FEDERAL REGISTER VOLUME 34 . NUMBER 3 Saturday, January 4, 1969 • Washington, D.C. Pages 109-182

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commerce Department Consumer and Marketing Service Federal Aviation Administration Federal Highway Administration Federal Maritime Commission Federal Power Commission Federal Trade Commission Health, Education, and Welfare Department Housing and Urban Development Department Immigration and Naturalization Service Interior Department Internal Revenue Service International Commerce Bureau Interstate Commerce Commission Labor Department Land Management Bureau Post Office Department Securities and Exchange Com m ission State Department Treasury Department Wage and Hour Division Detailed list of Contents appears inside. Announcing the latest addition to the series of . . . Public Papers of the Presidents of the United States LYNDON B. JOHNSON, 1967

This is the 23d volume in the “Public Papers” series to be released. It contains public messages and statements, verbatim transcripts of the President’s news con­ ferences, and other selected papers released by the White House during 1967. Included in the volume are the President’s annual message to Congress on the State of the Union; special messages on consumer protection, education and health, and crime control; items relating to the President’s meeting with Soviet Premier Kosygin at Glassboro, N.J., meetings with Vietnam leaders in Guam, and the Latin American summit conference at Punta del Este, Uruguay; and speeches made by the President while on his 5-day round-the-world tour. The 1228-page volume, fully indexed, consists of two clothbound books. Book I covers the period from January 1 through June 30, 1967, and sells for $8.75; Book II covers the period from July 1 through December 31, 1967, and sells for $8.00. Al*l volumes in the “Public Papers” series are sold by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Distribution for official use is governed by the provisions of sections 32.15-32.19 of Title 1 of the Code of Federal Regulations.

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAJw’REGISTER Archives and Records Service, General Services Administration (mail address National • — j - «aä a ^ Phone 962—8626 Area Code 202 \ ' I IK! 1934 ITCn ~4? Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code op Federal R egulations. Contents

AGRICULTURAL STABILIZATION CONSUMER AND MARKETING FEDERAL POWER COMMISSION AND CONSERVATION SERVICE SERVICE Notices Rules and Regulations Rules and Regulations Hearings, etc.: Rice, 1969-70 marketing year; Handling limitations; fruits Arkansas Louisiana Gas Co__ 166 marketing quotas and national grown in Arizona and Cali­ Cascade Natural Gas Corp__ 167 acreage allotment. ______124 fornia : Colorado Interstate Gas Co___ 167 Sugar; allotment of quotas, main­ Lemons______127 El Paso Natural Gas Co_____ 167 land cane sugar area; calendar Oranges, Navel______127 Gas Board of Town of West Jef­ year 1969______'______125 Tomatoes: ferson, Ala., and Southern Natural Gas Co______168 Notices Importation ______128 Shipments limitation; tomatoes Getty Oil Co. et al______163 Rice; marketing quota referen­ grown in Florida______128 Pan American Petroleum Corp. 166 dum for 1969 crop______156 Pan American Petroleum Corp. Proposed Rule Making et al------168 AGRICULTURE DEPARTMENT Grapefruit grown in Florida; Panhandle Eastern Pipe Line See also Agricultural Stabilization handling; correction______151 Co ------169 and Conservation Service; Con­ Potatoes, Irish, grown in Idaho Union Producing Co. et al_____ 169 sumer and Marketing Service. and Oregon; shipments limita­ Western Gas Interstate Co___ 170 tion ______152 Rules and Regulations Soybeans; standards______151 Procurement of construction____ 146 FEDERAL AVIATION FEDERAL TRADE COMMISSION ATOMIC ENERGY COMMISSION ADMINISTRATION Notices Notices Merchandise which has been sub­ Commonwealth Edison Co.; issu­ Rules and Regulations jected to previous use on trial ance of provisional construction Airworthiness directives: basis and subsequently resold as perm its______174 Fairchild Hiller aircraft (2 doc­ new; enforcement policy____ 176 uments) ______129, 130 BUSINESS AND DEFENSE Lockheed Models 188A and 188C Series airplanes______130 HEALTH, EDUCATION, AND SERVICES ADMINISTRATION Control zones and/or transition Notices areas; alterations (4 docu­ WELFARE DEPARTMENT Decisions on applications for duty­ ments) ______130,131 Notices free entry of scientific arti­ Federal aid to airports; U.S. National Institutes of Health; cles: share of project costs in public statement of organization, func­ Southwest Research Institute land States______131 tions, and delegations of au­ (2 documents)______160 Proposed Rule Making thority ... ______170 Textile Research Institute..__ 160 Airworthiness directives: CIVIL AERONAUTICS BOARD Beech Model 18 Series air­ planes; withdrawal______152 HOUSING AND URBAN Notices Fairchild Hiller aircraft______152 Hearings, etc.: Alterations: DEVELOPMENT DEPARTMENT Buifalo-Twin Cities nonstop Control zone and transition Rules and Regulations service investigation______175 a re a ______154 Fair housing; procedures regard­ Execaire Aviation Ltd______175 Control zones (3 documents)__ 153, ing complaints______133 International Air T ran sp o rt 154 Association______175 Designations of transition areas (2 documents)______154,155 Mohawk Airlines, Inc______175 IMMIGRATION AND Mohawk Chicago entry case... 175 Notices Sky Courier^ Inc., et al______175 General Aviation and Air Carrier NATURALIZATION SERVICE Transportes Aereos de Carga, Rules and Regulations S.A. (Transcarga)______176 District Offices, Indianapolis, Ind.; consolidation______174 Mexican border visitors permits. . 129 CIVIL SERVICE COMMISSION FEDERAL HIGHWAY Rules and Regulations ADMINISTRATION INTERIOR DEPARTMENT Pay administration; severance Rules and Regulations See also Land Management Bu­ p a y ------123 reau. Federal motor vehicle safety COMMERCE DEPARTMENT standards: Notices See also Business and Defense Hydraulic brake fluids______113 Government of Trust Territory of Services Administration; Inter­ Seat belt assemblies______115 the Pacific Islands; delimitation national Commerce Bureau. of extent and nature of au­ thority ______157 Rules and Regulations FEDERAL MARITIME Cross references: COMMISSION Specifications for hydraulic Notices INTERNAL REVENUE SERVICE brake fluids for use in motor. U.S. Atlantic and Gulf-Red Sea vehicles ______132 and Gulf of Aden Rate Agree­ Rules and Regulations Standards for seat belts for use ment; agreement filed for ap­ France; withholding regulations. 135 in motor vehicles______132 proval ______176 (Continued on next page) 111 112 CONTENTS

INTERNATIONAL COMMERCE LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE BUREAU Notices COMMISSION Rules and Regulations Authority delegation; Adminis­ Notices General orders; exports of copper,, trator and Staff Assistant (Ad­ Hearings, etc.: January-June 1969------132 ministration), Lower Colorado Connecticut General Life In- Office ______155 surance Co. and CG Variable California; proposed withdrawal INTERSTATE COMMERCE Annuity Account I______162 and reservation of lands_____ 15|? Dumont Corp______162 COMMISSION Nevada; public sale___ - ______157 Electrogen Industries, Inc______161 Iow a Business D evelopm ent Notices POST OFFICE DEPARTMENT Car distribution: Credit Corp______161 Atchison, Topeka and Santa Fe Rules and Regulations Majestic Capital Corp______163 Railway Co. et al------177 Matter mailable under special Omega Equities Corp______162 Lehigh Valley Railroad Co. rules, airmail; motor vehicle et al______178 master keys______145 STATE DEPARTMENT Penn Central Co. et al------178 Notices Reading Co. et al------178 Charles E. Bohlen; designation Fourth section applications for re­ and order of succession to act lief (2 documents)______178 as Secretary of State______156 Motor carriers: Temporary authority applica­ TRANSPORTATION DEPARTMENT tions ______179 Transfer proceedings (2 docu­ See Federal Aviation Administra­ ments) ______177,180 tion; Federal Highway Adminis­ tration. JUSTICE DEPARTMENT TREASURY DEPARTMENT See Immigration and Naturaliza­ tion Service. See also Internal Revenue Service. Notices LABOR DEPARTMENT Authority delegation; bureau See also Wage and Hour Division. heads et al______— 156 Rules and Regulations WAGE AND HOUR DIVISION Occupational training of unem­ Rules and Regulations ployed persons; 1968 amend­ ments to Manpower Develop­ Overtime compensation? piece­ ment and Training Act of 1962_ 143 worker and special provisions— 144

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, 1969, and specifies how they are affected.

5 CFR 14 CFR 29 CFR 550______123 39 (3 documents)------129,130 20______143 71 (4 documents)------130, 131 778______144 7 CFR 151______131 730______124 P roposed R ules; 814______125 39 (2 documents)------152 39 CFR 907______127 71 (6 documents)______153-155 125—:______145 910______127 136____ 145 966______128 15 CFR 980______128 6 132 P roposed R ules: 9______132 41 CFR 26______15z\ 384__—______132 4-4______146 913______151 4-10______T______146 945_____- _____ 152 24 CFR 4—18______146 8 CFR 71______133

212. 235. ÎÜ 26 CFR 49 CFR 299. 129 514____ 135 371 (2 documents) 113-115 113 Rules and Regulations

Motor Vehicle S afety S tandard (e) Stability at high temperature. Title 49— TRANSPORTATION No. 116 When tested by the procedure specified MOTOR VEHICLE HYDRAULIC BRAKE FLUIDS in section 4.5 of SAE J70b the boiling Chapter III— Federal Highway Ad­ point of the brake fluid shall not be less ministration, Department of Trans­ 51. Purpose and scope. This standard than 146° C. or 294.8° F. and shall not portation specifies requirements for hydraulic change by more than 5° C. or 9° F. brake fluids for use in motor vehicles. (f) Corrosion. (1) Brake fluid when PART 371—^FEDERAL MOTOR 52. Application. This standard applies tested by the procedure specified in sec­ VEHICLE SAFETY STANDARDS to hydraulic brake fluids for use in motor tion 4.6 of SAE J70b shall not cause cor­ vehicles. rosion exceeding the limits shown in Motor Vehicle Safety Standard No. 53. Definitions. “Hydraulic brake Table 1. The metal strips outside of the 116; Motor Vehicle Hydraulic Brake fluid” means any fluid for use in the hy­ area where the strips are in contact shall Fluids draulic braking system of a motor ve­ neither be pitted nor roughened to an hicle, except petroleum base fluid which extent discernible to the naked eye, but Section 117(a) of Public Law 89-563, is in a container clearly identified and staining or discoloration is permitted. the National Traffic and Motor Vehicle distinguishable from the types of non­ (2) The fluid-water mixtures shall Safety Act of 1966, repealed Public Law petroleum hydraulic brake fluids pre­ show no jelling at 23°±5° C. or 73.4°±9° 87-637, entitled “An Act to provide that scribed in.this standard. F. No crystalline type deposit shall form hydraulic brake fluid sold or shipped in The abbreviation “°C.” means tem­ and adhere to either the glass jar walls commerce for use in motor vehicles shall perature expressed in degrees in Celsius. or the surface of metal strips. The fluid- meet certain specifications prescribed by The abbreviation “°F.” means tem­ water mixture shall contain no more than the Secretary of Commerce.” perature expressed in degrees in Fah­ 0.10 percent sediment by volume. The Section 117(c) of Public Law 89-563 renheit. fluid-water mixture shall have a pH value continued in effect all standards issued 54. Requirements. Hydraulic brake not less than 7 nor more than 11.5. under Public Law 87-637 “as if they had fluid shall comply with the requirements (3) The test rubber cup shall show no been effectively issued under section 103 prescribed in S4.1 and S4.2 for one or disintegration, as evidenced by excessive until amended or revoked by the Secre­ more of the following types when such tackiness, blisters, or sloughing indicated tary * * *.” Standards issued under type or types are marked on the label by carbon black separation on the sur­ Public Law 87-637 are found in 15 CFR of the container or are identified by other face of the rubber cup. The hardness of Part 6, “Specifications for Hydraulic means: SAE Type 70R1, SAE Type 70R1 the rubber cup shall not decrease by more Brake Fluids for Use in Motor Vehicles.” Arctic, SAE Type 70R3. When the type than 15° and the base diameter shall not Since 15 CFR Part 6 is, in effect, a Fed­ is not indicated on the label of the con­ increase by more than 1.4 millimeters or eral Motor Vehicle Safety Standard, the tainer or otherwise or when the type in­ 0.055 inch. Administrator of the Federal Highway dicated is not one of these three types, (g) Fluidity and appearances at low Administration has determined in the in­ the hydraulic brake fluid shall comply temperatures. At minus 40° C. or minus terests of clarity and ease of reference with the requirements for SAE Type 40° F., when brake fluid is tested by the that 15 CFR Part 6 should be incor­ 70R1 prescribed in S4.1. procedure specified in section 4.7(a) of porated into the Federal Motor Vehicle S4.1 Requirements for SAE Type 70R1 SAE J70b, the black contrast lines on a Safety Standards of 23 CFR Part 255. and SAE Type 70R1 Arctic. SAE Type hiding power chart shall be clearly dis­ Therefore Part 255 is hereby amended to 70R1 and SAE Type 70R1 Arctic hydrau­ cernible when viewed through the fluid in add Standard No. 116, which is substan­ lic brake fluid shall meet the following re­ the sample bottle. The fluid shall show no tively identical to 15 CFR Part 6, and 15 quirements when tested in accordance stratification or sedimentation, and upon CFR Part 6 is hereby deleted. with the designated procedures in SAE inversion of the sample bottle, the air Since this amendment imposes no ad­ Standard J70b dated May 1963 and edi­ bubble shall travel to the top of the fluid ditional burden on any person and in­ torially revised December 1963 for SAE in not more than 10 seconds. At minus volves no substantive change in the re­ 70R1 and SAE 70R1 Arctic: 50° C. or minus 58° F., when brake fluid quirements of 15 CFR Part 6, notice and (a) Boiling point. Brake fluid when is tested by the procedure specified in sec­ public procedure thereon are unnecessary tested by the procedure specified in sec­ tion 4.7(b) of SAE J70b, the black con­ and good cause is shown that an effective tion 4.1 of SAE J70b shall have a boiling trast lines on a hiding power chart shall date earlier than 180 days after issuance point not less than 150° C. or 302° F. be clearly discernible when viewed is in the public interest and the amend­ (b) Flash point. Brake fluid when through the fluid in the sample bottle. tested by the procedure specified in sec­ The fluid shall show no stratification or ment may be made effective less than 30 tion 4.2 of SAE J70b shall have a flash sedimentation, and upon inversion of the days after publication in the F ederal point not less than 63° C. or 145.4° F. sample bottle, the air bubble shall travel R egister. (c) Viscosity. Brake fluid when tested to the top of the fluid in not more than This amendment is made under the by the procedure specified in section 4.3 35 seconds. authority of sections 103, 117(c), and of SAE J70b shall have the following (h) Evaporation. When brake fluid is 119 of the National Traffic and Motor kinematic viscosities: SAE Type 70R1 tested by the procedure specified in sec­ Arctic at minus 55° C. or minus 67° F.— tion 4.8 of SAE J70b, loss by evaporation Vehicle Safety Act of 1966 (15 U.S.C. secs. not more than 1,500 centistokes; SAE shall not exceed 80 percent by weight. 1392, 1405(c), and 1407) and the dele­ Type 70R1 at minus 40° C. or minus 40° Residue from the brake fluid after evap­ gation of authority contained in the Reg­ F.—not more than 1,800 centistokes; SAE oration shall contain no precipitate that ulation of the Office of the Secretary (49 Type 70R1 and SAE Type 70R1 Arctic at remains gritty or abrasive when rubbed CFR § 1(c), and is effective upon publica­ 50° C. or 122° F.—not less than 3.5 centi­ with the fingertip. Residue shall have a stokes; and SAE Type 70R1 and SAE pour point below minus 5° C. or plus tion in the F ederal R egister. Type 70R1 Arctic at 100° C. or 212° F.— 23° F. Issued in Washington, D.C., on Decem­ not less than 1.3 centistokes. (i) Water tolerance. At minus 40° C. ber 24,1968. (d) pH value. Brake fluid when tested or minus 40° F., when brake fluid is tested by the procedure specified in section 4.4 by the procedure specified in section Lowell K. B ridwell, of SAE J70b shall have a pH value not 4.9(b) of SAE J70b, the black contrast Federal Highway Administrator. less than 7 nor more than 11.5. lines on a hiding power chart shall be

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 114 RULES AND REGULATIONS clearly discernible when viewed through amounts of tackiness, scoring, scuffing, (3) The test rubber cup shall show no the fluid in the centrifuge tube. The fluid blistering, cracking, chipping (heel disintegration, as evidenced by excessive shall show no stratification or sedimenta­ abrasion)-, or change in shape from tackiness, blisters, or sloughing indicated tion. Upon inversion of the centrifuge original appearance. by carbon black separation on the surface tube, the air bubble shall travel to the (5) During any period of 24,000 of the rubber cup. The hardness of the top of the fluid in not more than 10 sec­ strokes, the volume loss of fluid shall be rubber cup shall not decrease by more onds. At 60° C. or 140° F., when brake not more than 36 milliliters. than 15 degrees and the base diameter fluid is tested by the procedure specified (6) The cylinder pistons shall not shall not increase by more than 1.4 milli­ in section 4.9(b) of SAE J70b, the fluid freeze nor function improperly through­ meters or 0.055 inch. shall show no stratification, and sedi­ out the test. (g) Fluidity and appearance at low mentation shall not exceed 0.05 percent (7) The volume loss of fluid during the temperatures. At minus 40° C. or minus by volume either before or after 100 strokes at the end of the test shall 40° F., when brake fluid is tested by the centrifuging. not be more than 36 milliliters. procedure specified in section 8.7(a) of (j) Compatibility. At minus 40° C. or (8) The condition of the fluid and SAE J70b, the black contrast lines on a minus 40° F., when brake fluid is tested brake cylinders at the end of test as hiding power chart shall be clearly dis­ by the procedure specified in section evidenced by sludging, jelling sedimenta­ cernible when viewed through the fluid 4.10(a) of SAE J70b, the black contrast tion, or grittiness shall not be such as in the sample bottle. The fluid shall show lines on a hiding power chart shall be would be likely to cause improper brake no stratification or sedimentation, and clearly discernible when viewed through action in actual service. upon Inversion of the sample bottle, the the fluid in the centrifuge tube. The fluid (9) The base diameter of the rubber air bubble shall travel to the top of the shall show no stratification or sedimenta­ cups shall not increase by more than 0.9 fluid in not more than 10 seconds. At tion at 60° C. or 140° F., when brake fluid millimeter or 0.35 inch. minus 50° C. or minus 58° F., when brake is tested by the procedure specified in S4.2 Requirements for SAE Type fluid is tested by the procedure specified section 4.10(b) of SAE J70b, the fluid 70R3. SAE Type 70R3 hydraulic brake in section 8.7(b) of SAE J70b, the black shall show no stratification, and sedi­ fluid shall meet the following require­ contrast lines on a hiding power chart mentation shall not exceed 0.05 percent ments when tested in accordance with shall be clearly discernible when viewed by- volume either before or after the designated procedures in SAE Stand­ through the fluid in the sample bottle. centrifuging. ard J70b dated May 1963 and editorially The fluid shall show no stratification or (k) Resistance to oxidation. Brake revised December 1963 for SAE 70R3: sedimentation, and upon inversion of the fluid when tested by the procedure speci­ (a) Boiling point. Brake fluid when sample bottle, the air bubble shall travel fied in section 4.11 of SAE J70b shall not tested by the procedure specified in sec­ to the top of the fluid in not more than cause the metal strips outside of the areas tion 8.1 of SAE J70b shall have a boil­ 35 seconds. in contact with the tinfoil to be pitted ing point not less than 190° C. or 374° F. (h) Evaporation. When brake fluid is nor roughened to an extent discernible (b) Flash point. Brake fluid when tested by the procedure specified in sec­ to the naked eye, but staining or dis­ tested by the procedure specified in sec­ tion 8.8 of SAE J70b, loss by evaporation coloration is permitted. No more than a tion 8.2 of SAE J70b shall have a flash shall not exceed 80 percent by weight. trace of gum shall be deposited on the point not less than 82° C. or 179.6° F. Residue from the brake fluid after test strips outside of the areas in con­ (c) Viscosity. Brake fluid when tested evaporation shall contain no precipitate tact with the tinfoil. The aluminum by the procedure specified in section 8.3 that remains gritty or abrasive when strips shall not decrease in weight by of SAE J70b shall have the following rubbed with the fingertip. Residue shall more than • 0.05 milligram per square kinematic viscosities: At minus 40° C. have a pour point below minus 5° C. or centimeter and the cast iron strips shall or minus 40° F.—not more than 1,800 plus 23° F. not decrease in weight by more than 0.3 centistokes; at 50° C. or 122° F.—not less (i) Water tolerance. At minus 40° C. milligram per square centimeter. than 4.2 centistokes; and at 100° C. or or minus 40° F., when brake fluid is tested (l) Effect on rubber. Rubber brake 212° F.—not less than 1.5 centistokes. by the procedure specified in section cups subjected to brake fluid as speci­ (d) pH value. Brake fluid when tested 8.9(a) of SAE J70b, the black contrast fied in section 4.12 of SAE J70b shall by the procedure specified in section 8.4 lines on a hiding power chart shall be show no increase in hardness, shall not of SAE J70b shall have a pH value not clearly discernible when viewed through decrease in hardness by more than 10 less than 7 or more than 11.5. the fluid in the centrifuge tube. The fluid degrees and shall show no disintegration (e) Stability at high temperature. shall show no stratification or sedimenta­ as evidenced by excessive tackiness, When tested by the procedure specified in tion. Upon inversion of the centrifuge blisters, or sloughing indicated by carbon section 8.5 of SAE J70b, the boiling point tube, the air bubble shall travel to the black separation on the surface of the of'the brake fluid shall not be less than top of the fluid in not more than 10 sec­ rubber cup. The increase in the diameter 188° C. or 370.4° F. and shall not change onds. At 60° C. or 140° F., when brake of the base of the cups shall not be less by more than 5° C. or 9° F. for brake fluid is tested by the procedure specified than 0.15 millimeter or 0.006 inch nor fluids boiling below 225° C. or 437° F. in section 8.9(b) of SAE J70b, the fluid more than 1.4 millimeters or 0.055 inch. nor by more than 5° C. or 9° F. plus 0.55° shall show no stratification and sedimen­ (m) Simulated service performance. for each degree that the boiling point tation shall not exceed 0.05 percent by Brake fluid when tested by the proce­ exceeds 225° C. or 437° F. volume either before or after centri­ dure specified in section 4.13 of SAE (f) Corrosion. (1) Brake fluid when fuging. J70b shall meet the following perform­ tested by the procedure specified in sec­ (j) Compatibility. At minus 40° C. or ance requirements: tion 8.6 of SAE J70b shall not cause cor­ minus 40° F., when brake fluid is tested (1) Metal parts shall not show cor­ rosion exceeding the limits shown in by the procedure specified in section rosion as evidenced by pitting to an ex­ Table 1. The metal strips outside of the 8.10(a) of SAE J70b, the black contrast tent discernible to the naked eye, but area where the strip« are in contact shall lines on a hiding power chart shall be staining or discoloration shall be neither be pitted nor roughened to an clearly discernible when viewed through permitted. extent discernible to the naked eye, but the fluid in the centrifuge tube. The fluid (2) The initial diameter of any cylin­ staining or discoloration is permitted. shall show no stratification or sedimenta­ der or piston shall not change by more (2) The fluid-water mixture shall showtion. At 60° C. or 140° F., when brake than 0.13 millimeter or 0.005 inch during no jelling at 23° ±5° C. or 73.4°±9° F; No fluid is tested by the procedure specified test. crystalline-type deposit shall form and in section 8.10(b) of SAE J70b, the fluid (3) The average lip diameter inter­ adhere to either the glass jar walls or shall show no stratification, and sedimen­ ference set of the rubber cups shall not the surface of metal strips. The fluid- tation shall not exceed 0.05 percent by be greater than 65 percent. water mixture shall contain no more than volume either or after centrifuging. (4) Rubber cups shall not decrease in 0.10 percent sediment by volume. The (k) Resistance to oxidation. Brake hardness by more than 10 degrees and fluid-water mixture shall have a pH fluid when tested by the procedure speci­ shall not be in an unsatisfactory opera­ value of not less than 7 nor more than fied in section 8.11 of SAE J70b shall not ting condition as evidenced by excessive 11.5. cause the metal strips outside of the

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 115 areas In contact with the tinfoil to be tion, or grittiness shall not be such as tary (49 CFR 1(c)), and is effective pitted nor roughened to an extent dis­ would be likely to cause improper brake upon publication in the F ederal R egis­ cernible to the naked eye, but stain­ action in actual service. ter. ing or discoloration is permitted. No (9) The base diameter of the rubber more than a trace of gum shall be de­ cups shall not increase by more than 0.9 Issued in Washington, D.C.,' on De­ posited on the test strips outside of the millimeter or 0.035 inch. cember 24, 1968. areas in contact with the tinfoil. The T able I— Corrosion T est Strips and Weight Lowell K. B ridwell, aluminum strips shall not decrease in Changes Federal Highway Administrator. weight by more than 0.05 milligram per Weight Motor Vehicle S afety S tandard No. 209 square centimeter and the cast iron Test strip change1 strips shall not decrease in weight by Tinned iron, type I, grade 1, class A-2 SEAT BELT ASSEMBLIES---PASSENGER CARS, more than 0.3 milligram per square of Federal Specification QQ-T-425_ 0. 2 MULTIPURPOSE PASSENGER VEHICLES, centimeter. Steel, SAE 1010______. 2 TRUCKS, AND BUSES (1) Effect on rubber. (1) Rubber brake Aluminum, SAE AA2024______;__ . l cups subjected to brake fluid as speci­ Cast iron, SAE 111 or strips from hous­ 51. Purpose and Scope. This standard fied in section 8.12(a) of SAE J70b shall ing of wheel brake cylinder, smooth specifies requirements for seat belt as­ machined surfaces______. 2 semblies. show no increase in hardness, shall not Brass, SAE 70C______. 4 52. Application. This standard applies decrease in hardness by more than 10 Copper, SAE 71______. 4 degrees, and shall show no disintegra­ to seat belt assemblies for use in pas­ tion as evidenced by excessive tackiness, 1 Maximum permissible weight change in senger cars, multipurpose passenger ve­ milligram per square centimeter of surface. hicles, trucks, and buses. blisters, or sloughing indicated by car­ 53. Definitions. “Seat belt assembly” bon black separation on the surface of [F.R. Doc. 69-4; Filed, Jan. 3, 1969; the rubber cup. The increase in the diam­ 8:45 a.m.] means any strap, webbing, or sim ilar eter of the base of the cups shall not device designed to secure a person in a be less than 0.15 millimeter or 0.006 inch motor vehicle in order to mitigate the nor more than 1.4 millimeters or 0.055 PART 371'— FEDERAL MOTOR VEHI­ results of any accident, including all inch. CLE SAFETY STANDARDS necessary buckles and other fasteners, (2) Rubber brake cups subjected to and all hardware designed for installing brake fluid as specified in section 8.12(b) Motor Vehicle Safety Standard No. such seat belt assembly in a motor 209; Seat Belt Assemblies vehicle. of SAE J70b shall show no increase in “Pelvic restraint” means a seat belt hardness, shall not decrease in hardness Motor Vehicle Safety Standard No. 209 assembly or portion thereof intended to by more than 15 degrees, and shall show (32 F.R. 2415, as amended 32 P.R. 3310), restrain movement of the pelvis. no disintegration as evidenced by exces­ specifies requirements for seat belt as­ “Upper torso restraint” means a por­ sive tackiness, blisters, or sloughing in­ semblies for use in passenger cars, multi­ tion of a seat belt assembly intended to dicated by carbon black separation on the purpose passenger vehicles, trucks, and restrain movement of the chest and surface of the rubber cup. The increase buses, incorporating by reference the re­ shoulder regions. in the diameter of the base of the* cups quirements of Department of Commerce, “Hardware” means any metal or rigid shall not be less than 0.15 millimeter or National Bureau of Standards, Stand­ plastic part of a seat belt assembly. 0.006 inch nor more than 1.4 millimeters ards for Seat Belts for Use in Motor “Buckle” means a quick release con­ or 0.055 inch, Vehicles (15 CFR Part 9; 31 F.R. 11528). nector which fastens a person in a seat (m) Similated service performance. The Administrator of the Federal belt assembly. Brake fluid when tested by both Proce­ Highway Administration has determined “Attachment hardware” means any or dure I and Procedure n specified in sec­ in the interests of clarity and ease of all hardware designed for securing the tion 8.13 of SAE J70b shall meet the reference that the requirements specified webbing of a seat belt assembly to a following performance requirements: by 15 CFR Part 9 should be incorporated motor vehicle. (1) Metal parts shall not show corro­ into Standard No. 209 where it is pres­ “Adjustment hardware” means any or sion as evidenced by pitting to an extent ently incorporated only by reference. all hardware designed for adjusting the discernible to the naked eye, but stain­ Therefore Standard No. 209 is hereby size of a seat belt assembly to fit the user, ing or discoloration shall be permitted. amended by deleting present paragraph including such hardware that may be in­ (2) The initial diameter of any S3 and adding new paragraphs S3, S4, tegral with a buckle, attachment hard­ cylinder or piston shall not change by and S5, so as to incorporate the require­ ware, or retractor. more than 0.13 millimeter or 0.005 inch ments of 15 CFR Part 9. Accordingly “Retractor” means a device for storing during test, 15 CFR Part 9 is hereby deleted. part or all of the webbing in a seat belt (3) The average lip diameter inter­ Since this amendment imposes no ad­ assembly. ference set of the rubber cups shall not ditional burden on any person and in­ “Nonlocking retractor” means a re­ be greater than 65 percent. volves no substantive change in the re­ tractor from which the webbing is ex­ (4) Rubber cups shall not decrease in quirements of Standard No. 209, notice tended to essentially its full length by a hardness by more than 10 degrees in and public procedure hereon are un­ small external force, which provides no procedure I or by more than 15 degrees necessary and good cause is shown that adjustment for assembly length, and in Procedure n and shall not be in an an effective date earlier than 180 days which may or may not be capable of sus­ unsatisfactory operating condition as after issuance is in the public interest taining restraint forces at maximum evidenced by excessive amounts of and the amendment may be made effec­ webbing extension. tackiness, scoring, scuffing, blister­ tive less than 30 days after publication “Automatic-locking retractor” means ing, cracking, chipping (heel abrasion), in the F ederal R egister. The require­ a retractor incorporating adjustment or change in shape from original ment of former paragraph S3 of Stand­ hardware by means of a positive self­ appearance. ard No. 209 that seat belt assemblies locking mechanism which is capable (5) During any period of 24,000 shall use the attachment hardware when locked of withstanding restraint strokes the volume loss of fluid shall not specified in 15 CFR 9.3(f) “or approved forces. be more than 36 milliliters. equivalent hardware” has been incor­ “Emergency-locking retractor” means (6) The cylinder pistons shall not porated into new paragraph S4.1(f) of a retractor incorporating adjustment freeze nor function improperly through­ Standard No. 209. hardware by means of a locking mecha­ out the test. This amendment is made under the nism that is activated by vehicle accel­ (7) The volume loss of fluid during the authority of sections 103, 117(c), and eration, webbing movement relative to 100 strokes at the end of the test shall 119 of the National Traffic and Motor the vehicle, or other automatic action not be more than 36 milliliters. Vehicle Safety Act of 1966 (15 U.S.C. during an emergency and is capable when (8) The condition of the fluid and secs. 1392, 1405(c), and 1407) and the locked of withstanding restraint forces. brake cylinders at the end of test as evi­ delegation of authority contained in the “Seat back retainer” means the por­ denced by sludging, jelling, sedimenta­ Regulations of the Office of the Secre­ tion of some seat belt assemblies de-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 116 RULES AND REGULATIONS signed to restrict forward movement of a in accordance with SAE Recommended facturer or distributor, or of importer seat back. Practice, Motor Vehicle Seat Belt In­ if manufactured outside the United “Webbing” means a narrow fabric stallations—SAE J800b, published by the States. A model shall consist of a single woven with continuous filling yarns and Society of Automotive Engineers, Two combination of webbing having a spe­ finished selvages. Pennsylvania Plaza, New York, N.Y. cific type of fiber weave and construction, “Strap” means a narrow nonwoven 10001, or approved equivalent hardware, and hardware having a specific design. material used in a seat belt assembly in except that seat belt assemblies designed Webbings of various colors may be in­ place of webbing. for installation in motor vehicles cluded under the same model, but web­ “Type 1 seat belt assembly” is a lap equipped with seat belt anchorages shall bing of each color shall comply with the belt for pelvic restraint. not require underfloor hardware, but requirements for webbing in S4.2. “Type 2 seat belt assembly” is a combi­ shall have 7/i6-20 UNF-2A, y2-13 UNC- (l) Installation iyistructions. A seat nation of pelvic and upper torso 2A, or nonthreaded fasteners as required belt assembly or retractor shall be ac­ restraints. by the particular vehicle. The hardware companied by an instruction sheet pro­ “Type 2a shoulder belt” is an upper shall be designed to prevent attaching viding sufficient information for in­ torso restraint for use only in conjunc­ bolts and other parts becoming disen­ stalling the assembly in a motor vehicle tion with a lap belt as a Type 2 seat belt gaged from the vehicle in service. Re­ except for a seat belt assembly installed assembly. inforcing plates or washers furnished for in a motor vehicle by an automobile “Type 3 seat belt assembly” is a com­ universal floor installations shall be of manufacturer. The installation instruc­ bination pelvic and upper torso restraint steel, free from burrs and sharp edges tions shall state whether the assembly for persons weighing not more than 50 on the peripheral edges adjacent to the is for universal installation or for in­ pounds or 23 kilograms and capable of vehicle, not less than 0.06 inch or 1.5 stallation only in specifically stated sitting upright by themselves, that is millimeters in thickness nor less than 4 motor vehicles, and shall include at least children in the approximate age range of square inches or 25 square centimeters those items in SAE Recommended 8 months to 6 years. in projected area. The distance between Practice, Motor Vehicle Seat Belt In­ S4 Requirements. any edge of the plate and the edge of the stallations—SAE J800b, published by the S4.1 (a) Single occupancy. A seat belt bolt hole shall be at least 0.6 inch or 15 Society of Automotive Engineers. assembly shall be designed for use by millimeters and any corner shall be (m) Usage and maintenance instruc­ one, and only one, person at any one rounded to a radius of not less than 0.25 tions. A seat belt assembly or retractor time. inch or 6 millimeters, or cut at a 45° shall be accompanied by written instruc­ (b) Pelvic restraint. A seat belt assem­ angle along a hypotenuse not less than tions for the proper use of the assembly, bly shall provide pelvic restraint whether 0.25 inch or 6 millimeters in length. stressing particularly the importance of or not upper torso restraint is pro­ (g) Adjustment. A Type 1 or Type 2 wearing the assembly snugly and prop­ vided, and the pelvic restraint shall be seat belt assembly shall be capable of erly located on the body, and on the designed to remain on the pelvis under snug adjustment by the occupant by a maintenance of the assembly and all conditions, including collision or roll­ means easily within his reach and easily periodic inspection of all components. over of the motor vehicle. Pelvic restraint operable without appreciable interfer­ The instructions shall show the proper of a Type 2 seat belt assembly that can ence with the driving process, or shall be manner of threading webbing in the be used without upper torso restraint provided with an automatic-locking or hardware of seat belt assemblies in which shall comply with requirement for Type emergency-locking retractor. A Type 3 the webbing is not permanently fastened. 1 seat belt assembly in S4.1 to S4.4. seat belt assembly shall be capable of Instructions for a nonlocking retractor (c) Upper torso restraint. A Type 2 or snug adjustment to fit any child capable shall include a caution that the webbing type 3 seat belt assembly shall provide of sitting upright and weighing not more must be fully extended from the retractor upper torso restraint without shifting the than 50 pounds or 23 kilograms unless during use of the seat belt assembly un­ pelvic restraint into the abdominal re­ specifically labeled for use with a child less the retractor is attached to the free gion. An upper torso restraint shall be in a smaller weight range. end of webbing which is not subjected designed to minimize vertical forces on (h) Seat back retainer. A Type 3 seat to any tension during restraint of an the shoulders and spine. Hardware for belt assembly designed for attachment to occupant by the assembly. Instructions upper torso restraint shall be so designed a seat back or for use in a seat with a for Type 2a shoulder belt shall include and located in the seat belt assembly hinged back shall include a seat back re­ a warning that the shoulder belt is not that the possibility of injury to the occu­ tainer unless such assembly is designed to be used without a lap belt. pant is minimized. and labeled for use in specific models of (n) Workmanship. Seat belt as­ A Type 2a shoulder belt shall comply motor vehicles in which the vehicle man­ semblies shall have good workmanship in with applicable requirements for a Type ufacturer has provided other adequate accordance with good commercial prac^ 2 seat belt assembly in S4.1 to S4.4, in­ restraint for the seat back. tice. clusive. (i) Webbing. The ends of webbing in a S4.2 Requirements for webbing. (d) Hardware. All hardware parts seat belt assembly shall be protected or (a) Width. The webbing in a seat belt which contact under normal usage a per­ treated to prevent raveling. The end of assembly shall be not less in width than son, clothing, or webbing shall be free webbing in a seat belt assembly having the followings dimensions when meas­ from burrs and sharp edges. a metal-to-metal buckle that is used by ured under conditions prescribed in (e) Release. A Type 1 or Type 2 seat the occupant to adjust the size of the S5.1(a) : Type 1 seat belt assembly—1.8 belt assembly shall be provided with a assembly shall not pull out of the ad­ inches or 46 millimeters; Type 2 seat belt buckle or buckles readily accessible to the justment hardware at maximum size ad­ assembly—1.8 inches or 46 millimeters; occupant to permit his easy and rapid re­ justment. Provision shall be made for Type 3 seat belt assembly—0.9 inch or moval from the assembly. A Type 3 seat essentially unimpeded movement of web­ 23 millimeters. belt assembly shall be provided with a bing routed between a seat back and seat (b) Breaking strength. The webbing in quickly recognizable and easily operated cushion and attached to a retractor a seat belt assembly shall have not less release arrangement, readily accessible to located behind the seat. than the following breaking strength an adult. Buckle release mechanism shall (j) Strap. A strap used in a seat belt when tested by the procedures specified be designed to minimize the possibility of assembly to sustain restraint forces shall in S5.1(b) : Type 1 seat belt assembly— accidental release. A buckle with release comply with the requirements for web­ 6,000 pounds or 2,720 kilograms; Type 2 mechanism in the latched position shall bing in S4.2, and if the strap is made from seat belt assembly—5,000 pounds or 2,270 have only one opening in which the a rigid material, it shall comply with kilograms for webbing in pelvic restraint tongue can be inserted on the end of the applicable requirements in S4.2, S4.3, and and 4,000 pounds or 1,810 kilograms for buckle designed to receive and latch the S4.4. webbing in upper torso restraint; Type 3 tongue. (k) Marking. Each seat belt assembly seat belt assembly—1,500 pounds or 680 (f) Attachment hardware. A seat belt shall be permanently and legibly marked kilograms for webbing in pelvic and assembly shall include all hardware nec­ or labeled with year of manufacture, upper torso restraints, 4,000 pounds or essary for installation in a motor vehicle model, and name or trademark of manu­ 1,810 kilograms for webbing in seat back

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 117 retainer and for webbing connecting S4.3 Requirements for hardware. (d) Buckle release. (1) The buckle of pelvic and upper torso restraints to at­ (a) Corrosion resistance. (1) Attach­ a Type 1 or Type 2 seat belt assembly tachment hardware when assembly has ment hardware of a seat belt assembly shall release when a force of not more single webbing connection, or 3,000 after being subjected to the conditions than 30 pounds or 14 kilograms is ap­ pounds or 1,360 kilograms for webbing specified in S5.2(a) shall be free of fer­ plied, and the buckle of a Type 3 seat connecting pelvic and upper torso re­ rous corrosion on significant surfaces ex­ belt assembly shall release when a force straint to attachment hardware when cept for permissible ferrous corrosion at of not more than 20 pounds or 9 kilo­ assembly has two or more webbing peripheral edges or edges of holes on grams is applied as prescribed in S5.2. connections. underfloor reinforcing plates and (2) A buckle designed for pushbutton (c) Elongation. The webbing in a seat washers. Alternatively, such hardware at application of buckle release force shall belt assembly shall not extend to more or near the floor shall be protected have a minimum area of 0.7 square inch than the following elongations when sub­ against corrosion by at least a Type KS or 4.5 square centimeters with a mini­ jected to the specified forces in accord­ electrodeposited coating of nickel, or mum linear dimension of 0.4 inch or 10 ance with the procedure specified in copper and nickel, and other attachment millimeters for applying the release force, S5.1(c): Type 1 seat belt assembly—20 hardware shall be protected by a Type or a buckle designed for lever applica­ percent at 2,500 pounds or 1,130 kilo­ QS electrodeposited coating of nickel or tion of buckle release force shall permit grams; Type 2 seat belt assembly—30 copper and nickel, in accordance with the insertion of a cylinder 0.4 inch or 10 percent at 2,500 pounds or 1,130 kilo­ Tentative Specifications for Electro­ millimeters in diameter and 1.5 inches or grams for webbing in pelvic restraint deposited Coatings of Nickel and Chro­ 38 millimeters in length to at least the and 40 percent at 2,500 pounds or 1,130 mium on Steel, ASTM Designation: midpoint of the cylinder along the cylin­ kilograms for webbing in upper torso re­ A166-61T, published by the American So­ der’s entire length in the actuation por­ straint; Type 3 seat belt assembly—20 ciety for Testing and Materials, 1916 tion of the buckle release. A buckle hav­ percent at 700 pounds or 320 kilograms Race Street, Philadelphia, Pa. 19103, but ing other design for release shall have for webbing in pelvic and upper torso such hardware shall not be racked for adequate access for two or more fingers restraints, and 25 percent at 2,500 pounds electroplating in locations subjected to to actuate release. or 1,130 kilograms for webbing in seat maximum stresses. (3) A buckle actuated by a pushbutton back retainer and for webbing connect­ (2) Surfaces of buckles, retractors andshall not release under a compressive ing pelvic and upper torso restraints to metallic parts, other than attachment force of 400 pounds or 180 kilograms ap­ attachment hardware when assembly has hardware, of a seat belt assembly after plied as prescribed in S5.2(d) and shall be single webbing connection, or 25 percent subjection to the conditions specified in operable and meet the applicable require­ at 1,800 pounds or 820 kilograms for S5.2(a) shall be free of ferrous or non- ments of S4.4 upon removal of the com­ webbing connecting pelvic and upper ferrous corrosion which may be trans­ pressive force. torso restraints to attachment hardware ferred, either directly or by means of the (e) Adjustment force. The force re­ wjien assembly has two or more webbing webbing, to the occupant or his clothing quired to decrease the size of a seat belt connections. when the assembly is worn. After test, assembly shall not exceed 11 pounds or (d) Resistance to abrasion. The web­ buckles shall conform to applicable re­ 5 kilograms when measured by the pro­ bing in a seat belt assembly after being quirements in paragraphs (d) to (g) cedure specified in S5.2(e). subjected to abrasion as specified in of this section. (f) Tilt-lock adjustment. The buckle S5.1(d) shall have a breaking strength (b) Temperature resistance. Plastic or of a seat belt assembly having tilt-lock not less than 75 percent of the strength other nonmetallic hardware parts of a adjustment shall lock the webbing when before abrasion when measured by the seat belt assembly when subjected to the tested by the procedure specified in procedure specified in S5.1(b). conditions specified in S5.2(b) shall not S5.2(f) at an angle of not less than 30 (e) Resistance to light. The webbing warp or otherwise deteriorate to cause degrees between the base of the buckle in a seat belt assembly after exposure to the assembly to operate improperly or and the anchor webbing. the light of a carbon arc and tested by fail to comply with applicable require­ (g) Buckle latch. The buckle latch of the procedure specified in S5.1(e) shall ments in this section and S4.4, a seat belt assembly when tested by the have a breaking strength not less than 60 (c) Attachment hardware. (1) Eye procedure specified in S5.2(g) shall not percent of the strength before exposure bolts, shoulder bolts, or other bolts used fail, nor gall or wear to an extent that to the carbon arc and shall have a color to secure the pelvic restraint of a seat normal latching and unlatching is im­ retention not less than No. 2 on the Geo­ belt assembly to a motor vehicle shall paired, and a me tal-to-metal buckle shall metric Gray Scale published by the withstand a force of 9,000 pounds or 4,080 separate when in any position of partial American Association of Textile Chem­ kilograms when tested by the procedure engagement by a force of not more than ists and Colorists, Post Office Box 886, specified in S5.2(c) (l), except that at­ 5 pounds or 2.3 kilograms. Durham, N.C. tachment bolts of a seat belt assembly (h) Nonlocking retractor. The webbing (f) Resistance to micro-organisms. designed for installation in specific mod­ of a seat belt assembly shall extend from The webbing in a seat belt assembly after els of motor vehicles in which the ends a nonlocking retractor within 0.25 inch being subjected to micro-organisms and of two or more seat belt assemblies can or 6 millimeters of maximum length when tested by the procedures specified in not be attached to the vehicle by a single a tension is applied as prescribed in S5.2 S5.1(f) shall have a breaking strength bolt shall have a breaking strength of (h). A nonlocking retractor on upper- not less than 85 percent of the strength not less than 5,000 pounds or 2,270 kilo­ torso restraint shall be attached to the before subjection to micro-organisms. grams. nonadjustable end of the assembly, the (g) Colorfastness to crocking. The (2) Other attachment hardware de­ reel of the retractor shall be easily visi­ webbing in a seat belt assembly shall not signed to receive the ends of two seat belt ble to an occupant while wearing the as­ transfer color to a crock cloth either wet assemblies shall withstand a tensile force sembly, and the maximum retraction or dry to a greater degree than Class 3 of at least 6,000 pounds or 2,720 kilo­ force shall not exceed 1.1 pounds or 0.5 on the AATCC Chart for Measuring grams without fracture of any section kilogram in any strap or webbing that Transference of Color published by the when tested by the procedure specified in contacts the shoulder when measured American Association of Textile Chem­ S5.2(c) (2). by the procedure specified in S5.2(h), ists and Colorists, when tested by the (3) A seat belt assembly having single unless the retractor is attached to the procedure specified in S5.1(g). attachment hooks of the quick-discon- free end of webbing which is not sub­ (h) Colorfastness to staining. The nect type for connecting webbing to an jected to any tension during restraint of webbing in a seat belt assembly shall not eye bolt shall be provided with a retain­ an occupant by the assembly. stain to a greater degree than Class 3 on (i) Automatic-locking retractor. The the AATCC Chart for Measuring Trans­ ing latch or keeper which shall not move more than 0.08 inch or 2 millimeters in webbing of a seat belt assembly equipped ference of Color published by the Amer­ with an automatic locking retractor, ican Association of Textile Chemists and either the vertical or horizontal direc­ when tested by the procedure specified in Colorists, when tested by the procedure tion when tested by the procedure speci­ S5.2(i), shall not move more than 1 inch specified in S5.1 (h). fied in S5.2(c) (3). or 25 millimeters between locking posi-

No. 3-----2 FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 118 RULES AND REGULATIONS tions of the retractor, and shall be re­ (2) The structural components in the error of not more than 1 percent in the tracted with a force under zero accelera­ upper torso restraint shall withstand a range of the breaking strength of the tion of not less than 0.6 pound or 0.27 force of not less than 1,500 pounds or webbing by the Tentative Methods of kilogram when attached to pelvic re­ 680 kilograms. Verification of Testing Machines, ASTM straint, and not less than 0.45 pound or (3) The structural components in the Designation: E4-64, published by the 0.2 kilogram nor more than 1.1 pounds assembly that are common to pelvic and American Society for Testing and Mate­ or 0.5 kilogram in any strap or webbing Upper torso restraints shall withstand rials, 1916 Race Street, Philadelphia, Pa. that contacts the shoulders of an occu­ a force of not less than 3,000 pounds or 19103. pant when the retractor is attached to 1,360 kilograms. The machine shall be equipped with upper torso restraint. An automatic lock­ (4) The length of the pelvic restraint split drum grips illustrated in Figure 1, ing retractor attached to upper torso re­ between anchorages shall not increase having a diameter between 2 and 4 inches straint shall not increase the restraint on more than 20 inches or 50 centimeters or 5 and 10 centimeters. The rate of grip the occupant of the seat belt assembly when subjected to a force of 2,500 pounds separation shall be between 2 and 4 during use in a vehicle traveling over or 1,130 kilograms. inches per minute or 5 and 10 centimeters rough roads as prescribed in S5.2(i). (5) The length of the upper torso re­ per minute. The distance between the (j) Emergency-locking retractor. An straint between anchorages shall not in­ centers of the grips at the start of the emergency-locking retractor used on a crease more than 20 inches or 50 centi­ test shall be between 4 and 10 inches or Type 1 or Type 2 seat belt assembly, meters when subjected to a force of 10 and 25 centimeters. After placing the when tested by the procedure specified in 1,500 pounds or 680 kilograms. specimen in the grips, the webbing shall S5.2(j) shall lock before the webbing ex­ (6) Any webbing cut by the hardware be stretched continuously at a uniform tends 1 inch or 2.5 centimeters when the during test shall have a breaking rate to failure. Each value shall be not retractor is subjected to an acceleration strength of not less than 3,500 pounds less than the applicable breaking of 0.5 gravity or 5 meters per second per or 1,590 kilograms at a cut in webbing strength requirement in S4.2(b) , but the second, and shall exert a retraction force of the pelvic restraint, or not less than median value shall be used for determin­ under zero acceleration of not less than 2.800 pounds or 1,270 kilograms at a cut ing the retention of breaking strength in 1.5 pounds or 0.7 kilogram when attached in webbing of the upper torso restraint. paragraphs (d), (e), and (f) of this to a pelvic restraint, and not less than (7) Complete fracture through any section. 0.45 pound or 0.2 kilogram nor more than solid section of metal attachment hard­ (c) Elongation. Elongation shall be 1.1 pounds or 0.5 kilogram in any strap or ware shall not occur during test. measured during the breaking strength webbing that contacts the shoulder when (c) Type 3 seat belt assembly. Thetest described in paragraph (b) of this attached to an upper torso restraint. complete seat belt assembly including section by the following procedure: A (k) Performance of retractor. A re­ webbing, straps, buckles, adjustment and preload between 44 and 55 pounds or 20 tractor used on a seat belt assembly after attachment hardware, and retractors and 25 kilograms shall be placed on the subjection to the tests specified in S5.2 shall comply with the following require­ webbing mounted in the grips of the test­ (k) shall comply with applicable re­ ments when tested by the procedures ing machine and the needle points of an quirements in paragraphs (h) to (j) of specified in S5.3(c): extensometer, in which the points re­ this section and S4.4, except that the (1) The complete assembly shall with­ main parallel during test, are inserted in retraction force shall be not less than 50 stand a force of 2,000 pounds or 900 the center of the specimen. Initially the percent of its original retraction force. kilograms. points shall be set at a known distance S4.4 Requirements for assembly (2) The complete assembly shall ex­ apart between 4 and 8 inches or 10 and performance. tend not more than 12 inches or 30 centi­ 20 centimeters. When the force on the (a) Type 1 seat "belt assembly. The meters when subjected to a force of 2,000 webbing reaches the value specified in complete seat belt assembly including pounds or 900 kilograms. S4.2(c), the increase in separation of the webbing, straps, buckles, adjustment and (3) Any webbing cut by the hardware points of the extensometer shall be meas­ attachment hardware, and retractors dining test shall have a breaking strength ured and the percent elongation shall be shall comply with the following require­ of not less than 1,050 pounds or 480 kilo­ calculated to the nearest 0.5 percent. ments when tested by the procedures grams at a cut in webbing of pelvic or Each value shall be not more than the specified in S5.3(a): upper torso restraints, or not less than "appropriate elongation requirement in (l) The assembly loop shall withstand 2.800 pounds or 1,270 kilograms at a cut S4.2(c). a force of not less than 5,000 pounds or in webbing of seat back retainer or in (d) Resistance to abrasion. The web­ 2,270 kilograms; that is, each structural webbing connecting pelvic and upper bing from three seat belt assemblies component of the assembly shall with­ torso restraint at attachment hardware. shall be tested for resistance to abrasion stand a force or not less than 2,500 (4) Complete fracture through any by rubbing over the hexagon bar pre­ pounds or 1,130 kilograms. solid section of metal attachment hard­ scribed in Figure 2 in the following man­ X2) The assembly loop shall extend ware shall not occur during test. ner: The webbing shall be mounted in not more than 7 inches or 18 centi­ S5 Demonstration Procedures. the apparatus shown schematically in meters when subjected to a force of 5,000 S5.1 Webbing, (a) Width. The widthFigure 2. One end of the webbing (A) pounds or 2,270 kilograms; that is, the of webbing from three seat belt assem­ shall be attached to a weight (B) which length of the assembly between anchor­ blies shall be measured after condition­ has a mass of 5.2±0.1 pounds or 2.35 ages shall not increase more than 14 ing for at least 24 hours in an atmosphere ±0.05 kilograms, except that a mass of inches or 36 centimeters. having relative humidity between 48 and 3.3 ±0.1 pounds or 1.50 ±0.05-kilograms (3) Any webbing cut by the hardware 67 percent and a temperature of 23° ± shall be used for webbing in pelvic and during test shall have a breaking 2° C. or 73.4±3.6° P. The tension during upper torso restraint of Type 3 seat belt strength at the cut of not less than 4,200 measurement of width shall be not more assembly.'The webbing shall be passed pounds or 1,910 kilograms. than 5 pounds or 2 kilograms on webbing over the two new abrading edges of the (4) Complete fracture through any from a Type 1 or Type 3 seat belt assem­ hexagon bar (C) and the other end at­ solid section of metal attachment hard­ bly, and 2,200±100 pounds or 1,000±50 tached to an oscillating drum (D) which ware shall not occur during test. kilograms on webbing from a Type 2 seat has a stroke of 13 inches or 33 centi­ (b) Type 2 seat belt assembly. The belt assembly. The width of webbing from meters. Suitable guides shall be used to components of a Type 2 seat belt as­ a Type 2 seat belt assembly may be prevent movement of the webbing along sembly including webbing, straps, buck­ measured during the breaking strength the axis of hexagonal bar C. Drum D les, adjustment and attachment hard­ test described in paragraph Ob) of this shall be oscillated for 5,000 strokes or ware, and retractors shall comply with section. 2,500 cycles at a rate of 60 ±2 strokes per the following requirements when tested (b) Breaking strength. Webbing fromminute or 30 ± 1 cycles per minute. The by the procedure specified in S5.3(b) :■ three seat belt assemblies shall be con­ abraded webbing shall be conditioned as (1) The structural components in theditioned in accordance with paragraph prescribed in paragraph (a) of this sec­ pelvic restraint shall withstand a force Ca) of this section and tested for break­ tion and tested for breaking strength by of not less than 2,500 pounds or 1,130 ing strength in a testing machine of the procedure described in paragraph kilograms. suitable capacity verified to have an (b) of this section. The median values

