FEDERAL REGISTER VOLUME 32 • NUMBER 67

Friday, April 7, 1967 • Washington, D.C. Pages 5667-5723

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Defense Department Engineers Corps Federal Aviation Agency Federal Communications Commission Federal Crop Insurance Corporation Federal Housing Administration Federal Power Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Interstate Commerce Commission Land Management Bureau National Park Service Post Office Department Public Health Service Securities and Exchange Commission Small Business Administration Wage and Hour Division Detailed list of Contents appears inside. Current White House Releases

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

The Weekly Compilation of Presidential Documents Issues at the end. Cumulation of this index terminates began with the issue dated Monday, August 2, 1965. at thé end of each quarter and begins anew with the It contains transcripts of the’ President’s news confer­ following issue. Semiannual and annual indexes are ences, messages to Congress, public speeches, remarks published separately. and statements, and other Presidential material released by the White House up to 5 p.m. of each Friday. The Weekly Compilation of Presidential Documents is This weekly service includes an Index of Contents sold to the public on a subscription basis. The price preceding the text and a Cumulative Index to Prior of individual copies varies.

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/ 5 \ Published daily,' Tuesday through Saturday (no publication on Sundays, Mondays, or fedemiM register on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 V . » » Phone 963-3261 Archives and Records Service," General Services Administration (mail address National Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved 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. T h e F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or th e Code of F ederal R egulations. Contents agricultural stabilization FEDERAL AVIATION AGENCY FOOD AND DRUG AND CONSERVATION SERVICE Rules and Regulations ADMINISTRATION Rules and Regulations Airworthiness directives; Hughes Rules and Regulations Upland cotton, 1968 crop; acreage Model 269 Series helicopters— 5676 Food additives: allotments and m a r k e tin g Control zones; alteration (2 doc- Ethylene-acrylic acid copol­ quotas------5671 ments)______%------5677 ymers______5675 Standard instrument approach l,2-dihydro-2,2,4-trimethylquin- AGRICULTURE DEPARTMENT p r o c e d u r e s ; miscellaneous oline, polymerized______5675 See also Agricultural Stabilization amendments______— 5678 Slimicides______5674 Transition areas; designation and Notices and Conservation Service; Com­ alteration.______5677 modity Credit Corporation; Petitions regarding food additives Consumer and Marketing Serv­ Proposed Rule Making and pesticides: ice; Fédéral Crop Insurance Airworthiness standards; small Paint Specialties Co______5708 Corporation. airplanes capable of carrying Pennsalt Chemicals Corp_____ 5708 Notices more than 10 occupants____— 5698 Thompson-Hayward Chemical Packers and Stockyards Admin­ Transition area; proposed des­ Co______5709 istration; proposed transfer of ignation______5706 Union Carbide Corp______5709 functions and delegations of au­ Virginia Chemicals, Inc____ '__ 5709 thority, and establishment of FEDERAL COMMUNICATIONS GENERAL SERVICES new agency______- 5708 COMMISSION ADMINISTRATION ARMY DEPARTMENT Notices Rules and Regulations See Engineers Corps. Government-wide automated data Standard broadcast applications management services______5687 CIVIL AERONAUTICS BOARD ready and available for proc­ essing —------— 5710 HEALTH, EDUCATION, AND Notices Hearings, etc.: Bermuda Service Investigation; WELFARE DEPARTMENT order instituting investigation— 5709 Gamma Television Corp., et al— 5711 See Food and Drug Administra­ Radio Station KQXI (KQXD__ 5711 tion; Public Health Service. CIVIL SERVICE COMMISSION Sudbury, Jones T., and North­ HOUSING AND URBAN Rules and Regulations west Tennessee Broadcasting DEVELOPMENT DEPARTMENT Excepted service: Co., Inc______5712 Housing and Urban Develop- See Federal Housing Administra­ ment Department------5671 FEDERAL CROP INSURANCE tion. Interior Department------5671 CORPORATION INTERIOR DEPARTMENT COMMODITY CREDIT Notices See Fish and Wildlife Service; CORPORATION Land Management Bureau; Na­ Extension of closing date for fil­ tional Park Service. Rules and Regulations ing of applications for insur­ Cotton, upland; early delivery and ance for 1967 crop year: INTERSTATE COMMERCE acquisition of 1966 crop------='—_ 5671 Canning a n d freezing peas COMMISSION CONSUMER AND MARKETING (Minnesota and Wisconsin). 5708 Notices SERVICE Corn, grain sorghum, and soy­ Fourth section application for beans (Nebraska)------5708 relief______5719 Proposed Rule Making Oats (Iowa and Wisconsin)___ 5707 Motor carrier: Cotton research and promotion; Tobacco—type 13 (South Caro­ Temporary authority applica- proposed Cotton Board rules—, 5696 tions..______5719 Milk handling in certain market­ lina) ______5708 Transfer proceedings______5721 ing areas; Central West Texas______5696 FEDERAL HOUSING LABOR DEPARTMENT Eastern Colorado et al______5696 ADMINISTRATION See Wage and Hour Division. Kansas City et a h ______5695 Northeastern Ohio et a k ______5695 Rules and Regulations LAND MANAGEMENT BUREAU Washington, D.C. et al______5694 Rules and Regulations Raisins' produced from grapes Introduction; delegations of basic grown in California______5690 authority and functions------5681 Land tenure management; sales and exchanges ______5689 DEFENSE DEPARTMENT FEDERAL. POWER COMMISSION Notices See also Engineers Corps. Notices Arizona; proposed classification of public lands______5707 Rules and Régulations Hearings, etc.: Status of forces policies and in­ Gulf Corp______5712 NATIONAL PARK SERVICE formation.______5682 Lesh Co., et al______5713 Notices ENGINEERS CORPS FISH AND WILDLIFE SERVICE Cumberland Gap National His­ Rules and Régulations torical Park, Ky., Tenn., and Rules and Regulations Va.; proposed wilderness estab­ Lake Mead and Lake Mohave lishment; notice of hearing__ 5707 (Colorado River), Ariz., and Certain wildlife refuges in Idaho; Nev.; navigation régulations 5685 sport fishing— __ —______5689 (Continued on next page) 5669 5670 CONTENTS

POST OFFICE DEPARTMENT SECURITIES AND EXCHANGE SMALL BUSINESS Rules and Regulations COMMISSION ADMINISTRATION Metered stamps; setting meters Notices Rules and Regulations locally______5686 Lease guarantee______5672 Miscellaneous amendments to Hearings, etc.: chapter______5686 Colonial Equities______5714 WAGE AND HOUR DIVISION Metropolitan Edison Co______5715 Notices PUBLIC HEALTH SERVICE Second Fiduciary Exchange Fund, Inc., and Theodore T. Certificates authorizing employ­ Rules and Regulations M iller______5715 ment of full-time students working outside of school hours Grants for specialized service fa­ United Gas Corp., and UGC In­ at special minimum wages in re­ cilities; equipment; competi­ struments, Inc______5716 tail or service establishments tive bidding______5676 Virginia Mutual Fund, Inc____ 5717 or in agriculture______5717

List of CFR Parts Affected (Codification Guide) The .following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 5 CFR 1065 ______5696 14 CFR 1066 ______5696 213 (2 documents)__ 1______5671 1067 _ 5695 39------5676 1068 ______— 5695 71 (3 documents)______5677 7 CFR 1069 __ 5696 97------:------5678 722______56711070 __ 5695 P roposed R ules: 1427______5671 1071 ______5695 23 ------5698 P roposed R ules: 1073______5696 71—______5706 989______5690 1075 ___ J______5696 1001 ______5694 1076 ______5696 21 CFR 1078—______5695 121 (3 documents)______5674, 5675 1002 ______— ______5694 1079______5695 1003 ______5694 1090—______5695 24 CFR 1004 ______5694 1094—_____ 5694 1005 ______5695 200______5681 1008 ______5695 1096 ______.______^ 5694 1009 ______5695 1097 ______5695 1011______5695 1098 ______C_____ 5695 32 CFR 1099 ______^______5695 151______5682 1015 ______5694 1101 ______%____ 5695 1016 ______5694 1102 ______j.______5695 1031 ______5695 1103 ______5694 33 CFR 1032 ______5695 1104 ______5695 207______5685 1033 _: ______5695 1034 ______5695 1106______5695 1035 ______5695 1108___ I______5695 39 CFR 1036 ______— ______5695 1120______5695 122 ______^______5686 1038 ______5695 1125 ______5696 143______5686 1039 ______5695 1126 ______: ______5695 148 ______5686 1127 ------5695 149 J—______5686 1040—______5695 1128 (2 documents)______5695,5696 1041______5695 1129— ___ 5695 1043— ______5695 1130- ______5695 41 CFR 1044 ______5695 1131 _ 5696 101-32___ 1_____ 5687 1045 ______5695 1132 ______5695 1046 ______5695 1133-______5696 42 CFR 1047 ______5695 1134______5696 1048 ______5695 1136 _ 5696 54______1______—...... 5676 1049 ______5695 1137 ______S______5696 1050 ______5695 43 CFR 1051______5695 1138 ______5695 1060______5696 1205______5696 2240______:______5689 1062 ______5695 1063 ______5695 13 CFR 50 CFR 1064 ______5695 106— ______5672 33______1______5689

/ 5671 Rules and Regulations May 15-19, 1967, each inclusive, by mail Title 5— ADMINISTRATIVE Title 7— AGRICULTURE ballot in accordance with Part 717 of this chapter. Chapter VII— Agricultural Stabiliza- (d) Determination that referenda PERSONNEL • tion and Conservation Service (Ag­ cannot be held in conjunction with 1968 Chapter I— Civil Service Commission ricultural Adjustment), Department national marketing quota referendum. of Agriculture Under subsection (b) of section 344a of PART 213— EXCEPTED SERVICE the act the period for filing applications SUBCHAPTER B— FARM MARKETING QUOTAS for transfers of allotment is prescribed Department of the Interior AND ACREAGE ALLOTMENTS for each year as the period beginning Section 213.3312 is amended to show PART 722— COTTON June 1 and ending December 31. that in the Bureau of Mines the position Subpart— 1968 Crop of Upland Cot­ In order to permit owners and oper­ of Associate Director, Health and Safety, ators to utilize such period to the full­ is expected under Schedule C and that ton; Acreage Allotments and Mar- est extent, it is hereby found and deter­ the position of Assistant Director (Health . keting Quotas mined that it is impracticable to hold and Safety) is no longer excepted under the referenda under this section in con­ Schedule C. Effective on publication in R e f e r e n d a o n O u t - o f -C o u n t y T r a n s - ferslof A l l o t m e n t s b y S ale or L e a se junction with the 1968 national mar­ the F ederal R e g is t e r , paragraph (d) of keting quota referendum for upland cot­ §213.3312 is amended by revoking sub- Basis and purpose. Section 722.474 is ton under section 343 of the act which paragraph (3) and adding a new Sub- issued pursuant to the Agricultural Ad­ will be held after any proclamation of paragraph (8) as set out below. justment Act of 1938, as amended (52 national marketing quota for the 1968 § 213.3312 Department of the Interior. Stat. 31, as amended; 7 U.S.C. 1281 et crop of upland cotton is made. seq.). The purpose of § 722.474 is to * * * * * fix the period of time for holding ref­ (Secs. 344a, 375, 79 Stat. 1197, 52 Stat. 66, as (d) Bureau of Mines. * * * ^ erenda in designated counties on out- amended; 7 U.S.C. 1344b, 1375) (3) [Revoked] of-county transfers of upland cotton al­ Effective date; Date of publication in ***** lotments by sale or lease effective during the F ederal R e g is t e r . (8) One Associate Director, Health 1968 and 1969 under section 344a of the Signed at Washington, D.C., on April 3, and Safety. act. 1967. Notice of the proposed fixing of the ***** H. D. G o d f r e y , period of time for holding these ref­ Administrator, Agricultural Sta­ (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, erenda was published in the F ed e r a l 3 CFR, 1954-58 Comp., p. 218) bilization and Conservation R e g ist e r of March 3,1967 (32 F.R. 3714). Service. U n it e d S t a t e s C iv il S e r v ­ No submissions in response to such no­ [F.R. Doc. 67-3834; Filed, Apr. 6, 1967; ic e C o m m i s s i o n , tice were received. Since it is desirable 8 :4 7 a m .] [ sea l] J a m e s C . S p r y , that the period of time for holding these Executive Assistant to referenda be made known to farmers as the Commissioners. early as possible, it is hereby found and Chapter XIV— Commodity Credit Cor­ [F.R. Doc. 67-3841; Filed, Apr. 6, 1967; determined that compliance with the poration, Department of Agricul­ 8 :4 7 a.m .] 30-day effective date requirement of 5 U.S.C. 553 (80 Stat. 383) is impracticable ture and contrary to the public interest. Ac­ SUBCHAPTER B— LOANS, PURCHASES, AND PART 213— EXCEPTED SERVICE cordingly, § 722.474 shall be effective OTHER OPERATIONS upon publication in the F ederal [Cotton Loan Program Regs., Arndt. 4] Department of Housing and Urban R e g is t e r . Development § 722.474 Referenda on out-of-county PART 1427— COTTON Section 213.3384 is amended to show transfers of upland cotton allotment Subpart— Cotton Loan Program that the position of Special Assistant for by sale or lease. Regulations Labor Relations in the Office of the Sec­ (a) Designated counties. A referen­ retary is excepted under Schedule C. dum of producers of upland cotton of E a r l y D e l iv e r y and Acquisition o f 1966-Crop U pland L o a n Cotton Effective on publication in the F ederal the 1967 crop in designated counties is R eg ister , subparagraph (22) is added to required to be held under section 344a In order to provide for delivery of 1966- paragraph (a) of § 213.3384 as set out (b) (ii) of the act to determine whether crop upland loan cotton to Commodity below. such producers favor out-of-county Credit Corporation in satisfaction of the § 213.3384 Department of Housing and transfers of upland cotton allotments loans on such cotton prior to maturity, Urban Development. within the same State by sale or lease. paragraph (e) of § 1427.1368 of the Cot­ The counties listed in the notice of pro­ ton Loan Program Regulations issued by (a) Office of the Secretary. * * * posed fixing of the period of time for Commodity Credit Corporation (30 F.R. (22) (hie Special Assistant for Labor holding each county referendum (32 8096, 31 F.R. 4389 and 9791) is hereby Relations. F.R. 3714) are hereby designated as amended to read as follows: ***** counties in which these referenda shall § 1427.1368 Maturity. (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, be held. ♦ * * * * 3 CFR, 1954—58 Comp., p. 218) (b) Transfer years covered. The ref­ erenda held under this section cover (e) Producers h a v in g outstanding U n it e d S t a t e s C iv il S e r v ­ transfers of upland cotton allotments to loans on 1966-crop upland cotton may ic e C o m m i s s i o n , take effect during 4968 and 1969 by sale deliver such cotton to CCC in full satis­ [ sea l] J a m e s C . S p r y , or lease out of a county to another faction of the loans on such cotton at Executive Assistant to county in the same State. any time between March 17, 1967, and the Commissioners. (c) Period of time for holding ref­ the maturity date of the loans, July 31, IFH. Doc. 67-3840; Filed, Apr. 6, 1967; erenda. The referenda held under this 1967. Any producer desiring to make 8 :4 7 a .m .] section shall be held during the period delivery of the cotton securing any such

