FEDERAL REGISTER VOLUME 31 • NUMBER 161

Friday, August 19,1966 • Washington, D.C. Pages 11005-11054

Agencies in this issue-— The President Agency for International Development Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Commerce Department Commodity Credit Corporation Commodity Exchange Authority Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Power Commission Federal Trade Commission Food and Drug Administration Foreign Assets Control Office Interstate Commerce Commission Land Management Bureau Small Business Administration Special Representative for Trade Negotiations Office Tariff Commission Treasury Department Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1966]

This useful reference tool is designed keep them, And (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains over 900 digests detailing the retention periods for the many types of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

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Contents THE PRESIDENT COMMODITY EXCHANGE FEDERAL POWER COMMISSION AUTHORITY Notices EXECUTIVE ORDER Notices Hearings, etc.: Relating to implementation of New York Produce Exchange; Alabama-Tennessee Natural convention between the United designation as contract market Gas Co______f ------11043 States and Greece------11009 for soybeans------—- 11040 Anadarko Production Co., et al______l ___ - 11044 CONSUMER AND MARKETING Atlantic Richfield Co. et al____ 11044 EXECUTIVE AGENCIES Detroit Edison Co. and: Con­ SERVICE sumers Power Co_____ 1_____ 11044 AGENCY FOR INTERNATIONAL Rules and Regulations Pan American Petroleum Corp_ 11045 DEVELOPMENT Olives, canned whole ripe, grown Pan American Petroleum! Corp. in California; changes in per-, et al______j_____11045 Rules and Regulations centage tolerances ----- .— 4- 11012 Texaco Inc. et al______1_____ 11045 Miscellaneous amendments to Proposed Rule Making FEDERAL TRADE COMMISSION chapter —------— 11030 Approval of expenses and fixing of rate of assessment: Rules and Regulations AGRICULTURAL STABILIZATION Grapes, Tokay, in San Joaquin Administrative interpretations, AND CONSERVATION SERVICE County, Calif------.—----- .------11035 opinions and rulings: | Prunes, fresh, in Idaho and Impropriety of labeling foreign- Rules and Regulations Malheur County, Oreg— —__ 11035 made machine with Ameri­ Cotton, upland; acreage allot- can-made parts added as - ments for 1966 and succeeding CUSTOMS BUREAU “made in U.S.A.”____ l _____11030 crops__ l ______—-----______11011 Notices Proper labeling of rebuilt fuses. 11030 Delegation of certain functions, Tire advertising and labeling AGRICULTURE DEPARTMENT rights, privileges, powers and guides—______j_____11025 See also Agricultural Stabilization duties to customs agents.—_— «• 11039 Proposed Rule Making and Conservation Service; Com­ Rubber tire industry; rescission of modity Credit Corporation; FEDERAL AVIATION AGENCY trade practice rules___ i _____11037 Commodity Exchange Author­ Rules and Regulations ity; Consumer and Marketing Control zones and transition area; FOOD AND DRUG Service. alteration (3 documents) _ 11014,11016 ADMINISTRATION Notices Controlled airspace; designation. 11015 New York Produce Exchange; des­ Restricted areas and controlled Notices ignation as contract market for airspace; alteration and desig­ Chesebrough-Pond’s, Inc.; hear­ soybeans.______11040 nation______11016 ing______4_____11041 Standard instrument approach Filing of petitions for food addi­ procedures; miscellaneous tives: ATOMIC ENERGY COMMISSION amendments——__—.—I— ------11017 Monsanto Co______L____ 11040 Notices Transition area and control area Syracuse University Research extension; alteration and rev­ C o rp ______11041 Allied-Crossroads Nuclear Corp.; ocation—------* 11014 issuance of amendment to li­ Transition areas; alteration (2 FOREIGN ASSETS CONTROL cense ______11050 documents______11014,11015 OFFICE Atcor, Inc.; proposed issuance of Transition areas and control zone; license______. 11051 alteration and designation___ 11015 Notices General Dynamics Corp.; proposed Importation of certain merchan­ issuance of facility license____ 11050 Proposed Rule Making dise directly from Republic of Federal airway; designation------11036 Korea; available certifications.' 11039 CIVIL AERONAUTICS BOARD Securing of unattended small air­ craft at National and Dulles HEALTH, EDUCATION, AND Notices International Airports; with­ WELFARE DEPARTMENT Transatlantic route renewal case, drawal______... 11036 See Food and Drug Administra­ reopened; oral argument_____ 11042 Transition area; alteration------11035 tion. COMMERCE DEPARTMENT FEDERAL COMMUNICATIONS INTERIOR DEPARTMENT Notices COMMISSION See Land Management Bureau. Bailey, Frank R .; statement of Proposed Rule Making changes in financial interests_11040 Subscription television services; INTERSTATE COMMERCE extension of time for filing com­ COMMISSION ments______'______11036 COMMODITY CREDIT Notices CORPORATION Notices Motor carrier of property______11048 Hearings, etc.: Motor carriers: Rules and Regulations Connecticut Radio Foundation Temporary authority applica­ Barley loan and purchase pro­ and Connecticut Television, tions ______,_____ 11045 gram, 1966 crop; support rates, In c ______11042 Transfer proceedings______11047 additional payments and dis­ Highwood Service, Inc______11042 counts; correction______11013 Microwave Communications, LAND MANAGEMENT BUREAU Grain sorghum loan and pur­ Inc. et al______11042 Rules and Regulations chase program, 1966 crop; sup­ Northern Indiana Broadcasters, Oregon; public land order; correc­ port rates and discounts; cor­ Inc______— _ 11042 tion ______*_____ 11014 rection ___.______:__ _—- 11013 RKO General, Inc. (KHJ-TV) Tobacco; export requirements___ 11013 and Fidelity Television, Inc__ 11042 (Continued ein next page) 11007 11008 CONTENTS

Notices SPECIAL REPRESENTATIVE FOR TARIFF COMMISSION Michigan; filing of plats of survey. 11039 TRADE NEGOTIATIONS OFFICE Notices Montana; proposed withdrawal President’s supplemental list of and reservation of lands ___ 11039 Notices Supplemental notice of articles to articles for consideration in be considered for trade agree­ trade agreement negotiations; SMALL BUSINESS ment concessions; hearing____ 11049 investigation and hearings____ 11048 ADMINISTRATION STATE DEPARTMENT TREASURY DEPARTMENT Proposed Rule Making See also Customs Bureau; Foreign See Agency for International De­ Assets Control Office. Definition of small business for velopment. bidding on government procure­ Notices Commandant, U.S. Coast Guard; ments for naval architectural delegation of authority regard­ and marine engineering serv­ ing leasing of certain housing ices ______11037 facilities______11039

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, 1966, and specifies how they are affected.

3 CFR 14 CFR 16 CFR Executive Order: 71 (9 documents).______11014-11016 14 ------H025 73______. 11016 11300______11009 15 (2 documents)______11030 97______11017 P roposed R ules : P roposed R ules: 115------11037 7 CFR 71 (2 documents) ______11035, 11036 722______, ______11011 159__...... ___ 11036 41 CFR 932______11012 7-3------___...... 11030 1421 (2 documents)______11013 7-12------11030 1487______11013 7-15------J.______11031 1489______11013 7-60_------11031 P roposed Rules : 925 ______11035 43 CFR 926 ______11035 P ublic Land Order: 3688 (corrected)______11014 13 CFR 47 CFR P roposed R ules: P roposed R ules : 121______11037 73______11036 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11300 RELATING TO THE IMPLEMENTATION OF THE CONVENTION BETWEEN THE UNITED STATES AND GREECE Under and by virtue of the authority vested in me as President of the United States of America, particularly with respect to the conduct of the foreign relations of this Nation, and in order to ensure that Article X III of the Convention between the United States and Greece (33 Stat. 2122, 2131) can be observed and fulfilled with good faith by the United States, I hereby designate the Attorney General of the United States, and such other officers and employees of the Executive Branch of the Government as he may from time to time specify, to be the “local authorities” and “competent officers” on the part of the United States within the meaning of Article X III of the Convention. The Attorney General, and the designees specified by him, shall fulfill the obligations assumed by the United States pursuant to Article X III of the Convention in the manner and form therein prescribed. L yndon B. J ohnson T h e W h ite H ouse, August 17, 1966. [F.R. Doc. 66-9087; Filed, Aug. 17, 1966 ; 2:53 p.m.]

FEDERAL REGISTER, VO L 31, NO. 161— FRIDAY, AUGUST 19, 1966

11011 Rules and Regulations

of the regulations are amended to read § 722.409 Apportionment of State allot­ Title 7— AGRICULTURE as follows: ment and State’s share of national re­ serve among counties and establish­ Chapter VII— Agricultural Stabiliza­ § 722.404 Definitions. m ent o f county reserve. tion and Conservation Service ***** (b) Cotton program terms. * * * (a) Apportionment of State allotment. (Agricultural Adjustment), Depart­ The State allotment less (1) the allot­ ment of Agriculture (2) Acreage planted to cotton in the State and county during the base period ment attributable to history pooled as a SUBCHAPTER B— FARM MARKETING QUOTAS (for use in establishing State and county result of productivity adjustments under AND ACREAGE ALLOTMENTS § 722.437(c), and (2) the State reserve allotments; acreage devoted to produc­ for the current year, shall be apportioned [Amdt. 5] tion of extra long staple cotton shall be among counties on the basis of the aver­ PART 722— COTTON excluded) — age acreage planted to cotton in each * * * * * county in the 5 base years with adjust­ Subpart— Acreage A llotm ents for (iii) For 1966-1969, State. The sum of ments in such acreage for failure to seed 1966 and Succeeding Crops of the acreages planted to cotton in the cotton because of abnormal weather Upland Cotton counties of the State for 1966 through conditions. * * * 1969 as determined under subdivision (ii) ***** Miscellaneous Amendments of this subparagraph: Provided, That the Basis and purpose. This amendment acreage planted to cotton for each year 4. Paragraph (c) of § 722.434 of the is issued pursuant to the Agricultural in a State shall include such acreage re­ regulations is amended to read as follows : Adjustment Act of 1938, as amended (52 maining unassigned to any county as a § 722.434 Exchange of cotton and rice Stat. 31, as amended; 7 U.S.C. 1281 et result of productivity adjustments of al­ farm allotments. seq.). The purpose of this amendment lotments transferred under section 344a ***** is to (1) provide a further limitation on of the act. the reserve acreage which a State com­ * * * * * (c) Productivity adjustments—(1) Re­ mittee may withhold from the State duction in farm allotment being trans­ allotment beyond that prescribed in sec­ (15) State reserve—Acreage reserved ferred. The acreage allotment for cot- tion 344 of the act; and (2) provide that by the State committee from the State toh or rice, as the case may be, received allotment acreage that is attributable to allotment not in excess of 10 percent by any farm in an exchange under this pooled history acreage resulting from thereof (15 percent for Oklahoma) for section shall be adjusted for differences productivity adjustments in permanent use in accordance with section 344(e) of in farm productivity if the projected transfers by sale or by owner under 344a the act: Provided, That beginning with yield for the commodity on the receiving shall not be allotted to farms in future the 1967 crop year the total State reserve farm exceeds the projected yield there­ years, but shall be frozen at the State for all uses shall be limited to a maxi­ for on the farm from which the transfer level. Freezing of the pooled allotment mum of 2 percent of the State allotment is made, by more than 10 percent. The at the State level will continue the allo­ less the allotment attributable to the his­ adjustment, if any, shall be made for cation of the national acreage allotment tory acreage pooled as a result of produc­ cotton by comparing the projected cot­ to States in the same ratio as if no pro­ tivity adjustments under section 344a of ton yields for the farms involved in the ductivity adjustments had been made the act, unless the State committee rec­ exchange. Similarly the adjustment, if and at the same time will keep in effect ommends a larger figure which is ap­ any, shall be made for rice by comparing at the farm and county level those pro­ the projected rice yields for the farms in­ proved by the Deputy Administrator, volved in the exchange. The county ductivity adjustments made in 1966-1969 State and County Operations. transfers of allotments. In addition, committee shall determine the amount of this amendment will clarify the pro­ * * * * * allotment for cotton or rice, as the case cedure for transfers of history acreage 2. The first paragraph of § 722.408 of may be, received by any farm in an ex­ subject to productivity adjustments, in­ the regulations is amended to read as change under this section where produc­ cluding exchanges of cotton for rice follows: tivity adjustment is required by dividing allotments, under 344a. the allotment to be exchanged by a per­ In order that the State and county § 722.408 Stale reserve. centage quotient obtained by dividing ASC committees may determine the ap­ The State committee shall establish a the yield of the receiving farm by the propriate history acreages for use in al­ yield of the transferring farm. The pro­ State reserve for the current year not in jected yields used in the productivity locating the 1967 national acreage allot­ excess of 2 percent of the State allotment ment as soon as possible, it is essential adjustment shall be those for the first that this amendment be made effective as available for distribution to counties in crop for which the exchange will be ef­ soon as possible. Accordingly, it is the State, unless the State committee fective. The amount of allotment for hereby determined and found that com­ recommends a larger acreage which is a commodity so transferred from a farm pliance with the notice, public procedure, approved by the Deputy Administrator, shall be the full amount and the amount and 30-day effective date requirements of allotment for a commodity so trans­ State and County Operations, ASCS. ferred to a farm shall be the reduced of section 4 of the Administrative Pro­ The allotment available for distribution cedure Act (60 Stat. 238; 5 U.S.C. 1003) aulount*. is impracticable and contrary to the pub­ shall be the State’s share of the national (2) Adjustment in history acreage for lic interest and this amendment shall be allotment less the allotment attributable rice. Any adjustment in history acre­ effective upon filing this document with to history acreage pooled as a result of age for rice allotments transferred un­ the Director, Office of the Federal Regis­ productivity adjustments under § 722.437 der this section shall be governed by the ter. (c). The reserve shall be allocated to regulations in Part 730 of this chapter. The regulations for Acreage Allot­ (3) Adjustment in history acreage for ments for 1966 and Succeeding Crops of uses as follows: * * * * * cotton. The history acreage for cotton Upland Cotton (31 F.R. 5300, as amend­ shall be adjusted in accordance with the ed) are amended as follows: 3. The first sentence of paragraph (a) provisions of subparagraphs (2), (3), 1. Subdivision (iii) of paragraph (b) of § 722.409 of the regulations is amended (4), and (5) of § 722.437(c).

(2) and subparagraph (15) of § 722.404 to read as follows: * * * * *

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11012 RULES AND REGULATIONS 5. Paragraph (c) of § 722.437 of the (5) Acreage regarded as planted to After consideration of all relevant mat­ regulations is amended to read as fol­ cotton in the State. For purposes of ters presented, including the proposal set lows: establishing future State acreage allot­ forth in the aforesaid notice which was § 722.437 Amount of allotment trans­ ments only and not for purposes of submitted by the Olive Administrative ferable. establishing future county allotments, the Committee (established pursuant to the * * * * * net losses of county history acreage as marketing agreement and order as the determined under subparagraph (3) of agency to administer the provisions (c) Productivity adjustments—(1) Re­this paragraph shall be regarded as thereof), it is hereby found that the ad­ duction in farm allotments "being trans­ planted to cotton. ministrative regulation, as hereinafter ferred. If the projected yield for the ***** set forth, is in accordance with the pro­ farm to which transfer is made for the (Secs. 344, 344a, 375, 52 Stat. 57, as amended, visions of the marketing agreement and year the transfer is to take effect ex­ 79 Stat. 1197, 52 Stat. 66, as amended; 7 order, and will tend to effectuate the ceeds the projected yield for the farm U.S.C. 1344, 1344b, 1375) declared purposes of the Agricultural from which transfer is made for the Marketing Agreement Act of 1937, as year the transfer is to take effect by Effective date. Date of filing with the amended. The administrative regula­ more than 10 percent, the allotment so Director, Office of the F ederal Register. tion is hereby approved as follows: transferred shall be reduced for dif­ Signed at Washington, D.C., on August ferences in farm productivity. The 15,1966. § 932.150 Changes in the percentage county committee shall determine the tolerances for canned whole ripe H. D. G odfrey, olives. amount of allotment to be transferred Administrator, Agricultural Sta­ by sale, lease, and by owner, under sec­ bilization and Conservation The percentage tolerances for canned tion 344a of the act where productivity Service. whole ripe olives, set forth in § 932.52 adjustment is required under this para­ [F.R. Doc. 66-9033; Filed, Aug. 18, 1966; (a) (2), are changed as follows: graph as follows: (i) Divide the yield 8:47 a.m.] (a) With respect to variety group 1 of the receiving farm by the yield of the olives, except the Ascolano, Barouni, and transferring farm, then (ii) divide the Saint Agostino varieties, the individual allotment to be transferred by the per­ Chapter IX— Consumer and Market­ fruits shall each weigh not less than centage quotient so obtained. The V75 pound except that (1) for such olives amount of allotment so transferred from ing Service (Marketing Agreements of the mammoth size designation, not a farm shall be the reduced amount. In and Orders; Fruits, Vegetables, more than 25 percent, by count, of such amount of allotment so transferred to Nuts), Department of Agriculture olives may weigh less than ^75 pound a farm shal be the reduced amount. In each: Provided, That not more than 10 the case of temporary transfers of allot­ PART 932— OLIVES GROWN IN percent, by count, of such olives may ment for 1 or more years by lease or by CALIFORNIA weigh less than pound each; and owner, the productivity adjustment and Percentage Tolerances for Canned (2) for such olives of all size designa­ amount of allotment so transferred shall tions except the m am m oth size, not more be redetermined by the county commit­ Whole Ripe Olives than 5 percent, by count, of such olives tee each year the transfer remains in Notice was published in the F ederal may weigh less than pound each; effect in accordance with § 722.438(j). R egister (31 F.R. 10038) that the De­ (b) With respect to variety group 1 (2) Adjustment in farm history acre­partment was giving consideration to an olives of the Ascolano, Barouni, and Saint age. The farm history acreage for the administrative regulation under the mar­ Agostino varieties, the individual fruits immediately preceding 5 years on farms keting agreement and Order No. 932 (7 except that (1) for such olives of the from which and to which permanent CFR Part 932), regulating the handling extra large size designation, not more transfers of allotment are made shall of olives grown in California, effective than 25 percent, by count, of such olives be adjusted by the county committee for under the applicable provisions of the may weigh less than pound each: each of the base years to correspond with Agricultural Marketing Agreement Act Provided, That not more than 10 percent, the amount of allotment transferred be­ of 1937, as amended (7 U.S.C. 601-674). by count, of such olives may weigh less tween the farms. In the case of tempo­ The notice afforded interested persons than pound each; and (2) for such rary transfers of allotment for 1 or more 10 days to file with the Department olives of all size designations, except the years by lease or by owner, there shall written data, views, or arguments per­ extra large size, not more than 5 percent, be no reduction in farm history acreage taining to the proposal. An exception to by count, of such olives may weigh less on the farm from which the transfer is the proposed administrative regulation than Yss pound each; made and no farm history acreage shall was filed, within the prescribed time, by (c) With respect to variety group 2 be transferred to the receiving farm. James Oberti of Madera, Calif. Such ex­ olives, except the Obliza variety, the in­ The net loss in history acreage, if any, ception recited that the proposed toler­ dividual fruits shall each weigh not less resulting from productivity adjustments ances were unrealistic in that such pro­ than Yuo pound except that (1) for such for transfers in the same county and posed percentages do not conform to olives of the small, select or standard across county lines shall be obtained by established trade practices. This is size designation, not more than 35 per­ the county committee and furnished to based on tests of olives packed prior to cent, by count, of such olives may weigh the State committee. the order which show that some lots of less than %4o pound each: Provided, That ( 3 ) Adjustment in county history acre­ olives have a greater percentage of un­ not more than 7 percent, by count, of age. The county history acreage for the dersized olives than the percentages con­ such olives may weigh less than %6o 5-year base period shall be adjusted by tained in the proposal. At the hearing, pound each; and (2) for such olives of the State committee for each of the base the established practices of the industry all size designations, except the small, years to correspond with the adjust­ were recited and the need to change these select or standard size, not more than ments in farm history acreages under practices was shown to be necessary in 5 percent, by count, of such olives may subparagraph (2) of this paragraph. order to pack a more desirable product, weigh less than pound each; and (4) Adjustment in State history acre­ increase trade demand, and thus improve (d) With respect to variety group 2 returns to growers. Testimony also sup­ olives of the Obliza variety, the individual age. The State committee shall deter­ ported the establishment of the percent­ fruits shall each weigh not less than mine the State history acreage for each ages for undersize set forth in the order, %2i pound except that (1) for such olives of the 5 base years by adjusting the totals but with the understanding that if such of the medium Size designation, not more of previously reported county history were found to be too drastic, upon a than 35 percent, by count, of such olives acreages to reflect permanent transfers recommendation of the committee, such may weigh less than VÎ21 pound each: percentages could be altered. The com­ Provided, That not more than 7 percent, of history acreage, as adjusted under mittee has unanimously recommended by count, of such olives may weigh less subparagraph <3) of this paragraph, increasing the tolerances as set forth in than yi35 pound each; and (2) for such among farms within the same county the attached document. The exception, olives of all size designations, except the and from one county to another. therefore, is denied. medium size, not more than 5 percent,

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11013 by count, of such olives may weigh less [C.C.C. Grain Price Support Regs., 1966 Crop Effective date. Date of filing with than %2i pouhd each. Grain Sorghum Supp.] Office of Federal Register. It is hereby further found that good PART 1421— GRAINS AND SIMILARLY cause exists for not postponing the effec­ Signed at Washington, D.C., on August tive date of this administrative regula­ HANDLED COMMODITIES 15,1966. H. D. Godfrey, tion until 30 days after publication in Subpart— 1966 Crop Grain Sorghum Executive Vice President, the F ederal R egister (5 U.S.C. 1001- Loan and Purchase Program 1011) in that (1) the provisions of Commodity Credit Corporation. § 932.52, which are to become effective S upport R ates and D iscounts; [F.R. Doc. 66-9036; Filed, Aug. 18, 1966; September 1,1966, establishes percentage Correction 8:47 a.m.] tolerances for undersize olives; (2) nu­ F.R. Doc. 66-7875, published at page merous tests of canned ripe olives con­ 9847 in the issue dated Thursday, July 21, ducted by the committee show that cans 1966, is corrected by changing the spell­ [Announcement PR TB-2; Amdt. 1] of olives that apparently were properly ing of “Summer” County in the State of PART 1489— TERMS AND CONDI­ sized had a larger percentage of under­ Kansas to “Sumner”. TIONS FOR PURCHASE OF TO­ sized olives than the tolerance provided Signed at Washington, D.C., on August BACCO UNDER COMMODITY in the order; and (3) this administra­ 15,1966. CREDIT CORPORATION EXPORT tive régulation relieves restrictions on H. D. Godfrey, CREDIT SALES PROGRAM the handling of olives. It should, there­ Executive Vice President, fore; be made effective September 1, Commodity Credit Corporation. General Statement and Export Re­ 1966, the same date the order provisions [F.R. Doc. 66-9034; Filed, Aug. 18, 1966; quirements for Tobacco Purchased are to become effective, so that the tol­ 8:47 a.m.] The Regulations issued by Commodity erances specified in the order will be Credit Corporation, published in.30 F.R. superseded at the effective date. 12067 (Sept. 22, 1965), which contain the SUBCHAPTER C— EXPORT PROGRAMS terms and conditions for purchase of Dated: August 16, 1966, to become ef­ [Announcement PR TB-1; Amdt. 2] tobacco under Commodity Credit Corpo­ fective September 1, 1966. PART 1487— TERMS AND CONDI­ ration Export Credit Sales Program, are (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. TIONS UNDER WHICH EXPORT hereby amended. 601-674) COMMODITY CERTIFICATES ISSUED § 1489.1 [Amended] P aul A. N icholson, BY COMMODITY CREDIT CORPO­ Deputy Director, Fruit and Veg­ 1. In order to update the general RATION UNDER CERTAIN PRO­ statement, the last sentence of § 1489.1 etable Division, Consumer and is amended to read as follows: “This part Marketing Service. GRAMS MAY BE REDEEMED IN TOBACCO sets forth the additional terms and condi­ [F.R. Doc. 66-9039; Filed, Aug. 18, 1966; tions applicable to purchases of tobacco 8:48 a.m.] Export Requirements for Tobacco Ac­ under the CCC Export Credit Sales Pro­ quired With Export Commodity Cer­ gram (GSM-3, Rev. II) set out at 31 tificates F.R. 2997 and any revisions thereof.” Chapter XIV— Commodity Credit Cor­ 2. In order to permit export payments poration, Department of Agriculture The Regulations issued by Commodity on the exportation of certain kinds of Credit Corporation, published in 30 F.R. tobacco purchased under the CCC Ex­ SUBCHAPTER B— LOANS, PURCHASES, AND 644 and 6639, which contain the terms port Credit Sales Program § 1489.4(d) is OTHER OPERATIONS and conditions under which export com­ amended to read as follows: [C.C.C. Grain Price Support Regs., 1966-Crop modity certificates issued by Commodity § 1489.4 Export requirements for to­ Barley Supp.] Credit Corporation under certain pro­ grams may be redeemed in tobacco are bacco purchased. PART 1421— GRAINS AND SIMILARLY hereby amended. ***** HANDLED COMMODITIES In order to permit export payments on (d) The proof of exportation fur­ the exportation of certain kinds of nished under this part shall not have Subpart— 1966 Crop Barley Loan and tobacco acquired with export commodity been used, and shall not subsequently be Purchase Program certificates, § 1487.5(e) is amended to used, as evidence of exportation un­ read as follows: der any other CCC or Department of Support R ates, Additional P ayments and Agriculture export program except to the D iscounts; Correction § 1487.5 Export requirements for to­ extent that such proof is in excess of In F.R. Doc. 66-7874 published at page bacco acquired with export commod­ that needed to satisfy the export re­ 9842 of the issue dated Thursday, July 21, ity certificates. quirements of this part: Provided, how­ 1966, the following terminal market rates * * * * ♦ ever, That this limitation on the use of (e) The proof of exportation furnishedthe proof of exportation shall not apply are corrected : under this part shall not have been used, to the program providing for payments and shall not subsequently be used, as on export of certain kinds of tobacco set Rate per bushel evidence of exportation under any other out at 31 F.R. 6862, 7556, and 9208 and CCC or Department of Agriculture export any amendments thereof or supplements From To program except to the extent that such thereto. proof is in excess of that needed to satisfy ***** Minneapolis, Minn...... $0.96 $0.99 the export requirements of this part: (Secs. 4, 5, 62 Stat. 1070, as amended; 15 .96 .99 Provided, however, That this limitation U.S.C. 714b, 714c) Superior, Wis______.96 .99 on the use of the proof of exportation .96 .99 Effective date. Date of filing with shall not apply to programs under Title Office of Federal Register. Signed at Washington, D.C., on Au­ I and Title IV of P.L. 480, 83d Congress, and programs providing for payments on Signed at Washington, D.C., on August gust 15, 1966. exports of certain kinds of tobacco set 15, 1966. H. D. Godfrey, out at 31 F.R. 6862, 7556, and 9208, and H. D. Godfrey, Executive Vice President, any amendments thereof or supplements Executive Vice President, Commodity Credit Corporation. thereto. Commodity Credit Corporation. [F.R. Doc. 66-9035; Filed, Aug. 18, 1966; (Secs. 4, 5, 62 Stat. 1070, as amended; 15 [F.R. Doc. 66-9037; Filed, Aug. 18, 1966; 8:47 am.] U.S.C. 714b, 714c) 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 No. 161---- 2 11014 RULES AND REGULATIONS 2 miles each side of the 251s bearing from within the El Dorado, Ark., transition the Navy Key West UHF RBN, extending from area.” Title 43— PUBLIC LANDS: the 7-mile radius area to 23 miles W of the UHF RBN; within 2 miles each side of the (Sec. 307(a), Federal Aviation Act of 1958 (49 INTERIOR Navy Key West TACAN 246° radial, extend­ U.S.C. 1348)) ing from the 7-mile radius area to 16 miles Chapter II— Bureau of Land Manage­ SW of the TACAN; and that airspace extend­ Issued in Fort Worth, Tex., on August ment, Department of the Interior ing upward from 1,200 feet above the surface 10,1966. bounded by a line extending from latitude H enry L. N ewman, APPENDIX— PUBLIC LAND ORDERS 25°04'05" N., longitude 81°58'15" W., thence Director, Southwest Region. [Public Land Order 3688] clockwise along the arc of a 35-mile radius [F.R. Doc. 66-9004; Filed, Aug. 18, 1966; circle centered at the Key West VORTAC to 8:45 am.] [Oregon 015334] latitude 24°08'50" N., longitude 82s04'35" OREGON W., to latitude 24°13'00" N., longitude 82s- 02'30" W., to latitude 24°13'00" N., longitude [Airspace Docket No. 66-SW-21 ] Withdrawal for National Forest Ad­ 82°21'00" W., to latitude 24°25'00" N., longi­ tude 82°32'00" W., to latitude 24°45'00" N., PART 71-—DESIGNATION OF FEDERAL ministrative Sites and Recreation, longitude 82°32'00'' W., to latitude 24°45'00" AIRWAYS, CONTROLLED AIRSPACE, Botanical, Geological and Archeo­ N., longitude 81°56'50" W„ to latitude 24s- AND REPORTING POINTS logical Areas 49'00" N., longitude 81°55'00" W„ to the point of beginning, including the airspace Correction Alteration of Control Zones and NE of Key West bounded on the N by B-19, Transition Area In P.R. Doc. 65-6253 appearing in the on the E and S by V-3, and on the SW by the 35-mile radius circle, excluding the por­ On June 15, 1966, a notice of proposed issue for Wednesday, June 16, 1965, at tion within W-173 and W-465. page 7753, make the following change: rule making was published in the F ed­ Near the top of the first column on page (Secs. 307(a), 1110, Federal Aviation Act of eral R egister (31 F.R. 8374) stating that 1958 (49 UJ3.C. 1348, 1510); E.O. 10854 (24 the Federal Aviation Agency proposed to 7754, the description for the Hlah.ee Ad­ FJR.9565)) ministrative Site, Sec. 21, now reading alter the controlled airspace in the “lot 1 and NET4NE&, lot 6” should read Issued in Washington, D.C., on August Killeen, Tex., terminal area. “lot 1 and NEJANE^4 lot 6”. 11.1966. Interested persons were afforded an H. B. Helstrom, opportunity to participate in the rule Chief, Airspace and Air making through submission of comments. Traffic Rules Division. All comments received were favorable. [F.R. Doc. 66-9003; Filed, Aug. 18, 1966; In consideration of the foregoing, Part Title 14— AERONAUTICS AND 8:45 a.m.] 71 of the Federal Aviation Regulations SPACE is amended, effective 0001 e.s.t., October [Airspace Docket No. 66-SW-24] 13, 1966, as hereinafter set forth. Chapter I— Federal Aviation Agency In § 71.171 (31 F.R. 2104) the Killeen, PART 71— DESIGNATION OF FEDERAL Tex., control zones are designated as SUBCHAPTER E— AIRSPACE follows: [Airspace Docket No. 63-SO-56] AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS K illeen, T ex. (F ort Hood AAF) PART 71 — DESIGNATION OF FEDERAL Alteration of Transition Areas Within a 5-mile radius of Fort Hood AAF AIRWAYS, CONTROLLED AIRSPACE, (latitude 31°08'15" N„ longitude 97s42'50" AND REPORTING POINTS On June 15, 1966, a notice of proposed W.), within 2 miles each side of the Hood VOR 352° radial extending from the 5-mile Alteration of Transition Area and Rev­ rule making was published in the F ederal R egister (31 FJt. 8375) stating that the radius zone to the VOR, within a 3-mile ocation of Control Area Extension Federal Aviation Agency proposed to radius of Killeen Municipal Airport (latitude 31°05'10" N., longitude 97s41'05" W.), and On June 10, 1966, a notice of proposed alter controlled airspace in the El Do­ within 2 miles each side of the Hood VOR rule making was published in the F ederal rado, Ark., and Shreveport, La., transi­ 219° radial extending from the 3-mile radius R egister (31 F.R. 8182) stating that the tion areas. zone to 8 miles SW of the VOR. Federal Aviation Agency was considering Interested persons were afforded an amendments to Part 71 of the Federal opportunity to participate in the rule K illeen, T ex. (R obert Gray AAF) Aviation Regulations that would alter making through submission of comments. Within a 5-mile radius of Robert Gray AAF the Key West, Fla., transition area and All comments received were favorable. (latitude 31°04'20" N., longitude 97°49'45" revoke the Key West control area In consideration of the foregoing, Part W.), within 2 miles each side of the 341s extension. 71 of the Federal Aviation Regulations bearing from the Gray RBN extending from is amended, effective 0001 e.s.t., October the 5-mile radius zone to 8 miles N of the Interested persons were afforded an RBN, and within 2 miles each side of the opportunity to participate in the pro­ 13.1966, as herein set forth. 1. In § 71.181 (31 F.R. 2183) the El Hood VOR 271° radial extending from the posed rule making through the submis­ 5-mile radius zone to the VOR, excluding the sion of comments. The Air Transport Dorado, Ark., transition area is amended portion within the Killeen, Tex. (Fort Hood Association of America concurred with to read: AAF) control zone. This control zone is ef­ the proposal. No other comments were El Dorado, Ark. fective during the dates and times published received. That airspace extending upward from 700 in the Airman’s Information Manual. feet above the surface within 5 miles SE and In consideration of the foregoing, Part 8 miles NW of the El Dorado VORTAC 059 s In § 71.181 (31 F.R. 2207) the Killeen, 71 of the Federal Aviation Regulations is radial extending from the VORTAC to 12 Tex., transition area is designated as amended effective 0001 e.s.t., October 13, miles NE, within 5 miles SE and 5 miles NW follows: 1966, as hereinafter set forth. of the 239° radial extending from the VOR­ K illeen, T ex. 1. In § 71.165 (31 F.R. 2055), the Key TAC to 5 miles SW; and that airspace ex­ tending upward from 1,200 feet above the That airspace extending upward from 700 West, Fla., control area extension is surface bounded by a line beginning at lati­ feet above the surface within a 6-mile radius revoked. tude 33°20'30" N., longitude 92°51'30" W.; of Hood AAF (latitude 31°08'15" N., longi­ 2. In § 71.181 (31 F.R. 2149), the Key to latitude 33°30'00" N., longitude 92s51'80" tude 97°42'50" W.), within a 7-mile radius W.; to latitude 33°30'00" N., longitude 92s- of Robert Gray AAF (latitude 31°04'20" N., West, Fla., transition area is amended to 30'00" W.; to latitude 32°44'00" N., longi­ longitude 97°49'45" W.); within 8 miles W read: tude 92°20'00" W.; to point of beginning. and 5 miles E of the Hood VOR 352° and 172s radials extending from 5 miles N to 12 miles K ey West, F la. 2. In §71.181 (31 F.R. 2256) the S of the VOR; that airspace extending up­ That airspace extending upward from 700 Shreveport, La., transition area descrip­ ward from 1,200 feet above the surface within feet above the surface within a 7-mile radius the area bounded by a line beginning at of NAS Key West (Boca Chica) (latitude 24s- tion is amended by deleting that part latitude 30°48'00" N., longitude 97°39'00" 34'26" N., longitude 81°41'18" W.); within which states, “excluding the portion W.; to latitude 30°48'00" N., longitude 98°-

