FEDERAL REGISTER VOLUME 33 • NUMBER 43 Saturday, March 2, 1968 • Washington, D.C. Pages 4087-4130

Agencies in this issue— The President Agency for International Development Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Packers and Stockyards Administration Securities and Exchange Commission Detailed list o f Contents appears inside. 2-year Compilation Presidential Documents Code of Federal Regulations TITLE 3, 1964-1965 COMPILATION

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

Price: $3.75

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

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COMMERCE DEPARTMENT Proposed Rule Making THE PRESIDENT FM channels; availability to un­ See Business and Defense Services listed communities; extension of PROCLAMATION Administration. time for filing comments------4110 National Safe Boating Week, 1968- 4091 Television broadcast stations; COMMODITY CREDIT table of assignments in Georgia; CORPORATION memorandum opinion and termination of proceedings------4110 EXECUTIVE AGENCIES Notices Notices Livestock feed program in Arizona AGENCY FOR INTERNATIONAL and Utah; designation of emer­ Mexican change list______4120 gency areas______4112 Naval Observatory and National DEVELOPMENT Bureau of Standards; rebroad­ Needy Indian livestockmen in cast of time schedules------4121 Notices Colorado and New Mexico; dec­ Director, Hoüsing and Urban De­ laration of acute distress areas Hearings, etc.: velopment Division, Office of for donating feed______4112 American Telephone and Tele­ Capital Development, Latin graph Co. and Western Union American Bureau: Telegraph Co______4121 Delegation of authority— ------4111 CONSUMER AND MARKETING Clinton TV Cable Co., Inc------4124 Redelegation of authority------4111 SERVICE Housing guaranties; prescription FEDERAL MARITIME of rate______- 4111 Rules and Regulations COMMISSION Grapefruit juice; standards for AGRICULTURE DEPARTMENT grades ; change in effective date. 4104 Notices Handling limitations: Agreements filed for approval: See Commodity Credit Corpora­ American President lines and tion; Consumer and Marketing Grapefruit grown in Interior District in Florida______4105 China Navigation Co., Ltd.— 4119 Service; Packers and Stock- American President Lines and yards Administration. Lemons grown in California and Lykes Bros. Steamship Co., A rizon a______4105 Inc ______4119 ATOMIC ENERGY COMMISSION Irish potatoes; import regulations- 4106 Finnlines and Hamburg-Amer­ ika Linie______4119 Proposed Rule Making Proposed Rule Making Finnlines and Norddeutscher Exemptions and continued reg­ Olives in California; hearing----- 4107 Lloyd ______4119 ulatory authority in agreement Notices States; . transfer of products FEDERAL TRADE COMMISSION containing byproduct material Carcasses; identification; change in lists of establishments_____ 4113 Rules and Regulations and source material exempted Floersheim, Sidney N., et al.; pro­ from licensing and regulatory hibited trade practices------4097 requirements______4109 FEDERAL AVIATION Notices ADMINISTRATION FISH AND WILDLIFE SERVICE Omaha Public Power District, Rules and Regulations Rules and Regulations Port Calhoun Station, Unit 1; Control zone; alteration______4094 Kodiak National Wildlife Refuge, hearing on application for pro­ Alaska; hunting------4104 visional construction permit___4116 Control zone and transition area; Salt Plains National Wildlife alteration (2 documents)______4093 Refuge, Oklahoma: BUSINESS AND DEFENSE Restricted area/military climb Public access, use and recrea­ corridor; revocation (3 docu­ tion ______4104 SERVICES ADMINISTRATION ments) ______4095, 4096 Sport fishing______4104 Notices Transition area : Alteration (3 documents) — 4093,4094 FOOD AND DRUG Applications and decisions on Designation______4094 ADMINISTRATION applications for duty-free Transition areas; designation entry of scientific articles: and alteration (2 documents) _ 4095 Rules and Regulations University of Hawaii et al_____ 4115 Chloramphenicol ophthalmic solu­ State University of New York_4114 VFR operations; elimination under tion; certification______4101 State University of New York less than basic VFR weather Fish, whole, protein concentrate; et al______4114 minimums______4096 food additive______4098 Proposed Rule Making Penicillin; alternative method for CIVIL AERONAUTICS BOARD Airplanes, certain; operation In assaying certain bulk forms—__ 4099 Rubber articles intended for re­ Notices controlled airspace; extension of comment period_•______4108 peated use; food additives------4098 Hearings, etc.: Soda water; standard to permit Lineas Aereas de Nicaragua, use of qujllaia as optional foam­ S.A. (LANICA)______4118 FEDERAL COMMUNICATIONS ing agent______4098 N orth Central Airlines, Inc___ .- 4118 COMMISSION Notices United Air Lines, Inc______4118 Rules and Regulations Filing of petitions: VIASA enforcement case_____ 4119 Elanco Products Co------4116 Public safety radio services and Monsanto Co______4116 CIVIL SERVICE COMMISSION land transportation radio serv­ Stauffer Chemical Co______4116 ices; miscellaneous amend­ Notices Thompson-Hayward Chemical ments ______— 4103 Co — ______- ______- 4116 Director, Resources Planning Staff, Radio broadcast services; FM Union Carbide Corp______4116 Bureau of the Budget; man­ broadcast stations; W arner power shortage______4125 Robins and Hawkinsville, Ga— 4102 ('Continued on next page) 4089 4090 CONTENTS

HEALTH, EDUCATION, AND INTERSTATE COMMERCE PACKERS AND STOCKYARDS WELFARE DEPARTMENT COMMISSION ADMINISTRATION See Pood and Drug Administra­ Notices Notices tion. Fourth section application for Market agencies at Kansas City relief______4129 Stockyards; petition to vacate INTERIOR DEPARTMENT Motor carrier temporary authority order and dismiss proceeding. _ 4113 See also Pish and Wildlife Service; applications ______4128 Land Management Bureau. SECURITIES AND EXCHANGE LAND MANAGEMENT BUREAU Notices COMMISSION Ordinances legalizing introduc­ Notices tion, sale or possession of California; proposed.modification Notices intoxicants: of national forest boundary; Hearings, etc.: Barona Indian Reservation, Cal- correction ______4113 . Genesco World Apparel, Ltd_4125 ifom ia______4114 Montana; proposed classification Insurance & Securities Inc____ 4126 Viejas (Baron Long) Indian of public lands______.____ 4113 Teledyne, Inc., et al______4128 Reservation, California_____ 4114 Uranium King Corp______4128

INTERNAL REVENUE SERVICE STATE DEPARTMENT Notices See Agency for International De­ Delegations of authority: velopment. Agreements relating to liability for personal holding company ta x______4111 TRANSPORTATION DEPARTMENT Agreements treated as determi­ See Federal Aviation Administra­ nations ------4112 tion. Alcohol and tobacco tax claims; settlement______4111 TREASURY DEPARTMENT Issuance of statutory notices of deficiency______4112 See Internal Revenue Service.

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

3 CFR 14 CFR 47 CFR P roclamation: 71(9 documents)______4093-4095 73______4102 73 (3 documents)______4095, 4096 89______4103 3832______4091 91______4096 93______4103 7 CFR 93______4096 121______4096 52______4104 Proposed R ules: 910____ 4105 P roposed R ules: 73 (2 documents)______4110 913______4105 91______■__ _ 4108 980______4105 50 CFR P roposed R ules: 16 CFR 28______4104 932______4107 13______4097 99 __ 4104 32------4104 10 CFR 21 CFR P roposed R ules: 31____ 4098 150______4109 121 (2 documents)______— 4098 141____ 4099 141a______4099 141d______4101 145______4099 146d______— 4101 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3832 NATIONAL SAFE BOATING WEEK, 1968 By the President of the United States of America A Proclamation Each year more and more Americans go boating in their leisure hours. I f we are to prevent the needless loss of life and property, this increasing traffic on our waterways must be accompanied by greater awareness of safe boating practices. The principal agent of boating accidents last year was a careless operator. The most common errors were overloading or improper loading of small boats— mistakes easily avoided by the boatowner who understands his boat, its machinery, and its operation. An aggressive and comprehensive program of safety education— supported, where necessary, by law enforcement— can reduce the rate of boating accidents, and make boating what it should be: a purely pleasant recreation. Recognizing the need for emphasis on boating safety, the Congress of the United States, by a joint resolution approved June 4, 1958 (72 Stat. 179), has requested the President to proclaim annually the week which includes July 4 as National Safe Boating Week:* NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate the week beginning June 80, 1968, as National Safe Boating Week. I also invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States to provide for the observance of this week. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February, in the year of our Lord nineteen hundred and sixty-eight, and of the Independence of the United States of America the one hundred and ninety-second.

[F.R. Doc. 68-2686; Filed, Feb. 29, 1968 ; 3:00 p.m.]

FEDERAL REGISTER, V O L 33, NO. 43— SATURDAY, MARCH 2, 1968

4093 Rules and Regulations

County Airport by the addition of the Action is being taken herein to change Title 14— AERONAUTICS AND proposed instrument approach procedure this transition area description to include to serve the Beaumont Municipal Airport. the 235° radial rather than the 236°. SPACE In consideration of the foregoing, The airspace affected by this alteration Part 71 of the Federal Aviation Regula­ Chapter I— Federal Aviation Adminis­ is minor and the amount of controlled tions is amended, effective April 25, 1968, airspace will not be increased. tration, Department of Transporta­ as herein set forth. Alteration of the Batesville, Ark., tran­ tion (1) In § 71.171 (33 F.R. 2063) the sition area is necessary to provide that [Airspace Docket No. 67-SW-91] Beaumont, Tex., control zone is amended airspace protection for aircraft transi­ by substituting “ * * * 7 miles southwest tioning from the Walnut Ridge VORTAC PART 71-—DESIGNATION OF FEDERAL of the VOR * * *** for “ * * * -8 miles to the Batesville RBN which was in­ AIRWAYS, CONTROLLED AIRSPACE, southwest of the VOR * * tended by the original designation. In AND REPORTING POINTS (2) In § 71.181 (33 F.R. 2148) the the interest of sáfety, this amendment Beaumont, Tex., transition area is should be issued without delay, therefore Alteration of Control Zone and amended as follows : notice and public procedure thereon are Transition Area B eaum ont, T ex. impracticable. The purpose of this amendment to Part That airspace extending upward from 700 In consideration of the foregoing, Part 71 of the Federal Aviation Regulations feet above the surface within 2 miles each 71 of the Federal Aviation Regulations is is to alter the Beaumont, Tex., control side of the Beaumont ILS localizer northwest amended, effective 0001 e.s.t., February zone and transition area. course extending from the OM to 8 miles 29, 1968, as herein set forth. On January 5, 1968, a notice of pro­ northwest of the OM, within 2 miles each side In § 71.181 (33 F.R. 2147) the Bates­ posed rule making was published in the of the Beaumont ILS localizer southeast ville, Ark., transition area 1,200-foot por­ course extending from the arc of a 5-mile Federal R egister (33 F.R. 149) stating tion is amended by deleting “ * * * radius circle centered at Jefferson County 2300 * * *» anij substituting “ * * * the Federal Aviation Administration Airport (lat. 29°57'05" N„ long. 94°01'10" proposed to alter controlled airspace in W.) to 17 miles southeast of the approach 235° * * *” therefor. the Beaumont, Tex., terminal area. end of Runway 29, within a 5-mile radius of (Sec. 307(a), Federal Aviation Act of 1958; Interested persons were afforded an Beaumont Municipal Airport (lat. 30°04'15" 49 U.S.C. 1348) opportunity to participate in the rule N., long. 94°13'00" W.), and within 2 miles making through submission of com­ each side of the 308° bearing from the Beau­ Issued in Fort Worth, Tex., on Feb­ ments. Due consideration was given to mont ILS LOM extending from the 5-mile ruary 21,1968. all relevant matter presented. radius area to the LOM; and that airspace A. L. Coulter, extending upward from 1,200 feet above the Acting Director, Southwest Region. X Comments received from th£ Air surface within a 25-mile radius of lat. Transport Association of America (ATA) 29°54'40" N., long. 94°02'40" W. [F.R. Doc. 68-2599; Filed, Max. 1, 1968; 8:46 am.] indicated agreement with designation of (Sec. 307(a), Federal Aviation Act of 1958; controlled airspace to protect any 49 U.S.C. 1348) instrument approach procedures that [Airspace Docket No. 67-AL-29] may be approved for the Beaumont Issued in Fort Worth, Tex., on Feb­ M unicipal Airport; however, it was stated ruary 21, 1968. PART 71— designation o f f e d e r a l that ATA is not in agreement with the A. L. Coulter, AIRWAYS, CONTROLLED AIRSPACE, specific ADF approach procedure pro­ Acting Director, Southwest Region. AND REPORTING POINTS posed to serve that airport. ATA com­ [F.R. Doc. 68-2598; Filed, Mar. 1, 1968; mented that the proposed ADF procedure 8:46 am.] Alteration of Control Zone and would directly conflict with all IFR pro­ Transition Area cedures serving the Jefferson County Air­ port. ATA further contended that during [Airspace Docket No. 68-SW-16] On December 29, 1967, a notice of pro­ use of this procedure, it would be neces­ posed rule making was published in the PART 71— DESIGNATION OF FEDERAL sary to stop all IFR operations at Jeffer­ F ederal R egister (32 F.R. 20986) stating son County Airport and cause air and AIRWAYS, CONTROLLED AIRSPACE, that the Federal Aviation Administra­ ground delays to air service. AND REPORTING POINTS tion was considering amendments to A review of the proposed amendment, Part 71 of the Federal Aviation Regula­ Alteration of Transition Area m the light of the ATA comments, dis­ tions which would change the effective closed that instrument approach pro­ The purpose of this amendment to Part time of the control zone and alter the cedures serving the Jefferson County 71 of the Federal Aviation Regulations transition area at Homer, Alaska. Airport, in existence for a number of is to alter the Batesville, Ark., transition Interested persons were given 30 days years, have been used for approaches to area. to submit written comments or objec­ the Beaumont Municipal Airport as well The present description of the 1,200- tions regarding the proposed amend­ as accommodating IFR operations at the foot transition area extension from the ments. No comments or objections were Jefferson County Airport without ap­ Walnut Ridge, Ark., transition area to received. parent adverse effect on air carrier the Batesville RBN was based on a public In consideration of the foregoing, Part operations. The impact of approaches use NDB (ADF) instrument approach 71 of the Federal Aviation Regulations usmg a procedure serving the Beaumont procedure proposed at Batesville Munic­ is amended, effective 0001 e.s.t., April 25, M unicipal Airport can be expected to be ipal Airport, Batesville, Ark. After desig­ 1968, as hereinafter set forth: n°. greater than approaches made on nation of the transition area, the transi­ 1. In § 71.171 (33 F.R. 2058) the existing procedures for landing at the tion radial from Walnut Ridge VORTAC Homer, Alaska, control zone is amended Beaumont Municipal Airport. In fact, use to the Batesville RBN was found to be by adding; of the proposed procedure would appear the Walnut Ridge VORTAC 235° (230° to have less impact on air carrier depar­ magnetic) rather than the 236° (230° This control zone Is effective from 0600 Mondays through 2145 Saturdays and from tures than an approach to the Jefferson magnetic) as was initially computed. 0600 through 2145 Sundays, local time, or County Airport. Finally, the agency can­ Reference to the 236° radial is included during the specific dates and times estab­ not foresee any adverse effect on IFR in the present description of the Bates­ lished in advance by Notice to Airman. The air currier operations at the Jefferson ville, Ark., transition area. effective date and time will thereafter be

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4094 RULES AND REGULATIONS continuously published, in the Alaska Air­ line 5 miles west of and parallel to the Bar­ [Airspace Docket No. 68—SW-15] man’s Guide and Chart Supplement. tlesville VORTAC 184° radial excluding the portion within the Tulsa, Okla., transition PART 71 — DESIGNATION OF FEDERAL 2. In § 71.181 (33 F.R. 2137) thearea. AIRWAYS, CONTROLLED AIRSPACE, Homer, Alaska, transition area is amend­ (Sec. 307(a), Federal Aviation Act of 1958; AND REPORTING POINTS ed by adding: 49 U.S.C. 1348) * * * and within a 54-mile radius of the Alteration of Transition Area Issued in Fort Worth, Tex., on Feb­ Homer VOR extending counterclockwise from The purpose of this amendment to the south boundary of V-436E, west of ruary 15,1968. Part 71 of the Federal Aviation Regula­ Homer, to the west boundary of V-438W, A. L. Coulter, southwest of Homer. tions is to alter the Decatur, Ark., tran­ Acting Director, Southwest Region. sition area. (Sec. 307(a), Federal Aviation Act of 1958; [FH. Doc. 68-2601; Filed, Mar. 1, 1968; The present description of the transi­ 49 U.S.C. 1348) 8:46 a.m.] tion area extension was based on a pub­ Issued in Anchorage, Alaska, Febru­ lic use VOR/DME instrument approach ary 19,1968. procedure proposed at Crystal Lake Air-' [Airspace Docket No. 68-SO-6 ] port, Decatur, Ark. After designation of John R. K ullman, the transition area, the final approach Brigadier General, U.S. Air PART 71 — DESIGNATION OF FEDERAL radial was found to be the Fayetteville Force, Acting Director, Alas­ AIRWAYS, CONTROLLED AIRSPACE, VORTAC 291° (284° magnetic) rather kan Region. AND REPORTING POINTS than the 292° (285° magnetic) as was [F.R. Doc. 68-2600; Filed, Mar. 1, 1968; initially computed. Reference to the 292° 8:46a.m.] Alteration of Control Zone radial is included in the present descrip­ The purpose of this amendment to Part tion of the Decatur, Ark., transition area. [ Airspace Docket No. 67—SW—71 ] 71 of the Federal Aviation Regulations is The approach procedure effective date is to alter the Huntsville, Ala., control zone. February 29,1968. PART 71— DESIGNATION OF FEDERAL The Huntsville control zone is de­ Action is being taken herein to change AIRWAYS, CONTROLLED AIRSPACE, scribed in § 71.171 (33 F.R. 2058 and this transition area description to include AND REPORTING POINTS 2627). . the 291° radial rather than the 292°. The A new VOR standard instrument ap­ airspace affected by this alteration is Alteration of Transition Area proach procedure to the Huntsville- minor and the amount of controlled air­ Madison County Airport is proposed to space will not be increased. The purpose of this amendment to Alteration of the Decatur, Ark., transi­ Part 71 of the Federal Aviation Regula­ become effective April 4, 1968. There­ fore, it is necessary to alter the control tion area is necessary to provide that air­ tions is to alter the Bartlesville, Okla., space protection for aircraft executing transition area. zone to encompass the airspace within 2 miles each side of the Huntsville VOR the VOR/DME instrument approach On January 3, 1968, a notice of pro­ 217° radial, extending from the 5-mile procedure which was intended by the posed rule making was published in the radius zone to 5 miles southwest of the original designation. In the interest of F ederal R egister (33 F.R. 23) stating VOR to provide the required controlled safety, this amendment should be issued the Federal Aviation Administration pro­ airspace protection for this approach without delay, therefore notice and pub­ posed to alter the Bartlesville, Okla., procedure. Less than 1 square mile of lic procedure thereon are impracticable. transition area. uncontrolled airspace is added to the con­ In consideration of the foregoing, Part Interested persons were afforded an trol zone by this alteration. 71 of the Federal Aviation Regulations opportunity to - participate in the rule Since this amendment is minor in is amended, effective 0001 e.s.t., February making through submission of comments. nature, notice and public procedure here­ 29,1968, as herein set forth. All comments received were favorable. on are unnecessary. However, since it is In § 71.181 (33 F.R. 2170) the Decatur, The proposal contained the phrase necessary that sufficient time be allowed Ark., transition area 700-foot portion is “excluding the portion within the Inde­ to permit processing and publication of amended by deleting “ * * * 292° * * *” pendence, Kans., transition area.” This the procedure, this amendment will be­ and substituting “ * * * 291° * * *” phrase has been deleted from the final come effective more than 30 days after therefor. rule since a subsequent amendment to publication. (Sec. 307(a), Federal Aviation Act of 1958; the Independence transition area has In consideration of the foregoing, Part 49 U.S.C. 1348) negated the requirement for the 71 of the Federal Aviation Regulations Issued in Fort Worth, Tex., on Feb­ exclusion. is amended, effective 0001 e.s.t., In consideration of the foregoing, ruary 21,1968. March 28, 1968, as hereinafter set forth. A. L. Coulter, Part 71 of the Federal Aviation Regula­ In § 71.171 (33 F.R. 2058), the Hunts­ Acting Director, Southwest Region. tions is amended, effective 0601 e.s.t., ville, Ala., control zone (33 F.R. 2627) April 25, 1968, as herein set forth. is amended as follows: “ * * * within 2 [F.R. Doc. 68-2603; Filed, Mar. 1, 1968; In § 71.181 (33 Fit. 2147), the following miles each side of the Huntsville ILS ■ 8:46 ajn.] transition area is amended to read; localizer north course, extending from B artlesville, O k l a . the 5-mile radius zone to 2.5 miles south [Airspace Docket No. 67-SW-82] of the Capshaw RBN * * *” is deleted That airspace extending upward from 700 and “ * * * within 2 miles each side of PART 71— DESIGNATION OF FEDERAL feet above the surface within an 8-mile radius AIRWAYS, CONTROLLED AIRSPACE, of Phillips Airport (lat. 36°45'45" N., long. the Huntsville ILS localizer north course, 96°00'30'' W.), and within 2 miles each side extending from the 5-mile radius zone to AND REPORTING POINTS otf the Bartlesville VORTAC 355° radial ex­ 2.5 miles south of the Capshaw RBN; tending from the 8-mile radius area to 8 within 2 miles each side of the Huntsville Designation of Transition Area miles north of the VORTAC; and that air­ VOR 217° radial, extending from the 5- The purpose of this amendment to Part space extending upward from 1,200 feet above mile radius zone to 5 miles southwest of 71 of the Federal Aviation Regulations is the surface within 5 miles east and 8 miles the VOR * * *” is substituted therefor. west of the Bartlesville VORTAC 355° radial to designate a transition area at Sugar extending from the VORTAC to 13 miles (Sec. 307(a), Federal Aviation Act of 1958; Land, Tex. north, that airspace bounded on the north 49UB.C. 1348(a)) On January 5, 1968, a notice of pro­ by V-516 on the south and southwest by Issued in East Point, Ga., on Feb­ posed rule making was published jh j“ ® V-190 and on the east by V-131, within 5 F ederal R egister (33 F.R. 150) stating miles each side of the Bartlesville VORTAC ruary 20,1968. that the Federal Aviation Administra­ 184° radial extending from the VORTAC to G ordon A. W illiams, Jr., tion proposed to designate the Suga 18 miles south excluding the portion within Acting Director, Southern Region. the Tulsa, Okla., transition area, and that air­ Land, Tex., transition area. space bounded on the north by V-190 on Hie [FJt. Doc. 68-2602; Filed, Mar. 1, 1968; Interested persons were afforded ai southwest by V-74N and on the east by a 8:46 a.m.} opportunity to participate in the rui

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 RULES AND REGULATIONS 4095 making through submission of com­ lat. 32°44'00” N., long. 92°20W ' W., to lat. Issued in East Point, Ga., on February ments. All comments received were fav­ 33°20'30” N„ long. 92°51'30” W„ to lat. 20,1968. 33022'50” N„ long. 93°02'30" W., to lat. orable. 34°17'00” N., long. 93°26'00” W., to lat. G ordon A. W illiams, Jr., In consideration of the foregoing, Part 33°51'0O'' N., long. 91°48'00” W., to lat. Acting Director, Southern Region. 71 of the Federal Aviation Regulations 33°33'43” N„ long. 91°42'56” W., to point of is amended, effective 0001 e.s.t., April 25, beginning. [F.R. Doc. 68-2606; Filed, Mar. 1, 1968; 1968, as herein set forth. 8:47 a.m.] In § 71.181 (33 F.R. 2137) the Sugar 2. In § 71.181 (33 F.R. 2175) the 1,200- Land, Tex., transition area is designated foot portion of the El Dorado, Ark., tran­ [Airspace Docket No. 68-CE-8] as follow s: ? sition area is revoked. Sugar L and, T ex. (Sec. 307(a), Federal Aviation Act of 1958; PART 73— SPECIAL USE AIRSPACE That airspace extending upward from 700 49 U.S.C. 1348) feet above the surface within a 5-mile radius Issued in Fort Worth, Tex., on Feb­ Revocation of Restricted Area/ of Hull Field (lat. 29°37'37" N., long. 95°39'- ruary 15,1968. Military Climb Corridor 30” W.) and within 2 miles each side of the Coulter, 348° bearing from the Sugar Land RBN (lat. A. L. The purpose of this amendment to 29°37'53'' N., long. 95°39'25” W.) extending Acting Director, Southwest Region. Part 73 is to revoke the Grand Forks, from the 5-mile radius area to 8 miles north [F.R. Doc. 68-2605; Filed, Mar. 1, 1968; N. Dak. (Grand Forks AFB) Restricted of the RBN, excluding the portion within the 8:46 a.m.] Area/Military Climb Corridor R-5402. Alief, Tex., transition area. The U.S. Air Force has stated that the (Sec. 307 (H), the Federal Aviation Act of [Airspace Docket No. 67-SO-123] requirement for this restricted area/ 1958; 49 U.S.C. 1348) military climb corridor no longer exists. Issued in Fort Worth, Tex., on PART 71— DESIGNATION OF FEDERAL Since this restricted area/military February 15, 1968. AIRWAYS, CONTROLLED AIRSPACE, climb corridor was designated solely for A. L. Coulter, AND REPORTING POINTS use of the military, revocation thereof Acting Director, Southwest Region. will reduce the burden on the public. Designation and Alteration of Therefore, notice and public procedure [F.R. Doc. 68-2604; Filed, Mar. 1, 1968; Transition Area s 8:46 a.m.] hereon are unnecessary and the amend­ On January 12, 1968, a notice of ment may be made effective in less than proposed rule making was published thirty days. In consideration of the [Airspace Docket No. 67-SW-66] in the F ederal R egister (33 F.R. 471), foregoing, Part 73 of the Federal Avia­ stating that the Federal Aviation Admin­ tion Regulations is amended, effective PART 71— DESIGNATION OF FEDERAL immediately, as hereinafter set forth. * AIRWAYS, CONTROLLED AIRSPACE, istration was considering amendments to Part 71 of the Federal Aviation Regula­ In § 73.54 (33 F.R. 2335) Rr-5402 Grand AND REPORTING POINTS tions that would designate the Union Forks, N. Dak. (Grand Forks AFB) Re­ Designation and Alteration of City, Tenn., transition area and alter stricted Area/Military Climb Corridor is Transition Area the Dyersburg, Tenn., transition area. revoked. Interested persons were afforded an (Sec. 307(a), Federal Aviation Act of 1958; The purpose of this amendment to Part opportunity to participate in the rule 49 U.S.C. 1348) 71 of the Federal Aviation Regulations is making through the submission of com­ to designate the Crossett, Ark., transition Issued in Washington, D.C., on Feb­ ments. All comments received were ruary 23, 1968. area and revoke the 1,200-foot portion of favorable. the El Dorado, Ark., transition area (the Joseph J. R egan, Subsequent to the publication of the C rossett.area encompasses the revoked Acting Director, Air Traffic Service. area). notice, Coast and Geodetic Survey re­ defined the final approach radial from [F.R. Doc. 68-2607; Filed, Mar. 1, 1968; On January 3, I960, a notice of pro­ 8:47 a.m.] 036° to 037°. Because of this redefine- posed rule making was published in the ment, it is necessary to alter the descrip­ Federal R egister (33 F.R. 24) stating tion accordingly. Since this alteration the Federal Aviation Administration pro­ [Airspace Docket No. 68-CE-9] is minor in nature, it is incorporated posed to designate the Crossett, Ark., in this rule. transition area and revoke the 1,200-foot PART 73— SPECIAL USE AIRSPACE portion of the El Dorado, Ark., transition In consideration of the foregoing, Part area. 71 of the Federal Aviation Regulations Revocation of Restricted Area/ Interested persons were afforded an is amended, effective 0001 e.s.t., April Military Climb Corridor opportunity to participate in the rule 25, 1968, as hereinafter set forth. making through submission of com­ In § 71.181 (33 F.R. 2137), the follow­ The purpose of this amendment to ments. All comments received were ing transition area is added: Part 73 is to revoke the Marquette, Mich. favorable. (K. I. Sawyer AFB) R estricted Un io n Cit y , T e n n . Area/Military Climb Corridor R-4208. In consideration of the foregoing, Part That airspace extending upward from 700 of the Federal Aviation Regulations feet above the surface within a 5-mile radius The U.S. Air Force has stated that the is amended, effective 0001 e.s.t:, April 25, of Everett-Stewart Airport (lat. 36°22'44'' requirement for this restricted area/mili- 1968, as herein set forth. N„ long. 88°59'07” W .); within 2 miles each tary climb corridor no longer exists. 1. In § 71.181 (33 F.R. 2137) the fol­ side of the Dyersburg VORTAC 037° radial, Since this restricted area/military lowing transition area is added: extending from the 5-mile radius area to climb corridor was designated solely for 25 miles northeast of the VORTAC. Crossett, Ar k . use of the military, revocation thereof will reduce the burden on the public. ' That airspace extending upward from 700 In § 71.181 (33 F.R. 2137), the Dyers­ feet above the surface within an 8-mile radius burg, Tenn., transition area is amended Therefore, notice and public procedure of Crossett Municipal Airport (lat. 33o10'30'' by adding the following to the present hereon are unnecessary and the amend­ N., long 9i°52'45" W.); and within 2 miles description: ment may be made effective in less than each side of the 056° bearing from the Cros­ thirty days. In consideration of the fore­ sett RBN (lat. 33°10'30” N., long. 91°52'45" * * * and that area northeast of Dyersburg VORTAC within 5 miles each side of the 16- going, Part 73 of the Federal Aviation ’ extending from the 8-mile radius area to mile radius arc of the Dyersburg VORTAC, Regulations is amended, effective im­ 14 miles northeast of the RBN; and that air­ mediately, as hereinafter set forth. space extending upward from 1,200 feet above extending from the southeast boundary of he surface within the area bounded by a line V-11E to the north boundary of V- In § 73.42 (33 F.R. 2322) R-4208 Mar­ beginning at lat. 33°30'00” N„ long. 90°54'00” 140 * * *. quette, Mich. (K. I. Sawyer AFB) Re­ w . to lat. 32°35'00” N., long. 91°28'00" W., (Sec. 307(a), Federal Aviation Act of 1958; stricted Area/Military Climb Corridor is lat. 32°49'00” N., long. 91o50'00” W., to 49 U.S.C. 1348(a)) revoked.

