FEDERAL REGISTER VOLUME 31 • NUMBER 100

Tuesday, May 24, 1966 • Washington, D.C. Pages 7451-7501

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Air Force Department Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Education Office Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Foreign Assets Control Office Interior Department Interstate Commerce Commission Land Management Bureau Mines Bureau Securities and Exchange Commission Small Business Administration Tariff Commission Treasury Department Detailed list of Contents appears inside. Just Released CODE OF FEDERAL REGULATIONS

(As of January % 1966)

Title 7—Agriculture (Parts 981-999) (Revised) $0.60

Title 8—Aliens and Nationality (Revised) $0.70

Title 46—Shipping (Parts 1-145) (Revised) $2.75

tA cumulative checklist of CFR issuances for 1966 appears in the first issue of the Federal Register each month under Tale 11

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or FERERALMREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National m Phone 963-3251 Archives and Records Service, General Services Administration (mail address National Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., eh. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR C h.I). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are nò restrictions òn the republication of matérial appearing in the Federal R egister or the Code of F ederal Regulations. Contents

AGRICULTURAL RESEARCH EDUCATION OFFICE FISH AND WILDLIFE SERVICE Rules and Regulations Proposed Rule Making SERVICE Migratory birds; hunting (2 docu­ Proposed Rule Making National defense student loan pro­ ments)____ — ------, ------7479 gram______7463 Federal plant pest regulations; soil from parts of Canada exempted FEDERAL AVIATION AGENCY FOREIGN ASSETS CONTROL from certain restrictions------7479 Rules and Regulations OFFICE AGRICULTURAL STABILIZATION Air traffic control tower operators; Notices Statement of organization; AND CONSERVATION SERVICE certification------7455 Alterations: amendment------;------7485 Rules and Regulations Control zone___—— - ——— 7456 HEALTH, EDUCATION, AND Cotton, upland; referenda results Transition areas (2 docu­ correction; sale or lease trans­ ments) ______7456 WELFARE DEPARTMENT fers------7472 Control area extension; revoca­ See Education Office. Rice; determination of county tion—______7456 normal yields for 1966 crop—— 7472 Proposed Rule Making INTERIQR DEPARTMENT See also Fish and Wildlife Service; AGRICULTURE DEPARTMENT Airworthiness directives; Pratt & Land Management Bureau; Whitney Model JT3C-7 and See Agricultural Research Serv­ JT3C-12 turbojet engines------7483 Mines Bureau. ice; Agricultural Stabilization Notices and Conservation Service; Com­ FEDERAL COMMUNICATIONS Statements of changes in financial modity Credit Corporation; interests: Consumer and Marketing Serv- COMMISSION Davis, Angus William——------7485 ice. Rules and Regulations Fehr, Franklin Stuart------7485 AIR FORCE DEPARTMENT Certain FM broadcast stations; Persons, Marvin Francis.------7486 table of assignments------7469 Porter, William C., Jr— ------7486 Rules and Regulations Radio frequency devices; meas- Wilkins, George Lester— ------7486 Air Force Junior Officers’ Train­ . urement procedures------— 7469 Witts, Seth N______7486 ing Corps------7459 Notices INTERSTATE COMMERCE CIVIL AERONAUTICS BOARD Standard broadcast applications COMMISSION ready and available for process­ Notices ing— ______- 7487 Rules and Regulations Hearings, etc.: Hearings, etc.: Car service; distribution of box­ Air Express Charge Investiga- Alleged violations—, —------7486 cars (2 documents)------7468, 7469 tion_.______— ~ ——— 7486 WMGS, Inc——__ ——----- — 7487 Notices Panagra Acquisition Case------7486 Certain railroads; boxcar distribu­ FEDERAL HOME LOAN tion (10 documents)----- — 7496-7499 COMMODITY CREDIT BANK BOARD Fourth section application for re­ CORPORATION lief______7499 Proposed Rule Making Motor carrier transfer proceed­ Rules and Regulations Federal Home Loan Bank System: ings______■_____ 7495 Dry edible beans; 1966 loan and Holdings of U.S. cash and obli- purchase agreement program— 7477 gations by members.—— .— 7483 LAND MANAGEMENT BUREAU Limitations on advances------7483 CONSUMER AND MARKETING Rules and Regulations Federal Savings and Loan Insur­ P ublic Land Orders: SERVICE ance Corporation; loans to one Alaska (2 documents)— ------7462 Rules and Regulations borrower------—— 7484 California— ————— ------7463 Idaho______7462 Fresh pears, plums, and peaches FEDERAL MARITIME New Mexico______- 7463 grown in California; miscellane­ COMMISSION ous amendments______7476 MINES BUREAU Lemons grown in California and Notices Arizona; handling limitations— 7473 Agreements: Rules and Regulations Milk in Paducah, Ky., marketing Alltransport Shipping Co., Inc., Grants for solid waste disposal area; order amending order__ 7477 et al______7488 projects------7456 Nectarines grown in California: New York Terminal Confer­ Exemption from inspection___ 7474 ence______7487 SECURITIES AND EXCHANGE Shipment limitations (3 docu­ City of Oakland______7490 COMMISSION ments______7474, 7475 FEDERAL POWER COMMISSION Proposed Rule Making Proposed Rule Making Fees for brokers and dealers not Limes grown in Florida; expenses Notices members of national securities and rate of assessment____ — 7482 Hearings, etc.: associations; correction------7484 Milk in northwestern Ohio mar­ Glamorgan Pipe & Foundry Co_ 7492 Notices keting area______7483 Humble Oil & Refining Co., et Nectarines grown in California; al—______—______7490 Hearings, etc.: handling______7482 Montana-Dakota Utilities Co— 7492 Great American Industries, Inc. 7494 Pennzoil Co------T-— 7493 Oranges and grapefruit grown in Panhandle Eastern Pipe Line Pinal County Development As­ lower Rio Grande Valley in Co______——— — —__ 7492 sociation------.------7494 Texas; recommended decision— 7480 Rochester Gas and Electric Corp——— —___ — — 7492 Research Investing Corp——— 7493 DEFENSE DEPARTMENT Tenneco Oil Co__. -----—•_— 7491 Zayre Corp., and Slick Corp— L 7494 See Air Force Department. Tennessee Gas Pipeline Co— 7492 {Continued on next page) 7453 7454 CONTENTS

SMALL BUSINESS ADMINISTRATION Notices Illinois; declaration of disaster area_*______7494 Regional offices in Rockey Moun­ tain area; delegation of author­ ity to conduct program activ- •' ities— ___— ______7495 TARIFF COMMISSION Notices Titanium dioxide from Japan; determination of no injury or likelihood thereof*.___ 7495 TREASURY DEPARTMENT See also Foreign Assets Control Office. Notices Steel jacks from Canada; deter­ mination of sales at less than fair value______7485

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.

7 CFR 14 CFR 43 CFR 722— ______7472 65__------—— ----- — ____ 7455 P ublic Land Orders: 730______7372 71 (4 documents)______7456 5 (revoked in part by PLO 4005)_ 7462 910 _ 7473 P roposed R ules: 4004— ______7462 916 (4 documents)______7474,7475 39— ------_------7483 4005 _!______7462 917 ______7476 4006 ______—______7462 1099—- ———- —— ______7477 17 CFR 4007—— ______——— 7463 4008______—______— 7463 1421______7477 P roposed R ules: P roposed R ules: 240______7484 45 CFR 330-_____ 7479 30 CFR 144_____—— ______— _____— 7463 906 i— . ______7480 51—______—______7456 911 ____ 7482 47 CFR 916______7482 32 CFR 15— ___ 7469 1041_____ *______7483 872— __ - ______— 7459 73 ;— — — — ___ _ 7469 49 CFR 12 CFR 95 (2 documents) — ___ -____7468,7469 P roposed R ules: 523______—__ — 7483 50 CFR 525-______7483 P roposed R ules: 563___ — _____ — —— _—_____ 7484 10 (2 documents) 7479 7455 Rules and Regulations

tificate imposed by this amendment in­ In consideration of the foregoing, Sub­ Title 14— AERONAUTICS AND volve communications operating pro­ part B of Part 65 of the Federal Aviation cedures and flight assistance services. Regulations is amended, effective June As stated in the notice the Agency has 23, 1966, as hereinafter set forth. SPACE for several years required its employees 1. The following new section is added: Chapter I— Federal Aviation Agency Who are applicants for control tower § 65.30 Certificate and rating required. operator certificates to be tested, in these [Docket No. 1566; Arndt. 65-7] areas, therefore this revision is in con­ No person may act as an air traffic PART 65— CERTIFICATION; AIRMEN formance With the current practice. control tower operator in connection OTHER THAN FLIGHT CREW­ One aviation association recommended with any civil aircraft in air commerce that these requirements be expanded to unless he holds an air traffic control MEMBERS include a basic knowledge of aerody­ tower operator certificate and an appro­ Air Traffic Control Tower Operators namics. A second made a similar rec­ priate rating issued to him under this ommendation, suggesting an additional subpart. The purpose of this amendment is to requirement on aircraft flight character­ revise the knowledge requirements for istics and speeds. The Agency has not 2. Section 65.33 is amended to read as applicants for control tower operator observed a lack of knowledge of these follows: certificates; to require each person en­ subjects on the part of tower controllers. § 65.33 Knowledge requirements. gaged as an air traffic control operator These personnel receive substantial on- in connection with civil aircraft to hold the-job training in acquiring the neces­ Each applicant for a certificate must a control tower operator certificate and sary ratings to control air traffic. By pass a written test on the following: an appropriate rating; and to revise this process the new controller learns (a) The flight rules in Part 91 of this references to publications to conform to aircraft performance through observa­ chapter. current titles. tion and practical experience. While (b) Airport traffic control procedures, The Agency published a notice of pro­ this experience contributes little to an and this subpart. posed rule making in the F ederal R egis­ academic knowledge of aerodynamics, it (c) En route traffic control procedures. ter on January 26, 1963 (28 F.R. 727), does provide the controller with knowl­ (d) Communications operating proce­ circulated as Draft Release No. 63—2 edge of those characteristics of aircraft dures. which proposed a new rating system in performance that are pertinent to his (e) Flight assistance service. place of the present junior and senior job at a particular location. Accord­ (f) Air navigation and aids to air ratings for control tower operator cer­ ingly, in the absence of evidence as to a navigation. tificates; a revision of the knowledge re­ present need, neither of these recom­ (g) Aviation weather. quirements for applicants in accordance mendations is adopted at this time. with current practices, and a require­ One of the military services noted that 3. Subparagraphs (3) and (4) of ment that each person engaged as an the knowledge requirements of Part 65 § 65.39(a) are amended to read as air traffic control tower operator in con­ do not conform to the military training follows: nection with civil aircraft must hold a program. While the military training §65.39 Skill requirements; senior rat­ control tower operator certificate and program requires the trainees to satis­ ing» an appropriate rating. factorily complete the FAA certification Comments received in response to the examination, this examination does not (a> * * * notice indicated a general endorsement cover all the areas in which the military (3) Using the “Airman’s Information of the proposal. Delay in incorporation controller is instructed and, conversely, Manual”. of the proposed amendment and imple­ completion of the examination requires (4) [Reserved] mentation of the revised rating system a detailed knowledge of certain subjects # * * * * has been the result of its relationship in excess of those required by the trainee in performing his control duties in the 4. Section 65.41 (b) and (c) are with another project involving the re­ amended to read as follows: issuance of airman certificates. military environment. The knowledge Implementation of the proposed requirements specified in Part 65 have § 65.41 Performance o f duties. rating system would require, among been determined by the Agency to be other things that all junior and senior the minimum requirements for the Cer­ * * * * * control tower operator ratings be ex­ tification of a control tower operator ex­ (b) Whenever weather conditions are changed for new rating and new airman ercising control of civil aircraft in air at least equal to the minimums pre­ certificates. This exchange would rep­ commerce. A determination has been scribed for VFR flight in § 91.105 of this resent a sizable administrative and eco­ made that it would not be desirable to chapter, an operator with either a senior nomic undertaking. In the interest of establish two sets of standards. or junior rating may control traffic at economy and efficiency it was deter­ Since publication of the notice, the the airport concerned. However, if the mined that the two projects could best “Airman’s Guide” and the “Flight In­ character or volume of the air traffic, the be accomplished concurrently. As it formation Manual” referenced in § 65.39 type and equipment of aircraft using the now appears that additional time will be have been replaced by the “Airman’s In­ airport, or the airport facilities, require necessary for the development and im­ formation Manual.” Therefore, refer­ that an operator with a junior rating be plementation of the reissuance system, ences to these publications have been supervised, an operator with a senior it has been determined that the part of corrected. Additionally, references to rating shall supervise the controlling of the proposal relating to the revised old Part 60 of the Civil Air Regulations all air traffic at the airport. rating system for air traffic control tower in § 65.41 (b) and (c) have been replaced (c) Whenever weather conditions are operators will not be put in effect at by specific reference to Part 91 of the below the minimums prescribed for VFR this time. Any future action to es­ Federal Aviation Regulations. Since flight in §91.105 of this chapter, an tablish this system will be preceded by these alterations are editorial in nature, operator with a senior rating shall super­ an appropriate notice of proposed rule notice and public procedure hereon are vise the controlling of all air traffic at making. unnecessary and they may become effec­ the airport concerned. However, he The additional knowledge require­ tive concurrently with the alterations may not issue an air traffic clearance for ments for a control tower operator cer­ published in the notice. flight without advance authority from

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7456 RULES AND REGULATIONS

the appropriate air route traffic control (Sec. 307(a) of the Federal Aviation Act of common point between the Elmira and center. 1958; 72 Stat. 749; 49 U.S.C. 1348) Utica, N.Y., 1,200-foot floor transition ***** Issued in Jamaica, N.Y., on May 9, areas. Therefore, it will be necessary to (Secs. 313(a), 601, and 602 of the Federal 1966. correct the longitude coordinate con­ Aviation Act of 1958; 49 U.S.C. 1354, 1421, W ayne H endershot, tained in the Elmira and Utica, N.Y., 1422) Deputy Director, Eastern Region. transition areas. Since these amendments are minor in Issued in Washington, D.C., on May 17, Amend § 71.171 of Part 71 of the Fed­ 1966. nature, notice and public procedure here­ eral Aviation Regulations so as to delete on are unnecessary and the amendments W illiam P. McK ee, the description of the Fort Belvoir, Va., Administrator. may be made effective upon publication. control zone and insert in lieu thereof In view of the foregoing, the amend­ [F.R. Doc. 66-5600; Filed, May 23, 1966; the following: 8:45 a.m.] ments are hereby adopted effective upon Within a 3-mile radius of the center, publication in the F ederal R egister as 38°42,55'' N., 77°10'50'' W„ of the Davison follows: [Airspace Docket No. 66-EA-7] AAF, Fort Belvoir, Va.; within 2 miles each 1. Amend § 71.1&1 of Part 71 of the side of the centerline of Runway 32 extended Federal Aviation Regulations so as to pa rt 71 — DESIGNATION OF FED­ from the 3-mile radius zone to 5 miles northwest of the end of the runway; within delete in the description of the Elmira, ERAL AIRWAYS, CONTROLLED AIR­ 2 miles each side of the centerline of Runway N.Y., 1,200-foot floor transition area the SPACE, AND REPORTING POINTS 14 extended from the 3-mile radius zone to coordinate, “77°22'30" W” and insert in 5 miles southeast of the end of the runway. lieu thereof the coordinate, “77°23'45" Alteration of Transition Area [F.R. Doc. 66-5602; Filed, May 23, 1966; W”. On pages 5077 and 5078 of the F ederal 8:45 am.] 2. Amend § 71.181 of Part 71 of the R egister for March 29,1966, the Federal Federal Aviation Regulations so as to de­ Aviation Agency published proposed reg­ lete in the description of the Utica, N.Y., ulations which would alter the Wrights- [Airspace Docket No. 66-EA-29] 1,200-foot floor transition area the co­ town, N.J., 700-foot floor transition area. PART 71— DESIGNATION OF FEDERAL ordinate, “77°22'30" W” and insert in lieu thereof the coordinate, “77°23'45" Interested parties were given 30 days AIRWAYS, CONTROLLED AIRSPACE, after publication in which to submit W”. AND REPORTING POINTS written data or views. ' No objections to (Sec. 307(a) of the Federal Aviation Act of the proposed regulations have been re­ Revocation of Control Area Extension 1958; 72 Stat. 749; 49 U.S.C. 1348) ceived. The Federal Aviation Agency is amend­ Issued in Jamaica, N.Y., on May 10, In view of the foregoing, the proposed 1966. regulations are hereby adopted effective ing § 71.165 of Part 71 of the Federal 0001 ejs.t., July 21, 1966, except as Aviation Regulations so as to revoke the W ayne H endershot, follows: Dover, Del., control area extension (31 Deputy Director, Eastern Region. 1. In the text, delete the words, F.R. 2057). [F.R. Doc. 66-5604; Filed, May 23, 1966; “Amend § 71.171”, and substitute there­ There is no further requirement for the 8:45 a.m.] for the words, “Amend § 71.181”. Dover, Del., control area extension since the CAE airspace is now contained with­ (Sec. 307(a) of the Federal Aviation Act of in the Atlantic City, N.J., and Dover, 1958; 72 Stat. 749; 49 U.S.O. 1348) Del., transition areas. Title 30— MINERAL RESOURCES Issued in Jamaica, N.Y., on May 9, Since this amendment is minor in na­ 1966. ture, notice and public procedure hereon Chapter I— Bureau of Mines, Depart­ W ayne Hendershot, are unnecessary, and the amendment ment of the Interior Deputy Director, Eastern Region. may be made effective upon publication. SUBCHAPTER M— RULES AND REGULATIONS PUR­ Amend § 71.181 of Part 71 of the Fed­ In view of the foregoing, the amend­ SUANT TO SOLID WASTE DISPOSAL ACT OF eral Aviation Regulations so as to alter ment is hereby adopted effective upon 1965 publication in the F ederal R egister as the Wrightstown, N.J., 700-foot floor follows: PART 51— GRANTS FOR SOLID transition area by inserting before the 1. Amend § 71.165 of Part 71 of the WASTE DISPOSAL PROJECTS words, “excluding the portion within the Federal Aviation Regulations so as to de­ New York, N.Y.,” the words, “and within Notice of proposed rule making, public lete the description of the Dover, Del., rule making procedures and postpone­ a 4-mile radius of the center, 40°13'05" control area extension in its entirety. N., 74°05'30" W., of the Asbury Park- ment of effective date have been omitted Neptune Airport, Neptune, N.J.” (Sec. 307(a) of the Federal Aviation Act of in the issuance of this Part 51 since it 1958, 72 Stat. 749; 49 U.S.C. 1348) [F.R. Doc. 66-5601; Filed, May 23, 1966; relates solely to grants for solid waste 8:45 a.m.] Issued in Jamaica, N.Y., on May 9, disposal projects. 1966. Effective date. These regulations shall W ayne Hendershot, become effective on the date of publica­ [Airspace Docket No. 66-E A -ll] Deputy Director, Eastetn Region. tion in the F ederal R egister. PART 71— DESIGNATION OF FED­ [F.R. Doc. 66-5603; Filed, May 23, 1966; F rank C. Memmott, ERAL AIRWAYS, CONTROLLED AIR­ 8:45 a.m.] Acting Director, Bureau of Mines. SPACE, AND REPORTING POINTS May 12, 1966. [Airspace Docket No. 66-EA-37] Alteration of Control Zone Subpart A— General PART 71— DESIGNATION OF FED­ Sec. On page 5078 of the F ederal R egister 51.1 Purpose. for March 29, 1966, the Federal Aviation ERAL AIRWAYS, CONTROLLED AIR­ 51.2 Bureau of Mines’ responsibility. Agency published proposed regulations SPACE, AND REPORTING POINTS 51.3 Definition of terms. which would alter the Fort Relvoir, Va., 51.4 Purpose of making, and entities eli­ control zone. Alteration of Transition Areas gible to receive grants. Interested parties were given 30 days The Federal Aviation Agency is amend­ Subpart B— Applications for Grants after publication in which to submit ing §71.181 of Part 71 of the Federal 51.5 Manner of submission. written data or views. No objections to Aviation Regulations so as to alter the the proposed regulations have been Elmira (31 F.R. 2183) and Utica (31 F.R. Subpart C— Approval of Applications and received. 2265), N.Y., 1,200-foot floor transition Limitations In view of the foregoing, the proposed areas. 51.6 Return of defective submissions. regulations are hereby adopted effective Due to a charting discrepancy, it has 51.7 Requirements for approval. 0001 e.s.t., July 21,1966. been noted that a hiatus exists as to a 51.8 Limitations.

FEDERAL REGISTER, VOL 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7457

Subpart D— fiscal and. Accounting (f) “Solid Waste” means refuse, and Subpart B— Applications for Grants other discarded solid waste materials S6C. § 51.5 Manner o f submission. 51.9 Procedure for obtaining payments. resulting from the extraction, process­ 51.10 Cost computation principles. ing, or utilization of minerals or fossil (a) An application should be sub­ 51.11 Title to property. fuels. mitted in an original and five copies to 51.12 Accounting records. (g) “Solid waste disposal” means the the Director, Bureau of Mines, Depart­ collection, storage, treatment, utiliza­ ment of the Interior, Washington, D.C., Subpart t —Progress and Accomplishment Reports tion, processing, or final disposal of solid 20240. A separate application must be 51.13 Project completion or termination W d iS tê * submitted for each project. reports. (h) “Fiscal year” means a 12-month 51.14 Annual reports. (b) If the applicant is an individual, 51.15 Special reports. period ending on June 30. the application should include a state­ 51.16 Acknowledgment of Federal Govern­ (i) “ Bureau” means the Bureau of ment in reasonable detail of his educa­ ment participation. Mines. tion, experience, accomplishments, and (j) “Applicant” means any public special qualifications for conducting the Subpart P— Consultation and Coordination (whether Federal, State, interstate, or project for which application is being 51.17 Cooperation. local) authority, agency, and institu­ made. 51.18 Advice, assistance, and coordination. tion, private agency and institution, and (c) If the applicant is an organiza­ Subpart G— Audits and Inspections individual who files application for a tion, the application should include a grant of Federal funds under section 204 51.19 Introduction. statement as to its nature, officers, prin­ 51.20 Audits. of the Act. cipal business, experience, and special 51.21 Inspections. (k) “Construction” means (1) the qualifications for conducting the project erection or building of new structures Authority: The provisions of Part 51 for which application is being made. Issued under sec. 204 and sec. 206 of Title and acquisition of lands or interest (d) If the applicant is a State or inter­ II of P.L. 89-272, 79 Stat. 998-999, 42 U.S.C. therein, or the acquisition, replacement, state agency submitting a proposal pur­ 3253,3255. expansion, remodeling, alteration, mod­ suant to section 206 of the Act, the appli­ ernization, or extension of existing Subpart A— General cation must (1) designate or establish a structures, and (2) the acquisition and single State agency (which may be an § 51.1 Purpose. installation of initial equipment, of or interdepartmental agency) or, in the case required in connection with new or The regulations in this part are issued of an interstate agency, such interstate newly acquired structures or the ex­ agency, as the sole agency for carrying pursuant to the Solid Waste Disposal panded, remodeled, altered, modernized Act of 1965 (P.L. 89-272), which au­ out the purposes of section 206 of the or extended part of existing structures Act; (2) indicate the manner in which thorizes appropriations to, and confers (including trucks and other motor ve­ authority upon, the Secretary of the provision will be made to assure full con­ hicles, and tractors, cranes, and other sideration of all aspects of planning es­ Interior in order to (a) initiate and machinery) necessary for the proper accelerate a national research and de­ sential to statewide planning (or in the utilization and operation of the facility case of an interstate agency jurisdiction­ velopment program for new and im­ after completion of the project, the engi­ proved methods of proper and economic wide planning) for proper and effective neering, architectural, legal, fiscal, and solid waste disposal consistent with the solid waste disposal, including studies economic investigations and studies, and directed toward the conservation of nat­ protection of the public health, including any surveys, designs, plans, working such factors as population growth, urban ural resources by reducing the amount of drawings, specifications, and other ac­ waste and unsalvageable materials and and metropolitan development, land-use tion necessary for the carrying out of planning, water pollution control, air by recovery and utilization of potential the project, and (3) the inspection and resources in solid wastes; and (b) pro­ pollution control, and the feasibility of supervision of the process of carrying out regional disposal programs; (3) set forth vide technical and financial assistance the project to completion. to State and local governments and the plans for expenditure of such grant, interstate agencies in the planning, de­ § 51.4 Purpose of making, and entities which plans provide reasonable assur­ velopment, and conduct of solid waste eligible to receive grants. ance of carrying out the purposes of section 206 of the Act. disposal programs. (a) Research, demonstration, train­ § 51.2 Bureau of Mines11 responsibility. ing, and other activities: Grants may (e) Information required with appli­ be made pursuant to section 204 of the cation; Applications shall be in the form The Secretary of the Interior has dele-, of proposals to undertake specific solid gated to the Director, Bureau of Mines, Act, for the conduct of, and to promote the coordination of research, investiga­ waste disposal projects. Such proposals authority to take the actions and make shall set forth for each project: the determinations that, under the Act tion, experiments, training, demonstra­ tions, surveys, and studies relating to the (1) The nature and scope of the proj­ are the responsibility of the Secretary. ect to be undertaken. The Director has redelegated this au­ operation and financing of solid waste thority to the Assistant Director— disposal programs, the development and (2) The period during which it shall Minerals Research for general direction application of new and improved meth­ be pursued. of this program. ods of solid waste disposal (including (3) The name and qualifications of devices and facilities therefor), and the, the person who will direct the project. § 51.3 Definition of terms. reduction of the amount of such waste (4) The number and general qualifica­ As used in this subchapter, the terms: and unsalvageable waste materials. tions of the personnel who will work on (a) “Act” means the Solid Waste Dis­ (b) State and interstate planning: the project, with the name, education, posal Act (P.L. 89-272, 79 Stat. 997). Grants, not to exceed 50 percent of the experience, and accomplishments of the (b) “Secretary” means the Secretary cost, may be made pursuant to section principal scientist who will be assigned to of the Interior. 206 of the Act to State and interstate it. (c) “State” means a State, the Dis­ agencies for making surveys of solid (5) The location or locations at which trict of Columbia, the Commonwealth of waste disposal practices and problems the project will be pursued. Puerto Rico, the Virgin Islands, Guam, within the jurisdictional areas of such and American Samoa. States or agencies and for developing (6) The importance of the project in (d) “Director” means the Director, solid waste disposal plans for such areas. relation to the Nation, State, or local Bureau of Mines. (c) Subject to the availability of ap­ area concerned. (e) “Interstate agency” means an propriated funds, grants may be made (7) The relation of the project to agency of two or more municipalities in to any public (whether Federal, State, other known research projects thereto­ different States, or an agency established interstate or local) authority, agency, fore pursued or currently being pursued by two or more States, with authority to institution, private agency or institution by the applicant and by others. Provide for the disposal of solid wastes or individual qualified to perform the (8) The extent to which the project and serving two or more municipalities work contemplated in sections 204 and will provide opportunity for the training located in different States. 206 of the Act. of scientists.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, I960 7458 RULES And regulations

(9) A financial plan setting forth cash (b) All grants for construction under a proper relationship is being maintained requirements, subdivided between grant the Act shall be subject to the provisions between expenditures of grant and non- and non-Federal funds: of the Davis-Bacon Act, as amended (40 Federal funds. (i) For each quarter of the first fiscal U.S.C. 276a to 276ar-5) relating to the (c) When applicable, payments will be year, and rates of wages paid to laborers and me­ made under Letter of Credit procedures (ii) For each subsequent fiscal year chanics in connection with such con­ prescribed by Treasury Circular No. 1075. during the proposed life of the project. struction. Wage rate determinations (10) The financial plan will include: made by the Secretary of Labor pursuant § 51.10 Cost computation principles. (i) The amount requested for direct to the Davis-Bacon Act will be provided (a) The cost computation principles expenses, by category of direct expense. to grantees, when applicable, by the prescribed in this section shall be utilized (11) The amount requested for indirect Bureau. in the cost accounting required with re­ expenses related to the requested direct (c) Any grant made under section 204 spect to grants under the Act to provide expenses. of the Act shall contain provisions effec­ evidence that the recipient has dis­ (iii) The total grant request. tive to insure that all information, uses, charged the obligation it assumed, when (iv) The additional amount which the processes, patents, and other develop­ accepting these funds, to expend them grantee proposes as its contribution from ments resulting from any activity under­ solely for costs necessary for the accom­ non-Federal sources. taken pursuant to such grant will be plishment of the work for which they (11) The facilities that will be devoted made readily available on fair and equi­ were received. These principles will also to the project. table terms to industries utilizing be applied in accounting for costs fi­ (12) The salient points of the plan methods of solid waste disposal and in­ nanced with non-Federal funds where that will be followed in pursuing the dustries engaging in furnishing devices, those costs pertain to programs financed project, including a financial plan in facilities, equipment, and supplies to be in part by grants under the Act. which expenditures are related to activity used in connection with solid waste dis­ (b) Basic cost formulas: Costs will be and rate of effort to be expended. posal. In carrying out this provision, the computed: (13) The intended method of publish­ Bureau will make use of and adhere to (1) By educational institutions, in ac­ ing the results of the project on a timely the Statement of Government Patent cordance with Bureau of the Budget Cir­ basis. Policy promulgated by the President’s cular A—21, as revised. (14) The basis for a determination memorandum of October 10,1963. (2) By all entities other than educa­ that the project could not be undertaken (d) Attention is called to the require­ tional institutions, in accordance with without the grant for which application ments of Title VI of the Civil Rights Act the Federal Procurement Regulations is made. of 1964 (78 Stat. 252; P.L. 88-352) which (second edition) (41 CFR 1-15.2). (15) Assurance that, if the grant is provides that no person in the United made, the required funds from non-Fed­ States shall on the grounds of race, color, §51.11 Title to property. eral sources will be forthcoming. or national origin be excluded from par­ (a) Title to property purchased with (16) Information as to whether the ticipation in, be denied the benefits of, funds from non-Federal sources used to project or part of the project has been or or be subjected to discrimination under match grants under section 206 of the will be submitted to organizations other any program or activity receiving Fed­ Act shall be vested in the grantee. than the Bureau for the purpose of ob­ eral financial assistance (section 601) (b) Title to property purchased with taining a grant. and to the implementing regulation is­ grant funds made available under section sued by the Secretary of the Interior 204 or section 206 of the Act shall vest in Subpart C— Approval of Applications with the approval of the President (43 the Government unless the grantee is a and Limitations CFR Part 17). nonprofit institution of higher education § 51.6 Return of defective submissions. (e) Any grant for a project which in­ or a nonprofit organization whose pri­ volves a federally assisted-construction mary purpose is the conduct of scientific Upon receipt of an application for a contract, as defined in Executive Order résearch and the Director determines grant pursuant to the Act, the Director 11246, September 24, 1965 (30 F.R. that vesting title in such grantee would shall determine whether the submission 12319), shall be subject to the condition further the objectives of the Act. conforms to the requirements of § 51.5. that the grantee .shall comply with the Nonconforming submissions will be re­ requirements of said Executive order § 51.12 Accounting records. turned with statements of the reasons and with applicable rules, regulations, (a) Individuals and organizations that for their return. and procedures prescribed pursuant receive funds under the Act, shall be re­ § 51.7 Requirements for apprpval. thereto. sponsible for maintaining books of ac­ (f ) No grant shall be made under sec­ count that clearly, accurately, and cur­ The Director may approve proposals tion 206 of the Act unless there is a satis­ rently reflect the financial transactions submitted under this Part 51 after factory assurance that the planning of involving grants financed under the Act determining: solid waste disposal will be coordinated, and also transactions financed with (a) The applicant is a bona fide or­ so far as practicable, with other related matching funds from sources other than ganization or individual that has quali­ State, interstate, regional, and local the Federal Government. In addition, fications necessary to perform the work. planning activities, including those fi­ they shall maintain files of all papers (b) The proposal was properly signed nanced in part with funds pursuant to necessary to explain and prove the valid­ by the applicant or its duly authorized section 701 of the Housing Act of 1954 ity of the transactions recorded. agent. (40 U.S.C. 461). (b) Such records, with all supporting (c) The solid waste disposal problems and related documents shall, at all rea­ to be undertaken are related to the mis­ Subpart D— Fiscal and Accounting sonable times, be made available, upon sion of the Department of the Interior. request, for inspection and audit by rep­ (d) Such research is desirable and § 51.9 Procedure for obtaining pay­ ments. resentatives of the Secretary and of the covers aspects of solid waste disposal not Comptroller General of the United otherwise being studied. (a) After the grant agreement has States. (e) A reasonable relationship exists been formally signed, payments of grant (c) Records relating to each grant between the cost to the Government and funds to the grantee will be made on shall be retained and made available the probable results to be achieved. public vouchers prepared, signed, and until the expiration of 3 years after the if) The applicant has expressed a will­ submitted by the grantee in three copies grantee’s last disbursement of such ingness to enter into a research project to the Director. Such vouchers will pro­ funds. agreement acceptable to the Director. vide for amounts to be paid to the (d) The books and records maintained §51.8 Limitations. grantee as funds are required for ex­ shall include a record of all property: penditures under an approved financial (1) Received from the Federal Gov­ (a) No grant shall be made to payplan. ernment. more than two-thirds of the cost of con­ (b) In the case of matching grants, (2) Charged as a cost of activities fi­ struction of any facility under the Act. the grantee will also submit evidence that nanced with funds provided by the Act.