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11015 03'00" W.; to latitude 30°33'30" N., longi­ Issued in Kansas City, Mo., on August Interested persons were afforded an tude 98°31'30" W.; to latitude 31°13'00" N„ 3, 1966. opportunity to participate in the rule longitude 98°38'00" W.; to latitude 31°23'31'' making through the submission of com­ N„ longitude 97°47'45" W.; to latitude 31°- Edward C. Marsh, 22'33" N., longitude 97°42'45'' W.; to latitude Director, Central Region. ments. All comments received were 31°20'48" N., longitude 97°40'32" W.; to favorable. latitude 31°19'37" N., longitude 97°40'32" [F.R. Doc. 66-9006; Filed, Aug. 18, 1966; In consideration of the foregoing, Part W.; to latitude 31°13'45" N., longitude 97°- 8:45 a.m.] 71 of the Federal Aviation Regulations 32'35" W.; to latitude 31°06'06" N„ longi­ is amended, effective 0001 e.s.t., October tude 97°32'42" W.; to latitude 30°57'00" N., [Airspace Docket No. 66-CE-70] 13, 1966, as hereinafter set forth. longitude 97°36'00" W.; to point of be­ In § 71.181' (31 F.R. 2149) the follow­ ginning. PART 71— designation o f fe d er a l ing transition areas are amended to (Sec. 307(a), Federal Aviation Act of 1958 AIRWAYS, CONTROLLED AIRSPACE, read: (49 Ü.S.C. 1348) ) AND REPORTING POINTS Savannah, Ga. That airspace extending upward from 700 Issued in Forth Worth, Tex., on August Designation of Controlled Airspace 10,1966. feet above the surface within an 8-mile ra­ H enry N ewman, On May 7, 1965, Airspace Docket No. dius of Hunter AFB (latitude 32°00'35" N., L. longitude 81°08'45" W.) ; within an 8-mile Director, Southwest Region. 65-CE-4 was published in the F ederal radius of Travis Field (latitude 32°07'35" N., [F.R. Doc. 66-9005; Filed, Aug. 18, 1966; R egister (30 F.R. 6384) which amended longitude 81°12'05" W.) ; within 2 miles each 8:45 a.m.] Part 71 of the Federal Aviation Regula­ side of the Savannah VORTAC 065° radial, tions by altering controlled airspace in extending from the Travis Field 8-mile radius the Goodland, Kans., terminal area. A area to 8 miles NE of the VORTAC; within [Airspace Docket No. 66-CE-49] subsequent editorial correction was 2 miles each side of the Travis Field ILS lo­ made. The descriptions include a refer­ calizer E course, extending from the Travis PART 71— DESIGNATION OF FEDERAL ence to the Goodland, Kans., Municipal Field 8-mile radius area to 8 miles E of the AIRWAYS, CONTROLLED AIRSPACE, INT of the ILS localizer E course and the Airport. The name of this airport has Savannah VORTAC 179° radial; that-air­ AND REPORTING POINTS been Changed to Renner Field. As a re­ space extending upward from 1,200 feet above sult of the change, the Goodland, Kans., the surface bounded by a line beginning at Alteration of Transition Area control zone and transition area must be latitude 32°45'50" N., longitude 80°30'30" On June 10, 1966, a notice of proposed amended by deleting all references to W.; thence SE to latitude 32°29'30" N., longi­ rule making was published in the F ed­ Goodland Municipal Airport and substi­ tude 80° 12'00" W.; thence SW via a line 3 eral R egister tuting Renner Field in lieu thereof. nautical miles from the coastline to latitude (31 F.R. 8183) stating that 32°13'00" N., longitude 80°30'00" W.; thence the Fédéral Aviation Agency proposed to Since this amendment is editorial in S to latitude 32°00'00" N., longitude 80°33'- alter controlled airspace in the Manhat­ nature and imposes no additional burden 00" W.; thence SW to latitude 31°30'00" N., tan, Kans., terminal area. on any person, notice and public proce­ longitude 80°51'05" W.; thence W via lati­ Interested parties were afforded an dure are unnecessary. tude 31°30'00" N., to the E boundary of V— opportunity to participate in the rule In consideration of the foregoing, Part 267; thence NW via the E boundary of V-267 making through the submission of com­ 71, §§ 71.171 (31 F.R. 2065) and 71.181 to the SE boundary of V-157; thence NE via ments. The one comment received was (31 F.R. 2149), of the Federal Aviation the SE boundary of V—157 to the S boundary Regulations is amended, effective im­ of V-18S; thence E via the S boundary of V- favorable. 18S to the W boundary of V-3; thence S via In consideration of the foregoing, Part mediately, by deleting all references the W boundary of V-3 to latitude 32°44'00" 71 of the Federal Aviation Regulations is therein to Goodland Municipal Airport N.; thence E via latitude 32°44'00" N., to amended effective 6001 e.s.t., October 13, and inserting Renner Field in lieu longitude 80°43'25" W.; thence E to the 1966, as hereinafter set forth: thereof. point of beginning. In § 71.181 (31 F.R. 2149) the Manhat­ (Sec. 307(a), Federal Aviation Act of 1958 F okt Stewart, Ga. tan, Kans., transition area is amended to (49 U.S.C. 1348)) read: That airspace extending upward from 700 Issued in Kansas City, Mo., on August feet above the surface within a 6-mile radius Manhattan, K a n s. 4, 1966. of Liberty AAF (latitude 31°53'20" N., longi­ That airspace extending upward from 700 Edward C. Marsh, tude 81 °33'45" W.). feet above the surface within a 7-mile radius Director, Central Region. Beaufort, S.C. of the Manhattan Airport (latitude 39°08'85" N., longitude 96°40'05" W.), within 2 miles [F.R. Doc. 66-9007; Filed, Aug. 18, 1966; That airspace extending upward from 700. each side of the Manhattan VOR 046° radial 8:45 a.m.] feet above the surface within an 8-mile radius extending from the 7-mile radius area to 8 of MCAS Beaufort (latitude 32°28'40" N., longitude 80°43'20" W.); within a 1.5-mile miles NE of the VOR; within 2 miles NE and [Airspace Docket No. 66-SO-51] 3 miles SW of the 127° bearing from the Man­ radius of Beaufort County Airport (latitude hattan RBN, extending from the RRN to 10 PART 71— DESIGNATION OF FEDERAL 32°24'40" N., longitude 80°38'05" W.). miles SE; within 6 miles S and 9 miles N of In § 71.171 (31 F.R. 2065) the Savan­ the Fort Riley VOR 059° radial extending AIRWAYS, CONTROLLED AIRSPACE, from the VOR to 21 miles NE; within 2 milés AND REPORTING POINTS nah, Ga., control zone is amended to each side of the Fort Riley VOR 222° radial read: extending from the VOR to 8 miles SW; and Alteration of Transition Areas and S avannah, Ga. that airspace extending upward from 1,200 Control Zone and Designation of Within a 5-mile radius of Travis Fièld feet above the surface bounded by a line be­ Control Zone (latitude 32°07'35" N., longitude 81°12'05" ginning at latitude 39°27'00" N„ longitude W.) ; within a 5-mile radius of Hunter AFB 96°31'00" W., direct to latitude 39°02'50" N., On July 7, 1966, a notice of proposed (latitude 32°00'35" N., longitude 81°08'45” longitude 97°28'20" W., thence S clockwise W.); within 2 miles each side of the Hunter rule making was published in the F ed­ AFB TACAN 264° radial, extending from the along the arc of the 14-mile radius circle cen­ eral R egister (31 F.R. 9306) stating that tered on the Salina VORTAC, to the N edge 5-mile radius zone to 7 miles W of the of V-4S, thence E along the N boundary of the Federal Aviation Agency was con­ TACAN; within 2 miles each side of the V-4S to the Emporia VORTAC 346° radial, sidering amendments to Part 71 of the Hunter AFB ILS localizer E course, extend­ thence N along the Emporia VORTAC 346° Federal Aviation Regulations that would ing from the 5-mile radius zone to 2 miles radial to the point of beginning. The por­ alter the Savannah, Ga., Fort Stewart, W of the Hunter AFB OM; within 2 miles tion of this transition area within R-3602 each side of the Travis Field ILS localizer W shall be used only after obtaining prior ap­ Ga., and Beaufort, S.C., transition areas; course, extending from the 5-mile radius zone proval from the appropriate authority. alter the Savannah, Ga., control zone; to 1 mile E of the Travis Field ILS OM; within 2 miles each side of the Savannah (Sec. 307(a), Federal Aviation Act of 1958 (49 and, designate the Fort Stewart, Ga., VORTAC 245° radial, extending from the 5- U.S.C. 1348)) control zone. mile radius zone to the VORTAC.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11016 RULES AND REGULATIONS

In § 71.171 (31 F.R. 2065) the following extending from the AFB to 12 miles SE of [Airspace Docket No. 66-WE-23] control zone is added: the OM; within 2 miles each side of the Selma TACAN 316* radial, extending from the 9- PART 71— DESIGNATION OF FEDERAL P ort S tewart, G a. mile radius area to 12 miles NW of the Within a 5-mile radius of Liberty AAP TACAN. AIRWAYS,CONTROLLED AIRSPACE, (latitude 31°53'20" N., longitude 81°33'45" AND REPORTING POINTS W.); within a 1.5-mile radius of the Liberty (Sec. 307(a), Federal Aviation Act of 1958 County Airport (latitude 31°47'20" N. longi­ (49 U.S.C. 1348(a) ) PART 73— SPECIAL USE AIRSPACE tude 81°38'20" W.); within 2 miles each side Issued in East Point, Ga., on August 11, of the 048° bearing from the Stewart RBN, 1966. Alteration and Designation of Re­ extending from the 5-mile radius zone to the W illiam M. F lener, stricted Areas and Alteration of RBN. Acting Director, Southern Region. (Sec. 307(a), Federal Aviation Act of 1958 Controlled Airspace (49 U.S.C. 1348(a) ) [F.R. Doc. 66-9009; Filed, Aug. 18, 1966; 8:45 a.m.] On June 15, 1966, a notice of proposed Issued in East Point, Ga., on August 11, rule making was published in the F ed­ 1966. eral R egister (31 F.R. 8375) stating the J ames G. R ogers, [Airspace Docket No. 66-SO-60] Federal Aviation Agency was consider-'- Director, Southern Region. pa rt 71— DESIGNATION OF FEDERAL ing amendments to Parts 71 and 73 of [F.R. Doc. 66-9008; Filed, Aug. 18, 1966; AIRWAYS, CONTROLLED AIRSPACE, the Federal Aviation Regulations which 8:45 a.m.] AND REPORTING POINTS would establish a restricted area near Alteration of Control Zone and Fort Carson, Colo., alter the continental (Airspace Docket No. 66-SO-50] Transition Area control area, and make minor changes PART 71— DESIGNATION OF FEDERAL in the description of the Fort Carson, On July 21, 1966, a notice of proposed Colo., Restricted Area Rr-2601. AIRWAYS, CONTROLLED AIRSPACE, rule making was published in the F ed­ AND REPORTING POINTS eral R egister (31 F.R. 9875) stating Interested persons were afforded an that the Federal Aviation Agency was opportunity to participate in the pro­ Alteration of Control Zone and considering amendments to Part 71 of posed rule making through submission Transition Area the Federal Aviation Regulations that of comments. One comment was re­ On July 2, 1966, a notice of proposed would alter the Jackson, Tenn., control ceived which interposed no objection. rule making was published in the F ederal zone and transition area. In consideration of the foregoing, Interested persons were afforded an R egister (31 F.R. 9137) stating that the Parts 71 and 73 of the Federal Aviation Federal Aviation Agency was consider­ opportunity to participate in the rule ing amendments to Part 71 of the Federal making through the submission of com­ Regulations are amended, effective 0001 Aviation Regulations that would alter the ments. All comments received were e.s.t., effective October 13, 1966, as here­ Selma, Ala., control zone and transition favorable. inafter set forth. area. In consideration of the foregoing, 1. In § 73.26 (31 F.R. 2305), the fol­ Interested persons were afforded an Part 71 of the Federal Aviation Regu­ lowing is added: opportunity to participate in the rule lations is amended, effective 0001 e.s.t., making through the submission of com­ October 13, 1966, as hereinafter set R -2602 F ort Carson, Colo. ments. All comments received were fa­ forth. Boundaries: Beginning at latitude 38°39'- vorable except a letter from Mr. Roy S. In § 71.171 (31 F.R. 2065) the Jackson, 00” N., longitude 104°52'00" W.; to latitude Jones, Selma Parts Service Co., Inc., Tenn., control zone is amended to read: 38°36'20" N., longitude 104°52'00" W.; to lat­ Selma, Ala. Mr. Jones objected to the J ackson, Te n n . itude 38°32'06" N., longitude 104*49'18" W.; amendment on the basis it would burden Within a 5-mile radius of McKellar Field to latitude 38°32'06" N., longitude 104°45'- general aviation by placing a 700-foot (latitude 35°35'55" N., longitude 88°54'55" 00" W.; to latitude 38°26'10" N., longitude ceiling on aircraft operations to and from W.) ; within 2 miles each side of the Mc­ 104°45'00" W.; to latitude 38°26'10" N., Selfield, Ala. A review of this proposed Kellar VOR (latitude 35°36'12.5" N., longi­ amendment disclosed that alteration of tude 88°54'37.4" W.) 208° radial extending longitude 104°57'13" W.; to latitude the control zone and 700-foot transition from the 5-mile radius zone to 8.5 miles SW 38°32'38" N., longitude 104°57'13" W,; area is required to protect instrument of the VOR. thence northeast along Colorado Highway approach and departure procedures for In § 71.181 (31 F.R. 2149) the Jackson, No. 115 to point of beginning. Craig AFB, Ala.,, and would impose no Tenn., transition area, is amended to Designated altitudes: Surface to 35,000 substantial adverse effect upon opera­ read: feet MSL. tions at Selfield. Jackson, T e n n . Time of designation: Continuous. In consideration of the foregoing, Part That airspace extending upward from 700 Controlling agency: Federal Aviation 71 of the Federal Aviation Regulations is feet above the surface within a 9-mile ra­ Agency, Denver ARTC Center. amended, effective 0001 e.s.t., October 13, dius of McKellar Field (latitude 35°35'55" Using agency: Commanding General, 1966, as hereinafter set forth. N., longitude 88°54'55" W.); and that air­ Fort Carson, Colo. In §71.171 (31 F.R. 2065) the Selma, space extending upward from 1,200 feet Ala., control zone is amended by adding above the surface within 8 miles E and 5 2. In § 73.26 (31 FJR. 2305), Restricted miles W of the McKellar VOR (latitude Area R-2601 is amended by deleting the following: 35°36'12.5" N., longitude 88°54'37.4" W.) Within 2 miles each side of the Selma 208° radial, extending from the VOR to 12 “longitude 104°51'40" W.” wherever it TACAN 153° radial extending from the 5-mile miles SW; within 5 miles each side of the appears and substituting “longitude 104°- radius zone to 5.5 miles SE of the TACAN; McKellar VOR 212° radial, extending from 52'00" W.” therefor. within 2 miles each side of the Selma TACAN the VOR to 27 miles SW; and that airspace 316° radial extending from the 5-mile radius bounded on the N by V-140S, on the E by 3. In § 71.151 (31 F.R. 2047) “R^2602 zone to 6 miles NW of the TACAN. V-16N, on the S by V-16, and on the W by Fort Carson, Colo.” is added. V—HE. (Sec. 307(a), Federal Aviation Act of 1958 In § 71.181 (31 FH. 2149) the Selma, (Sec. 307(a) Federal Aviation Act of 1958 (49 U.S.C. 1348)) Ala., transition area is amended to read: (49 U.S.C. 1348(a)) That airspace extending upward from 700 Issued in East Point, Ga., on August Issued in Washington, D.C., on August feet above the surface within a 9-mile radius 11,1966. 10,1966. of Craig AFB (latitude 32°20'31" N„ longi­ W illiam E. Morgan, tude 86°59'32" W.); within a 5-mile radius W illiam M. F lener, of Selfield Airport (latitude 32°26'28" N., Acting Director, Southern Region. Acting Director, Air Traffic Service. longitude 86°57'05" W.); within 8 miles each [F.R. Doc. 66-9010; Filed, Aug. 18, 1966; [F.R. Doc. 66-9012; Filed, Aug. 18, 1966; side of the Craig AFB ILS localizer SE course 8:45 a.m.] 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11017

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Beg. Docket No. 7552; Arndt. 497] 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 repub­ lished 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: » 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard Instrument 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 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, nrtlAss 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 distance (feet) 65 knots More than more than or less 65 knots 65 knots

MTTf! VOR LOM ...... Direct. ;______2600 T-dn______300-1 300-1 200-13 LOM ...... - D irect...... 2600 C-dn...... 500-1 600-1 500-1)3 LOM ...... -...... — ...... Direct______2600 S-dn-36...... 400-1 400-1 400-1 LOM ...... Direct_____:____ 2600 A-dn______800-2 800-2 800-2 LOM...... Direct______2600 BSP VOR ...... LOM...... Direct______3000

Radar available. - Procedure turn W side of crs, 185° Outbnd, 005° Inbnd, 2600' within 10 miles. Minimum altitude over facility on final approach crs, 2300'. Crs and distancé, facility to airport, 005°—4.4 miles. .... , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing LOM, climb to 2800 on crs, 006°. Proceed to Camden Int, or, when directed by ATC, turn left, climbing to 2600' on 185° bearing from MC LOM within 10 miles, make right turn and return to LOM. MSA within 25 miles of facility: 090°-180°—3100'; 180°-360°—2600'; 000°-090°—2400'. City. Transas city; State,Mo.; Airport name, Mid-Continent International; Elev., 1011'; Fac. Class., H-SAB/LOM; Ident., MC; Procedure No. 1, Arndt. 3; Eff. date, 10 Sept. ^ 66; Sup. Arndt. No. 2; Dated, 29 June 63 nor, v o r Direct...... 2000 T-dn...... 300-1 300-1 200-13 JF OM/RBn (final)...... Direct...... 700 C -dn...... 600-1 600-1 600-1y S-dn-4R, 4L___ 600-1 600-1 600-1 A-dn______800-2 800-2 800-2

xvauai avauauie. Procedure turn S side of crs, 222° Outbnd, 042° Inbnd, 1300' within 10 miles of OM/RBn. Minimum altitude over facility on final approach crs, 700'. Crs and distance, facility to Runway 4R, 042°—2.7 miles; to Runway 4L, 029°—2.2 miles...... , . , . ¿1 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withm 2.7 miles after passing OM/RBn, make right-climbing turn to 3000' on JFK VOR, R 077° to D PK VO R. Hold E, 1-minute left turns, Inbnd crs, 257°, or, when directed by ATC, climb on crs, 042° to 1900' to Kennedy (IW) LOM, hold NE, 1-minute left turns, Inbnd crs, 222°. MSA within 25 miles of facility: 000°-270°—1600'; 270°-360°—2600'. City. New York; State, N.Y.; Airport name, John F. Kennedy International; Elev., 12'; Fac. Class., MHW/LOM; Ident., JF; Procedure No. 1, Arndt. 26; Eff. date, 10 Sept. 66; Sup. Arndt. No. 25; Dated, 18 Dec. 65

LOM ...... Direct...... 1900 T -dn...... 300-1 300-1 200-13 ViaLGAVOR, 2000 C-dn...... 600-1 600-1 600-113 R 100. 500-1 500-1 600-1 LOM (final)...... Direct______1700 A-dn______800-2 800-2 800-2

Procedure turn E side NE crs, 042° Outbnd, 222° Inbnd, 1900' within 10 miles of IW/LOM. Minimum altitude over facility on final approach crs, 1700'. Crs and distance, facility to airport, 222°—5.6 miles...... „ a »* . , , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withm 5.6 miles after passing IW/LOM, make left-climbing turn to 2000' on JFK VOR, R 189° to Channel Int. Hold S, 1-minute right turns, Inbnd crs, 009°, or when directed by ATC, climb on crs, 222° to 1500' to JFK (JF) OM/RBn. Hold SW, 1-minute right turns, Inbnd crs, 042°. MSA within 25 miles Of facility: 000°-270°—1700'; 270°-360°—26007. City, New York: State, N.Y.; Airport name, John F. Kennedy International; Elev., 12/; Fac. Class., LOM; Ident., IW; Procedure No. 2, Arndt. 7; Eff. date, 10 Sept. 66; Sup. Arndt. No. 6; Dated, 18 Dec. 65

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11018 RULES AND REGULATIONS

A DF Standard Xnstrumbnt Afpboacb 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

Deer Park VOR Carol Int.... Direct______2000 T-dn______300-1 300-1 200-)4 Deer Park VOR. Carol Int__ JFK, R 077° to 2000 C-dn______600-1 600-1 600-1)4 11.5- mile clock­ S-dn-31R...... - 500-1 500-1 500-1 wise arc. A-dn______800-2 800-2 800-2 Channel Int_____ — ______Carol Int.... Direct______2000 Channel Int (19-mile DME Fix, JFK, R Carol Int__ JFK, R 189° to 2000 189°). 11.5- mile coun­ terclockwise arc. Carol Int______—______.. ______LOM (final) Direct______.’ 1600 Kennedy VOR______LOM...... Direct______1600

Radar available. Procedure turn S side of crs, 131° Outbnd, 311° Inbnd, 1600' within 10 miles. Minimum altitude over facility on final approach ers, 1600'. Crs and distance, facility to airport, 311°—5.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.6 miles after passing LOM, make left-climbing turn to 2000' on JFK, R 189° to Channel Int. Hold S, 1-minute right turns, Inbnd crs, 009° or when directed by ATC, make right-climbing turn to 1900' to Kennedy (IW) LOM, hole NE, 1-minute left turns, Inbnd crs, 222°. MSA within 25 miles of facility: 000°-270°—1700'; 270°-360*—2600'. City, New York; State, N.Y.; Airport name, John F. Kennedy International; Elev., 12'; Fac. Class., LOM; Ident., RT; Procedure No. 3, Arndt. 4; Eff. date, 10 Sept. 66; Sup. Arndt. No. 3; Dated, 18 Dec. 65

TOY VOR...... CPS RBn...... 2000 T-dn*...... 300-1 300-1 200-)4 MTS VOR ...... CPS RBn Direct______2600 C-d...... 900-1)4 900-1)4 900 - 1 )4 C-n______900-2 900-2 900-2 A -dn.._____ ... NANA NA Minimums with ADF/VOR receivers: c -d ...... 800-1)4 800-1)4 800-1)4 C -n ...... 800-2 800-2 800-2 S-dn-31...... 500-1 500-1 600-1

Radar available. Procedure turn S side of crs, 127° Outbnd, 307° Inbnd, 1800' within 10 miles. Minimum altitude over Millstadt Int on final approach crs, 1313'. Facility on airport, breakoff point to Runway 31, 312°—0.4 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing CPS RBn, make left turn climbing to 1800' on the 127" bearing from CPS RBn within 10 miles, make right turn and return to CPS RBn. N otes: (1) Use Scott AFB, El., altimeter setting. (2) 1649' tower, 7 miles SW of airport. Numerous towers N of field to 1075' within 5-mile radius of airport. (3) 500' powerline towers, 0.3 mile NE and parallel to Runways 13-31. (4) 900' smokestacks, 1.3 miles NW of airport. (5) 663' tower, 1.2 miles NE of airport. *500-1 required for takeoffs on Runways 31, 04. MSA within 25 miles of facility: 000°-180"—2000'; 180°-360°—2700'. City, St. Louis (Cahokia—East Saint Louis, 111.); State, Mo.; Airport name, Bi-State Parks; Elev., 413'; Fac. Class., MHW; Ident., CPS; Procedure No. 1, Arndt. 1; Eff. date, 10 Sept. 66; Sup. Arndt. No. Orig.; Dated, 6 Nov. 65

Chardon VOR______— 3000 300-1 300-1 300-1 Mentor Int______Lost Nation RBn______3000 C-dn 600-1 600-1 600^1)4 3000 S-dn-27 500-1 500-1 500-1 A-dn...... NA NA NA

Procedure turn N side of crs, 092° Outbnd, 272° Inbnd, 3000' within 10 miles of Falstaff Int. Minimum altitude over Falstaff Int on final approach crs, 1800'. Crs and distance, Falstaff Int to airport, 272°—4.3 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of LNN RBn or 4.3 miles after passing Falstaff Int, climb to 3000' on crs of 272° within 10 miles and return to LNN RBn, hold W, 092° Inbnd. N ote: Facility owned and operated by Lost Nation Airport. C aution: Stack, 920'—1.7 mues WSW of airport. High unes along E boundary of airport. MSA within 25 miles of facility: 000°-090°—2300'; 090°-180°—2700'; 180°-270°—3000'; 270°-360°—1600'. City, Willoughby; State, Ohio; Airport name, Lost Nation; Elev., 626'; Fac. Class., MH; Ident., LNN; Procedure No. 1, Arndt. 6; Eff. date, 10 Sept. 66; Sup. Arndt. No. 5; Dated, 27 Nov. 65

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11019 2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard I nstrument Approach P rocedure Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are In feet MSL. Ceilings are in feet above airport elevation. Distances are In nautical miles unless otherwise Indicated, except visibilities which are in statute miles. , .. , ... , , ...... , . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, unless an aDDroach is conducted In accordance with a diflerent 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 distance (feet) 65 knots More than more than or less 65 knots 65 knots

CLLVOR (final)...... - Direct______1000 T-dn...... 300-1 300-1 200-H C-dn...... 500-1 500-1 600-1H S-dn-10______400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Procedure turn S side of crs, 278° Outbnd, 098° Inbnd, 1500' within 10 miles. Minimum altitude over facility on final approach crs, 1000'. Crs and distance, facility to airport, 098°—2.5 miles. . „ T T .m -n If visual contact not established upon descent to authorized landing mimmums or if landing not accomplished within 2.5 miles after passing CEL VOR, climb to 1800' on R 096° within 20 miles of VOR. , „ __ „ MSA within 25 miles of facility: 000°-090°—1900'; 090°-180°—1600'; 180°-270°—1600'; 270°-360°—1700'. Citv College Station; State, Tex.; Airport name, Easterwood Field; Elev., 319'; Fac. Class., L-BVOR; Ident., CLL; Procedure No. 1, Arndt. 5; Eff. date, 10 Sept. 66; Sup. Arndt. No. 4; Dated, 3 Apr. 65

R 001°______Via 6-mile DME 2300 T-dn...... 300-1 300-1 300-1 Arc. C -d ...... 700-1 700-1 700-1H R 001° Via 6-mile DME 2300 C-n...... 700-2 700-2 700-2 Arc. A-dn...... NANANA VOR (final)...... - Direct...... 2300 Mmimums with DME: C -d_„...... 600-1 500-1 600-1)4 C-n...... 600-2 600-2 500-2

Procedure turn W side of crs, 001° Outbnd, 181° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 2300'; over 4-mile DME Fix, R 211°, 1288 . Crs and distance, facility to airport, 211°—8.2 miles. / . . , ,. ■. .... „ „ , .nmimTi „ . , ,,, If visual contact not established upon descent to authorized landing mmimums or if landing not accomplished within 8.2 miles.after passing JOT VOR, make left turn elimbing to 2300' and proceed direct to JOT VOR. N ote: Use Joliet, 111., altimeter setting. - ■ MSA within 25 miles of facility: 000°-090°—2500'; 090°-180°—2100'; 180°-270°—2100'; 270°-360°—2300'. Citv. Morris; State, Bl.; Airport name, Morris Municipal; Elev., 688'; Fac. Class., H-BVORTAC; Ident., JOT; Procedure No. 1, Arndt. 2; Eff. date, 10 Sept. 66; Sup. Arndt No. 1; Dated, 3 Apr. 65

R oafi° ...... Via 8-mile DME 2100 T-dn______300-1 300-1 200-14 Arc. C-dn...... 400-1 600-1 600-lA R 036°...... Via 8-mile DME 2100 S-dn-22#...... 400-1 400-1 400-1 Arc. A-dn...... 800-2 800-2 800-2 8-mile DME Arc, R 036o---_.— ______VOR (final)...... Direct______1400

Procedure turn N side of crs, 036° Outbnd, 216° Inbnd, 2100' within 10 miles. Minimum altitude over facility on final approach crs, 1400'. Crs and distance, facility to airport, 216°—3.2 miles. ‘ „ ...... „ „ „ . , . . , , If visual contact not established upon descent to authorized landing mimmums or if landing not accomplished within 3.2 miles after passmg CAP VOR, make right turn, climb to 2100* and proceed to CAP VOR. N ote: Final approach from holding pattern at VOR not authorized. Procedure turn required. _ #400-M authorized, with operative high-intensity runway lights; except for 4-engine turbojets. Reduction not authorized for REILs. MSA within 25 miles of facility: 060°-150°—2600,150°-240°—2000'; 240 -330°—2000'; 330°-060°—2000'. Citv. Springfield; State, 111.; Airport name, Capital; Elev., 593'; Fac. Class., H-BVORTAC; Ident., CAP; Procedure No. 1, Arndt. 11; Eff. date, 10 Sept. 66; Sup. Arndt. No. 10; Dated, 14 Aug. 65

AMP RBn RTF. VOR ...... _ Direct______1600 T-dn#...... 300-1 300-1 200-H RTF VOR (final) D irect....______- 1600 C-d...... 700-1 700-1 700-1)4 C-n...... 700-2 700-2 700-2 S-d-9*...... 700-1 700-1 700-1)4 S-n-9*...... 700-2 700-2 700-2 A-dn______800-2 800-2 800-2 If 6-mile DME of Radar Fix on R 063° received, the following minimums are authorized: C-dn...... 600-1 500-1 600-1H S-dn-9*______600-1 500-1 600-1

Radar available. Procedure turn S side of crs, 243° Outbnd, 063° Inbnd, 1600', within 10 miles. Minimum altitude over facility on final approach crs, 1600'; at 5-mile DME or Radar Fix on R 063°, 700'. Crs and distance, facility to airport, 063°—-8.7 miles; 5-mile DME or Radar Fix on R 063° to airport, 063°—3.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.7 miles after passing 5-mile DME or Radar Fix or 8.7 miles after passing PIE VOR, turn left, climb to 1600' and return direct to PIE VOR, or when directed by ATC, turn left, climb to 1500' and proceed direct to TP LOM. N ote: When authorized by ATC, DME orbits may be used from R 132° clockwise through R 334° within 8 miles at 1600' to position aircraft for a straight-in approach with the elimination of the procedure turn; Caution: 210' radio towers, 1 mile WSW of airport. f20O-lA absolute minimum for takeoff, Runway 27. * Reduction not authorized. MSA within 25 miles of facility: 000°-090°—1600'; 090°-180°—2200'; 180°-270°—1600; 270°-360°—1600'. City, Tampa; State, Fla.; Airport name, Tampa International; Elev., 27'; Fac. Class., H-BVORTAC; Ident., PIE; Procedure No. 1, Arndt. Orig.; Eff. date, 10 Sept. 66

FEDERAL REGISTER, VO L 31, NO. 161— FRIDAY, AUGUST 19/1966 11020 RULES AND REGULATIONS

VOR Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

YNTG v o r (final) ...... Direct______2200 T-dn...... 300-1 300-1 200-)4 C-dn 400-1 500-1 600-1)4 8-d-1R* 400-1 400-1 400-1 S-n-18*_____ 400-1 400-1 400-1)4 800-2 800-2 800-2

Procedure turn W side of crs. 003° Outbnd, 183° Inbnd, 2700' within 10 miles. Minimum altitude over facility on final approach crs, 2200'. Crs and distance, facility to airport, 183°—4.1 miles...... If visual contact not established upon descent to authorized landing mimmums or if landmg not accomplished within 4.1 miles after passing YNG VOR, make climbing right turn to 2700' returning to YNG VOR. Hold N, 1-minute right turns, 183° Inbnd. * Reduction based on lighting aids not authorized. MSA within 25 miles of facility: 090°-180°—3200'; 180°-090°—2800'. City. Youngstown; State, Ohio; Airport name, Youngstown Municipal; Elev., 1196'; Fac. Class., L-BVOR/DME; Ident., YNG; Procedure No. 1, Arndt. 7; Efl. date, 10 Sept. 66; Sup. Arndt. No. 6; Dated, 5 Feb. 66 3. By amending the following terminal very high frequency omnirange (TerVOR) procedures prescribed in § 97.13 to read: T erminal VOR 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 nautical miles unless otherwise indicated, except visibilities which are in statute miles...... If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, iininas an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the FederalAviation 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 distance (feet) 65 knots More than more than or less 65 knots 65 knots

OR1 VOR HSI VOR—...... Direct...... 3700 T-dn...... 300-1 300-1 300-1 C-dnA$._...... 600-1 600-1 600-1)4 S-dn-14A$...... 600-1 600-1 600-1 A-dn&$______800-2 800-2 800-2 Minimums with VOR/ADF eeeivers: C-dnA$______600-1 500-1 600-1)4 S-dn-14&$...... 400-1 400-1 400-1

Procedure turn W side of crs 328° Outbnd, 148° Inbnd, 370CK within 11 miles. Minimum altitude over Hansen Int on finsu approach crs %2554' (%2654' when control zone not effective). . . . Crs and distance, Hansen Int to Airport, 148^—5 miles; Hansen Int to VOR, 148°—5.2 miles; breakofl point to Runway 14,140°—0.6 mile. , If visual contact not established iupon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing HSI VO R, climb to 3700' on R 133° within 12 miles, make left turn'and return to HSI VOR. C aution: 2707' tower, 2.8 miles NNE of airport. __ _ , ...... N otes: (1) Use Grand Island altimeter setting when control zone not effective. (2) When instrument flight planned to N, NW, or NE, maintain runway heading, 140°-320° as appropriate until 3700' before departing on crs. (3) Lights operating on Runway 14r-32 only. AThese minimums apply at all times for those air carriers with approved weather reporting service. $Circling and straight-in ceiling minimums are raised 100' and alternate minimums not authorized when control zone not effective. MSA within 25 miles of facility: 315°-225°—3800'; 2250-315°—4300'. City, Hastings; State, Nebr.; Airport name, Hastings Municipal; Elev., 1954'; Fac. Class., T-BVOR; Ident., HSI; Procedure No. TerVOR-14, Arndt. 6; Eff. date, 10 Sept. 66; Sup. Arndt. No. 5; Dated, 13 Aug. 66

TO A RRn ______VOR...... - Direct______6200 T-dn%...... 300-1 300-1 200-)4 VOR Direct______6200 C-dn...... 500-1 600-1 500-1)4 VO R rfinal) _ Direct______5200 S-dn-2*...... 600-1 500-1 500-1 p t h VOR IDA VORl...... Via PIR , R 010° 7000 A-dn______800-2 800-2 800-2 and IDA, R 206°.