No. 43-----2 FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4096 RULES AND REGULATIONS

(Sec. 307(a), Federal Aviation Act of 1958; afforded an opportunity to participate in operating in the vicinity of airports 49 U.S.C. 1348) the rule making through submission of serving large population centers, it has Issued in Washington, D.C., on Feb­ written comments. Due consideration has become necessary to impose restrictions ruary 23, 1968. been given to all relevant matter pre­ and establish priorities with respect to Joseph J. B egan, sented. the airspace and the services associated Acting Director, Air Traffic Service. A vast number of comments were re­ with it. Based on the requirement for ceived in response to the notice rep­ the safe and efficient use of the air­ [F.R. Doc. 68-2608; Piled, Mar. 1, 1968; space, the agency has decided to take 8:47 a.m.] resenting a very broad spectrum of air­ space users, including the aviation in­ regulatory action which eliminates dustry associations, the Military Depart­ special VFR operations at specified con­ {Airspace Docket No. 68—CE—10] ments, local pilot groups, numerous State trol zones based on IFR activity. Special VFR operations will be per­ PART 73— SPECIAL USE AIRSPACE Aviation Departments, fixed base opera­ tors, the California State Legislature, mitted at all other control zones. How­ Revocation of Restricted Area/ the Attorney General for the State of ever, procedures will be established to Military Climb Corridor South Dakota, pipeline and powerline give IFR traffic priority over special patrol operators. The comments were al­ VFR at those locations at which there are The purpose of this amendment to Part most uniformly in opposition to the pro­ a traffic control tower and airport sur­ 73 is to revoke the Sault Sainte Marie, posal as stated in the notice. A substan­ veillance radar; while at other locations Mich. (Kincheloe AFB) Restricted Area/ tial number of comments recognized that special VFR flights will be permitted only Military Climb Corridor R-4205. local conditions such as high traffic when IFR operations are not being con­ The U.S. Air Force has stated that the density and inadequate radar coverage ducted. Special consideration will be requirement for this restricted area/mili- could produce an environment in which given to military operations where tary climb corridor no longer exists. the operation under VFR in conditions of appropriate. Since this restricted area/military low visibility may become hazardous. Several petitions were filed requesting climb corridor was designated solely for However, the complete elimination of a public hearing. It was determined that use of the military, revocation thereof special VFR was uniformly considered • these petitions should be denied because will reduce the burden on the public. to be a drastic and unjustifiable action. the comments generally objected to the Therefore, notice and public procedure Discussion of individual and associa­ proposal on substantially similar grounds. hereon are unnecessary and the amend­ Due to the magnitude of the number ment may be made effective in less than tion comments would be impracticable because of the large number received. of comments and the uniformity of ob­ thirty days. In consideration of the fore­ jections stated, the FAA is aware of the going, Part 73 of the Federal Aviation However, comments typically empha­ sized that many users rely on obtaining basic factors and the consensus of user Regulations is amended, effective im­ opinion, so that it is improbable that any mediately, as hereinafter set forth. a special VFR clearance to operate in control zones which are adjacent to un­ additional information would be obtained In § 73.42 (33 F.R. 2322) R-4205 Sault from a public hearing. In fact, this rule Sainte Marie, Mich. (Kincheloe AFB) controlled airspace. They maintained that this type of operation is a conven­ in the main now conforms to the recom­ Restricted Area/Military Climb Corridor mendations proposed by those requesting is revoked. ient and efficient way to fly during periods of reduced visibility, and is com­ a public hearing; accordingly it would (Sec. 307(a),.Federal Aviation. Act of 1958; patible with simultaneous IFR opera­ serve no useful purpose to convene a 49 U.S.C. 1348) tions in most circumstances. Addition­ public hearing on this matter. ally, comments from many business re­ In consideration of the foregoing, ef­ Issued in Washington, D.C., on Feb­ fective April 30, 1968, Parts 91, 93, and ruary 23,1968. lated aviation activities stated that they 121 of the Federal Aviation Regulations J oseph J. R egan, are dependent on this type of operation, are amended as hereinafter set forth. Acting Director, Air Traffic Service. and they would suffer a severe economic penalty if special VFR were eliminated. 1. Section 91.107(a) is amended to [F.R. Doc. 68-2609; Filed, Mar. 1, 1968; read as follows: 8:47 a.m.] The majority of thè comments also rec­ ognized that special VFR operations § 91.107 Special VFR weather mini­ should be prohibited or limited at cer­ mums. {Docket No. 8463; Arndt. 91-52, 93-10; tain high density traffic locations. As a 121-39J (a) Except as provided in § 93.113 result of further study, taking into con­ of this chapter, when a person has re- PART 91— g e n e r a l o p e r a t in g sideration such factors as availability cieved an appropriate ATC clearance, AND FLIGHT RULES of radar, proximity of other airports, the special weather minimums of this frequency of instrument weather condi­ section instead of those contained in PART 93— SP EC IA L A IR TRAFFIC tions, the FAA has determined that spe­ § 91.105 apply to the operation of an air­ RULES AND AIRPORT TRAFFIC cial VFR operations will be eliminated craft by that person in a control zone at certain locations and ATC procedures under VFR. PATTERNS modified to ensure safe and efficient use ***** PART 121— CERTIFICATION AND OP­ of the airspace where special VFR is 2. Section 93.1 is amended to read as ERATIONS: AIR CARRIERS AND permitted. Based upon changing condi- follows; COMMERCIAL OPERATORS OF ■ tions involving safety considerations ad­ ditional airports may be designated in LARGE AIRCRAFT § 93.1 Applicability. the future. * * * * * Elimination of VFR Operations Under The agency’s objective is to develop (b) Unless otherwise authorized by Less Than Basic VFR Weather a system of airspace utilization and air ATC (with the exception of § 93.113), Minimums traffic control and navigation which per­ each person operating an aircraft shall mits the movement of people and goods do so in accordance with the special air The purpose of these amendments to in air commerce at optimum levels of traffic rules in this part in addition to Parts 91, 93, and 121 of the Federal Avia­ safety and efficiency, and serve the na­ tion Regulations is to eliminate the “VFR other applicable rules in Part 91 of this tional security needs of the country. chapter. operation of fixed-wing aircraft in cer­ This requires that some portions of the tain control zones, under less than basic airspace be subjected to higher orders of ***** VFR weather minimums. regulation to provide the optimum degree (d) Subpart I of this part P rescribes These amendments are based on a of safety for the majority of the public, the locations at which the special VFri notice of proposed rule making issued aircrews, passengers, and persons and weather minimums do not apply to fixed- as Notice 67-45 and published in the property on the ground that may be af­ wing aircraft. . - F ederal R egister on October 17, 1967 fected by aircraft operation. Because of 3. The following new subpart is adaea (32 F.R. 14334). Interested persons were the ever increasing number of aircraft after Subpart H of Part 93:

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 RULES AND REGULATIONS 4097

SubparH— Locations at Which Special 32. Tampa, Fla. (Tampa International The order to cease and desist, including Airport). VFR Weather Minimums Do Not further order requiring report of com­ 33. Washington, D.C. (Washington National pliance therewith is as follows: Apply Airport). It is ordered, That the respondent Sec. 4. The following new paragraph (c) Sydney N. Floersheim, an individual 93.111 Applicability. is added after § 121.649(b): trading and doing business as Floersheim 93.113 Control zones within which special Sales Co., National Research Co., or VFR minimums are not authorized. § 121.649 Takeoff and landing weather under any other name or names, and Authority: The provisions of this Sub­ minimums: VFR: Domestic air car­ respondent’s representatives, agents, and part I issued under secs. 307, 313(a), 601, riers. employees, directly or through any cor­ 604, Federal Aviation Act of 1958; 49 U.S.C. * * $ * * 1348,1354, 1421,1424. porate or other device, in connection with (c) The weather minimums in this the business of obtaining information § 93.111 Applicability. section do not apply to the VFR opera­ concerning delinquent debtors or assist­ This subpart specifies the control zones tion of fixed-wing aircraft in any control ing in the collection of delinquent ac­ in which special VFR weather minimums zone listed in § 93.113 of this chapter. The counts or the offering for sale, sale, or prescribed in § 91.107 of this chapter do basic VFR weather minimums in § 91.105 distribution of forms, or other material, not apply, except for in-flight emer­ of this chapter apply at those locations. for use in obtaining information con­ cerning delinquent debtors, or for use gencies. (Secs. 307, 313(a), 601, 604, Federal Aviation Act of 1958; 49 U.S.OJ.348, 1354, 1421, 1424) in the collection of, or attempting to § 93.113 Control zones within which collect, delinquent accounts in commerce, special VFR weather minimums are as “commerce” is defined in the Federal not authorized. Issued in Washington, D.C., on Feb­ ruary 26,1968. Trade Commission Act, do forthwith No person may operate a fixed-wing D. D. T homas, cease and desist from: aircraft under the special VFR weather Acting Administrator. 1. Using the words “ Claimants Infor­ minimums prescribed in § 91.107 of this mation Questionnaire” , “Current Em­ chapter within the following control [F.R. Doc. 68-2610; Filed, Mar. 1, 1968; ployment Records” , “Change of Ad­ zones: " ■-* * 8:47 a.m.] dress”, “Questionnaire”, “Payment De­ 1. Atlanta, Ga. (Atlanta Airport). mand”, or any other words of similar 2. Baltimore, Md. (Friendship Interna­ import or meaning, to refer, to respond­ tional Airport). ent’s business or that of any of the 3. Boston, Mass. (Logan International Air­ Title 16— COMMERCIAL purchasers or users of the forms sold port) . ; by the respondent. 4. Buffalo, N.Y. (Greater Buffalo Inter­ PRACTICES 2. Using or placing in the hands of national Airport). others for use, any form, questionnaire, 5. Chicago, 111. (O’Hare International Air­ Chapter I— Federal Trade or other material: port). Commission 6. Cleveland, Ohio (Cleveland-Hopkins In­ a. Which appears to be, or simulates, ternational Airport). [Docket 8721 q.] an official or governmental form or 7. Columbus, Ohio (Columbus Municipal document or which falsely represents, Airport). PART 13— PROHIBITED TRADE directly or by implication, that a party 8. Covington, Ky. (Greater Cincinnati PRACTICES other than the creditor is attempting Airport). to collect the debt; 9. Dallas, Tex. (Love Field). Sydney N. Floersheim et al. 10. Denver, Colo. (Stapleton Municipal b. Which does not reveal in a promi­ Airport). Subpart—Claiming or using indorse­ nent place, in clear language and in type 11. Detroit, Mich. (Metropolitan Wayne ments or testimonials falsely or mis­ at least as large as the largest type, County Airport). leadingly: § 13.330 Claim ing or using exclusive of captions, used on said form: 12. Honolulu, Hawaii (Honolulu Interna­ indorsements or testimonials falsely or (1) That the sole purpose is to ob­ tional Airport), misleadingly: 13.330-90 United States tain information concerning an allegedly 13. Houston, Tex. (William P. Hobby Air- Port). G overn m en t: 13.330-90(h) Federal delinquent debtor or that the sole pur­ pose is to collect or attempt to collect 14. Indianapolis, Ind. (Wier-Cook Munic­ Trade Commission. Subpart—Furnishing ipal Airport) | means and instrumentalities of misrep­ an allegedly delinquent account; 15. Kansas City, Mo. (Kansas City Munic­ resentation or deception: § 13.1055 Fur­ (2) That the U.S. Government is in ipal Airport). nishing means and instrumentalities of no way connected with the request for 16. Los Angeles, Calif. (Los Angeles Inter­ misrepresentation or deception. Sub­ information or demand for payment; national Airport). part—M isrepresen tin g oneself and c. Which does not reveal in a promi­ 17. Louisville, Ky. (Standiford Field). goods—Business s t a t u s , advantages nent place and in clear language the 18. Memphis, Tenn. (Memphis Metropoli­ or connections: § 13.1425 Government identity of the creditor to whom the debt tan Airport). is allegedly owed; 19. Miami, Fla. (Miami International connection. Subpart—Securing informa­ Airport). tion by subterfuge: § 13.2168 Securing d. W h ic h misrepresents or inac­ 20. Minneapolis, Minn. (Minneapolis-St. information by subterfuge. curately states the rights of a creditor ^aul International Airport). (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets under State law to attach the real or 21. Newark, N.J. (Newark Airport). or applies sec. 5, 38 Stat. 719, as amended; 15 personal property, income, wages, or any 22. New York, N.Y. (John F. Kennedy U.S.C. 45) [Cease and desist order, Sydney N. other property of the debtor; international Airport). Floersheim trading as Floersheim Sales Co. e. Which contains a statement of a 23. New York, N.Y. (LaGuardia Airport). etc., Los Angeles, Calif., Docket 8721, Feb. 5, creditor’s right to attach after judg­ . Orleans, La. (New Orleans Inter­ 1968] national Airport-Moisant Field). ment the real or personal property, o. Oakland, Calif. (Metropolitan Oakland In the Matter of Sydney N. Floersheim, wages,, income, or other property of a international Airport). an Individual "trading and Doing Busi­ debtor without disclosing that no judg­ Philadelphia, Pa. (Philadelphia Inter­ ness as Floersheim Sales Co. and ment may be entered against the debtor national Airport). National Research Co. unless he has first had an opportunity to Airporf)ittSbUrgh’ Pa‘ (Greater Pittsburgh appear and defend himself in a court Order requiring a Los Angeles, Calif., of law: Provided, however, That it shall Aiiport)1"^ 11^’ Gr6®’ (P°rtland International distributor of skip tracer and debt collec­ be a defense hereunder for respondent tion forms, to cease selling false, mis­ to establish that forms containing a in+o' San Francisco, Calif. (San Francisco international Airport). leading, and. deceptive skip tracer and statement prohibited by this paragraph I),.,’ Seattle, Wash. (Seattle-Tacoma Inter­ debt collection forms, and to cease mis­ (e) are sent only by or on behalf of a national Airport). — representing that any of the forms have creditor who has obtained a final judg­ Mim'f ,St‘ Mo. (Lambert-St. Louis been approved by the Commission or the ment against the debtor to whom the Municipal Airport). Courts. form is sent.

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4098 RULES AND REGULATIONS

3. Using or placing in the hands of making on the above-identified matter PART 121— FOOD ADDITIVES others for use, any envelope: published in the F ederal R egister of a. Which appears to be, or simulates, December 2, 1967 (32 F.R. 16533), and Subpart D— Food Additives Permitted an official or governmental envelope; based on a petition filed by the National in Food for Human Consumption b. Which purports to come from a Soft Drink Association, 1128 16th Street party other than the creditor; NW., Washington, D.C. 20036. Subpart G— Radiation and Radiation c. Which contains a Washington, D.C., On the basis of the information sup­ Sources Intended for Usé in the Pro­ return address without revealing in a plied by the petitioner, and other rele­ duction, Processing, and Handling prominent place, in clear language, and vant information, it is concluded that it of Food in type at least as large as the largest will promote honesty and fair dealing in W hole F ish P rotein Concentrate type used on said envelope, the identity the interest of consumers to adopt the of the creditor and the fact that the en­ amendment as proposed. Therefore, pur­ An order was published in the Federal closed forms do not come from the U.S. suant to the provisions of the Federal R egister of February 2, 1967 (32 F.R. Government; Food, Drug, and Cosmetic Act (secs. 401, 1173), amending the food additive regu­ d. Which contains the statement “The 701, 52 Stat. 1046, 1055, as amended 70 lations by adding two new sections to form enclosed is confidential, no one else Stat. 919, 72 Stat. 948; 21 U.S.C. 341,371) provide for the safe use of whole fish pro­ may open” or any statement of similar and under the authority delegated by the tein concentrate as a source of protein purport. Secretary of Health, Education, and in food (21 CFR 121.1202) and to author­ 4. Representing, directly, or by im­ Welfare to the Commissioner of Food ize microwave heat treatment of whole plication, that any of-respondent’s Pay­ and Drugs (21 CFR 2.120) : It is ordered, fish protein concentrate (21 CFR 121.- ment Demand forms or any similar col­ That § 31.1(b) (7) be revised to read as 3008). lection material sold by the respondent follows: The order provided for the filing of have been approved by the Federal Trade objections and requests for a hearing Commission or have been deemed to be § 31.1 Soda water; identity; label state­ within 30 days following its date of pub­ in compliance with the requirements of ment o f optional ingredients. lication, and numerous objections and the order to cease and desist entered by * * * * * requests for a hearing were received in the Federal Trade Commission in Docket (b) * * * response thereto. Among these, an ob­ No. 6236, Matter of Mitchell S. Mohr, et jection was filed by the American Dry al. ( 7 ) One or more of the foaming agents Milk Institute which was subsequently 5. Misrepresenting F ederal Trade ammoniated glycyrrhizin, gum ghatti, withdrawn by the Institute. licorice or glycyrrhiza, yucca (Joshua- Commission or court approval of any of The Commissioner of Food and Drugs respondent’s envelopes, forms, or other tree), yucca (Mohave), quiliaia (soap- has evaluated the remaining objections material. bark) (Quillaja saponaria Mol.). and requests for a hearing and concludes It is further ordered, That the re­ * * * * * that these objections and requests for a spondent herein shall, within sixty (60) Any person who will be adversely af­ hearing are not supported by grounds days after service upon him of this order, legally sufficient to justify the relief file with the Commission a report in writ­ fected by the foregoing order may at any time within 30 days from the date of its sought; therefore, such objections and ing setting forth in detail the manner requests for a hearing in this matter are publication in the F ederal R egister file and form in which he has complied with hereby denied. this order. with the Hearing Clerk, Department of By the Commission.1 Health, Education, and Welfare, Room This action is taken under the author­ 5440, 330 Independence Avenue SW., ity vested in the Secretary of Health, Issued: February 5,1968: Washington, D.C. 20201, written objec­ Education, and Welfare by the Federal [ seal ] Joseph W. S hea, tions thereto. Objections shall show Food, Drug, and Cosmetic Act (sec. 409 Secretary. wherein the person filing will be adversely (c) (1), (4), (f), 72 Stat. 1786, 1787; 21 affected by the order and specify with U.S.C. 348(c) (1), (4), (f) ) and delegated [F.R. Doc. 68-2583; Filed, Mar. 1, 1968; by him to the Commissioner (21 CFR 8:45 am .] particularity the provisions of the order deemed objectionable and the grounds 2 .120 ). for the objections. If a hearing is re­ (Sec. 409(c) (1), (4). (f), 72 Stat. 1786, 1787; quested, the objections must state the 21 U.S.C. 348(C) (1), (4), (f ) ) Title 21— FOOD AND DRUGS issues for the hearing, and such objec­ tions must be supported by grounds Dated: February 21,1968. Chapter 1—Food and Drug Adminis­ legally sufficient to justify the relief James L. G oddard, tration, Department of Health, Ed­ sought. Objections may be accompanied Commissioner of Food and Drugs. by a memorandum or brief in support ucation, and Welfare [FJR. D oc. 68-2645; Filed, Mar. 1, 196# thereof. All documents shall be filed in 8:50 am.] SUBCHAPTER B— FOOD AND FOOD PRODUCTS six copies. Effective date. This order shall become PART 31— NONALCOHOLIC PART 121— FOOD ADDITIVES BEVERAGES effective 60 days from the date of its pub­ lication in the Federal R egister, except Subpart F— Food Additives Resulting Soda Water; Order Amending Stand­ as to any provisions that may be stayed From Contact With Containers or by the filing of proper objections. Notice ard To Permit Use of Quiliaia as Equipment and Food Additives Optional Foaming Agent of the filing of objections or lack thereof will be announced by publication in the Otherwise Affecting Food In the matter of amending the defini­ F ederal R egister. R ubber Articles Intended tion and standard of identity for soda water (21 CFR 31.1) to provide for the (Secs. 401, 701, 52 Stat. 1046,1055, as amended F or R epeated Use use of quiliaia (Quillaja saponaria Mol.) 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) The Commissioner of Food and Drugs­ as an optional foaming agent: Dated: February 21,1968. having evaluated the data in a petition No comments were received in re­ (FAP 7B2183) filed by Hazleton Labora­ sponse to the notice of proposed rule J. K. K irk, tories, Inc., Post Office Box 30, Falls Associate Commissioner Church, Va. 22046, and other relevant for Compliance. 1 Commissioner Nicholson not participat­ material, has concluded that the foou ing for the reason that oral argument was [F.R. Doc. 68-2643; Filed, Mar. 1, 1968; additive regulations should be amended heard prior to his taking the oath of office. 8:49 am.] to provide for the use of an additional

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 RULES AND REGULATIONS 4099 optional substance (identified below) in SUBCHAPTER C— DRUGS Cl) o f this paragraph and the buffer de­ the formulation of rubber articles in­ scribed in subparagraph (2) of this para­ tended for repeated food-contact use. p a r t 141— t e s t s a n d m e t h o d s o f graph. Check the pH and if necessary Therefore, pursuant to the provisions of ASSAY OF ANTIBIOTIC AND ANTI­ adjust to pH 7.Q±0.1 by adding an addi­ the Federal Food, Drug, and Cosmetic BIOTIC-CONTAINING DRUGS tional amount of one of the components. Act (sec. 409(c)(1), 72 Stat. 1786; 21 To 1 volume of this neutralized solu­ U.S.C. 348(c)(1)) and under the au­ PART 141a— PENICILLIN AND PEN­ tion add 8 volumes of distilled water and thority delegated to the Commissioner ICILLIN-CONTAINING DRUGS; 2 volumes of 95 percent ethanoL This by the Secretary of Health, Education, TESTS AND METHODS OF ASSAY solution should be used for 1 day only. and Welfare (21 CFR 2.120), § 121.2562 (4) Ferric ammonium sulfate. Dissolve (c)(4) (iii) is amended by alphabetically PART 145— A N T IB IO T IC D RU G S; 272 grams of ferric ammonium sulfate inserting in the list a new item, as DEFINITIONS AND INTERPRETA­ in a mixture of 26 milliliters of concen­ follow s: TIVE REGULATIONS trated sulfuric acid and sufficient distilled A lternative M ethod for A ssaying Cer­ water to make 1 liter. This reagent may § 121.2562 Rubber articles intended for be used for 1 week when stored in a tain B ulk F orms of Penicillin repeated use. brown bottle at room temperature. * * * * * No comments were received in response (b) Working standard solution. Dis­ to the notice published in the F ederal solve an accurately weighed portion of (c) * * * R egister of October 13, 1967 (32 F.R. the working standard in sufficient 1.0 (4) . * * * 14239), proposing that the antibiotic percent potassium phosphate buffer, pH (iii) Antioxidents and antiozonants drug regulations be amended to provide 6.0, to make a solution containing 2.5 (total not to exceed 5 percent by weight an alternative expeditious method (hy- milligrams of the working standard per of rubber product). droxylamine colorimetric assay) for as­ milliliter. * • * * * saying certain bulk forms of penicillin. (c) Sample solution. Dissolve an ac­ The Commissioner of Food and Drugs curately weighed portion of the sample in Tri (nonylphenyl) phosphite-formaldehyde concludes that the proposed amend­ sufficient 1.0 percent potassium phos­ resins produced when 1 mole of tri(nonyl- ments, with certain minor changes and phate buffer, pH 6.0, to make a solution phenyl) phosphite is made to react with additions, should be adopted as set forth 1.4 moles of formaldehyde such that the containing 2.5 milligrams of the sample finished resins have a viscosity of 20,000 to below. per milliliter.. SO,000 centipoises at 25° C., as determined Accordingly, under the authority (d) Procedure. Using a volume of from by Brookfield Viscosimeter using a No. 4 vested in the Secretary of Health, Educa­ 1 to 2 milliliters of standard or sample spindle at 12 r.p.m., and have an organic tion, and Welfare by the Federal Food, solution, add an equal volume of water phosphorus content of 4.05 to 4.15 percent Drug, and Cosmetic Act (sec. 507, 59 Stat. and mix. Add the following reagents in by weight. 463, as amended; 21 U.S.C. 357) and the specified volumetric proportions with * * * # * delegated by him to the Commissioner respect to the sample or standard solu­ (21 CFR 2.120), Parts 141, 141a, and 145 tions: Add 1.25 volumes of neutral hy­ Any person who will be adversely are amended : droxylamine reagent and allow to react affected by the foregoing order may at 1. By adding to Part 141 a new section,for 5 minutes. Add 1.25 volumes of ferric any time within 30 days from the date as follows: " ammonium sulfate reagent, mix, and of its publication in the Federal R egister after 3 minutes determine the absorbance file with the Hearing Clerk, Department § 141.507 Hydroxylamine colorimetric assay. of the resulting solution at the wave­ of Health, Education, and Welfare, length of 480 millimicrons, using a suit­ Room 5440, 330 Independence Avenue (a) Reagents—(1) Hydroxylamine hy­able spectrophotometer and a reagent SW., Washington, D.C. 20201, written drochloride solution. Dissolve 350 grams blank prepared by treating a volume of objections thereto, preferably in quin­ of hydroxylamine hydrochloride in suffi­ water in the same manner as the stand­ tuplicate. Objections shall show wherein cient distilled water to make 1 liter. ard or sample solution. The time elapsed the person filing will be adversely (2) Buffer. Dissolve 173 grams of after the addition of the ferric ammoni­ affected by the order and specify with sodium hydroxide and 20.6 grams of um sulfate reagent and the reading of particularity the provisions of the order sodium acetate in sufficient distilled the absorbance must be precisely the deemed objectionable and the grounds water to make 1 liter. same (within 10 seconds) for each solu­ for the objections. If a hearing is re­ (3) Neutral hydroxylamine. Mix 1 vol­ tion. Calculate the potency of the sample ume each of hydroxylamine hydrochlo­ quested, the objections must state the in units or micrograms per milligram as ride solution described in subparagraph follows: issues for the hearing. A hearing will be granted if the objections are supported (A») (Potency (In units or micrograms per milliliter of standard Units or micrograms per milligram of sample=- solution)) by grounds legally sufficient to justify (At) (Milligrams of sample per milliliter of sample solution) the relief sought. Objections may be At—Absorbance of sample solution. 3. By revising §141a.26(a) to read as accompanied by a memorandum or brief ,A,=Absorbance of standard solution. follows: hi support thereof. 2. By replacing the first sentence of§ 141a. 26 Procaine penicillin. Effective date. This order shall become paragraph (h) of § 141a.l Sodium peni­ cillin, calcium penicillin, potassium peni­ (a) Potency. Assay for potency by any effective on the date of its publication in cillin; potency with two sentences read­ of the following methods; however, the the Federal R egister. ing “ Using the penicillin G working results obtained from the bioassay meth­ iS.e'' 409(c) (!), 72 Stat. 1786; 21 TJ.S.C. standard as the standard of comparison, od shall be conclusive: 348(cUi>) assay by any of the following methods; (1) Bioassay. Using the penicillin G however, the results obtained from the working standard as the standard of Dated: February 21, 1968. bioassay method shall be conclusive. The comparison, proceed as directed in potency of the sample may also be deter­ § 141a.L J. K . K irk, mined by the iodometric method as de­ C2> Iodometric assay. Using the peni­ Associate Commissioner scribed in § 141a.5(d) or by the hydroxyl­ cillin G working standard as the stand­ for Compliance. amine colorimetric assay as described ard of comparison, proceed as directed IF.R. Doc. 68-2644; Filed, Mar. 1 , 1968; in §141.507 of this chapter, or by the in § 141aJi(d)(1), except prepare the standard curve technique, using a single 8:4 9 a.m .] sample as follows: Dissolve a weighed dose of standard and unknown.” sample (approximately 50 milligrams) in

FEDERAL REGISTER, V O L 33, NO. 43— SATURDAY, MARCH 2» 1948 4100 RULES AND REGULATIONS

2.0 milliliters of pure methanol. Further anol. Further dilute this solution with (1) and by adding a new subparagraph dilute this solution with sufficient 1.0 per­ sufficient 1.0 percent potassium phos­ (3), as follows: cent potassium phosphate" buffer, pH phate buffer, pH 6.0, to give a concen­ § 141a.Ill Ampicillin trihydrate. 6.0, to give a concentration of 2.0 milli­ tration of 1.0 unit per milliliter grams per milliliter. (estimated). (a) Potency. Using the ampicillin (3) Hydroxylamine colorimetric assay. (2) Iodometric assay. Proceed as working standard as the standard of Using the procaine penicillin G working directed in § 141a.5(d), except prepare comparison, assay for potency by any of standard as the standard of comparison, the sample as follows : Dissolve a weighed the following methods; however, the re­ proceed as directed in § 141.507 of this. quantity of the sample (approximately sults obtained from the bioassay method chapter, except prepare the procaine 30 milligrams) in 2.0 milliliters of pure shall be conclusive: penicillin G working standard and sam­ methanol. Further dilute this solution * * * * * ple solutions by dissolving an accurately with sufficient 1.0 percent potassium (2) Iodometric assay. Proceed as de­ weighed portion of each in a sufficient phosphate buffer, pH 6.0, to give a con­ scribed in § 141a.5(d), except use an amount of a 1+19 mixture of pure centration of 2,000 units per milliliter aqueous solution containing 1.0 milli­ methanol and 1.0 percent potassium (estimated). gram of the sample per milliliter. phosphate buffer, pH 6.0, to make solu­ (3) Hydroxylamine colorimetric assay. (3) Hydroxylamine colorimetric assay. tions containing 2.0 milligrams of the Proceed as directed in § 141.507 of this Proceed as directed in § 141.507 of this working standard or sample per milli­ chapter. chapter, except prepare the ampicillin liter. * * * * * working standard and sample solutions ***** 5. By amending § 141a.l00 as follows: by dissolving an accurately weighed por­ 4. By revising § 141a.81 (a) to read as a. By revising the section heading and tion o f each in sufficient 1.0 percent follows: paragraph (a) to read as follows: potassium phosphate buffer,. pH 6.0, to make solutions containing 2.0 milligrams § 141a.81 Phenoxymethyl penicillin. § 141a.l00 Potassium phenethicillin. of the working standard or sample per (a) Potency. Using the phenoxymethyl (a) Total potency. Using the potas- milliliter. penicillin working standard as the sium-L-phenethicillin working standard ***** standard o f comparison, assay for as the standard of comparison, assay for 9. By amending § 141a.ll5 by revising potency by any of the following methods; potency by either of the following the first sentence of paragraph (a), by however, the results obtained from the methods: revising subparagraph (1) except for bioassay method shall be conclusive: (1) Iodometric assay. Proceed as di­subdivision (ii), by revising subpara­ (1) Bioassay. Proceed as directed inrected in § 141a.5(d) (1), except deter­ graph (2), and by adding new subpara­ § 141a.l, except prepare the sample as mine the factor F as the number of graph (3), as follows: follows: Dissolve a weighed quantity of milliliters of 0.0 IN I2 absorbed by 1.0 the sample (approximately 30 milli­ milligram of the potassium-L-phenethi- § 141a.ll5 Sodium nafcillin. grams) in 2.0 milliliters of pure meth- cillin working standard. (a) Potency. Using the nafcillin work­ ing standard as the standard of compari­ Difference in titersXpotency of potassium-L-phenethicillin ______working standard in units per milligram son, assay for potency by any of the fol­ Units of potassium phenethicillin per milligram=- Milligrams in 2.0 milliliters testedXF lowing methods; however, the results obtained from the bioassay method shall (2) Hydroxylamine colorimetric as­ (3) Hydroxylamine colorimetric as­be conclusive: say. Proceed as directed in § 141.507 of say. Proceed as directed in § 141.507 of (1) Bioassay. Proceed as directed in this chapter. this chapter. § 141a.1 except: ***** ***** (1) Prepare a stock solution contain­ b. By changing hi the formula in par­ 7. By amending § 141a.l04(a) by re­ ing 1,000 micrograms per milliliter. Pre­ agraph (b) (1) (vi) the sentence “Units vising the first sentence of the paragraph, pare the standard curve by further per milligram found in iodometric assay by revising subparagraph (1) except for diluting this stock solution with pH 6.0 of sample” to read “Units per milligram subdivision (ii), by revising subpara­ potassium phosphate buffer to final found in chemical assay of sample.” graph (2), and by adding new subpara­ concentrations of 1.28, 1.60, 2.00, 2.50, 6. By amending § 141a.103 (a) by re­graph (3), as follows: and 3.12 micrograms per milliliter. The 2.00 micrograms per milliliter con­ vising the first sentence of the paragraph, § 141a.104 Sodium oxacillin. by revising subparagraph (1) except for centration is the reference concentration. subdivision (ii), by revising subpara­ (a) Potency. Using the sodium oxacil­ * * * * * graph (2), and by adding new subpara­ lin working standard as the standard of (2) Iodometric assay. Proceed as de­ graph (3 ), as follows: comparison, assay for potency by any of scribed in § 141a.5(d), except use a solu­ the following methods; however, the re­ § 141a.l03 Sodium methicillin. tion containing 1.25 milligrams of the sults obtained from the bioassay method sample per milliliter. (a) Potency. Using the sodium methi­shall be conclusive: (3) Hydroxylamine colorimetric as­ cillin working standard as the standard (1) Bioassay. Proceed as directed insay. Proceed as directed in § 141.507 of of comparison, assay for potency by any § 141a.l except: this chapter. of the following methods; however, the (1) Prepare a stock solution contain­ ***** results obtained from the bioassay ing 1,000 micrograms per milliliter. Pre­ method shall be conclusive: pare the standard curve by further 10. By revising § 141a.ll8(a), except diluting this stock solution, using 1.0 for subparagraph (1), and by adding new (1) Bioassay. Proceed as directed in subparagraph (3) as follows: § 141a.l except: percent potassium phosphate buffer, pH (1) Prepare a stock solution contain­ 6.0, to final concentrations of 3.2, 4.0, 5.0, § 141a.118 Sodium cloxacillin monohy­ ing 1,000 micrograms per milliliter. 6.25, and 7.8 micrograms per milliliter. drate. Prepare the standard curve by further The 5.0 micrograms per milliliter is the (a) Potency. Using the cloxacillin diluting this stock solution, using 1.0 reference concentration. working standard as the standard o percent potassium phosphate buffer, pH ***** comparison, assay for potency by any o 6.0, to final concentrations of 6.4, 8.0, (2) Iodometric assay. Proceed as di­ the following methods; however, the re­ 10.0, 12.5, and 15.6 micrograms per rected in § 141a.5(d), except use a solu­ sults obtained from the bioassay metnoa milliliter. The 10.0 micrograms per tion containing 1.0 milligram of the shall be conclusive: milliliter concentration is the reference sample per milliliter. * * * * concentration. (3) Hydroxylamine colorimetric as­ (2) Iodometric assay. Proceed as de­ ***** say. Proceed as directed in § 141.507 of scribed in § 141a.5(d), except use , (2) Iodometric assay. Proceed as di­ this chapter. aqueous solution containing 1.0 nu rected in § 141a.5(d), except use a ***** gram of the sample per milliliter. solution containing 1.0 milligram of the 8. By amending § 141a.Hl by revising (3) Hydroxylamine colorimetric ass y- sample per milliliter. paragraph (a) except for subparagraph Proceed as directed in § 141.507 of t

