FEDERAL REGISTER VOLUME 34 • NUMBER 167 Saturday, August 30, 1969 • Washington, D.C. Pages 13899-13962
Agencies in this issue— The President Agriculture Department Atomic Energy Commission Commodity Credit Corporation Consumer and Marketing Service Emergency Preparedness Office Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration General Services Administration Immigration and Naturalization Service Interstate Commerce Commission Land Management Bureau Maritime Administration National Transportation Safety Board Post Office Department Public Health Service Securities and Exchange Commission Small Business Administration Social and Rehabilitation Service Treasury Department Veterans Administration Detailed list of Contents appears inside. Now Available
LIST OF CFR SECTIONS AFFECTED
1949-1963
This volume contains a compilation of the “List of Sections Af- f ected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been ex pressly affected by documents published in the daily Federal Reg ister are enumerated.
Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date during the period covered.
Price: $6.75
Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402
Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAL^pEGISTER Archives and Records Service, General Services Administration, 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., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mall to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op Federal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code op F ederal Regulations. Contents
EMERGENCY PREPAREDNESS FOOD AND DRUG THE PRESIDENT OFFICE ADMINISTRATION PROCLAMATION Notices Notices Lady Bird Johnson Grove Red Major disasters: Drugs for human use; certain wood National Park------13903 Louisiana; amendment------13956 short-acting systemic sulfona Ohio; amendment______13956 mides; efficacy study implemen Pennsylvania ______13956 tation ______— 13948 EXECUTIVE AGENCIES Food additive and pesticide chemi AGRICULTURE DEPARTMENT FEDERAL AVIATION cal petitions: Chemagro Corp______13949 See also Commodity Credit Cor ADMINISTRATION Dow Chemical Co. (2 docu poration; Consumer and Mar Rules and Regulations ments) ______13949 keting Service. Airworthiness directive; Beech Shell Chemical Co______13950 Notices airplanes______-- 13922 Sterling Drug, Inc______13950 Designation of areas for emer Carriage of narcotic drugs, mari gency loans: huana, and depressant and stim GENERAL SERVICES Kansas______— 13947 ulant drugs by aircraft.— 13922 ADMINISTRATION Mississippi------13947 Virginia------— 13947 FEDERAL COMMUNICATIONS Notices COMMISSION Secretary of Defense; authority ATOMIC ENERGY COMMISSION delegation______13956 Proposed Rule Making Notices Clear channel broadcasting in HEALTH, EDUCATION, AND Puerto Rico Water Resources Au standard broadcast band; ex WELFARE DEPARTMENT thority; authorization to dis tension of time——------— 13945 mantle facility__——------— 13951 Maritime services and public fixed See Food and Drug Administra State of North Dakota; agree stations in Alaska; establish tion; Public Health Service; ment regarding discontinuance ment of schedule of dates, tech Social and Rehabilitation of certain Commission regula nical standards, frequencies and Service. tory authority and responsibility other requirements for use within the State------13950 of radiotelephony, radiotelegra IMMIGRATION AND phy, and single sideband emis NATURALIZATION SERVICE COMMERCE DEPARTMENT sions on certain frequencies-----139129 See Maritime Administration. Rules and Regulations Notices Statutory and regulatory fees— 13920 COMMODITY CREDIT Christian Broadcasting Associa tion, Inc., and K & M Broad INTERIOR DEPARTMENT CORPORATION casting Co.; hearing, etc------13952 Rules and Regulations See Land Management Bureau. Tobacco export program; correc FEDERAL MARITIME tion ______13920 INTERSTATE COMMERCE COMMISSION COMMISSION CONSUMER AND MARKETING Notices Notices SERVICE Transatlantic Freight Conference; Fourth section applications for agreement filed______;------13953 Rules and Regulations re lie f______13958 Motor carriers: Dates, domestic, produced or FEDERAL POWER COMMISSION packed in California; establish Temporary authority applica ment of free and restricted per Proposed Rule Making tions ______13958 centages and withholding fac Protection and enhancement of Rerouting or diversion of traffic: tors for 1969-70 crop year______13914 natural, historic, and scenic Chesapeake and Ohio Railway Lemons grown in California and values in design, location, con C o ______13957 Arizona; handling limitation___13913 struction, and operation of proj Chicago, Rock Island and Pacific Milk handling in certain market ect works; extension of time 13946 Railroad Co______13958 ing areas: Notices Massachusetts - Rhode Island - JUSTICE DEPARTMENT New Hampshire, etc______13914 Humble Oil & Refining Co. et al.; See Immigration and Naturaliza Rio Grande Valley___...... 13919 hearing, etc ______13954 tion Service. Texas Panhandle______13917 Olives grown in California; han FEDERAL RESERVE SYSTEM dling; miscellaneous amend- ' LAND MANAGEMENT BUREAU Qients______13913 Notices Rules and Regulations Standards for grades; fruits grown Barnett National Securities Corp.; in Texas and States other approval of acquisition of bank Public land orders: than Florida, California, and stock by bank holding company. 13955 California ______13926 Arizona: Northeastern Bankshare Associa Idaho ______— 13926 Grapefruit______13905 tion; approval of application O regon______13927 O ranges______13909 under Bank Holding Company Utah (2 documents)______13926 Act ______13955 Notices Proposed Rule Making Virginia Commonwealth Bank- New Mexico; proposed classifica Fruits grown in Texas; handling: shares, Inc.; application for ap tion; correction-______13947 Grapefruit______13928 proval of acquisition of shares O ranges______* 13928 of bank ______13956 {Continue^ on next page) 13901 13902 CONTENTS
MARITIME ADMINISTRATION SECURITIES AND EXCHANGE SOCIAL AND REHABILITATION Notices COMMISSION SERVICE National Bank of Commerce of Proposed Rule Making Rules and Regulations Seattle; approval of applicant Automated trading information Medical assistance; amount, dura as trustee______13947 systems; extension of comment tion, and scope.______13927 period______13946 NATIONAL TRANSPORTATION Notices TRANSPORTATION DEPARTMENT SAFETY BOARD Liberty Equities Corp.; suspension See Federal Aviation Administra of trading______13957 tion; National Transportation Notices Safety Board. Aircraft accident near Miami, SMALL BUSINESS Fla.; investigation hearing_____ 13953 TREASURY DEPARTMENT ADMINISTRATION Notices Notices POST OFFICE DEPARTMENT Potassium chloride from West Rules and Regulations Authority delegations; Managers, Germany; determination of Disaster Branch Offices: City delivery; apartment house sales at less than fair value; Happy Jack, La______13957 correction ______13947 mail receptacles; correction____ 13924 Slidell, La______13957 General Investment Company of VETERANS ADMINISTRATION PUBLIC HEALTH SERVICE Connecticut, Inc.; surrender of license ______13957 Rules and Regulations Notices Miscellaneous amendments to Licensed biological products-^___ 13950 chapter______13924 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.
3 CFR 14 CFR 39 CFR P roclamation : 39______13922 155______13924 3925_!______^______- _____ 13903 61______16923 63______13923 41 CFR E x e c u t iv e O r d er ; 91____ 13923 April 29, 1912 (revoked in part by 121______13923 8 -3 ______13924 PLO 4677)______13926 123______13923 8 -4 ______13925 7 CFR 127____ 13923 135______——______13923 43 CFR 51 (2 documents)______13905,13909 910______13913 17 CFR P u b lic L and O rders : 932______13913 2354 (revoked in p a rt by P L O 987______13914 P roposed R u l e s : 4 679)______13926 1001 __ 13915 240___ C______Ä ______13946 4677______13926 1002 ______13915 4678 ______*______13926 1003-______13916 18 CFR 4679 ______— 13926 4680 ______13926 1004______13916 P roposed R u l e s : 1015 ______- ____ 13916 212______13946 4681-______13927 1016 __ 13917 441______13946 1132______13917 450______- _____ 13946 45 CFR 1138______13919 471______13946 249______13927 1490______13920 482______;______13946 P roposed R u l e s : 906 (2 documents)------13928 47 CFR P roposed R u l e s : 8 CFR 2______13929 103______— 13920 no _13945 204______13921 8lIII III III— III— IIIIIIIIII— 13929 242______13921 g i _13929 334______13921 341______13921 Presidential Documents
Title 3— THE PRESIDENT Proclamation 3925 LADY BIRD JOHNSON GROVE REDWOOD NATIONAL PARK By The President of the United States of America A Proclamation It is fitting that a magnificent redwood grove in Redwood National Park be dedicated in honor of Lady Bird Johnson, who has done so much to stir in the American conscience a deepened sense of unity with our national environment. Mrs. Johnson has given generously of her time and talents on behalf of the natural beauty of the land she loves so well. That beauty is uniquely expressed in the Redwood National Park established by the Act of Congress of October 2, 1968, while Mrs. Johnson was First Lady of the land. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do proclaim that the following described land within the boundaries of the Redwood National Park is hereby designated as the Lady Bird Johnson Grove:
H umboldt M erid ian That parcel of land situated in sec. 26, T. 11 N., R. 1 E., more particularly described as follows: Beginning at the northeast corner of sec. 26, T. 11 N., R. 1 E .; thence southerly along the east line of said sec. 26 to the southeast corner thereof; thence westerly along the south line of said sec. 26 to the south quarter corner thereof; thence northerly along the north-south centerline approximately 2,200 feet through forest types —> ——as depicted on National Park Service Map, XV K XV jEv NPS-RED-7114-B of Redwood National Park as referred to in Section 2 of Public Law 90-545, October 2, 1968, to its intersection with the northerly line of forest 0 0 2 . type R ’ thence easterly and northerly along the northerly line of forest type -=r- XV 03 002 1^3 and northerly along the westerly line of forest types ¿=->.37-and— to its inter- JlvJD xvJL) Jtv section with the north-south centerline of said sec. 26; thence northerly along the north-south centerline to its intersection with the north line, of said sec. 26; thence easterly along the north line of said sec. 26 to the northeast corner, the Point of Beginning. IN W ITNESS WHEREOF, I have hereunto set my hand this 27th day of August, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-fourth.
[F.R. Doc. 69-10500; Filed, Aug. 29,1969; 12: 30 p.m.]
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969
13905 Rules and Regulations
T olerances (d) Not damaged by any other cause. Sec. ~ (e) For tolerances see § 51.628. Title 7— AGRICULTURE 51.627 U.S. No. 3. Chapter I— Consumer and Marketing 51.628 Tolerances. § 51.621 U.S. No. 1. Service (Stand ard s, Inspections, Sample for Grade or Size Determination “ U.S. No. 1” consists of grapefruit Marketing Practices), Department 51.629 Sample for grade or size determina which meet the following requirements: of Agriculture tion. (a) Basic requirement: Standard Pack (1) Discoloration: (1) Not more than one-half of the PART 51— FRESH FRUITS, VEGE 51.630 Standard pack. TABLES AND OTHER PRODUCTS (IN surface, in the aggregate, may be affected Definitions SPECTION, CERTIFICATION AND by discoloration. (See § 51.638.) 51.631 Mature. (2) Firm; STANDARDS) 51.632 Similar varietal characteristics. (3) Mature; Subpart— U.S. Standards for Grades 51.633 W ell colored. (4) Similar varietal characteristics; of Grapefruit (Texas and States 51.634 Firm. (5) Fairly well colored; 51.635 W ell formed. (6) Fairly smooth texture; and, Other Than Florida, California, and 51.636 Smooth texture. (7) Fairly well formed. Arizona)1 51.637 Injury. 51.638 - Discoloration. (b) Free from: On page 11306 of the F ederal R eg ister 51.639 Fairly well colored. (1) Bruises; of July 8, 1969, there was published a 51.640 Fairly well formed. ( 2) Cuts not healed; notice of proposed rule making to revise 51.641 Fairly smooth texture. (3) Caked melanose; these grade standards by making greater 51.642 Damage. (4) Growth cracks; 51.643 Fairly firm. (5) Spray burn; use of statistical principles and pro 51.644 Slightly misshapen. cedures in determining compliance with ( 6) Decay; and, 51.645 Slightly rough texture. (7) Wormy fruit. the standards. These grade standards are 51.646 Serious damage. issued under authority of the Agricul 51.647 Slightly colored. (c) Not damaged by any other cause. tural Marketing Act of 1946 (60 Stat. 51.648 Misshapen. (d) For tolerances see § 51.628. 51.649 Slightly spongy. 1087, as amended; 7 U.S.C. 1621-1627), § 51.622 U.S. No. 1 Bright. which provides for the issuance of of 51.650 Very serious damage. 51.651 Diameter. The requirements for this grade are the ficial U.S. grades to designate different 51.652 Classification of defects. levels of quality for the voluntary use of same as for U.S. No. 1 except that no producers, buyers, and consumers. O f Metric Conversion T able fruit may have more than one-tenth of ficial grading services are also provided 51.653 Metric conversion table. its surface, in the aggregate, affected under this act upon request of any fi by discoloration. Au th o r ity: The provisions of this subpart (a) For tolerances see § 51.628. nancially interested party and upon pay issued under secs. 203, 205, 60 Stat. 1087, as ment of a fee to cover the cost of such amended, 1090 as amended; 7 U.S.C. 1622, § 51.623 U.S. No. 1 Bronze. services. 1624. Interested persons were given until G rades The requirements for this grade are July 30, 1969, to submit written data, the same as for U.S. No. 1 except that all §51.620 U.S. Fancy. views, or arguments regarding the pro fruit must show some discoloration. Not posal. No comments have been received “ U.S. Fancy” consists of grapefruit less than the number of fruits required and the proposed revised standards are which meet the following requirements: in § 51.628, Tables I and II, shall have more than one-half of their surface, in hereby adopted without change and are (a) Basic requirements: set forth below. the aggregate, affected by discoloration. (1) Discoloration: The predominating discoloration on these These standards shall become effective (1) Not more than one-tenth of the on October 1, 1969, and will thereupon fruits shall be of rust mite type. surface, in the aggregate, may be affected (a) For tolerances see § 51.628. supersede the U.S. Standards for Grape by discoloration. (See § 51.638.) fruit (Texas and States Other Than (2) Firm; § 51.624 U.S. Combination. Florida, California, and Arizona) which nave been in effect since November 3, (3) Mature; “U.S. Combination” consists of a com 1955 (7 CFR 51.620-51.658). (4) Similar varietal characteristics; bination of U.S. No. 1 and U.S. No. 2 (5) Smooth texture; grapefruit: Provided, That the number of Dated: August 26,1969. (6) Well formed; and, U.S. No. 2 fruits specified in § 51.628, (7) Well colored. Tables I and II, are not exceeded. G . R . G range, (b) Free from: Deputy Administrator, § 51.625 U.S. No. 2. Marketing Services. (1) Ammoniation; (2) Bruises; “U.S. No. 2” consists of grapefruit Grades Sec. (3) Buckskin; which meet the following requirements: (4) Cuts not healed; 51-620 U.S. Fancy. (а) Basic requirements: 51.621 U.S. No. 1. (5) Skin breakdown; (1) Discoloration: 51.622 U.s. No. 1 Bright. (6) Decay; (1) Not more than two-thirds of the 51.623 U.S. No. 1 Bronze. (7) Growth cracks; surface, in the aggregate, may be affected 51.624 U S Combination. (8) Scab; by discoloration. (See § 51.638.) 51.625 U.S No. 2. (9) Spraybum; and, (2) Fairly firm; 51.626 U.S No. 2 Russet. (10) Wormy fruit. (3) Mature; (c) Not injured by: (4) Similar varietal characteristics; ( 1) Green spots; th«PaCking the Product in conformity with (5) May be slightly colored; -Y r ^ r e m e n t e of these standards shall not (2) Oil spots; ( б) Not more than slightly misshapen; of tv,6 £ailure comply with the provisions (3) Scale; and, or w)l Pederal Fo°d> Drug and Cosmetic Act (4) Scars; and, (7) Not more than slightly rough h applicable State laws and regulations. (5) Thorn scratches. texture.
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13906 RULES AND REGULATIONS
(b) Free from: § 51.627 U.S. No. 3. (2) Decay; and, (1) Bruises; “ U.S. No. 3” consists of grapefruit (3) Wormy fruit. (2) Cuts not healed; which meet the following requirements: . (c) Not very seriously damaged by any (3) Growth cracks; (a) Basic requirements: other cause. (4) Decay; and, (1) Mature; (d) For tolerances see § 51.628. (5) Wormy fruit. (2) Similar varietal characteristics; T o ler an c es (c) Not seriously damaged by any (3) May be misshapen; other cause. (4) May be slightly spongy; § 51.628 Tolerances. (d) For tolerances see § 51.628. (5) May have rough texture; In order to allow for variations inci § 51.626 U.S. No. 2 Russet. (6) Not seriously lumpy or cracked; dent to proper grading and handling in and, each of the foregoing grades, based on The requirements for this grade are the (7) May be poorly colored. sample inspection, the number of de same as for U.S. No. 2 except that not less fective or off-size specimens in the in than the number of fruits required in (i) Not more than 25 percent of thedividual sample, and the number of de § 51.628, Tables I and II, shall have more surface may be of a solid dark green fective or off-size specimens in the lot, than two-thirds of their surface, in the color. shall be within the limitations specified aggregate, affected by discoloration. (b) Free from: in Tables I and II. No tolerance shall (a) For tolerances see § 51.628. (1) Cuts not healed; apply to wormy fruit.
T able I—Shipping Point 1
(a ) FOB 1 THROUGH 20 SAMPLES
Number of 33-count samples 3 Factor Grades A L * ------;------?------—------—------1 2 3 - 4 5 6 7 8 9 10 11 12 \3 14 15 16 17 18 19 20
Acceptance numbers (maximum permitted) 4
Decay. U.S. Fancy...... 1 U.S. No. 1...... _,__! 1 1 3 1 2 2 2 2 3 2 2 2 3 3 3 J 3 3 4 4 4 U.S. Combination.. . . 1 0 0 0 U.S. No. 2__ -J U.S. No. 3______1 0 1 «1 1 2 3 2 2 3 3 «3 3 4 4 4 3 4 5 5 5 3 5 5 Very serious damage U.S. Fancy...... 1 'including decay. U.S. No. 1...... 1 4 10 11 14 17 18 20 21 23 24 25 27 28 30 31 U.S. Combination.. . . 1 3 S ■ 8 ' 13 16 U.S. No. 2...... J Total defects including U.S. Fancy...... 1 decay and very U.S. No. 1...... l 6 5 9 12 16 19 22 26 28 31 34 37 40 44 46 49 52 55 - 58 61 64 serious damage. U.S. No. 2...... | U.S. No. 3______) U.S. Combination 21 18 33 47 62 76 90 104 119 133 147 161 174 188 202 216 230 244 257 271 285 (U.S. No.2’s permitted). Ofl-size~..... 7 5 9 12 16 19 22 25 28 31 34 37 40 44 46 49 52 55 58 61 64 Discoloration. U.S. No. 1______.-1 U.S. No. 1 Bright.....! 7 5 9 12 16 19 . 22 25 28 31 34 37 40 44 46 49 52 55 58 61 64 U.S. No. 2...... f U.S. •Combination... . 1 Acceptance numbers (minimum required) 4
U.S. No. 1 Bronze____\ 0 2 4 8 11 14 18 21 25 28 32 36 39 43 47 50 53 57 61 64 68 U.S. No. 2 Russet...... J
(B ) FOB 21 THROUGH 40 SAMPLES
Number of 33-count samples3 Factor Grades AL« 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
Acceptance numbers (maximum permitted) 4
Decay...... U.S. Fancy______1 U.S. No. 1_____ ...... 1 1 4 4 3 4 4 4 5 5 5 5 5 3 5 5 5 6 6 6 6 6 3 6 6 U.S. Combination___ U.S. No. 2...... J - U.S. No. 3...... 1 5 6 6 6 3 6 6 7 7 7 «7 7 8 8 8 «8 8 9 9 9 Very serious damage U.S. Fancy______1 including decay. U.S. No. 1...... 1 32 34 35 36 38 39 40 42 43 44 46 47 48 49 51 52 53 54 66 57 U.S. Combination___ 1 U.S. No. 2...... J 4 Total defects including U.S. Fancy...... 1 122 decay and veTy U.S. No. 1...... J 67 70 73 76 79 82 84 87 90 93 96 99 102 105 107 110 113 116 119 serious damage. U.S. No. 2__ :__. . j __ I U.S. No. 3...... J 1 ‘ 557 U.S. Combination 21 298 312 326 339 353 367 380 ’ 394 408 421 435 449 462 476 489 503 517 530 544 (U.S. No. 2’s permitted). 119 122 Ofl-size______7 67 70 73 76 79 82 84 87 90 93 96 99 102 105 107 110 113 116 Discoloration...... U.S. No. i : . . ______..11 122x U.S. No. 1 Bright...... 1 67 70 73 76 79 82 84 87 90 93 96 99 102 1Ó5 107 110 113 116 119 U.S. No. 2...... ] U.S. Combination___ J1 7 ■ __ Acceptance numbers (minimum required) 4 145 U.S. No. 1 Bronze__ .1 72 76 80 84 88 92 96 99 103 107 110 v114 118 122 126 130 134 137 141 U.S. No. 2 Russet____:|r °
1 Shipping point, as used in these standards, means the point of origin of the ship 3 Same size 33-count. . ment in the production area or at port of loading for ship stores or overseas shipments, 4 Acceptance number—maximum or minimum number of defective or on-size or in the case of shipments from outside the: continental United States, the port of permitted. entry into the United States. 3 Preferred number of samples for this acceptance number. s AL—Absolute limit permitted in individual 33-oount sample.
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13907
T able II—En R oute or at Destination
Number of 33-count samples 1 Factor Grades AL 1 8 9 10 11 12 13 14 15 16 17
Acceptance numbers (maximum permitted)* All...... 3 2 3 4 5 6 7 8 9 10 n 12 13 4 13 14 15 16 17 18 ‘ 18 19 Very serious damage U.S. Fancy...... —II other than decay. U.S. No. 1-...... -.1 3 7 8 10 11 13 14 16 17 18 20 21 23 25 27 28 30 31 U.S. No. 2. 5 24 U.S. Combination___ j1 4 Y •: fe Total defects including U.S. Fancy...... - very serious damage U.S. No. I...... 5 9 12 16 19 ,22 25 28 31 34 37 40 44 46 49 .62 55 58 61 64 other than decay. U.S. No. 2...... 1 6 .U.S. No. 3______, U.S; Combination 21 18 33 47 62 76 90 104 119 133 147 161 174 188 202 216 230 244 257 271 285 (U.S. No. 2’s per mitted). Off-Size.-.___-I-..---- 7 5 9 12 16 19 22 25 28 31 34 37 40 44 46 49 52 55 58 61 64 Discoloration...... U.S. No. I - . . . ______1 U.S. No. 1 Bright____ 6 9 -* 12 16 19 22 25 28 31 34 37 40 44 46 49 52 55 58 61 64 U.S. No. 2...... U.S. Combination___ ) 7 Acceptance numbers (minimum required) 3
U.S. No. 1 Bronze___ 2 4 8 11 14 18 25 28 32 36 39 43 47 60 53 57 61 64 63 U.S. No. 2 Russet...... } ° 21
1 Absolute limit permitted in individual 33-count sample. 3 Acceptance number—maximum or minimum number of defective or off-size 8 Sample size—33-count. fruit permitted. 4 Preferred number of samples for this acceptance number.
S am ple for G rade or S ize (d) “ Uniform in size” means that not equally objectionable variation /6f any D etermination more than the number of fruits per one of these defects, any other defect, or any combination of defects, which § 51.629 Sample for grade or size de mitted in § 51.628, Tables I and II, vary termination. more than the following amounts: slightly detracts from the appearance, (1) 64 size and smaller—hot more or the edible or marketing quality of the Each sample shall consist of 33 grape than six-sixteenths inch in diameter; fruit. fruit. When individual packages contain and, § 51.638 Discoloration. at least 33 grapefruit, the sample is (2) 54 size and larger—not more than drawn from one package; when individ nine-sixteenths inch in diameter. “Discoloration” means russeting of light shade of golden brown caused by ual packages contain less than 33 grape (e) In order to allow for variations, fruit, a sufficient number of adjoining other than sizing, incident to proper rust mite or other means. Lighter shades of discoloration caused by smooth or packages are opened to form a 33-count packing, not more than 5 percent of the sample. When practicable* at point of packages in any lot may fail to meet the fairly smooth, superficial scars or other means may be allowed on a greater area, Packaging, the sample may be obtained requirements of standard pack. from the grading belt or bins after sort or darker shades may be allowed on a ing has been completed. D e f in it io n s lesser area, provided no discoloration § 51.631 Mature. caused by speck type melanose or other S tandard P ack means may detract from the appearance § 51.630 Standard pack. “Mature” shall have the same meaning of the fruit to a greater extent than the currently assigned that term in the laws (a) Fruits shall be fairly uniform in and regulations of the State in which shade and amount of discoloration al size, unless specified as uniform in size. the grapefruit is grown ; or as the defini lowed in the grade. When packed in boxes or cartons, fruit tion of such term may hereafter be § 51.639 Fairly well colored. shall be arranged according to the ap amended. proved and recognized methods. “Fairly well colored” means that ex (b) All packages shall be tightly § 51.632 Similar varietal characteristics. cept for a 1-inch circle in the aggre Packed and well filled but the contents “Similar varietal characteristics” gate of green color, the yellow color shall not show excessive or unnecessary means that the fruits in any container predominates over the green color on bruising because of overfilled packages. are similar in color and shape. that part of the fruit which is not dis When grapefruits are packed in cartons § 51.633 Well colored. colored. £ i? wire-bound boxes, each container “Well colored” means that the fruit shall be at least level full at time of § 51.640 Fairly well formed. Packing. is yellow in color with ¡practically no trace of green color. “ Fairly well formed” means that the (c) “Fairly uniform in size” means fruit may not have the shape charac “hat not more than the number of fruits § 51.634 Firm. teristic of the variety but is not elon Permitted in § 51.628, Tables I and H, are “Firm” means that the fruit is not gated or pointed or otherwise deformed. outside the ranges of diameters given in soft, or noticeably wilted or flabby, and the following table: the skin is not spongy or puffy. § 51.641 Fairly smooth texture. § 51.635 Well formed. “Fairly smooth texture” means that T able III—1% B ushel Box “Well formed” means that the fruit the skin is not materially rough or coarse (Diameter in inches) has the shape characteristic of the and that the skin is not thick for the variety. variety. Pack size Minimum Maximum § 51.636 Smooth texture. § 51.642 Damage. 46’s- “Damage” means any specific defect ®4]s or 56’s.._ ...... “Smooth texture” means that the skin is thin and smooth for the variety and described in § 51.652, Table IV; or an jro s or 72’s...... size of the fruit. equally objectionable variation of any § 51.637 Injury. one of these defects, any other defect, or 125 s or 126’s ...... i “ Injury” means any specific defect any combination of defects, which mate ---*----— described in § 51.652, Table IV; or an rially detracts from the appearance, or
No. 167- FEDERAL REGISTER,' VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13908 RULES AND REGULATIONS the edible or marketing quality of the § 51.646 Serious damage. § 51.649 Slightly spongy. fruit. “ Serious damage” means any specific “Slightly spongy” means that the fruit § 51.643 Fairly firm. defect described in § 51.652, Table IV; is puffy or slightly wilted but not flabby. or an equally objectionable variation of “Fairly firm” means that the fruit may § 51.650 Very serious damage. be slightly soft, but not bruised, and the any one of these defects, any other de fect, or any combination of defects, “Very serious damage” means any spe skin is not spongy or puffy. which seriously detracts from the ap cific defect described in § 51.652, Table § 51.644 Slightly misshapen. pearance, or the edible or marketing IV ; or an equally objectionable variation “ Slightly misshapen” means that the quality of the fruit. of any one of these defects, any other defect, or any combination of defects, fruit is not of the shape characteristic § 51.647 Slightly colored. of the variety but is not appreciably which very seriously detracts from the elongated or pointed or otherwise “ Slightly colored” means that, except appearance, or the edible or marketing for a 2-inch circle in the aggregate deformed. quality of the fruit. of green color, the portion of the fruit § 51.645 Slightly rough texture. surface which is not discolored shows § 51.651 Diameter. “ Slightly rough texture” means that some yellow color. “Diameter” means the greatest dimen the skin is not smooth or fairly smooth § 51.648 Misshapen. sion measured at right angles to a line but is not excessively rough or exces from stem to blossom end. sively thick, or materially ridged, grooved “ Misshapen” means that the fruit is or wrinkled. decidedly elongated, pointed or flat sided. § 51.652 Classification o f defects. T able IV
Factor Injury Damage Serious damage Very serious damage
Ammoniation ...... Not occurring as light speck type...... Scars are cracked or dark and aggre- Aggregating more than 25 percent of gating more than a circle % Inch in the surface, diameter on a 70 size grapefruit. Buckskin...... Aggregating more than a circle 1 J4 Aggregating more than 25 percent of Aggregating more than 50 percent of inches in diameter on a 70 size grape- the surface. the surface. fruit. . , Caked melanose ...... <...... Aggregating more than a circle 1 inch Aggregating more than 25 percent of in diameter on a 70 size grapefruit. the surface. ■ Dryness or Affecting all segments more than 34 Affecting all segments more than M Affecting all segments more than % mushy condi- ...... inch at stem end, or the equivalent inch at stem end, or the equivalent inch at stem end, or the equivalent tion of this amount, by volume, when of this amount, by volume, when of this amount, by volume, when occurring in other portions of the occurring in other portions of the occurring in other portions of the fruit. fruit. fruit. Green spots or More than slightly affecting appear- Aggregating more than a circle 1 inch Aggregating more than a circle 1J4 oil spots. ance. in diameter on a 70 size grapefruit. inches in diameter on a 70 size grape fruit. Hail Not well healed, or aggregating Not well healed, or aggregating more Not well healed, or aggregating more Not well healed, or aggregating more more than a circle % inch in diam- than a circle M inch in diameter on than a circle % inch in diameter on than a circle 1 inch in diameter on eter on a 70 size grapefruit. a 70 size grapefruit. a 70 size grapefruit. .. a 70 size grapefruit. Scab...... -...... Materially detracts from the shape or Seriously detracts from the shape or Aggregating more than 25 percent oi texture, or aggregating more than a texture, or aggregating more than a the surface, circle J4 inch in diameter on a 70 size circle 1 inch in diameter on a 70 size grapefruit. grapefruit. , . Scale More than a few adjacent to the Blotch aggregating more than a circle Blotch aggregating more than a circle Aggregating more than 25 percent oi "button” at the stem end, or more kinchin diameter, or occurring as, a 1 inch in diameter, or occurring as a the surface, than 6 scattered on other portions ring more than a circle 1J4 Inches in ring more than a circle 13^ inches in ofthefruit. diameter on a 70 size grapefruit. diameter on a 70 size grapefruit. v Skin breakdown - - -...... Aggregating more than a circle % inch Aggregating more than a circle 54 inch Aggregating more than a circle m in diameter on a 70 size grapefruit. in diameter on a 70 size grapefruit. inches in diameter on a /u grapefruit. ... Scars ...... Depressed, not smooth, or detracts Very deep or very rough aggregating Very deep or very rough aggregating Very deep or very rough or unslgmjy from appearance more than the more than a circle 34 inch in diame- more than a circle 1 inch in diameter; that appearance is very seriousy amount of discoloration permitted ter; deep or rough aggregating more deep or rough aggregating more than affected, in the grade. than 1 inch in diameter; slightly 5 percent of fruit surface; slight depth rough or of slight depth aggregating or slightly rough aggregating more more than 10 percent of fruit surface. than 15 percent of fruit surface. All All areas based on a 70 size grape- areas based on a 70 size grapefruit. Snravburn - ...... ______Hard or aggregating Wore than a circle Aggregating more than 25 percent of ...... ’ 134 inches in diameter on a 70 size the surface. Sunburn -- Skin is flattened, dry, darkened, or Skin is hard, fruit is decidedly one- Aggregating more than 50 percent o hard, aggregating more than 25 per- sided, aggregating more than one- fruit surface. cent of fruit surface. third of fruit surface. . , Sprouting - .... More than 6 seeds are sprouted, in- More than 6 seeds are sprouted, in- More than 6 seeds arei sprouieu, ^ ...... *> ’ ■ eluding not more than 1 sprout ex- eluding not more than 2 sprouts ex- eluding not more than d spiwi tending to the rind, remainder tending to the rind, remainder extending to the rind, remamu average not over 34 inch in length, average not over V2 inch in length. average not over M inch m iengl • Thom scratches Not well healed, or more unsjghtly Not well healed, hard concentrated Not well healed, hard concentrated Aggregating more than 25 pert» than discoloration permitted in thorn injury aggregating more than thorn injury aggregating more than of the surface, the grade. a circle % inch in diameter, or slight a circle % inch in diameter, or slight scratches aggregating more than a scratches aggregating more than a circle 1 inch in diameter. All areas circle 134 inches in diameter. All areas based on a 70 size grapefruit. based on a 70 size grapefruit.
96.8 M etric C o n v e r s io n T a b le % equals— 98.4 % equals. 100.0 § 51.653’ Metric conversion table. 1 equals___ _ . 104.8 Millimeters 1% equals.. _ 109.5 Inches (mm) iy2 equals-. . 114.3 3 equals----- % equals------— 6.4 _ 120.7 3%6 equals.. 79.4 4!%e equals------% equals______— 9. 5 127.0 3%a equals.. equalsv______— ------12.7 y2 Aug. 29, 1969; 4ie equals _____ *■ — — a------!— 14.3 3%e equals. 88.9 [F.R. Doc. 69-10357; Filed, % equals______- 15.9 3*%e equals. 92.1 8:45 a.m.]
FEDERAI REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 3Q, 1969 RULES AND REGULATIONS 13909 part 51— fresh fru its, v e g e D e f i n i t i o n s (3) Mature; Sec. (4) Similar varietal characteristics; tables AND OTHER PRODUCTS (IN 51.693 Mature. (5) Well formed; SPECTION, CERTIFICATION AND 51.694 Similar varietal characteristics. ( 6) Fairly smooth texture; and, STANDARDS) 51.695 Well colored. 51.696 Firm. (7) Color: Subpart— U.S. Standards for Grades 51.697 Well formed. (i) Early and midseason varieties shall 51.698 Smooth texture. be fairly well colored. of Oranges (Texas and States Other 51.699 Injury. (ii) For Valencia and other late varie Than Florida, California, and 51.700 Discoloration. ties, not less than 50 percent, by count, Arizona)1 51.701 Fairly smooth texture. shall be fairly well colored and the re 51.702 Damage. mainder reasonably well colored. On page 11311 of the F ederal R egister Fairly well colored. 51.703 (b) Free from: of July 8, 1969, there was published a 51.704 Reasonably well colored. notice of proposed rule making to revise 51.705 Fairly firm. (1) Bruises; these grade standards by making greater 51.706 Slightly misshapen. (2) Cuts not healed; 51.707 Slightly rough texture. (3) Caked melanose; use of statistical principles and proce 51.708 Serious damage. (4) Decay; dures in determining compliance with the 51.709 Misshappen. (5) Growth cracks; standards. These grade standards are is 51.710 Slightly spongy. (6) Spray burn; sued under authority of the Agricultural Very serious damage. 51.711 (7) Undeveloped segments; and, Marketing Act of 1946 (60 Stat. 1087, as 51.712 Diameter. (8) Wormy fruit. amended; 7 U.S.C. 1621-1627), which 51.713 Classification of defects. (c) Not damaged by any other cause. provides for the issuance of official U.S. M e t r i c C o n v e r s i o n T a b l e (d) For tolerances see § 51.689. grades to designate different levels of Metric conversion table. quality for the voluntary use of pro 51.714 § 51.683 U.S. No. 1 Bright. Authority : The provisions of this subpart ducers, buyers, and consumers. Official The requirements for this grade are grading services are also provided under issued under secs. 203 , 205, 60 Stat. 1087, as amended, 1090 as amended; 7 U.S.C. 1622, the same as for U.S. No. L except that no this act upon request of any financially fruit may have more than one-tenth of interested party and upon payment of a 1624. G rades its surface, in the aggregate, affected by fee to cover the cost of such services. discoloration. Interested persons were given until § 51.681 U.S. Fancy. (a) For tolerances see § 51.689. July 30, 1969, to submit written data, “ U.S. Fancy” consists of oranges which views, or arguments regarding the pro meet the following requirements: § 51.684 U.S. No. 1 Bronze. posal. No comments have been received (a) Basic requirements: The requirements for this grade are and the proposed revised standards are (1) Discoloration: the same as for U.S. No. 1 except that all hereby adopted without change and are (1) Not more than one-tènth of the fruit must show some discoloration. Not set forth below. surface, in the aggregate, may be affected less than the number of fruits required in These standards shall become effective by discoloration. (See § 51.700.) § 51.689, Tables I and II, shall have more on October 1, 1969, and will thereupon (2) Firm; than one-third of their surface, in the supersede the U.S. Standards for Oranges (3) Mature; aggregate, affected by discoloration. The (Texas and States Other Than Florida, ( 4 ) Similar varietal characteristics ; predominating discoloration on these fruits shall be of rust mite type. California, and Arizona) which have (5) Well colored; (6) Well formed; and, § 51.685 U.S. Combination. been in effect since August 2, 1959 (7 (7) Smooth texture. CFR 51.680-51.712). (b) Free from: “ U.S. Combination” consists of a com Dated; August 26,1969. (1) Ammoniation; bination of U.S. No. 1 and U.S. No. 2 (2) Bruises; oranges: Provided, That the number of G . R . G r ang e, (3) Buckskin; U.S. No. 2 fruits specified in § 51.689, Deputy Administrator, (4) Caked melanose; Tables I and II, are not exceeded. Marketing Services. (5) Creasing; §51.686 U.S. No. 2. Grades (6) Cuts hot healed; Sec. (7) Decay; “ U.S. No. 2” consists of oranges which 51.681 U.S. Fancy. (8) Growth cracks; meet the following requirements:' 51.682 U.S. No. 1. (9) Scab; (a) Basic requirements: 51.683 U.S. No. 1 Bright. (1). Discoloration: 51.684 U.S. No. 1 Bronze. (10) Skin breakdown; 51.685 U.S. Combination. (11) Spraybum; (1) Not more than one-half of the 51.686 U.S. No. 2. (12) Undeveloped segments ; and, surface, in the aggregate, may be affected 51.687 U.S. No. 2 Russet. (13) Wormy fruit. by discoloration. (See § 51.700.) &1-688 U.S. No. 3. (c) Not injured by; (2) Fairly firm; T olerances (1) Green spots; (3) Mature; (2) Oil spots; (4) Similar varietal characteristics; 51.689 Tolerances. (3) Split navels; (5) Reasonably well colored; Sample for Grade or Size Determination (4) Rough, wide or protruding navels; (6) Not more than slightly misshapen, 51.690 Sample for grade or size determina (5) Scale; and, tion. (6) Scars; and, (7) Not more than slightly rough. (7) Thorn scratches. (b) Free from: Standard Pack (d) Not damaged by any other cause. (1) Bruises; 51.691 Standard pack for oranges except (e) For tolerances see § 51.689. (2) Cuts not healed; Temple variety. § 51.682 U.S. No. 1. (3) Decay; Standard Sizing (4) Growth cracks; and, “U.S. No. 1” consists of oranges which 51.692 Standard sizing. (5) Wormy fruit. meet the following requirements : (c) Not seriously damaged by any (a) Basic requirements: other cause. (1) Discoloration: Packing of the product in conformity with (d) For tolerances see § 51.689. (1) Not more than one-third of the hements of these standards shall not § 51.687 U.S. No. 2 Russet. of „lu re to comply with the provisions surface, in the aggregate, may be affected or Federal Foo Drug and Cosmetic Act by discoloration. (See § 51.700.) The requirements for this grade are the h applicable State laws and regulations. (2) Firm; same as for U.S. No. 2 except that not
FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13910 RULES AND REGULATIONS less than the number of fruits required ( 6) Not seriously lumpy or cracked; T o ler ances in § 51.689, Tables I and II, shall have and, § 51.689 Tolerances. more than one-half of their surface, in (7) May be poorly colored. the aggregate, affected by discoloration. (i) Not more than 25 percent of the In order to allow for variations inci surface may be of a solid dark green dent to proper grading and handling in § 51.688 U.S. No. 3. color. each of the foregoing grades, based on “ U.S. No. 3” consists of oranges which (b) Free from: sample inspection, the number of defec meet the following requirements: (1) Cuts not healed; tive or off-size specimens in the in (a) Basic requirements: (2) Decay; and, dividual sample, and the number of (1) Mature; (3) Wormy fruit. defective or off-size specimens in the lot, (2) Similar varietal characteristics; shall be within the limitations specified (3) May be misshapen; (c) Not very seriously damaged by any (4) May be slightly spongy; other cause. in Tables I and II. No tolerance shall (5) May have rough texture; (d) For tolerances see § 51.689. apply to wormy fruit. T able I—Shipping Point 1 * (A ) FOB 1 THROUGH 20 SAMPLES
Number of 50-count samples * Factor Grades AL 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Acceptance number (maximum permitted) 4
Decay...... U.S. Fancy...... U.S. No. 1...... 0 1 «1 1 2 52 2 3 3 3 4 3 3 4 4 4 4 4 6 5 5 5 U.S. No. 2...... U.S. Combination___J1 ' U.S. No. 3...... 2 0 1 2 4 2 2 4 3 3 4 4 44 5 5 «6 6 6 4 6 6 7 7 7 Very serious damage U.S. Fancy...... 1 including decay. U.S. No. 1...... 4 6 9 11 14 16 18 20 22 24 26 28 30 33 35 37 39 41 43 45 U.S. No. 2...... U.S. Combination___ Total defects including U.S. Fancy...... 1 decay and very seri- U.S. No. 1...... 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 ous damage. U.S. No. 2...... U.S. No. 3______] * U.S. Combination 29 26 48 70 91 112 134 155 176 197 218 239 260 281 301 322 343 364 384 405 425 (U.S. No. 2’s per- mitted). 85 90 94 Off-size...... 10 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 . U.S. No. 1...... 1 U.S. No. 1 Bright____ 7 12 17 22 27 32 36 41 45 50 54 59 63 68 '72 76 81 85 90 94 U.S. No. 2...... : 10 U.S. Combination___.J Acceptance number (minimum required) 1
U.S. No. 1 Bronze... 3 8 12 18 23 29 34 40 45 51 56 62 68 74 79 85 91 97 102 108 U.S. No. 2 Russet.... :} >
(B ) FOB 21 THROUGH 40 SAMPLES
Number of 50-count samples8 Factor Grades A L * 40 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 36 37 38 39
Acceptance numbers (maximum permitted) i
Decay...... —.. . U.S. Fancy...... 1 U.S. No. 1 ...... • 1 4 5 6 6 6 6 4 6 6 7 7 7 7 4 7 7 8 8 8 4 8 8 9 U.S. No. 2...... U.S. Combination___ J 12 13 U.S. No: 3...... 2 8 8 «8 8 9 9 »9 9 10 10 4 10 11 11 4 11 11 12 12 4 12 Very serious damage U.S. Fancy...... 1 83 including decay. U.S. No. 1...... 1 47 49 51 53 54 56 58 60 62 64 66 68 70 72 74 76 78 80 81 U.S. No. 2...... \ ^ U.S. Combination___ J Total defects including U.S. Fancy...... |I ... 176 decay and very U.S. No. 1...... 1 98 103 107 111 116 120 124 129 133 137 141 146 150 154 159 163 167 171 serious damage. U.S. No. 2...... 1 U.S. No. 3...... J 8 816 836 U.S. Combination 29 446 467 487 ‘608 529 549 570 590 611 631 652 672 693 713 734 754 775 795 (U.S. No. 2’s per- mitted). 171 176 180 Off-size...... 10 98 103 107 111 116 120 124 129 133 137 141 146 150 154 159 163 167 Discoloration...... U.S. No. 1...... 1I U.S. No. 1 Bright...... 98 103 107 111 116 120 124 129 133 137 141 146 150 154 159 163 167 171 176, U.S. No. 2 _ ...... - U.S. Combination____ 1 10 _—--
Acceptance number (m in im u m required) 4
220 226 U.S. No. 1 Bronze___ ' 114 119 125 131 . 137 143 149 155 161 166 172 178 184 190 196 202 208 214 U.S. No. 2 Russet...... } >
1 Shipping point, as used in these standards, means the point of origin of the ship 8 Sample size—50-count. _ . /-«n ment in the production area or at port of loading for ship stores or overseas shipments, * Acceptance number—Maximum or minimum number of defective or on-sue u or in the case of shipments from outside the continental United States, the port of permitted. entry into the Unit«! States. 4 Preferred number of samples for this acceptance number; 2 A L —Absolute limit permitted in individual 50-count sample.
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13911
T able II—En R oute ok at Destination
Number of 50-count samples 2 Factor Grades A L 1 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20
Acceptance numbers (maximum permitted)
27 Decay...... - All...... 4 3 4 6 7 9 10 11 13 14 15 16 18 19 20 21 23 24 25 26 Very serious damage U.S. Fancy...... 1 other than decay. U.S. No. 1...... 4 6 9 11 14 16 18 20 22 24 26 28 30 33 35 37 39 41 43 45 U.S. No. 2 ...... r 6 U.S. Combination.-...J Total defects including U.S. Fancy______1 very serious damage U.S. No. 1______I 8 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 other than decay. U.S. No. 2...... U.S. No. 3...... -J U.S. Combination 29 26 48 70 91 112 134 155 176 197 218 239 260 281 301 322 343 364 384 405 425 (U.S. No. 2’s permitted). Off-size____ _ - i 10 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 • 76 81 85 90 94 Discoloration...... U.S. No. 1...... 1i ; I U.S. No. 1 Bright____ 1 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 U.S. No. 2...... j U.S. Combination___ J Acceptance number (minimum required) 3
U.S. No. 1 Bronze___ 1 1 3 8 12 18 23 29 34 40 45 51 56 62 68. 74 79 85 91 97 102 108 U.S. No. 2 Russet___ J
1AL—Absolute limit, permitted in individual 50-count sample. 3 Acceptance number—maximum or minimum number of defective or off-size fruit 2 Sample size—50-count. permitted.