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5672 RULES AND REGULATIONS loan may do so by submitting a notice, a participation agreement with such com­ with respect to loans, including the authority in the form prescribed by CCC to the pany. The foregoing powers shall be sub­ to execute subleases, assignments of lease, county office which keeps the farm rec­ ject, however, to the following restrictions and new leases with any person, firm, organi­ and limitations: zation, or other entity, in order to aid in the ords for the farm on which the cotton (1) No guarantee shall be issued by the liquidation of obligations of the Administra­ was produced. Similarly, any cotton co­ Administration (i) if a guarantee meeting tion hereunder. operative marketing association which with the requirements of the applicant is has outstanding loans on 1967-crop up­ otherwise available on reasonable terms, and F und (ii) unless the Administration determines land cotton may deliver any such cotton Section 403(a). There is hereby established that there exists a reasonable expectation to CCC in full satisfaction of the amount a revolving fund for use by the Administra­ that the small business concern in behalf due with respect to such cotton at any tion in carrying out the provisions of this of which the guarantee is issued will perform title. Initial capital for such fund shall time between March 17, 1967, and July the covenants and conditions of the lease. consist of not to exceed $5 m illion transferred 31, 1967, by submission to the New Or­ (2) The Administration shall, to the great­ from the fund established under section 4(c) leans Office of a notice in the form pre­ est extent practicable, exercise the powers of the Small Business Act: P rovided, That conferred by this section in cooperation with scribed by CCC. Upon acceptance of the last sentence of such section 4(c) shall qualified surety or other companies on a such notices by CCC, full title to the loan not apply to any amounts so transferred. participation basis. cotton listed thereon shall vest in CCC in Into the fund established by this section (b) The Administration shall fix a uni­ satisfaction of the loans on such cotton: there shall be deposited all receipts from form annual fee for its share of any guaran­ the guarantee program authorized by this Provided, however, That with respect to tee under this section which shall be payable title. Moneys in such fund not needed for any cotton listed on any such notice as in advance at such time as may be prescribed the payment of current operating expenses to which there is a basis for a claim by by the Administrator. The amount of any or for the payment of claims arising under Commodity Credit Corporation against such fee shall be determined in accordance with sound actuarial practices and proce­ such program may be invested in bonds or the borrower under the terms of the loan other obligations of, or bonds or other obli­ dures, to the extent practicable, but in no agreement, the acceptance of such notice gations guaranteed as to principal and inter­ case shall such amount exceed, on the Ad­ shall not constitute a satisfaction of any est by the United States; except that moneys ministration’s share of any guarantee made provided as initial capital for such fund shall claims of Commodity Credit Corpora­ under this title, 2 y2 per centum per annum be returned to the fund established by sec­ tion against the borrower arising out of of the minimum annual guàranteed rental tion 4(c) of the Small Business Act, in such the loans on such cotton. payable under any guaranteed lease; pro­ amounts and at such times as the Adminis­ vided that the Administration shall fix the (Secs. 4, 5, 62 Stat. 1070, as amended: secs. tration determines to be appropriate, when­ lowest fee that experience under the pro­ 101, 103, 401, 63 Stat. 1051, as amended; 15 ever the level of the fund herein established U.S.C. 714 b and c; 7 U.S.C., 1441, 1444, 1421) gram established hereby has shown to be justified. The Administration may also fix is sufficiently high to permit the return of Signed at Washington, D.C., on April such uniform fees for the processing of appli­ such moneys without danger to the solvency of the program under this title. cations for guarantees under this section as 3, 1967. (b) Section 201 of such Act is amended by H. D. G o d f r e y , the Administrator determines are reasonable and necessary to pay the administrative ex­ striking out the third sentence and inserting Executive Vice President, in lieu thereof the following: penses that are incurred in connection there­ Commodity Credit Corporation. w ith . The powers conferred by this Act upon the [F.R. Doc. 67-3861; Filed, Apr. 6, 1967; (c) In connection with the guarantee of Administration and upon the Administrator, 8:4 9 a.m .] rentals under any lease pursuant to authority with the exception of those conferred by conferred by this section, the Administrator titles IV and V hereof, shall be exercised may require, in order to minimize the finan­ through the Small Business Investment Divi­ cial risk assumed under such guarantee— sion and through the Deputy Administrator (1) That the lessee pay an amount not to appointed hereunder. The powers conferred Title 13— BUSINESS CREDIT exceed one-fourth of the minimum guaran­ by this Act upon the Administration and teed annual rental required under the lease, upon the Administrator by titles IV and V which shall be held in escrow and shall be hereof shall be exercised through such divi­ AND ASSISTANCE available (i) to meet rental charges accruing sion, section, or other personnel as the Ad­ Chapter I— Small Business in any month for which the lessee is in de­ ministrator in his discretion shall determine. fault, or (ii) if no default occurs during the (c) The table of contents of such Act is Administration term of the lease, for application (with ac­ amended by inserting after the analysis of title III the following : PART 106— LEASE GUARANTEE crued interest) toward final payments of rental charges under the lease. T itle IV— Lease Guarantees General (2) That upon occurrence of a default Sec. under the lease, the lessor shall, as a condi­ Sec. 106.1 Statutory provisions. tion precedent to enforcing any claim under 401. Authority of the Administration. 106.2 Policy. the lease guarantee, utilize the entire period 402. Powers. 106.3 Definitions. for which there are funds available in escrow 403. F u n d . 106.4 Eligibility. for payment of rentals, in reasonably diligent 106.5 Procedures for lease guarantee appli­ efforts to eliminate or minimize losses, by (d) Section 4(c) of thè Small Business Act ca tio n s. releasing the commercial or industrial prop­ is amended— (1) by striking out “$1,716,000,- 106.6 Lease guarantees. erty covered by the lease to another qualified 000” and inserting in lieu thereof “$1,721,- 106.7 Lease guarantee administration. lessee, and no claim shall be made or paid 000,000”; and (2) by striking out the period under the guarantee until such effort has at the end of the fifth sentence and inserting Authority : The provisions of this Part 106 been made and such escrow funds have been in lieu thereof the following-: “Provided, issued under Title IV of the Small Business ex h a u sted . That such lim itation shall pot apply to func­ Investment Act of 1958, 72 Stat. 689 (1965). tions under the title IV thereof.” (3) That any guarantor of the lease will General become a successor of the lessor for the pur­ § 106.2 Policy. pose of collecting from a lessee in default § 106.1 Statutory provisions. rentals which are in arrears and with respect It is the intent of the Congress to Title IV—Lease guarantees. to which the lessor has received payment un­ strengthen the competitive free enter­ Authority of the Administration. der a guarantee made pursuant to this sec­ prise system by assisting certain quali­ Section 401(a). The Administration may, tio n , an d fied small business concerns to obtain whenever it determines such action to be (4) Such other provisions, not inconsistent leases of commercial and industrial prop­ necessary or desirable, and upon such terms with the purposes of this title, as the Ad­ erty, where stringent credit requirements and conditions as it may prescribe, guaran­ ministrator may in his discretion require. tend to exclude such concerns, by au­ tee the payment of rentals under leases of commercial and industrial property entered Powers thorizing the Small Business Adminis­ into by small business concerns that are (1) Section 402. W ithout lim iting the authority tration to guarantee, directly or in co­ eligible for loans under section 7(b)(3) of conferred upon the Administrator and the operation with others, the payment of tlie Small Business Act, or (2) eligible for Administration by § 201 of this Act, the rentals under such leases. loans under title IV of the Economic Oppor­ Administrator and the Administration shall § 106.3 Definitions. tunity Act of 1964, to enable such concerns have, in the performance of and with respect to obtain such leases. Any such guarantee to the functions, powers, and duties con­ For the purposes of this part: may be made or effected either directly or ferred by this title, all the authority and be (a) “Administrator” means the Ad­ in cooperation with any qualified surety subject to the same conditions prescribed ministrator of the Small Business company or other qualified company through in section 5(b) of the Small Business Act Administration.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5673 (b) “SBA” means the Small Business (b) Place of filing. Application shalltion fee shall be payable at the time of Administration. be made in the SBA field office serving the acceptance for processing of the ap­ (c) “Small business concern” means the area in which the applicant is lo­ plication for a lease guarantee. a business concern which would qualify cated if no participation or cooperation (d) Amount to be guaranteed: SBA as a small business under § 121.3-10 or of a qualified surety company or other may guarantee a portion of the rental § 121.3-11 of this chapter. qualified company is involved. If par­ payable under the lease when par­ (d) A “qualified surety company or ticipation or cooperation is available, the ticipating or cooperating with a qualified other qualified company” means a cor­ application may be submitted to such surety company or other qualified com­ poration authorized' under applicable qualified surety company or other quali­ pany or, if participation or cooperation State law which agrees to guarantee the fied company which, in turn, will execute is not available, SBA may guarantee the payment of the minimum rent provided the Application for Participation (Re­ full amount of the minimum rental pay­ for in a lease for commercial or indus- insurance) on the last page of SBA-FA able under the lease, or any portion tial property to a small business concern. Temporary Form 3 and transmit two thereof, as the Administrator may find (e) “Commercial or industrial prop­ copies of the application and supporting appropriate. erty” means any property, personal or materials to the SBA field office serving (e) Term of the lease guarantee: The real, to be leased and to be used by the the area in which the applicant is located. maximum term of the guarantee by SBA small business concern in the conduct may extend for the term of the lease be­ of its business. § 106.6 Lease guarantees. ing guaranteed or for 20 years, which­ (f) “Lessor” means the owner of the To insure participation or cooperation ever is the shorter term. The minimum right to occupancy and possession of the to thé greatest extent practicable of term of a lease eligible for guarantee by property leased which is the subject of qualified surety companies or other SBA shall be 5 years: Provided, however, the guarantee. qualified companies in guarantees of That any deviation from the maximum (g) “Lease” means the agreement be­ leases to small business concerns, the or minimum term of the lease guarantee tween the lessor and the small business SBA shall require that: may be approved by the Administrator. concern covering the use of property (a) An applicant to the SBA for a If application is made for guarantee of subject to the guarantee. guarantee certify that a guarantee meet­ three or more leases of premises in a pro­ (h) “Lessee” means the qualified small ing the requirements of the applicant is posed development, the application must business concern which by the terms of not available on reasonable terms from be accompanied by a feasibility study the lease uses the leased property sub­ qualified companies not participating provided by the applicant. ject to the guarantee. with SBA. (f) Reasonable expectation: No guar­ (i) “DBL” means a displaced business antee shall be issued unless the analysis loan under section 7(b) (3) of the Small (b) Any agreements to participate made by the use of the system of risk (reinsure) with a qualified surety com­ analysis developed by SBA or a similar Business Act, as amended. pany or other qualified company shall (j) “EOL” means an economic op­ system approved by SBA indicates that provide that the company shall be re­ there exists a reasonable expectation that portunity loan under Title IV of the Eco­ sponsible for paying all claims arising nomic Opportunity Act of 1964, as the small business concern in behalf of out of a guarantee covered by the agree­ which the guarantee is issued will per­ amended. ment up to an amount equal to 12 times (k) . “Vacant possession” means that form the covenants and conditions of the the monthly rent guaranteed and not less lease. the premises subject to the guarantee than 20 percent of any claim in excess have been vacated and restored to a con­ (g) Minimizing the risk: . of this amount unless a different per­ (1) In order to minimize the financial dition which will permit immediate centage of participation be approved by releasing. the Administrator. Any agreement for risk assumed under a lease guarantee (l) “Participation” means sharing the participation shall provide that the which SBA guarantees, either directly or responsibility for the payment of the premium and all other charges made by in cooperation or participation with a guaranteed rental between SBA and the company on account of gurantees qualified surety company or other quali­ qualified surety company or other quali­ covered by the agreement are not unrea­ fied company, the Administrator requires fied company. that: sonable. „ (i) Upon execution of the lease, the § 106.4 Eligibility. (c) Fees: lessee pay an amount not to exceed one- il) Guarantee fee. The fee for any quarter of the minimum guaranteed an­ In order to be eligible for guarantee of guarantee shall be due not later than the nual rental required under the lease, a lease, the lessee must be a small busi­ effective date of the lease guarantee and which amount shall be held by the Ad­ ness eligible for displaced business loan shall be paid in advance. The guarantee ministrator or, in the case of participa­ assistance under § 123.4(c) of this chap­ fee or premium that will be charged by tion, by the qualified surety company or ter or be eligible for economic opportu­ SBA on a lease that it guarantees exclu­ other qualified company, in an escrow in­ nity loans under Part 124 of this sively shall not exceed 2y> percent of the terest-bearing account and shall be avail­ chapter.1 aggregate of the minimum annual rental able (a) to meet the rental charges ac­ § 106.5 Procedure for lease guarantee payable in accordance with the provi­ cruing in any month in which the lessee applications. sions of the guaranteed lease. The Ad­ is in default; or (b) if no default occurs ministrator cannot participate in any during the term of the lease, for applica­ (a) Form of application. An applica­ guarantee for which the premium and tion (with interest accrued at the rate of 4 tion for a lease guarantee shall be made any other charges are unreasonable and percent per annum) toward payments of on SBA-PA Temporary Form 3 or on SBA’s fee on its share of any such par­ final rental charges under the lease. If, a similar form approved by SBA and ticipation shall not exceed 2% percent of prior to expiration, the lease term is shall include all pertinent information the aggregate of the minimum annual terminated by mutual consent of the required in supporting schedules and rental payable in accordance with the lessor and the lessee, the total funds forms. The application and supporting provisions of the guarantee lease. In held in escrow with accumulated interest material shall be submitted in duplicate the event of participation, a portion of shall be paid to the lessee upon written if the request is for a direct lèase guaran­ this premium shall be paid by the in­ notice to the escrowee, signed by both tee. If the lease guarantee is to be made surance company to SBA as a premium the lessor and the lessee, of the termina­ in participation or cooperation with a for the coinsurance provided by SBA. tion of the lease and payment by the qualified sûrety company or other quali­ The premium payable to SBA will be lessee of all rents due and payable in fied company, the application and sup­ determined by negotiation and shall de­ accordance with the guarantee to the porting material shall be in triplicate. pend upon the degree and extent of the date of termination of the lease. participation. (ii) Upon occurrence of a default 1 Copies of the regulations may be obtained (2) Application fee. In the case ofunder the lease: from the Small Business Administration, a participation, an application fee may (a) The lessor shall notify the guar­ Imperial Building, 1441 L Street NW., Wash­ be imposed upon the applicant lessee antor of a default within 30 days of such ington, D.C.20416. for the lease guarantee. The applica- default.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5674 RULES AND REGULATIONS (b) The lessor shall, as a condition (fir) The guarantor of the lease will ties against which the lessor and the precedent to enforcing any claim under become a successor to the lessor for the lessee are insured, and the guarantee the lease guarantee, utilize the entire purpose of collecting from the lessee in shall be terminated as of the date of period for which there are funds avail­ default rentals which are in arrears and vesting title in a condemnor or upon able In escrow for payment of rentals, in with respect to which the lessor has re­ final settlement of the total casualty loss. reasonably diligent efforts to eliminate or ceived payment under a guarantee made In case of condemnation of a minor por­ minimize losses by rerenting the com­ pursuant hereto and for the purpose of tion of the property and an award to the mercial or industrial property covered by collecting other damages which have lessor and the lessee, the amount of the the lease to another qualified lessee; and occurred. guaranteed rent shall be reduced by the no claim shall be made or paid under the (h) If either the lessor or the guar­ratio vPhich the award bears to the total guarantee unless such effort is shown to antor succeeds in finding a lessee who value of the property before taking. have been made and such escrow funds agrees to sublease from the guarantor, (vii) An agreement on the part of the have been exhausted. Default by the the lessor agrees to allow the guarantor lessor that any amount paid as rent to lessee shall forfeit the funds in escrow to assign or to sublease, at such rentals the lessor in excess of the minimum pe­ and, if any portion of the escrow funds and to any such lessee as are acceptable riodic rent specified in the lease (that is, remains unused after the rerenting of the to the guarantor, provided that no such any overages so called on account of a property and settlement has been agreed assignee or sublessee shall use the prem­ percentage of sales or other basis) shall upon, the remainder shall be paid to the ises for any purpose for which their use be deducted from the total rent guar­ lessor as liquidated damages in order to is prohibited by thé lease. Any such as­ anteed over the term of the lease; such restore or upgrade the demised property. signment or sublease, however, shall not deductions, however, will not have the (c) When the lessor expects to take terminate the obligation of the guar­ effect of reducing the minimum amount resort to the guarantee unless requested antor to make paymént to the lessor of payable periodically as provided in the by the guarantor within 5 days to delay, any rentals subsequently falling due lease, but shall in effect shorten the he will take prompt action to terminate under the terms of the lease. term over which the total rent to be paid the occupancy of the lessee and to secure (iii) If the lessee vacates or surren­ is guaranteed. vacant possession of the premises and to ders possession of the demised property (2) The Administrator may waive any make such repairs to the property as are to the lessor or to any other lessee, with of the requirements set forth in subpara­ necessary to restore it to its original con­ the consent of the lessor, then the guar­ graph (1) of this paragraph, upon a dition, ordinary wear and tear excepted. antee shall be terminated. The interest proper showing that such waiver will not impair the purposes of the guarantee. (d) If the lessor or the guarantor, of the lessee may not be assigned or transferred nor may the lessee enter into § 106.7 Lease guarantee administration. after notification of default, and either a sublease without the consent of the, before or after the running of the period lessor. If the lessor gives such consent (a) Direct guarantees. (1) All leases for which funds are available in escrow without first obtaining the approval of which are guaranteed directly by SBA for payment of rentals, succeeds in find­ the guarantor to the assignment or sub­ will be serviced by SBA Washington Of­ ing a lessee who agrees to enter into a lease, the guarantee shall be terminated. fice unless otherwise specified by the Ad­ new lease agreement with the lessor, of Upon requesting the consent of the ministrator. the property covered by the guaranteed guarantor, the lessor shall submit to the (2) SBA shall have the right to inspect lease, the lessor may, by giving prompt guarantor such information concerning the lessee’s premises and operations and notice to the guarantor, enter into such to examine and audit the lessee’s books agreement upon such terms and condi­ the proposed assignee or sublessee as may be required to be submitted by the and records at any time during the term tions as are acceptable to him, without original lessee of the guaranteed lease. of the lease guarantee. the consent of the guarantor, provided (b) Participation guarantees. Lease that the guarantee and the interest of the If the guarantor finds, upon examina­ tion of this and other information he guarantees which are made in participa­ guarantor in the premises shall termi­ tion or cooperation with a qualified nate on the date the lessor enters into may secure, that the risk to the guaran­ tor involved in the proposed assignment surety company or other qualified com­ any such agreement and no losses shall pany will be serviced by the qualified be accrued or claim be allowed for losses or sublease is not increased, he shall give consent; if he finds that the risk is in­ surety company or other qualified com­ sustained by the lessor after that date. pany with which SBA participates. If the lessor, with the consent of the creased, he shall " give consent only if guarantor, enters into a new lease with the lessor agrees to pay a premium con­ Effective date: March 31,1967. sonant with the increased risk. a qualified lessee subsequent to a default, R. C. Moot, a new premium must be paid, as in the (iv) No refund of premium will be Acting Administrator. initiation of a guarantee de novo. paid by the guarantor in settlement of any claim, and application for the guar­ [F .R . D oc. 67-3833; F iled , Apr. 6, 1967; (e) The lessor, before entering into an antee of any new lease negotiated by 8 :4 7 a m .] agreement with a new lessee, may notify either the lessor or the guarantor sub­ the guarantor of the terms of such a pro­ sequent to a default shall be accompanied posed agreement and of his wish to nego­ by the payment of a new premium, as in tiate a lump-sum settlement of his losses, the initiation of a guarantee de novo. Title 21— FOOD AND DROGS both accrued and prospective, under the (v) No claim will be paid for rent terms of the proposed agreement and, falling due after the escrow funds have Chapter I— Food and Drug Adminis­ upon arriving at agreement in such a been exhausted unless the lessor has tration, Department of Health, Edu­ negotiation between the guarantor and complied with the previously stated con­ cation, and Welfarp the lessor, the guarantee may be termi­ ditions or has presented evidence on the SUBCHAPTER B— FOOD AND FOOD PRODUCTS nated and final settlement of all claims basis of which the Administrator may arising out of the guarantee may be made find that the failure to conform to these PART 121— FOOD ADDITIVES by payment of the negotiated sum to the conditions was not the fault of the lessor by the guarantor. lessor, in which case the Administrator Subpart F— Food Additives Resulting (/) Upon filing a claim for guaranteed may extend the period for compliance From Contact With Containers or rent in default, the lessor shall give va­ and provide that the guaranteed rent Equipment and Food Additives cant possession to the guarantor as suc­ to be paid shall begin on the day when Otherwise Affecting Food cessor in possession to the lessee with the funds in escrow are exhausted. the right to rerent the premises to any (vi) An agreement shall be reached / S limicides other lessee and on such terms and con­ between the lessor and the lessee as to The Commissioner of Food and Drugs, ditions as are satisfactory to the guar­ the distribution of any award that may having evaluated the data in a petition antor. The lessor will further make be made to either party as a result of (FAP 6H2036) filed by Nalco Chemical reasonably diligent efforts to minimize condemnation of the entire property or Co., 6216 West 66th Place, Chicago, 111. losses by assisting the guarantor to re­ of a substantial portion of it by public 60638, and other relevant material, has rent the premises. authority or total destruction by casual­ concluded that the food additive regu-

FEDERAL REGISTER. VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5675 lations should be amended to provide for tion reporting that the substance induces acid copolymers as articles or compo­ the safe use of methylenebisthiocyanate cancer when ingested by test animals nents of articles for food-contact use. as a slimicide in the manufacture of and concludes that the food additive reg­ The Commissioner has further concluded paper and paperboard that contact food. ulations should be amended to delete pro­ that § 121.2514 should be amended by Therefore, pursuant to the provisions of vision for use of said substance as a deleting provision for use of ethylene- the Federal Food, Drug, and Cosmetic component of food-contact articles. acrylic acid copolymers as a component Act (sec. 409(c)(1), 72 Stat. 1786; 21 Therefore, pursuant to the provisions of resinous and polymeric food-contact U.S.C. 348(c)(1)) and under the au­ of the Federal Food, Drug, and Cosmetic coatings since § 121.2564, hereinafter set thority delegated to the Commissioner by Act (secs. 409(c) (3) (A), 701(a), 52 Stat. forth, provides for such use of the ad­ the Secretary of Health, Education, and 1055, 72 Stat. 1786, as amended 76 Stat. ditive, subject to acidified chloroform- Welfare (21 CFR 2.120), § 121.2505(c) is 785; 21 U.S.C. 348(c)(3)(A), 371(a)), soluble extractives limitations which amended by alphabetically inserting in and under the authority delegated to the (new information shows) are necessary the list of substances a new item-, as Commissioner by the Secretary of Health, to ensure safe use. - follows :.. Education, and Welfare (21 CFR 2.120), Therefore, pursuant to the provisions Part 121 is amended by deleting the item of the Federal Food, Drug, and Cosmetic § 121.2505 Slimicides. “1,2 - Dihydro - 2,2,4-trimethylquinoline, Act (sec. 409(c)(1), 72 Stat. 1786; 21 ***** polymerized” from the lists in: Para­ U.S.C. 348(c) (1)), and under the author­ (c) * * * graph (c) (5) of § 121.2520 Adhesives; ity delegated to the Commissioner by List of substances Limitations paragraph (a) (5) of § 121.2526 Compo­ the Secretary of Health, Education, and * * * * * * nents of paper and paperboard in con­ Welfare (21 CFR 2.120), Part 121 is tact* with aqueous and fatty foods; amended in the following respects: Methylenebisthiocyanate — ------paragraph (c) (4) (iii) of § 121.2562 Rub­ § 121.2514 [Amended] * * * * * * ber articles intended for repeated use; Any person who will be adversely af­ and paragraph (b) (2) of § 121.2571 Com­ 1. In § 121.2514 Resinous and poly­ fected by the foregoing order may at any ponents of paper and paperboard in con­ meric coatings, paragraph (b) (3) (xviii) time within 30 days from the date of its tact with dry food. is amended by deleting from the list of publication in the F ed e r a l R e g is t e r file Any person who will be adversely af­ substances the item “Ethylene-acrylic with the Hearing Clerk, Department Of fected by the foregoing order may at any acid copolymer containing * * Health, Education, and Welfare, Room time within 30 days from the date of its 2. The following new section is added 5440, 330 Independence Avenue SW., publication in the F ed e r a l R e g is t e r file to Subpart F: Washington, D.C. 20201, written objec­ with the Hearing Clerk, Department of § 121.2564 Ethylene-acrylic acid copoly­ tions thereto, preferably in quintupli­ Health, Education, and Welfare, Room mers. cate. Objections shall show wherein the 5440, 330 Independence Avenue SW., The ethylene-acrylic acid copolymers person filing will be adversely affected by Washington, D.C. 20201, written objec­ identified in paragraph (a) of this sec­ the order and specify with particularity tions thereto, preferably in quintupli- tion may be safely used as components the provisions of the order deemed ob­ cate. Objections shall show wherein the of articles intended for use in contact jectionable and the grounds for the ob­ person filing will be adversely affected with food subject to the provisions of jections. If a hearing is requested, the by the order and specify with particu­ this section. objections must state the issues for the larity the provisions of the order deemed (a) For the purpose of this section, hearing. A hearing will be granted if objectionable and the grounds for the ethylene-acrylic acid copolymers con­ the objections are supported by grounds objections. If a hearing is requested, sist of basic copolymers produced by the legally ' sufficient to justify the relief the objections must state the issues for copolymerization of ethlene and acrylic sought. Objections may be accompanied the hearing. A hearing will be granted acid such that the finished basic copoly­ by a memorandum or brief in support if the objections are supported by mers contain no more than 10 weight- thereof. grounds legally sufficient to justify the percent of total polymer units derived Effective date. This order shall be­ relief sought. Objections may be ac­ from acrylic acid. come effective on the date of its pub­ companied by a memorandum or brief (b) The finished food-contact article, lication in the F e d e r a l R e g is t e r . in support thereof. when extracted with the solvent or sol­ (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 Effective date. This order shall be­ vents characterizing the type of food and (c)(1) ) come effective on the date of its publica­ under the conditions of its intended use tion in the F ed e r a l R e g is t e r ., as determined from Tables 1 and 2 of Dated: March 30, 1967. (Secs. 409(c)(3)(A), 701(a), 52 Stat. 1055, § 121.2526(c), yields net acidified chloro­ J. K. Kirk, 72 Stat. 1786, as amended, 76 Stat. 785; 21 form-soluble extractives not to exceed Associate Commissioner U.S.C. 348(c) (3) (A ), 371(a) ) 0.5 milligram per square inch of food- for Compliance. contact surface when tested by the meth­ Dated: March 30,1967. [Pit. Doc. 67-3854; Filed, Apr. 6, 1967; ods prescribed in § 121.2582(c), except 8 :4 9 a.m .] J a m e s L. G o d d a r d , that net acidified chloroform-soluble ex­ Commissioner of Food and Drugs. tractives from paper and paperboard complying with § 121.2526 may be cor­ [F.R. Doc. 67-3852; Filed, Apr. 6, 1967; PART 121— FOOD ADDITIVES 8 :4 8 a.m .] rected for wax, petrolatum, and mineral oil as provided in § 121.2526(d) (5) (iii) Subpart F— Food Additives Resulting (b). If the finished food-contact article is itself the subject of a regulation in this From Contact With Containers or PART 121— FOOD ADDITIVES Equipment and Food A dditives Subpart F, it shall also comply with any Otherwise Affecting Food Subpart F— Food Additives Resulting specifications and limitations precribed for it by that regulation. (Note: In From Contact With Containers or 1,2 -Dm ydro-2 ,2 ,4-T rim ethylquinoline, testing the finished food-contact article, P olymerized Equipment and Food A dditives use a separate test sample for each ex­ Otherwise Affecting Food tracting solvent.) Sections 121.2520, 121.2526, 121.2562, (c) The provisions of this section are and 121.2571 of the food additive regu­ E t h y l e n e -A c r y l ic A c id C o p o l y m e r s not applicable to ethylene-acrylic acid lations provide for the use of 1,2-dihydro- The Commissioner of Food and Drugs, copolymers used in food-packaging ad­ 2,2,4-trimethylquinoline, polymerized, as having evaluated the data in a petition hesives complying with § 121.2520. a component of certain food-contact (FAP 6B1944) filed by The Dow Chemi­ Any person who will be adversely af­ articles under prescribed conditions of cal Co., Post Office Box 467, Midland, fected by the foregoing order may at any safe usage that preclude any significant Mich. 48640, and other relevant material, time within 30 days from the date of its migration of the substance to food. has concluded that the food additive reg­ publication in the F ederal R egister file The Commissioner of Food and Drugs ulations should be amended to provide with the Hearing Clerk, Department of has evaluated newly received informa- for additional use of ethylene-acrylic Health, Education, and Welfare, Room

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 No. 67------2 5676 RULES AND REGULATIONS

5440, 320 Independence Avenue SW., § 54.4 Terms and conditions. (Sec. 122, 77 Stat. 284; 133, 77 Stat. 287; 42 Washington, D.C. 20201, written objec­ ***** U.S.C. 2662, 2673; Rev. Stat. sec. 161, 5 U .S.C . 22) tions thereto, pref erably in quintuplicate. (c) That applicant will perform actual Objections shall show wherein the per­ Effective date: February 1, 1967. son filing will be adversely affected by construction work by the lump sum (fixed price) contract method; employ Dated: March 23, J.967. the order and specify with particularity adequate methods of obtaining competi­ the provisions of the order deemed ob­ tive bidding prior to awarding the con­ [ seal] William H. S tewart, jectionable and the grounds for the struction contract, either by public ad­ Surgeon General. objections. If a hearing is requested, the vertising or circularizing three or more Approved: March 31, 1967. objections must state the issues for the bidders, and award the contract to the hearing. A hearing will be granted if Wilbur J. Cohen, responsible bidder submitting the lowest Acting Secretary. the objections are supported by grounds acceptable bid; and will purchase all legally sufficient to justify the relief fixed equipment by adequate methods of [F.R. Doc. 67-3860; Filed, Apr. 6, 1967; sought. Objections may be accompanied competitive bidding (including such 8:4 9 a.m .] by a memorandum or brief in support fixed equipment as is not purchased thereof. through the construction contract) and Effective date. This order shall be­ award the contract to the responsible come effective on the date of its publica­ bidder submitting the lowest acceptable Title 14— AERONAUTICS AND tion in the F ederal R egister. bid, except that competitive bidding pro­ (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. cedures need not be employed for the SPACE 3 4 8 ( c ) ( 1 ) ) purchase of specific fixed equipment items which are not included in the con­ Chapter I— Federal Aviation Agency Dated: March 30,1967. struction contract whére such action is SUBCHAPTER C— AIRCRAFT J . K . K i r k , found by the Surgeon General, upon [Airworthiness Docket No. 67-WE-12-AD; Associate Commissioner written justification by the applicant, Arndt. 39-389] for Compliance. to be required by the needs of the pro­ gram. [F.R. Doc. 67-3853; Filed, Apr. 6, 1967; PART 39— AIRWORTHINESS 8:4 9 a.m .] * * * * . * DIRECTIVES 3. Paragraph (d) of § 54.101 is revised Hughes Model 269 Series to read as follows: Helicopters § 54.101 Definitions. Title 42— PUBLIC HEALTH There have been failures of the Huck * * * * 4c Chapter I— Public Health Service, De­ Bolts P/N SALP-T10-7 that attach the (d) “Equipment” includes those items main rotor drive shaft coupling to the partment of Health, Education, and which are necessary for the functioning ring gear carrier in the Main Rotor Gear Welfare of the facility, but does not include items Drive Assembly P/N 269A5175 of Hughes SUBCHAPTER D— GRANTS of current operating expense such as Model 269 Series helicopters. Such fail­ food, fuel, drugs, paper, printed forms, ures can result in total failure of the PART 54— GRANTS FOR SPECIALIZED and soap. Assembly. Since this condition is likely SERVICE FACILITIES * * * * * to exist or develop in other Hughes Model 269 Series helicopters equipped with Subpart A— Grants for Construction of 4. Paragraph (c) of § 54.112 is revised to read as follows: Huck Bolts P/N SALP-T10-7, an Air­ University Affiliated Facilities for worthiness Directive is being issued to the Mentally Retarded § 54.112 Assurances from applicant. require replacement of the Huck Bolts * * * * * with fasteners of a different type and to Subpart B— Grants for Construction of (c) That applicant will perform actualrequire an inspection of the Main Rotor Facilities for the Mentally Retarded construction work by the lump sum Gear Drive Assembly to detect damage (General) (fixed price) contract method; employ that may have resulted from operation of the helicopter with the Huck Bolts E quipment; Competitive B idding adequate methods of obtaining competi­ tive bidding prior to awarding the con­ installed. Notice of proposed rule making, public struction contract, either by public Since a situation exists that requires rule making procedures, and delay of advertising or circularizing three or more immediate adoption of this regulation, effective date have been omitted as un­ bidders, and award the contract to the it is found that notice and public proce­ necessary in the issuance of the follow­ responsible bidder submitting the lowest dure hereon are impracticable and good ing amendments to Subparts A and B cause exists for making this amendment of Part 54, which relate solely to grants acceptable bid; and will purchase all effective in less than 30 days. for construction of facilities for the fixed equipment by adequate methods of In consideration of the foregoing, and mentally retarded. These amendments competitive bidding (including such fixed pursuant to the authority delegated to relate to the definition of the term equipment as is not purchased through me by the Administrator (31 F.R. “equipment” and competitive bidding on the construction contract) and award 13697), *§ 39.13 of Part 39 of the Federal fixed equipment. the contract to the responsible bidder Aviation Regulations is amended by add­ 1. Paragraph (d) of § 54.1 is revised ing the following new Airworthiness to read as follows: submitting the lowest acceptable bid, ex­ Directive: cept that competitive bidding procedures § 54.1 Definitions. Hughes. Applies to Model 269A, 269A-1, * * * * * need not be employed for the purchase 269A-2, and 269B Series helicopters of specific fixed equipment items which equipped with Main Rotor Gear Drive (d) “Equipment” includes those itemsare not included in the construction con­ Assembly P/N 269A5175 bearing Serial which are necessary for the functioning Nos. 0001 to 1424 inclusive. of the facility, but does not include Items tract where such action is found by the Compliance required within the next 25 of current operating expense such as State agency and the Surgeon General, hours’ tim e in service, unless already accom­ food, fuel, drugs, paper, printed forms, upon written justification by the appli- " plished, for helicopters having a Main Rotor and soap. Gear Drive Assembly with 1,200 or more cant, to be required by the needs of the hours’ tim e in service on the effective date of 2. Paragraph (c) of § 54.4 is revised to program. t h is AD; or prior to th e a c c u m u la tio n o f 1,225 read as follows: ***** hours’ tim e in service, unless already accom-

