FEDERAL REGISTER VOLUME 32 • NUMBER 36

Wednesday, February 22, 1967 • Washington, D.C. Pages 3127-3208

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Power Commission Fish and Wildlife Service General Services Administration Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Science Foundation Post Office Department Public Health Service Securities and Exchange Commission Small Business Administration Vocational Rehabilitation Administration Detailed list of Contents appears inside. How To Find U.S. Statutes and United States Code Citations

[Revised Edition—1965]

This pamphlet contains typical legal eluded. Examples are furnished at references which require further cit­ pertinent points and a list of refer­ ing. The official published volumes ences, with descriptions, is carried in which the citations may be found at the end. are shown alongside each refer­ This revised edition contains il­ ence—with suggestions as to the lustrations of principal finding aids logical sequence to follow in using and reflects the changes made in them. Additional finding aids, the new master table of statutes set some especially useful in citing cur­ out in the 1964 edition of the United rent legislation, also have been in- States Code.

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THE PRESIDENT COAST GUARD HEALTH, EDUCATION, AND Proposed Rule Making WELFARE DEPARTMENT proclamations Disclosure of safety standards of See Public Health Service; Voca­ National Defense Transportation passenger vessels—------3153 tional Rehabilitation Adminis­ Day and National Transporta­ tration. tion Week, 1967----- — ----- 3131 CONSUMER AND MARKETING National Farm Safety Week, 1967_ 3135 National Poison Prevention Week, SERVICE INTERIOR DEPARTMENT 1967 ____ — ______3133 Proposed Rule Making See Fish and Wildlife Service; Land Management Bureau. executive o r d er M ilk in Northeastern Ohio, Modifying EO 11198, relating to Greater Youngstown-Warren, interest equalization tax on cer­ and Greater Wheeling market­ INTERNAL REVENUE SERVICE tain commercial bank loans.— 3137 ing areas; hearing.------3156 Proposed Rule Making Foreign base company services in­ FEDERAL AVIATION AGENCY come ______—— 3155 EXECUTIVE AGENCIES Rules and Regulations AGRICULTURAL STABILIZATION Cargo and baggage compartment INTERSTATE COMMERCE smoke detection instruments; AND CONSERVATION SERVICE technical standard order------3141 COMMISSION Rules and Regulations Rules and Regulations Proposed Rule Making Acreage and compliance; certifi­ Safety appliance standards; rail­ cation procedures and desig­ Student pilot logbook indorse­ road box and other house cars; nated counties------3139 ments; flight instructor limita­ hand brakes______3152 Burley referendum in Ohio, 1967; tions______3171 use of alternate county commit­ Technical standard orders; high Notices teemen and community com- frequency radio communica­ Ann Arbor Railroad Co.; rerouting mittteemen during canvass of tions: and diversion of traffic______3205 ballots------3139 Receiving equipment______3171 Motor carrier: Transmitting equipment------3175 Alternate route deviation no­ AGRICULTURE DEPARTMENT tices ______3195 See Agricultural Stabilization and FEDERAL COMMUNICATIONS Applications and certain other Conservation Service; Con­ COMMISSION proceedings______3197 sumer and Marketing Service. Intrastate applications ______3202 Rules and Regulations Temporary authority applica­ ATOMIC ENERGY COMMISSION Table of assignment, radio broad­ tions ___ 3203 cast services-—------3150 Transfer proceedings______3204 Rules and Regulations Proposed Rule Making Public contracts and property LAND MANAGEMENT BUREAU management; mandatory use of UHF television broadcast chan­ Federal specifications______3146 nels; table of assignments------3178 Rules and Regulations Notices Notices Alaska; public land order trans- TJpnYÌ'nn

3130 CONTENTS

SECURITIES AND EXCHANGE SMALL BUSINESS VOCATIONAL REHABILITATION COMMISSION ADMINISTRATION ADMINISTRATION Notices Notices Rules and Regulations Hearings, etc.: ) j Authority delegations; program Pittsburgh Coke & Chemical Co_ 3185 activities: W orkshops and rehabilitation Western Massachusetts Elec­ Economic development coordi­ facilities; grants for projects tric Co______;______3186 nators et al.: for training services______3148 Northeastern Area------3189 Midwestern Area______— 3192 Loan officers: Pacific Coastal Area—____ 3188 Southwestern Area______3195 TREASURY DEPARTMENT See Coast Guard; Internal Rev­ enue Service.

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 3 CFR 14 CFR 43 CFR P ublic Land Orders: P roclamations : 37______3141 P roposed R ules: 684 (see PLO 4161) _ 3151 3766 ______——_____ 3131 4161______3151 3767 ______3133 37 (2 documents) 3171, 3175 61______3171 3768 ______3135 .____ 3170 45 CFR 399______— 3148 Executive Orders : 402______26 CFR 611______3150 11198 (modified by EO 11328)----- 3137 11328______3137 P roposed R ules: 46 CFR 1 _ „ ______—______%____ 3155 P roposed R ules: 5 CFR 39 CFR 80______— 3153 531___ — ______3141 956______3143 47 CFR 41 CFR 73__—______3150 7 CFR 9-1______3146 P roposed R ules: 717______3139 101-7______3146 73______— ______3178 718— ______3139 101-10______3146 101-11______3147 49 CFR P roposed R ules: 131______- _____ - 3152 1008______3156 42 CFR 1036______3156 P roposed R ules: 50 CFR 1048______3156 77______— _ 3169 33______3151 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3766 NATIONAL DEFENSE TRANSPORTATION DAY AND NATIONAL TRANSPORTATION WEEK, 1967 By the President of the United States of America A Proclamation America’s transportation network is a living testament to our system of free enterprise. Operating in partnership with the Federal Government, it has met every challenge of war and peace. It has earned the respect and excited the admiration of men everywhere. Yet the decades ahead will tax our ingenuity to meet sharply rising demands for transportation services. Transportation facilities must double every 20 years. Responding to this challenge, the Congress has created a new Depart­ ment of Transportation. Its mission is to help the transportation industry develop new techniques and better integration of services. The new Department, now in its infancy, can help to assure the Nation the best, the most economical, and the iastest transportation services the world has ever seen. In recognition of the contributions of this great industry, the Con­ gress, by joint resolution approved May 16, 1957 (71 Stat. 30), has requested the President to proclaim annually the third Friday of May of each year as National Defense Transportation Day, and by a joint resolution approved May 14, 1962 (76 Stat. 69), has requested the President to proclaim annually the week of May in which that Friday falls as National Transportation Week, as a tribute to the men and women who, night and day, move our goods and our people throughout the land and around the world. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate Friday, May 19, 1967, as National Defense Transportation Day, and the week beginning May 14,1967, as National Transportation Week. I urge our people to participate with representatives of the trans­ portation industry, our armed services, and other governmental agen­ cies in the observance of these occasions through appropriate ceremonies. I also invite the Governors of the States to provide for the observance of National Defense Transportation Day and National Transportation Week in a way that will give the citizens of each community the opportunity to recognize and appreciate fully the vital role our great and modern transportation system plays in their lives and in the defense of the Nation.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3132 THE PRESIDENT IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fourteenth day of February in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-first.

By the President:

¿¡U j l , M . Acting Secretary of State. [F.R. Doe. 67-2090; Filed, Feb. 20, 1967 ; 2:15 p.m.]

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 THE PRESIDENT 3133

Proclamation 3767 NATIONAL POISON PREVENTION WEEK, 1967 By the President of the United States of America A Proclamation Americans enjoy one of the highest standards of health and medical care in the world. Among children, disease has been steadily reduced by technological advances such as vaccines, antibiotics, and other medications. Among the elderly, other discoveries have helped to alleviate pain and suffer­ ing from chronic diseases. The products of technology have lightened household chores and provided more time for leisure. But with this progress has come increased danger of poisoning in the home because of the wide use of such toxic substances as polishes, cleaners, solvents, pesticides, and medicines. Most victims of poisoning in the home are young children. They need our protection—protection that we can provide only by using dangerous products with caution and taking the time and trouble to store them completely beyond the reach of children. Recognizing the need for attention to the constant threat of acci­ dental poisoning, the Congress, by a joint resolution approved Septem­ ber 26,1961 (75 Stat. 681), has requested the President to issue annually a proclamation designating the third week in March as National Poison Prevention Week: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby proclaim the week beginning March 19,1967, as National Poison Prevention Week. I direct the appropriate agencies of the Federal Government, and I invite State and local governments and organizations, to participate actively in programs designed to promote better protection against accidental poisonings, particularly among children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fourteenth day of February in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-first.

By the President:

Acting Secretary of State. [F.R. Doc. 67-2091; Filed, Feb. 20,1967 ; 2:15 p.m.]

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967

THE PRESIDENT 3135

Proclamation 3768 NATIONAL FARM SAFETY WEEK, 1967 By the President of the United States of America A Proclamation Agriculture remains America’s first and most important industry. I t supplies food for our people and for many millions throughout the world, and a vast measure of the raw materials used in the making of other products. Therefore, whatever diminishes or impedes the efficiency and pro­ ductivity of our farmers is detrimental to men and women everywhere. Each year, accidents kill thousands of farm people, and disable nearly three-quarters of a million more. The resultant economic loss that must be borne by farm families and the Nation approaches two billion' dollars. This waste of human and economic resources, along with the tragic physical and psychological damage suffered by farm men, women, and children, should prompt us to regard the rural accident problem a matter for national concern. For this reason, I urge all farm families to help make their farms and communities safer by eliminating hazards and discontinuing unsafe practices that cause or contribute to accidents. This is the objective of National Farm Safety Week, 1967. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby call on the people of the Nation to observe the week of July 23,1967, as National Farm Safety Week. I urge all persons who live on farms, and those persons and groups allied with agriculture, to respond to applying full energy to the ongoing task of reducing accidents at work, m homes, at recreation, and on the roadways. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this sixteenth day of February in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-first.

By the President : tfjM. M. f t W . Acting Secretary of State. [F.R. Doc. 67-2092 ; Filed, Feb. 20,1967 ; 2:15 p.m.]

FEDERAL REGISTER, VOL 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36----2

THE PRESIDENT 3137

Executive Order 11328 MODIFYING EXECUTIVE ORDER NO. 11198, RELATING TO THE INTEREST EQUALIZATION TAX ON CERTAIN COMMERCIAL BANK LOANS WHEREAS it has been determined heretofore that the, acquisition of debt obligations of foreign obligors by commercial banks in making loans in the ordinary course of the commercial banking business has materially impaired the effectiveness of the tax imposed by section 4911 of the Internal Revenue Code of 1954? as added by the Interest Equal­ ization Tax Act, because such acquisitions have replaced acquisitions by United States persons, other than commercial banks, of debt obliga­ tions of foreign obligors which are subject to the tax imposed by section 4911; and WHEREAS such determination formed the basis for the issuance of Executive Order No. 11198,1 dated February 10, 1965, relating to the imposition of the interest equalization tax on the acquisition of such debt obligations by commercial banks ; and WHEREAS it is now appropriate that Executive Order No. 11198 be modified: NOW, THEREFORE, by virtue of the authority vested in me by section 4931(a) of the Internal Revenue Code of 1954, as amended (26 U.S.C. 4931(a) ), by section 3(e) (2) of the Interest Equalization Tax Extension Act of 1965 (Public Law 89-243; 79 Stat. 955), by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered that Executive Order No. 11198 be, and it is hereby, modified to read as follows : S ection 1. The provisions of section 4931 of the Internal Revenue Code of 1954, as amended, shall apply to acquisitions by commercial banks of debt obligations of foreign obligors to the extent set forth in sections 2 and 3. S ec. 2. (a) The exclusions provided in section 4914(j) (1) (A) (ii) and section 4915 (c) (2) (A) from the tax imposed by section 4911 shall continue to apply to any acquisition by a commercial bank pf a debt obligation of a foreign obligor ; and (b) The exclusion provided in section 4914(b) (2) (A) from the tax imposed by section 4911 shall apply only to an acquisition of such debt obligation which is made by a commercial bank at any of its branches located outside the United States. Sec. 3. The amendments of section 4931 contained in section 3 (e) (1) of the Interest Equalization Tax Extension Act of 1965 (Public Law 89-243; 79 Stat. 954) shall be applicable with respect to acquisitions of debt obligations of foreign obligors made after the date on which this order is issued. S ec. 4. The Secretary of the Treasury or his delegate is authorized to prescribe from time to time such regulations, rulings, directions, and instructions, and to require such reports of information, as he shall deem necessary to carry out the purposes of this order.- S ec. 5. This order shall be effective with respect to acquisitions of debt obligations of foreign obligors made during the period beginning on the day after the date on which this order is issued and ending on the date set forth in section 4911 (d).

T he W hite H ouse, February 20,1967. [F.R. Doc. 67-2108; Filed, Feb. 20, 1967 ; 4:45 p.m.]

130 F.R. 1929.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967

3139 Rules and Regulations

this amendment shall become effective 15810), in accordance with 5 U.S.C. 553. Title 7— AGRICULTURE upon filing this document with the No submissions were received in response Director, Office of the Federal Register. to such notice. It is essential that this Chapter VII— Agricultural Stabiliza­ Section 717.17(b) of the regulations amendment be made effective as soon as tion and Conservation Service (Ag­ governing the holding of referenda on possible since 1967 Compliance opera­ ricultural Adjustment), Department marketing quotas is amended by adding tions will commence in the near future. of Agriculture a new paragraph at the end thereof to Accordingly, it is hereby determined and read as follows : found that compliance with the 30-day SUBCHAPTER B— FARM MARKETING QUOTAS § 717.17 Holding referenda by mail effective date requirements of 5 U.S.C. 553 AND ACREAGE ALLOTMENTS ballot with respect to the 1967 and is impracticable and contrary to the pub­ [Amdt. 13] subsequent crops. lic interest and this amendment shall be * * * * * effective upon publication in the F ederal PART 7 1 7 — HOLDING OF REFERENDA R egister. The purpose of this amend­ ON MARKETING QUOTAS (b) P r o c e d u r e for balloting byment is to adopt the proposed amend­ mail: * * * ment of paragraph (d) of § 718.8b re­ Subpart— Regulations Governing the **.*♦* garding the consequences of a failure to Holding of Referenda on Marketing Notwithstanding the provisions of this file a timely certification, with a change Quotas section, for the burley tobacco referen­ to exclude tobacco therefrom. In addi­ dum to be held during the period of Feb­ tion, the regulations are amended to Use op Alternate County Committee­ ruary 27 through March 3, 1967, the specify a date by which farm operators men and Community Committeemen canvass of returned ballots for the State in certification counties shall file an ini­ During Canvass op B allots in 1967 of Ohio may be in the presence of at tial certification of peanut acreage, and Burley R eferendum in Ohio least two persons who either are alter­ .additional counties are designated as Basis and purpose. Pursuant to au­ nate members of the county committee certification counties. These additional thority contained in applicable provisions or community committeemen designated counties are designated on the basis of of the Agricultural Adjustment Act of by the State executive, director in lieu of recommendations of the State commit­ 1938, as amended (7 U.S.C. 1281 et seq.), two members of the county committee. tees after due consideration of the age the amendment herein to the regulations ***** and condition of aerial photography, the governing the holding of referenda on (Secs. 312, 317, 336, 343, 344a, 354, 358, 375, extent of change in topographic features marketing quotas is issued to authorize 377, 52 Stat. 46, 55, 56, 61, 66, as amended, 55 since current photography was flown, the use of alternate county committee­ Stat. 88, 70 Stat. 206, as amended, 79 Stat. and the number of official acreages which men or community committeemen in lieu 66, secs. 106, 112, 70 Stat. 191, 195, 79 Stat. are available. Such recommendations of members of the county committee 1197; 7 U.S.C. 1312, 1314c, 1336, 1343, 1344b, are approved by the Deputy Administra­ during the canvass of the ballots in the 1354,1358,1375,1377,1824,1836) tor. 1967 burley referendum in Ohio. Effective date. Date of filing with the The regulations for Determination of The 1967 referendum for burley to­ Director, Office of the Federal Register. Acreage and Compliance (30 F.R. 7427, bacco is to be held during the period of Signed at Washington, D.C., February as amended) are amended as follows: February 27 through March 3, 1967 (32 17, 1967. 1. Section 718.8b is amended by chang­ FR. 1002). Pursuant to § 717.17(b), the H. D. Godfrey, ing subdivision (i) of subparagraph (c) canvass of the ballots begins on the fifth Administrator, Agricultural Sta­ (2), paragraph (d) and subparagraph day following the close of the referen­ bilization and Conservation (j) (3) to read as follows: dum period and must be in the presence Service. of at least two members of the county [FJR. Doc. 67-2048; Filed, Feb. 21, 1967; § 718.8b Obtaining report of acreage in committee. The date on which the can­ 8:48 a.m.] certification counties. vass of the ballots in the 1967 burley * * * * * referendum will start is therefore [Amdt. 8] (c) Final dates for filing certifications. March 8,1967. ***** A previously scheduled ASCS State PART 718— DETERMINATION OF conference in the State of Ohio on the ACREAGE AND COMPLIANCE (2) For peanuts—(i) Initial certifica­ date for canvassing ballots (March 8) tion. Not later than the latest disposi­ makes county committeemen unavailable Certification Procedures and tion date for feed grains. on this date and it is necessary that other Designated Counties * * * * * persons be authorized to take the places Basis and purpose. This amendment (d) Failure to file a timely certifica­ of the county committeemen during the is issued pursuant to the Agricultural Ad­ tion. (1) Except as provided in para­ canvass. The amendment herein pro­ justment Act of 1938, as amended (7 graph (e) of this section and subpara­ vides that during the canvass of the bal­ U.S.C. 1301 et seq.), the Agricultural Act graph (2) of this paragraph, if the farm lots in the State of Ohio, alternate mem­ of 1949, as amended (7 U.S.C. 1441 et operator does not file a certification of bers of the county committee, or a com­ seq.), the Sugar Act of 1948, as amended crop or land use acreages by the applica­ munity committeeman or community (7 U.S.C. 1100 et seq.), the Pood and ble date prescribed in paragraph (c) of committeemen as designated by the Agriculture Act of 1962 (Pub. L. 87-703, this section, producers on the farm shall State Executive Director, may be present approved September 27,1962, as amended be deemed ineligible for any benefits un­ m lieu of the members of the county by Pub. L. 87-801, approved October 11, der the program for which the certifica­ committee. Since the referendum will 1962), the Feed Grain Act of 1963 (Pub. tion was not timely filed, and, if the op­ be held during the period February 27 L. 88-26, approved May 20, 1963), the erator fails to file the certification through March 3, 1967, it is necessary Agricultural Act of 1964 (Pub. L. 88-297, required by paragraphs (a), (b), and that the amendment herein be made approved April 11, 1964), and the Food (c) of this section: (i) For rice, no mar­ effective as soon as possible. Accord- and Agriculture Act of 1965 (Pub. L. 89- keting card shall be issued for the farm; Ík 7 ’ ^ *s ^ereby determined and found 321, approved November 3,1965). Notice that compliance with the notice, public of a proposed amendment to the regula­ (ii) for cotton, buyers of cotton in the procedure and 30-day effective date pro­ tions for Determination of Acreage and vicinity shall be notified that the farm visions of 5 U.S.C. 553 is impracticable Compliance was published in the F ederal is considered in excess of the farm mar­ and contrary to the public interest and R egister of December 15, 1966 (31 F.R. keting quota; and (ill) for peanuts a

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3140 RULES AND REGULATIONS

100-percent excess penalty card will be Illinois N orth Carolina All counties. issued. All counties except Alleghany, Ashe, Avery (2) If the farm operator who fails Indiana All counties. Buncombe, Burke, Caldwell, Cherokee, Clay timely to file the certifications required Dare, Graham, Haywood, Henderson, Jackson’ Iowa by paragraphs (a), (b), and (c) of this All, counties. Macon, Madison, McDowell, Mitchell, Polk’ Swain, Transylvania, Watauga, and Yancey! section files a request to have the acreage Kansas of the crop measured and pays the cost All counties. North Dakota of the measurement, and if it is possible Kentucky All counties. to measure the acreage accurately within Ohio Ballard, Callaway, Carlisle, Crittenden, All counties. 15 days after the date of such request, Fulton, Graves, Hancock, Henderson, Hick­ Oklahoma the acreage shall be measured. In such man, Livingston, Lyon, McCracken, Marshall, All counties. case, the measured crop acreage shall be Muhlenberg, Rowan, Simpson, Todd, Union, and Webster. Oregon used to determine (i) whether a market­ All counties. ing quota penalty is applicable and the Louisiana amount of any such penalty, (ii) the All counties except Bienville, Bossier, P ennsylvania appropriate action to be taken with re­ Caddo, Catahoula, Claiborne, De Soto, All counties. Franklin, Jefferson, La Salle, Lincoln, spect to collection of penalties or issu­ South Carolina ance of marketing cards, and (iii) wheth­ Natchitoches, Orleans, Plaquemines, Point Coupee, Richland, Sabine, St. Bernard, and All counties except Beaufort and Charles­ er producers on the farm shall be eligible Webster. ton. for any benefits under the program for Maine South D akota which the certification was not timely Aroostook. All counties. filed. Maryland Tennessee ***** All counties except Anne Arundel, Calvert, Benton, Bledsoe, Bradley, Carroll, Chester, (j) Farms considered in compli­ Charles, Prince Georges, and St. Marys. Coffee, Crockett, Davidson, Decatur, Dickson, ance. * * * Dyer, Fayette, Franklin, Gibson, Grundy, Michigan Hamilton, Hardeman, Hardin, Haywood, (3) Flue-cured tobacco. Larger of 0.1 All counties except Alger, Baraga, Chip­ Henderson, Henry, Hickman, Humphreys, acre or 10 percent of the allotment, not pewa, Delta, Dickinson, Gogebic, Houghton, Lake, Lauderdale, Lewis, McNairy, Madison, to exceed 2 acres. Iron, Keweenaw, Luce, Mackinac, Marquette, Marion, Marshall, Obion, Perry, Polk, Rhea, 2. Paragraph (b) of § 718.17 is amend­Menominee, Ontonagon, and Schoolcraft. Rutherford, Sequatchie, Shelby, Tipton, ed to read as follows: Minnesota Trousdale, Van Buren, barren, and Weakley. Anoka, Benton, Blue Earth, Brown, Carver, Texas § 718.17 List of certification counties. Chippewa, Chisago, Cottonwood, Dakota, Andrews, Aransas, Armstrong, Bailey, Dodge, East Otter Tail, Faribault, Fillmore, Borden, Bowie, Briscoe, Brooks, Camp, Car- (b) Certification counties by States. Freeborn, Goodhue, Hennepin, Houston, son, Cass, Castro, Cherokee, Childress, Isanti, Jackson, Kanabec, Kandiyohi, Lac Cochran, Uoke, Collin, Collingsworth, _ Alabama qui Parle, Le Sueur, Lincoln, Lyon, Martin, Concho, Cdoke, Crosby, Dallam, Dallas, Daw­ All counties. Meeker, Mille Lacs, Morrison, Mower, Mur­ son, Deaf Smith, Denton, Dickens, Donley, Arizona ray, Nobles, Olmsted, Pipestone, Ramsey, Red­ Duval, Fisher, Floyd, Franklin, Gaines, Garza, All counties. wood, Renville, Rice, Rock, Scott, Sherburne, Glasscock, Gray, Grayson, Gregg, Hale, Hall, Arkansas Sibley, Steele, Stevens, Swift, Todd, Wabasha, Hansford, Harrison, Hartley, Hemphill, Waseca, Washington, Watonwan, West Otter Hockley, Hopkins, Houston, Howard, Hutch­ Arkansas, Ashley, Benton, Bradley, Cal­ Tail, Winona, Wright, and Yellow Medicine. inson, Irion, Jim Wells, Jones, Kenedy, Kle­ houn, Clark, Cleburne, Cleveland, Columbia, Mississippi berg, Lamb, Leon, Lipscomb, Lubbock, Lynn, Craighead, Crittenden, Cross, Drew, Fulton, Madison, Marion, Martin, Midland, Mitchell, Greene, Hempstead, Howard, Independence, Adams, Amite, Claiborne, Clarke, Copiah, Moore, Morris, Motley, Nolan, Nueces, Ochil­ Izard, Jackson, Jefferson, Lafayette, Law­ Forrest, Franklin, George, Greene, Hancock, tree, Oldham, Parmer, Potter, Randall, Rob­ rence, Lee, Lincoln, Little River, Lonoke, Harrison, Jackson, Jefferson, Kemper, Lamar, erts, Runnels, Rusk, San Patricio, Scurry, Miller, Nevada, Ouachita, Phillips, Pike, Poin­ Lauderdale, Lawrence, Lee, Lincoln, Lowndes, Shelby, Sherman, Smith, Sterling, Swisher, sett, Prairie, Randolph, St. Francis, Sevier, Marion, Noxubee, Oktibbeha! Pearl River, Taylor, Terry, Titus, Tom Green, Wheeler, Sharp, Union, Van Buren, and Washington. Perry, Pike, Pontotoc, Prentiss, Rankin, Willacy, and Yoakum. Sharkey, Simpson, Stone, Tate, Tunica, California Union, Walthall, Washington, Wayne, Wil­ Utah All counties except Alpine, Amador, Cal­ kinson, and Yalobusha. All counties. averas, Del Norte, El Dorado, Humboldt, Virginia Inyo, Mariposa, Mono, Nevada, Plumas, San Missouri All counties except Barton, Benton, Bol­ All counties except Buchanan, Dickenson, Benito, San Francisco, San Mateo, Santa Grayson, Lee, Russell, Scott, Smyth, Taze­ Cruz, Trinity, and Tuolumne. linger, Butler, Cape Girardeau, Dunklin, Jasper, Jefferson, Mississippi, Morgan, New well, Washington, and Wise. Colorado Madrid, Newton, Oregon, Pemiscot, St. Clair, Washington All counties. Ste. Genevieve, and Stoddard. D elaware All counties except Clallam, Cowlitz, Grays AU counties. Montana Harbor, Jefferson, King, Kitsap, Mason, Pa­ F lorida All counties. cific, Pierce, Skagit, Skamania, Snohomish, Nebraska Thruston, Wahkiakum, and Whatcom. Alachua, Baker, Bradford, Calhoun, Colum­ All counties. bia, Dixie, Escambia, Gadsden, Gilchrist, West Virginia N evada Hamilton, Holmes, Jackson, Jefferson, La­ All counties except Boone, Brooke, Cabell, fayette, Leon, Levy, Liberty, Madison, Marion, Churchill, Clark, Nye, and Pershing. Clay, Doddridge, Hancock, Harrison, Lincoln, Nassau, Okaloosa, Putnam, Santa Rosa, New Jersey Logan, Marion, Marshall, McDowell, Mingo, Suwannee, Taylor, Union, Walton, and Monongalia, Ohio, Pleasants, Preston, Washington. All counties except Bergen, Essex, Hudson, Ritchie, Taylor, Tyler, Webster, Wetzel, Wirt, Georgia Passaic, and Union. Wood, and Wyoming. All counties except Banks, Barrow, Bibb, Brantley^ Camden, Charlton, Chatham, New Mexico Wisconsin Chattahoochee, Clarke, Clinch, Cobb, Colum­ All counties except Bernalillo, Catron, All counties except Menominee. bia, Dade, De Kalb, Douglas, Echols, Elbert, Guadalupe, Lincoln, Los Alamos, McKinley, Franklin, Glynn, Greene, Hancock, Hart, Mora, Sandoval, San Miguel, and Taos. Wyoming Jackson, Jones, Liberty, Lincoln, Long, Mc­ All counties except Albany. Duffie, McIntosh, Madison, Muscogee, Oconee, New York Oglethorpe, Paulding, Pickens, Quitman, All counties except Bronx, Cattaraugus, (Secs. 374, 375, 52 Stat. 65, 66, as amended; Stephens, Taliaferro, Warren, White, and 7 U.S.C. 1374, 1375) Wilkes. Chautauqua, Hamilton, Kings, Nassau, New Idaho York, Putnam, Queens, Richmond, Rockland, Effective date. Upon publication in All counties. Suffolk, Warren, and Westchester. the F ederal R egister.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 RULES AND REGULATIONS 3141

Signed at Washington, D.C., on Feb­ These comments on “sniffer” devices ruary 16.1967. Title 14— AERONAUTICS AND and other comments with reference to Type III instruments, indicate a possible H. D. Godfrey, SPACE misunderstanding concerning what con­ Administrator, Agricultural Sta­ stitutes the “instrument” under this bilization and Conservation Chapter I— Federal Aviation Agency TSO. Paragraph 3 has teen amended, Service. [Docket No. 7356; Arndt. 37-12] therefore, to make it clear that the “in­ strument” excludes any tubing used to [F.R. Doc. 67-2049; Filed, Feb. 21, 1967; PART 37— TECHNICAL STANDARD conduct air samples from sampling sta­ 8:48 a.m.] ORDER AUTHORIZATIONS tions to the sensing or measuring device by which the smoke concentration is Cargo and Baggage Compartment determined. Smoke Detection Instruments— Apparently failing to realize that the Title 5— ADMINISTRATIVE TSO-Clb proposal as applied to Type II instru­ ments would tend to lessen false alarms The purpose of this amendment is to in service, one commentator alleged a PERSONNEL revise the Technical Standard Order high incidence of false smoke warnings Chapter I— Civil Service Commission (TSO) for “Smoke detectors’’ contained on present instruments but did not in­ in § 37.111 of the Federal Aviation Regu­ dicate what changes to the proposal, if PART 531— PAY UNDER THE CLASSI­ lations. This action was published as any, it considered necessary to improve FICATION ACT SYSTEM a notice of proposed rule making (31 F.R. reliability. Another commentator did 7084, May 13, 1966) and circulated as contend, however, that the relaxed sensi­ Adjustment of Rates Notice No. 66-19 dated May 9, 1966. tivity standard of 60 percent would be Notice 66-19 proposed to amend TSO- next to useless in an early warning device Section 531.305(a) is amended to pro­ Cla by changing the title to indicate and recommended the low limit be raised vide that any cost-of-living allowance or more clearly the TSO scope and purpose from 60 to 85 percent. In support of post differential shall be taken into con­ and to eliminate reference to industry this, it was stated that two transport air­ specifications. Substantively the notice plane manufacturers were using 90-95 sideration in adjusting the pay of a proposed reduced sensitivity require­ percent settings and that similar indus­ supervisor paid under the General ments for some existing type instruments trial-home units that were set even Schedule based on the pay of a wage- and added standards that would reflect higher (96-98 percent) were never board employee he supervises. Para­ new type smoke detector instruments. troubled with false alarms. The com­ graph (a) of § 531.305 is amended as set Several comments were received in mentator also cited the extensive smoke out below. response to the notice. These generally tests conducted by the Agency which favored the proposed action although were said to confirm that high percent­ § 531.305 Adjustment of rates. they contained recommendations for age settings are desirable for maximum further changes. These comments, to­ effectiveness. (a) Rate payable to supervisor. (1) gether with the changes to the proposal The Agency tests referred to above, as Except as provided in subparagraph (2) resulting therefrom, are discussed in de­ well as service experience, indicate that of this paragraph, when a department tail hereinafter. the larger the cargo and baggage com­ decides to adjust the rate of pay for a One commentator agreed that an up­ partments, the higher the sensitivity re­ supervisor under section 803 of the act dated TSO for smoke detectors would be quired. Thus, while 60 percent may be and this subpart, it shall adjust his rate good but suggested, in effect, that the real adequate for a small compartment, it need is for cargo and baggage compart­ would be too low for proper protection of pay to the nearest rate (but not above ments to be equipped with improved fire of a larger compartment. Similarly, 90 the maximum rate) of his grade which detection and fire extinguishing systems. percent may be appropriate for a large exceeds the highest rate of basic com­ While this general recommendation re­ compartment but would be oversensitive pensation (excluding night differential) lating to antifire systems is meritorious, and cause false alarms in small compart­ paid to any wage board employee for it exceeds the scope of the Notice. ments. The notice, therefore, proposed a Standards applicable to antifire devices broad range of instrument sensitivity whom the supervisor regularly has re­ would properly be stated in TSO’s for settings so that an operator or airplane sponsibility for supervision. fire detectors and fire extinguishers, manufacturer might select one for a (2) When a supervisor is in an area while cargo and baggage compartment particular installation. The instrument in which he receives a cost-of-living al­ requirements for any particular aircraft setting to be used will be determined by lowance or post differential based on would be covered in the applicable air­ the airworthiness standards applicable worthiness regulations. The Agency is to that airplane rather than by the TSO hardship, and the wage board employee continuing its studies of baggage and which does not contain operating in­ he supervises does not receive a sepa­ cargo compartment fires and will wel­ structions. For the above reasons, the rately stated cost-of-living allowance of come any specific recommendations for lower limit of 60 percent as proposed for post differential, the department shall rule-making action in this regard. Type n instruments is being retained in add to the supervisor’s rate of basic com­ One observer noted that the proposed the revised standard. However, the pensation his cost-of-living allowance TSO omitted the “sniffer” type detector Agency agrees with the recommendation which it considered the only really prac­ that the upper limit of the Type II in­ or post differential and use the total to tical device today. We assume that strument be raised from 90 percent to adjust his rate of pay .under subpara- “sniffer” has reference to a flexible tube 95 percent light transmission at which graPh (1) of this paragraph. arrangement by which a pilot, holding the instrument may actuate the circuit. * * * * * the tube to his nose, may detect smoke This will enable the instrument manu­ in the compartment being checked. facturer to provide the higher sensitivity (5U.S.C. 5338) Such devices are extremely simple and desired by some users yet also meet any United S tates Civil S erv­ would be included by the aircraft manu­ lower sensitivity requirements. ice Commission, facturer as an integral part of an air­ One objection was voiced to the pro­ [seal] James C. S pry, craft design rather than supplied as a posed photocell light transmission cali­ Executive Assistant to separate article. The omission of the bration procedure of paragraph 3.1 with the Commissioners. so-called “sniffer” devices from the TSO respect to Type II instruments. It was has no bearing on the utilization of such pointed out that calibration at 50 per­ [FR. Doc. 67-2034; Filed, Feb. 21, 1967; devices under airworthiness regulations cent light transmission may give 5 to 8 8:47 a.m.] applicable to a particular aircraft. percent errors at the 90 percent light

FEDERAL REGISTER, VOt. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3142 RULES AND REGULATIONS transmission level due to photocell non­ The Agency must reject a recommen­ vant material submitted has been fully linear characteristics and, therefore, dation that the paragraph 3.8 AC voltage considered. calibration should be conducted within variation, through which the instrument (Sec. 313(a), 601, Federal Aviation Act of the range required for a specific smoke must properly function, be increased 1958; 49 U.S.C. 1354,1423) detection system'. The Agency agrees from ±10 percent to ±15 percent. with the underlying basis for this objec­ While the reason given is to assure that In consideration of the foregoing, and tion and, on further consideration, be­ the voltage range is compatible with that pursuant to the authority delegated to lieves it unnecessary for purposes of this encountered in today’s aircraft, we have me by the Administrator (25 F.R. 6489), standard to specify the details of the no evidence that AC voltage in current § 37.111, Part 37 of the Federal Aviation calibrating method. Accordingly, we aircraft will vary more than ±10 per­ Regulations is amended to read as here­ have deleted the final sentence of para­ cent. Moreover, the 10 percent varia­ inafter set forth, effective March 24 graph 3.1, Type'll, as contained in the tion has been widely accepted for many 1967, proposal. years and continues to be accepted as the Issued in Washington, D.C., on Febru­ One commentator noted that it could range through which AC electrical ary 14,1967. be difficult for a Type m instrument equipment must continue to operate. C. W. Walker, manufacturer to demonstrate compli­ Since there appears to be no justification Director, Flight Standards Service. ance with light transmission percentages for making the AC power variation more without a pressure differential and cali­ strict, we are retaining the ±10 percent §37.111 Cargo and baggage compart­ bration system being defined. However, value of the present TSO and of the ment smoke detection instruments— where a certain pressure differential proposal. T S O -C lb . across an instrument is required for The purpose of paragraph 3.11 is to (a) Applicability. This technical proper operation, the manufacturer safeguard against all hazards to the air­ standard order prescribes the minimum would include such information in the craft in the event of malfunction or performance standards that cargo and technical data required by § 37.111(c) (1) failure of the smoke detector. Inas­ baggage compartment smoke detection and furnish this to the user in the form much as fire is only one type of hazard instruments must meet in order to be of installation procedures and equip­ that might be caused, the paragraph 3.11 identified with the applicable TSO mark­ ment limitations to be observed in a par­ catchline is amended to read “Hazards ing. New models of equipment that are ticular application. due to malfunction or failure”. to be so identified, and that are manu­ Notice 66-19 proposed a relaxation in factured on or after March 24,1967, must Noting that the environmental condi­ meet the requirements of the “Federal the response time characteristics of all tions, paragraphs 4.1 through 4.3 of the three types instruments from 30 seconds proposal, did not appear to take into Aviation Standard, Cargo and Baggage for a sample introduced into the instru­ Compartment Smoke Detection Instru­ consideration future SST altitude and ments” set forth at the end of this ment (as stated in the current TSO) to temperature ranges, it was recommended one minute when the air sample is intro­ section. that paragraph 4.2 be revised to require (b) Marking. In addition to the duced at a sampling station. One com­ an unpressurized altitude capability of mentator pointed out that for a Type m 80,000 feet or that the device be limited markings specified- in §37.7, the equip­ “instrument” the response time as pro­ ment must be marked to indicate the to subsonic aircraft. The Agency, how­ following: posed would necessarily include the time ever, considers it premature at this time required to traverse the pipe from sam­ to include provisions for the SST envi­ (1) Eligibility for installation in either pling station to viewing station. Since piston or turbine-powered aircraft, or ronment. Furthermore, since the in­ both. the length and size of the pipe will affect strument manufacturers will include in­ response time and is necessarily an air­ stallation limitations in accordance with (2) Operational ratings (electrical, plane system characteristic over which § 37.111(c) (1), it is believed unnecessary vacuum, etc.). the instrument manufacturer has no to include a provision expressly limiting (c) Data requirements. The techni­ control, the proposed amendment cannot the instruments to subsonic aircraft. cal data to be submitted in accordance be a TSO requirement. The Agency with §37.5(a)(2) is as follows: agrees, and paragraph 3.5 has been One commentator recommended lower (1) Seven copies of the manufactur­ changed to predicate response time on low temperature values in the table of er’s operating instructions, equipment an air sample introduced into the instru­ paragraph 4.1 which would be more rep­ limitations, and installation procedures; ment. This change will not affect Types resentative of unheated (uncontrolled) and I and II instruments in which the sam­ areas.’ While the temperature values (2) One copy of the manufacturer’s pling or detecting element is part of the given in the proposal may be exceeded, test report. instrument and electrically actuates an experience has not shown such occur­ (d) Previously approved equipment. alarm or control circuit. rences to be sufficiently frequent or seri­ Smoke detector models approved prior Another commentator favored a 30- ous to justify imposition of the more to March 24, 1967, may continue to be second system response time in the in­ severe design restrictions on instrument manufactured under the provisions of manufacturers. The temperature ranges their original approval. terest of providing early warning of a in the proposal are the same as in other hazardous condition. The foregoing Agency standards (i.e., TSO-C7e and F ederal Aviation S tandard Cargo and discussion has indicated the advisability TSO-C44a) and industry specifications B aggage Compartment S moke Detection of setting the response time requirement and, for the reasons given, are being Instruments on an instrument rather than a system retained. 1. Purpose. This document provides mini­ basis. However, the 30-second instru­ mum performance standards and test pro­ ment response time which has been a Because the technical complexity cedures for cargo and baggage compartment requirement for many years has not been would impose an unreasonable burden on smoke detection instruments which are to shown to be impracticable or a burden detector manufacturers disproportionate be approved under this TSO. on smoke detector manufacturers. The to any value that might be realized, the 2. Classification. Smoke detection instru­ Agency concurs as to the need for early Agency must reject a suggestion that ments are classified by method of detection paragraph 4.2 be amended to require as follows: warning of a hazardous condition and Type I—Measurement of carbon monoxide is, therefore, retaining the 30-second in­ that the equipment not false alarm when submitted to an explosive or high rate gas (CO detectors). strument response time requirement con­ Type II—Measurement of light transmis- tained in the present TSO-Cla. Para­ decompression to 40,000 feet. sibility in air (photoelectric devices). graphs 3.5 and 6 of the proposal have Other minor changes of an editorial or Type III—Visual detection of the presence been amended accordingly. clarifying nature have been made to the of smoke by directly viewing air samples In response to a suggestion that the TSO as it was proposed. They are not (visual devices). “air sample” specified in proposed para­ substantive, however, and do not impose 3. Minimum performance standards. Ex­ graph 3.5 be more clearly defined, we any additional burden on regulated per­ cept where otherwise indicated, the mini­ sons. mum performance standards of this section have added a sentence referring this are applicable to Types I, II, and III instru­ term to the applicable concentrations or Interested persons have been afforded ments. The term “instrument”, wherever light transmission characteristics speci­ the opportunity to participate in the referred to in this TSO, does not include any fied in paragraph 3.1. making of this amendment and all rele­ lengths of tubing used to conduct air sam-

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 RULES AND REGULATIONS 3143 pies from sampling stations to testing ard must ensure that it is capable of func­ must perform evaluation tests on prototype stations. tioning without being adversely affected instruments to demonstrate proper design, 3.1 Type characteristics. The instru­ following prolonged exposure to the ranges reliability in performance of its intended ments must perform as follows: of environmental conditions as stated under functions, and conformity with the perform­ Type I—By testing air for carbon mon­ section 4. ance standards of section 3. Tests and test oxide content, the instrument must be 3.8 Power variation. Each instrument procedures employed for this purpose must capable of actuating an alarm (or control) type must be designed to ensure proper reasonably demonstrate the absence of any circuit at all concentrations of CO that are functioning with the following variations of adverse effect on the instrument’s perform­ 0.025 percent and greater by volume. At power parameters (where applicable) from ance due to the following factors: power concentrations over 0.015 but less than 0.025 rated values: d.c. voltage, ±15 percent; a.c. variations, pressure and altitude changes, percent the instrument may actuate the cir­ voltage, ±10 percent; frequency, ± 5 percent. humidity changes, high and low temperature cuit but at concentrations 0.015 percent and 3.9 Explosion protection. Where the in­ conditions, airplane vibrations and prolonged less, it must not actuate the circuit. strument is intended to be installed in areas operational usage. Type II—By testing air for smoke content of the airplane where flammable fluids or 6. Individual performance. Each instru­ of all colors or particle sizes, the instrument vapors might be liberated by leakage or fail­ ment manufactured in accordance with this must be capable of actuating an alarm (or ure in fluid systems, design precautions standard must be capable of meeting all the control) circuit to indicate the presence of must be made to safeguard against the performance standards under section 3. smoke particles at all concentrations at ignition of such fluids or vapors due to op­ Each instrument must be tested so that when which the light transmission percentage is eration of the instrument. an air sample applicable to the type of instru­ 60 percent or less. At light transmission 3.10 Humidity. Each instrument type ment per section 3.1 is introduced into the percentages over 60 but less than 96, the must be designed to function properly and instrument under standard atmospheric con­ instrument may actuate the circuit but at not be adversely affected following exposure ditions, the alarm (or control) circuit is percentages 96 and over, it must not actuate to any relative humidity in the range from actuated (for Type I and II instruments), the circuit. Light transmission percentage 0 to 95 percent at a temperature of approxi­ or the visual display occurs (for Type III is defined as the light falling on a photo­ mately 70° C. instruments), in 30 seconds or less. electric cell through a 1-foot distance oc­ 3.11 Hazards due to malfunction or fail­ [F.R. Doc. 67-1996; Piled, Feb. 21, 1967; cupied by smoke particles in air, expressed ure. Each instrument type must be Re­ 8:45 a.m] as a percentage of the light transmitted signed to safeguard against hazards to the through 1 foot of clean air. aircraft in the event of malfunction or fail­ Type III—By testing air for the presence ure. The maximum operating temperature of smoke of all colors or particle sizes, the of any instrument-component surface that instrument must provide a visual display comes in contact with air samples must not Title 39— POSTAL SERVICE to indicate clearly all smoke concentrations exceed 200° C. in which the light transmission percentage 4. Environmental conditions. Chapter I— Post Office Department is 60 percent or less. The instrument may, 4.1 Temperature. Each instrument type but is not required to, indicate smoke con­ must be designed to function properly over PART 956— DEBARMENT AND centrations for which the light transmission the range of ambient temperatures shown SUSPENSION REGULATIONS percentage is over 60. Light transmission in Column A below and not be adversely A new Part 956 is added to Title 39, percentage is as defined for Type II affected by exposure to the range of temper­ instruments. ature shown in Column B below: Code of Federal Regulations, to prescribe 3.2 Materials. Smoke detection instru­ the terms and conditions under which ments must be constructed of materials of a firms and individuals may be debarred quality that experience or tests or both Instrument location AB or suspended from contracting with the have demonstrated to be suitable and de­ Post Office Department, including the pendable for use in aircraft application. Heated areas (tern- —30° to 50° C. -65° to 70° C. 3.3 False alarm signals. Type I and Type perature con­ contracting on matters not subject to II instruments conforming to the require­ trolled). the Federal Property and Administrative Unheated areas (tem- -55° to 70° C. -65° to 70° C. ments of this standard must not actuate the perature uncon­ Services Act of 1949, as amended, 63 alarm (or control) circuit as a result of trolled). Stat. 377,40 U.S.C. 474. dust and haze normally present in the cargo As the addition of these new regula­ compartment, nor of the dust that normally accumulates within the instrument. The 4.2 Altitude. Each instrument type must tions relate to a proprietary function of design must be such that the instrument be designed to function properly from sea the Government advanced notice and will not produce a false alarm (or control) level up to the altitudes listed below. The public rule making procedures, as well signal as a result of abnormal attitudes, instrument must not be adversely affected as a delayed effective date, are unneces­ ambient light conditions, variations in volt­ when subjected to an ambient pressure of sary and would be contrary to the pub­ age between 0 and 125 percent of the rated 50 inches of mercury absolute. lic interest. Accordingly, new Part 956 value, nor of accelerations encountered dur­ Instrument location Altitude (feet) reads as follows effective upon publica­ ing takeoff, flight, and landing. Pressurized areas______15, 000 tion in the F ederal R egister: 3.4 Functional test provisions. Type I Nonpressurized areas ______45, 000 and Type n instrument design must incor­ Sec. porate a means for testing the functioning 4.3 V ib r a tio n . Each instrument type 956.1 Purpose and scope. of the system in flight. must be designed to function properly and 956.2 Definitions. 3.5 Response time. Type I and Type II not be adversely affected when subjected to 956.3 Establishment and maintenance of instruments must be designed to actuate an vibrations of the following characteristics: list. alarm (or control) circuit, and Type III in­ 956.4 Treatment to be accorded firms or struments to show visually the presence of Fre­ Maxi­ individuals and their affiliates in smoke, within a maximum time period of quency mum Maxi­ debarred status. 30 seconds after an air sample, applicable to cycles • double mum 956.5 Causes and conditions for debar­ the type of instrument, is introduced into per ampli­ accelera­ ment. the instrument. Air samples used to second tude in tion 956.6 Period of debarment. demonstrate compliance with this paragraph inches 956.7 Procedural requirements relating to must contain the concentrations of carbon the imposition of debarment. monoxide or possess the light transmission Piston engine powered: 956.8 Suspension. Wings or empennage. 5-500 0.036 10g characteristics, as applicable, specified in Fuselage------5-500 .036 5g 956.9 Notice of suspension. paragraph 3.1. Panel or rack (vibra­ 956.10 Restrictions on suspended persons 3.6 Air sampling cycle. An instrument tion isolated)____ 5-50 .020 1.5g and firms. designed to sample the air from more than Turbine engine powered: Authority: The provisions of this Part one sampling station on a cycling basis must Fuselage cycle at a rate sufficient to sample all sta- Forward of spar 956 issued under 5 U.S.C. 301, 39 U.S.C. 501. Wons within a total time of one minute, area______5-500 .036 2g Center of spar area.. 5-1000 .036 4g § 956.1 Purpose and scope. when an alarm signal is given, the signal Aft of spar area___ 5-500 ' .036 7g must indicate the location in which the 500-1000 5g (a) This part implements and supple­ smoke or gas is being detected and must Vibration isolated ments Federal Procurement Regulations continue to do so until the condition is rack...------5-1000 .030 lg Instrument panel_ 5-30 .020 Subpart 1-1.6 (41 CFR Subpart 1-1.6). eliminated. The instrument must begin 30-1000 • 25g cycling in a normal manner within 30 (b) This part prescribes the terms and seconds after the alarm signal is cleared.' conditions under which firms and in­ 3.7 Environmental ranges. The design 5. Qualification tests. As evidence of com­ dividuals may be debarred or suspended of any instrument conforming to this stand­ pliance with this standard, the applicant from contracting with the Post Office

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36----- 3 3144 RULES AND REGULATIONS

Department, including the contracting suspended, or declared ineligible by ac­ on matters not subject to the Federal (6) The debarment, suspension, or dec tion of the Post Office Department and laration of ineligibility of a firm or Property and Administrative Services Act also the names of all firms and individ­ of 1949, as amended, 63 Stat. 377, 40 individual does not of itself affect the U.S.C. 474. uals debarred, suspended, or declared rights and obligations of the parties to ineligible by the Comptroller General or any existing contract. (c) It is declared to be the policy of the other Governmental agencies and de­ Post Office Department to invoke the partments as provided by § 1-1.602-1 of § 956.5 Causes and conditions for de- provisions of this part when necessary to the Federal Procurement Regulations barmen*. protect the interests of the Government. (41 CFR 1-1.602-1). (a) A Bureau Head is authorized with § 956.2 Definitions. (d) Each Bureau Head shall report to the concurrence of the General Counsel (a) The term “Department” means the Assistant Postmaster General, Bu­ to debar a firm or individual in the public the U.S. Post Office Department. reau of Facilities, in the manner directed Interest in accord with procedures set — (b) The term “Bureau Head” means by him, each action taken to debar, sus­ forth in this part for any of the causes the head of any Bureau or Office of the pend or declare ineligible a firm or and under the conditions following Post Office Department or his representa­ individual, or to remove a debarment, (b) Causes: tive for the purpose of carrying out the suspension, or ineligibility designation. (1) Conviction for commission of a provisions of this part. The Judicial Officer shall transmit to the criminal offense as an incident to ob- (c) The term “General Counsel” in­ Assistant Postmaster General, Bureau of taming or attempting to obtain a public cludes his authorized representative. Facilities, or his designated representa­ or private contract, or subcontract there­ (d) The term “Judicial Officer” in­ tive, a copy of each order by the Judicial under, or in the performance of such cludes the Acting Judicial Officer. Officer, debarring, suspending or declar­ contract or subcontract. (e) “Department” means, in general, ing ineligible a contractor or removing a (2) Conviction under the Federal Anti­ an exclusion from Government contract­ debarment or suspension or declaration trust Statutes arising out of the ing and subcontracting for a reasonable, of ineligibility previously issued against submission of bids or proposals. specified period of time commensurate a contractor. The Assistant Postmaster (3) Violations of a nature hereinafter with the seriousness of the offense or fail­ General, Bureau of Facilities, shall cause set forth in connection with a Depart­ ure, or the inadequacy of performance. the various Bureaus of the Department ment contract which are regarded by the

FEDERAL REGISTER, VOL. 32,, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 RULES AND REGULATIONS 3145 from such conviction results in a reversal sidered; (2) the reasons for the proposed (ii) Violation of the Federal antitrust of the conviction, the debarment shall be debarment; (3) the period of debarment statutes arising out of the submission of removed upon the request of the bidder, and the proposed effective date thereof; bids and proposals; or unless other causes for debarment exist. (4) that the debarment will not become (iii) Commission of embezzlement, (3) The existence of a cause set forth effective until after a hearing if such theft, forgery, bribery, falsification, or in paragraph (b) (3) or (4) of this hearing is requested within 20 days fol­ destruction of records, receiving stolen section shall be established by evidence lowing thè receipt of the notice of the property, or any other offense indicating which the Department determines to be proposed debarment; and (5) that the a lack of business integrity or business clear and convincing in nature. request for a hearing is to be accompa­ honesty, which seriously and directly (4) Debarment for the cause set forth nied by a statement setting forth the affects the question of present responsi­ in paragraph (b) (5) of this section (de­ grounds upon which the proposed debar­ bility as a Government contractor; or barment by another agency) shall be ment will be contested. If no hearing is (2) For other cause of such serious proper provided that one of the causes requested, the action of the Bureau Head and compelling nature, affecting re­ for debarment set forth in paragraph shall become the final Departmental sponsibility as a Government contractor, (b) (1) through (4) of this section was determination. as may be determined by the Bureau the basis for debarment by the original (b) A firm or individual who is served Head to warrant suspension. A pend­ debarring agency. with a notice of proposed debarment may ing hearing for debarment may be a request a hearing by addressing such cause of such serious and compelling § 956.6 Period of debarment. request to the Judicial Officer through nature as to warrant suspension. Where statutes, Executive orders, or the Bureau Head who initiated the de­ (b) A suspension invoked by another controlling regulations of other agencies barment proceeding. Such hearing shall agency of Government for any of the provide a specific period of debarment, be governed by rules of procedure as set causes set forth in paragraph (a) (1) they shall be controlling. In other cases, forth by the Judicial Officer. * Except as and (2) of 41 CFR 1-1.605-1 may be the debarment by the Department shall be provided in paragraph tc) of this sec­ basis for the imposition of a concurrent for a reasonable, definite, stated period tion, the Judicial Officer or Acting Judi­ suspension by a Bureau Head. of time, commensurate with the serious­ cial Officer shall hear the matter and (c) Any firm or individual suspended ness of the offense or the failure or in­ determine on the basis of the record hereunder who believes that his suspen­ adequacy of performance. As a general established before him whether the pro­ sion has not been in accordance with rule, a period of debarment shall not posed debarment action should be sus­ these rules, or with applicable laws and exceed 3 years. However, when debar­ tained. The criminal, fraudulent, or regulations, may appeal to the Judicial ment for an additional period is deemed seriously improper conduct of an indi­ Officer for a review of the suspension. necessary, notice of the proposed addi­ vidual may be imputed to the firm with The Judicial Officer shall, upon the basis tional debarment shall be furnished to which he is connected where such grave of the papers submitted or upon other the firm or individual as in the case of impropriety was accomplished within appropriate opportunity to be heard, ex­ original debarment. Except as pro­ the course of his official duty or was peditiously rule upon the validity of the vided herein or as precluded by statute, effected by him with the knowledge or suspension. Executive order or controlling regula­ approval of that firm. Likewise, where § 956.9 Notice of suspension. tions of another agency, debarment may a firm is involved in criminal, fraudu­ be removed or the period therefor may lent, or seriously improper conduct, any (a) The Bureau Head concerned shall be reduced by the Bureau Head who ini­ person who was involved in the commis­ cause a notice of the suspension to be tiated the initial debarment, upon a sub­ sion of the grave impropriety may be served upon the firm or individual to be mission of an application by the debarred debarred. The decision of the Judicial suspended by certified mail, return re­ firm or individual supported by docu­ Officer shall be the final departmental ceipt requested, within 10 days after its mentary evidence, setting forth appro­ decision. The Bureau Head initiating effective date, which notice shall state: priate grounds for the granting of relief, the debarment proceeding shall be repre­ (1) That the suspension is based: such as newly discovered material evi­ sented by the Office of the General (1) On information that the firm or dence, reversal of a conviction, bona fide Counsel. individual has committed irregularities change of ownership or management, (c) (1) The Judicial Officer shall make of a serious nature in business dealings or the elimination of the causes for which rules of procedure to govern hearings with the Government, or debarment was imposed. Except as pro­ conducted by him under these provi­ (ii) On irregularities which seriously vided herein, the Bureau Head may, in sions. reflect upon the propriety of further his discretion, deny any application for (2) When a Bureau Head proposes todealings of the firm or individual with removal of debarment or for reduction debar a firm or individual already de­ the Government. The irregularities of its period or may refer the same to. the barred by another Government agency should be described in general terms Judicial Officer for hearing and final for a term concurrent with such debar­ without disclosing the Government’s departmental determination. In any ment, the debarment proceedings before evidence; case in which a debarment is removed this Department may be based entirely (2) That the suspension is for a tem­ or the period thereof is reduced, the upon the record of facts obtained from porary period pending the completion of Bureau Head approving the removal or such other agency or upon such facts an investigation and such other pro­ reduction shall, within 10 days from the and additional other facts. In such ceedings as may follow therefrom; date thereof, transmit to the Judicial cases the facts obtained from the other (3) That bids and proposals will not Officer, for filing, a notice thereof to­ agency shall be considered as established, be solicited from the firm or individual gether with a statement of the reasons but the party to be debarred shall'have, and, if received, will not be considered for the removal of the debarment or the opportunity to present information to for award, unless it is determined by the reduction of the period of debarment. the Judicial Officer and to explain why Department to be in the best interests the debarment by this Department of the Government so to do. § 956.7 Procedural requirements relat­ should not be imposed.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3146 RULES AND REGULATIONS

(c) No suspension shall exceed 120 Effective date. These amendments are days. A suspension while in effect may to 5 p.m. Monday through Friday, Fed- effective upon publication in the F ederal eral holidays excepted. In addition, the be extended for an additional period of R egister. 120 days upon written determination of Central Research Room will remain open the reasons and necessity therefor. No­ Dated at Germantown, Md., this 15th from 5 p.m. to 9:50 p.m. Monday through tice of such extension of suspension shall day of February 1967. Friday, and from 8:45 a.m. to 5 pjn on be served upon the firm or individual For the U.S. Atomic Energy Commis­ Saturdays, Federal holidays excented in the manner hereinbefore set forth. sion. The World War n research room in Alexandria, Va., will be open from 8am In no event shall extensions of a sus­ J oseph L. S mith, pension exceed in the aggregate a period Director, Division of Contracts. to 4:15 p.m. Monday through Friday Federal holidays excepted. of 1 year unless a debarment proceeding [F.R. Doc. 67-1994; Filed, Feb. 21, 1967; or a prosecutive action is pending, in 8:45 a.m.] * * * * * which case successive additional periods 3. Section 101-7.104-3 is revised to of suspension may be imposed until the read as follows: proceeding in question has been com­ Chapter 101— Federal Property pleted. The termination of a suspen­ Management Regulations § 101—7.104—3 Authentication. sion, however, shall not prejudice a de­ barment proceeding which was pending SUBCHAPTER B— ARCHIVES AND RECORDS Upon request and the payment of ap­ propriate fees, authentication certificates or which may be brought thereafter for MISCELLANEOUS AMENDMENTS the same reasons that led to the in the name of the Archivist of the suspension. TO SUBCHAPTER United States will be prepared and at­ tached to reproductions of records de­ § 956.10 Restrictions on suspended per­ Parts 101-7 and 101-11 are amended posited with the National Archives. Au­ sons and firms. to reflect organizational-changes. Part 101—10 is amended to delete the excep­ thority to issue such certificates is re­ Firms and individuals suspended under tion pertaining to the museum of the delegated to the Director, Office of the this part shall be subject during the Dwight D. Eisenhower library. Also, Federal Register; the Assistant Archivist period of suspension to the same restric­ for the National Archives; the Chief, Part 101-11 is further amended to in­ Central Reference Staff; all division di­ tions, conditions and penalties set forth corporate ADP records management in § 956.4. material. rectors and branch chiefs under the Of­ Timothy J. May, fice of the National Archives; and the The table of contents for Part 101-11 Manager, National Personnel Records General Counsel. is amended to provide new entries as fol­ Center. . F ebruary 17, 1967. lows: [F.R. Doc. 67-2016; Filed, Feb. 21, 1967; Sec. 4. Section 101-7.107-2 is revised to 8:46 a.m.] 101- 11.210 Automatic data processing rec­ read as follows : ords; agency program re­ sponsibilities. § 101—7.107—2 Photography in' the Na> 101- 11.210-1 ADP records management tional Archives Exhibition Hall. function. Title 41— PUBLIC CONTRACTS 101- 11.210-2 ADP records management de­ Visitors are permitted to take photo­ fined. graphs in the National Archives Exhibi­ AND PROPERTY MANAGEMENT 101-11.210-3 Pregram requirements. tion Hall without restriction if flash 101-11.210-4 Program implementation. equipment or other special photolighting Chapter 9— Atomic Energy devices are not used and if the photo­ Commission PART 101-7— NATIONAL ARCHIVES graphs are not intended for commercial 1. Section 101-7.102—1(a) is revised to use. Persons desiring to take photo­ PART 9-1— GENERAL read as follows: graphs requiring the use of photolighting Subpart 9—1.3— General Policies devices or for commercial purposes must § 101—7.102—1 Researcher applications. obtain special permission. Application Mandatory U se of F ederal (a) Persons desiring permission to ex­for such permission should be made to S pecifications amine records must make application on the Educational Programs Division. Section 9-1.305-1, Mandatory use of a form furnished for that purpose, on 5. Section 101-7.109-1 (a) is revised to Federal Specifications, is revised to read which they clearly state the subject or read as follows : as follows: nature of their research. If the research project requires the use of large quan­ §101—7.109—1 Service of subpoena or § 9—1.305—1 Mandatory use of Federal other legal demand; compliance. Specifications. tities of records or records that are es­ pecially fragile or valuable, a letter of (a) A subpoena duces tecum or other The policies and procedures established reference or introduction may be re­ legal demand for the production of by FPR 1-1.305 shall be complied with quired. The application must show a records or other material deposited with by AEC for all direct procurement except definite and serious purpose. Applica­ the National Archives may be served on tions, together with proper identification, as provided for in AECPR 9-1.305-5 be­ the Administrator of General Services, shall be submitted by the applicant, in low. Managers of Field Offices are re­ the Archivist of the United States, or person, to the Chief, Central Reference sponsible for assuring that AEC con­ the cognizant Assistant Archivist, or if Staff, National Archives Building, Eighth such records or material are deposited tractors use paper specification standards and Pennsylvania Avenue NW., Wash­ published by the Joint Committee on outside W ash in gton , D.C., on the ington, D.C. For the examination of Regional Administrator, the Regional Printing for the purchase of paper to World War II records administered by Director of the National Archives and be used on Government-owned printing, the Modern Military Records Division, Records Service, the M anager of a binding, and duplicating equipment. applications may be submitted to that Federal Records Center, or the Manager Division’s office at King and Union of the National Personnel Records The paper specification standards shall Streets, Alexandria, Va. also be used in specifying paper require­ Center. ***** ***** ments for “contract field printing” as 2. Section 101-7.102-3(a) is revised defined in the Government Printing and to read as follows: Binding Regulations. PART 101-10— PRESIDENTIAL § 101-7.102-3 Hours of use. (Sec. 161, Atomic Energy Act of 1954, as LIBRARIES amended, 68 Stat. 948,42 U.S.C. 2201; sec. 205, (a) Unless otherwise directed by the Federal Property and Administrative Services Archivist of the United States, research § 101-10.106 [Deleted] Act of 1949, as amended, 63 Stat. 390, 40 U.S.C. 486) rooms in the National Archives Building The text of § 101-10.106 preceding will be open to researchers from 8:45 a.m. §§ 101-10.106-1 is deleted.

