FEDERAL

! REGISTER VOLUME 33 • NUMBER 63 Saturday, March 30, 1968 • Washington, D.C. Pages 5193-5245

Agencies in this issue— Agricultural Research Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Defense Department Federal Aviation Administration Federal Communications Commission Federal Power Commission General Services Administration Interior Department Internal Revenue Service International Commerce Bureau Interstate Commerce Commission Maritime Administration Mines Bureau National Bureau of Standards Packers and Stockyards Administration Patent Office Securities and Exchange Commission Small Business Administration Detailed list o f Contents appears inside.

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I S 'Y ear Compilât ions of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations

The Supplements to Title 3 of the Code the President and published in the Federal of F e d e ri Regulations contain the full text Register during the period June 2, 19 38- of proclamations, Executive orders, reor­ December 31, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

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AGRICULTURAL RESEARCH CONSUMER AND MARKETING FEDERAL COMMUNICATIONS SERVICE SERVICE COMMISSION Rules and Regulations Rules and Regulations Notices Brucellosis; modified certified Hops of domestic production; Hearings, etc.: transfer of allotment bases____ 5198 Berwick Broadcasting Corp. and areas______5209 Lemons grown in California and P.A.L. Broadcasters, Inc____ 5232 Arizona; handling limitation__ 5197 Upper Peninsula Microwave, AGRICULTURE DEPARTMENT Meat inspection regulations; mis­ In c______5235 cellaneous amendments______5210 V.W.B., Inc______5236 See Agricultural Research Service; Milk handling : Commodity Credit Corporation; Certain marketing areas______5198 FEDERAL POWER COMMISSION Consumer and Marketing Serv­ Oklahoma Metropolitan and ice; Packers and Stockyards North Texas marketing areas. 5200 Notices Administration. St. Louis, Mo., marketing area_5199 Texas Eastern Transmission Corp. Wichita, Kans., marketing area. 5200 et al.; oral argument______5238 Oranges grown in Arizona and ATOMIC ENERGY COMMISSION California; handling limita­ GENERAL SERVICES Rules and Regulations tions : Navel______5197 ADMINISTRATION Miscellaneous amendments to Valencia______5197 chapter______5212 Notices Proposed Rule Making Delegations of authority; revoca­ Notices Milk in Cincinnati marketing tion ------5238 California Nuclear, Inc., and Nu­ area; recommended decision; clear Engineering Co., Inc.; correction ______5220 INTERIOR DEPARTMENT transfer of license______5231 DEFENSE DEPARTMENT See also Mines Bureau. CIVIL AERONAUTICS BOARD Rules and Regulations Notices Civilian pay allotments______5216 Statement of changes in financial Notices interests: Hearings, etc.: FEDERAL AVIATION Hugo, Robert V______5229 Aerolíneas Peruanas, S.A_____ 5232 Kline, John H______5229 ADMINISTRATION McNeer, Charles S______5229 AITS, Inc., et al______5231 Rules and Regulations Control zone; alteration (3 docu- INTERNAL REVENUE SERVICE CIVIL SERVICE COMMISSION ments)______5213, 5215 Notices Notices Control zone and transition area; alteration (3 documents)__ 5214, 5215 Offers in compromise; delegation Nurses, Pierce County, Wash.; ad­ Federal airway; alteration------5213 of authority regarding accept­ justment of minimum rates and Federal airways and reporting ance or rejection______5229 rate ranges.______5232 points : Alteration ______..._____ 5214 INTERNATIONAL COMMERCE Redesignation______5215 BUREAU COAST GUARD Jet route; alteration (2 docu­ Notices Rules and Regulations ments) ______5215 Proposed Rule Making Huth, Claus; consent order deny­ Appeals and review of examiners’ ing export privileges______5230 decisions ______5217 Control zone and transition area; alteration and designation____ 5221 Control zones and transition INTERSTATE COMMERCE COMMERCE DEPARTMENT area; a l t e r a t i o n (2 docu­ COMMISSION ments______-_____ 5220, 5221 See International Commerce Bu­ Federal airway; extension (3 Notices reau; Maritime Administration; documents)______5223, 5224 Fourth section application for National Bureau of Standards; Federal airway segment; altera­ relief------... ______5239 Patent Office. tion (2 documents)______5223, 5224 Motor carrier temporary author­ Helicopters, small; carriage of ity applications______5239 extra aviation fuel------5227 Motor carrier transfer proceed­ COMMODITY CREDIT Jet routes; designation and exten­ ings ------5241 CORPORATION sion __ ,______5227 Jet routes, reporting points, MARITIME ADMINISTRATION Rules and Regulations transition areas, and offshore Grains and similarly handled com­ controlled airspace; designation Rules and Regulations modities; farm storage reseal and alteration______5225 Merchant marines; training on Restricted areasj alteration_____ 5226 subsidized vessels...______5218 loan program______5201 Transition area : Honey; price support regulations Alteration ______5222 MINES BUREAU for 1968 and subsequent crops_ 5203 Designation ______5223 Mohair; payment and deduction Transition areas; alteration____ 5222 Proposed Rule Making rates for 1967 marketing year__ 5208 VOR Federal airway : Helium; purchase by Federal Wool; payment rates for 1967 Designation ______5225 agencies and their contractors_5219 Extension ______5224 marketing year______5208 VOR Federal airways; exten­ (Continued on next page) sion------5225 5195 5196 CONTENTS

NATIONAL BUREAU OF PATENT OFFICE SMALL BUSINESS STANDARDS Rules and Regulations ADMINISTRATION Notices Notice of appeal from Primary Notices Examiner to Board of Appeals. 5216 Radio stations; standard fre­ New Hampshire; disaster loan . area______5239 quency and time broadcasts___ 5231 SECURITIES AND EXCHANGE PACKERS AND STOCKYARDS COMMISSION TRANSPORTATION DEPARTMENT See Coast Guard; Federal Avia­ ADMINISTRATION Notices tion Administration. Notices Hearings, etc.: La Salle Street Capital Corp 5236 TREASURY DEPARTMENT Tallula Auction Co. et al.; posted Roto American Corp______5239 stockyards______!___ 5229 See Internal Revenue Service.

List of CFR Parts Affected

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

7 CFR 9 CFR 30 CFR 907 ______5197 78___ 908 ______5197 316— 5210 PR0p0SED Rules: 910______5197 317^1 5210 2------5219 991______- 5198 318— 5210 1005______5199 1033 ______5199 10 CFR 32 CFR 1034 ______5199 1______5212 89______5216 1035 ______5199 20— ______5213 1046______5199 115_____ 5213 1049______5199 37 CFR 1062______5199 14 CFR 1073______5200 3______5216 1106______5200 71 (9 documents)______!___ 5213-5215 1126______5200 75 (2 documents)______5215 1421______5201 P ro po sed R u l e s : 46 CFR 1434______5203 71 (15 documents)______5220-5225 1468______5208 73— ______5226 l ______5217 1472______5208 75 (2 documents)______5225, 5227 137_____ 5217 P r o po sed R u l e s ; 103______5227 1033______5220 310_____ 5218 5197 Rules and Regulations

(b) Order. (1) * * * (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Title 7— AGRICULTURE (ii) District 2: 275,000 cartons. 601-674) Chapter IX— Consumer and Market­ ***** Dated: March 27,1968. ing Service (Marketing Agreements (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) P a u l A . N i c h o l s o n , and Orders; Fruits, Vegetables, Deputy Director, Fruit and Nuts), Department of Agriculture Dated: March 27,1968. Vegetable Division, Consumer

[Navel Orange Beg. 153, Amdt. 1] P a u l A . N ic h o l s o n , and Marketing Service. Deputy Director, Fruit and Veg­ [F.R. Doc. 68-3859; Filed, Mar. 29, 1968; PART 907— NAVEL ORANGES etable Division, Consumer 8 :5 0 a.m .] GROWN IN ARIZONA AND DESIG­ and Marketing Service. NATED PART OF CALIFORNIA [F.R. Doc. 68-3858; Filed, Mar. 29, 1968; [Lemon Reg. 314] 8 :5 0 a m .] Limitation of Handling PART 910— LEMONS GROWN IN Findings. (1) Pursuant to the market­ CALIFORNIA AND ARIZONA ing agreement, as amended, and Order [Valencia Orange Reg. 231, Amdt. 1] No. 907, as amended (7 CFR Part 907), PART 908— VALENCIA ORANGES Limitation of Handling regulating the handling of Navel oranges GROWN IN ARIZONA AND DESIG­ § 910.514 Lemon Regulation 314. grown in Arizona and designated part of California, effective under the applicable NATED PART OF CALIFORNIA (a) Findings. (1) Pursuant to the marketing agreement, as amended, and provisions of the Agricultural Marketing Limitation of Handling Agreement Act of 1937, as amended (7 Order No. 910, as amended (7 CFR Part U.S.C. 601-674), and upon the basis of Findings. (1) Pursuant to the market­ 910), regulating the handling of lemons the recommendations and information ing agreement, as amended, and Order grown in California and Arizona, effec­ submitted by the Navel Orange Adminis­ No. 908, as amended (7 CFR Part 908), tive under the applicable provisions of trative Committee, established under the regulating the handling of Valencia the Agricultural Marketing Agreement said amended marketing agreement and oranges grown in Arizona and designated Act of 1937, as amended (7 U.S.C. 601- order, and upon other available infor­ part of California, effective under the 674), and upon the basis of the recom­ mation, it is hereby found that the applicable provisions of the Agricultural mendations and information submitted limitation of handling of such Navel Marketing Agreement Act of 1937, as by the Lemon Administrative Committee, oranges, as hereinafter provided, will amended (7 U.S.C. 601-674), and upon established under the said amended tend to effectuate the declared policy the basis of the recommendation and in­ marketing agreement and order, and of the act by tending to establish and formation submitted by the Valencia upon other available information, it is maintain such orderly marketing con­ Orange Administrative Committee, es­ hereby found that the limitation of ditions for such oranges as will provide, tablished under the said amended mar­ handling of such lemons, as hereinafter in the interest of producers and con­ keting agreement and order, and upon provided, will tend to effectuate the de­ sumers, an orderly flow of the supply other available information, it is hereby clared policy of the act. thereof to market throughout the normal found that the limitation of handling (2) It is hereby further found that it marketing season to avoid unreasonable of such Valencia oranges, as hereinafter is impracticable and contrary to the fluctuations in supplies and prices, and provided, will tend to effectuate the de­ public interest to give preliminary no­ is not for the purpose of maintaining clared policy of the act. tice, engage in public rule-making pro­ prices to farmers above the level which (2) It is hereby further found that it cedure, and postpone the effective date it is declared to be , the policy of Con­ is impracticable and contrary to the of this section until 30 days after pub­ gress to establish under the act. public interest to give preliminary lication hereof in the F ederal R e g ist e r (2) It is hereby further found that itnotice, engage in public rule-making (5 U.S.C. 553) because the time interven­ is impracticable and contrary to the procedure, and postpone the effective ing between the date when information public interest to give preliminary notice, date of this amendment until 30 days upon which this section is based became engage, in public rule-making procedure, after publication thereof in the F ederal available and the time when this section and postpone the effective date of this R e g ist e r (5 U.S.C. 553) because the time must become effective in order to effec­ amendment until 30 days after publica­ intervening between the date when in­ tuate the declared policy of the act is insufficient, and a reasonable time is per­ tion hereof in the F ederal R e g is t e r (5 formation upon which this amendment U.S.C. 553) because the time intervening is based became available and the time mitted, under the circumstances, for between the date when information upon when this amendment must become preparation for such effective time; and effective in order to effectuate the de­ good cause exists for making the pro­ which this amendment is based became visions hereof effective as hereinafter available and the time when this amend­ clared policy of the act is insufficient, and this amendment relieves restriction set forth. The committee held an open ment must become effective in order to on the handling of Valencia oranges meeting during the current week, after effectuate the declared policy of the act grown in Arizona and designated part giving due notice thereof to consider is insufficient, and this amendment re­ of California. supply and market conditions for lemons lieves restrictions on the handling of Order, as amended. The provisions in and the need for regulation; interested paragraph (b) (1) (iii) of § 908.531 persons were afforded an opportunity to Navel oranges grown in Arizona and submit information and views at this designated part of California. (Valencia Orange Reg. 231, 33 F.R. 4793) are hereby amended to read as follows: meeting; the recommendation and sup­ Order, as amended. The provisions in porting information for regulation dur­ Paragraph (b) (1) (ii) of § 907.453 (Navel § 908.531 Valencia Orange Regulation ing the period specified herein were 231. Orange Reg. 153, 33 FR. 4792) are here­ promptly submitted to the Department * * * * * after such meeting was held; the pro­ by amended to read as follows: (b) Orders. (1) * * * visions of this section, including its ef­ § 907.453 Navel Orange Regulation 153. (iii) District 3: 275,000 cartons. fective time, are identical with the afore­ ***** said recommendation of the committee,

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5198 RULES AND REGULATIONS and information concerning such pro­ forth, will tend to effectuate the declared sions of the Agricultural Marketing visions and effective time has been dis­ policy of the act. Agreement Act of 1937, as amended (7 seminated among handlers of such Therefore, § 991.146(a) of Sub­ U.S.C. 601 et seq.), and the applicable lemons; it is necessary, in order to ef­ part—Administrative Rules and Regula­ rules of practice and procedure govern­ fectuate the declared policy of the act, tions (32 F.R. 6551,13569,15705) is here­ ing the formulation of marketing agree­ to make this section effective during the by amended to read as follows: ments and marketing orders (7 CFR Part period herein specified; and compliance 900), a public hearing was held upon with this section will not require any §991.146 Transfer o f allotment bases. certain proposed amendments to the special preparation on the part of per­ (a) Whenever a producer transfers alltentative marketing agreement and to sons subject hereto which cannot be or part of his allotment base to another the order regulating the handling of completed on or before the effective date person, the annual allotment referable milk in the above designated marketing hereof. Such committee meeting was to such transferred base shall be issued area. Upon the basis of the evidence in­ held on March 26, 1968. to the transferee for the 1968-69 market­ troduced at such hearing and the (b) Order. (1) The respective quanti­ing year only if such transfer is made record thereof, it is found that: ties of lemons grown in California and prior to the issuance of an annual allot­ (1) The said order as hereby amended, Arizona which may be handled during ment to the transferor or prior to May and all of the terms and conditions the period March 31, 1968, through 1, 1968, whichever is earlier, and for the thereof, will tend to effectuate the April 6, 1968, are hereby fixed as follows; 1969-70 and subsequent marketing years, declared policy of the Act; (1) District 1: Unlimited movement; such date shall be April 1. (2) The parity prices of milk, as de­ (ii) District 2: 209,250 cartons ; * * * * * termined pursuant to section 2 of the (iii) District 3 : Unlimited movement. It is further found that it is imprac­ Act, are not reasonable in view of the (2) As used in this section, “handled,” ticable, unnecessary or contrary to public price of feeds, available supplies of feeds, “District 1,” “District 2,” “District 3,” interest to give preliminary notice and and other economic conditions which and “carton” have the same meaning as engage in the public rule making proce­ affect market supply and demand for when used in the said amended market­ dure, and that good cause exists for mak­ milk in the said marketing area, and the ing agreement and order. ing this action effective as hereinafter minimum prices specified in the order as hereby amended, are such prices as (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. specified and for not postponing the 601-674) effective time until 30 days after publi­ will reflect the aforesaid factors, insure cation in the F ederal R e g ist e r (5 U.S.C. a sufficient quantity of pure and whole­ Dated; March 29,1968. 553) in that: (1) This action will extend some milk, and be in the public interest; P a u l A . N ic h o l s o n , from prior to April 1, 1968, to prior to and Deputy Director, Fruit and May 1, 1968, when transfers of allotment (3) The said order as hereby amended, Vegetable Division, Consumer bases must be completed to receive the regulates the handling of milk in the and Marketing Service. applicable annual allotment; (2) han­ same manner as, and is applicable only [F.R. Doc. 68-3947; Filed, Mar. 29, 1968; dlers do not need any additional time to to persons in the respective classes of 1 1 :2 2 a.m .] prepare for or conduct operations under industrial or commercial activity speci­ this amendment; and (3) this action fied in, a marketing agreement upon relieves restrictions on the handling of which a hearing has been held. PART 991— HOPS OF DOMESTIC hops. (b) Additional findings. (1) It is neces­ PRODUCTION (Secs. 1-19, 48 Stat. 31, as amended; 7 sary in the public interest to make this U.S.C. 601-674) order amending the orders effective not Subpart— Administrative Rules and Dated March 27,1968, to become effec­ later than April 1, 1968. Any delay Regulations Amendment beyond that date would tend to disrupt tive upon publication in the F ederal the orderly marketing of milk in the T r a n s f e r o f A l l o t m e n t B a se s R e g is t e r . respective marketing areas. P a u l A . N ic h o l s o n , The Hop Administrative Committee (2) Beginning April 1, the uniform has unanimously recommended an Deputy Director, Fruit and Vegetable Division. prices to producers in each market will amendment of Subpart—Administrative be adjusted under the individual market Rules and Regulations. This subpart is [F.R. Doc. 68-3860; Filed, Mar. 29, 1968; 8 :5 0 a.m .] fall production incentive (“Louisville”) operative pursuant to Marketing Order plans. Producers supplying milk to each No. 991 (7 CFR Part 991), regulating the of the markets should be informed, at handling of hops of domestic production the earliest possible date, of the “take­ effective under the Agricultural Mar­ Chapter X— Consumer and Marketing Service (Marketing Agreements and out” rates herein provided so as to make keting Agreement Act of 1937, as necessary production plans for the im­ amended (7 U.S.C. 601-674). Orders; Milk) Department of Agri­ mediate future. Any delay in imple­ As provided in § 991.146(a) whenever culture menting the revised “Louisville” plans a producer transfers all or part of his HANDLING OF MILK IN CERTAIN will tend to make ineffective the coordi­ allotment base to another person, the nated application of such plans found annual allotment referable to such MARKETING AREAS necessary to insure the orderly market­ transferred base shall be issued to the Order Amending Orders ing of producer milk in each of the transferee only if such transfer is made markets. prior to issuance of an annual allotment Findings and determinations. The Moreover, the provisions of the said to the transferor or prior to April 1, for findings and determinations hereinafter order are known to handlers. The recom­ 1968-69 and subsequent years, whichever set forth are supplementary and in addi­ mended decision of the Deputy Adminis­ is earlier. However, transfers are being tion to the findings and determinations trator, Regulatory Programs, was issued delayed pending the outcome of a recent previously made in connection with the March 12, 1968, and the decision of the hop industry petition to the Department issuance of each of the aforesaid orders Assistant Secretary containing all of Labor concerning overtime wages. To and of the previously issued amendments amendment provisions of this order was permit time for a response, the Commit­ thereto; and all of said previous findings issued March 21, 1968. The changes ef­ tee has requested the transfer date be and determinations are hereby ratified fected by the order will not require extended, for this year only, from and affirmed, except insofar as such extensive preparation or substantial April 1, 1968, to May 1, 1968. findings and determinations may be in alteration in method of operation for Based on the foregoing, the recom­ conflict with the findings and determina­ handlers. mendation of the Committee, the infor­ tions set forth herein. The following findings are hereby made with respect to In view of the foregoing, it is hereby mation submitted therewith, and other found and determined that good cause . available information, it is hereby found each of the aforesaid orders. exists for making this order amending that amendment of the administrative (a) Findings upon the basis of thethe orders effective April 1,1968, and that rules and regulations, as hereinafter set hearing record. Pursuant to the provi­ it would be contrary to the public interest

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1966 RULES AND REGULATIONS 5199

to delay the effective date of this order § 1033.63 Computation of uniform paragraph (h) of this section for the for 30 days after its publication in the prices. preceding months of April through July; F ederal R e g is t e r . (Sec. 553(d), Adminis­ * * * * * * * * * * trative Procedure Act, 5 U.S.C. 551-559.) (h) Subtract for each month of April (c) Determinations. It is hereby deter­through July the amount obtained by mined that : multiplying the hundredweight of pro­ PART 1046— MILK IN LOUISVILLE- (1) The refusal or failure of handlers ducer milk included in these computa­ LEXINGTON-EVANSVILLE MARKET­ (excluding cooperative associations spec­ tions by a rate that is equal to 6 percent ING AREA ified in section 8c (9) of the Act) of more of the average basic formula price (com­ than 50 percent of the milk, which is puted to the nearest cent) for the pre­ 1. In § 1046.52, paragraph (a) is re­ marketed within the marketing area, to ceding calendar year but that is not more vised to read as follows: sign a proposed marketing agreement, than 25 cents; § 1046.52 Butterfat differentials to han­ tends to prevent the effectuation of the (i) Add for each month of September declared policy of the Act; dlers. through December, one-fourth of the ***** (2) The issuance of this order, amend­ total amount subtracted pursuant to ing the order, is the only practical means (a) Class I milk. Multiply the Chicago paragraph (h) of this section for the butter price for the preceding month by pursuant to the declared policy of the preceding months of April through July; 0.120. Act of advancing the interests of pro­ ***** ducers as defined in the order as herein ***** amended; and 2. In § 1046.71, paragraph (h) is re­ (3) The issuance of the order amend­ PART 1034— MILK IN MIAMI VALLEY, vised to read as follows: ing the order is approved or favored by OHIO, MARKETING AREA § 1046.71 Computation of weighted at least two-thirds of the producers who average and uniform prices. during the determined representative In § 1034.71, paragraphs (h) and (i) period were engaged in the production of are revised to read as follows: ***** milk for sale In the marketing area. (h) Subtract for each month of April § 1034.71 Computation of uniform through July the amount obtained by O rder R e l a t iv e t o H a n d l in g price. multiplying the hundredweight of pro­ It is therefore ordered, That on and ***** ducer milk included in these computa­ after the effective date hereof the han­ (h) Subtract for each month of April tions by a rate that is equal to 10 percent dling of milk in the respective designated through July the amount obtained by of the average basic formula price (com­ marketing areas shall be in conformity multiplying the hundredweight of pro­ puted to the nearest cent) for the pre­ to and in compliance with the terms and ducer milk included in these computa­ ceding calendar year but that is not conditions of the aforesaid orders, as tions by a rate that is equal to 6 percent more than 40 cents; amended and as hereby further amended, of the average basic formula price (com­ ***** as follows: puted to the nearest cent) for the pre­ ceding calendar year but that is not more PART 1005— MILK IN TRI-STATE than 25 cents; PART 1049— MILK IN INDIANAPO­ MARKETING AREA (i) Add for each month of September LIS, IND., MARKETING AREA In § 1005.61, paragraphs (h) and (i) through December, one-fourth of the In § 1049.71, paragraph (h) is revised are revised to read as follows: total amount subtracted pursuant to to read as follows: paragraph (h) of this section for the § 1005.61 Computation o f the uniform § 1049.71 Computation of uniform price. preceding months of April through July. ***** prices. * * * * * ***** (h) Subtract for each month of April (h) Subtract for each month of April through July the amount obtained by PART 1035—-MILK IN COLUMBUS, through July the amount obtained by multiplying the hundredweight of OHIO, MARKETING AREA multiplying the hundredweight of pro­ producer milk included in. these com­ 1. In § 1035.52, paragraph (a) is re­ ducer milk included in these computa­ putations by a rate that is equal to six vised to read as follows : percent of the average basic formula tions by a rate that is equal to 8 percent price (computed to the nearest cent) for § 1035.52 Butterfat differentials to han­ of the average basic formula price (com­ the preceding calendar year but that' is dlers. puted to the nearest cent) for the pre­ not more than 25 cents; ***** ceding calendar year but that is not more , ^ Add for each month of September (a) Class I milk. Multiply the Chicagothan 30 cents; through December, one-fourth of the butter price for the preceding month by ***** total amount subtracted pursuant to 0.120 and round to the nearest one-tenth paragraph (h) of this section for the cent. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) preceding months of April through July; ***** 2. In § 1035.61, paragraphs (h) and (i) Effective date: April 1,1968. are revised to read as follows: Signed at Washington, D.C., on PART 1033— MILK IN GREATER § 1035.61 Computation of uniform March 27,1968. CINCINNATI MARKETING AREA prices. G eorge L. M e h r e n , Assistant Secretary. 1- In § 1033.52, paragraph (a) is re­ ***** vised to read as follows: (h) Subtract for each month of April [F.R. Doc. 68-3861; Filed, Mar. 29, 1968; through July the amount obtained by 8 :5 0 a.m.] § 1033.52 Bulterfat differentials to han- (tiers. multiplying the hundredweight of pro­ ducer milk included in these computa­ [Milk Order 62] ...... tions by a rate that is equal to 6 percent (a) Class I price. Multiply the Chicagoof the average basic formula price (com­ PART 1062— MILK IN ST. LOUIS, butter price for the preceding month by puted to the nearest cent) for the pre­ MO., MARKETING AREA ceding calendar year but that is not more than 25 cents; Order Suspending Certain Provisions ***** (i) Add for each month of September Pursuant to the provisions of the Ag­ 2. In § 1033.63, paragraphs (h) and (i) through December, one-fourth of the are revised to read as follows: ricultural Marketing Agreement Act of total amount subtracted pursuant to 1937, as amended (7 U.S.C. 601 et seq.),

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5200 RULES AND REGULATIONS and of the order regulating the han­ [Milk Order 73] order effective April 1, 1968, and that it would be contrary to the public interest dling of milk in the St. Louis, Mo., mar­ PART 1073— MILK IN WICHITA, keting area (7 CFR Part 1062), it is to delay the effective date of this amend­ hereby found and determined that : KANS., MARKETING AREA ment for 30 days after its publication in (a) The following provisions of the Order Amending Order the F ederal R e g is t e r . (5 U.S.C. 553(d) order do not tend to effectuate the de­ (1966)). clared policy of the Act for the months § 1073.0 Findings and determinations. (c) Determinations. It is hereby de­ of April and May 1968. The findings and determinations here­ termined that: (1) In § 1062.51(a) the following inafter set forth are supplementary and (1) The refusal or failure of handlers words of the introductory text preceding in addition to the findings and determi­ (excluding cooperative associations subparagraph (1) : “And plus or minus nations previously made in connection specified in section 8e(9) of the Act) the amounts provided in subparagraphs with the issuance of the aforesaid order of more than 50 percent of the milk, (1) and (2) of this paragraph:” and of the previously issued amendments which is marketed within the marketing (2) Subparagraph (1) of § 1062.51(a). thereto; and all of said previous findings area, to sign a proposed marketing agree­ (b) Notice of proposed rule making, and determinations are hereby ratified ment, tends to prevent the effectuation public procedure thereon, and 30 days and affirmed, except insofar as such find­ of the declared policy of the Act; notice of the effective date hereof are ings and determinations may be in con­ (2) The issuance of this order, amend­ impractical, unnecessary, and contrary flict with the findings and determinations ing the order, is the only practical means to the public interest in that: set forth herein. pursuant to the declared policy of the (1) This suspension order does not (a) Findings upon the basis of the Act of advancing the interests of pro­ require of persons affected substantial hearing record. Pursuant to the provi­ ducers as defined in the order as hereby or extensive preparation prior to the sions of the Agricultural Marketing amended; and effective date. Agreement Act of 1937, as amended (7 (3) The issuance of the order amend­ (2) This suspension order is neces­ U.S.C. 601 et seq.), and the applicable ing the order is approved or favored by sary to reflect current marketing con­ rules of practice and procedure governing at least two-thirds of the producers who ditions and to maintain orderly mar­ the formulation of marketing agreements during the determined representative keting conditions in the marketing area. afid marketing orders (7 CFR Part 900), period were engaged in the production (3) This suspension order will con­ a public hearing was held upon certain of milk for sale in the marketing area. tinue for the months of April and May proposed amendments to the tentative O rder R e l a t iv e t o H a n d l in g 1968 the effect of prior suspension orders marketing agreement and to the order which eliminated the supply-demand regulating the handling of milk in the It is therefore ordered, That on and adjustor for the period June 3, 1967, Wichita, Kans., marketing area. Upon after the effective date hereof the han­ through March 31, 1968 (32 F.R. 8022, 32 the basis of the evidence introduced at dling of milk in the Wichita, Kans., F.R. 10909; 32 F.R. 12597; 32 F.R. 16479 . such hearing and the record thereof, it is marketing area shall be in conformity to and 33 F.R. 2437). Such prior suspension found that: and in compliance with the terms and orders were issued at the request of co­ (1) The said order as hereby amended, conditions of the aforesaid order, as operative associations whose members and all of the terms and conditions amended and as hereby amended, as comprise a large majority of producers thereof, will tend to effectuate the de­ follows: serving the St. Louis market and other clared policy of the Act; Section 1073.51(a) is revised to read as markets affected by this supply-demand (2) The parity prices of milk, as de­ follows: adjustor. termined pursuant to section 2 of the Act, § 1073.51 Glass prices.

Hearings have been held in St. Louis, are not reasonable in view of the price * * * * * Mo., January 24,1967, pursuant to notice of feeds, available supplies of feeds, and (a) Class I milk. The price for Class issued January 13, 1967 (32 F.R. 613) other economic conditions which affect I milk at plants located in Zone 1 shall and February 28-March 3, 1967, pur­ market supply and demand for milk in be the basic formula price for the pre­ suant to notice issued January 24, 1967 the said marketing area, and the mini­ ceding month plus $1.60, plus 20 cents (32 F.R. 1042) at which proposals to re­ mum prices specified in the order as through April 1968. Such price shall not vise the supply-demand adjustor were hereby amended are such prices às will be less than the Class I price established considered. A recommended decision on reflect the aforesaid factors, insure a for the same month pursuant to Part this matter has been issued. This sus­ sufficient quantity of pure and whole­ 1064 (Greater Kansas City) of the chap­ pension will prevent supply-demand ad­ some milk, and be in the public interest; ter, nor more than the Greater Kansas justments for an additional period pend­ and ing completion of the procedure. (3) The said order as hereby amended, City Class I price plus 60 cents. (4) The previous suspensions were regulates the handling of milk in the * * * * * taken so that a decrease in the Class I same manner as, and is applicable only (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. price would not unduly reduce returns to to persons in the respective classes of 601-674) producers in the St. Louis, Mo., Ozarks, industrial or commençai activity speci­ Effective date: April 1, 1968. Southern Illinois, and Paducah markets. fied in, a marketing agreement upon Since the same conditions that prompted which a hearing has been held. Signed at Washington, D.C., on March the previous suspension orders continue (b) Additional findings. It is nécessary 27, 1968. to prevail, this order effective for the in the public interest to make this order G eorge L. M e h r e n , months of April and May 1968 is amending the order effective not later Assistant Secretary. warranted. than April 1, 1968. Any delay beyond [F.R. Doc. 68-3863; Filed, Mar. 29, 1968; Therefore, good cause exists for making that date would tend to disrupt the 8:50 a.m.] this order effective April 1, 1968. orderly marketing of milk in the market­ It is therefore ordered, That the afore­ ing area. The provisions of the said order are PART 1106— MILK IN OKLAHOMA said provisions of the order are hereby METROPOLITAN MARKETING AREA suspended for the months of April and known to handlers. The recommended May 1968. decision of the Deputy Administrator, PART 1126— MILK IN NORTH TEXAS Regulatory Programs, was issued March (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 12,1968, and the decision of the Assistant MARKETING AREA 601-674) Secretary containing all amendment Order Amending Orders Effective date: April 1,1968. provisions of this order was issued Findings and determinations. The Signed at Washington, D.C., on March 25, 1968. The changes effected by this order will not require extensive findings and determinations hereinafter March 27, 1968. preparation or substantial alteration in set forth are supplementary and in ad­ G eorge L. M e h r e n , method of operation for handlers. In dition to the findings and determina­ Assistant Secretary. view of the foregoing, it is hereby found tions previously made in connection with the issuance of each of the aforesaid [F.R. Doc. 68-3862; Filed, Mar. 29, 1968; and determined that good cause exists 8 :5 0 a.m .] for making this order amending the orders and of the previously issued

FEDERAL tEGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5201 amendments thereto; and all of said Administrative Procedure Act, 5 U.S.C. 30 F.R. 2852, 10023, 13357, 32 FH. 365, previous findings and determinations are 551-559.) 5767 and 15632 and containing the regu­ hereby ratified and affirmed, except in­ (c) Determinations. It is hereby deter­lations governing farm storage reseal sofar as such findings and determina­ mined that: loan programs for 1965 and subsequent tions may be in conflict with the findings (1) The refusal or failure of handlers storage periods are hereby revised to and determinations set forth herein. The (excluding cooperative associations incorporate applicable amendments and following findings are hereby made with specified in section 8c(9) of the Act) of to include other program changes. respect to each of the aforesaid orders. more than 50 percent of the milk, which Sec. (a) Findings upon the basis of the is marketed within the marketing area, 1421.3481 General. hearing record. Pursuant to the pro­ to sign a proposed marketing agreement, 1421.3482 Applicable sections of the general visions of the Agricultural Marketing tends to prevent the effectuation of the regulations governing price Agreement Act of 1937, as amended (7 declared policy of the Act; support for 1964 and subse­ U.S.C. 601 et seq.), and the applicable (2) The issuance of this order, amend­ quent crops. ing the order, is the only practical means 1421.3483 Eligibility requirements. rules of practice and procedure govern­ 1421.3484 Redemption and delivery of com­ ing the formulation of marketing agree­ pursuant to the declared policy of the modity and conversions to ex­ ments and marketing orders (7 CFR Act of advancing the interests of pro­ tended warehouse storage loans. Part 900), a public hearing was held ducers as defined in the order as herein 1421.3485 Quantity eligible for reseal. upon certain proposed amendments to amended; and 1421.3486 Quality. the tentative marketing agreement and (3) The issuance of the order amend­ 1421.3487 Approved storage. to the order regulating the handling of ing the order is approved or favored by 1421.3488 Storage payments. milk in the above designated marketing at least two-thirds of the producers who 1421.3489 Setoffs. areas. Upon the basis of the evidence during the determined representative 1421.3490 Commingling. period were engaged in the production 1421.3491 Maturity. introduced at such hearing and the 1421.3492 Determination of quality. record thereof, it is found that : of milk for sale in the marketing area. 1421.3493 Determination of quantity. ( 1 ) The said order as hereby amended, O rder R e l a t iv e t o H a n d l in g 1421.3494 Interest rate. and all of the terms and conditions 1421.3495 Service charges. thereof, will tend to effectuate the de­ It is therefore ordered, That on and after the effective date hereof the han­ Au t h o r it y : The provisions of this subpart clared policy of the Act; issued under secs. 4 and 5, 62 Stat. 1070 as (2) The parity prices of milk, as deter­ dling of milk in the respective designated amended; secs. 101, 105, 107, 301, 401, 405, mined pursuant to section 2 of the Act, marketing areas should be'in conformity 63 Stat. 1051, as amended; 15 U.S.C. 714 (b) are not reasonable in view of the price to and in compliance with the terms and and (c); 7 U.S.C. 1441, 1447, 1421, 1425. conditions of the aforesaid orders, as of feeds, available supplies of feeds, and § 1421.3481 General. other economic conditions which affect amended and as hereby further amended, market supply and demand for milk in as follows: (a) The regulations in this subpart set the said marketing area, and the mini­ 1. In § 1106.51, paragraph (a) is re­ forth the terms and conditions for the mum prices specified In the order as vised to read as follows : extension of the maturity date for a price hereby amended, are such prices as will § 1106.51 Class prices. support loan secured by a farm stored reflect the aforesaid factors, insure a * * * * * commodity and evidenced by a Farm Storage Note, Chattel Mortgage, and Se­ sufficient quantity of pure and whole­ (a) Class I price. The Class I price some milk, and be in the public interest; curity Agreement (hereinafter called a shall be the basic formula price for the “ note and mortgage” ), and the terms and preceding month plus $1.78, and plus 20 (3) The said order as hereby amended, and conditions for a price support loan cents through April 1968. on a farm stored commodity obtained regulates the handling of milk in the * * * * * same manner as, and is applicable only under § 1421.3483(c) which is evidenced to persons in the respective classes of 2. In § 1126.51, paragraph (a) is re­ by a note and mortgage (both such loans industrial or commercial activity speci­ vised to read as follows: hereinafter called “reseal loan(s)” ), fied in, a marketing agreement upon § 1126.51 Class prices. commencing in 1965, with respect to any which a hearing has been held. * * * * * commodity of a particular crop for which (b) Additional findings. {1) It is nec­ an annual supplement to this subpart is essary in the public interest to make (a) Class I price. The Class I priceissued authorizing reseal loans and stor­ this order amending the order effective shall be the basic formula price for the age periods for such crop of the com­ not later than April 1, 1968. Any delay preceding month plus $2.12, and plus 20 modity. Additional terms and conditions beyond that date would tend to disrupt cents through April 1968. for a reseal loan (stating the crop of a the orderly marketing of milk in the * * * * 4c particular commodity for which reseal respective marketing areas. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. loans will be granted, the area in which (2) No amendment to the Texas Pan­ 601-674) such reseal loans will be granted, the handle order is necessary to carry out Effective date: April 1,1968. rates and period during which CCC will this action because that order does not pay for storage of commodities under Signed at Washington, D.C., on March reseal loan, quality and other appropri­ contain a supply-demand adjustment 27,1968. provision presently. ate requirements) shall appear in the G eorge L. M e h r e n , annual supplements to this subpart. The provisions of the said order are Assistant Secretary. known to handlers'. The recommended (b) To participate in the reseal loan [F.R. Doc. 68-3864; Filed, Mar. 29, 1968; program, a producer must file an appli­ decision of the Deputy Administrator, 8 :5 0 a.m.] Regulatory Programs, was issued March cation requesting a reseal loan with the 12,1968, and the decision of the Assistant county office and have such application Secretary containing all amendment Chapter XIV— Commodity Credit Cor? approved by that office. A reseal loan will provisions of this order was issued March poration, Department of Agriculture be granted on an eligible commodity in 26, 1968. The changes effected by the approved storage and covered by a loan order will not require extensive prepara­ SUBCHAPTER B— LOANS, PURCHASES, AND evidenced by a note and mortgage. A re­ tion or substantial alteration in method OTHER OPERATIONS seal loan granted under this subpart will of operation for handlers. [CCC Grain Price Support Reseal Loan Regs., be due on demand by CCC. A producer In view of the foregoing, it is her 1965 and Subsequent Storage Periods] may redeem his reseal loan, or deliver iound and determined that good ca PART 1421— GRAINS AND SIMILARLY the commodity covered by such loan to exists for making this order amend HANDLED COMMODITIES CCC, on the terms and conditions ap­ the order effective April 1,1968, and t] pearing in this subpart and the applica­ it would be contrary to the public Subpart-— Farm Storage Reseal Loan ble annual supplement. terest to delay the effective date of t Program (c) As used in the regulations in this f(Lr 30 days after its publicat The regulations issued by the Com­ subpart, “CCC” means the Commodity in the F ederal R e g ist e r . (Sec. 553 ( modity Credit Corporation published in Credit Corporation, and “ASCS” means-