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5677

plished, for helicopters having a Main Rotor • Because of the terminating of weather The portions “* * * within 2 miles Gear Drive Assembly with less than 1,200 reporting service between the hours 0000 each side of the Elizabeth City VOR 068° hours’ time in service on the effective date of and 0800 local time, it is necessary to radial, extending from the 5-mile radius this AD. alter the control zone by reducing the zone to 8 miles northeast of the To prevent malfunction of the Main Rotor Gear Drive Assembly P/N 269A5175 caused hours of operation to be effective from VOR * * *” and “* '* * within 2 miles by failure of the Huck Bolts P/N SALP-T10-7 0800 to 2400, local time, daily. each side of the Elizabeth City VOR 226° that attach the main rotor drive shaft Since this amendment lessens the radial, extending from the 5-mile radius coupling to the ring gear carrier, and to burden on the public, notice and public zone to 8 miles southwest of the detect damage that may have resulted from procedure hereon are unnecessary. VOR * * *” are deleted. operation of the helicopter with the Huck In consideration of the foregoing, Bolts installed, accomplish the following in (Sec. 307(a) of the Federal Aviation Act of Part 71 of the Federal Aviation Regula­ 1958; 49 U.S.C. 1348(a)) accordance with Hughes Service Information tions is amended, effective immediately, Notice No. N—29 or later PAA-approved re­ as hereinafter set forth. Issued in East Point; Ga., on March 28, vision unless otherwise specified herein: ■ 1967. (a) Remove Huck Bolts P/N SALP-T10-7 In § 71.171 (32 F.R. 2071) the Mobile, and Collars P/N 6LC-C10 from the Main Ala. (Brookley AFB), control zone (32 W. B. R ucker, Rotor Gear Drive Assembly P/N 269A5175. F.R. 2440) is amended to read: Acting Director, Southern Region. Visually inspect the resulting holes for de­ Mobile, Ala. (B rooklet APB) formity or other damage and check the [F.R. Doc. 67-3815; Piled, Apr. 6, 1967; vertical and horizontal diameters of the holes Within a 5-mile radius of Brookley AFB 8 :4 5 a.m .] by means of a hole gauge. Line ream all (latitude 30°37'39" N„ longitude 88°04'10" out-of-tolerance holes to correspond to the W .); within 2 miles each side of the Brookley tolerance specified for the holes. VORTAC 150° radial, extending from the 5- [Airspace Docket No. 67-SW -l ] (b) Replace Huck Bolts P/N SALP-T10-7 mile radius zone to 12 miles southeast of the and Collars P/N 6LC-C10, respectively, with VORTAC; within 2 miles each side of the PART 71— DESIGNATION OF FEDERAL Hi-Lok bolts P/Ns HL-20—PB-10-7, HL-20- Brookley VORTAC 140° radial, extending AIRWAYS, CONTROLLED AIRSPACE, PB-10—8, or HL-64-PB-10-7 and Collars P./N from the 5-mile radius zone to 4.5 miles HL-87-10. southeast of the VORTAC, effective from AND REPORTING POINTS (c) Inspect the Main Rotor Gear Drive 0800 to 2400 hours, local tim e, daily. Assembly P/N 269A5175 for defects specified Designation of Transition Area and in Hughes Service Information Notice No. (Sec. 307(a) of the Federal Aviation Act of Alteration of Transition Area N-29, or latef PAA-approved revision. If 1958; 49 U.S.C. 1348(a)) defects are observed, maintain the affected On February 4, 1967, a notice of pro­ part or parts in accordance with the Hughes Issued in East Paint, Ga., on March posed rule making was published in the Handbook of Maintenance Instructions ap­ 28,1967. F ederal R egister (32 F.R. 2453) stating plicable to the particular helicopter model W. B. R ucker, that the Federal Aviation Agency pro­ (including the Overhaul Addendum for the Acting Director, Southern Region. posed to designate a transition area at Main Rotor Gear Drive Assembly applicable [F.R. Doc. 67-3814; Piled, Apr. 6, 1967; to all helicopter models) or in accordance Batesville, Ark., and alter the Little Rock, 8:4 5 a.m .] with a method approved by the Chief, Air­ Ark., transition area. craft Engineering Division, PAA Western Interested persons were afforded an Region. opportunity to participate in the rule (d) Operators who have not kept records [Airspace Docket No. 67-SO-37] making through submission of com­ of hours’ time in service of individual Main ments. All comments received were Rotor Gear Drive Assemblies shall substitute pa rt 71 — DESIGNATION OF FEDERAL in lieu thereof hours’ time in service of the AIRWAYS, CONTROLLED AIRSPACE, favorable. helicopter. AND REPORTING POINTS In consideration of the foregoing, Part 71 of the Federal Aviation Regulations This amendment becomes effective Alteration of Control Zone is amended, effective 0001 e.s.t. June 22, upon publication in the F ederal R egister 1967, as hereinafter set forth. for all persons except those who are The purpose of this amendment to served in accordance with section 1005(c) Part 71 of the Federal Aviation Regula­ 1. In § 71.181 (32 F.R. 2148) the Bates­ of the Federal Aviation Act of 1958, as tions is to alter the Elizabeth City, N.C., ville, Ark., transition area is designated amended (49 U.S.C. 1485(c)), and upon control zone. to read: whom the amendment becomes effective The Elizabeth City control zone is de­ B atesville, Ark. immediately upon receipt. scribed in §71.171 (32 F.R. 2071 and That airspace extending upward from 700 (Secs. 313(a), 601, and 603 of the Federal 2440). feet above the surface within a 5-mile radius Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, Extensions to the control zone are de­ of the Batesville Municipal Airport (latitude and 1423) scribed as “* * * within 2 miles each 35°43'50'' N., longitude 91°38'25" W.), and within 2 miles each side of the 106° bearing Issued in Los Angeles, Calif., on March side of the Elizabeth City VOR 068° from the Batesville RBN (latitude 35°43'44" 28, 1967. radial, extending from the 5-mile radius N., longitude 91038,17'' W .), extending from Joseph H. T ippets, zone to 8 miles northeast of the the 5-mile radius area to 8 miles east of the Regional Director, VOR * * *” and “* * * within 2 miles RBN; and that airspace extending upward FAA Western Region. each side of the Elizabeth City VOR 226° from 1,200 feet above the surface within 8 radial, extending from the 5-mile radius miles north and 5 miles south of the 106° [PR. Doc. 67-3813; Piled, Apr. 6, 1967; zone to 8 miles southwest of the bearing, extending from the Batesville RBN 8 :4 5 a.m .} VOR * * to a point 12 miles east, and that airspace within 5 miles each side of the W alnut Ridge Because of the canceling of AL-617- VORTAC 236° radial, extending from the SUBCHAPTER E— AIRSPACE VOR-RWY-7 and AL-617-VOR-RWY- Walnut Ridge transition area to the Bates­ 25 Standard Instrument Approach Pro­ v ille R BN. [Airspace Docket No. 67-SO-321 cedures, it is necessary to alter the con­ 2. In § 71.181 (32 F.R. 2213) the Little PART 71— DESIGNATION OF FEDERAL trol zone by revoking the above described Rock, Ark., transition area is amended by AIRWAYS, CONTROLLED AIRSPACE, extensions. adding “and excluding the Batesville, AND REPORTING POINTS Since this amendment lessens the Ark., transition area.” burden on the public, notice and public procedure hereon are unnecessary. (Sec. 307(a) of the Federal Aviation Act of Alteration of Control Zone 1958; 49 U.S.C. 1348) The purpose of this amendment to In consideration of the foregoing, Part 71 of the Federal Aviation Regulations Issued in Fort Worth, Tex., on Part 71 of the Federal Aviation Regu­ March 3a, 1967. lations is to alter the Mobile, Ala. is amended, effective immediately, as (Brookley AFB), control zone. hereinafter set forth. A. L. Coulter, The Mobile (Brookley AFB) control In § 71.171 (32 F.R. 2071) the Eliza­ Acting Director, Southwest Region. zone is described in § 71.171 (32 F.R. beth City, N.C., control zone (32 F.R. [F.R. Doc. 67-3816; Filed, Apr. 6, 1967; 2071 and 2440). 2440) is amended as follows: 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5678 RULES AND REGULATIONS

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8057; Arndt. 530] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is repub­ lished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending the following low or medium frequency range procedures prescribed in § 97.11(a) to read: LFR Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

PROCEDURE CANCELED, EFFECTIVE 27 APR. 1967, OR UPON DECOMMISSIONING OF FACILITY. City, Presque Isle; State, Maine; Airport name, Presque Isle Municipal; Elev., 534'; Fac. Class., SMLZW; Ident., SPR; Procedure No. 1, Arndt. 1; Eff. date, 8 Apr. 61; Sup. Arndt. No. Orig.; Dated, 27 Aug. 60 2. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

Ashland N D B ...... 3000 T-dn . . 300-1 300-1 200-34 Ashland N D B ...______3000 C-d___ 700-1 700-1 700-134 C-n 700-1)4 700-1)4 700-1)4 S-<1n-2 700-1 700-1 700-1 A-dn. NA NA NA

Procedure turn E side of crs, 205° Outbnd, 025° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 1526'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of N D B , tnake left-climbing turn to 3000' on 205° bearing from ND B within 10 miles. N o tes: (1) Use Ironwood altimeter setting. When Ironwood altimeter setting not available, use Duluth altimeter setting. (2) Circling and straight-in celling minimums are raised 100' when using Duluth altimeter setting. MSA within 25 miles of facility: 000°-090°—2100'; 090°-180°—3000'; 180“-360°—2600'. City, Ashland; State, Wis.; Airport name, John F. Kennedy Memorial; Elev., 826'; Fac. Class., MHW; Ident., ASX; Procedure No. N D B (ADF) Runway 2, Arndt. Orig.; Eff. date, 27 Apr. 67

Liberty VHF Int______2500 300-1 300-1 200-)4 to JFK VOR, C-dn...... 700-1 700-2 700-2 R 269° and 043°. S-dn-4-...... 600-1 600-1 600-1 bearing to LG A-dn...... 800-2 800-2 800-2 LOM. LG LOM (final)...... •'...... Via LGA VOR, 1300 R 220°.% LGA YOR______LG LOM...... 2500

Radar available. Procedure turn S side of crs, 223° Outbnd, 043° Inbnd, 2500' S of Prospect Int within 10 miles of LG LOM.# Minimum altitude over facility on final approach crs, 1300'. Crs and distance, facility to airport, 043°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing LG LOM, climb to 4000' on LGA VOR R 045° to Stamford Int. Cross Scarsdale Int at 3000' or above. Hold N E , Stamford Int, 1-minute left turns, Inbnd crs, 225°. Air Carrier Note: Sliding scale not authorized. C aution: Unlighted obstructions in approach zone (Runway 4) protruding 40' above lights at beginning of approach lightlane decreasing to 10' above lights at 1100' from approach end of runway. . #Maintaln 2500' Inbnd on final approach crs until crossing Prospect Int. %LGA VOR, R 220° must be monitored on ADF approach until passing LG LOM. MSA within 25 miles of facility: 000°-090°—2600'; 090°-180°—1600'; 180°-270°—2600'; 270°-360°—2600'; City, New York; State, N.Y.; Airport name, La Guardia; Elev., 21'; Fac. Class., LOM; Ident;, LG; Procedure No. N D B (ADF) Runway 4, Arndt. 25; Eff. date, 29 Apr. 67; ■Sup. Arndt. No. ADF1, Arndt. 24; Dated, 24 Sept. 66

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7. 1967 RULES AND REGULATIONS 5679

A D F Standard instrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

' 2-engine or less Minimum More than From— Course and 2-englne, T o - 'distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

SPR RBn______2800 T-dn__ 300-1 300-1 200-^2 C-dn...... 600-1 600-1 600-1H S-dn-1#______600-1 600-1 600-1 • |§ A-dn______NA NA NA . Radar available. Procedure turn E side of crs, 190° Outbnd, 010° Inbnd, 2800' within 10 miles. Minimum altitude over facility on final approach crs, 1800'. Crs’and distance, facility to airport, 010°—3.2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.2 miles after passing SPR RBn, make left-climbing turn to 2800' direct SPR RBn. Hold S of SPR RBn, 010° Inbnd, 1-minute right turns. N otes: (1) Final approach from a holding pattern not authorized. Procedure turn required. (2) Use Loring altimeter setting. #Reduction not authorized. MSA within 25 miles of facility: 000°-090°—2500'; 090°-180°—3100'; 180°-270°—2700'; 270°-360°—2800'. City, Presque Isle; State, Maine; Airport name, Presque Isle Municipal; Elev., 534'; Fac. Class., MHW; Ident., SPR; Procedure No. N D B (ADF) Runway 1, Arndt. Orig.; Efl. date, 27 Apr. 67 or upon commissioning of facility. 3. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

T-dn*...... 300-1 300-1 300-1 C-d...... 900-1 900-1 900-1^ C-n...... 900-2 900-2 900-2 Minimums, with DME: c - d .....r n ____ 500-1 500-1 500-tyi C-n__...... 500-2 500-2 500-2

Procedure turn N side of crs, 267° Outbnd, 087° Inbnd, 2200' within 10 miles. Minimum altitude over facility on final approach crs, 2200' (I486' over 5-mile DME Fix). Crs and distance, facility to airport, 087°—7.8 miles. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.8 miles after passing MBS VOR. climb to 2600' on MBS, R 087° and proceed to Reese Int via MBS, R 087° and FN T , R 003°. Note: Use Saginaw altimeter setting. Caution: Two 779'towers near SE boundary of airport. MSA within 25 miles of facility: 000°-090°—2200'; 090°-180°—2700'; 180°-270°—2600'; 270o-360°—1900'. City, Bay City; State, Mich.; Airport name, James Clements Municipal; Elev., 685'; Fac. Class., L-BVORTAC; Ident., MBS; Procedure No. VOR-1, Amdt. Orig.- Eff date, 27 Apr. 67

T -d...... 300-1 300-1 200-14 C-d_ 600-1 600-1 600-114 S-d-32*...... 600-1 600-1 600-1 A -d#...... NA NA NA

Procedure turn N side of crs, 125° Outbnd, 305° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 1000'. Crs and distance, facility to airport, 305°—3.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.6 miles after passing VOR, make climbing right ton to 2000' and return to VO R, or when directed by ATC, climb to 2000' on Marianna, R 270° to Chipley Int, hold E. Notes: (1) Contact Dothan FSS on appropriate frequency and receive on MAI VOR frequency for obtaining or canceling IFR clearance. (2) Use Dothan FSS altimeter S elling. P *No reduction authorized. #No weather reporting facilities available. MSA within 26 miles of facility: 000°-090°—1500'; 090°-180°—1600'; 180°-270°—2100'; 270°-360°—2600'. City, Marianna; State, Fla.; Airport name, Marianna Municipal; Elev., 113'; Fac. Class., L-BVOR; Ident., MAI; Procedure No. VOR Runway 32, Amdt Orig • Eff date 27 Apr. 67 ~ , • ’

16-mile DME Fix (R 348°)...... 10-mile DME/Radar Fix or Central Direct. 1200 T-dn...... 300-1 300-1 200-H Int (final). C-dn...... 600-1 600-1 500-1H J 073°, MEM VO RTAC counterclockwise.. R 348°...... 15-mile DME Arc_ 2300 S-dn-n#...... 400-1 400-1 400-1 R 257°, MEM VO RTAC clockwise______R 348°...... 15-mile DME Arc.. 1800 A-dn___ :._____ 800-2 800-2 800-2

Radar available. Procedure turn W side of crs, 348° Outbnd, 168° Inbnd, 1800' within 10 miles of Central Int/Radar Fix or 10-mile DME. Minimum altitude over 10-mile DME/Radar Fix or Central Int on final approach crs, 1200'. Crs and distance 10-mile DME/Radar Fix or Central Int to airport, 168°—3.4 miles. . . I* visual contact not established upon descent to authorized landing minimums or ¿landing not accomplished within 3.4 miles after passing 10-mile DME/Radar Fix or cen­ tral Int, climb to 1900' on R 348°, proceed direct to MEM VO RTAC. Noté: TDZ-35, CL 35/17, VASI 27. ™0-Ji authorized, with operative high-intensity runway lights, except for 4-engine turbojets. MSA within 25 miles of facility: 000°-090°—2400'; 090°-180°—1700'; 180°-270°—1600'; 270°-360°—1800'. c%, Memphis; State, Tenn.; Airport name, Memphis Metropolitan; Elev., 331'; Fac. Class., H -B VO RTAC; Ident., MEM; Procedure No. VOR Runway 17, Amdt. 3; Eff. date. 29 Apr. 67; Sup. Amdt. No. VOR Runway 17, Amdt. 2; Dated, 4 Feb. 67

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5680 RULES AND REGULATIONS

VOR Standard Instrum ent Approach Procedure— C o n tin u e d

Transition Ceiling and visibility minimums

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

IN D VOR. . ______Terry DME/Radar Fix (final)...... — Direct______2400 T-dn...... 300-1 300-1 C-dn...... 500-1 500-1 . 500-14* S-dn-1...... 500-1 500-1 500-1 A-dn__¿...... N A . NA NA

Radar available. Procedure turn not authorized. Final approach crs, 022°. Minimum altitude over Terry D ME/Radar Fix on final approach crs, 2400'. Crs and distance, Terry DME/Radar Fix to airport, 022°—4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4 miles after passing Terry DME/Radar Fix, make climbing left turn to 2400' and proceed direct to IN D VOR. N otes: (1) Use Indianapolis altimeter setting. (2) DME or radar required. MSA within 25 miles of facility: 000°-180°—2900'; 180o-360°—2300'. City, Zionsville; State, Ind.; Airport name, Terry Memorial; Elev., 920'; Fac. Class., H-BVORTAC; Ident., IND ; Procedure No. VOR Runway 1, Arndt. Orig.; Eff. date. 27 Apr. 67 4. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard instrument Approach P rocedure

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

Transition Ceiling and visibility minimums

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

Direct...... 2500 T-dn______300-1 300-1 200-44 LGA VOR 2590 700-1 700-2 700-2 Liberty VHF Int...... Int SW crs, LGA ILS and JFK, R 269°. Via Radar vec- 2500 S-dn-4______400-44 400-44 400-44 tors to JFK, A-dn...... 700-2 700-2 700-2 R 269°. With glide slope inoperative: Int SW crs, LGA ILS and JFK, R 269°___ Prospect Int (final)______Direct...... /2500 S-dn-4*______600-1 600-1 600-1

Radar available. Procedure turn S side SW crs, 223° Outbnd, 043° Inbnd, 2500' S of Prospect Int but within 10 miles of LOM. Minimum altitude at glide slope interception Inbnd, 2500' at Prospect Int. Altitude of glide slope and distance to approach end of runway at OM, 1325'—3.9 miles; at MM, 290'—0.7 mile. If visual contact not established upon descent to authorised landing minimums or if landing not accomplished within 3.9 miles after passing OM, climb to 4000' on LGA VO R, R 045° to Stamford VHF Int, cross Scarsdale VHF Int at 3000' or above. Hold N E , Stamford Int, 1-minute left turns, Inbnd crs, 225°. N ote: Back crs unusable. C aution: Unlighted obstructions in approach zone (Runway 4) protruding 40' above lights at beginning of approach lightlane decreasing to 10' above lights at 1100' from approach end of runway. ‘Sliding scale not authorized. MSA within 25 miles of facility: 000°-090°—2600'; 090°-180°—1600'; 180°-270°—2600'; 270°-360°—2600'. City, New York; State/N .Y .; Airport name, La Guardia; Elev., 21'; Fac. Class., ILS; Ident., I-LGA; Procedure No. ILS Runway 4, Arndt. 23; Eff. date, 29 Apr. 67; Sup. . • Arndt. No. ILS-4, Arndt. 22; Dated, 27 Mar. 65

LOM...... Direct...... 2200 T-dn*...... 300-1 300-1 200-43 LOM...... Direct...... 2200 C-dn______400-1 500-1 500-1)3 LOM...... —;_____ Direct____ .T-l— 2200 S-dn-3#...... 200-43 200-43 200-43 LOM (final)...... ,...... Direct...... ¿T-. 2100 A-dn______600-2 600-2 600—2 ■ Radar available. Procedure turn E side of SW crs, 212° Outbnd, 032° Inbnd, 2200' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2100'. Altitude of glide slope and distance to approach end of runway at OM, 2050'—3.9 mile?; at MM, 1000'—0.6 mile: If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, turn left, climb direct to SAT VOR, continue climbing to 3300' on R 353° within 20 miles of SAT VOR, or when directed by ATC, turn right and climb to 3000' on R 158° within 20 miles of SAT VOR, or climb to 3000' on NE crs of SAT ILS within 20 miles of SA LOM. . #400-44 required when glide slope not utilized. *RVR 2400' authorized Runway 3. City, San Antonio; State, Tex.; Airport name, San Antonio International; Elev., 808'; Fac. Class., ILS; Ident., I-SAT; Procedure No. ILS Runway 3, Arndt. Orig.; Eff. date, 29 Apr. 67

SAT V O R ______Wetmore In t.______Via R 143°—4.8 2500 T-dn______300-1 300-1 200-43 miles. C-dn...... 400-1 500-1 500-143 1800 S-dn-21**...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn W side of NE crs, 032° Outbnd, 212° Inbnd, 2500' within 10 miles of Wetmore Int. Minimum altitude over Wetmore Int on final approach crs, 1800'.# Crs and distance, Wetmore Int to Runway 21, 212°—2.8 miles. . . . fn If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.8 miles after passing Wetmore Int, turn left, cumo 3000' on R 158° within 20 miles of SAT VOR, or when directed by ATC, turn right, climb direct to SAT VOR, continue climbing to 3300' on R 353° within 20 miles of s a x VOR. N ote: N o glide slope. No outer marker. > # Maintain 2500' until SW of Bracken Int on final approach. ** 400-44 authorized with operative high-intensity runway lights, except for 4-engine turbojets. City, San Antonio: State, Tex.; Airport name, San Antonio International; Elev., 808'; Fac. Class., ILS; Ident., I-SAT; Procedure No. LOC (BC) Runway 21, Amdt. Orig.t Eff. date, 29 Apr. 67

FEDERAL REGISTER, VOL. 32, NO. 67—-FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5681

5. By amending the following radar procedures prescribed in § 97.19 to read: Radar Standard Instrument Approach Procedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab­ lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

'Transition Ceiling and visibility minimums

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

1 1 Precision approach T-dn-14/32...... 300-1 300-1 200-% C-dn-Ail...... 600-1 600-1 600-1% S-dn-14/32...... 300-% 300-% 300-% A-dn-All...... 600-2 600-2 600-2

No terminal area maneuvering altitudes. Radar transitions and vectoring utilizing McChord RAPCON Radar. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 14—turn left, climb to 2000' direct to GRF RBn, Bunway 32—climb to 2000' direct to GRF RBn. Alternate missed approach: All runways—Climb to 3000' on crs, 270° to intercept R 020° OLM VOR, thence to OLM VOR. N ote: Authorized for military use only except by prior arrangement. City Fort Lewis; State, Wash.; Airport name, Gray AAF; Elev., 301'; Fac. Class., Ident., Gray AAF Radar (PAP) and McChord RAPCON Radar (ASR); Procedure No. 1. Amdt. 6; Eff. date, 29 Apr. 67; Sup. Arndt. No. 1, Amdt. 6; Dated, 31 Oct. 64 These procedures shall become effective on the dates specified therein. "" (Secs. 307(c), 313(a), 601, Federal Aviaton Act of 1958; 49 Ü.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) _ Issued in Washington, D.C., on March 22,1967. J a m e s P . R u d o l p h , Acting Director, Flight Standards Service. [F.R. Doc. 67-3479; Filed, Apr. 6, 1967; 8:45 a.m.]

