FEDERAL REGISTER VOLUME 30 • NUMBER 117

Friday, June 18,1965 • Washington, D.C. Pages 7863-7938

Agencies in this issue— Agricultural Research Service Area Redevelopment Administration Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Trade Commission Food and Drug Administration Interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Detailed list of Contents appears inside. Subscriptions Now Being Accepted

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89th Congress, 1st Session 1965

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AGRICULTURAL RESEARCH Fairchild Model F-27 aircraft— 7876 Food additives: Hartzell Model HC-12x20 pro­ Disodium EDTA------7895 SERVICE pellers_,______— 7876 Furaltadone, procaine penicillin Rules and Regulations Control zones: G______5___ 7896 Slimicides ______7896 Imports and exports; commuted Alterations (3 documents)------7877, travel time allowances------7893 7879, 7884 Designation—______7877 HEALTH, EDUCATION, AND AGRICULTURE DEPARTMENT Control zones and transition areas: Alteration______7884WELFARE DEPARTMENT See Agricultural Research Serv­ Alterations and designations See Food and Drug Administra­ ice; Consumer and Marketing (5 documents) 7878,7880,7881 tion. Service. Control zones, control area exten­ a r e a redevelopment sions, and transition areas; rev­ INTERIOR DEPARTMENT ocation, alteration, and designa- ADMINISTRATION See Land Management Bureau. Rules and Regulations INTERSTATE COMMERCE Retraining subsistence payments; effective period of program----- 7894 Alteration and designation------7885 COMMISSION Description; correction______7886 ATOMIC ENERGY COMMISSION Designations (5 documents) _7885,7886 Rules and Regulations Transition area and control area Railroad safety appliance stand­ Rules and Regulations extension; designation and rev­ ards; track motor cars and push Public contracts and property ocation______7883 cars______7901 management; miscellaneous Standard instrument approach Notices amendments: p r o c e d u r e s ; miscellaneous Fourth section applications for Extraordinary contractual ac­ amendments____ — ___ &------7867 tions to facilitate the national relief______7936 Proposed Rule Making Georgia & Railway; re­ defense______7887 routing and diversion of traffic; Inspection and acceptance------7886 VOR Federal airways; alteration. 7929 amendment______7936 Procurement forms------7887 Notices Notices Coral Television Corp.; final de­ LAND MANAGEMENT BUREAU m Research Institute; issuance termination of hazard to : air of facility license amendment— 7931 navigation. __.____— _ _ _L _ 7931 Rules and Regulations Public land orders: CIVIL AERONAUTICS BOARD Alaska: FEDERAL COMMUNICATIONS Notices Partly revoking Executive COMMISSION order ______1------*----- 7901 S. A. Empresa de Viacao Aerea Rio Revocation of previous order- 7900 Grandense; hearing______7931 Proposed Rule Making Withdrawing land for use of Table of assignments, television Air Force Department as CIVIL SERVICE CO M M ISSIO N broadcast stations______— 7929 recreation sites; revocation Rules and Regulations Notices of previous order------7899 Excepted service: California: Health, Education, and Welfare Hearings, etc.: Opening of lands------7897 Lampasas Broadcasting Corp. Withdrawal of land for pub­ Department______7895 (KCYL) Navy Department; correction_ 7895 __ ------7932 lic recreation sites______7900 Peace Corps______7895 of America et al. Colorado, California, and Ari­ (2 documents)______7932 zona; withdrawal for protec­ COMMERCE DEPARTMENT tion of natural areas on public See Area Redevelopment Adminis­ FEDERAL MARITIME lands; correction and partial tration. revocation of previous order. 7899 COMMISSION Idaho; partial revocation of CONSUMER AND MARKETING Proposed Rule Making previous order------7900 Time for filing and commenting New Mexico; partial revocation SERVICE on certain agreements______7930 of previous order------7897 Rules and Regulations Oregon; powersite restoration, Notices Avocados grown in ; cancellation, r e v o c a t i o n ; shipments limitation______7893 West Coast of Italy, Sicilian and opening of lands------7898 Milk in Great Basin marketing Adriatic Ports/North Atlantic Washington: area; suspension of certain pro- Range Conference; agreement- 7934 Partial revocation of reclama­ vision------7893 tion withdrawal------7897 ; miscellaneous a m e n d ­ FEDERAL TRADE COMMISSION Revocation in whole or in part ments______i______, 7887 of Forest Service adminis­ Rules and Regulations trative sites-__—------7897 Proposed Rule Making Guide for avoiding deceptive use Milk in Southern Michigan and of word “mill” in textile indus­ Notices Muskegon, Mich., marketing tr y ------7894 New Mexico; proposed with­ areas; decision______7903 drawal and reservation of lands. 7931 FOOD AND DRUG f e d e r a l a v i a t i o n a g e n c y SECURITIES AND EXCHANGE ADMINISTRATION Rules and Regulations COMMISSION Rules and Regulations Airworthiness directives: Notices Canadair Model CL-44D4 air­ D r u g s ; furaltadone, procaine craft™______■_____ 7876 penicillin G------7896 Chatham Corp.; hearing, etc— 7935 7865 7866 CONTENTS

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, 1965, and specifies how they are affected.

14 CFR 1898 (revoked in part by PLO 3 CFR 3703) ______7900 E xecutive Orders: 39 (3 documents)------.__----- 7876 3530 (revoked in part by PLO July 10, 1912 (revoked in part by 71 (26 documents) —____ — _ 7877-7886 3701)— ——__ —------7899 PLO 3699)______— ------7898 97______—____ — ____ ¡u 7867 3695— ; sisj______7897 Dec. 12, 1917 (revoked in part by P roposed R ules : 3696— — — ———— ______7897 PLO 3699)-__.___ - ______— 7898 71 ______7929 3697— —— __ :_ 7897 8278 (revoked in part by PLO 3698______7897 3705)______7901 3699...... —______7898 16 CFR 3700— — ______- 7899 5 CFR 14— — 1— ...... — — 7894 3701— — _____ - ______- _ 7899 213 (3 documents) ______—_ 7895 3702_____ — — ——__ 7900 21 CFR 3703— ———— _ 7900 7 CFR 121 (3 documents)______7895,7896 3704— — —______——___ 7900 3705— ______— ______7901 201______^_____ 7887 146a______,------7896 915____ — —.__ :______7893 4 6 CFR 1136-______— ______7893 41 CFR P roposed Rules: P roposed Rules: 9-14______7886 521_____ j______:__...... 7930 1040— ______-______7903 9-16______—______7887 9-17______- 7887 1042— ______— ___ 7903 4 7 CFR 9 CFR 4 3 CFR P roposed R ules: 73______— 7929 97—______— ____ 7893 509 (revoked in part by PLO 3695)______: ______7897 13 CFR 1350 (revoked by PLO 3700)_____ 7899 49 CFR 305_____ 7894 1752 (revoked by PLO 3704)______790Q. 131— — 7901 Rules and Regulations Title 14— AERONAUTICS AND SPACE Chapter l— Federal Aviation Agency (Beg. Docket No. 6649; Amdt. 430] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: a x 1. By amending the following low or medium frequency range procedures prescribed m 197.11(a) to read:

LFR S tandard I nstru m ent Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical in Has unless otherwise indicated, except visibilities which are in statute miles...... , , „ . . , . . ' If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, nniAss an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition more than distance (feet) s.65 knots More than or less 66 knots 66 knots.

Windsor VO R. QG LFR (final). 1700 T-dn*...... 600-1 600-1 .600-1 : C-d...... 800-1 800-1 SOO-l^'* C-n...... 800-2 800-2 800-2 A-dn______:_„1 800-2 800-2 800-2 Following minimums apply if aircraft equipped with dual low-frequency capability and Peach Bit received:: C-dn...... 600-1 | 600-1 j 600-1}$

Procedure turn E side of ers, 142 Outbnd, 322 Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach ers, 1700'. Crs and distance, QG LFR to airport, 327®—7.9 miles: Peach Int to airport, 327°—4.3 miles. „ ■ „ T ___„„ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.9 miles after passing QG LF R or 4,3 miles after pass­ ing Peach Int, climb to 2700* and proceed direct to MD8 RBn or, when directed by ATC, (1) make right-climbing turn to 2000' and return to QG LFR or (2) make right climbing turn to 2000' and proceed direct to QG VOR. Aie Carrier N ote: Sliding scale not authorized. *300-1 takeoff authorized on Runway 33L only. MSA within 25 miles of facility: N-2000'; E-1900'; S-2400'; W-2800'. City, Detroit: State, Mich.: Airport name, Detroit City; Elev., 626': Fac. Class., SBRAZ (Windsor LFR); Ident., QG; Procedure No. 1, Amdt. 12; Efi. Date, 19 June 65; Sup. Amdt. No. 11; Dated, 20 Mar. 65 2. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read:

ADF Standard Instru m ent A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles...... ___._____ ” an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, Bnless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches Bnall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— T o - distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots

T-d*...... 2300-2 2300-2 2300-2 T-n______NA NA NA ' C-d...... 2300-2 2300-2 2300-2 C-n...... NA NA NA A-dn______NA NA NA ______turn E side of crs, 351° Outbnd, 171° Inbnd, 6000' within 10 miles (nonstandard to avoid high terrain to the W). ™“junum altitude over facility on final approach crs, 3600'. r acuity on airport. to miTOV1fUai ®°ntect not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile of BML RBn, make a right-climbing turn Within 10 miles of BML RBn. Hold N of BML RBn, 171° Inbnd, 1-minute left turns. _ „ Shnttu. '¿¿Ffcrility must be monitored aurally during this procedure. (2) Facility owned and operated by the State of New Hampshire. *IFn ois u0m 6000' on crs of 361° from facility within 10 miles, 171° Inbnd. All turns to the E. _ Other ®Vmbout procedure: Climb N of facility, shuttle to 6700' on crs of 351° within 10 miles of BML RBn, 171° Inbnd, all turns to the E. Mfi* deletes transition from Cascade Int and air carrier note. withm 25 miles of facility: 090°-180r—5200': 180°-270°—7400': 270°-090°—48007. y, Berlin, State, N.H.; Airport name Berlin Municipal* Elev., 1158'; Fac. Class., HW; Ident., BML; Procedure No. 1, Amdt. 4; Eff. Date, 19 June 65, Sup. Amdt. No. 3; Dated, 7 Oct. 61 7867 7868 RULES AND REGULATIONS

ADF S tandard in st r u m e n t Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

LOM 7000 T-dn* 300-1 300-1 200-U LOM 7000 C-dn _____ 500-1 500-1 Direct______7500 500-1 500-1 iûD-jr LOM ffinal! Direct __ . 7000 A-dn______800-2 800-2 800-2 LOMlu__ : ______Direct.______7000 EnglMmnd (K OW) RBn TiOM Direct. . __ 7000 LOM i ______Direct______7500

Radar vectoring authorized in accordance with approved patterns. Procedure turn N side of crs, 076° Outbnd, 256° Inbnd, 7000' within 10 miles. Minimum altitude over facility on final approach.crs, 7000'. Crs and distance, facility to airport, 256°—5.5 miles. If visual contact not established upon descent to authorized landing minimum» or if landing not accomplished within 5.5 miles after passing LOM, turn right, climb to 7000' on 345° bearing from DE LOM within 20 miles or, when directed by ATC, turn right, climb to 7000* direct to DEN VOR. ’Westbound (193° through 320°) IF R departures must comply with published Denver SID’s or with radar vectors. City, Denver; State, Colo.; Airport name, Stapleton International; Elev., 5331'; Fac. Class., LOM; Ident., DE; Procedure No. 1, Arndt. 27; Eff. Date, 19 June 65; Sup. Arndt. No. 26; Dated, 26 Oct. 63

QG LFR - - ...... — . — MDS RBn...... ______Direct______2700 T-dn*...... 500-1 600-1 500-1 QG VOR MDS RBn...... 2700 C-dn______600-1 600-1 600-1H PTK VOR — MDS RBn.______Direct...... _____ 2700 S-dn-15...... 600-1 600-1 600-1 SVM VOR...... -...... :_____ MDS R B n ...______Direct...... 2700 A-dn...... 800-2 800-2 800-2 MDS RBn (Anal)...... Direct______2400

Procedure turn E side of crs, 326° Outbnd, 146° Inbnd, 2700' within 10 miles. Minimum altitude over facility on final approach crs, 2400'. Crs and distance, facility to airport, 146°—-5.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.7 miles after passing MDS RBn, climb to 2000' and proceed direct to QG LFR or, when directed by ATC, (1) climb to 2000' and proceed direct to QG VOR or (2) make left-ciimbing turn to 2700' and proceed to Oak Int via QG VOR R-323. Air C arrier N ote: Sliding scale not authorized. *300-1 takeoff authorized on Runway 33L only. MSA within 25 miles of facility: OOOMWO0—1800'; 090°-180s—2300'; 180°-270°—2700'; 270°-360s—2600'. City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 626'; Fac. Class., MHW; Ident., MDS; Procedure No. 1, Arndt. 7; Eff. Date, 19 June 65; Sup. Arndt. No. 6; Dated, 20 Mar. 65

T-d*...... 500-1 500-1 NA T-n#...... 1000-2 1000-2 NA C-d...... 1000-1*$ 1000-1*$ NA C-n#...... 1500-2 1500-2 NA A-dn...... NA NA NA

Procedure turn S side of crs, 263° Outbnd, Q83s Inbnd, 3500' within 10 miles. Minimum altitude over facility on final approach crs, 2400'. Crs and distance, facility to airport, 083s—2.7 miles. _ __ „ , . . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.7 miles after passing LCI RBn, climb straight aneaa to 2000', make left-climbing turn to LCI RBn at 3500'. Hold W of LCI RBn. 083° Inbnd, 1-minute right turns. N otes: (1) Facility must be monitored aurally during this procedure. (2) Facility owned and operated by State of New Hampshire. Other change: Deletes transitions and air carrier notes. . _ __ . *No takeoffs on Runway 17. After takeoff from Runways 26 or 35, make right-climbing turn to intercept LCI RBn, 083° bearing, heading 263 to LCI at 20w « aooye. Continue climb in holding pattern W Of LCI RBn, 083° Inbnd, 1-minute right turns until reaching ME A for direction of flight. After takeoff from Runway 8, make left-cumc- ing turn to LCI RBn at 2000' or above, continue climb in holding pattern until reaching ME A for direction of Sight. #Night operations on Runways 8-26 only. All circling to be conducted N of Runways 8-26. MSA within 25 miles of facility: 000°-090 —5200'; 090°-180s—3400'; 180s-270s—3900'; 270°-360s—4500'. City Laconia; State, N.H.; Airport name, Laconia Municipal; Elev., 552'; Fac. Class., MHW; Ident., LCI; Procedure No. 1, Arndt. 3; Efl. Date, 19 June 65; Sup. Arndt. No. 2, Dated, 16 Aim;. 55

T-dn__ 300-1 300-1 200-M, C-dn__ 600-1 600-1 eoo-iM S-dn-35 600-1 600-1 606-1 A-dn.__ 800-2 800-2 800-2

Procedure turn E side of crs, 172s Outbnd, 352° Inbnd, 2200' within 10 miles. Minimum altitude over facility on final approach, 1100'. Crs and distance, facility to airport, 352s—3.5 miles. . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.5 miies after passing RBn, make right- climbing turn to MHT RBn at 2200'. Hold S of MHT RBn, 352° Inbnd, 1-minute right turns. a holding pat- N otes: (1) Facility must be monitored aurally during this procedure. (2) Facility owned and operated by the State of New Hampshire. (3) Approach from tern not authorized. Procedure turn required. Caution: ISC' terrain (0.75 mile E of Runway 35). MSA within 25 miles of facility: 000°-090s—2500'; 090s-180°—1800'; 180°-360s—3300'. City, Manchester; State, N.H.; Airport name, Grenier Field (Manchester Municipal); Elev., 233'; Fac. Class., MHW; Ident., MHT; Procedure No. 1, Amdt. 2;• Eff. Date, 19 June 65; Sup. Amdt. No. 1; Dated, 11 Aug. 62 Friday, June 18, 1965 FEDERAL REGISTER 7869

A D F S tandard in st r u m e n t A pproach P rocedure—C ontinued

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, Prom— :■ 1 T o - altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

MTO R B n ...______- Direct______2400 T-dn...... - 300-1 300-1 20Q-)4 MTO R B n ,...___ . . . i . - ...... +-■ 2500 700-1 700-1 700-1)4 Casey Int------700-1 700-1 700-1 A-dn*-.~...... NA NA NA The following minimums app ly if Etna In t received: / C-dn...... 400-1 500-1 600-1)4 S-dn-6______400-1 400-1 400-1

Procedure turn E side of crs, 225° Outbnd, 045° Inbnd, 2200' within 10 miles. Minimum altitude over facility on final approach crs, 1400'. rrsand distance. Etna Int to airport, 046®?—3.5 miles. Etna ln t to RBn 3.9miles...... „.„ ,, . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile Of MTO RBn, climb to 2300' on crs of 046 , turn right and return to MTO RBn, hold SW, Inbnd crs, 046®, right turns. Note: No weather available. ; > ■ • Note: Private facility operated by Coles County Airport authority. . •Alternate minimums of S00-2 authorized for air carriers with approved weather service. Citv Mattoon-Chariestoii; State. 111.: Airport name, Coles County Memorial; Elev., 721'; Fac. Class., HW; Ident., MTO (Private facility); Procedure No. 1, Arndt. 2; Eft. ,, ' , Date, 19 June 65; Sup. Arndt. No. 1; Dated, 22 Feb 64

MGM VOR— . TOM „ ______LÎL 1800 Trdn______300-1 300-1 200-J4 Benton Int..— T,OM (finftl) 1700 C-dn______400-1 600-1 600-1)4 Calhoun Int— T.flM Direct______1800 S-dn-9______400-1 400-1 400-1 Swift Creek Int T,niw ____ Direct__ ...... 1800 A-dn ... _____ 800-2 800-2 800-2 Sellers Int____ l ó m I______Direct...... 2500

Radar vectoring authorized in accordance with approved patterns. Procedure turn S side crs, 273° Outbnd, 093° Inbnd, 1700'within 10 miles. Minimum altitude over facility on final approach crs, 1700'. Crs and distance, facility to airport, 093°—5.1 miles...... _____ l l m , .« „ v *. onmv If visual contact not established upon descent to authorized landing minlmnms or if landing not accomplished within 5.1 miles after passing MOM DOM, climb to 2000' on R-127MQM VOR within 20 miles or, when directed by ATC, climb to 2000' on crs of 093° from MOM LOM within 16 miles. Caution: Tow er,987' 8 miles E. . ' , . , ; ,, ... • ,, Caution N ote: Night operation Runways 15-33 not authorized due lack of obstruction and runway lights. Note: Aircraft executing missed approach may, sifter being reidentified, be radar controlled. MSA within 25 miles of facility: 000®-090°—220V; 090°-180°—2500'; 180°-270°—1600'; 270°-360°—2200'. City, Montgomery; State; Ala.; Airport name, Dannelly Field; Elev., 221'; Fac. Class., LOM; Ident., MG; Procedure No. 1, Amdt. 6; Eff. Date, 19 June 65; Sup. Amdt. No. 5; Dated, 17 Apr. 66

T.OM (final) Direct______1600 T-dn______300-1 300-1 200-M LOM4__ .'...... Direct______2000 C-dn*...... 600-1 600-1 600-1)4 S-dn-4...... 600-1 600-1 600-1 A-dn*—,..__... 800-2 800-2 800-2 •The following minimnms apply to turbojet aircraft when circling W of Runways 4-22 centerlines ex- tended. C-dn_?______900-2 900-2 900-2 A-dn______— 900-2 900-2 900-2

Radar vectoring authorized in siccordance with approved radar patterns, , Procedure turn W side of crs, 217° Outbnd, 037° Inbnd, 1600' within 10 miles (nonstandard due to ATC). Minimum altitude over facility on final approsich crs, 1600' Crs and distance, facility to airport, 037°—4.9 miles...... i . If visual contact not established upon descent to authorized landing minimum« of if landing not accomplished within 4.9 miles after passing LOM, .climb to 1000' on crs, 037° from LOM, then make left-climbing turn to 2000' direct to Chatham RBn. Hold NE Chatham RBn 2000', 1-minute right turns, Inbnd crs, 241. Caution: Building 598', 2.2 miles N of airport. MSA within 25 miles of facility: 090°-270°—1800'; 270°-090°—2600'. City, Newark; State, N.J.; Airport name, Newark; Elev., 18'; Fac. Class., LOM; Ident., EW; Procedure No. 1, Amdt. 18; Eff. Date, 19 June 65; Sup. Amdt. No. 17; Dated, 28 Mar. 64

T -d ...__si____ 600-1 NA NA O d - .i____4-__ 800-1 . ,N A . NA . C -n..______NANA NA A-dn-.....'..-.. NANA NA

Radar transitions-authorized in accordance with approved: patterns of Newark approach control. Procedure turn N side of crs, 067° Outbnd, 247° Inbnd, 2300' within 10 miles. ■■■.•■ Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 254°—4.7 miles. • '» - •. . . . - „ „ , _ ,, _ - „ . , if visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.7 miles after passing PNJ Radio Beacon, climb 10 wb ?n direct crs to Chatham RBn. Hold NE 1-minute right turns, Inbnd era, 241°. MSA within 25 miles of facility: 270®-180°—2900'; 180°-270°—2I00V City, Paterson; State, N.J.; Airport name, Totowa Wayne; Elev., 185'; Fac. Class., MHW; Ident., PNJ; Procedure No. 1, Amdt. Orig.; Eff. Date, 19 June 65 7870 RULES AND REGULATIONS

ADF S tandard I n stru m ent Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots ■ More than more than or less 65 knots 65 knots

PW TOM ______Direct______2100 T-dn...... 300-1 300-1 200-)$ PW LOM...... Direct______2100 C-dn...... 600-1 600-1 600-1Û 500-1 500-1 500-r 800-2 800-2 800-2

Procedure turn S side of era, 292° Outbnd, 112° Inbnd, 2100' within 10 miles of LOM. Minimum altitude over facility on final approach era, 1800'. Cra and distance, facility to airport, 112°—5.4 miles...... , „ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.4 miles after passing Portland LOM, climb to 1000' on crs, 112° within 10 miles of LOM, then make a tight-climbing turn to PW LOM at 2100'. Hold W of PW LOM, 112° Inbnd, 1-minuto right turns. MSA within 25 miles of facility: 000°-090°—3000'; 090°-180°—1300'; 180°-270°—2100'; 270°-360°—2600'. City, Portland; State, Maine; Airport name, Portland Municipal; Elev. 66'; Fac. Class., LOM; Ident., PW; Procedure N o. 1, Amdt. 3; Eff. Date, 19 June 65; Sup. Arndt. No. 2; Dated, 25 Aug. 62

PTE VOR AMP RBn...... -...... Direct______1500 T-dn* 300-1 300-1 300-1 C-dn______700-1 700-1 700-1)$ S-dn-3...... 500-1 500-1 600-1 A-dn______NA NA NA

Radar vectoring authorized in accordance with approved patterns. - ...... Procedure turn N side of crs, 266° Outbnd, 086° Inbnd, 1500' within 10 miles. Due MacDill AFB traffic. Minimum altitude over facility on final approach crs 1000'. Crs and distance, facility to airport, 058®—6.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.7 miles after pasting AMP RBn, turn left, intercept 053° bearing from AMP RBn, climbing to 1600' within 20 miles. N otes: (1) Aircraft executing missed approach may, after being reidentified, be radar controlled. (2) Air carrier use not authorized. Weather and communications service not available at this airport. Caution: 451' towers immediately N of airport. Unicom available. *500-1 required for N and NW takeoffs. MSA within 25 miles of facility: 000°-090°—1900'; 090°-180°—2200'; 180®-270®—1600'; 270°-360°—1600'. City, Tampa; State, Fla.; Airport name, Peter O. Knight; Elev., 8'; Fac. Class., H-SAB; Ident., AMP; Procedure No. 1, Amdt. 1; Eft. Date, 19 June 65; Sup. Amdt. No. Orig.; Dated, 27 Oct. 62

PIE VOR...... LOM...... Direct. . __ „ 1500 T-dn* 300-1 300-1 200-)$ AMP R B n... LOM...... Direct 1500 C-dn______500-1 500-1 500-1)$ S-dn-18L...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Radar vectoring authorized in accordance with approved patterns. Procedure turn W side N crs, 001® Outbnd, 181° Inbnd, 1400' within 10 miles. Minimum altitude over facility on final approach crs, 1200'. Crs and distance, facility to airport, 181°—4.0 miles. If visual contact not established upon descent to authorized landing minimums or if landingnot accomplished within 4.0 miles after passing LOM, turn right, proceed direct to PIE VOR climbing to 1600' or, when directed by ATC, climb to 1600' on direct bearing to AMP RBn. N ote: Aircraft executing missed approach may, after being reidentified, be radar controlled. Caution: 210' radio tower, 1 mile WSW of airport. Other change: Deletes transition from Wilson Int. *200-Ji absolute minimum for takeoff Runway 27. MSA within 25 miles of facility: 000°-090°—1500'; 090°-180°—2200'; 180°-270°—1600'; 270°-360°—1300'. City, Tampa; State, Fla.; Airport name, Tampa International; Elev., 27'; Fac. Class., LOM; Ident., TP; Procedure N o.l, Amdt. 18; Eff. Date, 19 June 65; Sup. Amdt. No. 17; Dated, 22 Aug. 64

PIE VOR...... AMP RBn...... 1600 T-dn* 300-1 300-1 200-)$ C-dn______500-1 500-1 500-1)$ S-dn-36L...... 500-1 500-1 500-1 A-dn______. 800-2 800-2 800-2 If directed by ATC, aircraft will maintain SOW unuj passing AMP RBn and the following minimums wm ÆT...... 800-1 800-1 800-1)$

Radar vectoring authorized in accordance with approved patterns. Procedure turn E side of era, 181° Outbnd, 001° Inbnd, 1500' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. Crs and distance, facility to Runway 36L, 001°—6.1 miles. : ^ ' loin'on If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.1 miles after passing AMP RBn, climb to low bearing of 001° from AMP RBn within 20 miles. N ote: Aircraft executing missed approach procedure may, after being reidentified, be radar controlled. Caution: 210' radio tower. 1 mile WSW of airport. *200-J^ absolute minimum for takeoff Runway 27. MSA within 26 miles of facility: 000°-090°—1900'; 090°-180°—2200'; 180°-270°—1600'; 270°-360°—1600'. City, Tampa; State, Fla.; Airport name, Tampa International; Elev., 27'; Fac. Class., H-SAB; Ident., AMP ¡Procedure No. 2, Amdt. 2; Eff. Date, 19 June 65; Sup. Amdt. No.li Dated, 22 Aug. 64 Friday, June 18, 1965 FEDERAL REGISTER 7871 3. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR S tandard I nstru m ent Approach P rocedure Bearings, headings, courses and radiate are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical » to > w * * ¡ * * ¡ ¡ ¡ ¡ ¡ £ 1 o M d ^ ^ t h ^ ^ v e t ^ l T c S d u c t e d a S below named airport, it shaU be in accordance with the following instrument approach procedine, If an mstrumrmt PP J? accordance with a dffierent procedure for such airport authorized by the Administrator of the Federal Aviation Agency, initial approaches unless an approach is wnductedm accordancerwiinaamere d -th th established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimum:

2-engtae or less More than Minimum Course and 2-engtae, To— altitude Condition more than From— distance (feet) 66 knots More than or less 66 knots 65 knots

T -dn..____ '.___ 300-1 300-1 NA C -dn...l— __- 600-1 600-1 NA A-dn...... 800-2 800-2 NA

Procedure turn H siae oi crs, xou ouiuuu, v w t r ¿¿S/ m Mmimnm altitude over facility on final approach crs, 280(r. H ^ ^ ^ n r t ^ b ^ S S ^ d e ^ t o ^ t h o r t e e d landing minimums or iflandtag not accomplished withto 6.5 miles after passing PQIVORTAC, make a right- 2800'. Hold SW of the PQI VORTAC on R-230,1-minute right turns, 050" Inbnd. ■ Ccimaution in w: 825' »os' antenna (0.8 mfiemile ÑWNW of airport). M S^wh^^ß^ä^ofto^ityfoÖO'-lSO ® —8100'; 180®-270® 2700'; 270°-360® SlOO*. - & a , _. City, Caribou; State, Maine; Airport name, Caribou Municipal; Elev., 623'; VORTAG; Ident., PQI; Procedure No. 1, Arndt. 2; Efl. Date, 19 June 65; Sup. A rndt

T-dn% ..— ~ 300-1 300-1 200-)3 C-dn . .. a. 1000-3 1000-3 1000-3 A -dn... ___ 1000-3 1000-3 1000-3 If aircraft equipped to receive DME and Bishop DME Fix received, the following minimums are authorized: C-dn.__-_____-I 400-1 I 500-1 | 500-1)3 S-dn...... 400-1 400-1 600-1)4

Procedure turn N side of crs, 021" Outbnd, 201® Inbnd, 7 W within 10 miles. Beyond 10 miles not authorized. Minimum altitude over facility on final approach crs, 7400'.

mil

%»OutneastDOuna inrougn roo —------■ City, Casper; State, Wyo.; Airport name, Casper Air Procedure No. 1, Arndt. 6; Efl. Date, 1 une or upon

Direct______t 2000 T-dn@. 600-1 600-1 600-1 Windsor VOR...... C-d„._ 1000-1 1000-1 1000-1)3 G-n.__ 1000-2 1000-2 1000-2 A-dn— 1000-2 1000-2 1000-2 with VOR and ADF receivers and Island Int re­ ceived: C-dn. 600-1 600-1 600-1)3

Procedure turn E side of crs, 143® Outbnd, 323° Inbnd, 2000' within 10 miles. - Minimum altitude over QG VOR on final approach, 2000'. . 0000 . . ..

and proceed direct to QQ LF R. Air Carrier N ote: Sliding scale not authorized. ._____ „ ■ m , „ ,mdt No .. Clt,, Detroit; State, Mich.; Airport name, Detroit City; Elerr., 626-; Fae. C to ., BVOR; I t o t., QQ; Procedure No. 1, Arndt. 2; Eft. Date, U June 65; Sap. Arndt. No. 1, . . ■ Dated, 20 Mar. 65 •

600-1 600-1 500-1 Troy Int. 2400 T-dn*______2700 C-dn______a. 600-1 600-1 600-1)3 Belle Int. A-dn__»------800-2 800-2 800-2

Procedure turn N side of crs, 323® Outbnd, 143° Inbnd, 2700' within 10 miles of Oak Int. Minimum altitude over Oak Int on final approach crs, 2400'. Crs and distance Oak Int to airport, 143°—6.1 miles. . , . . , ... .«„„„„Awithin s 1 miles after nasstae Oak Int, climb to 2000'and pro- ceed^di^^t^Q G ^O ^^^v^m 'directed^^^T C ^l^^tob^aO O O ’^d^prc^^d^dirSt't'o QQ LFR o? (2) make climbing left turn to 2700' and proceed to Oak Int via QQ VOR R-323. ’ Note: Dual VOR required. » “S K î'n S S S ’o M tS m “ ràA within 25miles«teJWr «DMKKF-M0O'; 16r - 2W-^; OT-W-^0-. . City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 62«'; Fan. Class.. BVOE; Ident., QQ; Procedure No, 2, Arndt. 2; EH Date, » Jane 65, Sap. Arndt. No. , ’ r Dated, 20 Mar. 65

T-dn______300-1 300-1 200-)3 C-d. ______900-1 900-1 900-1)3 C-n____ -____ 900-2 900-2 900-2 A-dn------— 900-2 900-2 900-2

Procedure turn E side of crs, 180° Outbnd, 360° Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2600'. trTS and distance, facility to airport 360e—9.4 miles. . . . , . ... rJteVuui within o 4 miles after nassing FAR VORTAC, climb to 2600' on n t$ ua contact not established upon descent to authorized landtag minimums or if w it^ lm E ta e s .^ ^ w ^ ,wÎÎ,ïilB 20 mües or>wheii directed by ATC, make left-ctanbing turn to intercept ®Umb tofflOO'onR ^ 1 w xhta^m ^M . with the Note: When authorized by ATC, DME may be used to position aircraft for straight-ta approach at 2500® between xt iux ciockwiso procedure turn. MSA within 26 miles of facility: 000°-090°—2400^; 090°-270°—2300'; 27O°-360° 320(/. ; â City, Fargo; State, N. Dak,; Airport name, Hector Field; Elev., 900'; Fac. Class., BVORTAC; Ident., FAR; Procedure No. 1, Arndt. Orig.; Efl. Date, 19 June 65

No. 117- 7872 RULES AND REGULATIONS

VOR Standard I nstrum ent Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and distance altitude Condition 2-engine, (feet) 66 knots More than more than or less 66 knots 66 knots

T-dn___ ...... 300-1 *300-1 ’200-H C-dn...... 400-1/ *500-1 *500-1)$ S-dn-33...... 400-1 *400-1 *400-1 A-dn...... 800-2 *800-2 *800-2

Procedure turn E side of crs, 149° Outbnd, 329° Inbnd, 1300' within 10 miles. Minimum altitude over facility on final approach crs, 1300'. Crs and distance, facility to airport, 329°—4.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.3 miles after passing LFK VO R, turn left, climb to 2000* on R-310 within 10 miles. Other change: Deletes note regarding areas obstruction data. •Heavier aircraft use caution due runway load bearing ability. MSA within 26 miles of facility: 000°-090s—1900'; 090P-1800—1700'; 180°-270°—1800'; 270°-360B—2000'. City, Lufkin; State, Tex.; Airport name, Angelina County; Elev., 290'; Fac. Class., BVORTAC; Ident., LFK; Procedure No. 1, A rndt 8; Eff. Date, 19 June 66; Sun. Arndt No. 7; Dated, 17 Oct. 64

T-dn_...______300-1 300-1 200-H C-dn...... 600-1 600-1 eoo-iH S-dn-35...... 600-1 600-1 600-1 A-dn______800-2 800-2 800-2

Procedure turn E side of crs, 157° Outbnd, 337® Inbnd, 2200' within 10 miles. Minimum altitude over facility on final approach crs, 1100'. Crs and distance, facility to airport, 3370—4.2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing MHT VOR, make right- climbing turn to MHT VOR at 2200'. Hold SW of MHT VOR on R-157,1-minute right turns, 337° Inbnd. Caution: 480' terrain (0.76 mile E of Runway 36). MSA within 26 miles of facility: 000°-090°—2600'; 090°-180°—1800'; 180°-360°—3300'. City, Manchester; State, N.H.; Airport name, Qreiner Field (Manchester Municipal); Elev., 233'; Fac. Class., L-BVORTAC; Ident., MHT; Procedure No. 1, Arndt. 2; Eff- Date, 19 June 66; Sup. Arndt. No. 1; Dated, 11 Aug. 62

T -dn...... 300-1 300-1 200-H C-dn___ ...... 400-1 500-1 500-1H S-d-33...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Radar vectoring authorized in accordance with approved patterns. Procedure turn E side crs, 138° Outbnd, 318° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 1800*. Crs and distance, facility to airport, 318°—6.6 miles. , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.6 miles after passing MGM VOR, climb to 2000' on R-318 within 20 miles of MQM VO R or, when directed by ATC, turn left, climb to 2000' on W crs MOM ILS within 20 miles. N otes: (1) Night operation Runways 15-33 not authorized due lack of obstruction and runway lights. (2) When authorized by ATC, DME may be used from R-025 clockwise to R-150 within 16 miles at 2000' and from R-160 to R-240 within 16 miles at 2600' to position aircraft for straight-in approach with the elimination of procedure turn. (3) Aircraft executing missed approach may, after being reidentified, be radar controlled. MSA within 26 miles of facility: 000“-090°—2000'; 090°-180°—2500'; 180°-270°—2600'; 270°-360°—2000'. City, Montgomery; State, Ala.; Airport name, Dannelly Field; Elev., 221'; Fac.'Class., BVORTAC; Ident., MOM; Procedure No. 1, Arndt. 12; Efl. Date, 19 June 66; Sup. Arndt. No. 11; Dated, 17 Apr. 66 4. By amending the following terminal very high frequency omnirange (TerVOR) procedures prescribed in § 97.13 to read:

T erm inal VOR S tandard I n stru m ent A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , , If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach proceaure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approacnes shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition' Ceiling and visibility minimums

2-engine or less More than Minimum 2-engine, From— To— Course and altitude Condition more than distance (feet) 66 knots More than 66 knots or less 66 knots

2200-2 T-dn%______2200-2 2200-2 2700-2 C-dn...... 2700-2 2700-2 3000-3 A-dn...... 3000-3 3000-3

Procedure turn S side of crs, 286° Outbnd, 106° Inbnd, 10,200' within 10 miles. Minimum altitude over facility on final approach crs, 9000'. Facility on Airport. \ turn climb to If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile after passing ELY VOR, rigni w*« 11,000' on R-160 within 18 miles of ELY VOR. No turns authorized prior to reaching 10,500'. %Departure procedures: Climb clear of clouds over the airport to 8500'. MSA within 25 miles of facility: 000°-090°—13,100'; 090°-180°—14,100; 180°-270°—11,900'; 270°-360°—11,300'. ^ City, Ely; State, Nev.; Airport name, Ely (Yelland Field); Elev., 6265'; Fac. Class., BVOR; Ident., ELY; Procedure No. TerVOR R-288, Arndt. 1; Eff. Date, 19 one Sup. Arndt. No. Orig.; Dated, 28 Mar. 66 Friday, June 18, 1965 FEDERAL REGISTER 7873

5 . By amending the following very high frequency omnirange-distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DME Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be In accordance with the following Instrument approach procedure an approach is conducted In accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified.routes. Minimum altitudes shah correspond with those established for en route operation in the particular area or as set forth below

Transition Ceiling and visibUity minimums

2-engine or less Minimum More than Course and 2-englne, From— T o - distance altitude Condition (feet) 66 knots More than more than or less 65 knots 65 knots

CON VOR via R-192...... -...... Page Int or 15-mile DME Fix MHT Direct...... 3000 T-dn. 300-1 30Ò-1 200-V£ R-340 (final). Direct...... 1900 C-dh...... !.. 600-1 600-1 600-lVé Page Int or 15-mile DME Fix MHT R-340.. H-mile DME Fix MHT R-340 (final). Direct...... 1400 S-dn-17...... 600-1 500-1 600-1 11-mile DME Fix MHT R-340...... — 9-mile DME Fix MHT R-340 (final). _ Direct...... 800 A-dn.._____ ... 800-2 . : 800-2 800-2 9-mile DME Fix MHT R-340...... 7-mile DME Fix MHT R-340 (final)..

Procedure turn W side of crs, 340° Outbnd, 160° Inbnd, 3000' within 10 miles of Page Int. Minimum altitude over 16-mile DME Fix on final approach crs* 3000'; over 11-mile DME Fix, 1900'; over 9-mile DME Fix, 1400'; over 7-mile DME Fix, 800'. Crs and distance, 7-mile DME Fix to airport, 160°—1.6 miles. - ' If visual contact not established upon descent to authorized landing minimums 'or if landing not accomplished at 5.4-mile DME Fix, climb to 2200* direct to MHT VOR. Hold SE of MHT VO R on R-167,1-riunute right turns, 337® Inbnd. Note: Procedure turn not required on transition from CON VOR to Page Int at 3000'. Caution: 480* terrain (0.76 mile E of Runway 35). * MSA within 26 miles of facility: 000°-090°—2600'; 090®-180®—1800'; 180°-360°—3300'. City, Manchester; State, N.H.; Airport name, Grenier Field (Manchester Municipal); Elev., 233'; Fac. Class., L-BVORTAC; Ident., MHT; Procedure No. VOR/DME-1, Arndt. 1; Eff. Date, 19 June 66; Sup. Arndt. No. Orig.; Dated, 10 Apr. 65

Hartstene Int/M-mile DME Fix R-345 OLM VOR______3000 T-dn%...... 300-1 300-1 200-VS Harbor Int/10.0-mile DME Fix R-345.. OLM VOR (final)...... 900 C -d n ...:..^ ...i. ' 700-1 700-1 700-1H Bayside I n t....___pswsii- OLM VOR— - — _— . : . - . . D irect....____.... 3000 S-dn.. __...... NA NA NA A-dn.— . — 800-2 800-2 800-2 If aircraft equipped with VOR and DME or VOR and ADF receivers, and Budd Int is identified the foUowing minimums apply: C-dh 600-1 600-1 600-1M S-dn-17 600-1 600-1 600-1 Radar vectoring;authorized utilizing McChord radar in accordance with approved patterns. Procedure turn W side of crs, 345® Outbnd, 166® Inbnd, 3000' within 16 miles. Minimum altitude over Budd Int on final approach crs, 900'; over OLM VOR 800'. Crs and distance, Budd Int to airport, 165®—4.7 miles; Budd Int to VOR 166®—5.0 miles OLM VOR oh airport. _ R visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile after passing OLM VOR, climb to 3000' on R-173 within 15 miles of OLM VOR; or when directed bv ATC, turn left, climb to 3000' on R-345 within 15 miles of OLM VOR. Note: When authorized by ATC, DME may be used within 20 miles at 2000' between R-315 clockwise to R-018 of OLM VOR to position aircraft for Straight-in approach with elimination of procedure turn. ;; p . Caution: Restricted area 4.7 miles E of airport. %Takeoffs all runways: Climb on R-345 OLM VORTAC within 10 miles so as to cross OLM VORTAC at or above 1500' Westbound on V-204. M8A within 25 miles of facility: 000°-090°—2700*; 090®-180®—4900'; 180°-270°—3700^ 270°-360°—3800'. T. • - . . City, Olympia; State, Wash.; Airport-name, Olympia Municipal; Eley., 205'; Fac. Class., L-BVORTÀC; Ident., OLM; Procedure No. VOR/DME No. 1, Amdt. 4; Eff. Daté, 19 June 65; Sup. Amdt. No. 3; Dated, 16 May 66 6. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard I nstrument Approach P rocedure headings, courses and radiate are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are In n a n th l Mœ unless otherwise indicated, except visibilities which are in statute mUes. - „ . f “ instrument approach procedure oft he above type is conducted at the below named airport,it shall be In accordance with the foUowing Instrument approach procedure mums an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches snau do made over specified routes. Minimum altitudes shaU correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— Course and 2-engine, T o - distance altitude Condition (feet) 65 knots More than more than or less es.knots 65 knots

DEN VOR LOM...... 7000 T-dn îfe M 300-1 300-1 200-Vi Broomfield tot . T/OM Derby tot.. 7000 #400-1 500-1 60O-1VS Strasburg tot LOM 7000 S-dn-26L%*___ 200-Vi 200-Vi 200-Vi Kiowa VOR- ...... ------LOM...... 7000 600-2 600-2 600-2 7500 Watkins tot LOM (final) 7000 Bennett tot LOM.___ :.... 7000 Brighton tot ! LOMi . 7000 EiankUiwn tot— j: LOM 7500 d e n ä RBi1...... LOM . 7000 7000 — Ä— ------. IU accordance wnn approved patterns. Minimi. ^ side °f E crs, 076® Outbnd, 256® Inbnd. 7000' within 10 miles. A l « S niali?5ld? at ghde slope interception Inbnd, 7000'. If vismfr ? slope and distance to approach end of runway at OM, 6974'—6.5 miles; at MM, 555i,--6.6 mile. ^ directed h,, AVmi. D0* established upon descent to authorized landing minimums or if landing not accomplished, turn right, climbing to. 7000' direct to DEN VOR or, when Caijttam Vrl,J urn right and climb to 7000' on the 345° bearing from DE LOM. #500-1 rom 6575 ,tank' 0.8,mile SE of DEN MM, :> 5521' beacon, 1.5 miles S of airport. *400-1 reni'd io£ circling S of airport due to obstructions (see caution note),. lor 4-enHn„ .¡r - .when glide slope not utilized. 400-Ji authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. 400-Vi authorized, except • aircraft with operative ALS. discharge fla^hAV1SUa '¡T811?® 2400' also authorized for landing on Runway 26L; provided that all components of the ILS, high-intensity runway lights, approach lights, condenser been ’ and all related airborne equipment are operating satisfactorily. Descent below 6531' shall not be made unless visual contact with the approach lights has the e f r c ^ is dear of clouds tional. ay visual range 2400' also authorized for takeoff on Runway 26L in lieu of 200-Vi when 200-Vi is authorized; provided that high-intensity runway lights are opera- City j ^ )0Und through 320°) IFR departures must comply with published Denver SID’s or with radar vectors. • enver; State, Colo.; Airport name. Stapleton International: Elev., 5331'; Fac. Class., ILS; Ident., I-DEN; Procedure No. ILS-26L, Amdt. 30; Eff. Date, 19 June 65; Sup. Amdt. No. 29; Dated, 14 Mar. 64 7874 RULES AND REGULATIONS

ILS Standard I nstrument Approach P rocbdubii— Continued

Transition Ceiling and visibility minimum«

2-engine or less Minimum More than Course and 2-engine, From— To— distance altitude Condition (feet) 65 knots More'than more than or less 65 knots 65 knots

LEX VOR _ ...... LE LOM______Direct. _ —- 2600 T-dn ___ 300-1 300-1 200-% LE LOM ______Direct...... _ 2500 C-dn ...... 400-1 500-1 500-1% Richmond Int.______r LE LOM...... Direct____ „ ^ v .„ 2600 S-dn-4*...... 300-% 300-% 300-% Chaplin In t______r_ .___r______L Keene I n t ___ . . . ___ - Via R-264 LEX 2500 A-dn. . . . 600-2 600-2 600-2 VOR. LE LOM (final)______Direct ...______2000

Procedure turn N side of crs, 222° Outbnd, 042s Inbnd, 2000' within 10 miles (nonstandard due to more favorable terrain). Minimum altitude at glide slope Int Inbnd, 2000'. Altitude of glide slope and distance to approach end of runway at OM, 2000'—3.5 miles, at MM, 1100'—0.5 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2800' on crs, 042° to the Payette'Int. Hold N, 1-minute right turns, 222s Inbnd, 042s Outbnd. Caution: Glide slope point of touchdown approximately 1450' in from approach end of runway. *400-1 required when glide slope not utilized; 400-% authorized, except far 4-engine turbojet aircraft, with operative high-intensity runway lights;: 400-% authorized, ex­ cept for 4-engine turbojet aircraft, with operative ALS. City, Lexington; State, Ky.; Airport name, Blue Grass; Elev., 978'; Fac. Class., ILS; Ident., I-LEX; Procedure No. ILS-4, Arndt. 5; ES. Date, 19 June 65; Sup. Arndt. No. 4; Dated, 29 Feb; 64

2800 300-1 300-1 200-% 2800 500-1 500-1 500-1% Fayette Int (finali ...... Direct 2300 S-dn-22*____ J_ 400-1 400-1 400-1" A-dn...... 800-2 800-2 800-2

Procediwe turn N side NE crs, 042° Outbnd, 222s Inbqd, 2800' within 10 miles. Back crs, no glide slope. Minimum altitude over Fayette Int, 2300'. > Crs and distance, Fayette Int to airport, 222s—4:8 miles. If visual contact not established upon descent to authorized landing minimum« or if landing not accomplished within 4.8 miles after passing Fayette Int, climb to 2000' on SW crs ILS to Lexington LOM within 10 miles. N ote: Procedure authorized only when aircraft equipped to receive ILS and VOR simultaneously. *400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. City, Lexington; State, Ky.; Airport name, Blue Grass; Elev., 978'; Fac. Class., ILS Ident.,'I-LEX; Procedure No. ILS-22 (back crs), Arndt. 4; Efl. Date, 19 June 65; Sup. Arndt. No. 3; Dated, 21 Mar. 64

MGM VOR...... -______LOM...... Direct...... 1800 T-dn##...... 300-1 300-1 200-% LOM (final) 1...... -... Direct.__ ...... 1700 C-dn...... 400-1 500-1 500-1% LOM...... j_:______Direct-...... <___ 1800 S-dn-iMi* 200-% 200-% 200-% LOM...... 1800 A-dn 600-2 600-2 600-2 LOM...... 2500

Radar vectoring authorized in accordance with approved patterns. Procedure turn 8 side crs, 273° Outbnd, 093° Inbnd, 1700' within 10 miles. Minimum altitude at glide slope In t Inbnd, 1700'. Altitude of glide slope and distance to approach end of runway at OM, 1700'—5.1 miles; at MM, 435'—0.6 mile. . . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished turn right, climb to 2000' on R-127 MGM VOR withm 20 miles or, when directed by ATC, climb to 2000' on crs of 093s from MGM LOM within 15 miles. Caution: Tower, 987'—8 miles E. Caution N ote: Night operations Runways 15-33 not authorized due to lack of obstruction and runway lights. N ote: Aircraft executing missed approach may, after being reidentifled, be radar controlled. *400-% required when glide slope not utilized. 400-% authorized, except for 4-engine turbojet aircraft, with operative ALS. . # Runway visual range 2400' also authorized for landing on Runway 9; provided, that all components of the ILS, high-intensity runway lights, approach lights, condenser discharge flashers, and all related airborne equipment are in satisfactory operating condition. Descent below 421' shall not be made unless visual contact with the approach lights has been established or the aircraft is clear of clouds. ## Runway visual range 2400' also authorized for takeofl on Runway 9 in lieu of 200-% when 200-% authorized providing high-intensity runway lights are operational. # City, Montgomery; State, Ala.; Airport name, Dannelly Field; Elev., 221'; Fac, Class., ILS; Ident., I-MGM; Procedure No. ILS-9, Arndt. 11; Efl. Date, 19 June 65; Sup. Arndt. No. 10; Dated, 17 Apr. 65

T -dn.___ ...... 300-1 300-1 200-% C-dn______400-1 500-1 500-1% 8-dn-27*...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Radar vectoring authorized in accordance with approved patterns. No procedure turn. Radar control will not descend aircraft below 2000' until 6 miles from end of runway on final. Minimum altitude over 6-mile Radar Fix on final approach crs, 2000'. Crs and distance, 6-mile Radar Fix to airport 273s—6.0 miles. , . ^ If visual contact not established upon descent to authorized landing minimum« or if landing not accomplished within 6.0 miles after passing 6-mile Radar Fix, cumD w on W ere of MGM ILS within 20 miles. . , _ , annr09ch N otes: (1) Aircraft executing missed approach may, after being reidentified, be radar controlled. (2) MGM approach radar must be in operation for vector to nnai CCS. *400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. City, Montgomery; State, Ala.; Airport name, Dannelly Field; Elev., 221'; Fac. Class., IL8; Ident., I-MGM; Procedure No. ILS-27 (backers), Arndt. Orig.; Efl- Date, 19 June Friday, June 18, 1965 FEDERAI REGISTER 7875

ILS Standard I nstrument Approach P rocedure—Continued

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-englne, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

1600 T-dn** .. 300-1 300-1 200-)$ Amboy VHF tat. LOM (final). LOM...... 2000 C-dn% .. 600-1 600-1 600-1)$ Chatham RBn... S-dn-4*# 200-)$ 200-)$ 200-)$ BA-dn% S M P P H W 600-2 . 600-2 600-2 %The "following minimums apply to turbojet aircraft when circling W of Runways 4-22 centerlines ex­ tended. C -dn._...!__ t 900-2 I 900-2 I 900-2 A-dn___ 900-2 , 900-2 900-2

Radar transitions authorized in accordance with approved radar patterns. ' , , _ Procedure turn W side of SW crs, 217° Outbnd, 037° Inbnd, 1600' within 10 miles (nonstandard due to ATC). Minimum altitude at glide slope interception Inbnd, 1551'. , ■ ■ it . Altitude of glide slope and distance to approach end ofrunway at OM, 1551'—4.9 miles; a t MM,,240'—0.6 mile. -,_0 , . T- ?,<■-y ,, , ,jA - . T n . If visual contact not established upon descent to authorized landing minimums or if landing not accomphshed, climb to 2000 pn 037 crs from LOM to interception pf LG A. V0R R-292, make left turn and proceed to Morristown VHF ta t at 2000', j^ild SW 1-minute left turns Inbnd crs, 061 . •Rimway ^suM range 2tX)0' also\uthorize

ENE VOR.. PW TiOM 2100 T-dn______300-1 300-1 200-J$ PW LOM 2100 C-dn...... 600-1 600-1 600-1)$ Freeport Int. S-dn-11*...... 30Ò-JÌ 300-)$ 300-M A-dn...... 800-2 800-2 800-2

Procedure turn S side of crs, 292° Outbnd, 112° Inbnd, 2100' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1800'. . Altitude of glide slope and distance to approach end of runway ait OM, 1740'—5.4 miles at MM, 273'—0.6 mile. , ■ .¡, ... • .. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 1000 on crs, 112 withm 10 miles, then make a ngnt- dimbing turn to PW LOM at 2100'. Hold W of PW LOM, 112° Inbnd, 1-minute right turns. *600-M required with glide slope inoperative. City, Portland; State, Maine; Airport name, Portland Municipal; Elev., 66'; Fac. Class., ILS; Ident., I-PWM; Procedure No. ILS-11, Arndt. 4; Efl. Date, 19 June 65;. Sup. Arndt. N®- 3; Dated, 4 May 63

PIE VOR. LOM ____ .. Direct______1500 T-dn#%...... 300-1 300-1 200-)$ AMP RBn LOM - ______1500 C-dn...... — 500-1 500-1 500-1)$ Wilson Int.. LOM (final) Direct______1200 S-dn-18L##*.— 200-)$ 200-)$ 200-)$ A-dn__ ... __ 600-2 600-2 600-2

Radar vectoring authorized in accordance with approved pattern. Procedure turn W side of crs, 001° Outbnd, 181° Inbnd, 1400' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1200'. Altitude of glide slope and distance to approach end of runway at LOM, 1171'—4.0 miles; at MM, 215 —0.5 mile. • - , • _ — ,Tr. D If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, turn, right to 225 , climb to I60u on r -usu/ k 2ou -r iis v u it within 20 miles or, when directed by ATC, climb to 1600' on S era of ILS or 181° crs from LOM within 20 miles. Note: Aircraft executing missed approach may, after being reidentified, be radar controlled. Caution: 210' radio tower, 1 mile WSW of airport. %200-J$ absolute minimum for takeoff Runway 27...... , . . . . ______,______■ ___ . . ___, # Runway visual range 2400' also authorized for takeoff on Runway 18L in lieu of 200-)$ when 200-)$ is authorized, provided high-intensity runway lights are operational. ## Runway visual range 2400' also authorized for landing on Runway 18L, provided all components of the ILS, highdntensity runway lights, approach lights, condenser dis- wsrge flashers, and' all related airborne equipment are Operating satisfactorily. Descent below 227' shall not be made unless visual contact with the approach lights has peon established or the aircraft is clear of the clouds. ■ ...... 4 0 0 required when glide slope not utilized. 400-)-$ authorized, except for 4-engine turbojet aircraft, with operative ALS. City, Tampa; State, Fla,; Airport name, Tampa International; Elev., 27'; Fac. Class., ILS; Ident., I-TPA; Procedure No. ILS-18L, Arndt. 21; Efl. Date, 19 June 65; Sup. Arndt. No. 20; Dated, 30 Jan. 65 7876 RULES AND REGULATIONS

. 7. By amending the following radar procedures prescribed in § 97,19 to read: ,

R adar S tandard I n str u m e n t A ppro a c h P rocedure! Bearings, leadings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nariu*«! mfles unless otherwise Indicated, except visibilities wbfcbare in statute miles. - If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is condnpt.M in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency, Initial approaches shall be made over sbecifwi routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estah lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established ou final approach at or before descent to the authorized landing minimums, or (B> at pilot’s discretion if it appears desirable to discontini the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach Shall be executed as provided below when (A) communication on final approach is lost for more than 6 Seconds during a precision approach;'or for more than 30 seconds during a surveillance approach; (B) directed by radar controller (C) visual contact isnot established upon descent to authorized landing minimums; or (P) if landing is not accomplished. . ’

Transition ' ' ; Celling and visibility mininintna

2-englneórÌéss Minimum More than From— Course and 2-cngine, To— distance altitude - Condition (feet) 66 knots More than more than or less 66 knots 66 knots -

I 1 1 All directions...... 2000 T-dn„ 300-1 ; . 300-1 200-1$ C-dn fi..... 600-1 600-1 500-1)4 C-dri 2,16, 20, 400-1 ' 600-1 500-1)4 24, 33. S-dn 6...... • 600-1 600-1 600-1 ;• S-dn 16, 24, 33*. 400-1 400-1 400-1 S-dn-2, 20...... 400-1 .. 400-1 400-1 A -d n ...... 8Ò0-2 800-2 800-2

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2000' on runway heading, proceed direct to HPW VOR.‘ Hold NE, R-0261-minute left turns. . . r * 4 0 0 authorized, exeept for 4-engine turbojet aircraft, with operative high-intensity runway lights. . City, Richmond; State, Va.; Airport name, Richard E. Byrd; Elev., 167'; Fac. Class, and Ident., Richmond Radar; Procedure No. 1, Amdt. 1; Eft. Date, 19 June 66; Sup. Arndt. Nói Orig.;.Dated, 4 Nov. 61 : - * These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348 (e), 1354 (a), 1421; 72 Stat. 749, 752,775) Issued ih Washington, D.C., on May 12,1965. H arry À . T urnpatjgh, Acting Director, Flight Standards Service. [F.R. Doc. 65-5233; Filed, June 17,1965; 8:45 a.m.]