FEDERAL REGISTER^ VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 RULES AND REGULATIONS 3147

GSA F ederal Records Centers PART 101-11— RECORDS tions and operating procedures; estab­ MANAGEMENT lishing standards for maintenance and a. national disposition of machine readable records; 1, Section 101-11.201-1 (b) (1) is re­ developing optimum machine room pro­ GSA Area served Mailing address vised to read as follows. cedures; and reviewing these record­ region keeping practices on a continuing basis § 101-11.201—1 Agency action. to find opportunities for improvement. Entire Federal Gov­ National Personnel ***** ernment (for per­ Records Center, (b) Each Federal agency is expected § 101—11.210—2 ADP records manage­ sonnel records of GSA (Civilian Per­ ment defined. separated Federal sonnel Records), to: employees; pay 111 Winnebago (1) Assign to an office (s) of the ADP records management includes the records of all Fed­ Street, St. Louis, documentation of computer programs, eral employees; Mo. 63118. agency the responsibility for the de­ and medical rec­ velopment and implementation of machine readable records, functional and ords of civilian agencywide management programs for operational flow charts, job specifica­ employees of the Army, Navy, and correspondence, reports, forms, ADP tions, records showing the basic coding Air Force); records records, and directives and for adequate structure, record layouts, printout plans of agencies in greater St. Louis and proper documentation. When or­ (formats), and basic rim instructions area (Missouri ganization arrangement, size, or com­ (run books). only). Designated records National Personnel plexity requires, actual control may be § 101—11.210—3 Program requirements. of the Department Records Center, established at bureau, srevice, or office of Defense and the GSA (Military level. Programs at these control points (a) Each Federal agency, in providing U.S. Coast Guard. Personnel Records), 9700 Page Boule­ will operate within the framework of the for effective controls over the creation vard, St. Louis, overall agency plan. ' of records, is expected to establish an Mo. 63132. appropriate program for the manage­ * * * * * , ment of ADP records (§101-11.201-1). 2. Section 101-11.203-1 (b) is revised The program will: B. REGIONAL to read as follows: (1) Prescribe the types of records to § 101-11.203-1 Statutory responsibili­ be used and maintained for the proper 1Maine, Vermont, Federal Records Cen­ New Hampshire, ter, GSA, 380 Tra- ties. documentation and preservation for Massachusetts, pelo Road, Waltham, ***** ADP operation; Connecticut, and Mass. 02154. (2) Prescribe the types of machine Rhode Island. (b) Section 506(b) of the Federal 2 New York, New Federal Records Records Act of 1950 (44 U.S.C. 396(b)) readable records, together with the nec­ Jersey except areas Center, GSA, 641 essary classification, labeling, recording, south of Trenton, Washington Street, requires that the head of each Federal Puerto Rico, and New York, N.Y. agency “shall establish and maintain an and filing standards; the Virgin Islands. 10014. (3) Issue retention and disposal New Jersey south of Federal Records active, continuing program for the Trenton, Dela­ Center, GSA, economical and efficient management of standards for the records used in ADP ware, and Penn­ 5000 Wissahickon the records of the agency. Such pro­ records management; and sylvania east of Avenue, Philadel­ (4) Review, on a continuing basis, Lancaster. phia, Pa. 19144. gram shall, among other things, provide Pennsylvania except Federal Records Cen­ for (1) effective controls over the crea­ agency ADP recordkeeping practices and areas east of ter, GSA, Naval procedures to find opportunities for im­ Lancaster. Supply Depot, tion * * * of records in the conduct of Building 308, Me- current business * * Correspond­ provement and simplification. chanicsburg, Pa. (b) Standards, guides, and instruc­ 17055. ence, reports, forms, machine readable 3 District of Colum­ Federal Records Cen­ records together with supporting docu­ tions developed for the agency ADP rec­ bia, Maryland, ter, GSA, Cameron mentation, and directives are the prin­ ords management program are to be in West Virginia, and and Union Streets, published form, designed for easy refer­ Virginia. Alexandria, Va. cipal types of records created on a cur­ 22314. rent basis by Federal agencies. ence and revision. \ 4 North Carolina, Federal Records Cen­ South Carolina, ter, GSA, 1557 St. 3. Section 101-11.203-2 is revised to §101—11.210—4 Program implementa­ Tennessee, Mis­ Joseph Avenue, tion. sissippi, Alabama, East Point, Ga. read as follows: Georgia, and 30044. Each agency should establish agency Florida. § 101—11.203—2 General requirements. 5Kentucky, Illinois, Federal Records Cen­ standards for machine room operations Wisconsin, Michi­ ter, GSA, 7201 Positive action is to be taken to and issue instructions and guidelines in gan, Indiana, and South Leamington prevent the making of unnecessary the form of handbooks or manuals. Spe­ 'Ohio. Avenue, Chicago, 111. 60638. records. Existing and proposed office cifically, these standards should include: 6 Kansas, Iowa, Ne­ Federal Records Cen­ procedures are to be subject to continu­ (a) Identifying machine room records braska, North ter, GSA, 2306 East Dakota, South Da­ Bannister Road, ing examination by agency management through classification and labeling; kota, Minnesota, Kansas City, Mo. with a view to determining their effect (b) Filing and controlling methods for and Missouri ex­ 64131. on recordmaking. Where justified, such cept greater St. finding machine readable records; Louis area. Procedures will be revised, consolidated, (c) Preserving machine readable rec­ 7 Texas, Oklahoma, Federal Records Cen­ or eliminated to keep recordmaking to a ords through proper maintenance tech­ Arkansas, and" ter, GSA, 4900 Louisiana. Hemphill Street, minimum. In addition, the detailed pro­ niques;’ Post Office Box gram requirements for correspondence, (d) Scheduling the disposition and 6216, FortWorth, reports, forms, directives management, Tex. 76115. retention of the records used in ADP 8 Colorado, Wyoming, Federal Records Cen­ and ADP records management set forth records management; Utah, Arizona, ter, GSA, Building m the following sections of this subpart and New Mexico. 48, Denver Federal (e) Developing processing controls for Center, Denver, are to be observed. scheduling machine room jobs to assure Colo. 80225. the optimum use of data processing 9 Ne vada except Federal Records Cen­ 4 New §§ 101-11.210 through 101- Clark County, ter, GSA, Building 11.210-4 are added, to read as follows: equipment; and California except 1,100 Harrison (f) Issuing forms and formats for Southern Cali­ Street, San Fran­ § 101- 11.210 fornia, and Pacific cisco, Calif. 94105. Automatic data processing recording machine programs (instruc­ Ocean areas. records ; agency program responsi- tions), functional and operational flow Clark County, Ne- Federal Records Cen­ bililies. charts, record layout, record coding vada, and South­ ter, GSA, 5555 ern California Eastern Avenue, § 101 11.210—1 ADP records m anage­ structure, printout plans, and basic (counties of San Belli Calif. 90201. ment function. machine rim instructions (run books). Luis Obispo, Kern, San Ber­ The objectives of ADP records man- 5. In § 101-11.410-1, the list of Federal nardino, Santa Barbara, Ventura, gement are to assure efficient and eco- Records Centers is revised to read as fol­ Los Angeles, mic automatic data processing by : lows: Riverside, Grange, Imperiai, Inyo, * .Proper recording and preservation § 101—11.410—I Authority. and San Diego). civiques of valuable machine instruc­ *****

FÉDÉRAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3148 RULES AND REGULATIONS

GSA F ederal R ecords Centers—Continued U.S.C. ch. 4 and Public Law 89-333, 79 Stat. uation, work testing, and job tryouts and 1282. b. regional—Continued the major portion of each of these items, § 402.75 Purpose. with the exception of job tryouts, will be provided within the workshop or reha­ GSA Area served Mailing address Under section 13

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 RULES AND REGULATIONS 3149 such records and accounts available for by the Commissioner shall be sub­ (b) In considering whether adjust­ audit purposes; (h) where the training mitted to the Vocational Rehabilitation ment is appropriate the following factors will be provided in a private, nonprofit Administration. will be considered: (1) Whether the workshop, give assurance that applicable trainee is earning a wage, (2) the rela­ § 402.83 Selection of individuals to enter tionship of the amount of wages, if any, Federal and State wage and hour stand­ a project for training services. ards will be observed or, where the train­ to the amount of the allowance, (3) any ing will be provided in a workshop oper­ The individuals to receive training other material change in economic con­ ated by a State, county or municipal gov­ services under a project will include only dition of the individual or his family, and ernment, give assurance that the work­ individuals who have been certified as (4) the effect of any adjustment on the shop will comply with wage and hour eligible pursuant to § 401.20(b) of this incentive of the trainee. standards specified by the Commissioner, chapter and have been determined, by § 402.87 Federal financial participation. which will be at least equal to those im­ the appropriate State agency of the State posed by the Federal Fair Labor Stand­ in which the workshop or rehabilitation Federal financial participation will be ards Act, as amended; (i) give assurance facility is located, to be suitable for and available only in those costs set forth in in need of such training services. the approved application for a training that the workshop or rehabilitation fa­ services project. Such costs may in­ cility will meet safety standards pre­ § 402.84 Weekly training allowances. clude (a) compensation costs (including scribed by regulation of the Secretary of (a) A weekly training allowance shall salary and fringe benefits) of full-time Labor; (j) give assurance that the work­ be available to eaqh trainee, except that or part-time employees of the project, shop or rehabilitation facility will sub­ such allowance shall not be paid for any (b) travel costs of such employees for stantially meet the standards promul­ period in excess of 2 years and for any travel essential to the project, (c) the gated by the Commissioner with the week shall not exceed $25 plus $10 for purchase or rental of supplies, equip­ advice of the National Policy and Per­ each of his dependents, or $65, which­ ment, and materials necessary for the formance Council; (k) state the source, ever is less. Dependents shall be in­ project, (d) indirect costs, if the work­ or sources, of non-Federal funds; and cluded whose relationship to the trainee shop or rehabilitation facility is not op­ (1) include such other information as the is that of spouse, parent, child under erated by the State agency, (e) tele­ Commissioner may require. the age of 21 (including an adopted child phone, postage, and other communica­ § 402.81 Assurances from applicant. or step-child), or handicapped child tion costs, (f ) in the case of a grant to a The applicant shall submit with his whose dependency is related to the State agency, services provided through application assurances that (a) weekly handicap, and who are living in the same purchase or other contractual arrange­ training allowances will not reduce, but home with the trainee. ment with a workshop or rehabilitation will supplement, any wages or other re-, (b) The amount of the weekly train­ facility (not operated by the State numeration due a trainee, and the ing allowance shall be determined in agency) as set forth in the approved amount of the payment for the weekly accordance with §§ 402.85 and 402.86. application, provided such service costs training allowance will be identified and It is anticipated that ordinarily the include only items permitted by direct disbursed separately from any payment trainee will receive the maximum allow­ grant, (g) the purchase of psychological representing wages or other remunera­ ance of $25 per week for himself, but and other tests and testing materials to tion due a trainee, (b) no trainee will such allowance may be adjusted pursuant be used in the work evaluation of train­ remain in training when it is determined to the provisions of § 402.86. In view ees, (h) the purchase of occupational that he is no longer making reasonable of the incentive factor, however, the tools and equipment required by trainees progress (as indicated by regular train­ adjusted weekly training allowance avail­ to engage in training and job tryouts, ing progress reports) toward the com­ able to a trainee shall not be less than such tools and equipment to remain the pletion of his training program or the than $10 per week. To the extent that property of the workshop or rehabilita­ development of a capability for gainful the weekly training allowance is paid for tion facility, (i) the payment of weekly employment, or in any event for more dependents, the amount shall be $10 per training allowances, and (j) other costs than 2 years, (c) in the event any portion week for each dependent. as may be approved in the application. of the training services is performed out- - (c) The State agency shall make final Federal financial participation shall be side the designated workshop or reha­ determination, after consultation with at the rate of 90 per centum of approved bilitation facility the applicant will retain the project facility and in accordance costs. responsibility for the quality of such with the training services plan, with re­ § 402.88 Grant awards. services, and (d) the full range of trainr spect to (1) the amount of the weekly ing services will be made available to training allowance and (2) any adjust­ All grant awards shall be in writing, each trainee to the extent of his need for ment to be made in the amount of the shall set forth the amount of funds such services. allowance. granted, and shall constitute for such amounts the encumbrance of Federal § 402.85 Factors considered in deter­ § 402.82 Site survey of workshops and mining the amount of weekly train­ funds available for such purposes on the rehabilitation facilities. ing allowances. date of the award. The initial award shall also specify the project period for Normally, a site survey will be made In determining the amount of such which support is contemplated if the ac­ prior to final determination on an ap­ allowance the following factors shall be tivity is satisfactorily carried out and plication that is considered to have grant considered: (a) The extent of the need Federal funds are available. For con­ potential. A site survey may also be for the allowance, including any expenses tinuation support, grantees must make made whenever the Commissioner deems reasonably attributable to receipt of separate application in the form and it necessary in connection with the proj­ training services, (b) the extent to which detail required by the Commissioner. ect. The survey shall be conducted by the allowance will help insure entry into a team competent in the field of work­ and satisfactory completion of training, § 402.89 Payments. shops and rehabilitation facilities. The and (c) the extent to which the allow­ Payments of the Federal share of an team shall include two or more of the ance will motivate the trainee to achieve approved training services project may following: (a) A representative of the a better standard of living. be made in installments, and in advance State agency, (b) a person from an op­ for estimated costs of operation or by erating rehabilitation facility or work­ § 402.86 Factors considered in adjust­ ment of weekly training allowances. way of reimbursement to the grantee shop, other than the applicant, (c) and shall be subject to such requirements technical assistance consultants from (a) Adjustment in the weekly train­as the Commissioner may establish. Vocational Rehabilitation Administra­ ing allowances may be made at any time tion panels, or (d) other qualified per­ during the individual’s training period § 402.90 Reports. sons, except that where a State agency and the amount of the allowance shall Progress, financial, and other reports is the applicant, no officer or employee be reviewed periodically. The project of such agency shall participate on the facility may propose the adjustment, but shall be submitted in the form and at survey team. A written report of the the final determination shall be made by intervals prescribed by the Commis­ survey in the form and detail required the State agency. sioner.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3150 RULES AND REGULATIONS

§ 402.91 Project revision. are assigned to the Secretary of the De­ A revision of an approved project partment of Health, Education, and Wel­ Title 47— TELECOMMUNICATION for training services shall be submitted fare with respect to institutions of higher whenever necessary to reflect any ma­ education, hospitals and other health Chapter I— Federal Communications terial change in the scope of the project facilities and elementary and secondary Commission or its operation or administration. schools and school systems. [Docket No. 16991; FCC 67-227] (1) Assigned responsibilities, accepted § 402.92 Termination. on April 26, 1966 and April 11, 1966, re­ PART 73— RADIO BROADCAST spectively, regarding institutions of SERVICES If for any reason the grantee discon­ higher education and hospitals and other tinues an approved project, the grantee health facilities are: shall notify the Vocational Rehabilita­ Report and Order; Table of Assign­ tion Administration in writing, giving (1) Compliance reports, including the ments in Virginia and West Vir­ mailing, receiving and evaluation thereof ginia the reasons for termination, an account­ under § 611.6(b); ing of funds granted for the project, and (ii) All other actions under § 611.6; In the matter of amendment of other pertinent information. The grant (iii) All actions under § 611.7, includ­ § 73.202, Table of Assignments, FM may be terminated, in whole or in part, ing periodic compliance reviews, receiv­ B roadcast Stations (Harrisonburg, at any time at the discretion of the Com­ ing of complaints, investigations, deter­ Staunton, and Waynesboro, Va., Buck- missioner. The grantee will be given mination of recipient’s apparent failure hannon, Elkins, Richwood, and Weston, prompt notice of the termination, in­ to comply, and resolution of matters by W. Va.), Docket No. 16991. cluding the reasons therefor. Such ter­ informal means. 1. The Commission has under consid­ mination shall not affect obligations (2) Assigned responsibilities, accepted eration its notice of proposed rule mak­ incurred prior to the termination of the on June 22, 1966, regarding elementary ing, FCC 66-1051, issued in this proceed­ grant. Upon termination or completion and secondary schools and school sys­ ing on November 18, 1966, and published of a project, the proportion of unex­ tems are: in the F ederal R egister on November pended funds attributable to the Federal (i) Soliciting, receiving, and deter­ 23, 1966 (31 F.R. 14844) proposing to grant shall be refunded. mining the adequacy of assurances of delete certain FM assignments located § 402.93 Factors considered in evaluat­ compliance, voluntary desegregation in the area known as the “quiet zone” ing proposals. plans, and final court orders under outlined in § 73.215 of the rules. The § 611.4; assignments proposed to be deleted are as In evaluating proposals for grants for (ii) Mailing, receiving, and evaluating follows: projects for training services a number compliance reports under § 611.6(b) ; Channel of factors will be considered by the Vo­ (iii) All other actions related to secur­ City No. cational Rehabilitation Administration, ing voluntary compliance, or related to Harrisonburg, Va______288A such as: The distribution of training investigations, compliance reviews, com­ Staunton, Va______272A services projects among the regions; the plaints, determinations of apparent fail­ Waynesboro, Va______224A types of disability groups served; the Buckhannon, W. Va_____ 237A ure to comply, and resolutions of mat­ Elkins, W. Va______232A merit of a proposal in relation to other ters by informal means. Richwood, W. Va______244A projects for training services in the (b) Reservation of responsibilities: Weston, W. Va______228A region; and the amount of Federal funds The Foundation specifically reserves to available for support of training serv­ itself the responsibilities for the effectu­ 2. There are no applications for the ices projects. ation of compliance under § 611.8, § 611.9, assignments proposed to be deleted with Effective date. This revision shall be­ and § 611.10. the exception of Channel 224A at (c) Exercise of assigned responsibili­ Waynesboro, Va., for which there are come effective on the date of its publica­ two mutually exclusive applications tion in the F ederal R egister. ties: The assigned responsibilities are to be exercised in accordance with the Co­ which have been designated for a hear­ Dated: February 14, 1967. ordinated Enforcement Procedures for ing in Docket Nos. 15967 and 15968. [seal] Wilbur J. Cohen, higher education and medical facilities Stations are in operation on Channels Acting Secretary. dated February 1966, and the Coor­ 264 and 219 (educational) at Harrison­ dinated Enforcement Procedures for ele­ burg and on Channel 228A at Staunton. [F.R. Doc. 67-2024; Filed, Feb. 21, 1967; mentary and secondary schools and 3. Our proposal to delete the unused 8:46 a.m.] school systems dated May 1966, developed assignments in the quiet zone would be by the interested governmental agencies consistent with our previous action in and approved by the Department of Jus­ deleting all the UHF TV assignments in Chapter VI— National Science tice, and may be redelegated to other offi­ the same area. F’urther, we stated that Foundation cials of the Department of Health, Edu­ consideration would be given to future cation, and Welfare. The Foundation re­ petitions for assignments in this area PART 611— NONDISCRIMINATION IN tains the right to exercise these respon­ but pointed out that, among other things, FEDERALLY ASSISTED PROGRAMS sibilities itself in special cases with the such requests would be judged as to the OF THE NATIONAL SCIENCE FOUN­ agreement of the appropriate official of impact they would have on the work DATION-EFFECTUATION OF TITLE the Department of Health, Education, being done by the National Radio Astron­ and Welfare. omy Observatory (NRAO) at Green VI OF THE CIVIL RIGHTS ACT OF Bank, W. Va., and the Naval Radio Re­ 1964 (Sec. 602, 78 Stat. 252; sec. 11(a), 64 Stat. 153; 45 CFR 611.12(c)) search Station (NRRS) at Sugar Grove, W. Va. With respect to Channel 224A at Assignments to Department of Health, Effective date. This section shall be­ Waynesboro, we stated that we would Education, and Welfare come effective on the 30th day after permit this assignment to remain if A new § 611.12a is added to Part 611 the date of its publication in the F ed­ within a period of 120. days the two appli­ eral R egister. cants could work out an agreement on as follows: facilities to be proposed acceptable to § 611.12a Assignment of responsibili­ Dated: February 16,1967. the NRAO and the NRRS. ties. 4. Marja Broadcasting Corp., licensee Leland J. H aworth, of Station WDNE(AM), Elkins, W. Va., (a) Pursuant to § 611.12(c) the fol­ Director, National Science Foundation. and Waynesboro Broadcasting Corp., lowing responsibilities of the National licensee of Station WAYB(AM), Waynes­ Science Foundation and of the responsi­ [F.R. Doc. 67-2033; Hied, Feb. 21, 1967; boro, Va., and applicant for a new FM ble National Science Foundation official 8:47 ajn.] station on Channel 224A in the same

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 RULES AND REGULATIONS 3151 community, oppose the proposal insofar negotiations is quite unpredictable in any as Channels 232A at Elkins and 224A at given case. Title 50— WILDLIFE AND Waynesboro, are concerned. Marja sub­ 6. In view of the foregoing and pur­ mits that it cannot reach the people in suant to authority contained in sections FISHERIES 4(i), 303 (r), and 307(b) of the Commu­ its trading area especially at night and Chapter I— Bureau of Sport Fisheries that it has been considering the opera­ nications Act of 1934, as amended: It is tion of an PM station to provide this ordered, That effective March 27, 1967, and Wildlife, Fish and Wildlife service. It urges that the deletion of the the FM Table of Assignments contained Service, Department of the Interior in § 73.202 of the Commission’s rules and subject channels would place an addi­ PART 33— SPORT FISHING tional burden upon applicants. Waynes- regulations is amended, as follows: boro states that the applicants for Chan­ (a) Delete the following entries: Columbia National Wildlife Refuge, nel 224A at Waynesboro have been Waynesboro, Va. (224A), Buckbannon, W. Wash. unsuccessful in reaching an agreement Va. (237A), Elkins, W. Va. (232A), Richwood, with the Naval Radio Research Observa­ W. Va. (244A), and Weston, W. Va. (228A). The following special regulation is is­ tory sufficiently realistic so as to justify sued and is effective on date of publica­ (b) Amend the following entries in tion in the F ederal R egister. continued prosecution of its application. Virginia to read : 5. We have carefully considered the Channel § 33.5 Special regulations; sport fish­ subject proposal together with the com­ City No. ing; for individual wildlife refuge ments filed and conclude that the method Harrisonburg ______264 areas. as proposed for the utilization of PM S tau n ton ______228A W ashington assignments in the quiet zone would best 7. It is further ordered, That this pro­ COLUMBIA NATIONAL WILDLIFE REFUGE serve the public interest. While the ceeding is hereby terminated. procedure requiring prior consideration (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. Sport fishing on the Columbia National of the possible impact the assignment 154. Interpret or apply secs. 303, 307, 48 Stat. Wildlife Refuge, Wash., is permitted only will have on the work of the NRAO and 1082, 1083; 47 U.S.C. 303, 307) on the area designated by signs as open the NRRS and the filing of a petition for to fishing. This open area, comprising rule making does involve additional steps, Adopted: February 15,1967. 1,500 acres of lakes and 41 miles of we do not agree with Marja that this Released: February 17, 1967. streams, is delineated on maps available will be a heavy burden on prospective at the refuge headquarters and from the Applicants. Such procedure is presently F ederal Communications office of the Regional Director, Bureau required for use of UHF television assign­ Commission,1 of Sport Fisheries and Wildlife, 730 ments and is operating without any diffi­ [seal] B en F. Waple, Northeast Pacific Street, Portland, Oreg. culty or great burden to applicants. See Secretary. 97208. Sport fishing shall be in accord­ Report and Order in Docket No. 16882, [P.R. Doc. 67-2035; Filed, Feb. 21, 1967; ance with all applicable State regula­ FCC 66-965. Further, we are of the 8:47 a.m.] tions, subject to the following special view that the work of the NRAO and conditions: the NRRS is of such significant public (1) Sport fishing shall be permitted interest that the delay or burden in­ Title 43— PUBLIC LANDS: on the refuge as follows: volved in the procedure adopted herein Waters open April 16 through August is warranted. ■ It is also pointed out that INTERIOR 15, 1967: Bobcat Creek and ponds, Coy­ if the PM channels under consideration ote Creek and ponds, Canal Lake, Cat­ were not deleted, the Commission’s rules Chapter II— Bureau of Land Manage­ tail Lake, Corral Lake, Falcon Lakes, would incorrectly imply that the chan­ ment, Department of the Interior nels were available on much the same Gadwall Lake, Goldeneye Lake, Hays APPENDIX— PUBLIC LAND ORDERS Creek and ponds, Hampton Lakes, Heron basis as those outside the quiet zone. Lake, Hourglass Lake, Hutchinson Lake, With respect to Waynesboro, apparently [Public Land Order 4161] Lemna Lake, Mallard Lake, McManna- no satisfactory agreement has been con­ [Fairbanks 030993] cluded thus far between the interested man Lake, Migraine Lake, North Teal parties. We are therefore deleting this ALASKA Lake, Para Lake, Pillar Lake, Pit Lake, assignment as well, but reiterate that we Poacher Lake, Quail Lake, Sago Lake, will consider replacing it in the future Transfer of Lands From Department of Scabrock Lake, Sage Lakes, Shoveler if such an agreement can be reached: the Air Force to Department of the Lake, Shiner Lake, Snipe Lake, South As a matter of information, it is pointed Army Teal Lake, and Widgeon Lake. out that an application was recently Waters open April 16 through Septem­ By virtue of the authority vested in the ber 30, 1967: Royal Lake, Lower Crab granted for the use of TV Channel 51 President and pursuant to Executive Or­ at Staunton, Va., in the quiet zone, based der No. 10355 of May 26, 1952 (17 F.R. Creek within Management Units H, TV, upon a carefully engineered proposal in­ and V, as posted. tended to provide adequate protection 4831), it is ordered as follows: to the NRAO and the NRRS. Initially, The following described land, with­ Waters open July 9 through September the proposal did not meet the interfer­ drawn by Public Land Order No. 684 of 30,1967: Lower Crab Creek within Man­ ence criteria of the NRAO or the NRRS. November 9, 1950, for use of the Depart­ agement Units I and HI, as posted. However, at the request of the applicant, ment of the Air Force, is hereby trans­ Waters open October 29,1967, through the Commission initiated and partici­ ferred to the jurisdiction of the Depart­ March 15, 1968: Halfmoon Lake and pated in negotiations with the Office of ment of the Army: Morgan Lake. the Director of Telecommunications Fairbanks Meridian Waters open year around: Potholes Management (Executive Office of the T. 2 S., R. 4 E„ Canal, including Soda Lake, Long Lake, President), the Department of the Navy Sec. 31. and Crescent Lake. and the NRAo with a view toward re­ solving the problem. This led to joint The area described aggregates 615 (2) The use of boats and the use of engineering studies which resulted in acres on Eielson Air Force Base. outboard motors are prohibited on lakes changes in the proposal so as to make H arry R. Anderson, so posted. The use of racing crafts, hy­ it mutually agreeable to all parties in­ Assistant Secretary of the Interior. droplanes, and airthrust crafts is pro­ volved. Upon request, the Commission F ebruary 16,1967. hibited. s prepared to also make further use of [F.R. Doc. 67-2001; Filed, Feb. 21, 1967; The provisions of this special regula­ this existing frequency coordination ma- 8:45 a.m.] cnmery in connection with FM broad­ tion supplement the regulations which govern fishing on wildlife refuge areas casting proposals which do not initially 1 Commissioner Cox concurring in part and raieive approval by the NRAO or the dissenting in part and Commissioner Wads­ generally which are set forth in Title ttRS, noting that the outcome of such worth absent. 50, Code of Federal Regulations, Part

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36----- 4 3152 RULES AND REGULATIONS

33, and are effective through March 15, the bell-crank, located just above and than seventeen (17) nor more than 1968. behind the new end-platform, created a twenty-two (22) inches from center and P aul T. Quick, safety hazard during a sudden release not less than twenty-six (26) nor more Regional Director, Bureau of of the lowered hand-brake. than forty (40) inches above top of end- Sport Fisheries and Wildlife. It further appearing, that this safety platform tread. F ebruary 9,1967. hazard can be minimized by increasing ***** the maximum limit imposed for the dis­ (Sec. 25, 41 Stat. 498, as amended; 49 U.S.C [F.R. Doc. 67-2000; Filed, Feb. 21, 1967; tance from the hand-brake shaft to the 8:45 a.m.] 26. Secs. 2 and 3, 36 Stat. 298; 45 U.S.C. 11 top of the end platform from the present and 12. Interpret or apply secs. 4 and 6 27 thirty-six (36) inches to forty (40) Stat. 531 and 532; 45 U.S.C. 4 and 6. Sec. 1 inches. The increase has been considered 32 Stat. 943; 45 U.S.C. 8. Sec. 4, 36 Stat. 299 Title 49— TRANSPORTATION and concurred in by the Railway Labor as amended; 45 U.S.C. 13) Executives Association, the Brotherhood It is further ordered, That this amend­ Chapter I— Interstate Commerce of Locomotive Engineers, and other in­ ment shall become effective February 28 Commission terested parties. And it further appearing, that a hear­ 1967. SUBCHAPTER A— GENERAL RULES AND ing in this proceeding is not necessary And it is further ordered, That a copy REGULATIONS because all interested parties are in full of this order shall be served on all parties [No. 34468] accord. to this proceeding, including all carriers It is ordered, that subparagraph subject to the Safety Appliance Acts, 45 PART 131— UNITED STATES SAFETY- (3) (ii) of § 131.27(a) of Title 49, Chap­ U.S.C. 1-16, and that notice of this order APPLIANCE STANDARDS (RAILROAD) ter I, of the Code of Federal Regulations shall be given to the general public by be amended to read as follows: depositing a copy thereof in the Office of Box and Other House Cars the Secretary of the Interstate Com­ § 131.27 Box and other house cars merce Commission, at Washington, D.C., At a general session of the Interstate without roof hatches (does not in­ Commerce Commission, Division 3, held and by filing a copy thereof with the Di­ clude cars with roofs 16 feet 10 rector, Office of the Federal Register. at its office in Washington, D.C., on the inches or more above top of rail). 9th day of February, A.D. 1967. By the Commission, Division 3. It appearing, that after the addition (a) Handbrakes. of 49 CFR 131.27, requiring, in part, a * * * * * [seal] H. Neil Garson, change to a lower location of the hand­ (3) Location. * * * Secretary. brake, which became effective on April 1, (ii) The brake shaft shall be located[F.R. Doc. 67-2025; Filed, Feb. 21, 1967; 1966 (32 F.R. 2701), it has developed that on end of car, to the left of and not less 8:46 a.m.]

FEDERAL HEGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22. 1967 3153 Proposed Rule Making

proves a proposed regulation, such pro­ volved shall be subject to a civil penalty of DEPARTMENT OF THE TREASURY posal is changed accordingly and after not more than $10,000 for which the vessel adoption the regulations are published on which passage is to be or is sold shall be Coast Guard liable. If tickets are sold, the owner, oper­ in the F ederal R egister. If a proposal ator, agent, or any other person involved in [ 46 CFR Part 80 1 under consideration is not accepted, the each violation of regulations so promulgated proposal is rejected or withdrawn. shall also be subject to a civU penalty of [CGFR 67-6] 4. Each person or organization who de­ $500 for each ticket sold for which the vessel on which passage is sold shall be liable. disclosure o f s a f e t y sta n d a rd s sires to submit written comments, data or views in connection with the proposed (c) Notwithstanding the provisions of sub­ OF PASSENGER VESSELS section (a) of this section, any foreign or regulations set forth herein should sub­ domestic vessel of over 100 gross tons having Public Hearing on Proposals mit them in triplicate so that they will berth or stateroom accommodations for 50 be received by the Commandant (CMC), or more passengers, shall not depart a U.S. F ebruary 16, 1967. U.S. Coast Guard Headquarters, Wash­ port with passengers wh'o are U.S. nationals, 1. The Merchant Marine Council will ington, D.C. 20226, prior to March 17, and who embarked at that port, if the Secre­ hold a public hearing on Monday, March 1967. Comments, data or views may be tary of the Department in which the Coast presented orally or in writing at the Guard is operating finds that such vessel 20.1967, commencing at 9:30 a.m. in the does not comply with the standards set forth Departmental Auditorium, between 12th public hearing before the Merchant in the International Convention for the and 14th Streets on Constitution Avenue Marine Council on March 20, 1967. In Safety of Life at Sea, 1960, as modified by the NW., Washington, D.C., for the purpose order to insure consideration of written amendments proposed by the thirteenth ses­ of receiving comments, views and data on comments and to facilitate checking and sion of the Maritime Safety Committee of proposed changes in the navigation and recording, it is very helpful if each com­ the Intergovernmental Maritime Consulta­ vessel inspection rules and regulations. ment regarding a section or paragraph tive Organization contained in Annexes I The first 12 items are described in detail of the proposed regulations in this docu­ through IV of the Note Verbale of the Secre­ ment would be submitted in triplicate tary General of the Organization dated 17 in the Merchant Marine Council Public May 1966, No. Al/C/3.07 (NV.l). Hearing Agenda (CG-249) dated March and on Form CG-3287 and show the sec­ 20, 1967, and are described in general tion number (if any), the subject, the 6. The effective date for these laws is terms in a notice of proposed rule making name, business firm or organization (if May 6, 1967 and is specified in section designated CGFR 66-64 and published any) and address of the submitter, the 5 of Public Law 89-777, which reads as January 24,1967 (32 F.R. 795-807). text of the proposed change, and reasons follows: (if any). A small quantity of Form CG- 2. This document contains additional 3287 is attached to the printed copies of Sec. 5. The new subsection (b) of section proposed regulations, together with ap­ 4400 of the Revised Statutes and section 3 propriate references to statutory author­ this document, which will be mailed di­ of this Act shall become effective 180 days ity, regarding disclosure of safety stand­ rect to interested parties. Additional after enactment o f this Act. The new sub­ ards of passenger vessels, which will be copies of Form CG-3287 may be repro­ section (c) of section 4400 of the Revised duced by typewriter or otherwise. Statutes shall become effective on the date considered by the Merchant Marine when the recommended amendments to the Council at the Public Hearing on March I tem PH 13-67—D isclosure op Safety International Convention for the Safety of 20.1967. The complete text of the pro­ S tandards of Passenger Vessels Life at Sea, 1960, come into force, but in any posed regulations is set forth herein and case not later than November 2, 1968. designated Item PH 13-67. Printed 5. Public Law 89-777, approved No­ copies of this document will be mailed to vember 6, 1966, added paragraphs (b) 7. The intent 6f the proposed regula­ persons and organizations who have ex­ and (c) to section 362 of Title 46, U.S. tions is to carry out the mandate of pressed a continued interest in this Code (section 4400 of the Revised Stat­ Congress as described in House Report subject and have requested that copies utes) , regarding disclosure of safety 2285, 89th Congress, accompanying H.R. standards for certain passenger vessels 10327, and dated October 14, 1966, which be furnished them. Copies will also be reads in part: “* * * the Secretary con­ furnished, upon request, to the Com­ operating from U.S. ports and for certain mandant (CMC), U.S. Coast Guard, cerned will take such steps as may be types of advertising in the United States necessary to assure that the notification Washington, D.C. 20226,

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3154 PROPOSED RULE MAKING

SUBCHAPTER H— PASSENGER VESSELS (4) Coastwise voyages including those§ 80.10-10 Safety information require PART 80— DISCLOSURE OF SAFETY voyages conducted solely on United ments for all passenger vesséls other States inland waters. STANDARDS OF PASSENGER VES­ than those engaged on voyages on SELS §80.05—3 Promotional literature and U.S. dom estic inland and Great Lakes advertising. voyages. Subpart 80.01— Authority and Purpose (a) All promotional literature or ad­ (a) Information required for notifica­ Sec. vertising in or over any medium of com­ tion to a prospective passenger and for 80.01-1 Purpose. advertising in or over any medium of 80.01-5 Authority. munication within the United States of­ fering passage or soliciting passengers communication shall be as set forth in Subpart 80.05— Application for international ocean voyages any­ this paragraph. Select appropriate par­ enthetical word, phrase or date. Word­ 80.05-1 Passenger vessels embarking pas­ where in the world and for U.S. domestic sengers at U.S. ports. ocean voyages shall comply with regula­ ing in brackets will not be required until 80.05-3 Promotional literature and adver­ tions in this part. November 2, 1968. tising. (1) For vessels meeting 1948 or I960 80.05-10 Companies, organizations and per­ § 80.05—10 Com panies, organizations SOLAS standards for new vessels: and persons. sons. Safety I nformation (a) Owners, operators, or agents of Subpart 80.10— Disclosure of Passenger Vessel The ------:------registered Information passenger vessels subject to this part, or (Name) persons offering or selling passage on 80.10-1 General. I n ------meets Interna- 80.10-3 Notification of safety to prospec­ either a foreign or U.S. passenger vessel ( Country) tive passengers. shall be governed by applicable regula­ tional Safety Standards for new ships de­ 80.10-5 Advertising information require­ tions in this part. veloped in —------[ (including) (but ments for international ocean (194a) (1960) voyages and U.S. domestic ocean Subpart 80.10— Disclosure of Passen­ not including) the 1966 fire safety require­ voyages. ger Vessel Information ments]. 80.10-10 Safety information requirements § 80.10-1 General. . (2) For vessels in which the hull, for all passenger vessels other decks and deckhouses (except isolated than those engaged on voyages (a) All information required by this on U.S. domestic inland and deckhouses containing no accommoda­ Great Lakes voyages. subpart or furnished voluntarily by or in tions) are of steel or aluminum and 80.10-15 Safety information requirements any means of communication shall be which substantially comply with all for passenger vessels engaged on accurate and factual. Owners and op­ other safety standards of the 1948 or U.S. domestic inland and Great erators of passenger vessels subject to 1960 SOLAS Convention for new vessels: this part shall furnish the required in­ Lakes voyages. S afety Information 80.10-20 Details of information required to formation to agents or persons offering be printed or spoken. or selling passage on foreign or U.S. pas­ The ------registered (Name) Subpart 80.20— Penalties senger vessels subject to this part. in ------substantially 80.20-1 Civil penalty assessed. (b) Agents or persons offering or sell­ (Country) ing passage shall be deemed to have com­ meets International Safety Standards for Authority: The provisions of this Part 80 plied with this section if they repeat the new ships developed i n ______[(and issued under R.S. 4400, as amended; 46 U.S.C. information furnished them by the owner (1948) (1960) 362. Treasury Department Order 190, Rev. 4, or operator of the vessel on which they meets) (but does not meet) the 1966 fire Dec. 15, 1965, 30 P.R. 15770. offer or sell passage. safety requirements]. Subpart 80.01— Authority and (3) For vessels not included in cate­ § 80.10—3 Notification of safety to pro­ gories (1) and (2) above: Purpose spective passengers. S afety I nformation § 80.01—1 Purpose. (a) Every prospective passenger shall The ______registered (a) The purpose of the regulations inbe given a notification of safety for the (Name) this part is to require the disclosure of passenger vessel on which such person in .------(meets Inter- safety standards of passenger vessels desires to sail which will inform Mm of (Country) and to specify the manner in which the the safety standards which the vessel national Safety Standards for new ships de­ disclosure shall be made. does or does not meet. This informa­ veloped in 1929) ; (does not meet any Inter­ tion shall be furnished by the owner, national Safety Standards developed as a § 80.01—5 Authority. operator or agent selling passage on the result of an International Convention). Vessel’s huU is of (combustible), (incom­ (a) The regulations in this part re­vessel and shall include all the informa­ bustible) material. Vessel’s decks are of garding disclosure of safety standards tion required by § 80.10-10 or § 80.10-15 (combustible), (incombustible) material. of passenger vessels interpret or apply as appropriate and shall be furnished in Vessel’s deckhouses are of (combustible), section 362 of 46 Ü.S. Code (R.S. 4400, writing to each prospective passenger at (incombustible) material. Vessel’s struc­ as amended). or prior to his purchase of passage. tural bulkheads are of (combustible), (in­ (b) This notification of safety shall combustible) material. Internal partitions are of (combustible), (incombustible), (both Subpart 80.05— Application be furnished separately from any pro­ combustible and incombustible) materials. motional literature or other information An automatic sprinkler system (is), (is not) § 80.05—1 Passenger vessels embarking offered. passengers at U.S. ports. fitted in passenger living and public spaces. [The vessel (meets), (does not meet) the § 80.10—5 Advertising information re­ 1966 fire safety requirements.] (a) The regulations in this part apply quirements for international ocean to passenger vessels of 100 gross tons or voyages and U.S. domestic ocean voy­ (b) Additional factual information over which have berth or stateroom ac­ ages. regarding a passenger vessel’s safety commodations for 50 or more passengers (a) All promotional advertising or lit­may be added separately from the re­ and embarking passengers: quired information. (1) In the United States; erature in or over any medium of com­ (c) Descriptive information as to hull (2) In the Commonwealth of Puerto munication offering passage on/or solic­ structure and partitions of identical Rico; iting passengers for specific vessels, materials may be consolidated. (3) In the Virgin Islands; or, voyages or cruises on international ocean § 80.10—15 Safety information require­ (4) In Guam; and; voyages and U.S. domestic ocean voyages ments for passenger vessels engaged On one or more of the following type shall include all the information required on United'States domestic inland and voyages: Great Lakes voyages. (1) International voyages; by § 80.10-10. (2) United States domestic ocean N ote: This requirement shall be applicable (a) Information required for notifica­ voyages; on and after May 6, 1967; however, pro­ tion to a prospective passenger. Select motional literature printed before May 6, appropriate parenthlcal word, phrase or (3) Voyages on the Great Lakes; 1967, may be utilized until January 31, 1968. date. FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3155

Safety I nformation have corresponding information which determining when services are per­ The „______- registered will be easily understood. For example: formed for, or on behalf of, related per­ (Name) T he______registered in sons. Such amendment is effective for ______meets U.S. (Vessels’ names) taxable years of foreign corporations be­ (Country) ______respectively meet ginning after December 31,1962; and for Coast Guard standards for a vessel built to (Country) taxable years of U.S. shareholders with­ regulations for inland waters. international standards for new ships in which, or with which, such taxable ’ (Year) - developed in ______years of such foreign corporations end. Vessel’s decks are of (combustible) (incom­ (1948)(1960) Paragraph (b) of § 1.954-4 is amended bustible) materials. Vessel’s deckhouses are of (combustible) (incombustible) materials. Subpart 80.20— Penalties by revising subparagraph (l)(iv), by Vessel’s structural bulkheads are of (com­ deleting the second and third sentences bustible) (incombustible) materials. In­ § 80.20—1 Civil penalty assessed. of subparagraph (1), by redesignating ternal partitions are of (combustible) (in­ (a) For each violation of regulationssubparagraph (2) as subparagraph (3) combustible) (both combustible and incom­ so promulgated, the owner, operator, and adding a new subparagraph (2), by bustible) materials. An automatic sprinkler agent, or other person involved shall be redesignating examples (3) through (9) system (is) (is not) fitted in passenger liv­ in subparagraph (3) as so redesignated ing and public spaces. subject to a civil penalty of not more than $10,000 for which the vessel on as examples (4) through (10), by delet­ (b) Additional factual information which passage is to be or is sold shall be ing example (2) in subparagraph (3) regarding a passenger vessel’s safety liable. If tickets are sold, the owner, as so redesignated and inserting in lieu may be added separately from the re­ operator, agent, or any other person in­ thereof new examples (2) and (3), and quired information providing it is not volved in each violation of regulations so by revising example (7) as so redesig­ misleading to a prospective passenger. promulgated shall also be subject to a nated. Thèse amended and added provi­ (c) Descriptive information as to hull civil penalty of $500 for each ticket sold sions read as follows: structure and partitions of identical for which the vessel on which passage is § 1.954—4 Foreign base company serv­ materials may be consolidated. sold shall be liable. ices income. § 80.10-20 Details of information re­ Dated: February 16,1967. * * * ♦ * (b) Sèrvices performed for, or on be­ quired to be printed or spoken. [seal] T rue D avis, Assistant Secretary of the Treasury. half of, a related person—(1) Specific (a) The information concerning any cases. * * * passenger vessel required by this section [F.R. Doc. 67-2051; Filed, Feb. 21, 1967; (iv) Substantial assistance contribut­ on all printed materials, ~ including 8:49 a.m.] ing to the performance of such services notifications, shall be in the same word­ has been furnished by a related person ing and format as set forth in § 80.10- Internal Revenue Service or persons. 10 or § 80.10-15, as applicable. Text as (2) Special rules, (i) Subparagraph used in this regulation means any por­ [ 26 CFR Part 1 1 (1) (ii) of this paragraph shall not apply tion of the printed matter, including any with respect to services performed by a heading, wherein voyage or vessel FOREIGN BASE COMPANY controlled foreign corporation pursuant description is made. SERVICES INCOME to a contract the performance of which (b) Information required to be spoken is guaranteed by a related person, if the on any type of electronic communica­ Notice of Proposed Rule Making related person’s sole obligation with tions shall be in the same wording and Notice is hereby given that the regula­ respect to the contract is to guarantee format as required by the applicable tions set forth in tentative form below performance of such services, if the con­ § 80.10-10. are proposed to be prescribed by the trolled foreign corporation is fully obli­ (c) The wording and format as re­ Commissioner of Internal Revenue, gated to perform the services under the quired by the applicable § 80.10-10 or with the approval of the Secretary contract, and if the related person (or § 80.10-15 shall meet the following mini­ of the Treasury or his delegate. Prior any other person related to the controlled mum requirements: to the final adoption of such regula­ foreign corporation) does not in fact pay (1) For advertising the safety informa­ tions, consideration will be given to for performance of, or perform, any of tion statement shall be in the same size any comments or suggestions pertain­ such services the performance of which type as the body of text but in no event ing thereto which are submitted in writ­ is so guaranteed or pay for performance smaller than 6 point American point ing, in duplicate, to the Commissioner of, or perform, any significant services system. For all other printed matter of Internal Revenue, Attention: related to such services. For purposes such statement shall in no event be CC: LR: T, Washington, D.C. 20224, of the preceding sentence, a related per­ smaller than 8 point American point within the period of 30 days from the son will be considered to guarantee per­ system. date of publication of this notice in the formance of the services by the con­ (2) The heading “Safety Information” F ederal R egister. Any person submit­ trolled foreign corporation whether it shall be in all caps and at least 20 ting written comments or suggestions guarantees performance of such services percent larger than the type of print in who desires an opportunity to comment by a separate contract of guaranty or statement but in no event smaller than orally at a public hearing on these pro­ enters into a service contract solely for 8 point American point system bold face posed regulations should submit his re­ purposes of guaranteeing performance of type. quest, in writing, to the Commissioner such services and immediately thereafter (3) The safety information headingwithin the 30-day period. In such case, assigns the entire contract to the con­ and text shall be separated from other a public hearing will be,held, and notice trolled foreign corporation for execution. portions of advertisement, promotional of the time, place, and date will be pub­ (ii) For purposes of subparagraph (1) literature, notifications, etc. by at least lished in a subsequent issue of the (iv) of this paragraph— a double spacing or a box ruling. Federal R egister. ' The proposed (a) Assistance furnished by a related regulations are to be issued under the person or persons to the controlled for­ (d) In advertising or promotional liter­authority contained in section 7805 of eign corporation shall include, but shall ature, listing 2 or more passenger vessels, the Internal Revenue Code of 1954 (68A not be limited to, direction, supervision, the safety information may be varied Stat. 917; 26 U.S.C. 7805). services, know-how, financial assistance irom that required by § 80.10-10 for each (other than contributions to capital), vessel to eliminate unnecessary repeti­ [seal] S heldon S. Cohen, Commissioner of Internal Revenue. and equipment, material, or supplies. tion, so long as it is clear what standards (b) Assistance furnished by a related «en vessel meets. This may be done by The Income Tax Regulations (26 CFR person or persons to a controlled foreign nsertmg in the list of vessels appropriate Part 1) under section 954(e) of the corporation in the form of direction, ootnote or asterisk reference after each Internal Revenue Code of 1954 are here­ supervision, services, or know-how shall vessel and in the safety information text by amended to revise provisions for not be considered substantial unless the

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3156 PROPOSED RULE MAKING assistance, so furnished assists the con­ factor in producing the income from the Route 97, Erie, Pa., on March 28, 1967 trolled foreign corporation directly in the performance of such contract. beginning at 10 aun., with respect to pro­ performance of the services performed Example (3). Controlled foreign corpora­ tion P enters into a contract with an un­ posed amendments to the tentative mar­ by such corporation and unless either related person to construct a dam in a for­ keting agreements and to the orders" U) the assistance so furnished provides eign country. Domestic corporation M owns regulating the handling of milk in thé the controlled foreign corporation with all the outstanding stock of F Corporation. Northeastern Ohio, Greater Youngs- skills which are a major factor in pro­ Corporation P leases or buys from M Corpo­ town-Warren, and Greater Wheeling ducing the income from the performance ration, on an arm’s length basis, the equip­ marketing areas. of such services by such corporation or ment and material necessary for the con­ The public hearing is for the purpose (2) the cost to the controlled foreign struction of the dam. The technical and supervisory personnel who design and over­ of receiving evidence with respect to the corporation of the assistance so fur­ see the construction of the dam are regular economic and marketing conditions nished equals 25 percent or more of the full-time employees of P Corporation who which relate to the proposed amend­ total cost to the controlled foreign cor­ are not on loan from any related person. ments, hereinafter set forth, and any ap­ poration of performing the services per­ The principal clerical work, and the financial propriate modifications thereof, to the formed by such corporation. The term accounting, required in connection with the tentative marketing agreements and to "cost”, as used in this subdivision (b), construction of the dam by P Corporation the orders. are performed, on a remunerated basis, by shall be determined after taking into The proposals relative to a redefini­ account adjustments, if any, made under full-time employees of M Corporation. All other assistance P Corporation requires in tion of the marketing areas raise the is­ section 482. completing the construction of the dam Is sue of whether the provisions of the (c) Equipment, material, or suppliespaid for by that corporation and furnished present orders would tend to effectuate furnished by a related person to a con­ by unrelated persons. The services per­ the declared policy of the Act, if they are trolled foreign corporation shall be con­ formed by P Corporation under the contract applied to the marketing areas as pro­ sidered assistance only in that amount for the construction of the dam are not per­ posed to be redefined and, if not, what by which the price or rent actually paid formed for, or on behalf of, a related per­ modifications of the provisions of the or­ by the controlled foreign corporation for son for purposes of section 954(e) because the clerical and accounting services fur­ ders would be appropriate. the purchase or use of such item is less nished by M Corporation do not assist P The proposed amendments, set forth than the fair market value of such pur­ Corporation directly in the performance of below, have not received the approval of chase or use. The total of such amounts the contract. the Secretary of Agriculture. so considered to be assistance in the * * * * * Proposed by Dairymen’s Co-Operative case of equipment, material, and sup­ Example (7). The facts are the same as Sales Association, Erie-Crawford Dairy plies furnished by all related persons in example (6) except that M Corporation, Cooperative Association, Milk Producers shall be compared with the profits de­ preparatory to entering the construction Federation, and Northwestern Coopera­ rived by the controlled foreign corpora­ contract, prepares plans and specifications tive Sales Association: tion from the performance of the serv­ which enable the submission of bids for the Proposal No. 1. Replace the provi­ ices to determine whether the equipment, contract. Since M Corporation has per­ sions of the Northeastern Ohio, Greater material, and supplies furnished by a formed significant services related to the Youngstown-Warren, and Greater related person or persons are by them­ services the performance of which it has guaranteed, the construction of such high­ Wheeling orders with the following pro­ selves substantial assistance contribut­ way by C Corporation is considered for pur­ visions: ing to the performance of such services, poses of section 954(e) to be the performance D efinitions or, if determined not to be substantial of services for, or on behalf of M Corpora­ by reason of such comparison, shall be tion. § 1036.1 Act. taken into account along with other as­ * * ' * * * “Act” means Public Act No. 10, 73d sistance, not considered by itself to be [F.R. Doc. 67-2013; Piled, Feb. 21, 1967; Congress, as amended and as reenacted substantial, furnished by a related per­ 8:46 a.m.] and amended by the Agricultural Mar­ son or persons in applying subparagraph keting Agreement Act of 1937, as (1) (iv) of this paragraph.. Determina­ amended (7 U.S.C. 601 et seq.). tions with respect to material, equip­ ment, or supplies pursuant to this sub­ DEPARTMENT OF AGRICULTURE § 1036.2 Secretary. division (c) shall be made before taking “Secretary” means the Secretary of into account adjustments, if any, made Consumer and Marketing Service Agriculture or such other officer or em­ under section 482. ployee of the United States authorized (3) Illustrations. The application of [ 7 CFR Parts 1008, 1036, 1048 1 to exercise the powers or to perform the this paragraph may be illustrated by the [Docket Nos. AO 179-A28, AO 325-A8, duties of the Secretary of Agriculture. AO 268-A12] following examples: § 1036.3 Department. * * * * * MILK IN NORTHEASTERN OHIO, Example (2). Controlled foreign corpora­ “Department” means the U.S. Depart­ tion B enters into a contract with an un­ GREATER YOUNGSTOWN-WAR­ ment of Agriculture. related person to drill an oil well in a foreign REN, AND GREATER WHEELING § 1036.4 Person. country. Domestic corporation M owns all MARKETING AREAS the outstanding stock of B Corporation. “Person” means any individual, part­ Corporation B employs a relatively small Notice of Hearing on Proposed nership, corporation, association, or any clerical and .administrative staff and owns Amendments to Tentative Market­ other business unit. the necessary well-drilling equipment. Most of the technical and supervisory personnel ing Agreements and Orders § 1036.5 Northeastern Ohio-W estern Pennsylvania marketing area. who oversee the drilling of the oil well by B Pursuant to the provisions of the Ag­ Corporation are regular employees of M Cor­ “Northeastern Ohio-Western Pennsyl­ poration who are temporarily employed by ricultural Marketing Agreement Act of 19§7, as amended (7 U.S.C. 601 et seq.), vania marketing area”, hereinafter called B Corporation. In addition, B Corporation the “marketing area”, means all the ter­ hires on the open market unskilled and semi­ and the applicable rules of practice and skilled laborers to work on the drilling procedure governing the formulation of ritory within the following designated project. The services performed by B marketing agreements and marketing districts, including territory within such Corporation under the well-drilling contract orders (7 CFR Part 900), notice is hereby districts occupied by Government (Mu­ are performed for, or on behalf of, a related given of a public hearing to be held at nicipal, State, or Federal) reservations, person for purposes of section 954(e) be­ the Holiday Inn, 16501 Brookpark Road, installations, institutions, or other simi­ cause the services of the technical and su­ lar establishments, together with all pervisory personnel which are provided by Cleveland, Ohio, beginning at 10 a.m., on March 14, 1967, and at the Pittsburgh piers, docks, and wharves connected M Corporation are of susbtantial assistance therewith: in the performance of such contract in that Hilton Hotel,. Gateway Center, Pitts­ (a) “Cleveland district” means all ter­ they assist B Corporation directly in the burgh, Pa., on March 20,1967, beginning ritory within the boundaries of Cuyahoga execution of the contract and provide B at 10 a.m., and at the Holiday Inn South, and Summit Counties; Stark County, ex­ Corporation with skills which are a major at the intersection of Interstate 90 and cept Paris and Sugar Creek Townships,

