FEDERAL REGISTER VOLUME 34 • NUMBER 79 Friday, April 25,1969 • Washington, D.C. Pages 6903-6956
Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Coast Guard Commodity Credit Corporation Customs Bureau Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Trade Commission Fiscal Service Indian Affairs Bureau Interior Department Interstaté Commerce Commission Land Management Bureau
I Final Revision
PRINCIPAL OFFICIALS IN THE EXECUTIVE BRANCH
Appointed January 20—April 20, 1969
A listing of about 350 appointments of key officials made after January 20, 1969. Serves as a supplement to the 1968—69 edition of the U.S. Govern ment Organization Manual.
P r ic e : 20 cen ts
Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402
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AGRICULTURAL STABILIZATION FEDERAL AVIATION FISCAL SERVICE AND CONSERVATION SERVICE ' ADMINISTRATION Proposed Rule Making Rules and Regulations Rules and Regulations United States securities; book- Processor wheat marketing cer entry procedure______6930 tificate regulations; conversion Standard instrument approach factor for wheat flour-middlings procedures; miscellaneous INDIAN AFFAIRS BUREAU amendments______6908 blend______6907 Notices Transition area; designation; cor rection ______6907 Delegations and -redelegations of AGRICULTURE DEPARTMENT authority: See also Agricultural Stabiliza Assistant Area Directors, Albu tion and Conservation Service; FEDERAL COMMUNICATIONS querque Area Office______6935 Commodity Credit Corporation. COMMISSION Superintendents, Albuquerque Notices Proposed Rule Making Area Office.______6934 Superintendents, Cherokee, Mic- Packers and Stockyards Adminis Domestic public point-to-point cosukee, and Seminole Agen tration; statement of organiza microwave radio service; annual cies ------6935 tion and delegations______6938 report form applicable to mis cellaneous common carriers; INTERIOR DEPARTMENT ARMY DEPARTMENT . extension of time______6932 See Engineers Corps. See also Indian Affairs Bureau; FM broadcast stations; table of Land Management Bureau; Na assignments, Payette, Ala., etc.; tional Park Service. ATOMIC ENERGY COMMISSION extension of time______6932 Rules and Regulations Proposed Rule Making Notices Information received from appli Board of Contract Appeals______6924 cants and licensees regarding Bernard Rappaport (WGTI T V ); safeguards and physical security hearing, etc______6940 INTERSTATE COMMERCE measures______6931 COMMISSION FEDERAL MARITIME COAST GUARD Notices COMMISSION Notices Motor carriers: Notices Temporary authority applica Equipment, installations, or ma tions ------6952 terials; approval notice _____ 6938 Oriental Latin America Lines, Inc., Transfer proceedings______6953 and Chinese Maritime Trust, Southern Railway Co. and Mis- COMMERCE DEPARTMENT Ltd.; issuance of casualty and souri-Kansas-Texas Railroad See Maritime Administration. performance certificates (2 doc Co.; car distribution______6951 uments) ______6943 COMMODITY CREDIT Petitions filed for approval: LAND MANAGEMENT BUREAU CORPORATION Marine Express Line______6942 Notices United States Atlantic & Gulf- Notices Santo Domingo Conference_ 6943 California; partial termination of Bylaws______6936 proposed withdrawal and reser FEDERAL POWER COMMISSION vation of lands; correction____ 6935 CUSTOMS BUREAU Notices MARITIME ADMINISTRATION Rules and Regulations Rules and Regulations Ports of entry; designation of Hearings, etc.: Tulsa, Okla______6923 Humble Oil & Refining Co. et al_ 6943 Claims, time-barred; processing._ 6928 Notices Sun Oil Co. et al______6947 Exchange of vessels______6929 Tuna fish; tariff-rate quota____ 6934 FEDERAL TRADE COMMISSION NATIONAL PARK SERVICE DEFENSE DEPARTMENT Rules and Regulations Proposed Rule Making See Engineers Corps. Yosemite National Park, Calif.; Administrative opinions and rul fishing ------6931 ings; disclosure of origin of ENGINEERS CORPS certain imported products: Notices Rules and Regulations Hand sprayers and squeeze bot- Big Bend National Park, Tex.; Navigation; Key West Harbor, tles______6907 concession contract______6935 Fla — ------6924 Seam ripper blades______6907 ( Continued on next page) 6905 6906 CONTENTS SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Clorox Co. and Four Seasons Nursing Center of America, In c _____— ------6949 Continental Vending Machine C o r p ______——______6950 Gulf Aerospace Corp------6950 Monongahela Power Co------6950 Mutual Variable Contract Ac count ______—— ------■-— 6950 Westec Corp______._——- 6951 TRANSPORTATION DEPARTMENT See Coast Guard; Federal Aviation Administration. TREASURY DEPARTMENT See Customs Bureau; Fiscal Serv ice,
List of CFR Parts Affected
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.
7 CFR 19 CFR 4 3 CFR 4______...... ___L______6924 777______6907 i _ 6923 10 CFR 31 CFR 4 6 CFR P roposed R u l e s : 370-—------6928 P roposed R u l e s : 375___ 6929 2______6931 306______6930 14 CFR 33 CFR 4 7 CFR 71 6907 207 ______6924 P roposed R u l e s : 97______6908 i* 6932 36 CFR 2 i ______,_____ 6932 P roposed R u l e s : 43 6932 16 CFR 73 •___ 6932 15 (2 documents) _____------6907 7______6931 6907 Rules and Regulations
(b) The Commission advised the party Signed at Washington, D.C., on Title 16— COMMERCIAL seeking the opinion that it would be April 21, 1969. necessary to make clear and conspicuous K e n n e t h E. P r ic k , PRACTICES disclosure of the foreign country of Administrator, Agricultural Sta origin of the imported blades. bilization and Conservation Chapter I— Federal Trade Commission (38 Stat. 717, as amended; 15 U.S.C. 41-58) Service. PART 15— ADMINISTRATIVE Issued: April 24,1969. Section 777.14(c) is amended by add OPINIONS AND RULINGS ing a conversion factor for wheat flour- By direction of the Commission. middlings blend as follows; Disclosure of Origin of Imported Hand [ s e a l '' J o s e p h W . S h e a , § 777.14 ^ Conversion factor basis of re Sprayers and Squeeze Bottles Secretary. porting. § 15.33? Disclosure of origin of im [F.R. Doc. 69-4924; Filed, Apr. 24, 1969; ***** ported hand sprayers and squeeze 8:45 a.m.] Cc) Conversion factors. * * * bottles. B—Bushels of (a> The Commission issued an ad wheat equiva visory opinion concerning the proper lent per 100 labeling as to the origin of imported, Title 7— AGRICULTURE pounds of product (con small, plastic, hand-operated sprayers Chapter VII— Agricultural Stabiliza A—Food Product version factor) and two-piece plastic squeeze bottles. tion and Conservation Service * * * • * * (b) The applicant advised the Com Wheat flour-middlings mission that the imported articles would (Agricultural Adjustment), Depart 2.083 ment of Agriculture blend (extraction rate be sold in quantity to manufacturers or approximately 80 per suppliers of cleaning liquids or other in SUBCHAPTER C— SPECIAL PROGRAMS cent, produced in a dustrial accounts. These purchasers continuous operation [Arndt. 2] would furnish the imported articles to whereby a portion of industrial users for dispensing cleaning PART 777— PROCESSOR WHEAT the middling streams are fed back into the liquids supplied by these purchasers. MARKETING CERTIFICATE REGU (c) The Commission advised the ap flour streams; the prod LATIONS uct contains approxi plicant that on the basis of the facts as mately 90 percent presented the country of origin of the Conversion Factor for Wheat Flour- straight grade flour and imported sprayers or squeeze bottles Middlings Blend 10 percent middlings). should appear conspicuously on the car * * * * * On pages 5951 and 5952 of the F ederal tons in which they are shipped to his [F.R. Doc. 09-4949; Filed, Apr. 24, 1969; customers. In the absence of any affirma R eg ister erf March 29, 1969, there was 8:46 a.m.] tive representation that these products published a notice of proposed rule mak are made in the United States or any ing to add a conversion factor for a food other representation that might mislead product designated as a wheat flour- the ultimate purchasers or users as to middlings blend to the list of food product Title 14— AERONAUTICS AND the country of origin and in the absence conversion factors in the Republication of any other facts indicating actual of the Processor Wheat Marketing Cer deception, the failure to mark the origin tificate Regulations (33 P.R. 14676). SPACE of these articles on them would not be Interested persons were given 15 days Chapter I— Department of Transpor regarded by the Commission as decep in which to submit written comments, tation, Federal Aviation Adminis tive. Accordingly, no marking is required suggestions, or objections regarding the on these articles with reference to the proposed amendment. tration country of-origin. No objections have been received, and SUBCHAPTER E— AIRSPACE (38 Stat. 717, as amended; 15 T7.S.C. 41-58) the proposed amendment is hereby [Airspace Docket No. 68-CE-74] adopted without change and as set forth Issued; April 24,1969. below. PART 71— DESIGNATION OF FEDERAL By direction of the Commission. Since the provisions of this amendment AIRWAYS, CONTROLLED AIRSPACE, as set forth below must be acted on im AND REPORTING POINTS [ s e a l] J o s e p h W . S h e a , mediately, or are needed immediately in Secretary. the administration of the regulations, it Designation of Transition Area IF.R. Doc. 69-4923; Piled, Apr. 24, 1969; is hereby found and determined that Correction 8:45 a.m.] compliance with the 30-day effective date In F.R. Doc. 69-4352 appearing at page requirements of section 4 of the Adminis 6474 in the issue of Tuesday, April 15, trative Procedure Act (60 Stat. 238, 5 PART 15— ADMINISTRATIVE 1969, the description of the transition U.S.C. 553) is impracticable and contrary area should read as follows: OPINIONS AND RULINGS to the public interest and that this amendment shall be effective as pro R oseau, Mi n n . Disclosure of Origin of Imported vided below. That airspace extending upward from 700 Seam Ripper Blades Effective date. The conversion factor feet above the surface within a 5-mile radius of Roseau Municipal Airport (latitude § 15.338 Disclosure o f origin o f im provided in this amendment may be used 48°51'25" N., longitude 95°41'40" W .); and ported seam ripper blades. by processors as described in § 777.12(d) within 2 miles each side of the 153° bearing in reporting the wheat processed into from Roseau Municipal Airport, extending (a) The Commission rendered an food products on and after January 1, from the 5rmile radius area to 8 miles south advisory opinion concerning the proper 1969. Any processor who wishes to east of the airport; and that airspace extend marking of the origin of seam ripper change a report previously submitted to ing upward from 1,200 feet above the surface blades imported from Germany. The im the Kansas City ASCS Commodity Office within 5 miles southwest and 8 miles north east of the 153° bearing from Roseau Munic ported blades will be assembled with for such period shall submit a corrected handles of domestic origin. ipal Airport, extending from the airport to report to such office. 12 miles southeast of the airport.
FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6908 RULES AND REGULATIONS
SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Beg. Docket No. 9522; Amdt. 646] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. . . . „ , , , .. a ^ A s a situation exists which demands immediate actiwi in the interests of safety m air commerce I find that compliance with the notice and procedure provisions of--the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. „. _ D . Q„ In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/M F), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype N D B (A D P ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles t e K i S d a t the below named airport, it shall be in accordance with the following instrument approach Procedure u n l £ ^ S 3 ¿ » d T S a K f t T d W S procedure for such airport authorized by the Admimstrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum ------— — 2-engine, Condition 65 knots More more than From— To— distance altitude (feet) or less than 65 65 knots knots
Direct..... - ...... 9,000 T-dn%. 1000-2 1000-2 1000-2 Reno V O R ...... 1------Sparks RBn. 2100-2 2100-2 2100-2 Truckee Int—...... -...... Sparks RBn. Direct______10,500 C-dn... A-dn._. 2100-2 2100-2 2100-2
Proœdme\urngW side of crs, 342° Outbnd, 162° Inbnd, 9000' within 10 miles. Minimum altitude over Sparks RBn on final approach crs, 8200'; over LMM 6700 . ^visu al Standard I nstrum ent A pproach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , , , , , .i,A fniioTOini? instrument aoDroach procedure. If an instrument approach procedure of the above type is conducted at the below named airport, it shallbein ac^dan«.with_the fofiowtog in s t r o ™ ap^oac p d unless an approach is conducted in accordance with a different procedure for such airport authorized by tbe^nfim strator. Initial approaches snail De mane over sp routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.______— Transition Ceiling and visibility minimums 2-engine or less More than 2-engine, Course and Minimum Condition 65 knots More more than From- To— distance altitude (feet) or less than 65 65 knots knots T-dn% — 300-1 300-1 200-)5 C-dn 1000-3 1000-3 1000-3 A-dn...... 1000-3 1000-3 1000-3 If aircraft equipped to receive DME and Bishop DM E Fix received, the following minimums are authorized: ' C-dn .. - . 400-1 500-1 500-1M S-dn...... 400-1 400-1 500-1)5 Procedure turn N side of crs, 020° Outbnd, 200° Inbnd, 7400' within 10 miles. Beyond 10 miles not authorized. Minimum altitude over facility on final approach crs, 7400'; over Bishop DME Fix, 6300 . _ ’___ .. _ 0 .. — °« “ «* - R-200°, C P R V O R within 20 miles or, when directed by A T C , turn rteht.climb to 8CHW direct to VO R . * “ * »“ - or *b0TO I0'w ' O ty, C ^ r , « * . W y ., Airport pom.. C « p . r A ir TonPigi«f^C^BVO^Oj M g * , C P R i Prcooduro No. V O R -!, A » « . 8; Efl.date, 15M . y « FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6909 2. By amending § 97.11 of Subpart B to delete low or medium frequency range (L/M P), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Davenport, Iowa— Davenport Municipal, ADP 1, Arndt. 3, 17 Dec. 1966 (established under Subpart C). Oklahoma City, Okla.— Will Rogers World, NDB (ADP) Runways 17L/R, Amdt. 11, 13 May 1967 (established under Subpart C). Oklahoma City, Okla.— Will Rogers World, NDB (ADP) Runways 35L/R, Amdt. 15, 13 May 1967 (established under Subpart C). Wichita Palls, Tex.— Sheppard AFB/Wichita Palls Air Terminal, NDB (ADP) Runway 33L, Amdt. 4, 3 June 1967 (established under Subpart C). Oklahoma City, Okla.— Will Rogers World, VOR 1, Amdt. 11, 21 May 1966 (established under Subpart C ). Wichita Falls, Tex.— Sheppard AFB/Wichita Palls Air Terminal, VOR-1, Amdt. 7, 24 June 1967 (established under Subpart C). 3. By amending § 97.11 of Subpart B to cancel low or medium frequency range (L/M P), automatic direction finding (ADP) and very high frequency omnirange (VOR) procedures as follows: Wallkill, N.Y.— Kobelt, VOR-1, Orig., effective 6 May 1967, canceled effective 15 May 1969. 4. By amending § 97.17 of Subpart B to amend instrument landing system (ELS) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype LFR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in ieet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots Niles Int...... OM or Wilson Int...... ______Via OBK, R 146° 3000 T-dn% ...... 300-1 300-1 200-34 and E crs LOC. C-dn:...... 500-1 500-1 500-134 Warren Int___ O RD V O R ...... _...... ______Direct______2500 S-dn-27L*...... 400-1 400-1 400-1 Lakewood Int. O RD V O R ...... Via OBK, R 272° 2500 A-dn...... 800-2 800-2 800-2 and O RD R 318°. ORD VOR. OM or Wilson Int...... Direct...... 2500 OBK VO R. O RD V O R ...... ______Direct______• 2500 A PI V O R .. O RD V O R ...... Direct______2500 Radar Available. Procedure turn N side of crs, 088° Outbnd, 268° Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2200'. Crs and distance, facility to airport, 268°—4. 2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles of OM or Wilson Int turn left to 250° heading climb to 1500' then make climbing left turn to 3500' and proceed to D P A V O R via R 085°. . B’ Note: N o glide slope. Inoperative table not applicable. OM named Wilson. Caution: When conducting parallel approach Parallel ILS Runways 27 L and R procedure must be used. Dual V O R receivers required for identification of Wilson Int. % R V R 2400' authorized Runways 14L, 14R, 32L, 32R, and 27R. Takeoffs on Runway 32L when weather is below 1000-3, climb to 2000' on runway heading prior to making 1611 turn. ^Reduction not authorized for H IR L , Radar identification of Wilson Int will be provided at pilot’s request. City, Chicago; State, 111.; Airport name, Chicago-O’Hare International; Elev., 667'; Fac. Class., ILS; Ident., I-T S L ; Procedure No. LOC Runway 27L Amdt 2- Eff date 15 May 69; Sup. Amdt. No. 1; Dated, 28 Nov. 68 ' Standard I nstrum ent A pproach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots Lawrence Int Wilson OM or In t...... 268°-6.31 2200 T-d n ...... 300-1 .300-1 200-34 Edens Int___ Taft LOM (final when GS not uti- 268°-2.75. 2200 C-dn______N A N A N A lized). S-dn-27R*$____ 200-34 200-34 200-J4 S-dn-27L@------400-1 400-1 400-1 A-dn-27R...... _ 600-2 600-2 600-2 A-dii-27L...... 800-2 800-2 800-2 Radar required. Procedure turn not authorized. Crs and distance, <3M to 27L, 268°; LOM to 27R, 268°. Runway 27L: Minimum altitude at Lawrence Int, Inbnd, 4000' (2200' when authorized by A T C ), minimum altitude over Wilson Int or OM, 2200'. ... „vi*nT ay 2 Minimum altitude at glide slope interception Inbnd, 3000'. Altitude of glide slope and distance to approach end of runway at OM, 27R, 2130'—4.5 miles- 27L no glide slope, 4.2 miles; at MM, 27R, 860'—0.6 mile, 27L, no MM. • ’ ’ ’ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished: Runway 27L: Turn left to 250° heading climb to 1500' then make left-climbing turn to 3500' and proceed to D P A V O R via R 085°. Runway 27R: Turn right to 285° heading, climb to 1500' then make right-climbing turn to 3500' and proceed direct O B K VO R . nro (1). Us® or this procedure is mandatory when conducting a parallel IL S approach, and is authorized only when airborne 75 me (or A D F ), and localizer receivers fnnnt-er- simultaneously. A radar fix in lieu of Wilson and Lawrence Int will be provided upon pilot’s request. (2) When any required airborne receiver in Note 1 is mal- a parallel approach is not desired, immediate notification of approach control is mandatory. (3) When advised that parallel operations are in progress, the pilot Vnn ■ authorization and restrictions for Runways 27 L and R, and be prepared to accept or reject an approach to either. (4) Back crs unusable Runway 27R. (5) Dual v receivers required on Runway 27 L for identification of Wilson and Lawrence Int. ' *R V R 2400' authorized. $400J^ required when glide slope not utilized and 400-34 authorized with operative A L ’s except for 4-engine turbojets. ©Reduction not authorized for H IR L Runway 27 L. @No glide slope on Runway 27 L. City, Chicago; State, HI.; Airport name, Chicago-O’Hare International; Elev., 667'; Fac. Class., ILS; Ident., I-T S L and I-IA C ; Procedure No. Parallel IL S Runways 27 Land R. Amdt. 2; Eff. date, 15 May 69; Sup. Amdt. No. 1; Dated, 28 Nov. 68 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6910 Standard Instrument Approach Procedure—Type ILS— Continued Ceiling and visibility minimums Transition 2-engine or less More than ______2-engine, Course and Minimum distance altitude Condition 65 knots More more than From— To— (feet) or less than 65 65 knots knots Ô, 000 T-dn%. 1000-2 1000-2 1000-2 Sparks RB n ______Direct. 1000-2 1000-2 1000-2 Reno VO R - Sparks RBn ______Direct. 10,500 C-dn*_. Truckee Int. A-dn__. 1500-3 1500-3 1500-3 S S i Ä l i Ä i ' S eo,«;«7,»!!. DM K F ix ,7000'; ove, O M o, « 0 . D M * F ix ,0350'. rvc and Hiatanee facility to airport MM; 162°—CL5 mile. , . , , . d t Ä Ä Ä Ä t Ä Ä U s ; »t 7.9-mil, DME, 7000--7.7 mile,; . t OM, OOSO'-O.S m H ». Mlotamm 1 « . P° % IF R departures must comply with published Reno SID ’s. M^~wiÄin^5^miies^f 9800'; 050°-140°—9400'; 140o-230° 11,800'; 230°-320°—9800'. City, Reno; State, N e v , Airport name, Reno Municipal; E l e v . , Pr0CedUre N<>' ^ 16’ “ * ^ ^ 15 May 6 ’ ^ 5 By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures as follows; SUblw £hita Falls, Tex.— Sheppard AFB/Wichita Falls Air Terminal, ILS Runway 33L, Arndt. 6, 3 Ju n e 1967 (established under Subpart C). 6. By amending § 97.19 of Subpart B to establish radar procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype R adar Bearings headings, corns» and radiale are mag,relic. Elevations and altitudes are in fa t MSL. Ceilings are in fa t above airport elevation. Distances arc In nauttal m il« u,üi?a0! Ä Ä ? Ä , Ä Ä ^ ^ in accordance with a different procedure authorized for arpa or «g se^ forth below Positive identification must be established with the radar controller. From correspond with those established for en route operation in the Part^^ar area or asi set lortn peiow. mandatory except when (A ) visual contact is established on final initial contact with radar to final authorized landing minimum8^the ?f Ceiling and visibility minimums Transition 2-engine or less More than 2-engine, Course and Minimum Condition 65 knots More more than To— distance altitude From— (feet) or less than 65 65 knots knots Precision approach # 2600 T-dn*______300-1 300-1 *♦300-1 360° ______— 0-25 miles______700-1Yt 000° ______2600 C-dn%...... 600-1 700-1 ...... 240°...... -...... 25-35 miles...... 400-1 400-1 400-1 110° . . . . ---- 240°...... -...... 35-40miles...... 2700 S-dn-18@___ !.. 110°.... A-dn...... 800-2 800-2 800-2 A d l r n = not accomplished, m * e right turn, climbing to 3700' on a heading ot 270-, In- tercept the STJ V O R R 165°, turn N to Farley In t. Cautio n: Numerous obstructions all quadrants. ♦No reduction in takeofl minimums except Runway 36. takine off S or SW and planned route is between 090° and 180°, intercept the R IS VO R , R 210 or MKO V O R^ ^ W O ^ ^ to b ^ ^M W '^ ete^ p ro^ V in gra^ rs^ ^ ^ aircr^ iS in g^ ff £ or N E and planned route is between 090» and 180», climb to 2500 before proceeding S of the 090 A D F bearing from K C LMM. ^ ^ ^ Wh6n M K ° W nCe r6m arkS ^ h6ight b6l0W aUthOTiZed CirC@ ^ ilr e q ^ e ? w h M approach l^Ms^hio^perative0. ^eductionnot authorized. * „ ' „ City, Kansas City; State, Mo.; Airport name, Municipal; Elev., 758'; Facility, Kansas City Radar; Procedure No. Radar-1, Arndt. Orig.; Efl. date, May 7 By amending § 97.19 of Subpart B to delete radar procedures as follows; Oklahoma City, O kla.-W ill Rogers World, Radar 1, Arndt. 6, 13 May 1967 (established under Subpart C ). FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6911 8. By amending § 97.21 of Subpart C to amend low or medium frequency range (L/MP) procedures as follows: Standard Instrument Approach Procedure—Type LFR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL, except H A T , H A A , and B A: Ceilings are In feet above aimort elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute mil*« 0r hundreds of feet RVR.- If an instrument approach procedure of the above tjy e is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. y Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 6 miles after passing SIT L F R . (feet) BKA V O R ...... S IT L F R ...... ______Direct...... 1700 Turn left, climb to 1700' on S crs SIT LFR within 10 miles of SIT LFR. Supplementary charting information: Crs and distance to airport from M AP, 357°, 6.9 miles. High terrain all quadrants. Procedure turn E side of crs, 179° Outbnd, 359° Inbnd, 1700' within 10 miles of S IT L F R . FAF, S IT L F R . Final approach crs, 359°. Distance F A F to M AP, 6 miles. Minimum altitude over SIT L F R , 1000'. MSA: NW—6000'; N E —6400'; SE—1700'; SW—4200'. N ote: All maneuvering S of airport, high terrain beginning 1.2 miles N of airport. "Takeoff minimums for Runway 11, 400/2. After takeoff Runway 11, turn right immediately. #Visual flight required from M A P to airport. Day and N ight Minimums A B C D Cond. MDA VIS HAA MDAVIS HAA MDAVIS HAA MDAVIS HAA C#...... - ...... 700 2 ~ 681 700 2 681 700 2 681 700 2 681 A...... Standard. T 2-eng. or less—Standard.* T over 2-eng.—Standard.* City, Sitka; State, Alaska; Airport name, Sitka; Elev., 19'; Facility, SIT; Procedure No. LFR-1, Arndt. 3; Eff. date, 15 May 69; Sup. Arndt. No. 2; Dated, 6 Mar. 69 9. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE--- TYPE VOR TvJ?earlngs' iieadinss> courees and radials are magnetic Elevations and altitudes are In feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . ^ instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such aiiport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. p Terminal routes Missed approach • Minimum From— To— Via altitudes M AP: 5 miles after passing Sooner Int. - (feet) OKC, R 193°, C W .. ______OKC, R 276° (N O P T )...... _____ OKC 10-mile DME Arc, 3000 Climb to 2900' on O KC V O R T A C R 096° R 265°, lead radial. within 20 miles. OKC, R 289°, CCW ____ ...... OKC, R 276° (N O P T )...... OKC 10-mile DME Arc, 3000 Supplementary charting information: De R 287°, lead radial. Calumet In t.. pict R 096° as final approach radial...... OKC V O R T A C (N O P T ).. _____ O KC R 289°...... 3000 Runway 12, T D Z elevation, 1277'. Union In t...... OKC VORTAC (NOPT).. _____ OKC R 258°______3000 Procedure tum S side of crs, 276° Outbnd, 096° Inbnd, 3000' within 10 miles of O KC V O R T A C . FAF, Sooner Int. Final approach crs, 096°. Distance F A F to M AP, 5 miles. Minimum altitude over OKC V O R T A C , 3000'; over Sooner Int, 2600'. <► MSA: 000°-090°—3800'; 090°-180°—29007; 180°-270°—3000'; 270°-360°—2700'. N otes: (l) ASR. (2) Inoperative table does not applyto R E IL Runway 12. #RVR 24', Runway 35L. Day and N ight Minimums A B C n C o n d . ------MDA VIS HAT MDA VIS HAT MDA VIS HAT MD A VIS HAT 8' 12-- — -...... 1700 1 423 1700 1 423 1700 1 423 1700 1 423 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... -...... 1740 1 446 1760 1 466 1760 1J£ 466 1860 - 2 566 A...... -...... Standard. T 2-Eng. or less—Standard. # T over 2-eng.—Standard. # City, Oklahoma City; State, Okla.; Airport name, Will Rogers World; Elev., 1294'; Facility, OKC; Procedure No. VO R Runway 12, Arndt. 12; Eff. date 15 Mav 69- Sud Arndt No. VOR 1, Amdt. 11; Dated, 21 May 66 ’ FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 No. 79---- 2 6912 RULES AND REGULATIONS Standard I nstrum ent A pproach P rocedure—T ype VOR— Continued Terminal routes Missed approach Minimum M AP: 5.1 miles after passing SPS From— To— Via altitudes VORTAC. (feet) SPS V O R T A C , R 191° CW__ SPS VORTAC, R 262° (NO PT)...... SPS 10-mile DME Are. 2700 Turn left, climb to 2700' on SPS V O R T A C SPS VORTAC, R 276° CCW. SPS VORTAC, R 262° (N O PT)...... SPS 10-mile DME Are. 2700 R 060° within 20 miles. 2700 Supplementary charting information: De- Beaver Int------SPS VORTAC (NOPT)...... Direct...... -...... SPS VORTAC (NOPT)...... Direct...... 2700 pict M AP where final approach ers Cowser In t------intersects Runways 15R/33L. Procedure turn N side of ers, 262° Outbnd, 082° Inbnd, 2700' within 10 miles of SPS V O R T A C . F A F , SPS V O R T A C . Final approach ers, 082°. Distance E A F to M AP, 5.1 miles. Minimum altitude over SPS V O R T A C , 2700'. MSA: 000°-270°—3100'; 270°—360°—3200'. N ote: Radar vectoring. #RVR 24', Runway 33L. . . , »Circling not authorized W of Runways 15R-33L defined by centerlines extended. Day and N ight Minimums A B ______C______D______ Cond- M D A V IS TT a a MDA VIS HAA MDA VIS HAA MDA VIS HAA 0 » 1500 1 485 1500 1 485 1500 IMi 485 1580 2 £65 A ...... standard. T 2-eng. or less—Standard. # T over 2-eng.—Standard. # Citv Wichita Falls- State Tex ; Airport name, Sheppard AFB/Wichita Falls Air Terminal; Elev., 1015'; Facility, SPS; Procedure No. VOR-1, Arndt. 8; Efl. date, 15 May 69; . ’ Sup. Arndt. No. 7; Dated 24 Jun 67 10. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype VOR Bearings headings courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . , . , a. , , K t o t r u r n e n t approach procedure of the above type is conducted at the below named airport it shafibe in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum M AP: 2.3miles after passing CVG V O R TAC. From— To— Via altitudes (feet) 2700 Climb to 2500', left to R 006° to New Madeira N D B ...... CVG VORTAC ______hirpct R 223°, CVG VORTAC (NOPT).-... 10-mile Arc CVG, 211° lead 2400 Baltimore Int and hold. R 140°, CVG VORTAC CW------Supplementary charting information: Hold 2400 N, 1 minute, right turns, 186° Inbnd. R 290°, CVG V O R CCW...... R 223°, CVG VORTAC (NOPT)... 10-mile Arc CV G, 235° lead radial. Final approach ers crosses intersection of Runways 36 and 9R. Procedure tum E side of ers, 223° Outbnd, 043° Inbnd, 240O' within 10 miles of C V G V O R T A C . F A F CVG V O R T A C . Final approach ers, 043°. Distance F A F to M A P, 2.3 miles. Minimum altitude over CV G V O R T A C , 1500'. MSA: 000°-090°—2800'; 090°-180°—2300'; 180°-270°—23007; 270°-360°—2300'. N ote: ASR. • _ . . . #R V R 18' authorized Runways 18 and 36 for Categories A, B, and C. #RVR 20' authorized Runways 18 and 36 for Category D. % DAY AND NlGHT MINIMUMS A . ______B______c ______Cond. MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C 1300 1 410 1340 1 450 1340 IMS 450 1560 2 670 A ...... Standard. T 2-eng. or less—Standard. # T over 2-eng. Standard, t City, Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Facility, CVG^rocedure No. VOR-1, Arndt. 10; Efl. date, 15 May 69; Sup. Arndt. No. 9; Dated, FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6913 Standard I n stru m ent A pproach P rocedure—T ype VOR— Continued Terminal routes Missed approach Minimum From— T o— Via altitudes MAP: IMT VOR. (feet) Climbing left turn to 2800' on R 320° with in 10 miles, return to VO R . Supplementary charting information: Final approach crs Intercepts runway center- line 2460' from threshold. LR C O , 122.1, 123.6. 1700' hill and tower, 1.7 miles N N E . 1400' hill, 1 mile S. T D Z eleva tion, 1128'. Procedure turn E side of crs, 192° Outbnd, 012° Inbnd, 2500° within 10 miles of IM T VO R. Final approach crs, 012°. MSA: 000°-270°—2800'; 270°-360°—2900'. N otes: (1) Sliding scale not authorized. (2) Use Marquette altimeter setting when control zone not effective. Circling and straight-in M D A increased 220' except for operators with approved weather reportmg service. • * Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service. #Circling N E of airport not authorized. $Night minimums 2 miles. %Aircraft departing Runway 1, climbing left turn to 2200' on R 315° before proceeding on crs; aircraft departing Runway 13, climbing right turn to 2200' on R 160° before proceeding on crs; aircraft departing Runway 31, right turn not authorized until reaching 2200', Day and N ight.Minimums A b C n Cond. ------~ ______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA vïs HAT ...... -...... - ...... — 1760 1 632 1760 1 632 1760 1A 632 1760 VA 632 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C$*...... 1760 1 611 1760 1 611 1760 VA 611 1760 2 611 A ...... -...... Standard.* T 2-eng. or less—500-1.$% T over 2-eng.—500-1.$% City, Iron Mountain; State, Mich.; Airport name, Ford; Elev., 1149'; Facility, IM T; Procedure No. VO R Runway 1, Arndt. 2; Eff. date, 15 May 69; Sup. Arndt. No. 1- Dated Zu A U S . Do Terminal routes * Missed approach Minimum From— T o— Via altitudes MAP: IMT VOR. (feet) Climb to 2800' on R 320° within 10 miles, return to VO R nal approach crs intercepts runway centerline 2520' from threshold. LRCO . 122.1,123.6.1700' hill and tower, 1.7 miles N N E . 1400' hill, 1 mile S. T D Z elevation, Procedure turn S side of crs, 140° Outbnd, 320° Inbnd, 2800' within 10 miins of IM T V O R Final approach crs, 320°. Minimum altitude over IM T VO R , 1640' (I860' when control zone not effective*). MSA: 000°-270°—2800'; 270°-360°—2900'. disapproved w eatolS orttaS ^i^* ® Marquette altlmeter setting when contro1 zone not effective. Circling and straight-in M D A increased 220' except for operators ‘ Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service, circ lin g JNiii 01 airport not authorized, $Night minimums 2 miles. departing Runway 1, climbing left turn to 2200' on R 315° before proceeding on crs; aircraft departing Runway 13 climbine rieht turn to 2200' on R 1 so° Proceeding on crs; aircraft departing Runway 31, right turn not authorized until reaching 2200'. . y ’ uuxiulng ngni mrn 10 £2m on K 150 before Day and N ight Minimums Cond. ------? ______:______0 D ______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS Ü t S 31*...... 1640 1 616 1640 1 516 1640 1 616 1640 l} 4 516 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA ...... 1700 1 551 1700 1 551 1700 1 A 551 1700 2 551 Ar - ...... Standard. T 2-eng. or less—500-1.$% T over 2-eng.—500-1.$% City, Iron Mountain; State, Mich.; Airport name, Ford; Elev., 1149'; Facility, IM T ; Procedure No. V O R Runway 31, Arndt. 3; Eff. date, 15 May 69; Sup. Arndt. No. 2- Dated 29 Aug. 68 1 9 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6914 RULES AND REGULATIONS Standard I nstru m ent A pproach P rocedure—T ype VOR— Continued Terminal routes Missed approach Minimum M A P: Within 3 miles after passing B K A From— To— Via altitudes VOR. (feet) S IT L F R ...... B K A V O R ...... Direct____ 1700 Turn left, climbing to 1700' on R 181° 20-mile DME Fix (R 339°)-- 10-mile DM E Fix (R 339°). R 159°____ 4000 within 10 miles of BKA. VO R . 10-mile DM E Fix (R 339°)- B K A V O R ...... R 159°____ 1700 Supplementary charting information: Crs 9- mile DME Fix (R 099°) — 4-mile DM E Fix (R 099°)- R 279°____ 4000 and distance to airport from MA P R 001°, 4-mile DM E Fix (R 099°) _ BKA VOR...... R 279°...... 1700 9.7 miles. High terrain all quadrants. 10- mile D M E Fix (R 295°)- B K A V O R ...... Direct____ 1700 10-mil a DME Fix (R 120°).. B K A V O R ______Direct____ 1700 Procedure turn E side of crs, 181° Outbnd, 001° Inbnd, 1700' within 10 miles of B K A VO R . F A F , SIT V O R . Final approach crs, 001°. Distance F A F to M A P, 3 miles. Minimum altitude over B K A V O R , 1000'. . . . , MSA: 000°-090°—6400'; 090°-180°—4700'; 180°-270°—1700'; 270°-360 —5400'. N ote: A ll maneuvering S of airport, high terrain beginning 1.2 miles N of airport. ♦Takeoff m in im u m s for Runway 11,400/2. After takeoff Runway 11, turn right immediately. ^Visual flight required from M AP to airport. Dat and N ight Minimums A B C D MDA VIS ITA A MDA VIS HAA MDA VIS HAA MDA VIS HAA c # ...... 700 2 681 700 2 681 700 2 681 700 2 681 A ...... Standard. T 2-eng. or less—Standard.* T over 2-eng.—Standard.* City, Sitka; State, Alaska; Airport name, Sitka; Elev., 19'; Facility, B K A ; Procedure No. VOR-1, Arndt. 4; Efl. date, 15 May 69; Sup. Arndt. No. 3; Dated, 6 Mar. 69 11. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype LOC Bearings headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL, except H A T , H A A , Mid R A . Ceilings are in feet above airport elevation. Distances aré in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . _, — . . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, nni.oc an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To- Via altitudes M A P: 4 miles after passing TWO N D B . (feet) 3000 Climb to 2600' on LO C crs 171° within 20 OKC VORTAC. TW O N D B ...... Direct...... TW O N D B ...... Direct...... 3000 miles; or, climbing right turn to 2500' O K LO M ...... 3000 direct O KC VO RT A C . Cashion Int_____ Edmond In t...... -...... LO C (B C ). TWO NDB (NOPT)...... LO C (B C ). 2300 Supplementary charting information: Run Edmond In t------way 17 R, T D Z elevation, 1280'. Procedure turn W side of crs, 351° Outbnd, 171° Inbnd, 3000' within 10 miles of TW O N D B . F A F , TW O N D B . Final approach crs, 171°. Distance F A F to M AP, 4 miles. Minimum altitude over TWO N D B , 2300'. MSA: 000°-090°—3800'; 090°-180°—2900'; 180 -270°—2600 ; 270 -360 —3800'. N ote: ASR. # R V R 24' Runway 35L. D a t ^ N i(jHT Minimums A B * C D Cond. HAT MDA VIS HAT MDA VIS HATMDA V IS H A T MDA VIS IP © 320 1600 CO 1600 1 320 S-17R...... ____ 1600 % 320 1600 % HAA MDA VIS HAA MDA VIS HAA MDA V IS H A A MDAVIS 1760 466 1860 2 566 C ...... 1740 1 446 1760 1 466 1H T over 2-eng.—Standard.# A ...... - ...... Standard. T 2-eng. or less—Standard.# C itv Oklahoma C ity State, Okla.; Airport name, Will Rogers World; Elev., 1294'; Facility, I-O K C ; Procedure No. LO C (B C ) Runway 17R, Arndt. 13; Eft. date, 15 May 69, Jy Sup. Amdt. No. 12; Dated, 13 May 67 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6915 Standard Instrument Approach Procedure—Type LOC—Continued Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 5.5 miles after passing Burk Int. (feet) S P S V O R T A C ...... ; . . . . 270ft Climb to 2500' on LOC crs 149° within SP LOM...... Burk Int...... ______Direct...... 2700 20 miles. S P S V O R T A C , R 252° CW...... SPS LO C (B C )...... SPS 11-mile D M È Arc/SPS, 2700 Supplementary charting information : Run R 342° lead radial. way 15R, T D Z elevation, 998'. SPS 11-mile DM E A re .. — ...... SPS localizer...... 2400 Procedure turn E side of crs, 329° Outbnd, 149° Inbnd, 2700' within 10 miles of Burk Int. F A F , Burk Int. Final approach crs, 149°. Distance F A F to M AP, 5.6 miles. Minimum altitude over Burk Int, 2400'. N ote: Radar vectoring. #R V R 24', Runway 33L. ♦Circling not authorized W of Runways 15R-33L defined by centerlines extended. Day and N ight Minimums ______A______B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-15R...... 1300 h 302 1300 % 302 1300 % 302 1300 1 302 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C*...... 1380 1 • 365 1480 1 465 1480 1J^ 465 1580 2 565 A ...... -...... Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.