FEDERAL REGISTER, VOL. 31 > NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7459

(3) Included in costs paid with non- . (4) Statements of project work re- part of such audits, exaininations will be Federal funds to match grant funds. maining to be accomplished. made on a selective basis to determine (e) An accountability record shall be (5) The nature and extent of activi­ that matching funds have been received maintained for all items of property that ties conducted in cooperation with or­ and properly expended by recipients of have an expected useful service life of ganizations. matching-fund grants under the Act and more than 1 year and have an acquisition (6) A detailed statement of the that grantees maintain a proper relation­ ship between costs paid with funds pro­ cost of $100 or more. amounts received during the year under (f) Grantees shall include the follow­ the grant and disbursements thereof, on vided under the Act. Professional audit ing provision in any contract for serv­ schedules prescribed by the Director. techniques will be applied, and accepted ices, equipment, or supplies they make (b) If the recipient has submitted toprinciples of business administration that requires payments exceeding $2,500 the Director a project completion or ter­ will be the governing criteria. from funds furnished under the Act or mination report in accordance with the § 51.21 Inspections. provisions of § 51.13, the recipient may non-Federal funds used to match such In relation to the substantive scien­ Federal funds : make, in lieu of providing the informa­ tion requested in subparagraphs (1), (2), tific research operations of grantees the Representatives of the Secretary of the Director may, with such personnel as he Interior or of the Comptroller General of the and (3) of paragraph (a) of this sec­ tion, an appropriate reference to such considers qualified and with such proce­ United States shall, until the expiration of dures as he determines to be suitable, 3 years after final payment under this con­ project completion or termination report. tract, have access to and the right to examine perform inspections of activities author­ any directly pertinent books, documents, §51.15 Special reports. ized and financed pursuant to the Act. papers, and records relating to this contract. All organizations and individuals re­ Such inspections will cover acceptability ceiving funds under grants made pur­ of progress, consistency with approved For the purposes of this requirement, suant to the Act shall submit such rea­ plans, and other factors the Director contracts for public utility services at sonable special or interim reports as deems important to enable him to dis­ rates established for uniform applica­ may from time to time be specifically re­ charge his responsibilities for achieve­ bility to the general public are excluded. quested by the Director. ments consistent with purposes of the Act. Subpart E— Progress and Accom­ §51.16 Acknowledgment of Federal plishment Reports Government participation. [F.R. Dew. 66-5619; Filed, May 23, 1966; 8:46 a.m.] § 51.13 Project completion or termina­ Appropriate acknowledgment shall be tion reports." given by grantees to the Department of the Interior’s participation in financing (a) Recipients of funds under the pro­ research carried out under provisions of Title 32— NATIONAL DEFENSE visions of sections 204 and 206 of the Act the Act. Such acknowledgment shall be are encouraged to publish as technical included in publications, news releases, Chapter VII— Department of the Air literature, the findings, results, and con­ and other information media developed Force clusions relating to separately identifi­ to publicize, describe, or report upon re­ able projects undertaken pursuant to the search activities and accomplishments SUBCHAPTER H— AIR FORCE RESERVE OFFICERS’ Act. Five copies of such documents shall carried out in whole or in part with funds TRAINING CORPS be furnished to the Director, together received under provisions of the Act. with supplementary information suitable PART 872—-AIR FORCE JUNIOR RE­ for project documentation purposes. Subpart F— Consultation and SERVE OFFICERS’ TRAINING CORPS (b) If a publication such as is de­ Coordination Subchapter H of Chapter VII, Title V scribed in paragraph (a) of this section § 51.17 Cooperation. 32, is amended by adding a new Part has not been prepared with respect to a 872, reading as follows: specific research project, recipients of The Director shall encourage and as­ sist in the establishment and mainte­ Sec. funds under the provisions of sections 872.1 Purpose. 204 and 206 of the Act shall, in conjunc­ nance of cooperation by and between 872.2 Definitions. tion with the completion or termination grantees and between them and other 872.3 Policy on AFJROTC. of the project, prepare a report which research organizations, the United States 872.4 AFJROTC mission. sets forth the findings, results, conclu­ Department of the Interior, and other 872.5 AFJROTC objectives. sions relating to such project. Five Federal establishments. 872.6 Scope of program. copies of the report shall be furnished to 872.7 AFJROTC organization. § 51.18 Advice, assistance, and coordi- 872.8 Requirements for establishment. the Director, together with supplemen­ . nation. tary information suitable for project 872.9 Procedures for establishment. The Director shall furnish such advice 872.10 Conditions for retaining units. documentation purposes. 872.11 Disestablishment of units. and assistance as will best promote the 872.12 Membership requirements. § 51.14 Annual reports. purposes of the Act, and coordinate proj­ 872.13 Disenrollment of students. ects initiated under the Act. (a) On or before September 1 of each 872.14 Admission of special students. 872.15 Transfer of students. year, each recipient of funds under the Subpart G— Audits and Inspections 872.16 Curriculum requirements. Act shall make a report relating to its § 51.19 Introduction. 872.17 Requirements for instructors. activity for the year ending June 30, and 872.18 Employment status. submit such report to the Director, in Representatives of the Secretary and 872.19 Instructor duties. five copies. If there were more than one of the Comptroller General of the United 872.20 Certificate of completion. grant in effect with the entity during the States may conduct on-site audits and 872.21 Credit for training. year covering more than one specific re­ inspections of grantees which have re­ 872.22 Government property and equip­ ceived Federal funds pursuant to the ment, search project, the annual report shall 872.23 Bonds/insurance. be made up of separate sections, one for Act, 872.24 Uniforms for AFJROTC members. each such project, which provide: § 51.20 Audits. 872.25 Shipping and other costs. (1) A description of research accom­ Audits conducted at the direction or Authority: The provisions of this Part plished and the findings, results, and 872 issued under sec. 8012, 70A Stat. 488; 10 conclusions relating thereto. on behalf of the Secretary will extend U.S.C. 8012, except as otherwise noted. (2) Supplementary information suit­ to a determination and appropriate find­ able for project documentation purposes. ing of fact concerning compliance with Source: AFR 45-39, Jan. 1, 1966. (3) A listing of project-related pub­ the provisions of the Act, the regularity § 872.1 Purpose. lications or reports issued and papers and accuracy of financial transactions Presented (with copies of such publica­ and recording, adequacy of property ac­ This part prescribes policies and pro­ tions being attached to each copy of the countability and internal control, and cedures for the organization, adminis­ annual report). reliability of financial reporting. As a tration and operation of the Air Force

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 No. 100-----2 7460 RULES AND REGULATIONS

Junior Reserve Officers’ Training Corps §872.5 AFJROTC objectives. (a) To provide a program of instruc­ (AFJROTC). AFJROTC students should develop : tion prescribed by the Air Force of either § 872.2 Definitions. (a) Habits of orderliness and preci­ a 4-year course of required aerospace education at military schools or a 3-year In this part, the following terms sion, and respect for constituted author­ ity. elective course at high schools. apply: (b) To maintain an ROTC member­ (a) Junior ROTC. All ROTC pro­ (b) Patriotism. (c) A high degree of personal honor, ship of not less than 100 physically fit grams conducted at the secondary level male students who are at least 14 years of education under 10 U.S.C. 2031, are self-reliance and leadership. (d) Knowledge of fundamental aero­ of age and citizens of the United States. considered to be Junior ROTC. (c) To employ retired officers and en­ (b) Air Force Junior ROTC space doctrine.. (e) Basic military skills. listed men whose qualifications are ap­ {AFPROTC) program. The official des­ proved by the Commander, AU, to ad­ ignation of the course of instruction (f) A knowledge of and appreciation for the traditions of the Air Force. minister the aerospace education course. offered by secondary level schools with Retired personnel so employed shall re­ the approval of the Air Force. (g) An interest in the United States Air Force as a career. ceive their retired pay and an additional (c) Air Force Junior ROTC unit. The amount equal to the difference between organized group of AFJROTC students § 872.6 Scope o f program. their retired pay and the active duty and instructors at one secondary school. pay and allowances—excluding hazard­ (d) Multiple unit. A group of units The maximum number of AFJROTC ous duty pay and proficiency pay—which organized and sponsored by one school units will be prescribed by the Secretary they would receive if ordered to active system where the AFJROTC program is of Defense. Programs will be established duty. conducted concurrently in two or more at requesting secondary schools on a fair (d) To act as the employing agency schools. and equitable geographical basis. No and pay the full additional amount re­ (e) Aerospace Education Instructor unit will be established or maintained by ferred to in the preceding paragraph to (AEI). The senior retired Air Force the Air Force in a school which hosts the individual employed. Reimburse­ commissioned officer employed by the either an Army or Navy Junior ROTC ment of one-half the additional amount secondary school to supervise the unit. will be made to the school by the Air AFJROTC program at the host school. § 872.7 AFJROTC organization. Force. (f) Assistant Aerospace Education In­ (e) To appoint a military property structor. Any retired Air Force officer (a) AFJROTC units: Units of the custodian who will be authorized to and noncommissioned officer employed AFJROTC are classified, as indicated in requisition, receive, stock, and account by the secondary school to assist the this paragraph, according to the type of for Government property issued to the Aerospace Education Instructor. school at which such units are estab­ school. (g) Member of AFJROTC. A student lished. (f) To conform to regulations relat­ who meets the eligibility requirements (1) Military Institutes or Militarying to issue, care, use, safeguarding, and is enrolled in AFJROTC by the Schools (MI). Schools at the secondary tum-in, and accounting for Govern­ Aerospace Education Instructor. level that: ment property issued to the school. (h) Special AFJROTC student. A (1) Require a 4-year course of aero­ (g) To comply with regulations per­ student who does not meet the eligibility space education. taining to furnishing a bond to cover the requirements for membership but is per­ (ii) Organize their students as a Corps value of all Government property issued mitted to receive AFJROTC'instruction. of Cadets under constantly maintained to the school. (i) Air Force Junior ROTC graduate. discipline. (h) Not to discriminate against stu­ A student who has successfully com­ (iff) Require all members of the Corps dents or instructors on the basis of race, pleted the AFJROTC program prescribed to be in uniform for all school activities. color, or national origin. by law and regulations and has been (iv) Have as their objective the de­ (i) To provide adequate facilities for awarded a certificate of completion and velopment of students’ character by classroom instruction, storage of uni­ a high school diploma. means of military training and the regu­ forms and equipment which may be fur­ (j) Aerospace Education (AE). The lation of their conduct according to the nished in support of the unit, and ade­ official designation of the AFJROTC principles of military discipline, and, in quate drill areas at or in the immediate program of instruction; an integral aca­ general, to meet military standards simi­ vicinity of the institution. demic course of study prescribed by the lar to those maintained at the service (j) To provide the required courses of Air Force and conducted by the second­ instruction and maintain the standards ary school. (2) High Schools (H S): Public or pri­ prescribed by the Air Force. (k) School year. The annual period vate secondary schools that are not op­ (k) To require all members of AFJ of academic instruction at any given erated on an essentially military basis. ROTC to participate in a physical edu­ secondary school. A 3-year course of aerospace education cation program conducted by the school. (l) Leadership Laboratory. A pro­ is conducted at these schools, and enroll­ gram that provides the AFJROTC cadet ment in the AFJROTC program is elec­ § 872.9 Procedures for establishment. leadership training in a supervised en­ tive. The officials of a secondary school may vironment involving an organized cadet (b) The AFJROTC is organized as a apply for an AFJROTC unit by writing corps. subordinate activity of Air University to the Commander, AU, Maxwell AFB, § 872.3 Policy on AFJROTC. with a central cadre manned by active Ala. An application and agreement duty personnel. AFJROTC units are form will be forwarded to the requesting The Department of the Air Force will manned by retired Air Force personnel school. If the completed application in­ conduct an AFJROTC program that will hired by these schools. Retired person­ dicates that tiie institution satisfies the provide meaningful military training of nel so employed are in no way consider«! selection criteria, the school will be vis­ benefit to the student and the Depart­ a part of the Air Force manpower ceiling ited by AU personnel before a contract ment of the Air Force. The program will established by OSD. is executed. Upon approval by Hq be conducted at a minimum of expense to USAF, AU will announce the schools se­ the Federal Government. § 872.8 Requirements for establishment. lected for establishment. § 872.4 AFJROTC mission. A unit is established or disestablished § 872.10 Conditions for retaining units. only by direction of the Secretary of the The AFJROTC mission is to acquaint Air Force. A school that desires to es­ Each school must continuously meet secondary school students with the aero­ tablish an AFJROTC unit must be fully the requirements for establishment of space age, to develop informed citizens, accredited by the appropriate State or an AFJROTC unit. Units which do not strengthen character, promote an under­ regional accreditation agency and make maintain the required standards will be standing of the role of the citizen soldier proper application for establishment of considered for probation or disestablish- in a democratic society, and motivate a unit to the Air University. The school ment. Each unit will be inspected to de­ students for careers in the United States must enter into a contractual agreement termine if the provisions of 5 872.8 are Air Force. with the Commander, AU: being maintained. If the inspection re- FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7461

(b) Inaptitude, indifference to train­ minimize the number of instructors re­ veals that a unit has failed to maintain quired and reduce the cost' to both the the required standards, AU will promptly ing, disciplinary reasons, or reasons in­ contact the school authorities concerning volving undesirable character traits. schools and the Air Force. (c) Failure to remain enrolled in the (b) Determination of the number of corrective action. If the conditions re­ instructor personnel authorized in each quiring corrective action are not resolved school. (d) Individual requests for release. unit will be made annually by AU based within the remainder of the school year, on the average number of member the unit will be placed on a 1-year pro­ § 872.14 Admission of special students. students. bationary status at the beginning of the When desired by the school principal, (c) The school will forward to AU for next academic year. The unit will be dis­ students who are not eligible for mem­ approval the names of the instructor per­ established at the end of the probation­ bership may be authorized to pursue the sonnel selected. ary year provided the reason for the pro­ AFJROTC course of instruction, pro­ (d) Retired personnel will wear the bationary status has not been resolved. vided the student load remains within Air Force uniform as prescribed by AFM Units that are placed on a probationary the capability of the AFJROTC instruc­ 35-10 (Service and Dress Uniforms for status will be inspected by AU during the tors and there is no loss in effectiveness Air Force Personnel) while conducting course of the probationary year. A re­ of military instruction and training. the AFJROTC program and at such other port of the inspection with appropriate (a) The school must pay the entire times as considered appropriate. recommendations to terminate the unit’s salaries of any additional instructors (e) AU may conduct orientation pro­ probationary status or disestablish the that may be needed to instruct special grams and workshops for instructors. unit will be forwarded to Hq USAP students. (AFPTRE). (b) : Special students will not be is­§ 872.18 Employment status. §872.11 Disestablishment of units. sued uniforms and will not be reported AFJROTC instructors are employees of on institutional records as members of the school and are responsible to school (a) Notification. If the authorities of the AFJROTC program. authorities for conduct of the program. a school desire to disestablish the (c) If the applicant is a citizen of a They must meet Air Force requirements AFJROTC unit they will notify the foreign country recognized by the United and maintain standards acceptable to the Commander, AU, in writing. With­ States, thè national interest of which Department of the Air Force. There is drawal of a unit for reasons other than is compatible with the United States, he no restriction on institutions hiring ad­ request of the school officials will be must obtain a letter from a representa­ ditional retired instructor personnel at made only for cases such as: tive of his government stating that there no expense to the Government. (1) Failure to maintain requirements is no objection to the student receiving § 872.19 Instructor duties. for a unit. AFJROTC instruction. The AEI will Retired Air Force personnel employed (2) Failure of a school to remedy the retain the original of the letter in the deficiency which resulted in the unit under the provisions of this part will be student’s personnel records and forward primarily responsible for conducting the being placed on probation. a copy of the letter to AU. If the AEI is (3) When disestablishment serves the AFJROTC program. The performance in doubt about relations between the of any duties desired by the institution in best interest of the USAF. United States and another country, he (b) Method of disestablishment. addition to those connected with instruc­ will forward a request for review tion, operation and administration of the Upon notification of disestablishment, through channels for decision. the unit will be phased out and the equip­ AFJROTC program must be contracted ment removed in an orderly manner. § 872.15 Transfer o f students. separately between the school and the in­ No new enrollments will be accepted and Transfer of students from Army, Navy, dividual AFJROTC instructor at no cost the total phase out will be accomplished and other AFJROTC units is author­ to the Department of the Air Force. within a maximum of 2 years after com­ ized with full credit for training received. This does not prevent AFJROTC in­ pletion of the probationary year. structors from serving on routine com­ § 872.16 Curriculum requirements. mittees or performing other extracur­ § 872.12 Membership requirements. The program of instruction for ricular duties normally performed by AFJROTC will be of not less than 3 other faculty members. When an indi­ To be eligible for membership and con­ vidual employed as an AFJROTC in­ tinuance in an AFJROTC program, each academic years duration. The curricu­ lum will include a minimum of 96 hours structor enters into a contract with the student must: institution to provide services which are (a) Be enrolled in and attending a per year of aerospace education includ­ ing leadership laboratory. A 4-year not part of AFJROTC instruction, these regular course of instruction at the services must be performed outside the school. course of required aerospace education will be conducted at all military schools. scope and the hours prescribed for the (b) Be a male citizen of the United AFJROTC duties. The institution is re­ States. § 872.17 Requirements for instructors. sponsible for advising AU of any change (O Be at least 14 years of age. of employment status of AFJROTC in­ (d) Be of good moral character as Retired Air Force officers and non­ structors employed at that institution. determined by the AEI and the school commissioned officer instructors whose _ principal. qualifications and subsequent perform­ § 872.20 Certificate of completion. (e) Be physically fit to participate in ance of duty meet the standards pre­ A Certificate of C o m p le t io n of AFJROTC training. A student is con­ scribed by the Commander, AU, will be AFJROTC will be presented to each sidered physically fit if he is qualified authorized as follows: student who successfully completes all for and participates in the physical edu­ (a) Single and multiple units in high of a prescribed AFJROTC program. cation program of the school. schools and military schools will be au­ thorized one retired officer instructor per §872.21 Credit for training. (f) Successfully complete such survey 500 AFJROTC members or major frac­ (a) A Professor of Aerospace Studies and screening tests as may be prescribed. tion thereof and one retired enlisted in­ (PAS) may waive the first year of the (g) Be selected by the AEI with the structor per 100 AFJROTC members or General Military Course (GMC) qf Sen­ approval of the principal or his repre­ major fraction thereof. However, any ior AFROTC for a student who possesses sentative. school qualifying for an AFJROTC unit a Certificate of Completion of AFJROTC from a high school. A PAS may waive § 872.13 Disenrollment of students. will be authorized a minimum of one officer unless it is part of a multiple unit the GMC or a portion of it for a graduate Normally, students will be disenrolled organization. Multiple units will be or­ of' a military school. from AFJROTC training as determined ganized so that the above mentioned (b) AFM 39-9 (Reenlistment in the by the A ii and the school principal. A instructor/student manning ratio is not Regular Air Force) authorizes a non­ student may be disenrolled for any of the exceeded based on total AFJROTC mem­ prior service AFJROTC graduate to en­ following reasons: bership within the school system. Mul­ list in the Regular Air Force in the grade (a) Failure to maintain acceptable tiple unit organization and management of A3C (E2). AFR 45-47 (Enlistment retention standards. will be established wherever possible to and Reenlistment in the Air Force Re-

FEDERAL REGISTER, VÒL. 31, NO. 10Ó— TUESDAY, MAY 24, 1966 7462 RULES AND REGULATIONS serve) authorizes a non-prior service 1. The departmental orders of Novem­ Seward Meridian AFJROTC graduate to enlist in the Air ber 17, 1902, and March 18, 1908, with­ T. 13 N., R. 3 W., Force Reserve in the grade of A3C (E2). drawing lands for reclamation purposes Sec. 34, Ny2NEÎ4NE%. § 872.22 Government property and are hereby revoked so far as they affect the following described lands: Containing approximately 20 acres. equipment. 2. Until 10 am. on August 16,1966, the Government property and equipment Boise Meridian State of Alaska shall have a preferred authorized for AFJROTC training will be T. 8 a , R. 21 E„ right to select the land as provided by the issued to a military property custodian Sec. 22, SV&NEV4, SE&NW%; act of July 28, 1956 (70 Stat. 709; 48 appointed by each school. The head of Sec. 23, SE%NEV4: U. S.C. 46-3b), section 6(g) of the Alaska the school will notify AU of the name of Sec. 27. w y2NW}4, SW%; Statehood Act of July 7, 1958 (72 Stat. Sec. 34, W14NW14. 339), and the regulations in 43 CFR the individual designated as military T. 8 S., R. 23 E., property custodian. Retired personnel Sec. 31. Tract F. 2222.9. After that time the land shall may be appointed to this duty. T. 8 S., R. 24 E., be open to operation of the public land Sec. 1, Tract E; laws generally, subject to valid existing § 872.23 Bonds/insurance. Sec. 25, Tract A. rights, the provisions of existing with­ Each school will be required to furnish T. 8 S., R. 25 E., drawals, and the requirements of appli­ a bond and/or insurance to cover loss Sec. 2, N%NEViSWi4 and that portion of cable law. All valid applications re­ and damage of Government property is­ the north 660 feet of lot 5 lying north ceived at or prior to 10 am . on August and west of the northwest right-of-way sued to the school (reference AFR 67-144 line of the Oregon Shortline Railroad. 16, 1966, shall be considered as simul­ (Bonding Educational Institutions Par­ taneously filed at that time. Those re­ ticipating in the AFJROTC Program) ). The areas described aggregate approx­ ceived thereafter shall be considered in AU is responsible for determining the imately 635 acres in Minidoka and the order of filing. amount of the bond and the execution Jerome Counties. Some of the lands 3. The land will be open to location thereof. are withdrawn in Projects No. 786 and under the U.S. mining laws at 10 am. on § 872.24 Uniforms for AFJROTC mem­ No. 1971 for power transmission line August 16, 1966. It has been open to bers. purposes, to which the Federal Power applications and offers under the mineral Commission’s General Determination of leasing laws. Members will be furnished the appro­ April 17, 1922, is applicable. Inquiries concerning the land should priate number and type of issue-in-kind 2. Until 10 a.m. on November 16,1966, be addressed to the Manager, Anchorage uniforms unless the school is a military the State of Idaho shall have a preferred District and Land Office, Bureau of Land institute and requires a distinctive uni­ right of application to select the lands Management, Anchorage, Alaska. form. AU will prescribe the manner of as provided by R.S. 2276, as amended wear of the uniform and insignia author­ Harry R. Anderson, (43 U.S.C. 852). After that time the Assistant Secretary of the Interior. ized for member students. No commu­ lands shall be open to operation of the tation in place of issue-in-kind uniforms public land laws generally, including the May 17, 1966. is authorized for the AFJROTC program. mining laws, subject to valid existing [F.R. Doc. 66-5615; Filed. May 23, 1066; § 872.25 Shipping and other costs. rights, the provisions of existing with­ 8:46 am .] drawals, and the requirements of ap­ Charges for shipment of Government plicable law. All valid applications re­ property to and from the institution, in­ ceived at or prior to 10 a.m. on November [Public Land Order 4006] cluding packaging and handling, will be 16, 1966 shall be considered as simul­ [Fairbanks 028073] paid by the Department of the Air Force. taneously filed at that time. Those All other costs incident to maintenance received thereafter shall be considered ALASKA and local storage and safeguarding of the in the order of filing. property will be paid by the institution. The lands have been open to appli­ Partial Revocation of the Depart­ By order of the Secretary of the Air cations and offers under the mineral mental Order of February 23, 1942 Force. leasing laws. By virtue of the authority vested in F rederick A. R yker, Inquiries concerning the lands should the Secretary of the Interior by the act Lieutenant Colonel, U.S. Air be addressed to Manager, Land Office, of May 31, 1938 (52 Stat. 593; 48 U.S.C. Force, Chief, Special Activi­ Bureau of Land Management, Boise, 353a), it is ordered as follows: ties Group, Office of The Idaho. The departmental order of February Judge Advocate General. Harry R. Anderson, 23, 1942, withdrawing lands for school [F.R. Doc. 66-5599; Filed, May 23, 1966; Assistant Secretary of the Interior. and medical purposes, is hereby revoked 8:45 a.m.] so far as it affects the following described May 17, 1966. land; Galena [F.R. Doc. 66-5614; Filed, May 23, 1966; 8:46 a.m.] That portion of tract 2 described as: Be­ Title 43— PUBLIC LANDS: ginning at a point from which corner No. 3 of U.S. Survey 2023 bears N. 8*00' E., 75 feet, INTERIOR thence S. 82*00' E., 370 feet, thence N. 8*00' [Public Land Order 4005] E. 75 feet, thence S. 82°00' E., 470 feet, thence Chapter 11^—Bureau of Land Manage­ [Anchorage 064494] S. 8°00' W., 410 feet to the Yukon River, ment, Department of the Interior thence southwesterly along the right bank ALASKA of the Yukon River at meander high water APPENDIX— PUBLIC LAND ORDERS 900 feet, more or less, to comer No. 4 of UA. Partial Revocation of Public Land [Public Land Order 4004] Survey 2023, thence N. 8°00' E., 611 feet to Order No. 5 the point of beginning. [Idaho 016922] By virtue of the authority vested in Containing 9.9 acres. IDAHO the President and pursuant to Executive The land is withdrawn by Public Land Order No. 2133 erf June 23, 1960, for Revocation of Reclamation With­ Order No. 10355 of May 26,1952 (17 F.R. 4831), it is ordered as follows: townsite purposes. drawal (Minidoka Project) 1. Public Land Order No. 5 of June 26, H arry R. Anderson, By virtue of the authority contained 1942, withdrawing public lands for use Assistant Secretary of the Interior. in section 3 of the act of June 17, 1902 of the War Department, now Department (32 Stat. 388; 43 U.S.C. 416), as amended of the Army, for military purposes, is M a y 17, 1966. and supplemented, it is ordered as fol­ hereby revoked so far as it affects the [F.R. Doc. 66-5616; Filed, May 23, 1966; lows: following described land: 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7463

[Public Land Order 4007] T. 2 S., R. 5 W., financial assistance in order to pursue See. 21, SW&SWÎ4. at least a half-time course of study at [Sacramento 079555] The areas described aggregate 2,908.94 such institutions. Thé Program includes CALIFORNIA acres in Catron, Socorro and Valencia provisions designed to encourage addi­ Counties, N. Mex. tional education on the part of students Withdrawal in National Forest for with a superior academic background. 5-Mile Job Corps Camp Site H arry R. Anderson, The Program also includes provisions de­ Assistant Secretary of the Interior. signed to attract an additional number By virtue of the authority vested in the May 17,1966. of superior students to the teaching pro­ President, and pursuant to Executive fession for service at the elementary and Order No. 10355 of May 26, 1952 <17 F.R. [P.R. Doc. 66-5618; Filed, May 23, 1966; secondary school levels and at institu­ 4831), it is ordered as follows: 8:46 a.m.] tions of higher education. 1. Subject to valid existing rights, the following described national forest lands § 144.2 Definitions. are hereby withdrawn from appropria­ Title 45— PUBLIC WELFARE (a) The Act. “The Act” means the tion under the U.S. mining laws (Ch. 2, National Defense Education Act of 1958, 30 U.S.C.), but not from leasing under Chapter I— Office of Education, De­ the mineral leasing laws, for a Job Corps Public Law 85-864, 20 U.S.C. Chapter camp site: partment of Health, Education, and 17 as amended. Welfare (b) State. The term “State” for pur­ Mount Diablo Meridian poses of this part, means a State, Puerto STANISLAUS NATIONAL FOREST PART 144— NATIONAL DEFENSE Rico, the District of Columbia, the Canal Five-Mile Camp STUDENT LOAN PROGRAM Zone, Guam, American Samoa, or the Virgin Islands. T. 2 N., R. 15 E., Part 144 of Title 45 of the Code of Fed­ ? Sec. 2, SW %. eral Regulations is hereby revised to read (c) Institution of higher education. as follows: “Institution of higher education” or “in­ The area described aggregates 160 Federal financial assistance made stitution” means an educational insti­ acres. available pursuant to the regulations set tution in any State which meets the 2. The withdrawal made by this order forth below is subject to the regulations requirements set forth in section 103(b) does not alter the applicability of those in 45 CFR Part 80, issued by the Secre­ of the Act. The term “educational insti­ public land laws governing the use of the tary of Health, Education, and Welfare tution” limits the scope of this definition national forest lands under lease, license, and approved by the President to effec­ to establishments at which teaching is or permit, or governing the disposal of tuate the provisions of section 601 of the conducted and which have an identity of their mineral or vegetative resources Civil Rights Act of 1964 (Public Law 88- their own. The separate identity of such other than under the mining laws. 352). establishments is generally reflected by their being incorporated or chartered for H arry R. Anderson, Sec. Assistant Secretary of the Interior. 144.1 Policy and purposes of the National such purposes in their own right, or by Defense Student Loan Fund Pro­ their receiving a separate listing in Part May 17, 1966. gram. m of the Office of Education “Education [P.R. Doc. 66-5617; Piled, May 23, 1966; 144.2 Definitions. Directory”. 8:46 a.m.] 144.3 Allotment and reallotment of Fed­ (d) Public. The term “public” as ap­ eral capital contributions to States. plied to any school or institution in­ 144.4 Institutional applications. [Public Land Order 4008] 144.5 Federal institutional loan agree­ cludes a school or institution of any agency of the United States, except that [New Mexico 0559219] ments. 144.6 Allocation and payment of Federal no such school or institution shall be NEW MEXICO capital contributions and Federal eligible to receive any grant, loan or institutional loans. other payment under this Act. Addition to Cibola National Forest 144.7 Eligibility and selection of loan re­ (e) Nonprofit. The term “nonprofit,”, cipients. By virtue of the authority contained 144.8 Advancement and repayment of as applied to a school or institution, in the Act of July 9, 1962 (76 Stat. 140; loans. means a school or institution owned and 43 U.S.C. 315g-l), it is ordered as fol­ 144.9 Oath or affirmation. operated by one or more nonprofit lows: 144.10 Provisions for loan cancellations. corporations or associations no part of Subject to existing valid rights, the 144.11 Fiscal. the net earnings of which inures, or may following described lands, acquired by 144.12 Compliance by institutions. lawfully inure, to the benefit of any 144.13 Preceding provisions not exhaustive private shareholder or individual. the United States in exchange made pur­ of jurisdiction of the Commis­ suant to section 8 of the Taylor Grazing sioner. (f) Commissioner. The term “Com­ Act of June 28, 1934 (48 Stat. 1272; 43 missioner” means the Commissioner of Authority : The provisions of this Part 144 Education. U.S.C. 315g), as amended, are hereby issued under secs. 201 to 209, 72 Stat. 1583— added to and made a part of the Cibola 87, as amended, 20 U.S.C. 421-429. (g) State educational agency: The National Forest and shall hereafter be term “State educational agency” means subject to all laws and regulations ap­ § 144.1 Policy and purposes of the Na­ the State board of education or other plicable to such national forest: tional Defense Student Loan Fund agency or officer primarily responsible Program. New Mexico P rincipal Meridian, New Mexico for the State supervision of public ele­ The National Defense Education Act mentary and secondary schools,- or, if T. 2 N., R. 8 W., of 1958, Public Law 85-864 (amended), there is no such officer or agency, an Sec. 7, lots 1, 2, 3, 4, E>/2W^ and Ey2i officer or agency designated by the gov­ Sec. 19, lots 1, 2, Ei/2NW% and NE&. affirmed the need to identify and educate more of the Nation’s talented young men ernor or by State law. T. 2 N., R. 9 w., and women, and to develop programs (h) Local educational agency. The Sec. 13. through which the fullest development term “local educational agency” means % 9 N., R. 12 W., of their mental resources and technical a board of education or other legally Sec. 5, lots 1, 2, 3, 4, sy2 and SVfcNVfc less skills may be realized. Title H of the constituted local school authority having a tract lying N. 87°39'15" E., 6452.54 feet Act initiates the National Defense Stu­ administrative control and direction of from northwest corner of sec. 6; thence dent Loan Program, under which Na­ public elementary or secondary schools s. 35°31'30" E., 1875.05 feet to point of beginning; thence E. 208.7 feet; thence tional Defense Student Loan Funds will in a city, county, township, school dis­ S. 208.7 feet; thence W. 208.7 feet; and be established at participating institu­ trict, or political subdivision in a State, thence N. 208.7 feet to point of be­ tions of higher education throughout the or any other public institution or agency ginning; United States for the purpose of making having administrative control and direc­ Sec. 6, lots 1, 2, 3, 4, 5, 6, 7, S^NE^, long-term, low-interest loans to quali­ tion of a public elementary or secondary SE14NW14, E1/2SW14 and SE14. fied students who are in need of such school.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7464 RULES AND REGULATIONS

(1) Bachelor’s degree. “Bachelor’s (r) Half-time student. “Half-time or terms normally taken therefor at the degree” means a degree which requires student,” or “student enrolled on at least Institution where he is pursuing a course completion by the recipient of a total of a half-time basis,” means a student who of study; and not less than the equivalent of 4 years is carrying at least one-half of the nor­ (2) For purposes of section 205(b) (3) of academic study at the college (in­ mal full-time academic workload as de­ of tiie Act, means any two complete se­ cluding graduate and professional termined by the institution where he is mesters, two complete trimesters or, school) level. enrolled. three complete quarters falling within a (j) Institutional application to par­ (s) Professional or graduate student. school year of approximately 12 months ticipate in the national Defense Student “Professional or graduate student” duration. Loan Program. An “institutional appli­ means, in general, a student who is en­ (y) Fiscal year. “Fiscal year” means cation to participate in the National rolled in an academic program of in­ the Federal fiscal year commencing on Defense Student Loan Program” consists struction above the college level which is the 1st day of July and ending on the of provided at an institution of higher edu­ 30th day of June. (1) A proposed agreement between cation. The term includes (1) that por­ (z) Permanently and totally disabled. the Commissioner and the institution tion of any program involving a period “Permanently and totally disabled” pursuant to section 204 of the Act for of study beyond 4 years of study at means the inability to engage in any payment of Federal capital contributions the college level, or (2) any portion of substantial gainful activity because of into a National Defense Student Loan a program leading to (i) a degree be­ a medically determinable impairment, Fund at such institution; yond the bachelor’s or first professional which impairment is expected to con­ (2) An application in such form as the degree, or (ii) a first professional de­ tinue for a long and indefinite period of Commissioner may require, for a Federal gree, when at least 3 years of study time, or to result in death, such disability capital contribution pursuant to section at the college level are required for en­ to be determined on the basis of the re­ 203 of the Act; and trance into a program leading to such- port of a physician on such forms as the (3) If the institution’s capital con­ degree. Commissioner may prescribe. tribution is to be financed in whole or in (t) Satisfactory standing, good stand­ (aa) Routine expenses. “Routine ex­ part through a Federal institutional ing. The terms “satisfactory standing” penses,” for purposes of section loan, an application in such form as the and “good standing” mean the eligibility 204(3) (C) of the Act, means the normal Commissioner may require, for a Fed­ of a student to continue in attendance or typical expenses incurred by the lend­ eral institutional loan. at the institution where he is enrolled as ing institution in its exercise of the gen­ (k) National Defense Student Loan a student in accordance with the institu­ eral and normal administration of the Fund. “National Defense Student Loan tion’s standards and practices. National Defense Student Loan Program. Fund” or “Fund” means the fund (u) Full-time teacher. “Full-time This includes activities such as those in­ established pursuant to section 204 of teacher” for the purpose of section volving receiving and processing appli­ the Act at an institution with which the 205(b) (3) of the Act means; cations for loans, approving of loans» Commissioner has executed an agree­ (1) In the case of an elementary or accounting for and reporting Fund trans­ ment, such fund being composed of Fed­ secondary school teacher, an individual actions, and normal collection efforts. eral capital contributions, institutional professionally employed on a full-time (bb) Other collection costs. “Other capital contributions, repayments of basis, and regularly engaged in carrying collection costs,” for purposes of section capital and interest, charges collected out the instructional programs of an 204(3) (D) of the Act, means such extra pursuant to § 144.8(h), and any other elementary or secondary school. While Identifiable costs of collection that are earnings of the fund. the term generally includes classroom in excess of the routine expenses incurred (l) Federal capital contribution. teachers and their supervisors, it may in the collection of student loan notes, “Federal capital contribution” means also include other personnel such as but does not include costs of employing the capital portion contributed by the school librarians and guidance coun­ individual contractors or agents to han­ Commissioner to a National Defense selors meeting the above requirements; dle collection duties that reasonably may Loan Fund pursuant to section 203 of and be expected to be performed by the lend­ the Act. (2) In the case of a teacher in an in­ ing institution’s own personnel. (m) Federal institutional loan. “Fed­ stitution of higher education, an individ­ ual professionally employed by such in­ § 144.3 Allotment and reallotment of eral institutional loan” means a loan Federal capital contributions to made by the Federal Government pur­ stitution and who is regarded by the States. suant to section 207 of the Act to an institution for purposes of salary, tenure, institution, the proceeds of which are to academic rank, or similar purposes as (a) Allotment. From sums appro­ be deposited by such institution in its being engaged on a full-time basis in priated for Federal capital contributions National Defense Student Loan Fund. activities primarily concerned with for any fiscal year ending prior to July 1« (n) Institutional capital contribution. rendering direct and personal services 1968, the Commissioner shall allot to “Institutional capital contribution” either in the instructional program or in each State an amount which bears the means the money deposited into a Na­ a capacity directly related to the im­ same ratio to the amount so appro­ tional Defense Student Loan Fund by provement of the students’ educational priated pursuant to section 201 of the the institution in an amount not less development at such institution. Act, as the number of persons enrolled than one-ninth of the Federal capital (v) Elementary school. “Elementary on a full-time basis in institutions in contributions thereto. school” means a school which provides each of such States bears to the total (o) National of the United States. elementary education, as determined number of persons enrolled on a full­ “National of the United States” means under State law or, if such school is not time basis in institutions of higher edu­ ( l ) a citizen of the United States or (2) in any State, as determined by the Com­ cation in all of the States. For the pur­ a person who though not a citizen of missioner. poses of this paragraph, the number of the United States owes permanent al­ (w) Secondary school. “Secondary persons enrolled on a full-time basis in legiance to the United States (8 U.S.CA, school” means a school which provides institutions of higher education shall be 1101(a)(22)). secondary education, as determined un­ determined by the Commissioner for the (p) Full-time student. “Full-time der State law or, if such school is not most recent year for which satisfactory student” means a student who is carry­ in any State, as determined by the Com­ data are available to him. ing a full-time academic workload in missioner, except that it does not include (b) Reallotment. In the event that terms of course work or other required any education provided beyond grade 12. the allotment for Federal capital contri­ activities as determined by the institu­ (x) Academic year or its equivalent. butions made to a State under paragraph tion. “Academic year or its equivalent” means: (a) of this section exceeds the total Fed­ (q) Full-time attendance. “Full-time (1) In general, the number of crediteral capital contributions made to the attendance” means compliance by a full­ hours which a student must acquire dur­ institutions within such State, for a given time student with the policies and reg­ ing any one school year in order to secure fiscal year, the unused portion of such ulations regarding attendance in effect the degree or certificate toward which allotment may be reallotted from time at the institution in which he is enrolled. he is working in the number of semesters to time, on such date or dates as the

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7465

Commissioner may fix, to other States in the institutional capital contributions, (2) In the event that an institution proportion to the original allotments to equal to not less than one-ninth of the which has applied for a Federal institu­ such States for such fiscal year, except Federal contributions, (c) collections of tional loan is unable, to secure the neces­ that such reallotments shall be made principal and interest on student loans sary amount of loan funds from the Com­ only (1) to the States in which allotments made from the Fund, (d) charges col­ missioner or otherwise to secure such are insufficient to meet the requests for lected pursuant to section 205(c) of the funds as may be required in order to Federal capital contributions which have Act, and (e) other earnings of the Fund; make the necessary institutional capital been reviewed and approved by the Com­ (iii) that the Fund be used only for (a) contribution, the amount of the Federal missioner in accordance with § 144.4(a) loans to students in accordance with the capital contribution which could have (3), and (2) to the extent necessary to agreement, (b) capital distributions as been offered to such institution pursuant meet such requests in any such State. provided in section 206 of the Act, (c) to subparagraph (1) of this paragraph § 144.4 Institutional applications. routine expenses incurred by the insti­ shall be reduced to an amount equal to tution in administering the Fund, not not more than nine times the amount of (a) Applications for Federal capital exceeding the lesser of either one-half such institutional capital contribution contributions. (1) Applications for Fed­ of the routine expenses as estimated for as the institution is able to make to the eral capital contributions shall be filed that year by the Commissioner or one Fund. by institutions in such form and manner per centum of the aggregate of the out­ (3) If an institution fails to accept all as may be prescribed by the Commis­ standing loans made from the fund as of the Federal capital contributions that sioner. of the close of that year, and (d) costs of have been offered to it, the amount rep­ ( 2 ) The Commissioner shall from time litigation, and other collection costs resented by such unaccepted offer shall to time issue a notice setting a date by agreed to by the Commissioner arising be restored as part of the State's allot­ which an institution must file the appli­ in connection with the collection of a ment. cation in order to be eligible to receive loan, the interest thereon or a charge (4) When funds that have been re­ a Federal capital contribution for the assessed with respect to the loan pur­ stored as a part of a State’s allotment are period stated in such notice. suant to section 205(c) of the Act; (iv) sufficient to increase significantly the (3) The amount requested in each ap­that in the selection of students to re­ amount of the Federal capital contribu­ plication for a Federal Capital contribu­ ceive loans from such student loan fund tion that can be made available to other tion shall be reviewed and approved by special consideration shall be given to institutions within the State, they shall the Commissioner for the purposes of students with a superior academic back­ be offered to such institutions whose re­ section 203(a) of the Act in the light of ground; and (v) include such other pro­ quests for Federal capital contributions the demands which may reasonably be visions as may be necessary to protect were reduced pursuant to subparagraphs expected to be made upon the Fund dur­ the financial interest of the United (1) and (2) of this paragraph. ing the period covered by the application States and promote the purposes of this (b) Allocation of Federal institutional after taking into consideration the bal­ part and as are agreed to by the Com­ loans. (1) Federal institutional loans ance in the Fund. When necessary to missioner and the institution. shall be made by the Commissioner upon this end the Commissioner may require the basis of his review of the data that the submittal of additional data. § 144.5 Federal institutional loan agree­ are provided to him in the application (b) Application for Federal institu­ ments. for a Federal institutional loan. tional loan. (1) Each application for a Federal institutional loans shall be (2) In the event that the funds avail­ Federal institutional loan shall include made subject to the terms of a note able for the purpose of making Federal a statement of supporting data on which which shall be executed by an official who institutional loans are insufficient to there shall be provided such informa­ is duly authorized to execute such notes satisfy the requests to which institutions tion as the Commissioner may require on behalf of the borrowing institution. would otherwise be entitled in accord­ (including information relative to the Such loans shall be used only for institu­ ance lyith § 144.4(b) (2), the Commis­ terms and conditions under which such tional capital contributions to the bor­ sioner shall allocate such available funds funds are available from non-Federal rower’s National Defense Student Loan among all of such requests therefor in sources) in order to make the necessary Fund. Each such note shall include such the same ratio as the amount of each determinations under section 207(a) of such request bears to the sums of the the Act. terms with respect to the payment of in­ terest and repayment of capital as are not amounts of all such requests. (2) The amount requested in each ap­ inconsistent with section 207(a) of the (3) If an institution fails to accept all plication for a Federal institutional loan Act and shall include such other terms of the funds that would otherwise be shall be reviewed and approved by the which the Commissioner finds necessary loaned to it, the Commissioner shall re­ Commissioner in the light of the require­ to protect the financial interest of the allocate such unaccepted funds to other ments of section 207(a) of the Act and United States and to promote the pur­ institutions if the amount of such funds the amount of the Federal capital con­ poses of the Act. is sufficient to increase significantly the tribution that has been reviewed and ap­ size of the loans to such other institu­ proved in accordance with paragraph § 144.6 Allocation and payment of Fed­ tions. (a) (3) of this section. eral capital contributions and Fed­ (c) Agreement for Federal capital eral institutional loans. (c) Payments of Federal capital con­ contributions. (1) The institutional tributions and institutional loans. Pay­ application to participate in the National (a) Allocation of Federal capital con­ment of the Federal capital contribu­ Defense Student Loan Program shall also tributions to institutions. (1) Federal tions and institutional loans shall be include a proposed agreement, signed by capital contributions will be offered to made in such amounts and at such times an authorized representative of the ap­ institutions within a State in relation to as the Commissioner shall designate. plicant institution, which shall be sub­ the amount of the requests for Federal § 144.7 ; Eligibility and selection of loan mitted for consideration and concur­ capital contributions that have been re­ recipients. rence by the Commissioner. viewed and approved in accordance with ., *2? No application for a Federal cap § 144.4 (a) (3). In the event that the total (a) Eligibility—in general. L o a n s ital contribution or for a Federal insti of Such requested amounts in all the ap­ shall be made only to a student who (1) tutional loan shall be approved unies plications for the Federal capital con­ is a national of the United States or is in is in effect an agreement betwee] tributions from a State exceeds that the United States for other than a tem­ *T.® Commissioner and the applicant in State’s current allotment therefor, the porary purpose and intends to become a stitution for Federal capital contribu amount of the Federal capital contribu­ permanent resident thereof; C2) is in tion that can be made available to any need of the amount of the loan to pursue lions pursuant to section 204 of the Acl a course of study on at least a half-time tv, ♦ agreement shall provide fo applicant institution from that allotment SJ® following items: (i) Estahlishmen shall bear the same ratio to such re­ basis as a graduate, professional, or un­ oi a Student Loan Fund by the institu dergraduate student at the institution; quested amount as the amount of the (3) is capable, in the opinion of the in­ {¡S1? deposit in the Fund of (a State’s allotment bears to the total of stitution, of maintaining good standing e Federal capital contributions, (b such requesed amounts within the State. in such course of study; and (4) has been