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3157 the city of Ashtabula in Ashtabula § 1036.7 Producer. hall in Ashtabula, the city hall in Canton, County; Knox Township in Columbiana “Producer” means any person, except the public square in Cleveland, the city County; Willoughby, Mentor and Kirt- a producer-handler as defined in any hall in Warren, the city hall in Youngs­ land Townships and the city of Paines- order (including this part) issued pur­ town, all cities in Ohio, the city hall in viiie in Lake Comity; Black River, Shef­ suant to the Act, who produces milk in Erie, the city hall in Pittsburgh, the city field, Avon Lake, Avon, Amherst, Elyria, compliance with the inspection require­ hall in Uniontown, all cities in Pennsyl­ Ridgeville, Carlisle, Eaton, Columbia, and ments of the appropriate health author­ vania, or the city hall in Wheeling, W. Grafton Townships in Lorain County; ity in the marketing area for consump­ Va., operated by a cooperative associa­ Smith Township in Mahoning County; tion as fluid milk, which milk is received tion, or associations, if one-half or more Liverpool, Brunswick, Hinckley, York, at a pool plant or diverted pursuant to of the milk (exclusive of that received Granger, Medina, Lafayette, Montville, § 1036.10 from a pool plant to a nonpool at pool plants described in paragraphs Sharon and Wadsworth Townships in plant. The terms shall include such a (b) and (c) of this section) delivered Medina County; Franklin, Ravenna, person with respect to milk diverted to during the immediately preceding 6- Brimfield and Suffield Townships and a pool plant from another order plant month period by producers who are mem­ Lots 5 to 10, 15 to 20, 25 to 30, and 35 (unless designated for Class II use) dur­ bers of such association(s) was received to 40, inclusive, of Randolph Township ing any month in which the quantity at the pool plants of other handlers. in Portage County; and Sections 1, 2, 3, diverted is greater than the quantity of § 1036.9 Nonpool plant. 10,11 and 12 of Sugar Creek Township milk physically received from such per­ in Wayne County; all in the State of son at the plant from which diverted, “Nonpool plant” means any milk re­ Ohio. and such milk is exempt from the pooling ceiving, manufacturing or processing (b) “Youngstown district” means all provisions of the other order. plant other than a pool plant. The fol­ territory within the boundaries of Trum­ lowing categories of nonpool plants are bull and Mahoning Counties, Ohio (ex­ § 1036.8 Pool plant. further defined as follows: cept Smith Township in Mahoning (a) “Other order plant” means a plant “Pool plant” means any milk plant that is fully subject to the pricing and County), and Perry Township in Colum­ specified in paragraph (a), (b), (c), or biana County, Ohio. pooling provisions of another order is­ (d) of this section approved by the ap­ sued pursuant to the Act. (c) “Wheeling-Erie district” means all propriate health authority in the mar­ territory within the boundaries of: keting area, other than the plant of a (b) “Producer-handler plant” means (1) Jefferson, Belmont, Harrison, and a plant operated by a producer-handler producer-handler or a plant for which as defined in any order (including this Monroe Counties, Ohio. the handler is exempt pursuant to (2) Hancock, Brooke, Ohio, and Mar­ §§ 1036.90 and 1036.91. part) issued pursuant to the Act. shall Counties, W. Va. (a) A plant at which milk is packaged (c) “Partially regulated distributing (3) Liverpool, St. Clair, Wellsville, and from which (1) fluid milk products plant” means a nonpool plant that is nei­ Yellow Creek, Madison, and Washington classified as Class I milk are distributed ther an other order plant nor a producer- Townships in Columbiana County, Ohio. on a route in the marketing area; and handler plant, from which fluid milk (4) Londonderry, Oxford, and Mill- (2) total disposition of such fluid milk products acceptable to an appropriate wood Townships in Guernsey County, products on routes is 50 percent or more health authority for distribution in the Ohio. of total receipts during the month of marketing area are distributed in con­ (5) Erie County, Pa. milk approved for fluid use by a duly sumer-type packages or dispenser units (d) “Pittsburgh district” means all authorized health authority from dairy on routes in the marketing area during territory within the boundaries of Al­ farmers, through reload points and from the month. legheny, Armstrong, Beaver, Butler, Fay­ other plants, except that during each of (d) “Unregulated supply plant” means ette, Lawrence, and Washington Coun­ the months of April through July the a nonpool plant that is neither an other ties; Westmoreland County (except Cook, percentage requirements of this para­ order plant nor a producer-handler Donegal,’ Fairfield, Ligonier, and St. graph shall be 40 percent if such plant plant, from which milk, skim milk or Clair Townships); Vernon and West qualified during each of the proceding cream acceptable to an appropriate Mead Townships in Crawford County; months of August through March; health authority for distribution in the and Hempfield, Hickory, and West Salem (b) A plant from which there has been marketing area is shipped to a pool Townships in Mercer County; all in the plant. State of Pennsylvania. delivered to pool plant (s) described in paragraph (a) of this section, either § 1036.10 Producer milk. § 1036.6 Handler. during the current month or during any “Producer milk” means only that skim “Handler” means: period of consecutive months ending with milk and butterfat contained in milk (a) Any person who operates a pool the current month, 50 percent or more received: Plant; of its total dairy farm supply of milk; (a) At a pool plant from producers in­ (b) Any person who operates a par­ (c) A plant which was a pool plant cluding that diverted from a pool plant tially regulated distributing plant; during each month of the preceding to another pool plant or to a nonpool (c) A cooperative association with re­ period of August through January and plant; and spect to the milk of any producer which during that period delivered to pool (b) By a cooperative association in its such cooperative association causes to be plant(s) described in paragraph (a) of capacity as a handler pursuant to~ diverted for the account of such associa­ this section 10 percent or more of its § 1036.6 (a) and (d); and tion from a pool plant to a pool plant or monthly total dairy farm supply of milk during .each such month, and 50 percent (c) Diverted from the farm of a pro­ nonpool plant; ducer to another pool plant for the ac­ (d) Any cooperative association with or more of its total dairy farm supply during the entire August-January period, count of the handler operating the pool respect to the milk of its member pro­ plant from which diverted. Milk so di­ ducers which is delivered directly from shall, unless written notice of withdrawal is received by the market administrator verted shall be deemed to have been farm to the pool plant“ of another received for the account of such handler andler in a tank truck owned, operated before the first day of the month, be a pool plant as follows: at the location of the pool plant from y or under contract to such cooperative which diverted if at least 6 days’ produc­ ssociation for the account of such co- (1) During the months of February tion of the producer is delivered to such perativc association for the account of through July regardless of- shipments; plant during the month. cn cooperative association (such milk and s all be considered as having been re­ (2) During each successive month of § 1036.11 Other source milk. ceived by such cooperative association August through January in which it de­ “Other source milk” means all skim at a location identical to that of the pool livers 10 percent or more of its total milk and butterfat contained in: want to which it is delivered); dairy farm supply to pool plant(s) de­ (a) Receipts during the month of fluid scribed in paragraph (a) of this section. milk products except (1) fluid milk prod­ e) a producer-handler, or any per- (d) A plant located less than 40 miles ucts received from pool plants, (2) pro­ °n who operates an other order plant. from the city hall in Akron, the city ducer milk, or (3) opening inventory;

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3158 PROPOSED RULE MAKING

(b) Products, other than fluid milk from the farm in a tank truck is com­ (f) Publicly announce, unless other­ products, from any source (including mingled with other such milk before en­ wise directed by the Secretary by post­ those produced at the plant) which are tering a milk plant. All reloading opera­ ing in a conspicuous place in his office reprocessed or converted to another prod­ tions on the premises of a pool plant shall and by such other means as he deems uct in the plant during the month; and be considered to be a part of such pool appropriate, the name of any person who (c) Any disappearance of nonfluid plant’s operation. Otherwise the opera­ within 10 days after the day upon which milk products not otherwise accounted tions at a reload point shall be considered he is required to perform such acts, has for. to be a part of the operation of the pool not made (1) reports pursuant to § 1036 - § 1036.12 Fluid milk product. plant to which the major portion of the 30 or (2) payments pursuant to milk moved from farms to the reload § 1036.80, § 1036.84, § 1036.86, § 1036 87 “Fluid milk product” means milk, point normally moves, except for the ap­ or § 1036.88. skim milk, buttermilk, flavored milk, plication of location adjustments pursu­ (g) Submit his books and records to milk drinks (plain or flavored), concen­ ant to §§ 1036.55 and 1036.81. trated milk, reconstituted milk or skim examination by the Secretary and fur­ Market Administrator nish such information and reports as milk, yogurt, cream (sweet or sour) or may be requested by the Secretary; any mixture in fluid form of milk, skim § 1036.20 Designation. milk, and cream (except eggnog, ice (h) On or before the 20th day of each cream mix and areated cream). The agency for the administration of month, report to each cooperative asso­ this part shall be a market administra­ ciation that so requests the class utiliza­ § 1036.13 Producer-handler» tor, selected by the Secretary, who shall tion of milk received during the preced­ “Producer-handler” means any person be entitled to such compensation as may ing month by each handler from produc­ who operates a distributing plant at be determined by and shall be subject ers who are members of such association, which there is processed milk of such to removal at the discretion of the prorating to such receipts the class utili­ person’s own farm production and at Secretary. zation of all producer receipts of such handlers; which there is received no milk from § 1036.21 Powers. other dairy farmers and no other source (i) Audit all reports and payments by milk in the form of fluid milk products: The market administrator shall have each handler by inspection of such han­ Provided, That such person provides the following powers with respect to this dler’s records and of the records of any proof satisfactory to the market admin­ part: other handler or nonhandler upon whose istrator that (a) the care and manage­ (a) To administer its terms and pro­ utilization the classification of skim miiir ment of all the dairy animals and other visions; and butterfat for such handler depends; resources used in such farm production (b) To make rules and regulations to (j) On or before the dates specified are the personal enterprise or at the per­ effectuate its terms and provisions; herein, publicly announce by . posting in sonal risk of such person, and (b) the (c) To receive, investigate and report a conspicuous place in his office and by operation of the processing and distribu­ to the Secretary complaints of viola­ such other means as he deems appropri­ tion facilities is the personal enterprise tions; and ate, the following: of and at the personal risk of such (d) To recommend amendments to the (1) The 6th day of each month, the person. Secretary. Class I milk price and the Class I butter- § 1036.22 Duties. fat differential, both for the current § 1036.14 Route. month; and the Class n milk price and “Route” means a delivery (including a The market administrator shall per­ the Class n butterfat differential, both delivery by a vendor or sale from a plant form all duties necessary to administer for the preceding month; and or plant store) of any fluid milk product the terms and provisions of this part, in­ (2) The 14th day of each month the classified as Class I milk to a wholesale cluding, but not limited to, the following: uniform price computed pursuant to or retail outlet other than a delivery to (a) Within 30 days following the date § 1036.71 and the butterfat differential any milk plant. on which he enters upon his duties or computed pursuant to § 1036.82; and such lesser period as may be prescribed (k) Prepare and disseminate to the § 1036.15 Cooperative association. by the Secretary, execute and deliver to public such statistics and information as “Cooperative association” means any the Secretary a bond, effective as of the he deems advisable and as do not reveal cooperative marketing association of date on which he enters upon such duties confidential information. producers which the Secretary deter­ and conditioned upon the faithful per­ (l) Whenever required for purpose of mines after application by the associa­ formance of such duties, in an amount allocating receipts from other order tion: and with surety thereon satisfactory to plants pursuant to § 1036.46(h) and the (a) To be qualified under the provi­ the Secretary; corresponding step of § 1036.47, the mar­ sions of the Act of Congress of February (b) Employ and fix the compensation ket administrator shall estimate and 18, 1922, as amended, known as the of such persons as may be necessary to publicly announce the utilization (to the “Capper-Volstead Act”; enable him to administer its terms and nearest whole percentage) in each class (b) To have full authority in the sale provisions; during the month of skim milk and of milk of its members and to be engaged (c) Obtain a bond in a reasonable butterfat, respectively, in producer milk in making collective sale or marketing amount and with reasonable surety of all handlers. Such estimate shall milk or its products for its member; and thereon covering each employee who be based upon the most current avail­ (c) To have all of its activities under handles funds entrusted to the market able data and shall be final for such the control of its members. administrator; purpose; (d) Pay, out of funds provided by § 1036.18 Reload point. § 1036.86: (m) Report to the market adminis­ “Reload point” means a location which (1) The cost of his bond and the bonds trator of the other order, as soon as is more than 40 miles from the city hall of his employees; possible after the report of receipts and in Akron, the city hall in Ashtabula, the (2) His own compensation; and utilization for the month is received city hall in Canton, the public square in (3) All other expenses, except those from a handler who has received fluid Cleveland, the city hall in Warren, the incurred under § 1036.87, necessarily in­ milk products from an other order plant, city hall in Youngstown, all cities in Ohio, curred by him in the maintenance and the classification to which such receipts the city hall in Erie, the city hall in Pitts­ functioning of his office in the perform­ are allocated pursuant to §§ 1036.46 and burgh, the city hall in Uniontown, all 1636.47 pursuant to such report, and ance of his duties; thereafter any change in such allocation cities in Pennsylvania or the city hall in (e) Keep such books and records as Wheeling, W. Va., at which facilities ap­ required to correct errors disclosed in proved by the appropriate health au­ will clearly reflect the transactions pro­ verification of such report; and thority in the marketing area for trans­ vided for in this part, and, upon request (n) Furnish to each handler operat­ fer of milk from one tank truck to an­ by the Secretary surrender the same to ing a pool plant who has shipped fluid other and for washing of tank trucks are such other person as the Secretary may milk products to an other order plant, maintained, and at which milk moved designate; the classification to which the skim milk

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3159 and butterf at in such fluid milk products (b) The amount and date of payment unmodified fluid milk product of the were allocated by the market adminis­ to each producer or cooperative associa­ same nature and butterfat content, and trator of the other order on the basis tion pursuant to § 1036.80; and (2) Not specifically accounted for as of the report of the receiving handler; (c) The nature and amount of each Class II; and, as necessary, any changes in such deduction or charge involved in the pay­ (b) Class II. Class n shall be skim classification arising in the verification ments referred to in paragraph (b) of milk and butterfat: of such report. this paragraph. (1) Used to producé a product other than a fluid milk product; Reports, R ecords, and Facilities § 1036.33 Records and facilities. (2) Disposed of in fluid milk products § 1036.30 Reports of receipts and utili­ Each handler shall maintain, and in bulk to any commercial food process­ zation. make available to the market adminis­ ing establishment for use in food prod­ trator during the usual hours of business, On or before the eighth day after the ucts prepared for consumption off the such accounts and records of all of his premises; end of the month each handler except a operations and such facilities as, in the handler pursuant to § 1036.6(e) and a (3) Disposed of for livestock feed or opinion of the market administrator, are dumped subject to prior notification to handler exempt pursuant to § 1036.91 necessary to verify reports or to ascer­ and inspection (at his discretion) by the shall report to the market administrator tain the correct information with respect for such month in detail and on forms market administrator; prescribed by the market administrator; to: (4) In frozen cream; (a) The receipts and utilization of all (5) In inventory of fluid milk prod­ (a) The quantities of skim milk and skim milk and butterfat required to be ucts on hand at the end of the month; butterfat contained in, or used in the reported pursuant to § 1036.30 or (6) In shrinkage of skim milk and production of: § 1036.31; butterfat, respectively, assigned pursuant (1) Milk received from producers (or (b) The pounds of skim milk and to § 1036.42(a) (1) but not in excess of: qualified dairy farmers, in case of a non­ butterfat contained in or represented by (i) Two percent of producer milk (ex­ pool plant) and from handlers pursuant each fluid milk product on hand at the cept that received from a handler pur­ to § 1036.6(d); beginning and at the end of each month; suant to § 1036.6(d); (2) Fluid milk products received from (c) The weights and tests for butter­ (ii) Plus 1.5 percent of producer milk other pool plants; fat and for other contents of all milk and received from a handler pursuant to (3) Other source milk; and milk products handled; and § 1036.6(d): Provided, That if the han­ (4) Inventories of fluid milk products (d) Payments to producers and to co­ dler receiving such milk files notice with on hand at the beginning of the month; operative associations. and the market administrator that he is pur­ § 1036.34 Retention of records. chasing such milk on the basis of farm (b) The utilization of all skim milk weights, the applicable percentage pur­ and butterfat required to be reported All books and records, required under suant to this subdivision shall be 2 pursuant to paragraph (a) of this sec­ this part to be made available to the percent; tion, including a separate statement with market administrator shall be retained (iii) Plus 1.5 percent of milk received respect to: by the handler for a period of 3 years in bulk tank lots from pool plants of (1) Disposition of fluid milk products to begin at the end of the calendar other handlers; on routes in the marketing area; and month to which such books and records (iv) Plus 1.5 percent of receipts of fluid (2) Inventories of fluid milk products pertain: Provided,^That if, within such milk products in bulk from unregulated on hand at the end of the month; and 3-year period, the market administrator supply plants exclusive of the quantity (c) Such other information as the notifies the handler in writing that the for which Class n utilization was re­ market administrator may prescribe. retention of such books and records, or quested by the operators of such plants § 1036.31 Other reports. of specified books and records, is neces­ and the handlers; sary in connection with a proceeding (a) On or before the eighth day after (v) Plus 1.5 percent of receipts of fluid under section 8c (15) (A) of the Act or milk products in bulk from unregulated the end of the month, each handler pur­ a court action specified in such notice, suant to § 1036.6(d) shall report to the supply plants exclusive of the quantity the handler shall retain such books and for which Class n utilization is requested market administrator in detail and on records, or specified books and records, forms prescribed by the market admin­ by the handler; and until further written notification from (vi) Less 1.5 percent of milk disposed istrator the quantities of skim milk and the market administrator. In either butterfat in producer milk delivered to of in bulk tank lots to pool plants of case the market administrator shall give other handlers; each pool plant in the month. further written notification to the han­ ■t' Each producer-handler and each (7) In shrinkage of skim milk and dler promptly upon the termination of butterfat, respectively, assigned pursuant handler exempt pursuant to § 1036.90 or the litigation or when the records are § 1036.91 shall make reports to the mar­ to § 1036.42(a) (2); and no longer necessary in connection (8) Contained in that portion of “for­ ket administrator at such time and-in therewith. such manner as the market administra­ tified” fluid milk products not classified tor may request. Classification as Class I milk. § 1036.40 Skim milk and butterfat to be § 1036.42 Shrinkage. § 1036.32 Payroll reports. classified. On or before the 25th day after the All skim milk and butterfat which is (a) If a handler has receipts of other end of each month, each handler who required to be reported pursuant to source milk shrinkage shall be prorated received milk from producers and/or § 1036.30 shall be classified pursuant to between: (1) Skim milk and butterfat handlers pursuant to § 1036.6(d) and §§ 1036.41 through 1036.43. in amounts respectively equal to 50 times each handler except a handler who the maximum amount that may be com­ elected at the time of reporting to make § 1036.41 Classes of utilization. puted pursuant to § 1036.41(b) (6); and Payments pursuant to § 1036.75(b) who Subject to the conditions set forth in (2) skim milk and butterfat in other operates a partially regulated distribut- §§ 1036.43 through 1036.46, the classes source milk in fluid form, exclusive of Ihg plant shall submit to the market ad­ of utilization shall be as follows: that specified in § 1036.41(b) (6). (a) Class I. Class I shall be all skim (b) Producer milk diverted by a han­ ministrator his producer payroll for the milk and butterfat: dler from his pool plant to another plant hionth (in the case of the handler oper­ (1) Disposed of from the plant in the (pool or nonpool) without first having ating the partially regulated distributing form of fluid milk products, except those been received for the purposes of weigh­ Plant, his payroll for qualified dairy classified pursuant to paragraph (b) (2), ing in the diverting handler’s pool plant armers), which shall show: (3) and (8) of this section, except that shall be excluded from receipts at the

No. 36----- 5 r FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3160 PROPOSED RULE MAKING

§ 1036.43 Transfers. (ii) Any Class I utilization disposed of dler who first received such skim miifr Skim milk or butterfat disposed of by on routes in the marketing area of an­ or butterfat proves to the market ad­ a handler from a pool plant, including other order issued pursuant to the Act ministrator that such skim milk or transfers or diversions made by a co­ shall be first assigned to receipts from butterfat should be classified otherwise. plants fully regulated by such order, next operative association shall be classified: § 1036.45 Computation of the skim (a) At the utilization indicated by the pro rata to receipts from pool plants and milk and butterfat in each class. operators of both plants, otherwise as other order plants not regulated by such Class I milk, if transferred or diverted order, and thereafter to receipts from For each month the market adminis- to a pool plant of another handler sub­ dairy farmers who the market admin- . trator shall correct for mathematical ject to the following conditions: strator determines constitute regular and for other obvious errors the monthly (1) The skim milk or butterfat so as­ sources of supply for such nonpool plant; report of receipts and utilization sub­ signed to each class shall be limited to (iii) Class I utilization in excess of mitted by each handler and compute the the amount thereof remaining in such that assigned pursuant to subdivisions total pounds of skim milk and butterfat, class in the transferee plant after com­ (i) and (ii) of this subparagraph shall respectively, in Class I milk, and Class II putations pursuant to § 1036.46(h) and be assigned first to remaining receipts milk for such handler: Provided, That the corresponding step of § 1036.47; from dairy farmers who the market ad­ if any of the water contained in the (2) If the transferor plant received ministrator determines constitute the milk from which a product is made is during the month other source milk to regular source of supply for such non- removed before the product is utilized or be allocated pursuant to § 1036.46(c) and pool plant and Class I utilization in ex­ disposed of by a handler, the pounds of the corresponding step of § 1036.47, the cess of such receipts shall be assigned skim milk disposed of in such product skim milk and butterfat so transferred pro rata to unassigned receipts at such shall be considered to be an amount shall be classified so as to allocate the nonpool plant from all pool and other equivalent to the nonfat milk solids con­ least possible Class I utilization to such order plants; and tained in such product, plus all of the other source milk; and (iv) To the extent that Class I utiliza­ water reasonably associated with such (3) If the transferor handler received tion is not so assigned to it, the skim solids in the form of whole milk. during the month other source milk to milk and butterfat so transferred shall § 1036.46 Allocation of butterfat classi­ be allocated pursuant to § 1036.46 (g) be classified as Class II milk; and fied. or (h) and the corresponding steps of (d) As follows, if transferred to an The pounds of butterfat remaining § 1036.47, the skim milk and butterfat other order plant in excess of receipts after making the following computations so transferred up to the total of such from such plant in the same category as receipts shall not be classified as Class I described in subparagraph (1), (2), or shall be the pounds in each class allo­ (3) of this paragraph: cated to producer milk: milk to a greater extent than would be (a) Subtract from the total pounds applicable to a like quantity of such (1) If transferred in packaged form, of butterfat in Class II the pounds of other source milk received at the trans­ classification shall be in the classes to butterfat classified as Class II pursuant feree plant. which allocated as a fluid milk product to § 1036.41(b) (6); (b) As Class I milk, if transferred to under the other order; (b) Subtract from the remaining a producer-handler; (2) If transferred in bulk form, classi­ pounds of butterfat in each class the (c) As Class I milk, if transferred or fication shall be in the classes to which pounds of butterfat in fluid milk prod­ diverted to a nonpool plant that is neither allocated as a fluid milk product under ucts received in packaged form from an other order plant nor a producer- the other order (including allocation other order plants as follows: handler plant unless the requirements of under the conditions set forth in sub- (1) From Class n milk, the lesser of subparagraphs (1) and (2) of this para­ paragraph (3) of this paragraph); (3) If the operators of both the trans­ the pounds remaining or 2 percent of graph are met, in which case the skim such receipts; and milk and butterfat so transferred or di­ feror and transferee plants so request in the reports of receipts and utilization (2) From Class I milk, the remainder verted shall be classified in accordance of such receipts; with the assignment resulting from sub- filed with their respective market ad­ (c) Subtract in the order specified be­ paragraph (3) of this paragraph: ministrators, transfers in bulk form shall low from the pounds of butterfat remain­ (1) The transferring or diverting be classified as Class II to the extent of the Class n utilization (or comparable ing in each class, in series beginning with handler claims classification pursuant to Class II, the pounds of butterfat in each the assignment set forth in subparagraph utilization under such other order) (3) of this paragraph in his report sub­ available for such assignment pursuant of the following: to the allocation provisions of the trans­ (1) Other source milk in a form other mitted to the market administrator pur­ than that of a fluid milk product; suant to § 1036.30 for the month within feree order; (2) Receipts of fluid milk products for which such transportation occurred; (4) If the classification to which which appropriate health approval is not (2) The operator of such nonpool allocated under the other order is not available to the market administrator established, or which are from uniden­ plant maintains books and records show­ tified sources; and ing the utilization of all skim milk and for purposes of establishing classifica­ (3) Receipts of fluid milk products butterfat received at such plant which tion pursuant to this paragraph, classi­ from a producer-handler, as defined are made available if requested by the fication shall be as Class I, subject to under this or any other Federal order; market administrator for the purpose adjustment when such information is (d) Subtract, in the order specified of verification; and available; below from the pounds of butterfat re­ (3) The skim milk and butterfat so (5) For purposes of this paragraph, if maining in Class II but not in excess of transferred shall be classified on the basis the transferee order provides for more such quantity: of the following assignment of utiliza­ than two classes of utilization, milk tion at such nonpool plant in excess of allocated to a class consisting primarily (1) Receipts of fluid milk products receipts of packaged fluid milk products of fluid milk products shall be classified from an unregulated supply plant: from all pool plants and other order as Class I, and milk allocated to other (1) For which the handler requests plants; classes shall be classified as Class II; and Class II utilization; or (i) Any Class I utilization disposed of (6) If the form in which any fluid milk (ii) Which are in excess of the pounds on routes in the marketing area shall be product is transferred to an other order of butterfat determined by multiplying first assigned to the skim milk and but­ plant is not defined as a fluid milk prod­ the pounds of butterfat remaining in terfat in the fluid milk products so trans­ uct under such other order, classification Class I milk by 1.25 and subtracting the ferred or diverted from pool plants, next shall be in accordance with the provi­ sum of the pounds of butterfat in pro­ pro rata to receipts from other order sions of § 1036-.41. ducer milk, receipts from other pool plants and thereafter to receipts from handlers, and receipts in bulk from other dairy farmers who the market admin­ § 1036.44 Responsibility of handlers order plants; ¡J istrator determines constitute regular and reclassification of milk. (2) Receipts of fluid milk products in sources of supply of Grade A milk for All skim milk and butterfat shall be bulk from an other order plant in. excess such nonpool plant; classified as Class I milk unless the han­ of similar transfers to such plant, if

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3161

Class II utilization was requested by the times the simple average of the daily (3) Determine the amount of the sup­ operator of such plant and the handler; wholesale selling prices (using the mid­ ply-demand adjustment from the follow­ (e) Subtract from the pounds of but- point of any price range as one price) of ing schedule: terfat remaining in each class, in series Grade A (92-score) bulk creamery but­ Amount of ter per pound at Chicago, as reported supply- beginning with Class II, the pounds of demand butterfat in inventory of fluid milk prod­ by the U.S. Department of Agriculture adjustment ucts on hand at the beginning of the for the month. The basic formula price Deviation percentage: (cents) month; ~ shall be rounded to the nearest full cent. -f 13 or over___ '______—25 (f) Add to the remaining pounds of § 1036.51 Class I m ilk price. + 10 o r +11______—19 butterfat in Class II milk the pounds + 7 o r + 8 ______-1 3 subtracted pursuant to paragraph (a) of Subject to the provisions of §§ 1036.54 + 4 or + 5 ______„_____ - 7 this section; and 1036.55, the Class I milk price per + 2 to —2...... 0 (g) Subtract from the pounds of but­ hundredweight for the first 18 months —4 or —5______;___ - _____ + 7 terfat remaining in each class, pro rata from the effective date of this section — 7 o r —8______+13 to such quantities, the pounds of but­ shall be the basic formula price for the —10 o r —11______+19 terfat in receipts of fluid milk products preceding month adjusted as follows: —13 or below______+ 25 from unregulated supply plants which (a) At a plant in one of the followingWhen the deviation percentage does not were not subtracted pursuant to para­ districts, add the applicable Class I fall within the tabulated brackets, the graph (d) (1) of this section; differential; adjustment shall be determined by the (h) Subtract from the pounds of but­ adjacent bracket which is the same as or terfat remaining in each class, in the Class I differential nearest to the bracket used in the pre­ following order, thé pounds of butterfat vious month. District in receipts of fluid milk products in bulk August April § 1036.52 Class II milk price. from an other order plant (s), in excess through through in each case of similar transfers to the March July The minimum price per hundred­ same plant, which were not subtracted weight to be paid by each handler, f.o.b. $2.20 $1.80 pursuant to paragraph (d) (2) of this 2.15 1.75 his plant, for producer milk of 3.5 percent section; 2.07 1.67 butterfat content received from pro­ (1) In series beginning with Class H, 1.95 1.55 ducers or from a cooperative association the pounds determined by multiplying during the month, which is classified as the pounds of such receipts by the larger (b) At a plant outside the marketing Class n utilization, shall be the basic of the percentage of estimated Class IL- area, add the Class I differential pur­ formula price, as computed pursuant to utilization of butterfat announced for suant to paragraph (a) of this section § 1036.50, but in no event shall the Class the month by the market administrator which is applicable at the location of II price exceed the price per hundred­ pursuant to § 1036.22(1) or the percent­ the City Hall of the following cities that weight computed by adding together the age that Class II utilization remaining is nearest such plant: plus amounts computed as follows, plus is of the total remaining utilization of 10 cents: Oh io butterfat of the handler; and (a) From the average of the daily (2) From Class I, the remaining Akron. Cleveland. wholesale selling prices per pound (using pounds of such receipts; Ashtabula. Youngstown. the midpoint of any price range as one (i) Subtract from the pounds of but­ Canton. Warren. price) of Grade A (92-score) bulk cream­ terfat remaining in each class the pounds P ennsylvania ery butter for the month as reported by of butterfat received in fluid milk prod­ the Department of Agriculture for the ucts from pool plants of other handlers Erie. Uniontown. Chicago market, subtract three cents, according to the classification assigned Pittsburgh. W est Virginia add 20 percent of the resulting amount pursuant to § 1036.43(a) ; and Wheeling. and then multiply by 3.5; and (j) If the pounds of butterfat remain­ (b) From the weighted average of the ing in all classes exceed the pounds of (c) Add or subtract a “supply-demand carlot prices per pound of spray process butterfat in producer milk, subtract such adjustment” computed as follows: nonfat dry milk solids for human con­ excess from the pounds of butterfat (1) Divide the total quantity of pro­ sumption, f.o.b. manufacturing plants in remaining in each class in series begin­ ducer milk during the second and third the Chicago area, as published for the ning with Class II. Any amount so months preceding by the gross quantity period from the 26th day of the immedi­ subtracted shall be known as “overage”. of milk utilized as Class I (adjusted to ately preceding month through the 25th § 1036.47 Allocation of skim milk. eliminate duplications due to inter- day of the current month by the Depart­ Allocate the pounds of skim milk in handled transfers) at pool plants in the ment of Agriculture, deduct 5.5 cents, each class to milk received from pro­ same two months, multiply the result by multiply by 8.5 and then multiply by ducers in a manner similar to that pre­ 100, and round to the nearest whole 0.965. scribed for butterfat in § 1036.46. number. The result shall be known as the “current utilization percentage.” § 1036.54 Butterfat differentials to han­ § 1036.48 Computation of total pro­ (2) Compute a “deviation percentage” dlers. ducer m ilk in each class. by subtracting from the current utiliza­ If the average butterfat content of amounts computed pursuant to tion percentage as computed in sub- the milk of any handler allocated to §§ 1036.46 and 1036.47 shall be combined paragraph (1) of this paragraph, the any class is more or less than 3.5 per­ into one total for each class and the “standard utilization percentage” shown cent, there shall be added to the prices weighted average butterfat content of below: of milk for each class as computed pur­ producer milk in each class determined. ■ ' __ Standard suant to §§ 1036.51 and 1036.52 for each Month for which the price utilization one-tenth of 1 percent that the aver­ Minimum P rices is being computed: percentage age butterfat content of such milk is § 1036.50 Basic formula price. January__ c______,______130 above 3.5 percent, or subtracted for each February______129 The basic formula price shall be the March ___ 129 one-tenth of 1 percent that such average average price per hundredweight for April ______130 butterfat content is below 3.5 percent, manufacturing grade milk f.o.b. plants May _____ 131 an amount equal to the average daily v '^sconsin and Minnesota, as reported June ______132 wholesale price per pound of Grade A U S* Apartment of Agriculture July ------141 (92-score) bulk creamery butter per A u g u st______:______149 pound at Chicago as reported by the De­ Î ^ mon.th- Such Price shall be ad- September______142 Pèsent butterfat basis by O cto b er______128 partment of Agriculture during the « J S r rfat differential rounded to the N ovem ber______126 month, multiplied by the following nearest one-tenth cent computed at 0.12 December ______128 factors:

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3162 PROPOSED RULE MAKING

(a) Class I milk. Multiply by 1.2 and is not reported or published, the market (e) Add an amount equal to not less divide the result by 10; administrator shall use a price deter­ than one-half of the unobligated balance (b) Class II milk. Multiply by 1.15 mined by the Secretary to be equivalent in the producer-settlement fund; and divide the result by 10. to or comparable with the price specified. (f) Divide the resulting amount by the § 1036.55 Location adjustments to han­ D etermination of U niform P rice sum of the following for all handlers in­ dlers. cluded in these computations: § 1036.70 ' Computation of the net pool (1) The total hundredweight of pro­ (a) Except as provided in paragraph obligation of each pool handler. ducer milk; and (b) of this section, the Class I price for The net pool obligation of each pool (2) The total hundredweight for producer milk and other source milk handler during each month shall be a which a value is computed pursuant (for which a location adjustment is ap­ sum of money computed by the market to § 1036.70(e); and plicable) at a plant outside the market­ administrator as follows: (g) Subtract not less than four cents ing area and more than 40 miles from (a) Multiply the quantity of producer nor more than five cents per hundred­ all the cities listed in § 1036.51(b) shall milk in each class, as computed pursuant weight. The result shall be the “uni­ be reduced 13 cents plus 1 cent for each to § 1036.48, by the applicable class form price” for milk received from 10 miles or fraction thereof in excess prices (adjusted pursuant to §§ 1036.54 producers. of 60 miles, by the shortest hard-sur­ and 1036.55); § 1036.74 Notification. faced highway distance as determined (b) Add the amount obtained from by the market administrator, that such multiplying the pounds of overage de­ On or before the 12th day after each plant is from the city hall of the nearest ducted from each class pursuant to month the market administrator shall of the cities listed in § 1036.51(b). § 1036.46(j) and the corresponding step notify each handler who submitted a re­ (b) For the purpose of this section port for the preceding month pursuant of § 1036.47 by the applicable class prices; to § 1036.30 of: the location of the reload point (instead (c) Add the amount obtained by mul­ of the location of the pool plant) shall tiplying the difference between the Class (a) The classification pursuant to be used in determining the location ad­ II price for the preceding month and the §§ 1036.46 and 1036.47 of skim milk and justment on producer milk received at a Class I price for the current* month by butterfat contained in producer milk re­ pool plant from a reload point. the hundredweight of skim milk and ceived by such handler during the month (c) For purposes of calculating this butterfat subtracted from Class I pur­ and the value of such milk computed adjustment, transfers between pool suant to § 1036.46(e) and the correspond­ pursuant to § 1036.70; plants shall be assigned as follows: ing step of § 1036.47; (b) The uniform price for the month (1) With respect to fluid milk prod­ (d) Add an amount equal to the dif­ computed pursuant to § 1036.71; and ucts moved in bulk form to a pool plant ference between the value at the Class I (c) The amount due such handler pur­ described in § 1036.8(a) in a volume not price applicable at the pool plant and the suant to § 1036.85 and the amount to be in excess of that by which an amount value at the Class II price, with respect paid by such handler pursuant to equal to 108 percent of Class I utiliza­ to skim milk and butterfat in other §§ 1036.84, 1036.86, and 1036.87. tion at such transferee plant (including source milk subtracted from Class I pur­ § 1036.75 Obligations of handler oper­ the volume assignable under the pro­ suant to § 1036.46(c) and the correspond­ ating a partially regulated distribut­ visions of this subparagraph with respect ing step of § 1036.47; in g plant. to any transfers to a second such plant (e) Add an amount equal to the value Each handler who operates a partially described in § 1036.8(a)) exceeds receipts at the Class price adjusted for location of regulated distributing plant, except as he of producer milk and that assigned as the nearest nonpool plant(s) from which is exempt pursuant to § 1036.91, shall pay Class I to receipts from other Federal an equivalent volume was received, with to the market administrator for the pro­ order plants and unregulated supply respect to skim milk and butterfat sub­ ducer-settlement fund on or before the plants at such plant. Such volume shall tracted from Class I pursuant to § 1036.46 25th day after the end of the month be assigned in sequence as follows: (g) and the corresponding step of either of the. amounts (at the handler’s (1) To receipts in the form of fluid § 1036.47. election) calculated pursuant to para­ milk from reload points considered to be graph (a) or (b) of this section. If the a part of such plant’s operations, and § 1036.71 Computation of uniform price. handler fails to report pursuant to (ii) To other receipts of fluid milk §§ 1036.30 and 1036.32 the information products from pool plants, other order For each month the market adminis­ necessary to compute the amount speci­ plants or reload points in the sequence trator shall compute the uniform price fied in paragraph (a) of this section, he, at which the least total adjustments per hundredweight for milk of 3.5 per­ shall pay the amount computed pursuant would apply; and cent butterfat content received from to paragraph (b) of this section: (2) With respect to fluid milk prod­ producers as follows: (a) An amount computed as follows: ucts moved in bulk to pool plants de­ (a) Combine into one total the values (1) (i) The obligation that would have scribed in § 1036.8 (b), (c), and (d), in computed pursuant to § 1036.70 for all been computed pursuant to § 1036.70 at a volume not in excess of that by which handlers who filed the reports prescribed such plant shall be determined as though 108 percent of the milk classified as Class by § 1036.30 for the month and who made such plant were a pool plant. For pur­ I utilization without movement as a fluid the payments pursuant to §§ 1036.80 and poses of such computation, receipts at milk product in bulk form to another 1036.84 for the preceding month; such nonpool plant from a pool plant pool plant plus that assignable to such (b) Add an amount equal to the total or an other order plant shall be assigned plant pursuant to subparagraph (1) of value of the location differentials com­ to the utilization at which classified at this paragraph exceeds receipts of pro­ puted pursuant to § 1036.81; the pool plant or other order plant and ducer milk and the volume assigned as (c) Add any amount paid into the transfers from such nonpool plant to a Class I receipts from other order plants producer-settlement fund and subtract pool plant or an other order plant shall and unregulated supply plants at such any amount paid out of the producer- be classified as Class II milk if allocated plant, such volume to be assignable to settlement fund pursuant to § 1036.88(a); to such class at the pool plant or other transferor plants in the sequence pro­ (d) Subtract, if the average butterfat order plant and be valued at the weighted vided in subparagraph (1) of this content of the milk specified in para­ average price of the respective order if paragraph. graph (f) of this section is more than 3.5 so allocated to Class I milk. There shall § 1036.56 Equivalent price provision. percent or add, if such butterfat content be included in the obligation so com­ is less than 3.5 percent, an amount com­ puted a charge in the amount specified in Whenever the provisions of this part puted by multiplying the amount by § 1036.70(e) and a credit in the amount require the market administrator to use which the average butterfat content of specified in § 1036.84(b) (2) with respect a specific price (or prices) for milk or such milk varies from 3.5 percent by the to receipts from an unregulated supply any milk product for the purpose of de­ butterfat differential computed pursuant plant, unless an obligation with respect to termining minimum class prices or for to § 1036.82 and multiplying the result by such plant is computed as specified below any other purpose and the specified price the total hundredweight of such milk; in this subparagraph.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3133

(ii) If the operator of the partially payment from the market administra­ (2) On or before the 27th day of the regulated distributing plant so requests, tor; however, the handler shall make month, to the cooperative association, and provides with his reports pursuant such balance of payment to those pro­ with respect to milk received during the to §§ 1036.30 and 1036.32 similar reports ducers to whom it is due on or before first 15 days of the month from certified with respect to the operations of any the date for making payments pursuant members specified in the request for ad­ other nonpool plant which serves as a to this paragraph next following that on vance payment, an amount not less than supply plant for such partially regulated which such balance of payment is re­ the aggregate value of such milk at the distributing plant by shipments to such ceived from the market administrator. Class n price for 3.5 percent milk for plant during the month equivalent to the (b) (1) Upon receipt of a written re­ the preceding month, without deduction requirements of § 1036.8(b), with agree­ quest from a cooperative association for hauling; and ment of the operator of such plant that which the Secretary determines is au­ (d) On or before the 13th day after the market administrator may examine thorized by its members to collect pay­ the end of each month, each handler the books and records of such plant for ment for their milk and receipt of a shall pay a cooperative association which purposes of verification of such reports, written promise to reimburse the handler is a handler, with respect to milk re­ there will be added the amount of the the amount of any actual loss incurred ceived by him from a pool plant operated obligation computed at such nonpool by him because of any improper claim on by such cooperative association, not less supply plant in the same manner and the part of the association, each handler than an amount computed by multiply­ subject to the same conditions as for the shall pay to the cooperative association ing the minimum prices for milk in each partially regulated distributing plant. for producer milk on or before the 13th class, subject to the applicable location (2) Prom this obligation there will beday of each month, in lieu of payments adjustment provided by § 1036.55 and the deducted the sum of (i) the gross pay­ pursuant to paragraph (a) of this section butterfat differential provided by ments made by such handler for milk, an amount equal to the gross sum due for § 1036.54, by the hundredweight of milk acceptable to an appropriate health au­ all milk received from certified members, in each class pursuant to §§ 1036.46 and thority, received during the month from less amounts owing by each member- 1036.47. dairy farmers at such plant and like pay­ producer to the handler for supplies pur­ § 1036.81 Location differentials to pro­ ments made by the operator of a supply chased from him on prior written order ducers and o n non pool m ilk. plant (s) included in the computations or as evidenced by a delivery ticket signed pursuant to subparagraph (1) of this by the producer and submit to the co­ (a) The uniform price for producer paragraph, and (ii) any payments to the operative association written information milk at a pool plant shall be reduced as producer-settlement fund of another or­ which shows for each such member- follows: der under which such plant is also a producer (i) the total pounds of milk (1) Except as provided in paragraph partially regulated distributing plant. received from him during the preceding (b) of this section, according to the lo­ (b) An amount computed as follows: month, (ii) the total pounds of butterfat cation of the pool plant at the rate set (1) Determine the respective amounts contained in such milk, (iii) the number forth in § 1036.55; and of skim milk and butterfat disposed of of days on which milk was received, and (2) At a pool plant at which the as Class I milk on routes in the market­ (iv) the amounts withheld by the handler Wheeling-Erie, Youngstown, or Cleve­ ing area; in payment for supplies sold. The fore­ land district Class I price is applicable, (2) Deduct the respective amounts of going payment and submission of infor­ the amount computed pursuant to sub- skim milk and butterfat received as Class mation shall be made with respect to milk paragraph (1) of this paragraph shall I milk at the partially regulated dis­ of each producer whom the cooperative be further reduced 5 cents, 13 cents, or tributing plant from pool plants and association certifies is a member, which 25 cents respectively. other order plants, except that deducted is received on and after the first day of (b) For the purpose of this section, under a similar provision of another the calendar month next following re­ the location of the reload point (instead order issued pursuant to the Act; ceipt of such certification through the of the location of the pool plant) shall (3) Combine the amounts of skim last day of the month next preceding be used in determining the location ad­ milk and butterfat remaining into one receipt of notice from the cooperative justment on producer milk received at a total and determine the weighted aver­ association of a termination of member­ pool plant from a reload point. age butterfat content; and ship or until the original request is re­ (c) For the purpose of computations (4) Prom the value of such milk at the _ scinded in writing by the association; pursuant to § 1036.84(b), adjustments Class I price applicable at the location of (2) A copy of each such request, prom­pursuant to this section shall be com­ the nonpool plant, subtract its value at ise to reimburse and certified list of mem­ puted according to the location of the the uniform price applicable at such lo­ bers shall be filed simultaneously with nonpool plant from which other source cation or the Class II price, whichever is the market administrator by the asso­ milk was received. greater. ciation and shall be subject to verification Payments at his discretion, through audit of the § 1036.82 Butterfat differential. § 1036.80 Time and method of payment. records of the cooperative association In making payments pursuant to para­ (a) Except as provided by paragraph pertaining thereto. Exceptions, if any, graphs (a) and (b) of § 1036.80 there (b) of this section, on or before the 15th to the accuracy of such certification by shall be added to or subtracted from the day of each month, each handler (except a producer claimed to be a member, or uniform price per hundredweight, for a cooperative association) shall pay each by a handler shall be made by written each one-tenth of 1 percent of such but­ producer for milk received from him dur­ notice to the market administrator, and terfat content in milk above or below 3.5 ing the preceding month, not less than an shall be subject to his determination; percent, as the case may be, a butterfat pnount of money computed by multiply­ (c) Upon written request filed with differential equal to the average of the ing the total pounds of such milk by the him on or before the 15th day of the butterfat differentials determined pursu­ applicable uniform price pursuant to month by a producer, or by a cooperative ant to paragraphs (a), (b), and (c) of § 1036.71 adjusted by the butterfat and association which collects payments pur­ § 1036.54 weighted by the pounds of lo c a t io n differentials pursuant to suant to paragraph (b) of this section, butterfat in producer milk in Classes I §§ 1036.81 and 1036.82, and less any each handler shall make advance pay­ and n respectively, with the result proper deductions authorized by the ment as follows: rounded to the nearest tenth of a cent. producer, including advance payments (1) On or .before the last day of the § 1036.83 Producer-settlement fund. made pursuant to paragraph (c) of this month, to each such producer who has section: Provided, That if by such date not discontinued delivery of milk to such The market administrator shall estab­ such handler has not received full pay- handler, an amount not less than the lish and maintain a separate fund known f°r such month pursuant to value of milk received from such pro­ as the “producer-settlement fund”, into § 1036.85 he may reduce such payments ducer during the first 15 days of such which he shall deposit all payments made uniformly per hundredweight for all month computed at the Class II price pursuant to §§ 1036.75 and 1036.84 and P incers, by an amount not in excess for 3.5 percent milk for the preceding out of which he shall make all payments oi the per hundredweight reduction, in month, without deduction for hauling; pursuant to § 1036.85.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3164 PROPOSED RULE MAKING

§ 1036.84 Payments to the producer- the 14th day after the end of each address, and it shall contain but need settlement fund. month; and, on or before the 16th day not be limited to, the following infor­ On or before the 14th day after the after the end of such month, shall pay mation : end of the month each handler shall pay such deductions to the market adminis­ (1) The amount of the obligation; to the market administrator the amount, trator. Such monies shall be expended (2) The month(s) during which the if any, by which the total amounts speci­ by the market administrator to verify milk with respect to which the obligation fied in paragraph (a) of this section ex­ weights, samples and tests of the milk exists, was received or handled; and ceed the amounts specified in paragraph of such producers and to provide such (3) If the obligation is payable to one (b) of this section: producers with market information; such or more producers or to an association of (a) The total of the net pool obliga­ services to be performed in whole or in producers; the name of such producer(s) tion computed pursuant to § 1036.70 for part by the market administrator, or by or association of producers, or if the such handler; and an agent engaged by and responsible to obligation is payable to the market ad­ (b) The sum of: him; ministrator, the account for which it is (1) The value of such handler’s pro­ (b) In the case of producers whose to be paid. ducer milk at the applicable uniform milk is received at a plant, not operated (b) If a handler fails or refuses with prices specified in § 1036.80; and by a cooperative association of which respect to any obligation under this part, (2) The value at the uniform price(s) such producers are members, and for to make available to the market adminis­ applicable at the location of the plant (s), whom a cooperative association' is ac­ trator or his representatives all books from which received (not to be less than tually performing the services described and records required by this part to be the value at the Class II price) with re­ in paragraph (a) of this section, as de­ made available, the market administra­ spect to other source milk for which a termined by the market administrator, tor may, within the 2-year period pro­ v a lu e is computed pursuant to each handler shall make, in lieu of the vided for in paragraph (a) of this sec­ § 1036.70(e). deductions specified in paragraph (a) of tion, notify the handler in writing of this section such deductions from pay­ such failure or refusal. If the market § 1036.85 Payments out of the producer- ments required pursuant to paragraphs administrator so notifies a handler, the settlement fund. (a) and (b) of § 1036.80 as may be au­ said 2-year period with respect to such On or before the 15th day after the end thorized by such producers, and pay such obligation shall not begin to run until of each month the market administrator deductions on or before the 16th day the first day of the calendar month fol­ shall pay to each handler the amount, if after the end of each month to the co­ lowing the months during which all such any, by which the amount computed pur­ operative association rendering such books and records pertaining to such suant to § 1036.84(b) exceeds the amount services and of which such producers are obligation are made available to the mar­ computed pursuant to § 1036.84(a) less members. ket administrator or his representatives; any unpaid obligations of such handler § 1036.88 Adjustment of accounts. (c) Notwithstanding the provisions of to the market administrator pursuant paragraphs (a) and (b) of this section, to § 1036.84, § 1036.86, § 1036.87, or (a) Payments. Whenever audit by a handler’s obligation under this part to § 1036.88: Provided, That if the balance the market administrator of any han­ pay money shall not be terminated with in the producer-settlement fund is in­ dler’s reports, books, records, or accounts respect to any transaction involving sufficient to make all payments to all discloses adjustments to be made, for fraud or willful concealment of a fact, such handlers pursuant to this paragraph any reason, which result in monies due material to the obligation, on the part of the market administrator shall reduce (1) the market administrator from such the handler against whom the obligation uniformly such payments and shall com­ handler, (2) such handler from the mar­ is sought to be imposed ; plete such payments as soon as the neces­ ket administrator, or (3) any producer (d) Any obligation on the part of the sary funds become available. or cooperative association from such market administrator to pay a handler handler, the market administrator shall § 1036.86 Expense of administration. any money which such handler claims to promptly notify such handler of any such be due him under the terms of this part As his pro rata share of the expense amount due, and payment thereof shall shall terminate 2 years after the end of of administration of the order, each han­ be made on or before the next date for the calendar month during which the dler shall pay to the market administra­ making payment set forth in the provi­ milk involved in the claim was received tor on or before the 16th day after the sion under which such error occurred, if an underpayment is claimed, or 2 years end of the month three cents per hun­ following the 5th day after such notice. after the end of the calendar month dur­ dredweight or such lesser amount as the (b) Overdue accounts. Any unpaid Secretary may prescribe, with respect (a) obligation of a handler or of the market ing which the . payment (including de­ to producer milk and such handler’s own administrator pursuant to § 1036.84, duction or set-off by the market admin­ production, (b) other source milk allo­ § 1036.85, § 1036.86, § 1036.87, or para­ istrator) was made by the handler if a cated to Class I pursuant to § 1036.46(c) graph (a) of this section shall be in­ refund on such payment is claimed, un­ and (g) and the corresponding steps of creased one-half of 1 percent on the first less such handler, within the applicable § 1036.47 and (c) Class I milk disposed day of the calendar month next follow­ period of time, files, pursuant to section of on routes in the marketing area from ing the due date of such obligation and, 8c (15) (A) of the Act, a petition claiming partially regulated distributing plants, on the first day of each calendar month such money. except one exempt pursuant to § 1036.91, thereafter until such obligation is paid. Application op P rovisions that exceeds the hundredweight of Class I milk received during the month at such § 1036.89 Termination of obligations. § 1036.90 Milk subject to other Federal plant from pool plants and other order The provisions of this section shall orders. plants. apply to any obligation under this part Milk received at the plant of a handler for the payment of money. at which the handling of milk is fully § 1036.87 Marketing services. (a) The obligation of any handler to subject during the month to the pricing (a) Except as set forth in paragraph pay money required to be paid under the and payment provisions of another mar­ (b) of this section, each handler in mak­ terms of this part shall, except as pro­ keting agreement or order issued pursu­ ing payments to producers pursuant to vided in paragraphs (b) and (c) of this ant to the Act and from which the dispo­ paragraphs (a) and (b) of § 1036.80, with section, terminate 2 years after the last sition of Class I milk in the other Fed­ respect to all milk received from each day of the calendar month during which eral marketing area exceeds that in the producer (except milk of such handler’s the market administrator receives the Northeastern Ohio and Western Penn­ own production) at a plant, not operated handler’s utilization report on the milk sylvania marketing area shall be ex­ by a cooperative association of which involved in such obligation, unless within empted for such month from all provi­ such producer is a member, shall deduct such 2-year period the market adminis­ sions of this part except §§ 1036.31, five cents per hundredweight, or such trator notifies the handler in writing 1036.32, 1036.33, and 1036.34 unless the lesser amount as the Secretary may from that such money is due and payable. Secretary determines that the applicable time to time prescribe, to be announced Service of such notice shall be complete order should more appropriately be de­ by the market administrator on or before upon mailing to the handler’s last known termined on some other basis.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3165

§ 1036.91 Handler exemption. the United States to act as his agent or “Payments to the producer-settlement representative in connection with any of fund”, and § 1036.85 “Payments out of A handler who operates a plant de­ the provisions of this part. the producer-settlement fund”, to pro­ scribed in § 1036.8(a) or § 1036.9 located vide for payment by the handlers to the outside the marketing area from which § 1036.111 Separability of provisions. Market Administrator of their payments an average of less than 300 points (one If any provision of this part or its ap­ due under the order, and for the payment point being defined as one-half pint of plication to any person or circumstances, by the Market Administrator to produc­ cream or 1 quart of any other fluid milk is held invalid, the application of such ers, or to qualified cooperative associa­ product) of class I milk per day is dis­ provision, and of the remaining provi­ tions of producers, the price or prices posed of during the month on a route (s) sions of this part, to other persons determined to be due under the terms operated wholly or partly within the or circumstances shall not be affected and provisions of the order. marketing area shall be exempted for thereby. Appropriate language to provide the such month from all provisions of this Proposed by Akron Milk Producers, above would be as follows: part except §§ 1036.31, 1036.32, 1036.33 Inc.: and 1036.34. Proposal No. 2. A m e n d § 1036.5 § 1036.80 Payments to producers. § 1036.92 Producer-handler. “Northeastern Ohio-Western Pennsyl­ (a) On or before the last day of each vania marketing area” to add to the month, the market administrator shall A producer-handler shall be exempt present marketing area all of the terri­ make payment to each producer for milk from all provisions of this subpart ex­ tory in the counties of Carroll, Colum­ received from such producer during the cept §§ 1036.31, 1036.33, and 1036.34. biana, Tuscarawas, Portage, Medina, first 15 days of such month by handlers Effective Tim e , S uspension or Wayne, Ashtabula, and Geauga, all in from which the appropriate payments T ermination the State of Ohio. have been received pursuant to § 1036.84 Proposal No. 3. Amend § 1036.8 “Pool (a) at not less than the Class II price § 1036.100 Effective time. plants” by deleting paragraph (d) of this per hundredweight for the preceding The provisions of this part or of any definition. month. amendment to this part, shall become Proposal No. 4. Amend § 1036.10 (b) On or before the 15th day after the effective at such time as the Secretary “Producer milk” by changing the figure end of each month, the market admin­ may declare and shall continue in force “6” in paragraph (c) to “15”. istrator shall make payment to each until suspended or terminated. Proposal No. 5. Amend § 1036.18 “Re­ producer for milk received from such § 1036.101 Suspension or termination. load points” by deleting this definition in producer during the month by handlers its entirety. from which the appropriate payments The Secretary, shall, whenever he Proposal No. 6. Amend § 1036.30 “Re­ have been received pursuant to § 1036.84 finds that this part, or any provisions of ports of receipts and utilization” by add­ (b) , such payments by the market ad­ this part, obstructs or does not tend to ing new paragraphs (d) and (e) reading ministrator to be at not less than the effectuate the declared policy of the Act, as follows: uniform price computed pursuant to terminate or suspend the operation of (d) His producer payroll, which shall § 1036.71, subject to the following adjust­ this part or any such provision of this show for each producer: (1) The total ments: (1) Butterfat and location dif­ part. pounds of milk with the average butter- ferentials pursuant to § 1036.54, (2) less § 1036.102 Continuing obligations. fat test thereof, (2) the amount of the payments made pursuant to paragraph If, upon the suspension or termination advance payment to such producer made (a) of this section, (3) less marketing of any or all provisions of this part, pursuant to § 1036.80(a) and the nature service deductions pursuant to § 1036.87, there are any obligations under this part and amount of deductions and charges (4) less proper deductions authorized in made by the handler; and writing by the producer, and (5) ad­ the final accrual or ascertainment of (e) The name and address of each new which requires further acts by any per­ justed for any error in calculating pay­ producer. ment to such individual producer for son (including the market administra­ Proposal No. 7. Amend § 1036.51 tor), such further acts shall be per­ past months: Provided, That if the mar­ “Class I milk price” to provide for a Class ket administrator has not received full formed notwithstanding such suspension I price uniform throughout the entire or termination. payment from any handler for such marketing area, computed on the basis of month, pursuant to § 1036.84, he shall re­ § 1036.103 Liquidation. the basic formula price for the preceding duce uniformly per hundredweight his Upon the suspension or termination of month plus $1.80 during all months of payments to producers for milk received the provisions of this part, except this the year, subject only to the supply-de­ by such handler by a total amount not section, the market administrator, or mand adjustment contained in the pro­ in excess of the amount due from such such other liquidating agent as the Sec­ posed amended order. handler: And provided further, That the retary may designate, shall, if so directed Proposal No. 8. Amend § 1036.52 market administrator shall make such by the Secretary, liquidate the business “Class II milk price” to provide for the balance of payment to producers on or of the market administrator’s office, dis­ computation of the Class II price in ac­ before the next date for making pay­ pose of all property in his possession, or cordance with the Minnesota-Wisconsin ments pursuant to this paragraph fol­ control, including accounts receivable, Series contained in the basic formula lowing that on which such balance of and execute and deliver all assignments price at § 1036.50, or the butter powder payment is received from such handler. or other instruments necessary or ap­ formula contained in § 1036.52 (a) and (c) In making payments to producers propriate to effectuate any such disposi­ (b), whichever is higher, during all pursuant to paragraphs (a) and (b) of tion. If a liquidating agent is so des­ months of the year. this section, the market administrator ignated all assets, books, and records of Proposal No. 9. Amend § 1036.55 “Lo­ shall pay, on or before the second day the market administrator shall be trans­ cation adjustments to handlers” by de­ prior to the date payments are due to ferred promptly to such liquidating leting paragraph (b) providing for -the individual producers, to a cooperative as­ agent. If, upon such liquidation, the computation of location adjustments sociation which is authorized to collect funds on hand exceed the amounts re­ from a reload point, and by amending payment for milk of its members and quired to pay outstanding obligations of paragraph (a) by changing the amount from which, a written request for such the office of the market administrator of the reduction for each ten miles or payments has been received, a total and to pay necessary expenses of liquida­ fraction thereof^ in excess of sixty miles amount equal to the sum of the individ­ tion and distribution, such excess shall from 1 cent to 1.5 cents. ual payments otherwise payable to such be distributed to contributing handlers Proposal No. 10. Amend § 1036.81 producers pursuant to this section. and producers in an equitable manner. “Location differential to producers” to conform to the above proposed amend­ § 1036.83 Producer-settlement fund. Miscellaneous P rovisions ment to § 1036.55. The market administrator shall main­ § 1036.110 Agents. Proposal No. 11. Amend § 1036.80 tain a producer-settlement fund into The Secretary may, by designation in “Time and method of payment”, § 1036.- which he shall deposit the appropriate writing, name any officer or employee of 83 “Producer-settlement fund”, § 1036.84 payments made by handlers pursuant to