# City, Wichita Falls; State, Tex.; Airport name, Sheppard AFB/Wichita Falls Air Terminal; Elev., 1015'; Facility, I-SPS; Procedure N o LO C (B C ) Runwav 15R Arndt 6- E fl. date, 15 May 69; Sup. Arndt. No. 5; Dated, 24 June 67 ’ ‘ ’ 12. By amending § 97.25 of Subpart C to amend localizer (LOC) and localizer-type directional aid (LDA) procedures as follows; Standard I nstrument A pproach P rocedure—T ype LOC Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A, and RA. Ceilings are in feet above airoort elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R 6 p elevation, instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument aDDroach procedure t a w - qi!S°°,nclucted i f accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation m the particular area or as set forth below. “ u «"wspom * Terminal routes ______Missed approach Minimum From— To— Via altitudes M AP: 3.9 miles after passing Addyston (feet) LOM. Mount Healthy In t...... Union Int...... ____ 2200 Climb to 2000' on S crs of IL S to Union ...... 2300 CVGVORTAC..— ______Int and hold. Madeira N D B ______Supplementary charting information: Hold ...... 2700 New Baltimore Int...... S, 1 minute; right turns, 360° Inbnd. ----- Addyston LOM (N O P T )...... 2000 T D Z elevation, 873'. Procedure turn W side of crs, 360° Outbnd, 180° Inbnd, 2000' within 10 miles of Addyston LOM F A F , Addyston LOM. Final approach crs, 180°. Distance F A F to M AP, 3.9 miles Minimum altitude over Addyston LOM, 2000'. MSA: 000°-090°—2800'; 090°-180°—2800'; 180°-270°—2300'; 270°-360°—2300' N ote: ASR. Batea fd C .A ’ B ’ a M ° airCraft ° nC-mile visibility required when A L ’S ^operative. #R V R 20' authorized Runways 18 and 36 for Category D . ’ ’ Day and N ight Minimums Cond. ------*------? ______: ______£ ______5 ______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S"18*...... -...... - 1200 R V R 40 327 1200 R V R 40 327 1200 R V R 40 327 1200 R V R 40 327 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS TTM C""" ...... ------1300 1 410 1340 1 450 1340 lj City, Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Facility I-C V G ; Procedure No. LO C (B C ) Runway 18, Arndt. 6; E ff. date, 15 May 69; Sup Arndt No. 5; Dated, 13 Mar. 69 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 2 5 , 1969 6916 RULES AND REGULATIONS Standard I nstrum ent A pproach P rocedure—T ype LOC— Continued Missed approach Terminal routes Minimum M AP: 3.8 miles after passing Florence To— Via altitudes LOM. From— (feet) Florence LO M ______Direct------2000 Climb to 2000' direct Addyston LOM and CVG VORTAC.... 2300 hold. New Baltimore Int.. Florence LO M ______------*---- Florence L O M ..______Direct— ------— ------2700 Supplementary charting information: Madeira N D B _____ Union Int . ______- Via ABB R074° and S crs 2400 Hold N , 1 minute, right turns, 180° Warsaw Int______...... SIC LOC. Inbnd. Union Int ____ Via FLM R 314° and S CTS 2400 T D Z elevation, 850'. Falmouth VO R- . umouxm...... j SIC LOC. Union In t...... Florence LOM (N O P T )...... Direct. 2000 Procedure turn E side of crs, 180° Outbnd, 360° Inbnd, 2000' within 10 miles of Florence LOM. F A F Florence LOM. Final approach crs, 360°. Distance F A F to M AP, 3.8 miles. Minimum altitude over Florenœ LOM 2000'. . MSA: 000°-090°—2800'; 090°-180°—2300'; 180 -270°—2300', 270 -360 —2300 . N ote: ASR. „ , . * -d __a m #R V R 18' authorized Runways 18 and 36 for CategonesA, B, and C. #R V R 20' authorized Runways 18 and 36 for Category D. D a y and N iqht m in im u m s Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT R V R 40 370 1220 R V R 24 370 1220 R V R 24 370 1220 S-36— . . . . . 1220 R V R 24 370 MDA VIS, HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 670 1 450 1340 1M 450 1560 2 n 1300 1 410 1340 T 2-eng. or less—Standard.# T over 2-eng.-—Standard.# A ...... Standard. City, Covington; State, K y.; Airport name, Greater Cincinnati; Elev., No. LOC (BC) Runway 36, Arndt. 4; Eft. date, 15 May 69; Sup. Arndt. 13. By amending97.27 of Subpart C to establish nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE--- TYPE I L S Bearings headings courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H AT^ H A A and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless ncted^Uhe^below m i ^ ^ o r M ^ s h a U befn^ordan ce with the following instrument approach procedure. unless. - J ______4 TV +V»a rvartl mil nr firAft, nr AS Sfit forth D610W. Missed approach Terminal routes Minimum M AP: 2.2 miles after passing D V N N D B . To— Via altitudes From— (feet) 2300 Climbing left turn to 2300', return to D VN D V N N D B ...... Direct____ C VA V O R ...... -...... Direct___ 2300 N D B . . , Moscow In t...... D V N N D B ------2300 Supplementary charting information. M L I V O R T A C ...... Runway 2, T D Z elevation, 749'. F A F , D V N ^ D B F i n T ^ ^ Distance F A F to M AP, 2.2 miles. tum required- (2) use Moune- m - aitimeter when contro1 zone not eflective- (3) Badar VeCt#Alternate minimums not authorized when control zone not eflective except for operators with approved weather reporting service. Day and N ight Minimums C D A B Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 1 411 1160 1 411 1160 1 411 1160 8 2 1160 1 411 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS .. H A A 2 567 1220 1 467 1220 1H 467 1320 n .... 1220 1 467 T 2-eng. or less—Standard. T over 2-eng.—Standard. A ____ . Standard.# City, Davenport; State, Iowa; Airport name, Davenport M n n l r t p ^ E l e v , ^ N D B (A D F > 2- ^ “ M a ï W S“ P' FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6917 Standard I nstrum ent A pproach P rocedure—T ype ILS— Continued Terminal routes Missed approach Minimum M A P: Runway 17L, 4.1 miles and Runway From— T o - Via altitudes 17R, 4 miles after passing TWO N D B . (feet) OKC V O R T A C ...... ______TW O N D B ______3000 Climb to 2600' on bearing 171° from TWO OK LOM...... ______TW O N D B ______3000 N D B within 20 miles; or, turn right, Cashion Int______Edmond Int...... ______Bearing 171? to TW O N D B ____ 3000 climbing to 2500' direct O KC V O R T A C . Edmond Int______...... TWO NDB (NOPT)...... Direct______2300 Supplementary charting information: Run way 17R, T D Z elevation, 1280'. Runway 17L, T D Z elevation, 1285'. Procedure turn W side of crs, 351° Outbnd, 171° Inbnd, 3000' within 10 miles of TWO N D B . FAF , TWO N D B . Final approach crs Bunway 17L, 160°; Runway 17R, 171°. Distance F A F to M A P Runway 17L, 4.1 miles; Runway 17R, 4 miles. Minimum altitude over TWO N D B , 2300'. MSA: 000°-090°—3800'; 090°-180°—2900'; 180°-270°—2600'; 270°-360°—3800'. N ote: ASR. #RVR 24, Runway 36L. Da y and N ight Minimums AB C D Cond. MDA VISHAT MDA VIS HAT MDA VIS HAT MDAVIS HAT S-17L...... : ____ ...... 1680 1 395 1680 1 395 1680 1 395 1680 1 395 S-17R-...... ______1680 1 400 1680 I 400 1680 1 400 1680 1 400 • M D A VIS HAAMDAVIS HAAMDAVIS HAA MDAVIS HAA c—- ______1740 1 446 1760 1 466 1760 •m 466 1860 2 566 A ...... ______Standard. T 2-eng. or less—Standard.# T over 2-eng.-—Standard.# City, Oklahoma City; State, Okla.; Airport name, Will Rogers World; Elev., 1294'; Facility. TWO; Procedure No. N D B (A D F ) Runway 17L/R, Arndt. 12; Eft. date, 15 May 69; Sup. Arndt. No. 11; Dated, 13 May 67 Terminal routes Missed approach Minimum M A P: Runway 35L, 3.8 miles and Runway From— T o - Via altitudes 35R, 3.8 miles after passing O K LOM. (feet) OKC V O R T A C ______...... O K LOM...... 2600 Climb to 3000' on bearing 351° from O K Cashion Tnt ______TWO NDB___ 3000 LOM within 15 miles; or. turn left climb TWO N D B ...... O K LOM...... Direct...... 2600 ing to 2500' direct OKC V O R T A C . Supplementary charting information: Run way 35L, T D Z elevation, 1275'. Runway 35R, T D Z elevation, 1292'. Procedure turn E side of crs, 171° Outbnd, 351° Inbnd, 2600' within 10 miles of O K LOM. FAF , O K LOM. Final approach crs Runway 35L, 351"; Runway 35R, 004°. Distance F A F to M A P Runway 35L, 3.8 miles; Runway 35R, 3.8 miles. Minimum altitude over O K LOM, 2400'. MSA: 045°-135°—2900'; 135°-315°—2600'; 315°-045°—3800'. N ote: ASR. #RVR 24', Runway 35L. Day and N ight Minimums Cond. ------' ------I______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-35L...... 1660 R V R 40 385 1660 R V R 40 385 1660 RVR 40 385 1660 R V R 50 385 S-35R...... — 1680 1 388 1680 1 388 1680 1 388 1680 1 388 MDA VIS HAA MDA VIS HAA MDA VIS HA A MDA VIS HA A c ...... 1740 1 446 1760 1 466 1760 1 ^ 466 1860 2 566 A ...... _...... Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.# City, Oklahoma City; State, Okla.; Airport name, Will Rogers World; Elev., 1294'; Facility, OK; Procedure No. N D B (A D F ) Runway 35L/R, Arndt. 16; Efl. date, 15 May 69: Sup. Arndt. No. 15; Dated, 13 May 67 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6918 RULES AND REGULATIONS S t a n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e —T y p e ILS— Continued Term inal routes Missed approach Minimum From — T o — V ia altitudes M AP: 3.3 miles aftér passing SP LOM. (feet) RPR V G R T A C SP LOM...... Direct...... ______3000 Climb to 2700' on bearing 329° from SP LOM within 20 miles; or, turn right, climb to 2700' on SPS V O R T A C R 037° to Temple Int. Supplementary charting information: De pict M A P at MM location. Runway 33L, T D Z elevation, 1000'. Procedure turnl !E side of crs, 149° Outbnd.3290 Inbnd, 2600' within 10 miles of SP LOM. FAF, SP LOM.I. Final approach crs, 329°. Distance F A F to M AP, 3.3 miles. Minimum altitude over SP LOM, 2100'. MSA: 000°-270°—3100'; 270°-360°—3200'. N ote: Radar vectoring. #R V R 24, Runway 33L. , „ A . . »Circling not authorized W of Runway 15R-33L defined by centerlines extended. Day and N ight M inimums A B C D COnd' M D Ä ! VIS TTAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-33L...... -...... 1440 R V R 40 440 1440 R V R 40 440 1440 R V R 40 440 1440 R V R 50 440 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c *...... 1440 1 425 1480 1 * 465 1480 V/2 465 1580 2 565 A ...... „ Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.# C itv Wichita Falls* State Tex.; Airport name, Sheppard AFB/Wichita Falls Air Terminal; Elev., 1015'; Facility, SP; Procedure No. N D B (A D F ) Runway 33L, Arndt. 5; . Efl. date, 15 May 69; Sup. Amdt. No. 4; Dated, 3 June 67 14. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument Approach P rocedure—T ype N D B (A D F ) Bearings headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A, and R A . Ceilings are in feet above airport elevation. Distances aré in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, nniflfis an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes M AP: 4.3 miles after passing Burlington (feet) N D B . CVGVORTAC-. Burlington N D B ...... Direct...... - 2400 Climb to 2100', right turn direct to Florence Burlington N D B ______Direct------2700 LOM/NDB and hold. Madeira N D B ____ Supplementary Charting Information: Mount Healthy Int Burlington N D B ...... D ire c t------2400 Warsaw Int ______Burlington N D B ...... s...... D ire c t...... 2400 Hold S, 1 minute, right turns, 360° Inbnd. Bath In t...... Burlington N D B ..______Direct------2500 T D Z elevation 871'. Manchester Int____ Burlington NDB (NOPT)...... Direct...... 2200 Procedure turn S side of crs, 270° Outbnd, 090° Inbnd, 2400' within 10 miles of Burlington N D B . F A F , Burlington N D B . Final approach crs, 090°. Distance F A F to M AP, 4.3 miles. Minimum altitude over Burlington N D B , 2200'. . MSA: 000°-090°—2800'; 090°-180 —2300'; 180°-270°—2300'; 270°-360°—2300'. N ote: ASR. ' , _ * # R V R 18' authorized Runways 18 and 36 for Categories A, B, and C. # R V R 20' authorized Runways 18 and 36 for Category D. Day and N ight Minimums A B C ____ P ______Cond' MDA V IS TTAT MDA VIS HAT MDA VIS SAT MDA VIS HAT g_9H...... 1300 1 429 1300 1 429 1300 1 429 1300 1 429 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C ...... 1300 1 410 1340 1 450 1340 M 450 1560 2 670 X ...... Standard; T 2-eng. or less—Standard.# T over 2-eng.—Standard.# City Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Facility, U R N ; Procedure No. N D B (A D F ) Runway 9R, Amdt. 2; Eff. date, 15 May 69; Sup. Amdt. No. 1; Dated, 13 Mar. 69 FEDERAI REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6919 Standard I n strum ent A pproach P rocedure—T ype NDB (A D F )— Continued Terminal routes Missed approach Minimum M AP: 3.9 miles after pasing Addyston From— T o— Via altitudes LOM. (feet) Mount Healthy Int. AddystonLOM ______Direct. 2200 Climb to 2000' on bearing 180° from SI Union Int______Addyston LOM ______Direct. 2300 LOM to Union Int and hold. CVG VORTAC.... Addyston LOM ______Direct. 2300 Supplementary charting information: Hold Madeira N D B ______AddystonLOM ...... Direct. 2700 S, 1 minute, right turns, 360° Inbnd. New Baltimore Int.. Addyston LOM (N O P T )...... Direct. 2000 T D Z elevation, 873'. Procedure turn W side of crs, 360° Outbnd, 180° Inbnd, 2000' within 10 miles of Addyston LOM. FAF, Addyston LOM. Final approach crs, 180°. Distance F A F to M AP, 3.9 miles. Minimum altitude over Addyston LOM, 2000'. MSA: 000°-090°—2800'; 090°-180°—2800'; 180°-270°—2300'; 2708-360°—2300'. N ote: ASR. #RVR 18' authorized Runways 18 and 36 for Categories A , B, and C. #RVR 20' authorized Runways 18 and 36 for Category D. Day and N ight Minimums „ , A B C ~ D Cond. ------MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-18...... 1360 R V R 40 487 1360 R V R 40 487 1360 R V R 40 487 1360 R V R 50 487 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HA A C— ...... — 1360 1 470 1360 1 470 1360 VA __ 470 1560 2 70 A...... Standard. T 2-eng. or less— Standard.# T over 2-eng.—Standard.# City, Covington; State, K y.; Airport name, Greater Cincinnati; Elev., 890'; Facility, SI LOM; Procedure No. N D B (A D F ) Runway 18, Arndt. 7; Eff. date 15Mav69- Sud Arndt. No. 6; Dated, 13 Mar. 69 ’ Terminal routes Missed approach Minimum M A P: 3.8 miles after passing Florence From— To— Via altitudes LOM. (feet) CVG VORTAC... Florence LO M ______Direct______2000 Climb to 2000' direct to Addyston LOM New Baltimore Int. Florence LO M ______;______Direct______...... ______I 2300 and hold. Madeira N D B ____ Florence LO M ______i ______Direct______2700 Supplementary charting information: Hold • Warsaw In t...... Union Int...... AB B R 074° and 180° bearing" 2400 N , 1 minute, right turns, 180° Inbnd. CV LOM. T D Z elevation, 850'. Falmouth VO R ___ Union Int------^______F L M R 314° and 180° bearing 2400 CV LOM. Union Int______Florence LOM (N O P T )...... Direct...... 2000 Procedure turn E side of crs, 180° Outbnd, 360° Inbnd, 2000' within 10 miles of Florence LOM. FAF, Florence LOM. Final approach crs, 360°. Distance F A F to M AP, 3.8 miles. Minimum altitude over Florence LOM, 2000'. MSA: 000°-090°—2800'; 090°-180°—2300'; 180°-270°—2300'; 270°-3608—2300'. N ote: ASR. #RVR 18' authorized Runways 18 and 36 for Categories A, B, and C. #RVR 20' authorized Runways 18 and 36 for Category D. D ay and N ight Minimums A B C D C o n d . ------MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-36...... — ...... 1320 R V R 40 470 1320 R V R 40 470 1320 R V R 40 470 1320 R V R 50 470 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 0 ...... 1320 1 430 1340 1 450 1340 VA 450 1560 2 670 ...... Standard. T 2-eng. or less—Standard J T over 2-eng.—Standard.# City, Covington; State, K y.; Airport name, Greater Cincinnati; Elev., 890'; Facility, C V LOM; Procedure No. N D B (A D F ) Runway 36, Arndt. 21; Eff date 15 Mav 69: Sup. Amdt. No. 20; Dated, 13 Mar. 69 ’ ' FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 No. 79-----3 6920 RULES AND REGULATIONS 15. By amending § 97.29 of Subpart C to establish instrument landing system (ILS) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds oi feet R V R . ... „ , . - If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. ' Terminal routes Missed approach Minimum M AP: ILS DH, 1475'; LOC 3.8 miles after From— To— Via altitudes passing O K LOM. (feet) OKC V O R T A C O K L O M ...... : ...... _...... Direct. 2600 Climb to 3000' on LOC crs 351° within 20 TWO N D B ...... Direct.. 3000 miles; or, turn left climbing to 2500' Cashion In t...i. 2600 direct OKC V O R T A C . TW O N D B ___ a. O K LO M ...... „ Direct. OK LOM (NOPT)...... - ...... Direct. 2400 Supplementary charting information: Run Newcastle Int._. way 35L, T D Z elevation, 1275'. Procedure turn E side of crs, 171° Outbnd, 351° Inbnd, 2600' within 10 miles of O K LOM. F A F , O K LOM. Final approach crs, 3516. Distance F A F to M AP, 3.8 miles. M in im u m glide slope interception altitude, 2400'. Glide slope altitude at OM, 2337'; at MM, 1466 . Distance to runway threshold at OM, 3.8 miles; at MM, 0.6 mile. MSA: 045°-135°—2900'; 135°-315°—2600'; 315°-045°—3800'. N ote: ASR. #R V R 24', Runway 35L; Day and N ight Minimums A B C D Cond. HAT DH VIS HAT DH VIS HAT DH VIS HATDH VIS 1475 R V R 24 200 1475 R V R 24 200 S-35L...... 1475 R V R 24 200 1475 R V R 24 200 MDA V IS . HATMDA VIS HAT LOC: MDA VIS HAT MDA VIS HAT R V R 24 305 1580 R V R 40 305 S-35L...... 1580 R V R 24 305 1580 R V R 24 305 1580 HAA MDA VIS HAA MDA VIS HAA MDA VIS ■* H A A MDA VIS 1 466 1760 466 1860 2 566 C...... 1740 1 446 1760 iH T over 2-eng.—Standard.# A ...... Standard. T 2-eng. or less—Standard.# Citv Oklahoma City; State, Okla.; Airport name, Will Rogers World; Elev., 1294'; Facility I-OKC;^Procedure No. ILS Runway 35L, Arndt. 14; Eff. date, 15 May 69; Sup. J 9 . Arndt. No. 13; Dated, 13 May 67 Terminal routes Missed approach Minimum M AP: IL S DH, 1200'; LOC 3.9 miles after passing SP LOM. From— To— Via altitudes (féet) ...... SP LO M ...... __...... Direct...... — 3000 Climb to 2700' on LOC crs 329° within SPS VORT AC...... — — ...... 20 ¿Liles; or, turn right, climb to 2700' on SPS VORTAC R 037° to Temple Int. 2500 Supplementary charting information: run SPS VORTAC, R 252° CCW...... SPS LOC (FC)...______...... SPS 13-mile DME Arc/SPS, R 137° lead radial. way 33L, T D Z elevation, 1000'. 2100 Arrowhead In t------...... ------...... SP LOM (NOPT)...... Direct______ Procedure turn E side of crs, 14«“ uutDna, dzy- inpna, zow wnmu iu umesui o r " Y S ; ; Minimum glide slope interception altitude, 2100'. Glide slope altitude at OM, 2067'; at MM, 1187 . Distance to runway threshold at OM, 3.9 miles; at MM, 0.6 mile. MSA: 000°-270°—3100'; 270°-360°—3200'. N ote: Radar vectoring. #R V R 24', runway 33L. , . . •Circling not authorized W of Runways 15R-33L defined by centerlines extended. Day and N ight Minimums A B C D Cond. DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT 1200 R V R 24 200 1200 R V R 24 200 S-33L...... 1200 R V R 24 200 1200 R V R 24 200 HAT MDA VIS .HAT MDA VIS HAT LOC: MDA VIS HAT MDA VIS 1300 R V R 24 300 1300 R V R 40 300 S-33L___ •_...... 1300 R V R 24 300 1300 R V R 24 300 VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA 565 465 1480 465 1580 2 C*...... - 1380 1 365 1480 1 1M T over 2-eng.-—Standard.# A ...... Standard. T 2-eng. or less—Standard.# ------“* r yVienna r aus ait a erumuu, v 15 May 69; Sup. Arndt. No. 6; Dated, 3 June 67 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6921 16. By amending § 97.29 of Subpart C to amend instrument landing system (ILS ) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype ILS Bearings, headings, courees and radialsare magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A, and R A . Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute m ite or hundreds of feet R V R ^ Han instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure ai?twhDoapSf0KM1iii5 Terminal routes Missed approach Minimum M A P : D H 1123'; LO C 3.9 miles after From— T o - Via altitudes passing Addyston LOM. (feet) Mount Healthy In t______...... 2200 Climb to 2000' on S crs of IL S to Union Int Union In t. ______and hold. CVG V O R T A G ...... Supplementary charting information: Hold Madeira N D B . .______...... 2700 S, 1 minute, right turns, 360° Inbnd. T D Z New Baltimore Int...... 2000 elevation, 873. Procedure turn W side of crs, 360° Outnbd, 180° Inbnd, 2000' within 10 miles of Addyston LOM. F A F , Addyston LOM. Final approach crs, 180°. Distance F A F to M AP, 3.9 miles. Minimum glide slope interception altitude, 2000'. Glide slope altitude at OM, 1956': at MM, 1065'. Distance to runway threshold at OM, 3.9 miles; at MM, 0.5 mile. MSA: 000°-090°—2800'; 090°-180°—2800'; 18(P-270°—2300'; 270°-360°—2300'. N ote: ASR. # Category D. 700-2. * O p e rative components table does not apply to A L ’s tor Categories A , B, and C aircraft. One-mile visiblity required when A L ’s inoperative $ R V R 18' authorized runway 18 and 36 for Categories A , B, and C. ^ $ R V R 20' authorized runway 18 and 36 for Category D. Day and N ight Minimums Cad. - A B C P DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT 6-18...... 1073 R V R 18 200 1073 R V R 18 200 1073 R V R 18 200 1073 R V R 20 200 L0C: MDA VIS HAT MDA VIS HAT MDA VIS HAT . MDA VIS HAT S-18*— ...... 1200 R V R 40 327 1200 R V R 40 327 1200 R V R 40 327 1200 R V R 40 327 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HA A C...... -...... 1300 1 « 0 1340 1 450 1340 1}4 450 1560 2 670 A ...... Standard.# T 2-eng or less—Standard.} T over 2-eng.—Standard.} City, Covington; State, K y.; Airport name, Greater Cincinnati; Elev., 890'; Facility, I-SIC ; Procedure No. IL S Runway 18, Arndt. 7; Efl. date, 16 May 69- Sup Arndt No 6- Dated, 13 Mar. 69 • . «, Terminal routes Missed approach From- Minimum M A P: D H 1050'; LO C 3.8 miles after T o— Via altitudes passing Florence LOM. (feet) CVG V O R T A C ...... Florence LO M . Direct______2000 Climb to 2000' direct Addyston LOM and New Baltimore Int...... _...... Florence LO M . Direct______2300 hold. Madeira ND B ...... Florence LOM™ Direct______. Warsaw Int ...... Union Int-____ 2700 Supplementary charting Information: Hold A B B R 074° and S crs CVG 2400 N , 1 minute, right turns, 180° Inbnd. • LOC. T D Z elevation, 8501. Falmouth V O R ...... Union Int...... FLM , R 314 and S crs CVG 2400 LOC. Union Int ...... Florence LOM (N O P T ). Direct______2000 turniu si2e£ f crs>180 0utbnd, 360° Inbnd, 2000' within 10 miles of Florence LOM. i A F, Florence LOM. Final approach crs, 360°. Distance F A F to M AP, 3.8 miles. Minimum glide slope interception altitude, 2000'. Glide slope altitude at OM, 1913'; at MM 1031' Distance to runway threshold at OM, 3.8 miles; at MM, 0.5 mile MSA: 000o-090°—2800'; 090°-180°—2300'; 180o-270°—2300'; 270o-360o—2300'. N otes: (1) ASR . (2) Glide slope unusable below 1050'. * Category D, 700-2. Î 5 X 5 18! authorized Runways 18 and 36 for Categories A , B, and C. v R V R 20 authorized Runways 18 and 36 for Category D. Day and N ight Minimums A B Cond. C D DH VIS HAT - DH VISHAT DH VIS HAT DH VIS HAT 8-36 . R V R 18 200 1050 R V R 18 200 1050 R V R 18 200 1050 R V R 20 200 LOC: MDA VIS HAT MDA VIS HAT MDA VISHAT MDA VIS HAT 8-36... R V R 24 370 1220 R V R 24 370 1220 R V R 24 370 1220 R V R 40 370 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C-... 1 450 1340 m 450 1660 2 670 A... , Ü«, , less bland T over 2-eng.--Standard.# City, Covington; State, Ky.; Airportname, Greater Cincinnati; Elev., 890'; Facility, I-C V G ; Procedure No. IL S Runway 36, Arndt. 23; Efl. date, 15 May 69; Sup. Arndt N o 22- Dated, 13 Mar. 69 ’ FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6922 RULES AND REGULATIONS 17. By amending § 97.31 of Subpart C to establish precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A, and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author ized landing minimums, the instructions of the radar controller are mandatory except when (A ) visual contact is established on final approach at or before descent to the author ized landing minimums, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D ) if landing is not accomplished. Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) From— T o — Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude As established by OKC ASR-minimum altitude vectoring chart. S W . 11F A F ^ L ^ f r o m threshold. Runway 35 L.T D Z elevation, 1275'. 2. Runway 35R F A F —5 miles from threshold. Runway 35R, T D Z elevation, 1292'. 3. Runway 17L F A F —5 miles from threshold. Runway 17L, T D Z elevation, 1285'. 4. Runway 17R F A F —5 miles from threshold. Runway 17R, T D Z elevation, 1280'. Missed approach: , , _ Runways 35L and 35R—‘Turn left, climb to 2500' direct OKC V O R T A C . Runways 17L and 17R—Climb to 2600' direct O K LOM and track on crs 171° from LOM within 15 miles or turn right, climb to 2500 direct OKC V O R T A C . # R V R 24', Runway 35L. lT u Day and N ight Minimums A B C ' D Cond. HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS 405 1680 R V R 50 405 S-35L...... 1680 R V R 24 405 1680 R V R 24 405 1680 R V R 24 388 1680 1 * 388 S-35R...... 1680 X 388 1680 X 388 1680 X 395 1680 1 395 S-17L...... 1680 X 395 1680 X 395 1680 X 400 1680 1 400 S-17R...... 1680 X 400 1680 X 400 1680 X HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS 566 c ...... 1740 i 446 1760 1 466 1760 IX 466 1860 2 A ...... Standard. T 2-eng. or less—Standard.# T over 2-eng.-—Standard.# City Oklahoma City; State, Okla.; Airport name, Wifi Rogers World; Elev., 1294'; Facility, OKC A SR ; Procedure No. ASR-1, Arndt. 7; Eff. date, 15 May 69; Sup/Amdt.No. Radar 1, Amdt. 6; Dated, 13 May 67 FEDERAL REGISTER, VOL* 34« NO. 79— FRIDAY, APRIL 25« T969 RULES AND REGULATIONS 6923 18. By amending § 97.31 of Subpart C to amend precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrum ent A pproach P rocedure—»Type R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except H A T , H A A , and R A . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet R V R . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author ized landing minimums, the instructions of the radar controller are mandatory except when (A ) visual contact is established on final approach at or before descent to the author ized landing minimums, or (B)Tat Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A ) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished. Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude 350° 030° 40 24p0 Descend aircraft after passing F A F . 030° 215° 40 2500 1. Runway 36—F A F 5 miles from threshold. TD Z 215° 250° 40 2400 elevation, 850'. 250° 350° 40 2600 2. Runway 18—F A F 5 miles from threshold. T D Z 000° 360° 60 3000 elevation, 873'. 000° 360° 10 2000 3. Runway 9R—F A F 5 miles from threshold. TD Z and including the area 4 miles E and 7 ir elevation, 871'. miles W and 7 miles E of Runways 18-36 centerline extended 16 miles to the S. Minimum altitude, 2000'. 4. Runway 27L—F A F 5 miles from threshold. Minimum altitude over 2.2-mile fix, 1520'. T D Z elevation, 875' Radar will provide 1000' vertical clearance within 3-mile radius of towers 1746' and 1749', 7 to 9 miles E N E ; 1550', 24 miles N E ; 1260'. 2.5 miles: 1130' 9 miles E- 1120' 12 miles NW; water tank 1083', 4 miles S8E. . ’ ’ ’ Missed approach: Runways 9R, 18, and 27L: Climb to 2000' and proceed S to Union Int. Hold S, 1 minute, right turns, 360° Inbnd. Runway 36: Climb to 2000' direct Âddyston LOM. Hold N , 1 minute, right turns, 180° Inbnd. •Inoperative components table does not apply to A L 's for Categories A, B, and C aircraft. One-mile visibility required when A L ’s inoperative. #RVR 18' authorized Runways 18 and 36 for Categories A, B, and C. #RVR 20' authorized Runways 18 and 36 for Category D. Day and N ight Minimums AB C D Cond. MDAVISHAT MDA . VIS HAT MDAVIS HAT MDA VIS HAT S-36— ...... 1260 R V R 24 410 1260 R V R 24 410 1260 R V R 24 410 1260 R V R 50 410 S—is * ...... 1300 R V R 40 427 1300 R V R 40 427 1300 * R V R 40 427 1300 R V R 50 427 S -9 R ___ ...... 1300 M 429 1300 Y\ 429 1300 % 429 1300 1 429 S-27L ...... 1260 V*. 385 1260 Va. 385 1260 H 385 1260 1 385 MDAVISHAA MDAVIS HAA MDAVIS HAA MDA VIS HAA C...... 1300 1 410 1340 1 450 1340 m 450 1660 2 670 A...... T 2-eng. or less—Standard.# T over 2-eng.-—Standard.# City, Covington; State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Facility, Cincinnati A SR ; Procedure No. Radar-1, Amdt. 11; Eff date 15 Mav 69- s »n Amrit- No. 10; Dated, 13 Mar. 69 ’ ’ ’ y ’ Dup These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C.; on April 8, 1969. J a m e s F. R u d o l p h , Director, Flight Standards Service. [F.R. Doc. 69-4357; Filed, Apr. 24, 1969; 8:45 a.m.] Accordingly, by virtue of the authority cluding any independent cities, towns, po Title 19— CUSTOMS DUTIES vested in the President by section 1 of the litical subdivisions or unincorporated areas, Chapter I— Bureau of Customs, Act of August 1, 1914, 38 Stat. 623 (19 lying within the said boundaries. Department of the Treasury U.S.C. 2), which was delegated to the To reflect this change, § 1.2(c) of the [T.D. 69-108] Secretary of the Treasury by the Presi Customs Regulations is amended by in PART 1— GENERAL PROVISIONS dent in Executive Order No. 10289, serting in the column headed “Ports of September 17, 1951 (3 CFR, Ch. I I ) , and Entry” in the Houston, Texas, customs Ports of Entry; Tulsa, Okla. pursuant to authorization provided by district (Region VI), in proper alpha A p r il 17, 1969. Treasury Department Order No. 190, betical order “ Tulsa, Oklahoma (T.D. Notice that it was proposed to desig Rev. 6 (34 F.R. 6298), Tulsa, Okla., is 69-108).” nate Tulsa, Okla., as a port of entry in hereby designated a port of entry in the (80 Stat. 379, sec. 1, 37 Stat. 434, sec. 1, 38 the customs district of Houston, Tex. Houston, Tex., customs district (Region Stat. 623, as amended, R.S. 251, sec. 624, 46 (Region V I), was published in the F ed V I), effective as of May 15, 1969. Stat. 759; 5 U.S.C. 301, 19 U.S.C 1, 2, 66, 1624) eral R eg ister on February .18, 1969 (34 The area of the port of Tulsa, Okla., is RR. 2311). The proposal was based upon [ s e a l ] E u g e n e T . R o ssid e s, described as follows: a need to provide better customs service Assistant Secretary of the Treasury. in the Houston, Tex., customs district. No All of the area lying within the outer [F.R. Doc. 69-4968; Filed, Apr. 24, 1969; objections to the proposal were received. boundaries of the city of Tulsa, Okla., in 8:47 a.m.] FEDERAL REGISTER, VOL. 34, NO* 79— FRIDAY, APRIL 25, 1969 6924 RULES AND REGULATIONS erly edge of which channel passes 25 period specified in § 4.4 for completion Title 33— NAVIGATION AND feet south of the Navy Annex piers on and transmittal of the appeal file has the north side of the Bight. While legiti been increased from 30 to 35 days. This mate access of privately owned vessels change was made to afford a longer NAVIGABLE WATERS to facilities of Key West Bight is unim period for consultation between the con Chapter II— Corps of Engineers, peded, it is prohibited from mooring, tracting officer and the Department Department of the Army anchoring, or fishing within 50 feet of counsel who is designated after the notice any UB. Navy owned pier or craft. of appeal is forwarded by the contracting PART 207— NAVIGATION (2) Stopping or landing by other than officer. REGULATIONS government owned vessels and certain 2. A specific reference to the fact that specifically authorized private craft in inspection of an appeal file by the ap Key West Harbor, Fla. any of the restricted areas described pellant may take place at a Depart Pursuant to the provisions of section 7 in paragraph (a) of this section is mental office other than the Board’s of the River and Harbor Act of Au prohibited. office or that of the contracting officer, gust 8, 1917 (40 Stat. 266; 33 U.S.C. 1), (3) Vessels using the restricted chan has been added to § 4.4. This is to en § 207.173a establishing and governing the nel areas described in subparagraph ( 1) courage continuation of the present use of a restricted area in Key West Har (i) and (ii) of this paragraph shall pro practice under which appeal files are sent bor, Fla., is hereby amended in its en ceed at speeds commensurate with mini for inspection to suitable Department tirety, effective 30 days after publication mum wake. of the Interior offices convenient to a in the F ederal R eg ister as follows; (4) -The regulations in this section contractor’s headquarters, or to his shall be enforced by the Commander, attorney’s office. § 207.173a Key West Harbor, at U.S. 3. A statement has been added to § 4.6 Naval Base, Key West, Fla.; naval re U.S. Naval Base, Key West, Fla., and such agencies as he may designate. that letter size paper should be used for stricted area. the documents filed with the Board. This (a) The areas. (1) All waters within [Regs., Apr. 7, 1969, ENGCW-ON] (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) was suggested by the private bar. Most 100 yards of the U.S. Naval Station-be of the Department counsel have been ginning at a point 100 yards due south of For the Adjutant General. filing their documents on letter size paper the south end of Whitehead Street at H arold S h a r o n , for some time. latitude 24°32'42.3" N., longitude 81°47'- Chief, Legislative and Precedent 4. Due to objections received from pri 51" W., and extending westerly and Branch, Management Divi vate practitioners and from Government northerly around the U.S. Naval Station sion, TAGO. lawyers, the requirement of § 4.16 for to latitude 24°33'33" N., longitude 81°- certification or registration of mail has 48'32.7" W.; and thence to the shore at [F.R. Doc. 69-4948; Filed, Apr. 24, 1969; been removed. The Board will retain its 8:45 a.m.] latitude 24°33'32" N., longitude 81°48'- present practice of determining the date 29.5" W., the north end of the U.S. Coast of service of a paper by looking to the Guard Base. date it was deposited in the mails. (2) All waters within 100 yards of the Title 43— PUBLIC LANDS; Specific authority for the use of certifi U.S. Naval Station Annex and the U.S. cates of mailing by attorneys has been Naval Air Station Annex beginning at added. the shore at latitude 24°33'47.6" N., INTERIOR 5. The substance of the Department of longitude 81°47'55.6" W.; thence west Subtitle A— Office of the Secretary Agriculture’s Board of Contract Appeals erly to latitude 24°33'48" N., longitude of the Interior rule concerning sanctions for failure of 81°48'00.9" W.; thence southerly to lati a party to produce documents or other tude 24°33'45.8" N., longitude 81°48'01" PART 4— BOARD OF CONTRACT material in accordance with a Board re W.; thence westerly to latitude 24°33'47" APPEALS quest, or to make available an officer, N., longitude 81°48'12" W.; thence director, official, or employee for oral On page 5173 of the F ederal R eg ister northerly to latitude 24°34'06.3" N., examination or to answer written inter of March 13, 1969 (34 F.R. 5173), there rogatories, has been added to the new longitude 81°48'10" W.; and thence to was published, pursuant to the authority latitude 24°33'57.6" N., longitude 81°- Interior rules (§4.31). This was at the vested in the Secretary in 5 U.S.C. 22, suggestion of an attorney in private 47'20" W., 100 yards offshore of beacon a notice of proposed rule making under No. 18. practice. which the existing rules of the Interior Other revisions of an editorial or clar (3) All waters within 100 yards of Board of Contract Appeals would be Flem ing'Key and within 100 yards of ifying nature have been made. The reg revoked in their entirety, and new reg ulations are hereby adopted as set forth the fence across Fleming Key Cove. ulations relating to the authority of said below. (b) The regulations. (1) Entering or Board, and its procedural rules, mem crossing any of the restricted areas de bership and decision making would be Effective date. The new regulations scribed in paragraph (a) of this section substituted. A 15-day period was allowed shall be effective as provided in § 4.34, is prohibited except as follows: Privately for the submission by interested persons set forth below, owned vessels properly registered and of comments, suggestions, or objections W alter J. H ic k e l , bearing identification in accordance with relating to the new regulations. Secretary of the Interior. Federal and/or State laws and regula Many suggestions and recommenda tions, and at night showing lights re tions have been received. They have come A p r il 21, 1969. quired by Federal laws and U.S. Coast from attorneys in private practice and Sec. Guard regulations or, if no constant from attorneys who represent the Gov 4.0 Authority; guidelines; membership; de lights are required, then a bright white ernment. Most of the suggestions have cisions. light showing all around the horizon, merit, but if they were all to be adopted, R ules may transit the following portion of the one of the primary purposes of the adop PRELIM INARY PROCEDURES restricted areas: tion of new rules—bringing the Interior 4.1 Appeals, how taken. (i) The channel about 75 yards in Board’s procedures into essential uni 4.2 Contents of notice of appeal. width extending from the northwest formity with those of the other major 4.3 Forwarding of appeals. comer of the U.S. Naval Station Annex boards—would not be realized. However, 4.4 Duties of the contracting officer— eastward beneath the Fleming Key some of the suggestions have been appeal file. bridge along the north shore of the U.S. adopted. The principal revisions in the 4.5 Dismissal for lack of jurisdiction. 4.6 Pleadings. Naval Station Annex and the U.S. Naval rules as previously published are; 4.7 Amendments of pleadings or record. Air Station Annex. 1. The time allowed in § 4.3 for the4.8 Hearing— election, (ii) A channel 150 feet in width which transmittal of a notice of appeal by the 4.9 Prehearing briefs. will extend easterly from the main ship contracting officer to the Board has been 4.10 Prehearing or presubmission confer channel into Key West Bight, the north reduced from 10 days to 5 days. The ence. FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6925 Sec. Where it has authority to extend time officer or otherwise), the contractor will 4.11 Submission without a hearing. limitations, the Board may extend them be promptly advised of its receipt and 4.12 Accelerated procedure. in appropriate circumstances, on good docketing, and furnished a copy of the 4.13 Settling of the record. cause shown. Whenever reference is rules in this part. In the event the Board 4.14 Depositions. 