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7466 RULES AND REGULATIONS accepted for enrollment as at least a (g) Records of approval or disapprov­loan funds established pursuant to this half-time student at such institution or, al. The records of the institution shall part shall be at a rate equal to not léss in the case of a student already attend­ indicate the basis of approval or disap­ than $15 per month. ing such institution, is in good standing proval (including any special considera­ (f) Deferment of repayment. Inter­ and is enrolled on at least a half-time tion given) of all or any part of each stu­ est shall not accrue on any such loan, basis at such institution, dent application for a loan. and installments need not be paid dur­ (b) Determination of need. In deter­ ing any period (1) during which the mining a student’s need for a loan from § 144.8 Advancement and repayment of loans. borrower is carrying, at an institution Of the Fund, the institution shall where higher education or at a comparable in­ appropriate take into consideration (1) (a) Evidence of indebtedness; note. stitution outside the States approved for the income, assets, and resources of the All loans shall be evidenced by a promis­ this purpose by the Commissioner, at applicant, (2) the income, assets, and sory note executed by a student borrower least one-half the normal full-time aca­ resources of the applicant’s family, and which shall be in a form meeting the demic workload as determined by the (3) the cost reasonably necessary for requirements of section 205(b) of the Act. institution, (2) not in excess of 3 years, the student’s attendance at the institu­ The Commissioner shall from time to during which the borrower is a member tion, including any special needs and time make available a promissory note of the Armed Forces of the United States, obligations which directly affect the stu­ form which meets the statutory require­ and (3) not in excess of 3 years during dent’s financial ability to attend such ments. Except for a provision reflecting which the borrower is in service either institution. All determination of need an institution’s election to require secu­ as a volunteer under the Peace Corps shall be made in accordance with the rity or endorsement in cases permitted Act, or a volunteer (VISTA) under sec­ policies knd procedures established by under paragraph (b) of this section, any tion 603 of the Economic Opportunity the institution and made a part of the substantive deviation from the provisions Act of 1964; except that this provision agreement for Federal capital contri­ of the most current promissory note does not apply to any loan outstanding butions. form made available by the Commis­ on the effective dates of the Peace Corps (c) Limitations governing maximum sioner must be approved by the Commis­ Act or the Economic Opportunity Act of amount of loans. In accordance with sioner prior to the making of any loans 1964 unless with the consent of the then section 205(a) of the Act (1) the loans to be evidenced thereby. A copy of obligee institution. Any such period advanced from any Fund or Funds to a every executed note shall be supplied to shall not be included in determining the student for any “academic year or its the student maker thereof. 10-year period in which the repayment equivalent” (as defined in §144.2(x)) (b) Security. Neither security nor must be completed. The institution may may not exceed a total of $2,500 in the endorsement may be required except also provide that installments need not case of a professional or graduate stu­ that, if the borrower is a minor and if be paid during any period or periods, dent, $1,000 in the case of all other stu­ under the State law the note executed aggregating not in excess of 3 years, dur­ dents; and (2) the total of all such loans by him would not create a binding obli­ ing which the borrower is in less than to a student (regardless of the nature gation, the institution is permitted to half-time attendance at an institution of of his enrollment when received) may require security or endorsement. higher education taking courses which not exceed $10,000 in the case of a grad­ (c) Repayment. The note evidencing are creditable toward a degree, and may uate or professional student and $5,000 the loan shall provide for repayment of also provide that any such period shall in the case of all other students. This the principal amount, together with in­ not be included in determining the 10- statutory limit on the amount of loans terest thereon, in equal installments (or, year period during which the repayment which may be made in any “academic if the borrower so requests, in gradu­ must be completed, but interest shall year or its equivalent” will be complied ated periodic installments determined in continue to accrue during any such With if either (3) not more than $2,500 accordance with such schedules as may period. is advanced to a professional or gradu­ be approved by the Commissioner) pay­ (g) Revision of repayment schedule. ate student or $1,000 to any other stu­ able quarterly, bimonthly, or monthly In the event that a student who has bor­ dent during any 12-month school period (at the option of the institution) over a rowed from the Fund is unable, due to (normally beginning in September) or period beginning 9 months after the extraordinary circumstances, to comply (4) the total of the sums advanced to a date on which the borrower ceases to with his obligations in regard thereto, he student during any such period does carry, at an institution of higher edu­ may make application to the institution not exceed an amount which bears the cation or at a comparable institution to whose Fund he is indebted for revision same ratio to the number of credit hours outside the States approved for this pur­ of his schedule of repayment. Such ap­ for which the student borrower is regis­ pose by the Commissioner, at least one- plication shall be reviewed by the insti­ tered during such period as $1,000 (or half the normal full-time academic tution for determination as to appro­ $2,500, in the case of a graduate or pro­ workload as determined by the institu­ priate action to be taken and, where the fessional student) multiplied by the sum tion in which he is enrolled, and ending action taken by the institution involves of the academic years or their equiv­ 10 years and 9 months after such date. an extension beyond the 10-year period alent leading to the degree or certificate Selection of a repayment plan shall be pursuant to section 205(b) (2) (C) of the bears to the total sum of credit hours made prior to the date on which the Act, such action shall be reported to the required to earn such a degree. student ceases to be enrolled on at least Commissioner. (d) Selection—in general. L o a n s a half-time basis at the lending insti­ (h) Late payment charges. An insti­ from the Fund shall be made reasonably tution. tution may assess a charge with respect* available (to the extent permitted by the (d) Accelerated repayment. Any stu­ to a loan from the loan fund established Fund and subject to the provisions of dent borrower may, at his option, and by the institution pursuant to this part section 204(4) of the Act) to all eligible without penalty, repay all or any part of for failure of the borrQwer to pay all or applicants. In the event applications ex­ the principal and accrued interest at any part of an installment when it is ceed available funds, the order of selec­ any time. due, and in the case of a borrower who tion shall be made on the basis of objec­ (e) Minimum rate of repayment. tive criteria established by the institu­ is entitled to deferment benefits under The institution may provide if the section 205(b) (2) of the Act, or can­ tion and made a part of the agreement scheduled adopted pursuant to para­ cellation benefits under section 205(b) for Federal capital contributions. graph (c) of this paragraph provides for (3) of the Act, for any failure to file (e) Selection—Nondiscrimination. No repayments at a rate of less than $15 eligible applicant shall be denied a stu­ per month, and if the total of repay­ timely and satisfactory evidence of such dent loan from the Fund on account of ments required of the student on all charge may not exceed— sex, race, creed, color, or national origin. loans made pursuant to this part does (1) In the case of a loan which is re­ (f) Selection—special considerations. not exceed the rate of $15 per month, payable in monthly installments, $1 for In the selection of students to receive that during the repayment period of the the first month or part of a month by loans from the Fund, special considera­ loan, payments of principle and interest which such installment or evidence is late tion shall be given to students with supe­ by the borrower with respect to all the and $2 for each such month or part of a rior academic backgrounds. outstanding loans made to him from month thereafter; and

FEDERAL REGISTER, VO L 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7467

(2) in the case of a loan which has atration of students from low-income term or quarter, than he needs for such bimonthly or quarterly repayment inter­ families. period. val, $3 and $6 respectively, for each in­ (3) Nothing in this section authorizes (2) No monies shall be advanced to terval or part thereof by which such the refunding of any payment. any student-borrower from the Fund installment or evidence is late. unless at the time of such advancement § 144.9 Oath or affirmation. he is at least a half-time student. Thé institution may determine the time In conformity with section 1001(f) of (3) Upon failure of a student-bor­ of assessment and collection of any such the Act, no loan shall be made or funds rower to maintain satisfactory standing, charges, except that no such charge may advanced to any individual unless during the institution shall withhold any or all be added to the principal amount of the the school year in which the loan or further installments of his loan as may loan prior to the first day after the day advance is made such individual has be appropriate. on which such installment or evidence taken and subscribed to an oath or af­ (c) Collection of loans. Each insti­ was due, and if not added to the prin­ firmation in the following form: tution at which a Fund is established cipal amount of the loan,, no such charge shall accept responsibility for and use due shall become payable prior to the due I do solemnly swear (or affirm) that I date of the next installment after re­ bear true faith and allegiance to the United diligence in effecting collection of all ceipt by the borrower of written notice States of America and will support and de­ amounts due and payable to the Fund fend the Constitution and laws of the United in connection with loan transactions of thereof. States against all its enemies, foreign and the Fund. The institution shall use such (1) Teacher cancellation. (1) For domestic. collection practices as are generally ac­ service as a full-time teacher in a public cepted among institutions of higher edu­ or other nonprofit elementary or second­ § 144.10 Provisions for loan cancella­ cation and which are at least as extensive ary school in a State, in an institution tions. of higher education, or in the elementary and forceful as those used in the collec­ or secondary school overseas of the (a) Full-time teaching. The determi­ tion of other student loan accounts due Armed Forces of the United States, ex­ nation as to whether or not a student- the institution. In the exercise of due cept for any academic year for which a borrower is entitled to have any portion diligence, the institution shall: borrower is entitled to cancéllation pur­ of his loan canceled for service as a (1) Conduct, whenever possible, an suant to subparagraph (2) of this para­ full-time teacher in a public or other exit interview with each borrower prior to graph, there shall be canceled, at the rate nonprofit elementary or secondary school separation and provide the borrower with of 10 per centum of the total amount of within a State, in an institution of higher a copy of his repayment schedule (which his loan plus Interest thereon for each education, or in an elementary or sec­ shall specify tiie dates and amounts of complete academic year or its equivalent ondary school overseas of the Armed installments as they become due), (as defined in § 144.2) of such service, Forces of the United States in accordance (2) Maintain contact with borrower an amount not to exceed 50 per centum with section 205(b) (3) of the Act, shall after separation in order to facilitate bill­ of the total amount of his loan plus inter­ be made by the institution to whose Fund ing at the time the first installment falls such loan is payable upon receipt and due, est thereon. evaluation of an application for cancel­ (2) Commencing with the school year (3) Establish and maintain régulât lation from such student. billing and followup procedures during 1966-67, for service as a full-time teacher (b) Permanent and. total disability. the period in which any outstanding bal­ in a public or other nonprofit elementary Determinations (based on medical evi­ or secondary school which is in the ance remains unpaid, and dence supplied by the borrower) as to (4) Establish such further collection school district of a local educational whether or not a student is entitled to a agency eligible in that year for assist­ procedures as the institution may con­ cancellation of indebtedness in accord­ sider appropriate to effect prompt and ance pursuant to title n of P.L. 874, 81st ance with section 205(b) (6) of the Act Congress, as amended, and which for regular repayments. on the basis of permanent and total dis­ (d) Records and reporting. (1) Each the purpose of this section and for that ability shall be made by the institution to year has been determined by the Com­ institution shall maintain, on a current whose Fund the borrower is indebted, basis, adequate records which reflect all missioner to be a school with a high subject to approval of the Commissioner. concentration of students from low- transactions with respect to the Fund, income families (as determined in ac­ (c) Death. The determination as to and shall establish and maintain such cordance with § 116.4 of this chapter— whether or not a student is entitled to a general ledger control accounts and re­ Financial Assistance to Local Educa­ cancellation of indebtedness in accord­ lated subsidiary accounts as are pre­ tional Agencies for the Education of ance with section 205(b)(6) of the Act scribed by the Commissioner. Such Children of Low-Income Families), a because of the death of the borrower records shall: borrower may cancel his loan at the rate shall be made by the institution to whose (i) Meet at least the minimum stand­ of 15 per centum of the total amount of Fund the borrower is indebted on the ards prescribed by the Commissioner as his loan plus interest thereon for each basis of a certificate of death or such set forth in the most recent official Na­ complete academic year or its equivalent other official proof as is conclusive under tional Defense Student Loan Program (as defined in §144.2) of such service. State law. Manual of Policies and Procedures and The Commissioner’s determination shall § 144.11 Fiscal. other official guidelines that may be is­ sued from time to time, bp based upon a ranking of such schools (a) In general. The Fund shall be with a high concentration of students deposited and carried in a special ac­ (ii) Be maintained in such a manner from low-income families, submitted by count of the institution, and shall be as to separately identify all Fund trans­ the State educational agency for the used only for the purposes designated in actions from all other institutional funds State in which the school is located, but § 144.4(c) (3). The Federal capital con­ and actvities, in no event shall include more than 25 tribution shall be deposited promptly into (iii) Reflect the separate deposit into Per centum of the total of the public the Fund of Federal capital contributions the Fund with the full and proper and institutional capital contributions. and other nonprofit elementary and sec­ amount of the institution’s capital con­ ondary schools of that State. Schools tribution. There shall be in the Fund at (iv) In instances where the institu­ in eligible school districts shall be ranked all times monies representing the insti­ tion exercises the option to assess on the basis of objective standards and tutional capital contribution equal to at charges for late payments of install­ methods approved by the Commissioner least one-ninth of the amount of the ments due or for late filing of required which take into account the numbers balance of the Federal capital contribu­ certificates of cancellation and/or de­ and percentages of students from low- tions in such Fund. ferment in accordance with § 144.8(h), income families in attendance in such (b) Payment of loans. (1) Loans reflect the payment of such charges schools. With respect to each school from the Fund shall be made to student- through separate journal entries or in a year, the Commissioner shall make avail­ borrowers from the Fund in such install­ separate ledger account. able to each State educational agency a ments as are deemed appropriate by the (v) Reflect each transaction so as to list of schools which have been deter­ institution, except that no borrower may afford ready identification of each bor­ mined to be those with a high concen­ receive more, during a given semester, rower’s account and status thereof, and

No. loo-----a FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7468 RULÉS AND REGULATIONS

(vi) Contain full and proper docu­regulations may be issued hereafter as Chicago, Rock Island & Pacific Railroad mentation to support each cancellation circumstances may warrant. Co.; Colorado & Southern Railway Co., The; entry for reason of death, permanent Dated: April 20,1966. Fort Worth & Denver Railway Co.; and total disability, or teaching service. Missouri-IlUnois Railroad Co.; If a fiscal agent is utilized by the in­ [seal] H arold H owe H, Missouri-Kansas-Texas Railroad Co.; stitution, its function must be limited U.S. Commissioner of Education. Missouri Pacific Railroad Co.; solely to the performance of ministerial Approved: May 18,1966. St. Louis-San Francisco Railway Co.; acts. The responsibilities of the institu­ Texas & Pacific Railway Co., Thè. tion to make determinations relative to J ohn W. Gardner, (2) The term “boxcars” as used in the making and collection of loans can­ Secretary of Health, this order means plain unequipped box­ not be delegated. Education, and Welfare. cars of fifty feet, six inches or less inside (2) Institutions shall submit such re­ [FR. Doc. 66-5653; Filed, May 23, 1966; length. ports and information as the Commis­ 8:49 a.m.] (3) The provisions of this order shall sioner may reasonably require in con­ apply to intrastate, interstate, and nection with the administration of the foreign commerce. Act and shall comply with such provi­ (b) Each common carrier by railroad sions as he me y fmd necessary to insure Title 49— TRANSPORTATION subject to the Interstate Commerce Act the correctness and verification of such Chapter I— Interstate Commerce shall observe, enforce, and obey the fol­ reports. Annual reports of Fund status Commission lowing rules, regulations, and practices and transactions shall be forwarded to with respect to its car service: thè Commissioner by each institution SUBCHAPTER A— GENERAL RULES AND (1) Withdraw all boxcars described in within thirty days of the close of each REGULATIONS paragraph (a) of this section from dis­ fiscal year. [S.O. No. 985] tribution and return to owners empty (3) Institutions shall retain pertinent except as otherwise provided in subpara­ records of Fund activités, including PART 95— CAR SERVICE graphs (2), (3), (4), and (5) of this oaths subscribed to pursuant to § 144.9, Distribution of Boxcars paragraph. until such time as agreed upon with the (2) Boxcars defined in paragraph (a) Commissioner that there is no further At a session of the Interstate Com­ of this section available empty at a sta­ need for retention. merce Commission, Railroad Safety and tion other than a junction with the owner (e) Internal controls. (1) The FundService Board, held in Washington, D.C., may be loaded to stations on or via the shall be administered in each institu­ on the 19th day of May A.D. 1966. owner, or to any station which is also a tion in such a manner as to provide for It appearing that there is presently a junction with the owner for unloading on an adequate system of internal controls. shortage of boxcars to meet current re­ any line serving such station. Wherever practical, approval of loans, quirements on the railroads named in (3) Boxcars defined in paragraph (a) collection of loans, disbursement of loan paragraph (a) herein; that forthcoming of this section available empty at a funds, and recordkeeping shall be di­ grain harvests will further greatly de­ junction with the owner must be de­ vided so as to prevent the handling of all plete an inadequate supply of boxcars; livered to the owner at that junction, aspects of the loan program by a single that prompt and uninterrupted move­ either loaded or empty. individual ment of grains from farms to terminals (4) Boxcars defined in paragraph (a) (2) Promissory notes arising out ofis essential to prevent spoilage and con­ of this section may not be back-hauled, student loan transactions must be ade­ sequent great economic loss; that con­ or held empty more than 24 hours quately safeguarded and maintained in tinued movement of grains from termi­ awaiting placement for loading for the good order in a secure location which is nals to markets and to ports is essential purpose of obtaining a load as authorized preferably fireproof and can be locked for the national economy and to enable in subparagraphs (2) and (3) of this when not in use. Only authorized per­ the nation to meet its foreign aid com­ paragraph. sonnel shall have access to these notes. mitments; that these railroads must also (5) A carrier named in paragraph (a) continue to furnish boxcars to shippers of this section will handle boxcars of §144.12 Compliance by institutions. of other commodities in order to prevent other carriers named in that section If, at any time, after notice and op­ the closing of industries and unemploy­ under the provisions of subparagraphs portunity for hearing, the Commissioner ment of their personnel; that present (1), (2), (3), and (4) of this paragraph determines (a) that the requirements for regulations and practices with respect to and of paragraph (c) of this section. an institution’s participation in the stu­ the use, supply, control, movement, dis­ (c) No common carrier by railroad dent loan program are no longer met, or tribution, exchange, interchange, and subject to the Interstate Commerce Act (b) that any monies in the Fund or to return of boxcars owned by these rail­ shall accept from shipper any boxcar be deposited therein have been expended roads are ineffective. It is the opinion defined in paragraph (a) of this section for purposes for which the Fund is legally of the Commission that an emergency for movement contrary to the provisions unavailable and such diversions have not exists requiring immediate action to pro­ of paragraph (b) of this section. been restored, or (c) it is determined by mote car service in the interest of the (d) Effective date. This order shall the Commissioner that the institution public and the commerce of the people. become effective at 12:01 a.m., May 25, has not exercised due diligence in the Accordingly, the Commission finds that 1966. administration and management of the notice and public procedure are imprac­ (e) Expiration date. This order shall Fund, no further Federal capital con­ ticable and contrary to the public inter­ expire at 11:59 p.m., July 3, 1966, unless tributions shall be made to such Fund est, and that good cause exists for mak­ otherwise modified, changed, or sus­ and no further expenditures shall be per­ ing this order effective upon less than pended by order of this Commission. mitted to be made from such Fund until 30 days’ notice. (Secs. 1, 12, 15, 24 Stat. 379, 383, 384, as there is no longer any failure of such It is ordered, That: amended; 49 U.S.C. 1, 12, 15, 17(2). In­ compliance. terprets or applies secs. 1(10-17), 15(4), 40 § 95.985 Service Order No. 985. Stat. 101, as amended 54 Stat. 911; 49 U.S.C. § 144.13 Preceding provisions not ex­ (a) Distribution of boxcars; applica­1(10-17), 15(4),17(2)) haustive of jurisdiction of the Com­ tion. (1) This order shall apply to box­ It is further ordered, That a copy of missioner. cars owned by the railroads listed be­ this order and direction shall be served No provision of this part now or here­ low: upon the Association of American Rail­ after promulgated shall be deemed ex­ Atchison, Topeka & Santa Fe Bailway Co., roads, Car Service Division, as agent of haustive of the jurisdiction of the Com­ The; all the railroads subscribing to the car missioner under the Act. The provisions Chicago, Burlington & Quincy Railroad service and per diem agreement under of this part may be modified or further Co.; the terms of that agreement; and that

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7469 notice of this order be given to the gen­ 7. Accordingly, it is ordered, That, ef­ eral public by depositing a copy in the Title 47——TELECOMMUNICATION fective May 27, 1966, Part 15 is amended as set forth below. Office of the Secretary of thé Commis­ Chapter I— Federal Communications sion at Washington, D.C„ and by filing it Released: May 19,1966. with the Director, Office of the Federal Commission Register. [FCC 66-437] F ederal Communications Commission,1 By the Commission, Railroad Safety PART 15— RADIO FREQUENCY [ seal] B en F . W aple, and Service Board. DEVICES Secretary, [seal] H. N eil Garson, Part 15 is amended by the addition of Secretary. Measurement Procedure new subparagraph (4) to paragraph (b) of §15.75. [FH. Doc. 66-5657; Filed, May 23, 1966; At a session of the Federal Communi­ 8:50 a.m.] cations Commission held at its offices in § 15.75 Measurement procedure. Washington, D.C., on the 18th day of • * « * * May 1966; (b) * * *. [S.O. No. 983; Amdt, I] 1. Section 15.75 of Part 15 of the Com­ mission’s rules cites only one standard (4) International Electrotechnical PART 95— CAR SERVICE procedure for receiver radiation meas­ Commission Publication No. 106 (1959) urement as an acceptable method for and Supplement 106A <1962) for Distribution of Boxcars certification of receivers: IEEE Standard measurement of conducted and radiated 187. One of the requirements of this interference from broadcast receivers. At a session of the Interstate Com­ method is that the measurements be (For frequencies above 25 Mc/s a con­ merce Commission Railroad Safety and made at a distance of 100 feet from version factor of 0.1 (—20 db) shall be Service Board, held in Washington, D.C., the receiver, over an open field clear of applied to the measured values for com­ parison with the limits in § 15.63.) on the 19th day of May A.D. 1966. reflecting objects. Upon further consideration of Service 2. Another standard procedure for Note: This publication and supplement measurement of receiver radiation which may be purchased from the American Stand­ Order No. 983 (31 F.R. 6060) and good has been developed and recommended for ards Association, 10 East 40th Street, New cause appearing therefor: use is contained in International Electro­ York, N.Y., 10016. It is ordered, That: Service Order No. technical Commission (IEC) Publication * * * ■*) 983 (Boxcars owned by the Southern 106 (1959) and Supplement 106A (1962). (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. The distance between receiver and meas­ 154. Interprets or applies sec. 303, 48 (Stat. Pacific Co. and by the Union Pacific 1082, as amended; 47 U.S.C. 303) Railroad Co.), be, and it is hereby uring equipment specified in this stand­ ard is 3 meters or approximately 10 feet. [FJt. Doc. 66-5670; Filed, May 23, 1966; amended by substituting the following 3. The Commission has information 8:51am .] paragraph (e) for paragraph (e) there­ on correlation tests and studies made on of: these two measurement procedures by [Docket No. 16535; FCC 66-446] the Japan Machinery & Metals Inspec­ § 95.983 Service Order 983. tion Institute at Tokyo, Japan, by the FART 73— RADIO BROADCAST * * ' * * * Istituto Elettrotecnico Galileo Ferraris SERVICES (e) Expiration date. This order shall at Turin, Italy, and by the FCC Labora­ Certain FM Broadcast Stations expire at 11:59 p.m., July 3, 1966, unless tory at Laurel, Md., which show reason­ ably close agreement. These tests show In the matter of amendment of otherwise modified, changed, or sus­ that a correlation factor of about 20 db § 73.202, Table of Assignments, FM pended by order of this Commission. exists between these two measurement Broadcast Stations (Camarillo, Calif., Effective date. This amendment shall procedures. Hence a factor of —20 db Tappahannock, Va., Silsbee, Tex., Boon- become effective at 11:59 p.m„ May 28, would be required to be applied to meas­ ville, Ind., Slidell and New Orleans, La., 1966. ured values obtained by the IEC proce­ Coming, Paragould, and Wynne, Ark., dure at 10 feet to convert to an indicated Jacksonville and Tyler, Tex., Aurora and (Secs. 1, 12, 15, 24 Stat. 379, 383, 384, as value at 100 feet for comparison with the Bolivar, Mo., Memphis, Tex., Ottumwa, amended; 49 U.S.C. 1, 12, 15. Interprets or Iowa, Trenton, Mo., Peoria, 111., and applies secs. 1(10-17), 15(4), 40 Stat. 101, receiver radiation limits in § 15.63 of Part as amended, 54 Stat. 9ll; 49 U.S.C. 1(10-17), 15. Nacogdoches, Tex.); Docket No. 16535, 15(4)) 4. The IEC standard appears to be an RM-902, RM—905, RM-9I3, RM-908, acceptable procedure for measurement RM-916, RM-915, RM-914, RM-919, It is further ordered, That copies of of receiver radiation and the Commis­ RM-900, RM-920. this order and direction shall be served sion believes that the rules should be 1. The Commission has before it for upon the Association of American Rail­ amended to include this procedure as consideration its notice of proposed roads, Car Service Division, as agent of acceptable in receiver certification. In­ rule making, released on March 17, 1966 deed, preference for the IEC procedure (FCC 66-262), and published in the the railroads subscribing to the car serv­ may evolve because it requires a much F ederal R egister on March 23, 1966 (31 ice and per diem agreement under the smaller testing area than that required F.R. 4845), proposing a number of terms of that agreement; and that by the IEEE procedure: 10-foot separa­ changes in the FM Table of Assign­ notice of this order shall be given to the tion between receiver and measuring ments. A number of comments were general public by depositing a copy in equipment in the IEC method versus a filed and have been considered in making the Office of the Secretary of the Com­ 100-foot separation in the IEEE method. the following determinations. Except as 5. Since the amendment adopted here­ otherwise noted, all of the proposals mission at Washington, D.C., and by in imposes no new requirements but were unopposed. filing it with the Director, Office of the rather provides an additional measure­ 2. RM-902. Camarillo, Calif. (William Federal Register. ment procedure for receiver certifica­ R. Everett). RM-913. Tappahannock, tion, compliance with the notice, pro­ Va. (Rappahannock Broadcasting Corp., By the Commission, Railroad Safety cedural,1 and effective date provisions of Inc.). _ RM-916. Silsbee, Tex. (J. P. and Service Board. section 4 of the Administrative Pro­ White), RM-914. Boonville, Ind. (Boonville Broadcasting Co.). [seal] H, N eil Garson, ' cedure Act is unnecessary, Secretary. 6. The amendment adopted herein is In these four cases, interested parties issued pursuant to authority contained have sought the assignment of a first IFJt. Doc. 66—5656; Filed, May 23, 1966; in sections 4(i) and 303(r) of the Com­ 8:49 a.m.] munications Act of 1934, as amended. 1 Commissioner Wadsworth absent.

FEDERAL REGISTER, VQL. 31, NO. l 00— TUESDAY, MAX 24, 1966 7470 RULES AND REGULATIONS

Class A channel in a community, with­ Inc., licensee of Station KWYN(AM), 11. Upon consideration of all the facts out requiring any other changes in the Wynne, Ark., filed a petition requesting in this case we are of the view that the Table. The communities are of sub­ the assignment of a first FM channel to shifting of a Class C assignment from stantial size and have either a daytime- Wynne, by making two additional neces­ Tyler, where it is unoccupied and which only AM station or no AM station. We sary changes in the Table as follows: would «till retain two other Class C as­ are of the view that the assignment of a signments, and its assignment to Jack­ first Class A FM channel to each of these Channel No. sonville, would be a fair and equitable communities will serve the public inter­ City distribution of available facilities and est. We are therefore assigning Channel Present Proposed would serve the public interest. The 240A to Camarillo, Calif., 288A to Tappa- assignment will also result in a third FM hannock, Va., 269A to Silsbee, Tex., and Corning, Ark___ ...... _ 285A 228A service to the area at an early date. 296A to Boonville, Ind. Paragould, Ark______224A 285A While we have been reluctant to mix 3. RM-900. Slidell, Louisiana: In aWynne, Ark______224A Class A and C assignments in the same petition filed on January 3, 1966, Bill city, it appears to be warranted under Garrett Broadcasting Co., licensee of 7. Wynne, a community of 4,922, is the the circumstances here present. Ac­ radio Station WBGS, Slidell, La., re­ largest community and county seat of cordingly, we are assigning Channel 293 quested rule making looking toward the Cross County, which has a population of to Jacksonville and substituting Channel removal of Channel 287 from New 19,551. The only AM station in Wynne 257A for 293 at Tyler. Orleans and its assignment to Slidell, is KWYN, a Class IV station. Petitioner 12. RM-915. Bolivar, Mo.: In a peti­ La., as follows: urges that Wynne is the trading center tion filed on February 7, 1966, Robert for a number of smaller communities F. Neathery and L. C. McKenney, trading Channel No. within the area, that there is a need for as Shepherd of the Hills Broadcasting City and sufficient support for an PM station, Co., licensee of Station KBLR (AM), Present Proposed and that the assignment would permit Bolivar, Mo., requested the assignment of greater coverage in the early morning Class C Channel 263 by substituting 287 and nighttime hours than is possible with Channel 228A for 261A at Aurora, Mo., 222,227, 239, 222, 227, 239, the existing AM station. as follows: 246, 253, 258, 246, 253, 258, 266, 270, 287 266, 270. 8. We are of the view that Wynne merits the assignment of a first Class A Channel No. City 4. New Orleans has a population of FM assignment, especially since it can 627,525 persons. It has 11 AM stations, be accomplished without depriving any Present Proposed 8 of which are unlimited time operations. other community of such an assignment. Under the guidelines used in setting up We are therefore assigning Channel 224A Bolivar, Mo______263 the FM Table of Assignments this city to Wynne and making the other two Aurora, Mo...... 261A 228A was entitled to from 6 to 10 FM assign­ required changes in assignments, for ments and was assigned 9 Class C chan­ which no applications have been filed. 13. Bolivar is a community of 3,512 nels. Five of these are in operation or 9. RM-908. Jacksonville, Tex.: In a persons and is located about 27 miles authorized (one at La Place under the petition filed on January 24,1966, Wells, north of Springfield in Polk County, “25-mile rule”) and three have not been Waller and Ballard, Inc., licensee of Sta­ which has a population of 13,753. It has applied for. Slidell (about 28 miles tion KEBE (AM), Jacksonville, Tex., re­ a daytime-only AM station, licensed to northeast of New Orleans) is a com­ quested the switching of Channels 257A petitioner, but no FM assignment. Peti­ munity of 6,356 persons and the parish and 293 between Tyler and Jacksonville, tioner urges that a Class C assignment (St. Tammany) in which it is located Tex., as follows: would provide a greater first aural serv­ has a population of 38,643. It has a ice than would a Class A assignment. day-time-only AM station (WBGS) li­ Channel No. Assuming a facility of 50 kw power and censed to petitioner, but no FM assign­ City 500 feet antenna height, it is estimated ment. Petitioner urges that Slidell Present Proposed that an area of 2,165 square miles would needs and deserves an FM assignment in be provided with its first FM service view of the rapid population and in­ Jacksonville, Tex______257A 293 within a 1 mv/m contour and that an dustrial growth of the area. It submits Tyler, Tex.______226,268,293 226,257A, 268 area of 2,020 square miles now without that the population has grown from any AM service would likewise be pro­ 6,356 in 1960 to 12,298 as of June 30,1965 10. Tyler, the central city of its Stand­vided with an FM signal of 1 mv/m. and that the area is the center of oper­ ard Metropolitan Statistical Area, has a 14. In our notice we denied the request ations by NASA and the Mississippi Test population of 51,230, and the metropoli­ for rule making to assign a Class C chan­ Operations, employing in the order of tan area has a population of 86,350. Of nel to Bolivar and instead invited com­ 12,800 people. None of the Class A its three Class C assignments, two are in ments on the assignment of a Class A channels can be assigned to Slidell in operation and the remaining one, Chan­ channel (288A or 292A) to the commu­ conformance with the rules.1 nel 293 has not been applied for. It has nity. We did this because we believe that 5. While, in general, Slidell is the type four AM stations, two of which are un­ Bolivar is too small (3,512 persons) to of community in which a Class A assign­ limited time operations. Jacksonville, warrant a departure from our general ment is appropriate, we are of the view about 28 miles south of Tyler, has a pop­ policy of assigning Class B or C channels that the proposed assignment of Class C ulation of 9,590 persons and the county to the large cities and metropolitan areas Channel 287 to Slidell by its deletion in which it is located has a population and Class A channels to the small com­ from New Orleans, would serve the public of 33,120. In addition to the Class A FM munities, and that a large part, if not all, interest in this case. We are compelled assignment, which is unoccupied, it has of the claimed “white area” will be cov­ to this conclusion by the rapid growth a Class IV AM station, licensed to peti­ ered by the Class C assignments at and increased economic potential of the tioner. Petitioner urges that it is anxious Springfield (only 27 miles distant) and community, the unavailability of a Class to construct an FM station which will other assignments in the general area. It A assignment, and the lack of local radio cover a much greater area and popula­ was pointed out that there is on file an service during the early morning and tion than is possible with the Class A application for the Class C assignment evening hours. On balance, we believe assignment. It estimates that 687,735 at Lebanon, about 40 miles from Bolivar.1 that the reduction of New Orleans to 8 persons will be within the proposed 50 15. Petitioner objects to the assign­ Class C assignments and the assignment uv/m contour assuming an ERP of 50 ment of a Class A rather than a Class C of a first Class C channel to Slidell would kilowatts and an antenna height of 500 channel on several grounds. First it represent a fair and equitable distribu­ feet above average terrain. Finally, pe­ urges that its AM station, KBLR, serves tion of available facilities. titioner states that it will file for such a a number of small communities about 24 6. RM-905. Wynne, Ark.: On Janu­ station as soon as the proposed amend­ 1A second application for this assignment ary 20,1966, East Arkansas Broadcasters, ments are adopted. has since been filed.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7471 miles to the north of Bolivar and that a we are assigning Channel 279 to Mem­ tion, since we did not believe Ottumwa 1 mv/m contour cannot be placed over phis, Tex. merited three assignments we proposed these communities with the facilities to 18. RM-920. Ottumwa, Iowa: Thigto assign the requested Class C and one which a Class A assignment is limited. petition, filed on February 16, 1966, re­ other Class A assignment (Channel 249A Second, it argues that high powered sta­ quested a first Class C assignment in or 257A). The proposal was summarized tions are not able and do not attempt to Ottumwa, Iowa, and was filed by KBIZ, as follows: meet the needs of'local areas such as Inc., licensee of Station KBIZ (AM), Ot­ those mentioned. And finally, it states tumwa, Iowa. The proposed assignment Channel No. that the AM station has an “influence in Ottumwa would require a change in an City over wide areas of Missouri”. We have unoccupied assignment in Trenton, Mo., Present Proposed carefully considered the comments filed as follows: in this case and reviewed the initial deci­ Ottumwa, Iowa. 249A, 257A 223, 249A or sion made in the Notice to assign a Class 257A Channel No. Trenton, Mo.... 224A 221A A channel to Bolivar rather than a Class City C channel as requested by petitioner. Peoria, 111.__... 223,227,295 227,289,295 We are still of the view that Bolivar is Present Proposed not the type of community which merits 21. Upon review of all the evidence 249A, 257A 223.249A, before us we believe that the assignment a departure of our general policy in this 1 257A regard. It is not the center of a large 224A 221A of Channel 223 and one Class A channel rural area and is not located far removed to Ottumwa would serve the public inter­ from population centers. The petitioner •* Petitioner lists Channel 285A in Ottumwa hut this est. Use of Channel 223 at a site meet­ does not refute the contention that no assignment was deleted and Channel 249A was substi­ ing all the spacing requirements and all “white areas” will be served by the pro­ tuted for it in Docket No. 16186. the other rules will provide the potential posed Class C station and that there are 19. Ottumwa, the largest community for wide-area coverage and the first FM a number of Class C assignments in the in and the county seat of Wappalo Coun­ service to that city. Likewise, we are of general area around Bolivar. The fur­ ty, has a population of 33,871. Wappalo the view that the substitution of Chan­ ther arguments advanced by petitioner County has a population of 46,126. No nel 289 for 223 at Peoria will serve the do not have sufficient weight to overturn applications have been filed for the Class public interest since it will remove a bad this decision. Petitioner does not show A assignments in Ottumwa but two AM short-spacing and permit at least two that it cannot serve the communities stations, one a Class IV and the other a FM stations to better serve the public. mentioned to the north of Bolivar, al­ daytime-only station, operate in the city. It will retain three Class B assignments; though it would be with a signal strength Petitioner concedes that the assignment in this large city of over 100,000 popula­ less than 1 mv/m. As for the argument of Channel 223 cannot be utilized in the tion, without depriving any other corn-; that the high powered stations in the city of Ottumwa in view of the resulting munity of an assignment. larger cities do not serve the local areas, short-spacings which would result to an 22. Nacogdoches and Jacksonville, the Commission has in previous decisions adjacent channel assignment on Channel Tex.: In addition to the above-proposed pointed out that the entire listening pub­ 222 at Oelwein, Iowa, and to a co-channel changes,, the Commission proposed to lic within the service area of a station is station, WMBD-FM, at Peoria, 111. make two changes to remove a short­ entitled to service from that station, and KBIZ submits, however, that there is an spaced assignment at Nacogdoches as that a station has the obligation to serve area near Lancaster, Mo., in which all follows: the needs of all persons residing within the separation rules can be met and from the entire service area. See Petersburg which the required signal may be placed Channel No. Television Corp., Docket No. 10737 et al., over the city of Ottumwa. Lancaster is City 10 R.R. 567.. In view of the foregoing, about 35 miles south of Ottumwa and so we reaffirm our decision not to assign a maximum power and an antenna height Present Proposed Class C channel to Bolivar and instead of over 1,000 feet will be required to pro­ will assign Channel 202A to that com­ Nacogdoches, Tex______221A, 252A 221 A, 257A vide Ottumwa with the required signal 257A 272A munity. strength. With respect to the shortage 16. RM-919. Memphis, Tex.: On Feb­to Peoria, KBIZ points out that WMBD- ruary 11, 1066, Jerry Hooser, Dick Fowler, FM holds a construction permit, BMPH- We stated further that in the event We and Frank I. Guess, doing business as 8593, to change frequency to Channel 227 assigned Channel 293 to Jacksonville, MWC Broadcasting Co., permittee of a and this change would eliminate the re­ we would not assign Channel 272A to new AM station in Memphis, Tex., filed maining short-Spacing. Petitioner urges that community. As stated above, we are a‘ request for Class C Channel 279 at that it is anxious to operate a wide- assigning Channel 293 to Jacksonville Memphis, Tex., presently without any coverage FM station from the TV site of and need not consider the 272A proposal. PM assignment. Memphis has a popula­ KVTO near Lancaster, Mo., in order to With respect to the Nacogdoches substi­ tion of 3,332. It is the largest commu­ obtain the advantage of the substantial tution, Texas Broadcasting Co., Inc., ap­ nity and the county seat of Hall County, antenna height of that station; that it plicant for Channel 252A at Nacog­ which has a population of 7,322. The would provide the required signal over doches, supports the proposal to substi­ new AM station in the community will be Ottumwa with a power of 100 kilowatts tute Channel 257A for 252A. J. C. Stall­ a day-time-only operation. The nearest at the available antenna height ; and that ings, also an applicant for Channel 252A city of substantial size is Pampa, at a dis­ neither of the Class A channels would at Nacogdoches, supports this proposal tance of about 60 miles and the nearest be feasible at the proposed site. also, but only if the Commission refuses metropolitan area is Amarillo, about 80 20. In our notice we pointed out that a to adopt a counterproposal to assign miles distant. community the size of Ottumwa and so Channel 277 to Nacogdoches by deleting 17. While we have assigned Class A located with respect to metropolitan cen­ that assignment from Lufkin, Tex., and channels to the smaller communities and ters may merit the assignment of a Class assigning 252A in its place. This is the Class B and C channels to the larger cities C channel. Since Channel 223 would same proposal as was advanced by this and metropolitan areas, we have made involve a short-spacing with WMBD-FM party in RM-830 and considered in exceptions to this policy in those cases on the same channel at Peoria, 111,, and Docket 16212. A request for reconsidera­ where the small community was the cen­ since WMBD-FM held a construction tion of the denial of this request in ter of a large rural area and was far re­ permit for a change of frequency to Docket 16212 is pending before the Com­ moved from large centers of population. Channel 227 and its present assignment mission. In view of the pendancy of the In view of the rural area around Mem­ was also short-spaced (about 97 miles to Stallings petition for reconsideration phis and its isolation from centers of a co-channer station instead of the re­ and the availability of Channel 257A, in quired 150 miles), we also proposed to the event the assignment of Channel 277 population, we believe that this com­ substitute Channel 289 for 223 at Peoria. is not made to Nacogdoches, we are not munity merits a departure from our over- On April 4,1966, WMBD-FM commenced making any changes in the assignments P°Iicy in this respect. Accordingly, program tests on Channel 227. In addi­ to this community at this time.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7472 RULES AND REGULATIONS