Sample for G rade or S ize D etermination mitted in § 51.689, Tables I and II, vary § 51.696 Firm. more than the following amounts; “Firm” as applied to common oranges, § 51.690 Sample for grade or size de (1) 163 size or smaller—not more than means that the fruit is not soft, or no termination. four-sixteenths inch in diameter; and, ticeably wilted or flabby; as applied to Each sample shall consist of 50 oranges. (2) 125 size or larger—not more than oranges of the Mandarin group (Sat-^ When individual packages contain at five-sixteenths inch in diameter. suma, King, Mandarin), means that the" least 50 oranges, the sample is drawn (e) In order to allow for variations, from one package; when individual pack fruit is not extremely puffy, although the other than sizing, incident to proper skin may be slightly loose. ages contain less than 50 oranges, a suffi packing, not more than 5 percent of the cient number of adjoining packages are packages in any lot may fail to meet the § 51.697 Well formed. opened to form a 50-count sample. When requirements of standard pack. “Well formed” means that the fruit practicable, at point of packaging, the has the shape characteristic of the sample may be obtained from the grading S tandard S iz in g belt or bins after sorting has been variety. § 51.692 Standard sizing. completed. § 51.698 Smooth texture. S tandard P ack (a) Boxes, cartons, bag packs, or bulk loads in which oranges are not packed “ Smooth texture” means that the skin § 51.691 Standard pack for oranges ex according to a definite pattern do not is thin and smooth for the variety and cept Temple variety. meet the requirements of standard pack, size of the fruit. (a) Fruit shall be fairly uniform in but may be certified as meeting the re § 51.699 Injury. size, unless specified as uniform in size, quirements of standard sizing: Provided, and shall be place packed in boxes or That the ranges are fairly uniform in “Injury” means any specific defect de cartons and arranged according to the size as defined in § 51.691; And provided scribed in § 51.713, Table IV; or an equal approved and recognized methods. further, That when packed in boxes or ly objectionable variation of any one of (b) All containers shall be tightly cartons the contents have been properly these defects, any other defect, or any packed and well filled but the contents shaken down and the container is at combination of defects, which slightly shall not show excessive or unnecessary least level full at time of packing. detracts from the appearance, or the bruising because of overfilled containers. (b) In order to allow for variations edible or marketing quality of the fr.uit. When oranges are packed in wire-bound incident to proper packing, not more § 51.700 Discoloration. boxes or cartons, each container shall be than 5 percent of the containers in any at least level full at time of packing. “Discoloration” means russeting of lot may fail to meet the requirements light shade of golden brown caused by (c) “Fairly uniform in size” means of standard sizing. that not more than the number of fruits rust mite or other means. Lighter shades Permitted in § 51.689, Tables I and II, D e f in it io n s of discoloration caused by smooth or are outside the ranges of diameters given § 51.693 Mature. fairly smooth, superficial scars or other m the following table. “Mature” shall have the same meaning means may be allowed on a greater area, currently assigned that term in the laws or darker shades may be allowed on a When packed in 1% bushel or 7Ao bushel containers) and regulations of the State in which lesser area, provided no discoloration the orange is grown; or as the definition Size and count in Count iii Diameter in inches caused by melanose or other means may bushel 7Ao bushel • of such term may hereafter be amended. affect the appearance of the fruit to a Minimum Maximum § 51.694 Similar varietal characteristics. greater extent than the shade and 100’s. amount of discoloration allowed for the 125’s_ ...... “Similar varietal characteristics” 163’s...... " * m « means that the fruits in any container grade. 200’s...... are similar in color and shape. 252’s...... — § 51.701 Fairly smooth texture. 288’s...... § 51.695 W ell colored. 324’s...... “ Fairly smooth texture” means that the ------“ Well colored” means that the fruit skin is not materially rough or coarse (d) “Uniform in size” means that not is yellow or orange in color with prac and that the skin is not thick for the ore than the number of fruits per tically no trace of green color. variety.
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13912 RULES AND REGULATIONS
§ 51.702 Damage. slightly soft, but not bruised; as applied or the edible or marketing quality of the “ Damage” means any specific defect to oranges of the Mandarin group fruit. (Satsuma, King, Mandarin) means that described in §51.713, Table IV ; or an § 51.709 Misshapen. equally objectionable variation of any the fruit is not extremely puffy or the skin extremely loose; “Misshapen” means that the fruit is one of these defects, any other defect, or decidedly elongated, pointed or flat- any combination of defects, which ma § 51.706 Slightly misshapen. sided. terially detracts from the appearance, or “Slightly misshapen” means that the § 51.710 Slightly spongy. the edible or marketing quality of the fruit is not of the shape characteristic of fruit. the variety but is not appreciably “Slightly spongy” means that the fruit § 51.703 Fairly well colored. elongated or pointed or otherwise is puffy or slightly wilted but not flabby. “Fairly well colored” means that ex deformed. §51.711 Very serious damage. cept for a one inch circle in the aggregate § 51.707 Slightly rough texture. “Very serious damage” means any of green color, the yellow or orange color “Slightly rough texture” means that specific defect described in § 51.713, predominates over the green color on that the skin is not smooth or fairly smooth Table IV ; or an equally objectionable part of the fruit which is not discolored. but is not excessively rough or excessively variation of any one of these defects, any other defect, or any combination of de § 51.704 Reasonably well colored. thick, or materially ridged, grooved or wrinkled. fects, which very seriously detracts from “Reasonably well colored” means that the appearance, or the edible or market the yellow or orange color predominates § 51.708 Serious damage. ing quality of the fruit. over the green color on at least two-thirds “Serious damage” means any specific §51.712 Diameter. / of the fruit surface in the aggregate defect described in § 51.713, Table IV; or which is not discolored. an equally objectionable variation of any “Diameter” means the greatest dimen § 51.705 Fairly firm. one of these defects, any other defect, or sion measured at right angles to a line from stem to blossom end of the fruit. “Fairly firm” as applied to common any combination of defects, which oranges, means that the fruit may be seriously detracts from the appearance, § 51.713 Classification o f defects.
T able IV
Factor Injury Damage Serious damage Very serious damage
Ammoniation...... Not occurring as light speck type______Scars are cracked or dark and aggre Aggregating more than 25 percent of gating more than a circle A inch in the surface. diameter or light colored and aggre gating more than a circle \A inches in diameter on a 200 size orange. Buckskin...... _...... _...... Aggregating more than a circle 1 inch Aggregating more than 25 percent of Aggregating more than 50 percent of in diameter on a 200 size orange. the surface. the surface. Caked melanose...... r...... Aggregating more than a circle A inch Aggregating more than 25 percent of in diameter on a 200 size orange. the surface. Creasing...... Materially weakens the skin, or ex- Seriously weakens the skin, or extends Very seriously weakens the skin, or tends over more than one-third of over more than one-half of the ' is distributed over practically the the surface. surface. entire surface. Dryness or mushy ...... -----______Affecting all segments more than 54 Affecting all segments more than 54 Affecting all segments more than % condition. inch at stem end, or the equivalent inch at stem end, or the equivalent inch at stem end, or the equivalent of this amount, by volume, when of this amount, by volume, when of this amount, by volume, when occurring in other portions of the occurring in other portions of the occurring in other portions of the fruit. fruit. fruit. Green spots oí More than slightly affecting ap- Aggregating more than a circle % Aggregating more than a circle 154 oil spots. pearance. inch in diameter on a 200 size orange. inches in diameter on a 200 size orange. Hail..... - ...... Not well healed, or aggregating more Not well héaled, or aggregating more Not well healed, or aggregating more Not well healed, or aggregating more than a circle 54 inch in diameter than a circle % inch in diameter on than a circle 54 inch in diameter on a than a circle A inch in diameter on a 200 size orange. a 200 size orange. 200 size orange. on a 200 size orange. Scab ...... Materially detracts from the shape or Seriously detracts from the shape or Aggregating more than 25 percent texture, or aggregating more than a texture, or aggregating more than a of the surface. circle % inch in diameter on a 200 circle A inch in diameter on a 200 size orange. orange. Scale . .. More than a few adjacent to the Aggregating more than a circle % inch Aggregating more than a circle % Aggregating more than 25 percent “button” at the stem end, or more in diameter on a 200 size orange. inch in diameter on a 200 size orange, of the surface. than 6 scattered on other portions of the fruit. . , . .. f Scars Depressed, not smooth, or detracts Deep, rough or hard aggregating more Deep, rough aggregatmg more than a Deep, rough or unsightly tnai ay- from appearance more than the than a circle A inch in diameter; circle H inch in diameter; slightly pearance is very seriously aneweu. amount of discoloration permitted slightly rough with slight depth rough with slight depth aggregating in the grade. - aggregating more than a circle A more than a circle 154 inches in inch in diameter; smooth or fairly diameter. All areas based on a 200 smooth with slight depth aggrega- size orange, tion more than a circle 1A inches in - diameter. All áreas based on a 200 size orange. Skin breakdown...... - ...... Aggregatmg more than a circle 54 inch Aggregating more than a circle % inch Aggregating more than 25 percent of in diameter on a 200 size orange. in diameter on a 200 size orange. the surface. , Sunburn...... Skin is flattened, dry, darkened or Affecting more than 54 of the surface, Aggregating more than 50 percent 01 hard, aggregating more than 25 per- hard, decidedly one-sided, or light the surface. cent of the surface. brown and aggregatmg more than a circle 1)4 inches in diameter on a 200 size orange. Spraybum. Hard, or aggregating more than a Aggregating more than 25 percent of circle 154 inches in diameter on a 200 the surface. size orange. Split, rough or Split is unhealed; navel protrudes Split is unhealed, or more than 54 inch Split is unheáled, or more than 54 inch Split is unhealed or fruit is seriously protruding beyond general contour; opening in length, or more than 3 well healed in length, or aggregate length of all weakened- navels. ■ is so wide, growth so folded and splits, or navel protrudes beyond splits exceed 1 inch, or navel pro ridged that it detracts noticeably the general contour, and opening is trudes beyond general contour, and from appearance. so wide, folded or ridged that it opening is so wide, folded and ridged detracts materially from appearance. that it seriously detracts from appearance. Thorn scratches... Not slight, not well healed, or more Not well healed, or hard concentrated Not well healed, or hard concentrated Aggregating more than 25 percent of unsightly them discoloration per thorn injury aggregating more than thorn injury aggregating more than the surface. mitted in the grade. a circle 56 inch in diameter on a 200 a circle % inch in diameter on a 200 size orange. size orange.
FEDERAL REGISTER) VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13913
M etric C o n v e r s io n T able hereof in the F ederal R eg ister (5 U.S.C. 932.161)1 currently effective pursuant to 553) because the time intervening be the applicable provisions of the market § 51.714 Metric conversion table. tween the date when information upon ing agreement, as amended, and Order Millimeters which this regulation is based became No. 932, as amended (7 CFR Part 932), Inches (m m ) available and the time when this regula regulating the handling of olives grown equals------6. 4 tion must become effective in order to in California. This is a regulatory pro equals------7. 9 effectuate the declared policy of the act gram effective under the Agricultural % equals------is 9. 5 insufficient, and a reasonable time is Marketing Agreement Act of 1937, as y2 equals------,------12.7 amended (7 U.S.C. 601-674) . % equals------15.9 permitted, under the circumstances, for % equals.— ------>------19.1 preparation for such effective time; and The amendments to said rules and % equals______22.2 good cause exists for making the provi regulations were unanimously recom 1 equals______25. 4 sions hereof effective as hereinafter set mended by the Olive Administrative equals------31.8forth. The committee held an open meet Committee, established under said mar 2%6 equals------55. 6 ing during the current week, after giving keting agreement and order as the 2%6 equals.------a------57.2 due notice thereof, to consider supply agency to administer the terms and pro 2%e equals------61. 9 visions thereof. 2%e equals------— - - 63. 5 and market conditions for lemons and 2%e equals------65.1 the need for regulation; interested per One amendment revises paragraph (e) 2 % equals______— 68.3 sons were afforded an opportunity to sub of § 932.150. It thus extends the provi 2!%6 equals______— ------69. 9 mit information and views at this meet sions of that section for one year by 2 % equals______74. 6 ing; the recommendation and supporting specifying a new termination date of Au 3%e equals------— 77.8 information, for regulation during the gust 31, 1970. According to the commit 3%e equals______81. 0 period specified herein were promptly tee’s recommendation, the sizes of olives 3%s equals______— ------84.1 submitted to the Department after such in the 1969-70 crop are such that the 3%a equals______i------— 87.3 3%« equals______- — 90. 5 meeting was held, the provisions of this percentage tolerances provided in para 3i%6 equals______96. 8 regulation, including its effective time, graphs (a) through (d) of § 932.150 are are identical with the aforesaid recom necessary and sufficient for efficient han [F.R. Doc. 69-10358; Piled, Aug. 29, 1969; mendation of the committee, and infor dling of the crop, and the percentage 8:45 a.m.] mation concerning such provisions and tolerances should be continued in effect. effective time has been disseminated The other amendment establishes for Chapter IX— Consumer and Market among handlers of such lemons; it is the 1969-70 crop year larger minimum ing Service (Marketing Agreements necessary, in order to effectuate the de sizes than those in § 932.153 for olives and Orders; Fruits, Vegetables, clared policy of the act, to make this that may be used currently in the pro regulation effective during the period duction of halved, sliced, chopped, and Nuts), Department of Agriculture herein specified; and compliance with minced styles of canned ripe olives. The [Lemon Regulation 389] this regulation will not require any m inim um sizes are expressed in terms of special preparation on the part of per m inim um weights for individual olives. PART 910— LEMONS GROWN IN sons subject hereto which cannot be com Such changes reflect the committee’s ap CALIFORNIA AND ARIZONA pleted on or before the effective date praisal of the 1969-70 olive crop (includ hereof. Such committee meeting was held ing the anticipated larger sizes of olives) Limitation of Handling on August 26,1969. and marketing conditions and are its § 910.689 Lemon Regulation 389. (b) Order. (1) The respective quanrecommendations for the minimum sizes (a) Findings. (1) Pursuant to the tities of lemons grown in California and of olives that will provide consumers with marketing agreement, as amended, and Arizona which may be handled during good qualityTruit and maximize returns Order No. 910, as amended (7 CFR Part the period August 31,1969, through Sep to growers pursuant to the declared pol 910), regulating the handling of lemons tember 6, 1969, are hereby fixed as icy of the act. grown in California and Arizona, effec follows: It is hereby found that amendment of tive under the applicable, provisions of (1) District 1: Unlimited movement; the said rules and regulations as herein the Agricultural Marketing Agreement- (ii) District 2: 232,500 cartons; after set forth is in accordance with the Act of 1937, as amended (7 U.S.C. 601- (iii) District 3: 1,861 cartons. provisions of the marketing agreement 674), and upon the basis of the recom (2) As used in this section, “handled,” and order, and will tend to effectuate mendations and information submitted “District 1,” “District 2,” “District 3,” the declared policy of the Agricultural by the Lemon Administrative Committee, and “ carton” have the same meaning as Marketing Agreement Act of 1937, as established under the said amended mar when used in the said amended market amended. keting agreement and order, and upon ing agreement and order. The amendments are as follows: other available information, it is hereby (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 1. Paragraph (e) of § 932.150 is revised found that the limitation of handling 601-674) as follows: of such lemons, as hereinafter provided, Dated: August 28,1969. § 932.150 Changes in the percentage will tend to effectuate the declared policy tolerances for canned whole ripe of the act by tending to establish and P a u l A . N ic h o l s o n , olives. maintain such orderly marketing condi Deputy Director, Fruit and * * * * * tions for such lemons as will provide, in Vegetable Division, Consumer the interest of producers and consumers, and Marketing Service. (e) The provisions of this section shall an orderly flow of the supply thereof terminate on August 31,1970. [F.R. Doc. 69-10488; Filed, Aug. 29, 1969; to market throughout the normal mar 8:49 a.m.] 2. The provisions of § 932.153 are re keting season to avoid unreasonable vised to read as follows: fluctuations in supplies and prices, and is not for the purpose of maintaining § 932.153 Establishment of sizes of PART 932— OLIVES GROWN IN processed olives for use in the pro Prices to farmers above the level which CALIFORNIA it is declared to be the policy of Congress duction of halved, sliced, chopped, or to establish under the act. Subpart— Rules and Regulations minced styles of canned ripe olives. (2) It is hereby further found that it is (a) The minimum sizes of processed impracticable and contrary to the public M iscellaneous A m e n d m e n t s olives of the respective variety groups interest to give preliminary notice, en Notice is hereby given of the approval that may be used in the production of gage in public rule-making procedure, of amendments, as hereinafter set forth, halved, sliced, chopped, or minced styles and postpone the effective date of this to the rules and regulations (Subpart— egulation until 30 days after publication Rules and Regulations; 7 CFR 932.108- 1 As designated in 33 F.R. 15631.
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13914 RULES AND REGULATIONS of canned ripe olives shall be not smaller Dated, August 27, 1969, to become and withholding factor, 33.3 percent; (b) than the following applicable minimum effective August 31, 1969. Zahidi variety dates: Free percentage, 80 percent; restricted percentage, 20 per sizes: P a u l A. N i c h o l s o n , cent; and withholding factor, 25 percent; (1) Variety Group 1 olives, except the Deputy Director, Fruit and (ç) Halawy variety dates: Free percent Ascolano, Barouni, and St. Agostino va Vegetable Division, Consumer age, 100 percent; restricted percentage, 0 rieties, of a size which individually weigh and Marketing Service. %8th pound: Provided, That not to ex percent; withholding factor, 0 percent; ceed 15 percent of the olives in any lot [F.R. Doc. 69-10405; Filed, Aug. 29, 1969; (d) Khadrawy variety dates: Free per may be smaller than %gth pound; 8:47 a.m.] centage, 100 percent; restricted percen- (2) Variety Group 1 olives of the As age, 0 percent; withholding factor, 0 colano, Barouni, or St. Agostino varities, PART 987— DOMESTIC DATES PRO percent. of a size which individually weigh %4oth It is further found that good cause DUCED OR PACKED IN A DESIG exists for not postponing the. effective pound: Provided, That not to exceed 15 NATED AREA OF CALIFORNIA percent of the olives in any lot may be time of this action until 30 days after smaller than %4oth pound; Establishment of Free and Restricted publication in the F ederal R egister (5 (3) Variety Group 2 olives, except the U.S.C. 553) in that: (1) The relevant Percentages and Withholding Fac provisions of said marketing agree Obliza variety, of a size which individ tors for 1969—70 Crop Year ually weigh %8oth pound: Provided, That ment and this part require that (a) free not to exceed 10 percent of the olives in Notice was published in the August 15, and restricted percentages and with holding factors established for a par any lot may be smaller than %soth 1969, issue of the F ederal R eg ister (34 pound; F.R. 13280) regarding a proposal to ticular crop year shall be applicable (4) Variety Group 2 olives of the Ob establish, for the 1969-70 crop year, free during the entire crop year to all market liza variety of a size which individually and restricted percentages and with able dates, and (b) the withholding weigh %4oth pound: Provided, That not holding factors applicable to specified obligations based on the continued regu to exceed 10 percent of the olives in any varieties of domestic dates. The crop year lation from the preceding crop year shall lot may be smaller than %4oth pound. began August 1, 1969. The establishment be adjusted to the newly established of such percentages and withholding fac percentages upon their establishment; (b) The provisions of this section shall and (2) the percentages and withholding be applicable only during the crop year tors is pursuant to the relevant provisions of the marketing agreement, as amended, factors established herein for the current ending August 31, 1970. 1969-70 crop year (which began Aug. 1, It is hereby further found that it is and Order No. 987, as amended (7 CFR Part 987). The amended marketing 1969), will apply, and adjustment there impracticable, unnecessary, and contrary to of handlers’ withholding obligations to the public interest to give preliminary agreement and order regulate the han dling of domestic dates produced or are required, automatically, with respect notice, engage in public rule-making pro to all such dates. cedure, and postpone the effective date packed in a designated area of Cali of these amendments until 30 days after fornia, and are effective under the (Secs. 1-19* 48 Stat. 31, as amended; 7 U.S.C. 601-674) publication in the F ederal R e g ister (5 Agricultural Marketing Agreement Act U.S.C. 553), and good cause exists for of 1937, as amended (7 U.S.C. 601-674). Dated: August 27,1969. making the provisions hereof effective The proposal was recommended by the Date Administrative Committee. P a u l A. N ic h o l s o n , at the time hereinafter set forth, in that Deputy Director, Fruit and ( 1) the time intervening between the The notice afforded interested persons opportunity to submit written data, Vegetable Division, Consumer date when information upon which these and Marketing Service. amendments is based became available views, or arguments on the proposal. and the time such amendments must be None were submitted within the [F.R. Doc. 69-10429; Filed, Aug. 29, 1969; come effective in order to effectuate the prescribed time. 8:49 a.m.] declared policy of the act is insufficient; After consideration of all relevant mat (2) the handling of the 1969 crop of ter presented, including that in the no Chapter X— Consumer and Marketing olives is expected to begin about Sep tice, the information and recommenda tember 1, 1969—the beginning of the tions submitted by the Committee, and Service (Marketing Agreements and crop year— and the amendment of the other available information, it is found Orders; Milk), Department of Agri rules and regulations should be in effect that to establish free percentages, re culture by that time so as to apply to the han stricted percentages, and withholding dling of olives during the entire crop factors, as hereinafter set forth, will tend MILK IN MASSACHUSETTS-RHODE year to effectuate the declared policy of to effectuate the declared policy of the ISLAND-NEW HAMPSHIRE AND the act; (3) unless otherwise provided, Act. CERTAIN OTHER MARKETING the current provisions of the sections Therefore, the free percentages, re AREAS being amended will by their terms ter stricted percentages, and withholding minate on August 31, 1969, and will not factors, for the 1969-70 crop year, ap Order Amending Orders be applicable to such crop; (4) compli plicable to marketable dates are, pur Findings and determinations. The ance with the amended rules and regu suant to §§ 987.44 and 987.45, established ¡findings and determinations herein lations will require of handlers no special as follows: after set forth are supplementary and preparation therefor which cannot be in addition to the findings and determi completed by the effective time hereof; § 987,217 Free and restricted percent ages, and withholding factors.1 nations previously made in connection (5) in order to facilitate the handling with the issuance of each of the afore of the 1969 crop the industry should The various free percentages, re said orders and of the previously issued have knowledge of the revised require stricted percentages, and withholding amendments thereto; and all of said ments,Contained in the amendments, as factors applicable to marketable dates of previous findings and determinations are soon as possible; and ( 6) the amend each variety shall be, for the crop year hereby ratified and affirmed, except in ments were unanimously recommended beginning August 1, 1969, and ending sofar as such findings and determinations by members of the Olive Administrative July 31,1970, as follows: (a) Deglet Noor may be in conflict with the findings and Committee after an open- meeting on variety dates: Free percentage, 75 per determinations set forth herein. The fol August 15, 1969, at which all interested cent; restricted percentage, 25 percent; lowing findings are hereby made with persons were afforded an opportunity to respect to each of the aforesaid orders. submit their views. 1 The Date Administrative Committee in (a) Findings upon the basis of t"* (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. cluded no countries other than the United hearing record. Pursuant to the pro 601-674) States and Canada in trade demand. visions of the Agricultural M ark etin g
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13915
Agreement Act of 1937, as amended (7 R eg ist e r . (Sec. 553(d), Administrative 21, shall be $6.91 plus any amount by U.S.C. 601 et seq.), and the applicable Procedure Act, 5 U.S.C. 551-559.) which the average price per hundred rules of practice and procedure govern (c) Determinations. It is hereby deterweight for manufacturing grade milk ing the formulation of marketing agree - mined that: f .o.b. plants in Wisconsin and Minnesota, ments and marketing orders (7 CFR Part (1) The refusal or failure of handlers as reported by the U.S. Department of 900), a public hearing was held upon cer (excluding cooperative associations spec Agriculture for the preceding month, on tain proposed amendments to the tenta ified in section 8c(9) of the Act) of more a 3.5 percent butterfat basis, exceeds tive marketing agreement and to the or than 50 percent of the milk, which is $4.33. der regulating the handling of milk in marketed within the marketing area, to 3. Section 1001.66 is revised to read as the above designated marketing area. sign a proposed marketing agreement, follows: Upon the basis of the evidence intro tends to prevent the effectuation of the duced at such hearing and the record declared policy of the Act; § 1001.66 Factors used in formulas. thereof, it is found that: (2) The issuance of this order, amend If, for any reason, a price specified in (1) The said order as hereby amended, ing the order, is the only practical means this part for use in computing class and all of the terms and conditions pursuant to the declared policy of the prices or for other purposes is n ot're thereof, will tend to, effectuate the de Act of advancing the interests of pro ported or published in the manner clared policy of the Act; ducers as defined in the order as herein described in this part, the market ad (2) The parity prices of milk, as deter amended; and ministrator shall use one determined by mined pursuant to section 2 of the Act, (3) Thé issuance of the order amend the Secretary to be equivalent to the are not reasonable in view of the price ing the order is approved or favored by price which is specified. of feeds, available supplies of feeds, and at least two-thirds of the producers who 4. In § 1001.71, paragraph (b) is re other economic conditions which affect during the determined representative vised to read as follows: market supply and demand for milk in period were engaged in the production the said marketing area, and the mini of milk for sale in the marketing area. § 1001.71 Butterfat differential. mum prices specified in the order as Order relative to handling. It is there * * * ♦ * hereby amended, are such prices as will fore ordered, that on and after the effec (b) Multiply by 0.115 and round to reflect the aforesaid factors, insure a suf tive date hereof, the handling of milk in the nearest even one-tenth cent the ficient quantity of pure and wholesome the respective designated marketing simple average of the daily wholesale milk, and be in the public interest; areas shall be in conformity to and in selling prices per pound (using the mid (3) The said order as hereby amended, compliance with the terms and condi point of any price range as one price) regulates the handling of milk in the tions of the aforesaid orders, as amended reported during the period between the same manner as, and is applicable only and as hereby amended, as follows: 16th day of the preceding month and to persons in the respective classes of the 15th day inclusive of the current Industrial or commercial activity speci PART > 1001— MILK IN MASSA- month by the U.S. Department of fied in, a marketing agreement upon CHUSETTS-RHODE ISLAND-NEW Agriculture for Grade A (92-score) bulk which a hearing has been held; and HAMPSHIRE MARKETING AREA creamery butter in the New York City (4) With respect to the New York-New market. Jersey order (Part 1002), it is hereby 1. In § 1001.32, paragraph (j) is re found that the necessary expense of the vised to read as follows: market administrator for the mainte PART 1002— MILK IN NEW YORK- § 1001,32 Duties. NEW JERSEY MARKETING AREA nance and functioning of such agency * * * * * will require the payment by each handler, (j) He shall publicly announce (by 1. In § 1002.22, paragraph (m ) is re as his pro rata share of such expense, 4 vised to read as follows: cents per hundredweight or such amount posting in a conspicuous place in his of not to exceed 4 cents per hundredweight fice and by such other means as he deems § 1002.22 Duties. as the Secretary may prescribe, with re appropriate) : * * * * * spect to the total quantity of pool milk (1) By the 5th day of the month: (m) On or before the date specified, or received from dairy farmers at plants or (1) The Class I price for the current the next succeeding work day in any from farms in a unit operated by such month; month in which such date is a Sunday handler, directly or at the instance of a (ii) The Class II price for the precedingor holiday, publicly announce the cooperative association of producers. month, as computed under § 1001.61; following: (b) Additional findings. It is necessary (2) By the 13th day of each month, (1) The 5th day of each month: in the public interest to make this order (i) The Class I price for the current amending the order, effective not later the zone blended prices resulting from the adjustment of the basic blended month and the Class n price for the than September 1, 1969. Any delay be preceding month computed pursuant to yond that date would tend to disrupt the price for the preceding month, as com puted under § 1001.65, by the zone differ § 1002.50, both as applicable at the 201- orderly marketing of milk in the market 210-mile zone and at the 1-10-mile zone; ing area. entials contained in § 1001.62(d) ; (3) By the 25th day of each month the (ii) The butterfat differential for the The provisions of the said order are preceding month computed pursuant to known to handlers. The recommended butterfat differential computed pursu § 1002.81; ant to § 1001.71(b); and decision of the Deputy Administrator, (iii) The simple average of the daily Regulatory Programs, was issued Au- (4) Whenever required for purpose of wholesale selling price per pound (using J “ * i> 1969, and the decision of the assigning receipts from other Federal the midpoint of any price range as one Assistant Secretary containing all order plants under § 1001.56(b), his esti price) reported by the U.S. Depart amendment provisions of this order, mate of the utilization (to the nearest ment of Agriculture for Grade A or 92- was issued August 20, 1969. The whole percentage) in each class during score bulk creamery butter in New York flanges effected by this order will the month of butterfat and skim milk, City for the period between the 16th day extensive preparation or respectively, in producer milk of all han of the second preceding month and the substantial alteration in method of dlers. Such estimate shall be based upon 15th day inclusive of the preceding operation for handlers. In view of the the most current available data and shall month; is herefey found and deter be final for such purpose. (iv) -The average price per hundred mined that good cause exists for m ak in g 2. Section 1001.60 is revised to read weight for manufacturing grade milk, s order amending the order effective as follows: f .o.b. plants in Wisconsin and Minnesota, as reported by the U.S. Department of Ptember 1, 1969, and that it would be § 1001.60 Class I price. contrary to the public interest to delay Agriculture for the preceding month; The Class I price per hundredweight c effective date of this order for 30 (v) The simple average of the daily of milk containing 3.5 percent butterfat, wholesale selling prices (using the mid ays after its publication in the Federal for the month, at plants located in zone point of any price range as one price) of
No. 167---- 3 FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13916 RUL€S AND REGULATIONS
Grade A (92-score) bulk creamery butter § 1003.81 Producer butterfat differen 4. Section 1004.81 is revised to read as per pound at Chicago, as reported by the tial. follows: U.S. Department of Agriculture for the In making payments pursuant to § 1004.81 Butterfat differential to pro- preceding month. § 1003.80 (a) or (b) the uniform price ’ ducers. (vi) The weighted average of carlot shall be adjusted for each one-tenth of The uniform price to each producer prices per pound for nonfat dry milk 1 percent of butterfat content in the solids, spray process, for human con shall be increased or decreased for each milk of each producer above or below one-tenth of 1 percent by which the sumption, f.o.b. manufacturing plants in 3.5 percent, as the case may be, by a the Chicago area, as published by the average butterfat content of his milk is butterfat differential as computed pur above or below 3.5 percent, respectively, U.S. Department of Agriculture for the suant to § 1003.51. period from the 26th day of the second by the butterfat differential computed preceding month through the 25th day pursuant to § 1004.51. of the preceding month. PART 1004— MILK IN DELAWARE (2) The 15th day of each month, the VALLEY MARKETING AREA PART 1015— MILK IN CONNECTICUT uniform price for the preceding month 1. In § 1004.22, paragraph (j) is re MARKETING AREA pursuant to § 1002.71 applicable at the vised to read as follows: 201- 210-mile zone and at the 1- 10-mile 1. In § 1015.32, paragraph (g) is re zone pursuant to § 1002.82. § 1004.22 Duties. vised to read as follows: 2. In § 1002.50, paragraph (b) is re ***** § 1015.32 Duties. voked and the designation “ (b )” is re (j) On or before the date specified, * * * * * served for future assignment; paragraph publicly announce by posting in a con (g) He shall publicly announce (by (a) is revised; and the remaining para spicuous place in his office and by such posting in a conspicuous place in his graphs are unchanged. Section 1002.50, other means as he deems appropriate, office and by such other means as he as revised, reads as follows: the following: deems appropriate): § 1002.50 Class prices. (1) The 5th day of each month: (1) By the 5th day of the month: (1) The Class I price for the current * * * * * month computed pursuant to § 1004.50 (1) The Class I price for the current month; (a) For Class I-A milk the price each (a); month shall be $6.73 plus any amount by (ii) The Class n price computed pur (ii) The Class I I price and butterfat which the average price per hundred suant to § 1004.50(b) and the handler differential for the preceding month, as weight for manufacturing grade milk butterfat differential computed pursuant computed under §§ 1015.61 and 1015.71, f.o.b. plants in Wisconsin and Minne to § 1004.51, both for the preceding respectively; sota, as reported by the U.S. Depart month; (2) By the 14th day of each month ment of Agriculture for the preceding (2) The 13th day of each month, the the basic uniform price for the preceding month, on a 3.5 percent butterfat basis, uniform price (s) computed pursuant to month computed under § 1015.64 and the exceeds $4.33. §§ 1004.71 and 1004.72 and the butter zone uniform prices resulting from the (b) [Reserved] fat differential to producers computed adjustment of the basic uniform price by the zone price differentials under * * * * * pursuant to § 1004.81, both for the pre ceding month. § 1015.62; and § 1002.81 [Am ended] (3) Whenever required for purpose of 3. The provision “ 0.120” as it appears 2. In § 1004.50, paragraph (a) is re assigning receipts from other Federal in § 1002.81 is revoked and the provision vised to read as follows: order plants pursuant to § 1015.55(c) (2), “ 0.115” is substituted thereat. § 1004.50 Class prices. his estimate of the utilization (to the § 1002.90 [Am ended] ***** nearest whole percentage) in each class during the month of skim milk and but 4. The provision “ 2 cents” as it appears (a) Class I milk. The price per hun dredweight of Class I milk shall be $7.17 terfat, respectively, in producer milk of in § 1002.90 is revoked and the provision all handlers. Such estimate shall be based “ 4 cents” is substituted thereat. plus any amount by which the average price per hundredweight for manufac upon the most current available data and turing grade milk, f.o.b. plants in Wis shall be final for such purpose. PART 1003— MILK IN WASHINGTON, consin and Minnesota, as reported by the 2. Section 1015.60 is revised to read as D.C., MARKETING AREA U.S. Department of Agriculture for the follows: preceding month on a 3.5 percent but § 1015.60 Class I price. 1. Section 1003.51 is revised to read as terfat basis, exceeds $4.33. The Class I price per hundredweight follows: 3. Section 1004.51 is revised to read of milk containing 3.5 percent butterfat, § 1003.51 Butterfat differential to han as follows: for the month, at plants located in the dlers. nearby plant zone under § 1015.62, shall § 1004.51 Butterfat differential to han be $7.31 plus any amount by which the For milk containing more or less than dlers. 3.5 percent butterfat, the applicable class average price per hundredweight for price pursuant to § 1003.50 shall be in For milk containing more or less than manufacturing grade milk, f.o.b. plants creased or decreased, respectively, for 3.5 percent butterfat, the applicable class in Wisconsin and Minnesota, as reported each one-tenth of 1 percent butterfat price pursuant to § 1004.50 shall be in by the U.S. Department of Agriculture by a butterfat differential computed as creased or decreased, respectively, for for the preceding month on a 3.5 percent follows: Multiply by 0.115 and round to each one-tenth of a percent butterfat butterfat basis, exceeds $4.33. the nearest even one-tenth cent the sim by a butterfat differential computed as •3. Section 1015.65 is revised to read as ple average of the daily wholesale sell follows: Multiply by 0.115 and round to follows: the nearest even one-tenth cent the sim ing prices per pound (using the midpoint § 1015.65 Factors used in formulas. of any price range as one price) reported ple average of the daily wholesale selling during the period between the 16th day prices per pound (using the midpoint of If, for any reason, a price specified in of the preceding month and the 15th day any price range as one price) reported this part for use in computing class prices inclusive of the current month by the during the period between the 16th day or for other purposes is not reported or U.S. Department of Agriculture for of the preceding month and the 15th day published in the manner described in Grade A (92-score) bulk creamery butter inclusive of the current month by the this part, the market administrator shall in the New York City market. U.S. Department of Agriculture for use one determined by the Secretary to 2. Section 1003.81 is revised to read as Grade A (92-score) bulk creamery butter be equivalent to the price which » follows: in the New York City market. specified.