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 196V RULES AND REGULATIONS 119 for the breaking strengths determined American Association of Textile Chem­ (c) Attachment hardware. (1) Attach­ on abraded and unabraded specimens ists and Colorists, with the following ment bolts used to secure the pelvic re­ shall be used to calculate the percentage modifications: Distilled water shall be straint of a seat belt assembly to a motor of breaking strength retained. used, perspiration tester shall be used, vehicle shall be tested in a manner sim­ (e) Resistance to light. Webbing at the drying time in paragraph 4 of pro­ ilar to that shown in Figure 3. The load least 20 inches or 50 centimeters in length cedures shall be 4 hours, and section en­ shall be applied at an angle of 45° to the from three seat belt assemblies shall be titled “Evaluation Method for Staining axis of the bolt through attachment suspended vertically on the inside of the (3)” shall be used to determine color­ hardware from the seat belt assembly, specimen rack in a Type E carbon-arc fastness to staining on the AATCC Chart or through a special fixture which sim­ light-exposure apparatus described in for Measuring Transference of Colors. ulates the loading applied by the attach­ recommended Practice for Operation of S5.2 Hardware—(a) Corrosion resist­ment hardware. The attachment hard­ Light- and Water-Exposure Apparatus ance. Three seat belt assemblies shall be ware or simulated fixture shall be (Carbon-Arc Type) for Artificial Weath­ tested by Standard Method of Salt Spray fastened by the bolt to the anchorage ering Test, ASTM Designation: E42-64, (Fog) Testing, ASTM Designation: B shown in Figure 3, which has a standard published by the American Society for 117-64, published by the American So­ %6-20 UNF-2B or y2-13 UNC-2B Testing and Materials. The apparatus ciety for Testing and Materials. The pe­ threaded hole in a hardened steel plate shall be operated without water spray riod of test shall be 50 hours for all at­ at least 0.4 inch or 1 centimeter in thick­ at an air temperature of 60°±2° C. or tachment hardware at or near the floor, ness. The bolt shall be installed with two 140°±3.6° P. measured at a point 1±0.2 consisting of two periods of 24 hours ex­ full threads exposed from the fully inch or 25 ±5 millimeters outside the posure to salt spray followed by 1 horn seated position. The appropriate force re­ specimen rack and midway in height. The drying and 25 hours for all other hard­ quired by S4.3(c) (1) shall be applied. A temperature sensing element shall be ware, consisting of one period of 24 hours bolt from each of three seat belt assem­ shielded from radiation. The specimens exposure to salt spray followed by 1 hour blies shall be tested. shall be exposed to the light from the drying. In the salt spray test chamber, (2) Attachment hardware, other than carbon arc for 100 hours and then con­ the parts from the three assemblies shall bolts, designed to receive the ends of two ditioned as prescribed in paragraph (a) be oriented differently, selecting those seat belt assemblies shall be subjected to of this section. The colorfastness of the orientations most likely to develop cor­ a tensile force of 6,000 pounds or 2,720 exposed and conditioned specimens shall rosion on the larger areas. At the end of kilograms in a manner simulating use. be determined on the Geometric' Gray test, the seat belt assembly shall be The hardware shall be examined for Scale issued by the American Association— washed thoroughly with water to remove fracture after the force is released. At­ of Textile Chemists and Colorists. The the salt. After drying for at least 24 hours tachment hardware from three seat belt breaking strength of the specimens shall under standard laboratory conditions assemblies shall be tested, be determined by the procedure pre­ specified in S5.1(a) attachment hard­ (3) Single attachment hook for con­ scribed in paragraph (b) of this section. ware shall be examined for ferrous corro­ necting webbing to any eye bolt shall be The median values for the breaking sion on significant surfaces, that is, all tested in the following manner: The hook strengths determined on exposed and un­ surfaces that can be contacted by a shall be held rigidly so that the retainer exposed specimens shall be used to calcu­ sphere 0.75 inch or 2 centimeters in di­ latch or keeper, with cotter pin or other late the percentage of breaking strength ameter, and other hardware shall be ex­ locking device in place, is in a horizontal retained. amined for ferrous and nonferrous corro­ position as shown in Figure 4. A force of (f) Resistance to micro-organisms. sion which may be transferred, either di­ 15.0±2 pounds or 68±1 kilograms shall Webbing at least 20 inches or 50 centi­ rectly or by means of the webbing, to a be applied vertically as near as possible meters in length from three seat belt as­ person or his clothing during use of a to the free end of the retainer latch, and semblies shall be subjected successively seat belt assembly incorporating the the movement of the latch by this force to the procedures prescribed in Section hardware. at the point of application shall be 1C1—Water Leaching, Section 1C2— Note: When attachement and other hard­ measured. The vertical force shall be re­ Volatilization, and Section 1B3—Soil ware are permanently fastened, by sewing leased, and a force of 150±2 pounds or Burial Test of AATCC Tentative Test or other means, to the same piece of webbing, 68 ±1 kilograms shall be applied hori­ Method 30—1957T, Fungicides, Evalua­ separate assemblies shall be used to test the zontally as near as possible to the free tion of Textiles; Mildew and Rot Resist­ two types of hardware. The test for corrosion end of the retainer latch. The movement ance of Textiles, published by American resistance shall not be required for attach­ of the latch by this force at the point of Association of Textile Chemists and ment hardware made from corrosion-resist­ load application shall be measured. Al­ Colorists. After soil-burial for a period ant steel containing, at least 11.5 percent ternatively, the hook may be held in of 2 weeks, the specimen shall be washed chroinium or for attachment hardware pro­ tected with an electrodeposited coating of other positions, provided the forces are in water, dried and conditioned as pre­ nickel, or copper and nickel, as prescribed in applied and the movements of the latch scribed in paragraph (a) of this section. S4.3(a). The assembly that has been used to are measured at the points indicated in The breaking strengths of the specimens test the corrosion resistance of the buckle Figure 4. A single attachment hook from shall be determined by the procedure shall be used to measure adjustment force, each of three seat belt assemblies shall prescribed in paragraph (b) of this sec­ tilt-lock adjustment, and buckle latch in be tested. tion. The median values for the breaking paragraphs (e), (f), and (g), respectively, of (d) Buckle release. (1) Three seat belt strengths determined on exposed and un­ this section, assembly performance in S5.3 assemblies shall be tested to determine exposed specimens shall be used to cal­ and buckle release force in paragraph (d) of this section. compliance with the maximum buckle culate the percentage of breaking release force requirements, following the strength retained. (b) Temperature resistance. Threeassembly test in S5.3. After subjection Note: This test shall not be required on seat belt assemblies having plastic or to the force applicable for the assembly webbing made from material which is in­ nonmetallic hardware or having retrac­ being tested, the force shall be reduced herently resistant to micro-organisms tors shall be subjected to the conditions and maintained at 150±10 pounds or (g) Colorfastness to crocking. Web­ prescribed in Procedure IV of Standard 68±4 kilograms on the assembly loop of bing from three seat belt assemblies shall Methods of Test for Resistance of Plas­ a Type 1 seat belt assembly, 75±5 be tested by the procedure specified in tics to Accelerated Service Conditions pounds or 34±2 kilograms on the com­ Standard Test Method 8—1961, Color­ published by the American Society for ponents of a Type 2 seat belt assembly, fastness to Crocking (Rubbing) pub­ Testing and Materials, under designa­ or 45±5 pounds or 20 ±2 kilograms on a lished by the American Association of tion D 756-56. The dimension and weight Type 3 seat belt assembly. The buckle Textile Chemists and Colorists. measurement shall be omitted. Buckles release force shall be measured by ap­ (h) Colorfastness to staining. Web­ shall be unlatched and retractors shall plying a force on the buckle in a manner bing from three seat belt assemblies shall be fully retracted during conditioning. and direction typical of that which be tested by the procedure specified in would be employed by a seat belt occu­ The hardware parts after conditioning pant. For lever release buckles, the force Standard Test Method 107—1962, Color­ shall be used for all applicable tests in shall be applied on the centerline of the fastness to Water, published by the S4.3 and S4.4. buckle lever or finger tab in such direc-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 120 RULES AND REGULATIONS tion as to produce maximum releasing (g) Buckle latch. The buckles from urements shall be made with the vehicle effect. A hole 0.1 inch or 2.5 millimeters three seat belt assemblies shall be opened stopped and the occupant in the normal in diameter may be drilled through the fully and closed at least 10 times. Then seated position. buckle tab or lever on the centerline of the buckles shall be clamped or firmly (j) Emergency-locking retractor. the lever between 0.12 and 0.13 inch or held against a flat surface so to to permit Three retractors shall be tested in a 3.0 and 3.3 millimeters from its edge, normal movement of buckle parts, but manner to permit the retraction force and a small loop of soft wire may be with the metal mating plate (metal-to- to be determined exclusive of the gravi­ used as the connecting link between the metal buckles) or webbing and (metal- tational forces on hardware or webbing buckle tab or lever and the force measur­ to-webbing buckles) withdrawn from the being retracted. The webbing shall be ing device. buckle. The release mechanism shall be fully extended from the retractor pass­ (2) . The area for application of releasemoved 200 times through the maximum ing over or through any hardware or force on pushbutton actuated buckle possible travel against its stop with a other material specified in the installa­ shall be measured to the nearest 0.05 force of 30±3 pounds or 14±1 kilograms tion instructions. While the webbing is square inch or 0.3 square centimeter. The at a rate not to exceed 30 cycles per being retracted, the lowest force of re­ cylinder specified in S4.3(d) shall be in­ minute. The buckle shall be examined traction within plus or minus 2 inches or serted in the actuation portion of a lever to determine compliance with the per­ 5 centimeters of 75 percent extension (25 released buckle for determination of formance requirements of S4.3(g). A percent retraction) shall be determined. compliance with the requirement. A metal-to-metal buckle shall be examined The retractor shall be subjected to an buckle with other release actuation shall to determine whether partial engagement acceleration of 0.5 gravity or 5 meters be examined for access of release by is possible by means of any technique per second per second within a period of fingers. representative of actual use. If partial 50 milliseconds, while the webbing is at (3) A buckle having pushbutton engagement is possible, the maximum 75 percent extension, and the webbing actuation of buckle release shall be sub­ force of separation when in such partial movement before locking shall be meas­ jected to a compression force of 400 engagement shall be determined. ured under the following conditions: pounds or 180 kilograms applied at the (h) Nonlocking retractor. After the For a retractor sensitive to webbing center of the pushbutton opening retractor is cycled 10 times by full ex­ withdrawal, the retractor shall be accel­ through a cylindrical bar 0.75 inch or 2 tension and retraction of the webbing, erated in the direction of webbing with­ centimeters in diameter and curved to the retractor and webbing shall be sus­ drawal while oriented horizontally and a radius of 6 inches or 15 centimeters. pended vertically and a force of 4 pounds at angles of 45°, 90°, 135°, and 180° to The bar shall be placed across the cen­ or 1.8 kilograms shall be applied to ex­ the horizontal plane. For a retractor ter of the pushbutton opening parallel tend the webbing from the retractor. sensitive to vehicle acceleration, the re­ to the direction of the webbing. The The force shall be reduced to 3 pounds tractor shall be accelerated in three di­ buckle shall be engaged and a tensile or 1.4 kilograms when attached to a rections normal to each other while force of 75 pounds or 34 kilograms shall pelvic restraint, or to 1.1 pounds or 0.5 oriented horizontally and at angles of be applied to the connected webbing kilogram per strap or webbing that con­ 45°, 90°, 135°, and 180° to the horizontal during the application of the compres­ tacts the shoulder of an occupant when plane unless the retractor locks by gravi­ sion force. Buckles from three seat belt retractor is attached to an upper torso tational force when tilted in any direc­ assemblies shall be tested to determine restraint. The residual extension of the tion to an angle of 45° or more. compliance with S4.3(d). webbing shall be measured by manual (k) Performance of retractor. After (e) Adjustment force. Three seat belt rotation of the retractor drum or by completion of the corrosion-resistance assemblies shall be tested for adjustment disengaging the retraction mechanism. test described in paragraph (a) of this force on the webbing at the buckle, or Measurements shall be made on three section, the webbing shall be fully ex­ other manual adjusting device normally retractors. The location of the retractor tended and allowed to dry for ajt least 24 used to adjust the size of the assembly. attached to upper torso restraint shall hours under standard laboratory condi­ With no load on the anchor end, the web­ be examined for visibility of reel during tions specified in S5.1(a). The retractor bing shall be drawn through the adjust­ use of seat belt assembly in a vehicle. shall be examined for ferrous and non- ing device at a rate of 20±2 inches per Note: This test shall not be required on a ferrous corrosion which may be trans­ minute or 50±5 centimeters per minute nonlocking retractor attached to the free-end ferred, either directly or by means of the and the maximum force shall be meas­ of webbing which is not subjected to any wedding, to a person or his clothing dur­ ured to the nearest 0.25 pound or 0.1 tension during restraint of an occupant by ing use of a seat belt assembly incorpo­ kilogram after the first 1 inch or 25 the assembly. rating the retractor,, and for ferrous millimeters of webbing movement. The (i) Automatic-locking retractor. corrosion on significant surfaces if the webbing shall be precycled 10 times prior Three retractors shall be tested in a retractor is part of the attachment hard­ to measurement. manner to permit the retraction force ware. The webbing shall be withdrawn (f) Tilt-lock adjustment. This test to be determined exclusive of the gravi­ manually and allowed io retract for 25 shall be made on buckles or other manual tational forces on hardware or webbing cycles. The retractor shall be mounted adjusting devices having tilt-lock adjust­ being retracted. The webbing shall be in an apparatus capable of extending the ment normally used to adjust the size of fully extended from the retractor. While webbing fully, applying a force of 20 the assembly. Three buckles or devices the webbing is being retracted, the aver­ pounds or 9 kilograms at full extension, shall be tested. The base of the adjust­ age force or retraction within plus or and allowing the webbing to retract freely ment mechanism and the anchor end of minus 2 inches or 5 centimeters of 75 and completely. The webbing shall be the webbing shall be oriented in planes percent extension (25 percent retrac­ withdrawn from the retractor and al­ normal to each other. The webbing shall tion) shall be determined and the web-* lowed to retract repeatedly in this ap­ be drawn through the ajustment mecha­ bing movement between adjacent locking paratus until 2,500 cycles are completed. nism in a direction to increase belt segments shall be measured in the same The retractor and webbing shall then be length at a rate of 20±2 inches per min­ region of extension. A seat belt assembly subjected to the temperature resistance ute or 50±5 centimeters per minute with automatic locking retractor in upper test prescribed in paragraph (b) of this while the plane of the base is slowly torso restraint shall be tested in a vehicle section. The retractor shall be subjected rotated in a direction to lock the web­ in a manner prescribed by the installa­ to 2,500 additional cycles of webbing bing. Rotation shall be stopped when the tion and usage instructions. The retrac­ withdrawal and retraction. Then, the re­ webbing locks, but the pull on the web­ tion force on the occupant of the seat tractor and webbing shall be subjected bing shall be continued until there is a belt assembly shall be determined before to dust in a chamber similar to one illus­ resistance of at least 20 pounds or 9 kilo­ and after traveling for 10 minutes at a trated in Figure 8 containing about 2 grams. The locking angle between the speed of 15 miles per hour or 24 kilo­ pounds or 0.9 kilogram of coarse grade anchor end of the webbing and the base meters per hour or more over a rough dust conforming to the specification of the adjustment mechanism shall be road (e.g., Belgian block road) where given in SAE Recommended Practice, Air measured to the nearest degree. The web­ the occupant is subjected to displace­ Cleaner Test Code—SAE J726a, pub­ bing shall be precycled 10 times prior to ment with respect to the vehicle in both lished by the Society of Automotive En­ measurement horizontal and vertical directions. Meas­ gineers. The dust shall be agitated every

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 121 20 minutes for 5 seconds by compressed models of motor vehicles shall be in­ hardware. A tensile force of 2,500±25 air, free of oil and moisture, at a gage stalled to produce the maximum angle in pounds or 1,135±10 kilograms shall be pressure of 80 ±8 pounds per square inch use indicated by the installation instruc­ applied to the components or a force of or 5.6+0.6 kilograms per square centi­ tions, utilizing special fixtures if neces­ 5,000±50 pounds or 2,270±20 kilograms meter entering through an orifice 0.060 sary to simulate installation in the mptor shall be applied to an assembly loop. ±0.004 inch or 1.5 ±0.1 millimeters in vehicle. Rigid adapters between anchor­ After the force is removed, the breaking diameter. ’Hie webbing shall be extended age bar and attachment hardware shall strength of the cut webbing shall be to the top of the chamber and kept ex­ be used if necessary to locate and orient determined as prescribed above. tended at all times except that the web­ the adjustment hardware. The adapters (6) If a Type 1 seat belt assembly in­ bing shall be subjected to 10 cycles of shall have a flat support face perpen­ cludes an automatic-locking retractor or complete retraction and extension within dicular to the threaded hole for the an emergency-locking retractor, the web­ 1 to 2 minutes after each agitation of the attaching bolt and adequate in area to bing and retractor shall be subjected to dust. At the end of 5 hours, the assembly provide full support for the base of the a tensile force of 2,500±25 pounds or shall be removed from the chamber. The attachment hardware connected to the 1,135±10 kilograms with the webbing webbing shall be fully withdrawn from webbing. If necessary, a washer shall be fully extended from the retractor. the retractor manually and allowed to used under a swivel plate or other attach­ (7) If a seat belt asembly has a buckle retract completely for 25 cycles. An auto­ ment hardware to prevent the webbing in which the tongue is capable of inverted matic-locking retractor or a nonlocking from being damaged as the attaching bolt insertion, one of the three assemblies retractor attached to pelvic restraint is tightened. shall be tested with the tongue inverted. shall be subjected to 5,000 additional (3> The length of the assembly loop (b) Type 2 seat belt assembly. Compo­ cycles of webbing withdawal and retrac­ from attaching bolt to attaching bolt nents of three seat belt assemblies shall tion. An emergency-locking retractor or shall be adjusted to about 51 inches or be tested in the following manner: a nonlocking retractor attached to upper 130 centimeters, or as near thereto as (1) The pelvic restraint between an­ torso restraint shall be subjected to possible. A force of 55 pounds or 25 kilo­ chorages shall be adjusted to a length 45,000 additional cycles of webbing with­ grams shall be applied to the loop to re­ between 48 and 50 inches or 122 and 127 drawal and retraction between 50 and move any slack in webbing at hardware. centimeters, or as near this length as pos­ 100 percent extension. The locking The force shall be removed and the heads sible if the design of the pelvic restraint mechanism of an emergency locking re­ of the testing machine shall be adjusted does not permit its adjustment to this tractor shall be actuated at least 10,000 for an assembly loop between 48 and 50 length. An automatic-locking or emer­ times within 50 to 100 percent extension inches or 122 and 127 centimeters in gency-locking retractor when included in of webbing during the 50,000 cycles. At length. The length of the assembly loop a seat belt assembly shall be locked at the end of test, compliance of the re­ shall then be adjusted by applying a force the start of the test with a tension on tractors with applicable requirements in between 20 and 22 pounds or 9 and 10 the webbing slightly in excess of the S4.3 (h), (i), and (j) shall be determined. kilograms to the free end of the webbing retractive force in order to keep the re­ Three retractors shall be tested for at the buckle, or by the retraction force tractor locked. The attachment hardware performance. of an automatic-locking or emergency­ shall be oriented to the webbing as speci­ S5.3 Assembly Performance — (a) locking retractor. A seat belt assembly fied in paragraph (a) (2) of this section Type 1 seat belt assembly. Three com­ that cannot be adjusted to this length and illustrated in Figure 5. A tensile plete seat belt assemblies, including web­ shall be adjusted as closely as possible. force of 2,500+25 pounds or 1,135±10 bing, straps, buckles, adjustment and An automatic-locking or emergency­ kilograms shall be applied on the compo­ attachment hardware, and retractors, locking retractor when included in a seat nents in any convenient manner and the arranged in the form of a loop as shown belt assembly shall be locked at the start extension between anchorages under this in Figure 5, shall be tested in the fol­ of the test with a tension on the webbing force shall be measured. The force shall lowing manner: slightly in excess of the retractive force be reduced to 75+5 pounds or 34+2 kilo­ (1) The testing machine shall con­ in order to keep the retractor locked. The grams and the buckle release force meas­ form to the requirements specified in buckle shall be in a location so that it ured as prescribed in S5.2(d). S5.1(b). A double-roller block shall be does not touch the rollers during test, "'(2) The components of the upper torso attached to one head of the testing ma­ but to facilitate making the buckle re­ restraint shall be subjected to a tensile chine. This block shall consist of two lease test in S5.2(d) the buckle should be force of 1,500+15 pounds or 680+5 kilo­ rollers 4 inches or 10 centimeters in di­ between the rollers or near a roller in grams following the procedure prescribed ameter and sufficiently long so that no one leg. above for testing pelvic restraint and the part of the seat belt assembly touches (4) The heads of the testing machine extension between anchorages under this parts of the block other than the rollers shall be separated at a rate between 2 force shall be measured. If the testing during test. The rollers shall be mounted and 4 inches per minute or 5 and 10 apparatus permits, the pelvic and upper on antifriction bearings and spaced 12 centimeters per minute until a force of torso restraints may be tested simultane­ inches or 30 centimeters between centers, 5,000 ±50 pounds or 2,270 ±20 kilograms ously. The force shall be reduced to and shall have sufficient capacity so that is applied to the assembly loop. The ex­ 75+5 pounds or 34+2 kilograms and the there is no brinelling, bending or other tension of the loop shall be determined buckle release force measured as pre­ distortion of parts which may affect the from measurements of head separation scribed in S5.2(d). results. An anchorage bar shall be before and after the force is applied. The (3) Any component of the seat belt fastened to the other head erf the testing force shall be decreased to 150 ± 10 pounds assembly common to both pelvic and up­ machine. or 68 ±4 kilograms and the buckle release per torso restraint shall be subjected to (2) The attachment hardware fur­ force measured as prescribed in S5.2(d). a tensile force of 3,000±30 pounds or nished with the seat belt assembly shall (5) After the buckle is released, the 1,360+15 kilograms. be attached to the anchorage bar. The webbing shall be examined for cutting (4) After the buckle is released in tests anchor points shall be spaced so that the by the hardware. If the yams are par­ of pelvic and upper torso restraints, the webbing is parallel in the two sides of the tially or completely severed in a line for webbing shall be examined for cutting by loop. The attaching bolts shall be parallel a distance of 10 percent or more of the the hardware. If the yams are partially to, or at an angle of 45° or 90° to the web­ webbing width, the cut webbing shall be or completely severed in a line for a dis­ bing, whichever results in an angle near­ tested for breaking strength as specified tance of 10 percent or more of the web­ in S5.1(b) locating the cut in the free bing width, the cut webbing shall be est to 90° between webbing and attach­ length between grips. If there is insuffi­ tested for breaking strength as specified ment hardware except that eye bolts cient webbing on either side of the cut in S5.1(b) locating the cut in the free shall be vertical, and attaching bolts or to make such a test for breaking strength, length between grips. If there is insuf­ nonthreaded anchorages of a seat belt another seat belt assembly shall be used ficient webbing on either side of the cut assembly designed for use in specific with the webbing repositioned in the to make such a test for breaking strength,

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 122 RULES AND REGULATIONS another seat belt assembly shall be used applied. The extension of the seat belt with the webbing repositioned in the assembly shall be determined from meas­ hardware. The force applied shall be urement of head separation in the test­ 2,500±25 pounds or 1,135±10 kilograms ing machine before and after the force for components of pelvic restraint, and is applied. The force shall be reduced to l,500dtl5 pounds or 680±5 kilograms for 45±5 pounds or 20±2 kilograms and the components of upper torso restraint. release force of the buckle or buckles After the force is removed, the breaking measured as prescribed in S5.2(d). A seat strength of the cut webbing shall be de­ back retainer not connected to pelvic or termined as prescribed above. upper torso restraint shall be subjected (5) If a Type 2 seat belt assembly in­ separately to a force of 2,000 pounds or cludes an automatic-locking retractor or 900 kilograms. an emergency-locking retractor, the web­ (3) After the buckle is released, the bing and retractor shall be subjected to a webbing shall be examined for cutting tensile force of 2,500±25 pounds or by the hardware. If the yarns are par­ 1,135 ±10 kilograms with the webbing tially or completely severed in a line A - WEBBING fully extended from the retractor, or to for a distance of 10 percent or more of fi - WEIGHT a tensile force of 1,500±15 pounds or the webbing width, the cut webbing C-HEXAGONAL ROD 680 ±5 kilograms with the webbing fully shall be tested for breaking strength as . STEEL- SAE 51416 ROCKWELL HARDNESS - B-97 TO B-I0I extended from the retractor if the design specified in S5.1(b) locating the cut in SURFACE-COLD DRAWN FINISH of the assembly permits only upper torso the free length between grips. If there S IZ E -0.250 ± 0.001 INCH OR restraint forces on the retractor. 6.35 ± 0.03 MILLIMETER is insufficient webbing on either side of RADIUS ON ED G ES-0.020 ± 0.004 INCH OR (6) If a seat belt assembly has a buckle the cut to make such a test for breaking 0.5 ± 0,1 MILLIMETER in which the tongue is capable of inverted strength, another seat belt assembly shall D-DRUM DIAMETER-16 INCHES OR insertion, one of the three assemblies be used with the webbing repositioned 40 CENTIMETERS shall be tested with the tongue inverted. in the hardware. A tensile force shall be E-C R A N K (c) Type 3 seat belt assembly. Threeapplied to the components as follows: seat belt assemblies including webbing, F-CRANK ARM Webbing in pelvic or upper torso re­ G - ANGLE BETWEEN W EBBIN G-05 ± 2 DEGS. straps, buckles, adjustment and attach­ straint—700±7 pounds or 320±3 kilo­ ment hardware, and retractors shall be grams: webbing in seat back retainer or FIGURE 2 tested in the following manner: webbing connecting pelvic and upper (1) The testing machine shall con­ torso restraint to attachment hard­ form to the requirements specified in. ware—1,500±15 pounds or 680±7 kilo­ S5.1(b). A torso having the dimensions grams. After the force is removed, the shown in Figure 6 shall be attached to breaking strength of the cut webbing one head of the testing machine through shall be determined as prescribed above. a universal joint which is guided in es­ (4) If a seat belt assembly has a buckle sentially a frictionless manner to mini­ in which the tongue is capable of in­ mize lateral forces on the testing ma­ verted insertion, one of the three as­ chine. An anchorage and simulated seat semblies shall be tested with the tongue back shall be attached to the other head inverted. as shown in Figure 7. (2) Attachment hardware for an as­ sembly having single webbing connec­ tion shall be fastened at the anchor hole shown in Figure 7 which is centered along the length of the anchorage bar. At­ tachment hardware for an assembly having two webbing connectors shall be fastened at anchor holes 16 inches or 40 centimeters apart on the anchorage bar, equidistant from the center. Attach­ ment hardware for an assembly whose design precludes such attachment shall be fastened in accordance with the in­ stallation instructions. The back of the torso shall be positioned in a plane FORCE VERTICAL FORCE VERTICAL parallel to and at a distance of 4 inches 1 or 10 centimeters from the plane of the FORCE i- simulated seat back. The seat belt as­ H0RIZ9NTAL sembly shall be installed on the torso in accordance with installation instructions and the webbing to the attachment hard­ ware shall be adjusted with effectively 'FIXTURE' no slack. The heads of the testing ma­ chine shall be separated at a rate of be­ tween 2 and 4 inches per minute or 5 A I TO 2 INCHES OR 2.5 TO 5 CEN TIM ETER S mmfmfnftrr and 10 centimeters per minute until a B A MINUS 0 .0 6 INCH OR 0.15 C EN TIM ETER force of 2,000 pounds or 900 kilograms is FIGURE I, SINGLE ATTACHMENT HOOK

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 123 from the service, is offered and declines to accept an equivalent position in his agency, including an agency to which the employee with his function is trans­ ferred in a transfer of functions between agencies. For purposes of this subpara­ graph, an equivalent position is a posi­ tion of like seniority,' tenure, and pay other than a retained rate, (i) located within the employee’s commuting area, or (ii) located outside the employee’s commuting area when transportation and household moving expenses will be paid by the agency. * * * * * (8) This subpart does not apply to an employee in the excepted service serving under a Presidential appointment, under an appointment to a position filled by noncareer executive assignment under Part 305 of this chapter, or under an ap­ pointment to a Schedule C position in FIGURE 5. Part 213 of this chapter. ***** § 550.705 [Revoked] § 550.706 Resignation in lieu of invol­ untary separation. (a) Except as provided for in para­ [F.R. Doc. 69-5; Filed, Jan. 3, 1969; graph (b) of this section, an employee 8:45 a.m.] who is separated because of resignation is deemed to have been involuntarily separated for purposes of entitlement to severance pay, if he has not declined an Title 5— ADMINISTRATIVE offer of an equivalent position under § 550.701(b) (2), when he is separated PERSONNEL because of resignation (1) after receiving Chapter I— Civil Service Commission a specific notice in writing by his agency that he is to be involuntarily separated PART 550— PAY ADMINISTRATION not by removal for cause on charges of (GENERAL) misconduct, delinquency, or inefficiency, (2) after receipt of a general notice of Severance Pay reduction in force by his agency which . Section 550.701(b) is amended by re­ announces that all positions in his com­ vising subparagraph (2) to exclude from petitive area will be abolished or trans­ entitlement to severance pay, employees ferred to another commuting area and A B C D E P CH.I CTK L who are offered equivalent positions in a INCH IS 8 5.8 2.3 2 3 9 6.8 6.4 0.6 7.3 4.2 1.3 different commuting area when their his resignation is effective on a date CENTIMETER 38 20 14.5 5.3 1 3 23 17 16 1.5 12.5 10.7 3.3 FIGURE C. transportation and moving expenses will which is not more than 1 year before be paid by their agencies, and subpara­ the abolition or transfer, and (3) after graph (8) to exclude from entitlement receipt of a notice by his agency propos­ to severance pay, employees in the ex­ ing to separate him for declining to ac­ cepted service serving under a Presi­ dential appointment. company his activity when it is to be Section 550.705 is revoked as unneces­ moved to another commuting area be­ sary in view of the amendment of cause of a transfer of function and when § 550.701(b) (2). all positions in his competitive area are to Section 550.706(a) is amended for be abolished or transferred to another clarity by changing the word “position” commuting area within a period of not in subparagraph (3) to “activity”. more than 1 year. Effective on publication in the F ederal ***** R egister, § 550.705 is revoked and the (5 U.S.C. 5595, E.O. 11257; 3 CFR 1964-65 subparagraphs and paragraph referred Comp. p. 357) to above are revised and amended as set out below: U nited S tates Civil S erv­ ice Commission, § 550.701 Coverage. [seal] J ames C. S pry, * * * * * Executive Assistant to (b) Employees. * * * the Commissioners. (2) This subpart does not apply to an [FJR. Doc. 69-146; Filed, Jan. 3, 1969; employee who, at the time of separation 8:53 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 124 RULES AND REGULATIONS

izes the Secretary of Agriculture under § 730.1502 Marketing quotas on 1969 Title 7— AGRICULTURE certain circumstances to divide any State , crop o f rice. into two administrative areas to be desig­ The total supply of rice in the United Chapter VII— Agricultural Stabiliza­ nated “producer administrative area” tion and Conservation Service States for the marketing year beginning and “farm administrative area,” and pro­ August 1, 1968, is determined to be 112.1 (Agricultural Adjustment), Depart­ vides that if any State is so divided into million hundredweight (rough basis). ment of Agriculture administrative areas the term “State The normal supply of rice for such mar­ acreage allotment” for the purposes of keting year is determined to be 106.3 mil­ SUBCHAPTER B— FARM MARKETING QUOTAS section 353 of the Agricultural Adjust­ AND ACREAGE ALLOTMENTS lion hundredweight (rough basis). Since ment Act of 1938, as amended, shall be the total supply of rice for the 1968-69 PART 730— RICE deemed to mean that part of the State marketing year exceeds the normal sup­ acreage allotment apportioned to each Subpart— 1969—70 Marketing Year ply for such marketing year, marketing administrative area. quotas shall be in effect on the 1969 crop P roclamations a n d D eterminations (4) Section 353(c)(1) of the act, asof rice. With R espect to Marketing Quotas amended by Public Law 85-443, provides and N ational Acreage Allotment for that if any State is divided into admin­ § 730.1503 National acreage allotment of rice for 1969. 1969 Crop R ice, and Apportionment of istrative areas, the allotment for each 1969 N ational Acreage Allotment of area shall be determined by apportioning The normal supply of rice for the mar­ R ice Among the S everal S tates the State acreage allotment among coun­ keting year commencing August 1, 1969, ties as provided in section 353(c)(1) of Sec. is determined to be 108.7 million hun­ 730.1501 Basis and purpose. the Agricultural Adjustment Act of 1938, dredweight (rough basis). The carryover 730.1502 Marketing quotas on 1969 crop of as amended, and totaling the allotments of rice on August 1, 1969, is estimated at rice. for the counties in each such, area. The 15.6 million hundredweight. Therefore, 730. 1503 National acreage allotment of rice acreage allotments for the “farm admin­ the production of rice needed in 1969 to for 1969. istrative area” and “producer adminis­ make available a total supply of rice 730.1504 Apportionment of 1969 national trative area” in the State of Louisiana for the 1969-70 marketing year equal to acreage allotment of rice among which are set out in § 730.1504 were de­ the several States. the normal supply for such marketing termined by apportioning the State acre­ year is 93.1 million hundredweight. The Authority: Secs. 730.1501 to 730.1504 is­ age allotment for Louisiana among the national average yield of rice for the 5 sued under secs. 301, 352, 353, 354, 375, 52 counties in the State in the same pro­ calendar years 1964 through 1968 is Stat. 38, 60, 61, 66, as amended: 7 U.S.C. 1301, portion which each such county shared in 1352, 1353, 1354, 1375. determined to be 4,311 pounds per the total acreage allotted in the State in planted acre. The national acreage allot­ § 730.1501 Basis and purpose. 1956, as provided in section 353(c) (1) of ment of rice for 1969 computed on the the Agricultural Adjustment Act of 1938, (a) Section 730.1502 is issued under basis of the normal supply for 1969, less as amended, and totaling the allotments estimated carryover, and the national and in accordance with sections 301 and for the counties in each such area. 354 of the Agricultural Adjustment Act average yield per planted acre for the (b) The findings and determinations five calendar years, 1964 through 1968, is of 1938, as amended, to proclaim the total made in §§ 730.1502, 730.1503, and supply and normal supply of rice for the 2,160,542 acres. Since this amount is more 730.1504 have been made on the basis of than the total acreage allotted in 1956, marketing year beginning August 1,1968, the latest available statistics of the and to proclaim that marketing quotas the minimum provided by law, and more Federal Government. The findings in than the amount requiring the formula­ will be applicable to the 1969 crop of rice. § 730.1502 show that marketing quotas (1) Section 730.1503 is issued under tion of a diversion program for rice, the are required for the 1969 crop of rice. The national allotment for rice for the calen­ and in accordance with sections 352 and determinations made in § 730.1503 indi­ 353 of the Agricultural Adjustment Act dar year 1969 shall be 2,160,542 acres and cate the amount of the 1969 national an acreage diversion program for rice of 1938, as amended, to proclaim the na­ acreage allotment of rice. tional acreage allotment of rice for the (c) Prior to taking action herein, pub­ shall not be in effect for 1969. calendar year 1969. Section 353(c) (6) of lic notice (33 F.R. 15555) was given in § 730.1504 Apportionment of 1969 na­ the act, as amended by section 301 of accordance with 5 U.S.C. 553 that the tional acreage allotment of rice Public Law 85-835, 72 Stat. 994, provides Secretary was preparing to determine among the several States. that the national acreage allotment of whether marketing quotas were required The national acreage allotment pro­ rice for 1969 shall be not less than the for the 1969 crop of rice, to determine total acreage allotted in 1956. Section claimed in § 730.1503, less a reserve of and proclaim the national acreage allot­ 799 acres, is hereby apportioned among 353(c)(7) of the act, as amended, pro­ ment of rice for 1969, and to apportion vides that, if the national acreage allot­ the several rice-producing States as among the States the 1969 national acre­ follows: ment for rice for 1969 is less than the na­ age allotment of rice. Data, views, and tional acreage allotment of rice for 1965, recommendations were submitted pursu­ State Acres the Secretary shall formulate and carry ant to such notice. They have been con­ Arizona ______299 out an acreage diversion program for rice sidered to the extent permitted by law. Arkansas______521, 566 for such year designed to support the (d) The Agricultural Adjustment Act California______391, 828 gross income of rice producers at a level of 1938, as amended, requires that the Florida______1, 251 not lower than for 1965, minus any re­ Illin ois______26 proclamation with respect to marketing Louisiana : duction in production costs resulting quotas for the 1969 crop of rice be issued Farm Administrative from the reduced'rice acreage. not later than December 31, 1968; that A rea __:______598, 733 (2) Section 730.1504 is issued under the referendum to determine whether Producer Administra­ and in accordance with section 353 of the farmers are in favor of or opposed to such tive Area______22,157 Agricultural Adjustment Act of 1938, as quotas be held within 30 days after the amended, to apportion among the several issuance of the proclamation; and that State total______620, 890 States the national acreage allotment of Mississippi______61,009 insofar as practicable operators of farms Missouri______6, 219 rice for 1969 as proclaimed in § 730.1503 be notified of their farm rice acreage al­ North Carolina______50 hereof. Section 353 of the act provides lotments prior to the holding of the ref­ Oklahoma______195 that the national acreage allotment of erendum. Therefore, it is necessary to South Carolina,______3, -721 rice for 1969, less a reserve of not to ex­ waive the 30-day effective date provi­ T ennessee______676 ceed 1 per centum for apportionment to Texas ______- 552,013 farms receiving inadequate allotments, sion of 5 U.S.C. 553, and such provision shall be apportioned among the States in is hereby waived. Accordingly, the regu­ Total apportioned to the same proportion that they shared in lations in §§ 730.1501 to 730.1504, inclu­ S tates______2,159, 743 sive, shall become effective upon filing Unapportioned National the total acreage allotted in 1956. Reserve ______799 (3) Section 353(b) of the act, as with the Director, Office of the Federal amended by Public Law 85-443, author­ Register. U.S. total...... 2,160, 542

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 125 Effective date: Date of filing with the orderly and adequate flow of sugar or sugar in relation to other processors in the Director, Office of the Federal Register. liquid sugar in the channels of interstate area: Provided, That * * * the marketing allotments of a processor of sugarcane shall Signed at Washington, D.C., on De­ or foreign commerce, (2) to prevent the not be increased under this provision above cember 31,1968. disorderly marketing of sugar or liquid an allotment equal to the effective inventory sugar, (3) to maintain a continuous and of sugar of such processor on January 1 of the Orville L. F reeman, stable supply of sugar or liquid sugar, calendar year for which such allotment is Secretary. or (4) to afford all interested persons made, * * *: Provided further, That the [F.R. Doc. 68-15610; Piled, Dec. 31, 1968; equitable opportunities to market sugar total increases in marketing allotments made 11:47 a.m.] within the quota for the area. Section pursuant to this sentence to processors in the mainland cane sugar area shall be limited 205(a) also requires that such allotment to 16,000 short tons, of sugar, raw value, for be made after such hearing and upon each calendar year. In making such allot­ Chapter VIII— Agricultural Stabiliza­ such notice as the Secretary may by ments, the Secretary may also take into con­ tion and Conservation Service regulation prescribe. sideration and make due allowance for the (Sugar), Department of Agriculture Pursuant to the applicable rules of adverse effect of draught, storm, floods, practice and procedure (7 CFR 801.1 et freeze, disease, insects, or other similar SUBCHAPTER B— SUGAR REQUIREMENTS AND seq.) a preliminary finding was made abnormal and uncontrollable conditions QUOTAS that allotment of the quota is necessary, seriously and broadly affecting any general [Sugar Reg. 814.7] and a notice was published on November area served by the factory or factories of such 16, 1968 (33 F.R. 17109), of a public person. The Secretary may also, upon such PART 814— ALLOTMENT OF SUGAR hearing and notice as he may by regulations hearing to be held at Washington, D.C., prescribe, revise or amend any such allot­ QUOTAS, MAINLAND CANE SUGAR in Room 3056, South Building, on No­ ment upon the same basis as the initial allot­ AREA vember 26, 1968, beginning at 10:30 a.m., ment was made. * * * e.s.t., for the purpose of receiving evi­ Calendar Year 1969 dence to enable the Secretary, (1) to The necessity for allotment of the 1969 Basis and purpose. This allotment or­ affirm, modify, or revoke the preliminary sugar quota for the Mainland Cane Sugar der is issued under section 205(a) of the finding of necessity for allotment, and Area is indicated by the extent to which Sugar Act of 1948, as amended (61 Stat, (2) to establish fair, efficient, and equi­ the quantity of sugar in prospect for 922), hereinafter called the “Act”, for table allotments of a portion of the 1969 marketing in 1969 exceeds the quota that the purpose of establishing preliminary quota for the Mainland Cane Sugar Area may be established and that in the ab­ allotments of a portion of the 1969 sugar for the period January 1, 1969, until the sence of allotments disorderly market­ quota for the Mainland Cane Sugar Area date the Secretary prescribes allotments ing would result, and some interested for the period January 1, 1969, until the of such quota for the calendar year 1969 persons would be prevented from having date allotments of such quota are pre­ based on a subsequent hearing. equitable opportunities to market sugar scribed for the full calendar year 1969 The hearing was held at the time and (R 10, 11). on the basis of a subsequent hearing. place specified in the notice of hearing Testimony indicates that it is desirable and testimony was received with respect to defer allotment proceedings with re­ Omission of recommended decision and spect to the allotment of the full quota effective date. The record of the hearing to the subject and issues referred to in the hearing notice. In arriving at the for 1969 until most allottees have com­ regarding the subject of this order shows pleted processing of 1968 crop sugarcane, that approximately 1,248,000 tons of 1968 findings, conclusions, and the regulatory provisions of this order all proposed but allotments of a portion of the quota crop sugar will remain to be marketed should be in effect beginning January 1, after January 1, 1969. This quantity of findings and conclusions were carefully and fully considered in conjunction with 1969, because inventories of sugar on sugar, along with production of sugar January 1, 1969, together with produc­ from 1969 crop sugarcane, will result in the record evidence pertaining thereto. To the extent that findings and conclu­ tion of sugar in early 1969 may make it a supply of sugar available for marketing possible for some allottees to market in 1969 sufficiently in excess of the 1969 sions proposed by the interested persons are inconsistent with the findings and shortly after January 1, 1969, a quan­ quota that disorderly marketing may oc­ tity of sugar larger than eventually may cur and some interested persons may be conclusions herein, the specified or im­ plied request to make such findings and be allotted to them (R 11). prevented from having equitable oppor­ The Department of Agriculture pro­ tunities to market sugar (R 10). The in­ reach such conclusions are denied on the basis of the facts found and stated and posed at the hearing that for the period ventories of sugar on January 1, 1969, January 1, 1969, to the date an order is together with production in early 1969, the conclusions reached as set forth herein. made effective based on a subsequent may make it possible for some allottees hearing that for the Mainland Cane to market shortly after January 1, 1969, Basis for findings and conclusions. Sugar Area, preliminary 1969 allotments a quantity of sugar larger than the al­ Section 205(a) of the Act reads in per- be established at 75 percent of the allot­ lotments established by this order. It, tineitt part as follows: ments of the 1968 quota for the area therefore, is necessary that such allot­ * * * Allotments shall be made in such which became effective on November 1, ments to be effective, be in effect on Jan­ manner and in such amounts as to provide 1968, pursuant to Sugar Regulation 814.6, uary 1, 1969. In view thereof and since a fair, efficient, and equitable distribution of Amendment 5 (33 F.R. 16115): Provided, this proceeding was instituted for the such quota or proration thereof, by taking That any allotment established shall not purpose of issuing allotments to prevent into consideration the processing of sugar be less than 85 percent of the estimated disorderly marketing of sugar and to af­ or liquid sugar from sugar beets or sugar­ January 1, 1969, physical inventory of ford all interested persons an equitable cane, limited in any year when proportion­ the respective allottee which cannot be opportunity to market, it is hereby found ate shares were in effect to processings to which proportionate shares, determined pur­ marketed within the allottee’s 1968 mar­ that due and timely execution of the suant to the provisions of subsection (b) of keting allotment (R 12). functions imposed upon the Secretary section 302, pertained; the past marketings The witness representing the Louisiana under the Act imperatively and unavoid­ or importations of each such person; and the cane sugar processors proposed at the ably requires omission of a, recommended ability of such persons to market or import hearing that for the period January 1, decision in this proceeding. It is hereby that portion of such quota or proration 1969, to the date an order is made effec­ further found that compliance with the thereof allotted to him. The Secretary is also tive based on a subsequent hearing that 30-day effective date requirements of 5 authorized in making such allotments of a quota for any calendar year to take into con­ for the Mainland Cane Sugar Area, pre­ U.S.C. 553 Is impracticable and contrary sideration in lieu of or in addition to the liminary 1969 allotments be established to the public interest and, consequently, foregoing factors of processing, past market­ at 80 percent of the allotments of the this order shall be effective on January 1, ings and ability to market, the need for es­ 1968 quota for the area which became 1969. tablishing an allotment which will permit effective on November 1, 1968, pursuant Preliminary statement. Section 205(a) such marketings of sugar as is necessary for to Sugar Regulation 814.6, Amendment 5 the reasonably efficient operation of any non- of the Act requires the Secretary to allot afflliated single plant processor of sugar beets (33 F.R. 16115): Provided, That any al­ a quota whenever he finds that the al­ or any processor of sugarcane and as may be lotment established shall not be less than lotment is necessary (1) to assure an necessary to avoid unreasonable carryover of the estimated January 1, 1969, physical

FEDERAL REGISTER, VOL 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. 3- 126 RULES AND REGULATIONS inventory of the respective allottee which (3) It is desirable to defer the allot­ would normally process, if operating, is cannot be marketed within the allottee’s ment of the entire 1969 calendar year processed by other allottees. 1968 marketing allotment. sugar quota for the Mainland Cane Sugar (9) To aid in the efficient movement The witness representing the eight Area until processings from 1968 crop and storage of sugar, provision shall be Florida cane sugar processors concurred sugarcane can be known or closely esti­ made to enable a processor to market a with the Government proposal, and also mated for all allottees, but it is necessary quantity of sugar of his own production recommended that the Department be to make allotments of a portion of the in excess of his allotment equivalent to permitted to amend the preliminary or­ 1969 quota effective January 1, 1969, to the quantity of sugar which he holds in der by raising the preliminary allotment prevent some allottees from marketing a storage and which was acquired by him level to 80 percent of 1968 allotments on quantity of sugar larger than eventually within the allotment of another allottee the basis of production figures for a later may be allotted to them when the entire of the 1969 Mainland Cane Sugar Area period provided that such amended al­ 1969 quota is allocated. quota. lotments would not result in a higher (4) The findings in (3), above, require (10) For the period January 1, 1969, preliminary allotment for any processor that effective for the period January 1, until the date allotments of the Mainland than it would receive under the final 1969, until the date allotments of the Cane Sugar Area quota for the 1969 allotment order. 1969 calendar year Mainland Cane Sugar calendar year are prescribed on the basis The method for determining prelim­ Area quota are prescribed on the basis of a subsequent hearing, the allotments inary allotments of a portion of the 1969 of a subsequent hearing, the preliminary established in the foregoing manner pro­ Mainland Cane Sugar Area quota allotment of the 1969 Mainland Cane vide a fair, efficient, and equitable distri­ adopted herein as set forth in, the accom­ Sugar Area quota for each allottee shall bution of such quota and meet the re­ panying findings and conclusions follows be established at the larger of 75 percent quirements of section 205(a) of the Act. the proposal of the Department, except of its 1968 allotment which became effec­ Order. Pursuant to the authority that this order provides that any tive on November 1, 1968, pursuant to vested in the Secretary of Agriculture by allotments established shall not be less Sugar Regulation 814.6, Amendment 5 section 205(a) of the Act: It is hereby than 90 percent of the respective (33 F.R. 16115), or 90 percent of the re­ ordered: allottee’s estimated January 1, 1969, spective allottee’s estimated January 1, physical inventory instead of the 85 1969, physical inventory, which could not § 814.7 Allotment of the 1969 sugar percent level proposed by the Depart­ be marketed within its 1968 marketing quota for the Mainland Cane Sugar ment or the 100 percent level proposed allotment. Official notice will be taken of Area. by the witness for the Louisiana production reports received from allot­ (a) Allotments. For the period Janu­ processors. It has been determined that tees of their estimated January 1, 1969, ary 1, 1969, until the date allotments of preliminary 1969 allotments for individ­ physical inventories by letters post­ the 1969 calendar year sugar quota for ual processors established at the higher marked not later than December 23,1968, of 75 percent of 1968 allotments which when they become official records of the the Mainland Cane Sugar Area are pre­ became effective on November 1,1968, or Department. scribed, on the basis of a subsequent 90 percent of the respective allottee’s (5) The following estimated January hearing, the 1969 quota of 1,134,667 tons estimated January 1, 1969, physical in­ 1, 1969, physical inventories of sugar in for the Mainland Cane Sugar Area is ventory would not permit any allottee to short tons, raw value, could not be mar­ hereby allotted in part, to the extent market sugar in early 1969 in excess of keted under the 1968 allotments for the shown in this section, to the following following named allottees. the final 1969 allotment for such allottee processors in the quantities which appear which will be established on the basis of Breaux Bridge Sugar Co-op------9, 252 a subsequent hearing. Cajun Sugar Co-op., Inc------26, 700 opposite their respective names: The establishment of minimum 1969 Cora-Texas Manufacturing Co., Inc.__ 11, 552 Allotments preliminary allotments based on 100 per­ Dugas & LeBlanc, Ltd______14, 257 (short tons, cent of estimated January 1, 1969 physi­ Helvetia Sugar Co-op., Inc------11, 039 Processors raw value) Iberia Sugar Co-op., Inc------17, 871 Albania Sugar Co______7, 310 cal inventories might result in prelimi­ Little Texas, Inc______4,590 Alma Plantation, Ltd______7, 670 nary allotments for some allottees larger Louisiana State Penitentiary------3,871 J. Aron & Co., Inc______9,922 than the final allotments for such Meeker Sugar Co-op., Inc------13, 048 Billeaud Sugar Factory______;____ 6, 268 allottees. Savoie Industries______14, 449 Breaux Bridge Sugar Co-op______8, 327 The hearing record contains proposals St. James Sugar Co-op., Inc------25,137 Wm. T. Burton Industries, Inc___ _ 6, 083 to include in the order to become effective South Coast Corp______73,488 Caire & Graugnard______4, 926 January 1, 1969, paragraphs essentially Cajun Sugar Co-op., Inc______24,030 The allotment established for each Caldwell Sugars Co-op., Inc______10, 773 the same as paragraphs (b), (c), and (d) such named allottee in this order is not Columbia Sugar Co______6, 232 of § 814.6, Sugar Regulation 814.6, less than 90 percent of such listed quan­ Cora-Texas Manufacturing Co., Inc_ 10, 397 Amendment 1 (33 F.R. 6851) (R 15). tity. The individual preliminary allot­ Dugas & LeBlanc, Ltd______12, 831 Findings• and conclusions. On the basis ments for all other allottees determined Duhe & Bourgeois Sugar Co______7,574 of the record of the hearing, I hereby find at 75 percent of each allottee’s 1968 al­ Erath Sugar Co., Ltd______4, 243 and conclude that: lotment as provided in finding (4) above Evan Hall Sugar Co-op., Inc_____ 18,154 (1) For the calendar year 1969 Main­ exceeds 90 percent of their respective Frisco Cane Co., Inc______1, 701 land cane sugar processors will have Glenwood Co-op., Inc______12, 728 January 1, 1969, physical inventories. Helvetia Sugar Co-op., Inc______9, 935 available for marketing from 1967 and (6) Consideration has been given to Iberia Sugar Co-op., Inc______16, 084 1968 crop sugarcane approximately the statutory factors “processings,” Lafourche Sugar Co______13, 754 1,248,000 short tons, raw value, of sugar. “past marketings,” and “ability to mar­ Harry L. Laws & Co., Inc______11, 869 This ■ quantity of sugar, together with ket” in establishing allotments of the Levert-St. John, Inc______._____ 9, 283 production of sugar from 1969 crop 1969 sugar quota for the Mainland Cane Little Texas, Inc______4, 131 sugarcane, will result in a supply of sugar Sugar Area as set forth in finding (4) Louisa Sugar Co-op., Inc______8, 468 available for marketing in 1969 suffi­ Louisiana State Penitentiary______3, 484 above. Louisiana State University______75 ciently in excess of the anticipated 1969 (7) Provision shall be made in the Meekar Sugar Co-op., Inc______11, 743 quota for the Mainland Cane Sugar Area order to restrict marketings of sugar Milliken & Farwell, Inc______8, 415 to cause disorderly marketing and pre­ to allotments established herein. M. A. Patout & Son, Ltd______11,360 vent some interested persons from having (8) To facilitate full and effective use Poplar Grove Planting & Refining equitable opportunities to market sugar. C o ------7, 012 (2) The allotment of the 1969 Main­ of allotments, provision shall be made in Savoie Industries______13, 004 land Cane Sugar Area quota is necessary the order for transfer of allotments St. James Sugar Co-op., Inc______22, 623 to prevent disorderly marketing and to under circumstances of a succession of St. Mary Sugar Co-op., Inc______11, 159 South Coast Corp______66,139 afford all interested persons equitable interest, and under circumstances involv­ Southdown, Inc______28, 225 opportunities to market sugar processed ing an allottee becoming unable to Sterling Sugars, Inc______19,188 from sugarcane produced in the area. process sugarcane and such cane as he J. Supples’ Sons Planting Co., Incu 4, 497

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 127

Allotments Chapter IX— Consumer and Market­ [Lemon Reg. 355] (short tons, Processors raw value) ing Service (Marketing Agreements PART 910— LEMONS GROWN IN Valentine Sugars, Inc------7, 880 and Orders; Fruits, Vegetables, CALIFORNIA AND ARIZONA Vida Sugars, Inc------3, 918 Nuts), Department of Agriculture Limitation of Handling A Wilbert’s Sons Lumber & Shingle [Navel Orange Reg. 162, Arndt. 1] C o ______- ______7,916 § 910.655 Lemon Regulation 355. Young’s Industries, Inc------4, 540 PART 907— NAVEL ORANGES (a) Findings. (1) Pursuant to the Louisiana subtotal------463, 871 GROWN IN ARIZONA AND DESIG­ marketing agreement, as amended, and NATED PART OF CALIFORNIA Order No. 910, as amended (7 CFR Part Atlantic Sugar Association------27, 624 Florida Sugar Corp------16,136 Limitation of Handling 910) , regulating the handling of lemons Glades County Sugar Growers Co­ grown in California and Arizona, effec­ op., Association______29, 598 (a) Findings. (1) Pursuant to the mar­ tive under the applicable provisions of Osceola Farms Co______41, 751 keting agreement, as amended, and the Agricultural Marketing Agreement South Puerto Rico Sugar Co------61, 836 Order No. 907, as amended (7 CFR Part Act of 1937, as amended (7 U.S.C. 601- Sugarcane Growers Co-op. of 907, 33 FJt. 15471), regulating the han­ 674), and upon the basis of the recom­ Florida ______86, 924 dling of Navel oranges grown in Arizona mendations and information submitted Talisman- Sugar Corp------32, 218 and designated part of California, effec­ by the Lemon Administrative Committee, United States Sugar Corp------177, 424 tive under the applicable provisions of established under the said amended mar­ Florida subtotal______473, 511 the Agricultural Marketing Agreement keting agreement and order, and upon Act of 1937, as amended (7 U.S.C. 601- other available information, it is hereby Total, Mainland Cane______937, 382 674), and upon the basis of the recom­ found that the limitation of handling of mendations and information submitted such lemons, as hereinafter provided, (b) Marketing limitations. Market­ by the Navel Orange Administrative will tend to effectuate the declared policy ings shall be limited to allotments as es­ Committee, established under the said of the act. tablished herein subject to the prohibi­ amended marketing agreement and (2) It is hereby further found that it tions and provisions of § 816.3 of this order, and upon other available informa­ is impracticable and contrary to the chapter (33 F.R. 8495). tion, it is hereby^ found that the limita­ public interest to give preliminary no­ (c) Transfer of allotments. The Ad­ tion of handling of such Navel oranges, tice, engage in public rule-making pro­ ministrator, Agricultural Stabilization as hereinafter provided, will tend to cedure, and postpone the effective date and Conservation Service of the Depart­ effectuate the declared policy of the act. of this section until 30 days after pub­ ment, may permit marketings to be made (2) It is hereby further found that it lication hereof in the F ederal R egister by one allottee, or other persons, within is impracticable and contrary to the pub­ (5 U.S.C. 553) because the time inter­ the allotment established for another lic interest to give preliminary notice, vening between the date when informa­ allottee upon relinquishment by such engage in public rule-making procedure, tion upon which this section is based allottee of a quantity of its allotment and postpone the effective date of this became available and the time when this and upon receipt of evidence satisfactory amendment until 30 days after publica­ section must become effective in order to the Administrator that (1) a merger, to effectuate the declared policy of the consolidation, transfer of sugar-process­ tion thereof in the F ederal R egister (5 U.S.C. 553) ebcause the time intervening act is insufficient, and a reasonable time ing facilities, or other action of similar is permitted, under the circumstances, effect upon the allottees or persons in­ between the date when information upon for preparation for such effective time; volved as occurred, or (2) the allottee re­ which this amendment is based became and good cause exists for making the ceiving such permission will process available and the time when this amend­ provisions hereof effective as hereinaf­ sugarcane which the allottee relinquish­ ment must become effective in order to ter set forth. The committee held an open ing allotment has become unable to meeting during the current week, after process. effectuate the declared policy of the act is insufficient, and this amendment relieves giving due notice thereof to consider sup­ (d) Exchanges of sugar between al­ ply and market conditions for lemons and lottees. When approved in writing by the restrictions on the handling of Navel thè need for regulation; interested per­ Administrator, Agricultural Stabilization oranges grown in Arizona and desig­ sons were afforded an opportunity to and Conservation Service of the Depart­ nated part of California. submit information and views at this ment, any allottee holding sugar or liq­ (b) Order, as amended. The pro­ meeting; the recommendation and sup­ uid sugar acquired by him within the porting information for regulation dur­ allotment of another person established visions in paragraph (b) (1) (i) , (ii), and (iii) of § 907.462 (Navel Orange Regula­ ing the period specified herein were in paragraph (a) of this section may promptly submitted to the Department ship, transport, or market up to an equiv­ tion 162; 33 FJR. 19828) are hereby after such meeting was held; the pro­ alent quantity of sugar processed by him amended to read as follows: visions of this section, including its ef­ in excess of his allotment established in fective time, are identical with the afore­ paragraph (a,) of this section. The sugar § 907.462 Navel Orange Regulation 162. * * * * * said recommendation of the committee, or liquid sugar held under this paragraph and information concerning such pro­ shall be subject to all other provisions (b) Order. (1) * * * visions and effective time has been dis­ of this section as if it had been processed (i) District 1: 697,000 cartons; seminated among handlers of such by the allottee who acquired it for the (ii) District 2: 93,000 cartons; lemons; it is necessary, in order to ef­ purpose authorized by this paragraph. (iii) District 3: 77,000 cartons. fectuate the declared policy of the act, (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, Inter­ ***** to make this section effective during prets or applies secs. 205, 209; 61 Stat. 926, as .(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the period herein specified; and compli­ amended, 928; 7 U.S.C. 1115, 1119) 601-674) ance with this section will not require Effective date: January 1, 1969. any special preparation on the part of Dated: December 31,1968. persons subject hereto which cannot be Signed at Washington, D.C., on De­ F loyd F. H edlund, completed on or before the effective date cember 31, 1968. Director, Fruit and Vegetable hereof. Such committee meeting was Orville L. F reeman, Division, Consumer and Mar­ held on December 30,1968. Secretary. keting Service. (b) Order. (1) The respective quan­ [F.R. Doc. 68-15612; Filed, Dec. 31, 1968; [F.R. Doc. 69-116; Filed, Jan. 3, 1969; tities of lemons grown in California and 12:55 p.m.] 8:52 a.m.] Arizona which may be handled during

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 128 RULES AND REGULATIONS the period January 5, 1969, through § 966.306 Limitation of shipments. U.S.C. 608e-l), Tomato Import Regula­ January 11, 1969, are hereby fixed as ***** tion § 980.203, as amended (33 F.R. 16440, follows: (a) Minimum grade, size, and matu­ 17310, 19161) is hereby further amended (1) District 1: 13,950 cartons; rity requirements. (1) For mature green as set forth below. - (ii) District 2: 59,520 cartons; tomatoes: U.S. No. 3, or better grade, over Order, as amended. In § 980.203, To­ (iii) District 3: 84,630 cartons. 2%2 inches in diameter. mato import regulation, paragraph (a) is (2) As used in this section, “han­ (2) For tomatoes advanced in maturity amended to read as follows: dled,” “District 1,” “District 2,” “Dis­ to “breakers” or higher stages of matu­ § 980.203 Tomato import regulation. trict 3,” and “carton” have the same rity: U.S. No. 3, or better grade, over meaning as when used in the said 2!%2 inches in diameter. (a) Minimum grade, size, and ma­ amended marketing agreement and (3) Not more than 10 percent, by turity requirements. (1) For mature order: count, of the tomatoes in any lot may be green tomatoes—U.S. No. 3, or better (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. smaller than the specified minimum grade, over 2%2 inches in diameter. 601-674) diameter. (2) For all other tomatoes—U.S. No. 3, or better grade, over 2!%2 inches in Dated: January 2, 1969. (b) Size classifications. (1) No person shall handle for shipment outside the diameter. Paul A. N icholson, regulation area any tomatoes unless they (3) Not more than 10 percent, by Deputy Director, Fruit and are sized within one or more of the fol­ count, of the tomatoes in any lot may Vegetable Division, Consumer lowing ranges of diameters (expressed in be smaller than the specified minimum and Marketing Service. terms of minimum and maximum). diameter. Any lot of mature green to­ [F.R. Doc. 69-143; Filed, Jan. 3, 1969; Measurement of minimum and maximum matoes may contain not more than 10 8:52 a.m.] diameter shall be in accordance with the percent of tomatoes which have reached method prescribed in paragraph (c) of a more advanced stage than “green” as [966.306, Amdt. 3] § 51.1860 of U.S. Standards for Grades of defined in § 51.1864 of the U.S. Standards Fresh Tomatoes (§§ 51.1855 to 51.1877 of for Grades of Fresh Tomatoes (§§ 51.1855 PART 966— TOMATOES GROWN IN this title). to 51.1877 of this title). “All other to­ FLORIDA matoes” are those advanced in maturity Size classification: Diameter (inches) beyond mature-greens. Limitation of Shipments 6 x 7 ------Over 2%2 t o 2i%2,inclusive. 6 x 6------Over 2*%2 to 22%2, inclusive. * * * * * Findings, (a) Pursuant to Marketing 5 x 6------Over 22%2. Findings. This amendment conforms Agreement No. 125 and Order No. 966, * * * * * with a simultaneous amendment to the both as amended (7 CFR Part 966), regu­ (i) Definitions. For the purpose of this limitation of shipments effective on do­ lating the handling of tomatoes grown in section any lot of tomatoes containing mestic shipments of tomatoes (§ 966.306, the production area, effective under the not more than 10 percent of tomatoes Amdt. 3) under Marketing Order No. applicable provisions of the Agricultural which have reached a more advanced 966, as amended (7 CFR Part 966) regu­ Marketing Agreement Act of 1937, as stage of color than “green” shall be clas­ lating the handling of tomatoes grown amended (7 U.S.C. 601 et seq.), and upon sified as “mature green”. Tomatoes ad­ in Florida. It is hereby found that it is the basis of the recommendation and in­ vanced in color to “breakers” and higher impracticable and unnecessary to give formation submitted by the Florida stages of maturity may be so classified preliminary notice or engage in public Tomato Committee, established pursuant if the lot contains more than 10 percent rule-making procedure, and that good to said marketing agreement and order, of “breakers” and higher stages of matur­ cause exists for not postponing the ef­ and upon other available information, it ity. The color terms used herein have fective date of this amendment until 30 is hereby found that the amendment to the same meaning as when used in the days after publication in the F ederal the limitation of shipments hereinafter U.S. Standards for Grades of Fresh To­ R egister (5 U.S.C. 553) in that (1) the set forth will tend to effectuate the de­ matoes (§§ 51.1855 to 51.1877 of this requirements of section 608e-l of the Act clared policy of the act. title). “Hydroponic Tomatoes” means make this amendment mandatory, (2) (b) It is hereby found that it is im­tomatoes grown in solution without soil. compliance with this amendment will not practicable and contrary to the public “Consumer size containers” means tubes, require any special preparation by im­ interest to give preliminary notice, or en­ trays, and other containers customarily porters which cannot be compléted by gage in public rule making procedure, packed for the retail trade in accordance the effective date, and (3) notice hereof and that good cause exists for not post­ with good commercial practice. Other is hereby determined to be reasonable poning the effective date of this amend­ terms used in this section have the same and in accordance with the requirements ment until 30 days after publication hi of the Act in that the notice for imports the F ederal R egister (5 U.S.C. 553) be­ meaning as when used in Marketing cause Cl) the time intervening between Agreement No. 125, as amended, and this from Canada and Mexico (other than the date when the information upon part. the Yucatan) include the minimum pe­ which this amendment is based became (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. riod of 3 days required by the Act available and the time when this amend­ 601-674) plus an additional day, or a total of 4 ment must become effective in order to days, for transportation and entry into effectuate the declared policy of the Act Effective date. Dated December 31, is insufficient, (2) more orderly market­ 1968, to become effective January 8, the United States after picking, and 2 ing than would otherwise prevail will be 1969. additional days notice are given for im­ promoted by regulating the handling of F loyd F. Hedlund, ports from all other points of origin. tomatoes in the manner set forth in this Director, Fruit and Vegetable (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. amendment, (3) compliance with this Division, Consumer and Mar­ 601-674) amendment will not require any special keting Service. preparation by handlers which cannot Dated December 31, 1968, to become [F.R. Doc. 69-114; Filed, Jan. 8, 1969; effective January 8, 1969,. for imports be completed by the effective date, (4) 1:04 p.m.] reasonable time is permitted, under the from Canada or Mexico (other than the circumstances, for such preparation, and Yucatan), and to become effective Janu­ (5) information regarding the commit­ [980.203, Amdt. 3] ary 10, 1969, for imports from all other tee’s recommendation has been made PART 980— VEGETABLES; IMPORT points of origin. available to producers and handlers in the production area. REGULATIONS F loyd F. H edlund, Order, as amended. In § 966.306 (33 Tomatoes Director, Fruit and Vegetable F.R. 16330,17310,19161),paragraph (a), Division, Consumer and Mar­ subparagraph (1) of paragraph (b), and Pursuant to the requirements of sec­ keting Service. paragraph (i) are hereby amended to tion 8e-l of the Agricultural Marketing [F.R. Doc. 69-115; Filed, Jan. 2, 1969; read as follows: Agreement Act of 1937, as amended (7 1:05 p.m.]

