FEDERAL REGISTER VOLUME 32 • NUMBER 23

Friday, February 3, 1967 • Washington, D.C. Pages 2357-2421 (Part II begins on page 2407)

Agencies in this issue— Agricultural Stabilization and Conservation Service Air Force Department Atomic Energy Commission Civil Service Commission Commerce Department Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Foreign Assets Gontrol Office Housing and Urban Development' Department International Commerce Bureau Interstate Commerce Commission Land Management Bureau National Bureau of Standards National Park Service Securities and Exchange Commission Selective Service System Small Business Administration Wage and Hour Division Detailed list of Contents appears inside.

No. 23—Pt. I-----1 Now Available

Public Papers of the Presidents of the United States

HARRY S. TRUMAN, 1952-53

This is the 20th volume in the “Public Papers” series to be released. It completes the set of eight books covering President Truman’s administration. It contains public messages and statements, news conferences, and other selected papers released by the White House during the period January 1, 1952-January 20, 1953. Included in the volume are the President’s two annual messages to Congress on the State of the Union ; special messages to Congress on the Mutual Security Program, and on aid for refugees and displaced persons; statements by the President on the termination of the state of war with Japan, and on the need for “Operation Sky watch” ; campaign speeches and remarks ; the President’s 324th and final news conference ; statement by the President giving his reflections on life in the Presidency ; and the President’s farewell address to the Amer­ ican people.

1334 Pages— $9.00

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

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALWREGISTER Archives and Records Service, General Services Administration (mail address National Areaa — Code —•- orto 202 «V Phone 963—3261 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. { The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payame i advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents i each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o t F ederal R egulations, which is published, under 50 titles, suant to section 11 of the Federal Register Act, as amended. The Code o p F ederal R egulations is sold by the Superintendent Documents. Prices of books and pocket supplements are listed In the first F ederal R egister issue of each month. g There are no restrictions on the republication of material appearing in the F ederal R egister or the Code o f F ederal R egulatio Contents agricultural stabilization Proposed Rule Making FEDERAL MARITIME AND CONSERVATION SERVICE Milk handling in certain market­ COMMISSION ing areas: Rules and Regulations Central West Texas______2382 Notices Upland cotton; acreage allotments Indianapolis, Ind______2382 Splosna Plovba et al.; notice of and marketing quotas, 1967 proposed cancellation of agree­ crop____ _:------2361 DEFENSE DEPARTMENT ments ______2396 AGRICULTURE DEPARTMENT See Air Force Department. FEDERAL POWER COMMISSION Notices See Agricultural Stabilization and FEDERAL AVIATION AGENCY Conservation Service; Consumer Hearings, etc.: and Marketing Service. Rules and Regulations Alabama-Tennessee N a t u r a l Gas Co______2399 AIR FORCE DEPARTMENT Alterations : Cities Service Gas Co. (2 docu­ Control zone______2368 ments) ___ :______2399 Rules and Regulations Control zone and transition Duquesne Light Co______2400 Medical education of Reserve Air area (2 documents)______2368 Frost, Vernon W., et al------2400 Force officers; personal com­ Federal airway______2369 Iowa-Hlinois Gas and Electric mercial affairs™ —_——— — 2367 Restricted area-______2370 Co., and Iowa Southern Utili­ Transition area (2 documents) _ 2369, ties Co______2401 ATOMIC ENERGY COMMISSION 2370 Shell Oil Co., et al______2401 Rules and Regulations Control zone and transition area; South Carolina Electric & Gas revocation ;___ __ — — ___ 2370 Co ______—______2401 Special nuclear material; require­ Standard instrument approach Sunset International Petroleum ments for control and physical p r o c e d u r e s ; miscellaneous C orp______2402 inventory—______2364 amendments______!:____ 2371 Petroleum, Inc., et al______2396 Notices Transition areas ; designation Powers, M. F., Estate et al_____ 2397 State of Louisiana; proposed (3 documents)______2369, 2370 Youngblood, J. Lee, et al_____ 2398 agreement for assumption of Proposed Rule Making certain AEC regulatory author- FEDERAL RESERVE SYSTEM ity______:_____ 2389 Airworthiness directives; Dart 525 Notices engines, etc—_.______— 2382 United Nuclear Corp.; issuance of Society Corp.; notice of with­ facility license amendment-— 2390 Control zone, transition area; pro­ posed alteration______2383 drawal of application to acquire CIVIL SERVICE COMMISSION shares of bank______2402 Rules and Regulations FEDERAL COMMUNICATIONS FEDERAL TRADE COMMISSION Economic Opportunity Office; ex­ COMMISSION Rules and Regulatioris cepted service______2361 Proposed Rule Making Rules and regulations under Notices Flammable Fabrics Act; miscel­ Domestic public radio services laneous amendments! ____ 2377 Professional engineers et al.; no­ other than maritime mobile; tice of adjustment of minimum correction_____ — ____ 2383 FISH AND WILDLIFE SERVICE rates and rate ranges______2391 Recording devices; use by tele­ Rules and Regulations phone companies______:—__ 2384 COMMERCE DEPARTMENT Station identification require­ Sport fishing in certain* national See also International Commerce ments _____ 2384 wildlife refuges: California (3 documents)_____ 2376 Bureau; National Bureau of Notices Oregon (3 documents)____ 2376, 2377 Standards. Washington______2377 Rules and Regulations Hearings, etc.: ■ Bay Broadcasting Co., and Re­ Notices Initial Federal motor vehicle porter Broadcasting Co— __ 2392 safety standards Blocker, Bernard J.; notice of loan ______2408 Cirilli, Arthur A., et al______2395 application ______2388 Proposed Rule Making D & T Broadcasting Co., and Initial Federal motor vehicle S e r v i c e Communications, FOREIGN ASSETS CONTROL safety standards (3 docu­ Inc ______•______2395 OFFICE ments) ______2417,2418 Madison County Broadcasting Notices Notices Co., Inc. (WRTH)______2395 Tannic acid; importation directly Business and Defense Services Vaughan, Stephen, & Associates from Belgium______2386 Administration; delegation of ¿nd Multivision Northwest, Washed (scoured) cashmere; im­ authority____ :______„ 2389 I n c ______2395 portation directly from United Kingdom ______2386 CONSUMER AND MARKETING FEDERAL HOME LOAN SERVICE HOUSING AND URBAN BANK BOARD DEVELOPMENT DEPARTMENT Rules and Regulations Notices Milk handling in certain market­ Rules and Regulations ing areas: Statements of policy; advances (2 Acting Assistant Regional Admin­ Connecticut______2362 documents) ______2366 istrator for Metropolitan De­ Greater Kansas City—I I ™ ™ 2363 kj - ■ • _ _ velopment, Region i n (At­ Massachusetts-Rhode Island™ 2361 Notices lanta) ; designation______2389 New York-New Jersey___ !____ 2362 Statement of policy; rescission— 2395 (Continued on next page) 2359 2360 CONTENTS

INTERIOR DEPARTMENT Oregon; proposed withdrawal and SECURITIES AND EXCHANGE reservation of lands______2387 See Fish and Wildlife Service; Mississippi; notice of filing of plat COMMISSION Land Management Bureau; Na­ of survey______£------2386 Notices tional Park Service. Nevada; notice of land classifica­ Hearings, etc.: tion______2386 Ohio Edison Co______2402 INTERNATIONAL COMMERCE Wyle Capital Corp------2403 BUREAU NATIONAL BUREAU OF Notices STANDARDS SELECTIVE SERVICE SYSTEM Peak Products Co., and L. Kan- Rules and Regulations Rules and Regulations ner; order conditionally restor­ Standard reference materials; Doctors of osteopathy; classifica­ ing export privileges______2388 viscometer calibrating liquids; tion rules and principles------2367 discontinuance; cross reference- 2377 INTERSTATE COMMERCE Notices SMALL BUSINESS COMMISSION Viscometer calibrating liquids; ADMINISTRATION Notices discontinuance______2388 Rules and Regulations Fourth section applications for NATIONAL PARK SERVICE Administration; organization----- 2377 relief______2404 Associate Administrator; change Root, Eugene S.; statement of Notices in designation. ------2377 changes in financial interests— 2404 Pictured Rocks National Lake- Notices shore, Mich.; notice of filing of Associate Administrator for Pro­ LABOR DEPARTMENT m ap ______2388 curement and Management As­ See Wage and Hour Division. sistance; delegation of au­ thority______— 2405 LAND MANAGEMENT BUREAU TREASURY DEPARTMENT Notices See Foreign Assets Control Office. California; Partial termination of proposed WAGE AND HOUR DIVISION withdrawal and reservation of Rules and-Regulations la n d s______2387 Termination of proposed with­ Equal pay for equal work under drawal and reservation of Fair Labor Standards Act; mis­ lan d s______2387 cellaneous amendments------._ 2378

List of CFR Parts Affected (Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists'the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.

5 CFR 13 CFR 29 CFR 213_____ - ______\______2361 Ch. I______2377 800______2378 101______2377 7 CFR 32 CFR 722_____ 1______2361 14 CFR 818______- ______2367 1001 ______2361 71 (10 d o c u m e n ts)______2368-2370 908______2367 73______2370 1002 ______- ______2362 1622—______— 2367 1015______2362 97— ______— ____ 2371 1064______2363 Proposed R ules: P roposed R ules: 39______- 2382 47 CFR 1049______2382 71______2383 P roposed R ules: 1128___ r ______2382 2i ...... _*__ 2383 15 CFR 10 CFR 64—IlIIIIIIIIIIIIIIIII______2384 230___ 2377 73______2384 70______2364 16 CFR 12 CFR 302—______2377 50 CFR 531 (2 documents)______2366 33 (7 documents)______2376, ?377 23 CFR 255______2408 Proposed R ules: 255 (3 documents) 2417,2418 2361

Rules and Regulations

hereby determined and found that com­ rules of practice and procedure govern­ Title 5— ADMINISTRATIVE pliance with the notice, public procedure ing the formulation of marketing agree­ and 30-day effective date requirements of ments and marketing orders (7 CFR Part PERSONNEL 5 U.S.C. 553 (80 Stat. 383) is imprac­ 900), a public hearing was held upon ticable and contrary to the public in­ certain proposed amendments to the Chapter I— Civil Service Commission terest, and this document shall be effec­ tentative marketing agreement and to PART 213— EXCEPTED SERVICE tive upon filing with the Director, Office the order regulating the handling of of the Federal Register. milk in the Massachusetts-Rhode Island Office of Economic Opportunity The tabulation of yields for the follow­ marketing area. Upon the basis of the ing counties in New Mexico and Texas evidence introduced at such hearing Section 213.3273 is amended to add and the record thereof, it is found that: one position of Acting Regional Director, set forth in paragraph (f) of § 722.470 is amended to read as follows: (1) The said order as hereby amended, Austin, Tex., until June 30,1967. Effec­ and all of the terms and conditions New Mexico tive on publication in the F ederal R egis­ thereof, will tend to effectuate the de­ ter, paragraph (g) is added to § 213.3273 Projected yields clared policy of the act; as set out below. County (pounds per acre) (2) The parity prices of milk, as de­ §213.3273 Office of Economic Oppor­ De Baca______—------506 termined pursuant to section 2 of the tunity Eddy ______— — 789 act, are not reasonable in view of the Guadalupe ______— ------499 * * * * * L e a ------486 price of feeds, available supplies of feeds, (g) Until June 30, 1967, one Acting Quay ,______-— ------l— 591 and other economic conditions which af­ Regional Director, Austin, Tex. Roosevelt____ i ------i— 576 fect market supply and demand for milk in the said marketing area, and the mini­ (5 U.S.C. 3301, 3302, E.O. 10577f 19 F.R. 7521, mum prices specified in the order as 3 CFR, 1954-1958 Comp., p. 218) T exas hereby amended, are such prices as will United S tates Civil Serv­ Willacy _____ ^------:------395 reflect the aforesaid factors, insure a suf­ ice Commission, ficient quantity of pure and wholesome [seal] James C. Spry, (Secs. 301(b) (13) (L), 79 Stat. 1197; 7 U.S.C. milk, and be in the public interest; and Executive Assistant to 1301(b)(13)(L)) (3) The said order as hereby amended, the Commissioners. Effective date: Date of filing this docu­ regulates the handling of milk in the [F.R. Doc. 67-1242; Filed, Feb. 2, 1967; ment with the Director, Office of the Fed­ same m anner as, and is applicable only to 8:46 a.m.] eral Register. persons in the respective classes of in­ dustrial or commercial activity specified Signed at Washington, D.C., on Jan- in, a marketing agreement upon which liary 31,1967. a hearing has been held. Title 7— AGRICULTURE H. D. Godfrey, ~ (b) Additional findings. It is neces­ Administrator, Agricultural Sta­ sary in the public interest to make this Chapter Vli— Agricultural Stabiliza­ bilization and Conservation order amending the order effective not tion and C o n se rv a tio n Service Service. later than February 1, 1967. Any de­ (Agricultural Adjustment), Depart­ [F.R. Doc. 67-1304; Filed, Feb. 2, 1967; lay beyond that date would tend to 8:50 a.m.] disrupt the orderly marketing of milk ment of Agriculture in the marketing area. SUBCHAPTER B— FARM MARKETING QUOTAS The provisions of the said order are AND ACREAGE ALLOTMENTS Chapter X— Consumer and Marketing known to handlers. The recommended [Arndt. 2] Service (Marketing Agreements and decision of the Deputy Administrator was issued January 17,1967, and the de­ PART 722— COTTON Orders; Milk), Department of Agri­ cision of the Assistant Secretary con­ culture taining all amendment provisions of this Subpart— 1967 Crop of Upland Cot­ [Milk Order 1] order was issued January 27, 1967. The ton: Acreage Allotments and Mar­ PART 1001— MILK IN MASSACHU- changes effected by this order will not keting Quotas SETTS-RHODE ISLAND MARKETING require extensive preparation or substan­ tial alteration in method of operation for County P rojected Y ields AREA handlers. In view of the foregoing, it Basis and purpose. This amending Order Amending Order is hereby found and determined that document is issued pursuant to the Agri­ good cause exists for making this order cultural Adjustment Act of 1938, as § 1001.0 Findings and determinations. amending the order effective February 1, amended (52 Stat. 31, as amended; 7 The findings and determinations here­ 1967, and that it would be contrary to the U.S.C. 1281 et seq.). inafter set forth are supplementary and public interest to delay the effective date The purpose of this amendment is to in addition to the findings and deter­ of this amendment for 30 days after its establish revised county projected yields minations previously made in connection publication in the F ederal R egister (5 under section 301(b) (13) (L) of the act with the issuance of the aforesaid order U.S.C. 553(d) (1966)). for upland cotton of the 1967 crop for and of the previously issued amendments (c) Determinations. It is hereby de­ counties in New Mexico and Texas. The thereto; and all of the said previous termined that; revisions are required because of correc­ findings and determinations are hereby (1) The refusal or failure of handlers tions in official data used in establishing ratified and affirmed, except insofar as (excluding cooperative associations spec­ the yields as previously published (31 such findings and determinations may ified in section 8c(9) of the act) of more P.R. 13168). be in conflict with the findings and than 50 percent of the milk, which is Since the yields established by this determinations set forth herein. marketed within the marketing area, to amendment require immediate action by (a) Findings upon the basis of thesign a proposed marketing agreement, the Agricultural Stabilization and Con­ hearing record. Pursuant to the provi­ tends to prevent the effectuation of the servation State and county committees, sions of the Agricultural Marketing declared policy of the act; it is essential that they be made effective Agreement Act of 1937, as amended (7 (2) The issuance of this order, amend­ as soon as possible. Accordingly, it is U.S.C. 601 et séq.), and the applicable ing the order, is the only practical means

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 1

2362 RULES AND REGULATIONS pursuant to the declared policy of the of 1937, as amended (7 U.S.C. 601 et the February Class I price would be re­ act of advancing the interests of pro­ seq.), and of the order regulating the duced by at least 6 cents through the in­ ducers as defined in the order as hereby handling of milk in the New York-New appropriate reduction in the utilization amended; and Jersey marketing area (7 CFR Part percentages and that in subsequent (3) The issuance of the order amend­1002), it is hereby found and determined months the price reduction would be ing the order is approved or favored by that: greater. These representatives also re­ at least two-thirds of the producers who (a) The following provisions of the quested that emergency action be taken during the determined representative order no longer tend to effectuate the to prevent declines in Class I prices and period were engaged in the production declared policy of the Act for the month producer returns that would otherwise of milk for sale in the marketing area. of February 1967: result from the inability of the present Order relative to handling. It is there­ In § 1002.40(a) (11) the provision “for order to properly adjust to the practice fore ordered, that, on and after the effec­ the month for which the Class I-A price of standardization now prevailing in the tive date hereof, the handling of milk is being determined.” and all of the market. in the Massachusetts-Rhode Island mar­ provisions of the table except the factor Therefore, good cause exists for mak­ keting area shall be in conformity to and “1.04”. ing this order effective February 1, 1967. in compliance with the terms and con­ (b) Thirty days notice of the effective It is therefore ordered, That the afore­ ditions of the aforesaid order, as amend­ date hereof is impractical, unnecessary, said provisions of the order are hereby ed, and as hereby further amended, as and contrary to the public interest in suspended for the period February 1, follows: that: 1967, through February 28, 1967. § 1001.62 [Am ended] (1) This suspension order does not re­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) 1. In paragraph (b) of § 1001.62 the quire of persons affected substantial or phrase “Mileage Guide No. 7” is revised extensive preparation prior to the effec­ Effective date: February 1,1967. to read “Mileage Guide No. 8”. tive date. (2) This suspension order is neces­ Signed at Washington, D.C., on Jan­ 2. In § 1001.62 paragraph (e) is re­ uary 31,1967. vised to read as follows: sary to reflect current marketing condi­ (e) Notwithstanding the provisions oftions and to maintain orderly marketing George L. Mehren, paragraphs (b) and (c) of this section, conditions in the marketing area. Assistant Secretary. for any named point located in New (3) This suspension action will sub­ [F.R. Doc. 67-1308; Filed, Feb. 2, 1967; England and New York State, determine stantially offset a downward price ad­ 8:51 ajn.] the highway mileage distance between justment which results from a reduction in the Class I utilization percentage be­ Boston and the named point by use of the [Milk Order 15] appropriate State maps contained in cause of the use of skim milk in stand­ Mileage Guide No. 7, issued by Household ardizing fluid milk which under the PART 1015— MILK IN CONNECTICUT existing accounting' procedure decreases Goods Carriers’ Bureau, Agent, Wash­ MARKETING AREA ington, D.C. Such distance shall be the the volume of milk classified as Class I. lowest highway mileage between Boston Through January, the incident of stand­ Order Amending Order ardization did not significantly affect the and the named point on the map, over § 1015.0 Findings and determinations. roads designated thereon as paved, all- Class I price level because the utilization weather roads. In the event that the percentage reflects the utilization in the The findings and determinations here­ named point is not located on a through, second and third preceding months re­ inafter set forth are supplementary and paved, all-weather road, such other roads lated to a base period norm. An inap­ in addition to the findings and determi­ shall be used to reach a through, paved, propriate price decline resulting from nations previously made in connection all-weather road as will result in the an apparent but unreal reduction in the with the issuance of the aforesaid order lowest highway mileage to Boston, except Class I utilization is unwarranted in the and of the previously issued amendments that such other roads shall not be used face of the downward trend in producer thereto; and all of the said previous for a distance of more than 15 miles if receipts relative to Class I sales. findings and determinations are hereby it is otherwise possible to connect with a (4) This suspension action was re­ ratified and affirmed, except insofar as through, paved, all-weather road. In quested by producers and supported by such findings and determinations may any instance in which the map does not handlers at a public hearing held Janu­ be in conflict with the findings and de­ clearly show the mileage between points ary 16-25,1967, at New York, N.Y., which terminations set forth herein. on a road, the mileage used shall be the was called at the request of producers (a) Findings upon the basis of the mileage as determined by the highway to consider changes that might be hearing record. Pursuant to the pro­ authority for the State in which the road needed to accommodate the order to a visions of the Agricultural Marketing is located. The mileage so determined, new permissive milk standardization law Agreement Act of 1937, as amended (7 of the mileage determined under para­ for New York State, effective November U.S.C. 601 et seq.), and the applicable graphs (b) and (c) of this section, 1, 1966. At the hearing, witnesses testi­ rules of practice and procedure governing whichever is less, shall be considered to fied that emergency action in the form the formulation of marketing agreements be the lowest highway mileage distance of a suspension order is necessary to off­ and marketing orders (7 CFR Part 900), between Boston and the named point. set the decrease in the Class I price that a public hearing was held upon certain (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. would otherwise result from inappropri­ proposed amendments to the tentative 601-674) ate action of the utilization adjustment marketing agreement and to the order percentages pending the time when an regulating the handling of milk in the Effective date: February 1,1967. amended order can be issued. Connecticut marketing area. Upon the Signed at Washington, D.C., on Janu­ The order in its present form was de­ basis of the evidence introduced at such ary 31,1967. signed to accommodate the situation in hearing and the record thereof, it is George L. Mehren, the New York-New Jersey market where found that: Assistant Secretary. standardization of milk was not per­ (1) The said order as hereby amend­ [F.R. Doc. 67-1307; Filed, Feb. 2, 1967; mitted. Because of the manner in which ed, and all of the terms and conditions 8:50 a.m.] the butterf at accounting system provided thereof, will tend to effectuate the de­ in the order operates, the changes in the clared policy of the Act; laws in these States to permit standard­ (2) The parity prices of milk, as deter­ [Milk Order 2] ization result in a lower total Class I mined pursuant to section 2 of the Act, PART 1002— MILK IN NEW YORK- utilization being recorded without a com­ are not reasonable in view of the price of parable drop in actual use. This in feeds, available supplies of feeds, and NEW JERSEY MARKETING AREA turn inappropriately reduces the Class I other economic conditions which affect Order Suspending Certain Provisions utilization adjustment percentages and market supply and demand for milk in the Class I prices associated with them. the said marketing area, and the mini­ Pursuant to the provisions of the At the hearing, representatives of both mum prices specified in the order as Agricultural Marketing Agreement Act producers and handlers estimated that hereby amended, are such prices as will FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2363 reflect the aforesaid factors, insure a suf­ appropriate State maps contained in (2) The parity prices of milk, as deter­ ficient quantity of pure and wholesome Mileage Guide No. 7, issued by Household mined pursuant to section 2 of the Act, milk, and be in the public interest; and Goods Carriers’ Bureau, Agent, Wash­ are not reasonable in view of the price (3) The said order as hereby amend­ington, D.C. Such distance shall be the of feeds, available supplies of feeds, and ed, regulates the handling of milk in the lowest highway mileage between Hart­ other economic conditions which affect same manner as, and is applicable only ford and the named point on the map, market supply and demand for milk in to persons in the respective classes of in­ over roads designated thereon as paved, the said marketing area, and the mini­ dustrial or commercial activity specified all-weather roads. In the event that the mum prices specified in the order as in, a marketing agreement upon which named point is not located on a through, hereby amended, are such prices as will a hearing has been held. paved, all-weather road, such other roads reflect the aforesaid factors, insure a (b) Additional findings. It is neces­ shall be used to reach a through, paved, sufficient quantity of pure and whole­ sary in the public interest to make this all-weather road as will result in the some milk, and be in the public interest; order amending the order effective not lowest highway mileage to Hartford, ex­ and later than February 1, 1967. Any delay cept that such other roads shall not be (3) The said order as hereby amended, beyond that date would tend to disrupt used for a distance of more than 15 miles regulates the handling of milk in the the orderly marketing of milk in the mar­ if it is otherwise possible to connect with same manner as, and is applicable only keting area. a through, paved, all-weather road. In to persons in the respective classes of The provisions of the said order are any instance in which the map does not industrial or commercial activity speci­ known to handlers. The recommended clearly show the mileage between points fied in, a marketing agreement upon decision of the Deputy Administrator on a road, the mileage used shall be the which a hearing has been held. was issued January 17,1967, and the de­ mileage as determined by the highway (b) Additional findings. It is neces­ cision of the Assistant Secretary contain­ authority for the State in which the road sary in the public interest to make this ing all amendment provisions of this or­ is located. The mileage so determined, order amending the order effective not der was issued January 27, 1967. The or the mileage determined under para­ later than February 1, 1967. Any delay changes effected by this order will not graphs (b) and (c) of this section, beyond that date would tend to disrupt require extensive preparation or substan­ whichever is less, shall be considered to the orderly marketing of milk in the tial alteration in method of operation for be the lowest highway mileage distance marketing area. handlers. In view of the foregoing, it is between Hartford and the named point. The provisions of the said order are hereby found and determined that good (Secs. 1-19, 48 Stat. 81, as amended; 7 U.S.C. known to handlers. The recommended 601-674) decision of the Deputy Administrator cause exists for making this order was issued January 18, 1967, and the de­ amending the order effective February 1, Effective date: February 1, 1967. cision of the Assistant Secretary con­ 1967, and that it would be contrary to the public interest to delay the effective date Signed at Washington, D.C., on Janu­ taining all amendment provisions of this ary 31,1967. order was issued January 27, 1967. The of this amendment for 30 days after its changes effected by this order will not publication in the F ederal R egister. (5 George L. Mehren, Assistant Secretary. require extensive preparation or sub­ U.S.C. 553(d) (1966).) stantial alteration in method of opera­ (c) Determinations. It is hereby de­ [F.R. Doc. 67-1305; Filed, Feb. 2, 1967; tion for handlers. In view of the fore­ termined that: 8:50 a.m.] going, it is hereby found and determined (1) The refusal or failure of handlers that good cause exists for making this (excluding cooperative associations spec­ [Milk Order 64] order amending the order effective Feb­ ified in section 8c(9) of the Act) of more ruary 1, 1967, and that it would be con­ than 50 percent of the milk, which is PART 1064— M ILK IN GREATER trary to the public interest to delay the marketed within the marketing area, to KANSAS CITY MARKETING AREA effective date of this amendment for 30 sign a proposed marketing agreement, days after its publication in the F ederal Order Amending Order tends to prevent the effectuation of the R egister. (5 U.S.C. 553(d) (1966).) declared policy of the Act; § 1064.0 Findings and determinations. (c) Determinations. It is hereby de­ (2) The issuance of this order, amend­ termined that: ing the order, is the only practical means The findings and determinations here­ (1) The refusal or failure of handlers pursuant to the declared policy of the inafter set forth are supplementary and (excluding cooperative associations spec­ Act of advancing the interests of produc­ in addition to the findings and determi­ ified in sec. 8c(9) of the Act) of more ers as defined in the order as hereby nations previously made in connection than 50 percent of the milk, which is amended; and with the issuance of the aforesaid order marketed within the marketing area, to (3) The issuance of the order amend­ and of the previously issued amendments sign a proposed marketing agreement, ing the order is approved or favored by at thereto; and all of the said previous tends to prevent the effectuation of the least two-thirds of the producers who findings and determinations are hereby declared policy of the Act ; during the determined representative pe­ ratified and affirmed, except insofar as (2) The issuance of this order, amend­ riod were engaged in the production of such findings and determinations may be ing the order, is the only practical means milk for sale in the marketing area. in conflict with the findings and de­ pursuant to the declared policy of the Order relative to handling. It is terminations set forth herein. Act of advancing the interests of pro­ therefore ordered, that on and after the (a) Findings upon the basis of theducers as defined in the order as hereby effective date hereof, the handling of hearing record. Pursuant to the provi­ amended; and milk in the Connecticut marketing area sions of the Agricultural Marketing (3) The issuance of the order amend­ shall be in conformity to and in com­ Agreement Act of 1937, as amended ing the order is approved or favored by pliance with the terms and conditions of (7 U.S.C. 601 et seq.), and the applicable at least two-thirds of the producers who the aforesaid order, as amended, and as rules of practice and procedure govern­ during the determined representative hereby further amended, as follows: ing the formulation of marketing agree­ period were engaged in the production § 1015.62 [Amended] ments and marketing orders (7 CFR Part of milk for sale in the marketing area. 900), a public hearing was held upon cer­ Order relative to handling. It is there­ 1. In paragraph (b) of § 1015.62 thetain proposed amendments to the tenta­ fore ordered, that on and after the phrase “Mileage Guide No. 7” is revised tive marketing agreement and to the effective date hereof, the handling of to read “Mileage Guide No. 8.” order regulating the handling of milk in milk in the Greater Kansas City market­ . 2* In § 1015.62 paragraph (e) is re­ the Greater Kansas City marketing area. ing area shall be in conformity to and in vised to .read as follows r Upon the basis of the evidence intro­ compliance with the terms and conditions (e) Notwithstanding the provisions of duced at such hearing and the record of the aforesaid order, as amended, and paragraphs (b) and (c) of this section, thereof, it is found that: as hereby further amended, as follows: for any named point located in New Eng­ (1) The said order as hereby amended, 1. In § 1064.12 the introductory text land and New York State, determine the and all of the terms and conditions and paragraph (b) are revised and a new highway mileage distance between Hart­ thereof, will tend to effectuate the de­ paragraph (c) is added to read as fol­ ford and the named point by use of the clared policy of the Act; lows:

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2364 RULES AND REGULATIONS

§ 1064.12 Pool plant. or (2) the average daily quantity of its material submitted in response to the no­ “Pool plant” means a plant (except a member producer milk received at pool tice of proposed rule making, the views of plant exempt pursuant to § 1064.60 or distributing plants during the previous industry representatives offered during § 1064.62) specified in paragraph (a), month multiplied by the number of days an industry advisory conference con­ (b), or (c) of this section: in the current month; vened by the Atomic Energy Commission * * * * * (b) A handler in his capacity as theon July 27, 1966, to discuss the proposed (b) A supply plant from which during operator of a pool distributing plant may amendments, and other factors involved, divert for his account the milk of any the Commission has adopted the amend­ the month the volume of Grade A fluid ments set forth below. milk products shipped to and received producer, other than a member of a co­ at pool plants pursuant to paragraph operative association which has diverted The principal differences from the (a) of this section and/or disposed of in milk pursuant to paragraph (a) of this amendments published for comment are; the marketing area as Class I on routes section, whose milk is received at his 1. Proposed § 70.22(b) has been re­ is not less than 30 percent during Novem­ pool distributing plant for at least 6 days’ vised to require applicants for special ber, December, and January and not less production during the month, without nuclear material licenses to possess and than 50 percent during all other months limit during the other days of such use more than 5,000 grams of special of the volume of Grade A milk received month. However, the total quantity of nuclear material for activities other than from dairy farmers at such plant (in­ milk so diverted may not exceed 35 per­ those involved in the operation of a nu­ cluding receipts from a handler pur­ cent in September through January and clear reactor or as a sealed source to suant to § 1064.7(c) except receipts of 100 percent in February through August submit to the Commission (1) a full diverted milk pursuant to § 1064.15): of the larger of the following amounts: description of their procedures for the Provided, That any supply plant which is (1) The total quantity of producer milk control of and accounting for special a pool plant during September through received at such plant during the current nuclear material, including certain speci­ January shall be pooled for the following month from producers who are not mem­ fied procedures, and (2) an identification months of February through August if bers of a cooperative association which of the fundamental material controls the required percentages pursuant to this has diverted milk pursuant to paragraph provided in the applicant’s material con­ paragraph are not met, unless such oper­ (a) of this section, or (2) the average trol and accounting procedures, which ator requests the market administrator daily quantity of producer milk received the applicant considers essential for as­ in writing that such plant not be a pool at such plant during the previous month suring that special nuclear material in plant, such nonpool status to be effective multiplied by the number of days in the his possession will be adequately safe­ the first month following such notice and current month from producers who are guarded; thereafter until the plant qualifies as a not members of a cooperative association 2. Proposed § 70.22(b) has been revised pool plant on the basis of shipments? which has diverted milk in the current to provide that the fundamental material (c) A supply plant which is operated by month pursuant to paragraph (a) of this controls identified by the applicant will a cooperative association in any month section; and be considered by the Commission in de­ in which the member producer milk of * * * * * termining the conditions to be incor­ such cooperative association received (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. porated in the license pursuant to during the month at pool distributing 601-674) § 70.32(c); plants either by transfer from such sup­ Effective date: February 1, 1967. 3. Footnotes have been added to ply plant or directly from member pro­ §§ 70.22(b)(1) and 70.51(c)(1) to note ducers’ farms is equal to or irl excess of Signed at Washington, D.C., on Jan­ that as guidance in preparing the re­ the following percentages of such cooper­ uary 31, 1967. quired descriptions, an applicant or a atives’ total member producer milk: Sep­ George L. Mehren, licensee may consult “A Guide for the tember, October, November, December, Assistant Secretary. Preparation of Procedure Manuals for and January, 65 percent; all other [F.R. Doc. 67-1306; Filed, Feb. 2, 1967; Safeguards Control and Inventory Man­ months, 50 percent. If two or more co­ 8:50 ajn.] agement of Nuclear Materials,” which is operative associations desire to qualify, a available upon request to the AEC. In supply plant operated by one of such co­ this regard it is noted that the AEC views operatives as a pool plant on the basis of as high priority the development of more their combined deliveries to pool distrib­ definitive criteria and standards in the uting plants and have filed a request to Title 10— ATOMIC ENERGY safeguarding of special nuclear material this effect in writing with the market ad­ Chapter I— Atomic Energy and as these are developed they will be ministrator on or before the first day of included in appropriate AEC regulations the month the agreement is effective, Commission or guides; such a supply plant shall be a pool plant 4. A new § 70.32(c) has been added during the month if the above specified PART 70— SPECIAL NUCLEAR MATERIAL which provides that each license to pos­ percentages of the total member pro­ sess and use more than 5,000 grams of ducer milk of such cooperative associa­ special nuclear material for activities tions was received during the month at Requirements for Control and Physical Inventory other than those involved in the opera­ pool distributing plants. tion of a nuclear reactor or as a sealed 2. In § 1064.15 paragraphs (a) and (b) On May 27, 1966, the Atomic Energy source shall contain a condition requir­ are revised to read as follows: Commission published in the F ederal ing the licensee to maintain such funda­ R egister (31 F.R. 7634) proposed amend­ mental material controls as were identi­ § 1064.15 Diverted milk. ments to its regulation, 10 CFR Part 70, fied pursuant to §§ 70.22(b) (2) and 70.51 * * * * * Special Nuclear Material, which would (c)_(2) and such other material control (a) A handler pursuant to § 1064.7(b)require holders of licenses for special procedures, as the Commission deter­ may divert for its account without limit nuclear material to adopt material con­ mines to be essential for the safeguard­ during the other days of the month the trol systems to better enable them to ac­ ing of special nuclear material; milk of any member producer whose milk count for the special nuclear material 5. The new requirements relating to is received at a pool distributing plant which they are licensed to possess and to the establishment and maintenance of for at least 6 days’ production during the perform physical inventories of such material control and accounting pro­ month. The total quantity of milk so material. cedures and the performance of physical diverted may not exceed 35 percent in All interested persons were invited to inventories by special nuclear material September through January and 100 submit written comments and sugges­ licensees, have been included in § 70.51 percent in February through August of tions for consideration in connection as paragraphs (b) and (c) rather than in the larger of the following amounts: (1) with the proposed amendments within 60 a new § 70.24 as proposed; The total quantity of its member pro­ days after publication of the notice of 6. The present § 70.51 has been re­ ducer milk received at all pool distrib­ proposed rule making in the F ederal designated § 70.51(a) and revised to re­ uting plants during the current month, R egister. Upon consideration of the quire licensees to keep records of all

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2365 special nuclear material in their posses­ § 70.22 Contents of applications. § 70.32 Conditions of licenses. sion regardless of origin or method of * * * * * * * * * * acquisition; . ' (b) Each application for a license to (c) Each license authorizing the pos­ 7. Redesignated § 70.51 (b) and (c) possess at any one time special nuclear session at any one time of spécial nuclear have been revised to make clear that the material in a quantity exceeding 5,000 material in a quantity exceeding 5,000 new requirements apply only to licensees grams of contained uranium 235, urani­ grams of contained uranum 235, uranium authorized to possess and use special um 233 or plutonium, or any combination 233, or plutonium, or any combination nuclear material in a quantity exceeding thereof, and to use such special nuclear thereof, and the use of such special nu­ 5,000 grams of “contained” uranium 235, material for activities other than those clear material except in the operation of uranium 233, and plutonium or any com­ involved in the operation of a nuclear a nuclear reactor licensed pursuant to bination thereof; reactor licensed pursuant to Part 50 of Part 50 of this chapter, or in sealed 8. Redesignated § 70.51(b) (2) . has this chapter, or as Sealed sources, shall sources, shall contain and be subject to been revised to make clear that the re­ contain: a condition requiring the licensee to quirement for an annual physical in­ (1)A full description of the applicant’s maintain (1) such fundamental material ventory of material is a minimum re­ procedures for control of and accounting controls identified pursuant to §§70.22 quirement and that the Commission may for special nuclear material which will be (b)(2) and 70.51(c)(2), and (2) such require inventories at more frequent in­ in his possession under license, including: other material control procedures, as the tervals in individual cases if this appears (1) Procedures used in'receiving, stor­ Commission determines to be essential to be necessary; ing and shipping special nuclear ma­ for the safeguarding of special nuclear 9. A footnote has been added to re­ terial; material. designated § 70.51(b) (2) to explain that (ii) Procedures for controlling special 5. The undesignated center head pre­ the required physical inventory of the nuclear material during its processing or ceding § 70.51 of 10 CFR Part 70 is special nuclear material content of ir­ use in the facility, if appropriate; amended by inserting the words “Special radiated fuel elements may be performed (iii) Procedures by which process Nuclear Material Control,” before the by calculations, using measured indi­ losses are determined; words “Records, Reporte and Inspec­ rect parameters such as reactor power (iv) Special nuclear material records tions.” output; - and reporting procedures; 6. Section 70.51 of 10 CFR Part 70 is 10. Redesignated § 70.51(c) has been (v) Physical inventory and measure­ amended to read as follows: revised to require licensees authorized to ment procedures for special nuclear ma­ possess and use more than 5,000 grama § 70.51 Inventory and records require­ terial, including frequency; and m ents. of special nuclear material for activities (vi) Administrative controls (organi­ other than those involved in the opera­ zation and management) for assuring (a) Each licensee shall keep records tion of a nuclear reactor or as a sealed appropriate implementation of the fore­ showing the receipt, inventory (includ­ source to submit to the Qommission (1) going procedures.1 ing location), disposal and transfer of all a full description of their procedures for (2) An identification of the funda­ special nuclear material in his possession the control of and accounting for special mental material controls provided in the regardless of its origin or method of nuclear material, including certain speci­ procedures described in subparagraph acquisition. fied procedures, and (2) an identification (1) (i) through (vi) of this paragraph, (b) Each licensee who is authorized to of tile fundamental material controls which the applicant considers essential possess at any one time special nuclear provided in the licensee’s material con­ for assuring that special nuclear material material in a quantity exceeding 5,000 trol and accounting procedures, which in his possession under license will be grams of contained uranium 235, ura­ the licensee considers essential for as­ adequately safeguarded. Such proposed nium 233, or plutonium, or any combina­ suring that special nuclear material in controls will be considered by the Com­ tion thereof, shall his possession will be adequately safe­ mission in determining the conditions to (1) Establish and maintain written guarded; : be incorporated in the license pursuant material control and accounting pro­ 11. Redesignated § 70.51(c) has been to § 70.32(c). cedures which are sufficient to enable the revised to provide that the fundamental * * * * * licensee to account for the special nu­ material controls identified by the li­ clear material, in his possession under censee will be considered by the Com­ 3. Section 70.23 of 10 CFR 704s amend­ license; mission in determining the conditions ed by adding a new paragraph (g) to (2) Perform annually, or at such other to be incorporated in the license pursuant read as follows: intervals as the Commission may require, to § 70.32(c). § 70.23 Requirements for the approval a physical inventory2 of the special nu­ Certain editorial changes have also of applications. clear material in his possession under been made in the amendments set forth A license application will be approved license. below. if the Commission determines that: (c) Each licensee who is authorized to Pursuant to the Atomic Energy Act ***** possess at any one time special nuclear of 1954, as amended, and the Administra­ material in a quantity exceeding 5,000 tive Procedure Act of 1946, as amended, (g) Where the applicant is required to grams of contained uranium 235, ura­ the following amendments to 10 CPR submit a summary description of the fun­ nium 233, or plutonium, or any combina­ Part 70 are published as a document sub­ damental material controls provided in tion thereof, and to use such special nu­ ject to codification to be effective 30 days his procedures for the control of and ac­ clear material for activities other than after publication in the F ederal R eg­ counting for special nuclear material those involved in the operation of a nu­ ister. pursuant to § 70.22(b) (2), the applicant’s clear reactor licensed pursuant to Part 1. Section 70.4 of 10 CFR Part 70 is proposed controls are adequate. 50 of this chapter, or as sealed sources, amended by adding a new paragraph (q) 4. A new paragraph Cc) is added to shall submit to the Commission within to read as follows: § 70.32 of 10 CFR Part 70 to read as 60 days after______: 8 § 70.4 Definitions. follows: (1) A full description of his procedures for control of and accounting for special * *' * * * iFor guidance in preparing the required descriptions, an applicant may consult “A nuclear material in his possession under (q) “Sealed source” means any special Guide for the Preparation of Procedure license, including: nuclear material that is encased in a Manuals for Safeguards Control and Inven­ capsule designed to prevent leakage or tory Management of Nuclear Materials”, 2 The method of physical inventory will escape of the special nuclear material. which is available forTnsjjection at the Com­ vary depending on the material to be inven­ mission’s Public Document Room, 1717 H toried and the process involved. In the case 2. Section 70.22 of 10 CFR Part 70 is Street NW., Washington, D.C. Copies of this of irradiated fuel elements, the special nu­ pended by redesignating paragraphs guide may be obtained by addressing a re­ clear material content may be obtained by (b) and (c) as paragraphs (c) and (d) quest to the Director of Materials Licensing, calculations, using measured indirect param­ and adding a new paragraph (b) to read U.S. Atomic Energy Commission, Washington, eters such as reactor power output. as follows: ' D.C. 20545. 8 Effective date of this amendment.

„ - FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 No. 23— Pt. I ---- 2 2366 RULES AND REGULATIONS

(1) Procedures used in receiving, stor­ § 531.1 General policy on advances. investment securities except to the ex­ ing, and shipping special nuclear ma­ (a) The Federal Home Loan Banks tent that the, applicant is reestablishing terial; are authorized to make advances to the association’s normal liquidity. (ii) Procedures for controlling special members subject to such regulations, (Sec. 17, 47 Stat. 736, as amended; 12 U.S.C. nuclear material during its processing or restrictions, and limitations as the Board 1437. Reorg. Plan No. 3 of 1947, 12 F.R use in the facility, if appropriate; may prescribe. It should, therefore, be 4981, 3 CFR, 1947 Supp.) (iii) Procedures by which process recognized that access by members to By the Federal Home Loan Bank losses are determined; advances is a privilege which may be Board. (iv) Special nuclear material records limited in accordance with the provisions and reporting procedures; and intent of the Federal Home Loan [seal] G renville L. Millard, Jr., (v) Physical inventory and measure­ Bank Act. Advances may be made to Assistant Secretary. ment procedures for special nuclear ma­ meet withdrawals, to cover seasonal re­ [F.R. Doc. 67-1311; Filed, Feb. 2, 1967; terial, including frequency; and quirements, and for expansion of resi­ 8:51 ami.] (vi) Administrative controls (organi­ dential mortgage portfolios. The Banks zation and management) for assuring are required to give due consideration to [No. 20,433] appropriate implementation of the fore­ the soundness of credit, the need to sta­ going procedures.* bilize home financing, the discourage­ PART 531— STATEMENTS OF POLICY (2) An identification of the funda­ ment of building booms, and prevention mental material controls provided in the of distressed conditions in the housing Supplemental Statement of Policy procedures described in subparagraph and mortgage markets in granting ad­ on Advances (1) (i) through (vi) of this paragraph, vances for expansion of home mortgage January 30,1967. which the licensee considers essential for portfolios. assuring that special nuclear material (b) In fulfilling the foregoing princi­ Resolved that the Federal Home Loan in his possession under license will be ples, due regard must be paid to the over­ Bank Board, upon the basis of considera­ adequately Safeguarded. Such proposed tion by it of the advisability of revising all effects of credit extension-on economic § 531.3 of the regulations for the Federal controls will be considered by the Com­ stability; the soundness of the borrow­ mission in determining the conditions to Home Loan Bank System (12 CFR 531.3) ing institution and the credit it extends; and for the purpose of effecting such re­ be incorporated in the license pursuant and the effect of credit extensions on the to § 70.32(c). vision, hereby revises said § 531.3 to read soundness of the mortgage and housing as follows: (Sec. 161, 68 Stat. 948; 42 U.S.O. 2201) markets in which the institution operates. § 531.3 Supplemental statement of pol­ Dated at Washington, D.C., this 30th (c) When economic considerations icy on advances. day of January 1967. dictate, advances may be extended within (a) Withdrawal advances should ordi­ For the Atomic Energy Commission. more liberal limits and at lower interest narily be liquidated in as brief a period rates than might normally apply; con­ W. B. McCool, as the member’s flow of savings would Secretary. versely, if economic conditions suggest a reasonably permit. However, where a limitation of credit, limits on advances member’s eligibility to obtain advances [F.R. Doc. 67-1283; Filed, Feb. 2, 1967; may be tightened and interest rates in­ 8:48 a.m.] for relending purposes has been estab­ creased above normal levels. lished, the member may elect to convert (d) The soundness of the borrowing its withdrawal advances outstanding on institution is always a major considera­ the effective date of this section to ad­ tion in granting advances. Members vances for relending within its estab­ Title 12— BANKS AND BANKING having lending experience which indi­ lished eligibility. Chapter V— Federal Home Loan Bank cates less than satisfactory credit prac­ (b) Continuous borrowing, without Board tices, lower than desirable reserve levels due regard to the provisions in § 531.1 or or additions to reserves, high expense to utilizing advances as permanent SUBCHAPTER B— FEDERAL HOME LOAN ratios, or other relevant characteristics capital, is to be discouraged. Large or BANK SYSTEM creating a less than satisfactory posture, continuous borrowers should be main­ [No. 20,432] should be either limited in or denied the tained under close scrutiny and should be use of advances for expansion. required to reduce outstanding advances PART 531— STATEMENTS OF POLICY (e) Irrespective of general economic as conditions in the mortgage market General Policy on Advances conditions and the member’s own per­ and a member’s condition indicates the formance, primary consideration should desirability of such action. J anuary 30, 1967. be given to the strength of housing de­ (c) Commitments should not exceed Resolved that the Federal Home Loan mand and the quality of mortgage credit reasonable levels giving due considera­ Bank Board, upon consideration by it of in a member’s market. Advances should tion to all factors pertaining to a mem­ the advisability of codifying its General be granted only if it is clear that the ber's condition and operating situation. Policy on Advances adopted by the market can absorb the additional funds Moreover, member institutions should Board on August 6,1965, as Federal Home without contributing to an overhang of control commitments by giving due re­ Loan Bank Board Resolution No. 19,334, housing supply or the deterioration of gard to reasonably anticipated cash flows, and duly published in the Federal R eg­ credit standards. the requirements of the residential mort­ ister on August 14, 1965 (30 F.R. 10168), (f) The use of advances to permit gage market, and the availability of hereby amends Part 531 of the regula­ members to obtain what is primarily credit from a member’s Bank based on tions for the Federal Home Loan Bank the advantage of rate differential rather discussion with the Bank. System (12 CFR Part 531) by adding a than to meet clearly visible needs for (d) Members’ scheduled item ratios new section, §531.1, to read as follows: funds should be avoided. Similarly, ad­ shall be given careful consideration in vances for any purpose not consistent the extension of credit. Maximum per­ 4 For guidance in preparing the required with the intent of the Federal Home Loan missible limits are stated below: descriptions, a licensee may consult “A Guide Bank Act should be denied. Advances Scheduled item Maximum limit for the Preparation of Procedure Manuals should not be extended to meet those percentage to in percent of for Safeguards Control and Inventory Man­ foreseeable needs of a member which can total assets savings capital agement of Nuclear Materials”, which is reasonably be met from a member’s own 2-2.99 _____ 12 available for inspection at the Commission’s ______9y2 Public Document Room, 1717 H Street NW., resources. Members should not seek 3-3.99______credit in anticipation of withdrawals, 4-4.99______1_ 6 Washington, D.C. Copies of this guide may ____ - 2 i/3 be obtained by addressing a request to the and credit should not be granted to in­ 5 or more______Director of Materials Licensing, U.S. Atomic crease cash positions, to purchase Gov­ Where members’ ratios exceed permis­ Energy Commission, Washington, D.C. 20545. ernment securities, or to acquire other sible limits, a reduction should be

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2367 achieved as soon as possible, consistent USAFMPC (AFPMDRF), Randolph AFB, internship training. (For example, a with conditions in the mortgage market. Tex. 78148, and including the locator fee student who attends school for 4 years, It is likely that some time may be re­ of $1.50. (Exception: Banking facilities at a school which has an academic year quired to effect reductions based on con­ subsidized by the U.S. Treasury are ex­ of 9 months, would incur an ADSC of ditions in the mortgage market, but as empt from charges for locator service.) three times 36 months, or 108 months.) savings flows generally increase, and (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012) If a student is eliminated from training mortgage market conditions ease, repay­ [AFR 211-2, July 13, 1966] before completion of the first year, he ments should be accelerated to bring will incur an ADSC of 2 years from date members into compliance. The repay­ Sec. of elimination. Elimination after com­ ment programs developed should permit 908.1 Purpose. pletion of the first year will result in an such flexibility at the discretion of each 908.2 Eligibility criteria for medical train­ ADSC of 2 years, plus 1 month for each Bank, i ing. month of training received after the first (e) Each Bank is authorized to make 908.3 Service commitment incurred. year. 908.4 How to apply for training. (d) Must complete any unfilled mili­ exceptions to the foregoing scheduled 908.5 Processing responsibility. items guideline in cases where there are tary incurred in obtaining his commis­ unusual and extenuating circumstances Au th o r ity : The provisions of this Part sion. Students in the program will be 908 issued under sec. 8012, 70A Stat. 488; fulfilling their service obligation incurred subject to approval by its Board of Di­ 10 U.S.C. 8012. rectors and a full statement in the min­ as a result of Reserve Officers’ Training utes of the Board of Directors’ meeting Source: AFR 36-25, Nov. 4, 1966. Corps (ROTC) or Officer Training School (OTS) participation while they are on for such action. Such exceptions may § 908.1 Purpose. be based on significant changes in man­ active duty at medical school or during agement and policy, but should not be This part shows how a military mem­ an Air Force sponsored internship made merely on the grounds that funds ber or a civilian highly motivated toward program. an Air Force.career in medicine may are needed in the market; nor should § 908.4 How to apply for training. any exception commit the Banks for participate in advanced training that more than 6 months. qualifies him as an Air Force physician. The applicant will submit a request It also outlines eligibility requirements direct to USAFMPC (AFMSMB4) Ran­ (f) Loan officers of regional banks are and tells how to apply for such training. dolph AFB, Tex. 78148, for an application expected to examine each advance ap­ kit. plication in prudent detail. Previous § 908.2 Eligibility criteria for medical credit determinations certainly do not training. § 908.5 Processing responsibility. preclude such examinations, nor ac­ If an applicant is a nonrated Reserve (a) Headquarters, USAF, after con­ ceptance, rejection or modification of the officer in grade of first lieutenant or be­ sideration of each application, will make proposed loan application. Particular low, a Reserve or active-duty enlisted selections by a medical education com­ attention shall be given to precise pur­ man, a civilian having received a B.S. mittee representing the Surgeon General, degree, or a civilian within 6 months of U.S. Air Force. Career motivation, poses of the proposed advance and the completion of premedical school, and if scholastic standing, and military apti­ type of properties and transactions for he will be under 27 years of age upon tude will be considered in making which the funds are sought. entry into medical school and has proof selections. (Sec. 17, 47 Stat. 736, as amended; 12 U.8 .C. of acceptance by an accredited medical (b) Air University, th rou gh the 1437. Reorg. Plan No. 3 of 1947, 12 F.R. school1 and has been recommended by Commandant, Air Force Institute of 4981, 3 CPR, 1947 Supp.) the dean of his premedical school, then Technology (AFIT), will negotiate and By the Federal Home Loan Bank he may apply under the medical educa­ contract with medical schools for the Board. tion program, at least 6 months prior to education authorized by this part. The anticipated entry in medical school, for contract must include payment for all [ sea l] Grenville L. Millard, Jr., training at an accredited medical school tuition and fees listed in the selected Assistant Secretary. for the period of time normally required school’s official catalog. In addition, to earn an MD degree from the school, AFIT will defray associated educational (P.R. Doc. 67-1310; Piled, Feb. 2, 1967; usually 4 but sometimes 5 years. expenses for books, supplies, thesis prep­ 8:51 a.m.] aration, and equipment as follows: § 908.3 Service commitment incurred. (1) Books and supplies, as required, A participant in this medical education up to $100 a year. program: (2) Any medical equipment the school Title 32— NATIONAL DEFENSE (a) Must agree to accept appointment requires all students to possess. Chapter VII— Department of the Air or reappointment, in the Reserve of the (3) Doctoral dissertation (when re­ Force Air Force Medical Service Corps (MSC) quired of students), $50. for the duration of his medical school SUBCHAPTER B— SALES AND SERVICES By order of the Secretary of the Air training and, if it is tendered, to accept Force. PART 818— PERSONAL COMMERCIAL reappointment in the Reserve of the Air Lucian M. F erguson, AFFAIRS Force Medical Corps (MC) upon gradua­ Colonel, U.S. Air Force, Chief, tion. Special Activities Group, SUBCHAPTER K— MILITARY TRAINING AND (b) Is placed on extended active duty Office of The Judge Advocate SCHOOLS (EAD) while attending medical school General. PART 908— MEDICAL EDUCATION OF and is entitled to pay and allowances during that period. [F.R. Doc. 67-1248; Filed, Feb. 2, 1967; RESERVE AIR FORCE OFFICERS (c) Incurs active duty service com­ 8:46 a.m.] Miscellaneous Amendments mitment (ADSC) prescribed in AFR 36- 5L (Career Reserve Status for Reserve Chapter XVI— Selective Service Officers and Active Duty Service Com­ A new Part 818 implementing § 43.8(c) System of Chapter I of this title is added below. mitments for Officers and Warrant Offi­ Also a new Part 908 is set forth below: cers) The ADSC will be 3 months, for [Amdt. 102] each month the student attends a medi­ § 818.1 Locator service. cal school, effective upon completion of PART 1622— CLASSIFICATION RULES AND PRINCIPLES Those desiring to contact an Air Force 1 The letter of acceptance may be con­ Doctors of Osteopathy member about his indebtedness may ob­ tingent upon completion of specified pre­ tain the member’s address by writing medical courses, but may not be for pre­ By virtue of the authority delegated to to the Air Force Locator Service at medical training only. me in Executive Order No. 11266, dated.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2368 RULES AND REGULATIONS

January 18, 1966, and having been ad­ P ullm a n , W a sh . Liberal, K ans. vised by the Secretary of Defense that Within a 5-mile radius of Pullman-Moscow That airspace extending upward from 700 a special requisition for doctors of oste­ Regional Airport (latitude 46°44'40” N., feet above the surface within a 10-mile ra­ opathy under authority of § 1631.4 of longitude 117°06'30'' W.) and within 2 miles dius of Liberal Municipal Airport (latitude these regulations will be issued for regis­ each side of the Pullman VOR 049° radial, 37°02'35" N., longitude 100°57'45" W.); and extending from the 5-mile zone to the VOR. that airspace extending upward from 1,200 trants in such category, § 1622.30a, This control zone is effective during the feet above the surface within a 17-mile ra­ Registrants included in the term “allied specific dates and times established in ad­ dius of Liberal Municipal Airport. specialist category” as used in paragraph vance by a Notice to Airmen. The effective (a) of § 1622.30, is amended to read as date and time will thereafter be continuously (Sec. 307(a), Federal Aviation Act of 1958; follows: published in the Airman’s Information 49 U.S.C. 1348) § 1622.30a Registrants included in the Manual. Issued in Kansas City, Mo., on Jan­ term “allied specialist category” as (Sec. 307(a), Federal Aviation Act of 1958, uary 23, 1967. used in paragraph (a) of § 1622.30. as amended; 72 Stat. 749; 49 U.S.C. 1348) D aniel E. B arrow, As used in paragraph (a) of § 1622.30, Issued in Los Angeles, Calif., on Jan­ Acting Director, Central Region. the term “allied specialist category” uary 23, 1967. [FJEt. Doc. 67-1188; Filed, Feb. 2, 1967; shall include, but is not limited to doc­ J oseph H. Tippets, 8:45 aan.] tors of osteopathy, optometrists, and Director, Western Region. registered professional male nurses. [F.R. Doc. 67-1187; Filed, Feb. 2, 1967; [Airspace Docket No. 66—CE-86] (Sec. 10, 62 Stat. 618; 50 U.S.C. App. 460; 8:45 a.m.] TCP .Tan. 18,1966, 31 F.R. 743) PART 71— DESIGNATION OF FEDERAL This order shall become effective upon [Airspace Docket No. 66-CE-81] AIRWAYS, CONTROLLED AIRSPACE, the filing thereof with the Office of the AND REPORTING POINTS Federal Register, National Archives and PART 71— DESIGNATION OF FEDERAL Records Service, General Services Ad­ AIRWAYS, CONTROLLED AIRSPACE, Alteration of Control Zone and ministration. AND REPORTING POINTS Transition Area [seal] Lewis B. Hershey, Alteration of Control Zone and On November 17, 1966, a notice of Director of Selective Service. proposed rule making was published in Transition Area the F ederal R egister (31 • F.R. 14652) January 31,1967. On November 15,1966, a notice of pro­ stating that the Federal Aviation Agency [F.R. Doc. 67-1280; Filed, Feb. 2, 1967; posed rule making was published in the proposed to alter controlled airspace in 8:48 a.m.] F ederal Register (31 F.R. 14557) stating the Iron Mountain, Mich., terminal area. that the Federal Aviation Agency pro­ Interested persons were afforded an posed to alter controlled airspace at opportunity to participate in the rule Liberal, Kans. making through submission of comments. Title 14— AERONAUTICS AND Interested persons were afforded an The one comment received was favorable. opportunity to participate in the rule In consideration of the foregoing, Part SPACE making through submission of com­ 71 of the Federal Aviation Regulations is Chapter I— Federal Aviation Agency ments. The one comment received was amended, effective 0001 e.s.t., March 30, favorable. 1967, as hereinafter set forth: SUBCHAPTER E— AIRSPACE The phraseology recited in the notice 1. In § 71.171 (32 F.R. 2071), the Iron [Airspace Docket No. 67-WE-2] of proposed rule making, concerning the Mountain, Mich., control zone is amended effective dates and times of the Liberal, to read: PART 71— DESIGNATION OF FEDERAL Kans., control zone, has been changed I ron M o u ntain, M ic h . AIRWAYS, CONTROLLED AIRSPACE, slightly in this final rule. Since this Within a 5-mile radius of Ford Airport, AND REPORTING POINTS change is minor in nature and imposes Iron Mountain, Mich, (latitude 45°48'55" N., no additional burden on anyone, it is longitude 88°07'00" W.) and within 2 miles Alteration of Control Zone being made in the rule without notice each side of the Iron Mountain VOR 141° and public procedure. and 193° radials extending from the 5-mile The purpose of this amendment to radius zone to 8 miles SE and S of the VOR; In consideration of the foregoing, Part and within 2 miles each side of the 182° and Part 71 of the Federal Aviation Regu­ 71 of the Federal Aviation Regulations lations is to alter the Pullman-Moscow 276° bearings from Ford Airport extending is amended, effective 0001 e.s.t., March from the 5-mile radius zone to 8 miles S and Regional Airport control zone. 30, 1967, as hereinafter set forth. W of the airport. This control zone shall be The control zone extension SW of the 1. In §71.171 (32 F.R. 2071), the effective during the specific dates and/or times established in advance by a Notice to Pullman VOR, described on the 229° Liberal, Kans., control zone is amended Airmen »and continuously published in the radial, was designated to protect a West to read: Airman’s Information Manual. Coast Airlines (Special ADF) approach Liberal, K ans. 2. In §71.181 (32 F.R. 2148), the based on the privately owned Pullman- Within a 5-mile radius of Liberal Municipal Iron Mountain, Mich., transition area is Moscow radio beacon. The radio beacon Airport (latitude 37°02'35" N., longitude 100°57'45'' W.); within 2 miles each side amended to read: has been decommissioned and the zone of the Liberal VORTAC 025° radial, extend­ I ron Mo u ntain, Mic h . extension is no longer required. ing from the 5-mile radius zone to 8 miles That airspace extending upward from 700 Since this action imposes no additional NE of the VORTAC; and within 2 miles each feet above the surface within a 7-mile radius burden on any person, notice and public side of the Liberal VORTAC 153° radial, ex­ of Ford Airport, Iron Mountain, Mich, tending from the 5-mile radius zone to 8 (latitude 45°48'55'' N., longitude 88°07'00” procedure hereon are unnecessary. miles SE of the VORTAC. This control W.); and within 5 miles NE and 8 miles SW In consideration of the foregoing, Part zone is effective during the specific dates and of the Iron Mountain VOR 1410 radial, within 71 of the Federal Aviation Regulations is times established in advance by a Notice to 5 miles W and 8 miles E of the VOR 193° Airmen. The effective date and time will radial extending from the VOR to 12 miles amended, Effective 0001 e.s.t., March 30, thereafter be continuously published in the SE and S of the VOR; and within 5 miles w 1967, as hereinafter set forth: Airman’s Information Manual. and 8 miles E of the 182° bearing from Ford In § 71.171 (32 F.R. 2071) the Pullman, Airport, within 5 miles N and 8 miles S of 2. In § 71.181 (32 F.R. 2148), the Lib­ the 276° bearing from Ford Airport extending Wash., control zone is amended us fol­ eral, Kans., transition area is amended from the airport to 12 miles S and W of the lows: to read: airport.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY ^3, T967 RULES AND REGULATIONS 2369

(Sec. 307(a), Federal Aviation Act of 1958; the El Paso sectional chart, it has been (Sec. 307(a), Federal Aviation Act of 1958; 49 U.S.C. 1348) determined that the description should 49 U.S.C. 1348) Issued in Kansas City, Mo., on Jan­ be redescribed as extending from 5 miles Issued in Kansas City, Mo., on Jan­ uary 23,1967. NW to 14 miles SE of the VOR to facili­ uary 23,1967. D aniel E. B arrow, tate charting of this transition area. D aniel E. Barrow, Acting Director, Central Region. Accordingly, action is taken herein. Acting Director, Central Region. [F.R. Doc. 67-1189; Filed, Feb. 2, 1967; Since this amendment is clarifying in [F.R. Doc. 67-1192; Filed, Feb. 2, 1967; 8:45 a.m.] nature and will impose no additional 8:45 a.m.] burden on any person, notice and public procedures are unnecessary and this [Airspace Docket No. 66-CE-84] [Airspace Docket No. 66-SO-58] amendment may be made effective PART 71— DESIGNATION OF FEDERAL immediately. PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, In consideration of the foregoing Part AIRWAYS, CONTROLLED AIRSPACE, 71 of the Federal Aviation Regulations is AND REPORTING POINTS AND REPORTING POINTS amended, effective immediately, as herein Alteration of Federal Airway set forth. Designation of Transition Area In § 71.181 (32 F.R. 2148) the Marfa, On November 17, 1966, a notice of pro- On November 11,1966, a notice of pro­ Tex., transition area is amended to read p sed rule making was published in the posed rule making was published in the as follows: F ederal R egister (31 F.R. 14653) stating F ederal R egister (31 P.R. 14559) stating Marfa, T ex. that the Federal Aviation Agency was that the Federal Aviation Agency pro­ That airspace extending upward from 700 posed to designate controlled airspace in considering an amendment to Part 71 of feet above the surface within a 7-mile radius the Wisconsin Rapids, Wis., terminal the Federal Aviation Regulations that of Marfa Municipal Airport (latitude 30° 22'- area. would revoke the V-295 E alternate from 15” N., longitude 104°01'15” W.) and within Interested persons were afforded an Vero Beach, Fla., to Orlando, Fla. 5 miles NE and 8 miles SW of the Marfa opportunity to participate in the rule Interested persons were afforded an VOR 324° and 144° radials extending from 5 miles NW to 14 miles SE of the VOR. making through submission of com­ opportunity to participate in the pro­ ments. The one comment received posed rule making through the submis­ (Sec. 307(a), Federal Aviation Act of 1958; offered no objection to the proposal. sion of comments. The Air Transport 49 U.S.C. 1348) The latitude coordinate recited in the Association of America offered no objec­ Issued in Fort Worth, Tex., on January 700-foot floor transition area description tion to the proposal. No other comments 20,1967. in the notice of proposed rule making has were received. Henry L. N ewman, been changed slightly in this final rule. In consideration of the foregoing, Part Director, Southwest Region. In addition, a portion of the 1,200-foot 71 of the Federal Aviation Regulations [F.R. Doc. 67-1191; Filed, Feb. 2, 1967; floor transition area description recited is amended, effective 0001 e.s.t., March 8:45 a.m.] in the notice of proposed rule making has 30, 1967, as hereinafter set forth. been reworded in this final rule in order Section 71.123 (32 F.R. 2009) is to clarify the description of this airspace. amended as follows: In V-295 all be­ [Airspace Docket No. 66-CE-76] This latter change does not increase the tween “Orlando, Fla., 161° radials;” and PART 71— DESIGNATION OF FEDERAL amount of airspace as proposed in the “12 AGL INT Orlando 283°” is deleted notice. Since these changes are minor and “12 AGL Orlando;” is substituted AIRWAYS, CONTROLLED AIRSPACE, in nature and impose no additional bur­ therefor. ^ ' v ’/. AND REPORTING POINTS den on anyone, they are being incorpo­ (Sec. 307(a), Federal Aviation Act of 1958; Designation of Transition Area rated in the rule without notice and 49 U.S.C. 1348) public procedure. On October 27, 1966, a notice of pro­ In consideration of the foregoing, Issued in Washington, D.C., on Jan­ posed rule making was published in the Part 71 of the Federal Aviation Regu­ uary 25,1967. F ederal R egister (31 F.R. 13801) stat­ lations is amended, effective 0001 e.s.t., H. B. Helstrom, ing that the Federal Aviation Agency March 30, 1967, as hereinafter set forth: Chief, Airspace and Air proposed to designate controlled air­ In § 71.181 (32 F.R. 2148), the follow­ Traffic Rules Division.. space at Olney, 111. ing transition area is added: [F.R. Doc. 67-1190; Filed, Feb. 2, 1967; Interested persons were afforded an W isco n sin R apids, W is . 8:45 a.m.] opportunity to participate in the rule making through submission of com­ That airspace extending upward from 700 feet above the surface within a 6-mile radius ments. The one comment received of­ of Alexander Field-South Wood County Air­ [Airspace Docket No. 67-SW-2] fered no objection to the proposal. port (latitude 44°21'30” N„ longitude 89°- In consideration of the foregoing, Part 50'15” W.); and within 2 miles each side of PART 71— DESIGNATION OF FEDERAL 71 of the Federal Aviation Regulations the 191° bearing from Alexander Field-South AIRWAYS, CONTROLLED AIRSPACE, is amended, effective 0001 e.s.t., March Wood County Airport, extending from the AND REPORTING POINTS 6-mile radius to 8 miles S of the airport; and 30, 1967, as hereinafter set forth: that airspace extending upward from 1,200 In § 71.181 (32 F.R. 2148), the follow­ Alteration of Transition Area feet above the surface within 7 miles N and ing transition area is added: 14 miles S of the 101° and 281° bearings from On October 25, 1966, F.R. Doc. 66- Oln ey , III. Alexander Field-South Wood County Air­ 11567 was published in the F ederal port extending from 5 miles W to 9 miles E of the airport, excluding the portion of the Register (31 F.R. 13698) which desig­ That airspace extending upward from 700 feet above the surface within a 5-mile radius 1,200-foot transition area, which overlies the nated the Marfa, Tex., transition area. of Olney-Noble Airport, Olney, 111. (latitude Camp Douglas, Wis. and Wausau, Wis., tran­ The Marfa, Tex., transition area is 38°43'20” N., longitude 88°10'25” W.); and sition areas. described, in part, as that airspace with­ within 2 miles each side of the 223° bearing (Sec. 307(a), Federal Aviation Act of 1958; in 5 miles NE and 8 miles SW of the from Olney-Noble Airport, extending from 49 U.S.C. 1348) Marfa VOR 324° and 144° radials ex­ the 5-mile radius area to 8 miles SW of the tending from the 7-mile radius area to airport; and that airspace extending upward Issued in-Kansas City, Mo., on January from 1,200 feet above the surface within 5 23, 1967. 14 miles SE of the VOR. As the coordi­ miles NW and 8 miles SE of the 223° bear­ nates of the Marfa VOR (latitude D aniel E. B arrow, ing from the Olney-Noble Airport, extending Acting Director, Central Region. 30°17'53" N., longitude 103°57'15" W.) from the airport to l2 miles SW of the air­ Plot approximately one-half mile SW port, excluding the airspace within the [F.R. Doc. 67-1193; Filed, Feb. 2, 1967; of the VOR location as displayed on Evansville, Ind., transition area. 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2370 RULES AND REGULATIONS

[Airspace Docket No. 66-SO-88] procedure has now been canceled. Con­ [Airspace Docket No. 66-EA-48] p a r t 71— DESIGNATION OF FEDERAL sequently, there is no longer any re­ quirement for a control zone and transi­ PART 73— SPECIAL USE AIRSPACE AIRWAYS, CONTROLLED AIRSPACE, tion area at this location and action is Alteration of Restricted Area AND REPORTING POINTS taken herein to revoke this controlled On November 19,1966, a notice of pro­ Designation of Transition Area airspace. Since this amendment is less restric­ posed rule making was published in the On December 15, 1966, a notice of pro­ tive in nature and imposes no additional F ederal R egister (31 F.R. 14745) stating posed rule making was published in the burden on any person, notice and public that the Federal Aviation Agency was F ederal R egister (31 F.R. 15814) stating procedure hereon are unnecessary. considering an amendment to the Fed­ eral Aviation Regulations (FARs) which that the Federal Aviation Agency was In consideration of the foregoing, Part would alter Restricted Area R-5001, Fort considering an amendment to Part 71 71 of the Federal Aviation Regulations Dix, N.J. of the Federal Aviation Regulations that is amended, effective 0001 e.s.t., March 30,1967, as hereinafter set forth. Interested persons were afforded an would designate the Hazlehurst, Ga., opportunity to participate in the pro­ 1. In § 71.171 (32 F.R. 2071), the Im­ posed rule making through the submis­ transition area. perial, Nebr., control zone is revoked in Interested persons were afforded an sion of comments. The only comment its entirety. received was from the Air Transport As­ opportunity to participate in the rule 2. In § 71.181 (32 F.R. 2148), the Im­ sociation and they interposed no objec­ making through the submission of com­ perial, Nebr., transition area is revoked tion. ments. All comments received were in its entirety. In consideration of the foregoing, Part favorable. (Sec. 307(a), Federal Aviation Act of 1958; 73 of the Federal Aviation Regulations is In consideration of the foregoing, Part 49 U.S.C. 1348) amended, effective 0001 e.s.t., March 30, 71 of the Federal Aviation Regulations is 1967, as hereinafter set forth. Issued in Kansas City, Mo., on Janu­ Section 73.50 (32 F.R. 2320) is amended amended, effective 0001 e.s.t., March 30, ary 23, 1967. as follows: 1967, as hereinafter set forth. Daniel E. Barrow, In § 71.181 (32 F.R. 2148) the follow­ Acting Director, Central Region. R-5001 F ort D ix , N.J. ing transition area is added: [F.R. Doc. 67-1195; Plied, Feb. 2, 1967; SUBAREA A H azlehurst, G a. 8:45 a.m.] Boundaries: Beginning at latitude 40°02'- 45" N., longitude 74°27'00" W.; to latitude That airspace extending upward from 700 40°00'00" IÎ., longitude 74°26'20" W.; to feet above the surface within a 5-mile radius [Airspace Docket No. 67-SO-8] latitude 39°59'00" N., longitude 74°25'08'' of the Hazlehurst Airport (latitude 31°53'05" W.; to latitude 39°58'00" N., longitude 74°- N., longitude 82°38'50'' W.); within 2 miles PART 71— DESIGNATION OF FEDERAL 25'00" W.; to latitude 39°58'45" N., longitude each side of the Alma VORTAC 342° radial AIRWAYS, CONTROLLED AIRSPACE, 74°28'00" W.; to latitude 39°58'45" N., longi­ extending from the 5-mile radius area to tude 74°31'25" W.; to latitude 39°59'15" N., 18 miles NE of the VORTAC; and that air­ AND REPORTING POINTS longitude 74°33'30" W.; to latitude 40°01'- space extending upward from 1,200 feet 53" N., longitude 74°33'30" W.; to latitude above the surface bounded on the NE by Alteration of Transition Area 40°02'45" N., longitude 74°32'30" W.; to the V-267, on the SE by V-157, and on the SW point of beginning. by V-5/V-51; within the area E of Alma The purpose of this amendment to Designated altitudes: Surface to ànd in­ bounded on the NW by V-157, on the NE by Part 71 of the Federal Aviation Regula­ cluding 4,000 feet MSL. V-267, and oh the SW by V-51E. tions is to alter the Shelbyville, Tenn., Time of designation: Continuous. (Sec. 307(a), Federal Aviation Act of 1958; transition area. Controlling agency: Federal Aviation 49 U.S.C. 1348(a)) The Shelbyville transition area is de­ Agency, New York ARTC Center. Using agency: Commanding General, Fort Issued in East Point, Ga., on January scribed in § 71.181 (32 F.R. 2148). Dix, N.J. 24,1967. Part of the airspace so described is SUBAREA B predicated on the Shelbyville VOR 196° W. B. R ucker, Boundaries: Beginning at latitude 40° 02'- Acting Director, Southern Region. radial. Because of a 1-degree change 45" N., longitude 74°27'00" W.; to latitude [F.R. Doc. 67-1194; Filed, Feb. 2, 1967; in the approach radial of the prescribed 40°00'00" N.; longitude 74°26'20" W.; to lati­ 8:45 a.m.] instrument approach procedure, it is tude 39°59'00" N., longitude 74°25'08" W.; necessary to alter the transition area to latitude 39°58'00" N., longitude 74°25'00" accordingly. ~W.; to latitude 39°58'45" N., longitude 74°- [Airspace Docket No. 67-CE-ll] Since this amendment is minor in na­ 28'00" W.; to latitude 39°58'45" N., longitude ture, notice and public procedure hereon 74°31'25" W.; to latitude 40°01'53" N., longi­ PART 71—-DESIGNATION OF FEDERAL tude 74°33'30" W.; to latitude 40°02'45" N., are unnecessary. longitude- 74°32'30" W.; to the point of AIRWAYS, CONTROLLED AIRSPACE, In consideration of the foregoing, Part beginning. AND REPORTING POINTS 71 of the Federal Aviation Regulations Designated altitudes: From 4,000 feet MSL is amended, effective 0001 e.s.t., March to and including 8,000 feet MSL. Revocation of Control Zone and 30, 1967, as hereinafter set forth. Time of designation: Continuous, sunrise Transition Area Friday to sunset Sunday, other times by In § 71.181 (32 F.R. 2148) the Shelby­ NOTAM, 48 hours in advance. The purpose of this amendment to ville, Tenn., transition area is amended Controlling agency: Federal Aviation by deleting“* * * Shelbyville VOR 196° Part 71 of the Federal Aviation Regula­ Agency, New York ARTC Center. radial * * *” and substituting “* * * Using agency: Commanding General, Fort tions is to revoke the Imperial, Nebr., Shelbyville VOR 195° radial * * *” Dix, N.J. control zone and transition area. therefor. (Sec. 307(a), Federal Aviation Act of 1958; The Imperial, Nebr., control zone and (Sec. 307(a), Federal Aviation Act of 1958; 49 U.S.C. 1348) transition area were designated to pro­ 49 U.S.C. 1348(a)) Issued in Washington, D.C., on Jan­ vide the controlled airspace necessary to Issued in East Point, Ga., on Janu­ uary 26, 1967. protect aircraft utilizing a public-use ary 26, 1967. W illiam E. Morgan, instrument approach procedure at the W. B. R ucker, Acting Director, Imperial, Nebr., Municipal Airport pre­ Acting Director, Southern Region. - Air Traffic Service. dicated on a State-owned radio beacon [F.R. Doc. 67-1251; Filed, Feb. 2, 1967; [F.R. Doc. 67-1196; Filed, Feb. 2, 1967; facility. This instrument approach 8:46 a.m.] 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2371

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 7905; Amdt. 521] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

Dnlnth VOR LOM ...... Direct _ :■ ...... 3000 T-dn______300-1 300-1 200- )4 C-d...... 400-1 500-1 500-1)4 C-n...... 400-1)4 500-1)4 500- 1)4 S-dn-9______400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn S side of crs, 267° Outbnd, 087° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 2700'. Crs and distance, facility to airport, 087°—5.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.6 miles after passing LOM, climb to 3000' en 087“ bearing from LOM within 10 miles. MSA within 25 miles of facility: 000°-090°—2700'; 090°-180°—3100'; 180°-360°—2800'. City, Duluth; State, Minn.; Airport name, Duluth International; Elev., 1429'; Fae. Class., H-SAB; Ident., DL; Procedure No. NDB (ADF) Runway 9, Amdt. 10; Eff. date, 25 Feb. 67; Sup. Amdt.'No. ADF 1, Amdt. 9; Dated, 10 July 65

Stockbridge Tnt GBR RBn...... "■ 4000 1000-2 1000-2 NA Hillsdale I n t...... , GBR RBn______4000 T-n...... NA NA NA C-d...... 1700-2 1700-2 NA C-n...... NA NA NA A-dn______NANA NA

Procedure turn W side of crs, 165“ Outbnd, 345“ Inbnd, 4000' within 10 miles. Minimum altitude over facility on final approach crs, 2426'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of GB R RBn, make right-climbing turn to 4000'returning to thé GB R RBn. Hold S of GB R RBn 345° Inbnd, left turns, 1-minute. Notes: (1) Approach from a holding pattern not authorized. Procedure turn required. (2) Use Bradley Field altimeter setting. (3) State-owned facility, must be moni­ tored aurally during approach. Caution: High terrain all quadrants. MSA within 25 miles of facility: 000°-360“—3600'. City, Great Barrington; State, Mass.; Airport name, Great Barrington; Elev., 726'; Fac. Class., MH; Ident., GBR; Procedure No. NDB (ADF)-l, Amdt. Orig.; Eff. date 25 Feb. 67 .

Westfield VQR PMX RBn...... 3000 T-dn 500-1 600-1 NA Gardner VO RTÂC PMX RBn 3000 C-dn 1200-1)4 I2OO-II4 NA A-dn...... NA NA NA

Procedure turn E side of crs, 216“ Outbnd, 036“ Inbnd, 2800' within 10 miles. Minimum altitude over facility on final approach crs, 1610'. Facility on airport. . if visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of PMX RBn, climb to 2800' on 036° bearing, lom PMX RBn. Return to PMX RBn, hold SW 036“ Inbnd, right turns, 1 minute. Procedure ta rn ^ a*'eT°(^ riec* facility must bemonitored aurally during approach. (2) Use Westover AFB altimeter setting. (3) Approach from a holding pattern not authorized. Caution: 1094 terrain (unlighted), 1.2 miles E of airport. MSA within 25 miles of facility: 000°-090°—3500'; 090*-180°—3000'; 180“-270°—2500'; 270°-360°—3000'. City, Palmer; State, Mass.; Airport name, Metropolitan; Elev., 410'; Fac. Class., MHW; Ident., PMX; Procedure No. NDB(ADF)-1, Amdt. Orig.; Eff. date, 25 Feb. 67

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2372 RULES AND REGULATIONS

ADF Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - altitude Condition ;>engine, distance (feet) 65 knots More than more than or less 66 knots 65 knots

PIA VOR... LOM Direct. 2400 T -dn... 300-1 300-1 200-H Pekin In t__ LOM Direct. 2400 C-dn.._: 400-1 600-1 600-1M Mora I n t.... LOM Direct 2400 S-dn-30 400-1 400-1 400-1 Mossville Int LOM Direct 2400 A-dn__ 800-2 800-2 '800-2 Bradley Int. LOM Direct 2400

Procedure turn E side of crs, 123° Outbnd, 303° Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 2400'. Crs and distance, facility to airport, 303°—5.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.3 miles after passing LOM, climb to 1800' proceed to PIA VOR, or when directed by ATC, climb to 2400', proceed to Bradley Int. MSA within 25 miles of facility: 180°-270°—2000'; 270°-180°—2300'. City, Peoria; State, 111.; Airport name, Greater Peoria; Elev., 659'; Fac. Class., LOM; Ident., PI; Procedure No. NDB(ADF) Runway 30, Arndt. 4; Eff. date, 25 Feb. 67; Sup. Arndt. No. ADF-1, Arndt. 3; Dated, 14 Dec. 63

Washoe In t___ 11,000 T-dn% . 1000-2 1000-2 1000-2 Wadsworth Int. 10^000 C-dn : ______1600-2 1600-2 1600-2 Verdi Int_____ 10,000 2000-3 2000-3 2000-3 Steamboat Int. 9000 Reno VOR___ 9000 Mustang Int— . 9000 Pyramid Int... 9000 TruckeeInt__ 10,500 Nixon In t____ Sparks RBn______:______Direct.______—_ 10; 000

Procedure turn W side of crs, 342° Outbnd, 162° Inbnd, 9000' within 10 miles. Minimum altitude over Sparks RBn on final approach crs, 8000'; over Reno RBn, 6700'. Crs and distance, Sparks RBn to airport, 162°—11.1 miles; RNO RBn to airport, 161°—2.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 11.1 miles after passing Sparks RBn (2,3 miles after RNO RBn), turn left direct to Sparks RBn, climbing to 10,000'. Hold N, Sparks RBn 1-minute pattern, 162° Inbnd, right turns. Air Carrier N ote: No reduction in visibility authorized for local conditions. % IFR departures must comply with published Reno SID’s or as directed by ATC. MSA within 25 miles of facility: 320°-050°—9800'; 050°-140°—9400'; 140°-230°—11,800'; 230°-320°—9800'. City, Reno; State, Nev.; Airport name, Reno Municipal; Elev., 4411'; Fac. Class., HW; Ident., SPK; ProcedureNo. NDB (ADF)-2, Arndt. 4; Eff. date, 25 Feb. 67; Sup. Amdt. No. ADF 2, Amdt. 3; Dated, 1 Oct. 66 2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR S tandard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above typqis conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

R 116°, DLH VOR clockwise...... R 192°, p L H VOR...... Via 7-mile DME 3000 T-dn 300-1 300-1 200-H O-d 400-1 . 500-1 500-1 Yt R 102°, DT.H VOR Via 7-mile DME 3000 C-n 400-1)4 500-1)4 500-1JÎ S-dn-3 . 400-1 400-1 ; 400-1 7-mile DME Fix, R 192°...... DT/FT VOR (final) 2000 800-2 800-2 800-2

Procedure turn E side of crs, 192° Outbnd, 012° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 012°—2.2 miles. . ,, If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.2 miles after passing VOR, climb to 3000' on R 012 within 10 miles and return to VOR. N ote : Final approach from holding pattern at VO R not authorized. Procedure turn required. MSA within 25 miles of facility: 000°-180°—3100'; 180°-360°—2800'. City, Duluth; State, Minn.; Airport name, Duluth International; Elev., 1429'; Fac. Class., H-BVORTAC; Ident., DLH; ProcedureNo. VOR Runway 3, Amdt. 6; Eff. date, 25 Feb. 67; Sup. Arndt. No. VOR 1, Amdt. 5; Dated, 22 July 65

2000 T-dn%...... 300-1 300-1 H 200-J4 V T U VOR...... 3000 C -d n '.. 600-1 500-1 600-1)4 1500 S-dn-7 . 400-1 400-1 400-1 OAF VOR...... 3000 800-2 800-2 800-2 700 ■ B üü—— Radar available. Procedure turn S side of crs, 249° Outbnd, 069° Inbnd, 1500' within 10 miles of Stack Int. Minimum altitude over Stack Int on final approach crs, 700'. Crs and distance, Stack Int to airport, 069°—1.8 miles. If . “ i . ,^ 0 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.8 miles of Stack Int., turn right, climb via K to 1500' within 10 miles, or when directed by ATC, turn right, climb via R 249° to 1500' at Squid Int. N otes: (1) Dual VOR recei vers required or Stack Int identified by radar. (2) Pilot may expect up to 30 minutes delay during periods of high Air Defense activity. ‘Weather service 0600-2200. %Northeastbound (315° through 155°) IFR departures; climb westbound on OAF VOR R 255° to recross OAF VOR at 4000'minimum. Then via assigned route. MSA within 26 miles of facility: 000°-090°—7700'; 090°-180°—41007; 180°-270°—2400'; 270°-360°—8000'. City, Oxnard; State, Calif; Airport name, Ventura County; Elev., 43'; Fac. Class., L-VO RM; Ident., OAF; Procedure No. VOR Runway 7, Amdt. Orig.; Eft. date, 25 Feb. 67

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2373

3. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures described in § 97.15 to read: „ . VOR/DME Standard I nstrument Approach P rocedure Rfiarines headings courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical ~i*!miAss ¿therwise indicated, except visibilities which are in statute miles. . ¿ ...... anproach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, , Tc ^Tnnroaph is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches hUbe made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

8-mile DME Fix, R 018s______Direct______3000 T-dn...... 300-1 300-1 200-45 R 321°, DLH VOR clockwise...... R 018°, DLH VOR...... Via 14-mile DME . 3100 C -d...... 400-1 600-1 600-145 C-n______400-145 500-145 500-145 R 046s, DLH VOR counterclockwise...... R 018°, DLH VOR...... Via 14-mile DME 3100 S-dn-21______400-1 400-1 400-1 Arc. A-dn______800-2 800-2 800-2 14-mile DME Fix, R 018s...... 8-mile DME Fix (final)______— Direct______2700

Procedure turn N side of crs, 018° Outbnd, 198° Inbnd, 3000' between 8- and 18-mile DME Fix, R 018 . Minimum altitude over 8-mile DME Fix, R 018° on final approach crs, 2700'. Crs and distance, 8-mile DME Fix, R 018° to airport, 198°—4.9 miles. ,, _ „„„ . . „ ...... If visual contact not established upon descent to authorized landing mmimums or if landing not accomplished at 3.1-mile DME Fix, R 018 .proceed to VO R, then climb to 3000' on R 192° DLH VO R within 10 miles. . „ „ „ ___ _ MSA within 25 miles of facility: 000°-180 —3100'; 180 -360 —2800 . Citv Duluth- State Minn.; Airport name, Duluth International; Elev., 1429'; Fac. Class., H-BVORTAC; Ident., DLH; Procedure No. VOR/DME Runway 21, Arndt. 2; Ulty, Annum, oi,aie,iviuiu.,AU:poil a , date, 25 Feb. 67; Sup. Arndt. No. VOR/DME 1, Arndt. 1; Dated, 22 July 65

064s...... 2000 T-dn______300-1 300-1 200-45 C-dn...... 600-1 600-1 600-145 ö-an-9______600-1 600-1 600-1 A-dn______800-2 800-2 800-2

Radar available. Rive^^t/lhmile DME f Ll EWT R 064° to Chester Int/16-mile DME Fix, EWT R 064s, 1500'. Chester Int/16-mile DME Fix, EWT R 064° to Tinlcum Int/18-mile DME Fix, EWT R 064°, 900'. Tinlcum Int/18-mile DME Fix, EWT R 064° to Marsh Int/20.6-mile DME Fix, EWT R 064s, 614'. Crs and distance, Tinicum Int/18-mile DME Fix to airport, 064s—2.6miles. . T , _ _ „ .. .. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at Marsh Int or 20.6-mile DME Fix, climb to 700 on crs, 085 within 5 miles then make right turn climbing to 2000' and proceed direct to Woodstown VO R. Hold SW, R 211°, Inbnd crs, 031 , 1-minute left turns. MSA within 26 miles of facility: 270°-180s—2100'; 180s-270°—1600'. City, Philadelphia; State, Pa.; Airport name, Philadelphia International; Elev., 14'; Fac. Class., L-BVORTAC; Ident., EWT; Procedure No. VOR/DME Runway 9, Arndt. Orig.;Eff. date, 25 Feb. 67 4. By amending the following instrument landing system procedures prescribed in §97.17 to read: ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radiate are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles...... , , . . . . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

Duluth VOR... . T.OM ...... „ Direct______3000 T-dn$...... 300-1 300-1 200-45 R 97«° m.TTVOR ___ Via 12-mile 3100 C-d...... 400-1 600-1 500-145 DME Arc. C-n...... 400-145 600-145 500-145 R 278°, DLH VOR...... Via 12-mile 3100 S-dn-9*^...... 200-45 200-45 200-45 DME Arc. A-dn...... 600-2 600-2 600-2 12-mile DME Fix, R 278s, DLH VO R...... OM (final)______Via DLH Local­ 3000 izer.

Radar available. Procedure turn S side of final approach crs, 267s Outbnd, 087° Inbnd, 3000' within 10 miles. Minimum altitude at glide slope interception Inbnd, 3000'. Altitude of glide slope and distance to approach end of runway at OM, 2995'—5.6 miles; at MM, 1614'—0.6 mile. _ . . . . _ • TT i* visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5-6miles after passing LOM, climb to 3000 on E crs, IL8 within 10 miles. reQnu‘ed when glide slope not utilized and 40045 authorized with operative ALS except for 4-engine turbojets. 55« § 2400' authorized Runway 9. fRVR 2400'. Descent below 1629' not authorized unless approach lights are visible. City, Duluth; State, Minn.; Airport name, Duluth International; Elev., 1429'; Fac. Class., ILS; Ident., 1-DLH; Procedure No. ILS Runway 9, Arndt. 4; Eff. date, 25 Feb. 67; Sup. Arndt. No. ILS-9, Arndt. 3; Dated, 29 Jan. 66

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 No. 23—Pt. I---- 9 2374 RULES AND REGULATIONS

ILS Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

H T LOM...... Direct______2600 T-dn______800-1 300-1 200-14 HT T.OM . _ __ Direct______2600 C-dn...... 600-1 500-1 500-ÍH HT T.OM ...... Direct _ . 2600 S-dn-11#...... 400-1 400-1 400-1 " ECR VOR Direct______2600 A-dn______800-2 800-2 800-2 VBVVOH _ Naples In t______Direct______2600 HTLOM (final)...... Direct______2200

Procedure turn South side of crs, 294° Outbnd, 114° Inbnd, 2600' within 10 miles. Minimum altitude over LOM on final approach crs, 2200'. Crs and distance, LOM to airport 114°—4.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passing HT LOM, climb to2600'on SE crs of ILS to Shoals BCM. Hold SE 1-minute right turns, 294° Inbnd. Alternate missed approach: Make a right-climbing turn to 2600' on ers, 294° return to HT LOM. Hold W, 1-minute right turns, 114° Inbnd. N otes: (1) No glide slope. (2) ILS unusable from MM Inbnd. #40044 authorized, with operative high-intensity runway lights, except for 4-engine turbojets. #400-}! authorized, with operative ALS, except for 4-engine turbojets. MSA within 25 miles of facility 000°-090°—3100'; 090°-180°—2600'; 180o-270°—2400'; 270°-360°—2500'. City, Huntington; State, W. Va.; Airport name, Tri-State (Walker-Long Field); Elev., 828'; FaC. Class., ILS; Ident., I-HTS; Procedure No. ILS Runway 11, Amdt. 6; Efl. date, 26 Feb. 67; Sup. Amdt. No. ILS-11, Amdt. 5; Dated, 12 June 65

PIA VOR...... _...... -.. LOM ...... 2400 T-dn*______300-1 300-1 20044 Pekin Int______LOM ...... 2400 C-dn...... 400-1 500-1 600-1H Mora Int______T.OM Direct______2400 S-dn-30#$...... 20044 20044 200-J4 Mossville Int______Si_____ ;____ - LGM ...... 2400 A-dn______600-2 600-2 600-2 Bradley Int______LOM ...... Direct...... 2400 PIA VOR, R 048° clockwise....— . PIA VOR, R 117°...... Via 17-mile DME 2400 Arc (PIA Lead Radial) R 110. PIA VOR, R 167° counterclockwise PIA VOR, R 117°...... Via 17-mile DME 2400 Arc. 17-mile DME Fix, PIA R 117°...... LOM (final)...... Localizer crs_____ 2400

Procedure turn E side of crs, 123° Outbnd, 303° Inbnd, 2400' within 10 miles. Minimum altitude at glide slope interception Inbnd, 24007. Altitude of glide slope and distance to approach end of Runway 30 at LOM, 2332'—5.3 miles; at LMM, 883'—0.6 mile...... ,. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished climb to 1800, proceed to PIA VOR, or when directed by ATC, climb to 2400', proceed to Bradley Int. #300-% required when glide slope not utilized and 30044 authorized with operative ALS, except for 4-engine turbojets. . . *RVR 2400' authorized Runway 30. $RVR 2400'. Descent below 859' not authorized unless approach lights are visible. Citv. Peoria; State, 111.; Airport name, Greater Peoria; Elev., 659'; Fac. Class., ILS; Ident., I-PIA; Procedure No. ILS Runway 30, Amdt. 6; Eft. date, 25 Feb. 67; Sup. Amdt. No. ILS-30, Amdt. 5; Dated, 11 Dec. 65

PIA V O R ...... - ...... Norwood Int_____ 2300 T-dn ...... 800-1 300-1 2OO4 4 PIA VOR, R 167° clockwise-__.... PIA R 319°...... Via 7-mile DME 2300 C-dn...... 400-1 600-1 600-1)4 Arc. S-dn-12#...... 400-1 400-1 400-1 PIA VOR, R 048° counterclockwise PIA R 337°...... Via 7-mile DME 2300 A-dn______800-2 800-2 800-2 Arc. PIA VOR, R 337°...... PIA Localizer...... MC 210°...... 2300 DR Position PIA Localizer______Norwood Int (final) Localizer crs____ 1300 7-mile DME Fix, PIA R 319°...... Norwood Int (final) Localizer crs_____ 1300

Procedure turn S side of crs, 303° Outbnd, 123° Inbnd, 2300' within 10 miles of Norwood Int. Minimum altitude over Norwood Int on final approach crs, 1300'. Crs and distance, Norwood Int to airport, 123°—2.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.4 miles after passing Norwood Int, climb to 1800 and proceed to PIA VOR, or when directed by ATC, climb to 2400' and proceed to Bradley Int. , , . . . . . N otes: (1) Procedure approved for dual omni equipped aircraft only. (2) Final approach from holding pattern at Norwood Int not authorized, procedure turn requireu. C aution: Unlighted high tension towers, 2.4 miles NW of airport. #400-24 authorized with operative HIRL except for 4-engine turbojets; reduction below 24 not authorized. City. Peoria; State, HI.; Airport name, Greater Peoria; Elev., 659'; Fac. Class., ILS; Ident., I-PIA; Procedure No. Localizer (BC) Runway 12, Amdt. 8; Efl. date, 25 Feb. 67; Sup. Amdt. No. ILS-12, Amdt. 7; Dated, 25 June 66

Direct___ »_____ 11,000 T-dn%...... 1000-2 1000-2 1000-2 Direct______10,000 C-dn*...... 1000-2 1000-2 1000-2 Direct______10,000 A-dn...... 1500-3 1500-3 1500-3 Direct______9000 ■RNO VOR ...... Sparks RBn______Direct______9000 Direct...... 9000 Direct______10,500 Direct______9000 Direct______10,000 Warm Springs DME Fix______Sparks RBn (final)...... Direct...... 8000

Procedure turn W side of crs, 342° Outbnd, 162° Inbnd, 9000'within 10 miles. ______. Minimum altitude over SPK RBn or 11.4-mile DME Fix on final approach crs, 8000'; R 303° RNO VOR or 7.9-mile DME Fix, 6979 ; OM or 6-mile DME Fix, 6348 , jw 2.5-mile DME Fix, 5411'. Crs and distance, facility to airport MM, 162°—2.3 miles. Minimum altitude at glide slope interception Inbnd, 8000'. Altitude of glide slope and distance to approach end of runway at OM, 6348'—5.8 miles. Minimum altitude on glide slope, 6411'. Altitude of glide slope at MM, 5209'; not an IFR flight altitude. , „ » . „ -dtj« „Umhlncto If visual contact not established upon descent to authorized landing minimums, over MM/RBn/2.5-mile DME Fix, turn left, proceed direct to Sparks KJ)n cumu & 10,000'. Hold N Sparks RBn, 1-minute pattern, right turns, 162° Inbnd. . . .. ____. . -o vrr.° „wkwise N otes: (1) DME from RNO VO RTAC may be used within 25 miles at 11,000' between R 235° clockwise to R 275° and within 25 miles at 10,000' between R ¿75 wookw to R 075° to position aircraft over Warm Springs DME Fix for elimination of procedure turn. (2) No reduction in visibility authorized for local conditions. (d) ¡Jinn not be used to determine aircraft position over runway threshold or runway touchdown point. DME located at glide slope. % IFR departures must comply with published Reno SID’s, or as directed by ATC. *1000-2 required when glide slope not utilized. **After interception of localizer descend on glide slope to cross SPK RBn at 8000'. MSA within 25 miles of SPK RBn: 320°-050°—9800'; 060°-140°—9400'; 140°-230°—11,800'; 230°-320°—9800'. City, Reno; State, Nev.; Airport name, Reno Municipal; Elev.; 4411'; Fac. Class., ILS; Ident., I-RNO; Procedure No. ILS Runway 16, Amdt. 4; Efl. date, 25 Feb. 67; fip* Amdt. No. ILS 16, Amdt. 3; Dated, 1 Oct. 66

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2375

ILS Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

D irect..______10,700 T-dn%...... 1000-2 1000-2 1000-2 Direct______9700 C-dn...... 900-fr 900-2 900-2 Direct______8200 A-dn...... — 1300-3 1300-3 1300-3 Direct______7500 Direct______6900 Direct______6000 Direct______5311 Carson City DME Fix...... -...... Washoe In t______D irect..______9700