4.15 Interrogatories to parties; inspection made to contractor, appellant, contract receives a notice of appeal which was of documents; admission of facts. ing officer, respondent and parties, this not filed with the contracting officer, a 4.16 Service of papers. shall include respective counsel for the copy shall be promptly transmitted to parties as soon as appropriate notices of the latter by the Board. HEARINGS appearance have been filed with the 4.17 Where and when held. § 4.4 Duties of the contracting officer— Board. appeal file. 4.18 Notice of hearings. (d) The Board of Contract Appeals 419 Unexcused absence of a party. Following receipt of a notice of ap 4.20 Nature of hearings. (hereinafter referred to as the Board) consists of regular members named by peal, or advice that an appeal has been 4.21 Examination of witnesses. filed, the contracting officer shall 4.22 Copies of papers. the Secretary of the Interior (one of 4.23 Posthearing briefs. those members is designated as Chair promptly, and in any event within 35 4.24 Transcript of proceedings. man by the Secretary), and alternate days, compile and transmit to the Board 4.25 Withdrawal of exhibits. members who may be named by the Sec the appeal file (copies of all documents 4.26 Practice before Board. retary to serve, when necessary, in place pertinent to the appeal). A duplicate 4.27 Representation of the Government. of or in addition to regular members. appeal file shall be forwarded to the De 4.28 Decisions. partment counsel. The appeal file shall 4.29 Motions for reconsideration. (e) The Chairman of the Board may include the following: 4.30 Dismissal without prejudice. direct that an appeal may be decided by 4.31 Sanctions. a panel of any two members of the Board, (a) The findings of fact and the deci 4.32 Remands from courts. but if they are unable to agree upon a sion from which the appeal is taken, and 4.33 Standards of conduct. decision, the Chairman may assign cffie the letter or letters or other documents 4.34 Effective date and applicability. or more additional members to consider of claim in response to which the deci Appendix I— Notice of Appeal the appeal. When an appeal is considered sion was issued; Au t h o r it y: The provisions of this Part 4 by three or more members of the Board, (b) The contract, and pertinent plans, issued under 5 U.S.C. 22. the concurrence of a majority shall be specifications, amendments, and change sufficient for a decision. orders; §4.0 Authority; guidelines; member (c) Correspondence between the R u l e s ship ; decisions. parties and other data pertinent to the (a) The Board of Contract Appeals is PRELIMINARY PROCEDURES appeal; the authorized representative of the Sec § 4.1 Appeals, how taken. (d) Transcripts of any testimony retary for the purpose of hearing, con taken during the course of proceedings, Notice of an appeal must be in writing sidering and determining, as fully and and affidavits, or statements of any wit (a suggested form of notice appears finally as might the Secretary : nesses on the matter in dispute made herein following § 4.34). The original, to (1) Appeals by contractors from de prior to the filing of the notice of appeal cisions of contracting officers of any bu gether with two copies, may be filed with with the Board; reau or office of the Department of the the contracting officer from whose deci sion the appeal is taken. The notice of (e) Such additional information as Interior, on their authorized representa may be considered material. tives or other authorities, on disputed appeal must be mailed or otherwise filed questions, taken pursuant to the pro within the time specified therefor in the At the time of transmittal of the appeal vision of contracts requiring the deter contract. file to the Board, the contracting officer mination of such appeals by the head of § 4.2 Contents of notice of appeal. shall notify the appellant, provide him with a listing of its contents, and afford the agency or his duly authorized repre A notice of appeal should indicate that sentative or board. The Board’s author him an opportunity to examine the same an appeal is thereby intended, and should at the office of the contracting officer, ity, however, does not include the Secre identify the contract (by number), the tary’s special power granted by 16 U.S.C. at the office of the Board, or at a suitable Department’s bureau or office cognizant section 832a(f) (1964) to modify, ad alternative departmental office, for the of the dispute, and the decision from just, or cancel contracts, or to compro purpose of satisfying himself as to the which the appeal is taken. The notice of mise or finally settle claims arising there contents, and furnishing or suggesting appeal should be signed personally by under, upon such terms and conditions any additional documentation deemed the appellant (the contractor making and in such manner as the Secretary (or pertinent to the appeal. With his trans the appeal), or by an authorized officer mittal to the Board, the contracting o f his delegatee, the Bonneville Power Ad of the appellant corporation or member ministrator) may deem necessary. ficer shall certify that the appellant has of the appellant firm, or by the contrac been provided with the above-described (b) When an appeal is taken pursuant tor’s duly authorized representative or listing. to a disputes clause in a contract which attorney. The complaint referred to in limits appeals to disputes concerning § 4.6 (Rule 6) may be filed with the notice § 4.5 Dismissal for lack of jurisdiction. questions of fact, the Board may in its of appeal, or the contractor may desig Any motion addressed to the jurisdic discretion hear, consider, and decide all nate the notice of appeal as a complaint, tion of the Board shall be promptly filed. questions of law necessary for the com if it otherwise fulfills the requirements Hearing on the motion shall be afforded plete adjudication of the issue. of a complaint. on application of either party, unless the (c) Emphasis is placed upon the § 4.3 Forwarding o f appeals. Board determines that its decision on sound administration of the rules in this the motion will be deferred pending hear Part in specific cases, because it is im When a notice of appeal in any form ing on both the merits and the motion. practicable to articulate a rule to fit has been received by the contracting of The Board shall have the right at any svery possible circumstance which may ficer, he shall endorse thereon the date time and on its own motion to raise the be encountered. The rules in this part of mailing (o r‘the date of receipt, if the issue of its jurisdiction to proceed with will be interpreted so as to secure a just notice was otherwise conveyed) and a particular case, and shall do so by an and inexpensive determination of appeals within 5 days shall forward said notice appropriate order, affording the parties without unnecessary delay. Preliminary of appeal to the Board by certified mail. an opportunity to be heard thereon. Procedures are available to encourage At the same time, he shall notify the full disclosure of relevant and material Department’s Office of the Solicitor, in § 4.6 Pleadings. facts, and to discourage unwarranted accordance with instructions of the (a) Within 30 days after receipt of surprise. All time limitations specified Solicitor, that the appeal has been re notice of docketing of the appeal, the ap for various procedural actions are com ceived in order that a Department coun pellant shall file with the Board an orig puted as máximums, and are not to be sel may be appointed. Following receipt inal and one copy of a complaint setting fully exhausted if the action described by the Board of the original notice of an forth simple, concise and direct state can be accomplished in a lesser period. appeal (whether through the contracting ments of each of his claims, alleging the FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6926 RULES AND REGULATIONS basis with appropriate reference to con lant, or within 20 days of the date upon tion (see the time limitations for election tract provisions for each claim, and the which the Board enters a general denial in § 4.8 (Rule 8) ) , the submission may dollar amount claimed. This pleading on behalf of the Government, notifica be supplemented by oral argument shall fulfill the generally recognized re tion as to whether one or both of the (transcribed if requested) and by briefs. quirements of a complaint, although no parties desire an oral hearing on the ap § 4.12 Accelerated procedure. particular form or formality is required. peal should be given to the Board. In Letter size paper should be used for the the event either party requests an oral When a very strong showing is made complaint and for all other papers filed hearing, the Board will schedule the same that there is a reason (e.g., hardship to with the Board. A copy of the complaint as hereinafter provided. In the event the contractor) for utilization of an ac will be served by the appellant upon the both parties waive an oral hearing, the celerated procedure, the Board will Department counsel, or if the latter’s Board, unless it directs an oral hearing, undertake to issue an appeal decision on identity and address are not yet known, will decide the appeal on the record be an expedited basis, without regard to the upon the Solicitor, U.S. Department of fore it, supplemented as it may permit normal position of the appeal on the the Interior, C between 18th and 19th or direct. A party failing to elect an oral docket. Under this accelerated proce Streets NW., Washington, D.C. 20240, hearing within the time limitations spec dure, the case will be further expedited service to be in accordance with § 4.16 ified in this section may be deemed to if the parties elect to waive pleadings and (Rule 16). Should the complaint not be have submitted its case on the record. elect to waive a hearing, thus submitting the matter for decision on the record. received within 30 days, appellant’s § 4.9 Prehearing briefs. claim and appeal documents may, if in In all other respects these rules will the opinion of the Board the issues before Based on an examination of the ap apply. the Board are sufficiently defined, be peal file, the pleadings, and a determina § 4.13 Settling o f the record. deemed to set forth his complaint and the tion of whether the arguments and au (a) A case submitted on the record Department counsel shall be so notified. thorities addressed to the issues are ade pursuant' to § 4.11 (Rule 11) shall be (b) Within 30 days from receipt ofquately set forth therein, the Board may in its discretion require the parties to ready for decision when the parties are said complaint, or the aforesaid notice so notified by the Board. A case which from the Board, the Department counsel submit prehearing briefs in any case in which a hearing has been elected pursu is heard shall be ready for decision upon shall prepare and file with the Board an receipt of transcript, or upon receipt of original and one copy of an answer ant to § 4.8 (Rule 8). In the absence of a Board requirement therefor, either briefs when briefs are to be submitted. thereto, setting forth simple, concise, At any time prior to the date that a and direct statements of the Govern party may in its discretion, and upon appropriate and sufficient notice to the case is ready for decision, either party, ment’s defenses to each claim asserted upon notice to the other, may supple by appellant. This pleading shall fulfill other party, furnish a prehearing brief to the Board. In any case where a pre- ment the record with documents and the generally recognized requirements of exhibits deemed relevant and material an answer, and shall set forth any affirm hearing brief is submitted, it shall be furnished so as to be received by the by the Board. The Board upon its own ative defenses or counterclaims, as ap initiative may call upon either party, propriate. One copy of the answer will Board at least 15 days prior to the date set for hearing, and a copy shall simul with appropriate notice to the other, for be served by the Department counsel evidence deemed by it to be relevant and upon the appellant in accordance with taneously be furnished to the other party as previously arranged. material. The weight to be attached to § 4.16 (Rule 16). Should the answer not any evidence of record will rest within be received within 30 days, the Board § 4.10 Prehearing or presubmission con the sound discretion of the Board. Either may, in its discretion, enter a general ference. party may at any stage of the proceeding, denial on behalf of the Government, and Whether the case is to be submitted on notice to the other party, raise objec the appellant shall be so notified. without a hearing, or heard pursuant to tion to material in the record or offered § 4.7 Amendments of pleadings or §§4.17 through 4.25 (Rules 17 through into the record, on the grounds of rele record. 25), the Board may upon its own initia vancy and materiality. (a) The Board upon its own initia tive or upon the applicaton of either (b) The Board record shall consist of tive or upon application by a party may, party, call upon the parties to appear the appeal file described in § 4.4 (Rule 4) in its discretion, order a party to make before a member or examiner of the and any additional material, pleadings, a more definite statement of the com Board for a conference to consider: prehearing briefs, record of prehearing plaint or answer, or to reply to an answer. (a) The simplification or clarification or presubmission conferences, deposi of the issues; tions, interrogatories, admissions, tran (b) The Board may, in its discretion, (b) The possibility of obtaining stip scripts of hearing, hearing exhibits, and and within the proper scope of the ap ulations, admissions, agreements on doc posthearing briefs, as may thereafter be peal, permit either party to amend his uments, understandings on matters al developed pursuant to the rules in this pleading upon conditions just to both ready of record, or similar agreements part. In deciding appeals the Board in parties. When issues within the proper which will avoid unnecessary proof; addition to considering the Board rec scope of the appeal, but not raised by (c) The limitation of the number of ord may take official notice of facts the pleadings or the appeal file described expert witnesses, or avoidance of similar within general knowledge. in § 4.4 (Rule 4) are tried by express cumulative evidence, if the case is to be or implied consent of the parties, or by (c) This record will at all times be heard; permission of the Board, they shall be available for inspection by the parties at (d) The possibility of agreement dis treated in all respects as if they had an appropriate time and place. In the posing of all or any of the issues in been raised therein. In such instances interest of convenience, prior arrange motions to amend the pleadings to con dispute; ments for inspection of the file should (e) Such other matters as may aid form to the proof may be entered, but be made with the Recorder pf the Board. are not required. I f evidence is objected in the disposition of the appeal. Copies of material in the record may, if to at a hearing on the ground that it is Any conference results that are not re practicable, be furnished to appellant at not within the issues raised by the plead flected in a transcript shall fee reduced the cost of reproduction. ings or said appeal file (which shall be to writing by the Board member or ex § 4.14 Depositions. deemed part of the pleadings for this aminer. This writing shall thereafter purpose), it may be admitted within the constitute part of the record. (a) When permitted. After an appeal proper scope of the appeal: Provided, has been docketed, the Board may, for § 4.11 Submission without a hearing. however, That the objecting party may good cause shown, order the taking of be granted a continuance if necessary to Either party may elect to waive a hear testimony of any person by deposition enable him to meet such evidence. ing and to submit his case upon the upon oral examination or written inter Board record, as settled pursuant to rogatories before any officer authorized § 4.8 Hearing— election. § 4.13 (Rule 13). Such waiver shall not to administer oaths at the place of exam Within 15 days after the Government’s affect the other party’s rights under ination, for use as evidence or for pur answer has been served upon the appel § 4.8 (Rule 8). In the event of such elec pose of discovery. The application for FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6927 order shall specify whether the purpose Board will give due regard to the desires true copy thereof or of such part thereof of the deposition is discovery or for use of the parties, and to the requirement as may be material or relevant may" be as evidence. for just and inexpensive determination substituted therefor, during the hearing (b) Orders on depositions. The time, of appeals without unnecessary delay. or at the conclusion thereof. place, and manner of taking depositions Notices of hearing shall be promptly shall be governed by orders of the Board. acknowledged by the parties. A party § 4.23 Posthearing briefs. (c) Use as evidence. No testimony failing to acknowledge a notice of hear Posthearing briefs may be submitted taken by deposition shall be considered ing shall be deemed to have consented to upon such terms as may be agreed upon as part *of the evidence in the hearing the indicated time and place of hearing. by the parties and the presiding Board of an appeal unless and until such testi § 4.19 Unexcused absence of a party. member or examiner at the conclusion mony is offered and received in evidence of the hearing. at such hearing. It will not ordinarily be The unexcused absence of a party at the time and place set for hearing will § 4.24 Transcript of proceedings. received in evidence if the deponent is not be occasion for delay. In the event present and can testify personally at the Testimony and argument at hearings of such absence, the hearing will proceed hearing. In such instance, however, the shall be reported verbatim, unless the and the case will be regarded as sub deposition may be used to contradict or Board otherwise orders. Transcripts of impeach the testimony of the witness mitted by the absent party as provided the proceedings shall be supplied to the in §4.11 (Rule 11). The Board shall given at the hearing. In cases otherwise parties at such rates as may be fixed by heard on the record, the Board may, on notify the absent party of the proceed contract between the reporter and the motion of either party and in its discre ings had and shall advise him that he Department of the Interior agency or has 5 days from the receipt of such tion, receive depositions as evidence to office which is involved in the appeal, or supplement the record. notification within which to show cause equivalent rates if the proceedings are why the appeal should not be decided reported by an employee of the (d) Expenses. All expenses of taking oh the record made. the deposition of any person shall be Government. § 4.20 Nature of hearings. borne by the party taking that deposi § 4.25 Withdrawal o f exhibits. tion, except that the other party shall be Hearings shall be as informal as may entitled to copies of the transcript of the be reasonable and appropriate in the cir After a decision has become final, the deposition only upon paying therefor. cumstances. Appellant and respondent Board may, upon request and after no tice to the other party, in its discretion § 4.15 Interrogatories to parties; inspec may offer at a hearing on the merits such relevant evidence as they deem appro permit the withdrawal of original exhib tion of documents; admission of its, or any part thereof, by the party facts. priate and as would be admissible under the generally accepted rules of evidence entitled thereto. The substitution of true For good cause shown, the Board may applied in the courts of the United copies of exhibits or any part thereof permit a party to serve written inter States in nonjury trials, subject, how may be required by the Board in its dis rogatories upon the opposing party, or ever, to the sound discretion of the pre cretion as a condition of granting per der a party to produce and permit siding member or examiner in supervis mission for such withdrawal. inspection and copying or photographing ing the extent and manner of presenta § 4.26 Practice before Board. of designated documents relevant to. the tion of such evidence. In general, ad appeal, or permit the serving on the op missibility will hinge on relevancy and Representation of a contractor before posing party of a request for admission materiality. Letters or copies thereof, the Board is governed by Part 1 of this of facts. Such permission will be granted affidavits, or other evidence not ordi subtitle, which regulates practice before and orders entered as are consistent with narily admissible under the generally the Department of the Interior. the objective of securing just and inex accepted rules of evidence, may be ad pensive determination of appeals without § 4.27 Representation o f the Govern mitted in the discretion of the presiding ment. unnecessary delay. member or examiner. The weight to be Department counsel designated by the § 4.16 Service o f papers. attached to evidence presented in any particular form will be within the discre Solicitor of the Department represent A copy of all pleadings, briefs, or other tion of the Board, taking into considera the agencies, bureaus, and offices cogni Papers addressed to the Board, except zant of the disputes brought before the the appeal file, shall be served on the tion all the circumstances of the particu lar case. Stipulations of fact agreed upon Board. They shall file notices of appear other party at the time of filing with ance with the Board, and shall notify the the Board. Service of papers may be by the parties may be regarded and used as evidence at the hearing. The parties appellant or his attorney that they rep made personally or by mailing same in a may stipulate the testimony that would resent the Government. The Department sealed envelope addressed to the other be given by a witness if the witness were counsel shall represent the Government Party. When a party is represented by an present. The Board may in any case re in the same manner as a private advo attorney, certificates of mailing (or stat quire evidence in addition to that offered cate represents a client. ing that personal service was made) by the parties. should be provided to the Board. § 4.28 Decisions. § 4.21 Examination of witnesses. HEARINGS Decisions of the Board will be made Witnesses before the Board will be ex in writing. Copies thereof will be for § 4.17 W here and when held. amined orally under oath or affirmation, warded simultaneously to both parties Hearings may be held in Washington, unless the facts are stipulated, or the by certified mail. The rules of the Board D.C., or upon request seasonably made presiding Board member or examiner and all final orders and decisions (except and upon good cause shown, the Board shall otherwise order. I f the testimony of those that under applicable law should may in its discretion set the hearing on a witness is not given under oath the be held confidential and not cited as an appeal at a location other than Wash presiding Board member or examiner precedents) shall be open for public in ington, D.C. Hearings will be scheduled shall call to the attention of the witness spection at the offices of the Board. De at the discretion of the Board with due the provisions of title 18, United States cisions of the Board will be made upon consideration to the regular order of Code, sections 287 and 1001, prescribing the record, as described in § 4.13 appeals and other pertinent factors. On penalties for knowingly making false (Rule 13). request or motion by either party and representations in connection with § 4.29 Motions for reconsideration. upon good cause shown, the Board may claims against the United States or in in its discretion advance a hearing. any matter within the jurisdiction of apy A motion for reconsideration, if filed department or agency thereof. by either party, shall set forth specifi § 4.18 Notice of hearings. cally the ground or grounds relied upon The parties shall be given at least 15 § 4.22 Copies of papers. in support of the motion, and shall be days’ notice of the time and place set When books, records, papers, or docu filed within 30 days from the date of the for hearings. In scheduling hearings, the ments have been received in evidence, a receipt of a copy of the Board’s decision FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 No. 79------& 6928 RULES AND REGULATIONS by the party filing the motion. Reconsid an appeal from persons who do not repre (b) “ Contract” includes every agree eration of a decision, which may include sent a party in the appeal, but nonethe ment or contract entered into by the a hearing or rehearing, may be granted less have an interest in the decision to Maritime Administrator and/or Mari if, in the judgment of the Board, suffi be rendered. time Subsidy Board, the Director Na cient reason therefor appears. tional Shipping Authority or their § 4.34 Effective date and applicability* delegatee. § 4.30 Dismissal without prejudice. The revised rules in this part shall take In certain cases, appeals docketed be effect 60 days following publication in § 370.2 General policy. fore the Board reach a stage where the the F ederal R e g ist e r . They shall not (a) Time-barred claims shall be re Board is unable to proceed with dispo apply to appeals which have been jected, except as follows; sition thereof for reasons not within the docketed prior to their effective date, ex (1) A time-barred claim which could control of the Board. In any such case cept as otherwise directed by the Board be asserted in court by way of set-off where the inability to take action upon and agreed to by the parties. against a claim in favor of the United the appeal has continued, or it appears States arising out of the same contract A pp e n d ix I that it will continue, for an inordinate may be considered in an overall settle length of time, the Board may in its dis NOTICE OP APPEAL ment where settlement will result in a cretion dismiss such appeal from its doc Board of Contract Appeals, net payment to the United States, pro ket without prejudice to its restoration Office of the Secretary, vided claimant releases the United States when the cause of delay has been re Department of the Interior, from all claims arising from or in any moved, and when the parties have com Washington, D.C. 20240. way connected with said contract. plied with conditions specified by the (2) Time-barred claims in favor of Board in its dismissal order. (Date) Appeal of friendly foreign governments shall not be § 4.31 Sanctions. (Name of contractor) rejected solely because they are time- barred. However, should any such gov In the event of failure of a party to (Address) ernment adopt the practice of asserting comply with a request of the Board for Contract No______the statute of limitations as a defense production of documents or other ma (Invitation No.) against claims of the United States, the terial, or failure of a party to make Specifications N o .______time-barred claims of that government available an officer, director, official, or shall be rejected. employee of such party, for answering (Name and Location of Project) written interrogatories or questions on (3) Time-barred claims arising under oral examination, without showing an (Name of Bureau or Office) Second Seamen’s War Risk Insurance The undersigned contractor appeals to excuse or explanation for such failure (or similar earlier types of crew insur the Board of Contract Appeals from deci ance) where the policy was issued or the satisfactory to the Board, the Board sion or findings of fact dated ------may (a) decide the fact or issue relating risks were assumed by the Maritime Ad by ' —------ministration (or its predecessors), shall to the material which the Board has re (Name of contracting officer) not be rejected where the beneficiaries quested to be produced, or relating to The decision or findings of fact is errone were precluded from receiving the pro what might have been elicited from the ous because: person whose testimony was requested, ceeds of the policy by reason of regula (State specific facts and circumstances and tions or orders of the U.S. Government in accordance with the claim of the other the contractual provisions involved) (i) by reason of the beneficiary being party or in accordance with other evi physically or mentally unable to present dence available to the Board; (b) dis (Signature) the claim, (ii) by the beneficiaries being miss all or part of an appeal in appro (Title) unaware of their entitlement to the pro priate circumstances; or (c) make such ceeds in question, >or (iii) where the other ruling as the Board determines is [F.R. Doc. 69-4946; Filed, Apr. 24, 1969; 8:45 am .] claim is not “stale” under general prin just and proper. ciples of equity. § 4.32 Remands from courts. (b) For the purpose of a claim by a Whenever any matter is remanded to General Agent under General Agency the Board from any court for further Title 46— SHIPPING Agreements set forth in 32A CFR AGE-1 proceedings, each of the parties shall, Chapter II—-Maritime Administration, for reimbursement by the Maritime Ad within 20 days of such remand, submit a ministration on account of a timely pay report to the Board, recommending pro Department of Commerce ment made to a third party within a pe cedures to be followed in order to com SUBCHAPTER J— MISCELLANEOUS riod of limitations running from the date the claim of the third party accrued, the ply with the court’s order. The Board [General Order 102] will review the reports and enter special period of limitations applicable to the orders governing the handling of matters PART 370— CLAIMS General Agent shall run from the date remanded to it for further proceedings Processing of Time-Barred Claims of such payment. In all other cases in by any court. To the extent the court’s volving claims arising under General directive and time limitations will permit, The text of Subpart A of this part is Agency Agreements, Including third- hereby designated General Order 102 and such orders will conform to the rules in party claims, the policy provided in this part. revised to read as follows: paragraph (a) of this section shall apply. § 4.33 Standards o f conduct. Subpart A— Processing of Time-Barred Claims (c) Consideration of any claim gov No member of the Board shall con Sec. erned by applicable regulations in this sider an appeal if he has participated in 870.1 Definitions. 370.2 General policy. chapter II, including without limita the awarding or administration of the tion Parts 272, 292, and 205 of this chap contract in question. There shall be no A u t h o r it y : The provisions of this Subpart communication between any party to an A Issued under sec. 204, 49 Stat. 1987, as ter, shall be controlled by the time lim appeal and a Board member or Board amended; 46 U.S.0.1114. itations expressly provided for with re employee concerning the merits of the Subpart A— Processing of Time- spect to the submission of such claims. appeal, unless such communication (if Dated: April 21,1969. written) is also furnished to the other Barred Claims By order of the Maritime Adminis party to the appeal, or (if oral) is made § 370.1 Definitions. in the presence of the other party. The trator. Board also shall exercise care to avoid (a) “Time-barred claim” means a James S. Dawson, Jr., receiving, except as» part of the formally claim against the Government, for which Secretary. established appeal record, any informa the statutory period for filing suit has [FJl. Doc. 69-4961; Filed, Apr. 24, 1969; tion having a substantial bearing upon expired. 8:47 a m .] FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 RULES AND REGULATIONS 6929 [General Order 92, Rev.] form prescribed by the Maritime (1) Submits fifteen (15) completely PART 375— EXCHANGE OF VESSELS Administration. filled in copies of Form MA-182 (Appli (c) No payments shall be made by the cation for Exchange of Ships); The text of Part 375 of this title and United States to the owner of an Ex (2) Executes and files in triplicate an chapter, exclusive of the Statement of change Ship in connection with any ex Affidavit of U.S. citizenship in the form Policy appended thereto (33 F.R. 14545), change under the Act. prescribed by the Maritime Administra is hereby revised to read as follows: (d) Except where traded-out for use tion (32A CFR A G E -2 ); Sec. exclusively in trade and commerce on the (3) Submits financial data as required 375.1 Purpose. Great Lakes, including the St. Lawrence by the Maritime Administration; 375.2 Definitions. River and Gulf, tanker vessels may be (4) Furnishes, if a corporation, a 375.3 General provisions. traded-out only for major conversions statement in duplicate showing the 375.4 Application for exchange. into dry cargo carriers or liquid bulk names, residence addresses, dates, and A u t h o r it y : §§375.1 to 375.4 issued under carriers, including natural gas carriers, places of birth, and citizenship of the sec. 204, 49 Stat. 1987, as amended, 46 U.S.C. but excluding-bulk petroleum carriers. officers, directors, and stockholders of 1114; Public Law 86-575, 74 Stat. 312, as (e) Neither section 510(e) of the Act, record owning five percent (5% ) or more amended by Public Law 89-254, 79 Stat. nor the nontaxable exchange provisions of the issued and outstanding stock of 980. of the Internal Revenue Code, shall ap the applicant, as well as other ship own § 375.1 Purpose. ply to the exchange of ships under thè ing companies in which any such officer, Act. This part prescribes the procedures to director, or stockholder has a financial be followed with respect to the exchange (f) Any repairs or reconversion neces interest. of vessels pursuant to section 510 (i) of sary at the time of the exchange to place (c) When alternate Transfer Ships the Merchant Marine Act, 1936, as the Transfer Ship in class and prepare are included in one application, consid amended (46 U.S.C. 1160(i)), herein re it for commercial operation shall be eration will be given to the first listed ferred to as the “Act.” performed in a shipyard within the con Transfer Ship which is available. To the tinental United States. extent feasible, as determined by the § 375.2 Definitions. (g) Title to the transfer and exchange Maritime Administration, priority will be (a) “ Exchange Ship” means an ac ships shall pass simultaneously on the established based upon the date of filing ceptable vessel of 1,500 gross tons or over, date specified in the contract. of the application and such priority shall constructed Or contracted for by the U.S. (h) The applicant may with the con be maintained as long as the applicant shipyards before September 3, 1945, sent of the Maritime Administration use proceeds promptly to effect the exchange owned by a citizen or citizens of the the Exchange Ship until completion of of ships. Applications for a Transfer United States, documented under the preparation of the Transfer Ship for nor Ship previously applied for by another laws of the United States, and which has mal operation in commercial service un applicant will not be processed until such not been operated with operating-differ der terms and conditions of a Use Agree Transfer Ship has been rejected by the ential subsidy under Title V I of the Act, ment in form prescribed by the Maritime first applicant or otherwise becomes by the applicant or any affiliate of the Administration. available for reassignment. applicant, for at least 3 years immedi (i) The Secretary of Commerce shall (d) Each applicant will be notified of ately prior to the date of the exchange. consult with and obtain the approval of actions taken on his application. (b) “Transfer Ship” means an ocean the Defense Department before any ves (e) The Office of Ship Operations co- going, war-built vessel of 1,500 gross tons sel of a military type is exchanged under ordinates ship exchange activities of the or over which was constructed or con the provisions of the Act. Maritime Administration and approves tracted for by the U.S. shipyards during and administers the provisions of the § 375.4 Application for exchange. the period beginning September 3, 1939, ship exchange contracts. and ending September 2,1945, and owned (a) Applications for exchange of ships by the United States. pursuant to the Act shall be filed with Dated: April 22,1969. the Chief, Office of Ship Operations, §375.3 General provisions. By order of the Maritime Admin Maritime Administration, Department of istrator. (a) Authority to exchange vessels Commerce, Washington, D.C. 20235, on James S. Dawson, Jr., pursuant to the Act expires July 5, 1970. forms obtained from that office. Secretary. (b) An applicant acquiring a Trans (b) Applications are considered as [F.R. Doc. 69-5012; Piled, Apr. 24, 1969; fer Ship shall enter into a contract in officially filed when a qualified applicant: 8:48 a.m.] FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 2 5 , Ì9 6 9 6930 Proposed Rule Making made as prescribed in this subpart on rities pursuant to the provisions of this DEPARTMENT OF THE TREASURY the records of a Reserve Bank. subpart, and in the manner and under (e) “Serially-numbered advice of the procedures prescribed by the Reserve Fiscal Service transaction” means the confirmation Bank. [ 31 CFR Part 306 1 (prescribed in § 306.116) issued by a Re (b) (1) A Reserve Bank as Fiscal serve Bank which is identifiable by a Agent of the United States may also ap UNITED STATES SECURITIES unique number and indicates that a par ply the book-entry procedure provided Book-Entry Procedure ticular written instruction to the Re for in this subpart to any Treasury secu serve Bank with respect to the deposit or rities which have been or are hereafter Notice is hereby given, pursuant to the withdrawal of a specified book-entry deposited for any purpose in accounts Administrative Procedure Act, 5 U.S.C. Treasury security (or securities) has with it in its individual capacity under 553, that Subpart O of the regulations been executed. terms and conditions which indicate that set forth in Treasury Department Circu (f) “Pledge” includes a pledge of, or the Reserve Bank will continue to main lar No. 300, Third Revision, dated Decem any other security interest in, Treasury tain such deposit accounts in its individ ber 23, 1064, as amended (31 CFR Part securities held as collateral for loans or ual capacity, notwithstanding applica 306), are to be further amended as tenta advances or to secure deposits of public tion of the book-entry procedure to such tively shown below. However, prior to monies or the performance of an securities. This paragraph is applicable, their final adoption, consideration will obligation. but not limited, to securities deposited : be given to any data, views, or arguments (g) “Date of call” (see § 306.2) is “ the (1) In connection with deposits in pertaining thereto which are submitted, date fixed in the official notice of call member banks of funds of States, mu by interested persons in writing, in dupli published in the F ederal R e g ister * * * nicipalities, or other political subdivi cate, to the Commissioner of the Public on which the obligor will make payment sions; or Debt, Washington, D.C. 20220, on or be of the security before maturity in ac (ii) In connection with the perform fore 12 noon, May 22, 1969. All sugges cordance with its terms.” ance of an obligation or duty under tions for changes should be accompanied § 306.116 Authority of Reserve Banks. Federal, State, municipal or local law, by drafts of the language thought neces or judgments or decrees of courts. sary to accomplish the desired change Each Reserve Bank is hereby author and by statements in support thereof. ized and directed, in accordance with the The application of the book-entry pro provisions of this subpart, to (a) issue cedure under this paragraph shall not Dated: April 21,1969. book-entry Treasury securities by means derogate from or adversely affect the [ s e a l] J o h n K . O a r lo c k , of entries on its records which shall in relationships that would otherwise exist Fiscal Assistant Secretary. clude the name of the depositor, the between a Reserve Bank in its individual amount, the title of the loan (or the capacity and its depositors concerning Subpart O 1 of Treasury Department series) and the maturity date; (b) effect any deposits under this paragraph. Circular No. 300, Third Revision, dated conversions between book-entry Treas Whenever the book-entry procedure is December 23, 1964, as amended (31 CFR ury securities and definitive Treasury applied to such Treasury securities, the Part 306), is hereby further amended securities; (c) otherwise service and Reserve Bank is authorized to take all and revised as follows: maintain book-entry Treasury securi action necessary in respect of the book- Subpart O— Book-Entry Procedure ties; and (d) issue serially-numbered ad entry procedure to enable such Reserve vices of transactions with respect to Bank in its individual capacity to per § 306.115 Definition o f terms. each instruction relating to the deposit form its obligations as depositary with In this subpart, unless the context or withdrawal of a book-entry Treasury respect to such Treasury securities. otherwise requires or indicates: security (or securities) which has been (2) The rights of all persons in all (a) “Reserve Bank” means a Federal executed. Each such advice shall confirm Treasury securities (whether pledged or Reserve Bank and its branches acting as that book-entry Treasury securities of otherwise) referred to in subparagraph Fiscal Agent of the United States. the amount, loan title (or series) and ( 1) of this paragraph shall in all respects (b) “ Treasury security” means a maturity date specified in the depositor’s be the same when those securities are in instruction have been deposited or transferable Treasury bond, note, cer book-entry form as if definitive Treasury tificate of indebtedness, or bill issued withdrawn. sécurités in bearer form in the same under the Second Liberty Bond Act, as § 306.117 Scope and effect of book- amount and of the same loan (or series) amended, in the form of a definitive entry procedure. and maturity date had at all times been held in custody by the Reserve Bank in Treasury security or a book-entry (a) The book-entry procedure shall Treasury security. its individual capacity in accordance with apply to Treasury securities deposited the agreement between such bank and its (c) “Definitive Treasury security” with any Reserve Bank (1) as collateral depositors. means a transferable Treasury bond, pledged to a Reserve Bank (in its indi note, certificate of indebtedness, or bill (c) In addition to applying the book- vidual capacity) for advances by it, (2) entry procedure to Treasury securities issued under the Second Liberty Bond as collateral pledged to the United States deposited under paragraphs (a) and (b) Act, as amended, in the form of an entry under Treasury Department Circulars of this section, the procedure may be ap form. No. 92 or 176, both as revised and plied by any Reserve Bank, with the ap (d) “Book-entry Treasury security” amended, and (3) by a member bank of proval of the Secretary of the Treasury, means a transferable Treasury bond, the Federal Reserve System for its sole to any other Treasury securities de account and in lieu of the safekeeping of note, certificate of indebtedness, or bill posited with the Reserve Bank. definitive Treasury securities by a Re issued under the Second Liberty Bond serve Bank in its individual capacity. (d) No deposits shall be accepted un Act, as amended, in the form of an entry Any depositor which has definitive Treas der this section on or after the date of ury securities on deposit with a Reserve maturity or call of the securities. 