[Docket No. 6469; Amdt. 39-86] Issued in Washington, D.C., on June To prevent further malfunctions of th* actuator shaft to flap gear box connecting PART 39— AIRWORTHINESS 14,1965. G. W . W a l k e r , s h a f t u n iv ersal jo in ts resu ltin g in an asym­ DIRECTIVES r : m etric flap condition, accomplish the follow­ Acting Director, in g : Canadoir Model CL-44D4 Aircraft Flight Standards Service. Modify the actuator shaft to flap gear box [F,R. Doc. 65-6383; Filed, June 17, 1966; co n n ectin g s h a ft u n iv ersal Joints in accord­ Amendment 39-35 (30 F.R. 2134), AO 8:45 a.m .J ance‘with Fairchild Service Bulletin No. 65-4-4, requires inspection and replace­ 27-35, dated June 15, 1962, or later FAA- ment or modification of the main land­ approved revision, o r a n equivalent approved ing gear uplock actuators on Canadair [Docket No. 6593; Amdt. 39-85] by the Chief, Engineering and Manufactur­ Model CL-44D4 aircraft. The manufac­ ing Branch, FAA Eastern Region. turer has now issued a service bulletin PART 39— AIRWORTHINESS DIRECTIVES The amendment shall become effective which pertains to this subject, therefore July 18,1965. the AD is revised to reflect this bulletin Fairchild Model F—27 Aircraft in the parenthetical reference statement. (Secs. 313(a) , 601 and 603, Federal Aviation Since this amendment provides a clar­ A proposal to amend Part 39 of the Act of 1958 (49 U.S.6.1354(a), 1421, 1423)) ification only, and imposes no additional Federal Aviation Regulations to include Issued in Washington, D.C., on June burden on any person, notice and public an airworthiness .directive requiring 14,1965. procedure hereon are unnecessary and modification of the actuator shaft to flap C. W. W alker, the amendment may be made effective in gear box connecting shaft universal Acting Director, less than 30 days. ' j oints qn Fairchild Model F-27 aircraft Flight Standards Service. In consideration of the foregoing, and was published in 30 F.R. 5643! [F,R. Doc. 65-6384; Filed, June 17, 1965; pursuant to the authority delegated to Interested persons have been afforded 8:45 a.m .j me by the Administrator (25 F.R. 6489), an opportunity tb participate In the mak­ § 39.13 of Part 39 of the Federal Aviation ing of the amendment: No objections Regulations, Amendment 39-35 (30 F.R. were received. [ Docket No. 6256; Amdt. 39-84] 2134), AD 65-4-4, is amended by amend­ In consideration of the foregoing, and PART 39— AIRWORTHINESS ing the parenthetical référence state­ pursuant to the authority delegated to ment to read as follows: “(Canadair me by the Administrator (25 F.R. 6489)., DIRECTIVES Service Bulletin No. CL44D4-381 pertain § 39.13 of Part 39 (14 CFR Part 39), is Hartzell Model HC-12X20 Propellers Service Information Circular No. 336- hereby amended by adding the following CL44D4 and to this subject.) ” new airworthiness directive; A proposal to amend Part 39 of the Federal Aviation Regulations to rev This amendment becomes effective F airchild. Applies to Model F-27 aircraft Amendment 39-14, 29 F.R. 17797, AP - Serial Numbers 1 through 95. June 18,1965. 28-1, as amended by Amendment 39- * Compliance required within the next 50 (Secs. 313(a), 601 and 603, Federal-Aviation hours’ tim e in service after the effective date 30 FJR. 4533, Hartzell Model HC-lZX^u Act of 1958 (49 DJS.C. 1354(a), 1421, 1423) ) of this AD unless already accomplished. propellers equipped with C-49-2B an Friday, June 18, 1965 FEDERAL REGISTER 7877 49-2C hub spiders, by amending the ap­ Monday thru Friday, 0700—1700 hours Satur­ and a 1,200-foot transition area for plicability provision of the directive to day and 0900-2000 hours Sunday, local time. Evansville, Ind. include hub spiders with Serial Numbers [F.R. Doc, 65-6386; Filed, June 17, 1965; Interested parties were given 30 days 4220 through 5400 was published in 30 8:45 a.m .] after publication in which to submit written data or views. No objections to FR. 5532. the proposed regulations have been re­ Interested persons have been afforded [Airspace Docket No. 65-EA-4] an opportunity to participate in the ceived. making of the amendment. No objec­ PART 71-—DESIGNATION OF FEDERAL In view of the foregoing, the proposed tions were received. AIRWAYS, CONTROLLED AIRSPACE, regulations are hereby adopted effective In consideration of the foregoing, and AND REPORTING POINTS 0001 e.s.t., July 22, 1965, except as fol­ pursuant to the authority delegated to lows: me by the Administrator (25 FJEt. 6489), Alteration of Control Zone 1. In Item 4 in the last line of the text material, delete the phrase “2300 c.s.t. § 39.13 of Part 39 of the Federal Aviation On page 3453 of the F ederal R egister Regulations, Amendment 39-14, 29 FJR. daily” and insert in lieu thereof “2200 for March 16, 1965, the Federal Aviation local time daily.” 17797, AD 64-28-1, as amended by Agency published proposed regulations Amendment 39-53, 30 F.R. 4533, is fur­ which would alter the Findlay, Ohio, con­ (Sec. 307(a), Federal Aviation Act of 1958 ther amended by changing the applica­ trol zone to provide an additional exten­ (72 Stat. 749; 49 U.S.C. 1348)) bility statement to read: sion premised on the 248° bearing of the Issued in Jamaica, N.Y., on May 13, Applies to M odels HC—12X20—1, —2, —3, —5, Findlay RBN. 1965. and -7B propellers equipped with C-49-2B Interested parties were given 45 days W ayne Hendershot, and C-49-2C hub spiders having Serial Num­ after publication in which to submit Acting Director, Eastern Region. bers 4220 through 5400 installed on Downer (Republic) RC-3; Navion, Navion A; and written data or views. No objections to 1. Amend § 71.165 of Part 71 Evans­ Grumman G-44 Series aircraft. the proposed regulations have been re­ ville, Ind., by deletion of the Evansville, ceived. This amendment becomes effective Ind., control area extension. In view of the foregoing, the proposed 2. Amend § 71.165 of Part 71 Owens­ July 18,1965. regulations are hereby adopted effective boro, Ky., by deletion of the Owensboro, (Secs. 313(a), 601 an d 603, F ederal A viation 0001 e.s.t., August 19,1965. Ky., control area extension. Act of 1958 ( 49 U.S.C. 1354(a), 1421, 1423)) (Sec. 307(a), Federal Aviation Act of 1958 3. Amend § 71.171 of Part 71 Evans­ Issued in Washington, D.C. on June (72 Stat. 749; 49 U.S.C. 1348)) ville, Ind., by deleting all words after 14, 1965. Issued in Jamaica, N.Y., on May 26, “* * * Dress Memorial Airport, Evans­ C.W. Walker, 1965. ville, Ind.,” and inserting after the afore­ Acting Director, W ayne Hendershot, said words the following geographical Acting Director, Eastern Region. position, “38°02'13" N., 87°31'58" W ”. Flight Standards Service. 4. Amend § 71.171 of Part 71 by estab­ (F.R. Doc. 65-6385; F iled, Ju n e 17, 1965; Amend § 71.171 of Part 71 of the Fed­ lishing an Owensboro, Ky., control zone 8:45 a.m] eral Aviation Regulations so as to delete described as follows: the description, of the Findlay, Ohio, control zone and insert in lieu thereof: O w ensbo ro , K y . [Airspace Docket No. 65-EA-l ] Within a 5-mile radius of the center, Within a 5-mile radius of the center of PART 71 —DESIGNATION OF FED­ 41°00'55" N., 83°40'15" W. of Findlay Airport, Owensboro-Daviess County Airport, Owens­ Findlay, Ohio, excluding the portion within boro, Ky., 37*44*32" N.,87°09'57" W. and ERAL AIRWAYS, CONTROLLED AIR­ a 1-mile radius of the center, 40°57'40" N., within 2 miles each side of the Owensboro SPACE, AND REPORTING POINTS 83*35*45" W. of Lutz Airport, Findlay, Ohio; VOR 184° radial extending southerly from within 2 miles each side of the Findlay VOR the 5-mile radius zone for 8 miles from the Designation of Control Zone 046° radial extending from the 5-mile radius VOR; within 2 miles each side of the Owens­ zone to the VOR; within 2 miles each side of boro VOR 222° radial extending southwest­ On pages 3452 and 3453 of the F ederal the Findlay RBN 178° bearing extending erly from the 5-mile radius zone for 8 miles, Register for March 16,1965, the Federal from the 5-mile radius zone to 8 miles S from the VOR, said control zone effective Aviation Agency published proposed of the RBN; and within 2 miles each side of 0600 to 2200 local time dally. regulations which would designate a the Findlay RBN 248° bearing extending 5. Amend § 71.181 of Part 71 by desig­ part-time control zone Tor Hazleton Air­ from the 5-mile radius zone to 8 miles SW of th e RBN. nating an Evansville, Ind., transition port, Hazleton, Pa. area described as follows: Interested parties were given 45 days [FR. Doc. 65-6387; Filed, June 17, .1965; after publication in which to submit 8:45 a.m. ] E vansville, I n d . written data or views. No objections to That airspace extending upward from 700 the proposed regulations have been feet above the surface within a 7-mile radius received. [A irspace D ocket No. 6 4 -E A -ll] of the center of Dress Memorial Airport, In view of the foregoing, the proposed EvansviUe, Ind., 38*02*13" N., 87*31*58" W. PART 71— DESIGNATION OF FEDERAL and within 2 miles each side of the Evans­ regulations are hereby adopted effective AIRWAYS, CONTROLLED AIRSPACE, 0001 e.s.t., August 19, 1965. ville VOR 060° radial extending easterly from AND REPORTING POINTS the 7-mile radius area to the VOR and within 1®*°- 007(a), Federal Aviation Act of 1958 8 miles NW and 5 miles SE of the ILS lo­ (72 Stat. 749; 49 U.S.C. 1348)) Revocation of Control Area Extensions calizer NE course extending northeasterly and Transition Área; Alteration of from the OM for 12 miles. ift«sued in Jamaica, N.Y. on May 26, That airspace extending upward from 1,200 1965. Control Zone; Designation of Con­ feet above the surface bounded by a line Wayne Hendershot, trol Zone and Transition Areas beginning at 38°57'00" N., 86°30'00' W. to Acting Director, Eastern Region. 37°26'00" N., 86°30'00" W. to 37°17'50" N., On pages 1257 and 1258 of the F ederal 87° 18*00" W. to 37*12*50" N., 87*39*30" W. Amend § 71.171 of Part 71 so as to R egister for February 5, 1965, the Fed­ to 37*30*00" N., 88°30'00" W. to 38*39*00" esignate a Hazleton, Pa., control zone eral Aviation Agency published proposed N., 88*30*00" W. to 38°39'00" N., 88*00*00" described as follows: regulations which would revoke the W. to 38*57*00" N., 88“00'00" W. to point of beginning, excluding the portion which co­ Hazleton, P a . Evansville, Ind., and Owensboro, Ky., control area extensions, and the Sams- incides with the Harrisburg, 111., transition 40"kq^ Î m a 0-mile radius of the center, ville, HI., transition area; revoke the area. Don- tt 75°59'38" W. of Hazleton Air- Evansville control zone extension; desig­ of ti,r^ le^011' Ra,: within 2 miles each side 6. Amend § 71.181 of Part 71 by desig­ extimrffHaZÎeton VOR 263° and 083° radiais nate a part-time control zone for Owens- nating a Henderson, Ky., transition area miio n r ^ irona the 5-mile radius zone to 6 boro-Daviess County Airport, Owensboro, described as follows: sid 8 «5 VOR and within 2 miles each Ky., designate a 700-foot transition area H e n d er so n , K v. tt„„. , 076° and 276° bearings from the over Dress Memorial Airport, Evansville, rarUno n extending from the 5-mile Ind.; Henderson Airport, Henderson, That airspace extending upward from 700 contri20116 t0 6 miles E of the RBN. This Ky.; Owensboro -Daviess County Airport; feet above the surface within a 5-mile radius oi zone is effective from 0700-2000 hours Madisonville Airport, Madisonville, Ky.; of the center 37*47*30" N., 87*40*50" W., of 7878 RULES AND REGULATIONS

Henderson Airport, Henderson, Ky., within town VOR 214° radial extending from the the proposed regulations have been 2 miles each side of the Evansville VOR 152° 5-mile radius to 6 miles SW of the VOR. radial extending from the 5-mile radius to received. the VOR, said area effective sunrise to sun­ 2. Amend § 71.181 of Part 71 of the In view of the foregoing, the proposed set daily, excluding the portion which co­ Federal Aviation Regulations so as to regulations are hereby adopted effective incides with the Evansville 700-foot transi­ designate a 700- and 1,200-foot Water- 0001 e.s.t., July 22, 1965, except as tio n area. town, N.Y., transition area described as follows: 7. Amend § 71.181 of Part 71 by desig­ follows: 1. In Item 3 delete the text material nating a Madisonville, Ky., transition W atertow n, N.Y. and insert in lieu thereof new text area described as follows: That airspace extending upward from 700 material. feet above the surface within a 7-mile radius 2. In Item 8 delete all the material M adisonville, K y . of the center, 43°59'20" N., 76s01'20'' W. of therein and insert in lieu thereof new That airspace extending upward from 700 Watertown Municipal Airport, Watertown, material. feet above the surface within a 5-mile radius N.Y., and within 2 miles each side of the Watertown, N.Y., VOR 214° radial extending (Sec. 307(a), Federal Aviation Act of 1958 of the center 37°21'17" N., 87°24'02" W. of (72 S ta t. 749; 49 T7.S.C. 1348)) Madisonville Airport, Madisonville, Ky., and from the 7-mile radius to 8 miles SW of the within 2 miles each side of the Central City VOR. Issued in Jamaica, N.Y., on May 18 VOR 256* radial extending from the 5-mile That airspace extending upward from 1,200 1965. feet above the surface within the area radius area to the VOR, said area effective W a y n e H endershot, from sunrise to sunset dally. bounded by a line beginning at: 44°16'00" N., 75°40'00" W. to 44s16'00" N., 76s10'00" Acting Director, Eastern Region. 8. Amend § 71.181 of Part 71 by desig­ W. to 43°52'00" N., 76p21'00" W. to 43s32'00'!' 1. Amend § 71.165 of Part 71 of the nating an Owensboro, Ky., transition N., 76°23'00'' W. to 43°44W ' N., 75°49'00" Federal Aviation Regulations by delet­ area described as follows: W. to 43°52'00" N., 75°54'00" W. to point of b eg in n in g . ing the Philipsburg, Pa., control area O w ensboro, K y . extension. [PH. Doc. 65-6389; Piled, June 17, 1965; 2. Amend § 71.171 of Part 71 of the That airspace extending upward from 700 8:45 a m .] feet above the surface within a 7-mile radius Federal Aviation Regulations by delet­ of the center 37°44’32" N., 87°09'57" W. of ing the description of the Wilkes-Barre, the Owensboro-Daviees County Airport, [A irspace D ocket No. 64-EA -26] Pa., control zone and inserting in lieu Owensboro, Ky., and within 5 miles NW and thereof: 8 miles SE of the Owensboro VOR 222 s radial PART 71— DESIGNATION OF FEDERAL W ithin a 5-mile radius of the center 41'- extending southwesterly from the VOR for AIRWAYS, CONTROLLED AIRSPACE, 12 miles and within 5 miles W and 8 miles E 2 0 '1 7 " N., 75°43'28" W .’ of Wilkes-Barre- of the Owensboro VOR 184° radial extending AND REPORTING POINTS Scranton Airport, Wilkes-Barre, Pa., and southerly from the VOR for 12 miles. within 2 miles each side of the airport ILS Revocation of Control Area Extension localizer SW course extending SW from the 9. Amend § 71.181 of Part 71 by delet­ and Transition Areas; Alteration of 5-mUe radius zone for 2 miles SW of the 0M. ing the Samsville, HI., transition area. Control Zones; Designation and Al­ 3. Amend § 71.171 of Part 71 of the [P.R. Doc. 65-6388; Piled, June 17, 1965; teration of Transition Areas Federal Aviation Regulations by delet­ 8:45 a.m .] ing the description of the Williamsport, On pages 1120, 1121, and 1122 of the Pa., control zone and inserting in lieu F ederal R e g is t e r for February 3, 1965, thereof the following: [Airspace Docket No. 65-EA-18] the Federal Aviation Agency published W ithin a 5-mile radius of the center, 41'- PART 71 — DESIGNATION OF FEDERAL proposed regulations which would revoke 14'30" N., 76s55,20'' W., of Williamsport-Ly- AIRWAYS, CONTROLLED AIRSPACE, the Philipsburg, Pa., control area exten­ coming County Airport, Williamsport, Pa.; sion, the Slate Run, Pa., Stonyfork, Pa., w ith in 2 m iles each side of th e Williamsport AND REPORTING POINTS Williamsport, Pa., transition areas, and ILS localizer E course extending from the Alteration of Control Zone and Desig­ alter the control zones of Philipsburg, 5-mile radius zone to the Picture Rocks RBN; within 2 miles each side of the center- nation of Transition Areas Pa., Wilkes-Barre, Pa., and Williamsport, Pa. They would also designate a 700- line of Runway 12 extended from the 5-mile radius zone to 6 miles SE of the end of the F ederal R e g is t e r On page 3713 of the foot transition area over Mid-State Air­ runway; within 2 miles each, side of the for March 20,1965, the Federal Aviation port, Philipsburg, Pa., University Park centerline of Runway 27 extended from the Agency published proposed regulations Airport, State College, Pa., Williamsport- 5-m ile ra d iu s zone to 10.5 m iles W of the which would alter the Watertown, N.Y., Lycoming County Airport, Williamsport, end of the runway; within 2 miles each side v control zone, designate a 700-foot transi­ Pa., Wilkes-Barre-Scranton Airport, o f th e cen terlin e of R unw ay 30 extended tion area over Watertown Municipal Air­ Wilkes-Barre, Pa., Hazleton Airport, from the 5-mile radius zone to 7 miles NW port, Watertown, N.Y., and establish a Hazleton, Pa., and Mount Pocono Air­ of the end of the runway; and within 2 miles each side of the centerline of Runway 33 ex­ 1,200-foot Watertown, N.Y., transition port, Mount Pocono, Pa. A 1,200-foot tended from the 5-mile radius zone to 5.5 area. Wilkes-Barre, Pa., transition area would miles NW of the end of the runyvay. Interested parties were given 45 days also be designated. after publication in which to submit Since the proposed regulations were 4. Amend § 71.171 of Part 71 of the written data or views. No objections to promulgated, it has been determined that Federal Aviation Regulations by deleting the proposed regulations have been the Agency will decommission the Wil­ the description of the Philipsburg, Pa., received. liamsport ^ LFR and Hughesville RBN control zone and inserting in lieu thereof In view of the foregoing, the proposed with cancellation of the associated the following: regulations are hereby adopted effective instrument approach procedures. 0001 e.s.t., August 19,1965. It was noted after promulgation of W ithin a 5-mile radius of the center 40°- 53'05" N„ 78°05'15" W. of M id-State Airport, (Sec. 307(a), Federal Aviation Act of 1958 the notice that the effect of revoking Philipsburg, Pa., within 2 m iles each side of (72 Stat. 749; 49 U.S.C. 1348)) the Williamsport transition area and establishing such an area over the the Philipsburg VOR 247° radial extending Issued in Jamaica, N.Y., on May 26, Williamsport-Lycoming County Airport, from the 5-mile radius zone to the VOR, 1965. within 2 miles each side of th e 162° bearing Williamsport, Pa., actually resulted in from the Philipsburg RBN extending fro® W a y n e H e n d e r s h o t , an alteration to the transition area. Acting Director, Eastern Region. the 5-mile radius zone to th e RBN an However, this result requires a rewording w ith in 2 miles each side of th e 333° bearing 1. Amend § 71.171 of Part 71 of theof Item 8 of the notice. from the Philipsburg VHF/DF station ex­ Federal Aviation Regulations so as to These changes to the proposed regula­ tending from the 5-mile radius zone delete the description of the Watertown, tions are less restrictive in nature and liles NW of the station. N.Y., control zone and insert in lieu therefore the public interest does not thereof: require the 30-day notice for these 5. Amend § 71.181 of Part 71 of changes. , federal Aviation Regulations by o That airspaoe within a 5-mile radius of the center, 43°59'20" N., 76°01'20" W. of W ater- Interested parties were given 45 days ating a Wilkes-Barre, Pa., 700- town Municipal Airport, Watertown, N.Y., after publication in which to submit ,200-foot transition area described » and within 2 miles each side of the Water­ written data or views. No objection to Friday, June 18, 1965 FEDERAL REGISTER 7879

Wil k e s-B arre, P a . 067° radial extending from the 10-mile radius Federal Aviation Agency published pro­ area to 8 miles NE of the VOR; w ithin 2 mUes posed regulations which would revoke the That airspace extending upward from 700 each side of the 342° bearing from the Toledo, Ohio, control area extension; fwt above th e surface within a 12-mile radius Philipsburg RBN extending from the 10-mile of the center 41*20'17" N.. 75 *43'28" W. of radius area to 8 miles NW of the RBN, designate a 700-foot transition area over Wilkes-Barre-Scranton A ir p o r t, W ilkes- Toledo Express Airport, Toledo, Ohio; Barre Pa., w ith in 2 m iles each side o f th e 10. Amend § 71.181 of Part 71 of theProgess Field, Fremont, Ohio; Bryan- airport ILS localizer SW course extending Federal Aviation Regulations by desig­ Defiance Memorial Airport, Defiance, from the 12-mile radius area for 7 miles. nating a 700-foot State College, Pa., tran­ Ohio, and a part-time 700-foot transition That airspace extending upward from 1,200 sition area described as follows: area over Toledo Municipal Airport, feet above th e su rface b o u n d e d by a lin e beeinning at 41°28'SQ" N., 75°29'06" W. to S tate College, P a . Toledo, Ohio; and University Airport, 42°00'00" N., 75°26'30" W . to 42°00'00" N., Bowling Green, Ohio; designate a 1,200- That airspace extending upward from 700 foot transition area for the Toledo, Ohio, 75°00'00" W. to 41°31'00" N., 7 5°07'00" W. feet above the surface within a 5-mile radius to40°56'16" N., 75°11'04" W. to 41°00'00" N., of the center, 40°51'35" N., 77°50'59" W., of terminal complex and alter the Toledo, 75°15'00" W. to 41°00'00" N., 75°45'00" W. University Park Airport, State College, Pa., Ohio, control zone. to 40“55'20" N., 76°43'00" W. to 40°48'20" excluding that portion which coincides with Interested parties were given 45 days N 76 d0°53'05" N., 78°06'15" 82°57'00" W., 41°11'00" N., 83°19'00" W- to in 2 ■ AirP°rt- Philipsburg, Pa., wi On pages 1123 and 1124 of the F ed ­ 41°18'00" N., 84°07'00" W. to 41°00'00" N., «mes each side of the Philipsburg V era l R e g is t e r for February 3, 1965, the 84°02'15" W. to 41°00'00" N., 84°40'00" W. to No. H 7------o 7880 RULES AND REGULATIONS

41°21,'00" N., 84°40'00" W. to 41°32'00" N., thereof the name "Corbin-London Me­ 1. Amend § 71.171 of Part 71 of the 84*31*00" W. to point of beginning. morial Airport*” Federal Aviation Regulations by deleting 4. Amend § 71.181 of Part 71 of the (Sec. 307(a), Federal Aviation Act 1958 (72 the description of the Roanoke, Va., con­ Federal Aviation Regulations by desig­ Stat. 749; 49 U .S.0.1348)) trol zone and inserting in lieu thereof nating a part time Waterville, Ohio, 700- Issued in Jamaica, N.Y., on April 28, the following : foot transition area described as follows: 1965. R oano k e, V a . W aterville, O h io W a y n e H e n d e r s h o t , Within a 5-mile radius of the center That airspace extending upward from 700 Acting Director, Eastern Region, 37*19'30" N., 79°58'35" W., of Roanoke Mu­ feet above the surface within a 5-mile radius nicipal (Woodrum) Airport,-Roanoke, Va.; of the center of Toledo Municipal Airport, X Amend § 71.171 of Part 71 of the W ithin 2 m iles each side of th e Woodrum Toledo, Ohio, 41°38'50" N., 83°28'50" W.; Federal Aviation Regulations by deleting VOR 122* radial extending SE from the 5- within a 4-mile radius of the center of Uni­ the description of the London, Ky., con­ mlle radius zone for 3 miles; within 2 miles versity Airport, Bowling Green, Ohio, 41° 23'- trol zone and inserting in lieu thereof each side of th e W oodnim VOR 166° radial 17" N., 83°38'02" W.; within 2 miles each the following: extending S from the 5-mile radius zone side of the Waterville VOR 047° radial ex­ for 2 miles; within 2 miles each side of the tending the 5-mile radius area to the VOR; Within a 5-mile radius of the center Woodrum VOR 246° radial extending SW and within 2 miles each side of the Waterville 37°05'20" N., 84°04'27" W. of Corbin-London from the 5-mile radius zone to 2 miles. VOR 356° radial extending from the 4-mile Memorial Airport, London, Ky., and within 2 radius area to the VOR, excluding that area miles each side of the London VOR 205° 2. Amend § 71.181 of Part 71 of the that coincides with the Toledo* Ohio, transi­ radial extending SW from the 5-mile radius Federal Aviation Regulations so as to tion area. The transition area shall be in Zone for 5 miles. effect fro m su n rise to s u n s e t. designate a 700- and 1,200-foot Roanoke, 2. Amend § 71.181 of Part 71 of theVa., transition area described as follows: 5. Amend § 71.181 of Part 71 of the Federal Aviation Regulations by desig­ Federal Aviation Regulations by desig­ nating a 700- and 1,200-foot London, R o a no k e, V a. nating a Fremont, Ohio, 700-foot transi­ Ky., transition area described as follows: That airspace extending upward from 700 tion area described as follows: Lo n d o n , K y . fe e t above th e su rface w ith in a 7-mile radius F rem o n t, O h io of the center 37° 19'30" N., 79°58'35" W., of That airspace extending upward from 700 Roanoke Municipal (Woodrum) Airport; That airspace extending upward from 700 feet above the Surface within Sin 8-mile within 2 miles each side of the Woodrum feet above the surface within a 4-mile radius radius of the center 37°05'20" N., 84°04'27" VÓR 166° radial extending from the 7-mile of the center of Progress Field, Fremont, Ohio, W. of Corbin-London Memorial Airport, Lon­ radius area to the Red Hill Fan Marker; 41°19'59" N., 83°09'46" W. and within 2 don, Ky., and within 2 miles each side of the within 2 miles each side of the Woodrum miles each side of the Fremont radio beacon London VOR 205° radial extending from the VOR 246° radial extending from the 7-mile 198° bearing extending from the 4-mile ra­ 8-mile radius area to 8 miles SW of the VOR. radius area for 16.6 miles SW of the VOR; dius area for 4 miles. That airspace extending upward from 1200 w ith in 5 m iles SW a n d 8 m iles NE of the feet above the surface bounded by a line Woodrun VOR 122° radial extending SE from 6. Amend §71.181 of Part 71 of the beginning at 36°50'00" N., 84°18’00" W. to the 7-mile radius for 20 miles from thè VOR. Federal Aviation Regulations by desig­ 37°13W ' N., 84°18'O0" W. to 37°13'00" N., That airspace extending upward from nating a Defiance, Ohio, 700-foot transi­ 83*52'00" W. to 36°50'0Q" N., 83 *52'00" W. 1,200 feet above the surface bounded by a tion area described as follows: to the point of beginning. line beginning at 38°14*00" N., 80°35'00" W.. to 38°20'00" N., 80°15'00" W., to 38°10'00" D efia n c e, O h io [F.R. Doc. 65-6393; Filed, June 17, 1965; 8 :46 a m .] N., 79°30'00" W., to 37°00'00" N., 79°30'00" That airspace extending, upward from 700 W., to 37°00'00" N., 80°25'20" W„ thence via feet above the surface within, a 4-mile radius a 15 NM arc centered at Pulaski VOR (37° of the center of Bryan-Deftance Memorial [Airspace Docket No. 64-EA-64] 05'15" N., 80°42'47" W.) to 37°20'00" N., Airport, Defiance, Ohio, 41°20'30" N., 84°25'- 80°49'00" W., to the point of beginning. 80" W. and within 2 miles each side of the PART 71— DESIGNATION OF FEDERAL Defiance RBN 299° bearing extending NW AIRWAYS, CONTROLLED AIRSPACE, 3. Amend § 71.181 of Part 71 of the from the 4-mile radius area for 4 miles. Federal Aviation Regulations so as to AND REPORTING POINTS '[F.R. Doc. 65-6392; Filed, June 17, 1965; designate a 790-foot White Sulphur 8:46 a.m .] Alteration of Control Zone and Desig­ Springs, W. Va., transition area de­ nation of Transition Areas scribed as follows : [Airspace Docket No. 64-EA-59] On page 1125 of the F ederal R e g is t e r W h it e S u l p h u r S prings, W. Va. for February 3, 1965, the Federal Avia­ That airspace extending upward from 700 PART 71 -—DESIGNATION OF FEDERAL tion Agency published proposed regula­ feet above the surface w ith in an ll-W P AIRWAYS, CONTROLLED AIRSPACE, tions which would alter the Roanoke, radius of the center 87°47'00" N., 80°20'00 AND REPORTING POINTS Va., control zone, designate a 700-foot W., of Greenbrier Airport, W hite Sulphur transition area over Roanoke Municipal Springs, W. Va.; within 2 m iles each side oi (Woodrum) Airport, Roanoke, Va.; In­ the White Sulphur Springs VOR 043° radial Alteration of Control Zone and Desig­ extending from the 11-m ile radius area to nation of Transition Areas galls Field, Hot Springs, Va., and Green­ 15 A miles NE of the VOR; and within 2 mura brier Airport, White Sulphur Springs, each side of the White Sulphur Springs v w On page 1124 of the F ederal R e g is t e r W. Va.; designate a 1200-foot Roanoke, 154° radial extending from the 11-mlle r for February 3,1965, the Federal Aviation Va., transition area. dius area to 12,5 miles SE of th e VOR. Agency published proposed regulations Interested parties were given 45 days transition area shall be in effect from sunr which would alter the London, Ky., con­ after publication of the proposed regu­ to su n se t. trol zone, designate a 700-foot transition lations in which to submit written data 4. Amend § 71.181 of Part 71 of the area over the London Airport (since re- or views. No objections to the proposed . pamed Corbin-London Memorial Air­ regulations were received. Federal Aviation Regulations so as port) , London, Ky. and a 1,200-foot tran­ In view of the foregoing the proposed designate a 700-foot Hot Springs, | sition area for the London, Ky. terminal regulations are hereby adopted effective transition area described as follows. . area. - . 0001 e.s.t., July 22, 1965, except as H ot S prings, Va. Interested parties were given 45 days follows: in which to submit written views or data. 1. In Item 1 delete the reference to That airspace extending upward “SSE" and insert in lieu thereof “S”. feet above the surface within a 6-m ® of No objection to the proposed regulations of the center 37°57'00" N., 79 49 00 were received. (Sec. 307(a), Federal Aviation Act of 1958 [ngalls Field, Hot sP ^ su Y ^ S g s RBN In view of the foregoing the proposed (72 Stat. 749; 49 U.S.C. 1348)) 2 miles each side of the Hot_ Sp g regulations are hereby adopted effective )56° bearing extending from the - Issued in Jamaica, N.Y., on April 28, dius area to 8 miles NE of the 0001 e.s.t. July 22,1965, except as follows: 1965. 1. In items 1 and 2 delete reference to W a y n e H e n d e r s h o t , [F.R. Doc. 65-6394; Filed, June 17, 196 ’ the "London Airport" and insert in lieu Acting Director, Eastern Region, Friday, June 18, 1965 FEDERAL REGISTER 7881

[ Airspace Docket No. 64-EA-65] [Airspace Docket No, 84-EA-68] VOR to 28 miles E of the VOR, excluding those portions that coincide with the White PART 71— DESIGNATION OF FEDERAL PART 71— DESIGNATION OF FEDERAL Plains, N.Y., transition area. AIRWAYS, CONTROLLED AIRSPACE, That airspace extending upward from 1,200 airw ays, c o n tr o lled a ir s p a c e , feet above the surface bounded by a line and r epo r tin g po in ts AND REPORTING POINTS beginning at 41“31'00" N., 73°30'00" W. to 41’31'00" N., 73“20'00" W. to 41*49'00" N.. Alteration of Control Zone and Desig­ Alteration of Control Zone and Desig­ 73“16'00" W. to 41*31'00" N., 72“46'00" W. to nation of Transition Areas nation of Transition Areas 41“18'00" N., 72“30'30" W. to 41“00'00" N., 72“45'00” W. to 41°00'00" N., 73*33'00” W. On pages 1125 and 1126 of the F ederal On pages 2106 and 2107 of the F ederal to 41“10'00" N., 73“33'00" W. to 41“20'00" Register for February 3, 1965, the Fed­ R egister for February 16, 1965, the Fed­ N., 73°23'00" W. to 41“25'00" N., 73"80'00” eral Aviation Agency published proposed eral Aviation Agency published proposed W. to point of beginning. regulations which would alter the Lynch­ regulations which would alter the [P.R. Doc. 65-6396; Piled, June 17, 1965; burg, Va., control zone, designate a 700- Bridgeport, Conn., control zone (29 F.R. 8:46 a.m .] foot transition area over the Lynchburg- 1107) and designate a 700-foot transition Preston Glenn Airport, Lynchburg Va., area over Bridgeport Municipal Airport, and a 1200-foot Lynchburg, Va., transi­ Bridgeport, Conn., and Tweed-New [Airspace Docket No. 64—EA—70] tion area. Haven Airport, New Haven, Conn., and a PART 71— designation o f fed er a l Interested parties were given 45 days 1200-foot transition area for the Bridge­ AIRWAYS, CONTROLLED AIRSPACE port, Conn., terminal area. after publication of the proposed regula­ AND REPORTING POINTS tions in which to submit written data or Interested parties were given 45 days views. No objections to the proposed after publication in which to submit writ­ Alteration of Control Zones, Designa­ regulations were received. ten data or views. No objections to the tion of Transition Areas, and Revo­ m view of the foregoing the proposed proposed regulations have been received. In view of the foregoing, the proposed cation of Control Area Extension regulations are hereby adopted effective and Transition Area 0001 e-s.t. July 22, 1965. regulations are hereby adopted effective 0001 e.s.t. July 22,1965. On pages 3713 and 3714 of the F ederal (Sec. 307(a), Federal Aviation Agency Act of 1958 (72 S tat. 749; 40 U S .C . 1348)) (Sec. 307(a), Federal Aviation Act of 1958 R egister for March 20,1965, the Federal (72 Stat. 749; 49 U.S.C. 13«)) Aviation Agency published proposed reg­ Issued in Jamaica, N. Y., on April 28, Issued in Jamaica, N.Y., on May 11, ulations which would alter the Johns­ 1965. town, Pa., and Martinsburg, Pa., control 1965. zones; designate 700-foot transition areas W ayne H endershot, . Wayne Hendershot, Acting Director, Eastern Region. over the Johnstown-Cambria County Air­ Acting Director, Eastern Region. port, Johnstown, Pa., Blair County Air­ 1. Amend § 71.171 of Part 71 of the 1. Amend § 71.171 of Part 71 of the port, Martinsburg, Pa., Indiana County Federal Aviation Regulations by deleting Federal Aviation Regulations by delet­ Jimmy Stewart Field, Indiana, Pa., the description of the Lynchburg, Va., ing the description of the Bridgeport, Westmoreland-Latrobe Airport, Latrobe, control zone and substituting in lieu Conn., control zone and inserting in lieu Pa., and Cumberland Municipal Airport, thereof the following; thereof the following i Cumberland, Md.; designate a 1,200-foot Within a 5-mile radius of the center 37 W ithin a 5-mile radius of the center 41 °- Johnstown, Pa., transition area; revoke 19'40" N., 79*12'05" W „ of L y n ch b u rg - 09'41” N., 73“07'35" W., of Bridgeport Mu­ the Altoona, Pa., control area extension Preston Glenn Airport, Lynchburg, Va., ex­ nicipal Airport, Bridgeport, Conn.; within 2 and St. Thomas, Pa., transition area. cluding the airspace w ithin 1-mile radius of miles each side of the Bridgeport VOR 036“ Interested parties were given 45 days the center 37”22W ' N., 79’07'00” W., of and 229° radials, extending from the 5-mile after publication in which to submit Falwell Airport, L ynchburg, Va., a n d w ith in radius zone to 7 miles NE and 7 miles SW of written data or views. No objections to 2 miles each side of th e ttji localizer SW th e VOR. the proposed regulations have been course extending SW fro m th e 5 -m ile ra d iu s zone for 1 mile. 2. Amend § 71.181 of Part 71 of the received. Federal Aviation Regulations by des­ In view of the foregoing, the proposed 2. Amend § 71.181 of Part 71 of the ignating a 700- and 1,200-foot Bridge­ regulations are hereby adopted effective Federal Aviation Regulations by desig­ port, Conn., transition area described as 0001 e.s.t., August 19, 1965, except as nating a Lynchburg, Va., 700- and 1,200- follows: follows: foot transition area described as follows: 1. Under Item 2 at the end of the text B ridgeport, Co n n . material, add the phrase “and during L ynchburg, V a. That airspace extending upward from 700 specific dates and times established in That airspace extending upward from 700 feet above the surface within a 7-mile radius advance by a Notice to Airmen.“ feet above the surface within an 8-mile of the center 41“09'41" N., 73*07'35" W., of 2. In Item 8 of the text material, line radius of the center 37“19'40" N., 79°12'05" the Bridgeport Municipal Airport, Bridge­ 6, delete the figures “093*“ and insert in W., of Lynchburg-Preeton Glenn Airport, port, Conn.; within 2 miles each side of the lieu thereof the figures “091 Lynchburg, Va.; within 2 miles each side of Bridgeport VOR 229“ radial extending SW the airport US localizer SW course extend­ from the 7-mile radius area for 1 mile; (Sec. 307(a), Federal Aviation Act of 1956 ing from the 8-m ile ra d iu s a rea to th e E ving- w ith in a 7 -m ile ra d iu s o f th e c e n te r 41 “ 15'51" (72 Stat. 749; 49 U.S.C. 13«)) ton RBN; within 2 miles each side of the N., 72“53'11" W„ of Tweed-New Haven Air­ Lynchburg VORTAC 201° radiad extending port, New Haven, Conn.; within 5 m iles W Issued in Jamaica, N.Y., on May 26, irom the 8-mile radius area to 8 miles SW of and 8 miles E of the New Haven VOR 192° 1965. the VORTAC, within 2 miles each side of the radial extending from the New Haven VOR Wayne H endershot, Lynchburg VORTAC 076° radial extending for 12 miles; within 5 mUes E and 5 miles Acting Director, Eastern Region. ♦ÏP^^e 8-mile radius area to 11 miles E of W of the Hartford, Conn., VOR 223“ radial the VORTAC. extending NE from the Bridgeport 7-mile 1. Amend § 71.165 of Part 71 of the .That Airspace extending upward from 1,200 radius area for 24 miles; within 5 miles E Federal Aviation Regulations so as to t above the surface bounded by a line and 5 miles W of the Poughkeepsie, N.Y., delete the Altoona, Pa., control area at 37°40'00" N., 79°30'00" W„ to VOR 149“ radial extending NW freon the extension. ' N-. 78*14'30" W„ to 87°00'00” N., Bridgeport 7-mile radius area for 11 miles, 2. Amend 9 71.171 of Part 71 of the tP «? 00 , W > t0 37°00'00” N., 79”3 0 '0 0 " W., within 5 miles N and 5 miles S of the Carmel, Federal Aviation Regulations so as to 10 016 Point of beginning. N.Y., VOR 065“ radial extending from the Carmel VOR to 17 miles NE of the VOR; delete the description of the Johnstown, [FR. Doc. 65-6395; Piled, June 17, 1965; within 5 miles N and 5 miles S of the Carmel Pa., control zone and insert in lieu 8:46 a.m .] VOR 093“ radial extending from the Carmel thereof: 7882 RULES AND REGULATIONS

Within a 5-mile radius of the center, Cum berla nd, M d. Green-Warren County Airport, Bowling 40.°18'55" N., 78°60'Q0" W., of Johnstown- That airspace extending upward from 700 Green, Ky.; and. within 2 miles each side of Cambria County Airport, Johnstown, Pa.; the Bowling Green VOR 206° radial extend­ within 2 miles each side of the Johnstown feet above the surface within a 7-mile radius of the center, 39°86'66" N., 78°45'61" W. of ing from the 4-mile radius zone to 6 5 miles VOR 044° radial extending from the 5-inlle SW o f th e VOR. radius zone to 7 miles NE of the Johnstown Cumberland Municipal Airport, Cumberland, VOR; within 2 miles each side of the Johns­ Md., and within 6 miles E and 6 miles W 3. Amend § 71.171 of Part 71 of the town VOR. 215° radial extending from the of the Cumberland RBN 019° bearing, ex­ Federal Aviation Regulations by deleting 5-mile radius zone to 7 miles SW of the tending from the 7-mile radius area to 11 miles N of the RBN. the description of the Paducah, Ky„ con­ Johnstown VOR; within 2 miles each side trol zone and inserting in lieu thereof of the Johnstown VOR 320° radial extend­ 8. Amend § 71.181 of Part 71, of the the following: ing from the 5-mile radius zone to 6 miles Federal Aviation Regulations so as to NW of the Johnstown VOR effective from Within a 4-mile radius of the center 0700 to 2100 hours, e.s.t.; daily and during designate a 700-foot Indiana, Pa., transi­ 37°03'40" N., 88°46'2Q" W. of Barkley Field, specific 'dates and times established in ad­ tion area described as follows : Paducah, Ky.; and within 2 miles each side vance by a Notice to Airmen. I n d ia n a , P a. of the Paducah VOR 225° and 045° radials extending from the 4-mile radius zone to 3 3. Amend § 71.171 of Part 71 of the That airspace extending upward from 700 miles SW of the VOR. Federal Aviation Regulations so as to feet above the surface within a 6-mile radius delete the description of the Martins- of the center, 40°37'57" N., 79°06'18" W. of 4. Amend § 71.181 ’of Part 71 of the ‘burg, Pa., control zone and insert in lieu Indiana County Jimmy Stewart Airport, In­ Federal Aviation Regulations so as to ' thereof: , .. ., ’ , ..* /V diana, Pa., and within 2 miles each Side of designate a 700- and 1,200-foot Bowling the 091° bearing from the Indiana RBN ex­ Green, Ky., transition area described as W ithin a 5-mile radius of the center, 40°- tending from the 6-mile radius area to 7 17'50" N., 78°19'10" W., of Blair County Air­ miles E of the RBN. follows: port, Martinsburg, Pa. B o w ling G reen, K y . 9. Amend § 71.181 of Part 71 of the 4. Amend § 71.181 of Part 71 of the Federal Aviation Regulations so as to That airspace extending upward from 700 Federal Aviation Regulations so as to delete the St. Thomas, Pa., transition feet above the surface within a 6-mile radius designate a 700- and 1,200-foot Johns­ area. of the center 36°57'55" N., 86°25'10" W. of town, Pa., transition area described as the Bowling Green-Warren County Airport, follows: [,F.R. Doc. 65-6397; Piled, June 17, 1965; Bowling Green, Ky.; w ithin 2 miles each side 8;46 a.m .J of the Bowling Green VOR 206° radial ex­ J o h n s t o w n , P a. tending from the 6-mile radius area to 8 That airspace extending upward from 700 miles SW of the VOR. feet above the surface within a 7-mile radius [Airspace Docket No. 64-EA-73] . T hat airspace extending upward from 1,200 of the center, 40°18'55" N., 78°50'00" W. of feet abbve the surface bounded by a line be­ Johnstown-Canibria County Airport, Johns­ pa rt 71— designation o f f e d e r a l ginning at the western boundary of V-7 at town, Pa.; within 2 miles each side of the AIRWAYS, CONTROLLED AIRSPACE, 37°0r00" N. to 37°03'15" N„ 87°00'00'' W. Johnstown VOR 320° radial extending from AND REPORTING POINTS to S7°04'00" N., 86®18'25" W. to 36°45'30" the 7-mile radius area to 8 miles NW of the N., 86°18'25" W. to the intersection of VOR; within 2 miles each side of the Johns­ Alteration of Control Zones, Designa­ 86°36'00" W. and a 36-mile arc centered at town VOR 044° radial extending from the Nashville Metropolitan Airport, Nashville, 7-mile radius area to 8 miles NE of the VOR; tion of Transition Areas, and Revo­ Tenn., thence counterclockwise along the arc and within 6 miles NW and 8 miles SE of the cation of Control Area Extensions to the western boundary of V-7, to the point Johnstown 215* radial extending from the of beginning. On pages 2107 and 2108 of the F ederal VQR to 12 miles SW of the VOR. 5. Amend § 71.181 of Part 71 of the That airspace extending upward from 1,200 R egister for February 1 6 ,1965, the Fed­ feet above the surface bounded by a line be­ eral Aviation Agency published proposed Federal Aviation Regulations so as to ginning at 40°33 W ' N., 79°32'00" W., to 40°- regulations which would alter the Bowl­ designate a 700- and 1,200-foot Paducah, 55'00" N., 78°38',00" W. to 40°55'0Q"N., 78°- ing Green, Ky., and Paducah, Ky., con­ Ky., transition area described as follows: 28'00" W. to 40°44’06" N., 78°19'53" W. to trol zones, designate a 700-foot transi­ P aducah, K y . 40°36'00" R.,- 77°65’00" W. to 40°10'00 N., tion area over Bowling Green-Warren That airspace extending upward from 700 77°55'00" W. to 40°10’0b". N;, 77°37'00" W. County Airport, Bowling Green, Ky„ and to 39 o50'60" N.| 77°22'00" W. to 39°50'00" feet above the surface within a 6-mile radius N., 77°47'00" W. to 39°30'00" N., 78°30'00" Barkley Field, Paducah, Ky.; revoke the of the center 37°,03'40" N., 88°46'20" W. of W. to 39°30'00" N., 78°58'00" W. to 39°25'- control area extensions of Bowling Barkley Field, Paducah, Ky.; within 2 miles 00" N., 78°58'00" W. to 39625'00" N., 79°20'- Green, Ky., and Paducah, Ky., Twelve- each side of the Paducah VOR 225° ra4W 00" W. to 40°02'00" N., 79°51'30" W. thence hundred foot Bowling Green and Pa­ extending from the 6-mile radius area to 8 counterclockwise along a 37-mile arc of the ducah, Ky., transition areas will also be miles SW of the VOR. Imperial, Pa., VQR to the point of beginning. T hat airspace extending upward from 1,200 designated. feet above the surface bounded by a Hue be­ 5. Amend § 71.181 of Part 71 of the Interested parties were given 45 days ginning at 37#13'25" N.f 88°46'00" W- to Federal Aviation Regulations so as to after publication in which to submit 87°04'00" Ni, 88°32'00" W. to 36°44’50 designate a 700-foot Martinsburg, Pa., written data or views. No objections to 8 8°52'25" W. to 36°54'10" N., 89°06'10 «• transition area described as follows: the proposed regulations have been re­ to the point of beginning. ceived. M artinsburg, P a . • [F.R. Doc. 65-6398; Filed, June 17, l965, In view of the foregoing, the proposed 8:46 a.m.] That airspace extending upward from 700 regulations are hereby adopted effective feet above the surface within a 7-mile radius 0001 e.s.t., August 19, 1965. of the center, 40° 17'50" N., 78°19'10" W. of [Airspace Docket No. 64-EA-78] Blair County Airport, Martinsburg, Pa. (Sec. 307(a), Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) ) PART 71—-DESIGNATION OF FEDERAL 6. Amend § 71.181 of Part 71 of the AIRWAYS, CONTROLLED AIRSPACE, Federal Aviation Regulations so as to Issued in Jamaica, N. Y., on May 26, designate a 700-foot Latrobe, Pa.,’transi­ 1965. AND REPORTING POINTS tion area described as follows:1;1',' Wayne H endershot, Acting Director, Eastern Region. Alteration of Control Zone, L atrobe, P a. tion of Transition Areas, ana Rev0 That airspace extending upward from 700 1. Amend §71.165 of Part 71 of the cation of Control A re a Extension feet above the surface within a 5-mile radius Federal Aviation Regulations so as to of'the center, 40°16'35" N., 79°23'56" W. of revoke the Bowling Green and Paducah, •n page 2108 of the F ederal Re Westmoreland-Latrobe Airport, Latrobe, Pa., Ely., Control area extensions. February 16, 1965, the federal and Within 2 miles each side of the Latrobe 2. Amend § 71.171 of Part 71 of the l Agency published proposed r ^ . VOR 014° radial extending from the 5-mile Federal Aviation Regulations by deleting is which would alter the ’ radius area to 8 miles N of the VOR. the description of the Bowling Green, Va., control zone (29 F-R- ’ 7- Amend §71.181 of Part 71 of the Ky., control zone and inserting in lieu gnated a 700-foot transition area o Federal Aviation Regulations so as to thereof the following: ns-Randolph County A irp o rt, Eliun>. V7o ot-iH ravnlrp the ElklnS, W- •’ designate a 700-foot Cumberland, Md., Within a 4-mile radius of the center transition area described as follows: 36°57'55"' N., 86°25'10" W. of Bowling Friday, June 18, 1965 FEDERAL REGISTER 7883

A 1,200-foot Elkins, W. Va., transition Interested parties were given 45 days County Airport, Ithaca, N.Y., Broome area would also be designated. after publication of the proposed regula­ County Airport, Binghamton, N.Y., and Interested parties were given 45 days tions to submit written data or views. Wellsville Municipal Airport, Wellsville, after publication in which to submit No objections to the proposed regulations N.Y.; establish a 1,200-foot Elmira, N.Y., written data or views. No objections to were received. transition area. the proposed regulations have been re­ In view of the foregoing the proposed Interested parties were given 45 days ceived. ' „ regulations are hereby adopted effective after publication in which to submit In view of the foregoing, the proposed 0001 e.s.t. July 22,1965. written data or views. No objections to regulations are hereby adopted effective (Sec. 307(a), Federal Aviation Act 1958 (72 the proposed regulations have been re­ 0001 e.s.t., July 22, 1965. Stat. 749; 49 U.S.C. 1348)) ceived. In view of the foregoing, the proposed (Sec 307(a), Federal Aviation Act of 1958 Issued in Jamaica, N.Y., on April 28, regulations are hereby adopted effective (72 Stat. 749; 49 Ü.S.C. 1348) 1965. 0001 e.s.t., July 22, 1965, except as fol­ Issued in Jamaica, N.Y., on May 11, W ayne H endershot, lows: 1965. Acting Director, Eastern Region. 1. in Items 2 and 7 in the text material Wayne Hendershot, 1. Amend § 71.165 of Part 71 of the under lines 4 and 5, respectively, delete Acting Director, Eastern Region. Federal Aviation Regulations so as to the word “VORTAC” and insert in lieu 1. Amend § 71.165 of Part 71 of the revoke the Berlin, N.H., control area thereof “VOR”. Federal Aviation Regulations so as to re­ extension. 2. Under Item 4 in the text material, voke the Elkins, W. Va., control area 2. Amend § 71.181 of Part 71 of the line 14 delete the phrase “excluding the extension. Federal Aviation Regulations so as to area within a 1-mile radius of the Ithaca 2. Amend § 71.171 of Part 71 of the designate a 700- and 1,200-foot Berlin, Municipal Airport.” Federal Aviation Regulations so as to N.H., transition area described as 3. In Item 6 in the text material in line delete the description of the Elkins, follows: 9 after the words “ILS NE insert the W. Va., control zone and substitute in B e r l in , N.H . word ‘ localizer”. lieu thereof the following: (Sec. 307(a), Federal Aviation Act of 1958 That airspace extending upward from 700 (72 Stat. 749; 49 U.S.C. 1348)) El k in s , -W. V a . feet above the surface within a 7-mile radius Within a 5-mile radius of the center of the center 44°34'29" N., 71°10'35" W. of Issued in Jamaica, N.Y., on May 13, Berlin Airport, Berlin, NR.; and within 2 38°53'25" N., 79°51'25" W . of E lk in s- 1965. Randolph County A irport, E lkins, W. Va.; miles each side of the 334* bearing from Wayne Hendershot, and within 2 miles each side of a line hear­ the Berlin RBN extending from the 7-mile Acting Director, Eastern Region. ing 037° from the Elkins Radio Range ex­ radius area to 9 miles N of the RBN, tending from th e 5-m ile ra d iu s zone to 8 effective sunrise to sunset. 1. Amend § 71.165 of Part 71 of the miles NE of the range, effective sunrise to T hat airspace extending upward from 1,200 Federal Aviation Regulations by deleting sunset. feet above the surface beginning at 44°54'00" N* 71°10'00" W. to 44°31'00" N., 70#55'00" the Binghamton, N.Y., and Elmira, N.Y., 3. Amend § 71.181 of Part 71 of theW. to 44°29'00" N., 71#03'00” W. to 44°22'00" control area extensions. Federal Aviation Regulations so as to N., 71°02'00" W. to 44°13'00" N., 71*45'00" 2. Amend § 71.171 of Part 71 of the designate a 700- and 1,200-foot Elkins, W. to 44®25'00" N., 71°52'00" W. to 44*36'00" Federal Aviation Regulations by deleting W. Va., transition area described as N., 71*20'00" W. to 44°47'00" N., 71°28'00" the description of the Binghamton, N.Y., follows: W. to point of beginning. control zone and inserting in lieu thereof El k in s , W . Va. 3. Amend § 71.181 of Part 71 of the the following: That airspace extending upward from 70< Federal Aviation Regulations so as to B in g h a m t o n , N.Y. feet above the surface w ith in a 7 -m ile radiui designate a 700-foot Whitefield, N.H., Within a 5-mile radius of the center of of the center 38°53'25" N., 79°51'25" W. o: transition area described as follows: Broome County Airport, Binghamton, N.Y., Elkins-Randolph County Airport, Elkins W h it efiel d , N.H. 42®12'35'' N., 75°58'46" W.; within 2 miles W. Va.; within 2 miles each side of the Elkim each side of the Binghamton VOR 066° radial VOR 098® radial extending from the 7-mil< That airspace extending upward from 700 extending from the 5-mile radius zone to the radius area to th e VOR; w ith in 5 m iles eacl feet above the surface within a 5-mile radius VOR and within 2 miles each side of the side of the Elkins VOR 070° radial extending of the center 44°21'53" N., 71°33'07" W. of airport ILS localizer SE course extending from 11 miles E to 23 miles E of the VOR Whitefield, N.H., Airport; Within 2 miles each from the 5-mile radius zone to 2 miles SE effective sunrise to su n set. side of the 248° bearing from the Whitefield, of th e OM. That airspace extending upward from 1,20< NJH., RBN extending from the 5-mile radius iwt above th e surface b o u n d e d by a lin< area to 8 miles W of the RBN, effective 3. Amend § 71.171 of Part 71 of the rS““ in8 at: 39°10'00" N., 79°55'00" W sunrise to sunset. Federal Aviation Regulations by deleting N” 7®*42'00" W . to 38°58'00" N. [FR. Doc. 65-6400; Filed, June 17, 1965; the description of the Elmira, N.Y., con­ w - to 38°46'00'' N., 79°43'00" W. t< 8:46 am .} trol zone and inserting in lieu thereof N- 80°00'00" W. to 38“49'o6" N. the following i to tL 00 ,W- ** 38°59'00" N., 80°22'00" W the point of beginning. [Airspace Docket No. 63-EA-107] E lm ira, N.Y. lP,R- “o®- 65-6399; Filed, June 17, 1965 Within a 5-mile radius of the center of 8:46 a.m .] PART 71— DESIGNATION OF FEDERAL Chemung County Airport, Elmira, N.Y., 42°- AIRWAYS, CONTROLLED AIRSPACE, 09'37" N., 76053'85" W.; within 2 miles each AND REPORTING POINTS side of the Elmira VOR 057° radial extending [Airspace Docket No. 64-EA-79] from the 5-mile radius zone to the VOR; Revocation of Transition Areas and within 2 miles each side of the airport ILS PAiiBw!~'DES,GNATION OF FEDE Control Area Extension; Alteration localizer NE course extending from the 5-mile J * y AYs- CONTROLLED AIRS PA radius zone to 2 miles NE of the OM; within AND REPORTING po in ts of Control Zones and Designation 2 miles each side of the centerline of Runway of Transition Areas 1 extended northerly from the 5-mile radius Designation of Transition Areas i zone for 3 miles; within 2 miles each side of evocation of Control Area Exl On pages 2108 and 2109 of the F ederal the centerline of Runway 10 extended east­ sion R egister for February 16, 1965, the Fed­ erly from the 5-mlle radius zone for 1 mile; eral Aviation Agency published proposed within 2 miles each side of the centerline of regulations which would revoke the Elk- Runway 19 extended southerly from the 5- for^Fehrn6 21 1° o f t h e F ederal R e g i: mile radius zone for 2 miles and within 2 tion A ^ &ry 16’ 1965> * * Federal A land, Pa., Montrose, Pa., Greene, N.Y., miles each side of the centerline of Runway tions whtoh published proposed reg and ''^Watkins Glen, N.Y., transition 28 extended westerly from the 5-mile radius transiting Would destenate a 700- areas; revoke the Binghamton, N.Y., and zone for 4 miles. *** Elmira, N.Y., control area extensions; 4. Amend § 71.171 of Part 71 of the C n S Harea r r Berlln alter the Binghamton, Elmira, and Wflefd n Y hitefleld Alri Federal Aviation Regulations by deleting control revoke the Berlin, h Ithaca, N.Y., control zones; designate the description of the Ithaca, N.Y., con­ UOO-fcJvf» extension and designal 700-foot transition areas over Chemung trol zone and inserting in lieu thereof "I°°t Swan, N.H. transition a County Airport, Elmira, N.Y., Tompkins the following: 7884 RULES AND REGULATIONS

I thaca, N.Y. port, Wellsville, N.Y., 42°08'15” N., 77s58'30" 59'00" N., longitude 101*30'00" W.; to point W ithin a 4-mile radius of the center 42 °- W. and within 2 miles each side of the Weils- of beginning; and that airspace extendine 29'25" N., 70,27'3O'' W., of Tompkins County ville VOR 205 s radial extending from the 9- upward from 8,000 feet mjs.1. within 5 miles Airport, Ithaca, N.Y., within 2 miles each side mile radius area for 8 miles from the VOR. each side o f th e A m arillo VORTAC 297* of the Ithaca VOR 305° radial extending 9. Amend § 71.181 of Part 71 of theradial, extending from the 1,200-foot area from the 4-mile radius zone to 9 miles NW Federal Aviation Regulations by deleting boundary to 52 miles NW of the VORTAC' of the VOR; within 2 miles each side of the excluding the portion of the transition area Ithaca VOR 144 s radial extending from the the Elkland, Pa., Greene, N.Y., Mont­ w ith a floor of 8,000 feet m.s.l. that lies within 4-mile radius zone to 7.5 miles SE of the rose, Pa., and Watkins Glen, N.Y., transi­ federal airways. tion areas. VOR; within 2 miles each side of the Ithaca (Sec. 307(a) , F ed eral A viation Act of 1958 VOR 117s radial extending from the 4-mile [F.R. Doc. 65-6401; Filed, June 17, 1965; (49 U.S.C. 1348)) radius zone to 7.5 miles SE of the VOR and 8:46 a m .] within 2 miles each side of the Ithaca VOR Issued in Fort Worth, Tex., on June 058° radial extending NE from the 4-mile radius zone to 7.5 miles NE of the VOR. This [Airspace Docket No. 65-SW -l] control zone is effective Monday through A. L . C oulter, Friday, 0000-2300; Saturday 0000-2100; Sun­ PART 71— DESIGNATION OF FEDERAL Acting Director, Southwest Region. day, 0900-2300 local time. AIRWAYS, CONTROLLED AIRSPACE, [F.R. Doc. 65—6402; Filed, June 17, 1965; 5. Amend § 71.181 of Part 71 of the AND REPORTING POINTS 8:46 a m .] Federal Aviation Regulations by desig­ Alteration of Control Zone and nating an Ithaca, N.Y., 700-foot transi­ [Airspace Docket No. 65-SW-8] tion area as follows : Transition Area Ithaca, N.Y. On April 2, 1965, a notice of proposed PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, That airspace extending upward from 700 rule making was published in the F ed ­ feet above the surface within a 12-mile eral R e g is t e r (39 F.R. 4321) stating that AND REPORTING POINTS radius of the center 42°29'25" N., 76°27'30" the Federal. Aviation Agency proposed to W. of Tompkins County Airport, Ithaca, N.Y., alter the controlled airspace in the Alteration of Control Zone and within 5 miles SW and 8 miles NE of the Amarillo, Tex., terminal area. On April 2, 1965, a notice of proposed Ithaca VOR 805 s radial extending from the Interested persons were afforded an rule making was published in the Fed­ VOR to a point 12 miles NW, excluding that opportunity to participate in the rule portion which overlies the Elmira, N.Y., era l R e g is t e r (30 F.R. 4321) stating that tra n s itio n area. making through submission of com­ the Federal Aviation Agency proposed to ments. All comments received were fa­ alter the Oklahoma City, Okla. (Tinker 6. Amend §71.181 of Part 71 of the vorable. AFB), control zone. Federal Aviation Regulations by desig­ In consideration of the foregoing, Part Interested persons were afforded an nating an Elmira, N.Y., 700- and 1,200- 71 of the Federal Aviation Regulations is opportunity to participate in the rule foot transition area as follows: amended, effective 0001 e.s.t., August 19, making through submission of comments. Elm ira, N.Y. 1965, as hereinafter set forth. All comments received were favorable. 1. In § 71.171 (29 F.R. 17582), the In consideration of the foregoing, Part That airspace extending upward from 700 Amarillo, Tex., control zone is amended 71 of the Federal Aviation Regulations is feet above the surface within a 12-mile to read: radius of the center of Chemung County Air­ amended, effective 0001 e.s.t., August 19, port, Elmira, N.Y,, 42*09*37" N., 76°53'35" W, A marillo, T ex. • 1965, as hereinafter set forth. within 2 miles each side of the Elmira VOR In § 71.171 (29 F.R. 17622), the Okla­ That airspace within a 5-mile radius of the homa City, Okla. (Tinker AFB), control 237° radial extending SW from the 12-mile Amarillo AFB/Municipal Airport (latitude radius area for 8 miles SW of the VOR; 35s13'10" N., longitude 101s42'40". W.); zone i$ amended to read as follows: within 5 miles SE and 8 miles NW of the air­ within 2 miles each side of the Amarillo klah o m a it y k l a inker port n s NE localizer course extending from O C , O . (T AFB) the 12-mile radius area to 12 miles NE of the VORTAC 221s radial, extending from the 5- mile radius zone to the VORTAC; and within T h a t airsp ace w ith in a 5-mile radius of Alpine RBN. Tinker AFB (latitude 35s24'50" N., longitude 2 miles each side of the extended centerline That airspace extending upward from 1,200 97°23'35" W .); within 2 miles each side of feet above the surface beginning at 42*41'- of the Amarillo AFB/Municipal Airport Run­ way 21, extending from the 5-mile radius the Tinker AFB VOR 360° radial, extending 30'* N., 78°23'00" W. to 42°40'00” N., 75°30'- from tiie 5-mile radius zone to 12 miles N zone to 4.5 miles SW of the lift-off end of the 00" W. to 42°10'00" N., to 75°25'00" W. to of the VOR; within 2 miles each side of the 41*28'30" N., 75°29'00" W., to 41°39'30" N., ru n w ay . Tinker AFB TACAN 002° radial, extending 77s02'20" W. to 41°45'05" N., 77°01'05" W. to 2. In § 71.181 (29 F.R. 17645) the from the 5-mile radius zone to 8 miles N 41°48'40" N., 77°33'40" W. to 41s52'30" N„ Amarillo, Tex., transition area is amend­ of th e TACAN; a n d w ith in 2 miles each side 77°33'15" W. to 41°55'00" N., 77°58'00" W. o f th e T in k e r AFB TACAN 188s radial, ex­ to 42°32'00" N., 77°58'00" W. to 42°32'00" ed to read as follows: tending from the 5-mUe radius zone to 3.5 N., 77°36'00" W. to 42°40'00" N., 77°22'30" A marillo, T ex. miles S of the TACAN. W. to point of beginning. That airspace extending upward from 700 (Sec. 307(a), Federal Aviation Act of 1958 7. Amend § 71.181 of Part 71 of the feet above the surface within a 20-mile (49 U.S.C. 1348)) Federal Aviation Regulations by desig­ radius of the Amarillo AFB/Municipal Air­ Issued in Forth Worth, Tex., on June nating a Binghamton, N.Y,, 700-foot port (latitude 35s13'10" N., longitude 101s- transition area as follows i 42'40" W.); and that airspace extending up­ 10,1965. ward from 1,200 feet above the surface A. L. Coulter, B in g h a m t o n , N.Y. bounded by a line beginning at latitude 36 s- Acting Director, S o uthw est Region. That airspace extending upward from 700 Ol'OO" N., longitude 101°24'00" W.; to lati­ [F.R. Doc. 65-6403; Filed, June 17, 1965: feet above the surface within a 7-mile radius tude 35°58'00" N., longitude 101°13'00" W.; 8:46 a.m.] of the center of Broome County Airport, 42°- to latitude 35°42'00" N., longitude 100*29'- 12'35" N., 75°58'48" W,; within 2 miles each 00" W.; to latitude 35°28'00" N., longitude side of the Binghamton VOR O86s-240° 100s29'00" W.; to latitude 35*23'00" N., [A irspace D ocket No. 64-WE-4] radial extending SW from the 7-mile radius longitude 100*50'00" W.; to latitude 35s 13'- area for 8 miles from the VOR; within 2 miles 00" N., longitude 100°50'00" W.; to latitude PART 71— DESIGNATION OF F ^ ERApl each side of the airport ILS localizer SE 35°13'00" N., longitude 101*10'00" W.*, to AIRW AYS, CONTROLLED AIRSPA«, latitude 34°59'00" N., longitude 101*10'00" course extending from the 7-mile radius area AND REPORTING POINTS to the Binghamton RBN. _ W.; to latitude 34*59'00" N., longitude 101s- 27'00" W.; to latitude 34 °40'00" N., longi­ Alteration of Control Zone, JReV