§ 200.57 Assistant Commissioner for in multifamily housing; mortgages for Title 24— HOUSING AND HOUSING Multifamily Housing and Deputy. the construction and equipment of facili­ * * * * * ties for the group practice of medicine; (b) To develop and recommend poli­ for urban renewal housing rehabilitation CREDIT loans; and for the administration of the Chapter II— Federal Housing Admin­ cies and establish operating plans and procedures for the insurance and serv­ rent supplement program. istration, Department of Housing icing of multifamily housing mortgages; (b) To provide technical advice and and Urban Development including rental housing, cooperative guidance to consumer groups concerning the organization, financing, and manage­ SUBCHAPTER A— GENERAL and condominium housing, housing for the elderly, and nursing homes; equity ment of cooperative housing projects. PART 200— INTRODUCTION investments in multifamily' housing; In Part 200 new §§ 200.58a, 200.58b, mortgages for the construction and 200.58c, 200.58d, and 200.58e are added . Subpart D— Delegations of Basic equipment of group medical facilities; to read as follows: Authority and Functions for urban renewal housing rehabilitation loans; and for the administration of the § 200.58a Chief of the Rental Housing A s s is t a n t C ommissioner f o r M u l t i ­ rent supplement program. Branch. f a m i l y H o u s in g e t a l . (c) To be responsible for the coordi­ To the position of Chief of the Rental In Part 200 in the Table of Contents nation and general supervision of the Housing Branch there is delegated the § 200.60 is deleted, new § § 200.58a, Project Mortgage Insurance Division, authority to develop and recommend 200.58b, 200.58c, 200.58d, and 200.58e are and the Special^ Assistants for Coopera­ policies and establish operating plans and added, and pertinent section headings tive Housing and Nursing Homes. procedures for the insurance of all multi­ are amended as follows: * * * * * family housing project mortgages under Sec. V Section 200.58 is amended to read as sections 207 and 220, title Vin, and the 200.58 Director of the Project Mortgage follows: insurance of equity investments in mul­ Insurance Division and Deputy. tifamily housing under title VII. 200.58a Chief of the Rental Housing Branch. § 200.58 Director of the Project Mort­ 200.58b Chief of the Cooperative and Con­ gage Insurance Division and Deputy. § 200.58b Chief of the Cooperative and dominium Branch. Condominium Branch. 200.58c Chief of the Low and Moderate In­ To the position of Director of the Proj­ come Housing Branch. ect Mortgage Insurance Division and To the position of Chief of the Co­ 200.58d Chief of the Elderly, Nursing Homes, under his general supervision to the po­ operative and Condominium Branch and Medical Facilities Branch. . sition of Deputy Director of the Project there is delegated the following basic 200.58e Chief of the Rent Supplement Mortgage Insurance Division there is authority and functions: B ra n ch . delegated the following basic authority (a) To develop and recommend poli­ 200.59 Director of the Project Mortgage and functions: cies, procedures, requirements, and meth­ Servicing Division and Deputy. (a) To develop and recommend poli­ods of operation for the insurance of 200.60 [Deleted] cooperative housing mortgages and con- 200.73 Director, Audit Division and Deputy. cies and establish operating plans and 200.102 Assistant Commissioners, General procedures for the insurance of multi­ dominum mortgages. Counsel, and Director, Audit family housing mortgages, including (b) To provide technical advice and D iv isio n . rental housing, cooperative and condo­ guidance to consumer groups concerning In § 200.57 paragraphs (b) and (c) are minium housing, housing for the elderly, the organization, financing, and manage­ amended to read as follows: and nursing homes; equity investments ment of cooperative housing projects.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5682 RULES AND REGULATIONS

§ 200.58c Chief of the Low and Moder­ In Part 200 § 200.60 is revoked as Sec. ate Income Housing Branch. follows: 151.6 Resolution of ratification, with reser­ vations, as agreed to by the Senate To the position of Chief of the Low § 200.60 Director of the Cooperative on July 15,1953. and Moderate Income Housing Branch Housing Division and Deputy. [Re­ 151.7 Fair trial guarantees. there is delegated the following basic voked] ' Au t h o r it y : The provisions of this Part authority and functions : ^ In § 200.73 the heading and the intro­ 151 issued under sec. 133, 76 Stat. 517, 10 (a) To develop and recommend poli­ ductory text are amended to read as fol­ U.S.C. 133. cies and establish operating plans and lows: procedures for the insurance of mort­ § 151.1 Purpose. gages under section 221. § 200.73 Director, Audit Division and The purpose of this part is to restate (b) To be responsible for the alloca­ Deputy. Department of Defense policy respect­ tion of funds under the below-market To the position of Director, Audit Di­ ing trial by foreign courts and treatment interest rate program. vision, and under his general supervision in foreign prisons of U.S. military per­ to the position of Deputy Director, Audit sonnel, nationals Of the United States § 200.58d Chief of the Elderly, Nursing serving with, employed by, or accom­ Homes, and Medical Facilities Division, there is delegated the follow­ Branch. ing basic authority and functions: panying the armed forces, and the de­ * * * * * pendents of both (hereinafter referred to To the position of Chief of the Elderly, collectively as U.S. personnel), and to Nursing Homes, and Medical Facilities In § 200.77 a new paragraph (z) is provide for uniform reporting. It is in­ Branch there is delegated the authority added as follows: tended that implementing directives and to develop and recommend policies, pro­ § 200.77 Assistant Commissioner-Comp­ regulations of each of the Services shall cedures, requirements, and methods of troller and Deputy. be as nearly identical as circumstances operation for the insurance of mortgages * * * * 4* permit. for elderly housing, nursing homes, and for the construction and equipment of (z) To approve the sale and terms of § 151.2 Policy. facilities for the group practice of sale of mortgages taken as security in It is the policy of the Department of medicine. connection with the sale of property ac­ Defense to protect, to the maximum ex­ quired in connection with Federal Hous­ tent possible, the rights of U.S. personnel § 200.58e Chief of the Rent Supple­ ing Administration insurance claims. ment Branch. who may be subject to criminal trial by In § 200.102 the heading and introduc­ foreign courts and imprisonment in To the position of Chief of the Rent tory text are amended to read as follows: foreign prisons. Supplement Branch there is delegated § 200.102 Assistant Commissioners', § 151.3 Procedures. the following basic authority and General Counsel, and Director, Audit functions : Division. (a) Application of Senate Resolution (a) To develop and recommend poli­ on Status of Forces. It is intended to cies and establish operating plans and To the position of Assistant Commis­ provide herein, inter alia, for the imple­ procedures for the administration of the sioner, and to each of them, to the posi­ mentation of the Senate Resolution rent supplement program, including, but tion of General Counsel, and to the posi­ accompanying the Senate’s consent to not limited to : tion of Director, Audit Division, in addi­ ratification of the Status of Forces (1) The reservation of contract au­ tion to the authority granted under the Agreement ( § 1 5 1 . 6 ) . Although the Sen­ thority. provisions of section 204(g) of the Na­ ate Resolution applies only in countries (2) The negotiation of rent supple­ tional Housing Act, there is delegated the where the NATO Status of Forces Agree­ ment contracts. following duties and functions: ment is currently in effect, the same pro­ (3) Tenant eligibility requirements. ’ * * * 4s 4s cedures for safeguarding the interests of (b) To direct and control the res­ (Sec. 2, 48 Stat. 1246, as amended; sec. 211, U.S. personnel subject to foreign juris­ ervation of rent supplement contract 52 Stat. 23, as amended; sec. 607, 55 Stat. diction will be applied insofar as prac­ authority. 61, as amended; sec. 712, 62 Stat. 1281, as ticable in all oversea areas where U.S. amended; sec. 907, 65 Stat. 301, as amended; forces are regularly stationed. Section 200.59 is amended to read as sec. 807, 69 Stat. 651, as amended; 12 U.S.C. follows: (b) Orientation of personnel. The 1703, 1715b, 1742, 1747k, 1748f, 1750f) Services shall issue uniform regulations § 200.59 Director of the Project Mort­ Issued at Washington, D.C., April 3, establishing an information and educa­ gage Servicing Division and Deputy. 1967. tion policy for personnel assigned to To the position of Director of tl e Proj­ P h i l i p N . B r o w n s t e in , foreign areas as to the laws and customs ect Mortgage Servicing Division and Federal Housing Commissioner. of the host country. under his general supervision to the posi­ [F.R. Doc. 67-3821; Filed. Apr. 6, 1967; (c) Designated commanding officer. tion of Deputy Director of the Project 8 :4 5 a.m .] Formal invocation of the Senate Reso­ Mortgage Servicing Division there is del­ lution procedure shall be the responsi­ egated the following basic authority and bility of a single military commander in functions: each foreign country in which U.S. mili­ (a) To direct all project mortgage tary forces are regularly stationed (at­ servicing operations. Title 32— NATIONAL DEFENSE tache personnel and other military per­ (b) To develop and recommend poli­ Chapter I— Office of the Secretary of sonnel serving under the direction of a cies and establish operating plans and chief of a diplomatic mission will not be procedures for the servicing of project Defense considered U.S. military forces for this mortgages. SUBCHAPTER C— REGULATIONS PERTAINING purpose), i.e., (c) To approve the modification in the TO MILITARY JUSTICE (1) In the geographical areas for terms of and authorize the foreclosure which a unified command exists, the of insured mortgages and mortgages as­ FART 151— STATUS OF FORCES commander thereof will designate within signed to the Commissioner in exchange POLICIES AND INFORMATION each country, the “Commanding Officer” for debentures. The Deputy Secretary of Defense ap­ referred to in the Senate Resolution. (d) To exercise the authority of the proved the following: (2) In other areas for which a uni­ Commissioner as holder of the preferred fied command does not exist, a com­ stock in any corporation or under any Sec. manding officer in each country shall be 151.1 Purpose. nominated by the military departments regulatory agreement or other agreement 151.2 Policy. made for the purpose of controlling or 151.3 Procedures. whose recommendations shall be for­ regulating a housing project on which 151.4 Reports on the exercise of foreign warded by the Judge Advocate General there is a mortgage held or insured by criminal jurisdiction. of the Army to the Secretary of Defense, the Commissioner. 151.5 Effective date and implementation. for implementation through the Office of

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5683 the Assistant Secretary of Defense (In­ each case is to see that U.S. military per­ a formal report. These reports need not ternational Security Affairs). In desig­ sonnel obtain a fair trial in the receiving be classified, but shall be treated as doc­ nating the commanding officer to act for state under all the circumstances. uments “For Official Use Only,” and shall all the military departments, considera­ CD Request to foreign authorities not be forwarded intact to the designated tion should be given to the availability of to exercise their criminal jurisdiction commanding officer through such agen­ legal officers and readiness of access to over civilians and dependents. The fol­ cies as the designated commanding offi­ the seat of the foreign government. lowing procedures shall be observed when cer may prescribe, for transmission to the Such an officer may also be appointed by it appears that foreign authorities may Judge Advocate General of the accused’s the military departments for countries assume criminal jurisdiction over de­ service with the comments, if any, of the where no military forces are regularly pendents of U.S. military personnel, appropriate Service commander. These stationed. civilian personnel and their dependents: reports will be forwarded immediately (d) Country law studies. For each (1) In all cases where the local com­ upon the completion of the trial in the foreign country in which U.S. military mander determines after a careful con­ lower court, and will not be delayed be­ forces are subject to the criminal juris­ sideration of all the circumstances that cause of the possibility of a new trial, re­ diction of foreign authorities, the desig­ he can take suitable corrective action hearing, or appeal, reports of which will nated commanding officer for such under existing administrative regula­ be -forwarded in the same manner. country shall make and maintain a cur­ tions, he may request the local foreign Copies shall also be forwarded to the rent study of the laws and legal pro­ authorities to refrain from exercising unified commander, if any, and to the cedures in effect. Studies of the laws of their criminal jurisdiction. Chief of Diplomatic Mission. other countries shall be made as di­ (2) In cases where it appears possible (3) The Trial Observer Report shall rected. This study shall be a general that release of jurisdiction will not be contain a factual description or summary examination of the substantive and pro­ obtained and that the accused may not of the trial proceedings. It should be cedural criminal law of the foreign obtain a fair trail, the commander exer­ prepared keeping in mind that its main country, and shall contain a comparison cising general court-martial jurisdiction purpose is to permit an informed judg­ thereof with the procedural safeguards over the command in which such per­ ment to be made regarding (i) whether of a fair trial in the State courts of the sonnel are located will communicate di­ there was any failure to comply with the United States. Copies of these studies rectly with the designated commanding procedural safeguards secured by a should be forwarded to each of the Judge officer, reporting the full facts of the case pertinent status of forces agreement, and Advocates General of the Services. and supplying his recommendation. (ii) whether the accused received a fair Principal emphasis is to be placed on (3) The designated commanding offi­ trial under all the circumstances. The those safeguards which are of such a cer will then determine, in the light of report shall specify the conclusions of the fundamental nature as to be guaranteed legal procedures in effect in that country, Trial Observer with respect to subdivi­ by the Constitution of the United States whether there is danger that the accused sion (i) of this subparagraph, and shall in all criminal trials in State courts of will not receive a fair trial. state in detail the basis for his conclu­ the United States. (See § 151.7 for enu­ (4) If he determines that there is such sions. Unless the designated command­ meration of safeguards deemed particu­ danger, he will then decide, after con­ ing officer directs otherwise, the report larly important.) These country law sultation with the Chief of the Diplo­ shall not contain conclusions with re­ studies shall be subject to a continuing matic Mission, whether a request should spect to subdivision (ii) of this subpara­ review, and whenever in any country be submitted through diplomatic^ chan­ graph. there is a significant change in its crimi­ nels to foreign authorities seeking their (4) The designated commanding of­ nal law, the change shall be forwarded assurances of a fair trial for the accused ficer, upon receipt of a Trial Observer by the designated commanding officer to or, in appropriate circumstances, that Report, shall have the responsibility for each of the Service Judge Advocates they forego their right to exercise juris­ determining (i) whether there was any General.' diction over the accused. If he so de­ failure to comply with the procedural (e) Waivers of local jurisdiction— cides, he shall submit his recommenda­ safeguards secured by the pertinent sta­ military personnel. (1) In cases where tion through the unified commander, if tus of forces agreement, and (ii) whether it appears probable that (i> release of any, and the Judge Advocate General the accused received a fair trial under all jurisdiction over U.S. military personnel of the Service concerned to the Office of the circumstances. Due regard should will not be obtained and (ii) that the the Secretary of Defense. be had to those fair trial rights listed in accused may not obtain a fair trial, the (g) Trial observers and trial observer§ 151.7 which are relevant to the par­ commander exercising general court- reports. (1) The designated command­ ticular facts and circumstances of the martial jurisdiction over the accused will ing officer shall submit to the Chief of trial in question. However, a trial shall communicate directly with the desig­ Diplomatic Mission a list of persons not be deemed unfair for the sole reason nated commanding officer, reporting the qualified to serve as U.S, observers at that the conduct thereof was not identi­ full facts of the case and supplying his trials before courts of the receiving state. cal with trials held in the United States. recommendation. Nominees will be lawyers, and shall be If the designated commanding officer is (2) T h e designated . commanding selected for maturity of judgment. The of the opinion that the procedural safe­ officer will determine, in the light of legal list will include, where possible, repre­ guards specified in pertinent agreements procedures in effect in that country, sentatives of all Services whose per­ were denied or that the trial was other­ whether there is danger that the accused sonnel are stationed in that country, to wise unjust, he shall submit to the Office will not receive a fair trial. A trial shall enable the Chief of Diplomatic Mission of the Secretary of Defense, through the not be deemed unfair solely for the rea­ to appoint an observer from the same unified commander and the Judge Advo­ son that it may not be identical with Service as the accused. The require­ cate General of the Service concerned, trials held in the United States. Due re­ ment that nominees will be lawyers may his recommendations as to appropriate gard, however, should be had to those be waived in cases of minor offenses. In­ action to rectify the trial deficiencies and U.S. trial rights listed in § 151.7 which cidents which result in serious personal otherwise to protect the rights or inter­ are relevant to the particular facts and injury or extensive property damage, or ests of the accused. This shall include circumstances of the trial in question. which would normally result in sentences a statement of efforts taken or to be (3) If he determines that there is such to confinement, whether or not sus­ taken at the local level to protect the danger, he will then decide, after con­ pended, will not be considered minor rights of the accused. An information sultation with the Chief of the Diplo­ offenses. copy of the recommendation of the desig­ matic Mission, whether to press a re­ (2) Trial observers shall attend and nated commanding officer shall be for­ quest for waiver of jurisdiction through shall prepare formal reports in all cases warded by him to the diplomatic or con­ diplomatic channels. If he so decides, he of trials of U.S. personnel by foreign sular mission in the country concerned. shall su b m it h is recommendation courts or tribunals except minor offenses. (h> Counsel fees and related assist­ through the unified commander, if any, In cases of minor offenses, the observer ance. When the Secretary of the De­ and the Judge Advocate General of the shall attend the trial, if any, at the dis­ partment concerned or his designee accused’s service to the Office of the cretion of the designated commanding deems such action to be in the best in­ Secretary of Defense. The objective In officer, but shall not be required to make terests of the United States, representa-

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 No. 67------3 5684 RULES AND REGULATIONS

tion by civilian counsel, and other assist­ c£l officer should participate in the visits sion in accordance with the provisions ance described in 10 U.S.C. 1037, may be and record the results of his examination. herein. The Department of the Army furnished at Government expense to U.S. If reasonable requests for permission to is designated as executive agent within personnel tried in foreign countries. visit U.S. military personnel are arbi­ the Department of Defense for main­ (1) Treatment of U.S. personnel con­ trarily denied, or it is ascertained that taining and collating information re­ fined in foreign penal institutions. (1) the individual is being mistreated or that ceived on the basis of the reports sub­ Insofar as practicable and subject to the the conditions of his custody or confine­ mitted. laws and regulations of the country con­ ment are substandard, the case should be (a) Annual reports. Annual reports, cerned and the provisions of any agree­ referred to the diplomatic or consular based on information furnished by the ment therewith, the Department of De­ mission concerned for appropriate action. three military departments covering the fense seeks to assure that U.S. military (4) To the extent possible, military period December 1, through November personnel (i) when in the custody of for­ commanders should seek to conclude 30, will be prepared by the Department eign authorities are fairly treated at all local arrangements whereby the U.S. mil­ of the Army and submitted within such times and (ii) When confined (pretrial itary authorities may be permitted to ac­ time as may be required but not later and posttrial) in foreign penal institu­ cord U.S. military personnel confined in than 120 days after the close of the re­ tions are accorded the treatment and are foreign institutions treatment, rights, porting period. The reports shall be entitled to all the rights, privileges and privileges, and protection similar to those submitted in one reproducible copy to the protections of personnel confined in U.S. accorded such personnel confined in U.S. Office of the General Counsel, DoD, in military facilities. Such rights, privi­ military facilities. The details of such accordance with departmental imple­ leges and protections are enunciated in arrangements should be submitted to the mentation of this part. The reporting present Service directives and regula­ Judge Advocate Generals of the Services. content of this requirement will be as tions, and include, but are not limited to, (5) The military authorities shall follows: legal assistance, visitation, medical at­ make appropriate arrangements with (1) A statistical summary (DD Form tention, food, bedding, clothing, and foreign authorities whereby custody of 8381) by country and type of offense of other health and comfort supplies. individuals who are members of the all cases involving U.S. personnel. (2) In consonance with this policy, armed forces shall, when they are re­ (2) A report signed by the appropri­ U.S. military personnel confined in for­ leased from confinement by foreign au­ ate service commander in each country eign penal institutions shall be visited at thorities, be turned over to the U.S. mili­ for which DD Form 838 is prepared, con­ least every 30 days, at which time the tary authorities. In appropriate cases, cerning his personal evaluation of the conditions of confinement as well as diplomatic or consular officers should be impact, if any, the local jurisdictional other matters relating to their health requested to keep the military author­ arrangements have had upon accom­ and welfare will be observed. The Serv­ ities advised as to the anticipated date of plishment of his mission and upon the ices will maintain on a current basis the release of such persons by the foreign discipline and morale of the forces, to­ records of these visits as reported by authorities. gether with specific facts or other in­ their respective commands. Records of (6) In cooperation with the appropri­ formation, where appropriate, substan­ each visit should contain the following ate diplomatic or consular mission, mili­ tiating his opinion. information: tary commanders will, insofar as possible, (3) A report of the results of visits (i) Names of personnel conducting assure that dependants of U.S. military made and particular actions taken by visit and date of visit. personnel, nationals of the United States appropriate service commanders pur­ (ii) Name of each prisoner visited, serving with, employed by or accompany­ suant to § 151.3 (i). serial number, and sentence for which he ing the armed forces, and dependents of is serving imprisonment. such nationals when in the custody of (4) A report of the implementation (iii) Name and location of prison. foreign authorities, or when confined of 10 U.S.C. 1037 showing by country (iv) Treatment of the individual pris­ (pretrial and posttrial) in foreign penal and military service. oner by prison warden and other person­ institutions receive the same treatment, (i) The total number of cases in which nel (include a short description of the rights and support as would be extended funds were expended and rehabilitation program, if any, as applied to U.S. military personnel in comparable (ii) Total expenditures in each of the to the prisoner). situations pursuant to the other pro­ following categories: (v) Conditions existing in the prison, visions of this paragraph (i). (a) Payment of counsel fees, i.e., light, heat, sanitation, food, recrea­ (j) Discharge. U.S. military person­ (b) Provision of bail, tion, religious activities. nel confined in foreign prisons shall not (c) Court costs and other expenses. (vi) Change in status of prisoner, con­ be discharged from military service until (b) Quarterly reports. Quarterly re­ ditions of confinement or transfer to an­ the completion of the term of imprison­ ports for the periods ending November other institution. ment and the return of the accused to 30, February 28, May 31, and August 31, (vii) Condition of prisoner, physical the United States, except that in unusual consisting of lists of U.S. personnel im­ and mental. cases such discharges may be accom­ prisoned and released, will be submitted, (viii) Assistance given to prisoner, i.e., plished upon prior authorization of the in accordance with departmental im­ legal, medical, food, bedding, clothing, Secretary of the Department concerned. plementation of this part to the Depart­ and health and comfort supplies. (k) Information policy. It is the ment of the Army and by the Depart­ (ix) Action taken to have any defi­ basic policy of the DoD that the general ment of the Army, as executive agent, ciencies corrected, either by the local public and the Congress must be pro­ to the Assistant Secretary of Defense commander or through diplomatic or vided promptly with the maximum in­ (Administration) in four (4) copies, on consular mission. formation concerning status of forces or before the fifteenth day following the (x) Designation of command respon­ matters that is consistent with the na­ report quarter as follows: sible for prisoner’s welfare and reporting tional interest. Information shall be (1) An alphabetical list of U.S. per­ coordinated and furnished to the public sonnel who were imprisoned during the of visits. and the Congress in accordance with es­ (xi) Information as to discharge of a reporting period pursuant to sentence of tablished procedures, including DoD Di­ confinement imposed by a foreign court, prisoner from the service or termination rectives 5122.5, “Assistant Secretary of of confinement. indicating for each individual his home Defense (Public Affairs),” July 10, 1961, address, grade, and serial number (where . (3) Should it not be practicable for and 5148.5, “Assistant to the Secretary applicable), offense of which found guil­ the individual’s commanding officer or of Defense (Legislative Affairs),” No­ ty, date and place of confinement, his representative to make visits, the vember 13,1961. length of sentence to confinement im­ designated commanding officer should be § 151.4 Reports on the exercise of posed, and estimated date of release from requested to arrange that another unit confinement. be responsible for such visits or to request foreign criminal jurisdiction. that the appropriate diplomatic or con­ The following reporting system which sular mission assume responsibility has been implemented by the military de­ i DD Form 838 filed as part of original docu­ therefor.. Whenever necessary, a medi- partments will be continued after revi­ m e n t.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5685 (2) A similar list of the names of (1) The criminal jurisdiction provi­ (d> Accused must be informed of the prisoners released during the reporting sions of Article VII do not constitute a nature and cause of the accusation and period. precedent for future agreements; have a reasonable time to prepare a —42) Where a person subject to the mili­ defense. An information copy of these lists shall tary jurisdiction of the United States is (e) Accused is entitled to have the be furnished by the appropriate service to be tried by the authorities of a re­ assistance of counsel for his defense. commander to the diplomatic or consular ceiving state, under the treaty the Com­ (f> Accused is entitled to be present mission in the country concerned. manding Officer of the armed forces of at his trial. (c) Other reports. (1) Each military the United States in such state shall ex­ (g) Accused is entitled to be con­ department will maintain on a current amine the laws of such state with par­ fronted with witnesses against him. basis* and submit monthly to the As­ ticular reference to the procedural (h) Accused is entitled to have com­ sistant Secretary of Defense (Adminis­ safeguards contained in the Constitution pulsory process for obtaining witnesses tration) in four (4) copies, a list of the of the United States; in his favor. most important cases pending* with a (3) If, in the opinion of such Com­ (i) Use of evidence against the ac­ brief summary of the salient facts in each manding Officer, under all the circum­ cused obtained through unreasonable case. Selection of the cases to be in­ stances of the case, there is danger that search or seizure or other illegal means cluded will be left to the judgment of the accused will not be protected because is prohibited. the appropriate officials of each military of the absence or denial of constitutional (j) Burden of proof is on the Govern­ department. Instances of deficiency in rights he would enjoy in the United ment in all criminal trials. the treatment or conditions of confine­ States, the Commanding Officer shall re­ (k) Accused is entitled to be tried by ment in foreign penal institutions or quest the authorities of the receiving an impartial court. arbitrary denial of permission to visit state to waive jurisdiction in accordance (l) Accused may not be compelled to such personnel shall be considered im­ with the provisions of paragraph 3(c) be a witness against himself. He shall portant cases. Lists covering the pre­ of Article VTI (which requires the receiv­ be protected from the use of a confession vious month will be submitted on the ing state to give “sympathetic consider­ obtained by torture, threats, violence, or sixth (6) day of the month following. ation” to such request) and if such the exertion of any improper influence. (2) Important new cases or important authorities refuse to waive jurisdiction, (m) Accused shall not be subjected to developments in pending cases will be the Commanding Officer shall request cruel and unusual punishment. reported informally arid immediately to the Department of State to press such (n) Accused is entitled to be tried the Office of the General Counsel, DoD, request through diplomatic channels and w ith o u t unreasonable (prejudicial) and confirmed formally, notification shall be given by the Execu­ delay. (d) Report Control Symbols. Report tive Branch to the Armed Services (o) Accused is entitled to a competent Control Symbols are assigned to the re­ Committees of the Senate and House of interpreter when he does not understand porting requirements in this part as Representatives; the language in which the trial is con­ follows: (4) A representative of the United ducted and does not have counsel profi­ cient in the language both of the court § 151.4(a) ------DD-SD(A) 705 States to be appointed by the Chief of § 1 5 1 .4 ( b ) ______D D —SD (Q ) 706 Diplomatic Mission with the advice of the and of the accused. § 151.4(c)(1) __DD-SD(M)707 senior U.S. military representative in the (p) Accused is entitled to a public § 151.4(c) (2) ___ DD-SD( AR)708 receiving state will attend the trial of any trial. such person by the authorities of a re­ (q) Accused may not be subjected to § 151.5 Effective date and implementa­ consecutive trials for the same offense tion. ceiving state under the agreement, and any failure to comply with the provisions which are so vexatious as to indicate This part is effective immediately. of paragraph 9 of Article VII of the fundamental unfairness. Two (2) copies of revised regulations Agreement shall be reported to the Com­ M a u r ic e W. R o c h e , shall be forwarded to the General Coun­ manding Officer of the armed forces of Director, Correspondence and sel, DoD, for approval prior to issuance, the United States in such state who shall Directives Division, OASD within (60) days from the effective date then request the Department of State to {Administration). hereof. take appropriate action to protec£ the [F.R. Doc. 67-3812: Filed, Apr. 6, 1967; § 151.6 Resolution of ratification, with rights of the accused, and notification 8:4 5 a.m .] reservations, as agreed to by the shall be given by the Executive Branch to Senate on July 15, 1953. the Armed Services Committees of the Senate and House of Representatives. (a) Resolved (two-thirds of the Sena­ tors present concurring therein) , That § 151.7 Fair trial guarantees. Title 33— NAVIGATION AND the Senate advise and consent to the The following is a listing of “fair trial” ratification of Executive T, Eighty-sec­ safeguards or guarantees which are con­ NAVIGABLE WATERS ond Congress, second session, an agree­ sidered to be applicable to U.S. state Chapter IT—Corps of Engineers, ment between the parties to the North court criminal proceedings, by virtue of Atlantic Treaty Regarding the Status of the 14th Amendment as interpreted by Department of the Army their Forces; signed at London on June the Supreme Court of the United States. PART 207— NAVIGATION 19, 1951. The list is intended as a guide for the REGULATIONS (b) It is the understanding of the preparation of country law studies pre­ Senate, which understanding inheres in scribed by § 151.3(d), and for the deter­ Lake Mead and Lake Mohave its advice and consent to the ratification minations made by the designated com­ (Colorado River), Ariz.-Nev. of the Agreement, that nothing in the manding officer pursuant to § 151.3 (e) Agreement diminishes, abridges, or alters through (g). Designated commanding Pursuant to the provisions of section 7 the right of the United States of Amer­ officers should also consider in this con­ of the River and Harbor Act of August 8, ica* to safeguard its own security by nection other factors which could result 1917 (40 Stat. 266; 33 U.S.C. 1), § 207.645 excluding or removing persons whose in a violation of due process of law in is hereby prescribed to govern the use presence in the United States is deemed state court proceedings in the United and navigation of restricted areas at Prejudicial to its safety or security, and States. Hoover Dam, Nev., effective 30 days after that no person whose presence in the (a) Criminal statute alleged to be vio­ publication in the F e d e r a l R e g is t e r , as United States is deemed prejudicial to lated must set forth specific and definite follows: its safety or security shall be permitted standards of guilt. § 207.645 Hoover Dam, Lake Mead, and to enter or remain in the United States. (b) Accused shall not be prosecuted Lake Mohave (Colorado River), The areas. That