1 The Second Amendment to the Third Re Bank (in either its individual capacity § 306.118 Pledges. vision, dated Nov. 7, 1967, redesignated the or as Fiscal Agent) for any purpose speci then-current Subpart O, “Miscellaneous Pro fied above or which hereafter deposits A pledge of book-entry Treasury secu visions,” as Subpart P and renumbered such securities for any such purpose shall rities maintained under § 306.117 is ef §§306.115 through 306.118 as §§306.123 fected, notwithstanding any provision of through 306.126, respectively, and inserted a be deemed to have consented to their new Subpart O on book-entry procedure. conversion to book-entry Treasury secu law to the contrary, by a Reserve Bank’s FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 PROPOSED RULE MAKING 6931 making an appropriate entry in its rec Agent) on the effective date of this sub New subparagraph (1) is added to ords of the amount of the securities part for any purpose specified in § 306.- paragraph (k) of § 7.16 as follows: pledged. The making of such entry (a) 117(a). Registered Treasury securities shall have the effect of a delivery of de deposited thereafter with a Reserve Bank § 7.16 Yosemite National Park. finitive Treasury securities in bearer form for any purpose specified in § 306.117 ***** in the amount of the obligations pledged; shall be assigned for conversion to book- (k) Experimental fish management (b) shall have the effect of a taking of entry Treasury securities. The assign waters. * * * delivery by the pledgee; (c) shall effect a ment, which shall be executed in accord ( l ) Skelton Lakes, and Delaney Creek perfected security interest therein in ance with the provisions of Subpart F from its beginning at the outlet of the favor of the pledgee; and (d) shall con of the regulations in this part, so far as lower Skelton Lake to its interception stitute such pledgee a holder. No filing or applicable, shall be to “Federal Reserve with the Tuolumne Meadows—Young recording with a public recording office or Bank o f ------, as Fiscal Agent of Lakes Trail, are closed to all public officer shall be necessary to perfect any the United States, for conversion to book- fishing. pledge in any book-entry Treasury secu entry Treasury securities.” L a w r e n c e C. H a d l e y , rities under this subpart. Any pledge of Superintendent, definitive Treasury securities existing at § 306.122 Servicing book-entry Treasury Yosemite National Park. securities; payment of interest, pay the time of the conversion hereunder ment at maturity or upon call. [F.R. Doc. 69-4943; Filed, Apr. 24, 1969; of such securities to book-entry form 8:45 ajn .] shall continue to be fully effective not Interest becoming due on book-entry withstanding such conversion. A Reserve Treasury securities shall be charged in Bank shall, upon receipt of appropriate the Treasurer’s account on the interest instructions, convert book-entry Treas due date and remitted or credited in ac ATOMIC ENERGY COMMISSION ury securities into definitive Treasury cordance with the depositor’s instruc securities and deliver them to the pledgee tions. Such securities shall be redeemed C 10 CFR Part 2 1 and charged in the Treasurer’s account or other appropriate party for disposi SAFEGUARDS AND PHYSICAL tion under the applicable pledge arrange on the date of maturity, call or advance ment; and the pledge interest of the refunding, and the redemption proceeds, SECURITY MEASURES pledgee in such book-entry Treasury se principal and interest, shall be disposed Information Received From of in accordance with the depositor’s curities prior to conversion to definitive Applicants and Licensees securities shall continue without inter instructions. ruption to be fully effective with respect [F.R. Doc. 69-4956; Filed, Apr. 24, 1969; The Atomic Energy Commission’s reg to such definitive securities. 8:46 a.m.} ulations in 10 CFR Part 70, “ Special Nuclear Material” were amended in 1967 § 306.119 Limitations on transfers or (32 F.R. 2364, Feb. 3, 1967) to require, pledges. among other things, that each licensee Except as provided in this subpart, DEPARTMENT OF THE INTERIOR authorized to possess a quantity of spe book-entry Treasury securities may not cial nuclear material exceeding 5,000 be assigned, transferred, hypothecated, National Park Service grams of contained uranium 235, urani pledged as collateral, or used as security [ 36 CFR Part 7 1 um 233, plutonium or any combination for the performance of an obligation, (except those holding licenses for use of and the Treasury Department will not YOSEMITE NATIONAL PARK, CALIF. special nuclear material in nuclear re recognize any such assignment, transfer, actors or sealed sources) to submit to the hypothecation, pledge or use. Fishing Commission a full description of proce § 306.120 Withdrawals and transfers. Notice is hereby given that pursuant dures for the control of and accounting to the authority contained in section 3 for special nuclear material, and an iden Withdrawals and transfers of book- of the Act of August 25, 1916 (39 Stat. tification of the fundamental material entry Treasury securities may be made 535, as amended; 16 U.S.C. 3)', the Act controls which are considered essential upon a depositor requesting (a) delivery of June 2, 1920 (41 Stat. 731; 16 U.S.C. for assuring that special nuclear material of like definitive Treasury securities to 57; 245 DM1 (27 F.R. 6395 as amended), in the licensees' possession is adequately itself or on its order to a transferee, or National Park Service Order No. 34 (31 safeguarded. (b) transfer to any transferee eligible F.R. 4255 as amended), Regional Direc Applicants for licenses to operate pro under § 306.117. The making of any tor, Western Region Order No. 4 (31 F.R. duction and utilization facilities under 10 book-entry transfer by a Reserve Bank 5577), it is proposed to amend § 7.16 of CFR Part 50 furnish information regard shall have the same effect as a delivery Title 36 of the Code of Federal Regula ing physical security measures to protect to the transferee of definitive Treasury tions as set forth below. against possible industrial sabotage to securities in bearer form. The transfer The purpose of this amendment is to these facilities. Some of this information of book-entry Treasury securities within establish specific closure to angling of describes the details of the physical a Reserve Bank will be made in accord the waters of Delaney Creek and Skelton security system employed by the appli ance with procedures established by the Lakes in Yosemite National Park, for the cant such as the type of locks or alarm latter not inconsistent with this subpart. protection and preservation of the Piute systems utilized, and the guard patrol The transfer of book-entry Treasury cut-throat trout. The closure is con schedule. securities between Reserve Banks will be sidered necessary in light of a cooperative Both types of detailed information are made through a telegraphic transfer program of attempts to restore a rare regarded as confidential in nature since procedure. All requests for withdrawal and endangered trout species, the Piute the information could be useful to per or for transfer must be made prior to trout, Salmo clarki selenirus. This pro sons seeking to breach the physical the maturity or date of call of the secu gram is a joint effort of the park and security system or the safeguards system. rities. Treasury bonds and notes which, the California Department of Fish and Information regarding applicants’ or are actually to be delivered upon with Game, licensees’ special nuclear material safe drawal or transfer may be issued either It is the policy of the Department of guards programs and detailed informa in registered or in bearer form, except the Interior, whenever practicable, to tion regarding physical security meas that EA and EO series of Treasury notes afford the public an opportunity to par ures for production and utilization facili will be issued in bearer form only. ticipate in the rule-making process. Ac ties are presently subject to the provi § 306.121 Registered bonds and notes. cordingly, interested persons may’ sub sions of 10 CFR 2.790 which provides mit written comments, suggestions, or that all correspondence to or from the No formal assignment shall be required objections to the Superintendent, Yo AEC regarding a license of licensing for the conversion to book-entry Treas semite National Park, Post Office Box action is available for public inspection ury securities of registered Treasury 577, Yosemite National Park, Calif. 95389, except for that which is requested to be securities held by a Reserve Bank (in within 30 days of the publication of this withheld from public disclosure. Where either its individual capacity or as Fiscal notice in the F ederal R eg ist e r . such a request is made, the Commission FEDERAL REGISTER, V O L 3 4 , NO. 79— FRIDAY, APRIL 25, 1969 6932 PROPOSED RULE MAKING may, pursuant to 10 CFR 2.790(b), with procedures for safeguarding licensed to the above-captioned proceeding is hold any document or part thereof from special nuclear material or detailed se hereby extended to April 29, 1969, and public inspection if (a) disclosure is not curity measures for the physical protec May 15,1969, respectively. required by 10 CFR Part 9, (b) disclosure tion of a licensed facility, shall be Adopted: April 21,1969. is not required in the public interest and deemed to be commercial or financial (c) disclosure would adversely affect the information within the meaning of Released: April 21,1969. interest of the person concerned. § 9.5(a) (4) of this chapter and shall be F ederal C ommunications To provide a better means of protect subject to disclosure only in accordance C o m m is s io n , ing special nuclear material safeguards with the provisions of § 9.10 of this [ s e a l ] C. F. H e is t e r , information and information on the de chapter. Chief, Domestic Radio Division, tailed physical security measures for (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) for Chief, Common Carrier licensed production and utilization facili Bureau. ties, the Commission is proposing to make Dated at Washington, D.C., this 15th day of April 1969. [F.R. Doc. 69-4965; Filed, Apr. 24, 1969; such information subject exclusively to 8:47 a.m.] the provisions of 10 CFR Part 9, “Public For the Atomic Energy Commission. Records,” rather than to the provisions of 10 CFR 2.790. Under the proposed F. T . H o b b s , [ 47 CFR Part 73 1 amendments, correspondence between Assistant Secretary'. [Docket No. 18476; RM-1368] licensees or license applicants and the [F.R. Doc. 69-4939; Filed, Apr. 24, 1969; Commission regarding special nuclear 8:45 a.m.] FM BROADCAST STATIONS materials safeguards and detailed physi cal security measures for licensed pro Table of Assignments, Fayette, Ala., duction and utilization facilities would etc.; Order Extending Time for be treated as exempt from disclosure pur FEDERAL COMMUNICATIONS Filing Comments and Reply suant to 10 CFR 9.5(a) (4) unless, pursu Comments ant to 10 CFR 9.10(c), the Director of COMMISSION Regulation determines that its produc In the matter of amendment of § 73.- tion or disclosure would not be contrary [ 47 CFR Parts 1, 21, 43 1 202 Table of assignments, FM Broadcast Stations. (Doniphan, Mo., Priceton, W. to the public interest and would not ad [Docket No, 18473] versely affect the rights of any person. Va., Auburn, Nebr., Cayce, S.C., Sallisaw, Pursuant- to the Atomic Energy Act of DOMESTIC PUBLIC POINT-TO-POINT Okla., Heber Springs, Ark., Preston, 1954, as amended, and section 553 of title MICROWAVE RADIO SERVICE Minn., Barnstable, Nantucket, and Fal mouth, Mass., Mineral Wells, Tex., 5 of the United States Code, notice is Certain Common Carriers; Annual hereby given, that adopton of the follow Fayette, Hartselle, and Talladega, Ala., ing amendments to 10 CFR Part 2 is con Report Form Mariposa, Calif., Greenville, Hartford, Cadiz, Elizabethtown, Burnside, and templated. All interested persons who In the matter of promulgation of an desire to submit written comments or annual report form applicable to li Greensburg, Ky., Flora, 111.); Docket No. 18476, RM-1356, RM-1359, RM-1360, suggestions for consideration in connec censees in the domestic public point-to- ‘ RM-1364, RM-1368, RM-1373, RM-1374, tion with the proposed amendments point microwave radio service who are RM-1376, RM-1377, RM-1378, RM-1379, should send them to the Secretary, U.S. miscellaneous common carriers, and re RM-1382, RM-1383, RM-1389, RM-1390, Atomic Energy Commission, Washington, lated amendments of Part 1, Practice RM-1391, RM-1414. D.C. 20545, Attention: Chief, Public Pro and Procedure; Part 21, Domestic Public 1. In a notice of proposed rule making, ceedings Branch, within 60 days after Radio Services (Other Than Maritime released March 6, 1969, in this proceed publication of this notice in the F ederal Mobile); and Part 43, Reports of Com ing (FCC 69-207), the Commission R eg ist e r . Comments received after that munication Common Carriers and Cer invited comments on a number of pro period will be considered if it is practi tain Affiliates, of the Commission’s rules, cable to do so, but assurance of con posals to amend the FM Table of As Docket No. 18473. signments, including the substitution of sideration cannot be given except as to 1. The Commission has received a re<- comments filed within the period speci Channel 224A for Class C Channel 225 quest that the time for filing comments at Fayette, Ala., and'the assignment of fied. Copies of comments received by the and reply comments in the above-cap Commission may be examined at the Channel 224A to both Hartselle and tioned matter be extended from April 22, Talladega, Ala. The time for filing com Commission’s Public Document Room, 1969 (comment deadline) and May 8, 1717 H Street N W , Washington, D.C. ments was specified as April 14, 1969, 1969 (reply comment deadline) to and that for replies as April 24, 1969. Paragraph (a) of § 2.790 is amended April 29, 1969, and May 15, 1969, re 2. On April 14, 1969, J. W. Shirley and a new paragraph (d) is added to spectively. The request for extension of read as follows: filed a request for an additional 3 weeks time was filed by the law firm of Cole, to file comments in this proceeding. § 2.790 Public inspection, exceptions, Zylstra & Raywid on behalf of its Mr. Shirley, applicant for a new FM sta requests for withholding. several miscellaneous common carrier tion on Channel 225 at Fayette, Ala. (File clients. (a) Except as provided in paragraphs No. BPH-6672, filed Mar. 21,1969), states 2. It is stated that the additional time that operation with Class A facilities at (b) and (d) of this section, correspond is needed because the time for filing ence or portions of correspondence to Fayette will provide far less coverage comments in the docket is at approxi to rural areas and small towns sur and from the AEC regarding the issu mately the same date as those due in ance, denial, amendment, transfer, re rounding Fayette than will operation Docket 18397, and additional time is re with the presently assigned higher newal1, modification, suspension, revoca quired for a thorough consideration. tion, or violation of a license, permit, or power Class C channel. Mr. Shirley also order, or regarding a rule making pro 3. In consideration of the time re notes that RM-1417, filed March 7, 1969, ceeding subject to this Part 2 shall not lationship between these two proceed by Sid McDonald, of Arab, Ala., is in be exempt from disclosure and will be ings, it appears that the request is rea conflict with the rule making in this made available for inspection and copy sonable and that the public interest proceeding in that it requests the as ing in the AEC Public Document Itoom. would be served by a grant of the re signment of Channel 224A to Arab by quested extension. substituting Channel 269A for Channel * * * * * 4. Accordingly, it is ordered, Pursuant 225 at Fayette. Mr. Shirley states that (d) Correspondence and reports to orto authority delegated by § 0.303(c) of he has authorized his consulting en from the AEC which identify a licensee’s the Commission’s rules, that the time gineer to “ make a study of all FM chan or applicant’s control and accounting for filing comments and reply comments nel allocations in west central Alabama FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 PROPOSED RULE MAKING 6933 to determine if a Class C channel can the time for filing replies thereto is ex be retained in Payette and Class A chan tended to May 15,1969. nels made available to Talladega, Hart- 4r. This action is taken pursuant to au selle, and/or Arab.” It is stated that re thority found in sections 4 (i), 5 (d )(1 ), sults of the study to date are encourag and 303 (r) of the Communications Act ing. However, due to the complexity of of 1934, as amended, and § 0.281(d) (8) the matter and various interruptions, of the Commission’s rules. the study has not yet been completed. Petitioner states that an additional 3 Adopted: April 18,1969. weeks will be necessary for the comple Released: April 21,1969. tion of this study. We believe that the requested additional tiriie is warranted F ederal C ommunications and would serve the public interest. C o m m is s io n , 3. In view of the foregoing: I t is or L seal 1 G eorge S . S m it h , dered, That the time for filing comments Chief, Broadcast Bureau. in this proceeding in the matter of R M - [F.R. Doc. 69-4966; Filed, Apr. 24, 1969; 1368 only is extended to May 5,1969, and 8 :47 a.m.l FEDERAL REGISTER, VOL 34, NO. 79— FRIDAY, APRIL 25, 1969 6934 Notices C. Are not expressly excluded, by addirelief and rehabilitation grants to tribes DEPARTMENT OF THE TREASURY tional provisions to this chapter, from upon the request of tribes, and transfer being exercised by officials below the of any remaining assets of such grants to Bureau of Customs Area Director. the tribes. [T.D. 69-109] 4.2 Secretarial limitations. The limi (11) The taking of any steps author tations carried in the Secretary’s order ized by 25 CPR 91.10. TUNA FISH also apply here. (12) The amendment or revocation of Tariff-Rate Quota 4.3 Exceptions. The authorities re charters of credit and other cooperative delegated in 4.1 above do not include the associations. A p r il 21, 1969. following. (13) Expenditures from miscellaneous Pursuant to the provisions of item A. Adoption of laws. Adoption of State revenues for the benefit of tribes, agen 112.30, Tariff Schedules o f the United or local laws regulating the use of prop cies, and schools on whose behalf they States, it has been determined that erty to trust or restricted Indian are collected. 71,703,494 pounds of tuna may be entered property. (14) The acceptance of donations of for consumption or withdrawn from B. Social services. (l) The negotiation funds or other property for the advance warehouse for consumption during the and execution of contracts with States ment of the Indian race, and the use of calendar year 1969 at the rate of 10 per or territories, or political subdivisions the donated property in accordance with centum ad valorem under item 112.30. thereof, or with private organizations, the terms of the donation in furtherance Any such tuna which is entered, or with for social services, relief, and child of any program authorized by other pro drawn from warehouse, for consumption welfare. visions of law for the benefit of Indians. during the current calendar year in ex (2) The negotiation and execution of (15) The approval of partial releases cess of this quota will be dutiable at the contracts with. States or territories, or and satisfactions of mortgages given as rate of 20 per centum ad valorem under political subdivisions thereof, or with security for loans from the United States. item 112.34 of the tariff schedules. any other appropriate State agency or D. Education. (1) The negotiation and The above quota is based on the U.S. institution, for agricultural assistance. execution of contracts with any State or pack of canned tuna during the calendar C. Funds and fiscal matters. (1) The territory, or political subdivision thereof, year 1968, as reported by the U.S. Pish approval of per capita or annuity pay or any State university, college, or school, and Wildlife Service. ments from Indian tribal funds. or with any appropriate State or private (2) The approval of expenditures of corporation, agency, or institution. [ s e a l ] E d w in P . R a in s , Individual Indian Moneys held in custody E. Lands and minerals. (1) The execu Acting Commissioner of Customs. of the Department. This extends to and tion and approval of leases for and on [F.R. Doc. 69-4969; Filed, Apr. 24, 1969; includes investments, loans, and dona behalf of the United States, as trustee, of 8:47 a.m.] tions by individual Indians. mineral lands acquired by or for Indians. (3) The approval of surety bonds. (2) All those matters set forth in 25 (4) Approval of the employment of CFR Part 121. attorneys for individual Indians. (3) The approval o f exchanges of land DEPARTMENT OF THE INTERIOR (5) Approval of attorney contracts between individual Indians, between in Bureau of Indian Affairs with Indian tribes and of directly related dividuals and Indian tribes, between in tribal contracts with technical specialists dividual Indians and non-Indians and SUPERINTENDENTS, ALBUQUERQUE and the determination of fees and ex between Indian tribes and non-Indians. AREA OFFICE penses thereunder. (4) The approval of purchase of lands for individual Indians and Indian tribes. Delegation of Authority (6) The approval of applications of individual Indians for their pro rata This extends to and includes the accept April 7,1969. shares of tribal trust funds. ance of options for the acquisition of lands. Part 10 BIAM 4 is set forth below to (7) The approval of applications by (5) The approval of authorizations for read as follows ; individuals, cooperative associations, the sale of restricted Indian lands credit associations, and incorporated and P art 10 BIAM 4—A u t h o r it ie s F r o m t h e pledged as security for the repayment of unincorporated tribes and bands, and A rea D irecto r tribal loans to individuals, and the ap groups of Indians, for loans pursuant to proval or acceptance of conveyance of 4. AUTHORITIES OF SUPERINTENDENTS 25 CPR Part 91; the issuance of commit such lands in accordance with the terms ment orders, the approval of modifica 4.1 Authorities from the Area Direc of the pledge ih the event of default. tions of loan agreements; the approval tor. The authorities of the Commissioner (6) The approval and certification of of interest rates and the terms and con delegated to the Area Director in Secre allotment exchanges, correction of patent ditions of loans to encourage industry, tary’s Order 2508 (10 BIAM 3), 25 CPR descriptions and cancellation of multiple and the approval of articles of associa and 43 CPR 2.6, are hereby redelegated allotments. tion and bylaws of cooperative and credit to the Superintendents. This document ( 7 ) The issuance of tax exemption cer supersedes Albuquerque Area Redelega associations; and determination of the acceptability of the form of organiza tificates covering lands designated as tax tion Order 1 and amendments thereto. All exempt. previously issued documents related to tion of groups of Indians applying for loans to encourage industry. (8) The cancellation of fee patents. Albuquerque Area Redelegation Order 1 (9) The approval of rights-of-way continue to be authorized and will not (8) The investment of restricted trust pursuant to 25 CPR Part 161. This ex require revision. funds of individual Indians, and group tends to and includes the issuance of ad This, redelegation also includes future- investment of funds held in the accounts vance authority for preliminary surveys authorities of the Commissioner to the of Indian Service Special Disbursing and permission to begin construction Area Director which : Agents, for individual Indians, Indian as prior to final approval of right-of-way. A. Do not by their own terms disallow sociations and Indian tribes. (10) The approval, with tribal con exercise by officials below the Area (9) The approval of èxpenditures or sent, of sales of improvements made upon Director; advances of tribal funds to the respective tribal lands by individual Indians. B. Are not within the generally ap tribes. (11) The approval of tribal member plicable exceptions in section 4.3 below; (10) The approval of modifications ship rolls submitted for the approval of or and termination of trust agreements for the Secretary of the Interior. FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6935 ( 12) The conveyance to State or local tribes of title to federally owned build 2. In the absence of the Area Director governmental agencies or to local school ings and improvements (including per and the Assistant Area Directors, per authorities, of all the right, title, and sonal property used in connection there sons authorized to act in their stead may interest of the United States in any land with) no longer required by the Bureau exercise any and all authority conferred and improvements thereon and personal and also declarations of forfeiture of upon the Area Director by the Commis property used in connection therewith such conveyances. sioner of Indian Affairs. heretofore and hereafter used for Fed Walter O. Olson, 3. The effective date of this delega eral Indian School purposes and no Area Director. timi is the date of signature by the Area longer needed for such purposes. Director. (13) The revocation of Departmental Approved: April 17, 1969. W alter O. Olson, reserves of certain Indian lands for J . L. Norwood, Area Director. agency, school, or other administrative Acting Commissioner Approved: April 17,1969. purposes under the jurisdiction of the of Indian Affairs. Bureau of Indian Aft airs, when the Com J . L. Norwood, missioner determines these lands are no [FJt. Doc. 69—4941; Filed, Apr. 24, 1969; Acting Commissioner 8:45 ajn.l longer needed for the purposes for which of Indian Affairs. they were set aside, and the restoration [FJR. Doc. 69-4942; Filed, Apr. 24, 1969; of jurisdiction over the lands to the SUPERINTENDENTS AT CHEROKEE, 8:45 a.m.] tribes. MICCOSUKEE, AND SEMINOLE (14) The transfer, and the issuance of AGENCIES notices to be published in the F ederal Bureau of Land Management R e g ister of the effective date of transfer, Delegations of Authority; Exceptions of records of trust or restricted lands CALIFORNIA April 16, 1969. from Washington, D.C., to the appropri Notice of Partial Termination of Pro ate area office. The following corrections and excep F. Forestry. (1) All those matters set tions are made to Part 10 BIAM 4 of the posed Withdrawal and Reservation forth in 25 CFR Ch I, Subchapter M— Bureau of Indian Affairs Manual pub of Lands Forestry. lished a r 34 F.R. 637 (F.R. Doc. 69-537) Correction (2) The adjustment of stumpage rates in the issue for January 16, 1969. The and the performing of all other adminis correction clarifies existing language. In F.R. Doc. 69-4164 appearing at page trative actions to be taken by the Sec The exceptions remove certain authori 6299 in the issue of Wednesday, April 9, retary pursuant to timber sales contracts ties delegated to the Superintendents of 1969, the last line of the land description now in effect. the Cherokee, Miccosukee, and Seminole under the center heading “ Tahoe Na (3) The administration of existing Agencies. tional Forest” should read: “N ^ S W 1/* n e y4s w y4s w y4NE y4.” and the negotiation and execution of 1. Section 4.2 is corrected to read as new cooperative fire suppression agree follows: ments with Federal, State, and private 4.2 General limitations. The limita National Park Service agencies. tions and exceptions carried in 10 BIAM (4) The taking of any action necessary 3 apply here also. BIG BEND NATIONAL PARK to prevent waste of timber from fire, decay, windthrow, insect infestation, dis 2. Section 4.3 is added to read as Notice of Irtyiention To Negotiate ease, or other natural catastrophe on follows: Concession Contract 4.3 Specific exceptions. The authori Indian lands held in trust by the United Pursuant to the provisions of section States. ties redelegated in section 4.1 above do 5, of the Act of October 9, 1965 (79 Stat. G. Trade with Indians. (1) The ap not include the following: A. The approval of the employment of 969; 16 U.S.C. 20), public notice is hereby proval of trade by Government employ given that thirty (30) days after the date ees with Indians. attorneys for individual Indians and the of publication of this notice, the Depart H. Tribal ordinances, resolutions, con determination and payment of fees paid ment of the Interior, through the Direc stitutions, and charters. ( 1) Tribal ordi on a quantum meruit basis from re tor of the National Park Service, pro stricted or trust funds. nances and resolutions, and contracts, poses to negotiate a concession contract including expenditure under such con B. The approval of attorney contracts with Carter M. Newsome doing business tracts where approval1 of such expendi with Indian tribes and of directly related as Chisos Remuda, authorizing him to tures is required, which are adopted, tribal contracts with technical special continue to provide concession facilities enacted or negotiated by Indian tribal ists, and the determination of fees and and services for the public at the Lower governing bodies pursuant to approved expenses thereunder, pursuant to 25 Chisos Basin within Big Bend National constitutions. U.S.C. 81, 82, 84, and 476. Park, Tex., for a period of 5 years from (2) Tribal ordinances relating to law J. L. Norwood, January 1, 1969, through December 31, and order. 1973. (3) Tribal enactments disenrolling Acting Commissioner. persons found not to meet established [FJft. Doc. 69-4940; Filed, Apr. 24, 1969; The foregoing concessioner has per enrollment criteria. 