Procedure turn not authorized. Pinal approach crs, 342° Inbnd from Washoe Int. nun? Mmimrnn altitude over Washoe Int, 9700'; 12-mile DME Fix on final approach crs, 8200'; over 9-mile DME Fix, 7500'; over 7-mile DME Fix, 6900', over 4-mile DME Fix, ^ I f vlsu^contswt not established' upon descent to authorized landing minimums or if landing not accomplished at 1.5-mile DME Fix, climb straight ahead to 7000', right turn continue climb to 9000' direct ENO VOR, thence on the 039° radial within 10 miles of ENO VOR...... , VT„ «„ Notes- (11 DME should not be used to determine aircraft position over runway threshold, or runway touchdown point. DME located at glide dope. (2) No reduction in visibility authorized for local conditions. (3) DME from ENO VOBTAC may housed within 25 miles at 10,300' between E 035° clockwise to E 179° to position aircraft over Carson City DME for final approach. __ %IFB departures must comply with ENO SID s or as directed by ATC. Citv Reno- State N ev : Airport name, Eeno Municipal; Elev., 4411'; Fac. Class., ILS; Ident., I-ENO; Procedure No. Localizer (BC) Eunway 34, Amdt. 1; Efl. date, y’ ’ 25 Feb. 67; Sup. Amdt. No. ILS-34, Orig.; Dated, 21 July 66 5. By amending the following radar procedures prescribed in § 97.19 to read: E adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles...... ____. . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab­ lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are *??? (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot s discretion if it appears desirabl^o disOTminue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) c^m im irait ion on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach, (B) directed by radar controller, (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

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

Within: T-dn% 300-1 300-1 200-H 320°. 035°...... 20 miles______8200 C-dni:...... 500-1 500-1 500-1)4 035° 156°...... - 20 miles______4600 S-dn-7______500-1 500-1 500-1 156°. 270°______20 miles___,___ 2600 A-dn*...... 800-2 800-2 800-2 270° 285° ______20 miles______3300 285°...... 320°...... 20 m ile s..____ 7000

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, turn right, intercept and climb via OAFVOE, E 240° to 1500' within 10 miles, 0r when directed by ATC, (1) turn right, intercept and climb via 240° bearing from CAV BBn to 1500' withm 10 miles; (2) turn right, climb via 240 heading to 1500' within 10 miles. Note: Pilot may expect up to 30-minute delay during periods of high Air Defense activity. ’Weather Service 0600-2200. „ , . -• . %Northeastbound (315° through 155°) IF E departures; climb westbound on OAF VOE E 255 to recross OAF VOE at 4000 minimum. Then via assigned route. City, Oxnard; State, Calif; Airport name, Ventura County; Elev., 43'; Fac. Class, and Ident., Oxnard Eadar; Procedure No. 1, Amdt. Orig.; Eff. date, 25 Feb. 67 1 v Precision approach 300°... . 060° ...... -...... 10 miles______2500 T-dn...... 300-1 300-1 200-34 3500 C-dn*...... 500-1 500-1 500-1)4 8000 S-dn______200-J4 200-J4 200-)4 060°...... 200° _ ...... 20 miles______1000 A-dn______600-2 600-2 600-2 30 miles.______3000 Surveillance approach 200°.. 944° 15 miles______4100 T-dn______300-1 300-1 200-)4 265°... 300° 25 miles...... 4100 C-dn*...... 500-1 500-1 500-1)4 S-dn-28...... 400-1 400-1 400-1 S-dn-10______500-1 500-1 500-1 A-dn______800-2 800-2 800-2

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished: Eunway 10—Climb to 1700' on 103° bearing SYA BBn within 15 miles. Eunway 28—Turn left, climb to 1700' on 103° bearing SYA BBn within 16 miles. ' _ Caution: 440' obstruction, 1.1 miles n of approach end of Eunway 10 and 3307 obstruction, 1 mile N of approach end of Eunway 28. Bestncted area E 2204,1.1 miles N of Runways 10/28. ’All maneuvering to Bunways 10/28 to be conducted S of runway. City, Shemya; State, Alaska; Airport name, Shemya AFS; Elev., 95'; Fac. Class, and Ident., Shemya Eadar; Procedure No. 1, Amdt. Orig.; Efl. date, 25 Feb. 67 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601 of the Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on January 18, 1967. J a m e s P . R u d o l p h , Acting Director, Flight Standards Service. [F.R. Doc. 67-830; Filed, Feb. 2, 1967; 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2376 RULES AND REGULATIONS headquarters, Colusa, Calif., and from PART 33— SPORT FISHING Title 50— WILDLIFE AND the office of the Regional Director, Bu­ reau of Sport Fisheries and Wildlife, Cold Springs National Wildlife FISHERIES 730 NE. Pacific Street, Portland Oreg. Refuge, Oreg. 97208. Sport fishing and the taking of Chapter I— Bureau of Sport Fisheries The following special regulation is is­ frogs shall be in accordance with all ap­ sued and is effective on date of publica­ and Wildlife, Fish and Wildlife plicable State regulations, subject to the tion in the F ederal R egister. Service, Department of the Interior following special regulations: (1) The refuge is closed to sport fish­ § 33.5 Special regulations; sport fishing; PART 33— SPORT FISHING ing and the taking of frogs during the for individual wildlife refuge areas. Delevan National Wildlife Refuge, migratory waterfowl hunting season. Oregon Calif. (2) The use of boats without motors COLD SPRINGS NATIONAL W ILDLIFE REFUGE is permitted for fishing and the taking The following special regulation is is­ of frogs. Sport fishing on the Cold Springs Na­ sued and is effective, on date of publica­ The provisions of this special regula­ tional Wildlife Refuge, Oreg., is per­ tion in the F ederal R egister. tion supplement the regulations which mitted only on the area designated by § 33.5 Special regulations; sport fishing; govern fishing on wildlife refuge areas signs as open to fishing. This open area, for individual wildlife refuge areas. generally, which are set forth in Title 50, comprising 1,550 acres, is delineated on maps available at the refuge headquar­ California Code of Federal Regulations, Part 33, and are effective to January 1, 1968. ters, McNary National Wildlife Refuge, DELEVAN NATIONAL WILDLIFE REFUGE Burbank, Wash., and from the office of U rban C. N elson, the Regional Director, Bureau of Sport Sport fishing and the taking of frogs Acting Regional Director. Fisheries and Wildlife, 730 NE. Pacific on the Delevan National Wildlife Refuge, January 26, 1967. Street, Portland, Oreg. 97208. Sport Calif., is permitted only on the area des­ fishing shall be in accordance with all ignated by signs as open to fishing. This [F.R. Doc. 67-1287; Filed, Feb. 2, 1967; applicable State regulations, subject to open area, comprising 30 acres, is de­ 8:49 a.m.] the following special conditions: lineated on maps available at the refuge (1) The refuge is closed to sport fish­ headquarters, Sacramento National PART 33— SPORT FiSHING ing from September 15 to December 31, Wildlife Refuge, Route 1, Box 311, Wil­ Sacramento National Wildlife Refuge, 1967. lows, Calif., and from the office of the (2) The use of motors on boats is not Regional Director, Bureau of Sport Calif. permitted. Fisheries and Wildlife, 730 NE. Pacific The following special regulation is is­ The provisions of this special regula­ Street, Portland, Oreg. 97208. Sport sued and is effective on date of publica­ tion supplement the regulations which fishing and the taking of frogs shall be tion in the F ederal R egister. govern fishing on wildlife refuge areas in accordance with all applicable State generally, which are set forth in Title regulations, subject to the following spe­ § 33.5 Special regulations; sport fishing; 50, Code of Federal Regulations, Part 33, cial regulations: for individual wildlife refuge areas. and are effective to January 1, 1968. (1) The refuge is closed to sport fish­ California ing and the taking of frogs during the U rban C. N elson, migratory waterfowl hunting season. SACRAMENTO NATIONAL WILDLIFE REFUGE Acting Regional Director, Sport fishing and the taking of frogs Bureau of Sport Fisheries (2) The use of boats without motors and Wildlife. is permitted for fishing and the taking on the Sacramento National Wildlife Re­ of frogs. fuge, Calif., is permitted only on the area January 25,1967. The provisions of this special regula­ designated by signs as open to fishing. [F.R. Doc. 67-1289; Filed, Feb. 2, 1967; tion supplement the regulations which This open area, comprising 20 acres, is 8:49 am.] govern fishing on wildlife-refuge areas delineated on maps available at the re­ generally, which are set forth in Title 50, PART 33— SPORT FISHING Code of Federal Regulations, Part 33, fuge headquarters and from the office and are effective to January 1, 1968. of the Regional Director, Bureau of Malheur National Wildlife Refuge, Sport Fisheries and Wildlife, 730 NE. U rban C. N elson, Oreg. Acting Regional Director. Pacific Street, Portland, Oreg. 97208. The following special regulation Is is­ Sport fishing and the taking of frogs J anuary 26, 1967. sued and is effective on date of publica­ shall be in accordance with all applicable tion in the F ederal R egister. [F.R. Doc. 67-1286; Filed, Feb. 2, 1967; 8:49 a.m.] State regulations, subject to the follow­ § 33.5 Special regulations; sport fishing; ing special conditions: fo r individual wildlife refuge areas. (1) The refuge is closed to sport fish­ Oregon PART 33— SPORT FISHING ing and the taking of frogs during the MALHEUR NATIONAL WILDLIFE REFUGE Colusa National Wildlife Refuge, migratory waterfowl hunting season. Calif. (2) No car travel permitted unless au­ Sport fishing on the Malheur Na­ thorized by the officer in charge. tional Wildlife Refuge, Oreg., is permit­ The following special regulation is is­ ted only on the area designated by signs sued and is effective on date of publica­ (3) Boats are not permitted. as open to fishing. This open area, com­ tion in the F ederal R egister. The provisions of this special regula­ prising 200 acres, is delineated on maps tion supplement the regulations which § 33.5 Special regulations; sport fishing; available at the refuge headquarters and for individual wildlife refuge areas. govern fishing on wildlife refuge areas from the office of the Regional Director, generally, which are set forth in Title 50, Bureau of Sport Fisheries and Wildlife. California Code of Federal Regulations, Part 33, 730 NE. Pacific Street, Portland, Oreg. 97208. Sport fishing shall be in accord­ COLUSA NATIONAL WILDLIFE REFUGE and are effective to January 1, 1968. ance with all applicable State regula­ Sport fishing and the taking of frogs U rban C. N elson, tions, subject to the following special on the Colusa National Wildlife Refuge, Acting Regional Director. condition: ._~.r .. Calif., is permitted only on the area des­ (1) Refuge waters with the exception ignated by signs as open to fishing. This J anuary 17, 1967. of Krumbo Reservoir are closed totne open area, comprising 25 acres, is delin­ [F.R. Doc. 67-1288; Filed, Feb. 2, 1967; use of boats for fishing purposes. Tne eated on maps available at the refuge 8:49 a.m.] use of motors on boats is not permitted.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2377

The provisions of this special regula­ on the area designated by signs as open § 101.1 Purpose, function, general or­ tion supplement the regulations which to fishing. This open area, comprising ganization. govern fishing on wildlife refuge areas 400 acres, is delineated on maps avail­ * * *" * * generally, which are set forth in Title able at the refuge headquarters and (c) Organization. (1) Management 50, Code of Federal Regulations, Part 33, from the office of the Regional Director, of the Small Business Administration is and are effective to November 1, 1967. Bureau of Sport Fisheries and Wildlife, vested in an Administrator appointed 730 Northeast Pacific Street, Portland, by the President with the advice and U rban C. Nelson, Oreg. 97208. Sport fishing shall be in Acting Regional Director, Bu­ consent of the Senate. The Administra­ accordance with all applicable State tor is authorized to appoint two Associ­ reau of Sport Fisheries and regulations, subject to the following Wildlife. ate Administrators under the Small special conditions: Business Act and one Associate Admin­ J anuary 25,1967. (1) The refuge is closed to sport fishing istrator under the Small Business Invest­ [F.R. Doc 67-1290; Filed, Feb. 2, 1967; during the migratory waterfowl hunting ment Act. The Administrator is author­ 8:49 a.m.] season. ized to appoint a Deputy Administrator (2) The use of boats or floating who shall be Acting Administrator of the devices of any description is prohibited. Administration during the absence or PART 33— SPORT FISHING The provisions of this special regula­ disability of the Administrator or in the McKay Creek National Wildlife tion supplement the regulations which event of a vacancy in the Office of the Refuge, Oreg. govern fishing on wildlife refuge areas Administrator. The Administrator is generally which are set forth in Title authorized, subject to the Civil Service The following special regulation is 50, Code of Federal Regulations, Part 33, and Classification Laws, to select, employ, issued and is effective on date of pub­ and are effective to January 1, 1968. appoint, and fix the compensation of such lication in the F ederal R egister. officers, employees, attorneys, and agents U rban C. N elson, § 33.5 Special regulations; sport fishing; Acting Regional Director, Bu­ as shall be necessary to carry out the pro­ for individual wildlife refuge areas. reau of Sport Fisheries and visions of the Small Business Act and the . Wildlife. Small Business Investment Act. Oregon * * * * * MCKAY CREEK NATIONAL W ILDLIFE REFUGE J anuary 25, 1967. Effective date: January 2, 1967. [F.R. Doc. • 67-1292; Filed, Feb. 2, 1967; Sport fishing on the McKay Creek 8:49 a.m.] B ernard L. Boutin, National Wildlife Refuge, Oreg., is per­ Administrator. mitted only on the area designated by signs as open to fishing. This open area, [F.R. Doc. 67-1275; Filed, Feb. 2, 1967; comprising 660 acres, is delineated on 8:48 a.m.] maps available at the refuge headquar­ Title 13— BUSINESS CREDIT ters, McNary National Wildlife Refuge, Burbank, Wash., and from the office of AND ASSISTANCE Title 15— COMMERCE AND the Regional Director, Bureau, of Sport Chapter I— Small Business Fisheries and Wildlife, 730 Northeast Pacific Street, Portland, Oreg. 97208. Administration FOREIGN TRADE Sport fishing shall be in accordance with [Amdt. 1] Chapter if— N a tio n a l Bureau of all applicable State regulations, subject ASSOCIATE ADMINISTRATOR Standards, Department of Com­ to the following special conditions: merce (1) The refuge is closed to sport fish­ Change in Designation ing during the migratory waterfowl PART 230— STANDARD REFERENCE Sections 2 and 8 of P.L. 89-770 change hunting season. MATERIALS (2) The use of boats or floating devices the titles of the Deputy Administrators of any description is prohibited. of the Small Business Administration to Viscometer Calibrating Liquids; The provisions of this special regula­ Associate Administrators and provide for Notice of Discontinuance tion supplement the regulations which a single Deputy Administrator who shall govern fishing on wildlife refuge areas be Acting Administrator of the Admin­ Cross R eference: For a document af­ generally, which are set forth in Title 50, istration during the absence or dis­ fecting § 230.8-8, see F.R. Doc. 67-1245 Code of Federal Regulations, Part 33, ability of the Administrator or in the appearing in the notices section of this and are effective to January 1,1968. event of a vacancy in the Office of the issue under Department of Commerce, Administrator. National Bureau of Standards. U rban C. N elson, Acting Regional Director, Bu­ Chapter I of Title 13 of the Code of reau of Sport Fisheries, and Federal Regulations is hereby amended Wildlife. by substituting the words “Associate Administrator” for the words “Deputy Title 16-COMMERCIAL J anuary 25,1967. Administrator” throughout the said PRACTICES IF.R. Doc. 67-1291; Filed, Feb. 2, 1967; Chapter I. 8:49 a.m.] Effective date: January 2, 1967. Chapter I— Federal Trade Commission B ernard L. B outin, PART 33— SPORT FISHING Administrator. SUBCHAPTER C— REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS McNary National Wildlife Refuge, [F.R. Doc. 67-1276; Filed, Feb. 2, 1967; Wash. 8:48 a.m.] PART 302— RULES AND REGULA­ TIONS UNDER FLAMMABLE FAB­ ' The following special regulation is issued and is effective on date of publi­ [Amdt. 6 ] RICS ACT cation in the Federal Register. PART 101— ADMINISTRATION Miscellaneous Amendments § 33.5 Special regulations; sport fishing; Organization On July 13, 1966, a notice of proposed for individual wildlife refuge areas. rule making was issued by the Federal Washington Paragraph (c) of § 101.1 of Part 101 Trade Commission and published in the F ederal R egister MCNARY NATIONAL WILDLIFE REFUGE of Title 13 of the Code of Federal Regu­ on July 16,1966. Such lations is hereby amended by revising notice stated that the Commission pro­ on the McNary National subparagraph (1) thereof to read as posed to give consideration to amend­ wildlife Refuge, Wash., is permitted only follows: ments of § § 302.5 (Rule 5), 302.6 (Rule

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2378 RULES AND REGULATIONS 6) and 302.14 (Rule 14) of Part 302, and the products shall be subject to the Effective date. The aforesaid amend­ Rules and Regulations under the Flam­ provisions of sections 3, 6, 7, and 9 of the ments to Part 302, rules and regulations mable Fabrics Act. Such notice pro­ Act. under the Flammable Fabrics Act, shall vided that interested parties could (b) Fabrics intended or sold for usebecome effective 90 days after publica­ participate by submitting in writing to in those hats, gloves, and footwear which tion in the F ederal R egister. the Federal Trade Commission, Wash­ are excluded under the definition of ar­ (Sec. 5(c), Flammable Fabrics Act, 67 Stat ington, D.C. 20580, on or before August ticles of wearing apparel in section 2(d) 112; 15 U.S.C. 1194) 23, 1966, their views, arguments or other of the Act shall not be subject to the pro­ data, and further provided that written visions of section 3 of the Act: Provided, Issued: January 31, 1967. rebuttal could be submitted until Sep­ That an invoice or other paper covering By the Commission. tember 13, 1966. the marketing or handling of such fab­ Interested parties were afforded op­ rics is given which specifically designates [seal] J oseph W. Shea, portunity to submit their views, argu­ their intended use in such products: Secretary. ments and other data in writing for the And provided further, That with respect [F.R. Doc. 67-1279; Filed, Feb. 2, 1967; public record through August 23, 1966, to fabrics which under the provisions of 8:48 a.m.] and to submit written rebuttal through section 4 of the Act, as amended, are so September 13,1966. highly flammable as to be dangerous After due consideration of the proposed when worn by individuals, any person amendment and all pertinent informa­ marketing or handling such fabrics Title 29— LABOR tion and written material relating there­ maintains records which show the acqui­ to, the Commission has determined to sition, disposition, and intended end use Chapter V—-Wage and Hour Division, amend paragraphs (a) and (b) of § 302.6 of such fabrics, and any person manu­ Department of Labor (Rule 6)'; and paragraph (b) of § 302.14 facturing hats, gloves, or footwear con­ PART 800— EQUAL PAY FOR EQUAL (Rule 14) of Part 302, Rules and Regula­ taining such fabrics maintains records tions under the Flammable Fabrics Act. which show the acquisition, end use and WORK UNDER THE FAIR LABOR Such amendments specify circumstances disposition of such fabrics. Any person STANDARDS ACT and conditions under which certain who fails to maintain such records or to Miscellaneous Amendments products will or will not be considered furnish such invoice or other paper shall to be subject to the provisions of the be deemed to have engaged in the mar­ Pursuant to the Fair Labor Standards Flammable Fabrics, Act. The amend­ keting or handling of such products for Act of 1938 (52 Stat. 1060, as amended; ments are necessary and proper for pur­ purposes subject to the requirements-of 29 U.S.C. 201 et seq.), Reorganization poses of administration and enforcement the Act and such person and the products Plan No. 6 of 1950 (3 CFR 1949-53 Comp., of the Flammable Fabrics Act and pro­ shall be subject to the provisions of sec­ p. 1004), and General Order No. 45-A of vide for the maintenance of certain tions 3, 6, 7, and 9 of the Act. the Secretary of Labor (15 F.R. 3290), I records and make other provisions neces­ * * * * * hereby amend Part 800 of Title 29 of the sary for the protection of the purchasing Code of Federal Regulations as set forth public against the sale and use of highly (2) Paragraph (b) of § 302.14 (Rule below. flammable fabrics in violation of the Act. 14 of the rules and regulations under the The provisions of section 4 of the Ad­ The Commission is not at this time Flammable Fabrics Act is amended to ministrative Procedure Act (5 U.S.C. acting on its proposed amendment of read as follows: 553) which require notice of proposed paragraph (c) of § 302.5 (Rule 5). This § 302.14 Shipments under section 11 (c) rule making, opportunity for public par­ matter is retained for further considera­ o f the Act. . ticipation, and delay of effective date are tion. * * * * * not applicable because 29 CFR Part 800 The amendments are as follows : (b) An article of wearing apparel or consists only of interpretative rules. I (1) Paragraphs (a) and (b) of § 302.6 textile fabric shall not be deemed to fall do not believe such procedures will serve (Rule 6) of the Rules and Regulations within the provisions of section 11 (c) of a useful purpose here. Accordingly, the under the Flammable Fabrics Act are the Act as being shipped or delivered for amendment shall become effective im­ amended to read as follows: shipment in commerce for the purpose mediately. of finishing or processing to render such 1. Section 800.10 is amended to read § 302.6 Application of act to particular as follows: types of products. article of wearing apparel or textile fabric not so highly flammable under sec­ § 800.10 Coverage is not based on (a) Fabrics intended or sold for proc­ tion 4 of the Act, as amended, as to be amount of covered activity. essing into interlinings or other covered dangerous when worn by individuals, un­ or unexposed parts of articles of wearing less the shipment or delivery for ship­ The act makes no distinction as to the apparel shall not be subject to the provi­ ment in commerce of such article of percentage, volume, or amount of activi­ sions of section 3 of the Act: Provided, wearing apparel or textile fabric is made ties of either the employee or the em­ That an invoice or other paper covering direct to person engaged in the business ployer which constitute engaging in com­ the marketing or handling of such of processing or finishing textile prod­ merce or in the production of goods for fabrics is given which specifically des­ commerce. (Mabee v. White Plains Pub­ ignates their intended end use: And pro­ ucts for the prearranged purpose of hav­ lishing Co., 327 U.S. 128; United States v. vided further, That with respect to ing such article of apparel or textile fab­ Darby, 31* U.S. 100. ) As explained more fabrics which under the provisions of ric processed or finished to render it not fully in Part 776 of this chapter, the law section 4 of the Act,, as amended, are so so highly flammable under section 4 of is settled that every employee whose ac­ highly flammable as to be dangerous the Act, as amended, as to be danger­ tivities in commerce or in the production when worn by individuals, any person ous when worn by individuals, and any of goods for commerce, even though marketing or handling such fabrics person shipping or delivering for ship­ small in amount, are regular and re­ maintains records which show the ment the article of wearing apparel or curring, is considered “engaged in com­ acquisition, disposition and intended end fabric in commerce for such purpose merce or in the production of goods for use of such fabrics, and any person man­ maintains records which establish (1) commerce”. Also, under the definition ufacturing articles of wearing apparel that the textile fabric or article of wear­ in section 3 (s) of the act, an enterprise containing such fabrics maintains rec­ ing apparel has been shipped for appro­ described in any of the four numbered ords which show the acquisition, and use priate flammability treatment, and (2) clauses of the subsection is an enterprise and disposition of such fabrics. Any that such treatment has been completed, “engaged in commerce or in the produc­ person who fails to maintain such rec­ tion of goods for commerce” if. in i» ords or to furnish such invoice or other as well as records to show the disposi­ activities, some employees are so engaged, paper shall be deemed to have engaged tion of such textile fabric or article of “including employees handling, selling, in the marketing or handling of such wearing apparel subsequent to the com­ or otherwise working on goods that have products for purposes subject to the re­ pletion of such treatment. been moved in or produced for commerce quirements of the Act and such person * * ♦ * * by any person”. .

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2379 2. Section 800.12 Is amended to read the employer to comply with the equal 14877; H. Rept. No. 1453, 81st Cong., 1st as follows: pay requirements must be determined sess., p. 25). Each physically separate § 800.12 Exemptions from section 6 separately with reference to those of place of business is ordinarily considered provided by section 13. his employees who are employed in that a separate establishment. For example, particular establishment. Accordingly, where a manufacturer operates at sep­ The equal pay provisions do not apply where there are a number of distinct arate locations a plant for production of to employees exempted from the provi­ physical places of business in which an its goods, a warehouse for storage and sions of section 6 under any provision of employer’s employees are employed, distribution, several stores from which its section 13(a) of the act. The following compliance with the equal pay provisions products are sold, and a central office for employees are among those excluded if must be tested within each establish­ the enterprise, each physically separate their employment fully satisfies all the ment by comparing the jobs in which place of business is a separate establish­ statutory conditions for exemption: employees are employed in that estab­ ment. Under certain circumstances, Bona fide executive, administrative, and lishment and the wages paid for work on however, two or more portions of a busi­ professional employees, including aca­ such jobs when performed by employees ness enterprise, even though located on demic administrative personnel and of opposite sexes. the same premises and under the same teachers in elementary and secondary roof, may constitute more than one schools, and outside salesmen, as defined 4. Section 800.107 is amended to read as follows: establishment. This would ordinarily be in regulations (see Part 541 of this chap­ the case only if these portions of the en­ ter) ; employees of certain retail or serv­ § 800.107 “Employer”, “employee”, terprise are both physically segregated ice establishments (see Part 779 of this “employ” defined. and engaged in operations which are chapter) ; employees of certain amuse­ The Act provides its own definitions of functionally separated from each other ment or recreational establishments (see “employer”, “employee”, and “employ”, and which have separate employees and Act, sec. 13(a) (3) ) ; employees of certain under which “economic reality” rather maintain separate records. The appli­ small newspapers (see Act, sec. 13(a) than “technical concepts” determines cation of these principles is illustrated (8) ) ; employees of motion picture thea­ whether there is employment subject to further and in more detail by the dis­ ters (see Act, sec. 13(a)(9)); switch­ its terms (Goldberg v. Whitaker House cussion in Part 779 of this chapter of the board operators of independent tele­ term “establishment”. phone companies which have fewer than Cooperative, 366 U.S. 28; United States 750 stations (see Act, sec. 13(a) (10)); v. Silk, 331 U.S. 704; Rutherford Pood 6. Section 800.110 is amended to read employees on small farms and certain Corp. v. McComb, 331 U.S. 722). An as follows: hand harvest workers paid piece rates “employer”, as defined in section 3(d) of (see Part 780 of this chapter). the Act, “includes any person acting di­ § 800.110 Meaning of “wages”. rectly or indirectly in the interest of an The term “wages” used in section 3. Section 800.104 is amended to read employer in relation to an employee but 6(d) (1) of the Act is considered to have as follows: shall not include the United States or the same meaning it has elsewhere in the any State or political subdivision of a § 800.104 Application to employees. Act. As a general rule, in determining State (except with respect to employees compliance with the equal pay provisions, As has been seen, there must be com­ of a State, or a political subdivision the wages paid by the employer will be pliance by the employer with the equal thereof, employed (a) in a hospital, in­ calculated pursuant to the same prin­ pay requirements within any establish­ stitution, or school referred to in the ciples and procedures as have tradition­ ment in which employees subject to the last sentence of subsection (r) of this ally been followed in calculating such Act’s minimum wage provisions are em­ section, or (b) in the operation of a rail­ wages for purposes of determining com­ ployed by him. The Act’s concern with way or carrier referred to in such sen­ pliance with the minimum wage provi­ wage discrimination by an employer on tence) or any labor organization (other sions of the Act. Wages paid to an em­ account of sex to the detriment of his than when acting as an employer), or ployee generally include all payments employees who are subject to the mini­ anyone acting in the capacity of officer made to or on behalf of the employee as mum wage provisions is not limited or agent of such labor organization”. remuneration for employment. The either by its language or by its legisla­ An “employee” as defined in section 3(e) provisions of section 7 (e) of the Act un­ tive history to those employees whose of the Act “includes any individual em­ der which some such payments may be work is performed on the premises of ployed by an employer” and “employ”, excluded in computing an employee’s their employer’s establishment. The as used in the Act, is defined in section “regular rate” of pay for purposes of Act speaks of the employment of em­ 3(g) to include “to suffer or permit to section 7 do not authorize the exclusion ployees in the establishment rather than work”. It should be noted, as explained of any such remuneration from the of their engagement in work there. Also, in the interpretative bulletin on joint “wages” of an employee in applying sec­ the legislative history of the Equal Pay employment, Part 791 of this chapter, tion 6(d) of the Act. Thus, vacation and Act makes it clear that coverage under that in appropriate circumstances two holiday pay, and premium payments for the equal pay provisions is equal to that or more employers may be jointly re­ work on Saturdays, Sundays, holidays, provided by the other provisions of sec­ sponsible for compliance with the statu­ regular days of rest, or other days or tion 6 of the Pair Labor Standards Act, tory requirements applicable to employ­ hours in excess or outside of the em­ and that those employers and employees ment of a particular employee. ployee’s regular days or hours of work, who are subject to the minimum wage 5. Section 800.108 is amended to read are remuneration for employment and provisions will be subject to the new pro- as follows: ™*ons on equal pay. (See S. Rept. No. therefore wage payments that must be 176, 88th Cong., 1st sess., p. 2; H. Rept.. § 800.108 Meaning of “establishment”. considered in applying the equal pay No. 309, 88th Cong., 1st sess., p. 2.) Con­ Although not expressly defined in the provisions of the Act, even though not gress clearly rejected the concept that Act, the term “establishment” has a well a part of the employee’s “regular rate”. the equal pay provisions apply only to settled meaning in the application of the On the other hand, payments made by wmk performed inside a physical estab- Act’s provisions. It refers to a “distinct usnment. Otherwise, those employees, an employer to an employee which do not physical place of business” rather than constitute remuneration for employment subject to section 6 of the Act, would be to “an entire business or enterprise” incongruously deprived of equal pay pro- which may include several separate are not “wages” to be compared for ection simply because their work is per­ places of business. This is consistent equal pay purposes under section 6(d) of ni1«!^ away from the physical premises with the meaning of the term as it is the Act. Examples are payments related oi tne establishment in which they are normally used in business and in govern­ to maternity, and such reasonable pay­ ft. ®n ®ther hand, it is clear ment, is judicially settled, and has been irom the language of the Act that in each ments for reimbursable expenses of trav­ recognized in the Congress in the course eling on the employer’s business as are pmwi pllysical Place of business where of enactment of amendatory legislation uyî es °* an employer work (includ- (Phillips v. Walling, 324 U.S. 490; discussed in § 778.217 of this chapter. n_f’ ~ut not limited to, the employer’s Mitchell v. Bekins Van & Storage Co., 7. Section 800.112 is amended to read establishments), the obligaton of 352 U.S. 1027; 95 Cong. Rec. 12505, 12579, as follows:

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2380 RULES AND REGULATIONS

§ 800.112 Cost or value of non-cash the wages compared for equal pay pur­ the National War Labor Board which items as included in wages. poses does not depend on whether they found such systems inherently discrimi­ The reasonable cost or fair value of can be counted as a part of the wage natory and explained that it is not con­ certain perquisites, as provided in sec­ rate per hour required under section 6 as sistent with the principle of equal pay tion 3(m) of the Act and Part 531 of this a minimum wage or whether they con­ for equal work to designate certain jobs chapter is, by definition, a part of the stitute part of the regular rate of pay as “female jobs” and other jobs as “male wage paid to an employee for purposes under section 7. In accordance with the jobs” and on that ground alone establish of the Act. Section 3(m ), in part, pro­ foregoing principles, the wages to be con­ rate differentials against the former and vides that the wage paid to any employee sidered in determining compliance with in favor of the latter. The Board held includes “the reasonable cost, as deter­ the equal pay provisions include, in ad­ that the equal pay principle requires that mined by the Secretary of Labor, to the dition to such payments as hourly and proper rates be set for all jobs, based employer of furnishing- such employee daily wages, sums paid as weekly, upon a fair objective evaluation of duties with board, lodging, or other facilities, monthly, or annual salaries; wages meas­ and functions, irrespective of the sex of if such board, lodging, or other facilities ured by pieces produced or tasks per­ the workers assigned to them (General are customarily furnished by such em­ formed; commissions, bonuses or other Electric Co. and Westinghouse Electric ployer to his employees”. As an excep­ payments measured by production, Corp., Case No. 111-17208-D and ill— tion to this rule, section 3(m) provides efficiency, attendance, or other job-re­ 17209-D, Dec. 12, 1945). the cost of board, lodging, or other fa­ lated factors, or agreed to be paid under (b) Section 6(d) (1) prohibits discrim­ cilities shall not be included as a part of the employment contract; standby and ination on the basis of sex in the pay­ the wage paid to any employee to the on-call pay; and extra payments made ment of wages to employees “for equal extent it is excluded therefrom under for hazardous, disagreeable, or incon­ work on jobs” which are equal under the the terms of a bona fide collective-bar­ venient working conditions. These are standards which it provides (emphasis gaining agreement applicable to the par­ illustrative, although not exhaustive, of supplied). (See the.discussion in § 800.- ticular employee. A further provision of the types of payments included, when 119 et seq.) The legislative history of section 3 (m) authorizes the Secretary “to part of the remuneration for emjiloy- the Equal Pay Act expressly refers to the determine the fair value of such board, ment, in the wages to be compared where War Labor Board experience as furnish­ lodging, or other facilities for defined employees of opposite sexes are employed ing a guide for testing “the relationship classes of employees and in defined areas, in jobs subject to the equal pay stand­ between jobs” and determining “equal based on average cost to the employer or ard. On the other hand, the “wages” work” and “equal skills” for purposes of to groups of employers similarly situated, which are compared for equal pay pur­ a “practical” administration and appli­ or average value to groups of employees, poses do not include bona fide gifts or cation of the Act’s “equal pay policy” or other appropriate measures of fair payments in the nature of gifts which (see, e.g. S. Rept. 176, 88th Cong. 1st value.” The statute directs that such would be excluded from the employee’s sess., to accompany S. 1409; H. Rept. 309, evaluations, “where applicable and per­ regular rate under section 7(e) (1) of the 88th Cong. 1st sess., to accompany H.R. tinent, shall be used in lieu of actual Act and § 778.212 of this chapter. Like­ 6060). Some of the earliest cases con­ measure of cost in determining the wage wise, sums paid as discretionary bonuses fronting the War Labor Board on the ap­ paid to any employee”. As explained in are hot considered wages for equal pay plication of the “equal pay for equal Part 531 of this chapter, it is the above purposes if such payments meet the re­ work” principle involved situations in provision of the Act which governs the quirements of section 7(e) (3) (a) of the which women were being hired to replace payment, otherwise than in cash, of Act and § 778.211 of this chapter. Study men as a result of the manpower short­ wages which the Act requires. Regula­ is still being given to some categories of ages. The Board consistently ruled that tions under which the reasonable cost or payments made in connection with em­ the principle applied to these situations, fair value of such facilities furnished may ployment subject to the Act, to deter­ as well as to situations where male and be computed for inclusion as part of the mine whether and to what extent such female employees performed the same wages required by the Act are also con­ payments are remuneration for employ­ work concurrently and interchangeably, tained in Part 531 of this chapter. ment that must be counted as part of and therefore that women assigned “to wages for equal pay purposes. These take the place of men” to perform sub­ 8. Section 800.113 is amended to readcategories of payments include sums paid stantially the same jobs “formerly per­ as follows: in recognition of services performed formed by men” were entitled to the same § 800.113 Particular types of payments during a given period pursuant to a bona rate of pay as the men whom they re­ as wages. fide profit-sharing plan or trust meet­ placed. Rotary Cut Box Shook Indus­ ing the requirements of Part 549 of this try, 12 W1.B. Rept. 605, 606, 608; Gen­ In addition to the examples referred to chapter or pursuant to a bona fide thrift eral Electric Co., and Westinghouse Elec­ in §§ 800.110 through 800.112, some fur­ or savings plan meeting the requirements tric Co., supra, at pp. 668-669, 677, 686. ther illustrations of the types of pay­ of Part 547 of this chapter, and contri­ (c) That the Equal Pay Act was in­ ments that must be considered in com­ butions irrevocably made by an employer tended to encompass situations of this puting wages and wage rates for purposes to a trustee or third person pursuant to a kind is confirmed by the declared pur­ of the equal pay provisions may be help­ bona fide plan for providing old-age, poses and terms of the Act as well as by ful. The Act requires comparison of the retirement, life, accident, or health in­ the legislative history. The statute is wage rates paid for “work on jobs”, surance or similar benefits for employees. intended to eliminate sex as a basis which makes relevant all remuneration (See §§ 778.214 and 778.215 of this for wage differentials between employ­ for employment and not just that por­ chapter.) ees performing equal work on jobs tion which constitutes compensation for within the establishment, and if the particular hours of employment or par­ 9. Section 800.114 is amended to readrates paid for the same jobs are lower ticular work done. Clearly this in­ as follows: when occupants of the jobs are of cludes all payments that may be counted one sex than they are when the jobs as part of the minimum wage rate per § 800.114 “Male jobs” and “female jobs” generally. are filled by employees of the oppo­ hour required under section 6 of the Act, site sex, such discrimination within all payments that are part of the em­ (a-) Wage classification systems which the establishment is equally in violation ployee’s regular rate under section 7 of designate certain jobs as “male jobs” of the statutory prohibition whether or the Act, and all overtime premiums. It and other jobs as “female' jobs” fre­ not employees of both sexes are employed includes in addition, however, other pay­ quently specify markedly lower rates for in such jobs at the same time. Accord­ ments (such as the holiday and vacation the “female jobs”. Because such a prac­ ingly, where an employee of one sex is tice frequently indicates a pay practice hired or assigned to a particular job to pay previously mentioned in § 800.110) of discrimination based on sex, where replace an employee of the opposite sex, for the employee’s work on the job as a such systems exist a serious question comparison of the newly assigned em­ whole which may have no direct relation would be raised as to whether prohibited ployee’s wage rate with that of the re­ to particular hours or weeks of work; wage differentials are involved. This placed former employee is required io and the inclusion of such payments in position is consistent with that taken by purposes of section 6(d) (1), whether o

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2381 not the job is performed concurrently by sexes, the employer’s obligation to pay back pay, as liquidated damages, plus employees of both sexes. For example, if the higher rate for the job cannot be attorney’s fees and court costs. The em­ a particular job which in the past has avoided or evaded by the device of con­ ployee may not bring suit if he has been been performed by a male employee be­ fining the job to members of the lower paid back wages under supervision of comes vacant and is then filled by a fe­ paid sex. Compliance with the Act in the Administrator, or if the Secretary male employee, it would be contrary to such circumstances can be achieved only has filed suit to collect the wages. The the equal pay requirement to pay the fe­ by increasing the wage rate to the higher Secretary may also obtain a court injunc­ male employee a lower wage rate than rate paid for the job when performed by was paid for the same job when per­ employees of the opposite sex. tion to restrain any person from violating formed by the male employee, even 10. Paragraph (b) of 29 CFR 800.166the law, including the unlawful with­ though employees of both sexes may not is amended to read as follows: holding by an employer of proper com­ be performing the job at the same time. pensation. A 2-year statute of limita­ Payment of the lower wage rate in such § 800.166 Recovery of wages due; in­ tions applies to the recovery of unpaid junctions; penalties for willful vio­ circumstances is a prohibited wage dif­ lations. wages,* except that an action on a cause ferential. The same principle is involved * * * * ' * of action arising out of a willful viola­ if all employees of one sex are removed (b) The following methods are pro­ tion may be commenced within 3 years from a particular job (by transfer or vided under sections 16 and 17 of the after the cause of action accrued. discharge) so as to retain employees of Act for recovery of unpaid wages: The ***** only one sex in a job previously per­ Administrator of the Wage and Hour and (77 Stat. 56) formed interchangeably or concurrently Public Contracts Divisions may super­ Signed at Washington, D.C., this 27th by employees of both sexes. If a pro­ vise payment of the back wages and, in certain circumstances, the Secretary of day of January 1967. hibited sex-based wage differential had Labor may bring suit for back pay upon Clarence T. Lundquist, been established or maintained in vio­ the written request of the employee. Administrator. lation of the Act when the same job was The employee may sue for back pay and [F.R. Doc. 67-1271; Filed, Feb. 2, 1967; being performed by employees of both an additional sum, up to the amount of 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 No. 23—Pt. I- 2382

Proposed Rule Making

Hearing Clerk during regular business Proposed by Foremost Dairies, Inc.: DEPARTMENT OF AGRICULTURE hours (7 CFR 1.27(b) ). Proposal No. 2. Revise § 1128.50 to Consumer and Marketing Service Signed at Washington, D.C., on Feb­ read as follows: 17 CFR Part 1049 1 ruary 1, 1967. § 1128.50 .Class I m ilk. Clarence H. Girard, Subject to the provisions of §§ 1128.52 MILK IN INDIANAPOLIS, IND., Deputy Administrator, and 1128.53, the minimum price per hun­ MARKETING AREA Regulatory Programs. dredweight to be paid by each handler for milk received at his plant from pro­ Notice of Proposed Suspension of [F.R. Doc. 67-1384; Filed, Feb. 2, 1967; 9:19 a,.m.] ducers and classified as Class I milk shall Certain Provisions of Order be the price for Class I milk established Notice is hereby given that, pursuant under Part 1126 of this chapter regulat­ to the provisions of the Agricultural I 7 CFR Part 1128 1 ing the handling of milk in the North Marketing Agreement Act of 1937, as [Docket No. AO 238-A20] Texas marketing area, plus 10 cents. amended (7 U.S.C. 601 et seq.), the Proposed by the Dairy Division, Con­ suspension of certain provisions of the MILK IN CENTRAL WEST TEXAS sumer and Marketing Service: order regulating the handling of milk in MARKETING AREA Proposal No. 3. Make such changes the Indianapolis, Ind., marketing area is as may be necessary to make the entire being considered for the period of Janu­ Notice of H earin g on Proposed marketing agreement and the order con­ ary 26-31, 1967. Amendments to Tentative Market­ form with any amendments thereto that The provisions proposed to be sus­ ing Agreement and Order may result from this hearing. Copies of this notice of hearing and pended are as follows: Pursuant to the provisions of the Ag­ 1. In § 1049.44(c) the phrases “As the order may be procured from the Mar­ ricultural Marketing Agreement Act of ket Administrator, Byford W. Bain, Post Class I milk”; “located more than 300 1937, as amended (7 U.S.C. 601 et seq.), miles by the shortest highway distance Office Box 35225, Airlawn Station, Dallas, and the applicable rules of practice and Tex. 75235, or from the Hearing Clerk, as determined by the market administra­ procedure governing the formulation of tor, from Monument Circle in Indianapo­ Room 112-A, Administration Building, marketing agreements and marketing U.S. Department; of Agriculture, Wash­ lis, Ind.”; “except that”; and “so trans­ orders (7 CFR Part 900), notice is hereby ferred.” ington, D.C. 20250 or may be there in­ given of a public hearing to be held in spected. 2. In § 1049.44(d) the phrase: “Lo­ the Starlite Motor Hotel, 3425 South First cated not more than 300 miles, by the Street, Abilene, Tex., beginning at 9:30 Signed at Washington, D.C., on Jan­ shortest highway distance as determined a.m., local time, on February 9,1967, with uary 31, 1967. by the market administrator from Monu­ respect to proposed amendments to the Clarence H. Girard, ment Circle in Indianapolis, Ind.” tentative marketing agreement and to Deputy Administrator, A. A producer association states that, the order regulating the handling of Regulatory Programs. because of the recent severe snow condi­ milk in the Central West Texas market­ [F.R. Doc. 67-1267; Filed, Feb. 2, 1967; tion in Illinois and southern Wisconsin, ing area. 8:47 a.m.J it and others have found it necessary to The public hearing is for the purpose divert approximately 600,000 pounds of of receiving evidence with respect to the of producer milk for the Indianapolis economic and marketing conditions market to manufacturing plants in Wis­ which relate to the proposed amend­ consin because the milk could not reach ments, hereinafter set forth, and any FEDERAL AVIATION AGENCY its customary market outlets. appropriate modifications thereof, to the [ 14 CFR Part 39 1 B. Suspension action is requested for -tentative marketing agreement and to [Docket No. 1997] the period January 26-31, 1967, the pe­ the order. riod of such diversion. The effect of the Evidence also will be received at the AIRWORTHINESS DIRECTIVES suspension would permit a Class II classi­ hearing on (1) whether there is need for fication of such milk in lieu of the Class emergency action and omission of a rec­ Dart 525 Through 529, 531 and I classification the order normally re­ ommended decision on the issues and/or 532—7 Series Engines, With Rolls quires on milk moved to locations beyond (2) whether such critical conditions exist Royce Modification 529 (Part 2) 300 miles from Indianapolis. under Proposal No. 1 as to warrant sus­ Bearing in Rear Position C. The proponent association makes pension action pending issuance of a de­ Amendment 629 (28 F.R. 10868), AD the request for suspension for the purpose cision. The proposals also raise the issue 63-21-7, requires inspection of the oil of relieving the financial hardship which of the appropriate Class I prices and lo­ filters, and repair, if necessary, of the it claims would result from usual appli­ cation adjustments applied at other rear bearing on Dart 525 through 529 cation of order provisions to diverted points in the area on which evidence will Series engines, with Rolls Royce Modi­ milk. be received at the hearing. fication 529 (Part 2), bearing in the rear All persons who desire to submit writ­ The proposed amendments, set forth position. After issuing Amendment 629, ten data, views, or arguments in connec­ below, have not received the approval of due to changes in the Rolls Royce refer­ tion with the proposed suspension should the Secretary of Agriculture. ence document applicable to these en­ file the same with the Hearing Clerk, Proposed by The Borden Company, gines, the Agency is now considering Room 112-A, Administration Building, Southern Division and Central West superseding Amendment 629. The new U.S. Department of Agriculture, Wash­ Texas Producers Association: AD would require inspection and repair, ington, D.C. 20250, not later than 3 days Proposal No. 1. Revise §§ 1128.53(a) and would apply to Dart 531 and 532-7 from the date of publication of this notice and 1128.91(a)(1) to eliminate the 15- Series engines in addition to Dart 525 in the F ederal R egister. All documents cent per hundredweight location adjust­ through 529 Series engines with Rolls filed should be in quadruplicate. ment in the Class I price and uniform Royce Modification 529 (Part 2). In All written submissions made pursuant price for milk received from producers at addition, the new repair for defective to this notice will be made available for an approved plant located within 70 miles rear bearings would be incorporated. No public inspection at the office of the of Midland, Tex. other changes are considered. <-