No. 63------2 FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5202 RULES AND REGULATIONS the Agricultural Stabilization and Con­ off the loan, plus interest, or deliver the and a reseal loan will not be approved servation Service of the United States mortgaged commodity to CCC. unless it is determined on the basis of Department of Agriculture. (b) Voluntary early delivery. A coun­ such inspection that the quality of the ty committee may authorize a producer commodity is such that it can reason­ § 1421.3482 Applicable sections o f the to make delivery to CCC of a resealed ably be expected to be stored with safety general regulations governing price commodity prior to the end of a storage for the authorized storage period of the support for 1964 and subsequent reseal loan. crops. period under the following conditions: (1) The commodity has been under re­ § 1421.3487 Approved storage. The following sections of the General seal for a period of 4 months after the Regulations Governing Price Support for start of the storage period; (2) storage Approved storage shall consist of a 1964 and Subsequent Crops (Rev. 1) pub­ space is available at either local or storage structure located on or off the lished in 31 FJt. 5941 and any amend­ transit points which are normally used farm (excluding public warehouses), ments thereto (referred to in this sub­ for storing the commodity; and (3) de­ which the county committee or its rep­ part as “general regulations” ) shall be livery of the commodity will not unduly resentative determines will afford safe applicable to all crops of commodities for interfere with the completion of other storage for the commodity. which reseal loans are authorized: current program functions. The quantity § 1421.3488 Storage payments. §§ 1421.51,1421.52(a) through (e), 1421.- eligible for storage payment and the 54, 1421.57, 1421.58, 1421.59, 1521.62(b), length of the storage period shall be (a) Time. Storage payments shall be 1421.63 through 1421.65, 1421.66 (a), determined as provided in § 1421.3488. made at least annually at the end of the (c ) , (d), and (e), 1421.67, 1421.68 (a) The rate of payment shall be as speci­ authorized storage period and may be and (b), 1421.69 (c) and (d), 1421.72 (c), fied in the applicable annual supple­ made during the authorized storage pe­ (d ) , (e), ( f) , ( j) , (k), and (1) and 1421.73 ment to this subpart. riod at frequencies determined by CCC. through 1421.78. (c) Regular delivery period. The Final storage payments will be made at time loan collateral is redeemed, or § 1421.3483 Eligibility requirements. county committee may authorize deliv­ ery to CCC of the commodity during the upon settlement when the commodity (a) Producer. A producer shall be elig­ 2 calendar months after/ the anniver­ is delivered or is converted into a stor­ ible to participate in this program if he sary of the maturity date 6f a producer’s age loan, as applicable. has an eligible commodity under a farm original loan or, in the case of loans (b) Storage payment units. Storage storage loan for which a reseal loan pro­ made under § 1421.3483(c), during the payments shall be based on units of 100 gram has been authorized in an annual 2 calendar months after the anniversary bushels or 100 hundredweight, as appli­ supplement hereto. of the maturity date for farm-stored cable, with respect to the commodity (b) When to apply. The producer must price support loans applicable to the under loan. Storage payments made prior apply for a reseal loan within 2 calendar crop of the commodity on which such to redemption, delivery of the commod­ months after maturity of his loan unless loan was obtained. ity, or conversion to a storage loan shall a later date is authorized by the county (d) Conversion to extended storage be computed on the basis of the quantity committee. loan. If)an extended warehouse storage on which the reseal loan was made less (c) New loans. A producer who has loan is authorized under § 1421.55(c) for any quantities redeemed or delivery a farm-stored commodity eligible for the crop of the commodity serving as rounded to the nearest whole unit. Final price support must obtain a loan on the security for the repayment of a reseal storage payments shall be computed on maximum quantity in the bin eligible for loan indebtedness and the producer and the quantity redeemed, .delivered, or a loan, in order for it to be eligible for such commodity are otherwise eligible transferred for purposes of a storage reseal. Such loan must be requested by for an extended warehouse storage loan, loan, rounded to the nearest tenth of the maturity date for loans on the com­ the producer may convert his reseal loan a unit. modity unless a later date is authorized into an extended warehouse storage loan (c) Storage credit. Credit will be given by the county committee. (1) at any time during the reseal pe­ for each full month of storage beginning (d) Disbursement of loans. Disburse­ riod under provisions of § 1421.67(d), or on the day following the original loan ment of a new loan referred to in para­ (2) for reasons other than those stated program maturity date. Credit will not graph (c) of this section will be made in § 1421.67(d), at any time within 2 be allowed for the month in which re­ to a producer by ASCS county officers by calendar months after the original loan demption, delivery or conversion to a means of a draft drawn on CCC or by maturity date on request therefor at storage loan is made, or loss or damage to credit to the producer’s account. The the ASCS county office and obtaining the the commodity ^fco be assumed by CCC new loan for reseal purposes must be authorization of the ASCS county of­ under § 1421.65 occurs. A final storage disbursed not later than 2 calendar fice to move the commodity under reseal payment made on redemptions, de­ months after the original maturity date loan. liveries, conversion into storage loans for the commodity unless a later date and losses or damages assumed by CCC, is authorized by the county committee. § 1421.3485 Quantity eligible for reseal. occurring within 2 calendar months The producer shall not present the loan The quantity eligible for reseal shall after the anniversary of the original loan documents for disbursement unless the be the measured or estimated quantity maturity date shall not include a stor­ commodity covered by the mortgage is in necessary to secure the original loan and age payment for any part of the 2 existence. If the commodity was not any additional quantity placed under months period. in existence at the time of disbursement, loan as provided in § 1421.3483(c), less . (d) Storage payment adjustments. the total amount disbursed under the any quantity delivered to CCC or re­ Upon settlement or redemption of a re­ loan shall be refunded promptly by the deemed by the producer prior to reseal seal loan, storage payments made for producer. except that, if the quantity in the bin(s) prior storage periods will be adjusted in § 1421.3484 Redemption and delivery or crib(s) under loan is less than the accordance with the provisions of this o f commodity and conversions to ex­ maximum quantity eligible for loan as section on the basis of the storage rates tended warehouse storage loans. provided under § 1421.67(a) of the gen­ set forth in the annual supplement to eral regulations, the entire quantity in these regulations. In the case of deliveries and conver­ the bin(s) or crib(s) shall be ineligible (1) In the case of deliveries in settle­ sions to an extended warehouse storage for reseal unless a maximum loan is ob­ ment of a reseal loan, or conversion to a loan (hereinafter called “storage loan” ) tained as provided in § 1421.3483(c), or storage loan, prior storage payments described in paragraphs (a), (b), and unless the excess is removed from the shall be adjusted on the basis of the (d) of this section, a producer must bin(s) or crib(s) as provided in § 1421.68 eligible quantity of the commodity de­ deliver the commodity in accordance (a) of the general regulations^ livered from the sealed structure; with the instructions issued by the (2) In the case of redemptions, the county office. § 1421.3486 Quality. (a) Delivery on demand and redemp­ Prior to approval of a reseal loan the prior storage payments shall be adjusted tion. On demand for payment of the commodity will be inspected by the on the basis of the estimated quantity reseal loan, the producer must either pay county committee or its representative or such quantity as determined by

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5203

measurements to be in the sealed struc­ modities were made; and the dollar Sec. ture, except that if the county commit­ amount to be credited to each loan shall 1434.11 Applicable forms. tee has received acceptable evidence by be based on the amount of the loan rep­ 1434.12 Liens. a date determined by the county com­ 1434.13 Fees and charges. resented by the quantity determined to 1434.14 Setoffs. mittee but not later than 60 days after have been redeemed from loan; (3) for 1434.15 Determination of quantity. the redemption of the actual quantity settlement purposes, if a commodity has 1434.16 Determination of quality. determined to have been removed from been commingled, the quantity, grade, 1434.17 Interest rate. the* sealed structure, such quantity shall and quality delivered shall be prorated 1434.18 Transfer of producer’s interest be used; to each loan based on the ratio that the prohibited. (3) In the case of losses assumed byquantity on which the loan was made 1434.19 Insurance. CCC, prior storage payments shall be bears to the quantity covered by all the 1434.20 Loss or damage. adjusted on the basis of the quantity de­ loans on the commingled commodity. 1434.21. Personal liability of the producer. termined by measurement. 1434.22 Quantity for loan. § 1421.3491 Maturity. 1434.23 Release of the honey under loan. When such quantity exceeds the quan­ 1434.24 Liquidation of loans. tity on which payments were made, the Farm storage loans extended under 1434.25 Purchases from producers. producer shall be given credit for the the reseal program will mature on 1434.26 Settlement. demand. 1434.27 Foreclosure. additional quantity for all prior storage 1434.28 Charges not to be assumed by CCC. periods. When such quantity is less than § 1421.3492 Determination o f quality. 1434.29 Handling payments and collections the quantity on which payments were The class, grade, grading factors, and not exceeding $3. made, the producer shall refund the all other quality factors shall be based on 1434.30 Death, incompetency, or disappear­ 'overpayment to CCC. ance. the official grading standards of the 1434.31 ASCS Com m odity Office and Data (e) No storage payments. Notwith­United States for the applicable com­ Processing Center. standing the provisions of this section, in modity whether or not such determina­ no case will any storage payment be A uthority : The provisions o f this subpart tions are made on the basis of an official issued under sec. 4, 62 Stat. 1070, as amended; made: (1) If the producer has made any inspection. false representation in the loan docu­ 15 U.S.C. 714b. Interpret or apply sec. 5, 62 § 1421.3493 Determination o f quantity. Stat. 1072, secs. 201, 401, 63 Stat. 1052, 1054; ments, in obtaining the loan, or in settle­ 15 U.S.C. 714c, 7 U.S.C. 1446, 1421. ment of the loan; (2) if the commodity The quantity (bushels or hundred­ has been abandoned; (3) if there has weight) delivered under a reseal loan § 1434.1 General statement. been unauthorized disposition of the shall be determined by weight and shall The regulations in this subpart super­ commodity with intent to defraud on be computed on the following basis: sede the Honey Price Support Regula­ the part of the producer; or (4) if the Com, 56 pounds of com per bushel. tions for 1966 and Subsequent Crops commodity was damaged or otherwise Wheat, 60 pounds of wheat, free of dock­ published in 31 F.R. 6257 and amend­ impaired due to negligence on the part of age, per bushel. Barley, 48 pounds of ments thereto. They set forth the the producer. If a producer received pay­ barley, free of dockage, per bushel. Oats, requirements with respect to price sup­ ment of any amount to which he is not 32 pounds of oats per bushel. Grain port for the 1968 and each subsequent entitled, he shall refund such amount sorghum, 100 pounds of grain sorghum, crop of extracted honey for which a plus interest thereon promptly upon free of dockage, per hundredweight. Soy­ price support program is authorized. demand. , beans, 60 pounds of soybeans per bushel. Price support will be made available § 1421.3489 Setoffs. §1421.3494 Interest rate. through loans on and purchases of eligi­ ble honey. Loans will be evidenced by Any storage payment, proceeds of a Reseal loans shall bear interest at the notes and secured by chattel mortgages. new loan obtained under § 1421.3483(c), rate stipulated in the“ note and mortgage. or any proceeds due the producer on On or after the loan maturity date for settlement are subject to the setoff pro­ § 1421.3495 Service charges. honey, the producer may sell to CCC any visions of § 1421.64 of the general regu­ or all of his eligible honey which is not lations. Service charges on deliveries of 1964 security for a price support loan by and subsequent crops shall be made in delivering the honey to CCC. As used in § 1421.3490 Commingling. accordance with § 1421.60(b) of the gen­ in this subpart, “CCC” means the Com­ (a) When permitted. When author­ eral regulations. modity Credit Corporation and “ASCS” ized by the State committee, the county Effective date: Upon publication in the means the Agricultural Stabilization and committee may permit producer(s) to F ederal R e g is t e r . Conservation Service of the U.S. Depart­ commingle quantities of a commodity ment of Agriculture. Signed at Washington, D.C., on March which are under more than one loan, and § 1434,2 Administration. which the county committee determines 26,1968. are safe for commingling, subject to the H. D. G o d f r e y , ' (a) Responsibility. The Farmer Pro­ following conditions: (1) When two or Executive Vice President, grams Division, ASCS, will administer more producers commingle a commodify, Commodity Credit Corporation. this subpart under the general direction they shall be jointly and severally liable [F.R. Doc. 68-3821; Filed, Mar. 29, 1968; and supervision of the Deputy Admin­ for the entire loan; (2) the commodity 8 :4 7 a.m.] istrator, State and County Operations, must be of the same class. in accordance with program provisions and policy determined by the CCC Board (b) Special conditions. Notwithstand- PART 1434— HONEY mg any other provision of this subpart of Directors and the Executive Vice Presi­ the following shall apply if quantities of dent, CCC. In the field, this subpart will Subpart— Honey Price Support Reg­ be administered by the Agricultural a commodity covered by more than one ulations for 1968 and Subsequent Stabilization and Conservation State and loan are commingled as provided in para­ Crops graph (a) of this section: (1) Partial County Committees (hereinafter called aeliveries of commingled commodities Sec. State and county committees), ASCS 1434.1 General statement. commodity offices and the ASCS Data , be permitted ordy if the entire con- 1434.2 Administratiop. Processing Center. s k*n or crib of the commingled 1434.3 Eligible producers. (b) Documents. Any member of the commodity are delivered; (2) if partial 1434.4 Beneficial interest and other re­ county committee, the county office man­ redemptions are made in accordance with quirements. ager, or other employee of the county nnatr+£r0visi0ns of these regulations, the 1434.5 Miscellaneous requirements. office designated by the county office quantity redeemed shall be prorated to 1434.6 Availability, disbursement and ma­ turity of loans. manager to act in his behalf is author­ ^ "■ Joan on the basis of the ratio of the ized to approve documents in accordance S ^ t y on which each loan was made 1434.7 Eligible honey. jo the total quantity on which all the 1434.8 Ineligible honey. with the provisions of this program ex­ 1434.9 Approved storage. cept where otherwise specified in this oans secured by the commingled com­ 1434.10 Warehouse receipts. subpart. Any such designation shall be in

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5204 RULES AND REGULATIONS

writing and a copy thereof shall be on price support forms shall refer both to (d) Doubtful cases. Any producer or file in the county office. an eligible producer as defined in para­ association in doubt as to whether his (c) Limitation of authority. The au­ graphs (a), (b), and (c) of this section interest in the honey complies with the thority conferred by this subpart to and to such an approved cooperative requirements of this section should, be­ administer the honey price support pro­ marketing association. fore requesting price support, make gram does not include authority to (e) Approval by county committee. 11 available to the county committee all - modify or waive any of the provisions of a producer has been convicted of a crim­ pertinent information which will permit this subpart. inal act or has made a misrepresentation a determination to be made by CCC. (d) State committee. The State com­ in connection with any price support § 1434.5 Miscellaneous requirements. mittee may take any action which is program or has unlawfully disposed of authorized or required by this subpart to any loan collateral or if the county com­ (a) Revenue stamps. A farm storage be taken by the county committee but mittee has had difficulty in settling a note and chattel mortgage must have which has not been taken by such com­ loan with the producer because of his State and documentary revenue stamps mittee. The State committee may also failure to protect properly the mortgaged affixed thereto when required by law. The (1) correct or require a county commit­ commodity or for other reasons, the pro­ term “chattel mortgage” means any tee to correct any action which was taken ducer may be denied price support until security instrument which secures a farm by such county committee but which is the county committee is satisfied that storage loan. not in accordance with this subpart or both he and the honey offered for price (b) Restrictions in use of agents. A (2) require a county committee to with­ support meet the eligibility requirements producer shall not delegate to any per­ hold taking any action which is not in of the program and that CCC will be son (or his representative) who has any accordance with this subpart. fully protected against any possible loss interest in storing, processing, or mer­ (e) Executive Vice President, CCC. No other than loss assumed by CCC under chandising honey authority to exercise delegation of authority herein shall pre­ the regulations in this subpart. on behalf of the producer any of the producer’s rights or privileges under this clude the Executive Vice President, CCC, (f) Joint loans. Two or more eligible or his designee, from determining any program or any loan agreement or other producers may obtain a joint loan on instrument executed in obtaining price question arising under this subpart or eligible honey produced and extracted from reversing or modifying any deter­ support unless the person (or his repre­ by them if stored in the same storage sentative) to whom authority is delegated mination made pursuant to a delegation facility. Each producer who obtains a of authority in this subpart. is serving in the capacity of a farm man­ joint loan will be jointly and severally ager for the producer. Any delegation of § 1434.3 Eligible producers. liable for the obligations under the loan authority given in violation of this para­ documents and this subpart. (a) Producer. An eligible producer graph shall be without force and effect shall be a person (i.e., an individual, § 1434.4 Beneficial interest and other and shall not be recognized by CCC. partnership, corporation, estate, trust, requirements. § 1434.6 Availability, disbursement and or other legal entity) who extracts honey (a) Request for price support. To ob­ maturity o f loans. produced by bees owned by him. tain price support on 1968 and subse­ (b) Estates and trusts. A receiver of (a) Where to request price support. quent crops of eligible honey, a producer A producer should request price support an insolvent debtor’s estate, an executor must, no later than the applicable date or an administrator of a deceased per­ at the local ASCS county office of the specified in the crop year supplement, county in which the honey is stored. An son’s estate, a guardian of an estate of request a loan on or notify the ASCS a ward or an incompetent person, and approved cooperative marketing associa­ county office of his intention to sell to tion must request price support at the trustee of a trust estate will be con­ CCC his eligible honey. sidered to represent the insolvent debtor, ASCS county office for the county in the deceased person, the ward or in­ (b) Beneficial interest. For honey to be which the principal office of the associa­ competent, and the beneficiary of a trust eligible for price support, the beneficial tion is located unless the State committee respectively, and the production of the interest in the honey must be in the designates some other ASCS county receiver, executor, administartor, guard­ producer tendering it as security for a office. In the case of an approved co­ ian, or trustee shall be considered to be loan or for purchase and must always operative marketing association having the production of the person he repre­ have been in him or in him and a former operations in two or more States, sents. Loan or purchase documents ex­ producer whom he succeeded as owner requests may be made at the county ecuted by such legal representative will of the bees before the honey was ex-, office for the county in which its prin­ be accepted by CCC only if they are tracted. In case of an approved coopera­ cipal office for each such State is located. legally valid and such person has the tive marketing association, the beneficial (b) Availability and maturity date. authority to sign the applicable docu­ interest in the honey must have been in The availability and maturity date ap­ ments. the producer-members who delivered the plicable to loans or purchases will be (c) Minors. A minor who is otherwise honey to the approved association or to specified in the annual crop year supple­ an eligible producer shall be eligible for member associations and must always ment to the regulations in this subpart, price support only if he meets one of the have been in them and former producers except that whenever the final date of following requirements: (1) The right whom they succeeded before the honey availability or the maturity date falls on of majority has been conferred on him was extracted. Honey acquired by an a nonworkday for ASCS county offices, by court proceedings or statute; (2) a association shall not be eligible for price the applicable final date shall be ex­ guardian has been appointed to manage support if the producer-members who delivered the honey to the approved as­ tended to include the next workday. his property and the applicable price (c) Disbursement of loans. Disburse­ support documents are signed by the sociation or its member associations do guardian; (3) any note signed by the not retain the right to share in the pro­ ment of loans will be made to producers minor is cosigned by a financially respon­ ceeds from the marketing of the honey as by ASCS county offices by means of sible person; or (4) a bond is furnished provided in Part 1425 of this chapter. drafts drawn on CCC or by credit to the under which a surety guarantees to (c) Succession of interest. To meet the producer’s account. The producer shall protect CCC from any loss incurred for requirements of succession to a former not present the loah document for dis­ producer, the rights, responsibilities and which the minor would be liable had he bursement unless the honey covered by been an adult. interest of the former producer with (d) Approved cooperative. An ap­ respect to ownership of the bees which the mortgage or pledge has been ex­ proved cooperative marketing association produced the honey shall have been tracted and is in approved storage. If which meets the applicable requirements substantially assumed by the person the honey was not either in existence or of the regulations in Part 1425 of this claiming succession. Mere purchase of extracted at the time of disbursement, chapter shall be eligible to obtain price the honey prior to extraction without the total amount disbursed under the acquisition of any additional interest in support in behalf of its members who are loan shall be refunded promptly by the eligible producers. The term “producer” the production unit shall not constitute as used in this subpart and on applicable succession. producer.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5205

§ 1434.7 Eligible honey. to prevent rusting and fitted with gaskets The receipt must be negotiable and must Honey must meet the requirements of which provide a tight seal. represent eligible honey actually in stor­ this section in addition to other applica­ § 1434.8 Ineligible honey. age in the warehouse. ble eligibility requirements of this sub­ § 1434.11 Applicable forms. part and the applicable annual supple­ (a) Floral source. Honey from the fol­ ments thereto in order to be eligible for lowing floral sources is not eligible for The forms for use in connection with a loan or for delivery under a loan or price support regardless of whether it this program shall be as prescribed by purchase. Honey described in § 1434.8 is meets other eligibility requirements: CCC. Andromeda, Athel, Bitterweed, Broom- not eligible. § 1434.12 Liens. (a) Production. The honey must have weed, Cajeput, Carrot, Chinquapin, Dog been produced and extracted in the Fennel, Desert Holly Hock, Gumweed, If there are any liens or encumbrances United States by an eligible producer Mescal, Onion, Prickly Pear, Prune, on the honey, waivers that will fully during the calendar year for which price Queen’s Delight, Rabbit Brush, Snow­ protect the interest of CCC must be ob­ support is requested. brush (Ceanothus), Snow-on-the Moun­ tained even though the liens or encum­ (b) Floral source. Honey from the tain, Tarweed, and similar objectionable brances are satisfied from the loan or floral sources listed below and honey flavored honey or blends of honey as purchase proceeds. No additional liens having similar flavor shall be eligible determined by the Director, Farmer Pro­ or encumbrances shall be placed on the for price support and shall be classed grams Division, ASCS. If any blends of honey after a loan has been approved. as follows: honey contain such ineligible honey, the § 1434.13 Fees and charges. lot as a whole shall be considered in­ (1) Table honey. Table honey means eligible for loan or delivery for purchase. (nX Loan service fee. A producer shall honey having a good flavor of the pre­ (b) Contamination or poisonous sub­ pay a loan service fee of $4 for each farm- dominant floral source which can be stances. Honey which is contaminated storage loan disbursed. An approved co­ readily marketed for table use in all or which contains chemicals or other operative market association shall pay parts of the country. Such sources in­ substances poisonous to man or animals a loan service fee of $2 for each coopera­ clude Alfalfa, Bird’s-foot Trefoil, Black­ is not eligible for price support. tive-storage loan disbursed. The loan berry, Brazil Brush, Catsclaw, Clover, (c) Containers. Honey packed in steel service fee is not refundable. Cotton, Firewood, Gallberry, HUajillo, drums which have removable liners of (b) Delivery charge. A delivery charge Lima Bean, Mesquite, Orange, Raspberry, polyethylene, or other materials is not of 1 cent per hundredweight, in addition Sage, Saw Palmetto, Soybean, Sourwood, eligible for price support regardless of to any loan service fee, shall be paid by Star Thistle, Sweetclover, Tupelo, Vetch, whether it meets other eligibility re­ producers at time of settlement on the Western Wild Buckwheat, Wild Alfalfa, quirements. quantity of honey acquired by CCC un­ and similar mild-flavors, or blends of der the loan or purchase. mild-flavored honeys, as determined by § 1434.9 Approved storage. § 1434.14 Setoffs. the Director, Farmer Programs Division, (a) Loans. Loans will be made only on ASCS. honey in approved farm storage or ap­ (a) Facility and drying equipment (2) Nontable honey. Nontable hones proved warehouse storage as defined in loans. If any installment or installments means honey having a predominant this section. on any loan made by CCC on farm- flavor of limited acceptability for table (1) Farm storage. Approved farm storage facilities or drying equipments use but which may be considered suitable storage shall consist of a storage struc­ are payable under the provisions of the for table use in areas in which it ij ture located on or off the farm (exclud­ note evidencing such loan out of any produced. Such honeys include those ing public warehouses) which is de­ amount due the producer under these with a predominant flavor of Aster, termined by the county committee to regulations, the amount due the pro­ Avocado, Buckwheat (except Western afford safe storage for honey. ducer, after deduction of applicable fees Wild Buckwheat), Cabbage Palmetto (2) Warehouse storage. Approved and charges and amounts due prior lien­ Dandelion, Eucalyptus, Goldenrod warehouse storage shall consist of a holders, shall be applied to such install­ Heartsease (Smartweed), Horsemint storage structure operated by an ap­ ment (s) . Mangrove, Manzanita, Mint, Partridge proved cooperative marketing associa­ (b) Producers listed on county debt Pea, Rattan Vine, Safflower, Salt Cedar tion as defined in § 1434.3(d) and record. If a producer is indebted to CCC (Tamarix Gallica), Spanish Needle, licensed to store honey under the United or to any other agency of the United Spikeweed, Titi-Toyon (Christmas States Warehouse Act. States and such indebtedness is listed Berry), Tulip-Poplar, Wild Cherry, and (b) Segregation of loan collateral. If on the county debt record, amounts due similarly flavored honey or blends of such the honey in a storage structure secures the producer under the program pro­ honeys, as determined by the Director, more than one loan, the honey must be vided in this subpart, after deduction of Farmer Programs Division, ASCS. segregated so as to preserve the identity, amounts payable on farm-storage fa­ (c) Containers. The honey must beof the honey securing each loan. Honey cilities or drying equipment and other packed in metal containers of a capacity securing a loan must also be segregated amounts provided in paragraph (a) of of not less than 5 gallons or greater than from any nonloan honey in the same this section, shall be applied as pro­ <0 gallons and of a style used in normal structure. vided in the Secretary’s Setoff Regula­ commercial practice in the honey (c) Purchase. Purchases will be made tions, Part 13 of this title (23 F.R. 3757) industry. . by CCC without regard to whether the to such indebtedness. (1) Five-gallon. The 5-gallon con­ honey is in approved storage. (c) Producer’s right. Compliance with tainers must contain approximately 60 § 1434.10 Warehouse receipts. the provisions of this section shall not pounds of honey and shall be new, clean, deprive the producer of any right he sound, uncased, and free from apprecia­ (a) General. Warehouse receipts might otherwise have to contest the ble dents and rust. The handle of each tendered to CCC under this program justness of the indebtedness involved in container must be firm and strong must meet the requirements of the regu­ the setoff action either by administra­ lations in this subpart and Part 108 of tive appeal or by legal action. enough to permit carrying the filled can. this title. ine cover and can opening must not be § 1434.15 Determination of quantity. aamaged in any way that will prevent (b) Manner of issuance and endorse­ nr. ignt Cans which are punctured ment. Warehouse receipts must be issued (a) For loan purposes. The estimated °5 bave beefi Punctured and resealed by in the name of the approved cooperative quantity of honey placed under loan shall soldering will not be acceptable. marketing association. The receipts must be determined as provided in § 1434.22. be properly endorsed in blank so as to The estimate shall be made on the basis 'rlw Stf eI drums- Steel drums must be vest title in the holder. Receipts must be of 12 pounds for each gallon of rated K i p ? to * - «le d to their rated ca- issued by a warehouse licensed to store capacity of the container. whirh b and ube new’ or used drums honey under the United States Ware­ (b) At time of acquisition— (1) Farm ami ™,thMVe n&fen reconditioned inside and outside. They must be clean, treated house Act and represent a lot of ex­ storage. The quantity of honey acquired tracted honey stored identity preserved. by CCC on delivery in liquidation of a

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5206 RULES AND REGULATIONS loan or delivery for purchase shall be settlement under a loan or purchase shall in the loan documents in obtaining a determined by weighing the honor de­ be based on the support rate for nontable loan, or in connection with settlement or livered under the direction of the State honey. delivery under a loan, or the unlawful disposition of any portion of the honey committee. The quantity of honey ac­ § 1434.17 Interest rate. quired in 5-gallon cans shall be deter­ by him will render the producer subject mined by using a tare weight of 2.5 Loans shall bear interest at the rate te criminal prosecution under Federal pounds for each can. The quantity of announced in a separate notice pub­ law. If a producer has made any such honey acquired in 55-gallon drums shall lished in the Federal R egister. fraudulent representation or unlawful be determined by using a tare weight of § 1434.18 Transfer o f producer’s inter­ disposition, the loan shall become pay­ 53 pounds for each drum unless the pro­ est prohibited. able upon demand and the producer shall be personally liable, aside from any ad­ ducer can furnish evidence of a lesser tare The producer shall not transfer either weight. ditional liability under criminal and civil his remaining interest in or his right to frauds statutes, for the amount of the (2) Warehouse storage. The quantity redeem honey mortgaged as security for loan, for any additional amount paid of honey acquired by CCC in approved a loan, nor shall anyone acquire such to the producer in connection with the warehouse storage in liquidation of a interest or right. Subject to the provi­ honey, and for all costs which CCC would loan *or delivery for purchase shall be sions of § 1434.23, a producer who wishes not have incurred had it not been for the the net weight shown on the weight cer­ to liquidate all or part of his loan by producer’s fraudulent representation or tificate accompanying and identified to contracting for the sale of the honey unlawful disposition, together with in­ the warehouse receipt pledged to CCC must obtain written prior approval of the terest on such amounts. If a producer or representing honey offered to CCC for county office on a form prescribed by has made any such fraudulent represen­ purchase. CCC to remove the honey from storage. tation or any unlawful disposition, the § 1434.16 Determintion of quality. Any such approval shall be subject to amount for which he shall be credited the terms and conditions set out in the will be the market value of the honey as (a) Quality for loan— (1) Farm stor­ applicable form, copies of which may be age. Loans on farm-stored honey will be determined by CCC on the date of de­ obtained by producers or prospective livery to or removal from storage by CCC, made on the basis of the floral source, purchasers at the ASCS county office. color and class (table or nontable) of the or the sales price if the honey is sold by honey as declared by the producer and § 1434.19 Insurance. CCC in order to determine its market certified on the Farm Storage Work value. If the unlawful disposition of loan CCC will not require the producer to collateral is determined by CCC not to Sheet at the time the honey is placed insure the honey placed under loan; under loan. have been willful conversion, the value however, if the producer insures such of the honey or part thereof delivered to (2) Warehouse storage. Loans on honey and an indemnity is paid thereon, CCC or removed by CCC shall be the warehouse-stored honey will be made on such indemnity shall insure the benefit same as the settlement value for eligible the basis of (i) the class and (ii) the of CCC to the extent of its interest, after honey acquired by CCC as provided in floral source and color of the honey as first satisfying the producer’s equity in this subpart. shown on the Extracted Honey Inspec­ the honey involved in the loss. (b) Fraud relating to purchases. If the tion and Weight Certificate accompany­ producer has made a fraudulent repre­ ing the warehouse receipt representing § 1434.20 Loss or damage. The producer is responsible for any loss sentation in a price support purchase by such honey. CCC or in the purchase documents, he (b) Samples for delivery. When honey in quantity or quality or any loss .due to shall be personally liable, aside from any is delivered to CCC, its quality and color change in color of the honey placed under loan. Notwithstanding the fore­ additional liability under criminal or shall be determined by the Processed civil frauds statutes, for any loss which Products Standardization and Inspec­ going, any such loss arising solely from a CCC sustains upon the honey delivered tion Branch, Fruit and Vegetable Divi­ physical injury to the honey occurring under the purchase. For the purpose of sion, C&MS, in accordance with U.S. after disbursement of the loan funds will this program, such loss shall be deemed Standards for Grades of Extracted be assumed by CCC to the extent of the to be the price paid to the producer on Honey on the basis of samples drawn by settlement value at the time of destruc­ the honey delivered under the purchase ASCSC representatives supervising deliv­ tion of the quantity of the honey de­ plus all costs sustained by CCC in con­ ery. The cost of quality and color deter­ stroyed up to a quantity not in excess of nection with the honey together with in­ mination shall be for the account of CCC. that required to secure the outstanding terest on such amounts, less the market loan (or, if the honey is not destroyed, in value, as determined by CCC, as of the (c) Segregation by color. Table honey an amount equivalent to the extent of shall, insofar as is practicable, be segre­ close of the market on the date of deliv­ the loss as determined by CCC), less any ery, or the sales price if the honey is sold gated into lots by color to conform with insurance proceeds to which CCC may be the color categories stated in the crop in order to determine its market value. entitled and less any salvage value of (c) Over disbursement. If the amount year supplement. If a lot of honey is not the honey: Provided, That no such loss segregated so that it can be certified as shall be assumed by CCC unless it is disbursed under a loan or purchase ex­ one color in accordance with the U.S. ceeds the price support value of the honey established to its satisfaction that: (a) upon settlement determined as author­ Standards for Grades of Extracted The loss occurred to the honey without Honey, the rate for settlement under a ized under this subpart, the producer fault, negligence, or conversion on the shall be personally liable for repayment loan or purchase shall be based on the • part of the producer or on the part of darkest color shown on the inspection any other person having control of the of the amount of such excess. certificate: Provided, That if the in­ storage structure; (b) the loss resulted (d) Contamination or poisonous sub­ spection certificate at time of delivery solely from an external cause (other than stances. A producer shall be personally to CCC shows that the lot of honey con­ insect infestation, vermin or animals) liable for any damages resulting from tains more than two colors and if the such as theft, fire, lightning, inherent ex­ delivery to CCC of contaminated honey number of samples of the darkest color plosion, windstorm, cyclone, tornado, or honey containing chemicals or other shown on such certificate is not more flood, or other act of God; (c) the pro­ substances poisonous to man or animals. than one-sixth of the total number of ducer gave the county office immediate (e) Joint loans. In the case of joint samples, the color for the purpose of notice of such loss or damage; and (d) loans, the personal liability for the settlement shall be the next lighter color. the producer made no fraudulent repre­ amounts specified in this section shall be (d) Segregation by classes. If the sentation in the loan documents or in joint and several on the part of each pro­ honey is not segregated so that it can be obtaining the loan. ducer signing the note. classified as table honey, the rate for settlement under a loan or purchase shall § 1434.21 Personal liability o f the pro­ § 1434.22 Quantity for loan. be based on the support rate for non­ ducer. (a) Farm storage. Loans shall be made table honey. (a) Fraud relating to loans and un­ on not more than 90 percent (herein­ (e) Blends. In the case of blends of lawful disposition. The making of any after called “loan percentage” ) of the table and nontable honeys, the rate for fraudulent representation by a producer estimated quantity of eligible honey

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5207

stored in an approved farm storage to be (c) Obtaining release—w a r eh o u s eearlier, to and including the original loan covered by the chattel mortgage. The storage. The cooperative may arrange maturity date. State committee may establish a lower with the county office for release of all or loan percentage on a statewide basis or part of the honey under a warehouse- § 1434.25 Purchases from producers. for specified areas within the State. In storge loan on or prior to maturity by (a) Quantity eligible for purchase. An establishing a loan percentage lower than repayment of the amount of the loan eligible producer who has properly noti­ the maximum loan percentage, the State with respect to the quantity of the honey fied the ASCS county office of his intent committee shall consider the following to be released plus interest. Each partial to sell to CCC may deliver any or all of factors: (1) General crop conditions, release must cover all of the honey rep­ the eligible honey which is not mortgaged (2) factors affecting quality peculiar to resented by one warehouse receipt. to CCC under a loan. Payment due the an area or State, and (3) climatic con­ § 1434.24 Liquidation o f loans. producer will be made by sight draft ditions affecting storability. A new loan drawn on CCC by the county office. The percentage shall apply only to new loans (a) General. Except with respect to producer is not obligated, however, to and not to loans already made. The loan the loss or damage CCC will assume sell any quantity of his honey to CCC. percentage established by the State under § 1434.20, the producer is required Delivery points for honey under purchase committee may be lowered by the county to pay off his loan or deliver to CCC a shall be limited to those recommended by committee on an individual producer sufficient quantity of eligible honey hav­ the State committee and approved by the basis when determined to be necessary in ing a price support value equal to the Minneapolis Commodity Office. order to provide CCC with adequate outstanding balance of the loan. De­ (b) Delivery period. The producer production. Factors to be considered by liveries may be either of the identical honey which is subject to the chattel must make delivery of the honey within the county committee are: (i) Condition the period of time, after the honey price or suitability of the storage structure, mortgage or of other honey of his pro­ duction and extraction eligible for price support loan maturity date shown in the (ii) condition of the commodity, (iii) applicable crop supplement, specified in hazardous location of the storage struc­ support and shall be made in accordance with written instructions issued by the delivery instructions issued by the county ture, such as a location which exposes office. Delivery shall be made to the the structure to danger of hazards of county office which shall set forth the flood, fire, and theft (when the percent­ time and place of delivery. Any quantity location specified in such instructions. age is lowered for one or more of these of eligible honey delivered in excess of the Notwithstanding any other provisions of hazards, the producer shall be notified quantity necessary to settle the amount this § 1434.25, in the ease of eligible in writing that' CCC will not assume any due on the loan may be sold to CCC honey not under loan, the county com­ loss or damage to the loan collateral re­ under § 1434.25. Delivery points shall be mittee may, on request of a producer, sulting from the particular hazards to limited to those recommended by the purchase and accept delivery of such which the structure was exposed), (iv) State committee and approved by the eligible honey prior to such loan maturity disagreement on the estimated quantity, Minneapolis Commodity Office. date. In the event of such purchase and (v) producers who have been approved (b) Notice to county committee. If delivery, the settlement value of the under § 1434.3(e), and (vi) factors the producer desires to deliver the honey honey shall be reduced as provided in peculiar to individual farms or producers to CCC, he must give the county commit­ paragraph (e) of § 1434.24. as reported by the commodity loan in­ tee notice in writing of his intention to § 1434.26 Settlement. spector or as known to the county office do so within a reasonable time prior to which relate to the preservation or safety (a) General. Except as provided in the applicable loan maturity date. §§ 1434.20 and 1434.21 and paragraph of the loan collateral. Farm storage loans (c) Honey going out of condition. If, may be made on less than the maximum (b) of this section, settlement with the prior to delivery to CCC, the honey is producer for eligible honey acquired by quantity eligible for loan at the pro­ going out of condition, the producer shall ducer’s request. In any event, the chattel CCC under loan or purchase will be made so notify the county office and confirm on the basis of the quantity, class, mortgage shall cover all the honey in the such notice in writing. If the county com­ lot in which the honey on which the quality, and Color of such honey as loan is made is stored. mittee determines that the honey is going provided in this section and other ap­ out of condition or is in danger of going plicable provisions of this subpart. The (b) Warehouse storage. The amount out of condition and that the honey can­ settlement value of honey shall be the of a loan on the quantity of eligible honey not be satisfactorily conditioned by the product of the support rate for the class, stored in an approved warehouse shall be producer, and delivery cannot be ac­ grade, quality, and color times the based on a percentage, as determined by cepted within a reasonable length of time, quantity acquired at the time of settle­ the State committee, of the net weight the county committee shall arrange for ment. The support rate per pound of specified on the warehouse receipt repre­ an inspection and grade and quality de­ senting the honey offered as security for honey at which settlement will be made termination. When delivery is completed, shall be the rate for the State where the the loan. Such percentage shall not settlement shall be made subject to the producer obtained price support. exceed 95 percent of the weight so specified. provisions of § 1434.20 on the basis of (b) Ineligible honey inadvertently ac­ such grade and quality determination or cepted by CCC. If ineligible honey is in­ § 1434.23 Release o f the honey under on the basis of the grade and quality de­ advertently accepted by CCC, the settle­ loan. termination made at the time of delivery, ment value shall be the market value as (a) Obtaining release—farm storage. whichever is higher, for the quantity of the date of delivery as determined by A producer shall not remove honey cov­ actually delivered. CCC. The provisions of § 1434.21 shall be ered by a chattel mortgage until he has (d) Delivery before maturity date. applicable to settlement on ineligible received prior approval in writing from When considered necessary to protect the honey where there has been a fraudulent the county committee. A producer may, interest of CCC or when requested by the representation on the part of the at any time, obtain release of all or part producer, the county committee may call producer. of the honey remaining under loan by the loan and accept delivery of the honey (c) Payments of amount due producer. paying to CCC the amount of the loan prior to the loan maturity date. If the settlement value of the honey made with respect to the quantity of (e) Storage deduction for early de­ delivered exceeds the amount due on the honey released plus interest. When the livery. If the loan maturity date is ac­ loan (excluding interest), such excess proceeds of a sale of honey are needed celerated upon request of the producer amount shall be paid to the producer. *0,^ 1pay a11 or Part of a loan, see Any payment due the producer on either § 1434.18. and the acceleration is approved by CCC, the settlement value of the honey shall a loan or purchase will be made by sight (b) Release of chattel mortgage. The be reduced by one-twentieth of a cent draft drawn on CCC by the county office. chattel mortgage shall not be released (d) Payment of deficiency by pro­ until the loan has been satisfied in full. per pound per month or fraction thereof, from the date delivery is accomplished, ducer. If the settlement value of the ter satisfaction of a loan, the county honey is less than the amount due on ffice manager shall release the chattel or from the final date for delivery shown mortgage. tiie loan (excluding interest), the in the delivery instructions, whichever is amount of any deficiency plus interest