[Airspace Docket No. 65-EA-14] 2 miles each side of the. Pulaski VOR 208° (Sec. 307(a), Federal Aviation Act of iqu radial extending from the 6-mile radius area (72 Stat. 749; 49 U.S.C. 1848)) PART 71 — DESIGNATION OF FEDERAL to 8 miles SW of the VOR; within 2 miles AIRWAYS, CONTROLLED AIRSPACE, each side of a line bearing 245* from latitude Issued in Jamaica, N.Y., on May li AND REPORTING POINTS 37°.06'00" N., longitude 80*44'30" W., ex­ 1965. tending from 6-mile radius area to 8 miles W a y n e H endershot, Designation of Transition Area SW of 37*06'00" N„ 80°44'30" W. Acting Director, Eastern Region. That airspace extending upward from 1,200 On pages 3453 and 3454 of the F ederal feet above the surface bounded by a line be­ Amend § 71.181 of Part 71 of the Fed­ R e g is t e r for March 16,1965, the Federal ginning at 37°10’00" N., 80°57’00" W., to eral Aviation Regulations so as to desig­ Aviation Agency published proposed reg­ 37°10'00" N., 80°51'30" W., to 37“20'00" N., nate a 700- and 1,200-foot White Plains ulations which would designate a 700- 80°49'00" W., thence clockwise along a 15- N.Y., transition area described as mile arc centered on the Pulaski VOR (37°- follows: foot transition area over Chester Air­ Ô5'16" N., 80<>42'43" W.) to 37°00'00" N., W h it e P l a in s, N.Y. port, Chester, Conn. 80°25'20" W., to 36°46'40" N., 80°07'40" W., Interested parties were given 45 days to 36°36'20" N., 80°06'30" W., to 36°30'00" That airspace extending upward from 700 after publication in which to submit N., 80°57'00" W., to the point of beginning. feet above the surface bounded by a line written data or views. No objections to beginning at: 41°16'00" N., 74°06'00" W to [F.R. Doc. 65-6409; Filed, June 17, 1965; 41*16'00" N., 74*00'00" W. to 41*19'00" N. the proposed regulations have been 8:46 a.m .] received. 74*00'00" W. to 41°19'00" N„ 73*57'00" W. to In view of the foregoing, the proposed 41*27'00" N., 78*54'00" W. to 41*27'00" N. [Airspace Docket No. 64-EA-66] 73°47'00" W. to 41°19'00" N., 73°42'00" W. to regulations are hereby adopted effective 41*25'00" N„ 73°30'00" W. to 41°20'00" N 0001 e.s.t., August 19, 1965. PART 71— DESIGNATION OF FEDERAL 73“23'00" W. to 41*10'00" N., 73*33'00" W.to (Sec. 307(a), Federal Aviation Act of 1958 AIRWAYS, CONTROLLED AIRSPACE, 41°00'00" N., 73°33'00" W. to 40°50'00" N„ (72 Stat. 749; 49 U.S.O. 1348)) 73°42'00" W .to 4 1 °0 1 '0 0 " N., 74*00'00" W.to AND REPORTING POINTS 41°07'30" N., 73*57'00" W. to 41°10'30" N., Issued in Jamaica, N.Y., on May 26, 74°09'00" W. to the point of beginning. 1965. Transition Area Description; T hat airspace extending upward from 1,200 feet above the surface bounded by a line be­ W a y n e H e n d e r s h o t , Correction ginning at: 41*31'00" N., 73°54'00" W. to Acting Director, Eastern Region. On page 6579 of the F ederal R e g is t e r 41°31'00" N., 73°30'00" W. to 41°25'00" N„ Amend § 71.181 of Part 71 of the Fed­ for May 13, 1965, the Federal Aviation 73°80'00" W. to 41°19'00" N., 73*42'00” W. to eral Aviation Regulations so as to desig­ Agency published a regulation to desig­ 41*27'00" N., 73*47'00" W. to 41*27'00'' N„ nate a 700-foot Chester, Conn., Transi­ nate a 1200-foot Danville, Va., transition 73°54'00" W. to th e p o in t of beginning. tion Area described as follows: area. It has been determined that the [F.R. Doc. 65-6411; Filed, June 17, 1965; description of said transition area 8:47 a m .] Ch ester, Co n n . omitted the use of a direction to proceed That airspace extending upward from 700 along the 35 mile radius arc. To elimi­ feet aboVe the surface within a 5-mile radius nate any ambiguity the description will of the center, 41“23'01" N., 72“30'20" W. of be amended to provide a counterclock­ Title 41— PUBLIC CONTRACTS Chester Airport, Chester, Conn., and within 2 miles each side of the Madison VOR 062° wise direction. radial extending from the 5-mile radius to Because the correction is of a clarify­ § AND PROPERTY MANAGEMENT th e VOR. ing nature the public interest does not Chapter 9— Atomic Energy require the 30 day notice. [F.R. Doc. 65-6408; Filed, June 17, 1965; Commission 8:46 a m .] The subject regulation is hereby amended as follows: PART 9-14— INSPECTION AND 1. Under Item 2, second paragraph of ACCEPTANCE [Airspace Docket No. 64-EA-62] the text material, insert the word “counterclockwise” after the word Miscellaneous Amendments PART 71— DESIGNATION OF FEDERAL “thence” and before the word “along.” AIRWAYS, CONTROLLED AIRSPACE, (Sec. 307(a), Federal Aviation Act of 1958 Section 9-14.000, Scope of part, is re­ AND REPORTING POINTS (72 Stat. 749; 49 U .S.0.1348)) vised to read as follows: Designation of Transition Areas Issued in Jamaica, N.Y., on May 20, § 9—14.000 Scope of part. 1965. This part implements and supplements On page 1126 of the F ederal R e g is t e r for February 3, 1965, the Federal Avia­ W a y n e H e n d e r s h o t , FPR 1-14 by prescribing the policies and tion Agency published proposed regula­ Acting Director, Eastern Region. requirements for inspection and accept­ tions which would designate a 700-foot [F.R. Doc. 65-6410; Filed, June 17, 1965; ance under contracts for supplies and transition area over New River Valley 8:47 a m .] services, including construction con­ Airport, Dublin, Va., and a 1,200-foot tracts. transition area for the Dublin, Va., ter­ [Airspace Docket No. 64-EA-^7] The following section is added: minal area. Interested parties were given 45 days PART 71— DESIGNATION OF FEDERAL § 9-14.000-50 Policy, cost-type contrac­ in which to submit written data or views. AIRWAYS, CONTROLLED AIRSPACE, tor procurement. No objection to the proposed regulations AND REPORTING POINTS All of FPR 1-14 and this AECPR 9-J4 were received. constitute specific provisions whicn In view of the foregoing the proposed Designation of Transition Areas contracting officer shall bring to me a - regulations are hereby adopted effective tention of Class A and Class B cost-typ On pages 2110 and 2111 of tho F ederal 0001 e.s.t., July 22,1965. contractors as constituting areas w R e g is t e r for February 16,1965, the Fed­ (Sec. 307(a), Federal Aviation Act of 1958 (72 eral Aviation Agency published proposed require appropriate treatment m tn Stat. 749; 49 U.S.C. 1348)) regulations which would designate a velopment of statements of contractor procurement practices in order to Issued in Jamaica, N.Y., on April 28, 700-foot transition area over and for the terminal area of Westchester County out the basic AEC procurement policy set 1965. forth in AECPR § 9-1.5203. W a y n e H e n d e r s h o t , Airport, White Plains, N.Y. A 1200-foot Acting Director, Eastern Region. White Plains, N.Y., transition area would §§ 9-14.101,9-14.201 [Deleted] also be designated. Section 9-14.101, General, and §9- Amend § 71.181 of Part 71 of the Fed­ Interested parties were given 45 days eral Aviation Regulations by designating 14.201, General, are deleted. .. a Dublin, Va., 700- and 1,200-foot tran­ after publication in which to submit The following new section is ad • sition area described as follows: written data or views. No objections to the proposed regulations have been § 9 -1 4 .1 0 8 Government inspection ® D u b l in , V a. received. supplies under subcontracts. That airspace extending upward from 700 feet above the surface within a 6-mile radius . In view of the foregoing, the proposed The limitations in FPR of the center 37°08'30" N., 80°41W ' W., of regulations are hereby adopted effective apply to procurements by cost-ype New River Valley Airport, Dublin, Va.; within 001 e.s.t., July 22, 1965. Friday, June 18, 1965 FEDERAL REGISTFR 7887

§ 9-14.5001 [Amended] ing adaptation of these contract outlines matters presented at the hearing and in In § 9-14.5001 Inspection and accept­ for subcontract purposes is authorized writing, pursuant to said notice, and ance requirements, subparagraph (4) and encouraged. under authority of section 402 of the under paragraph (a) is deleted and par­ (Sec. 161, of the Atomic Energy Act of 1954, Federal Act, the proposed amend­ agraphs (a) (3) and (b) are revised to as amended, 68 Stat. 948, 42 UJ3.C. 2201; sec. ments to the regulations are hereby 205, of the Federal Property and Administra­ adopted as so published except as indi­ read as follows: tive Services Act of 1949, as amended, 63 Stat. cated below: § 9-14.5001 Inspection and acceptance 390, 40 TJ.S.C. 486) 1. The proposed amendment of §§ 201.2, requirements. Effective date. These amendments are 201.46, 201.58, and 201.221a, referred to (a) * * * effective upon publication in the F ed ­ in proposal 1 of the notice, is not adopted. (3) Instructions issued by Headquar­eral R e g is t e r . 2. The amendment of § 201.31, referred ters divisions, offices or Managers of to in proposal 2 of the notice, is changed ''For the U.S. Atomic Energy Commis­ to substitute the name “Tenderette” for Field Offices. sion. (b) The instructions referred to in “Tendercrop” preceding “Tendercrop, subparagraph (3) of paragraph (a) of Dated at Germantown, Md., this 11th white seeded.” this section shall not be inconsistent day of June 1965. 3. The amendment of § 201.31a, re­ with the contract or this part. J o s e p h L . S m it h , ferred to in proposal 3 of the notice, is Director, Division of Contracts. changed to delete the chemical names * * * * * following generic or coined names given § 9—14.5003 [Amended] [F.R. Doc. 65-6432; Filed, June 17, 1965; 8:48 a.m .] for the same substance. In § 9-14.5003 Construction contracts, 4. The amendment of § 201.34(e), re­ paragraph (b) is deleted and reserved. ferred to in proposal 4 of the notice, to (Sec. 161, Atomic Energy Act of 1954, as PART 9-17— EXTRAORDINARY CON­ add a new subparagraph (8) is changed amended, 68 S ta t. 948, 42 U.S.C. 2201; sec. TRACTUAL ACTIONS TO FACILITATE by amending the heading to read “Sor- ghum-sudangrass hybrids”, to change 205 of the Federal Property and Administra­ THE NATIONAL DEFENSE tive Services Act of 1949, as amended, 63 S ta t. the spelling of “Hydan 37” and “Hydan 390,40 U.S.C. 486) Policy, Cost-Type Contractor 38” to “Hidan 37” and “Hidan 38”, and to Procurement insert in alphabetical order the variety Effective date. These regulations are name “Su-Graze.” effective upon publication in the F ederal The following section is added: 5. The amendment of table 1, in Register. -§ 9—17.000—50 Policy, cost-type contrac­ § 201.46, referred to in proposal 5 of the For the U.S. Atomic Energy Commis­ tor procurement. notice, is changed by deleting the aster­ sion. isks in said table. There are no provisions in FPR 1-17 or 6. The proposed amendment of para­ Dated at Germantown, Md.t this 11th in this part which the contracting officer day of June 1965. graph (a) in § 201.47, referred to in pro­ shall bring, to the attention of cost-type posal 7 of the notice, is not adopted. R . J . H art, contractors as constituting areas which 7. The amendment of paragraph (a) Acting Director, require appropriate treatment in the de­ Division of Contracts. and (a) (2) of § 201.56-2, referred to in velopment of statements of contractor proposal 12 of the notice, is changed by [FR. Doc. 65-6431; Filed, June 17, 1965; procurement practices. deleting the words “and/or decayed” 8:48 a.m .] (Sec. 161, Atomic Energy Act of 1954, as from the last sentence of paragraph (a) amended, 68 Stat. 948, 42 U.S.C. 2201; sec. and “or decay” from subdivision (iv) of PART 9-16— PROCUREMENT FORMS 205, Federal Property and Administrative paragraph (a) (2). Services Act of 1949, as amended, 63 Stat. 8. The amendment of table 2, para­ Miscellaneous Amendments 390, 40 U. S. C. 486) graph (c) in § 201.58, referred to in pro­ Effective date. This amendment is ef­ posal 15, with respect to the requirement Delete §§ 9-16.051 Applicability, and for testing sorghum almum in column 7 9-16.5001 Applicability, and add the fol­ fective upon publication in the F ederal R e g is t e r .^ is changed to read “add ‘Upon the 10th lowing: day of test, clip or pierce the distal end § 9-16.051—1 Applicability. For the U.S. Atomic Energy Commis­ of ungerminated seeds.’ ” sion. This part and FPR 1-16 are applicable It does not appear that further notice to direct procurements of supplies, non­ Dated at Germantown, Md., this 10th of rule making or other public procedure personal services, and construction. day of June 1965. with respect to this matter would make J o s e p h L . S m it h , additional information available to this § 9-16.051—2 Policy, cost-type contrac­ Director, Division of Contracts. Department, and therefore under section tor procurement. [FJt. Doc. 65-6433; Filed, June 17, 1965; 4 of the Administrative Procedure Act All of FPR 1-16 and this AECPR 9-16 8:48 a.m .] (5 U.S.C. 1003) it is found upon good constitute specific provisions which the cause that further notice of rule making contracting officer shall bring to the at­ and other public procedure on the tention of Class A and Class B cost-type amendments are unnecessary and im­ contractors as constituting areas which Title 7— AGRICULTURE practicable. . require appropriate treatment in the Chapter I— Consumer and Marketing The amendments of the regulations as hereby adopted shall become effective 30 development of statements of contractor Service (Standards, Inspections, procurement practices in order to carry days after publication in the F ederal out the basic AEC procurement policy set Marketing Practices), Department R e g is t e r . of Agriculture forth in AECPR § 9-1.5203. It is recog- Done at Washington, D.C., this 15th f^ized that the contract forms and out­ SUBCHAPTER K— FEDERAL SEED ACT day of June 1965. lines may need appropriate adaptation when used by cost-type contractors. PART 201— FEDERAL SEED ACT C la r en c e H. G irard, REGULATIONS Deputy Administrator, § 9—16.5001 Applicability. Regulatory Programs. Miscellaneous Amendments The AEC contract outlines set forth § 201.31 [Amended] herein are applicable to all AEC direct On February 11, 1965, there was pub­ lished in the F ederal R e g is t e r (28 F.R. 1. Section 201.31 is amended by in­ Procurement which is within the scope of 1945) a notice of rule making and hear­ serting in alphabetical order in the two ■® Vari°us categories covered by the ing with respect to proposed amend­ lists of garden bean varieties the follow­ ^ “nes- With respect to AEC policy on ments to the regulations (7 CFR Part ing: ®ort~type contractor procurement, see 201, as amended) under the Federal Seed Bush Blue Lake. ti The exchange of informa- Act, as amended (7 U.S.C. 1551 et seq.). E xecutive. on between AEC Field Offices concem- After consideration of all relevant A b u n d a. No. 117- 7888 RULES AND REGULATIONS

S prite. S-212. T -E 66. 4. Section 201.42 is amended to read VIP. S—214. T -E 77. as follows: Tenderette. Sandfighter. T-E Goldmaker. Tendercrop, white seeded. SD 252 F. T-E Grainmaster, § 201.42 Small containers. SD 441. T -E Y ieldm aker. § 201.31a [Amended] SD 451. T ita n . In sampling seed in small containers 2. Section 201.31a(c) (2) is amended Shorty 33. T ita n R. that it is not practical to sample as re­ by deleting the list of chemical names Shorty 40. T rip le T. quired in § 201.41, a portion of one un­ S h o rty 50. U te. opened container or one or more entire and inserting the following: T asco. WAC 700. unopened containers may be taken to Aldrin, technical T -E 55. supply a minimum size sample, as re­ D em eton quired in § 201.43. / D ield rin c. Add a new subparagraph “(8> Sor­ p-Dimethylaminobenzenediazo sodium sul­ ghum -sudangrass hybrids” together with § 201.46 [Amended] fo n a te a list of varieties as follows: 5. Section 201.46 is amended as fol­ E n d rin G a-S u. Kow Kandy. E th io n G razer. Lindsey 77P. lows: Heptachlor . Grazer 21. NB 280S. x a. Delete from the second sentence of Mercurials, all types G razer 22. S-100. paragraph (c) the Words “whole gram” P a ra th io n G razer A. S udine. and insert the words “half gram”. P h o ra te G reenlan. S u-G raze. b. Delete Table 1—Weight of the work­ T o xaphene G reen M. Sweet Sioux. 0-0-Diethyl-0-(isopropyl-4-methyl-6-pyri- ing sample, and insert the following Honey Sweet. SX -11. Table 1. midyl) thiophosphate H id an 37. SX—12. 0,0-Diethyl-S-2-(ethylthio) ethyl phospho- H id an 38. T-E Grazemaster. rodithioate Hy-King-Su. T-E Haygrazer. § 201.34 [Amended] H y-Su. 3. Section 201.34(e) is amended as T able 1— W eig h t of W o rk ing S am ple follows: a. In subparagraph (1) Bean (Vege­ Minimum weight Minimum weight Approximate table snapbeans) insert in the list of Name of seed for for noxious-weed number of variety names in alphabetical order the purity analysis seed examination Seeds per gram following: AGRICULTURAL SEED A hunda. Grams Grams Number Bountiful Canner. Alfalfa—Medicago saliva. ______.. 5 50 500 Bush Blue Lake. Alfilaria—Er odium cicutarium.... -----...... ______5 50 140 Alyceclover—/Uysecaptts vaginalis. ____ _ 5 50 665 Gallatin No. 50. Bahiagrass—Paspalum notatum: H igrade. Var. Pensacola__ ...... ______i 5 50 Improved Higrade. All other yars— . _ _ _ _ i ______... 7 50 365 B arley—Hordeum vulgare______100 500 30 New Top Notch Golden Wax. Bean: Slenderwhite. Adzuki—Phaseolus angularis______!.. 200 500 11 S lim green. Field—Phaseolus vu lg a ris______! 500 500 4 Tendergreen No. 32304. M ung—Phaseolus aureus...._____»¡»¿,¿3...... 100 500 24 Beet, field—Beta vulgaris...... _...... _...... 50 300 55 Beet, sugar—Bela vulgaris______. . . . _____.... 50 300 55 b. In subparagraph (6) under tfie sub­ Beggar weed, Florida—Desmodium tortuosum______5 50 440 heading Sorghum, hybrid insert in the Bentgrass: Colonial (incl. Astoria and Highland)— list of variety names in appropriate order Agrostis tenuis.. . . ______25 12,050-20,000 the following: Creeping—Agrostis palustris______25 17,195 Velvet—Agrostis canina______Si___-___ 25 23,810 388. K S 652. Bermudagrass, common— Cgnodon dactylon______1 25 3,940 400B. Bermudagrass, giant—Cynodon sp______1 25 2,820 K S 701. Bluegrass: 400C. Lindsey 744. Bulbous—Poa bulbosa..______2 35 1,020 400E. Lindsey 755. Canada—Poa compressa...... ______2...... 1 25 5,500 400P. NB 304P. Glaucantha—Poa glaucantha..______! 1 25 ...... 401. Kentucky (all vars.)— NB 305P. Poa pratensis______!___ ...... 1 25 4,800 410B. NB 504. Nevada—Poa nevadensis______1 25 2,305 410C. NB 505. Bough—Poa trivialis...... fi._...... -______1 25 5,600 410E. OK 612. Texas— Poa arachnifera...... -...... 1 25 2,500 Wood—Poa nemoralis...... 1 25 7,095 411. OK 613. Bluestem: 413. OK 632. Big—Andropogon gerardi...... _. 7 50 335 A pache. P.A.G. 405. Little—Andropogon scoparius______5 50 560 Beefbuilder T. P.A.G. 425. Sand—Andropogon haUii...... -...... 10 50 235 Yellow—Andropogon ischaemum______2 35 C-44B. P.A.G. 430. Brome: C-45. P.A.G. 435. Field—Bromus arvensis____...... 5 50 430 C heyenne. P.A.G. 465. Mountain—Bromus marginatus...... 20 150 140 50 300 Coastal S. P.A.G. 515. Smooth—Bromus inermis______-______7 60 Coastal. T. Broomcorn—Sorghum vulgare var. technicum...... 40 300 P.A.G. 605. Buckwheat—-Pagopyrum esculentum...... 50 300 45 Colorado 585. P.A.P. 625. BufFalograss—Buchloe dactyloides: 300 110 C olorado 604. R—106. (Burs) ____8 |i .1—. __ 20 740 Colorado 606. R—108. (Caryopses)______'.z.S______... 3 35 C om anche. R —211. Buffelgrass—Pennisetum ciliare______:___ 00 00 460 (Fascicles)______5 50 1,940 Co-op T—700. R—212. (Caryopses),.______2 35 Crop Guard. R—214. Burclover, California—Medicago hispida (inbur)...-.. 50 300 '“'375 D-55. R a id e r B. Burclover, California—Medicago hispida (out of bur). 7 50 50 Burclover, spotted—Medicago arabica (in bur)____ ... 50 300 550 D airy D. R anger A. Burclover, spotted—Medicago arabica (out of bu r).... 5 50 D ouble T. 110 R an g er B. Burnet, little—Sanguisorba minor______... ___... 25 150 325 D u et. R edhead. Buttonclover—Medicago orbicularis...... 7 50 150 Canarygrass— Phalaris canariensis______20 150 P -60. R ed R aid er A. 35 1,200 P-65. Rico. Canarygrass, reed—Phalaris arundinacea....______2 2,475 Carpetgrass—Axonopus affinis______,. 1 25 5 P -70. R ocket. Castorbean—Ricinus communis...... ____ 500 500 555 FS-300R . R o ck et A. Chess, Soft—Bromus mollis______..... 5 50 2 G a. 609. R S 616. Chickpea—Cieer arietinum______.... 500 500 Clover: G a. 615. R S 619. 1,500 Alsike—Trifolium hybridum______2 35 455 G aucho. RS 621. Berseem—Trifolium alexandrinum____ ;_____ ... 5 50 2,925 H o-K . R S 622. Cluster—Trifolium glomeratum______1 25 50 330 Horizon 79. R S 623. Crimson—Trifolium incarnalum _____ .... __ 10 Kenya— Trifolium semipilosum______;______2 35 1,935 K iow a. R S 624. Ladino— Trifolium repens______...... 2 35 150 K S 602. RS 640. Lappa— Trifolium lappaceum. . . ______2 35 K S 603. R S 681. See footnotes at end of table. rdy Jn 1, 1965 18, June Friday, Table 1—Weight of Working Sample—C o n tin u ed Tabus 1—Weight of Working Sample—C o n tin u ed

(Minimum weigh! (Minimum weight Approximate weight Minimum weight ' Approximate Name of seed tor for noxious-weed number of Name of seed for noxieus-weed number of purity analysis seed examination seeds per gram ysis seed examination seeds per gram

AGRicuLTpRAL seed— continued agricultural SUED— continued Grams Grams Number Clover—Continued Grams Grams Number Napiergrass—Pennisetum purpureum___ .... ______5 50 Large hop—Trifolium proeumbens (T. campestre)_____ 1 25 5,435 Oat—Avena spp______. ______75 500 35-50 Persian—Trifdium resupinatum______2 35 1,415 Oatgrass, tall—Arrhenatherum elatius. . ______7 50 330 Red—Trifblium pratense______5 50 600 Orchardgrass—Dactylic glomerata__. ______. _____ 2 35 1,440 Rose— Trifolium hirtum______7 50 360 Panicgrass, blue—Panicum antidótale...... __ ... ____... 2 35 1,450 Small hop (Suckling)—Trifolium dubium______2 35 1,950 Panicgrass, green—Panicum maximum var. trichoglume_ 5 60 Strawberry— Trifolium fragiferum...... 5 50 635 Peanut—Arachis hypogaea...__ .■______500 500 1-3 Sub—Trifolium subterràneum______25 150 120 Pea, field—Pisum sativum var. arvense______..U 500 REGISTER FEDERAL 500 4 White—Trifblium repens______2 35 1,500 Rape: Com: Annual—Brassica napas var. annua______7 50 345 Field— Zea mays...... 500 500 3 Bird—Brassica campestris_____. . . . . ______..... 7 50 425 500 500 Turnip—Brassica campestris vars______5 50 535 Cotton—Gossypium spp______i______... 300 500 8 Winter—Brassica napus var. biennis...__,___ ...... 10 50 230 Cowpea—Vigna sinensis______300 500 8 Redtop—Agrostis alba.,___.... ______... ______u 25 11,000 Crested dOgtail—Cynosurus cristatus______2 35 1,900 Rescuegrass—Bromas catharticus__. . . . . ______20 150 145 Crotalaria: Rhodesgrasa— Clitoris gayana...... ______...... 1 25 4,725 Lance—Crotalaria lanceolata______7 50 375 Rice—Oryza sativa..______'____ _ 50 500 65 Showy—Crotalaria spectabilis..,______25 150 80 Ricegrass, Indian—Oryzopsie hymenoides______2,___ _ 10 50 310 Slendèrleaf— Crotalaria intermedia______10 60 205 Roughpea—Lathyrus hirsutas ______:____ 75 500 40 Striped— Crotalaria mucronata______10 50 215 Bye—Secóle cercote ...... ______. . . . ___ ...... 75 500 40 Sunn— Crotalariaiuncea______75 500 35 Ryegrass: Crownvetch—Coronilla varia______10 50 305 Annual (Italian)—Lolium multiflorum______5 50 500 Dallisgrass—Paspalum dilatatum______4 35 590 Perennial—Lolium perenne...... 5 50 500 Dichondra—Dicfiondra repens______5 50 470 Wimmera—Lolium rig id u m .....!...... ,—. ______5 50 Dropseed, sand— Sporobolus cryptandrus______a 25 11,925 Safflower—Carthamus tinctorius___ *.*____ ... ____ 100 500 30 Emmer—Triticum dicoccum______100 500 25 Sainfoin— Onobrychis viciaefolia______50 300 50 Fescue: Sesame—Sesamum indicum______7 50 360 Che wings—Festuca rubra var. commutata______2 35 1,200 Sesbania—Sesbania exaltóla...... _____ ...... ____ 25 150 105 Hair—Festuca capiUata______1 25 3,200 Smilo—Oryzopsis miliacea______2 35 2,010 2 35 Sorghum: i , Meadow—Festuca elatior______5 50 500 Grain and sweet—Sorghum m igare.....______... 50 300 50-55 Red—Festuca rubra______2 35 1,200 Sorghum almum—Sorghum almum______15 150 160 Sheep—Festuca ovina.. . . . ______2 35 1,165 Sorghum—sudangrass hybrid, S. migare X S. sudanense. 60 300 50-55 Tali—Festuca arundinacea______5 50 500 Sorgrass >___ .... ______,______15 150 160 Flax— Linum usitatissimum...,______15 100 180 Sourdover—Melilotas indica______5 50 660 Grama: Soybean— Glycine max______500 500 6-13 Blue—Bouteloua gracilis______2 35 1,975 Spelt—Triticum spelta_.... ______100 500 25 Side-oats—Bouteloua curtipendula (Other than caryop- Sudangrass— Sorghum sudanense.______25 150 120 ses)...... ------5 50 420 Sunflower (Cult.)—Helianthus annuus______100 500 (Caryopses)..:____ ;______... ______...... 2 35 1,605 Sweet clover: Guar—Cyamopsis tetragonoloba______75 500 35 White—MMotus alba______5 50 570 Guineagrass—Panicum maximum______2 50 2,205 Yellow—MelUotus officinalis______5 50 570 Hardinggrass—Phalaris var. stenoptera______. ______3 50 750 Sweet vemalgrass—Anthoxanthum odoratum______2 35 1,600 Hemp—Cannabis satira______. . . ______50 *300 45 Switchgrass—Panicum virgatum______3 50 815 Indian grass, yellow—Sorghastrum nutans______7 50 365 Timothy—Phleum pratense______— 2 35 2,500 Indigo, hairy—Indigofera hirsuta______;______7 50 435 Tobacco—Nicotiana tobacum______25 15,625 Japanese lawngrass— Zoysia japoniea____ ...... ____... 1 35 3,010 Trefoil:. Johnson grass—Sorghum halepcnse______;__ 10 50 290 Big—Lotus vliginoms (L. major)..______2 35 1,945 Kudzu—Pueraria ihunbergiana...______...... 25 150 80 Birdsfoot—Lotus corniculatus____ . . . . . ______3 , 35 815 Lentil—Lens culinarie______60 300 40 Vaseygrass—Paspalum urviUei.. ______3 35 970 Lespedeza: Veldtgrass—Ehrharta calycina.....____ ..... _____ 4 35 655 Korean—Lespedeza stipulacea______5 50 525 Velvetbean—Stizolobium deeringianum..__,._____ *____ 500 500 2 Serìcea or Chinese-»-Lespedeza cuneata (L. sericea)____ 3 50 820 Velvet grass—Holcus lanatus ______;______..... 1 25 3,360 Siberian—Lespedeza hedy coroidee______3 50 820 Vetch: Striate (Common, Kobe, Tenn, 76) Lespedeza striata... 5 50 750 Common—Vicia sativa....__ ...______150 500 19 Lovegrass, sand—Eragrostis trichodes______1 25 3,550 Hairy—Vicia villosa______76 500 35 Lovegrass, weeping—Eragrostis curvala______1 25 3,280 Hungarian— Vicia pannoncia__ ;... ___ ..... ____ _ 100 500 24 Lupine: Monantha— Vicia articúlala (V. monantha)______100 500 Blue—Lapinus angustifolius______... 500 500 7 Narrowleaf— Vicia angustifolia_...__ ,______.___ 50 300 60 White—Lupinus gibus______500 500 7 Purple—Vicia atropurpúrea..___...;. ______...... 100 500 22 Yellow—Lupinus lu teu s.....______»___ _ 300 500 9 Woollypod—Vicia dasycarpa...______100 500 25 2 35 Wheat: Meadow foxtail—Alopecùrus pratensis______35 1,200 Common—Triticum aestivum...... 100 500 25 Medick, black—Medicago lupvlina______.______v 5 2 50 585 Club— Triticum compactum....___,______100 500 25 Millet: Durum—Triticum d u ru m ...... ______.... 100 500 25 Browntop—Panicum ramosum______10 50 305 Polish—Triticum polonicum....______100 500 25 Foxtail, Such as Common, White Wonder, German, Poulard— Triticum turgidum.______...... 100 500 25 Hungarian, Siberian, or Golden—Setaria italica_____ 5 50 470 Wheatgrass: Japanese—Èchinochloa crusgalli vai. frumentacea_____ 10 60 320 Beardless—Agropyron inerme______...... ____ ... 10 50 Pearl—Pennisetum glaucum______15 150 195 Fairway crested—Agropyron cristatum.______5 50 715 Proso—Panicum muiaceum______15 150 180 Standard crested—Agropyron desertorum.—. ______5 50 425 Molassesgrass—Melinis minuti flora______25 15,000 Intermediate—Agropyron intermedium______..... 10 50 230 Pubescent—Agropyron tricophorum._____ ...... 10 50 200 Mustard: 7889 Black—Brassica nigra______...... 2 50 1,255 Siberian—Agropyron sibiricum..______— 10 50 White—Brassica hirta______. . . . ______15 150 160 Slender—Agropyron trachycaulum..___ ...... _____ 7 50 340 See footnotes at end of table. 7890 RULES AND REGULATIONS

T able 1— W eig h t o f W o r k in g S am ple— C o n tin u e d ing in the testa is not sufficiently large to allow the size of the remaining mass Minimum weight Minimum weight Approximate of tissue to be readily determined. (Not Name of seed for for noxious-weed number of applicable to chalcid-damaged seeds purity analysis seed examination seeds per gram See § 201.51(a)(4).) * * * * $ agricultural seed—continued § 201.50 [Amended] Wheatgr ass—Continued Grams Grams Number Streambank—Agropyron riparium______10 50 <370 8. Section 201.50 is amended by in­ Tall—Agropyron elongatum______IS 50 140 Western—Agropyron smithii...... 10 50 235 serting in the first sentence before the ' Wildrye: word “Or” the word “sporocarps” and by Canada—Elymus canadensis...... 10 50^ 260 Russian—Elymus junceus...... _ _...... 5 50 400 adding at the end of the section “(For single seeds of Juncus see § 201.51(10).)”. VEGETABLE SEED § 201.51 [Amended] Artichoke—Cynara scolymus______100 500 24 Asparagus—Asparagus officinalis______100 500 25 9. A. Section 201.51(a) is amended so Asparagusbean—Vigna sesquipedalis...... 300 500 8 Beans: j that the heading would read as follows: Garden—Phaseolus vulgaris...... 500 500 4 “(a) Seeds and seed-like structures from Lima—Phaseolus lunatus var. macrocarpus...... 500 500 2 Runner—Phaseolus coccíneas...... 500 500 1 crop plants—” and subparagraph (1) is Beet—Beta vulgaris______-50 300 60 amended to read as follows: “(1) Pieces 500 500 of broken or otherwise damaged seeds Broccoli—Brassica olerácea var. botrytis..... ___.... ______10 50 315 Brussels sprouts—Brassica olerácea var. gemmifera______10 50 315 one-half the original size or less. (See 15 100 § 201.48(b) and (i) .)” Cabbage—Brassica olerácea vor. capitata...... 10 50 315 Cabbage, Chinese (Petsai)—Brassica pekinensis______5 50 635 B. Section 201.51(b) is amended as Cabbage, tronchuda—Brassica olerácea var. tronchuda____ 10 50 follows: 100 500 Carrot—Daúcus carota______3 50 825 a. Delete the heading “Weed plants—” Cauliflower—Brassica olerácea var. botrytis___i ------10 50 315 following “(b) ” and insert the following: Celeriac—Apium graveolens var. rapaceum...... 1 25 2,520 “Seeds and seed-like structures from Celery—Api«»» graveolens var. dulce__ ...... ______1 25 2,520 Chard, Swiss—Beta vulgaris vox. cicla______50 300 60 weed plants, which by visual examination Chicory—Chichorium iñtybus------3 50 940 (including the use of transmitted light 10 50 Citron—Citrullus vulgaris______200 500 11 or dissection) can be demonstrated as Cöllärds—Brassica olerácea var. acephala______10 50 315 falling within the following categories—” 500 500 Cornsalad—Válerianella locusta var. olitoria: b. Subparagraph (2) reads as follows: Vars. Fullhearted and Dark Green Fullhearted...... 5 50 All other varieties______... ------10 50 380 (2) Damaged caryopses of grasses, in­ Cowpea—Vigna sinensis------300 500 8 cluding free caryopses of quackgrass, Cress: Agropyron repens, with over one-half Garden—Lepidium sativum. ------...... 5 50 425 TJplant—Barberea verna------2 35 1,160 the root-shoot axis missing (the scutella Water—Rorippa nasturtium-acquaticum______1 25 5,170 excluded); Immature grasses—florets of Cucumber—Cucumis sativus...... — 75 500 40 Dandelion—Taraxacum officinale...... 2 35 1,240 quackgrass in which the caryopses are Eggplant—Solanum melongena var. esculentum...... 10 50 230 less than one-third the length of the Endive—Cichorium endivid...... 3 50 940 Kale—Brassica olerácea var. acephala------10 50 316 palea and free caryopses devoid of em­ Kale, Chinese—Brassica olerácea var. alboglabra...... 10 50 bryo; Undeveloped grasses—glumes and 10 50 Kohlrabi—Brassica olerácea var. gdhgylodes...... 10 50 315 florets devoid of both embryo and en­ Léek—Allium pbrrum.______...... 1;------7 50 395 dosperm. Lettuce—Latuca sativa______3 50 890 Muskmelon (cantaloupe)—Cucumis meló______. . . ____ 50 500 45 c. Subparagraph (4) reads as follows: Mustard—Brassica júncea...... 5 50 625 Mustard, spinach—Brassica pervirtáis...... 5 50 535 (4) Undeveloped seed units, devoid of Okra—Hibiscus esculentus______¡------100 500 19 such as Onion—Allium cépg______—...... -...... 7 50 340 both embryo and endosperm, 10 50 occur in the following plant families: Pak-eboi—Brassica chiñensis___.... ------5 50 635 Sedge (Cyperaceae) , buckwheat (Poly- Parsley—Petroselinum hortense (P . crispum)______5 50 650 Parsnip—Pastinaca sativa...... —------5 50 430 gonaceae), morning-glory (Convolvula- Pea—Pisum sativum...... ------500 500 3 cede), nightshade (.Solanaceae), and Pepper—Capsicum spp------15 150 165 Pumpkin—Cucurbita pepo------500 500 5 sunflower (Compositae). Cocklebur Radish—Raphanus sativus------30 300 75 (.Xanthium spp.) burs are to be dissected Rhubarb—Rheum rhaponticum______50 300 60 Rutabaga—Brassica napus var. napobrassica______5 50 430 to determine whether or not seeds are Salsify— Tragopogón porrifolius------50 300 65 present. (See § 201.52.) Sorrel—Rumex acetosa------. ------2 35 1,080 Soybean—Glycine max______500 500 6-13 d. Delete subparagraph (6). Spinach—Spmacia oleráceo...------25 150 100 Spinach, New Zealand—Tetragonia expansa______200 500 13 e. Renumber subparagraph (7) and Squash—Cucúrbita moschata añd C. maxima...... ______200 500 14 amend to read as follows: Tomato—Lycopersicon esculentum______5 50 405 Tomato, husk—Physalis pubescens______2 35 1,240 (6) Dodder (Cuscuta): Seeds devoid Turnip—Brassica rapa______..... ------5 50 535 of embryos. Questionable seeds should Watermelon—Citrullus vulgaris______200 500 11 be sectioned. Questionable seeds in­ clude those that may have normal or near 1 Rhizomatous derivatives of a JohnsongraSs X sorghum cross or a Johnsongrass X Sudangrass cross. normal color, but are slightly swollen, § 201.47 [Amended] § 201.48 Kind or variety considered dimpled, or with “pin-point” holes. pure seed. Seeds that are ashy gray to creamy white 6. Section 201.47 is amended as fol­ * ❖ ♦ % # in color are inert. lows: Paragraph (d) is amended by deleting (b) Pieces of broken and otherwise f. Renumber subparagraph (8) and damaged seeds that are larger than one- amend to read as follows: the phrases “(except Agrostis species)” half the original size, except as provided and “(except Agrostis species, which (7) Buckhom (.Plantago lanceolate): in paragraph (i) of this section. Black seeds with no brown color evident, shall toe determined by count) ”, * * * * * 7. Section 201.48 (to) and (i) are whether shriveled or plump. (The color (i) Insect-damaged seeds, provided theof questionable seeds shall be determinea amended to read as follows: damage is entirely internal, or the open­ by the use of a stereoscopic microscope Friday, June 18, 1965 FEQÇRAL REGISTER 7891 with magnification of approximately 10 X (iv) One complete cotyledon or two (vi) Part of one cotyledon or two and a fluorescent lamp with two 15-watt broken cotyledons with half or more broken cotyledons with less than half of daylight type tubes.) original cotyledon tissue remaining at­ the cotyledon tissue remaining attached; g. Subparagraph (9) would be re­tached to the (epicotyl must be or (vii) various combinations of the numbered (8) and subparagraph (10) present); abnormalities described. renumbered as (9). c. Paragraph (b) (2) (v) reads as § 201.58 [Amended] § 201.51a [Amended] follows: 14. Section 201.58 is amended as 10. Section 201.51a is amended as fol­ (v) Part of one cotyledon or two follows: lows: broken cotyledons with less than half of a. Paragraph (a) (2) reads as follows: a. In the last sentence of the lead the original cotyledon tissue remaining (2) Light. Cool white fluorescent paragraph delete “is” between the words attached. light shall be provided where light is “test” and “made” and insert “may be.” d. In paragraph (b) (2) delete sub- required in table 2. The light intensity b. Add a new paragraph (c) as follows: paragraph (viii) and insert the follow­ shall be 75 to 125 foot-candles (750-1,250 (c) With exception of chewings fescue,ing: “(viii) epicotyl absent; or (ix) vari­ lux). (The light intensity for non- these methods are not applicable to the ous combinations of the abnormalities dormant seed and during seedling de­ kinds listed when they occur in mixtures described.” velopment may be as low as 25 foot- of kinds. * ' \ 12. Section 201.56-5 is amended as candles to enable the essential structures follows: to be evaluated with greater certainty.) § 201.56—2 [Amended] Paragraph (d) reads as follows: The seeds shall be illuminated for at 11. Section 201.56-2 is amended as least 8 hours every 24 hours except when §201.56—5 Grass family (Gramineal). transferred to a low temperature ger- follows: * * * * * a. Paragraph (a) reads as follows: minator during the weekend.. When (d) Sorghum spp. (1) Normal seed­seeds are germinated at alternating tem­ (a) Lettuce: The interpretations of lings include those that have (i) one peratures they shall be illuminated dur­ lettuce are made only at the vigorous primary root, usually with well- ing high temperature periods. Seeds for end of the test period. When used to developed lateral branches by the end of which light is prescribed shall be germi­ describe seedling structures, “normal the test period; (ii) short primary root, nated on top of the substratum except length” means that length attained by but with at least two vigorous lateral for ryegrass fluorescence tests. a vigorous sample of the same variety of roots; (iii) well-developed green leaves lettuce as the one being tested when both not badly split, regardless of whether b. Insert after the second sentence in are placed under the same test condi­ coleoptiles are split; (iv) slight infection paragraph (a) (8) the following wording: tions. Necrosis on lettuce cotyledons is by fungi, provided none of the essential “The temperature shall be determined manifested by softenéd, grayish, black­ seedling structures have been damaged; at the substratum level and shall be as ish, or reddish areas on the cotyledons. (v) red coloration on the roots and on uniform as possible throughout the (This necrosis first appears on the mid­ the coleoptile of the shoot, caused by chamber. (A sharp alter­ rib and lateral veins and should not be natural pigments, provided the seedling nation of temperature, such as obtained confused with the natural pigmentation is otherwise normal. by hand transfer, may be beneficial in or insect injury. Seedlings with exten­ (2) Abnormal seedlings include those breaking dormancy.) ” sive necrotic areas on the cotyledons are that have (i) no roots; (ii) weak, spindly, c. Paragraph (a) (9) reads as follows: slower in growth and shorter than those or short primary root, and less than two (9) Paper substrata must be free of without such affected areas.) vigorous lateral roots (often associated chemicals toxic to germinating seed and (1) Normal seedlings inclüdé those with decay of the grain); (iii) no plu­ seedling growth. If root injury occurs that have (i) roots over half the usual mule, but only the sheath or coleoptile; from toxicity of a paper substratum or length for vigorous seedlings; (ii) hypo- (iv) a shortened plumule, extending no from the use of potassium nitrate, retests cotyls over half the usual length for more than one-half the way up through shall be made on soil or on a substratum vigorous seedlings, with no cracks or the coleoptile; (v) a spindly, pale moistened with water. lesions extending into the central con­ plumule, usually associated with moldy d. Paragraph (b) (9) reads as follows: ducting tissues; (iii) two cotyledons free seeds; (vi) shattered and longitudinally of necrosis (the and root split plumules, with or without splitting (9) Rice (Oryza sativa)—Alternate should be more than half normal of the coleoptile; (vii) decayed plumules, method: Plant the seeds in moist sand. length) ; and (iv) an epicotyl entirely provided the decay is not due to improper On the seventh day of the test add water free of decay. testing conditions (the plumules usually to a depth of one-fourth inch above the (2) Abnormal seedlings include those appear weak and show decay near the sand level and leave for the remainder of that have (i) no roots, or roots clearly point of attachment of the grain, which the test. Only a final count is made. less than half normal length with root is usually decayed); or (viii) various Dormant seeds: Presoak 24 to 48 hours tips blunt, swollen, or discolored; (ii) a combinations of the abnormalities de­ in 40° C. water. Por deeply dormant bypocotyl clearly less than half normal scribed. length, or severely twisted or grainy, or seeds, presoak 24 hours in 1,000 p.p.m. with cracks or lesions extending into the * * * * * ethylene chlorohydrin or 5 percent solu­ central conducting tissue; (iii) only one § 201.56—6 [Amended] tion of sodium hypochlorite (clorox at cotyledon; (iv) either cotyledon showing 13. Section 201.56-6 is amended as bottle strength). cJiy degree of necrosis (the hypocotyl follows: e. Paragraph (b) (11) reads as follows: and root are usually less than half a. Delete following the wording in (11) Trifolium, Medicago, Melilotus, normal length), or swollen cotyledons paragraph (b) (1) (iv) the word “or” and (usually grayish or darkened) with ex­ insert after the wording in “(v) ” the fol­ and Vicia faba; temperature require- tremely short or vestigial hypocotyl and lowing: “or (vi) at least one complete ments. A temperature of 18° C. is de­ root (seed coat usually adhering to cotyledon or two broken cotyledons with sirable for Trifolium spp., Medicago spp., tne cotyledons) ; or (v) no epicotyl or if half or more of the cotyledon tissue re­ Melilotus spp., and Vicia faba. tne epicotyl shows any degree of decay or necrosis. maining attached to the seedling.” f. Revise table 2 in paragraph (c) with b. Delete the word “or” following para­ respect to the requirements for testing ^Paragraph (b) (1) (iv) reads as fol- graph (b) (2) (v) and all of paragraph the agricultural and vegetable seeds as (b) (2) (vi) and insert the following: listed below: 7892 7892 Beggarweed, Florida... _ Col. 7—delete “10-30° C.; KNO,.”. Wheatgrass—Continued Bluegrass, Canada____ . Col. 7—delete KNOa.”. Standards crested ______Col. 3—delete “20-30”; add “15—25”. Bluegrass, glaucantha. _ Col. 7—delete "do”. Col. 1—delete “Alternate Method” and delete requirements Bluegrass, Kentucky. _ Col. 1—delete “including var. Merlon” and add “all vars.”. in all columns pertaining to alternate method. Col. 3—delete “10-30” and add “15-25”. Intermediate ______Col. 3—delete “20-30”; add “15-25”. Brome, field______. Col. 1—delete “Alternate method” and requirements in all Col. 6—delete “Light,”; add “do”. the columns pertaining to the alternate method. Col. 7—add “do”. Col. 3—delete “15-30” and add “15-25” after "20-30”. Col. 1—delete “Alternate Method” and delete requirements Canarygrass, reed. . Col. 7—delete “KNOs”. in all columns pertaining to alternate method. C o tto n ______; _ Col. 3—add “; 30” after “20-30”. P u b e sc e n t______. Col. 3—delete "20-30”; add “15-25”. Fescue, chewlngs. _ Col. 1—delete "Alternate method” and requirements in all Col. 6—delete “Light”; add “do”. columns pertaining to the alternate method. Col. 7— ad d “do”. Fescue, hard ____ _ Col. 6—a d d “L ig h t & KNO, o p tio n a l”. Col. 1—delete “Alternate Method” and delete requirements Col. 1—delete “Alternate method” and requirements in all in all columns pertaining to alternate method. columns pertaining to the alternate method. S ib eria n ______Col. 6—delete “Light; KNO,”; add “do”. Fescue, h a ir____ _ Col. 6—add “light” before “KNO,”. Col. 7— add “do ”. Fescue, meadow.. _ Col. 3—delete “; 20-30”. S lender______Col. 3—-delete “20-30”; add "16-25; 10-30”. Col. 1—delete “Alternate method” and requirements in all Col. 6—delete “Light”; add "do”. columns pertaining to alternate method. Col. 7—delete “then place at 20-30° C. for 4 days.”. Fescue, red.____ _ Col. 1*—delete "Alternate method” and requirements in all Streambank — r ------col. 3—delete “20-30”; add “15-25”. columns pertaining to alternate method. Col. 6—delete “Light”; add "do”. Fescue, sheep___ _ Col. 6—add “and KNO, optional” after the word “light”. Col. 1—delete “Alternate Method” and delete requirements Col. 1—delete “Alternate method” and requirements in all in all columns pertaining to alternate method. columns pertaining to alternate method. T all ...... Col. 3—delete “20-30”; add “15-25”.

Fescue, tall______- Col. 3—delete “20-30”; add “15-25”. Col. 7—a d d “do ”. REGULATIONS AND RULES Col. 1—delete “Alternate method” and requirements in all Col. 1—delete “Alternate Method” and delete requirements columns pertaining to alternate method. in a ll c o lu m n s p e rta in in g to a lte rn a te m eth o d . G u a r______. Col. 2—add “B” before “T”. W e s te rn ------Col. 3—add “15-25”. Hardinggrass______. Col. 6—delete “do”; add “Light”. Col. 6— ad d “d o ”. Col. 7—delete "do”; add “KN03”. Col. 7—add “and prechill at 5° or 10° C. for 7 days” after L e n til..______Col. 2—add “T” after “B”. “soil”. Millet, Browntop______. Col. 7—delete “; or”; add “and”. W ildrye: R u ssia n ------Col. 6— a d d “do ”. Orchardgrass______. Col. 3—add “15-25;” before “20-30”. Celery — ------— Col. 7—delete “KNO3 and prechill at 10° C. for 3 days.”. Panicgrass, green______.. Col. 3—delete “20-30”; add “15-35”. Comsalad _ J ______- __— — Col. 7— delete “or 15° C.”. Col. 6—delete “do”; add “Light; KNO, optional.”. Cress: Garden ------Col. 6—delete “Light”. P e a n u t______. Col. 3—add “; 25” after “20-30”. Col. 7—delete “Test at 15* C. and light.”; add “Light”. Col. 7—add “Predry up to 14 days at 40° C.”. Add “Upland—Barbarea ver- Col. 2—add “P,TB”. R ice______. Col. 3—add “; 30” after "20-30”. na” under “Cress” in al- Col. 8—add “20-35”. Col. 7—add “Presoak, see par. (b) (9).”. phabetical order. Col. 4—add “4”. Ryegrass, Italian!______- Col. 1—delete “Italian”; add “annual (Italian)”. Col. 5— ad d “7”. Sesam e____’______. Col. 2—delete “P”; add “B,T,TB”. Col. 6—add “Light; KNO3”. Sorghum : grain & sweet. . Col. 7—delete present wording. Rewrite as follows: “Pre­ E n d iv e ______Col. 7—delete “See pars, (a)(9) and (b)(6).”. Add "See chill grain varieties at 5° or 10° C. for 5 days; test sweet p ar. (b)(6 ).”. varieties at 30-45° C., maintaining 45° C. for 2-4 hours L e t t u c e ...... Col. 6 —delete “photos 2417,2418,19559,19560.”. p er d ay .” P e p p e r ______Col. 2— d elete “P ”; ad d “T ”. Sorghum almum. . Col. 3—add “15-35” after “20-35”. S p in a c h ______Col. 2—add “RT”. Col. 7—add “Upon the 10th day of test, clip or pierce the T o m a to ______Col. 2—a d d “T ”. distal end of ungerminated seeds.” W a te r m e lo n ______*____Col. 3—delete “15”; add “25”. S orgrass____ . Col. 3—add “20-35” after “15-35”. Timothy. ... . Col. 3—add “15-25” after “20-30”. § 201.58a [Amended] b. Delete “biennial” in each place in Col. 7—add “KNO, and” before “prechill”. 15. Sectiori 201.58a is amended aswhich it occurs in paragraph (b). Vasey grass_ .. Col. 7—delete “do”; add “KNO,”. follows: § 201.102 [Amended] Wheatgrass: a. Add the following subparagraph 16. Section 201.102 is amended by B eardless. . Col. 6—delete “Light; KNO,”; add “Light and KNO, op­ (8) to paragraph (a ): tio n a l”. changing the percentage specified for Col. 7—add “KNO, and prechill at 5° C. or 10° C. for 7 (3) Varieties of annual or perennialveldtgrass from 35 to 25 and by insert­ days.”. ryegrass having as a characteristic a ing in alphabetical order in the list of Fairway crested. . Col. 3—delete “20-30”; add “15-25”. percentage of fluorescence less than 100 kinds of seed and percentages as fol- Col. 6—delete “light optional”; add “do”. percent for an annual variety or more lows: Col. 7—delete “KNO, and prechill at 5° C. or 10° C. for 7 than 5 percent for a perennial variety Sorghum almum ______65 days”; add “do”. shall not be subjected to the formulas in Johnsongrass ______65 Col. 1—delete “Alternate Method” and delete requirements subparagraphs (1) and (2) of this para­ [F.R. Doc. 65-6440; Filed, June 17, 1965; In all columns pertaining to alternate method. graph for a determination as to kind. 8:49 a m .] 7893 Friday, June 18, 1965 FEDERAL REGISTER the Dr. Dupuis variety and adding in Chapter IX— Consumer and Market­ (30 FJR. 7240) are hereby amended by revising in Table I, certain dates and such table the K-5 variety so that after ing Service (Marketing Agreements minimum weights and diameters appli­ such revision and addition the portion and Orders; Fruits, Vegetables, cable to the Fuchs and Dr. Dupuis vari­ of such Table I relating to such varieties Tree Nuts), Department of Agricul­ eties of avocados, clarifying the name of reads as follows; ture Minimum Minimum [Avocado Order 7, Arndt. 1] weight or Date weight or Date weight or Date Variety Date diameter pART 915—AVOCADOS GROWN IN diameter diameter , _ (8) SOUTH FLORIDA (1) (2) (3) (4) (5) (6) (7)