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 PROPOSED RULE MAKING 2383 Interested persons are Invited to par­ [ 14 CFR Part 71 1 Bangor VORTAC 135° radial, extending from ticipate in the making of the proposed the 5-mile radius zone to 12 miles SE of the rule by submitting such written data, [Airspace Docket No. 66-EA-89] VORTAC; within 2 miles each side of the views, or arguments as they may desire. CONTROL ZONE AND TRANSITION Bangor ILS localizer SE course extending Communications should identify the from the 5-mile radius zone to 8 miles SE AREA of the OM; and within 2 miles each side of the docket number and be submitted in du­ Bangor VORTAC 053° radial extending plicate to the Federal Aviation Agency, Proposed Alteration from the VORTAC to the Old Town, Maine Office of the General Counsel, Atten­ The Federal Aviation Agency is con­ control zone. tion: Rules Docket, 800 Independence 2. Amend § 71.181 of Part 71 of the Avenue SW., Washington, D.C. 20553. All sidering amending §§ 71.171 and 71.181 of Part 71 of the Federal Aviation Regu­ Federal Aviation Regulations so as to de­ communications received on or before lete the description of the Bangor, March 6, 1967, will be considered by the lations so as to alter the Dow Air Force Base, Bangor, Maine control zone and Maine 700-foot floor transition area in its Administrator before taking action upon entirety and substitute the following: the proposed rule. The proposals con­ transition area. tained in this notice may be changed in The current Bangor, Maine control B angor, Maine the light of comments received. All com­ zone and 700-foot floor transition area That airspace extending upward from 700 ments will be available, both before and were predicated in part on KC-97 air­ feet above the surface within a 7-mile radius after the closing date for comments, in craft operations at Dow AFB. The arc of the center (44°48'20" N., 68°49'32" the Rules Docket for examination by in­ KC-97 aircraft have since been replaced W.), of the Dow AFB, Bangor, Maine, extend­ terested persons. by KC-135 aircraft. Therefore, because ing clockwise from 245° to 093°; within a of this and other procedural changes, it 12-mile radius arc of Dow AFB extending This amendment is proposed under will be necessary to alter the existing clockwise from 093° to 245°; within 2 miles the authority of sections 313(a), 601, and Bangor, Maine control zone and transi­ each side of the Bangor VORTAC 318° radial 603 of the Federal Aviation Act of 1958 tion area. extending from the VORTAC to 12 miles NW (49 U.S.C. 1354(a), 1421, 1423). of the VORTAC; within 5 miles E and 8 miles Interested persons may submit such W of the Bangor ILS localizer SE course ex­ In consideration of the foregoing, it is written data or views as they may desire. tending from the OM to 12 miles SE of the proposed to amend § 39.13 of Part 39 of Communications should be submitted in OM; within a 4-mile radius area of the cen­ the Federal Aviation Regulations by add­ triplicate to the Director, Eastern Re­ ter (44°57'10" N„ 68°40'15'' W.), of Old Town ing the following new airworthiness gion, Attn: Chief, Air Traffic Division, Municipal Airport, Old Town, Maine, and directive: within 2 miles each side of the Bangor VOR­ Federal Aviation Agency, Federal Build­ TAC 053° radial extending from the Old Town Rolls R oyce. Applies to all Dart Series 525, ing, John F. Kennedy International Municipal Airport 4-mile radius area to the 526, 527, 528, 529, 531, and 532-7 Series Airport, Jamaica, N.Y. 11430. All com­ VORTAC. engines with Rolls Royce Modification munications received within 30 days after 529 (Part 2) hearing in the rear posi­ publication in the F ederal Register will This amendment is proposed under tion. : be considered before action is taken on section 307(a) of the Federal Aviation Compliance required as indicated. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). (a) Inspect the oil filter on all Dart 525, the proposed amendment. No hearing is 526, 527, 528, 529, 531, and 532-7 Series en­ contemplated at this time, but arrange­ Issued in Jamaica, N.Y., on January gines modified in accordance with Rolls ments may be made for informal confer­ 16,1967. ^ Royce Modification 529 Part 2 Standard at ences with Federal Aviation Agency W ayne Hendershot, the following times : officials by contacting the Chief, Airspace Deputy Director, Eastern Region. (1) Within 25 hours’ time in service after and Standards Branch, Eastern Region. the effective date of this AD, unless already [F.R. Doc. 67-1250; Filed, Feb. 2, 1967; accomplished within the last 25 hours, and Any data or views presented during 8:46 a.m.] thereafter at intervals not exceeding 50 hours’ such conferences must also be submitted time in service from the last inspection; and in writing in accordance with this notice (2) Before further flight, when an in­ in order to become part of the record for crease in oil consumption or a drop in oil consideration. The proposal contained pressure is reported. in this notice may be changed in the light FEDERAL COMMUNICATIONS (b) 'If metal particles are-found in the of comments received. filters, remove the engine from service and The official docket will be available COMMISSION further inspect to determine whether re­ for examination by interested persons at E 47 CFR Part 21 ] pairs are required. the Office of Regional Counsel, Federal (c) If the inspection in paragraph (b) in­ Aviation Agency, Federal Building, Johfl [Docket No. 17023; FCC 66-1086] dicates that repairs are required, modify the rear bearing in accordance with Rolls Royce F. Kennedy International Airport, DOMESTIC PUBLIC RADIO SERVICES Dart Service Bulletin No. Da. 72-232, by im­ Jamaica, N.Y. OTHER THAN MARITIME MOBILE plementing any of the following modifica­ The Federal Aviation Agency, having tions as applicable— completed a review of the airspace Notice of Proposed Rule Making; (1) Mod. 1023, Mod. 1030 and DRS 411; requirements for the terminal area of Correction (2) Mod. 1106 or Mod. 1109; or Bangor, Maine, proposes the airspace (3) Mod. 1167. action hereinafter set forth: In the matter of amendments of Sub- (d) Upon request of the operator, an FAA parts C, G, H and I of Part 21 of the maintenance inspector, subject to prior ap­ 1. Amend § 71.171 of Part 71 of the Commission’s rules to reduce the sepa­ proval of the Chief, Aircraft Certification Federal Aviation Regulations so as to ration between assignable frequencies in otaff, Europe, Africa and Middle East Region, delete the description of the Bangor, the 450-470 Mc/s band for Domestic may adjust the repetitive inspection intervals Maine control zone in its entirety and Public Radio Services (other than Mari­ specified in this AD to permit Compliance at substitute the following: an established inspection period of the op- time Mobile) ; Docket No. 17023. erator if the request contains substantiating B angor, Maine In the notice of proposed rule making nata to justify the increase for such operator. Within a 5 mile radius of the center in this proceeding released December 2, would supersede Amendment 629 (44°48'20'' N., 68°49'32" W.) of Dow AFB, 1966 (FCC 66-1086) and published in the (28 F.R. 10868), AD 63-21-7. Bangor, Maine excluding the portion within F ederal R egister on December 10, 1966 a 1-mile radius of the center (44°49'15" N., (31 F.R. 15600), the following changes Issued in Washington, D.C., on Jan­ 68°43'00" W.) of the Down East Seaplane should be made: uary 27,1967. Base, -Brewer, Maine; within 2 miles each • -n side of the Bangor VORTAC 318° radial, ex­ 1. Footnote 1 to § 21.604(a) in para­ James F. R udolph, tending from the 5-mile radius zone to 7 graph 6 should also apply to type F3 Acting Director, miles NW of the VORTAC; within 2 miles emission for 20 kc/s authorized band­ each side of the extended centerline of Run­ width and 5 kc/s deviation. Flight Standards Service. way 33 extending from the 5-mile radius [F,R. Doc. 67-1249; Filed, Feb. 2, 1967; zone to 4.5 miles NW of the lift-off end of the 2. In paragraph 9, the authorized 8:46 a.m.] runway; within 2 miles each side of the bandwidth for type F2 emission in the 50-150 Mc/s and 150-500 Mc/s bands

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2384 PROPOSED RULE MAKING should be 3 kc/s in lieu of 15 kc/s shown with equal force to the recording of tele­ (c) That the characteristics of the in § 21.703(e). phone conversations by the telephone warning tone shall be the same as those Released: January 31, 1967. companies when they are the called or specified in the Orders of this Commis­ calling party to a telephone conversation. sion adopted by it “In Use of Recording F ederal Communications It appears, therefore, that the same rules Devices in Connection With Telephone Commission, and practices that are applicable ta the Service,” Docket 6787; 11 F.C.C. 1033 [ seal 1 B en F. Waple, general public in their use of recording (1947); 12 FiC.C. 1005 (Nov. 26, 1947)- Secretary. devices should apply equally to the tele­ 12 F.C.C. 1008 (May 20,1948). [F.R. Doc. 67-1296; Füed, Feb. 2, 1967; phone companies. (d) That no recording device shall be 8:49 a.m.] 7. In view of the foregoing, it is pro­ used unless it can be physically connected posed to amend Part 64 of the rule as set to and disconnected from the telephone forth below. line or switched on and off. [ 47 CFR Part 64 ] 8. This notice of proposed rule making [F.R. Doc. 67-1297; Filed, Feb. 2, 1967; [Docket No. 17152; PCC 67-127] is issued under authority of sections 4(i), 201(b), and 202(a) of the Communica­ 8:50 a.m.] USE OF RECORDING DEVICES BY tions Act of 1934, as amended, and in TELEPHONE COMPANIES implementation of section 605 of said [ 47 CFR Part 73 1 act. Notice of Proposed Rule Making [Docket No. 17145; FCC 67-114] 9. Pursuant to applicable procedures 1. Notice is hereby given of proposed set forth in § 1.415 of the Commission’s STATION IDENTIFICATION rule making in the above-entitled matter. rules, interested persons may file com­ REQUIREMENTS 2. The Commission proposes in this ments on or before March 21, 1967, and rule making to prohibit any telephone reply comments on or before April 10, Notice of Proposed Rule Making company, subject to its jurisdiction, from 1967. All relevant and timely comments 1. Notice of proposed rule making is using any recording'devices to record in­ and reply comments will be considered hereby given in the above-entitled terstate or foreign telephone conversa­ by the Commission before a final action matter. ’ is taken in this proceeding. In reaching tions between members of the public, on 2. The Commission’s present rules re­ the one hand, and officers, agents, or its decision in this proceeding, the Com­ garding station identification (§§ 73.117, employees of the telephone companies, mission may also take into account other on the other hand, without the use of relevant information before it, in addi­ 73.287, and 73.652) were adopted in order the “beep” tone. tion to the specific comments invited to require licensees clearly to identify by this notice. both the call letters of their stations and 3. Under the Commission’s decision the cities which they are primarily li­ and orders In Use of Recording Devices 10. In accordance with the provisions censed to serve as specified in their in­ in Connection With Telephone Service, of § 1.419 of the Commission’s rules, an struments of authorization. One of the Docket 6787, 11 F.C.C. 1033; 12 F.C.C. original and 14 copies of all statements basic purposes underlying this require­ 1005, 1008; the Commission prescribed or briefs shall be furnished to the Com­ ment is to enable the public and the the substance of tariff regulations that mission. * Commission’s own monitoring stations would permit the use of customer-pro­ Adopted: January 30,1967. readily to identify the stations to which vided telephone recording devices in they are listening, and further, to iden­ connection with interstate and foreign Released: January 31,1967. tify the communities which they are message toll telephone conversation F ederal Communications primarily licensed to serve. subject to certain specified conditions, Commission,1 3. Through the receipt of complaints including the “beep” tone, intended to [ seal ] B en F. Waple, and by the monitoring of stations which insure that all parties to a telephone Secretary. were the subject of such complaints, the conversation have adequate notification that a telephone recording device is being Part 64—Miscellaneous Rules Relating Commission has become aware that some used. These prescribed tariff regula­ to Common Carriers, is amended to add licensees have been broadcasting iden­ tions are now in effect and have been a new Subpart E as follows: tification or promotional announcements since 1948. which tend to lead listeners to believe § 64.501 Recording of telephone con­ that their stations are licensed to cities 4. The tariff regulations that have versations with telephone companies. other than those designated in their been filed pursuant to the aforesaid deci­ No telephone common carrier, subject licenses. In most cases, the licensees in­ sion of the Commission are specifically in whole or in part to the Communica­ volved in such conduct appear to be mak­ applicable .to “customer-provided” re­ tions Act of 1934, as amended, may use ing the correct identification of their cording devices and are couched in terms any recording device in connection with stations’ licensed locations at the times of an exception to the “foreign attach­ any interstate or foreign telephone con­ specified in the identification rules. ment” prohibitions contained in the versation between any member of the However, the Comniission has observed tariffs. Such tariff provisions do not public, on the one hand, and any officer, that misleading identifications of loca­ literally apply to the use of recording de­ agent, or other person acting for or em­ tion frequently are broadcast at times vices by the telephone companies them­ ployed by any such telephone common other than those specified in the identifi­ selves. carrier, on the other hand, except under cation rules and appear in such cases to 5. The Commission is informed that the following conditions: constitute part of a concerted effort to certain telephone companies, in practice, (a) That such use shall be accom­ confuse or mislead the listening public as impose upon themselves the same notice panied by adequate notice to all parties to the licensed location of the station. requirements on telephone calls to or to the telephone conversation that the The broadcast of misleading announce­ from the telephone company that are conversation is being recorded; imposed under the tariffs upon customers ments implying that stations are licensed (b) That such notice shall be given by to cities other than those designated in in their use of customer-provided record­ the use of an automatic tone warning ing devices. Other telephone companies, device, which will automatically produce their licenses defeats the intent and pur­ we are informed, do not follow such prac­ a distinct signal that is repeated at regu­ pose of the Commission’s identification tice and engage in the practice of record­ lar intervals during the course of the rules and is inconsistent with the public ing telephone calls made to or from the telephone conversation when the record­ interest. telephone company without providing ing device is in use; 4. Our policy with respect to mislead­ any notice to the other party that a re­ ing identification has been clearly an­ cording device is being used. 1 Concurring statement of Commissioner nunciated in prior decisions of. the Com­ 6. We believe that the principles that Cox, joint dissenting statement of Commis­ sioners Loevinger and Wadsworth, and con­ mission. In Gulf Television Co., 12 RR gfaverned our decision in 1947, and our curring opinion of Commissioner Johnson 447, 470(1), for example, we stated as orders implementing that decision, apply filed as part of original document. follows:

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 PROPOSED RULE MAKING 2385 * * * extreme caution must be exercised to 7. We believe the proposed amend­ 1. Section 73.117 of the Commission’s the end that viewers and listeners be not ments would bring about an end to rules and regulations is amended by add­ misled to believing that the station has been efforts to confuse or mislead the audience ing new paragraph (g) thereto as assigned to more than one city or to a city other than that specified in the construction as to the city to which a station is follows: permit; studied attempts may not be made licensed, and that they are appropriate §73.117 Station identification. to conceal the true location of broadcast and necessary means to cany out our * * * * * facilities. functions under the public interest standard of the Communications Act. (g) A licensee shall not in station 5. In view of the foregoing, we believe 8. Pursuant to applicable procedures identification announcements, promo­ that it would be desirable to amend the set out in § 1.415 of the Commission’s tional announcements or any other present identification rules, and to that rules and regulations, interested parties broadcast matter either lead or attempt end we are proposing amendments to the may file comments on or before March 6, to lead the station’s listeners to believe rules as set forth below. The proposed 1967, and reply comments on or before that the station has been assigned to a amendments permit stations to identify March 21, 1967. ~ All relevant and timely city other than that specified in its themselves at times other than those license. presently specified for AM, FM, or TV. comments and reply 'comments will be However, the amendments would pro­ considered by the Commission before 2. Section 73.287 of the Commission’s hibit the broadcast at any time of station final action is taken in this proceeding. rules and regulations is amended by add­ ing new paragraph (g) thereto as identification announcements, promo­ In reaching its decision in this proceed­ tional announcements or other matter follows: which would lead listeners to believe that ing, the Commission may also take into account other relevant information be­ § 73.287 Station identification. the station had been assigned to a city * * * * * other than that specified in its license. fore it, in addition to the specific com­ ments invited by this Notice. (g) A licensee shall not in station 6. We believe that nothing short of a identification announcements, promo­ general prohibition such as that herein 9. Authority for the amendments pro­ tional announcements or any other proposed would cover all situations and posed herein is contained in section 4(i) broadcast matter either lead or attempt prevent the defeat of the intent and pur­ and 303 (r) of the Communications Act to lead the station’s listeners to believe pose of our station identification rules. that the station has been assigned to a For example, we have determined that of 1934, as amended. 10. In accordance with the provisions city other than that specified in its the practices of Station KABL, Oakland, license. Calif., were undesirable but not in viola­ of § 1.419 of the rules, an original and tion of our present rules.1 KABL, in 14 copies of all comments, replies, plead­ 3. Section 73.652 of the Commission’s making the required identification, cou­ ings, briefs, and other documents shall rules and regulations is amended by add­ pled the mention of its call letters be furnished the Commission. ing a new paragraph (c) thereto as and actual location with language con­ follows: cerning its coverage of San Francisco Adopted: January 25,1967. § 73.652 Station identification. and the clanging of a cable car bell iden­ Released: January 31,1967. * * # 4c * tified with San Francisco. Further, in announcments and program vignettes Federal Communications (c) A licensee shall not in station broadcast both before and after the an­ Commission,2 identification announcements, promo­ nouncements made at the required times, [seal] B en F. Waple, tional announcements or any other KABL repeatedly sought to identify it­ Secretary. broadcast matter either lead or attempt self with San Francisco rather than with to lead its audience to believe that the Oakland. * Commissioner Lee absent; Commissioner station has been assigned to a city other Loevinger dissenting; concurring statement than that specified in its license. of Commissioner Johnson filed as part of [F.R. Doc. 67-1298; Filed, Feb. 2, 1967; 15 FCC 2d 855. original document. 8:50 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2386

Notices

,• St . St e ph en s M eridian, Mis s is s ip p i 315g); from lease or sale under the Rec­ DEPARTMENT OF THE TREASURY T. 7 S., R. 10 W., reation and Public Purposes Act of June Sec. 15, lot 3, 14,1926, as amended (43 U.S.C. 869; 869- Office of Foreign Assets Control Sec. 16, lots 1, 2, 3, 4, 5, 1 to 869-4), and (b) the lands described WASHED (SCOURED) CASHMERE Sec. 17, lots 7, 8, in paragraph 4 of this notice from appro­ Sec. 20, lots 5, 6, priation under the mining laws. Importation Directly From and Avail­ Sec. 21, lots 1, 2, 3, 4, 2. The classified public lands are lo­ able Certifications by Government Sec. 22, lots 1, 2, 3, Sec. 23, lots 4, 5, 6, cated within the Eastgate Hydrological of the United Kingdom Sec. 24, lots 4, 5, 6, 7, 8. Study Area and are shown on maps, des­ Notice is hereby given that certificates The areas described aggregate 735.28 acres. ignated as N-279, which are on file in the Carson City District Office, 807 North of origin issued by the Customs and Ex­ This plat represents a dependent re­ cise of the Government of the United Plaza Street, Carson City, Nev., and the survey of a portion of the subdivisional Land Office, Bureau of Land Manage­ Kingdom under procedures agreed upon lines, designed to restore the corners in between that Government and the Of­ ment, Federal Building, 300 Booth Street, their true original locations according to Reno, Nev. fice of Foreign Assets Control in connec­ the best available evidence; the survey tion with the Foreign Assets Control Reg­ 3. The lands involved are described as of 12 islands in Back Bay of Biloxi which follows: ulations are now available with respect were not included in the original surveys; to the importation into the United States and, an extension survey of Jands omitted Mou n t Diablo Meridian, Nevada directly, or on a through bill of lading, from the original survey and not em­ T. 16 N., R. 35 E„ unsurveyed. from the United Kingdom of the follow­ braced within areas shown on the plat Sec. 1. ing additional commodity: approved December 31,1828. T. 17 N., R. 35 E., Cashmere, washed (scoured). Secs. 25, ,36. Subject to valid existing rights, and T. 15 N., R. 36 E., unsurveyed, [ seal ] M argaret W. S chwartz, applicable laws, rules and regulations, Secs. 1, 2,12. Director, the lands will be opened under the pub­ T. 16 N„ R. 36 E., unsurveyed, Office of Foreign Assets Control. lic land laws on the date and time speci­ Secs. 1 to 18, incl.; [F.R. Doc. 67-1281; Filed, Feb. 2, 1967; fied above. The lands are determined to Secs. 20 to 28, incl.; 8:48 a.m.] be more than 50 percent swamp in char­ Secs. 33 to 36, incl. acter within the meaning of the Swamp T. 17 N„ R. 36 E., Secs. 1 to 24, incl.; TANNIC ACID Land Act of September 28,1850, and title thereto inured to the State under that Sec. 25, NVi, SE14; Importation Directly From and Avail­ Sec. 26, Ni/2, SW&, N^SE1^, SW^SE^; Act. The lands are included in the See 27* able Certifications by Government swampland selection application filed by sec! 28, Ni/a, Ni/2Si/2, SE14SW&, S^SE^; of Belgium the State of Mississippi under BLM Secs. 29, 30, 31; Notice is hereby given that certificates 065374. Sec. 32, NE14NE14, Wi/aEi£. Wy2, E^SE^; of origin issued by the Ministry of Eco­ All inquiries relating to the lands Secs. 33 to 36, incl. should be sent to the Manager, Eastern T. 18 N„ R. 36 E„ unsurveyed, nomic Affairs of the Government of Bel­ Secs. 1 to 17, incl.; gium under procedures agreed upon be­ States Land Office, Bureau of Land Man­ Secs. 20 to 29, incl.; tween that Government and the Office agement, 7981 Eastern Avenue, Silver Secs. 32 to 36, incl. of Foreign Assets Control in connection Spring, Md. 20910. T. 19 N., R. 36 E., with the Foreign Assets Control Regu­ D oris A. K oivula, Sec. 15; lations are now available with respect to Manager, Land Office. Secs. 20 to 23, incl.; the importation into the United States Secs. 25 to 29, incl.; directly, or on a through bill of lading, J anuary 30,1967. Secs. 32 to 35, incl. from Belgium of the following additional [F.R. Doc. 67-1269; Filed, Feb. 2, 1967; T. 15 N-, R. 37 E„ unsurveyed, 8:47 a.m.] Secs. 1 to 10, incl.; commodity: Secs. 11, 12, 14, lying within Churchill Tannic acid. County; [seal] M argaret W. S chwartz, [Serial No. N-279] Secs. 15 to 18, incl.; Director, Sec. 21; NEVADA Secs. 22, 23, lying within Churchill County. Office of Foreign Assets Control. T. 16 N., R. 37 E., unsurveyed. [F.R. Doc. 67-1282; Filed, Feb. 2, 1967; Notice of Classification of P u b lic T. 17 N., R. 37 E., unsurveyed, 8:48 a.m.] Lands for Multiple Use Management Sec. 1, lying within Churchill County; Secs. 2 to 11, incl.; J anuary 27,1967. Secs. 12, 13, lying within Churchill County; 1. Pursuant to the Act of Septem­ Secs. 14 to 36, incl. DEPARTMENT OF THE INTERIOR ber 19, 1964 (43 U.S.C. 1411-18) and to T. 18 N., R. 37 E., S gcs 7 18 19* Bureau of Land Management the regulations in 43 CFR, Parts 2410 and 2411, the public lands described below Sec. 20’, Ny2NE14, SE^NEi/i, Wy2, S^SE^, [Survey Group 17; ES 1961] NEJ4SE%; are hereby classified for multiple-use Secs. 23 to 36, incl. MISSISSIPPI management. Publication of this notice segregates (a) all the public lands de­ T. 15N./R. 38 E., Notice of Filing of Plat of Survey Secs. 6, 7, lying within Churchill County. scribed in this notice from appropriation T. 16 N., R. 38 E., The plat of dependent resurvey and ex­ under the agricultural land laws (43 Secs. 5, 6, lying within Churchill County; tension survey, including lands errone­ U.S.C., Ch. 7, 43 U.S.C., Ch. 9, and 25 Sec. 7; ously omitted from the original survey, U.S.C. 331); from sale under section 2455 Secs. 8, 16, 17, lying within Churctnu and the survey of 12 islands in secs. 15, of the Revised Statutes (43 UJS.C. 1171) County; Sec. 18; 16, 17, 20, ¿1, 22, 23, and 24, T. 7 S., R. 10 and the Public Land Sale Act of Septem­ W., St. Stephens meridian, Mississippi, Sec. 19, NE^NE^, N^N^SE^NEA, wy2Ey2, wy2, s ^ n e ^s e ^ , s e ^s e a ; was accepted on September 19, 1966. ber 19, 1964 (43 U.S.C. 1421-27); from disposition through exchange under sec­ Secs. 20, 21, 29, lying within Chur chin The plat will be officially filed in this County; Office effective at 10 a.m. on March 7, tion 8 of the Taylor Grazing Act of Sec. 30; . 1967. June 28, 1934 (48 Stat. 1272; 43 U.S.C. Secs. 31, 32, lying within Churchill County.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2387 T. 17 N., R. 38 E., unsurveyed, appropriation under the mining laws 13. T. 17 S., R. 12 W., in section 9, un­ Secs. 18, 19, 30, 31, lying within Churchill (eh. 2, 30 U.S.C.) but not from leasing surveyed, Cox Rock, near Heceta Head. County. under the mineral leasing laws. 14. T. 28 S., R. 15 W„ section 25, unsur­ T. 18 N., R. 38 E., partially unsurveyed, veyed, section 26, lots 1, 2, 3, and 4, and Sec. 30; The applicant desires the land as an section 35, unsurveyed, being rocks off Sec. 31, lying within Churchill County. addition to the Oregon Islands National CocfUille Point near Bandon including Table The area described aggregates ap­ Wildlife Refuge. and Pace Rocks. For a period of 30 days from the date 15. T. 31 S., R. 16 W., in section 24, un­ proximately 156,000 acres. surveyed, Tower Rock, off Blacklock Point 4. As provided in paragraph 1 above, of publication of this notice, all persons south of Cape Arago. the following lands are further segre­ who wish to submit comments, sugges­ 16. T. 31 S-., R. 16 W., in section 25, un­ gated from appropriation under the tions, or objections in connection with surveyed, Castle Rock, off the mouth of Sixes mining laws: the proposed withdrawal may present River. Series of unnamed rocks many above their views in writing to the undersigned the mean high tide. Mount Diablo Meridian, Nevada officer of the Bureau of Land Manage­ 17. T. 31 S., R. 16 W., in section 35, un­ T. 17 N., R. 37 E„ ment, Department of the Interior, 729 surveyed, Gull Rock, off mouth of Sixes River. Sec. 3, NW%NW'4. Northeast Oregon Street (Post Office Box 18. T. 32 S., R. 16 W.. in sections 17, 21, 28, T. 18 N., R. 37 E., 2965), Portland, Oreg. 97208. 29, 30, and 31, unsurveyed, Orford Reef, Sec. 29, Sy2NEy4SW%, N&SE&SWJ4; southwest of Cape Blanco and including Sec. 30, NE^SE^; The authorized officer of the Bureau several named and unnamed rocks rising Sec. 33, S1/2NW14. of Land Management will undertake such from 15 to 150 feet above the sea. Among investigations as are necessary to deter­ the named, are NW Rock, Large Brown Rock, The area described next above aggre­ mine the existing and potential demand Long Brown Rock, Table Rock, Best Rock, gates approximately 200 acres. for the lands and their resources. He Seal Rock, Square White Rock, Flat Rock, 5. For a period of 30 days, interested will also undertake negotiations with the White Rock, Plat Black Rock. Arch Rock, parties may submit comments to the applicant agency with the view of ad­ West Conical Rock, Steamboat Rock, and Pox Secretary of the Interior, LLM, 721, Rock. justing the application to reduce the area 19. T. 33 S., R. 15 W„ in sections 21 and Washington, D.C. 20240. (43 CFR to the minimum essential to meet the ap­ 22, unsurveyed, Redfish Rocks, off Coal and 2411.1—2(d).) plicant’s needs, to provide for the maxi­ Rocky Points near Humbug Mountain. In­ D aniel P. B aker, mum concurrent utilization of the lands cludes five prominent rocks rising to 140 feet. Acting State Director. for purposes other than the applicant’s, 20. T. 33 S., R. 15 W., in section 33, un­ [P.R. Doc. 67-1270; Piled, Feb. 2, 1967; to eliminate lands needed for purposes surveyed, Island Rock. T. 34 S., R. 15 W., 8:48 a.m.] in section 4, unsurveyed, Group. more essential than the applicant’s, and 21. T. 36 S., R. 15 W., in sections 2 and 11, to reach agreement on the concurrent unsurveyed, Hubbard Mound Reef. [Sacramento 071587] management of the lands and their re­ 22. T. 38 S., R. 15 W., in section 1, unsur­ CALIFORNIA sources. veyed, Hunter Island, lying off Hunter Cove, He will also prepare a report for con­ southern tip Cape Sebastian. Notice of Partial Termination of Pro­ 23. T. 38 S., R. 14 W., in section 30, un­ sideration by the Secretary of the In­ surveyed, unnamed islands, off Crook Point. posed Withdrawal and Reservation terior who will determine whether or not 24. T. 38 S., R. 14 W., section 31, unsur­ of Lands the lands will be withdrawn as requested veyed, Saddle Rock, off Crook Point. January 27,1967. by the Bureau of Sport Fisheries and 25. T. 39 S„ R. 14 W., in section 6, unsur­ Wildlife. Notice of a Bureau of Reclamation, veyed, Mack Reef, including Mack Arch and The determination of the Secretary on four large unnamed rocks. U.S. Department of the Interior appli­ 26. T. 39 S., R. 14 W., in sections 8 and 17, cation, Sacramento 071587, for with­ the application will be published in the unsurveyed, Deer Point Rocks, including drawal and reservation of lands for the F ederal R egister. A separate notice will Leaning Rock, Black Rock, and Yellow Rock. Trinity River Division of the Central be sent to each interested party of rec­ 27. T. 40 S., R. 14 W., in section 4, Valley Project, California, was published ord. unsurveyed, Whalehead Islands, a group of as F.R. Doc. No. 62-8128 on pages 8124 If circumstances warrant it, a pub­ three lying about three miles north of Cape and 8125 of the issue for August 15, 1962. lic hearing will be held at a convenient Ferrelo. time and place which will be announced. 28. T. 40 S., R. 14 W., in section 22, unsur­ The applicant agency has canceled its veyed, Twin Rocks, south of Cape Ferrelo. application insofar as it affects the fol­ The lands involved in the application lowing described lands: are: The areas described aggregate 346.06 W illamette M eridian acres. Mount Diablo Meridian All of the islands, or groups of islands, Erling A. Olson, T. 37 N., R. 7 W., Chief, Lands Adjudication Section. Sec. 32, That portion of lot 6 lying within rocks, pinnacles, and reefs along the west swy4sE^. coast of Oregon within the exterior limits of [P.R. Doc. 67-1294; Piled, Feb. 2, 1967; the following described areas: 8:49 a.m.] Therefore, pursuant to the regulations 1. T. 5 N., R. 11 W., in section 1, unsur­ veyed, Tillamook Head Rocks, west of Tilla­ contained in 43 CFR part 2311, such [Los Angeles 0158928] lands at 10 am. on March 3,1967, will be mook Head. 2. T. 5 N., R. 11 W., in section 13, unsur­ relieved of- the segregative effect of the veyed, Sea Lion Rocks, off Ecola State Park. CALIFORNIA above-mentioned application. 3. T. 5 N., R. 10 W., in section 19, unsur­ Notice of Termination of Proposed , R. J. Litten, veyed, Bird Rocks, near Chapman Point. 4. T. 5 N„ R. 10 W., in section 30, unsur­ Withdrawal and Reservation of Chief, Lands Adjudication Section. veyed, Haystack Rock, off Cannon Beach. Lands [F.R. Doc. 67-1293; Piled, Feb. 2, 1967; 5. T. 4 N., R. 11 W., in section 25, unsur­ v January 25,1967. 8:49 a.m.] veyed, Castle Rock, formerly known as Arch Cape Rock. Notice of a Bureau of Sport Fisheries 6. T. 1 S., R. 11 W., in section 12, unsur­ and Wildlife, Fish and Wildlife Service [OR711] veyed, Pyramid Rock. application, Los Angeles 0158928, for 7. T. 1 S., R. 11 W., in section 13, unsur­ withdrawal and reservation of lands for OREGON veyed, Pillar Rock (both rocks). enlargement of the Havasu Lake Na­ 8. T. 4 S., R. 11 W., in section 24, unsur­ Notice of Proposed Withdrawal anc tional Wildlife Refuge, was published as veyed, Haystack Rock, off Cape Kiwanda. Federal Register Document No. 59-11125, Reservation of Land 9. T. 6 S., R. 11 W., in section 10, unsur­ veyed, Two Arches-Rock, off Cascade Head, on pages 10987-10988 of the issue for De­ rp, J anuary 27,1967. five main islands. cember 30, 1959, as corrected by notice 10. T. 9 S., R. 11 W., in section 31, unsur­ published as Federal Register Document Wildlife TT1! ^ of Sport Fisheries anc veyed, Gull Rock, off the town of Otter Rock. No. 60-628, on pages 519-520 of the issue ha« m ^U,S’ Apartment of the Interior 11. T. 10 S., R. 11 W„ in section 30, unsur­ for January 21, 1960. The applicant 7ii flAed^ application, Serial No. OP veyed, Yaquina Head Rocks. agency has canceled its application inso­ 1 ’ f°r the withdrawal of the public 12. T. 16 S., R. 12 W., in section 33, un­ far as it aifects the following described nds described below, from all forms 01 surveyed, Conical Rock. lands:

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDA/, FEBRUARY 3, 1967 2388 NOTICES

S an B ernardino M eridian, California Register.1 Such map is also on file and conditions of probation, said official, with T. 5 N., R. 24 E., available for inspection in the Office of or without prior notice to said parties, Sec, 1, lot 1. the Director, National Park Service, by supplemental order, may revoke the Washington, D.C. probation of said parties and deny to The area described contains 30,06 Dated: January 27,1967. said parties all export privileges for such acres. period as said official may deem appro­ Therefore, pursuant to the regulations H oward W. B aker, priate. Such order shall not preclude contained in 43 CFR Part 2311, such Acting Director, the Bureau of International Commerce lands, at 10 a.m. on February 27, 1967, National Park Service. from taking further action for any vio­ will be relieved of the segregative effect [F.R. Doc. 67-1295; Filed, Feb. 2, 1967; lation as may be warranted. of the above mentioned application. 8:49 a.m.] This order shall become effective W alter F. H olmes, forthwith. Acting Manager. Dated: January 27, 1967. [F.R. Doc. 67-1268; Filed, Feb. 2, 1967; 8:47 a.m.] DEPARTMENT OF COMMERCE R auer H. Meyer, Bureau of International Commerce Director, Office of Export Control. Fish and Wildlife Service [Case No. 329] [F.R. Doc. 67-1246; Filed, Feb. 2, 1967; 8:46 am.] [Docket No. C—264] PEAK PRODUCTS CO. AND L. KANNER BERNARD J. BLOCKER National Bureau of Standards Notice of Loan Application Order Conditionally Restoring Export Privileges VISCOMETER CALIBRATING Bernard J. Blocker, 8916 Jamacha LIQUIDS Boulevard, Spring Valley, Calif. 92077, In the matter of Peak Products Co. has applied for a loan from the Fisheries and L. Kanner, Eastcheap Building, 19 Notice of Discontinuance Loan Fund to aid in financing the con­ Eastcheap, London, E.C. 3, England, Case struction of a new 73-foot vessel to en­ No. 329; respondents. Effective July 1, 1967, the National gage in the fishery for tuna and tuna-like By order dated June 11, 1964 (29 F.R. Bureau of Standards will discontinue 8496), the above-named respondents supplying its Viscometer Calibrating species. ' Liquids (§ 230.8-8, Title 15, Code of Fed­ Notice is hereby given pursuant to the were denied all U.S. export privileges for the duration of export controls. The eral Regulations). An equivalent series provisions of Public Law 89-85 and Fish­ of liquids is now available from the Can­ eries Loan Fund Procedures (50 CFR order was also effective against L. Kan­ ner & Son Ltd., London, England, which non Instrument Co., Box 812, State Col­ Part 250, as revised Aug. 11, 1965) that lege, Pa., sponsored and supervised by the above-entitled application is being firm was the owner of Peak Products Co. The order provided that 2 years after Research Division v n , Section A of considered by the Bureau of Commer­ American Society for Testing and Mate­ cial Fisheries, Fish and Wildlife Service, the effective date thereof the respondents might apply to have the effective denial rials Committee D-2. Orders for de­ Department of the Interior, Washington, livery of these liquids after July 1, 1967, D.C. 20240. Any person desiring to sub­ of export privileges held in abeyance while they remain on probation. The should be addressed directly to Cannon mit evidence that the contemplated op­ Instrument Co. at the address above. eration of such vessel will cause economic said respondents have filed such an ap­ hardship or injury to efficient vessel op­ plication and have submitted evidence This transfer is made following a erators already operating in that fishery, to show their compliance with the terms lengthy joint study by representatives of must submit such evidence in writing to of said order and information concern­ the National Bureau of Standards and the Director, Bureau of Commercial ing the transaction on which the denial the American Society for Testing and Fisheries, within 30 days from the date order was based. Materials to develop a more effective and of publication of this notice. If such The respondents’ application was re­ efficient method of supplying all labora­ evidence is received it will be evaluated ferred to the Compliance Commissioner tories in the United States with the along with such other evidence as may and considered by him. He has recom­ calibrating liquids they require. The be available before making a determina­ mended that an order be entered con­ need for such liquids developed more or tion that the contemplated operations of ditionally restoring export privileges to less simultaneously among two different the vessel will or will not cause such said respondents. groups, one primarily from the petroleum economic hardship or injury. The undersigned has carefully con­ industry which has been met by the sidered the record herein and is of the American Society for Testing and Mate­ R alph C. B aker, opinion that the action recommended rials series and one from other industries Acting Director, by the Compliance Commissioner is fair and university laboratories which has Bureau of Commercial Fisheries. and just and is consistent with the pur­ been met by the National Bureau of poses of the U.S. Export Control Act and Standards series. A slightly greater J anuary 30, 1967. regulations. range will be provided initially by the [F.R. Doc. 67-1266; Filed, Feb. 2, 1967; Accordingly, it is hereby ordered, That combined series which is now available 8:47 a.m.] the export privileges of the above-named from Cannon (the National Bureau of respondents and of L. Kanner & Sons Standards has collaborated and will con­ Ltd. be and hereby are restored condi­ tinue to collaborate with the American National Park Service tionally, and the said parties are placed Society for Testing and Materials in this on probation for the duration of export program). It is hoped and expected that PICTURED ROCKS NATIONAL controls. The conditions of probation combining these two series into a single LAKESHORE, MICH. are that the said parties shall fully com­ one will permit economies which will en­ ply with all of the requirements of the able tiie range to be expanded somewhat Notice of Filing of Map Export Control Act of 1949, as amended, when and if satisfactory liquids are Notice is hereby given that, in accord­ and all regulations, licenses, and orders found. ance with the requirements of section 2 issued thereunder. Future National Bureau of Standards of the Act of October 15, 1966 (80 Stat. Upon a finding by the Director, Office activities in this field, in addition to its 922) the boundary map identified as of Export Control, or such other official continuing collaboration with the Amer­ “Proposed Pictured Rocks National Lake- as may be exercising the duties now ex­ ican Society for Testing and Materials shore, United States Department of the ercised by him, that said parties have on the new series, will be devoted to Interior, National Park Service, Bound­ knowingly failed to comply with the accelerating its present work on new and ary Map, NL-PR-7100A, July 1966” has improved measurement methods which been filed with the Office of the Federal 1 Map filed as part of original document, should lead to increased accuracy of

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2389 calibrating liquids available, particularly Regional Administrator for Metropolitan Dated at Washington, D.C., this 30th in the higher viscosity ranges. Development, Region m. day of January 1967. Dated: January 19, 1967. (Secretary’s delegation effective Nov. 16,1966) For the Atomic Energy Commission. A. V. Astin, Effective date. This designation shall W. B. McCool, Director. be effective as of December 31, 1966. Secretary. [F.R. Doc. 67-1245; Filed, Feb. 2, 1967; D wight A. Ink, P roposed Agreement B etw een t h e U.S. 8:46 ajn.] Assistant Secretary Atom ic E nergy Co m m issio n and t h e State for Administration. o f Louisiana for Discontinuance o f Cer­ ta in Co m m issio n R egulatory Authority Office of the Secretary [F.R. Doc. 67-1312; FUed, Feb. 2, 1967; and R esponsibility W it h in t h e State P ur­ {Dept. Order 152; Arndt. 3] 8:51 a.m.] suant to Section 274 of t h e Atom ic E nergy Act of 1954, as A mended BUSINESS AND DEFENSE SERVICES Whereas the U.S. Atomic Energy Commis­ ADMINISTRATION sion (hereinafter referred to as the Commis­ ATOMIC ENERGY COMMISSION sion) is authorized under section 274 of the Delegation of Authority Atomic Energy Act of 1964, as amended (here­ The following order was issued by the STATE OF LOUISIANA inafter referred to as the Act) to enter into agreements with the Governor of any State Secretary of Commerce on January 10, Proposed Agreement for Assumption 1967. This material further amends the providing for discontinuance of the regula­ of Certain AEC Regulatory Au­ tory authority of the Commission within the material appearing at 29 F.R. 5408-5409 State under Chapters 6, 7,' and 8 and section of April 22,1964, 30 F.R. 15238 of Decem­ thority 161 of the Act with respect to byproduct ma­ ber 9,1965, and 31 F.R. 14751 of Novem­ On July 12, 19, 26, and August 2, 1966, terials, source materials, and special nuclear ber 19, 1966. materials in quantities not sufficient to form the U.S. Atomic Energy Commission a critical mass; and Department Order 152, dated April 2, published for public comment prior to 1964, is hereby further amended as action thereon a proposed agreement Whereas, the Governor of the State of follows: Louisiana is authorized under West’s LSA- received from the Governor of the State R.S. 51:1051 et seq., to enter into this Agree­ 1. Sec. 3. Delegation of authority. The of Louisiana for assumption of certain ment with the Commission; and following subparagraph is added to para­ of the Commission’s regulatory author­ Whereas, the Governor of the State of graph .01 of this section: ity, pursuant to section 274b. of the Louisiana certified on June 15, 1966, that the “11 The Educational, Scientific, and Atomic Energy Act of 1954, as amended. State of Louisiana (hereinafter referred to Cultural Materials Importation Act of The proposed effective date included in as the State) has a program for the control of 1966 (Public Law 89-651; 80 Stat. 897), the proposed agreement was Septem­ radiation hazards adequate to protect the except that the approval of the Assistant public health and safety with respect to the ber 1, 1966. Because of continuing dis­ materials within the State covered by this Secretary for Domestic and International cussions with the State concerning the Agreement, and that the State desires to Business shall be obtained before issu­ regulation of licensed activities in the assume regulatory responsibility for such ance by the Administrator of any rules, areas offshore of the State in the Gulf of materials; and regulations, or procedures required by Mexico, the proposed agreement did not Whereas, the Commission found o n _____ this Act.” become effective on September 1, 1966. ______1967, that the program of the State 2. Sec. 4. General functions. T h e It is now proposed that the agreement for the regulation of the materials covered by become effective on. May 1, 1967, and it this Agreement is compatible with the Com­ following subparagraph is added to para­ mission’s program for the regulation of such graph .01 of this section: is hereby republished. Also published materials and is adequate to protect the pub­ “12 Evaluate and process applications herewith are : (1)A proposed Memoran­ lic health and safety; and for importation of educational, scientific dum of Understanding between the State Whereas, the State and the Commission and cultural materials under Public Law of Louisiana and the Commission de­ recognize the desirability and importance of 89-651.” fS signed to facilitate the parties’ adminis­ cooperation between the Commission and the tration of the proposed section 274b. State in the formulation of standards for Date of issuance: January 10, 1967. agreement, and (2) a proposed agree­ protection against hazards of radiation and Effective date: January 10, 1967. ment between the State of Louisiana and in assuring that State and Commision pro­ the AEC, to be entered into under sec­ grams for protection against hazards of ra­ D avid R. B aldwin, diation will be coordinated and compatible; Assistant Secretary tion 274i. of the Atomic Energy Act of and for Administration. 1954, as amended, under which the State Whereas, the Commission and the State [F.R. Doc. 67-1247; Filed, Feb. 2, 1967; would be authorized to perform certain recognize the desirability of reciprocal rec­ 8:46 a.m.] functions on behalf of the Commission. ognition of licenses and exemption from All interested persons desiring to sub­ licensing of those materials subject to this mit comments and suggestions for con­ Agreement; and sideration by the Commission in connec­ Whereas, this Agreement is entered into DEPARTMENT OF HOUSING AND tion with the propose', section 274b. pursuant to the provisions of the Atomic agreement, the proposed Memorandum Energy Act of 1954, as amended; URBAN DEVELOPMENT of Understanding, or the proposed sec­ Now, therefore, it is hereby agreed between tion 274i. agreement should send them the Commission and the Governor of the a ctin g a s s is t a n t r e g io n a l a d ­ State, acting in behalf of the State, as fol­ in triplicate to the Secretary, U.S. lows : ministrator FOR METROPOLI­ Atomic Energy Commission, Washing­ Article I. Subject to the exceptions pro­ TAN DEVELOPMENT; REGION III ton, D.C. 20545, within 30 days after vided in Articles II, III, and IV, the Commis­ (ATLANTA) initial publication in the F ederal sion shall discontinue, as of the effective date R egister. of this Agreement, the regulatory authority Designation Exemptions from the Commission’s of the Commission in the State under Chap­ Thomas J. Armstrong, Deputy Assist­ ters 6, 7, and 8, and section 161 of the Act regulatory authority which would im­ with respect to the following materials: ant Regional Administrator for Metro­ plement the proposed, section 274b. A. Byproduct materials; politan Development, Region III (At­ agreement were published as part 150 B. Source materials; and lanta), is hereby designated to serve as of the Commission’s regulations in C. Special nuclear materials in quantities Acting Assistant Regional Administrator F ederal R egister issuances of Febru­ not sufficient to form a critical mass. ttt ^ e^r°P°tttan Development, Region ary 14,1962, 27 F.R. 1351; September 22, Art. II. This Agreement does not provide „ r*ng the present vacancy in the 1965, 30 F.R. 12069; and March 19, 1966, for discontinuance of any authority and the Position of Assistant Regional Adminis- 31 F JR. 4668. In reviewing this proposed Commission shall retain authority and re­ wm?1« °r Metropolitan Development, agreement, , interested persons should sponsibility with respect to regulation of: with ail the powers, functions, and duties also consider the aforementioned exem- A. The construction and operation of any ^delegated or assigned to the Assistant tions. production or utilization facility;

No. 23—Pt. I----5 FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2390 NOTICES

B. The export from or import into the Regulatory Authority and Responsibility Under section 274i. of the Atomic Energy United States of byproduct, source, or spe­ within the State pursuant to section 274 of Act of 1954, as amended, the Commission in cial nuclear material, or of any production the Atomic Energy Act of 1954, as Amended” carrying out its licensing and regulatory or utilization facility; ("274b. Agreement"),, the effective date of responsibilities under the Act is authorized C. The disposal into the ocean or sea of which is May 1,1967. to enter into agreements with any state to byproduct, source, or special nuclear waste An area of submerged land off the coast perform inspections or other functions on materials as defined in regulations or orders of the State is currently in dispute between a cooperative basis as the Commission deems of the Commission; the State and the United States in a .cause appropriate. In view of the pending litiga­ D. The disposal of such other byproduct, pending before the U.S. Supreme Court, tion, but without prejudice thereto, the source, or special nuclear material as the styled United States of America v. State of parties deem it appropriate that the State Commission from time to time determines Louisiana et al, No. 9 Original (“pending liti­ be authorized to perform certain functions by regulation or order should, because of the gation”) . for and on behalf of the Commission. hazards or potential hazards thereof, not This Memorandum of Understanding be­ It is hereby agreed between the Commis­ be so disposed of without a license from tween the State and the Commission is made sion and the Governor of the State, acting in the Commission. solely to facilitate the parties’ administration behalf of the State, as follows: Art. III. Notwithstanding this Agree­ First: The Commission hereby authorizes ment, the Commission may from time to of the 274b. Agreement in view of, but with­ the State to perform, for and on behalf of time by rule, regulation, or order, require out prejudice to, the pending litigation. the Commission, the following functions that the manufacturer, processor, or pro­ It is hereby agreed between the Commis­ with respect to byproduct materials, source ducer of any equipment, device, commodity, sion and the Governor of the State, acting materials, and special nuclear materials in or other product containing source, by­ in behalf of the State as follows : quantities not sufficient to form a critical product, or special nuclear material shall First: The State shall not license or regu­ mass in the possession of Commission licens­ not transfer possession or control of such late, on its own behalf, those materials sub­ ees in and seaward of the area of submerged product except pursuant to a license or an ject to the 274b. Agreement (“agreement land which is the subject of the pending exemption from licensing issued by the materials”) and located in the disputed area litigation : Commission. or seaward thereof which (a) are in the (a) perform inspections to determine com­ Art. IV. This Agreement shall not affect possession of noncitizens of the State or (b) pliance with the Commission’s rules and the authority of the Commission under sub­ are on or in the seabed or structures affixed regulations and with the provisions of the section 161 b. or i. of the Act to issue rules, thereto. applicable Commission licenses; regulations, or orders to protect the common Second : The Commission acknowledges its (b) notify Commission licensees in writ­ defense and security, to protect restricted present practice of regarding possession and ing of any items of noncompliance disclosed data or to guard against the loss or diver­ use of agreement materials on the high seas by such inspections, and request the licensees sion of special nuclear material. by the citizens of littoral states which have concerned to advise the State of corrective Art. V. The Commission will use its best entered into agreements with the Commis­ action taken or to be taken; efforts to cooperate with the State and other sion pursuant to section 274b. of the Atomic (c) with respect to emergency situations agreement States in the formulation of Energy Act of 1954, as amended, as properly in which an immediate and serious hazard to standards and regulatory programs of the subject to the regulatory authority assumed public health and safety, or property, exists, State and the Commission for protection by such states pursuant to such agreements; take such temporary emergency measures as against hazards of radiation and to assure Provided, however, That nothing herein shall may be required to eliminate the hazard. that State and Commission programs for pro­ in any way be construed to affect or limit Such functions as are performed by the tection against hazards of radiation will be the right of the Commission to alter or amend State pursuant hereto shall be performed coordinated and compatible. The State will such practice at any time. Should the Com­ without cost or expense to the Commission. vise its best efforts to cooperate with the mission decide to eliminate or alter or amend -Second: The functions authorized to be Commission and other agreement States in such practice, it will consult with the State performed hereunder shall be subject to the the formulation of standards and regulatory before taking action to implement such de­ Commission’s supervision and shall be per­ programs of the State and the Commission cision offshore of the State. formed by the State in accordance with such for protection against hazards of radiation Third: Nothing herein nor in the 274b. standards, criteria, policies, and procedures and to assure that the State’s program will Agreement nor any action or abstention taken as may be specified by the Commission from continue to be compatible with the program pursuant to either document shall in any time to time. The State shall promptly of the Commission for the xegulation of like manner affect, or be alleged to affect, the notify the Commission of all activities per­ materials. The State and tire Commission position of either party in the pending liti­ formed by the State hereunder. will use their best efforts to keep each other gation. Third: In taking any actions authorized informed of proposed changes in their re­ Fourth : This Memorandum of Understand­ hereunder, the State shall not undertake to spective rules and regulations and licensing, ing shall become effective on May 1, 1967, and. amend or revoke Commission licenses, nor to inspection and enforcement policies and shall remain in effect so long as the 274b. institute judicial action against Commission criteria, and to obtain the comments and Agreement remains in effect, but shall be sub­ licensees. assistance of the other party thereon. ject to modification from time to time by Fourth: Nothing herein nor in the 274b. Art. VI. The Commission and the State agreement of the parties and shall be sub­ Agreement nor any action or abstention agree that it is desirable to provide for re­ ject to the outcome of the pending litigation. taken pursuant to either document shall in ciprocal recognition of licenses for the mate­ any manner affect, or be alleged to affect, the rials listed in Article I licensed by the other P roposed Agreement B etw een th e State of position of either party in the pending party or by any agreement State. Accord­ Louisiana and t h e U.S. Atomic E nergy litigation. ingly, the Commission and the State agree C o m m issio n P ursuant to Section 274i. of Fifth: Nothing herein shall be deemed to to use their best efforts to develop appro­ th e Atomic E nergy Act of 1954, as preclude or affect in any manner the author­ priate rules, regulations, and procedures by Amended ity of the Commission to perform or to have which such reciprocity will be accorded. The State of Louisiana (“State”) and the performed by others any or all of the func­ Art. VII. The Commission, upon its own U.S. Atomic Energy Commission (“Commis­ tions described herein. Should the Com­ initiative after reasonable notice and oppor­ sion”) have this date entered into an mission decide to have others perform such tunity for hearing to the State, or upon re­ “ Agreement between the United States functions, it will use its best efforts to pro­ quest of the Governor of the State, may Atomic Energy Commission and the State of vide the State with advance notice thereof. terminate or suspend this Agreement and Louisiana for Discontinuance of Certain Sixth: This Agreement shall become effec­ reassert the licensing and regulatory author­ Commission Regulatory Authority and Re­ tive on May 1, 1967, and shall remain in ity vested in it under the Act if the Com­ sponsibility within the State pursuant to effect so long as the 274b. Agreement remains mission finds that such termination or sus­ section 274 of the Atomic Energy Act of 1954, in effect unless sooner terminated by either pension is required to protect the public as Amended” (“274b. Agreement”), the ef­ party on thirty days’ prior written notice. health and safety. fective date of which is May 1,1967. [F iî, Doc. 67-1241; Filed, Feb. 2, 1967; Art. Vni. This Agreement shall become The State and the Commission have this 8:46 a.m.] effective on May 1, 1967, and shall remain date also entered into a “Memorandum in effect unless, and until such time as it is of Understanding between the State of terminated pursuant to Article VII. Louisiana and the U.S. Atomic Energy Com­ [Docket No. 50-101] mission,” with the same effective date, in P roposed Memorandum of U nderstanding order to facilitate the parties’ administra­ UNITED NUCLEAR CORP. B etw een t h e S tate o f Louisiana and t h e tion of the 274b. Agreement in view of, but U.S. Atom ic E nergy Co m m issio n without prejudice to, a cause pending before Notice of Issuance of Facility License The State of Louisiana (“State”) and the the UB. Supreme Court, styled United States Amendment U.S. Atomic Energy Commission (“Commis­ of America v. State of Louisiana et al., No. 9 sion”) have this date entered into an “Agree­ Original (“pending litigation”) concerning Please take notice that the Atomic ment between the United States Atomic En­ an area of submerged land off the coast of Energy Commission has issued, effective ergy Commission and the State of Louisiana the State which is currently in dispute be­ as of the date of issuance, Amendment for Discontinuance of Certain Commission tween the State and the United States. No. 5, set forth below, to Facility License