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3166 PROPOSED RULE MAKING

§§ 1036.84, 1036.88, and 1036.75, and out formed for participation in the activities Proposal No. 15. of which he shall make appropriate pay­ under the regulatory order and, as a part ments required pursuant to §§ 1036.80 of such program, issuing publications § 1036.16 Bulk tank units. ' and 1Ò36.88. that contain relevant data and informa­ Provide that any handler receiving § 1036.84 Payments to market adminis­ tion about the order and its operation, milk from farmers in a tank truck shall trator. and the distribution of such publications establish such farmers in one or more to members, and, on the same subscrip­ bulk tank units each consisting of one or (a) On or before the 25th day of each tion basis, to nonmembers who request more farmers. The milk of any farm month, each handler receiving milk from it, and holding meetings at which mem­ patron of such handler shall be desig­ producers or from a handler pursuant to bers and nonmembers may attend; and nated, as provided hereafter, as a mem­ § 1036.8 (c) or (d) shall pay to the mar­ (6) the operation of cooperative market­ ber of either a “pool bulk tank unit” or a ket administrator for deposit into the ing facilities (pool plants) at which is nonpool bulk tank unit. Such desig­ Producer-Settlement Fund an amount received at least 25 percent of the milk nated units shall form the basis for pool of money calculated by multiplying the marketed by all members of the coopera­ accounting and pricing and milk of any hundredweight of producer milk received tive. farm included in a pool bulk tank unit by him during the first 15 days of such shall be considered for pricing purposes month by the Class II price for the pre­ No te: Notice is hereby given that proper implementation of this proposed new section as having been received by the handler ceding month; will require definitions of a qualified coopera­ at the nearest point in the township in (b) On or before the 12th day after the tive, requirements for maintaining qualifi­ which the farm is located to the basing end of each month, each handler shall cation as a cooperative, the rates, compu­ point in the city of Pittsburgh. pay to the market administrator for de­ tation, time and method of payment to the Proposal No. 16. §§ 1036.40 and 1036.- posit into the producer-settlement fund cooperative for such marketwide services, 41: Adopt the same provisions as set an amount of money equal to such han­ together with the necessary procedural forth in §§ 1036.40 and 1036.41 in Pro­ dler’s net obligation for such month as safeguards. posal No. 1. determined pursuant to § 1036.70 less: Proposed by Eastern Milk Producers Proposal No. 17. Eliminate § 1036.50. (1) Payments made pursuant to para­ Cooperative Association, Inc.: Proposal No. 18. § 1036.51(a) (Class graph (a) of this section for such month; Proposal No. 13. I price.): The basic Class I price should (2) An amount of money computed by § 1036.5 Marketing area. be the average Northeastern Ohio order multiplying the quantities of receipts of Class I price (before supply-demand ad­ other source milk for which a value is “Northeastern Ohio-Western Pennsyl­ justment) for the year 1966 plus 25 cents computed pursuant to § 1036.70(e) by the vania marketing area,” hereinafter called adjusted by the following factors: weighted average price computed pur­ the “marketing area,” means all the ter­ 1. Adjust the index of “Prices paid by suant to § 1036.71 adjusted by the pro­ ritory within the following designated farmers for commodities and services, ducer butterfat differential pursuant to districts, including territory within such Interest, Taxes, and Wage Rates” as § 1036.82 and the location differential on districts occupied by government (muni­ published in “Agricultural Prices” for noppool milk pursuant to § 1036.82; and cipal, State or Federal) reservations, the previous month to the base 1966=100, (c) Proper deductions authorized in installations, institutions or other similar 2. Adjust the “Consumer Price Index, writing by producers from whom such establishments, together with all piers, United States City Average, All Items, handler received milk. docks and wharves connected therewith: Seasonally Adjusted” as published in Proposal No. 12. Add a new section (a) The present marketing area of the “The Consumer Price Index” for the to the proposed order to provide for Northeastern Ohio order and Great Lot third previous month to “the base 1966 payment by the market administrator to 35 in Smith Township, Mahoning County, = 100, qualified cooperative associations for Ohio. 3. Multiply the basic price by the aver­ marketwide services actually rendered (b) The present marketing area of the age of the indices under (1) and (2) by such cooperative associations, as fol­ Youngstown-Warren order. above, lows: (c) The present marketing area of the 4. Adjust the price computed pursuant (1) Analyzing milk marketing prob­ Wheeling order. to (3) above by adding $0.20 per hundred­ lems and their solutions, conducting mar­ (d) All territory within the boundaries weight for the month of August through ket research and maintaining current of Allegheny, Armstrong, Beaver, Butler, March and subtracting $0.20 for the information as to all market develop­ Fayette, Greene, Lawrence, Mercer, Ve­ month of April through July. ments, preparing, and assembling statis­ nango and Washington Counties; the Proposal No. 19. § 1036.51(b) (Class I tical data relative to prices and market­ townships of Ashland, Beaver, Licking, price): For a period of 12 months fol­ ing conditions, and making an economic Madison, Perry, Piney, Richland, Salem, lowing the effective date of the order, analysis of all such data; (2) determin­ and Toby in Clarion County; all the ter­ no supply-demand differential shall be ing the need for the formulation of ritory of Crawford County except Ve­ effective. amendments to the order and proposing nango Township and the boroughs of Proposal No. 20. such amendments or requesting other Cambridge Springs and Venango; all of § 1036.52 Class II milk price. appropriate action by the Secretary or Westmoreland County except the the market administrator in the light of Boroughs of Bolivar, Donegal, Ligonier, The minimum price per hundred­ changing conditions; (3) participating New Florence and Seward and the town­ weight to be paid by each handler, f.o.b. in proceedings with respect to amend­ ships of Cook, Donegal, Fairfield, Lig­ his plant, for producer milk of 3.5 per­ ments to the order, including the prepa­ onier, and St. Clair, all in the State of cent butterfat content received from ration and presentation of evidence at Pennsylvania. producers or from a cooperative associa­ public hearings, the submission of ap­ tion during the month, which is classified (e) All territory within the boundaries as Class II utilization, shall be the higher propriate briefs and exceptions, and also of Erie County and the Boroughs of Cam­ participating, by voting or otherwise, in of the prices computed pursuant to para­ bridge Springs and Venango and the graph (a) or (b) of this section. the referenda relative to amendments; township of Venango in Crawford Coun­ (4) participating in the meetings called (a) The average. price per hundred­ ty, all in the State of Pennsylvania. weight for manufacturing grade milk by the market administrator, such as Proposal No. 14. meetings with respect to rules and regu­ f.o.b. plants in Wisconsin and Minnesota, lations issued under the order, including § 1036.12 Fluid milk product. as reported by the U.S. Department of activities such as the preparation and Agriculture for the month. Such price presentation of data at such meetings “Fluid milk product” means milk, shall be adjusted to a 3.5 percent butter­ and briefs for submission thereafter; (5) skim milk, buttermilk, flavored milk, milk- fat basis by a butterfat differential conducting a comprehensive education drinks (plain or flavored), concentrated rounded to the nearest one-tenth cent program among producers—i.e., mem­ computed at 0.12 times the simple aver­ milk, reconstituted milk or skim milk and age -of the daily wholesale selling prices bers and nonmembers of cooperatives— cream (except eggnog, ice cream mix and (using the midpoint of any price range and keeping such producers well in­ aerated cream). as one price) of Grade A (92-score)

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3167 bulk creamery butter per pound at Chi­ (c) The differential rates applicable of said townships), all in the Common­ cago, as reported by the U.S. Department at plants shall be set forth in a schedule wealth of Pennsylvania. of Agriculture for the month. The price by mileage zones computed as follows: Proposed by Sealtest Foods, Division shall be rounded to the nearest full cent. [Cents per hundredweight] of National Dairy Products Corp. (b) The butter-powder formula price Proposal No. 28. Include in the mar­ keting area of the Northeastern Ohio- shall be the sum of * A B C (1) The average of the daily whole­ Western Pennsylvania order the mar­ sale selling prices per pound (using the Freight zone miles Class I Class II keting area presently defined in the midpoint of any price range as one price) Northeastern Ohio order at § 1036.5; the 21-30...... — ...... - ...... —12.4 -1 marketing area presently defined in the of Grade A (92-score) bulk creamery For each additional 10 miles—. -1.2 butter for the month as reported by the For each additional 25 miles—. -1 Greater Youngstown-Warren order at Department of Agriculture for the Chi­ § 1048.6; the marketing area presently cago market, subtract 3 cents, add 20 per­ defined in the Greater Wheeling, W. Va., (d) The differential rate applicable toorder at § 1008.5; and all territory within cent of the resulting amount and then each pool unit or partial pool unit shall multiply by 3.5; and the boundaries of Allegheny, Armstrong, be computed each month as follows: Beaver, Butler, Crawford, Erie, Fayette, (2) Prom the weighted average of the multiply the volume of pool milk received carlot prices per pound of spray process Greene, Lawrence, Mercer, Venango, and from farms in each zone by the rate for Washington Counties; Westmoreland nonfat dry milk solids for human con­ that zone as set forth in the schedule in sumption, f.o.b. manufacturing plants in County (except Cook, Donegal, Fairfield, paragraph (c) of this section, add the Ligonier, and St. Clair townships); and the Chicago area, as published for the resulting values for all zones or the unit, period from the 26th day of the imme­ the townships of Ashland, Beaver, Lack­ divide such sum by the total volume of ing, Madison, Perry, Piney, Richland, diately preceding month through the milk received by the unit and round to 25th day of the current month by the Salem, and Toby in Clarion County, all the nearest 0.1 cent. Rates shall be in the State of Pennsylvania. Department of Agriculture, deduct 5.5 computed separately for Columns B and cents, multiply by 8.5 and then multiply Proposal No. 29. Provide in the order C of such schedule. the definition of Pool Plant as follows: by 0.965. Proposal No. 23. Proposal No. 21. § 10 3 6 .8 P ool plant. § 1036.81 Location differentials to pro­ § 1036.54 Butterfat differentials to han­ “Pool plant” means any milk plant dlers. ducers. specified in paragraph (a), (b), (c), or If the average butterfat content of the The uniform price shall be subject-to (d) of this section approved by the ap­ milk of any handler allocated to any the appropriate transportation shown in propriate health authority in the mar­ class is more or less than 3.5 percent, Column (b) of the schedule in § 1036.55 keting area, other than the plant of a there shall be added to the prices of milk (c) for the zone of the plant to which producer-handler or a plant for which for each class as computed pursuant to milk is delivered or in the case of farms the handler is exempt pursuant to §§ 1036.51 and 1036.52 for each one-tenth included in units the zone of the town­ §§ 1036.90 and 1036.91. of 1 percent that the average butterfat ship in which the milk is received. (a) A plant at which milk is packaged content of such milk is above 3.5 percent, Proposed by Country Belle Cooperative and from which (1) fluid milk products or subtracted for each one-tenth of 1 Farmers: classified as Class I milk are distributed percent that such average butterfat con­ Proposal No. 24. It is proposed that on a route in the marketing area; and tent is below 3.5 percent, an amount equal a Federal milk marketing order incor­ (2) total disposition of such fluid milk to the average daily wholesale price per porating an individual-handler pool ar­ products on routes is 50 percent or more pound of Grade A (92-score) bulk rangement be adopted covering the of total receipts during the month of creamery butter per pound at Chicago Western Pennsylvania milk marketing milk approved for fluid use by a duly as reported by the Department of Agri­ area, which includes all the territory authorized health authority from dairy culture during the month, multiplied within the boundaries of the area de­ farmers, and from other plants, except by .12. scribed in § 1036.5(d) set forth in Pro­ that during each of the months of April Proposal No. 22. posal No. 13. through July the percentage require­ Proposal No. 25. It is proposed that ments of this paragraph shall be 40 per­ § 1036.55 Transportation differentials. § 1036.51(c) (1), (2), and (3)—“supply- cent if such plant qualified during each Transportation differentials applicable demand adjustment”—be deleted in its of the preceding months of August to the prices charged handlers for Class entirety. through March. I and Class II milk shall be established Proposal No. 26. It is proposed that (b) A plant from which there has by the market administrator in accord­ all provisions dealing with seasonal pric­ been delivered to pool plant(s) described ance with paragraphs (a) through (d) of ing be deleted from the order and that in paragraph (a) of this section, either this section. the proposed pricing provisions for the during the current month or during any (a) The market administrator shall months of August through March apply period of consecutive months ending determine a freight zone for each pool for the entire year. with the current month, 30 percent or plant which shall .be the shortest high­ Proposed by R. Bruce Fike & Sons more of its total dairy farm supply of way mileage of the plant from the city Dairy, Inc., Harmony Dairy _Co., Menzie milk; center of' Pittsburgh as determined from Dairy Co., and Schneider’s Dairy, Inc.: (c) A plant which was a pool plant Mileage Guide No. 8, issued on Novem­ Proposal No. 27. Include in the pro­ during each month of the preceding ber 1,1966, by the Household Goods Car­ posed Northeastern Ohio-Western Penn­ period of August through January and riers Bureau Agent, Washington, D.C. sylvania marketing area Greene, Mercer, during that period delivered to pool AH plants located within 20 miles of the Venango, and Westmoreland Counties plant(s) described in paragraph (a) of city center of Pittsburgh shall be in the and in Clarion County the townships of this section 10 percent or more of its 1- to 10-mile zone. Ashland, Beaver, Licking, Madison, monthly total dairy farm supply of milk (b) The market administrator shall de­ Perry, Piney, Richland, Salem, and Toby during each such month, and 30 percent termine and publicly announce a freight (including all municipalities and bor­ or more of its total dairy farm supply zone for each minor civil division (town­ oughs within the borders of said town­ during the entire August-January pe­ ship, borough, incorporated village or ships) and in Crawford - County the riod, shall, unless written notice of city) in which farms included in a pool townships of Beaver, Conneaut, Pine, withdrawal is received by the market bulk tank unit are located by computing North Shenango, South Shenango, administrator before the first day of the the shortest highway mileage distance Spring, Summerhill, Summit, Sadsbury, month, be a pool plant as follows: from the nearest point in the minor civil East Fallowfield, Cussewago, Hayfield, (1) During the months of February division to the city center of Pittsburgh Vernon, Greenwood, Venango, Wood- through July regardless of shipments; using the mileage guide specified in para­ cook, West Mead, East Fairfield, Fair- and graph (a) of this section and supple­ field, East Mead (including all munici­ (2) During each successive month of mented by U.S. Geological Survey maps. palities and boroughs within the borders August through January in which it~de-

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36-----6 3168 PROPOSED RULE MAKING

livers 10 percent or more of its total dairy percent total milk solids; ice cream mix Amount of farm supply to pool plant(s) described and other frozen dessert mixes, aerated supply-demand in paragraph (a) of this section. cream products, frozen cream, cultured Deviation percentage: adjustment (cents) (d) A plant located less than 40 miles sour mixtures (disposed of as other than + 13 or over____ ------—25 from the city hall in Akron, the city sour cream and not disposed Of under a + 10 or +11____ ------19 hall in Ashtabula, the city hall in Can­ Grade A label), pancake mixes and + 7 or + 8 —____ ------13 ton, the public square in Cleveland, the + 4 or + 5 ______------_7 evaporated or sweetened condensed milk + 2 to —2______city hall in Warren, the city hall in or skim milk in either plain or sweetened ...... 0 —4 or —5______------+7 Youngstown, all cities in Ohio, the city form. —7 or —8______hall in Erie, the city hall in Pittsburgh, ——- ...... +13 Proposal No. 33. Amend § 1036.51 — 10 or —11____ -.------+19 the city hall in Uniontown, all cities in “Class I milk price” to read as follows: — 13 or below___ Pennsylvania, or the city hall in Wheel­ ...... - +25 ing, W. Va., operated by a cooperative § 1036.51 Class I milk price. When the deviation percentage does not association, or associations, if one-half Subject to the provisions of §§ 1036.54 fall within the tabulated brackets, the or more of the milk (exclusive of that and 1036.55, the Class I milk price per adjustment shall be determined by the received at pool plants described in para­ hundredweight for the first 18 months adjacent bracket which is the same as or graphs (b) and (c) of this section) de­ from the effective date of this section nearest to the bracket used in the pre­ livered during the immediately preceding shall be the basic formula price for the vious month. The supply-demand ad­ 6-month period by producers who are preceding month adjusted as follows: justment shall not exceed 6 cents from members of such association (s) was re­ (a) At a plant in one of the following the preceding month. ceived at the pool plants of other districts, add the applicable Class I Proposal No. 34. Amend § 1036.71 handlers; differential: “Computation of uniform price” to read (e) All pool plants described in para­ as follows: Pittsburgh and Wheeling-Erie______$2.05 graph (b) or (c) of this section, respec­ Youngstown and Cleveland______1.85 § 1036.71 Computation of uniform tively, operated by a handler may be price. considered as one plant for the purpose (b) At a plant outside the marketing For each month the Market Adminis­ of meeting the percentage requirement area, add the Class I differential pursu­ trator shall compute the uniform price of such paragraphs if the handler ant to paragraph (a) of this section per hundredweight for milk of 3.5 per­ submits a written request to the mar­ which is applicable at the location of the cent butterfat content received from ket administrator prior to the delivery city hall of the following cities that is producers as follows: period for which such consideration is nearest such plant: (a) Combine into one total the values requested. Oh io computed pursuant to § 1036.70 for all Proposal No. 30. Provide in the order Akron. Cleveland. handlers who filed the reports prescribed the definition of Reload Point as follows: Ashtabul^ Youngstown. by § 1036.30 for the month and who’made § 1036.18 Reload point. /, Canton. Warren. the payments pursuant to §§ 1036.80 and P ennsylvania > 1036.84 for the preceding month; “Reload point” means a location at Erie. * . Uniontown. (b) Add an amount equal to the total which facilities approved by a duly con­ value of the location differentials com­ stituted health authority, only for the Pittsburgh. W est Virginia puted pursuant to § 1036.81; transfer of milk from one tank truck to Wheeling. (c) Add any amount paid into the another and for the washing of tank producer-settlement fund and subtract trucks and at which milk moved from (c) Add or subtract a “supply-demand any amount paid out of the producer-set­ the farm in a tank truck is commingled adjustment” computed as follows: tlement fund pursuant to § 1036.88(a); in a tank truck with milk from other (1) Divide the total quantity of pro­ (d) Subtract, if the average butterfat tank trucks before entering a milk plant: ducer milk during the second and third content of the milk specified in para­ Provided, That reloading facilities on months preceding by the gross quantity graph (f) of this section is more than the premises of a plant having equipment of milk utilized as Class I (adjusted to 3.5 percent or add, if such butterfat con­ for the receiving, cooling, storing and eliminate duplications due to interhan­ tent is less than 3.5 percent, an amount processing of milk, which equipment is dler transfers) at pool plants in the same computed by multiplying the amount by in current use during the month, shall 2 months, multiply the result by 100, and which the average butterfat content of be considered a supply plant rather than round to the nearest whole number. such milk varies from 3.5 percent by the a reload point. The result shall be known as the “current butterfat differential computed pursuant Proposed by The Borden Co.: utilization percentage.” to § 1036.82 and multiplying the result Proposal No. 31. Add Tuscarawas (2) Compute a “deviation percentage” by the total hundredweight of such milk; County, Ohio, to the area described in by subtracting from the current utiliza­ (e) Add an amount equal to not less § 1036.5(a) in Proposal No. 1. tion percentage as computed in subpara­ than one-half of the unobligated balance Proposal No. 32. Amend § 1036.12 graph (1) of this paragraph, the “stand­ in the producer-settlement fund; “Fluid milk products” to read as follows: ard utilization percentage” shown below: (f) Divide the resulting amount by the sum of the following for all handlers § 1036.12 Fluid milk product. Standard Month for which the price utilization included in these computations: “Fluid milk products” means milk, (1) The total hundredweight of pro­ skim milk, flavored or cultured milk or is being computed: percentage January ------130 ducer milk; and skim milk, buttermilk; concentrated February______129 (2) The total hundredweight for milk, not in hermetically sealed cans; March ______129 which a value is computed pursuant to sweet or sour cream, and any mixture of April ------130 § 1036.70(e); and fluid cream and milk or skim milk. Cul­ May _____------■___ i3i (g) Subtract not less than 4 cents nor tured sour mixtures disposed of as other J u n e------132 more than 5 cents per hundredweight. than^our cream and yogurt shall be con­ July *------i4i The result shall be the “weighted average sidered as fluid milk products only if August ------149 price” and except for the months speci­ disposed of under a Grade A label. The September ______.______142 October______I ______128 fied below, shall be the “uniform price” terms' include these products in fluid, November______126 for milk received from producers; frozen (except cream), fortified or re­ December______128 (h) For the months specified in para­ constituted form, but does not include graphs (i) and (j) of this section, sub­ sterilized products in hermetically sealed (3) Determine the amount of thetract from the amount resulting from containers, and such products as egg supply-demand adjustment from the fol­ the computations pursuant to para­ nog; milk shake mix, containing over 15 lowing schedule: graphs (a) through (d) of this section

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3169 an amount computed by multiplying the § 1036 .1 2 Fluid m ilk products. 112-A, Administration Building, U.S. De­ hundredweight of milk specified in para­ Fluid milk products means milk, skim partment of Agriculture, Washington, graph (f) (2) of this section by the milk, buttermilk, flavored milk and D.C. 20250 or may be there inspected. weighted average price; flavored milk drinks, unmodified or forti­ Signed at Washington, D.C., on Feb­ (i) Subtract for each of the months fied, concentrated milk not in hermeti­ ruary 17,1967. of April, May, June, and July an amount cally sealed cans, sweet cream and any computed by multiplying the total mixture of fluid cream and milk or skim Clarence H . Girard, hundredweight of milk received from milk.: Fluid milk products shall not in­ Deputy Administrator, producers during the month by the fol­ clude sterlized cream packaged in Regulatory Programs. lowing amounts: 20 cents in April, 25 hermetically sealed containers which is [F.R. Doc. 67-2047; Filed, Feb. 21, 1967; cents in May and June, and 20 cents in disposed of in same form as received, 8:48 a.m.] July; frozen cream, sour cream, aerated cream (j) Add for each of the months of products, egg nog,, milk shake mix con­ September, October, November, and taining over 15 percent total milk solids, December, 20, 30, 30, and 20 percent, ice cream mix and other frozen dessert DEPARTMENT OF HEALTH, EDU­ respectively, of the total amount sub­ mixes, evaporated or sweetened con­ tracted during the immediately preced­ densed milk or skim condensed milk. CATION, AND WELFARE ing April-July period pursuant to para­ Proposed by Johnstown Sanitary graph (i) of this section; 'Dairy Co.: Public Health Service (k) Divide the resulting sum by the Proposal No. 38. [ 42 CFR Part 77 1 total hundredweight of producer milk Pool plant means: (a) A distributing included in these computations; and plant: FACILITIES FOR AIR POLLUTION (l) Subtract not less than four cents From which during the month not less CONTROL nor more than five cents per hundred­ than 50 percent of total receipts of ap­ weight. The result shall be the “uniform proved milk from dairy farms, supply Certification for Investment Tax price” for milk received from producers. plants, and a cooperative association Credit Purposes Proposal No. 35. Amend § 1036.81 “Lo­ designated as a handler is distributed as Notice is hereby given that the Secre­ cation differentials to producers and on Class I milk on routes and from which tary of Health, Education, and Welfare nonpool milk” to read as follows: not less than 15 percent of such Class I proposes to amend Title 42, Code of Fed­ § 1036.81 Location differentials to pro­ distributions is in the marketing area on eral Regulations, by adding a new Part ducers and on nonpool milk. routes. 77, as set forth below, applicable to cer­ (a) The uniform price for producer Proposed by Hawthorn Mellody Dairy tifications of facilities for the control of milk at a pool plant shall be reduced as Farms and Brookfield Dairy, Inc., divi­ air pollution for which the investment follows: sion of Hawthorn Mellody Dairy Farms: tax credit is sought pursuant to section (1) Except as provided in paragraph Proposal No. 39. That the obligation 48(h) (12) of the Internal Revenue Code (b) of this section, according to the of any handler which is based on the dis­ of 1954, as amended by P.L. 89-800. location of the pool plant at the rate set tance from the various city halls be com­ The regulations will become effective forth in § 1036.55; and puted on the distance of the city halls or upon republication. (2) At a pool plant at which the public square, as the case may be, near­ Interested persons may submit written Youngstown and Cleveland district Class est to the plant regardless of what State data, views, or arguments in triplicate in I price is applicable, the amount com­ the city hall or public square is located, regard to the proposed regulations to the puted pursuant to subparagraph (1) of and regardless of what State the han­ Secretary of Health, Education, and this paragraph shall be further reduced dler’s plant or “re-load point” is located. Welfare, Attention: National Center for by 20 cents. Proposal No. 40. § 1036.8(e): All pool Air Pollution Control, Washington, D.C. (b) For the purpose of this section, plants described in paragraph (b) or (c) 20201. All relevant material received the locatiop of the reload point (instead of this section, respectively, operated by not later than 30 days after publication a handler may be considered as one plant of this notice will be considered. of the location of the pool plant) shall for the purpose of meeting the percent­ be used in determining the location ad­ Sec. justment on producer milk received at age requirement of such paragraphs if 77.1 Applicability. a pool plant from a reload point. the handler submits a written request to 77.2 Definitions. (c) For the purpose of computations the market administrator prior to the 77.3 Requirements for certification by the delivery period for which such considera­ Secretary. pursuant to § 1036.84(b), adjustments tion is requested. 77.4 General provisions. pursuant to this section shall be com­ Proposed by Greenville Dairy Co.: 77.5 Applications. puted according to the location of the Proposal No. 41. Price milk received 77.6 State certification. nonpool plant from which other source 77.7 General policies. milk was received. at plants in Mercer County, Pa., the same as milk received at plants in the Authority: The provisions of this Part 77 Proposed by Reiter and Harter, Inc.: Cleveland area. issued under sec. 301, 80 Stat. 378; 5 U.S.C. Proposal No. 36. Delete § 1036.54 and 301. substitute the following language: Proposed by United Dairy Farmers Cooperative Association: § 77.1 Applicability. § 1036.54 Butterfat differentials to han­ Proposal No. 42. Provide for an indi­ dlers. vidual-handler pool order for the pro­ The regulations of this part apply to posed Northeastern Ohio-Western Penn­ certifications by the Secretary pursuant There shall be added to or subtracted sylvania marketing area. to section 48(hT(12) (C) (ii) of the In­ from, the prices of milk for each class as ternal Revenue Code of 1954, as amended computed pursuant to §§ 1036.51 and Proposed by the Dairy Division, Con­ (26 U.S.C. 48(h) (12) (C) (ii)). 1036.52 for each one-tenth of 1 percent sumer and Marketing Service: fiiat the average butterfat test of milk Proposal No. 43. Make such changes § 77.2 Definitions. in each class is above or below 3.5 per­ as may be necessary to make the entire As used in this part, all terms not de­ cent, as the case may be, an amount marketing agreements and the orders fined herein shall have the meaning equal to the daily average wholesale conform with any amendments thereto given them in the Act. Price per pound of Grade A (92-score) that may result from this hearing. (a) “Act” means the Clean Air Act, bulk creamery butter per pound at Copies of this notice of hearing and the as amended (42 U.S.C. 1857 et seq.). Chicago as reported by the U.S.D.A. dur­ orders may be procured from the Market (b) “Secretary” means the Secretary ing the month multiplied by 0.113 and Administrators, W. W. Hurwitz, Post of Health, Education, and Welfare. rounded to the nearest tenth of a cent. Office Box 7266, Cleveland, Ohio 44129, (c) “State” means a State, the District Proposed by Superior Dairy, Inc.: or William Kidd, 703 Hawley Building, of Columbia, the Commonwealth of ti Proposal No. 37. Amend § 1036.12 1025 Main Street, Wheeling, W. Va. Puerto Rico, the Virgin Islands, Guam, “Fluid milk products” to read as follows: 26003, or from the Hearing Clerk, Room and American Samoa. ^

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3170 PROPOSED RULE MAKING

(d) “State air pollution control structed and operated in accordance ing and protecting the Nation’s air re­ agency” means a single State agency with the application. In the event the sources by the prevention and abatement designated by the Governor of that State Secretary believes that a certification of conditions which cause or contribute as the official State air pollution control will be denied, he will advise the appli­ to or which are likely to cause or to con­ agency for purposes of the Act as pro­ cant in writing of the reasons therefor. tribute to air pollution which endangers vided in section 302(b) (1) of the Act. (j) Notice of actions taken underthe health or welfare of any persons. (e) “Applicant” means any person paragraphs (h) and (i) of this section (b) In determining whether a facility who files an application with the Secre­ will be given to the appropriate State air complies with the general policies the tary for certification that a facility is in pollution control agency. Secretary will take into consideration the compliance with the applicable regula­ § 77.5 Applications. following: tions of Federal agencies and the general (1) Recommendations issued pursuant policies of the United States for co­ Applications for certification tinder to sections 103(e) and 105 of the Act. operation with the States in the preven­ this part shall be submitted on such (2) Whether the facility, if it were a tion and abatement of air pollution un­ forms as the Secretary may prescribe, Federal facility, would meet the appli­ der the Act. shall be signed by the applicant or agent cable performance standards for Federal (f) “Facility” means property for thereof, and, in addition to any other facilities set forth in Part 76 of this which certification is sought under this information which the Secretary may chapter. part. reasonably require, shall include the fol­ (3) Whether the facility conforms to lowing : § 77.3 Requirements for certification by the applicable “Guide for Good Prac­ the Secretary. (a) Name, address, and Internal Reve­ tices,” if any, issued by the Department nue identifying number of the appli­ of Health, Education, and Welfare. The Secretary will certify a facility if cant; (4) Whether the facility in operation he determines that such facility is in (b) Type and detailed description of meets applicable State, interstate, or lo­ compliance with the applicable regula­ the facility for which certification is (or cal programs and/or requirements for tions of Federal agencies, if any, the gen­ will be) sought, including a copy of plans the control of air pollution. eral policies of the United States for and specifications; (5) Whether the facility in operation cooperation with the States in the pre­ (c) Address (or proposed address) of meets State, interstate, or local emission vention and abatement of air pollution facility location; standards applicable to the facility. under the Act as set forth in § 77.7, and (d) A general description of the opera­ all the other requirements of this part. tion in connection with which such facil­ Dated: February 16,1967. ity is (or will be) used and a detailed § 77.4 General provisions. [seal] J ohn W. Gardner, description of the specific process or proc­ Secretary. esses whose emissions are (or will be) (a) An applicant shall file a separate [F.R. Doc. 67-2023; FUed, Feb. 21, 1967; application in accordance with this part controlled by the facility; 8:46 a.m.] for each facility. (e) Description of the effect of such (b) Applications shall be submitted to facility in terms of type and quantity of the National Center for Air Pollution pollutants or contaminants removed, Control, Public Health Service, Wash­ altered, or disposed of by such facility ington, D.C. 20201, through the State air when plant or process is in full opera­ CIVIL AERONAUTICS BOARD pollution control agency. tion; [ 14 CFR Part 399 1

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3171

The 13 local service carriers now re­ Aviation Agency, Office of the General [ 14 CFR Part 37 ] quest an 18-day extension for the filing Counsel, Attention: Rules Docket, 800 [Docket No. 7972; Notice No. 67-3] of responsive comments. They assert Independence Avenue SW., Washington, that, inter alia, with but two exceptions, D.C. 20553. All communications re­ HIGH FREQUENCY RADIO COM­ the trunklines have taken a position of ceived on or before April 24, 1967, will be MUNICATION RECEIVING EQUIP­ strong exception to the proposal on a considered by the Administrator before MENT host of legal, economic and policy taking action on the proposed rule. The grounds; that the local service carriers proposals contained in this notice may Technical Standard Order are in the process of exploring the pos­ be changed in light of the comments The Federal Aviation Agency is con­ sibility of submitting a consolidated received. All comments submitted will sidering amending section 37.159 of the reply to certain of the challenges made be available, both before and after the Federal Aviation Regulations by revising by the trunklines; and that the requested closing date for comments, in the Rules the Technical Standard Order (TSO- extension is needed to coordinate the Docket for examination by interested C32b) for high frequency ra.dio commu­ reply among the interested carriers. persons. nication receiving equipment operating They further maintain that the op­ Recognizing the importance of the within the frequency range of 1.5 mega­ ponents of PSDR-16 have had approxi­ flight instructor in regulating student cycles to 30 megacycles. mately 56 days1 for the filing of initial pilot flight, § 61.180 is definitive of the Interested persons are invited to par­ comments, whereas only 20 days are pro­ responsibilities and limitations of a cer­ ticipate in the making of the proposed vided for a reply. tificated flight instructor with regard to rule by submitting such written data, The undersigned finds that good cause endorsing a student pilot certificate. views, or arguments as they may desire. has been shown for an extension of time However, present regulations are not de­ Communications should identify the and that such extension should be for a finitive with regard to endorsing a stu­ docket number and be submitted in 14-day period. Accordingly, pursuant to dent pilot logbook by the instructor. duplicate to the Federal Aviation Agency, authority delegated in section 7.3C of This proposal will amend § 61.180 to in­ Office of the General Counsel, Attention: Public Notice PN-15, dated July 3, 1961, clude limitations on endorsing a student Rules Docket, 800 Independence Avenue the undersigned hereby extends the time pilot logbook to conform with those for SW., Washington, D.C. 20553. All com­ for submitting responsive comments to endorsing a student pilot certificate. munications received on or before May 22, March 9 ,1967.v Under § 61.73, the student pilot is 1967, will be considered by the Admin­ All responsive comments received on charged with the responsibility of secur­ istrator before taking action on the pro­ or before March 9, 1967, will be con­ ing from the instructor appropriate en­ posed rule. The proposals contained in sidered by the Board before taking action dorsements in his student pilot logbook this notice may be changed in the light on the proposal. Copies of communica­ before he may make certain solo and of comments received. All comments tions will be available for examination in cross-country flights. In conjunction submitted will be available, both before the Docket Section, Room 710, Universal with this responsibility of the student and after the closing date for comments, Building, 1825 Connecticut Avenue NW., pilot, the interest of safety dictates that in the Rules Docket, for examination by Washington, D.C., upon receipt thereof. there is also a responsibility upon the interested persons. (Sec. 204(a), Federal Aviation Act of 1958, instructor for complying with the appli­ The current TSO does not include as amended; 72 Stat. 743; 49 U.S.C. 1324) cable provisions of § 61.73. The proposed minimum performance standards per­ rule will enunciate the responsibility and taining to single sideband operation. By the Civil Aeronautics Board. will impose the duty of compliance upon High frequency single sideboard receiving [seal] Arthur H. S imms, the flight instructor to go along with the equipment is being developed by indus­ Associate General Counsel, authority Which he now has. By apply­ try and single sideband ground stations Rules and Rates Division. ing the same limitations that exist for are also becoming operational. To pro­ a student pilot certificate endorsement, [F.R. Doc. 67-2042; Filed, Feb. 21, 1967; vide minimum performance standards 8:48 a.m.] the proposal should ensure that the pro­ for airborne receivers which operate in visions of § 61.73 are complied with and the single sideband mode, it is necessary that a considered determination has been that the current TSO be updated. In made by the flight instructor before a addition to the new performance stand­ FEDERAL AVIATION AGENCY student pilot logbook is endorsed. ards relating to single sideband char­ In consideration of the foregoing, it is acteristics of high frequency equipment, [ 14 CFR Paît 61 1 proposed to amend § 61.180 of the Federal the revised TSO provides a relaxation (Docket No. 7974; Notice No. 67-5] Aviation Regulations by redesignating of the standard for audio frequency paragraph (e) as (f) and inserting new response. In this connection, the upper STUDENT PILOT LOGBOOK paragraph (e) to read as follows: limit of the audio output modulation ENDORSEMENTS frequency range has been reduced from § 61.180 Limitations. 3,000 cps to 2,500 cps. Flight Instructor Limitations ***** Technical Standard Orders are direc­ The Federal Aviation Agency is con­ (e) A certificated flight instructor maytions to manufacturers holding author­ sidering amending Part 61 of the Feder­ endorse a student pilot logbook under izations under the system. As Part 37 al Aviation Regulations to clearly pre­ § 61.73 (c), (d), or (e) only if both the indicates, the minimum performance scribe the responsibilities and limita­ instructor and the student pilot have standards set forth in the TSO’s are the tions of certificated flight instructors complied with the applicable require­ standards with which a manufacturer with respect to student pilot logbook en­ ments. must show compliance in order to iden­ dorsements under § 61.73. * * * * * tify his article with the applicable TSO Interested persons are invited to par­ marking. The Technical Standard This amendment is proposed under the Order system merely provides one means ticipate in the making of the proposed authority of sections 313(a) and 601(a) rule by submitting written data, views, by which equipment is approved and and arguments as they may desire. of the Federal Aviation Act of 1958 (49 unless the operating rules require that U.S.C. 1354, 1421). equipment be TSO-approved, an oper­ Communications should identify the ator may use any approved equipment. regulatory docket or notice number and Issued in Washington, D.C., on Febru­ For this reason, reference to the type of be submitted in duplicate to the Federal ary 16, 1967. operations in which such equipment Edward C. Hodson, might be used has not been incorporated x Acting Director, r. into the applicability provision of this ‘ As a matter of fact, 52 days “was granted Flight Standards Service. for the filing of initial comments. Although revised TSO. adopted on Dec. 8, 1966, PSDR-16 was not [F.R. Doc. 67-1999; Filed, Feb. 21, 1967; In addition to revising the purely released until Dec. 13 8:45 a.m.] technical aspects of the TSO-C32b, the

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3172 PROPOSED RULE MAKING

proposed amendment would further A 2.5 Distortion—a. Harmonic. (1) If am­ contribute to systematizing the TSO plitude modulation (AM) mode of operation Series by deleting all reference to other “Env. Cat. DBAAAX” is provided, the combined noise and dis­ than FAA standards. With regard to the (3) Each separate component oftortion in the receiver output signal must test procedures for the environmental equipment (antenna, power supply, etc.), not exceed 20 percent at rated output when extremes to which the equipment must must beldentified with at least the name the receiver input signal is modulated 85 percent and its level varied over the range be designed, this proposal references the of the manufacturer, the TSO number, from 50 /tv to 500,000 /tv. This requirement “Federal Aviation Agency Document for and the environmental categories over must be met over the frequency range of Environmental Test Procedures for Air­ which the equipment component is de­ 350 to 2,500 cps. borne Electronic Equipment” as set forth signed to operate. (2) If single sideband (SSB) mode of op­ in TSO-C87 effective February 1, 1966 (c) Data requirements. In accord­ eration is provided, the combined noise and (30 F.R. 15553, Dec. 17,1965). ance with | 37.5, the manufacturer must distortion in the receiver output must not In consideration of the foregoing, it is furnish to the Chief, Engineering and exceed 20 percent at rated output when the proposed to amend § 37.159 of the Fed­ Manufacturing Branch, Flight Standards receiver input signal level is varied over Division, Federal Aviation Agency, in the the range from 50 /tv to 500,000 /tv. This re­ eral Aviation Regulations to read as quirement must be met over the audio fre­ follows: region in which the manufacturer is lo­ quency range from 350 to 2,500 cps. cated, the following technical data: b. Intermodulation (SSB mode only). § 37.159 High Frequency (HF) radio (1) Six copies of the operating in­ With a standard two-tone test signal ap­ communication receiving equipment structions and equipment limitations of plied at levels from 50 /tv to 500,000 /tv, the operating within the radiofrequency the manufacturer; 3d order products must be at least 25 db range of 1.5 to 30 megacycles (TSO— (2) Six copies of the installation below either of the 2 test tones in the out­ v C32c). procedures with applicable schematic put. drawings, wiring diagrams, and specifi­ 2.6 Noise level. With the receiver gain (a) Applicability. This technical adjusted to produce rated output when the standard order prescribes the minimum cations, and a listing of components (by input signal level is a 100 /tv standard AM performance standards that airborne part number) or possible combinations signal, the receiver output, without modula­ high frequency radio communication thereof which make up a system comply­ tion of the input signal, must be at least receiving equipment must meet in order ing with this TSO. Indicate" any limi­ 20 db below rated output. When the equip­ to be identified with the applicable TSO tations, restrictions, or other conditions ment is designed for operation from an al­ marking. New models of equipment, pertinent to the installation; and ternating current power source, this stand­ which are to be so identified and that (3) One copy of the test report of the, ard must be met over the range of power manufacturer. source frequencies for which the equipment are manufactured on or after the effec­ is designed. tive date of this section, must meet the (d) Previously approved equipment. Airborne high frequency radio communi­ 2.7 Sensitivity. The level, of an input requirements of the “Federal Aviation signal required to produce a given signal- Agency Standard, Airborne High Fre­ cations receiving equipment approved plus-noise to noise ratio must not exceed quency Radio Communication Receiving prior to the effective date of this section the following: Equipment Operating Within the Range may continue to be manufactured under of 1.5 to 30 Megacycles” set forth at the the provisions of its original approval. Input signal end of this section, and the FAA Docu­ Min im u m Performance Standards for Air­ voltages ment for Environmental Test Procedures borne High F requency Radio Communica­ Operation mode (as (S+N )/ tions Receiving Equipm ent Operating applicable) N (db) for Airborne Electronic Equipment, set 1.5 MC- 3 MC- forth in TSO-C87, effective February 1, Wit h in th e Radio F requency R ange of 3 MC 30 MC 1966 (30 F.R. 15553, December 17, 1965). 1.5-30 Megacycles (b) Marking. (1) In addition to the 1.0 GENERAL STANDARDS GW telegraphy___ _ 10 uv 5uv 10 1.1 Operation of controls. The operation Amplitude modulation _ 10 uv 5 uv 6 markings specified in § 37.7, the equip­ Single sideband...... 10 ment must be marked to indicate the of controls intended for use during flight, in 5 uv 3 uv environmental extremes over which it all possible combinations and sequences, has been designed to operate. There are must not result in a condition whose pres­ 2.8 Selectivity, a. If amplitude modula­ ence or continuation would be detrimental tion (AM) mode of operation is provided— six environmental procedures outlined in to thfe performance of the equipment. Con­ the FAA document for environmental (1) The level of an input signal required trols which are not normally adjusted in to produce rated output must not vary more test procedures for airborne electronic flight must not be readily accessible to flight than 6 db over the frequency range from equipment that have categories estab­ personnel. center response frequency —2.5 kc to center lished. These must be identified on the 1.2 Effects of test. Unless otherwise stated, the application of the specified tests response frequency +2.5 kc (center response nameplate by the words “Environ­ must produce no subsequently discernible frequency is defined in Appendix A); and mental Categories” or, as abbreviated, condition which would be detrimental to the (2) At frequencies ±10 kc from the cen­ “Env. Cat.” followed by six letters which continuéd performance of the equipment. ter response frequency, the level of an input identify the categories designated. signal required to produce rated output Reading from left to right, the category 2.0 MINIMUM PERFORMANCE STANDARDS UNDER must be at least 60 db greater than the level designations must appear on the name­ STANDARD CONDITIONS required at the frequency of maximum plate in the following order, so that they The test procedures applicable to a deter­ response. may be readily identified: mination of the performance of receiving b. If single sideband (SSB) mode of equipment, including coupling units and operation is provided— (1) Temperature—altitude category. definition of terms, are set forth in Appendix (1) The level of an input signal required (ii) Vibration category. A of this standard. to produce rated output must not vary more (iii) Audiofrequency magnetic field 2.1 Audio frequency response. The re­ than 6 db over the frequency range from susceptibility category. ceiver audio output must not vary more than 8 db when the level of a standard AM fe+350 cps to fc+2,500 cps and (iv) Radiofrequency su sc e p tib ility signal is held constant at 50 /tv and the (2) At frequencies fc —2,150 cps and fc category. modulation frequency varied over the range +5,000 cps, the level of an input signal re­ (v) Emission of spurious radiofre­ of 350 to 2,500 cps. quired to produce rated output must be at quency energy category. 2.2 AGC characteristics. Between the least 60 db greater than the level required (vi) Explosion category. limits of 10 /»v and 500,000 uv input, the at the frequency of maximum response. audio output must not vary more than 10 db. 2.9 Spurious responses, a. If amplitude A typical nameplate identification fol­ 2.3 Gain. A standard input signal (AM modulation (AM) mode of operation is pro­ lows: “Env. Cat. DBAAAX” and SSB) of not more than 50 ¿tv must pro­ vided, the level of a standard AM signal (2) Where a manufacturer desires to duce a receiver output which is not less than input required to produce an output signal- substantiate his equipment in dual cate­ the manufacturer’s published rated output. plus-noise to noise ratio of 6 db must be 2.4 Manual gain control.' The output of at least 60 db greater than that required at gories for one environment, the name­ the receiver must be adjustable from rated the frequency of maximum response when plate must be marked with both cate­ output to at least 20 db below rated output the frequency of the input signal is varied gories in the space designated for that over the rf input signal level range of 50 over the range of 0.190 to 150 me excluding category by placing one letter above the to 500,000 /¿v, modulated 85 percent at 1,000 other in the following manner: cps. 1 fc=Specified Carrier Frequency.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3173 the range within ±10 kc of the center re­ dures, the requirements of paragraphs 2.3 b. During the repetitive Transients Test sponse frequency. (gain) and 2.6 (noise) must be met. the output of the receiver must not be more than 1.5 db below that specified in para­ b. If single sideband (SSB) mode of oper­ d. Decompression (when required). When the equipment is subjected to this test as set graph 2.3 (gain). The requirements of para­ ation is provided, the level of an input graph 2.6 (noise level) must be met within signal required to produce an output signal- forth in paragraph 4.3 of the FAA Environ­ mental Test Procedures— 6 db. plus-noise to noise ratio of 10 db must be (1) The receiver output must not decrease 3.8 Conducted audiofrequency suscepti­ at least 60 db greater than that required by more than 3 db from that specified in bility. When the equipment is subjected to with a standard SSB signal when the fre­ paragraph 2.3 (gain); and this test as set forth in paragraph 11 of quency of the input signal is varied over (2) The receiver sensitivity must not be the FAA Environmental Test Procedures, the the range of 0.190 to 150 me, excluding the more than 6 db below that specified in para­ requirements of paragraph 2.5 (distortion) range from fc — 2,150 cps to fc + 5,000 cps. graph 2.7 (sensitivity). and 2.6 (noise level) must be met. 2.10 Cross modulation (AM only). With 3.2 Humidity, a. After being subjected to 3.9 Audiofrequency magnetic field suscep­ the simultaneous application of an unmod­ this test as set forth in paragraph 5 of the tibility. When the equipment is subjected ulated carrier at the center response fre­ FAA Environmental Test Procedures, and to this test as set forth in paragraph 12 of quency (desired signal) and a standard AM within 15 minutes after primary power is the FAA Environmental Test Procedures the signal ±10 kc from the center response fre­ applied— requirements of paragraph 2.5 (distortion) quency (undesired signal), the receiver out­ (1) The receiver output and sensitivity must be met. put must be at least 10 db less than rated must be no more than 10 db below that 3.10 Radio frequency susceptibility (radi­ output under the following conditions: specified in paragraphs 2.3 (gain) and 2.7 ated and conducted). Adjust the receiver Level of Level of (sensitivity) respectively; and gain to produce rated output with a standard desired signal undesired signal (2) All mechanical devices must perform AM input signal of 100 /¿v. Remove the mod­ 20 jttv______1,000 /tv their intended functions. ulation. Under these conditions,-the audio­ 2.000 /tv——...... —.100,000 /tv b. Within 4 hours after primary power is output must be at least 14 db below rated applied, the requirements of paragraphs 2.3 output when— 2.11 Desensitisation (AM only). With a (gain) and 2.6 (noise) must be met. a. The radiated radiofrequency suscepti­ 10 /tv standard AM signal input, the output 3.3 Shock, a. Following the application bility test is applied, as set forth in paragraph of the receiver must not decrease more than of the Operational Shocks, as indicated in 13 of the FAA Environmental Test Proce­ 8 db in the presence of an unmodulated car­ paragraph 6 of the FAA Environmental Test dures; and rier having a level of 10,000 /tv and a fre­ Procedures, the requirements of paragraphs b. The conducted radiofrequency suscepti­ quency varied between 1.5 me and 30 me, but 2.3 (gain) and 2.6 (noise) must be met. bility test is applied. not including the frequencies within 10 kc b. Following the application of the Crash 3.11 Explosion test (when required). of the carrier frequency. Safety Shocks, the equipment under test When the equipment is subjected to this 2.12 Channel selection time. The maxi­ must have remained in its mounting and no test, as set forth in paragraph 14 of the FAA mum time required to change from one parts of the equipment or its mounting must Environmental Test Procedures, the equip­ channel to another, including the time re­ have become detached and free of the shock ment must not cause detonation of the ex­ quired by an antenna coupler, must not test equipment. Paragraph 1.2 does not plosive mixture within the test chamber. exceed 30 seconds. apply. 3.12 Emission of spurious radiofrequency 3.4 Vibration. When the equipment is energy. -The levels of conducted and radi­ 3.0 MINIMUM PERFORMANCE STANDARDS UNDER subjected to this test as set forth in para­ ated spurious radiofrequency energy emitted ENVIRONMENTAL CONDITIONS graph 7 of the FAA Environmental Test Pro­ by the equipment must not exceed those Unless otherwise specified, the test proce­ cedures, the requirements of paragraph 2.5 levels specified in Appendix A of the FAA dures applicable to a determination of the (distortion) must be met. Environmental Test Procedures. performance of the equipment under envi­ 3.5 Temperature variation. When the A p p e n d i x A ronmental conditions are set forth in the equipment is subjected to this test as set Federal Aviation Agency Document for Envi­ forth in paragraph 8 of the FAA Environ­ 1.0 TEST CONDITIONS ronmental Test Procedures for Airborne mental Test Procedures, the following apply: The following definitions of terms and Electronic Equipment set forth in TSO-C87. (a) If amplitude modulation (AM) conditions of tests are applicable to the 3.1 Temperature altitude—a. Low tem ­ mode of operation is provided, the center equipment tests specified herein: perature. When the equipment is subjected response frequency of the receiver must not 1.1 Power Input Voltage. Unless other­ to this test as set forth in paragraph 4.1 of deviate from the channel frequency by more wise specified, all tests must be conducted the FAA Environmental Test Procedures— than 500 cps plus 0.01 percent of the chan­ with the power input voltage adjusted to (1) The output power, with an rf input nel frequency. design voltage ± 2 percent. The input voltage signal level of 50 /tv, must not decrease by (b) If single sideband (SSB) mode of op­ must be measured at the receiver input more than 2.2 db from that specified in para­ eration is provided, the frequency in the terminals. graph 2.3 (gain); audio output from a standard SSB signal 1.2 Power Input Frequency. In the case must not change by more than 25 cps. of receivers designed for operation from an (2) The receiver sensitivity must not AC power source of essentially constant fre­ decrease by more than 6 db below that speci­ 3.6 Power input test—a. Power input variation. When subjected to this test as quency (e.g., 400 cps), the input frequency fied in paragraph 2.7 (sensitivity); and must be adjusted to design frequency (3) All mechanical devices must perform found in paragraph 9.1 of the FAA Environ­ mental Test Procedures, the requirements of ± 2 percent. In the case of equipment de­ their intended functions. The maximum signed for operation from an AC power source time required to effect a change in operating paragraphs 23 (gain) and 2.7 (sensitivity) must be met. of variable frequency (e.g., 300 to 1,000 cps), frequency must not exceed 30 seconds. In unless otherwise specified, tests must be con­ the case of equipment designed to operate b. Low voltage. (1) When the primary ducted with the input frequency adjusted to with an antenna coupler, the time required power voltage(s) of Dp operated equipment within 5 percent of a selected frequency and to change from one channel to another is is 80 percent and when that of AC operated within the range for which the equipment the overall receiver coupler time. equipment is 87% percent of standard test is designed. b. High temperature. (1) Short-time Op­ voltage (s), the equipment must continue to 1.3 Adjustment of Equipment. The erating Temperature. operate electrically and mechanically. Deg­ radation of performance is tolerable. circuits of the equipment must be properly When the equipment is subjected to this aligned and otherwise adjusted in accord­ test as set forth in paragraph 4.2 of FAA (2) DC operated equipment must operate ance with the manufacturer’s recommended Environmental Test Procedures— satisfactorily within two (2) minutes upon practices prior to the conduct of the speci­ returning the primary power voltage (s) to fied tests. (i) All mechanical devices must operate normal after the gradual reduction of the satisfactorily; and 1.4 Ambient Conditions. Unless other­ primary power voltage(s) from 80 percent wise specified, all tests must be conducted (ii) There must be no evidence of mate to 50 percent of standard test voltage (s). under conditions of ambient room tempera­ rials, such as grease or potting and sealin) (3) The gradual reduction of the primary ture, pressure, and humidity. However, the compounds, exuding or dripping from thi power voltage(s) of DC operated equipment ambient room temperature must not be less equipment components. from 50 percent to 0 percent of standard test than 10° C. (2) High Operating Temperature. voltage (s) must produce no evidence of the 1.5 Warm-up Period. Unless otherwise When the equipment is subjected to thi presence of fire or smoke. Paragraph 1.2, specified, all tests must be conducted after test as set forth in paragraph 4.2 of the FA/ “Effects of Tests,” does not apply. a warm-up period of not less than fifteen Environmental Test Procedures, the require 3.7 Conducted voltage transient suscepti­ (15) minutes. ments of paragraphs 2.3 (gain) and 2.' bility. a. Following the Intermittent Tran­ 1.6 Connected Load. Unless otherwise (sensitivity) must be met. sient Test as set forth in paragraph 10 of specified, all tests must be performed with , c: Attitude. When the equipment is sub- the FAA Environmental Test Procedures, the the equipment output connected to a load J tea to this test as set forth in paragraph requirements of paragraph 2.3 (gain) must having the impedance value for which the 6 of the FAA Environmental Test Proce­ be met. equipment is designed.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3174 PROPOSED RULE MAKING

1.7 Signal Source.—a. Variable Source and the modulation percentage constant, the beat-frequency oscillator so that the Impedance. When the receiver input circuit vary the audiomodulation frequency through audio output frequency is approximately is designed for a variable source impedance, the range of 200-3,000 cps and record the 1,000 cps (800-1,200 cps). the test antenna must consist of a capac­ output in db above and below one-half rated b. Amplitude Modulation. Determine the itance of 250 fi/if ± 10 percent in series with a output at the following frequencies: 200, 350, level of the rf input signal required to pro­ noninductive resistance of 50 ohms ± 10 per­ 500, 700, 1,000, 1,500, 2,000, and 3,000 cps and duce a signal-plus-noise to noise ratio of 6 db. cent. The output resistance of the signal the frequencies of maximum and minimum c. Single Sideband. Determine the level of generator must be included in the resistance response between 200 and 3,000 cps. This a standard SSB input signal required to pro­ specified. The receiver input voltage levels test must be made at an rf frequency within duce a signal-plus-noise to noise ratio of specified herein are those equivalent to a 15 percent of the lowest carrier frequency 10 db. * voltage in series with the capacitance and for which the equipment is designed. 2.8 Selectivity. resistance. 2.2 AGC Characteristic. Adjust the man­ a. Amplitude Modulation. Apply a stand­ b. Fixed Source Impedance. When the ual gain control to obtain that condition ard AM signal to the receiver input of such receiver input circuit is designed for a spe­ wherein varying the rf input signal level over a level that the receiver operates below the cific source impedance, such as that provided the range from 10 /tv to 500,000 /tv produces knee of the AVC characteristic and note the by a transmission line, the circuit connected a maximum output equal to rated output. output at the frequency of maximum re­ to the receiver input must be the equivalent Vary the rf input signal level over the range sponse. Observe the frequencies on both of an rf input voltage in series with an im­ from 10 /tv to 500,000 /tv observing the output sides of this frequency where the signal pedance having a resistance within 10 per­ power at input signal levels of 10, 30,100, 300, generator level must be increased 6 db and cent and a reactance of not more than 10 1.000, 3,000, 10,000, 30,000, 100,000, 300,000 60 db to produce the same output. percent of the characteristic impedance of and 500,000 /tv. b. Single Sideband. Apply a standard the transmission line for which the receiver 2.3 Gain. SSB signal to the receiver input of such a is designed. (a) Amplitude Modulation. Apply a level that the receiver operates below the c. Input Voltages. In the case of a receiver standard AM signal to the input, and with knee of the AVC characteristic and note the designed for a transmission line having a the receiver gain control at maximum, in­ output at the frequency of maximum re­ nominal characteristic impedance of other crease the rf level of the input to the point sponse. Observe the frequencies on both than 52 ohms, the rf input voltage values where rated power output is obtained. sides of this frequency where the signal gen­ must be computed according to the following (b) Single Sideband. Apply a standard erator level must be increased 6 db and 60 equation: SSB signal to the input adn, with the receiver db to produce the same output. gain control at maximum, increase the rf 2.9 Spurious Responses. Ea=VEl2X.i? level of the input to the point where rated v 5 2 a. Amplitude Modulation. Apply a stand­ power output is obtained. ard AM signal to the input, adjust the level Where E2 is the rf input voltage to be used 2.4 Manual Gain Control. of the input to produce a signal-plus-noise to in the case of a receiver designed for a trans­ Apply to the receiver input a 50 /tv rf sig­ noise ratio of 6 db, and note the receiver mission line having a nominal characteristic nal modulated 85 percent at 1,000 cps. Ad­ output. Increase the level of the input sig­ impedance other than 52 ohms— just the manual gain control to produce nal by 60 db, vary the frequency of the input Ei is the rf input voltage specified herein. rated output. Then readjust the control to signal over the range of 0.190 to 150 me, ex­ R2 is the nominal characteristic impedance its “minimum” gain position, increase the cluding the frequency band within ±10 kc of the transmission line for which the re­ input to 500,000 /tv and record the output of the center response frequency, and deter­ ceiver is designed. in db below rated output. The rf input voltage is defined as the open 2.5 Distortion. mine those frequencies at which the same circuit voltage of the circuit connected to a. Harmonic. receiver output is obtained. Conduct this the receiver input. For two-tone inputs, the (1) Amplitude Modulation. Apply to the test with the receiver tuned to within 10 voltage given is for each tone. receiver input a 50 /tv rf signal modulated percent of at least the following frequencies 1.8 Standard Test Signals. within the range or ranges for which the 85 percent at 1,000 cps. Adjust the manual receiver is designed: 1.5, 3, 5, 10, 20, and a. Standard AM Signal—A standard AM gain control to produce rated output. With 30 me. signal is defined as an rf input signal modu­ the receiver gain control fixed, maintain the lated 30 percent at 1,000 cps. rf signal input level at 50 /tv, the percentage b. Single Sideband. Apply a standard SSB b. Standard SSB Signal—A standard SSB signal to the input and adjust the level of modulation at 85 percent, and determine the the input to produce a signal-plus-noise to signal is defined as an rf input signal 1,000 percentage of distortion present in the re­ noise ratio of 10 db with the receiver gain cps displaced from the carrier frequencies ceiver output at modulation frequencies of control adjusted to give rated output. In­ and within the bandpass of the receiver. - 350, 1,000, and 2,500 cps. crease the level of the input signal by 60 c. Standard Two-Tone Test Signal:—A. Increase the rf input signal level succes­ db and vary the frequency of the input over standard two-tone test signal as used in this sively to 100, 1,000, 10,000, 100,000, and 500,- standard consists of two rf signals, within the range of 0.190 to 150 me excluding the 000 /tv. At each rf input signal level, adjust frequency band from carrier frequency —2,150 the receiver passband, of equal amplitude, the receiver manual gain control to produce cps to carrier frequency +5,000 cps and de­ and so selected in frequency that the 3d rated output with the input signal modulated termine those frequencies at which the re­ order intermodulation products are within 85 percent at 1,000 cps. With the receiver ceiver output is equal to or greater than the audio passband, and can be resolved. gain control fixed, maintain the rf signal in­ rated output. Adjust the signal generator 1.9 Amplitude Modulation. The general put level constant, the percentage modula­ to obtain 1,000 cps on each spurious re­ term amplitude modulation as used in this tion at 85 percent, and determine the per­ sponse. Check specifically on the image standard, unless otherwise specified, applies centage of distortion present in the receiver and IF frequencies. to transmissions with the carrier transmitted output at modulation frequencies of 350, at a level between 3 to 6 db below peak 1.000, and 2,500 cps. 2.10 Cross Modulation. Connect the two envelope power. (2) Single Sideband. Apply to the receiver signal generators and the receiver together 1.10 Single Sideband. The general term input a 50 /tv rf standard single sideband sig­ by means of a combining unit. single sideband as used in this standard, nal. Adjust the gain control to produce Set the rf signal level of a standard AM unless otherwise specified, applies to trans­ rated output. Maintain the rf level control signal to produce an open-circuit voltage missions with the' carrier suppressed at least constant at 50 /tv, and adjust the input signal at the output of the combining unit of 26 db. frequency to produce successively in the out­ 20 /tv. Tune the receiver to the desired 1.11 Center Response Frequency. Center put 350, 1,000, and 2,500 cps. Determine the signal. Adjust the receiver gain to produce response frequency as used in this standard is percentage of distortion for each frequency. rated output or to produce maximum out­ defined as that frequency midway between put if rated output cannot be obtained. b. Intermodulation (SSB Mode). Con­ Remove the modulation from the desired the two frequencies at which the response nect two signal generators to the receiver in­ is down 6 db from maximum response. signal. put by means of a combining unit. Apply a Apply an undesired standard AM signal. 2.0 TEST PROCEDURES standard two-tone test signal successively at Set the rf signal level of the undesired signal The test procedures set forth below are 20 /tv, 1,000 av, and 100,000 /tv. In each case to produce an open-circuit voltage at the satisfactory for use in determining the per­ determine the relative amplitude of the 3d output of the combining unit of 1,000 /tv. formance of airborne radio communications order distortion products. Set the rf frequency successively 10 kc above receiving equipment operating within the 2.6 Noise Level. Apply to the receiver in­ and 10 kc below that of the desired signal radiofrequency range of 1.5-30 me. Test put a 100 /tv standard AM signal and adjust and note the output of the receiver. Re­ procedures which provide equivalent infor­ the receiver gain for rated power output. peat the above procedure using a level of mation may be used. Remove the modulation from the input sig­ 2,000 /tv for the desired signal and 100,000 /iv 2.1 Audiofrequency Response. With anal and measure the receiver output in db for the undesired signal. radiofrequency input signal of sufficient am­ below the rated power output level. 2.11 Desensitization. Connect the two plitude to produce an output signal-plus- 2.7 Sensitivity. signal generators and the receiver by means noise to- noise ratio of at least 25 db, adjust a. CW Telegraphy. Determine the level of of a combining unit. Set the level of a the receiver gain for one-half of rated output the input signal required to produce a sig­ standard AM desired signal to produce an at 1,000 cps. Then, holding the signal level nal-plus-noise to noise ratio of 10 db. Adjust open-circuit voltage of 20 /tv at the output