Limitation of Shipments 6-21-65 14 oz. 394« in-- 7- 5-65 12 oz. 394« in.. 7-26-65 10 oz. 21fia in. 8-9-65 7-12-65 7-26-65 8- 9-66 Findings. (1) Pursuant to the mar­ 7-19-66 14 «7 8-23-65 keting agreement, as amended, and this part (Order No.-915, as amended), reg­ (c) The provisions of this amendmentduced the percentage of fluid milk prod­ ulating the handling of avocados grown shall become effective at 12:01 a.m., e.s.t„ ucts required to be distributed on routes in south Florida, effective under the June 21,1965. to 40 percent in all months. This action applicable provisions of the Agricultural will eliminate for May 1965, the 40 per­ Marketing Agreement Act of 1937, as (Secs. 1-19, 48 Stat. 31, as amended; 7 Ü.S.C. cent requirement. To be qualified as a amended (7 U.S.C. 601-674), and upon 601-674) pool distributing plant for the month of the basis of the recommendations of the Dated; June 15,1965. May 1965, a plant must have disposed of Avocado Administrative Committee, es­ P aul A. Nicholson, on routes in the marketing area fluid tablished under the aforesaid marketing Deputy Director, Fruit and milk products equal to not less than 15 agreement and order, and upon other Vegetatile Division, Consumer percent of the fluid milk product dispo­ available information, it is hereby found and Marketing Service. sition from the plant on routes. that the limitation of handling of avo­ Proponent states that increased pro­ cados, as hereinafter provided, will tend [F.R. Doc. 65-6441; Filed, June 17, 1965; duction and a decrease in Class I sales to effectuate the declared policy of the 8 :49 a m .] have made it impossible for the cooper­ ative association to maintain pool plant (2) It is hereby further found that it Chapter X— Consumer and Marketing status during May 1965, for all of its is impracticable, unnecessary, and con­ Service (Marketing Agreements and plants which have been pool plants in trary to the public interest to give pre­ previous months. liminary notice, engage in public rule Orders; Milk), Department of Agri­ (4) This suspension action is based on making procedure, and postpone the culture ' a request by Federated Dairy Farms, Inc. effective date of this amendment until [Milk Order 136] Members of this cooperative association 30 days after publication thereof in the represent in excess of two-thirds of the Federal R eg iste r (5 U.S.C. 1001-1011) PART 1136— MILK IN GREAT BASIN producers in the Great Basin marketing in that the time intervening between the MARKETING AREA area. This suspension will permit dairy date when information upon which this farmers who have supplied the fluid re­ amendment is based became available Order Suspending Certain Provision quirements of the market in previous and the time when this amendment must Pursuant to the provisions of the months to maintain producer status for become effective, as hereinafter set forth, Agricultural Marketing Agreement Act the month of May. in order to effectuate the declared policy of 1937, as amended (7 U.S.C. 601 et seq.), Therefore, good cause exists for mak­ of the act is insufficient; a reasonable and of the order regulating the handling ing this order effective on date of time is permitted, under the circum­ of milk in the Great Basin marketing signature. stances, for preparation of such effec­ area (7 CFR Part 1136), it is hereby It is therefore ordered, That the afore­ tive time; and good cause exists for mak­ found and determined that: said provision of the order is hereby ing the provisions hereof effective not (a) The following provision of thesuspended for the month of May 1965. later than the date hereinafter set forth. order no longer tends to effectuate the A reasonable determination as to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. declared policy of the Act for the month 601-674) quality and the time of maturity of of May 1965 : avocados must await the development of In § 1136.11(a) “there is disposed of Effective date. On date of signature. the crop; a determination as to the on routes fluid milk products equal to stage of maturity of the varieties of Signed at Washington, D.C., on June not less than 40 percent of the receipts 14,1965. avocados covered by this amendment was during the month at such plant of made at the meeting of the Avocado Ad­ J ohn A. S chnittker, producer milk and receipts at the plant Acting Secretary. ministrative Committee on June 9, 1965. of fluid milk products from plants de­ After consideration of all available in­ scribed pursuant to paragraph (b) of- [F.R. Doc. 65-6418; Filed, June 17, 1965; formation relative to the growing condi­ this section, and.” 8 :47 a m .] tions prevailing during the current sea­ Notice of proposed rule making, public son, recommendations and supporting procedures thereon, and 30 days notice information for such maturity regula­ of the effective date hereof are imprac­ tions were submitted to the Department; tical, unnecessary, and contrary to the Title 9— ANIMALS AND such meeting was held to consider rec­ public interest in that: ommendation for such regulation after (1 ) This suspension order does not ANIMAL PRODUCTS giving due notice thereof, and Interested require of persons affected substantial Chapter I—-Agricultural Research Parties were afforded opportunity to sub­ or extensive preparation prior to the Service, Department of Agriculture mit their views at this meeting; the pro­ effective date. visions hereof are identical with the (2) This suspension order is necessary PART 97— OVERTIME SERVICES RE­ aforesaid recommendations of the com- LATING TO IMPORTS AND EXPORTS “Pttee and information concerning such to reflect current marketing conditions Provisions has been disseminated among and to maintain orderly marketing con­ Administrative Instructions Prescrib­ the handlers of avocados; and com­ ditions in the marketing area. ing Commuted Travel Time Allow­ (3) This suspension order will reduce pliance with the provisions hereof will ances hot require of handlers any preparation for the month of May 1965, requirements therefor which cannot be completed by for pool plant qualifications of distribut­ Pursuant to the authority conferred the effective time hereof. ing plants. A suspension order effective upon the Director of the Animal Inspec­ (b) it is, therefore, ordered that the January 1, 1965, for the period of Janu­ tion and Quarantine Division by § 97.1 Provisions of paragraph (b) Of § 915.307. ary 1, 1965, through July 31, 1965, re­ of the regulations concerning overtime 7894 RULES AND REGULATIONS services relating to imports and exports, Done at Hyattsville, Md., this 15th motional material, and on stationery, effective August 18, 1964 (9 CFR 97.1), day of June 1965. business forms, etc. These Guides aré administrative instructions (9 CFR 97.2) L. C. H eemstra, designed to assist others in a similar effective July 30, 1963, as amended May Director, Animal Inspection position in avoiding such unfair and 18,1964 (29 F.R. 6318), December 7,1964 deceptive practices as are violative of the (29 F.R. 16316) and April 12, 1965 (30 and Quarantine Division. Federal Trade Commission Act. F.R. 4609) prescribing the commuted [F.R. Doc. 65-6443; Filed, June 17, 1965; The Commission has a duty to move travel time that shall be included in each 8:50 a.m .] against violators and obtain compliance period of overtime or holiday duty, are with the laws it administers. However, hereby amended by adding to or delet­ as an administrative agency, the Com­ ing from the respective “lists” therein, as mission believes the more knowledge follows: Title 13— BUSINESS CREDIT businessmen have with respect to the W it h in M etropolitan Area requirements of such laws the more AND ASSISTANCE likelihood there is that compliance with o n e HOUR Chapter III—-Area Redevelopment them will be obtained. Delete : Bellingham, Wash. Administration, Department of - If a businessman knows what the legal Pitfalls are, he can steer his business O utsid e M etropolitan Area Commerce policies to avoid them. Furthermore, o n e HOUR PART 305— RETRAINING SUBSIST­ such knowledge is most useful in deter­ Add: Porthill, Idaho (served from Eastport, ENCE PAYMENTS mining when competitors are trying to I d a h o ) . use illegal methods. In other words, it Delete: Lynden, Wash.; (served from Blaine, Subpart A— Introduction pays for a businessman to know what W ash .). his rights are as well as his obligations. TWO HOURS Effective P eriod of P rogram Since the Guide is not intended to serve Delete: Tacoma, Wash, (served from Part 305 of the regulations of the Area "as comprehensive or precise statements S eattle, W a s h .). Redevelopment Administration, as pub­ of law, but rather as a practical aid to Add: Bellingham, Wash, (served from lished in the F ederal R egister of Octo­ the honest businessman who seeks to Blaine, W ash.). ber 24, 1961 (26 F.R. 9933-9943), as conform his conduct to the requirements Add: Lynden, Wash, (served from Blaine, amended, is hereby further amended as of fair and legitimate merchandising, it W a s h .). follows: will be of no assistance to the few whose THREE HOURS Section 305.2 of Subpart A is revised aim is to walk as close as possible to the Delete: Port Angeles, Wash, (served from to read as follows: line between legal and illegal conduct. It is to be considered as a guide, and not Seattle, W ash.). § 305.2 Effective period of program. Delete: Anacortes, Wash. (served from Bel­ as a fixed rule of “do’s” and “don’ts,” or lingham, W ash.). Retraining payments shall be payable detailed statements of the Commission’s Add: Tacoma, Wash, (served from Seattle, in accordance with the terms of section enforcement policies. The fundamental W a s h .). 17 of the Act to trainees enrolled in spirit of the Guide will govern its appli­ FOUR HOURS training programs approved under sec­ cation. Add: Anacortes, Wash, (served from Blaine tion 16 of the Act for any week begin­ § 14.14 Guide for avoiding deceptive use or Seattle, W ash.). ning on or after May 1, 1961, or on or of word “mill.” Add: Hueneme, Calif, (served from San after the date of the agreement with the Pedro, Calif.). State, whichever is later.- (a) General rule. Simply stated, the Add : Ontario, Calif, (served from San general rule is that the word “mill” Pedro, Calif.). In accordance with the provisions of should not be used in the corporate, SIX HOURS section 4 of the Administrative Proce­ business, or trade name of any person or Add: Port Angeles, Wash, (served from dure Act (5 U.S.C. 1003) it has been concern handling textiles, or in any Seattle, W ash.). found that notice and hearing on the other manner, unless the person or con­ Add: Edwards Air Force Base, Calif, (served aforesaid Part 305 is unnecessary for the cern actually owns and operates or di­ from San Pedro, Calif.). reason that all matters therein relate to rectly and absolutely controls the manu­ Add: March Field, Calif, (served from San agency management, personnel, loans, facturing facility in which all textile ma­ Pedro, Calif.). grants, or benefits; and for the reason terials which are sold under that name Add: San Luis Obispo (served from San that because of the nature of these rules, Pedro, Calif.). are produced. such notice and hearing would serve no (b) The requirement of operational These commuted travel time periods useful purpose. The provisions of this control. (1) For a firm to qualify as a have been established as nearly as may be part of Chapter i n of Title 13 are effec­ bona fide mill it must exercise direct and practicable to cover the time necessarily tive as of this date. absolute control over the milling facility spent in reporting to and returning from Dated: June 11,1965. in which its merchandise is produced. the place at which the employee per­ Contracting to have milling operations forms siich overtime or holiday duty William L. Batt, Jr., performed by others will not qualify one when such travel is performed solely on Area Redevelopment Administrator. as a mill. account of such overtime or holiday duty. [F.R . Dock 65-6382; Filed, June 17, 1965; (2) A distributor who furnishes yarns Such establishment depends upon facts 8:45 a.m .] and other materials to a knitting mill ior within the knowledge of the Animal In­ manufacture into garments according t spection and Quarantine Division. the distributor’s specifications is not a It is to the benefit of the public that mill because it does not exercise dire these instructions be made effective at Title 16-COMMERCIAL and absolute operational control over tn the earliest practicable date. Accord­ milling operations. A firm having ingly, pursuant to the provisions of sec­ PRACTICES written “lease” with a mill whereby tion 4 of the Administrative Procedure Chapter I— Federal Trade Commission mill allocated five of its looms and Act (60 Stat. 238) it is found upon good workers at such looms to manufa cause that notice and public procedure PART 14— ADMINISTRATIVE ribbon for the jobber from on these instructions are impracticable, INTERPRETATIONS supplied by, and according to ms unnecessary, and contrary to the public tions from, the jobber is not a mm io interest, and good cause is found for Guide for Avoiding Deceptive Use of the same reason. Even if a nnt making these instructions effective less Word “Mill” in Textile Industry the entire output of a mill, he doe than 30 days after publication in the Over the years the Commission has thereby become a mill. .. Federal R egister. received and acted on a number of com­ (c) Examples of deceptive usage of These revised administrative instruc­ plaints that sellers of textile products word “mill:’ Illustrative situations tions shall be effective on and after June were misrepresenting themselves as which use of “mill” in d^ignating 21,1965. manufacturers by use of the word “mill” status has been found to be decep (64 Stat. 561; 5 U.S.C. 576) in their trade name, in advertising, pro­ t.Vio frYI! rvunru? • Friday, June 18, 1965 FEDERAL REGISTER 7895

(1) A corporation which purchased PART 213— EXCEPTED SERVICE a petition (FAP 1C0421), filed by Geigy unfinished silk and rayon cloth from Chemical Corp., Sawmill River Road, weavers or manufacturers, caused such Department of Health, Education, and Ardsley, N.Y., and other relevant data, cloth to be dyed, printed, or processed Welfare has concluded that the food additive into finished dry goods by others and Section 213.3116(f) is amended to re­ regulations should be amended to pro­ sold such goods to retailers, members of flect the current designation of the Pres­ vide the conditions under which disodium the cutting up trade and others; ident’s Council on Physical Fitness. EDTA may be safely used in feed for (2) A tailor who made made-to- ruminants. Therefore, pursuant to the Effective on publication in the F ederal measure suits but did not produce the provisions of the Federal Food, Drug, R e g is t e r , the headnote and subpara­ and Cosmetic Act (sec. 409(c) (1), 72 cloth from which the suits were made; graph (1) of paragraph (f) of § 213.3116 (3) A selling agent who represented a is amended as set out below. Stat. 1786; 21 U.S.C. 348(c)(1)), and number of suit fabric manufacturers;, under the authority delegated to the (4) An independent retailer who § 213.3116 Department of Health, Ed­ Commissioner by the Secretary of claimed to be a “mill’s outlet.” ucation, and Welfare. ■ Health, Education, "'and Welfare (21 (d) Exception to general rule. (1) ♦ * * * •* CFR 2.90), Subpart C of the food addi­ Under the exceptional circumstances set (f) The President’s Council on Physi­tive regulations is amended by adding forth below, the Commission may permit cal Fitness. (1) Three staff assistants, thereto a new section, as follows: a nonmanufacturing concern to continue The President’s Council on Physical § 121.271 Disodium EDTA. to use the word “mill” in its trade name Fitness. provided that it is accompanied by a ***** The food additive disodium EDTA qualifying phrase which clearly states (disodium ethylenediaminetetraacetate) that the concern is not a mill and does (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, may be safely used in ruminant feeds, in not own or operate a facility which man­ 3 CFR, 1954-58 Comp., p. 218) accordance with the following prescribed ufactures textiles. This exception only conditions: applies if (i) the name of the concern U n it e d S t a t e s C iv il S erv ­ (a) The food additive contains a mini­ has become a valuable business asset and ic e C o m m is s io n , mum of 99 percent disodium ethylene- its loss would result in a substantial [ se a l ] M ary V . W e n z e l , hardship and (ii) the qualifying phrase Executive Assistant to diaminetetraacetate dihydrate (CioHuOs will eliminate all possibility of deception. the Commissioners. N2Naa*2H20). (b) It is used to solubilize trace min­ (2) Factors to be taken into consid­[FJt. Doc. 65-6428; Filed, June 17, 1965; eration in determining whether a trade 8:47 a.m .] erals in aqueous solutions, which are name has become a valuable business then added to ruminant feeds. asset the loss of which would become a (c) It is used or intended for use in hardship are as follows: PART 213— EXCEPTED SERVICE an amount not to exceed 240 parts per (i) Extent and period of time during million (0.024 percent) of the additive which the name has been used; Peace Corps (ii) Funds and efforts expended in es­ in finished feed. tablishing and promoting the name; Section 213.3360 is amended to show (d) To assure safe use of-the additive (iii) The extent of the goodwill en­ the exception under Schedule C of the the label and labeling shall bear: joyed by the company; position of Confidential Assistant to the (1) The name of the additive; and (iv) The adverse effect on the com­ Director. Effective on publication in the (2) Adequate mixing directions to in­ pany that could reasonably be expected F ederal R e g is t e r , paragraph (aa) is sure that the chelated trace-mineral ml* if use of the word “mill” had to be added to § 213.3360 as set out below. is uniformly blended throughout the feed. discontinued. § 213.3360 Peace Corps. Any person who will be adversely af­ (Secs. 5, 6, 38 S ta t. 719, as am en d ed , 721; 15 TJ.S.C. 45,46) V ***** fected by the foregoing order may at any (aa) One Confidential Assistant to the time within 30 days from the date of Effective: September 16, 1965. Director. its publication in the F ederal R e g is t e r By direction of the Commission. (R.S. 1753, sec. 2, 22 Stat. 403, as amended; file with the Hearing Clerk, Department of Health, Education, and Welfare, Room [seal] J o s e p h W . S h e a , 5 TT.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, Secretary. 3 CFR, 1954-58 Comp., p. 218) 5440, 330 Independence Avenue SW., Washington, D.C., 20201, written objec­ [PJl. Doc. 65-6373; Filed, June 17, 1965; U n it e d S t a t e s C iv il S erv ­ 8:45 aun.] ic e C o m m is s io n , tions thereto, preferably in quintupli- [ s e a l ] M a ry V. W e n z e l , cate. Objections shall show wherein Executive Assistant to the person filing will be adversely af­ Title 5— ADMINISTRATIVE the Commissioners. fected by the order and specify with par­ [F J t. Doc. 65-6480; F iled, J u n e 17, 1965;, ticularity the provisions of the order PERSONNEL 8:48 a.m .] deemed objectionable and the grounds for the objections. If a hearing is re­ Chapter I— Civil Service Commission quested, the objections must state the PART 213— EXCEPTED SERVICE issues for the hearing. A hearing will Title 21— FOOD AND DRUGS be granted if the objections are supported Department of the Navy; Correction Chapter I— Food and Drug Adminis­ by grounds legally sufficient to justify In Federal Register Document 65-6100 tration, Department of Health,. Ed­ the relief sought. Objections may be appearing in the issue for June 11, 1965, accompanied by a memorandum or brief at page 7595, the word “Jimi” appearing ucation, and Welfare in support thereof. n the 4th and 13 th lines should be SUBCHAPTER B— FOOD AND FOOD PRODUCTS spelled “Jima”. Effective date. This order shall be effctive on the date of its publication in iRTTS0 *753. sec. 2, 22 S ta t. 403, as am ended; PART 121— FOOD ADDITIVES the F ederal R e g is t e r . o «¿P* 631> 633; E.O. 10577, 19 F.R. 7521, Subpart C— Food Additives Permitted 3 CPR- 1954-58 Comp., p. 218) (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 in Feed and Drinking Water of An­ U n it e d S t a t es C iv il S erv - ( c ) ( 1 ) ) imals or for the Treatment of Food- ic e C o m m is s io n , Dated: June 11, 1965. iseal] M ary V . W e n z e l , Producing Animals Executive Assistant to G e o . F . L a r r ic k , the Commissioners. D iso d itjm EDTA Commissioner of Food and Drugs. iïMt. Doc. 65-6429; Filed, June 17, 1965; The Commissioner of Food and Drugs, [F.R. Doc. 65-6435; Filed, June 17, 1965; 8:47 a.m .] having evaluated the data submitted in 8:48 a.m .] No. 117------s 7896 RULES AND REGULATIONS

PART 121—-FOOD ADDITIVES oil, with or without the addition of one PART 121— FOOD ADDITIVES or more suitable and harmless dispersing Subpart C— Food Additives Permitted agents and with or without the addition Subpart F— Food Additives Resulting in Feed and Drinking Water of An­ of a hardening agent. If it is intended From Contact With Containers or imals or for the Treatment of Food- solely for veterinary use and is conspicu­ Equipment and Food Additives Producing Animals ously so labeled, it may contain furalta­ done in accordance with § 121.249(a) (5) Otherwise Affecting Food SUBCHAPTER C— DRUGS of this chapter, nitrofUrazone, or cortico­ S l im ic id e s PART 146a— CERTIFICATION OF PEN­ tropin. Its potency is 300,000 units per ICILLIN AND PENICILLIN-CONTAIN­ milliliter, except if it is packaged and The Commissioner of Food and Drugs, labeled solely for veterinary use. Its having evaluated the data in a petition ING DRUGS moisture content is not more than 1.4 (FAP 5B1547) filed by Syracuse Uni­ Furaltadone, Procaine Penicillin G percent. It is sterile, unless it is pack­ versity Research Corp., 1075 Comstock aged and labeled solely for udder instilla­ Avenue, Syracuse, N.Y., 13210, and other A. The Commissioner of Pood and tions of cattle or subcutaneous injection relevant material, has concluded that Drugs, having evaluated the data sub­ in fowl, except that it is sterile if it is the food additive regulations should be mitted in a petition (PAP 4C1453) filed packaged and labeled solely for udder amended to provide for the use of an by Eaton Laboratories, Division of The instillations of cattle and it contains additional item in the preparation of Norwich Pharmacal Co., Post Office Box furaltadone. The procaine penicillin G slimicides used in the manufacture of 191, Norwich, N.Y., and other relevant used conforms to the requirements of paper and paperboard intended for food- material, has concluded that the food § 146a.44(a), except if the procaine peni­ contact use. Therefore, pursuant to the additive regulations should be amended cillin G in oil is packaged and labeled provisions of the Federal Food, Drug, and to provide safe conditions of use for an solely for udder instillations of cattle Cosmetic Act (sec. 409(c)(1), 72 Stat. additional formulation for the treatment and is not required to be sterile, the 1786; 21 U.S.C. 348(c)(1)), and under of bovine mastitis. Therefore, pursuant penicillin used is exempt from the re­ the authority delegated to the Commis­ to the provisions of the Federal Pood, quirements of paragraph (a) (2), (3), sioner by the Secretary of Health, Edu­ Drug, and Cosmetic Act (sec. 409(c) (1), and (4) of that section, or if packaged cation, and Welfare (21 CFR 2.90), 72 Stat. 1786; 21 U.S.C. 348(c) (1)), and and labeled solely for subcutaneous in­ § 121.2505(c) is amended by inserting under the authority delegated to the jection in fowl, the procaine penicillin G alphabetically in the list of substances a Commissioner by the Secretary of used is exempt from the requirements new item, as follows: Health, Education, and Welfare (21 CFR of paragraph (a) (2) and (3) of that 2.90), § 121.249(a) is amended by add­ section. The sesame oil and peanut oil § 121.2505 Slimicides. ing thereto a new subparagraph (5), as used conform to the standards prescribed .* * * * * follows: therefor by the U.S.P. The hardening (c) * * * § 121.249 Food additives for use in agent is a refined hydrogenated and de­ milk-producing animals. odorized peanut oil free from rancidity; * * * * * it has an iodine value of not more than List of substances Limitations (a) * * * 10; its free fatty acid content as oleic acid is not more than one-tenth of 1 * * # * # * (5) (i) It is sterile. It contains the fol­percent and its melting point is 64° l,3,6,8-TetraazotricycioJ6.2.1.13,6] dode- lowing in each 15 milliliters of suspen­ C. ±2° C. r cane. sion: * * * * « Furaltadone (5- (morpholinometliyl) -3-[ (5- * * * * * nitrofurfurylidene) amino] - 2 - oxazolidi- (Sec. 507, 59 Stat: 463 as amended; 21 U.S.C. 357) none) —500 milligrams. Any person who will be adversely af­ Procaine penicillin G—100,000 units. Any person who will be adversely af­ fected by the foregoing order may at any Vehicle: Peanut oil containing 2. percent fected by the foregoing order may at any time within 30 days from the date of its aluminum monostearate. time within 30 days from the date of its publication in the F ederal R egister file with the Hearing Clerk, Department of (ii) Treat lactating cows with 15 milli­publication in the F ederal R e g is t e r file liters of suspension in each infected with the Hearing Clerk, Department of Health, Education, and Welfare, Room quarter immediately after milking and Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., allow to remain in the quarter until 5440, 330 Independence Avenue SW., Washington, D.C., 20201, written objec­ the next milking. Repeat at 12- and 24- Washington, D.C., 20201, written objec­ tions thereto, preferably in quintuplicate. hour intervals if necessary. tions thereto, preferably in quintuplicate. Objections shall show wherein the per­ (ill) Milk taken from animals during Objections shall show wherein the per­ son filing will be adversely affected by treatment and for 96 hours (8 milkings) son filing will be adversely affected by the order and specify with particularity after the latest treatment must not be the order and specify with particularity the provisions of the order deemed ob­ used for food. the provisions of the order deemed ob­ jectionable and the grounds for the ob­ * id * id id jectionable and the grounds for the ob­ jections. If a hearing is requested, the jections. If a hearing is requested, the (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. objections must state the issues for the 3 4 8 (c )(1 )) objections must state the issues for the hearing. A hearing will be granted if hearing. A hearing will be granted if B. Under the authority vested in the the objections are supported by grounds the objections are supported by grounds Secretary of Health, Education, and legally sufficient to justify the relief legally sufficient to justify the relief Welfare by the Federal Pood, Drug, and sought. Objections may be accompanied sought. Objections may be accom­ Cosmetic Act (sec. 507, 59 Stat. 643 as by a memorandum or brief in support panied by a memorandum or brief in amended; 21 U.S.C. 357) and delegated thereof. to the Commissioner of Food and Drugs support thereof. by the Secretary (21 CPR 2.90), § 146a.45 Effective date. This order shall be Effective date. This order shall be (a) of the antibiotic regulations is effective on the date of its publication effective on the date of its publication in amended by changing the second, fifth, in the F ederal R e g is t e r . the F ederal R e g is t e r . and sixth sentences to read as set forth (Secs 409(c) (1), 507, 59 Stat. 463 as amended, (Sec. 4 0 9 (c )(1 ), 72 S ta t. 1786; 21 U.S.C. below. As amended, paragraph (a) 72 Stat. 1786; 21 U.S.C. 348(c)(1), 357) / reads as follows: 3 4 8 (c )(1 )) Dated: June 11, 1965. § 146a.45 Procaine penicillin G in oil. Dated: June 11, 1965. (a) Standards of identity, strength, G e o . P . L a r r ic k , Commissioner of Food and Drugs. G e o . P . L arrick, quality, and purity. Procaine penicillin Commissioner of Food and Drugs. G in oil is a suspension of procaine peni­ [F.R. Doc. 65-6437; Filed, June 17, 1965; cillin G in refined peanut oil or sesame 8:49 a.m .] [F.R. Doc. 65-6436; Filed, June 17, 1965, 8:48 a.m.] Friday, June 18, 1965 FEDERAL REGISTER 7897

the Federal Power Commission in DA- UMATILLA NATIONAL FOREST Title 43— PUBLIC LANDS: 1049-California, it is ordered as follows: (a) Pataha Site (order of 7-23-08). Subject to valid existing rights, the INTERIOR provisions of existing withdrawals and T. 9 N., R . 42 E., the requirements of applicable law, the Sec. 3, SWV4NWV4. Chapter II— Bureau of Land Manage­ following described lands in the Klamath Containing about 40 acres. ment, Department of the Interior National Forest, withdrawn in Power- (b) Administrative Site No. 1 (order of site Classification No. 116, shall at 10 1 -1 8-08). APPENDIX— PUBLIC LAND ORDERS a.m., on July 16, 1965, be open to such [Public Land Order 3695] T. 9 N., R . 42 E„ forms of disposition as may by law be Sec. 1, SE*4NW ]4; [New Mexico 0555539] made of national forest lands, subject to se c. 2 , lo t 1. the provisions of section 24 of the Fed­ NEW MEXICO eral Power Act of June 10, 1920, supra: Containing about 91.49 acres. OKANOGAN NATIONAL FOREST Partial Revocation of Public Land K lam ath N ational F orest Order No. 509 of July 30, 1948 HUMBOLDT MERIDIAN Ventura Site (order of 10-26-08). T. 37 N., R. 19 E., By virtue of the authority vested in T. 16 N„ R. 7 E „ Sec. 17, part. the President and pursuant to Executive Sec. 11, those portions of lots 5, 6, and Order No. 10355 of May 26, 1952, it is SVSj SW ^ lying N of the K lam ath River. Containing about 20 acres. ordered as follows: The areas described aggregate 9.2 The areas described aggregate ap­ 1. Public Land Order No. 509 of July acres, in Siskiyou County. proximately 319 acres in Okanogan, Gar­ 30, 1948, which withdrew public lands The lands have been open to applica­ field, Skamania, Lewis, Snohomish, and in the State of New Mexico for use by tions and offers under the mineral leas­ Whatcom Counties. the Department of the Army for ex­ ing laws, and to location under the 2. At 10 a.m., on July 16, 1965, the pansion of the water supply at Alamo­ United States mining laws. lands will be open to such forms of dis­ gordo Air Field, is hereby revoked so far position as may by law be made of as it affects the following described land: J ohn A. Carver, Jr., Under Secretary of the Interior. national forest lands. New Mexico P rincipal M eridian J une 10, 1965. J ohn A. Carver, Jr., T. 17 S., R. 10 E., Under Secretary of the Interior. sec. 20, nei/4, Ey2Nwy4, sy2sw i4, Ey2SEi4. [F.R. Doc. 65-6336; Filed, June 17, 1965; 8:45 a.m .] J une 10, 1965. The areas described aggregate 400 acres. The land lies approximately 6 [F.R. Doc. 66-6337; Filed, June 17, 1965; miles south of Alamogordo, N. Mex. [Public Land Order 3697] 8:45 a.m .] Topography consists of very rough foot­ [Washington 05697] hills bisected by several arroyos. Soils [Public Land Order 3698] WASHINGTON are shallow and gravelly, with large [ W ashington 05777 ] boulders covering much of the surface. Revocation In Whole or In Part of Vegetation consists of native browse with WASHINGTON a sparse grass cover. Forest Service Administrative Sites 2. The State of New Mexico has waived By virtue of the authority vested in the Partial Revocation of Reclamation the preference right of application af­ President and pursuant to Executive Or­ Withdrawal forded it by R.S. 2276 as amended (43 der No. 10355 of May 26, 1952 (17 F.R. U. S.C. 852). By virtue of the authority contained 4831), it is ordered as follows: in section 3 of the Act of June 17, 1902 3. At 10 a.m., on July 16, 1965, the 1. The departmental orders which lands shall be open to the operation withdrew national forest lands as na­ (32 Stat. 388; 43 U.S.C. 416) as amended of the public land laws generally, in­ tional forest administrative sites, are and supplemented, it is ordered as cluding the mining and the mineral leas­ hereby revoked so far as they affect the follows: ing laws, subject to valid existing rights, following described lands: 1. The order of the Bureau of Recla­ the provisions of existing withdrawals, W illam ette Meridian mation dated June 1, 1947, concurred in and the requirements of applicable law. by the Bureau of Land Management on All valid applications received at or prior GIFFORD PINCHOT NATIONAL FOREST June 18,1947, withdrawing lands for the to 10 a.m., on July 16, 1965, shall be (a) Trapper Creek Site (order of 12-13-06). Columbia Basin Project, is hereby re­ considered as simultaneously filed at that T. 5 N„ R. 6 E. (unsurveyed), voked so far as it affects the following tune. Those filed thereafter shall be Sec. 25, part. described lands: considered in the order of filing. T. 5 N., R. 7 E. (unsurveyed), Inquiries concerning the lands should Sec. 31, part. W illam ette Meridian be addressed to the Manager, Land Of­ Aggregating approximately 95 acres. T . 15 N., R , 23 E., fice, Bureau of Land Management, Post Sec. 2, lo ts 1,2 , SV2 NE 14, S»/2; Office Box 1449, Santa Fe, N. Mex. (b) Packwood Lake Site (order of 6-9-08). Sec. 10, lots 1, 4, 5, 8 ; Sec. 12; J ohn A. Carver, Jr., T. 13 N., R. 10 E. (unsurveyed), Sec. 28, part. Sec. 14; under Secretary of the Interior. Sec. 24, N»A; Containing about 2.50 acres. J une 10, 1965. Sec. 28, NW&SWJ4. MT. BAKER NATIONAL FOREST T. 15 N., R. 24 E„ [F.R. Doc. 65-6335; F iled, J u n e 17, 1965; Sec. 2, lo ts 1, 2 ,3 , 4; 8:45 a.m .] (a) Trout Marsh Site (order of 11-23-06). Sec. 4, lo ts 1, 2 ,3 , 4; T. 30 N., R. 10 E., Sec. 6 ; Sec. 22, Sy2NW»ASWi4. Sec, 8 ; [Public Land Order 3696] Sec. 10, Wi/2 Ei/2 ,SW i/4; Containing about 20 acres. Sec. 12, N%,SW%; [Sacramento 078468] (b) Station 33 (order of 11-23-06). Sec. 14; T. 37 N., R. 12 E„ Sec. 18; CALIFORNIA Sec. 21, part of lot 2. Sec. 20, N%,N%S%; Sec. 22, N & ,N % S % ; , Opening of Lands Subject to Section Containing about 10 acres. Sec. 24, N%. 24 of the Federal Power Act OKANOGAN NATIONAL FOREST T . 15 N ..R .2 5 E ., Sec. 2; ? rtue the authority contained Ventura Site (order of 10-26-08). Sec. 4; section 24 of the Act of June 10, 1920 T . 36 N .,R . 19 E., Sec. 8 , S % ; Sec. 5, p a rt. Sec. 10; ert o 16 U.S.C. 818), as amend- Sec. 12; * nd pursuant to the determination of Containing about 40 acres. Sec. 18. 7898 RULES AND REGULATIONS