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 RULES AND REGULATIONS 4101 chapter, except prepare the doxacilHn Since this order providing an alterna­ Act (sec. 507, 59 Stat. 463, as amended; working standard and sample solutions tive, expeditious method for assaying 21 U.S.C. 357) and delegated by him to by dissolving an accurately weighed por­ certain bulk forms of penicillin is non- the Commissioner of Food and Drugs tion of each in sufficient 1.0 percent restrictive and noncontroversial in na­ (21 CFR 2.120), the antibiotic drug regu­ potassium phosphate buffer, pH 6.0, to ture, I find that a delayed effective date lations are amended as follows to provide make solutions containing 2.0 milligrams is unnecessary. for the certification of chloramphenicol of the working standard or sample per ophthalmic solution: milliliter. Effective date. This order shall be ef­ fective upon publication in the F ederal 1. Part 141d is amended by adding ***** R egister. thereto the following new section: it. By amending § 141a.l23 by revis­ (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. § 141d.3I8 Chloramphenicol ophthal­ ing the first sentence of paragraph (a) 357) mic solution. and adding a new subparagraph (3) to paragraph (a), as follows: Dated: February 26,1968. (a) Potency. Use either of the follow­ ing methods; however, the results ob­ § 141a. 123 Sodium ampicillin. J. K . K irk, Associate Commissioner tained from the method described in sub- (a) Potency. Using the ampicillin for Compliance. paragraph (1) of this paragraph shall be working standard as the standard of conclusive: comparison, assay for potency by any of [F.R. Doc. 68-2641; Filed, Mar. 1, 1968; Cl) Microbiological assay. Proceed as the following methods; however, the re­ 8:49 a.m.} directed in § 141cL3Ql(a) (1) through sults obtained from the bioassay method ------\J (&), except prepare the sample for assay shall be conclusive: PART 141 d— CHLORAMPHENICOL as follows: Dilute an accurately meas­ * * * * * ured representative portion in sufficient AND CHLORAMPHENICOL-CON­ 1 percent potassium phosphate buffer, (3> Hydroxylamine colorimetric as­ TAINING DRUGS; TESTS AND say. Proceed as directed in § 141.507 of pH 6, to give a stock solution of con­ this chapter, except prepare the ampicil­ METHODS OF ASSAY venient concentration. Further dilute an lin working standard and sample solu­ aliquot of this solution with 1 percent PART 1 46 d— CERTIFICATION OF potassium phosphate buffer, pH 6, to the tions by dissolving an accurately weighed CHLORAMPHENICOL AND CHLOR­ portion of each in sufficient 1.0 percent proper prescribed reference concentra­ potassium phosphate buffer, pH 6.0, to AMPHENICOL -CONTAINING tion. make solutions containing 2.0 milligrams DRUGS (2) Spectrophotometric assay. Dis­ solve a 1 milliliter aliquot of the sample of the working standard or sample per Chloramphenicol O phthalmic milliliter. in sufficient water to make a solution S olution containing 29 micrograms of chloram­ . * * * * * Under the authority vested in the Sec­ phenicol per milliliter and proceed as di­ 12. By revising § 141a. 124 (a), except retary of Health, Education, and Welfare rected in § I41d.301(a) (9). Calculate the for subparagraph (1) (ii), and by adding by the Federal Food, Drug, and Cosmetic potency of the sample as follows: a new subparagraph (3), as follows: Milligrams cxf chloramphenicol p e r _ (4i) (labeled potency per milliliter in milligrams) § 141a.124 Sodium nafcillin monohy­ milliliter ’ (AJ drate. (a) Potency. Using the nafcillin work­ where: (b) Packaging. Each immediate con­ ing standard as the standard of com­ A1=Absorbance of sample solution ob­ tainer shall be a tight container as de­ parison, assay for potency by any of the tained as described in $ 141d.301 fined. by the U.S.P. and shall be of such following methods; however, the results (a )(9). composition as will not cause any change obtained from the biaassay method shall Aa= Absorbance of standard solution ob­ in the strength, quality, or purity of the be conclusive: tained as described in § 141d.301 contents beyond any limit therefor in (I) Bioassay. Proceed as directed in (a )(9 ). applicable standards, except that minor § 141a. 1 except: Its chloramphenicol content is satisfac­ changes so caused which are normal and (i> Prepare a stock solution containing tory if it contains not less than 90 per­ unavoidable in good packaging, stor­ jMKK) micrograms per milliliter. Prepare cent nor more than 130 percent of the age, and distribution practice shall be me standard curve by further diluting number of milligrams of chlorampheni­ disregarded. this stock solution with pH 6.9 potassium col that it is represented to contain. (c) Labeling. It shall be labeled in Phosphate buffer to final concentrations (b> Sterility. Proceed as directed in accordance' with: the requirements of of 1.28, 1.60, 2.09, 2.59, and 3.12 micro- 1 148.3 of this chapter. Its expiration §-141.2 of this chapter, using the method date is 12 months. 8rams per milliliter; The 2.90 micro­ described in paragraph (e) (1) of that grams per milliliter concentration is the section. id) Requests for certification; sam­ reference concentration. (c> pH. Proceed as directed in § 141a.5 ples. In addition to the requirements of ***** 1 146.2 of this chapter, eaeh such request (b) of this chapter, using the undiluted shall contain: solution. (2) Iodometric assay. Proceed as di­ (14 Results of tests and assays on: rected in § 141a.5(d), except use a solu­ 2. Part 146d is amended by adding (i) The ehloramphenieol used in mak­ tion containing 1.25 milligrams of the thereto the following new section: sample per milliliter. ing the batch for poteney, toxicity, pH, § 146J.3I8 Chloramphenicol ophthal­ specific rotation, melting point, and (3) Hydroxylamine eolorimetrie as­ absorptivity. say. Proceed as directed in § 141.507 of mic solution. this chapter. (ii) The batch for potency, sterility, (a) Standards of identity, strength, and pH. ***** quality, and purity. Chloramphenicol C2) Samples required: 13. By adding to § 145.2(b) CD the fol- ophthalmic solution contains in each (i) The chloramphenicol used in mak­ iowmgnew subdivision: milliliter 5 milligrams of chlorampheni­ ing the batch: 10 containers, each con­ col with or without one or more suitable § 145.3 Definitions of master and work- taining not less than 300 milligrams, ing standards. and harmless preservatives and sur­ (ii) The batch: factants in an aqueous solution. It is (a) For an tests except sterility: A sterile. Its pH is not less than 3 nor (b) minimum of 5 immediate containers. more than 6. The chloramphenicol Cb) For sterility testing: 20 immediate ( 1 ) used conforms to the requirements of containers collected at regular intervals ^ Tile term “procaine penicillin G § 146d.301 (a) (I>, (3), (6>, C7>, (8>, and throughout each filling operation. of i!S stanciard” means a specific lot (9). Each other substance used, if its (Hi) In case of an initial request for _a homogeneous preparation of pro­ name is recognized in the U.S.P. or N.F;, caine penicillin G. certification, each other ingredient used conforms to the standards prescribed hi making the batch: One container of therefor by such official compendium. each containing not less than 5 grams.

FEDERAL REGISTER, VOL. S3, NO. 43— SATURDAY, MARCH 2, 19AS 4102 RULES AND REGULATIONS

(e) Fees. $4 for each container in theRadio Station WRBN(AM), Warner ment would be more meritorious for samples submitted in accordance with Robins, Ga. Hawkinsville than for Warner Robins if paragraph (d) (2) (i), (ii) (a ), and (iii) 2. Hawkinsville has a population of a choice must be made, that it would of this section; $12 for all immediate 3,967 persons and is the seat and largest comply with the stated priorities of FM containers in the sample submitted in ac­ community in Pulaski County, which has assignments, and that there is a need for cordance with paragraph (d) (2) (ii) (b) a population of 8,204. (All population the proposed station in Hawkinsville at of this section; and $24 for all immediate figures are from the 1960 U.S. Census, the earliest possible date. To support containers in the sample submitted for unless otherwise stated.) It is located this assertion of need Tri-County pre­ any repeat sterility test, if necessary, about 38 miles south-southeast of Ma­ sents various statistics concerning fa­ in accordance with § 141.2(f) of this con. It has a daytime-only radio station, cilities, industry, agriculture, and recrea­ chapter. licensed to Tri-County Broadcasting Co., tion in the community. With respect to This order provides for the certifica­ Inc. (Tri-County). Two applications the comparative hearing, Tri-County tion of a new dosage form of an anti­ have been filed for the sole FM channel asserts that adoption of the subject pro­ biotic drug already being marketed. in Hawkinsville, one by Tri-County and posal would result in the substitution of Data supplied by the manufacturer con­ the other by WRBN, the petitioner in one Class A channel for another in cerning the safety and efficacy of the this matter, requesting the assignment Hawkinsville and urges that it should be subject drug have been evaluated. Since for Warner Robins, under the so-called permitted to amend its application in the conditions prerequisite to providing “25 mile ‘ rule” contained in § 73.203. hearing status so that it can retain its for certification of the drug have been These applications have been designated hearing status protection and to avoid complied with and since it is in the pub­ for a comparative hearing in Dockets possible delay in the early institution of lic interest not to delay in providing for 17579 and 17580. service in Hawkinsville. Tri-County sub­ such certification, notice and public pro­ 3. Warner Robins has a population of mits that this procedure was previously cedure and delayed effective date are not 18,633 and its county has a population of followed by the Commission in a Dallas, prerequisites to this promulgation. 39,154. It is located about 15 miles south Tex., television case, Docket No. 16763, of Macon, within its Standard Metro­ Effective date. This order shall be ef­ FCC-66-1155, issued on December 16, politan Statistical Area but outside its 1966. Thus, the Tri-County support of fective upon publication in the F ederal Urbanized Area. It has two daytime-only R egister. the subject proposal is conditioned upon AM stations but no FM assignment. The a provision that it be permitted to amend (Sec. 507, 59 Stat. 463, as amended; 21 TT.S.C. WRBN proposal would provide each 357) its application to specify operation on community with its own FM channel as 280A instead of 269A and remain in hear­ Dated; February 21, 1968. well as eliminate the need for a com­ ing status in Docket No. 17580. parative hearing. No oppositions were 6. Upon careful consideration of all J. K. K irk, filed to the subject proposal, although the comments and data submitted in the Associate Commissioner the Tri-County support is a conditional for Compliance. proceeding, we conclude that each of the one., two communities merits the assignment [F.R. Doc. 68-2642; Filed, Mar. 1, 1968; 4. WRBN submits that the 1960 popu­ of a Class A FM channel since a first 8:49 a.m.] lation of Warner Robins represents a local nighttime outlet would be provided 133 percent increase over that of 1950 and since establishment of a first local and that this community is continuing FM service will be expedited in one, if its dramatic growth. Estimates of the re­ not both, of the communities. In the case Title 47— TELECOMMUNICATION cent population as taken from Rand of Warner Robins, we believe that the McNally and the Georgia Department of move of Channel 269A from Hawkins­ Chapter I— Federal Communications Public Health are stated to be 23,800 and ville will not preclude future needed Commission 26,000, excluding the 5,500 military per­ assignments elsewhere and the require­ [Docket No. 17924; FCC 68-204] sonnel of nearby Robins Air Force Base. ments of a fair and equitable distribution Statistics are presented as to the educa­ of assignments is met thereby. As re­ PART 73— RADIO BROADCAST tional, religious, industrial, and financial gards the request of Tri-County for per­ SERVICES growth of the community, to support the mission to amend its application in hear­ need for a local FM outlet. WRBN alleges FM Broadcast Stations; Warner Robins ing status, this amounts to a request for that no channel other than 269A can be a waiver of § 1.605(c) of the rules, which and Hawkinsville, Ga. assigned to Warner Robins in conform­ provides for the removal of an applica­ Report and order. In the matter of ance with the rules, while Channel 280A tion from hearing status if an application amendment of § 73.202 Table of Assign­ is available as a replacement for Channel for a broadcast facility is amended so ments, FM Broadcast Stations (Warner 269A in Hawkinsville. Since Warner as to eliminate the need for further hear­ Robins and Hawkinsville, Ga.), Docket Robins is close to a larger population ing. Since the change in Hawkinsville is No. 17924, RM—1210. center, the showing as to the areas pre­ merely the substitution of one Class A cluded by the proposal, required by our channel for another and since it would 1. The Commission has before it forMay 12, 1967, public notice regarding consideration its notice of proposed rule expedite the start of a new FM service additional FM assignments, is included and a first nighttime radio service to the making issued in this proceeding on De­ in the WRBN comment. This showing cember 15, 1967, FCC 67-1336, and pub­ community, we believe that a waiver of demonstrates that the move of Channel § 1.605(c) of the rules is warranted in lished in the Federal R egister on Decem­ 269A from Hawkinsville to Warner ber 20, 1967 (32 F.R. 19191) inviting this case and would serve the public Robins will not preclude any potential interest. Thus, we will retain the status comments on a proposal to assign a Class assignments on that or the six adjacent A FM channel to Warner Robins, Ga., quo with respect to this channel and per­ channels, in view of existing stations mit Tri-County to amend its application by making a change in the Hawkinsyille, and assignments in the general area. Ga., assignment as follows: and be retained in hearing status. How­ Thus, WRBN urges that Channel 269A ever, since the assignment of Channel be assigned to Warner Robins in order 269A to Warner Robins is a new assign­ Channel No. City to provide it with a first FM local sta­ ment, for which other parties did not tion, that this assignment would com­ have an opportunity to file, we are of the Present Proposed ply with the mandate of section 307(b) view that a grant of the WRBN applica­ of the Act, and that it would achieve a tion in hearing should not be made but HawkinsvUle, Ga______269A 280A fair and equitable distribution of radio Warner Robins, Ga______rather that this application should be 269A service. returned to the processing line. 5. Tri-County supports the assignment 7. In view of the foregoing, and pursu­ The notice was issued in response to a of a first FM channel to Hawkinsville ant to authority contained in sections petition for rule making filed on Oc­ and states that such an assignment 4 (i), 303, and 307(b) of the Communica­ tober 20, 1967, and amended on Novem­ would provide areas with a first and sec­ tions Act of 1934, as amended: It w ber 2, 1967, by WRBN, Inc., licensee of ond FM service, that such an assign­ ordered, That:

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 RULES AND REGULATIONS 410,1

(a) Effective April 5,1968, §■ 73.202, the 3. Accordingly, it is. ordered, Pursuant (15> Radiolocation installations will Table of FM Channel Assignments, of to authority contained in sections 4(i) be coordinated with the meteorological the Commission's rules, is amended to and 303 of the Communications Act of aids service, and, insofar as practicable, read, insofar as the communities named, 1934, as amended, that, effective April 1, will be adjusted to meet the needs of the as follows: 1968, Parts 89 and 93 of the Commission’s meteorological aids service. Channel rules are amended as set forth below. * * * * • City No. 4. It is further ordered, That this 2. In § 89.10.3, footnote 2 to the table Hawkinsville, Ga______280A proceeding is terminated. in paragraph (a) is amended to read: Warner Robins, Ga______269A (Secs. 4, 303, 48 Stat., as amended 1066, 1082; § 89.103 Frequency stability. (b) Tri-County Broadcasting Co., 47 U A O 154, 303) Inc., may amend its application, BPH- Adopted: February 21,1968. (a> *■ * * 5737, to specify Channel 280A in lieu of 3 Radiolocation equipment using pulse 269A and the amended application wHl Released: February 26,1968. modulation shall meet the following fre­ be retained in hearing status in Docket F ederal Communications quency tolerance: The frequency at which maximum emission occurs shall be within No. 17580. WRBN, Inc.’s application, o m m issio n C , the authorized frequency band and shall not BPH-5703 for Channel 269A, will be re­ [ seal! B en F. W aple, be closer than 1.5/T Mc/s to the upper and moved from hearing status in Docket No. Secretary: lower limits of the authorized frequency band 17579. L Part 89 is amended as follows: where T Is the pulse duration In micro­ 8. It is further ordered, That this pro­ seconds. For other radiolocation equipment, ceeding is terminated. 1. In | 89.101, the frequency table in tolerances will be specified In the station paragraph (h) is amended by revising authorization. See also § 89.121. (Secs. 4, 303, 307, 48 Stat., as amended, 1066» the entry for 2900-3100 and adding the ***** 1082, 1083; 47 U.S.C. 154, 303, 307) remaining entries in proper numerical Adopted: February 21,1968. order, and paragraph (i) is amended by 3. Section 89.117(b) is amended to read: Released: February 28,1968. revising subparagraphs (4) and (9) and adding subparagraphs CIO) through (15) § 89.117 Acceptability o f transmitters F ederal C ommunications to read as follows: for licensing. C o m m issio n ,1" § 89.101 Frequencies. * * * * * [seal! B e n F. W aple, Secretary. * * * * * (b) Except for transmitters used in (h) * * * developmental stations, transmitters au­ [PR. Doc. 68-2635, Filed; Mar. I, 1968; thorized as of January 1, 1965, in police 8:48 a.m.J zone and interzone stations, and trans­ Frequency band : Glass of station (s) ; Limitations (Mc/s) mitters in radiolocation stations during the term of any license issued prior to [Docket No. 17847; FGC 68-1851 * * * * * * * *. * January 1,1973, each transmitter utilized PART 89— PUBLIC SAFETY RADIO 2900-3100______Radiolocation___ 9,10 by a station authorized for operation 5350-5460______10,14 SERVICES 5460-5470.______10,12 under this part must be of a type which 5470-5600______10,9 is included on the Commission’s current 5600-5650______10, tt PART 93— LAND TRANSPORTATION + * * * * * Radio Equipment List and is designated RADIO SERVICES 9000-9200. ___ 10,14 for use under this part or be o f a type 9300-9500______1012,15 which has been type accepted by the 10,000-10,500______Miscellaneous Amendments * * * 11,13 Commission for use under this part. Order: In the matter of Amendment ***** of Parts 89 and 93 of the Commission’s ü ï * * * II. Part 93 is amended as follows: rules to make certain frequency bands C4) Radiolocation land stations and 1. In § 93.102, footnote 3 to the table between 2.9 and 10.5 G c/s available for radiolocation mobile stations, including in paragraph (a) is amended to read: radiolocation and to establish require­ speed measuring devices, may be author­ § 93.102 Frequency stability. ments for type acceptance of transmit­ ized to use frequencies in the band 2450- ters in radiolocation stations, Docket No. 2500 Mc/s on the condition that harmful (a) * * * 17847. i interference will not be caused to the 3 Radiolocation equipment using pulse 1. On November 8, 1967, the Commis­ fixed and mobile services. modulation shall meet the following fre­ sion released a notice of proposed rule quency tolerance: The frequency at which making (FCC 67-1200, 32 F.R. 15680, ***** maximum emission occurs shall be within Nov. 14, 1967) in the above-entitled mat­ (9) The non-Govemment radioloca­ the authorized frequency band and shall not ter. The Commission proposed to amend tion service in this band is secondary to be- closer than 1.5/T Mc/s to the upper and the maritime radionavigation service and lower limits of the authorized frequency Parts 89 and 93 of the rules so as to band where T Is the pulse duration in micro­ conform the availability of frequency to the Government radiolocation service. seconds. For other radiolocation equipment; uands above 2.9 Gc/s for radiolocation (10) ; Speed measuring devices will nottolerances will be specified in the station stations with those bands listed in Farts be authorized in this band. authorization. See also § 93.111. 2 and 91 of the rules. In addition, the (11) This band is allocated to the * "* * * * * Commission, proposed to amend the rule radiolocation service on a secondary basis to those services having primary 2. Section 93.109 (b> is amended to Parts so as to require that transmitters read: m radiolocation stations be type ac­ status as shown in the Commission’s cepted to be eligible for licensing begin­ Table of Frequency Allocations con­ § 93.109 Acceptability o f transmitters ning January 1, 1978. An engineering tained in S 2.106 of this chapter. for licensing. standard for frequency tolerance for (12> The non-Government radioloca­ * * * * * radiolocation stations using pulse modu­ tion service in this band is secondary to (b) Except for transmitters used in li"1011 was also proposed. The time for the radionavigation service and to the developmental stations, and in radioloca­ niing comments and reply comments has Government radiolocation service. tion stations during the term of any expired. (13) The non-Government radioloca­ license issued prior to January I, 1973, 2. No comments were received in the tion service is limited to survey opera­ each transmitter utilized by a station "j making and no reason has developed tions using transmitters with a power authorized for operation under this part “ ■nee the issuance of the rule making to not to exceed I watt into the antenna. must be of a type which is included on ™cady the rule amendments as pro- Pulsed emissions are prohibited. the Commission’s current Radio Equip­ Pcsed by the Commission. (14) The non-Govemment radioloca­ ment List and is designated for use under tion service in this band is secondary to this part or be of a type which has been Commissioner Bartley dissenting an d is- the aeronautical radionavigation service type accepted by the Commission for use j 6 a statement filed as part of the original and to the Government radiolocation under this part. ment and Commissioner Lee absent. service.

FEDERAL REGISTER, V O L 33, NO. 43— SATURDAY, MARCH 2, 1968 No. 43------3 4104 RULES AND REGULATIONS

3. In § 93.112, the frequency table in§ 28.28 Special regulations; public ac­ PART 33— SPORT FISHING paragraph (a) is amended by adding the cess, use, and recreation; for indi­ following entries .in proper numerical vidual wildlife refuge areas. Salt Plains National Wildlife Refuge, order, and paragraph (b) is amended by Oklahoma Okla. adding subparagraphs (8) through (14) SALT PLAINS NATIONAL WILDLIFE REFUGE The following special regulation is to read as follows: issued and is effective on date of publica­ § 93.112 Availability o f microwave fre­ Portions of the Salt Plains National tion in the Federal R egister. quencies. Wildlife Refuge, Okla., are open to public access, use, and recreation, subject to the § 33.5 Special regulations; sport fish­ (a) * * * provisions of Title 50, Code of Federal ing; for individual wildlife refuge Regulations, and the public use area is areas. Frequency band Class of station(s) Limitations designated on maps available at refuge O klahoma (Mc/s) headquarters, Jet, Okla., and from the SALT PLAINS NATIONAL WILDLIFE REFUGE * * * * * * * * * Regional Director, Bureau of Sport Fish­ Sport fishing on the Salt Plains 2900-3100...... 8.14 eries and Wildlife, Post Office Box 1306, National Wildlife Refuge, Okla., is per­ 5350-5460______8,12 Albuquerque, N. Mex. 87103, and subject 5460-5470.______8,10 mitted only on areas designated by signs 6470-5600...... 8.14 to the following special conditions: as open to fishing. These open areas, 5600-5650...... 8,9 (1) The public is permitted to enter * * * * * * • * * upon the Great Salt Plains from the west comprising 7,800 acres, are delineated 9000-9200...... 8,12 on maps available at refuge headquar­ 9300-9500...... 8,10,13 along designated routes of travel to col­ 10,000-10,500______9,11 ters, Jet, Okla., and from the office of * * * * * * * * * lect gypsum (selenite) crystals. Vehicles will be allowed only along such travel the Regional Director, Bureau of Sport lanes and parking areas as are posted for Fisheries and Wildlife, Post Office Box (b) * * * such activity. 1306, Albuquerque, N. Mex. 87103. Sport (8) Speed measuring devices will not (2) Each individual may collect for fishing shall be in accordance with all be authorized in this band. his personal use up to a maximum of 10 applicable State regulations subject to (9) This band is allocated to the radio­ pounds plus one crystal or crystal cluster the following special conditions: location service on a secondary basis to per day. „ (1) The open season for sport fishing those services having primary status as (3) Digging for crystals will be con­ on the refuge extends from April 15 shown in the Commission’s Table of Fre­ fined to areas posted for such activity. through October 15, 1968, inclusive, in quency Allocations contained in § 2.106 (4) The period of use shall be on Sat­ Great Salt Plains Lake as posted, in Sand of this chapter. urdays, Sundays, and holidays from Creek, the three main channels of Salt (10) The non-Government radioloca­ Fork River, and the right-of-way of April 1 through October 15, 1968, in­ Oklahoma State Highway 11 as posted. tion service in this band is secondary to clusive. Gates will be opened to the col­ the radionavigation service and to the (2) It is illegal to take game fish by lecting area at 8 a.m. and closed at 6 p.m. any means other than hook and line. Government radiolocation service. The provisions of this special regula­ (11) The non-Government radioloca­ Trotlines must be removed from waters tion supplement the regulations which at the close of the fishing season. tion service is limited to survey opera­ govern public access, use, and recreation tions using transmitters with a power Thé provisions of this special regula­ on wildlife refuge areas generally which tion supplement the regulations which not to exceed one watt into the antenna. áre set forth in Title 50, Code of Federal Pulsed emissions are prohibited. govern fishing on wildlife refuge areas Regulations, Part 28, and are effective generally which are set forth in Title 50, (12) The non-Government radioloca­ through October 15, 1968. Code of Federal Regulations, Part 33, and tion service in this band is secondary to W illiam T. K rummes, are effective through December 31,1968. the aeronautical radionavigation service Regional Director, and to the Government radiolocation F red L. Bolwahnn, service. Albuquerque, N. Mex\ Refuge Manager, Salt Plains (13) Radiolocation installations will F ebruary 20, 1968. National Wildlife Refuge, be coordinated with the meteorological [F.R. Doc. 68-2584; Filed, Mar. 1, 1968; Jet, Okla. aids service, and, insofar as practicable, 8:45 a.m.] F ebruary 12,1968. will be adjusted to meet the needs of the [F.R. Doc. 68-2586; Filed, Mar. 1, 1968; meteorological aids service. 8:45 a.m.] (14) The non-Government radioloca­ PART 32— HUNTING tion service in this band is secondary to Kodiak National Wildlife Refuge, the maritime radionavigation service and to the Government radiolocation service. Alaska Title 7— AGRICULTURE ♦ * * * * . The following special condition sup­ Chapter I— Consumer and Marketing plements the regulations published in [F.R. Doc. 68-2634; Piled, Mar. 1, 1968; S e rv ice ' (Standards, Inspections, 8:48 &.m.] F.R. Doc. 67-12038, appearing on page 14157 of the issue for Thursday, October Marketing Practices), Department 12, 1967: of Agriculture (3) A Federal permit is required to Title 50— WILDLIFE AND take brown bear on the Kodiak National PART 52— PROCESSED FRUITS AND Wildlife Refuge during the period April VEGETABLES, PROCESSED PROD­ FISHERIES 1-May 20,1968. Permits will be issued by UCTS THEREOF, AND CERTAIN hunting area units on a priority applica­ OTHER PROCESSED FOOD PROD­ Chapter I— Bureau of Sport Fisheries tion basis. Permits may be obtained from UCTS and Wildlife, Fish and Wildlife the Refuge Manager, Kodiak National Service, Department of the Interior Wildlife Refuge, Post Office Box 825, Subpart— U.S. Standards for Grades Kodiak, Alaska 99615. of Grapefruit Juice PART 28— PUBLIC ACCESS, USE, AND RECREATION H enry B aetkey, Change in Effective D ate Acting Regional Director, Bu­ Salt Plains National Wildlife Refuge, reau of Sport Fisheries and U.S. Standards for Grades of Grape­ fruit Juice were published in the Fed­ Okla. Wildlife. eral R egister of February 2, 1968 (3* The following special regulation is F ebruary 27,1968. F.R. 2500) to become effective 30 days issued and is effective on date of publi­ [F.R. Doc. 68-2657; Filed, Mar. U 1968; after such publication—on March 3, cation in the F ederal R egister. 8:50 a.m.] 1968. It is now determined that gooa

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 RULES AND REGULATIONS 4105 cause exists for delaying the effective established under the said amended mar­ [Grapefruit Reg. 19] date of these standards and the super- keting agreement and order, and upon PART 913— GRAPEFRUIT GROWN IN sedure of the U.S. Standards for Grades other available information, it is hereby of Canned Grapefruit Juice (7 CFR found that the limitation of handling of INTERIOR DISTRICT IN FLORIDA 52.1191-52.1203), as provided in the such lemons, as hereinafter provided, will Limitation of Handling aforementioned publication, until the tend to effectuate the declared policy of current major grapefruit juice pack has the act. § 913.319 Grapefruit Regulation 19. been finished. It is also found that notice (2) It is hereby further found that it (a) Findings. (1) Pursuant to the mar­ and public procedure are impracticable. is impracticable and contrary to the pub­ keting agreement and Order No. 913 (7 Statement of consideration leading to lic interest to give preliminary notice, CFR Part 913; 30 F.R. 15204), regulating this action. A proposal to issue U.S. engage in public rule-making procedure, the handling of grapefruit grown in the Standards for Grades of Grapefruit and postpone the effective date of this Interior District in Florida, effective Juice was published in the F ederal section until 30 days, after publication under the applicable provisions of the R egister of September 30, 1967 (32 F.R. hereof in the F ederal R egister (5 U.S.C. Agricultural Marketing Agreement Act 13720). Comments from all interested 553) because the time intervening be­ of 1937, as amended (7 U.S.C. 601-674), persons responding to this proposal indi­ tween the date when information upon and upon the basis of the recommenda­ cated strong general approval of the which this section is based became avail­ tions and information submitted by the standards as proposed. Certain minor able and the time when this section must Interior Grapefruit Marketing Commit­ changes suggested were adopted as being become effective in order to effectuate tee, established under the said marketing reasonable and appropriate. the declared policy of the act is insuf­ agreement and order, and upon other Subsequent to the publication of the ficient, and a reasonable time is permit­ available information, it is hereby found standards on February 2, 1968, informa­ ted, under the circumstances, for prep­ that the limitation of handling of such tion furnished the Department by the aration for such effective time; and good grapefruit, as hereinafter provided, will Florida Canners Association, and others, cause exists for making the provisions tend to effectuate the declared policy of indicates that a change in the quality hereof effective as hereinafter set forth. the act. standards—on March 3, 1968, would be The committee held an open meeting (2) It is hereby further found that it disruptive to the marketing of grapefruit during the current week, after giving due is impracticable and contrary to the pub­ juice already packed under existing con­ notice thereof to consider supply and lic interest to give preliminary notice, tracts, and cause confusion regarding the market conditions for lemons and the engage in public rule-making procedure, packing, marketing, and labeling of the need for regulation; interested persons and postpone the effective date of this small portion of the pack yet to be pro­ were afforded an opportunity to submit section until 30 days after publication duced from fresh fruit. information and views at this meeting; hereof in the F ederal R egister (5 U.S.C. In consideration of the aforemen­ the recommendation and supporting in­ 553) because the time intervening be­ tioned information and opinions, and formation for regulation during the pe­ tween the date when information upon other information now available to the riod specified herein were promptly sub­ which this section is based became avail­ Department, the effective date of the mitted to the Department after such able and the time when this section must U.S. Standards for Grades of Grape­ meeting was held; the provisions of this become effective in order to effectuate the fruit Juice and the supersedure of the section, including its effective time, are declared policy of the act is insufficient, U.S. Standards for Grades of Canned identical with the aforesaid recommen­ and a reasonable time is permitted, under Grapefruit Juice, as provided for on dation of the committee, and informa­ the circumstances, for preparation for March. 3, 1968, are stayed until October tion concerning such provisions and ef­ such effective time; and good cause exists 1, 1968, at which time both of these fective time has been disseminated for making the provisions hereof effective actions shall become fully effective. among handlers of such lemons; it is as hereinafter set forth. The committee necessary, in order to effectuate the de­ Dated: February 28,1968. held an open meeting during the current clared policy of the act, to make this week, after giving due notice thereof, to J ohn C. B lu m , section effective during the period herein consider supply and market conditions Acting Deputy Administrator, specified; and compliance with this sec­ for Interior grapefruit, and the need for Marketing Services. tion will not require any special prepara­ regulation; interested persons were af­ [F.R. Doc. 68-2653; Filed, Mar. 1, 1968; tion on the part of persons subject hereto forded an opportunity to submit inf or-, 8:50 a.m.] which cannot be completed on or before mation and views at this meeting; the the effective date hereof. Such committee recommendation and supporting infor­ meeting was held on February 27, 1968. mation for regulation during the period Chapter IX— Consumer and Market­ (b) Order. (1) The respective quan­•specified herein were promptly submitted ing Service (Marketing Agreements tities of lemons grown in California and to the Department after such meeting and Orders; Fruits, Vegetables, Arizona which may be handled during was held; the provisions of this section, Nuts), Department of Agriculture the period March 3,1968, through March including its effective time, are identical 9, 1968, are hereby fixed as follows: with the aforesaid recommendation of [Lemon Reg. 310] (1) District 1 : Unlimited movement; the committee; and information con­ PART 910— LEMONS GROWN IN (ii) District 2: 186,000 cartons; cerning such provisions and effective (iii) District 3: Unlimited movement. CALIFORNIA AND ARIZONA time has been disseminated among han­ (2) As used in this section, “handled,” dlers of such Interior grapefruit; it is Limitation of Handling “District 1,” “District 2,” “District 3,” necessary, in order to effectuate the de­ and “carton” have the same meaning as clared policy of the act, to make this § 910.610 Lemon Regulation 310. when used in the said amended market­ section effective during the period herein (a) Findings. (1) Pursuant to the ing agreement and order. specified; and compliance with this sec­ marketing agreement, as amended; and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tion will not require any special prepara­ Order No. 910, as amended (7 CFR Part 601-674) tion on the part of persons subject hereto 910), regulating the handling of lemons Dated: February 29,1968. which cannot be completed on or before grown in California and Arizona, effec­ the effective date hereof. Such committee tive under the applicable provisions of F loyd F. H edlund, meeting was held on February 29, 1968. the Agricultural Marketing Agreement Director, Fruit and Vegetable (b) Order. (1) The quantity of grape­ Act of 1937, as amended (7 U.S.C. 601- Division, Consumer and Mar­ fruit grown in the Interior District which 074), and upon the basis of the recom­ keting Service. may be handled during the period March mendations and information submitted [F.R. Doc. 68-2670; Filed, Mar. 1, 1968; 4,1968, through March 10,1968, is hereby by the Lemon Administrative Committee, 8:50 a.m.] fixed at 175,000 standard packed boxes.