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3175 of the combining unit. Tune the receiver to niques for determining distortion, a new gories established. These must be iden­ the desired signal. Adjust the gain of the re­ standard has been added along with an tified on the nameplate by the words ceiver to produce rated output or to produce Appendix A to specify new limits and “Environmental Categories” or, as abbre­ maximum output if rated output cannot be new testing procedures appropriate to viated, “Env. Cat.” followed by six letters obtained. Set the rf signal level of the un­ spectrum analyzer equipment methods which identify the categories designated. desired signal to produce an open-circuit Reading from left to right, the category voltage at the output of the combining unit of test evaluation. of 10,000 /tv. Remove the modulation from Technical Standard Orders are direc­ designations must appear on the name­ the undesired signal. tions to manufacturers holding authori­ plate in the following order, so that they Vary the frequency of the undesired signal zations under the system. As Part 37 may be readily identified: over the range of 1.5 to 30 me, excluding the indicates, the minimum performance (1) Temperature-altitude category. frequencies within 10 kc of the desired sig­ standards set forth in the TSO’s are the (ii) Vibration category. nal. Observe the level of the output. standards with which a manufacturer (iii) Audio frequency magnetic field This amendment is proposed under the must show compliance in order to iden­ susceptibility category. authority of sections 313(a) and .601 of tify his article with the applicable TSO (iv) Radio frequency susceptibility the Federal Aviation Act of 1958 (49 marking. The Technical Standard Or­ category. U.S.C. 1354(a), and 1421). der system merely provides one means (v) Emission of spurious radio fre­ by which equipment is approved and quency energy, and Issued in Washington, D.C., on Feb­ unless the operating rules require that (vi) Explosion category. ruary 14, 1967. equipment be TSO-approved, an opera­ A typical nameplate identification fol­ J ames F. R udolph, tor may use any approved equipment. lows: “Env. Cat. DBAAAX.” Acting Director, For this reason, reference to the type of (2) Where a manufacturer desires to Flight Standards Service. operations in which such equipment substantiate his equipment in dual cate­ [F.R. Doc. 67-1997; Piled, Feb. 21, 1967; might be used has not been incorporated gories for one environment, the name­ 8:45 a.m.] into the applicability provision of this plate must be marked with both cate­ revised TSO. gories in the space designated for that In addition to revising the purely tech­ category by placing one letter above the [ 14 CFR Part 37 ] nical aspects of the TSO-C31b, the pro­ other in the following manner : [Docket No. 7973; Notice No. 67-4] posed amendment would further con­ A tribute to systematizing the TSO Series “Env. Cat. DBAAAX.” HIGH FREQUENCY (HF) RADIO COM­ by deleting all reference to other than MUNICATION TRANSMITTING FA A standards. With regard to the test (3) Each separate component of equip­ ment (antenna, power supply, etc.) must EQUIPMENT procedures for the environmental ex­ tremes to which the equipment must be be identified with at least the name of Technical Standard Order designed, this proposal references the the manufacturer, the TSO number, and “Federal Aviation Agency Document for the environmental categories over which The Federal Aviation Agency is con­ Evironmental Test Procedures for Air­ the equipment component is designed to sidering amending section 37.158 of the borne Electronic Equipment” as set forth operate. Federal Aviation Regulations by revising in TSO-C87 effective February 1, 1966 (c) Data requirements. In accordance the Technical Standard Order (TSO- (30 F.R. 15553, Dec. 17, 1965). with section 37.5, the manufacturer must C31b) for high frequency radio com­ In consideration of the foregoing, it is furnish to the Chief, Engineering and munication transmitting equipment op­ proposed to amend § 37.158 of the Fed­ Manufacturing Branch, Flight Standards erating within the frequency range of eral Aviation Regulations to read as Division, Federal Aviation Agency, in the 1.5-30 megacycles. follows: region in which the manufacturer is lo­ Interested persons are invited to par­ cated, the following technical data: ticipate in the making of the proposed § 37.158 High Frequency (HF) radio (1) Six copies of the operating instruc­ rule by submitting such written data, communication transmitting equip­ tions and equipment limitations of the views, or arguments as they may desire. ment operating within the radio manufacturer. Communications should identify the frequency range of 1.5 to 30 mega­ (2) Six copies of the installation pro­ docket number and be submitted in du­ cycles (TSO—C31c). cedures with applicable schematic draw­ plicate to the Federal Aviation Agency, (a) Applicability. This technical ings, wiring diagrams, and specifications, Office of the General Counsel, Attention : standard order prescribes the minimum and a listing of components (by part Rules Docket, 800 Independence Avenue performance standards that airborne number) or possible combinations there­ SW., Washington, D.C. 20553. All com­ high frequency radio communication of, which make up a system complying munications received on or before transmitting equipment must meet in with this TSO. Indicate any limitations, May 22, 1967, will be considered by the order to be identified with the applicable restrictions, or other conditions pertinent Administrator before taking action on TSO marking. New models of equip­ to the installation, and the proposed rule. The proposals con­ ment, that are to be so identified and (3) One copy of the manufacturer’s tained in this notice may be changed in that are manufactured on or after the test report. the light of comments received. All effective date of this section, must meet (d) Previously approved equipment. comments submitted will be available, the requirements of the “Federal Avia­ Airborne high frequency radio communi­ both before and after the closing date for tion Agency Standard, Airborne High cation transmitting equipment approved comments, in the Rules Docket, for ex­ Frequency Radio Communication Trans­ prior to the effective date of this section amination by interested persons. mitting Equipment Operating Within may continue to be manufactured under The current TSO does not include min­ the Range of 1.5 to 30 Megacycles” set the provisions of its original approval. imum performance standards pertaining forth at the end of this section, and the M in im u m P erformance Standards for Air­ to single sideband operation. High fre­ FAA Document for Environmental Test borne R adio Communications T ra nsm it­ quency single sideband transmitting Procedures for Airborne Electronic tin g Eq u ipm en t Operating W it h in t h e equipment is being developed by indus­ Equipment, set forth in TSO-C87, effec­ R adiofrequency R ange of 1.5-30 M ega­ try and single sideband ground stations tive February 1, 1966 (30 F.R. 15553, cycles are also becoming operational. To pro­ Dec. 17, 1965). 1.0 GENERAL STANDARDS vide minimum performance standards (b) Marking. (1) In addition to the 1.1 Operation of controls. The operation for airborne transmitters which operate markings specified in section 37.7, the of controls intended for use during flight, in in the single sideband mode, it is neces­ equipment must be marked to indicate all possible position combinations and se­ quences, must not result in a condition that sary that the current TSO be updated. the environmental extremes over which would be detrimental to the continued per­ New minimum performance standards it has been designed to operate. There formance of the equipment. Controls that been provided relating to single are six environmental procedures out­ are not normally adjusted in flight must not sideband characteristics, if employed, on lined in the FAA document for Environ­ be readily accessible to flight personnel. high frequency transmitters. In addi­ mental Test Procedures for Airborne 1.2 Effects of test. Unless otherwise pro­ tion, to allow for modern testing tech­ Electronic Equipment that have cate­ vided, the design of the equipment must be

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36----- 7 3176 PROPOSED RULE MAKING

such that, subsequent to the application of 2.6 Carrier noise level, a. If the AM (ii) There must be no evidence of ma­ the specified tests, no discernible condition mode of operation is provided, the demodu­ terials, such as grease or potting and sealing exists that would be detrimental to the con­ lated noise on the transmitter output must compounds, exuding or dripping from the tinued performance of the equipment. be at least 30 db below the demodulated equipment components. 2.0 MINIMUM PERFORMANCE STANDARDS UNDER output obtained when the output signal is (2) When the equipment is operated at STANDARD CONDITIONS modulated 85 percent at 1,000 cps. the high operating temperature as set forth The test procedures applicable to a deter­ b. If CW telegraphy mode of operation hi paragraph 4.2 of the FAA Environmental mination of the performance of transmitting is provided, the peak amplitude of the noise equipment including coupling units and on the transmitter output must not exceed (i) The requirements of paragraphs 21 definitions of terms, are set forth in Appendix 5 percent of the carrier amplitude. (rated power output), 2.4 (distortion), 2^6 A of this standard. c. If SSB mode of operation is provided, (carrier noise), 2.7 (keying) and 2.9c (cou­ 2.1 Rated power output, a. If amplitude the peak amplitude of the noise on the pler keying) must be met; and modulation (AM) mode of operation is pro­ transmitter output must not exceed 5 per­ (ii) All mechanical devices must operate vided, with carrier and both sidebands, the cent of the rf amplitude of the output signal, satisfactorily. The maximum time required transmitter must be capable of delivering an when an audio input signal of a frequency to effect a change in operating frequency unmodulated radio frequency power output of 2,000 cps and at a level producing an rf must not exceed 30 seconds. In the case of equal to or greater than the manufacturer’s output 6 db below rated PEP is applied. a transmitter designed to operate with an rated carrier power output. 2.7 Keying (CW telegraphy). When the antenna coupler, the time required for a b. If single sideband (SSB) mode of oper­ transmitter is designed to transmit cw sig­ change from one channel to another is the ation is provided, one sideband and sup­ nals, the output amplitude (rf voltage) must overall transmitter/coupler change time. pressed carrier, the transmitter must be ca­ change by at least 80 percent of its steady- c. Decompression (when required). When pable of delivering a peak envelope power state value within 1 to 10 milliseconds from the equipment is subjected to this test as (PEP) equal to or greater than the manu­ the beginning of the rise and decay portions set forth in paragraph 4.3 of the FAA En­ facturer’s rating. of each keying impulse. Any peaks and vironmental Test Procedures— 2.2 Residual radiation. When all sources troughs in each impulse must not differ in (1) The rated power output must not de­ of primary power are connected to the trans­ amplitude by more than 30 percent of the crease by more than 1.5 db below that re­ mitter but the microphone switch or the steady-state amplitude. This standard must quired by paragraph 2.1 (rated power out­ carrier control key is in the “OPEN” position, be met over the keying speed range of 200 put); the rf power output of the transmitter at the to 500 dots per minute. (2) The requirements of paragraph 2.4 carrier frequency must not exceed the follow­ 2.8 Channel selection time. The time (distortion) must be met; and ing values: required to change frodi one channel to (3) All mechanical devices must operate another must not exceed 30 seconds. In satisfactorily. CW Telegraph__ the case of a transmitter designed to operate d. Altitude. When the equipment is sub­ Break-in Opera­ with an antenna coupler, the time required jected to this test as set forth in paragraph tion ------— —— 10.02X 10-13 watts. for change from one channel to another is 4.3 of the FAA Environmental Test Pro­ SSB and AM Tele- ' the overall transmitter/coupler time. cedures— phone______J 2.9 Antenna coupling circuits and units— (1) The requirements of paragraph 2.1 CW Telegraph—_—j - At least 40 db less than a. Efficiency. The rf efficiency of antenna (rated power output) must be met; No Break-in------I the rf power output coupling circuits and units must be equal (2) There must be no evidence of corona Operation ------j with the key in the to or greater than the manufacturer’s rated or arcing when operated under the following J “DOWN” position. efficiency. jponditions: (i) Amplitude modulation. Without mod­ 2.3 Modulation capability. The trans­ b. Power rating. The rf power capability of antenna coupling circuits and units must ulation and with the maximum level of mod­ mitter’s output carrier must be capable of ulation for which the equipment is designed. being amplitude modulated at least 85 per­ be equal to or greater than the manufac­ turer’s power rating. (ii) Single sideband. With full rated cent by an audiofrequency input signal of Peak Envelope Power. 1,000 cps over the audio input voltage range c. Keying. When the circuits of antenna couplers are designed to be keyed for cw (3) Following the altitude test, the re­ for which the transmitter is designed. quirements of paragraph 2.7 (keying) must 2.4 Audiofrequency distortion. All noise operation, they must be capable of being be met. and distortion components in the output keyed at keying speeds over the range of 200 to 500 dots per minute. 3.2 Humidity. After subjection to this must be at least 25 db below the carrier at test as set forth in paragraph 5.0 of the FAA modulation frequencies of 400, 1,000 and 3.0 MINIMUM PERFORMANCE STANDARDS UNDER Environmental Test Procedures, and im­ 2,500 cps when the audio input is held con­ ENVIRONMENTAL CONDITIONS mediately following the 15-minute warm­ stant at that value producing at least 85 up period, the rf power output must not percent modulation at 1,000 cps. Unless otherwise specified, the test pro­ have decreased by more than 3 db below 2.5 Audiofrequency response, a. If the cedures applicable to a determination of the that specified in paragraph 2.1 (rated power AM mode of operation is provided, the per­ performance of this equipment under envi­ output). The transmitter must be capable centage of modulation of the output carrier ronmental conditions are set forth in the of being modulated at least 50 percent by must not vary more than 6 db when the Federal Aviation Agency Document, Envi­ a 1,000 cps audio signal. The requirements frequency of the audio input signal is varied ronmental Test Procedures for Airborne of paragraph 2.7 (keying) must be met, and over the range of 350 to 2,500 cps and the Electronic Equipment, set forth in TSO-C87. all mechanical devices must perform their level of the audio input signal is held con­ 3.1 Temperature-altitude. These tests intended functions. Within 4 hours from stant at that value which produces— are set forth in paragraph 4 of the FAA the time primary power is applied, the re­ (1) 85 percent modulation at the fre­ Environmental Test Procedures. quirements of paragraph 2.1 (rated power quency of maximum response; or a. Low temperature. When the equip­ output) and paragraph 2.3 (modulation (2) More than 85 percent modulation at ment is subjected to this test as set forth capability) must be met. All mechanical the frequency of maximum response when in Paragraph 4.1 of the FAA Environmental devices must perform their intended func­ this value is immediately below that at Test Procedures— tions. which clipping or limiting action occurs. (1) The rated power output must not de­ 3.3 Shock, a. Following the application b. If SSB mode of operation is provided, crease by more than 1.5 db below that re­ of the operational shocks as set forth in the output power of the transmitter must quired by paragraph 2.1 (rated power); paragraph 6 of the FAA Environmental Test not vary more than 6 db when the audio (2) The requirements of paragraphs 2.4 Procedures, the requirements of paragraph input level is held constant at a level pro­ (distortion), 2.6 (carrier noise), 2.7 (keying) 2.1 (rated power output) and 2.3 (modula­ ducing an output 6 db below rated PEP at and 2.9c (coupler keying) must be met; and tion capability) must be met. the frequency of maximum response and the b. Following the application of the crash audio input frequency is varied from 350 (3) All mechanical devices must operate safety shocks, the equipment must have re­ to 2,500 cps. satisfactorily. The maximum time required mained in its mounting, and no part of the to effect a change in operating frequency equipment or its mounting must have be­ c. If sidetone output is provided, its audio­ must not exceed 30 seconds. In the case of frequency response must not vary more than come detached and free of the shock test a transmitter designed to operate with an equipment. Paragraph 1.2 (effects of test) 10 db over the range of 350 to 2,500 cps when antenna coupler, the time required to change the level of the audio input to the trans­ does not apply. from one channel to another is the overall 3.4 Vibration. When the equipment is mitter is held constant at that value pro­ transmitter/coupler change time. ducing— subjected to this test as set forth in para­ b. High temperature. (1) When the graph 7 of the FAA Environmental Test Pro­ (1) 85 percent modulation at the fre­ equipment is operated at the high short- cedures— quency of maximum-response; or time operating temperature as set forth in a. The frequency of the rf output must not (2) More than 85 percent modulation at paragraph 4.2 of the FAA Environmental vary by more than 100 cps for amplitude the frequency of maximum response, when Test Procedures— modulation and cw operation, and by more this value is immediately below that at which (i) All mechanical devices must operate than 10 cps for single sideband operation; clipping or limiting action occurs. satisfactorily; and and

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3177

b The performance requirements of para­ equipment must not exceed those levels speci­ The resistance, capacitance, and induct­ graph 2.4 (distortion), 2.6 (carrier noise), fied in Appendix A of the FAA Environ­ ance specified for each test antenna are the 2.7 (keying) and 2.9c must be met. mental Test Procedures. Radiations may be values presented to the transmitter antenna 3.5 Temperature variation. When sub­ excluded from these requirements if they terminals. jected to this test, as set forth in paragraph are harmonically related to the selected If the above test antennas do not corre­ 8 of the FAA Environmental Test Procedures, channel frequency or are within the band of spond to a typical antenna for which the the frequency of the rf carrier must be with­ frequencies ±50 percent of the band of fre­ transmitter is designed, suitable test anten­ in 0.01 percent of the assigned frequency for quencies between adjacent channels. nas must be substituted and a description of the test antenna included with the perti­ AM, and within 20 cps of the specified carrier A p p e n d i x A frequency for SSB. nent data. 3.6 Power input test—a. Power Input 1.0 TEST CONDITIONS 1.8 Phantom Microphone. In the conduct of tests which require that an audiofrequency variation. When subjected to this test as set The following definitions of terms and forth in paragraph 9.1 of the FAA Environ­ signal be applied to the transmitter audio­ conditions of tests are applicable to the frequency input circuit, the signal must be mental Test Procedures— equipment tests specified herein: applied through a phantom microphone cir­ (1) The requirements of paragraph 2.4 1.1 Power Input Voltage. Unless other­ cuit having the impedance and direct current (distortion), and paragraph 2.6 (carrier wise specified, all tests must be conducted flow characteristic of the type of microphone noise), must be met; and with the power input voltage adjusted to de­ for which the transmitter is designed. (2) The carrier power output must not be sign voltage ± 2 percent. The input voltage 1.9 Single Sideband. The general term more than 1.5 db below that required by must be measured at the equipment power single sideband as used in this standard, un­ paragraph 2.1 (rated carrier power output). input terminals. less otherwise specified, applies to transmis­ b. Low voltage. (1) When the primary 1.2 Power Input Frequency. In the case power voltage(s) of DC operated equipment sions with the carrier suppressed at least 26 of equipment designed for operation from db. is 80 percent and when that of AC operated an AC power source of essentially constant equipment is 87 y2 percent of standard test 1.10 Amplitude Modulation. The general frequency (e.g., 400 cps), the input frequency term amplitude modulation as used in this voltage(s) the equipment must start and must be adjusted to design frequency ± 2 continue to operate electrically and mechani­ standard, unless otherwise specified, applies percent. In the case of equipment designed to transmissions with the carrier transmitted cally. Degradation of performance is per­ for operation from an AC power source of mitted; " • at a level between 3 to 6 db below peak en­ variable frequency (e.g., 300 to 1,000 cps), velope power. (2) The equipment must operate satisfac­ unless otherwise specified, test must be con­ torily within two (2) minutes upon return­ 1.11 Standard Two-Tone Test Signal. ducted with the input frequency adjusted The term standard two-tone test signal as ing the primary voltage (s) to normal after to within 5 percent of a selected frequency the gradual reduction of the primary power used in this standard applies to two equal and within the range for which the equip­ amplitude test tones so selected in frequency voltage(s) from 80 percent to 50 percent of ment is designed. the standard test voltage(s); and that their difference frequency, and 3rd order 1.3 Adjustment of Equipment. The cir­ distortion products are within the audio (3) The gradual reduction of the primary cuits of the equipment must be properly voltage(s) of DC operated equipment from aligned and otherwise adjusted for operation passband. 50 percent to 0 percent of the standard test on the specified frequency in accordance with 2.0 TEST PROCEDURES voltage(s) must produce no evidence of the the manufacturer’s recommended practices The test procedures set forth below are presence of fire or smoke. Paragraph 1.2 does prior to the application of the specified satisfactory for use in determining the per­ not apply. tests. formance of airborne radio communication 3.7 Conducted voltage transients, a. Fol­ 1.4 Antenna Accessories. Antenna im­ transmitting equipment operating within lowing the Intermittent Transient Test, as pedance matching and coupling components the radiofrequency range of 1.5 to 30 me. set forth in paragraph 10.0 of the FAA En­ supplied or recommended for use with the Test procedures which provide equivalent in­ vironmental Test Procedures, the perform­ equipment must be used in all tests requiring ance requirements of paragraph 2.1 (rated formation may be used. such components. 2.1 Rated Power Output. carrier power output), 2.3 (modulation capa­ 1.5 Ambient Conditions. Unless other­ bility), 2.4 (distortion), and 2.6 (carrier noise a. Amplitude Modulation (AM). With wise specified, all measurements must be con­ the transmitter operating, adjust the load­ level) must be met. Tests with negative ducted under conditions of ambient room transients are not required. ing of the final rf amplifier stage so that the temperature, pressure, and humidity. How­ normal input recommended by the manufac­ b. During the Repetitive Transients Test, ever, the ambient ‘room temperature must the performance requirements of paragraph turer for this stage is obtained. The carrier 2.6 (carrier noise level) must not be degraded not be less than 10° C. must be unmodulated throughout this test. more than 6.0 db. 1.6 Warm-up Period. Unless otherwise Observe the reading of the standard test specified, all tests must be conducted after antenna ammeter and compute the power 3.8 Conducted audiofrequency suscepti­ a period of operation at maximum duty cycle bility. When the equipment is subjected to output. The power output must be deter­ this test, as set forth in paragraph 11 of the of hot less than fifteen (15) minutes. The mined at each of the following frequencies “ON” and the “OFF” periods of the maximum within the range for which the transmitter FAA Environmental Test Procedures, the per­ duty cycle must be five (5) minutes each. formance requirements of paragraph 2.6 (car­ is designed: 1.5, 3, 5, 7, 10, 15, 20, 25, and rier noise level) must be met. k 1.7 Standard Test Antennas. Unless oth­ 30 megacycles. 3.9 Audiofrequency magnetic field sus­ erwise specified, the transmitter must be b. Single Sideband (SSB). With the ceptibility. When the equipment is sub­ loaded into a standard test antenna. The transmitter operating, apply a standard two- jected to this test, as set forth in paragraph constants of the standard test antenna must tone test signal at a level as recommended 12 of the FAA Environmental Test Proce­ be as follows— by the manufacturer. Adjust the transmit­ dures, the performance requirements of para­ a. For output circuits designed for a load ter controls as recommended by the manu­ graph 2.6 (carrier noise level) must be met. impedance which varies with frequency; facturer. Observe the reading of the stand­ 3.10 Radiofrequency susceptibility (radi­ and ' ard test antenna ammeter and compute the ated and conducted). a. When the equip­ 1. For frequencies of 3 me and below, use PEP output. The power output must be de­ ment is subjected to the radiated radio­ two test antennas, one having an rf resist­ termined at each of the following frequencies frequency susceptibility test, as set forth in ance of 3 ohms in series with a capacitance within the range for which the transmitter paragraph 13 of the FAA Environmental Test of 265 nut and the other having an rf re­ is designed: 1.5, 3, 5, .7, 10, 15, 20, 25, and Procedures, the performance requirements of sistance of 3 ohms in series with an induct­ ance of 24 /th; 30 megacycles. paragraph 2.6 (carrier noise level) must not 2.2. Residual Radiation. With all sources be degraded by more than 5 db. 2. For frequencies from 3 me to and in­ cluding 5 me, use two test antennas, one of primary power applied to the equipment b. When the equipment is subjected to the having an rf resistance of 300 ohms in series but with the microphone switch or the car­ conducted radiofrequency susceptibility test, with a capacitance of 13 /t/tf and the other rier control key in the “OFF” position, meas­ the performance requirements of paragraph having an rf resistance of 300 ohms in series ure the rf voltage across the transmitter out­ 2.6 (carrier noise level) must not be degraded with an inductance of 120 ah; and put and compute the power output. by more than 5 db. 3. For frequencies of 5 me and above, use 2.3 Modulation Capability. Apply to the 3.11 Explosion (when required). During a test antenna having an rf resistance of transmitter audio input, through a phantom the application of this test, as set forth in 3,000 ohms. microphone circuit, an audio signal having a paragraph 14 of the FAA Environmental Test b. For output circuits designed for use level at the transmitter input equal to the Procedures, the equipment must not cause with an external coupler" or an essentially m inim um input rating of the transmitter. detonation of the explosive mixture within constant load, the test antenna must be an Couple the vertical plates of an oscilloscope the test chamber. impedance having a resistance within 10 to a standard test antenna and adjust the 3.12 Emission of radiofrequency energy. percent and a reactance of not more than 10 oscilloscope so that the percentage modula­ Phe levels of conducted and radiated spuri­ percent of the load impedance for which the tion may be measured on the indicated en­ ous radiofrequency energy emitted by the equipment is designed. velope of the rf output.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3178 PROPOSED RULE MAKING

If the transmitter has a modulation gain peak envelope power at the following fre­ control, it should be adjusted to produce at quencies: 350, 700, 1,000, 1,500, 2,000, and least 85 percent modulation with an audio in. 2,500 cps. Also, determine the sidetone out­ FEDERAL COMMUNICATIONS put signal having a frequency of 1,000 cps put from the output meter. and a level, at the transmitter audio input, Repeat this test using an audio level at the COMMISSION equal to the minimum input level rating transmitter audio input equal to the maxi­ [ 47 CFR Part 73 ] of the transmitter. Measure the percentage mum input rating of the transmitter. When modulation. Repeat the entire procedure provisions are made for the use of alternate [Docket No. 17199, RM-1080; FCC 67-217] in this paragraph using an audio input sig­ types of microphones (i.e., carbon, single and nal level equal to the maximum input rat­ double button, dynamic, crystal, etc.), having UHF TELEVISION BROADCAST ing. When provision is made for the use different values of internal impedance and CHANNEL of alternate types of microphones (i.e., car­ output level, repeat this test for each type bon, single and double button, moving coil, of microphone, using equivalent phantom Table of Assignments; Hazard, Ky. crystal, etc.), having different values of in­ microphone circuits. ternal impedance and output level, conduct 2.6 Carrier Noise Level. 1. On December 9, 1966, Hazard Tele­ this test with the proper phantom micro­ a. Amplitude Modulation. Couple the ver­ vision Co., Inc., filed a petition for rule phone circuits for each type. making requesting the assignment of 2.4 Audiofrequency Distortion. If the tical plates of an oscilloscope to a standard transmitter has a modulation gain control, test antenna and adjust the oscilloscope so Channel 45 to Hazard, Ky. The peti­ it should be adjusted to produce at least 85 that the percentage of modulation may be tioner stated that the request was made percent modulation with an audio input sig­ measured on the envelope of the rf output. so that it might file application for au­ nal having a frequency of 1,000 cps and a Also, couple to the test antenna a diode thority to construct and operate a 100 level, at the transmitter audio input, equal detector with its output connected to a watt UHF television broadcast station to the maximum input rating of the trans­ distortion meter. in Hazard. Pursuant to a letter from the mitter. If the transmitter has a modulation gain Commission, dated January 5, 1967, ad­ Apply to the input of the phantom micro­ control, it should be adjusted to produce at ditional information was supplied as a phone circuit a 1,000 cps signal of sufficient least 85 percent modulation with an audio amplitude to produce 85 percent modulation input signal having a frequency of 1,000 cps suplement to the original petition. and with a spectrum analyzer, determine the and a level, at the transmitter input, equal 2. Hazard Television Co., Inc., operates amplitudes of distortion and noise compo­ to the minimum input rating of the a CATV system in Hazard providing re­ nents in the transmitter output. Repeat transmitter. ception of five TV broadcast stations with other audiofrequencies as required, Apply to the input of a phantom micro­ operating in four States. The closest of maintaining the audiofrequency input volt­ phone circuit a 1,000 cps signal of sufficient these stations is WCYB-TV, Channel 5, age constant at that value established for amplitude to produce 85 percent modulation. Bristol, Va., some 80 airline miles from 1,000 cps. Remove the audio signal and short circuit 2.5 Audiofrequency Response. the input of the phantom microphone cir­ Hazard. The other four stations were a. Amplitude Modulation. Couple the cuit. Determine from readings of the dis­ not named. According to the petitioner, vertical plates of an oscilloscope to a stand­ tortion meter, compliance with paragraph direct television reception is impossible ard test antenna and adjust the oscilloscope 2.6a. in Hazard and all TV reception is pro­ so that the percentage of modulation may be b. CW Telegraphy. Couple a diode detec­ vided by the CATV system. There are measured on the indicated envelope of the tor to the transmitter output. Connect an no authorized TV translators serving rf output. Also, couple a diode detector AC voltmeter and a DC voltmeter in parallel Hazard. Hazard Television Co., Inc., with its output connected to a vacuum tube across the detector load resistor. With the maintains studio facilities for the origi­ voltmeter to the test antenna. Connect an transmitter operating, read the AC and the nation of local programs over the CATV audio output meter to the sidetone output, DC voltmeters. The carrier noise level in and the phantom microphone circuit to the percent of carrier amplitude is: system. microphone input circuit. 3. The petitioner relates that Mr. If the transmitter has a modulation gain Peak AC volts Robert H. Smith, president of WCYB- control, it should be adjusted to produce, in DC volts X10° TV, recently visited Hazard, and after the output signal, at least 85 percent modu­ lation immediately below that at which c. Single Sideband. Apply to the input of observing the program originations on clipping or limiting takes place with an audio a phantom microphone circuit a single tone the CATV system commented on their input signal having a frequency of 1,000 cps at 2,000 cps of sufficient amplitude to create professional character and suggested the and a level, at the transmitter audio input, a peak envelope power of 6 db below rated possibility of a local TV station to serve equal to the minimum input level rating of output. Couple a diode detector to the local needs. The petitioner carefully the transmitter. transmitter output. Connect the AC volt­ weighed the suggestion and, drawing Apply to the microphone input circuit of meter and the DC voltmeter in parallel across the detector load resistor. With the trans­ upon some 16 years of experience in the the transmitter, through a phantom micro­ operation of the CATV system with 3 phone circuit, an audio signal having a level mitter operating, read the AC and the DC at the transmitter input equal to the mini­ voltmeters. Compute the noise level per­ years of local programing experience, mum input rating of the transmitter. Main­ centage as in 2.6 db above. concluded that the venture has reason­ tain the audio input level constant through­ 2.7 Keying (CW Telegraph). Couple the able prospect of success. The petitioner out the test. Determine compliance with vertical plates of the oscilloscope to a stand­ further states that as a life-long resident paragraph 2.5a at the following frequencies: ard test antenna and adjust the oscilloscope of Hazard, he is familiar with the prob­ 350, 700, 1,000, 1,500, 2,000, and 2,500 cps. so that the envelope of the rf output is indi­ lems and needs of the area and is in the Also, read the sidetone output on the audio cated. unique position of being able to serve power meter. Over the keying speed range of 200 to 500 Repeat this test using an audio level at dots per minute, observe the wave shape of these needs. the transmitter audio input equal to the the dots on the oscilloscope, measuring their 4. Hazard is situated in the southeast­ maximum input rating of the transmitter. rise and fall characteristics and amplitudes ern part of Kentucky, approximately 27 When provision is made for the use of alter­ of any peaks and troughs that may bejpres- miles from the Virginia State line, an nate types of microphones (i.e., carbon, sin­ ent. Also, determine whether any spurious area in which there are no large cities. gle and double button, dynamic, crystal, output is present during the spacing portion The 1960 U.S. Census reports the popula­ etc.), having different values of internal of the keying cycle. impedance and output level, repeat this test tion as 5,958. In the recent revision of for each type of microphone, using equivalent This amendment is proposed under the overall assignment plan for UHF phantom microphone circuits. the authority of sections 313(a) and 601 television broadcast channels, Channel b. Single Sideband. Couple to the test of the Federal Aviation Act of 1958 (49 35 was assigned to Hazard and reserved antenna a vacuum tube voltmeter. Connect U.S.C. 1354(a) and 1421). for educational use. No commercial as­ a phantom microphone circuit to the micro­ signments were made. The Kentucky phone input circuit. Apply to the phantom Issued in Washington, D.C., on Febru­ State Board of Education holds a con­ microphone circuit input a 1,000 cps audio ary 14,1967. struction permit for Channel 35. A day­ signal having a level at the microphone input J ames F. R udolph, time-only AM station, WKIC, and a Class equal to the minimum input rating of the Acting Director, transmitter. Adjust the transmitter to pro­ C FM broadcast station, WKIC-FM, op­ duce an output equal to 6 db below rated Flight Standards Service. erate in the community. Omission of PEP. Maintain the audio input level con­ [P.R. Doc. 67-1998; Filed, Feb. 21, 1967; : Hazard, insofar as a commercial T / stant throughout the test. Determine the 8:45 a.m.] channel assignment is concerned, was

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 PROPOSED RULE MAKING 3179 not a conclusion that such an assignment 5. Accordingly, pursuant to the au­ 7. In accordance with the provisions should not be made but merely a part thority contained in sections 4(i), 303, of § 1.419 of the rules, an original and of the general policy of awaiting the de­ and 307(b) of the Communications Act 14 copies of all written comments, re­ velopment of a demand before select­ of 1934, as amended, it is proposed to plies, pleadings, briefs, or other docu­ ing assignments for cities of less than amend the table of assignments in § 73.- ments shall be furnished the Commis­ 25,000 population. The showing made in 606(b) of the Commission rules by as­ sion. this petition appears to warrant the ini­ signing Channel 57 to Hazard, Ky. Adopted: February 15,1967. 6. Pursuant to applicable procedures tiation of rule making proceedings. The Released: February 17,1967. supply of available but unassigned UHF set out in § 1.415 of the Commission rules, channels is considered to be adequate interested parties may file comments on F ederal Communications to meet expected demands in this area. or before March 27,1967, and reply com­ Com m ission,1 However, based on the "criteria used-in ments on or before April 6,1967. All sub­ [seal] B en F. W aple, developing the overall UHF assignment missions by parties to this proceeding or Secretary. plan, Channel 57 is found to be a more by persons acting in behalf of such [F.R. Doc. 67-2036; Filed, Feb. 21, 1967; efficient assignment than Channel 45. parties must be made in written com­ 8:47 a.m.] Technical differences between Channels ments, reply comments or other appro­ 45 and 57 are indiscemable. priate pleadings. 1 Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3180 Notices

The areas described aggregate approx­ ington, D.C., or may be obtained by DEPARTMENT OF THE INTERIOR imately 15 acres in Clackamas County. writing to the Director, Division of State Bureau of Land Management I rving S enzel, and Licensee Relations, U.S. Atomic Energy Commission, Washington, D.C. {Oregon 013665] Assistant Director, Lands and Minerals. 20545. All interested persons desiring OREGON [F.R. Doc. 67-2002; Filed, Feb. 21, 1967; to submit comments and suggestions for 8:45 a.m.] the consideration of the Commission in Notice of Proposed Withdrawal and connection with the proposed agreement Reservation of Lands should send them, in triplicate, to the Secretary, U.S. Atomic Energy Commis­ F ebruary 16, 1967. ATOMIC ENERGY COMMISSION sion, Washington, D.C. 20545, within 30 The Department of Agriculture has days after initial publication in the filed an application, Serial No. Oregon [Docket Nos. 50-254, 50-265] F ederal R egister. 013665, for the withdrawal of lands de­ COMMONWEALTH EDISON CO. Exemptions from the Commission’s scribed below, from all forms of appro­ regulatory authority which would imple­ priation under the public land laws, Notice of Issuance of Provisional ment this proposed agreement, as well as including the mining laws but not the Construction Permits other agreements which may be entered mineral leasing laws, subject to valid into under section 274 of the Atomic existing rights. Please take notice that, pursuant to the initial decision of the Atomic Safety Energy Act, as amended, were published The applicant desires the land for as Part 150 of the Commission’s regula­ public purposes as a campsite in the and Licensing Board, dated February 14, tions in F ederal R egister issuances of Mount Hood National Forest. 1967, the Director of the Division of Reactor Licensing has issued Provisional February 14, 1962, 27 F.R. 1351; Septem­ For a period of 30 days from the date ber 22, 1965, 30 F.R. 12069; and March of publication of this notice, all persons Construction Permits Nos. CPPR-23 and CPPR-24 to Ccmmonwealth Edison Co. 19, 1966, 31 F.R. 4668. In reviewing this who wish to submit comments, sugges­ proposed agreement, interested persons tions, or objections in connection with for the construction of two boiling water nuclear reactors, designated respectively should also consider the aforementioned the proposed withdrawal may present exemptions. their views in writing to the Manager, as Quad-Cities Units 1 and 2, to be Land Office, Bureau of Land Manage­ located at Commonwealth Edison Co.’s Dated at Washington, D.C., this 6th ment, Department of the Interior, Post Quad-Cities Station in Rock Island day of February 1967. County, 111., approximately 3 miles north Office Box 2965, Portland, Oreg. 97208. For the Atomic Energy Commission. The authorized officer of the Bureau of of Cordova, 111. Land Management will undertake such A copy of the initial decision is on file W. B. McCool, investigations as are necessary to deter­ in the Commission’s Public Document Secretary. mine the existing and potential demand Room, 1717 H Street NW., Washington, P roposed Agreement B etw een th e U.S. for the lands and their resources. He D.C. Atom ic E nergy Co m m issio n and th e State will also undertake negotiations with the op Arizona for D iscontinuance of Certain Dated at Bethesda, Md., this 15th Co m m issio n R egulatory Authority and applicant agency with the view of ad­ day of February 1967. R esponsibility W it h in t h e State P ursu­ justing the application to reduce the area For the Atomic Energy Commission. ant to Section 274 of t h e Atomic E nergy to the minimum essential for the maxi­ Act o f 1954, as Amended mum concurrent utilization of the lands P eter A. Morris, Whereas, the U.S. Atomic Energy Commis­ for purposes other than the applicant’s, Director, sion (hereinafter referred to as the Commis­ to eliminate lands needed for purposes Division of Reactor Licensing. sion) is authorized under section 274 of the more essential than the applicant’s, and [F.R. Doc. 67-1995; Filed, Feb. 21, 1967; Atomic Energy Act of 1954, as amended to reach agreement on the concurrent 8:45 a.m.] (hereinafter referred to as the Act) to enter management of the lands and their into agreements with the Governor of any resources. State providing for discontinuance of the regulatory authority of the Commission He will also prepare a report for con­ STATE OF ARIZONA within the State under Chapters 6, 7, and sideration by the Secretary of the In­ 'Proposed Agreement for Assumption 8 and section 161 of the Act with respect to terior who will determine whether or not byproduct materials, source materials, and the lands will be withdrawn as requested of Certain AEC Regulatory Authority special nuclear materials in quantities not by the Department of Agriculture. Notice is x hereby given that the U.S. sufficient to form a critical mass; and The determination of the Secretary Atomic Energy Commission is publishing Whereas, the Governor of the State of on the application will be published in Arizona is authorized under Chapter 4, Title for public comment, prior to action there­ 30 of the Arizona Revised Statutes to enter the F ederal R egister. A separate on, a proposed agreement received from into this Agreement with the Commission; notice will be sent to each interested the Governor of the State of Arizona for and party of record. the assumption of certain of the Com­ Whereas, the Governor of the State of Ari­ If circumstances warrant it, a public mission’s regulatory authority pursuant zona certified on January 20, 1967, that the hearing will be held at a convenient time to section 274 of the Atomic Energy Act State of Arizona (hereinafter referred to as and place which will be announced. of 1954, as amended. the State) has a program for the control of radiation hazards adequate to protect the The lands involved in the application A resumé, prepared by the State of public health and safety with respect to the are: Arizona and summarizing the State’s materials within the State covered by this M o u n t H ood National F orest proposed program, was also submitted to Agreement, and that the State desires to as­ sume regulatory responsibility for such ma­ WILLAMETTE MERIDIAN the Commission. With the exception of referenced Appendices A through E and terials; and Bear Paw Forest Camp Chart 1, this resumé is set forth below Whereas, the Commission found on ______that the program of the State T. 5 S., R. 9 E., as an appendix to this notice. A copy of for the regulation of the materials covered Sec. 3, SE14SW14SE14SE14 and SW^SEV4 the program, including proposed Arizona by this Agreement is compatible with the SE14SE14; regulations, is available for public inspec­ Commisison’s program for the regulation of Sec. 10, Wi/2NEi4NE^NEi4 and Ey2NW% tion in the Commission’s Public Docu­ such materials and is adequate to protect NE%NE%. ment Room, 1717 H Street NW., Wash­ the public health and safety; and

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3181

informed of proposed changes in their re­ Committee, composed of representatives Whereas, the State and the Commission from the State’s universities, industry, the recognize the desirability and importance spective rules and regulations and licensing, inspection and enforcement policies and cri­ medical profession, the military and the of cooperation between the Commission and Governor’s Office. As a result of the efforts the State in the formulation of standards for teria, and to obtain the comments and assist­ ance of the other party thereon. of this Committee, plus many others, the orotection against hazards of radiation and legislation was enacted in 1964 which added in assuring that State and Commission pro­ Art. VI. The Commission and the State agree that it is desirable to provide for recip­ Chapter 4 to Title 30 of the Arizona Revised grams for protection against hazards of ra­ Statutes. A copy of this legislative act is diation will be coordinated and compatible; rocal recognition of licenses for the mate­ rials listed in Article I licensed by the other included as Appendix A. The Arizona Atomic Energy Commission ^Whereas, the Commission and the State party or by any agreement state. Accord­ ingly, the Commission and the State agree (AAEC) held its first formal meeting on recognize the desirability of reciprocal rec­ July 23, 1964. Since that date the AAEC ognition of licenses and exemption from li­ to use their best efforts to develop appro­ priate rules, regulations, and procedures by has been preparing for the initiation of the censing of those materials subject to this Arizona radiation control program, as well Agreement; and which such reciprocity will be accorded. Whereas, this Agreement is entered into Art. VII. The Commission, upon its own as performing various other functions in the pursuant to the provisions of the Atomic initiative after reasonable notice and op­ areas of atomic energy development and Energy Act of 1954, as amended; portunity for hearing to the State,, or upon public education. Now, therefore, it is hereby agreed be­ request of the Governor of the State, may The Arizona State Department of Health tween the Commission and the Governor of terminate or suspend this Agreement and (ASDH) has been active in the field of radio­ the State, acting in behalf of the State, as reassert the licensing and régulatory author­ logical health since 1956, when an air sam­ follows: ity vested in ft under the Act if the Com­ pling station was established in Phoenix. Article I. Subject to the exceptions pro-r mission finds that such termination or sus­ This station is operated by the Radiological vided in Articles II, HI, and IV, the Commis­ pension is required to protect the public Health Section of the ASDH under the spon­ sion «hail discontinue, as of the effective date health and safety. sorship of the U.S. Public Health Service. of this Agreement, the regulatory authority Art. VIII. This Agreement shall become ef­ The ASDH is also cooperating with the U.S. of the Commission in the State under Chap­ fective on May 15, 1967, and shall remain in Public Health Service by sending them sam­ ters 6, 7, and 8, and section 161 of the Act effect unless, and until such time as it is ples of human blood and hair for the de­ with respect to the following materials: terminated pursuant to Article VII. termination of strontium-90 content and is A. Byproduct materials; Done at Phoenix, State of Arizona, in trip­ participating in a nationwide Public Health B. Source materials; and licate, th is -----day o f ------1967. Service study to establish a baseline of radi­ C. Special nuclear materials in quantities For the United States Atomic Energy Com­ ation contamination of foodstuffs. not sufficient to form a critical mass. mission. In 1962 a survey program was initiated • Art. II. This Agreement does not pro­ by the Radiological Health Section of the vide for discontinuance of any authority and For the State of Arizona. ASDH to evaluate the radiation safety of the Commission shall retain authority and J ack W illia m s, X-ray departments in all non-Federal hospi­ responsibility with respect to regulation of: Governor. tals of the State. Handbook 76 of the Na­ A. The construction and operation of any tional Bureau of Standards, “Medical X-ray production or utilization facility; P olicies and P rocedures for t h e Control of Protection up to Three Million Volts,” has B. The export from or import into the I o n izin g R adiation been used as the standard in evaluating this United States of byproduct, source, or special foreword equipment. At least two surveys of the nuclear material, or of any production or X-ray equipment in each of the 70 hospitals utilization facility; This narrative describes the policies and have been made to date in this continuing C. The disposal into the ocean or sea of procedures of the State of Arizona relating activity. An analysis of the findings shows byproduct, source, or special nuclear waste to the control of ionizing radiation in the the following improvements: materials as defined in regulations or orders State. The radiation control program will of thè Commission; be administered by the Arizona Atomic En­ D. The disposal of such other byproduct, ergy Commission. Assistance in the admin­ In Compliance— source, or special nuclear material as the istration of the program will be provided by Commission from time to time determines by the Arizona State Department of Health. Percent Percent . 1962-63 1964-65 regulation or order should, because of the AUTHORITY hazards or potential hazards thereof, not be so disposed of without a license from the Section 274 of the Atomic Energy Act of 63 83 Commission. 1954, as amended, authorizes the U.S. Atomic 62 86 59 89 Art. III. Notwithstanding this Agree­ Energy Commission to enter into an agree­ 60 90 ment, the Commission may from time to time ment with the Governor of a State for pur­ 78 96 by rule, regulation, or order, require that the poses of transferring to that State certain manufacturer, processor, or producer of any functions of licensing and regulatory control equipment, device, commodity, or other of byproduct, source and special nuclear The Radiological Health Section has also product containing source, byproduct, or material. This transfer is made after the Initiated a county-by-county program for special nuclear material shall not transfer determination by the U.S. Atomic Energy surveying all X-ray machines used in the possession or control of such product except Commission that the State has the compe­ healing arts. This program has received ex­ pursuant to a license or an exemption from tency to administer a licensing and regula­ cellent cooperation from the professions, and licensing issued by the Commission. tory program. essentially all of the machines in 5 of Ari­ Art. IV. This Agreement shall not af­ Chapter 4, Title 30, of the Arizona Revised zona’s 14 counties have been surveyed. fect the authority of the Commission under Statutes authorizes the Governor of Ari­ Each visit is documented by a letter to the subsection 161 b. or i. of the' Act to issue zona, on behalf of that State, to enter into owner or user, indicating any defects found. rules, regulations, or orders to protect the an agreement with the Federal Government The ASDH has conducted a survey of common defense and security, to protect re­ providing for discontinuance of certain of dental X-ray machines, using a special stricted data or to guard against the loss or the Federal Government’s responsibilities mailed film packet (the “Surpak”) supplied diversion of special nuclear material. with respect to sources of ionizing radiation by the Division of Radiological Health, U.S. Art. V. The Commission will use its best and the assumption thereof by the State Public Health Service. This survey was re­ efforts to cooperate^ with the State and other of Arizona. sponded to by 450 of the 500 dentists in agreem ent states in the formulation of Chapter 4, Title 30, Arizona Revised Stat­ Arizona. Over 90 percent of the machines standards and regulatory programs of the utes, further authorizes the Arizona Atomic were found to be in good Condition. Per­ State and the -Commission for protection Energy Commission to adopt, administer and sonnel of the Radiological Health Section against hazards of radiation and to assure enforce rules and regulations for the control are now making physical surveys of the de­ that State and Commission programs for pro­ of ionzing radiation in Arizona. fective units, installing filters and colli­ tection against hazards of radiation will be The authority for the Arizona State De­ mators, and discussing radiological health coordinated and compatible. The State will partment of Health to assist in the adminis­ with each dentist. use its b e st efforts to cooperate with the Com­ tration of the radiation control program is The Radiation Control Specialist of the mission and other agreement states in the contained in Chapter 1, Title 36, Arizona AAEC, while with the ASDH, has accom­ formulation of standards and regulatory Revised Statutes, which gives the Health program s of the State and the Commission Department the general responsibility for panied U.S. Atomic Energy Commission for protection against hazards of radiation protecting the health of the people of the inspectors on most of the compliance inspec­ and to assure that the State’s program will State of Arizona. tions in Arizona since 1961. The Director continue to be compatible with the program HISTORY of the AAEC accompanied a U.S. Atomic of th e Commission for the regulation of like materials. The State and the Commission In 1960, Governor Paul Fannin of Arizona Energy Commission inspector on his inspec­ will use their best efforts to keep each other established a Governor’s Atomic Energy tions in Phoenix in June of 1966.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3182 NOTICES

ORGANIZATION AND STAFF RESPONSIBILITIES Item Quantity Licensing of radiation machines will not An organization chart showing the lines Arizona State Department of Health, be required. However, the owner or person of responsibility in the Arizona radiation Radiological Health Section: having possession of any radiation m achine control program is shown as Chart I. Decontamination kit, Tracerlab will be required to register such machine There are 12 AAEC Commissioners, 10 of “DK-Kit” ______2 with the AAEC. whom are appointed by the Governor with Geigfer Counter, Eberline Model the advice and consent of the State Senate. E-500B______l INSPECTIONS The other two are the Director of the Ari­ X-ray safety survey kit, P.H.S., com­ Periodic inspections of licensees and reg­ zona Development Board and the Commis­ plete with survey meter, Nucor istrants will be conducted. Most inspections sioner of the Arizona State Department of Model CS-40A, Victoreen condens­ will be announced, but some will be made Health. The Commissioners have the fol­ er R-meter, lead apron, calibrated on an unannounced basis. The normal fre­ lowing broad responsibilities in the radia­ fluorescent screens, etc______1 quency of inspection is listed below: Survey meter, Victoreen Thyac II, tion control program: Broad licenses------Once each 12 (a) Establish policy, objectives and goals. with G.M. probe and 1% inches x (b) Review, approve and audit the pro­ 1 inch scintillation probe______2 months. 9-foot extension arm for above sur­ Specific licenses : gram. Waste disposal services. Once each 6 (c) Make recommendations to t h e vey meters..______1 Portable gas proportional alpha months. Governor. Industrial radiography. Once each 12 Legal counsel is supplied to the AAECT by counter, Eberline Model PAC-4G__ 1 Air Sampler, Roots-Connersville months. the Arizona Attorney General’s Office. Other industrial______Once each 24 The Director of the AAEC is appointed by blower, 1 y2 hp. electric motor, P.H.S. assembly, for 4-inch di­ months. the AAEC Commissioners and has general Medical______Do. responsibility for the administration of the ameter filter______1 Continuous recording alpha-beta air Academic...______Do. State’s radiation control program. He will Other------Based on hazards review all radioactive material licenses is­ monitor, Eberline Model AIM-3__ 1 sued by the AAEC. The Radiation Control Dosimeter, Nuclear-Chicago Model associated with Specialist reports to the Director and has NO—402, range 0-200 mR______- 5 licensee’s pro­ Reader-charger for above dosimeter. 1 gram. the direct responsibility for administering Registered facilities_____ Based on hazards the radiation control program. He will be The equipment belonging to the Arizona associated with responsible for the technical evaluation of Atomic Energy Commission is located at its registrant’s pro­ applications for radioactive material licenses, offices at 40 East Thomas Road, Suite 107, gram. and for the preparation of licenses. He will Phoenix; that of the Arizona State Depart­ also be responsible for handling the regis­ ment of Health at the office of its Division Inspection visits will usually include a tration of radiation machines. The full­ of Environmental Health, Fifth Floor, 14 comprehensive review by the inspector of the time AAEC staff will initially consist of the North Central Avenue, Phoenix. following: (1) The licensee’s or registrant’s Director, the Radiation Control Specialist, equipment and facilities; (2.) the licensee’s and the Secretary to the Director. LABORATORY SUPPORT handling and storage of radioactive material; The Arizona State Department of Health The Laboratory Division of the Arizona (3) personnel safety procedures; (4) survey (ASDH) will provide assistance to the AAEC State Department of Health is available to methods and results; (5) personnel moni­ In the administration of the Arizona radia­ assist in the State’s radiation control pro­ toring practices and results; (6) posting and tion control program. The Director of the gram. This Laboratory has a proportional labeling used; (7) training of personnel; and Division of Environmental Health of the flow counting system for measuring alpha (8) records and recordkeeping procedures. ASDH will maintain close liaison with the and beta activities. The inspector may make measurements of Director of the AAEC in implementing this Laboratory facilities at the University of radiation levels. Before 4;he termination of assistance. A copy of the formal agreement Arizona and Arizona State University-are also each inspection, the inspector will meet with between the AAEC and the ASDH for co­ available when needed These facilities in­ the management to discuss the results of operation in the radiation control program clude various counting systems and several his inspection. At this time he will present is included as Appendix B. multichannel analyzers. tentative oral recommendations or sugges­ tions, and will answer questions concerning Personnel of the Radiological Health Sec­ RADIATION PROTECTION STANDARDS tion of the ASDH will be responsible for the regulatory program. conducting inspections of licensees and In the preparation of the Arizona Atomic A comprehensive written inspection report Energy Commission (AAEC) Regulations for will be made to the Director of the AAEC. registrants, under the immediate direction of the control of Ionizing Radiation, care has the Radiation Control Specialist, AAEC. The report will mention violation, if any, been taken to insure uniformity with regu­ and will include both the oral recommenda­ The staff of the Radiological Health Section lations of the U.S. Atomic Energy Commis­ will initially consist of a health physicist,' a tions which have been made to the licensee sion and other States having regulatory or registrant, and any additional recom­ radiological health technician, and a secre­ agreements with the U.S. Atomic Energy tary. The ASDH expects to hire an addi­ mendations considered appropriate. tional health physicist later in 1967. Commission. Standards to be followed in Arizona law provides for steps which may Arizona conform to those adopted by other be taken when users refuse access for inspec­ The present combined staffs of the AAEC agreement States. The limits of exposure tion purposes. and the Radiological Health Section of the to radiation are consistent with those recom­ ASDH are felt to be adequate for initiating mended by the Federal Radiation Council. c o m p l i a n c e a n d enforcement the Arizona radiation control program. Ap­ Regulations on shielding and other protec­ propriate job descriptions axe given in Ap­ tive features of X-ray installations conform Reports of inspections of licensees’ and pendix C. Résumés of the personnel pres­ to those recommended in the National Bu­ registrants* activities will be evaluated to de­ ently employed are given in Appendix D. reau of Standards Handbook No. 76. termine radiation safety and compliance A Medical Advisory Committee has been with the AAEC’s regulatory requirements. appointed by the AAEC. This Committee, LICENSING AND REGISTRATION If no items of noncompliance are observed, composed of physicians knowledgeable in A general or specific license will be re­ the person will be so informed in writing. the clinical and investigational uses of quired for the use of all radioactive ma­ For minor items of noncompliance which the radioisotopes and other ionizing radiation, terials except those which are exempt by law licensee or registrant has agreed to correct will be available to advise the AAEC on or regulations. The procedures and regu­ at the time of the inspection, a letter of noti­ medical uses of radiation. The composition lations for licensing will be similar to those fication will be sent informing the licensee of the Medical Advisory Committee is given employed by the U.S. Atomic Energy Com­ or registrant of the items of noncompliance in Appendix E. Other advisory groups will mission. The principal difference will be the and stating that corrective action will be re­ be established as the need arises. requirement for licensing the use of nat­ viewed during the next inspection. EQUIPMENT FOR RADIATION MONITORING urally occurring radioisotopes and other If the inspection reveals items of non- radioisotopes not produced in nuclear re­ compliance of a more serious nature, the The following radiation monitoring equip­ actors. Licenses will be issued on a routine licensee or registrant will be informed by ment is available for use in the radiation basis by the AAEC, provided the applicant letter of the items of noncompliance and control program : meets the requirements outlined in sections directed to reply within a specified time as Item Quantity B.25 and B.26 of the AAEC Regulations. In to the corrective action taken and the date Arizona Atomic Energy Commission: the review of nonroutine or unusual human completed. A followup inspection may be Geiger Counter, Eberline Model uses, the Medical Advisory Committee will made to determine compliance, or the mat­ E -510______1 be called upon for its advice prior to issuance ter may be reviewed during the next regular Dosimeter, Landsverk Model L-50, of a license. Other consultants at the local inspection to ensure that the corrective ac­ range 0-200 mR______A______5 or national level will be employed if needed. tion has in fact been accomplished. Reader-charger for above dosim­ Provisions are made for reciprocal recogni­ The AAEC will use its best efforts to at­ eter______1 tion of licenses issued by the U.S. Atomic tain compliance through cooperation and Radalert, beta-gamma, Physics In­ Energy Commission and other agreement education. However, the AAEC may amend, ternational Model 2000______2 States. suspend or revoke a license in the event of FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3183 continuing refusal of the licensee to comply Further, the agreement amends the 1967, at 10 a.m., in Room 911, Universal „ith terms and conditions of the license or description under Item 4318 by the in­ Building, Connecticut and Florida Ave­ the AAEC Regulations, or failure to take ade­ clusion of “typewriter ribbons/tapes nues NW., Washington, D.C., before Ex­ quate corrective action concerning items of whether or not spools.” * Additionally, it aminer Ralph L. Wiser. noncompliance. In the event that any of This is an investigation instituted by these actions are taken, the licensee will be should be noted that while the agreement afforded the opportunity for a hearing before incorporates a commodity rate increase, the Board to determine whether the the Commissioners of the AAEC. the new rate represents a 33.3 percent re­ rates, charges, and provisions described If the AAEC finds that an emergency exists duction from the otherwise applicable in Appendix A of Order E-24491, dated requiring immediate action to protect public general cargo rate. December 7, 1966, and the rules, regula­ health and safety, it may issue an order or The Board, acting pursuant to sections tions, and practices affecting such rates, regulation to meet the emergency situation. 102, 204(a) and 412 of the Act, does not charges, and provisions, are and will be Any person to whom such order or regula­ find the subject agreement to be adverse unlawful, and if found to be unlawful, to tion is directed is required to comply there­ to the public interest or in violation of determine and prescribe the lawful rates, with immediately, but on application to the charges, and provisions and rules, regula­ AAEC shall be afforded a hearing within 5 the Act, provided that approval thereof days. On the basis of such hearing, the is conditioned as hereinafter ordered. tions, or practices. The traffic concerned emergency order or regulation shall be con­ Accordingly, it is ordered, That Agree­ is the transportation of live animals and tinued, modified or revoked within 30 days ment CAB 19276, R-l through R-8, be birds. after such hearing. Any orders of the AAEC approved, provided that approval shall For further details with respect to the shall be subject to judicial review as pro­ not constitute approval of the specific issues involved in this proceeding, inter­ vided by Arizona Statutes. commodity descriptions contained there­ ested persons are referred to the orders Upon the request of the AAEC, a court in for purposes of tariff publication. and notices entered by the Board and the order directing a person to comply with Chap­ Any air carrier party to the agreement, examiner, the documents filed by the ter 4, Title 30 of the Arizona Revised Statutes or any interested person, may, within 15 parties, and the examiner’s prehearing or the AAEC Regulations, or enjoining a conference report served January 18, practice in violation of these Statutes or days from the date of service of this or­ Regulations, may be sought by the Attorney der, submit statements in writing con­ 1967, all of which are on file with the General in an appropriate court. taining reasons deemed appropriate, Docket Section of the Civil Aeronautics Board. [P.R. Doc. 67-1550; Piled, Feb. 7, 1967; together with supporting data, in sup­ 8:50 a.m.] port of or in opposition to the Board’s Notice is further given that any person action herein. An original and nineteen other than the parties of record desiring copies of the statements should be filed to be heard in this proceeding shall file with the Board’s Docket Section. The with the Board on or before March 9, CIVIL AERONAUTICS BOARD Board may, upon consideration of any 1967, a statement setting forth the issues such statements filed, modify or rescind of fact or law raised by this proceeding [Docket No. 16236; Order E-24759] its action herein by subsequent order. which he desires to controvert. INTERNATIONAL AIR TRANSPORT This order will be published in the Dated at Washington, D.C., February ASSOCIATION Federal R egister. 16, 1967. By the Civil Aeronautics Board. [ seal] R alph L. Wiser, Order Regarding Specific Commodity Hearing Examiner. Rates [ seal] Harold R. Sanderson, Secretary. [F.R. Doc. 67-2045; Filed, Feb. 21, 1967; 8:48 a.m.] Adopted by the Civil Aeronautics [F.R. Doc. 67-2043; Filed, Feb. 21, 1967; Board at its office in Washington, D.C., 8:48 a.m.] on the 16th day of February 1967. Agreement adopted by Joint Con­ [Docket No. 18016] FEDERAL COMMUNICATIONS ferences 1-2, 3-1, and 1-2-3 of the In­ MARTIN’S LUCHTVERVOER MAAT- ternational Air Transport Association SCHAPPIJ N. V. (MARTIN’S AIR COMMISSION relating to specific commodity rates; Docket 16236, Agreement CAB 19276, ^ CHARTER CO.) [Docket Nos. 17178-17180; FCC 67M-255] R-l through R-8. Notice of Postponement of Hearing LAWRENCE COUNTY BROADCASTING An agreement has been filed with the Notice is hereby given, pursuant to the CORP. ET AL. Board, pursuant to section 412(a) of the provisions of the Federal Aviation Act of Order Scheduling Hearing Federal Aviation Act of 1958 (the Act) 1958, as amended, that hearing in the and Part 261 of the Board’s Economic above-entitled proceeding is postponed to In re applications of Lawrence County Regulations, between various air car­ be held on March 23,1967, at 10 a.m., l.t., Broadcasting Corp., New Castle, Pa., riers, foreign air carriers, and' other car­ in Room 911, Universal Building, Con­ Docket No. 17178, File No. BP-16602; riers, embodied in the resolutions of Joint necticut and Florida Avenues NW„ Brownsville Radio, Inc., Brownsville, Pa., Conferences 1-2, 3-1, and 1-2-3 of the Washington, D.C., before the under­ Docket No. 17179, File No. BP-16648; International Air Transport Association signed Examiner. Shawnee Broadcasting Co., Aliquippa, (IATA), and adopted pursuant to the Pa., Docket No. 17180, File No. BP- Provisions of Resolution 590 dealing with Dated at Washington, D.C., February 16880; for construction permits. 16, 1967. specific commodity rates. It is ordered, This 13th day of Feb­ The agreement, adopted pursuant to [seal] Walter W. B ryan, ruary 1967, that Chester F. Naumowicz, unprotested notices to the carriers and Hearing Examiner. Jr., shall serve as Presiding Officer in the Promulgated in IATA letters*1* as set [F.R. Doc. 67-2044; Filed, Feb. 21, 1967; above-entitled proceeding; that the forth in the attachment hereto,ib (1) in­ 8:48 a.m.] hearings therein shall be convened on creases a rate under an existing com­ April 19, 1967, at 10 a.m.; and that a modity description, (2) names rates [Docket No. 18014] prehearing conference shall be held on under existing commodity descriptions, MINIMUM RAILWAY EXPRESS March 24, 1967, commencing at 9 a.m.; and (3) names rates under a new com­ And it is further ordered, That all pro­ modity description. The latter two pro­ CHARGES FOR LIVE ANIMALS AND ceedings shall 'be held in the offices of posals reflect reductions ranging from BIRDS the Commission, Washington, D.C. 26 6 to 76.5 percent and are consistent Notice of Hearing with the present level of specific com­ Released: February 16, 1967. modity rates within the applicable areas. Notice is hereby given, pursuant to the F ederal Communications Federal Aviation Act of 1958, as amended, Commission, [ seal] B en F. W aple, IATA letters dated Dec. 15 and 22, 1966, that the above-entitled proceeding is and Jan. 12,1967. hereby assigned for hearing on March 16, Secretary. Uocumem^ent filed as part of original [F.R. Doc. 67-2037; Filed, Feb. 21, 1967; 2R-3. 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36----- 8 3184 NOTICES