T. 15N.,R.26E., 1. The Executive Orders of July 10, Sec. 35, W&WJ4 and all lands withdrawn Sec.4,S%N&,S%; 1912, and December 12, 1917, establish­ in Pow er S ite C lassification No. 164 lying Sec. 0, N%, SW%, Wy2SE&, SEftSE&; ing Powersite Reserves No. 285, and Nos. w ith in o n e -h a lf m ile of M cKenzie River Sec. 8 ; and Ollalie Creek and within one-fourth Sec. 10; 661 and 664, respectively, and the de­ mile of Deer Creek from its mouth to a partmental orders of December 12, 1917, point one mile upstream, all within Sec! 18’, N& N& . and January 21, 1927, creating Water secs. 1, 2, 11, 12, 13, 14, 22, 23, 24, 26, 27, T . 15 N., R . 27 E., Power Designation No. 14 and Power- 34 and 35 except those tracts in thé Sec. 8 ; site Classification No. 164, respectively, N % N E& o f sec. 11 SE>4SWV4 of sec. 12 Sec. 10, Sy2NEi4,NWV4,S>4; are hereby revoked so far as they affect and EMsNWyt of sec. 13. Sec. 12, S % ; the following described lands: T. 16 S., R. 6 E., Sec. 14; - Sec. 1, lo ts 8, 13, N E & SW & , an d S%SW]4; Sec. 24, N%Ny2. W illam ette M eridian Sec. 2, lots 11 to 23 incl., 27, 28, and 29- Sec. 7, lot 4 and SE%SW%; The areas described a g g r e g a t e T 17 S R I E Sec. 9, lo ts 7, 8, 9, 10, 11, 12, an d S%NW}4; 16,174.93 acres in Grant County, of Sec. 16, SE%NEi4, NW&NWV4, NEV4SWV4, Sec. 10, lots 13, 14, and E%SE%; which lots 1, 2, 3, and 4, of sec. 4, T. 15 and SWV4SWV4; Sec. 11, lots 10 to 18 incl., SEyiSWU Sec. 19, lot 10. NE%SE%, and Sy2SE%; N., R. 24 E., have been patented. T . 16 S., R . 2 E., The lands are located on the top or Sec. 12, NW'/4, and NWy4SWy4; Sec. 34, SW&SE14. Sec. 13, lots 3, 4, 5, 6, and 7; slopes of the Saddle Mountains. Vege­ T. 17 S., R. 2 E., Sec. 14, lots 4, 5, 9, SW»4. NW ^SE^, and tative cover is brush and native grasses Sec. 1, lo t 3. sy2sEy4; and forbs. T. 16 S .,R . 3 E., Sec. 15, SE 14N E & , NWV4, Ny2SEy4, and 2. Until 10 a.m., on December 9, 1965, Sec. 32, Si/2NWVi. SE%SE%; the State of Washington shall have a T. 17 S., R . 3 E., Sec. 16, N % ; Sec. 5, lot 5; ' Sec. 17, lots 2, 8, 9, S%Ny2, N%S%, SE& preferred right of application to select Sec. 8 , N EJ4N E& . the public lands as provided by R.S. 2276, SW%, and SW%SE]4; T . 16 S., R . 4 E., Sec. 18, lots 7, 8, 11, and NEy4SE»4; as amended (43 U.S.C. 852). After that Sec. 11,SW%SW}4; Sec. 19, lots 5, 6, and 7; date and hour the lands shall becdme Sec. 21, SE%SE%; Sec. 20, S%SEV4 ; subject to operation of the public land sec. 2 2 , s w y 4s w y 4. Sec. 21, SW%, N%SEV4, and SW%SEy4; laws generally, subject to valid existing T. 15 S., R. 5 E. (unsurveyed), Sec. 23, N%Ny2; rights* the provisions of existing with­ Sec. 31, SWV4NW&, NW&SWV4, Sy2 SW % , Sec. 24, lo ts 1 to 11 ln cl., 13, an d SWV4SE&; a n d S E & . Sec. 26, lots 3, 4, 5, 6. 7, 8, and SW&NWÎ4; drawals, and the requirements of appli­ T . 16 S., R. 5 E.. cable law. All valid applications received Sec. 27, NE%, E ^N W ^, and SE&; Sec. 6 , E y 2 a n d E % W % ; Sec. 28, NWÎ4NE&, S&NE&, and E% at or prior to 10 a.m., on July 16, 1965, Sec. 7, Ey2, Ey2w y 2, and SW&SW&; NW !4; shall be considered as simultaneously Sec. 13, Ny2NW%; Sec. 30, lots 1 and 2; filed at that time. Those filed thereafter Sec. 14, lots, 3, 4, 5, Ny2NEi4, NE&NW&, Sec. 35, lots 1, 2, 3, 4,7, and 8; shall be considered in the order of filing. a n d s y 2 SW 1/4; Sec. 36, W%NW»4, and E^SW ft. 3. The lands have been open to appli­ Sec. 15, lots 9, 10, N%SE%SWV4, Ny2 SW% T. 17 S., R. 6 E. (unsurveyed), cations and offers under the mineral SE%, and SE&SE&; All la n d s as orig in ally w ithdraw n in Power- Sec. 16, lo ts 8 a n d 9; site Classification No. 164 in said town­ leasing laws. They will be open to loca­ Sec. 17, SWy4 NWy4 , a n d N^NV&NW yi tion under the United States mining laws ship except those which, on the basis SW&; of latest protraction data, are more after 10 a.m., on December 9, 1965. Sec. 18, SE%NE%, NE%SE%SW%, and properly described as lying within one- Inquiries concerning the lands should sy 2 SE%SW&; fourth mile of Horse Creek and Separa­ be addressed to the Officer in Charge, Sec. 21, SE%NE}4, and W ^N W ^; tio n C reek in sec. 1, T. 17 S., R. 6 E., Sec. 22, Sy2NWyt, NE*4SW%, and NW% and in secs. 13 and 14, T. 17 S., R. 6% E. District Field Office, Bureau of Land SE i4; Management, Spokane, Wash. Sec. 24, SE&NEV4, SE&NW»4, and Ny2 T. 18 S., R. 6 E., (unsurveyed), SW%. All those lands as originally withdrawn in J ohn A. Carver, Jr., P ow ersite C lassification No. 164 lying Under Secretary of the Interior. T. 17 S., R. 5 E. (unsurveyed), All lands withdrawn under Power Site w ith in o n e -fo u rth m ile of Horse Creek, now m ore p roperly described on the basis J une 10,1965. Classification No. 164 within secs. 16 and 34 and all other lands in said township of latest protraction data as being in [PR. Doc. 65-0338; Piled, June 17, 1965; not also withdrawn by Public Land Order secs. 34, 35, and 36, T. 17 S., R. 6 Y t E., 8:45 a m ] No. 1808 for the use of the Corps of a n d in sec. 1, T . 18 S„ R. 6y2 E. Engineers for the Cougar Project. T. 14 S., R. 7 E., T. 18 S., R. 5 E. (unsurveyed), . Sec. 8, lots 1, 2, 3, 4, 5, 6, 7, and 8; [Public Land Order 3699] All lands situated within one-fourth mile Sec. 9,dot 1 and NW&SWÎ4; [Oregon 013542; 013543; 013544] of South Pork McKenzie River which, Sec. 17, Efc and E%SW]4; on the basis of latest protraction data, Sec. 20, NWÎ4NW&, S&SW&, and SW% OREGON lie w ithin secs. 2, 4, 10, 11. 13, 14, 15, 22, SE&; 35, and 36. Sec. 30, Ey2; Powersite Restoration No. 599; Pow­ T. 18 S., R . 5 y2 E. (unsurveyed), Sec. 31, lots 1, 2, 3, 4, NE&, E&NWJ4. «nd ersite Cancellations No. 184 and All those tracts originally described in NE% SW }4. Power Site Classification No. 164 as be­ T. 17 S., R .7 E ., No. 185; Revocation óf Certain ing within one-fourth mile of South All lands as originally withdrawn in Power W ith d raw als; Opening Fork McKenzie River in secs. 32 and 33 Pow er S ite C lassification No. 164 except ■ Lands Subject to Section 24, Federal and now more properly described on the those more properly described on the basis of latest protraction data as being basis of latest protraction data as lying Power Act in secs. 31 a n d 32, T . 18 S., R. 6 E. 1 within one-fourth mile of Separation By virtue of the authority vested in T. 19 S., R. 5% E. (unsurveyed), Creek and being in secs. 21, 22, 23, 27, the President by section 1 of the Act of All lands within one-fourth mile of South a n d 28. Pork McKenzie River which on the basis T. 18 S., R. 7 E., June 25, 1910 (36 Stat. 847; 43 U.S.C. of latest protraction data lie in secs. 1, Sec. 7; 141), and pursuant to Executive Order 2, 3, 4, and 5. Sec. 8, sy2Nys and Ny2sy2; No. 10355 of May 26, 1952 (17 F.R. 4831), T. 14 S., R. 6 E., Sec. 9, SW}4; and by virtue of the authority contained Sec. 36, E^NE% and SE%. Sec. 15, SW%; in the Acts of March 3, 1879 (20 Stat. T. 15 S„ R . 6 E„ Sec. 16; 394; 43 U.S.C. 31), June 9, 1916 (39 Stat. Sec. 1, N E 14; Sec. 17, Ny2 and SE^; 218), and 1950 Reorganization Plan No. 3 ' Sec. 2, SE& SE J4; Sec. 21, Ny2 a n d SE% ; Sec. 12, Sy2NE}4; Sec. 22; (64 Stat. 1262; 5 U.S.C. 133z-15, note), Sec. 13, Sy2NE}4 and N & SE^; Sec. 23; and by virtue of the authority contained Sec. 22, All portions within one-fourth Sec. 26, N% ; in section 24 of the Act of June 10, 1920 mile of Deer Creek or one-half mile of Sec. 27, Ny2. (41 Stat. 1075; 16 U.S.C. 818), as amend­ McKenzie River; The areas described, including the pub ed, and pursuant to the determination of Sec. 27, All portions within one-half mile lie, national forest, and revested Orego the Federal Power Commission docketed of McKenzie River; as DA-493-Oregon, it is ordered as Sec. 34, All portions within one-half mile and California Railroad grant lands, follows: of McKenzie River; aggregate approximately 20,262 Friday, June 18, 1965 FEDERAL REGISTER 7899 Most of the lands are in the Willamette valid applications received at or prior to the vicinity of Naknek Air Force Base, Alaska, National Forest:. 10 a.m. on December 9, 1965, shall be th e n c e : 2. In DA-493-Oregon, the Federalconsidered as simultaneously filed at that Southerly 410 feet along high water mark; W. 520 feet; Power Commission vacated the with­ time. Those received thereafter shall be N. 750 feet; drawals created pursuant to the filing of considered in the order of filing. E. 625 feet; applications for preliminary permits, and 6. The national forest lands and re­ S. 375 fe e t to th e p o in t of beg in n in g . licenses, for Projects Nos. 852, 1068, and vested Oregon and California Railroad The tract described contains approximately 2059, for th e following described lands; grant lands shall be open at 10 a.m. on 10 acres. Willamette M eridian July 16,1965, to such forms of disposition as may by law be made of such lands. Naknek Recreational Camp Site No. 2 T. 17S..R. 3E., 7. Any disposals of the lands described Beginning at a point where W longitude Sec. 5, lot 5. in paragraph 3 of this ordér shall be 156° 28' line intersects the mean high water T. 14 S., R. 6 E., Sec. 36, SE%NEi4, NE%SE%. and Sy2SE%. subject to the provisions of section 24 mark on the N shore of the Naknek River T. 15 S., R. 6 E., of thè Federal Power Act, supra, as speci­ near the confluence of Naknek Lake, thence: fied by the Federal Power Commission in N. 625 feet; Sec. 1, NEy4; E. 750 feet; Sec. 12, Si/aNEJi. its determination. S. 490 feet to the said high water mark on T. 16 S., R. 6 E., 8. The lands have been open to ap­ the N shore of the Naknek River; thence Sec. 3, lots 1,2,7,10,11,14, and 15; plications and offers under the mineral Sec. 10, lot 5 and N%NW%. leasing laws, and to location under the meandering southwesterly along the mean T. 13 S.,R. 7 E., ^ i «r , high water mark of Naknek River 770 feet to Sec. 31, lot 1, N%NE%, and NE%NW^4; United States mining laws. the point of beginning. Sec. 32, NW&NWft, sy2NWiA, Ey2SW%, Inquiries concerning the lands should and SW}4SE}4. be addressed to the Manager, Land Office, The tract described contains approximately T. 14 S., R. 7 E„ Bureau of Land Management, Portland, 10 acres. Sec. 5, lots 2, 5, 6, 7, 8, SWV4NE&, and Oregon. 3. Until 10 ajn. on September 9,1965, s e % s e i 4 ; ; , J ohn A. Carver, Jr., Sec. 8, lots 1 to 8, Inclusive; the State of Alaska shall have a preferred Sec. 9, lot 1, SW&NW&, and NW^SW%; Under Secretary of the Interior. right to select the lands described in par­ Sec. 17, NE&, SEi4SW%, N%SE%, and J une 10,1965. agraph 2 hereof as provided by the act of SW&SE&; July 28, 1956 (70 Stat. 709; 48 U.S.C. 46- Sec. 20, Sy2SW%, and SW%SEV4; [F.R. Doc. 65-6339; Filed, June 17, 1965; 3b), and section 6(g) of the Alaska Sec. 29, NWV4 and wy2SW%; 8:45 a.m .] Statehood Act of July 7, 1958 (72 Stat. Sec. 30, E%; ' Sec. 31, lots 2, 3, 4, NE%, Ey2NW%, NE& 339), and the regulations in 43 CFR SW14, and N&SE&; [Public Land Order 3700] 2222.9. Sec. 32 NW&NW&. 4. This order shall not otherwise be­ T. 15 S., R. 7 E., . [Anchorage 023000} come effective to change the status of the Sec. 6, lot 1. ALASKA lands described in paragraph 2 hereof The areas described aggregate approx­ until after 10 a.m. on September 9, 1965, imately 3,292 acres. About 1,500 acres Withdrawing Lands for Use of Depart­ at which time the lands shall be open to form a part of the lands described in ment of the Air Force as Recreation the operation of the public land laws paragraph 1, of the order. Sites; Revoking Public Land Order generally, including the mining laws, subject to valid existing rights, the pro­ 3. In DA-493-Oregon, the Federal No. 1350 of October 23, 1956 Power Commission determined that the visions of existing withdrawals, and the value of the following described lands will By virtue of the authority vested in requirements of applicable law. All valid not be injured or destroyed for purposes the President and pursuant to Executive applications, received at or prior to 10 of power development by location, entry, Order No. 10355 of May 26,1952 (17 F.R. a.m. on September 9, 1965, shall be con­ or selection under the appropriate public 4831,), it is ordered as follows; sidered as simultaneously filed at that land laws, subject to the provisions of 1. Subject to valid existing rights, the time. Those received thereafter shall be section 24 of the Federal Power Act: following described public lands are considered in the order of filing. hereby withdrawn from all forms of ap­ Inquiries concerning the lands should Willamette M eridian propriation under the public lands laws, be addressed to the Manager, Land Of­ T. 17 S., R. 1 e ., including the mining laws (ch. 2, Title fice, Bureau of Land Management, An­ Sec. 16, lots 1 to 7 incl., NE&NEÎ4 chorage, Alaska. S W ^N E li. 30 U.S.C.), but not from leasing under T. 16 S., R. 2 E.f the mineral leasing laws and reserved for J ohn A. Carver, Jr.» Sec. 28, lot 9; use of the U.S. Air Force as recreational Under Secretary of the Interior. Sec. 33, lot 2 ; sites: Sec. 35, lot 6 . S eward M eridian J une 10,1965. T-17 S., R. 2 E., Naknek Recreation Camp Site No. 1 [F.R. Doc. 66-6340; Filed, June 17, 1965; Sec. 1, lot 4 ; 8:45 a.m .] Sec. 2, lot 4 . T. 18 S., R. 44 W. (Unsurveyed), ' T- 16 S., R. 3 e „ Sec. 4, sy2NE%SW%SW%, Ny2SE}4SW}4 Sec. 31, lots 7, 8 , 9, a n d 10. T-17 S„ R. 3 E„ SW%, and SW 14SE 14SW&SW&. [Public Land Order 3701 ] Sec. 3, lot 2 except the north 20 acres; Naknek Recreation Camp Site No. 2 [Misc-88702] bee. 4, lots 5, 6, 7, an d NW % NW % ; Sec. 5, lots 1, 4 , a n d NE 14 SE 14; T. 17 S., R. 44 W., COLORADO, CALIFORNIA, AND Sec. 25, Ny2SE^NE^SE% and N&S}4 w ï s w i . 4' 6' SS4NEy‘ - SE« NW'/* » S E & N E ^ S E ^ . ARIZONA T. 17 S., R. 43 W. (Unsurveyed), Sec. 30, SW%NW%NW}4SW% and NW>/4 Withdrawal for Protection of Natural W « Under Secretary of the Interior. ' Containing 240 acres in Mohave County. J une 10, 1965. ALASKA C alifornia [P.R. Doc. 65-6342; Piled, June 17, 1965; Revocation of Public Land Order 8:46 a.m .] MOUNT DIABLO MERIDIAN No. 1752 of November 12, 1958 Piute Cypress Area By virtue of the authority vested to [Public Land Order 3703] the President and pursuant to Execu­ T. 27 S., R. 35 E., [Idaho 06855] tive Order No. 10355 of May 26,1952 U Sec. 24, SE»4 and E%SW%; F.R. 4831), it is ordered as follows: Sec. 25, NE% and NE^NW ^. IDAHO 1. Public Land Order No. 1752 of No­ Containing 440 acres in Kern County. Partial Revocation of Public Land vember 12,1958, which withdrew the fol­ lowing described land for use of ... 4. At 10 a.m., on December 9,1965, the Order No. 1898 of July 13, 1959 Department of the Air Force for 1111 lands released from withdrawal by para­ By virtue of the authority vested in the tary purposes, is hereby revoked. graphs 2 and 3 of this order, shall be President and pursuant to Executive Or­ S eward Meridian open to disposition under the public der No. 10355 Of May 26, 1952 (17 P.R. land laws generally, subject to valid ex­ 4831), it is ordered as follows: 29,1 SW?4NE14> Si/2NW]4. sW^ ’ ^ isting rights the provisions of existing 1. Public Land Order No. 1898 of July VV4SE%. withdrawals, and the 6-month prefer­ 13, 1959, so far as it reserved the follow­ ence right filing period afforded certain ing described public lands under the areas described aggregate 320 States by R.S. 2276 as amended. jurisdiction of the Secretary Of the In­ of public and nonpublic ands. 5. The withdrawal made by paragraph terior as a safety measure for the pro­ mds are located about 5 m ’ 1 of this order does not alter the appli­ tection of the public, is hereby revoked: ner, Alaska. The soil Is f » “» cability of the public land laws governing B o ise M eridian -ting a vegetative cover o the use of the lands under leases, license T. 6 S., R. 2 E., or permit, or governing the disposal of Sec. 34. Friday, June 18, 1965 FEDERAL REGISTER 7901 being the S^SE ^N W ^, NBty»SW%, S. 29° 15' W., 403.26 feet to a point; entitled , proceeding on August 17, 1957 sy2NW1/4NWy4SEy4, and N ^ sw y 4 S. 51°45' W., 328.02 feet to a point; thence (22 F.R. 6623), pursuant to section 4(a) S. 57°30' W., 554.40 feet to comer No. 5, of the Administrative Procedure Act (5 NWy4SEy4, have been patented. meander corner of USS 1673; . 2 Until 10 a.m., on September 9, 1965, W. 831.30 feet to a point on the 4-5 line U.S.C. 1003), for the purpose of giving the State of Alaska shall have a pre­ of USS 1673; effect to the holding of the Supreme ferred right to select the public lands as S. 45°00' E., to a point on the 11-12 line Court of the United States in The Balti­ provided by the Act of July 28, 1956 (70 of USS 2539; more and Ohio Railroad Company v. Stat. 709; 48 U.S.C. 46-3b), section 6(g) N. 05°05'30" W., 8,486.68 feet to corner Daniel T. Jackson (353 U.S. 325 decided of the Alaska Statehood Act of July 7, No. 1 of USS 2539, which is the true point May 13,1957); 1958 (72 Stat. 339), and the regulations of beginning of this description. It further appearing, that hearing on in 43 CFR 2222.9 (formerly 43 CFR, Part The tract described contains 654.51 acres. the matter and things has been held; And it further appearing, that the 76). , The tract consists mainly of water and 3. This order shall not otherwise be­marginal lands lying on the northerly Division has, on the date hereof, made come effective to change the status of and filed its report in this proceeding shore of St. Paul Harbor on Kodiak Is­ containing its findings of fact and con­ the public lands until 10 a.m., on Sep­ land. About ten acres are the subject tember 9,1965. At that time they shall clusions thereon, which said report is be open to the operation of the public of a withdrawal application filed by the hereby referred to and made a part here­ land laws generally, including the min­ Bureau of Sport Fisheries and Wildlife. of; and good cause appearing therefor: ing and mineral leasing laws, subject to This tract, therefore, will remain segre­ It is ordered, That 49 CFR Part 131, be, valid existing rights, the provisions of gated in accordance with the regulations and the same is hereby, amended, effec­ existing withdrawals, and the require­ in 43 CFR 2311.1-2 (a) (formerly CFR tive January 1, 1967, by adding thereto ments of applicable law. All valid ap­ 295.11a) until final action upon the ap­ two new sections, § 131.25 Track motor­ plications except preference rights plication has been taken. cars (self-propelled 4-wheel cars which applications from the State of Alaska 2. Until 10 a.m., on September 9, 1965, can be removed from the rails by men) received at or prior to 10 a.m., on July 16, the State of Alaska shall have a pre­ and § 131.26 Pushcars, reading as fol­ 1965, will be considered as simultaneously ferred right to select the lands as pro­ lows: filed at that time. Those received there­ vided by the Act of July 28, 1956 (70 after will be considered in the order of Stat. 709, 48 U.S.C. 46-3b) and section § 131.25 Track motorcars (self-pro­ filing. 6g of the Act of July 7, 1958 (72 Stat. pelled 4-wheel cars which can be re­ Inquiries concerning the lands should 339). After that date and hour the moved from the rails by m en). lands shall become subject to settlement be addressed to the Manager, Land Office, .(a) Handbrakes (includes foot op­ Bureau of Land Management, Anchor­ and to application, petition, location and selection generally, subject to valid exist­ erated brake). Each track motorcar age, Alaska. ing rights, the provisions of existing shall be equipped with an efficient hand­ J ohn A. Carver, Jr., withdrawals, and the requirements of brake so located that it can be safely Under Secretary of the Interior. applicable law and procedures. All valid operated while the car is in motion. Each handbrake shall be equipped with J une 10, 1965. applications received at or prior to 10 a.m., on July 16,1965, shall be considered a ratchet or other suitable device which [P.R. Doc. 65-6344; Piled, June 17, 1965; as simultaneously filed at that time. will provide a means of keeping the 8:46 a.m .] Those filed thereafter shall be considered brake applied when car is not in motion. in the order of filing. No t e : The requirements of this rule will be [Public L and O rder 3705] 3. The lands have been open to ap­ satisfied if the ratchet or other suitable de­ plications and offers under the mineral vice operates in connection with at least one [Anchorage 061629} leasing laws, and to location for metal­ handbrake on track motorcars that may he ALASKA liferous minerals. They will be open to equipped with more than one such brake. location under the United States mining (b) Handholds. One or more safe and Portly Revoking Executive Order laws for nonmetalliferous minerals after suitable handholds conveniently located No. 8278 of October 28, 1939 10 a.m., on September 9, 1965. shall be provided. Each handhold shall By virtue of the authority vested in Inquiries concerning the|lands should be securely fastened to car. the President by section 1 of the Act of be addressed to the Manager, Land Office, (c) Sill steps or footboards. Each June 25, 1910 (36 Stat. 847; 43 U.S.C. Bureau of Land Management, Anchor­ track motorcar shall be equipped with 141), and pursuant to Executive Order age, Alaska. safe and suitable sill steps or footboards No. 10355 of May 26, 1952 (17 F.R. 4831), J ohn A. Carver, Jr., conveniently located and securely fas­ it is ordered as follows: | Under Secretary of the Interior. tened to car when bed or deck of track 1. Executive Order No. 8278 of Octo- J une 10, 1965. motorcar is more than 24 inches above 1939, withdrawing the eastern top of rail. Portion of Kodiak Island for naval pur­ [F.R. Doc. 65-6345; Piled, June 17, 1965; (d) Couplers. When used to haul poses, is hereby revoked so fair as it 8:46 a.m .] other cars, each track motorcar shall be affects the following described lands; equipped with a coupler at each end where such cars are coupled (1) which Gibson Cove Area provides a safe and secure attachment, KODIAK ISLAND, ALASKA Title 49— TRANSPORTATION (2) which can be coupled or uncoupled Starting at corner No. 1 of U.S. Survey No. Chapter I— Interstate Commerce without the necessity of men going be­ ms Which is located at latitude 57°47' N. tween the ends of the cars. f52“26'30" W., and is the true Commission § 131.26 Pushcars. w i?n?e®lnnin® of this description; thence SUBCHAPTER A— GENERAL RULES AND • 1’Z00 ieet to a Point on the 1-2 line of USS 2539; , REGULATIONS (a) Handbrakes. When used to trans­ [No. 32248] port persons, each pushcar shall be Sussm*3-’ to a point 011 the 3-4 line of equipped with an efficient handbrake so E S 9o,f6et t0 corner No. 3 Of USS 1673; PART 131— UNITED STATES SAFETY located that it can be safely operated S Ma a * fCet to corner No. 2 Of USS 1673; APPLIANCE STANDARDS (RAIL­ while the car is in motion. AfTTQo corner No. i> meander corner ROAD) (b) Handholds (includes handles). lie™, * » 3: thence following the mean- Each pushcar shall be provided with one ders of USS 1673 a ro u n d th e h e a d of Oibson Cove; Track Motorcars and Pushcars or more secure handholds. When used to transport persons, each pushcar shall s’ 02°3(V to' 3448 feet t° a point; At a session of the Interstate Com­ be provided with one or more safe and s! 16°4R' ^ ‘rt208’56 fe®t to a point; s' 5a°oa, 5 ’’ 287.76 feet to a p o in t; merce Commission, Division 3, held at suitable handholds conveniently located N. 79°aa' ^ ’ t j 7-54 fee t to a p o in t; its office in Washington, D.C., this 20th above the top of the bed of each pushcar. 5: 2 .J J 1-822-74 feet to a point; day of May A.D. 1965. (c> Sill steps or footboards. When S' 22°3o' w’’ ? i 1,48 feet to a p o in t; It appearing, that notice of proposed used to transport persons, each pushcar 2 30 E-> 176.22 feet to a p o in t; rule making was issued in the above - shall be equipped with safe and suitable 7902 RULES AND REGULATIONS sillsteps or footboards conveniently lo­ cated and securely fastened to car, when bed or deck of pushcar is more than 24 inches above top of rail. (d) Couplers. When moved together with other vehicles, each pushcar shall be equipped with a coupler at each end where such vehicles are coupled (1) which provides a safe and secure attach­ ment, and (2) which can be coupled or uncoupled without the necessity of men going between the ends of the cars. No t e ; .Sections 131.25 and 131.26 are ap­ plicable only when the vehicles governed thereby are coupled together and moved to g eth er. (Sec. 25, 41 Stat. 498, as amended; 49 U.S.C. 26. Secs. 2, 3, 36 Stat. 298; 45 U.S.C. 11, 12. Interpret or apply secs. 4, 6, 27 Stat. 531, 532; 45 U.S.C. 4, 6. Sec. 1, 32 Stat. 943; 45 U.S.C. 8. Sec. 4, 36 Stat. 299, as amended; 45 U.S.C. 13) Notice of this order shall be given to the general public by depositing a copy thereof in the office of the Secretary of the Commission at Washington, D.C., and by filing it with the Director, Office of the Federal Register. By the Commission, Division 3. [ s e a l ] B er t h a F . A r m e s , Acting Secretary. \ [F.R. Doc. 65-6419; Filed, June 17, 1965; 8:47 a.m .] (f) Method of pooling; Peninsula. It extends from Detroit on DEPARTMENT OF AGRICULTURE (g) Milk diverted to Southern Michi­ the east to beyond Grand Rapids and gan plants from plants regulated by Kalamazoo on the west. Over 300 mil­ Consumer and Marketing Service other Federal orders; and lion pounds of producer milk are pooled (h) Administrative and miscellaneous under the order each month. The 17 CFR Parts 1040, 1042 1 provisions. Muskegon marketing area includes terri­ (Docket Nos. AO—225—A14, AO—240-A7] Findings and conclusions. The follow­ tory in three counties in western Michi­ ing findings and conclusions on the ma­ gan. It borders the western edge of the MILK IN SOUTHERN MICHIGAN AND terial issues are based on evidence pre­ Southern Michigan area. Muskegon and MUSKEGON, MICH., MARKETING sented at the hearing and the record Holland, its principal cities, are both AREAS thereof : within 40 miles of Grand Rapids in the 1. Merger of Orders No. 40 and No. 42 Southern Michigan area. About 10 mil­ Decision on Proposed Amendments to and expansion of the marketing area. lion pounds of milk are pooled under the Tentative Marketing Agreements The Southern Michigan and the Muske­ Muskegon order each month. and to Orders gon orders should be consolidated. The A close sales relationship has devel­ marketing area of the combined orders oped between these adjacent markets. Pursuant to the provisions of the should be expanded to cover territory in The intermarket competition developed Agricultural Marketing Agreement Act of 18 additional Michigan counties, to wit., as a byproduct of plant expansion and 1937, as amended (7 U.S.C. 601 et seq.), all of Alpena, Montmorency, Alcona, improvements in milk transportation. and the applicable rules of practice and Oscoda, Iosco, Ogemaw, Roscommon, Handlers in both markets in recent years procedure governing the formulation of Missaukee, Gladwin, Osceola, Lake, have increased the capacity of their marketing agreements and marketing Mason, Newaygo, and Oceana Counties plants to reduce unit processing costs orders (7 CFR Part 900), a public hear­ and the unregulated parts of Arenac, and to obtain higher returns through in­ ing was held at Lansing, Mich., on Clare, Allegan, and Presque Isle Coun­ creased volume. An enlargement of dis­ November 16-20 and November 30, 1964, ties. The territory covered by the new tribution areas accompanied the increase pursuant to notice thereof issued on order should be called the “Southern in plant size. Competition was encour­ October 20, 1964 (29 F.R. 14544), and Michigan marketing area”. The Muske­ aged by the similar health requirements supplemental notice thereof which was gon order should be revoked. in the two-market area. issued November 2, 1964 (29 F.R. 14990). The Agricultural Marketing Agree­ With the expansion of distribution Upon the basis of the evidence intro­ ment Act specifies that orders shall reg­ areas, a substantial number of routes duced at the hearing and the record ulate only the handling of agricultural originating in each of the present mar­ thereof, the Deputy Administrator, Reg­ commodities, or products thereof, which keting areas now extend into the other. ulatory Programs, on April 27, 1965 (30 are in the current of interstate or foreign Handlers from several cities in the west­ P.R. 6163; F.R. Doc. 65-4591) filed with commerce, or which directly burden, ob­ ern portion of the Southern Michigan the Hearing Clerk, United States Depart­ struct or affect interstate or foreign com­ marketing area have entered the Muske­ ment of Agriculture, his recommended merce. Milk handling under the pro­ gon market. Grand Rapids handlers, for decision containing notice of the oppor­ posed order is in the current of, and example, have established regular routes tunity to file written exceptions thereto. burdens, obstructs or affects, interstate in both Muskegon and Holland. South­ The material issues, findings and con­ commerce in milk and milk products. ern Michigan handlers from Kalamazoo clusions, rulings, and general findings of Milk from farms in Indiana and Ohio is and Carson City have acquired milk the recommended decision (30 F.R. 6163; supplied to various Michigan handlers routes in Holland. Although in lesser F.R. Doc. 65-4591) are hereby approved who would be regulated under the con­ volumes, Muskegon handlers likewise and adopted and set forth in full herein solidated order. These handlers are in have acquired business in the Southern subject to the following modifications: direct competition in distribution with Michigan marketing area. Most of their 1. Under issue 2(a), Price zones, para­ handlers who purchase milk produced in sales are in the portion of the Southern graphs 25-33 are revised by substituting Michigan. Handlers and cooperatives in Michigan area closest to Muskegon, but 15 paragraphs, the third and fourth from the consolidated market either manufac­ some of their routes extend as far east last paragraphs are revised by substitut­ ture milk surplus to bottling needs or as Greenville, Mich., in Montcalm ing three paragraphs and two new, para­ ship such milk to manufacturing plants. County. graphs are added at the end of the issue. Some of the products manufactured from Under these conditions of close com­ 2. Under issue 2(c), Pool plant require­ producer milk at these plants are shipped petition, packaged milk sales accounts ments, paragraphs 13-16 are revised by outside the State of Michigan. shift between these markets. Shifts of substituting six paragraphs. Merger of orders. Merger of the this type can cause sharp movements in 3. A new paragraph is added at the end Southern Michigan and Muskegon orders producer blend prices, particularly in the or issue 2(d), Classes of utilization. and expansion of the marketing area Muskegon market. When large accounts 4. A new paragraph is added at the end were proposed by nine cooperative asso­ change hands across market lines, Class ot issue 2(d), Computation of plant ciations operating in the markets. Pro­ I use and blend prices move up in one shrinkage. ponents testified that the area they pro­ market and down in the other even 5. Under issue 2(e), Adjusted uniform posed has become so closely integrated though Class I use in total is not changed. Price, three new paragraphs are added from a marketing and distribution stand­ This type of transfer creates no serious alter paragraph seven. point that its regulation under a single problem in the present Southern Michi­ The material issues on the record of order now is appropriate. They also said gan market because of its size. In Mus­ the hearing relate to: that such a merger and expansion of the kegon, however, where Class I use is 1- Merger of Orders No. 40 and No. 42 orders would more nearly encompass the about 6 million pounds, or only 3 percent and expansion of the marketing area. current major sales territories of han­ of the Southern Michigan total, any sub­ c i,' Appropriate provisions of the con- dlers in the market and insure uniform stantial loss of large accounts, such as hdated order concerning: pricing to producers of milk distributed supermarkets, for example, can cause ja) Location differentials; throughout such area in the interest of significant monthly blend price changes. both producers and handlers. Merger of The intensity of intermarket competi­ pn.. \ ^ ass * Price and butterfat differ­ entials; the orders was not opposed. tion has increased in recent months. Southern Michigan is the larger of the Southern Michigan handlers in particu­ ¡J. Plant requirements; two markets proposed for merger. The lar have increased the proportion of their a) Classification of milk; Southern Michigan marketing area in­ business in the Muskegon marketing mill Ousted uniform pri< cludes most of the central and southeast­ area. The inroads made by the South­ °t finder the base-excess pla ern portion of the Michigan Lower ern Michigan handlers have reduced No. 117.---- q 7903 7904 PROPOSED RULE MAKING blend prices in Muskegon. Should these in the separate funds therefore will be son City, Grand Rapids, and Muskegon acquisitions continue, a major portion of reflected in the blend prices of the pro­ they sell milk in virtually every sizable the Muskegon Class I sales would be lost ducers whose money makes up the fund community in these counties. to Muskegon producers. If this happens, reserves. Under these circumstances, Nearly two-thirds of the milk sold Muskegon producer prices can be ex­ there would be little object in distribut­ throughout the 16 counties is distributed pected to be subject to variability and ing the producer-settlement fund re­ by Southern Michigan and Muskegon frequent readjustment as the Muskegon serves to producers under the separate handlers. Including the above area in market attempts to equilibrate with the orders and again accumulating the re­ the marketing area would bring under producer prices of the Southern Michi­ quired reserve for the consolidated order. full regulation as pool handlers six gan market. Shifts of this type some­ This would increase administrative ex­ known distributors who engage primarily times take a considerable amount of pense and would add virtually nothing to in the sale of milk in fluid form but who time. During the adjustment period the returns of producers under the present are not now under any order. Such dis incomes of Muskegon producers would orders. tributors referred to in the record are lo be significantly affected making it dif­ Interest should be charged under the cated in Scottville; (Mason County), Lud ficult for them to operate efficiently. consolidated order on overdue payments ington (Mason County), Lake City (Mis The overlap of distribution and supply to and from the administrative, market­ saukee County), Marion (Osceola Coun­ routes has progressed to the point that ing service and producer-settlement ty), Reed City (Osceola County), and a separate Muskegon market for pro­ funds. Both of the present orders include Tawas City (Iosco County), Mich. There ducers no longer can be distinguished. this requirement. It encourages the was no opposition by any of the latter In this connection there is strong com­ prompt payments required for effective distributors or by any other persons to petition between Southern Michigan and operation of the order. Also, following adding such counties to the marketing Muskegon handlers for supplies of milk. the effective date of the merged order, ac­ area. . Handlers in the two markets buy their crued interest should be payable under At present no supervised, classified milk from overlapping milksheds. In the consolidated order on any overdue pricing plan prevails in any of the above Ottawa County, for example, 237 pro­ obligations incurred and still outstanding areas. Most of the unregulated handlers ducers sell to Southern Michigan han­ under the present Southern Michigan located in the counties maintain rela­ dlers and 185 sell to Muskegon handlers. and Muskegon orders. This will insure tively high Class I use at their plants The relationship is similar in Oceana payment of all obligations required by and commonly pay a flat price for County. There are 54 producers in that the now separate orders and enhance their milk regardless of utilization. county who ship to Southern Michigan orderly transition to the merged order. This practice provides them oppor­ handlers and 40 producers who ship to Basically, the provisions of the present tunity to buy milk for sale there in Muskegon handlers. The Muskegon Southern Michigan order will be the fluid form at prices considerably below market has become, in effect, an integral provisions of the consolidated order. the minimum Class I prices required to part of the larger Southern Michigan This was contemplated by proponents of be paid by regulated handlers. For ex­ area. the merger. Most of the provisions of ample, an unregulated handler from To eliminate these problems the Mus­ Order No. 40 have worked satisfactorily Scottville, Mich., purchases milk with­ kegon order should be merged with in the dominant Southern Michigan out regard to utilization at a price equal Southern Michigan under a marketwide market which currently regulates about to the blend price received by Muskegon pool. By providing proportionate shar­ 95 percent of the milk to be covered by area producers. Farmers selling milk to ing among all producers of total Class I the new order. Further, many of the this handler do not consistently supply sales in the market, the merger will sta­ provisions in the present Muskegon order his full plant needs, however, and sup­ bilize prices and eliminate much of the are similar to those in the present South­ plemental milk is bought from the near­ present price uncertainty connected with ern Michigan order. In general, Order by Muskegon market. The proportion of shifts of sales accounts back and forth No. 40 provisions .therefore should work his dairy farmer supply utilized in Class between the markets. Under a merged satisfactorily as the basic provisions of I regularly exceeds that of the Muskegon order there would be no decline in pro­ the consolidated order. Certain of the market by a considerable margin. Pay­ ducer incomes attributable to the effects Order No. 40 provisions are expressly ment on the basis of the Muskegon area of intermarket competition at the resale modified herein, of course, in accordance blend price (which for the first 9 months level. with proposals considered at the hearing. of 1964 reflected an average Class I use As a corollary matter in accomplishing These modifications are discussed in the of 60 percent of producer receipts) pro­ an order merger efficiently and equitably, findings and conclusions on the other vided a significantly lower price for tins the assets in the administrative funds of material issues of the hearing. distributor as compared to regulate both orders should be consolidated. All Marketing area expansion. The mar­ handlers who are required to pay not ie currently regulated handlers who con­ keting area of the consolidated order than minimum order Class I prices. tributed to the administrative funds of should include also the counties of Al­ The marketing area should be ex­ the separate orders will continue to be pena, Montmorency, Alcona, Oscoda, tended to cover the above-mentioned regulated under the merged order. Since Iosco, Ogemaw, Roscommon, Missaukee, counties in order to assure no handlers would fall from regulation Gladwin, Osceola, Lake, Mason, Neway­ handlers that as to these areas of dis­ and the liabilities of each of the present go, and Oceana in Michigan. Further, tribution currently unregulated compeu funds would be paid from the consol­ the portions of Arenac, Clare, and Alle­ tors will not be afforded significant pnce idated fund, if is equitable to employ ac­ gan Counties which are not now included advantage on milk for fluid distnb cumulated monies to defray such liabili­ under either the Muskegon or Southern there. There was general support w both handlers and producer ^ociatio ties and to carry over any minor balances Michigan order and the part of Presque in the Southern Michigan and Muskegon to be used for administrative costs of the Isle County which is not within the Up­ merged order. state Michigan order should be added to markets for inclusion of the above Virtually all producers who contributed the marketing area. Such territory has ties in the marketing area. to the market service funds of the pres­ become a primary distribution area for Newaygo County is located southo g_ ent orders also will continue to supply handlers regulated by the present orders. above group of counties. Ifcbord h are the expanded market. This makes con­ Most of this new territory lies between kegon and Kent Counties in w h ^ e solidation of the marketing service funds the marketing areas of Orders No. 40 and located Muskegon and Gra?d fe tin g appropriate since contributing producers No. 42 and the Upstate Michigan (Order major cities in the PI’eseidl • g^ja- would continue to receive similar market No. 43) marketing area. It includes all areas. Newaygo County thus tories services for accumulated monies remain­ unregulated territory in a band of 16 cent to other important sales terr ing in the market service funds. counties which begins at midstate on the of regulated handlers. More°vei Similarly, merger of the producer-set­ west and extends generally northeast­ kegon, Grand Rapids, and , „1 tlement fund balances is warranted be­ ward across the entire Lower Peninsula ulated handlers distribute 65 per cause most of the producers for the new of Michigan. Southern Michigan and all milk sold within this ^ n ty . market currently supply one or the other Muskegon regulated handlers have im­ Producers who suPp*,y or testified market. Producers from the present portant distribution outlets throughout County unregulated d^stribu ewaygo markets will make up more than 99 per­ this entire area. From their plants in in opposition to the.inclusion W g g . cent of the total. Nearly all the money Flint, Bay City, Saginaw, Lansing, Car­ County on the basis that sucn ui Friday, June 18, 1965 FEDERAL REGISTER 7905 tor pays for milk on a classified price all the producer milk received at a pool from the city. Milk was delivered to the basis There is no assurance at present, plant regardless of the point of disposi­ country plant locations in cans. In re­ however, that all fluid milk sold from tion. cent years there has been a general con­ his plant is paid for at a price equivalent Class I milk may be sold within the version by producers throughout the to the minimum Class I price required regulated marketing area from certain milkshed to the bulk tank method of de­ to be paid by regulated handlers selling plants not under any Federal order. One livery and such method now is dominant In the county. Full regulation is re­ source of such milk is a plant located in the market. Approximately 85 per­ quired to place this unregulated distribu­ outside the marketing area which dis­ cent of the producer milk is being tor on the same price and accounting tributes in the marketing area less than shipped from farm to plant in this way. hpsis as his regulated competitors. 600 pounds of milk per day. Such a Virtually all distributing plants outside In Allegan County, which is located plant is made exempt from regulation Detroit and its environs are fully sup­ south of Muskegon, an Order No. 40 han­ because it is not considered to be a sig­ plied directly from producers’ farms by dler from Kalamazoo, Mich., has im­ nificant competitive factor in this large the bulk tank method. This is particu­ portant distribution. Also, two Order market. Another source of milk not larly the case in cities such as Flint, Bay No. 40 handlers and an Order No. 42 han­ subject to full regulation is a plant which City, Saginaw, Lansing, Kalamazoo, dler have plants located in this county. fails to qualify as a pool distributing Grand Rapids, and Muskegon. The most populous portion of the county plant because its distribution of fluid' The Metropolitan Detroit area includes and a majority of the milk sold in the milk products on routes is less than re­ approximately 50 percent of the popu­ county already are under regulation. quired for pooling status. However, lation of the marketing area and re­ The record indicates the possibility that significant amounts of milk could be quires about 100 million pounds of Class there may be one unregulated handler distributed in the marketing area from I milk per month (one-third of the pro­ distributing in the county. There was this latter source which would have a ducer milk in the market). The fact no opposition to including the remainder disruptive effect on marketing unless that bulk tank routes may extend as far of the county in the marketing area. some method is used to integrate it into as 100 miles from the plant, as compared Territory occupied by local, state, or the regulatory plan. There is, of course, to a 50-mile maximum distance of Federal reservations, installations, or in­ no way to treat such unregulated milk direct-delivery can routes a few years stitutions geographically located within uniformly with regulated milk other ago, has resulted in a fourfold increase the defined marketing area should be than than to regulate it fully. Never­ in the direct-shipment procurement area part of the area to be regulated. Water­ theless, it has been concluded that the available to Detroit distributing plants. front facilities and craft moored thereat application of “partial” regulation to Today approximately 15 percent of the which are within such area also should plants of the latter type would not jeop­ producers’ farms are located within 50 be covered. Such government facilities ardize orderly marketing conditions miles of Detroit while about 60 percent and waterfront locations on Lake Erie within the regulated marketing area of the farms are within 100 miles of De­ and Lake Michigan are important sales under present circumstances. Official troit. Thus, on a direct-shipment basis outlets for regulated handlers. They notice is taken of the June 19, 1964, de­ there are within 100 miles of the city should be included in the marketing area cision (29 F.R. 9062) supporting amend­ supplies adequate to Detroit’s fluid needs. in order that regulated handlers will not ments to several orders, including .the Although nearly one-third of the Detroit be forced to compete at a disadvantage Southern Michigan and Muskegon fluid requirements still are furnished with unregulated distributors for such orders, which deal with the treatment of through country receiving plant assem­ business. The order should specify unregulated milk in the regulatory bly, bulk tank handling has made it clearly that all premises within such fa­ scheme. practicable to supply all distributing cilities are to be considered as part of Under the method of partial regulation plants in the Detroit area on a direct the marketing area and that all han­ continued in the consolidated, order, the farm-to-plant basis. dlers distributing there are subject to operator of a partially regulated distrib­ The location adjustment rate struc­ the terms of the order which are appli­ uting plant is afforded the options of: ture under the present Southern Michi­ cable to their operations. (1) Paying an amount equal to the dif­ gan order was adopted in February 1960, All producer milk received at regulated ference between the Class I price and the based upon evidence adduced at a hear­ plants must be made subject to classified uniform price on all Class I sales made in ing held in January 1959. With the Pricing under the order regardless of the marketing area, (2) purchasing at nearly complete conversion to bulk tanks whether it is disposed of within or out­ the Class I price under any Federal order since that time and an improved high­ side the marketing area. Otherwise, the sufficient Class I milk to cover-his dis­ way network in southern Michigan with effect of the order would be nullified and position within the marketing area, or superhighways connecting most of the . e orderly marketing process would be (3) paying his dairy farmers an amount principal urban centers with Detroit, jeopardized. not less than the value of all their milk there has been a great increase in ef­ If only a pool handler’s “in area” sales computed on the basis of the classifica­ ficiency in handling. Because of the were subject to classification, pricing, .and tion and pricing provisions of the order resultant reduced costs, the location ?°,0 u \a regulated handler with Class I (the latter is an amount equal to the values of milk in various parts of the sales both inside and outside the mar- order obligation for milk which is im­ milkshed have been altered significantly pw . ar?a could assign any value he posed-on fully regulated handlers). since 1959. S t0 iiis outside sales. He thereby While all fluid milk sales of the par­ The problem of location pricing could reduce the average cost of all of tially regulated plant are not necessarily at hand is essentially one of recognizing I-. . ?fs i milk below that of other regu- priced on the same basis as fully regu­ in the minimum price structure the new SJJ*“a n having all, or substanti- lated milk, the provisions described are, reduced cost patterns for moving raw 0f their class 1 sales within the however, adequate under most circum­ milk to various plant outlets and insur­ a area" Unless all milk of such stances to prevent sales in the marketing' ing an adequate supply to each of the ordP?dJ.er Were fully regulated under the area of milk not fully regulated (pooled) several consuming centers in the market­ to Pflw- m effect would not be subject from adversely affecting the operation ing area which in several instances are M 'price regulation. The ab- of the order and the fully regulated milk. located in principal producing counties of and afreffective classification, pricing, 2. (a) Location differentials. The lo­ southern Michigan. Concerning the o r L K o gv°f«Such milk would disrupt cation adjustment rates applicable to Metropolitan Detroit area, the present refill of JPa^ting conditions within the Class I and producer prices under the minimum price structure does not pro­ to a mm Marketing area and could lead order should be modified to reflect more vide sufficient incentive for bulk tank a breakdown of the order. If accurately the location values of milk de­ producers within direct-delivery range tion nf ,andlar were free to value a por- livered to various points in the Southern of the city to ship directly to Detroit it wrmi i ^ aulk at any price he chooses, Michigan marketing area. since they may realize a higher net re­ Price zones. Historically, Detroit dis­ turn for delivering their milk to Zone I form ^ ^Possible to enforce uni- tributing plants relied for a major pro­ distributing plants outlying from De­ or a im?fCeS to a11 fully regulated handlers portion of their milk supplies on milk troit or to country supply plants which ducerc Ju1*1 kasis °i Payment to the pro- assembled at and transshipped from are generally closer to their farms. This essentiaw^ supply the market. It is country receiving stations and supply is the result primarily of inadequate , therefore, that the order price plants located beyond a 50-mile radius compensation to the direct-delivery pro- 7906 PROPOSED RULE MAKING ducer relative to producers at outlying in the Detroit order before the marketing The extra value of milk received at the plants to offset higher hauling costs to area was enlarged in February 1960. city location as compared to its value Detroit caused by the lack of adequate Adjustments to producer prices for lo­ when received at the country assembly return to direct-delivery producers on cation should reflect the relative value point has been well established in the their excess milk (over base), the longer of milk delivered to city distributing past by the prices and charges necessary distance traveled, and the increased plants as compared to milk delivered to to induce movement of the needed sup­ time consumed by haulers under con­ supply plants and receiving stations. plies to Detroit. This value relationship gested traffic conditions. Historically, location adjustment rates has been altered, however, by the fact Because Detroit is by far the largest in the market were based on the cost of the relatively new and lower cost bulk of the consuming centers in the market­ of moving milk from receiving (assem­ tank delivery method, but a higher value ing area and must obtain the largest bly) plants outlying from Detroit dis­ of milk delivered at Detroit still prevails. volumes and reach the farthest distances tributing plants. With bulk tanks the Even with bulk tank handling the Class for milk as compared to other marketing direct-delivery area has expanded so that I price level at Detroit must be sufficiently area cities, it is in important competition all distributing plants in the market are above the levels at outlying plant loca­ with some of the other cities for supplies. now within range of an adequate supply tions in the milkshed to induce the deliv­ Most other cities of the marketing area by direct-delivery. Direct-delivery by ery of whole milk to Detroit for its prin­ need reach out a radius of only 10-25 bulk tank has become the most prevalent cipal uses there. miles in order to find necessary supplies. method of delivery in the market and Bulk tank handling in this area has These secondary consuming centers com­ represents the lowest cost method of get­ progressed to the point that the most pete with each other for supplies and ting milk from the farm to the popula­ likely alternative source to replace nearby their hauling rates are very similar. tion centers in the market. With the milk for Detroit is direct receipts from Also, the hauling rates to thè latter for development of bulk tank handling the producers in a more distant territory. farm-to-plant delivery generally are need for country receiving stations is Therefore, the relative location values of lower than for farms in similar vicinity diminishing. In general, the variation producer milk under today’s conditions shipping to Detroit. There is a tend­ in bulk tank hauling rates based on dis­ are reflected in the differences in haul­ ency, however, for Detroit to draw milk tance traveled is about 1 cent per 10 ing cost to deliver to a Detroit plant as in competition with such markets as miles radius from the plant. Typical compared to delivery to an outlying Jackson and Lansing and for the latter hauling rates on routes up to a 20-mile plant. In order to encourage the deliv­ in turn to compete with cities to their radius are 20 cents, up to a 75-mile ery of milk to Detroit (and to the other west, such as Kalamazoo, Grand Rapids, radius 25 cents, and up to a 120-mile consuming centers) by the most efficient and Muskegon. A reasonable schedule radius 30 cents. means, these differences in cost should be of location adjustments should recognize Under the past method of supplying reflected in the minimum price structure this competition in supply procurement Detroit’s needs for whole milk; i.e., the to producers. As part of a modified lo­ and, in the interest of marketing effi­ receipt of milk at country receiving sta­ cation pricing plan, a “direct-delivery ciency, encourage the movement of pro­ tions and its transshipment to city bot­ differential”, or plus zone adjustment, on ducer milk needed at fluid market out­ tling plants, the order specified certain all milk of the producer direct-delivered lets at the lowest possible cost to rates for location of plant as an allowance from farms to plants located in and near producers. for movement of the milk from the coun­ Metropolitan Detroit, as proposed by sev­ Producer associations in the market try plant to the city. These rates were eral producer groups, therefore should submitted,a variety of proposals ori loca­ (and still are) applicable to Class I and be adopted. tion pricing. Several associations pro­ base prices. However, the handler of the While the focal point of the location posed area zoning which would modify city distributing plant purchasing from price structure in the marketing area is the area zone structure in the present a country plant operated by a coopera­ Detroit, there are, however, several im­ Southern Michigan order by employing a tive customarily has paid, over and above portant secondary markets or popula­ plus 3-cent “direct-delivery” differential the Class I price at the country receiving tion centers within the marketing area on producer milk delivered from farms plant location, a plant handling charge at varying distances from Detroit. The to Metropolitan Detroit plants and re­ and any transportation charge applied in location price structure therefore should ducing the range of minus adjustments excess of the location adjustment allowed be such that adequate supplies of milk applicable on such milk delivered to under the order. At the time of the will be attracted to these cities as well as plants in zones outside the present Zone hearing the additional transportation to Detroit. To accomplish these purposes I (zero differential) from a range of 7-20 charge most commonly imposed by coop­ a zone price structure similar to thei one cents to a range of 3-15 cents, generally erative sellers was 5 cents per hundred­ presently employed in the Southern in proportion to distance from Zone I. weight and the country plant handling Michigan order, but appropriately modi­ Zone boundaries would be modified to charge was 14 cents per hundredweight. fied to fit today’s marketing conditions, some extent. Another association pro­ In certain other instances the propri­ will best reflect the location utility w posed a somewhat similar price structure etary handler incurs the equivalent of milk at various other points in the ma - with the same plus diréct-delivery differ­ such cost of country receiving by operat­ keting area and milkshed. . ential but with lesser differentials appli­ ing his own receiving station. A direct-delivery differential of 4 cents cable in outlying zones. The value to a handler of dire9t-deliv- per hundredweight should be . Another producer proposal would ap­ ered milk is related to the lowest cost of to all milk received from farms at pla ply a minus differential of 5 cents at all an alternative supply which meets his re­ located in the townships of Royal ua supply plants wherever located, or, con­ quirements. When abundant Supplies and Southfield of Oakland County and trariwise, a direct-delivery differential of are available from a relatively large in those portions of Wayne County o 5 cents at all distributing plants. One number of producers who are delivering than the townships of Northville, Py® association proposed that the consoli­ to nearby pool plants and being paid the outh, Canton, Van Buren, Sumpter, u dated order provide only a plus 5-cent order minimum prices, only a small in­ vona, Nankin, Romulus, Huron, Tayl - direct-delivery differential at Detroit crement is needed to induce an adequate Brownstown, Monguagon, an“ most plants with no minus adjustments at supply of direct-delivered milk at a given Isle. This area represents Jhe m other locations. location. If the best alternative source densely populated urban area o Handler proposals varied from: one is direct receipts from producers in a politan Detroit. •»jrî/.WffAn suggesting complete elimination of loca­ more distant area, direct delivery from Under the présent Southern Mich e tion differentials to retention of the pres­ the nearby producers is worth the price order there is no price differential œ ent zone structure. Several handlers which must be paid in the more distant tween Detroit and the outlying ^ suggested that either no direct-delivery territory plus the additional cost of Ann Arbor, Pontiac, Port Huroni, differential should apply at Detroit plants transporting milk from that distant ter­ Saginaw, and Bay City, wtu,c]i. ores- or a differential snould apply only on ritory. If the best alternative supply is constitute the population cent®^® from Class I or base milk rather than on all milk from a country supply plant, the ent Zone I which are deliveries of the producer. One handler worth of direct-delivery milk will be re­ Metropolitan Detroit. A ® poli. hundredweight differential at » t0 proposed adoption of location adjust­ lated to the class price at that plant plus tan Detroit plant iocatiom relative^ ments strictly on mileage zoning (in the charge for country plant handling contrast to area zoning), as employed and hauling. the remainder of Zone I as defin Friday, June 18, 1965 FEDERAL REGISTER 7907 decision (which varies slightly from pres­ all his milk by this means for bottling costs, and compensating the direct-de­ ent Zone I) on milk direct-delivered to use will benefit all producers through livery producer for the added cost he in­ plants so located should provide an ade­ the overall savings in transportation curs in delivering directly to the city lo­ quate return to producers to offset the made possible. cation. relatively high cost of hauling to plants It was objected that in some instances The location adjustment structure in this congested portion of the market­ such application will mean that the outside the present Zone I (zero differ­ ing area. direct-delivery differential will be paid ential) should be revised in recognition Some producer associations proposed on milk which the handler actually uti­ of the general reduction in transporta­ that the direct-delivery zone price be 3 lizes in Class U. It is concluded, how­ tion costs resulting from bulk tank de­ cents per hundredweight while others ever, that the differential should be pay­ livery and to reflect net differences in proposed that it be as much as 5 cents per able on all milk so received by all plants cost associated with distance relative to hundredweight. Proponents of the 3- in the designated area regardless of the delivery to Zone I. A precise description cent differential stated that it takes at type of operations conducted in the plant. of each of the various price zones, which least 3 cents per hundredweight addi­ All the milk delivered by producers to vary to some extent from their counter­ tional to induce haulers to negotiate the the designated area is available for the parts under the present Southern Mich­ congested traffic condition in Detroit as fluid market. Moreover, any milk uti­ igan order, is set forth in § 1040.54 of the compared to hauling the milk to plants lized for other than fluid purposes, as order included in this decision. For pur­ in the fringe area or suburbs of the city. well as for fluid requirements, in an area poses of the discussion below, however, One witness stated that hauling rates of highly deficit production, such as the references of a more general nature are into Detroit from the “thumb” area to city of Detroit and its environs, requires sufficient. the north average about 5 cents greater delivery from more distant production In view of the plus 4-cent differential than hauling rates on milk from the same areas. Since milk customarily is manu­ for delivery to Detroit, the present dif­ area delivered to PontiaC (25 miles north factured into Class n products by pro­ ferential for that portion of the present of the City Hall in Detroit). Other wit­ ducer organizations in outlying areas in Zone n lying west of Zone I of minus 7 nesses stated that hauling rates on some the milkshed, the producer should not be cents should be changed to minus 3 routes originating about 60 miles west of placed in the position of taking a return cents. This part of the present Zone n Detroit were 5 cents greater into Detroit on any part of his milk delivered to the includes the territory lying approxi­ than to plants in the vicinity of the city location lower than he would receive mately 50-90 miles west of Detroit and farms. • at a country supply plant, taking into encompasses the territory surrounding Ideally, the amount of the differential account the lower cost of hauling to the the cities of Jackson (75 miles from De­ should reflect the added direct-delivery latter plant. Thus, if the handler re­ troit) and Lansing (90 miles from De­ cost of transporting milk to Detroit quires delivery directly to Detroit, it is troit) as well as the pool supply (manu­ plants compared to delivery to other Zone not unreasonable to require reimburse­ facturing) plants at Adrian (70 miles) I plants and various supply plants. Since ment to the producer for the extra cost and Mason (80 miles). Further de­ these plants are at varying distances of such deliyery relative to transporting scribed, this territory includes Lenawee, from near-in Detroit plants, it is not pos­ to the country plant location whether a Jackson, Ingham, Livingston, and Wash­ sible to establish one differential which Class I or Class II use is intended at the tenaw (western portion only) Counties. precisely reflects the additional hauling city location. Taking the direct-delivery differential costs to such plants from each other lo­ The application of the direct-delivery into account, this results in the same cation. However, the amount of the dif­ differential in this manner may be com­ location price difference between plants ferential between Detroit and nearby pared with the cost of milk to the han­ ifx this zone and Detroit plants as now cities should not be significantly greater dler for Class n use at the city under the prevails. It also will result in a 3-cent than the added hauling cost involved in interplant delivery system. Prior to the difference between Zone n and thé rela­ order that plants in these nearby cities use of bulk tanks Detroit handlers ob­ tively nearby plants in Zone I outside may be assured of supplies. In view of tained most of their milk supplies the Metropolitan Detroit area. all the evidence a differential of 4 cents through country supply plants and some The remainder of the present Zone n would be adequate between Detroit and still do. Except for an 8 percent allow­ (east of Zone I) includes the lower por­ such other plants. ance over actual Class I needs (to cover tion of Lapeer County with a supply As a “direct-delivery” differential, the day-to-day sales variations), such a han­ plant located at Imlay City. This plant 4-cent differential at Detroit plants dler receives no location credit under the is in a sparsely populated area 30 miles should be paid by the handler directly order on transfers of milk from supply east of the city of Flint (Zone I) and 50 Jo the producer (rather than to all pro­ plants for Class n use. Such pricing miles north of Detroit. ducers through the producer-settlement provisions recognize that the transporta­ The recommended decision provided tuna) f°r all milk delivered to such tion charges on the finished dairy prod­ for a minus 3-cent differential for this a w u Such Payment will tend to re- ucts, such as butter or nonfat dry milk, portion of the present Zone n , and the 7® location utility of all milk are minimal as compared with the haul­ southern portion of Tuscola and Sanilac by the individual producer—hot ing cost on whole milk and that milk can Counties. In their exceptions the co­ ¡¡f S? base milk. The present South- be readily processed into Class n manu­ operative which operates two of the three lnna+s c^ an or the new provision for a ternative of paying the extra charges in­ ferential Should be fixed at plants in S i t luery a g e n t ia l payable di­ cidental to purchasing through a country Lapeer County, the northern portion of set i!i the pr°ducer is designed to off- plant to obtain whole milk for such use St. Clair County and the southern por­ pinff « &vge par^’ i'be extra cost of ship- at the city. tions of Tuscola and Sanilac Counties com °b phk to the Detroit location as It is concluded that adoption of the (Zone III). direct-delivery differential will promote The exceptions emphasize the record Plant iFed i° dipping the same milk to a orderly marketing by assisting to induce testimony that unlike the Zone H terri­ cnur! °Cated nearer his farm. The en- an adequate supply at near-in Detroit tory lying west of Zone I this portion of i; gement to the producer to deliver plants by efficient means of handling, en­ the “thumb” area of the state lying 50- couraging a further shift from country 80 miles north of Detroit has no local discussed, a producer’s milk is receiving to the more economical direct population centers such as Lansing and tocation f 85 ^elivered to a given zone plant shipment from farms to city plants, in­ Jackson which require substantial quan­ Percent entire month if at least 65 suring that the potential savings from tities of milk for fluid use locally within there. 1 tae mon*hly deliveries are made such handling method will be returned to the production area. Nof does it have producers, better equalizing, handlers’ the fast roadways to Detroit as in the 7908 PROPOSED RULE MAKING case of Zone K areas in the direction of After a careful review of the record in the east by superhighways, making it Jackson and Lansing. Thus, it is ap­ light of exceptions, it is concluded that relatively easy and inexpensive to move propriate to provide for a slightly greater the location adjustment in this area milk from this area towards markets in (additional 2 cents) incentive to the should be the same as at Battle Creek central and eastern parts of the State. producer in this area to move his milk and Kalamazoo. However, under the present Southern to Detroit than is needed for equally There is a pool supply plant (receiving Michigan order the area west of Tangly distant territory west of Detroit. station) located at Litchfield in the and Jackson is divided into three zones, A minus 5-cent differential at pool northwestern comer of Hillsdale County. where prices are 5, 8, and 13 cents, re­ plants located at Imlay City, Brown It was pointed out in the exceptions that spectively, lower than the level applicable City, and Peck in this lower “thumb” if this plant were provided with a higher at Lansing and Jackson plants. - Such Zone III territory will provide a 5-cent price than at plants in the cities of Battle differentials have tended to encourage transportation incentive for producers to Creek and Kalamazoo there would be some producers under the order to seek deliver their milk to Zone I cities of undue incentive to producers in the ter­ markets to the east in other location Flint, Pontiac, and Port Huron and a ritory south of these cities to ship their zones where the higher zone prices more 9-cent incentive to ship direct to De­ milk to the supply plant rather than to than offset the extra hauling cost. troit rather than such local plants.. fluid milk outlets in Battle Creek and The zoning proposals of the several It is appropriate that additional milk Kalamazoo. In addition, an additional cooperatives called for one western zone produced in this close-in area be moved 2 cents in the differential will provide encompassing all the cities on the west­ to Zone I cities (including Detroit) for greater assurance that producers in this ern side of the State with a minus loca­ fluid use, as the opportunities to supply area will ship their milk directly to fluid tion differential 3 to 4 cents greater than milk by bulk tank increase. Zones I, II milk outlets in Detroit when needed the amount applicable at Lansing and and the lower “thumb” area in combina­ there. Jackson. In this connection they stated tion include about 75 percent of the pop­ Zones L H, HI, and the portions of that in February 1963 the associations ulation of the marketing area but only Zone IV described above together com­ began paying producers under their about 40 percent of the producer milk. prise about 80 percent of the population premium price plan on the basis of a lo­ Class I milk requirements for this com­ in the marketing area while about 65 cation adjustment schedule different bined area are about 145 million pounds percent of the total market supply is from the one under the present South­ per month and production within the produced within this combined territory. ern Michigan order for the purpose of area is about 130 million pounds per It is estimated, however, that while about discouraging the movement of milk out month« 160 million pounds of milk per month are of the lower priced western zone into As in the case of the lower “thumb” needed for Class I use within this area the higher priced zones since the milk area exceptor pointed out that the rec­ (within about 120 miles of Detroit), was not needed in the latter zones. ommended reduction in the amount of about 215 million pounds of milk per It is appropriate to adjust prices in the the location adjustment applicable in month are produced therein. Although western cities relative to the central and the upper “thumb” area likewise should this area has less production relative to eastern cities so as to reflect as nearly as be adjusted by 2 cents, to a minus 7 cents fluid needs as compared to the remainder possible current differences in direct-de­ rather than a minus 5 cents. of the market, there nevertheless is more livery hauling rates between zones. To This upper “thumb” area covers ter­ than an adequate supply of milk for accomplish this the western portion of ritory from approximately 80 miles to 125 fluid use within this 120-mile range of the market should be divided into two miles from Detroit. Thus, it could be Detroit. price zones. The cities of Battle Creek, expected that there would be a range of The location differential structure in Kalamazoo, Grand Rapids, and the ad­ 4 cents difference in hauling rates to the remainder of the market therefore jacent areas should be in one zone to be Detroit from various locations within the should be formulated so as not to en­ designated Zone IV. The cities of Hol­ area. Pool plants in this area are lo­ courage milk to be attracted to the land, Muskegon, and the western tier of cated at Bad Axe and Sebewaing, 107 and southeastern part of the market as it is counties should be in the other zone— 114 miles, respectively, from Detroit. A unneeded there for fluid use. Such a Zone V. The differential in Zone IV m in u s 7 -cent differential at these loca­ price structure will tend to maximize net should be minus 7 cents (or 4 cents under tions in combination with a plus 4-cent returns to producers by not encouraging the price at Lansing and Jackson). A differential at Detroit will provide pro­ the employment of unneeded milk haul­ 4-cent difference closely reflects the ad­ ducers an 11-cent price difference to de­ ing facilities. Nevertheless, as in other ditional direct-delivery cost of shipping liver their milk to Detroit plants com­ zones, location differentials in the re­ milk to Jackson from farms located in the pared to local plants. In consideration maining surplus production area should vicinity of Battle Creek, which is about of these distances from Detroit, the re­ be kept in practical relationship to the 40 miles west of Jackson. Similarly, It vised differential will better reflect the cost of hauling to the deficit area (Zone is about 40 miles between Lansing and the prevailing 1-cent per ten miles hauling I ). Milk in production areas such as the pool manufacturing plant at Saranac, rate by bulk tank described in the rec­ western and northern portions of the another alternative outlet for milk from ord. Thus, this upper “thumb” area of Lower Peninsula, where milk produced the Grand Rapids area. Huron County and the northern portion exceeds local fluid market requirements, Kalamazoo and Grand Rapids are only of Tuscola and Sanilac Counties should has a value in Class I closely related to 20 miles west of Battle Creek and Sara­ be included in Zone IV.. the price in the nearest area where the nac, respectively. Any differential milk may be put to fluid use less the cost prices between these respective locat The territory lying within approxi­ would tend to encourage producers to mately 50 miles west of Zone I cities of of transporting milk to such area. Flint, Saginaw, and Bay City should be A principal change needed in the pres­ ship their milk east of these cities, P included in Zone HI—minus 5 cents. It ent location adjustment structure is a ticularly to the manufacturing Pj includes the counties of Arenac, Gladwin, reduction in the amount of minus ad­ Saranac. A 2-cent higher price at Baia Midland, Isabella, Gratiot, Clinton, justment applicable at plants on the mazoo relative to the tier of c0^ \. ^ Shiawassee, Eaton, and portions of Bay, western side of the state, i.e., plants in the west will tend to insure supphes » Saginaw, Montcalm, and Ionia. and around the cities of Grand Rapids, this city relative to the poo manufactur A 5-cent differential in this area will Muskegon, Holland, Kalamazoo, and ing plant located in AU| g^ tprnative Battle Creek. These cities and their which also represents a re^dy £L west of reflect closely the additional cost to a outlet for those milk producers wes^o^ producer to have his milk hauled to a neighboring territory in the counties of Muskegon, Ottawa, Kent, Oceana, Ne­ the city. To assure that adequat suPf plant in the Zone I “corridor” cities of plies will be delivered to these c Flint, Saginaw, and Bay City. waygo, Mecosta, Allegan, Barry, Van Buren, Kalamazoo, Berrien, Cass, St. minimum transportation . ne Calhoun, Branch, and Hillsdale Coun­ Joseph, and the western portions of ties which are located on the western should be in the 7-cent « g g f t j g Branch, Calhoun, Ionia, and Montcalm Specifically, this Zone IV s d edge of Zone H should be in Zone IV— Counties have about 17 percent of the the counties of Mecosta, K _ ^ minus 7 cents. In the recommended de­ population of the market and 24 percent Kalamazoo, St. Joseph, of cision the Zone i n minus 5-cent differ­ of the available supply of producer milk. Hillsdale, and the western portion ential was provided for this area between The cities in the western side of the Montcalm and Ionia Counties. the cities of Jackson and Battle Creek. State now are connected to the cities to Friday, June 18, 1965 FEDERAL REGISTER 7909

The differential in the western tier of zones. As previously discussed, this ad­ specified zones. The most likely loca­ counties (Zone V) should be minus 9 ditional hauling cost is about 1 cent per tions of such plants are south of the cents (making the pride 2 cents below 10 miles. Michigan State line in the States of Ohio that at Grand Rapids and Kalamazoo). The first of these three zones should and Indiana. A differential of the The cities of Holland and Muskegon are be an extension of Zone V (9 cents) on amount provided for the zone nearest to located in this area on the edge of Lake the west side of the state and continue the plant plus 1 cent for each 10 miles Michigan and are about 30 and 40 miles, northeastward across the state above that such a plant is located beyond the respectively, from Grand Rapids. Since Zones IV and III. Specifically, this nearest point in such zone will assure these cities are located next to the lake would extend Zone V to include Newaygo, proper price alignment with plants lo­ on their western side, their milk supplies Oceana, Mason, Lake, Osceola, Clare, cated in the specified zone areas as well must be procured generally to the east Missaukee, Roscommon, Ogemaw, and as reasonably to reflect transportation toward the Grand Rapids procurement Iosco Counties. The only presently reg­ costs based on distance. area. A differential in excess of 2 cents ulated plant in this area is a pool supply Certain other exceptions also related below the price at Grand Rapids would plant at Evart in Osceola County which to the recommended zone location differ­ tend to encourage producers in the west­ is about 85 miles northwest of Saginaw entials. Generally, such exceptions ern tier of counties near Muskegon and and Bay City (Zone I ) . It is expected, called for a modification of the recom­ Holland to ship their milk tcT Grand however, that six bottling plants within mended zone structure so as to better Rapids. A 2-cent differential, however, this group of counties will become regu­ accommodate the movement of milk to should not tend to encourage producers in lated by the inclusion of this territory in manufacturing plants as opposed to the the western-most portion of these coun­ the marketing area. A minus 9-cent modifications adopted herein in the in­ ties to ship to Grand Rapids. In addi­ differential will reflect the location utility terest of insuring more milk to bottling tion, Muskegon and Holland are located of milk at all such plants in this zone plants. somewhat north and south, respectively, relative to prices at principal cities in the After careful review of such exceptions of Grand Rapids and thereby would be market. in connection with the record, however, able to attract supplies from such direc­ The next zone (Zone VI) should in­ it is concluded that the location adjust­ tions in competition with a 2-cent higher clude the counties of Alcona, Oscoda, ments zones and rates set forth herein price at Grand Rapids. Crawford, Kalkaska, Grand Traverse, reflect the record evidence on the differ­ If the western tier of counties were in Wexford, and Manistee. This tier of ence in prevailing hauling rates by bulk the same price zone as Grand Rapids and counties (next to Zone V) is about 30 tank trucks to more distant city bottling Kalamazoo, there would be no incentive miles wide. A minus 12-cent differen­ plants compared to county manufactur­ for producers located there to ship their tial is appropriate for this zone. ing plants located nearest the farms. milk to these cities as the manufacturing The recommended decision included Thus, the schedule of rates adopted will plants located in Allegan and Ottawa Mason and Oceana Counties in Zone VI effectuate the policy of the act by helping Counties are closer to their farms. On rather than Zone V. Following consid­ to assure adequate supplies of milk for the other hand, if the prices at Grand eration of an exception* on the appro­ fluid uses and promote orderly marketing Rapids and Kalamazoo were fixed more priate price zone for these two counties, by employing location adjustment rates than 4 cents lower than the price in the it is concluded that the location differ­ whereby net returns to producers at most eastern markets of Lansing and Jackson, ential in these counties should be the locations will not differ significantly there would be a tendency for producers same amount as in Lake and Newaygo whether their milk is directed to fluid located on the eastern edge of these cities Counties. As in the case of Berrien milk outlets in the marketing area or to to ship their milk eastward. These two County, these two counties (Mason and nearby manufacturing plants. cities, in turn, would be forced to rely on Oceana) are lakeside counties. Thus, Transfer adjustments. The transfer supplies located to the west. It is con­ plants located therein tend to compete adjustment credits to handlers operating cluded that the price structure provided for supplies back inland with plants in distributing plants, on milk received from «If61? wAiU tend to attract adequate sup- Newaygo, Muskegon, Mecosta, and Os­ other pool plants and allocated to Class I, pues to these western Michigan cities as ceola Counties. The 3-cent lower price should be modified to reflect the amount weu as reflect the location utility of milk- provided in the recommended decision applicable at the location of the trans­ m the area in relation to the Detroit level, would have provided undue incentive for feror plant under the aforementioned ernimc i z?ning Proposals producer producers in these counties to ship their schedule of location differentials. s S l 2 aced Berrien County (in the milk to such other plants and thereby Certain producer associations proposed 2 S tern Corner of the state) in a not assure adequate supplies at the two that transfer adjustment credits be mod­ zone with a differential of 4 bottling plants in the lakeside counties. ified by applying a schedule of allowances mazmnt^i°Wer than the price at Kala- Thus, it is appropriate that Mason and for interplant movements different from of KalamT^18 coan.ty lies 40-60 miles west Oceana Counties be included in Zone V the rates applicable to Class I and base bySkT iK and ls bordered on the west rather than Zone VI. prices and that all such transfer credits aîea muîf nhlgan- Thus’ plants in t^ s The remaining Lower Peninsula coun­ be discontinued after a period of 2 years. toward KaiamCUre ?upplies to the east ties of Alpena, Montmorency, Presque In support of the proposed change, pro­ and A iiS l T Z00L.in Cass> Van Buren, Isle, Cheboygan, Otsego, Emmet, Char­ ponents stated that the cost of moving must ^ounttes and, accordingly, levoix, Antrim, Leelanau, and Benzie milk a given distance from one plant to with what, ? w UCerL a price comPetitive should be in a minus 15-cent zone (Zone another plant frequently is greater than to Kalamn^65^Would receive by shipping VII). This would reflect the location the difference in direct-delivery costs for 2 cSs A Price this comity utility of milk at plants in this area rela­ the respective locations. The proposed attract Kalamazoo, should tive to the zero zone (Bay City, the north­ adjustment rate is 10 cents per hundred­ Portion of fhd ?upplfes from the western ernmost city in the zero zone, is about weight plus 1 cent more for each 10 miles, heater diff*16 lakeside counties while a 150 miles south of Zone VII). The only or portion thereof, that the transferor would tend to en- pool plants in Zone VII are located at plant is located more than 50 miles from maz00g h producers to ship to Kala- East Jordan and Hillman. the City Hall in Detroit. Proponent con­ This zone differential structure in­ tended that this schedule would be ade­ MSegraSn«r? of counties from cludes all the territory in the Lower quate to cover the transportation cost of Allegan van n h (Muskeg°n, Ottawa, Michigan Peninsula and thereby includes moving milk from supply plants to bot­ ^ o r e l l n v ? 1’ Cass- Berrien) zone. s"ould be in the minus 9-cent the locations of all plants which are cur­ tling plants in Detroit. rently pooled under either of the orders The 2-year limit on the proposal was ! < a u t e d^ the Lower Peninsula to be consolidated and those of the ad­ based on the estimated completion date ditional plants which will be brought of the conversion from can to bulk tank mentioned zonJa^J10^ 11 of the afore- handling in the market. Thus, propo­ %e ZOnes S L Sh^ I d be divided into under regulation by expansion of the closely refleet differentials which marketing area. However, in the event nents contend, the proposals would tend Ruling cnstc additional direct-ship to equalize handler costs on milk from plants located outside the above zones supply plants with that which is direct- cities in Znna -bcrefrom to the nearest should become pool plants, provision delivered from farms. fog costs fn l aSi compared with haul- should be made to assure their proper I *** to local plants within such The proposed transfer credits would price alignment with the plants in the not be significantly different from the 7910 PROPOSED RULE MAKING zone location differential rates adopted inventory of fluid milk products on hand milk to manufacturing use on certain herein where the transfer is between at the end of the month are in Class n . days of the week is likely to involve plants which are both located beyond 50 There are also daily variations in demand movement to a lower-priced zone. Thus, miles from the City Hall in Detroit since for fluid items which cannot be forecast there is present the question of appropri­ both rate schedules are based on a pre­ with exactness. Thus, as a practical ate pricing of the milk on days of diver­ vailing hauling cost of 1 cent per 10 miles matter, it is virtually impossible for a sion to another price zone. (earlier explained). distributing plant to utilize as Class I, Milk which was never intended to be The proposed transfer credit schedule all milk brought in from country plants. utilized to fulfill Zone I fluid require­ indicates that there is an additional 5 The provisions of the order adopted ments, and with respect to which the cents “fixed cost” in transporting be­ herein afford the same net return to pro­ greater transportation cost to such zohe tween plants as compared to differences ducers for milk so used at Detroit distrib­ was not incurred, should not be paid for in rates for direct-delivery hauling. Ap­ uting plants irrespective of whether it is at the Zone I price. The possibility of plication of the 1 cent per 10 mile rate obtained directly from the farm or assigning more producer milk to a within the 0-50 mile zone (where the through a supply plant. Elimination of higher-priced zone than is needed for proposed rate was 10 cents) would leave the transfer credit would return a higher zone requirements, which extra milk is a residual of 5 cents. Thus, handlers net price to producers for milk moved to diverted to another zone, should be mini­ could be expected to pay 5 cents more the city through supply plants than that mized by adopting the proposal to apply per hundredweight for transferred milk which is obtained on a direct-shipped the weighted average of the zone rates than for direct-delivery milk under the basis. In view of such circumstances it based upon the respective deliveries to zone transfer credit schedule.' is appropriate that the order continue to each zone. Contrariwise, milk which is A transfer adjustment credit to han­ provide a reasonable margin in the intended to fulfill such Zone I require­ dlers which is greater than the Class I amount of transferred milk on which ments, and which is regularly and sub­ price differences by zones is not neces­ transportation credit is allowed. It is stantially so used, should receive the sary to achieve adequate supplies at dis­ concluded that the present order provi­ price for Zone I where ordinarily re­ tributing plants and would tend to pro­ sion accomplishes this purpose and ceived even though it sometimes may be vide less incentive to use the most should be continued. diverted for the convenience of the han­ Deliveries divided between zones. Sev­ dler. The delivery of 65 percent or more efficient means of getting milk to the of the producer’s milk to Zone I is rea­ market. eral cooperatives proposed that loca­ There are several handlers in the mar­ tion adjustments applicable to payments sonable evidence of the continuing need ket who currently are paying an extra to producers for base milk and milk to of such milk for zone requirements and 5 cents per hundredweight (transporta­ be paid for at the uniform price or ad­ thus warrants the pricing of all milk of tion) to obtain supply plant milk. justed uniform price should be at the the producer according to that zone. Presumably there is some advantage to rate applicable to Class I milk (not in­ The assignment of milk to plants for cluding the 4-cent direct-delivery differ­ pricing on the above basis will sene the particular handler in obtaining milk orderly marketing by encouraging an from supply plants which is worth the ential previously adopted herein). It was proposed further that in the case of optimum adjustment of supplies to zone extra cost in light of the currently avail­ needs. It will also make possible uni­ able alternative of receiving direct-deliv­ any producer whose milk is physically received at plants in more than one price form payment to producers whose milk ery milk. By employing only one sched­ is cutomarily received at Zone I plants ule of location adjustment credits under zone during the month, the location ad­ justment should be the weighted average and thus is made fully available for fluid the order, each handler will be in a po­ use, irrespective of whether the receiving sition to choose the method of obtaining of the adjustments for the respective plant locations, provided that if 65 per­ handler holds all such milk in the zone a milk supply which best suits his needs or chooses to divert on weekends to a without burdening the producers’ price cent of a producer’s milk were delivered with transportation charges higher than to plants in a single zone during the lower priced zone. month, all milk of such producer for It is recognized that careful account­ are required by direct-delivery made at ing practice will be required to determine their expense. the month would be priced at such zone. The location differential rate schedule the milk eligible for Zone I pricing. Several producer associations proposed While it may be expected from the rec­ further that the location adjustment is such that when taken in combination with the producer’s hauling rate it re­ ord that producers will be assigned credits on transfers of milk from supply rather consistently to given plants, thus plants be limited to the actual volume of flects the location utility of the milk. Thus, under ordinary circumstances, the reducing the administrative problem o Class I milk processed (less receipts of determining whether the producers mil other milk allocated to such class) rather producer would receive about the same net return at each zone location and has met the delivery requirement of m than apply to 108 percent of Class I provision, we may not dismiss enti j volume in the plant as under the present therefore would be indifferent as to whether his milk is shipped to a nearby the possibility of some administrative Southern Michigan order. This proposal difficulty in such regard. T h e provision would require the handler purchasing supply plant or to a more distant distributing plant in a closer-in zone. has merit, however, and should not from country supply plants to pay the denied on this potentiality. T interplant transportation cost on all Distributing plants receiving direct- delivered bulk tank milk ordinarily will (b) Class I milk prices. The Class (rather than on a portion of) such re­ price should be established at the 8®n ceipts of whole milk which are utilized rely on such supplies for their full weekly needs, the only exception being level (annual basis) which prevails as Class II use in his city distributing rently in the Southern Michigan marke. plant. when supplemental, or emergency, sup­ The method of determining the CM» Proponents contended that because of plies are required from supply plants. On the other hand, on nonbottling days price should provide for a the change to bulk tank handling in the monthly differential adjusted W market whereby all plants can be ade­ such as weekends, or where for other reason surplus accumulates at the dis­ supply-demand formula sijffij8* hern quately supplied on a direct-delivery now provided for under the S basis, there is no need to assure that the tributing plant, some of the bulk tank . milk may be diverted therefrom to manu­ Michigan order. The market be supplied through transship-^ General level of Class I p£.1t'Drjces ments from supply plants by allowing an facturing plants. At certain of the dis­ tributing plants, however, milk received, present annual level of mqoufhern extra margin beyond Class I sales vol­ fixed under the terms of th®. ,d be ume in computing the handler’s transfer including weekend supplies, is “banked” Michigan order market shou credit. To the extent that such credit at the plant for later use on heavy bottling days. continued. , Dro- could be attributed to assuring some un­ Several producer ^ ^ f ^ f S e n t ia l necessary reserve of milk at bottling For each zone except Zone I (which posed that the stated Class I b plants, it would seem appropriate to includes Detroit) there are few, if any, be uniform in all moirfta at gea. adopt the proposal. However, there are instances when diversion to a supply Zone I, the average of the pres ^ plant as compared to delivery to a dis­ pertinent aspects of the provision which sonal differentials order. are not appreciably affected by the tributing plant means a change in pric­ under the Southern Michigan » ^ change to bulk tank handling. ing zone. On milk customarily delivered to fulfill the needs of Zone I distributing They proposed further tha deemed a Under the classification and account­ a supply-demand adjusto ing provisions of the order, shrinkage and plants, however, the diversion of such Friday, June 18, 1965 FEDERAL REGISTER 7911 necessary adjunct to the Class I pricing price would apply to about one-fourth market. This is evidenced by monthly formula, the present Southern Michigan of the milk under the combined orders seasonal indexes of producer milk re­ order supply-demand adjustor be con­ and amount to nearly two cents on all ceipts in each market computed from tinued, modified principally with respect Class I milk. The net effect of all data for the 4-year period 1961 through to the maximum amount, plus or minus, changes in location adjustment rates 1964* The month of July 1963, for ex­ by which such formula may adjust the amounts to about four cents on all Class ample, shows an index of 93 percent Class I differential during any month. I milk. The application of the present compared to an index of 104 for May In effect, producer proposals relative to Southern Michigan supply-demand ad­ 1964. Similarly the July-May indexes the level of the Class I differential, to­ justment of minus 45 cents to the volume for the preceding 12-month periods of gether with their proposal to modify of Class I milk under the present Mus­ July 1962-May 1963 and July 1961-May the supply-demand adjustor, would re­ kegon order accounts for an additional 1962 were 92-105 percent and 94-107 sult in an immediate 20-cent per hun­ 1-cent reduction on all Class I milk to percent, respectively. . dredweight increase in Class I price for be covered by the merged order. The The seasonal patterns of milk produc­ the consolidated market as compared to latter amount should be offset against tion in both the Southern Michigan and that currently prevailing in the South­ the other reductions, however. Conse­ Muskegon markets are in reasonable ern Michigan market. A more detailed quently, it is appropriate to adjust the alignment. During the 12-month period discussion of the supply-demand formula $1.43 average Class I differential under of July 1963, through June 1964, the is set forth elsewhere in these findings. the present Southern Michigan order monthly index of producer receipts for Representatives from certain inde­ to $1.40 under the combined order. the Muskegon order market varied at the pendent milk dealers operating in major Although certain handlers favored the most by 3.1 percent from that of the cities of western Michigan (Battle Creek, adoption of the producer proposal aimed Southern Michigan order market and Kalamazoo, Grand Rapids, and Muske­ at effecting an increase of 20 cents per on the average for the 12-month period gon) were strongly opposed to any hundredweight in the level of Class I reflected variance at a rate of only one- change which would result in a higher price, their interest in this matter was half of 1 percent per month. Class I price level under the consolidated principally related to the effect such an The relatively even production pattern order. They testified that their respec­ increase in price might have in lessen­ currently prevailing will be encouraged tive areas have been more than ade­ ing the amounts of the negotiated pre­ by continuance of the base plan now a quately supplied with milk. They con­ miums (above the order Class I prices) part of both orders. The somewhat tended that conditions in these areas in the markets. higher uniform prices during the spring make it economically impossible for them Seasonal Class I price differentials. months of generally higher production to absorb any increase in Class I cost arid Hie Class I price differentials $1.63 and which would result from a level Class I pointed to intensive resale competition $1.23 on a seasonal basis should be re­ differential will enhance the plan by en­ with milk distributors from the South placed with a uniform monthly differ­ couraging producers to keep their bases Bend and Fort Wayne, Ind., and Toledo, ential of $1.40 at Zone I plants. This dif­ due to widening the difference between Ohio, markets. ferential represents the 12-month aver­ the base and excess prices during the In view of the supply of milk in excess age of the present seasonal differentials flush production months. of bottling needs in the Southern Michi­ of the Southern Michigan market, ad­ There was no opposition by either han­ gan and Muskegon markets (43 percent justed only to the extent of offsetting the dler or producer groups to the proposal and 41 percent, respectively, during 1964) Increase in price level which otherwise to eliminate the seasonal pattern of Class and no indication of milk shortage in the .would result from the changes made iri I pricing. Indeed, a number of handlers, foreseeable future, an increase in the zone pricing and the adoption of a di­ as well as the producer groups, indicated minimum Class I price above current rect-delivery differential, as discussed their support for such a change. levels would not be warranted. It is con­ above. In view of the above considerations, it cluded, therefore, that while as stated As previously stated, several producer is concluded that the substitution in the below, seasonality in the Class I price groups proposed that the Class I differ­ consolidated order of a uniform monthly differential should be removed, never­ ential be uniform in all months and that Class I price differential for the present theless it should be fixed at a level which, such differential be $1.43 per hundred­ seasonal differentials is appropriate and taking into account the adjustments weight at Detroit. They cited as their should be adopted. occasioned by revisions in location pric­ reasons for a uniform Class I price dif­ Supply-demand adjustor. A supply- ing, will not be significantly different ferential the more even seasonal pat­ demand adjustor which would retain the from the annual average now prevailing. tern of production which has prevailed essential features of that which is now Therefore, the Class I differential in recent years, due in large part to the a part of the Southern Michigan Class imder the merged and expanded order almost complete changeover from can I pricing formula should be included in should be $1.40, a reduction of 3 cents cooling and interplant shipment of milk the consolidated order. from the average differential under the to the present-day bulk tank cooling and Several producer associations sug­ present Southern Michigan order. Such shipment and the presence of the base- gested use of the present Southern Mich­ 3-cent adjustment on all Class I milk will excess plan of payment. igan supply-demand adjustor, with slight return about the same total amount of They pointed out in this connection modification, in the event of a determi­ Money to producers as is returned to that the necessarily large investment as­ nation that such a method of adjusting them under the present Southern Michi­ sociated with the acquisition of farm gan and Muskegon orders. prices should be made a part of the con­ bulk tank equipment has encouraged solidated order. The Muskegon order .JP*® Plus 4-cent direct-delivery differ- dairy farmers to enlarge their opera­ Class I pricing provisions do not contain ntial applicable at metropolitan Detroit tions and to even out milk deliveries a supply-demand factor. As stated ear­ W J f wiU aPPly to about one-half of throughout the year in order to make lier, the producer proposal would modify the Class I milk and to a significant the most efficient use of such equipment. the Southern Michigan formula by Proportion of the Class II milk. Thus, Producers contended further that the changing the limit (upward or down­ in re<*uire about a 2-cent reduction base plan currently in both orders (and ward) by which the action of the “ad­ mJ„e^price on a11 Class I milk in the proposed for inclusion also in the con­ justor” may affect the price, per hun­ . ^ Market to return the same solidated order) likewise furnishes in­ dredweight in any month from a maxi­ thi. „ money to producers under centive for evenness of deliveries and mum of 45 cents to a maximum of 25 hjs particular provision. The Class I that a uniform monthly Class I differ­ cents. They suggested also that the sup­ a w °utsii!e metropolitan Detroit is ential would tend to enhance the effec­ ply-demand formula computation should thP ^^ided between plants in tiveness of the plan. include the producer receipts and Class mainder of the present zero zone A uniform Class I differential through­ I sales of all handlers to be fully regu- 2 2 P * ? 0 change is made in the loea- out the year should be adopted. The adjustment) and the other zones. amplitude of change from the month of * Indexes computed by the “moving aver­ locati^61^ ^ average change in the seasonally lowest production to that of age” method whereby the ratios of daily the In i adjustments in zones other than highest production is quite small indicat­ average receipts of producer milk for the about Q°n?°nt (includinS Muskegon) is ing the achievement of a relatively level month to a 12-month moving average of P us 7.6 cents. This increase in such receipts (center on the seventh month) No. 117-----7 seasonal production pattern for the fluid are computed. 7912 PROPOSED RULE MAKING lated by the consolidated order rather tively, higher than the December norms The 45-cent maximum amount by than only the receipts and sales of pres­ for the same years. which the present Southern Michigan ent Southern Michigan order handlers. In light of these conditions the present order formula may adjust the Class I A supply-demand factor should be in­ mechanics of the Southern Michigan price differential plus or minus during cluded as one of the components of the supply-demand adjustor may be sim­ any month should not be changed in the Class I pricing scheme of the consoli­ plified by specifying a schedule of revised formula. dated order. The purpose of a supply- monthly norms to replace the more com­ The supply of milk in the Southern demand adjustment provision is to ad­ plex system of calculating norms as now Michigan order market in recent years just promptly the minimum Class I price provided. In order that the market ad­ has been increasing at a more rapid upward or downward as the supply of ministrator may announce the Class I rate than the demand for Class I milk. producer milk changes in relation to price early in the month to which it ap­ During 1961 receipts from producers were Class I sales. This purpose is consistent plies, as proposed elsewhere in these 159 percent of Class I sales. Similarly, with the criteria of the Agricultural findings, it is necessary to provide that the years 1962,1963, and 1964 show a re­ Marketing Agreement Act,’as amended, the adjustor be computed on the basis lationship of 170, 172, and 175 percent, which provides that the prices to be fixed of the receipts-sales relationship for the respectively. The supply-demand ad­ under the authority of such Act shall be second and third months preceding the justor during this period has resulted in Reasonable in view of market supply and pricing month in lieu of the first- and minus supply-demand adjustments to demand conditions, assure a sufficient second-month period employed in the the Class I price. Since May 1961 the quantity of pure and wholesome milk, present Southern Michigan order. A computed adjustment has been in excess and be in the public interest. The auto­ temporary provision is included to per­ of the minus 45-cent per hundredweight matic adjustment of Class I prices in re­ mit the market administrator to employ limit set by the order. As a consequence, sponse to changes in the relation between the receipts and utilization data for the the minus 45-cent limit has been the ad­ supplies and Class I sales is designed to second and third months prior to the ef­ justment to Class I price from May 1961 carry out in the market the price objec­ fective date of the consolidated order as to date. tive of the Act through encouragement established for handlers and pool plants During this same period, however, pro­ of supplies at the levels needed for fluid pursuant to the provisions of the prior ducers have been obtaining negotiated requirements. Southern Michigan and Muskegon premium prices for milk going into fluid The present supply-demand formula orders. bottling use which, on a monthly aver­ under the Southern Michigan order pro­ It is not expected that the combining age, have exceeded the 45-cent supply- vides for the adjustment of the Class I of the receipts and. sales of the two sub­ demand adjustment. These premium, price primarily on the basis of the mar­ ject markets in computing current utili­ or “super pool”, prices have negated the ket’s supply-sales relationship in the zation percentage will alter significantly effectiveness of the supply-demand ad­ most recent 2-month period (current the amount of the supply-demand ad­ justment and make its actual effect utilization percentage) in relation to a justment called for by the formula. indeterminable. “norm”. Instead of using a specified The ratios of Class I utilization to pro­ The 175 percent production-sales re­ schedule of seasonal adjustment factors, ducer receipts in the two markets are lationship for 1964 represents a 38 per­ as in some other orders, the formula very nearly the same. The volume of centage point deviation from the 136.7 provides a method of computing the milk priced under the Muskegon order “norm” provided for in the present for­ monthly norms which is designed to pro­ is only about 3 percent of the volume of mula. Of this 38 percentage point devi­ vide automatic “updating” for seasonal milk priced under the present Southern ation only 15 points are actually reflected variations in the market. The average Michigan order. Also, it is anticipated in the 45-cent effective adjustment now level of Class I utilization3 in the most that the effect upon the supply-sales prevailing in the market. It is not ap­ recent 2-month period is converted to an relationship resulting from the regula­ propriate, therefore, to consider any “annual” basis by using a seasonal index tion of additional handlers through ex­ change in the limit of adjustment as now calculated from market data for the pre­ pansion of the marketing area will be provided for under the Southern Michi­ ceding 26-month period. The Class I negligible. It is estimated that the gan order which would have the effect of price is decreased, or increased, when volume of milk marketed by such raising the Class I price level. the most recent 2-month data indicate presently unregulated handlers will rep­ Producers suggested the possibility of an annual level of market supply more, resent less than 1 percent of the milk to a “regional” supply-demand adjustor un­ or less, than 136.7 percent of Class I use. be priced under the amended order. der which the sales and receipts of cer­ A schedule of stated monthly standard Even with use of the expanded sales tain nearby orders, as well as those of utilization percentages (norms) which and receipts data in the formula com­ the two subject markets, might be in­ averages 136.7 percent of producer re­ putation, the formula is expected to re­ cluded for purposes- of establishing ceipts to Class I utilization should be sult in computed adjustments to the “norms” and of computing current utili- adopted in lieu of the present system Class I price differentials closely approx­ ition percentages. They further sug- for computing monthly “norms” as now imating those which would result if the ;sted limiting the amount of suppiy- provided in southern Michigan. more complex formula provisions of the jmand adjustment in a manner whicn The seasonal patterns of producer re­ present Southern Michigan order were ould maintain a certain fixed sign­ ceipts and of Class I sales in the Southern adopted. This is appropriate inasmuch ent of Class I prices with the Toledo Michigan market during the period 1962- 'Jorthwestern Ohio order) maxke. as there was no testimony to support iifficient evidence was not offered, how- 1964 have not changed significantly. any significant revision of the general rer, which would support adoption oi During this time, the relationship of sup­ level of norms presently called for under îese suggestions at this time. ply to Class I utilization was greatest the present Southern Michigan order Other changes relating to Class I price. during the May-June period used to formula. The following schedule of he order should provide that the C a compute the July norm. Conversely, the norms has been constructed to fit this price be computed on the basis ox supply generally was lowest in relation general level and should be adopted: isic formula price (Minnesota-Wisco - to Class I sales during the October- n average manufacturing price) November period, the period used to Month for Preceding months used Standard ie preceding month rather than for compute the December norms. The rel­ which price is in computation utilization irrent month as at present. atively close seasonal alignment of norms being computed percentage This is a modification of «• computed for the 3-year period is illus­ sions of both orders and will make January______October, November___ 131 Dssible for the market admimstra trated by the fact that the July norms February_____ November, December... 135 134 ) announce the Class I pnceear ym for the years 1962, 1963, and 1964 were January, February____ 132 Lonth to which it applies. Both order only 12.4, 12.7, and 12.5 percent, respec­ 133 135 resently provide for such announcement .Tilly 141 a or before the fifth day of th 3 The percentage which the volume of pro­ 147 143 blowing the pricing month. ducer milk is of Class I utilization in the / 139 market as reported by handlers is referred 138 to in these findings as “Class I utilization December...... September,’ October...... 133 percentage”. Friday, June 18, 1965 FEDERAL REGISTER 7913 in other Federal orders. Producers and this product climbed from 1.2 million handler, causes to be shipped directly handlers will be in position to know the pounds during December 1963 to 2.6 mil­ from farms to distributing plants be in­ exact Class I price early in the inonth lion pounds in October 1964. Low-fat cluded with the milk shipped from its to which it applies and it will promote Class I products, therefore, have in­ plants as the basis for qualifying for Class I alignment with other nearby or­ creased substantially while sales of pool status additional milk which is ders. Public announcement of the Class products with high fat content have ei­ moved from farms to manufacturing I price would be made by the market ad­ ther expanded at a slower rate or plants. ministrator on or before the sixth day have declined. Market data do not sup­ An alternative proposal suggested by of the month for which such price is port higher butterfat prices. a proprietary handler would permit a applicable. (c) Pool plant requirements. Thecooperative to qualify its supply plants Butterfat differentials. Handler and provisions governing “pool plant” status for pool status on the basis of the pro­ producer butterfat differentials in the should be modified to base pool status portion of the milk of all member pro­ consolidated order should be maintained for supply plants operated by a cooper­ ducers which is delivered to pool plants at the same level as those in the present ative association on the proportion of of other handlers, whether or not the co­ Southern Michigan and Muskegon or­ member producer milk which is moved operative is the handler on any such ders. Class X, Class U, and producer directly from farms, or transferred from milk. The order now contains such a butterfat differentials in the existing or­ its own plant, to distributing plants. provision but cooperative witnesses ders are computed by multiplying the Such a provision is appropriate to realize stated that it is not adequate to fit all Chicago 92-score butter price for the efficiencies in handling the market sup­ situations. For example, one coopera­ current month by 0.113. ply of milk . tive operates its own distributing plant A witness for one association of pro­ Performance requirements for pool as well as a supply plant and such pro­ ducers proposed that the factor used to plant status are the means' of identifying vision does not allow any pooling quali­ compute the handler and producer but­ and qualifying producer milk for partici­ fication credit for its supply plant with terfat differentials be increased to 0.120. pation in the marketwide pool. A “dis­ respect to milk formerly received there The effect of such an increase on the tributing” plant qualifies for pool status but which is now moved to its distribut­ cost of milk to handlers would be to on the basis of the percentage of the ing plant directly from farms. increase butterfat prices and decrease milk received at the plant which is dis­ Supply plant performance require­ prices of the skim milk component. tributed on routes in the form of fluid ments aid in assuring adequate supplies Butterfat differentials should not be milk products. A “supply” plant quali­ of milk for the market by providing a changed. Current prices and butterfat fier for pool status on the basis of milk means whereby those producers who reg­ differentials have attracted supplies of transshipped to pool distributing plants. ularly provide supplies for the market producer milk which contain a higher Producer milk which is associated with can share in the proceeds from Class I percentage of butterfat than the average either type of pool plant, either by being sales. Such sharing in the Class I sales butterfat content of the Class I products physically received at the plant or by of the market provides assurance that made from such milk.4 In Southern diversion therefrom, is qualified as pool the necessary supplies of milk will be Michigan for the recent period' of Jan­ milk. This method of qualifying pro­ available when needed. To be effec­ uary 1963 through October 1964, the but­ ducer milk at country supply plants for tive in accomplishing this purpose the terfat content of producer milk aver­ pooling has become inadequate under the performance requirements should assure aged 0.6 point (0.06 percent) higher bulk tank method of moving milk from that the principal function of the supply than that of Class I milk. Muskegon farm to plant. plant is supplying the Class I outlets producer milk during this same period Handling of milk by bulk tank is dis­ (pool distributing plants) and that the averaged 2.2 points (0.22 percent) higher placing the traditional function of the milk received at such a plant is part of in butterfat content than Class I milk. supply plant as the principal means of a supply on which the market may de­ Thus, on the average each hundred­ assembling milk for shipment to Detroit. pend. weight of producer milk used in Class About two-thirds of the milk received at The present supply plant performance I in Southern Michigan and Muskegon Detroit plants now is shipped by bulk standard for pooling under the Southern yielded 0.06 of a pound and 0.22 of a tank directly from the farms where it Michigan order requires that 25 percent pound, respectively, of butterfat destined is produced. As previously stated, it is or the “call percentage”, whichever is for manufacturing uses. practicable to furnish all such plants by higher, of receipts at a supply plant actu­ Based on October 1964 figures, the this means. With the increase in bulk ally be shipped to distributing plants. proposed higher differential would have tank handling, much of the milk which The call percentage is a variable per­ increased the price of Class n butterfat was formerly qualified for pool status formance standard designed to require from 68.85 cents to 73.67 cents per pound. through supply plant shipment (by first shipment of more than 25 percent of the There was no evidence by proponent to being received at such plants and trans­ milk at each supply plant as the market show that handlers or the cooperatives shipped to distributing plants) is moved administrator estimates the additional who are handling the market surpluses directly from the farms to distributing need at distributing plants. The present CjU^.afford to take either current or any plants. Country assembly, or receiving, cooperative “balancing” plant provision additional amounts of surplus butterfat stations are fast disappearing. Milk re-- permits qualification of a cooperative at this higher price. The proponent co­ ceived at supply plants now represents plant when at least two-thirds of the operative does not- engage in processing the residual supplies in the market. A milk of producers who are members of operations. principal function of the country supply the association is delivered to pool plants There are indications also that the de plant with manufacturing facilities to­ of other handlers. mand for butterfat for Class I milk item day is providing an outlet for producer Adoption of additional cooperative in the market is declining relative to th< milk on weekends and, to some extent, “balancing” plant performance require­ sum milk component. In Southern for daily and seasonal reserves rather ments based on the association of coop­ Michigan skim milk sales for the first II than providing an assembly point for erative member milk to pool distributing months of 1964 were up 9 percent iron shipment to the fluid market. plants should bq made to overcome the penod a year earlier. By contrast Most of the supply plants affected difficulties cooperatives have experienced w w • an(* half, coffee cream, ant by this situation are operated by co­ in maintaining pool plant status for their ,cream durinS this 10-montl operative associations. In this market supply plants under the present provision S S ? 0i 1964 increased less than 1 per- most handlers depend on cooperative which, in certain instances, requires the a “frSS1 i he same Period in 1963. Als< associations for their supplies of milk movement of bulk tank milk to such Dpreent u 1 Product containing only ! and such associations must provide the plants for reshipment when it is needed durpri^i b]jtterfat recently was intro necessary manufacturing facilities to at distributing plants. However, the re­ ___ ln Southern Michigan. Sales o take care of reserve supplies on the days quirements on a cooperative should be such as to establish that its major func­ that proprietary handlers do not need tion is supplying pool distributing plants. nouSm L?°tice is taken of the pri the milk. for igeo RÌS of the market admini; Proponent cooperatives suggested that Muskepnn 4 } OT ®°u th e m M ichlgai Because of these conditions, cooper­ the minimum performance standard for Ä L ant° f 016 mik Market B ative associations proposed that the bulk their balancing plants be established at uthern Michigan for 1963- 6 4 . tank milk which a cooperative, as the 25 percent or the call percentage. The 7914 PROPOSED RULE MAKING