8:45 a.m.l formed his obligations under an expired I. Negotiated contracts. (1) Contracts contract to the satisfaction of the Na under section 302(c) (10) of the Federal tional Park Service and, therefore, pursu and Administrative Services Act of 1940 ASSISTANT AREA DIRECTORS, ant to the Act cited above, is entitled to (63 Stat. 377) as amended, for social and ALBUQUERQUE AREA OFFICE be given preference in the renewal of the contract and in the negotiation of a new welfare services required to carry out Redelegation of Authority program responsibilities of the Bureau, contract. However, under the Act cited subject to the conditions imposed by the April 7, 1969. above, the Secretary is also required to consider and evaluate all proposals re Administrator of General Services in the 1. The Assistant Area Directors, Bu ceived as a result of this notice. Any pro delegation of authority (18 F.R. 8738). reau of Indian Affairs, Albuquerque Area posal to be considered and evaluated (2) Short term contracts for special Office, N. Mex., are authorized to ex must be submitted within thirty (30) ized or technical personnel or profession ercise all the power and authority of the al services, subject to the conditions im days after the publication date of this Area Director of the Albuquerque Area notice. posed by the Administrator of General Office, as delegated by the Commissioner Services in delegation of authority (19 of Indian Affairs In 10 BIAM 3. This re Interested parties should contact the F.R. 275). Amdt. 7, 19 F.R. 1123. delegation also includes future authori Assistant to the Director for Concessions J. Conveyance of buildings and im ties of the Commissioner to the A rea’ Management, National Park Service, provements. ( 1) Conveyance to Indian Director. Washington, D.C. 20240, for information FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 No. 79- £ 6936 NOTICES as to the requirements of the proposed of such meeting. No notice of a n . ad Administrator, ASCS; Executive Vice Presi contract. journed meeting need be given. Any and dent. all business may be transacted at any General Sales Manager, EMS; Vice President. Dated: April 17,1969. Administrator, FAS; Vice President. special meeting unless otherwise indi Administrator, C&MS; Vice President. E dw ar d A. H u m m e l , cated in the notice thereof. Associate Administrator, ASCS; Vice Presi Associate Director, 5. The Secretary of Agriculture shall dent. National Park Service. serve as Chairman of the Board. In the Deputy Administrator, Commodity Opera tions, ASCS; Deputy Vice President. [F.R. Doc. 69-4944; Filed, Apr. 24, 1969; absence or unavailability of the Chair Deputy Administrator, State and County 8:45 a.m.] man, the President of the Corporation shall preside at meetings of the Board. Operations, ASCS; Deputy Vice President. Deputy Administrator, Management, ASCS; In the absence or unavailability of the Deputy Vice President. Chairman and the President, the Di Executive Assistant to the Administrator, DEPARTMENT OF AGRICULTURE rectors present at the meeting shall ASCS; Secretary. designate a Presiding Officer. Director, Fiscal Division, ASCS; Controller. Commodity Credit Corporation 6. At any meeting of the Board a Deputy Director (in Charge of Finance), Fis BYLAWS quorum shall consist of four Directors. cal Division, ASCS; Treasurer. The act of a majority of the Directors Deputy Director (in Charge of Accounting), Fiscal Division, ASCS; Chief Accountant. The bylaws of the Commodity Credit present at any meeting at which there is Corporation, amended April 11, 1969, a quorum shall be the act of the Board. The person occupying, in an acting ca are as follows : 7. The General Counsel of the Depart pacity, the office of any person designated O f fic e s ment of Agriculture, whose office shall ex officio by this paragraph 13 as an 1. The principal office of the Corpora perform all legal work of the Corporation, officer of the Corporation, shall, during tion shall be in the city of Washington, and the Deputy General Counsel of the his occupancy of such office, act as such District of Columbia, and the Corporation Department of Agriculture shall, as officer. shall also have offices at such other places General Counsel and Deputy General 14. Officers who do not hold office ex as it may deem necessary or desirable Counsel of the Corporation, respectively, officio shall be appointed by the Secretary in the conduct of its business. attend meetings of the Board. of Agriculture and shall hold office until 8. The Executive Vice President, the their respective appointments shall have S eal Vice President who is the Associate Ad been terminated. ministrator of the Agricultural Stabiliza 2. There is impressed below the official T h e P r e s id e n t seal which is hereby adopted for the tion and Conservation Service, the Vice Corporation. Said seal may be used by President who is the General Sales Man 15. The President shall be Vice Chair causing it or a facsimile thereof to be ager of the Export Marketing Service, man of the Board and shall have general impressed or affixed or reproduced. the Secretary and the Controller shall supervision and direction of the Corpora attend meetings of the Board. Each of tion, its officers and employees. the other Vice Presidents and Deputy T h e V ic e P r e sid e n t s Vice Presidents shall attend meetings of the Board during such times as the 16. (a) The Executive Vice President meetings are demoted to considera shall be the chief executive officer of the tion of matters as to which they have Corporation and shall be responsible for responsibility. submission of all policies and programs 9. Other persons may attend meetings to the Board. Except as provided in para of the Board upon specific authorization graphs (b ), (c), and (d) below, the by the Chairman or the President. Executive Vice President shall have gen eral supervision and direction of the C ompensation o f B oard D irecto rs preparation of policies and programs for 10. The compensation of each Director submission to the Board, of the adminis shall be prescribed by the Secretary of tration of the policies and programs ap Agriculture. Any director who holds proved by the Board, and of the day-to- M e e t in g s o f t h e B oard another office or position under the Fed day conduct of the business of the 3. Regular meetings of the Board shall eral Government, the compensation for Corporation and of its officers and be held without notice in the Board meet which exceeds that prescribed by the employees. ing room in the U.S. Department of Secretary of Agriculture for such Direc (b) The Vice President who is the Agriculture in the city of Washington, tor, may elect to receive compensation at Administrator, Foreign Agricultural D.C., on Tuesday of each week, or if that the rate provided for such other office or Service, shall be responsible for prepara day be a legal holiday, on the next suc position in lieu of compensation as a tion for submission by the Executive Vice ceeding business day, at 10 a.m., unless Director. President to the Board of those policies notice of another hour is given. O f fic e r s and programs of the Corporation which are for performance through the facili 4. Special meetings of the Board may 11. The officers of the Corporation be called at any time by the Chairman ties and personnel of the Foreign Agri shall be a President, Vice Presidents, and cultural Service. He shall also have re or by the President or the Executive Deputy Vice Presidents as hereinafter Vice President and shall be called by sponsibility for the administration of provided for, a Secretary, a Controller, these operations of the Corporation, un the Chairman, the President, or the a Treasurer, a Chief Accountant, and Executive Vice President at the written der policies and programs approved by such additional officers as the Secretary the Board, which are carried out through request of any four directors. Notice of of Agriculture may appoint. special meetings shall be given either facilities and personnel of the Foreign personally or by mail (including the 12. The Assistant Secretary of Agri Agricultural Service. He shall also per intradepartmental mail channels of the culture for International Affairs and form such special duties and exercise Department of Agriculture or interde Commodity Programs shall be ex officio such powers as may be prescribed from partmental mail channels of the Federal President of the Corporation. time to time by the Secretary of Agri Government) or by the telegram, and 13. The following officials of the Agri culture, the Board, or the President of notice by telephone shall be personal cultural Stabilization and Conservation the Corporation. notice. Any Director may waive in writing Service (referred to as ASCS), Export (c) The Vice President who is Ad such notice as to himself, whether before Marketing Service (referred to as E M S), ministrator, Consumer and Marketing Foreign Agricultural Service (referred to Service, shall be responsible for the ad or after the time of the meeting, and as FAS), and Consumer and Marketing ministration of those operations of the the presence of a Director at any meet Service (referred to as C&MS) shall be Corporation under policies and programs ing shall constitute a waiver of notice ex officio officers of the Corporation: approved by the Board relating to food FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6937 distribution, which are carried out safekeeping and disbursement of all of the Corporation, which shall include through facilities and personnel of the funds of the Corporation; shall desig the authority to settle and adjust claims Consumer and Marketing Service. He nate qualified persons to authorize dis by and against the Corporation arising shall also perform such special duties bursement of corporate funds; shall out of activities under their jurisdiction, and exercise such powers as may be direct the disbursement of funds by dis shall be discharged in conformity with prescribed from time to time by the Sec bursing officers of the Corporation or by these bylaws and applicable programs, retary of Agriculture, the Board, or the the Treasurer of the United States, Fed policies, and procedures. President of the Corporation. eral Reserve Banks and other fiscal (d) The Vice President who is theagents of the Corporation; and shall is B o n d s General Sales Manager of the Export sue instructions incidental thereto; shall 24. Such officers and employees of the Marketing Service shall be responsible be responsible for documents relating to Corporation, including officers and em for preparation for submission by the the general financing operations of the ployees of the Department of Agricul Executive Vice President to the Board of Corporation, including borrowings from ture who perform duties for the Corpo policies and programs of the Corporation the U.S. Treasury, commercial banks ration, as may be specified by the Sec which are for peformance through the and others; shall arrange for the pay retary of Agriculture, shall be bonded in facilities and personnel of the Export ment of interest on and the repayment such manner, upon such conditions, and Marketing Service. He shall also have re of such borrowings; shall arrange for the in such amounts as the Secretary of sponsibility for the administration of payment of interest on the capital stock Agriculture may determine. The Corpo those operations of the Corporation, un of the Corporation; shall coordinate and ration shall pay the premium of any der policies and programs approved by give general supervision to the claims bond or bonds. activities of the Corporation and shall the Board, which are carried out through C o n tr ac ts o f t h e C o r p o r a t io n facilities and personnel of the Export have authority to collect all monies due Marketing Service. He shall also perform the Corporation, to receipt therefor and 25. Contracts of the Corporation re such special duties and exercise such to deposit same for the account of the lating to any of its activities may be powers as may be prescribed, from time Corporation; and shall perform such executed in its name by the Secretary to time, by the Secretary of Agriculture, other duties relating to the fiscal and of Agriculture or the President. The the Board, or the President of the accounting affairs of the Corporation as Vice Presidents, the Deputy Vice Pres Corporation. may be prescribed from time to time by idents, the Controller, the Treasurer, the the Controller. Directors of the divisions and commodity 17. The Vice President who is the As offices of the Agricultural Stabilization sociate Administrator, Agricultural Sta T h e C h ie f A c c o u n t a n t and Conservation Service may execute bilization and Conservation Service, and 21. The Chief Accountant, under the contracts relating to the activities of the the Deputy Vice Presidents shall assist general supervision and direction of the Corporation for which they are respec the Executive Vice President in the per Controller, shall have charge of the gen tively responsible. formance of his duties and the exercise eral books and accounts of the Corpora 26. The Executive Vice President who of his powers to such extent as the Pres tion and the preparation of financial is the Administrator of ASCS and, sub ident or the Executive Vice President statements and reports. He shall be re ject to the written approval of appoint shall prescribe, and shall perform such sponsible for the initiation, preparation ment by such Executive Vice President, special duties and exercise such powers and issuance of policies and practices re the Vice Presidents, the Deputy Vice as may be prescribed from time to time lated to accounting matters and proce Presidents, the Controller, and the Direc by the Secretary of Agriculture, the dures, including official inventories, rec tors of the divisions and commodity Board, the President of the Corporation, ords, accounting and related office pro offices of the Agricultural Stabilization or the Executive Vice President of the cedures where standardized, and ade and Conservation Service may appoint, Corporation. quate subsidiary records of revenues, ex by written instrument or instruments, T h e S ecr etar y penses, assets and liabilities; and shall such Contracting Officers as they deem perform such other duties relating to the 18. The Secretary shall attend and necessary, who may, to the extent au fiscal and accounting affairs of the Cor thorized by such instrument or instru keep the minutes of all meetings of the poration as may be prescribed from time Board; shall attend to the giving and ments, execute contracts in the name of to time by the Controller. the Corporation. A copy of each such serving of all required notices of meet O t h er O f f ic ia l s instrument shall be filed with the ings of the Board; shall sign all papers Secretary. and instruments to which his signature 22. Except as otherwise authorized by shall be necessary or appropriate; shall 27. Appointments of Contracting Of the Secretary of Agriculture or the ficers may be revoked by written instru attest the authenticity of and affix the Board, the operations of the Corpora ment or instruments by the Executive seal of the Corporation upon any instru tion shall be carried out through the fa Vice President or by the official who ment requiring such action; and shall cilities and personnel of the Agricultural made the appointment. A copy of each perform such other duties and exercise Stabilization and Conservation Service, such instrument shall be filed with the such other powers as are commonly inci the Foreign Agricultural Service, the Ex Secretary. dental to the office of Secretary as well port Marketing Service, and the Con 28. In executing a contract in the name as such other duties as may be prescribed sumer and Marketing Service, in accord of the Corporation, an official shall indi from time to time by the President or ance with any assignment of functions cate his title. the Executive Vice President. and responsibilities made by the Secre A n n u a l R epo r t T h e C o n t r o lle r tary of Agriculture and, within his re spective agency, by the Administrator of . 29. The Executive Vice President shall 19. The Controller shall have charge the Agricultural Stabilization and Con be responsible for the preparation of an of all fiscal and accounting affairs of the servation Service, the Administrator of annual report of the activities of the Cor Corporation, including all borrowings the Foreign Agricultural Service, the poration, which shall be filed with the and related financial arrangements, General Sales Manager of the Export Secretary of Agriculture and with the claims activities, and formulation of Marketing Service, or the Administrator Board. prices in accordance with established of the Consumer and Marketing Service. A m e n d m e n t s policies; and shall perform such other 23. The Directors of the divisions and duties as may be prescribed- from time to 30. These bylaws may be altered or commodity offices of the Agricultural amended or repealed by the Secretary of time by the President or the Executive Stabilization and Conservation Service Vice President. Agriculture, or subject to his approval shall be contracting officers and execu by action of the Board at any regular T he T reasurer tives of the Corporation in general charge meeting of the Board or at any special of the activities of the Corporation car meeting of the Board, if notice of the 20. The Treasurer, under the general ried out through their respective divi supervision and direction of the Con proposed alteration, amendment, or re sions or offices. The responsibilities of peal be contained in the notice of such troller, shall have charge of the custody, such Directors in carrying out activities special meeting. FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 6938 NOTICES A ppr o va l o f B oard A c t io n certain approvals were granted or 22-2G, Rev. A, dated November 21, 1968, terminated, as described in this docu manufactured by Marine Safety Equip 31. The actions of the Board shall be ment during the period from Decem ment Corp., Foot of Wycoff Road, Farm- subject to the approval of the Secretary ber 27,1968, to February 6,1969 (List Nos. ingdale, N.J. 07727, effective Decem of Agriculture or the Assistant Secretary 4-69 and 5-69). These actions were ber 27, 1968. for International Affairs and Commod taken in accordance with the procedures F ir e -P r o t e c t iv e S y s t e m s ity Programs. set forth in 46 CFR 2.75-1 to 2.75-50, in [ seal ] L io n e l C . H o l m , clusive. For certain types of equipment, Approval No. 161.002/1/1, supervised Secretary, installation and materials, specifications automatic fire detecting and manual fire Commodity Credit Corporation. have been prescribed by the Com alarm system consisting of a control unit (dwgs. 55-120, Alt. 4 and 55-121, Alt. 5);, [F.R; Doc. 69-4971; Filed, Apr. 24, 1969; mandant and are published in 46 CFR 8:47 a.m.] Parts 160 to 164, inclusive (Subchapter manual fire alarms boxes, Types I and II Q—Specifications). (dwg. 55-111-1, Alt. 3), and Engine Room 2. The statutory authorities for grant Gong (dwg. 20-163, Alt. 9), this system Office of the Secretary ing approvals of equipment and the requires both 115-volt, 60-cycle a.c. and delegation of authority to the Com 115-volt, d.c. input supply, the a.c. supply PACKERS AND STOCKYARDS mandant, U.S. Coast Guard, are set forth must come from the ship’s temporary ADMINISTRATION with the specific specifications governing emergency a.c. bus (as opposed to a tem the item and are set forth in 46 CFR porary emergency a.c./d.c. bus), the 115- Statement of Organization and Parts 160 to 164, inclusive (Subchapter volt, d.c. source should be suitable for the Delegations Q—Specifications) . The general author power failure alarm, manufactured by Pursuant to the authority contained in ities regarding approvals are set forth Henschel Corp., Amesbury, Mass. 01913, 5 U.S.C. 301 and Reorganization Plan No. in sections 367, 375, 390b, 416, 481, 489, effective January 31, 1969. (It supersedes 2 of 1953, Secretary’s order dated Novem 526p, and 1333 in title 46, United States Approval No. 161.002/1/1 dated Apr. 30, ber 27,1964 (29 F.R. 16210), as amended, Code, section 1333 in title 43, United 1964 to show minor changes.) is amended by adding a new section 199 States Code, section 198 in title 50, United S a f e t y V alv e s ( P o w e r B o il e r s ) assigning functions to the Packers and States Code, while the implementing Approval No. 162.001/64/2, Type Series Stockyards Administration. Public no regulations requiring such equipment are 1515B, carbon steel body pop safety valve, tice was given in 32 F.R. 7186 of the es in 46 CFR Ch. I. The delegation of au tablishment of the Administration effec thority for the Commandant, U.S. Coast exposed spring, maximum pressure 600 p.s.i., maximum temperature 750° F., tive May 8, 1967. Section 199 will read Guard, to take appropriate actions with respect to approvals is set forth in dwg. No. 3VH953, revised November 10, as follows: 1953, approved for the following sizes and S e c . 199. Assignment of functions. The section 632 of title 14, United States Code, following assignment of functions is and the delegation in 49 CFR 1.4(a) (2). type numbers: hereby made to the Packers and Stock- 3. In this document are listed the ap Size yards Administration: provals which shall be in effect for a (inches) Type No. a. Administration of the Packers and period of 5 years from the date issued i y 2 ____ 1515HB Stockyards Act, 1921, as amended (7 unless sooner canceled or suspended by 2 ______1515JB proper authority. 2% ______1515KB U.S.C. 181-229). 3 ___ 1515LB b. Enforcement of the Truth in Lend L ife b o a t W in c h e s for M e r c h a n t V essels ing Act (15 U.S.C. 1601-1665) with re Manufactured by Dresser, Industrial spect to any activities subject to the Approval No. 160.015/95/1, hydraulic Valve and Instrument Division, Post O f Packers and Stockyards Act, 1921, as launching system for Brucker Survival fice Box 1430, Alexandria, La. 71301, amended. Capsule; approved as an alternate to a formerly Manning, Maxwell and Moore, c. Executing assigned civil defense and lifeboat winch for a maximum lowering Inc., effective February 6, 1969. (It is defense mobilization activities. load of 10,290 pounds on a single fall in an extension of Approval No. 162.001/ combination with a ram and five-fold 64/2 dated Mar. 24, 1964, and change of Done at Washington, D.C., this 22d purchase; identified by system drawing name of manufacturer.) day of April 1969. 8089-006-3, revision E, dated January 14, Approval No. 162.001/65/2, Type Series 1969, and launching platform drawings C lif f o r d M . H a r d in , 1515C, alloy steel body pop safety valve, Secretary of Agriculture. 8089-005-1, revision E, dated August 1, exposed spring, maximum pressure 600 1968, or 8089-005-2, revision A, dated p.s.i., maximum temperature 900° F., [F.R, Doc. 69-4972; Filed, Apr. 24, 1969; August 1, 1968, approved for use only on 8:48 a.m.] dwg. No. 3VH953, revised November 10, non-self-propelled drilling rigs, artificial 1953, approved for the following sizes islands and fixed structures, fabricated by and type numbers: Conseco, Inc., Division of Whittaker Corp., 13951 Washington Avenue, San Size DEPARTMENT OF Leandro, Calif. 94578, for Whittaker (inches) _ Type No. Corp., 5159 Baltimore Drive, La Mesa, i y 2 ...... 1515HC TRANSPORTATION Calif. 92042, effective February 4, 1969. 2...... 1515JC 2 y2 ______1515KC Coast Guard (It supersedes Approval No. 160.015/95/0 3 ______1515LC [CG FR 69-41] dated Aug. 9, 1968 to show change in design.) Manufactured by Dresser Industrial EQUIPMENT, INSTALLATIONS, OR Valve and Instrument Division, Post L ife b o a t s for M e r c h a n t V essels MATERIALS Office Box 1430, Alexandria, La. 71301, Approval No. 160.035/409/0, 26.0' x formerly Manning, Maxwell and Moore Approval Notice 9.0' x 3.83' aluminum oar-propelled life Inc., effective February 6, 1969. (It is an 1. Various items of lifesaving, fire boat, 53-person capacity identified by extension of Approval No. 162.001/65/2 fighting and miscellaneous equipment, general arrangement dwg. No. 26-001-03 dated Mar. 24,1964, and change of name installations, and materials used on ves Rev. A, dated January 2, 1969, manufac of manufacturer.) sels subject to Coast Guard inspection or tured by Lane Lifeboat and Davit Corp., Approval No. 162.001/66/2, Type Series on certain motorboats and other pleasure 150 Sullivan Street, Brooklyn, N.Y. 11231, 1515A, carbon steel body pop safety craft are required by various laws and effective January 22, 1969. valve, exposed spring, maximum pres regulations in 46 CFR Chapter I to be Approval No. 160.035/457/0, 22.0' x sure 600 p.s.i., maximum temperature of types approved by the Commandant, 7.5' x 3.17' aluminum, motor-propelled 650° F., dwg. No. 3VH953, revised Novem U.S. Coast Guard. The purpose of this Class 1 lifeboat, 28-person capacity, iden ber 10, 1953, approved for the following document is to notify all concerned that tified by general arrangement dwg. No. sizes and type numbers; FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6939 Size Size (inches) Type No. formerly Manning, Maxwell and Moore, ( ) inches Type No. 1 % ...... ____ 1415FC Inc., effective February 6, 1969. (It is an 1% ...... _ „ ...... 1515HA iy2 ------___ 1415GC extension of Approval No. 162.001/155/1 2 ...... 1515JA 1% ...... — ___ 1415HC dated Mar. 24,1964, and change of name 2 y2 ...... 1515KA 2 ______1415HC of manufacturer.) 3 ______1515LA 2% ...... , ------____ 1415JC 3 ______1415KC Approval N o." 162.001/156/1, Type Manufactured by Dresser industrial 4 ______1415LC Series 1555D, alloy steel body pop safety Valve and Instrument Division, Post 4 ______♦♦1415NO valve, exposed spring, maximum pres Office Box 1430, Alexandria, La. 71301, ♦♦Maximum pressure limited to 460 p.s.i. sure 600 p.s.i., maximum temperature formerly Manning, Maxwell and Moore, for size 4", Type 1415NC. 1,000° F., dwg. No. 3VD953, revised No Inc., effective February 6, 1969. (It is an vember 10,1953, approved for the follow extension of Approval No. 162.001/66/2 Manufactured by Dresser Industrial ing sizes and type numbers: Valve and Instrument Division, Post dated Mar. 24, 1964, and change of name Size of manufacturer.) Office Box 1430, Alexandria, La. 71301, formerly Manning, Maxwell and Moore, ( inches) Type No. Approval No. 162.001/141/1, Type Inc., effective February 6, 1969. (It is an 1 y2 ______1555HD Series 1415A, carbon steel body pop safe extension of Approval No. 162.001/143/1 2 ...... 1555JD ty valve, exposed spring, maximum pres 2 y2 ______1555KD dated Mar. 24, 1964, and change of name 3 ______1555LD sure 600 p.s.i., maximum temperature of manufacturer.) 650° F., dwg. No. 3VA953, ¡revised Novem Approval No. 162.001/153/1, Type Manufactured by Dresser Industrial ber 10, 1953, approved for the following Series 1555A, carbon steel body pop safety Valve and Instrument Division, Post sizes and type numbers: valve, exposed spring, maximum pressure Office Box 1430, Alexandria, La. 71301, Size 600 p.s.i., maximum temperature 650° F., formerly Manning, Maxwell and Moore, (inches) Type No. dwg. No. 3VD953, revised November 10, Inc., effective February 6, 1969. (It is an iy 2 ------______1415FA 1953, approved for the following sizes extension of Approval No. 162.001/156/1 1 % ...... ______1415GA and type numbers: dated Mar. 24, 1964, and change of name iy 2 ------______1415JA of manufacturer.) 1415HA Size ( inches) Type No. 2 ______Approval No. 162.001/158/1, Type 2 % ...... - ______1415JA iy 2 ______1555HA 3 ______1415KA 2 ______1555JA Series 1556A, carbon steel body pop 4 ______1415LA 2y2 ______1555KA safety valve, exposed spring, maximum 4 ______... * *1415NA 3 ______1______1555LA pressure 900 p.s.i., maximum tempera ture 650° F., dwg. No. 3VG953, revised ♦♦Maximum pressure limited to 450 p.s.i. Manufactured by Dresser Industrial November 10, 1953, approved for the fol for size 4 ", Type 1415NA. Valve and Instrument Division, Post lowing sizes and type numbers: Manufactured by Dresser Industrial Office Box 1430, Alexandria, La. 71301, Size ( inches) Type No. Valve and Instrument Division, Post formerly Manning, Maxwell and Moore, Inc., effective February 6, 1969. (It is an 1 y2 __------1556HA Office Box 1430, Alexandria, La. 71301, 2 ______1556JA effective February 6,1969. (It is an exten extension of Approval No. 162.001/153/1 dated Mar. 24,1964, and change of name 2% ______1556KA sion of Approval No. 162.001/141/1 dated 3 ______1 5 5 6 L A Mar. 24, 1964, and change of name of of manufacturer.) manufacturer.) Approval No. 162.001/154/1, Type Manufactured by Dresser Industrial Series 1555B, carbon steel body pop safety Approval No. 162.001/142/1, Type Valve and Instrument Division, Post O f valve, exposed springs, maximum pres Series 1415B, carbon steel body pop safe fice Box 1430, Alexandria, La. 71301, sure 600 p.s.i., maximum temperature ty valve, exposed spring, maximum pres formerly Manning, Maxwell and Moore, 750? F., dwg. No. 3VD953, revised No sure 600 p.s.i., maximum temperature Inc., effective February 6, 1969. (It is an vember 10,1953, approved for the follow extension of Approval No. 162.001/158/1 750° F., dwg. No. 3VA953, revised Novem ing sizes and type numbers: dated Mar. 24, 1964, and change of name ber 10, 1953, approved for the following of manufacturer.) sizes and type numbers: Size ( inches) Type No. i y 2 ______1555HB Approval No. 162.001/160/1, Type Size 2 ______1555JB Series 1556B, carbon steel body pop (inches) Type No. 2 y2 ______1555KB safety valve, exposed spring, maximum iy 2 ------______1415FB 3 ______1555LB ______1415GB pressure 900 p.s.i., maximum tempera 1 % ------ture 750° F „ dwg. No. 3VG953, revised 1 J/2 ...... 1415HB Manufactured by Dresser Industrial 2 ______1415HB Valve and Instrument Division, Post November 10, 1953, approved for the fol 2 ft ...... ______1415JB Office Box 1430, Alexandria, La. 71301, lowing sizes and type numbers: 3 ______.. . 1415KB formerly Manning, Maxwell and Moore, Size 4 ______1415LB Inc., effective February 6, 1969. (It is an (inches) Type No. 4 ______♦♦1415NB extension of Approval No. 162.001/154/1 1 y2...... 1556HB ♦♦Maximum pressure limited to 450 p.s.i. dated Mar. 24, 1964, and change of name 2 ------______1556JB for size 4 ", Type 1415NB. of manufacturer.) 2% ------1556KB Manufactured by Dresser Industrial Approval No. 162.001/155/1, Type 3 ------1556LB Valve and Instrument Division, Post Series 1555C, alloy steel body pop safety Manufactured by Dresser Industrial Office Box 1430, Alexandria, La. 71301, valve, exposed spring, maximum pres Valve and Instrument Division, Post O f formerly Manning, Maxwell and Moore, sure 600 p.s.i., maximum temperature fice Box 1430, Alexandria, La. 71301, Inc., effective February 6, 1969. (It is an 900° F., dwg. No. 3VD953, revised Novem formerly Manning, Maxwell and Moore, extension of Approval No. 162.001/142/1 ber 10, 1953, approved for the following Inc., effective February 6, 1969. (It is an dated Mar. 24, 1964, and change of name sizes and type numbers: extension of Approval No. 162.001/160/1 of manufacturer.) Size dated Mar. 24, 1964, and change of name Approval No. 162.001/143/1, Type (inches) Type No. of manufacturer.) Series 1415C, alloy steel body pop safety iy 2 _------1555HC Approval No. 162.001/162/1, Type 2 ...... _...... 1555JC valve, exposed spring, maximum pres Series 1556C, alloy steel body pop safety 2y2 ...... ___ 1555KC valve, exposed spring, maximum pressure sure 600 p.s.i., maximum temperature 3 ...... 1555LC 900 p.s.i-r, maximum temperature 900° F., 900° F., dwg. No. 3VA953, revised No Manufactured by Dresser Industrial dwg. No. 3VG953, revised November 10, vember 10,1953, approved for the follow Valve and Instrument Division, Post 1953, approved for the following sizes and ing sizes and type numbers: Office Box 1430, Alexandria, La. 71301, type numbers: FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 6940 NOTICES Size Manufactured by Dresser Industrial vacuum relief valves, vacuum only, with (inches) Type No. Valve and Instrument Division, Post ASTM A-351 Grade CF-8, pressure parts, 1% ______1556HC Office Box 1430, Alexandria, La. 71301, approved for 25 p.s.i. maximum operating 2 ______I556JC formerly Manning, Maxwell and Moore, pressure, liquefied flammable gas service, 2% ______1556KC Inc., effective February 6, 1969. (It is an manufactured by Midland Manufactur 3 ...... 1556LC extension of Approval No. 162.001/171/1 ing Co., 7733 Gross Point Road, Skokie, Manufactured by Dresser Industrial dated Mar. 24,1964, and change of name HI. 60076, effective January 22, 1969. Valve and Instrument Division, Post O f of manufacturer.) B a c k f ir e F l a m e C o n t r o l , G a s o lin e fice Box 1430, Alexandria, La. 71301, Approval No. 162.001/173/1, Type Se E n g i n e s ; F l a m e A r r ester s: fo r M er formerly Manning, Maxwell and Moore, ries 1557C, alloy steel body pop safety c h a n t V e s se ls an d M otorboats Inc., effective February 6, 1969. (It is an valve, exposed spring, maximum pres extension of Approval No. 162.001/162/1 sures 1,200 p.s.i. and 1,500 p.s.i., maxi Approval No. 162.041/105/0, Bendix dated Mar. 24,1964, and change of name mum temperature 900° F., dwg. Nos. Model B175-43 backfire flame arrestor, of manufacturer.) 3VE953 and 3VF953, revised Novem dwg. No. B175-43 dated January 7, 1969, manufactured by Bendix, Fuel Devices Approval No. 162.001/164/1, Type ber 10, 1953, approved for the following sizes and type numbers: Division, 696 Hart Avenue, Detroit, Series 1556D, alloy steel body pop safety Mich. 48214, effective January 28, 1969. valve, exposed spring, maximum pressure Typ e No. Dated: April 21, 1969. 900 p.s.i„ maximum temperature 1,000° Size (inches) F., dwg. No. 3VG953, revised November 1,200 p.s.i. 1,500 p.s.i. W . J. S m it h , 10, 1953, approved for the following sizes Admiral, U.S. Coast Guard and type numbers: V 4 ~ 1657FC Commandant. 2____ 1657HC 1557GC Size ( inches) Type No. 2 f t - . 1657JC 1557HC [F.R. Doc. 69-4950; Filed, Apr. 24, 1969; 1 y2______1556HD 3 ______1657KC 1557JC 4 ______1557LC . 8:46 a.m.] 2 ______1556JD 2 y2______1556KD 3 ______1556LD Manufactured by Dresser Industrial Valve and Instrument Division, Post O f Manufactured by Dresser Industrial fice Box 1430, Alexandria, La. 71301, FEDERAL COMMUNICATIONS Valve and Instrument Division, Post O f formerly Manning, Maxwell and Moore, fice Box 1430, Alexandria, La. 71301, Inc., effective February 6, 1969. (It is an COMMISSION formerly Manning, Maxwell and Moore, extension of Approval No. 162.001/173/1 [Docket No. 18524; FCC 69-401] Inc., effective February 6, 1969. (It is an dated Mar. 24,1964, and change of name extension of Approval No. 162.001/164/1 of manufacturer.) BERNARD RAPPAPORT (WGTI TV) dated Mar. 24,1964, and change of name Approval No. 162.001/175/1, T y p e of manufacturer.) Series 1557D, alloy steel body pop safety Memorandum Opinion and Order Approval No. 162.001/169/1, Type valve, exposed spring, maximum pres Designating Application for Hearing Series 1557A, carbon steel body pop safe sures 1,200 p.s.i. and 1,500 p.s4., maxi On Stated Issues ty valve, exposed spring, maximum pres mum temperature 1,000° F., dwg. Nos. sures 1,200 p.s.i. and 1,500 p.s.l., maxi 3VE953 and 3VF953, revised Novem In re application of Bernard Rappa- mum temperature 650° F., dwg. Nos. ber 10, 1953, approved for the following port [W G T I (TV)1, Philadelphia, Pa., 3VE953 and 3VF953, revised November sizes and type numbers: Docket No. 18524, File No. BMPCT-5818; 10, 1953, approved for the following sizes for extension of construction permit. 1. The Commission has before it for and type numbers: Type No. Size (inches) consideration (a) the above-captioned Type No. 1,200 p.s.i. 1,500 p.s.i. application; (b) a petition filed by MG- Size (inches) TV Broadcasting Co. that requests dis 1,200 p.s.i. 1,500 p.s.i. VA-- 1557FD missal of the above-captioned applica 2______1557HD 1557GD tion and opposition pleadings; (c) the ...... 1557FA m . . . 1557JT) 1557HD 2___ 1557HA 1557GA 3 ...... 1557KD 1557JD Commission’s memorandum opinion and 2JS._ 1557JA 1557HA 4 ...... 1557LD order granting the above-captioned ap 3 . .. . 1557KA 1557JA 4___ 1557LA ...... plication and an application (BAPCT- Manufactured by Dresser Industrial 393) for assignment of the construction Valve and Instrument Division, Post Of Manufactured by Dresser Industrial permit to Seven Arts Broadcasting Co., fice Box 1430, Alexandria, La. 71301, Inc., Bernard Rappaport (W G T I), 8 Valve and Instrument Division, Post formerly Manning, Maxwell and Moore, Office Box 1430, Alexandria, La. 71301, FCC 2d 982, 10 R.R. 2d 612, adopted Inc., effective February 6, 1969. (It is an July 5, 1967; and (d) the decision of the formerly Manning, Maxwell and Moore, extension of Approval No. 162.001/175/1 Inc., effective February 6, 1969. (It is an U.S. Court of Appeals for the District of dated Mar. 24, 1964, and change of name Columbia Circuit M G -TV Broadcasting extension of Approval No. 162.001/169/1 of manufacturer.) dated Mar. 24,1964, and change of name Company v. Federal Communications of manufacturer.) P r essure V a c u u m R e l ie f V alv e s and Commission, Case No. 21,224,______U.S. S p il l V a lves fo r T a n k V e sse ls App. D .C .______, ____F. 2 d ,------Approval No. 162.001/171/1, Type Se 14 R.R. 2d 2113 (1968), reversing the ries 1557B, carbon steel body pop safety Approval No. 162.017/103/0, Type A— Commission’s decision and remanding valve, exposed spring, maximum pres 205, A-205-W, A-208, A-208-W, A-215, the matter to the Commission for further sures 1,200 p.s.i. and 1,500 p.s.i., maxi A-215-W, A-220, and A-220-W, pressure consideration. mum temperature 750° F., dwg. Nos. vacuum relief valves, vacuum only, with 2. In our memorandum opinion and 3VE953 and 3VF953, revised Novem ASTM A-352 Grade LCB pressure parts, order Bernard Rappaport (WGTI), 8 ber 10, 1953, approved for the following 20 ft.-lbs. charpy “V” notch energy min FCC 2d 982, 10 R.R. 2d 612, adopted sizes and type numbers : imum, approved for 25 p.s.i. maximum July 5, 1967, we granted the applications operating pressure at —30° F. minimum of Bernard Rappaport (Rappaport) for operating temperature, for liquefied Type No. extension of time within which to com Size (inches) flammable gas service, manufactured by plete construction of Station W G TI (TV) 1,200 p.si. 1,500 p.s.i. Midland Manufacturing Co., 7733 Gross and for assignment of the W G T I con Point Road, Skokie, 111. 60076, effective | struction permit to Seven Arts Broad 1557FB January 22,1969. 2____ 1557HB 1557GB casting Co., Inc (Seven A rts); dismissed 1557JB 1557HB Approval No. 162.017/104/0, Type 3 .... 1557KB 1557JB A-207, A-207-W, A-209, A-209-W, A-217, the petitions to deny the assignment ap 4 .