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2391

No. R-49. The license, as previously location without endangering the health and to the operation of the reactor which pre­ issued, authorizes United Nuclear Corp. safety of the public, and (ii) such activities vented or could have prevented a nuclear will be conducted in compliance with the system from performing its safety function to possess and operate the nuclear reactor rules and regulations of the Commission; as described in the Technical Specifications designated as the Pawling Lattice Test c. The licensee is technically and finan­ or in the Hazards Summary Report. For Rig and located at the UNC Remote cially qualified to engage in the activities each such occurrence, the licensee shall Experimental Station in Pawling, authorized by this license, as amended, in promptly notify by telephone or telegraph, Dutchess County, N.Y. The amendment accordance with the rules and regulations the Director of the appropriate Atomic authorizes the licensee (1) to convert of the Commission; Energy Commission Regional Compliance Of­ its existing reactor to a light water d. The licensee has furnished proof of fice listed in Appendix D of 10 CFR Part moderated reactor so that measurements financial protection to satisfy the require­ 20 and shall submit within ten (10) days a ments of 10 CFR Part 140; report in writing to the Director, Division of can be made of various lattice parameters e. The issuance of this license amendment Reactor Licensing (hereinafter “the Direc­ for slightly enriched oxide fuel rods in a will not be inimical to the common defense tor, DRL”) with a copy to the Regional Com­ light water environment, (2) to receive, and security or to the health and safety of pliance Office. possess and use up to 5,500 kilograms of the public; and 2. The licensee shall report to the Director, uranium containing up to 150 kilograms f. Prior public notice of proposed issuance DRL, in writing within thirty (30) days of of uranium-235 instead of 1,550 kilo­ of this amendment is not required since the its observed occurrence any substantial vari­ grams of uranium containing up to 11.5 amendment does not involve significant ance disclosed by operation of the reactor hazards considerations different from those from performance specifications contained kilograms of uranium-235 in connection previously evaluated; in the Hazards Summary Report or the with operation of the reactor and (3) Facility License No. R-49, as amended, is Technical Specifications. incorporates technical specifications in hereby amended in its entirety to read as 3. The licensee shall report to the Director, the license. The amendment was re­ follows : DRL, in writing within (30) days of its oc­ quested by the licensee in an applica­ 1. This license applies to tlie light water currence any significant changes in transient tion dated May 11,1966, and supplements moderated reactor designated as the Pawling or accident analysis as described in the Haz­ thereto dated May 12,1966, May 31,1966, Lattice Test Rig (PLATR) (hereinafter “the ards Summary Report. and September 22,1966. reactor”), which is owned by the United D. Records. In addition to those other­ Nuclear Corp. (hereinafter "the licensee”), wise required under this license and appli­ Within fifteen (15) days from the date located at the UNC Remote Experimental cable regulations the licensee shall keep the of publication of this notice in the F ed­ Station in Pawling, Dutchess County, N.Y., following records: eral Register, the licensee may file a and described in the application for license (1) Reactor operating records, including request for a hearing and any person dated April 2, 1958, as amended (hereinafter power levels. whose interest may be affected by this “the application”) . (2) Records of in-pile irradiations. proceeding may file a petition for leave 2. Subject to the conditions and require­ (3) Records showing radioactivity released to intervene. Requests for a hearing ments incorporated herein, the Atomic or discharged into the air or water beyond Energy Commission (hereinafter “the Com­ the effective control of the licensee as meas­ and petitions to intervene shall be filed mission”) hereby licenses the United Nu­ ured at the point of such release or discharge. in accordance with the Commission’s clear Corp.: (4) Records of emergency reactor scrams, rules of practice, 10 CFR Part 2. If a A. Pursuant to section 104c of the Atomic including reasons for emergency shutdowns. request for a hearing or a petition for Energy Act of 1954, as amended (hereinafter 4. This license, as amended, is effective as leave to intervene is filed within the time “the Act”), and Title 10, CFR, Chapter I, of the date of issuance and shall expire at prescribed in this notice, the Commission Part 50, “Licensing of Production and Utiliza­ midnight October 6, 1978, unless sooner will issue a notice of hearing or an tion Facilities,” to possess, use and operate terminated. the reactor as a utilization facility at the appropriate order. Date of issuance: January 27, 1967. For further details with respect to this designated location in Pawling, Dutchess County, N.Y. For the Atomic Energy Commission. amendment, see (1) the application for B. Pursuant to the Act and Title 10, CFR, license amendment and the supplements Chapter I, Part 40, “Licensing of Source P eter A. M orris, thereto, (2) a related safety evaluation Material,” and Part 70, “Special Nuclear Director, prepared by the Research and Power Material,” to receive, possess and use up to Division of Reactor Licensing. Reactor Safety Branch of the Division of 5,500 kilograms of uranium containing up [FJt. Doc. 67-1252; Filed, Feb. 2, 1967; Reactor Licensing, and (3) the Tech­ to 150 kilograms of uranium-235 in connec­ 8:46 a.m.] nical Specifications, all of which are tion with operation of the reactor. C. Pursuant to the Act and Title 10, CFR, available for public inspection at the Chapter I, Part 30, “Licensing of Byproduct Commission’s Public Document Room, Material,” to possess, but not to separate, 1717 H Street NW., Washington, D.C. such byproduct material as may be pro­ CIVIL SERVICE COMMISSION Copies of items (2) and (3) above may duced by operation of the reactor. be obtained at the Commission’s Public 3. This license shall be deemed to contain PROFESSIONAL ENGINEERS, CERTAIN Document Room, or upon request ad­ and is subject to the conditions specified in PHYSICAL SCIENTISTS, AND Part 20, § 30.34 of Part 30, §§ 50.54, and 50.59 dressed to the Atomic Energy Commis­ MATHEMATICIANS sion, Washington, D.C. 20545, Attention: of Part 50 and § 70.32 of Part 70 of the Com­ mission’s regulations; is subject to all ap­ Notice of Adjustment of Minimum Director, Division of Reactor Licensing. plicable provisions of the Act and rules, Dated at Bethesda, Md., this 27th day regulations and orders of the Commission Rates and Rate Ranges of January 1967. now or hereafter in effect; and is subject to the additional conditions specified below: 1. Under the authority of 5 U-S.C. For the Atomic Energy Commission. A. Maximum power level. The licensee 5303 and Executive Order 11073, the Civil is authorized to operate the reactor at power Service Commission has increased the P eter A. Morris, levels up to a maximum of 100 watts thermal. minimum salary rates and rate ranges Director, B. Technical specifications. The Technical for grades GS-9, GS-10, GS-11, and GS- Division of Reactor Licensing. Specifications contained in Appendix A 1 to 12, in the following Occupations under Facility License Am en d m en t this license (hereinafter “the Technical Spec­ the General Schedule: ifications”) are hereby incorporated in this [Ucense No. R-49; Amdt. 5] license. The licensee shall operate the re­ a. All professional series in the Engi­ neering and Architecture Group, GS-800. The Atomic Energy Commission hav actor in accordance with the Technical Spec­ found that: ifications unless authorized by the Com­ Professional series at present in the aPPhcation for license amendm mission as provided in 10 CFR 50.59. GS-800 Group are: C. Reports. In addition to reports other­ 5 ay a * 1966- as amended and sup GS—801 General iq«c by letters dated May 12, 1966, May wise required under this license and appli­ cable regulations : GS-803 Safety iaeo, and September 22, 1966, complies w GS—804 Fire Prevention °f the Atomic Energy . 1. The licensee shall inform the Commis­GS-806 Materials Z lJ , as amended, and the Commissic sion of any incident, or condition relating GS-807 Landscape Architecture regulations set forth in Title 10, Chapte: GS-808 Architecture 1 This item was not filed with the Office of GS-810 Civil b‘ ^î\ere ia reasonable assurance that the Federal Register but is available for in­ GS—819 Sanitary authorized by the license, spection in the Public Document Room of GS-830 Mechanical mended, can be conducted at the désigna _the Atomic Energy Commission. GS-840 Nuclear

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2392 NOTICES

GS-850 Electrical GS-1306 Health Physics perfect their application without the ben­ GS-855 Electronic GS-1310 Physics efit of experienced communications coun­ GS-861 Aerospace GS—1313 Geophysics GS-870 Marine GS—1315 Hydrology sel.3 Although it is clear that Reporter’s GS-871 Naval Architecture GS-1320 Chemistry procedure made for many deficiencies in GS-880 Mining GS—1321 Metallurgy the Reporter application and subsequent GS-881 Petroleum GS—1330 Astronomy and Space Science amendments, the Board does not believe GS-890 Agricultural GS-^1340 Meteorology that the overall matter is significant GS-892 Ceramic GS-1360 Oceanography from either an absolute or a comparative GS-893 Chemical GS-894 Welding GS-1372 Geodesy standpoint. In the latter connection it GS-896 Industrial GS-1380 Forest Products Technology can be observed that on February 7, GS—1386 Photographic Technology 1966—at a time prior to Bay’s retention b. Science series and specializations. GS-1510 Actuary of its present communications counsel— GS-015 Operations Research GS-1520 Mathematics the Commission pointed out (by letter) GS-1221 Patent Adviser GS-1529 Mathematical Statistics numerous deficiencies in Bay’s applica­ GS-1223 Patent Classifying tion. In view of all of the above, the re­ GS-1224 Patent Examining c. Industrial Hygiene Series, CMS—690. quest for an “ineptness” issue is denied. GS-1301.1 Physical Science Subseries 2. The revised rates are as follows: 3. Arguing that, at best, Reporter’s ap­ P ee A nnum R ates plication and associated amendments present an unclear picture as to Report­ Grade 1 2 3 4 5 6 7 8 9 10 er’s present and contemplated stock ownership, Bay requests four factual is­ GS-9...... $9,001 $9,262 $9,523 $9,784 $10,045 $10,306 $10,567 $10,828 $11,089 $11,350 sues in. this respect as well as a conclu­ GS-10...... 9,573 9,861 10,149 10,437 10,725 11, 013 11,301 11,589 11,877 12,165 sionary issue cast in terms of legal GS-11...... 10,481 10,796 11, 111 11,426 11,741 12,056 12,371 12,686 13,001 13,316 GS-12...... 11,306 11,685 12,064 12,443 12,822 13,201 13,580 13,959 14,338 14,717 qualifications. Notwithstanding a lack of perfection in Reporter’s submissions, it seems clear that (a) Dr. Goodlett would 3. Geographic coverage: worldwide. 1966 (FCC 66-765).1 The designation own 45 percent of the stock, Mrs. Fielder, 4. The effective date will be the first order specified, a number of financial is­ Dr. Feigen, Mr. Rumford, Mr. Turner, day of the first pay period which begins sues as to each applicant and a staffing and Mr. Keating, 10 percent each, and on or after February 1, 1967. issue as to Reporter, as well as the usual Mr, Rayon, 5 percent; and (b) the respec­ 5. All new employees in the specified comparative and ultimate issues. Now tive holdings could be substantially af­ occupational classes will be hired at the before the Board is a motion to enlarge fected if one or more of Goodlett, Feigen, new minimum rates. issues, filed by Bay on September 22, and Rumfprd choose to purchase appro­ 6. As of the effective date, all agencies 1966.2 The motion requests against Re­ priate percentages of stock from Reporter will process a pay adjustment to increase porter a total of 14 additional issues un­ rather than advance thè funds involved the pay of employees on the rolls in the der 5 headings; Legal Qualifications, Fi­ ($75,000 each) under loan arrangements. affected occupational classes. An em­ nancial Qualifications, Program Pro­ While ^the Board believes that it would ployee who immediately prior to the ef­ posals—Preparation and Planning, be administratively advantageous for the fective date was receiving basic compen­ Equipment and Technical Facilities Pro­ latter three to choose their courses and sation at one of the rates of the existing posed and Comparative Coverage. The declare their final intentions in the fore­ special rate range, shall receive com­ requests will be considered seriatim. going respect on the hearing record, there pensation at the corresponding num­ Legal qualifications. 2. Based on the is no clear requirement that they do so. bered rate authorized by this notice on fact that the Commission has addressed However, should Reporter allow the pres­ and after such date. a large number of letters to Reporter ent uncertain picture to remain, there U nited S tates Civil S erv­ pointing out deficiencies in the latter’s would appear to be no alternative but ice Commission, application and amendments thereto, to construe all affected and related show­ [seal] J ames C. S pry, Bay requests against Reporter an “in­ ings against that applicant.4 Based on Executive Assistant to eptness” issue identical to that added by the above, the request for an issue seek­ the Commissioners. the Board in Beamon Advertising, Inc., ing inquiry into “the nature and extent 63R-467, 1 RR 2d 285). Beamon, how­ [F.R. Doc. 67-1243; Filed, Feb. 2, 1967» of all existing and proposed interests in 8:46 a.m.] ever, is distinguishable on at least three the stock of Reporter Broadcasting Com­ counts: (a) There it appeared to the pany” is denied. Board that the “deficiencies” went well 4. Two independent facts form the beyond mere “inadvertence and careless­ basis for another of Bay’s requested is­ FEDERAL COMMUNICATIONS ness”; (b) Beamon’s majority stockhold­ sues: (a) A Reporter letter of April 4, er was “an experienced broadcaster”; and 1966 (received by the Commission on COMMISSION (c) Beamon was “represented by legal April 6, 1966) appears to indicate that counsel long familiar with Commission Keating presently holds 1,000 shares of [Docket Nos. 16678, 16831; FCC 66R-36] processes and requirements.” The most stock (10 percent) and that the balance that can be said against Reporter here of the stock “is being held in escrow by BAY BROADCASTING CO. AND RE­ is that its principals—essentially un­ PORTER BROADCASTING CO. [Reporter’s] -corporate -attorneys”; (b) acquainted with the requirements relat­ attached to Bay’s petition is a copy of a Memorandum Opinion and Order ing to the Commission’s application divorce complaint filed by Willette Enlarging Issues form—attempted to file and subsequently Goodlett against Dr. Goodlett, Reporter’s proposed 45 percent stockholder.5 Pray­ In re applications of Bay Broadcasting 1 Bay’s application was first designated for ing for an interlocutory decree of divorce, Co., San Francisco, Calif., Docket No. hearing by Commission order of June 2, 1966 16678, File No. BPCT-3621; Reporter (FCC 66-501, released June 8, 1966); in a 3 It appears that Reporter did not retain Broadcasting Co., San Francisco, Calif., “by-direction” letter of June 2, 1966, the communications counsel until September 30, Docket No. 16831, File No. BPCT-3562; Commission advised Reporter of a number 1966, after the filing of Bay’s motion to of deficiencies in the Reporter application, enlarge. for Construction permit for new televi­ the letter advising Reporter that to be en­ »For example, should Reporter rely upon sion broadcast station. titled to comparative consideration with the complete integration of one of its 10 1. Bay Broadcasting Co. (Bay) and Re­ Bay it must submit appropriate amend­ percent stockholders, there would have to be porter Broadcasting Co. (Reporter) are ments no later than July 11, 1966. weighed against that showing the possibility competing for a construction permit for 2 Associated pleadings are Bay’s supple­ that the foregoing percentage could shrink UHF television channel 38 in San Fran­ ment of September 29, 1966, the Broadcast substantially. Bureau’s comments in partial support of Oc­ 8 The complaint was filed on Sept. 2, 1966, cisco, Calif. The applications were des­ tober 24, 1966, Reporter’s opposition and in the Superior Court of the State of Cali­ ignated for comparative hearing by statement in partial support of October 24, fornia, in and for the city and county of Commission order released August 31, 1966, and Bay’s reply of November 3, 1966. San Francisco^

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2393 the complaint requests (among other lett has total assets of over $660,000T in­ a financial issue agairist Goodlett, Feigen things) an equitable division of the cluding cash of $81,500, insurance poli­ and Rumford is denied. couple’s community property, including cies cashable at $5,000, and securities Program proposals—preparation and “Investments in television stations in with a declared value of $12,000. Good­ planning. 9. Reporter’s difficulties in amounts known to defendant but un­ lett has total liabilities of $100,000, of perfecting its application have already known to plaintiff.” By virtue of the which $15,000 are current. Even if been referred to, and as the present foregoing factual situations, Bay seeks Goodlett’s securities are disregarded,8 pleadings suggest, Reporter’s various an issue “To determine whether Willette his net current position is $71,500, only programing submissions were among Goodlett and/or the corporation’s at­ $3,500 short of the required figure of those affected. At the time of the Com­ torneys are principals and, if so, to de­ $75,000. Without considering current mission’s “by direction” letter of . June 2, velop information regarding same as assets, Goodlett’s declared fixed and 1966, Reporter’s application, as amended, called for under section II of FCC Form other assets exceed his total liabilities indicated that with a proposed broad­ 301.” The Board agrees with Reporter by well over $400,000. Under such cir­ cast week of (4-12 pjn., daily), it would and the Broadcast Bureau that the pos­ cumstances, the Board has no difficulty have the following percentages as to sible effects of the divorce action are in declaring Goodlett to be financially types of programs:14 Entertainment, completely conjectural; unless and until qualified.9 Bay again raises the ques­ 42.50 percent; Religious, 7.40 percent; there is a decree awarding Mrs. Goodlett tion of the divorce action against Good­ Agricultural, 1.90 percent; Educational, a share of Dr. Goodlett’s interest in Re­ lett. and the suggestion is that Goodlett’s 7.40 percent; News, 7.40 percent; Dis­ porter, there is no basis for regarding her cash and other assets could be reduced cussion, 7.40 percent; Talks, 5.55 per­ as a principal in Reporter’s application. substantially if Mrs. Goodlett prevails cent; Miscellaneous, 5.55 percent; and As to the escrow matter, there is on her pleas. But the merits of such undescribe4 types, 14.90 percent. A pro­ nothing either in Bay’s pleadings or in pleas cannot be determined on the Com­ posed program schedule was contained Reporter's application or amendments mission’s hearing record, and the better in the application, but the programs even slightly suggesting that Reporter’s procedure appears to be to preclude pres­ thereon were not described as to type or corporate attorneys have any present or ent inquiry into the matter in the Com­ class, and Reporter had not furnished potential ownership interest or voting mission’s proceeding.10 the class-analysis required by section rights in the corporation, or that the 7. Dr. Feigen has total assets of over IV, par. 4(b) of the application form. attorneys’ roles are other than to serve as $286,000, including cash of $15,000, in­ 10. As part of its response to the Com- custodians of the stock pending comple­ surance policies cashable at $8,000, and missioji’s letter of June 2, 1966, Re­ tion of Reporter’s financial plans and securities with a declared value of porter, on July 11, 1966, submitted an­ related organizational matters. Accord­ $40,000. Disregarding Feigen^s securities other amendment to its application.18 A ingly, the requested issue is denied in its and disregarding accounts receivable of class-analysis was included in the entirety. $11,000 and notes receivable of $6,000,u amendment and it showed, among other 5. Throughout the processing of Re­Feigen’s nonliquid assets exceed his things, a 53.3-46.7 percent ratio of re­ porter’s application, Reporter repre­ liabilities (of which there are none) by corded-to-live programs, and a 96.6-3.4 sented that it had on deposit with the over $200,000. Bay has not challenged percent ratio of commercial-to-sustain­ Bank of Tokyo in San Francisco the the values placed on such nonliquid as­ ing programs. A new program schedule sum of $10,000. As part of its response sets in Feigen’s balance sheet,12 and, as was included (still, however, for a 56- to a Commission letter of February 7, in Goodlett’s case, there is no realistic hour week), but none of the programs 1966, Reporter submitted copies of a or reasonable basis for adding a financial were described as to class or type. As bank statement of March 31,1966, and a issue against Feigen. previously indicated, the Commission’s deposit slip of April 4, 1966, the state­ 8. Rumford has total assets of over designation order in this proceeding was ment showing a cash balance of $681.55 $328,000, including cash of $25,500, in­ released on August 31, 1966. The desig­ and the deposit slip reflecting a deposit surance policies cashable at $5,000, and nation order noted Reporter’s deficiency of five checks in a total amount of $7,000. securities with a declared value of nearly with respect to program classification, In light of the foregoing unexplained $100,000. His liabilities total to $46,500, and directed Reporter (within 20 days inconsistencies, the Board believes that of which $15,300 are current, and Rum- of the release date of the order) to inquiry into the matter is warranted, ford’s nonliquid assets exceed his total amend its application to furnish “the and an appropriate issue is added herein. liabilities by nearly $100,000. Accord­ information required by section IV-B, Bay has requested an issue in the fore­ ingly, unless Rumford has grossly over-­ page 4, FCC Form 301.” 18 In an appar­ going respect in the context of “legal” valued his securities and his fixed assets,18 ent effort to comply with the designation qualifications, and has not suggested he should have no difficulty in meeting order, Reporter submitted a proposed that the facts should be considered as. a his commitment to the applicant. Based amendment under cover of a letter matter of “character” or “requisite” on all of the foregoing, Bay’s request for (dated Sept. 8, 1966) received by the qualifications. Although the Board is Commission on September 9 ,1966.17 The not associating a conclusionary issue with the added factual issue, the Ex­ 7 For convenience, the Board has used ap­ 14 See resubmitted application of May 3, proximate and rounded-off figures in this and 1965, and amendment of Apr. 6, 1966. aminer is not precluded from drawing the next two paragraphs. “ The amendment was returned to the whatever conclusions (from either an 8 In the designation order in this proceed­ applicant by Commission letter of July 13, absolute or comparative standpoint) are ing (FCC 66-501) the Commission indicated 1966, and resubmitted on July 27, 1966. warranted by the facts adduced.® at par. 2(2) that applicants have a duty to “ The page referred to defines the various Financial qualifications. 6. The finan­ disclose “the exchange, if any, upon which classes of programs, such as commercial, cial issues as to Reporter already in the their securities are listed.” This informa­ sustaining, recorded, local live, etc. tion has not been supplied in Reporter’s 17 On Sept. 20, 1966, Bay filed a “Motion To proceeding are of an Ultravision nature, application. Reject Amendment and To Dismiss Applica­ the Commission raising no question as to 8 “Where a small amount of money must be tion,” requesting therein that the Commis­ the availability of the $10,000 specified obtained from a large amount of nonliquid sion (as opposed to the Hearing Examiner) assets, the Board will not add a financial act on the motion. Thereafter, Reporter as existing capital and stating that the qualifications issue.” United Artists Broad­ retained Washington communications coun­ three stockholders proposing loans of casting, Inc., FCC 64R-551, 4 RR 2d 453. sel, and such counsel, on Oct. 11, 1966, filed $75,000 each “appear to be financially “ However, § 1.65 of the Commission’s rules a “Petition for Leave To Amend Applica­ requires applicants to report substantial tion”; this petition also requested action by qualified to meet their commitments.” changes in information set forth in pending the Commission. Subsequently, the motion The three proposed lenders are Drs. applications. and the petition, and the related pleadings Goodlett and Feigen and Mr. Rumford, “ These items cannot.be considered in the were referred to the Hearing Examiner for absence of a showing as to how they would action. The Examiner has not yet passed on and Bay seeks an issue designed to test be used to provide the necessary funds (see either request, and therefore the amend­ the foregoing determination. Dr. Good- FCC Form 301, section III, par. 4d). ment involved has been neither accepted nor 12 Similarly, Bay has not challenged the fig­ rejected. The Board’s action with respect to 0 Conceivably, the facts adduced might also ures set forth in the Goodlett and Rumford the instant motion to enlarge issues is with­ e relevant to the question of Reporter’s balance sheets. out prejudice to whatever action the Ex­ nancial qualifications, a matter already in 13 Again, there is no allegation or sugges­ aminer deems appropriate with respect to the issue. tion by Bay that he has. matters before him.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2394 NOTICES proposed amendment repeats the pro­ 12. Reporter’s opposition pleadingReporter is underspending. Accord­ gram schedule contained in Reporter’s does not oppose a comparative program­ ingly, for want of sufficient and persua­ amendment of July 11,1966 (see note 15, ing issue; on the contrary, it counterat­ sive factual allegations, Bay’s request for supra), but each program is now de­ tacks with claims that the “distinguish­ a technical-facilities issue is denied. scribed as to type (entertainment, news, ing characteristic [of Bay’s proposal] Comparative coverage. 15. Alleging talk, etc.) and as to class (local live, seems to be heavy concentration on tele­ that its proposed grade A and grade B recorded, commercial, etc.). But where­ casts of athletic events”, while Reporter contours would extend ten miles beyond as Reporter had previously proposed (for “proposes a vibrant new service pri­ Reporter’s corresponding contours, Bay example) educational and religious pro­ marily designed to serve the needs of seeks three issues of a comparative- grams in the amount of 7.40 percent various minority groups in the Bay coverage nature. Bay’s technical show­ each, and agricultural' programs in the area”. However, the foregoing assess­ ing (contained in its supplement of amount of 1.90 percent, none of the pro­ ment of Reporter’s proposal finds little Sept. 29, 1966) which utilizes population grams in the schedule are described in (if any) support in the application and data published by the California Depart­ amendments submitted by Reporter’s the proffered amendment as being of ment of Finance, is not disputed by Re­ principals. Aside from its proposed porter. Among other things, the show­ those types.18 “Chinese Hour” (Sunday, 7:39-8:30 p.m., ing indicates the following figures for 11. After reciting the substance of thedescribed as “LC Variety-Ent.”) , and its unshadowed (by terrain) land areas above, Bay requests three programing proposed “Spanish American Hour (Sat­ within the respective theoretical con­ issues relating to Reporter’s proposal. urday, 7-8 p.m., described as “LC Vari­ tours: In large measure the requested issues add ety”) , there is nothing in Reporter’s schedule suggesting that Reporter pro­ Contour Bay Reporter up (in part) to a Suburban Issue,1® and poses other than general-service (as op­ the Board is of the view that such an posed to specialized) programing. To Grade A area (sq. mi.)...... 2,210 2,105 issue is warranted by the substantial and add comparative-programing or special­ Grade B area (sq. m i,)..____ 3,040 i 2,955 ized-programing issues on the basis of 2,268,200 2,050,810 unexplained changes in Reporter’s pro­ Grade B population______2,418,600 2,210,100 posals. Thus, Reporter has apparently the scant and unsupported allegations presently before us would be, in the completely eliminated educational and Board’s view, clearly inconsistent with From the above table it can be deter­ agricultural programs, and has similarly the Commission’s pronouncements in mined that Bay’s Grade A contour would eliminated or greatly reduced its religious Policy Statement on Comparative Broad­ enclose 8.65 percent more persons than proposals. The Board believes that in cast Hearings, 1 FCC 2d 393, 5 RR 2d Reporter’s, and that Bay’s edge as to the the absence of a satisfactory showing as 1901, discussed in the Adirondack and Grade B contours would be 9.43 percent. In the Board’s view, the foregoing differ­ to the factors and circumstances dictat­ Chapman cases cited above. In view of all of the above, the requests for such ences are sufficient to permit evidentiary ing the changes, programing revisions of issues in the pleadings before us are inquiry on the coverage factor. Accord­ such magnitude warrant evidentiary in­ denied. ingly, the Examiner is hereby authorized quiry. See Charlottesville Broadcasting Equipment and technical facilities to adduce the pertinent evidence under Corp., 1 FCC 2d 1323, 6 RR 2d 744 (Rev. proposed. 13. Bay states that whereas the standard comparative issue. See Bd., 1965). Accordingly, an appropriate it has proposed total construction costs Adirondack Television Corp., FCC 66R- 400,5 FCC 2d 376. Bay’s technical show­ Suburban issue is added herein. In the of $904,735, including $273,500 for studio technical equipment, Reporter has pro­ ing also provides the figures for land remainder, Bay’s requests for program­ posed total costs of only $385,000, budget­ areas within the theoretical contours ing issues constitute a request for a ing only $89,585 for studio technical irrespective of terrain shadows. Bay’s comparison of its own proposal with Re­ equipment. Bay admits of the possi­ consulting engineer asserts that the fig­ porter’s, the comparison to extend to bility “that a television station could ures in the above table represent “the preparation and planning as well. But, be constructed within the budget of Re­ approximate practical limit of service porter”, but alleges “that such a station due to shadowing by hilly terrain based aside from suggesting that its own pro­ would be equipped with a bare minimum upon the reported reception of Channel graming represents better “program bal­ of facilities, particularly in the studio 7 which utilizes the same site”.20 ance” and that it has engaged in “careful room.” Arguing (a) that Reportexj>ro- 16. Finally, here, it appears from the and assiduous preparation and plan­ poses 26 hours of local live programing second of Bay’s requested coverage issues per week, (b) that several of the live that Bay may be contemplating evidence ning,” Bay has set forth nothing con­ establishing that Bay would reach with cerning such programing and prepara- programs “appear to be substantial un­ dertakings”, and (c) that “in a number an aural-only signal areas and popula­ tional efforts. As a result, Bay’s showing of instances two local live programs are tions which Reporter would not. Bay has is even less than that before the Board scheduled back-to-back”, Bay requests offered no support for the proposition in Adirondack Television Corp., 5 FCC the Board to add an issue inquiring as to that a coverage preference can properly 2d 170, PCC 66R-381, where the Board, whether Reporter “can effectuate the be based on less than complete (aural after summarizing the Commission’s type of Operation proposed with the and visual) coverage, and evidence on equipment and technical facilities pro­ the point in question should be rejected policy with respect to comparative pro­ posed.” by the Examiner.21 graming matters, denied a similar re­ 14. As the Board reads the Commis­ For the reasons stated above: It is quest. See, also, Chapman Radio and sion’s Policy Statement, supra, inquiry ordered, This 30th day of January 1967, Television Co., 5 FCC 2d 416, FCC as to the adequacy of studios or technical that the motion to enlarge issues, filed by 66R-412. equipment can be permitted only upon a Bay Broadcasting Co. on September 22, showing by the petitioning party that 1966, is granted in part and denied in the remainder. 18 The schedule proposes “Religion” as a its opponent has “a serious deficiency” in program on Sunday (15 min.), Tuesday (5 the foregoing respect and will be unable min.), Thursday (5 min.) and Saturday (10 "Depending upon the basis for the deter­ m in.); in each case, however, the program is to carry out its programing proposals. mination, the shadowing effect upon the UHF described as a “talk” program. Even if the It is clear to the Board that the Com­ signal would not necessarily duplicate the programs should properly be described as mission contemplated allegations more shadowing effect upon the VHF signal. “religious,” the time involved would calcu­ 21 Conceivably there is a typographical er­ late to only 1.04 percent of the broadcast specific and persuasive than the general­ ror in the requested issue, Bay having meant week—a substantial drop from the 7.40 per­ ized, speculative and conclusionary actual service and not aural service. How­ cent previously proposed. statements advanced by Bay. As Re­ ever, Bay has submitted no corrective amend­ 19 See Suburban Broadcasters, 30 PCC 1021, porter points out, Bay’s budget-compari­ ment, and, to save confusion on the point, 20 RR 951 (1961), affirmed sub nom. Henry v. the Board has deemed it advisable to allow F.C.C., 112 U.S. App. D.C. 257, 302 P. 2d 191, sons are meaningless, and they as much for the possibility that Bay intended the cert, denied, 371 U.S. 821 (1962). support that Bay is overspending as that word actually used.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2395

It is further ordered, That the issues The Hearing Examiner has for con­ for January 30, 1967, is continued to in this proceeding are enlarged to include sideration a Motion to Dismiss With Prej­ March 16,1967. the following: udice the application of D & T Broad­ Released: January 31,1967. To determine the dates and amounts casting Co., filed on January 6, 1967, by of all deposits in and withdrawals from Service Communications, Inc., together F ederal Communications the account of Reporter Broadcasting with Comments thereon filed by the Commission, Co. in the Bank of Tokyo, San Francisco, Broadcast Bureau. No responsive plead­ [ seal] B en F. Waple, Calif., and the facts and circumstances ing has been filed by D & T within the Secretary. relating to Reporter Broadcasting Co.’s time provided by the Commission rules; [F.R. Doc. 67-1302; Filed, Feb. 2, 1967; representations to the Commission con­ It appearing, that D & T has not filed a 8:50 a.m.] cerning such account. notice of appearance, although specifi­ To determine the efforts made by Re­ cally directed to do so by the order des­ [Docket Nos. 17065,17066; FCC 67M-163] porter Broadcasting Co. to ascertain the ignating its application for hearing; has needs and interests of the area it proposes not appeared at a prehearing confer­ STEPHEN VAUGHAN & ASSOCIATES to serve, and the manner in which it ence convened on January 5, 1967; and AND MULTIVISION NORTHWEST, would meet such needs and interests. has demonstrated no interest in the pros­ INC. Released: January 31,1967. ecution of its application; It further appearing, that in such cir­ Order Continuing Prehearing F ederal Communications cumstances Rule 1.221(c) provides that Conference Commission,22 the nonparticipating “application will [seal] B e n F.W aple, In re petitions by Stephen Vaughan & Secretary. be dismissed with prejudice for failure Associates, Cleveland, Tenn., Docket No. to prosecute”; 17065, File No. CATV 100-7; Multivision [PB. Doc. 67-1299; Filed, Feb, 2, 1967; It further appearing, that the dis­ 8:50 a.m.] Northwest, Inc., Dalton, Ga., Docket No. missal of the D & T application will moot 17066, File No. CATV 100-73; for au­ all of the designated issues except so thority pursuant to § 74.1107 to operate [Docket Nos. 16476-16478; FCC 67M-162] much of issue No. 1 as purports to apply CATV systems in Cleveland and Dalton. to the Service application: The Hearing Examiner having under ARTHUR A. CIRILLI ET AL. It is ordered, This 30th day of Jan­ consideration a motion for continuance Order Regarding Further Prehearing uary 1967, that the subject motion is of prehearing conference and hearing Conference granted; the application of D & T Broad­ filed January 30, 1967, by Rust Craft casting Co. is dismissed with prejudice; Broadcasting of Tennessee, Inc.; In re applications of Arthur A. Cirilli, and that the present hearing schedule It appearing, that said motion is based Trustee in Bankruptcy (WIGL), Supe­ is affirmed, with the evidence to be ad­ on the pending petition for reconsidera­ rior, Wis., Docket No. 16476, File No. BR- duced being limited to so much of issue tion filed on January 27,1967, by Stephen 4080, BRRE-7740, for renewal of license No. 1 as purports to apply to the appli­ Vaughan & Associates, the petition to in­ of station WIGL,* Quality Radio, Inc. cation of Service Communications, Inc., tervene filed January 26, 1967, by Jay (WAKX), Superior, Wis., Docket No. and an appropriate affidavit on behalf of Sadow and other pleadings which may 16477, File No. BP-16497, for construc­ Service Communications, Inc. relating affect both the issues and parties herein: tion permit,* Arthur A. Cirilli, Trustee in to what, if any, communications or con­ It is ordered, This 30th day of Janu­ Bankruptcy (Assignor) a n d D.L.K. sideration passed between itself and ary 1967, that said motion for con­ Broadcasting Co., Inc. (Assignee), Dock­ D & T Broadcasting Co. relative to D & T’s tinuance is granted and the prehearing et No. 16478, File No. BAL-5627, BALRE- failure to prosecute its application. conference herein presently scheduled for 1336, for assignment of license of sta­ Released: January 30,1967. January 31, 1967, is continued to March tion WIGL. 2, 1967, commencing at 9 ajn. in the of­ On the Hearing Examiner’s own mo­ F ederal Communications tion: It is ordered, This 31st day of Jan­ fices of the Commission at Washington, Commission, D.C. and the hearing presently scheduled uary 1967, that a further prehearing con­ [seal] B en F. W aple, for February 6, 1967, is continued to a ference will be held on February 17, Secretary. 1967, at 10 a.m., in the offices of the Com­ date to be subsequently specified. mission, Washington, D.C., for the re­ [F.R. Doc. 67-1301; Filed, Feb. 2, 1967; Released: January 31,1967. scheduling of procedural dates in prep­ 8:50 a.m.] F ederal Communications aration for the hearing and for con­ Commission, sideration of other appropriate matters [Docket No. 16980; FCC 67M-161] [seal] B en F. Waple, related thereto. Secretary. MADISON COUNTY BROADCASTING Released: January 31,1967. [F.R. Doc. 67-1303; Filed, Feb. 2, 1967; CO., INC. (WRTH) Federal Communications 8:50 a.m.] Commission, Order Continuing Prehearing [seal] Ben F. Waple, Conference Secretary. [F.R. Doc. 67-1300; Filed, Feb. 2, 1967; In re application of Madison County FEDERAL HOME LOAN BANK BOARD 8:50 ajn.] Broadcasting Co., Inc. (WRTH), Wood [No. 20,431] River, HI., Docket No. 16980, File No. BP- STATEMENT OF POLICY [Docket Nos. 17026, 17027; FCC 67M-155] 16612; for construction permit. D & T BROADCASTING CO. AND The Hearing Examiner having under Rescission SERVICE COMMUNICATIONS, INC. consideration a petition for continuance J anuary 30, JL967. of prehearing conference filed January Order Concerning Issues Whereas by Federal Home Loan Bank 26, 1967, by Madison County Broadcast­ Board Resolution No. 20,372, dated De­ fn re applications of. D & T Broad- ing Co., Inc.; cember 28, 1966, and duly published in ^no g Co-’ Dumas, Ark., Docket No. It appearing, that due to developments the F ederal R egister on December 31, 17026, File No. BP-16729; Service Com- in the case a continuance of the prehear­ 1966 (31 F.R. 16802), this Board deter­ mumcations, Inc., Augusta, Ark., Dock­ mined to rescind its statements of policy et No. 17027, File No. BP-17040; for con­ ing conference is advisable and has the and terminate its policy of restricting struction permits. consent of all parties: advances to member institutions of the It is ordered, This 30th day of Janu­ Federal Home Loan Bank System. stalrdngCW Boarc* Member Berkemeyer ab- ary 1967, that the aforesaid petition is Now, therefore, it is hereby resolved granted and the conference scheduled that Federal Home Loan Bank Board

FEDEgAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2396 NOTICES

Resolution No. 20,218, dated October 5, such statement should also be forwarded mission jurisdiction, as set forth in Ap­ 1966, is hereby rescinded. to the party filing the agreement (as in­ pendix A hereof. It is further resolved that the Secre­ dicated hereinafter) and the comments The proposed changed rates and tary to the Board is hereby directed to should indicate that this has been done. charges may be unjust, unreasonable, un­ transmit a copy of the foregoing state­ Notice of intent to cancel agreement duly discriminatory, or preferential, or ment approved by this Board to the Office 9310 filed by: otherwise unlawful. of the Federal Register for publication. Mr. James F. O’Donnell, president, Monitor The Commission finds: It is in the By the Federal Home Loan Bank Steamship Agency, Inc., 2 Pine Street, San public interest and consistent with the Board. Francisco, Calif. 94111. Natural Gas Act that the Commision enter upon hearings regarding the law­ [seal] G renville L. Millard, Jr., Agreement 9310, approved December fulness of the proposed changes, and that Assistant Secretary. 28, 1964, between Splosna Plovba, Jugo- the supplements herein be suspended and [PJt. Doc. 67-1309; Filed, Feb. 2, 1967; slavenska Oceanska Plovidba and At- their use be deferred as ordered below. 8:51 a.m.] lantska Plovidba covers the establish­ The Commission orders: ment and maintenance by the parties of (A) Under the Natural Gas Act, par­ sailings in a joint Round the World Serv­ ticularly sections 4 and 15, the regula­ ice. tions pertaining thereto (18 CFR Ch. I), Dated: January 31,1967. and the Commission’s rules of practice FEDERAL MARITIME COMMISSION and procedure, public hearings shall be By order of the Federal Maritime Com' held concerning the lawfulness of the SPLOSNA PLOVBA ET AL. mission. proposed changes. T homas Lis i, Notice of Proposed Cancellation of Secretary. (B) Pending hearings and decisions Agreement thereon, the rate supplements herein are [F.R. Doc. 67-1244; Filed, Feb. 2, 1967; suspended and their use deferred until Notice is hereby given that a request 8:46 a.m.] date shown in the “Date Suspended for cancellation of the following agree­ Until” column, and thereafter until made ment, pursuant to section 15 of the Ship­ effective as prescribed by the Natural Gas ping Act, 1916, as amended (39 Stat. 733, Act. 75 Stat. 763; 46 U.S.C. 814), has been filed FEDERAL POWER COMMISSION (C) Until otherwise ordered by the with the Commission. [Docket No. RI67-263 etc.] Commission, neither the suspended sup­ Interested parties may inspect and ob­ plements, nor the rate schedules sought tain a copy of the agreement at the PETROLEUM, IN C, ET A L to be altered, shall be changed until dis­ Washington office of the Federal Mari­ Order Providing for Hearings on and position of these proceedings or expira­ time Commission, 1321 H Street NW., tion of the suspension period. Suspension of Proposed Changes in Room 609; or may inspect agreements at (D) Notices of intervention or peti­ the offices of the District Managers, New Rates 1 tions to intervene may be filed with the York, N.Y., New Orleans, La., and San J anuary 26, 1967. Federal Power Commission, Washington, Francisco, Calif. Comments with refer­ The Respondents named herein have D.C. 20426, in accordance with the rules ence to an agreement including a request filed proposed increased rates and of practice and procedure (18 CFR 1.8 for hearing, if desired, may be submitted charges of currently effective rate sched­ and 1.37(f) ) on or before March 15,1967. to the Secretary, Federal Maritime Com­ ules for sales of natural gas under Com­ mission, Washington, D.C. 20573, within By the Commission. 20 days after publication of this notice 1Does not consolidate for hearing or dis­ [ seal] Gordon M. Grant, in the Federal R egister. A copy of any pose of the several matters herein. Acting Secretary.

A ppendix A

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

RI67-263™ Petroleum Inc. (Op­ 34 4 Northern Natural Gas Co. (Sitka $401 12-27-66 81-27-67 6-27-67 •16.0 8 * « 8 17.0025 erator) et al., 300 Field, Clark County, Kans,). . West Douglas, Wichita, Kans. 67202. RI67-264... Senaca Oil Co., 3022 3 6 Northern Natural Gas Co. (South­ 250 1- 3-67 *2- 3-67 7- 3-67 -U6.5 8 4 1 17.5 ■ RI62-178. Northwest High­ east Dower Field, Beaver County, way, Oklahoma Okla.) (Panhandle Area). City, Okla. 73112. RI67-265__ Frederic C. and 20 1 J. C. Wynne d.b.a. The Bering Co. 61 1- 3-67 82- 3-67 *6- 1-67 10.5 < w U. 5 Ferris F. Hamilton (Horizon Field, Ochiltree County, d.b.a. Hamilton Tex.) (R.R. District No. 10). Brothers, Ltd., 1517 Petroleum Club Bldg., Denver, Colo. 80202. RI67-266— Claud B. Hamill, 8 1 Natural Gas Pipeline Co. of Amer­ 2,738 12-30-66 82- 1-67 7- 1-67 • h 15.0 8 8 o 16.0 2306 First City ica (Spanish Camp Field, Whar- National Bank ten County, Tex.) (R.R. District Bldg., Houston, No. 3). Tex. 77002. »

3 The stated effective date is the effective date requested by Respondent. 8 The stated effective date is the first day after expiration of the statutory nptfco- * Periodic rate increase. • Or, until such future date as the buyer makes its related increased rate effective in * Pressure base is 14.65 p.s.i.a. Docket No. RI67-222. ,. n 5 Includes 0.0025 cent partial reimbursement of assessment by Kansas State Board w Revenue-sharing rate increase. Seller contractually receives 6.0 cents less tnan of Health. buyer’s resale rate. --¡s-t. « Subject to a downward B.t.u. adjustment. 11 Initial service rate. 7 Includes 1.0 cent paid to seUer for relinquishing right to process gas.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2397

Frederic C. and Perris P. Hamilton doing [Docket No. RI67-268 etc.] til” column, and thereafter until made business as Hamilton Brothers, Ltd. (Ham­ effective as prescribed by the Natural Gas ilton) , proposes a revenue-sharing increase in M. F. POWERS ESTATE ET A L Act: Provided, however, That the supple­ rate from 10.5 cents to 11.5 cents per Mcf for a sale of gas to J. C. Wynne doing business as Order Providing for Hearing on and ments to the rate schedules filed by Re­ The Bering Co. (Bering) from the Horizon Suspension of Proposed Changes in spondents, as set forth herein, shall be­ Field, Ochiltree County, Tex. (Railroad Dis­ Rates, and Allowing Rate Changes come effective subject to refund on the trict No. 10). Bering gathers and compresses date and in the manner herein prescribed To Become Effective Su b ject to the gas and resells it to Northern Natural if within 20 days from the date of the is­ Gas Co. Bering’s related increased resale Refund 1 suance of this order Respondents shall rate of 17.5 cents per Mcf is currently sus­ January 26,1967. each execute and file under its above- pended until June 1, 1967, in Docket No. The Respondents named herein have designated docket number with the Sec­ RI67-222. Hamilton is contractually entitled filed proposed changes in rates and retary of the Commission its agreement to receive a rate which is 6.0 cents less than charges of currently effective rate sched­ and undertaking to comply with the re­ Bering’s resale rate. Hamilton’s rate there­ ules for sales of natural gas under Com­ funding and reporting procedure re­ fore is directly geared to the resale rate. mission jurisdiction, as set forth in Ap­ quired by the Natural Gas Act and pendix A hereof. § 154.102 of the regulations thereunder, Hamilton’s proposed rate also exceeds the The proposed changed rates and accompanied by a certificate showing area increased rate ceiling as set forth in charges may be unjust, unreasonable, service of copies thereof upon all pur­ the Commission’s statement of general policy unduly discriminatory, or preferential, or chasers under the rate schedule involved. No. 61-1, as amended, even though such ceil­ otherwise unlawful. Unless Respondents are advised to the ing is applicable to Bering’s resale rate, not The Commission finds: It is in the pub­ contrary within 15 days after the filing Hamilton’s rate. Hamilton has requested lic interest and consistent with the Nat­ of their respective agreements and that its increase be made effective on the ural Gas Act that the Commission enter undertakings, such agreements and un­ same date as the related increase of Bering. upon hearings regarding the lawfulness dertakings.shall be deemed to have been Since Bering’s resale rate was suspended by of the proposed changes, and that the accepted. the Commission’s order issued December 20, supplements herein be suspended and (C) Until otherwise -ordered by the 1966, in Docket No. RI67-222, until June 1, their use be deferred as ordered below. Commission, neither the suspended sup­ 1967, and thereafter until made effective in The Commission orders: plements, nor the rate schedules sought the manner prescribed by section 4(e) of the (A) Under the Natural Gas Act, par­ to be altered, shall be changed until dis­ Natural Gas Act, we conclude that Hamilton’s ticularly sections 4 and 15, the regula­ position of these proceedings or expira­ rate should be suspended until June 1, 1967, tions pertaining thereto (18 CFR ch. I), tion of the suspension period. or such future date as the buyer’s related in­ and the Commission’s rules of practice (D) Notices of intervention or peti­ creased rate is made effective in Docket No. and procedure, public hearings shall be tions to intervene may be filed with the RI67-222. held concerning the lawfulness of the Federal Power Commission, Washington, All of the producers’ proposed increased proposed changes. D.C. 20426, in accordance with the rules rates and charges exceed the applicable area (B) Pending hearings and decisions of practice and procedure (18 CFR 1.8 price levels for increased rates as set forth thereon, the rate supplements herein are and 1.37(f) ) on or before March 15,1967. in the Commission’s statement of general suspended and their use deferred until policy No. 61-1, as amended (18 CFR 2.56). date shown in the “Date Suspended Un­ By the Commission. [F.R. Doc. 67-1261; Piled, Peb. 2, 1967; 1 Does not consolidate for hearing or dispose [seal] G ordon M. Grant, 8:45 a.m.] of the several matters herein. Acting Secretary.