FEDERAL REGISTER, V O L 32, NO. 67— FRIDAY, APRIL 7, 1967 5686 RULES AND REGULATIONS portion of Lake Mead extending 700 feet time of the inspector’s request, the post­ (b) Collection of postage. Matter upstream of the axis of Hoover Dam and master must enter the item in A/C 11919, found in private mail boxes provided for that portion of Lake Mohave (Colorado suspense, and liquidate the item within 30 the receipt of mail matter shall be River) extending 4,500 feet downstream days by collection from the mailer or treated as subject to postage. If the of the axis of Hoover Dam. with personal funds. person or firm responsible for im­ (2) The regulations. The restricted (2) Amounts over $100. The report properly depositing matter in mail re­ areas shall be closed to navigation and of the deficiency will first be reviewed by ceptacles is known and is within the other use by the general public. Only the Classification and Special Services delivery area of the post office, the local vessels owned by or controlled by the Division. By report on Form 3581, No­ postmaster shall make demand for the U.S. Government and the States of tice of Postage Deficiency, the Classifica­ total postage chargeable on all pieces. Arizona and Nevada shall navigate or tion and Special Services Division will The postmaster shall also inform the anchor in the restricted areas: Provided, notify the proper postal data center of person or firm that the practice is a however, The Regional Director, Region the amount of the postage deficiency. violation of the law. See paragraph (a) 3, U.S. Bureau of Reclamation, Boulder A Form 813, Statement of Differences, of this section. An equivalent amount City, Nev., may authorize, by written per­ will be issued by the postal data center to of postage due stamps affixed to a sheet mit, individuals or groups to navigate or the postmaster, accompanied with a copy of paper and properly canceled as a re­ anchor in the restricted areas when it is of Form 3581. When Form 813 is re­ ceipt for money collected shall be given deemed in the public interest. Copies of ceived from the postal data center the the person or firm. If payment is in said permits shall be furnished the en­ postmaster must immediately enter the form of uncanceled stamps xor meter forcing agencies. deficiency in A/C 11935, Audit Difference stamps, they will be affixed to a sheet, (b) Lake Mead; speed regulation. In Due United States, carry the item in A/C canceled and returned as a receipt for that portion of Lake Mead extending 300 11919, suspense, and take immediate ac­ payment. No other receipt will be feet upstream of the restricted area de­ tion to collect the amount due from the issued. scribed in paragraph (a) of this section, mailer. If collection is not made within (c) Report to other office. If the per­ a maximum speed of 5 miles per hour 30 days, the matter must be reported to son or firm making improper use of shall not be exceeded. the regional controller. private mail boxes is located at another (c) Enforcement. The regulations in (b) Developed by local financial ex­post office, send a sample piece with a this section shall be enforced by the Su­ amination or audit. Whenever a postage report of the facts to the postmaster at perintendent, Lake Mead National Rec­ deficiency is developed as result of an that location with request that he take reation Area, National Park Service, and examination or audit performed in ac­ the action in paragraph (b) of this such other agencies as he may designate. cordance with § 126.6(f) of this chapter, section. [Regs., Max. 21, 1967, 1507-32 (Lake Mead immediate steps must be taken to collect (d) Repeated violations. If a person and Lake Mohave (Colorado River), Ariz.- the deficiency and account for the rev­ or firm continues the improper practice Nev.) -ENGCW—ON] (Sec. 7, 40 Stat. 266; 33 enue in the proper account. If the after proper warning, the postmaster U.S.C . 1) amount is $100 or less, the postmaster shall submit a sample piece and a re­ K enneth G. W ickham, must enter the item in A/C 11919, sus­ port of the facts to the postal inspector Major General, U.S. Army, in charge. The Adjutant General. pense, and liquidate the item within 30 days by collection from the mailer or N ote: The corresponding Postal Manual [P.R. Doc. 67-3811; Piled, Apr. 6, 1967; with personal funds. If the amount is section is Part 149. 8 :4 5 a.m .] over $100 and collection is not made As the foregoing amendments to Title within 15 days, the matter must be re­ 39, Code of Federal Regulations, relate to ported to the local inspector in charge. a proprietary function of the Govern­ After attention by an inspector, the re­ ment and do not affect substantive Title 39— POSTAL SERVICE port of the deficiency will be reviewed by rights, public rule making procedures Classification and Special Services Divi­ Chapter I— Post Office Department and advance notice as well as a delayed sion and handled as provided in para­ effective date are unnecessary and would MISCELLANEOUS AMENDMENTS TO graph (a) (2) of this section. be contrary to the public interest. CHAPTER Note: The corresponding Postal Manual (5 U.S.C. 301, 39 U.S.C. 501) section is Part 148. The regulations of the Post Office De­ Timothy J. May, partment are amended as follows: General Counsel. PART 122— ENVELOPES PART 149— MATTER DEPOSITED IN March 31, 1967. MAIL BOXES WITHOUT PREPAY­ [P.R. Doc. 67-3826; Filed, Apr. 6, 1967; I. In § 122.4, a new paragraph (g) is 8 :4 6 a.m .] added to state that window envelopes MENT may not be used for business reply mail. III. A new Part 149 is added to show § 122.4 Window envelopes. regulations regarding mail deposited in PART 143— METERED STAMPS ***** mail boxes without prepayment. These (g) They may not be used for businessregulations were formerly contained in Setting Meters Locally section 335.5 of the Postal Manual, but reply mail under the provisions of § 131.2 A notice of proposed revisions to § 143.3 (c) (1) of this chapter. were not published in Title 39, Code of Federal Regulations. of Title 39, Code of Federal Regulations N ote: The corresponding Postal Manual was published in the F ederal R egister section is 122.4g. § 149.1 Mailable matter found in pri­ of December 29, 1966 (31 F.R. 16625), vate mail boxes without prepayment consisting of title changes to paragraphs of postage. (a) and (b) to “Sealing meter” and PART 148— POSTAGE DEFICIENCIES (a) Penalty. Whoever knowingly and“Setting meter” respectively. Another BC. A new Part 148 is added which re­ willfully deposits any mailable matter proposed revision was the renumbering lates to postage deficiencies developed by such as statements of account, circulars, of §143.3(b)(2) to §143.3(0 and the audit of post office records. sale bills, or other like matter, on which modification of the material therein by no postage has been paid, in any letter­ the addition of a new condition under § 148.1 Deficiencies developed by audit. box established, approved, or accepted which the postmaster who serves the (a) Developed by Postal Inspectorby the Postmaster General for the re­ place where a mailer is located may, when audit—(1) Amounts of $100 or less. The ceipt or delivery of mail matter on any it will be convenient to the mailer, set postmaster must, upon the request of the route with intent to avoid payment of a meter for use in payihg postage on mail inspector, increase the proper revenue lawful postage thereon, shall for each presented at another post office. In­ account by the amount of the deficiency. such offense be fined not more than $300. terested persons were given 30 days in If the amount due is not collected at the (18 U.S.C. 1725.) which to submit written comments con-

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5687 cerning the proposal. After considera­ made. A record of each setting shall be tion of the comments received, the entered on Form 3610 at the office where Title 41— PUBLIC CONTRACTS Department has reached the conclusion the mailings are made. to adopt the proposed amendments. (6) Mail may not be consigned to the AND PROPERTY MANAGEMENT Accordingly, the amendments to be effec­ post office in bulk by freight, express, or tive 30 days following the date of publi­ other carrier. It must be presented at Chapter 101— Federal Property cation of this notice read as follows: a designated receiving point in the post Management Regulations § 143.3 Use of meter. office by the mailer’s representative. The postmaster may not act as the mail­ SUBCHAPTER E— SUPPLY AND PROCUREMENT (a) Sealing meter. A patron may not er’s representative and the Department PART 101-32— GOVERNMENT-WIDE have any postage meter in his possession has no responsibility for the articles until until it has been set and sealed at the they are actually accepted in the mail. AUTOMATED DATA MANAGEMENT post office that issued the license or, if See Part 152 of this chapter concerning SERVICES more convenient, at one of its stations carriage of letters outside the mail. or branches where meters are set. A (7) Matter sent to other post offices Subchapter E is amended by the addi­ Meter Record Book, Form 3602-A, is for mailing must be shipped in private tion of a new Part 101-32 to establish a issued at the time of initial setting. containers. The total weight of pieces significantly numbered part in Subchap­ When the Meter Record Book is filled, a placed in containers such as cartons, ter E to provide for Government policies, new one will be issued without charge. crates, etc., which are to be handled by procedures, and guidelines related to the (b) Setting meter. A meter licensee postal employees must not exceed 80 management of automated data services must bring the meter and Meter Record pounds. Post offices will not furnish and to continue in effect the provisions of Book to the post office or station or mail sacks for this purpose. Federal property Management Regula­ branch where it was first set, for reset­ (8) When the use of a meter is dis­ tions, Temporary Regulation No. H-3, tings and payments of postage. Postage continued, it must be presented to the dated September 26, 1966, providing must be paid at time of setting. Advance post office where it was set, for checking guidance on the release and acquisition deposits for meter settings, may not be out of service. Any postage adjustment of electrical accounting machines which accepted. The postmaster will issue a will be made by the postmaster where are leased by the Government * from a Meter Setting Receipt, Form 3603,-for the mailings have been made. supplier and the procedures for report­ the amount of postage paid. If a meter (d) Faulty mechanism. If the print­ ing and acquisition of such machines. is not reset within a 6-month period, it ing and recording mechanism is faulty in Subchapter E is amended by the addi­ must be presented with Meter Record any way, do not use the meter but take it tion of new Part 101-32, as follows: Book, showing daily register readings, at promptly to the post office, branch, or the post office, station, or branch where station where it is regularly set, for Sec. last set, for examination. checking out of service. 101-32.000 Scope of part. (c) Setting meter for use at another (e) Discontinuance. When a licensee Subpart 101—32.1— Revolving Fund [Reserved] post-office. The postmaster who serves discontinues the use of a postage meter, the place where a mailer isJocated may, it must be taken with the Meter Record Subpart 101—32.2— Automatic Data Processing when it will be a convenience to the Book to the post office. If the licensee Resources Utilization Program [Reserved] mailer, set a meter under the following has not notified the manufacturer of his Subpart 101—32.3— Utilization of Excess conditions for use in paying postage on intention to check out the meter, the mail to be presented at another post postmaster must promptly request the 101-32.301 Electrical accounting office: manufacturer to call for the meter. The m a c h in es. 101—32.301—1 Definition, (1) The postmaster must obtain postmaster should also furnish the meter 101—32.301—2 Reporting. through his Regional Director, from the readings at time of check out to the 101-32.301-3 Transfers. Regional Director in whose Region the manufacturer’s representative to com­ post office of mailing is located, a written plete his record, since the descending Subpart 101—32.4— Procurement and statement showing that the post office of register will have been cleared to zero Contracting [Reserved! mailing has adequate facilities for ac­ or the lowest possible setting at that cepting the mail and that it is served by time. Unused postage in the meter may Subpart 101—32.5— Maintenance and Repair transportation facilities which will en­ be transferred to another meter used by [Reserved! able the mailings to be effectively and the licensee and registered at the same Subpart 101— 32.6-^Assistance to Federal economically handled in the postal trans­ post office, or the postmaster may refund Agencies [Reserved] portation patterns. the amount in accordance with provi­ Subparts 10T-32.7— 101-32.47 [Reserved] (2) A meter license must be obtained sions on the license form. The Meter from the post office where the mailing Record Book is returned to the licensee Subpart 101—32.48— Exhibits is to be presented. (See § 143.2(a).) and should be kept on file for at least 101-32.4800 Scope of subpart. When the license is received, it must be 1 year from date of final entry. Appli­ 101-32.4801 Government-wide A DP Re­ presented to the local post office with cation for refund should be made on sources Utilization Program the meter for setting. The license will Form 3533, Application and Voucher coordinators and exchanges. be returned to the licensee. for Refund of Postage and Fees, or on (3) A separate meter must be used for a special form furnished by the meter Subpart 101—32.49— Illustrations of Forms each post office. The postmark die must manufacturer. [Reserved] show the name of the post office of (f) Refunds for unused meter stamps. Authority : The provisions of th is P art mailing. When complete and legible meter stamps 101-32 issued under sec. 205(c), 63 Stat. 390; (4) Payment for each meter setting cannot be used because of misprints, 40 U.S.C. 486(c). must be made by certified or bank cash­ spoiled envelopes or cards, and the like § 101—32.000 Scope of part. ier’s check payable to the postmaster the licensee may apply to the postmaster at the post office where mailings will be for refund of postage up to 90 percent This part provides policies, procedures, made. The check must be presented to of postage value. (See § 147.2 of this and guidelines pertaining to the Govern­ the local post office when the meter is set. chapter.) ment-wide management of automated (5) The postmaster setting the post­ Note: The corresponding Postal Manual data services including revolving fund, age meter will complete Form 3618 in section is 143.3. resources utilization, utilization of excess, duplicate. The original of this form (5 U.S.C. 301, 39 U.S.C. 501) procurement and contracting, mainte­ with the check and a stamped, self- T im o t h y J . M a y , nance and repair, and related subjects. addressed envelope furnished by the General Counsel. Note : As material related to this subject is mailer for return of Form 3603 will be A p r il 4, 1967. developed in final form, it will be promul­ sent in a post office penalty envelope to [F.B. Doc. 67-3827; Piled, Apr. 6, 1967; gated in an appropriate subpart of this Part the postmaster where mailings are to be 8 :4 6 a.m .] 101-32.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5688 RULES AND REGULATIONS

Subpart 101—32.1— Revolving Fund 4801. The acquiring agency will be re­ Mississippi, Alabama, and Slidell, La., ADP [Reserved] sponsible for rental charges of equipment Sharing Exchange, National Aeronautics while in transit. and Space Administration, Computation Subpart 101—32.2— Automatic Data Laboratory (R-COMP-MR), George c. (c) The costs of care apd handling of Marshall Space Flight Center, Huntsville, Processing Resources Utilization leased equipment prior to the release Ala. 35812. Telephone: FTS 205-876-4840. Program [Reserved] date designated by the holding agency, including movement and temporary stor­ GSA R egion 5, Chicago, III. Subpart 101—32.3—Utilization of age, shall be borne by the holding agency. 1 Regional Interagency ADP Resources Utili­ Excess Costs incurred in the actual packing, zation Coordinator—5FT, General Services preparation for shipment, loading, and Administration, U.S. Courthouse and Fed­ § 101—32.301 Electrical accounting ma­ transportation are the responsibility of eral Building, 219 South Dearborn Street, chines. the acquiring agency. Chicago, 111. 60604. Telephone: FTS 312- 828-5406. Leased electric accounting machines Subpart 101—32.4— Procurement and which are determined to be excess pur­ G SA R egion 6, K ansas City, Mo. suant to § 101-43.104-5 of this chapter Contracting [Reserved] shall be reported and transferred as pro­ Subpart 101—32.5— Maintenance and 1 Regional Interagency ADP Resources Utili­ zation Coordinator—6FT, General Services vided in this § 101-32.301. This equip­ Repair [Reserved] ment includes: Administration, Federal Building, 1500 Subpart 101—32.6— Assistance to East Bannister Road, Kansas City, Mo. (a) Government-leased; or 64131. Telephone: FTS 816-361-7540. (b) Leased by Government fcontrac- Federal Agencies [Reserved] St. Louis ADP Sharing Exchange, General tors under cost reimbursement contracts Subparts 101-32.7— 101-32.47 Services Administration, 1640 Federal and subcontracts when the total costs [Reserved] f Office Building, 1520 Market Street, St. of such equipment are applied as a direct Louis, Mo. 63103. Telephone: FTS 314- charge to such contracts (equipment Subpart 101—32.48— Exhibits 622-4579. used in performance of multiple con­ § 101—32.4800 Scope of subpart. tracts and the cost of which constitutes G SA R egion 7, F ort Worth, Tex. an indirect expense charged to overhead This subpart provides information con­ 1 Regional Interagency ADP Resources Utili­ is excluded). cerning the addresses of the Interagency zation Coordinator—7FT, General Services ADP Resources Utilization Coordinators Administration, 819 Taylor Street, Fort § 101—32.301—1 Definition. and ADP sharing exchanges. Worth, Tex. 76102. Telephone: 817-334- Electrical accounting machines (EAM) § 101—32.4801 Government-wide ADP 2516. are conventional punchcard equipment Resources Utilization Program co­ South Texas ADP Sharing Exchange, National ordinators and exchanges. Aeronautics and Space Administration, such as punches, verifiers, sorters, col­ Manned Spacecraft Center, Houston, Tex. lators, tabulators, calculators, etc. GSA Central Office, Washington, D.C. 77058. Telephone: FTS 713-483-4688. § 101—32.301—2 Reporting. Chief, Resources Utilization Branch—PTIR, General Services Administration, Office of GSA R egion 8, Denver, Colo. Except for line items with an acquisi­ Automated Data Management Services, 1 Regional Interagency ADP Resources Utili­ tion cost of less than $1,500, excess leased PSS, Seventh and D Streets SW„ Room zation Coordinator—8FT, General Services 6662D, W ashington, D.C. 20407. Telephone: EAM shall be reported to the Interagency Administration, Building 41, Denver Fed­ IDS Code 13-35272, FTS 202-963-5272. ADP Resources Utilization Coordinator eral Center; Denver, Colo. 80225. Tele­ at the appropriate GSA regional office GSA R egion 1, B oston, Mass. p h o n e : F T S 3 0 3-233-3611, E x ten sio n 8495. shown in § 101-32.4801. This shall be 1 Regional Interagency ADP Resources Utili­ accomplished by transmitting a copy of zation Coordinator—1FT, General Services GSA Region 9, San Francisco, Calif. the equipment discontinuation notifica­ Administration, Post Office and Court­ 1 Regional Interagency ADP Resources Uti­ tion to the supplier, together with the house Building, Boston, Mass. 02109. Tele­ lization Coordinator—9FT, General Serv­ name, address, and telephone number of phone: FTS 617-223-2663. ices Administration, 49 Fourth Street, San the person to contact in the reporting G SA R egion 2, New York, N.Y. Francisco, Calif. 94108. Telephone: FTS 415-556-7877. agency. 1 Regional Interagency ADP Resources Utili­ § 101—32.301—3 Transfers. zation Coordinator—2FT, General Services Los Angeles ADP Sharing Exchange (C110), Administration, 30 Church Street, New Long Beach Naval Shipyard, Long Beach, Prior to acquisition of available excess York, N.Y. 10007. T e le p h o n e : F T S Calif. 90802. Telephone: Area Code 213- leased EAM equipment, agencies shall 212-264-8349. 831-9268. assure that the criteria for selection and Philadelphia ADP S h a r in g E x ch a n g e acquisition of automatic data processing (2015/00), Veterans Administration, Post G SA Region 10, Auburn, Wash. equipment contained in Bureau of the Office Box 8079, Philadelphia, Pa. 19101. 1 Regional Interagency ADP Resources Uti­ Budget Circular No. A-54 is met. Telephone: FTS 215-438-5629. lization Coordinator— 10FT, General Serv­ (a) Agencies desiring to acquire leased G SA Region 3, Washington, D.C. ices Administration, Regional Headquar­ ters Building, Auburn, Wash. 98002. EAM majf contact one or more of the Regional Interagency ADP Resources Utili­ Telephone: FTS 206-833-5281. Interagency ADP Resources Utilization zation Coordinator—3FTIR, General Serv­ Coordinators at GSA regional offices ices Administration, Seventh and D Streets Oregon ADP Sharing Exchange, Bonneville shown in § 101-32.4801 for advice on SW., Washington, D.C. 20407. Telephone: Power Administration, Portland, Qreg. availability of such equipment. The IDS Code 13-35272, FTS 202-963-5272. 97208. Telephone: FTS 503-234-3513. Central ADP Sharing Exchange—FTIR, Gen­ GSA regional office will advise as to the Subpart 101—32.49— Illustrations of availability of equipment and furnish the eral Services Administration, Seventh and D Streets SW., Room 6662A, Washington, Forms [Reserved] name, address, and telephone number of D.C. 20407. Telephone: IDS Code the contact in the releasing activity. 13-20381, FTS 202-962-0381. Effective date. This regulation is The acquiring agency will then arrange G SA Region 4, Atlanta, Ga. effective upon publication in the F ederal with the holding agency for transfer of R egister. the equipment and notify the supplier of R egional Interagency ADP Resources Utili­ zation Coordinator—4FT, General Services the proposed'Uction. Administration, 1776 Peachtree Street NW., Dated: March 31,1967. (b) When a transfer is arranged, a Atlanta, Ga. 30309. Telephone: FTS 404- copy of the correspondence confirming 526-5772. Lawson B. K nott, Jr., the transfer will be furnished by the Administrator of General Services. transferee to the GSA regional office con­ 1 Responsibilities include operation of a [F .R . D oc. 67-3820; F iled , A pr. 6, 1967; cerned addressed as shown in § 101-32.- sharing exchange. 8 :4 5 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 RULES AND REGULATIONS 5689