[Docket No. 17175; PCC 67M-257] has been shown for a grant of said re­ tion would occur. The antenna site of NORMAN W. HENNIG quested relief; WKST is located 4 miles east of the It is ordered, This 16th day of Febru­ proposed site and that fact combined Order Scheduling Hearing ary 1967, that the above-mentioned letter with the relatively short distance (17 8 request of Tennessee Valley, be, and the In re application of Norman W. Hen- miles) over which the measurements same is, hereby granted, and that the were made compel the conclusion that nig, Tucumcari, N. Mex., Docket No. dates heretofore agreed upon for the ex­ 17175, Pile No. BP-15523; for construc­ .the applicant has failed to demonstrate change of 307(b) exhibits and engineer­ that the submitted data adequately tion permit. ing materials, as well as all other dates It is ordered, This 13th day of Feb­ establish the value of conductivity over herein, are hereby extended to dates to the pertinent path. Thus, the presump­ ruary 1967, that H. Gifford Irion shall be set forth in the subsequent order of serve as Presiding Officer in the above- tion still applies and an issue with re­ the Examiner disposing of the aforesaid spect thereto will be included. entitled proceeding; that the hearings petition for leave to amend. therein shall be convened on April 19, 4. Site photographs submitted by 1967, at 10 a.m.; and that a prehearing Released: February 17, 1967. Shawnee Broadcasting Co. disclose the conference shall be held on March 17, presence of steel structures in the vicin­ F ederal Communications ity of the proposed transmitter site. 1967, commencing at 9 a.m.; And, it is Commission, further ordered, That all proceedings Therefore, in case of grant of this ap­ [ seal ] B en F. Waple, plication, measurement data would ap­ shall be held in the offices of the Com­ Secretary. mission, Washington, D.C. pear necessary to establish that the radi­ [F.R. Doc. 67-2039; Piled, Peb. 21, 1967; ation pattern is essentially nondirec- Released: February 16, 1967. 8:47 ajn.] tional as proposed. F ederal Communications 5. Except as indicated by the issues Commission, [Docket Nos. 17178-17180; PCC 67-185] specified below, each of the applicants [seal] B e n F.W aple, LAWRENCE COUNTY BROADCASTING is qualified to construct, own and operate Secretary. the stations as proposed, but in view of CORP. ET AL. the fact that the proposals are mutually [F.R. Doc. 67-2038; Piled, Peb. 21, 1967; Memorandum, Opinion and Order exclusive, they must be designated for 8:47 a.m.] hearing in a consolidated proceeding on Designating Applications for Con­ the issues set forth below. [Docket Nos. 17058-17060; FCC 67M-283] solidated Hearing on Stated Issues 6. Accordingly, it is ordered, That, In re applications of Lawrence County pursuant to section 309(e) of the Com­ FINE MUSIC, INC. (WFMI), ET AL. Broadcasting Corp., New Castle, Pa., re­ munications Act of 1934, as amended, Order Regarding Procedural Dates quests 1140 kc, 5 kw, DA-D, Class n , the applications are designated for hear­ Docket No. 17178, File No. BP-16602; ing in a consolidated proceeding, at a In re applications of Fine Music, Inc. Brownsville Radio Inc* Brownsville, Pa., time and place to be specified in a subse­ (WFMI), Montgomery, Ala., docket No. requests 1130 kc, 1 kw, Day, Class II, quent order, upon the following issues: 17058, File No. BP-16502; Tennessee Val­ Docket No. 17179, File No. BP-16648; 1. To determine the areas and popula­ ley Broadcasting Co., Inc., Huntsville, Shawnee Broadcasting Co., Aliquippa, tions which would receive primary serv­ Ala., docket No. 17059, File No. BP- Pa., requests 1130 kc, 250 w, Day, Class ice from each of the proposals and the 16609; Rocket City Broadcasting Co., II, Docket No. 17180, File No. BP-16880; availability of other primary service to Inc., Huntsville, Ala., docket No. 17060, for construction permits. such areas and populations. File No. BP-16721; for standard broad­ 1. The Commission has before it the 2. To determine whether the proposal cast construction permits. * above-captioned applications which are of Lawrence County Broadcasting Corp. The Hearing Examiner having under mutually exclusive by virtue of inter­ will realistically provide a local trans­ consideration the letter request of coun­ linking overlap of prohibited contours mission facility for its specified station sel for Tennessee Valley Broadcasting within the purview of § 73.37 of the Com­ location or for another larger commu­ Co., Inc., dated February 7,1967, request­ mission’s rules. nity, in light of all the relevant evidence, ing that the existing dates for the ex­ 2. Examination of the Lawrence appli­ including, but not necessarily limited to, change of 307(b) exhibits and engineer­ cation shows that the proposed 5 mv/m the showing with respect to: ing materials, as well as all other pres­ contour would penetrate the geographic (a) The extent to which the specified ently scheduled dates, be rescheduled; boundaries of Youngstown, Ohio. Since station location has been ascertained by It appearing, that all parties concerned the population of Youngstown (popula­ the applicant to have separate and dis­ in the above-entitled matter have agreed tion 166,689) exceeds 50,000, and is more tinct programing needs; that the exchange date now set for Feb­ than twice that of New Castle, Pa. (popu­ (b) The extent to which the needs of ruary 17, 1967, should be extended to a lation 44,796), a rebuttable presumption the specified station location are being date 2 weeks following the Examiner’s that the applicant realistically proposes met by existing standard broadcast sta­ disposition of the petition for leave to to serve the larger community arises tions; amend filed by Tennessee Valley Broad­ under the Commission’s Policy State­ (c) The extent to which the appli­ casting Co., Inc., on February 1, 1967; ment on section 307(b) Considerations cant’s program proposal will meet the that the final exchange date now sched­ For Standard Broadcast Facilities In­ specific unsatisfied programing needs uled for March 3 should be continued volving Suburban Communities, 2 FCC of its specified station location; and until 2 weeks following the preliminary 2d 190, 6 RR 2d 1901, adopted Dec. 22, (d) The extent to which the projected exchange; and the further prehearing 1965w In response to a Commission letter sources of the applicant’s advertising conference now scheduled for March 7, (Oct. 6, 1966), the applicant filed an revenues within its specified station lo­ 1967, should be continued until 4 days amendment (Nov. 7, 1966), for the pur­ cation are adequate to support its pro­ following the aforesaid final exchange of pose of showing that the presumption posal, as compared with its projected exhibits; and should not apply. Information sub­ sources from all other areas. It further appearing, that on Febru­ mitted purports to show that field in­ 3. To determine, in the event that it ary 10, 1967, the Examiner granted the tensity measurement data made on Sta­ is concluded pursuant to the foregoing request of Rocket City Broadcasting Co., tion WKST, New Castle, Pa., establishes issue (a) that the proposal of the appli­ Inc., and extended the time for filing that the actual ground conductivity over cant will not realistically provide a local oppositions to the aforesaid Tennessee the path from the proposed site toward transmission service for its specified sta­ Valley petition for leave to amend filed Youngstown is less than indicated by tion location, whether such proposal on February 1, 1967, to and including Figure M-3 of the rules, and that, con­ meets all of the technical provisions of February 24,1967; and sequently, the proposed 5 mv/m contour the rules, including §§ 73.30, 73.31, and It further appearing, that the latter would not penetrate the geographic 73.188(b) (1) and (2), for standard mentioned order of the Examiner could boundaries of Youngstown. broadcast stations assigned to the most alter the exhibits to be exchanged on 3. Having examined the data filed, the populous community for which it is de­ February 17, 1967, and that good cause Commission finds that 5 mv/m penetra­ termined that the proposal will realisti-

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3185 cally provide a local transmission service, for all of the frequencies available within primarily or proposes to engage primarily namely Youngstown, Ohio. standard metropolitan areas of 50,000 or in the business of investing, reinvesting, 4 . To determine in light of section more population in the 152 and 157 Mc/s or trading in securities. Section 3(a)(3) 3 07(b) of the Communications Act of bands. of the Act defines an investment com­ 1934, as amended, which of the proposals 1. The Chief, Safety, and Special pany as an issuer which is engaged would better provide a fair, efficient and Radio Services Bureau, acting under or proposes to engage in the business of equitable distribution of radio service. delegated authority, has under consid­ investing, reinvesting, owning, holding 5. To determine, in the event it is con­ eration a request filed by the Interna­ or trading in securities, and owns or pro­ cluded that a choice between the appli­ tional Taxicab Association for extension poses to acquire investment securities cations should not be based solely on con­ of time for filing comments in the above- having a value exceeding 40 per centum siderations relating to section 307(b), entitled proceeding. The prescribed of the value of the issuer’s total assets which of the operations proposed in the time for filing comments expired on Oc­ (exclusive of Government securities and above-captioned applications would bet­ tober 17,1966, and the time for filing was cash items) on an unconsolidated basis. ter serve the public interest. extended to January 30, 1967, by order For the purposes of section 3(a) (3), “in­ 6. To determine, in light of the evi­ released December 29, 1966. vestment securities” includes all securi­ dence adduced pursuant to the foregoing 2. In support of the request, the peti­ ties except Government securities, secu­ issues which, if any, of the applications tioner states that additional time is nec­ rities issued by employees’ securities should be granted. essary in order to issue a questionnaire companies and securities issued by ma­ It is further ordered, That, in the to taxicab operators in .standard metro­ jority owned subsidiaries of the issuer event of a grant of any of the applica­ politan areas of over 50,000 population. which are not investment companies. tions, the construction permit shall con­ It is estimated that replies will be re­ Applicant asserts that at September 30, tain the following condition: ceived and correlated by the petitioner 1966, its investment securities repre­ Pending a final decision in Docket No. at the end of March. sented 60.2 percent of the value of its 14419 with respect to presunrise opera­ 3. In view of the foregoing: It is total assets (exclusive of cash items and tion with daytime facilities, the present ordered, This 14th day of February 1967, Government securities). Applicant con­ provisions of § 73.87 of the Commission’s pursuant to §§ 0.331(b) (4) and 1.46 of the cedes that it falls within the definition of rules are not extended to this authori­ Commission’s rules, that the above- an “investment company” as defined in zation, and such operation is precluded. described request of the International section 3(a) (3) of the Act. It is further ordered, That, in the Taxicab Association is granted and that Applicant claims, however, that it is event of a grant of the Shawnee Broad­ the time for filing comments in the primarily engaged, through majority- casting Co. application, the authoriza­ above-entitled proceeding is extended to owned subsidiaries and through a con­ tion issued shall require sufficient field March 31, 1967. trolled company, Calgon Corp. (“Cal- intensity measurement data to establish gon”) , in a business or businesses other that essentially nondirectional radiation Released: February 15, 1967. than that of investing, reinvesting, own­ has been achieved as proposed. F ederal Communications ing, holding or trading in securities. Ap­ It is further ordered, That, to avail Commission, plicant states that it is the holder of themselves of the opportunity to be [ seal] B en F. Waple, 1,208,207 shares of common stock of Cal­ heard, the applicants herein, pursuant to Secretary. gon which it acquired on January 12, § 1.221(c) of the Commission’s rules, in [F.R. Doc. 67-2041;' Filed, Feb. 21, 1967; 1966, in exchange for all the stock of person or by attorney, shall, within 8:48 a.m.] Pittsburgh Actuated Carbon Co. The twenty (20) days of the mailing of this shares acquired represent approximately order, file with the Commission in tripli­ 33 y3 percent of the outstanding shares cate, a written appearance stating an of common stock of Calgon, its only class intention to appear on the date fixed for SECURITIES AND EXCHANGE of voting securities. Applicant further the hearing and present evidence on the states that as of October 10, 1966, it was issues specified in this order. COMMISSION the largest stockholder of Calgon. The It is further ordered, That the appli­ [File No. 812-1901] second largest holder was a broker which cants herein shall, pursuant to section owned of record 2.7 percent of Calgon 311(a) (2) of the Communications Act of PITTSBURGH COKE & CHEMICAL CO. shares, and the 10 largest holders of Cal­ 1934, as amended, and § 1.594 of the gon (other than Applicant) owned of Commission’s rules, give notice of the Notice of and Order for Hearing on record an aggregate of approximately hearing, either individually or if f easible Application for Order That Com­ 17.6 percent of such outstanding shares. and consistent with the rules, jointly, pany Is Not Investment Company Applicant states that the shares of Cal- within the time and in the manner pre­ F ebruary 15,1967. gon’s common stock which it owns rep­ scribed in such rule, and shall advise^ the resents 51.2 percent of the value of its Commission of the publication of such Notice is hereby given that Pittsburgh Coke & Chemical Co. (“Applicant”) , total assets (exclusive of cash items and notice as required by § 1.594(g) of the Government securities) as of September rules. Grant Building, Pittsburgh, Pa., a cor­ poration organized and existing under 30,1966. Adopted: February 8, 1967. the laws of the State of Pennsylvania, Applicant represents that Henry L. Released: February 16, 1967. has filed an application pursuant to sec­ Hillman, its president and chairman of tion 3(b) (2) of the Investment Company its Board of Directors and Putnam B. Federal Communications Act of 1940 (“Act”) for an order of the McDowell, one of its vice presidents, Commission,1 Commission declaring that it is primarily were elected to Calgon’s 14 member [seal] Be n F. W aple, * Board of Directors on April 18, 1966. Secretary. engaged in a business or businesses other Applicant further represents that on [Fit. Doc. 67-2040; Filed, Feb. 21, 1967; than that of investing, reinvesting, own­ November 22, 1966, the Calgon Board of 8:48 a.m.] ing, holding or trading in securities Directors established a Finance Com­ through majority owned subsidiaries mittee consisting of five persons and {Docket No. 16867] and a controlled company conducting a Henry L. Hillman was elected chairman taxicab r a d io s er v ic e similar type of business. All interested of such committee. Calgon has no ex­ Order Extending the Time for Filing persons are referred to the application, ecutive committee of the Board of Di­ Comments which is on file with the Commission, for rectors. a statement of applicant’s representa­ It appearing to the Commission, that it In the matter of inquiry into the re- tions, which are summarized below. is appropriate in the public interest and ^ rement of the Taxicab Radio Service Section 3(a) (1) of the Act defines an in the interest of investors that a hearing JnhC°nCUrring statement of Commissioner investment company as an issuer which be held with respect to the application son filed as part of original document. is or holds itself out as being engaged pursuant to section 3(b) (2) of the Act.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3186 NOTICES

It is ordered, Pursuant to section 40(a) [70-4453] any such permanent financing will bei of the Act, that a hearing on the afore­ reduced by the amount of the net pro­ said application under the applicable WESTERN MASSACHUSETTS ELECTRIC ceeds thereof. CO. provisions of the Act and of the rules of The filing states that WMECO intends the Commission thereunder be held on Notice of Proposed Issue and Sale of to use the proceeds from the sale of the the 20th day of March 1967, at 10 a.m. Series F Bonds to pay back loans, esti­ in the offices of the Securities and Ex­ Principal Amount of First Mortgage mated to be outstanding in the aggregate1 change Commission, 500 North Capitol Bonds at Competitive Bidding and amount of $14,600,000, and to reimburse Street NW., Washington, D.C. 20549. Proposed Issue and Sale of Notes its treasury for construction expendi­ At such time the Hearing Room Clerk to Banks tures. The proceeds from the sale of the1 will advise as to the room in which such ebruary proposed notes are to be used for hearing will be held. Any person de­ F 16, 1967. Notice is hereby given that Western WMECO’s construction program, esti-j siring to be heard or otherwise wishing mated at $26,634,000 from January l to participate in this proceeding is di­ Massachusetts Electric Co. (“WMECO”) , 174 Brush Hill Avenue, West Springfield, 1967, to June 30, 1968, and for other rected to file with the Secretary of the corporate purposes. Commission his application as provided Mass., an electric utility subsidiary com­ by Rule 9(c) of the Commission’s rules of pany of Northeast Utilities, a registered The application-declaration states that practice, on or before the date provided holding company, has filed an applica­ the issue and sale of the Series F Bonds! in the Rule, setting forth any issues of tion-declaration and amendments is subject to the jurisdiction of the De­ law or fact which he desires to contro­ thereto with this Commission pursuant partment of Public Utilities of the Com- ] vert or any additional issues which he to the Public Utility Holding Company monwealth of Massachusetts and that] deems raised by this Notice and Order or Act of 1935 (“Act”) , designating sections no other State commission and no Fed­ by such application. Persons filing an 6(a); 6(b), and 7 of the Act and Rule 50 eral commission, other than this : application to participate or be heard promulgated thereunder as applicable to Commission, has jurisdiction over the will receive notice of any adjournment the proposed transactions. All interested proposed transactions. It is further of the hearing as well as other actions of persons are referred to the application- stated that no fees will be paid in con­ the Commission involving the subject declaration, which is summarized below, nection with the proposed issue and sale matter of these proceedings. for a complete statement of the pro­ of notes and that expenses, if any, will posed transactions. be nominal. A statement of fees and It is further ordered, That any officer WMECO proposes to issue and sell, expenses incident to the issue and sale or officers of the Commission, desig­ subject to the competitive bidding re­ of the new bonds is to be filed by amend­ nated by it for that purpose, shall preside ment. at said hearing. The officer so desig­ quirements of Rule 50 under the Act, nated is hereby authorized to exercise all $15,000,000 principal amount of First Notice is further given that any in­ Mortgage Bonds, Series F , _____ per­ terested person may, -not later than the powers granted to the Commission cent, due March 1, 1997. The interest under sections 41 and 42(b) of the In­ March 6, 1967, request in writing that a vestment Company Act of 1940 and to a rate of the bonds (which will be a mul­ hearing be held in respect of such mat­ hearing officer under the Commission’s tiple of % of 1%) and the price, exclusive ter, stating the nature of his interest, rules of practice. of accrued interest, to be paid to WMECO the reasons for such request, and the (which will be not less than 100 percent issues of fact or law raised by said ap­ The Division of Corporate Regulation nor more than 102% percent of the prin­ plication-declaration which he desires having advised the Commission that it cipal amount thereof) will be determined to controvert; or he may request that has made a preliminary examination of by the competitive bidding. The bonds he be notified should the Commission or­ the application, and that upon the basis will be issued under the First Mortgage der a hearing in respect thereof. Any thereof the following matter is presented Indenture dated as of August 1, 1954, such request should be addressed: Sec­ for consideration, without prejudice to between WMECO and Old Colony Trust retary, Securities and Exchange Com­ its specifying additional matters upon Co., Trustee, as heretofore supplemented mission, Washington, D.C. 20549. A further examination: Whether Pitts­ and as to be further supplemented by a copy of such request should be served burgh Coke & Chemical Co. is primarily Supplemental Indenture to be dated as personally or by mail (airmail if the per­ engaged in a business or businesses other of March 1,1967. son being served is located more than 500 than that of investing, reinvesting, own­ WMECO also proposes to issue and sell miles from the point of mailing) upon ing, holding or trading in securities to two banks, from time to time prior the applicant-declarant at the above- through majority-owned subsidiaries and to June 30, 1968, its unsecured promis­ stated address, and proof of service a controlled company conducting a sim­ sory notes in an aggregate maximum thereof (by affidavit or, in case of an at­ ilar type of business. amount to be outstanding at any one torney at law, by certificate) should be It is further ordered, That at the afore­ time of $24,500,000, as follows: The First filed with the request. At any time after said hearing attention be given to the National Bank of Boston, $21 million, and said date, the application-declaration, as foregoing matter. New England Merchants National Bank amended or as further amended, may be It is further ordered, That the Secre­ of Boston, $3,500,000. Included within granted and permitted to become effec­ tary of the Commission shall give notice said aggregate amount of notes are those tive as provided in Rule 23 of the gen­ of the aforesaid by mailing a copy of notes which WMECO may issue pur­ eral rules and regulations promulgated this notice and order by registered mail suant to the 5 percent exemptive provi­ under the Act, or the Commission may to Pittsburgh Coke & Chemical Co., and sion of section 6(b) of the Act. Each grant exemption from such rules as pro­ that notice to all other persons be given note will be dated on the date of issue, vided in Rules 20(a) and 100 thereof or by publication of this notice and order in will bear, interest at the prime rate in take such other action as it may deem effect at the lending bank on such date appropriate. Persons who request a the F ederal R egister, and that a general and thereafter, Will mature not more hearing or advice as to whether a hear­ release of this Commission in respect of than 9 months after such date but in no ing is ordered will receive notice of fur­ this notice and order be distributed to event later'than June 30, 1968, and will ther developments in this matter, in­ the press and mailed to the mailing list be prepayable at any time without cluding the date of the hearing (if or­ for releases. penalty. dered) and any postponements thereon WMECO will apply the net proceeds For the Commission (pursuant to dele­ By the Commission. from any permanent financing effected before June 30,1968, other than the pro­ gated authority). [seal] Orval L. D uB ois, [seal! Orval L. DuBois, Secretary. posed Series F bonds, in full or partial payment of the proposed notes, and the Secretary. [F.R. Doc. 67-2003; Filed, Feb. 21, 1967; maximum amount of indebtedness which [F.R, Doc. 67-2004; Filed, Feb. 21, 1967; 8:45 am.] it may incur pursuant to this filing after 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3187

Docket No. Pres­ FEDERAL POWER COMMISSION and date filed Applicant Purchaser, field, and location Price per Mcf sure [Docket Nos. G-13103 etc.] base AZTEC OIL & GAS CO. ET AL. G-13103...... Aztec Oil & Gas Co., 2000 First Southern Union Gathering Co., 13.0 15.025 C 1-27-67 National Bank Bldg., Dallas, Basin Dakota Pool, San Juan Notice of Applications for Certificates, Tex. 75202. County, N. Mex. G-18375-...... Phillips Petroleum Co., Florida Gas Transmission Co., 20.625 15.025 Abandonment of Service and Peti­ C 2-1-67 Bartlesville, Okla. 74003. acreage in St. Martin Parish, La. tions To Amend Certificates 1 CI60-466...... Cabot Corp. (SW), Post Office Northern Natural Gas Co., acreage Assigned D 1-16-67 Box 1101, Pampa, Tex. 79065. in Beaver County, Okla. F ebruary 13, 1967. CI60-604...... Union Oil Co. of California El Paso Natural Gas Co., Spraberry 217.2295 14.65 12-20-66 « (Operator) et al., Union Oil Field, Midland County, Tex. I Take notice that each of the Applicants Center, Los Angeles, Calif. 90017. listed herein has filed an application or CI61-356______Sunset International Petroleum El Paso Natural Gas Co., acreage in 17.0 14.65 petition pursuant to section 7 of the (G-18748) Corp. et al.,4 8920 Wilshire Ochiltree County, Tex. Natural Gas Act for authorization to sell C 1-31-67 3 Blvd., Beverly Hills, Calif. 90211. natural gas in interstate commerce or to CI62-412...... Gulf Oil Corp., Post Office Box United Gas Pipe Line Co., Holly­ 20.625 15.025 abandon service heretofore authorized C 1-19-67 1689, Tulsa, Okla. 74102. wood Field, Terrebonne Parish, La. as described herein, all as more fully CI62-1225- ____ Falcon Seaboard Drilling Co. Tennessee Gas Pipeline Co., a divi­ Uneconomical described in the respective applications D 1-30-67 (Operator) et al., Post Office sion of Tenneco Inc., South Crow- Drawer 3348, Houston, Tex. ley Field, Acadia Parish, La. and amendments which are on file with 74001. the Commission and open to public CI64-652___ 1- Okmar Oil Co. et al. (successor Arkansas Louisiana Gas Co., West «13.5 14.65 inspection. ^ ^ ^ ^ E 1-25-67 to Shell Oil Co.), c/o David Enid Area, Garfield County, Okla. L. Fist, attorney, 413 Mid­ Protests or petition to intervene may be states Bldg., Tulsa, Okla. filed with the Federal Power Commission, 74103. CI66-988_____ SheU Oil Co., 50 West 50th St., Panhandle Eastern Pipe Line Co., »17.0 14.65 Washington, D.C. 20426, in accordance C 1-25-67 « New York, N.Y. 10020. South Bishop Field, Ellis and with the rules of practice and procedure Roger Mills Counties, Okla. (18 CFR 1.8 or 1.10) on or before March CI67-367...... Monsanto Co., 1300 Main St., Panhandle Eastern Pipe Line Co., »15.0 14.65 0 2-2-67 Houston, Tex. 77002. Northeast Waynoka Field, Woods, 6,1967. County, Okla. Take further notice that, pursuant to 0167-461______Humble Oil & Refining Co., Transwestern Pipeline Co., Men- »17.0 14.65 C 1-27-67 Post Office Box 2180, dota Field, Hemphill County, the authority contained in and subject Houston, Tex. 77001. Tex. to the jurisdiction conferred upon the CI67-545...... Guy C. Bogess, et al., c/o C. B. Consolidated Gas Supply Corp., - 20.0 15.325 A 10-7-66 Lewis, agent. Post Office Box Washington District, Calhoun Federal Power Commission by sections 7 56, Spencer, W. Va. 25276. County, W. Va. and 15 of the Natural Gas Act and the CI67-585...... T.E.L. Oil & Gas Corp. Panhandle Eastern Pipe Line Co., 11.0 14.65 Commission’s rules of practice and pro­ (G-7647) (Operator), et al., Post Office acreage in Texas County, Okla. 10-27-66» Box 292, Guymon, Okla. cedure, a hearing will be held without 73942. further notice before the Commission on CI67-730...... Clarence Grueser, et al. (suc- The Ohio Fuel Gas Co., Sutton 20.007 15.325 A 11-28-66 cessor to Wheeler Drilling Township, Meigs County, Ohio. all applications in which no protest or Co., » Rural Delivery No. 1, petition to intervene is filed within the Minersville, Ohio 45763. CI67-921...... Carl R. Morris, Grantsville, Equitable Gas Co., Salt Lick Field, 20.0 15.325 time required herein if the Commission A 1-23-67 W. Va. 26147. Braxton County, W. Va. on its own review of the matter believes CI67-927...... Mobil Oil Corp., Post Office Valley Gas Transmission, Inc., (10) B 1-26-67 Box 2444, Houston, Tex. Southwest Pheasant Field, Mata- that a grant of the certificates or the 77001. gorda County, Tex. authorization for the proposed abandon­ CI67-928...... Sinclair Oil & Gas Co., Post El Paso Natural Gas Co., Sonora » 16.65840 14.65 ment is required by the public conven­ (CI64-1318) Office Box 521, Tulsa, Okla, Gas Field, Sutton County, Tex. 1-19-67 “ 74102. ience and necessity. Where a protest or CI67-929-...... Foster Petroleum Corp., Post National Fuels Corp. and Oklahoma 11.0 14.65 petition for leave to intervene is timely A 1-26-67 Office Box 729, Bartlesville, Natural Gas Gathering Corp., Okla. 74003. Ringwood Field, Major County, filed, or where the Commission on ite Okla. own motion believes that a formal hear­ GI67-931...... Transamerican Petroleum Consolidated Gas Supply Corp., 27.5 15.325 A 1-27-67 Corp., 811 West 7th St., Suite Banks Township, Indiana Coun- ing is required, further notice of such 901, Los Angeles, Calif. 90017. ty, Pa. hearing will be duly given: Provided, CI67-932 Consolidated Gas Supply Corp., 27.5 16.325 however, That pursuant to § 2.56, Part A 1-27-67 Gaskill Township, Jefferson Coun­ ty, Pa. 2, Statement of General Policy and CI67-933 __ ...... do...... Consolidated Gas Supply Corp., 27.5 15.325 Interpretations, Chapter I of Title 18 of A 1-27-67 Gaskill Township, Jefferson Coun­ ty, and Banks Township, Indiana the Code of Federal Regulations, as County, Pa. amended, all permanent certificates of OT67-934 27.5 15.325 Public convenience and necessity grant­ A 1-27-67 CI67-935 Consolidated Gas Supply Corp., 27.5 15.325 ing applications, filed after April 15,1965, A 1-27-67 Bell Township, Jefferson County, without further notice, will contain a Pa. C167-936 Consolidated Gas Supply Corp., 27.5 15.325 condition precluding any filing of an in­ A 1-27-67 Gaskill and BeU Townships, Jef­ creased rate at a price in excess of that ferson County,"Pa. designated for the particular area of CI67-937__:...... Mobil Oil Corp. (successor to Arkansas Louisiana Gas Co., South 11.0 14.65 (G-6685) Union Texas Petroleum, a Cement Field, Caddo Parish, La. Production for the period prescribed F 1-30-67 division of Allied Chemical therein unless at the time of filing such Corp., et al.). C167-938______William H. Allen (successor to Northern Natural Gas Co., Ellis 17.0 14.65 certificate application, or within the time (CI64r-1147) Whitehall Oil Co., Inc,), Ranch Field, Ochiltree County, here* f°r the filing of protests or Post Office Box 926, Petitions to intervene the Applicant in­ F 1-20-67 Perryton, Tex. 79070. Tex. - CI67-939...... Skelly Oil Co., Post Office Box Cities Service Gas Co., acreage in 17.0 14.65 dicates in writing that it is unwilling to A 1-30-67 1650, Tulsa, Okla. 74102. Roger Mills County, Okla. accept such a condition. In the event C167-940-...... Continental Oil Co., Post Office Daman Pipeline Co., Cisco Springs 7.5 1SAB5 A 1-30-67 Box 2197, Houston, Tex. 77001. Area, Grand County, Utah. Applicant is unwilling to accept such CI67-941_____: Troy A. Brady, Jr., et al., Post Equitable Gas Co., Skin Creek 25.0 15.325 ondition- the application will be set for A 1-30-67 Office Box 371, Buckhannon, District, Lewis County, W. Va. formal hearing. W. Va. 26201. CI67-942...... Rainbow Valley Development Equitable Gas Co., Union District, 25.0 15.325 fmPnC^r Procedure herein provided A 1-30-67 Co., Willard E. Ferrell, agent, Ritchie County, W. Va. hAlcss otherwise advised, it will be Post Office Box 5056, Phila­ unnecessary for Applicants to appear or delphia, Pa. 19111. Filing code: A—Initial service. represented at the hearing. B—Abandonment. C—Amendment to add acreage. Joseph H. Gutride, D—Amendment to delete acreage. _ Secretary. E—Succession. F—Partial succession. soiiri^f no^ce does not provide for con- covprorf0^ ior Soaring of the several matters See footnotes at end of table. u herein, nor should it be so construed.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3188 NOTICES

in rates, issued September 14, 1966, and Docket No. Pres­ and date filed Applicant Purchaser, field, and location _Price per Mcf sure published in the F ederal R egister Sep­ base tember 23, 1966 (F.R. Doc, 66-10389, 31 F.R. 12582), in the chart after Docket C167-943...... Sterling Natural Gas Corp.,18 Texas Eastern Transmission Corp., Uneconomical No. RI67-58, Texaco, Inc., Rate Sched­ B 1-30-67 : Post Office Box 28, Shreve­ Monroe Gas Field, Ouachita ule No. 9 change “Date Suspended Until” port, La. 71102. Parish, La. C167-944...... Hall-Jones Oil Corp., Liberty Panhandle Eastern Pipe Line Co., 717.0 14.65 from “2-29-67” to “2-28-67”, A 1-31-67 National Bank Bldg., Okla­ Keys Gas Field, Cimarron homa City, Okla. 73102. County, Okla. J oseph H. Gutride, C167-945...... Meadow Run Gas Co., c/o W. G. Consolidated Gas Supply Corp., 25.0 15.325 Secretary. A 1-31-67 Sampson, agent, Chloe; W. Washington District, Calhoun Va. 25235. County, W. Va. [F.R. Doc. 67—2021; Filed, Feb. 21, 1967- CI67-946...... Midwest Oil Corp., 1700 Broad-' Transwestem Pipeline Co., Mam­ 23.0 14.65 8:46 a.m.] A 1-31-67 way, Denver, Colo. 80202. moth Creek Field, Lispcomb County, Tex. C167-947___.... C. W. Beecher et al., Grants- Consolidated Gas Supply Corp., 25.0 15.325 A 1-31-67 ville, W. Va. 26147. ■ Murphy District, Ritchie County, [Docket No. G-15298, etc.] W. Va. CI67-948...... Joe Stydahar, agent, Post Office Cumberland and Allegheny Gas 26.0 15.325 J. LEE YOUNGBLOOD ET AL. A 1-30-67 Box 668, Buckhannon, W. Va. Co., Buckhannon District, Up­ 26201. shur County, W. Va. Notice of Applications for Certificates, CI67-949...... Petroleum Promotions, Inc. et Consolidated Gas Supply Corp., Uneconomical B 1-31-67 al., 2817 Clio Rd., Flint, Court House District, Lewis Abandonment of Service and Pe­ Mich. 48504. County, W. Va. CI67-950...... Harold and Matilda Kogan, 742 El Paso Natural Gas Co., Aztec 10.0 ' 15.025 titions To Amend Certificates; Cor­ A 1-31-67 35th Ave., San Francisco, Pictured Cliffs Field, San Juan rection Calif. 94121. County, N. Mex. CI67-951...... Roy W. Clovis, 313 Huffman The Manufacturers Light & Heat 21.5 15.325 F ebruary 9,1967. A 1-31-67 St., Waynesburg, Pa. 15370. Co., acreage in Fayette County, Pa. Pan American Petroleum Corp., Docket CI67-952...... r Humble Oil & Refining Co...... United Gas Pipe Line Co., West 18.5 15.025 No. CI67-880. A 2-1-67 ^ Bryceland Field, Bienville Parish, La. In the notice of applications for certif­ CI67-953...... Ice-Mossor et al., 2022 16th St., Consolidated Gas Supply Corp., 25.0 15.325 icates, abandonment of service and peti­ A 2-1-67 Parkersburg, W. Va. 26101. McClellan District, Doddridge County, W. Va. tions to amend certificates, issued Janu­ CI67-955...... Pan American Petroleum Corp., Texas Gas Transmission Corp., 18.25 15.025 ary 26,1967, and published in the Federal A 2-1-67 Post Office Box 591, Tulsa, Shiloh Field, Union Parish, La. R egister February 3, 1967 (FR. Doc. Okla. 74102. CI67-956...... Faith Natural Gas Co., e/o The Manufacturers Light & Heat 25.0 15.325 67-1264, 32 FR. 2398), in the chart after A 2-1-67 James L. McIntyre, manager, Co., acreage in Tyler County, W. Docket No. CI67-880 change location to Box 143, Alvy, W. Va. 26322. Va. CI67-957...... - L. E. Walsh et.al., 4867 Audu- Northern Natural Gas Co., Mocane- 717.0 14.65 read “Notla Field, Ochiltree County, A 2-1-67 bon Ave., Detroit, Mich. Laverne Field, Beaver County, Texas” in lieu of “Mather Field, Ochil­ 48224. Okla. tree County, Texas.” CI67-958...... - Joanna Champlin Trust Estate Panhandle Eastern Pipe Line Co., 715.0 14.65 A 2-2-67 et al., c/o Joe N. Champlin, Woodward Area, Dewey County, Trustee, 700 First National Okla. J oseph H. Gutride, Bank Bldg., Enid Okla. 73701. Secretary. [F.R. Doc. 67-2022; Filed, Feb. 21, 1967; i Amendment to certificate filed to cover interest of coowner. 8:46 a.m.] * Bate in effect subject to refund in Docket No. BI61-27. 8 Adds acreage acquired from Sinclair Oil & Gas Co., Docket No. G-18748. 4 Applicant states its willingness to accept authorization for the additional acreage conditioned in accordance with the provisions of Opinion Nos. 390 and 390-A. 8 Subject to deduction for compression, should Buyer compress gas. 6 Also adds interests of nonoperators. SMALL BUSINESS 7 Subject to upward and downward B.t.u. adjustment. 8 Applicant, a cosignatory party f is filing as new Operator of the Halsell Unit. Mobil Oil Corp. was the prior Operator of said unit under Docket No. G-7647, FPC GBS No. 303. Mobil will still maintain its B.S. No. 303 to ADMINISTRATION cover other properties. * No certificate filing made by Predecessor. [Delegation of Authority 30 (Pacific Coastal 18 Acreage is nonproducing and Parties have agreed to cancel contract. n Applicant is filing to cover its own interest which was previously covered under the certificate issued to Texas Area) Arndt. 1] American Oil Corp. (Operator) et al. in Docket No. CI64-1318. a An increase in rate to 16.5 cents, plus 0.15840 cent was filed for by Texas American and suspended in Docket LOAN OFFICER, ECONOMIC No. BI65-319. Concurrently with application Sinclair filed a motion to make such rate effective. The present effective rate covering such sale is 15.5 cents, plus 0.1488 cent tax reimbursement. DEVELOPMENT 18 Successor to Cardinal Drilling Co., Inc. [F.R. Doc. 67-1935; Filed, Feb. 21,1967; 8:45 a.m.] r Delegation of Authority To Conduct Program Activities in Pacific Coastal Area [Docket No. G-8552, etc.] ordering clause change FPC Gas Rate Pursuant to the authority delegated to DEPCO, INC., ET AL. Schedule “No. 6” to FPC Gas Rate Sched­ ule “No. 11” relating to Docket Nos. CS the area administrators by Delegation of Findings and Order; Correction 67-16 and CI65-679. Authority No. 30 (Rev. 12), 32 F.R. 179, In footnote 3, on the last page of order, Delegation of Authority No. 30 (Pacific F ebruary 2 , 1967. correct Docket No. “RI64-581” to read Coastal Area) 32 F.R. 1203 is hereby Depco, Inc. (successor to International Docket No. “RI64-588.” amended by adding new item I.C. as fw- Oil & Gas Corp.), Docket Nos. CS67-16 lows and relettering items I.C., I.D., I E., and CI65-679; International Oil & Gas J oseph H. Gutride, I.F., and I.G. to read I.D., I.E., I.F.. Corp. and Depco, Inc., et al., Docket No. Secretary. and IJH. respectively; RI64-588. [F.R. Doc. 67-2020; Filed, Feb. 21, 1967; J * * * In the findings and order after statu­ 8:46 a.m.] C. Loan Officer (Economic Develop­ tory hearing issuing small producer cer­ ment). 1. To close and disburse sec­ tificate of public convenience and neces­ [Docket No. RI67-58, etc.] tions 501 and 502 loans. sity, amending orders issuing certificates, 2. To extend the disbursement period terminating certificates, redesignating TEXACO, INC., ET AL. FPC gas rate schedules, canceling FPC on sections 501 and 502 loans. gas rate schedules, severing proceeding, Order Providing for Hearings on and 3. To cancel wholly or in part undis­ terminating proceeding, substituting re­ Suspension of Proposed Changes bursed balances of partially disbursed spondent, and accepting agreement and in Rates; Correction sections 501 and 502 loans. undertaking for filing, issued January 4. To approve final actions concern­ 17, 1967, and published in the F ederal F ebruary 2,1967. ing current direct, participation, ana w R egister January 25,1967 (F.R. Doc. 67- In the order providing for hearings percent First Mortgage Plan—501 a 838, 32 F.R. 883), in paragraph (I) of the on and suspension of proposed changes 502 loans;

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3189

a. Use of the cash surrender value of hereafter held by the Small Business C. Loan Officer (.Economic Develop­ life insurance to pay the premium on the Administration or its Administrator. ment) . 1. To close and disburse sections policy. ' • b. The execution and delivery of as­ 501 and 502 loans. b. Release of dividends of life insur­ signments, subordinations, releases (in 2. To extend the disbursement period ance or consent to applications against whole or part) of liens, satisfaction on sections 501 and 502 loans. premiums. -■ f’*”- > ’ pieces, affidavits, proofs of claim in bank­ 3. To cancel wholly or in part undis­ c. Minor modifications in the authori­ ruptcy or other estates and such other bursed balances of partially disbursed zation. instruments in writing as may be appro­ sections 501 and 502 loans. d. Extension of disbursement period. priate and necessary to effectuate the 4. To approve final actions concerning e. Extension of initial principal pay­ foregoing. current direct, participation, and 40 per­ ments. c. The approval of bank applications^ cent First Mortgage Plan—501 and 502 f. Adjustment of interest payment for use of liquidity privilege under the loans: dates. loan guaranty plan. a. Use of the cash surrender value of g. Release of hazard insurance checks life insurance to pay the premium on the d. Except: (a) To compromise or sell policy. not in excess of $500 And endorse such any primary obligation or other evidence checks on behalf of the Agency where b. Release of dividends of life insur­ of indebtedness owed to the Agency for a ance or consent to applications against SBA is named as joint loss payee. sum less than the total amount due h. Release of equipment with or with­ premiums. thereon; and (b) to deny liability of the c. Minor modifications in the author­ out consideration where the value of Small Business Administration under the equipment being released does not ex­ ization. terms of a participation or guaranty d. Extension of disbursement period. ceed $500. agreement, or the assertion of a claim ***** e. Extension of initial principal pay­ for recovery from a participating bank ments. Effective date: September 1,1966. under any alleged violation of a partici­ f. Adjustment of interest payment pation or guaranty agreement. William S. S chumacher, dates. Area Administrator. B. Supervisory Loan Officer (Eco­ g. Release of hazard insurance checks nomic Development). 1. To close and [P.R. Doc. 67-2005; Filed, Feb. 21, 1967; not in excess of $500 and endorse such 8:45 a.m.] disburse sections 501 and 502 loans. checks on behalf of the Agency where 2. To extend the disbursement period SBA is named as joint loss payee. on sections 501 and 502 loan authoriza­ h. Release of equipment with or with­ [Delegation of Authority 30 (Northeastern tions or undisbursed portions of sections out consideration where the value of Area)] 501 and 502 loans. equipment being released does not exceed ECONOMIC DEVELOPMENT 3. To cancel wholly or in part undis­ $500. bursed balances of partially disbursed D. Liquidation and Disposal Coordina­ COORDINATOR ET AL. sections 501 and 502 loans. tor. 1. To take all necessary actions in Delegation of Authority To Conduct 4. To take all necessary actions in con­ connection with the liquidation and dis­ Program Activities in Northeastern nection with the administration, servic­ posal of all loans and other obligations ing, and collection; and to do and or assets, including collateral purchased; Area perform and to assent to the doing and and to do and perform and to assent to Pursuant to the authority delegated to performance of, all and every act and the doing and performance of, all and the Area Administrators by Delegation thing requisite and proper to effectuate every act and thing requisite and proper of Authority No. 30 (Rev. 12), 32 P.R. the granted powers, including without to effectuate the granted powers, includ­ 179 the following authority is hereby limiting the generality of the foregoing. ing without limiting the generality of the redelegated to the positions as indicated a. The assignment, endorsement, foregoing : herein: transfer and delivery (but in all cases a. The assignment, endorsement, I. Area Coordinators: without representation, recourse or war­ transfer and delivery (but in all cases A. Economic Development Coordina­ ranty) of notes, claims, bonds, deben­ without representation, recourse or war­ tor. **l. To approve or decline section tures, mortgages, deeds of trust, con­ ranty) of notes, claims, bonds, deben­ 501, state Development Company loans tracts, patents and applications there­ tures, mortgages, deeds of trust, con­ without dollar limitation and section for, licenses, certificates of stock and tracts, patents and applications therefor, 502, Local Development Company loans of deposit, and any other liens, powers, licenses, certificates of stock and of de­ up to $350,000 (SBA share). rights, charges on and interest in or to posit, and any other liens, powers, rights, 2. To close-and disburse sections 501 property of any kind, legal and equitable, charges on and interest in or to property and 502 loans. now or hereafter held by the Small Busi­ of any kind, legal and equitable, now or 3. To extend the disbursement period ness Administration or its Administra­ hereafter held by the Small Business on sections 501 and 502 loan authoriza­ tor. Administration or its Administrator. tions or undisbursed portions of sections b. The execution and delivery of as­ b. The execution and delivery of con­ 501 and 502 loans. signments subordinations, releases (in tracts of sale or of lease or sublease, 4. To cancel wholly or in part undis­ whole or part) of liens, satisfaction quitclaim, bargain and sale of special bursed balances of partially disbursed pieces, affidavits, proofs of claim in warranty deeds, bills of sale, leases, sub­ sections 501 and 502 loans. bankruptcy or other estates and such leases, assignments, subordinations, re­ 5. To take all necessary actions in other instruments in writing as may be leases (in whole or part) of liens, satis­ connection with the administration, appropriate and necessary to effectuate faction pieces, affidavits, proofs of claim servicing, and collection; and to do and the foregoing. in bankruptcy or other estates and such Perform and to assent to the doing and c. The approval of bank applications other instruments in writing as may be Performance of, all and every act and for use of liquidity privilege under the appropriate and necessary to effectuate thing requisite and proper to effectuate loan guaranty plan. the foregoing. the granted powers, including without d. Except: (a) To compromise or sell c. To take all necessary action in hmiting the generality of the foregoing. any primary obligation or other evidence liquidating Economic Development Ad­ a. The assignment, endorsement, trans-of indebtedness owed to the Agency for ministration loans and acquired col­ wtv.and delivery (but in all cases a sum less than the total amount due lateral when and as authorized by without representation, recourse or war­ Economic Development Administration. ranty) of notes, claims, bonds, deben- thereon; and (b) to deny liability of the ures, mortgages, deeds of trust, con­ Small Business Administration under the d. To advertise regarding the public tacts, patents and applications therefor, terms of a participation or guaranty sale of (a) collateral in connection with agreement, or the assertion of a claim for the liquidation of loans, and (b) acquired nr>e-fSes’ cerbificates of stock and of de- recovery from a participating bank under property. rho ’and any other liens> Powers, rights, arges on and interest in or to property any alleged violation of a participation e. Except: (a) To compromise or sell any kind, legal and equitable, now or or guaranty agreement. any primary obligation or other evidence

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3190 NOTICES of indebtedness owed to the Agency for sions for procurement purposes are made that such documents are in compliance a sum less than the total amount due by contracting officers. with the participation authorization. thereon; (b) to deny liability of the Small G. Procurement and Management As­ 9. To approve service charges by par­ Business Administration under the terms sistance Coordinator—1. Eligibility de­ ticipating banks not to exceed 2 percent of a participation or guaranty agreement, terminations (for PM A activities only). per annum on the outstanding principal or the assertion of a claim for recovery To determine eligibility of applicants for : balance of construction loans and loans from a participating bank under any assistance under any program of the involving accounts receivable and inven­ alleged violation of a participation'or Agency in accordance with Small Busi­ tory financing. guaranty agreement. ness Administration standards and **10. To establish disaster field offices E. Supervisory Liquidation and Dis­ policies. upon receipt of advice of the designation posal Officer. 1. To take all necessary 2. Size determinations (for PM A ac­of a disaster area; to advise on the mak­ actions in connection with the liquidation tivities only). To make initial size de­ ing of disaster loans; to appoint as a and disposal of all loans and other ob­ terminations in all cases within the processing representative any bank in the ligations or assets, including collateral meaning of the Small Business Size disaster area; and to close disaster field purchased; and to do and perform and to Standards Regulations, as amended, and offices when no longer advisable to main­ assent to the doing and performance of, further, to make product classification tain such offices. all and every act and thing requisite and decisions for financial assistance pur­ 11. To take all necessary actions in proper to effectuate the granted powers, poses only. Product classification deci­ Connection with the administration, serv­ including without limiting the generality sions for procurement purposes are made icing and collection, other than those of the foregoing: by contracting officers. accounts classified as “in liquidation”; a. The assignment, endorsement, H. Area Administrative Officer. 1. To and to do and perform and to assent to transfer and delivery (but in all cases purchase reproductions of loan docu­ the doing and performance of, all and without representation, recourse or war­ ments, chargeable to the revolving fund, every act and thing requisite and proper ranty) of notes, claims, bonds, deben­ requested by U.S. Attorneys in fore­ to effectuate the granted powers, includ­ tures, mortgages, deeds of trust, con­ closure cases. ing without limiting the generality of the tracts, patents and applications therefor, 2. To (a^ purchase office supplies and foregoing: licenses, certificates of stock and of de­ equipment, including office machines and a. The assignment, endorsement, trans­ posit, and any other liens, powers, rights, rent regular office equipment and fur­ fer and delivery (but in all cases without charges on and interest in or to prop­ nishings; (b) contract for repair and representation, recourse, or warranty) of erty of any kind, legal and equitable, now maintenance of equipment and furnish­ notes, claims, bonds, debentures, mort­ or hereafter held by the Small Business ings; (c) contract for services required gages, deeds of trust, contracts, patents Administration or its Administrator. in setting up and dismantling and mov­ and applications therefor, licenses, cer­ b. The execution and delivery of con­ ing SBA exhibits and (d) issue Govern­ tificates of stock and of deposit, and any tracts of sale or of lease or sublease, quit­ ment bills of lading. other liens, powers, rights, charges on claim, bargain and sale of special war­ 3. In connection with the establish­ and interest in or to property of any kind, ranty deeds, bills of sale, leases, ment of Disaster Loan Offices, to obligate legal and equitable, now or hereafter subleases, assignments, subordinations, Small Business Administration to reim­ held by the Small Business Administra­ releases (in whole or part) of liens, satis­ burse General Services Administration tion or its Administrator; faction pieces, affidavits, proofs of claim for the rental of office space. b. The execution and delivery of con­ in bankruptcy or other estates and such 4. To rent motor vehicles from the tracts of sale or of lease or sublease, quit­ other instruments in writing as may be General Services Administration and to claim, bargain and sale of special war­ appropriate and necessary to effectuate rent garage space for the storage of such ranty deeds, bills of sale, leases, subleases, the foregoing. vehicles when not furnished by this assignments, subordinations, releases (in c. To take all necessary action in liqui­ Administration. whole or part) of liens, satisfaction dating Economic Development Adminis­ II. Regional Directors: pieces, affidavits, proofs of claim in bank­ tration loans and acquired collateral A. Financial assistance. 1. To approveruptcy or other estates and such other when and as authorized by Economic business and disaster loans not exceed­ instruments in writing as may be appro­ Development Administration. ing $350,000 (SBA share) and economic priate and necessary to effectuate the d. To advertise regarding the public opportunity loans not exceeding $25,000 foregoing. sale of (a) collateral in connection with (SBA share). c. The approval of bank applications the liquidation of loans and (b) acquired 2. To decline business, economic op­ for use of liquidity privilege under the property. portunity and disaster loans of any loan guaranty plan. e. Except: (a) To compromise or sell amount. ' d. Except: (a) To compromise or sell any primary obligation or other evidence 3. To close and disburse approved of indebtedness owed to the Agency for any primary obligation or other evidence loans. of indebtedness owed to the Agency for a sum less than the total amount due 4. To enter into business, economic op­ thereon; (b) to deny liability of the a sum less than the total amount due portunity and disaster loan participation thereon; and (b) to deny liability of the Small Business Administration under agreements with banks. the terms of a participation or guaranty Small Business Administration under the agreement, or the assertion of a claim 5. To execute loan authorizations for terms of a participation or guaranty for recovery from a participating bank Washington and area approved loans agreement, or the assertion of a claim under any alleged violation of a partici­ and for loans approved under delegated for recovery from a participating bank pation or guaranty agreement; and (c) authority, said execution to read as under any alleged violation of a partici­ the cancellation of authority to liquidate. follows : pation or guaranty agreement. (Name) , Administrator, B. Size determination. To make ini­ F. Financial Assistance Coordinator— B y ------.------1. Eligibility determinations (for finan­ * (Name) tial size determinations in all cases with­ cial assistance only). To determine Regional Director. in the meaning of the Small Business eligibility of applicants for assistance (City) Size Standards Regulations, as amended, under any program of the Agency in ac­ and further to make product classifica­ cordance with Small Business Admin­ 6. To cancel, reinstate, modify and tion decisions for financial assistance istration standards and policies. amend authorizations for business, eco­ purposes only. Product classification 2. Size determinations (for financialnomic opportunity and disaster loans. decisions for procurement purposes are assistance only). To make initial size 7. To extend the disbursement period made by contracting officers. determinations in all cases within the on all loan authorizations or undisbursed C. Eligibility determinations. To de­ meaning of the Small Business Size portions of loans. termine eligibility of applicants for as­ Standards Regulations, as amended, and 8. To approve, when requested, in ad­ sistance under any program of wjÇ further, to make product classification vance of disbursement, conformed copies Agency in accordance with Small Busi­ decisions for financial assistance pur­ of notes and other closing documents; ness Administration standards an poses only. Product classification deci­ and certify to the participating bank policies.