25 percent standard was adopted under An additional performance standard ticularly those handlers who have a sub­ the Detroit order about 10 years ago based on the average proportion of de­ stantial proportion of their business in when the marketing area was limited to liveries to distributing plants during the school milk contracts. Such a provision Detroit and the nearby cities of Ann second through thirteenth preceding will also allow time to adjust plant oper­ Arbor, Pontiac, and Port Huron. At that months is appropriate since it would tend ations to meet pooling requirements in time a substantial proportion of the to add stability to the market by allow­ the event of unanticipated shifts between market’s fluid milk requirements was as­ ing such a cooperative significantly as­ handlers of large sales accounts such sembled through supply plants. Detroit sociated with the market time to make as military contracts or chain store handlers now obtain about two-thirds of adjustments in its operations in order accounts. their supplies on a direct-delivery basis. to maintain pool status. However, such Call percentage. With certain modifi­ In addition the marketing area was ex­ provision should be limited to a plant cations the “call percentage” provision panded in 1960 to include substantial which has been associated with the mar­ of the present Southern Michigan order additional territory and now it is being ket as a pool plant during each month should be included in the consolidated further expanded. All plants in the out­ of such performance period and also order. lying territory, which account for about should not relieve the plant from meeting Under present Order No. 40 a supply 50 percent of the Class I use under the any call percentage which may be appli­ plant must ship to distributing plants at order have always obtained supplies on a cable for the current month. least 25 percent of its receipts or the per­ direct-delivery basis. Thus, about five- The recommended decision provided centage thereof which is “called” by the sixths of the fluid milk needs of distrib­ for a modification of the distributing market administrator, whichever is uting plants are now obtained on a di­ plant performance requirement which higher, in order to qualify as a pool plant. rect-delivery basis. The use of such permits exclusion of receipts certified by To compute the call percentage the mar­ direct receipts from member producers of a cooperative association which operates ket administrator first estimates for all a cooperative association along with no milk plant as having been delivered regulated distributing plants the monthly shipments from its supply plant to de­ for manufacturing use by diversion from Class I requirements plus a 15-percent termine an overall standard for pooling other pool plants. operating margin. From this figure are the supply plant requires a substantially As stated in the recommended decision, subtracted the expected receipts of milk higher percentage of “shipments” than this provision was used in only one in­ at such plants directly from producers’ the 25 percent figure would indicate. stance in the market to provide for the farms and from supply plants which The order should provide that a plant efficient disposition of a cooperative’s re­ regularly ship their entire available milk operated by a cooperative association be serve supply. supply to distributing plants during Au­ a pool plant if at least one-half of the In their exceptions to the recom­ gust through March. The remaining total member producer milk of the co­ mended decision, the cooperative which Class I milk is divided by estimated re­ operative is moved either directly from has employed the provision, along with ceipts for the month at supply plants the farm or from its plants to pool dis­ other exceptors, pointed out that the pro­ other than those which ship their entire tributing plants. In addition, pool vision is no longer necessary. Under the supply as described above. The resultant status should be provided under the order circumstances, it is appropriate that the percentage figure then is reduced by one- for a plant operated by a cooperative provision be deleted. fourth (to lessen the chance of calling association if at least one-half of the The present Southern Michigan order more than actually needed) in arriving milk received at all pool distributing includes a seasonal performance stand­ at the effective call percentage. plants is member producer milk of the ard for pool distributing plants. To It was proposed that the call provi­ cooperative. qualify for pool status as such distribu­ sion be updated to exclude from the com­ A cooperative which delivers a major­ tion of fluid milk products on routes must putation the Class I milk and the receipts ity of its total member producer milk to be at least 55 percent during each of the of those distributing plants which no pool distributing plants is sufficiently months of October through March, and longer regularly receive milk from supply identified with the market to assure, 45 percent during other months, of re­ plants. The proposal would determine under normal circumstances, that its ceipts from producers and supply plants. the call percentage by using only the milk is available to distributing plants. In addition, automatic pool status is pro­ figures of distributing plants which had A cooperative which supplies the major­ vided during April through September received milk from supply plants during ity of the aggregate requirements of all for those plants which meet the 55 per­ each of the most recent 12 months. pool distributing plants in the market cent requirement during each of the The proposed revision should be likewise may be considered a principal previous months of October through adopted. Changes have occurred in the source of the market’s regular supplies. March. market which make the present method Any cooperative which serves the market The order should provide pool plant of computing the call percentage obso­ by making its milk available for the status for a plant from which 50 percent lete. In 1955 when the call percentage market’s Glass I milk needs also has the of milk receipts are distributed on routes first became effective in the then Detroit burden of disposing of the reserve sup­ during the current month or either of order, a major portion of the regulated plies associated with such fluid milk the two preceding months. This will distributors received milk from supply need. Thus, it is appropriate that such conform more adequately to the various plants. Since that time two important cooperatives be provided the opportunity utilization patterns in the market. changes have taken place. One is an in­ to pool their balancing plants on a basis In view of the relatively uniform sup- crease in the amount of milk delivered which permits efficiency in their market­ ply-sales balance which now occurs directly from farms to Detroit bottling ing operations. during all months of the year, it is ap­ plants in bulk tanks. The other is that In their exceptions to the recom­ propriate that the order employ a uni­ with expansion of the marketing area mended decision, certain cooperative as­ form requirement of 50 percent in all since 1955 to cover most of southern sociations suggested that the pool plant months. The provision which provides Michigan, a large number of handlers provisions of the order should provide automatic pool plant status during the who receive no milk from supply plants for an alternative performance require­ months of April through September on have come under regulation. ment based on 50 percent of member milk the basis of performance during the Consequently, today only 28 of the ap­ being supplied to pool distributing plants preceding October through March should proximately 115 distributing plants m on a 12-month moving average. be replaced with one which provides for the Southern Michigan market receive pool plant status if the 50 percent re­ milk from supply plants. No distributing In support of the modification, excep­ plants in the present Muskegon market­ tors pointed out that there are several quirement is met in either of the 2 pre­ ceding months. There appears to be no ing area regularly, receive milk iro conditions in the market which may supply plants. Under the call provisi ^ cause an unanticipated disqualification uniform pattern of monthly Class I utilization at distributing plants in all which was designed for the e^“ier.? ’ of a cooperative balancing plant which areas of the expanded marketing area. riod, shortages or sùrpluses at the ot is required to meet a monthly perform­ Handlers in certain areas of the market distributing plants obscure the ade­ ance standard. Such conditions include have a greater volume of Class I sales quacy of supply levels at the 28 distr _ a temporary flush in production due to a during the summer vacation season ing plants which still receive their favorable change in weather and the while others have higher sales volume from supply plants. The Pr0^sJ° t0 shifting of large wholesale accounts. during the fall and winter months, par­ longer accurately measures the deg Friday, June 18, 1965 FEDERAL REGISTER 7915 which supply plants should be required This Class I milk definition is also Several producer groups proposed an to ship to insure adequate supplies at quite similar to the one in the present allowance to the cooperative of shrinkage Detroit for bottling. Muskegon order. It differs only with up to one-half of 1 percent of the farm By computing the call percentage as respect to sour cream which is a Class I weights when it is the first handler on modified, the quantities needed by dis­ item in Muskegon. The Muskegon order such bulk tank milk, and iy 2 percent to tributors from supply plants would be classification of this product should not the pool distributing plant handler who clearly indicated and the provision would apply, however, because in the remainder receives such milk from the cooperative. encourage the needed shipments. of the consolidated marketing area han­ Producers point out that in recent An additional change should be made dlers are not required to make this item years the conversion from can to bulk to coordinate the call percentage with from milk inspected and approved for tank has been at a rapid pace, accentu­ the revised standards for pool plant fluid use. ating the need for division in the assign­ qualifications. It is provided that a co­ With the principal exception of Class ment of shrinkage. Loss may occur, operative may pool a supply plant when­ II shrinkage, the Class n milk definition they contend, from adherence of n^lk to ever (1) at least 50 percent of the re­ of the present Southern Michigan, order the side of the farm bulk tank, in the ceipts at all pool distributing plants is should be adopted also. Class II milk in transfer from bulk tank to a farm the cooperative’s member producer milk, the Southern Michigan order includes pick-up tanker, and in the transfer from or (2) at least 50 percent of the associa­ milk used to produce items which are not tanker to the plant of receipt. tion’s total member producer milk is included in the fluid milk product defini­ It is concluded that the proposed di­ moved to pool distributing plants. The tion. Handlers generally are not re­ vision of shrinkage on bulk tank milk new provision would pool in one unit both quired to make these products from milk for which a cooperative association is a the milk received at the cooperative’s approved for fluid Use. These Class II handler should be adopted. supply plants and the milk shipped di­ items compete in a common market with As previously indicated, the trend to rectly from member farms to the dis­ products made from manufacturing bulk tank operations in recent years has tributing plants. grade milk. Milk used to produce these been significant with more than 85 per­ Milk at several supply plants of the products should remain in Class II. cent of producer milk receipts under the cooperatives undoubtedly will pool under This classification will permit competi­ two orders in combination now in bulk the new provisions. To assure that the tive pricing of such milk and will enable tanks. From market experience with supplies of milk at these plants, as well cooperatives and handlers to manufac­ bulk tanks the average difference be­ as bulk tank receipts, will be available ture and dispose of milk which is in tween the sum of individual farm weights to the market, any cooperative should be excess of the fluid needs of the market. and the scale weight taken at the plant subject to the call percentage with re­ Certain other nonfluid items and month- approaches one-half of 1 percent. This spect to all its member producer milk. end inventories are also included in Class is in line with experience in other Fed­ In order to pool their supply plant milk, II in the present Southern Michigan eral order markets where a shrinkage the cooperatives, therefore, would be re­ order. This classification for such prod­ allowance of one-half of 1 percent for quired to keep their milk supplies avail­ ucts has worked satisfactorily and should the function of receiving and cooling able for Class I use when needed. The be retained. alone has been determined to be call percentage would not be applicable In the exceptions it was requested that reasonable. to the member producer milk of a co­ a change be made in the provisions The division of shrinkage between a operative qualifying under the new pro­ covering the classification of bulk trans­ cooperative association as a handler on vision, however, until the call percentage fers of cream to nonpool plants to bulk tank milk (allowance of up to one- exceeded the 50-percent minimum iden­ clarify the effect of such provisions as to half percent shrinkage) and the trans­ tification with pool distributing plants, transfers to any unregulated nonpool feree handler who actually processes, established for such cooperative’s mem­ plant located in a State other than Penn­ bottles, and distributes the milk (allow­ ber producer milk. sylvania, New Jersey, New York, or New ance of up to l x/2 percent shrinkage) With the recommended modifications ^England. Both § 1040.43 (c) and (d) of together with the other terms adopted the call percentage will assist in insuring the order are involved with cream trans­ herewith will assure the cooperative an adequate supply of milk for fluid use fers from pool plants to plants not un­ handler a reasonable share of the total at all times. der this or another Federal order. Pro­ allowable shrinkage. The cooperative (d) Classification of milk. The defi­ponents indicate that confusion has association as the first receiving handler nitions of Class I milk and Class II milk- arisen as to the meaning of § 1040.43(c) of producer milk in bulk tank would be in the present Southern Michigan order in relation to (d). In response to the ex­ held accountable to the producer-settle­ should be adopted in the consolidated ceptions taken, the wording of such ment fund for any differences in the order with only minor modifications. paragraphs has been modified to clarify quantities of milk received from pro­ Classes of utilization. The present the circumstances under which each ducers based upon farm measurements, Southern Michigan order includes in applies. and the total quantity of milk which the olass i all skim milk and butterfat dis- Computation of plant shrinkage. The purchasing handler claims as received 85 any “fluid milk product” Class n shrinkage allowance as provided at his plant from the cooperative. which is not;, accounted for as Class II for under the current Southern Michi­ However, when the transferee-handler milk. “Fluid milk products” include gan order should be continued in the purchases such milk from the coopera­ junk, skim milk, flavored milk, butter- consolidated order, modified principally tive on the basis of the farm weights, the ~r. • yogurt, cream (except frozen, to permit a division of allowable shrink­ cooperative, of Course, experiences no hipped and sour cream), and any mix- age with respect to bulk tank deliveries shrinkage. In such cases the order milk or skim milk and cream, of producer milk to a pool plant by a should continue to provide that actual in a ba^ anA half, for consumption cooperative association operating in the shrinkage experienced by the transferee- m fluid form. capacity of a handler on such milk. handler up to 2 percent will be allowed Proposed marketing Under the present terms of both orders him provided the market administrator fr-nm^ .akove fluid items must be made a maximum allowable shrinkage of 2 is notified in advance on this basis of hPQitv,mi x apProved for fluid use hy percent is permitted the handler of a transaction. Similarly, when the han­ nroHn aUthorities. Consequently, to pool plant with respect to producer milk dler operating the distributing plant pur­ retn™e*SUCk milk farmers must get a receipts and certain bulk receipts of fluid chases directly from producers without with «, wAich is commensurate milk products from other order plants an intermediary handler involved, the eivtto „ 6 bi.gher Production and delivery and from unregulated supply plants. maximum allowance for shrinkage at inSn J f 0Ciated with udlk under health No shrinkage is allowed for handling at the plant would be continued at 2 per­ imnr?nnI equirements for bottling. To a supply plant or to a cooperative asso­ cent. of miitP,r°dlictfon °* an adequate supply ciation as a handler on bulk tank milk Three handlers in the market objected which ri°F .®uid we. the above products deliveries to pool distributing plants. to any change in shrinkage provisions authnriti5UWi? milk approved by health In such cases the full allowance for which would divide the present maxi­ to be ni!nS^SlliUld be iuciuded in Class I shrinkage is passed on to the transferee. mum allowance of 2 percent. They held P iced at the Class I price level. plant. that if dipstick measurement at the farm 7916 PROPOSED RULE MAKING is properly handled, no shortage need be accomplished when there is a high in the counties to be added to the mar­ exist. Two of the handlers so testifying degree of conformance to the plan and keting area should be accorded the pro­ alleged their actual plant shrinkage to individual producers generally do not posed alternatives. In the exceptions it be in excess of IV2 percent, the maxi­ find it possible to relinquish their bases was pointed out that the recommended mum amount of allowable shrinkage pro­ so as to gain temporary price advantage decision would require such producers to posed to be permitted a pool distributing over producers who remain on base. begin making base as soon as the ex­ plant handler with respect to bulk pur­ Proponents testified that under the panded order would become effective. chases of milk by transfer from a co­ present plan individual producers have Exceptors contended that this would operative association handlers In actual found advantage in relinquishing bases; provide such producers too little time to practice the handlers testifying purchase also, that as a consequence the effective­ adjust their production for base-mak­ their producer milk supplies on the basis ness of the base plan, as a means of ing. It was suggested that they be per­ of farm weights and tests. Therefore, maintaining even production through­ mitted to delay the establishment of in such circumstance such handlers out the year, has been reduced signifi­ bases until August-December 1966 and would not be denied the entire maximum cantly and will be reduced further unless that they be paid the uniform, rather 2-percent allowance under the terms the order is modified to mitigate this than the adjusted uniform, price until proposed. advantage. February 1, 1967. One exceptor sug­ No provision is made for shrinkage al­ The effect of the proposal would be gested that producers who supply any lowance on milk diversions to nonpool to reduce the returns for milk which is newly regulated plant be paid the full plants. Although such an allowance is delivered as “no base” milk in the months uniform price until they had completed a now provided for under both orders, little of July through December. At present full base-forming period. In this case if any milk is handled in such manner the reduction in the uniform price paid the full uniform price would apply in these markets. The expanded South­ for such milk in July is 15 percent of the whether the plant became newly regu­ ern Michigan market has ample pool difference between the market blend, or lated because of expansion of the mar­ plant manufacturing facilities for han­ uniform price, and the excess milk price. keting area or for other reasons. dling fluid milk reserves and it is not In August through December the adjust­ Producers who supply any newly reg-. expected that the situation will change ment is limited to a reduction of only ulated plant should be given adequate in the foreseeable future. Any variance 5 percent of such difference in prices. time to prepare for base-making. The in weights and tests associated with such Some increase in the percentage re­ provision of the recommended decision a diversion is a matter that can be han­ duction in the months of July through should be changed to give producers who dled in the terms of sale between the December is appropriate to insure ef­ enter the market as the result of original diverting handler and the operator of fectiveness of the base plan. However, qualification of the plant as a pool plant the plant which physically receives the in view of the relatively even production the option to receive'the full uniform milk. This modification will eliminate pattern achieved in this market, there price until the second February 1 after the need for including additional order is no apparent reason why a uniform the plant first became pooled. This will language without material effect upon price reduction as great as 50 percent of provide any such producer adequate time handlers. the difference between the uniform and to adjust his production before making In their exceptions three cooperative excess prices (as currently applies in base if such time is needed. associations requested that provision also April, May, and June) is needed in any In order to insure the correct basis of be made for a half percent shrinkage al­ month to accomplish the general objec­ payment, producers who elect to be lowance to any cooperative pool supply tive of the provision. A flat reduction paid the unadjusted uniform price plant with respect to producer milk of 25 percent of such difference in prices should be required to notify the market transferred in bulk to pool distributing should be sufficient in all months to off­ administrator of the election of this op­ plants. Although a proposal concern­ set, except in the most unusual cases, tion before the end of the month such ing this matter was made at the hear­ any gain in returns to a producer from option would become effective. ing, it was not adequately supported by relinquishing base as compared to re­ The merger of the Muskegon order evidence on the record. Record testi­ turns accruing to other producers who into the Southern Michigan order raises mony on shrinkage was directed to that remain on base while at the same time the question of the validity of bases pre­ related to milk shipped by cooperative not constituting a deterrent to those in­ viously made under the former order. handlers in bulk tanks as discussed dividual producers who enter the market Proponents suggested. that bases made above. for the first time. Thus, the general under the rules of such order be recog­ (e) Adjusted uniform price. The objective of insuring the effectiveness nized until all producers under the con­ method of computing the adjusted uni­ of the base plan in the interest of an solidated order receive recomputed bases form price (applicable to milk not under orderly market may be achieved without for the following year in the normal the base-excess plan) should be modified. any significant increase in average ad­ manner. In view of the similarity of It was proposed that the provision for justment to the uniform price all months present base-excess plans under the two an “adjusted” uniform price be modified. considered. orders, the use of bases in effect under The adjusted uniform price applies only Proponents further recognized that each of the present orders will result in to producer milk for which no “base” has the expansion of the marketing area a reasonable distribution of producer re­ been computed, such as milk of a new would result in regulation of certain turns during any such temporary penod producer, and to milk for which the pro­ plants now unregulated and thus bring under a consolidated order. Therefore, ducer has relinquished his computed under order pricing the milk of a num­ it is not necessary or appropriate to ex­ base. At the present time the adjusted ber of additional dairy farmers who have tend in such instances the option of pay­ uniform price in each market is the com­ not made a base under the terms of ment at the unadjusted blend price as puted uniform price reduced by a spe­ either order. Accordingly, they offered in the case of completely new shippers. cified monthly percentage of the differ­ alternative proposals for integrating the Present producers under the separate ence between the computed uniform price milk of such dairy farmers into the orders, however, should continue to hav and the price (Class II) which is required base-excess payment plan. Any such the privilege of relinquishing base und£ to be paid for excess milk (over base). dairy farmer could (1) provide actual the option of the adjusted uniform pn The present applicable monthly per­ records of his deliveries for the base­ .as described above. .. centages involved in the adjustment are forming period on which a base could be (f) Method of pooling. Marketwiu January through March, 30; April, May, computed, or (2) be paid the full (un­ pooling provisions which are now * and June, 50; July, 15; and August adjusted) market blend price until such eluded in both Southern Michigan an through December, 5. The producers’ time as he had shipped through a full Muskegon orders should be fetaine proposal would substitute an adjustment base-forming period. The purpose of the consolidated order. Marketwide percentage of 30 for the months of July these alternative procedures is to avoid pooling is required in this mar through December in lieu of the present any price penalty to such dairy farmers maintain orderly marketing. percentages of 15 and 5. who could be brought under the plan A marketwide pool is necessaiy _ The purpose of the base-excess plan is without prior knowledge of it. tribute among all producers the1 to encourage producers to achieve and The recommended decision concluded of carrying the reserve milk sapPjLrly maintain evenness in their deliveries of that the dairy farmers who supply milk the market and thus to ipf3irerrhe .e_ milk throughout the year. This can best to the currently unregulated handlers disposal of such reserve milk. Friday, June 18, 1965 FEDERAL REGISTER 7917 serve supplies of the Southern Michigan plant. In such instances, producer prices Further, even if “special milks” could market are unevenly distributed among at the plants involved could fluctuate be feasibly identified apart from regu­ pool plants. With somewhat lesser dif­ markedly. Changes in excess of 25 cents lar milk on their intrinsic value, it would ferences, this is also true in the Muske­ ~per hundredweight or more could result. not be appropriate to provide for their gon market. At one extreme are the It is difficult for individual producers to separate pooling. Separate pooling supply plants with manufacturing facil­ plan their operations efficiently when would place the producers remaining in ities, nearly all of which are operated by prices can vary to this extent simply the marketwide pool at a disadvantage. cooperatives. Conversely, the great ma­ because of the change of an account from The “special milk” handler could shift jority of the proprietary distributing one handler to another. the burden of his surplus milk to the plants ordinarily receive only enough When such shif ts in sales between pool marketwide pool by dropping individual producer milk to supply their Class I handlers take place under a marketwide producers when production exceeds sales needs. Relatively few distributing plants pool, however, there is no resulting of the “‘special milk.” These producers maintain manufacturing facilities al­ change in producer prices* This is so then could enter a plant in the market­ though certain of such plants process because market Class I utilization in the wide pool and share in its Class I sales. cottage cheese. It is at the cooperative aggregate is prorated over all producers. When the milk was needed again at the supply plants that most of the reserve The greater stability of producer prices plant handling “special milk,” the pro­ milk for the market is carried and manu­ under marketwide pooling will assist ducers could return to the latter plant. factured. This relieves most proprietary producers in planning their'operations. Such practice, of course, would result in handlers from directly disposing of their An alternative proposal was submitted market pooling of the plant’s surplus daily and seasonal surpluses. for consideration in the event market­ Without enabling producers in the mar­ A proposal for individual-handler wide pooling is continued. Under the al­ ketwide pool to share in any Class I re­ pools was made at the hearing. Under ternative proposal handlers selling pri­ turns from the sales of “special milk.” individual-handler pools producers who marily “special milks” would be permit­ Another feature of the proposal also deliver their milk to supply plants in this ted, upon meeting several requirements, would cause adverse effect on producers market would receive prices consider­ to pay their producers the respective in the market pool. A requirement of the ably lower than those who ship to dis­ utilization values of milk in their own proposal is that a handler shall maintain tributing plants with high Class I utiliza­ plants through individual-handler pools. 70 percent of his Class I business in tion. The difference in such prices con­ It was suggested that to become eligible “special milk” in order to have an indi­ ceivably could be nearly as wide as the for such “limited” individual-handler vidual-handler pool. Therefore, by difference between the Class I and Class pooling, “special milks” might have such varying the percentage of his business II prices. Thus, the major part of the identifying characteristics as: (a) milk under the label or other designation as , burden of reserve milk would be reflected from a single breed of cow, (b) milk for “special milk” a handler could shift his in prices to producers at supply plants, which the applicable health requirements plant back and forth between the market while producers delivering tc proprietary for production are more stringent than pool and his own pool to suit his own distributing plants would enjoy virtually for market milk meeting normal health advantage. For example, if a handler’s a Class I return for all their milk. Co­ restrictions, (c) milk of fat, solids-not- Class I utilization rose above the market operatives thus would be handicapped fat and protein content higher than that average, he could, on seeing a milk pro­ in maintaining efficient facilities for the of regular milk, (d) milk with brand curement advantage, withdraw from the orderly disposition of milk destined for differentiation, such as “Golden Guern­ marketwide pool and pay his producers manufacturing and in assembling milk sey”, “All-Jersey”, “Certified”, etc., or the use value for their milk based on his for shipment to the fluid market. A (e) milk produced by farmers belonging own utilization. Should the Class I use change to handler pooling undoubtedly to a recognized sales and merchandizing of such a handler fall below the market would force producers and handlers to organization. Four types of milk pre­ average, he could re-enter the market­ develop new methods of handling market sumably would qualify immediately for wide pool to draw from the equalization supplies of milk, in all probability with individual-handler pooling provided the fund simply by reducing his sales desig­ reduced efficiency in marketing and an additional proposed requirements below nated as “special milk” below the 70- unstable price situation for producers were met. These are: Certified milk, percent minimum. Again, producers of generally. “immune” milk, Golden Guernsey milk, the “special milk” plant would share in Marketwide pooling has enabled co­ and All-Jersey milk. Other types also the market pool’s Class I sales at such operative associations to develop manu­ could qualify if and when a specified times, but never would share their Class facturing facilities for the efficient han­ standard, as “special milk”, were met. I sales with the other producers. dling of the reserve supplies, and yet to In addition, any “special milk” would It should be further noted that the be m position to return to their producers be derived solely from milk separately class and uniform prices to producers the same price as is paid by those han­ produced, handled, and processed so as to fixed by the order are minimums and that dlers who do not assume any direct re­ preserve its physical identification at all any value which should accrue to pro­ sponsibility of carrying reserve supplies times. Also, the plant would have to ducers providing milk for special pur­ or of providing for their disposition when maintain “special milk” sales in amounts poses may be bargained over and above not needed for bottling. To enable the not less than 70 percent of the total Class the order level which is geared to provid­ continued efficient handling of reserve I sales of the plant. Plants failing to ing an adequate supply of milk of gen­ nuik, market pooling should be con­ tinued. maintain this percentage would re-enter erally acceptable market quality. the marketwide pool.. Finally, any sep­ In view of the foregoing, the proposals pooling is needed also to pro- arate handler pool would be subject to for individual handler pools are denied. nro ? able Producer prices. Certain sales producer approval. A favorable vote by (g) Milk diverted from plants under KQrfiices are Prevalent which, undei 80 percent of the “special milk” produc­ another order. When milk is diverted to n J\ .T P°°^S» could cause wide, un- ers at the plant would make the individ­ a pool plant from a nonpool plant which siSr'Ppr, swings in producer prices ai ual-handler pool effective. is regulated under another order, pro­ m ^ual plants. It is becoming com- The record does not provide grounds vision should be made to preclude pool­ monplace for handlers to sell milk ir for the conclusion that the identifying ing the same milk under two orders. proff amoun*'s to wholesale outlets—gen- characteristics suggested distinguish Contrariwise, provision should be made cnnnlSUbermarkete or chain store ac- “special milk” from other milk in the to preclude pooling milk which is di­ thpil : Competition among handlers foi market for pricing and pooling purposes. verted from a pool plant to another order chano-QC w°uld be reflected available to consumers at the same retail diverted between a pool plant and a plant P oducer blend prices at anothei price as regular milk. subject to regulation under a different 7918 PROPOSED RULE MAKING order. Under bulk tank handling milk to all pool plants (exclusive of that milk vided in the present Southern Michigan may be moved between order markets for which Class n use is requested) order. directly from farms, particularly along rather than just distributing plants, since Rulings on proposed findings and con­ the southern border of Michigan where milk delivered to supply plants can be clusions. Briefs and proposed findings the production area is common to several allocated to Class I use under some cir­ and conclusions were filed on behalf of regulated markets. cumstances. However, since the provi­ certain interested parties. These briefs, Two proposals were made to specify sions of a neighboring order would not proposed findings and conclusions and the producer status of a dairy farmer necessarily exempt such milk from pro­ the evidence in the record were consid­ when his milk is received at a pool plant ducer status thereunder even if otherwise ered in making the findings and conclu­ by diversion from an other order plant. subject to pooling in the Southern Mich­ sions set forth above. To the extent that One proposal, by certain cooperative igan market, the provision should be the suggested findings and conclusions associations, would assign such dairy constructed to preclude pooling producer filed by interested parties are inconsist­ farmer producer status when a greater milk under both the Southern Michigan ent with the findings and conclusions set quantity of his milk is delivered during order and another order at the same forth herein, the requests to make such the month to a Southern Michigan order time. Consequently, if the other order findings or reach such conclusions are distributing plant than is physically re­ does not release the milk for pooling denied for the reasons previously stated ceived at a distributing plant under the under the Southern Michigan order, it in this decision. other order. It was testified that milk must remain under the other order. General findings. The findings and has been diverted from the Northwestern The present Southern Michigan and determinations hereinafter set forth are Ohio order market to a Southern Michi­ Muskegon orders place no limits on the supplementary and in addition to the gan order distributing plant and that the amount of milk which may be diverted findings and determinations previously order should clearly specify whether to honpool plants during the month and made in connection with the issuance of such milk is to be treated as producer retain status as pooled milk. There was the aforesaid orders and of the pre­ milk or as other source milk. It was no proposal and no evidence calling for viously issued amendments thereto; and proposed by the producer groups that a limitation on such shipments out of all of said previous findings and deter­ producer status be automatic when a the market in excess of which the milk minations are hereby ratified and majority of the producer’s milk is de­ would lose its status as producer (pool) affirmed, except insofar as such findings livered to the Southern Michigan pool milk. and determinations may be in conflict plant. Another proposal, made by a However, in the event diversion is made with the findings and determinations set proprietary handler, would exempt from to a nonpool plant which is an other or­ forth herein. producer milk status any milk received der plant, the milk should not be subject (a) The tentative marketing agree­ by diversion from another order plant. to pooling under both orders. In order ments and the orders, as hereby pro­ Thus, the determining factor would be to avoid duplication of regulation, it is posed to be amended, and all of the the limit placed on diversions pursuant provided in the consolidated order that terms and conditions thereof, will tend to the other order. In this connection milk diverted to an other order plant to effectuate the declared policy of the the handler witness cited the provisions will lose its status as pool milk under act; of the Northwestern Ohio order which the Southern Michigan order immedi­ (b) The parity prices of milk as de­ allow diversion of an individual pro­ ately upon becoming subject to pooling termined pursuant to section 2 of the Act ducer’s milk on all but four days of the under the other order as producer milk are not reasonable in view of the price month. as defined therein. of feeds, available supplies of feeds, and The allocation provisions of the South­ (h) Administrative and miscellaneousother economic conditions which affect ern Michigan order provide that bulk provisions. The maximum rate of 'ad­ markejt supply and demand for milk in milk received from another order plant ministrative assessment under the con­ the marketing areas, and the minimum can be designated Class n use by both solidated order to cover administrative prices specified in the proposed market­ handlers if so reported, otherwise such costs should be 2 cents per hundred­ ing agreements and the orders, as here­ other source milk is allocated pro rata weight. The maximum deduction to by proposed to be amended, are such to the handler’s utilization in the same cover costs of marketing services to pro­ prices as will reflect the aforesaid fac­ manner as producer milk. No change in ducers should be 5 cents per hundred­ tors, insure a sufficient quantity of pure the allocation provision was at issue. weight. The above rates are the same and wholesome milk, and be in the pub- However, this provision is relevant in as those in the present Southern Michi­ lie interest * gan order. Muskegon order maximums (c) The tentative marketing agree­ determining whether milk received by di­ ments and the orders, as hereby pro­ version from another regulated market are 4 cents for administrative assessment posed to be amended, will regulate the should be designated producer milk. In and 7 cents for marketing services. handling of milk in the same manner as, the event that such milk is diverted for Administrative and marketing service and will be applicable only to persons in intended Class II úse it would be appro­ costs per hundredweight of milk under the respective classes of industrial and priate to exempt the milk from producer the merged order should average about commercial activity specified in, a mar­ milk status as it may be the most con­ the same as under the present Southern Michigan order. This is so because pres­ keting agreement upon which a hearing venient outlet for disposing of reserve has been held; supplies of the market from which di­ ent Southern Michigan order plants and (d) All milk and milk products han­ verted. However, in the event such milk producers will account for most of the dled by handlers, as defined in this order, is not specifically diverted for Class II milk in the market. About 95 percent are in the current of interstate commerce use, some reasonable limit on the diver­ of the producer milk under the consoli­ or directly burden, obstruct, or affect in­ sion as other source milk is appropriate. dated order will be received at plants terstate commerce in milk or its prod­ which are regulated by the present Otherwise, supplies which were histori­ ucts; and „ nac cally associated with another market Southern Michigan order. A very high (e) It is hereby found that the nece - could be shifted to the Southern Mich­ percentage of the producers for whom sary expense of the market administra­ igan market on a direct-delivery basis the market administrator will perform tor for the maintenance and function­ in the same manner as the milk of regu­ marketing services ship to these South­ ing of such agency will require the P j lar producers without actually becoming ern Michigan plants also. While maxi­ ment by each handler, as his pro „ producer milk. mum administrative assessment and share of such expense, 2 cents per A limit based upon majority shipment marketing service rates on milk which is dredweight or such lesser amount a is reasonable Since if more milk is now received at Muskegon order plants Secretary may prescribe, with j shipped to Southern Michigan order pool are somewhat higher than on milk under (1) Producer milk (including nuik plants than to plants under the other the Southern Michigan order, it is ex­ such handler’s own production), order, the primary association is with pected that in view of the substantially (2) Other source milk alioeated^ the Southern Michigan market. Such greater volumes involved under a com­ Class I pursuant to § 1040.46(a) ( producer status should be based on the bined order, the effective rates on such (7) and the corresponding steps quantities of such milk which is delivered milk need not be higher than those pro­ § 1040.46(b) ; and Friday, June 18, 1965 FEDERAL REGISTER 7919

(3) Class I milk disposed of in the PART 1040— MILK IN SOUTHERN P a y m e n t s fob Mil k marketing area from partially regulated MICHIGAN MARKETING AREA Sec. distributing plants that exceeds the hun­ 1040.80 Time and method of payment to dredweight of Class I milk received dur­ Subpart— Order Regulating Handling pro d u cers. ing the month at such plant from pool 1040.81 Location differentials to producers Order1 Amending the Order Regulating a n d o n n o n p o o l m ilk . plants and other order plants. the Handling of Milk in the Southern 1040.82 Producer butterfat differential. Rulings on exceptions. In arriving at Michigan Marketing Area 1040.83 Producer-equalization fund. the findings and conclusions, and the 1040.84 Payments to the producer-equali­ regulatory provisions of this decision, D e f in it io n s z a tio n fu n d . each of the exceptions received was care­ Sec. 1040.85 Payment from the producer-equal­ 1040.1 A ct. ization fund. fully and fully considered in conjunction 1040.2 with the record evidence pertaining S ecretary. 1040.86 Expense of administration, 1040.3 U.S.D.A. 1040.87 Marketing services. thereto. To the extent that the findings 1040.4 P erson. 1040.88 A djustm ents accounts. and conclusions, and the regulatory pro­ 1040.5 Cooperative association. 1040.89 Overdue accounts. visions of this decision are at variance 1040.6 Southern Michigan marketing area. with any of the exceptions, such excep­ 1040.7 Handler. A pplicatio n of P ro visio ns tions are hereby overruled for the rea­ 1040.8 P ro d u cer. 1040.90 Handler exemption. sons previously stated in this decision. 1040.9 Producer-handler. 1040.91 Handlers subject to other Federal 1040.10 Producer milk. orders. Marketing agreement and order. An­ 1040.11 O ther source milk nexed hereto and made a part hereof 1040.92 Producer-handler exemption. 1040.12 F lu id m ilk p ro d u ct. 1040.93 Special reporting dates. are two documents entitled respectively, 1040.13 R o u te. “Marketing Agreement Regulating the 1040.14 Distributing plant. E ffective T im e , S u s p e n s io n , ob T er m in a t io n Handling of Milk in the Southern Michi­ 1040.15 Supply plant. 1040.100 Termination of obligations. gan Marketing Area,” and “Order 1040.16 Pool plant. 1040.101 Effective time. Amending the Order Regulating the 1040.17 Call percentage. 1040.102 Suspension or termination. Handling of Milk in the Southern Michi­ 1040.18 Nonpool plant. 1040.103 Continuing obligations. 1040.19 Base m ilk. 1040.104 Liquidation. gan Marketing Area” (which is a con­ 1040.20 Excess m ilk. solidation of and amendment to the M iscellaneous P eo v isio n s M arket Administrator orders regulating the handling of milk 1040.110 Agents. 1040.25 in the Southern Michigan and Muske­ Market administrator. 1040.111 Separability of provisions. 1040.26 Pow ers. gon, Mich., marketing areas), which 1040.27 D uties. A u th o r it y ; The provisions of this Part have been decided upon as the detailed 1040 issued under secs. 1-19, 48 Stat. 31, as and appropriate means of effectuating H andler, R eports, R ecords, an d F acilities amended; 7 U.S.C. 601-674. 1040.30 Monthly reports of receipts and the foregoing conclusions. § 1040.0 Findings and determinations. It is hereby ordered, That all of this utilization. decision, except the attached marketing 1040.31 Other reports. The findings and determinations here­ 1040.32 Records and facilities. inafter set forth are supplementary and agreement, be published in the F ederal 1040.33 Retention of records. Register. The regulatory provisions of in addition to the findings and determi­ Classification o f M il k nations previously made in connection said marketing agreement are identical with the issuance of the aforesaid order with those contained in the order as 1040.40 Skim milk and butterfat to be classified. and of the previously issued amend­ hereby proposed to be amended by the 1040.41 Classes of utilization. ments thereto; and all of said previous attached order which will be published 1040.42 S h rin k ag e. findings and determinations are hereby with this decision. 1040.43 Transfers. ratified and affirmed, except insofar as Referendum order; determination of 1040.44 Responsibility of handlers. such findings and determinations may 1040.45 Computation of skim milk and representative period; and designation of butterfat in each class. be in conflict with the findings and referendum agent. It is hereby directed 1040.46 Allocation of skim milk and but­ determinations set forth herein. that a referendum be conducted to de­ terfat classified. (a) Findings upon the basis of the hearing record. Pursuant to the provi- termine whether the issuance of the at­ M in im u m Class P rices tached order, as amended and as here­ visions of the Agricultural Marketing 1040.50 Basic fo rm u la price; Agreement Act of 1937, as amended <7 by proposed to be amended, regulating 1040.51 Class I milk price. U.S.C. 601 et seq.), and the applicable the handling of milk in the Southern 1040.52 C lass I I m ilk price. rules of practice and procedure govern­ Michigan marketing area, is approved or 1040.53 Handler butterfat differential. ing the formulation of marketing agree­ favored by the producers, as defined un­ 1040.54 Location adjustm ents to handlers. 1040.55 Use of equivalent prices. ments and marketing orders (7 CFR der the terms of the order, as amended Part 900), a public hearing was held and as hereby proposed to be amended, D etermination of U n ifo r m P rices to upon certain proposed amendments to an. who, during the representative P roducers the tentative marketing agreement and Period, were engaged in the production 1040.60 Computation of the net pool ob­ to the order regulating the handling of ligation of each pool handler. milk in the Southern Michigan market­ i Î *or Sa^e within the aforesaid 1040.61 Computation of the 3.5 percent marketing area. value of all m ilk. ing area. Upon the basis of the evidence The month of March 1965, is hereby 1040.62 Computation of uniform price. introduced at such hearing and the 1040.63 Adjusted uniform price. record thereof, it is found that; k° k® the representative 1040.64 Excess m ilk price. (1) The said order as hereby amended, i g P for the conduct of such referen- 1040.65 Computation of uniform price for and all of the terms and conditidns b ase m ilk. thereof, will tend to effectuate the aeent Sf *mne is hereby designate 1040.66 Obligations of handler operating declared policy of the Act; a partially regulated distributing (2) The parity prices of milk, as de­ refPvL i the Secretary to conduct sue p la n t. wraidmn m accordance with the prt 1040.67 Notification. termined pursuant to section 2 of the detP™ i0r the conduct of referenda 1 Act, are not reasonable in view of the t Producer approval of mi] B ase R u les price of feeds, available supplies of feeds, orders <15 F.R. 5177), sue 1040.70 Determination of base. and other economic conditions which af­ fect market supply and demand for milk th e ln f? ? to be comPleted on or befoi 1040.71 Application of bases. 1040.72 Relinquishing a base. in the said marketing area, and the Is issued ^ay *rom the date this decisio minimum prioes specified in the order ■* This order shall not become effective un­ as hereby amended, are such prices as Æ at Washington, D.C., on June less and until the requirements of § 900.14 of will reflect the aforesaid factors, insure a the rules of practice and procedure govern­ sufficient quantity of pure and whole­ ing proceedings to formulate marketing some milk, and be in the public interest; J ohn A. S chnittker, agreements and marketing orders have been (3) The said order as hereby amended, Under Secretary. m e t. No. i n ----- a regulates the handling of milk in the 7920 PROPOSED RULE MAKING same manner as, and is applicable only § 1040.4 Person. (d) Any cooperative association with to persons in the respective classes of respect to producer milk diverted from a industrial or commercial activity speci­ “Person” means any individual, part­ pool plant to a nonpool plant for the fied in, a marketing agreement upon nership, corporation, association, or any account of such association; which a hearing has been held. other business unit. (e) Any person in his capacity as the (4) All milk and milk products § 1040.5 Cooperative association. operator of an other order plant from handled by handlers, as defined in the which fluid milk products are distributed order as hereby amended, are in the “Cooperative association” means any on routes in the marketing area or current of interstate commerce or di­ cooperative marketing association of shipped to a pool plant; and rectly burden, obstruct, or affect inter­ producers, which the Secretary deter­ (f) Any producer-handler. state commerce in milk or its products; mines, after application by the associa­ and tion: § 1040.8 Producer. (5) It is hereby found that the neces­ (a) To be qualified under the provi­ “Producer” means any person, other sary expense of the market administrator sions of the act of Congress of February than a producer-handler under any Fed­ for the maintenance and functioning of 18,1922, as amended, known as the “Cap- eral order, who produces milk, approved such agency will require the payment by per-Volstead Act”; by any duly constituted health authority each handler, as his pro rata share of (b) To have full authority in the sale for fluid consumption in the marketing such expense, two cents per hundred­ of milk of its members and is engaged area, which is moved to a pool plant, or weight or such lesser amount as the in making collective sales or marketing to any other plant by diversion from a Secretary may prescribe, with respect to : milk or its products for its members; and pool plant. The term shall include such (i) Producer milk (including milk of (c) To have all of its activities under a person with respect to milk diverted to such handler’s own production) ; the control of its members. a pool plant from an other order plant ^ * . (ii) Other source milk allocated to § 1040.6 Southern Michigan marketing (unless designated for Class II use) dur­ Class I pursuant to § 1040.46(a) (3) and area. ing any- month in which the quantity (7) and the corresponding steps' of diverted is greater than the quantity of § 1040.46(b) ; and “Southern Michigan marketing area”, milk physically received from such per­ (iii) Class I milk disposed of in the hereinafter referred to as the “market­ son at the plant from which diverted and marketing area from a partially regu­ ing area”, means all territory geograph­ such milk is exempt from the pooling lated distributing plant that exceeds the ically within the places listed below, to­ provisions of the other order. hundredweight of Class I milk received gether with all piers, docks, and wharves during the month at such plant from connected therewith and all craft moored § 1040.9 Producer-handler. pool plants and other order plants. thereat, and all territory wholly or partly “Producer-handler” means a person therein occupied by government (mu­ who: Order relative to handling. It is there­ nicipal, State, or Federal) reservations, (a) Operates a dairy farm and a milk fore ordered, that on and after the effec­ installations, institutions, or other simi­ plant from which fluid milk products tive date hereof, the orders regulating lar establishments: are distributed in the marketing area and the handling of milk in the Southern who received fluid milk products only Michigan and Muskegon, Mich., market­ M ic hig an Co u n t ie s A lcona. M ason. from his own production or by transfer ing areas shall be amended and consoli­ A llegan. M issaukee. from a pool plant; and dated into one order and the handling A lpena. Monroe (Ash and (b) Provides proof that (1) the care of milk in the consolidated marketing A renac. Berlin townships and management of all dairy animals area, redefined as the Southern Michigan B arry. o n ly ) . and other resources necessary to pro­ marketing area, shall be in conformity Bay. M ontcalm . C alh o u n . Montmorency. duce the entire volume of fluid milk to, and in compliance with, the terms products handled (excluding receipts by and conditions of Part 1040 as hereby Clare. M uskegon. C lin to n . Newaygo. transfer from a pool plant); and (2) the amended. Part 1042 is hereby revoked E ato n . O akland. operation of the processing business is and Part 1040 is hereby amended as G enesee. O ttaw a. the personal enterprise and risk of such follows : G ladw in. O ceana. person. The provisions of the proposed mar­ G ra tio t. Ogem aw . keting agreement and order amending H uron. Osceola. § 1040.10 Producer milk. the order contained in the recommended In g h am . Oscoda. “Producer milk” means all skim milk decision issued by the Deputy Admin­ Io n ia. Presque Isle (Kra­ and butterfat contained in milk received istrator, Regulatory Programs, on April Iosco. kow and Presque Isabella. Isle to w n sh ip s from producers at a pool plant or by a 27, 1965, and published in the F ederal Jackson. o n ly ) . cooperative association in its capacity as R egister on May 1, 1965 (30 F.R. 6163; K alam azoo. R oscom m on. a handler pursuant to § 1040.7 (c) and F.R. Doc. 65-4591), subject to a revision K en t. Saginaw . (d) and that diverted to a nonpool plant Of §§ 1040.16, 1040.43, 1040.54, 1040.70, Lake. S t. C lair. by the operator of a pool plant, except and 1040.72, shall be and are the terms L apeer. S anilac. Livingston. milk which is subject to pooling under and provisions of this order amending Shiawassee. another Federal order. the order and the order is set forth in full M acom b. T uscola. M ecosta. W ashtenaw . § 1040.11 Other source milk. herein. M idland. W ayne. D e f in it io n s “Other source milk” means all skim § 1040.7 Handler. milk and butterfat contained in: § 1040.1 Act. “Handler” means: (a) Receipts during the month oi “Act” means Public Act No. 10, 73d (a) Any person who operates a pool fluid milk products except (1) receipts Congress, as amended, and as re-enacted plant; from other pool plants, (2) producer mux and amended by the Agricultural Mar­ (b) Any person who operates a par­ and (3) that received from a cooperative keting Agreement Act of 1937, as amend­ tially regulated distributing plant; association pursuant to § 1040.7(c); an ed (7 U.S.C. 601 et seq.). (c) Any cooperative association with (b) Products, other than fluid mux products, from any source (tocluams § 1040.2 Secretary. rfespect to milk of its member producers which is delivered directly from the those produced at the pool plant) wm “Secretary” means the Secretary of farm to the pool plant of another handler are reprocessed or converted to ano Agriculture of the United States, or any in a tank truck owned, operated by, or product in the pool plant during officer or employee of the United States under contract to such cooperative as­ month. authorized to exercise the powers and § 1040.12 Fluid milk product. to perform the duties of the Secretary sociation for the account of such cooper­ of Agriculture. ative association (such milk shall be con­ “Fluid milk product” means milk, skim sidered as having been received by such milk, flavored milk, buttermilk, y S ’ § 1040.3 U.S.D.A. cooperative association at a location cream (exclusive of frozen an “U.S.D.A.” means the United States identical to that of the pool plant to cream), and any mixture in fluid io Department of Agriculture. which it is delivered); ___ l____* nr skim milk (except Friday, June 18, 1965 FEDERAL REGISTER 7921 storage cream, aerated cream products, from the plant as Class I other than by posed of as Class I other than transfers ice cream mix, evaporated or condensed transfer to pool plants of other handlers, to other pool plants); milk and sterilized products packaged in is moved to a pool distributing plant. If (d) Multiply the result by 0.75; hermetically sealed containers). such plant has met the required per­ (e) The announcement of the call per­ centage during each of the months of centage shall be made on or before the § 1040.13 Route. October through January, it shall be a first day of the month to which it applies "Route” means a delivery (including pool plant for each of the following and shall set forth the data on which the a delivery by a vendor or sale from a months of February through September estimates of Class I utilization and sup­ plant or plant store) of any fluid milk during which it meets any announced plies are based together with appropriate product (except bulk cream) classified as call percentage. explanatory comments on the computa­ Class I to a wholesale or retail outlet (2) A plant operated by a cooperative tions involved; other than a delivery to any milk plant. association which supplies pool distrib­ (f) The market administrator may re­ § 1040.14 Distributing plant. uting plants with member producer milk, duce the call percentage at any time either by shipment from such plant or during the month if he determines that “Distributing plant” means a plant in by direct delivery from the farm, in a more milk than is needed for Class I use which milk approved by any duly con­ total amount not less than one-half or is being delivered to distributing plants. stituted health authority for fluid con­ the call percentage, whichever is higher, § 1040.18 Nonpool plant. sumption in the marketing area is proc­ of the aggregate receipts of fluid milk essed or packaged and from which fluid products at all pool distributing plants. “Nonpool plant” means any milk re­ milk products in consumer-type pack­ (3) A plant operated by a cooperative ceiving, manufacturing, or processing ages or dispenser units are distributed on association which supplies pool distrib­ plant other than a pool plant. The fol­ routes in the marketing area. uting plants, either by shipment from lowing categories of nonpool plants are § 1040.15 Supply plant. such supply plant or by direct delivery further defined as follows: (a) “Other order plant” means a plant “Supply plant” means a plant in which from the farm, (i) not less than one-half of its total member producer milk in the that is fully subject to the class pricing milk approved by any duly constituted and pooling provisions of another order health authority for fluid consumption current month, or (ii) if such plant were a pool plant in each of the pre­ issued pursuant to the Act. in the marketing area is assembled and (b) “Producer-handler plant” means a either processed or shipped in the form ceding 13 months, not less than one-half of its total member producer’s milk for plant operated by a producer-handler as of a bulk fluid milk product to another defined under this or any other Federal milk processing plant. the second through the 13 th preceding months, except that in either case an order issued pursuant to the Act. § 1040.16 Pool plant. announced call percentage exceeding 50 (c) “Partially regulated distributing percent in the current month must be plant” means a nonpool plant that is "Pool plant” means: neither an other order plant nor a pro­ (a) A distributing plant, other thanmet. (4) A plant operated by a cooperative ducer-handler plant and from which a producer-handler plant or plants ex­ fluid milk products in consumer-type empt pursuant to § 1040.90 and § 1040.91, association which supplies pool plants of other handlers, by direct delivery from packages or dispenser units are distrib­ from which total distribution of fluid uted on routes in the marketing area milk products on routes during the the farm, with not less than two-thirds or the call percentage, whichever is during the month. month or during either of the 2 months (d) “Unregulated supply plant” means immediately preceding is not less than higher, of its total member producer milk. a nonpool plant that is neither an other 50 percent of receipts of producer milk order plant nor a producer-handler plant and fluid milk products from supply § 1040.17 Call percentage. and from which a fluid milk product ap­ plants and cooperative associations pur­ “Call percentage” means the percent­ proved by any duly constituted health suant to § 1040.7(c). age computed by the market adminis­ authority' for fluid consumption in the (b) A supply plant which during thf trator in addition to the minimum per­ marketing area is shipped during the month meets one of the performance month to a pool plant. requirements specified in subparagraph centage pooling requirements applicable to supply plants and cooperative associa­ § 1040.19 Base milk. (1), (2), (3), or (4) of this paragrapl tions under § 1040.16(b). A call per­ and any applicable call percentage: Pro­ centage of not leSs than 25 percent may “Base milk” means the amount of vided, That all supply plants which are be computed and announced for each milk delivered by a producer each month operated by one handler, or all the sup­ month except April, May, June, and July which is not in excess of his base com­ ply plants for which a handler is re­ puted pursuant to § 1040.70 multiplied by sponsible for meeting the performance as follows: (a) Estimate the pounds of Class I the number of days for which his milk requirements of this paragraph (b) un- production is delivered during the month. aer a marketing agreement certified tc milk utilization for the month, including the market administrator by both par­ an additional 15 percent thereof as an § 1040.20 Excess milk. ties may be considered as a unit for the operating margin, at pool distributing “Excess milk” means milk delivered by Purpose of meeting the performance plants that received milk from pool sup-, a producer each month in excess of his requirements of subparagraphs (1), (2 ) ply plants pursuant to § 1040.16(b) dur­ base milk. (3), or (4) of this paragraph (b) ing each of the immediately preceding upon written notice to the market ad­ 12 months; M a r k e t A dministrator ministrator specifying the plants to be (b) Subtract from the Class I milk § 1040.25 Market administrator. considered as a unit and the period dur- estimated pursuant to paragraph (a) of this section, the estimated pounds of The agency for the administration of which such consideration shall apply milk which will be received at such pool this part shall be a market administrator, ouch notice, and notice of any change distributing plants during the month selected by the Secretary, who shall be Resignation, shall be furnished or from (1) producers’ farms, (2) pool entitled to such compensation as may be ino-+i°re ■fifth working day follow- plants pursuant to § 1040.16(b) that reg­ determined by, and shall be subject to ,r 'he month to which the notice ap- ularly shipped their entire available Sup­ removal by, the Secretary. any months of Februarj t .. ugh September a unit shall not con- ply of producer milk to pool plants in § 1040.26 Powers. each month bf the immediately preced­ n „Aaily blant which was not qualified as ing August through March period, and The market administrator shall have pla?t either individually or as a (3) cooperative associations pursuant to the following powers with respect to this OrtnK a unit «hiring the previous part: rn trough January. § 1040.7(c); (c) Divide the remaining pounds of (a) To administer its terms and pro­ 21 tie.. Piant from which not less thar visions; eV(£ °r the call percentage, which- Class I milk by the estimated receipts of (b) To receive, investigate, and re­ miiir a„ilgher’ receipts of produce] producer milk at pool plants pursuant port to the Secretary complaints of vio­ tivp r®?eiPts for which a coopera­ to § 1040.16(b) except those described in lations; te $ S ciatiPn is the handler pursuanl paragraph (b) (2) of this section (after (c) To make rules and regulations to ’"•7(c), less any milk disposed oJ subtracting any milk estimated to be dis­ effectuate its terms and provisions; and 7922 PROPOSED RULE MAKING