ments, rights of use, or other interests 1. Fishing is not permitted on the pub­ Title 43— PUBLIC LANDS: and rights. lic hunting area during the migratory * * * * * waterfowl hunting season. INTERIOR S tewart L. Udall, 2. Boats with motors may be used Secretary of the Interior. . during daylight hours only (interpreted Chapter II— Bureau of Land Manage* here to be 1 hour before sunrise to 1 ment, Department of the Interior March 30,1967. hour after sunset) from April 10 through SUBCHAPTER B— LAND TENURE MANAGEMENT [F.R. Doc. 67-3822; Filed, Apr. 6, 1967; September 30,1967. (2000) 8:4 6 a.m .] 3. Shoreline fishing is prohibited be­ tween the upper and lower embankments [Circular No. 2225] - on the north side of the reservoir. PART 2240-r-SALES AND EXCHANGES KOOTENAI NATIONAL WILDLIFE REFUGE Subpart 2244— Exchanges Title 50— WILDLIFE AND Kootenai National Wildlife Refuge, Star Route No. 1, Bonners Ferry, Idaho L a n d s S u b j e c t t o E x c h a n g e FISHERIES 83805. The purpose of this amendment is to Chapter I— Bureau of Sport Fisheries Sport fishing is permitted on Kootenai incorporate into the regulations the pro­ and Wildlife, Fish and Wildlife River, Deep Creek, and Myrtle Creek vision of the Act of July 31, 1939 (53 year round except during the migratory Stat. 1144) which permits either party Service, Department of the Interior waterfowl hunting season. to an exchange of lands to make reserva­ PART 33— SPORT FISHING tions of minerals, easements, rights of MINIDOKA NATIONAL WILDLIFE REFUGE use, or other interests or rights. This Wildlife Refuges in Idaho Minidoka National Wildlife Refuge, provision applies to lands to which title Route 4, BSFW, Rupert, Idaho 83350. was revested in the United States by the The following special regulations are Sport fishing is permitted on the entire Act of June 9, 1916 (39 Stat. 218) and issued and are effective on date of pub­ refuge year round except as stipulated to lands reconveyed to the United States lication in the Federal R egister. under special conditions. by the Act of February 26, 1919 (40 Stat. § 33.5 Special regulations; sport fish­ Special conditions: 1179). ing; for individual wildlife refuge 1. Fishing is not permitted on Lake These rules involve matters relating to areas. Walcott during the migratory waterfowl public property and are not required by hunting season. law to be published as proposed rule General conditions: making. Although this Department cus­ Fishing shall be in accordance with 2. Boats with or without motors may tomarily gives such notice and follows applicable State regulations except for be used during daylight hours only (in­ public procedures thereon, that practice any special conditions listed. terpreted here to be 1 hour before sun­ is deemed unnecessary in this case All areas open to fishing are designated rise to 1 hour after sunset) from April because the amendment reflects the pro­ by signs and delineated on maps avail­ 10 through September 30,1967. able at the respective refuge headquarters visions of the law and imposes no burden _The provisions of these special regu­ or obligation on any person. Accord­ and from the office of the Regional Di­ rector, Bureau of Sport Fisheries and lations supplement the regulations which ingly, this amendment shall become ef­ Wildlife, 730 Northeast Pacific Street, govern fishing on wildlife refuge areas fective on the date of publication in the Portland, Oreg. 97208. generally, which are set forth in Title 50, F ederal R e g is t e r . Idaho Code of Federal Regulations, Part 33, Subparagraph (2) of § 2244.9-l(d) is and are effective through April 30, 1968. revised to read as follows: DEER FLAT NATIONAL WILDLIFE REFUGE P aul T. Quick, § 2244.9—1 O and C Lands. Deer Flat National Wildlife Refuge, Regional Director, Bureau of * * * * * Route 1, Box 335, Nampa, Idaho 83651. Sport Fisheries and Wildlife. Sport fishing is permitted on the entire (d) Lands subject to exchange. * * *refuge year round except as stipulated March 28,1967. <2) Either party to an exchange may under special conditions. [F.R. Doc. 67-3842; FUed, Apr. 6, 1967; make reservations of minerals, ease­ Special conditions: 6 :4 8 a .m .]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5690 Proposed Rule Making

§ 989.14 Packer. the producer members and producer DEPARTMENT OF AGRICULTURE “Packer” means any person who, alternate members of the board shall end on April 30 of each year, but each such Consumer and Marketing Service within the area, stems, sorts, cleans, or seeds raisins, grades stemmed raisins, or member and alternate member shall [ 7 CFR Part 989 1 packages raisins for market as raisins: continue to serve until his respective Provided, That: successor is selected and has qualified. [Docket No. AO 19&-A 6] (a) No producer with respect to the The producer members and producer RAISINS PRODUCED FROM GRAPES raisins produced by him, and no group alternate members of the board shall serve for terms of 3 years beginning May GROWN IN CALIFORNIA of producers with respect to raisins pro­ duced by the producers comprising the 1 and ending April 30 of the third fol­ Notice of Hearing With Respect to group, and not otherwise a packer, shall lowing year. Proposed Amendment of Market­ be deemed a packer if he or it sorts or (b) Handler, dehydrator, and coop- ing Agreement, as Amended, and cleans (with or without water) such erative bargaining association members. The handler, dehydrator, and coopera­ Order, as Amended raisins in their unstemmed form; (b) Any dehydrator shall be deemed tive bargaining association members, Pursuant to the Agricultural Market­ to be a packer, with respect to raisins and their, respective alternates, shall ing Agreement Act of 1937, as amended dehydrated by him, only if he stems, each serve for terms of 1 year, be­ (secs. 1-19, 48 Stat. 31, as amended; cleans with water subsequent to such ginning May 1 and ending April 30 of 7 U.S.C. 601-674), and in accordance dehydration, seeds or packages them for the following year, but each shall con­ with the applicable rules of practice and market as raisins; tinue to serve until his respective suc­ procedure governing proceedings to (c) The committee may, with the ap­ cessor is selected and has qualified. formulate marketing agreements and proval of the Secretary, restrict the ex­ 7. Revise § 989.29 (a) and (b) (1) and marketing orders (7 CFR Part 900), no­ ceptions in paragraphs (a) and '(b) of (2) to read: tice is hereby given of a public hearing this section as to permitted cleaning if to be held in the 10th floor auditorium, necessary to cause delivery of sound § 989.29 Initial members and nomina­ Pacific Gas and Electric Building, 1401 raisins; and tion of successor members. Fulton Street, Fresno, Calif., beginning (d) No person shall be deemed a (a) Initial members. Members and at 9:30 a.m., P.s.t., April 24, 1967, with packer by reason of the fact he repack­ alternate members of the board serving respect to a proposed amendment of the ages for market (including any prepara­ immediately prior to the effective date marketing agreement, as amended, and tion therefor) raisins which, in the hands Of this amended subpart shall, if there­ Order No. 989, as amended (7 CFR Part of a previous holder, have been stemmed, after they are also eligible, continue to 989), regulating the handling of raisins prepared, and packaged for market, and serve on the board as the initial members produced from grapes grown in Cali­ inspected and certified as meeting the and alternate members of the board for fornia. The proposed amendment has applicable minimum grade standards for their specified terms of office and until not received the approval of the Secre­ packed raisins. their respective successors have been tary of Agriculture. selected and have qualified. The public hearing is for the purpose § 989.26 [Amended] of receiving evidence with respect to the 4. Revise the first sentence of § 989.26 (b) Nomination for successor mem­ economic, marketing, and other condi­ to read: “A Raisin Advisory Board is bers. (1) The board shall give reason­ tions which relate to the proposed hereby established consisting of 46 mem­ able publicity of a meeting or meetings amendment hereinafter set forth and to bers, of whom 35 shall represent pro­ of producers, handlers, dehydrators, and any appropriate modifications thereof. ducers, 8 shall represent handlers, 2 shall cooperative bargaining associations, re­ The Raisin Administrative Committee, represent dehydrators, and one shall spectively, for the purpose of making the administrative agency established represent cooperative bargaining asso­ nominations for member and alternate pursuant to the amended marketing ciations.” member positions to be filled on the board: Provided, That with respect to agreement and order, submitted the fol­ 5. Revise § 989.27 to read: lowing amendatory proposals and re­ producer members and producer alter­ quested a hearing thereon. §989.27 Eligibility. nate members, a meetiiig or meetings shall be held in each district for which 1. Add a new section, § 989.12a, as No person shall be selected or continue follows: nominations are to be made to fill pro­ to serve, as a member or alternate mem­ ducer member and producer alternate § 989.12a Cooperative bargaining asso­ ber of the board, who is not actively en­ member positions on the board: And pro­ ciation. gaged in the business of the group which vided further, That member and alter­ he represents, either in his own behalf, “Cooperative bargaining association” or as an officer, agent, or employee of a nate member nominations of handlers, means a nonprofit cooperative associa­ business unit engaged in such business: dehydrators, and cooperative bargaining tion of raisin producers engaged within associations may be made to the board Provided, That any handler eligible to by mail in lieu of meetings. the area in selling or arranging for the represent a particular size group at the sale of raisins of its members. time of his selection who later falls in a (2) Only producers, as defined in 2. Revise § 989.13 to read: different size group shall continue to § 989.11, engaged as such with respect to represent for the entire term the size the most recent grape crop in the par­ § 989.13 Processor. group for which he was selected. The ticular district for which nominations “Processor” means any person who re­ committee shall certify during Decem­ are to be made, may nominate, or vote ceives or acquires natural condition ber and January of each crop year each for, any producer member or producer raisins, off-grade raisins, other failing member’s and alternate member’s eligi­ altematé member for such district. raisins (as defined in paragraph (f) of bility to continue to serve on the com­ Any producer so engaged as sùch, with § 989.59), or raisin residual material and mittee. respect to the most recent grape crop in uses them or it within the area, with or the particular district for which nomi­ without other ingredients, in the produc­ 6. Revise § 989.28 to read: nations are to be made, may be nomi­ tion of a product other than raisins, for § 989.28 Term o f office. nated to represent said district as a market or distribution, (a) Producer members. The terms ofproducer member or producer alternate 3. Revise § 989.14 to read: one-third or approximately one-third of member of the board; in the event any

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5691 of such nominees are engaged as pro­ 14. Revise § 989.43 to read: quired by a handler as standard raisins ducers in more than one district, he may § 989.43 Selection. which subsequently fail to meet the ap­ be a nominee for only one district. One plicable grade and condition standards or more eligible producers for each pro­ The Secretary shall select producer, for shipment or final disposition as ducer member position to be filled on handler, dehydrator, and cooperative raisins”, and substitute therefor “other the board may be proposed for nomina­ bargaining association members and al­ failing raisins”; and following the first tion and one or more eligible producers ternate members of the committee in the sentence of § 989.59(f), insert “For pur­ for each alternate member position to numbers specified in § 989.39 or pursuant poses of disposition and reporting, ‘other be filled may be proposed for nomina­ to § 989.39 (a) or (b), as applicable, and failing raisins’ means any raisins re­ tion. Each producer shall cast only one with the qualifications specified in § 989.- ceived or acquired by a handler either vote with respect to each position for 40. Such selections may be made from as standard raisins, or as off-grade which nomination is to be made. The the nominations certified pursuant to raisins, which are processed to a point person receiving a majority of the votes § 989.42, or from any other eligible pro­ where they qualify as packed raisins and with respect to each producer member ducers, handlers, dehydrators, and rep­ fail to meet the applicable minimum or producer alternate member position resentatives of cooperative bargaining grade standards for packed raisins.” associations. shall be the person to be certified to the §§ 989.63,989.64 [Amended] Secretary as the nominee for each such 15. Revise § 989.57 to read: position. In the event no person re­ 20. Amend §§ 989.63, 989.64, and any ceives a majority, there shall be a run­ § 989.57 Publicity and notice. other provisions as necessary to incorpo­ off vote between the two persons receiv­ The committee shall promptly give rate a new concept regarding prelimi­ ing the largest number of votes. The reasonable publicity to producers, dehy­ nary percentages which would include eligibility of each producer voting in a drators, handlers, and cooperative bar­ but not be limited to the following: nomination meeting shall be certified gaining associations of each meeting to “During the forepart of any crop year in by the committee promptly after the consider a marketing policy or any modi­ which the designation of percentages is meeting and, in the event one or more fication thereof, and each such meeting anticipated, and prior to the effective who voted was not eligible and this shall be open to them. Similar notice time of such designations, handlers may affected the result of the vote, another shall be given to producers, dehydrators, be required by the committee, with the meeting shall be held and the initial handlers, and cooperative bargaining as­ approval of the Secretary, to set aside a meeting shalibe null and void. sociations of each marketing policy re­ specified portion of their acquisitions * * * * * port or modification thereof, filed with for the account of the committee and 8. Revise § 989.30 to read: the Secretary. Copies of all such reports under its control.” shall be maintained in the office of the § 989.30 Selection. committee, where they shall be made 21. Revise paragraph (c) of § 989.64 to read: The Secretary shall select producer, available for examination by any pro­ handler, dehydrator, and cooperative ducer, dehydrator, handler, or coopera­ (c) The Secretary shall notify the bargaining association members and al­ tive bargaining association. committee promptly of each such per­ ternate members in the numbers speci­ § 989.58 [Amended] centage so fixed. The committee shall fied in § 989.26, or pursuant to § 989.26a give prompt and reasonable publicity or § 989.26b, as applicable, and with the 16. In the first sentence of § 989.58(d) thereof to producers and shall notify qualifications specified in § 989.27. Such (1), add a new subdivision, subdivision handlers, dehydrators, and cooperative selections may be made from the nomi­ (vi), reading: “(vi) raisins received from bargaining associations of such percent­ nations certified pursuant to § 989.29 or a cooperative bargaining association ages by registered or certified mail. from other eligible producers, handlers, which have been inspected pursuant to dehydrators, and cooperative bargaining subparagraph (3) of this paragraph.” § 989.65 [Amended] association members. 17. Add a new subparagraph, subpara­ graph (3), to § 989.58(d), reading: 22. Amend § 989.65 by adding at the 9. Revise § 989.35 to read: (3) In accordance with rules and pro­end thereof: “However, no handler other § 989.35 Meetings. cedures established by the committee than a cooperative association of pro­ with the approval of the Secretary, han­ ducers shall ship or otherwise dispose of The board shall meet at the call of its dlers may receive or acquire natural con­ any free tonnage raisins not of his own chairman or its vice-chairman when dition raisins from a cooperative bar­ production on which he has yet to agree acting as chairman, or at the call of any gaining association which have been in­ with the producers as to the specific price 3 members. spected and certified on the premises of per ton to be paid, and such agreement § 989.39 [Amended] the association. In the event there shall shall be in writing and available for have been compliance with committee re­ examination by the committee. Any 10. Revise the second sentence of quirements, any handler who receives or shipment or disposition of raisins which § 989.39 to read: “Such committee shall acquires such inspected and certified exceeds the quantity complying with this consist of 15 members, of whom 8 shall raisins shall be deemed to have satisfied requirement as to price agreement shall represent producers, 5 shall represent the requirements in subparagraph (1) be a violation of the handler’s allotment handlers, one shall represent dehydra­ of this paragraph with respect to inspec­ and, hence, of section 8(a) (5) of the tors, and one shall represent cooperative tion and certification of natural con­ Act.” bargaining associations.” dition raisins received or acquired by 23. Revise paragraph (f) of § 989.66 § 989.40 [Amended] him. to read: § 989.59 [Amended] 11. Delete the first sentence of § 989.40. § 989.66 Reserve and surplus tonnage § 989.42 [Amended] 18. Revise paragraph (c) of § 989.59 generally. to read : 12. In the first sentence of § 989.42(a), (c) Publicity and notice. The com­ * * * * * delete the proviso and change the colon mittee shall give prompt and reasonable (f) Handlers shall be compensated for to a period. notice to producers, dehydrators, han­ receiving, storing, handling, and inspec­ 13. In § 989.42, reletter paragraphs (d) dlers, and cooperative bargaining asso­ tion of reserve and surplus tonnage rai­ and (e) to (e) and (f ), respectively, and ciations of each recommendation sub­ sins held by them for the account of the add a new paragraph (d) reading: mitted by it to the Secretary and of each committee, in accordance with a sched­ (d) Cooperative bargaining associa­ regulation issued by the Secretary. ule of payments established by the com­ tion member. The cooperative bargain­ Notice of such regulation shall be given ing association member and alternate to all handlers of record by registered or mittee and approved by the Secretary. member on the board shall be the asso­ certified mail. A box rental shall be paid by the com­ ciation nominees for member and alter­ 19. In the first sentence of § 989.59 mittee to producers or handlers for boxes nate member of the committee. (f), delete the words “any raisins ac­ used in storing reserve or surplus ton-

No. 67- FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5692 PROPOSED RULE MAKING nage raisins beyond the crop year of member of one thirty-fifth of the total itations stated hereafter. A report of acquisition in accordance with a rental number of producers. Producer repre­ such review and modification shall be schedule established by the committee sentation shall be reviewed each 5 years prepared and submitted to the Secre­ and approved by the Secretary. Any and changes made as necessary to main­ tary. handler may request the committee at tain this representation. In any district (b) The salable quantity and the pro­ any time after July 15, by registered or where the representation would be re­ ducer allotment percentage shall not be certified mail, to remove all surplus ton­ duced, all members’ terms would be ter­ modified once established by the Secre­ nage raisins held for £he account of the minated and new nominations and selec­ tary. committee and remaining in his pos­ tions for the reduced number of positions (c) A recommendation for modifica­ session from any previous crop year, and shall be made.” tion of the desirable free tonnage shall at any time after July 15 of any crop year §§ 989.39, 989.39b [Amended] occur no later than August 15 prior to the may request removal of all surplus ton­ crop year to which it applies. nage raisins remaining in his possession 27. Consider revising §§ 989.39 and (d> The committee shall recommend from the current crop year, and may re­ 989.39b to provide: “Effective with the an increase in the free percentage and quest that the committee provide the term of office beginning June 1, 1968, a decrease in the surplus percentage if necessary containers for such removal. each producer member and alternate necessary to supply handlers with a free In this event, the committee shall make producer member shall represent, as tonnage equal to the desirable free ton­ the removal by September 15 of the sub­ nearly as possible, one-eighth of the total nage. number of producers. Producer repre­ sequent crop year, supplying the neces­ § 989.56 Establishment. sary containers if so requested. If any sentation shall be reviewed each 5 years handler makes such a request, the com­ and changes made in the nominations (a) If for any crop year the Secretary mittee shall immediately give notice and selections so as to maintain this finds, on the basis of the committee’s thereof to the Secretary. representation.” recommendation or other information, * * * * * 28. Delete present §§ 989.54, 989.55, that limiting the quantity of raisins that 989.56, and insert the following in lieu may be freely marketed from any crop 24. Revise paragraph (a) of § 989.68 thereof: would tend to effectuate the declared to read: policy of the act, he shall determine the § 989.54 Marketing policy. § 989.68 Disposal of surplus raisins. salable quantity of raisins of any varietal