__ 1557LB . A-217-W, A-222, and A-222-W, pressure plication which were filed by New Jersey FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6941 Television Broadcasting Corp. and W IBP ing to Rappaport that a further ex of the station. The following excerpt Broadcasting Co., and dismissed the peti tension request would not be granted concerning his health was included in tion filed by M G -TV Broadcasting Co. without a hearing unless substantial the affidavit: (M G -TV) against a grant of the exten progress had been shown toward the For some time since 1960, I had been feel sion and assignment applications and completion of construction. The letter ing poorly, due to a cardiac condition. As a returned as unacceptable for filing the also indicated that by substantial prog matter of fact, as indicated in the affidavit tendered application of M G -TV for a ress the Commission did not mean “mere of my doctor, Abraham Andrews, M.D., which construction permit to operate on chan paper negotiations”, but rather the pur has been already associated with this appli nel 23. M G -TV appealed the Commis chase and delivery of equipment and the cation, I have been under the care of a sion’s decision and the Court of Appeals, construction of the facilities. The Com doctor. Due to the physical strain from trying in reversing the Commission’s action, mission also requested that the per to simultaneously conduct my men’s fur nishing and television business, I began to stated that the Commission had erred in mittee submit a report within 60 days of feel poorly and tired and complain of my failing to consider M G -TV’s argument actual progress toward the completion physical condition. Because of these compli that .the extension application should be of construction.1 cations, I was unable to devote any apprecia denied and the construction permit 5. On January 29, 1963, Rappaport ble time to establishment of the television canceled. filed the pending application (BM PCT- station. However, it was still my intention to 3. We have reexamined our decision 5818) for an extension of the completion complete construction and to operate the that Rappaport’s extension application date to July 30, 1963. Simultaneously, television station. should be granted and for the reasons Rappaport also filed an application In July 1962, I was confined to bed with (BAPCT-327) for assignment of the complications of my cardiac and sciatica discussed below, we are of the view that conditions. My condition so impaired my the grant should be set aside and the construction permit to New Jersey Tele activities that I received for a period of ap application designated for evidentiary vision Broadcasting Corp. (New Jersey proximately 8 weeks compensation from the hearing on the question of whether the Television), licensee of Television Metropolitan Life Insurance Co. for total and failure to complete construction was due Broadcast Station WNJU-TV, Channel partial disability. O f course, prior to this to causes not under the permittee’s con 47, Linden, N.J. The appropriate ques time, I was examined by the doctors of the trol or whether the reasons stated in tions contained in the extension appli insurance company, so that Metropolitan support of the extension request consti cation concerning the extent of construc could be assured that I met the requirements of eligibility for payments under these tute a showing of other matters sufficient tion and ordering of equipment all re policies. Because I began to fear about the to warrant further extension within the ferred to the following statement of physical strain on my health, if I were to meaning of section 319(b) of the Com Rappaport which was attached as an continue my fu ll activities, and on the advice munications Act of 1934, as amended, exhibit to the extension application: of my doctor, I began to consider an offer and § 1.534(a) of the Commission’s rules. After the grant of extension of time to con for assignment of my construction permit In view of our determination, it will be struct in July 1962, and before I could un which had been made by Mr. Edward Cooperstein, president of New Jersey Tele necessary for us to set aside our grant dertake further plans to construct following vision Corp. of the assignment application and to recovery from my illness, I was approached withhold further action on that appli by a representative of New Jersey Television Rappaport indicated in the affidavit that cation pending the outcome of the hear Broadcasting Corp., then applicant, and now during the summer of 1962, he began ing on the extension application. The permittee of Channel 47, Linden, N.J., with an offer to use the facilities to be constructed considering an earlier offer to buy the manifest interest of M G -TV and Seven under my permit to widen and improve the station made by New Jersey Television Arts in the resolution of the question of service I had intended to render to the Phila and he made an offer to the proposed as whether Rappaport’s extension applica delphia and South Jersey area. signee in September 1962 with negotia tion should be granted is clear and there * * * I continued to negotiate with the tions successfully being completed in fore, we shall make them parties to this New Jersey Television Broadcasting Corp., December 1962. The affidavit concluded proceeding. management and signed an agreement with by indicating that Rappaport would be them on December 22, 1962 * * *. 4. On August 22, 1961, Rappaport filed I respectfully request a further extension active in the sales field for the station an application (BPCT-2913) for a con of my Channel 23 construction permit to under the assignee and that he would struction permit for a new television enable me to conclude the proposed trans move from New York City to Philadelphia broadcast station to operate on Channel fer and to enable the New Jersey Television in that event. 23, Philadelphia, Pa. This application Broadcasting Corp. to proceed with its con 8. The application for assignment of was granted on November 30, 1961, and struction plans for Channel 23. the construction permit to New Jersey the construction permit specified that The extension application contained no Television was contested in petitions to construction be commenced by Janu indication that equipment had been de deny which raised questions concerning ary 30, 1962, and completed by July 30, livered or installed or that equipment had the qualifications of the proposed as 1962. On June 29, 1962, Rappaport filed been ordered. Furthermore, Rappa signee.2 On October 24, 1966, Rappaport an application (BMPCT-5756) -for an port did not indicate that ill health advised the Commission that the agree extension of time within which to com had prevented his commencement of ment for sale of the construction permit plete construction of the station. The construction. to New Jersey Television had been termi application indicated that installation of 6. In November 1963, the following nated and that on September 26, 1966, equipment had not started and that affidavit from Rappaport’s doctor was he had signed an agreement assigning equipment had not been delivered. filed concerning the state of Rappaport’s the permit, subject to Commission Questions asking from whom the equip health: consent, to Seven Arts and that an ment was ordered, the date of ordering assignment application would be filed. and the promised date of delivery, if any, This is to certify that Mr. Bernard Rappa port of 161 Exeter Street, Brooklyn, N.Y., Consequently, on November 1, 1966, the were left blank. Rappaport gave the has-been -under my care for myocardial Commission dismissed the New Jersey following explanation for the delay: schemia, since September 28, 1960. Television assignment application. Sub The reason why construction cannot be He has been examined and had cardiograms sequently, on November 25, 1966, Rappa completed within the time specified is that done on numerous occasions since then. port filed an application (BAPCT-393) His condition is such that his activities, during the first part of this year I was for assignment of the construction per suffering from general ill health, because of both mental and physical, must be greatly which I did not feel up to the task of es restricted, Either may prove dangerous to mit to Seven Arts. tablishing a new television station. However, his life or health. 9. In opposing a grant of the extension I now feel that I am well enough to com 7.. In May 1964, an affidavit was filed application, M G -TV asserts that since mence construction of the station. by Rappaport which detailed his earlier Rappaport failed to comply with the On August 13, 1962, the extension appli activities in exploring the Philadelphia cation was granted and a completion market looking toward the establishment date of January 30, 1963, was specified. 2 The nature of these questions are set forth in our prior opinion (Bernard Rappa The letter advising of the grant of the 1 Commission files contain no record of port (WGTT), supra, and need not be extension application contained a warn any such report filed by Rappaport. repeated here. FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6942 NOTICES express conditions set forth by the Com be resolved in an evidentiary hearing, the ance stating an intention to appear on mission in granting the previous exten question of whether grant of the exten the date set for the hearing and present sion application, that no further exten sion application in such circumstances evidence on the issues specified in this sion would be granted absent substantial would be contrary to the public interest order. showing of progress, the construction is not before us. I f the permittee is un 17. I t is further ordered, That, the permit “lapsed by its own terms” and the able to demonstrate that he was pre applicant herein shall, pursuant to sec channel is therefore available for appli cluded from completing construction be tion 311(a)(2) of the Communications cation. In the alternative, M G -TV alleges cause of reasons beyond his control, then Act of 1934, as amended, and § 1.594 of that since Rappaport has not shown dili his extension application would be de the Commission’s rules, give notice of gence in proceeding with construction or nied and his construction permit can the hearing within the time and in the that causes beyond his control have pre celed. However, in the event that the manner prescribed in such rule, and vented him from completing construc permittee establishes that reasons be shall advise the Commission of the publi tion, it would be inconsistent with the yond his control precluded his completion cation of such notice as required by public interest and an abuse of Commis of construction, it is our tentative judg § 1.594(g) of the rules. ment that a grant of his extension ap sion discretion to grant the extension ap Adopted: April 16,1969. plication for the sole purpose of permit plication would be in the public inter ting Rappaport to sell the construction est. Having a viable construction permit, Released: April 22,1969. the permittee could then assign the per permit to another party. F ederal C ommunications mit to a proposed assignee who possesses 10. We must reject M G -TV’s conten C o m m is s io n ,4 the required qualifications. We believe tion that Rappaport’s construction per [ s e a l ] B e n F. W a p l e , mit “ lapsed by its own terms” since it that our determination in this regard is Secretary. is established that a construction permit consistent with the court’s decision in this case, since the court indicated only [F.R. Doc. 69-4967; Filed, Apr. 24, 1969; does not lapse until the Commission de 8:47 am .] clares it forfeited.3 However, we are of the that our prior action granting the exten view that Rappaport has not supported sion and assignment applications could his request for a grant of his extension not be sustained because our opinion did application. Rappaport held the con not address itself to the question of FEDERAL MARITIME COMMISSION struction permit for Station W G TI from whether the failure to complete construc November 30,1961, until July 5,1967, the tion was due to causes not under the per MARINE EXPRESS LINE date of our grant of the pending exten mittee’s control. By the hearing ordered sion and assignment applications and herein, a record will be established which Notice of Petition Filed for Approval during that time, construction of the sta will form a basis for determining whether Notice is hereby given that the follow tion had not commenced and equipment the extension application can be granted. ing petition has been filed with the Com had not been ordered. While Rappaport 12. I t is ordered, That, the above- mission for approval pursuant to sec had attributed his initial delay in pro captioned application of Bernard Rappa tion 14b of the Shipping Act, 1916, 'as ceeding with construction to his ill port is designated for hearing at a time amended (75 Stat. 762, 46 U.S.C. 814). health, it would appear from the affi and place to be specified in a subsequent Interested parties may inspect a copy davit submitted by his doctor in Novem order, upon the following issues: of the proposed contract form and of the ber 1963, that Rappaport was in ill (1) To determine, pursuant to section petition at the Washington office of the health at the time that he filed his ap 319(b) of the Communications Act of Federal Maritime Commission, 1495 I plication for a construction permit to 1934, as amended, and § 1.534(a) of the Street NW., Room 1202; or at the offices operate on Channel 23. Moreover, when Commission’s rules: of the District Managers, New York, Rappaport filed the present extension (a) Whether the failure to construct N.Y., New Orleans, La., and San Fran Station W G TI has been due to causes not application in January 1963, he stated cisco, Calif. Comments with reference to that he had recovered from his ill health under the control of Bernard Rappaport. the proposed contract form and the pe and in his subsequent affidavit of May (b) Whether there are other matters tition including a request for hearing, sufficient to justify a further extension 1964, he indicated that in the event of a if desired, may be submitted to the Sec grant of the then pending application of time to construct Station W GTI. retary, Federal Maritime Commission, (2) To determine, in the light of the for assignment of the permit to New Jer Washington, D.C. 20573, within 20 days sey Television, he would occupy a sales evidence adduced pursuant to the fore going issues, whether a grant of the ap after publication of this notice in the position with the assignee. Under these F ederal R eg ist e r . A copy of any such plication would serve the public interest, circumstances, we believe that an evi statement should also be forwarded to dentiary hearing is necessary on the convenience, and necessity. 13. I t is further ordered, That, M G -TV the party filing the proposed contract question of whether the failure to com form and of the petition (as indicated plete construction was due to causes not Broadcasting Co. and Seven Arts Broad casting Co., Inc., are made parties to this hereinafter), and the comments should under the permittee’s control or that the indicate that this has been done. reasons stated are sufficient to justify proceeding. an extension within the meaning of 14. I t is further ordered, That, the Notice of application to institute a section 319(b) of the Communications Commission hereby sets aside its action dual rate system filed by: Act of 1934, as amended, and § 1.534(a) of July 5, 1967, granting the application Marine Express Line, c/o Mr. Uwe Hermann of the Commission’s rules. (BMPCT-5818) of Bernard Rappaport Heuer, Marine Chartering Co., Inc., Room 11. We have taken note of the argu for an extension of completion date and 1024, International Trade Mart, New Or leans, La. 70130. ment that since Rappaport has failed to the application (BAPCT-393) of Ber demonstrate that causes beyond his con nard Rappaport for assignment of con Notice is hereby given that Marine Ex trol have prevented him from complet struction permit. press Line has filed with the Commission ing construction, it would be inconsistent 15. I t is further ordered, That, the pursuant to section 14b of the Shipping with the public interest and an abuse of petition filed by MG-TV Broadcasting Act, 1916, ap application for permission Commission discretion to grant the ex Co. is granted to the extent indicated to institute a dual rate system for the tension application for the sole purpose herein and is otherwise denied. carriage of general cargo in the trade of permitting the sale of the construction 16. It is further ordered, That, to avail from U.S. Atlantic and Gulf ports to permit. Inasmuch as the question of themselves of the opportunity to be ports on the East Coast of Central Amer whether the failure to complete construc heard, the applicant, M G -TV Broadcast ica, including El Salvador and Carib tion was due to causes not under the per ing Co. and Seven Arts Broadcasting Co., bean ports. The application provides that mittee’s control is a matter which must Inc., pursuant to § 1.221(c) of the Com noncontract rates shall be 10 percent mission’s rules, in person or by attorney, 3 Mass Communications, Inc., v. Federal shall, within twenty (20) days of the 4 Commissioners Robert E. Lee and Wads Communications Commission, 105 U.S. App. mailing of this order, file with the Com worth absent; Commissioner Cox concurring D.C. 277 (1959), 18 RJEt. 2098. mission, in triplicate, a written appear In the result. FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6943 higher than the contract rates under ORIENTAL LATIN AMERICA LINES, docket numbers, amending orders issu terms and conditions described in the INC., AND CHINESE MARITIME ing certificates, permitting and approv contract. ing abandonment of service, terminating TRUST, LTD. certificates, terminating proceeding, Dated: April 22,1969. Notice of Issuance of Certificate making successor co-respondent, redesig By order of the Federal Maritime (Casualty) nating proceedings, accepting agree Commission. ments and undertakings for filing, and T h o m a s L i s i , Security for the protection of the pub accepting related rate schedules and Secretary. lic, financial responsibility to meet lia supplements for filing. bility incurred for death or injury to pas Each of the Applicants listed herein [F.R. Doc. 69-4952; Filed, Apr. 24, 1969; sengers or other persons on voyages. 8:46 a.m.] has filed an application pursuant to sec Notice is hereby given that the follow tion 7 of the Natural Gas Act for a cer ing have been issued a certificate of tificate of public convenience and neces UNITED STATES ATLANTIC & GULF- financial responsibility to meet liability sity authorizing the sale and delivery of SANTO DOMINGO CONFERENCE incurred for death or injury to passen natural gas in interstate commerce or gers or other persons on voyages pursuant for permission and approval to abandon Notice of Petition Filed for Approval to the provisions of section 2, Public Law service or a petition to amend an order 89-777 (80 Stat. 1356, 1357) and Federal Notice is hereby given that the follow issuing a certificate, all as more fully set Maritime Commission General Order 20, forth in the applications and petitions, ing petition has been filed with the Com as amended (46 CFR Part 540): mission for approval pursuant to section as supplemented and amended. 14b of the Shipping Act, 1916, as amended Oriental Latin America Lines, Inc., and Chi Applicants have filed related FPC gas nese Maritime Trust, Ltd. (Orient Overseas rate schedules or supplements thereto (75 Stat. 762, 46 U.S.C. 814). Line), Certificate No. C-1,071), Effective and propose to initiate, abandon, add to, Interested parties may inspect a copy date: April 17, 1969. or discontinue in part natural gas serv of the current contract form and of the Dated: April 22,1969. ice in interstate commerce as indicated petition, reflecting the changes proposed in the tabulation herein. All sales certi to be made in the language of said con T h o m a s L i s i , ficated herein are at rates either equal tract, at the Washington office of the Secretary. to or below the ceiling prices established Federal Maritime Commission, 1405 I [F.R. Doc. 69-4953; Filed, Apr. 24, 1969; by the Commission’s statement of gen Street NW., Room 1202; or at the offices 8:46 a.m.] eral policy No. 61-1, as amended, or in of the District Managers, New York, N.Y., volve sales for which permanent cer New Orleans, La., and San Francisco, tificates have been previously issued; Calif. Comments with reference to the ORIENTAL LATIN AMERICA LINES, except that sales from areas for which proposed changes and the petition, in INC., AND CHINESE MARITIME area rates have been determined are au cluding a request for hearing, if desired, TRUST, LTD. thorized to be made at or below the ap may be submitted to the Secretary, Fed plicable area base rates, adjusted for eral Maritime Commission, Washington, Notice of Issuance of Certificate quality of the gas, and under the condi D.C. 20573, within 20 days after publica (Performance) tions prescribed in the orders determin tion of this notice in the F ederal R e g is ing said rates. ter. A copy of any such statement should Security for the protection of the pub Sabine Oil Industries, Inc., Applicant also be forwarded to the party filing the lic, indemnification of passengers for nonperformance of transportation. in Dockets Nos. CI68-1250, CI68-1251, petition (as indicated hereinafter), and CI68—1252, and CI69-268, proposes to the comments should indicate that this Notice is hereby given that the fol lowing have been issued a certificate of continue in part sales of natural gas has been done. financial responsibility for indemnifica heretofore authorized in Dockets Nos. Notice of application to institute a dual tion of passengers for nonperformance of G-15291, G-15291, CI62-217, and G - rate system filed by : transportation pursuant to the provi 19337, respectively, to be made pursuant sions of section 3, Public Law 89-777 (80 to an instrument of ratification by Mr. José A. Cabranes, Casey, Lane & Mitten- Harper Oil Co. of Sinclair Oil Corp. dorf, 26 Broadway, New York, N.Y. 10004. Stat. 1357, 1358) and Federal Maritime Commission General Order 20, as (Operator) et al., FPC Gas Rate Sched Notice is hereby given that the member amended (46 CFR Part 540): ule No. 94; Sinclair Oil Corp. (Operator) lines of the United States Atlantic & et al., FPC Gas Rate Schedule No. 94; Oriental Latin America Lines, Inc., and Gulf-Santo Domingo Conference have Harper Oil Co. (Operator) et al., FPC Chinese Maritime Trust, Ltd. (Orient Over Gas Rate Schedule No. 20; and Anadarko filed with the Commission pursuant to seas L in e ), Certificate No. P-75. Effective date: April 17,1969. Production Co. FPC Gas Rate Schedule section 14b of the Shipping Act, 1916, an No. 3, respectively. The instrument of application for permission to institute a Dated: April 22,1969. ratification and the contracts comprising dual rate system for the carriage of cof T h o m a s L i s i , said rate schedules will also be accepted fee, cocoa and/or tobacco moving in the Secretary. for filing as rate schedules of Applicant. trade from ports in the Dominican Re The presently effective rates under said [F.R. Doc. 69-4954; Filed, Apr. 24, 1969; rate schedules are in effect subject to 8:46 a.m.] public to U.S. Atlantic and Gulf ports. refund in Dockets Nos. RI67-250, RI67- The application provides that noncon 250, RI68-199, and RI62-273, respective tract rates shall be 15 percent higher ly. Applicant has submitted agreements than the contract rates as set forth in the FEDERAL POWER COMMISSION and undertakings, guaranteed by The conference tariff under terms and con Headington Co. in said proceedings to [Docket No. G-3113, etc.] assure the refunds of any amounts col ditions described in the contract. lected by Applicant in excess of the HUMBLE OIL & REFINING CO. Dated: April 22,1969. amounts determined to be just and ET AL. reasonable in said proceedings. There By order of the Federal Maritime Findings and Order fore, Applicant will be made co-respond Commission. ent in the proceedings pending in T h o m a s L i s i , A p r il 16,1969. Dockets Nos. RI62-273, RI67-250, and Secretary. Findings and order after statutory RI68-199; said proceedings will be re [F.R. Doc. 69-4955; Filed, Apr. 24, 1969; hearing issuing certificates of public designated accordingly; and the agree 8:46 a.m.] convenience and necessity, canceling ments and undertakings submitted in FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 No. 79- 6944 NOTICES said proceedings by Applicant will be ac 635, CI62-1515, CI63-194, CI63-669, Further, our action in this proceeding cepted for filing. CI64-1099, CI67-115, CI67-851, CI68- shall not foreclose nor prejudice any fu The Commission's staff has reviewed 1038, and CI69-197 should be amended as ture proceedings or objections relating each application and recommends each hereinafter ordered and conditioned. to the operation of any price or related action ordered as consistent with all (7) It is necessary and appropriate in provisions in the gas purchase contracts substantive Commission policies and re carrying out the provisions of the Nat herein involved. Nor shall the grant quired by the public convenience and ural Gas Act that Docket No. CI69-407 of the certificates aforesaid for service necessity. should be canceled and that the applica to the particular customers involved im After due notice by publication in the tion filed therein should be treated as a ply approval of all of the terms of the F ederal R e g ister , no petitions to inter petition to terminate the certificate contracts, particularly as to the cessa vene, notices of intervention or protests heretofore issued in Docket No. CI63-669. tion of service upon termination of said to the granting of the applications have (8) The sales of natural gas proposed contracts as provided by section 7(b) been filed. to be abandoned as hereinbefore de of the Natural Gas Act. The grant of At a hearing held on April 10, 1969, scribed and as more fully described in the the certificates aforesaid shall not be the Commission on its own motion re applications and in the tabulation herein construed to preclude the imposition of ceived and made a part of the record are subject to the requirements of sub any sanctions pursuant to the provi in this proceeding all evidence, including section (b) of section 7 of the Natural sions of the Natural Gas Act for the the applications and petitions, as supple Gas Act. unauthorized commencement of any mented and amended, and exhibits (9) The abandonments proposed by sales of natural gas subject to said thereto, submitted in support of the au Applicants herein are permitted by the certificates. thorizations sought herein, and upon public convenience and necessity and (D) The grant of the certificates is consideration of the record, should be approved as hereinafter sued herein on certain applications filed The Commission finds : ordered. after July 1, 1967, is upon the condition (1) Each Applicant herein is a (10) It is necessary and appropriate that no increase in rate which would “ natural-gas company” within the mean in carrying out the provisions of the Nat exceed the ceiling prescribed for the given ing of the Natural Gas Act as heretofore ural Gas Act that the rate suspension area by paragraph (d) (3) of the Com found by the Commission or will be proceeding pending in Docket No. R I68- mission’s statement of general policy No. engaged in the sale of natural gas in 100 should be terminated only with re 61-1, as amended, shall be filed prior interstate commerce for resale for ulti spect to Sun Oil Co. FPC Gas Rate to the applicable date indicated in the mate public consumption, subject to the Schedule No. 10. tabulation herein. jurisdiction of the Commission, and will, (E) The certificates issued herein and (11) It is necessary and appropriate the amended certificate are subject to therefore, be a “natural-gas company” in carrying out the provisions of the Nat within the meaning of the Natural Gas the following conditions: ural Gas Act that Sabine Oil Industries, (a) The initial rates for sales author Act upon the commencement of service Inc., should be made co-respondent in under the authorizations hereinafter ized in Dockets Nos. CI69-737 and CI69- the proceedings pending in Dockets Nos. 752 shall be 14.12 cents per Mcf and 15.91 granted. RI62-273, RI67-250, and RI68-199; that cents per Mcf at 14.65 p.s.i.a., respec (2) The sales of natural gas herein said proceedings should be redesignated before described, as more fully described tively, the applicable area base rates accordingly; and that the agreements prescribed in Opinion No. 468, as modi in the applications in this proceeding, will and undertakings submitted in said pro fied by Opinion No. 468-A, as adjusted be made in interstate commerce subject ceedings by Sabine should be accepted to the jurisdiction of the Commission; for quality; and the rate for the sale au for filing. thorized in Docket No. CI69-756 shall be and such sales by Applicants, together (12) It is necessary and appropriate in with the construction and operation of the applicable area base rate prescribed carrying out the provisions of the Natural in Opinion No. 468, as modified by Opin any facilities subject to the jurisdiction Gas Act that the FPC gas rate schedules of the Commission necessary therefor, ion No. 468-A, as adjusted for quality and supplements related to the authori of gas, or the contract rate, whichever are subject to the requirements of sub zations hereinafter granted should be ac sections (c) and (e) of section 7 of the is lower. If the quality of the gas deliv cepted for filing. ered by Applicants deviates at any time Natural Gas Act. The Commission orders: (3) Applicants are able and willing from the quality standards set forth in properly to do the acts and to perform (A ) Certificates of public convenience Opinion No. 468, as modified by Opin the service proposed and to conform to and necessity are issued upon the terms ion No. 468-A, so as to require a down the provisions of the Natural Gas Act and and conditions of this order authorizing ward adjustment of the existing rate, a the requirements, rules and regulations sales by Applicants of natural gas in notice of change in rate shall be filed of the Commission thereunder. interstate commerce for resale, together pursuant to section 4 of the Natural Gas with the construction and operation of Act: Provided, however, That adjust (4) The sales of natural gas by Ap any facilities subject to the jurisdiction ments reflecting changes in B.t.u. con plicants, together with the construction of the Commission necessary therefor, tent of the gas shall be computed by the and operation of any facilities subject to all as hereinbefore described and as applicable formula and charged without the jurisdiction of the Commission neces more fully described in the applications the filing of notices of changes in rates. sary therefor, are required by the public and in the tabulation herein. (b) Within 90 days from the date of convenience and necessity and certifi (B) The certificates granted in para initial delivery Applicant in Docket No. cates therefor should be issued as here graph (A ) above are not transferable CI69-756 shall file a rate schedule qual inafter ordered and conditioned. and shall be effective only so long as ity statement in the form prescribed in (5) It is necessary and appropriate in Applicants continue the acts or oper Opinion No. 468-A. carrying out the provisions of the Nat ations hereby authorized in accordance (c) In the event that Applicant in ural Gas Act that Docket No. CI69-636 With the provisions of the Natural Gas Docket No. CI69-756 exercises the option should be canceled and that the appli Act and the applicable rules, regulations, to sell or otherwise dispose of excess gas cation filed therein should be treated as and orders of the Commission. to a third party pursuant to section 3, a petition to amend the order issuing a (C) The grant of the certificates is Article Fifth, of the contract, Applicant certificate in Docket No. CI61-593. sued in paragraph (A ) above shall not shall so advise the Commission at least (6) It is necessary and appropriate in be construed as a waiver of the require 30 days prior to such sale or disposition. carrying out the provisions of the Nat ments of section 4 of the Natural Gas (d) The certificate granted in Docket ural Gas Act and the public convenience Act or of Part 154 or Part 157 of the No. CI68-569 is conditioned upon any and necessity require that the orders is Commission’s regulations thereunder and determination which may be made in the suing certificates of public convenience is without prejudice to any findings or proceeding pending in Docket No. Rr-338 and necessity in Dockets Nos. G-3113, orders which have been or which may with respect to the transportation of G-5010, G-8493, G-9488, G-15291, G - hereafter be made by the Commission liquefiable hydrocarbons. 17780, G-18249, G-19337, G-19456, CI60- in any proceedings now pending or here (e) The initial rate for the sale au 50, CI61-593, CI61-626, CI62-217, CI62- after instituted by or against Applicants. thorized in Docket No. CI69-499 shall be FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6945 17.75 cents per Mcf at 15.025 p.s.i.a,. in 131, CI61-189, CI61-984, CI63-669, and ing procedure required by the Natural cluding tax reimbursement. Further, the CI66-741 are terminated. Gas Act and § 154.102 of the regulations certificate is conditioned by limiting the (O ) The rate suspension proceeding thereunder, and the agreements and buyer’s daily take-or-pay obligation to pending in Docket No. RI68-100 is ter undertakings filed by Sabine in Dockets a 1 to 7,300 ratio of takes to reserves. minated only with respect to Sun Oil Nos. RI62-273, RI67-250, and RI68-199 (f) The initial rate for the sale au Co. FPC Gas Rate Schedule No. 10. shall remain in full force and effect until discharged by the Commission. thorized in Docket No. CI69-597 shall be (P ) Sabine Oil Industries, Inc., is 14.5 cents per Mcf at 14.65 p.s.i.a., in made co-respondent in'the proceedings (R ) The rate schedules and rate cluding dehydration charge, subject to pending in Dockets Nos. RI62-273, RI67- schedule supplements related to the au upward and downward B.t.u. adjustment. 250, and RI68-199; said proceedings are thorizations granted herein are accepted (g) The initial rate for the sale au for filing or are redesignated, all as redesignated accordingly; and the agree thorized in Docket No. CI69-765 shall be described in the tabulation herein. 15 cents per Mcf at 14.65 p.s.i.a. ments and undertakings submitted in (h) The authoriztion granted in said proceedings are accepted for filing. By the Commission. Docket No. CI67-115 is conditioned by (Q) Sabine Oil Industries, Inc., shall [ s e a l ] G o r d o n M. G r a n t , limiting the buyer’s daily take-or-pay comply with the refunding and report- Secretary. obligation to a 1 to 3,650 ratio of takes to reserves during the first 2 contract years. F P C rate schedule to be accepted (F) The orders issuing certificates in Docket No. Applicant Purchaser, ------and date filed field, and location Description and date No. Supp. Dockets Nos. Gr-3113, G-8493, G-9488, of document G-17780, CI60-50, CI62-635, CI67-115, CI68-1038, and CI69-197 are amended G-3113------Humble Oil & Refining E l Paso Natural Gas Co., Notice of partial cancella- 31 19 by adding thereto or deleting therefrom (CS66-62) Co. (Operator) et al. Cooper Jal Field, Lee tion 2-10-69.2 8 authorization to sell natural gas as de D 1 County, N . Mex. G-8493— ...... Sinclair Oil Corp______Texas Eastern Transmis- Assignment 1-29-66 4____ 61 29 scribed in the tabulation herein. D 2-10-69 sion Corp., Northwest Letter agreement 61 30 (G) The authorization granted in Hartburg Field, Newton 7-25-66.8 8 Dockets Nos. G-9488 and G-17780 in » County, Tex. G-9488...... Amerada Petroleum Cities Service Gas Co., Notice of partial cancella- 43 8 paragraph (F) above shall not be con D 2-6-69 Corp. (partial aban- Hardtner Field, Barber tion 2-3-69.8 « strued to relieve Applicants of any re donment). County, Hans. G-17780...... Husky Oil Co. of Delà- E l Paso Natural Gas Co., Notice of partial cancella- 18 4 fund obligations which may be ordered D 1-28-69 ware (formerly Husky Gallegos-Gallup Pool, tion 2-3-69.8 7 in the related rate suspension proceed Oil Co.) (partial San Juan County, abandonment). N . Mex. ings pending in Dockets Nos. RI65-394 G-19456------Bradley H. Keyes et al. E l Paso Natural Gas Co., Frank Yockey et al., 6 ______and RI64-139, respectively. E 2-10-69 (successor to Frank West Kutz Pictured FPC GRS No. 1. (H) The orders issuing certificates in Yockey et al.). Cliffs Field, San Juan Supplement Nos. 1-3_____ 6 1-3 County, N . Mex. Notice of succession ______the following dockets are amended to 2—2—69 reflect the deletion of acreage where new Assignment 3-11-68______6 4 Assignment 6-17-68...___ 6 5 certificates are issued herein or existing Effective date: 6-17-68______certificates are amended herein, to au CI60-50------D. R. Lauck Oil Co., Panhandle Eastern Pipe Amendment 6-5-68______3 4 C 1-27-69 8 - Inc. Line Co., acreage in Amendment 9-4-688_____ 3 I t o 4 thorize service from the subject acreage: Edwards County, Amendment 12-3-68 » 11 3 2 to 4 New certificate Kans. Amend to and/or amendment CI61-593------PetroDynamics, Inc. Transwestem Pipeline Jas. F. Smith (Operator) 2 ______(CI69-636) (Operator) et al. Co., Perryton North- et al., F P C GRS No. delete acreage to add acreage E 12-30-68 12 (successor to Jas. F. west and Cree Flowers 2. G—5010 ______CI69-737 Smith (Operator) et Fields, Ochiltree and Supplements Nos. 1-2____ 2 1-2 - al.). Roberts Counties, Tex., Notice of succession ______G—15291 ______CI68—1250 and Beaver County, (Undated). G—15291 ______CI68-1251 Okla. Assignment 7-9-6818_____ 2 3 G —18249 ______CI69-776 Assignment 7-8-68 M_.____ _ 2 4 G—19337 ______CI69—268 Assignment 7-10-68B____ 2 5 Assignment 7-8-6818___ 2 6 CI62—217 ______CI68-1252 Assignment 7-12-6817_____ 2 7 CI63-194 ______CI69—805 Assignment 7-8-68 **___ 2 8 CI63—669 ______CI69-798 Assignment 7-8-6818___ 2 9 CI64-1099 ______— — CI62-1515 Assignment 7-11-68 18___ 2 10 Assignment. 7-12-68 20____ 2 11 CI67-851 ______CI69-752 Amendment 11-19-68 21___ 2 12 Effective date: 6-1-68______(I) Dockets Nos. CI69-407 and CI69- CI61-626----- . . . . Killam & Hurd, Ltd. Natural Gas Pipeline Co. Killam & Hurd, F P C 1 ______636 are canceled. E 1-15-69 (successor to Killam of America, Northeast GRS No. 1. & Hurd). Thompsonville Field, Supplements Nos. 1-4.___ 1 1-4 (J) The orders issuing certificates in Webb and Jim Hogg Notice of succession ______Dockets Nos. G-19456, CI61-593, CI61- Counties, Tex.' 1- 9-69. 626, and CI62-1515 are amended by sub Assignment 12-14-6822____ 1 5 CI62-635------American Petrofina Co. E l Paso Natural Gas Co., Notice of partial abandon- 32 3 stituting the successors in interest as D 2-17-69 of Texas (partial Sand Hills Field, Crane ment 2-14-69.8 28» certificate holders. abandonment); County, Tex. C 162-1515------Kenneth D . Luff (sue- Mountain Fuel Supply Gulf Oil Corp. (Operator) 1 ______(K ) Permission for and approval of E 10-14-68 cessor to Gulf Oil Co., State Line Unit, et al., FPC GRS No. the abandonment of service by Appli Corp. (Operator) et Sweetwater and Carbon 249. al.). Counties, Wyo. Supplement Nos. 1-3_____ 1 1-3 cants, as hereinbefore described, all as Notice of succession ______more fully described in the applications 10-10-68. and in the tabulation herein are granted. Assignment 7-16-6823b____ 1 4 Assignment 7-16-6824____ 1 5 (L) Permission for and approval of CI62-151528...... Kenneth D. Luff (sue- ...... Assignment 7-16-6828___ 1 6 the abandonment in Docket No. CI69- (CI64-1099) cessor to Union Oil Effective date: 7-15-68______F 10-14-68 Co. of California); 710 shall not be construed to relieve Ap (CI64-1099) 28___ Union Oil Co. of Mountain Fuel Supply Assignment 7-16-68 27__ . „ 88 2 plicant of any refund obligations which California. Co., State Line Unit, Assignment 7-16-6827___ 88 3 Sweetwater County, Effective date: 12-16-68______may be ordered in the related rate sus Wyo. pension proceeding pending in Docket CI65-136228_____ MPS Production Co; Michigan Wisconsin Pipe Notice of cancellation 7 4 No. RI67-273. B 2-12-69 (Operator) et al. Line Co., Shuteston 2- 11-69.8 « ■ Field, St. Landry (M ) Permission for and approval of Parish, La. the abandonment are granted in Docket Filing code: A —Initial service. No. CI65-1362 and the temporary certifi B—Abandonment; cate heretofore issued in said docket is C—Amendment to add acreage: D —Amendment to delete acreage; terminated, E—Succession. (N) The certificates heretofore issued F —Partial succession; in Dockets Nos. G-6632, G-12022, CI61- See footnotes at end of table; FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6946 6946 F P C rate schedule to be accepted FPC rate schedule to be accepted Docket No. Applicant Purchaser, ------— ------. Docket Np. Applicant Purchaser, and date filed field, and location Description and date No. Supp. and date filed field, and location Description and date No. Supp. of document of document Cleary Petroleum Corp. Lone Star Gas Co., West Supplemental agreement, j 23 1 CI69-738...... Hawn Brothers (Oper- United Gas Pipe Line Notice of cancellation 6 11 C167-115...... 