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13917
4. Section 1015.71 is revised to read as [Milk Order 132] foregoing, it is hereby found and deter follows: mined that good cause exists for making PART 1132— MILK IN TEXAS this order amending the order effective § 1015.71 Butterfat differential. PANHANDLE MARKETING AREA September 1, 1969, and that it would be In making the payments to producers contrary to the public interest to delay and cooperative associations required Order Amending Order the effective date of this amendment under § 1015.70 or for overages under Findings and determinations. The for 30 days after its publication in the § 1015.63(d) , each handler shall add or findings and determinations hereinafter F ederal R egister. (Sec. 553(d), Admin subtract for each one-tenth of 1 percent set forth are supplementary and in ad istrative Procedure Act, 5 U.S.C. 551- that the average butterfat content of dition to the findings and determinations 559.) milk received from producers or the over previously made in connection with the (c) Determinations. It is hereby de age is above or below 3.5 percent, respec issuance of the aforesaid order and of termined that: tively, an amount per hundredweight the previously issued amendments (1) The refusal or failure of handlers which shall be computed by the market thereto; and all of the said previous (excluding cooperative associations administrator as follows: Multiply by findings and determinations are hereby specified in section 8c (9) of the Act) of 0.115 and round to the nearest even one- ratified and affirmed, except insofar as more than 50 percent of the milk, which tenth cent the simple average of the daily such findings and exterminations may be is marketed within the marketing area, wholesale selling prices per pound (using in conflict with the findings and deter to sign a proposed marketing agreement, the midpoint of any price range as one minations set forth herein. tends to prevent the effectuation of the price) reported during the period be (a) Findings upon the basis of the declared policy of the Act; tween the 16th day of the preceding hearing record. Pursuant to the provi (2) The issuance of this order, amend month and the 15th day inclusive of the sions of the Agricultural Marketing ing tile order, is the only practical means current month by the U.S. Department Agreement Act of 1937, as amended (7 pursuant to the declared policy of the of Agriculture for Grt.de A (92-score) Act of advancing the interests of pro bulk creamery butter in the New York U.S.C. 601 et seq.), and the applicable rules of practice and procedure governing ducers as defined in the order as hereby City market. the formulation of marketing agreements amended; and and marketing orders (7 CFR Part 900), (3) The issuance of the order amend PART 1016— MILK IN UPPER CHESA a public hearing was held upon certain ing the order is approved or favored by at PEAKE BAY (MARYLAND) MAR proposed amendments to the tentative least two-thirds of the producers who KETING AREA marketing agreement and to the order during the determined representative regulating the handling of milk in the period were engaged in the production 1. Section 1016.51 is revised to read as Of milk for sale in the marketing area. follows: Texas Panhandle marketing area. Upon the basis of the evidence introduced at Order relative to handling. It is there § 1016.51 Butterfat differential to han such hearing and the record thereof, it is fore ordered that on and after the effec dlers. found that: tive date hereof, the handling of milk For milk containing more or less than (1) The said order as hereby amended, in the Texas Panhandle marketing area 3.5 percent butterfat, the applicable and all of the terms and conditions shall be in conformity to and in compli class prices pursuant to § 1016.50 shall thereof, will tend to effectuate the de ance with the terms and conditions of be increased or decreased, respectively, clared policy of the Act; the aforesaid order, as amended, and for each one-tenth of 1 percent butter (2) The parity prices of milk, as de as hereby further amended, as follows: fat by a butterfat differential computed termined pursuant to section 2 of the 1: Section 1132.7 is revised as follows: as follows: Multiply by 0.115 and round Act, are not reasonable in view of the § 1132.7 Producer. to the nearest even one-tenth cent the price of feeds, available supplies of feeds, simple average of the daily wholesale “Producer” means any person, other and other economic conditions which than a producer-handler as defined in selling prices per pound (Using the mid affect market supply and demand for point of any price range as one price), any order (including this part) issued milk in the said marketing area, and the pursuant to the Act, who produces milk reported during the period between the minimum prices specified in the order as 16th day of the preceding month and the in compliance with Grade A inspection hereby amended, are such prices as will requirements of a duly constituted health 15th day inclusive of the current month reflect the aforesaid factors, insure a by the Department of Agriculture for authority, which milk is (a) received at sufficient quantity of pure and whole a pool plant, or (b) diverted from a pool Grade A (92-score) bulk creamery butter some milk, and be in the public interest; in the New York City market. plant to a nonpool plant as producer (3) The said order as hereby amended, milk. 2. Section 1016.81 is revised to read regulates the handling of milk in the as follows: same manner as, and is applicable only 2. Section 1132.10 is revised as follows: §1016.81 Producer butterfat differen to persons in the respective classes of §1132.10 Pool plant. tial. industrial or commercial activity speci “Pool plant” means a plant described fied in, a marketing agreement upon in paragraph (a) or (b) of this section, !n making payments pursuant to which a hearing has been held. §1016.80 (a) or (b) the uniform prices subject to paragraph (c) of this section. (b) Additional findings. (1) It is neces (a) A distributing plant from which a shall be adjusted for each one-tenth of sary in the public interest to make this volume of Class I milk: 1 percent of butterfat content in the order amending the order effective not (1) Not less than 50 percent of the milk of each producer above or below later than September 1, 1969. Any delay Grade A milk received at such plant from 3.5 percent, as the case may be, by a beyond that date would tend to disrupt dairy farmers, from cooperative associa the orderly marketing of milk in the tion handlers pursuant to § 1132.12(c), butterfat differential as computed pur marketing area. suant to § 1016.51. and from other plants, is disposed of dur (2) The provisions of the said order ing the month on routes (including !®ecs- 1-19. 48 Stat. 31, as amended; 7 U.S.C. are known to handlers. The recommend 601- 674) routes operated by vendors) or through ed decision of the Deputy Administrator plant stores to retail or wholesale outlets Effective date: September 1, 1969. was issued August 1, 1969, and the de (except pool plants); and cision of the Assistant Secretary con (2) Not less than 15 percent of such Signed at Washington, D.C., on Au taining all amendment provisions of this gust 27,1969. receipts, or an average of not less than order was issued August 21, 1969. TJie 10,000 pounds per day, whichever is less, R ich ard E. L y n g , changes effected by this order will not is so disposed of to such outlets in the Assistant Secretary. require extensive preparation or sub marketing area. IF.R. Doc. 69-10408; Piled, Aug. 29, 1969; stantial alteration in method of oper (b) A supply plant from which the 8:48 a.m.] ation for handlers. In view of the volume of fluid milk products shipped
FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13918 RULES AND REGULATIONS during the month to pool plants qualified from producers’ farms in excess of the (6) The utilization of all skim milk pursuant to paragraph (a) of this section quantity delivered to pool plants. Such and butterfat required to be reported is not less than 50 percent of the Grade milk shall be priced to the cooperative pursuant to this section, including a A milk received at such plant from dairy association at the location of tire pool separate statement of the disposition of farmers and from cooperative association plant to which most of the milk in the Class I milk outside the marketing area. handlers pursuant to § 1132.12(c) dur tank truck was delivered during the (b) Each cooperative association shall ing such month: Provided, That if such month. report with respect to milk for which it shipments are not less than 75 percent of (d) Diverted milk is producer milk inis a handler pursuant to § 1132.12 (b) the receipts of Grade A milk at such any month only to the extent it meets and (c) : plant during the immediately preceding conditions set forth in this paragraph: (1) Skim milk and butterfat in milk period of September through November, (1) It is claimed as producer milk by received by such cooperative association such plant may, upon written application the diverting handler in his report filed from producers’ farms; to the market administrator on or before pursuant to § 1132.30; (2) The quantities of such skim milk March 1 of any year, be designated as a (2) It is milk received from a dairy and butterfat delivered to each pool pool plant for the months of March farmer who had producer status imme plant and each nonpool plant; and through June of such year. diately prior to such diversion; (3) The utilization of skim milk and butterfat delivered to a nonpool plant. (c) I f a portion of a plant is physically (3) It is not in excess of 15 days’ pro apart from the Grade A portion of such duction of each producer during any of 7. Section 1132.41(b)(5) is revised as plant, is operated separately and is not the months July through February; and follows : approved by any health authorities for (4) Such diverted producer milk shall the receiving, processing or packaging of § 1132.41 Classes o f utilization. be priced at the location of the pool plant ♦ * * * * any fluid milk product for Grade A dis where the producer’s milk was last physi ( b ) * * * position, it shall not be considered as cally received. part of a plant qualified pursuant to this (5) In shrinkage of skim milk and section. 5. Section 1132.15 is revised as follows: butterfat, respectively, assigned pursu 3. Section 1132.12(c) is revised as §1132.15 Fluid milk product. ant to § 1132.42(b) (1) but not to exceed follows: the following : “Fluid milk product” means milk (in (i) 2 percent of milk received directly § 1132.12 Handler. cluding concentrated milk), skim milk from producers (not including diverted ***** (including reconstituted skim m ilk), producer milk), and receipts of fluid buttermilk, milk drinks (plain or fla (c) Any cooperative association with milk products in bulk from other order vored), cream (sweet or sour), or any plants and from unregulated supply respect to milk of its member producers fluid mixture of cream and milk or skim picked up at the farm for delivery to the plants (exclusive of the quantity for milk (except storage cream, aerated which Class II utilization was requested pool plant of another handler in a tank cream products, sour cream and sour truck owned or operated by such associa by the handler) ; cream products not labeled Grade A, (ii) 1.5 percent of receipts from a tion or under control of such association, eggnog, ice cream mix, evaporated or by contract or otherwise, in such a way cooperative association handler pursu condensed milk, and sterilized products ant to § 1132.12(c), except that if the that the association supervises and con packaged in hermetically sealed con trols the determination of farm weights handler operating the pool plant files tainers) : Provided,Th at when any such notice with the market administrator and tests of the milk of each of such product is modified by the addition of member producers. that he is accounting for such milk on nonfat milk solids the amount of skim the basis of farm weights and tests de- 4. Section 1132.14 is revised as follows: milk to be included within this definition . termined by the cooperative association, shall be only that amount equal to the the applicable percentage shall be 2 per §‘1132.14 Producer milk. weight of skim milk in an equal volume cent; and “Producer milk” means the skim milk of an unmodified product of the same nature and butterfat content. (iii) 0.5 percent of milk received at and butterfat handled by a pool plant the farm by a cooperative association operator or a cooperative association 6. Section 1132.30 is revised as follows: handler pursuant to § 1132.12(c), ex handler pursuant to § 1132.12 (b) and clusive of receipts for which farm (c) as follows: § 1132.30 Reports o f receipts and utilization. weights and tests are used as the basis (a) Producer milk of a handler oper of receipt at the plant to which deliv ating a pool plant is 'skim milk and but On or before the 7th day after the end ered; and terfat in milk: of each month, each handler in his * $ * * * (1) Diverted by the operator of such capacity as the operator of a pool pool plant for his account to a nonpool plant(s) and each cooperative associa 8. Section 1132.43 is revised as follows: plant subject to the limits prescribed in tion with respect to milk for which it is § 1132.43 Responsibility of handlers paragraph (d) of this section; and a handler pursuant to § 1132.12 (b) or and reclassification of milk. (2) Received at such pool plant di (c) shall report for such month to the rectly from producers and from a coop market administrator in detail and on (a) All skim milk and butterfat to be erative association handler pursuant to forms prescribed by the market classified pursuant to this part sh all be § 1132.12(c). I f the handler receiving administrator: classified as Class I milk unless the handler who first receives such skim milk milk from a cooperative association han (a) Each handler in his capacity as and butterfat establishes to the satis dler pursuant to § 1132.12(c) accounts the operator of a, pool plant (s) shall faction of the market administrator that for such receipt on the basis of farm report: weights and butterfat tests, the entire it should be classified otherwise. W ith (1) The quantities of skim milk and respect to milk received for delivery to truckload shall be considered a receipt butterfat contained in receipts of pro of producer milk at the first plant of a pool plant by a cooperative association ducer milk; handler pursuant to § 1 1 3 2 .1 2 ( c ) , tne delivery. (2) The quantities of skim milk and (b) Producer milk of a cooperative as operator of the pool plant shall hav® butterfat contained in fluid milk prod the burden of proving the classification sociation handler pursuant to § 1132.12 ucts received from other pool plants; of the skim milk and butterfat define (b) is skim milk and butterfat in milk (3) The quantities of skim milk and received by such cooperative association in § 1132.14(a) (2); butterfat contained in other source milk; from producers’ farms and diverted by (b) Milk received by a handler oper- such association for its account to a non (4) The quantities of skim milk and ating a pool plant from a ^ P f i „ 12 pool plant, subject to the limits pre butterfat contained in producer milk association handler pursuant to § scribed in paragraph (d) of this section. diverted to nonpool plants pursuant to (c) shall be classified according to us (c) Producer milk of a cooperative as § 1132.14; or disposition at the receiving plan*' ® . sociation handler pursuant to § 1132.12 (5) Inventories of fluid milk products the value thereof at class prices sn (c) Is skim milk and butterfat In milk on hand at the beginning and end of be included in the receiving handler s received by such cooperative association . the month; and obligation pursuant to § 1132.70; ana
FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13919
(c) Any skim milk or butterfat shall ceived during the first 15 days of such (2) The parity prices of milk, as de be reclassified if verification by the mar month at not less than the amount termined pursuant to section 2 of the ket administrator discloses that the specified in paragraph (a) of this sec Act, are not reasonable in view of the original classification was incorrect. tion; and price of feeds, available supplies of feeds, 9. Section 1132.45 is revised as follows: (ii) On or before the 13th day of the and other economic conditions which following month, in final settlement, the affect market supply and demand for § 1132.45 Computation o f the skim milk value of such milk received during the milk in the said marketing area, and the and butteffat in each class. month, at the applicable uniform price, minimum prices specified in the order as For each month, the market adminis less the amount of payment made pur hereby amended, are such prices as will trator shall correct for mathematical suant to subdivision (i) of this sub- reflect the aforesaid factors, insure a and for other obvious errors the reports paragraph. sufficient quantity o f pure and whole of receipts and utilization for the pool 11. The introductory text of § 1132.80 some milk, and be in the public interest; and plant(s) of each handler and for each (d) is corrected as follows: handler pursuant to § 1132.12 (b) and (3) The said order as hereby (c) and shall compute the pounds of § 1132.80 Time and method of pay amended, regulates the handling of m ilk butterfat and skim milk in Class I milk ment for producer milk. in the same manner as, and is appli and Class II milk for such handler: Pro ***** cable only to persons in the respective vided, That if any of the water contained (d) In making the payments to proclasses of industrial or commercial ac tivity specified in, a marketing agree in the milk from which a product is ducers pursuant to paragraphs (b) and made is removed before the product is ment upon which a hearing has been (c) of this section, each handler shall held. . . , ■ ■ * utilized or disposed of by a handler, the furnish each producer or cooperative as (b) Additional findings. Cl) It is nec pounds of skim milk disposed of in such sociation from whom he has received essary in the public interest to make product shall be considered to be an milk with a supporting statement in such this order amending the order effective amount equivalent to the nonfat milk form that it may be retained by the pro solids contained in such product, plus ducer, which shall show: not later than September 1, 1969. A ny all of the water reasonably associated delay beyond that date would tend to with such solids in the form of whole * * * * . * disrupt the orderly marketing of m ilk (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. in the marketing area. milk. Producer milk for which a coopera 601-674) tive association is the handler pursuant (2) The provisions of the said order to §1132.12 (b) and (c) shall be allo Effective date: September 1, 1969. are known to handlers. The recom cated separately from the allocation of Signed at Washington, D.C., on Au mended decision of the Deputy Adminis receipts at any pool plant operated by gust 26, 1969. trator, Regulatory Programs, was issued such cooperative association. July 25, 1969, and the decision of the R ich ar d E. L y n g , Assistant Secretary. Assistant Secretary containing all 10. Section 1132.80(c)(1) is revised amendment provisions of this order was and subparagraph (4) is added as fol [F.R. Doc. 69-10409; Filed, Aug. 29, 1969; lows: • issued August 18, 1969. The changes ef 8:48 a.m.j fected by this order will not require ex § 1132.80 Time and method of payment tensive preparation or substantial alter for producer milk. [Milk Order 138] ation in method of operation for handlers. In view of the foregoing, it (c) * * * PART 1138— MILK IN RIO GRANDE hereby found and determined that good (1) Upon receipt of a written request VALLEY MARKETING AREA cause exists for making this order amending the order effective Septem from a cooperative association which the Order Amending Order jnarket administrator determines is au ber 1, 1969, and that it would be con thorized by its members to collect pay Findings and determinations. The find trary to the public interest to delay the ment for their milk and receipt of a ings and determinations hereinafter set effective date of this amendment for written promise to reimburse the han forth are supplementary and in addi 30 days after its publication in the F ed dler the amount of any actual loss in tion to the findings and determinations eral R e g ist e r . (Sec. 553(d), Administra curred by him because of any improper previously made in connection with the tive Procedure Act, 5 U.S.C. 551-559). claim on the part of the cooperative as issuance of the aforesaid order and of (c) Determinations. It is hereby de sociation each handler shall pay to the the previously issued amendments termined that: cooperative association on or before the thereto; and all of the said previous find (1) The refusal or failure of handlers FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13920 RULES AND REGULATIONS the aforesaid order, as amended, and as For filing application for a U.S. Citi further amended, as follows: zen Identification Card______$10.00 Title 8— ALIENS AND For filing application for permission 1. In § 1138.55, the introductory text to reapply for an excluded or de preceding paragraph (a) is revised to NATIONALITY ported alien, an alien who has fall read as follows: Chapter I— Immigration and Natural en into distress and has been re moved as an alien enemy, or an § 1138.55 Credit for specified Class II ization Service, Department of alien who has been removed at uses. Justice Government expense in lieu of deportation ------.------25.00 Prom the effective date hereof through STATUTORY AND REGULATORY FEES August 1970, producer milk classified as For filing application for passport or visa waiver prior to or at the time Class II milk in the following utiliza Reference is made to the notice of application is made for temporary tions shall be subject to a credit at the proposed rule making which was pub admission to the United States___110.00 respective rates specified: lished in the F ederal R e g ister on Au For filing application for visa waiver * * * * * gust 1, i969 (34 F.R. 12598), pursuant when application is made for ad to section 553 of title 5 of the United mission as a returning resident___110.00 2. In § 1138.80, paragraph (a) is re States Code (80 Stat. 383) and in which For filing applicantion for passport vised-to read as follows: there was set out proposed rules per waiver prior to or at the time appli taining to revised fees. Several repre cation is made for permanent ad § 1138.80 Payments to producers. mission ______!______110.00 * * * 4e 4c sentations were received. With regard to For filing appeal from or motion to the two items in the notice regarding reopen or reconsider, any decision (a) On or before the last day of the the filing of an appeal from, or a motion month, to each producer who had not under the immigration laws, except to reopen or reconsider, a decision in an exclusion or deportation pro discontinued shipping milk to such an exclusion or deportation proceeding ceeding. (The minimum fee of $25 handler before the 28th day of the and for filing an application for tempo shall be charged whenever an ap month, a partial payment equal to the rary withholding of deportation under peal or motion is filed by or on be uniform price for the preceding month section 243(h) of the Act, they are be half of two or more aliens and all such aliens are covered by one de multiplied by the hundredweight of milk ing given further consideration and the delivered during the first 15 days of the cision.) ______;______25.00- existing fees therefor remain in effect. For filing petition to classify nonim current month less authorized deduc The amendatory regulations as set out migrant as temporary worker or tions; below are adopted. trainee under section 214(c) of the 4c * 4c 4c 4c A c t ______25.00 PART 103— POWERS AND DUTIES OF For filing petition to classify status, of 3. In § 1138.80(e), subparagraphs (1) SERVICE OFFICERS; AVAILABILITY alien relative for issuance of im and (2) are revised to read as follows: migrant visa under section 204(a) OF SERVICE RECORDS of the Act-.______.-______„_____ 10.00 § 1138.80 Payments to producers. 1. Section 103.7 is amended as follows: For filing application for issuance of * * * * * reentry permit______10.00 § 103.7 Fees. For filing application for extension of (e) * * * (a) Remittances. Fees prescribed reentry permit_____ .______10.00 (1) A partial payment in the amount within the framework of 31 U.S.C. 483a For filing application for extension of specified in paragraph (a) of this sec stay to a nonimmigrant, other than shall be submitted with any formal ap one described in section 101(a) (15) tion; and plication or petition prescribed in this (F ) or 101(a) (15) (J) of the Act, (2) In making final settlement, the chapter and shall be in the amount pre and, upon a basis of reciprocity, a value of such milk at the applicable uni scribed by law or regulation. When any nonimmigrant described in section discretionary relief in exclusion or de 101(a) (15) (A) (iii), or 101(a) (15) form price, less the amount of partial portation proceedings is granted absent (G) (v) of the Act______— 10.00 payment made on such milk. an application and fee therefor, the dis For filing petition to classify prefer ence status of an alien on basis of (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. trict director having jurisdiction over profession or occupation under sec 601-674) the place where the original proceeding tion 204(a) of the Act______25.00 Effective date: September 1,1969. was conducted shall require the filing For filing petition to classify orphan of the application and the payment of as an immediate relative for issu Signed at Washington, D.C., on Au the fee. Every remittance shall be ac ance of immigrant visa under sec gust 26, 1969. cepted subject to collection. A receipt tion 204(a) of the Act. (W hen more R ichard E. L y n g , issued by a Service officer for any such than one petition is submitted by Assistant Secretary. remittance shall not be binding if the the same petitioner in behalf of orphans who are brothers or sisters, [F.R. Doc. 69-10410; Filed, Aug. 29, 1969; remittance is found uncollectible. Fees in only one fee will be required.)------25.00 8:48 a.m.] the form of postage stamps shall not be For filing application for school ap accepted. Remittances shall be made proval, except in the case of a school payable to the “ Immigration and Natu or school system owned or operated Chapter XIV— Commodity Credit Cor ralization Service, Department of Jus as a public educational institution poration, Department of Agriculture tice” except that in case of applicants or system by the United States or a residing in the Virgin Islands of the State or political subdivision SUBCHAPTER C— EXPORT PROGRAMS United States, the remittances shall be thereof ______35.00 For filing application for discretion f-Rev.-3] made payable to the “Commissioner of ary relief under section 212(c) of Finance of the Virgin Islands,” and, in the Act______— 1______25.00 PART 1490— PAYMENTS ON EXPORTS For filing application for discretion OF CERTAIN KINDS OF TOBACCO the case of applicants residing in Guam, the remittances shall be made payable ary relief under section 212(d)(3) of the Act, except in an emergency Subpart— Tobacco Export Program to the “Treasurer, Guam.” case, or the approval of the appli Correction (b) Amounts of fees— (1) Nonstatu- cation is in the interest of the U.S. tory fees. The following nonstatutory Governm ent______25 ° .In P.R. Doc. 69-9965, appearing at fees and charges are prescribed: For filing application for waiver of page 13464 in the issue of Thursday, the foreign-residence requirement For filing application for Alien Regis under section 212(e) of the Act— - 25. uu August 21, 1969, in the 18th line of para tration Receipt Card (Form 1-151), graph (a) of § 1490.7, the figure reading in lieu of one lost, mutilated, or “ § 149.06” should read “ § 1490.6” . destroyed, or in a changed name— $10. 00 i'Plus communication costs. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13921 For filing application for waiver of jurisdiction to render a decision on the affirmation and accompanied by Form ground of excludability under sec application, petition, appeal, or motion, ES-575A and a fee of $25 must be sub tion 212(h) or (i) of the Act. (Only such officer may, in his discretion, au mitted for each beneficiary before the a single application and fee shall be required when the alien is applying thorize the prosecution of the relating petition may be accepted by the Service simultaneously for a waiver under application, petition, appeal, or motion and considered properly filed.” both those sections.)_____ i______$25. 00 without prepayment of fee. 3. H ie second sentence of subpara For filing application for adjustment (2) 5 U.S.C. 552 fees. For the servicesgraph (1) Filing petition of paragraph of status to that of a permanent expended in locating or making available (d) Petitions under section 203(a) (6) of resident under section 245 of the records or copies thereof under 5 U.S.C. the Act of § 204.1 Petition is amended to A c t _____ :______25. 00 552, the following user charges are read as follows: “A separate form must For filing application for adjustment of status to that of a permanent deemed fair and equitable and shall be be submitted for each beneficiary, ex resident under section 13 of the Act assessed against the person who requests ecuted under oath or affirmation, accom of September 11, 1957_~______25. 00 that records be made available: panied by a fee of $25.” For filing application for creation of Each Form N-585 or Form 1-500 shall record of admission for permanent be accompanied by payment of ____ $3. 00 residence under section 249 of the (This charge will be retained PART 242— PROCEEDINGS TO DETER Act ____ — ___ —______-___ 25. 00 whether or not an identified record MINE DEPORTABILITY OF ALIENS For filing application for change of is located.) IN THE UNITED STATES: APPREHEN nonimmigrant classification under For each one quarter man-hour or section 248 of the Act______25. 00 fraction thereof spent in excess of SION, CUSTODY, HEARING, AND the first quarter how in searching APPEAL For filing application for stay of de for or producing a requested record- 1.00 portation under Part 243 of this For each one quarter hour or fraction § 242.17 [Amended] chapter ______:______25. 00 thereof spent in monitoring the re * • * • * The third sentence of paragraph (d) quester’s examination of materials— I. 00 General of < § 242,17 Ancillary matters, For filing application for suspension For copies of documents: of deportation under section 244 Per page____J.______.______;___;______25 applications is amended to read as fol of the Act______50.00 Minimum fee______. 50 lows: “ The respondent shall not be re For filing application for transfer of (Maximum number of copies fur quired to pay a fee on more than one petition for naturalization under nished of any document— 10.) application within paragraphs (a> and section 335(1) of the Act, except For each certification of a true copy__1. 00 (c) of this section, provided that the when transfer is of a.petition for For each attestation under seal______3.00 minimum fee imposed when more than naturalization filed under the Act one application is made shall be deter of October 24, 1968, Public Law 90- (3) 8 U.S.C. 1455 fees. For services per 633 ______r______5. 00 formed under 8 U.S.C. 1455, the clerk of mined by the cost of the application with For filing application for a certificate court shall charge, collect, and account the highest fee.” of naturalization or declaration of for the following fees: intention in lieu of à certificate or For receiving and filing a declaration declaration alleged to have been of intention______$5. 00 PART 334— PETITION FOR lost, mutilated, or destroyed; or for For making, filing, and docketing a a certificate of citizenship in a NATURALIZATION petition for naturalization ______25.00 Changed name under section 343 § 334.13 TAmended] (b) or (d) of the Act— ______5. 00 § 103.3 [Am ended] For filing application for a certificate The last sentence of § 334.13 Filing of citizenship under section 309(c) 2. The third sentence of paragraph (a) of petition for naturalization is amended or section 341 of the Act______10. 00 Denials and appeals of § 103.3 Denials, to read as follows: “The petitioner shall For filing application for a special appeals, and precedent decisions is pay the clerk of the naturalization court, certification of naturalization to amended to read as follows: “When the at the time the petition is filed, a fee of obtain recognition as a citizen of applicant is entitled to appeal to another $25, unless the petitioner is exempt the United States by a foreign state Service officer, the notice shall advise him under section 343(c) of the Act— 5. 00 therefrom by section 344(h) of the Im that he may appeal from the decision, migration and Nationality Act, or is ex For filing application for a certificate and that such appeal may be taken with of naturalization or repatriation empt therefrom under section 3 of the under section 343(a) of the Immi in 15 days after the mailing of the noti Act of October 24, 1968.” gration and Nationality Act or the fication of decision, accompanied by a 12th subdivision of section 4 of the supporting brief if desired and a fee of Act of June 29, 1906______5. 00 $25, by filing notice of appeal, Form PART 341— CERTIFICATES OF For filing application for section 316 I-290B, which shall be furnished with CITIZENSHIP (b) or 317 of the Act beneftits_____ 10. 00 the written notice.” For special statistical tabulation a § 341.1 [Am ended] charge will be made to cover the ■ The first sentence of § 341.1 cost of the work involved______Applica PART 204— PETITION TO CLASSIFY tion is amended to read as follows: “An For set monthly, semiannual, or an ALIEN AS IMMEDIATE RELATIVE OF nual tables entitled “Passenger application for a certificate of citizen Travel Reports via Sea and Air”___ $5. 00 A U.S. CITIZEN OR AS A PREFER ship by or in behalf of a person who For annual subscription for "Passen- ENCE IMMIGRANT claims to have acquired U.S. citizen ship under section 309(c) or to have ac '*'ravel Reports via Sea and § 204.1 [Am ended] AljJ — ...... 75.00 quired or derived UJS. citizenship as spe 1. The first sentence of paragraph (b) cified in section 341 of the Act shall be Except as otherwise provided in § 3.3(b) Orphan of § 204.1 Petition is amended to submitted on Form N-600 in accordance rei fs c^laP^er> any of the foregoing fees read as follows: “A petition in behalf of a with the instructions thereon, accom elating to applications, petitions, ap child defined in section 101(b) (1) (F) of panied by a fee of $10.” peals, and motions may be waived when the Act shall be filed by the U.S. citizen alien or other party affected is unable spouse in the office of the Service hav (Sec. 103,66 Stat. 173; 8 UJS.C. 1103) pay the prescribed fee if he files with ing jurisdiction over the place where the The basis and purpose of the above- or J '—fking application, petition, appeal, petitioner is residing on Form 1-600, prescribed rules are to implement Pub th J? * 011 .his affidavit stating the nature shall identify the child, and shall be lic Law 90-609 (82 Stat. 1199), effective nvw0f’ kk belief that he is entitled to accompanied by a fee of $25.” October 21, 1968. kls inability to pay the re- 2. The second sentence of paragraph This order shall be effective on Sep t>pr»a * ant* ke requests permission to (c) Member of the professions or an tember 1, 1969. Compliance with the ecute the application, petition, ap- alien of exceptional ability in the sci provisions of section 553 of title 5 of the nn_J +■ m°ti°n without prepayment of ences or arts of § 204.L Petition is United States Code (80 Stat. 383), as to with «?’ ^**en such an affidavit is filed amended to read as follows: “A separate delayed effective date is unnecessary in the officer of the Service having Form 1-140 executed under oath or this instance and would serve no useful FEDERAL REGISTER, V O L 3 4 ,‘ NO. 167— SATURDAY, AUGUST 30, 1969 13922 RULES AND REGULATIONS purpose because the persons affected “FUEL SELECTOR VALVE NOT EN prevent the hazardous operation of air thereby will not require additional time GAGED” . This system can be* installed craft by prohibiting the carriage by air to prepare for the effective date of the for significantly less than the cost of the craft of narcotic drugs, marihuana, and regulations. replacement required in the proposal. depressant and stimulant drugs under certain limited conditions. Dated: August 27,1969. After analyzing the comments received and in light of the service history, which These amendments were proposed in R a y m o n d P . F a r r e ll, shows that the majority of accidents Notice 69-32 and published in the F ed Commissioner of were the result of the misuse of the fuel eral R egister on August 5, 1969 (34 F.R. Immigration and Naturalization. unit by pilots with low operating time in 12713). Under the notice the FAA [F.R. Doc. 69-10412; Filed, Aug. 29, 1969; these airplanes, the FAA has determined proposed: 8:48 a.m.] that an AD is necessary. However, the (1) That violation of the prohibition agency feels it can modify the amend against carriage be a basis for denying ment so as to be less burdensome to the applications for pilot, flight instructor, user and at the same time still achieve flight engineer, and flight navigator cer Title 14— AERONAUTICS AND the desired level of safety by issuing an tificates, and for the suspension or rev AD which will give the owner the option ocation of those airman certificates or of either replacing the P/N 35-924065 of the operating certificates issued under SPACE fuel unit with the P/N 35-924230 fuel Parts 121,123,127, and 135; Chapter I— Federal Aviation Adminis unit or installing Beech Kit No. 35-5030 (2) A requirement for the filing of a flight plan on all flights between Mexico tration, Department of Transportation S in accordance with the manufacturers service instructions. and the United States; [Docket No. 68-CE-15-AD; Amdt. 39-830] Since this amendment in part modifies (3) That conviction for violation of the statutory provisions concerning the PART 39— AIRWORTHINESS the original proposal and imposes no ad ditional burden on any person, further prohibited items is also grounds for deny DIRECTIVES notice and public procedure hereon are ing, suspending or revoking those airman Beech Models 35, A35, B35, and C35 unnecessary. certificates. Two requests were received in response Airplanes In consideration of the foregoing, and pursuant to the authority delegated to to the proposal for extension of the com A proposal to amend Part 39 of the me by the Administrator (31 F.R. 13697), ment period, and these requests were Federal Aviation Regulations to include § 39.13 of Part 39 of the Federal Aviation denied because the public interest con an airworthiness directive with respect Regulations is amended by adding the siderations involved in this rule required to Beech Models 35, A35, B35, and C35 following new airworthiness directive: final rule making action at the earliest F ederal possible time. Public comments with airplanes was published in the Beech. Applies to all Model 35, A35, B35, R eg iste r (33 F.R. 15712, 15713) on and C35 (Serial Nos. D-l through respect to the substance of the rule were October 24, 1968. The proposal required D-2900) airplanes equipped with Beech received from five sources. All of them replacement within the next 100 hours’ P/N 35-924065 fuel unit. expressed concern that as proposed time-in-service, but not to exceed 1 year § 91.12(a) would make the aircraft oper Compliance: Required as indicated. ator a violator even when he does not after the effective date of the AD, of Within the next 100 hours’ time-in-service, Beech P/N 35-924065 fuel unit with but not to exceed August 30, 1970, unless know of the presence on board the air .Beech P/N 35-924230 fuel unit or any already accomplished, accomplish either A craft of a proscribed article. In response other modification of this portion of the or B: to these comments the prohibition fuel system approved by Chief, Engi (A) Replace Beech P/N 35-924065 fuel against carrying the proscribed items in neering and Manufacturing Branch, unit with Beech P/N 35-924230 fuel unit hav § 91.12(a) has been clarified to make it a Central Region, Federal Aviation Ad ing separate selector valve and pump con violation of that section only when the ministration. The proposal, if adopted, trols or with any other modification, of this operator of the aircraft has knowledge portion of the fuel system approved by Chief, that the aircraft is carrying the pro would supersede AD 53-20-2, which re Engineering and Manufacturing Branch, quired the installation of a placard in Central Region, FAA. scribed articles. One of the comments urged that additionally the rules should these model airplanes equipped with a (B) Install Beech fuel selector valve dis P/N 35-924065 fuel unit, informing all engagement warning light, Kit No. 35-5030 S, not be applied to air carriers who fre flight personnel of proper fuel selector in accordance with Beech Service Instruc quently carry narcotics and other drugs valve operation. It also stated that re tions No. 0243-289, or any other modification lawfully in their operations. In response placement of the P/N 35-924065 fuel unit of this portion of the fuel system approved to this comment § 91.12(b) has been with a P/N 35-924230 fuel unit eliminates by the Chief, Engineering and Manufactur changed by inclusion of a new paragraph the need for compliance with AD 53-20-2. ing Branch, Central Region, FAA. (b) which excepts all lawful carriage. Interested persons have been afforded This AD supersedes AD 53-20-2. Another of the comments questioned an opportunity to participate in the This amendment becomes effective Au the legal basis for the adoption of the making of the amendment. Of those gust 30,1969. rule as a safety rule. As stated in the comments received, a few supported the (Secs. 313(a), 601 and. 603, Federal Aviation preamble to Notice 69-32, the provisions amendment while the majority felt that Act of 1958, 49 U.S.C. 1354(a), 1421, and 1423, contained in this rule are necessary to compliance with the proposal was either sec. 6(c), Department of Transportation Act, meet and avoid the increasing hazards too costly or was unnecessary based on 49 U.S.C. 1655(C)) to safety in air commerce resulting from their personal experience and familiarity the increasing use of aircraft for the Issued in Kansas City, Mo., on Au illicit carriage of narcotics and other with the fuel unit as the result of many gust 22, 1969. ' hours of operation of this airplane. While drugs into the United States and Mexico. D a n ie l E. B a r r o w , These hazards result from attempts to the manufacturer was also opposed to Director, Central Region. the issuance of the proposed AD, it has avoid detection or pursuit by violent subsequently designed à system approved [F.R. Doc. 69-10455; Filed, Aug. 29, 1969; maneuvers, low flying, and other ex 8:49 am .] by the FAA which warns the pilot when tremely dangerous flight techniques, i*1' ever the fuel unit handle is disengaged eluding the use of unsafe landing areas. from the fuel selector valve rotor mech [Docket No. 9741; Arndts. 61-43;-63-10; 91- In the interests of clarity and con anism. Beechcraft Service Instructions 66; 121-50; 123-2; 127-10; 135-8] No. 0243-289 covers installation of Beech formity with judicial opinions, the phrase K it No. 35-5030 S which consists of a CARRIAGE OF NARCOTIC DRUGS, “final conviction” has been used in lieU microswitch, warning light and placard. MARIHUANA, AND DEPRESSANT of “conviction” in § § 61.6(a) anc* Any time the fuel unit handle is not en AND STIMULANT DRUGS BY AIR 63.12(a). Finally, editorial and other gaged with the valve rotor a red light on CRAFT nonsubstantive changes have been made the instrument panel adjacent to the The purpose of these amendments to for the purposes of clarity anc* placard comes on. The placard states the Federal Aviation Regulations is to continuity. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGU5T 30, 1969 RULES ANO REGULATIONS 13923 Interested persons have been afforded (4) 21 U.S.C. 331 (q ). §121.15 Carriage of narcotic drugs, an opportunity to participate in the mak (5) 21 U.S.C. 360a. marihuana, and depressant or stim ing of these amendments. Due considera (6) 26 U.S.C. 4704. ulant drugs. tion has been given to all matter pre (7) 26 U.S.C. 4705. If the holder of a certificate Issued sented. In other respects, for the reasons (8) 26 U.S.C. 4742. under this part permits any aircraft stated in the preamble to the notice, the (9) 26 U.S.C. 4744. owned or leased by that holder to be en rule is adopted as prescribed herein. (10) 26 U.S.C. 4755.' gaged in any operation that the certifi Since the public interest requires that (11) 18 U.S.C. 545, where the con cate holder knows to be in violation of these amendments be made effective as viction involves the smuggling of any § 91.12(a) of this chapter, that operation quickly as possible, I find that good cause “ depressant or stimulant drug” as de is a basis for suspending or revoking the exists for making them effective on less fined in 21 U.S.C. 321 (v ). certificate. than 30 days’ notice. (b) No person who commits an act In consideration of the foregoing, Parts prohibited by § 91.12(a) of this chapter 61, 63, 91, 121, 123, 127, and 135 of the is eligible for any certificate or rating PART 123— CERTIFICATION AND OP Federal Aviation Regulations are issued under this part for a period of ERATIONS: AIR TRAVEL CLUBS amended as follows, effective Septem 1 year after the date of that act. USING LARGE AIRPLANES ber 5,1969: (c) Any conviction specified in para 5. By inserting a new § 123.20, after PART 61— CERTIFICATION: PILOTS graph (a) of this section, or the com § 123.19, to read as follows: AND FLIGHT INSTRUCTORS mission of the act referenced in para graph (b) of this section, is grounds for § 123.20 Carriage o f narcotic drugs, 1. Part 61 is amended by inserting a suspending or revoking any certificate or marihuana, and dépressant or stim new § 61.6, after § 61.5, to read as follows: rating issued under this part. ulant drugs. § 61.6 Carriage of narcotic drugs,' mari If the holder of a certificate issued huana, and depressant or stimulant under this part permits any aircraft drugs. PART 91— GENERAL OPERATING owned or leased by that holder to be en AND FLIGHT RULES gaged in any operation that the certifi (a) No person who is convicted of vio lating any of the following statutory pro 3. Part 91 is amended by inserting acate holder knows to be In violation of § 91.12(a) of this chapter, that operation visions is eligible for any certificate or new § 91.12, after § 91.11, to read as follows: is a basis for suspending or revoking the rating issued under this, part for a certificate. period of 1 year after the date of final § 91.12 Flights between Mexico and the conviction: United States. (1) 21 U.S.C. 174. PART 127— CERTIFICATION AND OP (2) 21 U.S.G. 176a. (a) Except as provided in paragraph ERATIONS OF SCHEDULED AIR (3) 21 U.S.C. 184a. (b) of this section, no person may op CARRIERS WITH HELICOPTERS (4) 21 U.S.C. 331 (q). erate a civil aircraft between Mexico and (5) 21 U.S.C. 360a. the United States, with knowledge that 6. By inserting a new § 127.22, after (6) 26 U.S.C. 4704.. any of the following is carried in the § 127.21, to read as follows: (7) 26 U.S.C. 4705. aircraft: § 127.22 Carriage o f narcotic drugs, (8) 26 U.S.C. 4742. (1) “Narcotic drugs” as defined in 26 marihuana, and depressant, or stim (9) 26 U.S.C. 4744. U.S.C. 4731(a). ulant drugs. (10) 26 U.S.C. 4755. (2) “Marihuana” as defined in 26 If the holder of a certificate issued (11) 18 U.S.C, 545, where the convic U.S.C. 4761(2) . under this part permits any aircraft tion involves the smuggling of any (3) “Depressant or stimulant drug” as owned or leased by that holder to be en depressant or stimulant drug” as defined in 21 U.S.C. 321 (v ). gaged in any operation that the certifi defined in 21 U.S.C. 321 (v) . (b) Paragraph (a) of this section does cate holder knows to be In violation of (b) No person who commits an act not apply to any carriage of narcotic § 91.12(a) of this chapter, that operation Prohibited by § 91.12(a) of this chapter drugs, marihuana, or depressant or stim is a basis for suspending or revoking the is eligible for any certificate or rating ulant drug authorized by or under any certificate. issued under this part for a period of 1 Federal statute, or by any Federal year after the date of that act. agency. PART 135— AIR TAXI OPERATORS (c) Any conviction specified in para (c) Each person operating a civil air AND COMMERCIAL OPERATORS graph (a) of this section, or the com- craft on a flight between Mexico and the OF SMALL AIRCRAFT ndssion of the act referenced in para United States, shall comply with all of graph (b) of this section, is grounds for the requirements of Subpart A of Part 7. By inserting a new § 135.12, after ^spending or revoking any certificate or 199 of this chapter, notwithstanding § 135.11, to read as follows: rating issued under this part. § 99.1(b) (1) and (3). I f the aircraft § 135.12 Carriage of narcotic drugs, does not have a two-way radio, that per marihuana, and depressant or stimu son shall, in addition to complying with lant drugs. part 63— CERTIFICATION: FLIGHT § 99.1(c) of this chapter, land at the CREWMEMBERS OTHER THAN designated airport of entry nearest the If the holder of a certificate issued PILOTS point of entry into the United States, and under this part permits any aircraft file an arrival or completion notice. owned or leased by that holder to be en „ r* 63 is amended by inserting gaged in any operation that the certifi 63.12, after §63.11, to read cate holder knows to be in violation of PART 121— CERTIFICATION AND OP § 91.12(a) of this chapter, that operation 63.12 Carriage o f narcotic drugs, ma ERATIONS: DOMESTIC, FLAG, AND is a basis for suspending or revoking the «luana, and depressant or stimulai SUPPLEMENTAL AIR CARRIERS certificate. drugs* AND COMMERCIAL OPERATORS (Secs. 307(c), 313(a), 601, 602, 604, Federal kf&L person who is convicted of vio- OF LARGE AIRCRAFT Aviation Act of 1958 (49 U.S.C. 1354, 1421, nrz¥[, ^ of the following statutory 1422, 1423, 1424); sec. 6 (e ), Department of 4. By amending Part 121 as follows:Transportation Act (49 U.S.C. 1655(c))) or ! r ons eli8ible for any certificate issued under this part for a § 121.13 [Amended] Issued in Washington, D.C., on August cwivStuJn! ^ afte* 1116 date of flnal a. By inserting the figures “ 121.15,” 27, 1969. after the figures “ 121.11,” in paragraph D. D. T h o m a s , (1) 21 U.S.C. 174. (a) of § 121.13. Deputy Administrator. (2) 21 U.S.C. 176a. b. By Inserting a new § 121.15, after [F.R. Doc. 69-10457; Filed, Aug. 29, 1969; (3) 21 U.S.C. 184a. § 121.13, to read as follows: 8:49 a m .] No. 167. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13924 RULES AND REGULATIONS Subpart 8—3.7— Negotiated Overhead Rates tor, Supply Service for review and com Title 39— POSTAL SERVICE Sec. ment. When deemed advisable, the 8-3.705 Procedure. Director, Supply Service will request the Chapter I— Post Office Department General Counsel to accomplish a legal Subpart 8—3.8— Price Negotiation Policies and review. PART 155— CITY DELIVERY Techniques - § 8—3.801—3 Responsibility of other per Apartment House Mail Receptacles; 8-3.800 Scope of subpart. Correction 8-3.801 Basic policy. sonnel. 8-3.801-2 Responsibility of contracting The controller will provide advice, In the daily issue of Wednesday, Au officers. assistance or cost audits as provided in gust 13, 1969 (34 F.R. 13101), the 8-3.801-3 Responsibility of other personnel. §§ 8-3.705, 8-3.807-3, 8-3.809, and 8- 8—3.807 Pricing techniques. Department promulgated regulations re 3.813. lating to security requirements and engi 8-3.807-3 Requirements for cost or pricing data. § 8—3.807 Pricing techniques. neering tests for apartment house mail 8-3.808 Profit or fee. boxes. Among other requirements, the 8-3.808-1 General. § 8—3.807—3 Requirements for cost or regulations provide that if a receptacle 8-3.809 Contract audit as a pricing aid. pricing data. door lock extends more than % inch 8-3.813 Preproduction and startup and (a) Under the circumstances pre on the inside of a vertical type box, a other nonrecurring costs. deflector shall be provided over the lock scribed in FPR 1-3.807-3, the contract A uthority : The provisions of these Sub- ing officer will require the prospective barrel. The effective date of this re parts 8-3.7 and 8-3.8 issued under sec. 205 quirement is July 1, 1970. Through inad contractor to submit cost or pricing data ( c ) , 63 Stat. 390, as amended, 40 U.S.C. 486 and to certify to its accuracy and com vertence the effective date of this re (c ); sec. 210(c), 72 Stat. 1114, 38 U.S.C. 210 pleteness. This data will be used by the quirement was not stated when the regu (c ). contracting officer in the evaluation of lation was published. The amendment Subpart 8—3.7— Negotiated set out below will correct the oversight. the offer and in the negotiation of the Overhead Rates contract price. The cost of pricing data Accordingly, in § 155.6 Apartment is required to determine the reasonable house receptacles, paragraph (d) (4) is § 8—3.705 Procedure. ness of the proposed price where such amended to read as follows: Contracting officers will request the price is based on the cost of the proposed § 155.6 Apartment house receptacles. Controller to audit proposed overhead work. It is not required where the reason * * * 4t * rates for use in cost-reimbursement type ableness of the proposed price can be (d) Requirements. * * * contracts whenever the estimated determined by the contracting officer (4) Locking provisions, (i) Each reamount of the contract is in excess of based on adequate price competition, ceptacle door shall be secured by a five- $100,000. In the case of smaller contracts, established catalog or market prices of pin tumbler cylinder lock with a mini the contracting officer will perform a re commercial items sold in substantial mum of 250 key changes. The locks must view and validation of the data submit quantities to the general public or prices be securely fastened to the door. I f locks ted for accuracy and reasonableness of set by law or regulation. are mounted on a backing plate, the proposed rates. He may request the Con (b) When cost or pricing data is re plates shall be constructed of hardened troller, or the local hospital fiscal activ quired and the amount of any negotiated steel of proper design and thickness to ity serving the contracting officer, to per fixed-price or cost-reimbursement con preclude punching out of locks. Effective form an audit or render such accounting tract or contract modification is expected July 1, 1970, if the lock extends more assistance or technical advice as is deem to exceed $100,000, the cost or pricing than % inch on the inside of a vertical ed desirable. * data, after evaluation by the contracting officer, will be forwarded to the Control type box, a deflector shall be provided Subpart 8—3.8—Price Negotiation over the lock barrel for the easy deposit ler for prior audit as to the adequacy, of mail. v Policies and Techniques accuracy and applicability of the costs included, except as provided in para (ii) Each lock shall be clearly num § 8—3.800 Scope o f subpart. bered on the back. The lock number graph (d) of this section. The principles set forth in FPR 1-3.8, shall also be clearly shown on the inside (c) In the case of smaller contract, the of the master door directly above the in as well as those in this subpart, on the contracting officer will perform a review dividual box to which it is attached. basic policy, pricing techniques, require and validation of the data submitted for (iii) The master lock shall be attached ments for cost or pricing data, and the accuracy and reasonableness of proposed to the master door by the postmaster’s evaluation and audit of cost and pricing costs. He may request the Controller, or representative. data apply to all negotiated cost-reim the local hospital fiscal activity serving bursement and negotiated firm fixed- the contracting officer, to perform an 4c 4s * 4c 4c price contracts and contract modifica audit or render such accounting assist Note: Th.e corresponding Postal Manual tions. These principles also apply to ance or technical advice as is deemed section is 155.644. annual revisions of prices under cost- desirable. (5 U.S.C. 301, 39 U.S.C. 501) reimbursement contracts as well as to (d) Cost or pricing data may, but need the negotiation of initial prices. not, be submitted to the Controller D avid A . N e l s o n , for prior audit, for the following General Counsel. § 8—3.801 Basic policy. transactions: [P.R. Doc. 69-10428; Piled, Aug. 29, 1969; § 8—3.801—2 Responsibility o f contract (1) Negotiated fixed-price contract * 8:49 a.m.] ing officers. modifications to a formally advertised (a) Contracting officers are responsi fixed-price contract, where wage rates ble for the legal, technical and adminis and allowance for overhead and profit trative sufficiency of the contracts they are established by the contract and the Title 41— PUBLIC CONTRACTS U a rtTTftliinfnrT K v TYT1C6 enter into. They will exercise reasonable *i y\4 4-r* iTT/Mtir care, skill, and judgment and will obtain comparison. AND PROPERTY MANAGEMENT the advice of specialists in the. fields of (2) Negotiated fixed-price architect- Chapter 8— Veterans Administration contracting, finance, law, contract audit, engineer contracts, where the contract MISCELLANEOUS AMENDMENTS TO engineering traffic management, and ing officer establishes the reasonableness CHAPTER - cost analysis as in their discretion is of the negotiated price on the basis of necessary to best serve the interests of previous contracts of a similar nature Chapter 8 is amended as follows: the Government. and accomplishes an analysis of costs re PART 8-3— PROCUREMENT BY (b) When, in the opinion of the con lating to -each phase of the required NEGOTIATION tracting officer, th e. complexity of the work. 1. Subparts 8-3.7 and 8-3.8 are addedproposed contract warrants, he will sub (3) Negotiated fixed-price or cost- to read as follows: mit the proposed contract to the Direc reimbursement utility connection or site FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGULATIONS 13925 facility agreements, developed by the O f Authority : The provisions of this Subpart § 8—4.409 Consolidated purchase, joint fice of Construction, representing con 8-4.4 issued under sec. 205(c), 63 Stat. 390, use, or cross-service. tracts for the construction of service fa as amended, 40 U.S.C. 486(c); sec. 210(c), I f a consolidated purchase, joint use, cilities or site clearance where cost data 72 Stat. 1114, 38 U.S.C. 210(c). or cross-service agreement would be ad submitted (construction cost estimates) Subpart 8—4.4— Public Utilities vantageous, an appropriate memoran will be evaluated by design and cost dum of understanding will be entered engineering staffs of the Office of § 8—4.406 Procurement policy and reg into, as provided by . FPR 1-4.409. GSA Cdnstruction. ulations. assistance will be provided when § 8—3.808 Profit or fee. § 8—4.406—2 Agency supply arrange requested. ments. § 8—3.808—1 General. § 8—4.410 Independent procurement by If a profit or fee is involved, it must (a) When formal bilateral written executive agencies. be established as a dollar amount and contracts are required by FPR 1-4.410-2 When GSA areawide contracts are not not as a percentage of the cost estimate, or 1-4.410-3 and GSA areawide contracts available and GSA long-term contracts, in order to avoid the cost-plus-a-per- are not available, the contracting officer consolidated purchase, joint use, or cross centage-of-cost system of contracting will determine whether GSA long-term service agreements are not consum which is not legal (see FPR 1-3.401 (b) ). contracts or consolidated purchase, mated, the contracting officer will obtain Once established, the profit or fee can joint use, or cross-service agreements required utility services and/or connec not be escalated during the period of the would be in the best interests of the Gov tions as provided by FPR 1-4.410. contract. However, when a change order ernment. In making this determination, the contracting officer will contact all § 8—4.410—5 Uniform clauses for utility materially affects the scope of the work, service contracts. an additional profit or fee or an appro suppliers of the required utility service to priate reduction may be negotiated. establish the most advantageous rate (a) When a contract for utility serv available under short-term and long ices or connections is negotiated, the § 8—3.809 Contract audit as a pricing term coiitracts. Other agencies and in contract may be executed on Standard aid. stallations in the area will be contacted Form 33, Solicitation, Offer, and Award. The Controller, or a recognized audit to compare rates offered under similar A contract form used by a company may agency, e.g., the Defense Contract Audit circumstances and to evaluate the bene be accepted and made a part of the pro Agency, at the request of the Controller, fits of consolidated purchase or joint use posal by attachement and inclusion of will provide advisory audits, special sur agreements. the following reference in the proposal: veys or audit analysis of price or cost, (b) Technical advice and consulting Contract form is attached hereto and is when required by this Subpart 8-3.8 or assistance is available from GSA, as pro made a part hereof, it being understood that when assistance is requested by the con vided by FPR 1-4.404. no provisions contained therein which are tracting officer. contrary to laws and regulations governing § 8—4.407 GSA areawide contracts. the disbursements of funds of the United § 8—3.813 Preproduct ion and startup States of America will be binding upon the and other nonrecurring costs. When a GSA areawide contract for Government. the required utility service is available, (b) In addition to the clauses pre In evaluating startup and other non utility services will be procured there recurring costs, the extent to which these scribed in FPR 1-4.410-5, the following under as provided by FPR 1-4.407, unless clauses will be included, as applicable: costs are included in the proposed price special rates can be negotiated under the and the intent to absorb or recover any (1) Changes in rates (§8-7.150-7). areawide contract or a separate contract. (2) Termination. (When a termination such costs in any future noncompetitive When provided in the areawide contract, procurement nr other pricing action will clause is appropriate, it will be written to connection agreements may also be ob cover the needs of the specific contract, be determined. The contracting officer tained thereunder. will ascertain, with the assistance of the conforming to the principles of FPR Controller as required or considered § 8—4.408 GSA long-term contracts. 1-8.7 insofar as practical.) necessary, that payment of such costs (3) Certification of nonsegregated fa (а) I f the contracting officer deter is not duplicated. For example, cost of cilities (FPR 1-12.803-10). mines that a GSA long-term contract equipment paid for by the Government (c) Negotiated cost-reimbursement through a setup or connection agreement may be justified in accordance with the and fixed-price contracts will also in will not be included in depreciation costs provisions outlined in FPR 1-4.408, GSA clude the following clauses, when re will be requested to negotiate a long-term of a subsequently negotiated agreement. quired by the referenced FPR section: contract. (1) Negotiated overhead rates (FPR Ob) The request will be submitted to 1-3.704). PART 8-4— SPECIAL TYPES AND General Services Administration, Trans (2) Certificate of current cost of pric METHODS OF PROCUREMENT portation and Communications Service, ing data (FPR 1-3.807-4). Public Utilities Division, Washington, (3) Subcontracting considerations in 2. Subpart 8-4.4 is revised to read as D.C. 20405. It will state the reason a long cost analysis (FPR 1-3.807-10). follows: term contract is believed justified and (4) Contract clauses (FPR 1-3.814). will include the following information: Subpart 8—4.4— Public Utilities ( ! ) Copy of existing contract or § 8—4.411 Prior review o f certain pro Sec. agreement. posed procurements. 8-4.406 Procurement policy and regula (2) Copies of all current rate § 8—4.411—2 Prior review by GSA. tions. schedules. 84.406-2 Agency supply arrangements. (3) Record of past 12 months usage, Except as provided in § 8-4.411-3, pro 84.407 GSA areawide contracts. posed utility procurements meeting the 84.408 GSA long-term contracts. preferably in the form of copies of bills 84.409 or invoices. criteria of FPR 1-4.411-1 will be Consolidated purchase, Joint use, forwarded to General Services Adminis or cross-service. (4) Statement regarding any antici 84.410 pated or planned future changes. tration, Transportation and Communica Independent procurement by ex tions Service, Public Utilities Division, ecutive agencies. (5) Point and characteristics of 84.410- 5 Washington, D.C. 20405, for prior review. Uniform clauses for utility service delivery. contracts. 84.411 (б) Statement covering equipment or § 8—4.411—3 Alternative prior review by Prior review of certain proposed the procuring agency. procurements. connection requirements and ownership. 84.411- 2 Prior review by GSA. (7) Names and addresses of all sup Prior review of contracts for utility 84.411- 3 Alternative prior review by the pliers, both regulated and unregulated, connections and contracts for combined procuring agency. of the required service. utility connections and services consum- FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13926 RULES AND REGULATIONS mated by the designated contracting Bureau of Land Management, Salt Lake SW yi sec. 23, at 10 a.m. on October 1, officer(s) in Central Office will be made City, Utah. 1969, the remaining lands shall be open to by technical, legal and administrative such forms of disposition as may by law H a r r is o n L o e s c h , be made of national forest lands. personnel in the Office of Construction, Assistant Secretary of the Interior. when required by FPR 1-4.411-1. Inquiries concerning the lands should A u g u s t 26,19 69. be addressed to the Manager, Land These regulations are effective [F.R. Doc. 69-10383; Filed, Aug. 29, 1969; Office, Bureau of Land Management, immediately. 8:45 a.m.] Sacramento, Calif. Approved: August 25,1969. H a r r is o n L o e s c h , By direction of the Administrator. [Public Land Order 4678] Assistant Secretary of the Interior. [ s e a l ] F red B. R h o d e s , [Sacramento 1550; 2224] A u g u s t 26, 1969. Deputy Administrator. [F.R. Doc. 69-10384; Filed, Aug. 29, 1969; CALIFORNIA 8:46 a.m.] [F.R. Doc. 69-10413; Filed, Aug. 29, 1969; 8:48 a.m.] Partial Revocation of Reclamation Project Withdrawals [Public Land Order 4679] By virtue of the authority contained in [Utah 0145693] Title 43— PUBLIC LANDS: section 3 of the act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 416), as amended UTAH INTERIOR and supplemented, it is ordered as Partial Revocation of National Forest follows: Withdrawal Chapter II— Bureau of Land Man 1. The order of the Bureau of Recla agement, Department of the Interior mation of October 23, 1947, concurred in By virtue of the authority vested in by the Bureau of Land Management on the President and pursuant to Executive APPENDIX-— PUBLIC LAND ORDERS November 6, 1947, withdrawing lands Order No. 10355 of May 26, 1952 (17 F.R. [Public Land Order 4677] for the Central Valley Project is hereby 4831), it is ordered as follows: [Utah 7681] revoked so far as it affects the following 1. Public Land Order No. 2354 of April described lands: 27, 1961, withdrawing national forest UTAH [Sacramento 1550] lands as administrative sites and recrea tion areas, is hereby revoked so far as it Partial Revocation of Public Water ount iablo eridian M D M affects the following described lands: Reserve T. 33 N„ R. 2 W., Sec. 8, Ny2SEi4 and SE% SE^; Salt Lake Meridian By virtue of the authority vested in Sec. 18, SE%. FISHLAKE NATIONAL FOREST the President by section 1 of the act of June 25, 1910 (36 Stat. 847; 43 U.S.C. The areas described aggregate ap Monroe Canyon Picnic Area 141), and pursuant to Executive Order proximately 280 acres in Shasta County. T. 25 S., R. 3 W., No. 10355 of May 26, 1952 (17 F.R. 4831), 2. The departmental order of May 8, Sec. 25, w y 2SW ]4SW % ; it is ordered as follows: 1913, withdrawing lands for the Truckee- Sec. 26, E i/2 SE % SE y4 ; 1. The Executive order of April 29, Carson Project, is hereby revoked so far Sec. 36, N W % N W % N W ^ . 1912, creating Public Water Reserve No. as it affects the following described The areas described aggregate 50 acres 5, Utah No. 3, is hereby revoked so far lands: in Sevier County. as it affects the following described [Sacramento 2224] 2. At 10 a.m. on October 1, 1969, the lands: Mount Diablo Meridian lands shall be open to such forms of dis Salt Lake Meridian TOITABE NATIONAL FOREST position as may by law be made of na T. 10 N., R. 15 W., tional forest lands. T. 10 N., R. 18 E., Sec. 5, sy2SW ]4; Sec. 2, Ey2SE%; H a r r is o n L o e s c h , Sec. 6, Si/2SE»4; Sec. 12, SEiASWi/4; Assistant Secretary of the Interior. Sec. 8, N»/2NW % . Sec. 23, N E & S W & and S E ^ S E ^ ; The area described contains 240 acres Sec. 24, N W ]4 N W % . A u g u s t 26, 1969. in Box Elder County, of which 80 acres - The areas described aggregate ap [F.R. Doc. 69-10385; Filed, Aug. 29, 1969; are patented. proximately 240 acres in Alpine County. 8:46 a.m.] The land is located 20 miles southwest 3. At 10 a.m. on October 1, 1969, the of Park Valley, Utah. The elevation is public lands described in paragraph 1 of [Public Land Order 4680] 5,000 feet. The soil is a deep clay loam. this order will be open to operation of the [Idaho 2377] The vegetative cover consists of a shad- public land laws generally, subject to scale, greasewood type. valid existing rights, the provisions of IDAHO 2. At 10 a.m. on October 1, 1969, the existing withdrawals, and the require land shall be open to operation of the ments of applicable law and procedures. Withdrawal for Lower Granite Lock public land laws generally, subject to All valid applications received at or prior and Dam Project valid existing rights, the provisions of to 10 a.m. on October 1, 1969, shall be By virtue of the authority vested i° existing withdrawals, and the require considered as simultaneously filed at the President and pursuant to Execiuive ments of applicable law. All valid appli that time. Those received thereafter Order No. 10355 of May 26, 1952 (17 Fit- cations received at or prior to 10 a.m. shall be considered, in the order of filing. 4831), it is ordered as follows: on October 1, 1969, shall be considered The lands have been open to applications as simultaneously filed at that time. and offers under the mineral leasing 1. Subject to valid existing rights, the Those received thereafter shall be con laws. They will be open to location under following described public lands * * sidered in the order of filing. the U.S. mining laws (30 U.S.C., Ch. 2), hereby withdrawn from all forms of aP* at 10 a.m. on October 1,1969. propriation under the public land laws, 3. The land will be open to location for including the mining laws (30 -J nonmetalliferous minerals at 10 a.m. on 4. The lands described in paragraph 2 Ch. 2), but not from leasing under tp October 1, 1969. It has been open to ap of this order are part of the Toiyabe mineral leasing laws, and reserved i plications and offers under the mineral National Forest. The N E ^ S W 1/^ sec. 23, the Lower Granite Lock and Dam rroy leasing laws, and to location under the T. 10 N. R. 18 E., is withdrawn in the Red U. S. mining laws for metalliferous Lake Reservoir Site No. 14, effective ect, Department of the Army: minerals. August 18, 1894, under the authority of Boise Meridian Inquiries concerning the land shall be the act of October 2, 1888 (25 Stat. 526; T. 35 N., R. 6 W., 12, addressed to the Manager, Land Office, 43 US.C. 662). Excepting the said NE^4 Unsurveyed island opposite lot 1> sec. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 RULES AND REGUIATIONS 13927 The island contains 7.17 acres, more or W illamette Meridian § 249.10 Amount, duration, and scope less, in Nez Perce County. T. 5 N„ R. 29 E„ o f medical assistance. 2. The withdrawal made by this order Sec. 34, S '/jN W ^. ♦ * * * * does not alter the applicability of the Containing 80 acres in Umatilla (b) Federal financial participa public land laws governing the use of tion. * * * the lands under lease, license, or permit, County. (15) * * * or governing the disposal of their min The lands are included in allowed en (vii) Effective only until January 1, eral or vegetative resources other than tries under the desert land laws. 1970, personal care services in a recipi under the mining laws. H a r r iso n L o e s c h , ent’s home prescribed by a physician in H a r r iso n L o e s c h , Assistant Secretary of the Interior. accordance with a plan of treatment and Assistant Secretary of the Interior. A u g u s t 26, 1969. rendered by an individual, not a member August 26, 1969. [F.R. Doc. 69-10387; Filed, Aug. 29, 1969; of the family, certified by a physician as [F.R. Doc. 69-10386; Filed, Aug. 29, 1969; 8:46 a.m.] being qualified to perform such services. 8:46 a.m.]' ***** (Sec. 1102,49 Stat. 647, 42 Ü .S.0.1302) [Public Land Order 4681] This revision shall be [Oregon 3441] Title 45— PUBLIC WELFARE Effective date. effective On the date of its publication in OREGON Chapter II— Social and Rehabilitation Service (Assistance Programs), De the F ederal R eg ist e r . Partial Revocation of Reclamation partment of Health, Education, and Dated: August 11, 1969. Project Withdrawal Welfare M a r y E. S w it z e r , Administrator, Social and By virtue of the authority contained in PART 249— SERVICES AND PAYMENT section 3 of the act of June 17, 1902 (32 Rehabilitation Service. IN MEDICAL ASSISTANCE PROGRAMS Stat. 388; 43 U.S.C. 416), it is ordered Approved: August 26,1969. as follows: Amount, Duration, and Scope of The departmental order of August 16, R o bert H . F in c h , 1905, withdrawing lands for the Umatilla Medical Assistance Secretary. Project, is hereby revoked so far as it Section 249.10(b) (15) (vii) is revised [F.R. Doc. 69-10425; Filed, Aug. 29, 1969; affects the following described lands: to read as follows: 8:49 a.m.] FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13928 Proposed Rule Making (ii) Any grapefruit of any variety, same with the Hearing Clerk, Room DEPARTMENT OF AGRICULTURE grown in the production area, which are 112A, U.S. Department of Agriculture, of a size smaller than 3%e inches in Washington, D.C. 20250, not later than Consumer and Marketing Service diameter, except that not more than 10 the 10th day after the publication of this [ 7 CFR Part 906 1 percent, by count, of such grapefruit in notice in the F ederal R eg ist e r . All writ any lot of containers, and not more than ten submissions made pursuant to this GRAPEFRUIT GROWN IN LOWER RIO 15 percent, by count, of such grapefruit notice will be made available for public GRANDE VALLEY IN TEXAS in any individual container in such lot, inspection at the office of the Hearing may be of a size smaller than 3%e inches Clerk during regular business hours (7 Handling in diameter; or CFR 1.27(b)). The recommendations by the Texas Consideration is being given to the (iii) Any grapefruit of any variety, Valley Citrus Committee reflect its ap following proposal, as hereinafter set grown as aforesaid, for which inspection praisal of the crop and current and forth, which would limit the handling is required unless an appropriate inspec tion certificate has been issued with re prospective market conditions. Ship of grapefruit by establishing minimum ments of oranges from the production grades and sizes, pursuant to § 906.40 spect thereto not more than 48 hours prior to the time of shipment. area are expected to begin on or about Issuance of regulations, which were September 15, 1969. The grade and size recommended by the Texas Valley Citrus (b) All grapefruit of any variety, grown as aforesaid, handled during the requirements provided herein are neces Committee, established pursuant to the sary to prevent the handling on and marketing agreement, as amended, and period specified in this section are sub ject to all applicable container and pack after September 15, 1969, of any oranges Order No. 906, as amended (7 CFR Part of lower grades and smaller sizes than requirements which are in effect pursu 906), regulating the handling of oranges those herein specified, so as to provide ant to the aforesaid marketing agree and grapefruit grown in the Lower Rio consumers with good quality fruit, con ment and order during such period. Grande Valley in Texas. This program sistent with (1) the overall quality of the ,(c) Terms used in the marketing is effective under the Agricultural Mar crop, and (2) maximizing returns to the keting Agreement Act of 1937, as amended agreement and order shall, when used producers pursuant to the declared policy (7 U.S.C. 601-674). herein, have the same meaning as is of the act. In addition, such oranges All persons who desire to submit writ given to the respective term in said mar must be inspected and certified no later ten data, views, or arguments in connec keting agreement and order; and terms than 48 hours prior to shipment. tion with the proposal should file the relating to grade and diameter, when Such proposal reads as follows: same with the Hearing Clerk, Room 112A, used herein, shall have the same mean Ü.S. Department of Agriculture, Wash ing as is given to the respective term in § 906.344 Orange Regulation 21. ington, D.C. 20250, not later than the the U.S. Standards for Grapefruit (a) Order: 10th day after the publication of this (Texas and States other than Florida, (1) During the period September 15, notice in the F ederal R e g ist e r . All writ California, and Arizona)- (§§ 51.620- 1969, through September 14, 1970, no ten submissions made pursuant to this 51.658 of this title). handler shall handle: notice will be made available for public Dated: August 26,1969. (i) Any oranges of any variety, grown inspection at the office of the Hearing in the production area, unless such Clerk during regular business hours (7 P a u l A. N ic h o l s o n , oranges grade U.S. Fancy, U.S. No. 1, CFR 1.27(b)). Deputy Director, Fruit and U.S. No. 1 Bright, U.S. No, 1 Bronze, U.S. The recommendations by the Texas Vegetable Division, Consumer Combination, with not less than 60 per Valley Citrus Committee reflect its ap and Marketing Service. cent, by count, of the oranges in each praisal of the crop and current and pro [F.R. Doc. 69-10406; Filed, Aug. 29, 1969; container thereof grading at least U.S. spective market conditions. Shipments of 8:47 a.m.] No. 1 grade and the remainder grading grapefruit from the production area are U.S. No. 2; or U.S. No. 2. expected to begin on or about Septem (ii) Any oranges of any variety, grown ber 15, 1969. The grade and size require 17 CFR Part 906 ] as aforesaid, which are of a size smaller ments provided herein are necessary to ORANGES GROWN IN LOWER RIO than 2%e inches in diameter, except that prevent the handling on and after Sep not more than 10 percent, by count, of tember 15, 1969, of any grapefruit of GRANDE VALLEY IN TEXAS such oranges in any lot of containers, lower grades and smaller sizes than those Handling and not more than 15 percent, by count, herein specified, so as to provide con of such oranges in any individual con sumers with good quality fruit, consist Consideration is being given to the tainer in such lot may be of a size smaller ent with (1) the overall quality of the following proposal, as hereinafter set than 2%e inches in diameter; or crop, and (2) maximizing returns to the forth, which would limit the handling (iii) Any oranges of any variety, grown producers pursuant to the declared policy of oranges by establishing minimum as aforesaid, for which inspection is re of the act. In addition, grapefruit must grades and sizes, pursuant to § 906.40 quired unless an appropriate inspection be inspected and certified no later than Issuance of regulations, which were certificate has been issued with respect 48 hours prior to shipment. recommended by the Texas Valley Citrus thereto not more than 48 hours prior to Committee, established pursuant to the Such proposal reads as follows : the time of shipment. marketing agreement, as amended, and § 906.343 Grapefruit Regulation 21. Order No. 906, as amended (7 CFR Part (b) All oranges of any variety, grown as aforesaid, handled during the period (a) Order: 906), regulating the handling of oranges specified in this section are subject to (1) During the period September 15, and grapefruit grown in the Lower Rio 1969, through September 14, 1970, no Grande Valley in Texas. This program is all applicable container and pack re quirements which are in effect pursuant handler shall handle: effective under the Agricultural Market to the aforesaid marketing agreem ent - (i) Any grapefruit of any variety, ing Agreement Act of 1937, as amended grown in the production area, unless (7 U.S.C. 601-674). and order during such period. such grapefruit grade U.S. Fancy; UJ3. All persons who desire to submit writ (c) Terms used in the marketing No. 1 Bright; U.S. No. 1; U.S. No. 1 ten data, views, or arguments in con agreement and order shall, when used Bronze; or U.S. No. 2; nection with the proposal should file the herein, have the same meaning as is FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13929 given to the respective term in said mar 3. The WARC was held at Geneva, into accord with rules for the other 49 keting agreement and order; and terms Switzerland, between the dates of Sep States. Inclusion of Alaska in rules appli relating to grade and diameter, when tember 18, and November 3, 1967. That cable to the other 49 States will facili used herein, have the same meaning as conference adopted widespread revisions tate Commission Administrative func is given to the respective term in the U.S, of the IR R bearing on the maritime mo tions. Further, as a practical matter, this Standards for Oranges (Texas and States bile service. The Commission has four action will remove divergencies between other than Florida, California, and Ari rule making proceedings that provide for the rules applicable to Alaska and those zona) (§§ 51.680-51.712 of this title). orderly conversion and/or implemen applicable to the other 49 States. It is not tation of these revised regulations, as envisaged that this action will impose Dated: August 26,1969. follows: unique hardship upon Commission licen P a u l A . N ic h o l s o n , Docket No. 17295: Amendment of sees in Alaska; or, that Alaska will be Deputy Director,J£ruit and Veg Parts 2, 81, and 83: Reduction of chan exempt from programs applicable to the etable Division, Consumer and nel spacing to 25 kc/s, allotment of chan other 49- States. Marketing Service. nels, establishment of revised technical 5. Turning now to the actions of the [F.R. Doc. 69-10407; Filed, Aug. 29, 1969; criteria and categories of communication WARC, the schedule for mandatory con 8:48 a.m.] in the maritime mobile service band 156- version from DSB to SSB, as adopted by 162 Mc/s for VHF radiotelephony (Re that conference, for the band 1605-4000 port and order released July 25, 1968); kc/s, states that administrations shall: Docket No. 18218: Amendment of Discontinue new installations of DSB Parts 2, 81, and 83: To establish a sched in ship stations at the earliest possible FEDERAL COMMUNICATIONS ule of dates, revised technical standards, date after April 1, 1969; and prohibits frequencies, and other requirements for such installations after January 1, 1973; COMMISSION the orderly transition of ship and coast Equip coast stations for SSB operation I 47 CFR Parts 2, 81, 83, 85 1 radiotelegraph stations from present at the earliest possible date and discon frequency assignments in the low, me tinue use of DSB as early as possible, but [Docket No. 18632; FCC 69-873] dium, and high frequency bands to new not later than January 1, 1975; MARITIME SERVICES AND PUBLIC assignments within allotments and/or Until January 1, 1982, require coast frequency usage as adopted by the ITU and ship stations equipped for SSB to FIXED STATIONS IN ALASKA World Administrative Radio Conference be equipped also to transmit class A3H Establishment of Schedule of Dates, on marine matters, Geneva, 1967 (Re emission compatible with reception of Technical Standards, Frequencies port and order released Jan. 28, 1969); DSB. The requirement to provide class Docket No. 18271: Amendments of A3H emission on 2182 kc/s is continued and Other Requirements for Use of Parts 2, 81, 83, and 85: To effect orderly indefinitely; Radiotelephony, Radiotelegraphy shifts from present double sideband After January 1, 1982 (except for 2182 and Single Sideband Emissions on (DSB) and/or single sideband (SSB) to kc/s, selective calling and safety fhes- Certain Frequencies new (replacement) frequencies; to estab sages on 2170.5 kc/s, and emergency lish a revised schedule of dates, technical position-indicating radio beacons), au In the matter of amendment of Parts standards, frequencies, and other re thorize the use of class A3A and A3J; 2, 81, and 83 and the deletion of Part quirements for the transition of ship and Not authorize use of class A3H emis 85 to establish for the State of Alaska coast stations from DSB to SSB radio sion on SSB channels in the lower part of a schedule of dates, technical standards, telephony on frequencies within the re previous DSB channels. frequencies, and other requirements for vised frequency allotments adopted by 6. At the WARC, only a few adminis the use of radiotelephony, radioteleg the World Administrative Radio Confer trations indicated that they were ex raphy, and single sideband emissions on ence, Geneva— 1967, for the exclusive HF periencing congestion and interference frequencies below 4000 kc/s, for the maritime mobile service bands between on 2 Mc/s frequencies to a degree similar maritime services in Alaska, and below 4 and 23 Mc/s (Notice of proposed rule to that existing in U.S. waters. The man 12,000 kc/s, for Alaska-public fixed sta making released Aug. 8, 1968); and datory dates for completion of conver tions, and to make other incidental rule Docket No. 18307: Amendment of sion to SSB were, accordingly, extended changes; Docket No. 18632. Parts 2, 81, and 83: To establish a sched over a 14-year period. Nonetheless, in 1. In Docket No. 15068, released ule of dates, technical standards, fre recognition of the need of some admin July 27, 1964, the Commission estab quencies and other requirements for the istrations for conversion -at an earlier lished technical standards, applicable to use of single sideband radiotelephony on time, the WARC urged that the use of frequencies above and below 4000 kc/s, frequencies below 4000 kc/s in the Mari DSB be discontinued aboard ship stations for the use of single sideband in the time Services, and to make other inciden and at coast station and that coast sta Maritime Services.-In that proceeding tal rule changes, except in Alaska and the tions be equipped for SSB operation at the Commission established a schedule Great Lakes (Notice of proposed rule the earliest possible date. of dates for mandatory conversion from making released Sept. 12, 1968). 7. The Commission has given ex Rouble sideband emission (DSB) to 4. Except for the proceeding in Docket tended consideration to known practical smgle sideband (SSB) on frequencies be No. 18307, these rule making actions ap measures to meet the needs of vessels tween 4000 kc/s and 27,500 kc/s. Further, ply to all geographic areas of Commis operatfiig in U.S. waters for short-dis while the Commission encouraged users sion jurisdiction. The proceeding in tance radiotelephony communication in ®f radiotelephony, on a voluntary basis, Docket No. 18307, however, was made the Maritime Services. As explained in to convert to SSB on frequencies below not applicable to Alaska because of the its proceeding in Docket No. 17295, the 4000 kc/s, it did not make such con complexity and scope of action required. Commission is proposing a two-step version mandatory. The increased complexity in the case of program to effect improvements in 2. The Commission released a series Alaska arises from necessity to develop radiotelephony communication in the Of six notices of inquiry (Docket No. two frequency plans, one for the mari Maritime Services. The first of these 16440) in the matter of preparation for time services and one for the system of steps was adopted in the above refer a world Administrative Radio Confer Alaska-public fixed stationsr Further, enced Docket No. 17295, in regard to use ence (WARC) of the International Tele the system of Alaska-public fixed sta of very high frequencies (V H F -F M ). communication Union (IT U ) to consider tions provide a service which is not par The second step is set forth herein. amendment of the International Radio alleled elsewhere in the United States 8. The matter of congestion on mari regulations (IR R ) presently applicable and, therefore," lends itself to separate time radiotelephony frequencies in the î° maritime services. Agenda Item solution. The scope of action required in band 1605-4000 kc/s is well recognized of the WARC provided for considera the case of Alaska is greater, because and has received wide documentation in ron of the use of SSB technique in the of the applicability to Alaska of a sepa trade publications over an extended mobile service in the bands rate part (Part 85) of the FCC rules, period of time. This congestion accrues , e that service between 1605 and the Commission’s intent and desire from the large number of users; the and 4000 kc/s, among others. to bring the rules applicable to Alaska small number of frequencies available; FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13930 PROPOSED RULE MAKING the characteristic of the modulation (d) After January 1, 1977, use of 2 14. The Commission does not propose, technique (double sideband) used; and Mc/s radiotelephony will be limited to in this proceeding, to decide whether full undesired ionospheric propagation at SSB and will be available only to ves-__ carrier (A3H) emission on frequencies distances beyond the range of desired sels which are equipped also with VHP. other than 2182 kc/s should be available communication. There are, of course, Coast stations. The effect of the vari to coast stations during the period Jan other factors which contribute in a lesser ous amendments proposed for coast sta uary 1, 1977, to January 1, 1982. If cir degree to this congestion. tions is as follows: cumstances immediately prior to January 9. The major consequence of the con (a) To continue to authorize installa 1, 1977, indicate it is operationally feasi gestion on radiotelephony 2 Mc/s chan tion of DSB until January 1, 1971; ble to do so, it is, of course, desirable to nels, and about which the Commission (b) Until January 1, 1971, transmis relieve coast stations of a requirement to is most apprehensive, is the substantial sion of SSB would be permissive; after provide full carrier (A3H) on frequencies lowering of the distance over which January 1, 1971, capability to use full other than 2182 kc/s. A decision in that communication is effective; and, in turn, carrier, reduced carrier, and suppressed regard would take account, particularly, the adverse affect which this reduced carrier emissions would be required; of the status of progress made by ships range has upon the maritime safety sys .(c) On the international distress and of other countries, which have need to tem. With an increased number of ves calling frequency 2182 kc/s, require ca communicate with U.S. coast stations, sels in operation, which are equipped pability: until January 1, 1971, to trans to convert from DSB to SSB. Based on for use of radio, the effective communi mit DSB or SSB (A3H) and receive DSB the actual situation then existing, such cation range obtained on these frequen and SSB (A3H) ; during the period rule making could be developed during cies, and on 2182 kc/s in particular, must January 1, 1971, to January 1, 1977, to the latter part of 1976. be sufficient to permit a satisfactory transmit SSB (A3H) and receive DSB 15. The Commission is proposing re functioning of the maritime radio safety and SSB (A 3 H ). duction of the authorized bandwidth system. (d) After January 1, 1977, except for for emissions A3A, A3H, and A3J on 10. Prom the technical and practical safety communications and where com frequencies in the 2000-3400 kc/s band point of view, the communication range munications requirements cannot be ful from 3.50 to 3.00 kc/s. The carrier of the of 2 Mc/s can be greater than VHF if filled by VHF, frequencies in the band lower-half channel SSB frequency has the congestion and interference are re 2000-2850 kc/s will not be available for been positioned to correspond with this moved (from 2182 kc/s in particular). use in ports and harbors, on lakes or reduced bandwidth, i.e., 3.00 kc/s below The realization of this communication rivers, or for communication involving the DSB carrier which now appears in capability would permit 2182 kc/s to be passage of ships through locks, bridge Parts 81 and 83. The reduction in author used effectively for the function for «areas, or Government controlled water ized bandwidth in the band 2000-3400 which it was allotted, that is, as the ways. kc/s is the consequence of (a) the large international distress and Calling fre 12. The proposed schedule of conver number of current assignments, both quency on a worldwide basis. In sion to SSB for public coast and Alaska- Government and non-government, which weighing the relative safety needs of the public fixed stations provides a common over the years have been progressively category of user which is within VHP changeover date, i.e., January 1, 1971. squeezed into this band; and (b) to the range of shore, but who uses 2 Mc/s; This common date is based on the under extent practicable, the need to obtain versus the category of user which is be standing that much of the equipment and provide the maximum possible num yond VHP range of shore and has no used for public coast communications is ber of channels in this band. alternative medium; it is necessary to also used for Alaska-public fixed com 16. The technical' specifications for give preference to the latter category, munications. On this basis, there would SSB proposed herein are designed to con the user which is beyond VHF range of be no burden imposed upon the licensee form with plans for SSB use which have shore. To do this, it is necessary to im by a common date. There is, however, developed during the past 12 years and pose limitations in regard to availability benefit from application of this common coordinated with other Government of 2 Mc/s to the former category, the earlier date (as contrasted to the date of agencies and international organizations user which is within VHP range of shore. Jan. 1, 1977, which is applicable to ship such as the CCIR and ITU. 11. In order to increase the number stations), since the additional frequen 17. Technical feasibility appears to of channels, to reduce congestion and cies would become available to all users rule out the simultaneous use by a single interference, to establish VHP as the 6 years earlier. coast station of both upper-half SSB short-distance communication system in 13. In regard to conversion of ship sta channel and lower-half SSB channel, as U.S. waters, to effect needed improve tions from DSB to SSB, since specific derived from one DSB channel after con ments in communications, to enhance transmitters are not listed on ship station version to SSB. Set forth below, to the the maritime radio safety system, and to licenses, adjustments will be made to the extent practicable, the Commission has provide for future use of VHP, the Com Commission’s Radio Equipment List in endeavored to provide the maximum mission herein proposes (a) a schedule regard to equipments acceptable for feasible separation between locations of dates for converting DSB to SSB ;and licensing under Part 83 of the rules. Type to which the lower-half channel is al (b) a limitation on availability and use acceptance will be withdrawn,1 effective lotted (see §§ 81.307, 81.308, 81.708, of frequencies in the band 2000-3400 January 1, 1971, for DSB transmitters 81.709, 81.710, 83.370, 83.372, and 83.371). kc/s. These proposals are outlined as operating in the band 2000-3400 kc/s. 18. The proposed amendment of § 83.- follows: The installation of DSB transmitters for 134 will provide for the use aboard ship Ship stations. Availability of 2 Mc/s which type acceptance has been with stations of a maximum transmitter pow to ship stations would be limited to those drawn will not be authorized after that er on the intership frequencies 2170.5 vessels which are equipped with VHP and date. Provided, however, That in a ship and 2191 kc/s, which does not exceed which operate at distances from shore radio station authorized to operate on the power which may be used on 2182 which are beyond VHP range. This is frequencies in the band 2000-3400 kc/s, kc/s. fitted into the schedule of conversion to DSB equipment may continue to be 19. The revised list of intership fre SSB as follows: authorized for a period not to extend quencies in Part 83 includes those SSB (a) Until January 1, 1971, DSB will beyond January 1,1977, where the license frequencies which will be available fol continue to be authorized as at present; was granted prior to January 1,1971, and lowing conversion from DSB to SSB. (b) After January 1, 1971, new instal has not expired, been canceled, or As indicated in footnote 1 to § 83.358, the lations aboard ship stations will be au revoked. Commission is not proposing to desig thorized use of SSB only where such ship nate, at this time, the specific intership stations are equipped also with VHP; 1 The specific procedure will be to add a use which is to be made of the newly (c) During the period January 1, note in the Radio Equipment List to DSB created SSB channels, following com 1971, to January 1, 1977, installations of transmitters indicating nonacceptability for 2 Mc/s DSB, authorized prior to Janu new installations after Jan. 1, 1971, and de version of the currently available DS® ary 1,1971, will be amortized; and leting all use after Jan. 1, 1977. channels to SSB. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13931 20. On the other hand, the WARC considered by the Commission before Released: August 25,1969. made permissible the use of eight fre final action is taken in this proceeding. F ederal C ommunications quencies in the 2065—2107 kc/s band for In reaching its decision in this proceed C o m m is s io n , single sideband radiotelephony, limited ing, the Commission may also take into [ s e a l ] B e n F . W a p l e , to emissions A3A and A3J. As indicated consideration other relevant information Secretary. in footnote 2 to § 83.358, it is expected before it, in addition to the specific com that only a portion of these (eight) ments invited by this notice. A. Part 2, Frequency Allocations and frequencies will be available for use in 26. In accordance with the provisionsRadio Treaty Matters; General Rules the United States. The selected fre set forth in § 1.419 of the Commission’s and Regulations, is amended as follows: quencies are expected, however, to be rules, an original and 14 copies of all § 2.106 [Amended] available for assignment immediately statements, briefs or comments shall be 1. Section 2.106, for the frequency following finalization of rule making in furnished the Commission. this proceeding. bands 2170-2194 kc/s, is amended in col 21. Based on available information, it Adopted: August 13,1969. umns 7-11 to read as follows: now appears that various facilities of the U.S. Air Force Alaska Communica Band (kc/s) Service . Class of station Fre NaturelofstationsNaturef0 F SERVICES tion System (ACS) will be sold to a com quency mercial enterprise in the near future 7 8 9 10 11 and, thereafter, will be licensed by the Commission. While the effective date of * * * * * * * * * * ♦ * * * * the transfer of ACS facilities is not 2170-2173.5 MARITIME MOBILE. Ship. MARITIME MOBILE. known, it appears this transfer will be 2173.6-2190. 5 MOBILE. Aircraft. AERONAUTICAL MOBILE completed prior to termination of this (201) Coast. (telephony). Ship. M ARITIM E M OBILE (telephony). proceeding. Therefore, to provide for fu Survival craft. 2182 (NG22). ture licensing, the proposed amendments Distress and calling frequency. of Part 81 include coast station and 2190. 