FEDERAL REGISTER, VOL. 32, NO. -36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3191

D. Administration. 1. To purchase on construction loans and loans involving 8. To approve, when requested, in ad­ reproductions of loan d o c u m e n t s , accounts receivable and inventory vance of disbursement, conformed copies chargeable to the revolving fund, re­ financing. of notes and other closing documents; quested by U.S. Attorneys in foreclosure 12. To take all necessary actions in and certify to the participating bank cases. connection with the administration, that such documents are in compliance 2. To (a) purchase office supplies and servicing and collection, other than those with the participation authorization. equipment, including office machines, accounts classified as “in liquidation”; 9. To approve service charges by par­ and rent regular office equipment and and to do and to perform and to assent ticipating banks not to exceed 2 percent furnishings; (b) contract for repair and to the doing and performance of, all and per annum on the outstanding balance maintenance of equipment and furnish­ every act and thing requisite and proper on construction loans and loans involving ings; (c) contract for services required to effectuate the granted powers, includ­ accounts receivable and inventory fi­ in setting up and dismantling and mov­ ing without limiting the generality of the nancing. ing SBA exhibits and (d) issue Govern­ foregoing: 10. To take all necessary actions in ment bills of lading. a. The assignment, endorsement, connection with the administration, 3. In connection with the establish­ transfer and delivery (but in all cases servicing, and collection, other than ment of Disaster Loan Offices, to obligate without representation, recourse or war­ those accounts classified as “in liquida­ Small Business Administration, to reim­ ranty) of notes, claims, bonds, deben­ tion”;.and to do and to perform and to burse the General Services Administra­ tures, mortgages, deeds of trust, con­ assent to the doing and performance of, tion for the rental of office space. tracts, patents and applications therefor, all and every act and thing requisite and 4. To rent motor vehicles from the licenses, certificates of stock and deposit, proper to effectuate the granted powers, General Services Administration and to and any other liens, powers, rights, including without limiting the generality rent garage space for the storage of such charges on and interest in or to property of the foregoing: vehicles when not furnished by this of any kind, legal and equitable, now or a. The assignment, e n d o r s e m e n t , Administration. hereafter held by the Small Business transfer and delivery (but in all cases E. Chiefs, Financial Assistance Divi­ Administration or its Administrator; without representation, recourse, or war­ sions (and Assistant Chiefs, if assigned). b. The execution and delivery of con­ ranty) of notes, claims, bonds, deben­ 1. Size determinations for financial as­ tracts of sale or of lease or sublease, tures, mortgages, deeds of trust, con­ sistance only: To make initial size deter­ quitclaim, bargain and sale of special tracts, patents and applications therefor, minations in all cases within the mean­ warranty deeds, bills of sale, leases, sub­ licenses, certificates of stock and of de­ ing of the Small Business Size Standards leases, assignments, subordinations, re­ posit, and any other liens, powers, rights, Regulations, as amended, and further, leases (in whole or in part) of liens, charges on and interest in or to property to make product classification decisions satisfaction pieces, affidavits, proofs of of any kind, legal and equitable, now or for financial assistance purposes only. claim in bankruptcy or other estates and hereafter held by the Small Business Ad­ Product classification decisions for pro­ such other instruments in writing as may ministration or its Administrator. curement purposes are made by contract­ be appropriate and necessary to effec­ b. The execution and delivery of con­ ing officers. tuate the foregoing. tracts of sale or of lease or sublease, quit­ - 2. Eligibility determinations for finan­ c. The approval of bank applications claim, bargain and sale of special war­ cial assistance only: To determine eligi­ for use of liquidity privileges under the ranty deeds, bills of sale, leases, subleases, bility of applicants for assistance under loan guaranty plan. assignments, subordinations, releases (in any program of the Agency in accordance d. Except: (a) To compromise or sell whole or in part) of liens, satisfaction with Small Business Administration any primary obligation or other evi­ pieces, affidavits, proofs of claim in bank­ standards and policies. dence of indebtedness owed to the ruptcy or other estates and such other in­ 3. To approve business and disaster Agency for a sum less than the total struments in writing as may be appro­ loans not exceeding $350,000 (SBA amount due thereon; and (b) to deny priate and necessary to effectuate the share), and economic opportunity loans liability of the Small Business Adminis­ foregoing. not exceeding $25,000 (SBA share). tration under the terms of a participa­ c. The approval of bank applications 4. To close and disburse approved busi­ tion or guaranty agreement, or the asser­ for use of liquidity privileges under the ness, economic opportunity and disaster tion of a claim for recovery from a par­ loan guaranty plan. loans. ticipating bank under any alleged viola­ 5. To decline business, economic op­ tion of a participation or guaranty d. Except: (a) To compromise or sell portunity and disaster loans of any agreement. any primary obligation or other evidence amount. P. Supervisory Loan Officer. 1. To of indebtedness owed to the Agency for a 6. To enter into business, economic op­ approve or decline direct loans not in sum less than the total amount due portunity and disaster loan participation excess of $50,000 and participation loans thereon; and (b) to deny liability of the agreements with banks. not in excess of $50,000 (SBA share). Small Business Administration iinder the 7. To execute loan authorizations for 2. To approve or decline economic terms of a participation or guaranty Washington, area, and regional approved opportunity loans not in excess of $25,000 agreement or the assertion of a claim for loans and loans approved under dele­ (SBA share). recovery from a participating bank under gated authority, said execution to read 3. To close and disburse approved any alleged violation of a participation as follows : business, economic opportunity and dis­ or guaranty agreement. (Name), Administrator, aster loans. ' '--v- 11. Size determinations for financial By------assistance only: To make initial size (Name) 4. To enter into business loan partic­ determinations in all cases within the Title of person signing. ipation agreements with banks. meaning of the Small Business Size 5. To execute loan authorizations for 8- To cancel, reinstate, modify and Standards Regulations, as amended, and Washington, area, and regional approved further, to make product classification amend authorizations for business, eco­ loans and loans approved under dele­ nomic opportunity and disaster loans. decisions for financial assistance pur­ gated authority, said execution to read poses only. Product classification de­ »• To extend the disbursement period as follows: on all loan authorizations or undisbursed cisions for procurement purposes are Portions of loans. (Name) , Administrator, made by contracting officers. B y ------12. Eligibility determinations for fi­ 10. To approve, when requested, in ad­ (Name) vance of disbursement, conformed copies Title of person signing. nancial assistance only: To determine oi notes and other closing documents; eligibility of applicants for assistance to the participating bank that 6. To cancel, reinstate, modify and under any program of the Agency in uch documents are in compliance with amend authorizations for business, eco­ accordance with Small Business Admin­ ne participation authorization. nomic opportunity and disaster loans. istration standards and policies. .. . ,f° approve service charges by par- 7. To extend the disbursement period G. Loan Officer. 1. To approve final cipating banks not to exceed 2 percent on all loan authorizations or undisbursed actions concerning current direct or par­ p r annum on the outstanding balance portions of loans. ticipation loans :

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36----- 9 3192 NOTICES

a. Use of the cash surrender value of V. The authority delegated herein to d. Except: (a) To compromise or sell life insurance to pay the premium on the a specific position may be exercised by any primary obligation or other evidence policy. any SBA employee designated as acting of indebtedness owed to the Agency for a b. Release of dividends of life insur­ in that position. sum less than the total amount due ance or consent to application against VT. All previously delegated authority thereon; and (b) to deny liability of the premiums. . is hereby rescinded without prejudice to Small Business Administration under the c. Minor modifications in the authori­ actions taken under such Delegations of terms of a participation or guaranty zation. Authority prior to the date hereof. agreement, or the assertion of a claim for d. Extension of disbursement period. Effective date: September 1, 1966. recovery from a participating bank under e. Extension of initial principal pay­ any alleged violation of a participation ments. Thomas J. N oonan, or guaranty agreement. f. Adjustment of interest payment Area Administrator, B. Supervisory Loan Officer (.Eco­ dates. Northeastern Area Office. nomic Development). 1. To close and g. Release of hazard insurance checks [F.R. Doc. 67-2006; Filed, Feb. 21, 1967; disburse sections 501 and 502 loans. not in, excess of $200 and endorse such 8:46 a.m.] 2. To extend the disbursement period checks on behalf of the Agency where on sections 501 and 502 loan authoriza­ SBA is named as joint loss payee. tions or undisbursed portions of sections h. Release of equipment with or with­ [Delegation of Authority 30 (Midwestern 501 and 502 loans. out consideration where the value of Area)] 3. To cancel wholly or in part undis­ equipment being released does not exceed ECONOMIC DEVELOPMENT bursed balances of partially disbursed $ 200. COORDINATOR ET AL. sections 501 and 502 loans. 2. To close and disburse approved 4. To take all necessary actions in business, economic opportunity and dis­ Delegation of Authority To Conduct connection with the administration, aster loans. Program Activities in Midwestern servicing, and collection; and to do and H. Regional Counsel lReserved1. perform and to assent to the doing and I. Chief, Accounting, Clerical and Area performance of, all and every act and Training Division. 1. To purchase re­ Pursuant to the authority delegated thing requisite and proper to effectuate productions of loan documents, charge­ to the Area Administrator by Delega­ the granted powers, including without able to the revolving fund, requested by tion of Authority No. 30 (Rev. 12), 32 limiting the generality of the foregoing. U.S. Attorney in foreclosure cases. F.R. 179, the following authority is a. The assignment, endorsement, 2. To (a) purchase office supplies and hereby redelegated to the positions as transfer and delivery (but in all cases equipment, including office machines, indicated herein: without representation, recourse or war­ and rent regular office equipment and 1. Area Coordinators: ranty) of notes, claims, bonds, deben­ furnishings; (b) contract for repair and A. Economic Development Coordina­tures, mortgages, deeds of trust, con­ maintenance of equipment and furnish­ tor. **i. To approve or decline section tracts, patents and applications therefor, ings; (c) contract for services required 501 State Development Company loans licenses, certificates of stock and of de­ ' in setting up and dismantling and mov­ without dollar limitation and section posit, and any other liens, powers, rights, ing SBA exhibits and (d) issue Govern­ 502 Local Development Company loans charges on and interest in or to property ment bills of lading. up to $350,000 (SBA share)., of any kind, legal and equitable, now or 3. In connection with the establish­ 2. To close and disburse sections 501 hereafter held by the Small Business ment of Disaster Loan Offices, to obligate and 502 loans. Administration or its Administrator. Small Business Administration to re­ 3. To extend the disbursement period b. The execution and delivery of as­ imburse General Services Administration on sections 501 and 502 loan authoriza­ signments, subordinations, releases (in for the rental of office space. tions or undisbursed portions of sections whole or part) of liens, satisfaction 4. To rent motor vehicles from the 501 and 502 loans. pieces, affidavits, proofs of claim in bank­ General Services Administration and to 4. To cancel wholly or in part undis­ ruptcy or other estates and such other rent garage space for the storage of such bursed balances of partially disbursed instruments in writing as may be appro­ vehicles when not furnished by this sections 501 and 502 loans. priate and necessary to effectuate the Administration. 5. To take all necessary actions in foregoing. J. Assistant Chief, Accounting, Cleri­ connection with the administration, c. The approval of bank applications cal and Training Division. 1. To pur­ servicing, and collection; and to do and for use of liquidity privilege under the chase reproductions of loan documents, perform and to assent to the doing and loan guaranty plan. chargeable to the revolving fund, re­ performance of, all and every act and d. Except: (a) To compromise or sell quested by U.S. Attorney in foreclosure thing requisite and proper to effectuate any primary obligation or other evidence the granted powers, including without of indebtedness owed to the Agency for cases. a sum less than the total amount due 2. To (a) purchase office supplies and limiting the generality of the foregoing. a. The a s s i g n m e n t endorsement, thereon; and (b) to deny liability of the equipment, including office machines, Small Business Administration under and rent regular office equipment and transfer and delivery (but in all cases without representation, recourse or war­ the terms of a participation or guaranty furnishings; (b) contract for repair and agreement, or the assertion of a claim maintenance of equipment and furnish­ ranty) of notes, claims, bonds, deben­ tures, mortgages, deeds of trust, con­ for recovery from a participating bank ings; (c) contract for services required under any alleged violation of a partic­ in setting up and dismantling and mov­ tracts, patents and applications there­ for, licenses, certificates of stock and of ipation or guaranty agreement. ing SBA exhibits and (d) issue Govern­ C. Liquidation and Disposal Co­ ment bills of lading. deposit, and any other liens, powers, rights, charges on and interest in or to ordinator. 1. To take all necessary 3. In connection with the establish­ property of any kind, legal and equitable, actions in connection with the liquida­ ment of Disaster Loan Offices, to obligate now or hereafter held by the-Small Busi­ tion and disposal of all loans and other Small Business Administration to reim­ ness Administration or its Administrator. obligations or assets, including collateral burse General Services Administration b. The execution and delivery of as­ purchased; and to do and perform and for the rental of office space. signments, subordinations, releases (in to assent to the doing and performance 4. To rent motor vehicles from the whole or part) of liens, satisfaction of, all and every act and thing requisite General Services Administration and to pieces, affidavits, proofs of claim in bank­ and proper to effectuate the granted rent garage space for the storage of such ruptcy or other estates and such other powers, including without limiting the -vehicles when not furnished by this instruments in writing as may be appro­ generality of the foregoing: Administration. priate and necessary to effectuate the a. The assignment, endorsement, III. Branch Managers [Reserved]. foregoing. transfer and delivery (but in all cases IV. The specific authority delegated c. The approval of bank applications without representation, recourse or war­ herein, indicated by double asterisks ( * * ) for use of liquidity privilege under the ranty) of notes, claims, bonds, deben­ cannot be redelegated. loan guaranty plan. tures,'- mortgages, deeds of trust, con-

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3193 tracts, patents and applications therefor, d. To advertise regarding the public portunity loans not exceeding $25,000 licenses, certificates of stock and of sale of (a) collateral in connection with (SBA share). deposit, and any other liens, powers, the liquidation of loans and (b) acquired 2. To decline business, economic op­ rights, charges on and interest in or to property. portunity and disaster loans of any property of any kind, legal and equit­ e. Except: (a) To compromise or sell amount. able, now or hereafter held by the Small any primary obligation or other evidence 3. To close and disburse approved Business Administration or its Admin­ of indebtedness owed to the Agency for loans. 4. To enter into business, economic op­ istrator. a sum less than the total amount due b. The execution and delivery of con­ thereon; (b) to deny liability of the portunity and disaster loan participation tracts of sale or of lease or sublease, Small Business Administration under agreements with banks. quitclaim, bargain and sale of special the terms of a participation or guaranty 5. To execute loan authorizations for warranty deeds, bills of sale, leases, sub­ agreement, or the assertion of -a claim Washington and area approved loans leases, assignments, subordinations, re­ for recovery from a participating bank and for loans approved under delegated leases (in whole or part) of liens, satis­ under any alleged violation of a partici­ authority, said execution to read as faction pieces, affidavits, proofs of claim pation or guaranty agreement; and (c) follows : the cancellation of authority to liquidate. (Name), Administrator in bankruptcy or other estates and such By ------other instruments in writing as may be E. Financial Assistance Coordinator— (Nam e) appropriate and necessary to effectuate 1. Eligibility determinations (for finan­ Regional Director. the foregoing. cial assistance only). To determine (City) c. To take all necessary action in eligibility of applicants for assistance liquidating Economic Development Ad­ under any program of the Agency in ac­ 6. To cancel, reinstate, modify and ministration loans and acquired cordance with Small Business Admin­ amend authorizations for business, eco­ collateral when and as authorized by istration standards and policies. nomic opportunity and disaster loans. Economic Development Administration. 2. Size determinations if or financial 7. To extend the disbursement period d. To advertise regarding the public assistance only). To make initial size on all loan authorizations or undisbursed sale of (a) collateral in connection with determinations in all case within the portions of loans. the liquidation of loans, and (b) acquired meaning of the Small Business Size 8. To approve, when requested, in ad­ property. Standards Regulations, as amended, and vance of disbursement, conformed copies e. Except: (a) To compromise or sell further, to make product classification of notes and other closing documents; any primary obligation or other evidence decisions for financial assistance pur­ and certify to the participating bank of indebtedness owed to the Agency for poses only. Product classification deci­ that such documents are in compliance a sum less than the total amount due sions for procurement purposes are made with the participation authorization. thereon; (b) to deny liability of the by contracting officers. 9. To approve service charges by par­ Small Business Administration under P. Procurement and Management As­ ticipating banks not to exceed 2 percent the terms of a participation or guaranty sistance Coordinator—1. Eligibility de­ per annum on the outstanding principal agreement, or the assertion of a claim terminations (for PM A activities only). balance of construction loans and loans for recovery from a participating bank To determine eligibility of applicants for involving accounts receivable and in­ under any alleged violation of a partici­ assistance under any program of the ventory financing. pation or guaranty agreement. Agency in accordance with Small Busi­ **10. To establish disaster field offices D. Supervisory Liquidation and Dis­ ness Administration standards and upon receipt of advice of the designation posal Officer. 1. To take all necessary policies. of a disaster area; to advise on the mak­ actions in connection with the liquida­ 2. Size determinations (.for PMA ac­ing of disaster loans; to appoint as a tion and disposal of all loans and other tivities only). To make initial size processing representative any bank in obligations or assets, including collat­ determinations in all cases within the the disaster area; and to close disaster eral purchased; and to do and perform meaning of the Small Business Size field offices when no longer advisable and to assent to the doing and perform­ Standards Regulations, as amended, and to maintain such offices. ance of, all and every act and thing req­ further, to make product classification 11. To take all necessary actions in uisite and proper to effectuate the decisions for financial assistance pur­ connection with the administration, granted powers, including without limit­ poses only. Product classification deci­ servicing and collection, other than those ing the generality of the foregoing: ^ sions for procurement purposes are made accounts classified as “in liquidation”; a. The assignment, endorsement, by contracting officers. and to do and perform and to assent to transfer and delivery (but in all cases G. Area Administrative Officer. 1. Tothe doing and performance of, all and without representation, recourse or war­ purchase reproductions of loan docu­ every act and thing requisite and proper ranty) of notes, claims, bonds, deben­ ments, chargeable to the revolving fund, to effectuate the granted powers, includ­ tures, mortgages, deeds of trust, con­ requested by Ü.S. Attorneys in foreclo­ ing without limiting the generality of tracts, patents and applications there­ sure cases. the foregoing: - for, licenses, certificates of stock and of 2. To (a) purchase office supplies and a. T h e assignment, endorsement, deposit, and any other liens, powers, equipment, including office machines and transfer and delivery (but in all cases rights, charges on and interest in or to rent regular office equipment and fur­ Without representation, recourse, or war­ property of any kind, legal and equitable, nishings; (b) contract for repair and ranty) of notes, claims, bonds,, deben­ now or hereafter held by the Small Busi­ maintenance of equipment and furnish­ tures, mortgages, deeds of trust, con­ ness Administration or its Administra­ ings; (c) contract for services required tracts, patents and applications therefor, tor. in setting up and dismantling and mov­ licenses, certificates of stock and of de­ b. The execution and delivery of con­ ing SBA exhibits and (d) issue Govern­ posit, and any other liens, powers, rights, tracts of sale or of lease or sublease, ment bills of lading. charges on and interest in or to property quitclaim, bargain and sale of special 3. In connection with the establish­ of any kind, legal and equitable, now or warranty deeds, bills of sale, leases, sub­ ment of Disaster Loan Offices, to obligate hereafter held by the Small Business Ad­ leases, assignments, subordinations, re­ Small Business Administration to reim­ ministration or its Administrator; leases (in whole or part) of liens, satis­ burse General Services Administration b. The execution and delivery of con­ faction pieces, affidavits, proofs of claim for the rental of office space. tracts of sale or of lease or sublease, in bankruptcy or other estates and such 4. To rent motor vehicles from the quitclaim, bargain and sale of special other instruments in writing as may be General Services Administration and to warranty deeds, bills of sale, leases, sub­ appropriate and necessary to effectuate rent garage space for the storage of such leases, assignments, subordinations, re­ the foregoing. vehicles when not furnished by this leases (in whole or part) of liens, satis­ c. To take all necessary action in Administration. faction pieces, affidavits, proofs of claim liquidating Economic Development Ad­ II. Regional Directors: in bankruptcy or other estates and such ministration loans and acquired collat­ A. Financial assistance. 1. To approveother instruments in writing as may be eral when and as authorized by Economic business and disaster loans not exceeding appropriate and necessary to effectuate development Administration. $350,000 (SBA share) and economic op­ the foregoing.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3194 NOTICES c. The approval of bank applications 5. To decline business, economic op­ under any alleged violation of a partici­ for use of liquidity privilege under the portunity and disaster loans of any pation pr guaranty agreement. loan guaranty plan. amount. F. Supervisory Loan Officer. 1. To d. Except: (a) To compromise or sell 6. To enter into business, economic approve or decline direct loans not in any primary obligation or other evidence opportunity and disaster loan participa­ excess of $50,000 and participation loans of indebtedness owed to. the Agency for tion agreements with banks. not in excess of $50,000 (SBA share). a sum less than the total amount due 7. To execute loan authorizations for 2. To approve or decline economic op­ thereon: and (b) to deny liability of the Washington, area, and regional approved portunity loans not in excess of $25,000 Small Business Administration under the loans and loans approved under dele­ (SBA share). terms of a participation or guaranty gated authority, said execution to read 3. To close and disburse approved agreement, or the assertion of a claim as follows: business, economic opportunity and dis­ for recovery from a participating bank (Name), Administrator, aster loans. under any alleged violation of a partici­ B y ------4. To enter into business loan par­ pation or guaranty agreement. (Nam e) ticipation agreements with banks. B. Size determinations. To make ini­ Title of person signing 5. To execute loan authorizations for tial size determinations in all cases 8. To cancel, reinstate, modify and Washington, area, ' and regional ap­ within the meaning of the Small Busi­ amend authorizations for business, eco­ proved loans and loans approved under ness Size Standards Regulations, as nomic opportunity and disaster loans. delegated authority, said execution to amended, and further, to make product 9. To extend the disbursement period read as follows: classification decisions for financial as­ on all loan authorizations or undisbursed (Name), Administrator, sistance purposes only. Product classi­ B y ------fication decisions for procurement pur­ portions of loans. (Name) poses are made by contracting officers. 10. To approve, when requested, in ad­ Title of person signing vance of disbursement, conformed copies C. Eligibility determinations. To de­ of notes and other closing documents; 6. To cancel, reinstate, modify and termine eligibility of applicants for and certify to the participating bank amend authorizations for business, eco­ assistance under any program of the that such documents are in compliance nomic opportunity and disaster loans. Agency in accordance with Small Busi­ 7. To extend the disbursement period ness Administration standards and with the participation authorization. 11. To approve service charges by par­ oh all loan authorizations or undis­ policies. ticipating banks not to exceed 2 percent bursed portions of loans. D. Administration. 1. To purchase re­ 8. To approve, when requested, in ad­ productions of loan documents, charge­ per annum on the outstanding balance on construction loans and loans involv­ vance of disbursement, conformed copies able to the revolving fund, requested by ing accounts receivable and inventory of notes and other closing documents; U.S. Attorneys in foreclosure cases. financing. and certify to the participating bank 2. To (a) purchase office supplies and that such documents are in compliance • equipment, including office machines, 12. To take all necessary actions in connection with the administration, with the participation authorization. and rent regular office equipment and 9. To approve service charges by par­ furnishings; (b) contract for repair and servicing and collection, other than those accounts classified as “in liquidation”; ticipating banks not to exceed 2 percent maintenance of equipment and furnish­ per annum on the outstanding balance ings; (c) contract for services required and to do and to perform and to assent to the doing and performance of, all and on construction loans and loans involv­ in setting up and dismantling and mov­ ing accounts receivable and inventory ing SBA exhibits and (d) issue Govern­ every act and thing requisite and proper to effectuate the granted powers, includ­ financing. ment bills of lading. 10. To .take all necessary actions in 3. In connection with the establish­ ing without limiting the generality of the foregoing: connection with the administration, ment of Disaster Loan Offices, to obligate servicing, and collection, other than those Small Business Administration to reim­ a. The assignment, endorsement, trans­ fer and delivery (bufr in all cases without accounts classified as “in liquidation”; burse the General Services Administra­ and to do and to perform and to assent tion for the rental of office space. representation, recourse or warranty) of notes, claims, bonds^ debentures, mort­ to the doing and performance of, all and 4. To rent motor vehicles from the every act and thing requisite and proper General Services Administration and to gages, deeds of trust, contracts, patents and applications therefor, licenses, cer­ to effectuate the granted powers, includ­ rent garage space for the storage of such ing without limiting the generality of vehicles when not furnished by this Ad­ tificates of stock and deposit, and any other liens, powers, rights, charges on the foregoing : ministration. a. The assignment, endorsement, E. Chiefs, Financial Assistance Divi­ and interest in or to property of any kind, legal and equitable, now or here­ transfer and delivery (but in all cases sions (and Assistant Chiefs, if as­ without representation, recourse, or signed). 1. Size determinations for fi­ after held by the Small Business Admin­ istration or its Administrator; warranty) of notes, claims, bonds, nancial assistance only: To make initial debentures, mortgages, deeds of trust, size determinations in all cases within b. The execution and delivery of contracts of sale or of lease or sublease, contracts, patents and applications the meaning of the Small Business Size therefor, licenses, certificates of stock Standards Regulations, as amended, and quitclaim, bargain and sale of special warranty deeds, bills of sale, leases, sub­ and of deposit, and any other liens, further, to make product classification powers, rights* charges on and interest decisions for financial assistance pur­ leases, assignments, subordinations, re­ leases (in whole or in part) of liens, in or to property of any kind, legal and poses only. Product classification deci­ equitable, now or hereafter held by the sions for procurement purposes are made satisfaction pieces, affidavits, proofs of claim in bankruptcy or other estates and Small Business Administration or its by contracting officers. Administrator. 2. Eligibility determinations for finan­ such other instruments in writing as may b. The execution and delivery of con­ cial assistance only: To determine eli­ be appropriate and necessary to effectu­ ate the foregoing. tracts of sale or of lease or sublease, gibility of applicants for assistance under c. The approval of bank applications quitclaim, bargain and sale of special any program of the Agency in accord­ for use of liquidity privileges under the warranty deeds, bills of sale, leases, sub­ ance with Small Business Administration leases, assignments, subordination, re­ loan guaranty plan. leases (in whole or in part) of liens, sat­ standards and policies. d. Except: (a) To compromise or sell isfaction pieces, affidavits, proofs of 3. To approve business and disaster any primary obligation or other evidence claim in bankruptcy or other estates and loans not exceeding $350,000 (SBA of indebtedness owed to the Agency for such other instruments in writing as share), and economic opportunity loans a sum less than the total amount due may be appropriate and necessary to thereon; and (b) to deny liability of the not exceeding $25,000 (SBA share). Small Business Administration under effectuate the foregoing. 4. To close and disburse approved the terms of a participation or guaranty c. The approval of bank applications business, economic opportunity and dis­ agreement, or the assertion of a claim for use of liquidity privileges under the aster loans. for recovery from a participating bank loan guaranty plan.

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3195

d. Except: (a) To compromise or sell J. Assistant Chief, Accounting, Cleri­ a. Use of the cash surrender value of any primary obligation or other evidence cal and Training Division. 1, To pur­ life insurance to pay the premium on of indebtedness owed to the Agency for chase reproductions of loan documents, the policy. a sum less than the total amount due chargeable to the revolving fund, re­ b. Release of dividends of life insur­ thereon; and (b) to deny liability of the quested by UB. Attorney in foreclosure ance or consent to applications against Small Business Administration under cases. premiums. the terms of a particiption or guaranty 2. To (a) purchase office supplies and c. Minor modifications in the author­ agreement or the assertion of a claim for equipment, including office machines, ization. recovery from a participating bank and rent regular office equipment and d. Extension of disbursement period. under any alleged violation of a par­ furnishings; (b) contract for repan: and e. Extension of initial principal pay­ ticipation or guaranty agreement. maintenance of equipment and furnish­ ments. 11. Size determinations for financial ings; (c) contract for services required f. Adjustment of interest payment assistance only: To make initial size de­ in setting up and dismantling and mov­ dates. terminations in all cases within the ing SBA exhibits and (d) issue Govern­ g. Release of hazard insurance checks meaning of the Small Business Size ment bills of lading. not in excess of $500 and endorse such Standards Regulations, as amended, and 3. In connection with the establish­ checks on behalf of the Agency where further, to make product classification ment of Disaster Loan Offices, to obligate SBA is named as joint loss payee. decisions for financial assistance pur­ Small Business Administration to reim­ h. Release of equipment with or with­ poses only. Product classification deci­ burse General Services Administration out consideration where the value of sions for procurement purposes are for the rental of office space. equipment being released does not ex­ made by contracting officers. 4. To rent motor vehicles from the ceed $500. 12. Eligibility determinations for fi­ General Services Administration and to * * * * * nancial assistance only: To determine rent garage space for the storage of such Effective date: September 1,1966. eligibility of applicants for assistance vehicles when not furnished by this Ad­ under any program of the Agency in ac­ ministration. R obert E. W est, cordance with Small Business Adminis­ III. Branch Managers [Reserved]. Area Administrator, tration standards and policies. IV. The specific authority delegated Southwestern Area. G. Loan Officer. 1. To approve final herein, indicated by double asterisks ( * * ) [F .R . Doc. 67-2008; Filed, Feb. 21, 1967; actions concerning current direct or par­ cannot be redelegated. 8:46 ajn.] ticipation loans: V. The authority delegated herein to a. Use of the cash surrender value of a specific position may be exercised by life insurance to pay the premium on the any SBA employee designated as acting policy. in that position. INTERSTATE COMMERCE b. Release of dividends of life insur­ VT. All previously delegated authority ance or consent to application against is hereby rescinded without prejudice to COMMISSION premiums. ' actions taken under such Delegations of c. Minor modifications in the author­ Authority prior to the date hereof. [Notice 434] ization. , Effective date: September 1,1966. MOTOR CARRIER ALTERNATE d. Extension of disbursement period. ROUTE DEVIATION NOTICES e. Extension of initial principal pay­ ' R ichard E. Lassar, ments:.« Area Administrator, F ebruary 17,1967. f. Adjustment of interest payment Midwestern Area. The following letter-notices of pro­ dates. [F.R. Doc. 67-2007; Filed, Feb. 21, 1967; posals to operate over deviation routes g. Release of hazard insurance checks 8:46 a.m.] for operating convenience only have been not in excess of $200 and endorse such filed with the Interstate Commerce Com­ checks on behalf of the Agency where [Delegation of Authority 30-6 (Rev. 2), Arndt. mission, under the Commission’s Devia­ SBA is named as joint loss payee. 1, Southwestern Area, Dallas, Tex.] tion Rules Revised, 1957 (49 CFR 211.1 h. Release of equipment with or with­ (c) (8) ) and notice thereof to all inter­ out consideration where the value of LOAN OFFICER, ECONOMIC ested persons is hereby given as pro­ equipment being released does not ex­ DEVELOPMENT vided in such rules (49 CFR 211.1(d) ceed $200. (4)). 2. To close and disburse approved Delegation of Authority To Conduct Protests against the use of any pro­ business,, economic opportunity and dis­ Program Activities in Southwest­ posed deviation route herein described aster loans. ern Area may be filed with the Interstate Com­ H. Regional Counsel [Reserved). Pursuant to the authority delegated to merce Commission in the manner and I. Chief, Accounting, Clerical and form .provided in such rules (49 CFR Training Division. 1. To purchase re­ the Area Administrators by Delegation of Authority No. 30 (Rev. 12), 32 F.R. 179, 211.1(e) ) at any time, but will not oper­ productions of loan documents, charge­ ate to stay commencement of the pro­ able to the revolving fund, requested by Delegation of Authority No. 30-6 (Rev. 2), Southwestern Area, 32 F.R. 2674, posed operations unless filed within 30 U.S. Attorney in foreclosure cases. days from the date of publication. 2. To (a) purchase office supplies and dated February 8,1967, is hereby amend­ ed by adding new item I.C. as follows and Successively filed letter-notices of the equipment, including office machines, same carrier under the Commission’s and rent regular office equipment and relettering items I.C., I.D., I.E., I.F., and I.G. to read I.D., I.E., I F-, 1X5., and I.H., Deviation Rules Revised, 1957, will be furnishings; (b) contract for repair and numbered consecutively for convenience ■maintenance of equipment and furnish­ respectively: J * * * in identification and protests if any ings; (c) contract for services required should refer to such letter-notices by in setting up and dismantling and mov­ C. Loan Officer (Economic Develop­ ing SBA exhibits and (d) issue Govern­ ment) : 1. To close and disburse sections number. ment bills of lading. 501 and 502 loans. MOTOR CARRIERS OF PROPERTY 2. To extend the disbursement period 3. in connection with the establish­ No. MC 200 (Deviation No. 11), RISS ment of Disaster Loan Offices, to obligate on sections 501 arid 502 loans. & COIMP ANY, INC., 903 Grand Avenue, Small Business Administration to reim­ 3. To cancel wholly or in part undis­ Kansas City, Mo. 64106, filed February 6, burse General Services Administration bursed balances of partially disbursed 1967. Carrier’s representative: Ivan E. for the rental of office space. sections 501 and 502 loans. Moody (same address as above). Car­ 4 To rent motor vehicles from the 4. To approve final actions concerning rier proposes to operate as a common General Services Administration and to carrier, by motor vehicle, of classes A and rent garage space for the storage of such current direct, participation, and 40 per­ vehicles when not furnished by this Ad­ cent First Mortgage Plan—501 and 502 B explosives, over a deviation route as ministration. loans: follows: From Oklahoma City, Okla.,

FEDERAL REGISTER, VOL 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3196 NOTICES over Interstate Highway 40 to junction carrier is presently authorized to trans­ Jr., 1515 Park Building, Pittsburgh, Pa. Indian Nation Turnpike, thence over port the same commodities, over a perti­ 15222. Carrier proposes to operate as a Indian Nation Turnpike to junction U.S. nent service route as follows: From Al­ common carrier, by motor vehicle, of Highway 69, approximately 3 miles south bany, N.Y., over U.S. Highway 20 to general commodities, with certain excep­ of McAlester, Okla., and return over the Boston, Mass., thence over U.S. Highway tions, over deviation routes as follows: same route, for operating convenience 1 to New York, N.Y., and return over the (1) From Pittsburgh, Pa., over U.S. only. The notice indicates that the same route. Highway 22 to the Monroeville Inter­ carrier is presently authorized to trans­ No. MC 29988 (Deviation No. 23) D C change of the Pennsylvania Turnpike port the. same commodities, over perti­ INTERNATIONAL, INC., 45th and Jack- (Interchange No. 6), thence east over nent service routes as follows: (1) From son Streets, Denver, Colo. 80216, filed the Pennsylvania Turnpike to the New Oklahoma City, Okla., over U.S. Highway February 10, 1967. Carrier’s representa­ Stanton Interchange (Interchange No. 270 to McAlester, Okla., and (2) from tive: Edward G. Bazelon, 39 South La 8), thence north over U.S. Highway 119 Oklahoma City, Okla., over U.S. Highway Salle Street, Chicago, 111. 60603. Carrier to Youngwood, Pa., (2) from junction 270 to Calvin, Okla., thence over U.S. proposes to operate as a common carrier, U.S. Highway 30 and the Pennsylvania Highway 75 to Atoka, Okla., and thence by motor vehicle, of general commodities, Turnpike, at Irwin, Pa. (Interchange No. over U.S. Highway 69 to McAlester, with certain exceptions, over a deviation 7) east over the Pennsylvania Turnpike Okla., and return over the same routes. route as follows: From Denver, Colo., to the New Stanton Interchange (Inter­ No. MC 7418 (Deviation No. 1), SALEM over Interstate Highway 70 via Kansas change No. 8), thence north over U.S. NAVIGATION COMPANY, 320 South­ City, Mo., to junction Interstate High­ Highway 119 to Youngwood, Pa., and (3) east Capitol, Salem, Oreg. 97308, filed way 270 at or near the Lambert-St. Louis from junction U.S. Highway 30 and un­ February 7, 1967. Carrier’s representa­ Municipal Airport near St. Louis, Mo., numbered highway (formerly portion tive : William B. Adams, Pacific Building, thence over Interstate Highway 270 to U.S. Highway 30), west of Greensburg, Portland, Oreg. 97204. Carrier proposes junction Interstate Highway 70 at or Pa., east over U.S. Highway 30 (Greens­ to operate as a common carrier, by motor near Troy, 111., thence over Interstate burg Bypass) to junction unnumbered vehicle, of general commodities, with cer­ Highway 70 (as portions are completed, highway (formerly portion U.S. Highway tain exceptions, over a deviation route and U.S. Highway 40 to whatever ex­ 30) east of Greensburg, Pa., and return as follows: Between Salem, Oreg., and tent may be necessary because of the in­ over the same routes for operating con­ Portland, Oreg., over Interstate Highway completeness of Interstate Highway 70, venience only. The notice indicates that 5, for operating convenience only. The until such time as that highway is com­ the carrier is presently authorized to notice indicates that the carrier is pres­ pleted) to junction Interstate Highway transport the same commodities over per­ ently authorized to transport the same 71 at or near Columbus, Ohio, thence tinent service routes as follows:' (1) commodities, over a pertinent service over Interstate Highway 71 to junction From Pittsburgh, Pa., over U.S. Highway route as follows: From Salem, Oreg., over Interstate Highway 90 at or near Cleve­ 30 to junction unnumbered highway U.S. Highway 99E to Portland, Oreg., land, Ohio, thence over Interstate High­ (formerly portion U.S. Highway 30), thence over U.S. Highway 99 to Van­ way 90 to Buffalo, N.Y., and return over thence over unnumbered highway to couver, Wash., and return over the same the same route, for operating conven­ Greensburg, Pa., thence over U.S. High­ route. ience only. The notice indicates that the way 119 to Youngwood, Pa., (2) from No. MC 24943 (Deviation No. 1), carrier is presently authorized to trans­ junction U.S. Highway.30 and the Penn­ WOODBURN TRUCK LINE, INC., 1365 port the same commodities, over perti­ sylvania Turnpike at Irwin, Pa., over North Front Street, Woodbum, Oreg. nent service routes as follows: (1) From U.S. Highway 30 to junction unnumbered 97071, filed February 8, 1967. Carrier’s Denver, Colo., over U.S. Highway 85 to highway (formerly U.S. Highway 30), representative: Robert R. Hollis, Com­ Greeley, Colo., thence over U.S. High­ thence over the route specified in (1) to monwealth Building, Portland, Oreg. way 34 to junction U.S. Highway 6, Youngwood, Pa., and (3) from junction 97204. Carrier proposes to operate as a thence over U.S. Highway 6 to Sterling, U.S. Highway 30 and unnumbered high­ common carrier, by motor vehicle, of Colo, (also from Denver over U.S. High­ way (formerly U.S. Highway 30), west general commodities, with certain ex­ way 6 to Sterling), thence over U.S. of Greensburg, Pa., east over unnum­ ceptions, over a deviation route as fol­ Highway 138 to junction U.S. Highway bered highway via Greensburg, Pa., to lows: Between Portland, Oreg., and 30, thence over U.S. Highway 30 to junc­ junction U.S. Highway 30, and return Woodbum, Oreg., over Interstate High­ tion Alternate U.S. Highway 30, thence over the same routes. way 5, for operating convenience only. over Alternate U.S. Highway 30 to Chi­ No. MC 106051 (Deviation No. 2), OLD The notice indicates that the carrier is cago, 111., (2) from Denver, Colo., over COLONY TRANSPORTATION CO., presently authorized to transport the U.S. Highway 40 to Limon, Colo., thence INC., Post Office Box 5, 56 Prospect same commodities, over a pertinent serv­ over U.S. Highway 24 to Halford, Kans., Street, New Bedford, Mass. 02740, filed ice route as follows: From Portland, thence over U.S. Highway 83 to Oakley, February 8, 1967. Carrier’s representa­ Oreg., over U.S. Highway 99 to Oregon Kans., thence over U.S. Highway 40 to tive: Francis E. Barrett, Professional City, • Oreg., thence over U.S. Highway Topeka, Kans., thence over U.S. High­ Building, 25 Bryant Avenue, East Milton, 99E to Gervais, Oreg., and return over way 24 to Kansas City, Mo. (also from Mass. 02186. Carrier proposes to operate the same route. Topeka over U.S. Highway 40 to Kansas as a common carrier, by motor vehicle, of No. MC 29988 (Deviation No. 22), D C City), thence over U.S. Highway 40 to St. general commodities, with certain excep­ INTERNATIONAL, INC., 45th and Jack- Louis, Mo., and (3) from Chicago, 111., tions, over a deviation route as follows: son Streets, Denver, Colo. 80216, filed over U.S. Highway 20 to junction U.S. From junction U.S. Highway 1 and Inter­ February 10, 1967. Carrier’s representa­ Highway 62, approximately 4 miles north state Highway 95 at or near Danvers, tive: Edward G. Bazelon, 39 South La of Hamburg, N.Y., thence over U.S. Mass., over Interstate Highway 95 to Salle Street, Chicago, HI. 60603. Carrier Highway 62 to Buffalo, N.Y., thence over Brunswick, Maine, and return over the proposes to operate as a common carrier, New York Highway 130 to junction U.S. same route, for operating convenience by motor vehicle, of general commodities, Highway 20, thence over U.S. Highway only. The notice indicates that th e car­ with certain exceptions, over a deviation 20 via Avon, Auburn, and Lafayette, rier is presently authorized to transport route as follows: From New York, N.Y., N.Y., to Albany, N.Y. (also from Buffalo the same commodities over a pertinent over Interstate Highway 95 to junction service route as follows: From Boston, Interstate Highway 91 at on near New over New York Highway 5 to Albany), thence over U.S. Highway 9 (also U.S. Mass., over U.S. Highway 1 to Brunswick, Haven, Conn., thence over Interstate Highway 9W) to New York, N.Y., and Maine, and return over the same route. Highway 91 to junction Interstate High­ return over the same routes. No. MC 107576 (Deviation No. 1>, way 84 at or near Hartford, Conn., thence SITES SILVER WHEEL FREIGHT­ over Interstate Highway 84 to junction No. MC 65134 (Deviation No. 1), LINES, INC., 1321 Southeast Water Ave­ Interstate Highway 90 (Massachusetts HARRY R. RIDILLA, doing business as nue, Portland, Oreg. 97214, filed Febru­ Turnpike), thence over Interstate High­ H & H MOTOR FREIGHT CO., 2702 ary 10, 1967. Carrier’s representative: way 90 to Boston, Mass., and return over Raymond Avenue Extended, Latrobe, Kenneth G. Thomas (same address as the same route, for operating conven­ Pa. 15650, filed February 8, 1967. Car­ above). Carrier proposes to operate as a ience only. The notice indicates that the rier’s representative: Henry M. Wick, common carrier, by motor vehicle, of gen~

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3197 eral commodities, with certain excep­ (North Cove Fort Junction), over Inter­ way to Spring City, Pa., thence over tions, over deviation routes as follows: state Highway 15 to junction unnum­ unnumbered highway to Royersford, Pa., (1) From Portland, Oreg., over Interstate bered highway (Pine Creek Summit thence over Pennsylvania Legislative Highway 5 to junction unnumbered high­ Junction, Utah), (5) from junction un­ Route 46815 to junction UB. Highway way (access road), thence over unnum­ numbered highway and Interstate High­ 422, and return over the same routes. bered highway to Harrisburg, Oreg., and way 15 (Wildcat Junction, Utah), over By the Commission. (2) from Portland, Oreg., over Interstate Interstate Highway 15 to junction un­ Highway'5 to Salem, Oreg., and return numbered highway (North Beaver Junc­ [seal] HL N eil G arson, over the same routes, for operating con­ tion, Utah), (6) from Cedar City, Utah, Secretary. venience only. The notice indicates that over Interstate Highway 15 to junction [FJt. Doc. 67-2026; Filed, Feb. 21, 1967; the carrier is presently authorized to unnumbered highway (South Kanar- 8:46 a.m.] transport the same commodities, over raville Junction, Utah), and (7) from pertinent service routes as follows: (1) Junction Interstate Highway 15 and From Portland, Oreg., over U.S. Highway Utah Highway 15 (Anderson Junction, [Notice No. 1030] 99E to junction U.S. Highway 99, thence Utah), over Interstate Highway 15 to MOTOR CARRIER APPLICATIONS AND over U.S. Highway 99 to junction Oregon junction unnumbered highway (East St. CERTAIN OTHER PROCEEDINGS Highway 164 north of Jefferson, Oreg., George Junction, Utah), and return over thence over Oregon Highway 164 to junc­ the same routes, for operating conven­ F ebruary 17, 1967. tion U.S. Highway 99 at a point south of ience only. The notice indicates that The following publications are gov­ Jefferson, thence over U.S. Highway 99 the carrier is presently authorized to erned by Special Rule 1.247 of the Com­ to Harrisburg, Oreg., and (2) from Port­ transport passengers and the same prop­ mission’s rules of practice, published in land, Oreg., over U.S. Highway 99E to erty over a pertinent service route as fol­ the F ederal R egister issue of April 20, Salem, Oreg., and return over the same lows: From Salt Lake City, Utah, over 1966, which became effective May 20, routes. U.S. Highway 91 to junction Interstate 1966. No. MC 108473 (Deviation No. 12), Highway 15 (Dog Valley Junction), The publications hereinafter set forth ST. JOHNSBURY TRUCKING COM­ thence over Interstate Highway 15 to reflect the scope of the applications as PANY, INC., 38 Main Street, St. Johns- junction unnumbered highway (North filed by applicant, and may include de­ bury, Vt. 05819, filed February 7, 1967. Cove Fort Junction), thence over un­ scriptions- restrictions, or limitations Carrier’s representative: Francis E. Bar­ numbered highway to junction Inter­ which are not in a form acceptable to the rett, Professional Building, 25 Bryant state Highway 15 (Pine Creek Summit Commission. Authority which ulti­ Avenue, East Milton, Mass. 02186. Car­ Junction), thence over Interstate High­ mately may be granted as a result of the rier proposes- to operate as a common way 15 to junction unnumbered highway applications here noticed will not neces­ carrier, by motor vehicle, of general com­ (Wildcat Junction), thence over un­ sarily reflect the phraseology set forth modities, with certain exceptions, over numbered highway to junction U.S. in the application as filed, but also will a deviation route as follows: Between Highway 91 (North Beaver Junction), eliminate any restrictions which are not the southern termini of Interstate High­ thence over UB. Highway 91 to Cedar acceptable to the Commission. way 93 at Boston, Mass., and Plymouth, City, thence over unnumbered highway N.H., over Interstate Highway 93, for to junction Interstate Highway 15 (South Applications Assigned for O ral operating convenience only. The notice Kanarraville Junction), thence over In­ H earing indicates that the carrier is presently terstate Highway 15 to junction unnum­ MOTOR CARRIERS OF PROPERTY authorized to transport the same com­ bered highway (Anderson Junction), No. MC 2307 (Sub-No. 6 )‘ (Republi­ modities, over a pertinent service route thence over unnumbered highway to cation) filed July 17, 1966, published as follows: From Newport, Vt., over U.S. junction U.S. Highway 91 (East St. F ederal R egister issue of September 22, Highway 5 to Wells River, Vt., thence George Junction), thence over U.S. 1966, and republished this issue. Appli­ over U.S. Highway 302 to Woodsville, Highway 91 to the Utah-Arizona State cant: MAINE-BORDER FREIGHT- NH., thence over New Hampshire High­ line (connects with Arizona Route 17). WAYS, a corporation, 1093 North Mon- way 10 to Haverhill, N.H., thence over No. MC 109736 (Deviation No. 5), tello Street, Brockton, Mass. Applicant’s New Hampshire Highway 25 to Plym­ CAPITOL BUS COMPANY, Fourth and representative: Mary E. Kelley, 10 Tre- outh, N.H., thence over U.S. Highway Chestnut Streets, Harrisburg, Pa. 17101, mont Street, Boston, Mass. 02108. By 3 to Franklin, N.H. (also from Plymouth filed February 9, 1987. Carrier’s repre­ application filed July 17, 1966, applicant over New Hampshire Highway 3A to sentative: James E. Wilson, 1735 K seek a certificate of public convenience Franklin), thence over U.S. Highway Street NW., Washington, D.C. 20006. and necessity authorizing operation, in 3 via Manchester, N.H., to Boston, Mass., Carrier proposes to operate as a common interstate or foreign commerce, as a and return over the same route. carrier, by motor vehicle, of passengers common carrier by motor vehicle, over Motor Carriers of P assengers and their baggage, and express and news­ irregular routes, of general commodities papers in the same vehicle with pas­ No. MC 1515 (Deviation No. 356) (except those of unusual value, classes sengers, over a deviation route as follows: A and B explosives, household goods, (Cancels Deviation No. 263), GREY­ From Lebanon, Pa., over Pennsylvania commodities in bulk, commodities re­ HOUND LINES, INC. (Western Divi­ Highway 72 to junction Pennsylvania sion) , Market and Fremont Streets, San quiring special equipment and those Turnpike at Exit 20, thence over the injurious or contaminating to other lad­ Francisco, Calif. 94106, filed February Pennsylvania Turnpike to Exit 24 near 7,1967. Carrier’s representative: W. T. ing) , between points in Maine author­ Valley Forge, Pa., and return over the ized to be served by applicant in Meinhold, 371 Market Street, San same route, for operating convenience Francisco, Calif. 94105. Carrier pro­ certificate No. MC 2307, on the one hand, only. The notice indicates that the car­ and, on the other, points of entry in poses to operate as a common carrier, by rier is presently authorized to transport motor vehicle, of passengers and their Maine located on the international passengers and the same property, over boundary line between the United States baggage, and express and newspapers, pertinent service routes as follows: (1) in the samé vehicle with passengers, and Canada, restricted to traffic moving From Philadelphia, Pa., over U.S. High­ to or from Provinces of Nova Scotia, over deviation routes as follows: (1) way 422 via Reading and Lebanon, Pa., From Salt Lake City, Utah, over Inter­ New Brunswick, Price Edward Island, to Harrisburg, Pa., and (2) from Phil­ and Newfoundland, Canada. An order state Highway 15 to junction U.S. High­ adelphia, Pa., over the Schuylkill Ex­ way 91 (Murray, Utah), (2) from junc- of the Commission, Operating Rights hon U.S. Highway 91 and Interstate pressway to junction Pennsylvania High­ Board No. 1, dated January 31, 1967, and Highway 15 (North Lehi Junction, way 23, thence over Pennsylvania High­ served February 14, 1967, as amended, Utah), over Interstate Highway 15 to way 23, to junction Pennsylvania finds that the present and future public Provo, Utah, (3) from Provo, Utah, over Highway 724, thence over Pennsylvania convenience and necessity require oper­ Interstate Highway 15 to Spanish Fork, Highway 724 to junction unnumbered ation by applicant, in interstate or for­ Utah, (4) from junction unnumbered highway (formerly Pennsylvania High­ eign commerce, as a common carrier, by highway and Interstate Highway 15 way 83), thence over unnumbered high­ motor vehicle, over regular routes, of

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3198 NOTICES

general commodities (except those of mission, Operating Rights Board No. 1, (3) That part of Georgia on and north unusual value, classes A and B explosives, dated January 31, 1967, and served Feb­ of a line beginning at the Georgia- household goods as defined by the Com­ ruary 14, 1967, finds that matters con­ Alabama State line, and extending along mission, commodities in bulk, commodi­ cerning applicant’s fitness are in issue in U.S. Highway 80 to Geneva, Ga., thence ties requiring special equipment and a pending proceeding in No. MC-110193 east along Georgia Highway 96 to those injurious or contaminating to (Sub-No. 157), which makes it inappro­ Reynolds, Ga., thence north along other lading). priate here to determine applicant’s fit­ Georgia Highway 128 td Roberta, Ga., (1) Between Old Town, Maine, and ness properly to perform the proposed thence east along U.S. Highway 80 to the port of entry located on the inter­ service in conformity with the require­ junction Georgia Highway 57, near Ma­ national boundary line between the ments of the Interstate Commerce Act con, Ga., thence east along Georgia United States and Canada at or near and the Commission’s rules and regula­ Highway 57 to Swainsboro, Ga., thence Houlton, Maine, over U.S. Highway 2, tions thereunder. That the present and north along Georgia Highway 56 to Mid- and (2) between Mattawamkeag and future public convenience and necessity ville, Ga., thence east along Georgia Medway, Maine, over Maine Highway require operation by applicant, in inter­ Highway 17 to Millen, Ga., thence east 157, serving as intermediate or off-route state or foreign commerce, as a common along Georgia Highway 21 to Sylvania, points in connection with (1) and (2) carrier by motor vehicle, over irregular Ga., and thence northeast along U.s! above, Millinocket, East Millinocket, routes, of foodstuffs, not frozen (except Highway 301 to the Georgia-South Caro­ Medway, and Brownsville, Maine, points in bulk), in vehicles equipped with me­ lina State line, and (4) that part of in Maine on and south of a line begin­ chanical refrigeration, from the plant North Carolina on and west of a line be­ ning at the New Hampshire-Maine State and warehouse facilities of Howard D. ginning at the North Carolina-South line (at or near Wilson’s Mills) and ex­ Johnson Co., at Boston and Brockton, Carolina State line and extending along tending along Maine Highway 16 to Mass., to Cleveland, Ohio, and Chicago, U.S. Highway 221 to junction North Milo, thence along unnumbered highway 111.; that a notice of the service for which Carolina Highway 194, near Linville (formerly Maine Highway 16) via Med- a need is found in this order be pub­ Falls, N.C., thence north along North form and Howland, to West Enfield, lished in the F ederal R egister; and that Carolina Highway 194 to Ingalls, N.C., thence along U.S. Highway 2 (formerly this proceeding be, and it is hereby, held thence north along U.S. Highway 19E Maine Highway 16) to' Vanceboro, and open for further consideration of appli­ to the North Carolina-Tennessee State points in Maine within 25 miles of cant’s fitness subsequent to the deter­ line, under contract with Huntsville Harmony, with each of the described mination of No. MC-110193 (Sub-No. Brick & Tile Co.; will be consistent routes (1) and (2) restricted to the 157). Because it is possible that other with the public interest and the na­ transportation of traffic moving to or parties, who have relied upon the notice tional transportation policy; that ap­ from points in the Provinces of New of the application as published, may have plicant is fit, willing, and able prop­ Brunswick, Nova Scotia, and Prince Ed­ an interest in and would be prejudiced erly to perform such service and to wards Island, Canada; that applicant is by the lack of proper notice of the au­ conform to the requirements of the fit, willing, and able properly to perform thority which may be granted in this Interstate Commerce Act and the Com­ such service and to conform to the re­ proceeding, a notice of such authority mission’s rules and regulations there­ quirements of the Interstate Commerce will be published in the F ederal R egister, under. Because it is possible that other Act and the Commission’s rules and reg­ and issuance of any certificate in this parties, who have relied upon the ulations thereunder, and that an appro­ proceeding will be withheld for a period notice of the application as published, priate certificate should be issued subject of at least 30 days from the date of such may have an interest in and would be to the condition that the authority publication, during which period any prejudiced by the lack of proper notice granted herein shall not be severable, party in interest may file an appropriate of the authority described in the findings by sale or otherwise, from the regular- petition for leave to intervene in this in this order, a notice of the authority route authority embraced in Certificate proceeding. actually granted will be published in the No. MC 2307. Because it is possible that No. MC 116938 (Sub-No. 5) (Republi­ F ederal R egister and issuance of a per­ other parties may have an interest in cation), filed August 25, 1966, published mit in this proceeding will be withheld and would be prejudiced by the lack of F ederal R egister issue of September 14, for a period of 30 days from the date of proper notice of the authority described 1966, and republished, this issue. Appli­ such publication during which period in the findings in this order, a notice of cant: FRANK BEATY, Route 2, Man­ any proper party in interest may file an the authority actually granted will be chester, Tenn. 37355. Applicant’s repre­ appropriate petition for leave to inter­ published in the F ederal R egister and sentative: Clifford E. Sanders, 321 East vene in this proceeding. issuance of a certificate in this proceed­ Center Street, Kingsport, Tenn. 37660. No. MC 123833 (Sub-No. 14) (Repub­ ing will be withheld for a period of 30 In the above-numbered proceeding by lication), filed October 26, 1966, pub­ days from the date of such publication, order entered December 23, 1966, the lished F ederal R egister issue of Novem­ during which period any proper party in Commission, Operating Rights Board No. ber 10, 1966, and republished this issue. interest may-file an appropriate petition 1, approved the issuance to applicant of Applicant: THAMES VALLEY TRANS­ for leave to intervene in this proceeding. a permit authorizing the transportation PORTATION, INC., 385 Central Avenue, No. MC 110193 (Sub-No. 151) (Repub­ of brick, from and to the points substan­ Norwich, Conn. Applicant’s represent­ lication), filed May 13, 1966, published tially as indicated below, except that the ative: Michael J. Roberts, 1875 Con­ F ederal R egister issues of June 16,1966, authority excluded service to those points necticut Avenue NW., Washington, D.C. and August 25,1966, and republished this in Alabama, Georgia, North Carolina, 20009. By application filed October 26, issue. Applicant: SAFEWAY TRUCK and Tennessee which are within 65 miles 1966, applicant seeks a certificate of LINES, INC., 20450 Ireland Road, Post of Chattanooga, Tenn. A supplemental public convenience and necessity au­ Office Box 2628, South Bend, Ind. Ap­ order by the Commission, Operating thorizing operation, in interstate or for­ plicant’s representative: Walter J. Rights Board No. 1, dated January 31, eign commerce, as a common carrier by Kobos, Post Office Box 2628, South Bend, 1967, and served February 14,1967, finds motor vehicle, over irregular routes, of Ind. By application filed May 13, 1966, that operation by applicant, in interstate express between New London, Groton, and amended, applicant seeks a certifi­ or foreign commerce, as a contract car­ Norwich, Waterford, and Old Saybrook, cate of public convenience and necessity rier by motor vehicle, over irregular Conn., on the one hand, and, on the authorizing operation, in interstate or routes, of brick, from Huntsville, Ala., to other, LaGuardia and Kennedy Interna­ foreign commerce, as a common carrier points in (1) that part of Tennessee on tional Airports, New York, N.Y., and and east of Tennessee Highway 13, (2) by motor vehicle, over irregular routes, Newark Airport, Newark, N.J. Note: that part of Alabama on and north of a Applicant states this application is in of foodstuffs (not frozen but requiring line beginning at the Alabama-Georgia vehicles mechanically equipped for tem­ conjunction with passenger service au­ State line and extending west along thorized in its Subs 3 and 13 between the perature control), (except commodities U.S. Highway 80 to Montgomery, Ala., above destinations. An order of the in bulk) from Boston and points in Plym­ and thence northwest along U.S. High­ Commission, Operating Rights Board outh County, Mass., to Cleveland, Ohio, way 82 to the Alabama-Mississippi State No. 1, dated January 31,1967, and served and Chicago, 111. An order of the Com­ line. February 14, 1967, finds that the present

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3199

and future public convenience and applicant, in interstate or foreign com­ Hawaii) will be consistent with the public necessity require operation by applicant, merce, as a contract carrier by motor interest and the national transportation in interstate or foreign commerce, as a vehicle, over irregular routes, of scrap policy; that applicant is fit, willing, and common carrier by motor vehicle, over paper or waste paper, between Lyndhurst, able properly to perform such service and irregular routes, of general commodities N.J., on the one hand, and, on the other, to conform to the requirements of the (except classes A and B explosives, com­ New York, N.Y., and points in the New Interstate Commerce Act and the Com­ modities in bulk, and those requiring York, N.Y., Harbor Área, as defined in mission’s rules and regulations thereun­ special equipment), between New Lon­ Ex Parte No. 140 Determination of the der; and that a license authorizing such don, Groton, Norwich, Waterford, and Limits of New York Harbor and Harbors operations should be issued, subject to Old Saybrook, Conn., on the one hand, Contiguous Thereto, 49 CFR 303.1, under the right of the Commission, which is and, on the other, LaGuardia and Ken-, a continuing contract with Toga Paper hereby expressly reserved, to impose, nedy International Airports, New York, Stock Co., Inc., of New York, N.Y., will be after final determination of the proceed­ N.Y., and Newark Airport, Newark, N.J., consistent with the public interest and ing in Ex Parte No. MC 29 (Sub-No. 2), restricted to the transportation of ship­ the national transportation policy; that such terms and conditions, if any, as may ments moving in the same vehicle with applicant is fit, willing, and able prop­ be deemed necessary to insure that the passengers and their baggage who and erly to perform such service and to operations of applicant are limited to which have an immediately prior or im­ conform to the requirements of the In­ bona fide operations, as a broker of trans­ mediately subsequent movement by air­ terstate Commerce Act and the Commis­ portation by motor vehicle of passengers craft; that applicant is fit, willing, and sion’s rules and regulations thereunder; and their baggage, in special and charter able properly to perform such service that an appropriate permit should be operations, in round trip tours. Because and to conform to the requirements of issued, subject to the condition that the it is possible that other parties, who have the Interstate Commerce Act and the person or persons who control the oper­ relied upon the notice of the application Commission’s rules and regulations ations both of applicant and any other as published, may have an interest in and thereunder. Inasmuch as applicant carrier operating in interstate or foreign would be prejudiced by the lack of proper proposes to perform the proposed service commerce shall first obtain approval of notice of the authority described in the in conjunction with operations under such control under the provisions of findings in this order, a notice of the existing authority to transport passen­ section 5(2) of the act or if such approval authority actually granted will be pub­ gers and their baggage in the proposed is not needed (because of the exemption lished in the F ederal R egister and issu­ service area, which authority is re­ afforded by section 5(10) of the act as ance of a license in this proceeding will stricted to the transportation of passen­ amended), shall so inform the Commis­ be withheld for a period of 30 days from gers and their baggage having an im­ sion by affidavit indicating why such ap­ the date of such publication, during mediately prior or subsequent movement proval is unnecessary, within 90 days which period any proper party in interest by aircraft, and inasmuch as applicant after the date of service hereof, or within may file an appropriate protest or other asserts that, on occasion, some of the such additional time as may be author­ pleading. shipments herein involved will not have ized by the Commission. Because it is Applications for Certificates or P er­ such a movement, the authority granted possible that other parties, who have m its W hich Are To B e P rocessed will be subject to the restriction set forth relied upon the notice of the application Concurrently W it h A pplications above. Because it is possible that other as published, may have an interest in and U nder S ection 5 G overned by S pecial parties, who have relied upon the notice would be prejudiced by the lack of proper R ule 1.240 to the Extent Applicable of the application as published, may notice of the authority described in the have an interest in and would be preju­ findings herein, a notice of the authority No. MC 2770 (Sub-No. 12), filed Feb­ diced by the lack of proper notice of actually granted will be republished in ruary 2, 1967. Applicant: SANBORN’S the authority described in the findings the F ederal R egister and issuance of a MOTOR EXPRESS, INC., 550 Forest of this order, a notice of the authority certificate herein will be withheld for a Avenue, Portland, Maine 04101. Appli­ period of 30 days from the date of such cant’s representative: Mary E. Kelley, 10 actually granted will be published in the Tremont Street, Boston, Mass. 02108. Federal R egister and issuance of a cer­ publication, during which period any proper party in interest may file an ap­ Authority sought to operate as a com­ tificate in this proceeding will be with­ mon carrier, by motor vehicle, over held for a period of 30 days from the propriate petition for leave to intervene date of such publication, during which in this proceeding. regular routes, transporting: General No. MC 130020 (Republication), filed commodities (except those of unusual period any proper party in interest may value, classes A and B explosives, house­ October 13,1966, published F ederal R eg­ file an appropriate petition for leave to hold goods as defined by the Commission, ister issue of November 3, 1966, and re­ intervene in this proceeding. commodities in bulk, commodities re­ No. MC 127925 (Sub-No. 1) (Republi­ published this issue. Applicant: EDU­ CATIONAL TOURS OF CALIFORNIA, quiring special equipment, and those cation) , filed February 7,1966, published contaminating to other lading), (1) be­ Federal R egister issue of March 10,1966, INC., 3748C North Palm Avenue, Fresno, C alif. Applicant’s representative: tween Livermore, Maine, and Haines and republished this issue. Applicant; Landing, Maine, from Livermore over kingland PAPER HAULAGE, INC., Thomas A. MacMichael, 904 Guarantee Savings Building, Fresno, Calif. 93721. Maine Highway 108 to Rumford, Maine, 217 Post Avenue, Lyndhurst, N*J. Ap­ thence over Maine Highway 17 to Haines plicant’s representative: George A. Olsen, By application filed October 13, 1966, applicant seeks a license to engage in Landing (also from Rumford over-Maine 69 Tonnele Avenue, Jersey City, N.J. Highway 120 to Frye, Maine, thence over 07306. By application filed February 7, operations as a broker at Fresno, Calif., in arranging for transportation, in inter­ Maine Highway 17 to Haines Landing), 1966, applicant seeks a permit authorizing and return over these routes serving all operations, in interstate or foreign com­ state or foreign commerce, of passengers and their baggage, in groups, in round intermediate points and the off-route merce, as a contract carrier by motor points of Dallas, Willson Mills, and Cor- vehicle, over irregular routes of scrap or trip studentrtours during the summer va­ cations, beginning and ending at Fresno, burn Gore, Maine, and (2) between waste paper, between Lyndhurst, N.J., Rumford, Maine, and Wilton, Maine, on the one hand, and, on the other, New Calif., and extending to points in the United States. An order of the Commis­ over U.S. Highway 2, serving all inter­ York, N.Y., and the port facilities in New mediate points, and the off-route point York and New Jersey within the New sion, Operating Rights Board No. 1, dated January 27, 1967, and served February of Farmington Falls, Maine. N ote : York, N.Y., Harbor Area, as defined by This application is directly related to the Commission in Ex Parte No. 140 13,1967, finds that operation by applicant at Fresno, Calif., as a broker in arranging MC-F-9662, published in the F ederal Determination of the Limits of New York R egister issue of February 15, 1967. If Harbor and Harbors Contiguous Thereto, for transportation by motor vehicle, in a hearing is deemed necessary, applicant 49 CFR 303.1, under a continuing con­ interstate or foreign commerce, of pas­ requests it be held at Portland, Maine, tract with Toga Paper Stock Co., Inc. of sengers and their baggage, in round trip or Boston, Mass. New York, N.Y. An order of the Com­ tours, in special and charter operations, No. MC 28307 (Sub-No. 12), filed Feb­ mission, Operating Rights Board No. 1, beginning and ending at Fresno, Calif., ruary 3, 1967. Applicant: FRED ER­ dated January 31, 1967, and served Feb­ and extending to points in the United ICKSON MOTOR EXPRESS CORPO­ ruary 14, 1967, finds that operation by States (including Alaska but excluding RATION, 3400 North Graham Street, FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 No. 36-----io 3200 NOTICES