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4106 RULES AND REGULATIONS

(2) As used In this section, “handled,”most direct competition with the exists for not postponing the effective “Interior District,” “ grapefruit,” and marketing of the same type potatoes date of this regulation until 30 days after “standard packed box” have the same produced in the State of Maine covered publication in the Federal R egister (5 meaning as when used in said marketing by Order No. 950 (Part 950 of this" chap­ U.S.C. 553) in that (1) the requirements agreement and order. ter).” of 8e of the act make this amendment (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 2. Subparagraph (2) of paragraph (b)mandatory, (2) compliance with the 601-674) is amended by deleting the period and amendment on and after the effective Dated: March 1, 1968. adding at the end thereof the following: date of this regulation will not require “Provided, That for the period March 6 any special preparation by importers Paul A. Nicholson, through June 14, 1968, the grade, size, which cannot be completed by the effec­ Deputy Director, Fruit and quality and maturity requirements of tive date hereof, and (3) the effective Vegetable Division, Consumer Marketing Order No. 950, as amended date hereof complies with the notice re­ and Marketing Service. (Part 950 of this chapter) applicable to quirement specified in the act and such [P A Doc. 68-2748; Filed, Mar. 1, 1968; potatoes of the round types shall be the notice is determined to be reasonable. 11:21 a.m.] respective grade, size, quality and For the information of importers the maturity for imports of other round type regulations for all other round type po­ potatoes.” tatoes (7 CFR Part 950), published in [980.1 Potatoes, Arndt. 5] Findings, (a) It is hereby found and the Federal R egister Saturday, Febru­ PART 980— VEGETABLES: IMPORT determined that during the period March ary 17, 1968, page 3102, effective Febru­ ary 19, 1968, require all other round REGULATIONS 6 through June 14, 1968, all other round varieties of potatoes imported into the type potatoes to meet the requirement Irish Potatoes United States are in most direct com­ of U.S. No. 1 or better grade, 2 inches minimum diameter. Pursuant to the requirements of 8e petition with all other round varieties of the Agricultural Marketing Agreement produced in the State of Maine and that (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Act of 1937, as amended (7 U.S.C. 608e-l) ‘the import regulations shall be based on 601-674) i 980.1 Import regulations, Irish potatoes the regulation in effect for all other round varieties of potatoes regulated Dated February 29, 1968, to become (7 CFR Part 980), is hereby amended in effective March 6,1968. the following respects: under Marketing Order 950 (7 CFR Part 1. Subparagraph (2) (ii) of para­950). F loyd F. H edlund, graph (a) is amended by deleting the (b) It is hereby found that it is im­ Director, Fruit and Vegetable period and adding at the end thereof the practicable and unnecessary and con­ Division, Consumer and Mar­ following: “Provided, That for the period trary to the public interest to give pre­ keting Service. March 6 through June 14, 1968, imports liminary notice or engage in public rule [F.R. Doc. 68-2749; Filed, Mar. 1, 1968; of all other round type potatoes are in making procedure and that good cause 11:21 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4107

Proposed Rule Making

which nominations are made and the § 932.35 Duties. DEPARTMENT OF AGRICULTURE preceding crop year, the cooperative The committee shall have, among handlers or the independent handlers Consumer and Marketing Service others, the following duties: handled as first handler 65 percent or * * * * * [ 7 CFR Part 932 1 more of the total quantity of olives so handled by all handlers allocation shall (c) To make scientific and other [Docket No. AO—352—Al] be five members to represent the group studies, and assemble data on the pro­ which handled 65 percent or more of ducing, handling, shipping, and market­ HANDLING OF OLIVES GROWN IN ing conditions relative to olives», which CALIFORNIA such olives and three members to rep­ resent the group which handled 35 per­ are necessary in connection with the per­ Notice of Hearing With Respect to cent or less. The committee may, with formance of its official duties; Proposed Amendments to Market­ the approval of the Secretary, provide * * * * * such other allocation of producer or han­ ing Agreement and Order 5. Amend paragraph (a) of § 932.39 to dler membership as may be necessary read as follows: Pursuant to the Agricultural Market­ to assure equitable representation. § 932.39 Assessments. ing Agreement Act of 1937, as amended 3. Revise § 932.29 to read as follows: (secs. 1-19, 48 Stat. 31," as amended; (a) As his pro rata share of the ex­ 7 U.S.C. 601-674), and in accordance § 932.29 Nominations. penses which the Secretary finds are with the applicable rules of practice (a) Producer members. (1) Nomina­ reasonable and likely to be incurred by and procedure governing proceedings tions for producer members of the com­ the committee during a fiscal year, each to formulate marketing agreements mittee, and their respective alternates, handler who first handles olives during and marketing orders (7 CFR Part shall be made at meetings of producers such year shall pay to the committee, 900), notice is hereby given of a pub­ held by the committee at such times and upon demand, assessments on all olives lic hearing to be held in Assembly places as it shall designate. The names used as canned ripe olives or green olives Room 1036, State of California Building, of nominees shall be submitted to the when regulated. * * * 2550 Mariposa Street, Fresno, Calif., Secretary prior to April 16 of the year- in * * * * * beginning at 9 a.m., local time, March 21, which nominations are made. The com­ 6. Revise § 932.45 to read as follows: 1968, with respect to proposed amend­ mittee shall prescribe such procedure ments of the marketing agreement and for the conduct of such meetings and for § 932.45 Marketing research and devel­ Order No. 932 (7 CFR Part 932), herein­ voting on the candidates selected thereat opment. after referred to as, the “marketing as shall be fair to all persons concerned. (a) The committee may, with the ap­ agreement’’ and “order,” respectively, (2) Only producers, including duly proval of the Secretary, establish or pro­ regulating the handling of olives grown vide for the establishment of marketing in the State of California. The proposed authorized officers or employees of pro­ ducers, who are present shall participate research and development projects de­ amendments have not received the ap­ signed to assist, improve, or promote the proval of the Secretary of Agriculture. in the nomination of producer members and alternate members. Each producer marketing, distribution, and consump­ The public hearing is for the purpose shall be entitled to cast only one vote for tion of California olives. Such projects of receiving evidence with respect to the each nominee to be selected in the dis­ may provide for any form of marketing economic and marketing conditions trict in which he produces olives. No pro­ promotion, including paid advertising. which relate to the proposed amend­ ducer shall participate in the selection of The expenses of such projects shall be ments, hereinafter set forth, and to any nominees in more than one district. If paid from funds collected pursuant to appropriaste modifications thereof. a producer produces olives in more than § 932.39. The following amendments to the one district, he shall sélect the district in Ob) In recommending projects pur­ marketing agreement and order have which he will so participate and notify suant to this section, the committee shall been proposed by the Olive Administra­ the committee of his choice. give consideration to the following tive Committee, the administrative (b) Handler members. (1) At a meet­ factors: agency established pursuant to the mar­ ing or meetings called by the committee, (1) The expected supply of olives in keting agreement and order: the cooperative handlers shall nominate relation to market requirements; 1. Revise § 932.8 to read as follows : a qualified person for each member posi­ (2) The supply situation among com­ tion and a qualified person for each alter­ peting areas and commodities; and § 932.8 Natural condition olives. nate position allocated to cooperative (3) The need for marketing research “Natural condition olives” means handlers as provided in § 932.25. . (2) At a meeting or meetings called with respect to any marketing develop­ olives in their fresh harvested state, ment activity and the need for a co­ whether or not placed in a water or other by the committee, the independent Jian- dlers shall nominate a qualified person ordinated effort with USDA’s Plentiful Preserving medium. Foods Program. 2. Amend § 932.25 by deleting the final for each member position and a qualified person for each alternate member posi­ (c) If the committee should conclude sentence and inserting in lieu thereof that a program of marketing research a sentence to read as follows: tion allocated to independent handlers as provided in § 932.25. or development should be undertaken or § 932.25 Establishment and member­ (3) Each handler shall be entitled to continued pursuant to this section in any ship. cast only one vote for each nominee for crop year, it shall submit the following * * * Allocation of the handler mem­ cooperative handler member or alternate for the approval of the Secretary: bers shall be four members to represent member or independent handler member (1) Its recommendations as to funds cooperative marketing organizations, or alternate member, as the case may be, to be obtained pursuant jfco § 932.39; herein referred to as “cooperative han­ which vote shall be weighted by the ton­ (2) Its recommendations as to any dlers,” and four members to represent nage of olives he handled during the crop marketing research projects; and handlers who are not cooperative mar­ year in which nominations are made and (3) Its recommendations as to promo­ keting organizations, herein referred to the previous crop year. tion activity and paid advertising. as “independent handlers,” Provided, 4. Amend § 932.35 by revising para­ 7. Revise paragraph (a) of § 932.51 That whenever during the crop year in graph (ç) to read as follows: to read as follows:

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4108 PROPOSED RULE MAKING

§ 932.51 Incoming regulations. (vi) Olives classified as culls. § 932.54 Interhandler transfers. (a) Minimum standards for natural (3) A handler’s obligation for any Transfers within the area of olives condition olives. (1) Except as otherwise variety group for quantities of olives that from one handler to another for further provided in this section, no handler shall are smaller than sizes listed above for handling within the area are permitted. process any lot of natural condition olives such variety group may be satisfied by Whenever such a transfer of olives is for use in the production of packaged disposing of olives of any variety group made, the transferring handler shall olives which has not first been: which are olives of sizes smaller than comply with all applicable regulations (i) Weighed on scales sealed by the those listed above for such variety group, up to the time of such transfer, and the State of California Department of A handler’s obligation for cull olives receiving handler shall comply with all Weights and Measures, an official certi­ for any variety group may be satisfied applicable regulations subsequent to fied weight certificate issued thereon, by disposing of cull olives from any other such transfer: Provided, That disposi­ and a copy of such certificate furnished variety group. tion obligation of § 932.51(a) (2) may be to the Federal or Federal-State Inspec­ Handlers may satisfy the disposition transferred on lot or lots of natural con­ tion Service and the committee; and requirements with olives of sizes larger dition olives. (ii) Size-graded, either by sample or than those sizes listed above for each 10. Amend § 932.55 by revising para­ by lot, under the supervision of any variety group or olives of a quality better graph (b) to read as follows: than culls. such inspection service and classified into § 932.55 Exemption. separate size designations and a certifi­ (4) Each handler shall hold at all cation issued with respect thereto by times a quantity of olives equal to the * * * * * such inspection service. Such size desig­ quantities required in subparagraph (2) (b) Upon the basis of the recommen­ nations shall be in accordance with those of this paragraph, less any quantity dation submitted by the committee or set forth in Table 1 of the U.S. Standards previously disposed of as specified in such from other available information, the for Grades of Canned Ripe Olives (§§ 52.- subparagraph. Secretary may relieve from any or all 3751-52.3766 of this title) or such sizes as * * * * * requirements under this part the han­ may be recommended by the committee 8. Amend § 932.52 by revising para­ dling of olives in such minimum quanti-, and established by the Secretary: Pro­ graph (a) to read as follows: ties in such types of shipments, or for vided, That, for the purpose of this part, such specified purposes (including ship­ the size designations in said Table 1 § 932.52 Outgoing regulations. ments to facilitate the conduct of shall be deemed to include the following (a) Minimum standards for packaged marketing research and development two additional size designations: Olives. * * * projects established pursuant to § 932.45) (1) Canned ripé olives, other than as tiie committee with the approval of Approximate Average count those of the “tree-ripened” type, shall the Secretary may prescribe. Designations(s) count (per (per pound) ♦ * * * * pound) grade at least UJ3. Grade C, as such grade is defined in the then current The Fruit and Vegetable Division, Ü.S. Standards for Canned Ripe Olives 181 and up. Consumer and Marketing Service, has 160 141 to 180, inclusive. (§§ 52.3751-52.3766 of this title) or as proposed that consideration be given to modified by ,the committee with the making such other changes in the approval of the Secretary. Such certification shall show, in addi­ marketing agreement and order as may tion to the quantities by weight of the * * * * ♦ be necessary to make the entire market­ olives in the lot that are classified as (3) Processed olives to be used in theing agreement and order conform with being in each size or size designation, production of canned pitted ripe olives, any amendments thereto that may result the quantity of olives classified as culls other than those of the “tree-ripened” from this hearing. by the handler: Provided, That when the type, shall meet the same size require­ Copies of the notice of hearing may Secretary, upon the recommendation of ments as specified in subparagraph (2) be obtained from the Director, Fruit and the committee, issues a definition of and of this paragraph: Provided, That olives Vegetable Division, Consumer and Mar­ classification for “ culls,” the aforesaid which do not meet such size requirements keting Service, U.S. Department of Agri­ quantity of culls shall be determined on may be used in the production of halved, culture, Washington, D.C. 20250, or from the basis of such definition and in ac­ sliced, chopped, or minced styles of Mr. O. C. Fuqua, Fresno Marketing cordance with such classification. canned ripe olives, as defined in said Field Office, Fruit and Vegetable Divi­ <2) Each handler shall, under the UJS. Standards, if such olives are not sion, Consumer and Marketing Service, supervision of any such inspection serv­ smaller than the following applicable UJ3. Department of Agriculture, Room ice, dispose of as other than canned ripe minimum size: 3114 Federal Building, 1130 O Street, olives an aggregate quantity of olives, (i) Variety Group 1 olives, except the Fresno, Calif. 93721. comparable in size and characteristics Ascolano, Barouni, and Saint Agostino Dated : February 28,1968. and equal to the quantities shown on the varieties, of a size which have a count of certification for each lot to be: 105 or less per pound; J oh n C. B lu m , (i) Variety Group 1 olives, except the Deputy Administrator, (ii) Variety Group 1 olives of the Regulatory Programs. Ascolano, Barouni, and Saint Agostino Ascolano, Barouni, or Saint Agostino varieties, of a size which have a count varieties, of a size which have a count [F.R. Doc 68-2654; Filed, Mar. 1, 1968: in excess of 105 per pound; of 180 or less per pound; 8:50 a.m.] (ii) Variety Group 1 olives of the (iii) Variety Group 2 Olives, except Ascolano, Barouni, and Saint Agostino the Obliza variety, of a size which have varities of a size which have a count a count of 225 or less per pound; in excess of 180 per pound; DEPARTMENT OF (iv) Variety Group 2 olives of the (iii) Variety Group 2 olives, except Obliza variety of a size which have a TRANSPORTATION the Obliza variety, of a size which have count of 180 or less per pound; or a count in excess of 225 per pound; Federal Aviation Administration (iv) Variety Group 2 olives of the (v) Such other minimum size require­ Obliza variety of a size which have a ments for the foregoing variety groups 114 CFR Part 91 1 count in excess of 180 per pound; as may be recommended annually by the [Docket No. 8613; Notice No. 67-55A] committee and established by the Secre­ (v) Such other sizes for the foregoing tary: Provided, That the minimum size variety groups as may be recommended OPERATION OF CERTAIN AIRPLANES requirements specified in subdivisions IN CONTROLLED AIRSPACE annually by the committee and estab­ (i) to (it) of this subparagraph shall lished by the Secretary: Provided, That apply in the 1968 crop year. Extension of Comment Period the sizes specified in subdivisions (i) to (iv) of this subparagraph shall apply in * * * * * On December 27,1967, a notice of pro­ the 1968 erop year; or 9. Revise § 932.54 to read as follows: posed rule making was issued that would

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 PROPOSED RULE MAKING 4109 require certain types of operators and (6) The transfer of possession or control for the products, quality control proce­ classes of airplanes to operate under in­ by the manufacturer, processor, or producer dures, requirements for testing, and of any equipment, device, commodity, or labeling. The authority of agreement strument flight rules when in controlled other product containing source, byproduct, airspace in the 48 contiguous States and or special nuclear material, intended for use States to regulate any radiation hazards the District of Columbia. by the general public. that might arise during manufacture of Several user organizations have re­ such products would not be affected by quested an extension to the comment In its notice of rule making published the proposed amendment. Accordingly, period ending March. 1, 1968. Since this on February 14, 1962 (27 F.R. 1351), the dual regulation will continue to be proposal may have substantial effect on Commission stated; avoided. aviation, good cause exists to extend the Control over consumer type devices, such - Unlike present § 150.15(a) (6), the comment period to ensure that all in­ as luminous watches, would be retained by proposed amendment refers only td terested parties have an opportunity to the Commission. The uncontrolled distribu­ products containing source and by­ tion of atomic materials in products designed submit comments in full. Therefore, the for distribution to the general public, such as product material, and does not refer to time period for the submission of com­ consumer type devices, and the ultimate un­ products containing special nuclear ments on Notice 67-55 is extended to controlled release of these materials into the material. Since the proposed amendment March 11,1968. environment, involve questions of national substitutes the concept of products which Communications should identify the policy which have not yet been resolved. It is have been exempted from Commission regulatory docket or notice number and for this reason that the Commission is re­ regulations for the concept of products be submitted in duplicate to the Federal taining control over such products. The Com­ “intended for use by the general public,” mission recognizes that the phrase “products Aviation Administration, Office of the designed for distribution to the general pub­ and since the Commission has never General Counsel, Attention: Rides Dock­ lic” is not precise. The purpose of the provi­ exempted products containing special et, 800 Independence Avenue SW., sion, however, will be discussed with each nuclear material from licensing require­ Washington, D.C. 20590. All comments agreement State; serious difficulties in inter­ ments, such a reference would be inap­ submitted will be available, both before pretation of the phrase are not anticipated. propriate. Neither section 53 nor section and after the closing date for comments, In retaining regulatory authority over 57 of the Act, which relate to licensing in the Rules Docket for examination by transfer of “products * * * intended for requirements for special nuclear mate­ interested persons. use by the general public” , the Commis­ rial and Commission authority to issue This extension of comment period is sion was seeking to maintain surveillance such licenses, contains a provision au­ issued under the authority of sections over the safety of products containing thorizing the Commission to exempt uses 307 and 313 of the Federal Aviation Act radioactive materials, without the im­ of special nuclear material from licensing Of 1958 (49 U.S.C. 1348, 1354). position of regulatory controls, and to be requirements. Issued in Washington, D.C., on Feb­ able to assess the effect of the attendant Pursuant to the Atomic Energy Act of ruary 28,1968. uncontrolled addition of these radio­ 1954, as amended, and section 553 of A rchie W. League, active materials to the environment. In Title 5 of the United States Code, notice Director, Air Traffic Service. view of the increasing difficulty in de­ is hereby given that adoption of the fol­ termining whether or not such products lowing amendment of 10 CFR Part 150 [FH. Doc. 68-2616; Filed, Mar. 1, 1968; is contemplated. All interested persons 8:47 am.] are intended for use by the general pub­ lic, the Commission is considering the who desire to submit written comments amendment of Part 150 to redefine the or suggestions in connection with the category of products containing radio­ proposed amendment should send them ATOMIC ENERGY COMMISSION active materials over whose transfer to the Secretary, U.S. Atomic Energy n o CFR Port 150] in an agreement State it retains Commission, Washington, D.C. 20545, jurisdiction. Attention: Chief, Public Proceedings EXEMPTIONS AND CONTINUED REG­ The proposed amendment of Part 150 Branch, within 60 days after initial pub­ ULATORY AUTHORITY IN AGREE­ set forth below would amend § 150.15(a) lication of this notice in the F ederal MENT STATES (6) by deleting the phrase “prodùct * * * R egister. Comments received after that intended for use by the general public” period will be considered if it is practi­ Transfer of Products Containing By­ and substituting therefore the phrase cable to do so, but assurance of consider­ product Material and Source Mate­ “product * * * whose subsequent pos­ ation cannot be given except as to com­ rial Exempted From Licensing and session, use, transfer, and disposal are ments filed within the period specified. Regulatory Requirements exempted from licensing and regulatory Copies of comments on the proposed requirements of the Commission under rule may be examined at the Commis­ Subsection 274c of the Atomic Energy Parts 30 and 40 of this chapter.” sion’s Public Document Room at 1717 H Act of 1954, as amended, provides that Street NW., Washington, D.C. notwithstanding any agreement between If the proposed amendment is adopted, Section 150.15(a) (6) of Part 150 is the Atomic Energy Commission and any the transfer of possession or control by amended to read as follows: State, the Commission is authorized to a manufacturer, processor, or producer require that the manufacturer, proces­ of any equipment, device, commodity, or § 150.15 Persons not exempt. sor, or producer of any equipment, device, other product containing byproduct ma­ (а) Persons in agreement States are commodity, or other product containing terial or source material whose posses­ not exempt from the Commission’s li­ source, byproduct, or special nuclear sion, use, transfer, and disposal are censing and regulatory requirements material shall not transfer possession or exempted from Commission licensing with respect to the following activities: ahd regulatory requirements under Parts control of such product except pursuant * * * * * to a license issued by the Commission. 30 and 40 would not be subject to the In issuing 10 CFR Part 150, which im­ licensing and regulatory authority of an (б) The transfer of possession or con­ plemented certain provisions of section agreement State even though the prod­ trol by the manufacturer, processor, or f <4 of the Act, the Commission exercised uct is manufactured, processed, or pro­ producer of any equipment, device, com­ its authority under subsection 274c of duced pursuant to an agreement State modity, or other product containing the Act by providing (§ 150.15(a) (6) ) license. The manufacturer of such prod­ source material or byproduct material inat persons in agreement States1 are *}°t exempt from the Commission’s ucts in an agreement State would be whose subsequent possession, use, trans­ ncensing requirements with respect subject to the Commission’s regulatory fer, and disposal are exempted from li­ authority with respect to transfer of any censing and regulatory requirements of product which has been so exempted the Commission under Parts 30 and 40 States to which the Commission, has from the Commission’s licensing and reg­ of this chapter. ^sferred certain regulatory authority over aaioactive material by formal agreement ulatory requirements. The Commission * * * * * P rsuant to section 274 of the Atomic Energy has confined its regulation of the trans­ (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201; sec. Act of 1954, as amended. fer of exempt products to specifications 274, 73 Stat. 688; 42 U.S.C. 2021)

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4110 PROPOSED RULE MAKING

Dated at Washington, D.C., this 14th due to a death in the family of its Channel *9- from Savannah to Pem­ day of February 1968. counsel, these documents cannot be filed broke, Ga., and Channel *28 from Colum­ in the time given. We are of the view bus to Warm Springs, Ga. This was in For the Atomic Energy Commission. that a sufficient showing of need for the response to a petition by The Georgia F. T. H obbs, request has been shown and that the State Board of Education (RM-1129), Acting Secretary. extension would serve the public interest. licensee of the educational stations on [F.R. Doc. 68-2361; Filed, Feb. 23, 1968; 3. In view of the foregoing: It is or­ these channels, who requested the 8:49 am.] dered, That the time for filing comments changes because the stations, located so in this proceeding is extended to March as to be part of an ETV system providing 4,1968, and the time for filing reply com­ statewide coverage, are actually located ments is extended to March 19, 1968. much closer to the two smaller commu­ FEDERAL COMMUNICATIONS 4. This action is taken pursuant to au­ nities than to .the two larger cities. thority found in sections 4(i), 5(d) (1), 2. By letter dated November 2, 1967, COMMISSION and 303 (r) of the Communications Act of the petitioner, through counsel, requested waiver of § 73.652 to permit dual-city [ 47 CFR Part 73 1 1934, as amended, and § 0.281(d) (8) of the Commission’s rules. identification for the stations1 and dis­ [Docket No, 17969] missal of this proceeding. It was stated Adopted: February 23,1968. that the requested waiver would alleviate AVAILABILITY OF FM CHANNELS Released: February 27,1968. confusion and result in more accurate TO UNLISTED COMMUNITIES identification of the stations, the reason F ederal Communications for which the rule making was initiated. Order Extending Time for Filing C ommission, By letters dated December 1, 1967, both Comments and Reply Comments [ seal] B en F. W aple, stations were granted the identification Secretary. In the matter of amendment of waivers. § 73.203(b) concerning the availability [F.R. Doc. 68-2636; Filed, Mar. 1, 1968; 3. It appears that the matter has thus of FM channels to unlisted communities, 8:49 a.m.] been resolved, this proceeding is no Docket No. 17969. longer necessary, and dismissal as re­ 1. In a notice of proposed rule making, I 47 CFR Part 73 Ì quested is appropriate. Accordingly, the released on January 22,1968, in this pro­ petition (RM-1129) is dismissed and this ceeding (FCC 68-65), the Commission in­ [Docket No. 17585; FCC 68-196] proceeding is terminated. vited comments by February 23,1968, and TELEVISION BROADCAST STATIONS Adopted: February 21,1968. reply comments by March 8, 1968, on a proposal to amend the requirements of Table of Assignments in Georgia; Released: February 26,1968. § 73.203(b), the so-called “25 mile rule” Memorandum Opinion and Order F ederal Communications for FM broadcast stations. Terminating Proceeding 2. On February 23, 1968, Middle Commission, Georgia Broadcasting Co., licensee of In the matter of amendment of § 73.606 [ seal! B en F. W aple, Station WCTY(AM), Macon, Ga., and Table of assignments, Television Broad­ Secretary. applicant for a new FM station In that cast Stations. (Savannah, Pembroke, Co­ [FJR. Doc. 68-2637; Filed, Mar. 1, 1968; city, filed a request for a 10-day exten­ lumbus, and Warm Springs, Ga.), Docket 8:49 am.] sion of time in which to file comments No. 17585, RM-1129. in this proceeding. Petitioner states that 1. The Commission adopted a notice of 1 Station WVAN—TV as “Savannah-Pem­ engineering and other comments are proposed rule making on July 5, 1967 broke” and Station WJSP-TV as ‘‘Colum­ being prepared for submission, but that (FCC 67-802), proposing reassignment of bus-Warm Springs".