Radar available. .. „ , , . _ Procedure turn W side crs, 206° Outbnd, 026° Inbnd, 6200' within 10 miles. Nonstandard due to high terrain E. Minimum altitude over facility on final approach crs, 5200'. Crs and distance, breakofl point to Runway 2,021°—1 mile. . , , . _ - „ _T/._ , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing IDA VOR, climb to 7000' on R 013° within 10 miles, or when directed by ATC, within 0 mile after passing IDA VOR, turn left climbing to 7000' on R 196° of IDA VOR within 10 miles. * 500-V\ authorized, with operative high-intensity runway lights, except for 4-engine turbojet aircraft. % Takeoff all runways: Shuttle climb on R 196° of IDA VOR within 20 miles to minimum altitude required for direction of flight. Direction of flight MCA (feel) E, V-330...... 6400 MSA within 25 miles of facility: 000°-090°—9400'; 090°-180°—8600'; 180°-270°—7900'; 270°-360°—7000'. Citv. Idaho Falls; State, Idaho; Airport name, Fanning Field; Elev., 4739'; Fac. Class., L-BVOR; Ident., IDA; Procedure No. VOR-2, Amdt. 9; Efl. date, 10 Sept. 66; Sup. Arndt. No. 8; Dated, 28 May 66

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11021

T erminal VOR Standard Instrum ent Approach P rocedure— C o n tin u e d

Transition Ceiling and visibility minimums

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

T -d ...... 300-1 300-1 300-1 C -d ...... 600-1 500-1 500-1M S-d 31______500-1 500-1 500-1H A-d______NA NANA

Procedure turn E side of crs, 125° Outbnd, 305° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, *1943' (*2143' when Park Rapids altimeter setting not available). 1 FfvfsualTontaS’n’ ot established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of PKD VOR, make left-climbing turn to 3000' on R 125° PKD VOR within 10 miles. Caution: Runway unlighted. „ , . . N ote: When Park Rapids altimeter setting is not available, use Alexandria altimeter settmg. Circling and straight-m minimums are raised 200' when using Alexandria altimeter setting. . . . „ MSA within 26 miles of facility: 000°-090°—3400'; 090°-180®—2800'; l80°-270°—2000'; 270°-360°—3000'. City, Park Rapids: State, Minn.: Airport name, Park Rapids Municipal; Elev., 1443'; Fac. Class., L-RVOR; Ident., PKD; Procedure No. Ter VOR-31, Arndt. 2; Eff. date, 10 Sept. 66; Sup. Arndt. No. 1; Dated, 23 Oct. 65 4. 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 MSB. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , ? ... .. , „ , , . . . _ ■ . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, nniflsg 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— T o - altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

Direct______6000 T-dn%„ ...... 30(1-1 300-1 200-)^ 7-TnilA DMF, F ît, R 111° Direct______4500 C-dn______500-1 600-1 500-VA Direct______3800 A-dn______800-2 800-2 800-2 3-mile DME Fix, R 111°...... — ...... i.5-mile DME Fix, R 111°...... Direct______3358

Radar available. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 1.5-ffiileDME Fix, R .lll°, climb to 4200' on R 286°, within 10 m^ ^ E; whcn authorize

E lk o VORTAC...... — 049°—15 m iles_____ 8500 T-dn%_...... 1500-2 1500-2 1500-2 Film VO RT AO 061°—15 miles____ 8500 C-dn...... 1300-2 1300-2 1300-2 340°______10,000 A-dn______1500-2 1500-2 1500-2 E lk o VOR - ' ...... 340°...... - 7600 •ßlkn VOR 2-milfi DMF Fix, R 324° ______324°...... 6900

Procedure turn not authorized. _ „ ... M in im u m altitude over 10-mile DME Fix, R 160°—10,000'; over EKO VOR, 7,500'; over 2-mile DME Fix, R 324°—6900' on final approach crs. Crs and distance, facility to airport, 324*—4.1 miles; 2-mile DME Fix to airport, 324°—2.1 miles...... ^ . ___ _ . ... _ . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished Within 4.1 miles after passing EKO VOR, turn left and climb to 8500'on R 160° within 10 miles of EKO VOR. » . , .... „ , , . N ote: When authorized by ATC, DME may be used within 25 miles at 13,000' between R 135® clockwise to R 160 , and withm 10 miles at 10,000' between R 136 clockwise through R 270°, and within 10 miles at 13,000'between R 060° clockwise to R 135°, to position aircraft on final approach crs. .... %Takeofl Ml runways; climb clear of clouds over the Elko Airport until reaching 6600', continue climb direct to the Elko VORTAC then dimb on the 160 radial within 10 miles of EKO VORTAC to minimum altitude required for direction of flight, or as directed by ATC. Direction of flight MCA (feet) NE, V32N/494.______t______8300 E, V32___-...... 10,300 SE.V293— ______-______-__— 10,500 W, V32/494_..j.__— ...... - 7500 MSA within 25 miles of facility: 000”-090°—13,300'; 090°-180*—13,300'; 180°-270®—10,700'; 270°-360°—11,100'. City, Elko; State, Nev.; Airport name, Elko Municipal; Elev., 5135'; Fac. Class., BVORTAC; Ident., EKO; Procedure No. VOR/DME No. 1, Arndt. 2; Eff. date, 10 Sept. 66; Sup. Amdt. No. 1; Dated, 31 July 65

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 No. 161----- 8 11022 RULES AND REGULATIONS

VOR/DME ¡Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

TiAS VOR Direct...... 6000 T-dn % ...... 300-1 300-1 200-% Direct______6500 C-dn...... 500-1 500-1 500-1% 20.7-mile DME Fix, R 079...... Direct______6500 S-dn-25*...... 400-1 400-1 400-1 9ti 7-mil« OMR Fir R 079° Direct—...... -___ 5000 A-dn...... 800-2 800-2 800-2 7.6-mile DME Fix, 'R 079 (final)___— Direct..______4300 ■RITT) VOR Direct______5000 191 Q-milfl TIME Eir R 066° (Rids TnO 12.9-mile DME Fix^ R 079...... Via 12.9-mile 5000 DME Arc. \ s Radar available. Procedure turn not authorized. _ „ . ______. „ i. M in im u m altitude over 20.7-mile DME Fix, LAS, R 079°—6500'; over 13.6-mile DME Fix, LAS, R 079°—5000'; over 7.6-mile DME Fix, LAS, R 079°—4300'. Facility on airport. Breakoff point to runway, 1.1 miles—256°. . ,, ’ ^ ...... ' . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 1.6-mile DME Fix, R 079 , turn right, climb to 5000 via LASVOR, R 066° to Kids Int (12.9-mile DME Fix). ' -.* ____ . , , , . . . N ote- When authorized by ATC, DME may be used at 15 miles at 8000' altitude from LAS, R 030° clockwise to LAS, R 211°, to position aircraft for a straight-in approach. %Takeoff all runways: IFR departures must comply with published LAS SID’s, or as directed by ATC. *400-% authorized with operative high-intensity runway lights* except for 4-engine turbojet aircraft. MSA within 25 miles of facility: 030°-120°—6000'; 120o-210°—7300'; 210°300°-—12,000'; 300o-030°—9700'. Citv Las Vegas; State. Nev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., H-BVORTAC; Ident., LAS; Procedure No. VOR/DME No. 4, Arndt. 3; Eff. date, 10 Sept. 66; Sup. Arndt. No. 2; Dated, 23 July 66 ■ PROCEDURE CANCELED, EFFECTIVE 10 SEPT. 1966. Citv Tampa: State. Fla.; Airport name, Tampa International; Elev., 27'; Fac. Class., BVORTAC; Ident., PIE; Procedure No. VOR/DME No. 1; Amdt. 1; Eff. date, 25 Dec. 65; Sup. Amdt. No. Orig.; Dated, 25 Apr. 64 5. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard Instrument 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 miles unless otherwise indicated, except visibilities which are in statute miles. x , ...... , „ . . , . . . . . 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, nniasa 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 Minimum More than Course and 2-engine, From— T o - altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

PRO VOR l o m ...... —- Direct...... 1600 T-dn__..._____ 300-1 300-1 200-% LÒM (final)...... -___ Via localizer_____ 1200 C-dn______400-1 500-1 500-1% S-dn-17L*...... 200-% 200-% 200-% A-dn______600—2 600-2 600-2

Procedure turn W side N crs, 353° Outbnd, 173° Inbnd, 1600' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1200'. . „ * Altitude of glide slope and distance to approach end of runway at OM, 1157'—3.8 miles; at MM, 246 —0.6 mile. , ; . . „ . . 00 If visual contact not established upon descent to authorized landing minimums or if landmg not accomplished, turn left, climb to 1600 on BRO VOR, R 062 , within 15 miles, or when directed by ATC, climb to 1200' on 8 crs, ILS within 4.5 miles. *400-% required when glide slope not utilized. Citv Brownsville- State, Tex.: Airport name, Rio Grande Valley International; Elev., 22'; Fac. Class., ILS; Ident, I-BRO; Procedure No. ILS-17L, Amdt. 21; Eff. date, 10 Sept. 66; Sup. Amdt. No. 20; Dated, 6 Aug. 66

Direct______3000 T-dn** ____ 300-1 300-1 200-% Direct______3000 C-dn...... 400-1 500-1 500-1% Direct...... 3000 S-dn-5R*%___ 200-% 200-% 200-% Gilbert RBn (final) (7-mileDME Fix). Direct______2700 A-dn...;______600-2 600-2 600-2 Gilbert RBn______Via STG VOR, 3000 R 309° and ILS 5R front crs. Via CLE, R 072* 3000 and ILä 5R front crs.

Procedure turn SE side of crs, 234° Outbnd, 054° Inbnd, 2700' within 10 miles of Gilbert RBn. Crs and distance, Gilbert RBn to airport, 054°—6.8 miles. Minimum altitude at glide slope interception Inbnd, 2700'. ■...... , w Altitude of glide slope and distance to approach end of runway at OM, 1787'—3.5 miles; at MM, 966 —0.5 mile. _ . , _, ____ , „ - If visual contact not established upon descent to authorized landing minimums or if landing not accomplished make left-climbing turn to 300c, intercept and proceed Outbnd on Strongsville R 346° to Crib Int., hold SE, 1-minute right turns, 346° Inbnd. , . ,, _ Caution: Towers, 1971', approximately 6 miles ESE of airport. Poles, 818', 1175' out, 785' right of centerline, Runway 5R. , . N o t e : DME indication at Gilbert RBn, 7 miles, at OM, 3.7 miles. DME should ndt be used to determine aircraft position over MM, runway threshold or runway touch­ down point. DME located at glide slope site. - . , . . . „ *400-% required with glide slope inoperative. 400-% authorized with operative ALS except for 4-engine turbojet aircraft. **RVR—2000', 4-engine turbojet; 1800', other aircraft Runway 5R. , . , ...... %RVR—2000', 4-engine turbojet; 1800', other aircraft Runway 5R, descent below 992' not authorized unless approach lights/are visible. Citv Cleveland; State, Ohio; Airport name, Cleveland-Hopkins International; Elev., 792'; Fac. Class., ILS; Ident., I-CLE; Procedure No. ILS-5R, Amdt. 4; Eff. date, 10 Sept. 66; Sup. Amdt. No. 3; Dated, 2 July 66.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11023

ILS Standard I nstrument 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

Camp In t______McGregor Point RBn. Via S crs of ILS— 2700 T-dn#...... 300-1 300-1 200-% Harpoon Int______Camp Int______4000 C-dn 600-1 600-1 600-1% Keiki Int______Camp Int...______3000 300-% 300-% 300-% Target Int.,-...____ Camp Int...... _____ 4000 700-2 700-2 700-2 OGG VOR...... McGregor Point RBn. Direct______6500 McGregor Point RBn Keiki Int$__._._____ Direct______5000

Procedure turn not authorized. Straight-in from McGregor Point RBn only. Crs, McGregor Point RBn to airport, 024°. Altitude of glide dope and distance to approach end of runway at McGregor Point RBn, 2700'—8.2 miles; at OM, 1205'—3.5 miles; at LMM, 289'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 3000' on OGG VOR, R 027“, reverse crs, climb to 6000' and return to VOR, or when directed by ATC (1) climb to 7000' on OGG VOR, R 027“, reverse crs and return to VOR, or (2) climb to 1500' on OGG VOR, R 340°, turn left, continue climb to 6000' and proceed to Porpoise Int. Caution: (1) Precipitous terrain W of McGregor Point RBn. Turbulence and changes of wind direction may be encountered. (2) 570' tower, 4 miles W of airport; 252' stacks, 1.6 miles SW on final. (3) Approach lights not installed. (4) Glide slope unusable below 289'. (5) Back crs unusuable. $Reverse crs to N or S. “When glide slope not utilized do not descend below 1700' until 3 miles past McGregor Point RBn and minimums are 600-1. #Takeofl minimums, Runways 23,20, and 17 are 600-1, and all aircraft must cross airport under visual conditions prior to departing on crs. All IF R aircraft must comply with published Kahului SID’s. City, Kahului, Maui; State, Hawaii; Airport name, Kahului; Elev., 57'; Fac. Class., ILS; Ident., I-OOG; Procedure No. ILS-2, Arndt. 4; Elf. date, 10 Sept. 66; Sup. Amdt. No. 3; Dated, 10 Apr. 65

MKC VO R 2600 T-dmf...... - 300-1 300-1 200-% MC TiOM 2600 C-dn...... 500-1 600-1 500-1% Direct______2200 400-1 400-1 40Ò-1* A-dn______800-2 800-2 800-2

Procedure turn W side of crs, 005° Outbnd, 185° Inbnd, 2600' within 10 miles of Platte City Int. Minimum altitude over Platte City Int on final approach crs, 2200'. Crs and distance, Platte City Int to airport, 185°—3,7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.7 miles after passing Platte City Int, climb to 2600' on S crs, ILS. proceed to MC LOM. N ote: (1) No glide slope. (2) Radar identification of Platte City Int authorized. #RVR—2400' authorized Runway 36. @400-% authorized with operative high-intensity runway lights, except for 4-engine turbojets. City, Kansas City; State, Mo.; Airport name, Mid-Continent International; Elev., 1011'; Fac. Class., ILS; Ident., I-MCI; Procedure No. ILS-18 (back crs), Amdt. 4; Eft. date» 10 Sept. 66; Sup. Amdt. No. 3; Dated, 30 Oct. 65

MKC V O R ,— — MC LOM _r______Direct______2600 T-dn##_...... 300-1 300-1 200-% Farley Int______MC LOM...... — Direct______2600 C-dn _____ 600-1 500-1 600-1% Lansing Int:______MC LOM Direct______2600 S-dn-36@# —. 280-% 200-% 200-% Bonner Springs Int. MC LOM______Direct______2600 600-2” 600-2* 600-2 Camden Int_____ MC LOM 2600 BSP VOR___—- MC LOM...... Direct...... 3000

Radar available. Procedure turn W side of crs, 185° Outbnd, 005“ Inbnd, 2600' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2500'. Altitude of glide slope and distance to approach end of runway at OM, 2470'—4.4 miles; at MM, 1239'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing MC LOM, climb to 2800' on N crs, MCI localizer and proceed to Camden Int, or when directed by ATC, turn left climbing to 2600' on S crs of localizer within 10 miles of LOM, make right turn and return to LOM. @400-% required when glide slope not utilized. Reduction below % mile (RVR—40000 not authorized. #RVR, 2400': Descent below 1211' not authorized unless approach lights are visible. ##RVR, 2400': Authorized Runway 36. City, Kansas City; State, Mo.; Airport name, Mid-Continent International; Elev., 1011'; Fac. Class., ILS; Ident., I-MCI; Procedure No. ILS-36, Amdt. 4; Eff. date, 10 Sept. 66; Sup. Amdt. No. 3; Dated, 30 Oct. 65

Channel VHF Int. LOM___ ...... ———„ Direct 1300 T-dn* 300-1 300-1 200-% Channel VHF Int. Via JFK VOR, 1500 C-dn. 600-1 600-1 600-1% R 189° and SB J S-dn-4R**...... 200-% 200-% 200-% VOR, R 114". A-dn______600-2 600-2 600-2 Narrows VHF Int. LOM (final)...... — Direct______1300

Radar available. Procedure turn S side of crs, 222® Outbnd, 042° Inbnd, 1300' within 10 miles of LOM. Minimum altitude at glide slope interception Inbnd, 1300'. Altitude of glide slope and distance to approach end of runway at OM, 756'—2.7 miles; at MM 211'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.7 miles after passing LOM, climb straight ahead to 500' then make a climbing right turn to 3000' on JFK, R 077° to Deer Park VOR. Hold E, 1-minute left turns, Inbnd crs, 257“. Caution: DME indication at 1300' altitude/glide slope interception 4.9 miles; at OM, 2.8 miles, at MM, 0.75 mile. DME should not be used to determine aircraft position over MM, runway threshold or runway touchdown point. *RVR Runways 4R, 22L, 2000*, 4-engine turbojet. 1800' other aircraft. RVR Runway 31L. 2000'. RVR, 31R, 2400'. '“RVR, 2000', 4-engine turbojet. 1800' other aircraft. Descent below 212' not authorized unless ALS visible. City, New York; State, N.Y.; Airport name, John F. Kennedy, International; Elev. 12'; Fac. Classy-ILS; Ident., I-JFK; Procedure No. ILS-4R, Amdt. 12; Eft. date, 10 Sept. 66; Sup. Amdt. No. 11; Dated, 18 June 66

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11024 RULES AND REGULATIONS

IL S Standard instrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

LGA R 100°___-'- 2000 T-dn*...... 300-1 300-1 200-13 OM (final) ____...... -...... Direct...... —- 1700 C-dn______600-1 600-1 600-1J3 ÒM ...... -...... Direct...... 1900 S-dn-22L%**„.. 200-13 200->3 200-13 A-dn______600-2 600-2 600-2

P ro c u re tu m E side of NE crs, 042° Outbnd, 222° Inbnd, 1900' within 10 miles of OM. Minimum altitude at glide slope interception Inbnd, 1700'. - - „ .. . , , , , 010, „ ß o n , climb I» m r « a u .head. m (I‘Vr SfcSS™ " ÎhSgUd^» nÄüteed* ®K°<®™ ^TO^ 0rt, ^ ^ or ç | | e, i i s b S S i>t ** 4'“ *l"c turt” lel aircra,t- ■KS’ΠS «PÄ Ä Ä ISf 2lÄ ? Ä S d 3!äÄ L s'vM bif ’“i^ v a ita l. on Eim w 22B 10, tek»« and lundi«. Citv New York- State, N.Y.; Airport name, John F. Kennedy International; Elev., 12'; Fac. Class., ILS; Ident., I-IWY; Procedure No. ILS-22L, Arndt. 14; Eft. date, vniy, «ew > 10 gept. 66; Sup. Arndt. No. 13; Dated, 18 June 66

2000 T -dn*.„...... 300-1 300-1 200-H Deer Park VOR JFK, R 077° to 2000 C-dn...... 600-1 600-1 600-113 Deer Park VOR 11.5-miles clock- S-dn-31R%**— 300-Ji 300-Ji 300- wise arc. A-dn...... 600-2 600-2 600-2 2000 Channel Int___ Direct______Carol Int—.______JFK, R 189° to 2000 Channel Int___ 11.5-miles coun- terclockwise arc. 1600 Carol Int------T,OM (final) ______Direct______Kennedy VOR- LÓM...... Direct______1600

P r^ d u re tu rn S side of SE crs, 131° Outbnd, 311° Inbnd, 1600' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1600'. • „ m n K l ^ n t S t W t o t o S t accomplishedwithin 5.6 miles after passing LOM, climb straight ahead to 500', make climbing left turn to 2000' on JFK , R 189° to Channel Int. Hold S, 1-minute right turns, Inbnd crs, 009 . «R rnw ay vteuM ^^|e!e4000' also authorized for landing on Runway 31R in lieu of % mile visibility provided that all components of the ILS and all related airborne eQUS l S M h S S S W f S S X ^ f f i S : 40(H i (RVR 4000') authorized with operative H IM ,, except for ^ n g in e turbojet aircraft. *RVR Runways 4R, 22L. 2000', 4-engine turbojet. 180(y other aircraft. RVR Runway 31L, 2000'. RVR 31R, 2400'. ^ City, New York; State, N. Y.; Airport name, John F. Kennedy International^ Elev., Ident-’I-RTH; Procedure No-11-8-3111» Arndt. 5; Eft. date, 10 Sept.

2200 T-dn@—_____ 300-1 300-1 200-13 Marion In t...... 2000 C-dn**...... 500-1 600-1 600-113 Rochester VOR 7,0111 ______Direct______2000 S-dn-28%*...... 200-13 200- 200-13 Fishers I n t.___ A-dn#...... 600-2 600-2 600-2

P r^ d u r e turn6!! side E crs, 097° Outbnd, 277° Inbnd, 2000' within 10 miles of LOM. Minimum altitude at glide slope interception Inbnd, 2000'. ta J S k make ^hwltabi« tamto 3 0 « « » . R 298-of RochesterVOR^proce^ taSpencCTport Int. Hold W, 1-minute left turns, 118° Inbnd, or when directed by ATC, make left-climbing turn to 3900', proceed to Geneseo VO R, hold SE, 1-minute, right turns, 333° Inbnd. ■, ,, _ . - .. t nt C arrier N ote: Takeoff on Runway 12 and landing on Runway 30 not authorized. ■ _ ... _ .. Caution: (1) Multiple unshielded lights in final approach area. (2) Glide slope unusable below 760'. (3) Back crs unusable. %2400' RVR. Descent below 760' not authorized unless approach lights are visible. •Circling minimums applicable with glide slope inoperative. »♦Minimum altitude 1300'over MM with glide slope inoperative. . OAA 0 #A11 installed components of the ILS must be operating otherwise alternate minimums of 800-2 apply. @RVR, 2400' authorized Runway 28. City, Rochester; State, N.Y.; Airport name, Rochester-Monroe County; Elev., 56tf; I~R0C ; Procedure No- ILS~28,Amdt- 15; Bfl- date*10 Sept

LOM. Direct. 2200 T-dn______300-1 300-1 200-13 C A P VOR.. 2200 C-dn...... 400-1 600-1 500-113 Waverly Int. LOM. Direct. LOM. Direct. 2600 S-dn-4#...... 200-13 200-13 200-13 Dawson Int. 2200 A-dn______600-2 600-2 600-2 Tallula Int-. LOM. Direct. /

Procedure turn S side of crs, 218° Outbnd, 038° Inbnd, 2200' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2100'.

Note: m en authorized by ATCTd m E may be used to position aircraft on final approach crs via 15-mile DME Arc from CAP VORTAC Detween a iuo clockwise to R 265° at 2200' with elimination of procedure turn...... , l f , #400-Ji required when glide slope not utilized; reduction below M mile not authorized for ALH. City Springfield; State, 111.; Airport name, Capital; Elev., 593'; Fac. Class,, ILS; Ident., I-SPI; Procedure No. ILS-4, Amdt. 12; Eft. date, 10 Sept. 66; Sup. Amdt. No. 11; 3 ’ * ’ Dated, 14 Aug. 65

FEDERAL REGISTER, VOL. 31, NO. 161-—FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11025

ILS Standard I nstrument Approach P rocedure—C ontinued

Transition Celling and visibility minimums

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

SP LOM Direct.!__ . ____ 2100 T -d n ...___ —. 300-1 300-1 200-% CA P VOTt Direct.,.______2100 C-dn.-__--.i-— 400-1 500-1 500-1% S-dn-22#...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Procedure turn N side of crs, 038° Outbnd, 218 Inbnd, 2100' within 10 miles of Sherman Int. Minimum altitude over facility on final approach crs, 1400'. Crs and distance, facility to airport, 218°—3.2 miles. ' » ! , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.2 miles after passing Sherman Inti climb to 2200' and proceed to SP LOM. , N otes: (1) Dual VOR receivers required. (2) Approach from VOR holding pattern not authorized. Procedure turn required. (3) When authorized by ATC, DME may be used to position'aircraft on final approach crs via 8-mile DME Arc from CAP VORTAC between R 265° dockMse to R 101° at 2100' with elimination of procedure turn. #400-% authorized with operative hith-inlerrily lcnvuy lights, except fcr 4-erg r.t trilc.etf. IccEtticri Ect tullcrized fcr r.cnfttndtrd LUIS City, Springfield: State, 111.: Airport name, Capital; Elev., 593'; Fac. Class., ILS; Ident., I-SPI; Procedure No. ILS-22 (back crs), Arndt. 4; Eff. date, 10 Sept. 66; Sup. Arndt. No. 3; Dated, 14 Aug. 65 These procedures shall become effective on the dates specified therein. These amendments are made under the authority of Secs, 307(c), 313(a), 601 of the Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a) , 1421; 72 Stat. 749,752, 775. Issued in Washington, D.C., on August 4,1966. Edward C. H odson, Acting Director, Flight Standards Service. [F.R. Doc. 66-8678; Filed, Aug. 18,1966; 8:45 a.m.]

those whose practices are subject to the (c) Tire description. (1) The pur­ Title 16-COMMERCIAL jurisdiction of the Commission. Pro­ chase of tires for a motor vehicle is an ceedings to enforce the requirements of extremely important matter to the con­ law set forth in the Guides may be_ sumer. Not only are substantial eco­ PRACTICES brought under the Federal Trade Com ~ nomic factors involved, but in most Chapter I— Federal Trade mission Act (15 U.S.C., sees. 41-58); instances the purchaser will entrust the Commission . Briefly stated, the Act makes it illegal safety of himself and others to the per­ for one to engage in “unfair methods of formance of the product. PART 14— ADMINISTRATIVE competition in commerce and unfair or (2) To avoid being deceived, the con­ INTERPRETATIONS deceptive acts or practices in commerce.” sumer must have certain basic informa­ Tire Advertising and Labeling Guides The Guides were published on August tion. Certain of this inf ormation should 19, 1966, and become effective February be provided before the purchaser makes Statement "by the Commission. These 19, 1967, except Guide 15 which became his choice but other is essential through­ Guides represent the most recent action effective May 10, 1966. They supersede out the life of the tire. in the lengthy history of the Commis­ the Tire Advertising Guides adopted May (i) Disclosure before the sale. The sion’s concern with practices employed 20, 1958, as amended April 3, 1964. following information should be dis­ in the marketing of automotive tires. Inquiries and requests for copies of the closed in point of sale material which is Because of the nature of these practices Guides should be directed to the Bureau prominently displayed and of easy and the large segment of the American of Industry Guidance, Federal Trade access, on the premises where the pur­ public affected thereby, the Commission Commission, Washington, D.C. 20580. chase is to be made in order to apprise considers this to be an extremely impor­ § 14,3 Tire advertising and labeling the consumer: tant area in which consumer protection . (a) Load-carrying capacity of the is needed. The Guides are designed to guides. (a) “Industry Product’ and “Industry tire. This information is essential to afford both guidance to tire marketers assure the purchaser that the tires he and consumer protection to the full ex­ Member” defined. As used in this Sec­ tion, the terms “Industry Product” or selects are capable of safely carrying the tent of the Commission’s authority. intended load. This information should Proceedings leading to the adoption of “Product” shall mean pneumatic tires for use on passenger automobiles, station consist of the maximum load-carrying the Guides, which included 3 days of capacity as related to various recom­ public hearings, were initiated by the wagons, and similar vehicles, or the ma­ mended air pressures and may include Commission upon its own motion. The terials used therein. The term “Indus­ try Member” shall mean: All persons or data which indicates the effect such vary­ practices which were the subjects of ing pressures will have on the opera­ these proceedings included the areas of firms who are engaged in the manufac­ ture, sale or distribution of industry prod­ tion of the automobile. All such infor­ tire safety, grade, quality, guarantees, mation shall be based on actual tests deceptive pricing and related matters. ucts as above defined whether under the utilizing adequate and technically sound On the basis of the information devel­ manufacturer’s or a private brand; and procedures. The test procedures and re­ oped during the proceedings, proposed the manufacturers of passenger auto­ sults shall be in writing and available for Tire Advertising and Labeling Guides, inspection. excepting Guide 15 relating to deceptive mobiles, station wagons, and similar ve­ pricing, were published (31 F.R. 4303) hicles for which industry products are (b) Generic name of cord material. provided as original equipment. Different cord materials can have per­ and the comments and suggestions of formance characteristics that will affect interested persons invited. At the same (b) Use of guide principles. The fol­ the consumer’s selection of tires. These time Guide 15 was issued in final form lowing general principles will be used various characteristics are widely ad­ (31 F.R. 4293). After full consideration in determining whether terminology and of all comments received concerning the vertised, and the consumer is aware of proposed Guides, the Commission adopt­ other direct or indirect representations the distinctions. Without a disclosure ed the Guides in their present form. subject to the Commission’s jurisdiction of the generic name of the cord ma­ The Guides are intended to encourage regarding industry products conform to terial, the consumer is unable to consider voluntary compliance with the law by laws administered by the Commission. this factor in his purchase.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11026 RULES AND REGULATIONS (c) Actual number of plies. Con­gest that a system of quality standards placing in the hands of. others a means and sumers have preference for industry or grading does in fact exist. Typical of instrumentality for the creation by them of a false and deceptive impression with respect products of a stated type of construc­ such terminology are the expressions to the comparative quality of products made tion (e.g., 2 ply v. 4 ply). Without ade­ “line,” “level,” and “premium.” The by that manufacturer. quate disclosure the consumer is denied exact meaning of such terminology may the basis for considering this factor in vary from one industry member to an­ [Guide 33 his selection. other. Therefore, the “1st line” or “100 (f) Original equipment. Original equipment tires are understood to mean No t e : Where the tire is of radial construc­ level” or “premium” tire of one industry tion the ply count disclosure will he satisfied member may be grossly inferior to the the same brand and quality tires used by the statement “radial ply.” “1st line” or ‘TOO level” or “premium” generally as original equipment on new tire of another member since in the ab­ current models of vehicles of domestic (ii) Disclosure on the tire. The fol­ sence of an accepted system of grading manufacture. A tire which was former­ lowing information should be clearly dis­ or quality standards, each member can ly but is not currently used as “Original closed in a permanent manner on the determine what “line,” “level,” or “prem­ Equipment,” should not be described as outside wall of the tire: ium” classification to attach to a tire. “Original Equipment” without clear and (a) Size. Size is extremely important (2) The consumer does not under­ conspicuous disclosure in close conjunc­ not only to insure that the tire will fit stand the significance of the absence of tion with the term, of the latest actual the vehicle wheel, but because it also is accepted grading or quality standards year such tire was used as “Original a determining factor as to the load-car­ and is likely to assume that the expres­ Equipment.” [Guide 43 rying capacity of the vehicle. sions “line,” “level,” and “premium” (g) Comparative quality and perform­ (b) Whether tire is tubeless or tube connote valid criteria. Since the con­ ance claims. Representations and claims type. sumer is likely to misinterpret the mean­ made by industry members that their (c) Actual number of plies. ing of such terminology, he may be de­ products are superior in quality or per­ N o t e : Where the tire is of radial construc­ ceived into purchasing an inferior prod­ formance to other products should not tion the ply count disclosure will be satis­ uct because it has been given such desig­ be made unless: fied by the statement “radial ply.” nation. (1) The representation or claim is (iii) Other disclosures.—(a) Generic (3) In the absence of an accepted sys­ based on an actual test utilizing adequate name of cord material used in ply. A tem of grading or quality standards for and technically sound procedures of the disclosure of the generic name of the industry products, it is improper to rep­ performance of the advertised product cord material used in the ply of the tire resent, either through the use of such and of the product with which it is com­ should be made on a label or tag prom­ expressions as “line,” “level,” “premium” pared; the test procedure, results of inently displayed on the tire itself, and or in any other manner, that such a sys­ which are in writing and available for affixed in such a fashion that it cannot tem exists, unless the representation is inspection; and be easily removed prior to sale. accompanied by a clear and conspicuous (2) The basis of the comparison is (b) Load-carrying capacity and in­disclosure: clearly stated and the comparison is flation ‘pressure. One of the most im­ (i) That no industrywide or other ac­ based on identical conditions of use. portant factors in obtaining tire per­ cepted system of quality standards or Dangling comparatives should not be formance is proper care and use. In­ grading of industry products currently used. cluded in such care is inflating the tire exists, and (3) Claims or representations that one to the required level as related to load­ (ii) That representations as to grade, tire is comparable or identical to another carrying capacity and use. To insure line, level, or quality, relate only to the should not be used unless the advertiser that such pressures are maintained by private standard of the marketer of the is able to establish that such tires are the user and the tire is not overloaded tire so described (e.g., “XYZ first line”) . comparable not only as respects the beyond its safe capacity, a table or chart (4) Additionally, products should not molds in which the tires are made, but should be provided for retention by the be described as being “first line” unless also as respects all significant materials purchaser. This will apprise the pur­ the products so described are the best used in their construction. [Guide 53 chaser of the load-carrying capacity of products, exclusive of premium quality (h) Ply count, plies, ply rating. A ply the tires as related to the range of rec­ products embodying special features, of is a layer of rubberized fabric contained ommended air pressures and use. It may the manufacturer or brand name dis­ in the body of the tire and extending also supply data which indicate the ef­ tributor applying such designation. from one bead of the tire to the other fect such varying pressures will have on [Guide 21 bead of the tire. The consumer is inter­ the operation of the automobile. (e) Deceptive designations. In theested in, and is entitled to know, certain advertising or labeling of products, in­ information in regard to plies in tires. N o te: Automobile manufacturers who pro­ dustry members should not use designa­ vide tires as original equipment with new However, a great deal of terminology automobiles should incorporate such infor­ tions for grades of products they offer connected with plies which is utilized in mation in the owner’s manual given to new to the public: advertising has the tendency to confuse car purchasers. To permit the car owner (1) Which have the capacity to de­ and deceive the public and is accordingly to calculate for himself the proper size tires ceive purchasers into believing that such inappropriate. for his car, the owner’s manual should also products are equal or superior to a better (1) It is improper to utilize any state­ contain the following information: (1) The grade or grades of their products when ment or depiction which denotes or im­ curb weight of the empty vehicle, and the such conclusion would be contrary to distribution of the weight, in pounds, on plies that tires possess more plies than each tire; (2) The total weight of the ve­ fact (for example, if the “first line” tire they in fact actually possess. Phrases hicle when loaded to its designed capacity of a manufacturer is designated as such as “Super 6” or “Deluxe 8” as de­ (e.g., for a six passenger car, the weight of “Standard,” “High Standard,” or “De­ scriptive of tires of less than 6 or 8 plies, the car when loaded with six passengers luxe High Standard,” the tires of that respectively, should not be used. and 240 pounds of baggage) and the distri­ manufacturer which are of lesser qual­ (2) The actual number of plies in a bution of such weight, in pounds, on each ity should not be designated or described tire is not necessarily determinative of tire. as “Super Standard,” “Supreme High the ultimate strength, performance or [Guide 13 Standard,” “Super Deluxe High Stand­ quality of the product. Variations in the (d) Designations of grade, line, level, ard,” or “Premium”) , or amount and type of fabric utilized in the or quality. (1) There exists today no (2) Which are otherwise false or mis­ ply and other construction features of industrywide, government or other ac­ leading. . the tire will determine the ultimate cepted system of quality standards or No te: When a manufacturer applies a strength, performance or quality of the designation to a product which falsely rep­ grading of industry products. Within resents or implies the product is equal or product. Through variations in these the industry, however, a variety of trade superior in quality to its better grade or construction aspects, a tire of a stated terminology has developed which, when grades of products, it is responsible for any number of plies may be inferior in used in conjunction with consumer resulting deception whether it is a direct strength, quality, and performance to transactions, has the tendency to sug- result of the designation or a result of the another tire of lessor actual ply count.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11027