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 129 a country other than Mexico or Canada, sions of section 553 of title 5 of the United Title 8— ALIENS AND or from Canada if he has been in a coun­ States Code (Public Law 89-554, 80 Stat. try other than the United States or Can­ 383), as to delayed effective date is un­ NATIONALITY ada since leaving Mexico, the rightful necessary in this instance because the holder of a valid Form 1-186 seeking en­ persons affected thereby will not require Chapter I— Immigration and Natural­ try as a visitor for business or pleasure additional time to prepare for the effec­ ization Service, Department of must, in addition, present a valid pass­ tive date of the regulations. Justice port and, if admitted, he shall be issued Form 1-94. Dated: January 2, 1969. MEXICAN BORDER VISITORS PERMITS * * * * * R aymond F. F arrell, Reference is made to the notice of pro­ (c) Validity. Notwithstanding any ex­ Commissioner of posed rule making which was published piration date which may appear thereon, Immigration and Naturalization. in the F ederal R egister on November 28, Forms 1-185 and 1-186 are valid until [F.R. Doc. 69-140; Filed, Jan. 3, 1969; 1968 (33 F.R. 17794) pursuant to section revoked or voided. 8:52 a.m.] 553 of title 5 of the United States Code (Public Law 89-554, 80 Stat. 383) and in which there was set out proposed rules PART 235— INSPECTION OF PERSONS pertaining to the use of Mexican Border APPLYING FOR ADMISSION Title 14— AERONAUTICS AND Visitors Permits in Texas, New Mexico, Arizona, or California, for not more than § 235.1 [Amended] SPACE 15 days. Several representations which 1. The first sentence of subparagraph Chapter I— Federal Aviation Admin­ were received have been considered. No (1) Nonimmigrant applicants of para­ change has been made in the rules as set graph (f) Arrival-Departure Card, Form istration, Department of Transpor­ forth in the notice of proposed rule mak­ 1-94 of § 235.1 Scope of examination is tation ing. The rules as set out below are amended to read as follows: “A com­ [Docket No. 68-EA-141; Amdt. 39-703] - adopted. pletely- executed Form 1-94 endorsed to show date and place of admission, period PART 39— AIRWORTHINESS PART 212— DOCUMENTARY RE­ of admission, and nonimmigrant classi­ DIRECTIVES QUIREMENTS: NONIMMIGRANTS; fication shall be issued to each nonimmi­ WAIVERS; ADMISSION OF CERTAIN grant alien admitted to the United Fairchild Hiller Aircraft INADMISSIBLE ALIENS; PAROLE States, except a nonimmigrant alien The Federal Aviation Administration coming within the purview of § 212.1(a) is amending § 39.13 of Part 39 of the Paragraphs (a) and (c) of § 212.6 are of this chapter who is admitted as a visi­ Federal Aviation Regulations so as to amended to read as follows: tor for business or pleasure or to proceed issue an airworthiness directive which § 212.6 Nonresident alien border cross­ in direct transit through the United will apply to Fairchild Hiller FH-27 and in g cards. States and a Mexican national in posses­ FH-227 type airplanes. (a) Use. A Canadian nonresident aliension of a valid Form 1-186 who is ad­ As presently designed, a short in either border crossing card on Form 1-185 may mitted at a Mexican border port of entry engine fire extinguisher circuit may in­ be presented by a Canadian citizen or as a border crosser or as a nonimmigrant activate the system for that particular British subject residing in Canada to fa­ visitor for a period of not more than engine since both shots to the system are cilitate entry at a U.S. port of entry. 15 days to visit within the States connected to the same 5 ampere circuit When presented by the rightful holder, of Texas, New Mexico, Arizona, or breaker. To prevent this condition, a Form 1-185 is valid for admission in ac­ California.” modification was made to the engine fire cordance with the terms noted thereon. 2. Paragraph (g) is added to § 235.1 to extinguisher system that would make one If found otherwise admissible, the right­ read as follows: 5 ampere circuit breaker feed one shot ful holder of a Mexican nonresident (g) Mexican "border visitors permit. to each engine rather than the two shots alien border crossing card, Form 1-186, The rightful holder of a valid Form 1-186 feeding the same engine. The modifica­ may be admitted to the United States as who is admitted as a visitor for business tion is detailed in Fairchild Hiller Serv­ a nonimmigrant visitor at a Mexican or pleasure at a Mexican border port of ice Bulletins FH227-26-3 and F27-26-5. border port of entry without additional entry for a period of more than 72 hours Since this condition exists in all air­ documentation for a period of 72 hours but not more than 15 days in the im­ craft of the same type design an air­ .or less to visit in the immediate border mediate border area, or to proceed out­ worthiness directive is being issued to area. The rightful holder of a Form 1-186 side the immediate border area but require alteration of the engine fire ex­ seeking entry as a nonimmigrant visitor within the States of Texas,-New Mexico, tinguisher system circuitry. at a Mexican border port of entry for a Arizona, or California, for not more than Since a situation exists that requires period of more than 72 hours, but not 15 days shall be issued Form SW-434 en­ expeditious adoption of this regulation, more than 15 days in the immediate dorsed to show date and place of it is found that notice and public proce­ border area, or to proceed outside the admission, period of admission, and dure herein are impractical. ’ immediate border area but within the nonimmigrant classification. In consideration of the foregoing and States of Texas, New Mexico, Arizona, or pursuant to the authority delegated to me by the Administrator, 14 CFR 11.85 California, for not more than 15 days PART 299— IMMIGRATION FORMS shall, if admitted, be issued Form SW- (31 F.R. 13697), § 39.13 of Part 39 of the 434, and if seeking entry as a nonimmi­ § 299.1 [Amended] Federal Aviation Regulations is amended grant visitor at a Mexican border port of The list of forms in § 299.1 Prescribed by adding the following new Airworthi­ entry for a period of more than 15 days, forms is amended by adding the follow­ ness Directive: or to proceed to an area in the United ing form and reference thereto, at the Fairchild H iller. Applies to F-27 and FH- States other than Texas, New Mexico, end: 227 type airplanes. Arizona, or California, shall, if admitted, Compliance required within the next 500 be issued Form 1-94. The rightful holder Form No. Title and description hours time in service after the effective date of a Form 1-186 seeking entry to the SW 434------Mexican Border Visitors Permit. of this AD, unless already accomplished. United States from contiguous territory (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) To preclude the possibility of rendering an at other thail a Mexican border port of engine fire extinguisher system inoperative The basis and purpose of the above- by a single shorted cartridge unit modify the entry shall, if admitted, be issued a Form prescribed rules is to permit the use of engine fire extinguisher systems in accord­ 1-94. For the purpose of this chapter, the Mexican Border Visitors Permits In ance with Fairchild Hiller Service Bulletins immediate border area is defined as the Texas, New Mexico, Arizona, or Cali­ F27—26—5 or FH227-26-3 both dated May 16, area of the United States within a dis­ fornia, for not more than 15 days. 1968, as applicable, or later FAA approved tance of 25 miles from the Mexican bor­ revision, or an equivalent modification ap­ This order shall be effective on Janu­ proved by the Chief, Engineering and Manu­ der. When applying for admission from ary 10, 1969. Compliance with the provi- facturing Branch, FAA, Eastern Region.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 130 RULES AND REGULATIONS This amendment is effective Febru­ side. Particular attention should be given for (1) Revise paragraph (b) to read: ary 1, 1969. cracks propagating from the access door-land attach screw holes. (b) The repetitive inspection required by (Secs. 313(a), 601, 603, Federal Aviation Act (c) Prior to further flight, cracks must be (a) may be discontinued in the respective of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. repaired in accordance with a repair approved affected areas upon completion of the re­ 6(c), Department of Transportation Act; 49 by the Chief, Engineering and Manufacturing pairs described in section 2.C. of Lockheed U.S.C. 1655(c)) Branch, FAA Eastern Region or replaced with Service Bulletin No. 88/SB-649A, dated a part of the same part number that has been June 14, 1968 (or later FAA-approved revi­ Issued in Jamaica, N.Y., on Decem­ inspected in accordance with (b) or with an sion) , or upon completion of the appropri­ ber 24, 1968. equivalent part approved by the Chief, Engi­ ate preventive repair installation described R. M. B rown, neering and Manufacturing Branch, FAA in section I.C.I. or preventive reinforcement Acting Director, Eastern Region. Eastern Region. of section I.C.n. of Lockheed Service Bulletin (d) Report the results of inspection find­ No. 88/SB-665, dated November 11, 1968 (or [F.R. Doc. 69-78; Filed, Jan. 3, 1969; later FAA-approved revision). 8:48 a.m.] ings required by this A.D. to the Chief, Engi­ neering and Manufacturing Branch, FAA This amendment becomes effective Eastern Region (reporting approved by the January 4, 1969. [Docket No. 68-EA-146; Amdt. 39-705] Bureau of the Budget under BOB No. 04—R0174). (Secs. 313(a), 601, 603, Federal Aviation Act PART 39— AIRWORTHINESS of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. This amendment is effective January 4, 6(c), Department of Transportation Act; 49 DIRECTIVES 1969, and was effective upon receipt by all U.S.C. 1665(c)) Fairchild Hiller Aircraft recipients of the telegram dated Decem­ ber 19,1968 which contained this amend­ Issued in Los Angeles, Calif., on De­ The Federal Aviation Administration is ment. cember 24, 1968. amending § 39.13 of Part 39 of the Fed­ (Secs. 313(a), 601, 603, Federal Aviation Act Arvin O. B asnight, eral Aviation Regulations so as to pub­ of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. Director, FAA Western Region. lish an airworthiness directive which ap­ 6(c), DOT Act; 49 U.S.C. 1655(c) ) [F.R. Doc. 69-74; Filed, Jan. 3, 1969; plies to Fairchild Hiller F-27 and FH- 8:48 a.m.] 227 type airplanes. Issued in Jamaica, 'N.Y., on Decem­ There have been reports of cracks in ber 26, 1968. R. M. B rown, [Airspace Docket No. 68-SW-90] the lower wing outer panel skin access Acting Director, Eastern Region. door land and stringers at wing stations pa rt 71— designation o f fed er a l 194, 197, and 204 and a report of fatigue [F.R. Doc. 69-108; Filed, Jan. 3, 1969; of a wing structure. Since this condition 8:51 a.m.] AIRWAYS, CONTROLLED AIRSPACE, is likely to exist or develop in other air­ AND REPORTING POINTS craft of the same type design an air­ [Airworthiness Docket No. 68-WE-10-AD; Alteration of Control Zone worthiness directive is being issued to Amdt. 701] require an inspection using X-ray The purpose of this amendment to methods of the aforementioned wing pa rt 39— AIRWORTHINESS Part 71 of the Federal Aviation Regula­ stations. DIRECTIVES tions is to amend the Paris, Tex., part- Since a situation exists that requires time control zone. immediate adoption of this regulation, Lockheed Models 188A and 188C It is desired to remove the effective it is found that notice and public pro­ Series Airplanes hours of the Paris, Tex., part-time con­ cedure hereon are impractical and good trol zone, i.e., 1000-1700 hours, local time, Amendment 39-606 (33 F.R. 8336), AD daily, from the airspace description cause exists for making this amendment 68-11-2, as amended by Amendment No. effective in less than 30 days. presently contained in FAR, Part 71 (33 39-638 (33 F.R. 11746) and Amendment F.R. 2113), and henceforth carry the In consideration of the foregoing and No. 39-675 (33 F.R. 15859) requires in­ listing of the effective hours in Part 3 pursuant to the authority delegated to spection of the nacelle fillet attachment of the Airman’s Information Manual. me by the Administrator, 14 CFR 11,85 holes of the upper wing plank on Lock­ This will simplify any future seasonal or (31 F.R. 13697), §39.13 of Part 39 of heed Model 188A and 188C Series air­ other changes as might be necessary to the Federal Aviation Regulations is planes. After issuing Amendments 39- alter the effective hours of the Paris, amended by adding the following new 606,39-638, and 39-675, the agency deter­ Tex., control zone since it will no longer Airworthiness Directive: mined that the preventive repair out­ be necessary to effect rule action and Fairchild Hiller. Applies to Fairchild Hiller lined in Lockheed Service Bulletin 88/ revise aeronautical charts. F-27 Type and FH-227 type airplanes SB-665, when incorporated on the sub­ The southerly extension of the Paris, certificated in all categories. ject model airplanes, would obviate the For airplanes having 5,000 or more hours Tex., control zone extends to within 1 repetitive inspections specified in AD 68- mile of the Paris, Tex., VOR facility. In time in service as of the effective date of this 11-2 in the areas of nacelles 2 and 3 af­ airworthiness directive, accomplish the accordance with criteria, this extension following: fected by those repairs. Therefore, the will be extended to the VOR. AD is being amended to include the pre­ (a) Before further flight, install the fol­ Since one portion of this amendment lowing placard in the cockpit in full view of ventive repairs of Lockheed Service Bul­ letin 88/SB-665 as acceptable preven­ is an editorial change and the control the pilot. tive repairs for elimination of the repeti­ zone extension is being increased by only ‘‘Do not operate aircraft above tive inspection requirements of para­ 1 mile and does not materially increase 180 knots IAS” graph (a). the extent of controlled airspace nor Such placard to be removed upon completion Since this amendment provides an al­ place an undue burden on the public, of inspections as noted in (b). ternative means of compliance, and im­ notice and public procedures hereon are (b) To detect cracks in the lower wing poses no additional burden on any per­ considered unnecessary. outer panel skin, access door land, and son, notice and public procedure hereon In consideration of the foregoing, Part stringers at wing stations 194, 197, and 204, 71 of the Federal Aviation Regulations is accomplish the following within the next 25 are unnecessary and the amendment may hours time in service after the effective date be made effective in less than 30 days. amended, effective 0901 G.m.t., March 6, of this airworthiness directive, unless already In consideration of the foregoing, and 1969, iis herein set forth. accomplished within the last 25 hours time pursuant to the authority delegated to In §71.171 (33 F.R. 2113), the Paris, in service. me by the Administrator (31 F.R. 13697), Tex., control zone is amended to read (1) Inspect for cracks both the left and § 39.13 of Part 39 of the Federal Avia­ as follows: right lower wing access door area using X-ray tion Regulations, Amendment 39-606 inspection procedures in accordance with (33 F.R. 8336), AD 68-11-2, as amended P a r i s , T e x . Fairchild Service Bulletin 51-2 for X-ray by Amendment No. 39-638 (33 F.R. That airspace within a 5-mile radius of Pictures No. 1AL and 1AR with the X-ray 11746), and Amendment No. 39-675 (33 Cox Field, Paris, Tex. (lat. 33°38'17" N., head located at the interesection of wing long. 95°26'54" W.) and within 2 miles each stations 194, 197, and 204 with both door F.R. 15859), is further amended as side of the Paris, Tex., VOR 357° radial edges for a total of six X-ray pictures per follows: extending from the 5-mile radius to the

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 131 VOR. The control zone shall be effective extending from the 12-mile radius area to lished a Final Rule, F.R. Doc. 68-14878, during the times established by a Notice to 12 miles southeast of the VOR, and within that amended Part 71 by altering the de­ Airmen and published continuously there­ 8 miles northeast of the Laughlin VOR 330° after in the Airman’s Information Manual. radial extending from the 12-mile radius area scription of the Chandler, Ariz., control to 12 miles northwest of the VOR; and that zone. (Sec. 307(a), Federal Aviation Act of 1958; Subsequent to the issuance of the final 49 U.S.C. 1348; sec. 6(c), Department of airspace extending upward from 1,200 feet above the surface within a 35-mile radius of rule it was determined that the control Transportation Act; 49 U.S.C. 1655(c)) Laughlin AFB (lat. 29°21'35'' N„ long. zone extension to the northwest described Issued in Fort Worth, Tex., on Decem­ 100°46'35'' W.); and that airspace extending on the 311° M (325° T) radial of the ber 26, 1968. upward from 4,500 feet MSL bounded by a TACAN should be the 305° M (319° T) line beginning at lat. 30°00'00'' N., long. A. L. Coulter, 100°30'00'' W., thence south along long. radial. The effective times of the control Acting Director, Southwest Region. 100°30'00'' W. to and counterclockwise along zone should be amended to 0630 to 2200 [F.R. Doc. 69-100; Filed, Jan. 3, 1969; the arc of a 35-mile radius circle centered at hours local time Monday through Friday, 8:50 a.m.] Laughlin AFB to the United States-Mexico 0800 to 1600 hours local time Saturday border, thence northwest along the United and 1000 to 1600 hours local time Sunday, States-Mexico border to the arc of a 60-mile excluding Federal legal holidays. Action [Airspace Docket No. 68-SW-75] radius circle centered at Laughlin AFB, is taken herein to reflect these changes. pa rt 71— designation o f f ed er a l thence clockwise along this arc to lat. 30°10'40'' N. east of long. 100°30'00" W., Since this amendment is minor in na­ AIRWAYS, CONTROLLED AIRSPACE, thence to point of beginning, excluding the ture and will impose no additional burden AND REPORTING POINTS portions outside of the United States. on any person, notice and public proce­ dure hereon are unnecessary. Alteration of Control Zone and [F.R. Doc. 69-101; Filed, Jan. 3, 1969; 8:51 a.m.] In consideration of the foregoing F.R. Transition Area Doc. 68-14878, Chandler, Ariz., control zone, is amended as follows: On November 14,1968, a notice of pro­ [Airspace Docket No. 68-SW-76] 1. Delete “* * * 325° * * *” where it posed rule making was published in the appears in the text and substitute “ * * * F ederal R egister (33 F.R. 16601) stat­ pa rt 71— designation o f fed er a l 319° * * *” therefor. ing that the Federal Aviation Adminis­ AIRWAYS, CONTROLLED AIRSPACE, 2. Delete all after “This control zone is tration was considering amending Part AND REPORTING POINTS effective * * *” and substitute therefor 71 of the Federal Aviation Regulations to “* * * from 0630 to 2200 hours local alter controlled airspace in the Del Rio, Alteration of Transition Area time Monday through Friday, 0800 to Tex., terminal area. On November 14, 1968, a notice of pro­ 1600 hours local time Saturday, and 1000 Interested persons were given 30 days posed rule making was published in the to 1600 hours local time Sunday, exclud­ in which to submit written data, views, ing Federal legal holidays.” or arguments. Federal Register (33 F.R. 16602) stating No objections have been received and that the Federal Aviation Administration Effective date. The effective date of the was considering amending Part 71 of the final rule as initially adopted is retained. the proposed amendment is hereby Federal Aviation Regulations to alter the adopted without change. Pine Bluff, Ark., transition area. Issued^ in Los Angeles, Calif., on De­ Effective date. This amendment shall Interested persons were given 30 days cember 24, 1968. be effective 0901 G.m.t., March 6, 1969. in which to submit written data, views, or Lee E. Warren, (Sec. 307(a), Federal Aviation Act of 1958; arguments. Acting Director, Western Region. 49 U.S.C. 1348; sec. 6(c), Department of No objections have been received and Transportation Act; 49 U.S.C. 1655(c)) [F.R. Doc. 69-103; Filed, Jan. 3, 1969; the proposed amendment is hereby 8:51 a.m.] Issued in Fort Worth, Tex., on Decem­ adopted without change. ber 26, 1968. Effective date. This amendment shall [Docket No. 9324; Arndt. 151-27] A. L. Coulter, be effective 0901 G.m.t., March 6, 1969. Acting Director, Southwest Region. (Sec. 307(a), Federal Aviation Act of 1958; PART 151— FEDERAL AID TO (1) In §71.171 (33 F.R. 2076, 4509), 49 U.S.G. 1348; sec. 6(c), Department of AIRPORTS Transportation Act, 49 U.S.C. 1655(c)) the Del Rio, Tex., control zone is U.S. Share of Project Costs in Public amended to read: Issued in Fort Worth, Tex., on Decem­ ber 26, 1968. Land States D el R io, Tex. A. L. Coulter, The purpose of this amendment to Part Within a 5-mile radius of Laughlin AFB Acting Director, Southwest Region. 151 of the Federal Aviation Regulations (lat. 29°21'35" N., long. 100°46'35" W.), within 2 miles each side of the Laughlin In §71.181 (33 F.R. 2238), the Pine is to revise the table of percentages in ILS NW course extending from the 5-mile Bluff, Ark., transition area is amended § 151.43(c) that states the U.S. share of radius zone to the OM, within 2 miles each to read: the costs of an approved project for air­ side of the Laughlin TACAN 305° radial ex­ P ine B luff, Ar k . port development in each State in which tending from the 5-mile radius zone to 8 the unappropriated and unreserved pub­ miles northwest of the TACAN, within 2 That airspace extending upward from 700 feet above the surface within a 7-mile radius lic lands and nontaxable Indian lands miles each side of the Laughlin TACAN 149° (individual and tribal) exceed 5 percent radial extending from the 5-mile radius zone of Grider Field (lat. 34°10'35" N., long. to 8 miles southeast of the TACAN, within 91°55'55'' W.), within 2 miles each side of of its total land. Section 151.43(c) re­ 2 miles each side of the Laughlin VOR 148° the Pine Bluff VORTAC 007° radial extend­ flects the requirement of section 10(b) of radial extending from the 5-mile radius zone ing from the 7-mile radius area to 14 miles the Federal Airport Act (49 U.S.C. 1109). to 12 miles southeast of the VOR, within north of the VORTAC, and within 2 miles Based on information received from each side of the Pine Bluff VORTAC 185° 2 miles each side of the Laughlin VOR 330° radial extending from the 7-mile radius area the Department of the Interior, the FAA radial extending from the 5-mile radius zone to 18.5 miles south of the VORTAC. periodically redetermines the percent­ to 8 miles northwest of the VOR, and within ages in § 151.43(c) (see Amendments 2 miles each side of the Laughlin VOR 295° [F.R. Doc. 69-102; Filed, Jan. 3, 1969; 151-2, 151-10, 151-16, and 151-20). The radial extending from the 5-mile radius zone 8:51 a.m.] to 12 miles northwest of the VOR. FAA is amending § 151.43(c) to reflect the most recent Department of Interior (2) In §71.181 (33 F.R. 2170, 14402), [Airspace Docket No. 68-WE-80] information. The amendment increases the Del Rio, Tex., transition area is the percentage for Utah; decreases the amended to read: PART 71— DESIGNATION OF FEDERAL percentages for Arizona, California, Colo­ AIRWAYS, CONTROLLED AIRSPACE, D el R io, Tex. rado, Idaho, Montana, New Mexico, Ore­ AND REPORTING POINTS gon, South Dakota, and Wyoming; and That airspace extending upward from 700 feet above the surface within a 12-mile Alteration of Control Zone; Correction leaves the percentages for Alaska, Ne­ radius of lat. 29°23'00'' N., long. 100850'15" vada, and Washington unchanged. W„ within 5 miles southwest and 8 miles On page 18477 of the F ederal R egister Since this amendment relates to public northeast of the Laughlin VOR 148° radial for December 13, 1968, there was pub­ grants, benefits, and contracts, notice and

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 132 RULES AND REGULATIONS public procedure thereon are not re­ Effective date: 12:01 a.m., e.s.t., Jan­ ports to Canada of copper scrap and quired, and it may be made effective uary 2,1969. copper-base alloy ingots during the upon publication. R atjer H . Meyer, 6-month period January-June 1969. In consideration of the foregoing, ef­ Director, Office of Export Control. (3) The method of allocating this fective January 4,1969, the table in para­ Section 384.7 is hereby added to read: quota for Canada will be announced in graph (c) of § 151.43 of the Federal Avi­ a future publication. Shipments of the ation Regulations is amended to read as § 384.7 Exports of copper, January- commodities placed under validated li­ follows: June 1969. cense control to Canada that are laden § 151.43 U.S. share of project costs. (a) Purpose. (1) This document an­aboard an exporting carrier prior to nounces the short supply export quotas 12:01 a.m. e.s.t., January 2, 1969, may be * * * * » exported without a validated export li­ (c) * * * and application submission dates for copper and related commodities for the cense up to midnight, January 3, 1969. State: Percent first half of 1969. It also announces that Any such shipment not exported by mid­ Alaska ______62. 50 exports to Canada of copper scrap and night January 3, 1969, will require a Arizona ______60. 90 validated license for export. California______53. 62 copper-base alloy ingots, as defined in Colorado______53. 35 (a) and (c) in the following table, will (4) During the 6-month period Jan­ Id a h o ______55.81 now require validated licenses and are uary-June 1969, the Office of Export M ontana______53. 00 subject to short supply controls. These Control will consider applications for li­ Nevada______62. 50 controls have been found necessary by censes covering exports to all destina­ New Mexico______56.17 tions, including Canada. Except for the Oregon______55. 63 the Department of Commerce because of Canadian quota mentioned above, the South Dakota______52. 54 recent excessive exports of copper scrap short supply export quotas for copper U ta h ______61. 06 Washington ______51. 52 to Canada. and related commodities are the same as Wyoming______56. 82 (2) A quota of 2,400 copper contentthose announced for the last half of * * * * * short tons has been established for ex­ 1968, as follows: (Secs. 1-15, and 17-21, Federal Airport Act; Commodity Quota 49 U.S.C. 1101-1114, 1116-1120) (a) Copper scrap, as follows: 1 Issued in Washington, D.C., on De­ Copper metalliferous ash and residues (Export cember 27, 1968. Control Commodity No. 28401); Copper or copper-base alloy waste and scrap, D. D. T homas, including copper alloy waste and scrap of less 25,000 copper content short Acting Administrator. than 40 percent copper content where the tons—all destinations, except [F.R. Doc. 69-75; Filed, Jan. 3, 1969; copper is the component of chief weight (Ex­ Canada. 8:48 a.m.] port Control Commodity No. 28402); Nickel waste and scrap containing 50 percent or more copper irrespective of nickel content (Export Control Commodity No. 28403). Title 15— COMMERCE AND (b) Refined copper of domestic origin including re­ 25,000 copper content short tons. melted, in cathodes, billets, ingots (except FOREIGN TRADE copper-base alloy ingots) wire bars, and other crude forms (Export Control Commodity No. Subtitle A— Office of the Secretary 68212) .a of Commerce (c) Copper-base alloy ingots composed essentially of 1,500 copper content short tons— copper with one or more other metals, for ex­ all destinations, except Canada. PART 6— SPECIFICATIONS FOR HY­ ample: Beryllium copper ingots, devarda aUoy DRAULIC BRAKE FLUIDS FOR USE ingots, guinea alloy ingots, ounce metal ingots, IN MOTOR VEHICLES etc. (Export Control Commodity No. 68212). (d) Semifabricated copper products and master alloys 9,000 copper content short tons. Cross R eference: For a document de­ of copper, as foUows: * leting Part 6 of Subtitle A of Title 15, see F.R. Doc. 69-4, 49 CFR Part 371, Export Control Commodity Number and 69892 Copper and copper-base alloy castings supra. Commodity Description and forgings. 51470 Master alloys of copper containing 8 72310 Wire and cable coated with, or insu­ percent or more phosphor. lated with, fluorocarbon polymers PART 9— STANDARDS FOR SEAT 68213 Master alloys of copper. or copolymers. BELTS FOR USE IN MOTOR VEHICLES 68221 Bars, rods, angles, shapes, sections, 72310 Coaxial-type communications cable and wire of copper or copper-base Cross R eference: For a document de­ as foUows: (a) Containing fluoro­ leting Part 9 of Subtitle A of Title 15, alloy. carbon polymers or copolymers; 68222 Plates, sheets, and strips of copper or (b) using a mineral insulator see F.R. Doc. 69-5, 49 CFR Part 371, copper-base alloy. supra. 68223 Copper foil. dielectric; (c) using a dielectric 68223 Paper backed copper foil. aired by discs, beads, spiral, screw, 68224 Copper or copper alloy powders and or any other means; (d) designed Chapter III— Bureau of International flakes. for pressurization or use with a gas Commerce, Department of Commerce 68225 Tubes, pipes, and blanks therefor, and dielectric; or (e) intended for sub­ hollow bars of copper or copper- marine laying. SUBCHAPTER B— EXPORT REGULATIONS base alloy. 72310 Other coaxial cable. [11th Gen. Rev. of Export Reg.; Arndt. 14] PART 384— GENERAL ORDERS 1 Shipments of copper-base waste and scrap that for technological or economic reasons cannot be processed commercially in the United States may be licensed for export without Exports of* Copper, January-June a charge against the quota (see § 373.20(b) (2) of the Export Regulations). , 1969 a Shipments of refined copper produced from foreign-origin copper raw materials, and refined copper produced from material which was declared as an offset against an equivalent Part 384 of the Code of Federal Regu­ quantity of foreign-origin copper raw materials entered into the United States under a lations is amended as set forth below. recent U.S. Customs Import Entry, may be licensed for export without a charge against (Sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.Q. the quota (see § 373.43(b) (2) of the Export Regulations). 10945, 26 F it. 4487, 3 CFR 1959-63 Comp.; »Shipments of semifabricated copper products and master alloys of copper under U.S. E.O. 11038, 27 F it. 7003, 3 CFR 1959-63 military contracts or under contracts financed by the U.S. Agency Tor International Comp.) Development will be licensed without a charge against the quota.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 133 Export Control Commodity Number and copper ores, concentrates, matte, blister Sec. Commodity Description—Continued 72310 Communications cable containing copper, and other unrefined copper gen­ 71.19 Suspension of proceedings. more than one pair of conductors erally are denied. However, applications 71.20 Secretary’s certification. of which any one of the conductors, for licenses to export these commodities, 71.21 Investigation by the Secretary and single or stranded, has a diameter as well as copper and copper-base alloy decision to resolve. exceeding 0.9 mm. (0.035 inch), as waste and certain nickel scrap, that can­ 71.22 Subpoenas and investigative powers. follows: (a) Cable in which the not be processed commercially in the Subpart C— Procedures To Rectify Discriminatory nominal mutual capacitance of United States for technological or eco­ Housing Practices paired circuits is less than 53 nano- farads/mile (33 nanofarads/km) nomic reasons will continue to be con­ 71.31 Conference, concilation, and persua­ except conventional paper and air sidered for licensing without a charge sion. dielectric types; (b) submarine against the export quota. 71.32 Settlements. cable; or (c) cable containing [F.R. Doc. 69-117; Filed, Jan. 3, 1969; 71.33 Inability to obtain voluntary compli­ fluorocarbon polymers or copoly­ 8:52 a.m.] ance. mers. 71.34 Other notification where voluntary 72310 Other communications cable con­ compliance is not obtained. taining more than one pair of 71.35 Confidentiality of conciliation con­ conductors and containing any con­ ferences. ductor, single or stranded, exceed­ Title 24— HOUSING AND 71.36 Other action by the Secretary. ing 0.9 mm. in diameter. Appendix—List of Department of Housing 72310 Other copper or copper-base alloy and Urban Development Regional insulated wire and cable. HOUSING CREDIT Offices and Jurisdictional Areas (b) Licensing under Past Participation Subtitle A— Office of the Secretary, Authority: The provisions of this Part 71 in Exports licensing method. (1) The Department of Housing and Urban issued under the Civil Rights Act of 1968, quotas set forth above for copper-base Development Public Law 90-284, 42 U.S.C. 3601-3619; and scrap, refined copper, and copper-base 42 U.S.C. 3535(d). alloy ingots will be licensed in accord­ PART 71— FAIR HOUSING; PROCE­ Subpart A— Purpose and Definitions ance with the Past Participation in Ex­ DURES WITH RESPECT TO COM­ ports licensing method described in PLAINTS § 71.1 Purpose. § 373.8 of the -Export Regulations in this (a) The regulations set forth in this chapter, except as otherwise indicated Pursuant to section 7(d) of the De­ part contain the procedures established for Canada and in the footnotes to the partment of Housing and Urban Devel­ by the Secretary of Housing and Urban quota announcement in this bulletin. opment Act, 42 U.S.C. 3535(d), the fol­ Development for carrying out his re­ (2) Of the total quota of 9,000 copper lowing rule, establishing procedures with sponsibility with respect to any com­ content short tons established for semi- respect to complaints concerning fair plaint filed with him under section 810 fabricated copper products and master housing which are filed with the Secre­ of title V in of the Civil Rights Act of alloys of copper, 65 percent (or 5,850 tary of Housing and Urban Development 1968, Public Law 90-284, 42 U.S.C. 3610. copper content short tons) will be allo­ under section 810 of the Civil Rights Act (b) Where a person charged with a cate«' in accordance with the Past Par­ uf 1968, Public Law 90-284, 42 U.S.C. discriminatory housing practice in a com­ ticipation in Exports licensing method. 3610, is published as a new Part 71 under plaint filed under section 810 of title VIII The remaining portion of the quota, 35 Subtitle A, effective immediately upon is also prohibited from engaging in sim­ percent (or 3,150 copper content short publication in the Federal R egister. Al­ ilar practices under title VI of the Civil tons), will be reserved to meet essential though Part 71 is procedural in nature, Rights Act of 1964, 42 U.S.C. 2000d— export requirements that cannot be the Secretary desires to have the views 2000d-5, or Executive Order 11063 of No­ satisfied under the Past Participation in of all interested persons who wish to sub­ vember 20, 1962, on Equal Opportunity Exports licensing method. mit written comments or suggestions in Housing (27 F.R. 11527-30, Nov. 24, (3) Quantities allocated for licensing with respect to this new part. Submis­ 1962) or other applicable law, such per­ to each exporter under the Past Partici­ sions should be made within 30 days after son may also be subject to action by the pation in Exports licensing method will publication of this Part 71 in the F ederal Department of Housing and Urban De­ be the same during the 6-month period R egister and should be addressed to: As­ velopment or other Federal agency under January-June 1969 as they were during sistant Secretary for Equal Opportunity, the rules, regulations, and procedures the previous 6-month period (July- Department of Housing and Urban De­ prescribed from time to time pursuant December 1968). velopment, 451 Seventh Street SW., to title VI or Executive Order 11063 or (c) Time schedules for submitting ap­ Washington, D.C. 20410. Consideration other applicable law. plications. (1) An exporter of any com­ will be given to such submissions with the modities for which a quota has been es­ view to possible amendment of Part 71. § 71.2 Definitions. tablished, except for semifabricated A copy of each submission will be placed As used in this part, copper products and master alloys of on file for public inspection in the In­ (a) “Department” means Department copper, who qualifies as a “historical formation Center, Department of Hous­ of Housing and Urban Development. exporter” under the Past Participation ing and Urban Development, 451 Seventh (b) “Discriminatory housing practice” in Exports licensing method shall submit Street SW., Room 1202, Washington, means an act that is unlawful under sec­ his applications no later than May 29, D.C.20410. tion 804, 805, or 806 of title VIII. 1969. An exporter of these quota com­ (c) “Dwelling” means any building, modities who does not qualify as a “his-- Part 71 reads as follows: structure, or portion thereof which is oc­ torical exporter” shall submit his appli­ Subpart A— Purpose and Definitions cupied as, or designed or intended for oc­ cations no later than February 7, 1969. Sec. cupancy as, a residence by one or more (2) Submission of applications for 71.1 Purpose. families, and any vacant land which is licenses to export semifabricated copper 71.2 Definitions. offered for sale or lease for the construc­ products and master alloys of copper is Subpart B— Procedures for Enforcement of tion or location thereon of any such not subject to time schedules. Applica­ Complaints Against Discriminatory Housing building, structure, or portion thereof. tions for these products may be sub­ Practices (d) “Family” includes a single in­ mitted at any time. 71.11 Submission of information. dividual. (d) Applicability of other provisions. 71.12 Complaints by persons aggrieved. (e) “Person” includes one or more in­ (1) Exporters are reminded that all other 71.13 Where to file complaints. special copper provisions continue in ef-_ 71.14 Contents of complaint. dividuals, corporations, partnerships, as­ feet. These provisions are set forth in 71.15 Form of complaint; amendments. sociations, labor organizations, legal rep^- §§ 373.20 and 373.43 of the Export Regu­ 71.16 Date of filing of complaint. resentatives, mutual companies, joint- 71.17 Service of complaint; filing of lations in this chapter. answers. stock companies, trusts, unincorporated (2) It should be noted in particular 71.18 Notice to State or local fair housing organizations, trustees, trustees in bank­ that applications for licenses to export agencies. ruptcy, receivers, and fiduciaries.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. 3- 4 134 RULES AND REGULATIONS (f) “Secretary” means the Secretary of (a) The name and address of the per­ the complaint is received. The answer Housing and Urban Development. son aggrieved. shall be sworn to before a notary public (g) “State” means any of the several (b) The name and address of the per­ or verified in such a manner as the Sec­ States, the District of Columbia, the son against whom the complaint is filed retary may require. With leave of the Commonwealth of Puerto Rico, or any of (in this part called “respondent”) . Secretary, an answer may be amended the territories and possessions of the (c) A description and the address of at any time. The Secretary will permit United States. the dwelling, if any, which is the subject answers to be amended whenever he be­ of the alleged discriminatory housing lieves it would be reasonable and fair to (h) “Title VHI” means title VIII of the do so. Civil Rights Act of 1968, Public Law 90- practice. 284, 42 U.S.C. 3601-3619. (d) A concise statement of the facts, § 71.18 Notice to State or local fair including pertinent dates, constituting housing agencies. (i) “To rent” includes to lease, to sub­ the alleged discriminatory housing prac­ lease, to let, and otherwise to grant for a tice. Whenever the Secretary determines consideration the right to occupy prem­ that a State or local fair housing law ises not owned by the occupant. § 71.15 Form of complaint; amend­ provides rights and remedies substanti­ m ent?. Subpart B— Procedures for Enforce­ ally equivalent to those provided by title Each complaint shall be in writing and v m for a person aggrieved by a discrim­ ment of Complaints Against Dis­ signed, and shall be sworn to before a inatory housing practice alleged in a criminatory Housing Practices notary public, or verified in such a man­ complaint filed with the Secretary here­ §71.11 Submission of inf ormation. ner as the Secretary may require. The under, the Secretary shall notify the ap­ Secretary may also require complaints propriate State or local agency of such The Secretary will receive information to be made on prescribed forms. Com­ complaint. The Secretary shall give the concerning alleged violations of title VIII plaint forms shall be available to all complainant and the respondent notice from any person. Where the information persons in any regional or field office of in writing of such referral. constitutes a complaint within the mean­ the Department, including any field office ing of title VIII and this part, it shall be of the Federal Housing Administration. § 71.19 Suspension of proceedings. so recorded under § 71.16. Where addi­ Appropriate assistance in filling out If, within 30 days after receiving tional information is required for pur­ forms and in filing a complaint will be notice of such complaint, appropriate poses of perfecting a complaint under rendered by personnel in any of such of­ proceedings under State and local law title VIII, the Department will promptly fices. Complaints may be reasonably and have been commenced by the appropriate advise what additional information is fairly amended at any time. State or local law enforcement official, needed and will provide appropriate as­ then proceedings under the regulations sistance in the filing of such complaint. § 71.16 Date of filing of complaint. in this part for title VIH shall be sus­ At the same time, if the information dis­ (a) For purposes of section 810(d) of pended, and no further action shall be closed so warrants, appropriate enforce­ title VUl, a complaint shall be consid­ taken by the Secretary hereunder so long ment procedures may be initiated by the ered to be filed when it is received in as the proceedings which have been Department under JE.O. 11063 on Equal such form as is found reasonably to meet commenced under State or local law Opportunity in Housing or title VI of the the standards of §§ 71.14 and 71.15. The are, in the judgment of the Secretary, Civil Rights Act of 1964, and the infor­ person aggrieved shall be notified of the being carried forward with reasonable mation may also be referred to any other date of filing and, other than in cases promptness by the appropriate State or Federal, State, or local agency having an of referral to a State or local agency, local law enforcement official. interest in the matter. of his right to bring court action under § 71.20 Secretary’s certification. § 71.12 Complaints by persons ag­ section 810 after the expiration of 30 grieved. days from the date of filing. In the case Whenever proceedings hereunder have of a complaint referred to a State or been suspended pursuant to § 71.19, the Any person who claims to have been local agency and subsequently reacti­ period of suspension may be terminated injured by a discriminatory housing vated by the Secretary pursuant to and the proceedings reactivated only practice or who believes that he will be § 71.20, the person aggrieved shall be upon certification by the Secretary that, irrevocably injured by a discriminatory notified of the date of reactivation and in his judgement, under the circum­ housing practice that is about to occur of his right to bring court action under stances of the particular case, the pro­ (in this part called “person aggrieved”) section 810 upon the expiration of 30 tection of the rights of the parties or the may file a complaint within 180 days days from such date. Respondent shall interests of justice require such action. after the alleged discriminatory housing also be notified of such reactivation. practice occurred. Such complaint may § 71.21 Investigation by the Secretary be filed with the assistance of an author­ (b) Notwithstanding paragraph (a) of and decision to resolve. ized representative of the person ag­ this section, a complaint may be deemed filed, for purposes of the 180-day period (a) Within 30 days after a complaint grieved, including any organization act­ is filed or within 30 days after reactiva­ ing on behalf of the person aggrieved. of section 810(b) of title v n i, upon the receipt of written information suffi­ tion by the Secretary, in the case of a § 71.13 Where to file complaints. ciently precise to identify the parties and complaint referred to a State or local describe generally the action or practices agency and subsequently reactivated pur­ Complaints may be filed with the Sec­ suant to § 71.20, the Secretary shall in­ retary by mailing them to Fair Housing, complained of. Such a complaint may be amended, as provided in § 71.15, to cure vestigate the complaint and give notice Department of Housing and Urban De­ in writing to the person aggrieved and to velopment, Washington, D.C. 20410, or by technical defects or omissions, including presenting them at any regional or field failure to verify the complaint, or to the respondent if the Secretary intends clarify and amplify allegations made to resolve it. office of the Department, including any (b) Notwithstanding paragraph (a) of field office of the Federal Housing Ad­ therein, and such amendments shall be ministration. Complaints will be proc­ deemed to be made as of the original fil­ this section, where the allegations of a ing date. complaint on their face, or as amplified essed through the Department’s Regional by the statements of the complainant, Administrator having jurisdiction in the § 71.17 Service of complaint; filing of disclose that the complaint is not timely State in which the alleged discriminatory answers. housing practice occurred or is about to filed or otherwise fails to state a valid occur. A list of Department Regional Upon the filing of a complaint within claim for relief under title Vin, the Sec­ Offices with their addresses and areas of the meaning of § 71.16(a), and upon any retary may dismiss the complaint without jurisdiction appears as an appendix to amendment of such a complaint, a copy further action. thereof shall be furnished the respond­ (c) If the Secretary decides not to re­ this part. ent by certified mail or through personal solve a complaint, or to dismiss it under § 71.14 Contents of complaint. service. The respondent may file an an­ paragraph (b) of this section, he shall Each complaint should contain sub­ swer to the complaint at any time prior to advise the person aggrieved in writing of stantially the following information: the expiration of 20 days after the date the disposition of the case. Respondent

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 135 shall also be notified in any case where § 71.31 and of the terms of settlement, if group of persons raising an issue of gen­ he has been served with a copy of the any, shall be given to the parties by the eral public importance. complaint. Secretary. The Secretary may, from (b) Refer the matter to the Attorney (d) The Secretary may, in the proces­ time to time, review compliance with the General for such other action as he may sing of a case, utilize, with their consent, terms of any settlement agreement and deem appropriate. the services of State or local agencies may, upon a finding of noncompliance, (c) Institute enforcement proceedings charged with the administration- of fair reopen the case or take such enforce­ under E.O. 11063 or title VI of the Civil housing laws or of appropriate Federal ment action as is provided for under the Rights Act of 1964, in accordance with agencies. settlement agreement dr as may other­ regulations and procedures prescribed (e) Any party adversely affected by a wise be appropriate. therefor. determination under paragraph (a) or (d) Inform any other Federal agency (b) of this section may, within 5 days of § 71.33 Inability to obtain voluntary compliance. appearing to have an interest in the en­ receipt of notice of a determination, re­ forcement of respondent’s obligations quest that the Secretary reconsider his Should a respondent fail or refuse to with respect to discrimination in housing. action. Such request for reconsideration confer with the Secretary or his repre­ will be granted only on the basis of ad­ sentative, or fail or refuse to make a Effective date. This part shall be effec­ ditional material evidence not previously good faith effort to resolve any dispute, tive on publication in the F ederal available to the party requesting recon­ or should the Secretary find for any R egister. sideration or for other good cause shown. other reason that voluntary agreement R obert C. W ood, is not likely to result, the Secretary may Acting Secretary of § 71.22 Subpoenas and investigative terminate his efforts to conciliate the Housing and Urban Development. pow ers. dispute. In such event, the parties shall The Secretary encourages voluntary be notified promptly, in writing, that A p p e n d ix cooperation in his investigations but will such efforts have been unsuccessful and LIST OP DEPARTMENT OF HOUSING AND URBAN DEVELOP­ resort to the compulsory processes au­ will not be resumed except upon the MENT REGIONAL OFFICES AND JURISDICTIONAL AREAS thorized by section 811 of title v n r respondent’s written request, where such when, in his judgment, such resort be­ request is made within the time specified Region Address Jurisdictional area comes appropriate in order reasonably in the Secretary’s notice. to expedite handling of complaints. The I - . - — 26 Federal Plaza, Connecticut, Maine, § 71.34 Other notification where volun­ N ew York, Massachusetts, New provisions of section 811 shall apply, in N .Y . 10007. tary compliance is not obtained. Hampshire, New such cases, to the issuance and use of York, Rhode Island, Vermont. subpoenas by the Secretary on his own The person aggrieved shall be notified II _____ Widener Bldg., Delaware, District of behalf or on behalf of a respondent. of all cases in which voluntary compli­ 1339 Chestnut Columbia, Maryland,. St., Phila­ New Jersey, Penn­ Payment of witness and mileage fees ance, for whatever reason, is not delphia, Pa. sylvania, Virginia, shall be made as provided for in section achieved within 30 days after a com­ 19107. West Virginia. 811(c) in an amount allowed under the plaint is filed or within 30 days after a III____ Peachtree- Alabama, Florida, Seventh Bldg., Georgia, Kentucky, rules governing such payment by the case referred to a State or local agency Atlanta, Ga. Mississippi, North United States district courts. Fees pay­ has been reactivated. However, where 30323. Carolina, South Carolina, Tennessee. able to a witness summoned by subpoena the Secretary has decided to seek resolu­ IV_____ 360 North Michi­ Illinois, Indiana, Iowa, issued at the request of a respondent tion, efforts at conciliation may continue gan Ave., Michigan, Minnesota, Chicago, HI. Nebraska, North shall be paid by respondent. after such notice has been given and pur­ 60601. Dakota, Ohio, South suant to the terms of §§71.31 to 71.33. Dakota, Wisconsin. Subpart C— Procedures To Rectify In oases where the Secretary has de­ V ...... Federal Office Arkansas, Colorado, Bldg., 819 Kansas, Louisiana, Discriminatory Housing Practices termined that a complaint does not war­ Taylor St., Missouri, N ew Mexico, rant further action, notification shall Fort Worth, Oklahoma, Texas. § 71.31 Conference, conciliation, and Tex. 76102. persuasion. also be given to the respondent. VI...... 450 Golden Gate Alaska, Arizona, Cali­ A ve., Post fornia, Guam, Hawaii, If the Secretary has decided to resolve § 71.35 Confidentiality of conciliation Office Box Idaho, Montana, conferences. 36003, San Nevada, Oregon, Utah, a complaint, he shall endeavor to elimi­ Francisco, Washington, Wyoming. nate or correct the discriminatory hous­ Once the Secretary has decided to re­ Calif. 94102. VII...... Post Office Box Puerto Rico and Virgin ing practice alleged therein by informal solve a complaint under title vm and 3869, G PO , - Islands. methods of conference, conciliation, and respondent has agreed to participate in San Juan, P.R. persuasion. These endeavors may pro­ informal endeavors by the Secretary for 00936. ceed simultaneously with the conduct such purposes, nothing that is said or of such investigation as the Secretary done thereafter, during and as a part of [F.R. Doc. 68-15614; Filed, Dec. 31, 1968; may deem necessary or after the inves­ the Secretary’s endeavors to resolve the 4:40 p.m.] tigation has been concluded, and they complaint by informal methods of con­ need not be terminated even if the per­ ference, conciliation, and persuasion, son aggrieved has commenced a civil may be made public, or used as evidence action in an appropriate court under in a subsequent proceeding under title Title 26— INTERNAL REVENUE title Vm, but all efforts to obtain vol­ vm, without the written consent of the Chapter I— Internal Revenue Service, untary compliance shall immediately persons concerned. Department of the Treasury terminate when such civil action comes § 71.36 Other action by the Secretary. to trial, unless the court specifically re­ SUBCHAPTER G— REGULATIONS UNDER TAX quests assistance from the Secretary. If the Department is unable to obtain CONVENTIONS voluntary compliance and has terminated [T.D. 6986] § 71.32 Settlements. efforts at conciliation in a case where in­ In conciliating or taking other action vestigation has disclosed probable cause PART 514— FRANCE pursuant to § 71.31, the Secretary shall to believe that respondent has committed Withholding Regulations attempt to achieve a just resolution of a discriminatory housing practice, the the complaint and to obtain assurances, Secretary may pursue one or more of the In order to provide rules for the exemp­ where appropriate, that the respondent following courses of action: tion from, or reduction in rate of, with­ will satisfactorily remedy any violations (a) Recommend to the Attorney Gen­holding of U.S. tax, and release of excess of the rights of the person aggrieved eral of the Unit«! States that he institute tax withheld, on income derived by a and will take such action as will assure a civil action under section 813 of title nonresident alien who is a resident of the elimination of discriminatory hous­ Vm for relief against a pattern or prac­ France, or by a French corporation or ing practices or the prevention of their tice of resistance to the full enjoyment of person resident in France for French tax occurrence in the future. Written notice any of the rights granted by said title or purposes and for additional withholding of disposition of a case pursuant to a denial of rights under the title to a of French tax by certain U.S. withhold-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 136 RULES AND REGULATIONS tion of which were exchanged on July 11, is treated as a body corporate) who is resi­ ing agents, and for additional withhold­ dent in France for purposes of its tax. ing of U.S. tax by certain French with­ 1968), provides in part as follows, effec­ (2) The term “resident of the United holding agents, the following amend­ tive for taxable years beginning after States” means: ments to the regulations are hereby December 31, 1966, or with respect to the (a) A U.S. corporation, and adopted. These amendments shall be ef­ rate of withholding tax, for dividends, in­ (b) Any person (other than a corporation fective for taxable years beginning after terest, and royalties paid on or after Au­ or an entity treated under U.S. law as a December 31, 1966, or with respect to the gust 11, 1968: corporation) who is resident in the United States for purposes of its tax, but in the rate of U.S. tax to be withheld at source Article 1—T axes Covered case of a person acting as a partner or on dividends, interest, or royalties de­ (1) The taxes which are the subject of thefiduciary only to the extent that the income rived from sources within the United present Convention are: derived by such person in that capacity is States on or after August 11,1968. (a) In the case of the United States, the taxed as the income of a resident. P aragraph 1. The table of contents in Federal income tax, including surtax, im­ (3) An individual who is a resident in both Part 514 is amended by inserting after posed by the Internal Revenue Code and Contracting States shall be deemed a resi­ the heading “Subpart—Withholding of (b) In the case of France : dent of that Contracting State in which he Tax” the following additional heading: (1) The income tax on the income of phys­ maintains his permanent home. If he has ical persons, the complementary tax, the a permanent home in both Contracting States T axable Years Beginning After December 31, corporation tax, including any withholding or in neither of the Contracting States, he 1956, and Before January 1, 1967, or Divi­ tax, prepayment (précompté) or advance shall be deemed a resident of that Contract­ dends, Interest, and Royalties Paid B efore payment with respect to the aforesaid taxes, ing State with which his personal and eco­ August 11, 1968 and nomic relations are closest (center of vital Par. 2. The table of contents in Part (ii) The tax on Stock Exchange trans­ interests). If the Contracting State in which actions. he has his center of vital interests cannot be 514 is amended by inserting after (2) The Convention shall also apply to any determined, he shall be deemed a resident “§ 514.10 Effective date” the following documentary taxes on sales or transfers of of that Contracting State in which he has heading and new index: shares or certificates of stock or bonds which an habitual abode. If he has an' habitual Taxable Years B eginning After December 31, are subsequently imposed. abode in both Contracting States or in 1966, or Dividends, Interest, and R oyalties (3) The Convention shall also apply to any neither of the Contracting States, the com­ P aid on or After August 11, 1968 identical or substantially similar taxes which petent authorities of the Contracting States are subsequently imposed in addition to, or shall settle the question by mutual agree­ Sec. in place of, the existing taxes. ment. For purposes of this Article, % perma­ 514.20 Introductory. (4) For the purpose of Article 24 (Non­ nent home is the place in which an individ­ 514.21 Dividends. discrimination), this Convention shall also ual dwells with his family. An individual who 514.22 Dividends received by persons not en­ apply to taxes of every kind and to those is deemed to be a resident of one Contracting titled to reduced rate of tax. imposed at the national, State, and local State and not a resident of the other Con­ 514.23 Interest. level. tracting State by reason of the provisions of 514.24 Royalties. this paragraph shall be deemed a resident 514.25 Private pensions, alimony, and an­ Article 2—General Definitio ns only of the former State for all purposes of nuities. (1) In this Convention, unless the contextthis Convention (including Article 22). 514.26 Other income covered by convention. otherwise requires: 514.27 Beneficiaries of a domestic estate or (a) The term “United States of America” A r t i c l e 4—P e r m a n e n t E stablishment trust. means the United States of America and (1) For the purposes of this Convention, 514.28 Release of excess tax withheld at when used in the geographical sense means the term “permanent establishment” means source. the States thereof and the District of Colum­ a fixed place of business through which a 514.29 Refund of excess tax paid to Director, bia. The term “France” when used in a geo­ resident of one of the Contracting States Office of International Operations. graphical sense means Metropolitan France engages in industrial or commercial activity. 514.30 Information furnished in ordinary and the Overseas departments (Guadeloupe, (2) The term “permanent establishment” course. Guyane, Martinique, and Reunion). shall include especially: 514.31 Return required when liability not (b) The terms “a Contracting State” and (a) A seat of management; satisfied by withholding. “the other Contracting State” means the (b) A branch; 514.32 Effective date. United States or France, as the context (c) An office; P ar. 3. Part 514 is amended by insert­ requires. (d) A factory; (c) The term “person” comprises an in­ (e) A workshop; ing after the heading “Subpart—With­ dividual or a corporation, or any other body (f) A warehouse; holding of Tax” the following additional of individuals or persons. (g) A mine, quarry, or other place of ex­ heading: (d) (i) The term “United States corpora­ traction of natural resources; T axable Y ears B eginning After D ecem­ tion” or “corporation of the United States” (h) A building site or construction or assembly project which exists for more than ber 31, 1956, and B efore J anuary 1, means a corporation, or any entity treated as a corporation for U.S. tax purposes, which 12 months. 1967, or D ividends, Interest, and is created or organized under the laws of the (3) Notwithstanding paragraph (1) of this R oyalties P aid B efore August 11,1968 United States or any State thereof or the Article, a permanent establishment shall not Par. 4. Section 514.10 is amended by District of Columbia; and include a fixed place of business used only striking all of paragraph (a) and insert­ (ii) The term “French corporation” or for one or more of the following activities: “corporation of France” means any body (a) The use of facilities for the purpose of ing the following new section : corporate or any entity which is treated as a storage, display, or delivery of goods or mer­ § 514.10 Effective date. body corporate under French tax law, which chandise belonging to the resident; is resident within France for French tax (b) The maintenance of a stock of goods The provisions of §§ 514.1 through purposes. or merchandise belonging to the resident for 517.09 shall be effective with respect to (e) The term “competent authority” the purpose of storage, display, or delivery; taxable years beginning after December means: (c) The maintenance of a stock of goods 31, 1956, and before January 1, 1967, or (1) In the case of the United States, the or merchandise belonging to the resident for with respect to dividends, interest, and Secretary of the Treasury or his delegate, and the purpose of processing by another person; royalties paid before August 11, 1968. (ii) In the case of France, the Minister of (d) The maintenance of a fixed place of Economy and Finance or his delegate. business for the purpose of purchasing goods P ar. 5. There are inserted after § 514.10 or merchandise, or for collecting informa­ the following heading and new sections: (2) As regards the application of the Con­ vention by a Contracting State any term not tion, for the resident; T axable Y ears B eginning After D ecem­ otherwise defined shall, unless the context (e) The maintenance of a fixed place of ber 31, 1966, or D ividends, Interest, otherwise requires, have the meaning which business for the purpose of advertising, for it has under the laws of that Contracting the supply of information, for scientific re­ and R oyalties P aid on or After Au ­ search, or for similar activities which have a gust 11, 1968 State relating to the taxes which are the subject of the Convention. preparatory or auxiliary character, for the § 514.20 Introductory. resident. Article' 3— Fiscal Domicile (4) A person acting in a Contracting State (a) Applicable provisions of conven­ (I) The term “resident of France” means: on behalf of a resident of the other Con­ tion. The income tax convention between (a) A French corporation, and tracting State—other than an agent of an the United States and France, signed on (b) Any person (other than a body corpo­ independent status to whom paragraph (5) July 28,1967 (the instruments of ratifica- rate or any entity which under French law applies—shall be deemed to be a permanent