23. Authority for the adoption of the be held in Union County, S.C., during with the provisions of the Administra­ amendments contained herein is con­ 1966 under § 722.461(c) (31 F.R, 6580). tive Procedure Act (5 U.S.C. 1003). No tained in sections 4(i), 303, and 307(b) Since the only purpose of this amend­ data, views, or recommendations per­ of the Communications Act of 1934, as ment is to correct the referenda results taining thereto were submitted pursuant amended. in § 722.277 (30 F.R. 15647, 31 F.R. 2776) to such notice. Since farmers will be 24. In accordance with the determina­ it is hereby found and determined that harvesting rice in areas prior to the date tions made above: It is ordered, That ef­ compliance with the notice, public pro­ that county normal yields would ordi­ fective June 27, 1966, § 73.202 of the cedure and 30-day effective date require­ narily become effective (30 days after Commission's rules, the FM Table of As­ ments of section 4 of the Administrative publication in the F ederal Register) , it signments, is amended with respect to Procedure Act (60 Stat. 238; 5 U.S.C. is hereby found that the proclamations the communities named as follows: 1003) is unnecessary. Accordingly, this and determinations herein shall become a. Add the following entries: amendment shall be effective upon filing effective upon the date of the filing of City Channel No. this document with the Director, Office this document with the Director, Office Wynne, Ark______224A of the Federal Register. of the Federal Register. Camarillo, Calif______240A Section 72.277(b) is amended by Section 730.1708 is issued to provide Boonville, Ind______296A adding Union County to the list of coun­ the regulations for determining county Slidell, La______287 ties in South Carolina. Bolivar, Mo______292A normal yields and to proclaim the yields Memphis, Tex______279 (Sec. 344a, 79 Stat. 1197; 7 U.S.C. 1344b) for the 1966 crop of rice determined Silsbee, Tex__ ___ 269A thereunder. Tappahannock, Va______.______288A Effective date. Date of filing this doc­ ument with the Director, Office of the § 730.1708 County normal yields for b. Amend the following entries to Federal Register. 1966 crop rice. read: Signed at Washington, D C., on May (a) Regulations. County norm al City Channel No. 18, 1966. yields for 1966 crop rice shall be deter­ Corning, Ark______228A H. D. G odfrey, mined by computing the average yield Par agon Id, Ark__. ______285À Peoria, III______227,289,295 Administrator, Agricultural Sta­ per harvested acre of rice for each coun­ Ottumwa, Iowa_. ______223, 249A bilization and Conservation ty producing rice during the years 1961 New Orleans, La. 222,227, 239, 246, 253, Service. through 1965, adjusted for abnormal 258,266, 270 [F,R. Doc. 66-5635; Filed, May 23, 1966; weather conditions and other uncontrol­ Trenton, Mo______221A 8:48 a.m.] lable natural causes and for trends in Jacksonville, Tex. ______293 yields. Where data for any year are not Tyler, Tex______^ 226, 257A, 268 available, or there was no actual yield, 25. It is further ordered, That this pro­ PART 730— RICE an appraised yield for such year shall be ceeding is terminated. determined on the basis of the yields Subpart— 1966—67 Marketing Year obtained in surrounding counties during (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. such year and the yield in years for 154. Interpret or apply secs. 303, 307, 48 D etermination of County N ormal Stat. 1082, 1083; 47 U.S.C. 303, 307) which data are available, Adjustments Y ields for 1966 Crop for abnormal weather conditions and Adopted: May 18,1966. The regulations contained in § 730.1708 other uncontrollable natural causes shall Released: May 19,1966. are issued pursuant to and in conformity be as follows: For any annual yield, in­ with the rice marketing quota provisions cluding an appraised yield, which is less F ederal Communications of the Agricultural Adjustment Act of than 75 per centum of the 5-year (1961- Commission, 1938, as amended. Section 301(b) (13), 65) average yield, 75 per centum of such [seal] B en F. W aple, subparagraphs (D) and (F), of the Act average shall be substituted therefor; Secretary. provide definitions for county, normal and for any annual yield, including an [F;R. Doc. 66-5671; Filed, May 23, 1966; yields as follows: appraised yield^which is in excess of 125 f{"<. - J 1 8:51 a.m.] (D) “Normal yield” for any county, in the per centum of the 5-year (1961-65). aver­ case of rice * * *, shall be the average yield age yield, 125 per centum of such aver­ per acre of rice * * *, for the county during age shall be substituted therefor. The the 5 calendar years immediately preceding adjustment for trends in yields shall be Title 7— AGRICULTURE the year for which such normal yield is de­ made by adopting as the county normal termined * * *, adjusted for abnormal yield the simple average of (1) the 1961- Chapter VII— Agricultural Stabiliza­ weather conditions and for trends in yields. 65 average yield per harvested acre jof tion and Conservation Service If for any such year data are not available, or there is no actual yield, an appraised yield rice for the county, adjusted for abnor­ (Agricultural Adjustment), Depart­ for such year, determined in accordance with mal weather conditions and other un­ ment of Agriculture regulations issued by the Secretary, taking controllable natural causes as provided into consideration the yields obtained in in the preceding sentence, and (2) the SUBCHAPTER B— FARM MARKETING QUOTAS surrounding counties during such year and 1964-65 average yield per harvested acre AND ACREAGE ALLOTMENTS r the yield in years for which data are available, of rice for the county, similarly adjusted, shall be used as the actual yield for such year. PART 722— COTTON except that no trend adjustment shall be 0 0 0 0 0 made unless the 2-year adjusted average Subpart— 1966 Crop of Upland Cot­ (F) In applying subparagraphs (D) and is higher than the 5-year adjusted aver­ ton; Acreage Allotments and Mar­ (E), if on account of drought, flood, insect age. Notwithstanding the adjustments pests, plant disease, or other uncontrollable as indicated above, no county normal keting Quotas natural cause, the yield for any year of such yield shall be less than the unadjusted 5-year period is less than 75 per centum of 5-year (1961-65) average yield. R eferenda R esults Correction; S ale or the average, 75 per centum of such average Lease T ransfers shall be substituted therefor in calculating (b) Statistical data. Section 301(c) the normal yield per acre. If, on account of of the Agricultural Adjustment Act of This amendment to § 722.277 is issued abnomally favorable weather conditions, the 1938, as amended, provides that “The pursuant to the Agricultural Adjustment yield for any year of such 5-year period is in latest available statistics of the Federal Act of 1938, as amended (52 Stat. 31, as excess of 125 per centum of the average, 125 Government shall be used by the Secre­ amended; 7 U.S.C. 1281 et seq.), to add per centum of such average shall be substi­ tary in making the determinations re­ Union County, S.C. to the table listing tuted therefor in calculating the normal yield per acre. quired'to be made by the Secretary the counties from which transfers by sale under this act.” In accordance there­ or lease to other counties within the Prior to the issuance of the regulations with, the annual yields of rice for same State to take effect during 1966, for determining county normal yields for counties in the States of Arkansas, 1967, and 1968, may be approved as a 1966 and the determination of county California, Louisiana, Mississippi, Mis­ result of the referenda held on November normal yields thereunder, public notice souri, and Texas used in the determina­ 23,1965. Consequently, no referenda will (30 FR . 12684) was given in accordance tion of county normal yields in this sec-

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7473 tion shall be the latest official yields Normal Normal Normal Normal yield per yield, per yield per yield per determined by the Statistical Reporting harvested harvested harvested harvested Service of the Department, on the basis acre acre acre acre of its estimate of harvested acres and Parish (pounds) Parish (pounds) County (pounds) County (pounds) production of rice in applicable counties Louisiana Texas of those States during each of the years Acadia___ 3,347 Morehouse __ 3,748 A u stin __ ___ 4,481 Lavaca __ ___4,358 1961 through 1965, except that if such A llen ______3,314 Ouachita ____ 3,267 B ow ie______4,174 Liberty ___.___ 3,746 a yield for any year is not available an Ascension _ 3,126 Pointe Brazoria____ 3,835 Matagorda ___ 4,692 Assumption_2, 940 Coupee ____ 3,590 Calhoun __ 4, 294 N e w to n ____3,448 appraised yield shall be used for such AvoyeUes ___ 3,564 R ap id es____ 3, 712 Chambers ___ 3,900 Orange __ 3,225 year. In the minor rice-producing Beauregard __ 2, 798 Richland ____ 2,614 Colorado ____4,485 P o lk ______2,760 States of Florida, Illinois, North Caro­ Bossier _ ____ 3,000 St. Charles ___ 2,320 Fort Bend __ 4,331 Travis_____4,350 Calcasieu ____ 2, 946 St. James_ 3, 049 Galveston _._ 3,876 Victoria ___4,528 lina, Oklahoma, South Carolina, and Cameron ____ 3,448 St. John the H ardin__ ___ 3,745 Walker ___ 2, 660 Tennessee where no official estimates of Concordia ____ 3,640 Baptist - __ 3, 165 4, am Waller 4. 506 rice yields were available, the annual rice East Carroll— 3, 736 St. Landry ___ 3,600 Jack son ____4,568 Washington _ 3,150 Evangeline ___ 3, 570 St. Martin. __ 3,041 Jasper______3,259 Wharton _.___ 4, 622 yields for the years 1961 through 1965 Franklin__ 2,632 St. Mary_____ 2,910 Jefferson ____3,518 used in determining the county normal Grant ______3,300 St. Tammany. 2,090 State ______4,160 yields in this section for the applicable Iberia __ ... 3,099 T en sa s__ 3, 555 (Secs. 301, 375, 52 Stat. 38, as amended by 70 counties in these States shall be those Iberville____3,346 Terrebonne¡ __ 2,800 Stat. 212, 52 Stat. 66, as amended; 7 U.S.C. Jefferson Vermilion _^_ 3,402 1301,1375) obtained by special surveys covering all D avis_____ 3, 502 West Baton farms producing rice in any of the calen­ Lafayette ____3,300 Rouge _..___ 3,535 Effective date. Upon filing with the Lafourche __ 1, 920 West Carroll _ 3, 630 Director, Office of the Federal Register. dar years 1961 through 1965. Madison— ___3,602 (c) Proclamation of county normal Signed at Washington, D.C., on May 18, yields. County normal yields for 1966 1966. State __. 3,362 H. D. Godfrey, crop rice, determined in accordance with Administrator, Agricultural Sta­ paragraphs (a) and (b) of this section, Normal Normal bilization and Conservation yield per yield per are as follows: harvested harvested Service. acre acre Arkansas [F.R. Doc. 66-5636; Filed, May 23, 1966; County (pounds) County (pounds) 8:48 a.m.] Normal Normal Mississippi yield per yield per harvested harvested Bolivar_____3,728 Quitman .___3,296 Chapter IX— Consumer

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7474 RULES AND REGULATIONS

fective in order to effectuate the declared tion in the F ederal R egister (60 Stat. [Nectarine Reg. 1] policy of the act is insufficient^ and this 237; 5 U.S.C. 1001 et seq.) ; and good amendment relieves restriction on the cause exists for making the provisions PART 916— NECTARINES GROWN IN handling of lemons grown in California thereof effective at the time hereinafter CALIFORNIA and Arizona. set forth, In that the time intervening Limitation of Shipments Order, as amended. The provisions in between the date when information upon paragraph (b) (1) (ii) of § 910.514 (Lemon which this amendment is based became §916.324 Nectarine Regulation 1. Regulation 214, 31 F JR. 7110) are here­ available and the time such amendment (a) Findings. (1) Pursuant to the by amended to read as follows: must become effective in order to effectu­ marketing agreement and Order No. 916 §910.514 Lemon Regulation 214. ate the declared purposes of the act is (7 CFR Part 916) regulating the han­ * # * * * insufficient; this amendment does not dling of nectarines grown in the State require any special preparation for com­ of California, effective under the appli­ 0» Order. U ) * * * pliance therewith which cannot be com­ cable provisions of the Agricultural Mar­ (ii) District 2: 302,250 cartons. pleted by the effective time thereof; and keting Agreement Act of 1937, as amend­ * * * * * this amendment relieves restrictions on ed (7 U.S.C. 601-674), and upon the basis (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the handling of nectarines. of the recommendations of the Nectar­ 601-874) The provisions of § 916.119 Exemption ine Administrative Committee, estab­ Dated: May 19,1966. from inspection are revised to read as lished under the aforesaid marketing follows: agreement and order, and upon other P aul A. Nicholson, § 916.110 Exemption from inspection. available information, it is hereby found Deputy Director, Fruit and Veg­ that the limitation of shipments of nec­ etable Division, Consumer and (a) Waivers. A handler may handle tarines, as hereinafter set forth, and in Marketing Service. nectarines without inspection and certi­ the manner herein provided, will tend to [F.R. Doc. 66-5637: Filed, May 23, 1966; fication, as prescribed Under § 916.55, if effectuate the declared policy of the 8:48 am .] all the following conditions are met: act. (1) The handler requests the Federal- (2) It is hereby further found that it State Inspection Service to provide in­ is impracticable, unnecessary, and con­ PART 916— NECTARINES GROWN spection during Its regular working hours trary to the public interest to give pre­ IN CALIFORNIA at least 2 hours in advance of the time liminary notice, engage in public rule- when inspection is needed. The request making procedure, and postpone the ef­ Subpart— Rules and Regulations need not be in writing but it shall be fective date of this section until 30 days confirmed immediately in writing on a E xemption F rom I nspection after publication thereof in the F ederal waiver form to be supplied by the inspec­ R egister (5 U.S.C. 1001-1011) in that, Notice is hereby given of the approval tion service; as hereinafter set forth, the time inter­ of an amendment, hereinafter set forth, (2) The Federal-S t a t e Inspection vening between the date when informa­ of the rules and regulations (Subpart— Service advises the handler that it is not tion upon which this section is based Rules and Regulations; 7 CFR 916.102 practicable to provide inspection at the became available and the time when this et seq.) currently in effect pursuant to time and place designated by the han­ section must become effective in order the marketing agreement and Order No. dler. This advice may be verbal but it to effectuate the declared policy of the 916 (7 CFR Part 916), regulating the shall be confirmed in writing by the Fed­ act is insufficient; a reasonable time is handling of nectarines grown in Cali­ eral-State Inspection Service by execu­ permitted, under the circumstances, for fornia, effective under the applicable tion of the waiver form on which the preparation for such effective time; and provisions of the Agricultural Marketing handler submitted his written request. good cause exists for making the pro­ Agreement Act of 1937, as amended (7 A confirmed copy thereof shall be for­ visions hereof effective not later than the U.S.C. 601-674). warded by the inspection service to the date hereinafter specified. A reasonable The amendment, which was recom­ office of the Nectarine Administrative determination as to the supply of, and mended by the Nectarine Administra­ Committee. the demand for, such nectarines must tive Committee, established pursuant to (3) The Federal-State Inspection await the development of the crop there­ the said marketing agreement and order Service furnishes the handler with the of; adequate information thereon was provides a less burdensome inspection number of the waiver which shall cover not available to the Nectarine Adminis­ waiver procedure than that currently in the nectarines on which inspection is re­ trative Committee until the date here­ effect, pursuant to § 916.55 of the mar­ quested; inafter set forth on which an open meet­ keting agreement and order, to expedite (4) When instructed to do so, the han­ ing was held, after giving due notice approval of the handling of nectarines dler plainly and conspicuously marks one thereof, to consider the need for, and without inspection when the Federal- end of each container with the letter “W” the extent of, regulation of shipments of State Inspection Service advises the han­ and the waiver number supplied by the such nectarines; interested persons were dler requesting inspection that it is im- Federal-State Inspection Service. The afforded an opportunity to submit infor­ practical to provide inspection at the letter W and the number shall not be less mation and views at this meeting; the time and place designated by the han­ than one-half inch in height. recommendation and supporting infor­ dler. The amendment also liberalizes (b) Minimum quantities. A handler mation for regulation during the period the provisions of the minimum quantities may handle, exempt from the inspection specified herein were promptly sub­ exemption which allows handling of and certification requirements prescribed mitted to the Department after such small quantities of uninspected necta­ under § 916.55 and the requirements of meeting was held; shipments of the rines without waiver of inspection. As paragraph (a) of this section, nectarines current crop of such nectarines are ex­ amended, the provision will permit a totaling not more than 50 pounds, net pected to begin on or about the effective handler to handle 50 pounds of such weight, in any day to any person or to the date hereof; this section should be ap­ nectarines during any day to an indi­ occupants of one vehicle. plicable to all such shipments in order' vidual or the occupants of one vehicle (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C, to effectuate the declared policy of the without limit as to the total quantity 601-674) act; the provisions of this section are that may be so handled during a day. identical with the aforesaid recommen­ Currently such provisions limit such Dated: May 19, 1966, to become effec­ dation of the committee; information daily total quantity of any handler to tive upon publication in the F ederal concerning such provisions and effective 100 pounds. R egister. time has been disseminated among han­ It is hereby found that it is impracti­ P aul A N icholson, dlers of such nectarines; and compliance cable, unnecessary, and contrary to the Deputy Director, Fruit and Veg­ with the provisions of this section will public interest to give preliminary notice, etable Division, Consumer and not require of handlers any preparation engage in public rule-making procedure, Marketing Service. therefor which cannot be completed by and postpone the effective date of this [F.B. Doc. 66-5680; Filed, May 23, 1966; the effective time hereof. Such com­ amendment until 30 days after publica- 8:52 a.m.] mittee meeting was held on May 18,1966*

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7475

(b) Order. Cl) During the period ing was held, after giving due notice [Nectarine Reg. 4] beginning, at 12:01 a.m., P.s.t., May 25, thereof, to consider the need for, and the PART 916— NECTARINES GROWN IN extent of, regulation of shipments of 1966, and ending at 12:01 a.m., P.s.t., CALIFORNIA November 1, 1966, ho handler shall han­ such nectarines; interested persons were dle any package or container of any afforded an opportunity to submit infor­ Limitation of Shipments variety of nectarines unless such nectar­ mation and views at this meeting; the ines grade at least U.S. No. 1. recommendation and supporting infor­ § 916.326 Nectarine Regulation 4. (2) When used herein, “U.S. No. 1” mation for regulation during the period (a) Findings. (1) Pursuant to the shall have the same meaning as set forth Specified herein were promptly submitted marketing agreement and Order No. 916 in the U.S. Standards for Grades of to the Department after such meeting (7 CFR Part 916) regulating the han­ Nectarines (§§ 51.3145-51.3160 of this was held; shipments of the current crop dling of nectarines grown in the State of title: 31 F.R. 6243), and all other terms of such nectarines are expected to begin California, effective under the appli­ shall have the same meaning as when on or about the effective date hereof ; this cable provisions of the Agricultural Mar­ used in the marketing agreement and section should be applicable to all such keting Agreement Act of 1937, as order. shipments in order to effectuate the de­ amended (7 U.S.C. 601-674), and upon (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. clared policy of the act; the provisions the' basis of the recommendations of the 601-674) of this section are identical with the Nectarine Administrative Committee, aforesaid recommendation of the com­ established under the aforesaid mar­ Dated: May 23,1966. mittee; information concerning such keting agreement and order, and upon P aul A. Nicholson, provisions and effective time has been other available information, it is hereby Deputy Director, Fruit and Veg­ disseminated among handlers of such found that the limitation of shipments etable Division, Consumer and nectarines; and compliance with the of nectarines of the varieties hereinafter Marketing Service. provisions of this section will not require set forth, and in the manner herein pro­ of handlers any preparation therefor vided, will tend to effectuate the declared [F.R. Doc. 66-5786; Filed, May 23, 1966; which cannot be completed by the effec­ policy of the act. 11:40 a.m.] tive time hereof. Such committee meet­ (2) It is hereby further found that it ing was held on May 18,1966. is impracticable, unnecessary, and con­ [Nectarine Reg. 2] (b) Order. (1) During the period be­ trary to the public interest to give pre­ ginning at 12:01 a.m., P.s.t., May 25, liminary notice, engage in public rule- PART 916— NECTARINES GROWN IN 1966, and ending at 12:01 a.m., P.s.t., making procedure, and postpone the CALIFORNIA November 1, 1966, no handler shall han­ effective date of this section until 30 days dle any package or container of Grand after publication thereof in the F ederal Limitation of Shipments River, June Grand, Red June, or June R egister (5 U.S.C. 1001-1011) in that, § 916.325 Nectarine Regulation 2. Belle nectarines unless: as hereinafter set forth, the time Inter­ (1) Such nectarines, when packed in vening between the date when informa­ (a) Findings. (1) Pursuant to the a standard basket, are of a size not tion upon which this section is based be­ marketing agreement and Order No. 916 smaller than a size that will pack a 3 x came available and the time when this (7 CFR Part 916) regulating the han­ 4 x 5 standard pack; section must become effective in order to dling of nectarines grown in the State of (il) Such nectarines, when packed in effectuate the declared policy of the act California, effective under the applicable a No. 26 standard lug box, or in a No. is insufficient; a reasonable time is per­ provisions of the Agricultural Marketing 27 standard lug box, are of a size that mitted, under the circumstances, for Agreement Act of 1937, as amended (7 will pack, in accordance with the re­ preparation for such effective time; U.S.C. 601-674), and upon the basis of quirements of a standard pack, not more and good cause exists for making the recommendations of the Nectarine than 112 nectarines in the respective lug the provisions hereof effective not later Administrative Committee, established box; or than the date hereinafter specified. A under the aforesaid marketing agree­ (iii) Such nectarines, when packed in reasonable determination as to the sup­ ment and order, and upon other available any container other than the containers ply of, and the demand for, such nectar­ information, it is hereby found that the specified in subdivisions (i) and (ii) of ines must await the development of the limitation of shipments of nectarines of this subparagraph, measure not less than crop thereof; adequate information the varieties hereinafter set forth, and one and fourteen-sixteenth (T1^«) inches thereon was not available to the Nectar­ in the manner herein provided, will tend in diameter : Provided, That not to exceed ine Administrative Committee until the to effectuate the declared policy of the 10 percent, by count, of the nectarines date hereinafter set forth on which an act. in any such container may fail to meet open meeting was held, after giving due (2) It is hereby further found that it such diameter requirement. notice thereof, to consider the need for, is impracticable, unnecessary, ahd con­ (2) When used herein, “diameter” and and the extent of, regulation of ship­ trary to the public interest to give pre­ “standard pack” shall have the same ments of such nectarines ; interested per­ liminary notice, engage in public rule- meaning as set forth in the U.S. Stand­ sons were afforded an opportunity to sub­ making procedure, and postpone the ef­ ards for Grades of Nectarines (§§ 51.3145- mit information and views at this fective date of this section until 30 days 51.3160 of this title; 31 F.R. 6243); meeting; the recommendation and sup­ after publication thereof in the F ederal “standard basket” shall mean the stand­ porting information for regulation dur­ Register (5 U.S.C. 1001-1011) in that, ard basket set forth in paragraph 1 of ing the period specified herein were as hereinafter set forth, the time inter­ section 828.1 of the Agricultural Code of promptly submitted to the Department vening between the date when informa­ California; “No. 26 standard lug box” after such meeting was held; shipments ron upon which this section is based and “No. 27 standard lug box,” respec­ of the current crop of such nectarines became available and the time when this tively, shall have the same meaning as are expected to begin on or about the section must become effective in order to set forth in section 828.4 of the Agricul­ effective date hereof; this section should effectuate the declared policy of the act tural Code of California; and all other be applicable to all such shipments in is insufficient; a reasonable time is per­ terms shall have the same meaning as order to effectuate the declared policy mitted, under the circumstances, for when used in the marketing agreement of the act; the provisions of this section Preparation for such effective time; and and order. are identical with the aforesaid recom­ good cause exists for making the provi­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. mendation of the committee; informa­ sions hereof effective not later than the 601-674) tion concerning such provisions and bate hereinafter specified. A reasonable Dated; May 23,1966. effective time has been disseminated determination as to the supply of, and among handlers of such nectarines; and tne demand for, such nectarines must P aul A. Nicholson, compliance with the provisions of this await the development of the crop there- Deputy Director, Fruit and section will not require of handlers any adequate information thereon was Vegetable Division, Consumer preparation therefor which cannot be OL available to the Nectarine Adminis- and Marketing Service,- completed by the effective time hereof. . ative Committee until the date herein- [F.R. Doc. 66-5787; Filed, May 23, 1966; Such committee meeting was held dn ter set forth on which an open meet­ ' 11:40 a.m.] May 18, 1966. FEDERAL REGISTER, VOL. 31, NO.. 100— TUESDAY, MAY 24, 1966 No. 100----- 4 7476 RULES AND REGULATIONS

(b) Order. (1) During the period agreement and order, as amended, and §§917.102, 917.116-917.118, 917.120, beginning at 12:01 ajn., P.s.t., May 25, such amendment is hereby approved. 917.138, 917.150-917.158, 917.215 1966, and ending at 12:01 a.m., P.s.t., The amendment deletes from said {Deleted] November 1, 1966, no handler shall rules and regulations several sections 2. Sections 917.102, 917.116 through handle any package or container of Sun­ rendered obsolete by the amendment of 917.118, 917.120, 917.138, 917.150 through rise or Sunbright nectarines unless: the marketing agreement and order 917.158, and 917.215 are deleted. (1) Such nectarines, when packed in a which became effective December 20, 3. Section 917.110 is revised to read: standard basket ,are of a size not smaller 1965, and revises others to reflect the cur­ than a size that will pack a 4 x 4 stand­ rent address of the Control Committee §917.110 Communications, ard pack; and to conform with the amended pro­ Unless otherwise prescribed in this (ii) Such nectarines, when packed in visions of the marketing agreement and subpart, or in the marketing agreement a No. 26 standard lug box, or in a No. 27 order. The amendment also provides a and order, or required by the Control standard lug box, are of a size that will less cumbersome waiver of inspection Committee or a particular commodity pack, in accordance with the require­ procedure than that currently in effect committee, all reports, applications, sub­ ments of a standard pack, not more than to facilitate approval of the handling of mittals, requests, and communications in 108 nectarines in the respective lug box; uninspected fruit, as provided pursuant connection with the marketing agree­ or to § 917.45, when the Federal-State In­ ment and order shall be addressed as (ill) Such nectarines, when packed in spection Service advises the handler that follows: any container other than the containers it is not practical to provide inspection at Control Committee, California Tree Fruit specified in subdivisions (i) and (ii) of the designated time and place, and pre­ Agreement, 701 Fulton Avenue, Sacra­ this subparagraph, measure not less than scribes a minimum quantities exemption mento, Calif., 95825. two (2) inches in diameter: Provided, for plums. Since intrastate movement of That not to exceed 10 percent, by count, plums is now regulated such exemption § 917.141 [Amended] of the nectarines in any such container is necessary particularly to permit the 4. In § 917.141(a) the words “Bart­ may fail to meet such diameter require­ handling of small quantities free of in­ lett” and “Elberta” are deleted and the ment. spection and waiver of inspection, as section reference therein is changed (2) When used herein, “diameter” and inspection and individual waiver of such from § 917.42(b)to § 917.44(b). “standard pack” shall have the same quantities is impractical. In addition, 5. Section 917.143 is revised to read: meaning as set forth in the U.S. Stand­ the amendment adds a new provision ards for Grades of Nectarines (§§ 51.- which requires that containers not loaded § 917.143 Exemption from inspection. 3145-51.3160 of this title; 31 P.R. 6243); directly into railway cars or exempted (a) Waivers. A handler may handle “standard basket” shall mean the stand­ in accord with the foregoing, shall be lot fruit without inspection and certifica­ ard basket set forth in paragraph 1 of stamped with a Federal-State Inspection tion, as prescribed under § 917.45, if all section 828.1 of the Agricultural Code of Service lot stamp number showing that the following conditions are met: California; “No. 26 standard lug box” the fruit has been inspected as required. (1) The handler requests the Federal- and “No. 27 standard lug box,” respec­ Such provision is a necessary aid to State Inspection Service to provide in­ tively, shall have the same meaning as compliance, and recognizes the increased spection during its regular working hours set forth in section 828.4 of the Agricul­ truck movement of the covered fruits. at least two hours in advance of the time tural Code of California; and all other Finally, the amendment revises the re­ when inspection is needed. The request terms shall have the same meaning as porting requirement for pears in refrig­ need not be in writing but it shall be when used in the marketing agreement erated storage to require a report of all confirmed immediately in writing on a and order. such pears upon request rather than a waiver form supplied by the inspection (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. report of pears in storage in excess of 5 service; 601-674) days as a complete inventory has been (2) The Federal-State Inspection found to be more meaningful for program Dated: May 23, 1966. Service advises the handler that it is not operations. practicable to provide inspection at the P aul A. N icholson, It is hereby further found that it is time and place designated by the handler. Deputy Director, Fruit and Veg­ impracticable, unnecessary, and contrary Such advice may be verbal but it shall be etable Division, Consumer and to the public interest to give preliminary confirmed in writing by the Federal- Marketing Service. notice, engage in public rule-making pro­ State Inspection Service by execution of cedure, and postpone the effective date [F.R. Doc. 66-5788; Filed, May 23, 1966; the waiver form on which the handler 11:40 ajn.] of this regulation until 30 days after pub­ submitted his written request. A con­ lication in the F ederal R egister (60 Stat. firmed copy thereof shall be forwarded 237; 5 U.S.C. 1001 et seq.), and good cause by the inspection service to the office of exists for making the provisions effective the Control Committee; PART 917— FRESH PEARS, PLUMS, at the time hereinafter set forth, in that (3) The Federal-State Inspection AND PEACHES GROWN IN CALI­ the time intervening between the date Service furnishes the handler with the FORNIA when information became available and number of the waiver which shall cover the time such amendment must become the fruit on which inspection is re­ Miscellaneous Amendments effective in order to effectuate the de­ quested; clared purposes of the act is insufficient ; (4) When so instructed, the handler Pursuant to the markering agreement, shipments of plums are expected to begin plainly and conspicuously marks one end as amended, and Order No. 917, as on or about the effective time hereof; to of each container with the letter W and amended (7 CFR Part 917; 30 F.R. be of maximum benefit during the 1966- the waiver number supplied by the Fed­ 15990), regulating the handling of fresh 67 season, it is necessary that the provi­ eral-State Inspection Service. The let­ pears, plums, and peaches grown in Cali­ sions of this amendment apply insofar ter W and the number so marked shall fornia, effective under the applicable as possible to all such shipments; and be not less than one-half inch in height. provisions of the Agricultural Marketing this amendment does not require any (b) Minimum quantities. A handler Agreement Act of 1937, as amended (7 special preparation for compliance there­ may handle, exempt from the inspection U.S.C. 601-674), and upon the basis of with which cannot be completed by such and certification requirements prescribed the recommendations and information effective time. under § 917.45 and the requirements of submitted by the Control Committee, es­ 1. Section 917.100 is revised to read:paragraph (a) of this section, a quantity tablished under the said marketing § 917.100 Order. of plums totaling not more than 50 agreement and order, it is hereby found pounds, net weight, during any day to that the following amendment to the “Order” means Marketing Order No. any person or to the occupants of one c u rre n tly effective rules and regulations 917, as amended (this Part 917), regu­ vehicle. (7 CFR 917.100 et seq.; Subpart—Rules lating the handling of fresh pears, plums, and Regulations) is in accordance with and peaches grown in the State of 6. A new § 917.150 is added reading the provisions of the said marketing California. as follows:

FEDERAL REGISTER, VOL. 31, NO. 100—JUESDAY, MAY 24, 1966 RULES AND REGULATIONS 7477

§917.150 Lot stamping. quent Crops (Revision 1) (31 F.R. 5941) fied in paragraph (a) of this section for and the 1966 and Subsequent Crops Dry the county in which the beans are stored Except when loaded directly into rail­ Edible Bean Supplement (81 F,R. 6904), or to which delivery is guaranteed, rather way cars or exempted under § 917.143, which contain regulations of a general than the county in which the beans were containers of fruit shall be plainly nature with respect to price support op­ produced. Settlement shall be made in stamped, prior to shipment, with a Fed­ erations, are further supplemented for accordance with the provisions of eral-State Inspection Service lot stamp 1966 crop dry edible beans as follows: § 1421.72. number, assigned by such Service, show­ (a) Basic county support rates. The ing that such fruit has been inspected sec. in accordance with § 917.45. 1421.2475 Purpose. basic county support rates per 100 1421 2476 Availability. pounds net weight for beans of all classes § 917.176 [Amended] 1421.2477 Maturity of loans. grading U.S. No. 1 are as follows: 1421.2478 Support rates. 7; In § 917.176 the word “Bartlett” is Rate per deleted wherever it appears, and the Authority : The provisions of this subpart 100 pounds issued under sec. 4, 62 Stat. 1070, as U.S. No. 1 words “for a period in excess of 5 days” amended; 15 U.S.C. 714b. Interpret or apply Class and area in jute bags appearing at the end of paragraph (b) sec. 5, 62 Stat. 1072, secs. 301, 401, 63 Stat. Pinto: (2) of such section are deleted. 1053, 15 U.S.C. 714c, 7 U.S.C. 1421, 1441. Area I—Ail counties in New Mexico § 917.178 [Amended] except McKinley, Rio Arriba, San § 1421.2475 Purpose. Juan, Taos, and Valencia.------L $6. 57 8. In § 917.178 the word “Elberta” is This supplement contains additional Area II—All counties in Kansas, Ne­ deleted wherever it appears. program provisions which together with braska, Oklahoma, and Texas. In the provisions of the General Regula­ Colorado, the counties of Adams, § 917.179 [Amended] tions Governing Price Support for the Arapahoe, Baca, Bent, Boulder, 9. In § 917.179 the words “Bartlett” Cheyenne, Clear Creek, Crowley, 1964 and Subsequent Crops (Revision 1) Denver, Douglas, Elbert, El Paso," and “Elberta” are deleted. and any amendments thereto or revisions Fremont, Gilpin, Huerfano, Jeffer­ (Secs. 1-19. 48 Stat. 31 as amended; 7 U.S.C. thereof, and the 1966 and Subsequent son, Kiowa, Kit Carson, Larimer, 601-674) Crop Dry Edible Bean Supplement and Las Animas, Lincoln, Logan, Mor­ any amendments thereto, apply to loans gan, Otero, Phillips, Prowers, Dated, May 19, 1966, to become effec­ and purchases for 1966 crop dry edible Pueblo, Sedgwick, Teller, Wash­ tive upon publication in the F ederal beans. ington, Weld, and Yuma. In Wyo­ Register. ming, the counties of Goshen, P aul A. N icholson, § 1421.2476 Availability. Laramie, and Platte._ ____ — ._ 6.47 Deputy Director, Fruit and Veg­ A producer desiring a price support Area III—In New Mexico, the etable Division, Consumer and counties of McKinley, and Va­ loan must request a loan on his eligible lencia ______— I—---- i------6.37 Marketing Service. beans on or before March 31, 1967, in Area IV—All counties in Arizona, [F.R, Doc. 66-5681; Filed, May 23, 1966; Michigan and New York, and May 31, California, South Dakota, and 8:52 a.m.] 1967, in all other States. To obtain price Utah. In Wyoming all counties support through a sale to CCC, a pro­ except Goshen, Laramie, and ducer must give the appropriate ASCS Platte. In Colorado, all counties Chapter X— Consumer and Marketing not in Area II. In New Mexico, Service (M arketing Agreements county office notice of his intent to sell the counties of Rio Arriba, San and Orders; Milk), Department of his eligible beans to CCC on or before Juan, and Taos__ _—______6. 27 the loan maturity date specified in Area V—All counties in Washing­ Agriculture § 1421.2477. ton ______5.97 [Milk Order 99] Area VI—All counties in other § 1421.2477 Maturity of Loans. S tates— ^ _— __ — — 6.07 PART 1099— MILK IN PADUCAH, KY., Unless demand is made earlier, loans Great Northern: MARKETING AREA Area I—All counties in Minnesota, on dry edible beans will mature on April Nebraska, and North Dakota. In Order Amending Order; Correction 30,1967, in Michigan and New York, and Colorado, all counties east of 106 June 30, 1967, in all other States. degrees longitude. In Wyoming, The following correction is made in the counties of Goshen, Laramie, F.R. Doc. 66-4758, filed April 29, 1966, §1421.2478 Support rates. and Platte..__ : ----- 7.21 and published on April 30, 1966 (31 F.R. The support rate for beans placed un­ Area II—AH counties in South Da­ 6536): The reference in the proviso of der a loan other than a loan on beans kota. All counties in Wyoming § 1099.80(a) (2) to “§ 1099.85” should except Goshen, Laramie, and stored commingled in an approved ware­ P la tte______7.01 read “§ 1099.83”. house shall be the applicable basic sup­ Area III—All counties in Montana. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. port rate specified in paragraph (a) of In Idaho, the counties of Ada, 601-674) this section for the county in which the Bannock, Bear Lake, Bingham, beans were produced, adjusted as pro­ Boise, Canyon, Caribou, Cassia, El­ Signed at Washington, D.C., on May more, Franklin, Gem, Gooding, 19,1966. vided in paragraph (d) of this section. The support rate for loans on beans Jerome, Lincoln, Minidoka, George L. Mehren, - Oneida, Owyhee, Payette, Power, Assistant Secretary. stored commingled in approved ware­ and Twin Falls. In Oregon, Mal­ house storage and for settlement of all heur County______6. 81 [F.R. Doc. 66-5682; Filed, May 23, 1966; loans and purchases shall be the applica­ Area IV—All counties in other 8:52 a.m.] ble basic support rate specified in para­ States______:___ 6. 71 graph (a) of this section for the county Pea and Medium White: Chapter XIV— Commodity Credit Cor­ in which the beans were produced, ad­ Area I—All counties in Michigan, justed in accordance with the provisions New York, Maine, Minnesota, and poration, Department of Agriculture Wisconsin — ______,r_2__ 6. 65 of this section, and, in the case of settle­ Area II—All counties in other SUBCHAPTER B— LOANS, PURCHASES, AND ments, adjusted for such other discounts States______— 6.15 OTHER OPERATIONS as may be established by OCC as applica­ Small White and Flat Small White____ 7. 52 [C.C.C. Grain Price Support Regs., 1966 Crop ble to the class, grade, and quality of Dark Red Kidney______8.26 Dry Edible Bean Supp.] beans acquired by CCC. Except in the Light Red Kidney..__— _i._- 8. 70 Western Red K idney.^—..______8. 70 PART 1421— GRAINS AND SIMILARLY case of large lima beans, if the beans have been moved by truck to approved Pink.______._.___ 7, 32 HANDLED COMMODITIES storage in a higher support rate county, Small Red: \ Area I—All counties in Idaho and Subpart— 1966 Crop Dry Edible Bean or if the warehouseman guarantees de­ Colorado______’___.__ :___ .¿'i_7. 47 Loan and Purchase Program livery by truck to approved storage or on Area II—All counties in Washing­ track in a higher support rate county, ton ______7. 37 The General Regulations Governing the support rate shall be determined on Area III—AH counties in other Price Support for the 1964 and Subse­ the basis of the basic support rate speci­ States ______>■______._____ 7. 42

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7478 RULES AND REGULATIONS

Rate per processed (i.e., commercially cleaned), 100 pounds U.S. No. 1 the rate shall be reduced by the following Class and area in Jute 'bags amounts (except for beans stored com­ Large Lima: mingled in an approved warehouse): Area I—In California, counties of Dollars per 100 Monterey, Orange, San Luis pounds from U.S. Obispo, Santa Barbara, Ventura, No. 1 rate Los Angeles, and San Diego_____ 10.39 All States except Michigan and New Area II—All other counties in Cali­ fornia ______10.24 York ______&______1. 00 Baby Lima—. . . ______$.59 Michigan, Pea beans only______1.00 Michigan, other classes______.____ _ 1.50 (b) Premium. New York-______2.00 Cents per 100 pounds Effective upon publication in the F ed­ Grade UJS. CHP (Pea beans)______25 eral R egister. - Grade UJS. CHP (all other beans)____ 10 Grade U.S. Extra No. 1______10 Signed at Washington, D.C., on May (c) Discount. 18,1966. Cents per H. D. Godfrey, 100 pounds Grade U.S. No. 2______— ____ 25 Executive Vice President, Paper package__ ,.______T__;______09 Commodity Credit Corporation. (d) Deduction for processing charges. [P.R. Doc. 66-5638; Filed, May 23, 1966; In the case of beans which have not been 8:48 a n .]

FEDERAL REGISTER, VO L 31, NO. 100— TUESDAY, MAY 24, 1966 7479 Proposed Rule Making

3, 1918, as amended (40 Stat. 755; 16 UJS.C. 1003) that the Director of the DEPARTMENT DF THE INTERIOR U4S.C. 704) , it is proposed to amend Part Plant Quarantine Division, Agricultural Fish and Wildlife Service 10, Title 50, Code of Federal Regulations Research Service, .pursuant to section in the following particulars: 106 of the Federal Plant Pest Act of [ 50 CFR Part 10 1 May 23, 1957 (7 UJ5.C. 150ee; 71 Stat. § 10.52 Migratory game bird hunting 33), is considering amending § 330.300a MIGRATORY BIRDS seasons for Puerto Rico and the Vir­ gin Islands. of the Federal Plant Pest Regulations (7 CFR 330.300a), to read as follows: Hunting Subject to the applicable provisions of Notice is hereby given that pursuant the preceding sections of this part, the § 330.300a Administrative instructions to the authority contained in section 3 open seasons (dates inclusive), the shoot­ exempting soil from parts of Canada of the Migratory Bird Treaty Act of July ing hours, and the daily bag and posses­ from certain restrictions. 3, 1918, as amended (40 Stat. 755; 16 sion limits on the species designated in Soil of Canadian origin except soil U.S.C. 704), it is proposed to amend Part this section are prescribed as follows: from British Columbia and Newfound­ 10, Title 50, Code of Federal Regulations. (a) Puerto Rico. land may be moved into or through the Based on the results of .migratory game "United States from Canada free from bird studies now in progress and having Doves (all spe- Pigeons (all spe- the permit requirements of § 330.300 and due consideration for any views or data cies) (singly or cies) (singly or the release requirements of § 330.105 but submitted by interested parties these In the aggregate) in the aggregate) subject to inspection under § 330.105 and amendments will specify open seasons, disposal under § 330.106 if the inspection Daily bag limit.-- 15 1 8 certain closed seasons, shooting hours, Possession limit.— 15 18 discloses any plant pest new to or not and bag and possession limits for the theretofore widely prevalent or distrib­ Open season dates. July 2 to Sept. ( July 2 to Sept. hunting of migratory game birds during 18, 1966. 18, 1966. uted within and throughout the United the 1966-67 season. States. Such soil is also subject to all Amendments specifying open seasons, applicable requirements under Part 319 Shooting hours.. - J One-half hour before sunrise until bag and possession limits, and shooting sunset. of this chapter.1 ■hours for doves, pigeons, rails (except Section 330.300a now provides that soil coot), woodcock, Wilson’s snipe, water- > On Mona Island the daily bag and possession limit on from any part of Canada may move into fowl and coots in Alaska, teal in States of pigeons is 15, singly or in the aggregate of all species.. or through the United States free from the Mississippi and Central Flyways, and (b) Virgin Islands. certain permit and release requirements, certain sea ducks in coastal waters of but subject to inspection and to disposal certain Northeastern States will be pro­ if dangerous plant pests are found there­ Doves (all posed for final adoption not later than snecies) (singly Pigeons * in. Infestations of the golden nematode, August 1, 1966, to become effective on or or in the (red-neck only) which seriously damages potatoes and before September 1, 1966. Amendments aggregate) tomatoes, have been found to exist in the specifying open seasons, bag and posses­ Canadian provinces of British Columbia Daily bag limit__ 10 5 sion limits, and shooting hours for water- Possession limit.— 10 10 .and Newfoundland. Accordingly, it is fowl, coots, cranes, and any other migra­ proposed that § 330.300a be amended to tory game birds not previously adopted Open season dates. July 15 to Sept. July 15 to Sept. exclude British Columbia and Newfound­ will be proposed for final adoption not 1,1966. 1, 1966. land as areas in Canada from which sofl later than September 1, 1966, to become may be moved free from the above-men­ Shooting hours__ One-half horn: before sunrise until effective on or before October 1, 1966/ sunset. tioned restrictions. Were this amend­ It is the policy of the Department of ment adopted, soil for certain designated the Interior, whenever practicable, to 1 Closed season on all species of pigeons except those purposes could still be imported into the afford the public an opportunity to par­ -known locally as red-neck pigeons. United States from British Columbia and ticipate in the rule making process. Ac­ Newfoundland under permit and ade­ cordingly, interested persons may submit Interested persons may submit written comments, suggestions or objections quate safeguards to prevent the dissem­ written comments, suggestions, or ob­ within 30 days from the date of this pub­ ination of plant pests. jections with respect to the proposed lication to the Director, Bureau of Sport All persons who desire to submit writ­ amendments to the Director, Bureau of Fisheries and Wildlife, Interior Building, ten data, views, or arguments in connec­ Sport Fisheries and Wildlife, Washing­ Washington, DC., 20240. tion with this matter should file the same ton, D.C., 20240, within 30 days of the with the Director of the Plant Quaran­ date of publication of this notice in the J ohn S. G ottschalk, tine Division, Agricultural Research Federal R egister. Director, Bureau of Service, U.S. Department of Agriculture, Sport Fisheries and Wildlife. J ohn S. Gottschalk, Hyattsville, Md., 20782, within 30 days Director, Bureau of M ay 18,1966. after the date of publication of this no­ tice in the F ederal R egister. All writ­ Sport Fisheries and Wildlife. [F.R. Doc. 66-5613; Filed, May 23, 1966; 8:46 a.m.] ten submissions made pursuant to this May 19,1966. notice will be made available for public [F.R. Doc. 66-5612; Filed, May 23, 1966; inspection at such times and places and 8:46 a.m.] in a manner convenient to the public DEPARTMENT OF AGRICULTURE business (7 CFR 1.27(b)). I 50 CFR Part 101 Agricultural Research Service Done at Hyattsville, Md., this 19th day of May 1966. 17 CFR Part 3301 MIGRATORY BIRDS [seal] F . A. J ohnston, Hunting Seasons for Puerto Rico and FEDERAL PLANT PEST REGULATIONS Director, Plant Quarantine Division. Virgin Islands Soil From Parts of Canada Exempted iFJt. Doc. 66-5639; Filed, May 23, 1966; 8:48 a.m.] , Notice is hereby given that pursuant From Certain Restrictions nf authority contained in section 3 Notice is hereby given under section 4 1 Sod from Canada is regulated by oi the Migratory Bird Treaty Act of July of the Administrative Procedure Act (5 § 319.37-5 of this chapter.

FEDERAL REGISTER, VOL. 3 Î, NO. 100— TUESDAY, MAY 24, 1966 7480 PROPOSED RULE MAKING

Consumer and Marketing Service (4) Make conforming changes. ent, and (b) it would have been better to Findings and conclusions. The fol­ have had more than the required mini­ 17 CFR Part 906 3 lowing findings and conclusions on the mum number of members present to offer (Docket No. AO-320-A1] material issues are based upon evidence suggestions on the matters being con­ ORANGES AND GRAPEFRUIT GROWN adduced at the hearing and the record sidered. It would be desirable to include IN LOWER RIO GRANDE VALLEY thereof : provisions in the order which would as­ (1) The order should be amended as sure, to the extent practicable, having the IN TEXAS hereinafter set forth to permit each pro­ full 15 votes available for all actions of Notice of Recommended Decision ducer member or producer alternate the committee. This could be accom­ and Opportunity To File Written member who changes his marketing af­ plished by authorizing the committee members present to designate an alter­ Exceptions With Respect to Pro- filiation during his term of office to con­ tinue to serve in such capacity during nate member to serve in a member’s place posed Amendment of Marketing the remainder of such member or alter­ when neither the member nor his alter­ Agreement and Order nate member’s term. Presently, the nate can be present. The record shows Pursuant to the rules of practice and order provides for a committee of nine that the committee should choose an procedure, as amended, governing pro­ producer and six handlèr members; It alternate from the same district as the ceedings to formulate marketing agree­ further provides that two of the producer absent member if it can do so. Also, ments and marketing orders (7 CFR Part members shall market their fruit through independent producer alternate mem­ 900), notice is hereby given of the filing cooperative marketing organizations and bers should serve in the place and stead with the Hearing Clerk of this recom­ seven of the producer members shall be of independent producer members when­ mended decision with respect to the pro­ independent producers. Thus, a pro­ ever it is practical to do so. The para­ posed amendment of the marketing ducer member who changes his market­ mount basis for designation of producer agreement and Order No. 906 (7 CFR ing affiliation during his term of office alternate members to serve on the com­ Part 906), hereinafter referred to collec­ would no longer be eligible to serve on mittee should be to assure a quorum or tively as the “order,” regulating the han­ the committee in his appointed capacity. to assure full committee participation dling of oranges and grapefruit grown in Record evidence shows that in the past on all matters. His marketing affilia­ the Lower Rio Grande Valley in Texas, producer members of the committee of­ tion should receive consideration only to to be effective pursuant to the provisions ten have changed their marketing affilia­ the extent that alternate members with of the Agricultural Marketing Agreement tions during their terms of office. In the same marketing affiliations should Act of 1937, as amended (7 U.S.C. 601- some instances, both the member and his be selected to serve as long as there is 674), hereinafter referred to as the “act.” alternate have changed their marketing a choice. Marketing affiliations should Interested parties may file written ex­ affiliations at about the same time. The not prevent the designation of an alter­ ceptions to this recommended decision resulting ineligibility of such persons to nate member to serve in order to secure with the Hearing Clerk, Ü.S. Department continue to serve on the committee has a quorum or bring the committee to full of Agriculture, Room 112, Administration made it impossible, at times, to maintain strength. It would not be desirable to Building, Washington, D.C., 20250, not the balance between producer and han­ authorize the committee to designate an later than the close of business of the dler representation prescribed in the alternate handler member to serve for 10th day after publication thereof in the order. With a 3-year term of office an absent producer member, nor an F ederal R egister. Exceptions should be there is a considerably greater likelihood alternate producer member to serve filed in quadruplicate. All such commu­ that both the member and alternate for an absent handler member, as such nications will be made available for pub­ member may change their marketing af­ authority might be used to advance the lic inspection at the office of the Hear­ filiations than if the term of office were interest of one group over the other. ing Clerk during regular business hours for only 1 year. Such shifting of mar­ Therefore, the order should be amended, (7 CFR 1.27(b)) . keting affiliations also could cause prob­ as hereinafter set forth, to authorize the Preliminary statement. The public lems with respect to committee opera­ Committee to designate alternate mem­ hearing, on the record of which the pro­ tions by making it more difficult to obtain ber to serve in the place and stead of posed amendment to the order is formu­ a quorum. To prevent, to the greatest absent member. lated, was initiated by the Consumer and extent possible, the possibility of not hav­ (3) The provisions of the order which Marketing Service as a result of propos­ ing a quorum at a committee meeting, authorizes the Texas Valley Citrus Com­ als submitted by the Texas Valley Citrus and handlers from having a greater voice mittee to establish or provide for the Committee, the administrative agency in the affairs of the committee than is establishment of marketing research and established pursuant to the order. In provided in the order, producer mem­ development projects designed to assist, accordance with the applicable rules of bers and producer alternate members improve, or promote the marketing, dis­ practice and procedure, a notice that who change their marketing affiliation tribution, and consumption of fruit such public hearing would be held on should be permitted to serve in the ap­ should be amended as hereinafter set March 3, 1966, in the Hidalgo County pointed capacity for the remainder of the forth to include authority for any form Courthouse, Edinburg, Tex., was pub­ term of office. It is anticipated that the of such projects including paid adver­ lished in the F ederal R egister (31 F.R. change in marketing affiliation will not tising . 2552) on February 9, 1966. affect the predominant producer interest Texas was a major producer of citrus Material issues. The material issues of growers. It is concluded that the or­ fruits prior to 1951, with crops of about presented on the record of the hearing der should be amended to permit pro­ 28 million boxes, when a freeze reduced were concerned with amending the order ducer members and producer alternate production to practically nothing. Pro­ to: members who change marketing affilia­ duction was being, reestablished, and had (1) Permit producer members and al­tions to continue to serve on the com­ reached about 8 million boxes in 1962, ternates who change marketing affilia­ mittee during the remainder of such but another freeze damaged the trees and tions during their term of office to con­ term. curtailed production. During this pe­ tinue to serve during the remainder of (2) When the order was promulgated, riod of short crops, Texas oranges and their terms; the proponents apparently foresaw no grapefruit have been absent from many • (2) Authorize any producer or han­ problem with respect to either the mem­ markets and a new generation has grown dler alternate member as being eligible ber or his alternate being unable to at­ up which is not familiar with the Texas to serve at committee meetings in place tend committee meetings. This has not fruit and its excellent eating quality. of any member of the same classifica­ proven to be the case as there have been The current crops of Texas oranges and tion (producer or handler) when neither meetings of the committee at which grapefruit total about 5 million boxes the member nor his alternate can at­ neither the member nor his alternate and production is expected to increase tend; could be present. During such situa­ rapidly during the next few years. (3) Revise the provisions of the order Texas oranges and grapefruit are mar­ with respect to research and develop­ tions, there have been times when (a) keted in a highly competitive situation. ment projects to authorize paid advertis­ the committee could not conduct any They must compete for consumers with ing of Texas oranges and grapefruit; and business because a quorum was not pres­ citrus fruits produced in Florida and

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 PROPOSED RULE MAKING 7481

California, as well as with synthetic otherwise build a favorable image for signed to assist, improve, or promote the products which have entered the market Texas oranges and grapefruit. It was marketing, distribution, or consumption in volume in recent years with extensive indicated by members of the Board of of fruit. Rather, the inclusion of adver­ national advertising. Directors of TexaSweet Citrus Advertis­ tising could open up areas where re­ Texas citrus fruits are presently ad­ ing, Inc., that the Board would be will­ search would be needed. For example, vertised through TexaSweet Citrus Ad­ ing to enter into an arrangement with the committee may want to institute a vertising, Inc., a nonprofit corporation. the Administrative Committee to carry research project to evaluate the effects of The advertising under this program has out such promotional programs as it may advertising and the order should contain been beneficial. However, it has neces­ adopt and to assure the committee the such authority. As the costs of any sarily been limited in recent years be­ exclusive use of “TEXASWEET” so long effective advertising program for Texas cause of the short crops and restricted as an advertising program is maintained oranges and grapefruit obviously would market area. Also, there are areas of under the order. The committee should exceed 25 percent of the committee’s weakness. The program is a voluntary not be restricted to such course of action, total expenses, this limitation on ex­ one and handlers can participate or not however. It should be free to consult penditures for marketing research and participate as they choose. Assessment with, and utilize, any persons or agencies development projects should be deleted has been levied against participating that are experienced in the marketing of from the order provisions. handlers on the basis of the volume of Texas citrus fruits, or who have special­ (4) The order should be amended as fruit each handled. While participation ized knowledge and experience in pro­ hereinafter set forth to bring the has been high for a voluntary program, motional and advertising programs, so language of § 996.35(b) into conformity there has been sufficient fluctuations that it may conduct its advertising pro­ with the intended use of the reserve from year to year (92 percent in 1964-65 gram in the most advantageous manner funds, should the advertising provisions to 88 percent in 1965-66) to present possible. The committee should, of become a part of the order. As the order serious operational problems. Also, the course, supervise the performance of any is presently written, there are only four threat of handlers withdrawing their person or agency it may so utilize to as­ authorized uses for which reserve funds support in order to influence the corpo­ sure that the work performed is in ac­ may be expended. As previously stated, ration’s activities has limited the effec­ cord with the plan of the committee. the conduct of an effective advertising tiveness of the program. Hence, an ex­ Under the present advertising program program requires planning well in ad­ panded and more effective advertising of TexaSweet Citrus Advertising, Inc., vance of launching the program. In program is needed so that the industry the use of “TEXASWEET” has been lim­ reconciling some of these necessary ex­ may strengthen the competitive position ited to certain qualities of citrus fruits. penses, it appears that it may not be of Texas oranges and grapefruit, expand This is in conformity with good advertis­ readily ascertained into which, if any, markets, and enhance returns to ing and merchandising practices. De­ of the listed categories an item of adver­ growers. mand and repeat sales can be built only tising expense would fall. Thus, some The authority under the order for the if the product identifiable with the adver­ question may arise as to whether such establishment of promotional programs tising is of sufficiently good quality to funds from the reserve could be used to for Texas oranges and grapefruit should provide consumer satisfaction. Conse­ defray such expense. To not use reserve be broad and flexible. Campaigns to fa­ quently, so that funds used under the fluids might necessitate a different sys­ cilitate the reentry of Texas citrus fruits order for promoting Texas oranges and tem of accounting or a separate account­ into markets where such fruits formerly grapefruit may be expended in the .most ing for reserve funds. Record evidence were sold in volume would necessarily in­ effective manner, authority should be supports one budget, one reserve, and volve techniques designed to obtain such provided in the order for the committee one accounting. Therefore, the order objective. Stimulation of demand and to recommend, and the Secretary to es­ should be amended, as hereinafter set expansion of sales in areas where such tablish, controls on the use by handlers of forth, to authorize the use of reserve fruits are already being used in volume, any identifying mark that may be adopt­ funds for any expenses authorized pur­ and where the objective would be to ob­ ed, including “TEXASWEET” should suant to the order and for expenses of tain a quick response, may need to em­ arrangements be made to use it. Such liquidation in case of termination of the ploy different techniques. Thus the identifying mark should be available for order. committee should have the authority to use by all handlers but, as indicated, only Rulings on proposed findings and con­ decide, subject to the approval of the in conformance with such terms and con­ clusions. March 10, 1966, was set by Secretary, the particular types of adver­ ditions as the committee, with the ap­ the presiding officer at the hearing as the tising and publicity projects that should proval of the Secretary, may prescribe. latest date by which briefs would have to be employed, singly or in combination, The funds to cover the costs of any be filed by interested parties with respect to attain its objectives. Such projects promotional program, including adver­ to facts presented in evidence at the should include such promotional tech­ tising, should be obtained by levying as­ hearing and the conclusions which niques as publicity, education, merchan­ sessments on shipments of oranges and should be drawn therefrom. Within the dising, dealer service work, and news­ grapefruit in the same manner that such prescribed time, a brief was filed jointly paper, radio, television, and magazine are levied to finance the administrative by Frank Gross, Manager, Texas Valley advertising as may be necessary con­ and other expenses of the committee. Citrus Committee, Jay Bogue, Manager, sidering the circumstances existing dur­ Likewise, the anticipated expenses of ad­ Texas Citrus Mutual, Sid L. Hardin, At­ ing the particular season or anticipated vertising and promotion should be in­ torney, TexaSweet Citrus Advertising, in future seasons. cluded in the budget of expenses sub­ Inc., and Sid L. Hardin, Attorney, It was testified at the hearing that it mitted to the Secretary for his approval. TexaSweet Citrus, Inc. Each point in may be desirable to utilize the personnel Such expenses should include costs which the brief was carefully considered, along of TexaSweet Citrus Advertising, Inc., may be incurred in the planning and de­ with the evidence in the record, in mak­ and its identifying mark “TEXA­ velopment of the promotional program, ing the findings and reaching the con­ SWEET,” in the promotional projects including the costs of any consulting clusions herein set forth. To the extent established under the order, if it is pos­ services necessary. While the program that any suggested findings or conclu­ sible to do so. Such personnel are ex­ should be submitted to the Secretary for sions contained in the brief is incon­ perienced in the field of advertising and his approval in the form of a project, it sistent with the findings and conclusions with Texas citru s fruits. “TEXA­ is recognized that considerable study and contained herein, they are denied on the SWEET” has been extensively used to planning are involved in the development basis of the facts found and stated in advertise Texas citrus fruits. One of the of such a project, hence the incurring of connection with this decision. Problems in product advertising is identi­ expenses in connection with such devel­ General findings. (1) The marketing fication of the product with the adver­ opment should be authorized on the basis agreement and order as hereby proposed tising^ material presented. It would be of budgetary approval prior to the time to be amended, and all the terms and a distinct advantage if the order adver­ such project is submitted. conditions thereof, will tend to effectuate tising could utilize a well-known and The inclusion of authority to engage the declared policy of the act; established mark rather than having to In advertising should not lessen the need (2) The marketing agreement and start with a new identifying mark or to Tor other forms of research projects de- order as hereby proposed to be amended

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7482 PROPOSED RULE MAKING regulate the handling of oranges and ready in the reserve do not equal ap­ the Hearing Clerk, U.S. Department of grapefruit grown in the production area proximately 1 fiscal period’s expenses. Agriculture, Room 112, Administration in the same manner as, and are applir Such reserve funds may be used for any Building, Washington, D.C., 20250, not cable only to persons in the respective expenses authorized pursuant to § 906.32 later than the 10th day after the publi­ classes of commercial or industrial ac­ and for necessary expenses of liquidation cation of this notice in the F ederal tivity specified in, the marketing agree­ in the event of termination of this part. R egister. All written submissions made ment and order upon which a hearing Upon such termination, any funds not pursuant to this notice will be _ made has been held; required to defray the necessary expenses available for public inspection at the (3) The marketing agreement and of liquidation shall be disposed of in office of the Hearing Clerk during regular order, as hereby proposed to be amended, such manner as the Secretary may de­ business hours (7 CFR 1.27(b)). are limited in application to the smallest termine to be appropriate. To the extent regional production area which is prac­ practical, such funds shall be returned Dated: May 19, 1966. ticable consistently with carrying out pro rata to the persons from whom such P aul A. N icholson, the declared policy of the act, and the funds were collected. Deputy Director, Fruit and Veg­ issuance of several orders applicable to ♦ * * * * etable Division, Consumer and subdivisions of the production area would 4. The provisions of § 906.37 are Marketing Service. not effectively carry out the declared amended to read as follows: policy of the act ; [F.R. Doc. 66-5683; Filed,, May 23, 1966; (4) There are no differences in the § 906.37 Research and development. 8:52 a.in] production and marketing of oranges The committee, with the approval of and grapefruit grown in the production the Secretary, may establish or provide [ 7 CFR Part 916 ] area which make necessary different for the establishment of marketing re­ terms applicable to different parts of search and development projects, in­ NECTARINES GROWN IN such area; and cluding paid advertising; designed to CALIFORNIA (5) All handling of oranges and grape­ assist, improve, or promote the mar­ fruit grown in the production area, as keting, distribution, and consumption of Approval of Expenses and Fixing of defined in the marketing agreement and fruit. Any such project for the promo­ order, as hereby proposed to be amended, Rate of Assessment for 1966—67 tion and advertising of fruit may utilize Fiscal Period and Carryover of Un­ is in the current of interstate or foreign an identifying mark which shall be made commerce or directly burdens, obstructs, available for use by all handlers in ac­ expended Funds or affects such commerce. cordance with such terms and conditions Consideration is being given to the fol­ Recommended amendment of the as the committee, with the approval of marketing agreement and order. The lowing proposals submitted by the Nec­ the Secretary, may prescribe. The ex­ tarine Administrative Committee, estab­ following amendment of the marketing penses of such projects shall be paid agreement and order is recommended as lished under the marketing agreement from funds collected pursuant to and Order No. 916 (7 CFR Part 916), the detailed means by which the afore­ § 906.34. said conclusions may be carried out: regulating the handling of nectarines Dated: May 18,1966. grown in California, effective under the § 906.19 [Amended] applicable provisions of the Agricultural 1. Paragraph '(b) of § 906.19 is S. R. S mith, Marketing Agreement Act of 1937, as amended by adding a sentence at the end Administrator. amended (7 U.S.C. 601-674), as the thereof as follows: “Should a producer [F. R. Doc. 66-5640; Filed, May 23, 1966; agency to administer the terms and pro­ member or alternate member change his 8:48 a.m.] visions thereof: (1) That expenses that marketing affiliation during his term of are reasonable and likely to be incurred office, he may continue to serve in such by the Nectarine Administrative Com­ capacity during the remainder of such 17 CFR Part 911 ] mittee, during the period from March 1, term.” 1966, through February 28, 1967, will LIMES GROWN IN FLORIDA amount to $183,581; (2) that the rate of 2. The provisions of § 906.27 are assessment for such period, payablé by amended to read as follows: Approval of Expenses and Fixing of each handler in accordance with § 916,41 Rate of Assessment for 1966-67 be fixed at $0.03 per standard lug box, or § 906.27 Alternate members. equivalent quantity of nectarines in other An alternate member of the commit­ Fiscal Year Containers or in bulk; and (3) that un­ tee shall act in the place and stead of Consideration is being given to the expended assessment funds in excess of the member for whom he is an alternate, following proposals submitted by the expenses incurred during the fiscal period during such member’s absence or when Florida Lime Administrative Committee, ending February 28,1967, be c a rrie d over designated to do so by the member for established under the marketing agree­ as a reserve in accordance with § 916.42 whom he is an alternate. In the event ment, as amended, and Order No. 911, of the said marketing agreement and both a member and his alternate are un­ as amended (7 CFR Part 911), regulating order. . able to attend a committee meeting, the the handling of limes grown in Florida, Terms used in the marketing agree­ committee members present may desig­ effective under the applicable provisions ment and order shall, when used herein, nate another alternate of the same of the Agricultural Marketing Agree­ have the same meaning as is given to the classification (handler or producer, and ment Act of 1937, as amended (7 U.S.C. respective term in said marketing agree­ to the exent practical, independent, or 601-674), as the agency to administer ment and order, and “standard lug box” co-op) to serve in such member’s place the terms and provisions thereof : (1) shall mean the No. 26 standard lug box and stead. In the event of the death, That expenses that are reasonable and set forth in section 828.4 of the Agri­ removal, resignation, or disqualification likely to be incurred by the Florida Lime cultural Code of California. of a member, his altérnate shall act for Administrative Committee, during the AH persons who desire to submit him until a successor of such member is period from April 1, 1966, through written data, views, or arguments in con­ selected and has qualified. March 31, 1967, will amount to $9,676; nection with the aforesaid proposals 3. Paragraph (a) (2) of § 906.35 is and (2) that there be fixed, at $0.025 should file the same, in quadruplicate, amended to read as follows: per bushel of limes, the rate of assess­ with the Hearing Clerk, U.S. Department ment payable by each handler in ac­ of Agriculture, Room 112, Administra­ § 906.35 Accounting. cordance with § 911.41 of the aforesaid tion Building, Washington, D.C., 20250, . (a) * * * . lyi; marketing agreement and order. not later than thé loth day after the (2) The committee, with the approval All persons who desire to submit publication of this notice in the F ederal of the Secretary may carry over such written data, views, or arguments in R egister. All written submissions made excess into subsequent fiscal periods as connection with the aforesaid proposals pursuant to this notice will be made a reserve: Provided, That funds al­ shall file the same, in quadruplicate, with available for public inspection at the

FEDERAL REGISTER, VOL. 31, NO, 100— TUESDAY, MAY 24, 1966 PROPOSED RULE MAKING 7483 office of the Hearing Clerk during regu­ Ohio, 43624, or from the Hearing Clerk, (Pratt & Whitney Aircraft Turbojet Engine lar business hours (7 CFR 1.27(b)). Room 112-A, Administration Building, Service Bulletin No. 689, Revision No. 3, U.S. Department of Agriculture, Wash­ dated November 16, 1964, pertains to this Dated: May 19,1966. ington, D.C., 20250 or may be there in­ subject. P aul A. N icholson, spected. Issued in Washington, D.C., on May Deputy Director, Fruit and Veg­ Signed at Washington, D.C., on May 18, 1966. etable Division, Consumer and 18,1966. J ames F. R udolph, Marketing Service. Acting Director, R oy W. Lennartson, [F.R. Doc. 66-5684; Filed, May 23, 1966; Associate Administrator. Flight Standards Service. 8:52 a.m.] [F.R. Doc. 66-5641; Filed, May 23, 1966; [F.R. Doc. 66-5605; Filed, May 23, 1966; 8:48 a.m.] 8:45 a.m.] [ 7 CFR Part 1041 1 [Docket No. AO-72-A28] MILK IN NORTHWESTERN OHIO FEDERAL AVIATION AGENCY FEDERAL HOME LOAN BANK BOARD MARKETING AREA [ 14 CFR Part 39 ] [ 12 CFR Part 523 1 Notice of Hearing on Proposed [Docket No. 7384] [No. 19,906] Amendments to Tentative Market­ AIRWORTHINESS DIRECTIVES FEDERAL HOME LOAN BANK ing Agreement and Order SYSTEM Pratt & Whitney Model JT3C-7 and Pursuant to the provisions of the Agri­ Holdings of U.S. Cash and Obliga­ cultural Marketing Agreement Act of JT3C—12 Turbojet Engines 1937, as amended (7 U.S.C. 601 et seq.), The Federal Aviation Agency is con­ tions by Members; Withdrawal of and the applicable rules of practice and sidering amending Part 39 of the Federal Proposed Rule procedure governing the formulation of Aviation Regulations by adding an air­ May 18, 1966. marketing agreements and marketing worthiness directive applicable to Pratt Whereas, by Resolution No. 19,391, orders (TCFR Part 900) , notice is here­ & Whitney Model JT3C—7 and JT3C-12 dated September 8, 1965, and duly pub­ by given of a public hearing to be held turbojet engines. There have been in­ lished in the F ederal R egister on Sep­ at the Holiday Inn, Route 120 at Ohio stances of axial cracking in the first, tember 18, 1965 (30 F.R. 11973), this Turnpike Exit 5, Stony Ridge, Ohio, be­ fifth, and sixth stage compressor rotor Board resolved, pursuant to Part 508 of ginning at 9:30 a.m. l.t., on June 1,1966, spacer assemblies. Moreover, engine the general regulations of the Federal with respect to proposed amendments to testing has indicated a significant reduc­ Home Loan Bank Board (12 CFR Part the tentative marketing agreement and tion in the stress levels of new com­ 508) to propose that § 523.12 of the Regu­ to the order, regulating the handling of pressor rotor spacer assemblies developed lations for the Federal Home Loan Bank milk in the Northwestern Ohio market­ by the manufacturer. Therefore, it is System be amended by an amendment ing area. proposed to require that old design com­ the substance of which was set out in The public hearing is for the purpose pressor rotor spacer assemblies be re­ said publication, and of receiving evidence with respect to the placed with these new assemblies. Whereas, careful consideration has economic and emergency marketing con­ Interested persons are invited to par­ been given to such proposed amendment; ditions which relate to the proposed ticipate in the making of the proposed It is hereby resolved, that this Board amendments, hereinafter set forth, and rule by submitting such written data, hereby determines not to adopt the any appropriate modifications thereof, to views, or arguments as they may desire. amendment proposed by said Resolution the tentative marketing agreement and Communications should identify the No. 19,391. to the order. The proposed amendments docket number and be submitted in du­ (Sec. 17, 47 Stat. 736, as amended; 12 U.S.C. relate to the current Class I price provi­ plicate to the Federal Aviation Agency, 1437. Reorg. Plan No. 3 of 1947, 12 F.R. sions of the order which expire on June Office of the General Counsel, Attention: 4981, 3 CFR 1947 Supp.) 30,1966. Rules Docket, 800 Independence Avenue Proposals to amend various other pro­ SW., Washington, D.C., 20553., All com­ By the Federal Home Loan Bank visions of the order have been received, munications received on or before June Board. and an invitation has been extended to 23, 1966, will be considered by the [seal! H arry W. Caulsen, interested parties to submit additional Administrator before taking action upon Secretary. proposals. All such additional proposals the proposed rule. The proposals con­ received on or before May 27, 1966, will tained in this notice may be changed in [F.R. Doc. 66-5650; Filed, May 23, 1966; be considered at a later hearing to be the light of comments received. All com­ 8:49 a.m.] announced. However, since the Class I ments will be available, both before and price provision expires June 30, 1966, it after the closing date for comments, in is necessary to give earlier considera­ the Rules Docket for examination by [1 2 CFR Part 525 1 tion to the proposals listed below. interested persons. [No. 19,907] The proposed amendments, set forth This amendment is proposed under below, have not received the approval the authority of sections 313(a), 601, FEDERAL HOME LOAN BANK of the Secretary of Agriculture. and 603 of the Federal Aviation Act of SYSTEM Proposed by Northwestern Coopera­ 1958 (49 U.S.C. 1354(a), 1421, and 1423). Limitations on Advances; With­ tive Sales Association, Inc. : In consideration of the foregoing, it is Proposal No. 1. Review the Class I proposed to amend § 39.13 of Part 39 of drawal of Proposed Rule pnces in § 1041.51 to set the appropriate the Federal Aviation Regulations by May 18,1966. level after June 30, 1966. adding the following new airworthiness Whereas, by Resolution No. 19,392, Proposed by the Dairy Division, Con­ directive: dated September 8, 1965, and duly pub­ sumer and Marketing Service; P ratt & Wh itn ey . Applies to Model JT3C- lished in the F ederal R egister on Sep­ Proposal No. 2. Make such changes as 7 and JT3C—12 turbojet engines. tember 18, 1965 (30 F.R. 11973), this may be necessary to make the entire Within the next 6,000 hours’ time In serv­ Board resolved, pursuant to Part 508 of marketing agreement and the order con­ ice after the effective date of this AD or at the general regulations of the Federal form with any amendments thereto that the next compressor disassembly, whichever occurs first, unless already accomplished, Home Loan Bank Board (12 CFR Part may result from this hearing. 508) to propose that § 525.1 of the Reg­ Copies of this notice of hearing and the replace the first, fifth and sixth stage com­ pressor rotor disc spacer assemblies, P/N*s ulations for the Federal Home Loan Bank may be obtained from the Market 359410, 359414, and 359415, with spacer as­ System be amended by an amendment Aoministrator, Fred W. Issler, 312 Davis semblies, P/N’s 460559, 460604, and 460606. the substance of which was set out in ■Building, 151 Michigan Street, Toledo, respectively. said publication, and