Accordingly, it is improper to represent is utilized in the construction of a tire, it (n) Pictorial misrepresentations. (1) in advertising, or otherwise, that solely is superior to tires constructed with other It is improper to utilize in advertising, because a product has more plies than types of cord material. Such advertising any picture or depiction of an industry another, it is superior. is deceptive for it creates that impression product other than the product offered (3) (i) The expression “ply rating” asin the consumer’s mind whereas in fact it for sale. Where price is featured in ad­ used in the trade is an index of tire does not take into consideration the other vertising, any picture or depiction uti­ strength. Each manufacturer, however, variable aspects of tire construction. lized in connection therewith should be has his own system of computing “ply (4) When the type of cord material is the exact tire offered for sale at the rating.” Thus, a product of one indus­ referred to in advertising, it must be advertised price. try member of a stated “ply rating” is made clear that it is only the cord that is (2) For example, it would be improper not necessarily of the same strength as of the particular material and not the to depict a white side wall tire with a the product of another member with the entire tire. For example, it would be im­ designated price when the price is ap­ identical rating. While the expression proper to refer to a product as “Nylon plicable to black wall tires. Such prac­ “ply rating” may have significance to in­ Tire.” The proper description is “Nylon tice would be improper even if a dustry members, in the absence of a pub­ Cord Tire.” Similarly, when the manu­ disclosure is made elsewhere in the licized system of standardized ratings, facturer of the cord material is men­ advertisement that the featured price is the use of such expressions in connection tioned, it should be made clear that he not for the depicted whitewalls. [Guide with sales to the general public may be did not manufacture the tire. For ex­ 12] deceptive. ample, a tire should be described as (o) Racing claims. (1) Advertising in (ii) To avoid deception, the expression “Brand X Nylon Cord Material” and not connection with racing, speed records, "ply rated” or “ply rating” or any simi­ “Brand X Nylon Tire.” or similar events should clearly and con­ lar language should not be used unless (5) Cord material should be identified spicuously disclose that the tires on the said claim is based on actual tests utiliz­ by its generic name when referred to in vehicle are not generally available all ing adequate and technically sound pro­ advertising. [Guide 71 purpose tires, unless such is the fact. cedures, the results of which are in writ­ (j) “Change-overs,” “New car take (2) The requirement of this para­ ing and available for inspection. Fur­ offs,” etc. Industry products should not graph (o) is applicable also to special ther, certain disclosures must be made be represented as “Change-Overs” or purpose racing tires, which although when such expressions are used in con­ “New Car Take Offs” unless the products available for such special purpose, are nection with consumer transactions. so described have been subjected to but not the advertiser’s general purpose (iii) When ply rating is stated on the insignificant use necessary in moving product. tire itself, it must be accompanied in new vehicles prior to delivery of such (3) Similarly, designations should not immediate conjunction therewith, and vehicles to franchised distributor or re­ be utilized in conjunction with any in­ in identical size letters, the disclosure of tailer. “Change-Overs” or “New Car dustry product which falsely suggest, di­ the actual ply count. In addition, there Take Offs” should not be described as rectly or indirectly, that such product is must be a tag or label attached to the new. Advertisments of such products the identical one utilized in racing events tire or its packaging, of such perma­ should include a clear and conspicuous or in a particular event. [Guide 13] nency that it cannot easily be removed disclosure that “Change-Overs” or “New (p) Bait advertising. (1) Bait ad­ prior to sale to the consumer, which tag Car Take Offs” have been subjected to vertising is an alluring but insincere or label contains a clear and conspicuous previous use. [Guide 81 offer to sell a product which the adver­ disclosure (a) that there is no industry­ (k) Retreaded and used tires. Adver­ tiser in truth does not intend or want to wide definition of ply rating; and (b) of tisements of used or retreaded products sell. Its purpose is to obtain leads as to the basis of comparison of the claimed should clearly and conspicuously disclose persons interested in buying industry rating. (For example, “2-ply tire, 4-ply that same are not new products. Unex­ products and to induce them to visit the rating means this 2-ply tire is equivalent plained terms, such as “New Tread,” member’s premises. After the person to our current or most recent 4-ply nylon “Nu-Tread” and “Snow Tread” as de­ visits the premises, the primary effort is cord tire.”) scriptive of such tires do not constitute to switch him from buying the adver­ (iv) When ply rating is used in ad­ adequate disclosure that tires so de­ tised product in order to sell something vertising or in other sales or promotional scribed are not new. All such tires else, usually at a higher price. materials, in , addition to the disclosure should be clearly designated as “retreads” (2) No advertisement containing an of actual ply count as indicated, it must or “retreaded.” [Guide 91 offer to sell a product should be pub­ be accompanied by the disclosure; (a) (l) Disclosure that products are ob­ lished when the offer is not a bona fide That there is no industrywide definition solete or discontinued models. Adver­ effort to sell the advertised product. of ply rating; and (i>) of the basis of tisements should clearly and conspicu­ Among the acts and practices which will comparison of the claimed rating. (For ously disclose that the products offered be considered in determining if an ad­ example, “2-ply tire, 4-ply rating means are discontinued models or designs or vertisement is bona fide are: this 2-ply tire is equivalent to our cur­ are obsolete when such is the fact. (i) The advertising of a product at a price applicable only to unusual or off rent or most recent 4-ply nylon cord Note: The words “model” and “design” tire.”) [Guide 6] used in connection with tires include width, size tires or for special purpose tires; (1) Cord materials. (1) The fabric depth, and pattern of the tread as well as (ii) The refusal to show or sell the other aspects of their construction. product offered in accordance with the that is utilized in the ply is known as the terms of the offer; cord material. The use of a particular [Guide 101 (iii) The failure to have available at type of cord material may be determined (m) Blemished, imperfect, defective, all outlets listed in the advertisement a by the use to which the tire will be placed. etc. products. Advertisements of pro­ sufficient quantity of the advertised One type of cord material may provide ducts which are blemished, imperfect, or product to meet reasonably anticipated one desired characteristic, but not be which for any reason are defective, demands, unless the advertisement used because of other characteristics should contain conspicuous disclosure of clearly and adequately discloses that the which may be unfavorable. that fact. In addition, such products supply is limited and/or the merchandise (2) The type of cord material utilized should have permanently stamped or is available only at designated outlets; in a tire is not necessarily determinative molded thereon or affixed thereto and to (iv) The disparagement by acts or of its ultimate quality, performance or the wrappings in which they are encased, words of the advertised product or the strength. Through variations in the a plain and conspicuous legend or state­ disparagement of the guarantee, credit denier of the material, the amount to be ment to the effect that such products are terms, or in any other respect in con­ used and other construction aspects of blemished, imperfect, or defective. Such nection with it; the tire, the ultimate quality, perform­ markings by a legend such as “XX” or by (v) Use of a sales plan or method of ance, and strength is determined. a color marking or by any other code compensation for salesmen or penaliz­ (3) It is improper to represent in ad­ designation which is not generally un­ ing salesmen, designed to prevent or dis­ vertising, or otherwise, that solely be­ derstood by the public are not considered courage them from selling the advertised cause a particular type of cord material to be an adequate disclosure. [Guide 11] product. [Guide 14]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11028 RULES AND REGULATIONS

(q) Deceptive pricing—(1) Formerchasers to mean that the represented (iii) However, an advertiser is not price comparisons. One form of adver­ bargain is a reduction or saving from the precluded from offering specific savings tising in the replacement market is the price being charged by representative re­ from the lowest price at which he has offering of reductions or savings from tail outlets for the same tires at the time actually sold tires, provided that the the advertiser’s former price. This type of the advertisement. advertising clearly states that the offered of advertising may take many forms, of (iii) If a tire manufacturer decides to savings are a reduction from the lowest which the following are examples: conduct a promotion of a particular tire, previous selling price and not from the reduces the price in his wholly owned advertiser’s regular selling price. Formerly $______—Reduced to $------stores and independent dealers follow the (5) No trade-in prices, (i) The most 50% Off—Sale Priced at $------promotion price, the “sale” price has be­ common device used in advertising is to Such advertising is valid where the basis come the retail price in the area and it offer a purported reduction or savings of comparison, that is, the price on which would be deceptive to represent that this from a so-called “no trade-in” price. the represented savings are based, is the “sale” price is reduced from that charged Prospective purchasers are entitled to actual bona fide price at which the ad­ by others. In most circumstances where believe this to mean that they would vertiser recently and regularly sold the a promotion is sponsored by the manu­ realize a savings from the price they advertised tire to the public for a rea­ facturer and is followed by the wholly would have had to pay for the tire prior sonably substantial period of time prior owned stores and most of the independ­ to the “Sale,” either in cash or in cash to the advertised sale. However, where ent dealers in the area, such trade area plus the fair value of a trade-in tire. the basis of comparison (i) is not the ad­ price comparisons would be improper. If this is not true, purchasers are de­ vertiser’s actual selling price, (ii) is a (iv) A trade area price comparison ceived. Where a significant number of price which was not used in the recent would be valid where an individual sales in relation to a seller’s total sales past but at some remote period in the dealer, acting on his own, decides to is not made at the so-called “no trade- past, or (iii) is a price which has been lower the price of a tire significantly be­ in” price and such price appreciably used for only a short period of time and a low that being charged by others in his exceeds the price purchasers would reduction is claimed therefrom, the area. In this situation, he would be normally pay the seller (including the claimed savings or reduction is fictitious honestly offering a genuine reduction fair value of any trade-in), use of the and the purchaser deceived. Following from the price charged by others in his price as a basis for claiming a reduction are examples illustrating the applica­ area. or savings would be deceptive and con­ tion of this provision: (v) When using a retail price compari­ trary to this section. son great care should be exercised to (ii) Representations of high trade-in Example 1. Dealer A advertises a tire as allowances are sometimes used in combi­ follows: “Memorial Day Sale—Regular price make the advertising clear that the basis of tire, $15.95—Reduced to $13.95.” During of the reduction or saving is the price nation with fictitious “no trade-in” the preceding 6 months Dealer A has con­ being charged by others and not the ad­ prices to deceive purchasers. These ducted numerous “sales” at which the tire vertiser’s own former selling price. may take the form of direct representa­ was sold in large quantities at the $13.95 (3) Substantiality of reduction or sav­ tions that a specified amount (usually price. The tire was sold at $15.95 only dur­ ings. In order for an advertiser to significantly higher than the value of ing periods between the so-called "sales.” In represent that a price is reduced or of­ the tire carcass) will be allowed for a these circumstances, the advertised reduc­ fers savings to purchasers without speci­ trade-in tire, or, representations of tion from a “regular” price of $15.95 would specific savings in the purchase of a new be improper, since that was not the price at fying the extent thereof, it is necessary which the tire was recently and regularly that the represented reduction or sav­ tire when a tire is traded in during a sold to the public for a reasonably substan­ ings be significant. When the amount of “sale.” In either case, the purchaser is tial period of time prior to the advertised the reduction or savings is not stated in given the illusion of a bargain in the sale. advertising and is not substantial enough guise of a high trade-in allowance which Example 2. Dealer B engaged in sale ad­ to attract and influence prospective pur­ he does not in fact receive if the amount vertising weekly on the last 3 days of the chasers if they knew the true facts, the of the allowance is deducted from a fic­ week. It was his practice during the selling titiously high “no trade-in” price. week to offer a particular line of tires at representation is deceptive. $24.95 on Monday, Tuesday, and Wednesday, Example. Dealer C advertises a Fourth of Example L. An advertisement offers a 25 and advertise the same line as “Sale Priced July sale featuring X brand tires at a claimed percent reduction during a May tire sale. $19.95” on the final 3 days of the selling reduction in price. The sale price in the The body of the advertisement sets forth a week. Use of the price for only 3 days prior advertisement is stated as $14.75 per tire. “no trade-in” price as the price from which to the reduction, even though the higher The advertisement does not state the former the represented 25 percent reduction is made. price is resumed after 3 days of “sale” ad­ price of the tire. The tire previously had However, such price represents the price at vertising would not constitute a basis for been sold at $14.95. Under the circumstances, which only 15 percent of the advertiser’s total claiming a price reduction. The higher price the advertised would be deceptive. The sales were made and which was appreciably was not the regular selling price for a rea­ 20-cent reduction in price is Insignificant higher than the price at which the tire sonably substantial period of time. Fur­ when compared with the actual selling price usually sold with a trade-in even with the thermore, when the higher price is used only of the tire. Purchasers generally, if they addition of an amount representing a rea­ for the first 3 days of the week and another knew the amount of the reduction, would not sonable, bona fide trade-in allowance. Use price is used for the final 3 days, the higher be influenced sufficiently thereby to cause of the “no trade-in” price in the advertise­ price has not been established as a regular them to purchase the tire at the reduced ment is deceptive. price, especially when most sales are made at price. Example 2. Dealer D advertises, “Now Get the lower price during the final 3 day $4.00 to $10.00 Per Tire Trade-In Allowance” period. (4) Representations of specific price in connection with the sale of a certain tire. reductions and savings, (i) Advertise­ Dealer D has regularly sold the tire for $12.00 (2) Trade area price comparisons, (i) ments which offer a specified amount or to customers having a good recappable tire Another recognized form of bargain ad­ percentage of price reduction or savings to offer in trade. During the regular course vertising is to offer tires at prices lower should not be used where there is no of Dealer D’s business he has granted al­ determinable regular selling price, lowances ranging from 50 cents to $3, depend­ than those being charged by others for ing upon the condition of the tire taken in the same tires in the area where the ad­ whether it be the advertiser’s former trade. Dining the advertised sale, however, vertiser is doing business. Examples of price or the retail price in the area. Dealer D sells all of the tires at the manu­ this type of advertising where used in (ii) The lack of a determinable actual facturer’s suggested “no trade-in” price of connection with the advertiser’s own selling price does not preclude all “sale” $22.00 and deducts from that price the in­ price are: advertising. For example, if a dealer flated trade-in allowances. Under the cir­ desires to offer a tire at a price which cumstances, the advertisement would be Sold Elsewhere at $------represents a significant reduction from deceptive. Dealer D has not granted the al­ Retail Value $______lowances in connection with his regular sell­ the lowest price in the range of prices ing price but has used instead the fictitious (ii) The tire market, because of its at which he has actually sold the tire in “no trade-in” price as a basis for offering the nature, requires that special care and the recent regular course of his business, inflated allowances. The consumer has been precaution be exercised before this type it would not be deceptive to advertise led to believe that his old tire is worth far of advertising is used. Trade area price the tire with such representations as more than its actual value and Dealer D re­ comparisons are understood by pur­ “Sale Priced,” “Reduced” or “Save.” ceives what has been his regular selling price

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11029 or, in some instances, an amount in excess of advertising material containing stated purchase price of the replacement tire. of the regular price, depending upon the prices or reduction claims results in de- If this so-called “adjustment” price is not allowance granted. . ception3 and is, accordingly, contrary to the actual selling price but is an artifi­ (6) Combination offers, (i) Frequent this section. [ Guide 15]" cial, inflated price the purchaser does not use is made in the tire market of pur­ (r) Guarantees. (1) In general, anyreceive the full value of his guarantee. ported bargain advertising which offers advertising containing a guarantee rep­ This is illustrated by the following “free” or at a represented reduced price resentation shall clearly and conspicu­ example: a tire, some other article of merchandise ously disclose: “A” purchases a tire which is represented or a service, with the purchase of one or (i) The nature and extent of the guar­ as being guaranteed for the life of the tread. more tires at a specified price. The fol­ antee. (a) The general nature of the After 75 percent of the tread is worn, the guarantee should be disclosed. If the tire fails. The dealer from whom “A” seeks lowing are typical examples of this type an adjustment under his guarantee is cur­ of offer: guarantee is, for example, against de­ fects in material or workmanship, this rently selling the tire for $15 but the “ad­ Buy 3, get four at no additional cost. justment” price of the tire is $20. “A” re­ should be clearly revealed. ceives a credit of 25 percent or $5 toward Buy one tire at $___ _ get second tire at 50% (b) Disclosure should be made of any off. the price of the replacement tire. This Get a wheel free with purchase of each snow material conditions or limitations in the credit is applied not on the actual selling tire. guarantee. This would include any lim­ price but on the artificial “adjustment” price Free wheel alignment with purchase of two itation as to the duration of a guarantee, of $20. Thus, “A” pays $15 for the new tire new tires. whether stated in terms of treadwear, which is the current selling price of the tire. time, mileage, or otherwise. Exclusion Under the facts described in this illustra­ Such advertising is understood by pur­ of tire punctures also would constitute tion the guarantee was worthless as the chasers to mean that the price charged a material limitation. If the guarantor’s purchaser could have purchased a new by the advertiser for the initial tire or performance is conditioned on the return tire at the same price without a guaran­ tires to be purchased is the price at which of the tire to the dealer who made the tee. If 50 percent of the tread remained they have been regularly sold by the ad­ original sale, this fact should be revealed. when the adjustment was made, the pur­ vertiser for a reasonably substantial pe­ (c) When a tire is represented as chaser would have received a credit of riod of time prior to the sale, and that “guaranteed for life” or as having a $10 toward the $20 replacement price. the amount of the purported reduction “lifetime guarantee,” the meaning of the He must still pay $10 for a replacement or the value of the so-called “free” ar­ term “life” or “lifetime” should be ex­ tire. Had the adjustment been made on ticle or service represents actual savings. plained. the basis of the actual selling price he If the price of the tires to be purchased (d) Guarantees which under normal would have obtained a new tire for $7.50. is not the advertiser’s regular selling conditions are impractical of fulfillment Thus, while deriving some value from price, purchasers are deceived. or for such a period of time or number his guarantee he did not receive the Example. Dealer E advertises “2nd Tire y2 of miles as to mislead purchasers into value he had reason to expect under the Off When You Buy First Tire At Price Listed the belief the tires so guaranteed have guarantee. Below—No Trade-In Needed!” In the body a greater degree of serviceability or du­ (2) Accordingly, to avoid deception of of the advertisement the first tire is listed purchasers as to the value of guarantees, as costing $25.15 and the second tire $12.57. rability than is true in fact, should not The figure listed as the price for the first be used. adjustments should be made on the basis tire is not Dealer E’s regular selling price, (ii) The manner in which the guaran­ of a price which realistically reflects the but the manufacturer’s suggested “no trade- tor will perform. This consists generally actual selling price of the tire. The in” price. E’s regular selling price prior to of a statement of what the guarantor following would be considered appro­ the so-called sale had been $18.85 per tire. undertakes to do under the guarantee. priate price bases for making guarantee Under the circumstances, the “y2 Off” offer Types of performance would be repair adjustments: would be deceptive. The basis for the ad­ (i) The original purchase price of the vertised offer is not the advertiser’s actual t>f the tire, refund of purchase price or selling price for the tire. While consumers replacement of the tire. If the guaran­ guaranteed tire; or are led to believe that they are being afforded tor has an option as to the manner of (ii) The adjusting dealer’s actual cur­ substantial savings by purchasing a second the performance, this should be expressly rent selling price at the time of adjust­ tire, in fact they are paying Dealer E’s regu­ stated. ment; or lar selling price for two tires. (iii) A predetermined price which (iil) The identity of the guarantor. fairly represents the actual selling price (7) Federal Excise Tax. Since the The identity of the guarantor should be of the tire. Federal Excise Tax on tires is assessed clearly revealed in all advertising, as on the manufacturer and is based on the well as in any documents evidencing Whenever an advertisement for tires in­ weight of the materials used and not the the guarantee. Confusion of purchasers cludes reference to a guarantee, the ad­ retail selling price, the tax should be in­ often occurs when it is not clear whether vertisement should also disclose, clearly cluded in the price quoted for a particu­ the manufacturer or the retailer is the and conspicuously, the price basis on lar tire, or the amount of the tax set out guarantor. which adjustments will be made. Such in immediate conjunction with the tire (iv) Pro rata adjustment of guaran­disclosure of the price basis for adjust­ price. For example, assuming the tax on tees—(a) Disclosure in advertising. ments should be in terms of actual pur­ a particular tire to be $1 and the ad­ Many guarantees provide that in the chase or selling price, e.g., original pur­ vertised selling price $9.95, the price event of tire failure during the guarantee chase price, adjusting dealer’s current should be stated as “$10.95” or “$9.95 period a credit will be allowed on the selling price, etc. A mere reference to plus $1 Federal Excise Tax” and not purchase price of a replacement tire, the a guarantor’s “adjustment price,” for “$9.95 plus Fédéral Excise Tax.” amount of the credit being in proportion example, would not satisfy this disclo­ (8) Advertising furnished by tire to the treadwear or time remaining sure requirement. In addition, written manufacturers. It is the practice of under the guarantee. All advertising of material disclosing the basis for adjust­ some tire manufacturers to supply ad­ the guarantee should clearly disclose the ments should be made available to pro­ vertising to independent as well as to pro rata nature of the guarantee and the spective purchasers at the point of sale, wholly owned retail outlets in local trade price basis upon which adjustments will and if the third method of adjustment areas. A tire manufacturer providing be made. is chosen, such written material should advertising material to be used in local (b) Price basis for adjustments. Usu­ include the actual price on which guar­ trade areas by either wholly owned or in­ antee adjustments will be made. [Guide ally under this type of guarantee the 16] dependent outlets is responsible for the same predetermined amount is used as representations made in such advertising a basis for the prorated credit and the (s) Safety or performance features. and should base price and savings claims Absolute terms such as “skidproof,” on conditions actually existing in the 2 This section does not deal with the ques­ “blowout proof,” “blow proof,” “punc­ particular areas. In view of price fluc­ tion of whether such practice may be im­ ture proof” should not be unqualifiedly tuations at the local level, the general proper as contributing to unlawful restraints used unless the product so described of trade connected with the enforcement of affords complete and absolute protection dissemination (i.e., in more than one the Antitrust Laws and the Federal Trade from skidding, blowouts, or punctures, trade area) to independent retail outlets Commission Act. as the case may be, under any and all FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 No. 161----- 4 11030 RULES AND REGULATIONS driving conditions. [ Guide 17] (38 Stat. 717, as amended; 15 U.S.C. 41-58) (38 Stat. 717, as amended; 15 U.S.C. 41-58) (t) Other claims and representations. Issued: August 18, 1966. Issued: August 18, 1966. (1) No claim or representation should be made concerning an industry product By direction of thè Commission. By direction of the Commission. which directly, by implication, or by [seal] J oseph W . Shea, [seal] J oseph W . Shea, failure to adequately disclose additional Secretary. Secretary. relevant information, has the capacity [P.R. Doc. 66-8967; Piled, Aug. 18, 1966; [P.R. Doc. 66-8968; Piled, Aug. 18, 1966; or tendency or effect of deceiving pur­ 8:45 a.m.] 8:45 a.m.] chasers or prospective purchasers in any material respect. This prohibition in­ cludes, but is not limited to, representa­ PART 15— ADMINISTRATIVE tions or claims relating to the construc­ OPINIONS AND RULINGS tion, durability, safety, strength, condi­ Title 41— PUBLIC CONTRACTS tion or life expectancy of such products. Proper Labeling of Rebuilt Fuses (2) Also included among the prohibi­ AND PROPERTY MANAGEMENT tions of this paragraph (t) are claims or § 15.84 Proper labeling of rebuilt fuses. Chapter 7— Agency for International representations by members of this in­ (a) The Federal Trade Commission Development, Department of State dustry or by distributors of any com­ made public an advisory opinion concern­ ponent parts of materials used in the ing the proper labeling of rebuilt fuses to MISCELLANEOUS AMENDMENTS TO manufacture of industry products, con­ be used by public utilities and commer­ CHAPTER cerning the merits or comparative merits cial consumers of electricity. (as to strength, safety, cooler running, (b) The requesting company inquired Chapter 7 of Title 41 is amended as wear, or resistance to shock, heat, mois­ as to whether it will be necessary to label follows: >. " — ture, etc.) of such products, components a fuse as “rebuilt” or “remanufactured” or materials, which are not true in fact if it is broken down to its smallest com­ PART 7-3— PROCUREMENT BY or which are otherwise false or mislead­ ponents and all parts that are used are NEGOTIATION ing. [Guide 183 inspected to meet new parts standards. (u) Snow tire advertising. Many (c) Advising that the concern’s “re­ Subpart 7-3.2— Circumstances manufacturers are now offering winter built fuses would have to be labeled as Permitting' Negotiation tread tires with metal spikes. Certain such,” the Commission cited its frequent States, or other jurisdictions, however, Section 7-3.211 is revised to delete, in holding, “in connection with a variety of its entirety, the sentence which begins prohibit the use of such tires because of products, that in the absence of an ade­ possible road damage. Accordingly, in with the words, “The reporting require­ quate disclosure to the contrary, mer­ ment * * *”. the advertising of such products, a clear chandise which resembles and has the and conspicuous statement should be appearance of merchandise composed of made that the use of such tires is illegal new materials but which is, in fact, com­ PART 7-12— LABOR in certain States or jurisdictions. Fur­ posed of reclaimed materials, will be re­ ther, when such tires are locally adver­ garded by purchasers as being entirely Subpart 7-12.51— Security Clearance tised in areas where their use is prohib­ new and that a substantial segment of ited, a clear and conspicuous statement 1. Section 7-12.5100 is revised to read the consuming public has a preference as follows: to this effect must be included. [Guide for merchandise which is composed of 193 new and unused materials. This has '§ 7—12.5100 General. (Secs. 5, 6, 38 Stat. 719, as amended, 721; been held to be so without regard to the The Foreign Assistance and Related 15 ÜJ5.C. 45, 46) comparative quality of the new and re­ built products, for in such matters the Agencies Appropriation Act, 1966, im­ Adopted: July 5, 1966 (except para­ public is entitled to get what it chooses poses the following requirement: graph (q) adopted Mar. 3, 1966). no matter what dictates- the choice.” None of the funds appropriated or made By direction of the Commission. available by this or any predecessor Act for (d) Answering other questions posed the year subsequent to fiscal year 1962 for [seal] J oseph W . S hea, by the company, the Commission stated: carrying out the Foreign Assistance Act of Secretary. All “advertising material promoting the 1961, as amended, may be used on or after sale of these fuses should also contain a 60 days from the date of enactment of this [P.R. Doc. 66-8889; Piled, Aug. 18, 1966; disclosure of their used or rebuilt nature, Act to make payments with respect to any 8:45 a.m.] [but] it is not necessary, once this dis­ contract for the performance of services out­ closure is clearly and conspicuously made, side the United States by U.S. citizens unless to repeat the word over and over again the President shall have promulgated regula­ PART 15— ADMINISTRATIVE even where technical instructions are tions that provide for the investigation of OPINIONS AND RULINGS such citizens for loyalty and security to the being given. Technical instructions for extent necessary to protect the security and Impropriety of Labeling Foreign-Made the use of these fuses are not ordinarily other interests of the United States: Pro­ part of the advertising designed to induce vided, That such regulations shall require Machine With A m erican-M ade customers to buy and, if not, there would that any such U.S. citizen who will have Parts Added to It as “Made in be no requirement for disclosure in the access, in connection with the performance U.S.A.” instructions as distinguished from adver­ of such services, to information or material tising.” classified for security reasons shall be subject § 15.83 Impropriety of labeling foreign- (e) “Generally speaking, * * * the dis­ to such investigation as may otherwise be made machine with American-made closure must be on the cartons, invoices provided by law and executive order. parts added to it as “Made in U.S.A.” and in advertising literature, as well as 2. Section 7-12.5102 is revised to read (a) The Federal Trade Commission on the fuses themselves. However, the as follows: has advised an American manufacturer disclosure need not be placed on the that a machine made in a foreign coun­ fuses themselves if you can establish that § 7—12.5102 AID Directives. try with certain American-made parts the disclosure on the bags, boxes, or other (a) Regulations have been issued un­ added to it by the domestic manufacturer containers is such that the ultimate pur­ der the statutory provision cited in may not be labeled “Made in U.S.A.” chasers, at the point of sale, are informed AIDPR S7-12.5100 and are set out in (b) The Commission said that it would that they are rebuilt fuses. The question AID Regulation 10, published in part be “improper to label the machine in of informing the ultimate purchasers 210, Title 22 of the Code of Federal Reg­ question as ‘Made in U.S.A.’ because this here becomes important in the event any ulations. would constitute an affirmative represen­ of your customers also resell the fuses to (b) See also Manual Order 610.2, en­ tation that the entire machine was of others under circumstances where those titled “Security Clearance for Contrac­ domestic origin, when in fact a substan­ ultimate purchasers are not informed as tors and Contractor Personnel under tial part thereof was imported.” to their rebuilt nature.” AID Financed Contracts”.

FEDERAL REGISTER, VO L 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11031

PART 7-15— CONTRACT COST decision by the Contracting Officer within the International Development Board of Con­ meaning of the “Disputes” clause of this con­ tract Appeals before November 1, 1965, are PRINCIPLES AND PROCEDURES tract. If for any fiscal year or other period transferred or brought to completion, that specified in Appendix D of this contract the no appeals will subsequently be docketed by Subpart 7—15.3— Principles for Deter­ parties fail to agree to a predetermined over­ that Board, that upon completion of its mining Applicable Costs Under Re­ head rate or rates, it is agreed that the allow­ business the records and files of the Board search Contracts With Educational able indirect costs under this contract shall will be transferred to the Executive Secre­ be obtained by applying negotiated final tary of AID. The General Counsel will Institutions overhead rates in accordance with the terms thereupon dissolve the Board. of the “Indirect Costs (Overhead) ” clause set 1. Section 7-15.307-4 is added, as fol­ forth in § 7-16.951-2 of the Agency for In­ Dated: September 30, 1965. lows, to implement and supplement ternational Development Procurement Reg­ § l-rl5.307-4 of the Federal Procurement W illiam S. G aud, ulations as in effect on the date of this Acting Administrator. Regulations. contract. (G) Allowable indirect costs for the periodS pecial P rocedures R egarding Contract § 7—15.307—4 Predetermined fixed rates until the end of the contractor’s fiscal year Dispute Appeals P romulgated Pursuant to fo r indirect costs. during which performance begins shall be P aragraph 2 op the Administrator’s obtained by applying the predetermined over­ D esignation In accordance with the authority con­ head rates set forth in Appendix D to the tained in section 635 (k) of the Foreign bases set forth therein. The following rules will apply, in lieu of Assistance Act of 1961, as amended, and Rules 3 and 4 of the Armed Services Board Subpart 1-15.307-4 of the Federal Pro­ of Contract Appeals, to contract dispute curement Regulations, the following PART 7-60— CONTRACT APPEAL appeals to the Administrator of the Agency clause entitled “Indirect Costs (Over­ for International Development or his au­ PROCEDURE thorized representative which are docketed head)—Predetermined (June 1966)” is with that Board. authorized for use in cost-reimbursement Part 7-60 is revised to read as follows: Rule 3 (AID): Forwarding of appeals. contracts with educational institutions Sec. When a notice of appeal in any form has for payment of reimbursable indirect 7-60.1 Designation of Armed Services Board been received by the contracting officer, he costs: Provided, That predetermined of Contract Appeals (ASBCA) to shall endorse thereon the date of mailing (or overhead rates are used as the basis for hear and determine appeals under date of receipt, if otherwise conveyed) and reimbursing indirect costs under all of AID contracts and special proce­ within 10 days shall forward said notice of dures. appeal to the Board with a copy to the AID the applicable AID contracts with an 7-60.2 Rules and procedures governing con­ General Counsel, in Washington, D.C. Fol­ institution. tract appeals. lowing receipt by the Board of the original notice of an appeal (whether through the Indirect Costs (Overhead)—P redetermined Authority: The provisions of this Part (Ju n e 1966) contracting officer or otherwise), the con­ 7-60 issued under sec. 621, 75 Stat. 424, 22 tractor, the contracting officer, and the AID (A) Notwithstanding the provisions of any U.S.C. 2381. General Counsel will be promptly advised of other clause of this contract, the allowable its receipt, and the contractor will be fur­ indirect costs under this contract shall be § 7—60.1 Designation of Armed Services nished a copy of these rules. obtained by applying predetermined over­ Board of Contract Appeals (ASBCA) Rule 4 (AID): Duties of the contracting head rates to bases agreed upon by the par­ to hear and determine appeals under officer. Following receipt of a notice of ties, as specified below. AID contracts and special procedures. appeal, or advice that an appeal has been (B) The contractor, as soon as possible but 1. The Armed Services Board of Contract filed, the contracting officer shall promptly, not later than three (3) months after the Appeals is hereby designated the authorized and in any event within 30 days, compile and expiration of his fiscal year, shall submit to representative of the Administrator of the transmit to the AID General Counsel, in the Contracting Officer, with a copy to the Agency for International Development (AID) Washington, D.C., two copies of all docu­ cognizant audit activity, a proposed predeter­ in hearing, considering, and determining as ments pertinent to the appeal, including the mined overhead rate or rates based on the fully and finally as might the Administra­ following: contractor’s actual cost experience during tor, appeals by contractors from decisions on (1) The findings of fact and the decision that fiscal year, together with supporting cost disputed questions taken pursuant to the from which the appeal is taken, and the letter data. Negotiation of predetermined over­ provisions of contracts requiring the deter­ or letters or other documents of claim in head rates shall be undertaken as promptly mination of such appeals by the Adminis­ response to which the decision was issued; as practicable after receipt of the contractor’s trator or his duly authorized representative (2) The contract, and pertinent plans, proposal. or Board. specifications, amendments, and change (C) Allowability of costs and acceptability 2. In acting under this designation, the orders; of cost allocation methods shall be deter­ Armed Services Board of Contract Appeals (3) Correspondence between the parties mined in accordance with the provisions of will follow such rules and procedures as are and other data pertinent to the appeal; Subpart 1—15.3 (Principles for Determining or may be prescribed for the conduct of De­ (4) Transcripts of any testimony taken Costs Applicable to Research and Develop­ fense Department contract appeal cases, ex­ during the course of proceedings, and affi­ ment Under Grants and Contracts With Edu­ cept for the rules entitled “Forwarding of davits or statements of any witnesses on the cational Institutions), of the Federal Pro­ Appeals” (Rule 3) and “Duties of the Con­ matter in dispute made prior to the filing curement Regulations as in effect on the date tracting Officer” (Rule 4), which subjects of the notice of appeal with the Board; of this contract. will be governed by procedures to be promul­ (5) Such additional information as may (D) The results of each negotiation shall gated by the General Counsel of AID with be considered material. be set forth in a modification to this con­ approval of the Chairman of the Armed The General Counsel will compile the tract, which shall specify (i) the agreed Services Board of Contract Appeals. appeal file from such documents, which file predetermined overhead rates, (ii) the bases 3. The General Counsel of AID will assure must contain the items enumerated (l)-(4) to which the rates apply, (iii) the fiscal year representation of the interests of the Gov­ above and will promptly, and in any event unless the parties agree to a different period ernment in proceedings before the Armed within 65 days after the appeal is docketed for which the rates apply, and (iv) the spe­ Services Board of Contract Appeals. by the Board, transmit the appeal file to the cific items treated as direct costs or any 4. All officers and employees of AID will Board. The General Counsel will notify the changes in the items previously agreed to be cooperate with the Armed Services Board of appellant when he has compiled the appeal direct costs. Contract Appeals and Government counsel file, will provide him with a list of its con­ (E) Pending establishment of predeter­ in the processing of appeals so as to assure tents, and will afford him an opportunity to mined overhead rates for any fiscal year on their speedy and just determination. examine the complete file at the office of the different period agreed to by the parties, the 5. This designation will apply to appeals Board, and, if the General Counsel deems it contractor shall be reimbursed either at the which have not been docketed by the Agency appropriate, at an overseas location, for the rates fixed for the previous fiscal year or other for International Development Board of Con­ purpose of satisfying himself as to the con­ period or at billing rates acceptable to the tract Appeals before November 1, 1965, and, tents, and furnishing or suggesting any Contracting Officer subject to appropriate to such extent and in such manner as may additional documentation deemed pertinent adjustment when the final rates for that be agreed upon by the General Counsel of to the appeal. After receipt of the fore­ fiscal year or other period are established. AID and the Chairman of the Armed Services going file, as it may be augmented at the (F) Any failure by the parties to agree on Board of Contract Appeals, to appeals dock­ time of receipt, the Board will promptly ad­ any predetermined overhead rate or rates eted before that date. vise the parties. under this clause shall not be considered a 6. The General Counsel of AID will assure Issued pursuant to the order of the Ad­ dispute concerning a question of fact for that all matters docketed by the Agency for ministrator on Designation of the Armed