(d) To recommend amendments to (2) On or before the 11th day of each§ 1040.31 Other reports. the Secretary. month, the uniform price, the adjusted (a) Each producer-handler and each § 1040.27 Duties. uniform price, the price for base milk handler described in §§ 1040.90 and and the price for excess milk for the pre­ 1040.91 shall make reports at such time The market administrator shall per­ ceding month, computed pursuant to and in such manner as the market ad­ form all duties necessary to administer §§ 1040.62, 1040.63, 1040.64, and 1040.65. ministrator may request; and the terms and provisions of this part, (l) Whenever required for purposes of (b) On or before the 20th day of each allocating receipts from other order including, but not limited to, the fol­ month each handler who received miiir lowing: plants pursuant to § 1040.46(a)(8) and from producers shall report his producer (a) Within 30 days following the date the corresponding step of § 1040.46(b), payroll for the preceding month which on which he enters upon his duties, exe­ the market administrator shall estimate shall show: cute and deliver to the Secretary a bond, and publicly announce the utilization (to (1) The pounds of base milk and effective as of the date on which he the nearest whole percentage) in each pounds of excess milk, or the pounds of enters upon such duties and conditioned class during the month of skim milk milk to be paid for at the uniform or upon the faithful performance of such and butterfat, respectively, in producer adjusted uniform price, received from duties, in an amount and with surety milk of all handlers. Such estimate shall each producer, and the percentage of thereon satisfactory to the Secretary; be based upon the most current available butterfat contained therein; (b) Employ and fix the compensation data and shall be final for such purpose; (2) The amount and date of payment of such persons as may be necessary to (m) Report to the market administra­ to each producer (or to a cooperative enable him to administer its terms and tor of the other order, as soon as possible association); and provisions; after the report of receipts and utiliza­ (3) The nature and amount of each (c) Obtain a bond in a reasonable tion for the month is received from a deduction or charge involved in the pay­ amount and with reasonable surety handler who has received fluid milk ments referred to in subparagraph (2) 'thereon covering each employee who products from an other order plant, the of this paragraph. handles funds entrusted to the market classification to which such receipts are administrator; allocated pursuant to § 1040.46 pursuant § 1040.32 Records and facilities. (d) Pay, out of the funds provided by to such report, and thereafter any change Each handler shall maintain and make § 1040.86: in such allocation required to correct available to the market administrator (1) The cost of his bond and of the errors disclosed in verification of such during the usual hours of business such bonds of his employees; report; and accounts and records of all of his opera­ (2) His own compensation; and (n) Furnish to each handler operating tions and such facilities as are necessary (3) All other expenses, except those a pool plant who has shipped fluid milk to verify reports, or to ascertain the cor­ incurred under § 1040.87, necessarily in­ products to an other order plant, the rect information with respect to (a) the curred by him in the maintenance and classification to which the skim milk and receipts and utilization or disposition of functioning of his office and in the per­ butterfat in such fluid milk products all skim milk and butterfat received, in­ formance of his duties; were allocated by the market adminis­ cluding all milk products received and (e) Keep such books and records as trator of the other order on the basis of disposed of in the same form; (b) the will clearly reflect the transactions pro­ the report of the receiving handler; and, weighis and tests for butterfat, skim vided in this part, and, upon request by as necessary, any changes in such clas­ milk, and other contents of all milk and the Secretary, surrender the same to such sification arising in the verification of milk products handled; and (c) pay­ other person as the Secretary may such report. ments to producers and cooperative designate; H andler R e p o r t s , R ec o r d s, associations. (f) Publicly announce, unless other­ and F a c il it ie s wise directed by the Secretary, by post­ § 1040.33 Retention o f records. ing in a conspicuous place in his office, § 1040.30 Monthly reports of receipts All books and records required and by such other means as he deems and utilization. under this part to be made available to appropriate, the name of any person who, On or before the fifth working day of the market administrator shall be re­ within 10 days after the day upon which each month, each handler other than a tained by the handler for a period of 3 he is required to perform such acts, has handler exempt pursuant to §§ 1040.90, years to begin at the end of the month not made: 1040.91, or 1040.92, shall report to the to which such books and records pertain. (1) Reports pursuant to §§ 1040.30 and market administrator for the preceding If within such 3-year period, the market 1040.31; or month in the detail and on the forms administrator notifies a handler in writ­ (2) Payments pursuant to §§ 1040.80 prescribed by the market administrator ing that the retention of such books through 1040.87 ; as follows: and records, or of specified books and (g) Calculate a base for each pro­ (a) The quantities of skim milk and records, is necessary in connection with ducer in accordance with § 1040.70 and butterfat contained in: a proceeding under section 8c(15) (A) of advise the producer and the handler re­ (1) Milk received from producers (or the act or a court action specified in ceiving the milk of such base; from qualified dairy farmers, in case of a such notice, the handler shall retain (h) Submit his books and records to nonpool plant) including the aggregate such books and records until further examination by the Secretary and fur­ quantities of base milk, excess milk, and written notification from the market ad­ nish such information and reports as milk to be paid for either at the uniform ministrator. The market administrator may be requested by the Secretary.; or adjusted uniform price; shall give further written notification to (i) Audit records of all handlers to (2) Fluid milk products received from the handler promptly upon the termina­ verify the reports and payments required other pool plants and cooperative asso­ tion of the litigation or when the recoras pursuant to the provisions of this part; ciations pursuant to § 1040.7(c), are no longer necessary in connecti (j) Prepare and disseminate to pro­ (3) All other source milk; and therewith. ducers, handlers and the public, general (4) Inventories of fluid milk products C lassification o f M il k information which does not reveal con­ on hand at the beginning of the month; fidential information; 1040.40 Skim milk and butterfat to be (b) The utilization of all skim milk classified. (k) Compute and publicly announce and butterfat required to be reported the prices determined for each month as pursuant to paragraph (a) of this sec­ All skim milk and butterfat follows : tion. Such report by each handler pur­ t a pool plant which is r®5^ref,o11 be (l) On or before the sixth day of each sported pursuant to § i 040-30. trough month, the Class I price computed pur­ suant to § 1040.7 (b) shall Include a sep­ Lassified pursuant to §§ 1040.41 1 suant to § 1040.51 for the current month; arate statement showing the respective 040.46. amounts of skim milk and butterfat dis­ and the Class n price computed pursuant 1040.41 Classes of utilization. to § 1040.52 and the handler and pro­ posed of on routes in the marketing area ducer butterfat differentials computed as Class I milk; and Subject to the conditions j,f pursuant to §£1040.53 and 1040.82, for (c) Such other information as the § 1040.43 and 1040.44, the classe the preceding month; and market administrator may prescribe. Friday, June 18, 1965 FEDERAL REGISTER 7923 (a) Class I milk. Class I milk shall be located pro rata to skim milk and butter­ (3) The skim milk and butterfat so all skim milk and butterfat: fat, respectively, in : transferred shall be classified on the basis (1) Disposed of in the form of a fluid (i) Producer milk and other receipts of the following assignment of utiliza­ rciilk product except as provided in para­ of milk specified in paragraphs (a) and tion at such nonpool plant in excess of graph (b)(2), (3), and (4) of this sec­ (b) of this section; and receipts of packaged fluid milk products tion; and (ii) Other source milk exclusive of that from all pool plants and other order (2) Not accounted for as Class n milk. specified in paragraph (a) of this section. plants; (b) CUiss II milk. Class n milk shall § 1040.43 Transfers. (i) Any Class I utilization disposed be; of on routes in the marketing area shall (1) RTfim milk and butterfat used to Skim milk or butterfat in the form of be first assigned to the skim milk and produce any product other than a fluid a fluid milk product shall be classified: butterfat in the fluid milk products so milk product; (a) At the utilization indicated by the transferred or diverted from pool plants, (2) Skim milk and butterfat disposed operators of both plants, otherwise as next pro rata to receipts from other or­ of in fluid milk products in bulk form Class I milk, if transferred from a pool der plants and thereafter to receipts from to any commercial food processing estab­ plant to the pool plant of another han­ dairy farmers who the market adminis­ lishment for use in food products pre­ dler except as provided in § 1040.44(b), trator determines constitute regular pared for consumption off the premises; subject in either event to the following sources of supply of milk for such non­ (3) Skim milk and butterfat disposed conditions: pool plant; of as livestock feed or skim milk dumped (1) The skim milk or butterfat so as­ „(ii) Any Class I utilization disposed of subject to prior notification to and in­ signed to either class shall be limited to on routes in the marketing area of an­ spection (at his discretion within 18 the amount thereof remaining/in such other order issued pursuant to the Act hours) by the market administrator; class in the transferee plant after com­ shall be first assigned to receipts from (4) Skim milk represented by the non­ putations pursuant to § 1040.46(a) (1) plants fully regulated by such order, next fat milk solids added to a fluid milk through (8) and the corresponding steps pro rata to receipts from pool plants and product which is in excess of the weight of § 1040.46(b); other order plants not regulated by such of an equivalent volume of fluid milk (2) If the transferor plant received order, and thereafter to receipts from products prior to such addition; during the month other source milk to be dairy farmers who the market adminis­ <5) Skim milk and butterfat in frozen allocated pursuant to § 1040.46(a) (3), trator determines constitute regular cream; the skim milk and butterfat so trans­ sources of supply for such nonpool plant; (6) Skim milk and butterfat contained ferred shall be classified so as to allocate (iii) Class I utilization in excess of in inventory of fluid milk products on the least possible Class I utilization to that assigned pursuant to subdivision (i) hand at the end of the month; such other source milk; and and (ii) of this subparagraph shall be (7) Skim milk and butterfat, respec­ (3) If the transferor handler received assigned first to remaining receipts from tively, in shrinkage as computed pur­ during the month other source milk to dairy farmers who the market adminis­ suant to § 1040.42 (a) and (b ); and be allocated pursuant to § 1040.46(a) (7) trator determines constitute the regular (8) Skim milk and butterfat, respec­ or (8) and the corresponding steps of source of supply for such nonpool plant tively, in shrinkage assigned pursuant to § 1040.46 (b), the skim milk and butterfat and Class I utilization in excess of such' § 1040.42(d) (ii). : so transferred up to the total of such re­ receipts shall be assigned pro rata to § 1040.42 Shrinkage. ceipts shall not be classified as Class I unassigned receipts at such nonpool plant milk to a greater extent than would be from all pool and other order plants; The market administrator shall alio-* applicable to a like quantity of such other (iv) To the extent that Class I utiliza­ cate shrinkage to a handler’s receipts source milk received at the transferee tion is not so assigned to it, the skim milk as follows: plant; and butterfat so transferred shall be (a) The quantities of skim milk and (b) As Class I milk, if transferred from classified as Class II milk; and butterfat, respectively, to be classified as a pool plant to a producer-handler; (e) As follows, if transferred to an Class n pursuant to § 1040.41(b) (7) shall (c) As Class II milk, if transferred in other order plant in excess of receipts not exceed 2 percent (except as provided the form of cream in bulk to a nonpool from such plant in the same category as in paragraph (b) of this section) with plant that is neither an other order plant described in subparagraph (1), (2), or respect to skim milk and butterfat nor a producer-handler plant if the han­ (3) of this paragraph: received as follows: dler claims Class n utilization and such (1) If transferred in packaged form, (i) Producer milk physically received nonpool plant is located in Pennsylvania, classification shall be in the classes to at a pool plant; New Jersey, New York, or New England, which allocated as a fluid milk product (ii) Bulk receipts of fluid milk prod- otherwise assignment of cream trans­ under the other order; ucts from other order plants or from ferred shall be pursuant to paragraph (2) If transferred in bulk form, clas­ unregulated supply plants, exclusive of (d) or (e) of this section; sification shall be in the classes to which the quantities for which Class n was (d) As Class I milk if transferred or di­ allocated as a fluid milk product under requested by the handler(s) involved. verted in bulk to a nonpool plant that is the other order (including allocation un­ (b) Two percent with respect to re­ neither an other order plant nor a pro- • der the conditions set forth in subpara­ ceipts from a cooperative association ducer-handler plant, unless the require­ graph (3) of this paragraph); bandler under § 1040.7 (c) if settlement ments of subparagraphs (1) and (2) of (3) If the operators of both the trans­ the association is on the basis of this paragraph are met, in which case feror and transferee plants so request in weights and tests determined at the the skim milk and butterfat so trans­ the reports of receipts and utilization -n ? « an<*^ e market administrator is so ferred or diverted shall be classified in filed with their respective market ad­ notified of such basis of settlement on accordance with the assignment result­ ministrators, transfers in bulk form shall m +uiore ^ e handler submits his ing from subparagraph (3) of this para­ be classified as Class n to the extent of monthly report pursuant to § 1040.30; graph: the Class II utilization (or comparable nerwise the maximum shrinkage allow- (1) The transferring or diverting han­ utilization under such other order) ii/° the handler on such milk shall dler claims classification pursuant to the available for such assignment pursuant j. Percent and to the association to the allocation provisions of the trans­ nandler one-half percent. assignment set forth in subparagraph <3) of this paragraph in his report sub­ feree order; miit In .Con*Puting shrinkage, producer mitted to the market administrator pur­ (4) If information concerning the tmrJeCei! e? at a p°o1 supply, plant and suant to § 1040.30 for the month within classification to which allocated under in bulk from such plant to a which such transaction occurred; the other order is not available to the traptQ^1SJ'ribu^ing Piant shall be sub- (2) The operator of such nonpool market administrator for purposes of at ”;om ^ e producer milk receipts plant maintains books and records show­ establishing classification pursuant to Dmiiiin ®rst Plant and added to the ing the utilization -of all skim milk and this paragraph, classification shall be as PlantCer receiPts at the second butterfat received at such plant which Class I, subject to adjustment when such are made available if requested by the information is available; otw ^ len a handler has receipts of market administrator for the purpose of (5) For purposes of this paragraph, if er source milk, shrinkage shall be al­ verification; and the transferee order provides for more 7924 PROPOSED RULE MAKING than two classes of utilization, milk allo­ ning with Class II, the pounds of skim the classification assigned pursuant to cated to a class consisting primarily of milk in each of the following: § 1040.43(a); fluid milk products shall be classified as (i) Other source milk in a form other (10) If the pounds of skim milk re­ Class I, and milk allocated to other than a fluid milk product; maining in both classes exceed the classes shall be classified as Class II; and (ii) Receipts of fluid milk products pounds of skim milk in producer miiy (6) If the form in which any fluid milkthat are not approved by a duly consti­ and milk received pursuant to § 1040.44 product is transferred to another order tuted health authority for fluid con­ (b) ■, subtract such excess from the plant is not defined as a fluid milk prod­ sumption in the marketing area or which pounds of skim milk remaining in each uct under such other order, classification are from unidentified sources; and class in series beginning with Class n. shall be in accordance with the provi­ (iii) Receipts of fluid milk products Any amount so subtracted shall be known sions of § 1040.41. from a producer-handler, as defined as “overage”; under this or any other Federal order; (b) Butterfat shall be allocated in ac­ § 1040.44 Responsibility of handlers. (4) Subtract, in the order specified cordance with the procedure outlined for (a) Except as provided in paragraph below, from the pounds of skim milk re­ skim milk in paragraph (a) of this sec­ (b) of this section, all skim milk and maining in Class II, but not in excess of tion; and butterfat shall be classified as Class I such quantity: (c) Combine the amounts of skim milk utilization unless the handler who first (i) Receipts of fluid milk products and butterfat determined pursuant to receives such skim milk or butterfat from an unregulated supply plant: paragraphs (a) and (b) of this section proves to the market administrator that (a) For which the handler requests into one total for each class and deter­ such skim milk or butterfat should be Class n utilization; or mine the weighted average butterfat con­ classified otherwise. (b) Which are in excess of the pounds tent of such milk in each class. (b) Milk in bulk delivered by a co­ of skim milk determined by subtracting M in im u m C la ss P r ices operative association as a handler under from 125 percent of the pounds of skim § 1040.7(c) or from the pool plant of a milk remaining in Class I milk the sum § 1040.50 Basic formula price. cooperative association to a handler’s of the pounds of skim milk in producer The basic formula price shall be the pool plant shall be classified according to milk, receipts from a cooperative associ­ average price per hundredweight for use or disposition by the latter handler ation pursuant to § 1040.7(c), receipts manufacturing grade milk, f.o.b. plants and the value thereof at the class prices from pool plants of other handlers, and in Wisconsin and Minnesota, as reported shall be included in his net pool obliga­ receipts in bulk from other order plants; by the U.S.D.A. for the month. Such tion pursuant to § 1040.60. and price shall be adjusted to a 3.5 percent § 1040.45 Computation of skim milk (ii) Receipts of fluid milk products in butterfat basis by a butterfat differen­ and butterfat in each class. bulk from an other order plant in excess tial rounded to the nearest one-tenth of similar transfers to such plant, if cent computed at 0.12 times the simple For each month the market adminis­ Class II utilization was requested by the average of the daily wholesale selling trator shall correct for mathematical and operator of such plant and the handler; prices (using the midpoint of any price other obvious errors in the monthly re­ (5) Subtract from the pounds of skim range as one price) of Grade A (92- port submitted by each handler, and milk remaining in each class, in series score) bulk creamery butter per pound compute the total pounds of skim milk beginning with Class n , the pounds of at Chicago, as reported by the U.S.D.A. and butterfat, respectively, in Class I skim milk in inventory of fluid milk for the month. The basic formula price and Class n utilization for such han­ products on hand at the beginning of shall be rounded to the nearest full cent. dler. If any of the water contained in the month; the milk from which a product is made (6) Add to the remaining pounds of 1040.51 Class I milk price. is removed before the product is utilized skim milk in Class n milk the pounds Subject to the provisions of §§ 1040.53 or disposed of by a handler, the pounds subtracted pursuant to subparagraph (1) ,nd 1040.54, the minimum price per hun- of skim milk disposed of in such product of this paragraph; Iredweight to be paid by each handler, shall be considered to be an amount (7) Subtract from the pounds of skim .o.b. his plant, for milk of 3.5 percent equivalent to the nonfat milk solids con­ milk remaining in each class, pro rata •utterfat content received from produc- tained in such product, plus all of the to such quantities, the pounds of skim rs or from a cooperative association water normally associated with such milk in receipts of fluid milk products luring the month which is classified as solids in the form of whole milk. from unregulated supply plants which Jlass I milk shall be as follows: (a) To the basic formula price for tne § 1040.46 Allocation of skim milk and were not subtracted pursuant to sub- butterfat classified. paragraph (4) (i) of this paragraph; »receding month add $1.40 and add or (8) Subtract from the pounds of skim ubtract a “supply-demand adjustment After making the computations pur­ milk remaining in each class, in the »f not more than 45 cents computed pur- suant to § 1040.45, the market adminis­ following order, the pounds of skim milk uant to paragraph (b) of this section. trator shall determine for each handler in receipts of fluid milk products in bulk (b) A “supply-demand adjustment the classification of producer milk and from an other order plant (s), in excess hall be computed for the month as milk received pursuant to § 1040.44(b) in^each case of similar transfers to the ollows: J as follows: same plant, which were not subtracted (1) Divide the total pounds of pro (a) Skim milk shall be allocated in the pursuant to subparagraph (4) (ii) of this lucer milk for the second and tnira following manner: paragraph: nonths next preceding by the tot (1) Subtract from the total pounds of (i) In series beginning with Class II, jounds of Class I milk fo r the same skim milk in Class II the pounds of skim the pounds determined by multiplying nonths, multiply the result by 10° ^ ° milk classified as Class n pursuant to the pounds of such receipts by the larger ■ound to the nearest whole numDer. § 1040.41(b) (7); of the percentage of estimated Class n Such receipts and utilization dat (2) Subtract from the remaining utilization of skim milk announced for nonths prior to the effective date o iart to be used for such computation pounds of skim milk in each class the the month by the market administrator pounds of skim milk in fluid milk prod­ ¡hall be those established for handl pursuant to § 1040.27(1) or the percent­ m d pool plants pursuant to the pro ucts received in packaged form from age that Class n utilization remaining other order plants as follows: ¡ions of the prior Southern M (i) From Class n milk, the lesser of the is of the total remaining utilization of md Muskegon orders. The. pounds remaining or 2 percent of such skim milk of the handler; and ie known as the “current utilizatio receipts; and (ii) From Class I, the remaining (ii) From Class I milk, the remainder pounds of such receipts; ?6(2MMultiply by $0.03 the of such receipts; (9) Subtract from the pounds of skim percentage points that the cu _1lb+ra<*t) milk remaining in each class the pounds lization percentage” is above , n(j. (3) Subtract in the order specified >r below (add) the applicable sten below from the pounds of skim milk re­ of skim milk received in fluid milk prod­ maining in each class, in series begin­ ucts from other pool plants according to Friday, June 18, 1965 FEDERAL REGISTER 7925 Washtenaw (except Manchester, Bridgewater, (2) Mileage rate. For any plant at a Month for Preceding months used Standard Sharon, Freedom, Sylvan, Lima, Lyndon, which price is in computation utilization and Dexter townships). location outside the territory specified being computed percentage Saginaw (except Jonesfield, Richland, Lake- in the preceding paragraph (a)(1), the field, Fremont, Marion, Brant, Chapin, applicable adjustment rate per hundred­ October, November___ 131 Brady, Chesaning, and Maple Grove town­ weight shall be based on the shortest November, December... 135 sh ip s) . December, January____ 134 highway distance between the plant and January, February.___ 132 Bay (except Gibson, Mt. Forest, Pinconning, the nearest point in such territory as February, March______133 Garfield, and Fraser townships). determined by the market administrator, jaT^ March, April______135 April, May______141 Z one n—3 c e n ts: and shall be the amount of the zone dif­ 147 ferential applicable at such point plus 143 In g h a m . .139 Livingston. one cent for each 10 miles or fraction 138 Ja ck so n . thereof from such point. December—.. __1 September,' October___ 133 L enaw ee. (b) For fluid milk products trans­ Washtenaw (all the townships excluded from ferred in bulk from a pool plant to a § 1040.52 Class II milk price. Z one I) . pool plant described in § 1040.16(a), the Zone m —5 cents: The minimum price per hundredweight operator of the transferee plant shall to be paid by estch handler, f.o.b. his L apeer. receive credit at the applicable zone or plant, for milk of 3.5 percent butterfat St. Clair (all the townships excluded from mileage rate, based on the location of Z one I ) . the transferor plant. The total volume content received from producers or from Sanilac (except Greenleaf, Austin, Minden, on which such credit is computed shall a cooperative association during the Delaware, Evergreen, Argyle, Wheatland, be limited to the amount by which 108 month which is classified as Class n milk Marion, Forester, Lamotte, Moore, Custer, percent of Class I disposition at the shall be the basic formula price for the and Bridgehampton townships). month: Provided, That such Class n Tuscola (except Denmark, Juniata, Indian- transferee plant is in excess of the sum of price shall not be more than the sum fields, Wells, Kingston, Gilford, Fairgrove, receipts at such plant (1) from produc­ of paragraphs (a) and (b) of this sec­ Aimer, Ellington, Növesta, Wisner, Akron, ers, (2) from cooperative associations Columbia, Elmwood, and Elkland town­ pursuant to §1040.7(0, and (3) from tion plus 10 cents, rounded to the near­ s h ip s ). other order plants and unregulated sup­ est cent: A renac. ply plants which are assigned in Class I, (a) From the average Chicago butter Bay (all the townships excluded from Zone such assignment of receipts from the price for the month described in § 1040.50 I). subtract 3 cents and multiply the re­ G ladw in. transferor plant to be pro rata to re­ M idland. ceipts of fluid milk products from all mainder by 4.2; and transferor pool plants. (b) From the weighted average of car- Isabella. Montcalm (except Reynolds, Winfield, Cato, § 1040.55 Use of equivalent prices. lot prices per pound of spray process, Belvidere, Pierson, Maple Valley, Pine, nonfat dry milk for human consumption, Douglass, Montcalm, Sidney, Eureka, and If for any reason a price quotation re­ f.o.b., manufacturing plants in the Chi­ Fairplain townships). quired by this part for computing class cago area, as published from the 26th G ra tio t. prices or for any other purpose is not day of the immediately preceding month Saginaw (all the townships excluded from available in the manner described, the to the 25th day of the current month by Zone I ) . market administrator shall use a price the U.S.D.A., deduct 5.5 cents, and multi­ C lin to n . ply by 8.2. Shiawassee. determined by the Secretary to be equiv­ Ionia (except Otisco, Orleans, Keene, Easton, alent to the price which is required. § 1040.53 Handler butterfat differen­ Boston, Berlin, Campbell, and Odessa town­ tial. s h ip s ). D etermination o f U n if o r m P r ic e s to E aton. P ro d u c er s There shall be added to or subtracted Z one IV— 7 ce n ts: § 1040.60 Computation of the net pool from, the price of milk for each class as obligation of each pool handler. computed pursuant to §§ 1040.51 and Sanilac (all the townships excluded from 1040.52, for each one-tenth of 1 percent Z one I I I ) . The net pool obligation of each pool that the average butterfat test of the Tuscola (all the townships excluded from handler during each month shall be a milk in each class is above or below 3.5 Z one I I I ) . sum of money computed by the market percent, as the case may be, an amount H u ro n . ^ administrator as follows: St. Joseph. equal to the average Chicago butter price B ran ch . (a) Multiply the quantity of milk in for the month as described in § 1040.50 H illsdale. each class, as computed pursuant to multiplied by 0.113 and the result round­ C alh o u n . § 1040.46(c), by the applicable class ed to the nearest one-tenth of a cent. K alam azoo. prices; B arry. (b) Add the amount obtained from § 1040.54 Location adjustments to han- dlers. Ionia (all the townships excluded from Zone multiplying the overage deducted from in). each class pursuant to § 1040.46(a) (10) (a) For producer milk received at a K e n t. , and the corresponding step of § 1040.46 Pool plant and classified as Class I milk Montcalm (all the townships excluded from Z one I I I ) . (b) by the applicable class prices; without movement to another pool plant M ecosta. (c) Add the amount obtained from d for other source milk for which a multiplying the difference between the location adjustment is applicable, the Zone V—8 cents: Class II price for the preceding month Rh1Cn J?omputed Pursuant to § 1040.51 B errien. O sceola, and the Class I price for the current ^oiw7Lreduced Pursuant to subpara- Cass. Clare. month by the hundredweight of skim of Paragraph on the V an B uren. M issaukee, milk and butterfat subtracted from Class * he aPPhcable rate per hundred- A llegan. R oscom m on. I pursuant to § 1040.46(a) (5) and the ght for the location of such plant, O ttaw a. Ogem aw. corresponding step of § 1040.46(b) ; M uskegon. Iosco. (d) Add an amount equal to the dif­ withi™ rates' For a plant located Newaygo. M ason. tJrTLthe f?llowing described terri- L ake. O ceana. ference between the Class I and Class n asfoiowSaPPUcable Zone ra,tes shall be price values at the pool plant of the skim Zone VI—12 cents: milk and butterfat subtracted from Michigan Co u n t ie s A lcona. Grand Traverse. Class I pursuant to § 1040.46(a) (3) and Zone I—No a d ju stm e n t: O scoda, W exford. the corresponding step of § 1040.46(b) ; C raw ford. M anistee. and Genesee. K alk ask a. Oakland. (e) Add the value at the Class I price, Maconab. Zone VII—15 cents: adjusted for location of the nonpool Wayne. ' plant (s> from which an equivalent vol­ Monroe. A lpena. B enzie. Montmorency. Charlevoix. ume was received, of the skim milk and mett^T Berlin< RUey, Mussey, O tsego. E m m et. butterfat subtracted from Class I pur­ and Bfockway, Greenwood, C A n trim . C heboygan. Burtchvttle townships). suant to § 1040.46(a) (7) and the corre­ L eelan au . Presque Isle. sponding step of § 1040.46(b). 7926 PROPOSED RULE MAKING

§ 1040.61 Computation of the 3.5 per­ (f) Subtract not less than 6 cents nor (b) An amount computed as follows: cent value of all milk. more than 7 cents./ The resultant hun­ (1) Determine the respective amounts For each month the market adminis­ dredweight price shall be the uniform of skim milk and butterfat disposed of trator shall compute the 3.5 percent price of base milk of 3.5 percent butter­ as Class I milk on routes in the market­ value of all milk by : fat content. ing area; (a) Combining into one total the in­ § 1040.66 Obligations of handler oper­ (2) Deduct (except that deducted dividual values of milk of all handlers ating a partially regulated distribut­ under a similar provision of another computed pursuant to § 1040.60 ; ing plant. order issued pursuant to the act) the (b) Adding if the weighted average respective amounts of skim milk and Each handler who operates a partially butterfat received as Class I milk at the butterfat test of all milk represented in regulated distributing plant shall pay paragraph (a) of this section is less than partially regulated distributing plant to the market administrator for the from pool plants and other order plants; 3.5 percent, or subtracting if the producer-equalization fund on or before weighted average butterfat test of such (3) Combine the amounts of rh™ the 25th day after the end of the month milk and butterfat remaining into one milk is more than 3.5 percent, an amount either of the amounts (at the handler’s computed by multiplying the total total and determine the weighted aver­ election) calculated pursuant to para­ age butterfat content; and pounds of butterfat represented by the graph (a) or (b) of this section. If the difference of such average butterfat test (4) From the value of such milk at handler fails to report pursuant to the Class I price applicable at the loca­ from 3.5 percent by the butterfat differ­ § 1040.30 the information necessary to ential provided in § 1040.82 multiplied by tion of the nonpool plant, subtract its compute the amount specified in para­ value at the uniform price pursuant to 10; - graph (a) of this section, he shall pay (c) Adding the aggregate of the values § 1040.62 at the same location or at the the amount computed pursuant to para­ Class n price, whichever is higher. of the applicable location adjustments graph (b) of this section: pursuant to § 1040.81(a) (1); and (a) An amount computed as follows: § 1040.67 Notification. (d) Adding not less than one-half of (1) (i) The obligation that would have On or before the 12th day after the the unobligated balance in the producer- been computed pursuant to § 1040.60 at equalization fund. end of each month the market admin­ such plant shall be determined as though istrator shall notify each handler of: § 1040.62 Computation of uniform such plant were a pool plant. For pur­ (a) The amounts and values of his price. poses of such computation, receipts at milk in each class and the total of such For each month the market adminis­ such nonpool plant from a pool plant or amounts and values; trator, shall compute a uniform price as an other order plant shall be assigned to (b) The base of any producer deliv­ follows: the utilization at which classified at the ering milk to the handler which was not (a) Divide the aggregate value com­ pool plant or other order plant and used in making payments for the previ­ puted pursuant to § 1040.61 by the sum transfers from such nonpool plant to a ous month; of the following: pool plant or an other order plant shall (c) The amount due such handler (1) The total hundredweight of pro­ be classified as Class n milk if allocated from the producer-equalization fund or ducer milk; and to such class at the pool plant or other the amount to be paid by such handler (2) The total hundredweight for order plant and be valued at the uniform to the producer-equalization fund, as which a value is computed pursuant to price of the respective order if so allo­ the case may be; and § 1040.60(e); and cated to Class I milk. There shall be (d) The totals of the minimum (b) Subtract not less than 6 nor more included in the obligation so computed a amounts to be paid by such handler pur­ than 7 cents from the price computed charge in the amount specified in § 1040.- suant to §§ 1040.80, 1040.84, 1040.86, 60(e) and a credit in the amount speci­ 1040.87, and 1040.88. pursuant to paragraph (a) of this fied in § 1040.84(b) (2) with respect to section. receipts from an unregulated supply B ase R u l e s § 1040.63 Adjusted uniform price. plant, unless an obligation with respect § 1040.70 Determination of base. For the purpose of payments pursuant to such plant is computed as specified (a) A producer who delivered milk on to § 1040.70(c) the uniform price com­ below in this subparagraph. at least 122 days during the period Au­ puted pursuant to § 1040.62 shall be (ii) If the operator of the partiallygust 1 through December 31, inclusive, adjusted by deducting therefrom 25 per­ regulated distributing plant so requests, of any year shall have a base computed cent of the difference between the uni­ and provides with his report pursuant by the market administrator to be ap­ form price and the excess milk price, to § 1040.30 similar reports with respect plicable, subject to § 1040.72, for the 12- rounded to the nearest cent. to the operations of any other nonpool month period beginning the following plant which serves as a supply plant for February 1, equal to his daily average § 1040.64 Excess milk price. such partially regulated distributing milk deliveries from the date on which For each month, the excess price shall plant by shipments to such plant during milk was first delivered in the period to be the price of Class II milk, determined the month equivalent to the require­ the end of such August 1-December 31 pursuant to § 1040.52, rounded to the ments of § 1040.16(b), with agreement period: Provided, That a producer who nearest cent. of the operator of such plant that the had a base on December 1 and whose market administrator may examine the average of daily deliveries for the Au­ § 1040.65 Computation of uniform books and records of such plant for pur­ price for base milk. gust 1-December 31 period is less than poses of verification of such reports, such base shall have a base computed (a) Multiply the total pounds of excess there will be added the amount of the by subtracting from his previous base milk for the month by the excess milk obligation computed at such nonpool any amount by which 90 percent of his price; supply plant in the same manner and previous base exceeds such average oi subject to the same conditions as for (b) Multiply the total amount of milk daily deliveries; . . to be paid for at the uniform price pur­ the partially regulated distributing plant. (b) A producer with an established suant to § 1040.70 (d) and (e) (2) by the (2) From this obligation there will be base who does not forfeit his base pur­ uniform price for the month; deducted the sum of (i) the gross pay­ suant to § 1040.71(c) but who fails w (c) Multiply the total amount of milk ments made by such handler for milk re­ deliver milk on at least 122 days of t to be paid for at the adjusted uniform ceived during the month from dairy August 1 through December 31 perioa price pursuant to § 1040.70(c) by the farmers at such plant and like payments shall have his base for the 12 months adjusted uniform price for the month; made by the operator of a supply plant (s) beginning the following February 1 com­ (d) Subtract the total values arrived included in the computations pursuant puted by dividing the total pou at in paragraphs (a), (b), and (c) of to subparagraph (1) of this paragraph shipped during the period by for an amount of milk equivalent to that (c) Except as provided in paragraphs this section and § 1040.84(b) (2) from received from such supply plant, and (ii) the total 3.5 percent value of all producer any payment to the producer-settlement (d) and (e) of this section a Producer milk arrived at in § 1040.61; fund of another order under which such who has no base shall be paid u (e) Divide the resultant value by the plant is also a partially regulated distrib­ February 1 following the total hundredweight of base milk; and' uting plant. cember period within which he e Friday, June 18, 1965 FEDERAL REGISTER 7927 lishes a base pursuant to paragraph (a) with the first day of the month in which the records of the cooperative associa­ of this section at not less than the ad— such notification is received by the mar­ tion pertaining thereto. Exceptions, if justed uniform price computed pursuant ket administrator until the next Febru­ any, to the accuracy of such certification ary 1. by a producer claimed to be a member, or to § 1040.63; by a handler shall be made by written (d) Whenever total receipts of pro­ P ayments for M ilk ducer run* by all handlers during the notice to the market administrator, and month are less than 112.5 percent of the § 1040.80 Time and method of payment shall be subject to his determination; total Class I utilization of all milk by to producers. (3) The foregoing payment and the handlers during such month, all pro­ (a) Except as provided by paragraph submission of information pursuant to ducers and cooperative associations shall (b) of this section, on or befor i the 15th subparagraph (1) of this paragraph, be paid not less than the uniform price day of each month, each handler (ex­ shall be made with respect to milk of for all milk delivered; and cept a cooperative association) shall pay each producer whom the cooperative as­ (e) When a plant first becomes a pool each producer for milk received from sociation certifies is a member, which is plant any producer (except a producer Mm during the preceding month, not less received on and after the first day of the as defined in the Muskegon order in the than an amount of money computed by month next following receipt of such cer­ month prior to the effective date of this multiplying the total pounds of such tification through the last day of the paragraph) delivering to such plant milk by the applicable uniform prices month next prèceding receipt of notice computed pursuant tc §§ 1040.62,1040.63, from the cooperative association of a (1) Establish a base on deliveries of 1040.64, or 1040.65 adjusted by the loca­ termination of membership or until the milk to such plant for the preceding tion and butterfat differentials pursuant original request is rescinded in writing August-December period certified by to §§ 1040.81 and 1040.82 less the pay­ by the association. submission of delivery receipts or other ment made pursuant to paragraph (d) (c) On or before the 13th day after the evidence satisfactory to the market ad­ of this section and any proper deduc­ end of each month, each handler shall ministrator, except the base of a pro­ tions authorized by the producer. If by pay a cooperative association, which is a ducer applicable pursuant to the Muske­ such date such handler has not received handler with respect to milk received by gon order in the month immediately pre­ full payment for such month pursuant him from a pool plant operated by such ceding the effective date of this para­ to § 1040.85 he may reduce such pay­ cooperative association, or by bulk tank graph shall be his base pursuant to this ments uniformly per hundredweight for delivery pursuant to § 1040.7(c), not less section through January 31, 1966; or all producers, by an amount not in ex­ than an amount computed by multiply­ (2) Elect payment at not less than cess of the per hundredweight reduction ing the uniform price for base milk sub­ the uniform price computed pursuant to in payment from the market adminis­ ject to the location adjustment, if any, § 1040.62 until the second February 1, trator; however, the handler shall make applicable at the transferee plant as after such plant first became a pool such balance of payment to those pro­ provided by § 1040.81 and the butterfat plant. Such election must be made on ducers to whom it is due on or before the differential provided by § 1040.82, by the or before the end of the first month for date for making payments pursuant to total hundredweight of milk received by which it is effective. this paragraph next following that on such handler from the cooperative asso­ which such balance of payment is re­ ciation. § 1040.71 Application o f bases. ceived from the market administrator; (d) On or before the last day of each (a) A base shall apply to deliveries of (b) Upon receipt of a written request month for producer milk received during milk by the producer for whose account from a cooperative association which the the first 15 days of the month at not less milk was delivered during the base Secretary determines is authorized by its than the Class II milk price for the pre­ period, and upon death may be trans­ members to collect payment for their ceding month. ferred to a member or members of the milk and receipt of a written promise to deceased producer’s immediate family; § 1040.81 Location differentials to pro­ reimburse the handler the amount of any ducers and on nonpool milk. (b) Bases may be transferred under actual loss incurred by him because of the following conditions upon written any improper claim on the part of the (a) Subject to the conditions of para­ notice by the holder of the base to the association, each handler shall pay to the graph (b) of this section, in making pay­ market administrator on or before the cooperative association on or before the ments to producers or cooperative asso­ last day of the month that such base is second day prior to the end of the ciations pursuant to § 1040.80 each to be transferred ; month an amount equal to the payments handler: (1) Upon retirement or entry into authorized pursuant to paragraph (d) (1) May deduct for base milk and milk military service of a producer, the entire of this section, and on or before the 13th to be paid for at the uniform price or base may be transferred to a member or day of each month, in lieu of payments adjusted uniform price the rate per members of his immediate family; pursuant to paragraph (a) of this sec­ hundredweight applicable pursuant to (2) Bases may be held jointly and if tion, an amount equal to the gross sum § 1040.54(a) (1) or (2) for the location such joint holding is terminated the base due for all such milk received from cer­ of the plant at which the milk was first way be divided among the joint holders tified members, less amounts owing by physically received; as specified in writing to the market each member-producer to the handler (2) Shall add not less than 4 cents per administrator; and for supplies purchased from him on prior hundredweight with respect to milk re­ (3) Two or more producers with bases written order or as evidenced by a de­ ceived from producers and cooperative may combine those bases upon the for­ livery ticket signed by the producer. associations pursuant to § 1040.7(c) at mation of a bona fide partnership; and (1) Each handler shall submit to the a pool plant located within the townships (c) A producer who does not deliver cooperative association written informa­ of Royal Oak and Southfield in Oak­ piilk to any handler for 45 consecutive tion on or before the sixth working day land County and in those portions of days shall forfeit his base except that of each month which shows for each such Wayne County other than the townships the following producers may retain their member-producer: of Northville, Plymouth, Canton, Van bases without loss for 12 months: (1) The total pounds of milk received Buren, Sumpter, Livona, Nankin, Romu­ (1) A producer who suffers the com­ from him during the preceding month; lus, Huron, Taylor, Brownstown, Mon- plete loss of his barn as a result of fire guagon, and Grosse Isle, all in the State or windstorm; or ^ (ii) The total pounds of butterfat con­ tained in such milk; of Michigan. (2) a producer for whom loss of 50 (iii) The number of days on which (b) When milk of an individual pro­ P®rce^ or more of the milk herd from ducer is physically received at more than ucellosis or bovine tuberculosis, is milk was received; and (iv) The amounts withheld by the one location (including any nonpool p °wn J>y evidence issued under State or plant) during the month, the location Federal authority. handler in payment for supplies sold. differential rate shall be thè weighted (2) A copy of each such request, prom­ § 1040.72 Relinquishing a base. average (rounded to the nearest one-half ise to reimburse and certified list of cent) of the amounts computed for the mìri-^r0C^ucer notifying the market ad- members shall be filed simultaneously respective locations, except that if 65 tnhvu1a^or kkdt he relinquishes his es- with the market administrator by the as­ percent or more of such producer’s milk thplsile<* base shall be paid pursuant to sociation and shall be subject to verifica­ is delivered to a plant or plants at which e pr°yisions of § 1040.70(c) beginning tion at his discretion, through audit of the same rate is applicable, such rate No. 117------9 7928 PROPOSED RULE MAKING shall be applicable to all deliveries of as soon as the necessary funds become before the next date for making payment such producer during the month regard­ available. set forth in the provisions under which less of point of delivery. § 1040.86 Expense of administration. such error occurred, following the fifth (c) For purposes of computation pur­ day after such notice. suant to § 1040.84 and § 1040.85, the uni­ As his pro rata share of the expense form price shall be adjusted at the rates of administration of the order, each han­ § 1040.89 Overdue accounts. set forth in § 1040.54 applicable at the dler shall pay to the market administra­ Any unpaid obligation of a handler or location of the nonpool plant from which tor on or before the 13th day after the of the market administrator pursuant to the other source milk was received. end of the month 2 cents per hundred­ §§ 1040.84, 1040.85, 1040.86, 1040.87, and weight, or such lesser amount as the Sec­ § 1040.82 Producer butterfat differen­ 1040.88 shall be increased one-half of 1 tial. retary may prescribe, with respect to: percent on the first day of the month (a) Producer milk (including milk of next following the due date of such obli­ In making payments pursuant to such handler’s own production) ; gation and on the first day of each month § 1040.80, the base price and excess price (b) Other source milk allocated to thereafter until such obligation is paid. or the uniform prices shall be increased Class I pursuant to § 1040.46(a) (3) and or decreased for each one-tenth of 1 (7) and the corresponding steps of Application op P rovisions percent of butterfat content that the § 1040.46(b) ; and § 1040.90 Handler exemption. milk received from each producer or a (c) Class I milk disposed of in the mar­ cooperative association is above or be­ A handler who operates a plant, other keting area from partially regulated dis­ than a plant described in § 1040.16(b), low 3.5 percent, as the case may be, by tributing plants that exceeds the hun­ located outside the marketing area from the butterfat differential computed un­ dredweight of Class I milk received dur­ which fluid milk products are disposed der § 1040.53 rounded to the nearest one- ing the month at such plant from pool half cent. of within the marketing area on a plants and other order plants. route (s) but from which the disposition § 1040.83 Producer-equalization fund. § 1040.87 Marketing services, of fluid milk products on all routes oper­ ated wholly or partly within the market­ The market administrator shall estab­ (a) Except as set forth in paragraph ing area averages less than 600 pounds lish and maintain a separate fund, (b) of this section, each handler, in mak­ per day for the month, and from which known as the “producer-equalization ing payments pursuant to § 1040.80(a) no milk is transferred to other handlers, fund” into which he shall deposit all for milk received from each producer (in­ shall be exempt for such month from all payments received pursuant to §§ 1040.66 cluding milk of such handler’s own pro­ provisions of this part except §§ 1040.31, and 1040.84 and out of which he shall duction) at a plant not operated by a 1040.32, and 1040.33. make all payments pursuant to § 1040.85. cooperative association of which such producer is a member, shall deduct 5 § 1040.91 Handlers su b je c t to other § 1040.84 Payments to the producer- Federal orders. equalization fund. cents per hundredweight, or such amount not exceeding 5 cents per hundredweight A handler who operates a plant at On or before the 13th day after the as the Secretary may prescribe, and, on which during the month milk is fully end of the month each handler shall pay or before the 13th day after the end of subject to the classification, pricing, and to the market administrator the amount, each month, shall pay such deductions payment provisions of another market­ if any, by which the total amounts speci­ to the market administrator. Such ing agreement or order issued pursuant fied in paragraph (a) of this section ex­ moneys shall be used by the market ad­ to the act and the disposition of fluid ceed the amounts specified in paragraph ministrator to verify weights, samples, milk products in the other Federal mar­ (b) of this section; and tests of milk received from producers keting area exceeds that in the South­ (a) The sum of: and to provide producers with market in­ ern Michigan marketing area shall be (1) The net pool obligation computed formation, such services to be performed exempt for such month from all provi­ pursuant to § 1040.60 for such handler; by the market administrator or by an sions of this part except §§ 1040.31, 1040.- and agent engaged by and responsible to him; 32, and 1040.33. (2) In the case of a cooperative asso­ (b) In the case of producers whose ciation which is a handler, the value, at milk is received at a plant not operated § 1040.92 Producer-handler exemption. the uniform price for base milk, of milk by a cooperative association of which A producer-handler shall be exempt delivered to other handlers pursuant to such producers are members, for which from all provisions of this part except § 1040.44(b). payment is not made pursuant to §§ 1040.31,1040.32, and 1040.33. (b) The sum of: § 1040.80 (b) or (c), and for whom a § 1040.93 Special reporting dates. (1) The value of such handler’s pro­ cooperative association is actually per­ ducer milk as specified in § 1040.80, ex­ forming the services described in para­ When a holiday prevents normal busi­ cluding any applicable location differ­ graph (a) of this section, as determined ness activities on any day except Sun­ ential pursuant to § 1040.81(a) (2 ); and by the Secretary, each handler shall day during the first 15 days of the month, (2) The value at the uniform price(s) make, in lieu of the deductions specified those of the dates specified in §§ 1040.27 applicable at the location of the plant(s) in paragraph (a) of this section, such (k)f2), 1040.30, 1040.31(b), 1040.66, from which received (not to be less than deductions from payments required pur­ 1040.80, 1040.84, 1040.85, 1040.86, and the value at the Class II price) with re­ suant to § 1040.80 as may be authorized 1040.87 which follows such holiday shall spect to other source milk for which a by such producers, and pay such deduc­ be postponed by the number of days lost value is computed pursuant to § 1040.60 tions on or before the 13th day after the as a result of such holiday. (e). end of the month to the cooperative as­ E ffective T im e, Suspension or § 1040.85 Payments from the producer- sociation rendering such services of T ermination equalization fund. which such producers are members. J40.100 Termination of obligations, On or before the 14th day after the § 1040.88 Adjustment of accounts. a) The obligation of any handler to end of each month the market adminis­ Whenever audit by the market admin­ money required to be paid under tn trator shall pay to each handler the istrator of any handler’s reports, books, ns of this part shall, except as pr - amount, if any, by which the amount records, or accounts discloses adjust­ ;d in paragraphs (b) and (e) of t computed pursuant to § 1040.84(b) ex­ ments to be made, for any reason, which ;ion, terminate 2 years after the ceeds the amount computed pursuant to result in moneys due: of the month during which the mar- § 1040.84(a). The market administrator (a) To the market administrator from shall offset any payment due any han­ administrator receives the handler such handler; ort of utilization of the milk mvo v dler against payments due from such (b) To such handler from the market handler. If the balance in the producer- uch obligation, unless within sue administrator; or r period the market admi^rato equalization fund is insufficient to make (c) To any producer or cooperative as­ all payments to all handlers pursuant to sociation from such handler, the market ifies the handler in writing that this paragraph, the market administra­ administrator shall promptly notify such ley is due and payable. Servl_ tor shall reduce uniformly such pay­ handler of any such amount due, and ti notice shall be complete uP°n ments and shall complete such payments payment thereof shall be made on or Friday, June 18, 1965 FEDERAL REGISTER 7929 and it shall contain, but need not be § 1040.104 Liquidation. General Counsel, Attention: Rules Dock­ limited to the following information: Under the suspension or termination et, 800 Independence Avenue SW., Wash­ (1) The amount of the obligation; of the provisions of this part, except this ington, D.C., 20553. An informal docket (2) The month(s) during which the also will be available for examination at section, the market administrator, or the office of the Regional Air Traffic milk with respect to which the obliga­ such other liquidating agent as the Sec­ tion exists, was received or handled; and Division Chief. retary may designate, shall, if so directed In accordance with the application of (3) If the obligation is payable to one by the Secretary, liquidate the business or more producers or to a cooperative CAR Amendment 60-21/60-29, the Fed­ of the market administrator’s office, dis­ eral Aviation Agency proposes to raise association, the name of such producers pose of all property in his possession or or association, or if the obligation is pay­ the floors of the following airway seg­ control, including accounts receivable, ments from 700 feet to 1,200 feet above able to the market administrator, the ac­ and execute and deliver all assignments count for which it is to be paid ; the surface as hereinafter set forth. or other instruments necessary or appro­ 1. V-14 from Neosho, Mo., to Findlay, (b) If a handler fails or refuses, with priate to effectuate any such disposition. respect to any obligation under this part, Ohio. If a liquidating agent is so designated, 2. V-8 8 from Springfield, Mo., to the to make available to the market admin­ all assets, books, and records of the mar­ istrator or his representatives all books intersection of the Richwood, Mo., 086° ket administrator shall be transferred T (078° M) and the St. Louis, Mo., 170° or records required by this order to be promptly to such liquidating agent. If, made available, the market administra­ T (180° M) radials. upon such liquidation, the funds on hand 3. V-191 from Farmington, Mo., to tor may, within the 2-year period pro­ exceed the amounts required to pay out­ vided for in paragraph (a) of this sec­ Rhinelander, Wis. standing obligations of the office of the 4. V-210 from Kansas City, Mo., to the tion, notify the handler in writing of market administrator and to pay neces­ such failure or refusal. If the market intersection of the Indianapolis 069° T sary expenses of liquidation and distribu­ (068° M) and the Fort Wayne, Ind., 187° administrator so notifies a handler, the tion, such excess shall be distributed to said 2-year period with respect to such T (187° M) radials. contributing handlers and producers, in 5. V-426 for the entire airway. obligation shall not begin to run until an equitable manner. the first day of the month following the 6. V-804 from the intersection of the month during which such books and M iscellaneous P rovisions Rosewood, Ohio, 261° T (262° M) and the Indianapolis, Ind., 069° T (068° M) records pertaining to such obligation are § 1040.110 Agents. made available to the market adminis­ radials, to Kansas City, Mo. trator or his representatives; The Secretary may, by designation^in 7. V-859 from the intersection of the (c) Notwithstanding the provisions of writing, name any officer or employee of Joliet, 111., 067° T (065° M) and the paragraphs (a) and (b) of this section, the United States to act as his agent or Roberts, 111., 008° T (005° M) to Neosho, a handler’s obligation under this part to representative in connection with any Mo. pay money shall not be terminated with of the provisions of this part. These amendments are proposed under respect to any transaction involving § 1040.111 Separability of provisions. the authority of sec. 307(a) of the Fed­ fraud or willful concealment of a fact, eral Aviation Act of 1958 (49 U.S.C. If any provision of this part, or its 1348). material to the obligation, on the part application to any person or circum­ of the handler against whom the obli­ stances, is held invalid the application of Issued in Washington, D.C., on June gation is sought to be imposed; and such provisions, and of the remaining 11,1965. (d) Any obligation on the part of the provisions of this part, to other persons D aniel E. B arrow, market administrator to pay a handler or circumstances shall not be affected Chief, Airspace Regulations any money which such handler claims to apd Procedures Division. be due him under the terms of this part thereby. [F.R. Doc. 65-6442; Filed, June 17, 1965; [F.R. Doc. 65-6412; Filed, June 17, 1965; shall terminate 2 years after the end of 8:47 a.m .[ the month during which the milk in­ 8:50 a.m.] .. volved in the claim was received if an underpayment is claimed, or 2 years after the end of the month during which the FEDERAL COMMUNICATIONS payment (including deduction or setoff FEDERAL AVIATION AGENCY by the market administrator) was made [ 14 CFR Part 71 1 COMMISSION by the handler if a refund on such pay­ ment is claimed, unless such handler, [Airspace Docket No. 65-CE-35] [ 47 CFR Part 73 1 within the applicable period of timp, VOR Federal Airways [Docket No. 16006] files, pursuant to section 8c(15) (A) of the Act, a petition claiming such money. Proposed Alteration TABLE OF ASSIGNMENTS, FM BROADCAST STATIONS § 1040.101 Effective time. The Federal Aviation Agency is con­ sidering amendments to Part 71 of the The provisions of this part, or of any Notice of Extension of Time To File Federal Aviation Regulations that would Reply Comments amendment hereto, shall become effec­ alter, in part, VOR Federal airways Nos. tive at such time as the Secretary may 14, 88, 191, 210, 426, 804, and 859. In the matter of amendment of § 73.- declare and shall continue in force until Interested persons may participate in 202, Table of Assignments, FM Broad­ suspended or terminated. the proposed rule making by submitting cast Stations (New Albany, Ohio, Deca­ § 1040.102 Suspension or termination. such written data, views, or arguments tur, Ind., Elizabethton, Tenn., Ocean as they may desire. Communications City, N.J., Oakland (Western) Md., Fair­ The Secretary shall, whenever he finds should identify the airspace docket num­ mont and Keyser, W. Va., Aiken, S.C., that this part, or any provision thereof, ber and be submitted in triplicate to the and Louisville, Ga., Copperhill, Clinton, obstructs or does not tend to effectuate Director, Central Region, Attention: Dayton, and Oak Ridge, Tenn., Winter the declared policy of the Act, terminate Chief, Air Traffic Division, Federal Avia­ Park and Leesburg, Fla., Crossville and or suspend the operation of this part or tion Agency, 4825 Troost Avenue, Kansas Athens, Tenn., and Tucson, Ariz.), any such provision thereof. City, Mo., 64110. All communications Docket No. 16006, RM-694, RM-739, RM- § 1040.103 Continuing obligations. received within 45 days after publication 740, RM-743, RM-731, RM-750, RM-736, If. upon the suspension or termination of this notice in the F ederal R egister RM-675, RM-745, RM-693, RM-751. will be considered before action is taken 1. On May 7,1965, the Commission is­ of any or all provisions of this part, there on the proposed amendments. The pro­ sued a notice of proposed rule making are any obligations thereunder the final posals contained in this notice may be (FCC 65-386) in the above-entitled mat­ accrual or ascertainment of which re- changed in the light of comments ter inviting comments on a number of quires further acts by any person (in- received. proposed changes in the FM Table of As­ firt-h market administrator), such An official docket will be available for signments. The time for filing com­ . acts shall be performed notwith­ examination by interested persons at the ments in the proceeding was specified as anding such suspension or termination. Federal Aviation Agency, Office of the June 7, 1965, and for filing reply com- 7930 PROPOSED RULE MAKING

ments June 18, 1965. On June 10, 1965, notice of filing of agreements and modi­ (b) Modification of an approved Oakland Radio Station Corp., petitioner fications under section 15, and applica­ agreement, other than as designated In in RM-731, filed a request for an exten­ tions under section 14(b), and the time (a) hereof, must be filed not less than sion of time in which to file reply com­ allowed for the filing of comments, pro­ sixty (60) days prior to the date it is ments from June 18, 1965, to July 18, tests, or requests for hearing by inter­ intended that action will begin, change 1965. ested persons in regard thereto. Title or cease as a result of the provision (s) 2. Petitioner States that in its request 46, CFR, would be amended by adding a of the modification. in RM-731 it proposed the assignment of new Part 521 as follows : (c) Notice of cancellation of an ap­ Channel 243 to Oakland, Md., and that PART 521— TIME FOR FILING AND proved agreement must be filed not less two other parties have offered counter­ than sixty (60) days prior to the effec­ proposals which would assign this chan­ COMMENTING ON CERTAIN tive date of cancellation unless otherwise nel to other communities by making AGREEMENTS provided for in the agreement. additional changes in the Table. Peti­ tioner submits that it will need the addi­ Subpart A— Agreement Provisions § 521.3 Failure to file. tional time to study these counterpro­ § 521.1 Statement o f policy. Failure to file, at least sixty (60) days posals with a view to seeking a solution Some approved agreements on file with in advance of the termination date, an which would obviate the conflicts. the Commission contain a provision application for the extension of an ap­ 3. We are of the view that the re­ specifying the date for their termination. proved agreement due to terminate by quested extension is warranted in this In some instances amendments have its own terms, will result in the approved case. Accordingly, notice is hereby given been filed with the Commission extend­ agreement terminating prior to Commis­ that the time for filing reply comments ing the termination date of such agree­ sion action on the filed amendment, un­ in this proceeding, insofar as RM-731 less satisfactory justification for waiver only is concerned, is extended to July 16, ments only a short time before the agree­ of this provision is submitted. 1965. ment was due to expire. It is the 4. This action is taken pursuant to the responsibility of the Commission to dis­ Subpart B— Notice to Interested approve, cancel or modify, by order, Persons authority contained in sections 4(i), 5 after notice and hearing, any agreement, (d)(1) and 303 (r) of the Communica­ or any modification or cancellation § 521.10 Notice of filing of agreements tions Act of 1934, as amended, and thereof, whether or not previously ap­ and modifications under Section 15 § 0.281(d) (8) of the Commission’s rules proved by it, that it finds to be unjustly of the Act, and applications under and regulations. discriminatory or unfair as between Section 1 4 (b ) o f the Act. Adopted: June 14, 1965. carriers, shippers, exporters, importers, (a) Notice to interested persons: No­ Released: June 15, 1965. or ports, or between exporters from the tice to interested persons of the filing of United States and their foreign com­ such agreements, modifications, and ap­ F ederal Communications petitors, or to operate to the detriment plications shall be given by publication Com m ission, of the commerce of the United States, in the F ederal R egister of the appli­ [seal] B en F. W aple, or to be contrary to the public interest, cant’s name and address, appropriate Secretary. or to be in violation of the Shipping Act, identification by Federal Maritime Com­ [F.R. Doc. 65-6424; Filed, June 17, 1965; 1916, and to approve all other agree­ mission number, and a statement setting 8:47 a.m .] ments, modifications, or cancellations. forth in general terms the provisions of In order to discharge these responsibili­ the agreements, modifications, and appli­ ties, sufficient time must be allowed for cations, together with a statement estab­ the Commission to comprehensively lishing a time limit within which com­ FEDERAL MARITIME COMMISSION analyze and consider every agreement, ments, protests, and request for hearing [46 CFR Part 5211 modification, and cancellation to deter­ must be filed by interested persons. mine whether or not they are lawful in (b) Failure seasonably to file com­ [Docket No. 65-21] the light of the above defined standards. ments, protests, or requests for hearing will be construed as a waiver of opposi­ TIME FOR FILING AND COMMENTING § 521.2 Time within which modifica­ tion to approval of such agreements, ON CERTAIN AGREEMENTS tions and notices of cancellations must be filed. modifications, and applications. Notice of Proposed Rule Making In effectuation of the policy set forth Interested parties may participate in Notice is hereby given pursuant to sec­ in § 521.1, all modifications and/or no­ this proposed rule making proceeding by tion 4 of the Administrative Procedure tices of cancellations of approved agree­ submitting an original and 15 copies of Act (5 U.S.C. 1003) and sections 15 and ments between carriers, or between car­ written statements, data, views, or argu­ 43 of the Shipping Act, 1916 (46 U.S.C. riers and other persons subject to the ments pertaining thereto and any request 814, 841 (a)), that the Federal Maritime Act, or between other persons subject to for oral argument to the Secretary, Fed­ Commission is considering the promulga­ the Act, must be filed within the follow­ eral Maritime Commission, not later than ing specified times: 30 days from the date of publication of tion of certain rules and regulations spe­ this notice, in the F ederal R egister. cifying (1) the time within which ap­ (a) Application for extension of an approved agreement due to terminate By the Commission. plications for extension of approved by its own terms, must be filed so that agreements due to terminate by their the Commission will receive the appli­ [seal] T homas Lisi, own terms, and modifications and can­ cation not less than sixty (60) days prior Secretary. cellations of other approved agreements, to the date on which the approved agree­ [F.R. Doc. 65-6438; Filed, June 17, 1965; must be filed, and (2) the publication of ment would otherwise terminate. 8:49 a.m.] Notices