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 137 establishment in the first-mentioned State nishing of personal services, from the rental funded amount in accordance with para­ if such person: of tangible personal property, and from in­ graph (2) of this Article. (a) Has, and habitually exercises in that surance activities and rents or royalties de­ State, an authority to conclude contracts rived from motion picture films, films or Article 10—I nterest in the name of that resident, unless the exer­ tapes of radio or television broadcasting. It (1) Interest derived from sources within cise of such authority is limited to the also includes income derived from real prop­ one Contracting state by a resident of the purchase of goods or merchandise for that erty and natural resources and dividends, other Contracting State may be taxed in that resident, or interest, royalties (as defined in paragraphs other State. (b) Maintains substantial equipment or (3) and (4) of Article 11), and capital gains (2) Interest on bonds, notes, debentures, machinery within the first-mentioned State but only if the right or property giving rise to or any other form of indebtedness from for a period of 12 months or more. such income, dividends, interest, royalties, sources within the United States and paid (5) A resident of a Contracting State shall or capital gains is effectively connected with to a resident of France may also be taxed not be deemed to have a permanent estab­ a permanent establishment which the recip­ by the United States at a rate not in excess lishment in the other Contracting State ient, being a resident of one Contracting of 10 percent of the amount paid. merely because such resident carries on busi­ State, has in the other Contracting State. It (3) Interest on bonds, notes, debentures, ness in that other State through a broker, does not include income received by an indi­ or any other form of indebtedness from general commission agent, or any other vidual as compensation for personal services sources Within France and paid to a resident agent of an independent status, where such either as an employee or in an independent of the United States may also be taxed by persons are acting in the ordinary course of capacity. their business. France at a rate not in excess of 10 percent * * * * * of the amount paid except that interest on (6) The fact that a resident of one of the bonds issued before January 1, 1965, may be Article 9—Dividends Contracting States is a related person, as taxed at a rate not in excess of 12 percent defined in Article 8 of this Convention, with (1) Dividends derived from sources within of the amount paid. respect to a resident of the other Contract­ a Contracting State by a resident of the other (4) Paragraphs (2) and (3) of this Ar­ ing State or with respect to a person which Contracting State may be taxed in that other ticle and, in the case of interest derived engages in industrial or commercial activity State. by a resident of France, paragraph (T) of in that other Contracting State (whether (2) Dividends derived from sources within this Article, shall not apply if the recipient through a permanent establishment or other­ a Contracting State by a resident of the other of the interest, being a resident of one of wise) shall not be taken into account in Contracting State may also be taxed by the the Contracting States, has a permanent determining whether that resident of the former Contracting State but the tax imposed establishment in the other Contracting State first Contracting State has a permanent on such dividends shall not exceed— and the indebtedness giving rise to the in­ establishment in the other Contracting State. (a) 15 percent of the amount actually terest is effectively connected to such per­ (7) An insurance company of one of the distributed: or manent establishment. In such a case, the Contracting States shall be considered as (b) When the recipient is a corporation, 5 provisions of Article 6 shall apply. having a permanent establishment in the percent of the amount actually distributed (5) The term “interest” as used in this other Contracting State if, through a rep­ if— article means income from Government se­ resentative other than one described in (i) During the part of the paying corpora­ curities, bonds, or debentures, whether or paragraph (5), such company receives pre­ tion’s taxable year which precedes the date of not secured by mortgage and whether or not miums from or insures risks in the territory payment of the dividend and during the carrying a right to participate in profits, and of that other Contracting State. whole of its prior taxable year (if any), at debt-claims of every kind as well as all other * * * f * * least 10 percent of the outstanding shares of income assimilated to income from money the voting stock of the paying corporation Article 6— B u sin ess Profits lent by the taxation law of the State in was owned by the recipient corporation, and which the income has its source. (1) Industrial or commercial profits of a (ii) Not more than 25 percent of the gross (6) Interest shall be deemed to be from resident of one of the Contracting States income of the paying corporation for such sources within a Contracting State when the shall be taxable only in that State unless prior taxable year (if any) consisted of in­ payer is that State itself, a political sub­ such resident is engaged in industrial or terest and dividends (other than interest division, a local authority, or a resident of commercial activity in the other Contract­ derived in the conduct of a banking, insur­ that State. Where, however, the person pay­ ing State through a permanent establish­ ance, or financing business and dividends or ing the interest, whether he is a resident of ment situated therein. If such resident is so interest received from subsidiary, corpora­ a Contracting State or not, has in a Con­ engaged, tax may be imposed by such other tions, 50 percent or more of the outstanding tracting State a permanent establishment in State on the industrial or commercial profits shares of the voting stock of which was connection with which the indebtedness on of such resident but only on so much of owned by the paying corporation at the time which the interest is paid was incurred, and them as are attributable to the permanent such dividends or interest were received). such interest is borne by such permanent establishment. (3) Paragraph (2) of this Article and, in establishment, then such interest shall be (2) Where a resident of a Contracting the case of dividends derived by a resident of deemed to be from sources within the Con­ State carries' on business in the other Con­ Prance, paragraph (1) of this Article, shall tracting State in which the permanent tracting State through a permanent estab­ not apply if the recipient of the dividends establishment is situated. lishment situated therein, there shall in each has a permanent establishment in the other Contracting State be attributed to that per­ Contracting State and the shares with respect (7) Where, owing to a special relationship manent establishmtent the industrial or com­ to which the dividends are paid are effectively ; between the payer and the recipient or mercial profits which would be attributable connected with the permanent establish­ between both of them and some other person, to such permanent establishment if such ment. In such a case, the provisions of Article the amount of the interest paid, having permanent establishment were an independ­ 6 shall apply. regard to the debt claim.for which it is paid, ent entity engaged in the same ovr similar (4) (a) Except as provided in subpara­ exceeds the amount which would have been activities under the same or similar condi­ graph (b), dividends paid by a corporation agreed upon by the payer and the recipient tions and dealing at arm’s length with the of one of the Contracting States shall be in the absence of such relationship, the resident of which it is a permanent treated as income from sources within that provisions of this Article shall apply only to establishment. Contracting State, and dividends paid by any the last-mentioned amount. In that case, the other corporation shall be treated as income excess part of the payments shall remain (3) In the determination of the profits taxable according to the laws of each Con­ of a permanent establishment, there shall from sources outside that Contracting State. (b) Dividends paid by a corporation other tracting State, due regard being had to the be allowed as deductions expenses which are other provisions of this Convention. reasonably connected with such profits in­ than a U.S. corporation shall be treated as cluding executive and general administra­ dividends from sources within the United (8) Interest received by one of the Con­ tive expenses, whether incurred in the State States if such corporation had a. permanent tracting States, or by an instrumentality of in which the permanent establishment is establishment in the United States and more that State not subject to income tax by such situated or elsewhere. than 80 percent of its gross income was tax­ State, shall be exempt in the State in which able to such permanent establishment for a such interest has its source. (4) No profits shall be attributed to a 3-year period ending with the close of its Article 11— Royalties permanent establishment merely by reason taxable year preceding the declaration of of the purchase of goods or merchandise by such dividends (or for such portion of that (1) Royalties derived from sources within that permanent establishment, or by the period as the corporation has been in one Contracting State by a resident of the resident of which it is a permanent estab­ existence). other Contracting State may be taxed in that lishment, for the account of that resident. (5) When the prepayment (précompté) is other State. (5) The term “industrial or commercial levied on dividends paid by a French corpora­ (2) Except as provided in paragraph (3), profits of a resident” includes income derived tion to a resident of the United States, such royalties derived from sources within a Con­ from manufacturing, mercantile, agricul­ resident shall be entitled to the refund of tracting State by a resident of the other tural, fishing, or mining activities, from the that prepayment, subject to deduction of Contracting State may also be taxed by the operation of ships or aircraft, from the fur­ the withholding tax with respect to the re- former Contracting State but the tax im-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 138 RULES AND REGULATIONS

posed, on such royalties shall not exceed (3) In the case of an individual who is a (b) In the case of the United States; 5 percent of the gross amount paid. national of both Contracting States, the pro­ (1) As respects the rate of withholding tax, (3) Royalties derived from copyrights of visions of Article 22, paragraph (4), shall to amounts received on or after the date on literary, artistic, or scientific works (includ­ apply to remuneration described in para­ which this Convention enters into force; ing gain from the sale or exchange of property graph (1) but such remuneration shall be (ii) As respects other income taxes, to tax­ giving rise to such royalties) by a resident of treated as income from sources within the able years beginning on or after January 1, one Contracting State shall be taxable only Contracting State from which such indi­ 1967. in that Contracting State. vidual receives such remuneration. (2) Upon the coming into effect of this (4) The term “royalties” as used in para­ ***** Convention, there shall terminate: graph (1) of this Article means— (a) The Convention of July 25, 1939, relat­ (a) Any royalties, rentals, or other Article 19—Private Pen sio ns and An n u ities ing to income and other taxes amounts paid as consideration for the use (1) Except as provided in Article 16, pen­ (b) The Convention of October 18, 1946, of, or the right to use, patents, designs or sions and other similar remuneration paid the supplementary Protocol of May 17, 1948, models, plans, secret processes or formulae, to a resident of a Contracting State in con­ and the Convention of June 22, 1956, insofar trademarks, or other like property or rights, sideration of past employment shall be tax­ as they concern taxes on income, on capital or for knowledge, experience, or skill (know­ able only in that Contracting State. and tax on stock exchange transactions. how), and (2) Alimony and annuities paid to a resi­ (b) Gains derived from the sale or exchange dent of a Contracting State shall be taxable The provisions of those Conventions and of of any such right or property, if payment of only in that Contracting State. that Protocol will cease to have effect from the amounts realized on such sale or ex­ (3) The term “annuities,” as used in this the date on which the corresponding provi­ change is contingent, in whole or in part, on Article, means a stated sum paid periodically sions of the present Convention shall for the the productivity, use or disposition of such at stated times during life, or during a spec­ first time have effect according to the sub- right or property. If the amounts derived from ified number of years, under an obligation paragraph (1) above-mentioned. the sale or exchange of any such right or to make the payments in return for adequate A r t i c l e 32—T e r m i n a t i o n property are not so contingent, the provisions and full consideration (other than services of Article 12 shall apply. rendered). This Convention shall remain in force until (5) Paragraphs (2) and (3) of this Article, (4) The term “pensions,” as used in this denounced by one of the Contracting States. and, in the case of royalties derived by a Article, means periodic payments made after Either Contracting State may denounce the resident of France, paragraph (1) of this retirement in consideration for, or by way Convention, through diplomatic channels, by Article, shall not apply if the recipient of of compensation for injuries received in con­ giving notice of termination at least 6 months the royalty, being a resident of one of the nection with, past employment. before the end of any calendar year after Contracting States, has in the other Con­ the year 1969. In such event, the Convention tracting State a permanent establishment ***** shall cease to have effect : and the right or property giving rise to the Article 27—Assistance in Collection ' ( 1 ) In the case of France : royalties is effectively connected with such (1) The two Contracting States undertake (a) As respects withholding taxes, on Jan­ permanent establishment. In such a case, the to lend assistance and support to each other uary 1 of the year following the year in which provisions of Article 6 shall apply. in the collection of the taxes to which the notice is given. (6) Royalties paid for the use of, or the present Convention relates, together with in­ (b) As respects other income taxes, for any right to use, property described in paragraph terest, costs, apd additions to the taxes and year of assessment beginning on or after Jan­ (4) in a State shall be treated as income fines not being of a penal character according uary 1 of the year next following the year in from sources within that State. to the laws of the State requested, in the which notice is given; and (7) Where, owing to a special relationship cases where the taxes are definitively due ac­ (c) As respects the tax on stock exchange between the payer and the recipient, or be­ cording to the laws of the State making the transactions, for any transactions occurring tween both of them and some other person, application. on or after January 1 of the year following the amount of the royalties paid exceeds the (2) In the case of an application for en­ the year in which notice is given. amount which would have been agreed upon forcement of taxes, revenue claims of each (2) In the case, of the United States: by the payer and the recipient in the absence of the Contracting States which have been (a) As respects withholding taxes, on Janu­ of such relationship, the provisions of this finally determined will be accepted for en­ ary 1 of the year following the year in which Article shall only apply to the last-mentioned forcement by the State to which application notice is given; amount. In that case, the excess part of the is made and collected in that State in ac­ (b) As respects other income taxes, for any payments shall remain taxable according to cordance with the laws - applicable to the taxable year beginning on or after January the laws of each Contracting State, due re­ enforcement and collection of its own taxes. 1 of the year following the year in which gard being had to the other provisions of (3) The application will be accompanied notice is given; and this Convention. by such documents as are required by the (c) As respects taxes referred to in para­ * * * * * laws of the State making the application to graph (2) of Article 1, for any transactions establish that the taxes have been finally occurring on or after January 1 of the year Article 13— B ranch P rofits determined. following the year in which notice is given. (1) (a) Dividends paid by a French cor­ (4) If the revenue claim has not been poration to a person other than a citizen, finally determined, the State to which appli­ (b) Definitions. Any term defined in resident, or corporation of the United States cation is made will take such measures of the convention shall have the meaning so shall be exempt from tax by the United States conservancy (including measures with re­ assigned to it; any term not so defined unless such French corporation had a perma­ spect to transfer of property of nonresident shall, unless the context otherwise re­ nent establishment in the United States and aliens) as are authorized by its laws for the quires, have the meaning which such more than 80 percent of its gross income was enforcement of its own taxes. term has under the internal revenue laws taxable to such permanent establishment for (5) The assistance provided for in this of the United States. a 3-year period ending with the close of its Article shall not be accorded with respect taxable year preceding the declaration of to citizens, corporations, or other entities of § 514.21 Dividends. such dividends (or for such portion of that the State to which application is made. period as the corporation has been in (a) Exemption from or reduction in existence). ***** rate of United States tax—(1) Exempt * * * * * Article 31—Entry Into F orce from U.S. tax. Except as provided in sub- paragraph (2) of this paragraph, divi­ Article 16—Governmental F unctions (1) This Convention shall be ratified and instruments of ratification shall be exchanged dends paid by a French corporation on (1) Remuneration, including pensions, at Washington. It shall enter into force 1 or after August 11,1968, to a nonresident paid by, or out of funds created by, a Con­ month after the date of exchange of the in­ alien individual or foreign corporation tracting State or a political subdivision or a struments of ratification. Its provisions shall are exempt from tax by the United States local authority thereof to any individual who for the first time have effect: is a national of that State in respect of serv­ under the provisions of Article 13(1) (a) ices rendered to that State or a subdivision or (a) In the case of France: of the convention. Such dividends are, local authority thereof in the discharge of (i) As respects withholding taxes, to any therefore, not subject to the withhold­ functions of a governmental nature shall be proceeds payable and transactions completed ing of U.S. tax at source. taxable only in that Contracting State. on or after the date on which this Conven­ (2) Exemption and reduced rate of (2) The provisions of Articles 15, 19, and tion enters into force; withholding not applicable. Dividends 20 shall apply to remuneration or pensions (ii) As respects other income taxes, to taxes paid by a French corporation on or after in respect of services rendered in connec­ which are levied for the assessment year tion with any industrial or commercial ac­ 1967; and August 11, 1968, to a nonresident alien tivity carried on by one of the Contracting (iii) As respects the tax on stock exchange individual or foreign corporation (other States or a political subdivision or a local transactions, the date on which this Conven­ than a resident of France or a French authority thereof. tion enters into force. corporation) are subject to U.S. tax in

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 139 accordance with the provisions of section (c) The number of shares of each class who is not the real owner of the capital 871(a) or 881(a) of the Internal Revenue of voting stock of the paying corpora­ stock, see § 514.22(c). Code and the regulations thereunder if tion owned by the recipient corporation (iii) Evidence of rate of tax withheld. the paying corporation has a permanent and the date the recipient corporation The rate at which U.S. tax has been establishment in the United States and acquired such stock; withheld from a dividend paid on or more than 80 percent of its gross income (d) The amount of the gross income after August 11; 1968, to a person whose was taxable to such permanent estab­ of the paying corporation for its taxable address is in France on the date the lishment for a 3-year period ending with year immediately preceding the taxable dividend is paid to such person shall be the close of its taxable year preceding year in which the dividends are paid; shown either in writing or by appro­ the declaration of such dividends (or for (e) The amount of the interest and priate stamp on the check, draft, or such portion of that period as the corpo­ dividends included in such gross income, other evidence of payment, or on an ration has been in existence). Such divi­ the amount of such interest derived in accompanying statement. dends are not eligible for the reduced rate the conduct of a banking, insurance, or (2) 5-percbnt rate—(i) Reduction of withholding under Article 9(2) of the financing business, if any, and the based on notification by Commissioner. convention or to exemption from tax amount of such interest and dividends ii, in accordance with paragraph (a) (3) under Article 13(1) (a) of the convention. received from a subsidiary corporation (iv) of this section, the Commissioner (3) Application of reduced rate—(i) in which the paying corporation owns at of Internal Revenue has notified the Rate of 15 percent. Except as provided least 50 percent of the voting stock on paying corporation that the dividends in subdivision (ii) of this subparagraph, the date of receipt. qualify under Article 9 of the conven­ and subparagraph (4) of this paragraph (iv) Notification by Commissioner—5tion for the reduced rate of 5 percent, the rate of U.S. tax imposed upon divi­ percent rate. As soon as practicable after the reduced withholding rate of 5 per­ dends derived from sources within the such information is filed, the Commis­ cent, to the extent withholding of U.S. United States on or after August 11, 1968, sioner of Internal Revenue will deter­ tax is required, shall apply to any div­ and received by a nonresident alien in­ mine whether the dividends concerned idends paid by the paying corporation dividual who is a resident of Prance or a qualify under Article 9 of the conven­ on or after August 11, 1968. French corporation or a person resident tion for the reduced rate of 5 percent (ii) Dividends cease to qualify for in Prance for French tax purposes shall and will notify the paying corporation 5-percent rate. If, after receipt of noti­ not exceed 15 percent of the gross amount of his determination. If the dividends fication from the Commissioner of Inter­ actually distributed as provided for in qualify for such reduced rate, this notifi­ nal Revenue that the dividends qualify Article 9(2) of the convention. For the cation may also authorize the release, for the reduced rate of 5 percent, the purposes of this section the gross amount pursuant to § 514.28(a) (1) (ii), of excess French recipient corporation ceases to actually distributed includes amounts tax withheld from the dividends con­ be eligible for the reduction in rate be­ constructively received. cerned. A duplicate copy of such notifica­ cause one or more of the conditions of (ii) Rate of 5 percent. The rate of U.S. tion shall be attached to the Form 1042S subdivision (ii) (a) or (5) of paragraph tax imposed upon dividends derived from filed by the paying corporation for the (a) (3) of this section are not satisfied, sources within the United States on or first year of payment. There shall be the reduction in the rate of withhold­ after August 11, 1968, and received by a attached to Form 1042S filed by the pay­ ing of U.S. tax shall no longer apply. French corporation shall not exceed 5 ing corporation for each subsequent year When any change occurs in the owner­ percent of the gross amount actually dis­ of payment a statement that the condi­ ship of stock as recorded on the books tributed if— tions upon which the notification was of the paying corporation or in the per­ (a) During the part of the paying cor­ issued are applicable to such subsequent centage of dividends and interest in­ poration’s taxable year which precedes year. cluded in gross income of the paying cor­ the date of payment of the dividend and (4) Dividends effectively connectedporation, the paying corporation shall during the whole of its prior taxable year with a permanent establishment. The re­ notify the Commissioner of Internal (if any), at least 10 percent of the out­ duction in rate of tax provided in sub- Revenue as soon as possible. standing shares of the voting stock of the paragraph (3) of this paragraph shall (iii) Evidence of tax withheld. The paying corporation was owned by the not apply if the owner of the dividends rate at which U.S. tax has been withheld recipient corporation, and has a permanent establishment in the from a dividend paid on or after Au­ (b) Not more than 25 percent of the United States and the shares with re­ gust 11, 1968, to a French corporation gross income of the paying corporation spect to which the dividends are paid shall be shown either in writing or by for such prior taxable year (if any) con­ are effectively connected with such per­ appropriate stamp on the check, draft, sisted of interest and dividends (other manent establishment. Such dividends or other evidence of payment, or on an than interest derived in the conduct of a are subject to tax in accordance with the accompanying statement. provisions of Article 6 of the convention. banking, insurance, or financing business § 514.22 Dividends received by persons and dividends or interest received from (b) Withholding of tax from divi­ not entitled to reduced rate of tax. subsidiary corporations, 50 percent or dends— (1) 15 percent rate—(i) Reduc­ more of the outstanding shares of the tion based on address in France. Except (a) General. Article 27(1) of the con­ voting stock of which was owned by the as provided in subparagraph (2) of this vention provides that each Contracting paying corporation at the time such divi­ paragraph, withholding of United States State shall undertake to lend assistance dends or interest were received). tax at source on or after August 11, and support to the other Contracting (iii) Information to be filed with the 1968, from dividends derived from State in the collection of taxes covered Commissioner when claiming a 5-percent sources within the United States by a by the convention. rate. Any paying corporation which person whose address is in France, shall (b) Additional French tax to be with­ claims or contemplates claiming that be at the reduced rate of 15 percent in held in the United States—(1) By a dividends paid or to be paid by it on or every case except that in which, prior to nominee or representative. The recipient after August 11, 1968, are subject to the date of payment of such dividends, in the United States of any dividend United States tax at the rate of 5 percent the Commissioner of Internal Revenue from which French tax has been with­ or the owner of the dividends has noti­ held at the reduced rate of 15 percent, under Article 9 of the convention shall who is a nominee or representative file the following information with the fied the withholding agent that such re­ through whom the dividend is received Commissioner of Internal Revenue, duced rate of withholding shall not by a person who is not a resident of the Washington, D.C. 20224, as soon as apply. practicable : United States, shall withhold an addi­ (ii) Reduced rate of 15 percent appli­tional amount of French tax equivalent (a) The date and place of its organi­ zation ; cable only to owner of capital stock. The to the French tax which would have been reduced rate of 15 percent is available withheld if the convention had not been (b) The number and a brief descrip­ in effect (25 percent as of the date of tion of outstanding shares of stock of the only to the real owner of the capital approval of this Treasury decision) paying corporation and the voting power stock from which the dividend is de­ minus the 15 percent which has been thereof ; rived. As to action by a French addressee withheld at the source.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 140 RULES AND REGULATIONS (2) By a fiduciary or partnership. A accordance with § 514.21(a) (3) (i). The tion 483 of the Internal Revenue Code fiduciary or partnership with an address amount of the additional tax is to be cal­ and original issue discount described in in the United States which receives, culated in the same manner as under section 1232(b) of the Internal Revenue otherwise than as a nominee or repre­ subparagraph (1) of this paragraph. Code. sentative, a dividend from sources within (3) Released amounts of tax. If any (3) Interest effectively connected with Prance from which French tax has been amount of U.S. tax is released pursuant a permanent establishment. The reduc­ withheld at the reduced rate of 15 per­ to § 514.28 by the withholding agent in tion in rate of tax provided in subpara­ cent, shall withhold an additional the United States with respect to a divi­ graph (1) of this paragraph shall not amount of French tax from the portion dend received by a nominee, representa­ apply if the owner thereof has a perma­ of the dividend included in the gross tive, fiduciary, or partnership with an nent establishment in the United States income from sources within France of address in France, the recipient shall and the indebtedness giving rise to the any beneficiary or partner, as the case withhold from such released amount any interest is effectively connected to such may be, who is not entitled to the re­ additional amount of U.S. tax, otherwise permanent establishment. Such interest duced rate of tax in accordance with the required to be withheld from the divi­ is subject to tax in accordance with the applicable provisions of the convention. dend by the provisions of subparagraphs provisions of Article 6 of the convention. The amount of the additional tax is to (1) and (2) of this paragraph, in the (c) Withholding of tax from interest— be calculated in the same manner same manner as if at the time of pay­ (1) Coupon bond interest—(i) Form to as under subparagraph (1) of this ment of the dividends U.S. tax at the use. To secure withholding of U.S. tax paragraph. rate of 15 percent has been withheld at at the rate of 10 percent in the case of (3) Withholding additional French source therefrom. coupon bond interest, the nonresident tax from amounts released or refunded. (4) Return of U.S. tax by French with­ alien individual who is a resident of If any amount of French tax is released holding agents. Amounts of U.S. tax France, or French corporation or person by the withholding agent in France with withheld pursuant to this paragraph by resident in France for French tax pur­ respect to a dividend received by a nom­ withholding agents in France shall be poses shall, for each issue of bonds, file inee, representative, fiduciary, or part­ deposited without converting the Form 1001-F in duplicate when present­ nership in the United States, the recip­ amounts into U.S. dollars, with the Di­ ing the interest coupons for payment. ient shall withhold from such released recteur General des Impôts of France This form shall be signed by the owner amount any additional amount of French on or before the 16th day after the close of the interest, or by his trustee or agent, tax otherwise required to be withheld of the quarter of the calendar year in and shall show the information required from the dividend by the provisions of which the withholding occurs. The with­ by paragraph (d) of § 1.1461-1 of this subparagraphs Cl) and (2) of this para­ holding agent making the deposit shall chapter. It shall contain a statement that graph, in the same manner as if at the render therewith such appropriate at the time the interest is derived the time of payment of the dividends French French form as may be prescribed by the owner (a) if an individual, is neither a tax at the rate of 15 percent had been Directeur General des Impôts. The citizen nor resident of the United States, withheld therefrom. amounts so deposited should be remitted but is a resident of France, or is a French (4) Return of French tax by U.S. by the Directeur General des Impôts by corporation or person resident in France withholding agents. Amounts of French draft in United States dollars to the di­ for French tax purposes, and (b) has no tax withheld pursuant to this paragraph rector, Office of International Opera­ permanent establishment in the United by withholding agents in the United tions, Internal Revenue Service, Wash­ States, or if the owner does have such a States shall be deposited in U.S. dollars ington, D.C. 20225, and should be permanent establishment, the indebted­ with the Director, Office of International accompanied by such French form as ness giving rise to the interest is not Operations, Internal Revenue Service, may be required to be rendered by the effectively connected to such permanent Washington, D.C. 20225, on or before withholding agent in France in connec­ establishment. the 16th day after the close of the quar­ tion with the deposit. (ii) . Reduction in rate applicable only ter of the calendar year in which the to owner. The reduction in the rate of withholding occurs. Such withholding § 514.23 Interest. U.S. tax contemplated by Article 10(2) of agent shall also submit such appropriate (a) Not subject to U.S. tax. Interest the convention, insofar as it concerns forms as may be prescribed by the Com­ derived from sources within the United coupon bond interest, is applicable only missioner of Internal Revenue. States on or after August 11, 1968, by to the owner of the interest. The person (c) Additional U.S. tax to be withheldthe French Government or by an instru­ presenting the coupon or on whose behalf in Frànce—(1) By a nominee or repre­ mentality of the French Government and it is presented, shall, for the purpose of sentative. The recipient in France of any which is not subject to income tax in the reduction in tax, be deemed to be the dividend from which U.S. tax has been France is exempt from U.S. tax under owner of the interest only if he is, at the withheld at the reduced rate of 15 per­ the provisions of Article 10(8). Such time the coupon is presented for pay­ cent pursuant to § 514.21(b) (1), who is a interest is not subject to withholding of ment, the owner of the bond from which nominee or representative through whom U.S. tax at source. the coupon has been detached. If the the dividend is received by a person who (b) Application of reduced raie—(1) person presenting the coupon, or on is not entitled to the reduced rate in In general. Except as provided in subpar­ whose behalf it is presented, is not the accordance with § 514.21(a) (3) (i), shall agraph (2) of this paragraph, the rate of owner of the bond, Form 1001, and not withhold an additional amount of U.S. U.S. tax imposed by the Internal Revenue Form 1001-F, shall be used, and U.S. tax tax equivalent to the U.S. tax which Code upon interest derived from sources shall be withheld at the statutory rate. would have been withheld if the conven­ within the United States on or after (iii) Disposition of Form 1001-F, The tion had not been in effect (30 percent August 11, 1968, by a nonresident alien original and duplicate of Form 1001-F as of the date of approval of this Treas­ individual who is a resident of France, shall be forwarded by the withholding ury decision) minus the 15 percent which or French corporation or person resident agent to the Director, Office of Inter­ has been withheld at the source. in France for French tax purposes shall national Operations, Internal Revenue (2) By a fiduciary or partnership. Anot exceed 10 percent under the provi­ Service, Washington, D.C. 20225, in ac­ fiduciary or partnership with an address sions of Article 10(2) of the convention. cordance with paragraph (b) (2) of in France which receives, otherwise than (2) Definitions. As used in this para­§ 1.1461-2 of this chapter, with the an­ as a nominee or representative, a divi­ graph, the term “interest” means income nual return on Form 1042. A summary dend from which U.S. tax has been with­ from Government securities, bonds, or of the Form 1001 or 1001-F shall be re­ held at the reduced rate of 15 percent debentures, whether or not secured by ported on Form 1042 as provided by pursuant to § 514.21(b) (1) shall with­ mortgage and whether or not carrying a instructions thereto. hold an additional amount of U.S. tax right to participate in profits, and debt- (2) Other interest—(i) Letter of noti­ from the portion of the dividend included claims of every kind as well as all other fication. To secure the reduced rate of in the gross income from sources within income assimilated to income from U.S. tax at source in the case of interest the United States of any beneficiary or money lent by the taxation law of the other than coupon bond interest, the partner, as the case may be, who is not United States, including interest on cer­ nonresident alien individual who is a resi­ entitled to the reduced rate of tax in tain deferred payments described in sec­ dent of France, or French corporation

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 141 or person resident in Prance for French § 514.24 Royalties. respect to the income falling within the tax purposes, shall notify /the withhold­ (a) Exemption from U.S. tax—(1)scope of this section. ing agent by letter in duplicate that the Copyright royalties. Except as provided (b) Reduction in rate of United States interest is taxable at the reduced rate of in subparagraph (2) of this paragraph tax—(1) Industrial royalties. Except as tax provided in Article 10(2) of the con­ royalties or other amounts paid as con­ provided in subparagraph (3) of this vention. The letter of notification shall sideration for the use of, or for the right paragraph, the rate of U.S. tax imposed be signed by the owner of the interest, to use copyrights of literary, artistic, or on royalties, derived from sources within or by his trustee or agent, shall show the scientific works (including gain from the the United States on or after August 11, name and address of the obligor and the sale or exchange of property giving rise 1968, by a nonresident alien individual name and address of the owner of the to such royalties) which are derived from who is a resident of France, or by a interest, and shalf indicate the dates on sources within the United States on or French corporation shall not, under which the taxable years of the owner to after August 11, 1968, by a nonresident Article 11(2) of the convention, exceed 5 which the letter is applicable begin and alien individual! who is a resident of percent of the gross amount paid. end. The letter shall contain a statement France, or by a French corporation or a (2) Definitions. As used in this para­ that the owner (a) if an individual, is person resident in France for French tax graph, the term “royalty” means royal­ neither a citizen nor a resident of the purposes are exempt from U.S. tax under ties, rentals, or other amounts (other United States but is a resident of Prance, the provisions of Article 11(3) of the than royalties described in. paragraph or is a French corporation or other entity convention. (a) (1) of this section) paid as con­ resident in Prance for French tax pur­ (2) Copyright royalties effectively con­ sideration for the use of or the right to poses, and (b) does not have a permanent nected with a permanent establishment. use patents, designs or models, plans, establishment in the United States or, The exemption from tax provided in sub- secret processes or formulae, trademarks, if the owner does have such a permanent paragraph (1) of this paragraph shall or other like property or rights, or for establishment, a statement that the in­ not apply if the owner of such royalties, knowledge, experience, or skill (know­ debtedness giving rise to the income is or of gain from the sale or exchange of how) and gains derived from the sale not effectively connected to such perma­ property giving rise to such royalties, has or exchange of such right or property if nent establishment. If the interest is tax­ a permanent establishment in the United payment is contingent, in whole or in able at the reduced rate of tax, the letter States and the property giving rise to part, on the productivity, use, or disposi­ of notification may also authorize the such royalties or gain is effectively con­ tion of the property or rights sold. The release, pursuant to § 514.28, of excess tax nected with such permanent establish­ term “royalty” does not include natural withheld from the interest concerned. ment. Such royalties are subject to tax resource royalties which are subject to (ii) Manner of filing letter. The letter in accordance with the provisions of Ar­ tax in accordance with the provisions of of notification, which shall constitute ticle 6. Article 5 of the convention. authorization for the withholding of U.S. (3) Exemption from withholding of (3) Industrial royalties effectively con­ tax at source at the reduced rate of 10 tax—(i) Use of letter of notification. To nected with a permanent establishment. percent, shall be filed with the withhold­ avoid withholding of U.S. tax at source The reduction in rate of tax provided in ing agent as soon as practicable for each with respect to copyright royalties to subparagraph (1) of this paragraph shall successive 3-calendar-year period during which this paragraph applies, the non­ not apply if the owner of the royalties which the income is paid. Once a letter resident alien who is a resident of or of the gain from the sale or exchange has been filed in respect of any 3-calen­ France or French corporation or person of the property or right giving rise to dar-year period, no additional letter need resident in France for French tax pur­ such royalties has a permanent estab- be filed in respect thereto unless the poses, shall notify the withholding agent lishmeiit in the United States and the Commissioner of Internal Revenue noti­ by letter in duplicate that the royalty is property or right giving rise to such fies the withholding agent that an addi­ exempt from U.S. tax under Article 11 royalties or gain is effectively connected tional letter shall be filed by the owner (3) of the convention. The letter of noti­ with such permanent establishment. of the interest. If, after filing a letter of Such royalties are subject to tax in ac­ notification, the taxpayer ceases to be fication shall be signed by the owner of the royalty or of the gain from the sale cordance with the provisions of Article eligible for the exemption from U.S. tax 6 of the convention. granted by Article 10(2) of the conven­ or exchange of property giving rise to such royalty, or by the trustee or agent (4) Withholding of U.S. tax from in­ tion, he shall promptly notify the with­ dustrial royalties. In order to secure the holding agent by letter in duplicate. of such owner, and shall show the name and address of the owner. The letter reduced rate of U.S. tax at source as When any change occurs in the owner­ shall contain a statement that at the provided in subparagraph (1) of this ship of the income as recorded on the paragraph, the nonresident alien indi­ books of the payer, the reduction in rate time the royalty is derived the owner (a) if an individual, is neither a citizen vidual who is a resident of France or of withholding of U.S. tax shall no longer French corporation or person resident in apply unless the new owner of record is nor a resident of the United States but is a resident of France or, if a corporation France for French tax purposes shall entitled to such reduced rate and notify the withholding agent by letter promptly files a letter of notification with or other entity is resident in France for French tax purposes, and (b) has no in duplicate that the royalty qualifies the withholding agent. for the reduced rate of U.S. tax granted (iii) Disposition of letter. The original permanent establishment in the United States or, if the owner does have such a by Article 11(2) of the convention. The of each letter of notification filed pursu­ letter of notification shall be signed by ant to this subparagraph shall be re­ permanent establishment, a statement that the property or right giving rise to the owner of the royalty, or by the trustee tained by the withholding agent and the or agent of such owner, and shall show duplicate shall be immediately forwarded such royalty is not effectively connected with such permanent establishment. If the name and address of the owner. The by the withholding agent to the Direc­ provisions of subparagraph (3) of para­ tor, Office of International Operations, the royalty is exempt from U.S. tax, the letter of notification may also authorize graph (a) of this section relating to the Internal Revenue Service, Washington. form, content, execution, filing, and ef­ D.C. 20225. the release, pursuant to § 514.28 of ex­ cess tax withheld from the royalty fective period of the letter of notification (3) Change in circumstances. If theconcerned. prescribed therein with respect to copy­ owner of the interest acquires a perma­ right royalties, including its use for the nent establishment in the United States (ii) Manner of filing letter, of noti­ fication. The provisions of § 514.23(c) (2) release of excess tax withheld and relat­ after filing a letter of notification re­ ing to change of circumstances, are ferred to in subparagraph (2) of this (ii) and (iii) relating to the execution, filing, and effective period of the letter equally applicable with respect to indus­ paragraph, such owner shall file a new trial royalties. letter of notification even though the of notification prescribed therein with indebtedness giving rise to the income respect to interest, including its use for § 514.25 Private pensions, alimony, and to which such document relates is not the release of excess tax withheld and annuities. effectively connected to such permanent § 514.23(c) (3) relating to change of cir­ (a) Exemption from U.S. tax—(1) Re­ establishment. cumstances, are equally applicable with quirements. Any pension (other than one

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. 3---- 6 142 RULES AND REGULATIONS paid by the United States or a political come may request a ruling to that effect in the United States the appropriate subdivision or a local authority thereof from the Commissioner of Internal Rev­ letter of notification in the form pre­ to an individual who is a citizen of the enue, Washington, D.C. 20224, by filing scribed in § 514.23(c) (2) and (3), modi­ United States for the discharge of gov­ a statement setting forth all the facts fied where necessary to indicate the type ernmental functions), alimony, or an­ pertinent to a determination of the of income involved. nuity derived from sources within the question. § 514.28 Release of excess tax withheld United States by a nonresident alien in­ (2) Notification of applicant. As soon at source. dividual who is a resident of Prance and as practicable after such information is received in a taxable year of the recipient filed, the Commissioner will determine (a) Amounts to be released—(1) Tax beginning after December 31, 1966, shall whether the income concerned qualifies withheld from dividends—(i) Dividends be exempt from U.S. tax under the pro­ under the convention for exemption subject to 15-percent rate. If U.S. tax has visions of Article 19 of the convention. from or reduced rate of, U.S. tax and been withheld on or after August 11,1968, (2) Definitions—(i) Pension. As usedwill notify the applicant of his ruling. If at a rate in excess of 15 percent from divi­ In this paragraph, the term “pension” income qualifies for such benefit, this dends described in § 514.21(a) (3) (i) re­ means periodic payments made after re­ notification may also authorize the re­ ceived by a nonresident alien individual tirement in consideration of past employ­ lease, pursuant to § 514.28(a) (2), of ex­ who is a resident of France or French ment or as compensation for injuries cess tax withheld from the income corporation or person resident in France received in connection with past em­ concerned. for French tax purposes whose address ployment. The term “pension” does not (b) Exemption from, or reduction inat the time of payment was in France, include retirement pay or pensions paid rate of, withholding—(1) Notification of the withholding agent shall release and by the United States or by any State or withholding agent. If the Commissioner pay over to the person from whom the local authority of the United States rules that income received by such appli­ tax was withheld an amount which is which are subject to tax in accordance cant qualifies for exemption from, or equal to the difference between the tax so with the provisions of Article 16 of this reduction in rate of, U.S. tax under the withheld and the tax required to be with­ convention. convention, and the applicant sends a held pursuant to § 514.21(b) (1). (ii) Annuity. The term “annuity” copy of such ruling to the withholding (ii) Dividends subject to 5-percent means a stated sum paid periodically at agent, the income designated in such rate. If U.S. tax has been withheld at a stated times during life, or during a spec­ ruling shall be exempt, or subject to a rate in excess of 5 percent on or after ified number of years, under an obliga­ reduced rate of, withholding of U.S. tax August 11, 1968, from dividends which tion to make the payments in return for unless the Commissioner or the appli­ qualify for the reduced rate of 5 percent adequate and full consideration (other cant notifies the withholding agent that under § 514.21(a) (3) (ii), the withholding than services rendered), but not includ­ such income ceases to qualify for such agent shall, if so authorized in accord­ ing retirement pay or pensions paid by benefit. A duplicate copy of such notifi­ ance with § 514.21(a) (3) (iv) release and the United States or by any State or ter­ cation shall be attached to the Form pay over to the corporation from which ritory of the United States. 1042S filed by the withholding agent with the tax was withheld an amount which is (b) Exemption from withholding respect to the income concerned. equal to the difference between the tax so tax—(1) Use of letter of notification. To (2) Change in circumstances. If, dur­withheld and the tax required to be with­ avoid withholding of U.S. tax at source ing the period covered by the ruling let­ held pursuant to § 514.21(b) (2) (i). with respect to pensions, alimony, or an­ ter, any fact upon which the ruling let­ (2) Tax withheld from coupon bond nuities which are exempt from U.S. tax ter is based materially changes, the ap­ interest—(i) Substitute ownership cer­ in accordance with paragraph (a) of this plicant shall immediately notify the tificate. If U.S. tax has been withheld section, the nonresident alien individual withholding agent and the Commissioner at a rate in excess of 10 percent on. or who is a resident of France shall notify of such change. after August 11, 1968, from coupon bond the withholding agent by letter in dupli­ interest described in § 514.23(c) (1), the cate that the pension, alimony, or an­ § 514.27 Beneficiaries of domestic es­ owner of the interest shall furnish the nuity is exempt from U.S. tax under Ar­ tate and trust. withholding agent a Form 1001-F clearly ticle 19 of the convention. The letter of A nonresident alien individual who is marked “Substitute” and executed in ac­ notification shall be signed by the owner a resident of France and a beneficiary of cordance with § 514.23(c). Upon receipt of the income, shall show the name and a domestic estate or trust shall be en­ of such substitute Form 1001-F the with­ address of both the payer and the owner titled to the exemption from, or reduction holding agent shall release and pay over of the income, and shall contain a state­ in rate of, United States tax granted by to the person from whom the tax was ment that at the time the income is re­ Articles 9,10,11,13(1) (a), and 19 of the withheld an amount which is equal to the ceived, the owner is neither a citizen nor convention with respect to dividends, in­ difference between the tax so withheld a resident of the United States but is a terest, royalties, and pensions, annuities, and the tax required to be withheld pur­ resident of France. and alimony if he otherwise satisfies the suant to § 514.23(b) (1). • (2) Manner of filing letter. The pro­requirements for exemption or reduction (ii) Filing and disposition of substi­ visions of § 514.23(c) (2) (ii) and (iii) specified in the articles concerned, to the tute ownership certificate. One substitute relating to the execution, filing, and ef­ extent that (a) any amount paid, cred­ Form 1001-F shall be filed in duplicate fective period of the letter of notification ited, or required to be distributed by the with respect to each issue of bonds and prescribed therein with respect to inter­ estate or trust to the beneficiary is will serve with respect to that issue to est, including its use for the release of deemed to consist of those items arid (b) replace all Forms 1001 or 1001-F pre­ excess tax withheld and § 514.23(c) (3) the items so deemed to be included in viously filed by the owner of the interest relating to change of circumstances, are such amount would, without regard to in the calendar year in which the excess equally applicable with respect to the in­ the convention, be includible in his gross tax was withheld and with respect to come falling within the scope of this income. However, such beneficiary is not which the excess is released. Such forms section. entitled to the exemption from, or reduc­ shall be disposed of in accordance with tion in the rate of, U.S. tax granted by the rules of § 514.23(c) (1) (iii). § 514.26 Income covered by convention. such articles to the extent that the trust (3) Tax withheld from other income (a) Exemption from or reduction inconduit rules are not applicable to any covered by convention. If the owner of rate of tax—(1) Request for ruling. If payment received by the beneficiary such the other income furnishes to the with­ a nonresident alien individual who is a as, for example, a payment made out of holding agent the letter of notification resident of France or French corporation the income of a trust established for the prescribed in § 514.24 (a) (3) or (b) (4), or person resident in France for French support and maintenance of a wife pur­ § 514.25(b) (1), or the authorization for tax purposes claims or contemplates suant to a divorce decree. To obtain the release of tax prescribed in § 514.26(a) claiming that an item of income (includ­ exemption from, or reduction in the rate (2), and U.S. tax has been withheld at a ing income referred to in §§ 514.21 of, withholding of U.S. tax where per­ rate in excess of the rate provided in the through 514.25) is exempt from, or sub­ mitted by this section, the beneficiary convention with respect to payments of ject to a reduced rate of, U.S. tax under must, where applicable, execute and sub­ income to which such letter of authori­ the convention, such owner of the in- mit to the fiduciary of the estate or trust zation is applicable, made on or after

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 143

August 11, 1968, or received in the tax­ son other than the actual or beneficial (Sec. 7805, Internal Revenue Code of 1954, able year of the owner beginning after owner, the name and address of such 68A Stat. 917; 26 U.S.C. 7805) December 31, 1966 (whichever is ap­ person shall be furnished with the claim. [seal] Sheldon S. Cohen, plicable) , the withholding agent shall In addition to such other information as Commissioner of Internal Revenue. release and pay to the person from whom may be required to establish the overpay­ the tax was withheld an amount which ment, there shall also be included in such Approved: December 20, 1968. is equal to the tax so withheld from such claim for refund : Stanley S. Surrey, income, or to the difference between the (1) A statement that, at the time Assistant Secretary tax so withheld and the tax required to when the items of income were received of the Treasury. be withheld, as the case may be. from which the excess tax was withheld, (b) Amounts not to be released. The the owner was neither a citizen nor a [F.R. Doc. 69-50; Filed, Jan. 3, 1969; provisions of this section do not apply to resident of the United States but was a 8:46 a.m.] any excess tax withheld at the source resident of France, a French corpora­ subsequent to the due date for filing tion or person resident in France for Form 1042. French tax purposes. (c) Statutory rate. As used in this (2) If the owner’s claim is based on Title 29— LABOR paragraph, the term “statutory rate” exemption from, or reduction in rate of, Subtitle A— Office of the Secretary of means the rate of tax (30 percent as of tax for dividends, interest, or royalties, Labor the date of approval of this Treasury a statement that the owner does not have decision) prescribed by subchapter A of a permanent establishment in the United PART 20— OCCUPATIONAL TRAINING chapter 3 (relating to the withholding States, or, if the owner does have such a OF UNEMPLOYED PERSONS of tax on nonresident alien individuals permanent establishment, that the hold­ and foreign corporations) of the Internal ing from which such income was derived 1968 Amendments to Manpower Revenue Code as though the convention was not effectively connected with such Development and Training Act of has not come into effect. permanent establishment. 1962 § 514.29 Refund of excess lax paid to § 514.30 Information furnished in ordi­ Pursuant to authority contained in Director of International Operations. nary course. section 207 of the Manpower Develop­ (a) In general. Where U.S. tax with­ For provisions relating to the exchange ment and Training Act of 1962 (42 U.S.C. held at the source on items of income of information under Article 30 of 2587) and Secretary’s Order No. 22-68, covered by the convention is in excess the convention, see paragraph (d) of I hereby amend Title 29, Part 20, of the of the tax imposed under subtitle A (re­ § 1.1461-2 of this chapter. Code of Federal Regulations as set forth lating to the income tax) of the Internal below for the purpose of implementing Revenue Code, as modified by the con­ § 514.31 Return required when liability the 1968 amendments to that act (82 vention, and such withheld amounts have not satisfied by withholding. Stat. 1352 et seq.). been paid to the Director of International For action by a nonresident alien in­ Section 4 of the Administrative Pro­ Operations, a claim by the owner of such dividual ’who is a resident of France or cedure Act (5 U.S.C. 553) which requires income for refund of any resulting over­ a French corporation or person resident notice of proposed rules, opportunity for payment may be made under section 6402 in France for French tax purposes in a public participation and delay in effec­ of such Code, and the regulations there­ case where such individual’s or corpora­ tive date is not applicable because these under. tion’s or person’s U.S. income tax lia­ rules only relate to public benefits. I do (b) Form of claim—(1) Where return bility is not satisfied by withholding of not believe such procedure will serve a previously filed. If the owner of the in­ U.S. tax at source, see paràgraph (b) of useful purpose here. Accordingly, this come has previously filed an income tax § 1.6012-1 of this chapter and paragraph amendment shall become effective return with the Internal Revenue Serv­ (g) of § 1.6012-2 of this chapter. immediately. ice for the taxable year in which an over­ 1. Paragraphs (a) and (p) of § 20.1 payment has resulted because of the ap­ § 514.32 Effective date. are amended to read as follows: plication of the convention, he should (a) In general. Except as provided in § 20.1 Definitions. make a claim for refund of the overpay­ paragraph (b) of this section, the pro­ ***** ment by filing Form 843 or an amended visions of this Treasury decision shall be return. effective with respect to the rate of with­ (a) “Act” means the Manpower De­ (2) Where no return previously filed. Ifholding tax, to amounts derived from velopment and Training Act of 1962, the owner of the income has not pre­ sources within the United States on or Public Law 87-415, as amended by Public viously filed an income tax return with after August 11, 1968, and with respect Law 87-729, Public Law 88-214, Public the Internal Revenue Sendee for the to all other taxes covered by the conven­ Law 89-15, Public Law 89-794, the Man­ taxable year in which an overpayment tion to amounts received in a taxable power Development and Training has resulted because of the application year of the recipient beginning after Amendments of 1966, Public Law 89-792, of the convention, he should make a December 31, 1966. and Public Law 90-636. claim for refund of the overpayment by (b) Withholding of additional French ***** filing Form 1040NR or Form 1120-F, tax. The provisions of § 514.22 shall be (p) “State” means a State of the whichever is applicable, showing the effective with respect to income derived United States, the District of Columbia, overpayment. Such return will serve as a from sources within France on or after Commonwealth of Puerto Rico, Guam, claim for refund, and it is not necessary August 11, 1968. for the taxpayer to file Form 843. American Samoa, the Trust Territory of Because it is necessary to provide at the Pacific Islands, or the Virgin Islands. (c) Information required. If the the earliest practicable date the rules of owner’s total gross income (including this Treasury decision respecting exemp­ * * * * * every item of capital gain subject to tax) tion from, or reduction in rate of, with­ 2. Section 20.2 is amended to read as from sources within the United States holding of U.S. tax, and release of excess follows: for the taxable year in which such over­ tax withheld, it is hereby found that it payment resulted has not been disclosed is impracticable to issue this Treasury § 20.2 Effective period of program. in an income tax return filed with the decision with notice and public proce­ No commitment of funds shall be made Internal Revenue Service prior to the dure thereon under section 4(a) of the pursuant to the authority conferred upon time the claim for refund is made, such Administrative Procedure Act, approved the Secretary under title II of the Act owner shall disclose such total gross June 11, 1946, or subject to the effective after June 30, 1972, unless by Act of income with his claim. In the event that date limitations of section 4(c) of that Congress the Act is extended beyond that securities are held In the name of a per* Act. date.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 144 RULES AND REGULATIONS 3. Subdivision (i) of § 20.35(a) (1) and ents) for a week of total unemployment therein which have been adopted by the subparagraph (2) of § 20.35(a) are in the State making such payments dur­ Department of Labor since the Fair La­ amended to read as follows: ing thfe most recent , four-calendar- bor Standards Amendments of 1966 (80 quarter period for which such data are Stat. 830). The revised text provides a § 20.35 Amount of training allowance. available, and provided further, that more comprehensive statement, with il­ (a) * * * whenever an individual eligible for un­ lustrations, of the principles which guide (1) Regular training allowance—(i) employment compensation during a week the Department in the application of the Basic amount. Except for persons of training elects to take an increased overtime pay standards generally appli­ selected and referred to training in training allowance in lieu thereof, the cable under section 7(a) of the Act as Guam, American Samoa, or the Trust total amount which the Secretary will affected by those specially applicable un­ Territory of the Pacific Islands, the basic pay as reimbursement or increased train­ der section 7 (b), (c), and (d), in work­ amount of a training allowance shall be ing allowance shall not exceed the total weeks in which an employer is operating the average of payments of State gross amount which he would have paid had under a partial exemption provided by unemployment compensation (including the individual drawn his unemployment section 7 (b), (c), or (d) in an establish­ allowances for dependents) for weeks of compensation first. ment for whose employees such exemp­ total unemployment paid by the State * * * * * tion is authorized. Also, paragraph (b) in the four-calendar-quarter period pre­ 5. Paragraphs (d) and (e) of § 20.51of 29 CFR 778.111 (33 F.R. 986) is hereby ceding the quarter in which the basic are amended to read as follows: revised as set forth below, in order to amount is computed and shall be pay­ correct the arithmetical example in the able for weeks of training that begin § 20.51 Reconsideration or review of a paragraph. within the second calendar quarter fol­ determination. The provisions of section 4 of the Ad­ lowing the four-calendar-quarter period ministrative Procedure Act (5 U.S.C. 553) for which the data are compiled. This (d) The Virgin Islands. In the case of which require notice of proposed rule amount shall be computed quarterly by an appeal by an individual from a deter­ making, opportunity for public partici­ dividing the total amount of such pay­ mination by the agency of the Virgin pation, and delay in effective date are ment by the number of weeks of total Islands, the appellant shall be entitled not applicable because these are inter­ unemployment compensation. The com­ to a hearing and decision in accordance pretative rules. I do not believe such pro­ puted average, if not an exact dollar with the procedures governing appeals cedures will serve a useful purpose heie. amount, shall be rounded to the next in 20 CFR Part 609, Subpart D (except Accordingly, these revisions shall become higher dollar. The basic amount of a §§ 609.34(b), 609.40 to the extent that effective immediately. training allowance payable to an eligible it provides for judicial review, and 1. The revised § 778.111(b) reads as individual taking training under the 609.46). follows: Act in Guam, American Samoa, or the (e) Guam, American Samoa, and the § 778.111 Pieceworker. Trust Territory of the Pacific Islands, Trust Territory of the Pacific Islands. In * * * * * shall be the average of payments of State the case of an appeal by an individual gross unemployment compensation (in­ from a determination by the agency of (b) Piece rates with minimum hourly cluding allowances for dependents) for Guam, American Samoa, or the Trust guarantee. In some cases an employee is weeks of total unemployment paid by all Territory of the Pacific Islands, the ap­ hired on a piece-rate basis coupled with a other States in the four-calendar-quarter pellant shall be entitled to a hearing and minimum hourly guaranty. Where the period preceding the quarter in which decision in accordance with procedures total piece-rate earnings for the work­ the basic amount is computed, and shall governing appeals in 20 CFR Part 609, week fall short of the amount that would be payable for weeks of training that Subpart D (except §§ 609.33, 609.34(b), be earned for the total hours Of work begin within the second calendar quarter 609.40, to the extent that it provides for at the guaranteed rate, the employee is following the period for which the data judicial review, and 609.46). An appeal paid the difference. In such weeks the are compiled. from a determination made in Guam, employee is in fact paid at an hourly * * * * * American Samoa, or the Trust Territory rate and the minimum hourly guaranty of the Pacific Islands, which denies or which he was paid is his regular rate (2) Youth training allowances. Train­ in that week. In the example just given, ing allowances payable to youth in ac­ reduces an allowance or other training payment will be heard and decided by if the employee was guaranteed $1.90 an cordance with § 20.30(d) shall be paid hour for productive working time, he at a weekly rate equal to the average a referee appointed by the Secretary. * * * * * would be paid $87.40 (46X$1.90) for the weekly gross unemployment compensa­ 46 hours of productive work (instead of tion payment (including allowances for (See. 207, 76 Stat. 29) the $83.60 earned at piece rates). In a dependents) for a week of total unem­ Signed at Washington, D.C., this 31st week in which no waiting time was in­ ployment in the State making such pay­ day of December 1968. volved, he would be owed an additional ments during the most recent four- 95 cents (half time) for each of the 6 calendar-quarter period for which such S tanley H. R tjttenberg, overtime hours worked, to bring his total data are available. Assistant Secretary of Labor. ■ compensation up to $93.10 (46 hours at * * * * * [F.R. Doc. 69-112; Filed, Jan. 3, 1969; $1.90 plus 6 hours at 95 cents or 40 hours 8:52 a.m.] 4. Paragraph (a) of § 20.38 is amended at $1.90 plus 6 hours at $2.85). If he is to read as follows: paid at a different rate for waiting time, Chapter V— Wage and Hour Division, his regular rate is the Weighted average § 20.38 Reimbursements for unemploy­ of the 2 hourly rates, as discussed in ment compensation paid by a State Department of Labor § 778.115. or the Railroad Retirement Board. SUBCHAPTER B— STATEMENTS OF GENERAL POL­ 2. The revised § 778.602 (e) reads as (a) The Secretary will authorize credit ICY OR INTERPRETATION NOT DIRECTLY RE­ follows: LATED TO REGULATIONS to the railroad unemployment insurance § 778.602 Special overtime provisions account or the State’s account in the PART 778— OVERTIME under section 7 (b), (c), and (d). Unemployment Trust Fund for the * * * * * amount of unemployment compensation COMPENSATION paid by the State or the Railroad Retire­ (e) Application of section 7(a) in lieu Pieceworker and Special Overtime of special provisions. (1) An employer’s ment Board to trainees eligible to receive Provisions training allowances under the Act, pro­ agreement with his employees’ collective vided, the maximum amount for which Paragraph (e) of 29 CFR 778.602 (33 bargaining representative under section reimbursement will be authorized for F.R. 986) is hereby revised as set forth 7(b) (1) or (2) must include a provision youth training allowances may not ex­ below in order to insure that its text requiring payment, during the period ceed a rate equal to the average weekly fully reflects the interpretations of the covered by the agreement, for overtime gross unemployment compensation pay­ provisions of the Fair Labor Standards in excess of 12 hours in a workday or 56 ment (including allowances for depend- Act (29 U.S.C. 201 et seq.) discussed hours in a workweek as specified in sec-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 145 tion 7 (b) if the exemption from the gen­ overtime compensation. Thus, in the. ex­ ment published a notice of proposed rule eral overtime pay requirements of sec­ ample giyen, the Act and. the applicable making relating to Public Law 90-560, tion 7(a) is to apply. See Cabunac v. regulations do not permit the employer approved October 12, 1968, which pro­ National Terminals Corp., 139 P. 2d 853. to satisfy his overtime obligation by scribes the mailing of motor vehicle (2) Under section 7(b) (3) an em­ electing to pay for 5 hours of weekly master keys and advertisements there­ ployee otherwise qualified for the partial overtime under section 7 (a) in lieu of the for. The statute-authorizes the Postmas­ exemption in any workweek who does 15 hours of daily overtime under section ter General to make such exemptions not receive the daily or weekly overtime 7(c). As stated in the Senate Report (S. from these prohibitions as he deems compensation specified is required to be Rept. No. 1487, 89th Cong. 2d sess., pp. necessary. The purpose of the cited no­ paid overtime compensation as pre­ 15, 16, 31) with respect to the provisions tice of proposed rule making was to seek scribed in section 7(a). of section 7 (c) and (d), during the the views of the public as to the need (3) Under section 7(c) or 7(d), which workweeks which they specify as “the for and propriety of exemptions from operate only as partial exemptions from maximum aggregate period of exemption the law. the overtime requirements of section 7 available to an employer” the statute After careful consideration of all com­ (a), the fact that an employee otherwise “will require compensation for ’ hours ments received the Department has de­ subject to the exemption works overtime worked in excess of” the daily or weekly cided to adopt the following regulations in excess of the specified daily hours on hours specified insthe applicable subsec­ setting forth exemptions from the prohi­ 1 or more days in the workweek will tion which “must be at least 1% times bitions of Public Law 90-560. Accord­ not make the employer liable for any the regular rate of pay.” ingly, the regulations of the Post Office payment at overtime rates if the em­ (4) In any workweek in which an em­Department are amended as follows: ployee’s total hours of work in the work­ ployer is operating under such partial I. The content of present § 125.8 Air­ week are not in excess of the maximum exemption at an establishment and in mail is transferred (see amendment be­ applicable to him under section 7(a). For which the overtime compensation due an low), and new § 125.8 is inserted, read­ example, an employee who works two 15- employee would be greater under section ing as follows: hour days in the workweek (30 hours) is 7(a) than under the special overtime not required to be paid for overtime on provisions of such partial exemption, a § 125.8 Motor vehicle master keys. either a daily or a weekly basis under the failure by the employer to compensate (a) Definition. Motor vehicle master Act. Different rules apply, however, to the employee in accordance with the key means any key (other than the key employees whose hours of work in a special provisions leaves the employer furnished by the manufacturer with workweek exceed the maximum specified liable for the larger amount of overtime the motor vehicle, or the key furnished in section 7(a). These rules are discussed compensation required by section 7(a) with a replacement lock, or an exact in subparagraphs (4) and (5) of this in that week. For example, if an em­ duplicate of such keys) or manipula­ paragraph. ployee subject to the special overtime tion type device designed to operate (3) Whenever hours in excess of thoseprovisions of section 7(c) or 7(d) worked two or more motor vehicle ignition, door, specified in section 7(a) are worked by 11 hours on 1 day and 8 hours on each of or trunk locks of different combinations, an employee in any workweek which has 4 other days for a total of 43 hours in including any pattern, impression, or been selected for application of the pro­ the workweek, failure to pay daily over­ mold from which a master key or manip­ visions of section 7(c) or 7(d) to the em­ time compensation for 1 hour as required ulation device can be made. ployees at the establishment by which he by the special provisions would leave the (b) Mailability. The items defined in is employed as described in § 526.10, employer liable for an ovértime payment paragraph (a) of this section, and any § 526.11, or § 526.12 of this chapter (see for 3 overtime hours under section 7(a). advertising for the sale of any of these also §§516.18-516.19 of this chapter), This is so because these partial exemp­ items, are nonmailable except when sent such employee, if otherwise qualified for tions from the overtime requirements of to: application of section 7(c) or 7(d) to section 7(a) are made conditional upon (1) Lock manufacturers. him, must be paid overtime compensa­ payment of overtime compensation in (2) Professional locksmiths. tion as required by the special standards accordance with the special overtime (3) Motor vehicle manufacturers or of the applicable subsection. An employer provisions prescribed for the exemption dealers. who chooses to apply the partial over­ and an employer who fails to make such (4) Federal, State, or local govern­ time exemption provided therein to his payment is accordingly not relieved of ment agencies. operations at a particular establishment his overtime obligation under section 7 (c) Endorsement required. All mail­ must apply the conditions prescribed by (a). See Wirtz v. Osceola Farms Co., 372 ings must be plainly marked on the out­ the applicable subsection to all his eli­ side with the statement “Keys—Mailing gible employees, not otherwise exempt, F. 2d 584 (C.A. 5); Holtville Alfalfa Complies With P.M. 125.8” in bold block who are employed there. Thus, if an em­ Mills v. Wyatt, 230 F. 2d 298. letters. ployee otherwise qualified for the partial (52 Stat. 1060, as amended; 29 U.S.C. 201- (d) Questioned mailings. When the exemption provided by section 7(c) 219) postmaster at either the office of mailing works three 15-hour days in a workweek Signed at Washington, D.C., this 31st or the office of address has reason to selected by the employer, for application day of December 1968. question whether the addressee qualifies of such exemption to employees in the under paragraph (b) of this section to establishment where the employee is em­ Clarence T. Ltjndquist, ployed, at least time-and-one-half over­ Administrator, Wage and Hour receive a mailing, or whether an item is time compensation must be paid him for and Public Contracts Divisions. nonmailable for any other reason, he the 15 hours he has worked in excess of [F.R. Doc. 69-113; Filed, Jan. 3, 1969; may require the mailer or addressee to the 10-hour daily standard prescribed in 8:52 a.m.] furnish a written explanation of the that subsection. The employer, having addressee’s eligibility, or of the item’s chosen the particular workweek for ap­ mailability. If the explanation is not sat­ plication of the exemption to his employ­ ees qualified therefor who are engaged Title 39— POSTAL SERVICE isfactory to the postmaster, he shall for­ in the work of the establishment, cannot ward it with his statement of the perti­ avoid liability under the special overtime Chapter I— Post Office Department nent facts to the Classification and provisions of section 7(c) through the PART 125-—MAHER MAILABLE Special Services Division, Bureau of device of withdrawing his claim of ex­ UNDER SPECIAL RULES Operations, for a ruling. emption for an individual employee be­ cause in such workweek the hours PART 136— AIRMAIL No t e : The corresponding Postal Manual worked by the employee happen to be section is 125.8. such that section 7(a), if section 7(c) Motor Vehicle Master Keys II. In § 136.2 paragraph (b) is revised, were not applicable, would be satisfied In the daily issue of Friday, Novem­ to effect the transfer referred to in the by the payment of a lesser amount of ber 1, 1968 (33 F.R. 16092), the Depart- amendment above.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 146 RULES AND REGULATIONS