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5208 RULES AND REGULATIONS thereon shall be paid to CCC. If it is not such collateral honey being acquired by [Arndt. 4] promptly paid, CCC may, in addition to CCC as provided in paragraph (b) of this PART 1468— MOHAIR any of its other rights, satisfy the amount section. of such deficiency plus interest out of any (d) Honey sold at less than amount Subpart— Payment Program for payment- which would otherwise be due due on loan^li honey is removed from Mohair storage by CCC and is sold pursuant to the producer under any agricultural pro­ P a y m e n t an d D e d u c t io n R a t e s f o r 1967 gram administered by the Secretary of paragraph (a) of this section at less M a r k e t in g Y ear Agriculture or any other payments which than the amount due on the loan (ex­ are due or may become due the producer cluding interest), the producer shall pay It is necessary to include the payment from CCC or any other agency of the CCC the amount by which the settlement rate for the 1967 marketing year in the United States. value (or, if higher, the sales proceeds) regulations issued by Commodity Credit (e) Storage where CCC is unable toof the honey removed by CCC is less Corporation containing the requirements take delivery. A producer may be re­ than the amount of the loan, plus inter­ with respect to the payment program for quired to retain the honey under loan or est on such amount. The amount of the mohair, as amended (31 F.R. 5817,15234; for sale to CCC for 60 days after the loan deficiency may be set off against any 32 F.R. 4568, 16391). Accordingly, 7 CFR maturity date without any cost to CCC. payment which would otherwise be due Part 1468 is further amended as follows: However, if CCC is unable to take de­ the producer under any agricultural pro­ 1. Section 1468.258 is amended by add­ livery of the honey within the 60-day gram administered by the Secretary of ing a new paragraph (c) reading as period after the loan maturity date, the Agriculture, or any other payments follows: producer shall be paid a storage payment which are due or may become due the producer from CCC or any other agency § 1468.258 Rate o f payment. upon delivery of the honey to CCC. The ***** period for earning such storage payment of the United States. shall begin the day following the expira­ (c) The national average price re­ § 1434.28 Charges not to be assumed by ceived by producers for mohair marketed tion of the 60-day period after such CCC. maturity date and extend through the during the 1967 marketing year was 40.9 earlier of: (1) The final date of delivery, CCC will not assume any charges for cents a pound, grease basis, which was or (2) the final date for delivery as speci­ insurance, storage, or handling or 35.5 cents a pound below the price sup­ fied in the delivery instructions issued to processing. port level of 76.4 cents announced for the producer by the county office, which­ § 1434.29 Handling payments and col­ that year. Therefore, the rate of pay­ ever is earlier. The storage payment shall lections not exceeding $3. ment for the 1967. marketing year is 86.8 percent. be computed at the storage rate stated In order to avoid administrative costs in the applicable CCC storage agreement of making small payments and handling 2. Section 1468.267 is amended by add­ for honey in effect at the delivery point small accounts, amounts of $3 or less ing a new paragraph (c) reading as where he delivers. which are due the producer will be paid follows: § 1434.27 Foreclosure. only upon his request. Deficiencies of § 1468.267 Deductions for promotion. $3 or less, including interest, may be (a) Removal from storage. If the loan * * * * * (i.e., the amount of the note, interest and disregarded unless demand for payment is made by CCC. (c) For the 1967 marketing year, a charges) is not satisfied upon maturity, deduction will be made from each pay­ CCC may remove the honey from stor­ § 1434.30 Death, incompetency, or dis­ age, and assign, transfer, and deliver the appearance. ment at the rate of 1.5 cents a pound of honey or documents evidencing title In the case of the death, incompetency, mohair, grease basis. Those funds will thereto at such time, in such manner, or disappearance of any producer who is be used to finance advertising and sales and upon such terms as CCC may de­ entitled to the payment of any sum under promotion programs approved by the termine, at public or private sale. Any a loan or purchase, payment of such sum Department of Agriculture pursuant to such disposition may similarly be effected upon proper application to the office of section 708 of the National Wool Act of without removing the honey from stor­ the county committee which made the 1954, as amended. age. The honey may be processed before loan shall be made to the person or per­ sale. CCC may become the purchaser of sons who would be entitled to such pro­ (Sec. 4. 62 Stat. 1070, sec. 5, 62 Stat. 1072, the whole or any part of honey here­ ducer’s payment under the regulations secs. 702-708, 68 Stat. 910-912, as amended, under at either a public or private sale. contained in Chapter VII, Agricultural secs. 401-403. 72 Stat. 994-995, sec. 151, 75 (b) When CCC takes title to honey. Stat. 306, sec. 201, 79 Stat. 1188; 15 U.S.C. Stabilization and Conservation Service 714b, 15 U.S.C. 714c, 7 U.S.C. 1781-1787, as Upon maturity and nonpayment of the (Agricultural Adjustment), Department producer’s note, at CCC’s election, title am ended) of Agriculture, §§ 707.1 to 707.7 of this Effective date. This amendment shall to all or any part of the unredeemed title (Payments of Amounts Due Per­ honey securing the note as CCC may sons Who Have Died, Disappeared or become effective upon publication in the designate shall, without a sale thereof, Have Been Declared Incompetent) (30 F ederal R e g is t e r . immediately vest in CCC. Whenever CCC F.R. 6246, May 5, 1965). acquires title to the unredeemed honey; Signed at Washington, D.C., on March CCC shall have no obligation to pay for § 1434.31 ASCS Commodity Office and 25, 1968. any market value which such honey may Data Processing Center. H. D. G o d f r e y , have in excess of the loan indebtedness, Executive Vice President, The Minneapolis Commodity Office Commodity Credit Corporation. i.e., the unpaid amount of the note plus serves all States for honey. Accounting, interest and charges. recording, and reporting for all States [F.R. Doc. 68-3823; Filed, MarT 29, 1968; (c) Payments to producer. Nothing will be handled through the Data Proc­ 8 :4 7 a.m.] herein shall preclude the making of the essing Center, Post Office Box 205, Kansas following payments to the producer or to his personal representative only, with­ City, Mo. 64141. [Arndt. 4] out right of assignment to or substitu­ Effective date. Upon publication in the PART 1472— WOOL tion of any other party: (1) Any amount F ederal R e g is t e r . Subpart— Payment Program for Shorn by which the settlement value of the Signed at Washington, D.C., on collateral honey exceeds the principal Wool and Unshorn Lambs (Pulled amount of the loan, or (2) the amount by March 26,1968. H. D. G o d f r e y , Wool) which the proceeds of sale exceed the Executive Vice President, P a y m e n t R a t e s f o r 1967 M a r k e t in g Y ear loan indebtedness including interest and Commodity Credit Corporation. charges if the collateral honey is sold to It is necessary to include the payment [FJt. Doc. 68-3822; Filed, Mar. 29, 1968; third persons as provided in paragraph rates for the 1967 marketing year in the (a) of this section instead of full title to 8 :4 7 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5209 regulations issued by Commodity Credit Mississippi. Alcorn, Amite, Attala, Benton, Corporation containing the requirements Title 9— ANIMALS AND Bolivar, Calhoun, Chickasaw, Choctaw, with respect to the payment program Clarke, Clay, Coahoma, Copiah, Covington, De Soto, Forrest, Franklin, George, Greene, for shorn wool and unshorn lambs ANIMAL PRODUCTS Grenada, Hancock, Harrison, Humphreys, (pulled wool), as amended (31 F.R. 4582, Itawamba, Jackson, Jasper, Jefferson, Jeffer­ 15234; 32 F.R. 4568, 16391). Accordingly, Chapter I— Agricultural Research son Davis, Jones, Kemper, Lamar, Lauder­ 7 CFR Part 1472 is further amended as Service, Department of Agriculture dale, Lawrence, Leake, Lee, Lincoln, Lowndes, follows: Marion, Monroe, Montgomery, Neshoba, New­ SUBCHAPTER C— INTERSTATE TRANSPORTATION 1. Section 1472.1208 is amended by ton, Noxubee, Oktibbeha, Pearl River, Perry, OF ANIMALS AND POULTRY Pike, Pontotoc, Prentiss, Quitman, Rankin, adding a new paragraph (c) reading as Scott, Simpson, Smith, Stone, Sunflower, follows: PART 78— BRUCELLOSIS Tate, Tippah, Tishomingo, Tunica, Union, § 1472.1208 Rate o f payment. Subpart D— Designation of Modified Walthall, Washington, Wayne, Webster, Wil­ kinson, Winston, and Yalobusha Counties; * * * * * Certified Brucellosis Areas, Public Missouri. The entire State; (c) The national average price re­ Stockyards, Specifically Approved Montana. The entire State; ceived by producers for shorn wool Stockyards, and Slaughtering Es­ Nebraska. Adams, Antelope, Arthur, Ban­ ner, Boone, Buffalo, Burt, Butler, Cass, Cedar, marketed during the 1967 marketing year tablishments was 39.8 cents a pound, grease basis, Chase, Cheyenne, Clay, Colfax, Cuming, Custer, Dakota, Dawson, Deuel, Dixon, Dodge, M o d if ie d C e r t if ie d B r u c e l l o s is A r eas which was 26.2 cents a pound below the Douglas, Dundy, Fillmore, Franklin, Frontier, price support level of 66 cents announced Pursuant to § 78.16 of the regulations Furnas, Gage, Gosper, Greeley, Hall, Ham­ for that year. Therefore, the rate of pay­ in Part 78, as amended, Title 9, Code ilton, Harlan, Hayes, Hitchcock, Howard, ment for the 1967 marketing year is 65.8 of Federal Regulations, containing re­ Jefferson, Johnson, Kearney, Keith, Kimball, percent. strictions on the interstate movement of Knox, Lancaster, Madison, Mefrick, Nance, 2. Section 1472.1221 is amended by animals because of brucellosis, under Nemaha, Nuckolls, Otoe, Pawnee, Perkins, Phelps, Pierce, Platte, Polk, Red Willow, adding a new paragraph (d) reading sections 4, 5, and 13 of the Act of May 29, Richardson, Saline, Sarpy, Saunders, Seward, as follows: 1884, as amended; sections 1 and 2 of the Sherman, Sioux, Stanton, Thayer, Thurston, § 1472.1221 Price support payments. Act of February 2,1903, as amended, and Valley, Washington, Wayne, W ebster, Wheeler, and York Counties; * * * • * section 3 of the Act of March 3, 1905, as Nevada. The entire State; (d) 1967 marketing year. The rate of amended (21 U.S.C. 111-113,114ar-l, 120, New Hampshire. The entire State; payment on unshorn lambs sold during 121, 125), § 78.13 of said regulations des­ New Jersey. The entire State; New Mexico. The entire State; the 1967 marketing year is $1.05 per ignating modified certified brucellosis hundredweight of live lambs based on a New York. The entire State; areas is hereby amended to read as fol­ North Carolina. The entire State; difference of 26.2 cents a pound between North Dakota. The entire State; the announced price support level of 66 lows: Ohio. The entire State; cents and the national average price of § 78.13 Modified certified brucellosis Oklahoma. Adair, Alfalfa, Atoka, Beaver, 39.8 cents a pound received by producers areas. Bryan, Canadian, Cherokee, Choctaw, Cimar­ for shorn wool during the 1967 mar­ ron, Coal, Craig, Delaware, Garfield, Grant, The following States, or specified Greer, Harmon, Harper, Haskell, Jackson, keting year (§ 1472.1208(c)). portions thereof, are hereby designated Johnston, Kay, Kingfisher, Kiowa, Latimer, 3. Section 1472.1246 is amended by as modified certified brucellosis areas: Le Flore, McCurtain, McIntosh, Major, Mar­ adding a new paragraph (c) reading as shall, Mayes, Murray, Muskogee, Noble, Alabama. The entire State; Nowata, Okfuskee, Oklahoma, Okmulgee, follows: Alaska. The entire State except Chirikof Osage, Ottawa, Pawnee, Payne, Pontotoc, § 1472.1246 Deductions for promotion. Islands; Pushmataha, Rogers, Sequoyah, Texas, Arizona. T he entire State; Washington, Washita, Woods, and Woodward * a|: * * * Arkansas. The entire State; Counties; (c) For the 1967 marketing year, a California. T he entire State; Oregon. The entire State; Colorado. The entire State; deduction will be made from each shorn Pennsylvania. The entire State; - Connecticut. The entire State; Rhode Island. The entire State; wool payment at the rate of 1.5 cents a Delaware. The entire State; South Carolina. The entire State; pound of wool, grease basis, and from Florida. Baker, Bay, Bradford, Calhoun, South Dakota. Beadle, Bennett, Brookings, Citrus, Clay, Collier, Columbia, Dade, Dixie, Brown, Buffalo, Butte, Campbell, Clark, Clay, each unshorn lamb payment at the rate Duval, Escambia, Flagler, Franklin, Gadsden, Codington, Corson, Custer, Day, Deuel, Ed­ of 7.5 cents per hundredweight of live Gilchrist, Gulf, Hamilton, Hendry, Hernando, munds, Fall River, Faulk, Grant, Haakon, lambs. Those funds will be used to Holmes, Jackson, Jefferson, Lafayette, Lake, Hamlin, Hand, Hanson, Harding, Jackson, Lee, Leon, Levy, Liberty, Madison, Manatee, Jerauld, Kingsbury, Lake, Lawrence, Lincoln, finance the advertising and sales promo­ Monroe, Nassau, Okaloosa, Pinellas, Putnam, McCook, McPherson, Marshall, Meade, Mel­ tion program approved by the Depart­ Santa Rosa, Sarasota, Sumter, Suwannee, lette, Miner, Minnehaha, Moody, Pennington, ment of Agriculture pursuant to sec­ Taylor, Union, Wakulla, Walton, and Wash­ Perkins, Roberts, Sanborn, Shannon, Spink, ington Counties; Todd, Turner, Union, Walworth, Washa- tion 708 of the National Wool Act of 1954, Georgia. The entire State; baugh, Yankton, and Ziebach, Counties; and as amended. Hawaii. Honolulu, Kauai, and Maui Coun­ Crow Creek Indian Reservation; ties; (Sec. 4, 62 Stait. 1070, sec. 5, 62 Stat. 1072, Tennessee. The entire State; Idaho. The entire State; secs. 702—708, 68 Stat. 910—012, as amended, Texas. Andrews, Archer, Armstrong, Atas­ Illinois. The entire State; cosa, Bailey, Bandera, Baylor, Bell, Bexar, secs. 401-403, 72 Stat. 994-995, sec. 151, 75 Indiana. The entire State; Stat. 306, sec. 201, 79 Stat. 1188; 15 U.S.C. Blanco, Borden, Bosque, Brewster, Briscoe, Iowa. The entire State; 714b, 15 U.S.C. 714c, 7 U.S.C. 1781-1787, as Brooks, Brown, Burnet, Caldwell, Callahan* amended) Kansas. The entire S tate; Cameron, Camp, Carson, Castro, Childress, Kentucky. The entire State; Cochran, Coke, Coleman, Collingsworth, Effective date. This amendment shall Louisiana. Ascension, Assumption, Bien­ Comal, Comanche, Concho, Coryell, Cottle, become effective upon publication in the ville, Claiborne, Iberia, Jackson, Jefferson, Crane, Crockett, Crosby, Culberson, Dallam, Lafayette, Lafourche, Lincoln, Livlng&ton, Dawson, Deaf Smith, Dickens, Donley, Duval, F ederal R e g ist e r . St. Charles, St. Helena, St. James, St. John Eastland, Ector, Edwards, El Paso, Erath, Signed at Washington, D.C., on the Baptist, St. Mary, St. Tammany, Tangi­ Falls, Fisher, Floyd, Foard, Freestone, Gaines, pahoa, Tensas, Terrebonne, Union, Vernon, Garza, Gillespie, Glasscock, Gray, Guadalupe, March 25,1968. Washington, Webster, West Baton Rouge, Hale, Hall, Hamilton, Hansford, Hardeman, H . D. G o d f r e y , West Feliciana, and Winn Parishes; Hartley, Haskell, Hays, Hidalgo, Hockley, Executive Vice President, Maine. The entire State; Hood, Howard, Hudspeth, Hutchinson, Irion, Commodity Credit Corporation. Maryland. The entire State; Jack, Jeff Davis, Jim Hogg, Jim Wells, Jones, Massachusetts. T h e entire State; Karnes, Kendall, Kent, Kerr, Kimble, King, [F.R. Doc. 68-3824; Piled, Mar. 29, 1968; Michigan. The entire State; Kinney, Knox, Lamb, Lampasas, Lee, Lips­ 8 :4 7 a.m .] Minnesota. The entire State. comb, Live Oak, Llano, Loving, Lubbock,

No. 63- FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 3D, 196« 5210 RULES AND REGULATIONS

Lynn, Martin, Mason, Maverick, McCulloch, Chapter Id— Consumer and Market­ § 316.13 Marking o f meal food prod­ McLennan, Medina, Menard, Midland, Milam, ing Service, Department of Agri­ ucts in casings. Mills, Mitchell, Moore, Morris, Motley, Nolan, ***** Ochiltree, Oldham, Palo Pinto, Parker, culture Parmer, Pecos, Potter, Presidio, Randall, Rea­ (e) When approved antioxidants are gan, Real, Reeves, Roberts, Runnels, Saline, SUBCHAPTER A— MEAT INSPECTION added to dried sausage in casings, fresh San Augustine, San Saba, Schleicher, Scurry, REGULATIONS pork sausage, or dehydrated meats, the Shackelford, Shelby, Sherman, Somervell, PART 316— MARKING, BRANDING products shall be legibly and conspicu­ Stephens, Sterling, Stonewall, Sutton, ously marked in an approved manner to Swisher, Taylor, Terrell, Terry, Throck­ AND IDENTIFYING PRODUCTS morton, Tom Green, Travis, Upton, Uvalde, show their presence and the purpose for Val Verde, Ward, Washington, Wheeler, W il­ PART 317— LABELING which they are added, for example, with liamson, Wilson, Winkler, Yoakum, Young, the statement “oxygen interceptor added and Zapata Counties; PART 318-—REINSPECTION AND to improve stability.”

Utah. The entire State; PREPARATION OF PRODUCTS * * * * * Vermont. The entire State; Virginia. The entire State; Miscellaneous Amendments 2. Paragraph (c) of § 317.8 is amended Washington. The entire State; by adding a new subparagraph (71) to West Virginia. The entire State; On June 13, 1967, there was published read: Wisconsin. The entire State; in the F ederal R e g is t e r (32 F.R. 8420- Wyoming. Albany, Big Horn, Campbell, 8422) a notice of proposed amendments § 317.8 False or deceptive labeling and Carbon, Converse, Crook, Fremont, Goshen, of Parts 316, 317, and 318 of the Federal practices. Hot Springs, Johnson, Laramie, Lincoln, Meat Inspection Regulations (9 CFR * * * * * Natrona, Niobrara, Park, Platte, Sublette, Parts 316, 317, and 318) prescribing the Sweatwater, Teton, Uinta, Washakie, and (c) * * * Weston Counties; conditions for use of certain chemicals (71) Sausage of the dry varieties Puerto Rico. The entire area; and in the processing of products under the treated with potassium sorbate or pro­ Virgin Islands of the United States. The Federal Meat Inspection Act. After due pylparaben (propyl p-hydroxybenzoate) entire area. consideration of all relevant matters in connection with such notice and under as permitted by Part 318 of this sub­ (Secs. 4, 5, 23 Stat. 32, as amended, secs. 1, 2, chapter, shall bear branding or labeling 32 Stat. 791-792, as amended, sec. 3, 33 Stat. the authority of the Federal Meat In­ 1265, as amended, sec. 2, 65 Stat. 693; 21 spection Act (21 U.S.C. 71-91 and Public disclosing such treatment and the pur­ U.S.C. 111-113, 114ar-l, 120, 121, 125; 29 F.R. Law 90-20'l), Parts 316, 317, and 318 of pose thereof, such as “dipped in a po­ 16210, as amended; 0 CFR 78.16) said regulations are amended as shown tassium sorbate solution to retard mold in 1,2, and 3. Effective date. The foregoing amend­ growth.” ment shall become effective upon pub­ These amendments, which are consist­ § 318.7 [Amended] lication in the F ederal R e g is t e r . ent with the policy of providing full The amendment adds the following consumer protection under the Meat In­ 3. In subparagraph (4) of paragraph additional areas to the list of areas desig­ spection Program, will afford greater (b) of § 318.7 (amended) the chart is nated as modified certified brucellosis flexibility in the choice of materials used in processing and will facilitate the pro­ amended as follows: areas because it has been determined that a. The portion of the ehart dealing such areas come within the definition of duction of more acceptable products. § 78.1 (i) : The entire States of Alabama 1. Paragraph (e) of § 316.13 is re­with class of substance “Emulsifying and Colorado; Kodiak and Sitkalidak vised to read: agents” is amended to read as follows: Islands in Alaska; Collier, Hernando, and Lake Counties in Florida; West Feliciana Class of substance Substance Purpose Products Amount Parish in Louisiana; Rankin and'Wash­ ington Counties in Mississippi; Arthur Emulsifying agents__ Acetylated mono­ To emulsify product- Shortening...... Sufficient for purpose. and Keith Counties in Nebraska; Le glycerides. Diacetyl tartaric ____ do...... Rendered animal Do. Flore, Murray, Muskogee, and Woodward acid esters of fat or a combina­ Counties in Oklahoma; and Maverick, mono and diglyc- tion of such fat erides. with vegetable fat. McLennan, and Morris Counties in Texas. Glycerollacto ...... d o ...... Rendered animal' Do. The amendment imposes certain re­ stearate, oleate, or fat or a combina­ palmitate. tion of such fat strictions necessary to prevent the spread with vegetable fat. of brucellosis in cattle and relieves cer­ Lecithin...... To emulsify product Oleomargarine, Do. (also as anti­ shortening. tain restrictions presently imposed. It oxidant). should be made effective promptly in or­ Mono and diglyO: To emulsify product. Rendered animal Sufficient for purpose erides (glycerol fat or a combina­ in lard and shorten­ der to accomplish its purpose in the pub­ palmitate etc.). tion of such fat ing; 0.5% in oleo­ lic interest and to be of maximum benefit with vegetable fat. margarine. to persons subject to the restrictions Polyglycerol esters ...... do...... Rendered animal Sufficient for purpose. of fatty acids fat or a combina­ which are relieved. Accordingly, under (Polyglycerol es­ tion of such fat the administrative procedure provisions ters of fatty acids with vegetable are restricted to fat when use is of 5 U.S.C. 553, it is found upon good those up to and not precluded by cause that notice and other public proce­ including the by standards of decaglycerol es­ identity. dure with respect to the amendment are ters and other­ impracticable and contrary to the public wise meeting the interest, and good cause is found for requirements-of section 121.1120 making the amendment effective less (a) of the Food than 30 days after publication in the Additive Regula­ tions). F ederal R e g is t e r . Polysorbate 80 ...... do...... Shortening for use 1% when used alone. (polyoxyethyl­ in nonstandardr If used with poly­ Done at Washington, D.C., this 27th ene (20) sorbitan ized baked goods, sorbate 60 the com­ monooleate). baking mixes, bined total shall not day of March 1968. icings, fillings and exceed 1%. E. E. S atjlm on, toppings and in Director, Animal Health Divi­ the frying of foods. sion, Agricultural Research Propylene glycol ...... do...... -< Rendered animal Sufficient for purpose. Service. mono and fat or a combi­ diesters of fats nation of such [F.R. DOC. 68-3865; Filed., M ar. 29, 1968; and fatty acids. fat with vege­ 8:50 a.m.] table fat.

IEDE8AL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 Class of substance Substance Purpose Products Amount Class of substance Substance Purpose Products Amount

Polysorbate 60 Shortening for use 1% when used alone: Sodium or potas­ To fix color...... Two lbs. to 100 gals, (polyoxyethylene in nonstandard- If used with poly­ sium nitrite (20) sorbitan ized baked goods, pickle at 10% pump sorbate 80 the com­ (supplies of level; 1 oz. to 100 monosterate): baking mixes, bined total shall sodium nitrite icings, fillings, lbs. meat (dry not exceed 1%. and potassium cure) M oz. to 100 and toppings nitrite and mix­ and in the frying lbs. chopped meat tures containing and/or meat by­ of foods. them must be Steryl-2-lactylio Shortening to be product. The use 3.0%: kept securely of nitrites, nitrates acid. used for cake under the care of icings and fillings. or combination a responsible shall not result in Steryl mono- ...... do...... Shortening...... Sufficient for purpose; employee of the glyceridyl citrate: more than 200 establishment. ppm. nitrite in The specific finished product. nitrite content of b. The portion of the chart dealing with “Curing agents" is amended to read as such supplies follows: must be known and clearly marked accord­ ingly). Class of substance Substance Purpose Products Amount

Curing agents. Ascorbic acid. To accelerate color Cured pork and 75 ozs. to 100 gals, U. m e portion oi tne enart dealing witn the class of substance designated fixing or preserve beef outs, cured pickle at 10% pump cellaneous” is amended to read as follows: color during comminuted level; % oz. to 100 storage. meat food lbs. meat or meat product. byproduct; 10% Class of substance Substance Purpose Products Amount

solution to surfaces REGULATIONS AND RULES of cured cuts prior to packaging (the Miscellaneous...... Potassium sorbate.. 2.5% in water solution use of such solution growth. may be applied to shall not result in casings after stuffing the addition of a or casings may be significant amount dipped in solution of moisture to the prior to stuffing. product). Propylparaben ...... do...... Frythorblc acid, .►...do______3.5% in water solution ___.do______Do. (propyl p-hy- ' may be applied to ducono delta To accelerate color Cured, commi­ 8 ozs. to each 100 lbs. droxybenzoate). lactone. fixing. casings after stuffing nuted meat or of meat or meat or casings may be meat food byproduct. dipped in solution product. Sodium ascorbate... To accelerate color prior to stuffing. Cured pork and 87.5 ozs. to 100 gals, Sodium bicarbonate. To neutralize excess ^Rendered fats, Sufficient for purpose. fixing or preserve beef cuts, cured pickle at 10% pump acidity, cleaning soups, curing color during comminuted level; % ozs. to 100 vegetables. pickle. storage. meat food lbs. meat or meat Calcium propionate. To retard mold Pizza crust...... 10.32% alone or in com- product. byproduct; 10% 1 bination based on solution to surfaces growth. Sodium propionate.. | weight of the flour of cured cuts prior J used. to packaging (the use of such solution shall not result in the addition of a d. The portion of the chart dealing with the class of substance “Synergists (used significant amount in combination and antioxidants) ” is amended to read as follows: of moisture to the product). Sodium erythor- .do. do. Do. Class of substance Substance Purpose Products Amount bate. Citric acid or .do. do. May be used in cured sodium citrate: products or in 10% Synergists (used in Citric acid...... To increase effec­ Lard and shorten­ 0.01 % alone or in solution used to combination with tiveness of anti­ ing. combination with spray surfaces of antioxidants). oxidants. antioxidants in lard cured cuts prior to or shortening. packaging to replace Dry sausage...... 0.001 % in dry sau­ up to 50% of the sage in combination ascorbic acid, ery- with antioxidant. thorbic acid, sodium Fresh pork 0.01 % on basis of fat ascorbate, or sodium sausage.- content, in combi­ erythorbate that is nation with anti­ used. oxidants. Sodium or potas­ Source of nitrite. Cured products. 7 lbs. to 100 gals, Dried meats...... 0.01 % on basis of sium nitrate. pickle; ozs. to 100 total weight in com­ lbs. meat (dry cure); bination with 2% ozs. to 100 lbs. antioxidants. chopped meat. 5211 FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5212 5212 f. The portion of the chart dealing with the class of substance “Artificial sweeteners” is amended to read as follows: Class of substance Substance Purpose Products Amount

Class of substance Substance Purpose Products Amount Monoisopropyl To increase effec­ Lard, shortening, 0.02 %.’ citrate. tiveness of anti­ oleomargarine, oxidants. fresh pork sau­ To sweeten product. 0.01 percent. sage, dried meats. Bacon...... 0.15 percent. Phosphoric acid...... Lard and shorten­ 0.01 %; 0.03 percent. ing. Bacon...... 0.15 percent. Monoglyceride ...... do...... Lard, shortening, 0.02 %; 0.03 percent. citrate. fresh pork sau­ sage, dried meats. g. In the portion of the chart dealing with the classes of substances “Cooling and e. The portion of the chart dealing with the class of substance “Antioxidants and retort water treatment agents” and “Hog scald agents” the following information oxygen interceptors” is amended to read as follows: is inserted in the appropriate columns in alphabetical order:

Products k Amount Class of substance Substance Purpose Produots Amount Class of substance Substance Purpose

0.05 percent. BHA (butylated To retard rancidity. Dry sausage...... 0.003% based' Cooling and retort Sodium n-alkylbenzene sulfo­ To prevent stain­ Antioxidants and ing on canned oxygen inter­ hydroxyanisole). on total water treatment nate (alkyl group predomi­ goods. ceptors. weight. agents. nantly Cu and Cu and not BHT (butylated 0.003% based less than 96 percent Gio to hydroxytoluene) ; on total 0.006% Cu). weight...... do...... Sufficient for 0.003% based com­ purpose. Nordihydro- ...... do...... Do. guaiaretic acid on total bina­ Hog scald agents... Sodium n-alkylbenzene sul­ To remove hair___ Hog carcasses____ Do. (NDGA). Weight. tion. REGULATIONS AND RULES 0.003% based fonate (alkyl group pre­ on total dominantly Cu and Cu weight. and not less than 95 per­ 0.01%. cent Cio to Cu). , BHA (butylated Rendered animal ...... do...... Do. hydroxyanisole). fat or a combina­ ...... do...... Do. tion of such fat and vegetable fat. 0.02% BHT (butylated 0.01%. in hydroxytoluene) ; ■ com­ (34 Stat. 1260-1265, as amended; 21 U.S.C. Done at Washington, D.C., this 22d 0.01%. bina­ 71-91, and Public Law 90-201, 29 F.R. 16210, day of March 1968. Nordihydro- 0.01%. tion. as amended; 32 F.R. 11741) guaiaretic acid R o d n e y B. L eo n a r d , (NDGA). The foregoing amendments are sub­ A dministrator. stantially the same as proposed in the t%. A 30% concen- notice of rule making except that they [F.R. Doc. 68-3701; Filed, Mar. 29, 1968; 8:4 5 a.m.] authorize the limited use of the anti­ s used when added 3 an antioxidant to oxidants, BHT (butylated hydroxy- roducts designated s “lard” or “ren- toluene) , propyl gallate and nordihydro- ered pork fat.” guaiaritic acid (NDGA) in dry sausage. Title 10— ATOMIC ENERGY BHA (butylated Fresh pork sausage. L% based ‘ hydroxyanisole) ; i fat This relieves a restriction on the use of ntent. 0.02% in such antioxidants, and it does not ap­ Chapter I— Atomic Energy BHT (butylated y0 based com­ hydroxytoluene) ; l fat bina­ pear that further public rule-making Commission ntent. tion ...... do...... % based based procedure with respect to the amend­ MISCELLANEOUS AMENDMENTS TO l fat on fat ntent. con­ ments would make additional informa­ CHAPTER Nordihydro- ...... do...... y0 based tent. tion available to the Department. guaiaretic acid l fat Notice is hereby given of the amend­ (NDGA). intent. Therefore, in accordance with the ad­ ment of 10 CFR Parts 1, 20, and 115. BHA (butylated Dried meats...... y0 based ministrative procedure provisions in 5 hydroxyanisole). l total Amendments of Part 1 correct a cross- eight. U.S.C. 553, it is found upon good cause reference in §1.7 to read “ § 1.6(b).” BHT (butylated % based hydroxytoluene) ; l total 0.01% in that additional public rule-making pro­ rather than “ § 1.16(b).” and revise'the eight. com­ cedure with respect to the amendments addresses of the Compliance Regional ...... do...... % based bina­ Offices listed in § 1.6(c) of Part 1. 1 total tion. is impracticable and unnecessary. eight. Amendments of Part 20 revise the ad­ Nordihydro- An % based These amendments will become effec­ dresses and telephone numbers of the guaiaretio add i total (NDGA). tive 30 days after publication in the Compliance Regional Offices listed in F ederal R e g is t e r . Appendix D of Part 20.

FEDERAL REGISTER, VOL. 33,~NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5213

The amendment of Part 115 corrects a PART 115— PROCEDURES FOR RE­ tions is to realign the segment of Blue cross-reference in § 115.3(j) to read VIEW OF CERTAIN NUCLEAR RE­ Federal airway No. 38 between Five “subsection llz.” of the Act rather than ACTORS EXEMPTED FROM LI­ Fingers, Alaska, and Gustavus, Alaska, “section llx ” of the Act. via the Sisters Island radio beacon would Because these amendments relate CENSING REQUIREMENTS beacon. The realignment of this airway solely to correction and minor procedural 4. Paragraph 115.3(j) of 10 CFR Part via the Sisters Island radio beacon would matters, notice of proposed rule making 115 is amended by deleting “section llx provide more precise navigational guid­ and public procedure thereon are un­ of the Act” and substituting therefor ance for air traffic utilizing this airway necessary and good cause exists to make “subsection llz. of the Act”. segment. the amendments effective upon publica­ (Sec. 161, 6 8 Stat. 948; 42 U.S.C. 2201) Since this realignment of Blue 38 will tion in the F ederal R e g is t e r . not alter the extent of controlled air­ Accordingly, pursuant to the Atomic Dated at Washington, D.C., this 19th space, notice and public procedure Energy Act of 1954, as amended, and sec­ day of March 1968. hereon are unnecessary. However, since tions 552 and 553 of Title 5 of the United For the Atomic Energy Commission. it is necessary that sufficient time be al­ States Code, the following amendments lowed to permit appropriate changes to of 10 CFR Parts 1, 20, and 115 are pub­ W . B . M cC o o l , be made on aeronautical charts, this lished as a document subject to codifica­ Secretary. amendment will become effective more tion, to be effective upon publication in [F.R. Doc. 68-3797; Piled, Max. 29, 1968; than 30 days after publication. the F ederal R e g is t e r . 8 :4 5 a.m .] In consideration of the foregoing, Part 71 of the Federal Aviation Regulations is PART 1— STATEMENT OF ORGANIZA­ amended, effective 0001 e.s.t., May 23, TION, DELEGATIONS, AND GEN­ 1968, as hereinafter set forth. ERAL INFORMATION Title 14— AERONAUTICS AND In § 71.109 (33 F.R. 2007) B-38 is 1. The addresses of the Compliance amended by deleting “Gustavus, Alaska, SPACE R R ;” and substituting “Sisters Island, Regional Offices listed in § 1.6(c) of 10 Chapter I— Federal Aviation Admin­ Alaska, RBN; Gustavus, Alaska, R R ;” CFR Part 1 are revised to read as follows: therefor. istration, Department of Transpor­ Region I, Division of Compliance, USAEC, tation (Sec. 307(a), Federal Aviation Act of 1958; 970 Broad Street, Newark, N.J. 07102. 49 U.S.C. 1348) [Airspace Docket No. 68-SW -20] Region II, Division of Compliance, USAEC, Issued in Washington, D.C., on March Suite 818, 230 Peachtree Street NW., pa rt 71— designation o f fed er a l 20, 1968. Atlanta, Ga. 30303. AIRWAYS, CONTROLLED AIRSPACE, T. M cC o r m a c k , Region III, Division of Compliance, USAEC, AND REPORTING POINTS Acting Chief, Airspace and 799 Roosevelt Road, Glen Ellyn, 111. 60137. Air Traffic Rules Division. Region IV, Division of Compliance, USAEC, Alteration of Control Zone [F.R. Doc. 68-3808; Filed, Mar. 29, 1968; 10395 West Colfax Avenue, Denver, Colo. 8 :4 5 a.m .] 80215. The purpose of this amendment is to Region V, Division of Compliance, USAEC, alter the description of the Abilene, Tex. (Dyess AFB), control zone. 2111 Bancroft Way, Berkeley, Calif. 94704. [Airspace Docket No. 68-WE-13] The present description includes spe­ 2. Paragraph (a) of § 1.7 of 10 CFR cific reference to the Dyess VOR navi­ PART 71— DESIGNATION OF FEDERAL Part 1 is amended by deleting “each of gational facility; however; the name of AIRWAYS, CONTROLLED AIRSPACE, the field offices listed in § 1.16(b).” and this facility has now been changed to AND REPORTING POINTS substituting therefor “each of the field the Tuscola VOR. As this amendment imposes no addi­ Alteration of Control Zone offices listed in § 1.6(b).” tional burden on any person, notice and On February 21, 1968, Final Rule, F.R. public procedures hereon are unneces­ Doc. 68-2118, was published in the F e d ­ sary and the amendment may be made PART 20— STANDARDS FOR PROTEC­ eral R e g is t e r (33 F.R. 3216), amending effective immediately. TION AGAINST RADIATION Part 71 of the Federal Aviation Regula­ In consideration of the foregoing, Part tions altering the description of the 3. The addresses and telephone num­ 71 of the Federal Aviation Regulations is Chico, Calif., control zone. The amend­ bers of the Compliance Regional Offices amended, effective immediately, as here­ ment was necessary due to a change in in Appendix D are revised to read as inafter sgt forth. the VOR approach procedure for Chico, follows: In § 71.171 (33 F.R. 2058) the Abilene, Calif., Municipal Airport changing the Tex. (Dyess AFB), control zone is final approach radial from 290 °M amended by deleting “Dyess VOR” and (308°T) to 298°M (316°T). Telephone substituting “Tuscola VOR” therefor. Since the Chico, Calif., control zone is Address (Sec. 307(a), Federal Aviation Act of 1958; effective during specific dates and times Daytime Nights and 49 U.S.C. 1348) established in advance by a Notice to holidays Issued in Fort Worth, Tex., on Airmen, it is necessary to amend the Region I, Division of 201-645-3960 212-989-1000 March 20, 1968. description of the Chico, Calif., transi­ Compliance, USAEC, 970 Broad St., tion area. This amendment is required A . L . C o u l t e r , Newark, N J. 07102. to provide controlled airspace protection Region II, Division of 404-526-4537 404-526-4537 Acting Director, Southwest Region. Compliance, USAEC, for aircraft executing the approach pro­ Suite 818, [F.R. Doc. 68-3807; Filed, Mar. 29, 1968; 230 Peachtree St. NW., 8 :4 5 a.m .] cedure during descent from 1,200 to 700 Atlanta, Ga. 30303. Région III, Division of feet above the surface during the time 312-858-2660 312-858-2660 Compliance, USAEC, [Airspace Docket No. 68-WA-7] the control zone is not effective. 799 Roosevelt Road, ■d ® en EUyn, HI. 60137. Since this amendment is minor in Region IV, Division of PART 71— DESIGNATION OF FEDERAL Complianee, USAEC, 303-297-4211 303-237-5095 AIRWAYS, CONTROLLED AIRSPACE, nature and imposes no additional burden 10395 West Colfax Ave., on any person, notice and public pro­ Denver, Colo. 80215. AND REPORTING POINTS Region V, Division of 415-841-5121 415-841-9244 cedure hereon are unnecessary. Compliance, USAEC, Ext. 651. 2111 Bancroft Way, Alteration of Federal Airway In consideration of the foregoing, F.R. Berkeley, Calif. 94704. The purpose of this amendment to Doc. 68-2118 is amended, effective im­ Part 71 of the Federal Aviation Regula­ mediately, by adding the following:

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5214 RULES AND REGULATIONS

In § 71.181 (33 F.R. 2160) the Chico, Yakutat VORTAC 147° radial; extending [Airspace Docket No. 67-AL-13] Calif., transition area is amended to read from the 15-mile radius area to 18 miles southeast of the VORTAC. PART 71— DESIGNATION OF FEDERAL as follows: Chic» , Calif. (Secs. 307(a), 1110 Federal Aviation Ae$ of AIRWAYS, CONTROLLED AIRSPACE, 1958; 49 U.S.C. 1348, 1510, E.O. 10854; 24 F.R. That airspace extending upward from 700 AND REPORTING POINTS 9565) feet above the surface within a 5-mile radius Alteration of Control Zone and of Chico Municipal Airport (latitude Issued in Washington, D.C., on Transition Area 39°47'45" N., longitude 1 2 1 ° 5 1 ' 2 5 " W .) and March 27,1968. within 2 miles each side of the Chico VOR H . B . H e l s t r o m , On January 24, 1968, a notice of pro­ 316° radial, extending from the 5-mile radius Chief, Airspace and Air area to 8 miles northwest of the VOR, ex­ posed rule making was published in the cluding the portion within a 1 -mile radius Traffic Rules Division. F ederal R e g ist e r (33 F.R. 857) stating of Ranchaero Airport (latitude 39°43'10" N., [FR. Doc. 68-3832; Filed, Mar. 29, 1968; that the Federal Aviation Administration longitude 121°52'10" W .). 8 :4 8 a.m .] was considering amendments to Part 71 Issued in Los Angeles, Calif., on of the Federal Aviation Regulations that March 19, 1968. [Airspace Docket No. 68 -E A —7] L ee E. W a r r e n , would alter the control zone and transi­ Acting Director, Western Region. PART 71— DESIGNATION OF FEDERAL tion area at Annette Island, Alaska. [F.R. Doc. 68-3809; Filed, Mar. 29, 1968; AIRWAYS, CONTROLLED AIRSPACE, Interested persons were afforded an 8 :4 6 a m .] AND REPORTING POINTS opportunity to participate in the pro­ posed rule making through the submis­ Alteration of Federal Airways and sion of comments. No comments were [Airspace Docket N o. 67—AL -23] Reporting Points received. PART 71— DESIGNATION OF FEDERAL The purpose of these amendments to AIRWAYS, CONTROLLED AIRSPACE, In consideration of the foregoing, Part Part 71 of the Federal Aviation Regu­ 71 of the Federal Aviation Regulations AND REPORTING POINTS lations is to change the name of the West Chester, Pa., VORTAC to the is amended, effective 0001 e.s.t., May 23, Alteration of Control Zone and Modena, Pa., VORTAC wherever it ap­ 1968, as hereinafter set forth, Transition Area pears in the descriptions of VOR Fed­ 1. In § 71.171 (33 F.R. 2058), the An­ On January 18, 1968, a notice of pro­ eral airway Nos. 3, 29, 140, 170, 184, and nette Island, Alaska, control zone is posed rule making was published in the 474, and in the description of the Norris amended as follows: F ed er al R e g is t e r intersection, low altitude reporting point. (33 F.R. 635) stating A nnette I sland, Alaska that the Federal Aviation Administration This name change is being made to was considering amendments to Part 71 enhance safety and to preclude possible Within a- 5-mile radius of the Annette of the Federal Aviation Regulations that misunderstanding between the location Island Airport (lat. 55°02'34" N., long. would alter the Yakutat, Alaska, control names of West Chester, Pa., and West­ 131°34'14" W .); within 3 miles each side of zone and transition area. minster, Md., when radio voice trans­ the Annette Island VOR 170° radial, extend­ Interested persons were afforded an missions are being made between aircraft ing from the 5-mile radius zone to 12 miles opportunity to participate in the pro­ and air traffic control facilities. south of the VOR, and within 2 miles each posed rule making through the submis­ Since these amendments are editorial side of the Annette Island VOR 311° radial, sion of comments. No comments were in nature and in the interest of safety, extending from the 5-mile radius zone to 8 received. the Administrator has determined that miles northwest of the VOR. In consideration of the foregoing, Part notice and public procedure thereon are 2. In § 71.181 (33 F.R. 2137) the 71 of the Federal Aviation Regulations is impractical. However, since it is neces­ amended, effective 0001 e.s.t., May 23, sary to allow sufficient time to permit Annette Island, Alaska, transition area 1968, as hereinafter set forth. appropriate changes to be made on is amended as follows: 1. In § 71.171 (33 FJEt. 2058) the aeronautical charts, these amendments A nnette Island, Alaska Yakutat, Alaska, control zone is amended will become effective more than 30 days That airspace extending upward from 700 after publication. to read as follows: feet above the surface within a 14-mile Y akutat, Alaska In consideration of the foregoing, Part radius of the Annette Island VOR; within 5 71 of the Federal Aviation Regulations is Within a 5-mile radius of Yakutat Airport miles southwest of the 331° bearing from the (lat. 59°30'10" N., long. 139°39'40" W .); amended, effective 0001 e.s.t., May 23, 1968, as hereinafter set forth. Gravina Island RBN, extending from the 14- within 2 miles each side of the Yakutat mile radius area to 8 miles northwest of the VORTAC 147° radial, extending from the 1. Section 71.123 (33 F.R. 2009) is RBN; and that airspace extending upward 5 -mile radius zone to 8 miles southeast of amended as follows: In V-3, V-29, V-140, the VORTAC; and that airspace bounded on V-170, V-184, and V-474 wherever the from 1,200 feet above the surface within 6 the northeast by a line 2 miles northeast of name “West Chester” appears the name miles northeast and 9 miles southwest of the and parallel to the 315° bearing from the “Modena” is substituted therefor. Annette Island radio range northwest course, Yakutat RR, on the east and southeast by extending from the RR to 28 miles northwest the 5-mile radius zone, on the south by a 2. Section 71.203 (33 F.R. 2280) is of the RR; and within 14 miles northeast and Una 3 miles south of and parallel to the 283° amended as follows: bearing from the Yakutat RR, and on the a. “West Chester, Pa.” is deleted and 22 miles southwest of the Annette Island west and northwest by the arc of an 8 -m ile “Modena, Pa.” is substituted therefor. VOR 150° radial, extending from the VOR radius circle centered on the Yakutat RR. b. In Norris INT the name “West to 30 miles southeast of the VOR; excluding 2. In § 71.181 (33 F.R. 2137) tile Chester” is deleted and “Modena” is the portion outside the United States. Yakutat, Alaska, transition area is substituted therefor. (Secs. 307(a), 1110 Federal Aviation Act of amended to read as follows: (Sec. 307(a), Federal Aviation Act of 1958; 1958; 49 U.S.C. 1348, 1510, EO 10854; 24 FR. Y akutat, Alaska 49 U.S.C. 1348) 9565) That airspace extending upward from 700 Issued in Washington, D.C., on Issued in Washington, D.C„ on feet above th e surface w ithin % 15-m ile radius March 27, 1968. March 26, 1968. of the Yakutat VORTAC and within a 15- H . H elstrom, mile radius of the Yakutat RR, excluding H . B. H elstrom, B. the portion northeast of a line 5 miles north­ Chief, Airspace and Air Chief, Airspace and Air east of and parallel to the Yakutat VORTAC Traffic Rules Division. Traffic Rules Division. 319* and 139° radlals; and that airspace ex­ [FR. Doc. 68-3835; Hied, Mar. 29, 1968; tending upward from 1,200 feet above th e [FR. Doc. 63-3834; Filed, Mar. 29, 1968; surface within 5 miles each side of the 8 :4 8 a m .] 8 :4 8 a m .]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5215

[Airspace Docket No. 67-AL-19] [Airspace Docket No. 68-SW -18] (Sec. 307(a), Federal Aviation Act of 1958; 49 U.S.C. 1348) PART 71 — DESIGNATION OF FEDERAL pa rt 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, AIRWAYS, CONTROLLED AIRSPACE, Issued in Washington, D.C., on March 26,1958. AND REPORTING POINTS AND REPORTING POINTS H . B . H e l s t r o m , Alteration of Control Zone and Alteration of Federal Airway Re­ Chief, Airspace and Air Transition Area designation of Reporting Point Traffic Rules Division. On January 18, 1968, a notice of pro­ [F.R. Doc. 68-3838; Filed, Mar. 29, 1968; The purpose of these amendments to 8 :4 8 a.m .[ posed rule making was published in the Part 71 of the Federal 'Aviation Regula­ F ederal R e g ist e r (33 F.R. 635) stating tions is to change the name of the Dyess, that the Federal Aviation Administra­ Tex., VOR to Tuscola, Tex., VOR in the [Airspace Docket No. 67-W E-49] tion was considering amendments to description of V-94 and as a designated PART 75— ESTABLISHMENT OF JET Fart 71 of the Federal Aviation Regula­ low altitude reporting point. tions that would alter the control zone Since these amendments are editorial ROUTES and transition area at Sitka, Alaska. in nature and in the interest of safety, Alteration of Jet Route Interested persons were afforded an the Administrator has determined that opportunity to participate in the pro­ notice and public procedure hereon is On January 18, 1968, a notice of pro­ posed rule making through the submis­ impractical and that they may be made posed rule making was published in the sion of comments. No comments were effective immediately. F ed er al R e g ist e r (33 F.R. 638) stating received. In consideration of the foregoing, Part that the Federal Aviation Administration In consideration of the foregoing, Part 71 of the Federal Aviation Regulations was considering an amendment to Part 71 of the Federal Aviation Regulations is amended, effective immediately, as 75 of the Federal Aviation Regulations is amended effective 0001 e.s.t., May 23, hereinafter set forth. that would realign Jet Route No. 84 seg­ 1968, as hereinafter set forth. Section 71.123 (33 F.R. 2009) is ment between Oakland, Calif., and 1. In § 71.171 (33 F.R. 2058) the Sitka, amended as follows: Meeker, Colo. Alaska, control zone is amended as 1. In V-94 “ 12 AGL Dyess, Tex.; 12 Interested persons were afforded an follows: AGL INT Dyess 084° and Britton, Tex., opportunity to participate in the pro­ Sit k a , Alaska 264° radials;” is deleted and “ 12 AGL posed rule making through the submis­ Within a 5-mile radius of the Sitka Air­ Tuscola, Tex.; 12 AGL INT Tuscola, 084° sion of comments. All comments received port (lat. 57°03'00'' N., long. 135°21'51" W .); and Britton, Tex., 264° radials;” is sub­ were favorable. within 2 miles each side of the Blorka Is­ stituted therefor. In consideration of the foregoing, Part land VORTAC 029° and 209° radials, extend­ 2. In § 71.203 (33 F.R. 2280) “Dyess, 75 of the Federal Aviation Regulations ing from the 5-mile radius zone to 2 miles Tex.,” is deleted and “Tuscola, Tex.” is southwest of the VORTAC; within 2 miles is amended effective 0001 e.s.t., May 23, each side of the Sitka RR northeast and substituted therefor. 1968, as hereinafter set forth. southwest courses, extending from the 5-mile (Sec. 307(a), Federal Aviation Act of 1958; In § 75.100 (33 F.R. 2349) Jet Route radius zone to 2 miles southwest of the RR; 49U.S.C. 1348) No. 84 is amended by deleting all before and within 2 miles each side of the LDA “Sidney, Nebr.;” and substituting “From northwest course, extending from the 5-mile Issued in Washington, D.C., on radius zone to 10 miles northwest of the March 26,1968. Oakland, Calif., via Linden, Calif.; Mina, LDA. H . B . H e l s t r o m , Nev.; Currant, Nev.; INT Currant 087° Chief, Airspace and Air and Delta, Utah, 243° radials; Delta; 2. In § 71.181 (33 F.R. 2137) the Sitka, Meeker, Colo.;” therefor. Alaska, transition area is amended as Traffic Rules Division. follows: [Fit. Doc. 68-3837; Filed, Mar. 29, 1968; (Sec. 370(a), Federal Aviation Act of 1958; 49 U.S.C. 1348) Sit k a , Alaska 8 :4 8 a.m.[ That airspace extending upward from 700 Issued in Washington, D.C., on March feet above the surface within 3 miles north­ [Airspace Docket No. 68-WA- 8 ] 27,1968. west and 2 miles southeast of the Sitka RR H . B . H e l s t r o m , southwest course, extending from the RR to 8 PART 71— DESIGNATION OF FEDERAL Chief, Airspace and Air miles southwest of the RR; within 2 miles each side of the Biorka Island VORTAC 148° AIRWAYS, CONTROLLED AIRSPACE, Traffic Rules Division. radial, extending from the VORTAC to 8 AND REPORTING POINTS [F.R. Doc. 68-3833; Filed, Mar. 29, 1968; miles southeast of the VORTAC; within 2 8 :4 8 a.m.] miles each side of the Sitka RR southeast Alteration of Control Zone course, extending from the R R to 8 m iles southeast of the RR; and within 2 miles each On January 30, 1968, F.R. Doc. 68-856, [Airspace Docket No. 67-CE-163] side of the Biorka Island VORTAC 006° comprising a compilation of Parts 71, 73, radial, extending from 18 miles north to 23 and 75 of the Federal Aviation Regula­ PART 75— ESTABLISHMENT OF JET miles north of the VORTAC; and that air­ tions, was published as Part II of the ROUTES space extending upward from 1,200 feet above F ederal R e g ist e r of that date. A review the surface -within 9 miles northwest and 6 of that Document disclosed a minor dis­ Alteration of Jet Route miles southeast of the Biorka Island VORTAC crepancy of typographical nature in the 027° and 207° radials, extending from 8 miles On January 24, 1968, a notice of pro­ nOTtheast to 19 m iles southw est of the location of the Daytona Beach Muni­ posed rule making was published in the VORTAC; within 9 miles southwest and 6 cipal Airport. The purpose of this action F ederal R e g is t e r (33 F.R. 858) stating northeast of the Biorka Island VORTAC is to correct that discrepancy in the that the Federal Aviation Administra­ 308° radial, extending from the VORTAC to compilation. tion was considering an amendment to •+inil€S noitllwest o f the VORTAC, and Since this amendment is editorial in Part 75 of the Federal Aviation Regula­ within 8 miles southwest and 5 mUes north­ nature, and does not designate or revoke tions that would redesignate the segment east of the LDA northwest course, extending airspace, notice and public procedure tt?1?1 ” n^lles to 18 m iles northw est of the of Jet Route No. 134 from Wichita, Kans., LDA. thereon are unnecessary and may be made effective in less than 30 days after to St. Louis, Mo., via Butler, Mo. iokq8’ ’ 1110, Federal Aviation Act of publication. Interested persons were afforded an S W S )°-S-0- 1348• 1510’ EO- « m 24 In consideration of the foregoing, opportunity to participate in the pro­ F.R. Doc. 68-856 is amended, effective posed rule making through the submis­ to Washington. D.C., on March immedately, as follows: sion of comments. All comments received Section 71.171 (33 F.R. 2058) is amend­ were favorable. H. B. H e l s t r o m , ed as follows: In Daytona Beach, Chief, Airspace and Air Fla. “ (latitude 20°11'05" N., longitude In consideration of the foregoing, Part Traffic Rules Division. 81°03'20" W .)” is deleted and “ (latitude 75 of the Federal Aviation Regulations [F-R. Doc. 68-3836; Filed, Mar. 29, 1968; 29°11'05" N., longitude 81°03'20" W .)” is amended, effective 0001 e.s.t.., May 23, 8 :4 8 a.m.] is substituted therefor. 1968, as hereinafter set forth.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5216 RULES AND REGULATIONS

In § 75.100 (33 F.R. 2349) Jet Route (ii) Serving as officers or members of authorized by Treasury Fiscal Require­ No. 134 is amended as follows: crews on vessels under control of the ments Manual for Guidance of Depart­ ments and Agencies (Part m , Chapter a. In the caption “to Kansas City, Mo.” DoD; (iii) Assigned to temporary duty out­ 4000). is deleted and “to St. Louis, Mo.” is (8) Payment of employee organization substituted therefor. side the Continental United States for three or more months. dues as authorized by DoD Directive b. In the text “to Kansas City, Mo.” is (2) Allotments for purposes described1426.4,1 “Voluntary Allotments for Pay­ deleted and “Butler, Mo.; to St. Louis, in paragraph (e) (7), (8), and (9) of this ment of Dues to Employee Organiza­ Mo.” is substituted therefor. section, may be made by DoD employees tions,” November 27, 1963. (Sec. 307(a), Federal Aviation Act of 1958; who meet the eligibility requirements (9) Charitable contributions to a 49 U.S.C. 1348) specified in Treasury Fiscal Require­ Combined Federal Campaign as author­ Issued in Washington, D.C., on ments Manual For Guidance of Depart­ ized by DoD Directive 5035.1,1 “Fund- Raising within DoD,” September 22, March 26, 1968. ments and Agencies (Part in, Chapter 4000), DoD Directive 1426.4,1 “Voluntary 1964, and DoD Instruction, 5035.5,1 “DoD H. B. H elstrom, Allotments for Payment of Dues to Em­ Overseas Combined Federal Fund-Rais­ Chief, Airspace and Air ployee Organizations,” November 27, ing Campaign,” June 14, 1966. Traffic Rules Division. 1963, and DoD Directive 5035.1,1 (f) Allotment limitations. (1) A power [F.R. Doc. 68-3839; Filed, Mar. 29, 1968; “Fund-Raising within DoD,” Septem­ of attorney will not be accepted to 8 :4 8 a.m.] ber 22,1964, and DoD Instruction, 5035.5,1 establish, change, or discontinue an “DoD Overseas Combined Federal Fund- allotment. Raising Campaign,” June 14, 1966. (2) Allotment payments shall be made (b) Emergency allotments. Allotments in accordance with the schedule estab­ Title 32— NATIONAL DEFENSE may be authorized to become effective lished by the particular department or during an emergency in accordance with agency of the DoD, provided such Chapter I— Office of the Secretary of provisions of DoD Instruction 1400.11,1 allotment checks are not issued until Defense “Evacuation of Civilian Employees and the related earnings have accrued. This SUBCHAPTER B— PERSONNEL; MILITARY AND Their Dependents in the Interest of shall be stipulated as a requirement for CIVILIAN Safety” May 14, 1962; such allotments the allotment. will not become effective until an evacua­ (3) A DoD employee shall not be PART 89— CIVILIAN PAY tion order has been issued. authorized more than one allotment ALLOTMENTS (c) Allotments for foreign nationals. payable to the same allottee at the same The Deputy Secretary of Defense ap­ Allotments shall not be authorized for time. foreign nationals employed by DoD to (4) Allotments will not exceed the proved the following, January 20, 1968: work in their own countries. Exceptions compensation due the allotter. Sec. may be made for foreign nationals work­ (g) Discontinuance of allotments. 89.1 Purpose and applicabiltiy. ing outside their own countries on as­ Allotments will be discontinued: 89.2 Definitions. signments of 3 or more months’ dura­ (1) Upon receipt of: 89.3 Policy. tion providing all other provisions of this (1) Notice of retirement, separation, Auth ority : The provisions of this Part Directive are observed. or death of the allotter; 89 are issued under 5 U.S.C. 5525. (d) Authorized allottees. An allotment (ii) Notice that the allotter has been § 89.1 Purpose and applicability. may be made to any person, corporation, placed in an extended leave-without-pay This part implements 5 CFR Part 550, financial institution, or agency when the status; Subpart C—Allotments and Assignments allotment is for one of the purposes listed (iii) Written notice from the allotter; from Federal Employees by establishing in paragraph (e) of this section. The al­ and uniform policies governing voluntary lottee must be specifically designated in (iv) Notice of death of the allottee, allotments of pay by civilian employees writing by the allotter. or that the whereabouts of the allottee of all components of the Department of (e) Purpose of allotment. Allotments is unknown. may be made for: (2) When the condtions under which Defense. (1) Support of relatives or dependents an allotmeht permitted no longer exist. § 89.2 Definitions. of the allotter. M aurice W. R oche, (a) “ Allottee” means the person or (2) Payment of commercial insurance Director, Correspondence and institution to whom an allotment is made premiums on the life of the allotter. (Al­ Directives Division, OASD lotments for insurance on the lives of an (Administration). payable. allotter’s spouse or children are author­ (b) “Allotter” means the employee ized only under a family group contract [FJt. Doc. 68-3800; Filed, Mar. 29, 1968; from whose civilian compensation the which primarily provides insurance on 8 :5 1 a jn .] allotment is made. the life of the allotter.) (c) “Allotment” means either an (3) Payment of U.S. Government or allotment or assignment of a definite National Service Life Insurance. amount of the compensation of a civilian, Title 37— PATENTS, TRADE­ employee which is authorized to be paid (4) Voluntary liquidation of indebted­ to an allottee. ness to the U.S. Government. MARKS, AND COPYRIGHTS (d) “Compensation” means the net (5) Payment to a banking institution pay due an employee after all deductions, or association for credit to an account Chapter I— Patent Office, Department of the allotter. (Only one allotment un­ of Commerce tax, etc. have been made. der this provision shall be allowed for any (e) Continental United States means employee.) Moneys thus credited to the PART 3— FORMS FOR PATENT the several States and the District of allotter’s account may be used for any CASES Columbia, but excluding Alaska and purpose in accordance with the desires Hawaii. and direction of the allotter. Notice of Appeal ■ § 89.3 Policy. (6) Repayment of loans obtained for To expedite the processing of new (a) Current allotments. (1) Allot­the purchase of a home. appeals and to ensure their prompt ments for purposes described in para­ (7) Payment of certain State (and acknowledgment, additional information graph (e) (1) through (6) of this sec­ District of Columbia) income taxes as will be necessary on the Notice of Appeal. tion, may be made by DoD employees: Accordingly, § 3.41, suggested in the rules of practice in patent cases, is (i) Serving under appointments not 1 Filed as part of the original document. limited to six months or less, and as­ Copies are available at the Publications revised as shown below. Counter, OASD(A), Room 3B200, Pentagon, Copies for duplication may be obtained signed to a post of duty outside the Con­ from the receptionist in Crystal Plaza tinental United States; Washington, D.C. 20301 or OX 52167.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 RULES AND REGULATIONS 5217

and from the Correspondence and Mail Coast Guard, has delegated to the ex­ secs. 1, 2, 68 Stat. 484, sec. 3, 68 Stat. 675, sec. Branch in the Main Commerce Building. aminers the power to make initial de­ 3, 70 Stat. 152, secs. 551-559, 80 Stat. 381- The use of this revised form is solicited. cisions on the record subject to condi­ 388; 46 U.S.C. 239, 367, 239a, 239b, 390b, 50 All papers relating to appeals should tions and limitations set forth in 46 CFR U.S.C. 198, 5 U.S.C. 551-559. include the post office address of the Part 137. The Commandant is charged 6. Section 1.20(c) (1) (ii) is amended person to whom correspondence is to he with the responsibility for the uniform to read as follows: directed. administration of marine safety laws, Revised § 3.41 will read as follows: rules, and regulations, which include sus­ § 1.20 General flow of functions. pension and revocation proceedings. ***** § 3.41 Notice o f appeal from the Pri­ Under the delegations of authority in (c) * * * m ary Examiner to the Board of (1) * * * Appeals. 49 CFR 1.4(a) by the Secretary of Trans­ portation and in 14 CFR Part 400 by the (ii) In a case where an appeal is made In re application o f__1______National Transportation Safety Board, by the person charged, the notice of ap­ Serial No______2______the Commandant, U.S. Coast Guard, has peal is filed with the examiner who heard F o r ______Filed ______;___>______the final authority in all cases arising the case or with any Officer in Charge, Group Art U n it______under the suspension and revocation Marine Inspection, for forwarding to proceedings in 46 CFR Part 137 other such examiner. The examiner submits the To the Commissioner of Patents: than when his decisions sustain the re­ notice of appeal and a complete tran­ Sib : Applicant hereby appeals to the Board of Appeals from the decision dated vocation decisions of examiners. The script of the record to the Commandant. ______of the Primary Examiner finally Commandant’s final decision in a revoca­ * * * * * rejecting claim s ______tion of a license, certificate, document, 7. Part 1 is amended by inserting after The item(s) checked below are appro­ or register in a suspension or revocation § 1.20 a new § 1.23 reading as follows: priate: proceeding under 46 CFR Part 137 may 1. □ An extension of time to respond to the be appealed to the National Transporta­ § 1.23 Appeals to the National Trans­ final rejection was granted on tion Safety Board in accordance with portation Safety Board. * ------for ______m o n th (s ). the rules of procedure in 14 CFR Part 2. □ A timely response to the final rejection (a) The rules of procedure for ap­ has been filed, as provided in 841 425. peals to the National Transportation O.G. 1411. 2. The purpose of this document is to Safety Board from decisions of the Com­ 3. □ Pee $50.00: bring the rules and regulations up-to- mandant, U.S. Coast Guard, sustaining □ Enclosed. date by amending or adding to them as orders of revocation of licenses, certifi­ □ Not required (fee paid in prior appeal). follows: cates, documents, and registers are in □ Charge to Deposit Account N o . ______(a) Amend appeal procedures so that 14 CFR Part 425. These rules give the (One additional copy of this Notice the notice of appeal by a person charged is enclosed herewith.) party adversely affected by the Com­ will be filed with the examiner who heard mandant’s decision 10 days after service Signature (Rule 191(b) ) the case rather than with the District upon him or his attorney of the Com­ Commander who forwards it to such mandant’s decision to file a notice of examiner. appeal with the Board. (b) Add rules regarding appeals in (b) It should be noted that 14 CFR Post Office Address (to which corre­ revocation cases, including references to Part 425 is limited to orders of revoca­ spondence is to be sent) the applicable rules of procedure in 14 tion and does not apply to orders sus­ (Sec. 1, 66 Stat. 792; 35 U.S.C. 6 ) CFR Part 425 of the National Trans­ pending licenses, certificates, documents, portation Safety Board. and registers in proceedings under this E d w i n L . R e y n o l d s , (c) Add rules stating the Comman­ Acting Commissioner of Patents. part. The National Transportation dant’s decisions on appeals or review are Safety Board by the delegation of Approved: March 22, 1968. - public records and available for reading authority in 14 CFR Part 400 has given purposes in certain Coast Guard offices. J o h n P . K in c a id , to the Commandant, U.S. Coast Guard, Assistant Secretary for 3. Since the amendments and new all of its review authority in subsection Scienceand Technology. rules and regulations in this document 5(b) (2) of the Department of Transpor­ relate to Coast Guard’s policies, proce­ tation Act (49 U.S.C. 1544(b)(2)) re­ [P.R. Doc. 68-3799; Filed, Mar. 29, 1968; dures, and practices, the law provides 8 :4 5 a.m .] garding Coast Guard matters except in that notice and public procedures those cases involving orders of revoca­ thereon are not required and they may tion. be made effective in less than 30 days 8. The authority for Part 137 is after publication in the F ederal R e g is t e r amended to read as follows: Title 46— SHIPPING (Administrative Procedure Act, 5 U.S.C. Chapter I— Coast Guard, Department 553). Authority: The provisions of this Part 137 issued under R.S. 4405, as amended, 4462, of Transportation 4. By virtue of the authority vested in as amended, sec. 633, 63 Stat. 545, as me as Commandant, U.S. Coast Guard, SUBCHAPTER A— PROCEDURES APPLICABLE amended, and sec. 6 (b ), 80 Stat. 938; 46 by section 632 of Title 14, U.S. Code, and U.S.C. 375, 416, 14 U.S.C. 633, 49 U.S.C. TO THE PUBLIC the delegation of authority in 49 CFR 1655(b); 49 CFR 1.4(a/). Interpret or apply [CGFR 68-20] 1.4(a)(2) (32 F.R. 5606), to promulgate R .S. 4426, as amended, 4450, as amended, rules and regulations in accordance with secs. 1, 2, 49 Stat. 1544, 1545, as amended, PAi T 1—ORGANIZATION, g e n e r a l the laws cited with the rules and regula­ secs. 7, 17, 54 Stat. 165, as amended, 166, as COURSE AND METHODS GOVERN­ tions below, the following amendments amended, secs. 1, 2, 68 Stat. 484, as amended, ING MARINE SAFETY FUNCTIONS sec. 3, 68 Stat. 675, sec. 3, 70 Stat. 152, sec. 4,’ and new rules and regulations are 74 Stat. 260, as amended, secs. 551-559, 80 prescribed and shall be effective 30 days Stat. 381-388, as amended; 46 U.S.C. 216b Ss ik p Ï mc^ . k"~ m a r in e investigations a n d USPENSION AND REVOCATION PROCEEDINGS after the date of publication of this 239, 239a, 239b, 367, 390b, 404, 526f, 526p 5 document in the F ederal R e g is t e r , but U.S.C. 551-559, 50 U.S.C. 198. part 137— SUSPENSION AND prior to that effective date may be fol­ REVOCATION PROCEEDINGS lowed in lieu of existing requirements. Subpart 137.30—Appeals ’ Appeals and Review of Examiners’ 5. The authority for Part 1 is amended 9. Section 137.30-1 is amended by re­ to read as follows: vising paragraphs (a) and (d) to read Decisions A uth ority : The provisions of this Part 1 as follows: ceedi™ slfspension and revocation prc issued under R.S. 4405, as amended, 4462, as § 137.30—1 Time for filing, contents, amended, sec. 633, 63 Stat. 545, as amended, etc. documeutlnVOl^lng licenses> certificate sec. 6 (b), 80 Stat. 938; 46 U.S.C. 375, 416 14 vidi^ÌleKtsVun « registers issued to ind: U.S.C. 633, 49 U.S.C. 1655(b); 49 CFR 1.4(a). (a) A person found guilty by an exam­ sor a J* C^oast Guard or predeces agencies, the Commandant, U.i Interpret or apply R.S. 4450, as amended, iner may, within 30 days after the date secs. 1, 2, 49 Stat. 1544, 1545, as amended, of the order of the examiner is effective,

No. 63- FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5218 RULES AND REGULATIONS take an appeal to the Commandant. mandant’s decision to file a notice of at Offices of District Commanders and This appeal shall be taken by filing a appeal with the Board. Officers in Charge, Marine Inspection. notice of appeal with the examiner who (b) In all cases under this part which Dated: March 26,1968. heard the case or with any Officer in are appealed to the National Transpor­ Charge, Marine Inspection, for forward­ tation Safety Board under 14 CFR 425, W . J. S m i t h , ing to such examiner. the Chief Counsel of the Coast Guard is Admiral, U.S. Coast Guard, * * * * * designated as the representative of the Commandant. Commandant for service of notices and (d) The examiner shall promptly [F.R. Doc. 68-3831; Filed, Mar. 29, 1968; appearances. Communications should be 8 :4 7 a.m .] transmit the notice of appeal and his addressed to Commandant (CL), Wash­ action, if any, on a request for a tem­ ington, D.C.20591. porary document to the Commandant. (c) In cases before the National Chapter 11—Maritime Administration, He will also transmit a complete tran­ Transportation Safety Board the Chief Department of Commerce script of the hearing and any material Counsel of the Coast Guard may be rep­ received in support of the appeal to the resented by others designated “of SUBCHAPTER H— TRAINING Commandant. counsel.” [General Order 97, Arndt. 3] * * * * * (d) It should be noted that 14 CFR PART 310— MERCHANT MARINE 10. Subpart 137.30 is amended byPart 425 is limited to Commandant’s TRAINING inserting after § 137.30-20 two new sec­ Decisions sustaining orders of revocation tions, i.e., §§ 137.30-25 and 137.30-30, by examiners. The National Transporta­ Subpart C— Admission and Training reading as follows: tion Safety Board in 14 CFR Part 400 of Cadets at the U.S. Merchant § 137.30—25 Commandant’s d e cisio n s (32 F.R. 12839) has delegated to the Marine Academy on appeals. Commandant, U.S. Coast Guard, all of its review authority in section 5(b) (2) of T r ad in g o n S u b s id iz e d V e s s e l s (a) The Commandant’s Decisions on the Department of Transportation Act Effective upon the date of publication Appeals are the final actions taken by (49 U.S.C. 1544(b)(2)) in other Coast in the F ederal R e g is t e r , § 510.58 of this the Coast Guard in appeals under the Guard matters, which include Com­ suspension and revocation proceedings mandant’s Decisions sustaining orders subpart is amended by changing the first provided by this part. These Decisions suspending licenses, certificates, docu­ sentence of paragraph (e) thereof to are issued seriatim and are public ments, and registers in proceedings un­ read as follows: records. der this part. (b) The Commandant’s Decisions on § 310.58 Training on subsidized vessels. Appeals are available for reading pur­ Subpart 137.35— Review of Exam­ * * * * * poses at Coast Guard Headquarters, and iners’ Decisions in Guilty Cases (c) Pay. Cadets shall receive pay, at Offices of District Commanders and while attached to merchant vessels, at Officers in Charge, Marine Inspection. 11. Subpart 137.35 is amended by in­ serting after § 137.35-15 a new § 137.35- the rate of $160.50 per month from their § 137.30—30 Appeals to the National 20 reading as follows: steamship company employers. Transportation Safety Board. § 137.23—20 Commandant’s D e cisio n s ***** (a) The rules of procedure for appeals on Review. (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.O. to the National Transportation Safety (a) The Commandant’s Decision on 1114) Board from decisions of the Com­ Review sets forth the rulings which shall Dated: March 27,1968. mandant, U.S. Coast Guard, sustaining be the governing precedents in future orders of revocation of licenses, certifi­ cases on the same type of facts. These By order of the Acting Maritime Ad­ cates, documents, and registers are in Decisions are issued seriatim and are ministrator. 14 CFR Part 425. These rules give the public records. J a m e s S. D a w s o n , Jr., party adversely affected by the Com­ Cb) The Commandant’s Decisions on Secretary. mandant’s decision 10 days after service Review are available for reading pur­ [F.R. Doc. 68-3866; Filed, Mar. 29, 1968; upon him or his attorney of the Com- poses at Coast Guard Headquarters, and 8 :5 1 a m .]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5219

Proposed Rule Making

§ 2.1 Purpose. Bureau of Mines in accordance with Part DEPARTMENT OF THE INTERIOR 1 of this title, or (b) from private helium Subsection (a) of section 6 of the distributors which establish and main­ Bureau of Mines Helium Act (50 U.S.C. 167d(a) (1964)) tain their eligibility in accordance with provides: the regulations in this part. [ 30 CFR Part 2 1 The Department of Defense, the Atomic Energy Commission, and other agencies of § 2.4 Private helium distributors— eligi­ HELIUM the Federal Government, to the extent that bility. supplies are readily available, shall purchase (a) To be eligible to supply major re­ Purchase by Federal Agencies and all major requirements of helium from the quirements of helium of Federal agencies Their Contractors Secretary. and their contractors, a private helium The purpose of this Part 2 is to im­ distributor must comply with the pro­ Subsection (c) of section 6 of the plement this provision of the Act visions of this section. Helium Act (50 U.S.C. § 167d (1964)) adequately, and the regulations in this (b) Each private* helium distributor provides in effect that the costs of the part shall govern the purchase by Fed­ shall conduct its buying and selling oper­ helium conservation program shall be eral agencies and their contractors of ations in such a manner as to assure covered by revenues derived from sales their major requirements of helium. To that, during each quarter of a calendar of helium by the Bureau of Mines. To the same end, the regulations prescribe year, it will receive at each of its shipping ensure the accomplishment of this ob­ certain requirements that must be met points supplying major requirements of jective, subsection (a) of this section by private helium distributors in order helium to a Federal agency or its con­ reserves the “Government market” to the to establish and retain eligibility to sup­ tractors a volume of Bureau of Mines Bureau of Mines. The helium conserva­ ply major requirements of helium of helium no less than the volume of helium tion program has been in full operation Federal agencies and their contractors. sold to Federal agencies and their con­ for some 5 years, during which time sev­ tractors from each such shipping point. eral private producers and marketers § 2.2 Definitions. Private helium distributors are not re­ have appeared. Experience during this As used in this part— quired to provide physical facilities to period has indicated that the full imple­ (a) “Helium Act” means the Act of keep Bureau of Mines helium separate mentation of the provisions of subsection .March 3, 1925, as amended by section 2 and apart from any other helium in their (a) of section 6 of the Act requires the of the Helium Act Amendments of 1960 distribution systems. issuance of regulations that will apply (50 U.S.C. 167-167n (1964)). (c) Each private helium distributor uniformly to Federal agencies with re­ (b) “Helium” means the element shall keep* such records as, in the judg­ spect to purchases by them and their helium regardless of its physical state. ment of the Director,'Bureau of Mines, contractors of their major requirements or his delegate, are adequate to show: of helium. Accordingly, pursuant to sec­ (c) “Bureau of Mines helium” means tion 9 of the Act (50 U.S.C. § 167g helium sold by the Bureau of Mines pur­ (1) - The volumes of Bureau of Mines (1964)), it is proposed to add a new Part suant to Part 1 of this title. helium received at each of its shipping 2, reading as set forth below, to Title 30 (d) “Federal agency” means any de­ points supplying major requirements of of the Code of Federal Regulations. The partment, independent establishment, helium to a Federal agency or its con­ proposed regulations recognize that the commission, administration, board or tractors, and purposes of subsection (a) of section 6 bureau of the United States and any (2) The volumes of helium sold to of the Act are as well served by purchases wholly owned Government corporation. Federal agencies and their contractors from suppliers of helium sold to them (e) “ Contractor” means any individ­ from each such shipping point. On or be­ by the Bureau of Mines as by purchases ual, corporation, partnership, firm, as­ fore the thirtieth day of January, April, directly from the Bureau, and the pro­ sociation, trust, estate, public or private July, and October, each private helium posed regulations would avoid an ex­ institution, or State or political sub­ distributor shall submit on Form 1 to the pensive and burdensome requirement of division thereof that requires helium in Bureau of Mines Helium Activity, Post segregated storage by providing adequate the performance of a contract or work Office Box 10085, Amarillo, Tex. 79106, a safeguards with respect to private sup­ for a Federal agency under either a report for each such shipping point, pliers selling to Federal agencies and prime contract, subcontract, or co­ showing for the preceding quarter, open­ their contractors. operative agreement. ing inventory, receipts, sales, and closing (f) “Major requirements of helium” inventory. Form 1 can be obtained from It is the policy of the Department of the office mentioned above. (Reports are the Interior whenever practicable, to af­ means all requirements of helium either by a Federal agency or by a contractor not required for shipping points supply­ ford the public an opportunity to par-: in the performance of a contract or work ing helium to Federal agencies or their ticipate in the rulemaking process. Ac­ for a Federal agency in quantities in ex­ contractors in volumes less than major cordingly, interested persons may submit cess of one thousand (1,000) standard requirements of helium.) All directly cubic feet of gaseous helium or thirty- pertinent documents and records sup­ written comments, suggestions or objec­ porting a report shall be retained for a tions with respect to the proposed seven and one-half (37%) liters of liquid helium a month. period of at least 1 year from the date amendments to the Director, Bureau of of the report. Mines, Washington, D.C. 20240, within (g) “Private helium distributor” means any individual, corporation, part­ (d) Each private helium distributor 30 days of the date of publication of this nership, firm, association, or other pri­ shall permit a duly authorized represent­ notice in the F ederal R egister. vate agency, or organization that sells ative of the Bureau of Mines to examine, The proposed new part is as follows: major requirements of helium to a Fed­ during normal business hours, the rec­ ords and documents referred to in para­ Sec. eral agency or a contractor. graph (c) of this section. 2.1 Purpose. § 2.3 Purchases by Federal agencies and (S ample F orm 1) 2.2 Definitions. their contractors. 2.3 Purchases by Federal agencies and their Report of purchases and sales of Bureau of contractors. Federal agencies and- their contractors Mines Helium for the 3-month period ending. at ?^ va^e helium distributors— eligibility. shall purchase all major requirements of •5 Sales to private helium distributors. helium either (a) directly from the (Date)