5-2194 MARITIME MOBILE. Ship. MARITIME MOBILE. Alaska public-fixed station frequencies currently operated, by the ACS. These N ote: Reference hereafter in. this part to 2. Footnotes to the Table, Geneva the “Alaska area” includes all of the “Zones” frequencies will not be available for as defined in paragraph (b ) of this section. signment by the Commission until after Footnotes, number (201) is amended to the transfer of ACS facilities has been read as follows: (b) Alaska zones. For the same purpose completed. (201) The frequency 2182 kc/s is the in expressed in paragraph(a) of this section, 22. General Order No. 79 of the Fed ternational distress and calling frequency the Alaska area is" subdivided into six eral Radio Commission, adopted Decem for radiotelephony. The conditions for the zones, defined as follows: use of the band 2170-2194 kc/s are prescribed ber 20, 1929, authorized use of both ra Zone 1. That portion of the Alaska area diotelephony and radiotelegraphy on in Article 35. east of 142° west longitude and south of 61* seven frequencies for ship-to-shore and A. Part 81, Stations on Land in the north latitude. coast station communications. That or Zone 2. That portion of the Alaska area Maritime Services, is amended as fol bounded on the east by a line south of 61® der also provided for use of both radio lows: telephony and radiotelegraphy on five north latitude which coincides with 142® 1. The title of Part 81 is amended to west longitude, and by a line north of 61® frequencies for short-distance point-to- read as follows: north latitude which coincides with the point communications. In the years boundary line between Alaska and Canada, which followed, the rules have continued FART 81— STATIONS ON LAND IN THE and by a line coinciding with 61 ° north lati the availability of both radiotelephony MARITIME SERVICES AND ALASKA- tude which joins those two lines; and and radiotelegraphy on public coast, ship PUBLIC FIXED STATIONS bounded on the west by a line south of 62® station and Alaska-public fixed fre north latitude which coincides with 149® west quencies. Available information indi 2. A new § 81.9 is added to read as longitude, thence running due south to 60® 30' north latitude, thence due west to 150® cates radiotelegraphy has not been used follows: % west longitude, thence due south to the on public coast and Alaska-public fixed § 81.9 Alaska-public fixed. southern limit of the Alaska area, and frequencies, above 1605 kc/s, for a sub bounded on the north by a line coinciding stantial number of years. Further, we (a) Alaska area. For the purpose ofwith 62® north latitude. — are advised that current installations do frequency assignments to radio services Zone 3. That portion of the Alaska area not provide for the use of radioteleg and stations governed by this part, the bounded on the north by a line which coin raphy. In keeping therewith the Com Alaska Area is defined as follows: cides with 62° north latitude and extends mission proposes in the appended rules to eastward from 155® west longitude to 149® The area bounded by a line extending due west longitude, thence due south to 60° 30' delete availability of radiotelegraphy on west—from the end of the southernmost north latitude, thence due west to 150° west frequencies above 1605 kc/s In the Alaska boundary line between Canada and the main longitude, thence due south to the southern area. land of southeastern Alaska—to 131° west limit of the Alaska area, thence westward to 23. An application for modification longitude, thence due south to 54° 30' 155° west longitude, thence due north to 62° submitted solely for a frequency change north latitude,, thence due west to 142° north latitude. that is necessary to comply with the rule west longitude, thence due south to 50° Zone 4, That portion of the Alaska area amendments adopted herein may be sub north latitude, thence due west to 165° west west of 155° west longitude which is bounded longitude, thence due south to 47° north on the north by a line coinciding with 62° mitted without a fee. latitude, thence due west to the boundary north latitude extending due west to 164° 24. The proposed amendments, as set line between Regions 2 and 3 (as this line is west longitude, thence bounded on the west forth below, are issued pursuant to the defined by the Geneva Radio Regulations, by a line coinciding with 164® west longitude authority contained in section 303 (c), 1959), thence generally northward along this extending due south to 58° north latitude, (f). (g ), and (r) of the Communications boundary line to 80° north latitude, thence thence bounded on the north by a line coin Act of 1934, as amended. due east to 135° west longitude, thence due ciding with 58° north latitude extending due 25. Pursuant to the applicable proce south to 70° north latitude, thence due west west to the western boundary of the Alaska dures set forth in § 1.415 of the Commis to- 140° west longitude, thence generally area. southwest to the northern end of the bound Zone 5. That portion of the Alaska area sion’s rules, interested persons may file ary line between the mainland of northern west of 155° west longitude which is not in comments on or before September 29, Alaska and Canada, thence following the cluded in Zone 4. 1969, and reply comments on or before boundary line between Alaska and Canada Zone 6. That portion of the Alaska area east October 10,1969. All relevant and timely to the southernmost point of this line in of 155® west longitude and north of 62® north comments and reply comments will be southeastern Alaska. latitude. / FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 No. 167- 13932 PROPOSED RULE MAKING Note : The following diagram illustrates the subdivision of Alaska into the six zones. tion without change is desired) shall be filed with the Commission. (i) An application by a corporation for a construction permit for an Alaska - public fixed station or a public coast sta tion in the Alaska area proposing to establish common carrier radio facilities must (unless previously filed with the Commission) be accompanied by a copy of the applicant’s charter, acts of incor poration, or articles of incorporation certified by the Secretary of the State of the place of incorporation,..or certified otherwise by an appropriate public official. 4. In § 81.40, new paragraphs (c) and (d) are added to read as follows: § 81.40 One application for plurality of stations. * * * * * (c) In addition to the provisions of paragraphs (a) (3) and (4), and (b) of this section, one application may be sub mitted by tlie same applicant to cover an Alaska-public fixed station and a public coast station at the same location in the Alaska area in the following categories: (1) Application for construction per mit; (2) Application for license; ALASKA (3) Application for modification of Frequency Assignment Zones construction permit or license when the desired modification will apply similarly (c) Alaska Communication System or written application therefor in proper to both classes of station; ACS. The telecommunication system form first is filed with the Commission. (4) Application for renewal of license. within Alaska and between Alaska and (b) Standard forms are prescribed (d) The provisions of paragraph (c) other areas which is operated by the U.S. herein for use in connection with the of this section shall apply on condition Air Force to provide public correspond majority of applications submitted for that the respective fixed and coast sta ence by means of common carrier coast Commission consideration. These forms tions covered by each application are stations and fixed stations. may be obtained without cost from the clearly identified therein and all of the (d) “ Common carrier” or “carrier”. Commission at Washington, D.C. 20554, required information in respect to each or from any of its field offices. “ Common carrier” or “carrier” means class of station is included therein. any person engaged as a common carrier (c) Except as otherwise permitted by this part, a separate application shall 5. In § 81.68, new paragraphs (d) and for ¿lire, in interstate or foreign com (e) are added to read as follows: munication by wire or radio or in inter be filed in respect to each station and state or foreign radio transmission of service subject to this part. § 81.68 One authorization for plurality energy, except where reference is made (d) Except as otherwise provided by of stations. to common carriers not subject to the this section, each application for radio * * * * * Communications Act of 1934, as station authorization, and all corre (d) Unless otherwise determined by amended; but a person engaged in radio spondence relating thereto, shall be sub the Commission, one construction per broadcasting shall not, insofar as such mitted in duplicate (unless otherwise mit or one station license may be issued person is so engaged, be deemed a com specified in a particular case or with to authorize the construction, or use and mon carrier. respect to a particular form) to the operation, respectively, of an Alaska^ (e) Alaska-public fixed station. A Commission’s main office in Washington, public fixed station and a public coast fixed station in Alaska, which is open to D.C. station in the Alaska area when: (e) Each application for construction public correspondence and is licensed (1) The licensee or permittee of each by the Commission for radio-communi permit, license, or modification of con struction permit or license, for an class of station is the same; cation between specified fixed points in (2) The location of each class of sta Alaska exclusively. Alaska-public fixed station or coast sta tion in the Alaska area, including cor tion is identical; (f) Point of communication. This respondence relating thereto, shall be (3) The conditions which establish term, when applied to an Alaska-public filed in triplicate with the Commission’s and maintain control of each class of fixed station, means a specified fixed sta Engineer in Charge at Seattle, Wash. station by the permittee or the station tion or specified geographic location with 98104. licensee are the same. which such station is authorized to (f) Except as otherwise provided in communicate. (e) Whenever a single station au §§ 81.32 and 81.41, an application should thorization is issued in accordance with 3. Section 81.24 is amended to read asbe filed at least 60 days prior to the paragraph (d) of this section, distinction follows: earliest date on which it is desired that will be shown in each such document as the requested authorization be granted may be necessary in respect to the de § 81.24 Application precedent to author by the Commission in order that action tails of authorization for each service ization. thereon may be taken by that date. and each class of station except as these (a) Except as otherwise provided in (g) The application shall be specific may be otherwise established by appli §§ 81.26 and 81.41, no authorization will and complete with regard to the infor cable rules and regulations of the Com be granted for use or operation of any mation required in the application form, mission. Unless the station authorization radio station on land in any service or otherwise specifically requested by the provides otherwise, the same radio trans governed by this part, nor for any change Commission. mitting apparatus may be used for both in station control, facilities, services, (h) All applications for renewal of fixed service and maritime mobile serv equipment, or antenna, unless formal station license (when continued opera ice whenever it is capable, by reason of FEDERAL REGISTER, VOL. 34, NO. 167-^SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13933 frequency tuning range, technical ad as soon as practicable, m respect to any (d) Each station using telephony shall, justment, power, frequency stability and other class of station (except a marine- when an authorized operator is present emission of being so used. utility station or a shipyard mobile sta at the principal operating location, be capable of changeover from telephone 6. In § 81.74, paragraph (a) is amendtion) subject to this part, such notifica ed by the addition of footnote 1, to read transmission to telephone reception and tion need be made only when the as follows: vice versa within a total period of 2 sec discontinuance, reduction, or impairment onds under circumstances which do not § 81.74 Notice of involuntary discontin of service continues for a period of more require a change in operating radio uance, reduction, or impairment of channel at the same time. service. than 10 days. In the event any voluntary suspension, reduction, or discontinuance (e) Each station shall, during its hours (a) If, for any reason beyond the con of service and when the authorized op trol of the station licensee, the service operation includes discontinuance, re erator is present at the principal oper provided by a public coast station is dis duction, or suspension of a watch ating location, be capable o f: continued, reduced or impaired for a normally kept by any coast station on (1) Commencing operation within 1 period exceeding 24 hours, the station li 500 kc/s or 2182 kc/s, immediate, notifica minute after the need to do so occurs; censee shall immediately notify1 the tion 1 thereof shall be given by the station (2) Discontinuing all emission within Commission at Washington, D.C. 20554, licensee to the nearest district office of 5 seconds after emission is no longer re and the Commission’s Engineer in Charge quired or after the necessity arises for of the radio district in which the station • the U.S. Coast Guard and to the Com emission to cease. is located. In such cases, the licensee mission’s Engineer in Charge of the radio (f) Each station using a multichannel shall furnish full particulars as to the district in which the station is located, installation for telegraphy shall, when reasons for such discontinuance, reduc together with notification of the esti the authorized operator is present at the tion or impairment of service including a mated or known time of resumption of principal operating location, be capable statement as to wjien normal service is any such watch that has been suspended. of changing, hfter the need to do so expected to be resumed. In the event such occurs, from each operating radio chan changes in station operation include dis 1 In the Alitska area, notification shaU be given to the U.S. Coast Guard office in nel for telegraphy to any other operating continuance, reduction or suspension of Juneau, Alaska, or to the nearest office or radio channel for telegraphy within the a watch normally kept on 500 kc/s or station of the Alaska Communication System same characteristic portion of the spec 2182 kc/s, immediate notification1 that can be contacted via available channels trum below 515 kc/s within a period of thereof shall be given by the station li of communication (preferably by wire or 5 seconds: Provided, however, That this censee to the nearest district office of the radio) and to the Commission’s Engineer in requirement need not be met by equip U.S. Coast Guard and to the Commis Charge at Anchorage, Alaska. ment intended for use only in emer sion’s Engineer in Charge of the radio 8. Section 81.106 is amended to readgencies and not used for normal com district in which the station is located as follows: munication. together with notification of the esti (g) Every coast station using a multi mated or known time of resumption of § 81.106 Operating controls. channel installation for radiotelephony such watch. When normal service is re Each coast station, Alaska-public fixed sumed, immediate notification1 thereof station* or shipyard base station subject shall, when the authorized operator is shall be given to the Commission at to this part shall provide operating con present at the principal operating loca Washington, D.C. 20554, and to the Com trols in accordance with the following: tion, be capable of changing, after the mission’s Engineer in Charge of the radio (a) The transmitting apparatus of need to do so occurs, from one operating district in which the station is located. radio channel for telephony to another When the watch to which reference is stations subject to this part shall be in operating radio channel for telephony made herein is resumed, immediate noti stalled and protected so as to be not ac fication 1 thereof shall be given to the cessible to other than duly authorized within: Coast Guard and the Commission’s Engi persons. (1) A period of 5 seconds, when neer in Charge. (b) Except for equipment intended for changing from the calling channel to a 1In the Alaska area, notification shall be use only in emergencies and not used for working channel and vice versa within given to the U.S. Coast Guard office in the frequency band 1600 kc/s to 4000 Juneau, Alaska, or to the nearest office or normal communications, operating con station of the Alaska Communication System trols shall be available at the principal kc/s; or that can be contacted via available channels operating location of each station and (2) A period of 3 seconds, when chang of communication (preferably by wire or shall be readily accessible to the author ing from the calling frequency to a work radio) and to the Commission’s Engineer in ing frequency and vice versa within the Charge at Anchorage, Alaska. ized operator. The operating controls provided shall include those used for: band 156 to 162 Mc/s. 7. Section 81.75 is amended by addi (h) (1) Each coast station authorized tion of footnote 1, to read as follows: Cl) Commencing and discontinuing normal operation; to operate on a secondary basis as a ship § 81.75 Notice of voluntary discontinu (2) Normally changing from each op yard base station, shall, while so operat ance, reduction, or impairment of ing, comply with the provisions of this service. erating radio channel to any other asso ciated operating radio channel in the section which apply to coast stations When the service of any station sub using telephony. ject to this part (other than a marine- same characteristic portion of the spec utility station or a shipyard mobile sta trum; and (2) Each shipyard mobile station shall tion) is discontinued, reduced or (3) Normally changing from trans comply with the provisions of this sec impaired for any reason within the con mission to reception, and vice versa. tion which apply to coast stations using trol of the station licensee, immediate (c) Each station using telegraphy telephony. notification1 thereof shall be given to the shall, when an authorized operator is 9. In § 81.131, paragraphs (b) (2) and Commission’s Engineer in Charge of the present at the principal operating loca (3) are amended by addition of foot radio district in which the station is lo tion, be capable of changeover from notes 1 and 2; a new paragraph (f) is cated, together with, in the case of telegraph transmission to telegraph re added, to read as follows: suspension, a statement of the estimated ception and vice versa within a total pe § 81.131 Authorized frequency toler or known time of resumption of normal riod of 2 seconds under circumstances ance. service. In the case of a public coast which do not require a change in operat * * * * • station, such notification shall be given ing radio channel at the same time. (b) * * * FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13934 PROPOSED RULE MAKING Tolerance— parts in 10s Frequency band Classes of emission unless shown (1) Coast stations using telegraphy: as cycles per 14 to 160 kc/s______A l. Frequency ranges second (c/s) 160 to 490 kc/s______A l; A2 for distress, urgency and safety (2) Prom 1605 to 4000 kc/s: signals or any communication pre For other than A3A, A3li and ceded by one of these signals. A3J emissions------150 490 to 525 kc/s______A l and A2. For A3A, A3H, A3J, and A2J 2065 to 27,500 kc/s, except Alaska______Al. (2) Coast stations using radiotelephony: emissions ______20 c/s (i) For frequencies designated in § 81.304(a): (3) From 4000 to 27,500 kc/s: 2182 kc/s______;______Until Jan. 1, 1971: A3 or A3H; after (i) For A3A, A3B, A3H, and Jan. 1, 1971: A3H. A3J emissions______20 c/s All other frequencies______A3, A3H, A3 A, or A3J as specified in (ii) For narrow-band direct- § 81.304. printing telegraph and data (ii) For frequencies designated in §§81.307 A3, A3H, A3A, or A3J as specified in transmission systems------20 c/s and 81.308. §§ 81.307 and 81.308. (iii) For other than (i) and * * * * * * * (ii), above ----- — ------.— _ 215 (6) Alaska-public fixed stations:, For telephony: 1 The tolerance shown in the table is appli 1605-12,000 kc/s______A3, A3 A, A3H, or A3J until Jan. 1, cable in the Alaska area to all types of trans 1971; A3A or A3J after Jan. 1, 1971. mitters after Jan. 1, 1974, and to new types * * • * * * * of transmitters brought into service after Jan. 1,1970. Types of transmitters authorized 11. In § 81.133(a), the table and foot (c) The transmitter power for coast in coast stations in the Alaska area prior to note 4 are amended to read as follows: stations, except in the Alaska area, using Jan. 1, 1970, may continue with a tolerance § 81.133 Authorized bandwidth. telephony below 27.5 Mc/s shall not ex of 100 parts in 10® until Jan. 1, 1974. ceed the values set forth in this s The tolerance shown in the table is appli (a) * * * paragraph. cable in the Alaska area to all types of trans ***** mitters after Jan. 1, 1974, and to new types Emission Authorized Class of emission designator bandwidth (g) For coast stations in the Alaska of transmitters brought into service after (kc/s) Jan. 1,1970. Types of transmitters authorized area, transmitter power in the bands be in coast stations in the Alaska area prior to Al______. 0.16A1______0.3 low 12,000 kc/s shall not exceed the in Jan. 1, 1970, may continue with a tolerance A2...... 2.66A2...... - 2.8 dicated values in watts: A3...... 6A3...... 8.0 of 50 parts in 10® until Jan. 1, 1974. A3A.....-...... 2.8A3A...... ‘ 3.0 * * * * * A3B______. 5.6A3B...... 6.0 Frequency Trans A3H...... 2.8A3H...... *3.0 band (kc/s) Class of emission mitter (f) Authorized frequency tolerancesA3J...... 2.8A3J...... *3.0 power FI...... 0.3F1 *...... *0.6 for Alaska-public fixed stations: F3...... 16F3*...... 2 20.0 F3...... 36F3 »...... *40.0 400-525...... A l and A2...... 265 (1) From 50 to 525 kc/s______200 P0..—...... Variable...... Variable 1605-12,000 *___ A l, A3, A3A, A3H and 150 (2) From 1605 to 3400 kc/s: A3J. (i) For A3A, A3B, A3H, and ♦ * * * * A3J emissions______20 c/s * Transmitters type accepted to operate in the band 1 When, using 2182 kc/s for purposes other than distress 000-2850 kc/s prior to the effective date of this rale calls and distress traffic, and urgency and safety signals (ii) For other than A3 A, A3B, 2hange, the authorized bandwidth is 3.5 kc/s. and messages, the carrier power of limited coast stations A3H, and A3 J emissions______150 shall not exceed 100 watts for A3 emission and 50 watts * * * * * for A3H emission. (3) From 4000 to 12,000 kc/s: 12. In § 81.134, paragraph (b) and the (i) For A3 A, A3B, A3H, and introductory text of paragraph (c) are (h) For Alaska-public fixed stations, A3J emissions______20 c/samended, and new paragraphs (g ), (h ), unless otherwise specified in this part, (ii) For other than A3 A, A3B, and (i) are added to read as follows: transmitter power shall not exceed the A3H, and A3J emissions______15 § 81.134 Transmitter power. indicated value in watts: 1 The tolerance shown in the table is appli ***** cable to all types of transmitters after Jan. Frequency Trans 1, 1974, and to new types of transmitters (b) Transmitter power for coast sta band Class of emission mitter brought into service after Jan. 1, 1970. Types tions, except in the Alaska area, using (kc/s) power of transmitters authorized in Alaska-public telegraphy on frequencies below 27.5 fixed stations prior to Jan. 1, 1970, may con Mc/s shall not exceed the following 50-200______. A l...... *650 tinue with a tolerance of 100 parts in 10® values in kilowatts: 400-525...... A l and A2...... 265 until Jan. 1,1974. 1605-12,000____ . A l, A3, A3A, A3H and 150 Transmitter A3J. 10. In § 81.132, paragraphs (a) (1) and Frequency band (kc/s) power (2) are amended and a new paragraph 14 to 150______80 * Higher power may be authorized where a satisfactory (a) (6) is added, to read as follows: 150 to 515______40 showing of need has been made. 2085 to 2065______6. 6 (i) For ACS fixed and coast stations, § 81.132 Authorized classes o f emission, 4000 to 7000______10 8000 to 9000______20 transmitter power shall not exceed the (a) * * * 12,000 to 27,500...... 30 indicated value in watts: FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13935 transmitted effectively by, or to, readily § 81.301 Supplemental eligibility re Frequency Class of Transmit- available facilities of the Alaska Com quirements. band (kc/s) emission ter power munication System which are open to (a) A public coast station may be public correspondence and are capable 400-525______A l and A2...... 1000 granted to any person, or state or local 1605-12,000 . A3, A3A, A3H, A3J- — 1000 of effectively forwarding (via connecting government which is subject to the pro facilities if and when required) such visions of section 301 of the Communica 13. In § 81.137, the introductory text telecommunication to the designated tions Act of 1934: Provided, That the of paragraph (a) is amended to read as recipient. applicant is legally, financially, and follows: 17. A new § 81.195 is added to read as technically qualified to render the pro follows : § 81.137 Transmitters required to be posed service, and the public interest, type accepted for licensing. § 81.195 Alternate transmission on the convenience or necessity would be served . same frequency in the Alaska area. by a grant thereof. (a) Each radiotelephone transmitter (b) In the Alaska area, only one public authorized in a coast station, marine- Coast stations within the Alaska area coast station will be authorized to serve utility, marine-fixed station, or Alaska- when communicating with ship stations any area whose ship-shore communica public fixed license (other than trans within the bands 1605—2035 kc/s and tion needs can be adequately served by mitters authorized solely for develop 2107-12,000 kc/s shall transmit and re a single radio communication facility, mental stations) must be type accepted ceive on the same frequency: Provided, either Government (ACS) or non- by the Commission. This requirement however, That this requirement shall not Govemment. shall be applicable as follows: apply when communicating with coast 20. In § 81.304, a new paragraph (f) * * * * * stations of the Alaska Communication System: And provided further, That this is added to read as follows: 14. In § 81.140, the headnote is requirement is not applicable in an emer amended to read as follows: § 81.304 Frequencies available. gency affecting the safety of life or prop ***** § 81.140 Emission limitations. erty when, by reason of interference or ***** limitation of equipment, the same fre (f) Assignment to public coast sta quency cannot be used. tions of radiotelephony frequencies in 15. In § 81.142, paragraph (c) (2) is the band 2000-2850 kc/s will be subject amended and a new paragraph (j ) is 18. In § 81.206, new paragraphs (d) to the following schedule and limitations: added, to read as follows: and (e) are added to read as follows:* (1) In conversion from double side § 81.142 Modulation requirements. § 81.206 Assignable frequencies. band (DSB) to single sideband (S S B ): ♦ 4> * * * ***** (1) Transmission of DSB emissions (c) * * * (d) Each of the following carrier frewill not be permitted beyond January 1, (2) For transmitters operating on frequencies, when authorized by station 1971; (ii) Transmission of full carrier quencies below 4 Mc/s, with the carrier license, may be used by public coast emitted at a power level, for A3H, be stations in all zones of the Alaska area (A3H), reduced carrier (A3A), or sup tween 3 and 6 decibels below peak when transmitting by means of teleg pressed carrier (A3J) emissions prior to envelope power and, for A3A, 16 decibels, raphy, in accordance with Subpart E of January 1,1971, shall be on a permissive ±2 decibels, below peak envelope power. this part, for communication with ship basis. After January 1, 1971, the capa bility of using these emissions will be ♦ 4e 4e * * and aircraft stations, and with other required; (j) In single sideband and independentpublic coast stations using telegraphy in (iii) Authorizations for use of DSB sideband transmitters, the audiofre the Alaska area : emission granted after the effective date quency band shall be 350 to 2700 cycles Frequency of an order in this docket shall expire per second, with a permitted amplitude (kc/s) Conditions of use on January 1, 1971; variation of 6 decibels. Audiofrequencies 416______Working frequency. (iv) On 2182 kc/s, until January 1, outside this band shall be attenuated to 438 ______Working frequency. 1971, coast stations will be required to protect the adjacent channels. 500*— ______Calling and distress frequency. have the capability to transmit with DSB 16. In § 81.179, new paragraphs (f) 512______Supplementary calling fre (A3) or full carrier (A3H) emissions; and (g) are added to read as follows: quency when 500 kc/s is being used for distress com (v) On 2182 kc/s during the period § 81.179 Message charges. munications. Also available January 1, 1971, to January 1, 1977, 4c 4: 4c 4c 4c as a working frequency, ex coast stations will be required to have cept in those areas where it the capability to receive full carrier SSB (f) Pending Commission implementa is in use as a supplementary (A3H) and DSB (A3) emission; after tion of the tariff filing requirements of calling frequency when 500 January 1, 1977, coast stations will be section 203 of the Communications Act kc/s is being used for dis required to have the capability to receive and Part 61 of this chapter with respect tress purposes. full.carrier SSB (A3H) emission. to common carriers in Alaska, any 2052.5____ Calling and working frequency (2) Relationship between service by charges made by an Alaskan public fixed for communication with ship station, or any public coast station in the stations when such stations public coast stations on frequencies in the are using telegraphy within band 2000-2850 kc/s and in the band Alaska area, for interstate or foreign the band 2089.5—2092.5 kc/s. communication service, should conform 156-162 Mc/s: to the applicable regulations and tariffs (e) Each of the following frequencies (i> After January 1, 1977, radio issued by the Alaska Communication is authorized for use by public coast sta telephony frequencies in the band 2000- System. Information regarding charges tions of the ACS at the location 2850 kc/s will be available only to public of any such station or any changes there indicated : coast stations which, in addition to serv ice on frequencies in the band 2000-2850 in should be furnished promptly to the Frequency Tariff Manager of the Alaska Communi (k c /s ) Conditions of use kc/s, also provide service on frequencies cation System, Seattle, Wash. 452______Working f r e q u e n c y— ACS in the band 156-162 Mc/s: Provided, (g) Except in event of an emergency Ketchikan coast station. however, That this requirement may be concerning the immediate safety of life 472______Working frequenc y—ACS waived where VHF service is already pro or property, no Alaska-public fixed sta Juneâu coast station. vided in waters near the proposed 472______Working frequenc y—ACS station. tion or public coast station in the Alaska Nome coast station. area shall transmit any communication (ii) Except for safety communica 500______Calling and distress fre tions, after January 1; 1977, radiotele in behalf of any person other than the quency— ACS coast stations. licensee to any other station licensed by phony frequencies in the band 2000- the Commission under circumstances 19. Section 81.301 is amended to read2850 kc/s will not be available to public wherein such telecommunication can be as follows: coast stations for communication: with FEDERAL REGISTER, VOL. 34, NO. T67— SATURDAY, AUGUST 30, 1969 13936 PROPOSED RULE MAKING vessels within communication range of 22. A new § 81.307 is added to read as (5) After January 1, 1974, available VHP; with vessels in ports or harbors; follows: for use with emissions 2.8A3A and 2.8A3J. concerning passage of ships through § 81.307 Frequencies available iri all (6) For communication by radioteleg locks, bridge areas, or Governmeht con zones of Alaska Area. raphy or telephony between public corre spondence coast stations and public ship trolled waterways; or on lakes or rivers: (a) Each of the carrier frequencies set Provided, however, That this require stations on board any type of vessel. forth in the following table, when au (7) (i) Primarily, for communication ment may be waived where a satisfactory thorized by station license, may be used by radiotelephony with public corre showing has been made that the com by public coast stations in all zones of spondence ship stations on board any munication requirement cannot be ful the Alaska Area. The limitations and type of vessel during the hours 6 a.m. filled by VHF. conditions of use applicable to each car to 9 p.m., local standard time ; and rier frequency are set forth in the sub- (ii) Secondarily, during the hours 21. In § 81.306, a new paragraph (f ) paragraphs which appear below the 6 a.m. to 9 pan., local standard time, is added to read as follows: table. Conversion from double sideband (DSB) to single sideband (SSB) emis between public coast stations, separated not less than 50 miles, for the exchange §81.306 Frequencies available below sions in the band 1605-4000 kc/s shall 27.5 Mc/s. of public correspondence, on condition be effected in accordance with the sched * * * * ule set forth in § 81.304(f). (Conversion that ship-shore communcations shall be given priority at all times. Use of this ( f ) The carrier frequencies set forthto SSB in the bands between 4 and 23 frequency for this purpose shall be lim Mc/s: see Docket No. 18271.) in the following table are authorized for ited to conditions which make it neces use by ACS public coast stations for com Frequency Limitations and sary to use this frequency in lieu of a munication with public ship stations in (k c /s) conditions of use frequency designated for fixed service by 1619 ______------(2), (6). Subpart Q of this part. the Alaska area. 1622 _ _ ------(1 ), (2), (6) 2379 ______------(2 ), (6). 23. A new § 81.308 is added to read as ACS coast Associated ship 2382______------(1 ), (2 ), (6) follows : For communi station carrier station trans 4380.6 ______— ------(5), (7 ). cation with ACS frequency. mitting carrier 4383.8 ____ _ ------(4), <7) § 81.308 Frequencies available in one or coast stations (kc/s)3 frequency, (kc/s) (5 ), 4390.2 ______------(3), (7). more zones o f the Alaska Area. vicinity of— Until After Until After Jan. 1, Jan. 1, Jan. 1, Jan. 1, (1) Until January 1, 1977, available (a) Each of the carrier frequencies set 1971 « 1971 » 1977» 1977 3 for use with 6A3, 2.8A3A, 2.8A3H, and forth in the following table, when au 2.8A3J. thorized by station license, may be used Anchorage, Alaska. 2312 2312 2134 2134 (2) After January 1, 1977, available by public coast stations employing radio- Cold Bay, Alaska.. 2312 2312 2134 2134 telephony. Frequencies designated for use Cordova, Alaska__ 2312 2397 2134 2237 for use with emissions 2.8 A3 A and Juneau, Alaska____ 2400 2400 2240 2240 2.8A3J. in a zone of the Alaska area are available Ketchikan, Alaska. 2312 2397 2134 2237 only to coast stations located in that King Salmon, (3) Until March^l, 1970, 0001 G.m.t., Alaska...... 2312 2400 2134 2240 available for use with emissions 6A3, zone. The limitations and conditions of Kodiak, Alaska 2400 2309 2240 2131 use applicable to each frequency are set Nome, Alaska...... 2400 2400 2240 2240 2.8A3A, 2.8A3H, and 2.8A3J. This fre Petersburg, Alaska. 2312 2312 2134 2134 quency will not be available for use by forth in the paragraphs which appear Sitka, Alaska______2400 2312 2240 2134 below in the table. Conversions from Unalaska, Alaska... 2312 2312 2134 2134 coast stations after 0001 G.m.t., March 1, 1970. double sideband (DSB) to single side band (SSB) emissions in the band 1605- (4) During the period March 1, 1970, 1 Until Jan. 1,1971, emission 6A3, 2.8A3A, 2.8A3H, or 4000 Mc/s shall be effected in accord 2.8A3J may be employed. During the period Jan. 1,1971, to January 1,1972, available for use with ance with the schedule set forth in to Jan. 1, 1977, emissions 2.8A3A, 2.8A3H, or 2.8A3J emissions 6A3, 2.8 A3 A, 2.8A3H, and may be employed. Alter Jan. 1, 1977, emissions 2.8A3A § 81.304(f). (Conversion to SSB in the and 2.8A3J only shall be used. 2.8A3J. On January 1,1972, DSB shall be bands between 4 and 23 Mc/s: see Docket 2 UntU Jan. 1,1977, emissions 6A3,2.8A3A, 2.8A3H, or discontinued at all coast stations. During 2.8A3J may be employed. After Jan. 1, 1977, emissions No. 18271.) The frequencies available and 2.8A3A and 2.8A3J only shall be used. the period January 1, 1972, to January 1, the zones in the Alaska area in which 3 The schedule of conversion of ACS coast stations 1974, available for use with emissions from DSB to SSB and conditions relating to provision they may be employed are set forth in the of VH F service are set forth in § 81.304(f). 2.8A3A and 2.8A3J. following tables. Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Available Available Available Available Available Available Until After Until After Until After Until After UntU After UntU After Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1, 1977 Jan. 1,1977 Jans 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 1646 1646 1646 1643 1646 1646 1662 1649 1662 1662 1708 1705 1708 1705 1712 1709 1712 1712 2006(b) 2006(b) 2003(b) 21l8(j) 2116 2118(3) 2118(j) 2422 2419 2422 2422 2430(k) 2430(k) 2430 2427 2430 2430 2450(c) 2460(c) 2460(C) 2447 2460(c) 2450(c) 2482(k) 2479 2482(d) 2482(d) 2482(d) 2482(d) .(d) 2606(e) 2606(C) 2606(e) 2606(e) 2612 2612 2612 2609 2612. 2612 2612 2609 2638 2638 2638 2636 2566 2666 2666 2663 2666 2666 2616(b) 2616(b) (0 (0 3261(g) ' 3261(g) 3261(g) 3261(g) 3261(g) 3268(g) 4409. 4(h) 4403.0(h) 4409.4(h) 4428.6(h) 4409.4(h) 4399.8(h) 4434.9(h) 4426.4(h) 4434.9(h) 4428.6(h) 4434.9(h) 4403.0(h) i FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13937 (b> To minimize interference to or (4) Effective January 1, 1974, or an§ 81.702 Hours o f service o f Alaska- from the operation of stations outside earlier date where facilities permit, coast public fixed stations. the Alaska area or U.S. Government sta stations shall: (a) The hours of service of each Alas tions within Alaska, this frequency is (i) Discontinue use of double side ka-public fixed station shall, within the authorized for use annually in the respec band emission on frequencies in the band scope of its normal operations, be such tive zone only during the hours from 4361-4438 kc/s: as to adequately meet the requirements 1 a.m. to 11 p.m., local standard time (ii) Employ frequencies in the 4361- of the particular region served by the from May 15 to September 15 inclusive, 4438 kc/s band in zones of the Alaska station and, unless otherwise specified and from 8 a.m. to 9 p.m., local standard area as set forth in the table of para by the Commission for individual sta time from April 1 to May 14 inclusive and graph (a) of this section: tions, shall be determined by the station from September 16 to October 31 licensee subject to such applicable con inclusive. Effective'’ Effective ditions and limitations as are imposed (c) Use of the frequency 2450 kc/s Zone Mar. 1, 1970 Jan. 1,1972 by the rules of the Commission. shall be coordinated as necessary with (DSB or SSB) (SSB only) (ko/s)1 (kc/s)2 (b) Each Alaska-public fixed station use of the frequency 2466 kc/s by Alaska- whose hours of service are not continu public fixed stations in the Alaska area Zone 1______4403.0 4403.0 ous shall not suspend operation before in order to avoid harmful interference. Zone 2...... 4403.0 4428.6 having concluded, when possible within (d) Use of the frequency 2482 kc/s Zone 3..1...... 4403.0 4399.8 the scope of its normal operations, all shall be coordinated as necessary with Zone 4...... 4428.6 4425.4 Zone 5______4428.6 4428.6 communications of an emergency nature. use of the frequencies 2466 and 2474 kc/s Zone 6..______4428.6 4403.0 (c) The Commission, as public inter by Alaska-public fixed stations in the est, convenience, or necessity requires, Alaska area in order to avoid harmful 1 6A3, 2.8A3A, 2.8A3H, and 2.8A3J emissions. may order, at any time, the licensee of interference. 2 2.8A3A and 2.8A3J emissions. an Alaska-public fixed station not au (e) Use of the frequency 2506 kc/s for (i) (1) When operating on any fre thorized for continuous hours of service maritime mobile service in the Alaska quency designated in paragraph (a) of to increase the hours of service of such area is authorized on condition that this section, a ship station shall trans station as may, in the discretion of the harmful interference shall not be caused mit only on an authorized carrier fre Commission, be required to provide ade to the service of any coast station located quency which is’ specifically authorized quate public service: Provided, however, in the vicinity of San Francisco or by that paragraph for transmission in That such requirement shall not be pre Eureka, Calif. the zone in which the ship station then scribed without the consent of the sta (f) Use of the frequency 2616 kc/s is located: Provided, however, That, for tion licensee unless, after hearing, the shall be coordinated as necessary with communication with a ship or coast sta Commission shall determine that such use of the frequency 2632 kc/s by Alaska- tion located in a contiguous zone which requirement will promote public con public fixed stations in the Alaska area uses a frequency in accordance with venience or interest or will serve public in order to avoid harmful interference. paragraph (a) of this section but not necessity, or the provisions of the Com (g) Insofar as is practicable, coast designated by that paragraph for use in munications Act will be more fully com stations shall limit their use of the fre the zone in.which the ship, station then plied with. quencies 3258 and 3261 kc/s to communi is located, such ship station may trans cation over distances which cannot be mit on the contiguous zone frequency § 81.703 Documents required for Alaska- effectively covered by the use of a fre when, by reason of conditions not under public fixed stations. quency below 2700 kc/s or above 156 its control, such operation becomes (a) Each Alaska-public fixed station mc/s. necessary. shall be provided with the following (h) (1) The frequencies 4409.4 and documents: 4434.9 kc/s are authorized, until 0001 (j) Use of the frequency 2118 kc/s shall be coordinated as necessary with (1) A valid station license, available G.m.t., March 1, 1970, for telephony ex in accordance with the provisions of clusively; for use during the hours use of the frequency 2134 kc/s in order to avoid harmful interference. § 81.102 (a) and (b ); 6 a.m. to 9 p.m. local standard time only. (2) The necessary operator license(s), Availability and use of the frequency (k) To minimize interference to or from the operation of stations outside available in accordance with § 81.159; 4434.9 kc/s is subject to the condition (3) The station log as designated in that harmful interference shall not be the Alaska area, this frequency is au thorized for use annually in the respec §§ 81.214 and 81.314; and caused to the service of any eoast station (4) This Part 81. located in the Great Lakes area. tive zone only during the hours from 6 a.m. to 11 p.m. local standard time, from (b) These documents shall be contin (2> Ship stations are authorized gen uously and readily available to the li erally to communicate on each frequency April 1 to September 30 inclusive. censed operator on duty during the hours designated in this section with public Note: The limitations and conditions of of service of the station. coast stations using the same frequency. use set forth in paragraphs (c ), (d ), (f ), and A ship station may communicate on any (j) are required during the transition from § 81.704 Alaska-public fixed st ation of these frequencies with another ship DSB to SSB. The transition to SSB will be records. completed on Jan. 1, 1977, and compliance station only when requested to do so by a Each Alaska-public fixed station in the public coast station which operates on with these paragraphs will not be required after this date. Alaska area shall maintain an accurate the same frequency in accordance with radiotelegraph and/or radiotelephone log paragraph (a) of this section and is 24. A new Subpart Q (§§ 81.701-as set forth in §§ 81.214(a) and 81.314, within communication range of the ship 81.713) is added to read as follows: respectively: Provided, however, That station. Subpart Q— Alaska-Public Fixed Alaska-public fixed stations may express (3) Coast stations shall shift from the the time of making each log entry in Present DSB channels to the replacement Stations local standard time in the same manner USB channels as set forth in the follow as is permitted by those sections for ing table at 0001 G.m.t., March 1, 1970: § 81.701 Priority of distress and other signals. coast stations which communicate ex clusively with vessels on inland waters Present until Effective Alaska-public fixed stations, when op of the United States. Zone Mar. 1,1970 Mar. 1,1970 erating on an authorized carrier fre (DSB or SSB) (DSB or SSB) § 81.705 Cooperative use of frequency (kc/s)1 (kc/s)» quency which is used also by the mari time mobile service, shall, at all times, assignments. Zone 1 give priority on such frequency to dis Unless provided otherwise by this Zone 2 Zone 3 tress signals or communications as set part, or by the particular station au Zone 4 thorization, each radio channel au Zone 5 forth in §§81.180 and 81.181, and to Zone 6.. ^ Too* ? thorized for use by an Alaska-public fixed 4428.0 urgency or safety signals, or any com — station subject to this part is available munication preceded by one of these for use on a shared basis only and shall 6A3,2.8A3A, 2.8A3H, and 2.8A3J emissions. signals. not be construed as available for the FEDERAL REGISTER, V O L 3 4 , NO. 167— SATURDAY, AUGUST 30, 1969 13938 PROPOSED RULE MAKING exclusive use of any one station or any of the Alaska area. The limitations and (b) The transition from double side one station licensee. All station licensees conditions of use applicable to each fre band (DSP) to single sideband (SSB) shall cooperate in the use of their re quency are designated by appropriate emissions oh. frequencies below 4000 kc/s spective frequency assignments in order cross-reference, which appear below the shall be effected at Alaska-public fixed to minimize interference and obtain the table. Conversion from double sideband stations in accordance with the following most effective use of the authorized (DSB) to single sideband (SSB) emis schedule. Assignment to Alaska-public radio channels. sions shall be effected in accordance with fixed stations of radiotelephony fre the schedule set forth in paragraph (b) quencies in the band 1605-4000 kc/s will § 81.7(16 Protection of Government serv of this section. be subject to the following schedule and ices. Limitations and con- limitations: Notwithstanding other provisions of Frequency (kc/s) ditions of use. (1) After January 1, 1971, new instal this part, the assignment and use of any 149.6______(1 ). lations of transmitters employing A3 of the frequencies designated in this sub 2115______— ------(3 ), (4). (DSB) emission will not be authorized; part shall be subject to the express con 2118______-,...... (2), (3), (4). (2) Transmission of full carrier dition that any individual carrier fre 3198______(3 ), (5 ). (A3H), reduced carrier (A3A), or sup quency may not be authorized for trans 3201 ______(2 ), (3 ), (5). pressed carrier (A3J) emissions prior to mission by an Alaska-public fixed station 5164.5______(3 ), (6). 5167.5— — ______(2), (3), (6). January 1, 1971, shall be on a permissive at any specific location in the Alaska basis. After January 1, 1971, only A3 A area where its use could cause harmful 8067 ______(3), (7 ). 8070 ______(2), (3), (7). and A3J emissions will be authorized. interference to a U.S. Government radio (3) Authorizations for use of DSB service which, in the discretion of the (1) Available for radiotelegraphy only emission granted after the effective date Commission, must be protected from at any appropriate location in the Alaska of an order in this docket shall expire on such interference. area. (2) Until January 1,1977, available for January 1, 1971; § 81.707 Alternate transmission on the use with 6A3, 2.8A3A, 2.8A3H, and (4) Transmission of A3 (DSB) emis same radio channel. 2.8A3J. sion will not be permitted beyond Janu Except for communication between (3) After January 1, 1977, available ary 1,1971. licensed Alaska-public fixed stations and for use with emissions 2.8A3A and 2.8A3J. § 81.709 Frequencies available in one or fixed stations of the Alaska Communica (4) Available for radiotelephony on a more zones of the Alaska area. tion System as hereinafter specifically shared basis with the maritime mobile designated in this subpart all transmis service. The use of this frequency by (a) Each of the following carrier fre sion, on each radio channel assigned by Alaska-public fixed stations shall be co quencies set forth in the following table, this subpart, by two or more stations en ordinated, until but not after January 1, when authorized by station license, may gaged in any one exchange of signals or 1977, with ship-to-shore communica be used by Alaska-public fixed stations communications with each other, shall tion on 2134 kc/s in the Alaska area so employing radiotelephony. These fre take place on only one radio channel. as to avoid harmful interference. quencies are authorized for use on a For this purpose, the stations communi (5) Available for radiotelephony. In shared basis, except 1660 kc/s, with sta cating with each other shall transmit sofar as practicable, Alaska-public fixed tions of the maritime mobile service. and receive on the same radio channel: stations shall limit their use of this fre Frequencies designated for use in a zone Provided, however, That this requirement quency to communication over distances of the Alaska area are available only to shall not apply in an emergency affecting which cannot be effectively covered by coast stations located in that zone. The the safety of life or property when, by the use of a frequency below 2700 kc/s limitations and conditions of use appli reason of interference or limitation of or above 70 Mc/s. cable to each frequency are set forth in equipment, this method of single-chan (6) Available for radiotelephony. To the paragraphs which appear below the nel communication cannot be used. be used exclusively for communication table. Insofar as practicable, each sta over distances of not less than 50 miles tion, when transmitting on any of these § 81.708 Frequencies available in all and only diming the hours from 6 a.m. frequencies, shall communicate only with’ zones o f Alaska Area. to 9 p.m. local standard time. a station or stations located in its own zone, or in a contiguous zone. Conver (a) Each of the carrier frequencies (7) Available for radiotelephony. To be used exclusively for communication sion from double sideband (DSB) to sin set forth in the following table, when gle sideband (SSB) emissions shall be authorized by station license, may be over distances of not less than 200 miles and only during the hours from 6 a.m. effected in accordance with the schedule used by Alaska-public fixed stations in to 6 p.m., local standard time, except set forth in § 81.708(b). The frequencies all zones of the Alaska Area for com in Zone 4 west of 165° west longitude available and the zones in the Alaska munication with other licensed Alaska- where the hours of its use shall not be area in which they may be employed are public fixed stations located in any zone limited. set forth in the following table: FEDERAL REGISTER. V O L 34. NO. 167-—SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13939 Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Available Available Available Available Available Available Until After Until After Until After Until After Until After Until After Jan 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 , Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 1646 1646 1646 1643 1646 1646 1652 1649 1652 1652 * _ 1660(b) 1660(b) 1660(b) 1657(b) 1708 1705 1708 1705 1712(b) 1709 1712(b) 1712 2006(d) 2006(d) 2003(d) (e) (e) 2422. 2419 2422 2422 2430dr) 2430(k) 2430(e) 2427(e) 2430(e) 2430(e) (e) (e) 2450(e) 2450(e) 2450(f) 2447(0 2450(f) 2450(f) i f ) (0 2482(e) 2479(e) 2482(e) 2482(e) 2482(e) 2482(e) (k) (k) (g) (g) (g) (g) (g) (g) 2506(h) 2506(h) 2506(h) 2506(h) 2512 2512 2512 2509 2512 2512 2512 2509 2538(e) 2538(e) 2535(e) 2566(e) 2566 2566 2563 2566 2566 2616(d) (e) (e> (i) (i) 32610) 3261 (j) 3261 (j) 32610) 32610) 32580) v Available* Available * 4791.5(1) - ______-----...... 4791.5(1) ...... 