A ppendix A

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

RI67-268.. M. F. Powers Estate, 29 1 Cities Service Gas Co. (Kansas Hugo- $56 1-3-67 «2-3-67 4 2-4-67 712.0 5 9 7 13.0 Post Office Box ton Field, Kearny County, Kans.). 1733, Tulsa, Okla. 74102. ÜI67-269- . Texaco Inc., Post 242 5 Panhandle Eastern Pipe Line Co. 4 1-3-67 «2-3-67 «2-4-67 12.0 • 912.0025 RI66-397. Office Box 52332, (Hugoton Field, Stevens County, Houston, Tex. Kans.). 77052.

2 Basic contract dated after Sept. 28,1960, the date of issuance of the Commission’s 9 Pressure base is 14.65 p.s.i.a. General Policy Statement No. 61-1. 7 Subject to a downward B.t.u. adjustment. i stated effective date is the first day after expiration of the statutory notice. 8 Tax reimbursement increase. Reflects partial reimbursement of assessment by ! i . suspension period is limited to 1 day. Kansas State Board of Health. 5 Periodic rate increase. M. F. Powers Estate (Powers) requests an September 28, 1960, the date of issuance of The proposed increased rate submitted by effective date of January 15, 1967, for its pro­ the Commission’s statement of general policy Texaco exceeds the applicable area rate ceil­ posed rate increase. Texaco, Inc. (Texaco) No. 61-1, as amended, and the proposed in­ ing for Kansas. However, since the filing requests an effective date of January 1, 1967. creased rate is above the applicable area relates only to a tax reimbursement in­ Good cause has not been shown for waiving ceiling for increased rates but below the crease, we conclude that such increase should the 30-day notice requirement provided in initial service ceiling for the area involved. be suspended lor one day from February 3, section 4(d) of the Natural Gas Act to permit We believe, in this situation, Powers’ rate 1967, the date of expiration of the statutory earlier effective dates for Powers and Texaco’s notice. fllinSs an<* such requests are denied. filings should be suspended for one day The contract related to the rate filing pro­ from February 3, 1967, the date of expiration [F.R. Doc. 67-1262; Piled, Feb. 2, 1967; posed by Powers was executed subsequent to of the statutory notice. 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 No. 23—Pt. I----- 6 2398 NOTICES [Docket No. G-15298, etc.] Docket No. and Price per Pres­ J. LEE YOUNGBLOOD ET AL. date filed Applicant Purchaser, field, and location Mcf sure Notice of Applications for Certificates, base Abandonment of Service and Peti­ G-15298...... J. Lee Youngblood (successor to Colorado Interstate Gas Co., Keyes »15.0 14.65 E 1-18-67 L. S. Youngblood), Post Office Field, Cimarron County, Okla. tions To Amend Certificates 1 Box 1865, Dallas, Tex. 75221. G-16867...... Piney Point Petroleums, Opera- United Gas Pipe Line Co., Northwest 15.0 14.65 J anuary 26, 1967. E 1-18-67 tor (successor to Tenneco Oil Corpus Field, Nueces County, Tex. Co. (Operator) et al.), 206 Take notice that each of the Applicants Southwest Tower, Houston, listed herein has filed an application or Tex. 77001. petition pursuant to section 7 of the CI60-392...... Mobil Oil Corp., Post Office Box Tennessee Gas Pipeline Co., a division Depleted, D 1-16-67 2444, Houston, Tex. 77001 of Tenneco, Inc., Northwest Chalk- Natural Gas Act for authorization to sell (partial abandonment). ley Field, Calcasieu Parish, La. natural gas in interstate commerce or to CI63-55...... Texaco Inc., Post Office Box Arkansas Louisiana Gas Co., Marlow 15.0 14.65 C 1-16-67 52332, Houston, Tex. 77052. Field, Stephens County, Okla. abandon service heretofore authorized C163-1396_____ Little Nick Oil Co. (Operator) Arkansas Louisiana Gas Co., acreage 12.0 14.65 as described herein, all as more fully de­ A 5-13-63 et al., 515 Petroleum Bldg., in Grady County, Okla. scribed in the respective applications and Chickasha, Okla. 73018. CI63-1415- ...... Tenneco Oil Co., Post Office Box Northern Natural Gas Co., Kiowa m amendments which are on file with the D 1-17-67 2511, Houston, Tex. 77001 Creek Field, Lipscomb County, Commission and open to public inspec­ (partial abandonment). Tex. CI64-841______St. Clair Oil Co., St. Clairsville, Equitable Gas Co., Skin Creek Dis- 26.0 tion. C 12-8-66 Ohio 43950. trict, Lewis County, W. Va. 15.325 Protests or petitions to intervene may C164-1387_____ Sun Oil Co.3 (Southwest Divi­ El Paso Natural Gas Co., Coyanosa 16.5 14.65 C 11-22-66 sion), 1608 Walnut St., Phila­ Field, Pecos County, Tex. be filed with the Federal Power Commis­ delphia, Pa. 19103. sion, Washington, D.C. 20426, in accord­ C166-1295...... J. M. Huber Corp., 2401 East Northern Natural Gas Co., Mocane »17.0 14.65 C 1-17-67 Second Ave., Denver, Colo. Field, Beaver County, Okla. ance with the rules of practice and pro­ 80206. cedure (18 CFR 1.8 or 1.10) on or be­ CI67-204______Anadarko Production Co., Post Panhandle Eastern Pipe Line Co., 14.0 1165 C 1-18-67 Office Box 9317, Fort Worth, Panoma Council Grove Field, fore February 16, 1967. Tex. 76107. Stevens and Grant Counties, Kans. Take further notice that, pursuant to C167-841...... Carl Perkins, Route No. 3, Equitable Gas Co., Clay District, 25.0 15.325 the authority contained in and subject to A 1-6-67 Pennsboro, W. Va. 26415. Ritchie County, W. Va. CI67-855...... Michael V. Kelly (Operator) et United Gas Pipe Line Co., acreage in 14.0 14.65 the jurisdiction conferred upon the Fed­ A 1-12-67 al., 1412 Americana Bldg., Fort Bend County, Tex. eral Power Commission by sections 7 and Houston, Tex. 77C02. CI67-856...... Platco Corp., Suite i911, Tower Lake Shore Pipe Line Co.. Bushnell 27.0 15.025 15 of the Natural Gas Act and the Com­ A 1-12-67 Bldg., 1700 Broadway, Denver, (Pennsylvania) Field, Erie County, mission’s rules of practice and procedure, Colo. 80202. Pa. G167-857______Earl Clayton and J. M. Hawley, Phillips Petroleum Co., West Pan­ 12.0 14.65 a hearing will be held without further A 1-13-67 Individually and as Independ­ handle Field, Gray County, Tex. notice before the Commission on all ap­ ent Executor and Trustee of the Estate of W. H. Taylor, plications in which no protest or petition Deceased, 1100 Oil & Gas to intervene is filed within the time re­ Bldg., Wichita Falls, Tex. quired herein if the Commission on its 76307. CI67-858...... Coastal States Gas Producing South Texas Natural Gas Gathering Depleted own review of the matter believes that a B 1-12-67 Co., Post Office Box 521, Co., North.Sun Field, Starr County, grant of the certificates or the authoriza­ Corpus Christi, Tex. 78403. Tex. C167-859...... L. B. Horn (Operator) et al., Coastal States Gas Producing Co., Depleted tion for the proposed abandonment is B 1-13-67 642 Milan Bldg., San Antonio, and Southern Coast Corp., A & H required by the public convenience and Tex. 78205. Field, Duval County, Tex. CI67-860...... Sun Oil Co. (Southwest Division).. Northern Natural Gas Co., Perryton 4 18.7 14.65 necessity. Where a protest or petition A 1-13-67 Field, Ochiltree County, Tex. for leave to intervene is timely filed, or CI67-861______Continental Oil Co., Post Office Tennessee Gas Pipeline Co., a Divi­ 19.5 15.025 where the Commission on its own motion A 1-16-67 Box 2197, Houston, Tex. 77001. sion of Tenneco, Inc., Ship Shoal Block 169 Field, Offshore Louisiana. believes that a formal hearing is re­ CI67-862______Tidewater Oil Co., Post Office Tennessee Gas Pipeline Co.,a division 19.5 15.025 quired, further notice of such hearing A 1-16-67 Box 1404, Houston, Tex. 77001. of Tenneco, Inc., Ship Shoal Block 169 Field, Offshore Terrebonne Par­ will be duly given: Provided, however, ish, La. That pursuant to § 2.56, Part 2, State­ CI67-863...... H- Tex, Inc., 919 Americana Bldg., United Gas Pipe Line Co., East Bas- 21.25 15.025 A 1-16-67 Houston, Tex. 77002. tian Bay Field, Plaquemines Parish, ment of General Policy and Interpreta­ La. tions, Chapter I of Title 18 of the Code CI67-864...... Cities Service Oil Co., Cities Tennessee Gas Pipeline Co., a divi­ 19.5 15.025 A 1-16-67 Service Bldg., Bartlesville, sion of-Tenneco, Inc., Ship Shoal of Federal Regulations, as amended, all Okla. 74003. Block 169 Field, Offshore Terrebonne permanent certificates of public con­ Parish, La. venience and necessity granting applica­ CI67-866...... Phillips Petroleum Co., Bartles­ /Panhandle Eastern Pipe Line Co., »17.0 14.65 A 1-16-67 ville, Okla. 74003. Permian (Council Grove) Field,. tions, filed after April 15, 1965, without Beaver County, Okla. further notice, will contain a condition CI67-867...... Sinclair Oil & Gas Co., Post Southern Natural Gas Co., East 15.0 15.025 A 1-16-67 Office Box 521, Tulsa, Okla. Franklin Field, St. Mary Parish, precluding any filing of an increased rate 74102. La. at a price in excess of that designated CI67-868______Atlantic Richfield Co., Post Tennessee Gas Pipeline Co., a division 19.5 15.025 A 1-17-67 Office Box 2819, Dallas, Tex. of Tenneco, Inc., Ship Shoal Block for the particular area of production for 75221. 169 Field, Terrebonne Parish, La. the period prescribed therein unless at CI67-869...... Sinclair Oil & Gas Co______Cities -Service Gas Co., Hugoton Depleted the time of filing such certificate appli­ B 1-16-67 Field, Finney County, Kans. CI67-871...... Huisache Operating Co. (Opera­ Banquete Gas Co.,a division of Crest- 12.0 14.65 cation, or within the time fixed herein A 1-18-67 tor), et al., 2010 The 600 Bldg., mont Oil & Gas Co., East Plymouth for the filing of protests or petitions to Corpus Christi, Tex. 78401. Field, San Patricio County. Tex. CI67-872...... Wessely Petroleum, Ltd., 2002 Michigan Wisconsin Pipe Line Co., »17.0 14.65 intervene the Applicant indicates in writ­ A 1-18-67 Republic.National Bank Bldg., Mocane-Laveme Field, Harper ing that it is unwilling to accept such a Dallas, Tex. 75201. County, Okla. condition. In the event Applicant is un­ CI67-873...... Cain-Lemon, et al., c/o Francis E. Consolidated Gas Supply Corp., Mur­ 25.0 15.325 A 1-17-67 Cain, agent, Big Bend, W. Va. phy District, Ritchie County, W. willing to accept such condition the ap­ 26136. Va. plication will be set for formal hearing. CI67-874...... Micoa, Inc., c/o Jerry Massoner, Consolidated Gas Supply Corp., Salt 25.0 15.325 A 1-18-67 211 Water St., Weston, W. Va. Lick District, Braxton County, W. Under the procedure herein provided 26452. Va. for, unless otherwise advised, it will be CI67-876...... J. and B. Drilling and Operating Consolidated Gas Supply Corp., 25.0 15.325 A 1-18-67 Co., c/o Allen Beard, Post Office Spencer District, Roane County, unnecessary for Applicants to appear or Box 58, Spencer, W. Va. 25276. W. Va. be represented at the hearing. C167-877...... Mesa Petroleum Co. et ,al., 1501 Northern Natural Gas Co., Lovedale »17.0 14.65 A 1-18-67 Taylor, Amarillo, Tex. 79105. Field, Harper County, Okla. J oseph H. Gutride, Secretary. Filing code: A—Initial service. B—Abandonment. 1 This notice does not provide for consol­ C—Amendment to add acreage. idation for hearing of the several matters D—Amendment to delete acreage. E—Succession. covered herein, nor should it be so construed. F—Partial succession. See footnotes at end of table.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2399 the application which is on file with the Docket No. and Price per Pres­ Commission and open to public inspec­ Applicant Purchaser, field, and location Mei sure date filed base tion. Specifically, Applicant seeks permis­ sion and approval to abandon the CI67-878...... Mobil Oil Corp------Panhandle Eastern Pipe Line Co., » « 18.8938 14.65 A 1-18-67 Bishop, et al Fields, Ellis County, following: Okla. (1) Abandon by reclaiming approxi­ CI67-879— Houston Royalty Co. (Operator) 'United Gas Pipe Line Co., GoWitt 15.0 14.65 A 1-18-67 et al., 3057 Humble Bldg., Field, Goliad and DeWitt Counties, mately 3.9 miles of 2-inch, 3-inch, and Houston, Tex. 77002. Tex. 4-inch gas pipeline in the Wherry Lat­ CI67-880...... ■ Pan American Petroleum Corp., The Shamrock Oil & Gas Corp., 17.0 14.65 A 1-19-67 Post Office Box 591, Tulsa, Okla. Mather Field, Ochiltreex County, eral, Rice County, Kans. 74102. Tex. (2) Abandon by reclaiming 7,000 horsepower at Applicant’s existing Wich­ 1 Subject to upward and downward B.t.u. adjustment. ita Compressor Station, S e d g w ic k 2 Declined in pressure. , .. '...... »By letter filed Jan. 9,1967, Applicant agreed to accept permanent authorization for the additional acreage con­ Gounty, Kans. taining conditions similar to those imposed by Opinion No. 468. , , . (3) Replace approximately 5.1 miles * Includes 1 7 cents upward B .t.u. adjustment. Subject to upward and downward B .t.u. adjustment. of 18-inch gas pipeline with 5.1 miles of »Includes 118938 cents upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. «If gas does not meet contract standards, Buyer may desulfurize and Seller to pay Buyer s cost, not to exceed 2.0 16-inch gas pipeline and related ap­ cents per Mcf. purtenant facilities in Washington [F.R. Doc. 67-1264; Piled, Feb. 2,1967; 8:45 a.m.] County, Okla. Applicant seeks a certificate of public convenience and necessity to construct [Docket No. G-585 etc.] By application filed September 19, and operate the following: 1966, pursuant to section 7(c) of the ALABAMA-TENNESSEE NATURAL GAS Natural Gas Act, Cities Service Gas Co., (1) Install and operate one 500-horse- CO. Oklahoma City, Okla., requested a cer­ power compressor unit at Applicant’s existing Beloit Compressor Station in Notice of Petition To Amend tificate of public convenience and neces­ sity authorizing it to construct and op­ Mitchell County, Kans. January 27, 1967. erate additional natural gas pipeline (2) Install and operate three 2,400- Take notice that on December 28,1966, facilities estimated to cost $459,400 and horsepower compressor units and related Alabama-Tennessee Natural Gas Co. to sell and deliver natural gas to the Gas appurtenant facilities at Applicant’s (Petitioner), Post Office Box 918, Flor­ Service Co. for resale and distribution by proposed Haysville Compressor Station, ence, Ala. 35630, filed in Docket No. G- it in and about the cities of Ash Grove, Sedgwick County, Kans. 585 et al., a petition to amend the orders Walnut Grove, and Willard, Mo. (3> Construct and operate approxi­ issuing it certificates of public conven­ The Commission orders: mately 7.8 miles of 20-inch pipeline and ience and necessity pursuant to section (A) A public hearing on the issues related appurtenant facilities from the 7(c) of the Natural Gas Act by author­ presented by the application in the existing Wichita Compressor Station to izing Petitioner to continue the sales and above-entitled case will be held in a hear­ the site of the proposed Haysville Com­ transportation of natural gas authorized ing room of the Federal Power Commis­ pressor Station. therein as an Alabama corporation in sion, 441 G Street NW., Washington, (4) Construct and operate approxi­ lieu of as a Delaware corporation, all D.C., commencing at 10 a.m. on March 6, mately 7.6 miles of 20-inch pipeline and as more fully set forth in the petition 1967. related appurtenant facilities from Ap­ to amend which is on file with the Com­ (B) The applicant shall file with the plicant’s existing Pampa-Wichita 20- mission and open to public inspection. Commission and serve on the Commis­ inch pipeline to the site of the proposed The petition states that effective Jan­ sion’s staff on or before February 15, Haysville Compressor Station. uary 1,1967, Petitioner will have changed 1967, the proposed evidence comprising (5) Construct and operate approxi­ the State of its incorporation from Dela­ its case in chief, including prepared mately 1 mile of 20-inch pipeline and ware to Alabama, that there will be no testimony of witnesses, exhibits, and a related appurtenant facilities from Ap­ change in operation or corporate activity detailed showing of how its lateral pipe­ plicant’s e x i s t i n g Blackwell-Wichita as a result of the change in the State of line construction policy, as stated in its pipeline to the proposed Haysville Com­ incorporation, and that the Alabama FPC gas tariff, second revised volume pressor Station. corporation will adopt the tariff of the No. 1, original sheet No. 37A, effective (6) _ Construct and operate approxi­ Delaware corporation. January 5, 1967, is applied in this case. mately 24.4 miles of 26-inch gas pipe­ Protests or petitions to intervene may By the Commission. line and related appurtenant facilities be filed with the Federal Power Com­ paralleling and looping Applicant’s exist­ mission, Washington, D.C. 20426, in ac­ [seal] Gordon M. Grant, ing 26-inch Blackwell-Grabham pipeline cordance with the rules of practice and Acting Secretary. in Osage County, Okla., and in Cowley procedure (18 CFR 1.8 or 1.10) on or [F.R. Doc. 67-1254; Filed, Peb. 2, 1967; and Chautauqua Counties, Kans. before February 20, 1967. 8:46 a.m.] The total estimated cost of the pro­ J oseph H. Gutride, posed facilities is $6,668,479, which cost Secretary. [Docket No. CP67-203] reflects the cost of removal and salvage [F.R. Doc. 67-1253; Piled, Peb. 2, 1967; credit for facilities to be abandoned and 8:46 a.m.] CITIES SERVICE GAS CO. which cost will be financed from funds on Notice of Application hand. Protests or petitions to intervene may [Docket No. CP67-67] J anuary 27,1967. be filed with the Federal Power Commis­ CITIES SERVICE GAS CO. Take notice that on January 20, 1967, sion, Washington, D.C. 20426, in accord­ Cities Service Gas Co. (Applicant), Post ance with the rules of practice and pro­ Order Setting Hearing Date and Office Box 25128, Oklahoma City, Okla. cedure (18 CFR 1.8 or 1.10) and the Prescribing Procedure 73125, filed in Docket No. CP67-203 an regulations under the Natural Gas Act application pursuant to sections 7 (b) (§ 157.10) on or before February 23,1967. J anuary 25, 1967. and (c) of the Natural Gas Act for per­ Take further notice that, pursuant to Notice of application in the above- mission and approval to abandon certain the authority contained in and subject entitled case was issued September 27, natural gas facilities and for a certifi­ to the jurisdiction conferred upon the 1966 (31 F.R. 12975). The final date for cate of public convenience and necessity Federal Power Commission by sections 7 filing protests, notices of intervention, authorizing the construction and opera­ and 15 of the Natural Gas Act and the tion of certain facilities for the trans­ Commission’s rules of practice and pro­ and petitions to intervene was October portation of natural gas in interstate cedure, a hearing will be held without 24,1966. None was filed. commerce, all as more fully set forth in further notice before the Commission on

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2400 NOTICES

this application if no protest or petition [Docket No. RI67-267] due gas is sold to Texas Eastern Trans­ to intervene is filed within the time re­ VERNON W. FROST ET AL. mission Corp. (Texas Eastern) pursuant quired herein, if the Commission on its to Union Texas’ FPC Gas Rate Schedule own review of the matte'r finds that a Order Accepting Contract Agreement, No. 66. Union Texas is currently selling grant of the certificate and permission- Providing for Hearing on and Sus­ such gas at a 14.3875-cent rate (14.3 cents and-approval for the proposed abandon­ pension of Proposed Change in base plus 0.0875 cents tax reimburse­ ment is required by the public conven­ ment) which is being collected subject ience and necessity. If a protest or Rate, cind Allowing Rate Change to refund in Docket No. RI62-250. Al­ petition fpr leave to intervene is timely To Become Effective Su b ject to though Frost’s proposed rate does not ex- filed, or if the Commission on its own Refund • ceed the area increased rate ceiling for motion believes that a formal hearing is J anuary 26,1967. Texas Railroad District No. 3 as an­ required, further notice of such hearing On December 27, 1966, Vernon W. nounced in the Commission’s Statement will be duly given. Frost et al. (Frost)1 tendered for filing a of General Policy No. 61-1, as amended, Under the procedure herein provided proposed change in their presently effec­ it should be suspended because such ceil­ for, unless otherwise advised, it will be tive rate schedule for sales of natural ing is applicable to Union Texas’ resale unnecessary for Applicant to appear or gas subject to the jurisdiction of the rate, not to Frost’s rate. In view of the be represented at the hearing. Commission. The proposed change, fact that the resale rate of Union Texas J oseph H. Gutride, which constitutes an increased rate and is in effect subject to refund, we con­ Secretary. charge, is contained in the following des­ clude that a one day suspension from [F.R. Doc. 67-1255; Filed, Feb. 2, 1967; ignated, filing: January 27, 1967, the date of expiration 8:47 ajn.] Description: (1) Contract agreement, of the statutory notice, is appropriate. dated February 1, 1966.2 (2) Notice of — Concurrently with the filing of its rate [Docket No. E-7331] change, dated December 15,1966. increase, Frost submitted its renegoti­ Purchaser and producing area: Union ated contract agreement dated Febru­ DUQUESNE LIGHT CO. Texas Petroleum, a Division of Allied Chem­ ary 1, 1966, designated as Supplement ical Corp.3 (Fig Ridge Field, Chambers No. 1 to Frost’s FPC Gas Rate Schedule Notice of Application County, Tex.) (RR. District No. 3.) No. 1. We believe that it would be in the January 25,1967. Effective date: (1) January 27, 1967.4 (2) public interest to accept for filing Frost’s January 27,1967.4 Take notice that on January 10, 1967, Rate schedule designation: (1) Supple­ aforementioned contract agreement to Duquesne Light Co. (Applicant) filed an mental No. 1 to Frost’s FPC Gas Rate Sched­ become effective on January 27,1967, the application with the Federal Power Com­ ule No. 1. (2) Supplement No. 2 to Frost’s date of expiration of the statutory notice, mission seeking an order pursuant to FPC Gas Rate Schedule No. 1. but not the proposed rate contained section 203 of the Federal Power Act Amount of annual increase: (2) $15,563. therein which is suspended as herein­ authorizing the acquisition of certain Effective rate: 1.57 cents per Mcf.5 after ordered. electric facilities of the Borough of As- Proposed rate: 14.0 cents per Mcf.87 The proposed changed rate and charge pinwall (Borough), Allegheny County, Pressure base: 14.65 p^.i.a. may be unjust, unreasonable, unduly dis­ Pa. Frost requests a retroactive effective criminatory, or preferential, or otherwise Applicant is incorporated under the date of February 1, 1966, for their pro­ unlawful. laws of the Commonwealth of Pennsyl­ posed rate increase. Good cause has not The Commission finds vania and is qualified to do business in been shown for waiving the 30-day- (1) Good cause has been shown for Pennsylvania and West Virginia with its notice requirement provided in section accepting for filing Frost’s proposed con­ principal business office at Pittsburgh, 4(d) of the Natural Gas Act to permit an tract agreement dated February 1, 1966, Pa. Applicant is engaged in the produc­ earlier effective date for Frost’s rate fil­ designated as Supplement No. 1 to Frost’s tion, distribution and sale of electric ing and such request is denied. FPC Gas Rate Schedule No. 1, and for energy in the greater parts of Allegheny Frost’s proposed renegotiated rate in­ permitting such supplement to become and Beaver Counties, Pa. crease to 14 cents per Mcf is for a sale of effective on January 27,1967, the date of Under an agreement dated October 12, gas to Union Texas Petroleum, a Division expiration of the statutory notice. 1966, Duquesne will acquire all of the (2) It is necessary and proper in the of Allied Chemical Corp. (Texas Union), public interest and to aid in the enforce­ electric facilities (except the power plant from the Fig Ridge Field, Chambers site and building, generating facilities ment of the provisions of the Natural and telegraph switchboard, motor ve­ County, Tex. (RR. District No. 3). Gas Act that the Commission enter upon hicles, maintenance tools, and storeroom Union Texas gathers the subject gas, a hearing concerning the lawfulness of stock and equipment) owned by the together with gas produced from other the proposed change, and that Supple­ Borough. Duquesne has agreed to pay to producers in the area, and delivers such ment No. 2 to Frost’s FPC Gas Rate the Borough the total purchase price of Schedule No. 1 be suspended and the use gas to its Winnie Plant for the extrac­ -thereof deferred as hereinafter ordered. $510,000 for the electric facilities covered tion of liquid hydrocarbons. The resi- by the agreement upon the effective date The Commission orders: thereof. (A) Frost’s contract agreement dated 1 Address is : 2610 Tennessee Building, February 1, 1966, designated as Supple­ The electric facilities described above Houston, Tex. 77002. ment No. 1 to Frost’s FPC Gas Rate are presently used by the Borough in fur­ 2 Provides for the sale of casinghead gas nishing electric service to the public in produced from 8500 to 8700 foot depth in­ Schedule No. 1, is accepted for filing and the Borough and to several customers in terval and delivered at a pressure of 800 permitted to become effective on Janu­ an adjacent municipality. Duquesne p.s.i.g. at a price of 14 cents per Mcf for the ary 27, 1967. will employ these facilities for the same life of . the contract. Also provides for the (B) Pursuant to the authority of th e purpose, s termination and supersession of any prior Natural Gas Act, particularly s e c tio n s 4 contracts, to the extent that such contracts and 15 thereof, the Commission’s ru le s of Any person desiring to be heard or to cover the sale of casinghead gas covered by practice and procedure, and the re g u la ­ make any protest with reference to said such agreement. application should on or before February 3 Buyer processes the subject gas at its tions under the Natural Gas Act (18 CFR Ch. I ), a public hearing s h a ll be 13, 1967, file with the Federal Power Winnie Plant and sells a portion of the res­ idue gas to Texas Eastern under its FPC held upon a date to be fixed by n o tic e Commission, Washington, D.C. 20426, pe­ from the Secretary concerning the law­ titions or protests in accordance with the Gas Rate Schedule No. 66 at a rate of 14.3875 cents per Mcf, effective subject to refund fulness of the proposed increased ra te requirements of the Commission’s rules in Docket No. RI62-250. and charge contained in Supplement No. of practice and procedure (18 CFR 1.8 or 4 The stated effective date is the first day 2 to Frost’s FPC Gas Rate Schedule No. 1. 1.10). The application is on file and after expiration of the statutory notice. (C) Pending a hearing and decision available for public inspection. 5 Based upon the gasoline content of the thereon, Supplement No. 2 to Frost’s J oseph H. Gutride, gas plus a proportionate amount received by seller for the residue gas sold by the buyer. FPC Gas Rate Schedule No. 1 is hereby Secretary. 6 Renegotiated rate increase. suspended and the use thereof deferred [F.R. Doc. 67-1256; Filed, Feb. 2, 1967; 7 As provided by the Agreement dated Feb. until January 28, 1967, and thereafter 8:47 a.m.] 1, 1966. until such further time as it is made ef- FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2401 fective in the manner prescribed by the along and across the southerly counties Co. from the Monahans Field, Ward and Natural Gas Act: Provided, howeverr in Iowa. Winkler Counties, Tex. in the Permian That the supplement to the rate sched­ Iowa-Illinois proposes to sell to Iowa Basin area. On April 1, 1965, Cities ule filed by Frost, as set forth above, Southern a portion of its 161-kv trans­ Service Oil Co. (Operator) et al., suc­ shall become effective subject to refund mission line which extends from Milan, ceeded to Respondents’ interest in the on the date and in the manner herein 111., to Fort Madison, Iowa. The portion subject sale.2 Accordingly, this proceed­ prescribed if within 20 days from the of the line to be sold extends from a ing, insofar as it relates to Respondents’ date of the issuance of this order, Frost point in Des Moines County, Iowa, interest, covers only a locked-in period. shall execute and file under Docket No. southerly to a point in Lee County, Iowa, The applicable area base rate prescribed RI67-267, with the Secretary of the Com­ at which the line connects with the facil­ in Opinion No. 468, as modified, for this mission, its agreement and undertaking ities of Union Electric Co. and its Viele sale is 14.5 cents per Mcf. to comply with the refunding and re­ Substation, being approximately 28.1& Ashmun & Hilliard have been issued a porting procedure required by the miles in length. The consideration for small producer certificate in Docket No. Natural Gas Act and § 154.102 of the the sale of this line is to be in the amount CS66-12Q for a sale not involved here. regulations thereunder, accompanied by of $721,497. Since they qualify as small producers, a certificate showing service of a copy Iowa-Illinois together with Iowa and the subject rate is less than the thereof upon Union Texas Petroleum, a Southern and other utilities, has entered applicable area base rate ceiling deter­ Division of Allied Chemical Corp. Un­ into an agreement for the construction mined in Permian, it is appropriate to less Frost is advised to the contrary and operation of a 345-kv line, extend­ grant the requested relief. within 15 days from the filing of its ing in its entirety from St. Louis, Mo., to The Commission finds: For the fore­ agreement and undertaking, such agree­ Minneapolis, Minn., and a 345-kv substa­ going reasons, good cause exists for ter­ ment and undertaking shall be deemed tion at Hills, Iowa, that connects this minating the proceeding in Docket No. to have been accepted. 345-kv transmission line with 161-kv RI61-475 only insofar as such proceed­ (D) Neither the supplement herebyand 69-kv transmission facilities in Iowa. ing relates to Respondents, and for dis­ suspended, nor the rate schedule sought Iowa Southern is located some distance charging Respondents’ refund obligations to be altered thereby, shall be changed from the proposed 345-kv transmission therefor. until this proceeding has been disposed line and substation and has, therefore, The Commission orders: of or until the period of suspension has entered into the proposed agreement with (A) The proceeding in Docket No. expired, unless otherwise ordered by the Iowa-Illinois to purchase a portion of RI61-475 is terminated only insofar as Commission. Iowa-Illinois 161-kv transmission line, it pertains to the interest therein of (E.) Notices of intervention or peti­ in lieu of its proportionate contribution Ashmun & Hilliard No. 5 Ltd. (Operator) tions to intervene may be filed with the toward the 345-kv transmission line and et al. Federal Power Commission, Washing­ substation as herein described. (B) Ashmun & Hilliard No. 5 Ltd. ton, D.C. 20426, in accordance with the Any person desiring to be heard or to (Operator) et al„ refund obligation in rules of practice and procedure (18 CFR make any protest with, reference to the Docket No. RI61-475 is discharged. 1.8 and 1.37(f)) on or before March 15, application should on or before February By the Commission. 1967. 17, 1967, file with the Federal Power Commission, Washington, D.C. 20426, [seal] J oseph H. Gutride, By the Commission. petitions or protests in accordance with Secretary. [ seal] Gordon M. G rant, the Commission’s rules of practice and [F.R. Doc. 67-1259; Filed, Feb. 2, 1967; Acting Secretary. procedure (18 CFR 1.8 or 1.10). The 8:47 a.m.] [F.R. Doc. 67-1257; Piled, Feb. 2, 1967; application is on file with the Commis­ 8:47 a.m.] sion and is available for public inspec­ tion. [Project No. 516] J oseph H. G utride, SOUTH CAROLINA ELECTRIC & GAS [Docket No. E-7333] Secretary. CO. IOWA-ILLINOIS GAS AND ELECTRIC [FR. Doc. 67-1258; Filed, Feb. 2, 1967; 8:47 a.m.] Notice of Application for Amendment CO. AND IOWA SOUTHERN UTILI­ of License for Constructed Project TIES CO. [Docket No. RI61-4751] J anuary 25,1967. Notice of Application SHELL OIL CO. ET A L Public notice is hereby given that anuary application for amendment of license J 27, 1967. Order Terminating Proceeding in Part, Take notice that on January 19, 1967, has been filed under the Federal Power Iowa-Illinois Gas and Electric Co. (Iowa- Discharging Refund O b lig a tio n Act (16 U.S.C. 791a-825r) by South Illinois) filed an application seeking an Therefor, and Redesignating Pro­ Carolina Electric & Gas Co. (correspond­ order pursuant to section 203 of the ceeding ence to: A. M. Williams, Jr., President, South Carolina Electric & Gas Co., Post Federal Power Act authorizing the dis­ January 27,1967. position of certain electric facilities to Office Box 764, Columbia, S.C. 29202) Iowa Southern Utilities Co. (Iowa By letter dated October 27, 1966, for constructed Project No. 516, known Southern). Iowa Southern joined in Ashmun & Hilliard No. 5 Ltd. (Operator) as the Saluda project, located on the this application by a certificate of con­ et al., hereinafter referred to as Re­ Saluda River in the counties of Lexing­ currence filed on January 23, 1967. spondents, requested termination of the ton, Richland, Newberry and Saluda, suspension proceeding in Docket No. S.C. Iowa-Illinois is incorporated under the RI61-475 insofar as said proceeding laws of the State of Illinois and is au­ The application seeks to authorize pertains to their interest, and that Re­ inclusion in the license of a proposed ex­ thorized to carry on business in the spondents be relieved of refund obliga­ States of Illinois and Iowa with its tension of the existing powerhouse and tions in this proceeding so that they to install therein a single hydroelectric principal business office in Davenport, could distribute the funds collected sub­ generating unit (No. 5) with a rated Iowa. Iowa-Illinois is engaged in the ject to refund among the dissolved part­ electric utility business in Rock Island, capacity of 78,750 kw, and appurtenant nership covering their interest in this facilities. ?***, and Whiteside Counties in the proceeding. Protests or petitions to intervene may State of Illinois and in Scott, Johnson, The proceeding involves a rate change hum, Webster, and Wapello Counties in be filed with the Federal Power’Com­ the State of Iowa. of 14.189 cents per Mcf, effective subject mission, Washington, D.C. 20426, in to refund, for a jurisdictional sale of accordance with the rules of practice I°wa Southern is incorporated under casinghead gas to El Paso Natural Gas the laws of Delaware with its principal 2 This proceeding involves a number of pusmess office at Centerville, Iowa, and 1This docket is involved in the “show interests besides Asbmun & Hilliard as in­ is engaged in the electric utility business cause” proceeding in Docket No. AR61-1 et al. dicated in the caption.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3; 1967 2402 NOTICES

and procedure of the Commission (18 Petitioner has submitted an agreement Corp., Cleveland, Ohio, a registered bank CFR 1.8 or 1.10). The last day upon and undertaking to assure thè refund of holding company, for the prior approval which protests or petitions may be filed any amounts collected in excess of the of applicant’s acquisition of 80 percent- is March 13, 1967. The application is just and reasonable rate determined in or more of the voting shares of The First on file with the Commission for public said proceedings. Said agreement and National Bank of Ashland, Ashland, inspection. undertaking will be accepted for filing Ohio, has been withdrawn. J oseph H. Gutride, in the abovementioned proceedings, pe­ Dated at Washington, D.C., this 27th Secretary. titioner will be substituted as respondent day of January 1967. [FJR. Doc. 67-1260; Filed, Feb. 2, 1967; in said proceedings and the proceedings 8:47 a.m.] will be redesignated accordingly. By order of the Board of Governors. After due notice, no petitions to inter­ vene, notices of intervention or protest to [seal] K enneth A. K enyon, [Docket Nos. G—14788 etc.] the granting of the petition have been Assistant Secretary. SUNSET INTERNATIONAL received. [F.R. Doc. 67-1265; Filed, Feb. 2, 1967; The Commission finds: 8:47 a.m.] PETROLEUM CORP. (1) It is necessary and appropriate in Order Amending Orders Issuing Cer­ carrying out the provisions of the Natural Gas Act and the public convenience and tificates, Redesignating Proceed­ necessity require that the orders issuing SECURITIES AND EXCHANGE ings, Redesignating FPC Gas Rate the above-listed certificates of public Schedules, and Accepting Agree­ convenience and necessity be amended to COMMISSION ment and Undertaking for Filing reflect the change in certificate holder. [70-4449] (2) It is necessary and appropriate in J anuary 26, 1967. carrying out the provisions of the Nat­ OHIO EDISON CO. On September 28, 1966, Sunset Inter­ ural Gas Act that petitioner be substi­ national Petroleum Corp., a California tuted as respondent in the proceedings Notice of Proposed Exchange of corporation (petitioner), filed in Docket pending in the aforementioned rate dock­ Utility Assets No. G-14788, etc., a petition to amend the ets, that said proceedings should be re­ J anuary 30, 1967. orders issuing the certificates of public designated accordingly, and that the convenience and necessity pursuant to agreement and undertaking submitted by Notice is hereby given that an applica­ section 7(c) of the Natural Gas Act in petitioner should be accepted for filing. tion has been filed with this Commission said dockets to Sunset International Pe­ The Commission orders : by Ohio Edison Co. (“Ohio Edison”), 47 troleum Corp., a Delaware corporation, (A) The orders issuing the certificates North Main Street, Akron, Ohio 44308, a by authorizing petitioner to continue the of public convenience and necessity in registered holding company and a public- authorized sales of natural gas, all as the above-listed dockets are amended to utility company, pursuant to the Public more fully set forth in the petition which reflect the change in certificate holder. Utility Holding Company Act of 1935 is on file with the Commission and open (B) Petitioner is substituted as re­ (“Act”), designating sections 9, 10, and to public inspection. 12(d) of the Act and rule 44(b)(3) spondent in the proceedings pending in promulgated thereunder as applicable to The petition states that effective as the aforementioned rate dockets, said the proposed transactions. All inter­ of April 29, 1966, Sunset International proceedings are redesignated according­ ested persons are referred to the applica­ Petroleum Corp., a Delaware corporation, ly, and the agreement and under­ tion, which is summarized below, for a was merged by Sipco, Inc., a California taking submitted by petitionèr in said corporation; that effective as of April 30, proceedings is accepted for filing. complete statement of the proposed 1966, Sipco, Inc., was merged by SSI, (C) Petitioner shall comply with the transactions. Inc., a California corporation; and that refunding and reporting procedure re­ Ohio Edison proposes to exchange with simultaneously with the last mentioned quired by the Natural Gas Act and the Village of Hudson (“Hudson”), an merger the name of SSI, Inc., was § 154.102 of the regulations thereunder, Ohio municipal corporation, certain changed to Sunset International Petro­ and the agreement and undertaking sub­ electric distribution and related facili­ leum Corp., petitioner herein. The peti­ mitted by petitioner in said proceedings ties, and pay Hudson $2,793 in cash, tion states further that no change in shall remain in full force and effect until subject to certain adjustments. The service is proposed and that the mergers discharged by the Commission. properties to be acquired by Ohio Edison, have resulted only in a change in the (D) The FPC gas rate schedules of which include 4.3 pole miles of overhead state of domestication. Petitioner re­ Sunset International Petroleum Corp., a distribution facilities, are adjacent to the quests that the certificate orders issued Delaware corporation, are redesignated distribution facilities of Ohio Edison. in the following dockets be amended to as those of Sunset International Petro­ As of April 30,1966, 79 retail customers reflect the change in certificate holder; leum Corp., a California corporation located in Hudson were served by Ohio Edison through facilities to be trans­ G-14788 CI60-468 CI61-1742 (petitioner), and shall'retain the numeri­ cal designations heretofore assigned. ferred to Hudson and the related billings G—14789 CI60—679 CI62-140 for the 12 months then ended amounted G—16436 CI60-696 CI62-711 By the Commission. G-18955 CI60-749 CI63-258 to $20,568. The original cost of these G—19065 CI60—793 CI63—421 [seal] J oseph H. Gutride, facilities were stated on Ohio Edison’s G-19686 CI60-832 CI63—803 Secretary. books at $23,567. Upon the transfer of CI60-31 CI60-833 CI63-1073 these facilities to Hudson it will serve all Cl60—147 CI61-46 CI63-1342 [F.R. Doc. 67-1263; Filed, Feb. 2, 1967; 8:47 a.m.] the retail electric customers within its CI60-183 CI6I-549 CI64—1423 corporate limits. As of the same date, CI60-302 CI61—609 CI64—1490 Hudson s CI60—405 CI61-710 CI65—932 164 retail customers not within CI60—406 CI61-852 CI66—826 corporate limits were served by Hudson CI60-425 CI61-1180 CI66—1190 FEDERAL RESERVE SYSTEM through the facilities to be transferred CI60-445 CI61—1203 to Ohio Edison and the related billings SOCIETY CORP. amounted to $25,669 for the 12 months Petitioner further requests that the pro­ then ended. Ohio Edison w ill state the Notice of Withdrawal of Application ceedings in the following dockets in properties to be acquired at their original which Sunset International Petroleum To Acquire Shares of Bank cost to the extent that the same can be Corp., a Delaware corporation, Is re­ Notice is hereby given that the appli­ determined. It is stated that the terms spondent be redesignated by changing cation made to the Board of Governors of the exchange have been arrived at ' the respondent; of the Federal Reserve System (notice of arm’s-length bargaining between the RI61-389 RI64-724 RI66-310 filing published in 31 F.R. 13873) pur­ parties and that the proposed exchange RI61—545 RI64—725 RI66-368 suant to section 3(a) of the Bank Hold­ RI63—107 RI64-727 RI67-52 ing Company Act of 1956, by Society improved service.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2403

It is stated that the abandonment of of the Investment Company Act of 1940 of a second and larger small business in­ service by Ohio Edison to the electric (the Act) for an order exempting it from vestment company through the purchase customers who will then be served by all provisions of the Act. All interested in the over-the-counter market of a por­ Hudson is subject to the jurisdiction of persons are referred to the application on tion of the latter company’s shares to be the Public Utilities Commission of Ohio. file with the Commission for a statement followed by an invitation for tender of No other State commission and no of the representations therein, which are additional shares and, finally, by an offer Federal commission, other than this summarized below. to exchange shares of Laboratories for commission, has jurisdiction over the The only securities of applicant pres-, shares of the second small business in­ proposed transactions. It is further ently outstanding consist of 10 shares vestment company. Laboratories ac­ stated that the accounting entries by of its capital stock and $550,000 principal quired 68,636 shares or 4 percent of the Ohio Edison to reflect the proposed ac­ amount of subordinated debentures (de­ outstanding common stock of the second quisition and disposition will be made in bentures) of its predecessor company, small business investment company at a accordance with, and subject to, the ac­ Capital for Small Business, Inc. (CFSB), cost of about $508,421. However, the counting regulations and orders of the which debentures have been assumed by balance of that acquisition program was Public Utilities Commission of Ohio and applicant. All of the outstanding 10 abandoned because consummation of the Federal Power Commission. shares of applicant’s capital stock are such a program could have arguably Expenses to be incurred by Ohio Edi­ owned by Wyle Laboratories (Labora­ caused Laboratories to be an investment son in connection with the proposed tories) , a California corporation, and all company; and if Laboratories were transactions are estimated at $500. of the outstanding debentures are held deemed an investment company, the ac­ Notice is further given that any inter­ by the U.S. Small Business Administra­ quisition of both small business invest­ ested person may, not later than Febru­ tion. ment companies might have been pro­ ary 20, 1967, request in writing that a Laboratories has outstanding common hibited by reason of section 12(d) (1) of hearing be held on such matter, stat­ stock and convertible subordinated de­ the Act. ing the nature of his interest, the rea­ bentures, both of which are publicly held In support of its statement that Lab­ sons for such request, and the issues of and are traded in the over-the-counter oratories is engaged in the industrial fact or law raised by said application market. Laboratories was organized in businesses mentioned hereinabove, appli­ which he desires to controvert; or he 1953 to continue operation of a business cant has submitted a schedule showing may request that he be notified if the established in 1949. The application the composition of Laboratories’ assets Commission should order a hearing states that Laboratories is primarily en­ in accordance with the tests described thereon. Any such request should be gaged, directly and through a wholly- in section 3(a) (3) of the Act on the basis addressed: Secretary, Securities and Ex­ owned subsidiary, in the business of of Laboratories’ balance sheet at Decem­ change Commission, Washington, D.C. operating testing facilities for the aero­ ber1 31, 1965, and as restated to reflect 20549. A copy of such request should space industry, manufacturing elec­ valuation of Laboratories’ assets. On the be served personally or by mail '(airmail tronic and scientific equipment and cer­ basis of Laboratories’ balance sheet at if the person being served is located more tain types of testing equipment, and in December 31,1965, the book value of in­ than 500 miles from the point of mail­ distributing industrial electronic com­ vestment securities was equal to 13.86 ing) upon the applicant at the above- ponents. Its operations are carried on percent of total book value of assets, ex­ stated address, and proof of service (by at El Segundo, Norco, and Inglewood, clusive of cash. On the basis of Labora­ affidavit or, in case of an attorney-at- Calif., and at Huntsville, Ala. Labora­ tories’ assets as restated, the value of in­ law, by certificate) should be filed con­ tories employs about 700 persons in all of vestment securities was equal to 16.6 per­ temporaneously with the request/ At its operating divisions. cent of the total assets, exclusive of cash. any time after said date, the applica­ Applicant was incorporated in Califor­ If the valuation of Laboratories’ as­ tion, as filed or as amended, may be nia on November 3,1965, by Laboratories sets, particularly that committed to thè granted as provided in rule 23 of the for the. purpose of acquiring the business investment business, were increased by general rules and regulations promul­ and assets and assuming certain liabili­ $550,000 to reflect Laboratories’ guaran­ gated under the Act, or the Commission ties of CFSB, a California corporation tee of debt of applicant and by $300,000 may grant exemption from such rules which prior to the sale of its assets was to reflect a certain holding of investment as provided in rules 20(a) and 100 there­ licensed under the Small Business In­ securities at market price rather than at of or take, such other action as it may vestment Act of 1958. On December 16, a discount from market price, the adjust­ deem appropriate. Persons who re­ 1965, Laboratories acquired the business ed value of investment securities would quest a hearing or advice as to whether a and assets of CFSB in exchange for 131,- have been equal to 20.6 percent of the ad­ hearing is ordered, will receive notice of 890 shares of Laboratories’ common justed value óf Laboratories’ assets, ex­ further developments in this proceeding, stock. Subsequently, Laboratories trans­ clusive of cash. including the date of hearing (if or­ ferred such business and assets to Applicant is and will continue to be an dered) and any postponements thereof. applicant. In connection with the fore­ “investment company” as defined in sec­ tion 3(a) of the Act. Section 3(b)(3) For the Commission (pursuant to dele­ going, certain liabilities of CFSB were gated authority). assumed by Laboratories and subsequent­ of the Act, generally speaking, excepts ly were assumed by applicant. The from the definition of investment com­ fSEALl Orval L. D uB ois, application states that the 131,890 shares pany any issuer all of the outstanding Secretary. of Laboratories common stock which securities, of which (other than short­ [F.R. Doc. 67-1272; Filed, Feb/ 2, 1967; were issued for the CFSB business and term paper and directors’ qualifying 8:48 a.m.] assets had a value of about $1,100,000 shares) are owned by a company pri­ based upon the market quotations for marily engaged in a business other than that of investing, reinvesting, owning, [812-1929] such stock at the time of the-execution of the purchase contract on September holding, or trading in securities. As WYLE CAPITAL CORP. 13,1965. stated hereinabove all of the outstanding securities of applicant are now owned by Notice of Filing of Application for The application states that the ac­ quisition of the business and assets of Laboratories except for the debentures Order Exempting Company owned by the U.S. Small Business Ad­ CFSB and their transfer to applicant was ministration. U n d e r t h e conditions January 30,1967. the first step in Laboratories’ plan to noted below, to which applicant has Notice is hereby given that Wyle Capi­ diversify into the small business invest­ agreed in the event the Commission c i Corp. (applicant), 128 Maryland ment company field; and that Labora­ grants the application, Laboratories7 will street, El Segundo, Calif., a California tories has entered that field to enable not dispose of any securities of applicant orporation licensed under the Small it to offer new businesses not only capi­ (other than short-term paper) now or business Investment Act of 1958, and tal but alsp management and technical hereafter held by it and applicant will registered closed-end, diversified man- and scientific assistance. _ In accordance not issue any securities (other than agement investment company, has filed with such plan, Laboratories started to short-term paper) except to Laboratories application pursuant to section 6(c) formulate a program for the acquisition or the Small Business Administration.