§ 136.2 Classification. 3» The heading of § 4-10.152 is cor­ are usually prepared as standard require­ ***** rected to read: ments for all similar construction. Gen­ (b) Articles acceptable. Any matter§ 4—10.152 Review and approval of eral requirements include such items as: acceptable in the domestic surface mail bonds. (1) Definitions. may be sent by airmail, except: (ii) Interpretations of quantities in (1) Anything susceptible to damage, the schedule of items. or which may be rendered harmful by PART 4-18— PROCUREMENT OF (iii) Control of work and material. changes in temperature or atmospheric CONSTRUCTION (iv) Scheduling prosecution and prog­ pressures and not protected against the ress of work. The table of parts is amended by add­ (v) Measurement and payment for effects of such changes. ing new Part 4-18, as follows: (2) Permanent magnetic materials work. with unconfined fields. 4-18 Procurement of construction. (vi) Removal of structures and (3) Matter specifically excluded by New Part 4-18 is added to read as fol­ obstructions. appropriate Federal agencies from air lows: (vii) Final cleaning up, etc. shipment. (2) Construction details. These are Subpart 4—18.1— General Provisions the technical specifications for each item * * * * * listed in the Schedule of Items of the N o t e : The corresponding Postal Manual Sec. section is 136.22. 4-18.107 Specifications. bid invitation and contract. Such con­ 4-18.110 Liquidated damages. struction details should be titled and (5 U.S.C. 301, 39 U.S.C. 501, 4010) numbered exactly as the item is to appear Subpart 4—18.2— Formal Advertising T imothy J. May, in the schedule of items and include the General Counsel. 4—18.202 Preinvitation notices. following: 4-18.203 Invitations for bids. (i) Description of the item of con­ [F.R. Doc. 69-86; Piled, Jan. 3, 1969; 4-18.203-2 Distribution of invitations for 8:49 a.m.] bids. struction. 4—18.203—50 Plans and drawings. (ii) Construction methods. 4-18.203-51 Schedule of items. (iii) Method of measurement. 4-18.203-52 Special conditions. (iv) Basis of payment. 4-18.203-53 Deposit or payment for plans, (3) Supplemental specifications. When Title 41— PUBLIC CONTRACTS drawings, and specifications. an agency is engaged in a regular pro­ 4-18.206 Opening of bids. gram of construction, it is the usual prac­ AND PROPERTY MANAGEMENT 4-18.206-50 Analyses of bids. 4-18.208 Award. tice to prepare the general requirements Chapter 4— Department of 4-18.250 Preparation of contract forms. and construction details as standard Agriculture specifications for all recurring construc­ Subpart 4—18.50— Labor tion work. Such standard specifications PROCUREMENT OF 4-18.5001 Rates of wages. are usually reproduced in quantity for CONSTRUCTION 4-18.5002 Nonrebate of wages^—Copeland attachment as necessary to the invitation Act. for bids and contract. For each contract, This amendment of the Agriculture 4-18.5003 Contract Work Hours Standards however, there may be peculiarities of Procurement Regulations adds a new Act. construction that require either deviation Part 4-18, Procurement of Construction, Subpart 4--18.51— Contract Administration from the standard specifications or addi­ and makes related changes elsewhere in tions thereto. These are ordinarily in­ the chapter. 4-18.5101 Performance and payment bonds. cluded in an attachment called “Supple­ PART 4-4— SPECIAL TYPES AND 4-185102 Notice to proceed. mental Specifications” which, as the term METHODS OF PROCUREMENT 4-18.5103 Changes in construction con­ implies, supplement the standard speci­ tracts. fications. Provision should be made in the 1. The table of contents entry for Sub­ 4-18.5104 Differing site conditions. “General Requirements” that where part 4—4.53 is revised to read as follows: 4-18.5105 Work orders. there is a conflict between the supple­ 4-18.5106 Amendment. Subpart 4—4.53 [Reserved] 4-18.5107 Equitable adjustment. mental specifications and other contract 4-18.5108 Work progress reports and in­ specifications, the supplemental specifi­ 2. Subpart 4-4.53, Procurement of voices. cations shall govern. Construction, Is deleted in its entirety. 4-18.5109 Extension of contract time. (b) Identification. The invitation for 4-18.5110 Claims arising out of breach bids and contract should clearly identify PART 4-10— BONDS AND contract by the Government each page of the specifications by title INSURANCE . Au t h o r it y : The provisions of this Part and inclusive page or paragraph numbers 4-18 issued under sec. 205(c), 63 Stat. 309; as appropriate. The table of contents entries for Sub­ 40 U.S.C. 486(c). part 4-10.1 is revised to add : §4—18.110 Liquidated damages. Subpart 4—18.1— General Provisions Sec. Liquidated damages provisions for con­ 4-10.104-1 Construction contracts. § 4—18.107 Specifications. 4-10.105-1 Construction contracts. struction contracts are contained in the (a) Preparation. Specifications for “Termination for Default—Damages for Subpart 4-10.1— Bonds construction contracts are usually pre­ Delay—Time Extensions” clauses of pared in three parts as described in this the Standard Contract Forms. See also 1. Subpart 4-10.1 is revised to add a section although in small contracts they new § 4-10.104-1 as follows: may be combined if appropriate. These § 1-8.709 of this title. § 4—10.104—1 Construction contracts. specifications generally include only the Subpart 4-18.2— Formal When a performance bond is not fur­ technical details of the construction con­ Advertising nished within the period specified by the tract with administrative provisions be­ ing included in the “Special Conditions.” § 4r—18.202 Preinvitation notices. terms of the contract, see also § 4-18.5101 The following is suggested as a guide in (b). Notices should also contain the follow­ arranging the specifications for a con­ ing information: (a) Form of contract to 2. Subpart 4-10.1 is revised to add a struction contract: be required, (b) bonds required, (c) new § 4-10.105-1, as follows: (1) General requirements. These are the specification requirements of a gen­ amount of deposit or purchase cost to ob­ § 4—10.105—1 Construction contracts. eral nature that apply to all items of tain plans, drawings, and specifications, When a payment bond is not furnished construction listed in the contract speci­ and (d) the invitation number assigned. within the period specified by the terms fications. When an agency is engaged in Standard Form 20 may be used for this of the contract, see also § 4-18.5101 (b). a regular program of construction, they notice.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 147

§ 4—18.203 Invitations for bids. the general provisions of Standard Con­ be supported by the opinion of those tract Forms. Special conditions generally contacted as above. § 4—18.203—2 Distribution of invitations include such items as: for bids. (a) Time for completion of work. § 4 —18 .2 0 8 Award. (a) Selection of bidders. When infor­ (b) Rates of wages. (a) Availability of funds. Prior to mation is available in advance of bid (c) Bond requirements. award of the contract or any subsequent solicitation, invitations for bids should (d) Liquidated damages. change therein, the contracting officer be sent only to those prospective bidders (e) Subcontracting, must have written assurance that suffi­ who are considered responsible and com­ (f) Designation of contracting officer’s cient funds are available within the cur­ petent to perform the work required by representative, etc. rent allotment and that they are re­ the bid specifications. Unless debarred or served for the proposed action. suspended, however, no bidder may be re­ § 4—18.203—53 Deposit or payment for (b) Wage rate determinations. Notice fused an opportunity to bid. plans, drawings, and specifications. of award must be given within 120 days (b) Mailing lists of prospective bidders. Plans, drawings, and specifications from the date of the original wage deter­ Those agencies regularly engaged in con­ consisting of more than a few sheets mination or new wage determinations struction work should assemble a list of are quite expensive; therefore, casual obtained and made a part of the con­ prospective bidders classified by special­ requests should be discouraged. Requir­ tract before it is awarded unless the ties, bonding capacity and location of op­ ing deposit or payment serves to limit the determination is extended in accordance erations. The State Office of the Associ­ requests to those firms who have an in­ with § 5.4a of the regulations of the ated General Contractors of America, terest in bidding or as subcontractors. Secretary of Labor. Inc., is an excellent source of help in con­ When a deposit is required, the amount (c) Instructions regarding labor pro­ tacting and listing contractors, and in of the deposit should not be in excess of visions. (1) Upon award of the contract most cases information on equipment the cost of preparation but yet should be the successful bidder shall be furnished ownership, financial standing and gen­ kept high enough to discourage promis­ with a copy of Form AD-372, “Regula­ eral reputation can be secured. When in­ cuous requests. The bookkeeping required tions Applicable to Contracts Covering formation concerning qualifications of in setting up an account to handle de­ Federally Financed and Assisted Con­ bidders is desired, forms entitled “Ex­ posits and make refunds may prove bur­ struction and Other Contracts Subject to perience Questionnaire”, “Plan and densome; therefore, an arrangement the Contract Work Hours Standards Equipment Questionnaire”, and “Con­ whereby one set of plans, drawings, and Act.” Form AD-372 is available from the tractor’s Financial Statement”, should be specifications is furnished free of charge Central Supply Section. used to secure this data frpm the pros­ to general contractors and additional sets (2) The contractor’s attention should pective bidder. These forms are available are furnished on a sale basis only, is one particularly be called to the requirement from ¿he Office of Plant and Operations. way of alleviating the situation. (The for submission of weekly payrolls and successful bidder will be furnished with statements with respect to payment of § 4—18.203—50 Plans and drawings. as many sets of plans, drawings, and wages. If there is a representative of the Plans and drawings should be clearly specifications as may be necessary for contracting officer on the site of the job, identifiable by sheet numbers and titles the job or a reasonable number of sets responsibility for securing these docu­ and be so identified in the bid invitation without charge.) One complete set should ments may be delegated to him; other­ and contract. For general information be displayed in the office issuing the in­ wise the contractor should be required regarding building codes and stand­ vitation and be made available for in­ to mail them direct to the contracting ards of design, see section 104-17.451. spection by any interested parties. When officer. (Not published in the Code of Federal this method is employed, the following (d) Equal opportunity provision. Upon Regulations.) language should appear in the “Notice to award of the contract, the contractor § 4—18.203—51 Schedule of items. Prospective Bidders”: shall be furnished posters and directions One set of plans, drawings, and specifica­ for their use in accordance with § 1- When a single bid price is required, it tions will be furnished free, upon application 12.805-3 of this title and § 4-12.805-3 of should be made clear to the bidder that therefor, to general contractors only who can this chapter. the price is to be entered in the space quote on the entire job as required. Addi­ (e) Notice of award. The contractor provided on the Standard Bid Forms. tional copies are available at $_____ per set. should be formally notified by letter or However, in most instances prices may be Plans, drawings, and specifications will be desired for each integral portion of the on display for examination by interested other written notice, and requested to parties a t ______furnish performance and payment job. In such event bidders should be re­ bonds and to return a copy of the con­ ferred to a “Schedule of Items” which § 4—18 .2 0 6 O pening o f bids. will be attached to and made a part of tract properly signed. Upon receipt of § 4—18.206—50 Analyses of bids. properly executed bonds and contract, the bid invitation papers by appropriate two copies of the contract, containing all reference. The schedule of items on which Methods to be followed in the analysis pertinent papers and signed by the con­ the bidder inserts his bid is prepared by of bids on construction are the same as tracting officer should be furnished to tabulating the items of work correlated those for other types of contracts. (See the contractor, together with instructions with exact item numbers and titles of Subpart 1-2.4 of this title.) Particular regarding labor provisions of the con­ work descriptions contained in the “Con­ care should be taken in analyzing bids tract; provision for schedule of work, struction Details” of the specifications for construction work to assure the suffi­ etc.; and any other pertinent advice, and showing the estimated quantity of ciency of the bid bond, determine that such as the name of the authorized rep­ each item of work in a form that will the low bidder is responsible and quali­ resentative of the contracting officer. permit the contractor to prepare his fied to perform the work, that the bid bid. The schedule of items or general price is reasonable by comparison to the § 4—18.250 Preparation of contract provisions shall state definitely whether agency cost estimate, and that no ex­ form s. award is on an individual item basis or ceptions to the bid specifications are See Subpart 4-16.4 of this chapter. on an “all or none” basis. When Stand­ taken by the bidder. When there is any ard Forms 23 and 23A are to be used for doubt as to the bidder’s financial ability Subpart 4—18.50—Labor the contract, the schedule of items should or experience qualifications, the bidder’s § 4—18.5001 Rates of wages. be prepared as a separate attachment bonding company, bank, state office of to the invitation for bids so that it may Associated General Contractors; Small (a) Davis-Bacon Act applicability. be easily copied and made a part of the Business Administration (see § 1-1.708-2 The Davis-Bacon Act (40 U.S.C. 276a) contract. of this title), and previous contract em­ requires that the advertised specifications for every contract in excess of $2,000 for § 4—18.203—52 Special conditions. ployers should be contacted. Bonding companies, particularly, are helpful in the construction, alteration or repair of This section of the invitation for bids resolving questions in this area. Rejec­ public buildings or works, including and contract for construction should in­ tion because of insufficient financial painting or decorating buildings, shall clude those conditions which supplement ability or experience qualifications should contain a provision stating the minimum

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 148 RULES AND REGULATIONS wages and fringe benefits to be paid la­ § 4—18.5002 Nonrebate of wages— Cope­ (c) Change order. The change shall be borers and mechanics. Applicability of land Act. made by means of a written change order the provisions of the Davis-Bacon law is The Copeland Act, also known as the which may be by letter or on agency dependent upon the actual contract price “Kick-Back Act” (18 U.S.C. 874) makes forms. The order shall cite the changes and not upon estimates as to whether it unlawful to prevent anyone employed clause of the contract as the basis and the_ contract work is in excess of $2,000 in the construction, alteration, or repair authority for ordering the change. As a the statutory minimum, and even though of buildings or works financed in whole general rule, the order setting forth the said provisions were included in a con­ or in part by the United States from re­ changed work and the adjustment in tract where the price is less, there is no ceiving the rates of pay legally due. This price and/or time should be issued before requirement for compliance therewith, Act, unlike the Davis-Bacon Act, applies commencement of the changed work. because public officers do not have legal regardless of the contract amount. (See Only where time is not available and the authority to include provisions contrary 19 Comp. Gen. 576.) The required con­ changed work must proceed without de­ to law (see 18 Comp. Gen. 394). When­ tract provision is-stated in Clause 5 of lay may the change be initiated by a ever it is believed the contract amount Standard Form 19A. (See § 1-16.901-19A “two-part” change order. Part I will then may exceed $2,000, provision should be of this title.) be issued, setting forth the scope of the made in the invitation for bids for com­ change, stating that the contractor is to pliance with the Act. The labor standards § 4—18.5003 Contract Work Hours proceed with the work as changed and provisions of Standard Form 19A are Standards Act. that adjustments in contract price sufficient to require such compliance. The Contract Work Hours Standards and/or time will be made at an early (b) Requesting wage determinations. Act (40 U.S.C. 327-330) relates to the date. Part II would be issued as soon as Agencies shall request wage determina­ 8-hour day, 40-hour week, overtime com­ adequate data is developed to enable tions by submitting to the Solicitor of pensation of laborers and mechanics em­ making the equitable adjustment. Pro­ Labor, U.S. Department of Labor, Wash­ ployed by contractors. The required con­ vision should also be made for receipt ington, D.C. 20210, in accordance with tract provision is stated in Clause 2 of and acceptance of the change order(s) section 5.3 of the regulations a completed Standard Form 19A. (See § 1-16.901-19A by the contractor, including his agree­ Department of Labor Form DB-11. These of this title.) ment to the adjustment in contract price forms are available from Central Sup­ and/or time specified therein. No condi­ ply Section. Requests for wage determi­ Subpart )4—18.51— Contract tions shall be extended by the contract­ nations shall be initiated at least 30 cal­ Administration ing officer for nonacceptance, such as endar days before advertisement of the § 4—18.5101 Performance and payment withholding of otherwise due payihents, specifications or the beginning of nego­ bonds. agreements on items in dispute, etc. tiations for the contract for which the (a) When performance and payment Failure to agree on terms of the change determinations are sought. The Depart­ bonds are received, they should be shall be handled as a dispute. Prior to ment of Labor has indicated that excep­ administratively approved as to form and issuance of a change order increasing the tions to this requirement will be made sufficiency by the contracting officer. See contract amount, the contracting officer only upon a proper showing of need in § 4-10.152 of this chapter for instructions must have written assurance that funds unusual cases. on approval and filing of bonds. are available and reserved for 'the pro­ (c) Inclusion of rates in specifications. (b) If the contractor fails to furnish posed action. Also, the surety should be Minimum wage rates thus obtained shall acceptable performance and payment advised of the change, although this is be included in the advertised specifica­ bonds, the contract should be terminated not required by the contract terms. tions of each invitation when issued. If for default. (See § 1-18.803 of this title.) (d) Authorized changes. The cited circumstances require issuance of an in­ See also §§ 1-10.104-1 (d) and 1-10.105- contract provision includes any struc­ vitation prior to availability of the wage 1 (d) of this title. . tural changes to the total work which determination, a notice shall be included can be said to have been fairly and rea­ that the applicable wage rates will be § 4—18.5102 Notice to proceed. sonably within the contemplation of the furnished by an amendment. Such When the contract is returned by the parties at the time the contract was amendment shall be issued not less than contractor, it should be checked for ap­ made. It includes nonstructural changes 14 calendar days prior to the bid opening propriate signatures. Upon approval of necessary to carry on the work such as date, which date shall be extended if the contract and bonds by the contract­ changes in sequence of operations, ac­ necessary to cover the 14-day period. ing officer, the notice to proceed should celeration of work, and changes in Gov­ (d) Use of wage determinations. Wage be issued as provided in the contract. Or­ ernment furnished materials. determinations expire 120 days after the dinarily, this will be by letter directing (e) Timeliness. Contract performance date thereof, ahd may not be incorpo­ the contractor to proceed with the work may be suspended or delayed by the con­ rated in contracts awarded thereafter, within the period of time after date of tracting officer for a reasonable time, unless extended in accordance with sec­ receipt of the notice to proceed, as stated where necessary to work out the details tion 5.4a of the regulations of the Secre­ in the contract. This notice should be of a proposed change and issue a change tary of Labor. All actions by the Secre­ sent by registered or certified mail with order. What is a reasonable time depends return receipt in order to determine the upon the extent of the change and other tary of Labor changing or modifying starting date of contract time. original wage determinations prior to the material circumstances. In any event, the § 4—18.5103 Changes in construction contracting officer should proceed with award of the contract shall be applicable contracts. contract changes, and adjustments thereto, except that modifications re­ (a) Contract provision. In accordance thereunder, in a manner calculated to ceived by the agency later than 10 days with Clause 3 of Standard Form 23A and minimize any adverse effect on the before the opening of bids shall not be Clause 1 of Standard Form 19, the con­ contractor. effective. tracting officer may at any time, by a (f) Disputes. If the contractor does (e) Apprentice wage rates. Depart­ written order, make changes in the- not agree with the adjustment in the drawings and/or specifications of the change order, he must nonetheless pro­ ment of Labor regulations require that contract, if within the general scope ceed with the prosecution of the work invitations to bid on construction con­ thereof. as ordered. He is allowed a period of 30 tracts in excess of $2,000 include the pro­ (b) Determination of contract adjust­ days from the date of receipt of the vision regarding employment of appren­ ment. If changes cause an increase or de­ change order by the changes provision tices, Article 3 of Standard Form 19A. crease in the contractor’s cost of, or in of the contract within which to claim Apprentices shall be paid wage rates es­ the time required for, performance of further adjustment. However, if the con­ the contract, an equitable adjustment in tracting officer determines that the facts tablished in the applicable apprenticeship the amount to be paid the contractor justify such action, i.e., that the delay is program. Questions concerning payment and/or in the time of performance shall not prejudicial to the Government, and of apprentices shall be referred through be made by the contracting officer in ac­ evidence is available to determine the channels to the Department of Labor. cordance with § 4-18.5107. merits of the claim, he may consider and

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 RULES AND REGULATIONS 149 adjust any such claim if asserted at any contractor would not have anticipated Quantity Variations time prior to the date of final payment their presence under the circumstances. (a) Where the quantity of work shown under the contract. Upon receipt of such Relief does not depend upon a compari­ for an item in the schedule of items, includ­ a claim, the contracting officer shall con­ son of the conditions found with the ing any modification thereof, is estimated, sider the facts and make whatever fur­ contract documents, but rather on no adjustment of the contract price nor of ther adjustment in the contract is justi­ whether the actual conditions encoun­ the performance time shall be made for over­ fied in accordance with the procedures runs or underruns which are within twenty- tered do differ substantially from what a five (25) percent of the estimated quantity for equitable adjustments stated in contractor should reasonably have ex­ of any such item. §4-18.5107. pected, based not only upon the informa­ (b) For overruns of more than twenty-five § 4—18.5104 Differing site conditions. tion furnished by the Government, but (25) percent, the Contracting Officer shall also upon the conclusions which would reestimate the quantity for the item, estab­ (a) Contract provisions. Clause 4 of reasonably be drawn from generally lish an equitable contract price for the over­ Standard Form 23A provides that the known conditions of the surrounding run of more than twenty-five (25) percent, contractor shall promptly, and before area and the nature of the job to be adjust contract performance time equitably, such conditions are disturbed, notify the done. Statements in the invitation that and modify the contract in writing accord­ Contracting Officer in writing of (1) the contractor is responsible for inform­ ingly; this clause to thereafter be applica­ subsurface or latent physical conditions ble to the total reestimated item quantity. ing himself of conditions at the site, or (c) For underruns of more than twenty- at the site differing materially from those that disclaim responsibility of the Gov­ five (25) percent, the Contracting Officer indicated in the contract, or (2) un­ ernment for unknown conditions cannot shall determine the quantity for the item, known physical conditions at the site of detract from the right given the con­ establish an equitable contract price therefor, an unusual nature, differing materially tractor by the Differing Site Conditions adjust contract performance time equitably, from those ordinarily encountered and Clause to an equitable adjustment if he and modify the contract in writing accord­ generally recognized as inhering in work encounters conditions which he could ingly. of the character provided for in the not reasonably be expected to have fore­ Additional language may be included contract. Similar language appears in seen under the circumstances. However, limiting application of the provision to Clause 1 of Standard Form 19. These if the bidder is given an opportunity to major items in the contract. standard forms provide that if such inspect the site and fails to do so, he conditions cause an increase in the cost cannot obtain relief on the basis of ig­ § 4—18.5105 Work orders. of, or in the time required for, perform­ norance of conditions of which he could The term “work orders” is used for a ance of any part of the work under the have been warned by a thorough visual variety of actions which are within the contract, whether or not changed as a inspection. Unusual weather conditions general scope of the contract, but which result of such conditions, an equitable are not considered differing physical do not increase or decrease the amount adjustment in the amount to be paid the conditions within the meaning of this due under the contract or the time re­ contractor and/or in the time of per­ clause. quired for its performance. Any situation formance shall be made by the con­ (c) Determination of contract adjust­ involving a “Change” or “Differing Site tracting officer, unless the contractor ment. Upon receipt of notice of a differing Conditions,” as described in §§ 4-18.5103 fails to give the required notice and the site condition from the contractor, the and 4-18.5104, requires a change order contracting officer does not consider contracting officer shall promptly investi­ signed by the contracting officer whether waiver of the notice to be justified. gate the conditions and if he finds that or not there is a change in the contract (b) What constitutes a differing site such conditions do so materially differ amount or time of performance. Work condition—(1) Misrepresented condi­ and cause an increase or decrease in the orders would be used for any situation tions. The first category of conditions cost of, or the time required for, perform­ where it is advisable to direct the con­ cognizable under the differing site con­ ance of any part of the work under the tractor in writing to fulfill some contract ditions clause is those physical conditions contract, he shall determine and make requirement in a specific way, such as differing materially from that indicated an equitable adjustment as provided in when he ignores verbal directions, or to by the invitation and contract, including § 4-18.5107. No claim for adjustment order performance of work for which a all plans, drawings, specifications, logs, shall be allowed unless the contractor has contingent sum is set up in the schedule charts, and other parts thereof. If the given written notice of the differing con­ of items of work and which is not covered Government intentionally or uninten­ ditions prior to their being disturbed, by the notice to proceed, or to establish tionally misrepresented what had been unless the Government actually knew of specifications for portions of work which found in the course of its site investiga­ the conditions, or where its interests the contract provides shall be at the tive work, or found otherwise, or withheld were not prejudiced by failure to give direction of the engineer, etc. Work pertinent information which could have notice at the time required, or where orders are a part of the official actions had a substantial bearing on the con­ evidence is available to establish the under a contract and as such are to be tractor’s bid calculations and the con­ merits of the claim. retained as a part of the contract file. tractor was therefore damaged through (d) Disputes. If the contractor does his reasonable reliance upon the infor­ not agree with the adjustment made by § 4—18.5106 Amendment. mation provided by the Government, he the contracting officer, he may so notify All changes in contract work within is entitled to an equitable adjustment. In the contracting officer, who then shall the general scope contemplated by the such a case, the usual contract clauses prepare a finding of fact and make a contract will be ordered by change or­ warning the bidder to inspect the site, decision, as provided in § 4-50.104 of this ders. When additional work outside the and at the same time disclaiming re­ chapter. In accordance with the contract scope of the contract is required, and it sponsibility of the Government for in­ Disputes Clause, the contractor may is determined that the contractor is the accuracy of information supplied, are appeal from the decision of the contract­ only reasonable source, such additional insufficient to overcome the Govern­ ing officer within 30 days from the date of work may be included in the contract by ment’s failure to supply available, accu­ receipt thereof. an amendment in the form of a supple­ rate information. On the other hand, if (e) Contract provisions for estimated mental agreement which must be signed the Government shows fairly, honestly, quantities. (1) Where quantities of items, by the contractor. The contract file must and completely what it has found, the such as earth excavation, rock removal, contain a statement adequately support­ fact that what it does show may not be etc., are estimated, consideration should ing tfie execution of the agreement as be­ representative of the conditions later be given to including in the contract a ing within the exceptions to the statutory found to exist will not enable the con­ special provision establishing the point at advertising requirements. tractor to be relieved because of mis­ which overruns or underruns of such § 4—18.5107 Equitable adjustment. representation. estimated quantities shall be considered (2) Unanticipated conditions. This (a) Authority. The standard contract category of conditions includes those ex­ as entitling the Government or the con­ clauses such as for “Changes”-, “Differing isting at the time the contract was made tractor to an equitable adjustment in the Site Conditions”, “Disputes”, etc., provide which were unknown to both parties, and contract price. The following language is for the making of equitable adjustments of such unusual nature that a competent prescribed for such a provision: in contract price and time.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. 8- ■6 150 RULES AND REGULATIONS (b) Determination. The method of de­ (c) Documentation. The final deter­ contracting officer shall ascertain the termining the equitable adjustment mination of an equitable adjustment, in­ facts and prepare and furnish to the con­ varies, dependent upon whether work cluding the basis therefor, must be in tractor a report of his findings and de­ is, or is to be, completed, and upon the writing. Agreement thereto in writing by cision. (See § 1-8.602-3 of this title.) adequacy of contractor’s accounts, the the contractor must be obtained when § 4—18 .5 1 1 0 Claims arising out of nature of the work, etc. While rigid rules the contract requires such agreement. breach of contract by the Govern­ applicable to all circumstances cannot be Documented agreement is desirable in m ent. given, these are some rules of general any case. application: (d) Disputes. Failure to agree upon an (a) Claims by contractors arising out (1) The costs that will be reasonably adjustment in the contract shall be set­ of breach of contract by the Government experienced by the contractor should be tled in accordance with procedures stated may not be settled administratively. used. The costs of a more experienced in Subpart 4-50.1 of this chapter. (b) If the Contracting Officer deter­ company should not be used as a stand­ mines, based upon the facts surrounding ard. § 4—18.5108 Work progress reports and the alleged breach, that responsibility (2) Profit is allowable unless the con­ invoices. should clearly rest with the Government; tract provision specifically limits re­ As a minimum, the contracting officer and, if the claim is reasonable, just, and covery to costs. However, anticipated should be advised once each month as to agreed to by both parties as to amount, profit on work deleted may not be the progress of construction work in such it should be submitted to the General Ac­ included. terms as to enable him to judge whether counting Office for settlement. (3) Adjustments may be based on fair satisfactory progress under the contract (c) All such claims shall be accom­ and reasonable approximations of the is being obtained. The work progress re­ panied by all available evidence and shall costs made by experts. port may be in the form of an estimate extend only to-the actual costs incurred (4) The mere difference between the of work accomplished under each item which are in excess of the costs which originally estimated cost of performance which, if in appropriate detail, may be reasonably would have been incurred but and the actual cost of performing used by the contractor as his invoice. for the breach of contract by the changed work is not of itself an accepta­ § 4—18.5109 Extension of contract time. Government. ble basis for making the adjustment. Extension of contract time may be Done at Washington, D.C., this 30th What would be reasonable costs of per­ day of December 1968. forming the work must be determined. authorized only when contract general (5) Adjustments in both time and provisions (such as clauses 3, 4 and/or 5 Elmer Mostow, price should be made concurrently. Any of SF-23A) provide specific authority Director, adjustment in contract time is a recogni­ therefor. When an extension of contract Office of Plant and Operations. tion that cost of performance may be sub­ time is requested because of delays due [F. R. Doc. 69-47; Filed, Jan. 3, 1969; ject to adjustment. to causes as specified in the contract, the 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 151 Proposed Rule Making

sessed only one-fourth of the actual per­ lished in the F ederal R egister. All com­ DEPARTMENT OF AGRICULTURE centage of the soybeans that are stung ments filed will be available for public by stink bug. For example, a sample with inspection during official hours of busi­ Consumer and Marketing Service 8 percent of injury as a result of stink- ness (7 CFR 1.27(b). [ 7 CFR Part 26 1 bug stings and 2 percent of damage by Consideration will be given to all writ­ mold or other causes would be considered ten comments filed with the Hearing SOYBEANS to contain a total of 4 percent of dam­ Clerk and to all other information avail­ aged kernels (8 percent of stink-bug- able to the U.S. Department of Agri­ Standards stung kernels-i-4+2 percent damage by culture in deciding on the proposed Pursuant to the administratve proce­ mold or other causes=4 percent total changes in §§ 26.601(k) and 26.602(b). dure provisions of 5 U.S.C. section 553, damage). The proposal to assess only Copies of the current soybean stand­ notice is hereby given that the U.S. De­ one-fourth of the actual percentage for ards may be obtained from the Director, partment of Agriculture has under con­ stink-bug injury is based on the apparent Grain Division, Consumer and Market­ sideration proposed changes in §§ 26.601 small changes in the chemical composi­ ing Service, U.S. Department of Agri­ (k) and 26.602(b) of the Official Grain tion of samples containing up to 10 per­ culture, Federal Center Building, Hyatts- Standards of the United States for Soy­ cent of such injury. ville, Md. 20782, or from any field office beans (7 CFR 26.601 et seq.) promulgated The proposed changes are as follows: of the Grain Division. A list of field offices under the authority of the U.S. Grain (1) Revise § 26.601 (k) to include in may be obtained from the above address. Standards Act (7 U.S.C. 71 et seq. as the definition for damaged kernels those amended by 82 Stat. 761). kernels which have been stung by stink Done at Washington, D.C., this 31st day Statement of considerations. This pro­ bugs. of December, 1968. » posed amendment of the soybean stand­ (2) Revise § 26.602(b) to provide that G. R. Grange, ards is issued under authority of the U.S. the percentage of stink-bug-stung ker­ Deputy Administrator, Grain Standards Act (7 U.S.C. 71 et seq. nels in a lot of soybeans be assessed at Marketing Services. as amended by 82 Stat. 761) which pro­ the rate of one-fourth of the actual per­ [F.R. Doc. 69-81; Filed, Jan. 3, 1969; vides for official standards to designate centage of such kernels in a lot. 8:48 a.m.] the level of quality for the voluntary use The provisions of §§ 26.601 (k) and by producers, buyers, and consumers in 26.602(b) if amended as proposed would the domestic trading of grain and for read as follows: [ 7 CFR Part 913 1 the mandatory use by exporters in the [Docket No. AO-353-A1-RO-1 ] export trading of grain. Official grading § 26.601 Terms defined. service is provided under this Act upon # * ' * * 4c GRAPEFRUIT GROWN IN INTERIOR request of the applicant and payment of (k) Damaged kernels. Damaged ker­ DISTRICT IN FLORIDA a fee to cover the cost of service. nels shall be soybeans and pieces of soy­ Section 26.601 (k) of the Official Grain beans which are heat-damaged, Notice of Reopening of Hearing Re­ Standards of the United States for Soy­ sprouted, frosted, badly ground-dam­ garding Proposed Amendment to beans provides that the grading factor aged, badly weather-damaged, moldy, Marketing Agreement and Order “damaged kernels” shall include soybeans diseased, stink-bug-stung, or otherwise and Supplemental Notice of Hear­ that are heat-damaged, sprouted, materially damaged. ing Regarding Proposed Additional frosted, badly ground-damaged, badly § 26.602 Principles governing applica­ weather-damaged, moldy, diseased, or Amendment to Marketing Agree­ tion of standards. ment and Order; Correction otherwise materially damaged. * * * * * Several years ago the Department in­ (b) Percentages. All percentages shall In F.R. Doc. 68-15073 appearing at structed inspectors to consider soybeans be upon the basis of weight. The per­ page 18710 of the issue for Wednesday, that contain stink-bug stings as ma­ centage of splits shall be expressed in December 18, 1968, the second para­ terially damaged kernels. Accordingly, terms of whole percents. All other per­ graph incorrectly states that the supple­ in the official inspection of soybeans the centages shall be expressed in terms of mentary proposals contained therein Department includes as materially dam­ whole and tenths percents. The percent­ were submitted by the Growers Admin­ aged kernels those soybeans that show age of stink-bug-stung kernels in a lot istrative Committee, the local adminis­ evidence of stings by species of Penta- of soybeans shall be assessed at the rate trative agency for the program. The cor­ tomidae (stink bugs). Widespread in­ of one-fourth of the actual percentage of rect name of such agency is the Interior crease of such stings in recent years has such kernels in the lot. Grapefruit Marketing Committee. There­ stimulated research on the nature of the fore, said second paragraph is hereby The U.S. Grain Standards Act requires corrected to read as follows : stings and their effect on the quality of that public notice be given on any soybeans. The available research data amendment of the standards not less Notice is hereby also given that the shows that the presence of approxi­ than 90 days in advance of the effective amendatory proposals in the notice of mately 10 percent of kernels containing date of such amendment. If the proposed July 31, 1968, are supplemented by those stink-bug stings in otherwise sound lots changes as set forth herein are adopted, hereinafter set forth. The supplemental of soybeans caused a decrease of only proposals were submitted by the Interior about 0.25 percent in oil content, an in­ it is intended that the changes be made Grapefruit Marketing Committee, the crease of 4 l/z units in the fat acidity effective on or about September 1, 1969, local administrative agency for the pro­ value, and an increase of about 0.5 per­ the beginning of the new crop. ^ gram. None of the amendatory pro­ cent in protein content of the soybeans. Public hearings will not be held, but posals, including those in this supple­ On the basis of the available data, it all persons who desire to submit written mental notice, has received the approval appears that the adverse effects of data, views, or recommendations in con­ of the Secretary of Agriculture. the stings are not sufficient to justify nection with these proposals may file the Dated: December 31, 1968. the present significance given, in the same in duplicate with the Hearing grade standards for soybeans, to this type G. R. G range, of injury. Accordingly, it is proposed that Clerk, U.S. Department of Agriculture, Acting Deputy Administrator, soybeans showing evidence of stings by Room 112, Administration Building, Regulatory Programs. stink bugs would continue to be consid­ Washington, D.C. 20250, not later than [F.R. Doc. 69-142; Filed, Jan. 3, 1969; ered as damaged soybeans but be as­ 30 days after the proposal has been pub­ 8:52 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 152 PROPOSED RULE MAKING

[ 7 CFR Part 945 ] fail to meet the weight range for the des­ ignated count: DEPARTMENT OF [945.326, Amdt. 1] (a) 5 percent for undersize; and, IRISH POTATOES GROWN IN CER­ (b) 10 percent for oversize. TRANSPORTATION TAIN DESIGNATED COUNTIES IN (3) Cleanliness—(i) Kennebec variety. Federal Aviation Administration IDAHO AND MALHEUR COUNTY, Not more than “slightly dirty.” (ii) All other varieties. “Generally [ 14 CFR Part 39 1 OREG. fairly clean.” [Docket No. 68-CE-10-AD] Limitation of Shipments (b) Minimum maturity requirements— (1) White Rose variety. No maturity re­ AIRWORTHINESS DIRECTIVE Consideration is being given to a pro­ quirements. posed amendment of the limitation of * * * > * Beech Model 18 Series Airplanes; shipments regulation (33 F.R. 9531), as (c) Special purpose shipments. (1) The Withdrawal of Advance Notice of hereinafter set forth, which was recom­ minimum grade, size, cleanliness, and Proposed Rule Making mended by the Idaho-Eastern Oregon maturity requirements set forth in para­ Potato Committee, established pursuant On July 4, 1968, an advance notice of graphs (a) and (b) of this section shall proposed rule making was published in to Marketing Agreement No. 98 and Or­ not be applicable to shipments of pota­ der No. 945, both as amended -(7 CFR the F ederal R egister (33 F.R. 9712) toes for any of the following purposes: soliciting comments regarding the pro­ Part 945), regulating the handling of (1) Certified seed; Irish potatoes grown in certain desig­ posed amendment of Part 39 of the Fed­ (ii) Charity; eral Aviation Regulations by issuing an nated counties in Idaho and Malheur (iii) Starch; County, Oreg. This program is effective airworthiness directive requiring either (iv) Canning or freezing; inspection or reinforcement of the entire under the Agricultural Marketing Agree­ (v) Experimentation; ment Act of 1937, as amended (7 U.S.C. lower spar cap on Beech Model 18 Series (vi) Seed pieces cut from stock eligi­ airplanes. 601 et seq.). ble for certification as certified seed. All persons who desire to submit writ­ (2) The minimum grade, size, cleanli­ The advance notice stated that con­ ten data, views, or arguments in connec­ sideration would be given all comments ness, and maturity requirements set forth received on or before October 1, 1968. tion with this -proposal should file the in paragraphs (a) and (b) of this section same in quadruplicate with the Hearing shall be applicable to shipments of pota­ The comment period was later extended Clerk, Room 112, U.S. Department of toes for each of the following purposes: to November 9,1968. Agriculture, Washington, D.C., 20250, not (i) Export: Provided, That potatoes of After reviewing and analyzing all later than 5 days after publication of comments received, the agency has de­ a size not smaller than iy2 inches in termined that sufficient justification this notice in the F ederal R egister. All diameter may be shipped if the potatoes written submissions made pursuant to grade not less than U.S. No. 2; and does not exist for the action proposed. this notice will be made available for (ii) Potato chipping: Provided, That The agency believes that the current re­ public inspection at the office of the potatoes of a size not smaller than 1 y2 quired inspections of the lower spar cap Hearing Clerk during regular business inches in diameter may be shipped if the specified in existing airworthiness direc­ hours (7CFRJL.27(b)). tives are sufficient to maintain an ac­ potatoes grade not less than Idaho Util­ ceptable level of airworthiness. Accord­ The proposed amendment to § 945.326. ity, or Oregon Utility grade. ingly, the advance notice of proposed Limitation of Shipments is that effective (d) Safeguards. Each handler making rule making is hereby withdrawn. January 13,1969, paragraphs (a), (b) (1), shipments of potatoes for starch, can­ (c), the introductory text of (d) and (f) ning or freezing^ experimentation, seed Issued at Kansas City, Mo., on Decem­ be amended as follows: pieces cut from stock eligible for certifi­ ber 23, 1968. cation, export or for potato chipping Edward C. Marsh, § 945.326 Limitation of shipments. pursuant to paragraph (c) of this sec­ Director, Central Region. * * * * * tion shall: [F.R. Doc. 69-76; Filed, Jan 3, 1969; (a) Minimum quality requirements— 4c s)e 4c * * 8:48 a.m.] (1) Grade. All varieties: U.S. No. 2, or better grade. (f) Definitions. The terms “U.S. No. (2) Size, (i) Round red varieties: 1% 1,” “U.S. No. 2,” “fairly clean,” and E 14 CFR Part 39 1 “slightly dirty” shall have the same [Docket No. 68-EA-136] inches minimum diameter. meaning as when used in the U.S. Stand­ (ii) All other varieties: 2 inches mini­ ards for Potatoes (§§ 51.1540-51.1556 of AIRWORTHINESS DIRECTIVE mum diameter, or 4 ounces minimum this title), including the tolerances set Fairchild Hiller Aircraft weight. forth therein. The term “generally fairly (iii) When containers of long varieties clean” means that at least 90 percent of The Federal Aviation Administration of potatoes are marked with a count or the potatoes in a given lot are “fairly is considering amending § 39.13 of Part clean”. The terms “Idaho Utility grade” 39 of the Federal Aviation Regulations so similar designation they must meet the and “Oregon Utility grade” shall have as to issue an airworthiness directive weight range for the count designation the same meanings as when used in the applying to Fairchild Hiller Aircraft. listed below: respective standards for potatoes for There have been reports of inverter Count designation Weight range the respective States. Other terms used overvoltage conditions causing the burn­ Larger than 50 count- 15 ounces or larger. out or erratic operation of required in­ 50 count______13-19 ounces. in this section shall have the same struments located on the pilot and co­ 60 count— ------11-16 ounces. meaning as when used in Marketing pilot instrument panels on FH-27 and 70 count— ------10-15 ounces. Agreement No. 98 and Order No. 945, FH-227 type aircraft. The deficiency oc­ 9-13 ounces. 80 count ------— both as amended. curred in aircraft utilizing Lear Siegler 90 count ______8-12 ounces. inverters incorporating solid state Lear 100 c o u n t ------6-10 ounces. 4c 4* 4c 4< 4c 110 count------5—9 ounces. Siegler regulators or Bendix type 4B39 120 count______4-8 ounces. Dated: December 30,1968. regulators. The proposed airworthiness 130 count------4-8 ounces. F loyd F. H edlttnd, directive will require installation of over­ 140 count------4-8 ounces. Director, Fruit and Vegetable voltage protection in accordance with Smaller than 140 Division, Consumer and Mar­ appropriate service bulletins or other co u n t------4-8 ounces. keting Service. approved method. The following tolerances, by weight, are [F.R. Doc. 69-82; Filed, Jan. 3, 1969; Interested persons are invited to par­ provided for potatoes in any lot which 8:49 a.m.] ticipate in the making of the proposed

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 PROPOSED RULE MAKING 153

rule by submitting written data and [14 CFR Part 71 1 [1 4 CFR Part 71 1 views. Communications should identify the docket number anKennedy International Airport, Ja­ Proposed Alteration Proposed Alteration maica, N.Y. 11430. The Federal Aviation Administration The Federal Aviation Administration All communications received within 30 is considering an amendment to Part 71 is considering an amendment to Part 71 days after publication in the F ederal of the Federal Aviation Regulations that of the Federal Aviation Regulations that R egister will be considered before tak­ would alter the description of the River­ would alter the description of the Du­ ing action upon the proposed rule. The ton, Wyo., control zone. rango, Colo., control zone. proposals contained in this notice may Interested persons may participate in Interested persons may participate in be changed in light of comments re­ the proposed rule making by submitting the proposed rule-making by submitting ceived. All comments will be available in such written data, views, or arguments such written data, views, or arguments the Office of Regional Counsel for ex­ as they may desire. Communications as they may desire. Communications amination by interested parties. should be submitted in triplicate to the should be submitted in triplicate to the In consideration of the foregoing, it Director, Western Region, Attention: Director, Western Region, Attention: is proposed to issue a new airworthiness Chief, Air Traffic Division, Federal Avia­ Chief, Air Traffic Division, Federal Avia­ directive as hereinafter set forth: tion Administration, 5651 West Manches­ tion Administration, 5651 West Man­ Amend § 39.13 of Part 39 of the Fed­ ter Avenue, Post Office Box 92007, World­ chester Avenue, Post Office Box 92007, eral Aviation Regulations so as to way Postal Center, Los Angeles, Calif. Worldway Postal Center, Los Angeles, add the following new airworthiness 90009. All communications received Calif. 90009. All communications re­ directive: within 30 days after publication of this ceived within 30 days after publication F airchild H iller. Applies to F-27 and FH— notice in the F ederal R egister will be of this notice in the F ederal R egister 227 Type Airplanes Incorporated Lear considered before action is taken on the will be considered before action is taken Siegler (Jack & Heintz) Inverters P/N proposed amendment. No public hearing on the proposed amendment. No public F35-5 or P/N F45-10 or P/N 40045-000 is contemplated at this time, but ar­ with Solid State Regulators Lear Siegler hearing is contemplated at this time, but Kit P/N 52-000054 (Regulator P/N rangements for informal conferences arrangements for informal conferences 5102-000), or Kit P/N 52-000059 (Regu­ with Federal Aviation Administration of­ with Federal Aviation Administration lator P/N 51502-001), or Kit P/N 52- ficials may be made by contacting the officials may be made by contacting the 000068 (Regulator P/N 51502-00M), or Regional Air Traffic Division Chief. Any Regional Air Traffic Division Chief. Any Bendix Type 4B39 Series Regulators. data, views, or arguments presented dur­ data, views, or arguments presented Compliance required within the next 500 ing such conferences must also be sub­ during such conferences must also be hours time in service after the effective date mitted in writing in accordance with of this A.D. unless already accomplished. submitted in writing in accordance with To prevent hazards associated with an in­ this notice in order to become part of this notice in order to become part of the verter overvoltage condition causing the the record for consideration. The pro­ record for consideration. The proposal burnout or erratic operation of required in­ posal contained in this notice may be contained in this notice may be changed struments, accomplish the following: changed in the light of comments re­ in the light of comments received. (a) Install a.c. overvoltage protection in ceived. Frontier Airline personnel are respon­ the electrical output of the above inverter (s) Frontier Airline personnel are respon­ sible for weather reporting service at which utilize Lear Siegler solid state regu­ sible for weather reporting service at La Plata Field and the current effective lators, P/N 51502-000, or P/N 51502-001, or Riverton Municipal Airport and the cur­ P/N 51502-00M, in accordance with Lear hours of the control zone coincide with Siegler Service BuUetin No. 148 dated Oc­ rent effective hours of the control zone the operational hours of Frontier Air­ tober 22, 1968, for F-27 aircraft and FH-227 coincide with the operational hours of line personnel-. Since the duty hours of aircraft or later FAA approved revision Frontier Airline personnel. Since the the airline personnel are subject to fre­ approved by the Chief, Engineering and duty hours of the airline personnel are quent changes dependent upon seasonal Manufacturing Branch, FAA Eastern Region, subject to frequent changes dependent airline schedules, the FAA proposes to or equivalent installation approved by the upon seasonal airline schedules, the FAA utilize the NOTAM to designate the ef­ Chief, Engineering and Manufacturing proposes to utilize the NOTAM to desig­ Branch, FAA Eastern Region. fective hours of the control zone and nate the effective hours of the control eliminate the lengthy rule-making (b) Install a.c. overvoltage protection in zone and eliminate the lengthy rule- the electrical output of the above inverter(s) process. which utilize Bendix 4B39 Series regulators in making process. In consideration of the foregoing the accordance with Bendix Service Bulletin No. In consideration of the foregoing the FAA proposes the following airspace R200 dated November 15, 1968, or later FAA- FAA proposes the following airspace action: approved revision approved by the Chief, En­ action: gineering and Manufacturing Branch, FAA In § 71.171 (33 F.R. 2119) the River­ In § 71.171 (33 F.R. 2078) the Durango, Eastern Region, or equivalent installation, ton, Wyo., control zone is amended by Colo., control zone is amended by delet- approved by the Chief, Engineering and Man­ deleting “* * * from 0500 to 2100 hours, ing “* * * effective from 0600 to 2200 ufacturing Branch, FAA Eastern Region. local time, daily.” and substituting hours, l.t. daily.” and substituting there­ (c) Upon request with substantiating data, therefor “This control zone is effective for “This control zone is effective dur­ submitted through an FAA maintenance in­ during the specific dates and times es­ ing the specific dates and times estab­ spector, the compliance time specified in this tablished in advance by a Notice to Air­ lished in advance by a Notice to Airmen. A.D., may be increased by the Chief, Engi­ The effective date and time will there­ neering and Manufacturing Branch, FAA men. The effective date and time will Eastern Region. thereafter be continuously published in after be continuously published in the the Airman’s Information Manual.” Airman’s Information Manual.” This amendment is made under the au­ This amendment is proposed under This amendment is proposed under thority of sections 313(a), 601, and 603 the authority of section 307(a) of the the authority of section 307(a) of the of the Federal Aviation Act of 1958 (49 Federal Aviation Act of 1958, as Federal Aviation Act of 1958, as amended U.S.C. 1354(a), 1421, and 1423) and sec­ amended (72 Stat. 749; 49 U.S.C. 1348), (72 Stat. 749; 49 U.S.C. 1348), and of tion 6(c) of the DOT Act (49 U.S.C. and of section 6(c) of the Department of section 6(c) of the Department of 1655(c)). Transportation Act (49 U.S.C. 1655(c)). Transportation Act (49 U.S.C. 1655(c)). Issued in Jamaica, N.Y., on Decem­ Issued in Los Angeles, Calif., on De­ Issued in Los Angeles, Calif., on De­ ber 24,1968. cember 24, 1968. cember 24, 1968. R. M. Brown, Lee E. W arren, Lee E. W arren, Acting Director, Eastern Region. Acting Director, Western Region. Acting Director, Western Region. [F.R. Doc. 69-77; Filed, Jan. 3, 1969; [F.R. Doc. 69-104; Filed, Jan. 3, 1969; [F.R. Doc. 69-105; Filed, Jan. 3, 1969; 8:48 a.m.] 8:51 a.m.] 8:51 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 154 PROPOSED RULE MAKING

[1 4 CFR Part 71 ] [1 4 CFR Pari 71 1 239° radial extending from, the 12.5-mile radius area to 20 miles southwest- of the [Airspace Docket No. 68-WE-101] [Airspace Docket No. 68-SW-91] VORTAC, and within 2 miles each side of the Fort Smith ILS localizer west course extend­ CONTROL ZONE CONTROL ZONE AND TRANSITION ing from the 12.5-mile radius area to 8 miles AREA west of the Peno Bottoms RBN (lat. 35° 19'21" Proposed Alteration N„ long. 94°28'28" W.). Proposed Alteration The Federal Aviation Administration The alterations as proposed will pro­ is considering an amendment to Part 71 The Federal Aviation Administration vide controlled airspace for aircraft of the Federal Aviation Regulations that is considering amending Part 71 of the executing new and amended instrument would alter the description of the Cody, Federal Aviation Regulations to alter approach procedures at Fort Smith Mu­ Wyo., control zone. controlled airspace in the Fort Smith, nicipal Airport. Interested persons may participate in Ark., terminal area. This amendment is proposed under the the proposed rule-making by submitting Interested persons may submit such authority of section 307(a) of the Fed­ such written data, views, or arguments written data, views, or arguments as they eral Aviation Act of 1958 (49 U.S.C. 1348) as they may desire. Communications may desire. Communications should be and of section 6(c) of the Department of should be submitted in triplicate to the submitted in triplicate to the Chief, Air Transportation Act (49 U.S.C. 1655(c)). Director, Western Region, Attention: Traffic Division, Southwest Region, Fed­ Chief, Air Traffic Division, Federal Avia­ eral Aviation Administration, Post Office Issued in Fort Worth, Tex., on De­ tion Administration, 5651 West Man­ Box 1689, Fort Worth, Tex. 76101. All cember 23, 1968. chester Avenue, Post Office Box 92007, communications received within 30 days A. L. Coulter, Worldway Postal Center, Los Angeles, after publication of this notice in the Acting Director, Calif. 90009. All communications re­ Federal Register will be considered Southwest Region. ceived within 30 days after publication before action is taken on the proposed of this notice in the Federal R egister [F.R. Doc. 69-107; Filed, Jan. 3, 1969; amendment. No public hearing is con­ 8:51 a.m.] will be considered before action is taken templated at this time, but arrangements on the proposed amendment. No public for informal conferences with Federal hearing is contemplated at this time, Aviation Administration officials may be [ 14 CFR Part 71 1 but arrangements for informal confer­ made by contacting the Chief, Air [Airspace Docket No. 68-SW-89] ences with Federal Aviation Administra­ Traffic Division. Any data, views or argu­ tion officials may be made by contacting ments presented during such conferences TRANSITION AREA the Regional Air Traffic Division Chief. must also be submitted in writing in ac­ Any data, views, or arguments presented cordance with this notice in order to Proposed Designation during such conferences must also be become part of the record for considera­ The Federal Aviation Administration submitted in writing in accordance with tion. The proposal contained in this is considering amending Part 71 of the this notice in order to become part of notice may be changed in the light of Federal Aviation Regulations to desig­ the record for consideration. The pro­ comments received. nate a transition area at Hilltop Lakes, posal contained in this notice may be The official docket wilhbe available for Tex. The proposed transition area will changed in the light of comments examination by interested persons at the provide controlled airspace for aircraft received. Office of the Regional Counsel, Southwest executing approach/departure proce­ Frontier Airline personnel are respon­ Region, Federal Aviation Administration, dures proposed at Hilltop Lakes Airport, sible for weather reporting service at Fort Worth, Tex. An informal docket Hilltop Lakes, Tex. The proposed transi­ Cody Municipal Airport and the current will also be available for examination at tion area extension is based on the Leona effective hours of the control zone coin­ the Office of the Chief, Air Traffic VORTAC 258° true radial (250° cide with the operational hours of Fron­ Division. magnetic). tier Airline personnel. Since the duty It is proposed to amend Part 71 of the Interested persons may submit such hours of the airline personnel are subject Federal Aviation Regulations as herein­ written data, views or arguments as they to frequent changes dependent upon sea­ after set forth. may desire. Communications should be sonal airline schedules, the FAA proposes (1) In § 71.171 (33 F.R. 2083) the Fort submitted in triplicate to the Chief, Air to utilize the NOTAM to designate the Smith, Ark., control zone is amended to Traffic Division, Southwest Region, Fed­ effective hours of the control zone and read: eral Aviation Administration, Post Office eliminate the lengthy rule-making F ort S m it h , Ar k . Box 1689, Fort Worth, Tex. 76101. All process. Within a 5-mile radius of Fort Smith Mu­ communications received within 30 days In consideration of the foregoing the nicipal Airport (lat. 35°20'10" N., long. after publication of this notice in the FAA proposes the following airspace 94° 22'05" W.), within 2 miles each side of Federal Register will be considered be­ action: the Fort Smith VORTAC 233° radial extend­ ing from the 5-mile radius zone to the fore action is taken on the proposed In § 71.171 (33 F.R. 2072) the Cody, VORTAC, within 2 miles each side of the amendment. No public hearing is contem­ Wyo., control zone is amended by de­ Fort Smith ILS localizer east course extend­ plated at this time, but arrangements for leting the last sentence and substituting ing from the 5-mile radius zone to the OM, informal conferences with Federal Avia­ therefor “This control zone is effective and within 2 miles each side of the Fort tion Administration officials may be made during the specific dates and times Smith ILS localizer west course extending by contacting the Chief, Air Traffic Divi­ established in advance by a Notice to from the 5-mile radius zone to the Peno sion. Any data, views, or arguments pre­ Bottoms RBN (lat. 35^19'21" N., long. Airmen. The effective date and time will 94°28'28" W.). sented during such conferences must also thereafter be continuously published in be submitted in writing in accordance the Airman’s Information Manual.” (2) In § 71.181 (33 F.R. 2182) the Fort with this notice in order to become part Smith, Ark., transition area 700-foot of the record for consideration. The pro­ This amendment is proposed under the portion is amended to read: posal contained in this notice may be authority of section 307(a) of the Fed­ F ort S m it h , Ar k . changed in the light of comments eral Aviation Act of 1958, as amended received. That airspace extending upward from 700 (72 Stat. 749; 49 U.S.C. 1348), and of feet above the surface within a 12.5-mile The official docket will be available for section 6(c) of the Department of Trans­ radius of the Fort Smith Municipal Airport examination by interested persons at the portation Act (49 U.S.C. 1655(c)). (lat. 35°20'10" N., long. 94°22'05" W.j, Office of the Regiohal Counsel, Southwest within an 11.5-mile radius of the Fort Smith Region, Federal Aviation Administration, Issued in Los Angeles, Calif., on De­ VORTAC extending clockwise from the 078° Fort Worth, Tex. An informal docket will cember 24,1968. to the 155° radials of the VORTAC, within also be available for examination at the Lee E. Warren, 6 miles northwest and 5 miles southeast of the Port Smith VORTAC 053° radial extend­ Office of the Chief, Air Traffic Division. Acting Director, Western Region. ing from the 12.5 and 11.5-mile radius areas It is proposed to amend Part 71 of the [F.R. Doc. 69-106; Filed, Jan. 3, 1969; to 12 miles northeast of the VORTAC, within Federal Aviation Regulations as herein­ 8:61 a.m.] 2 miles each side of the Fort Smith VORTAC after set forth.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 PROPOSED RULE MAKING 155 In § 71.181 (33 F.R. 2137), the follow­ would designate a transition area at Mc­ strument Flight Rule conditions, a hold­ ing transition area is added: Call, Idaho. ing pattern is proposed utilizing the Mc­ H illtop Lakes, T ex. Interested persons may participate in Call, Idaho, VORTAC 344° T (325° M) radial. The holding pattern will permit That airspace extending upward from 700 the proposed rule-making by submitting feet above the surface within a 5-mile radius such written data, views, or arguments as descent from minimum en route altitudes of Hilltop Lakes Airport (lat. 31°04'50'' N., they may desire. Communications should or higher to the minimum holding alti­ long. 96°12'50" W.), and within 2 miles each be submitted in triplicate to the Director, tude of 10,000 feet MSL. If during descent side of the Leona VORTAC 258° radial ex­ Western Region, Attention: Chief, Air the pilot encounters Visual Flight Rule tending from the 5-mile radius area to 9 Traffic Division, Federal Aviation Ad­ conditions, he may proceed in VFR con­ miles west of the VORTAC. ministration, 5651 West Manchester ditions to the McCall Airport and/or This amendment is proposed under the Avenue, Post Office Box 92007, Worldway other airports in the general vicinity. authority of section 307(a) of the Fed­ Postal Center* Los Angeles, Calif. 90009. In consideration of the foregoing the eral Aviation Act of 1958 (49 U.S.C. 1348) All communications received within 30 FAA proposes the following airspace and of section 6(c) of the Department of days after publication of this notice in action. Transportation Act (49 U.S.C. 1655(c)). the F ederal R egister will be considered In §71.181 (33 F.R. 2137) the following before action is taken on the proposed transition area is added: Issued in Fort Worth, Tex., on Decem­ amendment. No public hearing is con­ McCall, Idaho ber 26, 1968. templated at this time, but arrangements A. L. Coulter, That airspace extending upward from 9,500 for informal conferences with Federal feet MSL within 6 miles west and 9 miles Acting Director, Southwest Region. Aviation Administration officials may be east of the McCall VORTAC 344° and 164° [F.R. Doc. 69-109; Filed, Jan. 3, 1969; made by contacting the Regional Air radiais extending from 8 miles south to 19 8:51 am.] Traffic Division Chief. Any data, views, miles north of the VORTAC. or arguments presented during such con­ This amendment is proposed under the ferences must also be submitted in writ­ authority of section 307(a) of the Fed­ [1 4 CFR Part 71 1 ing in accordance with this notice in or­ eral Aviation Act of 1958, as amended [Airspace Docket No. 68-WE-96] der to become part of the record for con­ sideration. The proposal contained in this (72 Stat. 749; 49 U.S.C. 1348). TRANSITION AREA notice may be changed in the light of Issued in Los Angeles, Calif., on De­ cember 18, 1968. Proposed Designation comments received. A published instrument approach pro­ Lee E. Warren, The Federal Aviation Administration cedure is not available for McCall Air­ Acting Director, Western Region. is considering an amendment to Part 71 port, Idaho. In order to provide a limited [F.R. Doc. 69-110; Filed, Jan. 3, 1969; of the Federal Aviation Regulations that means of access to the airport under In- 8:51 a.m.]