No. 100-----5 FEDERAL REGISTER, VOL. 31, NO. 100—TUESDAY, MAY 24, 1966 7484 PROPOSED RULE MAKING Whereas, careful consideration has the substance of which was set out in said been given to such proposed amendment; publication, and It is hereby resolved, that this Board Whereas, careful consideration has hereby determines not to adopt the been given to such proposed amendment; amendment proposed by said Resolution It is hereby resolved, that this Board No. 19,392. hereby determines not to adopt the (Sec. 17, 47 Stat. 736, as amended; 12 U.S.C. amendment proposed by said Resolution 1437. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, No. FSLIC-2,184. 3 CFR. 1947 Supp.) (Secs. 402, 403, 48 Stat. 1256, 1257, as By the Federal Home Loan Bank amended; 12 U.S.C. 1725, 1726. Reorg. Plan Board. No. 3 of 1947, 12 F.R. 4981, 3 CFR 1947 Supp.) By the Federal Home Loan Bank [seal] H arry W, Caulsen, Board. — Secretary. [seal] H arry W. Caulsen, •[F.R. Doc. 66-5651; Filed, May 23, 1966; Secretary. 8:49 a.m.] [F.R. Doc. 66-5652; Filed, May 23, 1966; 8:49 a.m.] [12 CFR Part 563 ] [No. FSLIC—2,571] SECURITIES AND EXCHANGE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION COMMISSION Loans to One Borrower; With­ [1 7 CFR Part 240 1 drawal of Proposed Rule [Release No. 34-7889] May 18, 1966. FEES FOR BROKERS AND DEALERS Whereas, by Resolution No. FSLIC- NOT MEMBERS OF NATIONAL SE­ 2,184, dated June 29,1965, and duly pub­ CURITIES ASSOCIATION lished in the Federal Register on July 3, 1965 (30 F.R. 8543), this Board resolved, Revised Notice of Proposed Rule pursuant to Part 508 of the general reg­ Making ulations of the Federal Home Loan Bank Correction Board (12 CFR Part 508) and § 567.1 of the Rules and Regulations for Insurance In F.R. 66-5455 appearing in the issue of Accounts (12 CFR 567.1), to propose for Thursday, May 19, 1966, at page 7289 that § 563.9-3 of the Rules and Regula­ the section number for the proposed sec­ tions for Insurance of Accounts (12 CFR tion to Part 240 should read “§ 240.- 563.9-3) be amended by an amendment 15b8-2” instead of “§ 240.15b-2”.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7485 Notices

transactions prohibited by the regula­ manufactured by J. C. Hallman Manu­ DEPARTMENT OF THE TREASURY tions is delegated to the Federal Reserve facturing Co., Ltd., Kitchener (formerly Bank of New York, subject to policies and Waterloo), Ontario, Canada, are being, Office of Foreign Assets Control procedures prescribed by the Office of or are likely to be, sold at less than fair Foreign Assets Control. value within the meaning of section 201 STATEMENT OF ORGANIZATION The public may in general secure any (a) of the Antidumping Act, 1921, as Miscellaneous Amendments information or make submittals, re­ amended (19 U.S.C. 160(a)). quests or petitions with respect to any This determination is published pursu- ; The Statement of Organization for the Office of Foreign Assets Control matters ant to section 201(c) of the Antidump­ Office of Foreign Assets Control filed on by communicating through correspond­ ing Act, 1921, as amended (19 U.S.C. March 16, 1964, pursuant to the Ad­ ence or telephone or by coming in person 160(c)). ministrative Procedure Act is being or sending a representative, either to the amended to reflect the transfer to it [seal] T rue D avis, central office in Washington or to the Assistant Secretary of the Treasury. from the Office of Alien Property, De­ Federal Reserve Bank of New York. partment of Justice, of jurisdiction with Correspondence with the central of­ [F.R. Doc. 66-5649; Filed, May 23, 1966; respect to property remaining frozen fice should be directed to “Foreign As­ 8:49 a.m.] under World War II blocking controls sets Control, U.S. Treasury Department, and with respect to certain scheduled Washington, D.C., 20220.” Personal in­ securities. As amended the Statement quiries to the central office should be reads: made to the Main Treasury Building, DEPARTMENT OF THE INTERIOR S tatement of Organization Washington, D.C., 20220. All corre­ Office of the Secretary spondence or inquiries to the Federal Re­ OFFICE OF FOREIGN ASSETS CONTROL serve Bank of New York should be ad­ WILLIAM ANGUS DAVIS The Office of Foreign Assets Control Is dressed as follows: Foreign Assets Con­ Statement of Changes in Financial established under Treasury Department trol Division, Federal Reserve Bank of Interests Order No. 128 of December 14, 1950, as New York, 33 Liberty Street, New York, amended on October 15, 1962. The Of­ N.Y., 10045. In accordance with the requirements of section 710(b) (6) of the Defense Pro­ fice of Foreign Assets Control is headed [seal] Margaret W. S chwartz, by a Director who reports to the Assist­ duction Act of 1950, as amended, and Director, Executive Order 10647 of November 28, ant Secretary for International Affairs Office of Foreign Assets Control. through the Assistant to the Secretary 1955, the following changes have taken (National Security Affairs). [P.R. Doc. 66-5648; Filed, May 23, 1966; place in my financial interests during The Office administers controls over 8:49 a.m.] the past 6 months: the assets in the United States of, and (1 ) No change. financial transactions by, China (except (2) No change. Formosa), North Korea, North Viet­ Office of the Secretary (3) No change. (4) No change. nam, Cuba, and their nationals for the [Antidumping—AC 643.3-b] purpose of preventing transactions This statement is made as of May 6, which would be inimical to the interests STEEL JACKS FROM CANADA 1966. of the United States. Controls are also administered over the assets remaining Determination of Sales at Less Dated: May 6,1966. blocked under World War II controls of Than Fair Value W illiam Angus D avis. Czechoslovakia, Hungary, East Ger­ M ay 17, 1966. [F.R. Doc. 66-5620; Filed, May 23, 1966; many, Estonia, Latvia, Lithuania, and 8:46 a.m.J their nationals, and also with respect to On January 5, 1966, there was pub­ certain scheduled securities. The con­ lished in the F ederal R egister a “Notice trols are administered through a system of Tentative Determination” that steel of licenses, rulings and other documents jacks imported from Canada, manufac­ FRANKLIN STUART FEHR (see 31 CFR Chapter V) pursuant to tured by J. C. Hallman Manufacturing powers of the President under section Co., Ltd., Waterloo, Ontario, Canada, are Statement of Changes in Financial 5(b) of the Trading With the Enemy being, or are likely to be, sold at less than Interests Act, as amended, and any proclamations, fair value within the meaning of section orders, regulations or rulings that have 201(a) of the Antidumping Act, 1921, as In accordance with the requirements been or may be issued thereunder. The amended (19 U.S.C. 160(a)). of section 710(b) (6) of the Defense Pro­ Office of Foreign Assets Control is repre­ The merchandise under consideration duction Act of 1950, as amended, and sented in the field by the Federal Re­ consists of heavy-duty steel jacks, from Executive Order 10647 of November 28, serve Bank of New York. 36 inches to 64 inches high. They are 1955, the following changes have taken The Director of the Office of Foreign hand-operated mechanisms for lifting place in my financial interests during the Assets Control has been delegated by the cars, trucks, tractors, etc. past 6 months: Secretary of the Treasury power to exer­ The statement of reasons for the tenta­ (1) No change. cise and perform all authority, duties and tive determination was published in the (2) No change. functions which the Secretary is author­ above-mentioned notice, and interested (3) No change. ized or required to exercise or perform parties were afforded until February 4, (4) No change. under sections 3 and 5(b) of the Trading 1966, to make written submissions or re­ This statement is made as of May 5, With the Enemy Act, as amended, and quests for an opportunity to present views 1966. any proclamations, orders, regulations, in connection with the tentative deter­ or rulings that have been or may be is­ mination. Dated: May 5, 1966. sued thereunder. After consideration of all comments Authority to take final licensing action received, I hereby determine that for the F. S tuart F ehr. on certain applications for specific li­ reasons stated in the tentative determi­ [F.R. Doc. 66-5621; Filed, May 23, 1966; censes authorizing certain types of nation steel jacks imported from Canada, 8:46 am..]

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7486 NOTICES MARVIN FRANCIS PERSONS SETH N. WITTS FEDERAL COMMUNICATIONS Statement of Changes in Financial Statement of Changes in Financial Interests Interests COMMISSION In accordance with the requirements In accordance with the requirements [Docket No. 16648; FCC 66-439] of section 710(b) (6) of the Defense Pro­ of section 710(b) (6) of the Defense Pro­ ALLEGED VIOLATIONS duction Act of 1950, as amended, and duction Act of 1950, as amended, and Executive Order 10647 of November 28, Executive Order 10647 of November 28, Supplemental Order Regarding 1955, the following changes have taken 1955, the following changes have taken Inquiry place in my financial interests during the place in my financial interests during the past 6 months: past 6 months: At a session of the Federal Communi­ cations Commission held at its offices in (1) No change. (1) No change. (2) No change. (2) (a) Deletions: None. Washington, D.C., on the 18th day of (3) No change. (b) Additions: Chemetron Corp.; Deluxe May 1966; (4) No change. Check Printers; Harley Davidson Motor Co.; By its order dated November 25, 1964 North American Van Lines. (FCC 64-1101, 29 FR. 16220), the Com­ This statement is made as of May 4, (3) No change. mission instituted an inquiry to deter­ 1966. (4) No change. mine whether broadcast licensees, their Dated: May 4, 1966. This statement is made as of May employees or others have violated or are 16, 1966. violating sections 317 and 508 of the Com­ Marvin F. P ersons. munications Act of 1934, as amended, [F.R. Doc. 66-5622; Filed, May 23, 1966; Dated: May 16, 1966. and the rules thereunder, and to deter­ 8:46 a.m,] S eth N. W itts. mine the policies and practices of broad­ cast licensees, their employees and others [F.R. Doc. 66-5625; Filed, May 23, 1966; WILLIAM C. PORTER, JR. with respect to “payola,” “plugola,” and 8:47 a m j other hidden radio and television adver­ Statement of Changes in Financial tising practices. Interests 1. Now, therefore, it is ordered, Pursu­ ant to section 5(d) (1) of the Communi­ In accordance with the requirements CIVIL AERONAUTICS BOARD cations Act, that for the purposes of of section 710(b) (6) of the Defense Pro­ [Docket No. 17037] this inquiry the Chief Hearing Examiner duction Act of 1950, as amended, and of the Commission (or a Hearing Ex­ Executive Order 10647 of November 28, AIR EXPRESS CHARGE aminer designated by him) is hereby 1955, the following changes have taken INVESTIGATION designated to preside at portions of our place in my financial interests during the inquiry to be held in such places as are past 6 months: Notice of Prehearing Conference deemed necessary for the further conduct (1) No change. of the inquiry, and is authorized and (2) Montana Power Co.; Black Hills Power Notice is hereby given that a prehear­ empowered where necessary to admin­ & Light Co.; Public Service Co. of Colorado; ing conference in the above-entitled pro­ ister oaths and affirmations, subpoena Pacific Power & lig h t Co, ceeding is assigned to be held on June 3, witnesses, compel their attendance, take (3) No change. 1966, at 10 a.m., e.d.s.t., in Room 1027, evidence, require by subpoena the pro­ (4) No change. Universal Building, Connecticut and Florida Avenues NW., Washington, D.C., ductions of books, papers, correspond­ This statement is made as of May 5, before Examiner Milton H. Shapiro. ence, memoranda, and other records 1966. deemed relevant to the inquiry, and to Dated: May 5, 1966. Dated at Washington, D.C., May 18, perform other duties in connection there­ 1966. with as authorized by law. He is specif­ W. C. P orter, Jr. ically authorized to require witnesses to [FR. Doc. 66-5623; Filed, May 23, 1966; [seal] " F rancis W. B rown, testify and produce evidence under au­ 8:47 am.] Chief Examiner. thority of, and in the manner provided [FJR. Doc. 66-5654; Filed, May 23, 1966; for in, section 409(1) of the Communi­ 8:49 am.] cations Act, when requested to do so by GEORGE LESTER WILKINS Commission counsel. 2. It is further ordered, That the sub­ Statement of Changes in Financial [Docket 16764 etc.] poena powers delegated to the Chief Interests Hearing Examiner by this order shall be PANAGRA ACQUISITION CASE exercised in accordance with §§ 1.331- In accordance with the requirements 1.340 of the Commission’s rules and regu­ of section 710(b) (6) of the Defense Pro­ Notice of Hearing lations. Motions to quash or limit the duction Act of 1950, as amended, and Notice is hereby given, pursuant to pro­ subpoena should be directed to the Chief Executive Order 10647 of November 28, Hearing Examiner (or a Hearing Exam­ 1955, the following changes have taken visions of the Federal Aviation Act of 1958, as amended, that hearing in the iner designated by him) in accordance place in my financial interests during the with § 1.334 of the rules and regulations. past 6 months: above-entitled proceeding is assigned to be held on June 6,1966, at 10 a.m., e.d.s.t., As specified in the original Order of In­ (1) No change. in Room 726, Universal Building, Con­ quiry, applications for review of the Chief (2) No change. necticut and Florida Avenues NW., Hearing Examiner’s rulings on such mo­ (3) No change. tions may be filed with the Commission (4) No change. Washington, D.C., before the undersigned Examiner. within ten (10) days after the issuance This statement is made as of May 9, by the Chief Hearing Examiner of such 1966. Dated at Washington, D.C., May 17, rulings. 1966. 3. It is further ordered, That the pro­ Dated: May 9, 1966. visions of § 1.27 of the Commission’s rules [seal] T homas L. Wrenn, and regulations shall apply and govern G eo. L. W ilkins. Associate Chief Examiner. with respect to the production by wit­ [F.R. Doc. 66-5624; Filed, May 23, 1966; [FJR. Doc. 66-5655; Filed, May 23, 1966; nesses of oral and documentary evidence 8:47 am .] 8:49 a.m.] under subpoena issued hereunder.

FEDERAL REGISTER, VOL. 31. NO. 100— TUESDAY, MAY 24, 1966 NOTICES 7487

4. It is further ordered, That as stated [Docket Nos. 16290, 16291; FCC 66M-706] 2. Rate-making authority covering free time and demurrage on export in the Commission’s original order of No­ WMGS, INC., AND OHIO RADIO, INC. vember 25, 1964, instituting this inquiry, cargo; the inquiry shall be a nonpublic proceed­ Order Continuing Hearing 3. A change in language with respect ing unless and until the Commission shall Conference to free time and demurrage on import order public sessions, where and to the cargo; extent that it shall determine that the In re applications of WMGS, INC. 4. Rate-making authority for sorting public interest will be served thereby. (WMGS), Bowling Green, Ohio, Docket import cargo; and 5. It is further ordered, That upon No. 16290, File No. BR-3097; for renewal 5. Preservation of the right of any conclusion of the inquiry ordered herein, of license, and Ohio Radio, Inc., Bowling member to charge rates different than the Chief Hearing Examiner shall certify Green, Ohio, Docket No. 16291, File No. those in the conference tariffs (except the record to the Commission for appro­ BP-16423; for construction permit. the truck loading and unloading tariff). priate action. The Hearing Examiner having under Protests against approval of certain consideration verbal request of this date provisions of the agreement have been Released: May 19,1966. by counsel for WMGS, Inc. (WMGS), filed with the Commission by the New that the hearing conference now sched­ York Committee o f Inward Far East F ederal Communications Lines1 and the Port of New York Au­ Commission,1 uled for May 26 be continued to June 27, thority. These protests as well as other [seal] B en F. W aple, 1966; Secretary. It appearing, that good cause exists circumstances mentioned bfck>w raise why said request should be granted and questions of violations of sections 15, 16, [F.R. Doc. 66-5672; Filed, May 23, 1966; there is no opposition thereto; and 17 of the Shipping Act, 1916. 8:51 a.m.] Accordingly, it is ordered, This 18th The subject matter involved in the day of May 1966, that the request is first modification was considered by the granted and the hearing conference now Commission in Docket No. 1153—Truck [FCC 66-444] scheduled for May 26 be and the same and Lighter Loading and Unloading is hereby continued to June 27, 1966, 10 Practices at New York Harbor, decision STANDARD BROADCAST APPLICA­ a.m., in the Commission’s Offices, Wash­ served May 16, 1966. TION READY AND AVAILABLE FOR ington, D.C. The second modification would permit the conference to establish free time PROCESSING Released: May 18,1966. May 19,1966. and demurrage rates and regulations on Notice is hereby given that on June 30, F ederal Communications export cargo at New York Harbor. At 1966, the following application will be Commission, \ present certain outbound cargoes are considered as ready and available for [seal] B en F. W aple, allowed to remain on the piers for ex­ processing: Secretary. tended periods of time prior to export shipment without charge. This is gen­ KBRV, Soda Springs, Idaho. [F.R. Doc. 66-5674; Filed, May 23, 1966; erally known as the “hold-on-dock” James C. Wallentine. 8:51 a.m.] practice. Information before the Com­ Has: 540kc, 500w, Day. mission indicates that such a practice Req: 790kc, 5kw, Day. may be unjustly discriminatory and con­ ducive to pier congestion. The proposed Pursuant to §§ 1.227(b) (1) and 1.591 FEDERAL MARITIME COMMISSION modification is apparently designed to (b) of the Commission’s rules, an appli­ [Docket No. 66-33; Agreement 8005-4] alleviate this situation. Approval of this cation in order to be considered with modification, however, has been pro­ this application or with any other appli­ NEW YORK TERMINAL CONFERENCE tested by the New York Committee of cation on file by the close of business on Inward Far East Lines and the Port of June 29, 1966, which involves a conflict Order of Investigation and Hearing New York Authority. The former pro- necessitating a hearing with this appli­ Regarding Modification of Agree­ cation, must be substantially complete testant contends that the control of free ment time and demurrage practices by the and tendered for filing at the offices of Conference may give rise to unfair com­ the Commission in Washington, D.C., by On February 12, 1964, the members of whichever date is earlier: (a) The close petitive practices. The latter protestant the New York Terminal Conference filed contends that the demurrage concept of business on June 29, 1966; (b) the Agreement No. 8005-4 for approval by earlier effective cutoff date which this does not properly apply to export cargo. the Commission pursuant to section 15 The third modification would author­ application or any other conflicting ap­ of the Shipping Act, 1916. The New plication may have by virtue of conflicts ize the Terminal Conference to publish York Terminal Conference consists of free time and demurrage rates on in­ necessitating a hearing with the appli­ various marine terminal operators and cations appearing on previous lists. bound cargo except at waterfront termi­ common carriers by water, engaged in nals included in free-time tariffs issued The attention-of any party in interest loading and unloading waterborne freight desiring to file pleadings concerning any by carrier conferences on file with the onto or from vehicles at marine termi­ Commission. This modification was pro­ pending standard broadcast application nals and furnishing other marine ter­ Pursuant to section 309(d)(1) of the tested by the New York Committee of minal facilities and services in the Port Inward Far East Lines on grounds that Communications Act of 1934, as of Greater New York and vicinity. The amended, is directed to § 1.580 (i) of the the publication of a terminal tariff which Conference operates pursuant to Agree­ is not based upon trade area would Commission’s rules for provisions govern­ ment No. 8005, as amended, which au­ ing the time for filing and other require­ cause unnecessary confusion with car­ thorizes its members jointly to establish rier tariffs which presently provide for ments relating to such pleadings. and maintain rates, rules and regula­ tions applicable to truck loading and un­ free time and demurrage on inbound Adopted: May 18, 1966. cargo based upon trade area. loading at piers in New York Harbor and The fourth modification would give the F ederal Communications vicinity and to fix free time and demur­ Conference authority to institute a Commission,1 rage rates and practices in trades not charge for a sorting service for which otherwise covered by an approved sec­ the members of the Conference do not [seal] B en F. W aple, tion 15 carrier agreement. Secretary. Agreement No. 8005-4 modifies the presently assess a specific charge, which (PR. Doc. 66-5673; Filed, May 23, 1966; basic agreement by providing for the 1 The Committee is a group of carriers serv­ 8:51 a.m.] following: ing various inbound trades from the Orient 1. Clarification of the Conference’snaming free time and demurrage on Inbound rate-making authority for loading and cargo at New York Harbor operating under 1 Commissioner Wadsworth, absent. unloading lighters; authority of FMC Agreement No. 6015.

I FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7488 NOTICES service is provided for the convenience of or 17 of the Shipping Act as more fully ing or prehearing conference, shall be consignees or their agents. Such au­ set forth hereinafter. mailed directly to all parties of record. thority would apparently enable the Therefore, it is ordered, Pursuant to By the Commission. terminal operators to estimate their costs sections 15, 16 First, 17, and 22 of the and apply a charge against the person Shipping Act, 1916, that the Commission, [seal] F rancis C. Hurney, receiving the benefit of the service which upon its own motion, enter upon an in­ Special Assistant to the Secretary. presently they are unable to do. How­ vestigation to determine: Appendix A ever, the New York Committee of In­ 1. Whether any or all the modifica­ New York Terminal Conference, Joseph A. ward Far East Lines has protested ap­ tions proposed in Agreement 8005-4 ex­ Byrne, Counsel, 17 Battery Place, New proval of this modification on grounds cept the first relating to loading and un­ York, N.Y., 10004. that such a charge should be controlled loading lighters should be disapproved American Export Isbrandtsen Lines Inc., 26 or regulated by carriers and not termi­ or modified for failure to comport with Broadway, New York, N.Y., 10004. nal operators^ the standards enunciated in section 15; American Stevedores, Inc., 67 Broad Street, The fifth modification would permit 2. Whether the second, third, or fourth New York, N.Y., 10004. any member of the New York Terminal proposed modifications relating to free Bay Ridge Operating Co., Inc., 34 Whitehall time and demurrage on export and im­ Street, New York, N.Y., 10004. Conference to charge rates other than pompatila Sud-Americana . De Vapor es those in the applicable Conference tariff, port cargo and sorting of inbound cargo (Chilean Line), 29 Broadway, New York, except with respect to truck loading and would if implemented subject any par­ N.Y., 10006. unloading. No protests were directed at ticular persdn, locality, or description of Grace Line, Inc., 3 Hanover Square, New this modification. However, there is traffic to any undue or unreasonable York, N.Y., 10004. some question as to whether it is proper prejudice or disadvantage in any respect International Terminal Operating Co., Inc., for a Conference member to charge other whatsoever, in violation of section 16 2 Broadway, New York, N.Y., 10004., First; Maher Stevedoring Co., Inc., 80 Broad Street, than Conference rates unless the mem­ New York, N.Y., 10004. ber issues a tariff of its own or the Con­ 3. Whether the second, third, or Marra Bros., Inc., 725 Court Street, Brooklyn, ference tariff indicates what rate the fourth modifications would if imple­ • N.Y., 10004. member is charging. The present modi­ mented establish unjust and unreason­ Maude/ James Inc., 185 Montague, Brooklyn, fication does not require a member to able regulations and practices relating to N.Y., 10004. publish a tariff if it deviates from Con­ or connected with the receiving, han­ Morace Stevedoring Corp., 17 State Street, ference rates nor does it require that dling, storing, or delivery of property, New York, N.Y., 10004. the Conference tariff denote deviant contrary to section 17; and John W. McGrath Corp., 39 Broadway, New 4. Whether the fifth proposed modifi­ York, N.Y., 10004. rates of members. Nacirema Operating Co., Inc., 21 West Street, Section 15 of the Shipping Act, 1916, cation relating to independent rate-fix­ New York, N.Y., 10006. requires that we disapprove, cancel, or ing without tariff publication by the Northeast Marine Terminal Co., Inc., 17 modify the above modifications after no­ Terminal Conference or the individual Battery Place, New York, N.Y., 10004. tice and hearing, if we find them to be member concerned of rates so fixed if Norwegian. America Line, 24 State Street, unjustly discriminatory or unfair as be­ implemented would establish unjust and New York, N.Y., 10004. tween carriers, shippers, exporters, im­ unreasonable regulations and practices Pioneer Terminal Corp., 17 Battery Place, relating to or connected with the receiv­ New York, N.Y., 10004. , porters, or ports or between exporters Pittston Stevedoring Corp., 17 Battery Place, from the United States and their for­ ing, handling, storing, or delivery of New York, N.Y., 10004. eign competitors, or to operate to the- property, contrary to section 17; Reliable Marine Service Co., Inc., 11 Atlantic detriment of the commerce of the United It is further ordered, That the New Basin, Brooklyn, N.Y., 11224. States, or to be contrary to the public in­ York Terminal Conference Agreement United Port Service Co., The, 26 Beaver terest, or to be in violation of the Ship­ No. 8005 and its members shown in Ap­ Street, New York, N.Y., 10004. pendix A set forth below, be named as Universal Terminal & Stevedoring Corp.,'' 24 ping Act. State Street, New York, N.Y., 10004. Section 16 First of the Act makes it respondents in this proceeding, and that unlawful for any common carrier by wa­ the New York Committee of Inward Far [P.R. Doc. 66-5675; Piled, May 23, 1966; East Lines, FMC Agreement No. 6015 and 8:51 a.m.] ter, or other person subject to the Act, its members, and the Port of New York either alone or in conjunction with any Authority be designated as “petitioners” other particular person, locality, or de­ ALLTRANSPORT, INC, ET AL. scription of traffic in any respect whatso­ in accordance with the Commission’s Rule 3(a), 46 CFR 502.41; Nòftee of Agreements Filed for Ap­ ever, or to subject any particular per­ It is further ordered, That this pro­ son, locality, or description of traffic to ceeding be assigned for public hearing proval and Agreement Subject to any undue or unreasonable prejudice or before an examiner of the Commission’s Cancellation disadvantage in any respect whatsoever. Office of Hearing Examiners and that Section 17 of the Act requires that Notice is hereby given that the follow­ the hearing be held at a date and place ing freight forwarder cooperative work­ every common carrier by water in our to be determined and announced by the foreign commerce and every other per­ ing agreements have been filed with the presiding examiner; Commission for approval pursuant to son subjèçt to the Act shall establish, ob­ It is further ordered, That notice of serve, and enforce just and reasonable section 15 of the Shipping Act, 1916, as this order be published in the F ederal regulations and practices relating to or amended (39 Stat. 733, 75 Stat. 763, 46 R egister and that a copy thereof and connected with the receiving, handling, U.S.C. 814). notice of hearing be served upon all Interested parties may inspect and storing, or delivering of property and parties herein named; and authorizes the Commission to determine, obtain a copy of the agreements at the prescribe, and order enforced a just and It is further ordered, That any person, Washington office of the Federal Mari­ reasonable regulation and practice where other than the parties designated above time Commission, 1321 H Street NW., circumstances so warrant. who desires to become a party to this Room 609. Comments with reference to proceeding and to participate therein, The protests and other considera­ an agreement including a request for Shall file a petition to intervene with hearing, if desired, may be submitted to tions discussed above raised questions as the Secretary, Federal Maritime Com­ the Secretary, Federal Maritime Com­ to the approvability of the proposed mod­ mission, Washington, D.C., 20573, in ac­ mission, Washington, D.C., 20573, within ifications in view of the recited pro­ cordance with the Commission’s Rule visions of sections 15, 16 First, and 17. 20 days after publication of this notice Upon consideration of this situation, the 5(1), 46 CFR 502.72, with copy to re-, in the F ederal Register. A copy of any spondents. such statement or request for a hearing Commission is of the opinion that an And it is further ordered, That all should also be forwarded to each of the investigation should be undertaken to future notices issued by or on behalf of parties to the agreement (as indicated determine whether Agreement 8005-4 the Commission in this proceeding, in­ hereinafter), and the comments should may be violative of sections 15, 16 First, cluding notice of time and place of hear­ indicate that this has been done.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 NOTICES 7489

Unless otherwise i n d i c a t e d , these Advance Shipping Co., Inis., New Agreement No. FF-3000 between agreements are nonexclusive, cooperative York, N.Y., and Henry A. Wess, Doranco, Inc., Long Beach, Calif., and . Inc., Cincinnati, Ohio —.___ __FF-3001 working arrangements under which the Almac Shipping Co., Inc., New York, Universal Transport Corp., New York, parties may perform freight forwarding N.Y., and W. R. Zanes & Co. of N.Y.', is a cooperative working arrange­ services for each other. Forwarding and Louisiana, Inc., New Orleans, La_ FF-3002 ment whereunder forwarding and serv­ service fees are to be agreed upon on Cobal International, Inc., New York, ice fees are subject to negotiation and each transaction. Ocean freight com­ N.Y., and Henry E. Sullivan, Jr., - agreement on each transaction depend­ pensation is to be divided as agreed be­ Jacksonville, Fla______:_FF-3003 ing upon the services to be performed. It tween the parties. Agreement No. FF-2964 between Pen- is understood that the ocean freight Alltransport, Inc., Chicago, 111., and son Forwarding Corp., New York, N.Y. brokerage shall be retained by the party Foreign Forwarding of Milwaukee, (Branches), and Seaway Forwarding Co., arranging booking agreement with the Milwaukee, Wis______.______FF-2973 Cleveland, Ohio, is a cooperative working carrier. Advance Shipping Co., Inc., New agreement whereunder the fee for for­ Agreement No. FF-3004 between Peter York, N.Y., and General Foreign warding services rendered by either party A. Bemacki, Inc., Phila., Pa. (Branch), Freight Forwarders, Norfolk, Va__ FF-2974 and M. G. Maher & Co., Inc., Houston, A. V. Berner & Co., Inc., New York, shall be agreed upon by the parties upon N.Y., and George W. Wise, Jr., the basis of the services performed on Tex., is a cooperative working arrange­ Savannah, Ga______u___ __ FF-2975 each shipment. Compensation received ment whereunder forwarding and service TTans World Shipping Corp., New from ocean carriers shall be divided by fees will be $7.50+50 percent of the York, N.Y., and Fillette, Green & the parties in the following manner: 50 brokerage on each shipment. Party (b) Co. of Tampa, Tampa, Fla____ FF-2976 percent to Seaway Forwarding Co. and M. G. Maher & Co., Inc. has agreed to R. F. Downing & Co., Inc., New York, 50 percent to Penson Forwarding Corp. prepare all export documentation neces­ N.Y., and Gallagher & Ascher Co., sary to expedite the movement of the Chicago, H I~______FF-2977 Any domestic/overseas ocean freight Samuel Shapiro & Co., Inc., Balti­ traffic which has been originated by PFC shipments. Party (a) Peter A. Bemacki, more, Md., and Alro Forwarding will be handled by Seaway in the name of Inc., will furnish Party (b) with the nec­ Co., Ltd., New York, N.Y__ _ FF-2978 PFC. At the option of Seaway it may essary information to prepare the export J. S. Lipinski & Co., Toledo, Ohio, use the name of PFC, New York or PFC, documentation. and L. Grodwohl & Son, New York, Chicago. Seaway will cause the names Agreement No. FF-2844-1, between N.Y______FF-2980 of Penson & Co. and PFC to be shown Penson Forwarding Corp., New York, Samuel Shapiro & Co., Inc., Baltir more, Md., and Interamerican on the doors of the city and airport offices N. Y., and Wm. R. Rowe Co., San Fran­ Forwarding Corp., Los Angeles, of Seaway. Seaway will also cause the cisco, Calif., modifies approved Agree­ Calif______FF—2981 names of Penson & Co. and PFC to be ment FF-2844 between the parties which Loretz & Co., Los Angeles, Calif. registered with the postal authorities and covers an agreement whereby any do­ (Branches), and Traffic Dynamics, cable and telegraph companies, and will mestic/overseas ocean freight traffic Inc., McKees, Pa______FF-2982 register the cable address “CLEPEN- which has been originated by PFC will be Fred P. Gaskell Co., Inc., Norfolk, SON”, Cleveland. Seaway will arrange handled by Rowe in the name of PFC. Va., and Tomas Shipping Co., Inc., New York, N.Y______FF-2983 for a separate telephone number for PFC At the option of Rowe it may use the Bemo Shipping Co., New York, N.Y., if it is the practice of the switchboard name of PFC, New York or PFC, Chicago. and Gladish & Associates, Seattle, operators of Seaway to answer incoming Rowe will cause the name of Penson & Wash------FF-2984 calls in the name of Seaway. Walter W. Co. and PFC to be shown on the doors of Seaway Forwarding Co., Cleveland, Zachman is designated aS the General the city and airport offices of Rowe. Ohio, and Nordisk Transport, Inc., Manager of PFC in connection with the Rowe will also cause the names of Pen- New York, N.Y______FF-2985 Ohio operations. son & Co. and PFC to be registered with Coastal Forwarders, Charleston, S.C., Agreement No. FF-2979 between Sun­ the postal authorities and cable and and Judson Sheldon International shine Forwarders, Inc., Jacksonville, Fla., Corp., New York, N.Y ______F F -2 9 8 6 telegraph companies, and will register J. K. Ebberwein, Savannah, Ga„ and and Almac Shipping Co., Inc., New York, the cable address “SANPENSON”, San Judson Sheldon International N.Y., is a cooperative working arrange­ Francisco. Rowe will arrange for a Corp., New York, N.Y ______F F -2 9 8 7 ment whereunder forwarding and service separate telephone number for PFC if is Wilson’s American Co., Inc., New fees are to be as follows: the practice of the switchboard operators York, N.Y., and Judson Sheldon Bermuda & Nassau: $2.50 of Rowe to answer incoming calls in the International Corp., New York, name of Rowe. William R. Rowe is N.Y____------F F —2988 All other countries: designated as the General Manager of Seaway Forwarding Co., Cleveland, To pass completed export declara­ Ohio, and F. X. Coughlin Co., tions ______$1.25 PFC in connection with the San Fran­ Detroit, Mich ______F F -2 9 8 9 To pass completed bills of lading_1.25 cisco operations. Natural, Nydegger Transport Corp., To prepare or complete and pass Agreement No. FF-3005 between Pen- New York, N.Y., and the J. D. export declarations___ .______2.50 son Forwarding Corp., New York, N.Y. Richardson Co., Detroit, Mich ____ F F -2 9 9 1 To prepare or complete and pass Block Overseas Shipping Co., New bUls of lading______2.50(Branches), and M. E. Dey & Co., Inc., York, N.Y., and M. G. Otero Co., Preparation of Consul documents._ 5.00 Milwaukee, Wis., is a cooperative work­ Los Angeles, Calif______F F -2 9 9 2 Consular documents (at cost) ing arrangement whereunder forwarding J- S. Lipinski & Co., Toledo, Ohio, Telephone calls, teletypes or tele­ and service fees are subject to negotia­ and Francesco Paris! Interna­ grams (at cost) tional Transports (U.S.A.) New Ocean freight brokerage is to be tion and agreement on each transaction Y ork, N .Y ______;______F F -2 9 9 3 divided equally on a 50/50 basis depending upon the services to be per­ Nordstrom Freighting Corp., New between both parties. This divi­ formed. Ocean freight brokerage will be York, N.Y., and H. S. Thielen, Inc., sion of brokerage will be restricted retained by the originating forwarder. Lake Charles, La ______F F -2 9 9 4 to those shipments handled on N ® w -S. S h ip p in g C o., N ew Y o rk , behalf of each other. Agreement No. FF-3006 between Acco N.Y., and F. X. Coughlin Co., Foreign Shipping, Inc., Mnatrt, Fla., and Detroit, Mich ______F F -2 9 9 5 Agreement No. FF-2990 between Ex­ Manaco International Forwarders, New­ Nordstrom Freighting Corp., New port Enterprises, Inc., Phila., Pa., and ark, N.J., is a cooperative working ar­ York, N.Y., and Ray C. Fischer Behring-South Ports Shipping, Inc., rangement whereunder forwarding and VO:, Inc., Milwaukee, W is____ F F -2 9 9 6 Houston, Tex., is a cooperative working ^has. Kura Co.. Philadelphia, Pa., arrangement whereunder the basic fee service fees are subject to negotiation and Rex & Reynolds Co., Inc., for passing shipper’s export declaration and agreement on each transaction de­ Oh» ,Jork’ NY ------F F -2 9 9 7 will be $5.00 each. Other forwarding pending upon the services to be per­ ^nas. Kura Co., Philadelphia Pa., formed. Ocean freight brokerage to be and Transandina (N.Y.) Forward- and service fees are subject to negotia­ ing Corp., New York, N.Y ______F F -2 9 9 8 tion and agreement on each transaction collected in full by initiating forwarder. seaway Forwarding Co., Cleveland, depending upon the services rendered or This brokerage will be restricted to those Ohio, and Fred P. G a s k e ll Co., to be performed. Ocean freight compen­ shipments handled on behalf of each J-nc., N ew Y o rk , N .Y . (B ra n c h e s ) _ F F -2 9 9 9 sation is to be shared as agreed. other.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7490 NOTICES