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5693

his continuing to make a bona fide effort § 989.66 [Amended] d. On February 15 (or the following to produce at least a portion of his an­ 30. Delete those provisions of § 989.66 business day) the committee shall deter­ nual allotment. relating to reserve tonnage. mine a final free tonnage percentage (b) Additional allotment bases. Each 31. Delete present § 989.67 and insert based on the latest crop estimate and crop year the committee shall consider in lieu thereof the following: which will release through the free ton­ the need for granting, and if appropriate nage outlet that amount of tons equal to grant, with the approval of the Secre­ § 989.67 Excess over allotments. the “desirable free tonnage”; and han­ tary, additional allotment bases, to (a) General. Raisins that are in ex­ dlers shall purchase such increase of free either a new producer or an existing cess of an effective individual producer tonnage at not less than the prices paid producer, for such purposes as satisfy­ annual allotment, or the total of such each respective grower for free ton­ ing the demand for one or more varieties, allotments to members of a cooperative nage acquired prior to the change of providing more equitable allotment bases marketing association, shall be excess percentage. or adjusting the total of all allotment surplus raisins. Such excess raisins may bases to the trade demand. Administra­ be sold or transferred to producers ca­ C. W. Bonner, President of the Bonner pable of using them to satisfy a deficiency Packing Co., Fresno, Calif., submitted on tion of this provision shall be in accord­ behalf of certain major raisin packers, ance with such rules'and regulations as of production relative to their annual the following amendatory proposals and the committee, with the approval of the allotment. However, no handler shall requested that they be included in this Secretary, may prescribe. acquire or handle excess surplus raisins notice of hearing. (c) Issuance of annual allotments. except for the account of the committee. As early as possible in each calendar Any producer, or dehydrator selling or 33. Amend § 989.27 by deleting the first year, the committee shall issue to each delivering such excess to other than the sentence and revising the remainder to producer an annual allotment deter­ committee or its designees or to a pro­ read: mined by applying the allotment per­ ducer satisfying a deficiency, as provided §989.27 Eligibility. centage established pursuant to § 989.56 in this paragraph, shall be a handler rel­ to the producer’s allotment base. The ative to such transaction. Any producer No person shall be selected or continue committee shall require each producer may dispose of excess surplus raisins of to serve as a member or alternate mem­ to qualify for his allotment by filing with his own production within his own live­ ber of the board, who is not actively the committee an RAC Form wherein stock feeding or other farming operation, engaged in the business of the group the producer states such things as where or, may deliver them to the committee which he represents, either in his own he intends to produce his annual allot­ for inclusion in the excess portion of the behalf, or as an officer, agent, or em­ ment, the acreage he intends to harvest, surplus pool. ployee of a business unit engaged in such changes of location, if any, and such (b) Pooling. Excess surplus raisins business: Provided, That in order to other information as is necessary to ad­ held by a handler or other designee of qualify for eligibility a producer shall minister this part. Where a producer’s the committee and those delivered di­ have produced at least 25 tons of raisins acreage will be insufficient to produce rectly to the committee or its designee during the calendar year immediately his computed annual allotment, the shall be disposed of as soon as practicable preceding, or shall have produced raisins committee shall make an appropriate in nonhuman consumption outlets, at the o n ------percent of his grape acreage reduction in the allotment it issues. The best terms and conditions obtainable, and during such calendar year: Provided fur­ committee shall recognize any assign­ the proceeds, after deduction of expenses, ther, That any handler eligible to repre­ ment of an annual allotment, or portion shall be returned to the equity holders. sent a particular size group at the time thereof, by a producer to a dehydrator of his selection who later falls in a dif­ The Raisin Bargaining Association, ferent size group shall continue to repre­ or another producer delivering the as­ Fowler, Calif., a nonprofit cooperative signor’s allotted quantity, in whole or sent for the entire term the size group association, submitted the following for which he was selected. part, and shall issue authorizations amendatory proposal and requested that whereby handlers may receive the vari­ it be included in this notice of hearing. § 989.29 [Amended] etal type from the assignees. §§ 989.63,989.64 [Amended] 34. Revise the second sentence of sub- § 989.64 Transfers. 32. Revise §§ 989.63, 989.64, and other paragraph (2), § 989.29(b), to read: (a) Of locations: A producer may provisions as necessary to achieve volume “Any such producer so engaged in any transfer from the location(s) where he regulation by providing for free and sur­ of the districts, and qualifying under the plus tonnages as indicated in the proviso of § 989.27, may be nominated to produces his annual allotment to other represent any district * * land which he owns, rents, or leases, ex­ following: cept that if he is leasing or renting the a. On or before September 1 of each 35. Delete all references to the reserve original land, no further annual allot­ crop year the committee shall determine pool throughout the marketing order the desirable amount of tons to be re­ and make conforming changes where ments shall be issued unless the owner necessary. of such land consents to. the transfer. leased through the free tonnage outlet The committee shall, by such means as for each crop year. This tonnage shall 36. Revise § 989.54 to read as follows: are provided in § 989.63(c), obtain infor­ be designated as “desirable free tonnage”. § 989.54 Marketing policy. mation as to the location(s) where each b. During the forepart of any crop year Producer intends to produce each annual in which the designation of preliminary No later than August 15 of each crop allotment. percentages is anticipated, and prior to year, the committee shall hold a meet­ the effective time of such designations, ing to formulate and adopt a marketing (b) To another producer: A producerhandlers may be required by the com­ policy for the marketing of raisins in the may transfer all or part of an allotment mittee, with the approval of the Secre­ succeeding crop year, and shall recom­ base from himself to another producer, tary, to set aside a specified portion of mend to the Secretary a desirable free but if the transferor is not the owner of their acquisitions for the account of the tonnage applicable to such crop year. the .producing acreage, the concurrence committee and under its control. The committee shall submit promptly to of the owner shall be required prior to the c. On or before October 5 of each crop the Secretary, a report setting forth its committee’s granting an annual allot­ year the committee shall determine a marketing policy for the regulation of ment on such allotment base. Also, such preliminary free tonnage percentage; the handling of raisins in such crop year. a transfer shall be recognized only upon this percentage shall release a prelimi­ The report shall include the data and in­ the transferor and transferee so notify­ nary free tonnage equal to 85 percent of formation used by the committee in ing the committee in writing and the the “desirable free tonnage.” In com­ formulating the marketing policy, and transferee submitting evidence of capa­ puting the preliminary free tonnage the recommendation of the board. In bility to produce and harvest the annual percentage the committee shall use the developing the marketing policy the allotment referable thereto. latest raisin production estimate as re­ committee shall give consideration to The committee shall administer leased by the California Crop and Live­ the following factors with respect to any this section pursuant to rules and regula­ stock Reporting Service and any other varietal type on which volume regula­ tions established by the committee with data which normally is used in arriving tion is intended for the forthcoming crop the approval of the Secretary. at the crop estimate. year: FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5694 PROPOSED RULE MAKING

(a) The estimated tonnage held by handlers shall be prohibited from using “All handler compensation shall be re­ producers, handlers and for the account such practices during the period Sep­ viewed annually and shall be paid at of the committee at the beginning of the tember 1,1967, through August 31,1969.” least (quarterly) (monthly) as earned.” crop year; 40. Amend § 989.63 by designating 43. In § 989.68, designate paragraph (b) The expected general quality and paragraph (c) as (f), revising para­ (h) as paragraph (i), and add a new any intended modifications of the mini­ graphs (a) and (b), and adding new paragraph (h) reading: mum grade standards; paragraphs (c), (d), and (e) to read: § 989.68 Disposal o f surplus raisins. (c) The estimated tonnage of stand­ § 989.63 Recommendation for designa­ ***** ard and off-grade raisins which will be tion o f percentages. produced; (h) If the committee fixes rnlnimimt (d) The estimated trade demand for (a) If the committee concludes, which packer resale prices pursuant to provi­ such raisins in free tonnage outlets; shall occur no later than October 10 sions of a sales agreement covering sur­ (e) An estimated desirable carryout of the crop year, that the tonnage of plus tonnage raisins, it shall review an­ at the end of the crop year for free ton­ standard raisins produced, of the appli­ nually the packer margin, shrinkage nage and, if applicable, for surplus cable varietal type, materially exceeds allowance, and other factors which make tonnage; the desirable free tonnage established by up the spread between the committee’s (f) The estimated market require­ the Secretary, it shall recommend free sale price and the minimum packer re­ ments for such raisins outside free ton­ and surplus percentages to the Secretary. sale price. With respect to such packer nage outlets, considering the estimated The committee may recommend such margin, beginning with the crop year world raisin supply and demand situa­ percentages separately for each varietal and occurring at least every fifth crop tion; type except that no percentages may be year thereafter, the committee shall (g) Current prices being received and recommended on a varietal type for cause individual audits to be made of the probable general level of prices to be which a desirable free tonnage was not packer costs. Such audits shall be made received for such raisins by producers previously established. The committee by a recognized auditing organization and handlers; also shall submit, together with any rec­ and the resulting data shall be considered ommendation with respect to percent­ by the committee in its annual reviews. (h) The trend and level of consumer ages, the information on the basis of income; which such recommendation was made, * * * * * * (i) The recommendation to the Sec­ § 989.97 [Amended] retary as to the tonnage of standard and the recommendation of the board. The committee shall file with its recom­ 44. Consider modifying § 989.97 Ex­ raisins which handlers may acquire and mendation to the Secretary a verbatim use as free tonnage during the crop year hibit B so as to correlate it with proposed (referred to as the “desirable free ton­ record of that portion of its meeting modifications in § 989.59. or meetings relating to the free and sur­ 45. Make such other changes in the nage”) ; plus percentages. (j ) Any prohibition of trade practices, marketing agreement and order as may pursuant to § 989.62, intended for the (b) The committee shall give prompt be necessary to make the entire market­ and reasonable publicity to producers, ing agreement and order conform to any crop year; and dehydrators, and handlers of each meet­ (k) Any other pertinent factors bear­ amendment which may result from this ing to consider the recommendation of hearing. ing on the marketing of such raisins in­ percentages and each such meeting shall cluding the estimated supply of and de­ Copies of this notice may be obtained be open to them. The committee shall from the field offices of the Fruit and mand for other varietal types and reg­ also give similar notice to producers, de­ ulations applicable thereto. Vegetable Division, Consumer and Mar­ hydrators, and handlers of all such rec­ keting Service, U.S. Department of Agri­ 37. Delete the provisions of § 989.55 ommendations submitted to the Secre­ culture, either at Room 836, 630 Sansome and substitute the following: tary. Street, San Francisco, Calif. 94111, or § 989.55 Establishment. (c) If on the basis of the committee’s at 3525 East Tulare Street, Fresno, Calif. recommendation and other information, 93702, or at the offices of the Raisin Ad­ If on the basis of the committee’s the Secretary concurs as to the need for recommendation or other information ministrative Committee, 606 East Bel­ volume regulation, he shall establish, as mont Avenue, Fresno, Calif. 93720. the Secretary concurs in the likely need soon as practicable, free and surplus per­ for volume regulation, he shall estab­ centages, and the sum of such percent­ Dated: April 3,1967. lish the desirable free tonnage which ages for any crop year shall equal 100 C l a r e n c e H. G ir ard, handlers may acquire and use in the percent. crop year. Deputy Administrator, (d) No later than February 15 of the Regulatory Programs. 38. Revise subdivision (i) of § 989.59 crop year in which percentages are esr (a) (2) to read: tablished, the committee shall determine [F.R. Doc. 67-3836; Filed, Apr. 6, 1967; ,8:47 a.m.] § 989.59 Regulation of the handling of whether the free percentage is large raisins subsequent to their acquisi­ enough to supply handlers with the de­ tion by handlers. sirable free tonnage. If not, the com­ mittee shall recommend new free and [ 7 CFR Parts 1001-1004, 1015, 1016, (a) Regulation. * * * (2) * * * (i) surplus percentages which will result in 1094, 1096, 11031 With respect to natural (sun-dried) a free tonnage equal to the desirable free [Docket No. AO 293-A16, etc.] Thompson Seedless, natural (sun-dried) tonnage. If the Secretary concurs as to Muscat, natural (sun-dried) Sultana and the need for such change, appropriate MILK IN WASHINGTON, D.C., AND Valencia raisins, “U.S. Grade C” as de­ new percentages shall be established: CERTAIN OTHER MARKETING AREAS fined in effective U.S. Standards for Provided, That no such new percentage Grades of Processed Raisins, except “U.S. shall decrease the free percentage ini­ Notice of Hearing on Proposed Grade B” for the factors of maturity, tially designated by the Secretary. undeveloped berries, pieces of stem, and Amendments to Tentative Market­ (e) The Secretary shall notify the ing Agreements and Orders capstems; and with respect to artificially committee promptly of each percentage dehydrated Sultana, Golden Seedless, so fixed. The committee shall give Sulphur Bleached, and Soda Dipped prompt and reasonable publicity thereof 7CFR Marketing area Docket No. raisins, “U.S. Grade C” as defined in to producers and shall notify handlers part effective U.S. Standards for Grades of and dehydrators of such percentages by Processed Raisins, except “U.S. Grade registered or certified mail. 1001 Massachusetts-Rhode AO 14-A38-R02. B” for the factors of maturity and un­ Island. ***** 1002 New York-New Jersey. AO 71-A52. developed berries. * * * 1003 Washington, D.C...... VO 293-A16. § 989.64 [Deleted] 1004 Delaware Valley______AO 160-A33. * * * * * 1015 Connecticut______AO 305-A17. § 989.62 [Amended] 41. Delete § 989.64. 1016 Upper Chesapeake B ay.. AO 312-A12. 1094 New Orleans______AO 103-A25. 39. At the end of the first sentence of § 989.66 [Amended] 1096 Northern Louisiana. AO 257-A15. § 989.62 change the period to a colon 42. After the second sentence of 1103 Mississippi______AO 346-A5. and add the following: “Provided, That § 989.66(f), insert a sentence reading: FEDERAL REGISTER, VOL. 32, NO. 67— -FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5695

Pursuant to the provisions of the Agri­ [7 CFR Parts 1005, 1008, 1009, 1011, decision in connection with any emer­ cultural Marketing Agreement Act of 1033—1036, 1040, 1041, 1043, gency amendatory action that may be 1937, as amended (7 U.S.C. 601 et seq.), 1046-1049, 1090, 1101 ] required with respect to any of the afore­ and the applicable rules of practice and said orders. [Docket No. AO 179-A29, etc.] procedure governing the formulation of This notice is issued in response to a marketing agreements and marketing MILK IN NORTHEASTERN OHIO AND request by cooperative associations of CERTAIN OTHER MARKETING AREAS producers, dairy farmers, and milk orders (7 CFR Part 900), notice is hereby handlers supplying milk to most of the given of a public hearing to be held at Notice of Hearing on Proposed areas in which, the handling of milk is the Departmental Auditorium, Constitu­ Amendments to Tentative Mar­ regulated by Federal milk orders. These tion Avenue between 12th and 14th keting Agreements and Orders persons have requested that Class I milk Streets, NW., Washington, D.C., begin­ price levels established under these orders be reconsidered at this time. ning at 9:30 a.m., local time, on April 7 CFR Marketing area Docket No. part The aforesaid proposals have not re­ 14, 1967, to consider proposed amend­ ceived the approval of the Secretary of ments to the tentative marketing agree­ 1005 Tri-State...... AO 177-A29. Agriculture. ments and to the orders, regulating the 1008 W heeling______AO 268-A13. 1009 Clarksbùrg______AO 268-A13. Signed at Washington, D.C., on April handling of milk in the Washington, 1011 Appalachian...... AO 251-A9. 4,1967. 1033 Cincinnati______AO 16S-A34. C l a r e n c e G ir a r d , D.C., Massachusetts-Rhode Island, New 1034 Dayton-Springfield...... AO 175-A25-R91. H. York-New Jersey, Delaware Valley, Con­ 1035 Columbus______AO 176-A22. Deputy Administrator, 1036 Northeastern Ohio______AO 179-A29. Regulatory Programs. necticut, Upper Chesapeake Bay, New 1040 Southern Michigan_____ AO 225-A18. Orleans, Northern Louisiana and Missis­ 1041 Northwestern Ohio...... AO 72-A31. [F .R . D oc. 67-3864; Filed, Apr. 6, 1967; 1043 Upstate Michigan______AO 247-All. 8 :49 a.m .] sippi marketing areas to reflect appro­ 1046 Louisville-Lexington- AO 123-A32. Evansville. priate Class I prices in light of economic 1047 Fort Wavne______AO 33-A36. [ 7 CFR Parts 1031, 1032, 1038,r 1039, 1048 Youngstown-Warren____ AO 325-A9. and marketing conditions. With respect 1049 Indianapolis...... AO 319-A9. 1044, 1045, 1050, 1051, 1062- to the order regulating the handling of 1090 Chattanooga...... __ . .. AO 266-A8. 1101 Knoxville...... AO 195-A 15. 1064, 1067, 1068, 1070, 1071, milk in the Massachusetts-Rhode Island 1078, 1079, 1097- 1099, 1102, marketing area, this hearing represents Pursuant to the provisions of the Agri­ 1104, 1106, 1108, 1120, 1126- a reopening for the limited purpose cultural Marketing Agreement Act of 1130, 1132, 1138 1 stated herein of the public hearing previ­ 1937, as amended (7 U.S.C. 601 et seq.), [Docket No. AO 23—A32-R02, etc.] ously held under Docket No. AO 14-A38. and the applicable rules of practice and MILK IN KANSAS CITY AND CER­ The public hearing is for the purpose procedure governing the formulation of TAIN OTHER MARKETING AREAS of receiving evidence with respect to the marketing agreements and marketing orders (7 CFR Part 900), notice is hereby Supplemental Notice Reopening economic and emergency marketing given of a public hearing to be held at conditions which relate to the appropri­ the Statler-Hilton Hotel, Euclid and Hearing on Proposed Amendments ate levels of Class I prices. At the hear­ East 12th Street, Cleveland, Ohio, on to Tentative Marketing Agree­ ing, evidence also will be received on the April 13, 1967, beginning at 9:30 am., ments and Orders question of whether the due and timely local time, to consider proposed amend­ execution of the functions of the Secre­ ments to the tentative marketing agree­ 7C FR Marketing area Docket No. ments and to the orders, regulating part tary imperatively and unavoidably re­ the handling of milk in the North­ quires the omission of a recommended 1031 Northwestern Indiana__ AO 170-A23-R02. eastern Ohio, Tri-State, Wheeling, 1032 Southern Illinois______AO 313-A13-R02. decision in connection with any emer­ Clarksburg, Appalachian, Cincinnati, 1038 Rock River Valley____ AO 194-A16-R02. 1039 Milwaukee___ _■______AO 212-A21-R02. gency amendatory action that may be Dayton-Springfield, Columbus, Southern 1044 Michigan Upper Penin- AO 299-A12-R02. required with respect to any of the afore­ Michigan, Northwestern Ohio, Upstate sula. Michigan, Louisville-Lexington-Evans- 1045 Northeastern Wisconsin.. AO 334-A11-R02. said orders. 1050 Central Illinois______AO 355-A2-R02. This notice is issued in response to a ville, Fort Wayne, Youngstown-Warren, 1051 Madison...... ______AO 329-A7-R02. Indianapolis, Chattanooga, and Knox­ 1062 St. Louis...;____:____... AO 10-A38-R02. request by cooperative associations of 1063 Quad Cities-Dubuque__ AO 105-A26-R02. ville marketing areas to reflect appro­ 1064 Kansas City______AO 23-A32-R02. producers, dairy^ farmers, and milk han­ priate Class I prices in light of economic 1067 Ozarks______AO 222-A22-R02. 1068 Minneapolis-St. Paul____ AO 178-A20-R02. dlers supplying milk to many of these and marketing conditions. 1070 Cedar Rapids-Iowa City. AO 229-A17-R02. areas in which the handling of milk is This hearing represents a reopening 1071 Neosho Valley______AO 227-A20-R02. for the limited purposes stated herein of 1078 North Central Iowa____ AO 272-A12-R02. regulated by Federal milk orders. These 1079 Des Moines______. . . . AO 295-A14-R02. the public hearing previously held under 1097 Memphis____v______AO 219-A20-R02. persons have requested that Class I milk Docket No. AO 175-A25 with respect to 1098 Nashville______AO 184-A25-R02. price levels established under these or­ 1099 Paducah______AO 183-A18-R02. the order regulating the handling of milk 1102 Port Smith______AO 237-A15-R05. ders be reconsidered at this time. in the Dayton-Springfield marketing 1104 Red River Valley______AO 298-A10-R02. 1106 Oklahoma Metropolitan.. AO 210-A23-R02. The aforesaid proposals have not re­ area. 1108 Central Arkansas__ ■____ AO 243-A17-R02. ceived the approval of the Secretary of The public hearing is for the purpose 1120 Lubbock-Plain view_____ AO 328-A7-R02. 1126 North Texas..______AO 231-A30-R02. Agriculture. of. receiving evidence with respect to the 1127 San Antonio______AO 232-A17-R02. economic and emergency marketing con­ 1128 Central West T exas..___ AO 238-A19-R02. Signed at Washington, D.C., on April ditions which relate to the appropriate 1129 Austin-Waco______AO 256-A13-R02. 4, 1967. 1130 Corpus Christ!______AO 259-A16-R02. levels of Class I prices. At the hearing, 1132 Texas Panhandle. . . ____ AO 262-A14-R02. C l a r e n c e H. G ir a r d , evidence also will be received on the 1138 Rio Qrande Valley_____ AO 335-A10-R02. Deputy Administrator, question of whether the due and timely Regulatory Programs. execution of the functions of the Secre­ This notice is supplemental to the [PR. Doc. 67-3865; Filed, Apr. 6, 1967; tary imperatively and unavoidably re­ notice of hearing which was published in 8 :5 0 a.m .] quires the omission of a recommended the F ed e r a l R e g is t e r of January 19,

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5696 PROPOSED RULE MAKING

1967 (32 FJR. 613), and the supplemental Pursuant to the provisions of the Agri­ of 1937, as amended (7 U.S.C. 601 et notice published February 7, 1967 (32 cultural Marketing Agreement Act of seq.), and the applicable rules of prac­ F.R. 2573), with respect to proposed 1937, as amended (7 U.S.C. 601 et seq.), tice and procedure governing the for­ amendments to the tentative marketing and the applicable rules of practice and mulation of marketing agreements and agreements and to the orders regulating procedure governing the formulation of marketing orders (7 CFR Part 900), no­ the handling of milk in the respective marketing agreements and marketing tice is hereby given that the time for marketing areas designated hereinbefore. orders (7 CFR Part 900), notice is here­ filing exceptions to the recommended Further notice is hereby given pur­ by given of a public hearing to be held decision with respect to the proposed suant to the provisions of the Agricul­ at the Brown Palace Hotel, Ballroom A, amendments to the tentative marketing tural Marketing Agreement Act of 1937, 17th and Tremont Street, Denver, Colo., agreement and to the order regulating as amended (7 U.S.C. 601 et seq.), and beginning at 9:30 a.m., local time, on the handling of milk in the Central West the applicable rules of practice and pro­ April 11, 1967, to consider proposed Texas marketing area, which was issued cedure governing the formulation of amendments to the tentative marketing March 27, 1967 (32 F.R. 5371), is hereby marketing agreements and marketing agreements and to the orders, regulat­ extended from April 4, 1967, to April 14 orders (7 CFR Part 900), that the afore­ ing the handling of milk in the Eastern 1967. said hearing will be reopened at the Colorado, Minnesota-North Dakota, Gateway Hotel, 822 Washington Boule­ Nebraska-Western Iowa, Sioux City, Signed at Washington, D.C., on April vard, St. Louis, Mo., beginning at 9:30 Iowa, Duluth-Superior, Black Hills, 3, 1967. a.m., local time, April 12, 1967. South Dakota, Eastern South Dakota, C l a r e n c e H. G ir a r d , This reopened hearing is for the pur­ Puget Sound, Central Arizona, Inland Deputy Administrator, pose of receiving evidence with respect Empire, Western Colorado, Wichita, and Regulatory Programs. to the economic and emergency market­ Great Basin marketing areas to reflect [FJEt. D oc. 67-3835; K le d , Apr. 6, 1967; ing conditions which relate to the ap­ appropriate Class I prices in light of 8 :4 7 a.m .] propriate levels of the fixed differentials economic and marketing conditions. used to determine Class I prices without With respect to the orders regulating the [ 7 CFR Part 1205 ] limiting such evidence to the high and handling of milk in the Minnesota-North COTTON RESEARCH AND Dakota and Central Arizona, marketing low differentials currently contained in PROMOTION the orders. At the hearing, evidence areas this hearing represents a reopen­ also will be received on the question of ing for the limited purposes stated herein Cotton Board Rules and Regulations whether the due and timely execution of of the public hearing previously held un­ The Cotton Research and Promotion the functions of the Secretary impera­ der Docket Nos. AO 360 and AO 271- Order (31 F.R. 16757), established pur­ tively and unavoidably requires the omis­ A12. suant to the Cotton Research and Pro­ sion of a recommended decision in con­ The public hearing is for the purpose motion Act (80 Stat. 279; 7 U.S.C. 2101 nection with any emergency amendatory of receiving evidence with respect to the et seq.), provides in § 1205.327(b) that action that may be required with respect economic and emergency marketing con­ the Cotton Board shall have the power to to any of the aforesaid orders. ditions which relate to the appropriate levels of Class I prices. At the hearing, make rules and regulations, subject to This supplemental notice is issued in the approval of the Secretary of Agri­ response to a request by cooperative as­ evidence also will be received on the ques­ culture, to effectuate the terms and pro­ sociations of producers, dairy farmers, tion of whether the due and timely ex­ visions of the order, including the desig­ and milk handlers supplying milk to ecution of the functions of the Secretary nation of the handler responsible for many of these areas in which the han­ imperatively and unavoidably requires collecting the producer assessment of $1 dling of milk is regulated by Federal milk the omission of a recommended decision per bale for cotton research and promo­ orders. These persons have requested in connection with any emergency tion. that Class I milk price levels established amendatory action that may be required with respect to any of the aforesaid The Cotton Board has formulated and under these orders be reconsidered at submitted to the Secretary of Agriculture this time. orders. This notice is issued in response to a for approval the regulations hereinafter Signed at Washington, D.C., on April 4, request by cooperative associations of set forth with respect to the $1 per bale 1967. producers, dairy farmers, and milk han­ assessment, collecting and reporting C l a r e n c e H. G ir a r d , dlers supplying milk to many of these handlers, refunds of assessments, reports Deputy Administrator, areas in which the handling of milk is and records, and related matters. The Regulatory Programs. regulated by Federal milk orders. These Cotton Board has recommended that the [F.R. Doc. 67-3863; Filed, Apr. 6, 1967; persons have requested that Class I milk regulations become effective June 1, 1967. 8:4 9 a.m .] price levels established under these or­ The Secretary has not approved these ders be reconsidered at this time. regulations. Prior to such approval, the [ 7 CFR Parts 1060,1065, Ì066, 1069, The aforesaid proposals have not re­ Secretary desires to give persons subject 1073, 1075, 1076, 1125, 1131, ceived the approval of the Secretary of to the regulations an opportunity to ex­ Agriculture. 1133, 1134, 1136, 1137 1 press their views. [Docket No. AO 326-A12, etc.] Signed at Washington, D.C., on April The regulations are as follows : 4, 1967. MILK IN EASTERN COLORADO AND C l a r e n c e H . G ir a r d , Subpart'— Cotton Board Rules and Regulations CERTAIN OTHER MARKETING AREAS Deputy Administrator, Definitions Notice of Hearing on Proposed Regulatory Programs. Sec. 1205.500 Terms defined. Amendments to Tentative Market­ [F.R. Doc. 67-3862; Filed, Apr. 6, 1967; ing Agreements and Orders 8 :4 9 a.m .] General 1205.505 Communication. I 7 CFR Part 1128 ] 7 CFR Marketing area Docket No; Assessments part {Docket No. AO 238-A20] 1205.510 Levy of assessment. MILK IN CENTRAL WEST TEXAS 1060 Minnesota-North Dakota. AO 360-R02 1205.511 Payment and collection. 1065 Nebraska-Western Iowa.. AO 86-A22 MARKETING AREA 1205.512 Collecting handlers and time of 1066 Sioux City, Iowa______AO 122-A16 collection. 1069 Duluth-Siiperior______AO 153-A14. Notice of Extension of Time for Fil­ 1205.513 Remittance to Cotton Board. 1073 Wichita...... ______AO 173-A20. 1075 Black Hills, S. Dak_____ AO 248-A8. ing Exceptions to Recommended 1205.514 Receipts for payment of assess­ 1076 Eastern South Dakota__ AO 260-All. m e n ts. 1125 Puget Sound ... AO 226-A17. Decision on Proposed Amendments 1131 Central Arizona ...... AO 271-A12-R01. to Tentative Marketing Agreement R efunds 1133 Inland Empire______AO 275-A16. 1134 Western Colorado______AO 301-A7. and to Order 1205.520 Procedure for obtaining refund. 1136 Great Basin______AO 309-All. 1137 Eastern Colorado . . . . AO 326-A12. Pursuant to the provisions of the Warehouse R eceipts Agricultural Marketing Agreement Act 1205.525 Entry of gin code number.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5697