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FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 156 Notices

[Serial No. R 1715] DEPARTMENT OF STATE DEPARTMENT OF THE TREASURY CALIFORNIA [Public Notice 300] Office of the Secretary Notice of Proposed Withdrawal and CHARLES E. BOHLEN [Treasury Dept. Order No. 177-22; Rev. 2] Reservation of Lands Designation; Order of Succession To BUREAU HEADS ET AL. D ecember 26,1968. Act as Secretary of State Delegation of Authority The Forest Service, U.S. Department of Agriculture, has filed an application, By virtue of the authority vested in me By virtue of the authority vested in me Serial No. R 1715, for the withdrawal of by Executive Order 10839 of Septem­ by Reorganization Plan No. 26 of 1950, lands described below from prospecting, ber 30, 1959, Mr. Charles E. Bohlen, a there is hereby delegated to the head of location, entry, and purchase under the Deputy Under Secretary of State, is each bureau, office, service, and division, hereby designated to act as Secretary mining laws, subject to valid existing the authority under the Military Person­ rights. of State in case of the death, resignation, nel and Civilian Employees’ Claims Act The lands have previously been with­ absence, or -sickness of the Secretary of of 1964, as amended, to settle and pay drawn for the San Jacinto Forest Reserve State, the Under Secretary of State, and claims made by a civilian officer or em­ the Under Secretary of State for Political by Presidential Proclamation of Febru­ ployee of the Treasury Department, for ary 22,1897, as amended by Proclamation Affairs. damage to or loss of personal property of February 14, 1907, now the San [seal] D ean R usk, incident to his service. Bernardino National Forest, and as such Secretary of State. The authority herein delegated to the have been open to entry under the gen­ head of each bureau, office, service, and D ecember 17, 1968. eral mining laws. division, may be redelegated by him to The applicant desires the exclusion [P.R. Doc. 69-79; Piled, Jan. 3, 1969; any subordinate officer or employee. The of mining activity to permit use of such 8:48 a.m.] determinations made by the head of a lands as an uncontaminated water source bureau or his designee shall be final and for fire suppression crews in the area, conclusive. which use is incompatible with mineral The payment of claims pursuant to this development. DEPARTMENT OF AGRICULTURE delegation shall be in accordance with For a period of 30 days from the date Agricultural Stabilization and regulations issued by the Assistant of publication of this notice, all persons Conservation Service Secretary for Administration. who wish to submit comments, sugges­ Dated: December 27, 1968. tions, or objections in connection with RICE the proposed withdrawal may present [seal] J oseph W. B arr, their views in writing to the undersigned Notice of Marketing Quota Secretary of the Treasury. officer of the Bureau of Land Manage­ Referendum for 1969 Crop [P.R. Doc. 69-88; Filed, Jan. 3, 1960; ment, Department of the Interior, 1414 Marketing quotas for the crop of rice 8:49 am.] University Avenue, Post Office Box 723, to be produced in 1969 have been duly Riverside, Calif. 92502.. proclaimed pursuant to provisions of the The Department’s regulations (43 CFR Agricultural Adjustment Act of 1938, as 2311.1-3 (c)) provide that the authorized amended. Said Act requires a referendum DEPARTMENT OF THE INTERIOR officer of the Bureau of Land Manage­ to be conducted within 30 days after the ment will undertake such investigations date of the issuance of said proclamation Bureau of Land Management as are necessary to determine the exist­ of farmers who were engaged in the pro­ ADMINISTRATOR AND STAFF ASSIST­ ing and potential demand for the lands duction of rice in 1968 to determine and their resources. He will also under­ whether such farmers are in favor of or ANT (ADMINISTRATION), LOWER take negotiations with the applicant opposed to such quotas. Prior to estab­ COLORADO OFFICE agency with the view of adjusting the lishing the date for the referendum on Delegation of Authority Regarding application to reduce the- area to the the 1969 crop rice, public notice (33 F.R. minimum essential to meet the appli­ 15555) was given in accordance with 5 Contracts and Leases cant’s need, to provide for the maximum U.S.C. 553. Data, views and recommenda­ Pursuant to the authority contained concurrent management of the lands and tions were submitted pursuant to such in BLM 1510.03C, the Administrator and their resources. notice. They have been considered to the the Staff Assistant (Administration) of The authorized officer will also prepare the Lower Colorado Office are authorized a report for consideration by the Sec­ extent permitted by law. It is hereby de­ to: retary of Interior who will determine termined that the rice marketing quota (1) Enter into contracts with estab­ whether or not the lands will be with­ referendum under said Act for the 1969- lished sources for supplies and services, drawn as requested by the applicant crop of rice shall be held during the ref­ excluding capitalized equipment, regard­ agency. erendum period January 20 to 24, 1969, less of amount, and The determination of the Secretary on each inclusive by mail ballot in accord­ (2) Enter into contracts on the open the application will be published in the ance with Part 717 of this chapter (33 market for supplies and materials, ex­ F ederal R egister. A separate notice will cluding capitalized equipment, not to be sent to each interested party of record. F.R. 18345). The lands involved in the application Signed at Washington, D.C., on De­ exceed $2,500 per transaction ($2,000 for are: construction) : Provided, That the re­ cember 31,1968. S a n B er n a r d in o M e r id ia n , C a l if o r n ia Lionel C. H olm, quirement is not available from estab­ Acting Administrator, Agricul­ lished sources. SAN BERNARDINO NATIONAL FOREST tural Stabilization and Con­ F red J. W eiler, Kenworthy Spring Site servation Service. State Director. 1* 6 S R 3 E [F.R. Doc. 69-87; Piled, Jan. 3, 1969; [P.R. Doc. 69-33; Filed, Jan. 3, 1969; Sec."’ 25, SW^NW^NE^SE^, NW^SW^ 8:49 am.] 8:46 am.] NE^SEi/4, and SE^NE^NW^SE^.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 157 The area described aggregates ap­ Any adverse claimants to the above and with foreign governments and in­ proximately 7.50 acres in Riverside described land should file their claims, ternational bodies. County. or objections, with the undersigned be­ Part n . Executive authority. Walter F. Holmes, fore the time designated for sale. Section 1. The executive authority of Assistant Land Office Manager. The land described in this notice has the Government of the Trust Territory, [F.R. Doc. 69-34; Filed, Jan. 3, 1969; been segregated from all forms of appro­ and the responsibility for carrying out 8:46 a.m.j priation, including locations under the the international obligations undertaken general mining laws, except for sale un­ by the United States with respect to the der this Act, from the date of the pro­ Trust Territory, shall be vested in a High [Serial No. N-1818] posed classification decision. Inquiries Commissioner of the Trust Territory and NEVADA concerning this sale should be addressed shall be exercised and discharged under to the Land Office Manager, Bureau of the supervision and direction of the Notice of Public Sale Land Management, Room 3008, Federal Secretary. December 26, 1968. Building, 300 Booth Street, Reno, Nev. The Secretary shall appoint a Deputy Under the provisions of the Public 89502, or to the District Manager, Bu­ High Commissioner, who shall have all Land Sale Act of September 19, 1964 reau of Land Management, Pioche Star the powers of the High Commissioner in Route, Ely, Nev. 89301. the case of a vacancy in the office of High (78 Stat. 988, 43 U.S.C. 1421-1427), 43 Commissioner or the disability or tempo­ CFR Subpart 2243, a tract of land will be A. John Hillsamer, offered for sale to the highest bidder at Acting Manager, Nevada Land Office. rary absence of the High Commissioner. Sec. 2. The relations of the Govern­ a sale to be held at 1:30 p.m., local time [F.R. Doc. 69-41; Filed, Jan. 3, 1969; ment of the Trust Territory with the on Wednesday, February 12, 1969, at the 8:46 ajn.] Congress of the United States on all leg­ Ely District Office, Bureau of Land Man­ islative matters, including appropria­ agement, 130 Pioche Highway, Ely, Nev. tions, shall be conducted through the 89301. The land is described as follows: Office of the Secretary Department of the Interior. M o u n t D iablo Meridian, Nevada [Order 2918] Sec. 3. With freedom to consult di­ T. 17 N„ R. 64 E., GOVERNMENT OF THE TRUST TERRI­ rectly with the Secretary when necessary, Sec. 7,NE%. the High Commissioner of the Trust TORY OF THE PACIFIC ISLANDS The area described contains 160 acres. Territory shall normally communicate Delimitation of Extent and Nature of with the Secretary of the Interior The appraised value of the tract is through the Director of the Office of Ter­ $4,800 and the estimated publication Authority ritories. The High Commissioner shall be costs to be assessed are $12. The land will be sold subject to all December 27, 1968. responsible for all United States property valid existing rights. Reservations will be Whereas, pursuant to the Trustee­ in the Trust Territory which is required made to the United States for rights- ship Agreement between the United for the operation of the Government of of-way for ditches and canals in accord­ States and the Security Council of the the Trust Territory and for which the ance with the Act of August 30, 1890 (26 United Nations, the United States has Department of the Interior has admin­ undertaken to promote self-government istrative responsibility. The High Com­ Stat. 391; 43 U.S.C. 945). All minerals missioner shall perform such other func­ are to be reserved to the United States in the Trust Territory of the Pacific and withdrawn from appropriation Islands; and tions for the Department of the Interior under the public land laws, including the Whereas, Department of the Interior in the Trust Territory as may be dele­ general mining laws. Order No. 2876 of January 30, 1964, as gated to him by the Secretary. S ec. 4. Initial contact by the Govern­ Bids may be made by the principal or amended, set forth the extent and na­ his agent, either at the sale, or by mail. ture of the authority of the Government ment of the Trust Territory with Fed­ of the Trust Territory of the Pacific eral agencies outside the Department Bids must be for all the land in the of the Interior on other than routine parcel. A bid for less than the appraised Islands; and Whereas, Department of the Interior matters shall be established through the value of the land is unacceptable. Bids Office of Territories of the Department sent by mail will be considered only if Order No. 2882 of September 28, 1964, as amended, created the Congress of of the Interior. Once the relationship has received by the Ely District Office, Bureau been established, direct contact between of Land Management, Pioche Star Route, Micronesia and granted legislative au­ Ely, Nev. 89301, prior to 1:30 p.m., on thority thereto; and the Government of the Trust Territory Wednesday, February 12,1969. Bids made Whereas, it is appropriate that the and the Federal agencies concerned may two aforesaid basic orders, as amended, be maintained, in which event the Office prior to the public auction must be in of Territories shall be kept informed of sealed envelopes, and accompanied by be modified in minor particulars, con­ solidated in one basic order, and re­ significant developments in the relation­ certified checks, postal money orders, ship. bank drafts, or cashier’s checks, payable issued, with all amendments therein incorporated, Sec. 5. Communications of the Govern­ to the Bureau of Land Management, for ment of the Trust Territory with foreign the full amount of the bid plus estimated Now, therefore, the following single basic order respecting the Government governments and international bodies publication costs. The envelopes must be shall be cleared through the Department marked in the lower left-hand corner of the Trust Territory of the Pacific Islands is issued: of the Interior for transmittal by the De­ “Public Sale Bid, sale N-1818, Febru­ partment of State, unless some other ary 12,1969”. Part I. Purpose. The authorized officer shall publicly The purpose of this order is to de­ procedure is approved by the Secretary declare the highest qualifying sealed bid limit the extent and nature of the au­ of the Interior. received. Oral bids shall then be invited thority of the Government of the Trust Sec. 6. In exercising his authority the in specified increments. After oral bids, Territory of the Pacific Islands (here­ High Commissioner shall obtain prior if any, are received, the authorized officer inafter called “the Trust Territory”), Secretarial approval of any significant shall declare the high bid. A successful as it will be exercised under the juris­ deviation from the budget justification oral bidder must submit a guaranteed diction of the Secretary of the Interior presented to the Congress, and any sig­ remittance, in full payment for the tract (hereinafter called “the Secretary”), nificant transfer of funds between pro­ and cost of publication, before 3:30 p.m., pursuant to Executive Order No. 11021 grams or between administration and of the day of the sale. of May 7, 1962, and to prescribe the construction funds. If no bids are received for the sale manner in which the relationships of Part HI. Legislative authority. Section 1. Organization. The Legisla­ tract on Wednesday, February 12, 1969, the Government of the Trust Territory ture of the Trust Territory of the Pacific the tract will be reoffered on the first shall be established and maintained with Islands shall be known as the “Congress Tuesday of subsequent months at 1 p.m.f the Congress, the Department of the' of Micronesia” and shall consist of two beginning March 4,1969. Interior and other Federal agencies, Houses, the Senate and the House of

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. s -7 T

158 NOTICES Representatives. The two Houses shall sit ate, but he shall transmit to the Secre­ even-numbered year on the first Tuesday separately except as otherwise provided tary of the Interior all recommendations following the first Monday in Novem­ herein. he has not adopted. ber: Provided, That in the event of a When the Congress shall convene, each S ec. 5. Membership. For the purpose natural disaster or other Act of God, House shall organize by the election of of representation in the Congress, the the effect of which precludes holding the one of its number as presiding officer Trust Territory is divided into six Dis­ election on the foregoing date, the High and such presiding officer shall be desig­ tricts as described in section 39 of the Commissioner, with the approval of the nated by the title of “President of the Code of the Trust Territory. Secretary of the Interior, may proclaim Senate” or “Speaker of the House of Rep­ The Senate shall consist of 12 mem­ a later election date in the affected elec­ resentatives,” as the case may be. When bers, who shall be known as “Senators”, tion district or districts. All elections the Congress meets in joint session, the of which each District shall elect two. shall be held in accordance with such Speaker of the House of Representatives The House of Representatives shall procedures as this order and the laws of shall preside. consist of 21 members, who shall be the Trust Territory may prescribe. Leg­ Sec. 2. Legislative power. The legisla­ known as “Representatives”, and who islators shall be chosen by secret ballot tive power of the Congress of Micronesia shall be elected from each District as of the qualified electors of their respec­ shall extend to all rightful subjects of follows: tive district. legislation, except that no legislation may In the Mariana Islands District, three; Sec. 9. Term of office. Each Senator be inconsistent with— In the Marshall Islands District, four; shall hold office for a term of 4 years. (a) Treaties or international agree­ In the Palau District, three; Representatives shall each hold office ments of the United States; In the Ponape District, four; for a term of 2 years. (b) Laws of the United States appli­ In the Truk District, five; The terms of all members of the Con­ cable to the Trust Territory; In the Yap District, two. gress shall commence at noon on the (c) Executive orders of the President Each of the six Administrative Dis­ third day of January following their elec­ of the United States and orders of the tricts shall be subdivided initially into tion, except as otherwise provided by Secretary of the Interior; or single member election districts of ap­ law. (d) Sections 1 through 12 of the Code proximately equal population, in such Sec. 10. Disqualification of Govern­ of the Trust Territory. manner as the High Commissioner shall ment officers and employees. Any person No law shall be passed by the Congress determine, and each such election dis­ employed by any branch of the Govern­ imposing any tax upon property of the trict shall elect one of the Representa­ ment of the Trust Territory, or any po­ United States or property of the Trust tives to which the Administrative Dis­ litical subdivision thereof, shall be ac­ Territory of the Pacific Islands; nor shall trict is entitled. Future subdivisions shall corded leave without pay, for a period the property of nonresidents be taxed at be established by law. not to exceed 30 days prior to and in­ a higher rate than the property of resi­ Election districts shall be reappor­ cluding the day of the election, for the dents. No import or export levies shall te tioned every 10 years on the basis of imposed on goods transported between or purpose of seeking election to the Con­ population, but each District (as de­ gress. If any such person is elected, he among the Districts of the Trust Terri­ scribed in section 39 of the Trust Ter­ tory, as described in section 39 of the shall resign from his employment with ritory Code), shall be entitled to at least the Government of the Trust Territory, Code of the Trust Territory, or any polit­ two Representatives. The first such re­ ical subdivision thereof, and the levy of or any political subdivision thereof, prior apportionment shall be made in 1971. to the date upon which his term of office duties on goods imported into the Trust Sec. 6. Qualification of legislators. In Territory is hereby reserved to the Con­ commences. gress of Micronesia and the High order to be eligible to election as a mem­ No person serving as a member of a ber of the Congress a person shall: legislative body of any political subdi­ Commissioner. (a) Be a citizen of the Trust Ter­ Sec. 3. Powers of the High Commis­ vision of the Government of the Trust sioner. At the opening of a legislative ritory for at least 5 years; Territory shall be eligible, while so serv­ session and at any time thereafter the (b) Have attained the age of 25 years ing, to serve as a member of the Con­ at the time of his election; and gress of Micronesia. High Commissioner may submit to the (c) * Have been a bona fide resident of Congress and recommend the enactment the District (as described in section 39 No member of the Congress shall re­ of legislation. of the Code of the Trust Territory), from ceive any compensation, other than that Sec. 4. Budget. Money bills enacted by which he is elected for at least 1 year provided for in this order, from the Gov­ the Congress of Micronesia shall not pro­ next preceding his election. ernment of the Trust Territory or any vide for the appropriation of funds in ex­ No person who has been expelled from political subdivision thereof. cess of such amounts, as are available the Congress for giving or receiving a Sec. 11. Sessions. There shall be a regu­ from revenues raised pursuant to the bribe or for being an accessory thereto, lar session of the Congress held in each tax laws and other revenue laws of the and no person who has been convicted year beginning on the second Monday of Trust Territory; Provided, That the Sec­ of a felony by any court of the Trust July and continuing for not to exceed retary of the Interior shall, from time to Territory, a court of one of the States 45 consecutive calendar days. In each odd time, define the term “revenue” as used of the United States, or any court with numbered year there shall also be a regu­ herein, so as generally to exclude there­ the jurisdiction of a district court of lar session of the Congress beginning on from all sums attributable to user charges the United States, shall sit in the Con­ the second Monday in January and con­ or service related reimbursements to the gress unless the person so convicted has tinuing for not to exceed 15 consecutive Government of the Trust Territory. Prior calendar days. to his final submission to the Secretary received a pardon restoring his civil rights. The High Commissioner may call spe­ of the Interior of requests for Federal cial sessions for such period of time and funds necessary for the support of gov­ Sec. 7. Franchise. The franchise shall be vested in residents of the Trust Ter­ at such time and place, as in his opinion ernmental functions in the Trust Terri­ the public interest may require. No legis­ tory, the High Commissioner shall pre­ ritory who are citizens of the Trust Ter­ ritory and 18 years of age or over. Ad­ lation shall be considered at any special pare a preliminary budget plan. He shall session other than that specified in the submit such plan to the Congress of ditional qualifications may be prescribed by the Congress: Provided, That no prop­ call therefor or in any special message Micronesia in joint session for its re­ by the High Commissioner to the Con­ view and recommendations with respect erty, language, or income qualification to such portions as relate to expenditures shall ever be imposed or required of any gress while in such session. of funds proposed to be appropriated oy voter, nor shall any discrimination in Sec. 12. Enacting clause. The enacting the Congress of the United States. With qualification be made or based upon lit­ clause of all bills shall be: “Be it enacted eracy, tribal custom, or social position, by the Congress of Micronesia,” and no respect to such portions of the prelimi­ nor upon difference in race, color, an­ law shall be enacted except by bill. Bills nary budget plan, the High Commissioner cestry, sex, or religious belief. may originate in either House, and may shall adopt such recommendations of Sec. 8. General elections. General be amended or altered or rejected by the the Congress as he may deem appropri- elections shall be held biennially in each other.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 159

S ec. 13. Veto by the High Commis­ the members of such House, which vote ber is in a travel status to and from ses­ sioner. Every bill passed by the Congress shall be entered upon the journal. sions of the Congress, while in session, shall, before it becomes a law, be pre­ (c) Title. Every legislative act shall or while on other official legislative busi­ sented to the High Commissioner. If embrace but one subject and matters ness. Per diem shall not be payable to the High Commissioner approves the bill, properly connected therewith, which members of the Congress for a regular he shall sign it. If the High Commis­ subject shall be expressed in the title; or a special session when such session is sioner disapproves the bill, he shall, ex­ but if any subject shall be embraced in held on the island of their residence. The cept as hereinafter provided, return it, an act which shall not be expressed in term “official legislative business” shall with his objections, to thé Congress the title, such an act shall be void only mean only legislative business authorized within 10 consecutive calendar days after as to so much thereof as shall not be em­ by the Chairman of the pertinent Com­ it shall have been presented to him. If braced in the title. mittee of the Congress of Micronesia and the High Commissioner does not return (d) Certification of bills from one performed by one or more members of the bill within such period, it shall be House to the other. Every bill when that Committee, as designated by the a law in like manner as if he had signed passed by the House in which it origi­ Chairman. Travel shall be performed by it, unless the Congress by adjournment nated, or in which amendments thereto the most expeditious and direct means: prevents its return, in which case it shall shall have originated, shall immediately Provided, That compensation, travel, ex­ be a law if signed by the High Commis­ be certified by the presiding officer and pense allowances, and per diem shall not sioner „within 30 days after it shall have sent to the other House for consideration. be allowed in excess of such amounts as been presented to him; otherwise it shall (e) Amendment and revisions by may be budgeted therefor. not be a law. reference. No law shall be amended or S ec. 19. Compensation and expenses, When a bill is returned by the High revised by reference to its title only; interim provision. Effective for the pe­ Commissioner to the Congress with his but in such case the act, as revised, or riod beginning January 1, 1969, and end­ objections, each House may proceed to section or subsection as amended, shall ing June 30, 1969, members and officers reconsider it. If the bill is repassed by be reenacted and published at full length. of the Congress of Micronesia shall be both Houses of the Congress by a two- (f) Language. All legislative proceed­ entitled to compensation, travel ex­ third’s majority of the entire member-^ ings shall be conducted in the English penses, an expense allowance, and per ship of each House, it shall again be language: Provided, That knowledge of diem at the rates prescribed in section presented to the High Commissioner. If the English language shall not be a 18 of this order, but all such compensa­ he does not approve it within 20 days, he qualification for membership in the tion, travel, expense allowances, and per shall send it together with his comment Congress. Nothing herein shall limit the diem shall be paid from funds available thereon to the Secretary of the Interior. right of a member to use his native to and appropriated by the Congress of Within 90 days after its receipt by him, language if he lacks fluency in English, Micronesia. the Secretary of the Interior shall either and the Congress shall provide for in­ S ec. 20. Appointment to new offices. No approve or disapprove the bill. If he ap­ terpretation into English in such cases. member of the Congress shall, during the proves it, it shall become a law; other­ (g) Journal. Each House shall keep a term for which he was elected or during wise it shall not. The foregoing provision journal of its proceedings, and publish the year following the expiration of the shall not preclude the reconsideration by the same in English. term for which he was elected, be ap­ the Congress during either of the 1969 (h) Public sessions. The business of pointed to any office which was created regular sessions of any bill returned by the Congress, and of the Committee of by the Congress during such term. the High Commissioner during the 1968 the Whole, shall be transacted openly Sec. 21. Vacancies. Whenever, prior to session. and not in secret session. 6 months before the date of the next If any bill presented to the High Com­ (i) Procedural authority. The Con­ general election, a vacancy occurs, the missioner shall contain several items of gress shall be the sole judge of the elec­ High Commissioner shall call a special appropriation of money, he may object tions and qualifications of its members, election to fill such vacancy. In case of to one or more of such items, or any shall have and exercise all the authority a vacancy occurring within 6 months of part or parts thereof, while approving and attributes inherent in legislative the next general election, no special elec­ the other items or parts of the bill. In assemblies, and shall have the power to tion shall be held and the District Ad­ such case he shall append to the bill, institute and conduct investigations, ministrator of the District wherein such at the time of signing it, a statement of issue subpoenas to witnesses and other vacancy arises may fill such vacancy by the item or items, part or parts thereof, parties concerned, and administer oaths. appointment. to which he objects, and the item or S ec. 17. Immunity. No member of the S ec. 22. Conversion into a unicameral items, part or parts thereof, so objected Congress of Micronesia shall be held to body. At its July 1969 regular session, the to shall have the effect of being vetoed. answer before any tribunal other than Congress shall convene in joint session to Sec. 14. Adjournment. Neither House the Congress for any speech or debate' consider whether the bicameral legis­ may adjourn for more than 2 consecu­ in the Congress, and the members shall lature should be continued, or whether tive days nor may either House adjourn in all cases, except treason, felony, or the legislature should be converted into sine die without the concurrence of the breach of the peace, be privileged from a unicameral body. The final recom­ other House. arrest during their attendance at the mendation to the High Commissioner Sec. 15. Publication of laws. The High sessions of the Congress and in going to shall be adopted by a majority vote, and Commissioner shall cause the resolutions and from the same. the recommendation shall be submitted and laws to be published within 30 days Sec. 18. Compensation and expenses. to the High Commissioner and by him to after they become law, and shall make Each member of the Congress shall be the Secretary of the Interior. provision for their distribution to public entitled to receive an annual salary of Sec. 23. Legislative counsel. The Con­ officials and sale to the public. $3,500, and the President of the Senate gress of Micronesia may by joint resolu­ Sec. 16. Procedure—(a) Quorum. A and the Speaker of the House of Repre­ tion nominate a legislative counsel of its majority of the members of each House sentatives shall each be entitled to re­ own choosing. The salary and other bene­ shall constitute a quorum of such House ceive an additional $500, all of which fits available to such legislative counsel for the transaction of business. A smaller amounts shall be payable from funds ap­ shall be established and paid by the Con­ number may adjourn from day to day propriated by the Congress of the United gress of Micronesia. The Congress of and may compel the attendance of ab­ States, when such funds are appropri­ Micronesia may make budgetary provi­ sent members in such manner and ated pursuant to estimates submitted by sion for such supporting staff for the Under such penalties as each House may the Secretary of the Interior. Each mem­ legislative counsel and the legislature as Provide. ber shall also be entitled to receive, from it may deem necessary. ! (b) Reading of bills—passage. A bill funds available to and appropriated by Sec. 24. Amendment. This part may in order to become a law shall pass two the Congress of Micronesia, travel ex­ be amended only by further order of the Secretary of the Interior. The Congress readings in each House, on separate penses, an expense allowance, and per may, during any regular session, by a days, the final passage of which In each diem at the standard Trust Territory two-thirds majority vote of the mem­ House shall be by a majority vote of all Government rates for each day the mem­ bership of each House recommend to the

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 160 NOTICES High Commissioner the amendment of tific Instrument Evaluation Division, intended to be used, is being manu­ any section of this part. The High Com­ Department of Commerce, Washington, factured in the United States. Reasons: missioner shall transmit such recom­ D.C. The article is an accessory for use with mendation, together with his own Docket No. 69-00086-00-78050. Appli­ the Cary Model 14 spectrophotometer, recommendations thereon, to the Secre­ cant: Southwest Research Institute, 8500 for measuring circular dichroism. We tary of the Interior. Culebra Road, San Antonio, Tex. 78228. know of no counterpart of this article P art IV. Judicial authority. Article: Dichroism accessory for a spec­ which is being manufactured in the The judicial authority of the Gov­ trophotometer, Model CD-HC-S. Manu­ United States. ernment of the Trust Territory shall be facturer: Rehovoth Instruments, Ltd., The Department of Commerce knows vested in a High Court for the Trust Ter­ Israel. Intended use of article: The of no other instrument or apparatus of ritory and such other courts as may be article will be used as an accessory to an equivalent scientific value to the foreign established pursuant to law. The Secre­ existing Cary Model 14 spectrophotome­ article, for the purposes for which such tary shall appoint the Chief Justice and ter for the measurement of circular and article is intended to be used, which is Associate Justices of the High Court, linear dichroism in the spectral range. being manufactured in the United States. may make temporary appointments Comments: No comments have been re­ Charley M. D enton, when a vacancy exists, and in addition ceived with respect to this application. may appoint temporary judges to serve Decision: Application approved. No in­ Assistant Administrator for In­ on the High Court. The judicial author­ strument or apparatus of equivalent sci­ dustry Operations, Business ity shall be independent of the executive entific value to the foreign article, for and Defense Services Ad­ and legislative powers. Budgetary re­ the purposes for which such article is ministration. quests for the territorial judiciary, with intended to be used, is being manufac­ [F.R. Doc. 69-67; Filed, Jan. 3, 1969; supporting justification, shall be drawn tured in the United States. Reasons : The 8:48 a.m.] up by the Chief Justice of the Trust article is an accessory for use with the Territory and submitted for the ap­ Cary Model 14 spectrophotometer, for proval of the Department of the Interior measuring circular dichroism. We know TEXTILE RESEARCH INSTITUTE by the High Commissioner of the Trust of no counterpart of this article which is Notice of Decision on Application for Territory as a separate item in the an­ being manufactured in the United States. nual budget for the Trust Territory. The The Department of Commerce knows Duty-Free Entry of Scientific Article High Commissioner should call the at­ of no other instrument or apparatus of The following is a decision on an tention of the Secretary to any question equivalent scientific value to the foreign application for duty-free entry of a which he may have regarding the budget article, for the purposes for which such scientific article pursuant to section 6(c) for the judiciary. article is intended to be used, which is of the Educational, Scientific, and Cul­ P art V. General. being manufactured in the United States. tural Materials Importation Act of 1966 j Prior orders. Department of the Inte­ Charley M. D enton, (Public Lgw 89-651, 80 Stat. 897) and rior Order No. 2876 of January 30, 1964, Assistant Administrator for In­ the regulations issued thereunder (32 as amended, and Department of the In­ dustry Operations Business F.R. 2433 et seq.). terior Order No. 2882 of September 28, and Defense Services Admin­ A copy of the record pertaining to this 1964, as amended, are hereby superseded. istration. decision is available for public review Except for Order No. 2902 dated Novem­ during ordinary business hours of the ber 15, 1967, as amended, provisions of [F.R. Doc. 69-66; Filed, Jan. 3, 1969; Department of Commerce, at the Scien­ other prior orders of the Department of 8:48 a.m.] tific Instrument Evaluation Division, De­ the Interior, insofar as they are incon­ partment of Commerce, Washington, sistent with the provisions of this order, SOUTHWEST RESEARCH INSTITUTE D.C. are hereby superseded. Existing laws, Docket No. 68-00317-65-46040. Appli­ regulations, orders, appointments, or Notice of Decision on Application for cant: Textile Research Institute, Post other acts in effect immediately prior to Duty-Free Entry of Scientific Article Office Box 625, 601 Prospect Avenue, the effective date of this order shall re­ Princeton, N.J. 08540. Article: JEOLCO main in effect until they are superseded The following is a decision on an Model JSM-2 scanning electron micro­ pursuant to the provisions of this order. application for duty-free entry of a scope, including JSM-RTS goniometer scientific article pursuant to section 6(c) stage, JSM-TED transmitted electron S tewart L. U dall, of the Educational, Scientific, and Cul­ Secretary of the Interior. detection device, JSM-F 35 pentagonal tural Materials Importation Act of 1966 prism single lens reflex 35-mm. camera December 27, 1968. (Public Law 89-651, 80 Stat. 897) and attachment, JEE-4B vacuum evapora­ {F.R. Doc. 69-80; Filed, Jan. 3, 1969; the regulations issued thereunder (32 tor, JEE-RTS rotating and tilting speci­ 8:49 a.m.j F.R. 2433 et seq.). men stage for vacuum evaporator. A copy of the record pertaining to this Manufacturer: Japan Electron Optics decision is available for public review Laboratory Co., Ltd., Japan. Intended during ordinary business hours of the use of article: The article will be used DEPARTMENT OF COMMERCE Department of Commerce, at the Scien­ in long range basic research and in in­ tific Instrument Evaluation Division, De­ vestigation by graduate students, in the Business and Defense Services partment of Commerce, Washington, study of chemical physics of surfaces of Administration D.C. fibers and related materials and for Docket No. 69-00087-00-78050. Appli­ SOUTHWEST RESEARCH INSTITUTE direct morphological studies of surfaces cant: Southwest Research Institute, difficult to replicate for transmission Notice of Decision on Application for 8500 Culebra Road, San Antonio, Tex. electron microscopy. Comments: No Duty-Free Entry of Scientific Article 78228. Article: Dichroism accessory for comments have been received with re­ a spectrophotometer, Model CD-HC-S. spect to this application. Decision: Ap­ The following is a decision on an ap­ Manufacturer: Rehovoth Instruments, plication approved. No instrument or plication for duty-free entry of a scien­ Ltd., Israel. Intended use of article: The apparatus of equivalent scientific value tific article pursuant to section 6(c) of article will be used as an accessory to an to the foreign article, for such purposes the Educational, Scientific, and Cultural existing Cary Model 14 spectrophotom­ as this article is intended to be used, Materials Importation Act of 1966 (Pub­ eter for the measurement of circular was available in the United States with­ lic Law 89-651, 80 Stat. 897) and the reg­ and linear dichroism in the spectral in a reasonable delivery time. Reasons: ulations issued thereunder (32 F.R. 2433 range. Comments: No comments have The foreign article was ordered on De­ et seq.). been received with respect to this appli­ cember 29, 1967, and installed in the A copy of the record pertaining to this cation. Decision: Application approved. applicant’s laboratory on February 14, decision is available for public review No instrument or apparatus of equivalent during ordinary business hours of the scientific value to the foreign article, for 1968. The only scanning electron micro­ Department of Commerce, at the Scien­ the purposes for which such article is scope available at the time the applicant

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 161 placed its order for the foreign article, to section 6(c) of the Investment Com­ the member bears to the aggregate of was the “Ultrascan,” manufactured by pany Act of 1940 (“Act”) for an order the adjusted loan limits of all members the K Square Corp. which had begun pro­ exempting Applicant from the provisions at the time. Applicant has determined ducing scanning electron microscopes in of the Act. All interested persons are re­ that it will not commence business until October 1967. We were informed by K ferred to the applications and the amend­ at least 3,000 shares of stock are sold Square Corp. (letter dated Apr. 10, 1968) ments thereto, which are on file with and applications for membership have that its quoted delivery time was 6 the Commission, for a statement of the been received from financial institutions months and consequently, the applicant representations therein, which are sum­ having an aggregate lending limit of at could not have received the domestic marized below. least $2,400,000. instrument prior to June 30, 1968. The Applicant represents that its primary Applicant represents that member­ foreign article is intended to be used in function is to supply needed capital to ships will be limited to financial institu­ a research orientation program for grad­ Iowa businesses unable to obtain capital tions (banking institutions, savings uate students. We find that for these from conventional lending sources and banks, cooperative banks, trust compa­ purposes, the difference in delivery that its primary motive is the industrial nies, savings and loan associations, insur­ times of approximately 41/2 months and commercial expansion of Iowa. Ap­ ance companies, or related corporations, would have significantly impaired the plicant will do business only in Iowa and partnerships, foundations, or other in­ achievement of the program’s objectives. only with companies doing or proposing stitutions) licensed to do business in to do business in Iowa, although some Iowa and engaged primarily in lending or Charley M. D enton, of the companies may be non-Iowa cor­ investing funds. Applicant further repre­ Assistant Administrator for In­ porations and also doing business out­ sents that its members will acquire dustry Operations, Business side of Iowa. notes issued to them by Applicant for and Defense Services Admin­ It is represented that investments investment and not with a view to public istration. made by Applicant in the form of loans distribution. [F.R. Doc. 69-68; Filed, Jan. 3, 1969; will be passed on by a Loan Review Com­ Since Applicant will be engaged in the 8:48 a.m.] mittee of not less than three members, at business of investing and since it pro­ least two of whom shall be members of poses to acquire investment securities Applicant’s Board of Directors. Loans having a value exceeding 40 percent of may be made to any business which can, its total assets, Applicant is an invest­ SECURITIES AND EXCHANGE demonstrate to the satisfaction of the ment company within the definition of Applicant that said business has a satis­ section 3(a) (3) of the Act and is re­ COMMISSION factory credit rating, an adequate finan­ quired to register unless exempted pur­ ELECTROGEN INDUSTRIES, INC. cial structure to justify the loan (other suant to section 6(c) of the Act. than sufficient primary collateral), a Applicant states that it was formed to Order Suspending Trading capable management, adequate facilities, accomplish the public purposes of the D ecember 27,1968. a reasonably promising market for its Iowa Economic Development Act which It appearing to the Securities and Ex­ products, and inadequate primary col­ are the stimulation and promotion of change Commission that the summary lateral to obtain a loan in the desired the business prosperity and economic amount from a more conventional finan­ welfare of the State of Iowa, the en­ suspension of trading in the common cial institution. stock and all other securities of Electro­ couragement of new industry, and the gen Industries, Inc. (formerly Jodmar Applicant’s authorized capital consists expansion and rehabilitation of existing Industries, Inc.) (may be known as of 20,000 shares of capital stock, $50 par businesses and industries throughout American Lima Corp.), being traded value, all of which Applicant proposes to Iowa. Applicant further states that nei­ otherwise than on a national securities offer for sale to the public at a price of ther it nor the holders of its securities exchange is required in the public inter­ $100 per share. A Registration Statement are or will be motivated primarily by est and for the protection of investors: covering these shares has been filed with the prospects of possible profits of Appli­ It is ordered, Pursuant to section the Securities and Exchange Commis­ cant but by the purposes set forth in 15(c) (5) of the Securities Exchange Act sion and is not yet effective. No com­ the Iowa Economic Development Act. of 1934, that trading in such securities missions, compensation, or expenses will Applicant also states that it is subject otherwise than on a national securities be paid to anyone in connection with the to examination by the Iowa Develop­ exchange be summarily suspended, this sale of these securities. Applicant repre­ ment Commission and is required to sents that it will limit the offering to make reports of its condition not less order to be effective for the period De­ established firms and corporations which than annually and is required to furnish cember 28, 1968, through January 6, are sophisticated in securities matters such other information as may from time 1969, both dates inclusive. and to successful businessmen and others to time be required by the Iowa Develop­ By the Commission. capable of understanding and assuming ment Commission. Applicant states that the risks involved. Purchasers of Appli­ [seal] Orval L. DuBois, in view of the foregoing factors registra­ Secretary. cant’s stock will be required to give writ­ tion is not necessary to accomplish the ten representations that they are acquir­ purposes of the Act and that Applicant [F.R. Doc. 69-35; Filed, Jan. 3, 1969; ing the stock with the intention of re­ should be granted an exemption pursu­ 8:46 a.m.j taining it and not with the intention of ant to section 6(c) of the Act. reselling it or with a view to public Notice is further given that any inter­ [812-2336] distribution. ested person may, not later than Janu­ In addition to equity capital, Applicant ary 21, 1969, at 5:30 p.m., submit to the IOWA BUSINESS DEVELOPMENT will rely for funds available for lending Commission in writing a request for a CREDIT CORP. upon loans from banks, savings and loan hearing on the matter accompanied by a Notice of Filing of Application for associations, insurance companies, and statement as to the nature of his interest, financial institutions which have become the reason for such request and the is­ Order Declaring Company Exempt members of Applicant, thereby agreeing sues of fact or law proposed to be con­ From Act to lend a small percentage of their cap­ troverted, or he may request that he be D ecember 24,1968. ital assets to Applicant upon call. Appli­ notified if the Commission should order Notice is hereby given that Iowa Busi­ cant expects to pay interest on loans a hearing thereon. Any such communi­ ness Development Credit Corp. (“Appli­ from members at a rate, to be fixed at cation should be addressed: Secretary, cant”) , 630 Liberty Building, Des Moines, the time of each call, equal to the prime Securities and Exchange Commission, Iowa 50309, a corporation organized un­ interest rate in Des Moines, Iowa, plus Washington, D.C. 20549. A copy of such der the laws of the State of Iowa author­ one-quarter of one percent (.25%). Each request shall be served personally or by izing and governing the organization and call for loan will be prorated among the mail (airmail if the person being served operation of business development corpo­ members in substantially the same pro­ is located more than 500 miles from the rations, has filed an application pursuant portion that the adjusted loan limit of point of mailing) upon Applicant. Proof

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 v 162 NOTICES of such service (by affidavit or in case of Applicants amended their application to sary to permit exercise of such variable an attorney at law by certificate) shall be include additional requests for exemption annuity option without an additional filed contemporaneously with the request from section 22 (d) of the Act, which are sales charge. At any time after said date, as provided summarized below. All interested per­ Notice is further given that any in­ by Rule 0-5 of the rules and regulations sons are referred to the application on terested person may, not later than Jan­ promulgated under the Act, an order dis­ file with the Commission for a statement uary 9, 1969 at 5:30 p.m., submit to the posing of the application herein may be of the representations therein. Commission in writing a request for a issued by the Commission upon the basis Section 22(d) of the Act provides, in hearing on the matter accompanied by a of the information stated in said appli­ pertinent part, that no registered invest­ statement as to the nature of his inter­ cation, unless an order for hearing upon ment company shall sell any redeemable est, the reason for such request and the said application shall be issued upon re­ security issued by it to any person except issues of fact or law proposed to be con­ quest or upon the Commission’s own mo­ at a current offering price described in troverted, or he may request that he tion. the prospectus. This section has been be notified if the Commission shall order construed as prohibiting variations in the a hearing thereon. Any such communi­ For the Commission (pursuant to dele­ sales load except on a uniform basis. cation should be addressed: Secretary, gated authority). In connection with the offer of a group Securities and Exchange Commission, [seal] N ellye A. Thorsen', variable annuity contract, CG Life will Washington, D.C. 20549. A copy of such Assistant Secretary. offer a group fixed payment annuity con­ request shall be served personally or by [F.R. Doc. 69-36;. Filed, Jan. 3, 1969; tract. Transfers of accumulated values mail (airmail if the person being served 8:46 a.m.j between such contracts without sales is located more than 500 miles from the charges will be permitted, not to exceed point of mailing) upon Finance Com­ one transfer from a fixed to a variable pany at the address stated above. Proof OMEGA EQUITIES CORP. annuity contract in each calendar year of such service (by affidavit or in case Order Suspending Trading per participant. In addition, any par­ of an attorney at law by certificate) shall ticipant under a group annuity contract be filed contemporaneously with the re­ D ecember 27, 1968. (fixed or variable) issued by CG Life quest. At any time after said date, as It appearing to the Securities and Ex­ which is designed to provide tax-deferred provided by Rule 0-5 of the rules and change Commission that the summary treatment under section 403(b) of the regulations promulgated under the Act, suspension of trading in the common Internal Revenue Code may transfer to an order disposing of the application stock and all other securities of Omega a group variable annuity contract herein may be issued by the Commission Equities Corp., New York, N.Y., being similarly qualified, without sales charge. upon the basis of the information stated traded otherwise than on a national CG Life may, in the future, offer similar in said application, unless an order for securities exchange is required in the transfer rights with respect to contracts hearing upon said application shall be public interest and for the protection of participating in Separate Account issued issued upon request or upon the Com­ investors: in connection with pension or profit shar­ mission’s own motion. Persons who re­ It is ordered, Pursuant to section 15 ing plans qualifying for Federal income quest a hearing or advice as to whether (c) (5) of the Securities Exchange Act of tax benefits. a hearing is ordered will receive notice 1934, that trading in such securities Applicants request exemption from of further developments in this matter, otherwise than on a national securities section 22(d) to the extent necessary including the date of the hearing exchange be summarily suspended, this to permit transfers without a sales (if ordered) and any postponements order to be effective for the period De­ charge as described above. Applicants thereof. cember 30,1968, through January 8,1969, state that in all cases where a transfer is By the Commission pursuant to dele­ both dates inclusive. permitted a sales charge will have been gated authority. By the Commission. paid that is not less than the sales charge with respect to a like amount paid in [ seal] Orval L. D uB ois, [seal] Orval L. D uB ois, under the group variable annuity Secretary. Secretary. contract. [F.R. Doc. 69-83; Filed, Jan. 3, 1969; [F.R. Doc. 69-37; Filed, Jan. 3, 1969; The variable annuity contracts pro­ 8:49 a.m.] 8:46 a.m.] vide for deductions for sales, adminis­ trative and other expenses of 9 percent DUMONT CORP. of the first $1,000 of payments on behalf [812-2371] of each participant and 3 percent of Order Suspending Trading CONNECTICUT GENERAL LIFE IN­ such payments in excess of $1,000. It is D ecember 30, 1968. SURANCE CO. AND CG VARIABLE intended that the deduction from pay­ ments under the variable annuity con­ It appearing to the Securities and ANNUITY ACCOUNT I tracts be reduced on the basis of aggre­ Exchange Commission that the summary gate amounts paid in to both a variable suspension of trading in the Class A and Notice of Amended Application for Class B Common Stock of Dumont Corp. Exemptions and a fixed annuity contract which are issued in conjunction with one another. being traded otherwise than on a na­ D ecember 30,1968. Applicants request an exemption from tional securities exchange is required in The Commission on September 26, section 22(d) to the extent necessary to the public interest and for the protection 1968, issued a notice (Investment Com­ permit a reduction in such deductions of investors: pany Act Release No. 5498) upon applica­ on the basis of aggregate contributions, It is ordered, Pursuant to Section tion by Connecticut General Life Insur­ in order to eliminate the possibility of 15(c) (5) of the Securities Exchange Act ance Co. (“CG Life”) and CG Variable some participants paying higher charges. of 1934, that trading in such securities Annuity Account I (“Separate Account”) The contracts provide that the bene­ otherwise than on a national securities (herein collectively called “Applicants”) , ficiary of a deceased person for whom Hartford, Conn. 06115, for an order pur­ an accumulation account was main­ exchange be summarily suspended, this suant to section 6(c) of the Investment tained may elect to have the account order to be effective for the period De­ Company Act of 1940 (“Act”) exempting value applied to effect a variable annu­ cember 31, 1968, through January 9, ity for the beneficiary in lieu of pay­ 1969, both dates inclusive. Separate Account, a unit investment ment in a single sum, unless the decedent trust registered under the Act, from the has provided otherwise. Applicants state By the commission. provisions of sections 12(d)(1), 22(d), that the imposition of a sales charge [seal] Orval L. D uB ois, 22(e), 26(a), 27(c)(1), and 27(c)(2) of would tend, in practice, to eliminate such Secretary. the Act. That notice is incorporated here­ option. Applicants request an exemption [F.R. Doc. 69-84; Filed, Jan. 3, 1969; in by reference. On December 13, 1968 from section 22(d) to the extent neces­ 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 163

MAJESTIC CAPITAL CORP. Calif., being traded otherwise than on a order to be effective for the period De­ national securities exchange is required cember 31,1968, through January 9,1969, Order Suspending Trading in the public interest and for the protec­ both dates inclusive. D ecember 30,1968. tion of investors: By the Commission. It appearing to the Securities and It is ordered, Pursuant to section 15(c) (5) of the Securities Exchange Act [seal] Or val L. DuBoiS, Exchange Commission that the summary of 1934, that trading in such securities Secretary. suspension of trading in the common otherwise than on a national securities [F.R. Doc. 69-85; Filed, Jan. 3, 1969; stock of Majestic Capital Corp., Encino, exchange be summarily suspended, this 8:49 a.m.] FEDERAL POWER COMMISSION [Docket No. RI69-317, etc.] GETTY OIL CO. ET AL. Order Accepting Supplemental Agreements, Providing for Hearings on and Suspension of Proposed Changes in Rates 1

December 20, 1968. The above-named Respondents have tendered for filing proposed changes in presently effective rate schedules for sales of natural gas subject to the jurisdiction of the Commission. The proposed changes, which constitute increased rates and charges, are designated as follows r

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

R ate Sup- Amount Date Effective Date Cents per Mcf R ate in D ocket Respondent sched- pie- Purchaser and producing area of annual filing date suspended ■ — effect sub- No. ule m ent increase tendered unless until— R ate in Proposed ject to re­ N o. N o. suspended effect increased rate fund in dockets Nos.

RI69-317-.. Getty Oil Co., Post 76 *7 Northern Natural Gas Co...... 11-29-68 » 12-36-68 (Accepted) Office Box 1404, (Eumont Field, Lea County, Houston, Tex. N . Mex.). $332 11-29-68 *12-30-68 6-30-69 11. 7010 ‘ «13.7596 RI64-711. 77001. Attention: 76 8 Mr. A . M. Mouser...... do...... 155 *10 .d o ...... 12- 4-68 » 1- 4r-69 (Accepted) ...... 155 11 452 12- 4-68 » 1- 4-69 6- 4-69 11.7212 ‘ « 13.7596 RI64-307. RI69-318.. Pan American Pe- 444 6 Natural Gas Pipeline Co. of 39,919 11-18-68 *1-26-69 6-26-69 »* 16.608 ««»17.646 troleum Corp., Post America (Indian Basin Field, Office Box 1410, Eddy County, N. Mex.). Fort Worth, Tex. 76101. Attention: R. H. Landt, Esquire. RI69-319.. Forest Oil Corp. 42 Natural Gas Pipeline Co. of 36,000 11-21-68 » 12-22-6 5-22-69 *16.4 » » » 17.5 (Operator), et al. America (Lockridge Field, 1300 N ational Bank Ward County, Tex.) (RR. of Commerce Bldg., District No. 8). San Antonio, Tex. 78205. Attention: C, R. Eyster, Es­ quire. — .".do...... 40 1 El Paso Natural Gas Co., (Lin- 18,000 11-21-68 * 12-22-68 5-22-69 1112 16.5 « • li 17.5 tema Field, Pecos County, Tex.) (RR. District No. 8). RI69-320... Gulf Oil Corp., Post 381 3 E l Paso N atural Gas Co., (Wil- 1,729 11-26-68 » 12-27-68 5-27-69 *16.97 » » i* 19.44 Office B ox 1589, shire (Devonian) Field, Upton Tulsa, Okla. 74102. County, Tex.) (RR. District N o. 7-C). —...d o ...... 393 5 Transwestern Pipeline Co. 134,400 11-26-68 » 12-27-68 5-27-69 »15.84 « » 17.5 (Gomez Field, Pecos County, Tex.) (RR. District No. 8). 317 7 El Paso Natural Gas Co. (Gomez 2,438 11-26-68 » 12-27-68 5-27-69 <15.91 «* 16.7228 Field, Pecos County, Tex.) (RR. District No. 8). 325 9 El Paso Natural Gas Co. (Spra- 1,385 11-26-68 » 12-27-68 5-27-69 14.6 « » 18.243 berry Field, Glasscock County, Tex.) (RR. District No. 8). . ..d o ...... 326 10 El Paso Natural Gas Co. (Pay- 2,426 11-26-68 * 12-27-68 5-27-69 13.69 « * 1« 16.7228 ton Field, Pecos and Ward Counties, Tex.) (RR. District N o. 8)...... d o...... 332 9 El Paso Natural Gas Co. (Head- i«0 11-26-68 *12-27-68 5-27-69 15.74 « • 18.243 lee Plant, Ector County, Tex.) (RR. District No. 8)...... d o...... 213 8 Transwestem Pipeline Co. 13,120 11-26-68 *12-27-68 5-27-69 1*14.72 * 1» 18.0 (Atoka Penn Gas Pool, Eddy County, N. Mex.)...... d o...... 215 8 Transwestem Pipeline Co. 43,680 11-26-68 * 12-27-68 5-27-69 1*14.88 * 1» 18.0 - (White City Penn Gas Pool, Eddy County, N. Mex.)...... d o...... 225 1*6 , El Paso Natural Gas Co., and 296 11-26-68 » 12-27-68 5-27-69 »« « 14.61 « • 15.2025 Pecos Co. (King Mountain Strawn Field, Upton County, Tex.) (RR. District No. 7-C)...... do...... 120 10 El Paso Natural Gas Co. (Spra- 1,983 11-26-68 * 12-27-68 5-27-69 «14.50 « » *« 18.243 berry Field, Reagan County, Tex.) (RR. District No. 7-C)...... do...... 138 7 West Texas Gathering Co. (Vari- 23,465 11-26-68 *12-27-68 5-27-69 » 2* 14.39 » • ** 18.00 ous Fields, Winkler County, Tex.) (RR. District No. 8)...... do...... 143 6 El'Paso Natural Gas Co. (Upper 148 11-26-68 *12-27-68 5-27-69 »16.26 «»16.50 and Lower Pennsylvanian Fields, Lea County, N. Mex.)...... do...... 144 5 El Paso Natural Gas Co. (Justis 3,191 11-26-68 *12-27-68 5-27-69 » 14.53 ‘ •16.60

See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 164 NOTICES

R ate Sap- Am ount . D ate Effective D ate Cents per Mcf R ate in Docket Respondent sched- ple- Purchaser and producing area Of annual filing date effect sub­ No. ale ment increase tendered unless until— Rate in Proposed ject to re­ N o. N o. suspended effect increased rate fund in dlockets Nos.

Gulf Gil Corp., Post 146 6 El Paso Natural Gas Co. (Vari- $3,253 11-26-68 « 12-27-68 5-27-69 a 12.810 ‘ » 15.2025 Office Box 1589, ous Fields, Andrews County, Tulsa, Okla. 74102. Tex.) (RR. District No. 8)...... do...... 194 11 Transwestem Pipeline Co. 51,480 11-26-68 * 12-27-68 5-27-69 a 14.40 8 » 18.00 (McKee Field, Crane County, Tex.) (RR. District No. 8)...... do...... 8 10 El Paso Natural Gas Co. (Key­ 421 11-26-68 812-27-68 5-27-69 a 14.46 » • 16.144 stone Ellenburger Field, Wink­ ler County, Tex.) (RR. District No. 8)...... do...... 12 17 El Paso Natural Gas Co. and 3,217 11-26-68 8 12-27-68 5-27-69 a 2* 14.13 » • 15.2025 Pecos Co. (Jack Herbert Gas 627 11-26-68 3 12-27-68 5-27-69 a 2812.79 8 « 15.2025 Field, Upton County, Tex.) (RR. District No. 7-C). 16 18 El Paso Natural Gas Co. (Vari­ 35,850 11-26-68 « 12-27-68 5-27-69 a 14.11 « » a 16.50 ous Fields, Lea County, N . Mex.)...... do...... 55 § El Paso Natural Gas Co. and 2,205 11-26-68 312-27-68 5-27-69 a 14.10 * » 15.2025 Pecos Co. (Jack Herbert and Willrode Fields, Upton County, Tex.) (RR. District No. 7-C). ____ do...... 56 6 El Paso Natural Gas Co. 18,088 11-26-68 312-27-68 5-27-69 38 14. 12 » » 16.50 (Crosby-Devonian Pool, Lea County, N. Mex.). ____ do...... % 65 11 El Paso Natural Gas Co. (Spra- 1,085 11-26-68 312-27-68 5-27-69 28 14.50 ‘ « 18.243 berry Field, Glasscock County, Tex.) (RR. District No. 8). — do...... 118 10 El Paso Natural Gas Co. (Jalmat 2,374 11-26-68 * 12-27-68 5-27-69 2813.92 5 » 27 16. 50 Gas Pool, Lea County, N . Mex.). ____ do...... 231 5 El Paso Natural Gas Co. (North 22,676 11-26-68 312-27-68 5-27-69 2*16.50 * » 18.2430 Puckett (Ellenburger) Field, Pecos County, Tex.) (RR. District No. 8). ____ do...... 345 6 El Paso Natural Gas Co. (South 948 11-26-68 812-27-68 5-27-69 * 3013. 76 « * 2« 16. 7228 Santa Rosa Field, Pecos Coun­ ty, Tex.) (RR. District No. 8). ____ do...... 379 2 El Paso Natural Gas Co. (Mid­ 2,260 11-26-68 » 12-27-68 5-27-69 « 16.50 « « 17.50 way Lane Field, Crockett County, Tex.) (RR. District N o. 7-C). ____ do...... 389 2 Transwestern Pipeline Co. (West 4,325 11-26-68 312-27-68 5-27-69 • 15.77 5 81 82 83 17. 60 Rojo Caballos Field, Pecos and Reeves Counties, Tex.) (RR. D istrict N o. 8). 387 1 Transwestem Pipeline Co. 8,625 11-26-68 » 12-27-68 5-27-69 * 8* 16.50 . 5 8* 85 18. 00 (Halley Field, Winkler County, Tex.) (RR. District No. 8). „ .d o ...... 197 15 Transwestem Pipeline Co. 193,860 11-26-68 » 12-27-68 5-27-69 28 so 14.37 « » 87 18. 00 (Puckett Devonian Field, Pecos County, Tex.) (RR. District No. 8). ...d o ...... 240 5 El Paso Natural Gas Co. 245 11-26-68 » 12-27-68 5-27-69 »316.33 • » 16.50 (Fowler-Paddock Gas Field, Lea County, N. Mex.). ...d o ...... 244 3 El Paso Natural Gas Co. (Jalmat 201 11-26-68 » 12-27-68 5-27-69 25 *8 15. 18 « » 16.0533 Field, Lea County, N. Mex.). — do...... 312 4 El Paso Natural Gas Co. (South 1,890 11-26-68 » 12-27-68 5-27-69 25 89 12.81 « « 15.2025 Andrews Field, Andrews County, Tex.) (RR. District N o. 8). ...d o ...... 342 11 Transwestem Pipeline Co. 1,280 11-26-68 « 12-27-68 5-27-69 2* »8 16. 40 • • 18.00 (Crawar and South Heiner Fields, Crane, Pecos, and Ward Counties, Tex.) (RR. District 132,620 11-26-68 312-27-68 5-27-69 *8 14.51 ‘*18.00

N o. 8): RI69-321.. Gulf Oil Corp. 193 22 Transwestern Pipeline Co. (Waha 274,165 11-26-68 » 12-27-68 5-27-69 25 *0 14.50 00 00 00 (Operator) et al. and Worsham Fields, Reeves 25 80 14.73 o o County, Tex.) (RR. District N o. 8)...... do...... 192 12 Transwestem Pipeline Co. 1,875, 600 11-26-68 » 12-27-68 5-27-69 25 « 8.79 «9 14.00 (Puckett-Ellenburger Field, Pecos County, Tex.) (RR. District No. 8)...... do...... 373 6 Transwestem Pipeline Co. 257,000 11-26-68 312-27-68 5-27-69 814.93 « 9 « 17.50 (Worsham Bayer (Ellenburger) Field, Reeves County, Tex.) (RR. District No. 8)...... do...... 296 5 Transwestem Pipeline Co. (Waha 14,250 11-26-68 3 12-27-68 5-27-68 28*0 14.50 8 9 16.00 Field, Pecos Comity, Tex.) (RR. District No. 8)...... do...... 382 4 El Paso Natural Gas Co. 86 11-26-68 J 12-27-68 5-27-69 a 30 12.16 « « *816. 50 (Eumont Field, Lea County, N. Mex.). • Gulf Oil Corp...... 375 6 Transwestem Pipeline Co. (Waha 52,440 11-26-68 3 12-27-68 5-27-69 • 16.12 « « »217.50 Field, Pecos and Reeves Counties, Tex.) (RR. District N o. 8). RI69-322.. Warren Petroleum 50 6 Transwestern Pipeline Co. 1« 0 11-27-68 8 12-28-68 5-28-69 2814.56 « « 18.0 Corp. (Operator), (Monument Gasoline Plant, P ost Office Box Lea Comity, N. Mex.). 1589, Tulsa, Okla. 74102. Attention: Eugene C. Alford,

Esquire. OO GOOO ...... do...... 54 6 El Paso Natural Gas Co. 30,000 11-27-68 312-28-68 5-28-69 ** ** 16.98

(Caliche Gasoline Plant, Lea 642 11-27-68 3 12-28-68 5-28-69 *« ** 14.79 County, N. Mex.)...... do...... 56 10 El Paso Natural Gas Co. 1,988 11-27-68 312-28-68 5-28-69 a *» 16.58 5 » 18.0 (Tatum Gasoline Plant, Lea 34,532 11-27-68 812-28-68 5-28-69 a ** 14.44 « » 18.0 County, N. Mex.). ____ do...... 28 10 El Paso Natural Gas Co. 680 11-27-68 «12-28-68 5-28-69 *« 15.16 * « 15.50 (Monument Gasoline Plant, 491,040 11-27-68 3 12-28-68 5-28-69 a *9 13.02 » « 15.50 Lea County, N. Mex.). See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 165

R ate Sup­ Am ount D ate Effective Date Cents per Mcf R ate in Docket Respondent sched­ ple­ Purchaser and producing area of annual filing date N o. ule m ent increase tendered unless until— R ate in Proposed ject to re­ N o. N o. suspended effect increased rate fund in dockets Nos.

Warren Petroleum 30 11 El Paso Natural Gas Co. 2,150 11-27-68 8 12-28-68 5-28-69 4817.14 8 9 18.0 Corpe. (Operator) (Saunders Gasoline Plant, 277,200 11-27-68 8 12-28-68 5-28-69 28 49 14.92 8 9 18.0 Lea County, N. Mex.). ------do______43 15 El Paso Natural Gas Co. 1,239 11-27-68 >12-28-68 5-28-69 28 48 16. 74 8 918.1164 (Waddel Gasoline Plant, 1,093,795 11-27-68 8 12-28-68 5-28-69 28 49 14. 71 8 918.1164 Crane County, Tex.) (R.R. District No. 8). ____ do...... 44 8 El Paso Natural Gas Co. (Eunice 40 11-27-68 »12-28-68 5-28-69 28 48 16. 66 8 9 18.0 Gasoline Plant, Lea County, 553,409 11-27-68 >12-28-68 5-28-69 28 49 14. 51 8 9 18.0 N . Mex.). RI69-323-. Warren Petroleum 52 3 Northern Natural Gas Co. 285 11-27-68 »12-28-68 6-28-69 14.5 8 915.0 Corp. (Yates Gasoline Plant, Pecos County, Tex.) (RR. District N o. 8). ____ do...... 55 12 El Paso Natural Gas Co. (South 727 11-27-68 812-28-68 5-28-69 15.19 8 9 18.0997 Fullerton Gasoline Plant. Andrews County, Tex.) (RR. District No. 8). ____ do...... 22 12 El Paso Natural Gas Co. 21,628 11-27-68 >12-28-68 5-28-69 2814.50 89 18. 1046 (Slaughter Gasoline Plant, Hockley County, Tex.) (RR. District No. 8). __ do—...... 42 14 El Paso Natural Gas Co. (South 727 11-27-68 812-28-68 6-28-69 2815.19 8 9 18.0997 Fullerton Gasoline Plant, Andrews County, Tex.) (RR. District No. 8). ____ do...... — 45 8 El Paso Natural Gas Co. (Den- 1,117 11-27-68 >12-28-68 5-28-69 2814.51 8 9 18.0 ton Gasoline Plant, Lea County, N. Mex.).