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5220 PROPOSED RULE MAKJNG but arrangements may be made for in­ Met Liters DEPARTMENT OF AGRICULTURE formal conferences with Federal Avia­ (Gas) (Liquid) tion Administration officials by contact­ *• Consumer and Marketing Service ing the Chief, Airspace and Standards Inventory—Beginning of period... Branch, Eastern Region. [ 7 CFR Part 1033 1 Receipts: Any data or views presented during By shipments from Bureau of [Docket No. AO-166-A35] such conferences must also be submitted in writing in accordance with this notice By Transfer or purchase from MILK IN GREATER CINCINNATI in order to become part of the record for MARKETING AREA consideration. The proposal contained in Notice of Recommended Decision and this notice may be changed in the light of comments received. Total Bureau of Mines Helium Opportunity To File Written Excep­ available for sale______The official docket will be available for tions on Proposed Amendments to examination by interested persons at the Sales: To Federal Agencies and their Tentative Marketing Agreement Office of Regional Counsel, Federal Avia­ and to Order tion Administration, Federal Building, To other helium distributors----- John F. Kennedy International Airport, Correction Jamaica, N.Y. In F.R. Doc. 68-3548 appearing at page The Federal Aviation Administration, Total sales______4928 in the issue of Saturday, March 23, having completed a review of the air­ 1968 in § 1033.51(b) (2), the last two lines space requirements for the terminal area should read “ the Department subtract of Albany, N.Y., proposes the airspace 5.5 cents, multiply by 8.5 and then action hereinafter set forth: 1 Transfers or purchases from another distributor shall be supported by certificate from such other distributor multiply by 0.965.”~ 1. Amend § 71.171 of Part 71 of the (in the form below) that the helium transferred or sold Federal Aviation Regulations by delet­ was Bureau of Mines helium. ing in the description of the Albany, I certify that the foregoing information Is NY., control zone “and within 2 miles true to my own knowledge. DEPARTMENT OF each side of the Albany VOR 094° radial Nam e and T itle------— extending from the 5-mile radius zone Firm nam e and address------TRANSPORTATION to 6 miles east of the VOR” and insert in lieu thereof “ ; within 2 miles each side of Certificate of Sale of B ureau of M ines Federal Aviation Administration the Albany U S localizer south course H elium extending, from the 5-mile radius zone I certify that the undersigned has sold to [ 14 CFR Part 71 1 to 5 miles south of the localizer and ______the following [Airspace Docket 68-EA-21 ] within 2 miles each side of the Albany N am e and address VOR 182° radial extending from the 5- quantities of Bureau of Mines helium. CONTROL ZONES AND TRANSITION mile radius zone to 5.5 miles south of AREA the VOR.” Date Quantity Proposed Alteration 2. Amend § 71.171 of Part 71 of the Federal Aviation Regulations by insert­ Mcf (gas) Liters (liquid) The Federal Aviation Administration ing in the description of the Schenec­ is considering amending §§ 71.171 and tady, N.Y., control zone- after the words 71.181 of Part 71 of the Federal Aviation “Schenectady RBN” the coordinates Regulations so as to alter the Albany, “42°51'15" N., 73°55'45" W.,” following N.Y„ and Scheneetady, N.Y., control the words “ 7 miles northeast of the zones and Albany, N.Y., transition area. RBN;” insert “within 2 miles each side of Name and Title— ------The VOR/DME-1 instrument ap­ the Schenectady VOR 030° radial ex­ Firm Name and Address. proach procedure for Albany County Air­ tending from the 5-mile radius zone to 7 port, Albany, N.Y., was canceled effective miles northeast of the VOR” ; February 24, 1968. A review of the Al­ 3. Amend § 71.181 of Part 71 of the § 2.5 Sales to private helium distributors. bany, N.Y., terminal area established a Federal Aviation Regulations by deleting Prom the effective date of this part, all need to revise the description of the in the description of the Albany, NY., contracts for the sale of helium by the Albany, N.Y., control zone and transi­ 700-foot floor transition area “the Al­ tion area as well as the contiguous Bureau of Mines to private helium dis­ bany VOR 013°” through the words Schenectady; N.Y., control zone. “VOR; within a 7-mile radius” and sub­ tributors shall require that such dis­ Interested persons may submit such stitute in lieu thereof “ a 019° bearing tributors comply with the provisions of written data or views as they may desire. from the Runway 19 ILS OM extending § 2.4 and shall provide that the Bureau Communications should be submitted in from the 9-mile radius area to 12 miles may withhold deliveries under a contract triplicate to the Director, Eastern Re­ north of the OM; within the arc of a 12- or terminate a contract with a private gion, Attention: Chief, Air Traffic Divi­ mile radius circle centered on the Albany sion, Department of Transportation, VOR extending from the Albany VOR helium distributor which has refused or Federal Aviation Administration, Fed­ 021° radial clockwise to the Albany VOR failed to comply with the provisions of eral Building, John F. Kennedy In­ 274° radial; within-a 9-mile radius;” § 2.4. ternational Airport, Jamaica, N.Y. li430. delete the words “from the 7-mile radius D avid S. B lack, All communications received within 30 area to 12 miles west” and insert in lieu thereof “from the 9-mile radius area to Under Secretary of the Interior. days after publication in the F ederal 12 miles west” ; delete “from the 7-mile M a r c h 26, 1968. R egister will be considered before action radius area to 9 miles northwest” and [FJL Doc. 68-3829; Filed, Mar. 20, 1968; is taken on the proposed amendment. insert in lieu thereof “from the 9-mile 8 :4 7 a m .] No hearing is contemplated at this time, radius area to 11 miles northwest”.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 PROPOSED RULE MAKING 5221

This amendment is proposed under magnetic) radial extending frcan the 5-mile designed to improve the safety and effi­ section 307(a) of the Federal Aviation radius zone to 7 miles west of the VOR, and ciency of air operations. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). within 2 miles each side of the Beaumont VOR 307° (300° magnetic) radial extending The International Standards and Rec­ Issued in Jamaica, N.Y., on March 11, from the 5-mile radius zone to 6 miles north­ ommended Practices in Annex 11 apply 1968. west of the VOR. in those parts of the airspace under the jurisdiction of a contracting state, W ayne H endershot, (2) In §71.181 (33 F.R. 2148, 4093) Acting Director, Eastern Region. derived from ICAO, wherein air traffic the Beaumont, Tex., transition area is services are provided and also whenever [F.R. Doc. 68-3811; Filed, Mar. 29, 1968; amended to read: 8 :4 6 a.m .] a contracting state accepts the respon­ B eaum ont, T ex. sibility of providing air traffic services That airspace extending upward from 700 over high seas or in airspace of undeter­ [ 14 CFR Part 71 1 feet above the surface within a 5-mile radius mined sovereignty. A contracting state [Airspace Docket No. 68-SW -17] of Jefferson County Airport (lat. 29° 57'05” accepting such responsibility may apply N., long. 94°01'10" W.), within a 5-mile the International Standards and Recom­ CONTROL ZONE AND TRANSITION radius of Beaumont Municipal Airport (lat. mended Practices to civil aircraft in a 30°04'15" N., long. 94°13'00" W .), within 2 manner consistent with that adopted for AREA miles each side of the Beaumont ILS local­ izer southeast course extending from the Jef­ airspace under its domestic jurisdiction. Proposed Alteration ferson County Airport 5-mile radius area to In accordance with Article 3 of the The Federal Aviation Administration 13.5 miles southeast of the approach end of Convention on International Civil Avi­ is considering amending Part 71 of the Runway 29, within 2 miles each side of the ation, Chicago, 1944, state aircraft are Federal Aviation Regulations to alter Beaumont ILS localizer northwest course ex­ exempt from the provisions of Annex controlled airspace in the Beaumont, tending from the Beaumont Municipal Air­ 11 and its Standards and Recommended port 5-mile radius area to the OM, and within Practices. As a contracting state, the Tex., terminal area. 2 miles each side of the 308° (301° magnetic) bearing from the Beaumont ILS LOM, ex­ United States agreed by Article 3(d) Interested persons may submit such that its state aircraft will be operated in written data, views, or arguments as they tending from the Beaumont Municipal Air­ may desire. Communications should be port 5rmile radius area to the LOM; and international airspace with due regard that airspace extending upward from 1,200 for the safety of civil aircraft. submitted in triplicate to the Chief, Air feet above the surface within a 25-mile Since this action involves, in part, the Traffic Division, Southwest Region, Fed­ radius of latitude 29°54'40" N., long. eral Aviation Administration, Post Office 94°02'40" W. designation of navigable airspace out­ Box 1689, Port Worth, Tex. 76101. All side the United States, the Administra­ communications received within 30 days The alterations, as proposed, will pro­ tor has consulted with the Secretary of after publication of this notice in the vide airspace protection for aircraft ex­ State and the Secretary of Defense in Federal R egister will be considered be­ ecuting proposed new and amended in­ accordance with the provisions of Exec­ fore action is taken on the proposed strument approach procedures at the utive Order 10854. amendment. No public hearing is con­ Jefferson County Airport. Interested persons may participate in templated at this time, but arrangements This amendment is proposed under the the proposed rule making by submitting for informal conferences with Federal authority of section 307 (a) of the Federal such written data, views, or arguments Aviation, Administration officials may be Aviation Act of 1958 (49 U.S.C. 1348). as they may desire. Communications made by contacting the Chief, Air Traf­ Issued in Fort Worth, Tex., on March should identify the airspace docket num­ fic Division. Any data, views or argu­ 20, 1968. ber and be submitted in triplicate to the ments presented during such conferences Director, Alaskan Region, Attention: must also be submitted in writing in ac­ A. L. Coulter, Chief, Air Traffic Division, Federal Avia­ cordance with this notice in order to Acting Director, Southwest Region. tion Administration, 632 Sixth Avenue, become part of the record for considera­ [FJR. D oc. 68-3812; Filed, M ar. 29, 1968 Anchorage, Alaska 99501. All communi­ tion. The proposal contained in this no­ 8 :4 6 a.m .] cations received within 30 days after tice may be changed in the light of com­ publication of this notice in the Federal ments received. R egister will be considered before ac­ The official docket will be available foi [14 CFR Part 71 1 tion is taken on the proposed amend­ examination by interested persons at th( i [Airspace Docket No. 67-AL-28] ments. The proposals contained in this Office of the Regional Counsel, Southwesl notice may be changed in the light of Region, Federal Aviation Administration CONTROL ZONE AND TRANSITION comments received. Fort Worth, Tex. An informal docket wil AREA An official docket will be available for also be available for examination at thi Proposed Alteration and Designation examination by interested persons at Office of the Chief, Air Traffic Division. the Federal Aviation Administration, The Beaumont, Tex., control zone and The Federal Aviation Administratidn Office of the General Counsel, Attention: area are Presently described is considering amendments to Part 71 of Rules Docket, 800 Independence Ave­ ^art 71, § 71.171 (33 F.R. 2063 the Federal Aviation Regulations that nue SW., Washington, D.C. 20590. An 4093) and § 71.181 (33 F.R. 2148, 4093) would alter the controlled airspace in informal docket also will be available It is proposed to amend Part 71 of the the vicinity of Shemya, Alaska. for examination at the office of the Re­ federal Aviation Regulations as herein- As parts of these proposals relate to gional Air Traffic Division Chief. aiter set forth. the navigable airspace outside the United Airspace Docket No. 67-AL-3, which §71.171 (33 F.R. 2063, 4093) States, this notice is submitted in con­ became effective February 29, 1968, ^ B^mnont, Tex., control zone is sonance with the ICAO International established a control area extending up­ amended to read: Standards and Recommended Practices. ward from 2,000 feet above the surface Applicability of International Stand­ B eaum ont, T e x . within approximately 100. miles of ards and Recommended Practices by the Shemya. Therefore, there is no longer a radius of Jefferson Corn Air Traffic Service, FAA, in areas outside need for the Shemya control area Tex-

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5222 PROPOSED RULE MAKING

In consideration of the foregoing, the ences with Federal Aviation Administra­ may desire. Communications should be following amendments to Part 71 of the tion officials by contacting the Chief, submitted in triplicate to the Area Man­ Federal Aviation Regulations are pro­ Airspace and Standards Branch, Eastern ager, Memphis Area Office, Attention: posed. Region. Chief, Air Traffic Branch, Federal Avia­ 1. The Shemya control area extension Any data or views presented during tion Administration, Post Office Box would be revoked. such conferences must also be submitted 18097, Memphis, Tenn. 38118. All com­ 2. The Shemya control zone would in writing in accordance with this notice munications received within 30 days after be redescribed as that airspace within in order to become part of the record for publication of this notice in the F ederal a 5-mile radius of the Shemya Airport consideration. The proposal contained in R e g is t e r will be considered before action (lat. 52°42'50" N., long. 174°06'57" E.) ; this notice may be changed in the light is taken on the proposed amendments. within 2 miles each side of the 104° of comments received. No hearing is contemplated at this time, True bearing from the Shemya RBN, The official docket will be available for but arrangements for informal confer­ extending from the RBN to 12 miles east examination by interested persons at the ences with Federal Aviation Administra­ of the RBN, and within 2 miles each side Office of Regional Counsel, Federal Avia­ tion officials may be made by contacting of the 284° True bearing from the tion Administration, Federal Building, the Chief, Air Traffic Branch. Any data, Shemya RBN, extending from the RBN John F. Kennedy International Airport, views, or arguments presented during to 8 miles west of the RBN. The portion Jamaica, N.Y. such conferences must also be submitted within Restricted Area R-2204 would The Federal Aviation Administration, in writing in accordance with this notice be excluded. having completed a review of the air­ in order to become part of the record 3. The Shemya transition area would space requirements for the terminal area for consideration. The proposals con­ be designated as that airspace extending of Wrightstown, N.J., propose the air­ tained in this notice may be changed in upward from 700 feet above the surface space action hereinafter set forth: the light of comments received. within a 12-mile radius of the Shemya Amend § 71.181 of Part 71 of the Fed­ The Montgomery transition area de­ Airport (lat. 52°42'50" N., long. 174°06'- eral Aviation Regulations so as to delete scribed in § 71.181 (33 F.R. 2137), would 57" E .); and that airspace extending in the description of the Wrightstown, be altered by deleting the 6,000-foot upward from 1,200 feet above the surface New Jersey Transition Area the words transition area and substituting the fol­ within a 29-mile radius of the Shemya “within a 5-mile radius of Colts Neck lowing therefor: “ * * * and that airspace Airport. The portion within R-2204 would Airport (latitude 40°16'35" N., longitude southwest of Craig AFB extending up­ be excluded. 74°10'55" W.) ; within 2 miles each side ward from 3,000 feet MSL bounded by These amendments are proposed under of the Colts Neck VOR 004° radial ex­ a line beginning at the intersection of the authority of sections 307(a) and 1110 tending from the Colts Neck 5-mile the south boundary of V-56 and long. of the Federal Aviation Act of 1958 (49 radius area to 8 miles north of the VOR” 88°20'00" W.; thence east along the U.S.C. 1348 and 1510) and Executive and insert in lieu thereof “within 2 miles south boundary of V-56 to a 35-mile Order 10854 (24 F.R. 9565). each side of the Colts Neck VOR 167° radius arc centered at lat. 32°27'25" N., radial extending from the Monmouth long. 87°05'14" W.; thence counter­ Issued in Washington, D.C., on clockwise along this arc and a 3 5-mile March 21, 1968. County Airport 5-mile radius arèa to the VOR” ; delete the words “and radius arc centered on the Craig, Ala., T. M cC o r m a c k , within 2 miles each side of the Colts VOR to the north boundary of V-20; Acting Chief, Airspace and thence southwest along the north bound­ Air Traffic Rules Division. Neck VOR 255° radial extending from the Colts Neck Airport 5-mile radius ary of V-20 to a 14-mile radius arc cen­ [F.R. Doc. 68-3813; Filed, Mar. 29, 1968; area to 8 miles west of the VOR,” tered on the lytonroeville, Ala., VOR; 8 :4 6 a.m .] and insert in lieu thereof “within thence counterclockwise along this arc 3 miles north and 5 miles south to the north boundary of V-222; thence west along the north boundary of V-222 [14 CFR Part 71 1 of the Colts Neck VOR 255° and 075° radials extending from 5 miles east to to the east boundary of V-209; thence [Airspace Docket 68-EA-10] 10 miles west of the VOR;” delete the north along the east boundary of V-209 to the intersection of a 30-mile radius TRANSITION AREA words “and within a 4-mile radius” and insert in lieu thereof “within a 5-mile arc centered at Key Field, Meridian; Proposed Alteration radius” ; following the words “Neptune, thence to point of beginning; and that airspace northwest of Craig AFB The Federal Aviation Administration N.J.,” add “and within 2 miles each side of the Colts Neck VOR 151° radial ex­ bounded by a line beginning at the in­ Is considering amending § 71.181 of Part tersection of the north boundary of V-56 71 of the Federal Aviation Regulations tending from the Asbury Park-Neptune Airport 5-mile radius area to the VOR.” and the east boundary of V-209; thence so as to alter the Wrightstown, N.J., northeast along the east boundary of transition area. This amendment is proposed under V-209 to lat. 33°01'00" N.; thence east The VOR instrument procedure for section 307(a) of the Federal Aviation along lat. 33°01'00" N. to a line ex­ Colts Neck Airport, Colts Neck, N.J., Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). tending from lat. 33°01'00" N., long. has been canceled effective Febru­ Issued in Jamaica, N.Y., on March 8, 87°18'15" W. through lat. 33°11'00" N., ary 17, 1968, and the VOR instru­ 1968. long. 87°06'40" W.; thence northeast ment approaches to the Monmouth W a y n e H e n d e r s h o t , along this line to the south boundary County, Red Bank, and Asbury Park- Acting Director, Eastern Region. of V-66; thence east along the south boundary of V-66 to the west boundary Neptune Airports have been revised and [F.R. Doc. 68-3815; Filed, Mar. 29, 1968; will require alteration of the Wrights­ 8 :4 6 a.m.] of V-7; thence south along the west town, N.J., transition area. boundary of V-7 to a 35-mile radius arc centered at lat. 32°27'25" N., long. Interested persons may submit such [ 14 CFR Part 71 1 written data or views as they may desire. 87° 05'14" W.; thence counterclockwise Communications should be submitted in [Airspace Docket No. 67-SO-;l 19] along this arc to the north boundary of V-56; thence west along the north triplicate to the Director, Eastern Region, TRANSITION AREAS Attention: Chief, Air Traffic Division, boundary of V-56 to point of beginning.” Department of Transportation, Federal Proposed Alteration The Meridian (Key Field) transition Aviation Administration, Federal Build­ area described in § 71.181 (3$ F.R. 2137), ing, John F. Kennedy International Air­ The Federal Aviation Administration would be altered as follows: “ * * * to port, Jamaica, N.Y. 11430. All communi­ is considering amendments to Part 71 of the north boundary of V-56, thence cations received within 30 days after the Federal Aviation Regulations that to lat. 32°18'00" N., long. 88°20'00" would alter the Montgomery, Ala., and publication in the F ederal R e g is t e r will W. * * *” would be deleted and “ * * * be considered before action is taken on . Meridian, Miss. (Key Field), transition to the north boundary of V-56, thence to the proposed amendment. No hearing is areas. the intersection of the south boundary contemplated at this time, but arrange­ Interested persons may submit such of V-56 and long. 88°20'00" W. * * *” ments may be made for informal confer- written data, views, or arguments as they would be substituted therefor.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 PROPOSED RULE MAKING 5223

The proposed additional controlled craft that will be executing this approach This amendment is proposed under the airspace southwest and northwest of procedure. This approach procedure will authority of section 307(a) of the Federal Craig APB is required for the protection be effective concurrently with the des­ Aviation Act of 1958 (49 U.S.C. 1348). of aircraft transitioning between Craig ignation of controlled airspace for its APB and the Intensive Student Jet protection. IPR air traffic into and out Issued in Washington, D.C., on Training Areas (ISJTAs) and in the of Alexandria Airport will be controlled March 20,1968. preparation for providing air traffic con­ by the Indianapolis ARTC Center T. M cCormack, trol services for training activities in through the Muncie, Ind., VOR. Acting Chief, Airspace and Air Traffic Rules Division. these areas. In consideration of the foregoing, the The proposed alteration of the Merid­ Federal Aviation Administration pro­ [F.R., Doc. 68-3818; Filed, Max. 29, 1968; ian (Key Field) transition area is re­ poses to amend Part 71 of the Fed­ 8 :4 7 a.m .] quired to provide compatibility between eral Aviation Regulations as hereinafter the Montgomery and Meridian transition set forth: [14 CFR Part 71 1 areas and simplify the description. In § 71.181 (33 F.R. 2137), the following These amendments are proposed under transition area is added: [Airspace Docket No. 68-SW -2] the authority of section 307(a) of the Federal Aviation Act of 1958 (40 U.S.C. A lexandria, I nd. FEDERAL AIRWAY SEGMENT 1348(a)). That airspace extending upward from 700 Proposed Alteration feet above the surface within a 6 -mile radius Issued in East Point, Ga., on March 14, of Alexandria Airport (latitude 40°14'00" N., The Federal Aviation Administration 1968. longitude 85°38'00" W.) excluding the por­ has under consideration an amendment James G. R ogers, tion which overlies the Anderson, Ind., to Part 71 of the Federal Aviation Reg­ Director, Southern Region. transition area. ulations that would realign the segment [FJR. Doc. 68-3816; Filed, Mar. 29, 1968; This amendment is proposed under the of VOR Federal airway No. 222 from 8 :4 6 a.m .] authority of section 307(a) of the Fed­ Industry, Tex., with a 1,200-foot AGL eral Aviation Act of 1958 (49 U.S.C. 1348). floor via Houston, Tex.; Beaumont, Tex.; to Lake Charles, La., with a north alter­ [ 14 CFR Pari 71 1 Issued at Kansas City, Mo., on March 7,1968. nate segment with a 1,200-foot AGL [Airspace Docket No. 68-CE-20] floor from Houston via Daisetta, Tex., D aniel E. B arrow, Acting Director, Central Region. to Lake Charles. This proposed airway TRANSITION AREA realignment would adjust the movement Proposed Designation [F.B. Doc. 68-3817; Filed, Mar. 29, 1968; of low altitude en route traffic operating 8 :4 7 a.m.] between Industry and Beaumont via The Federal Aviation Administration Houston. This would provide for a more is considering amending Part 71 of the I 14 CFR Part 71 ] expeditious movement of arrival and Federal Aviation Regulations so as to departure traffic in the Houston terminal designate a transition area at Alexan­ [Airspace Docket No. 68-WE-22] area. dria, Ind. FEDERAL AIRWAY Interested persons may participate in Interested persons may participate in the proposed rule making by submitting the proposed rule making by submitting Proposed Extension such written data, views, or arguments such written data, views, or arguments as they may desire. Communications as they may desire. Communications The Federal Aviation Administration is considering an amendment to Part 71 should identify the airspace docket num­ should be submitted in triplicate to the ber and be submitted in. triplicate to the Director, Central Region, Attention: of the Federal Aviation Regulations that would extend VOR Federal airway No. Director, Southwest Region, Attention: Chief, Air Traffic Division, Federal Avia­ Chief, Air Traffic Division, Federal Avia­ tion Administration, Federal Building, 287 from North Bend, Oreg., with a 1,200 AGL floor direct to Medford, Oreg. This tion Administration, Post Office Box 601 East 12th Street, Kansas City, Mo. 1689, Fort Worth, Tex. 76101. All com­ 64106. All communications received with­ proposed airway segment would provide in 45 days after publication of this no­ a route with controlled airspace for munications received within 30 days after publication of this notice in the tice in the F ederal R egister will be con­ instrument flight rule air traffic oper­ sidered before action is taken on the ating between North Bend and Medford. F ederal R egister will be considered be­ proposed amendment. No public hearing Interested persons may participate In fore action is taken on the proposed is contemplated at this time, but ar­ the proposed rule making by submitting amendment. The proposal contained in rangements for informal conferences such written data, views, or arguments this notice may be changed in the light with Federal Aviation Administration of­ as they may desire. Communications of comments received. ficials may be made by contacting the should identify the airspace docket num­ An official docket will be available for Regional Air Traffic Division Chief. ber and be submitted in triplicate to the Any data, views, or arguments pre­ Director, Western Region, Attention: examination by interested persons at the sented during such conferences must also Chief, Air Traffic Division, Federal Avia­ Federal Aviation Administration, Office re submitted in writing in accordance tion Administration, 5651 West Man­ of the General Counsel, Attention: Rules with this notice in order to become part chester Avenue, Post Office Box 90007, Docket, 800 Independence Avenue SW., of the record for consideration. The pro­ Airport Station, Los Angeles, Calif. Washington, D.C. 20590. An informal posal contained in this notice may be 90009. All communications received docket also will be available for examina­ changed in the light of comments within 30 days after publication of this tion at the office of the Regional Air received. notice in the Federal R egister will be A Public docket will be available for considered before action is taken on the Traffic Division Chief. examination by interested persons in the proposed amendment. The proposal con­ This amendment is proposed under Office of the Regional Counsel, Federal tained in this notice may be changed in the authority of section 307(a) of the Aviation Administration, Federal Build- the light of comments received. Federal Aviation Act of 1958 ,(49 U.S.C. M o 664°i06EaSt 12th Street’ Kans£U3 City. An official docket will be available for 1348). / examination by interested persons at the .A PubUc use instrument approach pro- Federal Aviation Administration, Office Issued in Washington, D.C., on March A w f6.* • been developed to serve the of the General Counsel, Attention: Rules 27, 1968. Ind’’ Airport using the Docket, 800 Independence Avenue SW., H. B. H elstrom, M a navigational aid. Con- Washington, D.C. 20590. An informal Chief, Airspace and Air « S K , * is necessary to designate a docket also will be available for exam­ Traffic Rules Division. anri'n«0^ ,^oor transition area at Alex­ ination at the office of the Regional Air andria, to provide protection for air­ [F.R. Doc. 68-3842; Filed, Mar. 29, 1968; Traffic Division Chief. 8 :4 8 a.m .]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5224 PROPOSED RULE MAKING

[14 CFR Part 71 1 the Federal Aviation Regulations that for instrument flight rule air traffic would extend VOR Federal airway No. operating between Jackson and Rock [Airspace Docket No. G8—WE -2 0 ] 448 from Spokane, Wash., direct to Springs. FEDERAL AIRWAY SEGMENT Kalispell, Mont., with an airway floor Interested persons may participate in from Spokane 1,200 feet AGL 45 miles, the proposed rule making by submitting Proposed Alteration 7,500 feet MSL 21 miles, 8,000 feet MSL such written data, views, or arguments as The Federal Aviation Administration 20 miles; thence 1,200 feet AGL Kalis­ they may desire. Communications should is considering an amendment to Part 71 pell; and realign VOR Federal airway identify the airspace docket number and of the Federal Aviation Regulations that No. 2 north alternate from Spokane to be submitted in triplicate to the Director, would realign VOR Federal airway No. Mullan Pass, Mont., via the intersection Western Región, Attention: Chief, Air 187 segment from Farmington, N. Mex., of the Spokane 073° T (052° M) and the Traffic Division, Federal Aviation Ad­ direct to Grand Junction, Colo., with the Mullan Pass 291° T (271° M) radials. The ministration, 5651 West Manchester Ave­ airway floor designated from Farmington proposed direct airway segment between nue, Post Office Box 90007, Airport Sta­ 50 miles, 1,200 feet AGL, 62 miles, 11,500 Spokane and Kalispell would provide an tion, Los Angeles, Calif. 90009. All com­ feet MSL, thence 1,200 feet AGL Grand improved route and would reduce the en munications received within 30 days after Junction, including a west alternate seg­ route mileage by approximately ten publication of this notice in the F ederal ment from Farmington to Grand Junc­ miles. The proposed realignment V-2N R egister will be considered before action tion via Cortez, Colo., and Dove Creek, would permit a portion of this north is taken on the proposed amendments. Colo., with the airway floor designated alternate segment to coincide with the The proposals contained in this notice from Farmington 1,200 feet AGL Cortez, centerline of V-448 proposed for exten­ may be changed in the light of comments 1.200 feet AGL Dove Creek, 17 miles, sion herein. received. 1.200 feet AGL, 28 miles, 11,500 feet MSL, Interested persons may participate in An official docket will be available for thence 1,200 feet AGL to Grand Junction, the proposed rule making by submitting examination by interested persons at the excluding the airspace between the main such written data, views, or arguments Federal Aviation Administration, Office and alternate. This proposed airway re­ as they may desire. Communications of the General Counsel, Attention: Rules alignment would provide a direct route should identify the airspace docket num­ Docket, 800 Independence Avenue SW., with controlled airspace for instrument ber and be submitted in triplicate to the Washington, D.C- 20590. An informal flight rule air traffic operating between Director, Western Region, Attention: docket also will be available for examina­ Farmington and Grand Junction. It Chief, Air Traffic Division, Federal Avia­ tion at the office of the Regional Air would also reduce the en route mileage tion Administration, 5651 West Man­ Traffic Division Chief. between these two terminals by approxi­ chester Avenue, Post Office Box 90007, These amendments are proposed under mately 10 miles. Airport Station, Los Angeles, Calif. the authority of section 307(a) of the Interested persons may participate in 90009. All communications received with­ Federal Aviation Act of 1958 (49 U.S.C. the proposed rule making by submitting in 30 days after publication of this notice 1348). such written data, views, or arguments in the F ederal R egister will be consid­ Issued in Washington, D.C., on as they may desire. Communications ered before action is taken on the pro­ should identify the airspace docket num­ March 26,1968. posed amendments. The proposals con­ H. B. H elstrom, ber and be submitted in triplicate to the tained in this notice may be changed in Director, Western Region, Attention: Chief, Airspace and Air the light of comments received. Traffic Rules Division. Chief, Air Traffic Division, Federal Avia­ An official docket will be available for tion Administration, 5651 West Man­ [F.R. Doc. 68-3845; Filed, Mar. 29, 1968; examination by interested persons at 8 :4 9 a.m .] chester Avenue, Post Office Box 90007, the Federal Aviation Administration, Airport Station, Los Angeles, Calif. 90009. All communications received within 30 Office of the General Counsel, Attention: Rules Docket, 800 Independence Avenue [14 CFR Part 71 1 days after publication of this notice in SW., Washington, D.C. 20590. An infor­ the Federal R egister will be considered mal docket also will be available for ex­ [Airspace Docket No. 68—WE-17] before action is taken on the proposed amendment. The proposal contained in amination at the office of the Regional VOR FEDERAL AIRWAY _Air Traffic Division Chief. this notice may be changed in the light Proposed Extension of comments received. These amendments are proposed under An official docket will be available for the authority of section 307(a) of the The Federal Aviation Administration examination by interested persons at the Federal Aviation Act of 1958 (49 U.S.C. is considering an amendment to Part 71 Federal Aviation Administration, Office 1348). of the Federal Aviation Regulations that of the General Counsel, Attention: Rules Issued in Washington, D.C., on would extend VOR Federal airway No. Docket, 800 Independence Avenue SW., March 26, 1968. 101 from Ogden, Utah, direct Salt Lake Washington, D.C. 20590. An informal H. B. Helstrom, City, Utah, direct to Vernal, Utah. The docket also will be available for examina­ Chief, Airspace and Air airway floors would be designated from tion at the office of the Regional Air Traffic Rules Division. Ogden 1,200 feet AGL Salt Lake City, Traffic Division Chief. 25 miles, 1,200 feet AGL; 20 miles, 12,500 [F.R. Doc. 68-3844; Filed, Mar. 29, 1968; feet MSL; 50 miles, 14,500 feet MSL; This amendment is proposed under the 8 :4 9 a.m .] authority of section 307(a) of the Fed­ thence 1,200 feet AGL to Vernal. The eral Aviation Act of 1958 (49 U.S.C. proposed segment from Salt Lake City [ 14 CFR Pari 71 1 to Vernal would provide a route with 1348). controlled airspace for instrument flight Issued in Washington, D.C., on [Airspace Docket No. 68-W E —10] rule air traffic operating direct between March 27, 1968. FEDERAL AIRWAY these terminals. The proposed segment H. B. H elstrom, between Ogden and Salt Lake City will Chief, Airspace and Air Proposed Extension permit route number continuity and Traffic Rules Division. The Federal Aviation Administration facilitate flight planning through use of [F.R. Doc. 68-3843; Filed, Mar. 29, 1968; is considering an amendment to Part 71 an existing VOR Federal airway number. 8:4 8 a.m.] of the Federal Aviation Regulations that Interested persons may participate in would extend VOR Federal airway No. the proposed rule making by submitting [14 CFR Part 71 1 328 from Jackson, Wyo., via Big Piney, such written data, views, or arguments as [Airspace Docket No. 68—WE—2] Wyo., to Rock Springs, Wyo., with the they may desire. Communications should FEDERAL AIRWAY airway floor from Jackson 1,200 feet AGL identify the airspace docket number and to Big Piney, 9,500 feet MSL for 53 miles be submitted in triplicate to the Di­ Proposed Extension thence 1,200 feet AGL to Rock Springs. rector, Western Region, Attention: Chief, This proposed segment of V-328 would Air Traffic Division, Federal Aviation The Federal Aviation Administration Administration, 5651 West Manchester is considering amendments to Part 71 of provide a route with controlled airspace

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 PROPOSED RULE MAKING 5225

Avenue, Post Office Box 90007, Airport Washington, D.C. 20590, An informal [ 14 CFR Parts 71, 75 1 Station, Los Angeles, Calif. 90009. All docket also will be available for exami­ communications received within 30 days nation at the office of the Regional Air [Airspace Docket No. 67-EA-128] after publication of this notice in the Traffic Division Chief. JET ROUTES, REPORTING POINTS, F ederal R e g is t e r will be considered be­ These amendments are proposed under TRANSITION AREAS, AND OFF­ fore action is taken on the proposed the authority of section 307(a) of the SHORE CONTROLLED AIRSPACE amendments. The proposals contained in Federal Aviation Act of 1958 (49 U.S.C, this notice may be changed in the light 1348). Proposed Designation and Alteration of comments received. Issued in Washington, D.C., on March The Federal Aviation Administration An official docket will be available for 26, 1968. is considering amendments to Parts 71 examination by interested persons at the H . B. H e l s t r o m , and 75 of the Federal Aviation Regula­ Federal Aviation Administration, Office Chief, Airspace and Air tions which would: of the General Counsel, Attention: Rules Traffic Rules Division. 1. Extend J-63 from Kennedy, N.Y., Docket, 800 Independence Avenue SW., via the Kennedy 143° T (154° M) radial Washington, D.C. 20590. An informal [F.R. Doc. 68-3847; Filed, Mar. 29, 1968; 8 :4 9 a.m .] to the Tuna INT, and list this jet route docket also will be available for examina­ segment in § 71.161 to provide controlled tion at the office of the Regional Air airspace. Traffic Division Chief. [ 14 CFR Part 71 1 2. Designate a new jet route from This amendment is proposed under the [Airspace Docket N o. 68—WE -1 4 ] Sea Isle, NJT., via the Sea Isle 134° T authority of section 307(a) of the Fed­ (143° M) radial to the Shad INT, and list eral Aviation Act of 1958 (49 U.S.C. VOR FEDERAL AIRWAY this jet route segment in § 71.161 to pro­ 1348). Proposed Designation vide controlled airspace. Issued in Washington, D.C., on March 3. Enlarge Control 1147 to add that 27, 1968. The Federal Aviation Administration airspace at and above 2,000 feet MSL H . B . H e l s t r o m , is considering an amendment to Part 71 bounded by a line beginning at latitude Chief, Airspace and Air of the Federal Aviation Regulations that 40°02'15" N., longitude 73°13'45" W.; Traffic Rules Division. would designate a VOR Federal airway to latitude 40° 05 '45" N., longitude 73 °- [Fit. Doc. 68-3846; Filed, Mar. 29, 1968; from Baker, Oreg., with a 1,200-foot 09'15" W.; to latitude 39°26'35" N., 8 :4 9 a.m.] AGL floor to Ephrata, Wash., via Walla longitude 72°24'25" W.; to the point of Walla, Wash.; and Moses Lake, Wash. beginning. This proposed airway would provide a 4. Enlarge Control 1148 to include that [ 14 CFR Part 71 1 route with controlled airspace for in­ airspace at and above 2,000 feet MSL strument type air traffic operating be­ which is 5 miles southwest of and parallel [Airspace Docket No. 68-W E-21] tween these terminals. to the Sea Isle, N.J., 134° T (143° M) VOR FEDERAL AIRWAYS Interested persons may participate in radial, extending from Sea Isle to a point the proposed rule making by submitting 40 miles southeast of Sea Isle. Proposed Extension such written data, views, or arguments 5. Enlarge the Wrightstown, N.J., .as they may desire. Communications transition area to include that airspace at The Federal Aviation Administratior and above 2,000 feet MSL which is is considering amendments to Part 71 oJ should identify the airspace docket num­ ber and be submitted in triplicate to the bounded on the northwest by the south­ the Federal Aviation Regulations thal east boundary of V-139/V-308, on the would extend VOR Federal airway No Director, Western Region, Attention: 121 from Eugene, Oreg., with a 1,200-fool Chief, Air Traffic Division, Federal Avia­ northeast by the southwest boundary of tion Administration, 5651 West Man­ Control 1147, and on the south by a line AGL floor to Redmond, Oreg., via thi along latitude 39°44'00" N. intersection of Eugene 070° T (050° M) chester Avenue, Post Office Box 90007, and the Redmond 281° T (261° M) Airport Station, Los Angeles, Calif. 6. Designate a VHF reporting point at radials; extend VOR Federal airway No Shad INT (latitude 37°43'00" N., lon­ 90009. All communications received gitude 73 ° 00'00" W .). This would include 536 from Redmond with a 1,200-fool within 30 days after publication of this AGL floor direct to Corvallis, Oreg. These (1) the Shad DME INT (Sea Isle, N.J., notice in the F ederal R e g is t e r will be proposed airway extensions would pro­ 134° T (143° M) radial, 118 nautical miles vide routes with controlled airspace foi considered before action is taken on the from Sea Isle) designated upward from instrument flight rule air traffic operat­ proposed amendment. The proposal the minimum reception altitude; and ing between the Bend/Redmond anc contained in this notice may be changed (2) Shad INT (INT of Sea Isle 134° T (143° M) and Norfolk, Va., 071° T (078° Eugene/Corvallis, Oreg., terminal areas, in the light of comments received. M) radials designated from 18,000 feet Interested persons may participate in An official docket will be available for MSL to FL 600. the proposed rule making by submitting examination by interested persons at the Interested persons may participate in such written data, views, or arguments the proposed rule making by submitting as they may desire. Communications Federal Aviation Administration, Office of the General Counsel, Attention: Rules such written data, views, or arguments as should identify the airspace docket num­ they may desire. Communications should ber and be submitted in triplicate to the Docket, 800 Independence Avenue SW„ identify the airspace docket number and »rector, Western Region, Attention: Washington, D.C. 20590. An informal be submitted in triplicate to the Director, Chief, Air Traffic Division, Federal Avi- docket also will be available for examina­ Eastern Region, Attention: Chief, Air Administration, 5651 West Man­ tion at the office of the Regional Air Traffic Division, Federal Aviation Ad­ chester Avenue, Post Office Box 90007, ministration, Federal Building, John F. Airport Station, Los Angeles, Calif. 90009. Traffic Division Chief. This amendment is proposed under Kennedy International Airport, Jamaica, Ail communications received within 30 N.Y. 11430. All communications received ®after cation of this notice in the authority of section 307(a) of the within 30 days after publication of this the F ederal R e g ist e r will be considered Federal Aviation Act of 1958 (49 U.S.C. notice in the F ederal R e g is t e r will be J ° r e action is taken on the proposed 1348). considered before action is taken on the amendments. The proposals contained in proposed amendments. The proposals this notice may be changed in the light Issued in Washington, D.C,, on March of comments received. contained in this notice may be changed 26, 1968. in the light of comments received. H . B. H e l s t r o m , Av^ . offl®ial docket will be available for An official docket will be available for ^nun^tion by interested persons at the Chief, Airspace and Air Traffic Rules Division. examination by interested persons at the federal Aviation Administration, Office Federal Aviation Administration, Office n J lw G o«eral Counsel, Attention: Rules [FJR. Doc. 68-3848; Filed, Mar. 29, 1968; of the General Counsel, Attention: Rules ocket, 800 Independence Avenue SW., 8 :4 9 a.m .] Docket, 800 Independence Avenue SW.,

No. 63- FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5226 PROPOSED RULE MAKING