6948.5(1) ______-----...... 6948.5(1) ______7368.5(1) ...... ______7368.5(1) 11437.0(1) ______...... 11437.0(1) 11601.5(1) - ...... - ______11601.5(1) * On the effective date of the Report and Order in this Docket. (b) Use of the frequency 1660 kc/s quencies common to both of these (1) Available for use within Zone 3 shall be coordinated as necessary with services. and Zone 6, or between Zone 3 and Zone use of the frequency 1666 kc/s by other (f) Use of the frequency 2450 kc/s 6, for communication over distances of fixed stations in the Alaska area in order shall be coordinated as necessary with not less than 300 miles; to avoid harmful interference. use of the frequency 2466 kc/s by other (2) The transmitter output power (c) To minimize interference to the fixed stations in the Alaska area in order employed shall be the minimum neces service of stations in Zone 4 operating to avoid harmful interference. sary for satisfactory communication and on 1708 kc/s, use of the frequency 1712 (g) Use of the frequency 2482 kc/s in no event shall exceed a maximum of kc/s in Zone 5 is authorized only for shall be coordinated as necessary with 1,000 watts peak envelope power; and stations located north of 62° north use of the frequencies 2466 and 2474 kc/s (3) Available for use with emissions latitude. by other fixed stations in the Alaska 2.8A3A and 2.8A3J: Provided however, (d) To minimize interference to or area in order to avoid harmful That the additional emission of 2.8A3H from the operation of stations outside interference. may be employed until January 1, 1974. the Alaska area or U.S. Government sta (h) Use of the frequency 2506 kc/s for tions within Alaska, this frequency is fixed service in the Alaska area is au Note : The limitations and conditions of authorized for use annually in the re thorized on condition that harmful in use set forth in paragraphs (b), (f), (g), and terference shall not be caused to the (i) are required during the transition from spective zone only during the hours from DSB to SSB. The transition to SSB will be 7 a.m. to 11 p.m., local standard time service of any coast station located in completed on Jan. 1, 1977, and compliance from May 15 to September 15 inclusive; the vicinity of San Francisco or Eureka, with these paragraphs will not be required and from 8 a.m. to 9 p.m., local standard Calif., to which the frequency 2506 kc/s after this date. time from April 1 to May 14 inclusive is assigned as a carrier frequency for and from September 16 to October 31 transmission. § 81.710 Frequencies for communica inclusive. (i) Use of the frequency 2616 kc/s tion with ACS. (e) This frequency may be authorized shall be coordinated as necessary with (a) Each of the carrier frequencies for use by Alaska-public fixed stations use of the frequency 2632 kc/s by other set forth .in the following table, when subject to the following limitations and fixed stations in the Alaska area in authorized by station license, may be conditions: order to avoid harmful interference. used by non-Govemment Alaska-public (j) Insofar as is practicable, Alaska- fixed stations for communication with (1) The licensee is authorized to public fixed stations shall limit their use operate a public coast station in the ACS common carrier fixed stations in of the frequencies 3258 and 3261 kc/s to the Alaska area. The limitations and maritime mobile service; communication over distances which (2) The Alaska-public fixed fre conditions of use applicable to each fre cannot be effectively covered by the use quency are designated by appropriate quencies are the same as those author of a frequency below 2700 kc/s or above ized to the licensee for use at the cross-reference to footnotes; the foot 70 Mc/s. notes appear below the table. Conversion licensee’s public coast station; (k) To minimize interference to or (3) The Alaska-public fixed frequen from the operation of stations outside from double sideband (DSB) to single cies are to be used in receiving and the Alaska area, this frequency is au sideband (SSB) emissions shall be transmitting equipment which is in thorized for use annually in the respec effected in accordance with the schedule stalled at the same location as equip tive zone only during the hours from set forth in § 81.708(b). The particular ment used by the public coast station; 6 a.m. to 11 p.m., local standard time, and station (s) with which the licensed sta from April 1 to September 30 inclusive. tion may communicate and the specific (4) The licensee has an established (l) The following limitations and con requirement for a radiocommunication ditions of use shall apply to use of ACS frequency or frequencies to be used system of fixed service and maritime these frequencies by Alaska-public fixed for transmitting shall be specified on the mobile service on a frequency or fre stations: radio station authorization. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 No. 167- 13940 PROPOSED RULE MAKING Limitations and tions in the Alaska area in order to avoid in accordance with the schedule indicated Frequency (.Tec/s) conditions of use harmful interference.1 by limitations (2) and (3) or such earlier 2240______:__ (D ,(2 ). (12) Available for radiotelephony; for schedule as may be from time to time 2253;____^ ______(4),(5). communication with ACS stations lo announced by the ACS. 2256______(3 ) ,(5 ). cated at Unalaska and Anchorage. The 2463______(4 ) , ( 6 ), (15). Frequency Limitations and 2466___;______(3) , ( 6 ), (15). use of this frequency shall be coordinated (k c/s) conditions of use 2471__ ^_____ .______(4) , (7), (15). as necessary with use of the frequency 2312 ______(1). 2474______(3) . (7). (15). 3357 kc/s by other Alaska-public fixed 2400______W- 2329___;______. (4 ) . (8 ). (15). stations in the Alaska area in order to 2601______(3 ). 2632______(3 ) . ( 8 ) .(1 5 ). avoid harmful interference.1 2604______( 2 ). 2691______(4 ) . (9). (13) Available for radiotelephony; 2781 ______(3 ). 2694______(3) , (»)• normally for communication with ACS 2784______( 2 ). 3164.5______(3 ). 2773______(4) . (10). stations located at Anchorage and Una 2776______(3) . (10). 3167.5______( 2 ). 3354______(4) .(11), laska. The use of this frequency shall 3180______(3 ). 3357______(3 ) ,(1 1 ). be limited to the hours from 6 a.m. to 3183______( 2 ). 3362______(4) , (12). 9 p.m., local standard time. 3238 ______(3 ). 3365______(3) . (12). (14) Available for radiotelephony; 3241 ______(2). 5134.5 ______(4) . (13). (15). normally for communication with ACS 3303 ______(2 ),(4 ). 5137.5 ______(3) . (13). (15). stations located at Fairbanks and Bethel. 4035 ______(2 ),(4 ). 5204.5 ...... (4) . (14), (15). 5225 ______(5 ). The use of this frequency (except in Zone 5370______(2 ). 5207.5 ______(3),(14), (15). 4 west of 165° west longitude) shall be (1) The use of this frequency for limited to the hours from 6 a.m. to 9 p.m., (1) The use of this frequency for fixed fixed service is on a secondary basis to local standard time. services is on a secondary basis to its use its use under § 83.371 of this chapter. (15) Communication with ACS sta under § 81.308. (2) This frequency will not be avail tions at locations in addition to those (2) Until January 1, 1971, available able after January 1, 1971. Available for specified in subparagraphs (6), (7), (8), for use with 6A3, 2.8A3A, 2.8A3H, and radiotelephony; for communication with (13), and (14) of this paragraph may be 2.8A3J emissions. After January 1, 1971, ACS stations located at Juneau, Kodiak, authorized, depending upon operational available for use with 2.8A3A and 2.8A3J and Nome. requirements. emissions. (3) Until January 1,1971, available for (3) Not available until January 1, § 81.711 Frequencies available to ACS 1971. After January 1,1971, available for use with 6A3, 2.8A3A, 2.8A3H, and 2.8A3J. common carrier fixed stations. (4) After January 1, 1971, available use with emissions 2.8A3A and 2.8A3J for use with emissions 2.8A3A and 2.8A3J. (a) The carrier frequencies set for in only. (5) Available for radiotelephony; for the following table are authorized for (4) This frequency will not be avail communication with ACS stations lo use by ACS common carrier fixed stations able after January 1, 1977. cated at Anchorage and Ketchikan. for communication with Alaska-public . (5) This frequency will cease to be (6) Available for radiotelephony; nor fixed stations. The limitations and con available at the time of transfer of ACS mally for communication with ACS sta ditions of use are designated by reference facilities to a Commission licensee. tions located at King Salmon, and Kot to footnote following the table. Conver sion from DSB to SSB emissions shall be § 81.712 Pairing o f ACS and Alaska- zebue. The use of this frequency shall be public fixed frequencies. coordinated as necessary with use of the The pairing of frequencies available frequencies 2450 kc/s, 2474 kc/s, and 1 Coordination in the use of this fre for communications between ACS com 2482 kc/s by other stations in the Alaska quency, with one or more other frequencies, mon carrier fixed stations (ACS-CCFS)1, area in order to avoid harmful inter set forth in this subparagraph is required ference.1 during the transition from DSB to SSB. The as set forth in section 81.711, and Alaska- transition to SSB will be completed on public fixed stations (A P F S ), as set forth (7) Available for radiotelephony; nor in section 81.710, is given in the follow mally for communication with ACS sta Jan. 1, 1977, and compliance with these para graphs will not be required after this date. ing table. tions located at Kodiak and Nome. The use of this frequency shall be coordinated frequencies available until Frequencies available after as necessary with use of the frequencies Jan. 1,1971 Jan. 1,1971* 2466 kc/s and 2482 kc/s by other stations Far communication with ACS stations located at ACS-CCFS APFS ACS-CCFS APFS in the Alaska area in order to avoid transmit transmit transmit transmit harmful interference.1 (8) Available for radiotelephony; nor Cordova...... _...... « 2312 2632 « 2312 ; 2632 mally for communication with ACS sta Unalaska.______>2312 2632 3238 3362 4035 3365 5370 6134.fi tions located at Cordova, and Bethel. Sitka______...... «2400 >2240 . The use of this frequency shall be co Bethel -.______.... 2604 2632 2604 2629 ordinated as necessary with use of the ...5204.5 Ketchikan--—- . - —- . ______2604 2256 2604 2256 frequency 2616 kc/s by other stations in 3303 2776 3180 2776 the Alaska area in order to avoid harm Kotzebue_____ ...... _____ . . . . ______. . . ____ 2604 2466 2601 2463 Juneau______2784 2694 2784 2694 ful interference.1 3241 3357 3241 3357 (9) Available for radiotelephony; for Kodiak.______—.______... 2604 2474 2781 2474 communication with ACS stations lo Nome...... cated at Juneau and Cold Bay. «2400 2474 2784 247Ì Fairbanks..,...... '___ ...,— ,______3167. 5 2632 3167. 5 3354 (10) Available for radiotelephony; for *5225 3357 . 5207.8 communication with ACS station located R207 fi Anchorage...... —______3183 2256 3183 3365 at Ketchikan. 5370 3357 . 5137.5 (11) Available for radiotelephony; for Cold Bay______«■2312 2694 3241 2691 communication with ACS stations lo 3241 6137.5 .. cated at Fairbanks and Juneau. The use 2466 of 3357 kc/s for communication with King Salmon.—______3303 2466 3164.5 Juneau and Fairbanks shall be coordi i The use of this frequency for fixed service is on. a secondary basis to its use under § 83.371 of this chapter. nated as necessary with the use of the * Available for use with emissions 2.8A3A and 2.8A3J only. frequency 3365 kc/s by other fixed sta • This frequency will cease to be available at the time of transfer of ACS facilities to a Commission licensee. FEDERAL REGISTER, V O L 34, NO. T67— SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13941 § 81.713 Use o f U.S. Government fre 155° west longitude, thence due north to 62® west to the western boundary of the Alaska quencies. north latitude. area. Zone 4. That portion of the Alaska area Zone 5. That portion of the Alaska area Frequencies assigned to Federal Gov west of 155° west longitude which is bounded west of 155® west longitude which is n6t in ernment radio stations under Executive on the north by a line coinciding with 62° cluded in Zone 4. order of the President may be author north latitude extending due west to 164° Zone &. That portion of the Alaska area east ized for use by Alaska-public fixed sta west longitude, thence bounded on the west of 155® west longitude and north of 62° north tions when such assignment is necessary by a line coinciding with 164° west longitude latitude. for intercommunication with Federal extending due south to 58® north latitude, thence bounded on the north by a line coin Note : The following diagram illustrates Government stations or required for co ciding with 58® north latitude extending due ordination with activities of the Federal the subdivision of Alaska into the six zones. Government provided the Commission determines, after consultation with the appropriate Government agency or agen cies, that such assignment is in the pub lic interest. C. Part 83, Stations on Shipboard in the Maritime Services, is amended as follows: 1. In § 83.2, new paragraphs ( t ) , (u ), and (v) are added to read as follows: § 83.2 General.. * * * * * (t) Alaska area. For the purpose of frequency assignments to. radio services and stations governed by this part, the Alaska area is defined as follows: The area bounded by a line extending due west—from the end of the southernmost boundary line between Canada and the main land of southeastern Alaska— to 131° west longitude, thence due south to 54 s 30' north latitude, thence due west to 142° west longi tude, thence due south to 50° north latitude, thence due west to 165° west longitude, thence due south to 47° north latitude, thence due west to the boundary line between Regions 2 and 3 (as this line is defined by the Geneva Radio Regulations, 1059), thence generally northward along this boundary line to 80° north latitude, thence due east to 135° west longitude, thence due south to 70° north latitude, thence due west to 140° west longi ALASKA tude, thence generally southwest to the Frequency Assignment Zonfes northern end of the boundary line between the mainland of northern Alaska and Canada, (v) Alaska Communication System orfiled with the Commission; or applica thence following the boundary line between ACS. The telecommunication system tions for interim ship station licenses Alaska and Canada to the southernmost point within Alaska and between Alaska and made pursuant to § 83.35, at a Field En of this line in southeastern Alaska. other areas which is operated by the gineering Office of the Commission. Un N o t e : Reference hereafter in this part to U.S. Air Force to provide public corre less otherwise specified in a particular the “Alaska area” includes all of the “Zones” spondence by means of common carrier defined in paragraph (to) of this section. case or for a particular form, each ap coast stations and fixed stations. plication shall be filed in original only. (u) Alaska zones. For the same pur (d) Except as otherwise provided in pose expressed in paragraph (a) of this 2. Section 83.24 is amended to read as follows: §§ 83.35, 83.41, and 83.42, an application section, the Alaska area is subdivided into should be filed at least 60 days prior to six zones, defined as follows: § 83.24 Application precedent to author the earliest date on which it is desired Zone 1. That portion of the Alaska area ization. that the requested authorization be east of 142° west longitude and south of granted by the Commission in order that 61° north latitude. (a) Except as otherwise provided in action thereon may be taken by that Zone 2. That portion of the Alaska area §§ 83.26, 83.41, and 83.42, no authoriza date. bounded on the east by a line south of 61° tion will be granted for use or operation (e) The application shall be specific north latitude which coincides with 142° of any radio station on board ship in any and complete with regard to the infor west longitude, and by a line north of 61° service governed hy this part, nor for north latitude which coincides with the mation required in the application form, any change in station control, facilities, boundary line between Alaska and Canada, or otherwise specifically requested by services, equipment, or antenna, unless ®a,d by a line coinciding with 61° north the Commission. latitude which joins those two lines; and formal written application therefor in bounded on the west by a line south of 62° proper form first is filed with the 3. A new § 83.116 is added to read as north latitude which coincides with 149® Commission. follows : west longitude, thence running due south to 60 30’ north latitude, thence due west to 150 ® (b) Standard forms are prescribed § 83.116 Alternate transmission on the west longitude, thence due south to the herein for use in connection with the same frequency in the Alaska area. majority of applications submitted for southern limit of the Alaska area, and Ship stations within the Alaska area °n the north by a line coinciding Commission consideration. These forms with 62° north latitude. may be obtained without cost from the when communicating with coast stations Zone 3. That portion of the Alaska area Commission at Washington, D.C. 20554, within the bands 1605-2035 kc/s and ounded on the north by a line which coin- or from any of its field offices. 2107-12,000 kc/s shall transmit and re aes with 62® north latitude and extends ceive on the same frequency: Provided, (c) Each application for authority to '•astward from 155® west longitude to 149® however, That this requirement shall longltude thence due south to 60®30' operate a ship station, including appli lmv^l latitude, thence due west to 150° west cations for license, modification of li not apply when communicating with limfh <*6’ ^kence due south to the southern cense, or renewal of license, together with coast stations of the Alaska Communi ‘t of the Alaska area, thence westward to correspondence relating thereto, shall be cation System: And provided further, FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13942 PROPOSED RULE MAKING That this requirement is not applicable 4. In § 83.132, paragraphs (a) (1) and independent sideband transmitters shall in an emergency affecting the safety of (2) are amended to read as follows: be capable of operation in the sup life or property when, by reason of pressed carrier (A3J) mode, with the interference or limitation of equipment, § 83.132 Authorized classes o f emission, carrier emitted at a power level at least (a) * * * 40 decibels below peak envelope power; the same frequency can not be used. and, in addition, in the following modes: Frequency band Classes of emission (1) Pull carrier (A3H) mode, with the carrier emitted at a power level between (1) Stations using telegraphy: A l. 3 and 6 decibels below peak envelope 100 to 160 kc/s— ------power; and 160 to 525 kc/s------A l, A2, and A2J. 2080 to 27,500 kc/s, except Alaska. A l: Survival craft stations may in ad (2) Reduced carrier (A3A ) mode, with dition use A2. the carrier emitted at a power level 16 2070 to 2080 kc/s, except Alaska.. Wide-band telegraphy, facsimile and decibels, ±2 decibels, below peak en special transmission systems. Manual velope power. International Morse code and te (d) Transmitters type accepted prior lephony are excluded. to (the effective date of the final order in 1605 to 3400 ko/s in Alaska------A l. this docket) that are not type accepted (2) Stations using telephony: for operation in all three modes (A3A, (i) For frequencies designated in § 83.351 (a ) : A3H, and A3J) may continue to be op 2182 kc/s------'•------Until Jan. 1, 1977: A3 or A3H; after Jan. 1, 1977: A3H. erated until January 1, 1974: Provided, All other frequencies------— A3, A3H, A3 A, A3B, or A3J as specified however,1 That where such transmitters in § 83.351 (a) and (b). have A3J capability, operation in that, (ii) For frequencies designated in §§ 83.370, A3, A3H, A3A, A3B, or A3J as specified mode on the frequencies to which § 83.351 83.371, and 83.372. in §§ 83.370, 83.371, and 83.372. (b) (13) is applicable, may continue until (iii) For the frequency 121.5 Mc/s------A2. further notice. (iv) For the frequency band 156 to 174 Mc/s.. F3. ***** (h) In single sideband and independ ***** (d) * * * ent sideband transmitters, the audio fre quency bands shall be 350 to 2700 cycles 5. In § 83.133 (a ), the table is amended Fre- Type of Tran- to read as follows: Area quency communi- mitter per second, with a permitted amplitude band cation power variation of 6 decibels, Audio frequencies § 83.133 Authorized bandwidth. „ outside this band shall be attenuated Great Lakes area 2 to 27.5 Any______150 to protect the adjacent channels. and Mississippi Mc/s (a) * * * River north of 8. In § 83.139 paragraph (a) is Baton Rouge, La., amended and a new paragraph (c) is Emission Authorized and connecting inland waters. added to read as follows: Class of Emission designator bandwidth (kc/s) § 83.139 Transmitters required to be Other than the above. 2 to 4 Ship to shore, »•400 Mc/s emission: type accepted for licensing. A l...... O.lOAl...... 0.3 A3. A2...... 2.66A2...... 2.8 A3H, A3A, »•150 (a) Except as provided by paragraph A3...... 6A3...... 80 A3J. (c) of this section, each radiotelephone A3 A...... 2.8A3A...... 43.0 Ship to ship, 150 transmitter authorized in a ship station A3B...... 5.6A3B...... 7.0 emission: A3. A3H...... 2.8A3H...... 4 3.0 A3H, A3A, 150 or marine-utility station (other than A3J...... 2.8A3J...... *3.0 A3J. transmitters authorized solely for de FI...... 0.3F1»...... »0.5 4 to 27.5 Any— ...... •1,000 F3...... 16F3*...... !... >20.0 Mc/s velopmental stations) must be type ac F3 . . 36F3 *...... * 40.0 cepted by the Commission. PO-...... Variable...... Variable 1 Except for distress, urgency and safety purposes the * * * * * maximum power which may bemused on 2170.5, 2182, and 2191 kc/s is 150 watts. (c) Effective January 1, 1971, DSB »Narrow-band Direct-printing Telegraph and Data • Except for the limitation specified in footnote 1 to Transmission systems. this table, for passenger vessels of 5,000 gross tons and transmitters operating in the band 2000- • Applicable when maximum authorized frequency over this value is 1000 watts. 2850 kc/s will not be authorized for in deviation is 5 kc/s. See paragraph (c) of this section. • For passenger vessels of 5,000 gross tons and over this stallations made aboard ship stations • Applicable when maximum authorized frequency value is 3000 watts. after that date: Provided, however, That deviation is 15 kc/s. See paragraph (c) of this section. * * * * * • Transmitters type accepted to operate in the band in a ship radio station authorized to 2000-2850 kc/s prior to the effective date of this 7. In § 83.137, paragraph (c) is amend rule change, the authorized bandwidth is 3.5 kc/s. operate on frequencies in the band 2000- ed; paragraphs (d) through (f) are re 2850 kc/s, DSB equipment may continue * * * * * designated (e) through ( g ) ; and new paragraphs (d) and (h) are added to to be authorized for a period not to 6. In § 83.134(d), the table is amendedread as follows: extend beyond January 1, 1977, where a license: to read as follows: § 83.137 Modulation requirements. * * * * * § 83.134 Transmitter power. •The exception which follows is applicable (c) Except as provided in paragraph to transmitters operating in the hands be * * * * * (d) of this section, single sideband and tween 4 and 23 Mc/s (see Docket No. 18271). FEDERAL REGISTER, V O L 34, NO. 167—-SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING ; 15943 (1) Was granted prior to January 1, Frequency vision is not applicable to the transmis 1971, and (kc/s) Geographical area sion of distress, alarm, urgency, or safety (2) Has not expired due to failure to 2003 ______Great Lakes only. signals, or to messages preceded by one renew; or 2065 ______(a). of these signals. (3) Has not been cancelled at the re 2079 ______(2). 14. A new § 83.370 is added to read as 2082.5 ______(2). follows: quest of the licensee; or 2086 ______(2). (4) Has not been revoked by order 2093 ______(2). § 83.370 Frequencies available in all of the Commission. 2096.5 _____ - (2) . zones o f Alaska Area. 9. In § 83.141 paragraph (a) (2) is 2 1 0 0 ______(2). 2103.5 — _____ (*). (a) Each of the carrier frequencies set amended to read as follows: 2 1 42 ____ '__ Pacific coast area south or lati forth in the following table, when au § 83.141 Special requirement for sur tude 42° north, on a day only thorized by station license, may be used vival craft stations. basis. by ship stations in all zones of the Alaska 2170.5 ______(*), Area. The limitations and conditions of (a) * * * 2191 ______(*). use applicable to each frequency are set (2) The frequency 2182 kc/s be able 2638._____„ A l l areas. 2735 _____— (*). forth in the paragraphs which appear be to use class of emission as set forth in low the table. Conversion from double § 83.351; 2738 ______All areas except the Great Lakes and the G ulf of Mexico. sideband (DSB) to single sideband * * * * * 2830 ______G u lf of Mexico only. (SSB) emissions in the band 1605-4000 10. A new § 83.278 is added to read as 1 Subject to the conditions of use set forth kc/s shall be effected in accordance with follows: in § 83.351(b) (9) (see note) and § 83.351(b) the schedule set forth in section 83.372 (o ). (Conversion to SSB in the bands § 83.278 Practices concerning transmis (10) (see note). The nature of service and sion of public correspondence in category of vessel to be permitted on these between 4 and 23 Mc/s: see Doc. No. intership carrier frequencies is under con 18271.) Alaska area. tinuing consideration by the Commission. 2 Only a portion of these frequencies will be } Limitations and (a) Pending Commission implementa Frequency (k c/s) conditions of use. tion of the tariff filing requirements of available for use in the United States. The 1619______section 203 of the Communications Act number which wUl be available is under con ------(2 ), (6 ). sideration by the Commission, and is being 1622______------( 1 ), (2 ), (6 ) and Part 61 of this chapter with respect coordinated with Canada. The frequencies 2131______------(2 ), (8 ). to common carriers in Alaska, any ultimately selected will be available only for 2134______------( 1 ), (2 ),( 8 ) charges made by a public ship station in single sideband radiotelephony, and the 2237______------(2 ), ( 8 ). the Alaska area, for interstate or foreign classes of emission will be limited to A3A 2240 - ___ _------( 1 ), (2 ), (8 ) communication service, should conform and A3J. 2379______------(2 ), (7 ). to the applicable regulations and tariffs 2382______------(1 ), (2 ), (9) Note: § 83.351(b) (9 ). Available for use by 4380.6— — _ .------(5 ),(9 ). issued by the Alaska Communication ship stations after Jan. 1, 1977, or at an ear 4383.8______------(4 ), (5), (9) System. Information regarding charges lier date: Provided, however, That interfer 4390.2______------(3 ), (9). of any such station or any changes ence will not be caused to coast and ship therein should be furnished promptly to stations employing double sideband emis (1) Until January 1, 1977, available the Tariff Manager of the Alaska Com sions centered on the carrier frequency lo for use with 6A3, 2.8A3A, 2.8A3H, and munication System, Seattle, Wash. 98104. cated 3.00 kc/s above this carrier frequency. 2.8A3J. (b) Except in event of an emergency § 83.351(b) (10 ). Use of this frequency is (2) After January 1, 1977, available limited to emissions 2.8 A3 A and 2.8A3J only. concerning the immediate safety of life or for use with emissions 2.8A3A and 2.8A3J. property, no public ship station in the $ * * * * (3) Until March 1, 1970, 0001 G.m.t., Alaska area shall transmit any commu 12. In § 83.365, paragraph (b) is available for use with emissions 6A3, nication in behalf of any person other amended to read as follows: 2.8A3A, 2.8A3H, and 2.8A3J. This fre quency will not be available for use by than the licensee to any other station § 83.365 Procedure in testing. licensed by the Commission under cir ship stations after 0001 G.m.t., March 1, cumstances wherein such telecommuni * ♦ * ♦ * 1970. cation can be transmitted effectively by, (b) When testing is conducted on any (4) During the period March 1, 1970, or to, readily available facilities of the frequency within the bands 2173.5 to January 1,1974, available for use with Alaska Communication System which are to 2190.5 kc/S, 156.75 to 156.85 Mc/s, 480 emissions 6 A3, 2.8A3A, 2.8A3H, and open to public correspondence and are to 510 kc/s (survival craft transmitters 2.8A3J. . capable of effectively forwarding (via only), or 8362 to 8366 kc/s (survival (5) After January 1, 1974, available connecting facilitities if and when re craft transmitters only), no test trans for use with emissions 2.8A3A and 2.8A3J. quired) such telecommunication to the missions shall occur which are likely to (6) For communication by radiote designated recipient. actuate any automatic alarm receiver lephony with public correspondence coast within range. Survival craft stations stations; and for intership communica 11. In § 83.358, paragraph (a) is tion by radiotelegraphy between ship sta amended to read as follows: using telephony shall not be tested on the frequency 500 kc/s during the 500 tions on board vessels of less than 500 §83.358 Frequencies below 3000 kc/s kc/s silence periods. gross tons. for safely purposes. 13. In § 83.366, paragraph (j) is (7) For communication by radiote (a) The following carrier frequencies, amended to read as follows: lephony with public correspondence coast stations; and for intership communica when authorized by station license, are § 83.366 General radiotelephone oper available for intership safety communi tion by radiotelegraphy between ship sta ating procedure. tions on board vessels of 500 gross tons cations in the respective geographic * * * * * areas. In addition, on a noninterference or more. basis to safety communications, the fre (j) 2182 kc/s silence period in Regions (8) Available to public ship stations quencies may be used for operational 1 and 3. Transmission by ship or survival for communication exclusively with coast communications and, in the case of com craft stations when in Regions 1 and 3 stations of the Alaska Communication mercial transport vessels and vessels of (except in the territorial waters of Japan System which are located in the Alaska and the Philippines) is prohibited on any municipal or state governments, for area and are open for public correspond frequency (including 2182 kc/s) within ence. business communications. Use of these the band 2173.5 to 2190.5 kc/s during (9) (i) Primarily, for communication carrier frequencies is prohibited when each 2182 kc/s silence period, i.e., for 3 by radiotelephony with public corre the use of a licensed frequency above 27.5 minutes twice each hour beginning at spondence coast stations on board any Mc/s in lieu thereof would provide x h. 00 and x h. 30, Greenwich mean type of vessel during the hours 6 a.m. to effective communication. time: Provided, however, That this pro- 9 p.m., local standard time; and FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13944 PROPOSED RULE MAKING (ii) Secondarily, during the hours 6 § 83.372 Frequencies available in one or Ship station Associated ACS a.m. to 9 p.m., local standard time, for For communica- transmitting coast station - more zones of the Alaska Area. communication by radiotelephony be tion with ACS carrier fre- carrier fre- eoast stations quency. (kc/s) quency. (kc/s)3 (a) Each of the carrier frequencies set tween ship stations on board any type located in the ------:------— —------;—•— forth in the following table, when au of vessel, on condition that harmful in vicinity of— Until After Until After Jan. 1, Jan. 1, - Jan. 1, Jan. 1, thorized by station license, may be used terference shall not be caused to the 19772 19772 1977» 1977» by public ship stations employing radio service of any coast station using radio telegraphy or radiotelephony: Provided, telephony. The use of this frequency for Anchorage, Alaska. 2134 2134 2312 2312 however, That radiotelephony only shall this purpose shall be limited to the rela Cold Bay, Alaska.. 2134 2134 2312 2312 be employed on frequencies in the band tively longer distances over which the Cordova, Alaska___ 2134 2237 2312 2397 Juneau, Alaska____ 2240 2240 2400 2400 4361-4438 kc/s. Frequencies designated use of frequencies below 3400 kc/s or Ketchikan, Alaska. 2134 2237 2312 2397 for use in a zone of the Alaska area are above 156 Mc/s would not be effective. King Salmon, available only to coast stations located Alaska______2134 2240 2312 2400 15. A new § 83.371 is added to read asKodiak, Alaska...... 2240 .2131 2400 2309 in that zone. The limitations and condi Nome, Alaska_____ 2240 2240 2400 2400 tions of use applicable to each frequency follows: Petersburg, Alaska. 2134 2134 2312 2312 Sitka, Alaska______2240 2134 2400 2312 are fet forth in the paragraphs which § 83.371 Public telephone service, ship Unalaska, Alaska... 2134 2134 2312 2312 appear below the table. Conversion from stations to ACS coast stations. double sideband (DSB) to single side Public ship stations shall use radio- » Until Jan. 1, 1971, emission 6A3, 2.8A3A, 2.8A3H, or band (SSB) emissions in the band 1605- 2.8A3J may be employed. During the period Jan. 1,1971, telephony carrier frequencies, for work to Jan. 1, 1977, emissions 2.8A3A, 2.8A3H, or 2.8A3J 4000 kc/s shall be effected in accordance ing with the designated Alaska Commu may be employed. After Jan. 1, 1977, emissions 2.8A3A nication System coast stations, as set or 2.8A3J only shall be used. with the schedule set forth in paragraph 2 Until Jan. 1,1977, emissions 6A3, 2.8A3A, 2.8A3H, or (o) of this section. (Conversion to SSB forth in the following table. The hours 2.8A3J may be employed. After Jan. 1, 1977, emissions of service of each ACS coast station may 2.8A3A and 2.8A3J only shall be used. in the bands between 4 and 23 Mc/s: * The schedule of conversion of ACS coast stations be obtained upon request made to the from DSB to SSB and conditions relating to provision See Doc. No. 18271.) The frequencies ACS or to the Commission’s Engineer in of VH F service are set forth in § 81.304(f) of this chapter. available and the zones in the Alaska Charge at Anchorage, Alaska, or Seattle, 16. A new § 83.372 is added to read asarea in which they may be employed are Wash. follows: set forth in the following table: Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Available Available Available'' Available Available Available Available Available Available Available Available Available until after until after until after until after until after until , after Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1, 1977, Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 Jan. 1,1977 1646 1646 1646 1643 1646 1646 1652 1649 . 1652 1652 1708 1705 1708 1705 Ì7Ì2(b) 1709 . 1712(b) 1712 2006(d) 2006(d) 2003(d) 2ilS(m) 2115(m) 2118(m) 2118(m) • 2422 2419 2422 2422 \ . " 2430(c) 2430(c) 2430 2427 2430 2430 (n) (n) 2450(f) 2450(f) 2450(f) 2447(f) 2450(0 ; 2450(f) 2479(n) 2482(g) 2482(g) — 2482(n) 2482(g) 2482(g) (g) (g) . 2506(h) 2506(h) 2506(h) 2506(h) 2612 2512 2512 2509 - 2512 2512 2512 2509 • 2538(e) 2538(e) 2538(e) 2535 2566 2566 2566 2563 2566 2566 2616(d) 2616(d) (i) (i) 3261(j) 3261 (j) 3261(j) 3261(j) 3261(j) 3258® 4409.4(k) 4403.0(k) 4409.4(k) 4428.6(k) 4409.4(k) 4399.8(k) 4434.9(k) 4425.4(k) 4434.9(k) 4428.6(k) 4434.9(k) 4403.0(k) (b) To minimize interference to the shall not transmit on 2538 kc/s when ered by the use of a frequency below service of stations in Zone 3 or 4 operat south of 56° north latitude. 2700 kc/s or above 156 Mc/s. ing on 1708 kc/s, ship stations in Zone (f) Use of the frequency 2450 kc/s (k) (1) The frequencies 4409.4 and 1 shall not transmit on 1712 kc/s when shall be coordinated as necessary with 4434.9 kc/s are authorized, until May 1, west of 138° west longitude, nor in Zone use of the frequency 2466 kc/s by Alaska- 1970, for telephony exclusively; for use 5 when south of 62° north latitude. public fixed stations in the Alaska area during the hours 6 a.m. to 9 p.m. local FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 PROPOSED RULE MAKING 13945 (3) Effective January 1, 1974, or an 1971, may continue to be used until Janu visions having been transferred as earlier date where facilities permit, ship ary 1,1977. follows : stations shall: (3) After January 1, 1971, new instal (i) Discontinue use of double side lations of transmitters employing A3A, Part 85 Part 81 Part 83 band emission on frequencies in the band A3H, and A3 J (single sideband) emissions 4361-4438 kc/s: will be authorized only for communica Title Title Title (ii) Employ frequencies in the 4361- tion : 85.1______... 81.1______.. 83.i: 85.2______... 81.9______.. 83.2. 4438 kc/s band in zones of the Alaska (i) (With coast stations:) To ship 85.3______... 81.9...... 83.2. area as set forth in the table of para stations which are also equipped with 85.4______... Deleted______.. Deleted. 85.21(a)_____ ... 81.21______.. 83.21. graph (a) of this section: VHP and operate at a distance from a 85.21(b) _____... 81.39(a)(2)...... public coast station, limited coast station 85.22______... 81.24(a)...... 83.24. Effective Effective with which the ship station is authorized 85.23_.__...... 81.40 (c), (d)... May 1, 1970 Jan. 1,1974 85.24...... 81.30(b)______(DSBprSSB) (SSB only) to communicate, or U.S. Coast Guard 85.25...... Deleted...... Deleted. (kc/s) 1 (kc/s) 2 station which is beyond VHP communi 85.61______... 81.65...... 83.63. 85.62...... 81.68 (d), (e)._ cation range; and 85.63...... 81.71______Zone 1____- -___ -_____ 4403.0 4403.0 (ii) (For intership communication:) 85.64______... 81.74______Zone 2...... 4403.0 4428.6 To ship stations where communication 85.64...... 81.75...... Zone 3..— — ...... ----- 4403.0 4399.8 85.65______... Deleted______Zone 4______4428.6 4425.4 is required with other vessels over dis 85.10(a)...... 81.180______* Zone 5...... 4 4428.6 4428.6 tances in excess of the VHP communica 85.10(b)_____ ... 81.701...... 83.176. Zone 6______4428.6 4403.0 85.10(b)_____ ... 81.180...... 83.177. tion range. 85.10(b)_____ ... 81.181...... (4) After January 1,1977, to those ship 85.102...... 81.179 (i), (g).. .. 83.278 (a), (b)j 1 6A3, 2.8A3A, 2.8A3H, and 2.8A3J emissions. stations which are equipped for use of 85.103...... 81.702...... 2 2.8A3A, and 2.8A3J emissions. 85.104...... 81.104______both single sideband emissions in the 85.105______... 81.106...... (1) (1) When operating on any fre 85.106______... 81.703.1...... band 1605-4000 kc/s and F3 emission 85.107______... 81.303______quency designated in paragraph (a) of in the band 156-162 Mc/s. 85.108...... 83.329. this section, a ship station shall transmit (5) After January 1, 1977, subject to 85.108...... : .. 83.367. 85.109(a)____ ... 81.704...... only on an authorized carrier frequency subdivision (iv), below, radiotelephony 85.109(b)...... 81.214...... which is specifically authorized by that frequencies in the band 1605-4000 kc/s 85.109(b)____ ... 81.370...... paragraph for transmission in the zone in 85.110______.. 83.330. will not be available for and shall not be 85.110 _ .. 83.368. which the ship station then is located: used to communicate: 85.111 ...... 81.302______Provided, however, That, for communi 85.111______... 81.307...... (i) With other vessels which are within 85.111...... 81.308______cation with a ship or coast station »lo communication range of VHF; 85.112...... 81.104...... cated in a contiguous zone which uses a (ii) Within ports, harbors, for com 85.113...... 81.74...... 85.113______... 81.75______frequency in accordance with para munication concerning passage of ships 85.114...... 81.504...... 83.434. graph ,(a) of this section but not desig through locks, bridge areas, or Govern 85.115______... Deleted...... Deleted. 85.151______... 81.131...... nated by that paragraph for use in the ment-controlled waterways; and 85.152______... 81.132______.. 83.132. zone in which the ship station then is (iii) On lakes or rivers: 85.153______... 81.134...... 83.134. located, such ship station may transmit 85.154...... 81.142______.. 83.137. (iv) The requirements of this sub- 85.155______... Deleted...... Deleted. on the contiguous zone frequency when, paragraph (5) may be waived where a 85.156(a)...... 81.137(d)_____ by reason of conditions not under its con satisfactory showing has been made that 85.156(b)...... Deleted...... 85.201______... 81.705______trol, such operation becomes necessary. the communication requirement cannot 85.202______... 81.706...... (2) Ship stations are authorized gen be fulfilled by VHP, or by adaptation of- 85.203...... 81.707-,...... erally to communicate on each frequency 85.204...... 81.708______VHF. 85.205____...... 81.709______designated in this section with public ... 81.710...... Note: The limitations and conditions of 85.206...... coast stations using the same'frequency. 85.207...... 81.713______use set forth in paragraphs (f), (g), (i), 85.208______... Deleted______A ship station may communicate on any and (m) are required during the transition 85.251...... 81.172...... 83.180. of these frequencies with another ship from DSB to SSB. The transition to SSB 85.252. ______... Deleted______.. Deleted. 85.253...... 81.195...... 83.116. station only when requested to do so by will be completed on Jan. 1, 1977, and com 85.254______... 81.187______.. Subpart J, 83.! a public coast station which operates on pliance with these paragraphs will not be 85.255 _ .. 83.316. the same frequency in accordance with required after this date. 85.256 . ... 81.206(d)_____ 85.257...... 81.304(b)_____ .. 83.249(d). paragraph (a) of this section and is 17. In § 83.484, paragraph (a) is 85.258...... 83.351 (a), (b). within communication range of the ship amended to read as follows: 85.259(a)...... 81.307______.. 83.370. station. 85.260______.. 83.370. § 83.484 Radiotelephone transmitter. 85.260...... 83.371. (m) Use of the frequency 2118 kc/s 85,264______... 81.308...... 83.372. shall be coordinated as necessary with (a) The transmitter shall be capable 85.265______... Deleted______.. Deleted. use of the frequency 2134 kc/s in order of effective transmission of A3 or A3H to avoid harmful interference. emission on 2182 kc/s, 2638 kc/s, in ac [F.R. Doc. 69-10211; Filed, Aug. 29, 1969; (n) To minimize interference to or cordance with § 83.351, and at least two 8:45 a.m.] from the operation of stations outside the other frequencies within the band 1605 to 2850 kc/s available for ship to shore Alaska area, this frequency is authorized [ 47 CFR Part 73 1 for use annually in the respective zone or ship to ship communication. only during the hours from 6 a.m. to * * * * * [Docket No. 6741] 11 p.m., local standard time, from 18. In § 83.517, paragraph (a) is CLEAR CHANNEL BROADCASTING IN April 1 to September 30 inclusive. amended to read as follows: STANDARD BROADCAST BAND (o) The transition from double side § 83.517 Medium frequency transmitter. band (DSB) to single sideband (SSB) (a) The transmitter shall have a car Order Extending Time for Filing emissions on frequencies below 4000 kc/s Comments and Reply Comments shall be effected aboard ship stations in rier power of at least 25 watts for A3 accordance with the following schedule. emission or peak envelope power of not 1. On April 25, 1969, the Commission Assignment to ship stations of radio less than 50 watts for A3H emission 2182 released a notice of proposed rule mak telephony frequencies in the band 1605- kc/s, 2638 kc/s, in accordance with ing, Docket 6741 (FCC-69-405) reopen 4000 kc/s will be subject to the follow- § 83.351, and at least one ship to shore ing the “clear channel” proceeding for uig schedule and limitations: working frequency within the band 1605 the purpose of seeking a solution to the i '¿¡P After January 1, 1971, new instal to 2850 kc/s enabling communication long-standing “KOB problem”. Two ex lations of transmitters employing A3 with a public coast station serving the tensions have been granted and the dates (double sideband) emission will not be region in which the vessel is navigated. presently designated for filing comments authorized. * * * * * and reply comments are August 25, 1969, (2) Transmitters employing A3 (double D. Part 85, Public Fixed Stations and and September 25, 1969, respectively. sideband) emission which were author Stations of the Maritime Services in 2. On August 21, 1969, American e d (see § 83.139(c)) prior to January 1, Alaska, is deleted in its entirety, the pro Broadcasting Companies, Inc. (ABC), FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13946 PROPOSED RULE MAKING through its counsel, requested the Com mission to extend the dates for filing FEDERAL POWER COMMISSION SECURITIES AND EXCHANGE comments to and including September 22, 1969, and the filing of reply comments to 118 CFR Parts 212, 441, 450, 471, COMMISSION and including October 22, 1969. This is 482 ] the first extension requested by ABC in [1 7 CFR Part 240 3 [Docket No. R-365] this matter. It states that recent actions [Release 34-8673] of the Commission and of Congress have PROTECTION AND ENHANCEMENT OF AUTOMATED TRADING prevented its counsel from turning his NATURAL, HISTORIC AND SCENIC INFORMATION SYSTEMS attentions to this lengthy and complex VALUES IN DESIGN, LOCATION, proceeding. Counsel for KOB has indi Extension of Comment Period cated by telephone that he consents to a CONSTRUCTION AND OPERATION grant of additional time here sought. OF PROJECT WORKS Notice is hereby given that the Securi 3. It appears that the additional time Notice of Extension of Time for ties and Exchange Commission has ex is warranted. Accordingly, it is ordered, tended the deadline from August 26,1969, That the time for filing comments and Filing Comments to September for the submission reply comments is extended to Septem 15,1969, A u g u s t 25,1969. ber 22, 1969, and October 22, 1969, by all interested persons of views and respectively. Upon consideration of the request comments on the proposal to adopt Rule 4. This action is taken pursuant to filed August 15, 1969, by Edison Electric 15C2-10 (17 CFR 240.15c2-10) under the authority found in sections 4 (i ) , 5 (d )(1), Institute, in the above-designated Securities Exchange Act Of 1934 as well and 303 (r) of the Communications Act proceeding; as other matters referred to in Securities of 1934, as amended, and § 0.281(d) (8) Notice is hereby given that the time is of the Commission’s rules. Exchange Act Release No. 8661, and in extended to and including November 15, the Federal Register of August 9, 1969 Adopted: August 22,1969. 1969, within which any interested person (34 F.R. 12952). may submit data, views, and comments Released: August 26,1969. By the Commission. Federal Communications in writing in the above-designated proceeding. [seal] Orval L. DuBois, Commission, Secretary. [seal] George S. Smith, Gordon M. Grant, Chief, Broadcast Bureau. Secretary. August 21, 1969. [F.R. Doc. 69-10426; Filed, Aug. 29, 1969; [F.R. Doc. 69-10374; Filed, Aug. 29, 1969; [F.R. Doc. 69-10395; Filed, Aug. 29, 1969; 8:49 a.m.] 8:45 a.m.] 8:46 am .] FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13947 N otices K ansas VIRGINIA DEPARTMENT OF THE TREASURY Grant. Morton. Greeley. Stanton. Designation of Areas for Emergency Office of the Secretary Hamilton. Stevens. Loans Kearny. Wichita. POTASSIUM CHLORIDE FROM WEST For the purpose of making emergency GERMANY Pursuant to the authority set forth loans pursuant to section 321 of the Con above, emergency loans will not be made Determination of Sales at Less Than in the above-named counties after solidated Farmers Home Administration Fair Value; Correction June 30, 1970, except to applicants who Act of 1961 (7 U.S.C. 1961) it has been previously received emergency or special determined that in the hereinafter- A u g u s t 26, 1969. livestock loan assistance and who can named counties in the State of Virginia, The second sentence of the first para qualify under established policies and natural disasters have caused a need for procedures. graph of the “Statement of Reasons” in agricultural credit not readily available F.R. Doc. 69-10077, which appeared in Done at Washington, D.C., this 26th from commercial banks, cooperative the F ederal R e g ister of August 23, 1969, day of August 1969. on page 13615, is hereby revised to cor lending agencies, or other responsible rect a typographical omission: “ Sales C lar en c e D. P ala^ y , sources. of the merchandise in. the home market Acting Secretary. Virginia were sufficient to afford an appropriate [F.R. Doc. 69-10411; Filed, Aug. 29, 1969; Albemarle. Goochland. basis of comparison.” 8:48 a.m.] Alleghany. Hanover. Amherst. Henrico. M a t t h e w J. M a r k s , Appomattox. Isle oi Wight. Deputy to the MISSISSIPPI Bath. James City. Assistant Secretary. Bedford. Louisa. Designation of Areas for Emergency Botetourt. Nelson. [F.R. Doc. 69-10403; Filed, Aug. 29, 1969; Buckingham. New Kent. 8:47 a.m.] Loans Campbell. Fowhatah. For the purpose of making emergency Caroline. Prince George. * loans pursuant to section 321 of the Con Charles City. Rockbridge. Chesterfield. Surry. solidated Farmers Home Administration Fluvanna. DEPARTMENT OF THE INTERIOR Act of 1961 (7 U.S.C. 1961) it has been Bureau of Land Management determined that in the hereinafter- Pursuant to the authority set forth above, emergency loans will not be made [New Mexioo 9594] named counties in the State of Missis in the above-named counties after sippi, natural disasters have caused a NEW MEXICO June 30, 1970, except to applicants who need for agricultural credit not readily previously received emergency or special Notice of Proposed Classification; available from commercial banks, co livestock loan assistance and who can Correction operative lending agencies, or other qualify under established policies and responsible sources. A u g u s t 25,1969. procedures. In F.R. Doc. 69-9737 appearing on Mississippi pages 13376 and 13377, of the F ederal Done at Washington, D.C., this 27th Clarke. Leake. day of August 1969. Register issue of Tuesday, August 19, Copiah. Lincoln. 1969 (34 F.R. 13376-13377), the following Covington. Madison. J. P h i l C a m p b e l l , correction should be made: In line 21 Forrest. Marion. Acting Secretary. of the land description, change “ T. 2 S., George. Neshoba. R. 21 E.,” to “T. 1 S., R. 21 E.” Greene. Newton. [F.R. Doc. 69-10431; Filed, Aug. 29, 1969; Hancock. Pearl River. 8:49 a.m.] W . J. A n d e r s o n , Harrison. Perry. State Director. Hinds. Pike. Jackson. Rankin. [FJR. Doc. 69-10393; Filed, Aug. 29, 1969; Jasper. Scott. 