The area described contains 874.26 acres. mission, Washington, D.C., 20545, Atten­ d epa rtm en t o f t h e in t e r io r M ichael T . S olan, tion: Director, Division of Reactor Licensing. Bureau of Land Management Manager. [F.R. Doc. 65-6417; Filed, June 17, 1965; Dated at Bethesda, Md., this 11th day NEW MEXICO 8:47 a.m.j of June 1965. Notice of Proposed Withdrawal and For the Atomic Energy Commission. Reservation of Lands S aul L evine, ATOMIC ENERGY COMMISSION Chief, Test and Power Reactor The Forest Service, U.S. Department Safety Branch, Division of of Agriculture, has filed an application, [D ocket No. 50-1] Serial Number New Mexico 0557261, for Reactor Licensing. the withdrawal of lands described below, IIT RESEARCH INSTITUTE [License No. R-3, as amended, Amdt. 7] from all forms of appropriation includ­ Notice of Issuance of Facility License License No. R-3, as amended, issued to IIT ing the general mining but not the min­ Amendment Research Institute, is hereby further eral leasing laws. The applicant desires amended in the following respect: Paragraph the land for recreation purposes. Please take notice that the Atomic 2.b(2) is changed to read as follows: For a period of 30 days from the date Energy Commission has issued, effective “2.b.(2) 10 grams of contained uranium of publication of this notice, all persons as of the date of issuance, Amendment 235 in neutron measuring instruments in­ who wish to submit comments, sugges­ No. 7, set forth below, to Facility License corporated in the facility; and” tions, or objections in connection with No. R-3, as amended. The License au­ This amendment is effective as of the date the proposed withdrawal may present thorizes IIT Research Institute to op­ of issuance. their views in writing to the undersigned erate its homogeneous solution type nu­ Date of issuance: June 11,1965. officer of the Bureau of Land Manage­ clear reactor located in Chicago, HI. ment, Department of the Interior, State The amendment authorizes an increase For the Atomic Energy Commission. Director, Post Office Box 1449, Santa Fe, to 10 grams from 3.5 grams in the S au l Le v in e , N. Mex., 87501. amount of contained uranium 235 which Chief, Test and Power Reactor Safety The authorized officer of the Bureau of may be contained in neutron measuring Branch, Division of Reactor Land Management will undertake such instruments incorporated in the facility, Licensing. investigations as are necessary to deter­ as described in the application for li­ [F.R. Doc. 65-6434; Filed, June 17, 1965; mine the existing and potential demand cense amendment dated May 14,1965. 8:48 a.m .] for the lands and their resources. He The Commission has found that: will also undertake negotiations with the (1) The application for amendment applicant agency with the view of ad­ complies with the requirements of the justing the application to reduce the area Atomic Energy Act of 1954, as amended, CIVIL AERONAUTICS BOARD to the minimum essential to meet the and the Commission’s regulations set [Docket 16009] applicant’s needs, to provide for the forth in Title 10, Chapter I, CFR; maximum concurrent utilization of the (2) , The issuance of the amendment S. A. EMPRESA DE VIACAO AEREA lands for purposes other than the ap­ will not be inimical to the common de­ RIO GRANDENSE (VARIG) plicant’s, to eliminate lands needed for fense and security or to the health and Notice of Hearing purposes more essential than the appli­ safety of the public; cant’s, and to reach agreement on the (3) Prior public notice of proposed is­ Notice is hereby given, pursuant to the concurrent management of the lands and suance of this amendment is not re­ provisions of the Federal Aviation Act of their resources. quired since the amendment does not in­ 1958, as amended, that a hearing in the He will also prepare a report for con­ volve significant hazards considerations above-entitled proceeding is assigned to sideration by the Secretary of the In­ different from those previously evaluated. be held on July 13, 1965, at 10 a.m., terior who will determine whether or not Within fifteen (15) days from the date e.d.s.t., in Room 1027, Universal Build­ the lands will be withdrawn as requested of publication of this notice in the F ed­ ing, Connecticut and Florida Avenues by the Forest Service. eral R egister, the licensee may file a re­ NW., Washington, D.C., before the The determination of the Secretary on quest for a hearing and any person whose undersigned Examiner. the application will be published in the interest may be affected by this proceed­ Dated at Washington, D.C., June' 14, Federal R egister, a separate notice will ing may file a petition for leave to inter- be sent to each interested party of record. 'vene. Requests for a hearing and peti­ 1965. If circumstances warrant it, a public tions to intervene shall be filed in ac­ [seal] W alter W . B ryan , hearing will be held at a convenient time cordance with the provisions of the Com­ Hearing Examiner. and place, which will be announced. mission’s rules of practice (10 CFR Part [F.R. Doc. 65-6423; Filed, June 17, 1965; The lands involved in the application 2). If a request for a hearing or a peti­ 8:47 a.m .] are: tion for leave to intervene is filed within New Mexico Principal Meridian, N . M ex. the time prescribed in this notice, the Commission will issue a notice of hearing La Cueva Recreation Site Extension or an appropriate order. FEDERAL AVIATION AGENCY T. 11N..R. 4 E „ r For further details with respect to this [OE Docket No. 65-SO-5] See. 2: Lots 7, 8, E % S E % S E % S E % , Ny2 amendment, see (1) the licensee’s appli­ f wl/4. sy 2s w % s w % , w y 2w y2s w yAs e % SW%; cation for license amendment dated May CORAL TELEVISION CORP. 14, 1965, and (2) the Safety Evaluation Sec.3: L o ts7,8, E%SEV4; Order Entering Final Determination of Sec. 10: Lots 11,12; prepared by the Test and Power Reactor , '11: Lots 12,13,14,15, Ei/2Ey2NEi4NEi4, Safety Branch of the Division of Reactor Hazard to Air Navigation W^W i/2 NE y4 NE %, Nwy4Nwy4, SE14 Licensing, both of which are available for The Coral Television Corp., , public inspection at the Commission’s Fla., submitted a petition for public Sandia Crest Tramway Recreation Site Public Document Room, 1717 H Street hearing (30 F.R. 7121) pursuant to T-1 1 N., R. 4 e f NW., Washington, D.C. A copy of item § 77.37 of the Federal Aviation Regula­ | ec. 11: Lots 16,17; (2) may be obtained at the Commission’s tions, in appeal of the Determination of less HES 268 (unsurveyed); Public Document Room or upon request Hazard to Air Navigation issued in OE • W. within NF (unsurveyed). addressed to the Atomic Energy Com­ Docket No. 65-SO-5 (30 F.R. 5396), for 7931 7932 NOTICES the proposed construction of a television a.m., on July 27, 1965; and that a pre- 231 without a prior, specific request antenna structure near Key Biscayne, hearing conference shall be convened at therefor. Fla. 10 a.m., on June 30, 1965; and, it is fur­ 3. Complainant further alleges that The case file and petition have been ther ordered, That all proceedings shall section 202 of the Act has been violated fully examined. It has been determined be held in the Offices of the Commission, by the defendants in that complainant that the grounds offered In the petition Washington, D.C. has requested defendants to consider and as the basis for obtaining a public hear­ Released: June 14,1965. treat complainant as a single customer ing do not constitute adequate founda­ in the application of Tariff 231 but the tions for the grant of a hearing. There­ F ederal C ommunications defendants have failed and refused to fore, pursuant to § 77.37, Federal Avia­ C o m m is s io n , do so and such failure has subjected com­ tion Regulations, the petition for a pub­ [ s e a l ] B e n F . W a p l e , plainant to undue or unreasonable preju­ lic hearing is hereby denied and the De­ Secretary. dice or disadvantage in charges for com­ termination of Hazard to Air Navigation [F.R. Doc. 65-6426; Filed, June 17, 1965; munication services so as to constitute issued in OE Docket No. 65-SO-5 is 8 :4 7 a.m .] unjust and unreasonable discrimination final as of this date. against complainant. Issued in Washington, D.C., on June [Docket No. 14040; FCC 65-508] 4. Complainant further alleges that 10,1965. section 201 of the Act has been violated N . E . H alaby, UNITED STATES OF AMERICA by defendants in that (a) defendants’ Administrator. ET AL. failure or refusal automatically to apply [F.R. Doc. 65—6413; Filed, June 17, 1965; Tariff 231 to complainant’s use of mul­ 8:47 a.m .] Memorandum Opinion and Order As­ tiple channel services has resulted in signing Matter for Public Hearing payment of excessive, unreasonable and unlawful charges and in that (b) de­ Regarding United States of America, fendants’ failure to recognize complain­ by the Administrator of General Services, ant as a single customer for the applica­ FEDERAL COMMUNICATIONS Washington, D.C., complainant v. Amer­ tion of Tariff 231 has likewise resulted ican Telephone and Telegraph Co. et al.,1 in payment of excessive, unreasonable, COMMISSION defendants, Docket No. 14040. and unlawful charges. The Commission has before it: 5. In an appendix to the complaint, [Docket No. 15997; FCC 65M-773] (1) The above-entitled formal com­ plaint filed April 5, 1961, by the Admin­ complainant details a partial listing of LAMPASAS BROADCASTING CORP. istrator of General Services (GSA) on the damages resulting from the alleged IKCYL) violations of the Act in a total amount of behalf of the executive agencies of the approximately $84,938.50, and, because Order Continuing Hearing United States requesting damages from of the asserted impracticability of item­ the American Telephone and Telegraph In re application of Lampasas Broad­ izing all of the damages, complainant Co. (A.T. & T.) and 30 other communica­ requests the Commission to undertake casting Corp. (KCYL), Lampasas, Tex., tions carriers for alleged unlawful Docket No. 15997, File No. BP-16383; and supervise an audit to ascertain and charges for private line services fur­ fix the exact amount of damages, with for construction permit. nished to complainant since September To formalize the agreements and rul­ an unspecified amount of interest, to be 1,1956; awarded complainant. ings made on the record at a prehearing (2) Answers to the above-entitled com­ conference held on June 14, 1965, in the 6. A.T. & T. and the Bell System de­ plaint filed by A.T. & T. and the Bell fendants (hereafter referred to as A.T. above-entitled matter concerning the System companies on May 11, 1961, by future conduct of this proceeding; & T.) in their joint answer deny any vio­ the Carolina Telephone and Telegraph lation of the Act and allege affirmatively It is ordered, This 14th day of June Co. on May 11, 1961, and by the Lemhi 1965, that: that Tariff 231 is a separate and distinct Telephone Co., on May 12,1961; service offering different from that of­ Exchange of exhibits is scheduled for (3) A Motion-To Dismiss filed May 11, August 16,1965; fered in Tariffs 135 and 208; that A.T. & 1961, by A.T. & T' and the defendant Bell T. has at all times been ready and willing Exchange of rebuttal exhibits, if any, System companies requesting the Com­ is scheduled for September 24, 1965; to accept orders from departments and mission to dismiss the above-entitled agencies of the U.S. Government for Notification of witnesses is scheduled complaint; and for September 30,1965; and service under Tariff 231 when properly (4) An opposition to the Motion To tendered by those having authority to do Hearing presently scheduled for July Dismiss filed by complainant on June 1, 14, 1965, is continued to October 5, 1965. so, and has at all times been ready and 1961, and the reply to such opposition willing to treat the total of all Govern­ Released: June 15,1965. filed by A.T. & T. and the defendant Bell ment agencies as a single customer if System companies on June 12, 1961. the Government would undertake the F ederal C ommunications 2. Complainant alleges that section necessary administrative steps to order C o m m is s io n , 203(c) of the Communications Act of its services in such way; that Tariff 231 [ s e a l ] B e n F . W a p l e , 1934, as amended, has been violated by cannot be applied automatically in the Secretary. defendants in that (a) complainant absence of an order for service there­ [F.R. Doc. 65-6425; Filed, June 17, 1965; makes extensive use of both single and under; that the various agencies of the 8:47 a jn .] multiple line circuits of defendants and United States cannot be treated as a sin­ since September 1,1956, defendants have gle customer unless they order service as demanded and collected payment from a single customer; that the complaint is [Docket No. 14040; FCC 65M-770] complainant for multiple private line barred by the limitations of section 415 services and channels at the higher rates UNITED STATES OF AMERICA (c) of the Communications Act of 1934, set forth in A.T. & T. Tariff FCC Nos. 135 as amended (hereafter referred to as ET AL. (hereafter referred to as Tariff 135) and A.T. & T. Tariff FCC No. 208 (hereafter section 415(c)), since all of the specific Order Scheduling Hearing referred to as Tariff 208) for single pri­ allegations of overcharge appended to the complaint relate to matters over 1 Regarding United States of America, vate line telephone and telegraph chan­ nels and services rather than at the year old; and that the general allega­ by the Administrator of General Services, tions of unspecified damages do not meet Washington, D.C., complainant v. Amer­ lower rates set forth in the A.T. & T. ican Telephone and Telegraph Co. et al., Tariff FCC 231 (hereafter referred to as the requirements of the Commissions defendants, Docket No. 14040. \ Tariff 231) , applicable to multiple pri­ rules governing the details that shorn It is ordered, This ll'th day of June vate line services and channels; and in go into formal complaints. 1965, that Arthur A: Gladstone shall that (b) defendants have failed or re­ 7. Defendant Lemhi Telephone Co., serve as the presiding officer in the fused, in other instances, to apply Tariff specifically adopts the answer of A.T. • above-entitled proceeding; that the and The Carolina Telephone and Tele­ hearings therein shall commence at 10 1 See App. A. graph, Co., in a separate answer, rais Friday, June 18, 1965 FEDERAL REGISTER 7933 essentially the same points asserted by 415(c) bars the complaint. In support carrier statute of limitation, was inap­ A.T.&T. of this argument, A.T. & T. relies upon plicable to a Government suit for over­ 8. A.T. & T. moves to dismiss the com­ cases that have held, with respect to charges against a motor carrier. Simi­ plaint on the grounds that: (1) As a nongovernmental parties, that section larly, the U.S. Court of Appeals for the matter of law, Tariff 231 does not apply 16(3) of the Interstate Commerce Act, 10th Circuit, in Stewart v. United States, unless the customer orders service there­ 49 U.S.C. 16(3), 1958 ed., hereafter re­ 327 F. 2d 201 (10th Cir. 1964), considered under; (2) Tariff 231 is a separate and ferred to as section 16(3), defines the precisely the same question, and stated distinct service offering, not an alterna­ jurisdiction of the Interstate Commerce that “while there is certainly room for tive rate schedule, with significant differ­ Commission, U.S. Ex. Rel. Louisville doubt * * * we will adopt the reasoning ences between the offering under Tariff Cement Co. v. Interstate Commerce of DeQueen and Yale Transport, as con­ 231 and services under Tariffs 135 and Comm’n., 246 U.S. 638 (1918); Midstate sistent with traditional notions of gov­ 208; (3) there is no allegation of facts Horticultural Co. Inc. v. Pennsylvania ernmental immunity, in the absence of in the complaint showing that the de­ R.R. Co., 320 U.S. 356 (1943) and A.T. an expressed congressional intent to fendants have refused to apply Tariff 231 & T., maintains that, since section subject the Government to such limita­ when properly requested to do so; (4) 415(c) of the Communications Act of tions” and thereupon held that the same the Commission has no jurisdiction of 1934 is patterned after section 16(3), motor carrier statute of limitations could the complaint under the limitations im­ those decisions are binding upon the not be interposed as a jurisdictional bar posed by section 415; and (5) the com­ Commission in respect to this claim. In to a Government claim for overcharges. plaint seeks alleged overcharges without opposition, GSA contends that the 1- 16. All of the decisions cited in the pleading them with the specificity re­ year limitation imposed by section 415(c) foregoing paragraphs pertained to cases quired by the Commission’s rules. is not applicable where the Government arising prior to 1958 when Congress made 9. Complainant opposes the Motion To is the complainant, since statutes of limi­ significant amendments in section 16(3). Dismiss on the grounds that: (a) There tations do not run against the Govern­ Thus, in 1958 Congress amended section is no requirement in Tariff 231 that the ment unless Congress has clearly mani­ 16(3) by adding the following new para­ customer must specifically request the fested its intent that they shall apply graph : application of Tariff 231 and defendants to the Government and that Congress (1) The provisions of this paragraph (3) must therefore automatically collect has not so expressed that intent in the shall extend to and embrace all transporta­ charges named in tariffs applicable to the limitation provisions of section 415(c). tion of property or passengers for or on be­ service involved; (b) there are no real GSA relies principally upon the decision half of the United States in connection with differences between the single and mul­ in United States v. DeQueen and East­ any action brought before the Commission ern R.R. Co., 271 P. 2d 597 (8th Cir. or any court by or against carriers subject tiple channel service offerings except the to this chapter: Provided, however, T h a t rates; (c) the Government is one per­ 1959) and cases cited in that decision. with respect to such transportation of prop­ son; (d) the limitation provisions of sec­ 13. This is a question of first impres­ erty or passengers for or on behalf of the tion 415(c) do not apply to the U.S. sion with this Commission and assist­ United States, the periods of limitation Government under the traditional im­ ance and guidance in resolving the ques­ herein provided shall be extended to include munity of the Government to statutes of tion must be drawn from the legislative 3 years from the date of (A) payment of limitation; and (e) it is not practicable history of section 16(3) from which sec­ charges for the transportation involved, or for complainant to be more specific in its tion 415(c) was adapted, and from the (B) subsequent refund for overpayment of construction that has been placed upon such charges, or (C) deduction made under allegations of damages because of the section 66 of this title, whichever is later. number of channels and services and the section 16(3), and similar statutes of 72 Stat. 859, 860, 49 U.S.C. § 16(3) (c) (i), resulting billings which are involved. limitations, by the Interstate Commerce 1958 ed. 10. Upon careful review of the plead­ Commission and the courts. ings we are persuaded that, unless the 14. The Interstate Commerce Com­ Similar amendments were made in all above-entitled complaint is barred by mission has held that section 16(3), as of the other companion statutes of the time limitations imposed by section originally enacted and as it existed when limitations in the Interstate Commerce 415(c) the complaint and answers pre­ section 415 of our Act was adopted, was Act, 49 U.S.C. 394a, 908, 1006a, 1958 ed. sent issues which, in part at least, as applicable to complaints for overcharges '^Therefore, while section 16(3) and its hereafter discussed, should be investi­ filed by the United States against rail­ associated statutes have been amended gated and determined by means of a pub­ road carriers. United States v. Director since 1934 specifically to subject the gov­ lic hearing. Therefore, we shall first General, 80 ICC 143 (1923), United ernment expressly to the application of turn our attention to the contentions of States v. Southern Ry. Co., 286 ICC 203 these statutes of limitations, no such the parties with respect to the applica­ (1952). However, the rationale of these amendment has been made by Congress bility of section 415(c). rulings by the Interstate Commerce in section 415 of the Communications 11. Section 415(c), in pertinent part, Commission has not been accepted by Act. reads as follows: the courts that have been called upon to 17. Before discussing further the 1958 amendments, the problem before us can For recovery of overcharges action at law construe the same or analogous statutory snail be begun or complaint filed with the provisions. be viewed in better perspective by con­ Commission against carriers within 1 year 15. In the DeQueen Case, supra, the sidering the other Side of the statutory from the time the cause of action accrues, U.S. Court of Appeals for the Eighth Cir­ coin as it existed prior to the 1958 and not after, * * * 49 UJS.C. 415(c), 1958 amendments. Section 16(3) applied ed. ' " cuit dealt with the application of section 16(3) to a claim by the Coipmodity both to suits by shippers against carriers According to the legislative history of the Credit Corporation against a railroad for for overcharges and to suits by carriers communications Act, section 415(c) was overcharges and held that traditional against shippers for undercharges. adapted from section 16(3) of the Inter­ governmental immunity from statutes of Prior to 1958, section 16(3) of the Inter­ im <^0îûmÇrce Act, as it then existed in limitation and laches applied to claims state Commerce Act was uniformly con­ ¿4 and as it then applied to both com­ for overcharges by the Government un­ strued by the U.S. Court of Claims as p t i o n s and transportation, with less Congress clearly manifested an in­ being inapplicable to suits brought by railroad carriers against the Govern­ limH 415 shortening the period of tention to make the statutes applicable citation applicable to communications to Government suits, and, since there ment for undercharges in the Court of was no such expressed policy in section Claims. Southern Pacific Co. v. United p *c®s jfTrom 2 years to 1 year. Senate States, 62 Ct. Cl. 391 (1926); Seaboard nao^ÎiNo’ 781 ’ T3 Cong., 2d Session, 16(3), it was held by the court to be in­ 11 (n1934) ; House Report No. 850, applicable to the Government’s claim for Air Line R.R. Co. v. United States, 113 Ct. Cl. 437, 83 F. Supp. 1012 (1949) ; I9°m£ 2dSession>Page8 (1934). overcharges. Following the DeQueen Case, the U.S. District Court for the Union Pacific RR. Co. v. United States. cnmAiiiî tabulation appended to the 114 Ct. Cl. 714, 86 F. Supp. 907 (1949). occim^' ï sts the billings in dispute as Southern District of New York, in anrnS!18 ^tween September 1, 1956, United States v. Yale Transport Corp., See also: United States v. Western bein» ®vemher 27, 1959; the latter date 184 F. Supp. 42 (SD.N.Y. 1960), adopted Pacific Railroad Co., 352 U.S. 59; 1 L. g iniï101^ th&n a year prior to the April the reasoning of the DeQueen Case and Ed. 2d. 126 (1956). The Court of Claims Thm à m ^rig date of the complaint. held that section 204(a) of the Interstate consistently ruled that section 16(3) of ™ A-T- & T. argues that section Commerce Act, the companion motor the ICC Act, as it was worded prior to 7934 NOTICES

1958 did not apply to suits against the no need to try this issue in the hearing Chesapeake and Potomac Telephone Co. oi Government in the Court of Claims not­ that we are ordering in the light of the Virginia, The; Richmond, Va. withstanding that section 16(3) stated Commission’s decision In the Private Chesapeake and Potomac Telephone Co of expressly, as does section 415 of our Act, Line Rate Case that the services in Tariff West Virginia, The; Charleston, W. Va. Cincinnati and Suburban Bell Telephone Co that all actions at law by carriers for FCC 231 are like those offered in Tariffs The; CincinnatirOhio. recovery of undercharges should be FCC 135 and 208. (34 FCC 217, 319). Citizens Telephone Co.; Covington, Ky. brought within the prescribed period. 22. Finally, we shall dispose at thisD iam o n d S ta te T elephone Co., The; Phila­ Instead the Court of Claims has held time of one further point raised by the delphia, Pa. that the 6-year statute of limitations, pleadings. Complainant asks the Com­ Harrison Telephone Co., The; Harrison, Ohio applicable generally to suits filed in the mission to supervise an audit to deter­ Illinois Bell Telephone Co.; Chicago, 111. Court of Claims, should apply in all mine the amount of damages over and Indiana Bell Telephone Co., Inc.; Indianapo­ suits by carriers against the Government above those specifically pleaded in the lis, In d . Lemhi Telephone Co.; St. Paul, Minn. for undercharges. 28 U.S.C. 2501, 1958 complaint. We believe that this request Michigan Bell Telephone Co.; Detroit, Mich. ed. should be denied and that complainant M o u n ta in S ta te s T elephone an d Telegraph 18. As a consequence of the foregoing should file whatever further- or addi­ Co., The; Denver, Colo. Court decisions, Congress, as heretofore tional complaints it may wish to file New England Telephone and Telegraph Co.; stated, amended section 16(3) and its setting out, in the detail required by our B oston, M ass. companion provisions in 1958 so as to rules, such other and additional damages New Jersey Bell Telephone Co.; Newark, NJ. make them apply specifically and ex­ which it may wish to claim so that de­ New York Telephone Co.; New York, N.Y. pressly to suits by the Government fendants may have an adequate oppor­ Norfolk and Carolina Telephone and Tele­ graph Co., The; Elizabeth City, N.C. against carriers for overcharges. At tunity to answer any such further or Norfolk and Carolina Telephone and Tele­ the same time Congress balanced the additional claims and be heard thereon. graph Co. of Virginia, The; Elizabeth City, equities and changed the other side of O rder N.C. the coin so as to impose upon the car­ N o rth w estern B ell T elephone Co.; Omaha, riers the same limitations in their suits Accordingly, it is ordered, That pur­ N ebr. against the Government as would there­ suant to sections 206 through 209 of the O hio BeU T elephone Co., The; Cleveland, after apply to suits by the Government. Communications Act of 1934, a public O hio. The legislative history of the amend­ hearing shall be held at a time and place Pacific Telephone and Telegraph Co., The; hereinafter designated on the issues San Francisco, Calif. ments indicates clearly that Congress R io V irgin T elephone Co., Inc.; Mesquite, recognized that all these interrelated presented by the above-entitled Com­ Nev. statutes of limitations, as they were prior plaint and Answers thereto, except for Southern Bell Telephone and Telegraph Co.; to 1958, had to be amended if the limi­ those issues specifically excluded by the Atlanta, Ga. tations of section 16(3) were to be made following ordering paragraphs hereof; S o u th e rn New E n g la n d Telephone Co, The; applicable to the Government. The It is further ordered, That defendants’ New Haven, Conn. Senate Committee report includes the plea that section 415(c) of the Com­ Southwestern Bell Telephone Co.; St. Louis, following statement: munications Act of 1934 bars the above- Mo. W isconsin Telephone Co.; Milwaukee, Wis. In the interest of fairness to all concerned, entitled complaint is hereby denied; the Committee believes that a 2-year statute It is further ordered, That defendants’ [F.R. Doc. 65-6427; Filed, June 17, 1965; of limitations, now applicable to commercial plea that the offerings and services under 8:47 ana.] shippers, should be applied to shipments and A.T. & T. Tariff FCC 231 are significantly transportation of persons by the Govern­ different from the offerings and services ment. Likewise, it believes that carriers under A.T. & T. Tariffs FCC 135 and 208 subject to the Act should be clearly bound is hereby denied; FEDERAL MARITIME COMMISSION by the same 2-year period of limitations It is further ordered, That the request [Docket No. 65-20] rather than the 6-year period now available of complainant for the Commission to to the carriers for suits against the Govern­ WEST COAST OF ITALY, SICILIAN AND ment. Senate Report No. 334, 85th Con­ supervise an audit to determine the air- gress, S econd Session, TJ.S. Code, C ongres­ leged damages not specifically pleaded in ADRIATIC PORTS/NORTH ATLAN­ sional and Administrative News, 1958, page the complaint shall be and the same is TIC RANGE CONFERENCE 3925. hereby denied; Notice of Investigation and Hearing 19. With the foregoing precedents It is further ordered, That defendants’ and legislative history before us, it seems Motion To Dismiss is hereby denied but Regarding Agreement clear that we are constrained to adopt without prejudice to reasserting those The West Coast of Italy, Sicilian and the view that section 415(c), which has contentions therein that are not spe­ Adriatic Ports/North Atlantic Range not been amended to apply specifically cifically disposed of in the foregoing Conference (W.I.NA..C.), operates under to the Government, does not apply to the ordering paragraphs; and approved Agreement 2846-13. The Com­ complaint herein. Moreover, the U.S. It is further ordered, That a copy of mission has information indicating that Supreme Court has laid down the prin­ this order shall be served upon the the Conference has failed to admit ciples that statutes which in general complainant and all defendants herein. promptly to Conference membership terms divest preexisting rights do not Adopted: June 9,1965. Admiralty Lines, Ltd., a Liberian corpo­ apply to the sovereign unless specifically ration which is represented by Interseas named, United States v. United Mine Released: June 15,1965. Shipping Corp. in the United States, in Workers, 330 U.S. 258 (1947), and that F ederal C ommunications accordance with the provisions of Article any statute or rule that limits the right C o m m is s io n ,2 25 of said Agreement 2846-13. of the sovereign must be strictly con­ [seal] Ben F. Waple, Admiralty Lines, Ltd., operates time- strued in favor of the sovereign. Du­ Secretary. chartered vessels of Norwegian pont de Nemours and Co. v. Davis, 264 A p p e n d i x A in the Mediterranean trade, and hasfilea U.S. 456 (1924). a tariff with the Federal Maritime Com­ 20. We find and conclude, therefore, DEFENDANTS (CONCURRING CARRIERS) mission pursuant to section 18(b)(1) oi on the basis of all of the foregoing that Bell Telephone Co. of Nevada; San Francisco. the Shipping Act, 1916, naming rate section 415(c) is inapplicable to ihe C alif. and charges in this and other trades i above-entitled complaint. Bell Telephone Co. of Pennsylvania, The; which it offers and advertises service. 21. With respect to the remaining Philadelphia, Pa. Admiralty Lines, Ltd., has applied for Camden Rural Telephone Co.; Camden, Mich. grounds for dismissal set forth in the Carolina Telephone and Telegraph Co.; Tar- membership in W.I.N.A.C. a n d has n motion there is one other that should boro, N.C. been admitted thereto. Since it is a no - be disposed of at this time. A.T. & T. Chesapeake and Potomac Telephone Co., The; conference line offering direct serv takes the position that there are sig­ W ash in g to n , D.C. from Italian ports to United S ta te s Nort nificant differences between the offerings Chesapeake and Potomac Telephone Co. of Atlantic ports, it has been unable Maryland, The; Baltimore, Md. obtain profitable cargoes due to under Tariff 231 and the offerings under maintenance by the Conference of a a Tariffs 135 and 208 and complainant al­ * Commissioner Bartley absent; Commis­ rate system. This applicant appears leges that they are like service. We see sioner Loevinger abstaining from voting. have the qualifications necessary w Friday, June 18, 1965 FEDERAL REGISTER 7935 case in common carrier operations in Giacomo Costa Fu Andrea, Overseas Con­ applicant’s business so as to cease to be fhfs trade and to have met the require­ solidated Co., Ltd., General Agents, 26 an investment company and to file Broadway, New York, N.Y., 10004. the instant application. The application ments of Article 25 of the Conference Hansa Line-Deutsche Dampfschifffahrte, agreement with respect to admission to Gesellschaft “Hansa,”1 F. W. Hartmann & states that on April 8, 1965, the ap­ Conference membership. Co., Inc., General Agents, 120 Wall Street, plicant’s shareholders authorized such Whereas, section 15 -of the Shipping New York, N.Y., 10005. actions. Act 1916» provides, in effect, that no “Italia” Societa per Azionl de Navigazione The applicant states that the nature agreement shall continue to be approved (Italian Line), 1 Whitehall Street, New of its business has so changed that it is if it fails to provide reasonable and York, N.Y., 10004. no longer an investment company as equal terms Hellenic Lines, Ltd., 39 Broadway, New York, defined in section 3(a) of the Act, and and conditions for admis­ N.Y., 10006. sion to conference membership, and Moller-Maersk Line, A.P., Moller Steamship that it does not propose to engage in Whereas, the Commission’s General Co., Inc., General Agents, 67 Broad Street, activities which would constitute it an Order 9 (46 CFR 523.1) et seq., sets forth New York, N.Y., 10004. investment company within the pro­ rules to effectuate and implement the National Hellenic-American Line, Cosmo­ visions of that section. With particular foregoing provisions of section 15 of the politan Shipping Co., Inc., General Agents, reference to section 3(a) (3) of the Act, Shipping Act, 1916, and provides, in sec­ 42 Broadway, New York, N.Y., 10004. the applicant represents that the value tion 523.2(c), that: Prudential Lines, Inc., 1 Whitehall Street, of its investment securities is substan­ New York, N.Y., 10004. tially less than 40 per centum of the No carrier which has complied with the Van Nievelt Goudriaan & Co.’s Stoomvaart conditions set fo rth in p a ra g ra p h (a) o f th is Maatschappij N.V. (Constellation Line), value of the relevant assets described section shall be denied adm ission o t read m is­ Constellation Navigation Inc., General in such section. The applicant states sion to m embership. Agents, 85 Broad Street, New York, N.Y., that its investment securities consist of Now therefore, it is ordered, That, pur­ 10004. (i) 40,000 shares of the Class B common Villain and Fassid E„ Compagnia Interna- stock of Federated Investors, Inc., which suant to sections 15 and 22 of the Act, zional, Di Genova (Fassio Line), Norton, it has been ordered to divest, and which an investigation be and is hereby insti­ Lilly, and Co., Inc., General Agents, 26 it intends actively to seek to do, (ii) tuted to determine whether continued Beaver Street, New York, N.Y., 10004. 5,000 shares of the common stock of approval should be given to Agreement Jugoslavenska Linijska Plovidba (Jugolin- No. 2846-13. ija), Cross Ocean Shipping Co., Inc., Gen­ Townsend Growth Fund, Inc., which are It is further ordered, That the member eral Agents, 17 Battery Place, New York, expected to be liquidated in due course lines of Agreement 2846-13, as listed in N.Y., 10004. in connection with pending proceedings Appendix A below, are hereby made re­ Zim Israel Navigation Co., Ltd., American- with respect to that company under Israeli Shipping Co., Inc., General Agents, chapter X of the Bankruptcy Act, and spondents in this proceeding; and 42 Broadway, New York, N.Y., 10004. It is further ordered, That the matter (iii) a nominal amount of interests in be assigned for hearing before an ex­ [FJt. Doc. 65-6439; Filed, June 17, 1965; producing oil and gas leases. The bulk aminer of the Commission’s Office of 8:49 a.m .] of the applicant’s other assets consists Hearing Examiners at a date and place of cash, U.S. Treasury Bills, and se­ to be hereafter determined and an­ curities of majority or wholly owned nounced by the Chief Examiner; and subsidiary companies in the broadcast­ It is further ordered, That a copy of SECURITIES AND EXCHANGE ing, engraving-printing, and recreation this order be served upon the respond­ resort businesses. Notice is further given that any in­ ents and published in the F ed era l R eg ­ COMMISSION is t e r ; and [811-922] terested person may, not later than July It is further ordered, That persons 2,1965, at 5:30 p.m., submit to the Com­ other than respondents who desire to CHATHAM CORP. mission in writing a request for a hearing on the matter accompanied by a state­ become parties to this proceeding and to Notice of Filing of Application for Or­ participate herein shall promptly notify ment as to the nature of his interest, the the Secretary, Federal Maritime Com­ der D eclaring Company Has reason for such request and the issues mission, Washington, D.C., 20573, and Ceased To Be an Investment Com­ of fact or law proposed to be contro­ shall file with the Secretary, Federal pany verted, or he may request that he be notified if the Commission shall order a Maritime Commission, a petition for J u n e 14,1965. leave to intervene in accordance with hearing thereon. Any such communica­ Notice is hereby given that an appli­ tion should be addressed: Secretary, Rule 5(n) of the Commission’s rules of cation has been filed by Chatham Corp., Practice and procedure on or before June Securities and Exchange Commission, formerly Townsend Corp. of America Washington, D.C., 20549. A copy of such 30, 1965, with copy to each of the re­ (“applicant”) , 38 Chatham Road, Short spondents. request shall be served personally or by Hills, N.J., a Delaware corporation and mail (airmail if the person being served It is further ordered, That all future a closed-end, nondiversified manage­ notices issued by or on behalf of the is located more than 500 miles from the ment investment company registered point of mailing) upon the applicant at commission in this proceeding, including under the Investment Company Act of otice of time and place of hearing or the address stated above. Proof of such 1940 (“Act”) , seeking an order pursuant service (by affidavit or in case of an prenearing conference, shall be mailed to section 8 (f) of the Act declaring that airectly to all parties of record. attomey-at-law by certificate) shall be the applicant has ceased to be an invest­ filed contemporaneously with the re­ By order of the Commission. ment company. All interested persons quest. At any time after such date, as are referred to the application on file provided by Rule 0-5 of the rules and tSEAI'-1 T h o m a s L i s i , with the Commission for a full statement Secretary. of the representations therein which are regulations promulgated under the Act, an order disposing of the application A p p e n d i x A summarized below. Effective December 31,1964, Townsend herein may be issued by the Commission ExP°rt Isbrandtsen Lines, Inc., upon the basis of the information stated New N.Y., 10004. Management Co. (“TMC”) and Resort ni& I?esident Lines, Ltd., 601 Calii Airlines, Inc., were merged into the ap­ in said application unless an order for San Francisco 8, Calif. plicant, which became the surviving cor­ hearing upon said application shall 7 o K e * * * * * Societe Gen^rale de Tra poration under its present name. In be issued upon request or upon the Genial Iitimes’ Comm ander Shipping < proceedings entitled Securities & Ex­ Commission’s own motion. N.y iooofentS’ ^ S^a^e Street, New Y< change Commission v. Townsend Corp. of For the Commission (pursuant to Boise-Griffin Steamship i America et al. (D.N.J., Civil Action No. delegated authority). 336-61), it was ordered, among other York, N y " l0004entS’ 9° B r° a d S trC et’ * things, that the applicant divest itself of [seal] Orval L. DuBois, DComkibr^ Skabet Torm« Peralta Shipp various investment securities, and submit Secretary. NewYortt N v 1 ,A gents’ 85 B road S tr to vote of its shareholders a proposal to [F.R. Doc. 65-6414; Filed, June 17, 1965; w *ork. N.Y., 10004. authorize a change in the nature of the 8:47 a.m .] No. i n . -----1Q 7936 NOTICES

moving on class and commodity rates FSA No. 39846—Chlorine to Doe Run INTERSTATE COMMERCE oyer joint routes of applicant rail and Ky. Filed by O. W. South, Jr., agent motor carriers, between points in central (No. A4706), for interested rail carriers COMMISSION States territory, on the one hand, and Rates on liquefied chlorine, in tank car­ points in middle Atlantic and New Eng­ loads, subject to minimum shipment of FOURTH SECTION APPLICATIONS land territories, on the other. 275 tons of 2,000 pounds, from Saltville FOR RELIEF Grounds for relief—Motor-truck com­ Va., to Doe Run, Ky. J une 15, 1965. petition. Grounds for relief—Market competi- Tariff—35th revised page 222 to East­ tion. Protests to the granting of an applica­ ern Central Motor Carriers Association, tion must be prepared in accordance with Tariff—Supplement 13 to Southern Inc., agent, tariff MF-I.C.C. A-230. Freight Association, agent, tariff icr Rule 1.40 of the general rules of practice FSA No. 39842—Joint motor-rail (49 CFR 1.40) and filed within 15 days S-517. rates—Eastern Central. Filed by The FSA No. 39847—Wheat flour to points from the date of publication of this Eastern Central Motor Carriers Associ­ notice in the F ederal R egister. in southern territory. Filed by O. W. ation, Inc., agent (No. 347), for inter­ South, Jr., agent (No. A4705), for in­ Long-and-S hort H aul ested carriers. Rates on commodities terested rail carriers. Rates on wheat FSA No. 39838—Joint motor-rail moving on class and commodity rates flour, in carloads, from Decatur, Gun- rates—Eastern Central. Filed by The over joint routes of applicant rail and tersville, and Sheffield, Ala., Chatta­ Eastern Central Motor Carriers Associa­ motor carriers, between points in middle nooga, and Knoxville, Term, (applicable tion, Inc., agent (No. 343), for interested Atlantic and New England territories, on on shipments from beyond by rail), to carriers. Rates on commodities moving the one hand, and points in middlewest points in southern territory. on class and commodity rates over joint and southwestern territories, on the Grounds for relief—Ex-barge rate re­ routes of applicant rail and motor car­ other. lationship. riers, between points in central States Grounds for relief—Motor-truck com­ Tariff—Supplement 29 to Southern territory, on the one hand, and points petition. Freight Association, agent, tariff I.C.C. in middle Atlantic and New England Tariff—35th revised page 222 to East­ S-478. ern Central Motor Carriers Association, territories, on the other. By the Commission. Grounds for relief—Motor-truck com­ Inc., agent, tariff MF-I.C.C. A-230. petition. FSA No. 39843—Liquefied petroleum [seal] B ertha F. Armes, Tariff—26th revised page 47-A to gas from points in Oklahoma. Filed by Acting Secretary. Eastern Central Motor Carriers Associa­ Southwestern Freight Bureau, agent [F.R. Doc. 65-6420; Filed, June 17, 1965; tion, Inc., agent, tariff MF-I.C.C. A-230. (No. B-8741), for interested rail carriers. 8:47 a.m.] FSA No. 39839—Joint motor-rail Rates on liquefied petroleum gas (in­ rates—Eastern Central. Filed by The cluding butane or propane), in tank car­ loads, from Hocker, Laverne, and Mo- [Second Rev. S.O. 562; Pfahler’s ICO Eastern Central Motor Carriers Associa­ O rder 170, A m dt. 3] tion, Inc., agent (No. 344), for interested cane, Okla., on the M-K-T Railroad, and carriers. Rates on commodities moving Beaver, Hough, and Straight, Okla., on GEORGIA & FLORIDA RAILWAY on class and commodity rates over joint the BM&E, to points in Illinois Freight routes of applicant rail and motor car­ Association, southern, southwestern, and Diversion and Rerouting of Traffic riers, between points in middle Atlantic western trunkline territories. Upon further consideration of and New England territories, on the one Grounds for relief—Emergency rout­ Pfahler’s ICC Order No. 170 (Georgia & hand, and points in central States, mid- ing of traffic. Florida Railway) and good cause ap­ dlewest and southwestern territories, on FSA No. 39844—J oint motor-rail pearing therefor; the other. rates—Central and Southern. Filed by It is ordered, That: Grounds for relief—Motor-truck com­ The Central and Southern Motor Freight Pfahler’s ICC Order No. 170 be, and it petition. Tariff Association, Inc., agent (No. 93), is hereby, amended by substituting the Tariff—26th revised page 47-A to for interested carriers. Rates on com­ following paragraph (g) for paragraph Eastern Central Motor Carriers Associa­ modities moving on class and commodity (g) thereof: tion, Inc., agent, tariff MF-I.C.C. A-230. rates over joint routes of applicant rail FSA No. 39840—J oint motor-rail and motor carriers, from and to points (g) Expiration date: This order shall rates—Eastern Central. Filed. by The in Illinois and Missouri, on the one hand, expire at 11:59 p.m., December 31,1965, Eastern Central Motor Carriers Associ­ and points in southern territory, on the unless otherwise modified, changed, sus­ ation, Inc., agent (No. 345), for inter­ other. pended, or annulled. ested carriers. Rates on commodities Grounds for relief—Motor-truck com­ It is further ordered, That this amend­ moving on class and commodity rates petition. ment shall become effective a t 11:59 pm-. over joint routes of applicant rail and Tariff—Supplement 58 to Central and June 30, 1965, and that this order shall motor carriers, between points in middle Southern Motor Freight Tariff Associ­ be served upon the Association of Ameri­ Atlantic and New England territories, on ation, Inc., agent, tariff MF-I.C.C. 286. can Railroads, Car Service Division, as the one hand, and points in central FSA No. 39845-—Asphalt to points in agent of all railroads subscribing to the States, and middlewest territories, on the North Dakota. Filed by Western Trunk car service and per diem agreem ent un­ other. Bine Committee, agent (No. A-2409), for der the terms of that agreem ent, and Dy Grounds for relief—Motor-truck com­ interested rail carriers. Rates on as­ filing it with the Director, Office of to petition. phalt (asphaltum), natural, byproduct or Federal Register petroleum, other than paint, stain or Tariff—26th revised page 47-A to Issued at Washington, D.C., June 14» Eastern Central Motor Carriers Associa­ varnish, also road oil and wax tailings, tion, Inc., agent, tariff MF-I.C.C. A-230. in tank carloads, from Casper, Cody, Sin­ 1965- clair, and Thermopolis, Wyo., to specified I n te rsta te C ommerce FSA No. 39841—J oint motor-rail Grounds for relief—Market competi­ Commission, rates—Eastern Central. Filed by The tion. [ se a l ] R. D. P fahler, Agent. Eastern Central Motor Carriers Associa­ Tariff—Supplement 8 to Western tion, Inc., agent (No. 346), for inter­ Trunk Line Committee, agent, tariff [F.R. Doc. 65-6421; Filed, June 17, 1965, ested carriers. Rates on commodities I.C.C. A-4572. 8:47 a m .] Friday, June 18, 1965 FEDERAL REGISTER 7937

CUMULATIVE LIST OF CFR PARTS AFFECTED— JUNE

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 June.

3 CFR Pa6e 7 CFR—Continued Page 14 CFR—Continued Page Proclamations : 1421..______7475,P roposed 7811 R ules—Continued 3658------7695 1427______7814 73______7503, 7724 Executive Orders: P ro po sed Jo u l e s : 75______7761 July 10, 1912 (revoked in part 29__ 7494 by PLO 3699)__ ■______7898 51 ______7396 16 CFR May 14, 1915 (revoked in part 52 ______: ___ 7524 13______7652, by PLO 3673)______7752 911______—___ 7501 7653, 7655, 7657, 7658, 7660, 7661 Oct. 30, 1916 (revoked in part 915 ______... ______7501 1 4 „ —______7894 by PLO 3664)______7750 916 _ 7284 17 CFR Dec. 12, 1917 (revoked in part 991.,______7825 240______7276 by PLO 3699)______7898 1002______7839 249______—-i.______7566, 7568 6143 (revoked in part by PLO 1040______7903 3691)____:______7823 1042______7903 18 CFR 6276 (revoked in part by PLO 1068______7721 8______— „ 7313 3691)______— 7823 1133______7284 157______7280 6285 (revoked in part by PLO 1138—. ______„ 728819 CFR 3693)______7824 1______7569, 7704 6583 (revoked in part by PLO 8 CFR 103— ______7516 4 ______7598 3691)______„ ___ 7823 10______—^ ______7819 7655 (revoked in part by PLO 264______7312 P roposed R u les: 3661)______:______7521 9 CFR 22______7756 8278 (revoked in part by PLO 51______7596 3705)___ 7901 74— —______7274 21 CFR 10530 (superseded in part by 97—„ —:_____ 7893 8______7484, 7705 EO 11228)______7739 201______7275,20 7649 ______7280 10682 (superseded by EO P ro po sed R u l e s : 27 ______7484 11228)______7739 94______7445 120 ______7280,7385,7485, 7569 10800 (superseded in part by 101— ______7608 121 ______7280, EO 11228)______7739 103______7608 7386, 7485-7487, 7518, 7519, 7570, 10835 (superseded by EO 201______— 7662, 7721 7599, 7705-7707, 7895, 7896. 11228).______7739 141a______7707 10903 (superseded in part by 10 CFR 141d— ______7487 EO 11228)_____ 7739 P r o po sed R u l e s : 146a______7707, 7896 11227 ------7369 150______7445, 7662146c______'£______7707 11228 ------7739 146d______7487 11229 ______H 7741 12 CFR P roposed R u l es: 5 CFR 1____ 7371 20— ______7292 17_____ i______7275 121______7501 213------7271, 218______7743 7311, 7425, 7426, 7473, 7515, 7557, P r o po se d R u l e s : 22 CFR 7595, 7645, 7646, 7701, 7895. 545______— 7316 204...... 7571 630------_------7557 13 CFR 2 4 CFR 7 CFR 107______7597, 7651 203______7599 16... ------. . . 7426 305—______7894 221______7708 28... — _____ 7426 25 CFR 29. . . ------7385 14 CFR ~ -. 1 30 ______7385 37— ------7637 ------7520 34.. 41 ______7745 ------7385 3 9 „ ______7275, 42— ______7746 51. . . ------7595 7371, 7372, 7638, 7701, 7816, 7876 160.. ------7385 71------7276,7312, 26 CFR 201. ------7887 7372, 7373, 7517, 7557, 7558, 7598, 718. 1------7281, 7805 _____ . . . 7427 7639, 7702, 7703, 7744, 7816-7818, 20------7708 722. 7271,7385,7809 7877-7886. 724.. 25------— _ 7708 ------7646 73-----—______7744, 774548------7809 728. 75------7702, 7745 730 ------7434 301------7809 ____ 7272, 7811 95— ______7639 P roposed R u l e s: 750. 97------7374, 7598, 7867 775. . ' ______7311 1______7493, 7721 ------7515 121— . ------7703 845.. 28 CFR 908 ------7273 141----- 7517 7311, 7435, 7647 151------7484 0------7599, 7709, 7819 909. 16------7488 910 ------7273 221------_ - 7558 ------7435, 7647 241------7704 42 ------7386 911. . ' 43.______7819 915 ------7647 P r o po sed R u l e s : 917. " ------7436, 7893 37------7663 2 9 CFR 923. ' ------7473-7475 39------7573 5 ------7819 944. " ------7648 61------7292 1501 ------7748 958. ' ------7436, 7743 71------7316, 1502 ------7748 970 ------7596 7396, 7502, 7503,7524,7525, 7573, 1503 ______7748 1136.' ------7274 7612, 7613,7663-7666,7723,7761, P r o po se d R u l e s : ------7893 7840,7929. 1504. 7608 7938 FEDERAL REGISTER

3 2 CFR P age 43 CFR—Continued Page 43 CFR—Continued page 562------7710 Public Land Orders—Continued -, Public Land Orders—Continued 750______7748 729 (revoked by PLO 3706) ___ 7754 3703------— ...... 79()0 753------7748 993 (revoked in part by PLO 3704 -- 7900 1001______7389 3692) 7823 3705 ------790! 33 CFR 1350 (revoked by PLO 3700)_ 7899 3706------, ------7754 124------_------7314 1752 (revoked by PLO 3704)— 7900 4 5 CFR 1757 (revoked in part by PLO 38 CFR 3673)______7752 60------737! l ______7389 1898 (revoked in part by PLO 4 6 CFR 3______7390, 7489 3703)______7900 146------_____ 7437 36._____ — 7521 3530 (revoked in part by PLO 221------— 7490 3 9 CFR 3701).______7899 309------7697 3565 (correction)______7820 527------7490 15 ____ — 7390 3598 (corrected by PLO 3675) _ 7753 16 ____ 7390, 7748 P roposed R ules : 3646 (corrected by PLO 3680) _ 7821 248.------7291 22__ L— ___ 7391 3661______7521 23____ _ 290------7722 ___ 7391 3662:______7606 380------7722 24 ______7391 3663— ______7750 521------7930 25 ______7391 3664— ______7750 ~ 533—.— ——------7574 43______7392 3665 ______7750 45 ______7392 3666 ______7751 4 7 CFR 46 ______7394 3667 ______7751 0 ------7521,7755 114______7748 3668 ______7751 1 ------7419 122_____ — 7748 3669 ______7751 31------—______7711 3670 ______7751 33------7711 41 CFR 73— ------7314,7711 5B -2______7436 3671 ______7752 3672 ______7752 89______7522 8 -1 ______7437 97______7755 8 -2 _____ 3673 ______7752 7437, 7599 P roposed Rules: 8-3______7599 3674 ______7752 3675 ______7753 1—______7446 8-7______7600 17______7446 8-14______7600 3676 ______7753 3677 ______7820 73______7446, 8-15______7601 7525,7666,7671,7673,7929 8-16______7602 3678 ______7821 8-75____ 7602 3679 ______7821 48 CFR 8- 95__ ___ 7603 3680 ______7821 201______7754 9- 14__ ___ 7886 3681 ______7821 211______. ______7754 9-16—__ ___ 7887 3682 ______7821 9-17______7887 3683—. ______7821 49 CFR 9-51______7749 3684 ______7821 72 __ ■______7420 9-53______7819 3685 ______7822 73 ______g______:______7420 9-56______7749 3686—______7822 74 ____ 7423 9-58______7750 3687______— 4.— 7822 77 _ 7423 101-18__ ___ 7820 3688 ___ 7753 78 ______''______7423 101- 20—. — _ 7820 3689 ______7822 79 ______7425 101-38— ___ 7489 3690 ______7823 95______7522 3691 ______7823 131______7901 4 2 CFR 3692 ___ 7823 192— ______7491 57------7394,7395 3693 ______7824 193- ______7522 '3694______7824 4 3 CFR 5 0 CFR 18------— 7394 3695 ______7897 3_____ 7315 2230______7605 3696 ______7897 10— ______—— ____ 7571 3540—. ______7606 3697— ______7897 3 2 - ______7523 4110______7606 3698 ______7897 33______7282,7572,7824 P u b l ic L and O r d e r s : 3699 ______7898 253______7607 5 (see PLO 3677)______7820 3700 ------7899 260______-— 7282 509 (revoked in part by PLO 3701 ___ 7899 262______:______7f*J 3695)______.______7897 3702 ______7900 266______7282

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