Washington, D.C. 20509. An informal all altitudes for operation along Control Part 73 of the Federal Aviation Regula­ docket also will be available for examina­ 1148 which is predicated upon Millville, tions (FARs) which would increase the tion at the office of the Regional Air N.J., low frequency RBN. Position reports time of designation of six restricted Traffic Division Chief. of all aircraft over Shad INT are re­ areas near Fallon, Nev. As parts of these proposals relate to quired for traffic control purposes. Desig­ Interested persons may participate in the navigable airspace outside the nation of a jet route between Sea Isle the proposed rule making by submitting United States, this notice is submitted and Shad INT as proposed herein would such written data, views, or arguments in consonance with the ICAO Interna­ require designation of a Shad VHP INT. as they may desire. Communications tional Standards and Recommended A proposal to amend Part 99 of the should identify the airspace docket Practices. Federal Aviation Regulations to realign number and be submitted in triplicate Applicability of International Stand­ the Atlantic Coastal Air Defense Identi­ to the Director, Western Region, Atten­ ards and Recommended Practices, by the fication Zone (ACADIZ) so that aircraft tion: Chief, Air Traffic Division, Federal Air Traffic Service, FAA, in areas outside being radar vectored from the vicinity Aviation Administration, 5651 West domestic airspace of the United States is of South Island INT to Coyle VORTAC Manchester Avenue, Post Office Box governed by Article 12 and Annex 11 to would not cross the boundary of the 90007, Airport Station, Los Angeles, the Convention on International Civil ACADIZ, will be the subject of separate Calif. 90009. All communications re­ Aviation (ICAO), which pertains to the rule making action. ceived within 30 days after publication establishment of air navigation facilities of this notice in the F ederal R eg ister In conjunction with the foregoing rule will be considered before action is taken and services necessary to promoting the making proposals, the following ancil­ safe, orderly and expeditious flow of on the proposed amendments. The pro­ lary nonrule making actions are pro­ posals contained in this notice may be civil air traffic. Its purposes is to insure posed: that civil flying on international air changed in the light of comments re­ routes is carried out under uniform con­ 1. Warning Area W-106, Patchogue, ceived. ditions designed to improve the safety N.Y., would be reduced by disestablishing An official docket will be available for and efficiency of air operations. that portion of W-106 bounded by a line examination by interested persons at the The International Standards and beginning at latitude 40°07'22" N., longi­ Federal Aviation Administration, Office Recommended Practices in Annex 11 tude 73T5'00" W.; to latitude 39°44'00" of the General Counsel, Attention: Rules apply in those parts of the airspace un­ N., longitude 72°43'40" W.; to latitude Docket, 800 Independence Avenue SW., der the jurisdiction of a contracting 40T3T5" N., longitude 73T5'00" W.; to Washington, D.C. 20590. An informal state, derived from ICAO, wherein air point of beginning. Such action would docket also will be available for examina­ traffic services are provided and also reduce from W-106 that airspace re­ tion at the office of the regional Air whenever a contracting state accepts quired for operating along J-63 as pro­ Traffic Division Chief. the responsibility of providing air traffic posed between Kennedy and Tuna INT. The FAA is considering a request by services over high seas or in airspace of 2. Warning Area W-107, Atlantic the Department of the Navy to extend undetermined sovereignty. A contracting City Offshore, N.J., would be reduced by the time of designation of the following disestablishing that portion of W-107 restricted areas: state accepting such responsibility may R-4802 Lone Rock, Nev., from “ Con- apply the International Standards and above 2,000 feet MSL bounded by a line from latitude 39°44'00" N., longitude tihuous Monday through Saturday” to Recommended Practices to civil aircraft “Continuous.” in a manner consistent with that adopted 73°40'15" W.; latitude 39°51'10" N., longitude 73°27T5" W.; latitude 39°44'- R-4803 Fallon, Nev., from “ Con­ for airspace under its domestic tinuous Monday through Saturday” to jurisdiction. 00" N., longitude 73°19'50" W.; to point of beginning. This airspace would be “ Continuous.” In accordance with Article 3 of the R-4804 Twin Peaks, Nev., from “Con­ Convention on International Civil Avia­ added to the Wrightstown, N.J., transi­ tion area and would provide controlled tinuous Monday through Saturday” to tion, Chicago, 1944, state aircraft are airspace for aircraft operating between “ Continuous.” exempt from the provisions of Annex 11 Rr-4810 Desert Mountains, Nev., from and its Standards and Recommended Coyle, N.J., and the vicinity of South Island INT located in Control 1147. “ Continuous Monday through Saturday” Practices. As a contracting state, the to “Continuous.” United States agreed by Article 3(d) that 3. Establish a nonrule radar jet ad­ its state aircraft will be operated in in­ visory area from Kennedy, N.Y., VOR­ Rr-4812 Sand Springs, Nev., from ternational airspace with due regard for TAC via J-63 to Tuna INT, excluding “Continuous Monday through Saturday” the safety of civil aircraft. that airspace within positive control area. to “ Continuous.” Since this action involves, in part, the 4. Establish a nonrule radar, jet advis­ Rr-4813 Carson Sink, Nev., from designation of navigable airspace outside ory area from Sea Isle, N.J., VORTAC “Sunrise to sunset, Monday through the United States, the Administrator via the proposed jet route to Shad TNT, Saturday” to “Continuous.” has consulted with the Secretary of State excluding that airspace within positive The increase in training requirements and the Secretary of Defense in ac­ control area. for Navy and Marine fleet squadrons has cordance with the provision of Executive These amendments are proposed under resulted in overloading these restricted Order 10854. the authority of sections 307(a) and 1110 areas as presently designated. In addi­ tion, squadrons deploying to Southeast The extension of J-63 to Tuna INT and of the Federal Aviation Act of 1958 (49 Asia are required to conduct approxi­ designation of a new jet route between U.S.C. 1348, 1510) and Executive Order Sea Isle and Shad INT would facilitate mately one-third of their weapons de­ the navigational capability of those air­ 10854 (24 F.R. 9565). livery training at night. craft operating along Controls 1147 and Issued in Washington, D.C., on March By extending the time of designation 1148 which are presently predicated upon 27,1968. of these restricted areas to “Continuous,” low frequency navigational aids. H . B. H e l s t r o m , the additional training can be accom­ plished. The increased night flying will The expansion of Controls 1147 and Chief, Airspace and Air Traffic Rules Division. relieve the daytime congestion thereby 1148 and the Wrightstown transition permitting periodic release of some of area would provide additional controlled [F.R. Doc. 68-3840; Filed, Mar. 29, 1968; the restricted areas for public use under airspace and maneuvering room for 8:4 8 a jn .] radar vectors of aircraft transitioning the joint-use program. between Controls 1147 and 1148 and If this proposed action is taken, the their associated jet routes as proposed [14 CFR Part 73 1 time of designation of restricted areas R^-4802, R-4803, R-4804, R^4810, R-4812, herein, and between the vicinity of South [Airspace Docket No. 68—WE—9] Island INT (INT of Coyle, N.J., 090° T and R-4813 would be changed to read (100° M) and Kennedy, N.Y., 148° T RESTRICTED AREAS “Continuous.” (159° M) radials and the Coyle VOR- Proposed Alteration This amendment is proposed under the TAC). authority of section 307(a) of the Fed­ At the present time the Shad low fre­ The Federal Aviation Administration eral Aviation Act of 1958 (49 U.S.C. quency reporting point is designated at (FAA) is considering amendments to 1348). FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 PROPOSED RULE MAKING 5227 Issued in Washington, D.C., on March [ 14 CFR Part 103 1 of Part 103, dangerous articles are those 20, 1968. [Docket No. 8788; Notice 6 8 - 8 ] defined and regulated in Parts 172 T . M cC o r m a c k , through 178 of Title 49 of the Code of Acting Chief, Airspace and TRANSPORTATION OF DANGEROUS Federal Regulations. Under 49 CFR Air Traffic Rules Division. 172.5, aviation fuel is a dangerous article [F.R. Doc. 68-3814; Filed, Max. 29, 1968} ARTICLES AND MAGNETIZED MA­ TERIALS classified as a flammable liquid. Subject 8:46 a.m.}- to certain exceptions, which are not ap­ Carriage of Extra Aviation Fuel by plicable to aviation fuel, § 103.7 provides [ 14 CFR Part 75 ] Small Helicopters that no person may carry any dangerous article in a passenger-carrying aircraft. [Airspace D ocket N o. 68- C E - l l ] The Federal Aviation Administration For the purposes of Part 103, a passen­ is considering amending Part 103 of the JET ROUTES ger-carrying aircraft is defined in Federal Aviation Regulations to permit § 103.3(c) as an aircraft that carries any Proposed Designation and Extension small helicopters to carry 20 gallons of person other than a crewmember, com­ aviation fuel on external racks when pany employee, an authorized repre­ The Federal Aviation Administration operated in remote areas of the United sentative of the United States, or a is considering amendments to Part 75 of States. person accompanying the shipment. the Federal Aviation Regulations that Interested persons are invited to par­ A similar problem with small aircraft would designate a jet route from Billings, ticipate in the making of the proposed in the State of Alaska was solved by the Mont., via Rapid City, S. Dak., O’Neill, rule by submitting such written data, addition of § 103.33 which permits the Nebr.; Des Moines, Iowa; to St. Louis, views, or arguments as they may desire. carriage of 20 gallons of extra fuel under Mo.; extend Jet Route No. 45 from Des Communications should identify the specified conditions. This type of relief Moines, Iowa, via Sioux Falls, S. Dak., regulatory docket or notice number and would be even more appropriate for a to Aberdeen, S. Dak. The proposed jet be submitted in duplicate to: Federal helicopter since it can usually land and route between St. Louis and Billings Aviation Administration, Office of the refuel at many points along its route. would junction with Jet Route No. 90 at General Counsel, Attention: Rules In addition, there have been several ex­ Billings to provide route continuity for Docket GC-24, 800 Independence Ave­ emptions granted to small helicopters turbojet traffic operating between St. nue SW., Washington, D.C. 20590. All permitting the carriage of external fuel. Louis and Seattle, Wash. The extension communications received on or before The FAA has not found that the opera­ of J-45 from Des Moines to Aberdeen May 28, 1968, will be considered by the tions under § 103.33 or these exemptions would junction with Jet Route No. 70 Administrator before taking action on have had any adverse effect on safety. at Aberdeen to provide an alternate route the proposed rule. The proposal con­ On the contrary, it appears that, under for this St. Louis to Seattle turbojet tained in this notice may be changed in traffic. proper conditions, this extra fuel can the light of comments received. All com­ improve safety of operation. There are Interested persons may participate in ments submitted will be available, both many incidents on record, particularly the proposed rule making by submitting before and after the closing date for in these remote mountainous areas, such written data, views, or arguments comments, in the Rules Docket for ex­ where unexpected headwinds have as they may desire. Communications amination by interested persons. caused fuel starvation and accidents should identify the airspace docket num­ Helicopters are widely utilized in re­ have occurred even though the fuel load ber and be submitted in triplicate to the mote, mountainous areas of the United appeared adequate at the outset of the Director, Central Region, Attention; States for a variety of purposes. Among flight. Chief, Air Traffic Division, Federal Avia­ other things, these include pipeline and The FAA proposes to amend § 103.33 tion Administration, Federal Building, powerline patrol, geological and con­ to permit the carriage of extra fuel by 601 East 12th Street, Kansas City, Mo. struction surveys, exploration for min­ small helicopters operating into remote 64106. All communications received eral resources, terrain mapping, and areas of- the United States as well as by within 30 days after publication of this rescue work. These missions can usually the small airplanes in Alaska. The pro­ notice in the F ederal R egister will be be accomplished by small helicopters posed amendment would also clarify the considered before action is taken on the carrying a pilot and one or two pas­ conditions for this type of operation and proposed amendments. The proposals sengers. However, these small helicopters provide greater flexibility in the choice contained in this notice may be changed have a rather limited range under of containers. Since most of the small in the light of comments received. normal operating conditions and the helicopters involved are or can be fitted slower speeds necessary for many of with external racks, the extra fuel would An official docket will be available for these missions restrict their range even have to be carried on these racks to examination by interested persons at the more. With the lack-of suitable fueling provide an additional measure of safety. Federal Aviation Administration, Office facilities in these areas, small helicopters ■ In consideration of the foregoing, it of the General Counsel, Attention: Rules are severly handicapped in conducting is proposed to amend Part 103 of the Docket, 800 Independence Avenue SW., these operations. Federal Aviation Regulations by amend­ Washington, D.C. 20590. An informal Prepositioning of fuel has been con­ ing § 103.33 to read as follows: docket also will be available for examina­ sidered by the operators but this has not § 103.33 Transportation o f gasoline, proved feasible for several reasons. There kerosene, or aviation fuel in small tion at the office of the Regional Air are very few roads in these remote areas aircraft. Traffic Division Chief. and these are usually impassable in A small aircraft operated entirely These amendments are proposed under winter and spring. Prepositioning of fuel within the State of Alaska or a small the authority of section 307(a) of the normally requires several days which is helicopter operated into, a remote area Federal Aviation Act of 1958 (49 U.S.C an impracticable delay for many of these in the United States may carry, in other flights. If the fuel is placed sufficiently 1348). than scheduled passenger-carrying far in advance to avoid these problems, operations, not more than 20 gallons of Issued in Washington, D.C., on March the possibility of fuel contamination 26,1968. arises. gasoline, kerosene, or aviation fuel, if— (a) Air transportation is the only One other possibility for overcoming H. B. H e l s t r o m , practical means of providing suitable the limited range is the carriage of extra fuel; Chief, Airspace and Air fuel by the helicopters. However, the Traffic Rules Division. (b) The flight is necessary to meet the provisions of Part 103 do not permit the needs of the passengers; [F.R. Doc. 68-3841; Filed, Mar. 29, 1968; carriage of this additional fuel. Section 8:48 a m .] (c) The fuel is carried in metal con­ 103.1(b) provides that, for the purposes tainers that are either—

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5228 PROPOSED RULE MAKING

(1) DOT Specification 2A containers (e) The area or compartment in which (g) Fuel is transferred to the fuel of not more than 5 gallons capacity, each the fuel is loaded is ventilated so as to tanks only while the aircraft is on the packed inside DOT Specification 12B prevent the accumulation of fumes; surface. fiberboard boxes; or (f ) Before each flight, the pilot in This amendment is proposed under the (2) Airtight, leakproof, inside con­ command— authority of sections 313(a) and 601(c) tainers of not more than 10 gallons (1) Informs each passenger of the Cf the Federal Aviation Act of 1958 (49 capacity and of at least 28-gauge metal, location of the fuel and the hazards U.S.C. 1354(a) and 1421(c)). e#,ch packed inside a DOT Specification involved; issued in Washington, D.C., on March 15A, 15B, 15C, 16A, 19A, and 19B box or, (2) Prohibits smoking, lig h t i n g 2q 1968 for small aircraft in Alaska, each packed matches, the carrying of any lighted • * R. S. S liff, in an outside wooden box of at least cigar, pipe, cigarette, or flame, and the Acting Director, one-half inch thickness. use of anything that might cause an open Flight Standards Service. (d) On helicopters, the fuel is carried flame or spark, while loading or unload- [f .r . D o c . 68-3810; Filed, Mar. 29, 1968; on external cargo racks; ing or in flight; and 8:46 a.m.]

FEDERAL REGISTER. VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5229 N otices

( 1 ) No change. (2) No change. DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR (3) No change. Internal Revenue Service Office of the Secretary (4) No change. [Order 11, Rev. 4] ROBERT V. HUGO This statement is made as of March 21, 1968. OFFERS IN COMPROMISE Statement of Changes in Financial Dated: March 21, 1968. Delegation of Authority Regarding Interests C harles S. M cN eer. Acceptance or Rejection In accordance with the requirements of section 710(b)(6) of the Defense [F.R. Doc. 68-3804; Filed, Mar. 29, 1968; Pursuant to the authority vested in the 8 :4 5 a.m.] Commissioner of Internal Revenue by Production Act of 1950, as amended, and Treasury Department Order No. 150-25 Executive Order 10647 of November 28, dated June 1, 1953, as amended by Or­ 1955, the following changes have taken der No. 180 dated November 17,1953, and place in my financial interests during the DEPARTMENT OF AGRICULTURE Order No. 150-36 dated August 17, 1954, past 6 months: 26 CPR 301.7122-1 and 26 CFR 301.7701- (1) No change. Packers and Stockyards 9, it is hereby ordered : (2) No change. Administration 1. District Directors, Assistant District (3) No change. Directors, the Director of International (4) No change. TALLULA AUCTION CO. ET AL. Operations, and the Assistant Director This statement is made as of March 18, Posted Stockyards of International Operations are delegated 1968. authority, under section 7122 of the In­ Pursuant to the authority delegated ternal Revenue Code, to accept offers Dated: March 18,1968. under the Packers and Stockyards Act, in compromise in cases in which the R obert V . H ugo. 1921, as amended (7 U.S.C. 181 et seq.), liability sought to be compromised (in­ [F.R. Doc. 68-3802; Filed, Mar. 29, 1968; on the respective dates specified below, cluding any interest, additional amount, 8 :4 5 a.m.] it was ascertained that the livestock addition to the tax, or assessable markets named below were stookyards penalty) is less than $100,000, to accept offers involving specific penalties, and JOHN H. KUNE within the definition of that term con­ to reject offers in compromise regard­ Statement of Changes in Financial tained in section 302 of the Act, as less of the amount of liability sought to Interests amended (7 U.S.C. 202), and notice was be compromised. This authority does not given to the owners and to the public by pertain to offers in compromise of lia­ In accordance with the requirements posting notice at the stockyards as re­ bilities arising under laws relating to of section 710(b) (6) of the Defense alcohol, tobacco, and firearms taxes. Production Act of 1950, as amended, and quired by said section 302. 2. Service Center Directors, Assistant Executive Order 10647 of November 28, 'Name, location of stockyard, and date of Service Center Directors, and Chiefs, Ac­ 1955, the following changes have taken posting counting and Adjustment Divisions are place in my financial interests during I l l in o is delegated authority, under section 7122 the past 6 months: Tallula Auction Co., Tallula, Feb. 19, 1968. of the Internal Revenue Code, to accept or reject offers in compromise limited to (1) No change. I o w a (2) No change. Tripoli Livestock Auction, Tripoli, Feb. 1, specific penalties (except those arising (3) No change. 1968. under laws relating to alcohol, tobacco, (4) No change. and firearms taxes) ; ad valorem delin­ K a n sa s quency penalties relating to employment This statement is made as of March 1, Bonner Springs Auction, Inc., Bonner Springs, taxes under Subtitle C of the Internal 1968. Dec. 15, 1967.

Revenue Code and ad valorem delin­ Dated: March 1,1968. N o r t h C a r o lin a quency penalties relating to excise taxes reportable on Form 720, Quarterly Fed­ J ohn H . K l in e . Watauga Livestock Market, Inc., Boone, Feb. 9, 1968. eral Excise Tax Return, and Form 2290, [F.R. Doc. 68-3803; Filed, Mar. 29, 1968; V ir g in ia Federal Use Tax Return on Highway 8 :4 5 a.m.] Motor Vehicles. Scott County Livestock Market, Gate City, 3. The authority delegated herein may Feb. 16,1968. not be redelegated. CHARLES S. McNEER N e w M exico 4. This Order supersedes Delegation Statement of Changes in Financial Valley Livestock Auction Co., Albuquerque, 19^r 11 3* lssued June 14, Interests Jan. 15,1968. In accordance with the requirements Done at Washington, D.C., this 26th Date of issuance: March 28, 1968. of section 710(b) (6) of the Defense Pro­ day of March 1968. Effective date: March 28,1968. G . H. H opper, duction Act of 1950, as amended, and Acting Chief, Registrations, [seal] S heldon S . C oh en, Executive Order 10647 of November 28, Bonds and Reports Branch, Commissioner. 1955, the following changes have taken Livestock Marketing Division. [F.R. Doc. 68-3849; Filed, Mar. 29, 1968; place in my financial interests during the [F.R. Doc. 68-3825; Filed, Mar. 29, 1968; 8 :4 9 a m .] past 6 months: 8 :4 7 a m .]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5230 NOTICES ortho-nitroaniline, N-Heptane, isooctane, tions with respect to, or in the receiving, DEPARTMENT OF COMMERCE and sebacic acid. ordering, buying, selling, delivering, stor­ 3. The commercial invoices from the ing, using, or disposing of any com­ Bureau of International Commerce supplier to the respondent, and the bills modities or technical data; (e) in the [Case 381] of lading covering the exportations, financing, forwarding, transporting, or copies of which were furnished to re­ other servicing of such commodities or CLAUS HUTH spondent, each bore the following desti­ technical data. Consent Order Denying Export nation control statement: “U.S. law in. Such denial of export privileges shall extend not only to the respondent, Privileges prohibits disposition of these commodi­ ties to the Soviet Bloc, Communist but also to his representatives, agents, In the matter of Claus Huth, Georgs- China, North Korea, Macao, Hong Kong, partners, and employees, and also to any platz 1A, 2 Hamburg 1, Federal Republic Communist controlled areas of Viet Nam person, firm, corporation, or other busi­ of Germany, Respondent, Case No. 381. and Laos, or Cuba, unless otherwise ness organization with which he now or By charging letter dated September 29, authorized by the United States” . hereafter may be related by affiliation, 1967, the respondent was charged by the 4. Notwithstanding the aforesaid no­ ownership, control, position of respon­ Director, Investigations Division, Office tification the respondent reexported the sibility, or other connection in the con­ of Export Control, Bureau of Interna­ chemicals included in said eleven ship­ duct of trade or services connected tional Commerce, with having violated ments to his customers in Hungary, therewith. the U.S. Export Regulations. The re­ Romania, and Czechoslovakia. XV. Six months after the effective date spondent was served with the charging 5. At the time the respondent made hereof, without further order of the letter» Pursuant to the provisions of each of the eleven reexportations in Bureau of International Commerce, the § 382.10 of the Export Regulations, with question the Export Regulations required respondent shall have his export privi­ agreement of the Director of the Investi­ that the respondent obtain prior author­ leges restored conditionally and there­ gations Division, the respondent sub­ ization to do so from the Office of Export after for the remainder of the denial mitted to the Compliance Commissioner Control, U.S. Department of Commerce. period the respondent shall be on proba­ a proposal for the issuance of a consent The respondent knew or should have tion. The conditions of probation are order substantially in the form herein­ known of this requirement, but he did that the respondent shall fully comply after set forth. In said consent proposal not obtain the necessary authorization. with all requirements of the Export Con­ the respondent admitted for the purpose Based on the foregoing I have con­ trol Act of 1949, as amended, and all of this compliance proceeding only the cluded that the respondent violated regulations, licenses, and orders issued charges set forth in the charging letter. § 382.6 of the Export Regulations in that thereunder. He waived all right to an oral hearing without authorization of the Office of Ex­ V. Upon a finding by the Director, before the Compliance Commissioner port Control, he knowingly reexported Office of Export Control, or such other and consented to the issuance of an commodities to destinations contrary to official as may be exercising the duties order. He also waived all right of admin­ the terms of export control documents, now exercised by him, that the respond­ istrative appeal from, and judicial to notifications of prohibitions against ent has knowingly failed to comply with review of, such order. such actions, and to the provisions of the requirements and conditions of this On April 24, 1967, effective as of § 371.4 of said regulations. order or with any of the conditions of April 29, 1967 (32 F.R. 6735) an order I have considered the record in the case probation, said official at any time, with denying export privileges for an indefi­ and also the fact that the respondent or without prior notice to said respond­ nite period was entered against the was subject to an order denying- U.S. ent, by supplemental order, may revoke respondent because he had failed to export privileges from April 29, 1967 to the probation of said respondent, revoke respond to interrogatories which had July 21, 1967. The consent proposal is all outstanding validated export licenses been served on him pursuant to § 382.12 hereby accepted and being of the view to which said respondent may be a party, of the Export Regulations, and to fur­ that the following order is calculated to and deny to said respondent all export nish certain relevant documents which achieve effective enforcement of the law privileges for a period up to 36 months. had been requested, as required by said and the purposes thereof: It is hereby Such order shall not preclude the Bureau section. Subsequently the respondent ordered: of International Commerce from taking furnished responsive answers to the I. All outstanding validated exportfurther action for any violation as shall interrogatories and also furnished the licenses in which respondent appears be warranted. On the entry of a supple­ documents requested. On July 21, 1967, or participates in any manner or capacity mental order revoking respondent’s the indefinite denial order was termi­ are hereby revoked and shall be returned probation without notice, he may file nated. (32 F.R. 11048.) forthwith to the Bureau of International objections and request that such order The Compliance Commissioner has re­ Commerce for cancellation. be set aside, and may request an oral hearing, as provided in § 382.16 of the viewed the facts in the case and the t t Except as qualified in Part IV respondent’s proposal. He has approved Export Regulations, but pending such hereof, the respondent for a period of 42 further proceedings, the order of revoca­ the proposal and recommended that it months from the effective date of this be accepted. order is hereby denied all privileges of tion shall remain in effect. After considering the facts in the case, participating, directly or indirectly, in VI. During the time when the re­ the Compliance Commissioner’s recom­ any manner or capacity, in any transac­ spondent or other person within the mendation and the consent proposal, I tion involving commodities or technical scope of this order is prohibited from en­ hereby make the following findings of data exported from the United States, in gaging in any activity within the scope fa ct: whole or in partj or to be exported, or of Part II hereof, no person, firm, cor­ 1. The respondent Claus Huth is the which are otherwise subject to the export poration, partnership, or other business owner of the business which he conducts regulations. Without limitation of the organization, whether in the United under his own name in Hamburg, West generality of the foregoing, participation States or elsewhere, without prior dis­ Germany. He is engaged as a wholesale prohibited in any such transaction, either closure to and specific authorization dealer, and importer and exporter of in the United States or abroad, shall from the Bureau of International Com­ chemicals. include participation: (a) As a party or merce, shall do any of the following acts, 2. In the period from March 1963 as a representative of a party to any directly or indirectly, in any manner or through July 1965, a UH. supplier, pur­ validated export license application; (b) capacity, on behalf of or in any associa­ suant to orders placed by respondent, in the preparation or filing of any export tion with the respondent or other person made eleven exportations of U.S.-origin license application or reexportation denied export privileges within the scope chemicals to the respondent in Federal authorization, or document to be sub­ of this order, or whereby said respondent Republic of Germany. The chemicals, in mitted therewith; (ch in the obtaining or such other person may obtain any the various shipments, having a total or using of any validated or general ex­ benefit therefrom or have any interest or value in excess of $60,000, consisted of port license or other export control docu­ participation therein, directly or indi­ trimellitic anhydride, triethyl phosphite, ments; (d) in the carrying on of negotia­ rectly; (a) apply for, obtain, transfer,

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 NOTICES 5231

or use any license, Shipper’s Export Dated at Bethesda, Md., March 25, Declaration, bill of lading, or other ex­ ATOMIC ENERGY COMMISSION 1968. port control document relating to any exportation, reexportation, transship­ [Docket No. 27-39] For the Atomic Energy Commission. ment, or diversion of any commodity or CALIFORNIA NUCLEAR, INC., AND J. A. M cB ride, technical data exported or to be exported NUCLEAR ENGINEERING CO., INC. Director, from the United States, by, to, or for the Division of Materials Licensing. respondent or-other person denied export Notice of Transfer of License B y pro du ct, S ource an d S pecial N u clear privileges within the scope of this order; Please take notice that the Atomic M aterial L ic e n se or (b) order, buy, receive, use, sell, de­ Energy Commission has issued Amend­ Nu clear E n g in e e r in g C o m p a n y , I n c . liver, store, dispose of, forward, trans­ ment No. 10 to License No. 13-10042-1, port, finance, or otherwise service or as set forth below, which authorizes the D O C K E T N O . 2 7 —3 8 participate in any exportation, reexpor­ transfer of the license from California [License No. 13-10042-1, Arndt. 10] tation, transshipment, or diversion of Nuclear, Inc., to Nuclear Engineering any commodity or technical data ex­ In accordance with application for license Co., Inc. amendment received March 5, 1968, License ported or to be exported from the United License No. 13-10042-1 authorizes the No. 13—10042—1 is amended as follows: States. possession, storage, processing, repack­ License No. 13-10042—1 is transferred from This order shall become effective on aging, and disposal of waste byproduct, California Nuclear, Inc., to Nuclear Engineer­ March 28,1968. source, and special nuclear material. ing Co:, Inc.: Provided, however, T h a t this Nuclear Engineering Co., Inc. will: transfer shall not be effective until notice, Dated: March 22,1968, in writing, signed by an officer of California (1) Purchase all the physical assets, Nuclear, Inc., and an officer of Nuclear E n­ R auer H. M eyer, property, and equipment now owned by gineering Co., Inc., or counsel therefor, has Director, Office of Export Control. California Nuclear, Inc. been filed by deposit in the mail addressed [F.R. Doc. 68-3761; Filed, Mar. 20, 1968; (2) Employ the present employees of to the Director, Division of Materials Licens­ 8 :4 5 a.m.] California Nuclear, Inc. ing, U.S. Atomic Energy Commission, Wash­ (3) Conduct its operations at the loca­ ington, D.C. 20545, stating that: tions specified in the license and in ac­ ( 1 ) All assets of California Nuclear, Inc., National Bureau of Standards cordance with its terms and conditions. have been transferred to Nuclear Engineer­ The license amendment provides that ing Co., Inc., and NATIONAL BUREAU OF STANDARDS (2) Nuclear Engineering Co., Inc., has as­ the transfer will be effective upon receipt RADIO STATIONS sumed control of and full responsibility for by the Commission of a notice, in writing, all activities conducted under the license. Notice of Standard Frequency and signed by an officer of California Nuclear, Upon such notification, all references in Time Broadcasts Inc., and an officer of Nuclear Engineer­ the license to “California Nuclear, Inc.” shall ing Co., Inc., or counsel therefor, that all read “Nuclear Engineering Co., Inc.” All other In accordance with NBS policy of giv­ assets of California Nuclear, Inc., have conditions and limitations in the license re­ ing notices regarding changes in phases been transferred to Nuclear Engineering main the same. of seconds pulses, notice is hereby given Co., Inc., and Nuclear Engineering Co., Date of issuance : March 25, 1968. that there will be an adjustment on Inc. has assumed control of and full re­ For the Atomic Energy Commission. May 1, 1968, in the phase of seconds sponsibility for all activities conducted pulses emitted from radio station under the license. J. A. McBride, WWVB, Fort Collins, Colo. At 0000 Director, The Commission has determined, pur­ Division of Materials Licensing. GMT the clock at the station will be suant to the provisions of §§ 30.34, 40.46, retarded 200 ms. The carrier frequency and 70.36, 10 CFR Parts 30, 40, and 70, [F.R. Doc. 68-3798; Filed, Mar. 29, 1968; of WWVB is 60 kHz and is broadcast respectively, that Nuclear Engineering 8 :4 5 a.m.] without offset. These emissions are made Co., Inc. is qualified to be the holder of following the stepped atomic time (SAT) the license and that transfer of the li­ system as coordinated by the Bureau cense is otherwise consistent with appli­ International de 1’Heure (BIH). cable provisions of law, regulations, and CIVIL AERONAUTICS BOARD Notice is also hereby given that there orders issued by the Commission pur­ [Order E-26578] will be no adjustment in the phases of suant thereto. time pulses emitted from radio stations AITS, INC., ET AL. Within fifteen (15) days from thè date WWV, Fort Collins, Colo, and WWVH, Order To Show Cause Regarding Maui, Hawaii. The time pulses on these of publication of this notice in the F ed­ stations will continue to occur at inter- eral R egister, any person whose inter­ Authorization for Inclusive Tour est may be affected by the issuance of this onIs whlch are longer than 1 second by Charters 300 parts in 1010 due to the offset main- license amendment may file a petition Adopted by the Civil Aeronautics tamed in the carrier frequencies of sta- for leave to intervene. Requests for a Board at its office in Washington, D.C., f°ll°w the universal time hearing and petitions for leave to in­ on the 26th day of March 1968. BIH * system> also coordinated by the tervene shall be filed in accordance with Applications of AITS, Inc., Overseas the provisions of the Commission’s rules National Airways, Inc., and Trans Inter­ Phase adjustments, when needed, en national Airlines Corp., IT 67-40, 67-41, sure that the emitted pulses from al of practice d 0 CFR Part 2). If a request 67-44, for statements of authorization stations will remain within about 10! for a hearing or a petition for leave to for inclusive tour charters. Bis of the UT2 scale, a nonuniform scali intervene is filed within the time pre­ By Orders E-26192, E-26268, and fi­ j^ociated with the rotation of the earth scribed in this notice, the Commission r s t s , statements of authorization were nbs obtains daily UT2 information fron will issue a notice of hearing or an ap­ issued to AITS, Inc. (AITS), to perform forecasts of extrapolated UT2 clod propriate order. Petitions to intervene or various inclusive tours pursuant to Part ttÎvo\ng;L provided weekly by the U.S 378 of the Board’s special regulations. » Observatory hi accordance witl requests for public hearings may be filed All of these tours show as points of origin cooperation maintained be­ with the Secretary, U.S. Atomic Energy one or more cities over a broad area of tween the two agencies. Commission, Washington, D.C. 20545. the United States east of the Rocky A. V. A stin, A copy of the application for trans­ Mountains, and have tour stops in the fer of the license is on file in Docket No. State of Hawaii, and, in some instances, arch on the West Coast of the United States. M 25,1968. 27-39 in the Commission’s Public Docu­ Fourteen letters have been received [F.R . Doe. 68-3901; F iled , M ar. 29, 1968; ment Room, 1717 H Street NW., Wash­ 8:51 a m .] since the latter part of January 1968, ington, D.C. in which AITS and the supplemental

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5232 NOTICES carrier or carriers involved request a shall, within 10 days after service of this Bogota, Colombia, Panama City, Panama, series of minor amendments which would order, file with the Board and serve upon Miami, Fla., and Washington, D.C., change points of origin in various of AITS, Overseas National Airways, Inc., and the terminal point Montreal, and Trans International Airlines, Inc., a Canada." these tours. It is alleged in each case Notice is hereby given, pursuant to the that the reason for each change is that statement of objections setting forth all organizations have expressed a desire to matters of law or fact relied on to sup­ provisions of the Federal Aviation Act of port such objections; and 1958, as amended, that hearing on the sponsor departures from a particular above-entitled application is assigned to city; that it has been the experience of 3. If timely and properly supported objections are filed, full consideration be held on April 11,1968, at 10 a.m., e.s.t., AITS that organizational sponsorship in Room 211, Universal Building, 1825 provides greater assurance of a favorable will be accorded the matters raised by the objections before further action is Connecticut Avenue NW., Washington, load factor; and that where a city is D.C., before Examiner E. Robert Seaver. being deleted there has been no exposure taken by the Board. of the inclusive tour at that point. This order will be published in the Dated at Washington, D.C., March 25, Upon consideration of these requests F ederal R egister. 1968. and all pertinent circumstances, the By the Civil Aeronautics Board. [ seal] T homas L. W renn, Board has concluded that the requested Chief Examiner. changes in points of origin should be [ seal] H arold R . S anderson, granted. However, the Board has decided Secretary. [F.R. Doc. 68-3854; Piled, Mar. 29, 1968; 8 :4 9 a.m .] that rather than issuing an order making [P.R. Doc. 68-3853; Plied, Mar. 29, 1968; the specific modifications requested, it 8 :4 9 a.m.] will issue an order directing all interested persons to show cause why it should not amend the authorizations so as to permit [Docket No. 19671] CIVIL SERVICE COMMISSION all of the tours listed therein to originate AEROLINEAS PERUANAS, S.A. NURSES, PIERCE COUNTY, WASH. at any point in the 48 contiguous States east of 106 degrees west longitude.1 This Notice of Hearing Notice of Adjustment of Minimum course of action appears preferable to the Application for amendment of its for­ Rates and Rate Ranges granting of numerous repeated adjust­ eign air carrier permit authorizing Under authority of 5 U.S.C. 5303 and ments in the departure points inasmuch foreign air transportation of persons, Executive Order 11073 the Civil Service as it will considerably reduce an adminis­ property, and mail: “Between a point or Commission has increased the minimum trative burden on the applicants and the points in Peru, the intermediate points rates and rate ranges for positions of Board. Prom a practical standpoint* Nurse, GS-610-4/11 as follows: there is no difference between granting Guayaquil, Ecuador, Barranquilla, and of departure points subject to repeated GS-610 Nurse Series later amendment and granting authority Geographic coVerage: Pierce County, State of Washington. on an area basis with respect to points of origin. The Board contemplates fol­ Effective date: First day of the first pay period beginning on or after March 24,1968. lowing the same technique in appro­ PEE ANNUM BATES priate future cases involving this and other tour operators. Grade 1 ‘ 2 3 4 - 5 6 7 8 9 10 It should be noted that in the instant case the tour prices do not vary with the GS-4...... - $6,489 $6,655 $6,821 $6,987 $7,153 $7,319 $7,485 $7,651 $7,817 $7,983 point of departure and are sufficiently GS-5 . . . . ___ 6,867 7,053 7,239 7,425 7,611 7,797 7,983 8,169 8,355 8,541 GS-6 ...... 7,367 7,572 7,777 7,982 8,187 8,392 8,597 8,802 9,007 9,212 greater than 110 percent of the minimum GS-7 ...... 7,859 8,084 8,309 8,534 8,759 8,984 9,209 9,434 9,659 9,884 scheduled airline fare so that changes in G S -8____-...... 8,368 8,614 8,860 9,106 9,352 9,598 9,844 10,090 10,336 10,582 GS-9 8,861 9,130 9,399 9,668 9,937 10,206 10,745 10,744 11,013 11,282 departure points within the broad area GS-10 9,409 9,703 9,997 10,291 10,585 10,879 11,173 11,467 11,761 12,055 described herein should not involve any GS-11...... -...... 9,979 10,301 10,623 10,945 11,267 11,589 11,911 12,233 12,556 12,877 breach of this minimum standard. How­ ever, AITS and the supplemental carriers i Corresponding statutory rates: GS-4—Tenth; GS-5—Eighth; GS-6—Seventh; GS-7—Sixth; GS-8 Fifth, involved will be responsible for assuring GS-9—Fourth; GS-10—Third; GS-11—Second. that this standard is complied with. In the case of any future application where All new employees in the specified oc­ authorization is sought based on an area cupational levels will be hired at the new FEDERAL COMMUNICATIONS concept with respect to points of origin, minimum rate. COMMISSION it will be expected that the applicants will As of the effective date, all agencies show that the tour prices will in no in­ [Docket Noe. 17884, 17885; PCC 68R-120] will process a pay adjustment to in­ stance be less than 110 percent of the BERWICK BROADCASTING CORP. crease the pay of employees on the rolls m in im u m scheduled airline fare from AND P.A.L. BROADCASTERS, INC. that city in the requested area which is in the affected occupational levels. An most distant from the proposed tour employee who immediately prior to the Memorandum Opinion and Order stops. effective date was receiving basic com­ Enlarging Issues Accordingly, it is ordered: pensation at one of the statutory rates In re applications of Berwick Broad­ 1. That interested persons are directed shall receive basic compensation at the casting Corp., Berwick, Pa., Docket No. to show cause why the Board should not corresponding numbered rate authorized 17884, File No. BPH-5812; P.A.L. B road­ issue an prder amending the aforemen­ casters, Inc., Pittston, Pa., Docket No. tioned orders so as to provide that any by this letter on and after such date. 17885, File No. BPH-5924; for construc­ of the tours authorized therein may de­ The pay adjustment will not be con­ tion permits. part from, and return to, any point or sidered an equivalent increase within the 1. Berwick Broadcasting Corp. (Ber­ points in the 48 continguous States east meaning of 5 U.S.C. 5335. wick) , and P.A.L. Broadcasters, Inc. of 106 degrees west longitude; (P.A.L.), are mutually exclusive appli* 2. That any interested person having U nited S tates C iv il S erv­ cants seeking a construction permit for objections to issuance of such an order ice C o m m issio n , an FM broadcast station in Berwick, Pa., [seal] J ames C. S p r y , and Pittston, Pa., respectively. By order, i This would include the whole eastern por­ Executive Assistant to FCC 67-1289, released December 19,1967, tion of the 48 contiguous States as far west the Commissioners. the Commission designated various is- as, nnrt including, Denver. All of the points sues for hearing which included, inter [PJEl. Doc. 68-3763; Piled, Mar. 29, 1968; in’the orders cited above and in the requested alia, a limited financial inquiry relating amendments fall within this area. 8 :4 5 a m .]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 NOTICES 5233