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11032 RULES AND REGULATIONS

Services Board of Contract Appeals, dated n . STATEMENT OF PURPOSE Vits or statements of any witnesses on the September 30, 1965. matter in dispute made prior to the filing of Emphasis is placed upon the sound ad­ the notice of appeal with the Board; Dated: October 13,1965. ministration of these rules in specific cases, (5) Such additional information as may be because it is impracticable to articulate a T h om as L. F armer, considered material. General Counsel. rule to fit every possible circumstance which The General Counsel will compile the ap­ may be encountered. These rules will be peal file from such documents, which file Approved: interpreted so as to secure Just and inex­ must contain the items enumerated (l)-(4) pensive determination of appeals without above and will promptly, and in any event Loins Spector, unnecessary delay. Chairman, Armed Services within 65 days after the appeal is docketed Board of Contract Appeals. Preliminary procedures are available to en­ by the Board, transmit the appeal file to the courage full disclosure of relevant and mate­ Board. The General Counsel will notify the § 7—60.2 Rules and procedures govern­ rial facts and to discourage unwarranted appellant when he has compiled the appeal ing contract appeals. surprise. file, will provide him with a list of its con­ All time limitations specified for various P reface to R u les o r t h e Armed Services procedural actions are computed as maxi- tents, and will afford him an opportunity to B oard of Contract Appeals examine the complete file at the office of the mums, and are not to be fully exhausted if Board, and, if the General Counsel deems I. SUMMARY OF PERTINENT CHARTER PROVISIONS the action described can be accomplished in it appropriate, at an overseas location, for a lesser period. These time limitations are Tbe Armed Services Board of Contract Ap­ similarly eligible for extension in appropriate the purpose of satisfying himself as to the peals is tbe authorized representative of the circumstances, on good cause shown. contents, and furnishing or suggesting any Secretary of Defense, the Secretary of the additional documentation. Whenever reference is made to contractor, 5. Dismissal for lack of jurisdiction. Any Army, the Secretary of the Navy, and the appellant, contracting officèr, respondent and Secretary of the Air Force in hearing, con­ parties, this shall include respective counsel motion addressed to the Jurisdiction of the sidering, and determining as fully and for the parties, as soon as appropriate notices Board shall be promptly filed. Hearing on finally as might each of the Secretaries: the motion shall be afforded on application of appearance have been filed with the Board. of either party, unless the Board determines (a) Appeals by contractors from decisions that its decision on the motion will be de­ of contracting officers or their authorized R ules representatives or other authorities on dis­ ferred pending hearing on both the merits PRELIMINARY PROCEDURES and the motion. The Board shall have the puted questions, taken pursuant to the pro­ right at any time and on its own motion vision of contracts requiring the determina­ 1. Appeals, how taken. Notice of an ap­ to raise the issue of its jurisdiction to pro­ tion of such appeals by the Secretary of De­ peal must be in writing, and the original, ceed with a particular case, and shall do so fense or by a Secretary of a Military Depart­ together with two Copies, may be filed with by an appropriate order, affording the parties ment or their duly authorized representative the contracting officer from whose decision an opportunity to be heard thereon. or board; or the appeal is taken. The notice of appeal 6. Pleadings, (a) Within 30 days after (b) Appeals by contractors taken pursuant must be mailed or otherwise filed within the receipt of notice of docketing of the appeal, to the provisions of any directive whereby time specified therefor in the contract or the appellant shall file with the Board an the Secretary of Defense or the Secretary allowed by applicable provision of directive original and two copies of a complaint setting of a Military Department has granted a right or law. forth simple, concise, and direct statements of appeal not contained in the contract. 2. Notice of appeal, contents of. A notice of each of his claims, alleging the basis, with When an appeal is taken pursuant to a of appeal should indicate that an appeal is appropriate reference to contract provisions, Disputes clause in a contract which limits thereby intended and should identify the for each claim, and the dollar amount appeals to disputes concerning questions of contract (by number), the department and claimed. This pleading shall fulfill the gen­ fact, the Board may in its discretion hear, agency or bureau cognizant of the dispute, erally recognized requirements of a com­ consider, and decide all questions of law nec­ and the decision from which the appeal is plaint, although no particular form or for­ essary for the complete adjudication of the taken. The notice of appeal should be signed mality is required. Upon receipt thereof, issue. In the consideration of an appeal, personally by the appellant (the contractor the Recorder of the Board shall serve a copy should it appear that a claim is involved making the appeal), or by an officer of the upon the respondent. Should the complaint which is not cognizable under the terms of appellant corporation or member of the ap­ not be received within 30 days, appellant’s the contract, the Board may make findings pellant firm, or by the contractor’s duly au­ claim and appeal may, if in the opinion of of fact with respect to such a claim without thorized representative or attorney. The the Board the issues before the Board are expressing an opinion on the question of complaint referred to in Rule 6 may be filed sufficiently defined, be deemed to set forth liability. with the notice of appeal, or the appellant his complaint and the respondent shall be When a contract requires the Secretary of may designate the notice of appeal as a com­ so notified. Defense or the Secretary of a Military De­ plaint, if it otherwise fulfills the require­ partment, personally to render a decision on ments of a complaint. (b) Within 30 days from receipt of said the matter in dispute, the Armed Services 3. (AID) Forwarding of appeals. When a complaint, or the aforesaid notice from the Board of Contract Appeals makes and sub­ notice of appeal in any form has been re­ Recorder of the Board, respondent shall pre­ mits findings and recommendations to the ceived by the contracting officer, he shall pare and file with the Board an original and appropriate Secretary with respect thereto. endorse thereon the date of mailing (or date two copies of an answer thereto, setting forth There are a number of divisions of the of receipt, if otherwise conveyed) and within simple, concise, and direct statements of Armed Services Board of Contract Appeals 10 days shall forward said notice of appeal respondent’s defenses to each claim asserted established by the Chairman of the Board to the Board with a copy to the AID General by appellant. This pleading shall fulfill the in such manner as to provide for the most Counsel, in Washington, D.C. Following generally recognized requirements of an an­ effective and expeditious handling of ap­ receipt by the Board of the original notice swer, and shall set forth any affirmative de­ peals. Appeals are assigned to the divisions of an appeal (whether through the contract­ fenses or counterclaims, as appropriate. for decision without regard to the military ing officer or otherwise), the contractor, the Upon receipt thereof the Recorder shall serve department or other procuring agency which contracting officer, and the AID General a copy upon the appellant. Should the an­ entered into the contract involved. Hearing Counsel will be promptly advised of its swer not be received within 30 days, the may be held by a designated member, or receipt, and the contractor will be furnished Board may, in its discretion, enter a general by a duly authorized examiner. The decision a copy of these rules. denial on behalf of the Government, and of a majority of a division constitutes the 4. (AID) Duties of the contracting officer. the appellant shall be so notified. decision of the Board provided that the Following receipt of a notice of appeal, or 7. Amendments of pleadings or records. advice that an appeal has been filed, the The Board upon its own initiative or upon Chairman and two Vice Chairmen Jointly contracting officer shall promptly, and in any application by a party may, in its discretion, signify their approval of the decision. If a event within 30 days, compile and transmit order a party to make a more definite state­ majority of the members of a division is to the AID General Counsel, in Washington, ment of the complaint or answer, or to reply unable to agree on a decision, or if the D.C., two copies of all documents pertinent to an answer. The Board may, in its dis­ Chairman or one or more of the Vice Chair­ to the appeal, including the following: cretion, and within the proper scope of the men does not signify approval of the deci­ (1) The findings of fact and the decision appeal, permit either party to amend his from which the appeal is taken, and the let­ pleading upon conditions just to both parties. sion, determination of the appeal is by the ter or letters or other documents of claim in When Issues within the proper scope of the Chairman and Vice Chairmen. A decision response to Which the decision was issued; appeal, but not raised by the pleadings or by a majority of those individuals then con­ (2) The contract, and pertinent plans, the documentation described in Rule 4, are stitutes the decision of the Board. specifications, amendments, and change tried by express or Implied consent of the On request of the appellant, an appeal in­ orders; parties, or by permission of the Board, they (3) Correspondence between thè parties shall be treated in all respects as if they had volving $5,000 or less is decided as provided and other data pertinent to the appeal; been raised therein, in $uch Instances, mo­ in the Optional Accelerated Procedure set (4) Transcripts of any testimony taken tions to amend the pleadings to conform to forth in Rule 12 of the Board. during the course of proceedings, and affida- the proof may be entered but are not re-

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 RULES AND REGULATIONS 11033 quired. If evidence is objected to at a. hear­ 13. Settling of the record. A case sub­ thereafter, the party so served may serve ing on the ground that it is not within the mitted on the record pursuant to Rule 11 cross-interrogatories upon the moving party. issues raised by the pleadings or the Rule shall be ready for decision when the parties A copy of the notice and. copies of all inter­ 4 documentation (which shall be deemed are so notified by the Board. A case which rogatories served shall be delivered by the a part of the pleadings for this purpose), is heard shall be ready for decision upon moving party to the person before whom the it may be admitted within the proper scope receipt of transcript, or upon receipt of briefs deposition is to be taken, and the latter shall of the appeal: Provided, however, That the when briefs are to be submitted. At any proceed promptly to take the testimony of objecting party may be granted a continu­ time prior to the date that a case is ready the witness in response to the interrogatories. ance if necessary to enable him to meet such for decision, either party upon notice to the (e) Form and return of deposition. Each evidence. other, may supplement the record with docu­ deposition shall show the docket number and 8. Upon receipt of respondent’s answer or ments and exhibits deemed relevant and ma­ the caption of the proceedings, the place and the notice referred in the last sentence of terial by the Board. The Board upon its own date of taking, the name of the witness, and Rule 6(b), above, appellant shall advise Initiative may call upon either party, with the names of all persons present. The person whether he desires a hearing, as prescribed appropriate notice to the other, for evidence taking the deposition shall certify thereon in Rules 17 through 25, or whether in the deemed by it to be relevant and material. that the witness was duly sworn by him and alternative he elects to submit his case on The weight to be attached to any evidence that the deposition is a true record of the the record without a hearing, as prescribed of record will rest within the sound discre­ testimony given by the witness, and he shall in Rule 11. In appropriate cases, the appel­ tion of the Board. Either party may at any enclose the original deposition and exhibits lant shall also elect whether he desires the stage of the proceeding, or notice to the in a scaled prepaid package and forward same optional accelerated procedure prescribed in other party, raise objection to material in to the Recorder, Armed Services Board of Rule 12. the record or offered into the record, on the Contract Appeals. 9. Prehearing briefs. Based on an exam­ grounds of relevancy and materiality. (f) Introduction in evidence. No testi­ ination of the documentation described in The Board record shall consist of documen­ mony taken by deposition shall be considered Rule 4, the pleadings, and a determination tation described in Rule 4, and any addi­ as part of the evidence in the hearing of an of whether the arguments and authorities tional material, pleadings, prehearing briefs, appeal unless and until such testimony is addressed to the issues are adequately set record of prehearing or presubmission con­ offered and received in evidence at the hear­ forth therein, the Board may in its discretion ferences, depositions, interrogatories, admis­ ing. It will not ordinarily be received in require the parties to submit prehearing sions, transcripts of hearing, hearing exhibits, evidence if the deponent is present and can briefs in any case in which a hearing has been and post-hearing briefs, as may thereafter be testify personally at the hearing. In such elected pursuant to Rule 8. In the absence developed pursuant to these rules. case it can, however, be utilized to contradict of a Board requirement therefor, either party This record will at all times be available or impeach the testimony of the deponent may in its discretion, and upon appropriate for inspection by the parties at the office of as a witness. If the opportunity to be heard and sufficient notice to the other party, fur­ the Board. In the interest of convenience, has been waived and the case submitted pur­ nish a prehearing brief to the Board. In any prior arrangements for inspection of the file suant to Rule 11, the deposition shall be case where a prehearing brief is submitted, should be made with the Recorder of the deemed to be part of the record before the it shall be furnished so as to be received by Board. Copies of material in the record may, Board. the Board at least 15 days prior to the date if practicable, be furnished to appellant at 15. Interrogatories to parties; inspection set for hearing, and a copy shall simultane­ the cost of reproduction. of documents; admission of facts. Under ously be furnished to the other party as 14. Depositions— (a,) When depositions may appropriate circumstances, but not as a mat­ previously arranged. be taken. After an appeal has been docketed, ter of course, the Board will entertain appli­ 10. Prehearing or presubmission confer­ the Board may, upon application of either cations for permission to serve written ence. Whether the case is to be submitted party or upon agreement by the parties, per­ interrogatories upon the opposing party, ap­ pursuant to Rule 11 or heard pursuant to mit the taking of the testimony of any per­ plications for an order to produce and permit Rules 17 through 25, the Board may upon son, by deposition upon oral examination or the inspection of designated documents, and its own initiative or upon the application of written interrogatories, for use as evidence applications for permission to serve upon the either party, call upon the parties to appear in the appeal proceedings. Leave to take a opposing party a request for the admission before a member or examiner of the Board deposition will not ordinarily be granted un­ of specified facts. Such applications shall be for a conference to consider; less it appears that it is impracticable to reviewed and approved only to the extent (a) The simplification or clarification of present the deponent’s testimony at the hear­ and upon such terms as the Board in its dis­ the Issues; ing of the appeal, or unless a hearing has cretion considers to be consistent with the (b) The possibility of obtaining stipula­ been waived and the case submitted pursuant objective of securing just and inexpensive tions, admissions, agreements on documents, to Rule 11. determination of appeals without unneces­ understandings on matters already of record, (b) Before whom taken. Depositions to sary delay, and essential to the proper pursuit or similar agreements which will avoid un­ be offered in evidence before the Board may of that objective in the particular case. necessary proof; — be taken before and authenticated by any 16. Service of papers. Service of papers (c) The limitation of the number of expert person authorized by the laws of the United in all proceedings pending before the Board witnesses, or avoidance of similar cumulative States, or by the laws of the place where may be made personally, or by mailing the evidence, if the case is to be heard; the deposition is taken, to administer oaths. same in a sealed envelope registered, or certi­ (d) The possibility of agreement disposing (c) By oral examinations. When either fied, postage prepaid, addressed to the party of all or any of the issues in dispute; party desires to take the testimony of any upon whom service shall be made and the (e) Such other matters as may aid in the person by deposition upon oral examination, date of delivery as shown by return receipt disposition of the appeal. the moving party shall give the opposite party shall be the date of service. Waiver of the at least 15 days written notice of the time service of any papers may be noted thereon The results of the conference shall be reduced and place where such deposition is proposed to writing by the Board member or examiner or on a copy thereof or on a separate paper, to be taken; the name, address, and title of signed by the parties and filed with the in the presence of the parties, and this writ­ the person before whom it is proposed to be ing shall thereafter constitute part of the Board. taken; and the name and address of the wit­ HEARINGS record. ness. This notice is unnecessary in any case 11. Submission without a hearing. Either where the deposition has been scheduled by 17. Where and when held. Hearings will party may elect to waive a hearing and to mutual agreement. If the party so served ordinarily be held in Washington, D.C.., ex­ submit his case upon the Board record, as finds it impracticable to appear at the taking cept that upon request reasonably made and settled pursuant to Rule 13. In the event of of the deposition, in person or by counsel, upon good cause shown, the Board may in such election to submit, the submissions may he shall promptly so notify the moving party its discretion set the hearings at another lo­ be supplemented by oral argument (tran­ who shall make available to him a copy of cation. Hearings will be scheduled at the scribed if requested), and/or by briefs, ar­ the evidence given at the deposition. Within discretion of the Board with due considera­ ranged in accordance with Rules 18 and 23. 15 days after receipt of such copy, the party tion to the regular order of appeals and other 12. Optional accelerated procedure. Should so served may serve cross-interrogatories pertinent factors. On request or motion by an appeal Involve $5,000 in amount or less, upon the moving party, and the proceedings either party and upon good cause shown, it may at the option of the appellant be proc­ shall be had thereon as provided in the next the Board may in its discretion advance a essed under this rule. In the event of such succeeding subparagraph (d) herein. hearing. election, the Board will undertake to issue a (d) By written interrogatories. When 18. Notice of hearings. The parties shall decision on the appeal on an expedited basis, either party desires to take the testimony be given at least 15 days notice of the time without regard to its normal position on the of any person by deposition upon written and place set for hearings. In scheduling docket. Under this accelerated procedure, interrogatories, the moving party shall serve hearings, the Board will give due regard to the case will be further éxpedited if the them upon the opposite party with a notice the desires of the parties, and to the re­ parties elect to waive pleadings and/or elect stating the name and address of the person quirement for just and inexpensive determi­ to waive thé hearing and submit on the who is to answer them and the name, address, nation of appeals without unnecessary delay. record. In all other respects, these rules will and title of the person before whom the Notices of hearing shall be promptly ac­ apply. deposition is to be taken. Within 15 days knowledged by the parties. A party failing

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11034 RULES AND REGULATIONS

to acknowledge a notice of hearing shall be be agreed upon by the parties and the presid­ cause to be held confidential and not cited deemed to have submitted his case upon the ing member or examiner at the conclusion of as precedents) shall be open for public in­ Board record as provided in Buie 11. the hearing. Ordinarily they will be simul­ spection at the offices of the Board in Wash­ 19. Unexcused absence of a party. The taneous briefs, exchanged within 20 days ington, D.C. In accordance with paragraph unexcused absence of a party at the time and after receipt of transcript. 3 of the Charter, decisions of the Board will place set for hearing will not be occasion 24. Transcript of proceedings. Testimony be made upon the record, as described in for delay. In the event of such absence, the and argument at hearings shall be reported Rule 13. hearing will proceed and the case will be verbatim, unless the Board otherwise orders. 29. A motion for reconsideration, if filed regarded as submitted by the absent party Transcripts of the proceedings shall be sup­ by either party, shall set forth specifically the as provided in Rule 11. plied to the parties at such rates as may be ground or grounds relied upon to sustain the 20. Nature of hearings. Hearings shall be fixed by contract between the Board and the motion, and shall be filed within 30 days from as informal as may be reasonable and ap­ reporter. If the proceedings are reported by the date of receipt of a copy of the decision propriate under the circumstances. Appel­ an employee of the Government, the appel­ of the Board by the party filing the motion. lant may receive transcripts upon payment lant and respondent may offer at a hearing DISMISSAL WITHOUT PREJUDICE on the merits such relevant evidence as they to the Government at the same rates as those deem appropriate and as would be admissible set by contract between the Board and the 30. In certain cases, appeals docketed be­ under the generally accepted rules of evi­ independent reporter. fore the Board are required to be placed in a dence applied in the courts of the United 25. Withdrawal of exhibits. After a deci­ suspense status and the Board is unable to States in nonjury trials, subject, however, to sion has become final the Board may, upon proceed with disposition thereof for reasons the sound discretion of the presiding mem­ request and after notice to the other party, not within the control of the Board. In any ber or examiner in supervising the extent in its discretion permit the withdrawal of such case where the suspension has contin­ and manner of presentation of such evi­ original exhibits, or any part thereof, by the ued, or it appears that it will continue, for dence. In general, admissibility will-hinge party entitled thereto. The substitution of an inordinate length of time, the Board may on relevancy and materiality. Letters or true copies of exhibits or any part thereof in its discretion dismiss such appeals from its copies thereof, affidavits, or other evidence may be required by the Board in its discre­ docket without prejudice to their restoration not ordinarily admissible under the generally tion as a condition of granting permission when the cause of suspension has been accepted rules of evidence, may be admitted for such withdrawal. removed. in the discretion of the presiding member EFFECTIVE DATE AND APPLICABILITY or examiner. The weight to be attached to REPRESENTATION evidence presented in any particular form 31. These revised rules shall take effect on will be within the discretion of the Board, 26. The Appellant. An individual appel­ the first day of the month following the taking into consideration all the circum­ lant may appear before the Board in person, month in which they are approved by the stances of the particular case. Stipulations a corporation by an officer thereof, a partner­ Assistant Secretary of Defense (Installations of fact agreed upon by the parties may be ship or joint venture by a member thereof, and Logistics) and the Assistant Secretaries regarded and used as evidence at the hear­ or any of these by an attorney at law duly of the Military Departments responsible for ing. The parties may stipulate the testimony licensed in any state, Commonwealth, Ter­ procurement. Except as otherwise directed that would be given by a witness if the wit­ ritory, or in the District of Columbia. by the Board, these rules shall not apply to ness were present. The Board may in any 27. The Respondent. Government coun­ appeals which have been docketed prior to case require evidence in addition to that sel designated by the various departments to their effective date. offered by the parties. represent the departments, agencies, direc­ Approved this 15th day of July 1963. 21. Examination of witnesses. Witnesses torates, and bureaus cognizant of the dis­ before the Board will be examined orally putes brought before the Board, may in ac­ T homas D. Morris, under oath or affirmation, unless the facts cordance with their authority represent the The Assistant Secretary of Defense are stipulated, or the Board member or ex­ interests of the Government before the (Installations and Logistics). aminer shall otherwise order. If the testi­ Board. They shall file notices of appear - P aul R. Ignatius, mony of a witness is not given under oath ancè with the Board, and notice thereof will The Assistant Secretary of the Army the Board may, if it seems expedient, warn be given appellant or his attorney in the form (Installations arid Logistics). the witness that his statements may be sub­ specified by the Board from time to time. Ken neth E. B eLieu, ject to the provisions of Title 18, United Whenever at any time it appears that ap­ The Assistant Secretary of the Navy States Code, sections 287 and 1001, and any pellant and Government counsel are in agree­ (Installations and Logistics). other provisions of law imposing penalties ment as to disposition of the controversy, Joseph S. I mirie, for knowingly making false representations the Board may suspend further processing of The Assistant Secretary in connection with claims against the United the appeal in order to permit reconsideration of the Air Force (Material). States or in any matter within the jurisdic­ by the contracting officer: Provided, however, These amendments are effective upon tion of any department or agency thereof. That if the Board is advised thereafter by publication in the F ederal R egister. 22. Copies of papers. When books, rec­ either party that the controversy has not ords, papers, or documents have been re­ been disposed of by agreement, the case shall Dated: August 10,1906. ceived in evidence, a true copy thereof or of be restored to the Board’s calendar without such part thereof as may be material or rel­ loss of position. W illiam O. Hall, evant may be substituted therefor, during 28. Decisions of the Board will be made in Assistant Administrator writing and authenticated copies thereof will for Administration. the hearing or at the conclusion thereof. be forwarded simultaneously to both parties. 23. Posthearing briefs. Posthearing briefs The rules of the Board and all final orders [P.R. Doc. 66-9029; Piled, Aug. 18, 1966; may be submitted upon such terms as may and decisions (except those required for good 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11035 Proposed Rule Making

That airspace extending upward from 700 [ 7 CFR Part 926 1 feet above the surface within an 8-mile radius DEPARTMENT OF AGRICULTURE TOKAY GRAPES GROWN IN SAN of the Rosecrans Memorial Airport (latitude Consumer and Marketing Service 39°46'23” N., longitude 94°54'31" W.); and JOAQUIN COUNTY, CALIF. within 5 miles E and 8 miles W of the St. [ 7 CFR Part 925 1 Joseph ILS localizer S course, extending from Approval of Expenses and fixing of the 8-mile radius area to 12 miles S of the FRESH PRUNES GROWN IN IDAHO Rate of Assessment for 1966—67 OM; and that airspace extending upward Fiscal Period from 1,200 feet above the surface bounded by AND MALHEUR COUNTY, OREG. a line extending from the INT of the S bound­ Approval of Expenses and Fixing of Consideration is being given to the fol­ ary of V-216 and the W boundary of V-13 SW lowing proposals submitted by the Tokay along the W boundary of V-13 to latitude Rate of Assessment for 1966—67 Industry Committee, established under 39°42'25'' N., longitude 94°29'20” W.; thence Fiscal Period and Carryover of Unr the marketing agreement, as amended, W to latitude 39o44'00'' N., longitude 94°43'- expended Funds and Order No. 926, as amended (7 CFR 20” W.; thence S to latitude 39°30'00” N., Part 926), regulating the handling of longitude 94°49'00” W.; thence W along lati­ Consideration is being given to the fol­ Tokay grapes grown in San Joaquin tude 39°30'00” N., to longitude 95°09'00” W.; lowing proposals submitted by the Idaho- thence N along longitude 95°09'00” W. to the County, Calif., effective under the appli­ arc of a 20-mile radius circle centered on the Malheur County, Oregon Fresh Prune cable provisions of the Agricultural Mar­ Rosecrans Memorial Airport; thence clock­ Marketing Committee, established under keting Agreement Act of 1937, as wise along this arc to the N boundary of V-50; the marketing agreement and Order No. amended (7 U.S.C. 601-674), as the thence W along the N boundary of V-50 to 925 (7 CFR Part 925), regulating the han­ agency to administer the terms and pro­ the S boundary of V-216; thence E along the dling of fresh prunes grown in desig­ visions thereof: (1) That expenses that S boundary of V-216 to point of beginning. nated counties in Idaho and in Malheur are reasonable and likely to be incurred The Federal Aviation Agency, having County, Oreg., effective under the appli­ by the Tokay Industry Committee, dur­ completed a comprehensive review of the cable provisions of the Agricultural Mar­ ing the period from April 1,1966, through terminal airspace structural require­ keting Agreement Act of 1937, as March 31,1967, will amount to $29,188.50, ments in the St. Joseph, Mo., terminal amended (7 U.S.C. 601-674), as the and (2) that there be fixed, at $0.01 per area, which revealed a need for revising agency to administer the terms and pro­ standard package or equivalent quantity the designated transition area, proposes visions thereof : of Tokay grapes, the rate of assessment the following airspace action: (1) That expenses that are reasonable payable by each handler in accordance Redesignate the St. Joseph, Mo., and likely to be incurred by the Idaho- with § 926.46 of the aforesaid marketing transition area as that airspace extend­ Malheui* County, Oregon Fresh Prune agreement and order. ing upward from 700 feet above the sur­ Marketing Committee, during the period All persons who desire to submit writ­ face within an 8-mile radius of the Rose­ from July 1,1966, through June 30, 1967, ten data, views, or arguments in connec­ crans Memorial Airport (latitude will amount to $5,310; tion with the aforesaid proposals should 39°46'23" N., longitude 94°54'31" W.) ; (2) That there be fixed, at $0.01 per file the same, in quadruplicate, with the and within 5 miles E and 8 miles W of the one-half bushel or equivalent quantity Hearing Clerk, U.S. Department of Agri­ St. Joseph ILS localizer S course, extend­ of prunes, the rate of assessment payable culture, Room 112, Administration Build­ ing from the 8-mile radius area to 12 by each handler in accordance with ing, Washington, D.C. 20250, not later miles S of the OM; and that airspace ex­ § 925.41 of the aforesaid marketing than the 10th day after the publication tending upward from 1,200 feet above the agreement and order; and of this notice in the F ederal R egister. surface bounded by the intersection of (3) That unexpended assessment All written submissions made pursuant V-77 and V-l3 thence S along the W funds, in excess of expenses incurred dur­ to this notice will be made available for boundary of V-13 to latitude 39°42'20" ing the fiscal period ended June 30,1966, public inspection at the office of the N., longitude 94° 29'00" W., thence W to be carried over as a reserve in accordance Hearing Clerk during regular business latitude 39°44'00" N., longitude with the applicable provisions of § 925.42 hours (7 CFR 1.27(b)). 94° 43'20" W., thence S to latitude of said marketing agreement and order 39°30'00" N., longitude 94°49'00" W., to be available for use by the committee Dated: August 16, 1966. thence W along latitude 39° 30'00" N. to for all expenses authorized pursuant to P aul A. N icholson, the SW boundary of V-71, thence NW § 925.40. Deputy Director, Fruit and along the SW boundary of V-71 to the W All persons who desire to submit writ­ Vegetable Division, Consumer boundary of V-77, thence NE along the ten data, views, or arguments in connec­ and Marketing Service. W boundary of V-77 to the NE boundary tion with the aforesaid proposals should [F.R. Doc. 66-9052; Filed, Aug. 18, 1966; of V-71, thence NW along the NE bound­ file the same, in quadruplicate, with the 8:48 am.] ary of V-71 to the arc of a 20-mile radius Hearing Clerk, U.S. Department of Agri­ circle centered on the Rosecrans Me­ culture, Room 112, Administration Build­ morial Airport, thence clockwise along ing, Washington, D.C. 20250, not later the arc to the SE boundary of V-77, than the 10th day after the publication FEDERAL AVIATION AGENCY thence NE along the SE boundary of V- of this notice in the F ederal R egister. [ 14 CFR Part 71 1 77 to point of beginning; and that air­ All written submissions made pursuant space extending upward from 4,500 MSL to this notice will be made available for [Airspace Docket No. 66—CE-62] in the vicinity of St. Joseph bounded by public inspection at the office of the TRANSITION AREA V-13 on the W, V-161 on the E and V-50 Hearing Clerk during regular business on the S; within an area bounded on the hours (7 CFR 1.27(b) ). Proposed Alteration W by V-13, on the N by V-50, on the E Dated: August 16,1966. The Federal Aviation Agency is consid­ by V-161 and a direct line from latitude ering an amendment to Part 71 of the 39°39'30" N., longitude 94°07'40" W. to P aul A. N icholson, Federal Aviation Regulations which latitude 39°42'20" N., longitude Deputy Director, Fruit and would alter controlled airspace in the St. 94°29'00" W.; within an area bounded Vegetable Division, Consumer Joseph, Mo., terminal area. on the SW by V-71 on the N by V-50 and Marketing Service. Effective September 15, 1966, the St. and on the E by a 20-mile arc centered [F.R. Doc. 66-9040; Filed, Aug. 18, 1966; Joseph, Mo., transition area will be desig­ on Rosecrans Memorial Airport; within 8:48 a.m.l nated as follows : an area bounded on the S by V-50, on

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11036 PROPOSED RULE MAKING the N by V-216, on the NE by V-15/205; 266° T (240° M) and Sparrevohn, Alaska, does not preclude the Agency from is­ and within an area bounded on the SW radio beacon 093° T (070° M) bearings; suing another notice in the future, nor by V-15/205, on the N by V-216 and on Sparrevohn radio beacon; to the Bethel, commit the Agency to any course of the SE by V-77. Alaska, radio beacon (identification action in the future. The proposed alteration of the St. BET) and designate the Sparrevohn ra­ In consideration of the foregoing, No­ Joseph transition area will reduce the dio beacon as low altitude reporting tice 65-28 is hereby withdrawn. overall controlled airspace in the St. point. This withdrawal is made under the au­ Joseph area. Interested persons may participate in thority of section 1602, Title 2, District of Designation of controlled airspace, as the proposed rule making by submitting Columbia Code; section 2, Act of June 29, outlined in this proposal, will enable the such written data, views, or arguments 1940, as amended (54 Stat. 686); section Kansas City Center to provide more as they may desire. Communications 4 of the Act of September 7, 1950, as efficient radar service to all users of air­ should identify the airspace docket num­ amended (64 Stat. 770). space through and within the St. Joseph ber and be submitted in triplicate to the area. Director, Alaskan Region, Attention: Issued in Washington, D.C., on August The floors of airways that traverse the 9,1966. Chief, Air Traffic Division, Federal Avia­ Arven H. S aunders, transition area proposed herein would tion Agency, 632 Sixth Avenue, Anchor­ Director, Bureau of automatically coincide with the floors of age, Alaska 99501. All communications the transition area. received within 30 days after publication National Capital Airports. No procedural changes would be ef­ of this notice in the F ederal R egister [F.R. Doc. 66-9016; Filed, Aug. 18, 1966; fected in conjunction with the action will be considered before action is taken 8:46 a.m.] proposed herein. on the proposed amendments. The pro­ Specific details of this proposal may be posals contained in this notice may be examined by contacting the Chief, Air­ changed in the light of comments re­ space Branch, Air Traffic Division, 601 ceived. FEDERAL COMMUNICATIONS East 12th Street, Kansas City, Mo. 64106. An official docket will be available for Interested persons may submit such examination by interested persons at the COMMISSION written data, views, or arguments as they Federal Aviation Agency, Office of the may desire. Communications should be General Counsel, Attention: Rules Dock­ [ 47 CFR Part 73 1 submitted in triplicate to the Director, et, 800 Independence Avenue SW., Wash­ [Docket No. 11279] Central Region, Attention: Chief, Air ington, D.C. 20553. An informal docket Traffic Division, Federal Aviation Agency, also will be available for examination at SUBSCRIPTION TELEVISION 601 East 12th Street, Kansas City, Mo. the office of the Regional Air Traffic Divi­ SERVICES 64106. All communications received sion Chief. within 45 days after publication of this The proposed airway would provide a Order Extending Time for Filing notice in the F ederal R egister will be designated route for air traffic which op­ Comments and Reply Comments considered before action is taken on the erates between Anchorage and Bethel. proposed amendment. No public hear­ These amendments are proposed under 1. On March 21,1966, the Commission ing is contemplated at this time, but ar­ the authority of section 307(a) of the adopted, in the above-captioned pro­ rangements for informal conferences Federal Aviation Act of 1958 (49 U.S.C. ceeding, a further notice of proposed rule with Federal Aviation Agency officials 1348). making and notice of inquiry (3 F.C.C. may be made by contacting the Regional 2d 1). In both the rule making and the Air Traffic Division Chief. Any data, Issued in Washington, D.C., on August inquiry the dates for filing comments and views, or arguments presented during 10,1966. reply comments were designated as Sep­ such conferences must also be submitted H. B. H elstrom, tember 1, 1966, and October 1, 1966, re­ in writing in accordance with this notice Chief, Airspace and Air spectively. in order to become part of the record for Traffic Rules Division. 2. In addition to the comments and consideration. The proposal contained [F.R. Doc. 66-9015; Filed, Aug. 18, 1966; reply comments, the Commission invited in this notice may be changed in the 8:46 a.m.] interested parties to submit within 60 light of comments received. days from March 21,1966, detailed speci­ The Public Docket will be available for fications of their presenter proposed sys­ examination by interested persons in the [ 14 CFR Part 159 1 tems for over-the-air subscription tele­ office of the Regional Counsel, Federal [Regulatory Docket No. 6968; Ref. Notice vision or to update submissions previ­ Aviation Agency, 601 East 12th Street, 05-28] ously made. The filing time for such Kansas City, Mo. 64106. specifications was subsequently extended This amendment is proposed under the SECURING OF UNATTENDED SMALL to June 22, 1966, and later to July 25, authority of section 307(a) of the Fed­ AIRCRAFT AT NATIONAL AND 1966. eral Aviation Act of 1958 (49 U.S.C. DULLES INTERNATIONAL AIRPORTS 3. The Commission now has before it 1348). informal requests by the American Civil Withdrawal of Notice of Proposed Liberties Union (ACLÜ) and Americans Issued at Kansas City, Mo., on August Rule Making for Democratic Action (ADA), and a 4, 1966. formal request—a Request for Extension Edward C. Marsh, The Federal Aviation Agency had un­ of Time Within Which To File Com­ Director, Central Region. der consideration a proposal to amend ments—filed by the National Association [F.R. Doc. 66-9014; Filed, Aug. 18, 1966; Part 159 of the Federal Aviation Regula­ of Broadcasters (NAB), to extend the 8:46 a.m.] tions to require that all unattended small time for filing comments arid reply com­ aircraft at National and Dulles Interna­ ments to January 1, 1967, or later. tional Airports be secured against heavy 4. As grounds therefor it is asserted [ 14 CFR Part 71 ] wind by the person who parks the air­ that the additional time is needed to per­ [Airspace Docket No. 66-AL-17] craft. This proposal was set forth in mit proper consideration of the Commis­ Notice 65-28 published in the F ederal sion’s many detailed questions concern­ FEDERAL AIRWAY R egister on October 16, 1965 (30 FR. ing a complex and far-reaching subject Proposed Designation 13239). and submit helpful comments. In light of the comments received and 5. In addition, NAB urges that one of The Federal Aviation Agency is con­ of other developments it was determined the questions concerning which the Fur­ sidering amendments to Part 71 of the that this project requires further study ther Notice invited comments is whether Federal Aviation Regulations that would and that Notice 65-28 should be with­ subscription television should be limited designate a colored Federal airway from drawn. to a single technical system, and that to Anchorage, Alaska, radio, range via the Withdrawal of a notice of proposed rule prepare meaningful answers to this ques­ intersection of Anchorage radio range making constitutes only such action, and tion will require a thorough examination