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 2404 NOTICES

Consequently, if there is compliance with February 14, 1967, at 5:30 p.m., submit Tariff—Supplement 58 to Southwest­ these conditions, applicant would be en­ to the Commission in writing a request ern Freight Bureau, agent, tariff ICC titled to an exception under section for a hearing on the matter accompanied 4620. 3(b)(3) of the.Act except for the fact by a statement as to the nature of his FSA No. 40879—Sewer pipe—Illinois the outstanding long-term debt is and interest, the reason for such request and territory to Aurora, N.C. Filed by Illi­ may continue to be owned by the Small the issues of fact or law proposed to be nois Freight Association, agent (No. 322), Business Administration rather than by controverted, or he may request that he for interested rail carriers. Rates on Laboratories. be notified if the Commission should sewer pipe and related articles, in car­ Section 6(c) of the Act provides that order a hearing thereon. Any such com­ loads, from specified points in Illinois, to the Commission, by order upon applica­ munication should be addressed: Secre­ Aurora, N.C., and points grouped there­ tion, may conditional^- or uncondi­ tary, Securities and Exchange Commis­ with. tionally exempt any person from any sion, Washington, D.C. 20549. A copy Grounds for relief—Shortline distance provisions of the Act, if and to the ex­ of such request shall be served personally formula and grouping. tent that such exemption is necessary or or by mail (airmail if the person being Tariff—Supplement 18 to Illinois appropriate in the public interest and served is located more than 500 miles Freight Association, agent, tariff ICC consistent with the protection of in­ from the point of mailing) upon appli­ 902. vestors and the purpose-; fairly intended cant. Proof of such service (by affidavit FSA No. 40880—Lumber from and to by the policy and provisions of the Act. or in the case of an attorney at law by points in southwestern territory. Filed Applicant states that it is not in the certificate) shall be filed contemporane­ by Southwestern Freight Bureau, agent public interest to regulate applicant un­ ously with the request. At any time (No. B-8950), for interested rail carriers. der Act because all of the outstanding after said date, as provided by rule 0-5 Rates on lumber and related articles, in capital stock of applicant is owned by of the rules and regulations promulgated carloads, between points in southwestern Laboratories, which is not an investment under the Act, an order disposing of the territory, on the one hand, and points in company, and the debentures are held by application herein may be issued by the Virginia on the Virginia Central Railway, the U.S. Small Business Administration Commission upon the basis of the infor­ on the other. which is in a position to protect its in­ mation stated in said application, unless Grounds for relief—Market competi­ vestment in applicant under the pro­ an order for hearing upon said applica­ tion. visions of the Small Business Investment tion shall be issued upon request or upon Tariff—Supplement 26 to Southwest­ Act of 1958. the Commission’s own motion. Persons ern Freight Bureau, agent, tariff ICC Applicant has agreed, in the event the who request a hearing or advice as to 4688. Commission grants the application, that whether a hearing is ordered will receive FSA No. 40881—Commodity rates from the Commission’s order may be issued notice of further developments in this and to Rio Grande City, Tex. Filed by subject to the following conditions: matter, including the date of the hearing Southwestern Freight Bureau, agent (No. 1. Applicant shall— (if ordered) and any postponements B-8958), for interested rail carriers. (a) Not issue any securities (other thereof. Rates on property moving on import or than short-term paper as defined in sec. It is ordered, That the Secretary of the export commodity rates, in carloads and 2(a) (36) of the Act) except to (i) Wyle Commission shall send a copy of this less-than-carloads, between Rio Grande Laboratories or (ii) the U.S. Small Busi­ Notice by certified mail to the Deputy City, Tex. (on traffic imported from or ness Administration, unless this order is Administrator for Investments, Small exported to Mexico), on the one hand, modified expressly by another order of Business Administration, Washington, and points in the United States and Can­ this Commission to permit such trans­ D.C. 20416. ada, on the other. action; For the Commission (pursuant to dele­ Grounds for relief—Rate relationship. (b) File with the Commission, within gated authority). By the Commission. 120 days after the close of each fiscal [SEAL] ORVAL L. D uBOIS, [seal] H. N eil Garson, year of applicant, the data required by Secretary. Secretary. items 5, 6, 7 and 8 of the annual report on Form N-5R adopted by the Commis­ {F.R. Doc. 67-1273; Filed, Feb. 2, 1967; [F.R. Doc. 67-1284; Filed, Feb. 2, 1967; sion pursuant to section 30 (a) of the Act ; 8:48 a.m.] 8:48 ajn.] (c) File with the Commission within 120 days after the close of each fiscal EUGENE S. ROOT year of applicant and Wyle Laboratories Stafement of Changes In Financial (i) a balance sheet of each company INTERSTATE COMMERCE showing assets in reasonable detail as of Interests the close of such fiscal year, with a COMMISSION Pursuant to subsection 302(c), Part schedule showing such assets at value FOURTH SECTION APPLICATIONS in , Executive Order 10647 (20 F.R. 8769) (taking securities for which market quo­ FOR RELIEF “Providing for the Appointment of Cer­ tations are readily available at market tain Persons under the Defense Produc­ value and taking other securities and J anuary 31,1967. tion Act of 1950, as amended,” I hereby assets at value as determined in good Protests to the granting of an applica­ furnish for filing with the Office of the faith by the board of directors) and (ii) tion must be prepared in accordance with Federal Register for publication in the a statement of income for such fiscal Rule 1.40 of the general rules of practice F ederal R egister the following informa­ year and a statement of paid-in surplus (49 CFR 1.40) and filed within 15 days tion showing any changes in my financial and retained earnings as of the close of from the date of publication of this no­ interests and business connections as such fiscal year for applicant and Wyle tice in the F ederal Register. heretofore reported and published (M Laboratories. Applicant may incor­ F.R. 10086; 21 FH. 3475, 9198; 22 F.B- porate by reference in any material filed Long-and-S hort Haul 3777, 9450; 23 F.R. 3798, 9501; 24 F.R- to meet the requirements of this condi­ FSA No. 40878—Wrought iron or steel 4187, 9502; 25 F.R. 102; 26 F.R. 1693, tion, any document or part thereof pre­ pipe from Minnequa, Colo. Filed by 6405; 27 F.R. 648, 6409; 28 F.R. 197, 7060, viously or concurrently filed with the Southwestern Freight Bureau, agent 29 F.R. 1675, 981; 20 F.R. 1073; 30 F.K. Commission pursuant to any of the Acts (No. B-8946), for interested rail carriers. 9342; 31 F.R. 592 and 9432) for the pe­ administered by the Commission. Rates on wrought iron or steel pipe, also riod from July 1, 1966, through Decem­ 2. No person other than Wyle Labora­ oil country tubular goods, in carloads, as ber 31,1966. tories or the Ü.S. Small Business Ad­ described in the application, from Min­ Nothing to report. ministration shall at any time own any nequa, Colo., to Brownsville, Edinburg, Eugene S. Root. outstanding security of applicant (other Harlingen, Hebbronville, and McAllen, than short-term paper). Tex. J anuary 11,1967. Notice is further given that any in­ Grounds for relief—Market competi­ [F.R. Doc. 67-1285; Filed, Feb. 2, 1967; terested person may, not later than tion. 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967 NOTICES 2405 ness Investment Act of 1958, 72 Stat. 689, SMALL BUSINESS as amended; and Title IV of the Eco­ nomic Opportunity Act of 1964, 78 Stat. ADMINISTRATION 526, as amended, Delegation of Authority {Delegation of Authority No. 5, Rev. 1 No. 5, Revision 1, 32 P it. 178, paragraph (Arndt. 1) ] m is hereby amended to read as follows: ASSOCIATE ADMINISTRATOR FOR m . All authorities delegated herein PROCUREMENT AND MANAGE­ may be exercised by any employee of SBA designated as Acting Associate Adminis­ MENT ASSISTANCE trator for Procurement and Management Delegation of Authority Regarding Assistance. Procurement Assistance Effective date: September 1, 1966. Pursuant to the authority vested in the B ernard L. B outin, Administrator of the Small Business Ad­ Administrator. ministration by the Small Business Act, [F.R. Doc. €7-1274; Piled, Feb. 2, 1967; 72 Stat. 384, as amended; the Small Busi­ 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 No. 23--Pt. I___ 7 2406 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during February.

3 CFR Pa8e 14 CFR Page 23 CFR Pa*e 255...... — ...... 2408 P roclamations: 71...... 2002, 2368-2370 3765...... 1167 73 / ______2002, 2370 P roposed R ules: 75 ______2002 255— — ...... — 2417, 2418 Executive Orders: 97-...... - ____ 2371 11325-...... —— ...... 1119 P roposed R ules: 29 CFR 5 CFR 39___ ...... — 2382 800____ 2378 71— ______2383 213____ 2361 32 CFR 7 CFR 15 CFR 818_____ 2367 908____ _ 2367 401______1123,1169 l i ______1126 2377 1622____ 2367 404___ 1124 230...... 1643—__ 1130 410 ______- ______H24 411 _____ - ______- 1124 16 CFR 32A CFR 722______2361 13— —— 1170 724_____ 1124 OIA (Ch. X) 15____ — 1171 OI Reg. 1. 1175 729 ______- ____ —— H69 302_____ 2377 730 _ 1169 907______1125 41 CFR 18 CFR 991____ ;_____ ;______1125 4—"1 _— 1176 1001—_____ 2361 P roposed Rules: 4 -3 - 1177 1002______——______2362 602____ 1131 4 -4 - 1177 1015______2362 4 -5 - 1179 1064__ 2363 19 CFR 4-12. 1179 1096______— 1125 5______1176 4-16. 1180 P roposed R ules: 4-50. 1180 319...... 1181 20 CFR 813—____ 1132 405______1172 47 CFR 1001______1181 5______— 1129 1015______— 1181 73______...... i 1129,1130 1047..... 1132 21 CFR P roposed R ules : 1049____ -______2382 3------1172 1064.______1133 18...... 1127 21______2383 1128______- 2382 1127 64 ______— 2384 19...... 73...... 1135, 1136, 2384 20— ...... 1128 10 CFR 25— ...... 1128 70— ______- ...... 2364 31—L...... - 1128 49 CFR ______——. 1173 73_____ 1180 12 CFR 121 1481______i___ 1172 531_____ 2366 148r— ...... — 1172 50 CFR 13 CFR P roposed R ules: 33_...... - ...... 1180, 2376, 2377 Ch. I______—...... 2377 141e...... 1184 P roposed R ules: 101...... —...... 2377 146e______1184 32______1132 FEDERAL REGISTER VOLUME 32 • NUMBER 23

Friday, February 3, 1967 • Washington, D.C.

PA RT II

Department of Commerce

Initial Federal Motor Vehicle Safety Standards 2408 RULES AND REGULATIONS buses, and trailers proposed in the No­ Subpart B—Standards Title 23— HIGHWAYS AND tice, the Initial Standards as herein es­ Sec. tablished introduce the new class of 255.21 Federal Motor Vehicle Safety Stand­ VEHICLES “multipurpose passenger vehicles.” Only ards. standards proposed in the Notice for Authority : The provisions of this Part 255 Chapter II— Vehicle and Highway vehicles now in this class are made issued under 80 Stat. 718. Safety applicable to this class. Each standard Subpart A— General [Docket No. 3] applies only to the class of vehicles to which it is made applicable by its terms. § 255.1 Scope. PART 255— INITIAL FEDERAL MOTOR The initial standards may be amended This part contains the initial Federal VEHICLE SAFETY STANDARDS from time to time. Each standard re­ Motor Vehicle Safety Standards for mo­ mains in effect until rescinded or super­ tor vehicles and motor vehicle equipment This order establishes Initial Federal seded by a Revised Standard actually be­ established under section 103 of the Na­ Motor Vehicle Safety Standards for new coming effective. tional Traffic and Motor Vehicle Safety motor vehicles and equipment. A notice Act of 1966 (80 Stat. 718). of rule making proposing the Initial The requirements of Standard No. 209 Standards was issued on November 30, were originally published on August 31, § 255.3 Definitions. 1966 (31 F.R, 15212, corrected 31 F.R. 1966 (31 F.R. 11528), as a revision to the 15600). All pertinent matter in the existing seat belt standard that had been (a) Statutory definitions. All terms written and oral comments received has promulgated by the Secretary of Com­ defined in section 102 of the Act are used been fully considered. Considerations merce under the authority of Public Law in their statutory meaning. of time prevent discussion of comments 88-201. At that time, it was provided (b) Other definitions. As used in this on individual standards. that the revised standards would become part— The motor vehicle safety standards mandatory after February 28, 1967, and “Act” means the National Traffic and are rules as that term is defined in 5 would be an optional alternative to the Motor Vehicle Safety Act of 1966 (80 U.S.C. sec. 551(4). The established existing standard until that date. As a Stat. 718). practice is that the public record of a result seat belt manufacturers had al­ “Approved,” unless used with reference rule-making proceeding under 5 U.S.C. ready taken steps to meet the March 1, to another person, means approved by section 553 (former sec. 4 Administrative 1967 date before the Notice for the Initial the Secretary. Procedure Act), involving a substantive Federal Motor Vehicle Safety Standards “Bus” means a motor vehicle with mo­ rule and instituted upon an agency’s own was issued on December 3,1966. To pre­ tive power, except a trailer, designed for initiative, begins with the notice of rule serve the continuity of this change to the carrying more than 10 persons. making. An agency is under no legal new seat belt standard, the March 1, “Curb weight” means the weight of a duty to reveal the internal processes 1967 effective date was included in the motor vehicle with standard equipment; that shaped the project, and interested proposed Initial Federal Motor Vehicle maximum capacity of engine fuel, oil, persons are not entitled to comment Safety Standards. This places no certi­ and coolant; and, if so- equipped, air con­ thereon, 5 U.S.C. section 553(b)(3). fication requirement on the vehicle man­ ditioning and additional weight optional Where, as here, the addressees of a pro­ ufacturer, however, until the effective engine. posed rule are themselves actively en­ date of the first Standard applicable to “Driver” means the occupant of a mo­ gaged as experts on the subject matter, a motor vehicle rather than motor ve­ tor vehicle seated immediately behind their understanding of the meaning and hicle equipment. the steering control system. effect of a rule is certainly not impaired In consideration of the foregoing, “Emergency brake” means a mecha­ by the absence of such a disclosure. As Chapter H of Title 23 of the Code of nism designed to stop a motor vehicle a practical proposition, this Agency in­ Federal Regulations is amended by after a failure of the service brake sys­ tends to adopt a policy of the greatest adding a new Subchapter C—Motor Ve­ tem. possible disclosure of underlying con­ hicle Safety Regulations, effective Janu­ “Forward control” means a configura­ siderations in future substantive rule ary 1, 1968 except Motor Vehicle Safety tion in which more than half of the en­ making when it will not operate under Standard No. 209, “Seat Belt Assem­ gine length is rearward of the foremost an unusually tight time schedule. In blies—Passenger Cars, Multipurpose Pas­ point of the windshield base and the this instance, such disclosure was not senger Vehicles, Trucks, and Buses,” steering wheel hub is in the forward possible, and administrative due process which becomes effective March 1, 1967, quarter of the vehicle length. required no more than publication of to read as set forth below. “H point” means the mechanically This regulation was proposed as Part hinged hip point of a manikin which sim­ the notice. The requirement that the ulates the actual pivot center of the hu­ standards be based on a record does not 245 but will, for reasons of organization man torso and thigh, described in SAE operate to require insertion in the rec­ of subject matter, be issued as Part 255. Recommended Practice J826, “Manikins ord of matter not required as part of a This rule-making action is taken un­ rule-making notice. for Use in Defining Vehicle Seating Ac­ The following findings are made with der the authority of sections 103 and commodations,” November 1962. respect to all standards— 119 of the National Traffic and Motor “Head impact area” means all non- Vehicle Safety Act of 1966 (15 U.S.C. glazed surfaces of the interior of a vehi­ (1) Each standard is a minimum cle that are within the limits of the locus standard for motor vehicle or equipment sec. 1392, 1407) and the delegations of performance which is practicable and of points contacted by the head estab­ authority of October 20, 1966 (31 F.R. lished by— meets the need for motor vehicle safety, 13952) and January 24, 1967 (32 F.R. (1) Placing a 95th percentile adult and provides objective criteria; (2) Each standard is reasonable, prac­ 1005). male manikin restrained by a Type 1 seat belt assembly with sufficient slack ticable, and appropriate for the particu­ Issued in Washington, D.C., on Janu­ to allow a 5-inch forward movement of lar class of motor vehicle or item of ary 31,1967. the manikin’s “H” point in each desig­ equipment for which it is prescribed; Lowell K. B ridwell, nated seating position; (3) Each standard will contribute sub­ (2) Adjusting the seat occupied by the stantially to the purpose of reducing Acting Under Secretary of Commerce for Transportation. manikin to its most forward position and traffic accidents, and deaths and injuries moving the head and torso of the mani­ to persons resulting therefrom, in the Subpart A—General kin in all directions to the extent allo w ed United States; and Sec. by the seat belt; and (4) The matter incorporated by ref­ 255.1 Scope. (3) Repeating this procedure with a erence is reasonably available to the 255.3 Definitions. 255.5 Matter incorporated by reference. 5th percentile adult female m anikin with persons affected by this regulation. 255.7 Applicability. the seat adjusted to its rearmost position. In addition to the vehicle classes of 255.9 Separability. “Includes” means includes but .is not passenger cars, motorcycles, trucks, 255.11 Equivalent demonstration procedure. limited to.

FEDERAL REGISTER, VOL: 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2409

“Knee and leg impact area” means all mended Practice J787g, “Motor Vehicle National Traffic Safety Agency, U.S. De­ nonglazed surfaces of the interior of a Seat Belt Anchorage,” September 1966. partment of Commerce, Washington, vehicle that are within the limits of the “Trailer” means a motor vehicle with D.C. 20230. locus of points contacted by the knees or without motive power, designed for and legs established by— carrying persons or property and for § 255.7 Applicability. (1) Placing a 95th percentile adult being drawn by another motor vehicle. (a) General. Each standard set forth male manikin restrained by a Type 1 • “Trailer converter dolly” means a in Subpart B of this part applies accord­ seat belt assembly with sufficient slack trailer chassis equipped with one or more ing to its terms to new motorcycles and to allow a 5-inch forward movement of axles, a lower half of a fifth wheel and trailers regardless of weight and to all the manikin’s “H” point in each desig­ a drawbar. other new motor vehicles over 1,000 nated seating position; “Truck” means a motor vehicle with pounds curb weight, or items of motor ve­ Cv (2) Adjusting the seat occupied by the motive power, except a trailer, designed hicle equipment, the manufacture of manikin to its rearmost position and primarily for the transportation of prop­ which is completed after the effective moving the knees and legs of the mani­ erty or special purpose equipment. date of the standard. kin in all directions to the extent al­ “Truck tractor” means a truck de­ (b) Military vehicles. No standard lowed by the seat belt while keeping the signed primarily for drawing other motor applies to a vehicle or item of equip­ manikin’s feet on the floor and on the vehicles and not so constructed as to ment manufactured for, and sold directly toe board; and carry a load other than a part of the to, the Armed Forces of the United States ' (3) Repeating this procedure with the weight of the vehicle and the load so in conformity with contractual specifi­ seat adjusted to its most forward position. drawn. cations. “Motorcycle” means a motor vehicle “95th percentile adult male” means a (c) Export. No standard applies to a with motive power having a seat or person possessing the dimensions and vehicle or item of equipment in the cir­ saddle for the hse of the rider and de­ weight of the 95th percentile adult male cumstances provided in section 108(b) (5) signed to travel on not more than three specified in Public Health Service Pub­ of the Act (15 U.S.C. 1397(b) (5 )). wheels in contact with the ground. lication No. 1000, Series 11, No. 8, “Motor-driven cycle” means a motor­ “Weight, Height, and Selected Body § 255.9 Separability. cycle with a motor that produces 5-brake Dimensions of Adults.” If any standard established in this horsepower or less. § 255.5 Matter incorporated by refer­ part or its application to any person or “Multipurpose passenger vehicle” ence. circumstance is held invalid, the re­ means a motor vehicle with motive (a) Incorporation. There are hereby mainder of the part and the application power, except a trailer, designed to carry incorporated, by reference, into this part, of that standard to other persons or 10 persons or less which is constructed circumstances is not affected thereby. either on a truck chassis or with special all materials referred to in any standard features for occasional off-road opera­ in Subpart B of this part that are not .§ 255.11 Equivalent demonstration pro­ tion. set forth in full in the standard. These cedure. “Occupant” means a person or manikin materials are thereby made part of this An approved equivalent may be sub­ seated in the vehicle, and, unless other­ regulation. Materials subject to change stituted for any required destructive wise specified in an individual standard, are incorporated as they are in effect on demonstration procedure. having the dimensions and weight of the the date of adoption of this part, unless the reference to them provides otherwise. Subpart B— Standards 95th percentile adult male. (b) Availability. The materials in­ “Parking brake” means a mechanism corporated by reference, other than acts § 255.21 Federal Motor Vehicle Safety designed to prevent the movement of a Standards. stationary motor vehicle. of Congress and matter published else­ where in the Federal R egister, are avail­ The Federal Motor Vehicle Safety “Passenger car” means a motor vehicle able as follows: Standards are set forth in this subpart. with motive power, except a multipurpose <1) Standards of the Society of Auto­ passenger vehicle, motorcycle, or trailer, Motor vehicle safety standard numbers motive Engineers (SAE). They are pub­ and titles designed for carrying 10 persons or less. lished by the Society of Automotive En­ “Pelvic impact area” means that area gineers, Inc. Information and copies 101 Control Location and Identification— of the side panel adjacent to the occupant may be obtained by writing to: Society Passenger Cars below a horizontal plane 4.5 inches above 102 Transmission Shift Lever Sequence, of Automotive Engineers, Inc., 485 Lex­ Starter Interlock, and Transmission the “H” point of the normally seated ington Avenue, New York, N.Y. 10017. 95th percentile adult male m anikin with Braking Effect—Passenger Cars, Mul­ (2) Standards of the American Society tipurpose Passenger Vehicles, Trucks, the seat in the highest adjusted position. for Testing and Materials. They are and Buses “Pole trailer” means a motor vehicle published by the American Society for 103 Windshield Defrosting and Defogging— without motive power designed to be Testing and Materials. Information on Passenger Cars and Multipurpose drawn by another motor vehicle and at­ copies may be obtained by writing to the Passenger Vehicles tached to the towing vehicle by means of 104 Windshield Wiping and Washing Sys­ American Society for Testing and Mate­ tems—Passenger Cars a reach or pole, or by being boomed or rials, 1916 Race Street, Philadelphia, Pa. otherwise secured to the towing vehicle, 105 Hydraulic Service Brake, Emergency 19103. Brake, and Parking Brake Systems— for transporting long or irregularly Passenger Cars shaped loads such as poles, pipes, or (3) Standards of the United States of America Standards Institute. They 106 Hydraulic Brake Hoses—Passenger Cars structural members capable generally of and Multipurpose Passenger Vehicles sustaining themselves as beams between are published by the United States of 107 Reflecting Surfaces—Passenger Cars, the supporting connections. America Standards Institute. Informa­ Multipurpose Passenger Vehicles, School bus” means a bus designed tion and copies may be obtained by writ­ Trucks, and Buses primarily to carry children to and from ing the United States of America Stand­ 108 Lamps, Reflective Devices, and Associ­ school, but not including buses operated ards Institute, 10 East 40th Street, New ated Equipment—Multipurpose Pas­ York, N.Y. 10016. senger Vehicles, Trucks, Trailers, and by common carriers in urban transporta­ Buses, 80 or More Inches Wide Overall tion of school children. (4) Data from the National Health 111 Rearview Mirrors—Passenger Cars and Semitrailer” means a trailer, except Survey, Public Health Publication No. Multipurpose Passenger Vehicles a pole trailer, so constructed that a sub­ 1000, Series 11, No. 8. This is published 203 Impact Protection for the Driver Prom stantial part of its weight rests upon or by the U.S. Department of Health, Edu­ the Steering Control System—Pas­ is carried by another motor vehicle. cation, and Welfare. Copies may be ob­ senger Cars Service brake” means the primary tained for a price of 35 cents from the 204 Steering Control Rearward Displace­ Superintendent of Documents, U.S. Gov­ ment—Passenger Cars hicle niSm t*es^=ne(* stop a motor ve- ernment Printing Office, Washington, 205 Glazing Materials—Passenger Cars, Multipurpose Passenger Vehicles, ^n.e” means the line connecting D.C. 20402. Motorcycles, Trucks, and Buses e« “ . and the shoulder refer­ All incorporated materials are available 206 Door Latches and Door Hinge Sys­ ence point as defined in SAE Recom­ for inspection in the Docket Room 3807, tems—Passenger Cars

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 2410 RULES AND REGULATIONS 207 Anchorage of Seats—Passenger Cars If a steering-column-mounted transmis­ (a) Meets the performance require­ 208 Seat Belt Installations—Passenger Cars sion shift lever is used, movement from ments of S4.1.2; and, 209 Seat Belt Assemblies—Passenger Cars, neutral position to forward drive position Multipurpose Passenger Vehicles, (b) Provides two or more frequencies Trucks, and Buses shall be clockwise. If the transmission or speeds at least one of which exceeds 45 210 Seat Belt Assembly Anchorages—Pas­ shift lever sequence includes a park posi­ cycles per minute regardless of engine senger Cars tion, it shall be located at the end, adja­ load. 211 Wheel Nuts, Wheel Discs, and Hub cent to the reverse drive position. S4.1.2 Wiped area. When tested wet Caps—Passenger Cars and Multipur­ 53.1.2 Transmission braking effect. in accordance with Society of Automo­ pose Passenger Vehicles In vehicles having more than one for­ tive Engineers Recommended Practice 301 Fuel Tanks, Fuel Tank Filler Pipes, and ward transmission gear ratio, one for­ J903a, “Passenger Car Windshield Wiper FUel Tank Connections—Passenger ward drive position shall provide a Cars Systems,” May 1966, the windshield wip­ greater degree of engine braking than ing system shall cleanly wipe the per­ Motor Vehicle S afety S tandard No. 101 the highest speed transmission ratio at centage specified in Column 2 of Table I •vehicle speeds below 25 miles per hour. of that area determined in accordance CONTROL LOCATION AND IDENTIFICATION— 53.1.3 Starter interlock. The engine PASSENGER CARS with S4.1.2.1 listed in Column 1 that is starter shall be inoperative when the not within 1 inch of the edge of the 51. Purpose and scope. This stand­ transmission shift lever is in a forward glazed area. ard specifies the requirements for loca­ or reverse drive position. S4.1.2.1 The glazing surface reference tion and identification of certain coh- S3.2 Automatic and manual trans­ line and the plan view reference line shall trols to facilitate their selection and missions. Identification of shift lever be established with the driver’s seat in ensure their accessibility. positions of automatic transmissions and the rearmost position. Areas A, B, and C 52. Application. This standard ap­ of the shift lever pattern of manual shall be established using the angles plies to passenger cars. transmissions, except three forward specified in Table I applied as shown in 53. Requirements. speed manual transmissions having the Figures 1 and 2 of Society of Automotive 53.1 Location. Control of the follow­ standard “H” pattern, shall be perma­ Engineers Recommended Practice J903a, ing shall be provided within operational nently displayed in view of the driver. “Passenger Car Windshield Wiper Sys­ reach of a person seated at the controls, tems,” May 1966. restrained by a Type 2 seat belt system Motor Vehicle Safety S tandard with a reasonable degree of slack in No. 103 T able I the upper torso portion of the belt WINDSHIELD DEFROSTING AND DEFOGGING---- Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Col. 6 assembly— PASSENGER CARS AND MULTIPURPOSE PAS­ (a) Steering; SENGER VEHICLES (b) Horn; Minimum Angles in degrees 51. Purpose and scope. This stand­ Area percent to (c) Transmission, except transfer be wiped case; ard specifies requirements for providing Left Bight Up Down (d) Ignition; vision through the windshield during (e) Headlamps; frosting and fogging conditions. A...... 80 18 66 10 5 (f) Turn signal; 52. Application. This standard ap­ B______94 14 53 5 3 (g) Windshield wiping system ; plies to passenger cars and multipurpose C...... 99 10 15 6 1 ( h ) Windshield washing system ; passenger vehicles manufactured for sale (i) Choke (if manual) ; and, in the Continental United States. S4.2 Windshield washing system. A (j) Driver’s sun visor. 53. Requirement. A windshield de­ windshield washing system shall be pro­ 53.2 Identification. The following frosting and defogging system shall be vided that meets the requirements of controls, when mounted on the instru­ provided. SAE Recommended Practice J942, “Pas­ ment panel, shall be identified to permit Motor Vehicle S afety S tandard No. 104 senger Car Wildshield Washer Systems,” recognition— November 1965. WINDSHIELD WIPING AND WASHING SYS­ (a) Headlamps; Motor Vehicle S afety S tandard No. 105 (b) Windshield wiping system; TEMS— PASSENGER CARS (c) Windshield washing system; 51. Purpose and scope. This standard HYDRAULIC SERVICE BRAKE, EMERGENCY (d) Windshield defrosting and defog- specifies requirements for windshield BRAKE, AND PARKING BRAKE SYSTEMS— ging system; and, wiping and washing systems. PASSENGER CARS (e) ' Choke (if manual). 52. Application. This standard ap­ 51. Purpose and scope. This stand­ plies to passenger cars of 68 or more Motor Vehicle S afety S tandard ard specifies requirements for hydraulic No. 102 inches overall width. service brake, emergency brake, and 53. Definitions. parking brake systems intended to ensure TRANSMISSION SHIFT LEVER SEQUENCE, “Glazing surface reference line” adequate braking performance under STARTER INTERLOCK, AND TRANSMISSION means the line of intersection of the normal and emergency conditions. BRAKING EFFECT— PASSENGER CARS, MUL­ glazing surface and a horizontal plane 25 52. Application. This standard ap­ TIPURPOSE PASSENGER VEHICLES, TRUCKS, inches above the driver’s “H” point as plies to passenger cars. And buses indicated on Figure 1 of SAE Recom­ mended Practice J903a. 53. Definitions. “Pressure compo­ 51. Purpose and scope. This standard “Plan view reference line” means: nent” means any internal component of specifies the requirements for the trans­ 1. For bench type seats, a line out­ the brake master cylinder or master con­ mission shift lever sequence, a starter board of the steering wheel centerline trol unit, whfeel brake cylinder, brake interlock, and for a braking effect of that is parallel to the vehicle centerline *line, brake hose, or equivalent, except automatic transmissions, to reduce the at a distance 0.15 times the difference be­ vacuum assist components. likelihood of shifting errors, starter en­ tween one-half of the shoulder room di­ 54. Requirements. gagement with vehicle in drive position, mension indicated on Figure 2 of SAE S4.1 Service brake system. The per­ and to provide supplemental braking at Recommended Practice J903a and the formance ability, of the fully operational speeds below 25 miles per hour. distance from steering wheel centerline service brake system for passenger cars 52. Application. This standard ap­ to car centerline. shall be not less than that described in plies to passenger cars, multipurpose pas­ 2. For individual type seats, a line that section D of Society of Automotive En­ senger vehicles, trucks, and buses. is parallel to the vehicle centerline gineers Recommended Practice J937, 53. Requirements. through the center of the seat. “Service Brake System Performance Re­ 53.1 Automatic transmissions. 54. Requirements. quirements—Passenger Car,” June 1966, 53.1.1 Location of transmission shift 54.1 Windshield wiping system. and tested in accordance with SAE Rec­ lever positions on passenger cars. A 54.1.1 General characteristics. A ommended Practice J843a, “Brake Sys­ neutral position shall be located between power-driven windshield wiping system tem Road Test Code—Passenger Car, forward drive and reverse drive positions. shall be provided that— June 1966.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2411

S4.2 EmergencyJorake system. Rup­ (1) ASTM D 571—1955; and S3.1.1.3 Additional lamps, reflective ture or leakage-type failure of any sin­ (2) ASTM B 117—1964. devices, and associated equipment may gle pressure component of the service (d) Revise “End Connections” para­be installed, provided they do not impair brake system, except structural failures graph to read: “Exposed steel or brass the effectiveness of the required equip­ of the brake master cylinder body or ef­ end connections of the hose assembly ment. fectiveness indicator body, shall not re­ shall be protected against rust or S3.2 Location of Lamps and Re­ sult in complete loss of function of the corrosion.” flectors. vehicle brakes when force on the brake Motor Vehicle Safety S tandard N o. 107 53.2.1 Except as provided in S3.2.1.1, pedal is continued. S3.2.1.2, and S3.2.1.3, lamps and reflective 54.2.1 Emergency brake system per­ REFLECTING SURFACES— PASSENGER CARS, devices required by S3.1 shall be installed formance. If failure of a pressure com­ MULTIPURPOSE PASSENGER VEHICLES, in accordance with Table n . ponent or insufficient hydraulic fluid in TRUCKS, AND BUSES 53.2.1.1 . On Tractor-trailer combina­ the system causes loss of pressure in any 51. Purpose and scope. This stand­ tion vehicles, the requirement that inter­ part of the brake system, the remaining ard specifies reflecting surface require­ mediate reflex reflectors and intermedi­ portion of the brake system shall provide ments for certain vehicle components in ate side marker lamps be located at or a stop of the vehicle loaded in accord­ the driver’s field of view. near the midpoint between the side reflex ance with SAE Recommended Practice 52. Application. This standard ap­ reflectors applies only to the trailer. J843a, June 1966, without pulling or plies t<5 passenger cars, multipurpose 53.2.1.2 On truck tractors, the red swerving to the extent that would cause passenger vehicles, trucks, and buses. rear reflex reflectors may be mounted on the vehicle to leave a level, 12-foot wide 53. Definitions. the back of the cab. lane on a clean, dry, smooth, Portland “Field of view” means the area for­ 53.2.1.3 The visibility provision for cement concrete pavement (or other sur­ ward of a lateral vertical plane which is backup lamps need not be complied with face with equivalent coefficient of sur­ located tangent to the rearmost bound­ until January 1,1969. face friction). ary of the SAE 99th percentile eye range 53.3 Lamp Combinations and Equip­ 54.2.2 Emergency brake system effec­ contour of SAE Recommended Practice ment Combinations. Two or more lamps, tiveness indication. An electrically op­ J941, November 1965. “Specular gloss” reflective devices, and items of associated erated red light, mounted on the instru­ means the luminous fractional reflec­ equipment may be combined if the re­ ment panel in view of the driver, shall tance of a specimen at the specular quirements for each lamp, reflective de­ illuminate before or upon application of direction. vice, and item of associated equipment the brakes in the event of a hydraulic- 54. Requirements. The specular gloss are met, except that— type complete failure of a partial sys­ of the surface of the materials used for (a) No turn signal lamp may be com­ tem. The indicator light shall have suf­ the following bright metal components bined optically with any lamp that pro­ ficient luminous intensity to be plainly in the driver’s field of view shall not ex­ duces a greater light intensity than the visible in daylight and shall include a ceed 40 units when measured by the 20° turn signal; means for testing by the vehicle operator method of ASTM Standard D523-62T, (b) No turn signal lamp may be com­ to ensure that the bulb is operable. No June 1962— bined optically with a stoplamp unless single failure in the internal components (a) Windshield wiper arms and blades; the stoplamp is extinguished when the of the system effectiveness indicator, ex­ (b) Inside windshield mouldings; turn signal is flashing; and cept the body of the device, shall permit (c) Horn ring and hub of steering (c) No clearance lamp may be com- the total loss of effectiveness of the brak­ wheel assembly; and binded optically with any taillamp or ing system. (d) Inside rearview mirror frame and identification lamp. S4.3 Parking brake system. A park­ mounting bracket. 53.4 Special Wiring Requirements. 53.4.1 A means for switching between ing brake system of a friction type with Motor Vehicle S afety S tandard No. 108 a solely mechanical means to retain en­ lower and upper headlamp beams shall gagement shall be provided that will hold LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED be provided in accordance with SAE the vehicle loaded in . accordance with EQUIPMENT— MULTIPURPOSE PASSENGER Recommended Practice J564a, “Head­ SAE Recommended Practice J843a, June VEHICLES, TRUCKS, TRAILERS, AND BUSES, lamp Beam Switching,” April 1964, or 1966, to the limit of traction of the 80 OR MORE INCHES WIDE OVERALL with SAE Recommended Practice J565a, braked wheels in both forward and re­ “Semi-Automatic Headlamp Beam 51. Purpose and scope. This standard Switching Devices,” April 1965. verse directions on clean, dry, smooth, specifies requirements for lamps, reflec­ Portland cement concrete pavement (or tive devices,, and -associated equipment, 53.4.2 A means for indicating to the other surface with equivalent coefficient for signaling and to enable safe operation driver when the upper beams of the of surface friction) of a 30 percent in darkness and other conditions of re­ headlamps are on shall be provided in grade. accordance with SAE Recommended duced visibility. Practice J564a, April 1964. Motor Vehicle Safety S tandard No. 106 52. Application. This standard applies to multipurpose passenger vehicles, 53.4.3 Taillamps, license plate lamps, HYDRAULIC BRAKE HOSES—PASSENGER CARS trucks, trailers, and buses, that are 80 and side marker lamps shall be illumi­ AND MULTIPURPOSE PASSENGER VEHICLES or more inches wide overall, except pole nated when the headlamps are illumi­ trailers and converter dollies. nated. 51. Purpose and scope. This stand­ 53.4.4 Except as provided in S3.4.4.1 ard specifies requirements for hydraulic 53. Requirements. 53.1 Equipment. through S3.4.4.3, stoplamps shall be brake hoses that will reduce brake fail­ actuated upon application of any serv­ ures due to fluid leakage. 53.1.1 Except as provided in S3.1.1.1, S3.1.1.2, and S3.1.1.3, vehicles shall be ice brakes. 52. Application. This standard ap­ equipped with lamps, reflective devices, 53.4.4.1 Actuation of stoplamps is not plies to hydraulic brake hoses for use in and associated equipment, in the num­ required upon actuation of the trailer passenger cars and multipurpose pas­ emergency brakes by means of either senger vehicles. bers of units and designed to conform to the standards specified in Table I. manual or automatic control on the S3. Requirements. Hydraulic bral 53.1.1.1 Truck tractors need not be towing vehicle. hoses shall meet the requirements i equipped with turn signal lamps mounted 53.4.4.2 Stoplamps on a towing ve­ society of Automotive Engineers Stan< on the rear if the turn signal lamps at or hicle need not be actuated when service ard J40b, “Automotive Brake Hoses near the front are so constructed brakes are applied to the towed vehicle July 1966, except as follows: (double-faced) and so located that they or vehicles only. ^telete “Water Absorption Test are visible to overtaking passing drivers. 53.4.4.3 Stoplamps that are com­ “viscose” and “polyester” i 53.1.1.2 Intermediate side marker bined optically with turn signal lamps acceptable braid materials. lamps and intermediate reflex reflectors need not be operable when the combina­ rJo? Sp®?ify the following dates f< are required only on vehicles that are tion is in use as a turn signal or as a ve­ referenced ASTM tests: 30 or more feet long overall. hicular hazard warning signal.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 2412 2412 53.4.5 The vehicular hazard warning S3.4.7 A means for indicating to the T able II— L ocation of E q u ipm e n t —Co ntinued signal operating unit shall operate inde­ driver that the turn signal system is pendently of the ignition switch, and energized shall be provided in accord­ Location on— Height above road surface measured when energized, cause all turn signal ance with SAE Standard J588d, “Turn Item from center of item lamps to flash simultaneously. Multipurpose passen­ on unloaded vehicle Signal Lamps,” June 1966. ger vehicles, trucks Trailers Truck tractors 53.4.6 After January 1, 1969, on all S3.5 Lighting Display. When ener­ (other than truck vehicles required to carry backup lamps tractors), and buses by this standard, the backup lamp shall gized, each lamp specified in Table I shall be, illuminated when the ignition switch be steady-burning except turn signal is energized and reverse gear is engaged. lamps, which shall flash. Taillamps...... On the rear, 1 on each On the rear, 1 on each On the rear, 1 on Not less than 15 side of the vertical side of the vertical each side of the inches, nor more T able I—E quipment centerline, at the centerline, at the vertical centerline, than 72 inches. same level, and as same level, and as at the same level, far apart as practi­ far apart as practi­ and as far apart Number and color in accordance with Society of Automotive Engineers cable. cable. as practicable. Standard J578a, April 1965, required on— In accordance with SAE standard or Stoplamps...... '...... On the rear, 1 on each On the rear, 1 on each On the rear, 1 on Not less than 15 Item recommended side of the vertical side of the vertical each side of the inches, nor more Multipurpose passenger ve­ practice centerline, at the centerline, at the vertical centerline, than 72 inches. hicles, trucks (other than Trailers Truck tractors Same level, and as same level, and as at the same level, truck tractors), and buses far apart as practi­ far apart as practi­ and as far apart cable. cable. as practicable. Headlamps. 2 white, 7-inch, Type 2 Same as trucks J580a, June 1966, License platelamp— At rear license plate.. At rear license plate... At rear license plate. headlamp units; or 2 and buses. and J579a, white, 594-inch, Type 1 August 1965. Reflex reflectors___ 2 red—on rear, 1 on 2 red—on rear, 1 on 2 red—on rear, 1 on Not less than 15 headlamp units and 2 each side of the each side of the each side of the ' inches, nor more white, 594-inch, Type 2 vertical centerline, vertical centerline, vertical center­ than 60 Inches. headlamp units. as far apart as prac­ as far apart as prac­ line, as far apart Taillamps______J585c, June 1966. ticable and at the ticable and at the as practicable and REGULATIONS AND RULES Stoplamps______2 red to amber___ 2 red to am ber.... J586b, June 1966. same level. same level. at the same level. License plate lamp.. J587b, April 1964. 2 red—on sides, 1 on 2 red—on sides, 1 on 2 amber—on sides, Reflex reflectors___ 4 Class A red; 2 Class A 4 Class A red; 2 2 Class A red (on J594c, February each side as far aft each side as far aft 1 on each side as amber. Class A amber. rear); 2 Class A 1965. as practicable. as practicable. far forward as amber. practicable. Side-marker 1 amps.. J692b, April 1964. 2 amber—on sides, 1 2 amber—on sides, 1 Backup lamp__ J593b, May 1966. on each side as far on each side as far Turn-signal lamps... 2 Class A red to amber; 2 2 Class A red to 2 Class A red to J588d, June 1966. forward as practi­ forward as practi­ Class A amber. amber. amber; 2 Class cable. cable. A amber. Turn-signal operat­ 1 1 ___ J589, April 1964. Side marker lamps.. On each side: 1 red On each side: 1 red On each side: 1 Not less than 15 ing unit. lamp as far to the lamp as far to the amber lamp as inches. Turn-signal flasher.. 1 1...... J590b. October 1965. rear as practicable rear as practicable far forward as Vehicular hazard 1 1...... J910, January 1966. and 1 amber lamp and 1 amber lamp practicable. warning signal as far forward as as far forward as operating unit. practicable. practicable. Vehicular hazard 1 1...... J945, February 1966. warning signal On rear, so that it is On rear, so that it flasher. visible to pedes­ is visible to pe­ Identification lamps. J592b, April 1964. trians that are 6 destrians that are Clearance lamps__ 2 amber and 2 red. 2 amber..— ____ J592b, April 1964. feet or less in height 6 feet or less in Intermediate side J592b, April 1964. from each position height from each marker lamps. in the area to the position in the Intermediate reflex J594c, February 1965. rear of the vehicle, area to the rear of reflectors. and from each posi­ the vehicle, and tion on either side from each posi­ of thaï rear area, tion on either T able II—L ocation or E quipment that is 5 feet or less side of that rear from the vehicle. area, that is 5 feet or less from Location on Height above road the vehicle. surface measured Item from center of item Tum-signallamps— At or near the front: On rear: 1 red to At or near the front : Not less than 15 Multipurpose passen­ on unloaded vehicle 1 amber on each amber on each side 1 amber on each inches. ger vehicles, trucks Trailers Truck tractors side of the vertical of the vertical side of the vertical (other than truck centerline, at the centerline, at the centerline, at the tractors), and buses same level, and as same level, and as same level, and as far apart as far apart as far apart as practicable. practicable. practicable. Headlamps...... Type 1 headlamps at Same as trucks and Not less than 24 ' On rear: 1 red to On rear: 1 red to the same height, 1 buses. inches, nor more amber on each side amber on each on each side of the than 54 inches. of the vertical side of the vertical vertical centerline; centerline, at the centerline, at the Type 2 headlamps same level, and same level, and at the same height, as far apart as as far apart as 1 on each side of the practicable. practicable. vertical centerline, as far apart as prac­ ticable.