8:46 a.m.] Jeff Davis. Simpson. DEPARTMENT OF COMMERCE Jones. Smith. Maritime Administration Kemper. Stone. Lamar. Walthall. NATIONAL BANK OF COMMERCE OF DEPARTMENT OF AGRICULTURE Lauderdale. Wayne. SEATTLE Office of the Secretary Lawrence. Pursuant to the authority set forth Notice of Approval of Applicant as KANSAS above, emergency loans will not be made Trustee Designation of Areas for Emergency in the above-named counties after Notice is hereby given that The Na Loans June 30, 1970, except to applicants who tional Bank of Commerce of Seattle, a national banking association with offices For the purpose of making emergenc previously received emergency or special loans pursuant to section 321 of the Con livestock loan assistance and who can at Second Avenue and Spring Street, sohdated Farmers Home Administratioi qualify under established policies and Seattle, Wash. 98101, has been approved Act Of 1961 (7 U.S.C. 1961), it has beei procedures. as a trustee pursuant to Public Law etermined that in the hereinafter Done at Washington, D.C., this 27th 89-346 and 46 CFR 221.21-221.30. named counties in the State of Kansa* day of August 1969. atural disasters have caused a need fo Dated: August 26, 1969. gncultural credit not readily availabl J. P h i l C a m p b e l l , M . I. G o o d m a n , i®!r commercial banks, cooperativ Acting Secretary. Chief, Office of Ship Operations. dmg agencies, or other responsible sources. [F.R. Doc. 69-10430; Filed, Aug. ' 29, 1969; [F.R. Doc. 69-10372; Filed, Aug. 29, 1969; 8:49 a.m.] 8:45 am .] No. 167---- 7 FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13948 NOTICES 1. These sulfonamides are effective in peutically active form. Data should be in the treatment of chancroid; trachoma; cluded giving the amount of “free” and DEPARTMENT OF HEALTH, EDU “total” sulfonamide level in the blood from inclusion conjunctivitis; nocardiosis; an average dose of the drug.) urinary tract infections due to susceptible CATION, AND WELFARE organisms (usually E. coli, Klebsiella Actions Food and Drug Administration aerobacter, staphylococcus aureus, Pro The systemic sulfonamides are bacte riostatic agents. The spectrum of activities is [D E S I4054] teus mirabilis, and, less frequently, Pro teus vulgaris) in uncomplicated cases; similar for all. Sulfonamides competitively CERTAIN SHORT-ACTING SYSTEMIC toxoplasmosis as adjunctive therapy with Inhibit bacterial synthesis of folic acid (pteroylglutamic acid) from aminobenzoic SULFONAMIDES pyrimethamine; malaria due to chloro- acid. Resistant strains are capable of utiliz quine-resistant strains of Plasmodium ing folic acid precursors or preformed folic Drugs for Human Use; Drug Efficacy falciparum, when used as adjunc acid. Study Implementation tive therapy; meningococcal meningitis In vitro sulfonamide sensitivity tests are where the organism has been demon not always reliable. The test must be care The Pood and Drug Administration strated to be susceptible; Haemophilus fully coordinated with bactériologie and published an announcement in the F ed influenzae meningitis as adjunctive clinical response. Aminobenzoic a d d should er al R eg ister of June 17, 1969 (34 F.R. therapy with parenteral streptomycin. be added to the culture media when the 9464), regarding the efficacy of certain patient is already taking sulfonamide. O f these sulfonamides, only sulfadiazine Currently, the increasing frequency of sul short-acting systemic sulfonamides. is effective in the prophylaxis of rheu Based on a réévaluation of the reports fonamide-resistant organisms is the major matic fever, as an alternative to limitation of therapeutic usefulness. received from the National Academy of penicillin. Wide variation in blood levels may result Sciences—National Research Council, 2. These drugs are possibly effective with identical doses. Blood levels should be Drug Efficacy Study Group, the Com for the, treatment of acute and chronic measured in patients receiving sulfonamides missioner of Food and Drugs finds it otitis media (most commonly due to for serious infections. Total sulfonamide appropriate to amend the announcement blood levels at 12-15 milligram-percent are streptococci, staphylococci, pneumococci, optimal; 20 milligram-percent should: be the of June 17, 1969, to: H. influenzae (in infants), and Escheri 1. Add as an effective indication “in maximum level, as adverse reactions occur chia intermedia) ; pneumococcal infec more frequently at this level. clusion conjunctivitis” : tions; gas gangrene; lymphogranuloma I ndications 2. Indicate the limited effectiveness venereum; chronic urinary tract infec of these drugs in uncomplicated uri Chancroid. tions; sinusitis; and staphylococcal in Trachoma. nary tract infections caused by Proteus fections, especially S. aureus, except in Inclusion conjunctivitis. vulgaris; urinary tract infections in uncomplicated Nocardiosis. 3. Delete references to the use of cases. These drugs, with the exception Urinary tract infections due to susceptible intrathecal streptomycin in combina of sulfadiazine, are possibly effective in organisms (usually E. coli., Klebsiella aero tion with these drugs as an effective the prophylaxis of rheumatic fever, as bacter, Straphylococcus aureus, Proteus mi rabilis, and, less frequently, Proteus vulgaris) treatment of Haemophilus influenzae an alternative to penicillin. meningitis; in uncomplicated cases. 3. There is a lack of substantial evi Toxoplasmosis as adjunctive therapy with 4. Add that these drugs, with the ex dence of effectiveness of these drugs for: pyrimethamine. ception of sulfadiazine, are possibly ef The treatment of tonsillitis; actinomy Malaria due to chloroquine-resistant fective in the prophylaxis o f rheumatic cosis; gonococcal infections; streptococ strains of Plasmodium falciparum, when used fever, as an alternative to penicillin; cal infections; all meningitides, except as adjunctive therapy. • 5. Add as ineffective indications “shig meningococcal infections and H. influ Meningococcal meningitis where the or ellosis” and “ cellulitis” ; enzae meningitis as adjunctive therapy ganism has been demonstrated to be 6. Revise the “ Description” section of susceptible. with parenteral streptomycin; Salmo Hemophilus influenzae meningitis as ad the labeling guidelines to provide for the nella infections; Shigellosis; systemic in junctive therapy with parenteral inclusion of meaningful data on the fections due to Haemophilus influenzae, streptomycin. amounts of “ free” and “ total” sulfona except in otitis media (in infants) due to Add for sulfadiazine only: Prophylaxis of mide levels to be expected from an aver susceptible strains of this organism and rheumatic fever as alternative to penicillin. age dose of the drug ; H. influenzae meningitis as adjunctive Contraindications 7. Revise the “Actions” section of the therapy with parenteral streptomycin; Hypersensitivity to sulfonamides. labeling guidelines to briefly state opti systemic infections due to Klebsiella Infants less than 2 months of age (ex mal and maximum blood levels of the pneumoniae; pneumonia, except in that cept in the treatment of congenital toxo drug; due to Nocardia; Streptococcus faecalis plasmosis as adjunctive therapy with pyri 8. Revise the “ Indications” section of infections; Proteus infections other than methamine) . the labeling guidelines to reflect the ef Proteus mirabilis and Proteus vulgaris; Pregnancy at term and during the nursing fectiveness classification statements in 1 Pseudomonas aeruginosa infections; res period because sulfanamides pass the and 2 above; piratory infections; cystitis, pyelitis, placenta and are exeretéd in the milk and may cause kemicterus. 9. Revise the “ Warnings” section of prostatitis and urethritis unless in un the labeling guidelines to incorporate ref complicated infections due to susceptible Warnings erences to hematologic and renal func organisms; pharyngitis; wound infec Sulfonamides are bacteriostatic and tion testing which were previously in tions; skin and soft tissue Infections; resistance is frequent in organisms re cluded in the “Precautions” section; cellulitis; for the prevention of bactere sponsible for common infections. Sulfa drugs will not eradicate group A 10. Revise the “Precautions” section mia and subacute bacterial endocarditis streptococci and have not been demonstrated of the labeling guidelines to delete ref and for prophylaxis in patients with in to prevent such sequelae of these infections erences to hematologic and renal func dwelling catheters, ureterostomies, uri as rheumatic fever and glomerulonephritis. tion testing; and nary stasis, cord bladder, and bed-ridden Deaths associated with the administra 11. Revise the “Dosage and adminis patients; and before and after genitouri tion of sulfonamides have been reported nary surgery and instrumentation. from hypersensitivity reactions, ' agranulo tration” section of the labeling guide cytosis, aplastic anemia, and other blood lines to indicate the use of the parenteral Description dyscrasias. route only when oral dosage is imprac (Descriptive information to be included The presence of clinical signs such as sor tical. by the manufacturer or distributor should throat, fever, pallor, purpura, or Jaundice Accordingly, the “Effectiveness classi be confined to an appropriate description of may be early indications of serious blood the physical and chemical properties of the disorders. fication” section of the previous an Blood counts should be done fre nouncement and the labeling guidelines drug and the formulation. A statement should be included in regard to the fact that quently in patients receiving sulfonamide . are amended to read as follows: the sulfonamides exist in the blood as free, Renal function tests are recommendea A. Effectiveness classification. The conjugated (acetylated and possibly other during treatment. ,s Food and Drug Administration concludes forms), and protein-bound forms. The The frequency of renal complications » that: "free” form is considered to be the thera considerably lower in patients receiving tn FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 NOTICES 13949 more soluble sulfonamides. Urinalysis with nounced in the F ederal R egister of per million; and in milk at 0.05 part per careful microscopic examination should be June 17, 1969. million (negligible residue). obtained frequently in patients receiving This notice is issued pursuant to the sulfonamides. The analytical methods proposed in provisions of the Federal Fodd, Drug, the petition for determining residues of Precautions and Cosmetic Act (secs. 502, 505, 52 Stat. the herbicide are the gas chromatograph Sulfonamides should be given with cau 1050-53, as amended; 21 U.S.C. 352, 355) ic methods of (1) A. H. Kutschinski, tion to patients with impaired renal or and under authority delegated to the “ Journal of Agricultural and Food hepatic function and in those with severe Commissioner of Food and Drugs (21 Chemistry,” vol. 17, p. 288 (1969; (2) allergy or bronchial asthma. CFR 2.120). A. H. Kutschinski and Van Riley, “ Jour In glucose-6-phosphate dehydrogenase- deficient individuals, hemolysis may occur. Dated: August 25, 1969. nal of Agricultural and Food Chemistry,” This reaction is frequently dose-related. vol. 17, p. 283 (1969); and (3) a gas W in t o n B. R a n k i n , Adequate fluid intake must be maintained chromatographic procedure in which in order to prevent crystalluria and stone Deputy Commissioner residues are extracted with potassium formation. of Food and Drugs. hydroxide solution, cleaned up with an Adverse R eactions [P.R. Doc. 69-10376; Piled, Aug. 29, 1969; ethyl ether extraction, and esterified 8:45 am .] Blood dyscrasias: Agranulocytosis, aplas with diazomethane. The methyl ester is tic anemia, thrombocytopenia, leukopenia, determined using electron capture gas hemolytic anemia, purpura, hypoprothrom - chromatography. CHEMAGRO CORP. binemia, methemoglobinemia. Dated: August 25,1969. Allergic reactions: Erythema multiforme Notice of Filing of Petition Regarding (Stevens-Johnson Syndrom e), generalized J. K . K ir k , skin eruptions, epidermal necrolysis, urti Pesticide Chemical Associate Commissioner, caria, serum sickness, pruritus, exfoliative dermatitis, anaphylactoid reactions, perior Pursuant to the provisions of the Fed for Compliance. bital edema, conjunctiva!^ and scleral injec eral Food, Drug, and Cosmetic Act (sec. [P.R. Doc. 69-10378; Filed, Aug. 29, 1969; tion, photosensitization, arthralgia, and 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a 8:45 a.m.] allergic myocarditis. (d)(1)), notice is given that a petition Gastrointestinal reactions: Nausea, eme (PP 0F0866) has been filed by Chemagro sis, abdominal pains, hepatitis, diarrhea, Corp., Post Office Box 4913, Kansas City, DOW CHEMICAL CO. anorexia, pancreatitis, and stomatitis. Mo. 64120, proposing the establishment CJV.S. reactions: Headache, peripheral of a tolerance (21 CFR Part 120) of 0.5 Notice of Filing of Petitions Regarding neuritis, mental depression, convulsions, Pesticide Chemicals and Food Ad ataxia, hallucinations, tinnitus, vertigo, and part per million for residues of the insomnia. insecticide 0,0-diethyl S-[2-(ethylthio) ditives Miscellaneous reactions: Drug fever, chills, ethyl] phosphorodithioate and its cho Pursuant to the provisions of the Fed and toxic nephrosis with oliguria and linesterase-inhibiting metabolites, calcu anuria. Periarteritis nodosum and L.E. eral Food, Drug, and Cosmetic Act (secs. lated as demeton, in or on the raw 408(d)(1), 409(b)(5), 68 Stat. 512, 72 phenomenon have occurred. agricultural commodity hops. The sulfonamides bear certain chemical Stat. 1786; 21 U.S.C. 3 4 6 a(d )(l), 348(b) similarities to some goitrogens, diuretics The analytical method proposed in the (5)), notice is given that a petition (PP (acetazolamide and the thiazides), and oral petition for determining residues of the 0F0860) has been filed by The Dow hypoglycemia agents. Goiter production, insecticide and its metabolites is a gas Chemical Co., 2020 Abbott Road Center, diuresis, and hypoglycemia have occurred chromatographic procedure using a rarely in patients receiving sulfonamides. Midland, Mich. 48640, proposing an ex flame photometric detector after oxida emption (21 CFR Part 120, Subpart D) Cross-sensitivity may exist with these tion of the insecticide and its metabolites agents. from the requirement of a tolerance for to the corresponding sulfone and oxygen residues of surfactants that are sodium Dosage and Administration analog sulfone. monoalkyl and dialkyl (Cs-C«) phenoxy- Systemic sulfonamides are contraindicated Dated: August 25,1969. benzenedisulfonate mixtures containing Id infants under 2 months of age, except in not less than 70 percent of monoalkylated the treatment of congenital toxoplasmosis J. K . K ir k , product when used as an inert ingredient as adjunctive therapy with pyrimethamine. Associate Commissioner in pesticide formulations. 1. Oral dosage forms: for Compliance. a. Usual dose for infants over 2 months of Notice is also given that the same firm age and children: [F.R. Doc. 69-10377; Plied, Aug. 29, 1969; has filed a food additive petition (FAP Initial dose: One-half of the 24-hour dose. 8:45 a m .] 0H2441) proposing an amendment to Maintenance dose: 150 mg./kg./24 hours § 121.2541 Emulsifiers and/or surface- or 4 gm./M*/24 horns— dose to be divided (21 CFR 121.2541) to pro into 4-6 doses/24 hours with maximum of DOW CHEMICAL CO. active agents 6 gm./24 hours. vide for the safe use of the above-identi Rheumatic fever prophylaxis: Under 30 kg. Notice of Filing of Petition Regarding fied surfactants as emulsifiers and/or (66 lb.)— 0.5 gm./24 hours; over 30 kg. (66 Pesticide Chemical surface-active agents in the manufacture *"•)— 1.0 gm./24 hours, of articles or components of articles in b. Usual adult dose: Pursuant to the provisions of the Fed tended for use in producing, manufactur Initial dose: 2—4 gm. eral Food, Drug, and Cosmetic Act (sec. ing, packing, processing, preparing, Maintenance dose: 2-4 gm./24 hours, 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a treating, packaging, transporting, or divided in 3-6 doses/24 hours. (d) (1)), notice is given that a petition holding food. v 2. Parenteral dosage forms: (PP 0F0863) has been filed by The Dow Injectable sulfonamides should be used Chemical Co., Post Office Box 1706, Mid The analytical method proposed in the only when tarai administration is impractical. pesticide petition for determining resi Usual dose for infants over 2 months of land, Mich. 48640, proposing the estab age, children, and adults: lishment of tolerances for residues of dues of the surfactants is a spectro- Initial dose: One-half of the 24-hour dose. the herbicide 4-amino-3,5,6-trichloro- photometric procedure in which an o 0~5ainten&nce dose : 100 mg./kg./24 hours or picolinic acid, from its application in the aqueous solution of the surfactants re •25 gm./M®/24 hours, administered in a 5 acid form, or in the form of its potassium, acts with methyl green dye at pH 2.5 to Percent solution— triethylamine, or triisopropanolamine , ?• Subcutaneous administration, divided salts expressed as 4-amino-3,5,6-trichlor- form a blue complex, the absorbance of into three doses/24 hours; and which is measured at 615 millimicrons. Intravenous administration, divided opicolini cacid, in or o nthe raw ag into 4 doses/24 hours. ricultural commodity group forage Dated: August 25,1969. grasses at 70 parts per million; in kid Publication of this notice J. K . K ir k , ney of cattle, goats, and sheep at 8 parts n the F ederal R eg ister amending the Associate Commissioner previous notice shall be used to compute per million; in liver of cattle, goats, and for Compliance. in pe.riods allowed, thus supersed- sheep at 1 part per million; in meat and [F.R. Doc. 69-10379; Filed, Aug. 29, 1969; “ le time periods previously an fat of cattle, goats, and sheep at 0.2 part 8:45 a.m.] FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13950 NOTICES SHELL CHEMICAL CO. Establishment L icenses I ssued Product L icenses Revoked Without Prejudice Notice of Filing of Petition Regarding Establishment City and State License Product Establishment License No. No. Pesticide Chemical Pursuant to the provisions of the Fed State University Hospital, Syracuse, N .Y . „ 417 Resuspended Red Blood Bank of the 191 Upstate Medical Center. Blood Cells Alameda-Contra eral Food, Drug, and Cosmetic Act (sec. Allied Plasma Corp...... Miami, Fla_____ 418 (Human). Costa Medical 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Columbus Biologicals, Inc— Columbus, 419 Association. Ohio. Whole Blood (Human). Marathon County (d)(1)), notice is given that a petition Eastern Biologicals, Inc___ Miami, Fla...... - 420 Blood Bank, Inc. (PP OF0861) has been filed'by Shell Laboratory. Chemical Co., Division of Shell Oil Co., Establishment Licenses R evoked Without Bacterial Vaccine Lederle Laboratories 17 1700 K Street NW., Washington, D.C. Prejudice made from Division, American Friedlander bacillus. Cyanamld Co. 20006, proposing the establishment of a Bacterial Vaccine ...... do...... - 17 tolerance (21 CFR Part 120) of 0.1 part High Titer Serum Labora- New York, 163 made from Influenza per million for residues of the insecticide tory. N.Y. bacillus. Marathon County Blood Wausau, Wis___ 285 Bacterial Vaccine / ...... do...... 17 dimethyl phosphate of 3-hydroxy-N- Bank, Inc. made from methyl-cis-crotonamide in or on the raw Sterling Drug, Inc...... Rensselaer, 69 Micrococcus N.Y. catarrhalis. agricultural commodity cottonseed. Bacterial Vaccine ____ do...... 17 The analytical method proposed in the made from Establishment Licenses R evoked Without P rej Pneumococcus. petition for determining residues of the udice and R eissued Bacterial Vaccine .do. insecticide is a gas-liquid chromato made from Staphylococcus graphic procedure using a phosphorous- Establishment City and State License Action albus. sensitive thermionic-emission detector. . No. Bacterial Vaccine -do. made from Staphylococcus Dated: August 22,1969. aureus. Dade Division of Miami, Fla— 179 Name change. Bacterial Vaccine made .do. J. K . K ir k , American from Streptococcus. Associate Commissioner Hospital B acterial V accine made Supply Corp. from Staphylococcus for Compliance. National Blood New York, 321 Do. citreus. Products, Inc. ' N.Y. Thyphoid and Para Wyeth Laboratories, [F.R. Doc. 69-10380; Filed, Aug. 29, 1969; World Blood Tulsa, Okla... 312 Location typhoid Vaccine. Inc. 8:45 a.m.] Bank, Inc. deleted. Influenza Virus- Sterling Drug, In c.. Vaccine. Schering Corp.-. - - Port Reading, 349 Name 337 change. Tuberculin, Purified Glaxo Laboratories, N.J. Protein Derivative. Ltd. Blood Services__ Scottsdale, . 183 Location Anti-A Blood Group High Titer Serum 1 6 3 . STERLING DRUG, INC. Ariz. added: ing Serum,.. Laboratory. Houston, Anti-B Blood Group ...... do...... 163 Tex. ing Serum. Notice of Filing of Petition for Food 163 Miles Labora Elkhart, Ind. 362 Locations Absorbed Anti-A .....d o...... Additives tories, Inc. and West. deleted. Serum. Haven, Anti-Rh Typing 163 Pursuant to the provisions of the Fed Conn. Serum, Anti-Rho (Anti-D). eral Food, Drug, and Cosmetic Act (sec. Anti-Rh Typing .do. 163 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Product L icenses I ssued Serum, Anti-Rho' (Anti-CD). (b )(5 )), notice is given that a petition Anti-Rh Typing .do. 163 (FAP OH2449) has been filed by Serum, Anti-Rho" Product Establishment License (Anti-DE). Sterling Drug, Inc., 90 Park Avenue, New No. Anti-Rh Typing -do. 163 York, N.Y. 10016, proposing that § 121.- Serum, Anti-rh' (Anti-C). 2547 Sanitizing solutions (21 CFR .do. 163 52 Anti-Rh Typing 121.2547) be amended to provide for the Antihemophilic Factor E. R. Squibb & Sons, Serum, Anti-rh" safe use of an aqueous solution as de (Human). Inc. (Anti-E). Packed Red Blood Marietta Memorial 270 scribed in paragraph (b) (9) but with an Hospital. Cells (Human). Approved: average molecular weight of 351-380. Tetanus Immune Glob Wyeth Laboratories, 3 ulin (Human). Inc. R o d e r ic k M u r r a y , Dated: August 25, 1969. Whole Blood (Human) - Allied Plasma Corp... 418 Director, Division of Biologies Columbus Biologicals,. 419 Standards, National Institutes J. K . K ir k , Inc. Metabolic Research 415 of Health, Department of Associate Commissioner Foundation, Inc. Health, Education, and Wel for Compliance. State University 417 Hospital, Upstate fare. [F.R. Doc. 69-10381; Filed, Aug. 29, 1969; Medical Center. Approved: 2 8:45 a.m.] Rubella Virus Vaccine, Merck Sharp & J a n e S taffo rd, Live. Dohme, Division of Merck & Co., Acting Director of Information, Inc. for the Director, National Public Health Service Anti-A Blood Group Eastern Biologicals, 420 Institutes of Health, Public ing Serum. Inc. Health Service. LICENSED BIOLOGICAL PRODUCTS Anti-B Blood Group ____ do„...... 420 ing Serum. [F.R. Doc. 69-10382; Filed, Aug. 29, 1969; Notice is hereby given that pursuant Anti-Rh Typing Metabolic Research 415 8:45 a.m.] Serum, Anti-Rho Foundation, Inc. Ì ' I • to section 351 of the Public Health Serv (Anti-D). Anti-Rh Typing Abbott Laboratories.. 43 ice Act, as amended (42 U.S.C. 262), and Serum, Anti-Rh0" regulations issued thereunder (42 CFR (Anti-DE). ATOMIC ENERGY COMMISSION Anti-Di» Serum (Anti- Dade Division of 179 Part 73), the following establishment Diego). American Hospital AGREEMENT BETWEEN ATOMIC EN license and product license actions have Supply Corp. ERGY COMMISSION AND STATE OF Anti-Fy» Serum (Anti- Lederle Laboratories 17 been taken from January 1, 1969, to Duffy). Division, American NORTH DAKOTA Cyanamid Co. June 30,1969, inclusive. Discontinuance of Certain Commission These lists are supplementary to the Anti-M Serum. ___..do.'...... 17 Anti-s Serum.. Certified Blood 167 Regulatory Authority and Respon lists of licensed establishments and prod Donor Service, Inc. sibility Within the State ucts in effect on January 1, 1969, pub Lederle Laboratories 17 Division. American Notice is hereby given that Mr. Eber R- lished on March 27, 1969, in F.R. Vol. 34, Cyanamid Co. No. 60. Price, Director, Division of State a®“ FEDERAL REGISTER. VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 NOTICES 13951 Licensee Relations, on behalf of the nition of licenses and exemptions from agree to use their best efforts to develop Atomic Energy Commission, and the licensing of those materials subject to this appropriate rules, regulations, and proce Honorable William L. Guy, Governor of Agreement; and dures by which such reciprocity will be the State of North Dakota, have signed Whereas, this Agreement is entered into accorded. pursuant to the provisions of the Atomic Art. VII. The Commission, upon its own the Agreement below for discontinuance Energy Act of 1954, as amended; initiative after reasonable notice and op by the Commission and assumption by Now, therefore, it is hereby agreed be portunity for hearing to the State, or upon the State of certain Commission regula tween the Commission and thé Governor of request of the Governor of . the State, may tory authority. The Agreement is pub the State, acting in behalf of the State, as terminate or suspend this Agreement and lished in accordance with the require follows : reassert the licensing and regulatory au ments of Public Law 86-373 (section 274 Article I. Subject to the exceptions pro thority vested in it under the Act if the of the Atomic Energy Act of 1954, as vided in Articles II, I II, and IV, the Com Commission finds that such termination or mission shall discontinue, as of the effective suspension is required to protect the public amended). The exemptions from the li date of this Agreement, the regulatory au health and safety. censing requirements of Chapters 6, 7, thority of the Commission in the State under Art. VIII. This Agreement shall become and 8 of the Atomic Energy Act are con Chapters 6, 7, and 8 , and section 161 of the effective on September 1, 1969, and shall re tained in Part 150 of the Commission’s Act with respect to the following materials: main in effect unless and until such time regulations (10 CFR Part 150) which was A. Byproduct materials; as it is terminated pursuant to Article VII. published in F ederal R egister issuances B. Source materials; and Done at Bismarck, State of North Dakota, of February 14, 1962, 27 F.R. 1351; C. Special nuclear materials in quantities in triplicate, this 19th day of August 1969. not sufficient to form a critical mass. April 3,1965, 30 F.R. 4352; September 22, For the United States Atomic Energy Art. II. This Agreement does not pro Commission. 1965, 30 F.R. 12069; March 19, 1966, 31 vide for discontinuance of any authority and P.R. 4668; March 30, 1966, 31 F.R. 5120; the Commission shall retain authority and [ seal] Eber R. Price,' December 2,1966, 31 F.R. 15145; July 15, responsibility with respect to regulation of: Director, Division of 1967, 32 F.R. 10432; June 27,1968, 33 F.R. A. The construction and operation of any State and Licensee Relations. 9388; and April 16, 1969, 34 F.R. 6517, production or utilization facility; B. The export from or import into the For the State of North Dakota. Dated at Germantown, Md., this 26th United Spates of byproduct, source, or spe [ seal] W illiam L. Gu y , day of August 1969. cial nuclear material, or of any production Governor. or utilization facility; For the Atomic Energy Commission. Attest : C. The disposal into the ocean or sea of Ben Meier, W . B. M cC o o l , byproduct, source, or special nuclear waste Secretary of State. Secretary. materials as defined in regulations or orders of the Commission; [F.R. Doc. 69-10415; Filed, Aug. 29, 1969; Agreement Between the U.S. Atomic D. The disposal of such other byproduct, 8:48 a.m.] Energy Commission and the State of source, or special nuclear material as the North Dakota foe Discontinuance of Commission from time to time determines [Docket No. 115-4] Certain Commission Regulatory* Au by regulation or order should, because of the thority and Responsibility Wit h in the hazards or potential hazards thereof, not be PUERTO RICO WATER RESOURCES State Pursuant to Section 274 of the so disposed of without a license from the Atomic Energy Act of 1954, as A mended Commission. AUTHORITY Whereas, the U.S. Atomic Energy Commis Ar t. m . Notwithstanding this Agreement, Order Authorizing Dismantling of sion (hereinafter referred to as the Com the Commission may from time to time by mission) is authorized under section 274 of rule, regulation, or order, require that the Facility the Atomic Energy Act of 1954, as amended manufacturer, processor, or producer of any equipment, device, commodity, or other prod By application dated May 26, 1969, the (hereinafter referred to as the A c t ), to enter Puerto Rico Water Resources Authority into agreements with the Governor of any uct containing source, byproduct, or special State providing for discontinuance of the nuclear material shall not transfer possession (PRW RA) requested authorization to regulatory authority of the Commission or control of such product except pursuant dismantle the shutdown Boiling Water within the State under Chapters 6, 7, and 8, to a license or an exemption from licensing Nuclear Superheater (BONUS) Reactor. and section 161 of the Act with respect to issued by the Commission. Operation of the BONUS Reactor has byproduct materials, source materials, and Ar t. IV. This Agreement shall not affect been discontinued and it has been de special nuclear materials in quantities not the authority of the Commission under sub activated by removing all the fuel from sufficient to form a critical mass; and section 161 b. or i. of the Act to issue rules, the reactor and disabling the control rod Whereas, the Governor of the State of regulations, or orders to protect the common North Dakota is authorized under section defense and security, to protect restricted drive system. 23-20.1-05 of Chapter 23-20.1 of the North data or to guard against the loss or diver We have reviewed the application in Dakota Century Code to enter into this sion of special nuclear material. accordance with the provisions of the Agreement with the Commission; and A rt. V. The Commission will use its best Commission’s regulations and have found IVhereas, the Governor of the State' of efforts to cooperate with the State and other that the dismantling and disposal will be North Dakota certified on April 15, 1969, agreement States in the formulation of accomplished in accordance with the reg that the State of North Dakota (hereinafter standards and regulatory programs of the ulations in 10 CFR Chapter I, and will referred to as the State) has a program for State and the Commission for protection not be inimical to the common defense the control of radiation hazards adequate against hazards of radiation and to assure to protect the public health and .safety with that State and Commission programs for and security or to the health and safety respect to the materials within the State protection against hazards of radiation will of the public. covered by this Agreement, and that the be coordinated and compatible. The State Accordingly, it is hereby ordered, That h-io6 des^res to assume regulatory responsi will use its best efforts to cooperate with the PRW RA may proceed with the disman b l y for such materials; and Commission and other agreement States in tling of the deactivated BONUS Reactor 1 qrq reas’ Commission found on July 25, the formulation of standards and regulatory covered by Operating Authorization No. »6», that the program of the State for programs of the State and the Commission ,, e regulation of the materials covered by for protection against hazards of radiation DPRA-4, as amended, in accordance is Agreement is compatible with the Com-' and to assure that the State’s program will with its application of May 26, 1969, and h program for the regulation of such continue to be compatible with the program the Decommissioning Plan submitted 811 is adequate to protect the of the Commission for the regulation of like therewith. " health and safety; and materials. The State and the Commission After the completion of the disman rpor, ieas* tlle State and the Commission will use their best efforts to keep each other tling and decontamination of the gnize the desirability and importance of informed of proposed changes in their re facility, the submission of a report thP -ati°n between the Commission and spective rules and regulations and licensing, describing the condition of the remain for State iu the formulation of standards criteria, and to obtain the comments and protection against hazards of radiation the assistance of the other party thereon. ing structure and the postdecommis Drocn. that State and Commission A rt. VI. The Commission and the State sioning surveillance program, and an rad^H™8 ior Pr°tection against hazards of agree that it is desirable to provide for inspection by representatives of the ble'aacj1 Wil1 1)6 ooordinated and compati- reciprocal recognition of licenses for the Commission, consideration will be given materials listed in Article I licensed by the to whether a further order should be recn^f60®’ the Commission and the State other party or by any agreement State. Ac issued terminating Operating Authori °nize the desirability of reciprocal recog cordingly, the Commission and the State zation No. DPRA-4. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13952 NOTICES Date of issuance: August 11, 1969. ficient. Tracing the alleged evolution of the Commission’s program survey re the Suburban policy from Minshall quirements which Christian’s survey For the Atomic Energy Commission. Broadcasting Co., 11 FCC 2d 796, 12 RR fails to meet, and cites the recent Com F. SCHROEDER, 2d 502 (1968) through the Public Notice mission decision in City of Camden, Acting Director, on Broadcast Applicants’ Ascertainment (W C A M ), 18 FCC 2d 412, 16 RR 2d 555 Division of Reactor Licensing. of Community Needs, FCC 68-847, 33 FR (1969), in support. The petitioner con [F.R. Doc. 69-10389; Filed, Aug. 29, 1969; 12113 (Aug. 28, 1968) and the revision tends that this decision makes it “crystal 8:46 a.m.] of Form 301, section IV-A, the petitioner clear” that the Commission’s “ new pol asserts that the Commission has made a icy” is to require ascertainment of com “ subtle change” in the policy, shifting munity needs, not program needs; and the emphasis from ascertainment of that “even a cursory review” of Chris “program needs” to ascertainment of tian’s Suburban showing establishes that FEDERAL COMMUNICATIONS “ community needs” ; in Sioux Empire, it has not met this standard. Thus, peti supra, asserts the petitioner, the Com tioner urges, the requested issue is COMMISSION mission made its position explicit, say warranted. [Dockets Nos. 18439, 18440; FCC 69R-352] ing: “ each applicant is now required 4. In the opinion of the Review Board, * * * to become informed of the real good cause for the late filing of K & M’s CHRISTIAN BROADCASTING ASSO needs and interests of the area to be CIATION , INC., AND K & M BROAD petition has not been shown. The Com served * * * [to show] that he has pro mission has repeatedly stated that its CASTING CO. posed to meet particular community recent pronouncements on the Suburban Memorandum Opinion and Order needs.” Petitioner claims that Christian’s standard do not constitute “new policy”. Suburban showing does not meet this Enlarging Issues Therefore petitioner’s good cause argu test. A study of Christian’s exhibit, it is ment is not persuasive. Moreover, even In regard applications of Christian claimed, reveals that the applicant ascer if it were assumed that, because “the Broadcasting Association, Inc., Hunting-, tained “program” rather than “ commu requisite programming showing has been ton, W. Va., Docket No. 18439, File No. nity” needs. By way of illustration, peti articulated with greater specificity in re BPH-6437; Edgar Kitchen and Hal Mur tioner notes the responses from two of cent months” (Sioux Empire, supra, at phy, doing business as, K & M Broad Christian’s interviewees. Reverend H. 998, 15 R R 2d at 966), the Commission casting Co., Catlettsburg, Ky., Docket Rhodes stated a preference for better has thereby formulated “ new policy”, No. 18440, File No. BPH-6466; for con news programing and improved han good cause for the late filed petition still struction permits. dling of public affairs programs; he dis does not exist: Sioux Empire, which the 1. The mutually exclusive applications liked ill-produced religious programs; petitioner itself takes to be seminal, was of Christian Broadcasting Association, had mixed emotions concerning com released March 18, 1969; but the present Inc. (Christian), and K & M Broadcast mercials; and saw the need for chil petition was not filed until 4 months ing Co. (K & M) for a new FM broadcast dren’s educational programs. Philip later and petitioner does not adequately station in Huntington, W. Va., and Faust, Assistant Dean of Huntington Col explain the delay. Notwithstanding the Catlettsburg, Ky., respectively, were des lege of Business, stated that local news untimeliness of the petition, the Board ignated for hearing on various issues by should be ferreted out rather than rely has'considered petitioner’s allegations on Commission order (16 FCC 2d 594, 34 ing on teletype news; that radio stations the merits because the question raised F.R. 2442, published Feb. 20, 1969) Now should give free time to discussions per is one of substantial magnitude in the before the Review Board is a petition taining to local government; and that public interest, and enlargement will not to enlarge issues, filed June 11, 1969, by news should not be distorted or slanted unduly disrupt or delay the proceeding;3 K & M, requesting a Suburban issue by radio stations. Finally, petitioner DeWitt Radio, 18 FCC 2d 494 (1969); against Christian.1 asserts, because Reverend Mortenson, WSTE-TV, 16 FCC 2d 625, 15 RR 2d 697 Christian’s interviewer, is not familiar (1969); Edgefield-Saluda Radio Co., 5 2. Petitioner concedes that its request with the local area, it was particularly is untimely under Rule 1.229, arguing FCC 2d 148, 8 RR 2d 611 ( 1966). The incumbent upon that applicant to have Board has concluded that th e, petition however that, in several recent cases conducted a community needs survey. (citing Sioux Empire Broadcasting Co., Christian has failed to do so, petitioner to enlarge must be granted. 16 FCC 2d 995, 15 RR 2d 961 (1969), the concludes and thus an issue is warranted. 5. As petitioner points out, the Com Commission has enunciated a “new” mission has stated that the ultimate ob suburban policy, which requires the 3. Christian, in its opposition, assertsjective of the Suburban survey is to ascertainment of “community” rather that the alleged evolution of “new law” ascertain “ the community’s needs, prob than “program” needs and that only in does not constitute good cause for the lems and issues, not the audience’s cur recent weeks has it become apparent that untimely filing, and even if it did, the rent broadcast programing preferences”. this “new policy” applies retroactively to instant petition was not filed until 3 WCAM, supra, at 420, 16 R R 2d at 559 applications, such as Christian, which months after Sioux Empire was released: (emphasis in original). Christian’s show are already in hearing.2 For this reason, Therefore the petition is untimely. More ing, in our view, does not meet this re petitioner asserts that good cause for the importantly, Christian contends, the quirement. The suggestions received by late filing exists. With regard to the Commission has repeatedly stated that the applicant relate almost exclusively to merits of its request, K & M alleges that its recent declarations on Suburban sur the personal program preference of the when measured by the evolving “ new” veys are nothing more than restatements persons interviewed, and since we are Suburban policy, Christian’s survey is de- of existing policy; thus, good cause for not shown the questions employed in the late filed petition is not shown. The Christian’s survey, the cause of the de Broadcast Bureau also urges denial of ficiency is not determinable. For this 1 Related pleadings before the Board are: the petition, agreeing with Christian that reason, the requested issue must be (a) Opposition, filed June 23, 1969, by Chris the Commission’s recent declarations do tian; (b) opposition, filed June 25, 1969, by added. In addition, we note that there Broadcast Bureau; and (c) reply, filed July 2, not establish “new” law and the petition are certain other deficiencies in Chris is therefore untimely. More significantly, 1969, by K & M. tian’s survey which would warrant im 2 The petitioner asserts that, in the B u the Bureau argues, an examination of reau’s proposed findings and conclusions filed Christian’s survey reveals that, despite position of an issue. The Commission in the Louisa, Ky., case (Docket No. 18235), K & M ’s allegations, Christian’s Subur has stated that the survey must encom on May 6 , 1969, it Indicated that the new ban showing meets the Commission’s pass a cross section of the social, political, policy applied retroactively to hearing cases of which this proceeding is one. Also, in this criteria. Christian similarly argues that economic, and cultural elements of the connection, the petitioner asserts that, be its showing is sufficient. Therefore, it is 3 An exchange of exhibits is scheduled to ginning in January or February 1969, the concluded, the request must be denied Commission’s Renewal Branch began to send occur on Sept. 17, 1969, and hearing is sched out letters, indicating that applicants should on the merits. K & M insists, in its reply, uled for Oct. 9, 1969 (FCC 69M-798, released no longer make surveys of program needs. that there has been a basic change in June 30,1969). FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 NOTICES 13953 community; while a perusal of Chris and the comments should indicate that the Commission. In addition, each sec tian’s survey suggests that it has con this has been done. tion shall have an executive committee, tacted a fair cross section of the religious Notice of Agreement Filed by: administrative committee and a rate and political community leaders, the sur Mr. George F. Gall and, Galland, Kharasch., committee. The duties and functions of vey is virtually devoid of contacts with Calkins & Lippman, 1824 R Street NW, all of these committees are detailed in civic and social organizations and it is Washington, D.C. 20009. > the subject agreement. thus impossible to determine whether Agreement No. 9813, between Ameri Each member line meeting the service there has been a “ truly representative” can Export Isbrandtsen lines, Atlantic requirements shall have one vote in Con examination of the various community Container Line, Ltd., Dart Container ference organizational units in which it elements, WCAM, supra, Lastly, despite line Co., Ltd., Hamburg-Amerika Linie, is represented. Three-fourths of the the Commission’s repeated determina Moore-McCormack Lines, Inc., Nord- membership entitled to vote Will consti tion that the sürvey must encompass the deutscher Lloyd, Sea-Land Service, Inc., tute a quorum for any such unit. Action proposed station’s entire listening area, and United States Lines, Inc., provides is predicated upon the two-thirds vote of WKYR, Inc., 3 RR 2d 1 (1966), Chris for the formation of a Conference in the those members present and entitled to tian’s survey appears to have been en trades between U.S. North Atlantic ports vote, except on such matters as amend tirely confined to its specified community. (Eastport, Maine to Hampton Roads, ment of the basic agreement or expul 5. Accordingly, it is ordered, That the Va., both inclusive) and ports in Europe sion of a member line which require petition to enlarge issues, filed June 11, (including Scandinavia, United King unanimous vote and unanimous vote 1969, by K & M Broadcasting Co. is dom, Eire, and all countries bordering, less one, respectively. Voting by proxy granted; and the issues in this proceed and islands in the Mediterranean and is permitted at all but principals’ com ing are enlarged by the addition of the Black Seas, and Casablanca whether or mittee meetings. following issue: not they are situated on the European The agreement provides for payment To determine the efforts made by continent), and to the extent now or of an admission fee of $5,000 by each Christian Broadcasting Association, Inc., hereafter permissible, between any new member, and that each member to ascertain the community needs and points in the United States and points shall furnish to each section administra interests of the area to be served and in Europe via U.S. North Atlantic ports tor a guarantee of compliance with the the means by which such applicant pro and ports in Europe. This Conference, to agreement consisting of a deposit of poses to meet such needs and interests; be called the Transatlantic Freight $25,000 in cash, securities, or an irrevo and Conference, in recognition of the trend cable letter of credit of equivalent value. 6. It is further ordered, That the bur towards containerized shipping, inter- A procedure for self-policing is provided dens of proceeding with the introduction modal through transport and the effect and an enforcement authority will be of evidence and proof under the above of such through intermodal shipments employed to implement the system. A issue shall be upon Christian Broadcast on ocean ports and hinterland areas, maximum fine of $100,000 may be im ing Association, Inc. desires to establish a coordinated rate posed for a single violation, or in any one structure to serve the commercial re proceeding, with regard given to nature Adopted: August 26, 1969. quirements of the trading areas. It may and gravity of the violation. The ac Released: August 27, 1969. prescribe rates, rules, and regulations cused line may demand review by arbi for its members in the Conference trade, trators of action recommended by the F ederal C ommunications and declare rates, rules, and regulations enforcement authority in accordance C o m m is s io n ,4 open on certain items. Provision is also with the procedure outlined therein. [ seal] B e n F. W a p l e , made that no member shall (a) engage The Conference may be dissolved at Secretary. directly or indirectly, through any hold any time by unanimous vote of its mem [F.R. Doc. 69-10427; Piled, Aug. 29, 1969; ing, subsidiary, associated or affiliated bers effective upon notification to the 8:49 a.m.] company, or otherwise, in the trans Commission of the action taken. portation of cargo in the Conference Dated: August 28, 1969. trade at rates or on terms and condi tions other than those adopted here By the Commission. FEDERAL MARITIME COMMISSION under; (b) take unauthorized independ T h o m a s L i s i , TRANSATLANTIC FREIGHT ent action with respect to any subject Secretary. properly under consideration by the Con CONFERENCE ference, or (c) act otherwise than as [F.R. Doc. 69-10490; Piled, Aug. 29, 1969; Notice of Agreement Filed authorized by the Conference. Under 8:49 a.m.] certain conditions, however, a member Notice is hereby given that the follow may take authorized independent action ing agreement has been filed with the to meet the competition of a nonmember Commission for approval pursuant to line in the Conference trade by adopting DEPARTMENT OF section 15 of the Shipping Act, 1916, as a rate on the same commodity or com amended (39 Stat. 733, 75 Stat. 763, 46 modity group which is lower than the TRANSPORTATION U.S.C. 814) . Conference rate but not lower than the Interested parties may inspect and nonmember’s rate. National Transportation Safety Board obtain a copy of the agreement at the The Conference shall have a commit [Docket No. SA-415] Washington office of the Federal Mari- tee of principals which shall meet at the AIRCRAFT ACCIDENT NEAR hme Commission, 1405 L Street N W , call of its Chairman. It will be divided Room 1202; or may inspect agreements into two sections, eastbound and west MIAMI, FLA. at the offices of the District Managers, bound, which shall be empowered to Notice of Investigation Hearing New York, N.Y., New Orleans, La., and adopt rates, rules, and regulations and ban Francisco, Calif. Comments with incorporate them in tariffs. Each section In the matter of investigation of acci reference to an agreement including a shall have an administrator. The office dent involving Compañía Dominicana de request for hearing, if desired, may be of the eastbound section will be located Aviación,.Douglas DC-4, Oarvair ATL. 98, submitted to the Secretary, Federal in New York, N.Y., and that of the west of Dominican Republic Registry HI-168, rr^tim e Commission, Washington, D.C. which occurred near the Miami Interna bound section in Antwerp. Each section n f 20 days after publication tional Airport, Miami, Fla., June 23,1969. shall have an executive committee which oi this notice in the F ederal R e g ist e r . Notice is hereby-given that an Accident copy of any such statement should also shall designate the administrator and Investigation Hearing on the above mat forwarded to the party filing the his staff and fix the terms of their em ter will be held commencing at 9:30 a.m. agreement (as indicated hereinafter) ployment. The administrators are re (local time) on October 1, 1969, at the sponsible for the keeping of minutes of Dupont Plaza Hotel, 300 Biscayne Boule Bno^View Board Member Nelson dissenting; &ra Members Slone and Pincock absent. all proceedings and for their filing with vard, Miami, Fla. FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13954 NOTICES Dated this 25th day of August 1969. rate at a price in excess of that designat accept such condition the application ed for the particular area of production will be set for formal hearing. [ s e a l ] W i l l i a m R . H e n d r i c k s , for the period prescribed therein unless Senior Hearing Officer. Under the procedure herein provided at the time of filing such certificate for, unless otherwise advised, it will be [F.R. Doc. 69-10388; Filed, Aug. 29, 1969; application, or within the time fixed for unnecessary for Applicants to appear or 8:46 a.in.] filing protests or petitions to intervene, the Applicant indicates in writing that be represented at the hearing. it is unwilling to accept such a condition. G o r d o n M. G r a n t , FEDERAL POWER COMMISSION In the event Applicant is unwilling to Secretary. [Docket No. G-3072 etc.] Docket No. Pres- and date ’ Applicant Purchaser, field, and location Price per Mcf sure HUMBLE OIL ¿^REFINING CO ET AL. filed base Notice of Applications for Certificates, G-3072___ Humble Oil & Refining Co., Post Tennessee Gas Pipeline Co., a 15.0 14.65 7-28-69> Office Box 2180, Houston, Tex. division of Tenneco Inc., Sun Abandonment of Service and Peti 77001. Field, District 4 Area, Tex. tions To Amend Certificates 1 G-4258_____ Suburban Propane Gas Corp. Transcontinental Gas Pipe Line s 23.55 15.025 (G-15001), (successor to R. E. Hubbard, Jr. Corp., Bear Field, Beauregard A u g u s t 22, 1969. E 8-7-69 (Operator), et al.). Post Office Parish, La. • Box 206, Whippany, N.J. 07981, Take notice that each of the Appli G-5033______do...... ______...... Arkansas Louisiana Gas Co., 15.27 15.025. E 8-7-69 Athens Field, .Claiborne Parish, cants listed herein has filed an applica La. tion or petition pursuant to section 7 of G-5034______,do...... do——------15.27 15.025 the Natural Gas Act for authorization E 8-7-69 G-5036____ do. Tennessee Gas Pipeline Co., a » 16.29407 15. 025 to sell natural gas in interstate com E 8-7-69 division of Tenneco Inc., Chat merce or to abandon service as described ham Field, Jackson Parish, La. G-5040. _. .do. United Gas Pipe Line Go., Roanoke 18.5 15.025 herein, all as more fully described in the E 8-7-69 Field, Jefferson Davis Parish, La. respective applications and amendments G-8666___ ■do. Tennessee Gas Pipeline Co., a » 23. 55 15.025 E 8-7-69 division of Tenneco Inc.,. Lake which are on file with the Commission Arthur Field, Jefferson Davis and open to public inspection. _- Parish, La. G-11171___ Austral Oil Co. Inc. (successor to Florida Gas Transmission Co., » 21.75 15.025 Any person desiring to be heard or to E 6-30-69 Shell Oil Co.), 2700 Humble Bldg., Mystic Bayou Field, St. Martin make any protest with reference to said Houston, Tex. 77002. Parish, La. applications should on or before Septem G-12083___ Mobil Oil Corp. (Operator) et al., Tennessee Gas Pipeline Co., a Assigned . D 7-18-69 Post Office Box 1774, Houston, division of Tenneco Inc., La Re ber 19, 1969, file with the Federal Power Tex. 77001. forma Field, Starr and Hidalgo Commission, Washington, D.C. 20426, pe Counties, Tex. G-19712___ Jane Clayton Russell (Operator) Phillips Petroleum Co., W. Pan «12.0 14.65 titions to intervene or protests in accord 7-16-69 * et al. (formerly Jane Clayton handle Field, Gray County, Tex. ance with the requirements of the Com Oakes (Operator) etal-). 