8 Supplemental agreement dated Oct. 25,1968, amends pricing provisions to provide 28 Pertains to acreage added by Supplement No. 14. for 13.8456-cent rate at 15.025 p.s.i.a. (13.5 cents at 14.65 p.s.l.a.) for fourth 5-year period 24 Applicable to residue gas not derived from new gas-well gas. and a 1.0255973 cents at 15.025 p.s.i.a. (1 cent at 14.65 p.s.i.a.) increase every 5 years 28 Previous rate reduced to applicable, area ceiling rate by order issued Aug. 9, thereafter or should the FPC prescribe a higher applicable area ceiling rate than the 1968, im plem enting Opinion N os. 468 and 468-A. current contract rate, then the contract rate shall be increased to equal such higher 28 Applicable to residue gas not derived from new gas-well gas (original dedicated rate and during such tim e the higher rate is being paid the 0.5-cent compression charge acreage). shall be waived. 27 Subject to compression charge of 0.4467 cent per Mcf. 8 The stated effective date is the effective date requested by Respondent. 28 Applicable to residue gas derived from new gas-well gas. 4 Renegotiated rate increase. 29 Subject to compression charge of 0.5 cent per Mcf. { Pressure base is 14.65 p.s.i.a. 88 Applicable to old gas-well gas. * Periodic rate increase. 87 “Fractured” rate increase. Respondent is contractually due 18.50 cents per Mcf. 7 Subject to a downward B.t.u. price adjustment for B.t.u. content below 1,038. 82 Subject to treating cost deduction of 0.56 cent per Mcf and downward B.t.u. * Initial rate. adjustm ent of 1.07 cents per Mcf. * Increase from applicable area ceiling rate to contract rate. 88 Subject to a downward B.t.u. adjustment of 0.67 cent per Mcf. 10 Subject to 0.10-cent charge by buyer for dehydration. 84 “Fractured” rate increase, Respondent is contractually due 20.50 cents per Mcf. 11 Subject to estimated 1.4875-cent downward B.t.u. adjustment and 2.1-cent 88 Subject to an upward and downward B.t.u. adjustment. downward quality adjustment. 88 Area base rate unadjusted for quality discrepancies, if any. (Time requirement 12 Authorized initial rate is the applicable area base rate of 16.6 cents adjusted for for submission of quality statement has not expired.) quality or the contract rate whichever is lower. 87 Subject to downward B.t.u. adjustment at 0.04 cent per Mcf. 13 Includes 1.44 cents per Mcf upward B.t.u. adjustment. 88 Applicable to new gas-well gas. 14 Subject to 0.10 cent treating charge by buyer and 0.6 cent per Mcf downward 89 Applicable to residue gas not derived from new gas-well gas. B.t.u. adjustment. 40 Applicable to residue gas not derived from new gas-well gas. ** Subject tp 0.5 cent per Mcf compression charge by buyer for gas requiring com­ 47 Subject to upward and downward B.t.u. adjustment. pression—tax reimbursement not applicable to amounts deducted for compression. 42 Subject to treating cost deduction of 0.56 cent per Mcf and downward B.t.u. 13 No sales are being made at the present time. adjustm ent of 1.07 cents per Mcf. v “Fractured” increase. Contract provides for 21.8 cents per Mcf, plus tax reim­ 48 Subject to compression charge of 0.4467 cent per Mcf for gas delivered which m ust bursement. be compressed. 18 Previous rate reduced to applicable area celling rate by order issued Aug. 9, 44 Initial rate for additional acreage added by Supplement Nos. 4 and 5—previous 1968, im plem enting Opinion N os. 468 and 468-A. rate for all other acreage reduced to applicable area ceiling rate by order issued Aug. 9, 19 Applicable only to residue gas derived from new gas-well gas. 1968, im plem enting Opinion N os. 468 and 468-A. 20 Includes 0.243 cent per Mcf tax reimbursement. 48 Applicable to residue gas derived from new gas-well gas. 27 Previous rate reduced to applicable area ceiling rate by order Issued Aug. 9,1968, 48 Applicable to mixed gas—93 percent old gas—well gas; 7 percent casinghead gas. Implementing Opinion Nos. 468 and 468-A. 22 Exclusive of acreage added by Supplement No. 6, which has a current effective rate of 17.64 cents per Mcf. Concurrently with the filing of its re­ The Commission finds: (B) Pursuant to the authority of the negotiated rate increases, Getty Oil Co. (1) Good cause has been shown for Natural Gas Act, particularly sections 4 (Getty) submitted two supplemental accepting for filing the supplemental and 15 thereof, the Commission’s rules agreements dated October 25, 1968, des­ agreements filed by Getty, as set forth of practice and procedure, and the reg­ ignated as Supplements Nos. 7 and 10 to above, and for permitting such supple­ ulations under the Natural Gas Act (18 its FPC Gas Rate Schedule Nos. 76 and ments to become effective on Decem­ CFR Ch. I ) , public hearings shall be held 155, respectively, which provide the basis ber 30, 1968, and January 1, 1969, the upon dates to be fixed by notices from for Getty’s rate increases. We believe that proposed effective dates. the Secretary concerning the lawfulness it would be in the public interest to ac­ (2) It is necesary and proper in the of the proposed increased rates and cept for filing Getty’s supplemental public interest and to aid in the enforce­ charges contained in the above-desig­ agreements to become effective on De­ ment of the provisions of the Natural nated supplements (except the supple­ cember 30,1968, and January 4,1969, the Gas Act that the Commission enter upon ments set forth in paragraph (A) above). proposed effective dates, but not the pro­ hearings concerning the lawfulness of (C) Pending hearings and decisions posed rates contained therein which are the proposed changes, and that the thereon, the above-designated rate sup­ suspended as hereinafter ordered. above-designated supplements be sus­ plements are hereby suspended and the All of the producers’ proposed in­ pended and the use thereof deferred as use thereof deferred until the date in­ creased rates and charges relate to sales hereinafter ordered (except for the sup­ dicated in the “Date Suspended Until” in the Permian Basin Area and exceed plements referred to in paragraph (1) column, and thereafter until such further the just and reasonable rates established above). time as they are made effective in the by the Commission in Opinion No. 468, The Commission orders: manner prescribed by the Natural Gas as amended, and should be suspended for (A) Supplements Nos. 7 and 10 toAct. 5 months as ordered herein. Getty’s FPC Gas Rate Schedules Nos. (D) Neither the supplements hereby The proposed changed rates and 76 and 155, respectively, are accepted for filing and permitted to become effective suspended, nor the rate schedules sought charges may be unjust, unreasonable, on December 30, 1968 (Supplement No. to be altered thereby, shall be changed unduly discriminatory, or preferential, 7), and January 4,1969 (Supplement No. until these proceedings have been dis­ or otherwise unlawful. 10), the proposed effective dates. posed of or until the periods of suspen-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. 3- 166 NOTICES sion have expired, unless otherwise sion jurisdiction, as set forth in Appendix Respondent shall execute and file under ordered by the Commission. A hereof. its above-designated docket number with (E) Notices of intervention or peti­ The proposed changed rate and charge the Secretary of the Commission its may be unjust, unreasonable, unduly dis­ agreement and undertaking to comply tions to intervene may be filed with the criminatory, or preferential, or otherwise with the refunding and reporting pro­ Federal Power Commission, Washington, unlawful. cedure required by the Natural Gas Act D.C. 20426, in accordance with the rules The Commission finds: It is in the pub­ and § 154.102 of the regulations there­ of practice and procedure (18 CFR 1.8 lic interest and consistent with the Nat­ under, accompanied by a certificate and 1.37(f)) on or before February 15, ural Gas Act that the Commission enter showing service of a copy thereof upon upon a hearing regarding the lawfillness the purchaser under the rate schedule 1969. of the proposed change, and that the involved. Unless Respondent is advised By the Commission. supplement herein be suspended and its to the contrary within 15 days after the [seal] Gordon M. Grant, use be deferred as ordered below. filing of its agreement and undertaking, Secretary. The Commission orders: such agreement and undertaking shall be (A) Under the Natural Gas Act, par­ deemed to have been accepted. [F.R. Doc. 69-8; Filed, Jan. 3, 1969; ticularly sections 4 and 15, the regula­ (C) Until otherwise ordered by the 8:45 a.m.] tions pertaining thereto (18 CFR Ch. I), Commission, neither the suspended sup­ and the Commission’s rules of practice plement, nor the rate schedule sought to [Docket No. RI69-316] and procedure, a public hearing shall be altered, shall be changed until dis­ be held concerning the lawfulness of the position of this proceeding or expiration PAN AMERICAN PETROLEUM CORP. proposed change. of the suspension period. (B) Pending hearing and decision (D) Notices of intervention orpetitions Order Providing for Hearing on and thereon, the rate supplement herein is Suspension of Proposed Change in to intervene may be filed with the Fed­ suspended and its use deferred until date eral Power Commission, Washington, Rate, and Allowing Rate Change shown in the “Date Suspended Until” D.C. 20426, in accordance with the rules To Become Effective Subject to column, and thereafter until made effec­ of practice and procedure (18 CFR 1.8 Refund tive as prescribed by the Natural Gas December 20,1968. Act: Provided, however, That tbe sup­ and 1.37(f)) on or before February 14, plement to the rate schedule filed by Re­ 1969. Respondent named herein has filed a spondent shall become effective subject proposed change in rate and charge of to refund on the date and in the manner By the Commission. a currently effective rate schedule for herein prescribed if within 20 days from [seal] Gordon M. Grant, the sale of natural gas under Commis­ the date of the issuance of this order Secretary.

A p p e n d i x A

Effec­ Cents per Mcf Rate in Rate Sup­ Am ount D ate tive D ate in effect D ocket Respondent sched­ ple- Purchaser and producing area of filing date Sus­ Proposed subject to No. ule m ent annual tendered unless pended Rate in increased refund in No. No. increase sus­ until— , effect rate docket pended Nos.

RI69-316-.. Pan American Petroleum ‘362 2 Valley Gas Transmission, Inc. (Luby $46,751 11-14-68 2 1-1-69 81-2-69 «715.5 4 8 « 16.0 Corp., Post Office Box 3092, and Petronilla Fields, Nueces H ouston, Tex. 77001. A tten­ County, Tex.) (RR. District No. 4). tion: K. M. Nolen, Esquire.

1 Contract dated after Sept. 28, 1960, the date of issuance of General Policy State- 4 “Fractured” rate increase. Contractually due 16.5 cents per Mcf as of Nov. 1, ment No. 61-1 and the proposed rate does not exceed area initial rate ceiling. 1968. 2 The stated effective date is the effective date requested by Respondent. 5 Pressure base is 14.65 p.s.i.a. 8 The suspension period is limited to 1 day. 6 Subject to a downward B.t.u. adjustment. 7 Permanently certificated initial rate. Although Pan American Petroleum Corp.’s (Pan American) proposed rate does not exceed the 16 cents per Mcf initial in-line price prescribed under Opinion No. 478, it does exceed the 14 cents per Mcf area increased rate ceiling. Since the contract involved was executed after September 28, 1960, the date of issuance of the Commission’s statement of general policy No. 61-1, as amended, we conclude that Pan American’s proposed 16 cents per Mcf rate should be suspended for 1 day from January 1, 1969, the proposed effective date. [F.R. Doc. 69—9; Filed, Jan. 3, 1969; 8:45 a.m.]

[Docket No. CP69-175] Specifically, Applicant seeks to con­ West Arkansas, referred to as “Line BT- struct and operate the following facili­ 1 Replacement”; ARKANSAS LOUISIANA GAS CO. ties: Applicant also requests permission Notice of Application (1) Approximately 29.3 miles of 30- and approval to abandon a compressor inch loop line in East Oklahoma and station in Yell County, Ark., referred to December 23, 1968. Northwest Arkansas, referred to as “Line as “Chambers Compressor Station”. Take notice that on December 16,1968, O Loop—Phase I”; Applicant states that the proposed Arkansas Louisiana Gas Co. (Applicant), (2) Approximately 13.4 miles of 30- construction is necessary to meet in­ Post Office Box 1734, Shreveport, La. inch loop line in West Arkansas, re­ creased demand requirements of Appli­ 71102, filed in Docket No. CP69-175 an ferred to as “Line BT-1A Loop”; cant’s own distribution plants and main application pursuant to sections 7(b) and (3) Approximately 33 miles of 10-inch line customers. Applicant further states 7(c) of the Natural Gas Act for permis­ line in North Central Arkansas, referred that the proposed abandonment is sion and approval to abandon certain to as “Line JM-30”; necessary due to decreasing availability natural gas facilities, and for a certif­ (4) Approximately 0.8 mile of 12-inch of peak gas supply from Applicant’s older icate of public convenience and necessity line in Central Arkansas, referred to as supply sources in North Louisiana and authorizing the construction and opera­ “Line BM-28”; East Texas. (5) Approximately 22.2 miles of 30- Total estimated cost of the proposed tion of other facilities, all as more fully inch loop line in East Oklahoma, re­ construction is $18,185,750. Financing set forth in the application which is on ferred to as “Line O Loop—Phase II”; will be provided from cash on hand and file with the Commission and open to (6) Approximately 16.7 miles of 30- short-term loans until included in a public inspection. inch line to replace a 16-inch line in long-term financing issue at a later date.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969

ê NOTICES 167 Protests or petitions to intervene may Protests or petitions to intervene may Applicant also proposes to make a di­ be filed with the Federal Power Commis­ be filed with the Federal Power Commis­ rect field sale to Alamo of natural gas sion, Washington, D.C. 20426, in accord­ sion, Washington, D.C. 20426, in accord­ for the extraction of helium and certain ance with the rules of practice and pro­ ance with the rules of practice and pro­ liquefiable hydrocarbons. Estimate^ peak cedure (18 CFR 1.8 or 1.10) and the reg­ cedure (18 CFR 1.8 or 1.10) and the reg­ day sales volumes would be 14,000 Mcf, ulations under the Natural Gas Act ulations under the Natural Gas Act and annual sales, excluding helium ex­ ( § 157.10) on or before January 17,1969. (§ 157.10) on or before January 17,1969. tracted, are estimated at 4,625,000 Mcf. Take further notice that, pursuant to Take further notice that, pursuant to Applicant states that the proposed sale the authority contained in and subject the authority contained in and subject would contribute to the conservation of to the jurisdiction conferred upon the to the jurisdiction conferred upon the helium, a vital natural resource. Federal Power Commission by sections Federal Power Commission by sections Total estimated cost of the proposed 7 and 15 of the Natural Gas Act and the 7 and 15 of the Natural Gas Act and the facilities is $728,097. Financing will be Commission’s rules of practice and pro­ Commission’s rules of practice and pro­ obtained from funds on hand, funds from cedure, a hearing will be held without cedure, a hearing will be held without operations, or short-term bank loans. further notice before the Commission on further notice before the Commission on Protests or petitions to intervene may this application if no petition to inter­ this application if no petition to intervene be filed with the Federal Power Commis­ vene is filed within the time required is filed within the time required herein, sion, Washington, D.C. 20426, in accord­ herein, if the Commission on its own re­ if the Commission on its own review of ance with the rules of practice and pro­ view of the matter finds that a grant of the matter finds that a grant of the cer­ cedure (18 CFR 1.8 or 1.10) and the reg­ the certificate and permission and ap­ tificate, is required by the public con­ ulations under the Natural Gas Act proval for the proposed abandonment is venience and necessity. If a petition for (§ 157.10) on or before January 20, 1969. required by the public convenience and leave to intervene is timely filed, or if Take further notice that, pursuant to necessity. If a petition for leave to in­ the Commission on its own motion be­ the authority contained in and subject tervene is timely filed, or if the Com­ lieves that a formal hearing is required, to the jurisdiction conferred upon the mission on its own motion believes that further notice of such hearing will be Federal Power Commission by sections a formal hearing is required, further no­ duly given. 7 and 15 of the Natural Gas Act and the tice of such hearing will be duly given. Under the procedure herein provided Commission’s rules of practice and pro­ Under the procedure herein provided for, unless otherwise advised, it will be cedure; a hearing will be held without for, unless otherwise advised, it will be unnecessary for Applicant to appear or further notice before the Commission on unnecessary for Applicant to appear or be represented at the hearing. this application if no petition to inter­ be represented at the hearing. Kenneth F. Plumb, vene is filed within the time required Kenneth F. Plumb, Acting Secretary. herein, if the Commission on its own re­ Acting Secretary. [F.R. Doc. 69-21; Filed, Jan. 3, 1969; view of the matter finds that a grant of [F.R. Doc. 69-20; Filed, Jan. 3, 1969; 8:45 a.m.j the certificate and permission and ap­ 8:45 a.m.] proval for the proposed abandonment is required by the public convenience and [Docket No. CP69-176] necessity. If a petition for leave to in­ [Docket No. CP69-171] COLORADO INTERSTATE GAS CO. tervene is timely filed, or if the Commis­ CASCADE NATURAL GAS CORP. sion on its own motion believes that Notice of Application a formal hearing is required, further Notice of Application notice of such hearing will be duly given. December 26, 1968. Under the procedure herein provided December 24, 1968. Take notice that on December 16, 1968, for, unless otherwise advised, it will be Take notice that on December 13,1968, Colorado Interstate Gas Co.* a division unnecessary for Applicant to appear or Cascade Natural Gas Corp. (Applicant), of Colorado Interstate Corp. (Applicant), be represented at the hearing. 222 Fairview Avenue North, Seattle, Post Office Box 1087, Colorado Springs, Wash. 98109, filed in Docket No. CP69- Colo. 80901, filed in Docket No. CP69-176 Kenneth F. Plumb, 171 a “budget-type” application pursu­ an application pursuant to section 7(b) Acting Secretary. ant to section 7(c) of the Natural Gas and section 7(c) of the Natural Gas Act [F.R. Doc. 69-22; Filed, Jan. 3, 1969; Act, as implemented by § 157.7(b) of the for permission and approval to abandon 8:45 a.m.] regulations thereunder for a certificate certain natural gas facilities, to construct of public convenience and necessity au­ and operate other facilities, and to sell [Docket No. CP69-174] thorizing the construction and opera­ and deliver natural gas, all as more fully tion of certain natural gas facilities, set forth in the application which is on EL PASO NATURAL GAS CO. all as more fully set forth in the appli­ file with the Commission and open to cation which is on file with the Com­ public inspection. Notice of Application mission and open to public inspection. Specifically, Applicant requests au­ December 24, 1968. Specifically, Applicant seeks authori­ thority to construct and operate ap­ Take notice that on December 16, 1968, zation to construct during the calendar proximately 10.4 miles of 24-inch and El Paso Natural Gas Co. (Applicant), year 1969 and operate various field fa­ 12%-inch pipeline and two meter sta­ Post Office Box 1492, El Paso, Tex. 79999, cilities for the connection of additional tions connecting Applicant’s existing filed in Docket No. CP69-174 an applica­ supplies of gas in fields in the State of field pipelines to the proposed Alamo tion pursuant to section 7(c) of the Nat­ Colorado. Chemical Co. (Alamo) Plant near the ural Gas Act for a certificate of public Applicant states that the proposed fa­ town of Fritch, Tex. Applicant also seeks convenience and necessity authorizing cilities are necessary to enable Applicant permission and approval to retire the the construction and operation of certain to act with reasonable dispatch in con­ Loften-Holmes Meter Station and a natural gas facilities and the sale and necting new gas supplies in various pro­ major portion of the Fritch Meter Sta­ delivery of natural gas, all as more fully ducing areas generally coextensive with tion on the field lines between Appli­ set forth in the application which is on its system. cant’s Sanford Compressor Station and file with the Commission and open to Total estimated cost of the proposed its Panhandle Field Compressor No. 6. public inspection. facilities is $900,000, with the total cost Applicant seeks authority to replace the Specifically, Applicant seeks authoriza­ of gas-purchase facilities for any single aforementioned stations by the construc­ project to be installed during the cal­ tion to sell and deliver on a firm basis, endar year 1969 not to exceed $350,000. tion of a new meter station to be known pursuant to a limited-term agreement, a Financing will be provided from cash on as the Texas NGPL Meter Station for minimum average of 100,000 Mcf of nat­ hand, cash generated from normal op­ measuring volumes delivered to Natural ural gas per day each year to Natural erations, and from financing to be Gas Pipeline Company of America Gas Pipeline Company of America (Nat­ negotiated. (NGPL). ural) beginning upon receipt of au-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 168 NOTICES thorization and continuing through unnecessary for Applicant to appear or [Docket No. RI69-324, etc.] calendar year 1971. The agreement fur­ be represented at the. hearing. PAN AMERICAN PETROLEUM ther provides that during the calendar K enneth F. Plumb, CORP. ET AL. years 1972 and 1973, the parties shall Acting Secretary. use their best efforts to deliver and Order Providing for Hearings on and [F.R. Doc. 69-23; Filed, Jan. 3, 1969; receive quantities of gas not to exceed Suspension of Proposed Changes in an average of 75,000 Mcf per day or a 8:45 a.m.] maximum of 100,000 Mcf in 1 day. Dur­ Rates 1 December 23, 1968. ing the calendar years 1969 through [Docket No. CP68-123] 1971, Applicant may be required to The Respondents named herein have deliver up to 125,000 Mcf to Natural in GAS BOARD OF TOWN OF WEST filed proposed increased rates and any one day. Applicant may also be re­ JEFFERSON, ALA., AND SOUTHERN charges of currently effective rate sched­ quired to deliver amounts in excess of NATURAL GAS CO. ules for sales of natural gas under Com­ 125,000 Mcf during 1969 to 1971, but mission jurisdiction, as set forth in Ap­ such excess amounts will be subject to Notice of Petition To Amend pendix A hereof. The proposed changed rates and the availability of gas at the designated December 24, 1968. delivery point. charges may be unjust, unreasonable, The application states that the de­ Take notice that on November 12, unduly discriminatory, or preferential, livery point of all quantities is to be at 1968, The Gas Board of the town of or otherwise unlawful. the outlet flange of a side valve to be West Jefferson and the town of West The Commission finds: It is in the installed by Applicant at a mutually Jefferson, Ala. (Applicants) filed in public interest and consistent with the agreeable point on Applicant’s 20-inch Docket No. CP68-123 a petition to amend Natural Gas Act that the Commission Lockridge Field to Waha Plant'pipeline the order of the Commission issued in enter upon hearings regarding the law­ in sec. 80, Block 34, H&TC Survey, Ward said docket December 18, 1967, which fulness of the proposed changes, and County, Tex. order directed the Southern Natural Gas that the supplements herein be sus­ Applicant states that the proposed Co. (Respondent) to establish physical pended and their use be deferred as or­ sale and sale and delivery will enable it connection of its facilities with facili­ ties proposed to be constructed by The dered below. to dispose of a portion of a temporary Gas Board of the town of West Jefferson, The Commission orders: excess supply of gas and will thereby Ala. (the Board) and to sell and deliver (A) Under the Natural Gas Act, par­ reduce prepayment obligations. to the Board up to 591 Mcf of natural ticularly sections 4 and 15, the regula­ Total estimated cost of the proposed gas daily for resale and distribution by tions pertaining thereto (18 CFR Ch. I), construction at the point of delivery is the Board to the town of West Jefferson, and the Commission’s rules of practice $12,368. Financing will be provided from Ala. (the Town) and the surrounding and procedure, public hearings shall be working funds. area. held concerning the lawfulness of the Protests or petitions to intervene may Specifically, the petition requests proposed changes. be filed with the Federal Power Com­ amendment of said order to substitute (B) Pending hearings and decisions mission, Washington, D.C. 20426, in ac­ authorization of gas service to the Town thereon, the rate supplements herein are cordance with the rules of practice and in lieu of the Board and to extend the suspended and their use deferred until procedure (18 CFR 1.8 or 1.10) and the time to August 1, 1969, within which date shown in the “Date Suspended regulations under the Natural Gas Act the Town must be prepared to' receive Until’’ column, and thereafter until (§ 157.10) on or before January 17, 1969. made effective as prescribed by the Nat­ Take further notice that, pursuant to gas service. The petition states that the proposed ural Gas Act. the authority contained in and subject change is required because the U.S. De­ (C) Until otherwise ordered by the to the jurisdiction conferred upon the partment of Housing and Urban Devel­ Commission, neither the suspended sup­ Federal Power Commission by sections opment, the purchaser of the bonds pro­ plements, nor the rate schedules sought 7 and 15 of the Natural Gas Act and the posed to be issued to finance the cost of to be altered, shall be changed until dis­ Commission’s rules of practice and pro­ the gas distribution system, has insisted position of these proceedings or expira­ cedure, a hearing will be held without that the Town itself, rather than the tion of the suspension period. further notice before the Commission Board, finance, construct, own, and op­ (D) Notices of intervention or peti­ on this application if no petition to erate the gas distribution system. tions to intervene may be filed with the intervene is filed within the time re­ Federal Power Commission, Washington, quired herein, if the Commission on its Protests or petitions to intervene may be filed with the Federal Power Commis­ D.C. 20426, in accordance with the rules own review of the matter finds that a sion, Washington, D.C. 20426, in accord­ of practice and procedure (18 CFR 1.8 grant of the certificate is required by the ance with the rules of practice and pro­ and 1.37(f)) on or before February 17, public convenience and necessity. If a 1969. petition for leave to intervene is timely cedure (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act By the Commission. filed, or if the Commission on its own (§ 157.10) on or before January 20, 1969. motion believes that a formal hearing [seal] K enneth F. Plumb, is required, further notice of such hear­ K enneth F. Plumb, Acting Secretary. ing will be duly given. Acting Secretary. Under the procedure herein provided [F.R. Doc. 69-24; Filed, Jan. 3, 1969; 1 Does not consolidate for hearing or dis­ for, unless otherwise advised, it will be 8:45 a.m.] pose of the several matters herein.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 169

Effective Gents per Met Kate in Rate Sup­ Am ount D ate date D ate - effect D ocket Respondent sched­ ple­ Purchaser and producing area of filing unless sus­ Proposed subject to N o. ule m ent annual tendered sus­ pended R ate in increased refund in N o. N o. increase pended until— effect rate dockets Nos.

RI69-324.. Pan American Petroleum 378 15 El Paso Natural Gas Co. (Kutz $16 11-22-68 1- 1-69 6- 1-69 » 12.2295 * 13.2501 RI66-157. Corp., Security Life Bldg., Pictured Cliffs Field West, San Juan Denver, Colo. 80202, A tten­ County, N. Mex., San Juan Basin). tion: Frank Houck, Esq...... do...... 382 8 El Paso Natural Gas Co. (Bisti Gallup 91 11-22-68 1- 1-69 6- 1-69 13.0 3 15. 2869 Field, Lower, San Juan County, N. Mex., San Juan Basin)...... do...... 387 5 El Paso Natural Gas Co. (Ignatio 11-22-68 1- 5-69 6- 5-69 14.0074 15.0083 Field, La Plata County, Colo.). RI69-325.. Pan American Petroleum 397 4 El Paso Natural Gas Co. (Gallup 2,200 11-22-68 1- 1-69 6- 1-69 13.0 14.0 Corp. (Operator) et al. Field, San Juan and Rio Arriba Counties, N. Mex., San Juan Basin). R I69-324.. Pan American Petroleum 400 6 El Paso Natural Gas Co. (Tocito 11-22-68 1- 1-69 6- 1-69 13.0 18.0 Corp. Dome Field, San Juan County, N. Mex., San Juan Basin)...... do...... 405 3 ____ do___ . ______14,940 11-22-68- 1- 1-69 6- 1-69 13.0 15.0 ____ d o ...... i . 411 3 El Paso Natural Gas Co. (Ute Dome, 146,250 11-22-68 1- 1-69 6- 1-69 11.75 15.0 Paradox Field, San Juan County, N. Mex., San Juan Basin). ___ wdo...... 469 5 El Paso Natural Gas Co. (Blanco 1,902 11-22-68 1- 1-69 6- 1-69 13.0 ‘ 14.2678 Mesaverde Field, San Juan County, N. Mex., San Juan Basin). RI69-325-- Pan American Petroleum 484 5 El Paso Natural Gas Co. (Basin 309 11-22-68 1- 1-69 6- 1-69 13.0 * 15. 0619 Corp. (Operator) et al. Dakota Field, San Juan County, N. Mex., San Juan Basin). RI69-326-...... do...... 485 7 El Paso Natural Gas Co., Basin 309 11-22-68 1- 1-69 6- 1-69 13.0 15.0619 RI65-468. Dakota Field, San Juan County, N. Mex., San Juan Basin. ____ d o ...... 508 3 ...... do...... 300 11-22-68 1- 1-69 6- 1-69 13.0 14.0 RI69-324.. Pan American Petroleum 517 6 ...... do...... 1,523 11-22-68 1- 1-69 6- 1-69 13.0 3 14.2693 Corp. RI69-326-. Roy L. Cook, 1116 Bank of 4 4 South Union Gathering Co., Basin 466 11-27-68 1- 1-69 6- 1t69 14.0578 15.0 New Mexico Bldg., Al­ D akota Field, San Juan Com ity, buquerque, N . Mex. 87101. N. Mex., San Juan Basin. RI69-327— Skellÿ Oil Co. (Operator) 33 6 Kansas-Nebraska Natural Gas Co.; 301 11-27-68 12-28-68 5-28-69 13.7424 14.6585 G-17060. et al., Post Office Box 1650, Inc., Logan County, Colo. Tulsa, Okla. 74102, Atten­ tion: R. J. Dent. RI69-328-. R&J Drilling Co., Inc. 4 3 South Union Gathering Co., Basin 3,000 11-27-68 1- 1-69 6- 1-69 14.0 15.0 RI65-213. (Operator) et al., 1775 Dakota Field, San Juan County, N. Broadway, New York, Mex., San Juan Basin. N .Y . 10019.

All of the above rates are stated at a pressure base of 15.025 p.s.i.a. 2 Includes partial reimbursement for full 2.55 percent New Mexico Emergency School Tax and 0.015 percent increase in New Mexico Conservation Tax. • Includes partial reimbursement for full 2.55 percent N ew Mexico Emergency 3 Includes partial reimbursement for .55 percent increase in N ew Mexico Emergency School Tax. . School Tax. Pan American Petroleum Oorp. (Pan plicant) , Post Office Box 1642, Houston, application if no petition to intervene is American) proposes that its increased rates Tex. 77001, filed in Docket No. CP69-179 filed within the time required herein, if contained in Supplement Nos. 15, 8, 5, and an application pursuant to section 7(c) the Commission on its own review of the 6 to its FPC Gas Rate Schedule Nos. 378, 382, 469, and 517, respectively, include partial of the Natural Gas Act for a certificate matter finds that a grant of the certifi­ reimbursement for the full 2.55 percent New of public convenience and necessity au­ cate is required by the public convenience Mexico Emergency School Tax. El Paso Nat­ thorizing an increase in the volume of and necessity. If a petition for leave to in­ ural Gas Co. (El Paso) the purchaser under natural gas delivered to an existing cus­ tervene is timely filed, or if the Commis­ each of said rate schedules, has customarily tomer, Michigan Gas Storage Co. sion on its own motion believes that a filed a protest to proposed rate increases (MGS), for resale in its authorized de­ formal hearing is required, further notice including such tax reimbursement if the livery area, all as more fully set forth in of such hearing will be duly given. proposed reimbursement relates to a higher the application which is on file with the tax increase than 0.55 percent. El Paso con­ Under the procedure herein provided cedes that the New Mexico tax legislation . Commission and open to public for, unless otherwise advised, it will be in question effected a higher tax of at least inspection. unnecessary for Applicant to appear or 0.55 percent, but it questions whether or Specifically, Applicant seeks authori­ be represented at the hearing. not the new legislation effected a tax in­ zation to increase its Annual Contracted crease in excess of 0.55 percent. Conse­ Volume delivered under its CS-1 Rate K enneth F. P lumb, quently, we find that the hearings upon Schedule to MGS from 49,945,000 Mcf of Acting Secretary* each of said proposed changes in rate shall natural gas to 51,945,000 Mcf. The par­ concern itself with the contractual basis [F.R. Doc. 69-25; Filed,. Jan. 3, 1969; for the rate filing, as well as the statutory ties have agreed that it would be desira­ 8:45 a.m.j , lawfulness of Pan American’s proposed in­ ble to increase the annual volume of gas received and that no change is to be made creased rate and charge. [Dockets Nos. RI69-329, RI69-330] All of the producers’ proposed increased in the daily contract demands and no rates and charges exceed the applicable area new facilities are required. UNION PRODUCING CO. ET AL. rate levels for increased rates as set forth in Protests or petitions to intervene may the Commission’s statement of general policy be filed with the Federal Power Commis­ Order Providing for Hearing on and No. 61-1, rules of practice and procedure, sion, Washington, D.C. 20426, in accord­ Suspension of Proposed Changes in 18 CPR 2.56. ance with the rules of practice and pro­ Rates, and Allowing Rate Changes [P.R. Doc. 69-27; Filed, Jan. 3, 1969; cedure (18 CFR 1.8 or 1.10) and the 8:46 a.m.] regulations under the Natural Gas Act To Become Effective Subject to (§ 157.10) on or before January 22, 1969. Refund 1 December 24, 1968. [Docket No. CP69-179] Take further notice that, pursuant to the authority contained in and subject to The Respondents named herein have PANHANDLE EASTERN PIPE LINE CO. the jurisdiction conferred upon the Fed­ filed proposed changes in rates and eral Power Commission by sections 7 and Notice of Application . charges of currently effective rate sched­ 15 of the Natural Gas Act and the Com­ ules for sales of natural gas under Com- December 26,1968. mission’s rules of practice and procedure, Take notice that on December 18,1968, a hearing will be held without further 1 Does not consolidate for hearing or dis­ Panhandle Eastern Pipe Line Co. (Ap­ notice before the Commission on this pose of the several matters herein.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 170 NOTICES mission jurisdiction, as set forth in are suspended and their use deferred to the contrary within 15 days after the Appendix A hereof. until date shown in the “Date Suspended filing of their respective agreements and The proposed changed rates and Until” column, and thereafter until made undertakings, such agreements and un­ charges may be unjust, unreasonable, un­ effective as prescribed by the Natural dertakings shall be deemed to have been duly discriminatory, or preferential, or Gas Act: Provided, however, That the accepted. otherwise unlawful. supplements to the rate schedules filed CO Until otherwise ordered by the The Commission finds: It is in the by Respondents, as set forth herein, shall Commission, neither the suspended sup­ public interest and consistent with the become effective subject to refund on the plements, nor the rate schedules sought Natural Gas Act that the Commission date and in the manner herein pre­ to be altered, shall be changed until enter upon hearings regarding the law­ scribed if within 20 days from the date disposition of these proceedings or ex­ fulness of the proposed changes, and that of the issuance of this order Respondents piration of the suspension period. the supplements herein be suspended and shall each execute and file under its their use be deferred as ordered below. above-designated docket number with (D) - Notices of intervention or peti­ The Commission orders: the Secretary of th e . Commission its tions to intervene may be filed with the (A) Under the Natural Gas Act, par­ agreement and undertaking to comply Federal Power Commission, Washington, ticularly sections 4 and 15, the regula­ with the refunding and reporting pro­ D.C. 20426, in accordance with the rules tions pertaining thereto (18 CFR Ch. I), cedure required by the Natural Gas Apt of practice and procedure (18 CFR 1.8 and the Commission’s rules of practice and § 154.102 of the regulations there­ and 1.37(f)) on or before January 31, and procedure, public hearings shall be 1969. held concerning the lawfulness of the under, accompanied by a certificate proposed changes. showing service of copies thereof upon By the Commission. (B) Pending hearings and decisions all purchasers under the rate schedule [seal] K enneth F. P lumb, thereon, the rate supplements herein involved. Unless Respondents are advised Acting Secretary.

A p p e n d i x A

R ate Sup­ Am ount Effective D ate Cents per Mcf Docket sehed- ple- of N o. Respondent ule m ent Purchaser and producing area annual filing unless pended R ate in No. N o, Proposed increase tendered sus­ until— effect increased pended rate

RI69-329... _ U nion Producing Co., 900 South­ 210 18 United Gas Pipe Line Co., Sugar $12,307 11-27-68 12-31-68 1- 1-69 13. 05076 west Tower, Houston, Tex. 77002. Creek Field, Clairbome Parish, 14.07636 La. (N ). RI09-33O-.. _ Union Producing Co. (Operator) 208 22 United Gas Pipe Line Co., Sligo 54,356 11-27-63 12-31-68 1- 1-69 123 12.5252 et al. Field, Bossier Parish, La. (N). 3 2 3 13.5508 11-27-68 12-31-68 1- 1-69 * 3 4 12. 0252 1 3 4 13. 0508 11-27-68 12-27-68 12-28-68 6 13.0252 6 14.0508

A ll rates shown at 15.025 p.s.i.a. dale Air Force Base. 1 United deducts 0.75 cent per Mcf from rate shown for compressing gas. 4 Rate includes 1-cent tax reimbursement for “deficient wells” 2 Rate includes 1.5 cents per Mcf tax reimbursement. 3 Rate applicable to production on Barksdale Air Force Base. 3 Rate applicable to production under rate schedule except that produced on Barks- The proposed rate increase from 13.0252 portation of natural gas to the Republic cents to 14.0508 cents per Mcf of natural procedure (18 CFR 1.8 or 1.10) on or gas under Union Producing Co.’s (Union) of Mexico, all as more fully set forth before January 17, 1969. PPC Gas Rate Schedule No. 208 exceeds the in the application which is on file with 14 cents pier Mcf hase increased rate ceiling the Commission and open to public K enneth F. P lumb, applicable to sales as set forth in the Com­ inspection. Acting Secretary. mission’s statement of general policy, No. Applicant proposes to construct at the [F.R. Doc. 69-26; Filed, Jan. 3, 1969; 61—1, § 2.56 of the rules of practice and pro­ international boundary of the -United 8:46 a.m.] cedure, but it does not exceed the 15.75 cents States and the Republic of Mexico the per Mcf increased rate ceiling normally appli­ following facilities: cable when tax reimbursement is added to the base rate ceiling. The sale involved here, how­ A 2-inch natural gas line in Dona Ana ever, is of gas produced on Federal lands, County, N. Mex., commencing at a point DEPARTMENT OF HEALTH, EDU­ and is, therefore, not subject to State tax. of connection with El Paso Natural Gas In these circumstances we conclude that the Co.’s 4%-inch O.D. El Paso Brick Co. proposed rate should be suspended for 1 pipeline and extending therefrom in a CATION, AND WELFARE day as ordered herein. southeasterly direction 125 feet, thence Office of the Secretary The other proposed increased rates here do in a southerly direction parallel with and not exceed the applicable increased rate ceil­ approximately 200 feet west of the NATIONAL INSTITUTES OF HEALTH ing set forth in the Commission’s statement boundary line between the States Qf of general policy No. 61-1 (supra) but are Texas and New Mexico, 1,150 feet to a Statement of Organization, Functions, suspended for 1 day, as ordered herein, and Delegations of Authority because the seller and buyer are affiliates. point on the international boundary line [F.R. Doc. 69-28; Filed, Jan. 3, 1969; between the United States and Mexico, This amendment to the Statement of 8:46 a.m.] together with related metering facilities Organization, Functions, and Delegations immediately adjacent to such interna­ of Authority of the Department of tional boundary. Health, Education, and Welfare reflects [Docket No. CP69-169] The aforementioned facilities will con­ the implementation of the Reorganiza­ nect with the facilities of Gas Natural WESTERN GAS INTERSTATE CO. tion Orders of Secretary Wilbur J. Cohen de Juarez, S.A. Del Norte Natural Gas Of March 13, 1968 (33 F.R. 4894), April 1, Notice of Application Co. will lease, maintain, and operate 1968 as amended (33 F.R. 5426, 6891), Applicant’s proposed facilities, and will and July 1, 1968 (33 FJR. 9909), with re­ D ecember 24, 1968. be the exporter of natural gas to Gas Na­ spect to the organization of the National Take notice that on December 11,1968, tural de Juarez, S.A. Del Norte has filed Institutes of Health as an operating Western Gas Interstate Co. (Applicant) for a Presidential permit and for au­ agency of the Department. Part 9 of the Fidelity Union Tower, Dallas, Tex. 75201, thorization under section 3 of the Nat­ Department’s Statement for the National filed in Docket No. CP69-169 an appli­ ural Gas Act in Dockets Nos. CP69-166 Institutes of Health (33 F.R. 11789) is cation pursuant to Executive Order No. and CP69-167. revised as set forth below. Those provi­ 10485 dated September 3, 1953, for a Protests or petitions to intervene may sions in Part 4 (Public Health Service) Presidential permit authorizing the con­ be filed with the Federal Power Com­ of the Department’s Statement of Orga­ struction and connection of facilities at mission, Washington, D.C. 20426, in ac­ nization, Functions, and Delegations of the international boundary for the ex­ cordance with the rules of practice and Authority which are inconsistent with

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 171 the provisions of the new Part 9 are re­ lects, stores, retrieves, and analyzes on administration and management; (2) voked herewith. management and program data needed provides agency-wide leadership and S ection 9-A Mission. The National In­ in the management of extramural pro­ guidance in all phases of management; stitutes of Health provides leadership grams; and (5) reviews and analyzes the and (3) directs staff and service func­ and direction to programs designed to character and direction of research and tions in the areas of budget and financial improve the health of the people of the training supported through NTH grants management, personnel management, United States through the following and the resources involved in providing management policy and review, and gen­ activities: such support. eral administration. (1) Conducts and supports research in Office of the Associate Director for Office of Financial Management. (1) the causes, diagnosis, prevention, and Direct Research. (1) Advises the Deputy Advises the Director, NIH, and his staff cure of diseases of man, in the processes Director for Science and provides guid­ and provides leadership and direction for of human growth and development, in ance to the Institutes and Divisions on NIH financial management activities; the biological effects of environmental the intramural and collaborative re­ (2) develops policies and instructions for contaminants, and in related sciences search programs of the NIH; and (2) di­ budget preparation and presentation; and supports the training of research rects the operations of the Division of (3) collaborates with the Office of the personnel, and construction of research Research Services. Associate Director for Programing, Plan­ facilities, and the development of other Division of Research Services. Provides ning, and Evaluation in the development research resources. centralized instrumentation and mainte­ and implementation of the long-range (2) Administers programs to meet nance, library, medical arts, photog­ program and financial plan under the health manpower requirements for the raphy, translating, animal production Program Planning Budgeting System nation, primarily through the support of and care, new construction, plant main­ (PPBS) ; (4) provides guidance and co­ education and training, and to give gen­ tenance, environmental, landscaping, ordination on the financial and related eral support to institutions engaged in and other scientific, technical and engi­ aspects of grants management, nego­ education and research in the health neering services to NIH. tiates and settles hospitalization rates field. Office of the Associate Director for for grants and contracts, furnishes fi­ (3) Directs programs for the collec­ Clinical Care Administration. Advises nancial advice to contracting officers, and tion, dissemination, and exchange of in­ the Director, NIH, and the Deputy Di­ participates in the formulation, co­ formation in medicine and health, in­ rector for Science on policies relating to ordination, and implementation of grant cluding the development and support of clinical care administration. and award regulations, policies, and pro­ medical libraries and the training of Office of the Associate Director for cedures; (5) directs allocation of funds medical librarians and other health in­ Program Planning and Evaluation. (1) and manages a system of fund and budg­ formation specialists. Advises the Director on program plans etary controls; (6) directs planning and (4) Administers Federal standards and policies and on legislative proposals; implementation of fiscal systems and and licensing activities controlling the (2) evaluates the programs of the operat­ procedures and provides accounting serv­ safety, purity, and potency of certain ing organizations of the NIH and makes ices; (7) provides a central grant ac­ viruses, serums, toxins, and analogous recommendations thereon to the Direc­ counting and financial reporting point products sold in interstate commerce. tor; and (3) directs staff functions relat­ for all DHEW grants to educational and S ec. 9-B Organization. The National ing to program development, program nonprofit institutions. Institutes of Health is administered by analysis, resources analysis, and legisla­ Office of Personnel Management. (1) the Director of the National Institutes of tive liaison. Advises the Director, NIH, and his staff Health, under the direction of the Assist­ Office of Program Analysis. (1) An­ on personnel management; (2) directs ant Secretary for Health and Scientific alyzes and interprets operating and central personnel management services; Affairs. The agency consists of the fol­ planning data relating to NIH activi­ (3) provides NIH leadership and plan­ lowing major components with functions ties, programs and policies; (2) devel­ ning on policy development, manpower as indicated; ops systems and methods for conducting planning, recruitment, employee devel­ Office of the D irector appropriate NIH program reviews and opment, salary administration, and special studies; and (3) collaborates other personnel functions; (4) makes Office of the Director and Deputy Di­ with other NIH and DHEW agencies studies and recommendations to top rector. Provides leadership and direc­ in studying the impact of NIH pro­ management at NIH for new or redi­ tion to the programs and activities of the grams on the training and utilization rected personnel efforts and policies. National Institutes of Health. of biomedical personnel, the impact of Office of Management Policy and Re­ Office of the Deputy Director for Sci­ other programs on the activities and view. As the principal NIH staff office ence. (1) Advises the Director, NIH, on future plans of NIH, and the impact on for organization and management: (1) science policy; (2) functions for the NIH of proposed legislation. Advises on management and adminis­ Director in resolving policy problems Office of Resources Analysis. (1) Pro­ trative policy; (2) provides advice and with the Directors of Institutes and Di­ vides systematic, continuing analysis of assistance on organization, systems, pro­ visions, and (3) reviews and makes rec­ current biomedical research expendi­ cedures, management controls, records, ommendations to the Director on the tures, facilities, manpower, institutions, and other management matters; (3) programs and plans of these Institutes and other critical resources; (2) develops makes management studies, participates and Divisions. interrelated projections of these biomed­ in studies by ad hoc groups, evaluates Office of the Associate Director for ical research requirements and re­ studies of NIH made by outside organi­ Extramural Research and Training. (1) sources; and (3) assesses NIH policies, zations, and prepares management re­ Advises the Deputy Director for Science long-range plans, and current program ports; (4) plans and organizes a man­ and provides guidance to the Institutes projections, within the context of na­ agement survey and review program and Divisions on the extramural research tional needs and resource capabilities. throughout NIH; (5) develops recom­ and training programs of the NIH; (2) Office of Legislative Analysis. (1) mendations to the Associate Director for directs the operations of the Division of Identifies, analyzes, and reports on leg­ Administration, and the head of the or­ Research Grants; and (3) coordinates islative developments relevant to NIH ganization surveyed for improving the grants policy for the whole of NIH, and programs and activities; (2) assesses the system of management controls; (6) represents the NIH to the Office of the need for and proposes changes in the provides data processing services to Secretary on overall grants policy. statutory base of NIH activities; (3) other components of the Office of the Division of Research Grants. (1) Pro­ plans and develops new legislative pro­ Associate Director for Administration vides staff support services for NIH in posals; (4) coordinates and controls NTH and advice on systems analysis to top formulating grants and awards policies congressional communications; and (5) management; (7) serves as liaison on and procedures; (2) assigns research provides NIH liaison on legislative mat­ grant applications to initial review ters with the Department, Congress, and ADP policy with the Office of the Sec­ groups and Bureaus, research Institutes other bodies. retary; and (8) conducts a management and Divisions; (3) provides for the sci­ Office of the Associate Director for program covering directives, forms, re­ entific review of applications; (4) col­ Administration, (l) Advises the Director ports, record retention, microfilming,

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 172 NOTICES equipment, and other aspects of paper­ N ational I nstitute of Arthritis and Clinical Center work management. Metabolic D iseases (1) Provides patient facilities and Office of Administrative Services. (1) Administers programs of research, services, other than physician care, for Provides central management services grants-in-aid for research, training clinical investigations in the Clinical in a number of administrative areas grants and awards, and career and fel­ Center; (2) conducts research in clinical including (a) research contracts, (b) lowship awards in arthritis and meta­ care, hospital administration, and re­ property, procurement, and supply bolic and related diseases. lated areas; and (3) supervises residency management, (c) protection and safety and other training programs. of NIH employees and property, (d) con­ National Institute of Child Health trol of traffic and parking on NIH and Human D evelopment J ohn E. F ogarty International Center grounds, (e) communications, space for Advanced S tudy in the H ealth (1) Conducts, fosters, and coordinates S ciences planning, and transportation, (f ) house­ research relating to maternal health, keeping services, and (g) printing and child health, and human development, (1) Provides the facility for the as­ reproduction; and (2) develops and im­ including research in special health sembly of scientists and leaders in the plements policies and procedures in problems and requirements of mothers biomedical, behaivoral, and related fields these areas. and children or aged persons, and in for discussion, study, and research re­ Office of Information. (1) Plans, di­ the fundamental sciences relating to the lating to the development of science in­ rects, and coordinates the information process of human growth, development, ternationally as it pertains to health programs and activities of the NIH; (2) and prenatal development; (2) provides and its implications and applications for advises Director, NIH, on policy mat­ grants to public or private institutions the future; (2) furthers international ters pertaining to information and com­ and individuals for research and train­ cooperation and collaboration in the life munication activities and develops poli­ ing, provides fellowships to individuals; sciences through its research programs, cies and overall plans for the guidance and (3) collects and disseminates in­ conferences, and seminars; (3) provides of the several components of NIH; (3) formation on research and findings in postdoctoral fellowships for training in identifies public information needs and the area of child health and human the United States and abroad and pro­ supports special efforts to meet these development. motes senior scientist exchanges be­ needs; and (4) provides for orderly and tween the United States and other coun­ expeditious processing and dissemina­ N ational Institute of D ental R esearch tries; (4) coordinates the NIH activities tion of informational materials. Conducts and supports basic, clinical, and functions generally concerned with N ational Cancer Institute and applied research and research train­ the health sciences at an international ing in the causes, diagnosis, prevention, level; and (5) serves as a focal point for Conducts, administers, and coordi­ and cure of oral diseases and disorders: foreign visitors to the National Institutes nates a program of research related of Health. to the cause, prevention, diagnosis, and (1) Conducts intramural laboratory, clinical, and field research; (2) supports D ivision of B iologics S tandards treatment of cancer; for this purpose, dental and medically related research makes grants-in-aid for research, train­ and research training by assisting indi­ (1) Administers regulation of biolog­ ing, traineeships, and fellowships, and viduals, universities, institutions, and ical products used in the District of Co­ publishes related information. agencies through grants-in-aid for re­ lumbia and in interstate,commerce; and N ational Eye Institute search projects, training, fellowships, (2) prepares biological products for its and dental research institutes; (3) con­ own use and for use by other Federal (1) Conducts, fosters, and coordinatesducts and supports collaborative and, de­ and private agencies and organizations research on the causes, prevention, diag­ velopmental research programs aimed at engaged in medicine when such products nosis, and treatment of blinding eye dis­ specific dental problems where majqr ad­ are not available commercially. In carry­ eases and visual disorders, including re­ ing out these functions, cooperates with search and training in the special health vance seems clearly possible; (4)* dis­ seminates and supports dissemination other PHS organizations, governmental problems and requirements of the blind of research findings and related and international agencies, volunteer and in the basic and clinical sciences re­ information. health organizations, universities, indi­ lating to the mechanism of the visual vidual scientists, nongovernmental labo­ function and preservation of sight; and National Institute of General Medical ratories, and manufacturers of biolog- (2) administers a program of research S ciences icals. and training grants and awards, espe­ cially against the main causes of blind­ Administers, fosters, and supports D ivision of Computer R esearch and programs of research, research training, Technology ness and loss of visual function and for and research fellowships in the general the improvement of the condition of the or basic medical sciences and related Plans and conducts an integrated com­ visually deprived. natural or behavioral sciences which puter research and service program in N ational H eart Institute have significance for a number of other support of the NIH mission. In fulfilling this responsibility, the Division: (1) Pro­ (1) Posters, conducts, and coordinates institutes, are outside the general area vides professional programing, com­ research and training on the causes, pre­ of responsibility of any other institute, and will benefit by administration from putational and automatic data processing vention, diagnosis and treatment of dis­ a single point. capability to meet NIH program needs; eases of the heart and circulation; (2) (2) conducts theoretical and applied re­ provides grants-in-aid for cardiovascular National I nstitute of N eurological search in mathematical statistics, mathe­ research and teaching; (3) provides D iseases and S troke matics, and other (physical and life) training and instruction in the research (1) Conducts, fosters, and coordinates sciences; (3) provides resources for re­ and clinical aspects of heart diseases; search, development, and consultation and (4) collects and disseminates infor­ research on the causes, prevention, diag­ for the design and implementation of mation on cardiovascular diseases. nosis, and treatment of neurological and project-supporting computer systems; sensory disorders and related fields; (2) National Institute of Allergy and (4) Provides scientific and administra­ Infectious D iseases administers a program of research tive direction in the formulation of NIH- grants, training grants, and awards; and Administers programs of research, wide policies, standards, methods, arid grants-in-aid for research, training (3) with the Division of Chronic Disease procedures on computation and auto­ grants and awards, and career and fel­ Programs, HSMHA, collects and dissemi­ matic data processing activities; and (5) lowship awards in allergy, infectious, and nates information related to neurological Participates in the analysis of require­ related diseases. and sensory disorders. ments, design, and development of auto-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 173 matic data processing systems to make manpower activities involving the United Division of Physician Manpower. (1) effective use of advanced techniques and States; (6) guides and supports divi­ Provides a focus for physician manpow­ equipment. sional program management; (7) pro­ er, education, and related activities; and vides central program planning, infor­ (2) administers programs to increase the D ivision of Environmental H ealth mation, and management services to the supply and improve the education and S ciences Bureau; and (8) provides technical guid­ effectiveness of physician manpower. (1) Conducts, fosters, and coordinates ance and coordination to Bureau activi­ Division of Allied Health Manpower. research on the biological effects of ties in the DHEW regional organization. (1) Provides a focus for allied health chemical, physical, and biological sub­ Division of Educational and Research manpower, education, and related activ­ stances present in or introduced into the Facilities. (1) Administers and supports ities; (2) administers and supports grant environment, to (a) develop understand­ construction grant programs to meet the and operational programs to increase ing of the mechanism of action of such need for facilities in biomedical research, the supply, and to improve the education substances, (b) provide the scientific education and communications; (2) and effectiveness of manpower in allied basis for evaluating their extent and maintains liaison with program organi­ community, clinical, research, and en­ severity on a national scale; and (c) zations, coordinating budget and pro­ vironmental health occupations; (3) co­ diagnose, define, and develop methods gram plans with those organizations; and ordinates these with related activities for treatment; (2) makes related grants (3) provides grantee institutions and nationwide and especially with the for research, research training, trainee- other Federal agencies a single source Health Services and Mental Health Ad­ ships, and fellowships; and (3) dissemi­ within NIH for information, guidance, ministration, the Social and Rehabilita­ nates appropriate information. and assistance on policies and procedures tion Service, and the Office of Education, governing NIH facilities and construc­ DHEW, and the Department of Labor. B ureau of Health P rofessions Educa­ tion program. tion and Manpower T raining Division of Health Manpower Educa­ National Library of Medicine The Bureau is responsible for the ad- tional Services. (1) Administers grant, The National Library of Medicine: (1) ¿ministration and support of programs to loan, and operational programs to sup­ Assists the advancement of medical and meet health manpower requirements port Bureau activities for the education related sciences through the collection, through education and training and to and training of personnel in the health dissemination, and exchange of infor­ give general support to institutions en­ occupations; (2) provides related con­ mation important to the progress of gaged in education and research in the sultation, evaluation, information, policy medicine and health; (2) serves as a health field. It provides national leader­ and procedural and other services; (3) national medical information resource ship and coordination in support of pro­ administers the-Bureau’s Health Man­ for medical education, research, and grams for health manpower and the power Intelligence Center; and (4) con­ service activities of Federal and private development of institutions for the edu­ ducts and supports activities to develop agencies, organizations, institutions, and cation and training of health personnel, and demonstrate educational com­ individuals; (3) publishes and distrib­ and maintains continuing relationships munications methods, techniques, and utes guides to medical literature and with national, State,, and local, official systems. audiosvisual materials in the form of and voluntary agencies, organizations, Division of Research Resources. Ad­ catalogs, indexes, and bibliographies; and institutions working in these areas. ministers those extramural programs (4) develops, produces, and disseminates Specifically, the Bureau administers which (1 ) provide broad support for in­ audiovisual materials and systems and grants and loans and conducts opera­ stitutional, regional or national pro­ other aids to medical education, re­ tions which (1) promote and support grams to meet health research needs ; (2) search, and practice; (5) supports the the extension and improvement of the provide resources and facilities for multi- translation and publication of biomedi­ educational processes in the nation in disciplinary research programs of non­ cal literature; (6) provides support for increasing the supply and improving the profit institutions conducting health- medical library development and for quality of health manpower, (2) provide related research; (3) support programs training of biomedical librarians and health research resources and facilities for specialized research resources cen­ other health information specialists; (7) for educational and other institutions, ters; and (4) provide general support for conducts and supports research in tech­ (3) promote, extend, and improve dental research and research training programs niques and methods for recording, stor­ and nursing services, particularly as they at universities and other institutions. ing, retrieving, and communicating relate to education and training pro­ Division of Nursing. (1) Provides a health information; and (8) provides grams, and (4) prevent and control focus for nursing manpower, education, technical consultation services and re­ dental diseases and disorders. and related activities; (2) administers search assistance. It also assesses current and future and supports programs to augment and Office of the Director. (1) Directs and health manpower supply and require­ improve nursing education and research coordinates library activities; (2) ad­ ments; develops and supports studies of directed to the improvement of the vises the Director, NIH, on policy relat­ the utilization and distribution of health nursing services and resources of the ing to the management and control of manpower, particularly as they affect country; (3) serves as the primary unit biomedical communication media; (3) education and training; and serves as a within the Department for information studies, identifies, and defines needs in clearinghouse for information on health and guidance concerning all aspects of biomedical communications; and (4) manpower needs, resources, education, nurse manpower, nurse training, and provides the secretariat for the NLM training, and utilization. nurse practice; and (4) maintains a con­ Board of Regents. Office of the Director. (1) Provides tinuing review of national and interna­ Lister Hill National Center for Bio­ leadership, direction, evaluation, and co­ tional nursing activities. medical Communications. (1) Designs, ordination to the overall Bureau and to Division of Dental Health. (1) Pro­ develops, implements, and manages a the Bureau programs in health man­ vides a focus for dental manpower, edu­ Biomedical Communications Network; power and institutional development; cation and related activities; and (2) (2) assists the biomedical community in (2) provides a national focus for and co­ administers and supports programs to identifying and developing products and ordinates external NIH relationships in (a) increase the supply and improve the services for dissemination through the these areas; (3) assesses current and fu­ education and utilization of the nation’s network; (3) develops networks and in­ ture national requirements and resources dental manpower, particularly through formation systems to improve health for manpower in the health occupations education and training programs, (b) education, medical research, and the de­ and for educational programs and facili­ extend and improve the utilization of livery of health services; (4) applies ties, and designs legislative proposals to dental services and resources, (c) pre­ technology to the improvement of bio­ meet needs in these areas; (4) conducts, vent and control dental diseases and medical communications; (5) represents promotes, and supports studies on health disorders, and (d) coordinate these with DHEW in Federal activities related to manpower supply requirements, educa­ related activities in Federal, State, and biomedical communications activities; tional programs, and facilities; (5) pro­ local governmental agencies and volun­ and (6) serves as the focal point in the vides a focus for international health tary and other organizations. Department for development and coordi-