to the availability of a bank loan to Ber­ staff “eagerly awaits the opportunity to of $15,9355 and operating costs of $8,000 wick. Presently before the Review Board further serve the people of Berwick” ; (totaling $23,935), a deficit of $126 is is a motion to enlarge issues, filed by that only three additional part-time em­ revealed. Thus, P.A.L. contends that P.A.L. on January 15, 1968, which seeks ployees will be necessary to efficiently meaningful questions have been raised as (a) to expand the financial inquiry to in­ operate the FM station; and that its to the feasibility of Berwick’s financial clude an invsetigation as to Berwick’s $8,000 operating cost estimate adequately plan, and that the financial inquiry first-year cost estimates, including allo­ provides for staff compensation and op­ should be expanded. cations for site acquisition and (b) an erating expenses.® Moreover, Berwick 5. In paragraph 2 of the designation inquiry into the basic qualifications of alleges that its proposed FM site has order, supra, the Commission, based on Berwick to become a Commission already been purchased by the corpora­ the figures set forth in Berwick’s applica­ licensee.1 tion and that a $3,500 allowance has tion, found that this applicant would re­ Financial issue. 2. In support of its re­ been made for the construction of a quire funds in an amount of $16,008 in quest to expand the financial issue, P.A.L. transmitter building. Berwick states that order to construct and operate its pro­ contends that the $8,000 estimated by first year construction and operating posed station, as follows: down payment Berwick for first year operational costs costs are estimated as follows : on equipment ($2,985); first year equip­ is “grossly inadequate”. Berwick’s ap­ Equipm ent down paym ent______4 $ 1, 678. 25 ment payments, including interest plication indicates that there will be from First year principal and interest ($3,523); miscellaneous costs ($1,500); 4-6 hours a day of nonduplicated FM payments on equipment______2 , 485. 96 and working capital ($8,000). To meet broadcasting; 2 and that three additional Construction of transmitter these requirements, Berwick relies on persons will be employed, in addition to building ------3 , 5 0 0 . 00 First year operating costs______8 , 000. 00 cash on hand of $3,800, and a bank loan utilization of its present AM staff. P.A.L. of $20,000 (the availability of which is submits that the allocation of $8,000 will Total ------15, 614. 21 already in issue). P.A.L., in its petition, provide for an annual salary of only points out that Berwick has not provided $2,267 for each of these employees, and To meet these expenses, Berwick con­ for the costs of acquiring a site and makes no allowance for such costs as tends that it has in excess of $30,000, transmitter building, and challenges the power, repairs, and maintenance. There­ which should provide a “oomfortable $8,000 first-year operating estimate, con­ fore P.A.L. seeks to add the folio-wing cushion” for unexpected additional ex­ penditures. tending that it will not adequately cover issue: To determine, in light of its pro­ such items as the salaries for three FM posals to employ three additional per­ 4. In rqply, P.A.L. points out thatemployees. Petitioner has not substan­ sons and to program independently of Berwick’s breakdown of estimated costs tiated the latter allegations with sup­ its AM operation from 4 to 6 hours a day, reveals that only one part-time an­ porting documents or affidavits. In whether Berwick Broadcasting Corp. can nouncer is proposed for a schedule of ap­ opposition, Berwick submits a breakdown effectuate the operation proposed within proximately 35 hours per week of non­ of the $8,000 cost estimate attempting tiie limits of its estimate of first year op­ duplicated programming. P.A.L. also to show the adequacy of this allocation. erating costs. notes that some AM personnel will be In addition, Berwick alleges that it has Furthermore, P.A.L. notes that the utilized, but that no additional salary purchased a transmitter site and that it transmitter site specified in Berwick’s for these employees is included in the can construct the necessary building for application is not the same as its AM estimates. P.A.L. argues that while the approximately $3,500. The remaining transmitter location and that Berwick’s transmitter site may be owned by Ber­ allegations set forth in the opposition, application does not indicate whether an wick, the manner of purchase is not and the reply to the opposition, cannot FM site has been acquired or funds have specified, i.e., whether the land was pur­ be accepted. Berwick attempts to show been allocated for its purchase and devel­ chased outright (thus decreasing avail­ lower costs for equipment than that set opment. Thus, the following issue is also able funds), or whether mortgage pay­ forth in the application, but no amend­ requested: To determine under what ments will be a required expense not ment to the application has been filed. terms and conditions Berwick Broad­ reflected in its cost estimates. Finally, See Triad Stations, Inc., FCC 64R-540, casting Corp.’s proposed antenna site P.A.L. alleges that funds of $30,000 are 3 RR 2d 1064. It also attempts to rely will be available; whether any expendi­ not presently available to Berwick. on the availability of accounts receivable tures will be required to acquire the site P.A.L. submits that since no evidence has without showing the liquidity of these or to acquire, construct or remodel build­ been offered as to the liquidity of the accounts. See Americana Broadcasting ings thereon; and whether funds will be $9,774 in accounts receivable reflected Corp., FCC 67R-498,11 RR 2d 943. P.A.L., available to meet such expenses. in Berwick's balance sheet, these funds in reply, erroneously states that Berwick The Broadcast Bureau supports the re­ may not be considered available for con­ has conceded costs of construction in an amount of approximately $16,000, when quest for the addition of both limited struction purposes. Thus, - P.A.L. con­ financial issues, noting the amount of in fact this figure is alleged to cover costs cludes that when the $20,000 bank loan plicated Programing proposed; the of construction and operation. Thus, it additional staff requirements; and the and $3,809 in cash on hand (totaling appears that Berwick will require funds applicant’s failure to provide funds for its $23,809) are compared with even Ber­ in an amount of $19,508® ($16,008 re­ Proposed site. wick’s estimates for construction costs flected in the designation order plus 3. In opposition, Berwick argues that $3,500 to construct a transmitter build­ there is ‘no substance” to P.A.L.’s charge ing) , and that it has available (assuming 3 Berwick submits an analysis of its first it can establish the availability of the t insufficient first year operating es- year operating cost estimate as follows: S ^ tet , Supported *>y the affidavit of 1. One part-tim e salesm an- Berwick s president, Edward R. New­ engineer at______s P.A.L. argues that Berwick’s construction $3, 000 per year. costs must be determined exclusively from man, Berwick alleges that its present AM 2. One part-time announc­ er-engineer at______the proposal outlined in its application, and 2, 500 per year. since the availability and intended use of the 3. One part-time contract used transmitter (see note 4) is not reflected J Q^ e other Pleadings before the R engineer at______1 , 200 per year. in Berwick’s application, the oost reduction 4. Power, maintenance and bv^L ai't: (a) Comments, filed Jan. 29, may not be considered. fii .™Ie Broadcast Bureau; (b> oddoe re p a irs______1,300 £ * fa 1968’ by Berwick; (c) ?e£ly 8 As previously indicated, petitioner does not support its allegations concerning the Peb. 14, 1968, by P.A.L.; and (d) supple Total 8 , 000 inadequacy of Berwick’s estimated costs of ^ S t? ? ’ fllif Feb‘ 20> 1968> b y P-A.LP 4 Newman’s affidavit indicates that since the first year operation by affidavits of persons ®taWoutl0r W B R X 15 a standard broa filing of its application a suitable used with knowledge and in view of the break­ ^ Berwick Broadcs transmitter has become available to this eraiirJ^ the 14 minimum, hours of dail down contained in the opposition pleading, applicant. This analysis of first year cost we do not believe an issue inquiring into 10 h S rRPI3 r ed in the PM applicatic estimates reflects an alleged saving of $5,995 hours will consist of AM duplicatio these costs is warranted. See Lunde Corp through the use of said transmitter. FCC 66R-360, 8 RR 2d 606.

No. 63- FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5234 NOTICES bank loan), funds in an amount of Cohn and/or Bolan are defendants in 1967 judgment (see footnote 7(1)) is $23,800, without reliance on estimated several court cases in which “ serious presently on appeal and a bond has been ' revenues. Finally, the allegations raised charges have been made which have a posted. Thus, Cohn avers, there is “out­ in P.A.Ii.’s reply pleading that Berwick bearing on the legal qualifications of standing no judgment he has been might have to pay additional salaries to Berwick.” P.A.L. has attached copies of directed to pay.” Commenting on the its existing employees to assist in op­ the complaints filed in (1) a suit in­ pending litigation, Cohn submits that the erating the PM station, that it may have stituted by the Securities and Exchange SEC suit contains no allegations which depleted its funds by purchasing the Commission which alleges, inter alia, are based on any act done or word spoken necesary land, and that it may have in­ violation of the Securities Exchange Act by Mr. Bolan, and that requests by the curred mortgage payments, are all too of 1934;* (2) a shareholder derivative SEC for a temporary injunction and the speculative to warrant enlargement of suit arising from the same alleged mis­ appointment of a receiver were denied issues. If in fact Berwick has incurred conduct; and (3) a shareholder deriva­ by the court. Referring to the two share­ new obligations, they should be reported tive suit alleging impropriety in the holder suits, Cohn suggests that as “cor­ pursuant to section 1.65 of the rules. management of the Baltimore Paint & porate counsel and directors, Messrs. Moreover, Berwick has shown a “ cush­ Chemical Corp. Cohn and/or Bolan are Cohn and Bolan are not immune from ion” of $4,292 ($23,800 minus $19,508), named as defendants in all of the actions. being named in strike suits” ; however and no showing has been made that this P.A.L. argues that “ tallthough judgment affiant notes that in shareholder suits in amount cannot cover unforeseen con­ has not been entered in any of the three past years,, there has never been a finding against either Cohn or 3olan.10 The af­ tingencies. actions referred to above, the allegations Qualification issues. 6. P.A.L. requests are of such a serious nature as to war­ fidavit concludes with a brief biography of both Bolan and Cohn, indicating posi­ the addition of an issue to determine (a) rant an inquiry into the legal qualifica­ the facts relating to unsatisfied judg­ tions of the principals of Berwick.” The tions held and awards received. ments against Roy M. Cohn (25 percent Broadcast Bureau supports the request 8. The Board finds that a substantial stockholder in Berwick) which fail to for an inquiry into the facts and circum­ question has been raised as to Berwick’s appear in Berwick’s application, (b) the stances relating to the outstanding judg­ alleged failure to report outstanding facts regarding the conduct of Mr. Cohn ments against Roy Cohn which do not judgments in its application and its and Thomas A. Bolan (also a 25 percent appear in Berwick’s application; how­ failure to maintain the continuing ac­ stockholder), as alleged in various com­ ever, the Bureau opposes an inquiry at curacy of its application, in accordance plaints presently the subject of pending this time into the basic qualifications with the requirements of § 1.65 of the lawsuits, and (c) In light thereof, of either Messrs. Bolan or Cohn based Commission’s rules. In his affidavit, whether Berwick possesses the requisite on the pending civil actions. The Bureau,) Cohn fails to indicate whether the “ad­ “legal” qualifications to be a Commission relying on the Commission’s letter to Im­ justments” of the October 1966 and July licensee. In support of this request, P.A.L. part Systems, noted above, suggests that 1964 judgments took place before or first points out that in response to the if these civil suits are not resolved before after filing of the Berwick broadcast ap­ application question of whether there the conclusion of the hearing in this plication. If these judgments had, in are any outstanding unsatisfied judg­ proceeding, action could be withheld as fact, been settled subsequent to Berwick’s ments against any party to the applica­ to Berwick. filing, the circumstances surrounding the tion, Berwick responded in the negative." 7. In opposition, Berwick avers that applicant’s failure to apprise the Com­ Supported by an affidavit, from a legal Cohn and Bolan “ * * * have in no way mission of these obligations should ap­ clerk, P.A.L. alleges that a review of the prejudiced the corporation by their other propriately be considered at hearing. Judgment Docket in the office of the business activities so as to adversely re­ Furthermore, Cohn avers that the case County Clerk of New York County, New flect" upon its FM application. Berwick resulting in the March 1963 judgment York State, “ * * * indicated that there charges that P.A.L. has attempted to “was withdrawn years ago”, but offers no explanation of why no “satisfaction” were $741,833.13 in outstanding judg­ “create the illusion” that Cohn has $741,- 833.13 in outstanding judgments, when is recorded in the court clerk’s minutes. ments against Roy M. Cohn unpaid or such is not the case. In an attached In addition, the fact that, by court order, only partially paid.” 7 P.A.L. notes that affidavit, Cohn offers the following ex­ payment of the April 1964 judgment has some of these entries antedate the filing planation for his “outstanding judg­ been withheld, does not alter the fact of Berwick’s applications,8 but in any ments” : (a) The October, 1966 and July, that there allegedly exists an outstand­ event, P.A1. contends, Berwick has failed 1964 judgments (see footnote 7(2) (3) ing judgment against this principal. In to properly amend its application form supra) involved third party obligations the same manner, the judgment ordered and “were both adjusted between the in November 1967 against Cohn may as specified in section 1.65 of the Com­ parties some time ago” , (b) the July, constitute an “unsatisfied judgment” as mission’s rules. P.A.L. also alleges that 1964 judgment (see footnote 7(3)) in­ specified in question 10(g) of section 2 volved a corporate obligation, and the of the Berwick application regardless of i The affidavit of Peter Tannenwald recites New York Court of Appeals “divided 4-3 the pending appeal. The application form the alleged outstanding judgments against on whether Mr. Cohn had any liability calls for a listing of outstanding judg­ Cohn as follows: at all in the matter”, (e) the April, 1964 ments, not merely judgments which the 1. New York Civil Court Case judgment (see footnote 7 (4)), payment applicant “has been directed to pay”; No. 26518-67 filed Nov. 3, of which has been withheld by court or­ therefore the Board is of the view that 1967 ______$1.450. 71 der, resulted from the “negligence of a this matter should be explored at the 2. Supreme Court for New York lawyer in not making timely claim con­ hearing. County Case No. 20182—62 cerning return of State excise taxes, and p. W ith regard to the outstanding filed Oct. 21, 1966------59, 377. 29 obtaining the discharge of a bond on lawsuits against Cohn and Bolan, the and costs______339.1 0 3. Supreme Court for New York which Mr. Cohn was guarantor”, (d) the Board has reviewed the various proce­ County Case No. 11052/63 March, 1963 judgment (see footnote 7 dures utilized by the Commission m filed July 2, 1964------631, 932.85 (5)) resulted from a stockholder dispute similar circumstances to determine which and ______823.39 in a closed corporation, and “was with­ would be most appropriate here* (partial payment of $85,000 drawn years ago”, and (e) the November, Gamma Television Corporation, FCC and $390.37 are recorded) 6 8 R -7 1 ,------FCC 2 d ------•, released 4. Supreme Court for New York February 28, 1968. In a recent case, County Case No. 41636/63 8 P.A.L. notes that in light of this proceed­ filed Apr. 20, 1964______3 5 ,3 9 9 .7 6 ing, the Commission, on Nov. 29, 1967, in­ 5. Supreme Court for New York formed Impart Systems, Inc., by letter, that 10 Cohn also argues that Civil Action No. County Case No. 2352/63 further action on its application (BMPCT— 67-3745 instituted by Herbert Braasch (see filed Mar. 4, 1963______12, 510. 03 6611) would be withheld pending the resolu­ par. 6 ) , is merely a repetition of the Krasner * Berwick responded to portions of the sub­ tion of this case. P.A.L. alleges that such ac­ v. Bolan suit (New York Supreme Court) in tion was taken because one of Imparts ject application by reference to a previously which a court appointed referee reported no filed assignment application (File No. Systems’ principals was a defendant in this wrongdoing had been discovered. B A L -5 8 0 4 ). court proceeding.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 NOTICES 5235

Florida-Georgia Television Company, 11. It is further ordered, That the Inc. (UPM), for new common carrier Inc., FCC 68-100,12 RR 2d 297, the Com­ Issues in this proceeding are enlarged by microwave radio stations in the Domestic mission specified issues based on allega­ the addition of the following issues; Public Point-to-Point Microwave Radio tions, which were also the subject of a To determine whether Berwick Broad­ Service; joint petition to deny applica­ pending civil suit, that a broadcast facil­ casting Corp. submitted complete and tions filed on July 3, 1967, by Wisconsin ity was being used in furtherance of anti­ accurate information in response to the Telephone Co. (Wisconsin Co.) and competitive conduct. The Commission Commission’s application form, FCC American Telephone and Telegraph Co. emphasized, however, the fact that the 301, and has.continued to keep the Com­ (AT&T); together with opposition and allegations upon which the issues were mission advised of “substantial and sig­ responsive pleadings addressed thereto.1 based related to activities in the broad­ nificant changes” as required by § 1.65 2. UPM proposes to construct and cast field, and that the Commission was of the Commission’s rules. operate four-new stations which will pro­ not the proper forum to try the antitrust To determine, in light of the evidence vide one channel of microwave transmis­ suit. Compare Mesa Microwave, Inc., adduced under the foregoing issue, sion to carry the NBC-network program­ FCC 68-47, 12 RR 2d 20 and the Com­ whether Berwick Broadcasting Corp. ing from Station WFRV-TV (Channel 5, mission’s action regarding the assign­ possesses the requisite qualifications to NBC), Green Bay, Wis., to Station ment application of KLAS-TV, Las be a Commission licensee.* WAEO-TV (Channel 12, NBC), Rhine­ Vegas, Nev. (BAPLCT-91), discussed in 12. It is further ordered, That the lander, Wis. (an independent and un­ Public Notice 13196, February 23, 1968. burden of proceeding with the introduc­ affiliated customer), with repeater points The Board has long held that it will not tion of evidence under the issues added near Anston, Bonduel, and Langlade, specify issues based merely on the exist­ herein will be on P.A.L. Broadcasters, Wis. ence of a civil suit; that requests to en­ Inc., and the burden of proof will be on 3. Wisconsin Co. and AT&T seek denial large - issues must comply with the Berwick Broadcasting Corp.; of the applications urging essentially requirements of § 1.229 of the rules; and 13. It is further ordered, That in the that: (a) The proposed services would therefore that specific allegations (sup­ event of a grant of the application of duplicate the existing service to Station ported by affidavits of persons with per­ Berwick Broadcasting Corp., such grant WAEO-TV, being supplied by the tele­ sonal knowledge) concerning the conduct is without prejudice to whatever action, phone company since October 20, 1966, underlying the suit are required to sup­ if any, the Commission may deem ap­ pursuant to an urgent request therefor, port the addition of hearing issues. See propriate as a result of the civil ac­ and would render idle these present Spanish International Television Co. tions entitled Securities and Exchange facilities to the jeopardy of their invest­ Inc., FCC 64R-239, 2 RR 2d 853; and 'Commission v. Fifth Avenue Coach ment and to the detriment of the public RKO General, Inc. (KHJ-TV), FCC Lines, Inc., Victor Muscat, Edward interest; (b) UPM is not qualified to do 67R-239, 10 RR 2d 282. Here, petitiofier Krock, Thomas A. Bolan, index No. business in the State of Wisconsin; and relies wholly on the existence of the 67-4182, filed October 27, 1967, in the (c) an interconnection by UPM at Sta­ civil suits, and has made no specific U.S. District Court, Southern District tion WFRV-TV’s studio would be in factual allegations concerning the under­ of New York; Herbert Braasch v. Victor violation of AT&T’s tariff and Section 203 lying conduct. Moreover, the lawsuits Muscat et al., index No. 67-3745,'filed of the Communications Act, as amended. appear to be totally unrelated to broad­ September 27, 1967, in the U.S. District 4. UPM in its opposition with respect cast matters, and petitioner neither of­ Court, Southern District of New York; to (a) supra, acknowledges that the pro­ fers, nor appears to be in a position, to Edward Lawson et al. v. Baltimore Paint posed facilities would provide substan­ prove the allegations contained in the and Chemical Corporation et al., index tially the same service to Station WAEO- various complaints. Under these cir­ No. 18497, filed July 20, 1967, in the UJS. TV, but argues that it would be provided cumstances, the Board believes that the District Court, District of Maryland. over a different route and at a reduced imposition of a condition would be the Adopted: March 26,1968. rate to the customer, and that the lower most appropriate course of action. Fi­ costs would promote the economic viabil­ nally the Board is of the opinion that the Released: March 28,1968. ity of the only available local television procedure utilized in the Impart case, F ederal C ommunications broadcast station in this area of Wiscon­ i.e., holding action on the application in C o m m i s s i o n ,“ sin to the benefit' of the public. Station abeyance pending the outcome of the [ s e a l ] B e n F . W a p l e , WAEO-TV, in Its statement in support civil suits,11 is not warranted here where Secretary. of a grant of the applications, points out two mutually exclusive applications have that the Rhinelander television market been designated for hearing, and a reso­ [PH. Doc. 68-3860; Filed, Mar. 29, 1968; 8 :4 9 a m .] is comparatively small, the opportunities lution of the proceeding might have to for increase in revenues very limited, and await the outcome of several complex VHF competition great; that the lawsuits inquiring into conduct un­ [Docket No. 18100; FCC 68-305] monthly payments for the Wisconsin Co. related to broadcast activity. Compare UPPER PENINSULA MICROWAVE, and AT&T service represent an extreme Syracuse Television, Inc., FCC 67-1246, economic hardship to the station which 10 FCC 2d 642. INC. only commenced programing in Octo­ 10. Accordingly, it is ordered, That Memorandum Opinion and Order ber 1966; that UPM’s lower charges* the motion to enlarge issues, filed Jan­ Designating Applications for Hear­ would lessen this burden; and that the uary 15, 1968, by P.A.L. Broadcasters, failure to secure network programing at ■*hc., is granted to the extent indicated ing on Stated Issues a lower cost than that presently in effect, below and is denied In all other respects; In re applications of Upper Peninsula and Microwave, Inc., Docket No. 18100, File 1 Pertinent additional pleadings before the Nos. 4999 through 5002-C1-P-67; for Commission are; UPM’s opposition to peti­ ,, A somewhat similar procedure was construction permits to establish new tion and Northland Television, Inc.’s state­ ion!/26*1 in Grayson Television, Inc., PCC 6 7 - stations in the domestic public point-to- ment in support of applications, filed July 20, 4, released Oct. 4, 1967, where a principal point microwave radio service to provide 1967; Wisconsin Co. and AT&T’s joint reply °* the applicants was under indict- a television relay service between Green filed Aug. 1, 1967; latter’s joint opposition to nt for criminal acts in connection with Bay and Rhinelander, Wis., with repeater UPM’s amendment of Oct. 6 , 1967, filed 0Perati°n of a television station. The points near Anston, Bonduel, and Lang­ Oct. 18, 1967; and UPM’s reply thereto filed 111 the designation order, Nov. 8 , 1967. Northland Television, Inc. d£.4o4 , Examlner to withhold his initial lade, Wis. (Northland), is the licensee of Station nr„. on* the event that this applicant was 1. The Commission has before it forWAEO-TV, Rhinelander, Wis. 52SE21» ^ stifled of the result of the consideration the above-captioned ap­ 8 In its applications, UPM states that its unfoT,^ If the court’s resolution was plications, as amended, filed on May 17, charge to Northland will be $2,600 pier month. Exn.TYiirfat>le t ° the applicant’s principal, the 1967, by Upper Peninsula Microwave, In their reply pleadings, the telephone com­ a n d w l i Was 6mP°wered to add such issues panies allege that their charge for the present ^ V h e S lrEUrther pr0Ceedlnga “ were service is $3,276, not $3,676 (as stated by 13 Board Member Slone concurring. Northland).

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 5236 NOTICES

“may result in the economic demise of (a) To determine how and in what [Docket No. No. 17560; FCC 68R-119] the station and the loss of television manner the operation of Station WAEO- V.W.B. INC. service to the public.” With respect to the TV, Rhinelander, Wis., would be altered additional allegations (raised by Wiscon­ to the detriment of the public interest, Memorandum Opinion and Order sin Co. and AT&T, lettered (b) and (c), in the event the above-captioned Upper Enlarging Issues Peninsula Microwave, Inc., applications supra, for convenience), UPM (b) denies In re application of V.W.B., Inc., the need to secure authorization from are not granted. (b) To determine to what'extent peti­ Bridgeton, N.C., Docket No. 17560, File the State of Wisconsin to do business in No. BP-16766; for construction permit. that State as a foreign corporation prior tioners’ existing facilities would be idled to the issuance of an appropriate radio by a grant of the captioned applications 1. The Review Board has under con­ authorization, that such authority will and what the resulting loss would be to sideration a motion for clarification and be timely requested, and that “such ap­ petitioners and their subscribers and enlargement of issues, filed on Febru­ plications are for all practical purposes how such losses would affect the public ary 5, 1968, by New Bern Broadcasting a formality” ; and (c) since it does not interest; Co., Inc. (WHIT), licensee of standard contemplate interconnection of its fa­ (c) To determine whether, on the broadcast Station WHIT, New Bern, cilities with the facilities of any other basis of the information elicited from the N.C.1 common carrier, but will make the signal above issues, there is a need for the pro­ 2. A brief chronology of the events available via direct-connection with the posed service. leading up to the filing of the subject facilities of Station WFRV-TV for subse­ (d) To determine if the proposed motion might be helpful in understand­ quent transmission and delivery to facilities would result in a common car­ ing the problems raised herein. This pro­ Rhinelander, it will not violate the tariff rier interconnection with the facilities ceeding involves the application V.W.B., or the Act as urged by the telephone of Wisconsin Telephone Co. and Ameri­ Inc. (VWB), for authority to construct company. can Telephone and Telegraph Co. a new standard broadcast station (1380 5. UPM’s proposal to supply Station (e) If it is found that an intercon­ kc, 5 kw, Day, Class HI) at Bridgeton, WAEO-TV with a service which would nection w o u ld exist, to determine N.C. Petitions to deny the application whether it is necessary and desirable to were filed by WHIT and by Jefferay displace a recently instituted identical Broadcasting Corp. (WRNB), licensee of service now being supplied by the tele­ establish physical connections between existing and proposed facilities, to estab­ standard broadcast Station WRNB, New phone company certainly affords no Bern, N.C. In their petitions, WHIT and basis or a finding that a need exists for lish through routes and charges appli­ cable thereto and the divisions of such WRNB sought the designation of the the proposed operation. However, Station application under issues pursuant to the WAEO-TV’s urging that the continued charges and to provide facilities and reg­ ulations for operating such through Commission suburban community Policy high cost for the telephone company Statement.2 In the designation order, services could lead to a degradation of routes, within the meaning of section 201(a) of the Communications Act of FCC 67-758, released July 7, 1967, the the station’s service and even a possible Commission noted, inter alia, that VWB’s “ demise” of the station, does on balance 1934, as amended, and, if so, what con­ nections, routes, charges, facilities, and proposal for Bridgeton (population 638 call for additional public interest con­ .persons) would place a 25 mv/m signal siderations. We have examined the data regulations should be established. (f) To determine, in light of the evi­ over all of the city of New Bern (popu­ and material submitted by the parties lation 15,717 persons); that the proposed and are unable on the basis of the in­ dence adduced pursuant to the fore­ going issues, whether a grant of the power is greatly in excess of that needed formation before us to make a final de­ to proyide adequate coverage of Bridge- termination regarding the effect of these above-described applications would serve the public interest, convenience, and ton; and that VWB’s proposal would not supposed additional charges on the oper­ have been accepted for filing, due to ation of the station and its ultimate necessity overlap prohibited by § 73.37 of the rules, effect on the viewing public. We will It is further ordered, That Upper if it had specified the larger community. therefore designate these applications Peninsula Microwave, Inc., Northland Therefore, the Commission (applying the for hearing on appropriate issues. Sim­ Television, Inc.; Wisconsin Telephone Co.; American Telephone and Telegraph Policy Statement) specified an issue to ilarly, absent more detailed information, determine whether VWB’s proposal will we are unable to reach a determination Co.; and the Chief, Common Carrier realistically provide a local transmission as to whether UPM does in fact propose Bureau, are made parties to this pro­ service for its specified station location interconnection which would, as urged ceeding and, to participate must comply or for some other larger community by the telephone companies and denied with the applicable provisions of § 1.221 (Issue 3); and an issue to determine, if by UPM, violate the telephone company of the Commission’s rules. It is further ordered, That the “Joint it is concluded that the proposal will not tariff or the provisions of section 203(a) realistically provide a transmission serv­ of the Communications Act of 1934, as Petition to Deny Applications” filed by Wisconsin Telephone Co. and American ice for the specified station location, amended. We will, therefore, likewise in­ whether the proposal meets all of the clude an appropriate issue addressed to Telephone and Telegraph Co. is granted to the extent indicated above and by the technical requirements for standard this question. We will not however, re­ broadcast stations assigned to New Bern quire UPM to exhibit an authorization to designation of issues and otherwise (Issue 4). On August 7, 1967, VWB filed do business in Wisconsin. Since this type denied. a “petition for reconsideration without of authorization is normally pro forma, The burden of proof with respect to hearing”, seeking, among other things, we see no purpose in making it a pre­ Issues (a), (c), (e), and (f) is upon- approval of an amendment to reduce requisite to the filing of an application Upper Peninsula Microwave, Inc., and power, and requesting that it be treated and feel that the matter of compliance Northland Television, Inc., and the bur­ as an applicant for New Bern. By Memo­ with foreign corporation regulation is den of proof with respect to Issues (b) randum Opinion and Order, FCC best left to the State. and (d) is upon the telephone com­ panies. A time for the hearing will be 6. We find that except for the issues 1The following related pleadings are also herein designated, Upper Peninsula specified in another Order. before the Board: (a) Opposition, filed on Microwave, Inc., is legally, technically, Adopted: March 20, 1968. Fep. 15, 1968, by V.W.B., Inc.; (b) supporting financially, and otherwise qualified to com m ents, filed on Feb. 19, 1968, by Jefferay Released: March 27, 1968. Broadcasting Corp.; (c) Broadcast Bureaus render the services it proposes. comments, filed on Feb. 20, 1968; and (d) F ederal C ommunications Accordingly, it is ordered, That the reply, filed on Mar. 4, 1968, by New Bern above-captioned applications of Upper C o m m i s s i o n , Broadcasting Co. Peninsula Microwave, Inc., are, pursuant [ s e a l ] B e n F . W a p l e , a Policy Statement on section 307 (b) Con­ to section 309(e) of the Communications Secretary. sideration for Standard Broadcast Facilities Act of 1934, as amended, designated for [F.R. Doc. 68-3851; Filed, Mar. 29, 1968; Involving Suburban Communities, FCC 6o- hearing on the following issues; 8:49 a.m.] 1153, 6 R.R. 2d 1901.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 NOTICES 5237

67-1217, 10 FCC 2d 534, the Commission instance, and since the motion combines believe that VWB must establish, prior dismissed VWB’s petition because of requests for clarification mid enlarge­ to being allowed to prosecute its appli­ various procedural deficiencies. On Jan­ ment, it should be dismissed pursuant to cation as a New Bern proposal, compli­ uary 8 and 9, 1968, VWB exchanged ex­ § 1.44 of the rules.® VWB also contends ance with § 73.37 of the rules. However, hibits with the other parties to the that the motion is untimely, arguing that VWB alleges, on the basis of measure­ proceeding. The exhibits contain no in­ WHIT has long been aware of the man­ ments contained in its hearing exhibits, formation attempting to show that VWB ner in which VWB proposes to meet the that its proposal does comply with this is realistically proposing an outlet for specified issues. This was made apparent rule. It appears to the Board that the Bridgeton. Rather, the exhibits purport to all concerned, the applicant submits, pleadings and exhibits raise questions of to show that the VWB proposal does not in its petition for reconsideration filed fact which can best be resolved through involve prohibited overlap in violation of on August 7, 1967, which WHIT opposed the hearing process, and an issue will § 73.37 of the rules, and therefore that with the same arguments it is raising therefore be added. We wish to empha­ the application meets all of the technical here. Moreover, VWB alleges, WHIT has size, however, that if VWB is unable to requirements for New Bern. not justified the delay in filing after the establish compliance with Rule 73.37, 3. In the instant motion, WHIT con­January 8 exchange of exhibits. Regard­ its application will be summarily dis­ tends that the VWB exhibits make it ing the merits of WHIT’s motion, VWB missed. apparent the applicant is “dropping the points out that no precedent is cited by 6. The Board does not believe that the facade of proposing a Bridgeton facility the petitioner in support of its requests, and * * * making the main thrust of existing issues encompass a requirement and contends that it has a right to pro­ that VWB formally elect between Bridge- its evidentiary efforts to show that it was ceed only under Issue 4; that the Policy ton and New Bern at this stage of the qualified to be a New Bern proposal.” Statement, supra, says nothing about However, WHIT argues, if VWB is per­ proceeding, and that such an election returning the application to the process­ necessitates removing the application mitted to prosecute its application in the ing Une, republishing or conducting new alternative as either one for Bridgeton or from hearing status, and returning it to program surveys; and that petitioner has the processing line. The Policy State­ one for New Bern, several of the Com­ no evidence that it filed for Bridgeton mission's rules concerning the processing ment, supra, clearly indicates .that if merely as “ruse to avoid the prohibition an applicant fails to rebut the presump­ of applications will be violated, including of § 73.37 of the rules.” The appUcant Rule 1.571 (relating to the cut-off pro­ tion (Issue 3), he will be treated as an explains that it decided on the evi­ applicant for the larger community and cedures) ; Rule 1.580 (relating to local dentiary approach described above be­ notice of filing); Rule 1.518 (relating to required to meet all of the technical re­ cause of its view that to meet the burden quirements of the rules for stations as­ the filing of inconsistent or conflicting under Issue 3 would be extremely difficult applications); Rule 1.571 (relating, in signed to that larger community. (Issue and costly, and because it beUeves it cam 4.) It further states that “an applicant part, to major amendments and the as­ meet the burden under Issue 4. In reply who meets those technical requirements signment of new file numbers); and Rule to the procedural objections raised in the will be permitted to prosecute his pro­ 1.522(b) (relating to the requisite good opposition, WHIT claims that it did posal as if he were an applicant for the cause for filing post designation amend­ direct its request for clarification to the larger community * * * [and] will be ments). In addition, WHIT argues, if Examiner in the first instance, and cites granted only upon the condition that he VWB is now permitted to show that it is portions of the transcript purporting to amend his application to specify the a New Bern application, there will be a show that the request was denied by the larger community as his station loca­ violation of a long line of Commission Examiner. Therefore, petitioner submits, tion.” (Emphasis supplied.) As pointed cases concerning the acceptance for its motion can be treated as an appeal filing of applications which appear to be out in the opposition, there is nothing in from the Examiner’s ruling, and is prop­ the Policy Statement evidencing an in­ in violation of § 73.37 of the rules. In erly before the Review Board. WHIT tent to require republication or return view of the foregoing, WHIT requests further contends that it was not placed to the processing line. Moreover, this ap­ that the Review Board require VWB to on notice of the applicant’s plans by the proach would be inconsistent with the elect, at this time, whether it is in fact petition for reconsideration because that pronouncements that an applicant who filing an application for Bridgeton or for petition, including the proposed amend­ fails to overcome the presumption will be New Bern. If VWB chooses the latter, ment to reduce power, was denied. accorded only the 307(b) preference to WHIT submits that the application which the larger community would be should be removed from hearing status 5. Insofar as the subject motion re­ quests clarification of the existing issues, entitled, and that it may be granted jjhd given a new file number, and that subject to a condition that it amend to the applicant should be required to re­ the Review Board does not agree with VWB’s contention that it is procedurally specify the larger community. To the publish local notice specifying New Bern extent that permitting an applicant to as its principal community. In any event, defective. The relief requested is pre­ mised on the fact the VWB’s exhibits do prosecute its application as a proposal petitioner avers, if the applicant is per­ for a- community other than that speci­ mitted to prosecute its application in the not contain information attempting to meet Issue 3. Petitioner sought clarifica­ fied in its application involves waiver of alternative, a contingent issue should be procedural rules, the Board is of the added to determine what efforts VWB tion, urging the relief it now seeks, from the Examiner at the first prehearing con­ opinion that such waivers are implicitly ascertain the programing needs ference held after the exhibits were . ex­ contemplated by the Policy Statement 01 Bern, and how it proposes to changed, and the Examiner, in sub­ procedure.® It is worth mentioning, meet those needs (Suburban issue). This however, that this procedure also departs latter request is supported by a reference stance, denied the request. The Instant motion was filed shortly thereafter. from the norm in that it may require 5lf tement made by the President of an applicant who, in good faith, specified WB in an affidavit filed in response to WHIT first points out that the Com­ mission, in the designation order, indi­ a community meeting the requirements an to deny, wherein it is cated that VWB’s application would of § 73.30(a) of the rules, to amend to leged that the applicant is not trying specify a larger community and meet the ro be a New Bern station, but rather will violate § 73.37 of the rules if New Bern had been specified as the principal city technical provisions for the larger com­ i° meet the needs and interests location; and contends that VWB should munity. The Board is of the view that, S i_13cigeton and surrounding areas. The woadcast Bureau supports the petition not now be permitted to elect New Bern by submitting no evidence under Issue because applications which violate 3 and attempting to meet Issue 4, VWB vw £ar+ as, tt contemplates requiring § 73.37 of the rules are not entitled to pVr. “° ele°t between New Bern and acceptance for filing. The Board agrees tion and a return of the applica- with petitioner to the extent that we ‘ We note, however, that the provisions of T P ressing line, § 1.571 (j) requiring that a new file number °PP°ses the motion on pro- be g i v e n to applications which are the ^ t a n t iv e grounds, 8 Rule 1.44 provides in part, that requests subject of major amendments, have not been requiring action by a hearing examiner will that aPPbcant contends applied to applications in hearing status. not be combined with requests for action by See, e.g„ Albuquerque Broadcasting Co„ addreSd t? garificatian should be aressed to the Examiner in the first persons acting pursuant to delegated FCC 58—111,16 RR 755; and Radio Americana, authority. Inc., FCC 61-1100, 21 RR 70a.