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 PROPOSED RULE MAKING 11037 and analysis of all of the proposed sys­ 9. In view of the foregoing: It is or­ tems. NAB also urges that without such dered, This 12th day of August 1966, that SMALL DUSINESS an analysis a practical evaluation of the the informal requests for extension of possible effect of subscription television time for filing comments in this pro­ ADMINISTRATION on the present system of broadcasting ceeding filed by the American Civil cannot be made. The extensions of time Liberties Union and by Americans for [ 13 CFR Part 121 1 for submitting technical data mentioned Democratic Action, and the Request for [Rev. 6] in paragraph 2 above, NAB argues, have Extension of Time Within Which To created a difficult situation for those File Comments filed by the National As­ SMALL BUSINESS SIZE STANDARDS parties wishing to prepare such com­ sociation of Broadcasters, are granted Definition of Small Business for Bid­ ments since it shortened by about 2 to the extent indicated above and in all months the time for study of the tech­ other respects are denied, and that the ding on Government Procurements nical submissions. times for filing comments and reply for Naval Architectural and Ma­ 6. Also before the Commission are op­ comments in response to the further no­ rine Engineering Services positions to the aforementioned requests, tice of proposed rule making and notice filed by Field Communications Corp., of inquiry released herein on March 24, Notice is hereby given that the Ad­ International Telemeter Corp., Kaiser 1966, are extended from September 1, ministrator of the Small Business Ad­ Broadcasting Corp., RKO General, Inc., 1966, to October 10, 1966, and from Oc­ ministration proposes to amend the and RKO Phonevision Co. (jointly), Small Business Size Standards Regula­ tober 1, 1966, to November 10, 1966, re­ tion (Rev. 6) by establishing a new defi­ Trigg-Vaughn Stations, Inc., and Zenith spectively. nition of a small business concern for the Radio Corp., and Teco, Inc. (jointly). 10. This action is taken pursuant to purpose of bidding on Government pro­ No replies to the oppositions were filed. authority found in sections 4(i), 5(d) (1), curements for naval architectural and 7. The oppositions variously argue that and 303 (r) of the Communications Act marine engineering services. The pres­ no extension of time should be granted of 1934, as amended, and § 0.281(d) (8) because the Further Notice invited com­ of the Commission’s rules and regula­ ent definition of a small business concern ments on a multitude of issues only one tions. for the purpose of bidding on Govern­ of which involved technical systems and ment procurements for naval architec­ the parties requesting extension of time Released: August 15, 1966. tural and marine engineering services is have made no showing of what they have that a concern be independently owned F ederal Communications and operated, not dominant in its field of done with regard to preparing data for Commission, answering all of the other issues; that operation, and together with its affiliates [seal] B en F. W aple, have average annual sales or receipts of the question of whether there should be Secretary. a single system or multiple systems au­ $5 million or less for the preceding three thorized involves economic and social [F.R. Doc. 66-9053; “ Filed, Aug. 18, 1966; fiscal years. issues rather than technical issues; that 8:49 a.m.] Information available to SBA shows paragraph 39 of the Further Notice that concerns primarily engaged in fur­ stated that further proceedings would be nishing naval architectural and marine held for consideration of any technical engineering services are in competition rules concerning subscription television; FEDERAL TRADE COMMISSION with large diversified concerns which are and that NAB when granted a substan­ [ 16 CFR Part 115 1 industry giants and which have marine tial extension of time in which to file engineering or naval architectural de­ a helpful and informative response to RUBBER TIRE INDUSTRY partments. These large industrial the Zenith and Teco petition for further giants have total assets, annual receipts, rule making, failed to file anything at Proposed Rescission of Trade and number of employees which are all. It is also pointed out that the record Practice Rules many times that of the nondiversified in this proceeding already contains concerns primarily engaged in the voluminous information, that a substan­ Notice is hereby given that pursuant marine engineering and naval architec­ tial period for comments was allowed to the Federal Trade Commission Act, tural field. initially because of the complexity of as amended, 15 U.S.C. 41-58, and provi­ Further, in many instances, the this matter, and further delay would be sions of Part 1, Subpart F, of the Com­ smaller nondiversified naval architec­ unfair to the proponents of subscription mission’s procedures and rules of prac­ tural and marine engineering concerns television. tice, 16 CFR 1.61-1.67, the Commission are disadvantaged in obtaining a “fair 8. The Commission has given consid­ proposes to rescind the Trade Practice share” of Government procurements be­ eration to the pleadings for and against Rules for the Rubber Tire Industry pro­ cause Government procurements for an extension of time. On the one hand, mulgated October 17, 1936. naval architectural and marine engineer­ we wish to benefit from the comments of Interested or affected parties may sub­ ing services are included as a part of all interested parties in arriving at ulti­ mit their views, suggestions, objections a procurement for shipbuilding. The mate decisions on this matter of consid­ or other information concerning the pro­ large industrial giants bidding on the erable importance. On the other hand, posed rescission to the Chief, Division of shipbuilding contracts, as pointed out the proceeding is of many years’ stand­ Trade Practice Conferences and Guides, above, often have “in-house” capability ing, and a substantial period of time for Bureau of Industry Guidance, Federal for naval architectural and marine en­ filing comments to the Further Notice Trade Commission, Pennsylvania Avenue gineering services. Therefore, unless the was originally granted for the purpose and Sixth Street NW., Washington, D.C. smaller nondiversified naval architec­ of affording adequate time to all parties, 26580, in writing not later than Septem­ tural and marine engineering concerns and we do not wish unwarranted delays. ber 19,1966. can obtain Government work through Under the circumstances, we are of the All comments received will be available subcontracting from the large prime con­ opinion that an extension of time for for examination by interested parties at tractor, they have no opportunity to bid filing comments from September 1 to the Federal Trade Commission, Wash­ on the aforementioned type services. October 10, 1966, a period of nearly 6 ington, D.C., and will be fully considered Further, available information shows weeks, strikes a proper balance between by the Commission. that there has been a substantial increase these two considerations. This exten­ Approved: July 5, 1966. in the volume of business activity in the sion will not unduly delay the proceeding naval architectural and marine engineer­ and will afford parties, in our opinion, By direction of the Commission. ing field and also cost-price increases. sufficient additional time in which to [seal] J oseph W. Shea, Therefore, in view of the facts set forth prepare their comments. It is granted above, it is proposed to establish a size with the understanding that no addi­ Secretary. standard of average annual sales or re­ tional requests to extend comment time [F.R. Doc. 66-8966; Filed, Aug. 18, 1966; ceipts of $6 million or less for the preced­ will receive favorable consideration. 8:45 a.m.] ing 3 fiscal years for the purpose of bid-

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 No. 161----- 6 11038 PROPOSED RULE MAKING ding on naval architectural and marine It is proposed to change the definition (6) Any concern bidding on a contract engineering services. of a small business for the purpose of for naval architectural and marine engi­ Interested persons may file with the bidding on Government procurements neering services is classified as small if Small Business Administration within for naval architectural and marine engi­ it, including its affiliates, has average thirty (30) days after publication in the neering services as follows: annual receipts of $6 million or less for F ederal R egister written statements of The Small Business Size Standards the preceding 3 fiscal years. facts, opinions, or arguments concerning Regulation (Rev. 6), 31 F.R. 9721, is the proposed definition. hereby amended by adding subparagraph * * * * * All correspondence shall be addressed (6) to § 121.3-8(e) as follows: Dated: August 12,1966. to: Deputy Administrator for Procurement and § 121.3—8 Definition of small business W illiam P. T urpin, Management Assistance, Small Business for Government procurement. Assistant Administrator Administration, 811 Vermont Avenue NW„ ♦ * * * * Washington, D.C. 20416, Attention: Size for Administration. Standards Staff. (e) Services. * * * [F.R. Doc. 66-9028; Filed, Aug. 18, 1966; 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11039 Notices

with the Foreign Assets Control Regula­ able public land. As these islands are DEPARTMENT OF THE TREASURY tions are now available with respect to within the area of Federal Power Project Customs Bureau the importation into the United States 2431, they are withdrawn under the act directly, or on a through bill of lading, of June 10,1920 (41 Stat. 1075; 16 U.S.C. [T.D. 66-170; Customs Delegation Order 26] from Korea of the following additional 818), as amended, and are not subject to CUSTOMS AGENTS commodities: duck eggs, shell fish, dried any form of leasing or disposition. (oysters, scallops, other). All inquiries relating to these islands D elegation of Certain Functions, should be sent to the Manager, Eastern [seal] S tanley L. S ommerfield, Rights, P riv ile g e s, Powers, and Acting Director, States Land Office, Bureau of Land Duties Office of Foreign Assets Control. Management, Washington, D.C. 20240. August 12, 1966. [P.R. Doc. 66-9048; Piled, Aug. 18, 1966; D oris A. K oivula, By virtue of authority vested in me by 8:48 a.m.] Manager, Land Office. Treasury Department Order No. 165, Re­ [P.R. Doc. 66-9026; Piled, Aug. 18, 1966; vised (T.D. 53654, 19 P.R. 7241),. the 8:47 a.m.] functions, rights, privileges, powers, and Office of the Secretary duties formerly vested by section 509 of [Treasury Dept. Order 167-76] the Tariff Act of 1930, as amended (19 [Montana 166] U.S.C. 1509), in collectors of customs and COMMANDANT, U.S. COAST GUARD MONTANA appraisers of merchandise to cite to ap­ pear before them and examine upon Delegation of Authority Notice of Proposed Withdrawal and oath, which said officers are authorized By virtue of the authority vested in the Reservation of Lands to administer, any owner, importer, con­ Secretary of the Treasury by Reorganiza­ August 12,1966. signee, agent, or other person upon any tion Plan No. 26 of 1950 and 14 U.S.C. 631, matter or thing which they may deem and pursuant to the authority delegated The Department of Agriculture, on be­ material respecting any imported mer­ to me by Treasury Department Order half of the Forest Service, has filed ap­ chandise then under consideration or No. 190 (Rev. 4), there are hereby trans­ plication, Montana 166, for the with­ previously imported within 1 year, in ferred to the Commandant, U.S. Coast drawal of the lands described below, from ascertaining the classification or the Guard the functions of the Secretary location and entry under the mining value thereof or the rate or amount of contained in section 2 of Public Law 89- laws, subject to existing valid claims. duty; and to require the production of 381, concerning the leasing of certain The applicant desires the land for ad­ any letters, accounts, contracts, invoices, housing facilities for use as public ministrative sites and recreational areas. or other documents relating to said mer­ quarters for military personnel and their For a period of 30 days from the date chandise, and to require such testimony dependents. of publication of this notice, all persons to be reduced to writing, which func­ who wish to submit comments, sugges­ tions, rights, privileges, powers, and Dated: August 11,1966. tions, or objections in connection with duties were delegated to district direc­ [ seal] J ames P omeroy Hendrick, the proposed withdrawal may present tors of customs and regional commis­ Acting Assistant Secretary of their views in writing to the undersigned sioners of customs by Customs Delega­ the Treasury . officer of the Bureau of Land Manage­ tion Order No. 22 (T.D. 56470, 30 F.R. [P.R. Doc. 66-9011; Piled, Aug. 18, 1966; ment, Department of the Interior, 316 1180) and to the assistant regional com­ 8:45 a.m.] North 26th Street, Billings, Mont. 59101. missioners and the deputy regional com­ The Department’s regulations (43 CFR missioner of customs for Customs Region 2311.1-3(c) ) provide that the authorized n , New York, by Customs Delegation officer of the Bureau of Land Manage­ Orders Nos. 23 and 24 (T.D. 66-100, 31 DEPARTMENT OF THE INTERIOR ment will undertake such investigations F.R. 7150; and T.D. 66-113, 31 F.R. 7842), as are necessary to determine the exist­ are hereby delegated also to supervising Bureau of Land Management ing and potential demand for the lands customs agents, assistant supervising [ES 01228; Survey Group 71] and their resources. He will also under­ customs agents, and customs agents in take negotiations with the applicant charge, effective on the date of publica­ MICHIGAN agency with the view of adjusting the application to reduce the area to the tion of this order in the F ederal Notice of Filing of Plats of Survey R egister; minimum essential to meet the appli­ August 15, 1966. cant’s needs, to provide for the maximum [seal] Lester D. J ohnson, concurrent utilization of the lands for Commissioner of Customs. The plats of survey of islands in sec. 17, T. 41 N., R. 31 W., and sec. 35, T. purposes other than the applicant’s, to [P.R. Doc. 66-9031; Piled, Aug. 18, 1966; 42 N., R. 32 W., Michigan Meridian, eliminate lands needed for purposes more 8:47 a.m.] Michigan, accepted on March 31, 1966, essential than the applicant’s, and to will be officially filed in this Office effec­ reach agreement on the conclurent man­ tive at 10 a.m., on September 26, 1966. agement of the lands and their resources. Office of Foreign Assets Control The authorized officer will also prepare The lands are described as: a report for consideration by the Secre­ IMPORTATION OF CERTAIN MER­ T. 41 N., R. 31 W., Michigan Meridian, Mich­ tary of the Interior who will determine CHANDISE DIRECTLY FROM REPUB­ igan whether or not the lands will be with­ LIC OF KOREA Sec. 17, lot 6, drawn as requested by the applicant Available Certifications Containing 3.11 acres; and agency. T. 42 N., R. 32 W., The determination of the Secretary on Notice is hereby given that certificates Sec. 35, lots 8 and 9, the application will be published in the of origin issued by the Ministry of Com­ Federal R egister. A separate notice will merce and Industry of the Republic of Containing an aggregate of 1.82 acres. be sent to each interested party of record. Korea under procedures agreed upon These islands were surveyed under If circumstances warrant, a public between that Government and the Office special instructions which called for the hearing will be held at a convenient time of Foreign Assets Control in connection survey of all islands found to be survey- and place, which will be announced.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11040 NOTICES The lands involved in the application ,T. 3 S., R. 12 W„ fective August 15, 1966. The said ex­ are* 00M fytÿm Sec. 34, NWi/4NW^NWi/4. change has applied for and has other­ Beaverhead National F orest Total area-—10 acres. wise complied with the requirements PRINCIPAL MERIDIAN, MONTANA , Lower Seymour Campground imposed by the said act as a condition Crockett Lake Administrative Site T. 3 N., R. 13 W., precedent to such designation. Sec. 26, SW14NE%NE14 NW y4, SE^NW% This designation is subject to sus­ Unsurveyed, but which probably will be NE1/4NW%, NW&SE^NE&NW^, and pension or revocation in accordance when surveyed : NE?4 SW&NE % NW1 4 . with the provisions of the said act. For T. 8S., R, 2W„ Total area—10 acres. the purpose of any such suspension or Sec. 20, W1/2NW%NE14 and Ni/2NWi4SW% NEÎ4. Pintlar Falls Camp revocation, this designation and the Total area—25 acres. order issued by the Secretary of Agri­ Urisurveyed, but which probably will be culture on July 21, 1926, designating the West Fork Administrative Site wheri surveyed: T. I N., R. 15 W., said exchange as a contract market Unsurveyed, but which probably will be ? Sec. 2, Si/^Sy2SWi/4SWi/4; under the provisions of the Grain Fu­ when surveyed: ' —; r = Sec. 10, NE1/4NE14NE1/4; tures Act (42 Stat. 998), together with T. 12 S., R. 2 W., Sec. 11, NW14NW14 , Ny2SWy4 NWy4, and the order issued by the Secretary of Sec. 7, W i/2 SW14 SEy4 NE y4, Ei/2SE^SW14 N 1/2 sy 2sw% Nwi/4. Agriculture on November 26, 1940, des­ NE Î4, Wy2NW^NEi4 SE %, and E^NE^ Total,area—90 acres. NW^SE%. ignating the said exchange as a contract Total area—20 acres. Reservoir Lake Campground market for cottonseed oil, soybean oil, and tallow, and the order issued by the Willow Creek Campground T. 8S., R. 15 W., sec. 2 1 , Ei/2 Wi/2NWy4 SW14 , Ei/2Nwy4 sw y4, Secretary of Agriculture on February T. 3 S.. R. 3 W., arid W y2 NE i/4sw yA. 11, 1964, designating saidexchange as a Sec. 22, NEJ4NE%SW^ and N ^NW ^SE^. Total area—50 acres. contract market for cottonseed meal Total area—30 acres. May_ Creek Camp under the provisions of the Commodity Upper Suteshot Lake Picnic Area Exchange Act, as amended, shall consti­ T. 2 S., R. 18 W., tute a single designation. T. 3 S„ R. 3 W., Sec. 13, SW%SW%SW^4; Sec. 25, NW&SW^NE^, Ei/aSW^NE^, Sec. 14, SE% SE % SE y4; Issued this 15th day of August 1966. and W y2 SE % NE %. Sec. 23, Ey2NEi/4NEi4 ; Total area—50 acres. Sec. 24, W'^NWy4NWy4. J ohn A. S chnittker, Branham Lakes Campground Total area—60 acres. Under Secretary. [F.R. Doc. 66-9041; Filed, Aug. 18, 1966; T.4S.,R.3W„ The areas described aggregate 460 8:48 a.m.] Sec. :5, SE^SE^N E^, E i/2 S W y4 SE % NE *4, acres. , and N ^ NE % NE 14 SE 14 . Eugene H. N ewell, Total area—20 acres. Acting Land Officer Manager. Aspen Campground [F.R. Doc. 66-9027; Filed, Aug. 18, 1966; DEPARTMENT OF COMMERCE T. 5 S., R. 10 W., 8:47 am.] . Sec. 4, Sy2SW^SW%SW%. Office of the Secretary Total area—5 acres. FRANK R. BAILEY Canyon Creek Campground Statement of Changes in Financial Unsurveyed, but which probably will be DEPARTMENT OF AGRICULTURE Interests when surveyed : Commodity Exchange Authority T.2S., R. 11 W., In accordance with the requirements Sec. 34, NW14NE^4NE^4 . NEW YORK PRODUCE EXCHANGE of section 710(b) (6) of the Defense Pro­ Total area—10 acres. duction Act of 1950, as amended, and Dinner Station Campground Board of Trade Designated as Con­ Executive Order 10647 of November 28, tract Market for Soybeans Under Unsurveyed, but which probably will be 1955, the following changes have taken when Surveyed :' Commodity Exchange Act place in my financial interests as re­ T. 5 S.. R. 11 W., Notice is. hereby given that under the ported in the F ederal R egister during Sec.- 1,- Wy2SEi4NE^ and E^SW^NE^.- authorization and direction contained in the past six months: To-tal area—40 acres. the Commodity Exchange Act, as amend­ A. Deletions—No Change. Boot Lake Campground ed (7 U.S.C. l-17a), the New York Prod­ B. Additions—No Change. Unsurveyed, but which probably will be uce Exchange, of New York, N.Y., was This statement is made as of August when surveyed : . designated as a contract market for soy­ 1,1966. T. 5S.,R . 11 W., beans under the provisions of said Act F rank R. Bailey. Sec. 4, SW14 NE14NW14 and NW ^SE^ on August 15,1966, effective on said date. August 8,1966. NWy4. Total area—20 acres. Done at Washington, D C., this 15th [F.R. Doc. 66-9045; Filed, Aug. 18, 1966; day of August 1966. 8:48 a.m.] Pear Lake Campground Alex C. Caldwell, Urisurveyed, but which probably will be Administrator. when surveyed : T. 5 S., R. 11 W., [F.R. Doc. 66-9038; Filed, Aug. 18, 1966; 8:47 a.m.] DEPARTMENT OF HEALTH, EDUCA­ sec. 5, s w y4 se % ne 14 sw yA, n w %n e % SEV4SW14, SE 14 SW V4 NE V4 SW14 , and TION, AND WELFARE NE 14 NW1/4 SE Ï/4 SW1/4 . Total area—10 acres. Office of the Secretary Food and Drug Administration Little Joe Camp NEW YORK PRODUCE EXCHANGE MONSANTO CO. Unsurveyed, but which probably will be Contract Market for Soybeans-Under Notice of Filing of Petition for Food when surveyed : T. 3 8 ., R. 12 W., Commodity Exchange Act Additive Allyl Alcohol Sec. 21, S 1/2SE1/4 NE1/4 SW1/4 and Ny2 NE^ SE1/4SW1/4. Pursuant to the authorization and di­ Pursuant to the provisions of the Fed­ Total area—10 acres. rection contained in the Commodity eral Food, Drug, and Cosmetic Act (sec. Mono Creek Camp Exchange Act, as amended (7 U.S.C. 1- 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 17a), I hereby designate the New York (b)(5)), notice is given that a petition Unsurveyed, but which probably will be Produce Exchange, of New York, N.Y., (FAP 6B1855) has been filed by Mon­ when surveyed: as a contract market for soybeans, ef­ santo Co., Post Office Box 1531, Spring-

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 NOTICES 11041 field, Mass. 01101, proposing that para­ use prescribed, recommended, or sug­ specified in paragraphs a, b, c, and d graph (b) (3) (xvii) of § 12L2514 Resin­ gested in the labeling thereof, in that: above could not have been made. ous and polymeric coatings be amended New evidence concerning the clinical in­ The Commissioner also proposes under to provide for the safe use of allyl alco­ vestigations of Measurin Tablets re­ the provisions of section 505(d) of the hol in the production of resinous and ported by Cass Research Associates, Inc., act to refuse to approve the supple­ polymeric coatings intended for food- Cambridge, Mass., conducted under the ments pending on new-drug application contact use by adding “allyl alcohol” to sponsorship of and submitted by the ap­ No. 16-030 on the grounds that the data the list of polymers under “Styrene co- plicant as evidence in said application submitted do not show that the drug polymerized with one or more of the of the effectiveness of the drug, and will be safe for use under the conditions following.” which, were pertinent to the approval of prescribed, recommended, and suggested said nfew-drug application, shows the in the labeling, and substantial evidence Dated: August 12,1966. presence of irregularities in the reports has not been included in such supple­ J. K. K irk, of these investigations of sufficient ments to show that the drug will have Acting Commissioner of magnitude that such studies are not ade­ the effect it purports or is represented Food and Drugs. quate as a basis on which it can fairly to have under the conditions of use pre­ (FJB. Doc. 66-9042; Filed, Aug. 18, 1966; and responsibly be concluded, by experts scribed, recommended, or suggested in 8:48 a.m.] qualified by scientific training and ex­ the proposed labeling. perience to evaluate the effectiveness of In accordance with the provisions of the drug involved, that the drug will have section 505 of the Federal Food, Drug, SYRACUSE UNIVERSITY RESEARCH the effect it purports or is represented to and Cosmetic Act (21 U.S.C. 355) and CORP. have under the conditions of use pre­ the regulations appearing in Title 21, scribed, recommended, or suggested in its Code of Federal Regulations, Part 130, Notice of Filing of Petition for Food labeling. the Commissioner will give the appli­ Additives 2. The new-drug application contains cant named above, and any interested untrue statements of material fact in person who would be adversely affected Pursuant to the provisions of the Fed­ that four reports of clinical investiga­ by an order withdrawing such approval, eral Food, Drug, and Cosmetic Act (sec. tions reported by Cass Research Asso­ an opportunity for a hearing at which 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 ciates, Inc., identified by Project Code time such persons may produce evidence (b) (5) ), notice is given that a petition No. 63-3-C dated August 20, 1963, Proj­ and arguments to show why approval of (FAP 5B1786) has been filed by The ect Code No. 63-3-C II dated September new-drug application No. 16-030 should Microbiological and Biochemical Center, 18, 1963, Project Code No. 63-3-C HE not be withdrawn. Syracuse University Research Corp., 1075 dated October 18,1963, and Project Code Within 30 days from the date of publi­ Comstock Avenue, Syracuse, N.Y. 13210, cation of this notice in the F ederal R eg­ proposing the issuance of a regulation to No. 63-11-A dated March 12, 1964, and submitted by the applicant in said ap­ ister, such persons are required to file provide for the safe use of certain resins, plication as evidence of the safety and with the Hearing Clerk of the Depart­ produced by reacting trimellitic anhy­ effectiveness of Measurin Tablets, and ment of Health, Education, and Welfare, dride, 2,2-dimethylpropane-l,3-diol, and two reports of clinical investigations re­ Office of the General Counsel, Food and phosphoric acid anhydride, as food-con­ ported by Cass Research Associates, Inc., Drug Division, Room 5440, 330 Inde­ tact coatings. identified by Project Code No. 64-9l-F pendence Avenue SW., Washington, D.C. Dated: August 12,1966. dated March 4, 1965, and Project Code 20201, a written appearance electing whether: J. K. K irk, No. 65-5-E dated August 9, 1965, and Acting Commissioner of submitted by the applicant in the re­ 1. To avail themselves of the oppor­ Food and Drugs. port of clinical experience with Measurin tunity for a hearing; or Tablets required by section 505 (j) of the 2. Not to avail themselves of the op­ (F.R. Doc. 66-9043; Filed, Aug. 18, 1966; act (21 U.S.C. 355(j)) and §130.13 of 8:48 a.m.] portunity for a hearing. the new-drug regulations (21 CFR If such persons elect not to avail them­ 130.13) contain untrue statements of selves of the opportunity for a hearing, [Docket No. FDC-D-94; NDA No. 16-030] material fact in that: the Commissioner without further no­ a. They contain the identification of a tice will enter a final order withdrawing CHESEBROUGH-POND’S, INC. number of persons reported as being the approval of the new-drug applica­ treated with the drug during the period tion. Failure of such persons to file such Measurin Tablets; Notice of Oppor­ of said investigations who in fact were a written appearance of election within tunity for Hearing not so treated; at all or part of the time 36 days following the date of publication Notice is hereby given to the applicant, pertinent to these investigations these of this notice in the F ederal R egister Chesebrough-Pond’s, Inc., New York, persons were deceased or not hospitalized will be construed as an election by such N.Y., that the Commissioner of Food and at the institution where the investiga­ persons not to avail themselves of the Drugs proposes to issue an order under tions were allegedly conducted. opportunity for a hearing. the provisions of section 505(e) of the b. They contain the identification of The hearing contemplated by this no­ Federal Food, Drug, and Cosmetic Act clinical conditions for which a number tice will be open to the public, except (21 U.S.C. 355(e)) withdrawing approval of persons were being treated with the that any portion of the hearing that con­ of new-drug application No. 16-030 and drug, which conditions are not verified cerns a method or process which the all approved amendments and supple­ by the records of the institution where Commissioner finds is entitled to pro­ ments thereto held by Chesebrough- the investigations were allegedly con­ tection as a trade secret will not be open Pond’s, Inc., for the drug Measurin ducted. to the public, unless the respondent Tablets (10-grain aspirin, sustained-re­ c. They omit full information con­ specifies otherwise in his appearance. lease (timed-release) tablets) and undfer cerning other relevant treatments, evi­ If such persons elect to avail them­ the provisions of section 505 (d) of the act denced by the records of the institution selves of the opportunity for a hearing (21 U.S.C. 355(d)) refusing to approve where the investigations were allegedly by filing a timely written appearance of all pending supplements to the applica­ conducted, given concurrently to patients election, a hearing examiner will be tion, on the grounds that: . - reportedly being treated with the drugs. named by the Commissioner and he shall 1. New information before the Food d. They omit full information on all issue a written notice of the time and and Drug Administration with respect to relevant clinical conditions of the per­ place for the hearing. such drug evaluated together with the sons reported as being treated with the This notice is issued under the au­ evidence available when the application drug during these investigations. thority contained in the Federal Food, was approved show that there is a lack e. They contain statements of adverse Drug, and Cosmetic Act (secs. 505, 701, of substantial evidence that the drug will effects and useful results observed in a 52 Stat. 1052, as amended, 1055, as have the effect it purports or is repre­ number of persons being treated with the amended; 21 U.S.C. 355, 371) and dele­ sented to have undei; the conditions of drug, which observations for reasons gated by the Secretary of Health, Edu-

FEDERAL REGISTER, VO L 31, NO. 161— FRIDAY, AUGUST 19, 1966 11042 NOTICES cation, and Welfare to the Commissioner [Docket No. 16607; FOC66M-1096] Under consideration is a petition for (21 CFR 2.120; 31 F.R. 3008). HIGHWOOD SERVICE, INC. continuance filed by Northern Indiana. Dated: August 16,1966. The petition seeks extension of time Order Canceling Prehearing within which to exchange exhibits and W in ton B. Rankin, Conference an extension of hearing date. Deputy Commissioner of It appearing that no other party to Food and Drugs. In re application of Highwood Service, the proceeding has either objection to [F.R. Doc. 66-9050; Filed, Aug. 18, 1966; Inc., Topeka, Kans.; Docket No. 16607, grant of the petition or to. its immediate 8:48 a.m.] File No. BPCT-3561, for construction consideration; permit for new Television broadcast sta­ It is ordered, This 11th day of August tion. 1966, that the Petition for Continuance It is ordered, This 12th day of August filed by Northern Indiana Broadcasters, CIVIL AERONAUTICS BOARD 1966, on the Hearing Examiner’s own Inc., on August 10, 1966, is granted and [Docket No. 13577 etc.] motion, that the prehearing conference the date for exchanging exhibits is ex­ scheduled herein for September 7, 1966, tended from September 6 to September REOPENED TRANSATLANTIC ROUTE is canceled. 19, 1966, and that date for hearing is RENEWAL CASE Released: August 15,1966. extended from September 26 to Septem­ ber 28, 1966. Notice of Oral Argument F ederal Communications Notice is hereby given, pursuant to the Commission, Released: August 15,1966. provisions of the Federal Aviation Act of [seal] B en F. W aple, Secretary. F ederal Communications 1958, as amended, that oral argument in Commission, the above-entitled matter is assigned to [F.R. Doc. 66-9055; Filed, Aug. 18, 1966; [seal] B en F. Waple, be held on September 20,1966, at 10 a.m., 8:49 a.m.] Secretary. e.d.s.t., in Room 1027, Universal Building, Connecticut and Florida Avenues NW., [FJR. Doc. 66-9057; Filed, Aug. 18, 1966; Washington, D.C., before the Board. [Docket Nos. 16509, etc.; FCC 66M-1101] 8:49 ajn.] Dated at Washington, D.C., August 16, MICROWAVE COMMUNICATIONS, 1966. INC. ET AL. [Docket Nos. 16679, 16680; FCC 66M-1093] [seal] F rancis W. B rown, Order Continuing Hearing RKO GENERAL, INC. (KHJ-TV) AND Chief Examiner. In re applications of Microwave Com­ FIDELITY TELEVISION, INC. [F.R. Doc. 66-9046; Filed, Aug. 18, 1966; munications, Inc. et al.; Docket No. 8:48 a.m.] 16509, File No. 4615-C1-P-64; Docket Memorandum and Order, Following Nos. 16510, 16511, 16512, 16513, 16514, Hearing -Conferences FEDERAL COMMUNICATIONS 16515, 16516, 16517, 16518, 16519; for In re applications of RKO General, construction permits to establish new fa­ Inc. (KHJ-TV), Los Angeles, Calif.; cilities in the Domestic Public Point-to- Docket No. 16679, File No. BRCT-58; COMMISSION Point Microwave Radio Service at for renewal of broadcast license; Fidelity [Docket No. 16576; FCC 66M-1100] Chicago, 111., St. Louis, Mo., and Inter­ Television, Inc., Norwalk, Calif.; Docket mediate Points. No. 16680, File No. BPCT-3655; for con­ CONNECTICUT RADIO FOUNDATION, It is ordered, This 12th day of August struction permit for new television INC. AND CONNECTICUT TELE­ 1966, that the unopposed motion for con­ broadcast station (Channel 9). VISION, INC. tinuance filed by counsel for Microwave 1. This hearing involves the mutually Communications, Inc., on August 1,1966, exclusive applications of RKO for re­ Order Continuing Hearing is granted, and the several procedural newal of license of its Los Angeles tele­ In re application of Connecticut Radio dates are further extended as follows: vision station and of Fidelity for a new Foundation, Inc. (Assignor); and Con­ television station in Norwalk, Calif., a necticut Television, Inc. (Assignee); From To community located some 15 miles from Docket No. 16576, File No. BAPCT-370; Los Angeles. The Commission has found for assignment of the construction per­ Applicant to furnish its direct both applicants qualified to own and w itten case to other parties mit of television station WTVU (TV), and Hearing Examiner by__ Aug. 22 Sept. 30,1966 operate the stations they propose. Two Channel 59, New Haven, Cohn. Petitioners to furnish their issues have been designated to be heard. direct written cases to appli­ They read: Counsel for all parties having con­ cant and Hearing Examiner ferred informally with the Hearing Ex­ b y ..- — ------Sept. 12 Oct. 21,1966 (1) To determine which of the propos­ Receipt of notification of als would better serve the public inter­ aminer on August 12,1966; . witnesses for cross-exami­ It appearing, that it is probable that nation______-______Sept. 22 Oct. 31,1966 est. certain pleadings will be filed herein Hearing.— . ______Oct. 4 Nov. 7,1966 (2) To determine in the light of the which, if granted, may obviate the neces­ evidence adduced, pursuant to the fore­ sity for hearing on some or all of the Released: August 15,1966. going issue, which of the applications presently designated issues ; should be granted. It is ordered, This 15 th day of August F ederal Communications 2. Two prehearing conferences have 1966, that the procedural dates herein Commission, been held, one on July 11th and the other are continued as follows: [seal] B en F. W aple, on July 29, 1966. These conferences in (1) Exchange of exhibits and identifi­ Secretary. the main have been concerned with: (1) cation of witnesses from August 15, to [F.R. Doc. 66-9056; Filed, Aug. 18, 1966; The issues; (2) a stipulation between the September 12, 1966; 8:49 a.m.] parties covering, among other things, a (2) Notification of witnesses froth calendar of future procedural steps to be August 29, to September 26, 1966; and taken in the proceeding. (3) Hearing from September 6, to [Docket NO. 14855; FCC 66M-1094] 3. The problem presented by the issues October 4, 1966. NORTHERN INDIANA BROAD­ is that though seemingly broad in scope they are sharply circumscribed by Com­ Released: August 15, 1966. CASTERS, INC. mission policy. The applicants here, F ederal Communications Order Continuing Hearing both, in one way or another, want to _ Commission, elicit evidence on programing. The [ seal] B en F. W aple, . In re application of Northern Indiana Commission in its Policy Statement on Secretary. Broadcasters, Inc., Mishawaka, Ind., Comparative Hearings, 5 RR 1901, takes [F.R. Doc. 66-9054; Filed, Aug. 18, 1966; Docket No. 14855, File No. BP-14771; for a dim view of that subject being pursued 8:49 a.m.] construction permit. at hearing. Under the policy statement, FEDERAL REGISTER, VOL. 31, NO. 161 — FRIDAY, AUGUST 19, 1966 NOTICES 11043 programing engaged in in the past by an C. Any person sponsoring an exhibit The Examiner might take this oppor­ applicant falls under the heading of and any person whose affidavit is offered tunity to point out that should the Com­ “Past Broadcast Record’’ and can only in evidence by either party shall be made mission’s Review Board find its way clear be considered at hearing if the records available by that party for cross-exami­ to determine, sometime in advance of are “unusually good or unusually poor.” nation at the request of the other appli­ October 10, 1966, the “appropriateness” Programing to be presented in the future cant. The requirement for witness pro­ of consideration at the forthcoming hear­ is forbidden from consideration at hear­ duction here contemplated may be met ing the programing proposed to be car­ ing unless an issue going to that subject by production of the person requested as ried by the applicants, and whatever has first been obtained through petition a deponent under the terms of § 1.313 of other areas of proof they wish to pursue to the Commission’s Review Board and the Commission’s rules. and are now precluded from doing sa upon a finding that such an issue is D. A further prehearing conference without specific issues, a considerable “appropriate.” will be held on September 30, 1966, at contribution toward further delay in the 4. No little time was spent at the which time the applicants will orally trial and initial determination of this conference in exploring the possibility present threshold showings on why they matter might be effected. of the applicants meeting the designated should be permitted to elicit evidence on Accordingly, it is ordered, This 11th hearing date, September 19, 1966, with the past programing of RKO’s Los An­ day of August 1966, that the stipulation knowledge of what issues they were to geles station. set forth above is formally accepted, its try. The effort failed.1 E. Ail material which the parties in­ terms are held binding on the parties, 5. On the subject of programing un­ tend to offer in written form, except dep­ and in accordance with its terms the der the issues, one step was taken at ositions, shall be exchanged on October hearing now scheduled for September 19, conference. The Examiner ruled that 10,1966, or 30 days after the release dates 1966, is continued to November 14, 1966. he would hear oral presentation from of the Review Board’s decisions on pend­ Released: August 15,1966. counsel for the two parties on what they ing petitions to enlarge issues, whichever propose to prove concerning RKO’s past date is later. F ederal Communications programing. At the conclusion of this F. Assuming October 10th as the ex­ Commission, presentation if, in his judgment, there is change date, the following dates shall [seal] B en F. Waple, promise that evidence will be elicited apply. They shall be adjusted accord­ Secretary. tending to show that RKO’s past pro­ ingly if the alternative exchange date is [F.R. Doc. 66-9058; Filed, Aug. 18, 1966; graming has transcended the boundaries applicable. 8:49 a.m.] of “unusually good or unusually poor” (1) Request for additional informa­ programing, the proponent of the prof­ tion, where practicable, shall be made on fered evidence will be permitted to pro­ October 20th. ceed with the showing proposed. Failure (2) Such material as the applicant de­ FEDERAL POWER COMMISSION to meet this threshold standard will, of sires to submit in response to requests for [Docket No. CP66-336] course, preclude presentation of evidence additional information shall be sub­ on the subject.2 mitted on November 7, 1966, and on the ALABAMA-TENNESSEE NATURAL GAS 6. After the first conference, the ap­ same date the parties shall supply lists CO. plicants were left pretty much to them­ of witnesses to be called. selves to work out some kind of method (3) The hearing shall commence on Notice of Date of Hearing under which the instant matter could November 14, 1966, at which time the August 11,1966. eventually reach hearing stage. In this exhibits will be offered in evidence and connection, it is well to bear in mind that rulings made on objections to such offers On May 2, 1966, the Secretary of the the applications are for California sta­ of evidence. Federal Power Commission issued a no­ tions and hearings are to be held in (4) The names of witnesses desired for tice of the application filed herein, which was published in the F ederal R egister Washington. At the second conference cross-examination shall be furnished on on May 7, 1966 (31 F.R. 6845). By its applicants came up with a proposed November 21. application Alabama-Tennessee Natural stipulation. So much of that proposal (5) The hearing shall resume on De­ Gas Co. (Applicant) requests the Com­ as has been agreed to by all parties and cember 5, 1966, with the presentation of mission to issue a certificate of public has been approved by the Examiner is oral testimony. convenience authorizing the construc­ here set forth: G. If any of the exhibits of either ap­ tion and operation of the natural gas A. The direct case of any applicant plicant are excluded on the grounds of facilities required to increase its lateral may be presented orally or in writing competency, that applicant may adduce pipeline capacity in order to render ad­ except that evidence on matters as stip­ oral testimony with respect to the re­ ditional natural gas service to the city of ulated below shall be presented in written jected material. H. Material from the Commission’s Corinth, Miss., an existing customer of form as exhibits under oath. It is un­ files which any party may request to have Applicant, upon a condition proposed to derstood that each applicant may intro­ officially noted shall be reproduced, be set forth in the certificate requiring duce orally as part of his direct case any clearly identified, and introduced in the Corinth to enter into certain contractual evidence whether by way of explanation, form of an exhibit. arrangements, all as set forth in said I. The exhibits of each party shall be application. clarification, or elaboration of the ma­ Take further notice that, pursuant to terial contained in the exhibits which numbered serially. The lines of each page of the exhibits shall be numbered the authority contained in and subject is not contrary to or inconsistent with where practicable. to the jurisdiction conferred upon the the exhibits. J. Statistical material prepared by the Federal Power Commission by sections 7 B. Except as specifically limited by U.S. Census, whether decennial or special, and 15 of the Natural Gas Act, and the stipulation, the parties may proceed with may be accepted as facts, if source and Commission’s rules of practice and pro­ date are indicated. cedure, a hearing will be held on Sep­ the presentation of evidence orally or tember 27, 1966, at 10 ajn., e.d.s.t., in a through properly qualified documents as K. Letters from manufacturers, archi­ tects, builders, contractors, equipment Hearing Room of the Federal Power they deem appropriate. suppliers, and service suppliers, if other­ Commission, 441 G Street NW., Wash­ wise competent and admissible, will not ington, D.C., concerning the matters in­ 1 At the time of the second prehearing be objected to on the grounds of authen­ volved in and the issues presented by conference, at least six pleadings were on file ticity or proof of signature. said application. with the Review Board directed to the issues. 7. The foregoing covers the sum total J oseph H. G utride, 2 It is the Examiner’s understanding that of conference accomplishment. Under the procedure outlined in paragraph 5 is Secretary. contemplated by the policy statement re­ present procedures, it seems to be about [F.R. Doc. 66-9018; Filed, Aug. 18, 1966; ferred to above. all that could have been accomplished. 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11044 NOTICES [Docket No. CI61-78, etc.] revision of procedural rulings covering the Commission’s substantive regulatory ANADARKO PRODUCTION CO., service of testimony and cross examina­ requirements would be accomplished as tion of various witnesses. This order of or shortly after the termination date ET AL. grants staff’s requests. of this matter. * * * ” Findings and Order; Correction This proceeding was instituted by Other representations contained in order of investigation and hearing issued staff’s motion reveal that all jurisdic­ July 21, 1966. July 20,1965. Among other things, that tional questions affecting Respondents, Anadarko Production Co., et al., order directed a public hearing to find arising as a consequence of this proceed­ Docket Nos. CI61-78, etc.; Amerada Pe­ and determine whether Respondents are ing, may be resolved upon the basis of troleum Corp., Docket No. CI66-669. each a “public utility” within the mean­ further investigation and analysis of In the Findings and Order After Stat­ ing and subject as sueh to the regulatory Respondents’ operations without need utory Hearing Issuing Certificates of requirements of the Federal Power Act. for any additional formal hearings. If Public Convenience and Necessity, To date, a number of hearing sessions resolved, staff’s motion contemplates Amending Certificates, Permitting and have been held. By ruling of June 20, that this proceeding would be terminated Approving Abandonment of Service, 1966, the Presiding Examiner, Martin E. by subsequent Commission order. Terminating Certificates, Making Suc­ Rendelman, fixed the time for service of In the event these matters are in­ cessor Co-Respondent, Redesignating prepared testimony of Respondent com­ capable of resolution in that manner staff Proceedings, Accepting Agreement and panies’ witnesses, of staff’s witnesses and and Respondents now propose to submit Undertaking for Filing and Accepting cross examination of all witnesses, at their differences for Commission decision Related Rate Schedules and Supple­ various times commencing August 12, upon the basis of a stipulated record, or ments for Filing, issued May 25,1966, and 1966, and continuing through October 24, failing stipulation, upon the basis of published in the F ederal R egister June 1966. further factual hearings to be com­ 3, 1966 (F.R. Doc. 66-6074, 31 F.R. 7920), Staff’s requests are embodied in a Mo­ menced following the submittal of pre­ insert “G-192521” before “RI60-451” in tion To' The Commission For Enlarge­ pared testimony. Staff and Respondents the second paragraph on page 7921. ment of Proceeding filed July 29, 1966. propose to exchange their respective pre­ In paragraph (8) of the findings and By joint Answer of Respondents filed pared written testimony, with all ex­ paragraphs (Q), (R), and footnote 4 add August 3, 1966, Detroit and Consumers hibits attached, as follows: January 15, “G-19252” before “Docket No. RI60-45”. support the staff and urge that staff’s 1968, simultaneous service of all further direct testimony and February 15, 1968, J oseph H. Gutride, motion be granted. Intervenor, Michi­ Secretary. gan Public Service Commission, by an­ simultaneous service of all reply testi­ swer filed August 10, 1966, states that mony. Staff and Respondents propose to [F.R. Doc. 66-9019; Filed, Aug. 18, 1966; it has no objection to staff’s motion. No undertake any cross-examination com­ 8:46 a.m.] other parties appear of record. mencing March 1,1968. In substance, staff seeks to include In our opinion deferral of additional [Docket No. G-3699, etc.] among the issues to be resolved in this hearings in this proceeding as requested proceeding all questions concerning this by staff and Respondents will lead to ATLANTIC RICHFIELD CO. ET AL. Commission’s regulatory jurisdiction resolution of all jurisdictional issues Notice of Applications for Certificates, pursuant to the Federal Power Act over herein raised and to overall effective im­ the wholesale electric sales, services, plementation of the Commission's sub­ Abandonment of Service and Pe­ rates, charges, classification, rules, regu­ stantive regulatory requirements at the titions To Amend Certificates; Cor­ lations, contracts, and practices of Re­ earliest practical time. The proposed re­ rection spondents. Staff advises that in the vised order of procedure should be August 5,1966. course of the hearing as now scheduled, adopted. Atlantic Richfield Co., et al., Docket questions have arisen as to the scope of Simultaneously, with the filing of its Nos. G-3699, etc.; Tenneco Oil Co., Dock­ the proceeding fixed by the Commission’s Motion For Enlargement of Proceeding et No. CI67-56. July 20, 1965 order. Respondent com­ staff filed a motion with the Presiding In the Notice of Applications for Cer­ panies dispute the inclusion of any Examiner for a 60-day continuance of tification, Abandonment of Service and wholesale rate and service jurisdictional all dates for service of prepared testi­ Petitions to Amend Certificates, issued questions as a part of this proceeding as mony and further hearing as those dates July 29, 1966, and published in the F ed­ fixed by that order. are now reflected in the Examiner’s Rul­ eral R egister August 9, 1966 (F.R. Doc. Paragraph A of this order lists whole­ ing of June 20,1966. Under that Ruling, 66-8536, 31 F.R. 10617), in the chart sale for resale electric transactions of Respondent companies and staff are change “Docket No. CI66-56” to read Edison and Consumers, respectively. scheduled to serve prepared testimony at “Docket No. CI67-56” after Tenneco Oil Neither Company has submitted any rate various times commencing August 12, Co. schedules for wholesale electric service. 1966. Staff filed its Motion For Continu­ Whether they are obligated to do so are ance with the Examiner in the event J oseph H. Gutride, matters which should be resolved. Pur­ Commission action was not taken with Secretary. suant to sections 201, 205, and 206 of respect to staff’s Motion For Enlarge­ [F.R. Doc. 66-9020; Filed, Aug. 18, 1966; the Federal Power Act we herein amend ment of Proceeding prior to August 12, 8:46 a.m.] our earlier order as requested by staff 1966. Respondent companies joined in and Respondents to include those ques­ staff’s motion to the Examiner by joint tions within the procedural scope of this answer filed August 5, 1966. On August [Docket No. E-7234], proceeding. 3, 1966, staff’s motion was referred to DETROIT EDISON CO. AND Additionally, this order defers further the Commission by the Examiner. CONSUMERS POWER CO. hearings in this matter to accommodate In view of the action taken herein in investigations and conferences among regard to staff's motion for enlarge­ Order Amending Prior Order of the parties. Staff’s motion advises that ment of proceeding and deferral of fur­ Investigation and Hearing discussions among respective counsel for ther hearings, we find it unnecessary to the parties show “ * * * Respondents are pass upon staff’s motion to the Examiner August 12, 1966. prepared to cooperate immediately with for continuance and the joint Answer of Subsequent to the initiation of this staff during the pendency of this pro­ Respondents thereto. proceeding Commission staff requested ceeding in a review and investigation of The Commission further finds: It is an enlargement of the issues, a deferral the Companies’ operations in the light of necessary and appropriate for the pur­ of further hearings pending staff inves­ this Commission’s substantive regula­ poses of the Federal Power Act, particu­ tigation of the operations, books and tory requirements. If, by reason of this larly, but not in limitation of the fore­ records of Respondent companies, the proceeding, Respondents are determined going, sections 201, 205, 206, 208, 301, 307, Detroit Edison Co. (Detroit), and Con­ to be subject to the Commission’s regu­ 308, and 309, that the Commission find sumers Power Co. (Consumers), and a latory jurisdiction, full compliance with and determine in the above-entitled mat-