15.025 mission’s rules of practice and procedure CI60-69____ Suburban Propane Gas Corp. (suc Florida Gas Transmission Co., » 20.75 E 8-7-69 cessor to R. E. Hubbard, Jr. Napoleonville Field, Assumption (18 CFR 1.8 or 1.10). All protests filed (Operator) et al.). Parish, La. with the Commission will be considered CI62-623 ____do.— ...... Tennessee Gas Pipeline Co., a 7 21.8 15.025 E 8-7-69 division of Tenneco Inc., LeBlanc by it in determining the appropriate ac Field, Allen Parish, La. tion to be taken but will not serve to CI64-1288... Continental Oil Co., Post Office El Paso Natural Gas Co., Blanco- 13.248625 15.025 C 8-11-69 Box 2197, Houston, Tex. 77001. Pictured Cliffs Field, Rio Arriba make the protestants parties to the pro County, N. Mex. ceeding. Persons wishing to become par CI65-369___ PetroDynamics, Inc. (Operator) et Northern Natural Gas Co., Walke- 14.0 14.65 ties to a proceeding or to participate as E 8-6-69 al. (successor to Jas. F. Smith), meyer Field, Stevens County, »16.0 Post Office Box 10006, Amarillo, Kans. a party in any hearing therein must file Tex. 79106. 14.65 petitions to intervene in accordance with CI66-589______do______Cities Service Gas Co., North Yel 14.0 the Commission’s rules. E 8-4-69 lowstone Field, Comanche Coun ty, Kans. 15.025 Take further notice that, pursuant to CI67-4...... Suburban Propane Gas Corp. (suc Valley Gas Transmission, Inc., 15.0 E 8-7-69 cessor to R. E. Hubbard, Jr. (Op Chatham Field (James Lime For the authority contained in and subject erator), et al.). mation), Jackson Parish, La. to the jurisdiction conferred upon the CI67-5_____ . — -.dO-.:—.. . . ____ —...... Valley Gas Transmission, Inc., 15.0 15.025 E 8-7-69 Chatham Field (Hosston Forma Federal Power Commission by sections 7 tion), Jackson Parish, La. and 15 of the Natural Gas Act and the CI68-1057... Aztec Oil & Gas Co., 2000 First Na-, El Paso Natural Gas Co., Aztec 13.0 15.025 Commission’s rules of practice and pro C 7-30-69 tional Bank Bldg., Dallas, Tex. Pictured Cliffs Field, San Juan 76202. County, N. Mex. cedure a hearing will be held without CI70-107-— Calco, Inc.—. . - ...... — Texas Eastern Transmission Corp., Uneconomical further notice before the Commission on B 8-4-69 » South Weesatche Field, Goliad County, Tex. all applications in which no petition to CI70-1Ì6-... Harding Brothers Oil and Gas Co., Valley Gas Transmission, Inc., 14.0 14.65 intervene is filed within the time required A 8-8-69 4317 Oak Lawn Ave., Dallas, Tex. Maetze Field, Goliad County, 76219. Tex. 15.025 herein if the Commission on its own CI70-117___ The Preston Oil Co., Post Office South Texas Natural Gas Gather 21.26 review of the matter believes that a grant A 8-6-69 Box 2319, Columbus, Ohio 43216. ing Co., Tigre Lagoon Field, of the certificates or the authorization Vermilion and Iberia Parishes, La. 14.65 for the proposed abandonment is re CI70-118.-. Sun Oil Co., 1608 Walnut St., Panhandle Eastern Pipe Line Co., •017.0 quired by the public convenience and A 8-6-69 Philadelphia, Pa. 19103. Morse (Des Moines 5,965') Field, Hansford County, Tex. 14.66 necessity. Where a petition for leave to CI70-119-- Arthur I. Appleton d.b.a. Appleton Northern Natural Gas Co., South •o 17.0 intervene is timely filed, or where the A 8-8-69 Oil Co., c/o A. J. Carey, General Greeirough Field, Beaver County, Commission on its own motion believes A 8-8-69 Manager, 506 Beacon Bldg., Tulsa, , Okla. Okla. 74103. 15.326 that a formal hearing is required, fur CI70-120... Stonestreet Oil & Gas Co., Box 360, Consolidated Gas Supply Corp;, 26.0 ther notice of such hearing will be duly A 8-8-69 Spencer, W. Va. 26303. Salt Lick District, Braxton County, W. Va. 18.325 given: Provided, however, That pursuant CI70-121— Burnthouse Oil & Gas Co., c/o W. Consolidated Gas Supply Corp;; 25.0 to § 2.56 of the Commission’s General A 8-8-69 B. Wright, M.D., Agent, Burnt- Glenville and Salt Lick Districts, Policy and Interpretations, as amended, house, W. Va. Gilmer and Braxton Counties, W. Va. 15.828 all permanent certificates of public con CI70-122... Lock 3 Oil, Coal, and Dock Co., Consolidated Gas Supply Corp;; 88.0 venience and necessity granting applica A 8-8-69 et al., 415 Porter Bldg., Pittsburgh, Elk District, Harrison County; W. Va. tions, filed after July 1, 1967, without Pa. 16219. further notice, will contain a condition Filling code: A—Initial service. B—Abandonment. precluding any filing of an increased C—Amendment to add acreage. D —Amendment to delete acreage. E—Succession. 1 This notice does not provide for consoli F—Partial succession. dation for hearing of the several matters covered herein. See footnotes at end of table. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 NOTICES 13955 tended for good cause by the Board or by Docket No. Pres and date Applicant ( Purchaser, field, and location Price per Mcf sure the Federal Reserve Bank of Atlanta filed base pursuant to delegated authority, and that The Tallahassee Bank North be CI70-123.-— . Royal Oil & Gas Corp., Clark Bldg., Consolidated Gas Supply Corp., 25.0 15.325 open for business not later than 6 A 8-8-69 Indiana, Fa. 15701. Philippi District, Barbour County, W.Va. months after the date of this order. CI70-124...... Continental Oil Co.— -...... ----- Colorado Interstate Gas Co., a divi «• 15.0 14.65 A 8-11-69 sion of Colorado Interstate Corp., Dated at Washington, D.C., this 25th Sand Butte Area, Sweetwater day of August 1969. County, Wyo. CI70-125...... John H. Wallace d.b.a. Coastal United Gas Pipe Line Co., Keemac 17.8 14.65 By order of the Board of Governors.2 A 8-7-69 Equipment Co., Post Office Box Field Area, Jim Wells County, 91, Alice, Tex. 78332. Tex. [ s e a l ] R o bert P . F o r r estal, CI70-126.-..-. . The Preston Oil Co...... United Fuel Gas Co., Block 255 44 21.25 15.025 A 8-8-69 Field, Vermilion Area, Offshore Assistant Secretary. Louisiana. CI70-128—___ . Coastal States Gas Producing Co., Trunkline Gas Co., Tigre Lagoon 21.25 15.025 [F.R. Doc. 69-10390; Filed, Aug. 29, 1969; A 8-8-69 Post Office Box 521, Corpus Field Area, Vermilion Parish, La. 8:46 a.m.] Christ!, Tex. 78403. CI70-129...... Cities Service Oil Co., Post Office Consolidated Gas Supply Corp., 28.0 15.325 A 8-11-69 Box 300, Tulsa, Okla. 74102. Elk, Poca and Union Districts, Kanawha County, W. Va. NORTHEASTERN BANKSHARE CI70-130...... ; Texaco Inc., Post Office Box 52332, Banquete Gas Co.j a division of Depleted . B 8-11-69 Houston, Tex. 77052. Crestmoni Consolidated Corp., ASSOCIATION East Taft Field, San Patricio County, Tex. Order Approving Application Under CI70-131...... Ashland Oil & Refining Co., Post Texas Gas Transmission Corp., (“ ) B 8-11-69 Office Box 18695, Oklahoma City, Midland Field, Muhlenberg,Coun Bank Holding Company Act Okla. 73118. ty, Ky. . CI70-132...... -do______do______In the matter of the application of B 8-11-69 CI7D-133______fl2i Northeastern Bankshare Association, B 8-11-69 Lewiston, Maine, for approval of acqui CI70-134...... Sun Oil Co. (Sunoco Division), 1608 Southern Natural Gas Co., Blocks » 21. 93 15.025 sition of at least 51 percent of the voting A 8-11-69 Walnut St., Philadelphia, Pa. 293 and 308, Main Pass Area, Off 19103. shore Louisiana. shares of the Westbrook Trust Co., West CI79-135...... Continental Oil Co., (successor to Southern Natural Gas Co., Bayou 20.625 15.025 brook, Maine. (CI62-395) Austral Oil Company Inc., Post Long Field, St. Martin Parish, La. F 8-11-69 Office Box 2197, Houston, Tex. There has come before the Board of 77001. Governors, pursuant to section 3 (a )(3 ) CI70-136____ _ . M. H. Waldron Estate, c/o Mary L. United Fuel Gas Co., Acreage in 16.0 15.325 A 8-4-69 Wodldridge, Heir 37 South Weyant Mingo County, W. Va. of the Bank Holding Company Act Ave., Columbus, Ohio 43213. of 1956 (12 U.S.C. 1842(a)(3)), and § 222.3(a) of Federal Reserve Regulation 1 Amendment to certificate filed to increase exchange volumes up to a maximum of 28,000 Mcf per day. Y (12 CFR 222.3(a)), an application by 2 Bate in effect subject to refund in Docket No. RI65-476. Northeastern Bankshare Association, s Bate in effect subject to refund in Docket No. RI65-475. 4 Application filed to reflect name change resulting from maìriage of Applicant. Lewiston, Maine, a registered bank hold • Bate in effect subject to refund in Docket No. RI67-229. Rate shown is for sweet gas; sour gas rate is 0.4466 cent ing company, for the Board’s prior ap per Mcf less than sweet gas rate. 4 No permanent certificate issued; temporary authorization granted only. proval of the acquisition of at least 51 7 Bate in effect subject to refund in Docket No. RI65-317. percent of the voting shares of the West 4 Price is 14 cents per Mcf for gas produced from formations below 3,400 feet and the top of the Morrowan Series; 16 cents per Mcf for gas produced from formations below the top of the Morrowan Series. brook Trust Co., Westbrook, Maine. • Belated certificate issued to T. E. Hodge (Operator) et al. As required by section 3(b) of the Act, “ Subject to upward and downward B.t.u. adjustment. 11 Applicant proposes 21.25 cents per Mcf or area rate, whichever is higher. the Board gave written notice of receipt 11 Converted to gas storage reservoir. of the application to the Deputy Bank 14 Includes 0.68-cent upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. Commissioner of the State of Maine and [F.R. Doc. 69-10345; Filed, Aug. 29, 1969; 8:45 a.m.] requested his views and recommenda tion. He recommended the application the Commissioner of Banking of the be given favorable consideration. FEDERAL RESERVE SYSTEM State of Florida, and requested his views Notice of receipt of the application and recommendation in respect thereto. was published in the F ederAl R egister BARNETT NATIONAL SECURITIES In response, the Commissioner recom on July 9, 1969 (34 F.R. 11394), provid CORP. mended approval of the application. ing an opportunity for interested persons Order Approving Acquisition of Bank Notice of receipt of the application was to submit comments and views with re published in the F ederal R e g ister on spect to thè proposed acquisition. A copy Stock by Bank Holding Company June 7, 1969 (34 F.R. 9104), providing of the application was forwarded to the In the matter of the application of an opportunity for interested persons to U.S. Department of Justice for its con Barnett National Securities Corp., Jack submit comments and Views with respect sideration. Time for filing comments sonville, Fla., for approval of acquisition to the proposal. A copy of thè application and views has expired and all those re of 80 percent or more of the voting shares was forwarded to the U.S. Department of ceived have been considered by the of The Tallahassee Bank North, Talla Justice for its consideration. The time Board. hassee, Fla., a proposed new bank. for filing comments and views has ex I t is hereby ordered, For the reasons There has come before the Board of pired and all those received %have been set forth in the Board’s statement1 of Governors, pursuant to section 3 (a)(3 ) considered by the Board. this date, that said application be and of the Bank Holding Company Act of I t is hereby ordered, "Fox the reasons hereby is approved: Provided, That the J956 (12 UJS.C. 1842(a)(3)) and § 222.3 set forth in the Board’s statement1 of acquisition so approved shall not be con ■' °f Federal Reserve Regulation Y this date, that said application be summated (a) before the 30th calendar G2 CFR 222.3(a)), an application by hereby is approved: Provided, That the day following the date of this order, or arnett National Securities Corp., action so approved shall not be consum Jacksonville; Fla., a registered bank hold- mated (a) before the 30th calendar day (b) later than 3 months after the date g company, for the Board’s prior ap following the date of this order or (b) proval of the acquisition of 80 percent later than 3 months after the date of this 1 Filed as part of the original document. , vj“ore of the voting shares of The Tal- order, unless such time shall be ex- Copies available upon request to the Board lanassee Bank North, Tallahassee, Fla., of Governors of the Federal Reserve System, a Proposed new bank, Washington, D.C. 20551, or to the Federal r^souich ^ the proposed new bank 1 Filed as part of the original document. Reserve Bank of Boston. Copies available upon request to the Board »Voting for this action: Chairman Martin State bank, the Board, pursuant of Governors of the Federal Reserve System, nnH^10? of the Act, gave written and Governors Robertson, Mitchell, Maisel, Washington, D.C. 20551, or to the Federal Brimmer and Sherrill. Absent and not vot ce °f receipt of the application to Reserve Bank of Atlanta. ing: Governor Daane. N o. 167------8 FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13956 NOTICES of this order, unless such period is ex office of the Board of Governors or the the President in his declaration of tended for good cause by the Board or Federal Reserve Bank of Richmond. August 19,1969: by the Federal Reserve Bank of Boston Dated at Washington, D.C., this 26th W ard 9 of Orleans Parish. pursuant to delegated authority. . day of August 1969. Dated: August 26,1969. Dated at Washington, D.C., this 25th By order of the Board of Governors. day of August 1969. G. A. L i n c o l n , [ s e a l ] R o bert P. F orrestal, Director, By order of the Board of Governors.2 Assistant Secretary. Office of Emergency Preparedness. [ s e a l ] R o bert P. F o rrestal, [F.R. Doc. 69-10392; -Filed, Aug. 29, 1969; [F.R. Doc. 69-10397; Filed, Aug. 29, 1969; Assistant Secretary. 8:46 am .] 8:47 a.m.] [F.R. Doc. 69-10391; Filed, Aug. 29, 1969; 8:46 am .] OHIO GENERAL SERVICES Amendment of Notice of Major VIRGINIA COMMONWEALTH Disaster BANKSHARES, INC. ADMINISTRATION [Federal Property Management Regs.; Temp. Notice of Major Disaster for the State Notice of Application for Approval of Reg. F—52] of Ohio dated July 17, 1969, and pub Acquisition of Shares of Bank lished July 26, 1969 (34 F.R. 12358), is SECRETARY OF DEFENSE Notice is hereby given that application hereby amended to include the following counties among those counties deter has been made, pursuant to section 3(a) Delegation of Authority of the Bank Holding Company Act of mined to have been adversely affected by 1. Purpose. This regulation delegates the catastrophe declared a major disas 1956 (12 U.S.C. 1842(a)), by Virginia authority to the Secretary of Defense Commonwealth Bankshares, Inc., which ter by the President in his declaration of to represent the customer interest of the July 15, 1969: is a bank holding company located in Federal Government in a water service Richmond, Va., for prior approval by the rate and regulation proceeding. Fulton. Summit. Board of Governors of the acquisition Geauga. 2. Effective date. This regulation is by Applicant of 100 percent of the vot Dated: August 26,1969. ing shares of Bank o f Danville, Danville, effective immediately. Va., an interim bank that will be merged 3. Delegation, a. Pursuant to the au G. A. L in c o l n , immediately into Security Bank and thority vested in me by the Federal Prop Director, Trust' Co., Danville, under the latter erty and Administrative Services Act of Office of Emergency Preparedness. bank’s charter and title, the resulting 1949, 63 Stat. 377, as amended, particu [F.R. Doc. 69-10398; FUed, Aug. 29, 1969; bank thereupon becoming a subsidiary larly sections 201(a)(4) and 205(d) (40 8:47 a.m.] of Applicant. U.S.C. 481(a) (4) and 486(d) ), authority Section 3 (c) of the Act provides that is delegated to the Secretary of Defense the Board shall not approve; to represent the interests of the execu PENNSYLVANIA tive agencies of the Federal Government (1 ) Any acquisition or merger or consoli before the Illinois Commerce Commission Notice of Major Disaster dation under section 3(a) which would re in a proceeding involving water rates and sult in a monopoly, or which would be in Pursuant to the authority vested in me furtherance of any combination or conspir regulations of the East St. Louis and by the President under Executive Order acy to monopolize or to attempt to monopo Interurban Water Co. (Docket No. 10427 of January 16, 1953, Executive Or lize the business of banking in any part of 54992). der 10737 of October 29,1957, and Execu the United States, or b. The Secretary of Defense may re tive Order 11051 of September 27, 1962 (2) Any other proposed acquisition or delegate this authority to any officer, (18 F.R. 407, 22 F.R. 8799, 27 F.R. 9683); merger or consolidation under this section official, or employee of the Department and by virtue of the Act of September 30, whose effect in any section of the country of Defense. 1950, entitled “An Act to authorize Fed may be substantially to lessen competition, or to tend to create a monopoly, or which in c. This authority shall be exercised eral assistance to States and local gov any other manner would be in restraint of in accordance with the policies, proce ernments in major disasters, and for trade, unless the Board finds that the anti dures and controls prescribed by the other purposes” (42 U.S.C. 1855-1855g) ; competitive effects of the proposed transac General Services Administration, and notice is hereby given that on August 19. tion are clearly outweighed in the public further, shall be exercised in coopera 1969, the President declared a major dis- interest by the probable effect of the trans tion with the responsible officers, officials o c f o v a o< f/vllA m e* action in meeting the convenience and needs of the community to be served. and employees thereof. I have determined that the damages to Dated: August 25,1969. those areas of the State of Pennsylvania ah" Section 3(c) further provides that, in versely affected by severe storms and flooding every case, the Board shall take into con R obert L. K u n z ig , beginning on or about July 27, 1969, axe o sideration the financial and managerial Administrator of General Services. sufficient severity and magnitude to warr®? resources and future prospects of the a major disaster declaration under Pun [F.R. Doc. 69-10375; Filed, Aug. 29, 1969; Law 81-875. I, therefore, declare that such a company or companies and the banks 8:45 a m .] concerned, and the convenience and major disaster exists in Pennsylvania. needs of the community to be served. I do hereby determine the following Not later than thrity (30) days after areas in the State of Pennsylvania to the publication of this notice in the F ed OFFICE OF EMERGENCY have been adversely affected by tn catastrophe declared a major disaster ny eral R eg ister , comments and views re the President in his declaration o garding the proposed acquisitibn may be PREPAREDNESS August 19,1969: filed with the Board. Communications LOUISIANA The counties o f: should be addressed to the Secretary, Carbon. Schuylkill. Board of Governors of the Federal Re Amendment to Notice of Major Monroe. Disaster serve System, Washington, D.C. 20551. Dated: August 25,1969. The application may be inspected at the Notice of Major Disaster for the State G. A. L in c o l n , of Louisiana, dated August 21, 1969, is ) Director, hereby amended to include the following 3 Voting for thi« action: Chairman Martin Office of Emergency Preparedness. and Governors Robertson, Mitchell, Maisel, Ward among those parishes determined Brimmer, and Sherrill. Absent and not vot to have been adversely affected by the [FJR. Doc. 69-10399; FUed, Aug. 29, 19691 ing: Governor Daane. catastrophe declared a major disaster by 8:47 a.m.] FEDERAL REGISTER; VOL. 34, NO. T67— SATURDAY, AUGUST 30, 1969 NOTICES 13957 under delegated authority, said execu 5. To extend the disbursement period SECURITIES AND EXCHANGE tion to read as follows: on disaster loan authorizations or undis (Nam e) , Administrator bursed portions of disaster loans. COMMISSION By II. The authority delegated herein may LIBERTY EQUITIES CORP. Manager, not be redelegated. Disaster Branch Office. m . All authority delegated herein may Order Suspending Trading 3. To cancel, reinstate, modify, and be exercised by an SBA employee desig A u g u s t 26,1969. amend authorizations for disaster loans nated as Acting Manager of the Disaster It appearing to the Securities and Ex approved under delegated authority. Branch Office. change Commission that the summary 4. To disburse unsecured disaster loans. Effective date: August 19, 1969. suspension of trading in the common 5. To extend the disbursement period stock and all other securities of Liberty on disaster loan authorizations or undis R o bert E. W e s t , Area Administrator, Dallas, Tex. Equities Corp. (a District of Columbia bursed portions of disaster loans. corporation) being traded otherwise than II. The authority delegated herein [P.R. Doc. 69-10401; Piled, Aug. 29, 1969; on a national securities exchange is re may not be redelegated. 8:47 a.m.] quired in the public interest and for the in. All authority, delegated herein may protection of investors: be exercised by an SBA employee desig [License 01/02-0033] It is ordered, Pursuant to section nated as Acting Manager of the Disaster 15(c)(5) of the Securities Exchange Act Branch Office. GENERAL INVESTMENT COMPANY of 1934, that trading in such securities OF CONNECTICUT, INC. Effective date: August 19, 1969. otherwise than on a national securities Surrender of License exchange be summarily suspended, this R o bert E. W e st , order to be effective for the period Area Administrator, Dallas, Tex. Notice is hereby given that, pursuant August 27, 1969, through September 5, [F.R. Doc. 69-10400; Piled, Aug. 29, 1969; to § 107.105 of the Regulations governing 1969, both dates inclusive. „ 8:47 a.m.] Small Business Investment Companies By the Commission. (13 CFR Part 107, 33 F.R. 326), General Investment Company of Connecticut, [ seal] O rval L. D u B o is , [Delegation of Authority 30-6 (Southwestern Inc., New Haven, Conn., has requested Secretary. A re a), Disaster 734] approval of the Small Business Adminis [F.R. Doc. 69-10396; Piled, Aug. 29, 1969; MANAGER, DISASTER BRANCH tration (SBA) to surrender its license to 8:47 a.m.] OFFICE, HAPPY JACK, LA. operate as a small business investment company. The licensee was incorporated Delegations of Authority Regarding on August 31,1960, under the laws of the Financial Assistance Functions State of Connecticut and licensed by SBA on September 22, 1960, to operate solely SMALL DUSINESS Delegation of Authority from Area under the Small Business Investment Act Administrator, Southwestern Area, to of 1958, as amended (15 U.S.C., 661 et ADMINISTRATION Manager, Disaster Branch Office, SBA. seq.). [Delegation of Authority 30-6 (Southwestern I. Pursuant to the authority delegated Prior to final action on this request, A rea), Disaster 734] to the Area Administrator, by Delega consideration will be given to any com tion of Authority No. 30 (Revision 12), ments pertaining to the proposed sur MANAGER, DISASTER BRANCH 32 F.R. 179, as amended (32 F.R. 8113, render which are submitted in writing OFFICE, SLIDELL, LA. 33 F.R. 8793, 33 F.R. 17217, 33 F.R. 19097, to the Associate Administrator for In Delegations of Authority Regarding 34 F.R. 5134, 34 F.R. 11165, and 34 F.R. vestment, Small Business Administration, 12651), there is hereby redelegated to the 1441 L Street NW., Washington, D.C. Financial Assistance Functions Manager, Disaster Branch Office, Happy 20416, within ten (10) days of the date Delegation of authority from Area Jack, La., the following authority: of publication of this notice. I f no com Administrator, Southwestern Area, SBA, A .Financial assistance. 1. To approve ments are received within the specified to Manager, Disaster Branch Office, SBA. or decline disaster direct and immediate period of time, under the authority vested I. Pursuant to the authority delegatedparticipation loans up to the total SBA by the Small Business Investment Act of to the Area Administrator, by Delega share of (a) $30,000 per household for 1958, as amended, and the regulations tion of Authority No. 30 (Revision 12), repairs or replacement of the home and/ promulgated thereunder, the surrender 32 P.R. 179, as amended (32 P.R. 8113, or not to exceed an additional $10,000 of the license of General Investment 33 P.R. 8793, 33 F.R. 17217, 33 F.R. 19097, allowable for household goods and per Company of Connecticut, Inc., will be ac 34 P.R. 5134, 34 F.R. 11165, and 34 F.R. sonal items, but in no event may the cepted, and accordingly will no longer 12651), there is hereby redelegated to the money loaned exceed $35,000 for a single be licensed to operate as a small business Manager, Disaster Branch Office, Slidell, disaster on home loans, and (b) $100,000 investment company. ha., the following authority: on disaster business loans except to the A. H. S in g e r , A. Financial assistance. 1. To approve extent of refinancing of a previous SBA Associate Administrator or decline disaster direct and immediate disaster loan; to approve disaster Guar for Investment. Participation loans up to the total SBA anteed Loans up to $350,000, and to de A u g u s t 22, 1969. share of (a) $30,000 per household for cline disaster Guaranteed Loans in any amount. [P.R. Doc. 69-10402; Piled, Aug. 29, 1969; repairs or replacement of the home 8:47 a.m.] tiA n«r no^ exc©ed an additional 2. To execute loan authorizations for $10,000 allowable for household goods Washington, area and regional office ap and personal items, but in no event may proved loans and disaster loans approved .e money loaned exceed $35,000 for a under, delegated authority, said execu INTERSTATE COMMERCE turn disaster on home loans, and (b) tion to read as follows : $100,000 on disaster business loans except (Nam e), Administrator ®x^ent ° f refinancing of a previous By COMMISSION aA disaster loan; to approve disaster Manager, [S.O. 994; ICC Order 33, Amdt. 1] guaranteed Loans up to $350,000, and to Disaster Branch Office. CHESAPEAKE AND OHIO RAILWAY ecline disaster Guaranteed Loans in 3. To cancel, reinstate, modify, and CO. aQy amount. amend authorizations for disaster loans • To execute loan authorizations for approved under delegated authority. Rerouting or Diversion of Traffic ashmgton, area and regional office ap- 4. To disburse unsecured disaster Upon further consideration of ICC °ved loans and disaster loans approved loans. Order No. 33 (The Chesapeake and Ohio FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 13958 NOTICES Railway Co.) and good cause appearing within 15 days from the date of publica sought to operate as a common carrier, therefor: tion of this notice in the Federal by motor vehicle, over irregular routes, It is ordered, That : Register. transporting: Liquid cleaning compound, in bulk, in tank vehicles, fr6m Haw ICC Order No. 33 be, and it is hereby, Long-and-Short Haul amended by substituting the follow thorne, Calif., to Pauline, Kans., for 180 ing paragraph (g) for paragraph (g) FSA No. 41728— Sulphuric acid from days. Supporting shipper: Textilana thereof: Cowan and Pepper, Va. Filed by O. W. Corp., 12607 Cerise Avenue, Hawthorne, (g) Expiration date. This order shallSouth, Jr., agent (No. A6126), for in Calif. 90250. Send protests to: District expire at 11:59 p.m., September 10, 1969, terested rail carriers. Rates on sulphuric Supervisor Wm. E. Murphy, Interstate unless otherwise modified, changed, or acid, in tank carloads, as described in the Commerce Commission, Bureau of Oper suspended. application, from Cowan and Pepper, Va., ations, 450 Golden Gate Avenue, Box It is further ordered, That this amend to East Point, Ga., and Jackson Miss. 36004, San Francisco, Calif. 94102. ment shall become effective at 11:59 p.m., Grounds for relief—Market competi No. MC 19945 (Sub-No. 30 TA ) (Cor August 28,1969, and that this order shall tion. * rection), filed August 5, 1969, published be served upon the Association of Ameri Tariff—Supplement 88 to Southern Federal Register, issue of August 19, can Railroads, Car Service Division, as Freight’ Association, agent, tariff ICC 1969, and republished as corrected this agent of all railroads subscribing to the S-671. issue. Applicant: BEHNKEN TRUCK car service and per diem agreement under FSA No. 41729— Fish meal from points SERVICE, INC., Route 13, New Athens, the terms of that agreement; and that in Canada to points in western trunkline HI. 62264. Applicant’s representative: it be filed with the Director, Office of territory. Filed by Western Trunk Line Ernest A.; Brooks II, 1301-02 Ambas the Federal Register. Committee, agent (No. A-2598), for in sador Building, St. Louis, Mo. 63101. Au terested rail carriers. Rates on fish meal, Issued at Washington, D.C., August 26, thority sought to operate as a common in carloads, from Laval Rapides, St. Mar carrier, by motor vehicle, over irregular 1969. tin (Laval Co.), and St. Martin Junction, routes, transporting: Beer, in con I n ter state C o m m e r c e Quebec, Canada, to points in western tainers, from the plantsite and ware C o m m is io n , trunkline territory. house facilities of Miller Brewing Co., [ s e a l ] R. D. P f a h le r , Grounds for relief—Market competi Agent. at Milwaukee, Wis., to Mascoutah, 111., tion. and empty beer containers, on return, [F.R. Doc. 69-10419; Piled, Aug. 29, 1969; Tariff—Supplement 7 to Canadian for 180 days. Supporting shipper: Rob ’ 8:48 a.in.] Freight Association, agent, tariff ICC 303. ert (Chick) Fritz, Inc., Mascoutah, 111. By the Commission. Note: The purpose of this republication [S.O. 994; ICC Order 30, Arndt. 11 is to correct the spelling of applicant’s [seal] Andrew Anthony, Jr., name, and also to correct the supporting CHICAGO, ROCK ISLAND AND Acting Secretary. shipper’s name. Send protests to: Har PACIFIC RAILROAD CO. [F.R. Doc. 69-10421; FUed, Aug. 29, 1969; old Joliff, District Supervisor, Interstate 8:48 a.m.] Commerce Commission, Bureau of Op Rerouting or Diversion of Traffic erations, Room 476, 325 West Adams Upon further consideration of ICC [Notice 896} Street, Springfield, 111. 62704. Order No. 30 (Chicago, Rock Island and No. MC 30837 (Sub-No. 377 T A ), filed Pacific Railroad Co.) and good cause MOTOR CARRIER TEMPORARY August 21, 1969. Applicant: KENOSHA appearing therefor: ~ AUTHORITY APPLICATIONS AUTO TRANSPORT CORPORATION, It is ordered, That: 4200 39th Street, Kenosha, Wis. 53140. August 27, 1969. ICC Order No. 30 be, and it is hereby, Applicant’s representative: Albert P. amended by substituting the following The following are notices of filing of Barber (same address as above). Au paragraph (g) for paragraph (g) applications for temporary authority thority sought to operate as a common thereof: under section 210a(a) of the Interstate carrier, by motor vehicle, over irregular (g) Expiration date. This order shallCommerce Act provided for under the routes, transporting: All terrain vehicles, expire at 11:59 p.m., September 30, 1969, new rules o f Ex Parte No. MC-67 (49 from York, Pa., to points in the United unless otherwise modified, changed, or CFR Part 1131), published in the Federal States (except H aw aii); also, all terrain egister issue of April 27, 1965, effective suspended. R , vehicle bodies, from Jackson, Ohio, to July 1, 1965. These rules provide that York, Pa., for 180 days. Supporting ship I t is further ordered, That this amend protests to the granting of an applica ment shall become effective at 11:59 p.m., per: American Machine & Foundry Co., tion must be filed with the field official Whiteford Road, York, Pa. 17402 (W. August 31, 1969, and that this order named in the Federal Register publica shall be served upon the Association of W. Dellinger). Send protests to: District tion, within 15 calendar days after the Supervisor Lyle D. Heifer, Interstate American Railroads, Car Service Di date of notice of the filing of the appli vision, as agent of all railroads subscrib Commerce Commission, Bureau of Op cation is published in the Federal Reg erations, 135 West Wells Street, Room ing to the car service and per diem agree ister. One copy of such protests must be ment under the terms of that agreement; 807, Milwaukee, Wis. 53203. served on the applicant, or its author No. MC 82841 (Sub-No. 59 TA ), filed and that it be filed with the Director, ized representative, if any, and the pro Office of the Federal Register. August 21, 1969. Applicant: HUNT tests must certify that such service 1ms TRANSPORTATION, INC., 801 Live Issued at Washington, D.C., August 25, been made. The protests must be specific stock Exchange Building, Omaha, Nebr. 1969. as to the service which such protestant 68107. Authority sought to operate as a Interstate Commerce can and will offer, and must consist of a common carrier, by motor vehicle, over ommission C , signed original and six copies. irregular routes, transporting: Pipe, tub seal fahler [ ! R. D. P , A copy of the application is on file, ing, light poles, mast arms, brackets, Agent. and can be examined at the Office of the bases and accessories, from Valley, Nebr., Secretary, Interstate Commerce Com [F.R. Doc. 69-10420; Piled, Aug. 29, 1969; to points in Arizona, California, C o l o r a d o , 8:48 a ju .} mission, Washington, D.C., and also in Idaho, Kansas, Montana, Nevada, New field office to which protests are to be Mexico, North Dakota, Oklahoma, Ore transmitted. gon, South Dakota, Texas, Utah, Wasn- FOURTH SECTION APPLICATIONS FOR Motor Carriers of Property ington, and Wyoming, for 150 days. SUP* RELIEF porting shipper: Valmont Industries, No. MC 730 (Sub-No. 311 T A ), filed August 27,1969. Inc., Valley, Nebr. Send protests to. August 21, 1969. Applicant: PACIFIC Keith P. Kohrs, District Supervisor, in Protests to the granting of an appli INTERM OUNTAIN EXPRESS CO., 1417 terstate Commerce Commission, Burea cation must be prepared in accordance Clay Street, Oakland, Calif. 94612. Ap with Rule 1100.40 of the general rules plicant’s representative: R. N. Cooledge of Operations, 705 Federal Office Build- of practice (49 CFR 1100.40) and filed (same address as above). Authority lng, Omaha, Nebr. 68102. FEDERAL REGISTER, VOL. 34, NO. 167— SATURDAY, AUGUST 30, 1969 NOTICES 13959 No. MC 104896 (Sub-No. 3 T A ), filed Niagara Falls, N.Y., for furtherance to No. MC 115499 (Sub-No. 15 T A ), filed August 20, 1969. Applicant: WOMEL- Canada, for 180 days. Supporting ship August 21, 1969. Applicant: LOWER DORF, INC., Past Office Box 232, Lewis- per: Metropolitan Industries, Metropoli LAKES CARRIER, INC., Post Office Box town, Pa. 17044. Applicant’s representa tan Brick, Inc., 1017 Renkert Building, 712, Ashtabula, Ohio. Applicant’s repre tive: David A. Sutherland, 1140 Con Canton, Ohio 44702. Send protests to: sentative: John Andrew Kundtz, 1050 necticut Avenue NW., Washington, D.C. John J. England, District Supervisor, In Union Commerce Building, Cleveland, 20036. Authority sought to operate as a terstate Commerce Commission, Bureau Ohio 44115. Authority sought to operate common carrier, by motor vehicle, over of Operations, 2109 Federal Building, as a contract carrier, by motor vehicle, irregular routes, transporting: Food 1000 Liberty Avenue, Pittsburgh, Pa. over irregular routes, transporting: Cal stuffs, canned, prepared, or preserved; 15222. cium carbide, in containers, from Ash cooking or edible oils, matches, oleomar No. MC 113678 (Sub-No. 360 T A ), tabula, Ohio, to St. Louis, Mo., for 180 garine, shortening, cleaning kits, and filed August 15, 1969. Applicant: CUR days. Supporting shipper: Union Carbide cleaning compounds (except comodities TIS, INC., Post Office Box 16004, Stock- Corp., 270 Park Avenue, New York, N.Y. in bulk and frozen foodstuffs), from the yards Station, Denver, Colo. 80216. 10017. Send protests to: G. J. Baccei, facilities of Hunt-Wesson Foods, Inc., at Applicant’s representative: Oscar Man- District Superviser, Interstate Commerce Camp Hill, Pa., to points in Delaware, del (same address as above). Authority Commission, Bureau of Operations, 181 Maryland, Pennsylvania, Virginia, those sought to operate as a common carrier, Federal Office Building, 1240 East Ninth parts of New York and New Jersey out by motor vehicle, over irregular routes, Street Cleveland. Ohio 44199. side of the New York, N.Y., commercial transporting: Such commodities, nor No. MC 127689 (Sub-No. 35 T A ), filed zone, as defined by the Commission, and mally used by and dealt in by restaurants August 20, 1969. Applicant: PASCA the District of Columbia, for 180 days. (except meat, meat products, meat by GOULA DRAYAGE COMPANY, INC., Supporting shipper: Hunt-Wesson products, and articles distributed by 705 East Pine Street, Hattiesburg, Miss. Poods, Inc., 1645 West Valencia Drive, meat packinghouses), and fish, when 39402. Applicant’s representative: Harvey Fullerton, Calif. 92634. Send protests to: moving with regulated commodities, E. West (same address as above). Au District Supervisor Roger W. Ritenour, from the distribution warehouse of thority sought to operate as a common Interstate Commerce Commission, Bu London Fish & Chips, Inc., and shipping carrier, by motor vehicle, over irregular reau of Operations, 508 Federal Building, facilities used by London Fish & Chips, routes, transporting: Gypsum and gyp Post Office Box 869, Harrisburg, Pa. Inc., at Denver, Colo., to points in Ala sum products, composition boards, in 17108. bama, Arkansas, Colorado, Delaware, sulating materials, roofing and roofing No. MC 113627 (Sub-No. 6 T A ), filed Florida, Georgia, Illinois, Indiana, materials, urethane and urethane prod August 21, 1969. Applicant: BARNETT Kansas, Kentucky, Louisiana, Maryland, ucts, and related materials, supplies, and MOTOR TRANSPORTATION, INC., 195 Mississippi, Missouri, New Mexico, North accessories incidental thereto, between Sackett Point Road, North Haven, Conn. Carolina, Ohio, Oklahoma, South Caro the plantsite of The Celotex Corp. at 06473. Applicant’s representative: John lina, Tennessee, Texas, Utah, Virginia, Marrero, La., and points in Mississippi, E- Fay, 342 North Main Street, West and West Virginia, for 180 days. Sup for 180 days. Supporting shipper: The Hartford, Conn. 06117. Authority sought porting shipper: London Fish & Chips, Celotex Corp'., 1500 North Dale Mabry, to operate as a contract carrier, by motor Inc., 1050 Yuma Street, Denver, Colo. Tampa, Fla. 33607. Send protests to: vehicle, over irregular routes, transport 80204. Send protests to: District Super Alan C. Tarrant, District Supervisor, ing: Structural steel beams, from Weth visor Herbert C. Ruoff, Interstate Com Interstate Commerce Commission, Bu ersfield, Conn., to points in New York, merce Commission, Bureau of Opera reau of Operations, Room 212, 145 East New Jersey, Connecticut, Pennsylvania, tions, 2022 Federal Building, Denver, Amite Building, Jackson, Miss. 39201. Massachusetts, Vermont, Rhode Island, Colo. 80202. M otor C arrier o f P a ssen g er s and New Hampshire, under continuing No. MC 114004 (Sub-No. 73 T A ), filed No. MC 44770 (Sub-No. 12 T A ) (Cor contract with City Iron Works, Inc., August 21, 1969. Applicant: CHANDLER rection), filed July 28, 1969, published Wethersfield, Conn., for 150 days. Sup TRAILER CONVOY, INC., 8828 New F ederal R eg ist e r , issue of August 14, porting shipper: City Iron Works, Inc., Benton Highway, Little Rock, Ark. 1969, and republished as corrected this Post Office Box 147, Wethersfield, Conn. 72209. Authority sought to operate as a issue. Applicant: ZEPHYR LINES, 06109. Send protests to: District Super common carrier, by motor vehicle, over INCORPORATED, 1114 Currie Avenue, visor David J. Kiernan, Interstate Com irregular routes, transporting: Trailers Minneapolis, Minn. 56716. Applicant’s merce Commission, Bureau of Opera designed to be drawn by passenger auto representative: Joseph J. Dudley, W - tions, 324 U.S. Post Office Building, 135 mobiles, in initial movements, in truck- 1260 First National Bank Building, St. High Street, Hartford, Conn. 06101. away service from points in Crawford Paul, Minn. 55101. N o t e : The proposed No. MC 113666 (Sub-No, 37 T A ), filed County, Ark., to points in Arkansas, authority was inadvertently published as August 21, 1969. Applicant: FREEPORT Colorado, Illinois, Iowa, Kansas, Louisi seeking irregular routes, when applicant TRANSPORT, INC., 1200 Butler Road, ana, Missouri, Nebraska, Oklahoma, actually seeks to operate over regular Tennessee, and Texas, for 180 days. Freeport, Pa. 16229. Applicant’s repre routes. These regular routes were set sentative: Andrew Smetanik (same ad Supporting shipper: Factory Homes forth in previous publication. dress as above). Authority sought to op Corp., Airport Industrial Section, Van By the Commission. erate as a common carrier, by motor Buren, Ark. Send protests to: District Supervisor William H.'Land, Jr., Inter vehicle, over irregular routes, transport [ s e a l ] A n d r e w A n t h o n y , Jr., state Commerce Commission, Bureau of Acting Secretary. ing: Refractory products, from Negley, Operations, 2519 Federal Office Building, [F.R. Doc. 69-10422; Filed, Aug. 29, 1969; °hio, to ports of entry at Buffalo and Little Rock, Ark. 72201. 8:49 a.m.] FEDERAL REGISTER, V O L 34, NO. 167— SATURDAY, AUGUST 30, 1969 13960 FEDERAL REGISTER CUMULATIVE LIST OF FARTS AFFECTED— AUGUST The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during August Pag« 3 CFR Page 7 CFR—Continued Page I9 CFR P roclamations : 987______13408,13914 56______13360 74______13586 3920 ______- ______12819 991______13734 993______13697 76______12780, 12823 3921______- _____ 13145 78______13586 3922______,___ — 13261 1001 ______13915 1002 ______13915 83______r.______12561 3923 _ .13355 97______12561 3924 ______13357 1003 ______13916 3925_.______13903 1004 ______13916 P roposed R u l e s : 1013______— 13585 101______13323 E x e c u t iv e O r d e r s: 1015 _____ 13916 108______13323 April 29,1912 (revoked in part 1016 _ 13917 109______13323 by PLO 4677)______13926 1036______- 12659 114______13323 11246 (superseded in part by 1125______13463 116—______13323 EO 11478)-____ 12985 1132______J__ 13917 117 ______13323 11375 (superseded in part by 1138____ 13919 118 ______13323 EO 11478)______„ 12985 1407_____ 12659 119 __ _ 13323 11477 ______12937 1421______12822,13077,13078,13826 120 ___ 13323 11478 ______12985 1424______13734 121— ___ 13323 1427______12560,13827,13829 203— _____ 13748 5 CFR 1443______12987, 13264 301-330_____ 13194 213______- ______12623, 1479____— ______13078,13829 12832, 12987, 13077, 13407, 13408, ! 1490______13464,13920 TO CFR 13585,13729,13829 1601______12822 l ______— 13360. 294______12779 2—______13360 P roposed R u l e s : 511—______12882 50______13360 534______12882 70_____ 12948 1336Q 550______12623, 13147 81______13035 P roposed R u l e s : 630______13655 101______13110 50...... 13704 713______13656 722____ 13662 729____!______13373 12 CFR 7 CFR 906______— 13928 ______13149 908______12833 26 204______13409, 13524 ___ 13729 921______12949 ______13524 51______13905,13909 207______923 ______12833 210______13645 225______-_____ - ______12623 924 ______12950 _ _ 13409 30l______13729 213______926______13157 217______13524 319______13147 932___ 12891 ______13525 321______13147 221______948______12833 226______13301, 13410 330______13148 958______—- 13747 ______13362 354______13148 531______980 ______12950 545______12661,13272,13864 364______i______13821 981 ______13035, 13601 371______12939 556______12661, 13587 987______12633, 13280, 13704 571______13588 401______13645-13653 991______13035 402 ______13654 993______12834, 13478 P roposed R u l e s : 403 ______13654 1001 ______— 12705, 13601 545______13115, 13481 404 ______13654 1002 ______12705, 13601 555______13481 406______13654 1003 ______12705, 13601 408______13654 1004 ______12705, 13601 13 CFR 409 _ 13654 1013______13280 121______:______13078,13865 410 ______13654 1015 ______— 12705, 13601 P roposed R u l e s : 411 ______13654 1016 ______12705, 13601 121__.______12837 413—______13655 1036____ 13419 717___ 12940 1060______13325 14 CFR 724______13521 1075______— 13873 13078 728______13316 1103______12710 23. 777______13522 1124______12744, 13421 39. IIIIIII— IIIIIIIIIII-- 12562, 811______13319 12563l~1278ll 12941, 12942, 13099, 1132______12788, 13662 13100, 13265, 13467, 13697, 13698, 891___ 12657 1138______,______13478 908______12659, 13793,13922 13923 61 12821, 12941, 13149, 13463, 13732 ------13923 8 CFR 63 910____ 12624, 12941, 13359, 13585, 13913 _ 12564- 912______12881 103______- ______13920 71. 919______13263, 13264 125677 12662, 12781, 12882, 12943, 204______13921 12944, 13152, 13153, 13301, 13368- 921______i______i ______13826 242______13921 923 ______—_ 13826 13365, 13411, 13412, 13467, 13525- 251______12560 13527, 13589, 13590, 13657, 1369». 924 ______13733 334______13921 925 _- ______13655 341______13921 13734,13793,13794 _ oa 927______12821 73______12566, 12567, 13412, 1369» 931 ______12559 P roposed R u l e s : 7 5 - ______13412, 13467 13g9 932 _____ 13913 103______12598 « ------12882, 13467,13923 958______12779 204______12598 93------13528 967-____ 13359 242______12598 ------j2663, 980 ______13320 334______12598 97 981 ______13733 341______12598 12993, 13266,13531,13795,13923 FEDERAL REGISTER 13961 14 CFR— Continued Page 18 CFR—Continued Page 29 CFR—Continued Page 121______12781, 13468, 13821, 13923 P roposed R u le s— Continued 681______„ ______13699 123______-_____ 13923 450______13946 687______12826 127______13923 471______13946 1500______12946 135______13923 482______13946 1604______13367 141______— 13657 P roposed R u l e s : 151______- ____ 12883, 13699 19 CFR 241___ :______13541 727______13607 1204—,______12624 1______— ,______13312 850__ .______— ____ 13666 4______12945 1500______12892 P roposed R u l e s : 16______13413 21______13036, 13329, 13421 P roposed R u l e s : 25______13036 30 CFR 37______13036 8____ : ______13746 56 ______12947 39______12594, 24______12891 57 ______12947 12951,13423,13424,13749 20 CFR 250______13544, 13548 45______13421 61______12713, 13329 404______12568, 13312, 13366 31 CFR 63— ______12713 P roposed R u l e s : 4— ______12577 71______12594-12597, 602______12954 12715, 12716, 12951, 12952, 13330, 257____— ____ 13030 500—______13277 13331,13424,13425,13608,13749, 21 CFR 13750,13876,13877 1______12884 73______12791 32 CFR 75______12597, 13373, 13425 3______13413 91------12713, 13329 8______12576 1— ______13830 121______12713, 13036 29______13658 2 ______13839 123------12713 31______13542 3 ______13839 127------12713, 12716 120 ______12782, 13313, 13367 4 ______r______13841 135------12713 121 ______12662, 5 ______— — — 13842 288—i______13610 12885,13100, 13153,13154, 13273, 6 ______— —— — — — 13842 298_____ — ______13157 13274,13414,13592,13659 7 ______13843 399____ 13610 135C1_____ 13592 9 ______x______13843 135g— ------______. _____ 13592 10 ______13844 141— ______13154 11 ______13846 15 CFR 148n______13469 12— \------13846 370_____ 12883 191______13154 13 ------13854 374_____ 13272 P roposed R u l e s : 14 ______- ______13856 377___ _ 12883 1— 12717 15 ------— 13856 3 8 6 .__ 13272 5___ 13552 16 ______13856 1000___ 12884 2 7 _ t 13157 18------—— _____ 13856 130- 13552 22_— ------— ______13857 16 CFR 133- 13553 23 ------— 13857 2____ 141- 13109 24------— ------13858 146_. 13109 26------13858 15_____ 12824, 13272, 13273 30------13863 247__ 22 CFR 43------— 1______12580 419- l i —— — 12623 43a------12627 500 _ 1453------12582 503- 121-1___ 13274 123 ___ 13276 1712------13314 Proposed Rules: 124 ___ 13276 , 245____ 201______13593 32A CFR 253_____ 24 CFR BDSA (Ch. V I) : 17 CFR BSDA Reg. 2, Dir. 12______13315 o______12625 M-11A—_____ 13031, 13368 230- 200_____ 13029,13469, 13593 270_ 201______12886 33 CFR 203______13594 207______12886 117------12629, 12826, 12827 Proposed Rules: 221_____ —— ______12886 207------— ______13265 210— 222______1______12887 240— 235 ______12888 36 CFR 270— 236 _ ____ 12889, 13594 237 ______12889 7_------— 13595 18 CFR 241______12889 221------12827 2__ . 13024,13413, 13699 1914 ______13543 326------13470 1915 ______13543 510------13276 P roposed R u l e s : 154. P roposed R u l e s : 1665______13110 7______i ____ 12833 o ------12825 25 CFR Proposed Rules: 37 CFR 153______13594 2__ 221______13543 1------12629 4------1971« -- tL 1S9«n 1«4«1 29 CFR 38 CFR 212- 260 526______13101 1------13368 602 ------12826, 12946 6______— _ 12827 441------13946 603 ______12826 8______12827 13962 FEDERAL REGISTER 39 CFR Page 43 CFR—Continued Page 47 CFR—Continued pag* 123______—______—____ - 13868 P ublic L and O rders—Continued P r o p o s e d R u l e s —C o n t i n u e d 126______— ______13869 3521 (amended by PLO 4 6 7 4 ). 12632 6 3 ______— _ 12718 132______13869 4582(modified by PLO 4676) _ 13415 7 3 ______12634, 139______— ______—_____ 13870 4674 ______12632 12893, 13111, 13112, 13158, 13159, 155______13101, 13924 4675 ______12698 13668, 13669, 13758, 13878, 13945 158______;______13870 4676 ______— 13415 8 1 ______1 2 9 5 2 , 1 3 7 52,13 929 164______138714677 ______v ______13926 8 3 ______1 2 9 5 2 , 1 3 7 52,13 929 171______13414, 13871 4678 ______139268 5 ______12952,13929 P roposed R u l e s : 4679 ______— 13926 8 9 ------13112,13759 132______12948 4680 ______139269 1 ______1 3 1 1 3 , 1 3 7 5 9 , 13762 135______126334681 ____ 13927 9 5 ______13114 153______P roposed 13601 R u les: 9 7 — ______13429 417______13157 41 CFR 49 CFR 1 - 1 ______13700 45 CFR 7 1 ______1 3 1 0 6 , 13415 1-19______13735 1 7 2 — ______12589 57______- 13868 1 7 3 - ______12589,13871 5-19______■.______13735 173______12829 1 7 7 ______12592,13872 5-30______-___- ______- 13278 205______13595 7- 1 _____;______13321 1 7 8 ______12592 220______'______13595 8- 1____ — 12782 3 7 1 ______1 2 8 3 4 , 1 3 3 6 9 , 1 3 7 0 1 , 13702 249______13927 8-3______12782,13924 1 0 3 3 — ______13278 1068______12784 8-4______13925 1 3 0 0 ______125 93 , 12837 P roposed R u les: 8-7______12782 1 3 0 7 - ______125 93 , 12837 85______12633 8-12______12782 P r o p o s e d R u l e s : 8- 16______12783 1 7 2 ______13426 9- 3______13103 46 CFR 1 7 3 — ______13374, 13426-13428 9-7______13103 281______13369 1 7 7 ______13427 12B-3______- ______12582 308______13278 1 7 8 ______1 3 3 7 4 , 13428 14-2______13322 310______12632 2 3 1 - ______13750 14H-1 ______13659 375______13105 C h . m ______13480 101-17______- 12828 401______12583 3 7 1 ______1 2 7 1 7 , 136 08, 13609 101-26______12697 3 9 1 ______-136 10 P roposed R ules: 101-42______12783 1 0 4 8 ______13283 109-35-______12582 503— ______,____ 13558 1 0 5 6 ______13482 510______13558 1 3 0 0 — ______13283 514______13332 42 CFR 1 3 0 7 - ______13283 57______13032 528______— ______12835,13704 74______13277 50 CFR 81______13316 47 CFR 1 0 12785 P roposed R u l e s : 2 ______13542 3 2 — — — — — ______12704, 81______13109 73______12698, 12702, 13542, 13736, 13739 12786, 12830-12832, 13032, 13107, 81______12584 13108, 13155, 13369-13371, 13416, 43 CFR 83______- ______12584 13417, 13470-13477, 13550, 13600, 3380______13548, 13550 87______13105 13645,13740-13745 89______13595 33______12787, 13600 P u b l ic L and O rd ers: 93______13595 215______- ______13371 82 (see PLO 4674)______12632 280______13551 1621 (amended by PLO 4674) _ 12632 P roposed R ules: P roposed R u l e s : 2354 (revoked in part by PLO 0 ______12634 13 13373 1 ______— 12634 4679)______- ______- 13926 32—— — — — — — 12705,13661 2632 (revoked in part by PLO 2 ______13752,13929 4675) ______- ___ 12698 43______-12717 33______l 2705