FEDERAI REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4111

N otices

gineering, Housing and Urban Develop­ DEPARTMENT OF STATE ment Division, Office of Capital Develop­ ment, Bureau for Latin America and to DEPARTMENT OF THE TREASURY Agency for International Development A.I.D. Representatives and Directors of Internal Revenue Service HOUSING GUARANTIES A.I.D. Missions in countries of Latin [Order 87, Rev. 1] America, and no such redelegation shall Prescription of Rate permit further redelegation. ALCOHOL AND TOBACCO TAX Pursuant to section 222(h) of the For­ 3. References in this Delegation of Au­ thority to any Act shall be deemed to be Delegation of Authority to Settle eign Assistance Act of 1961, as amended, Claims and effective immediately, contracts of references to such Act as amended from guaranty for loan investments in hous­ time to time. Pursuant to the authority vested in the ing under sections 221(b)(2) and 224 4. This Delegation of Authority shall Commissioner of Internal Revenue by of that Act will be subject to the follow­ be deemed effective as of the date on Treasury Department Orders No. 150-2 ing restriction: which it is signed and includes ratifica­ and No. 150-37, and 26 U.S.C. 7851 (b) (3), The interest allowed to an eligible U.S. tion of all acts taken prior hereto which it is hereby ordered: investor may not exceed a rate three- are consistent with the terms and scope 1. Each Assistant Regional Commis­ quarters of 1 percentum (% percent) of this Delegation of Authority. sioner (Alcohol and Tobacco Tax) is au­ above the current ceiling applicable, at James R. F owler, thorized to allow or reject, in whole or the time the project covered by the in­ Deputy U.S. Coordinator. in part, claims for nonbeverage draw­ vestment is officially authorized, to hous­ back filed under the provisions of sec­ ing mortgages insured by the Depart­ January 19, 1968. tion 5134(b), I.R.C., and claims for ment of Housing and Urban Develop­ [F.R. Doc. 68-2596; Filed, Mar. 1, 1968; abatement, refund, allowance, remission, ment under the mutual mortgage and 8:46 a.m.] and credit of taxes imposed under chap­ home improvement loans program (24 ters 51 and 52,1.R.C. CFR Part 203). Prior to the execution 2. The authority delegated herein may of the contract of guaranty, the Admin­ DEPUTY DIRECTOR FOR GUARANTEES be redelegated only to Chiefs of Permis­ istrator may amend such rate at his dis­ AND ENGINEERING, HOUSING AND sive Branches and to Chiefs of Technical cretion, consistent with the provision of URBAN DEVELOPMENT DIVISION, Rulings and Services Sections. section 222(h) of the Act. OFFICE OF CAPITAL DEVELOP­ 3. This order supersedes Delegation Order No. 87, issued October 9, JJ962. W illiam S. G aud, MENT, BUREAU FOR LATIN Administrator. AMERICA Date of issuance: February 26, 1968. February 26, 1968. Redelegation of Authority Effective date: February 26, 1968. [F.R. Doc. 68-2595; Ftted, Mar. 1, 1968; [seal! Sheldon S. Cohen, 8:46 a.m.] Pursuant to the authority delegated to me by the Delegation of Authority from Commissioner. the Deputy U.S. Coordinator, Alliance [F.R. Doc. 68-2626; Filed, Mar. 1, 1968; d ir ecto r , h o u s in g a n d u r b a n for Progress, dated January 19, 1968, I 8:48 a.m.] DEVELOPMENT DIVISION, OFFICE hereby delegate to the Deputy Director OF CAPITAL DEVELOPMENT, BU­ for Guarantees and Engineering, Hous­ [Order 8, Rev. 2] ing and Urban Development Division, REAU FOR LATIN AMERICA Office of Capital Development, Bureau LIABILITY FOR PERSONAL HOLDING Delegation of Authority for Latin America, the following func­ COMPANY TAX tions: Pursuant to the authority delegated L Authority to take all appropriate ac­ Delegation of Authority To Sign by Delegation of Authority No. 39 from tion with respect to guarantees for loan Agreements the Administrator of A.IJD., dated April investments for housing projects in Latin 1. The authority granted to the Com­ 13, 1964 (29 F.R. 5355) as amended on America under section 224 of the Foreign February 2, 1966 (31 F.R. 2785) and the missioner of Internal Revenue and Dis­ Assistance Act of 196 L trict Directors by 26 CFR 301.7701-9 and delegation of authority, dated March 13, 2» The authority delegated herein may 1964, from the Assistant Secretary of 26 CFR 1.547-2 to enter into agreements not be redelegated. relating to liability for personal holding State for Inter-American Affairs and 3. References in this Delegation of Au­ y.S. Coordinator, Alliance for Progress, company tax, is hereby delegated to the thority to any Act shall be deemed to be following officials: to the Deputy UJ5. Coordinator for the references to such Act as amended from Alliance for Progress (29 F.R. 3677), I (a) Assistant Regional Commissioners time to time. (Appellate); hereby delegate the following functions: A. This Delegation of Authority shall 1. To the Director, Housing and Urban (b) Chiefs, Appellate Branch Offices; be deemed effective as of the date on (c) Associate Chiefs, Appellate Branch Development Division, Office of Capital which it is signed and includes ratifica­ Offices,; Development, Bureau for Latin America, tion of all acts taken prior hereto which (d) Assistant Chiefs, Appellate Branch authority to issue and to take all ap­ are consistent with the terms and scope Offices; propriate action with respect to guar­ of this Delegation of Authority. antees for loan investments for housing (e> Director of International Opera­ Projects in Latin America under section Stanley B aruch, tions; ¿24 of the Foreign Assistance Act of 1961. Director, Housing and Urban (f) Assistant District Directors; and Development Division, Office (g) Chiefs of District Audit Divisions. 2. The authority delegated herein to oî Capital Development. 2. The authority delegated to Assist­ nnUe guarantees may not be redelegated; ant Chiefs, Appellate Branch Offices, is an other authorities delegated herein January 26, 1968. limited to cases in which the net defi­ tv? redelegated but only to the Dep­ [F.R. Doc. 68-2597; Filed, Mar. 1, 1968; ciencies or the net overassessment deter­ uty Director for Guarantees, and En­ 8:46 a.m.] mined by the District Director or by the

No. 43- FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4112 NOTICES

Director of International Operations did 4. This order supersedes Delegation not exceed $50,000 and the determination Order No. 77 (Rev. 1) issued August 8, DEPARTMENT OF AGRICULTURE of the Appellate Division does not in­ 1967. Commodity Credit Corporation volve a net overassessment in excess of Date of issuance: February 28,1968. $50,000. NEEDY INDIAN LIVESTOCKMEN IN 3. This authority may be redelegated Effective date: February 28,1968. COLORADO AND NEW MEXICO only by District Directors and the Direc­ [ seal] S heldon S. C ohen, tor of International Operations, who may Commissioner. Notice of Declaration of Acute Distress Area for Donating Feed redelegate to the Chief of Review Staff [F.R. Doc. 68-2628; Filed, Mar. 1, 1968; (or to the Chief of Technical Branch 8:48 a.m.] Notice is hereby given that, pursuant where that position has been estab­ to the provisions of section 407 of the lished) ; Chief of Conference Staff; and Agricultural Act of 1949, as amended (7 to Revenue Agents (Reviewers or Con­ [Order 35, Rev. 3] U.S.C. 1427, 63 Stat. 1055), and Executive ferees) not lower than GS-11. Order 11336, the Secretary of Agricul­ 4. This order supersedes Delegation AGREEMENTS TREATED AS ture has declared the reservation and Order No. 8 (Rev. 1) issued August 8, DETERMINATIONS grazing lands designated for the use of 1967. the Indians specified in this notice, to be Delegation of Authority Date of issuance: February 28,1968. an acute distress area. The Secretary 1. Pursuant to the authority granted to has authorized the donation of feed Effective date: February 28, 1968. the Commissioner of Internal Revenue grains owned by the Commodity Credit [ seal] S heldon S. C ohen, and District Directors by 26 CFR Corporation to livestockmen who are de­ Commissioner. 301.7701-9 and 26 CFR 1.1313(a)-4, the termined by the Bureau of Indian Affairs, authority to enter into agreements pur­ Department of the Interior, to be needy [F.R. Doc. 68-2627; Filed, Mar. 1, 1968; members of the tribe in such acute dis­ 8:48 a.m.] suant to section 1313(a)(4), Internal Revenue Code of 1954, relating to agree­ tress area. The designated area is as ments treated as determinations, is here­ follows: Location of [Order 77, Rev. 2] by delegated to the following officials: reservation and Indian (a) Assistant Regional Commissioners grazing lands tribe ISSUANCE OF STATUTORY NOTICES (Appellate); 1. Colorado ______Southern Ute. OF DEFICIENCY (b) Chiefs, Appellate Branch Offices; 2. Colorado and New Mex- Ute Mountain. too. Delegation of Authority (c) Associate Chiefs, Appellate Branch Offices; Signed at Washington, D.C., on Febru­ 1. The authority granted to the Com­ (d) Assistant Chiefs, Appellate Branch- ary 27, 1968. missioner of Internal Revenue, Assistant Offices; R ay F itzgerald, Regional Commissioners (Appellate) and (e) Director of International> Opera­ Vice President of the District Directors by 26 CFR 301.7701-9, Commodity Credit Corporation. 26 CFR 301.6212-1, and 26 CFR 301.6861- tions; (f) Assistant District Directors; and [F.R. Doc. 68-2651; Filed, Mar. 1, 1968; 1 to sign, and send to the taxpayer by 8:50 a.m.] registered or certified mail any statu­ (g) Chiefs of District Audit Divisions. tory notice of deficiency is hereby dele­ 2. The authority delegated to Assistant LIVESTOCK FEED PROGRAM IN gated to the following officials: Chiefs, Appellate Branch offices, is (a) Chiefs, Appellate Branch Offices; limited to cases in which the net de­ ARIZONA AND UTAH (b) Associate Chiefs, Appellate Branch ficiencies or the net overassessment Notice of Designation of Emergency Offices; determined by the District Director or Areas (c) Assistant Chiefs, Appellate Branch by the Director of International Opera­ Notice is hereby given that, pursuant Offices; tions did not exceed $50,000 and the determination of the Appellate Division to the provisions of section 407 of the (d) Director of International Opera­ does not involve a net overassessment in Agricultural Act of 1949, as amended (7 tions; excess of $50,000. U.S.C. 1427, 63 Stat. 1055), and the Act (e) Assistant District Directors; and 3. This authority may be redelegated of September 21, 1959, as amended (sec­ (f ) Chiefs of District Audit Divisions. only by District Directors and the tions 1-4, 73 Stat. 574), the Secretary of 2. The authority delegated to Assistant Director of International Operations, Agriculture has designated the counties Chiefs, Appellate Branch offices, is lim­ who may redelegate to the Chief of Re­ listed below as emergency areas for pur­ ited to cases in which the net deficiencies view Staff (or to the Chief of Technical poses of the Livestock Feed Program (7 or the net overassessment determined by Branch where that position has been CFR Part 1425, as amended). Feed the District Director or by the Director established); Chief of Conference Staff; grains will be made available for sale to of International Operations did not ex­ to Revenue Agents (Reviewers or Con­ livestock owners in such counties in ac­ ceed $50,000 and the determination of ferees) not lower than GS-11 for field cordance with the terms and conditions the Appellate Division does not involve audit cases; and to Revenue Agents (Re^ in the regulations for such program. The a net overassessment in excess of $50,000. viewers or Conferees) and Tax Tech^ designated counties are as follows: 3. This authority may be redelegated nicians (Reviewers or Conferees) not Arizona only by District Directors and the Di­ lower than GS-9 for pffice audit cases. Gila. Mohave. rector of International Operations, who 4. This, order supersedes Delegation Graham. may redelegate to the Chief of Review Order No. 35 (Rev. 2) issued August 8, Utah Staff (or to the Chief of Technical 1967. Gar held. Kane. Branch where that position has been Date of issuance: February 28, 1968. established) ; Chief of Conference Staff; Signed at Washington, D.C. on Feb­ to Revenue Agents (Reviewers or Con­ Effective date: February 28, 1968. ruary 27,1968. ferees) not lower than GS-11 for field R ay F itzgerald, [ seal] S heldon S. C ohen, Vice President of the audit cases; and to Revenue Agents (Re­ Commissioner. viewers or Conferees) and Tax Tech­ Commodity Credit Corporation. nicians (Reviewers or Conferees) not [P.r . Doc, 68-2629; Filed, Mar. 1, 1968; [FB. Doc. 68-2652; Filed, Mar. 1, 1968> lower than GS-9 for office audit cases. 8:48 a.m.] 8:50 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4113

Consumer and Marketing Service HUMANELY SLAUGHTERED LIVESTOCK DEPARTMENT OF THE INTERIOR Bureau of Land Management Identification of Carcasses; Changes in Lists of Establishments [S 1280] Pursuant to section 4 of the Act of August 27, 1958 (7 U.S.C. 1904), and the statement of policy thereunder in 9 CFR 381.1, the list (33 F.R. 3146) of establish­ CALIFORNIA ments which are operated under Federal inspection pursuant to the Federal Meat Inspection Act (34 Stat. 1260, as amended by Public Law 90-201) and which use Proposed Modification of a National humane methods of slaughter and incidental handling of livestock is hereby Forest Boundary amended as indicated in the following table listing species at additional establish­ Correction ments and additional species at previously listed establishments that have been reported as being slaughtered and handled humanely. In F.R. Doc. 68-1810 appearing at page 2950 in the issue of Wednesday, February Name of Establishment Establishment No. Cattle Calves Sheep Goats Swine Horses 1£, 1968, the second sentence of the second paragraph should be corrected to Mid States Packers, Inc...... _ 476______r. (*) read as follows: “The proposed with­ Milwaukee Dressed Beef On...... 654 . (*> drawal segregates the lands from all ap­ De Luca Packing Co ...... 2054. (*) (*) (*) New establishments reported: 3 propriation under the public land laws, Superior’s Brand Moats, The. 31 (*) but not from mining or mineral leasing Hernando Packing On.,'Inn 355..- ___ __ T(*) ' under the mining and mineral leasing Meyer’s Packing On 363...... (*) S. Bonaccnrso & Sons 418...... (*) laws.” Pioneer Boneless Beef, The 461...... (*) Greendell Packing Onrp. 542______. H Armour & Co.______T. 579______(*) [7944] The William Hooke's Sons On 686. ______n « Mid State Meat Co______741 CT MONTANA Diamond Meat Co., Inc____ 783...... h Wells & Davies, Inc_ ...... 860 ...... (*) Notice of Proposed Classification of Swanton Packing Co.. _____ . 883. ______(*) Species added: 13 Public Lands February 23, 1968. Done at Washington, D.C., this 28th day ef^February 1968. Notice is hereby given of a proposal to R. K. S omers, Deputy Administrator, Consumer Protection. classify the lands described below for dis­ posal through exchange under section 8 [F.R. Doc. 68—2655; Hied, Mar. 1, 1968; 8:50 a.m.] of the Taylor Grazing Act (43 U.S.C. 315) for lands within the Cedar Grazing Asso­ Packers and Stockyards Come now the Respondents, who request ciation ranch located approximately 12 that the rate order in this proceeding be Administration vacated and the proceeding be dismissed in air miles south of Glendive, Mont. This [P. & S. Docket No. 311] accordance with § 203.11 of the Statements of publication is made pursuant to the Act General Policy under the Packers and Stock- of September 19, 1964 (43 U.S.C. 1412). MARKET AGENCIES AT KANSAS yards Act (9 CFR 203.11). All minerals now owned by the United CITY STOCKYARDS The basic rate order in this proceeding States on the lands will remain in Federal was issued May 18,1932. Respondents are now ownership. Notice of Petition to Vacate Order operating under an order issued March 25, The proposed exchange will be made and Dismiss Proceeding 1966 (25 A.D. 360) as modified by an order subject to existing rights of way and dated September 11, 1967 (26 A.D.). Such easements of record. Pursuant to the provisions of the orders to remain in effect unless modified Packers and Stockyards Act, 1921, as or extended by further order until April 30, This proposal has been discussed with amended (7 U.S.C. 181 et seq.), a basic 1968. District Advisory Board members, local order was issued in the case of “L. B Respondents do not believe the marketing governmental officials and other inter­ Andrews, doing business as L. B. Andrews structure in their trade territory, economic ested parties. Information derived from Livestock Commission Company, et aL conditions in the industry, or any other cir­ these discussions and other sources indi­ Market Agencies doing business at the cumstance requires continuing the formal cates these lands meet the criteria of 43 procedure for obtaining modification in the CFR Part 2410. Kansas City Stockyards, Kansas City, rates and charges assessed by Respondents. Mo.,” respondents (P. & S. Docket No, Information concerning the lands, It is requested, therefore, that this petition including the record of public discus­ 311), on May 18, 1932, prescribing the be granted. rates and charges to be assessed by the sions, is available for study at the respondents for the stockyard services Any interested person may file with Bureau of Land Management District rendered by them at the Kansas City the Hearing Clerk, U.S. Department of Office located west of Miles City, Mont. Stockyards, Kansas City, Mo. Such rates Agriculture, Washington, D.C. 20250, For a period of 60 days from the date and charges have been modified from within 15 days after the publication of of this publication, interested parties ™ne to time by subsequent orders issued this notice in the Federal R egister, may submit comments to the District ■ “ 1.e Proceeding. The latest such order written data, views, comments, or argu­ Manager of the Miles City District, Post issued on September 11, 1967, pre­ ments with respect to the petition filed by Ofliee Box 940, Miles City, Mont. 59301. scribing the rates and charges to be as­ respondents. The lands affected by this proposal are sessed by respondents to and including All written submissions made pursuant located in southern Dawson County and April 30, 1968, unless modified or ex­ to this notice will be made available for are described as follows: tended by further order before the latter public inspection at such times and places P rincipal M eridian, M ontana date. and in a manner convenient to the public T. 14 N., R. 55 E., On February 8, 1968 the respondents business (7 CFR 1.27(b)). Sec. 4, SEi/iSE^; Sec. 24, S% ; Qied a petition requesting that the rate Done at Washington, D.C. this 27th day Sec. 28, W^SW %; <*der in this proceeding be vacated and of February 1968. Sec. 33, lots 1, 2, 3, and 4, and E ^E 1^; be proceeding dismissed in conformity Sec. 35, all. D onald A. Campbell, T. 14 N., R. 56 E., §203.11 (9 CFR 203.11) of the Acting Administrator, Packers Sec. 18, lots 1, 2, 3, and 4, E%W%, and statements of general policy under the and Stockyards Administration. E y2;. ackers and Stockyards Act. The petition Sec. 30, lots 1, 2, 3, and 4, E%W%, and [FJR. Doc. 68-2656; Filed, Mar. 1, 1968; E Yai reads as follows; 8:50 a.m.] Sec. 32, NE14NE14.

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4114 NOTICES

T. 13 N., R. 57 E.( (Baron Long) Group of Capitan Grande proved. No instrument or apparatus of Sec. 18, SE^NWi/4; Indians which has jurisdiction over the equivalent scientific value to the foreign Sec. 20, NE14, Ei/2NW^, NE%SW^, and area of Indian country included in the article, for the purposes for which such NW^SE]4. ordinance to read as follows: article intended to be used, is being The areas described aggregate 3,088.16 A n Ordinance R elating to th e Application manufactured in the United States. acres. of the F ederal I ndian L iquor Laws o n the Reasons: The foreign article provides Eugene H. Newell, V iejas (B aron L ong) R eservation accelerating voltages of 40, 60, 80, and 100 kilovolts. The only known domestic Acting State Director. Whereas Public Law 277, 83d Congress, [F.R. Doc. 68-2588; Piled, Mar. 1, 1968; approved August 15, 1953: Provides, That electron microscope is the Model EMU-4 8:45 a.m.] sections 1154, 1156, 3113, 3488, and 3618 of manufactured by the Radio Corporation title 18, United States Code, commonly re­ of America (RCA), which provides only ferred to as the Federal Indian liquor laws, 50 and 100 kilovolt accelerating voltages. Office of the Secretary shall not apply to any act or transaction It has been experimentally established within any area of Indian country provided that the lower accelerating voltages per­ BARONA INDIAN RESERVATION, such act or transaction is in conformity with mit attaining optimum contrast in thin CALIF. both the laws of the State in which such act unstained biological specimens and that or transaction occurs and with an ordinance the voltages intermediate between 50 and Ordinance Legalizing the Introduction, duly adopted by the tribe having jurisdiction over such area of Indian country, certified by 100 kilovolts permit obtaining optimum Sale, or Possession of Intoxicants the Secretary of the Interior, and published contrast for negatively stained speci­ Pursuant to the Act of August, 15, 1953 in the F ederal R egister. mens. The applicant has stated that both (Public Law 277, 83d Congress, 1st ses­ Therefore, be it resolved that the introduc­ thin biological specimens and negatively sion) , I certify that the following tion, sale, or possession of intoxicating bev­ stained biological specimens will be in­ erages shall be lawful within the Indian vestigated. Therefore, the additional ac­ ordinance relating to the application of country under the jurisdiction of the Viejas the Federal Indian liquor laws on the (Baron Long) Group, Provided, That such celerating voltages provided by the for­ Barona Indian Reservation, Calif., was introduction, sale, or possession is in con­ eign article are pertinent to the purposes adopted on December 3, 1967, by a gen­ formity with the laws of California. for which such article is intended to be eral meeting of the Barona Group of Be it further resolved that any tribal used. For this reason, we find that the Capitan Grande Indians which has juris­ laws, resolutions, or ordinances heretofore RCA Model EMU-4 electron microscope diction over the area of Indian country enacted which prohibit the sale, introduction, is not of equivalent scientific value to or possession of intoxicating beverages are the foreign article for the purposes for included in the ordinance to read as hereby repealed. follows : which such article is intended to be used. Harry R . A nderson, The Department of Commerce knows An Ordinance R elating to th e Application of th e F ederal I ndian Liquor L aws on the Assistant Secretary of the Interior. of no other instrument or apparatus of equivalent scientific value to the foreign B arona R eservation February 27, 1968. article, for the purposes for . which such Whereas Public Law 277, 83d Congress, [F.R. Doc. 68-2587; Filed, Mar. 1, 1968; article is intended to be used, which is approved August 15, 1953 : Provides, That 8:45 a.m.] sections 1154, 1156, 3113, 3488, and 3618 of being manuf actured in the United States, title 18, United States Code, commonly re­ Charley M. D enton, ferred to as the Federal Indian liquor laws, Director,-Office of Scientific and shall not apply to any act or transaction within any area of Indian country provided DEPARTMENT OF COMMERCE Technical Equipment, Busi­ such act or transaction is in conformity with ness and Defense Services both the laws of the State in which such act Business and Defense Services A dministration. or transaction occurs and with an ordinance Administration [F.R. Doc. 68-2580; Filed, Mar. I, 1968; duly adopted by the tribe having jurisdiction 8:45 a.m.] over such area of Indian country, certified STATE UNIVERSITY OF NEW YORK by the Secretary of the Interior, and pub­ lished in the Federal R egister. Notice of Decision on Application for STATE UNIVERSITY OF NEW YORK Therefore, be it resolved that the introduc­ Duty-Free Entry of Scientific Article tion, sale, or possession of intoxicating bev­ ET AL. erages shall be lawful within the Indian The following is a decision on an appli­ country under the jurisdiction of the Barona cation for duty-free entry of a scientific Notice of Applications for Duty-Free Group: Provided, That such introduction, article pursuant to section 6 (c) of the Entry of Scientific Articles sale, or possession is in conformity with the Educational, Scientific, and Cultural Ma­ laws of California. The following are notices of the receipt Be it further resolved, that any tribal laws, terials Importation Act of 1966 (Public of applications for duty-free entry of resolutions, or ordinances heretofore enacted Law 89-651; 80 Stat. 897) and the regula­ scientific articles pursuant to section 6(c) which prohibit the sale, introduction, or pos­ tions issued thereunder (32 F.R. 2433 of the Educational, Scientific, and Cul­ session of intoxicating beverages are hereby etseq.). tural Materials Importation Act of 1966 repealed. A copy of the record pertaining to this (Public Law 89-651; 80 Stat. 897). In­ H arry R. A nderson, decision is available for public review terested persons may present their views Assistant Secretary of the Interior. during ordinary business hours of the with respect to the question of whether Department of Commerce, at the Office of F ebruary 27,1968. an instrument or apparatus of equiva­ Scientific and Technical Equipment, De­ lent scientific value for the purposes for [F.R. Doc. 68-2586; Filed, Mar. 1, 1968; partment of Commerce, Room 5123, 8:45 a.m.] which the article is intended to be used is Washington, D.C. 20230. being manufactured in the United States. Docket No. 68-00271-33-46040. Appli­ Such comments must be filed in triphcat cant: State University of New York, Up­ VIEJAS (BARON LONG) INDIAN with the Director, Office of Scientific ann state Medical Center, 766 Irving Avenue, Technical Equipment, Business and De­ RESERVATION, CALIF. Syracuse, N.Y. 13210. Article: Electron fense Services Administration, Washing­ Ordinance Legalizing the Introduction, microscope, Model Elmiskop IA, with re­ ton, D.C. 20230, within 20 calendar days circulation unit and spare parts kit. Sale, or Possession of Intoxicants after date on which this notice of app 1 Manufacturer: Siemens AG, West Ger­ cation is published in the Feder many. Intended use of article: The ar­ Pursuant to the Act of August 15,1953 R egister. (Public Law 277, 83d Congress, 1st ses­ ticle will be used in medical research to Regulations issued under cited Ac , sion) , I certify that the following ordi­ examine various negatively stained published in the February 4, 1967, issue specimens as well as to determine specific nance relating to the application of the of the F ederal R egister, prescribe me subcellular relationships as shown in the Federal Indian liquor laws on the Viejas requirements applicable to comments. (Baron Long) Indian Reservation, application. Comments: No comments Calif., was adopted on December 3, 1967, have been received with respect to this A copy of each application is on by a general meeting of the Viejas application. Decision: Application ap­ and may be examined during ordi

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4115

Commerce Department business hours facturer: Burkard Manufacturing Co., struments, Inc., The Netherlands. In­ at the Office of Scientific and Technical United Kingdom. Intended use of article: tended use of article : The article will be Equipment, Department of Commerce, The article will be used for the collection used for several diverse projects includ­ Room 5123, Washington, D.C. of fungal spores for academic research. ing the study of bacterial flagella syn­ A copy of each comment filed with the Application received by Commissioner of thesis, chromosomal proteins, cell ad­ Director of the Office of Scientific and Customs: February 13,1968. hesion substances, allomorphic forms of Technical Equipment must also be mailed Charley M. D enton, viral and plasmid DNA (deoxyribonucleic or dèlivered to the applicant, or its au­ Director, Office of Scientific and acid) and other projects requiring only thorized agent, if any, to whose applica­ Technical Equipment, Busi­ routine high performance of the instru­ tion the comment pertains; and the com­ ness and Defense Services ment. Application received by Commis­ ment filed with the Director must cer­ Administration. sioner of Customs: February 9, 1968. tify that such copy has been mailed or Docket No. 68-00378-33-46040. Ap­ delivered to the applicant. [F.R. Doc. 68-2581; Filed, Mar. 1, 1968; plicant: The University of Michigan, Docket No. 68-00385-33-46040. Appli­ 8:45 a.m.] Dental Research Institute, Laboratory cant: State University of New York, Re­ of Cell Biology, 543 Church Street, Ann search Foundation, Upstate Medical Cen­ UNIVERSITY OF HAWAII ET AL. Arbor, Mich. 48104. Article: Electron ter, College of Medicine, 766 Irving microscope, Model HS-8. Manufacturer: Avenue, Syracuse, N.Y. 13210. Article: Notice of Applications for Duty-Free Hitachi-Perkin Elmer, Japan. Intended Electron microscope, Model EM 300. Entry of Scientific Articles use of article : The article will be used in Manufacturer : Philips Electronic Instru­ research and, research training of ad­ ments, Inc., The Netherlands. Intended The following are notices of the receipt vanced graduate students, research as­ use of article: The article will be used of applications for duty-free entry of sociates and faculty members of the for the following studies : scientific articles pursuant to section 6(c) School of Dentistry and several basic of the Educational, Scientific and Cul­ science departments of the Medical 1. A study of the internal nucleoprotein tural Materials Importation Act of 1966 School of the University. Application of the virus. (Public Law 89-651; 80 Stat. 897). In­ 2. A réévaluation of the budding phenom­ received by Commissioner of Customs: enon in virus mulitiplication based on more terested persons may present their views February 12, 1968. recent findings related to membrane struc­ with respect to the question of whether Docket No. 68-00379-33-46040. Ap­ ture. an instrument or apparatus of equiv­ plicant: State University College at 3. A study of avian osteopetrosis virus. alent scientific value for the purposes Plattsburgh, Plattsburgh, N.Y. 12901. 4. A study of intracellular events in cells for which the article is intended to be Article: Electron microscope. Manu­ infected with avian tumor viruses. used is being manufactured in the United facturer: Siemens AG, West Germany. 5. Continuation of studies involving, con­ States. Such comments must be filed in genital transmission of avian tumor viruses. Intened use of article: The article will triplicate with the Director, Office of be used for research and student train­ Application received by Commissioner of Scientific and Technical Equipment, ing. In most cases, undergraduate use of Customs: February 16,1968. Business and Defense Services Adminis­ the electron microscope will be related Docket No. 68-00384-33-46040. Appli­ tration, Washington, D.C. 20230, within to independent study programs, honors cant: The Johns Hopkins University 20 calendar days after date on which projects, and senior research. The School of Medicine, 725 North Wolfe this notice of application is published in studies would include cell biology; ad­ Street, Baltimore, Md. 21205. Article: the Federal R egister. vanced genetics; laboratory techniques Electron microscope, Model EM6B. Man­ Regulations issued under cited Act, in biology; problems of spéciation, ufacturer: Associated Electrical Indus­ published in the February 4, 1967, issue taxonomy, and systematics; and bio­ tries, Ltd., United Kingdom. Intended of the F ederal R egister, prescribe the physics. Application received by Com­ use of article: The article will be used requirements applicable to comments. missioner of Customs: February 12,1968. for comparative anatomical studies of A copy of each application is on file, Docket No. 68-00380-01-77030. Ap­ anaerobic spirochetes to achieve fur­ and may be examined during ordinary plicant: Yale University, Bureau of Pur­ ther knowledge of their structure and Commerce Department business hours chases, 20 Ashmun Street, New Haven, better criteria for their classification; at the Office of Scientific and Technical Conn. 06520. Article: Nuclear magnetic pathogenesis of the treponematoses, Equipment, Department of Commerce, spectrometer. Manufacturer: Bruker with emphasis on the location and fate Room 5123, Washington, D.C. Scientific, Inc., West Germany. Intended ' of the invading parasites; studies of A copy of each comment filed with the use of article : The article will be used for erythrocyte membrane structure as af­ Director of the Office of Scientific- and the study of anomeric configuration of fected by antibody and the various com­ Technical Equipment must also be pyrimidine nucleosides dealing with ponents of the complement system; the mailed or delivered to the applicant, or chemical shifts of acetyl signals. Ap­ role of phagocytic cells in host defense its authorized agent, if any, to whose ap­ plication received by Commissioner of against microbial invasion; and genetic plication the comment pertains; and the Customs: February 13, 1968. studies requiring visualization of ultra- comment filed with the Director must Docket No. 68-00389-33-84500. Appli­ structural components of host cells and certify that such copy has been mailed or cant: University of North Carolina, ihorphologic changes of invading viruses. delivered to the applicant. School of Medicine, Chapel Hill, N.C. Application received by Commissioner Docket No. 68-00376-55-83500. Ap­ 27514. Article: Vacuum evaporator. Man­ of Customs: February 15, 1968. plicant: University of Hawaii, Hawaii ufacturer: Japan Electron Optics Labor­ Docket No. 68-00383-00-77050. Appli­ Institute of Geophysics, 2525 Correa atory Co., Ltd., Japan. Intended use of cant: University of Rochester, River Road, Honolulu, Hawaii 96822. Article: article: The article will be used to clean Campus Station, Rochester, N.Y. 14627. Sea Bottom Thermogradmeter. Manu­ permanent apertures for an electron Article: Microwave cavity for electron facturer: Sokkisha Co., Ltd., Japan. microscope and to do some shadow cast­ spin resonance spectrometer. Manufac­ Intended use of article: The article will ing and carbon coating of specimens for turer: Japan Electron Optics Laboratory be used for scientific research measure­ the electron microscope. Application re­ co Japan. Intended use of article: The ment of oceanic heat flow from small ceived by Commissioner of Customs : Feb­ article will be used for detection of or­ ships. Application received by Commis­ ruary 13,1968. ganic radicals. Application received by sioner of Customs: February 9, 1968. Charley M. D enton, 1968miSSi°ner Customs: February 14, Docket No. 68-00377-33-46040. Ap­ Director, Office of Scientific and plicant: University of California, San Technical Equipment, Busi­ Docket No. 68-00382-33-73610. Appli­ Diego, Department of Biology, Post Office ness and Defense Services cant; University of Houston, Depart- Box 109, La Jolla, Calif. 92037. Article: Administration. t ® “ °f Biology, Houston, Tex. 77004. Electron microscope and accessories. [F.R. Doc. 68-2582; Filed, Mar. 1, 1968; ■article; Volumetric spore trap. Manu­ Manufacturer: Philips Electronics In­ 8:45 am.]