2-6-69.3 « e 1-15-69 8 (Operator) et al. Velma Field, Stephens 10-17-68.2» (G-12022) ator) ei al. Co., Barvo Field, County, Okla. Compliance 2-18-6923 2 , B 2-10-69 Karnes County, Tex. C168-569...... Chester Oil Co.?1.. .- — Panhandle Eastern Pipe Contract 9-19-67 8».. ______5 ...... - CI69-740...... Pan American Petro- El Paso Natural Gas Co., Contract 1-28-69 « ...... 530 ...... A 10-19-67 « Line Co., Tangier Contract 7-20-6633...... 5 1 A 2-10-698 leum Corp. Bondad Area, La Plata Field, Woodward Letter 10-25-67 34...... 5 Exhib County, Colo. County, Okla. it A CI69-741...... Sun Oil Co. (South- Tennessee Gas Pipeline Notice of cancellation M10 10 CI68-1038-V. Tenneco Oil Co. E l Paso Natural Gas Co., Supplemental agreement 223 3 ( G-6632) west Division). Co., a division of 2-3-69.3 « C 2-17-69 8 Blanco Field, San Juan 2-10-69.11 B 2-10-69 Tenneeo Inc., Brayton Basin, San Juan Field, Nueces County, County, N. Mex. Tex. CI68-1250-. Sabine Oil Industries, Northern Natural Gas Contract 11-27-59.... 5 ...... — CI69-746______Tamarack Petroleum United Gas Pipe Line Notice of cancellation 11 10 (G-15291) Inc. (successor to Co., Mocane Laveme Contract 11-15-56 3«...... 5 1 (CI61-984) Co., Inc., Agent Co., West LaRosa 2-11-69.8 « F 4-22-68 Harper Oil Co.) Field, Beaver County, Supplemental agreement 5 2 B 2-11-69 (Operator) et al. Field, Refugio County, Okla. 4-28-59. Supplemental agreement 5 3 CI69-747...... do...... United Gas Pipe Line Notice of cancellation 10 8 10-10-60. (CI61-131) Co., Wyrick Field, 2-11-69.3 s Assignment 2-15-68 1136___ 5 4 B 2-11-69 Refugio County, Tex. CI68-1251- Sabine Oil Industries, .do. Contract 11-15-5633...... 6 ...... CI69-751...... Reading & Bates Ofl-Humble Gas Transmis-Contract 1-21-69 «o...... 6 ...... (G-15291) Inc. (successor to Letter agreement 2-27-57.. 6 1 A 2-12-69 8 shore Drilling Co. sion Co., Magnolia F 4-22-68 Sinclair Oil Corp.); Supplemental agreement 6 2 (Operator), et al. Field, Adams County, 4r-28-57. Miss. Letter agreement 7-31-59.. 6 3 CI69-752...... David Fasken et al. El Paso Natural Gas Co., Contract 12-5-66 « ...... 5 . . . . . — Letter agreement 9-8-60... 6 4 (CI67-851) (successor to Pan Gomez Field, Pecos Letter agreement 12-5-66.. 5 Supplemental agreement 6 - 5 F 2-10-69 American Petroleum County, Tex. Assignment 12-16-6783____ 5 2 9-3-63. Corp.). Assignment 1-2-6953______6 3 Assignment 2-14-68 1137___ .6 6 Effective date: 11-27-68...... —- CI68-1252... Sabine Oil Industries, Colorado Interstate Gas Contract 7-7-6138______7 ...... CI69-753...... L. W. Roche...... United Fuel Gas Co., Contract 12-6-68 « » ____ 9 ...... (CI62-217) Inc. (successor to Co., a division of Colo Assignment 2-15-68 1138-.. 7 1 A 2-13-69 8 Washington District, F 4-22-68 Harper Oil Co.). rado Interstate Corp., Jackson County, W. Va Mocane Laveme Field, CI69-755...... William Perlman et a l... Valley Gas Transmission, Contract 11-20-68 » ...... 1 ------Beaver County, Okla. A 2-13-69 8 Inc., La Huerta West CI69-197...... Ashland Oil & Refining United Fuel Gas Co., Supplement 1-28-6911____ 193 1 Field Area, Duval NOTIGES C 2-10-69 « Co. Poca District, Kanawha County, Tex. County, W . Va. CI69-756...... Warren Petroleum Natural Gas Pipeline Co. Contract 1-1-69-...... 57 ------C169-268...... Sabine Oil Industries, Northern Natural Gas Contract 8-24-59 « ...... 8 ...... — A 2-13-69 Corp. (Operator).85 of America, Vada Proc Letter agreement 1-22-69.. 67 1 (G-19337 Inc. (successor to Co., Mocane Laverne Contract 1-14-57 « ...... 8 1 essing Plant, Lea F 7-5-68 Southwest Oil Indus Field, Beaver County, Assignment 11-15-6742___ 8 2 County, N . Mex. tries, In c.)3t Okla. Assignment 5-29-6811 « ___ 8 3 CI69-757...... L. W. Roche...... L United Fuel Gas Co., Contract 12-3-68 1183____ _ 10 . . . ------C169-499...... George R. Womack, Texas Gas Transmission Contract 10-29-68___ '___ 1 ...... A 2-13-69 8 Rocky Fork Field, A 11-20-68 8 d.b.a. Womack Pro Corp., Chickasaw Compliance 2-11-6911 1 1 Kanawha County, duction Co. (Opera Creek Field, La Salle W. Va. tor) et al. Parish, La. CI69-759...... do...... do...... - Contract 12-4-6811M-----j_ 8 ------C169-597...... Sun Oil Co. (D X D i Natural Gas Pipeline Contract 9-6-68______.. . 295 ...... A 2-13-69 8 A 12-24-68 8 vision). Co. of America, acreage Compliance (un- 295 1 CI69-761...... R. L. Moorhouse, United Gas Pipe Line Contract 1-29-69____ 1 ------in Wise County, Tex. dated) .n « A 2-13-69 8 trustee. Co., Ewing Field, San CI69-710...... Mobil Oil Corp. (Oper Tennessee Gas Pipeline Notice of cancellation 243 8 Patricio County, Tex. N (CI61-189) ator) et al. Co., a division of Ten- 1-23-69.3 « CI69-763...... Phillips Petroleum C o .. Southern Natural Gas Notice of cancellation 423 1 B 1-28-69 neco Inc., Placedo (CI66-741) Co., Cross Bayou Field, 2-12-69.3 « Field, Victoria County, B 2-14-69 Iberia Parish, La. Tex. CI69-765...... Koch Industries, Inc. Arkansas Louisiana Gas Contract 1-13-69 w______1 4 ------CI69-732___ Bowers Drilling Co., Cities Service Gas Co., Contract 12-6-68...... 11 A 2- 14-69 8 (Operator). Co., acreage in Pontotoc Contract 10-22-65 » ...... « u 1 A 2-6-69 8 Inc. Etna Field, Barber County, Okla. County, Kans. C169-770...... Lincoln Rock Corp...... Cimarron Transmission Contract 2-3-69...... 1 ...... C 169-736___ Pan American Petro E l Paso Natural Gas Co., Contract 1-27-69 « ...... 529 A 2-14-69 8 Co., acreage in Love A 2-6-69 8 leum Corp. Ignacio Area, La Plata County, Okla. County, Colo. CI69-772...... Latham Oil Co., Inc. United Gas Pipe Line Contract 12-27-68 ______3 ------CI69-737— . King Resources Co. E l Paso Natural Gas Co., Contract 9-1-48 « ...... ; 1 7 ...... A 2-17-698 (Operator), et al. Co., Puckett Field, (G-5010) (successor to Shell Oil Monahans Field, Wink Letter agreement 2-28-49.. 17 1 Rankin County, Miss. F 2-5-69 Co.). ler County, Tex. Supplemental agreement 17 2 CI69-773...... Phillips Petroleum Co-- Lone Star Gas Co., Ana- Contract 12-13-68 » ...... 468 ...... 10- 26-59. A 2-17-69 8 darko Basin Area, Supplemental agreement 17 3 Stephens County, 3-29-63. Okla. Farmout agreement 17 4 CI69-776...... Thomas A. Dugan E l Paso Natural Gas Co., Contract 9-28-55______1 1 ...... - 11- 15-67.« (G—18249) (successor to Ken Ballard Pictured Cliffs; Supplemental Agreement 11 ■ 1 Assignment 11-16-6748____ 17 5 F 2-13-69 Blackford (Operator) Field, Rio Arriba 5-27-57.3» Letter agreement 17 6 et al.) County, N . Mex. Assignment 5-1-68______11 2 12- 19-67.11 Effective date: 5-1-68______See footnotes at end of table. FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 81 By additional Information filed Nov: 22,1967; Applicant expressed willingness to accept a permanent certlficat® F P C rate schedule to be accepted conditioned to the outcome of the proceeding in Docket No. R-338. Docket No. Applicant Purchaser, 32 Adopts terms of contract dated July 20,1966, between Sun Oil Go. and buyer: ' and date filed field, and location Description and date No. Supp. 88 Provides for processing by Applicant. of document 84 Letter from Snell Oil Co., advising Applicant it may participate in Soiling Gas Processing Plant; 88 Between Sinclair Oil Corp. (formerly Sinclair Oil & Gas Co.) and Northern Natural; on file as Sinclair's F P O GES No. 94. CI69-777-...... Meabon & Smith Gas United Fuel Gas Co., Contract 1-6-2881...... 1 38 From Harper Oil Co. to Sabine Oil Industries, Inc; A 2-17-69 8 88 Co., et al. Stonewall District, Supplemental Agreement 1 1 87 From Sinclair Oil Corp. to Applicant. Wayne County, W. Va. 1-1-38. 88 Between Harper Oil Co. and Colorado Interstate; on file as Harper Oil Co. FPC GES No. 20; Will 3-15-4582...... p 2 88 Successor in interest to Anadarko Production Co. Southwest never filed to cover the subject acreage; Letter agreement 1 3 48 Between Anadarko Production Co. and buyer. Adopts terms of contract dated Jan. 14, 1957; also on file as Ana* 1-20-51.83 84 darko’s FPC GES No. 3. I Letter agreement 1 4 41 Between Harper Oil Co. et al., and buyer: 1-20-51.84 88 42 Partial assignment of interest from Anadarko to Southwest Oil Industries, Inc: Letter agreement 1 5 48 Conveys interest from Southwest Oil Industries, Inc., to Sabine Oil Industries, Inc. 10-21-52.88 88 44 Complies with temporary certificate issued Jan. 24,1969; Applicant is willing to accept a permanent certificate Letter agreement 1 6 conditioned to an initial rate of 17.75 cents per Mcf including tax reimbursement and to a take-or-pay obligation of 12-15-52.88 88 1/7,300 ratio of reserves. Letter agreement 1 7 48 Complies with temporary certificate issued Feb. 7,1969; Applicant states willingness to accept a permanent cer 12-15-52.88 88 tificate conditioned to an initial rate of 14.5 cents per Mcf including dehydration charge plus B.t.u. adjustment: WiU 8-25-62 87...... 1 8 48 Between Shell Oil Co. and E l Paso; on file as Shell’s FPC GES No. 17. CI69-798...... Kenneth D. Luff (sue- Mountain Fuel Supply Contract 7-12-6288...... 3 47 An assignment of acreage from Shell to Walter Krug: (CI63-669) cessor to Mobil Oil Co., State Line Unit Assignment 8-21-6870...... 3 1 48 From Walter Krug to King Besources. F 10-14-68 88 Corp.). Area, Sweetwater and Effective date; 7-15-68.— .. 48 Eate of 15.6 cents in effect subject to refund in Docket No. BI68-100, however, no amounts have been collected Carbon Counties. Wyo. under said docket; therefore, the rate suspension proceeding pending in Docket No. EI68-100 will be terminated only CI63-669...... Mobile Oil Corp...... Mountain Fuel Supply Assignment 1-12-65 71_____ 335 3 with respect to Sun’s FPC GES No. 10. D 10-9-68 Co., State Line Unit Assignment 1-19-65 71_____ 335 4 80 Provides lor a term which expires 5 years from the date of initial delivery: Area, Sweetwater Assignment 1-19-65 72...... 335 5 81 Between Pan American Petroleum Corp. and E l Paso; on file as Pan America’s FPC GES No; 494; County, Wyo. Effective date: 11-9-68..... 82 Assigns an interest in a portion of the dedicated acreage from Pan American to Fasken: Assignment 8-21-6878 335 6 83 Assigns a portion of Fasken’s interest to Eichard S. Brooks an “ et al.” party: Assignment 8-21-6874____ 335 7 84 Gas produced from above the bottom of the Oriskany Formation only. Effective date: 8-21-68____ 88 Applicant has agreed to accept a permanent certificate conditioned as Opinion No. 468, as modified by Opinion CI63-669...... do...... Notice of cancellation 335 8 No. 468-A. (CI69-407) 10-22-68.»78 88 Gas produced from Newburg Sand only; B 10-23-68 78 87 Contract provides for a rate of 16 cents per Mcf; however, Applicant has agreed to accept a permanent certificate CI69-805...... Kenneth D. Luff (sue- ____ do...... Contract 6-20-6278___ . . . . 2 . conditioned to 15 cents per Mcf. (CI63-194) cessor to St. Helens Assignment 7-16-6878...... 2 1 88 Applicant adopts terms of contract dated Oct; 22, 1965, between buyer and Doyle W; Cotton, Jr;; which is F 10-14-68 77 Petroleum Corp.). Effective date; 7-15-68..___ currently on file as Doyle W. Cotton, Jr, (Operator) et al., FPC GES No. 1. 88 Supplemental agreement between Ken Blackford and E l Paso; on file as Ken Blackford (Operator) et aLj NOTICES FPC GES No. 1. 1 No certificate filing made or necessary, however, the certificate will be amended to reflect the transfer of the 80 Sale being rendered on June 7,1954. subject interest. 81 Between G. L. Meabon and C. J. Huffman, seller and United FueLbuyer. 8Includes assignment dated Dec. 23,1968, assigning a certain interest to Sam Wolfson and R. I. Wolfeon who have 82 Document whereby Eunice Huffman acquired the interest of C. J. Huffman in the subject property: a small producer certificate in Docket No. CS66-62. 83 Between G. L. Meabon, seller and United Fuel, buyer. * Effective date: Date of this order. 84 Provides for increased rate of 15 cents per Mcf. 4 Assigns acreage to Edwin Allday to a depth limitation of 7,605 feet. B y letter dated Jan. 12, 1967, Allday’s repre 88 Between Eunice Huffman, seller and United Fuel, as buyer; sentative advised that no gas sold in interstate commerce. 88 Provides for increased rate of 16 cents per Mcf. s Releases acreage assigned to Allday et al., from gas purchase contract. 87 Document whereby William Howard Smith and Jessie H uffman Smith acquired the interest of Eunice H uffman 8 Source of gas depleted. In the subject property. 7 Production of gas no longer economically feasible. 88 Application noticed as a complete succession; further review of the application reveals that the succession Is 8 Jan. 1,1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended. partial; therefore, the application has been reassigned Docket No. 0169-798. 8 Amends basic contract to provide for a 5-year makeup period for prepaid gas (applies only to the added acreage). 88 Between Mobil Oil Corp. and Mountain Fuel; on file as Mobil’s FPC GES No. 335; 10 Amend* basic contract to provide for permissible pricing provisions (applies only to the added acreage). 70 Two assignments transferring interests from Mobil Oil Corp. to Luff. u Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). 71 From Applicant to Champlin Petroleum Co. (acreage is nonproductive). 12 Application erroneously assigned Docket No. CI69-636 will be treated as a petition to amend the order issuing a 72 From Applicant to Champlin Petroleum Co. and Union Oil Company of California (acreage is nonproductive)! certificate in Docket No. CI61-593 and Docket No. CI69-636 will be canceled. 78 From Applicant to Kenneth D . Luff (No. S6350 H ), # From Jas. F. Smith to Petrodyne Industries, Inc. 74 From Applicant to Kenneth D. Luff (No. S63501). 14 From L. E. Geoflroy to Petrodyne Industries, Inc. 78 Filing submitted as an abandonment application will be treated as a petition to terminate the certificate In 18 From Mary Alice Anderson to Petrodyne Industries, Inc. Docket No. CI63-669 for the only remaining lease covered by the contract and the certificate. Docket No: CI69-407 14 From B. E. Cantrell to Petrodyne Industries, Inc. will be canceled. 47 From George Dobervich to Petrodyne Industries, Inc. 78 Applicant states that the last remaining lease has expired under its own terms due to nonproduotion; 18 From Kates Oil Co. to Petrodyne Industries, Inc. 77 Application noticed as a complete succession; further review of the application reveals that the succession Is 18 From James F. Smith, Jr., to Petrodyne Industries, Inc. partial; therefore the application has been reassigned Docket No. CI69-805. 20 From G. H. Turpin to Petrodyne Industries, Inc. 21 Amends the articles of incorporation of Petrodyne Industries, Inc., , to provide for a change in name to Petro- [F.R. Doc. 69-4760; Filed, Apr. 24, 1969; 8:45 a.m.] Dynamics, Inc. 22 Assigns acreage from Killam & Hurd et al., to Killam & Hurd, Ltd. 284 Deletes excess gas from contract. Includes Sept. 23, 1968, letter from E l Paso refusing American Petrofina’s [Docket No. RI69-692, etc.] charges of currently effective rate sched offer of additional volumes of excess gas. 23b Six assignments transferring interests from Gulf Oil Corp. to Kenneth p . Luff. SUN OIL CO. ET AL. ules for sales of natural gas under Com 24 Tw o assignments transferring interests from Champlin Petroleum Co., an “ et al.’’ party to Kenneth D. Luff, Order Providing for Hearings on and mission jurisdiction, as set forth in 28 Three assignments transferring interests from Union Oil Co., an “ et al.” party to Kenneth D. Luff. 26 No certificate filing made or necessary; only the related rate filing is being accepted for filing by this order; Suspension of Proposed Changes Appendix A hereof. 27 From Union Oil Co. of California to Kenneth D. Luff. Subject gas from State Line Unit only was sold under The proposed changed rates and Gulf Oil Corp. (Operator) et al., F P C GES No. 249 by agreement dated Aug. 14,1962 (Gulf’s Supp. No. 3). in Rates 1 28 No permanent certificate issued; therefore, the abandonment will be permitted in Docket No. CI65-1362 and the charges may be unjust, unreasonable, April 16, 1969. unduly discriminatory, or preferential, temporary certificate in said docket will be terminated. The Respondents named herein have 28 Adds acreage and amends provisions relating to contract quantity and determination of gas reserves insofar as or otherwise unlawful. they apply to such added acreage. filed proposed increased rates and 80 Accepts conditioned temporary certificate Issued Feb. 14,1969; advises of willingness to accept permanent author The Commission finds: It is in the ization for the additional acreage conditioned to a take-to-reserves ratio of 1/3,650 for the first 2 contract years. 1Does not consolidate for hearing or dis public interest and consistent with the pose of the several matters herein. Natural Gas Act that the Commission 6947 FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 6948 NOTICES enter upon hearings regarding the law (B) Pending hearings and decisions position of these proceedings or expira fulness of the proposed changes, and that thereon, the rate supplements herein are tion of the suspension period. the supplements herein be suspended and suspended and their use deferred until (D ) Notices of intervention or peti their use be deferred as ordered below. date shown in the “Date Suspended tions to intervene may be filed with the The Commission orders: Until” column, and thereafter until Federal Power Commission, Washington, (A) Under the Natural Gas Act, parmade effective as prescribed by the Nat D.C. 20426, in accordance with the rules of practice and procedure (18 CFR 1.8 ticularly sections 4 and 15, the regula ural Gas Act. and 1.37(f)) on or before June 4, 1969. tions pertaining thereto (18 CFR Ch. D , (C) Until otherwise ordered by the and the Commission’s rules of practice By the Commission. and procedure, public hearings shall be Commission, neither the suspended sup held concerning the lawfulness of the plements, nor the rate schedules sought [ s e a l ] G o r d o n M . G r a n t , proposed changes. to be altered, shall be changed until dis Secretary. A ppendix A Rate in Rate Sup Amount Date Effective Date Cents per Mcf effect Docket Respondent sched ple Purchaser and producing area of filing date un subject to No. ule ment annual tendered less sus pended Rate in Proposed in refund in No. No. increase pended until— effect creased rate dockets Nos. RI69-692.. Sun Oil Co., 1608 Walnut 107 10 Natural Gas Pipeline Co. of $200 3-24-69 2 5- 8-69 10- 8-69 5 « 18.015 » 1»«18.215 RI68-568. St., Philadelphia, Pa. America (Southeast Camrick 19103. Field, Beaver County, Okla.) (Panhandle Area)...... do...... -----...... 116 10 Natural Gas Pipeline Co. of 50 3-24-69 2 5- 8-69 10- 8-69 »«18.015 »<»«18.215 RI68-568. America (Camrick Field, Beaver County, Okla.) (Pan handle Area). RI69-693-. Humble Oil & Refining 458 2 Natural Gas Pipeline Co. of 2,250 3-26-69 2 4-26-69 9-26-69 - « 17.0 , 17«18.5 Co., Post Office Box America (East Laketon Field, 2180, Houston, Tex. Gray County, Tex.) (R R . 77001. District No. 10)...... do— 1...... 459 3 Arkansas Louisiana Gas Co. 900 3-26-69 2 4-26-69 9-26-69 15.0 » 116.0 (Wilburton Field, Pittsburg Comity, Okla.) (Oklahoma “ Other” Area). RI69-694-. Atlantic Richfield Co. 133 23 Natural Gas Pipeline Co. of 2,600 3-26-69 2 5-10 -69 10-10-69 « « 18.415 84»«18.615 RI68-581; (Operator) et al., Post America (Guymon-Hugoton Office Box 2819, Dallas, and Southeast Camrick Fields, Tex. 75221, Attention: Texas and Beaver Counties, Richard M. Young, Okla.) (Panhandle Area). Esq. RI69-695-. 0 . C. Holt, Route 1, Box 1 3 Northern Natural Gas Co. 442 3-20-69 « 4-20-69 9-20-69 » 16.0 8 4 8 17.0 RI64-415. 57, Spearman, Tex. (North Hutchinson Field, 79081. Hutchinson County, Tex.) (R R . District No. 10). RI69-696-. Mobil Oil Corp. (Oper 168 5 Natural Gas Pipeline Co. of 6,871 3-26-69 2 5- 1-69 10- 1-69 2« 18.289 8 4 29 19 .365 R 167-273. ator) et al., Post Office America (South Rainey Field, Box 1774, Houston, Washita County, Okla.) (Okla Tex. 77001. homa “ Other” Area). RI69-697— Pan American Petroleum 521 4 Arkansas Louisiana Gas Co. 244 3-27-69 2 4-27-69 9-27-69 15.0 81 16.015 Corp., Post Office Box (Wilburton Field, Latimer 1410, Fort Worth, Tex. County, Okla.) (Oklahoma 76101. “ Other Area” ). RI69-698.. Amerada Petroleum 119 2 Northern Natural Gas Co. 348 3-27-69 25- 1-69 10- 1-69 »17.0 8 4«18.015 Corp., Post Office Box (Northeast Catesby and Ivan- 2040, Tulsa, Okla. 74102. hoe Fields, Ellis and Beaver Counties, Okla.) (Panhandle Area). R 169-699.. Texaco, Inc., Post Office 183 «1 0 E l Paso Natural Gas Co. (Flodine 600 3-24^69 2 5- 1-69 10- 1-69 » 15.0 11 42 17.0 Box 2100, Denver, Colo. Park Field, Montezuma 80201, Attention: N . G. County, Colo.). Rittrell, Assistant Division Manager. RI69-700-. Southern Union Produc 2 31 El Paso Natural Gas Co. (San 60 3-17-69 2 4-17-69 9-17-69 13.0 >2 14 13.0551 tion C a, 1500 Fidelity Juan Area, San Juan County, Union Tower, Dallas, N . Mex.) (San Juan Basin Area). Tex. 75201, Attention: A. S. Grenier, Esq. ____ do 17...... 6 8 Southern Union Gathering Co. 30 3-17-69 2 4-17-69 9-17-69 13.0 » 44 13.0536 RI69-404. (San Juan Area. San Juan County, N . Mex.)- (San Juan Basin Area)...... do______8 9 E l Paso Natural Gas Co. (San 2 3-17-69 2 4-17-69 9-17-69 13.0 42 44 13. 0551 ■ Juan Area, San Juan County, N. Mex.) (San Juan Basin Area). RI69-701-. Standard Oil Co. of 41 6 Natural Gas Pipeline Co. of 815 3-24-69 2 4-24-69 9-24-69 1» 16.659 ‘ 48 4« 17. 650 Texas, a division of America (Indian Basin Area, Chevron Oil Co., Post Eddy County, N. Mex.) (Per Office Box 1249, mian Basin Area). Houston, Tex. 77001, Attention: C. W. Proctor, Esq. RI69-702-. Pecos Co. (Operator),17 7 3 El Paso Natural Gas Co. (Wilshire 2,474 3-17-69 2 4-17-69 9-17-69 « 20.59 4 46 « 23.94 El Paso Natural Gas Gasoline Plant, Upton County, Bldg., El Paso, Tex. Tex.) (R R . District No. 7-C) 79999, Attention: Walter (Permian Basin Area). G. Henderson, Esq. RI69-703-. Northwest Production 2 11 El Paso Natural Gas Co. (Barn 26,435 3-17-69 2 4-17-69 9-17-69 14.64 4 4» 18.2430 Corp. (Operator),17 hart Gasoline Plant, Reagan Post Office Box 1796, County, Tex.) (R R . District El Paso, Tex. 79949, 7-C) (Permian Basin Area). Attention: Walter G. Henderson, Esq. RI69-704-. Continental Oil Co., 267 14 Southern Union Gathering Co. 8,152 »-24-69 »4-24-69 9-24-69 » 14.2679 8 42 19 15.2869 RI64-485. Post Office Box 2197, (Blanco Field, San Juan Houston, Tex. 77001, County, N . Mex.) (San Juan Attention: Mr. R. E. Basin Area). Galbraith. RI60-705-. Union Oil Co. of Cali 70 8 E l Paso Natural Gas Co. (Level- 950 8-24-69 «4-24-69 9-24-69 15.6488 8 4 16.6584 RI68-466. fornia, Union Oil Cen • land Field, Cochran Tex.) ter, Los Angeles, Califj (R R . District No. 8) (Permian 90017, Attention: Mr. Basin Area). C. E. Smith. See footnotes at end of table. FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6949 Appendix A—Continued Rate in Rate Sup Amount Date Effective Date Cents per Mcf effect Docket Respondent sched ple Purchaser and producing area filing date un subject to No. ule ment annual tendered less sus pended Rate In Proposed in refund in No; No. increase pended until— effect creased rate dockets Nos. RI69-706.. Texaco, Inc. (Operator), 323 3 Northern Natural Gas Co. (South $17,400 3-24-69 26- 1-69 11- 1-69 16.0 2 « 17.0 Post Office Box 3109, Kermit Gasoline Plant, Ward Midland, Tex. 79701, and Winkler Counties, Tex.) Attention: Mr. Darrell (R R . District No. 8) (Permian Smith. Basin Area). RI69-707.. Husky Oil Co. of Dela 1 4 Mountain Fuel Supply Co. (Ace 413 3-24-69 26-18-69 11-18-69 13.0 3 414.0 ware, Post Office Box Unit Field, Moffat County, 380, Cody, Wyo. 82414, Colo.). Attention: Donald L. RI69-708.. Gulf Oil Corp., Post 38 4 E l Paso Natural Gas Co. (Blanco 228 3-24-69 24-24-69 9-24-69 » 2314.2501 3 >2 » » 24 15.2886 RI65-599. Office Box 1589, Tulsa, Mesa Verde Field. San Juan . Okla. 74102, Attention: County, N . Mex.) (San Juan Basin Area)...... do...... — 47 7 E l Paso Natural Gas Co. (Ballard 917 3-24-69 2 4-24-69 9-24-69 »12.2295 * 42 » 13.2486 R 164-487. Pictured Cliffs Field, Rio Arriba County, N . Mex.) (San Juan Basin Area)...... do...... - 190 8 E l Paso Natural Gas Co. (Basin 6,711 3-24-69 2 4-24-69 9-24-69 » 20 14.2486 > a 19 jo ji is .2869 RI65-599. Dakota Field, San Juan County, N.M ex.) (San Juan Basin Area). ____ do...... 202 5 E l Paso Natural Gas Co. (Basin 7,528 3-24-69 2 4-24-69 9-24-69 » 20 14.2486 8 1219 21 is .2869 RI65-599. Dakota Field, Rio Arriba 22 13.2295 (3 12 22 23) County, N . Mex.) (San Juan Basin Area)...... d o ...... 258 6 Southern Union Gathering Co. 503 3-24-69 24-24-69 9-24-69 14.058 »»15.062 R 165-554. (Basin Dakota Field, San Juan County, N . Mex.) (San Juan Basin Area). RI69-709 Gulf Oil Corporation 150 8 E l Paso' Natural Gas Co. (Bisti 948 3-24-69 24-24-69 9-24-69 » 14.2678 3 42 49 15.2869 RI65-600. (Operator) et al. lower Gallup and Gallegos Gall up Fields, San Juan County, N . Mex.) (San Juan Basin Area). RI69-710— Shell Oil Co., 50 West 50th 251 24 10 Transwestem Pipeline Co. (Bell 23 5,671 3-17-69 2 4-17-69 9-17-69 2315.98 «5 26 is .0224 St., New York, N .Y . Lake Field, Lea County, N. 27148 2715.94 42827 18.0224 10020. Mex.) (Permian Basin Area); Shell Ofi C o...... 251 2811 ...... do...... - ...... 575 3-17-69 2 4-17-69 9-17-69 16.49 4 2818.5724 » The stated effective date is the effective date requested by Respondent. 18 Includes upward B.t.u. adjustment of 5.04 cents for gas containing 1,330 B.t.u. 3 Periodic rate increase. per cubic foot (18 cents base rate). 4 Pressure base is 14.65 p.s.i.a. » Includes partial reimbursement for the full 2.55 percent New Mexico Emergency 6 Subject to a downward B.t.u. adjustment. School Tax. 6 Includes 0.015-cent tax reimbursement. 20 Includes 1 cent per Mcf minimum guarantee for liquids. 7 Respondent filing from initial certificated rate to initial contract rate. 24 Inclusive of tax reimbursement on 1 cent m in im u m guarantee for liquids. 8 Subject to upward and downward B.t.u. adjustment. 22 Low pressure gas—no deliveries being made. • The stated eflective date is the first day after expiration of the statutory notice. 23 Subject to 1 cent reduction for gas which may be delivered to buyer’s low pres 10 Applicable to acreage added by Supplement No. 7 only. sure system. '< “ Fractured” rate increase. Respondent contractually entitled to 20 cents per 24 Applicable to gas from Devonian Formation. Mcf, plus tax reimbursement. _ 23 Applicable to gas from School District No. 19. 12 Pressure base is 15.025 p.s.i.a. 26 Increase from applicable area ceiling rate to contract rate, plus tax reimburse 43 Initial rate. ment, adjusted for quality. 14 Tax reimbursement increase. 27 Applicable to gas from School District No. 8. a Increase from applicable area ceiling rate to contract rate. 28 Applicable to gas from Pennsylvanian Formation. » Subject to downward B.t.u. adjustment for gas containing less than 1,038 B.t.u. s 29 Includes base rate of 17.093 cents plus upward B.t.u. adjustment before increase per cubic foot. (1,070 B.t.u. gas) and base rate of 18.098 cents plus upward B.t.u. adjustment after 17 Buyer and Seller are affiliated. increase. Base rate subject to upward and downward B.t.u. adjustment. O. C. Holt (Holt) requests waiver of the file protests to these rate increases. El Paso statutory notice to permit an effective date and Southern Union question the right of SECURITIES AND EXCHANGE of January 30, 1969, for his proposed rate the producer under the tax reimbursement increase. Union Oil Company of California clause to file a rate increase reflecting tax (Union Oil) also requests waiver of the reimbursement computed on the basis of COMMISSION statutory notice to permit an effective date an increase in tax rate by the New Mexico [Files Nos. 7-3074, 7-3075] of March 24, 1969, for its rate increase. Good Legislature in excess of 0.55 percent. W hile cause has not been shown for waiving the the buyers concede that the New Mexico leg CLOROX CO. AND FOUR SEASONS 30-day notice requirement provided in sec islation effected a higher rate of at least NURSING CENTER OF AMERICA, INC. tion 4(d) of the Natural Gas Act to permit 0.55 percent, they claim there is controversy earlier effective dates for Holt and Union as to whether or not the new legislation Notice of Applications for Unlisted Oil’s rate filings and such requests are denied. effected an increased rate in excess of 0.55 Trading Privileges and of Opportu Humble Oil & Refining Co. (Hum ble) and percent. In view of the contractual problem Mobil Oil Corp. (Mobil) request that should presented, we shall provide that the hearings nity for Hearing the Commission suspend their proposed rate herein with respect to the rate filings con j- A p r il 21, 1969. increases that the suspension periods with taining such tax shall concern themselves In the matter of applications of respect thereto be shortened to 1 day. Good with the contractual basis for the rate fil ings, as well as the statutory lawfulness of the Philadelphia-Baltimore-Washington cause has not been shown for granting Hum Stock Exchange for unlisted trading ble and Mobil’s requests for limiting to 1 day the proposed increased rates and charges. the suspension period with respect to their All of the producers’ proposed increased privileges' in certain securities. rate filings and such requests are denied. rates and charges exceed the applicable area The above named national securities price levels for increased rates as set forth Five of G ulf Oil Corp. and G u lf Oil Corp. exchange has filed applications with the in the Commission’s statement of general (Operator) et al., and Continental Oil Co.’s Securities and Exchange Commission policy No. 61-1, as amended (18 CFR 2.56), proposed rate increases reflect partial reim with the exception of the rate increases filed pursuant to section 12(f) (1) (B) of the bursement for the full 2.55 percent New Securities Exchange Act of 1934 and Mexico Emergency School Tax. Thq buyers, by the producers in the Permian Basin Area which exceed the just and reasonable rates Rule 12f-l thereunder, for unlisted trad El Paso Natural Gas Co. (El Paso) and established by the Commission in Opinion ing privileges in the common stocks of Southern Union Gathering Co. (Southern Union), in accordance with their policy of No. 468, as amended, and should be suspended the following companies, which secu protesting tax filings proposing reimburse for 5 months as ordered herein. rities are listed and registered on one ment for the New Mexico Emergency School [P.R. Doc. 69-4761; Filed, Apr. 24, 1969; or more other national securities Tax in excess of 0.55 percent, are expected to 8:45 a.m.] exchanges: FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 6950 NOTICES File No. stock of Gulf Aerospace Corp., Houston, no other State commission or Federal Clorox Co.------7-3074 Tex., and all other securities of Gulf commission, other than this Commis Pour Seasons Nursing Center of Aerospace Corp. being traded otherwise sion, has jurisdiction over the proposed America, Inc------— ------7-3075 than on a national securities exchange transaction. Upon receipt of a request, on or before is required in the public interest and for The fees and expenses to be paid in May 6, 1969, from any interested per the protection of investors: connection with the proposed transaction son, the Commission will determine It is ordered, Pursuant to section 15 are estimated at $43,000, including ac whether the application with respect to (c) (5) of the Securities Exchange Act countants’ fees of $3,600 and legal fees any of the companies named shall be of 1934, that trading in such securities of $10,000. The fees of counsel for the set down for hearing. Any such request otherwise than on a national securities underwriters, to be paid by the successful should state briefly the title of the se exchange be summarily suspended, this bidders, are estimated at $10,000. curity in which he is interested, the na order to be effective for the period Notice is further given, that any inter ture of the interest of the person making April 21, 1969, at 12 noon, e.s.t., through ested person may, not later than May 16, the request, and the position he proposes April 30, 1969, both dates inclusive. 1969, request in Writing that a hearing be to take at the hearing, if ordered. In By the Commission. held on such matter, stating the nature addition, any interested person may sub of his interest, the reasons for such re mit his views or any additional facts [ s e a l ] O rval L. D u B o is , quest, and the issues of fact or law bearing on any of the said applications Secretary. raised by said declaration which he de by means of a letter addressed to the [P.R. Doc. 69-4959; Piled, Apr. 24, 1969; sires to controvert; or he may request Secretary, Securities and Exchange Com 8:46 a.m.] that he be notified if the Commission mission, Washington 25, D.C., not later should order a hearing thereon. Any such than the date specified. If no one re request should be addressed: Secretary, quests a hearing with respect to any [70-4745] Securities and Exchange Commission, particular application, such application MONONGAHELA POWER CO. Washington, D.C. 20549. A copy of such will be determined by order of the Com request should be served personally or by mission on the basis of the facts stated Notice of Proposed Issue and Sale of mail (airmail if the person being served therein and other information contained First Mortgage Bonds at Competi is located more than 500 miles from the in the official files of the Commission tive Bidding point of mailing) upon the declarant at pertaining thereto. A p r il 21, 1969. the above-stated address, and proof of service (by affidavit or, in case of an For the Commission (pursuant to dele Notice is hereby given that Mononga- gated authority). attorney at law, by certificate) should be hela Power Co. (“Monongahela”), 1310 filed with the request. At any time after [ s e a l ] O rval L. D u B o is , Fairmont Avenue, Fairmont, W. Va. said date, the declaration, as filed or as Secretary. 26554, a registered holding company and it may be amended, may be permitted an electric utility subsidiary company of [F.R. Doc. 69-4957; Piled, Apr. 24, 1969; to become effective as provided in Rule 8:46 a.m.] Allegheny Power System, Inc., also a 23 of the general rules and regulations registered holding company, has filed a promulgated under the Act or the Com declaration with this Commission, pur [Pile No. 1-3421] mission may grant exemption from such suant to the Public Utility Holding Com rules as provided in Rules 20(a) and 100 CONTINENTAL VENDING MACHINE pany Act of 1935 (“Act” ), designating thereof or take such other action as it sections 6 and 7 thereof and Rule 50 CORP. may deem appropriate. Persons who re promulgated thereunder as applicable to quest a hearing or advice as to whether Order Suspending Trading the proposed transaction. All interested a hearing is ordered will receive notice persons are referred to the declaration, A p r il 21,1969. of further developments in this matter, which is summarized below, for a including the date of the hearing (if It appearing to the Securities and Ex complete statement of the proposed ordered) and any postponemènts thereof. change Commission that the summary transaction. suspension of trading in the common Monongahela proposes to issue and sell, For the Commission (pursuant to dele stock, 10-cent par value of Continental subject to the competitive bidding re gated authority). Vending Machine Corp., and the 6 per quirements of Rule 50 under the Act, [ s e a l ] O rval L. D u B o is , cent convertible subordinated debentures $10 million principal amount of its First Secretary. due September 1, 1976, being traded Mortgage Bonds,______percent Series otherwise than on a national securities due June 1, 1999. The interest rate of the [F.R. Doc. 69-4946; Plied, Apr. 24, 1969; exchange is required in the jpublic in bonds (which will be a multiple of one- 8:45 a.m.] terest and for the protection of investors: eighth of 1 percent) and the price, ex It is ordered, pursuant to section 15 clusive of accrued interest, to be paid [812-2477] (c )(5 ) of the Securities Exchange Act to Monongahela (which will be not less MUTUAL VARIABLE CONTRACT of 1934, That trading in such securities than 100 percent or more than 102% per otherwise than on a national securities cent of the principal amount thereof) ACCOUNT exchange be summarily suspended, this will be determined by the competitive Notice of Filing of Application for order to be' effective for the period bidding. The bonds will be issued under Order Exempting Company April 22, 1969, through May 1,1969, both the Indenture dated as of August 1,1945, between Monongahela and First National A p r il 21, 1969. dates inclusive. City Bank, New York, N.Y., as Trustee, Notice is hereby given that Mutual of By the Commission. as heretofore supplemented and as to be Omaha Insurance Co. (“Applicant” ) has [ s e a l ] O rval L. D u B o is , further supplemented by a 31st Supple filed an application pursuant to section Secretary. mental Indenture to be dated as of 6(c) of the Investment Company Act of June 1, 1969. The bonds will be issued 1940, 15 U.S.C. section 80a-l et seq. [F.R. Doc. 69-4958; Piled, Apr. 24, 1969; only as registered bonds without coupons. 