Charlotte, N.C. 28206. Applicant’s rep­ Concord, N.C., thence over U.S. Highways intermediate points, (24) between Char- resentative: J. Ruffin Bailey, Post Office 29, 29A, and 601 to Salisbury, N.C., thence lotte and Newton, N.C., over North Caro­ Box 2246, Raleigh, N.C. 27602. Author­ over U.S. Highways 29 and 29A to lina Highway 16, serving all intermediate ity sought to operate as a common car­ Greensboro, and return over the same points, (25) between Lexington and rier, by motor vehicle, over regular route, serving all intermediate points, Kernersville, N.C.: From Lexington over routes, transporting: General commodi­ and the off-route points of Rugh, Latti- U.S. Highway 52 to Winston-Salem, N.C ties (except those requiring special more, Dallas, and Cramerton, N.C., (15) thence over North Carolina Highway iso equipment), (1) between Asheville and between Charlotte and Concord, N.C.: to Kernersville, and return over the same Haw River, N.C., over U.S. Highways 70 From Charlotte over U.S. Highway 29 route, serving all intermediate points, or 70A, serving all intermediate points to junction unnumbered county road (26) between Winston- Salem and High and the off-route point of Bridgewater, approximately 2 miles north of Char­ Point, N.C., over U.S. Highway 311, serv­ N.C., (2) between Asheville and Enka, lotte, thence over unnumbered county ing all intermediate points, (27) between N.C.: From Asheville over U.S. Highways road through Newell, N.C., to junction Salisbury and Mount Airy, N.C., over 19 and 23 to junction unnumbered North Carolina Highway 49, thence U.S. Highway 601 through Mocksville, county road, thence over unnumbered over North Carolina Highway 49 through Boonville, and Dodson, .N.C., serving ali county road to Enka, and return over the Harrisburg, N.C. to junction unnum­ intermediate p o in t s , (28) between same route, serving all intermediate bered county road, approximately 5 miles Statesville, N.C., and junction North points, (3) between junction U.S. High­ north of Harrisburg, N.C., thence over Carolina Highway 268 and U.S. Highway way 70 and North Carolina Highway 126 unnumbered county road to Concord, 601: From Statesville over U.S. Highway and Nebo, N.C., over North Carolina and return over the same route, serving 21 through Harmony and Brooks Cross Highway 126, serving all intermediate all intermediate points, Roads, N.C., to Elkin, N.C., thence over points, (4) between junction U.S. High­ (16) between Asheville and Bat Cave, Nortji Carolina Highway 268 through way 70 and North Carolina Highway 114 N.C.: From Asheville over U.S. Highways Burch, N.C., to junction U.S. Highway and Drexel, N.C., over North Carolina 25 and 25A to Hendersonville, N.C., 601, and return over the same route, Highway 114, serving all intermediate thence over U.S. Highway 64 to Bat Cave, serving all intermediate points, (29) be­ points, (5) between Hickory and Brook- and return over the same route, serving tween Statesville and North Wilkesboro, ford, N.C., over North Carolina Highway all intermediate points, and the off-route N.C.: From Statesville over North Caro­ 127, serving all intermediate points, (6) points of Flat Rock and East Flat Rock, line Highway 90 to Taylorsville, N.C., between junction U.S. Highway 70 and N.C., (17) between Forest City, N.C., and thence over North Carolina Highway 16 North Carolina Highway 10 and Newton, junction North Carolina Highway 120 through Moravian Falls, N.C., to North N.C., over North Carolina Highway 10, and U.S. Highway 74: From Forest City Wilkesboro, and return over the same serving all intermediate points, (7) be­ over U.S. Highway 221A to junction route, serving all intermediate points. tween junction U.S. Highway 70 and North Carolina Highway 120, thence North Carolina Highway 100 and Bur­ (30) Between Morganton and Mora­ over North Carolina Highway 120 to vian Falls, N.C., over North Carolina lington, N.C., over North Carolina High­ junction U.S. Highway 74, and return way 100, serving all intermediate points, Highway 18 through Lenoir, N.C., serv­ over the same route, serving all inter­ ing all intermediate points, and serving (8) between junction U.S. Highway 70 mediate points, and the off-route points and North Carolina Highway 54 and the off-route point of Sevier, N.C., in of Brice and Cliffside, N.C., (18) between (27) , (28), (29), and (30) above, (31) Graham, N.C., over North Carolina High­ Shelby and Cliffside, N.C.: From Shelby way 54, serving all intermediate points, between junction U.S. Highway 601 and over North Carolina Highway 226 to unnumbered highway and junction (9) between Alamance and Hopedale, Polksville, N.C., thence over North N.C.: From Alamance over North Caro­ North Carolina Highway 801 and U.S. Carolina Highway 182 to Fallston, N.C., Highway 601: From junction U.S. High­ lina Highway 62 to junction unnumbered thence over North Carolina Highway 18 county road at or near Glencoe, N.C., way 601 and unnumbered highway about to junction North Carolina Highway 150, 9 miles north of Salisbury, N.C., over un­ thence over unnumbered county road to thence over North Carolina Highway 150 Hopedale, and return over the same numbered highway to junction North to Boiling Springs, N.C., thence over un­ Carolina Highway 801 to Cooleemee, route, serving all intermediate points. numbered county road to Cliffside, and (10) between Graham and Haw River, N.C., thence over North Carolina High­ return over the same route, serving all way 801 to junction U.S. Highway 601, N.C., over North Carolina Highway 49, intermediate points, (19) between Kings serving all intermediate points, (11) be­ and return over the same route, serving Mountain, N.C., and junction North all intermediate points, (32) between tween Graham and Swepsonville, N.C.: Carolina Highways 216 and 274 approxi­ From Graham over North Carolina High­ Hickory and Lenoir, N.C., over U.S. High­ mately 3 miles southeast of Cherryville, way 321, serving no intermediate points way 54 to junction unnumbered county N.C., over North Carolina Highway 216, road, thence over unnumbered county except those points lying within the serving all intermediate points, (20) commercial zones of Hickory and Lenoir road to Swepsonville, N.C., and return between Cherryville and Belmont, N.C.: over the same route, serving all inter­ which applicant is now authorized to From Cherryville over North Carolina serve, (33) serving Earl, N.C., and the mediate points, (12) between Burlington Highway 274 to Gastonia, N.C., thence and Burlington, N.C. in a circuitous over North Carolina Highway 7 to Bel­ plant site of Fibre Industries, Inc., at or manner: From Burlington over North mont, and return over the same route, near Earl, as an off-route point in con­ Carolina Highway 87 to junction un­ nection with points from U.S. Highway serving all intermediate points, (21) be­ 74 and bypass U.S. Highway 74 at Shelby, numbered county road to Saxapahaw, tween Kings Mountain and Bessemer, N.C., thence over unnumbered county N.C., over North Carolina Highways 226, N.C., over North Carolina Highway 161, 180, and 198, (34) between Lincolnton road to junction North Carolina High­ serving all intermediate points. way 54, thence over North Carolina and Salisbury, N.C., over North Carolina Highway 54 to junction North Caro­ (22) Between Shelby and Greensboro, Highway 150 through Moor'esville, N.C., line Highway 87, thence over North N.C.: From Shelby over North Carolina serving all intermediate points, (35) be­ Carolina Highway 87 to Burlington, Highway 150 to Lincolnton, N.C., thence tween Winston-Salem and North Wilkes­ serving all intermediate points, (L3) be­ over North Carolina Highway 27 to boro, N.C.: From Winston-Salem, over tween junction North Carolina Highways Charlotte, N.C., thence over U.S. High­ North Carolina Highway 67 to Elkins, 100 and 87 and Altamahaw, N.C., over way 21 to junction North Carolina High­ N.C., thence over North Carolina High­ North Carolina Highway 87, serving all way 115 approximately 3 miles north of way 268 to North Wilkesboro, and return intermediate points, (14) between Ashe­ Charlotte, N.C., thence over U.S. High­ over the same route, serving the inter­ ville and Greensboro, N.C.: From way 64 to Mocksville, N.C., thence over mediate points of Booneville and Elkin, Asheville over U.S. Highway 74 to Kings U.S. Highway 158 to Winston-Salem, N.C., for operating convenience only, and Mountain, N.C., thence over U.S. High­ N.C., thence over U.S. Highway 421 to (36) serving the plant site of Burlington ways 29 and 29A (also shown on the Greensboro, and return over the same Industries, Inc., Williamsburg Decorative Highways as bypass 29), to Charlotte, route, serving all intermediate points, Plant (Caswell County) located on North N.C., thence over U.S. Highway 29 to (23) between Lincolnton and Conover, Carolina Highway 87 approximately 5 junction U.S. Highway 29A north of N.C., over U.S. Highway 321, serving all miles north of Altamahaw, N.C., as an

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22 1967 NOTICES 3201 ofi-route point, in connection with ap­ Motor at Brattleboro, Vt., to serve Bos­ on the one hand, and, on the other, plicant’s presently held authorized regu­ ton, Mass. Applicant requests this points in Delaware, Maryland, Pennsyl­ lar route authority. N ote: This appli­ application be handled concurrently with vania, Virginia, and the District of Co­ cation is a matter directly related to application in Docket No. MC-F-9611, lumbia, between Kittery, Maine, and Docket No. MC-F-9664, published F ed­ published F ederal R egister issue of De­ Portsmouth, N.H., on the one hand, and, eral Register issue of February 15, 1967. cember 14, 1966. If a hearing is deemed on the other, points in Connecticut, If a hearing is deemed necessary, appli­ necessary, applicant requests it be held Maine, Massachusetts', New Hampshire, cant requests it be held at Raleigh, N.C. at Lebanon, N.H., White River Junction, Rhode Island, and Vermont,- between No. MC 124230 (Sub-No. 6), filed Bellows Falls, Brattleboro, Vt., or Keene, points in Rockingham County, N.H., on January 19, 1967. Applicant: C. B. N.H. the one hand, and, on the other, points JOHNSON, INC., Post Office Drawer S, No. MC 128854, filed February 2, 1967. in Connecticut, Massachusetts, Rhode Cortez, Colo. 81321. Applicant’s repre­ Applicant: TOP TRANSPORT & TER­ Island, and Vermont. sentative: Leslie R. Kehl, 420 Denver MINAL CORP., 700 Pattison Avenue, No. MC-F-9663 (Correction) (REN­ Club Building, Denver, Colo. 80202. Au­ Philadelphia, Pa. Applicant’s represent­ NER’S EXPRESS, INC.—Control and thority sought to operate as a common ative: J. A. Kundtz, 1050 Union Com­ merger—CRUTCHER BROS. CO.), pub­ carrier, by motor vehicle, over irregular merce Building, Cleveland, Ohio 44115. lished in the February 15, 1967, issue of routes, transporting: (1) (a) Ores and Authority sought to operate as a con­ the F ederal R egister, on page 2920. In­ concentrates from mines within a radius tract carrier, by motor vehicle, over ir­ advertently, it was stated that Applicant of 20 miles of Silverton, Colo., to Silver- regular routes, transporting: Such mer­ seeks to control and merge. RENNER’S ton and the Shenandoah-Dives Mill, chandise as is dealt in by wholesale, EXPRESS, INC., seeks to purchase the Colo.; (b) concentrates from said mill in retail, chain grocery stores and food busi­ operating rights and property of (a) above to said mines in (a) above, ness houses, and in connection therewith, CRUTCHER BROS. COMPANY, in lieu and railroad loading points in Silverton, equipment, materials and supplies used of the control and merger. Colo.; (c) mine supplies, machinery and in the conduct of such business, between No. MC-F-9672. Authority sought for equipment and freight, generally, from the warehouses and other facilities of purchase by HIGHWAY TRANSPOR­ Silverton, Colo., to mines and mills with­ Acme Markets, Inc., in Philadelphia, Pa., TATION CO., INC., 205 North Carson, in a radius of 20 miles of Silverton; (2) on the one hand, and, on the other, points St. James, Mo. 65559, of the operating ores and concentrates from points within in Delaware, Maryland, Virginia, West rights and property of BASIN TRUCK San Juan County, Colo., to smelters at Virginia, and the District of Columbia, LINES, INC., 210 East Oaklawn, Warren- Leadville, Colo., and railheads at Mont­ under a continuing contract with Acme ton, Mo. 63383, and for acquisition by rose, and Durango, Colo., and (3) (a) Markets, Inc., Philadelphia, Pa. N ote: H. E. MARSHALL, MARIE MARSHALL, ores and concentrates from mines and Common control and dual operations FRED H. MARSHALL, all also of St. mills m San Juan County, Colo., to rail­ may be involved. This is directly re­ James, Mo., and ANITA MARSHALL, road loading points in Ridgeway, Colo., lated to MC—F—9667. If a hearing is 2477 Bunker Hill, Ann Arbor, Mich. (b) mining and milling supplies arid deemed necessary, applicant requests it 48105, of control of such rights and prop­ equipment from railroad heads at Ridge­ be held at Washington, D.C., or Phila­ erty through the purchase. Applicants’ way, Colo., to mines and mills in San delphia, Pa. attorney: Joseph R. Nacy, 117 West High Juan County, Colo.: Provided, however, Applications U nder S ections 5 and 210 Street, Post Office Box 352, Jefferson That applicant shall not be permitted to a(b) City, Mo. 65101. Operating rights sought haul commodities in competition with to be transferred: General commodities, Rio Grande Motorway, Inc., in its line- The following applications are gov­ excepting, among others, commodities in haul service over U.S. Highway 550. erned by the Interstate Commerce Com­ bulk and household goods, as a common Note: Applicant states the operations mission’s special rules governing notice carrier, over regular routes, between in (1) (a), (b) and (c) above will be of of filing of applications by motor carriers East St. Louis, HI., and Howes Mill, Mo., a general transfer and cartage service of property or passengers under sections serving certain intermediate points and in the Town of Silverton, Colo., and 5(a) and 210a(b) of the Interstate Com­ the off-route points of Leasburg and fringe territory, and a pickup and de­ merce Act and certain other proceedings Davisville, Mo.; and general commodities, livery service between the depot of the with respect thereto (49 CFR 1.240). excepting, among others, commodities in Denver and Rio Grande Western Rail­ MOTOR CARRIERS OF PROPERTY bulk and household goods, over irregular road Co. and Rio Grande Motor Way, routes, between points in Crawford Inc., and business houses in Silverton No. MC-F-9650 (Correction) (ALBEE County, Mo., south of the Meramec River, and mines within a radius of 20 miles of DEVELOPMENT CORP.—C o n t r o l — on the one hand, and, on the other, Silverton. The application is directly SALT CITY MOVERS & STORAGE CO., points in the St. Louis, Mo.-East St. related to MC-F-9655, published in the INC.), published in the February 1, 1967, Louis, HI., commercial zone as defined by Federal R egister issue of February 1, issue of the F ederal R egister, on page the Commission. Vendee is authorized 1967. if a hearing is deemed necessary, 1155. The application also includes: to operate as a common carrier in Hlinois applicant requests it be held at Denver, Authority sought for purchase by SALT Colo. and Missouri. Application has been filed CITY MOVERS & STORAGE CO., INC., for temporary authority under section No. MC 126142 (Sub-No. 1), filed Jan­ 410 South Franklin Street, Syracuse 2, 210a(b). uary 31, 1967. Applicant: GLEASON N.Y., of the operating rights of ALBEE TRANSPORTATION CO., INC., Prospecl TRUCKING COMPANY, INC., Route 28, No. MC-F-9673. Authority sought for Street, Post Office Box 907, White Rivei Wolfeboro, N.H., and for acquisition by purchase by NASHUA MOTOR EX­ Junction, Vt, 05001. Applicant’s repre­ EVERETT S. ALBEE and MEREDITH S. PRESS, INC., 270 Amherst Street, sentative: Frederick T. O’Sullivan, 375 ALBEE, both of Wolfeboro, N.H., of con­ Nashua, N.H., of the operating rights of Granite Avenue, Milton, Mass. 02186 trol of such rights through the purchase. COZY TRANSPORTATION, INC., doing Authority sought to operate as a common Operating rights sought to be trans­ business as MUTUAL EXPRESS, 625 carrier, by motor vehicle, over irregulai ferred: Household goods as defined by Metropolitan Avenue, Hyde Park, Mass. routes, transporting: General commodA- the Commission, as a common carrier, Applicants’ attorney: George C. O’Brien, «es (except those of unusual value over irregular routes, between points in 33 Broad Street, Boston, Mass. 02109. classes A and B explosives, household Windsor County, Vt., on the one hand, Operating rights sought to be trans­ goods as defined by the Commission and, on the other, points in Connecticut, ferred: Under a certificate of registra­ commodities in bulk, commodities in tani Massachusetts, New Hampshire, New tion, in Docket No. MC-121379 Sub-1, enicles, commodities requiring special York, Rhode Island, and Vermont, be­ covering the transportation of general equipm ent and those injurious or con­ tween points in New Hampshire and Ver­ commodities, as a common carrier, in taminating to other lading), between mont, on the one hand, and, on the other, intrastate commerce, over irregular Points in Vermont. N ote: Applicant points in Connecticut, Massachusetts, routes, within the State of Massachu­ .? ^ intends to join the au- New Hampshire, New Jersey, New York, setts. Vendee Is authorized to operate as nty sought to the regular rout< Rhode Island, and Vermont, between a common carrier in New Hampshire igeneral commodities) of Chiovitti’s points in New Hampshire and Vermont, and Massachusetts. Application has

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3202 NOTICES been filed for temporary authority under way 183; quarry stone and granite, from with which the application is filed and section 210a(b). N ote: MC-33807 Sub- Graniteville, Mo., to points in Alabama, shall not be addressed to or filed with No. 5 is a matter directly related. Arkansas, Colorado, Connecticut, Dela­ the Interstate Commerce Commission. No. MC-F-9674. Authority sought for ware, Florida, Georgia, Illinois, Indiana, State Docket No. 4869 (Sub-No. 5), purchase by LYNDEN TRANSFER, INC., Iowa, Kansas, Kentucky, Louisiana, filed January 26, 1967. Applicant- Lynden, Wash. 98264, of the operating Maine, Maryland, Massachusetts, Michi­ PALMER BROTHERS, INCORPO­ rights of WILLIAM A. HOOD, JOHN W. gan, Minnesota, Mississippi, New Hamp­ RATED, 1434 South 6 West, Salt Lake HOOD, AND RICHARD HOOD, doing shire, New Jersey, New Mexico, New York, City, Utah. Applicant’s representative: business as HOOD AND SONS, Box 21, North Carolina, North Dakota, Ohio, Herman W. Huber, 101 East High Street, Valdez, Alaska, and for acquisition by Pennsylvania, Rhode Island, South Caro­ Jefferson City, Mo. 65101. Certificate of HENRY JANSEN, 620 West Main Street, lina, South Dakota, Tennessee, Texas, public convenience and necessity sought Lynden, Wash., of control of such rights Vermont, Virginia, West Virginia, Wis­ to operate a freight service as follows: through the purchase. Applicants’ at­ consin, and the District of Columbia; and Transportation of general commodities torney: James T. Johnson, 1610 IBM (2) Lumber and lumber mill products, (except petroleum products and cement Building, Seattle, Wash. 98101. Operat­ as a common carrier, over irregular in bulk); over irregular routes, between ing rights sought to be transferred: Gen­ routes, from certain specified points in points in Kane, Garfield, Sevier, Piute, eral commodities, excepting, among Arkansas, to points in Oklahoma; be­ Millard, and Juab Counties. Both intra­ others, household goods and commodi­ tween certain specified points in Arkan­ state and interstate authority sought. ties in bulk, as a common carrier, over sas, on the one hand, and, on the other, HEARING: Not yet assigned. Re­ irregular routes, between points in Val­ points in New Mexico, from points in quests for procedural information, in­ dez, Alaska, between Valdez, Alaska, on New Mexico to points in Oklahoma, au­ cluding the time for filing protests, con­ the one hand, and, on the other, points thority is granted to traverse Texas for cerning this application should be ad­ in Alaska (1) on Alaska Highway 2 (The operating convenience only; from points dressed to the.Public Service Commission Alaska Highway) between and including in Arkansas to points in Texas, Missouri, of Utah, 1170 First Security Building, Fairbanks, Alaska and the United States- and Kansas, and Memphis, Term., from 405 South Main Street, Salt Lake City, Canada Boundary line; (2) within 10 points in that part of Louisiana on and Utah, and should not be directed to the miles of said portion of Alaska Highway north of U.S. Highway 84 to points in Interstate Commerce Commission. 2; (3) on Alaska Highway 1 (The Glenn Arkansas; and in pending Docket No. State Docket No. MC 4884, filed Janu­ Highway) between and including TOK MC-109462 Sub 10, seeking a certificate ary 31, 1967. Applicant: DAYTON Junction and Anchorage, Alaska; (4) of public convenience and necessity, MOTOR EXPRESS, INC., 123 Market on Alaska Highway 4 (The Richardson covering the transportation of pipe, con­ Street, Dayton, Tenn. Applicant’s repre­ Highway) between Valdez and the Junc­ duit and tubing, and fittings, connections, sentative: Robert C. Taylor, 22d Floor, tion of Alaska Highways 2 and 4 at or and accessories therefor, as a common L & C Tower, Nashville, Tenn. Certifi­ near Buffalo Center, Alaska; and (5) carrier, over irregular routes, from points cate of public convenience and necessity on Alaska Highway 10 (The Edgerton in Illinois on and south of U.S. Highway sought to operate a freight service as Highway) between and including the 40 (Interstate Highway 70), on and east follows: Transportation of general com­ junction of Alaska Highways 4 and 10 of Illinois Highway 37 (Interstate High­ modities (excluding used household and Chitina, Alaska. Vendee is author­ way 57) and on north and west of the goods, commodities in bulk, in tank or ized to operate as a common carrier in Ohio and Wabash Rivers, to points in hopper vehicles, explosives and commodi­ Washington, Alaska, and Idaho. Appli­ Missouri, Arkansas, Louisiana, Texas, ties requiring special equipment), from cation has not been filed for temporary New Mexico, Colorado, Oklahoma, Kan­ Dayton, Tenn., via U.S. Highway 27 to authority under section 210a(b). sas, and Nebraska. Vendee is authorized Chattanooga, Tenn.; or alternately via No. MC-F-9675. Authority sought for to operate as a common carrier in Okla­ U.S. Highway 27 to its junction with Ten­ purchase by STEEL HAULERS, INC., homa, Arkansas, Texas, Illinois, Indiana, nessee Highway 153; thence via said 306 South Ewing, Kansas City, Mo., of Missouri, Kansas, Iowa, Nebraska, South Highway to its junction with Tennessee the operating rights of (1) RUSSELL Dakota, and Wisconsin. Application has Highway 58; thence via said Highway to TRUCK LINES, INC., Pilot Knob, Mo., been filed for temporary authority under Chattanooga, serving all points in Rhea and (2) LUMBER TRANSPORT, INC., section 210a (b). County only, and return over the same routes, serving no intermediate points in Benton, Ark., and for acquisition by By the Commission. ROBERT T. LEAHY, SHIRLEY M. Hamilton County. Both intrastate and LEAHY, FRED E. J. HORNAMAN, and [ seal] H. N eil G arson, interstate authority sought. KATHRYN L. HORNAMAN, all also of Secretary. HEARING: Tuesday, March 7, 1967, Kansas City, Mo., of control of such [F.R. Doc. 67-2027; Piled, Peb. 21, 1967; at 9:30 a.m., C-l-110 Cordell Hull Build­ rights through the purchases. Appli­ 8:47 a.m.] ing, Nashville, Tenn. Requests for pro­ cants’ attorney: Frank W. Taylor, Jr., cedural information, including the time 1221 Baltimore, Kansas City, Mo. Op­ for filing protests, concerning this ap­ erating rights sought to be transferred: NOTICE OF FILING OF MOTOR CAR­ plication should be addressed to the Ten­ (1) Lumber, wooden pallets, and treated RIER INTRASTATE APPLICATIONS nessee Public Service Commission, Cor­ wooden posts and poles, as a common dell Hull Building, Nashville, Tenn., and carrier, over irregular routes, from points F ebruary 17, 1967. should not be directed to the Interstate in that part of Missouri south of U.S. The following applications for motor Commerce Commission. Highway 66, east of U.S. Highway 65, and common carrier authority to operate in State Docket No. C-5524, Case No. 2, west of U.S. Highway 67, to points in intrastate commerce seek concurrent filed February 2, 1967. Applicant: South Dakota, Iowa, Minnesota, Wiscon­ motor carrier authorization, in interstate GREEN LINE TRUCKING CO., 608 sin, Illinois, Indiana, Ohio, Michigan, and or foreign commerce within the limits of Harrison, Trenton, Mich. Applicant’s to points in those parts of Kansas and the intrastate authority sought, pursuant representative: Robert A. Sullivan, 1800 Nebraska east of U.S. Highway 183; lum­ to section 206(a) (6) of the Interstate Buhl Building, Detroit, Mich. Certificate ber, from points in Colorado to points in Commerce Act, as amended October 15, of public convenience and necessity that part of Missouri south of U.S. High­ 1962. These applications are governed sought to operate a freight service as way 66, east of U.S. Highway 65, and by Special Rule 1.245 of the Commission’s follows: Transportation of general com­ west of U.S. Highway 67, except St. Louis, rules of practice, published in the F ed­ modities, serving the plantsite of Ford Mo., and points in the commercial zone eral R egister, issue of April 11, 1963, Motor Co. on Sheldon Road, Plymouth thereof; wooden pallets and treated page 3533, which provides, among other Township, Wayne County, Mich., as an wooden posts and poles, from points in things, that protests and requests for in­ off-route point in connection with other­ that part of Missouri south of U.S. High­ formation concerning the time and place wise authorized service at Detroit, Mich. way 66, east of U.S. Highway 65, and west of State Commission hearings or other Both intrastate and interstate authonty of U.S. Highway 67, to points in Colorado, proceedings, any subsequent changes and to points in those parts of Kansas therein, and any other related matters HARING: Wednesday, March 8,19W> and Nebraska on and west of U.S. High­ shall be directed to the State Commission :30 a.m., Michigan Public Service

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3203

Commission, Lewis Cass Building, Lan­ Glades, Highlands and De Soto Counties, Avenue, Jefferson City, Mo., and should sing, Mich. Requests for procedural in­ Fla. Transfer is likewise sought of cer­ not be directed to the Interstate Com­ formation, including the time for filing tificate of registration MC-97119 (Sub- merce Commission. protests, concerning this application, No. 1) issued by the Interstate Com­ By the Commission. should be addressed to the Michigan merce Commission, May 12, 1964, au­ Public Service Commission, Lewis Cass thorizing transportation in interstate [seal] H. N eil G arson, Building, Lansing, Mich., and should not and foreign commerce within limits Secretary. be directed to the Interstate Commerce which do not exceed the scope of intra­ [F.R. Doc. 67-2028; Filed, Feb. 21, 1967; Commission. state operations. Both intrastate and 8:47 a.m.] State Docket No. C-6714, Case No. interstate authority sought. 21, filed December 12, 1966. Applicant: HEARING: No date has been assigned. CENTRAL TRANSPORT, INC., 3399 Will be acted upon as an ex parte matter [Notice No. 340] East McNichols Road, Detroit, Mich. if no protest is received. Requests for MOTOR CARRIER TEMPORARY 48212. Applicant’s rep resen ta tiv e: procedural information, including the AUTHORITY APPLICATIONS Matheson, Dixon and Bieneman, Suite time for filing protests, concerning this 1700,1 Woodward Avenue, Detroit, Mich. application, should be addressed to the F ebruary 17, 1967. 48226. Certificate of public convenience Florida Public Service Commission, Tal­ The following are notices of filing of and necessity sought to operate a freight lahassee, Fla. 32304, and should not be applications for temporary authority service as follows: Transportation of directed to the Interstate Commerce under section 210a (a) of the Interstate general commodities, serving the site of Commission. Commerce Act provided for under the the R. C. Schmidt Industrial Park on 23 State Docket No. T-25,449 filed Feb­ new rules in Ex Parte No. MC 67 (49 Mile Road between U.S. 25 and Fairchild ruary 8, 1967. Applicant: L. N. TOL­ CFR Part 240), published irj, the F ederal Road, Macomb County, Mich., as an off- BERT AND W. C. SHORT, doing busi­ R egister, issue of April 27, 1965, effec­ route point in connection with otherwise ness as SOUTHERN MISSOURI tive July 1, 1965. These rules provide authorized service. Both intrastate and FREIGHT, Post Office Box 614, Branson, that protests to the granting of an ap­ interstate authority sought. Mo. Applicant’s representative: Her­ plication must be filed with the field offi­ HEARING: Tuesday, March 21, 1967, man W. Huber, 101 East High Street, cial named in the F ederal R egister pub­ at 9:30 a.m., Michigan Public Service Jefferson City, Mo. 65101. Certificate of lication, within 15 calendar days after Commission, Lewis Cass Building, South public convenience and necessity sought the date notice of the filing of the appli­ Walnut Street, Lansing, Mich. Requests to operate a freight service as follows: cation is published in the F ederal R egis­ for procedural information, including the Transportation of general commodities ter. One copy of such protest must be time for filing protests, concerning this (except those of unusual value, and ex­ served on the applicant, or its author­ application, should be addressed to the cept dangerous explosives, uncrated ized representative, if any, and the pro­ Michigan Public Service Commission, household goods as defined by the Com­ test must certify that such service has Lewis Cass Building, South Walnut mission, commodities in bulk, and those been made. The protest must be specific Street, Lansing, Mich., and should not requiring special equipment). Regular as to the service which such protestant be directed to the Interstate Commerce routes: from Springfield, Mo., over U.S. can and will offer, and must consist of a Commission. Highway No. 160 to the Taney-Ozark signed original and six copies. State Docket No. 8781-CCT filed Feb­ County line, near Ocie, Mo., and return A copy of the application is on file, ruary 7, 1967. Applicant: MERLE W. over the same route; from Springfield, and can be examined, at the Office of the MERCHANT, INC. (TRANSFEREE), Mo., over U.S. Highway No. 65 to the Secretary, Interstate Commerce Commis­ 5409 Georgia Avenue, West Palm Beach, Missouri-Arkansas State line, and re­ sion, Washington, D.C., and also in the Fla., and T. L. HUDKINS (TRANS­ turn over the same route; from Spring- field office to which protests are to be FEROR) , La Belle, Fla. Applicant’s rep­ field, Mo., over State Highway No. 13 to transmitted. the Missouri-Arkansas State line, and resentatives: Richard Brooks and John M otor Carriers of P roperty T. Bond, 1955 Northwest 17th Avenue, return over the same route; from Spring- Miami, Fla., and O. C. Beakes, 1009 field, Mo., over U.S. Highway No. 160 to No. MC 111729 (Sub-No. 189 TA), filed Barnett Bank Building,. Jacksonville, Golden City, Mo., and return over the February 15, 1967. Applicant: AMERI­ Fla. Petitioners seek the transfer from same route; and from Springfield, Mo., CAN COURIER CORPORATION, 222-17 T. L. Hudkins, La Belle, Fla., to Merle over U.S. Highway NO. 266 to the junc­ Northern Boulevard, De Bevoise Build­ W. Merchant, Inc., 5409 Georgia Avenue, tion with U.S. Highway No. 66, thence ing, Bayside, N.Y. 11361. Applicant’s West Palm Beach, Fla., of that certain over U.S. Highway No. 66 to its junction representative: J. K. Murphy (address certificate of public convenience and ne­ withr State Highway No. 39, thence over same as applicant). Authority sought cessity No. L-114, as issued by the Florida £>tate Highway No. 39 to Areola, Mo., and to operate as a common carrier, by motor Public Service Commission on October 6, return over the same route, with author­ vehicle, over irregular routes, as follows: 1947, in Docket No. 2200-MC, by order ity to render service between Springfield, (1) Business papers, records, and audit No. 2070, authorizing the following trans­ Mo., and its commercial zone, and all and accounting media of all kinds (ex­ portation: As a Limited Common Car­ points located on such routes and with cluding plant removals), (a) between rier, over irregular routes, machinery, authority to provide through service be­ points in New Haven County, Conn., on materials, supplies, and equipment inci­ tween all such points and to provide joint the one hand, and, on the other, points dental to or used in the discovery, de­ service at the 'applicable through rates in Providence County, R.I.; Hampden, velopment, and production of natural prescribed by the Commission for cer­ Middlesex, and Norfolk Counties, Mass.; gas and petroleum, machinery, mate­ tificated motor common carriers. Irreg­ (b) between Watertown, Wis., on the one rials, supplies, and equipment used in ular route: With authority to render hand, and, on the other, Elk Grove Vil­ the construction, operation, and main­ service between all points and places lage and Gilberts, 111.; (c) between tenance of petroleum refineries:. Heavy located in Stone and Taney Counties, Worcester, Mass., and New Haven, machinery, heavy and cumbersome com­ Mo., on the one hand, and all points Conn.; and (d) between points in Mid­ modities which, because of size or weight authorized to be served on the above dlesex County, Mass, on the one hand, require the use of special equipment; stated regular routes, on the other hand. and, on the other, points in Litchfield and machinery, materials, supplies, and Both intrastate and interstate authority County, Conn.; Knox, Penobscot, Ken­ equipment used in the construction and sought. nebec, Androscoggin, and Cumberland maintenance of natural gas, water, and HEARING: Thursday, April 6, 1967, Counties, Maine; Hillsboro and Rocking­ petroleum pipelines including stringing at 10 a.m„ Missouri Public Service Com­ ham Counties, N.H.; and Providence Pr pipf along rights-of-way throughout mission, 100 East Capitol Avenue, Jeffer­ County, R.I., (2) radiopharmaceuticals, of Florida; and Turther ex- son City, Mo. Requests for procedural radioactive drugs, medical isotopes and enaed so as to authorize: The common information, including the time for filing related supplies (limited to 50 pounds carnage of heavy machinery such as protests, concerning this application per shipment), between Dallas, San An­ raghnes, bulldozers, etc., between points should be addressed to the Missouri Pub­ tonio, and Houston Airports, Texas, on and places within Hendry, Collier, Lee, lic Service Commission, 100 East Capitol the one hand, and, on the other, points

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3204 NOTICES

in Texas, (3) payroll checks, (a) between No. MC 125417 (Sub-No. 10 TA), mission, Bureau of Operations and Com­ Watertown, Wis., on the one hand, and, filed February 15, 1967. Applicant: pliance, 2109 Federal Building, 1000 Lib­ on the other, Elk Grove Village and Gil­ BULK FREIGHTWAYS, 8332 Wilcox erty Avenue, Pittsburgh, Pa. 15222. berts, HI.; (b) between points in Middle­ Avenue, South Gate, Calif. 90280. Ap­ No. MC 126720 (Sub-No. 2 TA), filed sex County, Mass., on the one hand, and plicant’s representative: Warren N. February 15, 1967. Applicant: Mc- on the other, points in Litchfield Comity, Grossman, 740 Roosevelt Building, 727 NAMARA VANS & WAREHOUSES, INC., Conn.; Knox, Penobscot, Kennebec, An­ West Seventh Street, Los Angeles, Calif. Post Office Box 10159, 30 Essex Street, droscoggin, and Cumberland Counties, 90017. Authority sought to operate as San Antonio, Tex. 78210. Applicant’s Maine; Hillsboro and Rockingham Coun­ a common carrier, by motor vehicle, representative: Alan F. Wohlstetter, l ties, N.H.; and Providence County, R.I.; over irregular routes, transporting: Farragut Square South, Washington, and (4) pharmaceutical goods, between Processed clay, in bulk, from Vernon, D.C. 20006. Authority sought to operate points in New Haven County, Conn., on Calif., to El Paso, Tex., for 150 days. as a common carrier, by motor vehicle, the one hand, and, on the other, points Supporting shipper: Filtrol Corp., 3250 over irregular routes, as follows: House­ in Providence County, R.I.; Hampden, East Washington Boulevard, Los Angeles, hold goods, as defined by the Commis­ Middlesex, and Norfolk Counties, Mass., Calif. 90023. Send protests to: John E. sion, between points in Comal, Guada­ for 180 days. Supporting shippers: Nance, District Supervisor, Interstate lupe, Wilson, Atascosa, Medina, Bandera, Armour & Co., 401 North Wabash Ave­ Commerce Commission, Bureau of Op­ Kendall, Hays, Gonzales, Frio, Gillespie, nue, Chicago, HI. 60690, Nuclear Con­ erations and Compliance, 300 North Los Blanco, Lavaca, LaSalle, Karnes, Kerri sultants, Box 6172, Lambert Field, St. Angeles Street, Room 7708, Federal McMullen, and DeWitt Counties, Tex.i Louis, Mo. 63145, Lindberg Hevi Duty, Building, Los Angeles, Calif. 90012. and between said counties, on the one Watertown, Wis., United States Steel No. MC 125646 (Sub-No. 1 TA), filed hand, and, on the other, Bexar County, Corp., 525 William Penn Place, Pitts­ February 15, 1967. Applicant: SAMUEL Tex., restricted to shipments having a burgh, Pa. 15230, and McKesson & R. FOX, 9 Second Street, Bridgeport, prior or subsequent movement beyond Robbins, Inc., 155 East 44th Street, New Ohio 43912. Applicant’s representative: said points in containers, and further York, N.Y. 10017. Send protests to: E. D. L. Bennett, 213 First National Bank restricted to pickup and delivery serv­ N. Carignan, District Supervisor, Bureau Building, 2207 National Road, Wheeling, ices incidental to and in connection with of Operations and Compliance, Interstate W. Va. 26003. Authority sought to op­ packing, crating, and containerization, or Commerce Commission, 346 Broadway, erate as a contract carrier, by motor ve­ unpacking, uncrating, and decontaineri­ New York, N.Y. 10013. hicle, over irregular routes, transporting: zation of such shipments, for 180 days. No. MC 113828 (Sub-No. 122 TA), Dairy store equipment and supplies, Supporting shipper: Jet Forwarding, filed February 15, 1967. Applicant: consisting of but not limited to ice cream Inc., 2945 Columbia Street, Torrance, O’BOYLE TANK LINES, INC., 4848 Cor­ toppings and syrups, ice cream cones, Calif. 90503. Send protests to: James H. dell Avenue NW., Washington, D.C. plastic spoons, plastic dishes, plastic lids, Berry, District Supervisor, Bureau of Op­ 20014. Applicant’s representative: John plastic containers, paper bags, paper erations and Compliance, Interstate F. Grim (same address as above). Au­ containers, paper cups, edible nuts, clean­ Commerce Commission, 206 Manion thority sought to operate as a common ing detergents, ice cream sticks, cookies, Building, 301 Broadway, San Antonio, carrier, by motor vehicle, over irregular lubricating grease, restricted against any Tex. 78205. routes,transporting: Edible animal oils, commodity in bulk, and restricted to less- No. MC 128869 (Sub-No. 1 TA), filed in bulk, in tank vehicles, from Richmond, than-truckload quantities, from Worth­ February 15, 1967. Applicant: RED- Va., to points in North Carolina, Georgia, ington, Ohio, to Aliquippa, Altoona, BIRD DELIVERY SERVICE, INC., Post Tennessee, Pennsylvania, and New Jer­ Apollo, Beaver Falls, Blairsville, Browns­ Office Box 8206, 305 Adrian Way, Mill- sey, for 180 days. Supporting shipper: ville, Butler, Canonsburg, Charleroi, Con- brae, Calif. 94030. Applicant’s repre­ Hygrade Food Products Corp., Post nellsville, Indiana, Irwin, Greensburg, sentative: Howard C. Rolie (same ad­ Office Drawer 1235, Richmond, Va. Kittanning, Jeannette, Johnstown, La- dress as above). Authority sought to 23209, Attention: L. T. Mathews, traf­ trobe, Mt. Pleasant, Somerset, Union- operate as a common carrier, by motor fic manager. Send protests to: Robert town, Washington, Pa., points in Alle­ vehicle, over irregular routes, transport­ D. Caldwell, District Supervisor, Inter­ gheny County, Pa., and points in West ing: General commodities, moving on state Commerce Commission, Bureau of Virginia, for 180 days. Supporting Government bills of lading," between San Operations and Compliance, Room 1220, shipper: I.D.Q. Central Supply Division, Francisco International Airport and Washington, D.C. 20423. 6511 Proprietors Road, Worthington, Travis Air Force Base, Calif., for 150 No. MC 125035 (Sub-No. 12TA), filed Ohio 43085. Send protests to: J. A. Nig- days. Supporting shipper: Pacific Air February 15, 1967. Applicant: RAY E. gemyer, District Supervisor, Bureau of Freight, Inc., 206 Colman Building, BROWN, doing business as RAY E. Operations and Compliance, Interstate Seattle, Wash. 98104. Send protest to: BROWN TRUCKING, 1132 55th Street Commerce Commission, 531 Hawley Wm. R. Murdoch, District Supervisor, NE., North Canton, Ohio 44721. Ap­ Building, Wheeling, W. Va. 26003. Interstate Commerce Commission, Bu­ plicant’s representative: Fred H. Zol­ No. MC 126516 (Sub-No. 4 TA), filed reau of Operations and Compliance, 450 linger, 800 Cleve-Tusc Building, Canton, February 15,1967. Applicant: GEORGE Golden Gate Avenue, Box 36004, San Ohio 44702. Authority sought to oper­ K. HALL, doing business as SKYLINE Francisco, Calif. 94102. ate as a contract carrier, by motor ve­ MOTORS, West 15th Street, Beaver Falls, By the Commission. hicle, over irregular routes, as follows: Pa. 15010. Applicant’s representative: Chocolate milk, oleomargarine, cottage Russell S. Bernhard, 1625 K Street NW., [seal] H. N eil G arson, cheese, cheese products, fruit and water Washington, D.C. 20006. Authority Secretary. beverages, milk, butter milk, and cream sought to operate as a common carrier, [F.R. Doc. 67-2029; Filed, Feb. 21, 1967; when moving in mixed shipments with by motor vehicle, over irregular routes, 8:47 a.m.] chocolate m ilk r, oleomargarine, cottage transporting: General commodities hav­ cheese, cottage cheese products, fruit ing an immediately prior or immediately and water beverages, milk, butter milk subsequent movement by air, between the [Notice No. 1479] and cream, cream cheese and cream Greater Pittsburgh Airport, Allegheny MOTOR CARRIER TRANSFER cheese products, from Cleveland, Ohio, County, Pa., on the one hand, and, on the to Wheeling, Paden City, Parkersburg, other, points in Venango County, Pa., PROCEEDINGS and Ravenswood, W. Va., for 180 days. for 180 days. Supporting shippers: Chi­ F ebruary 17, 1967. Supporting shipper: National Dairy cago Pneumatic Tool Co., Franklin, Pa. Synopses of orders entered pursuant Products Corp., Sealtest Foods Division, 16323; Miller Equipment Co. Inc., 13th to section 212(b) of the Interstate Com­ New York City, N.Y. Send protests to: and New Street, Franklin, Pa. 16323; merce Act, and rules and regulations G. J. Baccei, District Supervisor, Inter­ Johns-Manville Plastics Corp., 315 Grant prescribed thereunder (49 CFR Part state Commerce Commission, Bureau of Street, Franklin, Pa. 16323. Send pro­ 179), appear below: Operations and Compliance, 435 Federal tests to: Gasper Piovarchy, Jr., District As provided in the Commission’s spe­ Building, Cleveland, Ohio 44114. Supervisor, Interstate Commerce Com­ cial rules of practice any interested per-

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 NOTICES 3205 son may file a petition seeking recon­ No. MC-FC-69386. By order of Feb­ It is ordered, That: sideration of the following numbered ruary 15, 1967, the Transfer Board ap­ (a) Rerouting traffic: Because of ice proceedings within 20 days from the date proved the transfer to Polman Transfer, accumulations in Green Bay interfering of publication of this notice. Pursuant Inc., Wadena, Minn. 56482, of the oper­ with car ferry operations, the Ann Arbor to section 17(8) of the Interstate Com­ ating rights of Duane Polman, doing Railroad Co. is unable to transport traffic merce Act, the filing of such a petition business as Polman Transfer, Wadena, in accordance with shippers’ routing. will postpone the effective date of the Minn. 56482, in certificates Nos. MC- The Ann Arbor Railroad is hereby au­ order in that proceeding pending its dis­ 116227, MC-116227 (Sub-No. 2) and MC- thorized to reroute or divert such traffic position. The matters relied upon by 116227 (Sub-No. 4), issued October 16, via any available route. The billing petitioners must be specified in their pe­ 1963, November 17, 1964, .and April 26, covering each car so rerouted shall carry titions with particularity. 1966, respectively, authorizing the a reference to this order as authority for No. MC-FC-69333. By order of Feb­ transportation over a regular route of the rerouting. ruary 15, 1967, the Transfer Board general commodities, excluding house­ (b) Concurrence of receiving roads to approved the transfer to Steinman hold goods, commodities in bulk, and be obtained: The Ann Arbor Railroad Trucking, Inc., Philadelphia, Pa., of the other specified commodities, between Co. and its connections shall receive the operating rights in certificate No. MC- Wadena, Minn., and Alexandria, Minn, concurrence of other railroads to which 26249 (Sub-No. 1), issued August 30, as restricted, and over irregular routes, such traffic is to be diverted or rerouted, 1960, to Morris Steinman, doing busi­ of dicalcium phosphate, in bags, and before the rerouting or diversion is ness as M & S Trucking Co., Philadel­ crushed, ground, or pulverized limestone, ordered. phia, Pa., authorizing the transportation in bags, from Alden, Iowa, to points in (c) Notification to shippers: The Ann of: Bananas^between specified points in Minnesota, as restricted, and wood shav­ Arbor Railroad Co. and its connections Maryland, New Jersey, New,York, and ings, in bales; bags, and byproducts shall notify each shipper at the time Pennsylvania. Alan Kahn, 2 Penn Cen­ thereof, in bundles, bales, and bags, from each car is rerouted or diverted and shall ter Plaza, Philadelphia, Pa. 19102, attor­ points in Hubbard, Wadena, Becker, and furnish,to such shipper the new routing ney for applicants. Otter Tail Counties, Minn., to points in provided under this order. No. MC-FC-69358. By order of Feb­ Illinois, Indiana, Iowa, Kansas, Mich­ (d) Inasmuch as the diversion or re­ ruary 13, 1967, the Transfer Board ap­ igan, Missouri, Nebraska, North Dakota, proved the transfer to Cartage Services, routing of traffic by said Agent is deemed South Dakota, and Wisconsin, as re­ to be due to carrier’s disability, the rates Inc., Dearborn, Mich., of the portion of stricted, and in permits Nos. MC-108523 the operating rights in permit No. MC- applicable to traffic diverted or rerouted and MC-108523 (Sub-No. 4), issued No­ by said Agent shall be the rates which 124259 (Sub-No. 6), issued September vember 24, 1961, and October 16, 1963, 22,1966, to Cain Bros., Inc., 3413 Crystle were applicable at the time of shipment respectively, authorizing the transporta­ on the shipments as originally routed. Road, Terre Haute, Ind., authorizing the tion, over irregular routes, of building transportation, over irregular routes, of materialsj as described, from Wadena, (e) In executing the direction of the malt beverages, in containers, from Minn., to points in. North Dakota and Commission and of such Agent provided South Bend, Ind., to points in Michigan South Dakota, and points in a described for in this order, the common carriers and Ohio, with certain restrictions. portion of Iowa, as restricted, lumber involved shall proceed even though no Dual operations were authorized; Rex and posts, from Wadena, Minn., to points contracts, agreements, or arrangements Eames, 900 Guardian Building, Detroit, in Iowa, North Dakota, and South Da­ now exist between them with reference Mich. 48226, attorney for transferee. kota, and rejected Shipments of lumber to the divisions of the rate of transporta­ No. MC-FC-69376. By order of Feb­ and posts, from points in Iowa, North tion applicable to said traffic; divisions ruary 14, 1967, the Transfer Board ap­ Dakota, and South Dakota, to Wadena, shall be, during the time this order re­ proved the transfer to C-B Truck Lines, Minn., as restricted, and prefabricated mains in force, those voluntarily agreed Inc., 1034 Humble Place, El Paso, Tex.; buildings, precut building materials and upon by and between said carriers; or of certificates in Nos. MC-100542 (Sub- sections, sectionalized and panelized upon failure of the carriers to so agree, No. 1) and MC-100542 (Sub-No. 8) and buildings, and precut, assembled, or par­ said divisions shall be hereafter fixed by a portion of the operating rights in' No. tially assembled units, including fixtures, the Commission in accordance with MC-100542 (Sub-No. 5), issued March from Wadena, Minn., and points within pertinent authority conferred upon it by 24, i960, March 21, 1963, and March 22, 25 miles thereof, to points in Iowa, a the Interstate Commerce Act. 1962, respectively, to Randall R. Sain, described portion of Illinois, a described (f) Effective date. This order shall doing business as C. B. Truck Line, 1034 portion of Montana, points in the Upper become effective at 3 p.m., February 16, Humble Place, El Paso, Tex.; authoriz­ Peninsula of Michigan, points in Wis­ 1967. ing the transportation of: A wide va­ consin, North Dakota, and South Da­ (g) Expiration date. This order shall riety of specified commodities, and gen­ kota, as restricted. Howard S. Cox, 715 expire at 11:59 p.m., February 24, 1967, eral commodities with the usual excep­ First National Bank Building, Minne­ unless otherwise modified, changed, or tions, from, to, or between specified apolis, Minn. 55402, attorney for appli­ suspended. Points in Colorado, Texas, and New cants. It is further ordered, This order shall Mexico. be served upon the Association of Ameri­ No. MC-FC-69377. By order of Feb­ [seal] H. N eil Garson, can Railroads, Car Service Division;' as ruary 14, 1967, the Transfer Board ap­ Secretary. Agent of all railroads subscribing to the proved the transfer to Julius Frank [F.R. Doc. 67-2030; Filed, Feb. 21, 1967; car service and per diem agreement un­ Barany, doing business as Barney’s Mov­ 8:47 a.m.] der the terms of that agreement and by ing & Hauling Service, Trenton, N.J., of filing it with the Director, Office of the certificate in No. MC-7547, issued July 2. [3d Rev. S.O. 562; ICC Order No. 217] 1962, to Naomi Repko, doing business as Federal Register. ^ M. Repko Moving & Storage, Trenton, ANN ARBOR RAILROAD CO. Issued at Washington, D.C., February N.J., authorizing the transportation of: 16,1967. Household goods, between Philadelphia, Rerouting and Diversion of Traffic Interstate Commerce Ra., on the one hand, and, on the other, Because of ice accumulations in Green points in New Jersey, Delaware, and Commission, Maryland, and points in a specified part Bay interfering with car ferry opera­ [seal] R. D. P fahler, of New York. Irving Friedman, 239 East tions, the Ann Arbor Railroad Co., in Agent. Hanover Street, Trenton, N.J. 08608, the opinion of R. D. Pfahler, agent, is [F.R. Doc. 67-2031; Filed, Feb. 21, 1967; attorney for applicants. unable to transport traffic. 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 36— WEDNESDAY, FEBRUARY 22, 1967 3206 FEDERAL REGISTER

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

3 CFR Page 7 CFR—Continued Page 12 CFR Pae° P roclamations : P roposed R ules—Continued I ------2499 3765 ___ 1167 814______2573 II --- :------3090 3766 ______3131 822— ______;__ 2708 217------2428 908______2896 531—------.___ 2366 3767 _____ — 3133 Q Q 1 9 (1 9 9 3768 ______3135 1001— — — _ 1181, 2447, 2644, 2819 P roposed R ules: Executive Orders : 1002______2447, 2819, 2896 10------2640 July 9, 1910 (revoked in part 1008______3156 18----- 2640 by PLO 4159)___ 3021 1015______1181,2447, 2644, 2819 509------— ------2650 May 11, 1915 (revoked in part 1031______2573 547 ------2654 by PLO 4159)______— 3021 1032— ______2573 548 ------i_____ 2654 10854 (see EO 11326)______2841 1034______2573, 3064 549 _____ 2654 11198 (modified by EO 11328) _ 3137 1036______/ 3156 550 ______2654 11325 ______1119 1038 _ 2573 551 ------2654 11326 __ 2841 1039 ______2573 566______2658 11327 ______2995 1044 ______2573 11328 ___ 3137 1045 ______l______2573 13 CFR P residential D ocuments Other 1047 ______1132 Ch. I— _____T______2377 T han Proclamations and Ex­ 1048 ______— 3156 101—a______2377 ecutive Orders: 1049 ______2382 107______2769 Letter Of Feb. 1,1967— — 2493, 2495 1050 ______2573 121______2564 1051— ______2573 P roposed R ules: 5 CFR 1062 _____ 2573 121___ 2710 1063 ______2573, 2644 213______2361, 2805, 2931, 30851064 ______1133,2573 14 CFR 410------3085 1067 _ 2573 531—a_:______3141 1068 ______2573 21— ______— ____ 2999 831—______2427 1070 ______2573, 2644 37______3141 1071 ______:_____ 2573 39— 2438-2440, 2775, 2807, 3048, 3091 7 CFR 61______:______3000 1078______2573, 2644 71______2002, 1______i ______2805 1079______2573, 2644 2368-2370, 2440-2442, 2615, 2775, 81— ______2442 1097 __a______I.______2573 1098 ______2573 2808, 2884, 2939, 3048-3050, 3091 21t>______2883 73______2002, 2370, 2699, 2775, 3092 319______2443 1099 ______2448, 2573, 282075— ______2002, 2442, 3092 401—______1123,1169, 2931 1102______„ 257391______2940, 3000 404____ 1124 1104_____ 2573 95______3001 410 ______1124 1106______— __ 2573, 2574 97______2371, 2776,3003 411______f.______1124 1108______2573 241______2808 717 ______3139 1120______2573 718 ______3139 1126 ______2573, 2574P roposed R ules: 722______2361, 2931 1127 ______2573 37______3171, 3175 724______1124, 2603, 2609, 2936, 3045 1128 ______2382 39______2382, 729— ______1169 1129 ______2573 2450, 2451, 2576, 2577, 2821, 2897, 730______1169, 2997 1130 ______2573 3063. 775— ______a—______2500 1132____ 2573 61______I______3171 811______a 2609, 3085 1138______a—______2573, 2849 71______2383, 816------;______3045 2451-2453, 2578,2649,2650, 2709, 850______2697, 2997 8 CFR 2787, 2860, 2897, 2898, 3100-3102 877____ 3086 212______— a______a 2500 73______2453,3103, 3104 907______1125, 2444, 2805, 3046 242______2883 75______2453, 2454 908— ______2999, 3046 245— ______— ______2883 91______l______2860 910— 2445, 2524, 2806, 2843, 3046, 3090 121______2860 912 ______2445, 2806, 3047 9 CFR 207______— 2821 913 ______2445, 2806, 3047 208______2821 53______— ______2427 212______2821 944______2938 97______2843 981______2939 214____ ;______2821 324______•_■______2769 221______2821,2955 991------1125 325— ___ !______2769 1001 ______— ______2361 250______— _— 2955 1002 ______2362, 2807 P roposed R ules: 295______-______2821 1015__ 2362 76___ 2643 296a_____ 2955 1032__ _'______;______— 2611 203______,______— — 2575 399______3170 1049______2939 1064— ______2363 10 CFR 15 CFR 1096______1125 50— ______a—______a— 2562, 3090 11______1126 1205______2698 70______2364, 2562 202______2814 1421______2883 115______2563 230______—- 2377,2843 P roposed R ules: 140______I______2563 602—__ ;__ —______2433 201______2644 Proposed R ules: 301------2642 30______'____ 2575 16 CFR 319—------1181 31 _____ 2649 13—.______1170> 330___ 2787 32 ____ — i._.______2575, 2649 2497-2499, 2884, 2885, 3050, 3051 729______2896 50______2821, 2851 15______1171,2844 813------1132 115:______2821 302____ 2377 FEDERAL REGISTER 3207

16 CFR— Continued Page 29 CFR Page 39 CFR—Continued Page Proposed R ules : 10____ — ...... ___ 3050 224______3058 602______1131 800______2378 271______3058 P roposed R ules: 956______3143 18 CFR 460.______2708 41 CFR 2...... _...... 2844 463___ :___...... 2709 141______- 2845 Ch. V—...... 2953,3100 1-1------2624 608______2648 1-2—______2626 19 CFR 689______2648 1-12______2626 1 ...... 3008 694______2820 4-1------1176 4 3052 1602______2852, 3100 4-3------1177 4-4------1177 5 ------1176 4-5—______1179 8 ...... ____...... 3008 30 CFR 4-12 —------i ______1179 10______2437 53______2944 4-16------1180 Proposed R u l e s: 4-50------1180 4 ...... —...... — 2819 31 CFR 9-1------3146 11______2819 3______3056 50-202.______2431 101-7______3146 20 CFR 32 CFR 101-10______3146 1...... 2699 164______— ______2772 101-11_____ 3147 405——______- 1172 553______2886 i01-20______2432 610 ______- 3052 591______2616 611 ______3052 596 ______2622 42 CFR 614______3052 597 _ 2622 P roposed R ules: Proposed R u l e s: 600__ 2623 602______2623 77______- a— ______3169 405...... —— 2688 606______2623 706—______2624 43 CFR 21 CFR 713______2525 407 ______2774 3— ______L______1172 726______2846 408 ______2774 18______\ ______1127 818______2367 410_------2774 19—______:___ 1127, 2611 837______3009 414------2774 20— ______1128 841___i ______„...... 3010 415_„______.______2774 25______1128 908—______2367,3011 418___ 3098 31______1128,2940 1001—______3011 1810— ______3059 37______.ii...... ___ 2941 1004______3012 Public Land Orders: 45— ____ 2893 1007______1__ 3012 684 (see PLO 4161)______3151 120 ______2611, 2893, 3092 1009___ 3012 1654 (revoked in part by PLO 121 ______1173, 1053— ______3017 4154)____ x______3020 2611, 2612, 2701, 2845, 2846, 2894, 1054______3018 2198 (revoked in part by PLO 2941-2943. 1622—___ 2367 4157)______3020 146c______2894 1643—______1130 4152 ______2817 1481______■ ■ ______1172 4153 ______2888 148r______1172 32A CFR 4154 ______3020 191______2612 BDSA (Ch. V) ; 4155 ______3020 Proposed R ules : M-11A, Dir. 2______2886 4156 ______;______3020 8______2645, 2646, 2897 OIA (Ch. X) 4157 ______3020 19- ______2646, 2647 OI Reg. 1—______1175 4158 ______3021 27 ______2953 4159—______3021 120______2647, 2709 33 CFR 4160 ______3021 141e______1184 64____ 3056 4161 ______3151 146e______1184 201______3057 203______3096 45 CFR 23 CFR 207______3057 116______2742 255__ 117—______2753 36 CFR 118______2758 Proposed R u les: 7______— 2564 130______2946 255 ______2417, 2418 402— ______3148 611____ 3150 24 CFR 38 CFR 705______2848 6 __ 1 ______2613 P roposed R ules : 200_ 2 ____ 1_ 2815 14______2429 85____ 2448 25 CFR 36— ______^___ :___ 3096 46 CFR P roposed R u l e s : 39 CFR 43______3021 52 ...... 3061 202___ 2705 53 ...... 3062 114_____ — _ 3018 310—______3022 221______2849 126______3018 P roposed R ules : 127______3057 80______3153 26 CFR 131 ___ 2703,2816 132 ___ 2703,3018 540______3064 P ro posed R u l e s : 137_____ 2703, 2894 1___ 3155 141______2432 47 CFR 31___ 2565 143 __ ___ 2895 0—______2626 46____ 2565 144 ______2703 1______;_____ 2771,2890 48 _ 2565 155____ _ 2432, 2624 2______2771 49 _ 2565 172______3096 5______;______1129

No. 36------H 3208 FEDERAL REGISTER

47 CFR—Continued Page 47 CFR—Continued Page 49 CFR Page 13______2626 91------2891 73_ ----- 1180 21------2890 93------2891 77_ 23------2890 95------2891,2892 ----- 2818 131. 2701,3152 31------2628 97------2891 135. 33.------2635 99------2892 ---- 3059 34 ------2635 Proposed R ules : 35 ------2637 50 CFR 2— ------2899, 3105 64------2892 28------2892 21------2383 32___>------3059 73 ______1129, 1130, 2890, 3150 64------2384 74 ------_1------2891 33------1180, 73------1135, 2376, 2377, 2639, 2700, 2848, 2893 81------2891 1136, 2384, 2899, 3023, 3024, 3178 2952,3097,3151. 87------2891 87------2899 P roposed R ules: 89------2891 95— ------3105 32------1132

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The United States P resents authoritative information about Government agencies (updated and republished annually). Government D escrib es the creation and authority, organization, and func­ Organization Manual tions of the agencies in the legislative, judicial,and executive is the official guide branches. to the functions of the This handbook is an indispensable reference tool for teachers, Federal Government librarians, scholars, lawyers, and businessmen who need cur­ rent official information about the U.S. Government.

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