FEDERAL REGISTER, VOL. 3 2 , N O . 2 3 — -FRIDAY, FEBRUARY 3 , 1 9 6 7 RULES AND REGULATIONS 2413

T able II—L ocation of E q u ipm en t— Continued field of view requirements of S3.1.1, an outside mirror of substantially unit mag­ Location on Height above road nification shall be installed on the pas­ surface measured Item from center of item senger’s side. Multipurpose passen­ on unloaded vehicle 53.2.2.1 Mounting. The mounting ger vehicles, trucks Trailers Truck tractors (other than truck shall provide a stable support for the tractors), and buses mirror, and the mirror and mounting shall be free of sharp points or edges that Identification lamps. On front and rear: 3 On rear: 3 red lamps On front: 3 amber On front only: No could contribute to pedestrian injury. lamps, amber in grouped in a hori­ lamps grouped in part of the lamps S3.3 Mirror construction. The re­ front, red in rear, zontal row with a horizontal row or mountings may grouped in a hori­ lamp centers spaced with lamp centers extend below the flectance value of the reflective film em­ zontal row, with not less than 6 spaced not less top of the vehicle’s ployed shall be at least 35 percent. If a lamp centers spaced inches nor more than 6 inches, nor windshield. not less than 6 ' than 12 inches apart more than 12 mirror is of the selective position pris­ inches, nor more and mounted as inches, apart and matic type, the reflectance value in the than 12 inches, close as practicable mounted as close apart and mounted to the vertical as practicable to night driving position shall be at least as close as practi­ centerline. the vertical 4 percent. cable to the vertical centerline. S.4. Demonstration procedures. Re­ centerline. flectance shall be determined in accord­ Clearance lamps___ On front and rear: 1 On front and rear: 1 On front: 1 amber ance with Society of Automotive Engi­ lamp, amber in lamp, amber in lamp as near as front, red in rear, front, red in rear, practicable to the neers Recommended Practice J964, as near as prac­ as near as prac­ upper left and “Test Procedure for Determining Re­ ticable to the upper ticable to the upper right extreme left and right ex­ left and right ex­ edges of the flectivity of Rearview Mirrors,” June treme edges of the treme edges of the vehicle. 1966. vehicle. vehicle. When the rear identi­ When the rear identi­ M otor V ehicle S afety S tandard No. 201 fication lights are fication lights are mounted at the ex­ mounted at the ex­ OCCUPANT PROTECTION IN INTERIOR IM­ treme height of the treme height of the vehicle, rear clear­ vehicle, rear clear­ PACT— PASSENGER CARS ance lamps may be ance lamps may be mounted at mounted at 51. Purpose and scope. This stand­ optional heights. optional heights. ard specifies requirements for instrument Intermediate side On each sides' 1 amber On each side: 1 amber Not less than 15 panels, seat backs, protrusions (including marker lamps. lamp located at or lamp located at or inches. knobs, switches, levers, handles, bezels, near the midpoint near the midpoint between the for­ between the for­ and panel contours), sun visors, and ward and aft side ward and aft side armrests to afford impact protection for marker lamps. marker lamps. occupants. Intermediate reflex On each side: 1 lo­ On each side: 1 lo­ Not less than 15 52. Application. This standard ap­ reflectors. cated at or near the cated at or near the inches, nor more plies to passenger cars. midpoint between midpoint between than 60 inches. the forward and aft "-the forward side 53. Requirements. side reflex reflectors. reflex reflectors. S3.1. Instrument panels. Except as provided in S3.1.1, when that area of the Motor Vehicle S afety S tandard N o. I l l 53.1.2.2 If the mirror is in the head instrument panel that is within the head impact area, the mounting shall break impact area or knee and leg impact area REARVIEW MIRRORS— PASSENGER CARS AND away without leaving sharp edges or de­ is impacted by a 15 pound, 6.5 inch diam­ MULITPURPOSE PASSENGER VEHICLES flect or collapse when the mirror is sub­ eter head form at a relative velocity of 51. Purpose and scope. This stand­ jected to a force of 90 pounds in a for­ 15 miles per hour, the deceleration of the ard specifies requirements for rearview ward or sideward direction in any plane head form shall not exceed 80g for 1.0 mirrors to provide the driver with k clear 45° above or below the horizontal. millisecond. and reasonably unobstructed view to the 53.2 Outside mirrors. 53.1.1 The requirements of S3.1 do rear. 53.2.1 Driver’s side. not apply to areas— 52. Application. This standard ap­ 53.2.1.1 Field of view. An outside (a) Less than 5 inches inboard from plies to passenger cars, multipurpose mirror shall be installed that provides the juncture of the instrument panel passenger vehicles, and passenger car the driver a view, of substantially unit attachment to the body side inner struc­ and multipurpose passenger vehicle magnification, of a level road surface ture; or, equipment. extending to the horizon from a line (b) Closer to the windshield juncture 53. Requirements. perpendicular to a plane tangent to the than those contactable by the head form 53.1 Inside rearview mirrors. driver’s side of the vehicle at the widest with the windshield in place. 53.1.1 Field of view. A mirror shall point and parallel to the longitudinal 53.1.2 Demonstration procedures be installed that provides the driver a axis of the vehicle extending 8 feet out Tests shall be performed as described view to the rear, of substantially unit from the tangent plane 35 feet behind in Society of Automotive Engineers magnification, with an included horizon­ the driver’s eyes, with the seat in the Recommended Practice J921, “Instru­ tal angle of at least 20 degrees and suffi­ rearmost position. The line of sight ment Panel Laboratory Impact Test cient vertical angle to provide a view of may be partially obscured by rear body Procedure,” June 1965, except that areas a level road surface extending to the or fender contours. of contact within the knee and leg im­ horizon beginning at a point not greater 53.2.1.2 Mounting. The mounting pact area shall be oriented to simulate than 200 feet to the rear of the vehicle shall provide a stable support for the the anticipated direction of contact. when the vehicle is occupied by the mirror and neither the mirror nor the 53.2 Seat backs. Except as provided driver and four passengers or the de­ mounting shall protrude further than in S3.2.1, when that area of the seat back signed occupant capacity, if less, based the widest part of the vehicle body, ex­ that is within the head impact area or on 150 pound average occupant weight, cept to the extent necessary to meet the knee and leg impact area is impacted by ■ihe line of sight may be partially ob­ requirements of S3.2.1.1. The mirror a 15 pound, 6.5 inch diameter head form scured by seated occupants or by head shall not be obscured by the unwiped at a relative velocity of 15 miles per hour, restraints. portion of the windshield, and shall be the deceleration of the head form shall 53.1.2 Mounting. adjustable from the driver’s seated posi­ not exceed 80g- for 1.0 millisecond or 83.1.2.1 The mirror mounting shall tion. The mirror and mounting shall be more: f 0™ a stable support for the mirror, free of sharp points or edges that could S3.2.1 The requirements of S3.2 do not hf^.fkall provide for mirror adjustment contribute to pedestrian injury. apply to areas of tops and backs of rear­ oy tilting in both horizontal and vertical 53.2.2 Passenger’s side. If the inside most, side-facing, back-to-back, folding, directions. mirror required by S3.1 does not meet the and temporary seats.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 2414 RULES AND REGULATIONS S3.2.2 Demonstration procedures. 53.4 Sun visors. 54.2 A Type 2 seat belt assembly that 53.2.2.1 Tests shall be performed as 53.4.1 Two sun visors shall be pro­ conforms to Motor Vehicle Safety Stand­ described in Society of Automotive Engi­ vided that are constructed of, or covered ard No. 209 shall be installed for the neers Recommended Practice J921, “In­ with energy-absorbing material. driver of any vehicle with forward con­ strument Panel Laboratory Impact Test 53.4.2 Each sun visor mounting shall trol configuration that does not meet the Procedure,” June 1965, except that areas present no rigid material edge radii of requirements of S4.1. of contact within the knee and leg im­ less than 0.125 inch that is contactable by 54.3 The steering control system shall pact area shall be substituted for the a spherical 6.5 inch diameter head form. be so constructed that no components or instrument panel and oriented to simu­ 53.5 Armrests. attachments, including horn actuating late the anticipated direction of contact. 53.5.1 General. Each armrest, in­ mechanisms and trim hardware, can 53.2.2.2 Adjustable forward seats stalled, shall conform to at least one of catch the driver’s clothing or jewelry shall be in the rearmost and lowest ad­ the following: during normal driving maneuvers. justed position that permits the accom­ (a) It shall be constructed with en­ ergy-absorbing material that deflects or M otor V ehicle S afety S tandard modation of a 95th percentile male No. 204 manikin in the rear seat. If the space collapses laterally away from the occu­ available for sitting height or buttock- pant at least 2 inches without permitting STEERING CONTROL REARWARD DISPLACE­ knee length in the rear seat is less than contact with any underlying rigid ma­ MENT-PASSENGER CARS that required by the 95th percentile male terial. (b) It shall be constructed with en­ 51. Purpose and scope* This stand­ manikin, the largest manikin that can ard specifies requirements limiting the be accommodated in the space available ergy-absorbing material that deflects or collapses to within 1.25 inches of a rigid rearward displacement of the steering shall be used, and the forward seat ad­ control into the passenger compartment justed back as far as space permits. test panel surface without permitting contact with any rigid material. Any to reduce the likelihood of chest, neck, 53.2.2.3 Reclinable seat backs shall be rigid material between 0.5 and 1.25 or head injury. in their full upright position. inches from the panel surface shall have 52. Application. This standard ap­ 53.3 Protrusions. Protrusions in the a minimum vertical height df not less plies to passenger cars. head impact area and knee and leg im­ than 1.00 inch. Upper and side edges 53. Definitions. pact area, including knobs, switches, of rigid material contactable by the oc­ “Steering column” means a structural levers, handles, bezels, and panel con­ cupant shall have radii of not less than housing that surrounds a steering shaft. tours, shall conform to the following: 0.75 inch. “Steering shaft” means a component ( a ) Protrusions shall— (c) In any adjusted position of the that transmits steering torque from the (1) Meet the performance require­ seat, with adjusted seat back angle not steering wheel to the steering gear. ments of S3.1; exceeding 28° from vertical, it shall pro­ 54. Requirements. (2) Be recessed in, or shielded by, a vide not less than 2 inches of substan­ 54.1 Except as provided in S4.2, the panel that meets the performance re­ tially vertical overlap of the pelvic im­ upper end of the steering column and quirements of S3.1 and prevents contact pact area, and, as installed, the top and shaft shall not be displaced horizontally with the protrusion by the head form sides of the mounting bracket contact- rearward parallel to the longitudinal axis during the demonstration procedure able by the occupant shall not have any of the vehicle relative to an undisturbed specified in S3.1.2; edges of rigid material of less than 0.75 point on the vehicle more than 5 inches, (3) In the case of head impact area inch radius. determined by dynamic measurement, in protrusions on the instrument panel, 53.5.2 Folding Armrests. Each arm­ a barrier collision test at 30 miles per protrude not more than 0.375 inch dur­ rest that folds into the seat shall either— hour minimum conducted in accordance ing application of a load of 90 pounds in (a) Meet the requirements of S3.5.1; with Society of Automotive Engineers the direction of head impact, or, in the or, Recommended Practice J850, “Barrier case of knee and leg impact area protru­ (b) Be constructed of or covered with Collision Tests,” February 1963. energy-absorbing material. sions and head impact area protrusions 54.2 A Type 2 seat belt assembly that not on the instrument panel, protrude M otor Vehicle S afety S tandard conforms to Motor Vehicle Safety Stand­ not more than 1.0 inch during applica­ No. 203 ard No. 209 shall be installed for the tion of a load of 90 pounds in the direc­ driver of any vehicle with forward con­ tion of head, knee, or leg impact, with IMPACT PROTECTION FOR THE DRIVER FROM THE STEERlNp CONTROL SYSTEM— PASSEN­ trol configuration that does not meet the the protrusion in the most adverse requirements of S4.1. normal position, and have an included GER CARS area of not less than 1.0 square inch 51. Purpose and scope. This stand­ M otor V ehicle S afety S tandard No. 205 when sectioned perpendicular to the di­ ard specifies requirements for steering GLAZING MATERIALS— PASSENGER CARS, MUL­ rection of impact not more than 0.125 control systems that will minimize chest, TIPURPOSE PASSENGER VEHICLES, MOTOR­ inch from the first point of contact be­ neck, and facial injuries to the driver as CYCLES, TRUCKS, AND BUSES tween the test manikin and the protru­ a result of impact. sion; or 51. Purpose and scope. This stand­ 52. Application. This standard ap­ ard specifies requirements for glazing (4) Detach upon application of a load plies to passenger cars. of 90 pounds in the direction of head, 53. Definitions. “Steering control sys­ materials to reduce lacerations to the knee, or leg impact, leaving no residual tem” means the basic steering mecha­ face, scalp, and neck, and to minimize protrusion that does not meet the re­ nism and its associated trim hardware, the possibility of occupants being thrown quirements of (1), (2), or (3). including any portion of a steering col­ through the vehicle windows in col­ umn assembly that provides energy ab­ lisions. (b) Edge radii shall not be less than 52. Application. This standard ap­ 0.125 inch. sorption upon impact. 54. Requirements. plies to glazing materials for use in pas­ (c) Protrusion of bezels shall not ex­ senger cars, multipurpose passenger ve­ ceed 0.375 inch. S4.1 Except as provided in S4.2, when the steering control system is impacted hicles, motorcycles, trucks, and buses. (d) Transmission shift levers shall by a body block in accordance with So­ 53. Requirements. have an included area of not less than ciety of Automotive Engineers Recom­ S3.1 Materials. Glazing materials 1.0 square inch when sectioned perpen­ mended Practice J944, “Steering Wheel used in windshields, windows, and inte­ dicular to the axis of the lever within 0.25 Assembly Laboratory Test Procedure,” rior partitions shall conform to United inch from the tip. December 1965, or an approved equiv­ States of America Standards Institute (e) For any protrusion consisting of alent, at a relative velocity of 15 miles “American Standard Safety Code for energy-absorbing material over a rigid per hour, the impact force developed on Safety Glazing Materials for Glazing support, the measurements specified in the chest of the body block transmitted Motor Vehicles Operating on Land Hign- (a) through (d) apply only to the rigid to the steering control system shall not ways,” USA Standard Z26.1-1966, July support. exceed 2,500 pounds. 15, 1966.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 RULES AND REGULATIONS 2415

S3.2 Edges. In vehicles, except 53. Requirements. passenger dar seat position that includes school buses, exposed edges shall be 53.1 General. Except for folding the windshield header within the head tre a te d in accordance with Society of auxiliary jump seats and sidefacing impact area. Automotive Engineers Recommended seats, each occupant seat installation S3.1.2 The requirements of S3.1 do p ra c tic e J673, “Automotive Glazing,” shall withstand the loads specified in not apply to folding auxiliary jump June I960. In school buses, exposed S3.1.1, S3.1.2, and S3.1.3. seats, side-facing seats, and rearfacing edges shall be banded. 53.1.1 The following loads shall be seats. applied simultaneously— M otor Vehicle S afety S tandard No. 209 Motor Vehicle S afety S tandard No. 206 (a) Twenty times the weight of the door latches and door hinge system s— entire seat in a forward longitudinal di­ SEAT BELT ASSEMBLIES— PASSENGER CARS, PASSENGER CARS rection; and MULTIPURPOSE PASSENGER VEHICLES, 51. Purpose and scope. This stand­ (b) If the seat belt assembly is di­ TRUCKS, AND BUSES rectly attached to the seat, the total load 51. Purpose and scope. This stand­ ard specifies load requirements for door imposed on the seat by simultaneous ap­ latches and door hinge systems to mini­ ard specifies requirements for seat belt plication of maximum loads required by assemblies. mize the probability of occupants being Motor Vehicle Safety Standard No. 209 thrown from the vehicle in a collision. for all attached seat belt assemblies. 52. Application. This standard ap­ 52. Application. This standard ap­ 53.1.2 A load equal to 20 times the plies to seat belt assemblies for use in plies to latches and door hinge systems weight of the entire seat shall be applied passenger cars, multipurpose passenger for side doors used for occupant ingress in a rearward longitudinal direction. vehicles, trucks, and buses. or egress on passenger cars. 53.1.3 A load equal to a 3,300 inch 53. Requirements. Seat belt assem­ 53. Requirements. pound moment about the “H” point for blies shall meet the requirements of De­ 53.1 Door locks. Each door shall be each occupant position for which the partment of Commerce, National Bureau equipped with a locking device with an seat is designed shall be applied to the of Standards, operating means in the interior of the upper cross member in a rearward lon­ Standards for Seat Belts for Use in vehicle. gitudinal direction. Motor Vehicles (15 CFR 9) (31 F.R. 53.2 Door hinges. Each door hinge 11528). system shall support the door and with­ 53.2 The.seat adjusters need not be stand an ultimate longitudinal load of operable after the application of the This Standard supersedes Department 2,500 pounds and an ultimate transverse loads specified in S3.1.1, S3.1.2, and of Commerce, National Bureau of Stand­ S3.1.3. ards, Standards for Seat Belts for Use in load of 2,000 pounds. 53.3 Folding and hinged seats. A Motor Vehicles (15 CFR 9) (30 FJt. 53.3 Door latches. hinged or folding seat or seat back shall 8432). 53.3.1 Longitudinal load. The door be equipped with a self-locking, restrain­ latch and striker assembly shall with­ ing device and a control for releasing the M otor Vehicle Safety S tandard No. 210 stand a longitudinal load of 2,500 pounds in the fully latched position and 1,000 restraining device., SEAT BELT ASSEMBLY ANCHORAGES— 53.3.1 The release control shall be PASSENGER CARS pounds in the secondary latched posi­ readily accessible to the occupant of that tion. seat and to the occupant of any seat 51. Purpose and scope. This standard 53.3.2 Transverse load. The door immediately behind that seat, and shall specifies the requirements for seat belt latch and striker assembly of hinged be constructed to preclude inertial re­ assembly anchorages to ensure proper doors shall withstand a transverse-load lease when loaded longitudinally to 20g. location for effective occupant restraint of 2,000 pounds in the fully latched posi­ 53.3.2 The restraining device shall not and reduce the likelihood of failure in tion and 1,000 pounds in the secondary release or fail when a forward longitudi­ collisions. latched position. nal load equal to 20 times the weight of 52. Application. This standard ap­ 53.3.3 Inertia load. The door latch the entire seat back is applied at the plies to passenger cars. shall not move from the fully latched center of gravity of the seat back. 53. Definitions. position when a longitudinal or trans­ 54. Demonstration procudures. “Seat belt anchorage” means the pro­ verse inertia load of 30g is applied to the 54.1 Dynamic or static testing tech­ vision for transferring seat belt assembly door latch system (including the latch niques may be used. loads to the vehicle structure. and its actuating mechanism). 54.2 Static testing of seats shall be 54. Requirements. 54. Demonstration procedures. conducted in accordance with Society of 54.1 Type. Except as provided in 54.1 Door hinges. Door hinges shall Automotive Engineers Recommended S4.1.1 and S4.1.2, anchorages for a Type be tested in accordance with the Society Practice J879, “Passenger Car Front Seat 1 or Type 2 seat belt assembly, as appli­ of Automotive Engineers Recommended and Seat Adjuster,” November 1963, cable, shall be provided for each des­ Practice J934, “Vehicle Passenger Door using the values specified in and the pro­ ignated seating position in accordance Hinge Systems,” July 1965. cedures applicable to this standard. with Table I. 54.3 Distributed loads may be re­ 54.2 Door latches. Door latches 54.1.1 Anchorages for either a Type shall be tested in accordance with So­ placed by concentrated loads at the load­ ing centroid. 1 or Type 2 seat belt assembly shall be ciety of Automotive Engineers Recom­ provided for each designated seating mended Practice J839b, “Passenger Car M o t o r V e h ic l e S a f e t y S ta n d a r d N o . 208 position in a convertible. Side Door Latch Systems,” May 1965. SEAT BELT INSTALLATIONS— PASSENGER CARS 54.1.2 Anchorages need not be pro­ 54.3 Inertia load. Ability of the vided for folding, auxiliary jump seats. latch system to meet the requirements 51. Purpose and scope. This standard for inertia load shall be demonstrated establishes requirements for seat belt T able I by approved tests or in accordance with installations. Section 5 of SAE Recommended Practice Seat belt 52. Application. This standard ap­ Seating position assembly J839b, May 1965. plies to passenger cars. required Motor Vehicle S afety S tandard No. 207 53. Requirements. 53.1 Except as provided in S3.1.1 Type 2. ANCHORAGE OF SEATS— PASSENGER CARS Forward-facing seat. Type 1. and S3.1.2, a Type 1 or Type 2 seat belt Rearward-faciùg Outboard and in­ Type 1. 51. Purpose and scope. This stands assembly that conforms to Motor Vehicle seat. board. establishes requirements for seats, th Safety Standard No. 209 shall be in­ Type 1. attachment assemblies, and their i stalled in each passenger car seat posi­ stallation to minimize the possibility tion. S4.2 Strength. i ailure by forces acting on the seat ai 53.1.1 Except in convertibles a Type S4.2.1 When tested in accordance result of vehicle impact. 2 seat belt assembly that conforms to with S5.1 or an equivalent dynamic test, 52. Application. This standard a Motor Vehicle Safety Standard No. 209 no anchorage shall fail when a 5,000 Phes to passenger cars. shall be installed in each outboard pound load is applied to the body block.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 No. 23—Pt. II------2 2416 RULES AND REGULATIONS

54.2.2 When tested in accordance S4.3.2 Type 2 upper torso seat belt wheel discs, and hub caps that constitute with S5.2 or an equivalent dynamic test, assembly anchorages. a hazard to pedestrians and cyclists. no anchorage shall fail when a 3,000 54.3.2.1 With the seat in its rearmost 52. Application. This standard ap­ pound load is applied to the pelvic body position, and the seat back in its rear­ plies to passenger cars, multipurpose block together with a 3,000 pound load most driving position, the anchorage for passenger vehicles, and passenger car on the upper torso body block. the upper end of the upper torso re­ and multipurpose passenger vehicle 54.2.3 Permanent deformation, in­ straint shall be to the rear of the exten­ equipment. cluding rupture or breakage, of any an­ sion of the torso line of the two-dimen­ 53. Requirements. Wheel nuts, hub sional manikin described in Society of caps, and wheel discs for use on passen­ chorage or surrounding area shall not Automotive Engineers Standard J826, ger cars and multipurpose passenger ve­ constitute failure if the required load “Manikins for Use in Defining Vehicle hicles shall not incorporate winged is attained. Seating Accommodation,” November projections. ' 1962. If the angle of the upper torso 54.2.4 Except as provided in S4.2.5, M otor Vehicle S afety S tandard No 301 belt assemblies having a common an­ restraint passing from the shoulder of a chorage shall be tested simultaneously. seated 95th percentile adult male to the FUEL TANKS, FUEL TANK FILLER PIPES, AND anchorage, or to a structure between the FUEL TANK CONNECTIONS— PASSENGER CARS 54.2.5 Common anchorages for for­ shoulder point and the anchorage is ward and rearward facing seating posi­ 51. Purpose and scope. This standard downward from the horizontal, it shall specifies requirements for the integrity tions shall not be tested simultaneously. be not more than 40 degrees. and security of fuel tanks, fuel tank filler S4.3 Location. S5. Demonstration. procedures. pipes, and fuel tank connections to mini­ 54.3.1 Type 1 and pelvic portion of 55.1 Seats with Type 1 or Type 2 seat mize fire hazard as a result of collision. Type 2 seat belt assembly anchorages. belt anchorages. With the seat in its 52. Application. This standard ap­ 54.3.1.1 For installations in which the rearmost position, the load specified in plies to passenger cars. belt passes around the outside of the seat, S4.2.1 shall be applied at an angle of 5 53. Requirements. When tested in degrees or more, but less than 15 degrees accordance with S4: a line from the anchorage to the oc­ above the horizontal to an appropriate (a) Fuel tank filler pipes, fuel tank cupant’s “H” point shall make an angle body block restrained by a Type 1 or connections to fuel lines, and fuel tanks with the horizontal as near as practic­ pelvic portions of a Type 2 seat belt as­ filled to at least 90 percent of capacity able to 45 degrees with the seat at the sembly, as applicable. with a liquid having substantially the midpoint of its adjustment range. 55.2 Seats with Type 2 seat belt an­ same viscosity as, and specific gravity no 54.3.1.2 For installations in which the chorages. With the seat in its rearmost less than, the fuel used in the vehicle, belt passes through the springs or over position, the load specified in S4.2.2 shall shall not discharge fluid at a rate greater be applied at an angle of 5 degrees or than 1 ounce (by weight) per minute the seat frame, the anchorage shall be aft after termination of impact. of the rearmost position of the springs or more but less than 15 degrees above the horizontal to an appropriate body block (b) Fluid losses during impact shall seat bottom frame rear bar and the angle not exceed 1 ounce (by weight). between the horizontal and the line of restrained by a Type 2 seat belt as­ sembly. 54. Demonstration procedures. A front the belt from the occupant’s “H” point end longitudinal barrier collision test with the belt snug, but not loaded, shall M otor Vehicle S afety S tandard N o. 211 shall be conducted at a speed of at be as near as practicable to 45 degrees. WHEEL NUTS, WHEEL DISCS, AND HUB CAPS— least 30 miles per hour in accordance 54.3.1.3 Anchorages for an individual PASSENGER CARS AND MULTIPURPOSE PAS­ with Society of Automotive Engineers SENGER VEHICLES Recommended Practice J850, “Barrier seat belt assembly shall be located, as Collision Test,” February 1963. near as practicable, 15 inches apart SI. Purpose and scope. This stand­[F.R. Doc. 67-1352; Filed, Feb. 2, 1967; laterally. ard precludes the use of wheel nuts, 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 PROPOSED RULE MAKING 2417

It is requested that the comments in­ [ 23 CFR Part 255 1 DEPARTMENT OF COMMERCE clude, wherever possible, information in terms of required angles of vision com­ [Docket No. 8; Notice No. 67-2] National Traffic Safety Agency patible with the wiped area percentages INITIAL FEDERAL MOTOR VEHICLE [ 23 CFR Part 255 3 shown in Table I of the standard. SAFETY STANDARDS Standard No. 201 specified require­ [Docket No. 7; Notice No. 67—1] ments for instrument panels, seat backs, Advance Notice of Proposed Rule INITIAL FEDERAL MOTOR VEHICLE protrusions, sun visors, and armrests to Making SAFETY STANDARDS afford impact protection for occupants. Twenty Initial Motor Vehicle Safety It was the Agency’s intent to provide Standards were established under sec­ Advance Notice of Proposed Rule special means of protection for the un­ tion 103 of the National Traffic and Making restrained child in addition to the pro­ Motor Vehicle Safety/ Act of 1966 on Motor Vehicle Safety Standards No. tection afforded to all occupants by the January 31, 1967. However, Notice of 104, “Windshield Wiping and Washing standard. However, it was necessary to Proposed Rule Making No. 1 of November Systems—Passenger Cars,” No. 201, “Oc­ delete the phrase “unrestrained child 30, 1966, 31 P.R. 15212, was not finalized cupant Protection in Interior Impact— impact area” from the adopted standard with respect to proposed Standards Nos. Passenger Cars,” and No. 206, “Door because of difficulties encountered with 109, 110, and 202 because of lack of com­ Latches and Door Hinge Systems—Pas­ the proposed definition of the term which plete and sufficient reliable information senger Cars” were issued on January 31, could not be resolved in time to be in­ on the subject matters of these Stand­ 1967, under the provisions of the Na­ cluded in the initial standards. ards and in order to take into con­ tional Traffic and Motor Vehicle Safety The Agency intends to proceed with sideration new technical or medical Act of 1966. The Agency has under con­ the development of requirements to fur­ information that has become available. sideration the issuance of a proposed ther reduce the impact hazard to the un­ This advance notice is issued to pursue amendment to each of these standards. restrained child and therefore is con­ these matters further. It supersedes the This advance notice of proposed rule sidering the issuance of a proposed proposals relating to these Standards in making is being issued pursuant to the amendment to achieve this objective. Notice No. 1. Agency’s policy for the early institution Comments are requested to assist the of public rule making proceedings. An Agency in arriving at a reasonable, prac­ M otor V ehicle S afety S tandard N o. 109 advance notice is issued when it is found ticable and effective solution to the NEW PNEUMATIC TIRES,’ PASSENGER CARS problem. that the resources of the Agency and The Agency is considering the issuance reasonable inquiry outside the Agency Standard No. 206 specifies load re­ do not yield a sufficient basis to identify quirements for door latches and door of a proposed motor vehicle safety stand­ and select tentative or alternate courses hinge systems to minimize the probabil­ ard on new pneumatic tires for use on of action upon which a rule making pro­ ity of occupants being thrown from the passenger cars, and solicits comments on cedure might be undertaken, or when it vehicle in a collision. The Agency is safety performance requirements that would otherwise be helpful to invite considering the issuance of a proposed are both reasonable and practicable and early public participation in the identi­ amendment to paragraph S3.1 of this provide an adequate level of safety. fication and selection of such tentative standard to minimize the possibility of Persons commenting are invited to or alternate courses of action. The sub­ door openings due to inadvertent or ac­ make suggestions on incorporating into ject matter has been found to involve the cidental operation of the inside latch the proposed initial Federal standards of situation contemplated by this policy. handle; to prevent accidental operation any part or all of any tire standard in Interested persons are invited to par­ of the outside latch release; and to existence at the time of this notice, in­ ticipate in the making of these amend­ minimize the difficulty of gaining access cluding such standards as promulgated ments by submitting such written data, to the interior of the vehicle after a crash by the Vehicle Equipment Safety Com­ views, or arguments as they may desire. with the occupants- immobilized. Com­ mission, the General Services Adminis­ All comments must identify the docket ments are solicited as to performance tration, The Tire and Rim Association, and notice number and be submitted to standards for accomplishing these de­ Rubber Manufacturers Association or the National Traffic Safety Agency, U.S. sired results in a reasonable and practical others. Department of Commerce, Room 3807, manner. Particular attention is directed to the Washington, D.C. 20230. Ten copies are It is also requested that comments possibility of adapting the recently pub­ required. include, wherever possible, performance lished Society of Automotive Engineers All communications received will be Recommended Practice J918b (January available both before and after the clos­ standards to make it more difficult for 1967) as a basis in whole or part for ing date for examination by interested unauthorized persons to gain access to a the proposed Federal standard with ap­ persons. parked and locked vehicle. This benefit, propriate modifications to take into Comments must be submitted on or while related to reducing thievery, is an account sizes and types of tires not ade­ before April 10, 1967 with respect to important safety feature insofar as a quately covered in the Practice; to re­ Standard No. 104 and on or before May 9, substantial percentage of stolen vehicles concile the differences between the load-pressure schedules used in the vari­ 1967 with respect to Standards Nos. 201 later become involved in accidents. and 206. All timely comments will be ous countries, especially in the case of This action is taken under the au­ considered. radial tires; and to cover cases in which thority of sections 103 and 119 of the Standard No. 104 applies to passenger tires of the same material and the same cars of 68 or more inches overall width National Traffic and Motor Vehicle nominal load-carrying capacity are con­ and specifies requirements for wind­ Safety Act of 1966 (15 U.S.C. 1392,1407) sidered to have different carcass strength shield wiping and washing systems. The and the delegations of authority of Octo­ Agency is considering the issuance of a and bead unseating requirements. ber 20, 1966 (31 P.R. 13952) and Janu­ The Act provides in section 201 of Title proposed amendment to extend the ap­ ary 24, 1967 (32 F.R. 1005). plicability of the standard to passenger n that in all standards for new pneu­ cars of less than 68 inches overall width, Issued in Washington, D.C., on Janu­ matic tires established under Title I, the m u itip ^ se passenger vehicles, trucks, ary 31, 1967. Secretary shall require that tires subject and buses, and solicits comments per­ taining to windshield wiping and wash- Lowell K. B ridwell, thereto be permanently and conspicu­ ng requirements that provide a level of Acting Under Secretary ously labeled with appropriate safety saiety ^ performance for these vehicles of Commerce for Transportation. information. .Comments are invited as . k*13'*' required by the stand- [F.R. Doc. 67-1353; Filed, Feb. 2, 1967; to how these labeling requirements can a for the larger passenger cars. 8:45 a.m.] best be met.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 2418 PROPOSED RULE MAKING

M otor Vehicle Safety S tandard N o. 110 All communications received will be Standard No. 103 requires a windshield TIRE SELECTION AND RIMS, PASSENGER CARS available both before and after the clos­ defrosting and defogging system. The ing date for examination by interested Agency is considering amending Stand­ This Standard as proposed before uti­ persons. ard No. 103 to specify performance re­ lized tire load rating values and other Comments must be submitted on or quirements for this system. requirements specified in Motor Vehicle before May 9,1967 with respect to Stand­ Standard No. 105 requires that if Safety Standard No. 109—New Pneu­ ard No. 202 and on or before March 9, failure of pressure components or insuf­ matic Tires—Passenger Cars which also 1967 with respect to Standards Nos. 109 ficient hydraulic fluid in the service was not finalized. and 110. All timely comments will be brake system causes loss of pressure in The Agency is considering the issuance considered. _ a pressure component, the remaining of an initial motor vehicle safety stand­ The action is taken under the authority portion of the brake system shall pro­ ard on tire selection and rims for pas­ of sections 103 and 119 of the National vide a stop of the loaded vehicle. The senger cars and solicits comments as to Traffic and Motor Vehicle Safety Act of Agency is considering amending Stand­ safety performance requirements that 1966 (15 U.S.C. 1392,1407) and the dele­ ard No. 105 to include specified emer­ are both reasonable and practicable and gations of authority of October 20, 1966 gency system performance. provide an adequate level of safety per­ (31 F.R. 13952) and January 24,1967 (32 The Agency also is considering amend­ formance. F.R. 1005). ing Standard No. 103 to specify certain It is requested that comments be di­ additional lighting requirements for rected toward incorporating in this pro­ Issued in Washington, D.C., on Janu­ ary 31,1967. these vehicles and issuing Standard No. posed standard the tire load rating and 112 which specifies lighting requirements other requirements for tire safety per­ L o w e l l K . B r id w e l l , for passenger cars; motorcycles; multi­ formance that might be established in Acting Under Secretary purpose vehicles, and trucks, trailers, Standard No. 109 for new pneumatic of Commerce for Transportation. and buses, less than 80 inches wide tires—passenger cars. [F.R. Doc. 67-1354; Filed, Feb. 2, 1967; overall. M otor Vehicle S afety S tandard No. 202 8:45 a.m.] In consideration of the foregoing it is proposed to amend section 255.21 of Part HEAD RESTRAINTS PASSENGER CARS 255 of the Motor Vehicle Safety regula­ The Agency is considering the issuance [ 23 CFR Part 255 ] tions as set forth below. of a proposed motor vehicle safety stand­ [Docket No. 9; Notice No. 67-3] This notice is issued under the au­ ard on head restraints (headrests) or thority of sections 103 and 119 of the other systems that will reduce the likeli­ INITIAL FEDERAL MOTOR VEHICLE National Traffic and Motor Vehicle hood of neck injuries sustained in rear SAFETY STANDARDS Safety Act of 1966 and the delegations of end crashes, and solicits comments on authority of October 20, 1966 (31 F.R. safety performance requirements that Notice of Proposed Rule Making 13952) and January 24, 1967 (32 F.R. are both reasonable and practicable and Motor Vehicle Safety Standards No. 1005). provide an adequate level of safety per­ 103, “Windshield Defrosting and Defog- formance. ging—Passenger Cars and Multipurpose Issued in Washington, D.C., on Jan­ uary 31, 1967. Persons commenting are invited to di­ Vehicles,” No. 105, “Hydraulic Service rect their attention to the possibility of Brake, Emergency Brake, and Parking L o w e l l K . B r id w e l l , amending any or all of the following Brake Systems—Passenger Cars,” and Acting Under Secretary motor vehicle safety standards so as to No. 108, “Lamps, Reflective Devices, and of Commerce for Transportation. incorporate head restraint requirements Associated Equipment—Multipur­ within a single unified system of occu­ pose Passenger Vehicles, Trucks, Trailers, (1) Amend Motor Vehicle Safety pant seating and restraint arrange­ and Buses, 80 or more Inches Wide Over­ Standard No. 103 to read: all” were issued on January 31, 1967, ments: Motor Vehicle Safety Standard W in d s h ie l d D e f r o s t in g and D efogging— No. 207—Anchorage of Seats—Passen­ under the provisions of the National Traffic and Motor Vehicle Safety Act of P a sse n g er C ars and M ultipurpose ger Cars; Motor Vehicle Safety Stand­ P a sse n g er V e h ic l e s ard No. 208—Seat Belt Installations— 1966. The Agency has under considera­ Passenger Cars; Motor Vehicle Safety tion the issuance of a proposed amend­ 51. Purpose and scope. This stand­ Standard No. 209—Seat Belt Assem­ ment to each of these standards and the ard specifies requirements for providing blies—Passenger Cars, Multipurpose Pas­ issuance of an initial Motor Vehicle reasonable vision through the windshield senger Vehicles, Trucks, and Buses; Safety Standard No. 112, “Lamps, Re­ during frosting and fogging conditions. Motor Vehicle Safety Standard No. 210— flective Devices, and Associated Equip­ 52. Application. This standard ap­ Seat Belt Assembly Anchorages—Passen­ ment-Passenger Cars; Motorcycles; plies to passenger cars and multipurpose ger Cars. and, Multipurpose Passenger Vehicles, passenger vehicles, manufactured for It is requested that comments include Trucks, Trailers, and Buses, less than 80 sale in the Continental United States. full engineering and medical information Inches Wide Overall.” 53. Requirement. A windshield de­ and other supporting evidence. Interested persons are invited to par­ frosting and defogging system shall be It is further requested that attention ticipate in the making of these amend­ provided that meets the requirements of be directed to the problem of manufac­ ments by submitting with written data, section 3 of Society of Automotive Engi­ turers being able to produce enough head views, or arguments as they may desire. neers Recommended Practice J902, “Pas­ restraints to meet the demand that would All comments must identify the docket senger Car Windshield Defrosting Sys­ be created by adoption of a proposed and notice number and be submitted to tem,” August 1964, when tested in standard. the National Traffic Safety Agency, U.S. accordance with S4., except that the crit­ ical area shall be that established as Interested persons are invited to par­ Department of Commerce, Room 3807, ticipate in the making of these amend­ Washington, D.C. 20230. Ten copies are Area C in accordance with Motor Vehicle ments by submitting such written data, required. Safety Standard No. 104. views, or arguments as they may desire. All communications received will be 54. Demonstration procedures. The All comments must identify the docket available both before and after the clos­ windshield defrosting and defogging and notice number and be submitted to ing date for examination by interested system shall be tested in accordance with the National Traffic Safety Agency, U S. persons. the applicable portions of section 4 of Department of Commerce, Room 3807, Comments must be submitted on or SAE Recommended Practice J902, Au­ Washington, D.C. 20230. Ten copies are before March 9, 1967, with respect to gust 1964, except that: required. All comments must comply Standard No. 105 anti on or before (a) Engine speed shall not exceed that with the requirements of Part 215 (31 April 10, 1967, with respect to Standards at 25 m.p.h. in the highest gear. F.R. 13129) of Title 23, Code of Federal Nos. 103, 108, and 112. All timely com­ (b) Room air change of 90 times per Regulations. ments will be considered. hour is not required.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 PROPOSED RULE MAKING 2419

(c) Windshield wipers may be used and side-marker lamps shall be illumi­ 53.1.1.5 Truck tractors need not be during test provided they are operated nated when the headlamps are illumi­ equipped with turn-s i g n a 1 lamps without manual assist. nated. mounted on the rear if the turn-signal (d) One window may be open one S3.4.4 Except as provided in S3.4.4.1 lamps at or near the front are so con­ inch. through S3.4.4.4, stoplamps shall be actu­ structed (double-faced) and so located (2) Amend Motor Vehicle Safety ated upon application of any service or that they are visible to overtaking pass­ Standard No. 105, paragraph S4.2.1 to emergency brakes. ing drivers. read: 53.4.4.1 Stoplamps need not be actu­ 53.1.1.6 Additional lamps, reflective Emergency System Performance. If ated upon application of the parking devices, and associated equipment may failure of a pressure component or in­ brake. If the emergency brake system is be-installed, provided they do not im­ sufficient hydraulic fluid in the system used also as a parking brake, the stop- pair the effectiveness of the required causes loss of pressure in any part of the lamps need not be actuated when the equipment. brake system, the remaining portion of vehicle is parked. 53.1.1.7 Reflective material conform­ the brake system shall provide a stop of 53.4.4.2 Stoplamps on a towing ve­ ing to Federal Specification L-S-300, the vehicle loaded in accordance with hicle need not be actuated upon applica­ “Sheeting and Tape, Reflective; Nonex- SAE Recommended Practice J843a, June tion of brakes to the towed vehicle only. posed Lens, Adhesive Backing,” Septem­ 1966, from a speed of 60 m.p.h., in not 53.4.4.3 Stoplamps on a towed vehicle ber 7, 1965, may be used in lieu of the more than 646 feet, without pulling or need not be actuated in the event it is side reflex reflectors prescribed in swerving to the extent that would cause separated from the towing vehicle. S3.1.1: Provided, That this material, as the vehicle to leave a level, 12-foot wide (5) Add the following new paragraph used on the vehicle, meets the perform­ lane on a clean, dry, smooth, Portland after S3.4.4.3: ance standards in Table I of Society of cement concrete pavement (or other sur­ 53.4.4.4 Stoplamps that are combined Automotive Engineers Standard J594c, face with equivalent coefficient of sur­ optically with turn-signal lamps need “Reflex Reflectors,” February 1965. face friction). not be actuated when the combination S3.1.2 School buses. (3) Amend Motor Vehicle Safety is used as a turn signal or as a vehicular 53.1.2.1 Sch ool buses shall be Standard No. 108 by adding the follow­ hazard warning signal. equipped with four red signal lamps de­ ing new paragraphs after paragraph (6) Add the following new initial signed to conform to SAE Standard J887, ¡33.11.3: Motor Vehicle Safety Standard No. 112 “School Bus Red Signal Lamps,” July S3.1.1.4 Reflective material conform­ to read : 1964, and four amber signal lamps de­ ing to Federal Specification L-S-300, M otor Vehicle S afety S tandard N o. 112 signed to conform to that standard, ex­ “Sheeting and Tape, Reflective; Nonex- cept for color. posed Lens, Adhesive Backing,” Septem­ LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED 53.1.2.2 Except as provided in ber 7, 1965, may be used in lieu of the . EQUIPMENT— PASSENGER CARS; MOTOR­ 53.1.2.2.1 and S3.1.2.2.2, the red and am­ side reflex reflectors prescribed in S3.1.1: CYCLES; MULTIPURPOSE PASSENGER VE­ ber signal lamps prescribed in S3.1.2.2 Provided, That this material, as used on HICLES, AND, TRUCKS, TRAILERS shall be installed in accordance with SAE the vehicle, meets the performance 51. Purpose and scope. This stand­ Standard J887, July 1964. standards in Table I of SAE Standard ard specifies requirements for lamps, re­ 53.1.2.2.1 An amber signal lamp shall J594c, “Reflex Reflectors,” February flective devices, and associated equip­ be located near each red signal lamp, at 1965. ment, for signalling and to enable safe the same level, but closer to the vertical S3.1.2 Schoolbuses. operation in darkness and other condi­ centerline of the bus. 53.1.2.1 School buses shall be tions of reduced visibility. 53.1.2.2.2 The system of red and equipped with four red signal lamps de­ 52. Application. This standard ap­ amber signal lamps shall be wired so signed to conform to SAE Standard J887, plies to passenger cars; motorcycles; that: “School Bus Red Signal Lamps,” July multipurpose passenger vehicles, and, (a) The amber signal lamps are ener­ 1964, and four amber signal lamps de­ tracks, trailers, and buses, that are less gized manually; and signed to conform to that standard, ex­ than 80 inches wide overall, except pole (b) The red signal lamps are auto­ cept for color. trailers and trailer converter dollies. matically energized, and the amber sig­ 53.1.2.2 Except as provided in S3.1.2.- 2.1 and S3.1.2.2.2, the red and amber 53. Requirements. nal lamps are automatically deenergized, signal lamps prescribed in S3.1.2.2 shall 53.1 Equipment. when the bus entrance door is opened. be installed in accordance with SAE 53.1.1 Except as provided in S3.1.1.1 53.2 Location of lamps and reflectors. Standard J887, July 1964. through S3.1.1.7, vehicles shall be 53.2.1 Except as provided in S3.2.1.1 53.1.2.2.1 An amber signal lamp shall equipped with lamps, reflective devices, and S3.2.1.2, lamps, reflective devices, be located near each red signal lamp, at and associated equipment, in the num­ and associated equipment required by the same level, but closer to the vertical bers of units and designed to conform to 53.1 shall be installed in accordance with centerline of the bus. the standards specified in Table I. Table II. 53.1.2.2.2 The system of red and am­ 53.1.1.1 Track tractors need not be 53.2.1.1 On truck tractors, the red ber signal lamps shall be wired so that: equipped with more than two red Class rear reflex reflectors may be mounted on A reflex reflectors (mounted on the rear), the back of the cab. (a) The amber signal lamps are ener­ nor any red side marker lamps. gized manually; and 53.1.1.2 Until January 1, 1969, pas­ 53.2.1.2 The visibility provision for (b) The red signal lamps are auto­ senger cars, tracks, trailers, and buses backup lamps need not be complied With matically energized, and the amber sig­ may be equipped with Class B red reflex until January 1, 1969. nal lamps are automatically deenergized, reflectors on the rear of the vehicle. 53.2.2 The red to amber turn-signal when the bus entrance door is opened. 53.1.1.3 Until January 1, 1969, pas­ lamps on trailers required by S3.1 shall (4) Amend Motor Vehicle Safety senger cars, trucks, trailers, and buses be mounted on the rear in accordance Standard No. 108, paragraphs S3.4.2 may be equipped, on each side of the with Table II. through S3.4.4.3 to read: vehicle, with either : S3.3 Lamp combinations and equip­ 53.4.2 A means for indicating to the (a) 1 Class A (red) and 1 Class A ment combinations. Two or more driver when the upper beams of the head­ (amber) reflex reflector; or lamps, reflective devices, and items of lamps are on shall be provided in ac­ (b) 1 red and 1 amber side marker associated equipment may be combined cordance with SAE Recommended Prac­ lamp. if the requirements for each lamp, re­ tice J564a, April 1964, except that the 53.1.1.4 Until January 1, 1969, pas­ flective device, and item of associated signal color need not be red. senger cars, trucks, trailers, and buses equipment are met, except that; may be equipped with Class B turn signal (a) No turn-signal lamp may be com­ lamps. bined optically with any lamp that pro-

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 2420 PROPOSED RULE MAKING

duces a greater light intensity than the T able I—E quipment turn signal; Number and color in accordance with Society of Automotive (b) No turn-signal lamp may be com­ Engineers Standard J578a, April 1965, required on— In accordance with bined optically with a stoplamp unless Item SAE standard the stoplamp is extinguished when the or recommended Passenger cars, multipur­ practice turn signal is flashing. pose passenger vehicles, Trailers Motorcycles S3.4 Special wiring requirements. trucks, and buses 53.4.1 A means for switching between lower and upper headlamp beams shall Headlamps. 2 white, 7-inch, Type 2 head­ J580a, June 1966, and lamp units; or 2 white, J579a, August 1965. be provided in accordance with SAE 5%-inch, Type 1 head­ Recommended Practice J564a, “Head­ lamp units and 2 white, 5%-ineh, Type 2 head­ lamp Beam Switching,” April 1964, or lamp units. with SAE Recommended Practice J565a, J584, April 1964. Taillamps______J585c, June 1966. “Semi-Automatic Headlamp Beam Stoplamps______2 red to amber___ 1 red to amber. . ..; J586b, June 1966. Switching Devices,” April 1965. License plate lamp.. J587b, April 1964. Parkinglamps_____ J592b, April 1964. 53.4.2 A means for indicating to the Reflex reflectors___ 4 Class A red; 2 Class A 4 Class A red; 3 Class B red; J594c, February 1965. driver when the upper beams of the amber. 2 Class A am­ 2 Class B am­ ber. ber. headlamps are on shall be provided in Side-marker lamps.. J592b, April 1964. accordance with SAE Recommended Backup lamp__ $¡£*4 J593b, May 1966. Practice J564a, April 1964, except that Turn-signal lamps... 2 Class A red to amber; 2 2 Class A red to J588d, June 1966. Class A amber. amber. the signal color need not be red. Turn-signal operat­ 1 J589, April 1964. ing unit. 53.4.3 Taillamps, license plate lamps, Turn-signal flasher.. 1 .... ___ J590b, October 1965. and side-marker lamps shall be illumi­ Vehicular hazard 1 _ J910, January 1966. nated when the headlamps are illumi­ warning signal operating unit. nated. Vehicular hazard 1 . J945, February 1966. 53.4.4 Except as provided in S3.4.4.1 warning signal through S3.4.4.4, stoplamps shall be ac­ flasher. tuated upon application of any service T able n —E quipment Location or emergency brakes. 53.4.4.1 Stoplamps need not be ac­ Column 1 Column 2 Column 3 Column 4 tuated upon application of the parking Location on— Height above road brake. If the emergency brake system is surface measured used also as a parking brake, the stop- from center of item lamps need not be actuated when the Item Pasgenger cars, multipurpose Motorcycles on unloaded vehicle passenger vehicles, trucks, vehicle is parked. trailers, and buses 53.4.4.2 Stoplamps on a towing ve­ hicle need not be actuated upon applica­ Headlamps______Type 1 headlamps at the same On front centerline, except that, Not less than 24 tion of brakes to the towed vehicle only. height, 1 on each side of the . if two lamps are used, they inches, nor more vertical centerline; Type 2 may be symmetrically dis­ than 54 inches. 53.4.4.3 Stoplamps on a towed ve­ headlamps at the same height, posed about the front center- j hicle need not be actuated in the event 1 on each side of the vertical line. centerline, as far apart as it is separated from the towing vehicle. practicable. 53.4.4.4 Stoplamps that are combined Taillamps . . . _____ On the rear, 1 on each side of On rear centerline, except that, Not less than 15 optically with turn-signal lamps need the vertical centerline, at the if two lamps are used, they inches, nor more not be operable when the combination is same level, and as far apart may be symmetrically dis­ than 72 inches. as practicable. posed about the rear center- in use as a turn signal or as a vehicular line. hazard warning signal. Stoplamps______On the rear, 1 on each side of On rear centerline, except that, Not less than 15 53.4.5 The vehicular hazard warning the vertical centerline, at the if two lamps are used, they inches, nor more signal operating unit shall operate inde­ same level, and as far apart as may be symmetrically dis­ than 72 inches. practicable. posed about the rear center- pendently of the ignition switch, and line. when energized, cause all turn signal lamps to flash simultaneously. License plate lamp... At rear license plate.______At rear license plate______53.4.6 On passenger cars and, after On front, 1 on each side of the Not less than 15 inches vertical centerline, at the nor more than 72 January 1, 1969, on all vehicles required same level, and as far apart inches. to carry backup lamps by this standard, as practicable. the backup lamp shall be illuminated Reflex reflectors.-'---- 2 red—mi rear, 1 on each side of 1 red on rear centerline, except Not less than 15 inches when the ignition switch is energized the vertical centerline, as far that, if two reflectors are used nor more than 60 and reverse gear is engaged. \ apart as practicable and at on the rear, they may be inches. the same level. symmetrically disposed about 53.4.7 A means for indicating to the the centerline. 2 red—1 on each side as far aft 2 red—I on each side, as far aft driver that the turn-signal system is as practicable. as practicable. 2 amber—1 mi each side as far 2 amber—1 on each side as far energized shall be provided in accord­ forward as practicable. forward as practicable. ance with SAE Standard J588d, “Turn On rear, so that it is visible to Signal Lamps,” June 1966. pedestrians that are 6 feet or less in height from each posi­ S3.5 Lighting display. When ener­ tion in the area to the rear of gized, each lamp specified in Table I the vehicle, and from each position on either side of that shall be steady-burning except turn- rear area, that is 5 feet or less signal lamps, which shall flash. from the vehicle.

FEDERAL REGISTER, VOL. 32, NO. 23—FRIDAY, FEBRUARY 3, 1967 PROPOSED RULE MAKING 2421

T able I I — E q u ipm en t L ocation— Continued

Column 1 Column 2 Column 3 Column 4

Location on— Height above road surface measured from center of item Item cars, multipurpose Motorcycles on unloaded vehiclemPassenger passenger vehicles, trucks, trailers, andj>uses

Turn-signal lamps__ At or near the front: 1 amber Not less than 15 on each side of the vertical inches. centerline, at the same level, and as far apart as practicable. On rear: 1 red to amber on each side of the vertical centerline, at the same level, and as far apart as practicable. Side marker lamps.— On each side: 1 red lamp as far Not less than 15 to the rear as practicable and inches. 1 amber lamp as far forward as practicable.

Effective dates. It is anticipated that these amendments to § 255.21 will become effective January 1,1968. [F.R. Doc. 67-1355; Filed, Feb. 2, 1967; 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 23— FRIDAY, FEBRUARY 3, 1967