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4116 NOTICES

phosphorodithioate) in or on raw agri­ UNION CARBIDE CORP. DEPARTMENT OF HEALTH, EDUCA­ cultural commodities as follows: Alfalfa at 40 parts per million; apples, peaches, Notice of Filing of Petition Regarding TION, AND WELFARE and pears at 10 parts per million; and Pesticides meat and fat of meat of cattle, goats,- Food and Drug Administration Pursuant to the provisions o' the Fed­ hogs, and sheep at 0.2 part per million. eral Food, Drug, and Cosmetic Act (sec. ELANCO PRODUCTS CO. The analytical methods proposed in 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a the petition for determining residues of (d)(1)), notice is given that a petition Notice, of Filing of Petition Regarding the insecticide are: (PP 8F0694) has been filed by the Union Pesticide Chemicals 1. A method based on a phosphorous Carbide Corp., New York, N.Y. 10017, pro­ determination as phosphomolybdate. ~ posing an exemption from the require­ Pursuant to the provisions of the 2. Anthranilic acid colorimetry that Federal Food, Drug, and Cosmetic Act ment of a tolerance for residues of the involves hydrolyzing the parent com­ insecticide butoxypolypropylene glycol in (sec. 408(d)(1), 68 Stat. 512; 21 U.S.C. pound and its oxygen analog, if present, 346a(d) (1)), notice is given that a peti­ or on meat and milk of livestock result­ in basic solution and converting the ing from application of the insecticide to tion (PP 8F0702) has been filed by Elanco phthalate formed to anthranilic acid by Products Co., a division of Eli Lilly & Co., livestock. In the event that an exemption Hofmann rearrangement, the determina­ from the requirement of a tolerance is Indianapolis, Ind. 46206, proposing the tive step being based on coupling with 3- establishment of a tolerance of 0.05 part not established, the petitioner proposes methyl-2-benzothiazolone to obtain a a tolerance of 0.2 part per million for per million for residues of the herbicide magenta-colored product. trifluralin in or on the raw agricultural residues of the insecticide in or on meat 3. Gas chromatographic procedures and milk. commodity cucurbits. for the parent compound and metabolites - The analytical method proposed in the The analytical method proposed in the that contain the phthalic moiety. petition for determining residues of the petition for determining residues of the 4. A method for the oxygen analog in­ insecticide involves extraction with iso­ herbicide is a gas chromatographic tech­ volving use of bee-head cholinesterase octane and acetonitrile, addition of phos­ nique. and indophenyl acetate as a chromo- phoric acid to yield propionaldehyde, and Dated: February 21, 1968. genic substrate. reaction of the propionaldehyde with ninhydrin to yield a blue colored com­ J. K . K irk, Dated: February 21, 1968. Associate Commissioner plex. The absorbance is measured spec- J. K. K irk, trophotometrically at 595 millimicrons. for Compliance. Associate Commissioner [PH. Doc. 68-2646; Filed, Mar. 1, 1968; for Compliance. Dated : February 21,1968. 8:49 a.m.] [F.R. Doc. 68-2648; Filed, Mar. 1, 1968; J. K. K irk, 8:49 a.m.] Associate Commissioner for Compliance. MONSANTO CO. THOMPSON-HAYWARD CHEMICAL [F.R. Doc. 68-2652; Filed, Mar. 1, 1968; Notice of Filing of Petition for Food 8:50 a.m.] CO. Additives Pursuant to the provisions of the Notice of Filing of Petition Regarding Federal Food, Drug, and Cosmetic Act Pesticide Chemicals ATOMIC ENERGY COMMISSION (sec. 409(b) (5), 72 Stat. 1786; 21 U.S.C. Pursuant to the provisions of the Fed­ 348(b) (5)) , notice-is given that a peti­ eral Food, Drug, and Cosmetic Act (sec. [Docket No. 50-285] tion (FAP 8A2261) has been filed by 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a OMAHA PUBLIC POWER DISTRICT Monsanto Co., 800 North Lindbergh (d)(1)), notice is given that a petition (FORT CALHOUN STATION* UNIT Boulevard, St. Louis, Mo. 63166, propos­ (PP 8F0700) has been filed by the ing an amendment to § 121.1137 Dioctyl Thompson-Hayward Chemical Co., Post NO. 1) sodium sulfosuccihate to provide for the Office Box 2383, Kansas City, Mo. 66110, Notice of Hearing on Application for safe use of dioctyl sodium sulfosuccinate proposing the establishment of a toler­ Provisional Construction Permit as a wetting agent in fumaric acid- ance of 0.05 part per million for residues acidulated gelatin desserts at a level not of the fungicide triphenyltin hydroxide Pursuant to the Atomic Energy Act of in excess of 15 parts per million of the in or on the raw agricultural commodity 1954, as amended (the Act), and the reg­ finished gelatin. peanuts. ulations in Title 10, Code of Federal Dated: February 21, 1968. The analytical method proposed in the Regulations, Part 50,. “Licensing of Pro­ petition for determining residues of the duction and Utilization Facilities”, ana J, K . K irk, fungicide is a thin-layer chromato­ Part 2, rules of practice, notice, is hereby Associate Commissioner graphic technique in which the peanuts given that a hearing will be held a for Compliance. are extracted with hexane and the pea­ 10 a.m., local time, on April 9 ,1968, mtne [F.R. Doc. 68-2647; Filed, Mar. 1, 1968; nut oil-hexane mixture is extracted with Washington County Courthouse, Blair, 8:49 a.m.] dimethyl sulfoxide to partition the tri­ Nebr. 68008, to consider the application phenyltin compounds. The dimethyl sulf­ filed under § 104b. of the Act by Omaha oxide extract is diluted with aqueous Public Power District (the applicant) ior STAUFFER CHEMICAL CO. ammonium sulfate and extracted with a provisional construction permit for pressurized water reactor designed Notice of Filing of Petition Regarding hexane. The hexane extract is put through an alumina column and eluted operate at 1,420 megawatts (thermal! Pesticide Chemicals with methylene chloride. The plate is de­ be located at the applicant’s site Pursuant to the provisions of the Fed­ veloped in acetone as the mobile solvent Washington County, Nebr., on the soutn- eral Food, Drug, and Cosmetic Act (sec. and pyrocatechol violet is used to make west bank of the Missouri River ah 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a the spots visible. 19 miles northwest of Omaha, Nebr. The hearing will be conducted by (d)(1)), notice is given that a petition Dated: February 21,1968. (PP 8F0699) has been filed by the Atomic Safety and Licensing Board des­ Stauffer Chemical Co., 1200 South 47th J. K . K irk, ignated by the Atomic Energy Comnus Street, Richmond, Calif. 94804, propos­ Associate Commissioner sion consisting of Dr. Clark Qpwi® . * ing the establishment of tolerances for for Compliance. Houston, Tex.; Mr. Hood Worthingto , residues of the insecticide N-(mercap- [F.R. Doc. 68-2649; Filed, Mar. 1, 1968; Wilmington, Del.; and Mr. Samuel - tomethyl) phthalimide S-(0,0-dimethyl 8:49 a.m.] Jensch, Esq., Chairman, Washington,

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4 1 1 7

D.C. Mr. Warren E. Nyer, Idaho Palls, - In the event that this proceeding be­ A member of the public does not have Idaho, has been designated as a tech­ comes a contested proceeding, the Board the right to participate unless he has nically qualified alternate. will consider and initially decide, as the been granted the right to intervene as a A prehearing conference will be held issues in this proceeding, Item Numbers party or the right of limited appearance. by the Board at 10 a.m„ local time, on 1 through 4 above as the basis for An answer to this notice, pursuant to March 26,1968, in the Washington Coun­ determining whether the provisional the provisions of § 2.705 of the Commis­ ty Courthouse, Blair, Nebr., to consider construction permit should be issued to sion’s rules of practice, must be filed by the matters provided for consideration the applicant. the applicant on or before March 22, by § 2.752 of 10 CFR Part 2 and section As they become available, the applica­ 1968. II of appendix A to 10 CFR Part 2. tion, the report of the Commission’s The Director of Regulation proposes to Papers required to be filed in this Advisory Committee on Reactor Safe­ proceeding may be filed by mail or tele­ make affirmative findings on Item Num­ guards (ACRS) and the Safety Evalua­ bers 1-3 and a negative finding on Item gram addressed to the Secretary, U.S. tion by the Commission’s regulatory Atomic IjSnergy Commission, Washington, 4 specified below as the basis for the is­ staff will be placed in the Commission’s suance of a provisional construction per­ D.C. 20545, or may be filed by delivery to Public Document Room, 1717 H Street the Office of the Secretary, U.S. Atomic mit to the applicant substantially in the NW., Washington, D.C., where they will form proposed in appendix A. Energy Commission, Germantown, Md., be available for inspection by members, or the Commission’s Public Document 1. Whether in accordance with the of the public. Copies of the ACRS report' provisions of 10 CFR § 50.35(a): Room, 1717 H Street NW., Washington, and the regulatory staff’s Safety Evalua­ D.C. 20545. (a) The applicant has described the tion may be obtained by request to the proposed design of the facility, including, Director of the Division of Reactor Pending further order of the Board, but not limited to, the principal archi­ Licensing, U.S. Atomic Energy Commis­ parties are required to file, pursuant to tectural and engineering criteria for the sion, Washington, D.C. 20545. the provisions of § 2.708 of the Com­ design, and has identified the major fea­ Any person who wishes to make an mission’s rules of practice, an original tures or components incorporated therein oral or written statement in this pro­ and twenty conformed copies of each for the protection of the health and ceeding setting forth his position on the such paper with the Commission. safety of the public; issues specified, but who does not wish Dated at Washington, D.C., this 27th (b) Such further technical or design to file a petition for leave to intervene, day of February 1968. information as may be required to com­ may request permission to make a limited plete the safety analysis and which can appearance pursuant to the provisions of U nited S tates A tomic reasonably be left for later considera­ § 2.715 of the Commission’s rules of prac­ E nergy C o m m issio n , tion will be supplied in the final safety tice. Limited appearances will be per­ W . B. M cCool, analysis report; mitted at the time of the hearing in the Secretary. (c) Safety features or components, if discretion of the Board, within such APPENDIX A any, which require research and develop­ limits and on such conditions as may be ment have been described by the appli­ Om ah a Public P ower D istrict (F ort Cal- fixed by the Board. Persons desiring to hitn tation n it o cant and the applicant has identified, S , U N . 1) make a limited appearance are requested [Docket No. 50-285] and there will be conducted, a research to inform the Secretary, U.S. Atomic and development program reasonably Energy Commission, Washington, D.C. P rovisional Construction Permit designed to resolve any safety questions 20545, by March 22,1968. , associated with such features or com­ Construction Permit No______ponents; and Any person whose interest may be 1. Pursuant to § 104b. of the Atomic (d) On the basis of the foregoing, affected by the proceeding who does not Energy Act of 1954, as amended (the A ct), there is reasonable assurance that (i) wish to make a limited appearance and and Title 10, Chapter 1, Code of Federal who wishes to participate as a party in Regulations, Part 50, “Licensing of Produc­ such safety questions will be satisfac­ tion and Utilization Facilities” , and pursuant torily resolved at or before the latest date the proceeding must file a petition for leave to intervene. to the order of the Atomic Safety and Licens­ stated in the application for completion ing Board, the Atomic Energy Commission of construction of the proposed facility, Petitions for leave to intervene, pur­ (the Commission) hereby Issues a provisional aJid (ii) taking into consideration the suant to the provisions of § 2.714 of the construction permit to Omaha Public Power •site criteria contained in 10 CFR Part Commission’s rules of practices, must be District (the applicant) for a utilization 100, the proposed facility can be con­ received in the Office of the Secretary, facility (the facility), designed to operate structed and operated at the proposed U.S. Atomic Energy Commission, Ger­ at 1,420 megawatts (thermal), described in location without undue risk to the health mantown, Md., or the Commission’s the application and amendments thereto Public Document Room, 1717 H Street filed in this matter by the applicant and as and safety of the public; more fully described in the evidence received 2. Whether the applicant is technically NW., Washington, D.C., not later than at the public hearing upon that application. Qualified to design and construct the March 22, 1968, or in the event of a post­ The facility, known as the Fort Calhoun Sta­ Proposed facility; ponement of the prehearing conference, tion, Unit No. 1, will be located at the appli­ 3. Whether the applicant is financially at such time as the Board may specify? cant’s site in Washington County, Nebr., on Qualified to design and construct the The petition shall set forth the interest the southwest bank of the Missouri River Proposed facility; and of the petitioner in the proceeding, how about 19 miles northwest of Omaha, Nebr. 2. This permit shall be deemed to con­ 4- Whether the issuance of a permit for that interest may be affected by Com­ tain and be subject to the conditions spe­ the construction of the facility will be mission action and the contentions of cified in §§ 50.34 and 50.55 of said regula­ ■uumical to th e com m on d efen se a n d the petitioner. A petition for leave to tions; is subject to all applicable provisions security or to the health and safety of intervene which is not timely filed will of the Act, and rules, regulations and orders the public. be denied unless the petitioner shows of the Commission now or hereafter in effect; In the event that this proceeding is good cause for failure to file it on time. and is subject to the conditions specified or incorporated below: s n con^ested proceeding, as defined by A person permitted to intervene be­ « of the Commission’s rules of prac­ A. The earliest date for the completion of 2.4 comes a party to the proceeding, and has the facility is July 1,1970, and the latest date tice, 10 CFR Part 2, the Board, will, with- all the rights of the applicant and the for completion of the facility is Decem­ ut conducting a de novo evaluation of regulatory staff to participate fully in ber 31, 1970. "J® application, consider' the issues of the conduct of the hearing. For example, B. The facility shall be constructed and . ^ther the application and the record he may examine and cross-examine wit­ located at the site as described in the ap­ the proceeding contain sufficient in- nesses. A person permitted to make a lim­ plication, as amended, in Washington Coun­ ^rmation, and the review by the Com- ited appearance does not become a party, ty, Nebr., on the southwest bank of the Mis­ 0„ r > n; s regulatory staff has been ade- souri River, about 19 miles northwest of but may state his position and raise Omaha, Nebr. tnhl6’ suPP°rt the findings proposed questions which he would like to have C. This construction permit authorizes tin« and the provisional construc- answered to the extent that the ques­ the applicant to construct the facility de­ n permit proposed to be issued by the tions are within the scope of the hearing scribed in the application and the hearing (-erector of Regulation. as specified in the issues set out above. record in accordance with the principal

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4 1 1 8 NOTICES architectural and engineering criteria set [Docket No. 19591] tute the acquisition of a substantial portion forth therein. of the assets of Pan American and, accord­ 3. This permit is provisional to the extent UNITED AIR LINES ingly, the Board should disclaim Jurisdiction that a license authorizing operation of the over the transaction. Alternatively, the car­ facility will not be issued by the Commis­ Notice of Proposed Approval rier requested an exemption from section 408 sion unless (a) the applicant submits to the or approval under the third proviso of section Commission, by amendment to the applica­ Application of United Air Lines, Inc, 408(b). tion, the complete final safety analysis re­ for a disclaimer of jurisdiction or ex­ United’s request for a disclaimer raises a port, portions of which may be submitted emption from the provisions of section threshold question of jurisdiction; however, and evaluated from time to time; (b) the 408 of the Federal Aviation Act of 1958, this question need not be resolved since we Commission finds that the final design pro­ as amended, or approval thereunder, have decided to approve the transaction vides reasonable assurance that the health with respect to the sale to United by under the third proviso of section 408(b). and safety of the public will not be en­ Pan American World Airways, Inc, of No objections or requests for a hearing dangered by the operation of the facility in have been filed. accordance with procedures approved by it five Douglas Model DC-8 aircraft, Dock­ in connection with the issuance of said et 19591. ~ Notice of intent to dispose of the applica­ license; and (c) the applicant submits proof Notice is hereby given, pursuant to the tion without a hearing has been published in the Federal R egister, and a copy of such of financial protection and the execution of statutory requirements of section 408 an indemnity agreement as required by § 170 notice has been furnished by the Board to (b) of the Federal Aviation Act of 1958, the Attorney General not later than the day of the Act. as amended, that the undersigned in­ following the date of such publication, both For the Atomic Energy Commission. tends to issue the attached order under in accordance with the requirements of sec­ delegated authority. Interested persons tion 408 (b) of the Act. are hereby afforded a period of 15 days Upon consideration of the instant trans­ ¡F.R. Doc. 63-2613; Filed, Mar. 1, 1968; action, it 1s found that the acquisition by 8:47 a.m.] from the date of service within which to file comments or request a hearing with United of five DC-8 aircraft, from Pan Amer­ ican together with spare engines and parts, respect to the action proposed in the does not result in creating a monopoly, does order. not restrain competition and does not affect CIVIL AERONAUTICS BOARD the control of an air carrier directly engaged Dated at Washington, D.C, Febru­ in the operation of aircraft in air transporta­ [Docket No. 19601] ary 27,1968. tion. Furthermore, no person disclosing a substantial interest in the proceeding is cur­ LINEAS AEREAS DE NICARAGUA, S.A. [ seal] A . M . A n drew s, Director, rently requesting a hearing, and it is found (LANICA) that the publie interest does not require a Bureau of Operating Rights, hearing. Notice of Prehearing Conference Issued under delegated authority: The transaction appears to be in the public Notice is hereby given that a prehear­ Application of United Air Lines, Inc. for a interest in that it will enhance United’s disclaimer of jurisdiction or exemption from ability to meet its service obligations. Pan ing conference in the above-entitled American plans the replacement of- each air­ matter is assigned to be held on March 8, the provisions of section 408 of the Federal craft with new B-707 equipment presently on Aviation Act of 1958, as amended, or ap­ order. Thus, disposal by Pan American of the 1868, at 11 a.m., e.s.t., in Room 211, Uni­ proval thereunder; Doeket 19591. versal Building, 1825 Connecticut Ave­ five DC-8 aircraft should not impair that nue NW., Washington, D.C., before O rder of Approval carrier’s capability to satisfy its certificate responsibilities. Examiner Hyman Goldberg. By application filed February 15, 1968, United Air Lines, Inc. (United), requests a Pursuant to authority duly delegated by Dated at Washington, D.C., Febru­ disclaimer of jurisdiction, or an exemption, the Board in the Board’s Regulations, 14 CFR ary 27,1968. pursuant to section 416(b), from the pro­ 385.13, it is found that the foregoing aircraft visions of section 408 of the Federal Aviation purchase agreement should be approved [ seal] T homas L. W renn, Act of 1958, as amended, (the Act), or ap­ under section 408(b) of the Act without a Chief Examiner. proval thereunder, with respect to the sale hearing. [F.R. Doc. s 68-2630; Filed, Mar. 1, 1968; to United by Pan American World Airways, Accordingly, it is ordered: 8:48 a.m.] Inc. (Pan American) or five (5) Douglas 1. That the acquisition by United from Model DC-8 aircraft, together with spare en­ Pan American of five DC-8 aircraft and spare gines and parts. parts and engines be and It hereby is NORTH CENTRAL AIRLINES, INC. The purchase price of each aircraft is approved; $3,750,000, subject to certain adjustments 2. That this action does not constitute a Notice of Application for Amendment based upon hours since overhaul of both the determination of the reasonableness of the of Certificate of Public Convenience airframes and engines installed on the air­ craft. In addition, the agreement provides transaction for rate-making purposes; and and Necessity for the purchase of DC-8 parts, including 3. That, except to the extent granted F ebruary 27, 1968. five (5) engines for $1,200,000. Delivery of herein, the application in Docket 19591 be the aircraft is scheduled to begin in Septem­ Notice is hereby given that the Civil and it hereby is denied. ber, 1968 and to end in November, 1968. Persons entitled to petition the Board for Aeronautics Board on February 27,1968, Upon execution of the agreement United will received an application, Docket 19637, make a total initial payment of $1,875,000 review of this order pursuant to the Board’s from North Central Airlines, Inc., for on the five aircraft. The balance due on Regulations, 14 CFR 385.50, may file such amendment of its certificate of public each aircraft will be paid by United upon petitions within 5 days after the date of convenience and necessity for Route 86 delivery of such aircraft. The ncost of the service of this order. to authorize it to engage in nonstop spare parts will be paid by United within This order shall be effective and become thirty (30) days after submission of in­ the action of the Civil Aeronautics Board service between the points Detroit, Mich., voices therefor. and Milwaukee, Wis., and Milwaukee, upon expiration of the above period unless Wis., and Minneapolis/St. Paid, Minn. United alleged that the aircraft in question within such period a petition for review represent 3.44 percent of Pan American’s Jet The applicant requests that its applica­ fleet, and that Pan American has ordered five thereof is filed, or the Board gives notice tion be processed under the expedited Boeing Model 707 aircraft as replacements for that it will review this order on its own procedures set forth in Subpart M of such aircraft. It is also stated that the sale motion. Part 302 (14 CFR Part 302). price of the aircraft, engines, and spare parts is approximately $19,950,000, and that this [ seal] H arold R. Sanderson, [ seal] H arold R . S anderson, amount represents approximately 1.57 peinent Secretary. Secretary. of Pan American’s total assets of $1,272,- [F.R. Doc. 68-2633; Filed, Mar. 1. *968» [F.R. Doe. 68-2631; Filed, Mar. 1, 1968; 080,000. Based on the foregoing, United con­ 8:48 a.m.] tended that the transaction does not consti­ 8:48 am .]

FEDERAL REGISTER. V O L 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4119

[Docket No. 18791] FINNLINES AND HAMBURG- such statement should also be forwarded Hearing AMERIKA LINIE to the party filing the agreement (as indicated hereinafter) and the comments Notice of Further Postponement of Notice of Agreement Filed for should indicate that this has been done. VIASA ENFORCEMENT CASE Approval Notice of agreement filed for approval by: Notice is hereby given, pursuant to the Notice is hereby given that the follow­ provisions of the Federal Aviation Act ing agreement has been filed with the Mr. D. J. Morris, Manager, Rates and Con­ Commission for approval pursuant to ferences, American President Lines, 601 of 1958, as amended, that hearing in the California Street, San. Francisco, Calif. above-entitled matter now assigned to section 15 of the Shipping Act, 1916, as 94108. be held on March 5, 1968, is hereby post­ amended (39 Stat. 733, 75 Stat. 763, 46 poned to April 1, 1968, 10 a.m„ e.s.t., U.S.C.814). Agreement No. 9437-1, between Ameri­ Room 911, Universal Building, 1825 Con­ Interested parties may inspect and ob­ can President Lines and Lykes Bros. necticut Avenue NW., Washington, D.C., tain a copy of the agreement at the Steamship Co., Inc. modifies the basic before the undersigned examiner. Washington office of the Federal Mari­ transshipment agreement between the time Commission, 1321 H Street NW., parties by adding the Philippine Islands Dated at Washington, D.C., Febru­ Room 609; or may inspect agreements at to the origin and destination points of ary 27, 1968. the offices of the District Managers, New the agreement and adds Hong Kong and [seal] E dward T. S todola, York, N.Y., New Orleans, La., and San Manila as points of transshipment. Hearing Examiner. Francisco, Calif. Comments with refer­ Dated: February 28, 1968. [F.R. Doc. 68-2632; Filed, Mar. 1, 1968; ence to an agreement including a request 8:48 am.) for hearing, if desired, may be submitted By order of the Federal Maritime Com- to the Secretary, Federal Maritime Com­ mission. mission, Washington, D.C. 20573, within T homas Lisi, 20 days after publication of this notice Secretary. in the F ederal R egister. A copy of any [F.R. Doc. 68-2622; Filed, Mar. 1, 1968; FEDERAL MARITIME COMMISSION such statement should also be forwarded 8:47 a.m.] FINNLINES AND NORDDEUTSCHER to the party filing the agreement (as in­ LLOYD dicated hereinafter) and the comments AMERICAN PRESIDENT LINES AND should indicate that this has been done. CHINA NAVIGATION CO.f LTD. Notice of Agreement Filed for Notice of agreement filed for approval Approval by: Notice of Agreement Filed for Mr. F. J. Barry, General Traffic Department, Approval Notice is hereby given that the follow­ United States Navigation Co., Inc., 17 Bat­ ing agreement has been filed with the tery Place, New York, N.Y. 10004. Notice is hereby given that the follow­ Commission for approval pursuant to ing agreement has been filed with the section 15 of the Shipping Act, 1916, as Agreement No. 9700, between Finnlines Commission for approval pursuant to amended (39 Stat. 733, 75 Stat. 763, 46 and Hamburg-Amerika Linie, which op­ section 15 of the Shipping Act, 1916, as U.S.C. 814). erate regular services in the trades be­ amended (39 Stat. 733, 75 Stat. 763, 46 Interested parties may inspect and ob­ tween U.S. ports and ports in the United U.S.C. 814). tain a copy of the agreement at the Kingdom and Europe, and elsewhere, Interested parties may inspect and Washington office of the Federal Mari­ provides for the interchange of cargo obtain a copy of the agreement at the time Commission, 1321 H Street NW., containers and/or related equipment in Washington office of the Federal Mari­ Room 609; or may inspect agreements at accordance with the terms and condi­ time Commission, 1321 H Street NW., the offices of the District Managers, New tions set forth therein. Room 609; or may inspect agreements at York, N.Y., New Orleans, La., and San Dated: February 28,1968. the offices of the District Managers, New Francisco, Calif. Comments with refer­ York, N.Y., New Orleans, La., and San By order of the Federal Maritime Com­ Francisco, Calif. Comments with refer­ ence to an agreement including a request mission. for hearing, if desired, may be submitted ence to an agreement including a request to the Secretary, Federal Maritime Com­ T homas Lis i, for hearing, if desired, may be submitted mission, Washington, D.C. 20573, with­ Secretary. to the Secretary, Federal Maritime Com­ in 20 days after publication of this no­ [F.R. Doc. 68-2621; Filed, Mar. 1, 1968; mission, Washington, D.C. 20573, with­ tice in the Federal R egister. A copy of 8:47 am.] in 20 days after publication of this notice any such statement should also be for­ in the Federal R egister. A copy of any warded to the party filing the agreement AMERICAN PRESIDENT LINES AND such statement should also be forwarded to the party filing the agreement (as (as indicated hereinafter) and the com­ LYKES BROTHERS STEAMSHIP CO., ments should indicate that this has been indicated hereinafter) and the comments done. INC. should indicate that this has been done. Notice of Agreement Filed for Notice of agreement filed for approval by: Approval Mr. D. J. Morris, Manager, Rates and Con­ F. J. Barry, General Traffic Department, Notice is hereby given that the follow­ United States Navigation Co., Inc., 17 Bat­ ferences, American President Lines, 601 tery Place, New York, N.Y. 10004. ing agreement has been filed with the California Street, San Francisco, Calif. Commission for approval pursuant to 94108. Agreement No. 9701, between Finnlines section 15 of the Shipping Act, 1916, as Agreement No. 9324-2, between Ameri­ and Norddeutscher Lloyd, which operate amended (39 Stat. 733, 75 Stat. 763, 46 can President Lines and China Naviga­ regular services in the trades between U.S.C.814). tion Co., Ltd., modifies the basic trans­ . 'r-S- Ports and ports in the United King­ Interested parties may inspect and shipment agreement between the parties dom and Europe, and elsewhere, provides obtain a copy of the agreement at the ior the interchange of cargo containers by changing the division of the through Washington office of the Federal Mari­ revenue to 7/15ths to the originating wrt+v 0r re^a^e^ equipment in accordance time Commission, 1321 H Street NW., carrier and 8/15ths to the delivering car­ with the terms and conditions set forth room 609; or may inspect agreements at therein. rier and by changing the minimum pro­ the offices of the District Managers, New portions to $21 and $24 respectively. Dated; February 28,1968. York, N.Y., New Orleans, La., and San Francisco, Calif. Comments with refer­ Dated: February 28, 1968. Ry order of the Federal Maritime Com­ mission. ‘ ence to an agreement including a request By order of the Federal Maritime Com­ for hearing, if desired, may be submitted mission. T homas Lisi, to the Secretary, Federal Maritime Com­ T homas Lisi, Secretary. mission, Washington, D.C. 20573, with­ Secretary. [p-R. Doc. 68-2618; Filed. Mar. 1, 1968; in 20 days after publication of this notice [F.R. Doc. 68-2623; Filed, Mar. 1, 1968; 8:47 a m .] in the F ederal R egister. A copy of any 8:47 ajn.] No. 43 FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4120 4120

FEDERAL COMMUNICATIONS COMMISSION Sched­ Expected date Call letters Location Power watts Antenna ule Class of commencement [Mexican Change List No. 243] of operation MEXICAN BROADCAST STATIONS 1340 kUocydes List of Changes, Proposed Changes, and Corrections In Assignments XERPA (new) 500,...... ND D IV 3-8-68 (Probable). F ebruary 16, 1968. 1360 kUocydes XEXR (In opera­ Cd. Valles, S.L.P„...... 1,000...... ND Ï) n i 11-30-61. Notifications under the provisions of Part HI, section 2 of the North American tion since 11-30- 67). Regional Broadcast Agreement. • ■ 1360 kUocydes List of changes, proposed changes, and corrections in Assignments of Mexican XEZH (correction 500...... ND D IV 4-39-66. Broadcast Stations modifying the appendix containing assignments of Mexican of an omission: In Broadcast Stations (Mineograph No. 4721-6) attached to the recommendations of operation Since 4- 29-66). the North American Regional Broadcasting Agreement Engineering Meeting, 1310 kUocydes January 30, 1941. XEGL (in operar 1.000D/600N,.,.. ND Ü in 3-8-68. tion with 1,000D/ 500N, ND, since Sched- Expected date 2-8- 68). Call letters Location Power watts Antenna ule Class of commencement 1390 kUocydes of operation XEIY (new),.-,,-. Rin Vnrrin, R.T..P 250...... ND h IV 2-16-69 (Prob- able). 1330 kUocydes 850 kilocycles XERJ (correction of 5,000D/500N...... ND u in 11- 6- 66. XEZG (assignment Zihuatanejo, Gro...... l,OOOD/lflON___ ND U DID/ an omission: In deleted). IIVN operation with 600 kilocycles 5.000D/500N since XERJ (PO: 1320 Mazatlan, Sin,___— —- 6,OOOD/1,OOON... DA-2 U m 8-16-68 11-6-68. Change to kc/s). (Probable). 600 kilooyoles). 610 kilocycles ISSO kUocydes XEEL (in operation Fresnillo, Zac______1.000D/150N...... ND u HID/ 3-10-68. XEUAS (new),.*,.. Culiacan, Sin.,,...... 6,OOOD/1,OOON ... DA-N u n i 2- 16-69 (Prob­ with 1.000D/160N IVN able). since 2-10-68). 1310 kUoeycles 7JO kilocycles XEJE (correction of Dolores Hidalgo, Gtö,., 600,...... ND D in 3- 11-66.