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 No. 3----- 9 174 NOTICES nation of biomedical communications, (5) performs studies directed toward S ec. 5-C Delegations of authority. The systems, and network projects. mechanization and automation of tech­ order of succession and delegations of Office of the Associate Director for nical services. authority to the Director, and related Extramural Programs. (1) Administers Reference Services Division. (1) Pro­ matters are indicated below: programs to augment and strengthen the vides reference services, assistance, and Order of succession. During the ab­ health sciences libraries of the nation facilities; (2) administers the inter-, sence or disability of the Director or in and to improve biomedical communica­ library loan program; (3) maintains, the event of a vacancy in that office, the tions through grants to, or contracts circulates, and preserves the Library’s first official listed below who is available with, non-Federal and private institu­ collection; (4) provides photographic shall act as Director, except during a tions; (2) analyzes and evaluates ex­ and photocopying services; and (5) planned period of absence for which a tramural programs in relation to pro­ operates a graphic image storage and different order has been specified under gram objectives and national needs to retrieval program. (2) below: achieve balanced and effective support; Bibliographic Services Division. (1) (1) (a) Deputy Director. and (3) provides grants management, Analyzes and indexes for publication the (b) Deputy Director for Science. grants processing, and administrative literature of medicine and allied sciences; (2) For a planned period of absence, management services. (2) prepares research bibliographies on the Director may specify a different or­ Research and Training Division. (1) special subjects; (3) analyzes and pre­ der of succession. Supports the conduct of research and pares requests for special bibliographies Delegations of authorities. The Direc­ development projects to; (a) Gain a bet­ for computer processing; (4) develops tor shall continue to exercise all of the ter understanding of the production, recurring bibliographic services; (5) authorities given to him under the processing, and communication patterns develops and produces Index Medicus April 1, 1968, Redelegation by the Assist­ of information in the biomedical and re­ and related publications; and (6) de­ ant Secretary for Health and Scientific lated sciences, (b) identifies the needs velops and maintains the medical sub­ Affairs (33 F.R. 5426) as amended that institutions and workers in the ject heading authority list. May 1, 1968 (33 FJR. 6891). All delega­ health sciences have for this informa­ History of Medicine Division. (1) Ac­ tions or redelegations to any officers or tion, and (c) applies this new knowledge quires, organizes, and services the his­ employees of the National Institutes of to the development of more efficient and torical source materials of the Library; Health which were in effect immediately effective communications modalities; (2) performs research in the history of prior to the effective date hereof con­ (2) supports research projects in the his­ medicine; (3) contributes to historical tinue in effect in them or their tory of life sciences; (3) supports train­ studies by publishing catalogs, bibli­ successors. ing projects to increase the availability ographies, and other aids to medical- W ilbur J. Cohen, of medical librarians and health com­ historical scholarship; and (4) collects, Secretary. munications specialists, and makes catalogs, and controls the Library’s D ecember 26,1968. awards to individuals in the form of historical collection of pictorial ma­ [F.R. Doc. 69-18; Filed, Jan. 3, 1969; traineeships and fellowships for ad­ terials including films, prints, photo- 8:45 a.m.] vanced training and research in health graphsr slides, and paintings. information; (4) makes special awards Office of the Associate Director for to qualified scientists for the purpose of Specialized Information Services. (1) preparing comprehensive studies and Coordinates the development and op­ DEPARTMENT OF critical reviews of the literature; and eration of specialized information serv­ (5) provides secretariat services and staff ices throughout the NLM; (2) plans, TRANSPORTATION assistance to advisory committees in develops, and operates a national toxi­ Federal Aviation Administration these program areas. cological information system, and (3) Resources Division. (1) Coordinates develops and administers a program to GENERAL AVIATION AND AIR CAR­ programs of grants for augmenting the organize and analyze published infor­ RIER DISTRICT OFFICES, INDIANAP­ basic resources of health science libraries mation on the effects of drugs and chem­ OLIS, IND. throughout the country; (2) administers icals on man, and prepares special programs of grants for developing a na­ bibliographies and reports on that Notice of Consolidation tional system of regional medical li­ subject. Notice is hereby given that on or about braries; and (3) provides secretariat Office of the Associate Director for January 1, 1969, the General Aviation services and staff assistance to advisory Audiovisual- Telecommunications. ( 1 ) and Air Carrier District Offices, located committees in these program areas.. Plans, directs, coordinates, and evaluates at FAA Building No. 1, Municipal Air­ Publications and Translations Divi­ a national program in biomedical audio­ port, Post Office Box 41525, will be con­ sion. (1) Supports through grants and visual and telecommunications; and (2) contracts the preparation and publica­ provides program management support solidated into one office called a Flight tion of translations, indexes, bibliog­ for the National Medical Audiovisual Standards District Office No. 61. There raphies, abstracts, and other publications Center. will be no change in address or services to increase the availability and facilitate National Medical Audiovisual Center. offered to the public. This information the utilization of published information (1) Operates the central facility in the will be reflected in the appropriate FAA in the health sciences; and (2) provides Public Health Service for the develop­ Organizational Statement the next time secretariat services and staff assistance ment, production, distribution, evalua­ it is reissued. to advisory committees in the program tion, and utilization of motion pictures, (Sec. 313(a), 72 Stat. 752> 49 TJ.S.C. 1354) area. videotapes, and other audiovisual forms; Issued in Kansas City, Mo., on Decem­ Office of the Associate Director for (2) coordinates a comprehensive audio­ ber 20, 1968. Library Operations. (1) Administers the visual program for the Service to assure Edward C. Marsh, Library’s direct operations; (2) analyzes maximum responsiveness and economy Director, Central Region. of funds and manpower; (3) provides and evaluates direct operations in rela­ consultation and assistance in the de­ [F.R. Doc. 69-111; Filed, Jan. 3, 1969; tion to program needs; and (3) plans velopment of specialized audiovisual ac­ 8:51 a.m.] and administers a national biomedical tivities; (4) encourages the production, library network. dissemination, and utilization of medi­ Technical Services Division. (1) Rec­ cal films and other audiovisuals in the ATOMIC ENERGY COMMISSION ommends policy on scope and coverage schools for health professions and else­ [Docket Nos. 50-295, 50-304] where; (5) operates a national clearing­ of the collection; (2) acquires and cata­ COMMONWEALTH EDISON CO. logs materials for the collection; (3) house and archival program; and (6) develops and maintains national and acts as a national and international Notice of Issuance of Provisional international publication exchange re­ film and videotape center for the distri­ Construction Permits lationships,* (4) publishes catalogs of the bution and exchange of biomedical Notice is hereby given that, pursuant Library’s acquisitions and holdings; and audiovisuals. to the Initial Decision of the Atomic FEDERAL REGISTER, VO L 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTIGES 1 7 5

Safety and Licensing Board, dated De­ Dated at Washington, D.C., Decem­ Falls on segments 1 and 3, and Cleveland cember 24, 1968, the Director of the Di­ ber 30, 1968. on segment 5.1 American Airlines, Inc., and The Fly­ vision of Reactor Licensing has issued [seal] J oseph L. F itzmaurice, Provisional Construction Permits Nos. Hearing Examiner. ing Tiger Line Inc., have filed statements CPPR-58 and CPPR-59 to the Common­ requesting that the Board dismiss Mo­ wealth Edison Co., for the construction [F.R. Doc. 69-94; Filed, Jan. 3, 1969; hawk’s application. of two pressurized water nuclear reac­ 8:50 a.m.] Upon consideration of the foregoing, tors, designated as Zion Station Units 1 we do not find that Mohawk’s applica­ and 2, on the applicant’s Zion Station site [Docket No. 18650; Order 68-12-156] tion is not in compliance with, or is in­ appropriate for processing under the on the west shore of Lake Michigan in INTERNATIONAL AIR TRANSPORT Zion, Lake County, 111., approximately 6 provisions of Subpart M. Accordingly, we miles north-northeast of Waukegan, 111., ASSOCIATION order further proceedings pursuant to and 8 miles south of Kenosha, Wis. The Order Regarding Charges to Apply the provisions of Subpart M, §§ 302.1306- reactors are each designed for initial 302.1310, with respect to Mohawk’s operation at approximately 3250 mega­ at U.S. Airports application. watts (thermal). Adopted by the Civil Aeronautics Accordingly, it is ordered: A copy of the Initial Decision is on Board at its office in Washington, D.C., 1. That the application of Mohawk file in the Commission’s Public Document on the 31st day of December 1968. Airlines, Inc., in Docket 20411 be and Room, 1717 H Street NW., Washington, By Order 68-11-136, dated Novem­ it hereby is set for further proceedings D.C. ber 29, 1968, the Board deferred approval pursuant to Rules 1306-1310 of the of an LATA agreement which would Board’s procedural regulations; and Dated at Bethesda, Md„ this 26th day amend air freight terminal charges to be of December 1968. 2. That this order shall be served applied at U.S. airports. The agreement upon all parties served by Mohawk in its For the Atomic Energy Commission. was adopted pursuant to IATA Resolu­ application. P eter A. Morris, tion 512b, which provides that such charges shall be negotiated by local This order shall be published in the Director, F ederal R egister. Division of Reactor Licensing. agreement among the carriers serving the airports of the country involved. By the Civil Aeronautics Board. [F.R. Doc. 69-19; Filed, Jan. 3, 1969; In deferring action, the Board found 8:45 a.m.] that there was no apparent basis upon [seal] H arold R. S anderson, which to conclude that the charges were Secretary. unreasonable, but allowed a period of 15 [F.R. Doc. 69-99; Filed, Jan. 3, 1969; days for the submission of comments by 8:50 a.m.] CIVIL AERONAUTICS BOARD interested parties. No comments have [Docket No. 18659] been received, and we are herein making [Docket No. 20019] final our approval of this agreement. BUFFALO-TWIN CITIES NONSTOP Acting pursuant to sections 102, 204 MOHAWK CHICAGO ENTRY CASE SERVICE INVESTIGATION (a), and 412 of the Act, the Board does Notice of Prehearing Conference Notice of Prehearing Conference not find the subject agreement to be ad­ verse to the public interest or in violation Notice is hereby given that a prehear­ Notice is hereby given that a prehear­ of the Act. ing conference in the above-entitled pro­ ing conference in the above-entitled in­ Accordingly, it is ordered, That: ceeding is assigned to be held on Janu­ vestigation is assigned to be held on Jan­ Agreement CAB 20630 be and hereby is ary 16, 1969, at 10 a.m., e.s.t., in Room uary 23, 1969, at 10 a.m., e.s.t., in Room approved. 805, Universal Building, 1825 Connecti­ 805, Universal Building, 1825 Connecticut cut Avenue NW., Washington, D.C., be­ Avenue NW., Washington, D.C., before This order will be published in the fore Examiner Louis W. Sornson. Examiner Greer M. Murphy. F ederal R egister. In order to facilitate the conduct of the In order to facilitate the conduct of By the Civil Aeronautics Board. conference interested parties are in­ structed to submit to the examiner and the conference interested parties are in­ [seal] Harold R. Sanderson, other parties on or before January 13, structed to submit to the examiner and Secretary. 1969, (1) proposed statements of issues; other parties on or before January 17, [F.R. Doc. 69-98; Filed, Jan. 3, 1969; (2) proposed stipulations; (3) requests 1969, (1) proposed statements of issues; 8:50 a.m.] for information; (4) statements of posi­ (2) proposed stipulations; (3) requests tions of parties; and (5) proposed proce­ for information; (4) statements of posi­ [Docket No. 20411; order 68-12-153] dural dates. tions of parties; and (5) proposed proce­ MOHAWK AIRLINES, INC. Dated at Washington, D.C., Decem­ dural dates. ber 31,1968. Order Providing for Further Proceed­ Dated at Washington, D.C., Decem­ [seal] Thomas L. W renn, ber 31, 1968. ings in Accordance With Expedited Chief Examiner. Procedures [F.R. Doc. 69-95; Filed, Jan. 3, 1969; [ seal] T homas L. W renn, Chief Examiner. Adopted by the Civil Aeronautics 8:50 a.m.] Board at its office in Washington, D.C., [F.R. Doc. 69-93; Filed, Jan. 3, 1969; on the 30th day of December 1968. [Docket No. 19505] 8:50 a.m.] On October 25, 1968, Mohawk Air­ lines, Inc. (Mohawk), filed an applica­ SKY COURIER, INC., ET AL. [Docket No. 20492] tion pursuant to Subpart M of Part 302 Notice of Prehearing Conference Re­ EXECAIRE AVIATION LTD. of the Board’s procedural regulations garding Approval of Control and requesting an amendment of its certifi­ Interlocking Relationships Notice of Hearing cate of public convenience and necessity Notice is hereby given that a prehear­ Notice is hereby given pursuant to the for Route 94 to permit nonstop service ing conference in the above-entitled between Boston and Buffalo/Niagara Federal Aviation Act of 1958, as amend­ 1 The on-segment* portions of this appli­ ed, that a hearing in the above-entitled Falls, nonstop service between Buffalo/ cation, Boston-Buffalo/Niagara Falls non­ proceeding is assigned to be held on Jan­ Niagara Falls and Cleveland, and one- stop service and Boston-Cleveland one-stop stop service between Boston and Cleve­ service, were stayed pending further order uary 10, 1969, at 10 a.m., e.s.t., in Room of the Board to permit simultaneous consid­ 805, Universal Building, Connecticut and land, all without subsidy eligibility. Mo­ eration of both the on-segment and off-seg­ Florida Avenues NW., Washington, D.C., hawk is authorized to serve Boston on ment portions of this application. Order before the undersigned examiner. segments 3, 4, 5, and 7, Buffalo/Niagara 68-11-12, Nov. 4, 1968. FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 176 NOTICES matter is assigned to be held on Janu­ Gulf-Red Sea and Gulf of Aden Rate and mislead the consuming public as to ary 17, 1969, at 10 a.m., ejs.t., in Room Agreement, modifies the basic agreement the condition of the merchandise pur­ 630, Universal Building, 1825 Connecti­ by amending Article 1 thereof to permit chased. It is extremely difficult for the cut Avenue NW., Washington, D.C., be­ the members to extend their present public to be aware that it is purchasing fore Examiner Edward T. Stodola. service in the Red Sea and Gulf of Aden anything but a new product, since the Dated at Washington, D.C., Decem­ trades to include all ports in the Gulf of merchandise, especially after refurbish­ ber 31, 1968. Suez and the Red Sea. ment, has all the surface appearances Dated: December 27, 1968. of new, unused merchandise. [seal] Thomas L. W renn, i Failure to disclose material facts rele­ Chief Examiner. By order of the Federal Maritime vant to a purchaser’s decision to buy or [F.R. Doc. 69-96; Filed, Jan. 3, 1969; Commission. not to buy has been held to constitute an 8:50 a.m.] Thomas Lisi, unfair and deceptive practice.1 Secretary. The Commission has recognized the [F.R. Doc. 69—48; Filed, Jan. 3, 1969; mischief inherent in the resale of mer­ [Docket No. 20541] 8:46 a.m.] chandise as new after it has been placed TRANSPORTES AEREOS DE CARGA, in the possession and use of customers, S.A. (TRANSCARGA) without disclosing such prior use on resale.2 Notice of Prehearing Conference FEDERAL TRADE COMMISSION In addition, the Commission under its Notice is hereby given that a prehear­ guidance procedures has focused atten­ MERCHANDISE WHICH HAS BEEN tion on the problem of marketing used ing, conference on the above-entitled ap­ SUBJECTED TO PREVIOUS USE ON plication is assigned to be held on Janu­ merchandise without appropriate dis­ ary 14, 1969, at 10 a.m., e.s.t., in Room TRIAL BASIS AND SUBSEQUENTLY closure of such fact through the pro­ 630, Universal Building, 1825 Connect­ RESOLD AS NEW mulgation of trade practice rules for several industries. Guidelines were estab­ icut Avenue NW., Washington, D.C., Enforcement Policy before Examiner John E. Paulk. lished which provide for disclosure of the The Commission is concerned with an fact that products have been previously Dated at Washington, D.C., Decem­ apparently prevalent practice of mar­ used. ber 31, 1968. keters of a variety of products who offer Furthermore, the essential inequity of [seal] Thomas L. Wrenn, for resale merchandise which has been this practice become evident when Chief Examiner. used by prospective purchasers on a trial manufacturers of competing product lines who clearly disclose that mer­ [F.R. Doc. 69-97; Filed, Jan. 3, 1969; basis and which upon return of the mer­ 8:50 a.m.] chandise is replaced in inventory for chandise has been previously used, or do resale as new. Such merchandise, which not offer such merchandise for sale as may have been refurbished, is offered for new, are placed in a disadvantageous sale without any disclosure of previous competitive posture. FEDERAL MARITIME COMMISSION use. Enforcement P olicy and Implementa­ The practice is particularly prevalent tion P rocedure U.S. ATLANTIC AND GULF-RED SEA where sellers of a product utilize mail AND GULF OF ADEN RATE AGREE­ order solicitations, usually through mail The Commission wishes to make clear MENT order firms or large and nationally its future enforcement policy with re­ known credit card organizations. spect to disclosure by marketers of mer­ Notice of Agreement Filed for The range of products offered to the chandise that has been the subject of Approval public is wide, including such items as previous use by virtue of trial offers to household furniture, typewriters, calcu­ prospective customers. Notice is hereby given that the follow­ lators, pool tables, power tools, hand First, the Commission has consistently ing agreement has been filed with the tools, tape recorders, ballpoint pens, held that the consuming public has a Commission for approval pursuant to cameras, label marking kits, phonograph preference for new or unused products section 15 of the Shipping Act, 1916, as records, and portable radios. as compared to those which have been amended (39 Stat. 733, 75 Stat. 763, 46 previously used. The Commission there­ U.S.C. 814). Common to many of the solicitations Interested parties may inspect and ob­ is an offer to the prospective buyer to fore feels that knowledge on the part of tain a copy of the agreement at the furnish for a specified time, frequently a purchaser of the fact that merchandise at no charge, the item of merchandise being offered for sale has been previously Washington office of the Federal Mari­ for inspection and use during the trial time Commission, 1405 I Street NW., period. If the customer chooses not to subjected to trial use is relevant to a Room 1202; or may inspect agreements purchase, he is permitted to return the customer’s decision as to whether or not at the offices of the District Managers, item, usually to the manufacturer, at no to purchase the product. New York, N.Y., New Orleans, La., and charge. It is a common practice in such San Francisco, Calif. Comments with ref­ solicitations for the marketers of the 1 Royal Oil Corporation v. F.T.C., 262 F. erence to an agreement including a re­ merchandise returned after trial use to 2d 741 (4th Cir. 1959) VIS & D 477; Mohawk quest for hearing, if desired, may be sub­ Refining Corporation v. F.T.C., 263 F. 2d mitted to the Secretary, Federal Mari­ “refurbish” such product and replace it 818 (3d Cir. 1959) cert. den. 361 U.S. 814, time Commission, Washington, D.C. in the firm’s inventory for resale as new. VI S & D 522; Kerran v. F.T.C., 265 F. 2d The term “refurbish” appears to be a 246 (10th Cir. 1959) cert. den. 361 U.S. 818, 20573, within 10 days after publication common characterization by marketers of this notice in the F ederal R egister. VIS & D 533. A copy of any such statement should also of the operation performed upon re­ 2 The repossession of sewing machines and turned merchandise.' It could simply the representation on resale that such re­ be forwarded to the party filing the mean that the merchandise is inspected possessed machines were new or demon­ agreement (as indicated hereinafter) and if no damage or noticeable wear is strators or floor samples was the subject of and the comments should indicate that evident in the working parts, or no blem­ a consent order prohibiting such practice. this has been done. Docket 6685, Singer Manufacturing Company, ishes or scratches appear on the surface 53 FTC 967. Similarly, consent orders were Notice of agreement filed for approval of the item it is returned to inventory for obtained which inhibited the failure to dis­ by: resale. The term may also incorporate a close that vacuum cleaners sold as new were Mr. William L. Hamm, Secretary, U.S. At­ process of cleaning, or other operations previously rented, were exchanged items or lantic and Gulf-Red Sea and Gulf of Aden which create a like new appearance, prior were repossessed, Docket 7259, James Bugg Rate Agreement, 25 Broadway, New York, to replacement in inventory. Trading As Kirby Center of Washington, 55 N.Y. 10004. FTC 1094; or that electric shavers sold as Such failure to disclose the prior use new were composed in whole or in part of pre­ Agreement No. 8630-4, among the of merchandise enables marketers, in­ viously used materials, Docket 6543, Shick, member lines of the U.S. Atlantic and cluding mail order retailers, to deceive- Inc., 54 FTC 114.

FEDERAL REGISTER, VO L 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 177

The fact that returned merchandise is not to merchandise that has merely been No. MC-FC-70945. By order of Decem­ refurbished to a “good as new” condition inspected but not used. ber 16, 1968. The Transfer Board ap­ does not warrant a failure to disclose Issued: December 31,1968. proved the transfer to Marshall A. prior use. Substitution of a used product Cobum, doing business as Cobum Mov­ for a new one without disclosing such By direction of the Commission. ing & Storage, 115 Northview Street, Nar­ fact is unlawful even though a qualitative [seal] J oseph W. Shea, rows, Va., of the operating rights in cer­ equivalence is shown.® Secretary. tificate No. MC-37828 issued Septem­ ber 25,1961, to A. W. Cobum, doing busi­ Second, merchandise which has been [F.R. Doc. 69-62; Piled, Jan. 3, 1969; previously used on a trial basis and then 8:47 a.m.] ness as Cobum Transfer & Storage, 115 returned should not be offered for resale Northview Street, Narrows, Va., author­ by marketers, including importers, dis­ izing the transportation of: Scrap iron, tributors, or retailers, or their agents, coal, household goods, building materials without clear and conspicuous disclosure INTERSTATE COMMERCE and lumber, farm produce and live­ of such fact in all the marketers’ adver­ stock, between points in Virginia and tising, sales promotional literature and COMMISSION West Virginia. invoices concerning the product, on the No. MC-FC-70948. By order of Decem­ container in which the products are [Notice 268] ber 16,1968, the Transfer Board approved packed and, if the product has been re­ MOTOR CARRIER TRANSFER the transfer to Miracle Transportation furbished or otherwise has the appear­ PROCEEDINGS Com., Jersey City, N.J., of permits Nos. ance of being new, on the product with MC-128044 (Sub-No. 1) and MC-128044 sufficient permanency as likely to remain D ecember 30, 1968. (Sub-No. 2) issued January 11, 1967, and thereon until sale to the ultimate Synopses of orders entered pursuant March 25, 1968, to H. J. Tensen, doing consumer. to section 212(b) of the Interstate Com­ business as Par Troy Transportation, Further, it is suggested that marketers merce Act, and rules and regulations Parsippany Troy Hills, N.J., authorizing maintain adequate inventory control prescribed thereunder (49 CFR Part the transportation of aquariums, un­ records that reflect the disposition of 1132), appear below: coated, and aquarium parts, accessories, returned merchandise. Maintenance of As provided in the Commission’s and supplies from Pine Brook, N.J., to inventory control records will enable special rules of practice any interested points in North Carolina, Tennessee, them to demonstrate that returned mer­ person may file a petition seeking re­ Georgia, Alabama, Florida, Louisiana, chandise was not replaced in inventory consideration of the following numbered Arkansas, Illinois, Indiana, Iowa, Kan­ and resold without disclosing the fact proceedings within 20 days from the date sas, Michigan, Missouri, Nebraska, Min­ of its previous use to purchasers. of publication of this notice. Pursuant nesota, Oklahoma, Ohio, Pennsylvania, Mail order houses and credit card or­ to section 17(8) of the Interstate Com­ Wisconsin, and a specified portion of ganizations promoting the sale of mer­ merce Act, the filing of such a petition Texas. B. Brace Freitag, 245 Comelison chandise, through their extensive mail will postpone the effective date of the Avenue, Jersey City, N.J. 07302; attorney advertising capabilities, share responsi­ order in that proceeding pending its for transferee. Charles J. Williams, 47 bility for any deceptive advertising dis­ disposition. The matters relied upon by Lincoln Park, Newark, N.J. 07102; attor­ seminated by them when the deceptive petitioners must be specified in their ney for transferor. nature of the advertising is known or petitions with particularity. No. MC-FC-70966. By order of Decem­ should have been known to them. This No. MC-FC-70895. By order of Decem­ ber 16,1968, the Transfer Board approved is especially trite where they par­ ber 11, 1968, the Transfer Board ap­ the transfer to Buck’s Express Service, proved the transfer to Arthur S. Nelson, Inc., a Michigan Corporation, Detroit, ticipate in the preparation of deceptive doing business as Nelson Brothers Trans­ Mich., of certificate No. MC-120527 (Sub- advertising.4 fer, Geneva, 111.; of certificate in No. No. 3), issued June 4, 1964, to Rudolph The Commission intends to examine MC-20750, issued July 23,1941, to Walter Sztanyo and Charles A. Vecellio, a part­ all complaints brought to its attention F. Nelson, doing business as Nelson nership, doing business as Buck’s Express involving the marketing of merchandise Brothers Transfer, Geneva, HI.; au­ Service, Detroit, Mich., authorizing the which has been previously used on a trial thorizing the transportation of: General transportation of: General commodities, commodities, with the usual exceptions, with usual exceptions, between Willow basis without clear and conspicuous dis­ over a regular route, between Chicago, Run Airport, Ypsilanti, Mich., Wayne closure of such fact, in the light of the 111. and Geneva, 111. Joseph Radovich, Major Airport, Romulus, Mich., and De­ principles set forth above. 312 West State Street, Geneva, 111. 60l34; troit City Airport, Detroit, Mich., on the The Commission wishes to make clear, attorney for applicants. one hand, and, on the other, points in however, that this policy applies only to No. MC-FC-70909. By order of Decem­ Macomb, St. Clair, and Sanilac Counties, merchandise that has been used, and ber 12,1968, the Transfer Board approved Mich. Mr. Frank J. Kerwin, Jr., Eames, the transfer to William R. Kemerling and Petrillo, Wilcox, and Nelson, 900 Guard­ ian Building, Detroit, Mich. 48266; at­ 3 “* * * the public is entitled to buy what George H. Kemerling, doing business as it chooses. A manufacturer may not sur­ Kemerling Brothers, Post Office Box 364, torney for applicants. reptitiously substitute his judgment for that Gillette, Wyo., of the certificate of regis­ [seal] H. N eil Garson, of the purchaser as to the article to be pur­ tration No. MC-114083 (Sub-No. 1) issued Secretary. chased, even if the manufacturer’s judgment July 9, 1965, to Hugh Grant, doing busi­ is equal or even superior to that of the ness as Hugh Grant Hauling, Post Office [P.R. Doc. 69-52; Piled, Jan. 3, 1969; dealer or the customer. If this were not so, Box 550, Mills, Wyo., evidencing a right 8:47 a.m.] the substituted judgment of the manu­ facturer would always prevail over the will to engage in transportation in interstate of the dealer or customer and the provision or foreign commerce solely within the [S.O. 1002; Car Distribution Direction 25, of the statute prohibiting unfair and decep­ State of Wyoming, authorizing the trans­ Arndt. 2] tive practices would be emasculated.” Mo­ portation of light oil field equipment and ATCHISON, TOPEKA AND SANTA FE hawk ^Refining Corporation v. P.T.C., supra supplies,' between points and places note 1, at 821. within the counties of Fremont, Hot RAILWAY CO. ET AL. 4 Doherty, Clifford, Steers & Shenfleld, Inc. Springs, Washakie, Johnson, Natrona, Car Distribution v. F.T.C,, 392 P. 2d 921 (6th Cir. 1968), CCH and Converse, Wyo., and from and to Vol. 5, Par. 72, 397; Carter Products, Inc. v. Upon further consideration of Car Dis­ P.T.C., 323 P. 2d 523 (5th Cir. 1963), VII S & D ¿Joints and places within said counties to tribution Direction No. 25 (The Atchison, 794. See also Colgate-Palmolive Company v. and from points and places in the State P.T.C., 326 P. 2d 517 (1st Cir. 1963), VII S & D Topeka and Santa Fe Railway Co.; Chi­ 824, rev’d. on other grounds, 380 U.S. 374, VII of Wyoming, all shipments either to cago, Burlington & Quincy Railroad Co.; S & D 1152; Joseph Winkler & Co., 46 F.T.C. originate or terminate within said Northern Pacific Railway Co.) and good 107. counties. cause appearing therefor:

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 178 NOTICES

It is ordered, That: Quincy Railroad Co.; Northern Pacific with Rule 1100.40 of the general rules of Car Distribution Direction No. 25 be, Railway Co.) and good cause appearing practice (49 CFR 1100.40) and filed and it is hereby amended by substituting therefor: within 15 days from the date of publica­ the following paragraph (4) for para­ It is ordered, That: tion of this notice in the F ederal graph (4) thereof: Car Distribution Direction No. 24 be, R egister. (4) Expiration date. This directionand it is hereby amended by substituting shall expire at 11:59 p.m., January 12, the following paragraph (4) for para­ Long-and-S hort Haul 1969, unless otherwise modified, changed, graph (4) thereof: FSA No. 41531—Cotton, cotton linters or suspended. (4) Expiration date. This directionand related articles from Flour Bluff, It is further ordered, That this amend­ shall expire at 11:59 p.m., Januray 12, Tex. Filed by Southwestern Freight Bu­ ment shall become effective at 11:59 p.m., 1969, unless otherwise modified, changed, reau, agent (No. B-9126), for interested December 29, 1968, and that it shall be or suspended. rail carriers. Rates on cotton, cotton served upon the Association of American It is further ordered, That this amend­ linters and cottonseed hull fiber or shav­ Railroads, Car Service Division, as agent ment shall become effective at 11:59 ings, in carloads, as described in the of all railroads subscribing to the car p.m., December 29, 1968, and that it shall application, from Flour Bluff, Tex., to service and per diem agreement under he served upon the Association of Amer­ points in Official (including Illinois), -the terms of that agreement; and that it ican Railroads, Car Service Division, as southern, southwestern, western trunk be filed with the Director, Office of the agent of all railroads subscribing to the line territories and Canada. Federal Register. car service and per diem agreement un­ Grounds for relief—Market competi­ Issued at Washington, D.G, Decem­ der the terms of that agreement; and tion. ber 27,1968. that it be filed with the Director, Office Tariff—Supplement 111 to Southwest­ of the Federal Register. ern Freight Bureau, agent, tariff ICC I nterstate Commerce 4576. Commission, Issued at Washington, D.C., Decem­ FSA No. 41532—Iron or steel articles [seal] R‘. D. P fahler, ber 27, 1968. Agent. to Fern, Tex. Filed by Southwestern Interstate Commerce Freight Bureau, agent (No. B-9137), for [F.R. Doc. 69-53; Filed, Jan. 3, 1969; Commission, interested rail carriers. Rates on iron or 8:47 a.m.j [seal] R. D. P fahler, steel articles, in carloads as described in Agent. the application, from specified points in [S.O. 1002; Oar Distribution Direction 20, [F.R. Doc. 69-55; Filed, Jan. 3, 1969; Official (including Illinois), southern, Amdt. 2] 8:47 a.m.] southwestern, and western trunk line territories to Fern, Tex. LEHIGH VALLEY RAILROAD CO. ET AL. [S.O. 1002; Car Distribution Direction No. Grounds for relief—Market competi­ Car Distribution 23; Amdt. 2] tion. ' . Tariff—Supplement 91 to Southwest­ Upon further consideration of Car READING CO. ET AL. ern Freight Bureau, agent, tariff ICC Distribution Direction No. 20 (Lehigh 4753. Valley Railroad Co.; The Chesapeake Car Distribution and Ohio Railway Co.; Chicago and Upon further consideration of Car By the Commission. North Western Railway Co.; Great Northern Railway Co.) and good cause Distribution Direction No. 23 (Reading [seal] H. N eil Garson, appearing therefor: Co.; Western Maryland Railway Co.; Secretary. It is ordered, That : Norfolk and Western Railway Co.; Chi­ [F.R. Doc. 69-89; Filed, Jan. 3, 1969; Car Distribution Direction No. 20 be, cago, Rock Island and Pacific Railroad 8:49 a.m.] and it is hereby amended by substituting Co.; Great Northern Railway Co.) and the following paragraph (4) for para­ good cause appearing therefor: graph (4) thereof: It is ordered, That: FOURTH SECTION APPLICATIONS Car Distribution Direction No. 23 be, FOR RELIEF (4) Expiration date. This directionand it is hereby amended by substituting shall expire at 11:59 p.m., January 12, the following paragraph (4) for para­ D ecember 30, 1968. 1969, unless otherwise modified, changed, graph (4) thereof: Protests to the granting of an appli­ or suspended. (4) Expiration date. This directioncation must be prepared in accordance It is further ordered, That this amend­ shall expire at 11:59 p.m., January 12, with Rule 1100.40 of the general rules of ment shall become effective at 11:59 p.m., 1969, unless otherwise modified, changed, practice (49 CFR 1100.40) and filed December 29, 1968, and that it shall be or suspended. within 15 days from the date of publica­ served upon the Association of American It is further ordered, That this amend­ tion of this notice in the F ederal Railroads, Car Service Division, as ment shall become effective at 11:59 R egister. agent of all railroads subscribing to the p.m., December 29, 1968, and that it car service and per diem agreement un­ shall be served upon the Association of Long-and-S hort Haul der the terms of that agreement; and American Railroads, Car Service Divi­ FSA No. 41528—Anhydrous ammonia that it be filed with the Director, Office sion, as agent of all railroads subscribing from, to and "between western points. of the Federal Register. to the car service and per diem agree­ Filed by Western Trunk Line Committee, agent (No. A-2575), for interested rail Issued at Washington, D.C., Decem­ ment under the terms of that agree­ ment; and that it be filed with the carriers. Rates on anhydrous ammonia, ber 27, 1968. in tank carloads, as described in the ap­ I nterstate Commerce Director, Office of the Federal Register. plication, from, to and between points Commission, Issued at Washington, D.C., Decem­ in western trunk line, and southwestern [seal] R. D. P fahler, ber 27, 1968. territories. Agent. I nterstate Commerce Grounds for relief—Market competi­ [F.R. Doc. 69-54; Filed, Jan. 3, 1969; Commission, tion; modified short line distance 8:47 a.m.j [seal] R. D. P fahler, formula and grouping. Agent. Tariffs—Supplement 264 to Western [S.O. 1002; Car Distribution Direction 24; [F.R. Doc. 69-56; Filed, Jan. 3, 1969; Trunk Line Committee, agent, ICC A- Amdt. 2] 8:47 a.m.] 4411, and five other schedules named in the application. PENN CENTRAL CO. ET AL. FOURTH SECTION APPLICATIONS FSA No. 41529—Ammonium nitrate between points in western trunk line ter­ Car Distribution FOR RELIEF ritory. Filed by Western Trunk Line Upon further consideration of Car D ecember 31, 1968. Committee, agent (No. A-2574), for in­ Distribution Direction No. 24 (Penn Protests to the granting of an appli­ terested rail carriers. Rates on ammo­ Central Co.,* Chicago, Burlington & cation must be prepared in accordance nium nitrate, in carloads, as described in FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 179 the application, between points in west­ ginla, District of Columbia, New Hamp­ No. MC 66562 (Sub-No. 2324 TA), filed ern trunk line territory. shire and Vermont, for 150 days. Sup­ December 23,1968. Applicant: RAILWAY Grounds for relief—Market competi­ porting shipper: Headquarters, Depart­ EXPRESS AGENCY, INCORPORATED, tion, modified short line distance ment of The Army, Office of The Judge 219 East 42d Street, New York, N.Y. formula and grouping. Advocate General, Washington, D.C. Applicant’s representative: John H. Tariff—Supplement 62 to Western 20310. Send protests to: Robert S. H. Engle, 2413 Broadway, Kansas Cjty, Mo. Trunk Line Committee, agent, tariff Vance, District Supervisor, Bureau of Authority sought to operate as a common ICC A-4656. Operations, Interstate Commerce Com­ carrier, by motor vehicle, over regular PSA No. 41530—Class and commodity mission, 970 Broad Street, Newark, N.J. routes, transporting: General commod­ rates from and to Port Everglades, Fla., 07102. ities moving in express service, in in­ Kemco, N.C., and North Wateree, S.C. No. MC 59609 (Sub-No. 9 TA), filed terstate or foreign commerce, over reg­ Piled by O. W. South, Jr., agent (No. December 20, 1968. Applicant: HARRY ular routes and serving specified points A6074), for interested rail carriers. CROW & SON, INC., 1808 52d Street, as follows: Between St. Louis, Mo., and Rates on property moving on class and Kenosha, Wis. 53140. Applicant’s repre­ Nashville, Term., serving the inter­ commodity rates between Fort Ever­ sentative: Gordon Crow (same address mediate and/or off-route point of Clarks­ glades, Fla., Kemco, N.C., and North as above). Authority sought to operate as ville, Tenn.; from St. Louis over Inter­ Wateree, S.C., on the one hand, and a common carrier, by motor vehicle, over state Highway 55 to intersection with points in the United States and Canada, irregular routes, transporting: Waste U.S. Highway 50 Bypass,. thence over on the other. and scrap materials, in bulk, between U.S. Highway 50 Bypass to intersection Grounds for relief—New stations and points in Illinois, Indiana, and Wiscon­ with Illinois Highway 3, thence over grouping. sin, for 150 days. Supporting shipper: Illinois Highway 3 to intersection with The Babcock & Wilcox Co., Tubular Illinois Highway 146, thence over Illinois By the Commission. Products Division, 3839 West Burnham Highway 146 to intersection with U.S. [seal] H. N eil Garson, Street, Milwaukee, Wis. 53215 (Charles Highway 45, thence over U.S. Highway Secretary. J. Rynski, Traffic Manager). Send pro­ 45 to intersection with U.S. Highway 68, [F.R. Doc. 69-90; Filed, Jan. 3, 1969; tests to: District Supervisor Lyle D. thence over U.S. Highway 68 to intersec­ 8:49 a.m.j Heifer, Interstate Commerce Commis­ tion with U.S. Alternate Highway 41, sion, Bureau of Operations, 135 West thence over U.S. Alternate Highway 41 to Wells Street, Room 807, Milwaukee, Wis. Nashville, Tenn., and return over the [Notice 755] 53203. same route. Restrictions: The service to MOTOR CARRIER TEMPORARY No. MC 66562 (Sub-No. 2323 TA), filed be performed shall be limited to that AUTHORITY APPLICATIONS December 23, 1968. Applicant: RAIL­ which is auxiliary to or supplemental of WAY EXPRESS AGENCY, INCORPO­ express service of the Railway Express D ecember 31,1968. RATED, 219 East 42d Street, New York, Agency, Inc. Shipments transported shall The following are notices of filing of N.Y. Applicant’s representative: John H. be limited to those moving on through applications for temporary authority un­ Engel, 2413 Broadway, Kansas City, Mo. bills of lading or express receipts. Permis­ der section 210a(a) of the Interstate 64108. Authority sought to operate as a sion to tack requested: Applicant re­ Commerce Act provided for under the common carrier, by motor vehicle, over quests that the authority for the proposed new rules of Ex Parte No. MC-67 (49 regular routes, transporting: General operations, if granted, be construed as an CFR Part 340), published in the F ed­ commodities moving in express service, extension, to be joined, tacked, and eral R egister, issue of April 27, 1965, ef­ in interstate or foreign commerce, over combined with R E A’s existing authority fective July 1, 1965. These rules provide regular routes and serving specified in MC 66562 and subs thereunder, thereby that protests to the granting of an appli­ points as follows: Between Forest, Miss., negating the restrictions against tacking cation must be filed with the field official and Canton, Miss., serving the inter­ or joinder customarily placed upon tem­ named in the F ederal R egister publica­ mediate point of Carthage, Miss.; from porary authority, for 150 days. Support­ tion, within 15 calendar days after the Forest, over Mississippi Highway 35 to ing Shippers: Ale Beadees, Traffic date of notice of the filing of the appli­ intersection with Mississippi Highway 16, Manager, Cane Sloare Co., Nashville cation is published in the F ederal R eg­ thence over Mississippi Highway 16 to Tenn.; Frank Lusky, Vice President, ister. One copy of such protest must be intersection with Interstate Highway 55, Francis Lusky Co., Nashville, Tenn.; served on the applicant, or its authorized thence over Interstate Highway 55 to Ernestine N. Kersey, Traffic Manager, representative, if any, and the protests Canton, and return over the same route. Baird Ward Printing Co., Nashville, must certify that such service has been Restrictions: The service to be performed Tenn., and Charles B. Shanks, Distri­ made. The protests must be specific as shall be limited to that which is auxiliary bution Manager, Acme Boot Co., Clarks­ to the service which such protestant can to or supplemental of express service of ville, Tenn. Send protests to: District and will offer, and must consist of a the Railway Express Agency, Inc. Ship­ Supervisor Anthony Chiusano, Inter­ signed original and six copies. ments transported shall be limited to state Commerce Commission, Bureau of A copy of the ápplication is on file, those moving on through bills of lading Operations, 26 Federal Plaza, New York, and can be examined at the Office of the or express receipts. Permission to tack N.Y. 10007. Secretary, Interstate Commerce Com­ requested: Applicant requests that the No. MC 103993 (Sub-No. 366 TA), filed mission, Washington, D.C., and also in authority for the proposed operations, if December 26, 1968. Applicant: MORGAN the field office to which protests are to be granted, be construed as an extension, DRIVE AWAY, INC., 2800 West Lexing­ transmitted. to be joined, tacked, and combined with ton Avenue, Elkhart, Ind. 46514. Appli­ REA’s existing authority in MC 66562 cant's representative: Bill R. Privitt Motor Carriers of P roperty and subs thereunder, thereby negating (same address as above). Authority No. MC 59264 (Sub-No. 45 TA), filed the restrictions against tacking or joinder sought to operate as a common carrier, December 26, 1968. Applicant: SMITH & customarily placed upon temporary au­ by motor vehicle, over irregular routes, SOLOMON TRUCKING COMPANY, a thority, for 180 days. Supporting ship­ transporting: Trailers designed to be corporation, How Lane, New Brunswick, pers: There are approximately 11 state­ drawn by passenger automobiles, from N.J. 08903. Applicant’s representative: ments of support attached to the applica­ points in Franklin County, Va., to points H. Burstein, 160 Broadway, New York, tion, which may be examined here at the in North Carolina, Tennessee, Virginia, N.Y. 10038. Authority sought to operate Interstate Commerce Commission in and West Virginia, for 180 days. Sup­ as a common carrier, by motor vehicle, Washington, D.C., or copies thereof porting shipper: Fleetwood Homes of over irregular routes, transporting: which may be examined at the field office Virginia, Inc., Post Office Box 100, High­ Ordnance and quartermaster supplies named below. Send protests to: District way 40 West, R.F.D. 4, Rocky Mount, for the U.S. Government, between points Supervisor Anthony Chiusano, Inter­ Va. 24151. Send protests to: District in New York, New Jersey, Connecticut, state Commerce Commission, Bureau of Supervisor J. H. Gray, Interstate Com­ Massachusetts, Rhode Island, Maine, Operations, 26 Federal Plaza, New York, merce Commission, Room 204, 345 West Pennsylvania, Delaware, ^Maryland, Vir- N.Y. 10007. Wayne Street, Fort Wayne, Ind. 46802.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 Ï80 NOTICES No. MC 115092 (Sub-No. 7 TA), filed Authority sought to operate as a contract fax, Arlington Counties, Va., and Rich­ December 23, 1968. Applicant: WEISS carrier, by motor vehicle, over irregular mond, Fredericksburg, Milford, Alexan­ TRUCKING, INC., Post Office Box O, routes, transporting: Floor mats and dria, Falls Church, and Fairfax, Va. and Vernal, Utah 84078. Applicant’s repre­ runners, from the plantsite of Roberts from Alexandria, Va., to points in sentative: William S. Richards, Walker Consolidated Industries at Industry, Frederick, Montgomery, Prince Georges, Bank Building, Salt Lake City, Utah Calif., to points in Alabama, Arizona, and Charles Counties, Md., for 180 days. 84111. Authority sought to operate as a Arkansas, Colorado, Georgia, Illinois, Supporting shippers: Dale Lumber Co., common carrier, by motor vehicle, over Indiana, Iowa, Kansas, Kentucky, Loui­ Inc., 217 Gordon Road, Falls Church, irregular routes, transporting: Crude oil, siana, Michigan, Minnesota, Mississippi, Va.; Lowe’s of Vienna, 143 Maple Avenue from points in Sweetwater and Carbon Missouri, Nebraska, New Mexico, North East, Vienna, Va.; Curtis Lumber & Ply­ Counties, Wyo.,_ to pipeline receiving Dakota, Ohio, Oklahoma, South Dakota, wood Terminal, Inc., Post Office Box station at or near Rangely, Colo., for Tennessee, Texas, Utah, and Wisconsin, 1267, Alexandria, Va.; Alger-Bloch, Inc., 180 days. Supporting shipper: Pan for 180 days. Supporting shipper: 7758 Wisconsin Avenue, Bethesda, Md. American Petroleum Corp., Security Life Roberts Consolidated Industries, Inc., Send protests to: Robert D. Caldwell, Building, Denver, Colo. 80202. Send pro­ 600 North Baldwin Park Boulevard, City District Supervisor, Interstate Commerce tests to: John T. Vaughan, District Su­ of Industry, Calif.. 91747. Send protests Commission, Bureau of Operations, 12th pervisor, Interstate Commerce Commis­ to: District Supervisor John E. Nance, and Constitution Avenue NW., Wash­ sion, Bureau of^Operations, 6201 Federal Interstate Commerce Commission, Bu­ ington, D.C. 20423. Building, Salt Lake City, Utah 84111. reau of Operations, Room 7708, Federal By the Commission. No. MC 116077 (Sub-No. 256 TA), filed Building, 300 North Los Angeles Street, December 26,1968. Applicant: ROBERT­ Los Angeles, Calif. 90012. [seal] H. Neil Garson, SON TANK LINES, INC., 5700 Polk No. MC 128733 (Sub-No. 3 TA) , filed Secretary. Avenue, Houston, Tex. 77023. Post Office December 23, 1968. Applicant: W & W [F.R. Doc. 69-91; Filed, Jan. 3, 1969; Box 1505, Houston, Tex. 77001. Appli­ FEED SERVICE, INC., Box 310, Arling­ 8:50 ajn.] cant’s representative: J. C. Browder ton, Tenn. Applicant’s representative: (same address as above). Authority John Paul Jones, 189 Jefferson Avenue, sought to operate as a common carrier, Memphis, Tenn. 38103. Authority sought [Notice 269] by motor vehicle, over irregular routes, to operate as a contract carrier, by motor MOTOR CARRIER TRANSFER transporting: Liquid sulphur, in bulk, in vehicle, over irregular routes, transport­ PROCEEDINGS tank vehicles, from Chacahoula, La., to ing: Feed and feed ingredients (except Donner, La., for 180 days. N ote: Appli­ fats and oils), from points in Shelby D ecember 31,1968. cant does not intend to tack authority County, Tenn., to points in Arkansas, Synopses of orders entered pursuant with presently authorized routes. Sup­ Mississippi, and Missouri for 120 days. to section 212(b) of the Interstate Com­ porting shipper: U.S. Oil of La., Ltd., Supporting shipper: The Quaker Oats merce Act, and rules and regulations pre­ Post Office Box 430, Thibodaux, La. Co., Merchandise Mart Plaza, Chicago, scribed thereunder (49 CFR Part 1132), 70301. Send protests to: District Super­ 111. (Mr. N. J. Meinhardt, Distribution appear below: visor John C. Redus, Bureau of Opera­ Department). Send protests to: Floyd A. As provided in the Commission’s spe­ tions, Interstate Commerce Commission, Johnson, District Supervisor, Interstate cial rules of practice any interested per­ Post Office Box 61212, Houston, Tex. Commerce Commission, Bureau of Oper­ son may file a petition seeking reconsid­ 77061. ations, Room 390, Federal Office Build­ eration of the following numbered pro­ No. MC 123922 (Sub-No. 16 TA), filed ing, 167 North Main, Memphis, Tenn. ceedings within 20 days from the date of -December 23, 1968. Applicant: CHAR­ 38103. publication of this notice. Pursuant to TER BULK SERVICE, INC., 80 Doremus No. MC 129264 (Sub-No. 7 TA), filed section 17(8) of the Interstate Com­ Avenue, Newark, N.J. 07105. Applicant’s December 26,1968. Applicant: CHARLES merce Act, the filing of such a petition representative: John T. Hildemann E. WOLFE, doing business as EVER­ will postpone the effective date of the (same address as above). Authority GREEN EXPRESS, 410 North 10th order in that proceeding pending its dis­ sought to operate as a common carrier, Street, Billings, Mont. 59101. Applicant’s position. The matters relied upon by pe­ by motor vehicle, over irregular routes, representative: J. F. Meglen, Post Office titioners must be specified in their peti­ transporting: Chemicals, in bulk, be­ Box 1581, Billings, Mont. 59103. Author­ tions with particularity. tween Bayonne, Carteret, Kearny, Lodi, ity sought to operate as a contract car­ No. MC-FC-70787. By order of De­ and Newark, N.J.; Brooklyn, N.Y.; and rier by motor vehicle, over irregular cember 11, 1968, the Transfer Board, on Philadelphia, Pa., on the one hand, and routes, transporting: Tires, tubes, and reconsideration, approved the transfer on the other, those points in Pennsyl­ rubber products, from Dayton, Ohio, to to Webb Trucking, Inc., Marlow Heights, vania, Ohio, Maryland, and West Vir­ Billings, Rudyard, Great Falls, Darby, Md., of the operating rights in certifi­ ginia which are within 150 miles of Mont.; Rapid City, S. Dak.;'and Spokane, cates Nos. MC-7550, MC-7550 (Sub-No. Monongahela, Pa.; Femdale, Trenton, Wash., and rejected shipments on return 8), MC-7550 (Sub-No. 10), and MC-7550 Mich.; and Chicago, HI., for 180 days. movements, for the account of B.L.M. (Sub-No. 11) issued September 9, 1949, Supporting shippers: W. C. Somerville, Tire, Inc., 2307 Fourth Avenue North, June 3, 1960, May 11, 1962, and April 16, Director of Traffic, Celanese Corp., 522 Billings, Mont. 59101, for 180 days. Sup­ 1963, respectively, to William H. Webb, Fifth Avenue, New York, N.Y. 10036; porting shipper: B.L.M. Tire, Inc., 2307 Marlow Heights, Md., authorizing the Kentile Floors Inc., 58 Second Avenue, Fourth Avenue North, Billings, Mont. transportation of building materials, Brooklyn, N.Y.; George J. Vandenberg, 59101. Send protests to: Paul J. Labane, gypsum products, gypsum filler, gypsum Traffic Manager, The Dow Chemical Co., District Supervisor, Interstate Commerce ground, land plaster, plaster retarder, 2030 Abbott Road Center, Midland, Commission, Bureau of Operations, 251 plaster or stucco accelerator, lime, plas­ Mich. 48640; Monsanto Co., 800 North U.S. Post Office Building, Billings, Mont. ter, blocks, planks, slabs, or tile, plaster­ Lindbergh Boulevard, St. Louis, Mo. 59101. ing compound, crushed limestone, lime­ 63166. Send protests to: Robert S. H. No. MC 133357 TA, filed December 23, stone dust in dump vehicles, slag in dump Vance, District Supervisor, Bureau of 1968. Applicant: THOMAS VINCENT vehicles, and brick, except refractory and Operations, Interstate Commerce Com­ MILLER, doing business as T. V. MIL­ fire brick, from and to, or between, points mission, 970 Broad Street, Newark, N.J. LER TRANSPORT, 9024 Old Branch as specified in Maryland, New York, 07102. Avenue, Clinton, Md. 20735. Applicant’s Pennsylvania, Virginia, and the District No. MC 124796 (Sub-No. 43 TA), representative: John Guandolo, 1000 of Columbia. Becker & Silberberg, 1001 filed December 23, 1968. Applicant: 16th Street NW„ Washington, D.C. Pennsylvania Building, Washington, D.C. CONTINENTAL CONTRACT CARRIER 20036. Authority sought to operate as a 20004, attorneys for applicants. CORP., 15045 East Salt Lake Avenue, common carrier, by motor vehicle, over No. MC-FC-70970. By order of Decem­ Post Office Box 1257, City of Industry, irregular routes, transporting: Lumber, ber 12, 1968, the Transfer Board ap­ Calif. 91747. Applicant’s representative: plywood, and wallboard, from Baltimore, proved the transfer to Southern Alaska J. Max Harding, 605 South 14th Street, Md., to the District of Columbia and Fast Freight, Inc., Ketchikan, Alaska, of Post Office Box 2028, Lincoln, Nefor. 68501. points in Prince William, Loudoun, Fair­ the operating rights in certificate No.

FEDERAL REGISTER, VOL. 34, NO. 3— SATURDAY, JANUARY 4, 1969 NOTICES 181

MC-125712 (Sub-No. 2) issued Febru­ ginia, District of Columbia, Pennsylvania, cember 6, 1963, March 5, 1964, August 16, ary 28, 1966, to Marine Overland Refrig­ New York, Massachusetts, New Jersey, 1966, December 30, 1965, July 3, 1967, erated Express, Inc., Ketchikan, Alaska, Connecticut, and Rhode Island. M. Bruce July 3, 1967, December 22, 1966, August authorizing the transportation of (1) Morgan, 201 Azar Building, Glen Bumie, 14, 1967, February 1, 1968, March 4, general commodities, except Classes A Md. 21061, attorney for transferee. 1968, August 7, 1968, December 27, 1967, and B explosives, household goods as de­ No. MC-FC-70981. By order of Decem­ September 6, 1967, January 30, 1968, fined by the Commission, commodities ber 16, 1968, the Transfer Board ap­ November 5, 1968, October 28, 1968, and in bulk, and commodities requiring spe­ proved-the transfer to Frank Avila, Jr., October 17, 1968, respectively, to Everett cial equipment, and (2) agricultural doing business as Avila Trucking, 23072 Lowrance, New Orleans, La., authorizing commodities, as defined in section 203(b) Avenue 216, Lindsay, Calif., of the cer­ the transportation, over irregular routes, (6) of the Act when transported in the tificate in No. MC-35180, issued Octo­ of bananas, frozen potatoes and frozen same vehicle and at the same time as ber 6, 1949 and No. MC-35180 (Sub-No. potato products, frozen fruit juices and the commodities set forth in (1) above, 3), issued November 12, 1963, to Rodgers fruit concentrates, canned juice and between points in Washington (except Lee Moore, doing business as Moore’s beverages, canned citrus products, pre­ those in Mason, Kitsap, Clallam, and Transfer, Post Office Box 823, Porterville, pared foodstuffs, candy, confectionery Jefferson Counties, Wash.) on the one Calif., authorizing the transportation of products, snack foods, meats and meat hand, and, on the other, Juneau, Alaska, various specified commodities to, from, products and articles distributed by meat and points on Revillagigedo Island, and between points in the State of Cali­ packinghouses, wheat bran and wheat Alaska. George Kargianis, 609 Norton fornia. shorts, animal feed, glassware, glass con­ Building, Seattle, Wash. 98104, attorney No. MC-FC-70984. By order of De­ tainers, plastic containers, plasticware, for applicants. cember 19, 1968, the Transfer Board ap­ paper boxes and containers, waxes, No. MC-FC-70978. By order of Decem­ proved the transfer to Watsontown petrochemicals, and petroleum products ber 12, 1968, the Transfer Board ap­ Trucking Co., a corporation, Watson­ from specified points in Alabama, Iowa, proved the transfer to Fitchett Truck town, Pa., a portion of the operating Kansas, Kentucky, Louisiana, Minne­ Lines, Inc., Portland, Oreg., of the oper­ rights of certificate No. MC-108412, is­ sota, Mississippi; North Dakota, Okla­ ating rights in certificate No. MC-128625 sued March 24, 1958, to West Branch homa, and Texas to points in numerous issued April 3, 1967, to Allied Truck, Inc., Trucking Co., a corporation, Watson­ States, varying as to commodities trans­ Portland, Oreg., authorizing the trans­ town, Pa., authorizing the transporta­ ported, and frozen pies and bakery goods portation of household goods, as defined tion of: Brick, floor and structural tile, from Tulsa, Okla., to points in the United by the Commission, between points in brick chips, and brick and shale granules States except Alaska and Hawaii. David Multnomah and Clackamas Counties, from Watsontown, Pa., to points in Dela­ D. Brunson, Post Office Box 671, Okla­ Oreg., on the one hand, and, on the other, ware, New Jersey, Connecticut, Mary­ homa City, Okla. 73102, attorney for points in Multnomah and Clackamas land, Virginia, New York, and the Dis­ applicants. Counties, Oreg., and points in Klickitat, trict of Columbia. John M. Musselman, No. MC-FC-70915. By order of Decem­ Skamania, Clark, Cowlitz, Lewis, and Rhoads, Sinon & Reader, 400 North Third ber 23, 1968, the Transfer Board ap­ King Counties, Wash., and lumber mill Street, Harrisburg, Pa., attorney for ap­ proved the transfer to Edward’s Motor products, forest products, agricultural plicants. Lines, Inc., Westport, Mass., of a portion commodities, seed, and machinery, be­ No. MC-FC-70912. By order of Decem­ of the operating rights in certificate No. tween points in Multnomah and Clacka­ ber 19, 1968, the Transfer Board ap­ MC-3717, issued May 21,1952, to J. Coyle, mas Counties, Oreg., on the one hand, proved the transfer to Everett Lowrance, Inc., South Boston, Mass., authorizing and, on the other, points in Klickitat, Inc., New Orleans, La., of the operating the transportation of: General com­ Skamania, Clark, Cowlitz, Lewis, and rights in certificates Nos. MC-118159, modities, with certain exceptions King Counties, Wash. John W. Brugman, MC-118159 (Sub-No. 2), MC-118159 between Rockport, Mass., and Warren, 1004 Jackson Tower, 806 Southwest (Sub-No. 3), MC-118159 (Sub-No. 4), R.I., serving intermediate points and Broadway, Portland, Oreg. 97205, attor­ MC-118159 (Sub-No. 6), MC-118159 certain named off-route points; and, ney for applicants. (Sub-No. 8), MC-118159 (Sub-No. 11), between Boston, Mass., and points within No. MC-FC-70980. By order of Decem­ MC-118159 (Sub-No. 20), MC-118159 10 miles of Boston, between Boston, ber 16, 1968, the Transfer Board ap­ (Sub-No. 23), MC-118159 (Sub-No. 27), Mass., and points within 10 miles of Bos­ proved the transfer to E. Richard Webb, MC-118159 (Sub-No. 28), MC-118159 ton, on the one hand, and, on the other, doing business as E. R. Trucking Co. (Sub-No. 31) corrected, MC-118159 points in Massachusetts, and between Special, Milford, Del., of certificate in (Sub-No. 32), MC-118159 (Sub-No. 33), Providence, R.I., on the one hand, and, No. MC-41330, issued March 17, 1943, to MC-118159 (Sub-No. 34), MC-118159 on the other, points in a specified part Charles R. Jackson, 313 Main Street, (Sub-No. 36), MC-118159 (Sub-No. 37), of Massachusetts. Mary E. Kelley, 10 Bridgeville, Del. 19733, authorizing the MC-118159 (Sub-No. 38), MC-118159 Tremont Street, Boston, Mass. 02108, transportation of agricultural commodi­ (Sub-No. 40), MC-118159 (Sub-No. 42), attorney for applicants. ties, holly wreaths, canned goods, and MC-118159 (Sub-No. 45), and MC- other specified commodities, excluding [seal] H. N eil Garson, household goods and commodities in 118159 (Sub-No. 46) issued February 13, Secretary. bulk, from, to, or between specified points 1963, September 17, 1962, June 8, 1961, [F.R. Doc. 69-92; Filed, Jan. 3, 1969; and areas in Maryland, Delaware, Vir­ November 6, 1962, March 19, 1962, De­ 8:50 a.m.]

FEDERAL REGISTER, VO L 34( NO. 3— SATURDAY, JANUARY 4, 1969 No. 3 •10 182 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during January

5 CFR Page 14 CFR—Continued Page 39 CFR Page 550____ 123 P roposed R ules: 125. 145 39______14, 152 136. 145 7 CFR 71______15, 153-155 722______5,55 157______—______16 41 CFR 729 ______56 4-4______9, 146 730 ______124 15 CFR 4-10— 146 775______5 6______132 4-18- 146 814 ______125 9______132 7-3— 76 815 ______56 384_____ 132 7-16- 76 907______57, 127 10- 12. 9 910______6,127 19 CFR 966______I______128 980______128 18______58 42 CFR 1421______6 73______10 1427______8 20 CFR 404_____ 58 P roposed R ules: 43 CFR 26______151 24 CFR Public Land Order: 913______;____ 151 4560______76 929______13 71______133 945______152 241_____ 74 1071______78 45 CFR 1104______78 25 CFR 233. 10 1106______78 P roposed R ules: 237. 11 221______14 8 CFR 47 CFR 212____ 129 26 CFR 97______11 235____ 129 299____ 129 514_____ 135 49 CFR 12 CFR 29 CFR 371______1 1 3 -1 1 5 218_____ 57 20______143 1033______11,12 728 _ 74 P roposed R ules: 14 CFR 729 _ 75 778___ _ 375______17 39...... 8,129,130 144 71______130,131 97______- ______35 33 CFR 50 CFR 151______131 208_____ 75 33-...... 77 \

government organization kyn™ manual GOVERNMENT 1969

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative* judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. oo per copy. Paperbound, with charts Order from Superintendent of, Documents, U.S. Government Printing Office, Washington, D.C. 20402.