FEDERAL REGISTER, V O L 33, NO. 63— SATURDAY, MARCH 30, 1968 5238 NOTICES has, in essence, elected to prosecute its of issues, filed on February 5, 1968, by of time desired for presentation of their application as a New Bern proposal, and New Bern Broadcasting Co., is granted respective arguments. that this course of action is permissible to the extent indicated above, and denied By direction of the Commission. (without a formal amendment at this in all other respects; and time) undel- the Policy Statement." 8. It is further ordered, That the G ordon M . G rant, Finally, petitioner has presented, and the issues in this proceeding are enlarged by Secretary. Board can perceive, no cogent reason the addition of the following issues: [F.R. Doc. 68-3801; Filed, Mar. 29, 1968; why the procedure should differ (with To determine whether the applicant’s 8 :4 5 a.m.] differing consequences) for an appli­ proposal, if treated as a proposal for cant who fails to overcome the pre­ New Bern, N.C., complies with § 73.37 of sumption and an applicant who does not the Commission’s rules. attempt to overcome the presumption. In To determine, in the event that Issue 4 GENERAL SERVICES either event, it must establish compli­ herein is resolved in favor of the appli­ ance with the technical requirements for cant, the efforts made by the applicant ADMINISTRATION the larger community, and will be to ascertain the programing needs and interests of the community and area to [Federal Property Management Regulations granted only on condition that it amend Temporary Reg. F-16] to specify the larger community. be served, and the means by which it 7. Insofar as the subject motion re­proposes to meet those needs and DELEGATIONS OF AUTHORITY quests the addition of a contingent interests. Suburban issue, the Review Board con­ 9. It is further ordered, That the bur­ Revocation curs with VWB’s contention that the den of proceeding with the introduction 1. Purpose. This regulation revokes request is late filed and good cause has of evidence and burden of proof under delegations of authority to represent the not been shown. Petitioner raised a the issues added herein will be on .the Federal Government in proceedings Suburban question in its opposition to applicant. which have been terminated. VWB’s.petition for reconsideration. Al­ Adopted: March 26,1968. 2. Effective date. This regulation is though the petition was denied, it was effective immediately. clear at that time, regardless of how Released: March 28,1968. 3. Expiration date. This regulation VWB decided to proceed under Issue 3, F ederal C ommunications expires March 31, 1968. that it was going to attempt to meet the C o m m is sio n ,8 4. Revocation. This revocation notifies burden under Issue 4, and therefore a [ seal] B en F . W aple, agencies of those delegations which are contingent request for a Suburban issue Secretary. no longer in force due to completion of could have been made at that time. the proceedings for which they were Moreover, WHIT has not set forth ade­ [F.R. Doc. 68-3852; Filed, Mar. 29, 1968; 8:4 9 a.m .] issued. Accordingly, the following FPMR quate reasons why it waited almost a temporary regulations are hereby re­ month after the exhibits were exchanged voked: before requesting enlargement. The Board has therefore examined the plead­ Subject ings under the test set forth in The FEDERAL POWER COMMISSION No. Date Edgefield Saluda Radio Co. case.® How­ [Docket No. G-12446 etc.] F-l Nov. 19,1964 Delegation of Authority to Secre­ ever, based on this examination, we are tary of Defense—Regulatory constrained to add the requested issue. TEXAS EASTERN TRANSMISSION Proceeding. Petitioner, in support of its request, CORP. ET AL. F-3 Feb. 2,1965 Do. F-4 ___ do____ _ Do. relies on an affidavit filed in response Notice Fixing Oral Argument F-5 Feb. 8,1965 Do. . - F-7 Apr. 26,1966 Delegation of Authority to Ad­ to petitions to deny wherein VWB’s ministrator, N ational Aeronau­ president states that its program con­ M arch 25,1968. tics and Space Administra­ tacts show that it is not attempting to Texas Eastern Transmission Corp., tion—Regulatory Proceeding. be a New Bern station, and that it is Docket No. G-12446; Continental Oil Co., programing to meet the needs of Bridge- Docket No. CI66-890; Sun Oil Co., Dated: March 25, 1968. ton and surrounding rural areas. The Docket No. CI66-891; M. H. Marr, Docket J . E . M o o d y , affidavit lists various persons contacted, No. CI66-892; General Crude Oil Co., Acting Administrator none of whom reside in New Bern. Docket No. CI66-919. of General Services. Moreover, neither the affidavit nor The Commission has before it. the VWB’s application contains summaries Presiding Examiner’s decision issued [F.R. Doc. 68-3828; Filed, Mar. 29, 1968; 8 :4 7 a.m.] of the specific steps taken to become January 23, 1968, the Briefs on Excep­ informed of local needs, of specific sug­ gestions received and an evaluation of tions, and the Briefs Opposing Excep­ those suggestions, and of specific pro­ tions. A request for oral argument was grams proposed to meet those needs for filed by Continental Oil Co., Sun Oil Co., SECURITIES AND EXCHANGE either New Bern or Bridgeton. Such M. H. Marr, and General Crude Oil Co. COMMISSION information is now required by the in these proceedings. Commission.7 See Minshall Broadcasting [811-1117] Co., Inc., FCC 68-184,_____ FCC 2d Take notice that an oral argument in ______A contingent Suburban issue will the above-captioned proceedings will be LA SALLE STREET CAPITAL CORP. therefore be added. heard by the Commission en banc com­ Notice of Proposal To Terminate 7. Accordingly, it is ordered, That the mencing at 10 a.m., e.s.t., April 19, 1968, Registration motion for clarification and enlargement in a hearing room of the Federal Power Commission, 441 G Street NW., Wash­ M arch 26,1968. . s in choosing this course of action, VWB ington, D.C. Notice is hereby given that the Com­ risks denial if it cannot establish that it mission proposes, pursuant to section meets the technical requirements for New All parties desiring to participate in 8(f) of the Investment Company Act Bern. In this connection, we note that the such oral argument shall notify the Policy Statement issues do not encompass of 1940 (“Act”) , to declare by order upon waiver of those technical requirements. See Secretary of the Commission in writing its own motion that La Salle Street Capi­ Charles W . Jobbins, 3 FCC 2d 564, 8 RR 2d 189 on or before April 3, 1968, of the amount tal Corp. (“La Salle” ) , 10 South La Salle (1 9 66 ). Street, Chicago, 111. 60603, an Ilhnms a 5 FCC 2d 148, 8 R R 2d 611 (1966). corporation, registered under the Act as 7 VWB’s application was filed before sec­ 8 Board Members Nelson’s and Kessler’s a closed-end investment company ana a tion IV of the application form was revised dissenting statements filed as part of the federal licensee under the Small Business to require this information. original document.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 NOTICES 5239

Investment Act of 1958, has ceased to [File No. 1-5212] O ffice be an investment company. ROTO AMERICAN CORP. Small Business Administration Regional Information on file with the Commis­ Office, 55 Pleasant Street, Concord, N.H. sion discloses that effective with the close Order Suspending Trading 03301. of business on September 30, 1967, La , M arch 26, 1968. Salle was merged into its wholly owned 2. A temporary office will be estab­ subsidiary having the same name as La The common stock, $1 par, value, of lished at Lancaster, N.H., address to be Salle which had been organized under Roto American Corp., being listed and announced locally. the laws of Delaware. On the effective registered on the National Stock Ex­ 3. Applications for disaster loans date of the merger the corporate exist­ change pursuant to the provisions of the under the authority of this Declaration ence of La Salle of Illinois ceased and La Securities Exchange Act of 1934 and the will not be accepted subsequent to Salle of Delaware succeeded to all its 7 percent cumulative preferred, $10 par September 30, 1968. rights, powers, and privileges. La Salle of value, being traded otherwise than’ on a Dated: March 26, 1968. Delaware registered under the Act on national securities exchange; and October 5,1967. It appearing to the Securities and Ex­ R obert C. M oot, Administrator. Section 8

FEDERAL REGISTER, VOL, 33, NO. 63— SATURDAY, MARCH 30,. 1968 5240 NOTICES must be served qn the applicant, or its may be examined here at the Interstate over U.S. 309 to the junction with Inter­ authorized representative, if any, and Commerce Commission in Washington, state 80, thence over Interstate 80 to the protests must certify that such serv­ D C., or copies thereof which may be Stroudsburg, Pa., from Stroudsburg over ice has been made. The protests must be examined at the field office named below. Interstate 80 to the junction with U.S. specific as to the service which such Send protests to: Lyle D. Heifer, District 209; thence over U.S. 209 to the junction protestant can and will offer, and must Supervisor, Interstate Commerce Com­ with Pennsylvania State Route 115, consist of a signed original and six mission, Bureau of Operations, 135 West thence over State Highway 115 to the copies. Wells Street, Room 807, Milwaukee, Wis. junction with Pennsylvania State High­ 53203. way 512, thence over State Highway A copy of the application is on file, and 512 to the junction with Interstate can be examined at the Office of the Sec­ No. MC 66562 (Sub-No. 2299 TA), filed March 20, 1968. Applicant: RAILWAY 78, thence over Interstate 78 to the retary, Interstate Commerce Commis­ junction with the Pennsylvania Turn­ sion, Washington, D.C., and also in the EXPRESS AGENCY, INCORPORATED, 219 East 42d Street, New York, N.Y. pike, Northwest Extension, at Inter­ field office to which protests are to be change 33, thence over the Pennsyl­ transmitted. 10017. Applicant’s representative: Elmer F. Slovacek, Suite 1008, 105 West Madi­ vania Turnpike to Interchange 24, to the M otor Carriers op P roperty son Street, Chicago, HI. 60602. Authority junction with Interstate 76, thence over Interstate 76 to Philadelphia. Return No . MC 51146 (Sub-No. 83 TA), filed sought to operate as a common carrier, March 15, 1968. Applicant: SCHNEIDER by motor vehicle, over regular routes, over the same route, serving the inter­ TRANSPORT & STORAGE, INC., 817 transporting: General commodities mov­ mediate point of Stroudsburg, Pa., be­ McDonald Street, Green Bay, Wis. 54303. ing in express service, between Hallock, tween Trenton, N.J., and Philadelphia, Applicant’s representative: Donald F. «Minn., and Donaldson, Minn.; from Pa. Martin (same address as above). Au­ Hallock, Minn., north on U.S. Highway (1) from Philadelphia, north on Inter­ thority sought to operate as a common 75 to Noyes, Minn.; west on Minnesota state 76 to the junction with U.S. High­ carrier, by motor vehicle, over irregular Highway 171 to Pembina, N. Dak.; south way 1; thence over U.S. Highway 1 to routes, transporting: General commodi­ from Pembina, N. Dak., on U.S. Highways Trenton, N.J. Return over the same ties except those of unusual value, and 81-29-44 to Drayton, N. Dak.; thence east route; (2) from Philadelphia over Inter­ except dangerous explosives, household on North Dakota Highway 66 and Min­ state 676 to and over the Walt Whitman goods as defined in Practices of Motor nesota Highway 11 to Donaldson, Minn., Bridge; thence to the junction with In­ Comvnon Carriers of Household Goods, serving the intermediate and/or off- terstate 295, thence over Interstate 17 M.C.C. 467, commodities in bulk, and route points of Noyes, Minn., Pembina, 295 to the junction with the New Jersey commodities requiring special equipment, N. Dak., and Drayton, N. Dak., for 150 Turnpike at Interchange 4; thence over serving the junction of U.S. Highway days. Restriction: (1) The service to be the N.J. Turnpike to Interchange 7; to 41 and Illinois Highway 43 (formerly performed by the applicant shall be the junction with U.S. 206; thence over Illinois Highway 42A) as an intermediate limited to that Which is auxiliary to or U.S. 206 to Trenton, N.J., and return over point for the purpose of joinder only in supplemental of express service of the the same route, between Philadelphia, connection with tl^e following routes Railway Express Agency, Inc. (2) Ship­ Pa., and Asbury Park, N.J., from Phila­ contained in certificate of public con­ ments transported by applicant shall be delphia over Interstate 676 to and over venience and necessity No. MC-76985 limited to those on through bills of lading the Walt Whitman Bridge to the junc­ sought to be leased by applicant from or express receipts. (3) Such further tion with Interstate 295; thence over Lavery Transportation, Inc., in a section specific conditions as the Commission, in Interstate 295 to the junction with the 210a (b) application filed February 23, the future, may find necessary to impose New Jersey Turnpike, Interchange 4, 1968, as MC-F-10050: (1) Between in order to restrict applicant’s operations thence over the N.J. Turnpike to Inter­ Chicago, 111., and Milwaukee, Wis.; from to a service which is auxiliary to or sup­ change 8, to the junction of N.J. State Chicago over Illinois Highway 42A to plemental of express service o f the Rail­ Highway 33, thence over State Highway junction U.S. Highway 41 near Lake way Express Agency, Inc., for 150 days. 33 to Asbury Park, N.J. Return over the Bluff, HI., and thence over U.S. Highway Supporting shippers: Olson’s Depart­ same route, between Altoona, Pa., and 41 to Milwaukee, and return over the ment Store, Drayton, N. Dak.; The Gift Pittsburgh, Pa., from Altoona over US. same route. Service is not authorized to Shop, Pembina, N. Dak.; Stunes Furni­ 220 to the juhction with U.S. Highway or from intermediate points. (2) Between ture, Drayton, N. Dak.; and K.C.N.D. 22, thence over U.S. 22 to Pittsburgh, Pa., junction Illinois Highway 176 and U.S. T.V., Pembina, N. Dak. Send protests to: and return over the same route, serving Highway 41 and Green Bay, Wis.: Anthony Chiusano, District Supervisor, no intermediate points, for 180 days. From Junction Hlinois Highway 176 Interstate Commerce Commission, Bu­ Supporting shippers: There are approxi­ and U.S. Highway 41 over U.S. High­ reau of Operations, 346 Broadway, New mately 33 statements of support attached way 41 to Green Bay, and return York, N.Y. 10013. to the application, which may be ex­ over the same route. Service is au­ No. MC 66562 (Sub-No. 2300 TA), filed amined here at the Interstate Commerce thorized to and from the intermedi­ March 20, 1968. Applicant: RAILWAY Commission in Washington, D.C., or ate points of Fond du Lac, Oshkosh, and EXPRESS AGENCY, INCORPORATED, copies thereof which may be examined Appleton, Wis., and the off-route points 219 East 42d Street, New York, N.Y. at the field office named below. Note: of West Bend, > Waupun, Neenah, and 10017. Applicant’s representative: Wil­ Applicant intends to tack the authority liam H. Marx, Railway Express Agency, sought herein with its existing authority Menasha, Wis. Restriction: The route under MC 66562 and subs thereunder. described in (1) above will be restricted Inc., 219 East 42d Street, New York, against any service at Milwaukee, Wis. N.Y. 10017. Authority sought to operate Send protests to: Anthony Chiusano, District Supervisor, Interstate Commerce N o t e : The purpose of the instant tem­ as a common carrier, by motor vehicle, porary authority application is4o permit over regular routes, transporting: Gen­ Commission, Bureau of Operations, 346 service at the junction of U.S. Highway eral commodities moving in express serv­ Broadway, New York, N.Y. 10013. 41 and Hlinois Highway 43 (formerly ice, between Doylestown, Pa., and Phila­ No. MC 109435 (Sub-No. 51 TA), Illinois Highway. 42A) for the purpose of delphia, Pa., from Doylestown over U.S. filed March 20, 1968. Applicant: ELLS­ joinder only in connection with the 611 to the junction with U.S. Route 1, WORTH BROS. TRUCK LINE, INC., routes of Lavery Transportation, Inc., thence over U.S. Route 1 to the junction Drawer J, 116 North Allied Road, Stroud, sought to be leased by applicant pur­ with Interstate 76, thence over Interstate Okla. 74079. Applicant’s representative: suant to an application filed under sec­ 76 to Philadelphia. Return over the same Levoy C. Ellsworth (same address as tion 210a(b) of the Act. Under the route, serving no intermediate points, be­ above). Authority sought to operate as a circumstance, the authority here re­ tween Norristown, Pa., and Philadelphia, common carrier, by motor vehicle, over quested must be permitted to be tacked Pa., from Norristown over U.S. Route 202 irregular routes, transporting: Dry or combined with the authority being to the junction with Interstate 76, thence cement, from Muskogee, Okla., to points leased by Schneider from Lavery, for over Interstate 76 to Philadelphia. Re­ in Arkansas, Kansas, and Missouri, for 180 days. Supporting shippers: There are turn over the same route, serving no in­ 180 days. Supporting shipper: Ideal approximately 24 statements of sup­ termediate points, between Hazleton, Pa., Cement Co., Traffic Department, Paul port attached to the application, which and Philadelphia, Pa., from Hazleton S. Barnett, Vice President, Denver, Colo.

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 NOTICES 5241

80202. Send protests to: C. L. Phillips, ate as a contract carrier, by motor ve­ [Notice 115] District Supervisor, Interstate Commerce hicle, over Irregular routes, transporting: Commission, Bureau of Operations, Airbrakes and parts and equipment MOTOR CARRIER TRANSFER Room 350, American General Building, therefor, and tailgates and tailgate PROCEEDINGS 210 Northwest Sixth, Oklahoma City, hoists, from Owosso, Mich., and Bowling M a r c h 27,1968. Okla. 73102. Green, Ohio, to Seattle, Wash., under No. MC 113267 (Sub-No. 190 TA), filed contract with Transport Equipment Co., Synopses of orders entered pursuant March 20, 1968. Applicant: CENTRAL & 3400 Sixth Avenue South, Seattle, Wash. to section 212(b) of the Interstate Com­ SOUTHERN TRUCK LINES, INC., 312 98134. Send protests to: E. J. Casey, Dis­ merce Act, and rules and regulations West Morris Street, Caseyville, 111. 62232. trict Supervisor, Interstate Commerce prescribed thereunder (49 CFR Part Authority sought to operate as a common Commission, Bureau of Operations, 6130 1132), appear below: carrier, by motor vehicle, over irregular Arcade Building, Seattle, Wash. 98101. As provided in the Commission’s routes, transporting: Candy and confec­ special rules of practice any interested No. MC 129754 (Sub-No. 1 TA), filed person may file a petition seeking re­ tionery products, from the plantsite and March 20, 1968. Applicant: SAL’s EX­ storage facilities of Reed Candy Co., at consideration of the following numbered PRESS, INC., 533 Central Avenue, proceedings within 20 days from the date or near Campbellsville, Ky., to points in Bridgeport, Conn. 06607. Applicant’s Florida, Georgia, South Carolina, North of publication of this notice. Pursuant representative: John E. Fay, 79 Lafayette to section 17(8) of the Interstate Com­ Carolina, Tennessee, Alabama, Missis­ Street, Hartford, Conn. 06106. Authority sippi, Louisiana, Texas, Missouri, Illinois, merce Act, the filing of such a petition sought to operate as a common carrier, will postpone the effective date of the Minnesota, Indiana, Ohio, Michigan, and by motor vehicle, over irregular routes, Pennsylvania, for 180 days. Supporting order in that proceeding pending its transporting: Household appliances, disposition. The matters relied upon by shipper: P. Lorillard Co., 200 East 42d radios, television sets, phonographs, and Street, New York, N.Y. Send protests to: petitioners must be specified in their tape recorders and parts thereof and petitions with particularity. Harold C. Jolliff, District Supervisor, stands therefor, between Bridgeport, Bureau of Operations, Interstate Com­ No. MC-FC-69987. By order of March Conn., on the one hand, and, on the 25, 1968, the Transfer Board approved merce Commission, Room 476, 325 West other, points in Fairfield, Hartford, Adams Street, Springfield, HI. 62704. the transfer to Aggregate Transporta­ Litchfield, New Haven, and Middlesex tion, Inc., Lebanon, N.H., of certificate No. MC 119493 (Sub-No. 40 TA), filed Counties; Conn., for 150 days. Supporting No. MC-109300, issued April 6, 1956, to March 20, 1968. Applicant: MONKEM shipper: Bruno-New York, Inc., 460 Robert J. Peck and Patsy A. Romano, a COMPANY, INC., Post Office Box 1196, West 34th Street, New York, N.Y. Send partnership, doing business as Peck and West 20th Street Road, Joplin, Mo. 64801. protests to: District Supervisor David J. Romano, West Lebanon, N.H., author­ Authority sought to operate as a com­ Kiernan, Bureau of Operations, Inter­ izing the transportation of, sand, gravel, mon carrier, by motor vehicle, over state Commerce Commission, 324, U.S. and stone, and nonliquid road building irregular routes, transporting: Diam­ Post Office Building, 135 Highway Street, materials in bulk, in dump vehicles, from monium phosphate, from plantsites and Hartford, Conn. warehouses of New Jersey Zinc Co. Lebanon, N.H., to points as specified in M o t o r C arrier o f P a sse n g e r s •Windsor, Orange, Caledonia, and Wind­ located at or near Depue, Riverdale, and ham Counties, Vt. Ridler W. Page, 24 Colfax, HI., to points in Hlinois, Indiana, No. MC 124233 (Sub-No. 5 TA), filed Hanover St., Lebanon, N.H. 03766, at­ Ohio, Michigan, Wisconsin, Minnesota, March 20, 1968. Applicant: VAN­ torney for applicants. North Dakota, South Dakota, Nebraska, COUVER ISLAND TRANSPORTATION Kansas, Missouri, and Iowa, for 180 days. COMPANY LIMITED, doing business as No. MC-FC-70247. By order of March Supporting shipper: New Jersey Zinc Co., VANCOUVER ISLAND COACH LINES 25, 1968, the Transfer Board approved 160 Front Street, New York, N.Y. 10038. LIMITED, 710 Douglas Street, Victoria, the transfer to Cottrell Bus Service, Inc., Send protests to: H. J. Simmons, District British Columbia, Canada. Applicant’s doing business as Cottrell Bus Serv­ Supervisor, Interstate Commerce Com­ representative: V. A. Downard (same ice, Buffalo, N.Y., of the operating mission, Bureau of Operations, 1100 Fed­ address as above). Authority sought to rights in certificate No. MC-48864 is­ eral Office Building, 911 Walnut Street, operate as a common carrier, by motor sued October 17, 1961, to Cottrell Safety Kansas City, Mo. 64106. vehicle, over irregular routes, transport­ Services, Inc., Buffalo, N.Y., author­ No. MC 119702 (Sub-No. 31 TA) (Cor­ ing: Passengers and their baggage in izing the transportation, over irregular rection), filed February 23, 1968, pub­ routes, of passengers and their bag­ same vehicle with passengers, in charter gage, restricted to traffic originating at lished F ederal R e g is t e r , issue of March service and special operations, from 2, 1968; and republished as corrected the point or in the territory indicated in urns issue. Applicant: STAHLY CART- points on Vancouver Island to points in round-trip charter operations, from Buf­ AGE CO., 130A Hillsboro Avenue, Post Washington, Oregon, California, Nevada, falo, N.Y., and points in a described por­ tion of New York, to points in New York, a ? ox 486> Edwardsville, HI. 62025. Utah, Arizona, and Colorado, over regu­ Authority sought to operate as a com­ lar points of entry-exit on the United Pennsylvania, a described portion of New mon carrier, by motor vehicle, over ir- Jersey and a described portion of Ohio. States-Canadian border in the State of S. Harrison Kahn, Suite 733, Investment reguiar routes, transporting: Anhydrous Washington, for 180 days. Supporting owmoma, in bulk, from Tilton, HI., to Building, Washington, D.C. 29005, at­ jwmts in Indiana, Iowa, Kentucky, Mich- shippers: Totem Travel Service, Ltd., torned for applicants. ¡S n» Minnesota, Missouri, Ohio, and Mayfair Shopping Centre, Post Office No. MC-FC-70293. By order of March Wisconsin, for 180 days. N o t e : The pur- Box 651, Victoria, British Columbia; 25, 1968, the Transfer Board approved of„this republication is to add the George E. Willis, Agent for Greyhound, the transfer to Brown From Wabash, wate of Missouri as a destination State. 1320 Broad Street, Victoria, British Inc., Wabash, Ind., of the operating OnS>0ri1£g shipper: United States Steel rights in certificates Nos. MC-22484, Columbia; Mr. B. Bowles, Victoria Minor MC-22484 (Sub-No. 3) (corrected), Pa iUon Manor Building, Pittsburgh, Hockey Association, Victoria, British Tniiii5 ™ ®?nd pr°tests to: Harold C. and MC-22484 (Sub-No. 5) issued , District Supervisor, Bureau of Columbia. Send protests to: E. J. Casey, December 27, 1941, April 25, 1961, and m K f 0n^’ ^terstate Commerce Com- District Supervisor, Bureau of Opera­ December 12, 1961, respectively, to 476. 325 West Adams tions, Interstate Commerce Commission, Ollie P. Brown, doing business as Street, Springfield, Hl.„ 62704. 6130 Arcade Building, Seattle, Wash. Brown Trucking Co., Wabash, Inc., au­ thorizing the transportation of house­ Maroh^on ¡n il35 (Sub' No- 8 TA), filed 98101. c J . f ’ 1968' Applicant: R. C. KER- hold goods between points in Wabash By the Commission. County, Ind., on the one hand, and, on Soufh^o’ +tr1R"’ 4424 fourth Avenue the other, points in Michigan, Ohio, H- S L t T 6’ Wash- 98134- Applicant's [ s e a l ] H . N e il G a r s o n , S K tatlve: Jos- O. Earp, 411 Lyon linois, and Indiana; new furniture from Secretary. Wabash, Ind., to Chicago, 111., and Cin­ w 607 Third Avenue, Seattle, [F.R. Doc. 68-3856; Filed, Mar. 29, 1968; • 98104. Authority sought to oper­ cinnati and Columbus, Ohio; and wood 8:50 am .] pulp, pulpwood, pulpboard, boxboard,

No. 83— —7 FEDERAL REGISTER, V O L 33, NO. 63— SATURDAY, MARCH 30, 1968 5242 NOTICES chipboard, strawboard, and related ma­ Conn., authorizing the transportation, cultural commodities, groceries, metal chinery and supplies, wooden skids and over named regular routes, of general beds, malt beverages, scrap metals, ma­ wooden cores, scrap paper, waste paper, commodities, with usual exceptions, be­ chinery, wool waste, textile waste mate­ boxes, cartons, bags, display cases, glass, tween New York, N.Y., and New Haven, rials, steel, and steel products, and bur­ starch, alum, dye, chemicals, sizing, cop­ Conn., between Saybrook, Conn., and lap bags, from, to, and between points per sulphate, fungicides, ferri-floc, feed, Norwichtown, Conn., between Norwich, as specified in New York, Massachusetts, fertilizer, green hides, tallow, insulating Conn., and Pawcatuck, Conn., between Pennsylvania, New Jersey, Connecticut, material, mineral wool, and rock wool Westbrook, Conn., and Deep River, and Rhode Island. John F. Curley, 33 from and to, or between, various points in Conn., between New Haven, Conn., and Broad Street, Boston, Mass. 02109, at­ Illinois, Indiana, Iowa, Kentucky, Michi­ Cheshire, Conn., between Bridgeport, torney for applicants. gan, Missouri, Ohio, Pennsylvania, West Conn., and Plainville, Conn., and between No. MC-FC-70328. By order of March Virginia, and Wisconsin. Ferdinand Bom, New Haven, Conn., and Seymour, Conn., 25, 1968, the Transfer Board approved 601 Chamber of Commerce Building, In­ serving specified intermediate and off- the transfer to Harvey A. Hingst, doing dianapolis, Ind. 46204, attorney for route points; groceries and packinghouse business as Hingst Motor Service, Emer­ applicants. products, from New York, N.Y., to Hart­ son, Nebr., of the operating rights in ford, Conn., over a regular route; and, certificate No. MC-36583, issued Feb­ No. MC-FC-70315. By order of March ruary 18, 1941, to Edward Hingst, doing 25, 1968, the Transfer Board approved over irregular routes, general commodi­ the transfer to Kresser Motor Service, ties, with usual exceptions, between New business as Ed Hingst Motor Service, Haven, Conn., and specified points in Emerson, Nebr., authorizing the trans­ Inc., Sandwich, HI., of certificate of reg­ portation, over regular routes, of live­ istration No. MC-120776 (Sub-No. 1), is­ Connecticut, and scrap metals, between points in Connecticut and (a) New York, stock, seed, feed, tankers, lumber, hay, sued December 9, 1963, to Patricia R. hardware, furniture, agricultural imple­ Kresser, doing business as Kresser Motor N.Y., and (b) those in New Jersey within 15 miles of Jersey City, N.J. Gerald W. ments and parts therefor, and petroleum Service, Sandwich, HI., evidencing a products,, in containers, between Emer­ right to engage in interstate or foreign Brownstein, 900 Chapel Street, New Haven, Conn. 06510, attorney for trans­ son, Nebr., and Sioux City, Iowa, and commerce, transporting general com­ grain and household goods, over irreg­ modities, between points in Hlinois. O. feror, and Reubin Kaminsky, 410 Asylum Street, Harford, Conn. 06103, attorney ular routes, between Emerson, Nebr., and S. DeBartolo, 15 North Edgelawn Drive, points within 10 miles of Emerson, on Aurora, HI. 60506, attorney for appli­ for transferee. No. MC-FC-70319. By order of March the one hand, and, on the other, points cants. 25, 1968, the Transfer Board approved in Iowa. R. W. Wigton, Post Office Box No. MC-FC-70318. By order of March the transfer to Butkewich Trucking 561, Sioux City, Iowa 51108, applicants’ 25, 1968, the Transfer Board approved Corp., Worcester, Mass., of the operat­ representative. the transfer to Sorensen Transportation ing rights in certificate No. MC-45472 Co., Inc., Bethany, Conn., of the operat­ issued October 31, 1967, to Steven J. [ seal] H. N eil G arson, ing rights in certificate No. MC-69917 is­ Butkawicz, doing business as Butke­ Secretary. sued May 11,1960, to H & B Freightways, wich Transportation, Worcester, Mass., [F.R. Doc. 68-3857; Filed, Mar. 29, 1968; Inc., John H. Krick, Trustee, New Haven, authorizing the transportation of agri­ 8 :5 0 a jn .]

FEDERAL REGISTER, VOL. 33, NO. 63— SATURDAY, MARCH 30, 1968 FEDERAL REGISTER 5243 CUMULATIVE LIST OF PARTS AFFECTED— MARCH The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during March. Page 7 CFR— Continued Page 7 CFR— Continued Page Proclamations : 1034. _____ 5199 P ro po sed R u l e s — Continued 3831 ______— 3619 1035. _____ 5199 1067 ------4808, 4985, 5096 3832 ______4091 1041. _____ 4913 1068 ------4985 3833 ______4167 1046. ____ ?\5199 1069 ------4985 3834 ______4363 1049. _____ 5199 1070—------4985 3835 ______4397 1062. _____ 5199 1071,— ------______4985 3836 ______4785 1064. _____ 5086 1073------4474, 4585, 4985, 5098 3837 ______5079 1073------5039, 5200 1075------4985 1094...------5086 Executive O rders: 1076__------4985 Aug. 22, 1919 (revoked in part 1103______5087 1078 - 4985 by FLO 4381)______1106______5200 1079 ----- 4985 4924 1125 ------4914 June 8, 1926 (revoked in part A 1090------4945, 4985 by PLO 4381) ______1126 ______5200 1094------4985, 4994 4924 1421------5201 5903 (revoked by PLO 4371)_ 3636 1096------4985 6697 (revoked by PLO 4371) — 1425—^------4913 1097—------4985 3636 1434------■*_____ 4794, 5203 6868 (modified by EO 11401) __ 4459 1098------4985 7784-A (see EO 11401)______1464------3633 1099—------4985 4459 1468------5208 8033 (see EO 11401)______4459 1101------____ 4985 8647 (revoked in part by PLO 1472______5208 1102—------4808, 4985, 5096 1474______4452 4374)______4333 1103 ------;______4985, 4994 8652 (revoked in part by PLO P ro p o se d R u l e s : 1104 ---- 4985 4376)___ 1______4333 52------4335 1106------4586, 4985, 5168 9344 (see EO 11401)______4459 68------4375 1108------4985 9916 (see EO 11401)___ 4459 201------4807 1120—------4985 10128 (see EO 11401)______4459 301------4926, 4927 1121------4985 10830 (amended by EO 11398) _ 4169 907 ------3639, 4417, 4629 1125 -s.------_------4191, 4985 11074 (revoked by EO 11398) __ 4169 908 ------3641 1126 ------4586, 4985,5168 11248 (amended by EO 11400) _ 4507 929------4188 1127 ------4985 11398.:_____ 4169 932------4107 1128 ------4985 11399 __ 4245 950------4188 1129 ------4985 11400 _ 4507 953------4517, 4890 1130 ------4985 11401 ___ 4459 966------4188 1131 ------4985 989------3641 1132 ------4586, 4985, 5168 5 CFR 991------4417 1133 ------4985 1001— ------4419, 4985 1134 - 4985 2 1 3 ...... 4399, 4451, 4615, 4981, 5081 1002 ------4419, 4985 1136 -1------4985 1137 ------4985 IS:------— - « « 1003 ------4419, 4985 ____ 4615 1138 ------4985 338_____ 1004 ------4419,4985 ____ 5081 1005 ------4581, 4985, 5040 1201------4629 550___ 4399, 5137 1700_____ 1006 ------4995 — _ 4615 1008 ------4985 8 CFR 211______7 CFR 1009 ------4985 4561 1011 ------4985 212______5037 5 .. . 235______5038 1012 ------4995 4562 17., 238______5137 1013 ____ 4995 4562 52_. 343a______4104 1015.:------4419, 4985 4562 53__ 5081 1016------4419,4985 208. 9 CFR 4616,4871 1030 -- 4985 401. 74______4399 1031 ------4985 4981 601_. 78______4309 1032 _ 4985 5209 722.. 97______4451 1033 -4581, 4928, 4985, 5040, 5220 4248 723.. 316 ______4787 1034.------4581, 4985, 5040 5210 724.. 317 ______4787 ,5038 1035 ------4581, 4985, 5040 5210 729_ 1036 ------. . . 4985318 ------__------5087, 5210 775__ “ 5084 1038-,------4985 P r o po sed R u l e s : 877__ "" 4788 4788 1039 ------4985 51------4260 905 ______1040 ------4261, 4517, 4985 906 ______m i m4514, '4561 4729 2 0 1 ------4682 4247 1041 ------4680, 4985 908 To“-~~424"7,4514, 4~7~92, 5085 5197 1043 ------4268, 498510 CFR 909 ------4247> 4514, 4793, 4913,5197 5085 1044 ------4985 1 ------5 2 1 2 1045 ------4985 910;m 4617 2 0 ------5213 4105, 1046 ------4581, 4985, 5040 115------, -----5213 4365, 4399, 46T7~,~4655,~4913, 5197 1047 -- 4985 130------4871 911__ 1048 -----_V_.____ ... _____ 4985 913. 5038 P r o po sed R u l e s : ------4Y o~5( 1049 ------4581, 4985, 5040 929. 4365 150------4109, 4377, 4631 944. _ 5139 1050 ----... ______4985 948. ------—— ------4561, 5039 1051 -----!______4985 12 CFR 950. 4452 1060------_------4985 1— ------4918 980_ 4515 1062.,------4808, 4985, 5096 207------4248, 4249, 4452 4106, 4365 991_ 1063 ------. . . 4985211______.______4729 1004_ 5198 213------4729 1005. 4793 1064 ------4985, 5098 1065 ------4745, 4985220------4249, 4453 1033. 5199 221------4249, 4455 5199 1066 ------4745, 4985224------5087 5244 FEDERAL REGISTER

Page Page 13 CFR Page 18 CFR 26 CFR 101______4400 159. 4665, 4922 1______5089 121____ 4562, 5088 260. ____ 4460 P r o po sed R u l e s : P r o po sed R u l e s : 4414, 4742, 4950 14 CFR 2______5172 3 7 4729 607______3639 29 CFR 39______3621, 102------__ 4139 4249, 4366, 4794, 4795, 4919, 5035, 19 CFR 689 ______4922 5140, 5141. 1 ______3633, 3634, 5088, 5089 1600______4329 61 ______4402, 4404 7ii:::::______4093- 8 ______4406, 5156 P r o po sed R u l e s : 4095, 4171, 4249, 4366-4368, 4404, 10 ______1 ______4373,4461 5______5102 4405, 4509-4511, 4562, 4795, 4796, 16 _____ 4461 7______5102 4872, 4873, 4981, 5035, 5036, 5088, 18 4406 61______5103 5142,, 5143, 5213-5215. 32__ IIIII ______4323 1500______5100 73 ______4095, 4096, 4172 54______4738 75______4368, 5215 P r o po sed R u l e s : 30 CFR 91 4096 4______4679 18______4660 93 " I I I _____ - ______4096, 5036 24 5168 3 4 ______4660 95III______4729 25 ______4260 97______3622, 4311, 4563, 4874, 5144 P r o po sed R u l e s : 121______4096, 4144 20 CFR 2 ______5219 214______5154 11______4468 614______3635 221___ 4456 223______3631 P r o p o se d R u l e s : 31 CFR 241______4796 405______4517 4677 295______- ______— -- 5155 621______— — 4629 128______4576 389______3632 205______4734 399 ______4459 21 CFR 316______4256 400 ______— 4981 343______4798 2 , ______4462 4257 P r o po sed R u l e s : 3_IIIII______4731, 4881 401______25______3641 402 4257 14______4656 _ 4257 39 3642, 4831 17 403______5156 43___ ._ 4420 405 _ 4257 19 II H I I I I l ______5157 4257 65______4523 27 ______4574 406______71 ______3642, 31 4098 4201, 4202, 4270, 4271, 4375-4377, 5 l l ______32 CFR5157 4421, 4525-4527, 4630, 4831-4833, 120______J:___4138, 4172, 4326, 4407, 4658 5216 4890, 5172, 5220-5225. 121______4098, 1 5fi ______4462 73 ______4833,4890,5226 4138, 4173, 4327, 4408, 4575, 4576, 293______4618 75 5225, 5227 4618, 4659, 4732,4982. ana ______4512 91______3643, 4108, 4420, 4523 130______.______4732 Rflfla. ______4462 103______5227 141______4099 813 ______4734 105______- ______4523 141a------4099 mm ______4173 121______4144 141d______4101 1002 ______4176 207 ______4340 145______4099 100a ______4176 208 ______— ___ - ___ 3645, 4340 146d______1004 4101 ______4177 212___ - 4340 148i______4732 1005 ______4178 214______4340 148j______4733 lOOfi ______4178 221______4340 148q------1 007 5157 ______4179 288______3645, 5044 _ 166______3635, 4734 1000 ______4179 295______4340 281______4462 1015 ______4185 298______5046 101« ______4185 P ro po sed R u l e s : 399______3645 1054 ______4185 1______4420 4185 3______4144 1050 ______16 CFR 1 ROfi ____ 4677 13 ______4097, 28______— ______4587 4135, 4136, 4249, 4250, 4405, 4618, 121______4984 144______4984 4655, 4920,4921. 32A CFR 15 4137,4250,4511 OEP (Ch. I): 4736 500______- 4718, 4922 22 CFR DMO 8540.1______503______4723 22 ______5037 P ro p o se d R u l e s : P r o po sed R u l e s : 41______4872, 5037 OIA (Ch. X): 244______4271 301______4776 OI Reg. 1______

17 CFR 23 CFR 33 CFR 200______------4369 P ro p o se d R u l e s : g0 _____ 4983 201 ______4369 255______4891 1io 4737. 4738. 4799, 4881,4922 210______5036 230______— 4369 4463, 4464 260______— 4369 24 CFR 204______270______- 4369 221______4620 ___ 4464 207 _ 4464 P r o po sed R u l e s : 208 _ 230______— 4209 25 CFR 240______3651, 4209, 4632 35 CFR 250_____ 4209 P r o p o se d R u l e s : 4799 270______4984 221______4807 67______FEDERAL REGISTER 5245

36 CFR Page 41 CFR—Continued Page 46 CFR—Continued Page 200______4139 39-1------4185 310------: ------5218 231______4802 39-10------;______4676 526------4626 324 ______4923 101-7------4883 P r o po sed R u l e s : 325 ______4923 101-9------4883 326 ______4923 101-10— ------4883 Ch. II— ------4996 Proposed R u l e s : 101-26------5093 137------5170 401— ------4746 7—------_r_ 4679 101-47— ------4408 105-60------J______4883 502------5046 37 CFR 105-61------4885 514------£ ------4208 109-40______4140 3------5216 47 CFR 42 CFR 0 ------3637 38 CFR 1------—— ------4738 1------4140 73------4620 2 ------4258 75------4804 17------4140 21------4577, 4889 21------5093 25_------3638 43 CFR 73 ------4102, 4186, 4187, 4408, 4739 39 CFR 3100______^______4465 74 ------— ------4258, 4408 3120______- ______4465 Ch. I______3635, 4141, 4185, 4310, 4465 89_------4103, 5094 124______4512 P u b l ic L an d O r d e r s : 91------5094 126______4251 2546 (revoked in part by PLO 93------4103, 5094 151____ 4251 4377)______4332 95------5094 155______4252 4317 (corrected by PLO 4376) _ 4333 97------4 4 6 6 221_____ 3635 4371______3636 P ro po sed R u l e s : 246______4465 4372— ______4333, 4888 21------4891 531______5158 4373 ______4332 73 ------4110, 533______5158 4374 ------4333 4202, 4204-4206, 4378, 4474, 4694, Proposed R u l e s : 4375 ______4333 4891, 5172. 4376 ______4333 Ch. I______4926 74 ------5046 4377 ______4332 4 7 4 7 151______3639 81------4378 ______4400 83------4 7 4 7 155______4199 4379 ------>— 4513 41 CFR 4380 __,____ 4924 49 CFR 4381------4924 1000------4370 5B-7------4983 4382 ______4925 1033------4805 6- 3-- 4674 4383 ------:______4925 1041______4467 7- 1------4252 4384—------i______4925 1048------4626 7-6------4252 4385______4925 9-1------4923, 5166 P ro po sed R u l e s : _ 9-7------4253, 5166 45 CFR 173------— ______4340 9-8------4253 178------4340 9-15------5166 181______4923 1048______4208 9-16------4253 801------4888 11-1------3636, 4882 50 CFR 11-3------4882 46 CFR 28------4104, 4982 11-12------4882 1------5217 32 ------4104,4805 - 11-16------4883 137------5217 33 ___ 4104, 4187, 4259, 4513, 4805, 4806

T KNOW YOUR GOVERNMENT U.S. Government Organization Manual 19 0 7 -1 9 6 8 Presents essential information about Government agen­ cies (updated and republished annually) • Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches* This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S* Government. The United States Government Organization Manual is the official guide to the functions of the Federal Govern • m ent $900 per copy* Paperbound, with charts 'Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.