XEPQ (in operation Muzquiz, Coah------— l,000D/l00N.»,— ND u n 13-6-67. an omission: In NOTICES with 1,000D/100N, operation since ; ND, since 8- 11- 66). 12-6-67). 1410 kUocydes Francisco I. MadeTO, 1.000D/100N..... ND U HID / 2-16-69 (PrOb- 110 kilocycles XEYD (new)...... able). XEML (PO: 280 Apatzingan, Mich.,— ,- ND D n 11-10-68 Coah, IVN W, ND, D). (Probable). 1430 kUocydes 810 kilocyclis XEJV (correction of Jaltipan, Ver.. 1,000DI360N___ ND u IIID/ 7-16-68 (Prob­ XEHT (in Opera­ Huamantla, Tlax...... 500...... ND D n 3-10-68. an omission: In IVN able). tion on 810 kc/s operation with since 2-10-68). 600 W, ND, D, 860 kilocycles since 9-13-64- In­ XET7S (correction Hfirmosillo, Son______1,000...... , ND D

FEDIRAI REGISTER, VOL. 33, NO, 43— SATURDAY, MARCH 2, 1968 NOTICES 4121

semiannually to Frequency-Time Broad­ Sched­ Expected date Call letters Location Power watts Antenna ule Class of commencement cast Services, Radio Standards Labora­ of operation tory, National Bureau of Standards, Boulder, Colo. 80302. 1480 kilocycles (7) In the sebroadcasting of NBS time XETKR (operation Villa de Guadalupe, 1.000D/500N...... ND U m signals, announcements will not state definitive cm 1480 N.L. kc/s. Change in that they are standard frequency trans­ call letters, previ­ missions. NBS time is indicated, after ously XEJET. See 1190 kc/s). voice announcement, by an audible tone 1490 kilocycles which is 600 or 440 cycles per second. As XECH (this cancels Toluca, Mex...... sso...... ND U IV the notification to given by the NBS broadcasts, these tones increase to 500 W, are used for automatic setting of clocks D, included in or timing of musical instruments. Al­ List No. 211). 1490 kilocycles though it is possible to rebroadcast the XEYT (correction Teocelo, Ver...... 250D/100N____ ND u IV lt-U-67. frequency of such tones quite accurately, of an omission: In operation since some broadcast methods would give in­ 12-11-66). accurate reproduction. NBS provides 1510 kilocycles standard frequency radio services by Cortazar, Gto...... 250______ND D il 6-89-67. • of an omission: In means of the highly accurate carrier fre­ operation since quencies of its radio stations and the 6-29-67). ISSO kilocycles double sideband modulation of those XEHT (assignment Huamantla, Tlax_____ 250...... ND D n frequencies. deleted: See 810 kc/s). (8) Time signals or scales made up ISSO kilocycles from integration of standard frequency XERQ (previously Sn. Luis Rio Colorado, 250...... ND D n 1-16-69 (Prob- signals broadcast from NBS stations may notified as Son. able). XEST). not be designated as National standard ISSO kilocycles scales of time or attributed to the NBS XEVO (new)...... 250...... ND D n 1-16-69 (Prob­ able). as originator. For example, if a broad­ 1540 kilocycles casting station transmits time signals ob­ XEVF (in operation Villa Flores, Chis...... 500...... ND D h 5-88-67. since 5-22-67. tained from a studio clock which is peri­ Change in call odically calibrated against the NBS time letters, previously XEVE). signals from WWV or WWVH, such sig­ 1650 kilocycles nals may not be announced as NBS XEDV fnewl El Oro, Mex...... 260...... ND D il 10-16-68 (Prob­ standard time or as having been origi­ able). 1690 kilocycles nated by the NBS. Zacatepec, Mor...... 1,000...... DA-2 u in 1-16-69 (Prob­ able). Schedules of time signal broadcasts may 1600 kilocycles be obtained upon request from Standard XEZK (PO: 250 W. Tepatitlan, Jal...... /,0O0Z>/25ON___ ND U HID/ 8-19-68 (Prob- ND, U). IVN able). Frequency-Time Broadcast Services, Radio Standards Laboratory, National Bureau of Standards, Boulder, Colo. FCC Note: Mexican Change List No. 243 has not been received through official channels. 80302. (seal! F ederal Communications Commission, B en F. W aple, This supersedes all earlier notices con­ Secretary. cerning the retransmission of govem- [F.R. Doc. 68-2574; Filed, Mar. 1, 1968; 8:45 a.m.] mentally originated time signals. In no event will Commission-licensed broad­ casting stations credit the Department [FCC 68—207 J B. National Bureau of Standards Time of the Navy or the National Bureau of Signals. Broadcasting stations desiring to Standards as the source of time signals NAVAL OBSERVATORY AND NA­ rebroadcast the time signals from sta­ TIONAL BUREAU OF STANDARDS tions operated by the National Bureau of unless they are actual retransmissions of Standards (NBS) are hereby authorized signals originated by those agencies. De­ Rebroadcast of Time Signals to do so, without further permission by tailed information on the respective serv­ February 27,1968. the Commission, subject to the following ices of the Navy and the National Bureau conditions: A. Naval Observatory Time Signals. of Standards outlined herein may be ob­ (1) Time signals for rebroadcast must tained from the above addresses. Broadcasting stations desiring to re­ be obtained by direct raidio reception broadcast Naval Observatory Time Sig­ from an NBS station. Adopted: February 21,1968. nals are hereby authorized to do so, (2) Use of receiving and rebroadcast­ F ederal Communications without further permission by the Com­ ing equipment must not delay the signals mission, subject to the following condi­ Commission, tions: by more than 0.05 seconds. [seal] B en F. W aple, (3) Signals must be rebroadcast live, Secretary. (1> The time signal rebroadcast must not from tape or other recording. be obtained by direct radio reception (4) Voice or code announcements of [FR. Doc. 68-2638; Filed, Mar. 1, 1968; from a Naval radio station. the call letters of NBS stations are not to 8:49 ajn.] (2) Announcement of the time signal be rebroadcast. must be made without reference to any (5) Identification of the origin of the [Docket No. 15094; FCC 68R-63] commercial activity. service and the source of the signals must be made by an announcement sub­ AMERICAN TELEPHONE AND TELE­ (3) Identification of the Naval Ob­ GRAPH CO. AND WESTERN UNION servatory as the source of the time signal stantially as follows: “Next tone begins ®ust be made by an announcement, sub­ at 11 hours 25 minutes Greenwich Mean TELEGRAPH CO. Time. This is a rebroadcast of a continu­ stantially as follows: “With the signal, Memorandum Opinion and Order the time will b e ----- , courtesy of the U.S. ous service furnished by the National Bu­ Naval Observatory.” reau of Standards, Radio Standards Lab­ Enlarging and Modifying Issues oratory, Boulder, Colo.” No commercial In the matter of American Telephone Schedules of time signal broadcasts may sponsorship of this announcement is per­ q obtained upon request from the mitted and none may be implied. and Telegraph Co. and the Western Un­ superintendent, U.S. Naval Observatory, (6) Notice of use of NBS time signals ion Telegraph Co., Docket No. 15094; Washington, D.C. 20390. for rebroadcast should be forwarded charges and classifications for private

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4122 NOTICES line telegraph and private line telephoto­ the showing therein3 was actually ad­ A(2) The -extent to which the currently graph services furnished to the press. dressed to the question of whether there effective charges, regulations, practices, and should be established (pursuant to sec­ classifications for any private line services 1. This proceeding, was instituted by used by the preès, including any revisions the Commission following its rate au­ tion 201(b) of the Act) a preferential thereof now filed or proposed, or hereafter thorizations in the Private Line Rate rate classification for press users of pri­ filed, made effective or proposed by AT&T cases, Docket 11645, 34 FCC 217 and 34 vate line services; that such question was or Western Union during the pendency of FCC 1094 (1963). By order, FCC 63-492, the subject of the instant proceeding;- this proceeding, tend to or would diminish, released May 31, 1963, the Commission and that since the hearing record in this limit, or impair the widespread dissemina­ stated that since it was unable to deter­ case did not contain evidence concern­ tion of news; mine in the Private Line proceeding ing material facts and circumstances de­ and (3) revision of Issue C by the in­ whether the rates authorized and pre­ veloped since the closing of the record sertion of the phrase “ or other private scribed therein would impair the wide­ on December 11, 1963,3 it would reopen line services”, so that it would read as spread dissemination of news if applied the record in this case. Accordingly, by follows : to the press,1 a further investigation (the memorandum opinion and order, FCC 67-1295,10 FCC 2d 677, the record in this C. Whether the Commission should pre­ subject proceeding) was warranted con­ scribe or authorize a specific classification cerning that matter. The investigation, proceeding was reopened and three new for press users of private line telegraph and however, was ^limited” to the following issues were specified (see Issues A, B, and telephotograph services, or other private line three issues: C, footnote 6, infra). Presently before services, with different charges and regula­ 1. The extent to which the rates for the Review Board are (1) a motion to tions for such class of users and communi­ private line telegraph and private line enlarge and clarify the issues, filed De­ cations, and, if so, what charges and regula­ telephotograph services prescribed in our cember 20,1967, by The Associated Press tions should be prescribed or authorized for (AP) ; and (2) a motion to change issues, such classification of users and communica­ decision in Docket Nos. 11645 and 11646 tions. for users other than press users would, if filed December 20, 1967, by United Press applied to press users, impair the wide­ International, Inc. (UPI) .4 Both petitions 3. In support of these requests, the pe­ spread dissemination of news; seek the same relief and they will there­ titioners contend that a comparison of 2. Whether, in the light of the evi­ fore be considered together.5 the issues originally designated in this dence adduced on the foregoing issue, 2. Petitioners specifically request theproceeding with the present issues re­ the rates presently applicable to press following modifications of the existing veals a Commission intention to broaden users of the above-mentioned services issues:6 (1) redesignation of Issue A to the scope of inquiry in this proceeding. are just and reasonable within the mean­ Issue A (l) ; (2) specification of a new AP and UPI maintain that the earlier ing of section 201(b) of the Communica­ Issue A(2) to read as follows: issues related solely to the question of possible adverse impact on press users tions Act of 1934, as amended, or whether 2 The press parties asserted (aside from the they are unjustly discriminatory or un­ of the specific new rate levels then pre­ alleged benefits of an expedited proceeding) scribed or authorized for private line duly preferential or advantageous within that, upon briefs and oral argument, they the meaning of section 202(a) of such would show how press sharing in Telpak C telegraph and telephotograph services; Act; and D would minimize the “drastic curtail­ whereas the present issues -are designed (although not broadly enough, they con­ 3. Whether in the light of our de­ ment of news dissemination” resulting from the withdrawal of Telpak A and B, and also tend) to determine the overall question terminations of issues 1 and 2 the Com­ that it would be inequitable “ to permit a of whether there should be a preferential mission should prescribe ' minimum or withdrawal of news dissemination channels rate classification for press users of pri­ maximum or minimum and maximum from the press” while the Telpak sharing vate line services. UPI urges that the rates to be applied to press users of the question is still pending. Commission’s language in the Telpak above-mentioned services and, if so, what 2 Specifically, the Commission stated, in case, supra, where the Commission de­ rates should be prescribed; the revised designation order, infra, that “ * * * effective Aug. 1, 1967, AT&T and clared its intention to reopen the record On December 11, 1963, after hearing, the Western Union, among other revisions, made herein, confirms such a conclusion. reeord in this proceeding was closed, and substantial changes in the private line tele­ There, it notes, the Commission stated: on March 31, 1965, a recommended de­ graph and private line telephotograph rates It would appear to us that the aforemen­ cision was submitted by the Common applicable to nonpress users, leaving in effect tioned showing made by petitioners [see Carrier Bureau concluding that no im­ the generally lower rates for press users of footnote 1, supra] rather than justifying pairment in the dissemination of the such services. Thus, the factual situation has continuation of the unlawful Telpak A and changed substantially since this proceeding B rates, is more appropriately addressed to news would result from Imposing on the was instituted and since the last action was press the higher rates authorized in the the question of whether there should be taken herein.” established, pursuant to section 2 0 1 (b) of Private Line case. On June 2, 1967, cer­ 4 The following pleadings are also before the Act, a preferential rate classification for tain press parties filed a “Petition for the Review Board: (a) Joint statement in press users of private line services. Such a Expedited Hearing and Modification of support of motions, filed Dec. 20, 1967, by question is the subject of a separate, pending Hearing Order” (in the Telpak Sharing American Newspaper Publishers, Inc., proceeding in Docket No. 15094 now await­ proceeding, Docket No. 17457) requesting Chicago Tribune-New York Syndicate, Inc., ing final decision * * *. The hearing record that the Commission en banc, and with­ and Twin Coast Newspapers; (b) opposition in that case was closed on December 11, 1963, out hearing, consider the question of to motions, filed Jan. 12, 1968, by the Bell and does not, of course, include evidence System; (c) opposition to motions, filed Jan. concerning material facts and circumstances whether exclusion, of the press from the 12, 1968, by Western Union; (d) response to that have developed since the closing of that sharing provisions of Telpak C and D is the motions, filed Jan. 12, 1968, by the Com­ invalid on the face of the tariff or, in the mon Carrier Bureau; and (e) reply to op­ alternative, to extend termination of position, filed Jan. 24, 1968, by Associated if applied to press users, diminish, limit, or Telpak A and B services for press use Press. impair the widespread dissemination of news; until the conclusion of the entire Telpak 6 AT&T, in a footnote to its opposition, con­ (b) whether the currently effective charges, case. By memorandum opinion and order, tends that since this is “exclusively a rule regulations, classifications, or practices making proceeding” , motions to change the specially applicable to press users of private FCC 67-893, 9 FCC 2d 147, the Commis­ issues should be acted upon by the Commis­ line telegraph and private line telephoto­ sion denied the petition but stated that sion. However, the Board is of the opinion graph services are unjust or unreasonable that this proceeding involves rule making within the meaning of section 2 0 1(b) of and adjudication, and as such, the Review the act or unduly discriminatory or preferen­ 1 Pursuant to the Private Line cases, Amer­Board has authority to act on, inter alia, tial within the meaning of section 202(a) of ican Telephone and Telegraph Co. (AT&T) petitions to enlarge or modify issues. Sections the act; (c) whether the Commission should and Western Union Telegraph Co. (Western 0.365 and 1.292 of the Commission’s rules. prescribe or authorize a specific classifica­ Union) placed certain rates into effect for • The issues presently specified read as tion for press users of private line telegrap nonpress users. However, press users con­ follows: “ (a) The extent to which the and telephotograph services with differen tinued to pay the lower rates in effect prior charges, regulations, practices, and classi­ charges and regulations for such class o_ fications currently applicable to nonpress users and communications, and, if so, wna to that time for telegraphic and telephoto- users of the private line telegraph and private charges and regulations should be prescribe graphic lines pending the outcome of this line telephotograph services offered by AT&T o r authorized for such calssifleation of use proceeding. and Western Union to nonpress users would, and communications.’*

FEDERAL REGISTER, V O L 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4123 record. Therefore, the Commission will take 5. The Common Carrier Bureau sup­Joi this proceeding. They suggest that action in due course to reopen the record ports the petitioner’s request for en­ such alleged preference be removed until in that case for the purposes of enabling the petitioners to ‘make the aforementioned largement and revision but suggests a this proceeding is concluded. showing on an evidentiary hearing record change in the exact wording and scope 6. An examination of the Commis­ and of bringing the prior hearing record up of requested Issue A (2). The Bureau sion’s recent designation order reveals to date. recommends that that issue include only no indication that the Commission at­ the question of charges, regulations,- tempted to restrict or “limit” the issues 4. Petitioners urge that the issues aspractices, or classifications now in ef­ presently designated may foreclose the in this proceeding;8 and it is clear that fect or revisions thereof now filed with no specific preclusion of the instant en­ consideration of at least two important the Commission, and not those proposed matters necessary to the complete, com­ largement sought by petitioners was or hereafter filed. Any questions aris­ enunciated. Moreover, the Commission prehensive, and logical conclusion of this ing out of proposed revisions filed in the proceeding. First, they contend, there is did not specifically consider the rates, future, it asserts, can be considered at classifications, and regulations of the a possibility that no showing could be the appropriate time. In opposition to made emphasizing the importance of “other private line services”. Under these the petitions, both AT&T and Western circumstances, the policy set forth in currently effective rates, classifications, Union contend that the questions raised and practices on the growing press use Atlantic Broadcasting Co. (WUST), FCC therein were before the Commission 66-1053, 8 RR 991, is applicable: of various types of private line services when it designated the present issues, other than telegraph and telephotograph and that had it wanted the wider issues * * * subordinate officials should look to services; and second, an examination of see whether specific reasons are stated for requested by the petitioners, it would our action or inaction in a designation order, the importance of press users of newly have so designated them. Such an in­ proposed or recently effected rate rather than merely considering whether the tention, they argue, cannot be read into petitioner relies on new facts or whether changes in other grades of private line the Commission’s order. AT&T contends we were aware of the general matter upon service also may be precluded. Petitioners that this proceeding, in its present which he relies * * *. [WJhere the designa­ allege that the utilization or nonutiliza­ posture, was reopened only because of tion order contains no reasoned analysis tion of the other private line services with respect to the merits of that particular (where rate increases have or will be a particular change in circumstance, i.e., matter, the subordinate official should make made) is inextricably related to the ex­ that effective August 1,1967, the carriers such an analysis and rule on the merits of pansion or contraction of further use of made substantial changes in private line the petition so that the hearing may be telegraph and telephotograph rates so conducted in an orderly and expeditious private line telegraph and telephoto­ manner. graph services. All factors, petitioners that a higher rate would apply to the maintain, affect the widespread dissemi­ press than to which their prior evidence Therefore, the Review Board will con­ nation of news. Moreover, they argue, the was addressed. “Nothing in these devel­ sider petitioners’ pleadings on their press use of private line service has opments indicates that, at this late date, merits. See §§ 0.361, 0.365(b)(1), and changed markedly in the past several after a substantial record has been com­ 1.229 of the Commission rules. years, i.e. the reliance of the press on the piled, the scope of the case should be radically altered * * *.” AT&T argues 7. Petitioners’ undisputed allegations telegraph and telephotograph services show that new private line services have has diminished.7 Thus, petitioners con­ that, in addition to the above, the memorandum opinion and order reopen­ become available and have been exten­ tend, it simply is not realistic to consider sively utilized by them within the past the telegraph and telephotograph lines ing this proceeding (supra) indicates that the Commission merely wanted the several years; that such services were alone in regard to a broad inquiry into a not in wide use when this proceeding “special press classification.” Petitioners record brought up to date, and not broadened. Both carriers contend, more­ was instituted; and that the use of pri­ thus conclude that, “ this proceeding vate line telegraph and telephotograph should permit presentation of evidence over, that the increased utilization of other types of private line services by services varies with the utilization of of the total impact of all rate increases other private line services. This relation­ on the widespread dissemination of the press does not warrant the enlarge­ ment of the issues. Western Union argues ship, it is asserted, should be investigated news, and consideration of all categories in this proceeding in order that the Com­ of private line services and their interre­ that the rates of “other" private line services have not been increased since mission can draw an enlightened con­ lationship in rates and tariff structure. clusion on the main question herein—a These interrelationships are real and im­ the mid-1950’s, that the use of these other services have become more eco­ special press rate classification. Further, mediate * * *. Restriction of this pro­ petitioners allege that certain uses ceeding to consideration of telegraph nomical as a result of the users’ ability to subdivide the channels, and that which can be made of private line tele­ and telephotograph grade services only graph and telephotograph services (see would be a piecemeal and inadequate there is therefore no valid reason for expanding the inquiry to encompass e.g., paragraph 4, supra) are similar to approach to the press classification is­ “other” private line services, and that sues, whereas a full inquiry encompass- these other services. This, it is alleged, the same costing and other data prin­ mg all grades of private line services demonstrates the carrier’s responsive­ ciples apply to many private line services. heeded in the press market would clearly ness to the needs of the press. “Having In view of these allegations and facts, he in the public interest.” AP also alleges these considerations in mind, it be­ the Review Board finds that considera­ that since telephotograph grade private comes apparent that the Commission tion of other private line services is line services are essentially similar to correctly understood what rates for warranted in this investigation to enable voice grade circuits (and alternate voice what particular services could possibly the Commission to make a more en­ j^e is permitted thereon), and since cost­ affect the widespread dissemination of lightened and complete determination of ing and data principles embrace both news.” Finally, the carriers assert that it the important questions involved.® For would be inequitable for the press to get voice grade and telephotograph, any con­ a further delay and a consequent pro­ sideration of changes in one grade of 8 The Commission specifically “limited” longation of preferential rates as a result the investigation to the three originally service without opportunity to examine designated issues in its first designation he probable effects on the other would miles of such/circuits are used. UPI also order. However, when it reopened the record he “unrealistic and unrewarding”. leases 485 miles of Telpak C. AP alleges the and redesignated new issues in this proceed­ following in regard to its position: it pres­ ing, no such specific limitation was included. ently has 12,808 channel miles of data speed 8 Assuming the accuracy of the contention Sieges the following In regard to its service. Of this, 6,243 circuits are in Telpak that the rates for other services were not jn tlori: it is now in the process of convert- C; 6,565 are leases separately. 351 channel raised in the Private Line case, or thereafter, sranif+Ch of lts news networks from tele- miles are leased in conditioned schedule 2 . the fact would not warrant a denial of the tmn i voice grade channels used for data This is telephotograph grade service; how­ subject petition since the impact of those finui^mlsSions’ subdividing them with its own ever it is not used for telephotograph trans­ rates on the dissemination of news (as well 5n In the near future it wiU have mission but for alternate data-voice. AP also as their relationship to the rates for tele­ ciai 1111168 of such circuits; now, its finan- leases three 15 kc bandwidth services in graph and telephotograph services insofar as alone use 2,400 miles. At the major cities. 13,453 channel miles of private the effect on the dissemination of news is telom? 1 ™e oriSUial hearing, some full period line and foreign exchange telephone (now in concerned) has not been previously deter­ pnone circuits were used; now, 18,000 Telpak C) are also in use. mined.

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4124 NOTICES if there is justification for authorizing 1. The Commission has before it for and 6 (NBC), Davenport, all local a specific classification with different consideration the above-captioned peti­ signals; and the following distant charges and regulations for press users, tions which request waiver of the hearing signals: Channel 18 (CP-Independent), it would appear logical that this classi­ requirements of § 74.1107 of the rules to Davenport; Channels 9 (Independent), fication should encompass all of the permit the importation of distant tele­ *11 (Educational), 26 (Independent), private line services utilized in substan­ vision signals into three communities in and 32 (Independent), all Chicago sta­ tial measures by the press. In view of the the Quad City television market. tions; Channel 11 (Independent), St. important public interest factors mili­ 2. These CATV systems would operate Louis; and Channel 4 (Independent), tating against piecemeal, inefficient, and in the Quad City television market, cur­ Indianapolis.2 Petitioner alleges that car­ incomplete approaches to important rently ranked 62d on the basis of a total riage of these distant signals will give questions we do not agree that the en­ net weekly circulation of 301,300. Chan­ the residents of Monmouth greater largement will unduly prolong this nel assignments in the market and their variety of television programing adding proceeding. However, we .agree with the status are: 8 (ABC), and *24 (Idle), Mo­ to the choices in Monmouth the kind of Common Carrier Bureau that, at this line, HI.; 4 (CBS), Rock Island, HI.; 6 television that is not now available in time, it is not necessary to consider any (NBC), 18 (CP-proposing independent the community; Channel 63 in Galesburg charges, classifications, or regulations programing), 30 (Idle), and 36 (Idle), will not be utilized in the foreseeable other than those presently in effect (or Davenport, Iowa; and 63 (Idle), Gales­ future since that community currently revisions thereof on file). Such new burg, HI. receives service from the three Quad City charges, classifications, and regulations 3. Clinton TV Cable Co., Inc., plans to and from the three Peoria network sta­ may be considered when and if made. operate its system at Clinton, Iowa tions; the only UHF service in the area (33, 589), Clinton County (55,060), about which may realistically be considered is 8. Accordingly, it is ordered, That the the recently authorized Channel 18 petitions to enlarge and modify issues, 25 miles northeast of the Quad Cities. The system proposes to carry Channels 8 operation in Davenport, and without the filed by Associated Press and United proposed CATV service the signals of that Press International, are granted to the (ABC), Moline; 4 (CBS), Rock Island, and 6 (NBC), Davenport, all local station would not be receivable since extent indicated below, and denied in all Monmouth lies approximately 15 miles other respects; and signals; and the distant signals of Chan­ nel 18 (CP-Independent), Davenport; outside its predicted Grade B contour. 9. it is further ordered, That the Issue The permittee of Channel 18, Davenport, A be redesignated Issue A (l); and Channels 9 (Independent), 11 (Educa­ tional) , 26 (Independent), and 32 (In­ Iowa, and the licensee of Channel 8, 10. It is further ordered, That the dependent), all Chicago stations; Chan­ Moline, 111., have filed oppositions to the issues in this proceeding are enlarged by nel-11 (Independent), St. Louis; and amended waiver petition, claiming that the addition of the following issue : Channel 4 (Independent), Indianapolis. importation of distant nonmarket in­ dependent signals will have an injurious A (2). The extent to which the currently In support of its request”petitioner claims effective charges, regulations, practices, that Clinton is not in any urbanized or effect on independent UHF development and classifications for any private line serv­ metropolitan area,, and is geographi­ in the area; the network affiliated sta­ ice used by the press, including any revisions cally separated from any large centers of tions in the Quad Cities produce large thereof filed by AT&T or Western Union, tend ^population; the proposed UHF station at amounts of nonnetwork material and to, or would diminish, limit or impair the thus there is no need to import the widespread dissemination of news. Davenport has not looked to Clinton for support; the installation of the CATV signals of independent nonmarket sta­ 11. It is further ordered, That Issue C system will extend the coverage of the tions; operating stations will not be fully protected by the program exclusivity is modified as follows: new Davenport UHF station; the system will serve less than 2 percent of the mar­ provisions of § 74.1103 since a large per­ C. Whether the Commission should pre­ ket’s viewers; the television industry in centage of the programing of the sta­ scribe or authorize a specific classification for tions in this market is nonnetwork. press users of private line telegraph and this area is healthy; and the system will provide Clinton subscribers a variety of Television Chicago, a joint venture, telephotograph services or other private line licensee of Channel 32, Chicago, HI. has services, with different charges and regula­ programing not now available to them. tions for such class of users and communica­ The licensees of the Quad City network filed a letter in which it states it has not tions, and, if so, what charges and regulations affiliated stations have filed oppositions consented to carriage of its signal; and should be prescribed or authorized for such to the proposed system contending th^t that its interest in programing for in­ classification of users and communications. Clinton TV’s request is based on an un­ dependent UHF stations (i.e., in selling its own programs to other stations) may Adopted: February 20, 1968. supported conclusion that television viewers in Clinton desire the nonnetwork be affected. Released: February 27, 1968, programs of independent stations; im­ 5. Kewanee Perfect Picture T.V., Inc., portation of signals from big cities into • Federal Communications seeks to commence operation in Kewanee the primary service area of market sta­ (16,324), Henry County (49,317), located Commission, tions presents a question which must be [seal] Ben F. Waple, thoroughly explored in an evidentiary approximately 35 miles sbutheast of the Secretary. hearing; and the request for a waiver [F.R. Doc. 68-2640; Filed, Mar. 1, 1968; falls far short of establishing any ex­ 2 Northwest Illinois originally requested 8:49 a.m.] traordinary fact which would justify permission to transmit besides the local sta­ such relief. tions, the following distant signals: Chan­ 4. Northwest Illinois- TV Cable Co., nels 7 (ABC—CBS), 10 (ABC—NBC), Hanmbai- [Docket No. 18024; FCC 68-172] Quincy; and Channels 19 (ABC), 25 (NB. J> Inc., proposes to serve the city of Mon­ and 31 (CBS) , all Peoria, 111., stations. North­ CLINTON TV CABLE CO., INC., ET AL. mouth (10,372), Warren County, 111. west Illinois amended its original petition (21,587) -1 The community is located ap­ delete these signals and substituted Memorandum Opinion and Order proximately 35 miles south of the Quad above. The licensee of Channel 4, Rock Is a > Instituting a Hearing Cities and is not part Of any census area. IU„ filed a pleading in response to the orig- The system would carry Channels 8 nal petition, in which it was stated In re petitions by Clinton TV Cable there was no opposition to the prop Co., Inc., Clinton, Iowa, Docket No. 18024, (ABC), Moline; 4 (CBS), Rock Island; service. The licensee of Channel 6 , Df ve,nP° ’ File No. CATV 100-30 ; Northwest Illinois Iowa, filed an opposition to the original pe TV Cable Co., Inc., Monmouth, 111., File 1 Presently pending before the Commission tion. However, these parties have n 0 , No. CATV 100-60; Kewanee Perfect Pic­ is an application by United Video Inc. (File any pleadings in response to the new pr P No. 5203-C1—P—66), for a new point-to-point of Northwest Illinois. onnl). tures T.V., Inc., Kewanee, HI., File No. 3 However, the most recent renewal app CATV 100-143; for authority pursuant to microwave station to implement this pro­ posed service. The disposition of the micro- cations for the Quad City stations rev®f _ . a+ § 74.1107 of the rules to operate CATV wave application will follow later (as it is their nonnetwork programing is some Systems in the. Quad City (Davenport, not ready for final action), and will be con­ less than the amount which we fo^ Re. Iowa-Rock Island-Moline, HI.) television sistent with our resolution of the § 74.1107 constitute the national average. Seco market. waiver request here. port and Order, 2 FCC 2d 725.

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4125

Quad Cities, and about 40 miles north­ 8. Moreover, our own analysis of the for the hearing will be specified in west of Peoria, 111. Petitioner proposes to maximum cumulative impact which another order. provide the residents of this community could result from grants to Monmouth Adopted: February 14,1968. with the local signals of Channels 8 and Kewanee, and assuming at the out­ (ABC), Moline; 4 (CBS), Rock Island; 6 side the same treatment for all other Released: February 21,1968. (NBC), Davenport; and 25 (NBC), and communities similarly situated in this F ederal Communications 31 (CBS), both Peoria, 111., stations; and market, indicates that at least 90 per­ Com mission,1 cent of the market Grade A television the distant signals of Channels 9 (Inde­ Eseal] B en F. W aple, pendent), *11 (Educational), 20 (Educa­ homes would continue to be unavailable Secretary. tional), and 32 (Independent), all Chi­ to distant signal CATV systems.® Thus, cago stations. Petitioner contends waiver on balance, we do not believe that these [F.R. Doc. 68-2639; Filed, Mar. 1, 1968; should be granted since the community systems could have any serious impact 8:4!9 a.m.] does not receive any independent or non­ upon broadcasting in this market; we commercial educational television serv­ also take into account that the public ice. The licensees of Channel 6, Daven­ interest is served by making available port, Iowa, Channel 4, Rock Island, 111., diverse programming to the people of CIVIL SERVICE COMMISSION Channel 8, Moline, 111., and Channel 31, these communities. DIRECTOR, RESOURCES PLANNING 9. Accordingly, it is ordered, That the Peoria, 111., have filed oppositions to the STAFF, BUREAU OF THE BUDGET petition claiming that several UHF as­ provisions of § 74.1107 of the rules are signments are available in the Kewanee waived and the Monmouth and Kewanee Manpower Shortage; Listing area which, when developed would pro­ CATV systems are authorized to carry the distant signals as proposed, subject Under the provisions of 5 U.S.C. 5723, vide the presently missing services, and the Civil Service Commission has found, importation of distant signals would to the applicable provisions of § 74.1103 only delay the development of these of the rules. effective February 26, 1968, that there is a manpower shortage for the single posi­ broadcast services; without the relief re­ It is further ordered, That the request tion of Director, Resources Planning quested petitioner could still carry the of Clinton TV Cable Co., Inc., for waiver three operating VHF stations in the Quad Staff, Bureau of the Budget, Washington, of the hearing provisions of § 74.1107 D.C. The appointee may be paid for the Cities plus two of the three stations in of the rules, is denied; and pursuant expenses of travel and transportation to the Peoria market, and a waiver is con­ to sections 4(i), 303, and 307(b) of his post of duty. ceivable to permit carflage of the new the Communications Act of 1934, as UHF station in Davenport, and the re­ amended, and § 74.1107 of the Commis­ U nited States Civil Serv­ maining station in the Peoria market; sion’s rules, a hearing is ordered as to ice Commission, carriage of only the area stations would said matters on the following issues; [ seal! J ames C. S pry, provide substantial nonnetwork pro­ 1. To determine the present and pro­ Executive Assistant to graming; petitioner has not indicated posed penetration and extent of CATV the Commissioners. that he is willing to comply with the service in the Quad City market. [F.R. Doc. 68-2619; Filed, Mar. 1, 1968; carriage and nonduplication provisions 2. To determine the effects of current 8:47 am.] of the rules and that question should be and proposed CATV service in the Quad resolved in a hearing.4 Television Chi­ City market upon existing, proposed and cago, a joint venture, licensee of Channel -potential television broadcast stations in 32, Chicago, HI., alleges in its letter the the market. SECURITIES AND EXCHANGE same matters as previously set forth re­ 3. To determine (a) the present policy specting the Monmouth proposal. and proposed future plans of petitioners COMMISSION 6. The request for waiver by Clinton with respect to the furnishing of any {812-2280] TV Cable Co., Inc., will be denied. In view service other than the relay of the sig­ of its size and location it is believed that nals of broadcast stations; (b) the po­ GENESCO WORLD APPAREL, LTD. the question of the impact a CATV sys­ tential for such services; and (c) the tem in this city would have should be impact of such services upon television Notice of Filing of Application fully explored in an evidentiary hearing. broadcast stations in the market. February 27,1968. 7. The requests for Monmouth and 4. To determine in light of the above Notice is hereby given that GENESCO Kewanee however, present different fac­ whether the proposal is consistent with World Apparel, Ltd. (“applicant” ), c/o tors which warrant a waiver of the the public interest. Waller, Lansden, Dortch & Davis, Amer­ hearing requirements. These are rela­ Clinton TV Cable Co., Inc., Television ican Trust Building, Nashville, Tenn. tively small communities, distant and 37201, has filed an application pursuant distinct from the central cities of the Chicago, a joint venture, Rock Island Broadcasting Co., Moline Television, to section 6(c) of the Investment Com­ market, and the proposed systems pose pany Act of 1940 for an order exempting httle likelihood of substantial impact Inc., and WOC Broadcasting Co., are made parties to this proceeding and, to it from all provisions of the Act and the upon the potential for additional broad­ rules and regulations thereunder. All cast service. There is an open UHF participate, must comply with the applicable provisions of § 1.221 of the interested persons are referred to the allocation in Galesburg. But this city Commission’s rules. The burden of proof application on file with the Commission receives predicted service from the net­ is upon the petitioner. A time and place for a statement of the representations work stations in the Quad City and -therein which are summarized below. Peoria markets, and there has been no 5 Population source is the current Sales Applicant was incorporated on Feb­ Management Magazine and television signal ruary 14, 1968, under the laws of the application for the open-channel or other contours are derived from the relevant interest shown in activating UHF service license files. The exclusion percentage as­ 1 Commissioner Bartley concurring in part hi Galesburg. - — sumes the unavailability of rural populations and dissenting in part and issuing a state­ to CATV in the current state of the art, con­ ment filed as part of the original document. templates a maximum penetration of 50 Commissioner Cox concurring in part and It was also argued that the petition was percent over the near term, and includes all dissenting in part and issuing a statement ,■ ProPerly verified. But the petition was television homes in that area surrounding In which Commissioner Lee Joins. This c by 001111861 aild ha h g h t o f all o f th e the central cities no greater than the dis­ statement Is filed as part of the original resuStances’ 110 PreJudlce seems to have tance from such cities of the closest system document. Commissioner Loevinger concur­ for which waiver is granted. ring in the result.