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 NOTICES 11045 ter whether the sales and services of [Docket Nos. Q—9279, etc.] Rates, issued May 20,1966, and published Detroit and Consumers at wholesale for PAN AMERICAN PETROLEUM CORP. in the F ederal R egister May 28, 1966 resale to the respective entities as set (F.R. Doc. 66-5844, 31 F.R. 7718), change forth in paragraph (A) below are sales Order Approving Rate Settlement Pro­ footnote to read footnote in Ap­ and services at wholesale in interstate posal, Severing and Terminating pendix A under the column headed “Pro­ commerce subject to the jurisdiction of Proceedings, and Prescribing Re­ posed Increase Rate” after Docket No. this Commission under the provisions of funds; Correction RI66-383, FPC Gas Rate Schedule Nos. 199 and 228. the Federal Power Act for which Detroit J uly 14,1966. and Consumers must file appropriate J oseph H. Gutride, rate schedules in the manner provided in In the Order Approving Rate Settle­ Secretary. ment ^Proposal, Severing and Terminat­ Part 35 of the Commission’s regulations [F.R. Doc. 66-9025; Filed, Aug. 18, 1966; under that Act; that the public hearing ing Proceedings, and Prescribing Re­ 8:47 a.m.] in the above-entitled matter be deferred funds, issued April 13, 1966 and pub­ to January 15, 1968; and that a revised lished in the F ederal R egister April 22, order procedure be adopted. 1966 (F.R. Doc. 66-4280, 31 F.R. 6209), The Commission orders; in the first full paragraph on page 6210 INTERSTATE COMMERCE (A) The Commission’s order issued change “126” to “226”. July 20, 1965, in the above-entitled mat­ In Appendix A, page 6217 change: COMMISSION ter is hereby amended by the addition of After Docket No. “CI61-1307” under the following paragraphs (E), (F), and column (e) change “13.0000(17)” to MOTOR CARRIER TEMPORARY (G). read “12.0000”; AUTHORITY APPLICATIONS Under Column (g) change “12.2104 (E) The public hearing in this matter [Notice 236] in addition to matters referred to above (17) ” to read “11.2104”. shall find and determine whether the fol­ Under Column Settlement Rate August 16, 1966. lowing sales and services of Detroit and change “13.0000” to read “12.2295”. The following are notices of filing of Consumers, respectively, are subject to After Docket No. “RI64-532(20) ” applications for temporary authority this Commission’s regulatory jurisdiction under column (g) change “13.2295(17)” under section 210a(a) of the interstate pursuant to the provisions of sections 205 to read “12.2295”. Commerce Act provided for under the and 206 of the Federal Power Act and Under Category change “B” to “A” new rules in Ex Parte No. MC 67 (49 Part 35 of the Commission’s regulations after Docket No. “RI64-532(20)”. CFR Part 240), published in the Federal thereunder. On page 6217, in the chart, change Register, issue of April 27,1965, effective Detroit: footnote “29” to read “26” in both July 1, 1965. These rules provide that Village of Clinton, Mich. places. protests to the granting of an application Consumers Power Co. Delete footnote “9” from the foot­ must be filed with the field official named City of Croswell, Mich. notes. in the Federal Register publication, City of Detroit, Mich. In Appendix B, pages 6217 and 6218 within 15 calendar days after the date Thumb Electric Coop. make the following changes: notice of the filing of the application is City of Wyandotte, Mich. Opposite Docket No. “CI63-1445” Consumers: published in the Federal Register. One Alpena Power Co. delete “ (31)” after “17.5000”. copy of such protest must be served on Bay City, Mich. Under OKLAHOMA—OTHER delete the applicant, or its authorized repre­ City of Charlevoix, Mich. the second line in its entirety. sentative, if any, and the protest must Village of Chelsea, Mich. Under Column (f) change “RI63-48” certify that such service has been made. City of Coldwater, Mich. to read “RI63-481”. The protest must be specific as to the Detroit Edison Co., The Delete footnote “12”. City of Eaton Rapids, Mich. service which such protestant can and Edison Sault Electric Co. J oseph H. Gutride, will offer, and must consist of a signed City of Harbor Springs, Mich. Secretary. original and six copies. City of Hillsdale, Mich. [F.R. Doc. 66-9023; Filed, Aug. 18, 1966; A copy of the application is on file, and City of Holland, Mich. 8:46 a.m.] can be examined, at the Office of the Sec­ City of Lansing, Mich. retary, Interstate, Commerce Commis­ City of Marshall, Mich. [Docket No. G-3216, etc.] sion, Washington, D.C., and also in the Northern Michigan Electric Coop. field office to which protests are to be City of Petoskey, Mich. PAN AMERICAN PETROLEUM CORP. Village of Portland, Mich. transmitted. ET AL. Rogers City Power Co. M otor Carriers of P roperty Southeastern R.E.C. Notice of Applications; Correction Wolverine Electric Coop. No. MC 41116 (Sub-No. 26 TA), filed Village of Union City, Mich. August 10,1966. August 12, 1966. Applicant: FOGLE- (F) The public hearing in this matter Pan American Petroleum Corp. et al., MAN TRUCK LINE, INC., 1001 West is deferred to January 15, 1968, unless Docket Nos. G-3216, etc.; Pan American Northern Avenue, Crowley, La. 70526. this proceeding is terminated theretofore Petroleum Corp., Docket No. CI63-1445. Authority sought to operate as a con­ by further order of the Commission. In the Notice of Applications issued tract carrier, by motor vehicle, over ir­ (G) Tn the event the above-entitled August 2, 1966 and published in the regular routes, transporting: Bags, bag­ proceeding is not terminated on or before F ederal R egister August 10, 1966 (F.R. ging, steel cotton-bale ties, burlap, and January 15, 1968, and thé issues herein Doc. 66-8697, 31 F.R. 10655), delete twine, between Crowley, La., on the one are not presented for Commission con­ Docket No. CI63-1445 in its entirety.' hand, and, on the other, points in Ala­ sideration upon the basis of a stipulation bama, Arkansas, Georgia, Florida, Louis­ J oseph H. Gutride, iana, Tennessee, Texas, and Missouri, Detroit, Consumers, staff, and any other Secretary. party shall exchange their respective pre­ /or 180 days. Supporting shipper: Con­ [F.R. Doc. 66-9024; Filed, Aug. 18, 1966; tinental Bag Co., Post Office Box 491, pared written testimony, with all exhibits 8:46 a.m.] attached, on all issues raised herein as Crowley, La. 70526, Mr. I. Garcia, Treas­ urer. Send protests to: W. R. Atkins, follows: January 15, 1968, simultaneous [Docket Nos. RI66-382, RI66-383] service of all further direct testimony; District Supervisor, Interstate Commerce and February 15, 1968, simultaneous TEXACO INC. (OPERATOR), ET AL. Commission, Bureau of Operations and service of all reply testimony. Cross Compliance, T-4009 Federal Office Build­ examination of this testimony shall com­ Order Providing for Hearings on and ing, 701 Loyola Avenue, New Orleans, mence March 1, 1968. Suspension of Proposed Changes La. 70113. in Rates; Correction No. MC 95876 (Sub-No. 62 TA), filed [seal] J oseph H. G utride, August 4, 1966. Applicant: ANDERSON Secretary. August 5, 1966. TRUCKING SERVICE, INC., 203 Cooper [P.R. Doc. 66-9021; Filed, Aug. 18, 1966; In the Order Providing for Hearings on Avenue North, Post Office Box 844, St. 8:46 a.m.] and Suspension of Proposed Changes in Cloud, Minn. 56301. Applicant’s repre- FEDERAL REGISTER, VOL. 31 NO. 161— FRIDAY, AUGUST 19, 1966 No. 161----- 6 11046 NOTICES

sentative: Harold E. Anderson (same ad­ picture film used primarily for com­ carrier, by motor vehicle, over irregular dress as above). Authority sought to mercial theater and television exhibi­ routes, transporting: Exposed and proc­ operate as a common carrier, by motor tion), between Fitchburg, Mass., on the essed film and prints, complimentary re­ vehicle, over irregular routes, transport­ one hand, and, on the other, points in placement film, and incidental dealer ing: Building, roofing, and insulation Connecticut; points in Ashland, Auburn, handling supplies (except motion picture materials; accessories for installation; Biddeford, Bingham, Brownville Junc­ film and materials and supplies used in cement and asbestos products; and dam­ tion, Buckport, Calais, Camden, Chris- connection with commercial and tele­ aged and rejected shipments on return. holm, Ellsworth, Fort Kent, Greenville vision motion picture). Between St. From Waukegan, 111., to points in Iowa, Junction, Hiram, Kittery, Lewiston, Louis, Mo., on the one hand, and, on the for 180 days. Supporting shipper: Locke Mille, Lubec, Machais, Madison, other, Ford, Reno, Sedgwick, Shawnee, Johns-Manville Products Corp., Wauke­ Mexico, Millinocket, Mount Desert, Salina, Dickenson, and Johnson Coun­ gan, HI. Send protests to: C. H. Berg- Naples, Newcastle, Newport, Norway, ties, Kans., for 180 days. Supporting quist, District Supervisor, Bureau of Op­ Oakland, Portland, Porter, Presque Isle, shipper: Apex Photo Service, 8049-51 erations and Compliance, Interstate Rockland, Rumford, Sanford, South Litzsinger Road, St. Louis, Mo. 63144. Commerce Commission, 448 Federal Berwick, South West Harbor, Warren, Send protests to> Charles J. Kudelka, Building and Courthouse, 110 South Waterville, Wilton, and Yarmouth, District Supervisor, Interstate Commerce Fourth Street, Minneapolis, Minn. 55401. Maine; points in Ashland, Bennington, Commission, Bureau of Operations and No. MC 107882 (Sub-No. 10 TA), filed Berlin, Charleston, Chester, Claremont, Compliance, Room 1086, U.S. Courthouse August 12, 1966. Applicant: ARMORED Concord, Errol, Francestown, Gorham, and Federal Office Building, 219 South MOTOR SERVICE CORPORATION, 160 Greenville, Hampton, Hanover, Hills­ Dearborn Street, Chicago, HI. 60604. Ewingville Road, Trenton, N.J. Appli­ boro, Hopkinton, Hudson, Keene, Lan­ No. MC 114533 (Sub-No. 146 TA), filed cant’s representative: Nathan N. Schild- caster, Littleton, Manchester, Milford, August 12, 1966. Applicant: B.D.C. kraut, 143 East State Street, Suite 631, Milton, Nashua, New London, New Mar­ CORPORATION, 4970 South Archer Trenton, N.J. 08608. Authority sought ket, Newport, North Sutton, Pittsfield, Avenue, Chicago, 111. 60632. Authority to operate as a contract carrier, by Plymouth, Raymond, Rindge, Roches­ sought to operate as a common carrier, motor vehicle, over irregular routes, ter, Somersworth, Troy, Whitfield, Wil­ by motor vehicle, over irregular routes, transporting: Subsidiary coins, between ton, Winchester, Windham, Woodsville, transporting: Eyeglasses, frames, lenses, Philadelphia, Pa., and West Point, N.Y., New Hampshire; and points in Rhode and other parts thereof, between Chi­ for 180 days. Supporting shipper: U.S. Island. (3) Business papers, records, cago, HI., on the one hand, and, on the Treasury. Send protests to: Raymond and audit and accounting media of all other, Springfield, Danville, Peoria, T. Jones, District Supervisor, Bureau of kinds (excluding plant removals) (a) Champaign, Decatur, Park Forest, Operations and Compliance, Interstate between Paramus, N.J,, and New York, Aurora, Elgin, Rockford, Kankakee, Commerce Commission, 410 Post Office N.Y. (b) between New York, N.Y., on Joliet, Calumet City, and Arlington Building, Trenton, N.J. 08608. the one hand, and, on the other, Sears- Heights, 111. Restricted to prior or sub­ No. MC 111729 (Sub-No. 166 TA), filed port and South Portland, Maine; Fall sequent shipment by air or express, for August 12,1966. Applicant: AMERICAN River and Waltham, Mass.; East Brook­ 180 days. Supporting shipper: Gate COURIER CORPORATION, 2 2 2 -1 7 lyn, Md.; and Springfield, Va. City Optical Co., 1013 Grand Avenue, Northern Boulevard, De Bevoise Building, (4) Checks, business papers, records,Kansas City, Mo. Send protests to: Bayside, N.Y. 11361. Applicant’s rep­ and audit and accounting media of all Charles J. Kudelka, District Supervisor, resentative: J. K. Murphy (same address kinds (excluding plant removals), (a) Interstate Commerce Commission, Bu­ as above). Authority sought to operate between Clifton, N.J., on the one hand, reau of Operations and Compliance, as a common carrier, by motor vehicle, and, on the other, points in Fairfield, Room 1086, U.S. Courthouse and Federal over irregular routes, transporting: (1) Litchfield, and New Haven Counties, Office Building, 219 South Dearborn Radiopharmaceuticals, radioactive drugs Conn.; points in Nassau (except Great Street, Chicago, HI. 60604. and medical isotopes (a) between New Neck), Suffolk, Richmond, Westchester, No. MC 124078 (Sub-No. 243 TA), filed York, N.Y., on the one hand, and, on the Sullivan, Rockland, Orange and Dutch­ August 12, 1966. Applicant: SCHWER- other, points in District of Columbia, ess Counties, N,Y.; and points in Bucks, MAN TRUCKING CO., 611 South 28th Connecticut, Maryland, Massachusetts, Lehigh, Northampton, Chester, Dela­ Street, Milwaukee, Wis. 53246. Appli­ New Jersey, Pennsylvania, Rhode Island, ware, Berks, and Lancaster Counties, Pa., cant’s representative: Richard H. Pre- and Virginia, (b) Between Boston, (b) between Hartford County, Conn., on vette (same address as above). Author­ Mass., on the one hand, and, on the the one hand, and, on the other, Nassau ity sought to operate as a common car­ other, points in Connecticut, Massachu­ County, N.Y. (5) Meter books, meter rier, by motor vehicle, over . irregular setts, and Rhode Island, restricted to reading scan sheets, sales slips, cashier routes, transporting: Lime, in bulk, from traffic having an immediately prior or payment stubs, data runs and audit Longview, Ala., to road construction job- immediately subsequent movement by media, between Westboro, Mass., on the site along Mississippi Highway 25 south­ air. (c) Between Washington, D.C., and one hand, and, on the other, Lebanon, east of Aberdeen, Miss., for 150 days. Dulles Airport, Fairfax, Va., on the one N.H., and Providence, R.I., for 180 days. Supporting shipper: W. S. Warren, traf­ hand, and, on the other, points in Mary­ Supporting shippers: nuclear Consul­ fic manager, Longview Lime Corp., 2144 land and Virginia, restricted to traffic tants, Box 6172, Lambert Field, St. Louis, Highland Avenue South, Post Office Box having an immediately prior or imme­ Mo. 63145, Art Photo Service, Inc., 260 3358, Birmingham, Ala. 35205. Send diately subsequent movement by air. Lunenburg Street Fitchburg, Mass., protests to: W. F. Sibbald, Jr., District (d) Between Bradley Field, . Windsor Paramus Service, Inc., 26 Park Place, Supervisor, Bureau of Operations and Locks, Conn., on the one hand, and, on Paramus, N.J., Shell Oil Co., 1250 Sixth Compliance, Interstate Commerce Com­ the other, points in Connecticut, re­ Avenue, New York 20, N.Y., Automatic mission, 108 West Wells Street, Room 511, stricted to traffic having an immediately Data Processing, Inc., 1040 Highway 46, Milwaukee, Wis. 53203. prior or immediately subsequent move­ Clifton, N.J., Univac, 210 Washington No. MC 124774 (Sub-No. 61 TA), filed ment by air. (e) Between Baltimore, Street, Hartford, Conn. 06106, New Eng­ August 12, 1966. Applicant: CARA- Md., on the one hand, and, on the other,- land Power Service Co., Turnpike Road, VELLE EXPRESS, INC., Post Office Box points in Maryland and the District of Westboro, Mass. 01581. Send protests 384, Norfolk, Nebr. 68701. Applicant’s Columbia, restricted to traffic having an to: E. N. Carignan, District Supervisor, representative: David D. Tews, Box 4843, immediately prior or immediately sub­ Bureau of Operations and Compliance, State House Station, Lincoln, Nebr. sequent movement by air. Interstate Commerce Commission, 346 68509. Authority sought to operate as a (2) Exposed and processed film and Broadway, New York, N.Y. 10013. common carrier, by motor vehicle, over prints, complimentary replacement film, No. MC 114533 (Sub-No. 145 TA), irregular routes, transporting: Meat, incidental dealer handling supplies filed August 12, 1966. Applicant: meat products and meat byproducts, consisting of labels, envelopes, and pack­ B.C.D. CORPORATION, 4970 South from points in Morgan and Logan Coun­ aging materials and advertising literature Archer Avenue, Chicago, 111. 60632. Au­ ties, Colo., to points in Colorado, Hlinois, moving therewith (excluding motion thority sought to operate as a common Indiana, Iowa, Kansas, Kentucky, Michi-

FEDERAL REGISTER, VOL. 3T, NO. 161— FRIDAY, AUGUST 19, 1966 NOTICES 11047 gan, Minnesota, Missouri, Ohio, and Wis­ Boston, Mass. 02109. Authority sought where to send protests, which was in­ consin, for 180 days. Supporting ship­ to operate as a common carrier, by motor advertently omitted from previous pub­ per: Sterling Colorado Beef Co., Sterling, vehicle, over irregular routes, transport­ lication. Colo. 80751, Port Morgan Dressed Beef, ing: Bananas, and Bananas in the same By the Commission. Inc., Port Morgan, Colo. 80701. Send vehicle with fresh fruit, vegetables and protests to: Carroll Russell, District Su­ berries, from Boston, Mass., New York [ seal] H. N eil Garson, pervisor, Interstate Commerce Commis­ City, N.Y., Port Newark, and Weehaw- Secretary. sion, Bureau of Operations and Compli­ ken, N.J., to ports of export on or near [F.R. Doc. 66-9059; Filed, Aug. 18, 1966; ance, 304 Post Office Building, Sioux City, the Canadian border at Bar Harbor, 8:49 ajn.J Iowa 51101. Calais, Vanceboro, and Houlton, Maine, No. MC 124774 (Sub-No. 62 TA), filed and Rouses Point, N.Y. Restricted to August 12,1966. Applicant CARAVELLE shipments destined for New Brunswick, [Notice 1399] EXPRESS, INC., Post Office Box 384, Nova Scotia, Prince Edward Isle, and MOTOR CARRIER TRANSFER Norfolk, Nebr. 68701. Applicant’s repre­ Newfoundland, for 180 days. Support­ PROCEEDINGS sentative: David D. Tews, Post Office ing shippers: Roy O’Brien, Ltd., 1141 Box 4843, State House Station, Lincoln, Barrington Street, Halifax, Nova Scotia, August 16, 1966. Nebr. Authority sought to operate as a Nickerson & Crease, Ltd., 1127 Barring­ Synopses of orders entered pursuant common carrier, by motor vehicle, over ton Street, Halifax, Nova Scotia. Send to section 212(b) of the Interstate Com­ irregular routes, transporting: Meat, protests to: Ross J. Seymour, District merce Act, and rules and regulations pre­ Meat Products and Meat "byproducts,

FEDERAL REGISTER, VO L 31, NO. 161— FRIDAY, AUGUST 19, 1966 11048 NOTICES

Lexington, Ky., of the operating rights ness as J. F. Riemer & Co., West Haven, published in the F ederal R egister of Au­ of John L. Muth, doing business as Muth Conn., authorizing the transportation of: gust 18, 1966. Van Service, Lexington, Ky., in certif­ meat and packinghouse products, over I. Investigation instituted. In ac­ icates Nos. MC-108214, MC-108214 irregular routes, from New Haven, Conn., cordance with Part 205 of the Commis­ (Sub-No. 2), and MC-108214 (Sub-No. to Springfield, Mass., and Providence and sion’s rules of practice and procedure, 4), issued August 24, 1955, November 12, Westerly, R.I., and from New Haven and the Commission has instituted an inves­ 1957, and February 18, 1965, authorizing Bridgeport, Conn., to points and places tigation for the purpose of obtaining, to the transportation, over irregular routes, in Connecticut. Robert M. Taylor, Jr., the extent practicable, information of of livestock, other than ordinary, and, 129 Church -Street, New Haven, Conn. the kind described in section 221(c) of in the same vehicle with such livestock, 05610, attorney for applicants. the Act for use in connection with the supplies and equipment used in the care [seal] H. N eil G arson, preparation of advice to the President and exhibition of such livestock, mascots, Secretary. required by section 221(b) of the Act, and the personal effects of their attend­ namely, advice with respect to each ar­ ants, trainers, and exhibitors; livestock, [F.R. Doc. 66-9060; Filed, Aug. 18, 1966; ticle included in the President’s list of other than ordinary livestock, and, in 8:49 a.m.] the Commission’s judgment as to the connection therewith, personal effects of probable economic effect of modifications attendants, and supplies and equipment, [Notice 956] of duties or other import restrictions on including mascots, used in the care and industries producing like or directly com­ exhibition of such animals; horses, other MOTOR CARRIER OF PROPERTY petitive articles. than ordinary, and in the same vehicle August 17, 1966. II. Procedure for conduct of hearings with such horses, stable supplies, and and submission of written views. A. equipment used in the care and exhibi­ The following applications are gov­ Public hearings in connection with the tion of such horses, mascots, and the per­ erned by the Interstate Commerce Com­ investigation will commence at 10 a.m. sonal effects of their attendants, trainers mission’s special rules governing notice on Monday, the 26th day of September and exhibitors, between points in Ken­ of filing of applications by motor carriers 1966, in the Hearing Room, Tariff Com­ tucky; between points in Kentucky on of property or passengers under sections mission Building, Eighth and E Streets the one hand, and, on the other, points 5(a) and 210a(b), of the Interstate Com­ NW., Washington, D.C. in Ohio, Michigan, and Illinois; between merce Act, and certain other proceedings 1. Requests to appear at the public points in the New York, N.Y., commercial With respect thereto (49 CFR 1.240). hearings must be filed in writing with the zone as defined by the Commission, and Motor Carrier of P roperty Secretary of the Commission on or before those in Suffolk and Nassau Counties, No. MC-F-9506 (CROUCH BROS., September 16,1966. Such requests must N.Y., on the one hand, and, on the other, INC.—PURCHASE—PLAINS MOTOR contain the following information: points in Delaware, New Jersey, Penn­ a. The item number or numbers in the sylvania, Maryland, Virginia, South EXPRESS, INC.), published in the Au­ Tariff Schedules of the United States gust 17, 1966, issue of the F ederal R eg­ Carolina, Connecticut, Rhode Island, covering the article or articles on which ister on page 10941. By application New Hampshire, Massachusetts, North filed August 15, 1966, CROUCH BROS., testimony will be presented. Carolina, Vermont, and the District of INC., seeks to temporarily lease the op­ b. The name and organization of the Columbia; between points in Illinois, In­ erating rights of PLAINS MOTOR EX­ witness or witnesses who will testify, and diana, Kentucky, Michigan, and Ohio; PRESS, INC., under section 210a(b). the name, address, telephone number, and between points in Fayette and Wood­ and organization of the person filing the ford Counties, Ky., on the one hand, and, By the Commission. request. on the other, points in Connecticut, Del­ [ seal] H . Neh, Garson, c. A statement indicating whether the aware, Maryland, Massachusetts, New Secretary. testimony to be presented will be on be­ Hampshire, New Jersey, New York, North half of importer or domestic-producer Carolina, Pennsylvania, Rhode Island, [F.R, Doc. 66-9099; Filed, Aug. 18, 1966; interests. South Carolina, Vermont, and Virginia, 8:49 am.] d. A careful estimate of the aggregate varying with the commodities trans­ time desired for presentation of oral tes­ ported. Louis J. Amato, 703-706 McClure timony by all witnesses for whose ap­ Building, Frankfort, Ky. 40601, attorney pearances the request is filed. for applicants. TARIFF COMMISSION 2. Allotment of time. Because of the No. MC-FC-68976. By order of Au­ [TEA—221(b)—3] extensive scope of the President’s list, gust 11, 1966, the Transfer Board ap­ limitation of time for the presentation proved the transfer to Oyster Bay Motor PRESIDENT’S SUPPLEMENTAL LIST OF of oral testimony is in the public interest. : Haulage, Inc., Syosset, N.Y., of the oper­ ARTICLES FOR POSSIBLE CONSID­ Accordingly, in scheduling appearances ating rights Of Dominic J. Principe, doing ERATION IN TRADE AGREEMENT at the hearings the time to be allotted business as Oyster Bay Motor Haulage, NEGOTIATIONS to witnesses for the presentation of oral Syosset, N.Y., in certificate No. MC- testimony will be limited as circum­ 92064 (Sub-No. 1), issued June 19, 1943, Notice of Investigation and Hearings stances require. Supplemental written authorizing the transportation, over statements will be allowed in all cases, irregular routes, of household goods, be­ 1. Tariff Commission public hearings and should be submitted at the time of tween New York, N.Y., points in Nassau will begin on September 26,1966. presentation of oral testimony. County, N.Y., and those in Suffolk 2. The final date for filing requests to 3. Notification of date of appearance. County, N.Y., on and west of New York testify at the Tariff Commission public Persons who have properly filed requests Highway 111, on the one hand, and, on hearings is September 16,1966. to appear will be individually notified in the other, points in New York, Connecti­ On August 18,1966, the President, pur­ advance of the date on which they will cut, Rhode Island, New Jersey, Massa­ suant to section 221(a) of the Trade Ex­ be scheduled to present oral testimony chusetts, Maryland, those in Pennsyl­ pansion Act of 1962 (hereinafter referred and of the time allotted for presentation vania on and east of U.S. Highway 11, to as “the Act”), furnished the U.S. of such testimony. those in the District of Columbia, and Tariff Commission (hereinafter referred 4. Order of hearings. To the extent Alexandria, Va. Edward M. Alfano, 2 to as “the Commission”) a supplemental practicable the hearings will follow the West 45th Street, New York, N.Y. 10036, list of articles (hereinafter referred to order of the Tariff Schedules of the attorney for applicants. as the “President’s list”) to be considered United States, beginning with Schedule 1, No. MC-FC-68987. By order of Au­ for modification or continuance of U.S. Animal and Vegetable Products. gust 11, 1966, the Transfer Board ap­ duties or other import restrictions, or 5. Questioning of witnesses will be proved the transfer to J. F. Riemer Co., continuance of U.S. duty-free or excise limited to members of the Commission. Inc., West Haven, Conn., of corrected treatment, in connection with trade- B. Written information and views in certificate No. MC-65217, issued June agreement negotiations to be conducted lieu of appearance at the public hearings 10, 1949, to Ernest F. Montz, doing busi­ under the Act. The President’s list was may be submitted by interested persons.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 NOTICES 11049