8:46 a.m.] (“Act” ) , for an order exempting the The net proceeds from the sale of the Mutual Variable Contract Account bonds will be used to finance, in part, (“MVCA” ) Famam at 33d Street, GULF AEROSPACE CORP. the construction program of Mononga Omaha, Nebr., from all provisions of the hela and its subsidiary company for 1969, Act and the rules and regulations there Order Suspending Trading estimated at $39 million and to pay under. All interested persons are referred $3,500,000 of short-term notes incurred to the application^on file with the Com A p r il 21,1969. therefor. mission for a statement of the represen It appearing to the Securities and Ex It is stated that The Public Utilities change Commission that the summary Commission of Ohio has jurisdiction over tations therein which are summarized suspension of trading in the common the issue and sale of the bonds and that below. FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6951 Applicant is a mutual health and acci protected by the applicable provisions of [File No. 1-4371] dent insurance company organized under Canadian law. WESTEC CORP. the laws of the State of Nebraska. It has Section 6(c) of the Act provides that corporate home offices in Omaha, Nebr., the Commission, by order upon applica Order Suspending Trading and is licensed to do business in all tion, may conditionally or uncondition A p r il 21,1969. States, all Canadian Provinces, Canal ally exempt any person, security or trans Zone, Panama, Puerto Rico, portions of action from any provision or provisions The common stock, 10-cent par value, the West Indies and the District of of the Act, if and to the extent that such of Westec Corp., being listed and reg Columbia. The Canadian head office in exemption is necessary or appropriate in istered on the American Stock Exchange Toronto maintains a complete and sepa the public interest and consistent with pursuant to provisions of the Securities rate accounting system and operates the protections of investors and the pur Exchange Act of 1934 and all other se much like a separate corporate entity. poses fairly intended by the policy and curities of Westec Corp., being traded Applicant’s Canadian operations are provisions of the Act. otherwise than on a national securities subject to the provisions of the Canadian Applicant submits that it is appropri exchange; and Foreign Insurance Companies Act. Since ate in the public interest and consistent It appearing to the Securities and Ex 1966, applicant has been authorized to with the protection of investors and the change Commission that the summary sell life insurance in Canada. purposes fairly intended by the policy suspension of trading in such securities MVCA is-a separate account of Appli and provisions of the Act for the Com on such Exchange and otherwise than cant established by resolution of Appli mission to enter an order exempting on a national securities exchange is re cant’s board of directors on February 15, MVCA from all the provisions of the quired in the public interest and for the 1969. Variable Annuity Contracts will be Act and applicant has agreed to the fol protection of investors: sold only in Canada to Canadian resi lowing conditions in the event such order I t is ordered, Pursuant to sections dents, corporations, trusts, or any other should be issued by the Commission : 15(c)(5) and 19(a)(4) of the Securities legal entities operating in Canada and 1. Applicant will inform the Commis Exchange Act of 1934, that trading in the contributions paid thereunder will sion, on or before April 1 of each year, such securities on the American Stock be held by and invested through MVCA. of the extent, if any, to which U.S. citi Exchange and otherwise than on a na Payments made under contracts funded zens are the holders of participating in tional securities exchange be summarily through MVCA will be in Canadian cur terests in MVCA. suspended, this order to be effective for rency. All of the assets of MVCA will be 2. The Commission may reserve juris the period April 22, 1969, through May 1, physically held in Canada. Most of the diction to modify or rescind such order, 1969, both dates inclusive. common stock held in the account will after opportunity for hearing, if at any By the Commission. be in Canadian securities in compliance time in the future, the facts pertaining with the requirements of the Foreign to the operations of MVCA should war [ s e a l ] O rval L. D u B o is , Insurance Companies Act. The invest rant such action. Secretary. ment portfolio of MVCA will be managed Notice is further given, that any in [F.R. Doc. 69-4960; Filed, Apr. 24, 1969; initially by the investment department terested person may, not later than 8:46 a.m.] at Applicant’s home office in Omaha, May 7, 1969 at 5:30 p.m., submit to the Nebr. The same is true with respect to Commission in writing a request for a the actual purchase and sale of securities hearing on the matter accompanied by for MVCA; payment and delivery, how a statement as to the nature of his in INTERSTATE COMMERCE ever, will be made in Canada. Applicant terest, the reason for such request and represents it is hopeful that these func the issues of fact or law proposed to be COMMISSION tions can be assumed by the Canadian controverted, or he may request that he [S.O. 1002; Car Distribution Direction 47] head office contingent on the success and be notified if the Commission shall order volume of business. a hearing thereon. Any such communi SOUTHERN RAILWAY CO. AND MIS- Initially, Applicant intends to sell cation should be addressed: Secretary, SOURI-KANSAS-TEXAS RAILROAD MVCA contracts to individuals with the Securities and Exchange Commission, CO. prospect of expanding to group sales at Washington, D.C. 20549. A copy of such Car Distribution some later date. At no time does Appli request shall be served personally or by cant contemplate or intend to sell to mail (airmail if the person being served Pursuant to section 1 (15) and (17) of other than permanent residents of Can is located more than 500 miles from the the Interstate Commerce Act and au ada with its primary efforts directed to point of mailing) upon Applicant at the thority vested in me by Interstate Com Canadian citizens. It is possible that if address stated above. Proof of such serv merce Commission Service Order No. group contracts are sold, some American ice .(by affidavit or in case of an attorney 1002: citizens may be involved by virtue of their at law by certificate) shall be filed Con It is ordered, That: employment and requirements for cov temporaneously with the request. A t any (1) Each common carrier by railroad erage. Applicant asserts, however, that time after said date, as provided by Rule subject to the Interstate Commerce Act it will always exercise care to avoid such 0-5 of the rules and regulations promul shall comply with the following distri situations where it would involve a sub gated under the Act, an order disposing bution directions: stantial number of such persons. of the application herein may be issued (a) Southern Railway Co. shall de The application states that if MVCA by the Commission upon the basis of liver to the Missouri-Kansas-Texas Rail is required to comply with the Act, it the information stated in said applica road Co. a weekly total of 175 empty would constitute a competitive disad tion, unless an order for hearing upon plain serviceable boxcars with inside vantage in Canada with respect to Ca said application shall be issued upon re length less than 44 feet 8 inches and nadian domestic insurance companies is quest or upon the Commission’s own mo doors less than 8 feet wide. Exceptions: suing variable annuity contracts. Appli tion. Persons who request a hearing or Canadian ownerships. cant also states that MVCA will be sub advice as to whether a hearing is ordered, It is further ordered, That the rate ject to the Canadian Foreign Insurance will receive notice of further develop of delivery specified in this direction Companies Act. The Superintendent of ments in this matter, including the date shall be maintained within weekly pe Insurance of Canada has by letter to of the hearing (if ordered) and any post riods ending each Sunday at 11:59 p.m., Applicant (which Applicant has filed as ponements thereof. so that at the end of each 7 days the full delivery required for that period an exhibit to the application) indicated For the Commission (pursuant to dele shall havë been made. that he is familiar with the proposed op gated authority). erations of Applicant in connection with I t is further ordered, That cars ap the issuance of variable annuity con [ s e a l ] O r val L . D u B o is , plied under this direction shall be so tracts through MVCA and that he be Secretary. identified on empty car cards, movement lieves that the interest of Canadian resi [FJt. Doc. 69-4947; Filed, Apr. 24, 1969; slips, and interchange records as moving dents affected thereby will be adequately 8:46 a.m.] under the provisions of this direction. FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 No. 79------7 6952 NOTICES M o to r C arriers o f P r o p e r t y ern Pickle Co., a division of Chez-Lyn (b) The carrier delivering the empty Enterprises, Inc., 655 Highland Avenue boxcars as described abové must advise No. MC 4405 (Sub-No. 470 T A ), filed NE., Atlanta, Ga. 30312. Send protests Agent R. D. Pfahler each Wednesday as April 16, 1969. Applicant: DEALERS to: William L. Scroggs, District Super the number of cars, covered by this di TRANSIT, INC., 7701 South Lawndale visor, Interstate Commerce Commission, rection, delivered during the preceding Avenue, Chicago, 111. 60652. Applicant’s Bureau of Operations, Room 309, 1252 week, ending each Sunday at 11:59 p.m. representative: R. O. Homberger (same West Peachtree Street NW., Atlanta, Ga. (c) The carrier receiving the cars address as above). Authority sought to 30309. described above must advise Agent R. D. operate as a common carrier, by motor No. MC 112801 (Sub-No. 92 T A ), filed Pfahler each Wednesday as to the num vehicle, over irregular routes, transport April 16, 1969. Applicant: TRANSPORT ber of cars received during the preceding ing: Trailers, other than those designed SERVICE CO., Post Office Box 50272, week, ending each Sunday at 11:59 p.m. to be drawn by passenger automobiles, in Chicago, 111. 60650. Applicant’s repre (2) Regulations suspended: The oper Initial Truckaway Service, from Glas sentative: Robert H. Levy, 29 South La ation of all rules and regulations, insofar gow, Mo., and Leavenworth, Kans., to Salle Street, Chicago, 111. 60603. Authority as they conflict with the provisions of points in the United States, excluding sought to operate as a common carrier, this direction, is hereby suspended. Alaska and Hawaii, for 180 days. Sup by motor vehicle, over irregular routes, (3) Effective date: This direction shall porting shipper: Standard-Havens, Inc., transporting: Anhydrous ammonia, in become effective at 12:01 a.m., April 24, a division of Havens Steel Co., 7219 East bulk, in tank vehicles, from the storage 1969. 17th Street, Kansas City, Mo. 64126. Send facilities and/or plantsite of Central (4) Expiration date: This direction protests to: District Supervisor Roger L. Nitrogen, Inc., at or near Terre Haute, shall expire at 11:59 p.m., May 11, 1969, Buchanan, Interstate Commerce Com Ind., to points in Illinois, Indiana, unless otherwise modified, changed, or mission, Bureau of Operations, 219 South Michigan, and Ohio, for 150 days. Sup suspended by order of this Commission. Dearborn Street, Chicago, 111. 60604. porting shipper: Central Farmers It is further ordered; That a copy of No. MC 4405 (Sub-No. 471 T A ), filed Fertilizer Co., 100 South Wacker Drive, this direction shall be served upon the April 16, 1969. Applicant: DEALERS Chicago, 111. 60606. Send protests to: Dis Association of American Railroads, Car TRANSIT, INC., 7701 South Lawndale trict Supervisor Roger L. Buchanan, Service Division, as agent of all rail Avenue, Chicago, 111. 60652. Applicant’s Interstate Commerce Commission, Bu roads subscribing to the car service and representative: R. O. Homberger (same reau of Operations, Room 1086,219 South per diem agreement under the terms of address as above). Authority sought to Dearborn Street, Chicago, 111. 60604. that agreement; and that notice of this operate as a common carrier, by motor No. MC 114028 (Sub-No. 15 T A ), filed direction be given to the general public vehicle, over irregular routes, transport April 14, 1969. Applicant: ROWLEY IN by depositing a copy in the Office of the ing: Trailers, other than those designed TERSTATE TRANSPORTATION COM Secretary of the Commission in Wash to be drawn by passenger automobiles, PANY, INC., 1717 Maple Street, Dubuque, ington, D.C., and by filing it with the and container chassis, in Initial Truck Iowa 52001. Applicant’s representative: Director, Office of the Federal Register. away Service, from Camden, N.J., to Jerome C. Stieber (same address as Issued at Washington, D.C., April 21, points in the United States, excluding above). Authority sought to operate as a Hawaii, for 180 days. Supporting shipper: common carrier, by motor vehicle, over 1969. Strick Corp., U.S. Highway No. 1, Fair irregular routes, transporting: Charcoal, I n t e r st a t e C o m m e r c e less Hills, Pa. 19030. Send protests to: in containers, from points in Marquette C o m m is s io n , District Supervisor Roger L. Buchanan, County, Mich., to points in Iowa, and [ s e a l ] N . T h o m a s H ar r is, Agent. Interstate Commerce Commission, Bu points in Carroll, Henderson, Henry, Jo reau of Operations, 219 South Dearborn Daviess, Knox, Lee, Mercer, Ogle, Rock [F.R. Doc. 69-4962; Filed, Apr. 24, 1969; Street, Chicago, HI. 60604. Island, Warren, and Whiteside Counties, 8:47 a.m.] No. MC 87720 (Sub-No. 92 T A ), filed 111., for 180 days. N o t e : Applicant does April 16, 1969. Applicant: BASS TRANS not intend to tack with any other au [Notice 819] PORTATION CO., INC., Old Croton thority now held. Supporting shipper: MOTOR CARRIER TEMPORARY Road, Post Office Box 391, Flemington, Royal Oak Charcoal Co., Post Office Box NJ 08822. Applicant’s representative: 250, Marquette, Mich. 49885. Send pro AUTHORITY APPLICATIONS Bert Collins, 140 Cedar Street, New York, tests to: Chas. C. Biggers, District Super A p r il 22, 1969. N.Y. 10006. Authority sought to operate visor, Interstate Commerce Commission, Bureau of Operations, 332 Federal The following are notices of filing of as a contract carrier, by motor vehicle, Building, Davenport, Iowa 52801. applications for temporary authority un over irregular routes, transporting. No. MC 119012 (Sub-No. 5 T A ), filed der section 210a(a) of the Interstate Washing compounds, in tote bins and cartons, between Bristol, Pa., and River- April 16, 1969. Applicant: RIVER Commerce Act provided for under the TERMINALS TRANSPORT, INC., 208 new rules of Ex Parte No. MC-67 (49 dale, N.J., for 180 days. Supporting shipper: Purex Corp., Ltd., Radcliflfe Broadway, Post Office Box No. 176, C F R Part 340), published in the F ederal Aurora, Ind. 47001. Authority sought to R e g ister , issue of April 27, 1965, effec Street at Fillmore, Bristol, Pa. Send pro tests to: Raymond T. Jones, District operate as a common carrier, by motor tive July 1,1965. These rules provide that vehicle, over irregular routes, transport protests to the granting of an applica Supervisor, Interstate Commerce Com mission, Bureau of Operations, 410 Post ing: Ferrochrome, in self unloading con tion must be filed with the field official tainers; from Aurora, Ind., to Detroit, named in the F ederal R egister publica Office Building, Trenton, N.J. 08608. No. MC 107515 (Sub-No. 651 T A ), filed Mich., for 180 days. Supporting shipper: tion, within 15 calendar days after the Engelhard Hanovia Ore & Base Metal date of notice of the filing of the appli April 15, 1969. Applicant: REFRIGER ATED TRANSPOT COMPANY, INC., Sales, 113 Astor Street, Newark, N.J. cation is published in the F ederal R e g is 07114. Send protests to: James W. ter . One copy of such protest must be Post Office Box 10799, Station A, Atlanta,, Ga. 30310. Applicant’s representative: Habermehl, District Supervisor, Inter served on the applicant, or its authorized state Commerce Commission, Bureau of representative, if any, and the protests B. L. Gundlach (same address as above). Authority sought to operate as a com Operations, 802 Century Building, 36 must certify that such service has been South Pennsylvania Street, Indian made. The protests must be specific as to mon carrier, by motor vehicle, over ir the service which such protestant can regular routes, transporting: Relishes, apolis, Ind. 46204. and will offer, and must consist of a sauerkraut, salad dressing, tomatoes, No. MC 119988 (Sub-No. 23 T A ), filed signed original and six copies. peppers, olives, pickles, herring in sauce April 7, ,1969. Applicant: GREAT (in poly bags, glass, or kegs) in vehicles WESTERN TRUCKING CO., INC., 811% A copy of the application is on file, and North Timberline Drive, Post Office Box can be examined at the Office of the equipped with*mechanical refrigeration, 1384, Lufkin, Tex. 75901. Applicant’s rep Secretary, Interstate Commerce Com from Atlanta, Ga., to points in North resentative: Bennie Haskins (same ad mission, Washington, D.C., and also in Carolina, South Carolina, Texas, Okla dress as above). Authority sought to the field office to which protests are to be homa, Kentucky, and Jacksonville, Fla., operate as a common carrier, by motor transmitted. for 150 days. Supporting shipper: South FEDERAL REGISTER, VOL. 34, NO. 79— FRIDAY, APRIL 25, 1969 NOTICES 6953 vehicle, over irregular routes, transport tests to: John T. Vaughan, District [Notice 333] ing: Newsprint, from points in Angelina Supervisor, Interstate Commerce Com County, Tex., to points in Oklahoma and mission, Bureau of Operations, 6201 Fed MOTOR CARRIER TRANSFER Arkansas; restricted against the trans eral Building, Salt Lake City, Utah 8411L PROCEEDINGS portation of shipments to (1) Oklahoma No. MC 128860 (Sub-No. 3 T A ), filed April 22, 1969. City, Tulsa, and Sapulpa, Okla., and the April 16, 1969. Applicant: BEN LARRY, respective commercial zones thereof; (2) doing business as LARRY’S EXPRESS, Synopses of orders entered pursuant points on U.S. Highway 77 (Interstate 720 Lake Street, Tomah, Wis. 54660. Au to section 212(b) of the Interstate Com Highway 35) between the Texas-Okla- thority sought to operate as a contract merce Act, and rules and regulations homa State line and Oklahoma City, carrier, by motor vehicle, over irregular prescribed thereunder (49 CFR Part Okla.; (3) Texarkana, Port Smith, Little routes, transporting: Malt beverages and 1132), appear below: Rock, North Little Rock, Pine Bluff, Cros- related advertising materials, and pre As provided in the Commission’s spe sett, El Dorado, Monticello, and West miums, and malt beverages dispensing cial rules of practice any interested per Memphis, Ark., and points in their re equipment in mixed loads with malt son may file a petition seeking recon spective commercial zones, for 120 days. beverages, from La Crosse, Wis.; St. sideration of the following numbered N o t e : Applicant states it does not in Louis, Mo.; Detroit, Mich.; Newark, N.J., proceedings within 20 days from the date tend to tack authority with presently au to St. Paul, Minn., for 180 days. Support of publication of this notice. Pursuant to thorized routes. Supporting shipper: ing shipper: Capitol City Distributing jsection 17(8) of the Interstate Commerce Southland Paper Mills, Inc., Mr. A. Q. Co., Inc., 245 East Fillmore Avenue, St. Act, the filing of such a petition will post Elliott, Traffic Manager, Post Office Box Paul, Minn. 55107. Send protests to: pone the effective date of the order in 1328, Lufkin, Tex. 75901. Send protests Barney L. Hardin, District Supervisor, that proceeding pending its disposition. to: District Supervisor John C. Redus, Interstate Commerce Commission, Bu The matters relied upon by petitioners Bureau of Operations, Interstate Com reau of Operations, 444 West Main must be specified in their petitions with merce Commission, Post Office Box 61212, Street, Room 11, Madison, Wis. 53703. particularity. Houston, Tex. 77061. No. MC 128878 (Sub-No. 12 T A ), filed No. MC-FC-71124. By order of April 16, No. MC 123814 (Sub-No. 4 T A ), filed April 16, 1969. Applicant: SERVICE 1969, the Motor Carrier Board approved April 16, 1969. Applicant: GEORGE A. TRUCK LINE, INC., Post Office Box 961, the transfer to Rex Harris, Inc., HALL CARTAGE CO., LTD., 1281 Conde Shreveport, La. 71102. Authority sought Roundup, Mont., of certificate No. MC- Street, Montreal, Province of Quebec, to operate as a common carrier, by motor 110754, issued January 30, 1951, to Rex Canada. Applicant’s representative: vehicle, over irregular routes, transport Harris, Roundup, Mont., authorizing the Adrien R. Paquette, lOieme Etage, 200, ing: Charcoal and charcoal briquettes, transportation of: Machinery, equip rue St-Jacques, Montreal 126, Province in containers; from New Orleans, La., to ment, materials, and supplies used in, of Quebec, Canada. Authority sought to points in Arkansas, Louisiana, Missis or in connection with, the discovery, operate as a contract carrier, by motor sippi, Oklahoma, and Texas, for 180 days. development, production, refining, manu vehicle, over irregular routes, transport Supporting shipper: Secca Plant, Guaya facture, processing, storage, transmis ing: Cement, in bulk, in tank vehicles, quil, Ecuador. Send protests to: W. R. sion, and distribution of natural gas, and from ports of entry on the international Atkins, District Supervisor, Interstate petroleum, and their products and by boundary line between the United States Commerce Commission, Bureau of Op products, and of machinery, equipment, and Canada located in Maine, New erations, T-4009 Federal Building, 701 materials, and supplies used in, or in Hampshire, Vermont, and New York, to Loyola Avenue, New Orleans, La. 70113. connection with, the construction, opera points in Maine, New Hampshire, Ver No. MC 133632 (Sub-No. 1 T A ), filed tion, repair, servicing, maintenance, and mont, and New York, for 180 days. Sup April 16, 1969; Applicant: HENRY F. dismantling of pipelines, including the porting shipper: Ciments Lafarge Que STALEY, doing business as H. F. stringing and picking up thereof, except bec Ltee, St. Constant, Province of Que STALEY’S TRUCKING SERVICE, 2319 in connection with main pipelines, be bec, Canada., Send protests to: District 51st Place, Tuxedo, Md. 20781. Appli tween points in Montana on and east of Supervisor, Martin P. Monaghan, Jr., In cant’s representative: Daniel B. Johnson, the western boundary lines of Blaine, terstate Commerce Commission, Bureau Perpetual Building, Washington, D.C. Fergus, Wheatland, Golden Valley, Still of Operations, 52 State Street, Room 5, 20004. Authority sought to operate as a water, and Carbon Counties, and between Montpelier, Vt. 05602. contact carrier, by motor vehicle, over points in the above-described Montana No. MC 127605 (Sub-No. 6 T A ), filed irregular routes, transporting: Fence, territory, on the one hand, and, on the April 15, 1969. Applicant: ELMER E. fence fittings and accessories, materials, other, points in Wyoming. J. F. Meglen, LAIRD, doing business as ELMER E. supplies, and equipment used in the Post Office Box 1581, Billings, Mont. LAIRD & SON, 3135 West North Temple manufacture of fence and fence acces 59103, attorney for applicants. Street, Post Office Box 1343, Salt Lake sories, and reinforcing wire mesh, ma No. MC-FC-71185. By order of April 16, City, Utah 84116. Applicant’s repre terials, and supplies, and equipment used 1969, the Motor Carrier Board approved sentative: William S. Richards, Walker in the manufacture of reinforcing wire the transfer to Mack Brothers, Inc., Bank Building, Salt .Lake City, Utah mesh, between Toledo, Ohio, Rock Hill, Court Street, Victoria, Va. 23974, of 84111. Authority sought to operate as a S.C., and Bladensburg, Md., and points certificates Nos. MC-83360 and MC- contract carrier, by motor vehicle, over in those States east of the Mississippi 83360 (Sub-No. 4) issued February 19, irregular routes, transporting: Sporting River and Louisiana and Arkansas, not 1943, and October 7, 1963, to T. M. goods, fire alarms, vacuum cleaners, including Minnesota. Restricted to serv McLaughlin, Court Street, Victoria, Va. sewing machines, sewing machine cases, ice to be performed under a continuing 23974, authorizing the transportation of: electric blenders, photo albums, floor contract wtih the National Fence Man General commodities, with exceptions, sanding, waxing and cleaning machines, ufacturing Co., Inc., Bladensburg, Md., but including household goods, and cer cameras, projectors, lawn mowers, en for 180 days. Supporting shipper: Na tain specifically named commodities, be cyclopedias, cookware, dishware, melmac tional Fence Manufacturing Co., Inc., tween points in Virginia, North Carolina, products, can openers, coffee makers, 4301 46th Street, Bladensburg, Md. 20710. South Carolina, Maryland, Pennsylvania, luggage, watches, power tools, radios, Send protests to: Robert D. Caldwell, Tennessee, Kentucky, West Virginia, and toothbrushes, grass catchers, picnic jugs, District Superivsor, Interstate Commerce Washington, D.C. cutlery, and advertising material, for the Commission, Bureau of Operations, 12th No. MC-FC-71263. By order of April 16, account of National Housewares, Inc., and Constitution Avenue NW., Washing 1969, the Motor Carrier Board approved between Los Angeles, Calif., and points ton, D.C. 20423. the transfer to Dugas Express Co., a in the Los Angeles Harbor commercial corporation, Lewiston, Maine, of certifi zone, and Dallas, Houston, Corpus By the Commission. cate of registration No. MC-58672 (Sub- Christi, and San Antonio, Tex., for 180 [ s e a l ] H . N e il G a r s o n , No. 1), issued December 21, 1965, to Fer days. Supporting shipper: National Secretary. nand Doyon, doing business as Dugas Housewares, Inc., 1260 East Vine Street, [F.R. Doc. 69-4963; Filed, Apr. 24, 1969; Express Co., Lewiston, Maine, authoriz Salt Lake City, Utah 84121. Send pro 8:47 a.m.] ing transportation pursuant to Maine FEDERAL REGISTER, VOL. 34, NO. 7 ? — FRIDAY, APRIL 25, 1969 6954 NOTICES certificate No, 68, issued prior to Octo authorizing the transportation of : Live products, hatchery equipment, and ber 15,1962, and currently renewed. W il stock and eggs, from points in the towns poultry supplies, from Minneapolis, St. liam F. Julavits, 465 Maine Street, Lewis of Albany and Lima, Pepin County, those Paul, South St. Paul, and Newport, Minn., ton, Maine 04240, attorney for applicants. in the towns of Mondovi, Naples, and to points in the above-specified Wiscon No. MC-FC-71280. By order of April 16, Canton, Buffalo County, those in the sin towns. A. R. Fowler, 2288 University Avenue, St. Paul, Minn. 55114, repre 1969, the Motor Carrier Board approved towns of Peru and Rock Creek, Dunn County, and those in the towns of sentative for applicants. the transfer to John G. Franck and Peter Pleasant Valley, Brunswick, and Dram- [ s e a l ! H. N e il G a h so n , Franck, a partnership, doing business as men, Eau Claire County, Wis., to Min Secretary. Franck Bros., Eau Claire, Wis., of certifi neapolis, St. Paul, South St. Paul, and cate No. MC-47585, issued July 9, 1965, Newport, Minn.; and flour, feed, wind [F.R. Doc. 69-4964; Filed, Apr. 24, 1969; to Gordon L. Sather, Eau Claire, Wis., mills, and parts, machinery, petroleum 8:47 a.m.] CUMULATIVE LIST OF PARTS AFFECTED— APRIL The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during April 3 CFR p**e 5 CFR—Continued page 7 CFR—Continued page P roposed R u l e s — Continued P roclamations : P roposed R u l e s : 3908 ______- ___ 6467 890______- ______6799 1064______6482 3909 ______6679 1079______6589 7 CFR 1125______6697 E x e c u t iv e O r ders: 1103______5998 Sept. 7, 1917 (revoked in part 51______6180 1138______- ______6001 by PLO 4604)______6585 52______6437 1201______- 6738 Sept. 27,1917 (revoked in part 215______6515 by PLO 4604)______6585 220______6321 8 CFR 319______6571 June 8, 1926 (revoked in part 214______6036 by PLO 4604)______6585 718______6235, 6572 238______6036 Mar. 14,1927 (revoked by PLO 777 ______6907 316a______6036 4600) ______6584 778 ______6767 718 (revoked by PLO 4597),— 6584 811______6469 813 ______6321 9 CFR 1357 (revoked by PLO 4623)— 6689 ____ 6573 1568 (revoked in part by PLO 814 ______6031 4625)______6690 849______6237 P roposed R u l e s : 2067 (revoked in part by PLO 862______6651 76______6047 4596)______6583 905 ______6277 317______6284, 6538 4872 (revoked by PLO 4620) — 6689 906 ______6075, 6651, 6848 5289 (revoked in part by PLO 907 ______6034, 6325, 6572, 6848 1 0 CFR 4602)______•______6585 908 _ 6035, 2______6037 5327 (see PLO 4615)______6658 6325, 6326, 6470, 6572, 6729, 6849 30 ______6652, 6653 6276: 910 ______6181, 6437, 6470, 6681, 6729 31 ______6652 Revoked in part by PLO 911 ______6438 32 ______6652, 6653 4610______6697 912 ______6181, 6439, 668150______6037.6769 Revoked in part by PLO 913 _ 6182, 6439, 668173______— ------____ 6277 4635______6779 944__ 6516 115______6037 6544 (revoked in part by PLO 959______6439, 6573 150______6517.6770 4613)______6657 966______6326 P roposed R u l e s : 6583: 980______-1- 6326 1______6002 Revoked in part by PLO 987______6471 2 6002, 6540, 6931 1073______6516 ______4610______6687 50______6002,6540, 6599 Revoked in part by PLO 1103______6516 115—______6002 4619______11336688______6182 7106 (revoked in part by 1430______6471 12 CFR PLO 4641)______6781 1468______6328 7415 (see PLO 4620)____ 6689 1472______6327 201______6417 8598 (revoked in part by PLO 1483______6768, 6769 204______6329 4617)______:______6688 1601______6328 224______6472 6417 11248 (amended by EO 11463). 6029 P roposed R u l e s : 226______329______6574 11368 (amended by EO 11464) _ 6233 28______6244, 6852 11462 ______5983 508______6575 81______6283 563______6279 11463 ______i ___ 6029 362______6106,6194 11464 ______6233 650______6329 725______6785 654______— 6329 11465 ______6415 908______6787 11466 ______6727 913______6693 P roposed R u l e s : 932______6482 210______6739 5 CFR 950______6787 217______6200 213______5985, 980______6396 226______6295 6035, 6036, 6180, 6515, 6639, 6730, 1004 ______6788 329______6198 6767, 6837 1005 ______6531 526______6199 315______6639 1009______6531 545______6542 550______5985, 6277 1036___ 6531 563______6543 735______6515 1060______6738 569______6200 FEDERAL REGISTER, V O L 34, NO. 79— FRIDAY, APRIL 25, 1969 FEDERAL REGISTER 69&5 14 CFR Page 19 CFR Pa^ePage 32 CFR Page 39------6330, 1------—...... 6375, 6923 198— ------___ 5987 6375, 6376, 6472, 6518, 6519, 6639, 8------6418 200—------6375 6640, 6729, 6770 10------6520, 6655 536______6241, 6839 71______5895, 5896 16------5986, 6418 537 ------6433 6038, 6075-6079, 6173, 6280, 6331, 806a------6841 6376, 6473-6475, 6519, 6640, 6682, 21 C F R - 1711------6778 6683,6771, 6907 2------6237 1812__------6843 73______— 5986, 6079, 6080, 6837 8------6777 75------*______6079 17— ------6479 32A CFR 93------6475 120______6041, 6239, 6418, 6419, 6655 NS A (Ch. XVIJI) : 97______6174, 6377, 6641, 6908 121----- 6043, 6239, 6240, 6419, 6684, 6778 AGE 1------___ 6522 203______6771 130------6778 INS-1------6188, 6656 207 _ 6772 138----- 6043 208 ------6081,6773 141------6420 33 CFR 212______6773 145__-----___------______6044 214______6087,6773 n o ______5988, 6480, 6577, 6685 146 ------6237 117______249______'___ 6774 147 ------6241 ------5989, 6280 302______6838 204______------6656 148p------6420 207______385___ 6091 148v------:______6044 ______6480, 6924 401______------6685 389______6838 149d______6420 1204------6393 281------5987 P r o p o s e d R u l e s : P r o p o s e d R u l e s : 320______6685 117______6539 23------6195 P r o p o s e d R u l e s : 25------__ 6443 36 CFR 29------1______6196 3—______6441 7— ___------6331, 6523 39__------6398, 6659 8------6396 120 ------6442 P r o p o s e d R u l e s : 61-----;------6112, 6484 7______6283, 6660, 6931 71------6001, 121 -___:------6194, 6284, 6442 130------6443 6122, 6197, 6288, 6289, 6486-6489, 37 CFR 6540, 6697, 6698, 6794 141—_— _— ;______6443 73— ------6050 141c______6284 1 — ------6843 75_------6289,6660,6795 146c______6284 P r o p o s e d R u l e s : 91------6196 146d______6284 1------_____------■___._ 6852 121______6112, 6196, 6198, 6333, 6443 146e_^______6284, 6443 123------6443 39 CFR 22 CFR 127------6196, 6198 201------______6101 135------6195, 6198 41-----___----- 6479 542------6190 225------6489 822______5989 244------6853 24 CFR 832------6101 296 ------6853 25 ______P r o p o s e d R u l e s : 297 ------6853 ____ 6421 298 ------6256 200______6183, 6575 132------5998 242______399------6853 ____ 6183 1906-______6421 41 CFR 15 CFR P r o p o s e d R u l e s : 1-3 ------6844 1907-______6245 1-6— ------6844 30------6183 5-1------6192 372 - 6091 25 CFR 5-2------6192 373 ------6092 5-3------6192 379------6094 503------6838 5-53______5990 385_------6096 P r o p o s e d R u l e s : 8- 6 - _____ 6730 P r o p o s e d R u l e s : 257------6783 8-8------6730 1000------6246, 6254 8-12------6731 26 CFR 8-18------6732 9- 1------___ 6578 16 CFR 601------6424 9-2------6578 13------6039, P r o p o s e d R u l e s : 9-3—I--- ._------;______6579 6040, 6097-6100, 6393, 6476-6478, 41------6244, 6333 9-6------6579 6774-6776 9-7------6579 15------__------6519, 6654, 6655, 6907 29 CFR 9-8------6579 303------!______6776 1504------6150 9-14------6579 P r o p o s e d R u l e s : 9-18------6579 P r o p o s e d R u l e s : 250------._------6857 9-58------6582 850----- 6396 12-3------6242 12-7------6243 17 CFR 30 CFR 12-15------6243 12B-3-----,_------6687 6478 P r o p o s e d R u l e s : 150______6777 50-201------6687 14------6735 231____ 6575 50-204------6779 240______6101 55 ------6737 101-18------6732 56 ------6737 249____ 6730 101-19____ 6192 57 ------6737 279______6730 42 CFR P r o p o s e d R u l e s 31 CFR 240______6700 81------6394, 6436 82------6393 P r o p o s e d R u l e s : 205------6521 18 CFR 73------6047 P r o p o s e d R u l e s : 76------6122 141------6520 306------6930 81------6539 6956 FEDERAL REGÎSÏER 43 CFR Page 43 CFR—Continued page 46 CFR Page 4______6924 Public Land Orders—Continued 255------5991 P u b l i c L a n d O r d e r s : 4606 ______6587 309______5991 191 (revoked in part by PLO 4607 ______6587 370 ____ 6928 4607)______6587 4608 ______6587 375______6929 235 (revoked by PLO 4615)— 6658 4609 ______6656 P r o p o s e d R u l e s : 261 (revoked in part by PLO 4610 ______;__ 6687 527 ______6502 4607)______6587 4611 ______6657 528 ------6502 881 (see PLO 4607)__ - ______6587 4612 ______6657 537___ 6502 1227 (revoked in part by PLO 4613 ______6657 4624)______6690 4614 ______6657 47 CFR 1273 (revoked in part by PLO 4615 ______6658 0 ______6480, 6524 4607)______6587 4616i______a______6688 4617 ______6688 1 ______6480 1564 (revoked in part by PLO 17______6480 4618 ___ 6688 4624)______6690 21______6525 4619 ______:______6688 1567 (revoked in part by PLO 43______6526 4620.______6689 4639)_____ 6780 73______5996,6781 4621 ______6689 1626 (amended by PLO 4636) _ 6780 81______6527 4622 ______6689 2198 (revoked in part by PLO 83— ______6527 4623 ______6689 4593)______6583 87 4624 ______6690 ____ 6528 2375 (revoked by PLO 4633) — 6779 97______:______6528 2400 (amended by PLO 4621) _ 6689 4625 ____ 6690 2548 (revoked by PLO 4595)_ 6583 4626 ______6690 P r o p o s e d R u l e s : 2671 (see PLO 4609)______6656 4627 _I ______6690 1______6932 2712 (revoked in part by PLO 4628 ______6691 21______6932 4624)______6690 4629 ______6691 43______6932 2931 (revoked in part by PLO 4630 ______6691 63______6290,6799 4624)______— ______6690 4631 ______6691 73— 6293, 6397, 6698, 6699, 6800, 6932 95______6293 3707 (revoked in part by PLO 4632______6692 97______6294, 6334 4605)______6586 4633 ____J______6779 4498 (revoked in part by PLO 4634 ______6779 49 CFR 4612)______i______6657 4635 ______6779 1______6395, 6692 4513 (revoked by PLO 4608) __ 6587 4636 ____ 6780 7______— _____ 6436 4522 (see PLO 4615) ______6658 4637 ______6780 71______6849 4582: 4638 ______6780 173______6437 Modified by PLO 4589______6331 4639 ______6780 371 ______6102 See PLO 4618______6688 389______6851 4640 ______6781 393______6851 4589 ______6331 4641—-______6781 395______6851 4590 ______6524 4642 ______6781 1033______5997, 4591 ______6524 4643 ______6845 6281, 6395, 6529, 6530, 6587, 6588, 4592 ______6583 4644 ______6845 6733 4593 ______6583 4645 ______6846 P r o p o s e d R u l e s : 4594 ______6583 4646 ______T____ 6846 171______6795 4595 ______;______6583 4647 ______6848 173______6290, 6444, 6795, 6797 4596 _____ 6583 178______6795,6797 4648 ______6846 180______6798 4597 ______6584 4649 ______6847 371______6739 4598 ______6584 4650 ______6847 393______6001, 6852 4599 ______6584 4651 ______6847 Ch. X ______6800 4600 ______6584 4652 ______6847 1048______6050,6801 4601 ______6585 4653 ______6847 .1307______6296 4602 ______6585 45 CFR 50 CFR 4603 ______6585 28______6103, 6282, 6331, 6733, 6782 4604 ______I ______6585 40------5990 33______6104, 4605 ______6586 121______6281 6105, 6282, 6332, 6529, 6734, 6782 i ^£tlOAf4i government organization The United States Government O rganization M anual is the official guide to the functions of the the of functions the to guide official the is anual M rganization O Government States United The T h is handbook is an indispensable reference tool fo r teachers, lib ra ria n s, re se arch e rs, sch o la rs, rs, la o sch rs, e arch se re s, n ria ra lib teachers, r fo tool reference indispensable an is handbook is h T a es ad uies n h ne cret fca ifr to aot h U. Gvrment. Governm . .S U the about ation inform fficial o current need who en businessm and yers, law Presents e ssen tial inform ation about Government agencies (updated and republished a n n u a lly). lly). a u n n a republished and (updated agencies Government about ation inform tial ssen e Presents udi al ad xctv ranches. b executive and l, ia ic d ju re rmSprnedn fDcmns U. oenetPitn fc,Wahntn C.20402. 2 0 4 0 2 . .C D ashington, W ffice, O Printing Government . .S U Documents, of Superintendent from Order D escribes the creation and authority, organization, and functions of the agencies in the le g islative , , islative g le the in agencies the of functions and organization, authority, and creation the escribes D eea Gvrment. Governm Federal GOVERNMENT o o per copy. Paperbound, with charts with Paperbound,copy. per KNOW YOUR manual 19C8 9 6 9