N otice op Agreement S ubject to signment at tariff rates. Matson has an Proposed rate: 14.3733 cents per Mcf.4 Pressure base: 14.65 p.s.i.a. Cancellation option to lease additional property (des­ ignated Areas A, B -l, and B-2) within Notice is hereby given that the follow­ Humble request that should the Com­ a 10-year period. As compensation for mission suspend their rate filing that ing independent ocean freight forwarder the right of such option Matson will pay cooperative working agreement approved the suspension period be shortened to 1 the City $939 per month. If the op­ day, or in the alternative, the earliest by the Commission pursuant to section tion is exercised, rental will be set accord­ 15 of the Shipping Act, 1916, as amended date allowed by the Commission. Good ing to terms outlined in the agreement. cause has not been shown for granting <39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814) Matson may cancel the lease on 6 months is scheduled for cancellation inasmuch Humble’s request for limiting to 1 day notice, however, should it do so it agrees the suspension period with respect to as in accordance with the terms therein to reimburse the City for the cost of im­ the parties to the agreement have re­ their rate filing and such request is provements under the terms of the denied. quested in writing that the agreement be agreement. terminated. Humble’s proposed rate increase of 0.5 Agreement No. T-1953-A, between the cent per Mcf, from 13.8733 cents to J. D. Smith Inter-Ocean, Inc., New City of Oakland (City) and Matson Nav­ 14.3733 cents per Mcf, is for gas sold un­ York, N.Y., and John S. James, Sa­ igation Co. (Matson) is a 20-year lease vannah, Ga_____ ..__------FF-785 der their FPC Gas Rate Schedule No. 390 of property adjoining the area covered to Texas Eastern Transmission Corpora­ Dated: May 19, 1966. by Agreement No. T-1953, between the tion in Texas Railroad District No. 2. same parties, at a fixed rental of $3,333.33 The proposed increase, which was con­ F rancis C. Hurney, per month. Matson will use the prem­ Special Assistant to the Secretary. tractually due February 5, 1963, is from ises for the handling, storage, delivery, a settlement rate accepted by letter order [F.R, Doc. 66-5676; Filed, May 23, 1966; and transportation of cargo and passen­ dated April 13, 1960. The subject rate 8:52 a.m.] gers. Should any legal proceedings pre­ schedule provides for delivery of non- vent Matson from using the premises, dehydrated gas at the outlet of the pro­ CITY OF OAKLAND AND MATSON Matson shall have the right of use under ducer’s facilities at or near each a nonexclusive preferential assignment producing well or wells. NAVIGATION CO. at tariff rates. Matson may cancel the The gas purchased by Texas Eastern Notice of Agreements Filed for1 lease on terms similar to those which In this area (Wilcox Trend) is trans­ Approval provide for cancellation of Agreement ported by Texas Eastern to the Goliad No. T-1953. Plant, operated by Socony Mobil Oil Co,, Notice is hereby given that the follow­ where it is then processed for the extrac­ ing agreements have been filed with the Dated: May 19, 1966. tion of liquid components, dehydrated Commission for approval pursuant to F rancis C. Hurney, and redelivered to Texas Eastern at thè section 15 of the Shipping Act, 1916, as Special Assistant to the Secretary. outlet of such plant. Texas Eastern amended <39 Stat. 733, 75 Stat. 763, 46 maintains a standard contract differen­ U.S.C. 814). [F.R. Doc. 66-5677; Filed, May 23, 1966; 8:52 am .] tial of 0.5 cent for dehydrated gas de­ Interested parties may inspect and ob­ livered at a central point in the Wilcox tain a copy of the agreement (s) at the Trend area. The actual costs incurred Washington Office of the Federal Mari­ by Texas Eastern for dehydration and time Commission, 1321 H Street NW., central point delivery of the subject gas Room 609, or may inspect agreements FEDERAL POWER COMMISSION is not ascertainable at this time but the at the offices of the District Managers, [Docket No. RI66—376] Commission has applied the standard New York, N.Y., New Orleans, La., and 0.5-cent differential for these costs in San Francisco, Calif. Comments with HUMBLE OIL & REFINING CO., determining whether to suspend pro­ reference to an agreement including a ET AL. posed rates in this area. The addition request for hearing, if desired, may be of this 0.5-cent differential to the in­ submitted to the Secretary, Federal O rder Providing for Hearing on stant proposed rate, since Texas Eastern Maritime Commission, Washington, D.C., and Suspension of Proposed must gather and dehydrate the subject 20573, within 20 days after publication Change in Rate gas, would cause such rate to exceed the of this notice in the F ederal R egister. A M ay 18, 1966. area increased ceiling level of 14.6 cents copy of any such statement should also On April 18, 1966, Humble Oil & Re­ per Mcf established by the Commission be forwarded to the party filing the fining Co. (Operator), et al., (Humble)1 for pipeline quality gas. Pipeline quality agreement (as indicated hereinafter), tendered for filing a proposed change in gas in this area is understood to apply and the comments should indicate that their presently effective rate schedule for to sales of dehydrated gas delivered at this has been done. sales of natural gas subject to the juris­ a central point in the field. Under the Notice of agreements filed for approval diction of the Commission. The pro­ circumstances, Humble’s proposed in­ by: posed change, which constitutes an in­ creased rate is suspended as hereinafter J. Kerwin Rooney, Port Attorney, Port of creased rate and charge, is contained in ordered because the sales related thereto Oakland, 66 Jack London Square, Oakland, the following designated filing: are considered to be for nonpipeline Calif., 94607. quality gas within the meaning of the Description: Notice of Change, dated April Commission’s Statement of General Agreement No. T-1953, between the 13, 1966. Policy No. 61-1, as amended, because of City of Oakland (City) and Matson Nav­ Purchaser and producing area: Texas East­ the cost incurred by buyer for dehydrat­ igation Co. (Matson), is a 20-year lease ern Transmission Corp. (West George West of certain terminal property and berth­ Field, Live Oak County, Tex.) (R.R. District ing and gathering. No. 2). The proposed changed rate and charge ing area in the Port of Oakland, Calif., Rate schedule designation: Supplement may be unjust, unreasonable, unduly dis­ at a fixed rental of $26,000 per month. No. 9 to Humble’s FPC Gas Rate Schedule criminatory, or preferential, or other­ Matson will use the premises for docking No. 390. wise unlawful. - and mooring its Vessels and interchange Effective date: May 19, 1966.3 The Commission finds: It is necessary of passengers, cargo, and uses incidental Amount of annual increase: $450. and proper in the public interest and to thereto. The parties agree to make im­ Effective rate: 13.8733 cents per Mcf.3 aid in the enforcement of the provisions provements and changes on the property of the Natural Gas Act that the Com- in accordance with the terms of the »Address is:' Post Office Box 2180, Houston, agreement. It further provides that Tex., 77001. Attention: Mr. John J. Carter. 4 Equivalent to 14.8733 cents per Mcf when should any legal proceedings prevent 3 The stated effective date is the effective a standard differential of 0.5 cent maintained Matson from using the premises under date requested by Respondent. by Texas Eastern for delivery of dehydrated the lease, Matson shall have the right of a Settlement rate accepted by Commission’s gas at a central point is taken into consid­ use under a nonexclusive preferential as­ letter order issued Apr. 13, 1960. eration.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESPAY, MAY 24, 1966 NOTICES 7491 mission enter upon a hearing concern­ of practice and procedure (18 CPR 1.8 (B) Pending hearing and decision ing the lawfulness of the proposed and 1.37(f) ) on or before July 1, 1966. thereon, the rate supplement herein is suspended and its use deferred until date change, and that Supplement No. 9 to By the Commission. Humble’s FPC Gas Rate Schedule No. 390 shown in the “Date Suspended Until’’ be suspended and the use thereof de­ (seal] J oseph H. Outride, column, and thereafter until made effec­ ferred as hereinafter ordered. Secretary. tive as prescribed by the Natural Gas The Commission orders: [F.R. Doc. 66-5610; Filed, May 23, 1966; Act: Provided, however, That the supple­ (A) Pursuant to the authority of the 8:45 a.m.] ment to the rate schedule filed by Re­ spondent shall become effective subject Natural Gas Act, particularly sections 4 {Docket No. RI66-381] to refund on the date and in the manner and 15 thereof, the Commission’s rules herein prescribed if within 20 days from of practice and procedure, and the regu­ TENNECO OIL CO. the date of the issuance of this order Re­ lations under the Natural Gas Act (18 Order Providing for Hearing on and spondent shall execute and file under its CPR Ch. I), a public hearing shall be above-designated docket number with Suspension of Proposed Change in the Secretary of the Commission its held upon a date to be fixed by notice Rate, and Allowing Rate Change To agreement and undertaking to comply from the Secretary concerning the law­ Become Effective Subject to Refund with the refunding and reporting pro­ fulness of the proposed increased rate May 18,1966. cedure required by the Natural Gas Act and charge contained in Supplement No. and § 154.102 of the regulations there­ Respondent named herein has filed a 9 to Humble’s PPC Gas Rate Schedule under, accompanied by a certificate proposed change in rate and charge of showing service of a copy thereof upon No. 390. a currently effective rate schedule for the (B) Pending such hearing and deci­ the purchaser under the rate schedule sale of natural gas under Commission involved. Unless Respondent is advised sion thereon, Supplement No. 9 to jurisdiction, as set forth in Appendix A to the contrary within 15 days after the Humble’s FPC Gas Rate Schedule No. hereof. filing of its agreement and undertaking, 390 is hereby suspended and the use The proposed changed rate and charge such agreement and undertaking shall be may be unjust, unreasonable, unduly deemed to have been accepted. thereof deferred until October 19, 1966, discriminatory, or preferential, or other­ and thereafter until such further time wise unlawful. (C) Until otherwise ordered by the as it is made effective in the manner Commission, neither the suspended The Commission finds : It is in the pub­ supplement, nor the rate schedule sought prescribed by the Natural Gas Act. lic interest and consistent with the Natu­ to be altered, shall be changed until (C) Neither the supplement hereby ral Gas Act that the Commission enter disposition of this proceeding or expira­ suspended, nor the rate schedule sought upon a hearing regarding the lawfulness of the proposed change, and that the tion of the suspension period. to be altered thereby, shall be changed supplement herein be suspended and its (D) Notices of intervention or peti­ until this proceeding has been disposed use be deferred as ordered below. tions to intervene may be filed with the of or until the period of suspension has The Commission orders : Federal Power Commission, Washington, expired, unless otherwise ordered by the (A) Under the Natural Gas Act, partic­D.C., 20426, in accordance with the rules ularly sections 4 and 15, the regulations of practice and procedure (18 CFR 1.8 Commission. and 1.37(f) ) on or before July 6, 1966. (D) Notices of intervention or peti­ pertaining thereto (18 CFR Ch. I), and the Commission’s rules of practice and By the Commission. tions to intervene may be filed with the procedure, a public hearing shall be held Federal Power Commission, Washington, concerning the lawfulness of the pro­ [seal] J oseph H. Gutride, D.C., 20426, in accordance with the rules posed change. Secretary. Appendix A

Effective Cents per Mcf v. Rate in Rate Sup­ Amount Date date Date effect Docket Respondent sched­ ple­ Purchaser and producing area of annual filing unless sus­ subject to No. ule ment increase tendered sus­ pended Rate in Proposed refund in No. No. pended until— effect increased docket rate Nos.

RI66-381_ Tenneco Oil Co., 46 »5 El Paso Natural Gas Co. (Roberts $1,002 4-18-66 2 5-19-66 »5-20-66 11.5 ‘ »»14.4 Post Office Box and Sonora Fields, Sutton County, 2511, Houston, Tex.) (R.R. District No. 7-c) (Per­ Tex., 77001, Attn: mian Basin Area). Mr. John E. Watson.

1 Respondent has filed rate schedule-quality statement stating that the gas requires 8 Pressure base is 14.65 p.s.i.a. treating cost of 0.10 cent per Mcf for removal of HjO and 0.55 cent per Mcf for low • “Fractured” rate increase. Respondent is contractually entitled to 18.0 cents per pressure gas. Mcf as of Aug. 1,1964, as provided by amendatory agreement dated Dec. 22,1965. * The stated effective date is the first day after expiration of tho statutory notice. 1 Includes downward price adjustment of 0.10 cent per Mcf for removal of HjO and : The suspension period is limited to 1 day. 0.55 cent per Mcf for low pressure gas and upward price adjustment of 0.55 cent per ‘ Renegotiated rate increase. Mcf for 1,040 B.t.u. gas. Appendix A a rate schedule-quality statement which 23, 1966, in Area Rate Proceeding, Docket No. shows that the cost of treating the gas to AR61-1 (Phillips Petroleum Company, Dock­ w' Tenneco Oil Co. (Tenneco) proposes a pipeline standards is 0.10 cent per Mcf for et No. G—20405), the Commission indicated it fractured” rate increase, from 11.5 cents to removal of H20 and 0.55 cent per Mcf for would not allow an upward adjustment for 14.4 cents per Mcf, amounting to $1,002 low pressure gas (290 psig) and that the gas Btu content between 1000 and 1050 as an annually, for a sale of “old” gas-well as to contains 1040 Btu’s. Tenneco proposes a offset against a downward quality adjust­ El Paso Natural Gas Co. in the Permian rate of 14.4 cents per Mcf for this sale which ment in determining the applicable area Basin Area of Texas. The proposed increased is composed of a base area rate of 14.5 cents rate. That ruling is equally applicable here. f *S ka®ed on an amendatory agreement less treating cost of 0.65 cent, plus upward Examination has not been completed with which contains a renegotiated periodic price Btu adjustment of 0.55 cent for the Btu’s respect to the propriety of other matters escalation clause which provides for a rate above 1000. The 0.55 cent Btu adjustment is covered in the subject quality statement. ? "•*) cents per Mcf, effective as of August used to offset a part of the total treating In our future determination as to whether i. 1964. Tenneco proposes to limit the in­ creased rate so as not to exceed the ap­ cost of 0.65 cent per Mcf. On this basis, Tenneco’s quality statement is otherwise ac­ plicable area ceiling prescribed in Opinion Tenneco shows the applicable area rate to be ceptable, no consideration will be given to the No. 468, as amended. 14.4 cents per Mcf. This crediting tech­ proposed credit for Btu content. nique has been rejected by the Commission In view of the possibility that Tenneco’s fTenneco’s proposed Increase involves a sale in considering the propriety of deductions proposed rate may be in excess of the ap­ th ° ^ ” ®as“weH 8a8 which does not meet for non-pipeline quality gas for quality state­ plicable area rate ceiling determined in e quality standards prescribed in Opinion ments filed pursuant to orders of Opinion Permian, it is appropriate to suspend such «o. 468, as amended. Tenneco has filed Nos. 468 and 468-A. By order issued March rate for one day as ordered herein.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 No. 100- -6 7492 NOTICES Except for the stay of moratorium in tioner), Post Office Box 1348, Kansas Protests or petitions to intervene may Opinion No. 468, Tenneco’s filing would be City, Mo., 64141, filed in Docket No. G - be filed with the Federal Power Com­ rejectable. If the moratorium is ultimately 1723 a petition to amend the certificate mission, Washington, D.C.y 20426, in ac­ upheld upon judicial review, the filing will of public convenience and necessity is­ cordance with the rules of practice and be rejected ab initio. sued in said docket on July 14, 1952, re­ procedure of the Commission (18 CFR [F.R. Doc. 66-5611; Piled, May 23, 1966; questing that the designation of its direct 1.8 or 1.10). The last day upon which 8:46 a.m.] industrial customer under said authori­ protests or petitions may be filed is July zation be changed from “Clay City Prod­ 5, 1966. The application is on file with [Docket No. E-7292] ucts Co.” to “Colonial Brick Corp.”, all the Commission for public inspection. as more fully set forth in the petition MONTANA-DAKOTA UTILITIES CO. Gordon M. G rant, to amend which is on file with the Com­ Acting Secretary. Notice of Application mission and open to public inspection. By the order issued in the aforemen­ [F.R. Doc. 66-5644; Filed, May 23, 1966; May 18, 1966. tioned Docket No. G-1723 the Commis­ 8:48 a.m.] Take notice that on May 12, 1966, sion authorized Petitioner to construct Montana-Dakota Utilities Go. (Appli­ certain facilities and to transport gas in [Project No. 2584] cant), a corporation organized under the interstate commerce for the purpose of laws of the State of Delaware and doing making direct industrial sales to Clay ROCHESTER GAS AND ELECTRIC business in the States of Minnesota, City Products Co.’s brick plants in CORP. Montana, North Dakota, South Dakota, Montezuma, Ind., and in Mecca, Ind. and Wyoming filed an application with (11FPC661). The instant petition con­ Notice of Application for License for the Federal Power Commission pursuant cerns deliveries to the Montezuma plant Constructed Project to section 204 of the Federal Power Act which has now changed ownership from May 19,1966. seeking an order authorizing the issuance Clay City Products Co. to Colonial Brick Public notice is hereby given that ap­ of $10 million Promissory Notes due not Corp. more than 1 year after the dates of their plication has been filed under the Federal Petitioner states that it has been ad­ Power Act (16 U.S.C. 791a-825r) by respective issue. vised that Colonial Brick Corp. pur­ Applicant proposes to issue these notes chased the Montezuma plant of Clay Rochester Gas & Electric Corp. (corre­ only if market conditions are such that City Products Co. and that Colonial in­ spondence to: Francis E. Drake, Jr., Ex­ satisfactory bids are not received for the ecutive Vice President, Rochester Gas & tends to continue to manufacture brick Electric Corp., 89 East Avenue, Roch­ $10 million of First Mortgage Sinking through the use of Panhandle’s natural ester, N.Y., 14604) for a license for con­ Fund Bonds due June 1, 1986, with re­ gas as fuel. Petitioner further states spect to which an application is pending that it has entered into an Industrial Gas structed Project No. 2584, known as Sta­ in Docket No. E-7281. Contract as of May 1,1966, providing for tion No. 26, located on the Genessee The notes will in such case be issued the continuation of deliveries to this River, in the city of Rochester, Monroe for the same purposes for which the plant in volumes not to exceed 1,000 Mcf County, N.Y. bonds are planned to be issued; namely, per day, at a price of 43 cents per Mcf The existing project consists of: (1) the payment of $4 million of short-term and that both the volume and the price A reinforced concrete intake structure notes issued in 1965 and for payment of located upstream from the New York are slightly lower than those formerly State Barge Canal’s Court Street Dam; part of the cost of the Applicant’s 1966 applicable to Clay City Products Co. (2) a reservoir (nonproject, part of the construction program. This program Protests or petitions to intervene may calls for the expenditure of $11.7 million be filed with the Federal Power Com­ Barge Canal facilities) at elevation 513 of which $7.9 million is budgeted for mission, Washington, D.C., 20426, in ac­ feet; (3) a concrete penstock about 262 electric facilities, $3.3 million for gas and cordance with the rules of practice and feet long; (4) a tailrace about 690 feet $500,000 for common utility properties. long and 40 feet wide; (5) a 232-foot procedure (18 CFR 1.8 or 1.10) and the baffle wall from the powerhouse to Court The maximum of $10 million of Prom­ regulations under the Natural Gas Act Street Bridge; (6) a powerhouse con­ issory Notes will be payable to the First (157.10) on or before June 13, 1966. National City Bank, New York, dated as taining a single 4,200 hp vertical turbine G ordon M. G rant, and a 3,000 kw generator; (7) a 4,150- of the dates of their respective issue Acting Secretary. which will be not later than December volt underground cable, approximately 31, 1966, due not more than 1 year [F.R. Doc. 66-5607; Filed, May 23, 1966; 1,800 feet long from the generator to a after the dates of their respective issue 8:45 a.m,] circuit breaker at Station 6; and (8) and not later than December 31, 1967, appurtenant facilities. each bearing interest at the prime com­ Protests or petitions to intervene may [Project No. 2358] be filed with the Federal Power Com­ mercial rate at the date it is issued and mission, Washington, D.C., 20426, in ac­ will be unsecured. GLAMORGAN PIPE & FOUNDRY CO. cordance with the rules of practice and Any person desiring to be heard or to procedure of the Commission (18 CFR make any protest with reference to said Notice of Application for Surrender of 1.8 or 1.10). The last day upon which application should on or before June 1, License for Constructed Project 1966, file with the Federal Power Com­ protests or petitions may be filed is July mission, Washington, D.C., 20426, peti­ May 18,1966. 7, 1966. The application is on file with the Commission for public inspection. tions or protests in accordance with the Public notice is hereby given that ap­ requirements of the Commission’s rules plication has been filed under the Fed­ G ordon M. Grant, of practice and procedure (18 CFR 1.8 eral Power Act (16 U.S.C. 791a-825r) by Acting Secretary. or 1.10). The application is on file and Glamorgan Pipe & Foundry Co. (corre­ [F.R. Doc. 66-5645; Filed, May 23, 1966; available for public inspection. spondence to: W. Wilbur Winf ree, Presi­ 8:48 a.m.] G ordon M. G rant, dent, Glamorgan Pipe & Foundry Co., Adams Street, Post Office Box 740, Acting Secretary. [Docket Nos. G—165 etc.] [F.R. Doc. 66-5606; Filed, May 23, 1966; Lynchburg, Va.) for surrender of license 8:45 am.] for constructed Project No. 2358, located TENNESSEE GAS PIPELINE CO. along the James River in Lynchburg, Va. Notice of Petitions To Amend Orders [Docket No. G-1723] The powerplant contains one turbine of 250 horsepower capacity connected to and Pending Applications PANHANDLE EASTERN PIPE LINE CO. a 150 kilowatt generator. May 19,1966. Notice of Petition To Amend According to the application, filed April 22, 1966, the plant has not been Take notice that on April 18, 1966, May 17,1966. operated for a number of months and Tennessee Gas Pipeline Co., a division Take notice that on April 22, 1966, the licensee is in the process of dis­ of Tenneco, Inc. (Petitioner), Post Panhandle Eastern Pipe Line Co. (Peti­ mantling it. Office Box 2511, Houston, Tex., 77001,

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 NOTICES 7493

filed a petition to amend the existing Houston, Tex., 77002, a registered holding be held on such matter, stating the na­ orders issued by the Commission in company, has filed a declaration with ture of his interest, the reasons for such Docket Nos. G-165, et al., at various this Commission, pursuant to the Public request, and the issues of fact or law times from 1941 through 1966. On the Utility Holding Company Act of 1935 raised by said declaration which he de­ same day, Petitioner filed a petition to <“Act”) , designating sections 6(a), 7, and sires to controvert; or he may request amend applications filed by it in matters 12 of the Act and Rule 43 promulgated that he be notified if the Commission now pending before the Commission in thereunder as applicable to the proposed should order a hearing thereon. Any Docket Nos. CP60-57, et al., such appli­ transactions. All interested persons are such request should be addressed: Sec­ cations having been filed at various referred to the declaration, which is sum­ retary, Securities and Exchange Com­ times from 1960 to 1966. Petitioner re­ marized below, for a complete statement mission, Washington, D.C., 20549. A quests that the applications, certificates of the proposed transactions. copy of such request should be served of public convenience and necessity, and Pennzoil proposes to issue and sell, personally or by mail (airmail if the per­ any other proceeding, file or record be­ from time to time, up to 428,571 shares son being served is located more than 500 fore the Commission relating to Tennes­ of its authorized but unissued common miles from the point of mailing) upon see Gas Transmission Co. reflect the stock, par value $2.50 per share, upon the declarant at the above-stated ad­ substitution of the name Tennessee Gas conversion of its 4% Percent Convertible dress, and proof of service (by affidavit Pipeline Co., a division of Tenneco, Inc., Subordinated debentures due 1985 or, in case of an attorney at law, by cer­ for the name Tennessee Gas Transmis­ (“Debentures”) which are outstanding in tificate) should be filed contemporane­ sion Co., all as more fully set forth in the the principal amount of $30,000,000. ously with the request. At any time petitions to amend which are on file The Debentures were issued prior to after said date, the declaration, as filed with the Commission and open to public Pennzoil’s registration under the Act as a or as it may be amended, may be per­ inspection. holding company pursuant to an Inden­ mitted to become effective as provided in Petitioner states that on April 11,1966, ture dated as of December 1, 1965, be­ Rule 23 of the general rules and regula­ pursuant to a resolution of its board of tween Pennzoil and Mellon National tions promulgated under the Act, or the directors, Tennessee Gas Transmission Bank & Trust Co. of Pittsburgh, Pa., as Commission may grant exemption from Co. filed with the Secretary of State of Trustee (“Trusteee”). such rules as provided in Rules 20(a) the State of Delaware (the State of in­ The Debentures, by their terms, are and 100 thereof or take such other action corporation of Tennessee Gas Transmis­ convertible, at the option of the holder, as it may deem appropriate. sion Co.) an amendment to its corporate up to and including December 1, 1985, charter, changing the name of the corpo­ or in the event the Debentures are called For the Commission (pursuant to dele­ ration from Tennessee Gas Transmission for redemption, until the close of busi­ gated authority). Co. to Tenneco, Inc. Petitioner further ness on the 15th day prior to the re­ [seal] Orval L. D uBois, states that no other corporate changes demption date, into the common stock of Secretary. have been made and Tenneco, Inc., is not Pennzoil at the conversion price of $70.00 [F.R. Doc. 66-5626; Filed, May 23, 1966; a new corporation, nor is it a successor principal amount of the Debentures for 8:47 am .] or assign. each share of common stock. The De­ The petitions to amend recite that bentures are redeemable in whole or in Petitioner is the same corporate entity part at the option of Pennzoil after [812-1949] for all purposes and in all respects as December 1, 1970. Tennessee Gas Transmission Co., except On January 28,1966, Pennzoil had out­ RESEARCH INVESTING CORP. for the corporate name. There has been standing 4,009,088 shares of common no change in assets, liabilities or capital­ stock, exclusive of shares held in its treas­ Notice of Filing of Application ization of the corporation. Under the ury. It also had outstanding the follow­ M ay 17, 1966. new name, Petitioner states that Ten­ ing securities which it had issued prior Notice is hereby given that Research neco, Inc., will continue without cessa­ to its registration under the Act: (i) Investing Corp. (“applicant”) , 163 Engle tion or interruption the. identical opera­ 5 Percent Convertible Debentures, $646,- Street, Englewood, N.J., a New Jersey tions and corporate activities formerly 000 principal amount of series due 1972, corporation which is registered under conducted by Tennessee Gas Transmis­ which are convertible into 11,305 shares the Investment Company Act of 1940 sion Co. The natural gas transmission of the common stock at a price of $57.1428 (“Act”) as an open-end, nondiversified, business will be operated by Petitioner, per share, and $875,000 principal amount management investment company, has a division of Tenneco, Inc. of series due 1975, which are convertible filed an application pursuant to section Protests or petitions to intervene may into 28,566 shares of the common stock 6(c) of the Act requesting an order be filed with the Federal Power Commis­ at a price of $30.00 per share, and (ii) of the Commission exempting from the sion, Washington, D.C., 20426, in accord­ options to purchase 131,903 shares of provisions of section 22(d) of the Act ance with the rules of practice and the common stock exercisable at prices the proposed issuance of applicant’s Procedure (18 CFR 1.8 or 1.10) and the ranging from $23.4375 per share to $44.50 shares, without sales charge, for sub­ regulations under the Natural Gas Act per share. The issuance of common stantially all of the cash and securities (157.10) on or before June 13, 1966. stock upon conversion of the 5 Percent of Oxford Associates, Inc., Norsam As­ Gordon M. Grant, Convertible Debentures and the exercise sociates, Inc. and Leroy Associates, Inc. Acting Secretary. of the outstanding options was author­ (collectively referred to herein as “Com­ IF.R. Doc. 66-5646; Filed, May 23, 1966; ized by order of the Commission dated panies”). As here pertinent, section 22 8:48 a.m.] March 30, 1966 (Holding Company Act (d) of the Act would prohibit the is­ Release No. 15436. suance of applicant’s shares at a price The declaration states that the com­ which does not include a sales charge. SECURITIES AND EXCHANGE petitive bidding requirements of Rule 50 All interested persons are referred to the are not appropriate to the proposed issue application on file with the Commission and sale and Pennzoil requests an exemp­ for a statement of the representations COMMISSION tion from said rule. therein which are summarized below. [File No. 70-4381] The fees and expenses to be paid in Each of the Companies is a personal connection with the issue and sale of PENNZOIL CO. holding .company whose outstanding common stock upon conversion of the stock is owned by two individuals. As Notice of Proposed Issuance of Com­ Debentures are estimated to total $3,072. at March 31, 1966, the net assets of ap­ mon Stock Pursuant to Terms of No State commission and no Federal plicant and Companies (combined) Outstanding Convertible Deben­ commission, other than this Commis­ amounted to $55,918,587 and $238,439, tures sion, has jurisdiction over said trans­ respectively. actions. Under agreements between applicant May 17,1966. Notice is further given that any in­ and each of the Companies, substantially PnNo. ^ ^ hereby given that Pennzoil terested person may, not later than June all of the combined assets of Companies • ( Pennzoil”) , 900 Southwest Tower, 7, 1966, request in wilting that a hearing will be transferred to applicant in ex-

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7494 NOTICES change for stock of applicant which in [File Nos. 7-2565, 7-2566] a national securities exchange is required turn will be distributed to Companies’ ZAYRE CORP., AND SLICK CORP. in the public interest and for the pro­ stockholders who will hold for invest­ tection of investors; ment. v - Notice of Applications for Unlisted It is ordered, Pursuant to sections 15 The amount of stock of applicant to be Trading Privileges and of Oppor­ (c) (5) and 19(a) (4) of the Securities Ex­ delivered to Companies in accordance tunity for Hearing change Act of 1934, that trading in such with the terms of the agreement will be securities on the American Stock Ex­ determined on the basis of the value of May 17,1966. change and otherwise than on a national the combined assets of the Companies In the matter of applications of securities exchange be summarily sus­ to be transferred to applicant and the net the Philadelphia-Baltimore-Washington pended, this order to be effective for the asset value per share of applicant, re­ Stock Exchange for unlisted trading period May 19, 1966, through May 28, spectively, as of the close of business privileges in certain securities. 1966, both dates inclusive. on the business day next preceding the The above named national securities By the Commission. closing date for the exchange. Such exchange has filed applications with the amount of stock shall be computed by Securities and Exchange Commission [seal] Orval L. D tjB ois, dividing applicant’s per share net asset pursuant to section 12(f) (1) (B) of the Secretary. value into the aggregate value of each Securities Exchange Act of 1934 and Rule [F.R. Doc. 66-5629; Filed, May 23, 1966; company’s assets, which aggregate value 12f-l thereunder, for unlisted trading 8:47 am.] will first be reduced by an adjustment privileges in the common stocks of the for potential Federal income taxes pay­ following companies, which securitiés are able upon the realization of the apprecia­ listed and registered on one or more other PINAL COUNTY DEVELOPMENT tion in the value of the securities of the national securities exchanges: ASSOCIATION Companies to the extent that any such Zayre Corp______File 7-2565 Order Suspending Trading appreciation may proportionately exceed Slick Corp------,------File 7-2566 the appreciation of the securities of ap­ Upon receipt of a request, on or be­ May 18,1966. plicant on the date of closing. As at fore June 2, 1966, from any interested It appearing to the Securities and Ex­ March 31, 1966, the appreciation as a person, the Commission will determine change Commission that the summary percentage of the net asset value of ap­ whether the application with respect to suspension of trading in the 5% percent plicant and the Companies (combined) any of the companies named shall be set Industrial Development Revenue Bonds approximated 14.5 percent and 4.6 per­ down for hearing. Any such request of Pinal County Development Association cent, respectively, and if the exchange should state briefly the title of the secur­ due April 15, 1989, otherwise than on a had been consummated on that date no ity in which he is interested, the nature national securities exchange is required adjustment would have been required. of the interest of the person making the in the public interest and for the protec­ Notice is further given that any inter­ request, and the position he proposes to tion of investors; ested person may, not later than June 2, take at the hearing, if ordered. In addi­ It is ordered, Pursuant to section 15(c) 1966, at 5:30 p.m„ submit to the Com­ tion, any interested person may submit (5) of the Securities Exchange Act of mission in writing a request for a hear­ his views or any additional facts bearing 1934 that trading in such bonds be sum­ ing on the matter accompanied by a on any of the said applications by means marily suspended this order to be effec­ statement as to the nature of his inter­ of a letter addressed to the Secretary, tive for the period May 19, 1966, through est, the reason for such request and the Securities and Exchange Commission, May 28, 1966, both dates inclusive. issues of fact or law proposed to be con­ Washington 25, D.C., not later than the By the Commission. troverted, or he may request that he be date specified. If no one requests a hear­ notified if the Commission shall order a ing with respect to any particular appli­ [seal] Orval L. D tjBois, hearing thereon. Any such communica­ cation, such application will be deter­ * Secretary. tion should be addressed: Secretary, mined by order of the Commission on [F.R. Doc. 66-5630; Filed, May 23, 1966; Securities and Exchange Commission, the basis of the facts stated therein and 8:47 a.m.] Washington, D.C., 20549. A copy of such other information contained in the offi­ request shall be served personally or by cial files of the Commission pertaining mail (airmail if the person being served thereto. SMALL BUSINESS is located more than 500 miles from the For the Commission (pursuant to dele­ point of mailing) upon applicant at the gated authority). ADMINISTRATION address stated above. Proof of such [seal] Orval L. D tjB ois, [Déclaration of Disaster Area 577] service (by affidavit or in case of an at­ Secretary. torney at law by certificate) shall be filed [F.R. Doc. 66-5628; Filed, May 23, 1968; ILLINOIS 8:47 am.] contemporaneously with the request. Declaration of Disaster Area At any time after said date, as provided [File No. 1-3782] by Rule 0-5 of the rules and regulations Whereas, it has been reported that dur­ promulgated under the Act, an order dis­ GREAT AMERICAN INDUSTRIES, INC. ing the month of May 1966,' because of the effects of certain disasters, damage posing of the application herein may be Order Suspending Trading resulted to residences and business prop­ issued by the Commission upon the basis May 18,1966. erty located in Cook County in the State of the information stated in said applica­ The common stock, 10 cents par value, of Illinois; tion, unless an order for hearing upon of Great American Industries, Inc., be­ Whereas, the Small Business Admin­ said application shall be issued upon re­ ing listed and registered on the Amer­ istration has investigated and has re­ quest or upon the Commission’s own ican Stock Exchange, pursuant to pro­ ceived other reports of investigations of visions of the Securities Exchange Act conditions in the areas affected ; motion. of 1934 and the 6 percent cumulative Whereas, after reading and evaluating For the Commission (pursuant to dele­ preferred stock, Series A, $10 par value, reports of such conditions, I find that the gated authority), being traded otherwise than on a na­ conditions in such areas constitute a tional securities exchange; and catastrophe within the purview of the [seal] Orval L. D tjB ois, It "appearing to the Securities and Ex­ Small Business Act, as amended. Secretary. change Commission that the summary Now, therefore, as Executive Admin- [F.R . Doc. 66-5627; Filed, May 23, 1966; suspension of trading in such securities istrator of the Small Business Admin­ 8 :4 7 a .m .] on such Exchange and otherwise than on istration, I hereby determine that:

FEDERAL REGISTER, VO L 31, NO. 100— TUESDAY, MAY 24, 1966 NOTICES 7495

1. Applications for disaster loans under type, from Japan, exported by Sakai expanding national market. Several the provisions of section 7(b)(1) of Trading Co., Ltd., Osaka, Japan, The new plants have been established in the Small Business Act, as amended, may Kouyoh Trading Co., Ltd., Osaka, Japan, recent years. The plants which consti­ be received and considered by the Offices and Marubeni-Iida Co., Ltd., Osaka, tute the domestic industry generally of­ below indicated from persons or firms Japan, is being, or is likely to be, sold in fer > their TiO* at uniform delivered whose property, situated in the aforesaid the United States at less than fair value prices1 throughout the national market. County and areas adjacent thereto, suf­ as that term is used in the Antidumping The delivered price of domestic first- fered damage or destruction resulting Act. Accordingly, the Commission, on class TiO* of all pigment grades has con­ from a flood and accompanying condi­ February 24, 1966, instituted an investi­ tinued without change for a number of tions occurring on or-about May 11,1966. gation under section 201(a) of the Anti­ years at 27 cents per pound. Office dumping Act, 1921, as amended, to de­ The imported HO* which was pur­ termine whether an industry in the chased at less than fair value in this case S m all Business Administration Regional United States is being or is likely to be was found to be of a poorer grade than Office, 219 South Dearborn Street, Chicago, injured, or is prevented from being es­ virtually all domestic TiO* and most for­ HI., 60604. tablished, by reason of the importation eign TiO,. It cannot reasonably com­ 2. Temporary offices will be established of such merchandise into the United mand the prices charged for first-class in Northlake and Markham, addresses to States. HO, of either domestic or foreign origin. be announced locally. Public notices of the institution of the Indeed, some importers have experi­ 3. Applications for disaster loans un­ investigation and of a public hearing to enced, and are experiencing, difficulty in der the authority of this declaration will be held in connection therewith were disposing of some of their inventories of not be accepted subsequent to November published in the F ederal R egister (31 such TiO,. The 1964 and 1965 quanti­ 30,1966. FR . 3319, 4486). The hearing was held ties of the subject imports of TiO, on April 18, 1966. amounted in each case to a small frac­ Dated: May 13,1966. In arriving at a determination in this tion of 1 percent of the current annual Boss D. D avis, case, due consideration was given by the consumption of rutile in the United Executive Administrator. Commission to all written submissions States. Imports of the subject TiO, have [PR. Doc. 66-5631; Filed, May 23, 1966; from interested parties, all testimony ad­ ceased. 8:47 am .] duced at the hearing, and all informa­ Any injury that may have been suf­ tion obtained by the Commission’s staff. fered to date, and any injury that is On the basis of the investigation, the likely to be suffered in the foreseeable [Delegation of Authority 30; Rocky Mountain Commission has unanimously deter­ future, by the domestic industry by rea­ Area, Amdt. 5] ' mined that an industry in the United son of the subject imports of Japanese REGIONAL OFFICES OF ROCKY States is not being, and is not likely to TiO, is, or would be, at the most, de MOUNTAIN AREA be, injured, or prevented from being minimis. established, by reason of the importation The Commission’s determination and Delegation of Authority To Conduct of titanium dioxide, pigment grade, the above statement of reasons in sup­ Program Activities rutile type, from Japan, exported by port thereof are published pursuant to Sakai Trading Co., Ltd., Osaka, Japan, section 201(c) of the Antidumping Act, Pursuant to the authority delegated the Kouyoh Trading Co., Ltd., Osaka, 1921, as amended. to the Area Administrator by Delegation Japan, and Marubeni-Iida Co., Ltd., By the Commission. of Authority No. 30 (Revision 10), 30 Osaka,, Japan, sold at less than fair FR. 972, as amended, 30 F.R. 2742,11984, value, within the meaning of the Anti­ [seal] Donn N. B ent, 12434, and 31 F.R. 6761; Delegation of dumping Act, 1921, as amended. Secretary. Authority 30 FR. 2741, as amended, 30 Statement of reasons. Titanium di­ [FR. Doc. 66-5633; Filed, May 23, 1966; FR. 8080, 8426, 13419, and 14061, is fur­ oxide (HO,), an inert, solid, metal oxide, 8:48 a.m.] _ ther amended by the addition of Item is the major white pigment in use today I.A.14. to read as follows: in the manufacture of a variety of prod­ I . * * * ucts. It is produced in two basic types— A. Financial assistance. * * * anatase and rutile—which differ in the 14. To approve or reject the request of crystalline structure of the molecules. INTERSTATE COMMERCE an applicant to file for a disaster loan Both types are marketed in several after the period for acceptance under the grades. The various grades are pro­ COMMISSION original disaster declaration, or exten­ duced by adding small quantities of such [Notice 13511 sion thereof, has expired. compounds as aluminum oxide, silica, or * * * * * zinc oxide to improve color retention, MOTOR CARRIER TRANSFER chalking resistance, dispersibility, and PROCEEDINGS Effective dateT May 11,1966. other properties. Although there is some G eorge E. S aunders, interchangeability between grades and May 19,1966. Area Administrator, types of TiO*, each type and grade is Synopses of orders entered pursuant Rocky Mountain Area. generally designed for a particular pur­ to section 212(b) of the Interstate Com­ [PR. Doc. 66-5632; Filed, May 23, 1966; pose. merce Act, and rules and regulations 8:47 a.m.] In the United States about 60 per­ prescribed thereunder (49 CFR Part cent of all TiOa is used in the manu­ 179), appear below: facture of paint and related products As provided in the Commission’s spe­ and about 15 percent is used in paper. cial rules of practice any interested per­ TARIFF COMMISSION Other uses include the manufacture of son may file a petition seeking reconsid­ floor coverings (e.g., linoleum and simi­ [AA1921-47] eration of the following numbered pro­ lar products), rubber products, coated ceedings within 20 days from the date of titanium d io x id e f r o m ja p a n fabrics, printing inks, and plastics. publication of this notice. Pursuant to Anatase TiOa is used mainly in paper section 17(8) of the Interstate Commerce Determination of No Injury or and rutile is used mainly in paint. The Act, the filing of such a petition will post­ Likelihood Thereof subject imports consist of TiO*, pigment pone the effective date of the order in grade, rutile type, from three firms in Mat 18, 1966. Japan and references hereinafter to TiO* On February 24,1966, the Tariff Com- . 1 The term, “delivered price,” used In con­ shall mean TiO*, pigment grade, rutile junction with domestic sales of 710, means nussion was advised by the Acting Assist­ type. f.o.b. shipping point with freight allowance ant Secretary of the Treasury that ti­ The domestic industry producing TiO, to destination. Shipping losses are at the tanium dioxide, pigment grade, rutile is a rapidly growing industry with an risk of the buyer.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7496 NOTICES that proceeding pending its disposition. Daggett County, Utah, as off-route 1965, to Richards Transport, Inc., Pitts­ The matters relied upon by petition­ points; between Green River, Wyo., and burgh, Pa., authorizing the transporta­ ers must be specified in their petitions Urie, Wyo., serving no intermediate tion of: Iron and steel articles, ma­ with particularity. points, and serving the termini for the chinery, electrical equipment, iron cast­ No. MC-FC-68592. By order of May purpose of joinder only with the restric­ ings, empty reels used in transporting 17, 1966, the Transfer Board approved tion that the authority granted immedi­ wire, household goods, copper-covered the transfer to Dale Trucking, Inc., Wil­ ately above is restricted against service iron and steel articles, and sand from, to, son, Kans., of certificate in No. MC- between Salt Lake City and Ogden, or between specified points in Ohio, 106314, issued September 2,1958, to Leon Utah, on the one hand, and, on the other, Pennsylvania, West Virginia, Maryland, M. Johnson, Ellsworth, Kans., authoriz­ Green River and Rock Springs, Wyo. and New York. Arthur J. Diskin, 302 ing the transportation of: Building ma­ Lawrence A. Marty, Post Office Box 231, Frick Building, Pittsburgh, Pa., 15219, terials and agricultural implements and Green River, Wyo., attorney for appli­ attorney for applicants. parts, from Kansas, City, Mo., to Ells­ cants. [seal] H, N eil Garson, worth, Kans., and points,within 15 miles No. MC-FC-68703. By order of May Secretary. of Ellsworth; Beer, from St. Joseph, Mo., 17, 1966, the Transfer Board approved the transfer to Ivan Weaver and Gerald [P.R. Doc. 66-5659; Piled, May 23, 1966; to Ellsworth, Kans.; Empty beer con­ 8:50 a.m.] tainers, from Ellsworth, Kans., to St. R. Harmon, a partnership, doing busi­ Joseph, Mo.; Eggs, from Ellsworth, Kans., ness as Acme Van & Storage Co., Terre to Kansas City and St. Joseph, Mo.; y Haute, Ind., of the operating rights in [Revised Pf abler’s Car Distribution Direction Empty egg cases, from Kansas City and certificate No. MC-35436, issued Sep­ No. 1-A Under Service Order No. 981 ] St. Joseph, Mo., to Ellsworth, Kans.; tember 30, 1957, to Leo F. Brown, doing peed, from North Kansas City, Mo., to business as McCrocklin Moving & Stor­ LOUISVILLE & NASHVILLE RAILROAD Ellsworth, Kans.; Livestock, between age Co., Terre Haute, Ind., authorizing CO., AND CHICAGO, BURLING­ Ellsworth, Kans., and points and places the transportation, over irregular routes, TON & QUINCY RAILROAD CO. within 15 miles thereof, on the one hand, of household goods between Terre Haute, and, on the other, Kansas City, Kans., Ind., and points within 15 miles thereof, Boxcar Distribution on the one hand, and, on the other, and Kansas City and St. Joseph, Mo.; Upon further consideration of Pfahler’s Salt, from Hutchinson, Kans., to points points in Illinois, Kentucky, Michigan, Missouri, Ohio, Tennessee, and Wiscon­ Car Distribution Direction No. 1 (Louis­ within a specified area of northwestern ville & Nashville Railroad Co.; Chicago, Arkansas; Empty salt bags which have sin. Joseph P. Smith, Jr., 1811 Broad­ way, Mattoon, 111., attorney for appli- Burlington & Quincy Railroad Co.) and been used in outbound transportation good cause appearing therefor: of salt, from points in the Arkansas des­ It is ordered, That: tination territory to Hutchinson, Kans. No. MC-FC-68718. By order of May 17, 1966, the Transfer Board approved (a) Pfahler’s Car Distribution Di­ Leland M. Spurgeon, Hiatt & Spurgeon, rection No. 1 be, and it is hereby, vacated 308 Casson Building, Sixth and Topeka the transfer to Howard H. McDowell, doing business as Lucky Seven Transfer and set aside. Boulevard, Topeka, Kans., attorney for (b) Effective date: This direction shall applicants. : & Storage, 226 North Cortez Street, Pres­ cott, Ariz., of the operating rights in the become effective at 11:59 p.m., May 24, No. MC-FC-68671. By order of May certificate of registration in No. MC- 1966. 17, 1966, the Transfer Board approved 120830 (Sub-No. 1) , issued by the Com­ It is further ordered, That a copy of the transfer to E. Roscoe Willey, Inc., mission October 27, 1965, to R. V. How­ this direction shall be served upon the 015 Race Street, Cambridge, Md., of the ard and William D. Lyman, a partner­ Association of American Railroads, Car (operating rights of E. Roscoe Willey, ship, doing business as Lucky Seven Service Division, as agent of all railroads Cambridge, Md., in certificates Nos. MC- Transfer, 226 North Cortez Street, Pres­ subscribing to the car service and per 44913 and MC-44913 (Sub-No. 6), issued cott, Ariz., authorizing transportation of diem agreement under the terms of that July 25, 1962, and February 1, 1965, re­ freight, baggage, and express over the agreement; and that notice of this di­ spectively, authorizing the transporta­ public highways known as those in rection be given to the general public by tion, over irregular routes, of canned Prescott, Ariz., and vicinity, correspond­ depositing a copy in the Office of the goods, from Newark, Del., and points in ing to certificates of convenience and Secretary of the Commission in Wash­ Dorchester, Caroline, and Talbot Coun­ necessity Nos. 6302 and 3206, dated ington, D.C., and by filing it with the ties, Md., to points in New York north of January 17, 1961, issued by the Arizona Director, Office of the Federal Register. New York Highway 7, as restricted, and Corporation Commission, subject to Ari­ Issued at Washington, D.C., May 19, of feather meal, in bags, from the plant- zona General Order No. MV-12. sites of the Eastern Shore Rendering Co., 1966. No. MC—FC-68742. By order of May I nterstate Commerce and the Esrenco Truck Co., at or near 17, 1966, the Transfer Board approved Linkwood, Md., to Baltimore, Md. Commission, the transfer to Arnold R. Kemp, 3257 [seal] R. D. P fahler, No. MC-FC-68696. By order of May North 16th Street, Philadelphia, Pa., of Agent. 17, 1966, the Transfer Board approved the operating rights in certificate No. the transfer to Zip,. Inc., Salt Lake City, MC-93818, issued January 31, 1950, to [PR. Doc. 66-5660; Piled, May 23, 1966; Utah, of certificate in No. MC-59743 Irwin Gh'ckman, 5157 D Street, Phila­ 8:50 a.m.) (Sub-No. 2)., issued March 19, 1959, to delphia, Pa., authorizing transportation, Levi Riley Reed, Levi Reed, Jr., and Deri over irregular routes, of candy and con­ Reed, a partnership, doing business as [Pfahler’s Car Distribution Direction No. fections between New York and Brook­ 2-A Under ^Service Order No. 981 ] L. R. Reed & Sons Truck Line, Manila, lyn, N.Y., on the one hand, and, on the Utah, authorizing the transportation of: other, Philadelphia, Pa., and from New SEABOARD AIR LINE RAILROAD CO., General commodities, except those ,of York and Brooklyn, N.Y., to Camden, ET AL. unusual value, classes A and B explo­ N.J.; confectioneries from Philadelphia, sives, those commodities requiring the Pa., and New York, N.Y., to New Boxcar Distribution use of special equipment, and road oil, Brunswick, Newark, Jersey City, Tren­ asphalt, fuel oil, and chemicals, in bulk, ton, Union City, Bayonne, Hoboken, and Upon further consideration of in tank vehicles, between Linwood, Elizabeth, N.J.; and damaged and re­ Pfahler’s Car Distribution Direction No. Utah, and Rock Springs, Wyo., serving jected confectioneries from the above- 2 (Seaboard Air Line Railroad Co.; the intermediate point of Green River, specified destination points to Philadel­ Southern Railway Co. ; Chicago, Burling­ Wyo.; and points within 15 miles of phia, Pa., and New York. N.Y. ton & Quincy Railroad Co.) and good specified highways, and points in Dag­ No. MC-FC-68774. By order of May cause appearing therefor: gett County, Utah, as off-route points; 17, 1966, the Transfer Board approved It is ordered, That : between Linwood, Utah, and Salt Lake the transfer to Evans Trucking Co., a (a) Pfahler’s Car Distribution Direc­ City, Utah, serving the intermediate corporation, Pittsburgh, Pa., of’ cer­ tion No. 2 be, and it is hereby, vacated point of Ogden/ Utah; and points In tificate in No. MC-52464, issued May 6, and set aside.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 NOTICES 7497 (b) Effective date: This direction shallas they conflict with the provisions of (2) Regulations suspended: The oper­ become effective at 11:50 p.m., May 24, this direction, is hereby suspended. ation of all rules and regulations, insofar 1966. (3) Effective date: This direction shall as they conflict with the provisions of It is further ordered, That a copy of become effective at 12:01 aun., May 25, this direction, is hereby suspended. this direction shall be served upon the 1966. (3) Effective date: This direction shall Association of American Railroads, Car (4) Expiration date: This direction become effective at 12:01 a.m., May 25, Service Division, as agent of all railroads shall expire at 11:59 p.m., July 3, 1966, 1966. subscribing to the car service and per unless otherwise modified, changed, or (4) Expiration date: This direction diem agreement under the terms of that suspended by order of this Commission. shall expire at 11:59 p.m., July 3, 1966, agreement; and that notice of this direc­ It is further ordered, That a copy of unless otherwise modified, changed, or tion be given to the general public by this direction shall be served upon the suspended by order of this Commission. depositing a copy in the Office of the Association of American Railroads, Car It is further ordered, That a copy of Secretary of the Commission in Wash­ Service Division, as agent of all railroads this direction shall be served upon the ington, D.C., and by filing it with the subscribing to the car service and per Association of American Railroads, Car Director, Office of the Federal Register. diem agreement under the terms of that Service Division, as agent of all railroads Issued at Washington, D.C., May 19, agreement r and that notice of this direc­ subscribing to the car service and per 1966. tion be given to the general public by diem agreement under the terms of that I nterstate Commerce depositing a copy in the Office of the Sec­ agreement; and that notice of this direc­ Commission, retary of the Commission in Washing­ tion be given to the general public by [seal] R. D. P fahler, ton, D.C., and by filing it with the Di­ depositing a copy in the Office of the Agent. rector, Office of the Federal Register. Secretary of the Commission in Wash­ ington, D.C., and by filing it with the [F.R. Doc. 66-5661; Filed, May 23, 1966; Issued at Washington, D.C., May 19, 8:50 a.m.] 1966. Director, Office of the Federal Register. Interstate Commerce Issued at Washington, D.C., May 19, Commission, 1966. [Revised Pfahler’s Car Distribution Direction [seal] R. D. P fahler, I nterstate Commerce No. 3 Under Service Order No. 981] . Agent. Commission, ERIE-LACKAWANNA RAILROAD CO., [F.R. Doc. 66-5662; Filed, May 23, 1966; [seal] R. D. P fahler, AND CHICAGO & EASTERN ILLI­ 8:50 a.m.] Agent. NOIS RAILROAD CO. [F.R. Doc. 66-5663; Filed, May 23, 1966; [Revised Pfahler’s Car Distribution Direction 8:50 a.m.] Boxcar Distribution No. 4, Under Service Order No. 981 ] Pursuant to section I (15) and (17) BALTIMORE & OHIO RAILROAD CO., [Revised Pfahler’s Car Distribution Direction of the Interstate Commerce Act and AND CHICAGO & NORTH WESTERN No. 5 Under Service Order No. 981] authority vested in me by Interstate RAILWAY CO. Commerce Commission Service Order No. READING CO., ET AL. 981. Boxcar Distribution Boxcar Distribution It is ordered, That: Pursuant to section I (15) and (17) of (1) Each common carrier by railroadthe Interstate Commerce Act and au­ Pursuant to section I (15) and (17) of subject to the Interstate Commerce Act thority vested in me by Interstate Com­ the Interstate Commerce Act and au­ shall comply with the following distri­ merce Commission Service Order No. 981. thority vested in me by Interstate Com­ bution directions: It is ordered, That: merce Commission Service Order No. 981. (a) The Erie-Lackawanna Railroad (1) Each common carrier by railroad It is ordered, That: Co. shall deliver to the Chicago & East­ subject to the Interstate Commerce Act (1) Each common carrier by railroad ern Illinois Railroad Co. a weekly total shall comply with the following distribu­ subject to the Interstate Commerce Act of 175 empty plain serviceable boxcars tion directions: shall comply with the following distribu­ with inside length less than forty-four (a) The Baltimore & Ohio Railroad tion directions: feet, eight inches and doors less than 8 Co. shall deliver to the Chicago & North feet wide. Exception: Canadian owner­ (a) The Reading Co. shall deliver to Western Railway Co. a weekly total of the Western Maryland Railway Co. a ships and cars included in Service Orders 175 empty plain serviceable boxcars with Nos. 983 and 985. weekly total of 175 empty plain service­ inside length less than 44 feet 8 inches able boxcars with inside length less than It is further ordered, That the rate of and doors less than 8 feet wide. Excep­ delivery specified in this direction shall 44 feet 8 inches and doors less than 8 tion: Canadian ownerships and cars in­ feet wide. Exception: Canadian owner­ be maintained within weekly periods cluded hi Service Orders Nos. 983 and 985. ending each Sunday at 11:59 p.m., so ships and cars included in Service It is further ordered, That the rate of Orders No. 983 and 985. that at the end of each 7 days the full delivery specified in this direction shall delivery required for that period shall be maintained within weekly periods (b) The Western Maryland Railway have been made. ending each Sunday at 11:59 pun., so Co. shall deliver to the Baltimore & Ohio It is further ordered, That cars applied that at the end of each 7 days the full Railroad Co. a weekly total of 175 cars finder this direction shall be so identified delivery required for that period shall of the type described in paragraph (a). on empty car cards, movement slips, and have been made. (c) The Baltimore & Ohio Railroad interchange records as moving under the It is further ordered, That cars applied Co. shall deliver to the Chicago & North provisions of this direction. under this direction shall be so identified Western Railway Co. a weekly total of (b) The carrier delivering the empty on empty car cards, movement slips, and 175 cars of the type described in para­ boxcars as described above must advise interchange records as moving under the graph (a). Agent R. D. Pfahler each Wednesday as provisions of this direction. It is further ordered, That the rate of to the number of cars, covered by this (b) The carrier delivering the empty delivery specified in this direction shall direction, delivered during the preceding boxcars as described above must advise be maintained within weekly periods week, ending each Sunday at 11:59 p.m. Agent R. D. Pfahler each Wednesday as ending each Sunday at 11:59 p.m., so (c) The- carrier receiving the cars de­ to the number of cars, covered by this that at the end of each 7 days the full scribed above must advise Agent R. D. direction, delivered during the preceding delivery required for that period shall Pfahler each Wednesday as to the num­ week, ending each Sunday at 11:59 p.m. have been made. ber of cars received during the preced­ (c) The carrier receiving the cars de­ It is further ordered, That cars applied ing week, ending each Sunday at 11:59 P.m. scribed above must advise Agent R. D. under this direction shall be so identified Pfahler each Wednesday as to the num­ on empty car cards, movement slips, and (2) Regulations suspended: The oper­ber of cars received during the preceding interchange records as moving under the ation of all rules and regulations, insofar week, ending each Sunday at 11:59 p.m. provisions of this direction.

FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7498 NOTICES (d) The carrier delivering the empty It is further ordered, That cars applied delivery required for that period shall boxcars as described above must advise under this direction shall be so identified have been made. Agent R. D. Pfahler each Wednesday as on empty car cards, movement slips, and It is further-ordered, That cars applied to the number of cars, covered by this interchange records as moving under the under this direction shall be so identified direction, delivered during the preceding provisions of this direction. on empty car cards, movement slips, and week, ending each Sunday at 11:59 p.m. (c) The carrier delivering the empty interchange records as moving under the (e) The carrier receiving the cars boxcars as described above must advise provisions of this direction. described above must advise Agent R. D. Agent R. D. Pfahler each Wednesday as (b) The carrier delivering the empty Pfahler each Wednesday as to the num­ to the number of cars, covered by this boxcars as described above must advise ber of cars received during the preceding direction, delivered during the preceding Agent R. D. Pfahler each Wednesday as week, ending each Sunday at 11:59 p.m. week, ending each Sunday at 11:59 p.m. to the number of cars, covered by this (2) Regulations suspended: The oper­ (d) The carrier receiving the oars direction, delivered during the preceding ation of all rules and regulations, insofar described above must advise Agent R. D. week, ending each Sunday at 11:59 p.m. as they conflict with the provisions of Pfahler each Wednesday as to the num­ (c) The carrier receiving the cars de­ this direction, is hereby suspended. ber, of cars received during the preceding scribed above must advise Agent R. D. (3) Effective date: This direction shall week, ending each Sunday at 11:59 p.m. Pfahler each Wednesday as to the num­ become effective at 12:01 a.m.,, May 25, (2) Regulations suspended: The oper­ ber of cars received during the preceding 1966. ation of all rules and regulations, inso­ week-ending each Sunday at 11:59 p.m. (4) Expiration date: This direction far as they conflict with the provisions (2) Regulations suspended: The op­ shall expire at 11:59 p.m., July 3, 1966, of this direction, is hereby suspended. eration of all rules and regulations, inso­ unless otherwise modified, changed, or (3) Effective date : This direction shall far as they conflict with the provisions suspended by order of this Commission. become effective at 12:01 a.m., May 25, of this direction, is hereby suspended. It is further ordered, That a copy of 1966. ( 3 ) Effective date : This direction shall this direction shall be served upon the (4) Expiration date: This direction become effective at 12:01 a.m., May 25, Association of American Railroads, Car shall expire at 11:59 p.m., July 3, 1966, 1966. Service Division, as agent of all railroads unless otherwise modified, changed, or (4) Expiration date: This direction subscribing to the car service and per suspended by order of this Commission. shall expire at 11:59 p.m., July 3, 1966, diem agreement under the terms of that It is further ordered, That a copy of unless otherwise modified, changed or agreement; and that notice of this di­ this direction shall be served upon the suspended by order of this Commission. rection be. given to the general public Association of American Railroads, Car It is further ordered, That a copy of by depositing a copy in the Office of the Service Division, as agent of all railroads this direction shall be served upon the Secretary of the Commission in Wash­ subscribing to the oar service and per Association of American Railroads, Car ington, D.C., and by filing it with the diem agreement under the terms of that Service Division, as agent of all railroads Director, Office of the Federal Register. agreement; and that notice of this di­ subscribing to the Car service and per Issued at Washington, D.C., May 19, rection be given to the general public diem agreement under the terms of that by depositing a copy in the Office of the agreement; and that notice of this direc­ 1966. tion be given to the general public by I nterstate Commerce Secretary of the Commission in Wash­ ington, D.C., and by filing it with the depositing a copy in the office-of the Sec­ Commission, retary of the Commission in Washington, [ seal ] R. D. P fahler, Director, Office of the Federal Register. Agent. D.C., and by filing it with the Director, Issued at Washington, D.C., May 19, Office of the Federal Register. [F.R. Doc. 66-5664; Filed, May 23, 1966; 1966. 8:50 a.m.] I nterstate Commerce Issued at Washington, D.C., May 19, Commission, 1966. [Revised Pfahler’s Car Distribution Direction [seal] R. D. P fahler, I nterstate Commerce No. 6 Under Service Order No. 981] Agent. Commission, [seal] R. D. P fahler, ATLANTIC COAST LINE RAILROAD CO., [F.R. Doc. 66-5665; Filed, May 23, 1966; Agent. 8:50 a.m.] ET AL [F.R. Doc. 66-5666; Filed, May 23, 1966; 8:51a.m.] Boxcar Distribution [Revised Pfahler’s Car Distribution Direction Pursuant to section I (15) and (17) of No. 8 , Under Service Order No. 981] the Interstate Commerce Act and au­ [Pfahler’s Car Distribution Direction No. 9-A, thority vested in me by Interstate Com­ PENNSYLVANIA RAILROAD CO.r AND Under Service Order No. 981] merce Commission Service Order No. 981. SOO LINE RAILROAD CO. It is ordered, That: KANSAS CITY SOUTHERN RAILWAY (1) Each common carrier by railroad Boxcar Distribution CO., AND ATCHISON, TOPEKA & subject to the Interstate Commerce Act Pursuant to section I (15) and (17) of SANTA FE RAILWAY CO. shall comply with the following distribu­ the Interstate Commerce Act and au­ tion directions: thority vested in me by Interstate Com­ Boxcar Distribution (a) The Atlantic Coast Line Railroad merce Commission Service Order No. 981. Upon further consideration of Pfahl­ Co. shall deliver to the Gulf, Mobile & It is ordered, That: Ohio Railroad Co. a weekly total of 175 er’s Car Distribution Direction No. 9 (the (1) Each common carrier by railroad Kansas City Southern Railway Co.; the empty plain serviceable boxcars with in­ subject to the Interstate Commerce Act side length less than 44 feet 8 inches Atchison, Topeka & Santa Fe Railway shall comply with the following distribu­ Co.) and good cause appearing therefor: and doors less than 8 feet wide. Excep­ tion directions: tion: Canadian ownerships and cars in­ It is ordered, That: cluded in Service Orders Nos. 983 and (a) The Pennsylvania Railroad Co. (a) Pfahler’s Car Distribution Direc­ 985. shall deliver to the Soo Line Railroad Co. tion No. 9 be, and it is hereby, vacated (b) The Gulf, Mobile & Ohio Railroad a weekly total of 350 empty plain service­ and set aside. Co., shall deliver to the Union Pacific able boxcars with inside length less than (b) Effective date: This direction shall Railroad Co. a weekly total of 175 cars 44 feet 8 inches and doors less than 8 become effective at 11:59 p.m., May 24, of the type described in paragraph (a). feet wide. Exception: Canadian owner­ 1966. , It is further ordered, That the rate of ships and cars included in Service Orders It is further ordered, That a copy of delivery specified in this direction shall Nos. 983 and 985. this direction shall be served upon the be maintained within weekly periods It is further ordered, That the rate of Association of American Railroads, Car ending each Sunday at 11:59 p.m., so delivery specified in this direction shall Service Division, as agent of all rail­ that at the end of each 7 days the be maintained within weekly periods roads subscribing to the Kir service and full delivery required for that period ending each Sunday at 11:59 pun., so per diem agreement under the terms of shall have been made. that at the end of each 7 days the full that agreement; and that notice of this

FEDERAL REGiSTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 NOTICES 7499 direction be given to the general public [Revised Pfahler’s Car Distribution Direc­ (4) Expiration date: This direction by depositing a copy in the Office of the tion No. 10 Under Service Order No. 981 ] shall expire at 11:59 p.m„ July 3, 1966, Secretary of the Commission in Wash­ unless otherwise modified, changed, or ington, D.C., and by filing it with the KANSAS CITY SOUTHERN RAILWAY suspended by order of this Commission. Director, Office of the Federal Register. CO., AND UNION PACIFIC RAIL­ It is further ordered, That a copy of ROAD CO. this direction shall be served upon the Issued at Washington, D.C., May 19, Association of American Railroads, Car 1966. Boxcar Distribution Service Division, as agent of all rail­ I nterstate Commerce roads subscribing to the car service and Commission, Pursuant to section I (15) and (17) of the Interstate Commerce Act and au­ per diem agreement under the terms of [seal] R. D. P fahler, that agreement ; and that notice of this Agent. thority vested in me by Interstate Com­ merce Commission Service Order No. 981. direction be given to the general public [F.R. Doc. 66-5667; Filed, May 23, 1966; It is ordered, That: by depositing a copy in the Office of the 8:51 a.m.] (1) Each common carrier by railroad Secretary of the Commission in Wash­ subject to the Interstaté Commerce Act ington, D.C., and by filing it with the Director, Office of the Federal Register. [Pfahler’s Car Distribution Direction No. 7-A, shall comply with the following distribu­ Under Service Order No. 981 ] tion directions: Issued at Washington, D.C., May 19, (a) The Kansas City Southern Rail­ 1966. MISSOURI-KANSAS-TEXAS RAILROAD way Company shall deliver to the Union I nterstate Commerce CO., AND UNION PACIFIC RAIL­ Pacific Railroad Company a weekly total Commission, ROAD CO. of 175 empty plain serviceable box­ [ seal] R. D. P fahler, cars with inside length less than 44 Agent. Boxcar Distribution feet 8 inches and doors less than 8 [F.R. Doc. 66-5669; Filed, May 23, 1966; feet wide. Exception: Canadian owner­ 8:51 a.m.] Upon further consideration of Pfahl­ ships and cars included in Service Orders er’s Car Distribution Direction No. 7 Nos. 983 and 985. (Missouri-Kansas-Texas Railroad Co.; It is further ordered, That the rate of FOURTH SECTION APPLICATION Union Pacific Railroad Co.) and good delivery specified in this direction shall FOR RELIEF cause appearing therefor: be maintained within weekly periods It is ordered, That: ending each Sunday at 11:59 p.m., so M ay 19,1966. (a) Pfahler’s Car Distribution Direc­ that at the end of each 7 days the full de­ Protests to the granting of an appli­ tion No. 7 be, and it is hereby, vacated livery required for that period shall have cation must be prepared in accordance and set aside. been made. with Rule 1.40 of the general rules of (b) Effective date: This direction shall It is further ordered, That cars ap­ practice (49 CFR 1.40) and filed within become effective at 11:59 p.m., May 24, plied under this direction shall be so 15 days from the date of publication of 1966. identified on empty car cards, movement this notice in the F ederal R egister. It is further ordered, That a copy of sUps, and interchange records as moving Long- and-S hort Haul this direction shall be served upon the under the provisions of this direction. Association of American Railroads, Car FSA No. 40487—Tin or terne plate to Service Division, as agent of all rail­ (b) The carrier delivering the empty Fairfield and Greens, Ala. Filed by Illi­ roads subscribing to the car service and boxcars as described above must advise nois Freight Association, agent (No. 306), per diem agreement under the terms of Agent R. D. Pfahler each Wednesday as for interested rail carriers. Rates on tin that agreement; and that notice of this to the number of cars, Covered by this or teme plate, in carloads, from Chicago direction be given to the general public direction, delivered during the preceding and South Chicago, 111., Gary, East Chi­ by depositing a copy in the Office of the week, ending each Sunday at 11:59 p.m. cago, and Indiana Harbor, Ind., to Fair- Secretary of the Commission in Washing­ (c) The carrier receiving the cars de­ field and Greens, Ala. ton, D.C., and by filing it with the Direc­ scribed above must advise Agent R. D. Grounds for relief—Market competi­ tor, Office of the Federal Register. Pfahler each Wednesday as to the num­ tion. ber of cars received during the preceding Tariff—Supplement 16 to Illinois Issued at Washington, D.C.; May 19, week, ending each Sunday at 11:59 p.m. Freight Association, agent, tariff ICC 1966. (2) Regulations suspended: The op­ 1085. Interstate Commerce eration of all rules and regulations, inso­ Commission, far as they conflict with the provisions of By the Commission. seal d fahler [ ] R. . P , this direction, is hereby suspended.' [seal] H. N eil Garson, Agent. (3) Effective date: This direction shall Secretary. [F.R. Doc. 66-5668; Filed, May 23, 1966; become effective at 12:01 a.m., May 25, [F.R. Doc. 66-6658; Filed, May 23, 1966; ^8:51 a.m.] 1966. 8:50 a.m.]

No. 100----- 7 FEDERAL REGISTER, VOL. 31, NO. 100— TUESDAY, MAY 24, 1966 7500 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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 May.

P a g e P a g e 3 CFR 7 CFR- -Continued 14 CFR—Continued Page P roclamation: 959______6860 71—i —____.______6582, 3718— ------—------6567 965______7243 6584, 6791, 6826, 6827, 6864, 6959, 3719 ______6607 980— — ___ 6629 6960, 7031, 7112, 7171, 7172, 7217, 3720 ------6679 1098— . ______6581 7279,7351,7352,7456. 3721— —.—— — --- - - 6817 1099______6861, 7110, 7477 73______6893, 7032, 7112, 7217 3722— — —.—.—— — 6855 1421______6904, 7243, 7477 75__ 7280 3723— — ——— ------—- 6945 1427— — — — ——___ 6861, 7110 95______7112 3724______7027 1434— ______— 658297—— 6612, 6685, 6828, 6894, 7218, 7385 3725______—— 7107 1481_____ .______— ______7396 137______— 6685 Executive Order : 1490— ______— 6862151______Ü 6686 July 2, 1910 (revoked in part P roposed R ules: 208— ______— 6620 by PLO 4003 >------7351 52______6871,223______7185 6584 8389 (see EO 11281) _------7215 58______6715 320______: 6585 9969 (superseded by EO 330______7479 378 _ 6621 11281)— — — —------7215 905 ______7286, 7287P roposed R ules: 10348 (superseded by EO 906 ______— 748037— ______7084 11281)—— — — — 7215 911— ______—______- 7482 39______7148, 7354, 7483 10644 (amended by EO 916— ______6871,7482 71— ______6716, 11281)___ — ------7215 965______3 —— 6592 6717, 6837, 6838, 6873, 6908,6987, 11917 (superseded by EO 991______.___ 7397 7149, 7187. 11278)______6681 1032______6631 75—1______7085 11069 (superseded by EO 1038— _____ - 7061 105— _—— ______—____ 6988 11278) — ------—— ----- 6681 1039— __...______.______7061 121—______6592 11218 (superseded by EO 1041—-;_—______7483 246__ ——— ___ 6986 11278)— -__ —------6681 1050— — ____ _i— 6631 11277 ______— ------6609 1065—— ___— :___.___ 6873 15 CFR 11278 ______& 6681 1068___ __ —______._ 7129 30— — ___ 6587 11279— _ —-—•— 6947 1099__ __.______7129 369—______7037 11280 ______7167 1125______— — — 7062 372_i.______— ______;____ 7038 11281 _— __ —------7215 1126— ___ _— ______6631 373 ___ 6707, 7038 P residential D ocuments Other 1133— ———___ — 6986 374 ______6707 T han P roclamations and Exec­ 377_.______— ______6707 utive Orders: 8 CFR 379 __ 6709 Reorganization Plan No. 2 of 204______— 7217 382_;______6707, 6709, 7038 1966______.______——------6857 214—______— ___ .____ 6611, 7170 384______— 6709, 6864 511——————____——______7348 385—— ______— ______— 6709 5 CFR 399____ 6707, 6709, 6829, 6866, 7038, 7380 630______- ______7279,7380 9 CFR 213_;______6769, 76______7029 16 CFR ~~6859, 6903, 6949, 7169, 7351, 7379, 13______—— 7056-7059 7380. 12 CFR 772______6569, 6949 15______6866, 6906, 7225,7281, 7349 1______6826, 6905 59__ 6960 6 CFR 10 6949 70______— 7029 11 „ ______^______6950 17 CFR 12_— ____ —— ____ : .___.__ 6952 200—______6588 7 CFR 13— ______— ______6953 240___ —_____ 6705, 6706 7— ______6569 14______I______“__ 6954 P roposed R ules: 50— ______6570 15— — — —______—____ 6955 240______7289, 7484 51— ______-______— — — — 7169 16— — __— — ___ — 6955 249______— _ 7289 68. ___ 6629 208—___ — 7224 701 _ — __— ______— — 6957, 7169 220— — ____ _ 7169 18 CFR 718—— — — __ 6859,7393 522______— __ 6905 260_— ______7226 719______— 7030 524______6905 601______7114 722______6573, 6580, 6859, 7472 P roposed R ules: 606—:______7127 724 ______«____ 6819 523______7354, 7483 P roposed R ules: 729 ______- ______6581, 6957 525______— 7483 141______7287 730 _ 7472 545______7355 780______7393 561_____ 7356 19 CFR 813______- ______6819 563______7356, 7484 l ______6611 815______— ______6860 io______6769 13 CFR 905_____ :______6958 P roposed R ules: 908 _-______6825, 7030, 7109, 7394 105. 7375 1______6871 909 ______6825, 7109 121. 7375 6908 910 ______6826, 7110, 7394, 7473 20______14 CFR 915 ______7394 20 CFR 916 ______7474, 7475 39______6582, 6611 917______7241, 7242, 7348, 7476 6685, 6790, 6959^7031, 7111, 7170, 404______918______6958 7279,7351. P roposed R ules: s 944______6959 65______7455 405______- 7131, 7143 FEDERAL REGISTER 7501

21 CFR P a g e 33 CFR P a g e 43 CFR—Continued Pag0 8______7172, 7227 202______------7284 P roposed R ules: 10______7227 203______6907, 7175, 7284, 7350 1727______*_____ 6984 45__ 7375 207______— __ 6590, 6622, 6867 2221______6985 120 ______7172, 7376 208______;___ ------6707 3130______6834 121 ______6830, 7173, 7227, 7228, 7281,7282P roposed R ules: 3160____ 6836 131______- ______6705, 6906 402______7356 146c______;1______6830 45 CFR 146e______7228 35 CFR 90______7128 148______7173 255______6831 144______7463 166_____ 7174 171______7128 191______j ______6622 37 CFR 177______6591 801______Proposed R ules: 1 ______— ______7284, 7391 6591 17_. ___ 7412 2 ______46 CFR 7284 51_. ___ 6792 38 CFR 309______6891 121. ___ 7245 500______■______7180 133. 7185,7354 2— ______527 ______6770 ______7392 166. .___ 7245 9______P roposed 7175 R ules: 21------___.____ _ 6771 290______-___ 7131 24 CFR 39 CFR 510______6792, 7248 200_____ 6866 17------7391512-______6838 513______25 CFR P roposed R ules: ___ 6838 221______:_. 7283 21------6715 47 CFR Proposed R ules: 24------6715 0------_____------6627, 6831 131______7353 Ï------>_i___ 6831,6868 41 CFR 2------7235 26 CFR 5- 2------_------7391 15------; 7469 1______f ______6589, 6966 6- 1------6622 73------_*___ 6627, 6628, 6868, 7238, 7469 31______6589, 7183 6-2------6623 91------___------______7235 Proposed R ules: 6-3—------6623 95------7235 1______6966 6-5------P 6624roposed R ules : 6-7------6624 28 CFR 2------6909, 7086 6-11—------6624 73-----:------6637, o ______6867 6-30------6624 6638, 6792, 6838, 6874, 7086, 7246 6-60—------6625 87------6909, 7086 29 CFR 8-7------7178, 7350 548...... 6769 8- 12------7179, 7350 48 CFR 800_____ 6770 9- 12— ------6907 16______7032 1504____ 7430 22-60_;______6625 17______7033 30 CFR 101-19______18______7234 7034 101-26------6963, 7234 19______7034 51...... 7456 101-45______6831 31 CFR 42 CFR 49 CFR 90______6960 55------712871-79______6591 202_____ -C__ 6590 57------7376, 7378 95______6832, 7468, 7469 316______6831 81------7128 142------6964 332_____ . 6686, 6831 170_____ 7392 520______7333 43 CFR 188______6964 P ublic Land Orders: P roposed R ules: 32 CFR 5 (revoked in part by PLO 4005)_ 7462 178------___------7287, 7288 43______7228 3977 (amended by PLO 4000)_____ 6868 300______6831 3999 ______50 6907 CFR 706______6962 4000 ------6868 33------6629, 872__ ___ 7459 4001------7350 6832, 6869, 6893, 6964, 7225, 7226, 1472__ ___ 6906 4002 ______- ______7285. 7350 1810__ 6962, 7175 4003 ______60 ______7351 - ___ 6833 4004 ______7462 32A CFR P roposed R ules: 4005 ______10___ 7462______7479 BDSA (Ch. V I ) 4006 ______7462 32______7061 BDSA Reg. 2_. 6590 4007------I______7463 M-llA______34______7286 7036 4008------ft______7463 271______7244

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Now available Lyndon B. Johnson 1963-64

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