A signed original and 19 true copies of Executive Order No. 11075 of January 15, (d) A brief indication of the interest such statements shall be submitted. 1963, as amended (48 CFR 15 (g)), sec­ of, and the position to be taken by, the Business data which it is desired shall be tion 3 of Directive No. 1 of the Office of party; treated as confidential shall be submitted the Special Representative for Trade (e) The name, address, and telephone on separate sheets, each clearly marked Negotiations (48 CFR 202.3), and section number of the person (or persons) who at the top “Business Confidential.” All 2(a) of its Regulations (48 CFR 211.2 will present oral testimony; and written statements, except for confiden­ (a)), the Trade Information Committee (f) The amount of time requested for tial business data, will be made available (hereinafter referred to as the Commit­ the presentation of oral testimony, and for inspection by interested persons. To tee) in the Office of the Special Repre­ if more than 15 minutes is requested, be assured of consideration by the Com­ sentative for Trade Negotiations has the reasons therefor. mission, written statements in lieu of ordered a public hearing to be held con­ Each party submitting a request will appearance should be submitted at the cerning the supplemental notice of be notified of the Committee’s disposi­ earliest practicable date, but not later articles to be considered for trade agree­ tion thereof. Each party whose request than September 26,1966. ment concessions published Thursday, is granted will also be notified of the m. Related hearings before the Trade August 18, 1966, by the President in the date on which he is scheduled to appear Information Committee. Published in Federal R egister (hereinafter referred and the amount of time allotted for his the F ederal R egister concurrently with to as the supplemental notice). presentation. The Committee reserves this notice is an announcement by the 2. Subject matter of public hearing. the right to restrict the time allotted for Trade Information Committee regarding The subject matter of the public hearing oral presentation. Any party whose re­ public hearings to be held by the Com­ will include any matter which pertains quest is denied will be notified of the mittee on the articles included in the to the supplemental notice and is re­ reasons therefor. President’s list, and on other matters, quired to be heard by section 223 of the 5. Submission of written briefs. Any to begin on September 26, 1966. Oral Trade Expansion Act of 1962 (19 U.S.C. interested party may submit a written testimony and written statements of in­ 1843). That section provides, in perti­ brief to the Committee concerning the terested persons received by the Commis­ nent part, that any interested person subject matter of this hearing. Each sion in connection with its investigation may present his views “concerning any party presenting oral testimony must for the purposes of section 221 of the Act article on a list published pursuant to file a brief. All briefs must be filed with will be made available by the Commis­ section 221, any article which should be the Executive Secretary not later than sion to the Trade Information Commit­ so listed, any concession which should be Friday, September 23,1966. tee. Accordingly, as stated in the Trade sought by the United States, or any other Briefs must conform to the Regula­ Information Committee’s notice, appear­ matter relevant to such proposed trade tions of the Committee (48 CFR Part ance before the Trade Information Com­ agreement.” 211). Briefs must be submitted in mittee for the purpose of submitting the The supplemental notice provides that twenty (20) copies, one of which must same information, although permissible, all articles the applicable rates of duty be made under oath or affirmation. In will not be necessary. for which have been affected by certain addition, each brief shall clearly desig­ IV. Communications to be addressed to specified legislation amending the Tariff nate, on the first page, the name and Secretary. All communications regard­ Schedules of the United States (TSUS) address of the party submitting the ing the Commission’s investigation will be considered for trade agreement brief, the description and TSUS item should be addressed to the Secretary, concessions pursuant to the applicable number or numbers of the commodities U.S. Tariff Commission, Washington, provisions of the Trade Expansion Act to which the brief pertains, and the sub­ D.C.20436. of 1962 (19 U.S.C. 1801 et seq.). Any ject matter of the brief. interested person may present his views 6. Rebuttal briefs. In order to assure Issued: August 18,1966. to the Committee concerning any article each party equal opportunity to contest By direction of the U.S. Tariff Com­ on the lists set out in the supplemental the information provided by other in­ mission. notice and any article the rate of duty terested parties, the Committee will D onn N. B ent, for which he believes has been affected entertain rebuttal briefs filed by any Secretary. by legislation amending the TSUS, or party within 2 weeks after the conclu­ any other relevant matter. sion of the public hearing. Rebuttal [F.R. Doc. 66-9137; Filed, Aug. 18, 1966; 3. Time and place of public hearing. briefs shall conform, in form and num­ 11:42 a.m.j The public hearing will commence on ber, to the Regulations of the Committee Monday, September 26, 1966. Informa­ and the provisions of this notice appli­ tion concerning the place of the hearing cable to written briefs. Rebuttal briefs may be obtained from the Executive Sec­ should be strictly limited to demonstrat­ OFFICE OF THE SPECIAL REPRE­ retary of the Committee. ing errors of fact or analysis not pointed 4. Requests to present oral testimony. out in the briefs or hearing, and should SENTATIVE FOR TRADE Requests to present oral testimony must be as concise as possible. be received by the Executive Secretary 7. Information exempt from public NEGOTIATIONS of the Committee not later than Friday, inspection. Parties are referred to sec­ September 16, 1966, and must conform tions 7 and 8 of the Regulations of the Trade Information Committee with the Regulations of the Committee Committee (48 CFR 211.7 and 211.8) for [Docket No. 66-3] (48 CFR Part 211). the regulations concerning information Requests to present oral testimony exempt from public inspection. In ad­ SUPPLEMENTAL NOTICE OF ARTICLES shall be submitted in an original and dition, the following should be noted: TO BE CONSIDERED FOR TRADE three (3) copies and must include the (1) Requests to present oral testimony AGREEMENT CONCESSIONS following information: should contain no confidential infor­ (a) The name, address, and telephone mation, and any requests marked “For Notice of Public Hearing number of the party submitting the Official Use Only” will not be accepted. Timetable: request; (2) Every written brief containing con­ ( 1 ) Requests to present oral testimony (b) The name, address, telephone fidential information must present in must be received by Friday, Septem­ number, and official position of the per­ nonconfidential form, on separate ber 16,1966. son submitting the request on behalf of pages, a statement of the party’s position (2) Written briefs must be received by the party referred to in subparagraph and supporting arguments sufficient to Friday, September 23, 1966. (a); inform any other party of the argu­ (3) Hearing begins Monday, Septem­ ments he must meet in order to oppose ber 26,1966. (c) The description and TSUS item the position taken in the brief. 1. Notice of public hearing. Pursuant number (to the extent practicable) of 8. Public inspection of written ma~ to section 223 of the Trade Expansion Act the commodity or commodities in which terials. Subject to the Regulations of of 1962 (19 U.S.C. 1843), section 3(g) of the party has an interest; the Committee, and in particular sec-

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11050 NOTICES

tions 7 and 8 (48 CFR 211.7 and 211.8), public hearing may be filed with the vide each customer a copy of “Instructions all written materials filed with the Secretary, U.S. Atomic Energy Commis­ to Shipper of Radioactive Waste Material.” Committee in connection with this hear­ sion, Washington, D.C. 20545. 5. The transportation of AEC-licensed ma­ ing will be open to public inspection, by terial shall be subject to all applicable reg­ appointment, at the Office of the Execu­ Dated at Bethesda, Md., August 15, ulations of the Interstate Commerce Com­ 1966. mission, U.S. Coast Guard, Federal Aviation tive Secretary, Room 723, 1800 G Street Agency, and other agencies of the United NW., Washington, D.C. 20506, Phone For the Atomic Energy Commission. States having jurisdiction. 395-3446. Transcripts of the hearing When Interstate Commerce Commission will also be available for inspection, but J. A. McB ride, regulations are not applicable to shipments neither transcripts nor briefs will be Director, by land of AEC-licensed material by reason available for reproduction. Transcripts Division of Materials Licensing. of the fact that the transportation does not may be purchased from the official re­ occur in interstate or foreign commerce, (1) porter. [License No. 20-685-2; Arndt. No. 12] the transportation shall be in accordance The Atomic Energy Commission having with the requirements relating to packaging 9. Communications. All communi­found, that: of radioactive material, marking and labeling cations with regard to this, hearing A. The licensee’s equipment and proce­ of the package, placarding of the transporta­ should be directed to: Executive Secre­ dures are adequate to protect health and tion vehicle, and accident reporting set forth tary, Trade Information Committee, minimize danger to life or property. in the regulations of the Interstate Com­ B. The licensee is qualified by training and merce Commission in §§ 73.391-73.395, 49 Office of the Special Representative for CFR Part 73, “Regulations Applying to Trade Negotiations, Room 723, 1800 G experience to use the material for the pur­ pose requested in accordance with the regu­ Shippers,” and §§77.823, 77.860 (c) and (d), Street, NW., Washington, D.C. 20506, lations in Title 10, Code of Federal Regula­ 49 CFR P a rt 77, “R egulations Applying to Phone 395-3446. Shipments Made by Way of Common, Con­ tions, and in such manner as to protect tract, or Private Carriers by Public High­ Louis C. K rauthoff, II, health and minimize danger to life or property. ways,” and (2) any requests for modifications Chairman. or exceptions to those requirements, any re­ C. The application dated December 29, quests for special approvals referred to in (P.R. Doc. 66-9138; Piled, Aug. 18, 1966; 1961, and amendments thereto dated Janu­ those requirements, and any notifications 11:42 a.m.] ary 8, 1962, January 27, 1962, September 4, referred to in those requirements shall be 1964, October 9, 1964, June 3, 1965, June 23, filed with, or made to, the Atomic Energy 1965, July 8, 1965, February 14, 1966, and Commission. April 28, 1966, comply with the requirements 6. The licensee shall not store byproduct, ATOMIC ENERGY COMMISSION of the Atomic Energy Act of 1954, as amended, source, and special nuclear material in any and are for a purpose authorized by that Act. of the States in which the licensee is au­ [Docket No. 27-2] D. Issuance of the license will not be thorized to receive and possess such material Inimical to the common defense and security under the terms of this license. ALLIED-CROSSROADS NUCLEAR or to the health and safety of the public. 7. A copy of “Personnel M onitoring In ­ CORP. Byproduct, Source, and Special Nuclear structions” and “Instructions for Collection Material License No. 20—685—2 is hereby and Transportation of Radioactive Waste Notice of Issuance of Amendment to amended in its entirety to read as follows: Material” shall be supplied to each employee Pursuant to the Atomic Energy Act of 1954, of the licensee authorized to receive and Byproduct, Source, and Special Nu­ as amended, 10 CFR Part 30, “Rules of Gen­ handle packages containing waste byproduct, clear Material License eral Applicability to Licensing of Byproduct source, and special nuclear material. Material,” 10 CFR Part 40, “Licensing of This amendment is effective as of the date Please take notice that the Atomic En­ Source Material,” 10 CFR Part 70, “Special of issuance. This license shall expire on ergy Commission has issued Amendment Nuclear Material,” a license is hereby issued January 31, 1967. No. 12 to License No. 20-685-2 as set to Allied-Crossroads Nuclear Corp., 350 Fifth forth below. This amendment provides Avenue, New York, N.Y., to receive and Date of issuance: August 15,1966. possess packages containing waste byproduct, For the Atomic Energy Commission. for a change in the license provisions source, and special nuclear material in any referring to the transportation of radio­ state of the United States except in “Agree­ J. A. McB ride, active materials to assure conformity ment States” as defined in § 150.3(b), 10 Director, with the AEC-ICC Memorandum of Un­ CFR Part 150. Division of Materials Licensing. derstanding dated March 21, 1966. This license shall be deemed to contain the [F.R. Doc. 66-9002; Filed, Aug. 18, 1966; In a letter dated July 25, 1966, the conditions specified in section 183 of the 8:45 a.m.] Atomic Energy Act of 1954, as amended, and AEC notified Allied-Crossroads Nuclear is subject to the provisions of 10 CFR Part Corp. of its intent to amend License No. 20, “Standards for Protection Against Radia­ [Docket No. 50-240] 20-685-2 to assure that the license pro­ tion,” all other applicable rules, regulations, visions referring to transportation of orders of the Atomic Energy Commission now GENERAL DYNAMICS CORP. radioactive materials were in conformity or hereafter in effect, and to the following with the AEC-ICC Memorandum of Un­ conditions: Notice of Proposed Issuance of Facility derstanding dated March 21, 1966. 1. The licensee shall not possess at any License Allied-Crossroads Nuclear Corp. con­ one time more than: Please take notice that the Atomic sented to the proposed modification of a. 10,000 curies of byproduct material other than hydrogen 3 or carbon 14. Energy Commission (“the Commission”) its license in a letter dated July 26, 1966. b. 5,000 curies each of hydrogen 3 and is considering the issuance of a 5 year The Commission has determined that carbon 14. operating license substantially as set prior public notice of proposed issuance c. 50,000 pounds of source material. forth below to General Dynamics Corp. of this amendment is not required since d. 350 grams of special nuclear material. for the Modified BTGR. Critical Facility the amendment does not involve sig­ 2. Except as specifically provided otherwise located on the Corporation’s laboratory nificant hazard considerations different by this license, the licensee shall receive and site at Torrey Pines Mesa, Calif. from those previously evaluated. possess byproduct, source, and special nuclear material in accordance with the radiological Prior to the issuance of a license the Within fifteen (15) days from the date safety procedures and limitations contained facility will be inspected by representa­ of publication of this notice in the F ed­ in the application dated December 29, 1961, tives of the Commission to determine that eral R egister, any person whose interest and amendments thereto dated January 8, it has been constructed ip accordance may be affected by this proceeding may 1962, January 27, 1962, September 4, 1964, With Construction Permit No. CPCX-26 file a petition for leave to intervene. October 9, 1964, June 3, 1965, June 23, 1965, and the application for license, as Requests for a hearing and petitions to July 8, 1965, February 14, 1966, and April amended. Since issuance of Construc­ intervene shall be filed in accordance 28, 1966. tion Permit No. CPCX-26, General Dy­ 3. Byproduct, source, and special nuclear with the Commission’s regulations (10 material shall be received and handled by, namics has submitted amendments to its CFR Part 2). If a request for a hearing Or in the physical presence of, employees application which describe changes that or a petition for leave to intervene is designated by the licensee’s Radiological have been made to the facility during filed within the time prescribed in this Safety Committee. construction, such as: (1) An improved notice, the Commission will issue a notice 4. The licensee shall receive only waste ma­ drain system for the HTGR and adjacent of hearing or an appropriate order. terials which have been prepackaged by the facilities, (2) minor modifications to the Petitions to intervene or requests for licensee’s customers. The licensee shall pro- fuel element storage facilities, (3) the

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 NOTICES 11051 addition of an interlock to prevent with­ c. There is reasonable assurance that the C. Records. In addition to those other­ facility can be operated at the designated wise required under this license and appli­ drawal of the control rod or further location without endangering the health and cable regulations, the licensee shall keep the closure of the assembly bed while the safety of the public; following records: period scram is bypassed, and (4) the use d. General Dynamics Corp. is technically (1) Facility operating records, including of an improved gas generating agent in and financially qualified to engage in the power levels and periods of operation at each the expulsion type fuel elements. In ad­ proposed activities in accordance with the power level. dition, the amendments propose (1) the Commission’s regulations, and to assume (2) Records showing radioactivity released performance of neutron pulsing experi­ financial responsibility for Commission or discharged into the air or water beyond ments, (2) changing the minimum num­ charges for special nuolear material; the effective control of the licensee as meas­ e. The possession and operation of the ured at or prior to the point of such release ber of nuclear fuses without changing facility, and the receipt, possession and use or discharge. the minimum reactivity value of all fuses of the special nuclear material, in the man­ (3) Records of emergency shutdowns and installed, and (3) modifying the excess ner proposed in the application, will not be inadvertent scrams, including reasons for reactivity limit and the maximum load­ inimical to the common defense and security emergency shutdowns. ing step to criticality. These changes to or to the health and safety of the public; (4) Records of maintenance operations in­ the facility and its proposed operation do f. General Dynamics Corp. has submitted volving substitution or replacement of facil­ not alter our. previous conclusion that proof of financial protection which satisfies ity equipment or components. the requirements of Commission regulations (5) Records of experiments installed in­ there is reasonable assurance that the currently in effect. cluding description, reactivity worths, loca­ health and safety of the public will not Facility License No. R -______effective as tions, exposure time, total irradiation and be endangered by operation of facility. of the date of issuance, is issued as follows: any unusual events involved in their per­ Prior to issuance of the license, Gen­ 1. This license applies to the Modified formance and in their handling. eral Dynamics Corp. will be required to HTGR Critical FacUity (hereinafter, “the (6) Records of tests and measurements provide proof of financial protection facility”), owned by the General Dynamics performed pursuant to the Technical which satisfies the requirements of 10 Corp. (hereinafter, “the licensee”) and lo­ Specifications. CFR Part 140 and to execute an in­ cated at the Ucensee’s laboratory site at D. Reports. In addition to reports other­ Torrey Pines Mesa near San Diego, Calif., and wise required under this license and ap­ demnity agreement as required by sec­ is described in the Ucensee’s application for plicable regulations: tion 170 of the Atomic Energy Act of license dated July 16, 1965, and amendments (1) The licensee shall inform the Commis­ 1954, as amended, and 10 CFR Part 140. thereto dated November 29,1965, February 22, sion of any incident or condition relating Within fifteen (15) days from the date 1966, June 17, 1966, and July 6, 1966 (herein to thè operation of the facility which pre­ of publication of this notice in the referred to as “the application”) . vented or could have prevented a nuclear F ederal R egister, the applicant may file 2. Subject to the conditions and require­ system from performing its safety function a request for a hearing, and any person ments incorporated herein, the Commission as described in the Technical Specifications. whose interest may be affected by the hereby licenses General Dynamics Corp.; For each such occurrence, General Dynamics A. Pursuant to section 104c of the Act and Corp. shall promptly notify by telephone or Issuance of this facility license may file a Title 10, CFR, Chapter I, Part 50, “Licensing telegraph, the Director of the appropriate petition for leave to intervene. Requests of Production and Utilization Facilities” to Atomic Energy Commission Regional Com­ for a hearing and petitions to intervene possess, use, and operate the facility in ac­ pliance Office listed in Appendix D of 10 CFR shall be filed in accordance with the cordance with the procedures and limitations Part 20 and shall submit within ten (10) provisions of the Commission’s rules of described in the appUcation; days a report in writing to the Director, Divi­ practice, 10 CFR Part 2. If a request B. Pursuant to the Act and Title 10, CFR, sion of Reactor Licensing (hereinafter, Direc­ for a hearing or a petition for leave to Chapter I, Part 70, “Special Nuclear Material”, tor, DRL) with a copy to the Regional intervene is filed within the time pre­ to receive, possess and use up to 105 kilo­ Compliance Office. grams of contained uranium 235, 1 kilogram (2) The licensee shall report to the Direc­ scribed in this notice, a notice of hearing of uranium 233 and 1 kilogram of plutonium tor, DRL, in writing within thirty (30) days or an appropriate order will be issued. in connection with operation of the facility; of its observed occurrence any substantial For further details with respect to this C. Pursuant to the Act and Title 10, CFR, variance disclosed by operation of the facility proposed license, see (1) the application Chapter I, Part 40, “Licensing of Source Ma­ from performance specifications contained and amendments thereto and (2) a Sup­ terial”, to receive, possess and use up to 160 in the Hazards Summary Report or the plementary Safety Evaluation, all of kilograms of thorium and 1 kilogram of Technical Specifications. which are available for public inspection uranium 236 in connection with operation (3) The licensee shall report to the Direc­ in the Commission’s Public Document of the facility; and tor, DRL, in writing within thirty (30) days D. Pursuant to the Act and Title 10, CFR, of its occurrence any significant changes in Room, 1717 H Street NW., Washington, Chapter I, Part 30, “Licensing of Byproduct transient or accident analysis as described D.C. A copy of the Supplementary Material”, to receive and possess two 10 curie in the Hazards Summary Report. Safety Evaluation may be obtained upon sealed polonium 210-beryllium neutron 4. This license shall expire at midnight, request addressed to the Atomic Energy sources which may be used for facility start­ April 30, 1971, unless sooner terminated. Commission, Washington, D.C. 20545, up; 1 kilogram of neptunium 237 in con­ Attention: Director, Division of Reactor nection with operation of the facility; and Date of Issuance: Licensing. to possess, but not to separate such by­ For the Atomic Energy Commission. product material as may be produced by Dated at Bethesda, Md., this 16th day operation of the facility. Director, of August 1966. 3. This license shall be deemed to contain Division of Reactor Licensing. and be subject to the conditions specified in [F.R. Doc. 66-9085; Filed, Aug. 18, 1966; For the Atomic Energy Commission. Part 20, § 30.34 of Part 30, §§ 50.54 and 50.59 8:49 a.m.] M. M. M ann, of Part 50 and § 70.32 of Part 70, and is sub­ Acting Director, ject to all applicable provisions of the Act and rules, regulations and orders of the Com­ [Docket No. 27-43[ Division of Reactor Licensing. mission now or hereafter in effect; and is P roposed License subject to the additional conditions specified ATCOR, INC. or incorporated below: [License No. R _____ ] A. Maximum power level. The licensee Notice of Proposed Issuance of By­ The Atomic Energy Commission (herein­ may operate the facility at steady state power product, Source, and Special Nu­ after referred to as “the Commission”) hav­ levels up to a maximum of 100 watts ing found that: (thermal). clear Material License a. Hie application for license complies B. Technical Specifications. The Tech­ Please take notice that the Atomic with the requirements of the Atomic Energy nical Specifications contained in Appendix Energy Commission is considering the Act of 1954, as amended (hereinafter referred A hereto, are hereby incorporated into t.Viis issuance of a license, set forth below, to as “the Act"), and the Commission’s regu­ license. Except as otherwise permitted by lations set forth in Title 10, Chapter 1, CFR; the Act and the rules, regulations, and orders which would authorize Atcor, Inc., 360 b. The facility has been constructed in of the Commission, the licensee shall operate Bradhurst Avenue, Hawthorne, N.Y., to conformity with Construction Permit No. the facility in accordance with the Technical receive and possess packaged waste by­ CPCX-26 and will operate in conformity Specifications. No changes shall be made in product, source, and special nuclear ma­ with the application and in conformity with the Technical Specifications unless author­ terial in any State of the United States the Act and the rules and regulations of the ized by the Commission as provided in § 50.59 except in Agreement States as defined in Commission; of 10 CFR Part 50. § 150.3(b), 10 CFR Part 150.

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 11052 NOTICES A notice of proposed issuance similar copy of Item 2 above may be obtained at Byproduct, Source, and Special Nuclear the Commission’s Public Document Material License No. 31-11640-1 is hereby to this notice was published in the F ed­ issued to read as follows: eral R egister on May 13, 1966 (31 F.R. Room, or upon request to the Atomic Pursuant to the Atomic Energy Act of 1954, 7091). It provided opportunity for any Energy Commission, Washington, D.C, as amended, 10 CFR Part 30 „ “Rules of Gen­ person whose interest might be affected 20545, Attention: Director of Materials eral Applicability to Licensing of Byproduct by this proceeding to file a petition for Licensing. Material,” 10 CFR Part 40* “Licensing of leave to intervene. In accordance there­ Dated at Bethesda, Md., August 16, Source Material,” 10 CFR Part 70, “Special with, Long Island Nuclear Service Corp., 1966. Nuclear Material,” a license is hereby issued and Madeline La Grua filed a petition to to Atcor, Inc., 360 Bradhurst Avenue, Haw­ intervene, charging Atcor with alleged For the Atomic Energy Commission. thorne, N.Y., to receive and possess packages violations of statutes, rules, and regula­ containing waste byproduct, source, and spe­ J. A. M cB ride, cial nuclear material in any State of the tions applicable to the receipt and trans­ United States except in “Agreement States” portation of waste radioactive material. Director, Division of Materials Licensing. as defined in § 150.3(b), 10 CFR Part 150. The Commission, by order dated June 17, This license shall be deemed to contain the 1966, denied the requested intervention [License No. 31-11640-1] conditions specified in section 183 of the and ordered the Director of Regulation Atomic Energy Act of 1954, as amended, and to investigate the petitioners’ charges The Atomic Energy Commission having is subject to the provisions of 10 CFR Part prior to taking licensing action. The found that: 20, “Standards for Protection Against Radia­ order also directed that a report of the A. The licensee’s equipment and proce­ tion,” all other applicable rules, regulations, dures are adequate to protect health and orders of the Atomic Energy Commission now investigation be placed in the Commis­ minimize danger to life or property. or hereafter in effect, and to the following sion’s Public Document Room, and that, B. The licensee is qualified by training conditions: upon completion of the investigation, a and experience to use the material for the 1. The licensee shall not possess at any one notice of proposed action be published purpose requested in accordance with the time more than: in the F ederal R egister in accordance regulations in Title 10, Code of Federal Reg­ ulations, and in such manner as to protect A. 1,000 curies of byproduct material other with the Commission’s rules of practice, health and minimize danger to life or than hydrogen 3 and carbon 14. 10 CFR Part 2. property. B. 5,000 curies each of hydrogen 3 and In accordance with the order, the C. The application dated February 9, 1966, carbon 14. Commission’s Division of Compliance and amendments thereto dated March 7,1966, C. 50,000 pounds of source material. conducted an investigation of the peti­ and April 5, 1966, comply with the require­ D. 350 grams of uranium 235 or 200 grams tioners’ charges. It has been concluded ments of the Atomic Energy Act of 1954, as of uranium 233 or 200 grams of plutonium that the violations alleged by the peti­ amended, and are for a purpose authorized by provided that the sum of the ratios of the tioners are without justification, and that Act. quantity of each special nuclear material to that the notice of proposed issuance may D. Issuance of the license will not be inimi­ the quantities specified above does not ex­ cal to the common defense and security or to ceed unity. Unity shall be determined by be issued in accordance with the rules of the health and safety of the public. practice. the following formula: The license proposed for issuance is grams contained U235 grams contained U235 grams contained Pu identical with the one proposed in the 350 ' + ~ 2 Ô Ô ------200***------1 notice of May 13, 1966, except that pro­ 2. Except as specifically provided otherwise occur in interstate or foreign commerce, (1) visions referring to the transportation of by this license, the licensee shall receive and the transportation shall be in accordance radioactive material have been changed possess byproduct, source, and special nuclear with the requirements relating to packaging in conformity with a Memorandum of material in accordance with the radiological of radioactive material, marking and labeling Understanding, dated March 21, 1966, safety procedured and limitations contained between the AEC and the Interstate in the application dated February 9, 1966, of the package, placarding of the transporta­ and amendments thereto dated March 7, tion vehicle, and accident reporting set forth Commerce Commission. The same 1966, and April 5, 1966. in the regulations of the Interstate Com­ change is being made in all AEC licenses 3. Byproduct, source, and special nuclear governing waste disposal activity. merce Commission in §§ 73.391-73.395, 49 material shall be received and handled by CFR Part 73, “Regulations Applying to Ship­ Within fifteen (15) days from the date employees designated by the licensee’s Radi­ of publication of this notice in the F ed­ ological Safety Committee. pers”, and §§ 77-823, 77.860 (c) and (d), 49 eral R egister, any person whose interest 4. The licensee shall not store byproduct, CFB Part 77, “Regulations Applying to Ship­ may be affected by this proceeding may source, and special nuclear material in any ments Made by Way of Common, Contract, or file a petition for leave to intervene. Re­ of the States in which the licensee is author­ Private Carriers by Public Highways”, and ized to receive and possess such material (2) any requests for modifications or excep­ quests for a hearing and petitions to in­ under the terms of this license. tervene shall be filed in accordance with 5. The licensee shall receive byproduct, tions to those requirements, any requests for the Commission’s regulations (10 CFR source, and special nuclear material in con­ special approvals referred to in those require­ Part 2). If a request for a hearing or tainers which meet the requirements for ments, and any notifications referred to in a petition for leave to intervene is filed those requirements shall be filed with, or within the time prescribed in this notice, transportation as specified in Condition 6 of this license. The containers shall not be made to, the Atomic Energy Commission. the Commission will issue a notice of This license shall be effective on the date hearing or an appropriate order. opened by the licensee. 6. The transportation of AEC-licensed ma­ issued and shall expire two (2) years from the For further details with respect to this terial shall be subject to all applicable regu­ last day of the month in which this license proceeding see: (1) The application and is Issued. amendments thereto, (2) .the related lations of the Interstate Commerce Commis­ memorandum dated May 9, 1966, pre­ sion, U.S. Coast Guard, Federal Aviation Date of issuance Agency, and other agencies of the United pared by the Division of Materials Li­ For the Atomic Energy Commission. censing, and (3) the report of investiga­ States having jurisdiction. tion referred to above, all of which are When Interstate Commerce Commission Director, available for public inspection at the regulations are not applicable to shipments Division of Materials Licensing. Commission’s Public Document Room, by land of AEC-licensed material by reason [F.R. Doc. 66-9136; Filed, Aug. 18, 1966; 1717 H Street NW., Washington, D.C. A of the fact that the transportation does not 11:42 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 161— FRIDAY, AUGUST 19, 1966 FEDERAL REGISTER 11053

CUMULATIVE LIST OF PARTS AFFECTED— AUGUST 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 August.

3 era pa8‘ 7 CFR—Continued page 14 CFR page 1031______10464 39______——____ 10357. 1 ______- ____ -10411 1205______10510 10466, 10467, 10631, 10769, 10957, 1408______10733 10958. Executive Orders: 61______10884 July 10, 1919 (revoked in part 1421______— ____ 10464,10957,11013 1425______-______—- 10514 63______— 10884 by PLO 4073)______10796 1446______10634 65______10884 1919 & (revoked in part by 1487______H013 71______10414, PLO 4066)__ 10530 1489______11013 10467, 10515, 10516, 10571, 10572, 2216 (revoked in part by PLO 10631, 10666, 10769-10772, 10885, 4066______10530 P roposed R ules: 11014-11016. 3676 (revoked in part by PLO 51 ' ______10577 73 _ 10517,10631,10772,10885,11016 4066______10530 5$______10471 75______10666 6276 (revoked in part by PLOs 717______10691 91______:______10517 4064 and 4065)______— 10530 729______10471 95______..______10631 6583 (revoked in part by PLO 924______10888 97______10518,10734,11017 4064)—------10530 925-1______11035 121______10612 7856 (provisionally superseded 926 ______,______11035 127—______- ______10612 by EO 11295)______10603 927 _____——______10963 145______10612 8820 (provisionally superseded 931______10963 161______10772 by EO 11295)______10603 946 ______10368 225______10357 10621 (amended by EO 11294) _ 10601 948______— 10747, 10888 288______10467 10970 (superseded by EO 980______-_____ 10368 1245______10958 11294)______10601 981— ______10963 11230 (amended by EO 11294) _ 10601 987______10692 P roposed R ules: 11248 (amended by EO 11293 991_____1— ______10532 39______10852 and EO 11299)----- 10917 993 ______-______10964 61______10415,10475,10536 11157 (amended by EO 11292) _ 10447 994 ______-___ 10747 71—______10417- 11292 ------10447 1031______-1____ 10369 10420,10536-10538,10580, 10643, 11293 ______10507 1061______10800 10693-10697,10852,10895, 11035, 11294 ______10601 1064______10800 11036. 11295______10603 1068______10615 73 _ 10421,10581,10695,10696 11296—______10663 1073______10825 75______10697 11297 ______10765 1074______10825 91______10538 11298 __<______10915 1099______10692 159______10476,11036 11299 _ 10917 1101______10847 298______— ______10894 11300—_____.______11009 1125______10847 N otice: 1128______10371 15 CFR Notice of August 16,1966------10949 Ch. XI______10532 230 ______10920 371___ —.______10634 5 CFR 374______10635 213______10413, 10665, 10919 8 CFR 204______10530 382______i______10635 531______- ______10567 399____ 10636 550______——______10567 212— ______10355,10413,10957 214______10607 7 CFR 16 CFR 5______10767 9 CFR 14 ______11025 15 __ 10357,10358,10572,10733,11030 301______-______10509 307— ______10414 409______10355 45______10667 318— ______10884 192______10667 718______10877 327____ — ______10666 722 ______10568,11011 P roposed R ules: 728______10356,10449 115______11037 751— ______-_____ — 10461 10 CFR 303______10581

815______— 10665 2 0 ____ — ______10514 906______— 10461 71— ______10414 17 CFR 908______10570,10767 201______- ______10573 910______10413, 10570, 10767 P roposed R ules: 50______10891 231 ______10667 919______10883 275___ 10921 922 ______10733 923 ______—______10611 12 CFR 18 CFR 924 ______10665 208______10356 925 ______— 10462 531___ — _____ 10920 201______10605 926 ______10571 204 _*______*______10605 931— ______-______10510 P roposed R ules: 205 ______10606 932______11012 213______10895 P roposed R ules: 945______10883 131______10582 948______10463 13 CFR 987— ______Í______10611,10768 991______10768 101______10466 19 CFR 993______10611,10612 105______10633 1______10668 1001______10414 P roposed R ules: 3 ______10358 1015______10414 121—...... 11037 4 ______10885

No. 161- -7 11054 FEDERAL REGISTER

Page 21 CFR 32 CFR Page 43 CFR—Continued Page 31------10886 237—------10677 P ublic Land Orders: 53—------10676 238------10681 1462 (revoked by PLO 4074) __ 10796 120 ------10574,10959 536 ------10637,10639,10687,10886 3688 (corrected)______11014 121 ------10574, 537 ------10640 4052 (corrected)______10687 10575, 10606, 10744, 10745, 10886, 920------10779 4064 _ 10530 10959. 4065 ------10530 144------10744 32A CFR 4066 ------10530 148h------10358 BDSA (Ch. VI) : 4067 ------10531 M—11A------10788,10789 P roposed R ules : 4068— ------10531 NSA (Ch. XVIII) : 4069 ------10640 5—— *------10888 AGE-6______10640 17 ------10415 4070 ------10641 OIA (Ch. X) : 4071 ------10687 18 ______10415 OIA Bulletin 2______10887 19 ------10415,10889 4072 ___ 10688 20— ------10415,10889 33 CFR 4073 ------10796 25------10415 4074 ------10796 3 ------10359 P roposed R ules:. 31______10415 135------10359 138------10890 144------„------;______10612 5430------10415 203------—____— ______10962 45 CFR 22 CFR 206______10360,10668 144------10575 41------— 10960 202— ------10576 133------10575 38 CFR 801------10468, 10576, 10799 0______10687 25 CFR 46 CFR 39 CFR 221— ------10642 221------10742 21------10359 308------^ ____ 10468 24______:______10359,10922 26 CFR P roposed R ules: 47 CFR l — ______10468,10691 114______10470 21------=------10360 P roposed R oles; 122______10470 73------10362, 10364, 10365, 10367, 10887 1______10394,10643,10691 74—------10742 48______10615 41 CFR P roposed R ules: 5-1— ----- 10528 73______10583,11036 7-3______11030 28 CFR 7-12------11030 49 CFR 0------— 10961 7-15-...... —______11031 77------10531 42------10388 7-60____ 11031 95______10923 19-1______10789 187______10469 29 CFR 19-2______10792 193— ______10469 19-3------10793 P roposed R ules: P roposed R oles: 19-6______10794 60______- ______10580 95-97______10853 19-15______10794 170______10643 1207—______10697 19-16______10794 101-26____ 10922 50 CFR 30 CFR 10------10887 27...... 10607 42 CFR 32______10576, 58______10414 10641, 10688-10690, 10797-10799, 10924,10961. 31 CFR 43 CFR 33— ...... 10743,10797-10799,10962 10—_____ 10773 4 ------10468 P roposed R ules: 211...... 10960 6...... 10796 32...... : ...... —_ 10926 /

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