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4126 NOTICES

Territory of Virgin Islands. The author­ business of investing,, reinvesting, or cant, for the Debenture holders may ulti­ ized capital stock of the applicant is trading in securities and with respect to mately look to the business enterprise of 1,000 shares of common stock, par value which GENESCO or applicant owns di­ GENESCO rather than solely to that of $1 per share, all of which are presently rectly or indirectly 10 percent or more applicant; (4) none of applicant’s equity issued and outstanding and were ac­ of the voting stock. Applicant will pro­ securities will be held by any person other quired for $10,000 cash by or on behalf ceed as expeditiously as possible with the than GENESCO or a wholly owned sub­ of GENESCO World Apparel Corp. long-term investment of its funds, but sidiary of GENESCO; (5) the Debentures (“World Apparel” ) , a corporation organ­ applicant may make short-term deposits will be offered and sold abroad to for­ ized under the laws of the State of Del­ of such funds in foreign banks or for­ eign nationals under circumstances de­ aware. All of the outstanding stock of eign branches of U.S. banks, may make signed to prevent any reoffering or resale World Apparel is owned by GENESCO temporary investments of such funds in in the United States, its territories or Inc. (“GENESCO”), a corporation orga­ short-term obligations outside the United possessions or to any U.S. national, citi­ nized under the laws of the State of Ten­ States, and may maintain working bal­ zen, or resident in connection with such nessee. On or before July 31, 1968, World ances in U.S. banks. All investments and offering; (6) the burden of the Interest Apparel and/or GENESCO will contri­ loans of applicant’s funds will be made Equalization Tax will tend to discourage bute cash and other property having a in or to companies primarily engaged in purchase of the Debentures by any U.S. fair market value of not less than a business outside the United States and person; and (7) applicant’s security $2,990,000 to applicant; such other prop­ in a business other than investing, rein­ holders will have the benefit of the dis­ erty may consist of stock or obligations vesting, owning, holding, or trading in closure and reporting provisions of the of GENESCO’s affiliates. Additional con­ securities. Applicant will not acquire the New York Stock Exchange and the tributions to the capital of applicant securities representing its loans or in­ Luxembourg Stock Exchange and of the may be made by World Apparel and/or vestments for the purpose of resale and Securities Exchange Act of 1934. GENESCO in the future. World Apparel will not trade in such securities. Notice is further given that any inter­ or GENESCO or one of its wholly owned In the opinion of counsel U.S. persons ested person may, not later than March subsidiaries will purchase any additional will be subject to payment of the U.S. 8, 1968, at 12:30 p.m., submit to the equity securities which applicant may Interest Equalization Tax with respect to Commission in writing a request for a issue in the future and n either the acquisition of the Debentures. By hearing on the matter accompanied by GENESCO or any of its wholly owned financing its foreign operations through a statement as to the nature of his subsidiaries will dispose of any equity applicant rather than through the sale interest, the reason for such request and securities of applicant except to appli­ of its own debt obligations, GENESCO the issues of fact or law proposed to be will utilize an instrumentality, the ac­ controverted, or he may request that he cant, to GENESCO, or to another wholly quisition of whose debt obligations by owned subsidiary of GENESCO. be notified if the Commission shall order GENESCO engages, directly or through U.S. persons would, generally, subject a hearing thereon. Any such communica­ such persons to the Interest Equalization tion should be addressed: Secretary, its affiliated corporations, both in the Tax, thus discouraging them from pur­ United States and abroad, in substan­ Securities and Exchange Commission, chasing such debt obligations. Washington, D.C. 20549. A copy of such tially all phases of the apparel industry. The Debentures are to be offered and It is a publicly held company the com­ request shall be served personally or by sold under conditions which are intended mail (airmail if the person being served mon stock of which is listed on the New to assure that the Debentures will not York Stock Exchange and registered is located more than 500 miles from the be offered or sold in the United States, point of mailing) upon applicant at the under the Securities Exchange Act of its territories or possessions. The con­ 1934. address stated above. Proof of such serv­ tracts relating to such offer and sale will ice (by affidavit or in case of an attorney Applicant has been organized in order contain various provisions intended to to raise funds abroad for use in financing at law by certificate) shall be filed con­ assure that the Debentures will not be temporaneously with the request. At any the requirements of GENESCO’s expand­ purchased by nationals, citizens, or resi­ ing foreign operations in a manner which time after said date, as provided by rule dents of the United States, its territories 0-5 of the rules and regulations promul­ will not adversely affect the U.S. balance or possessions. Any future debt securi­ of payments,-in compliance with the pro­ gated under the Act, an order disposing ties of applicant which are sold to the of the application herein may be issued gram of the U.S. Government of man­ public will be sold under substantially datory restraints on direct foreign by the Commission upon the basis of the similar conditions. information stated in said application, investments by U.S. corporations, which Applicant intends to apply for listing is designed to improve the balance of unless an order for hearing upon said of the Debentures on the New York Stock application shall be issued upon request payments position of the United States. Exchange and the Luxembourg Stock Ex­ Applicant intends to issue and sell $15 or upon the Commission’s own motion. change and to register the Debentures Persons who request a hearing or advice million of its 5 ^ percent Guaranteed under the Securities Exchange Act of (Subordinated) Debentures Due 1988 as to whether a hearing is ordered will 1934. receive notice of further developments (“the Debentures” ) . The Debentures will Applicant submits that it is entitled be convertible into shares of common in this matter, including the date of the to an order exempting it from all the hearing (if ordered) and any postpone­ stock of GENESCO at any time on or provisions of the Act because it is not after November 1, 1968, at a conversion necessary or appropriate in the public ments thereof. price to be determined prior to the public interest or consistent with the protection For the Commission (pursuant to dele­ offering of the Debentures. GENESCO of investors or the purposes fairly in­ gated authority). will unconditionally guarantee the prin­ tended by the policy and provisions of the [seal] O rval L. DuBois, cipal and premium, if any, and interest Act to regulate the company under the Secretary. payments on, or conversion rights of, the Act for the following reasons: (1)A prin­ Debentures, such guarantee being sub­ cipal purpose of applicant is to assist in [F.R. Doc. 68-2591; Filed, Mar. 1, 1968> ordinate to certain outstanding debts of improving the balance of payments posi­ 8:45 a.m.] GENESCO. Any additional debt securi­ tion of the United States by serving as ties of applicant which may be issued to a vehicle through which GENESCO may or held by the public will be guaranteed obtain funds in foreign countries for its [812-2247] by GENESCO in the same manner as foreign operations; (2) applicant will not INSURANCE & SECURITIES INC. the Debentures. deal or trade in securities; (3) the pub­ Applicant intends that all of its assets lic policy underlying the Act is not appli­ Notice of Filing of Application for will be invested in or loaned to companies cable to applicant and applicant’s se­ Order of Exemption which will be either foreign companies curity holders do not require the pro­ F ebruary 27, 1968. or domestic companies all or substan­ tection of the Act because the payment of tially all of whose business is carried on the Debentures, which is guaranteed by Notice is hereby given that Insur­ abroad, which are primarily engaged in GENESCO, does not depend on the op­ ance & Securities Inc. (“ISI” ), S' . a business or businesses other than the erations or investment policy of appli­ fornia Street, San Francisco, cam-

FEDERAL REGISTER, VOL. 33, N,0. 43— SATURDAY, MARCH 2, 1968 NOTICES 4127

94120, investment adviser of, and prin­ 5 percent the sales load on the reinvest­ at a current public offering price de­ cipal underwriter for, .Insurance Securi­ ment at maturity (or within 60 days scribed in the prospectus, and, if such ties Trust Fund (“Trust Fund” ), ISI thereafter) in the single payment secu­ class of security is being currently offered Growth Fund, Inc. (“Growth Fund” ), rity then being issued-by the Trust Fund to the public by or through an under­ and ISI Income Fund, Inc. (“Income of all or a portion of the proceeds pay­ writer, no principal underwriter of such Fund”), has filed an application pur­ able upon maturity of any single pay­ security and no dealer shall sell any such suant to section 6(c) of the Investment ment participating agreement or accu­ security to any person except a dealer, Company Act of 1940, 15 U.S.C. section mulative plan participating agreement a principal underwriter or the issuer, ex­ 80a—1 et seq., (“Act” ) requesting an issued, outstanding and fully paid as of cept at a current public offering price order of the Commission exempting from March 24, 1967; (3) provided that in the described in the prospectus: Provided, the provisions of section 22(d) of the case of an accumulative plan participat­ however, That nothing in this subsec­ Act sales of securities of Growth Fund ing agreement issued and outstanding as tion shall prevent a sale made (i) pur­ or Income Fund at a reduced sales load of March 24, 1967, but not fully paid as suant to an offer of exchange permitted or without sales load to holders of par­ of that date, all or a portion of the ma­ by section 11 hereof including any offer ticipating agreements issued by Trust turity proceeds may, within 60 days fol­ made pursuant to clause (1) or (2) of Fund upon the maturity of such partici­ lowing maturity, be reinvested in the section 11(b); (ii) pursuant to an offer pating agreements and the investment single payment security then being issued made solely to all registered holders of in securities issued by Growth Fund or by the Trust Fund subject to a sales load the securities, or of a particular class or Income Fund of all or part of the pro­ of 5 percent of the lesser of (a) that por­ series of securities issued by the company ceeds payable upon such maturity. tion of the maturity proceeds which is proportionate to their holdings or pro­ All interested persons are referred to equal to the net asset value on maturity portionate to any cash distribution made the application on file with the Commis­ of the. sum of the net asset value of such to them by the company (subject to ap­ sion for a statement of the representa­ participating agreement as of March 24, propriate qualifications designed solely tions therein, which are summarized 1967, and any amounts withdrawn there­ to avoid issuance of fractional securi­ below. from but not repaid as of March 24,1967, ties) ; or (iii) in accordance with rules The Trust Fund is a registered open- or (b) the amount reinvested. and regulations of the Commission made end management investment company The minimum amount which may be pursuant to subsection (b) of section 12.” which has been in operation since 1938. reinvested without load or at the reduced Section 6 (c) of the Act provides: “The Growth Fund and Income Fund are reg­ load of 5 percent under the foregoing Commission, by rules and regulations istered open-end management invest­ arrangements is $1,000, or the entire pro­ upon its own motion, or by order upon ment companies, the securities of which ceeds upon maturity if such proceeds are application, may conditionally or un­ have not yet been offered to the public. less than $1,000. conditionally exempt any person, securi­ The price of the securities proposed to be Effective August 12, 1967, the Com­ ty, or transaction, or any class or classes offered by the Growth Fund and the In­ mission adopted Rule lla-1 under the of persons, securities, or transactions, come Fund will include a creation fee or Act. The effect of Rule lla-1 is to pro­ from any provision or provisions of this sales load payable to ISI in a maximum hibit the charging of any sales load on title or of any rule or regulation there­ amount of 8.5 percent of such price, the reinvestment of the maturity pro­ under, if and to the extent that such which fee is to be reduced on a gradu­ ceeds of participating agreements in the exemption is necessary or appropriate in ated scale for sales involving larger Trust Fund issued on or after August 12, the public interest and consistent with amounts. 1967, at maturity (or within 60 days the protection of investors and the pur­ thereafter) in any security then being It is proposed to permit investors in poses fairly intended by the policy and issued by the Trust Fund or by any other provisions of this title.” participating agreements in the Trust open-end investment company for which Notice is further given that any in­ Fund to invest at maturity (or within ISI acts as principal underwriter. 60 days thereafter) all or a portion of the terested person may, not later than Under the present proposal, holders of March 19, 1968, at 5:30 p.m., submit to proceeds payable upon maturity of such participating agreements outstanding on Participating agreements in the security the Commission in writing a request for March 24, 1967, will be entitled to invest a hearing on the matter accompanied by then being issued by the Growth Fund the maturity proceeds thereof at the re­ or by the Income Fund at a sales load a statement as to the nature of his inter­ duced sales load, not only in the security est, the reason for such request and the ho greater than the sales load applicable then being issued by the Trust Fund, but upon the reinvestment of such proceeds issues of fact or law proposed to be con­ also in the security then being issued by troverted, or he may request that he be Jh the security then being issued by the the Growth Fund or the Income Fund. Trust Fund. notified if the Commission should order Holders of participating agreements is­ a hearing thereon. Any such communica­ Participating agreements issued by the sued after March 24, 1967, will have the tion should be addressed: Secretary, Trust Fund provide for participation in same right enjoyed by purchasers of par­ Securities and Exchange Commission, the Trust Fund for a term of 10 years ticipating agreements issued after Au­ Washington, D.C. 20549. A copy of such from the date of issuance. Under the gust 12, 1967, to reinvest the maturity request shall be served personally or by “ Ust Agreement pursuant to which the proceeds thereof without sales load, not mail (airmail if the person being served Fund was organized and is oper­ only in the security then being issued by is located more than 500 miles from the ated, is i is entitled to be paid a sales the Trust Fund, but also in the security point of mailing) upon ISI at the address n °18.85 percent on the total amounts then being issued by the Growth Fund or stated above. Proof of such service (by Paid in on each participating agreement, the Income Fund. affidavit or in case of an attorney at law until March 1967, Trust Fund investors ISI represents that the proposed ar­ by certificate) shall be filed contempo­ who wished to reinvest in a new partici­ rangement will confer significant addi­ raneously with the request. At any time pating agreement all or a portion of the tional benefits upon investors in the after said date, as provided by Rule 0-5 of a participating agreement Trust Fund and is consistent with the of the rules and regulations promulgated which had matured at the end of 10 Commission’s order of August 21, 1967 under the Act, an order disposing of the years paid the full 8.85 percent creation (Investment Company Act Release No. application herein may be issued by the e applicable to new participating 5062) which exempted from section 22 Commission upon the basis of the infor­ agreements. (d) sales of securities of the Trust Fund mation stated in said application, unless Beginning March 27, 1967, ISI (1) at a reduced sales load or without sales an order for hearing upon said applica­ mT?!na^e(i the sales load on the reinvest- load pursuant to the arrangement insti­ tion shall be issued upon request or upon tho Hi maturity (or within 60 days tuted by ISI on March 27,1967 described the Commission’s own motion. Persons riitr? ^ er) sinSle payment secu- above. who request a hearing or advice as to of an en ke*ng issued by the Trust Fund Section 22(d) of the Act provides: “No whether a hearing is ordered will receive ahio 1 0r a Port*011 of the proceeds pay- registered investment company shall sell notice of further developments in this ®yP°n maturity of any participating any redeemable security issued by it to matter, including the date of the hearing issued on or after March 27, any person except either to or through a (if ordered) and any postponements •»' (2) reduced from 8.85 percent to principal underwriter for distribution or thereof.

No. 43- FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4128 NOTICES

For the Commission (pursuant to dele­ traded otherwise than on a national No. MC 18738 (Sub-No. 36 TA), filed gated authority). securities exchange is required in the February 23, 1968. Applicant: SIMS public interest and for the protection of M O TO R TRAN SPORT LINES, INC., 610 [ seal] Orval L. DuB ois, West 138th Street, Riverdale, HI. 60627. Secretary„ investors; It is ordered, Pursuant to section Applicant’s representative: Tony [F.R. Doc. 68-2592; Filed, Mar. 1, 1968; 15(c) (5) of the Securities Exchange Act Hoboian (same address as above). Au­ 8:45 a.m.] of 1934, that trading in such securities thority sought to operate as a common otherwise than on a national securities carrier, by motor vehicle, over irregular [Pile Nos. 7-2872—7-2876] exchange be summarily suspended, this •routes, transporting: Iron and steel ar­ oTder to be effective for the period Feb­ ticles, from the plantsite of Jones & TELEDYNE, INC., ET AL. ruary 28, 1968, through March 8, 1968, Laughlin Corp., Putnam County, 111., to both dates inclusive. points in Indiana, Michigan, Ohio, and Notice of Applications for Unlisted Kentucky; and materials, equipment, and Trading Privileges and of Oppor­ By the Commission. supplies used in the manufacture or proc­ tunity for Hearing [ seal] O rval L. D uB ois, essing of iron and steel articles from points in Indiana, Michigan, Ohio, and F ebruary 21, 1968. Secretary. Kentucky to the plantsite of Jones & In the matter of applications of the [F.R. Doc. 68-2594; Filed, Mar. 1, 1968; 8:46 a.m.] Laughlin Corp., Putnam County, 111. Re­ Detroit Stock Exchange for unlisted striction: Restricted against the trans­ trading privileges in certain securities. portation of oilfield and pipeline com­ The above-named national securities modities as defined. by the Commission exchange has filed applications with the in Mercer Extension— Oil Field Commod­ Securities and Exchange Commission INTERSTATE COMMERCE ities, 74 M.C.C. 459, for 180 days. Sup­ pursuant to section 12(f)(1)(B) of the porting shipper: C. F. Coombs, Traffic Securities Exchange Act of 1934 and COMMISSION Manager, Jones & Laughlin Steel Corp., 3 Rule 12f-l thereunder, for unlisted trad­ Gateway Center, Pittsburgh, Pa. 15230. [Notice 558] ing privileges in the common stocks of Send protests to: Roger L. Buchanan, In­ the following companies, which securities MOTOR CARRIER TEMPORARY terstate Commerce Commission, Bureau are listed and registered on one or more AUTHORITY APPLICATIONS of Operations, 219 South Dearborn Street, other national securities exchanges: Room 1086, Chicago, I1L 60604. F ebruary File No. 28,1968. No. MC 59117 (Sub-No. 31 TA) , filed Teledyne, Inc______7-2872 The following are notices of filing of February 23, 1968. Applicant: ELLIOTT Trans World Airlines, Inc------7—2873 applications for temporary authority TR U C K LINE, INC., Post Office Box U Union Carbide Corp—------7-2874 under section 210a(a) of the Interstate Vinita, Okla. 74301. Applicant’s repre­ United States Smelting. Refining & Commerce Act provided for under the sentative: Vincent Elliott (same address Mining Co______7-2875 new rifles of Ex Parte No. MC 67 (49 Xerox Corp------— 7-2876 as above). Authority sought to operate CFR Part 340) published in the F ederal as a common carrier, by motor vehicle, Upon receipt of a request, on or before R egister, issue of April 27,1965, effective over irregular routes, transporting. March 7, 1968, from any interested per­ July 1, 1965. These rules provide that Fertilizer solutions, in bulk, in tank son, the Commission will determine protests to the granting of an application vehicles, from Pryor, Okla., to points m whether the application with respect to must be filed with the field official named Kansas, Arkansas, Texas, Louisiana, any of the companies named shall be set in the F ederal R egister publication, Missouri, and Mississippi, for 180 days. down for hearing. Any such request within 15 calendar days after the date of Supporting shipper: Cherokee Nitrogen should state briefly the title of the secur­ notice of the filing of the application is Co., Donald T. Sjoquist, Post Office Box ity in which he is interested, the nature published in the Federal R egister. One 429, Pryor, Okla. 74361. Send protests of the interest of the person making the copy of such protest must be served on to: C. L. Phillips, District Supervisor, request, and the position he proposes to the' applicant, or its authorized repre­ Interstate Commerce Commission, Bu­ take at the hearing, if ordered. In addi­ sentative, if any, and the protests must reau of Operations, Room 350, American tion, any interested person may submit certify that such service has been made. General Building, 210 Northwest Sixtn, his views or any additional facts bearing The protests must be specific as to the Oklahoma City, Okla. 73102. on any of the said applications by means service which such protestant can and No. MC 88368 (Sub-No. 19 TA), filed of a letter addressed to the Secretary, will offer, and must consist of a signed February 23, 1968. Applicant: CAK*- Securities and Exchange Commission, original and six copies. WRIGHT VAN LINES, INC., 44H East Washington 35, D.C., not later than the A copy of the application is on file, 119th Street, Grandview," Mo. 6 4 UJU. date specified. If no one requests a hear­ and can be examined at the Office of the Authority sought to operate as a 00 ' ing with respect, to any particular appli­ Secretary, Interstate Commerce Com­ mon carrier, by motor vehicle, ov cation, such application will be deter­ mission, Washington, D.C., and also in irregular routes, transporting:. " ous. mined by order of the Commission on the field office to which protests are to hold goods (as defined by the Commis­ the basis of the facts stated therein and be transmitted. sion) from Earp, Calif., and a &0-m^ other information contained in the offi­ radius, to points in California, and M otor C arriers of P roperty cial files of the Commission pertaining points in California, to Earp, Calif., thereto. No. MC 2392 (Sub-No. 66 TA), filed a 50-mile radius. N o t e : Applicant in­ For the Commission (pursuant to February 23,1968. Applicant: WHEELER tends to tack the authority here aPP 1 . delegated authority). TRANSPORT SERVICE, INC., Post Of­ for to other authority held by it, . fice Box 14248, West Omaha Station, 7722 days. Supporting shippers: Ma _ [ seal] O rval L. D uB ois, F Street, Omaha, Nebr. 68114. Authority Laboratories, Inc., 10236 Bunker R ^ Secretary. sought to operate as a common carrier, Road, Kansas City, Mo. 6 4 1 3 7 ¡Yello [F.R. Doc. 68-2593; Filed, Mar. 1, 1968; by motor vehicle, over irregular routes, Transit Freight Lines, Inc., Post omc 8:45 a.m.] transporting*. Liquid nitrogen fertilizer Box 8462, 92d at State Line, Kansas oi y, solution in bulk, from Omaha, Nebr., to Mo. 64114. Send protests to: ’ points in Iowa, Kansas, Minnesota, Mis­ Simmons, District Supervisor, Int URANIUM KING CORP. souri, North Dakota, and South Dakota, Commerce Commission, Bureau Order Suspending Trading for 180 days. Supporting shipper: Gulf Operations, 1100 Federal Office B ’ Oil Corp., Chemicals Department, Dwight 911 W alnut Street, Kansas City, February 27, 1968. Building, Kansas City, Mo. 64105 (R. A. Young, Transportation Manager). Send -64106- q, a ) It appearing to the Securities and Ex­ No. M C 108449 (Sub-No. 280 t.’ change Commission that the summary protests to: Keith P. Kohrs, District Supervisor, Interstate Commerce Com­ filed February 23, 1968. suspension of trading in the common INDIANHEAD TRUCK LINE, HJC., - stock of Uranium King Corp., Post Office mission, Bureau of Operations, 705 Fed­ W est County Road C, St. Paul, Box 6217, Salt Lake City, Utah, being eral Office Building, Omaha, Nebr. 68102. FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 NOTICES 4129

55113. Applicant’s representative: W. A. Kans., Ohio, and Tennessee, for 180 days. (1) from Depue, HI., to points in Ohio, Myllenbeck (same address as above). Supporting shipper: Joseph G. Baldwin Hlinois, Indiana, Michigan, Wisconsin, Authority sought to operate as a com ­ Co. Attention: Florence Baldwin, Vice Minnesota, Iowa, Kansas, Missouri, Ne­ mon carrier, by motor vehicle, over President, McLeansboro, HI. 62859. Send braska, North Dakota, and South Da­ irregular routes, transporting: Fertilizer, protests to: J. P. Werthmann, District kota; (2) from Riverdale and Colfax, in bulk, from Fairmont, Minn., to points Supervisor, Bureau of Operations, Inter­ HI., to points in Indiana, Michigan, in Iowa, for 180 days. Supporting state Commerce Commission, Room Missouri, Ohio, and Wisconsin; (3) from shipper: The Borden Chemical Co„ 3248-B, 1520 Market Street, St. Louis, Des Moines, Iowa, to Kansas, Minnesota, Smith-Douglass Division, Post Office Mo. 63103. Missouri, Nebraska. North Dakota, South Box 419, Norfolk, Va. 23501. Send pro­ No. MC 119702 (Sub-No. 31 TA), filed Dakota, and Wisconsin, for 180 days. tests to: District Supervisor A. E. February 23, 1968. Applicant: STAHLY Supporting shipper: The New Jersey Rathert, Interstate Commerce Commis­ CARTAGE CO., 130A Hillsboro Avenue, Zinc Co., 160 Front Street, New York, sion, Bureau of Operations, 448 Federal Post Office Box 486, Edwardsville, HI. N.Y. 10038. Send protests to: Roger L. Building, 110 South Fourth Street, 62025. Authority sought to operate as a Buchanan, District Supervisor, Inter­ Minneapolis, Minn. 55401. common carrier, by motor vehicle, over state Commerce Commission, Bureau of No. MC 115311 (Sub-No. 79 TA), filed irregular routes, transporting: Anhy­ Operations, 219 South Dearborn Street, February 23, 1968. Applicant: J & M drous ammonia, in bulk, from Tilton, Room 1086, Chicago, HI. 60604. TRANSPORTATION CO., INC., Post HI., to points in Indiana, Iowa, Ken­ No. MC 129135 (Sub-No. 4 TA), filed Office Box 488, Milledgeville, Ga. 31061. tucky, Michigan, Minnesota, Ohio, and February 23, 1968. Applicant: KATUIN Applicant’s representative: T. Baldwin Wisconsin, for 180 days. Supporting ship­ BROS. INC., 102 Terminal Street, Dubu­ Martin, 700 Home Federal Building, per: United States Steel Corp„ 400 que, Iowa 52001. Applicant’s representa­ Macon, Ga. 31201. Authority sought to Manor Building, Pittsburgh, Pa. 15230. tive: Allan Katuin (same address as operate as a common carrier, by motor Send protests to: Harold C. Jolliff, Dis­ above). Authority sought to operate as vehicle, over irregular routes, trans­ trict Supervisor, Bureau of Operations, a contract carrier, by motor vehicle, over porting: Silica clay, from Sewanee, Interstate Commerce Commission, Room irregular routes, transporting: Animal Tenn., to Macon, Ga., in pneumatic tank 476, 325 West Adams Street, Springfield, and poultry feed, in bags and in bulk, trucks or trailers, for 180 days. Support­ HI. 62704. from Cedar Rapids, Iowa, to points in ing shipper: National Billiard Chalk Co., No. MC 126311 (Sub-No. 6 TA), filed Wisconsin on and south of U.S. Highway Chicago, 111. Send protests to: W illiam February 23, 1968. Applicant: CHARLES 18 and east of U.S. Highway 51, for 180 L. Scroggs, District Supervisor, Inter­ L. PARKS, R.F.D. No. 2, Ashland, Nebr. days. Supporting shipper: Quaker Oats state Commerce Commission, Bureau of 68003. Applicant’s representative: Co., Merchandise Mart Plaza, Chicago, Operations, Room 309,1252 West Peach­ Charles J. Kimball, Post Office Box 2028, HL 60654. Send protests to: Chas. C. tree Street NW., Atlanta, Ga. 30309. Lincoln, Nebr. 68501. Authority sought to Biggers, District Supervisor, Interstate No. MC 115311 (Sub-No. 80 TA), filed operate as a contract carrier, by motor Commerce Commission, Bureau of Op­ February 23, 1968. Applicant: J & M vehicle, over irregular routes, transport­ erations, 332 Federal Building, Daven­ TRANSPORTATION CO., INC., Post ing: Dry fertilizer, from Council Bluffs, port, Iowa 52801. Office Box 488, Milledgeville, Ga. 31061. Iowa, to points in Cass, Butler, Colfax, By the Commission. Applicant’s representative: T. Baldwin, Dodge, Douglas, Lancaster, Saunders, 700 Home Federal Building, Macon, Ga. Seward, and Washington Counties, Nebr., [ seal] H. Neil G arson, 31201. Authority sought to operate as a for 180 days. Supporting shippers: Secretary. common carrier, by motor vehicle, over Farmers Union Coop Grain Co., Snyder, [F.R, Doc. 68-2625; Filed, Mar. 1, 1968; irregular routes, transporting: Silica Nebr.; Farmers Cooperative Co., Hooper, 8 :4 8 a.m .] clay, from Cairo, HI., to Macon, Ga., in Nebr.; Farmers Grain & Lumber Co., pneumatic tank trucks or trailers, for Dodge, Nebr.; Nehawka Farmers Co­ FOURTH SECTION APPLICATION FOR 180 days. Supporting shipper: National operative, Nehawka, Nebr. Send protests Billiard Chalk Co., Chicago, HI. Send to: District Supervisor Max H. Johnston, RELIEF Protests to: William L. Scroggs, District Bureau of Operations, Interstate Com­ F ebruary 28,1968. Supervisor, Interstate Commerce Com­ merce Commission, 315 Post Office Build­ Protests to the granting of an applica­ mission, Bureau of Operations, Room 309, ing, Lincoln, Nebr. 68508. tion must be prepared in accordance with 1252 West Peachtree Street NW., Atlanta, No. MC 128078 (Sub-No. 1 TA), filed Ga. 30309. Rule 1100.40 of the general rules of prac­ February 23, 1968. Applicant: MICHAEL tice (49 CFR 1100.40) and filed within No. MC 115331 (Sub-No. 245 TA ), filed VALIHORA, 3050 West Fort Street, Box 15 days from the date of publication of February 23, 1968. Applicant: TRUCK 1176A, Detroit, Mich. 48216. Applicant’s this notice in the F ederal R egister. TRANSPORT, INCORPORATED, 1931 representative: James P. Try and, 515 North Geyer Road, St. Louis, Mo. 63131. Ann Arbor Trust Building, Ann Arbor, Long- and-S hort Haul Authority sought to operate as a common Mich. 48108. Authority sought to operate FSA No. 41247—Barley, grain sorghum carrier, by motor vehicle, over irregular as a common carrier, by motor vehicle, s6eds and sorghums from Oklahoma routes, transporting: Prepared animal over irregular routes, transporting: points. Filed by Trans-Continental owa poultry feed ingredients, in bags and Lumber, from points on the international Freight Bureau, agent (No. 450), for m bulk, from East St. Louis, 111., to points boundary line between the United States interested rail carriers. Rates on barley, m Missouri, for 180 days. Supporting and Canada at or near Detroit, and Port threshed, grain sorghum seeds, grain sor­ snipper: National Oats Co., 1931 Baugh Huron, Mich., to Shakopee, Minn., for ghums, threshed, in straight or mixed Avenue, East St. Louis, HI. 62205. Send 150 days. Supporting shipper: Ritchie carloads, minimum 100,000 pounds, from Protests to: J. P. Werthmann, District Halstead & Quick Corp., 24555 Southfield Goodwell, Guymon, Hooker, Optima, supervisor, Bureau of Operations, Inter- Road, Southfield, Mich. Send protests to: Panoma, and Texhoma, Okla., on Chi­ *yao Commerce Commission, Room District Supervisor Gerald J. Davis, In­ cago, Rock Island & Pacific Railroad Co., ¿48-B, 1520 Market Street, St. Louis, terstate Commerce Commission, Bureau to points in Arizona, California, and New Mo. 63103. of Operations, 1110 Broderick Tower, Mexico, on The Atchison, Topeka, and -J?0- Mc H6325 (Sub-No. 52 TA), filed Detroit, Mich. 48226. Santa Fe Railway Co. 23, 1968. Applicant: JEN- No. MC 129020 (Sub-No. 1 TA), filed Grounds for relief—Carrier competi­ ^NGS BOND, doing business as JEN- February 23, 1968. Applicant: JOHN tion. £UNGS BOND ENTERPRISES, Post ALBERT RAVEN, doing business as Tariff—Supplement 97 to Trans-Con­ At tv.6 ? ox No- 8> Lutesville, Mo: 63762. AMERICAN MOTOR SERVICE, 5819 tinental Freight Bureau, agent, tariff uthority sought to operate as a com - West 109th Street, Chicago Ridge, HI. ICC 1725. n carrier, by motor vehicle, over irreg- 60415. Applicant’s representative: Al­ By the Commission. ,rou^es> transporting: Lumber and bert A. Andrin, 29 South La Salle Street, noil v *rom the plant of Joseph G. Chicago, HI. 60603. Authority sought to [ seal] H. Neil G arson, p Co., McLeansboro, Hamilton operate as a common carrier, by motor Secretary. ounty, HI., to points in Indiana, Mich- vehicle, over irregular routes, transport­ [F.R. Doc. 68-2624; Filed, Mar. 1, 1968; *gan, Wisconsin, Iowa, Kansas City, ing: Diammonium phosphate, in bulk, 8 :4 8 a.m .]

FEDERAL REGISTER, VOL. 33, NO. 43— SATURDAY, MARCH 2, 1968 4130 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— MARCH

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 March.

3 CFR Page 14 CFR—Continued Page 21 CFR— Continued page Proclamation: Proposed R ules: 141d______4101 25______3641 145______4099 3831 ______3619 146d______4101 3832 ______4091 39______3642 71______3642 166______3635 Executive O rders: 91______3643, 4108 5903 (revoked by PLO 4371)------3636 208______3645 39 CFR 6697 (revoked by PLO 4371)------3636 288______3645 Ch. I______3635 399______3645 7 CFR 221______3635 52______4104 P roposed R ules: 910______4105 16 CFR 151____ 3639 913______4105 13______4097 980______- ______4105 1464_____ '______3633 41 CFR 17 CFR H_1______3636 P roposed R ules: Proposed R ules: 907 ______3639 240______3651 908 ______3641 43 CFR 932______4107 18 CFR P ublic Land O rder: 989_------3641 4371 ______3636 Proposed R ules: 10 CFR 607______- ______3639 47 CFR P roposed R ules: 3637 150______4109 19 CFR _ 3638 1 (2 documents)------3633, 3634 4102 14 CFR „ 4103 39______3621 20 CFR ___ 4103 71______4093-4095 614______3635 P roposed R ules: 73______4095, 4096 73 ______4110 91______4096 93______4096 21 CFR 31______4098 50 CFR 97______3622 __ 4104 121______4096 121______4098 28 141______4099 32 _ 4104 223______3631 __ 4104 389______3632 141a______4099 33______

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