R eports and Records assessment shall be payable and collected (d) Any person who purchases cotton 1205.530 Ginners reports. only once on each bale. in the cotton field where produced or 1205.531 R ecords. §1205.511 Payment and collection.. who purchases seed cotton from the pro­ 1205.532 Retention period for reports and ducer of the cotton shall be the collecting records. The assessment shall be paid by the handler. The handler shall collect the 1205.533 Availability of reports and records. producer of the cotton to the collecting assessment at the time such cotton is Confidential Information handler designated in § 1205.512. If ginned. The handler shall give the pro­ 1205.540 Confidential books, records, and more than one producer shares in the ducer a receipt indicating payment of rep orts. proceeds received from a bale, each such the assessment. producer is obligated to pay that por­ (e) Any person who consumes domes­ Subpart— Cotton Board Rules and tion of the assessment which is equiva­ tically or exports cotton of his own pro­ Regulations lent to his proportionate share of the duction shall be the collecting handler proceeds. Failure of the handler to col­ for such cotton. Such handler shall pay D e f i n i t i o n s lect the assessment on each bale shall the assessment to the Cotton Board at § 1205.500 Terms defined. not relieve the handler of his obligation the time the cotton is consumed or As used throughout this subpart, un­ to remit the assessment to the Cotton exported. less the context otherwise requires, the Board as required in §§ 1205.512 and (f) Any person who obtains ownership following terms shall mean: 1205.513. of a bale of cotton from the producer of (a) “ASCS”^ means the Agricultural § 1205.512 Collecting handlers and the cotton by transfer of any kind or by Stabilization and Conservation Service time of collection. any means, under conditions other than of the U.S. Department of Agriculture. those described in paragraph (a), (b), (b) “Cotton Board” means the ad­ Collecting handlers and the time of (c), or (d) of this section shall be the ministrative body established pursuant collecting the $1 per bale assessment collecting handler for such cotton. Such to the Cotton Research and Promotion shall be as follows: handler shall collect the assessment at Order. (a) Except as provided in paragraph the time he takes ownership of the cot­ (c) “CCC” means the Commodity (b) of this section, any person who pur­ ton. The handler shall give the producer Credit Corporation. chases a bale of cotton from the pro­ a receipt indicating payment of the (d) “Form A” means Cotton Pro­ ducer of the cotton shall be the collect­ assessment. ducer’s Note, Form CCC Cotton A. ing handler for such cotton. The han­ (g) In the event of a producer’s death, (e) “Gin code number” means the dler shall collect the assessment at the bankruptcy, receivership, or incapacity identification number assigned to each time the handler first makes any pay­ to act, the representative of the producer, cotton giirby the Cotton Division, Con­ ment or any credit to the producer’s or his estate, or the person acting on be­ sumer and Marketing Service, U.S. De­ account for the cotton. The handler half of creditors, shall be considered the partment of Agriculture. shall give the producer a receipt indicat­ producer of the cotton for the purposes ing payment of the assessment. of this section and § 1205.520. (f) “Handle” means to harvest, gin, (b) Any cooperative marketing asso­ warehouse, compress, purchase, market, § 1205.513 Remittance to Cotton Board. transport, or otherwise acquire owner­ ciation or other person that accepts a ship or control of cotton. bale of cotton from the producer of the Each collecting handler shall transmit (g) “Handler” means any person who cotton under an oral or written contract assessments and reports on assessments handles cotton, including CCC. or agreement providing for the market­ to the Cotton Board as follows: (h) “Marketing” means any sale of ing of the cotton shall be the collecting (a) Reporting periods. Each calen­ cotton, or the pledging of cotton to CCC handler for such cotton. Such associa­ dar month shall be divided into two re­ as collateral for a price support loan. - tion or person shall collect the assess­ porting periods beginning respectively (i) “Marketing year” means a con­ ment regardless of whether the cotton at the opening of business on the 1st and secutive 12-month period ending on is marketed or tendered to CCC for price 16th day of the month and ending re­ July 31. support loan. The handler shall collect spectively at the close of business on the the assessment at the time the handler 15th and last day of the month. (j) “Person” means any individual, first makes any cash advance, any pay­ partnership, corporation, association, or ment, or any credit to the producer’s (b) Reports. Each collecting han­ any other entity, whether governmental account for the cotton. The handler dler shall make reports on forms made or private. shall give the producer a receipt indicat­ available or approved b y . the Cotton (k) “Producer” means any person ing payment of the assessment. Board. Each collecting handler shall who owns or shares in a cotton crop (or (c) For bales of cotton tendered to prepare a separate report form each in the proceeds thereof) as landowner, CCC for Form A loan, except bales reporting period for each gin from which landlord, tenant, or sharecropper. tendered pursuant to paragraph (b) of such handler handles cotton on which he (l) “Secretary” means the Secretary this section: is required to collect the assessment dur­ of Agriculture of the United States, or ing the reporting period. Each report any officer or employee of the U.S. De­ (1) The ASCS County Office shall be shall be mailed in duplicate to the Cot­ partment of Agriculture to whom au­ the collecting handler except as pro­ ton Board within 10 days after the close thority has heretofore been delegated, vided in subparagraph (2) of this para­ of the reporting period and shall contain or to whom authority may hereafter be graph. The ASCS County Office shall the following information: delegated, to act in his stead. collect the assessment when it makes dis­ ( 1 ) Date of report. bursement based on the Form A loan (2) Reporting period covered by G e n e r a l documents. The producer’s copy of the report. § 1205.505 Communication. Cotton Producer’s Note (Form CCC Cot­ ton A) shall show payment of the assess­ (3) Gin code number. All reports, requests and applications ment and shall constitute the producer’s (4) Name and address of handler. for refunds and communications in con­ receipt for payment of the assessment. (5) Listing of all producers from nection with the cotton research and (2) Any person (other than an ASCS whom the handler was required to col­ Promotion order shall be addressed as County Office) who advances to the pro­ lect the assessment, their addresses, and follows: Cotton Board, Post Office Box ducer the loan value of the cotton as total number of bales for each producer 4948, Memphis, Tenn. 38104. shown on a Cotton Producer’s Note on which the handler was required to A s s e s s m e n t s (Form CCC Cotton A) shall be the col­ collect the assessment. § 1205.510 Levy of assessment. lecting handler for such cotton. The (6) Date of last report remitting as­ handler shall collect the $1 per bale sessments to the Cotton Board. An assessment of $1 per bale for cotton assessment at the time the handler (c) Remittances. The collecting han­ research and promotion is hereby levied makes any advance to the producer on dler shall remit all assessments to the on each bale of upland cotton that is the loan value of the cotton. The han­ Cotton Board with the report required Produced from cotton harvested and dler shall give the producer a receipt in paragraph (b) of this section. All ginned on and after June 1, 1967. Such indicating payment of the assessment. remittances sent to the Cotton Board by

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5698 PROPOSED RULE MAKING collecting handlers shall be by check, joint applications, the remittance shall the manner and to the extent provided draft, or money order payable to the be made payable jointly to all eligible for in § 1205.336. order of the “Cotton Board”. All remit­ producers signing the refund applica­ All persons who desire to submit writ­ tances shall be received subject to col­ tion form. Receipts submitted with re­ ten data, views, or arguments in con­ lection and payment at par. fund applications shall be returned to nection with the proposed regulations § 1205.514 Receipts for payment of as­ the producer with his refund by the Cot­ may file the same in triplicate with the sessments. ton Board. Hearing Clerk, Room 112, U.S. Depart­ W a r e h o u s e R e c e ip t s ment of Agriculture, Washington, D.C. Each collecting handler who is re­ 20250, not later than 15 days after pub­ quired by § 1205.512 to give the producer § 1205.525 Entry of gin code number. a receipt showing payment of the $1 per lication of this notice in the F ederal bale cotton research and promotion as­ Any warehouseman receiving a bale of R e g is t e r . All. written submissions made sessment shall include such receipt as cotton ginned on or after June 1, 1967, pursuant to this notice will be made part of the invoice or settlement sheet shall enter the gin code number of the available for public inspection at the for the cotton, or shall give the producer gin at which the bale was ginned on the office of the Hearing Clerk during regu­ a separate receipt form. The document warehouse receipt issued for the bale. lar business hours (7 CFR 1.27(b)). given to the producer as a receipt shall R e p o r t s a n d R ec o r d s Dated: April 5,1967. contain the following information: § 1205.530 Ginners reports. C l a r e n c e H . G ir a r d , (a) Name and address of collecting Deputy Administrator, handler. Each cotton gin in the United States Regulatory Programs. (b) Gin code .number of gin at which shall submit reports to the Cotton Board cotton was ginned. IF.R. Doc. 67-3895; Filed, Apr. 6, 1967; on forms made available or approved by 8 :5 0 a.m .] (c) Name and address of producer the Cotton Board, as follows: who paid assessment. (a) Periodic report. Each gin shall (d) Number of bales on which assess­ report the cumulative number of bales ment was paid. ginned at the gin as of the close of busi­ FEDERAL AVIATION AGENCY (e) Date on which assessment was ness on the following dates during its paid by producer. active ginning operations: July 31; Au­ [ 14 CFR Part 23 1 R e f u n d s gust 15; August 31; September 15; Sep­ l Docket No. 8070; Notice 67-11 j § 1205.520 Procedure for obtaining re­ tember 30; October 17; October 31; No­ fund. vember 13; November 30; December 12; AIRWORTHINESS STANDARDS January 15; and February 28. Such re­ Each cotton producer against whose Small Airplanes Capable of Carry­ ports shall be mailed to the Cotton Board ing More Than 10 Occupants cotton any assessment is made and col­ not later than 5 days after each such lected pursuant to this subpart may ob­ date. The Federal Aviation Agency is con­ tain a refund of such assessment only (b) End-of-season report. Within 10 sidering amending Part 23 of the Fed­ by following the procedures prescribed days following the close of its ginning eral Aviation Regulations to provide ad­ in this section. operations each year but in no event ditional airworthiness standards for (a) Application form. A producer later than February 28, each gin shall small airplanes capable of carrying more shall obtain a refund application form report to the Cotton Board an alpha­ than 10 persons, and intended for use from the Cotton Board. Such form may betical listing of producer names, their under Part 135, “Air Taxi Operators and be obtained by written request to the addresses and the number of bales ginned Commercial Operators of Small Air­ Cotton Board and the request shall bear for each such producer. craft.” the producer’s signature or his properly Interested persons are invited to par­ witnessed mark. § 1205.531 Records. ticipate in the making of the proposed (b) Submission of refund application rule by submitting such written data, to Cotton Board. Any producer request­ Each handler required to make reports pursuant to this subpart shall maintain views, or arguments as they may desire. ing a refund shall mail an application on Communications should identify the the prescribed form to the Cotton Board such books and records as are necessary to verify the reports. regulatory docket or notice number and within 90 days from the date the assess­ be submitted in duplicate to: Federal ment was paid on the cotton. The re­ § 1205.532 Retention period for reports Aviation Administration, Office of the fund application shall show (1) pro­ and records. General Counsel, Attention: Rules ducer’s name and address; (2) collect­ Each handler required to make reports Docket GC-24, 800 Independence Avenue ing handler’s name and address; (3) gin pursuant to this subpart shall retain for SW., Washington, D.C. 20553. All com­ code number; (4) number of bales on at least 2 years beyond the marketing munications received on or before June which refund is requested; (5) date or year of their applicability: (a) One copy 30, 1967, will be considered by the Ad­ inclusive dates on which assessments of each report made to the Cotton Board; ministrator before taking action on the were paid; and (6) the producer’s signa­ and (b) such books and records as are proposed rule. The proposal contained ture or properly witnessed mark. Where necessary to verify such reports. in this notice may be changed in the more than one producer shared in the light of comments received. All com­ assessment payment on cotton, joint or § 1205.533 Availability of reports and ments submitted will be available, both separate refund application forms may records. before and after the closing date for be filed. In any such case the refund ap­ Each handler required to make reports comments, in the Rules Docket for ex­ plication shall show the names, addresses" amination by interested persons. and proportionate shares of all such pro­ pursuant to this subpart shall make available for inspection by the Cotton In an advance Notice of Proposed Rule ducers. The refund application form Making 67-9 issued on March 17,1967 (32 shall bear the signature or properly wit­ Board, including its designated em­ ployees, and the Secretary any reports, F JR. 4500), th^ Agency invited comment nessed mark of each producer seeking on updating, in a number of respects, a refund. books, or records required under this subpart. the rules governing operations under (c) Proof of payment of assessment. Part 135. In addition, in that notice the The receipt given to the producer by the C onfidential I n f o r m a t io n Agency advised the public that it was collecting handler, or a copy thereof, or considering specific proposals for addi­ such other evidence satisfactory to the § 1205.540 Confidential books, records, and reports. tional airworthiness standards for small Cotton Board, shall accompany the pro­ airplanes capable of carrying more than ducer’s refund application. Within 60 All information obtained from the 10 persons, to be used in operations under days from the date the properly executed books, records, and reports of handlers Part 135. application for refund is received by the and all information with respect to re­ During recent months the Agency has Cotton Board, the Cotton Board shall funds of assessments made to individual received several applications' for the make remittance to the producer. For producers shall be kept confidential in type certification, in accordance with the

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5699 current standards of FAR 23, of recipro­ propeller powered airplanes and not to The airspeed limitations and mark­ cating-engine powered airplanes, and turbojet powered airplanes. Additional ings would be shown in terms of V mo/M mo turbopropeller powered airplanes,' de­ study will be required with respect to tur­ instead of the V no/V ne notation of FAR signed to be capable of carrying more bojet powered airplanes to determine 23. Some of the handling qualities re­ than 1 0 persons and intended for use what additional airworthiness standards quirements are redefined for clarification in Part 135 operation. Upon receiving are needed for them. Pending such a with respect to the V mo/M mo speed nota­ these applications, the Agency reviewed study, applications under FAR 23 for tion. Except for this clarification, the them in the light of the current rules re­ type certification of turbojet powered only substantive change would allow lating to the certification and operation airplanes capable of carrying more than static longitudinal stability to be demon­ of small airplanes. As a result of this 10 persons in operations under Part 135 strated over a speed range which is 50 review, it became apparent that the per­ will be treated individually, and special knots above and below the trim speed. tinent airworthiness standards of Part 23 conditions will be established for them The minimum flight crew for these and certain related operating rules of as necessary to insure a level of safety airplanes would be based on pilot work­ Part 135 would be inadequate for air­ comparable to that intended to be load, location and accessibility of con­ planes of that carrying capacity in those achieved by the standards contained trols, and command decisions. The operations. As stated in ANPRM 67-9, herein. flight instruments for attitude, airspeed, this stems from the fact that Parts 23 Concurrently with the issuance of this altitude and direction would be arranged and 135 and their predecessor regula­ NPRM, the Agency is considering addi­ according to the “basic T.’’ tions were originally designed with the tional rulemaking in connection with its Performance information and operat­ certification and operation of lower overall review of FAR 23. There is a ing procedures needed for safe opera­ seating capacity airplanes in mind. possibility that there may be some in­ tion would be included in the Airplane The Agency believes that current regu­ consistency in details or some duplica­ Flight Manual, and a suitable fixed con­ lations do not provide the level of safety tion in the two proposals. Any such in­ tainer for storage of the Airplane Flight required by the Federal Aviation Act of consistencies or duplication will be elim­ Manual would be provided in the cockpit 1958 for the types of operations that will, inated before final rules are adopted by accessible to the pilot. the Agency as a result of either proposal. in the future, be conducted by the vari­ P erformance ous Part 135 operators using airplanes In consideration of the foregoing, it is of that carrying capacity. proposed to amend Part 23 of the Fed­ General, (a) Unless otherwise pre­ Therefore, to ensure that the airplanes eral Aviation Regulations to add the fol­ scribed, compliance with each applicable which are capable of carrying more than lowing provisions: performance requirement must be shown 10 persons, and for which type certifica­ F light for ambient atmospheric conditions and tion applications have been received, still air. will provide the required level of safety, SUMMARY OF PROPOSED FLIGHT (b) The performance must correspond the Agency has developed certain special AIRWORTHINESS REQUIREMENTS to the propulsive thrust available under conditions for the type certification of The proposed flight requirements are the particular ambient atmospheric con­ these airplanes. The special conditions in addition to the flight requirements in ditions and the particular flight condi­ which were developed concern the four FAR 23 and are specifically intended to tion. The available propulsive thrust following areas: establish a minimum level of safety for must, correspond to engine power or (1) Flight. multiengine airplanes which have an thrust, not exceeding the approved power or thrust less— (2) Airframe. occupant capacity of more than 1 0 per­ (3) Propulsion. sons and are intended for operation un­ ' (1) Installation losses; and (4) Systems and equipment. der FAR 135. The flight requirements (2) The power or equivalent thrust The Agency intends that the addition­ for turbopropeller powered airplanes are absorbed by the accessories and services al airworthiness standards proposed the same as for reciprocating-engine appropriate to the particular ambient herein, which are based on the special powered airplanes except for an addi­ atmospheric conditions and the partic­ conditions referred to in the preceding tional requirement relating to the dem­ ular flight condition. paragraph, will apply to small airplanes onstration of static longitudinal stability. (c) Unless otherwise prescribed, the capable of carrying more than 1 0 per­ The additional requirement for turbo­ applicant must select the takeoff, en sons, and are intended for use ip FAR propeller airplanes sets forth appropriate route, and landing configurations for the 135 operations. The additional air­ power settings for static longitudinal airplane. worthiness standards would apply to any stability in a climb. (d) The airplane configuration may airplane, for which the applicant elects Under the proposed performance re­ vary with weight, altitude, and temper­ to comply with the requirements for air­ quirements, affected airplanes would be ature, to the extent they are compatible planes of that capacity and for those required to sustain failure of the critical with the operating procedures required operations, after the date of issuance engine any time after beginning of take­ by paragraph (f) of this section. of this notice. The adoption of these off without hazardous results. A take­ (e) Unless otherwise prescribed, in de­ additional standards is not intended to off decision speed Vi would be deter­ termining the critical engine inoperative preclude an applicant from manufactur­ mined as the speed from which the air­ takeoff performance, the accelerate-stop ing an airplane of that capacity under plane could slow to 40 m.p.h. (35 knots) distance, takeoff distances, changes in the appropriate current airworthiness within the length of the available run­ the airplane’s configuration, speed, requirements for small airplanes. Such way or be able to take off, climb, circle power, and thrust, must be made in ac­ requirements consist of the applicable the field, and land safely. The takeoff cordance with procedures established by provisions of FAR 23 plus special condi­ field length would be an operating limita­ the applicant for operation in service. tions to cover unusual and novel design tion and would be based on the distance (f) Procedures for the execution of features. An airplane certificated under required to accelerate to the Vi speed balked landings must be established by those requirements would not, however, and then to slow down to a speed of 40 the applicant and included in the Air­ continue to be indefinitely eligible for m.p.h. assuming a decision is made at plane Flight Manual. use in FAR 135 operations, since the Vi to discontinue the takeoff. No operat­ (g) The procedures established under Agency is also considering a requirement ing limitations are being proposed with paragraphs (e) and (f) of this section that any airplane capable of carrying respect to an overrun or clearway area must— more than 10 persons in Part 135 opera­ beyond the runway. Full temperature (1 ) Be able to be consistently executed tions, after June 1 , 1972, would have to and altitude accountability would be ap­ in service by a crew of average skill ; oe certificated in accordance with the plied to the takeoff requirement and to (2) Use methods or devices that are Proposals contained herein, or meet simi- the balked landing climb. Temperature in service by a crew of average skill; ar requirements that would be contained accountability would be applied to the en safe and reliable; and m Part 135. route one-engine-inoperative climb re­ (3) Include allowance for any time The additional airworthiness stand­ quirements. The l a n d i n g distance delays, in the execution of the proce­ ards proposed herein would apply to re- would be based on a power approach at dures, that may reasonably be expected lprocating-engine powered and turbo­ a speed not less than 1.3m. in service.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 No. 67----- 5 5700 PROPOSED RULE MAKING

Takeoff, (a) The takeoff speed de­ (2) The accelerate-stop distance asslope for a speed range of ±50 knots scribed in paragraph (b), the accelerate- determined under paragraph (c). from the trim speed except that the stop distance described in paragraph (c), Credit may be taken for an overrun dis­ speeds need not exceed Vfc/M fo or be less and the takeoff distance described in tance equal to that required to stop the than 1.4VSl. This speed range will be paragraph (d), must be determined and airplane from an indicated airspeed of considered to begin at the outer extremes shown in the performance information 40 m.p.h. under zero wind conditions of the friction band and the stick force section of the Airplane Flight Manual utilizing maximum braking. may not exceed 50 pounds with— for— Climb—(a) General. (1) Perform­ (1) Landing gear retracted; (1) Each-weight, altitude, and am­ ance as required in paragraph (b), must (ii) Wing flaps retracted; bient temperature within the operational be determined for each weight, altitude, (iii) The maximum cruising power as limits selected by the applicant; land ambient temperature within the selected by the applicant as an operat­ (2) The selected configuration for operational limits established for the air­ ing limitation for turbine engines or 75 takeoff; plane and with the most unfavorable percent of maximum continuous power (3) The center of. gravity in the most center of gravity for each configuration, for reciprocating engines except that the unfavorable position; and out-of-ground effect in free air. power need not exceed that required at (4) The operating engine within ap­ (2) The performance information ob­ Vmo/M mo ; proved operating limitations; and tained under paragraph (1 ) must be (iv) Maximum takeoff weight; and (5) Takeoff data based on smooth, shown in the performance information (v) The airplane trimmed for level dry, hard-surface runway. section of the Airplane Flight Manual. flight with the power specified in sub- (b) Takeoff Speeds. The decision (b) Landing Climb: All-Engines-Oper- paragraph (iii) of this paragraph. speed Vi is the calibrated airspeed at ating. In the landing configuration, de­ Vfo/M fc may not be less than a speed which, as a result of engine failure or termine the weight at which the steady midway between Vmo/M mo and Vdf/Mdf, other reasons, the pilot is assumed to • gradient of climb will not be less than except that, for altitudes where Mach have made a decision to continue or dis­ 3.3 percent, with: number is the limiting factor, MFc need continue the takeoff. The speed Vi must (1) The engines at the power that is not exceed the Mach number at which be selected by the applicant but may available 8 seconds after initiation of effective speed warning occurs. not be less than— movement of the power or thrust con­ (2) Climb Stability. (For turbopro­ (1) 1.10VS]L; trols from the minimum flight idle to peller powered airplanes only). In ad­ (2) I.IOVmc established under FAR the takeoff position. dition to present requirements, the max­ 23.149; v (2) A safe climb speed not less than imum power selected by the applicant as (3) A speed that permits acceleration the approved speed established under an operating limitation for use during to Vi and stop in accordance with para­ the section entitled “Landing”. climb at the best rate of climb speed ex­ graph (c) allowing credit for an over­ Landing. The following power ap­ cept that the speed need not be less than run distance equal to that required to proach may be used to replace the gliding 1.4VV approach specified in FAR 23.75. The stop the airplane from a ground speed S t a l l s of 40 m.p.h. utilizing maximum braking; landing must be preceded by a steady or approach down to the 50-foot height at Stall Warning FAR 23.207. In addi­ (4) A speed at which the airplane is a gradient of descent not greater than tion to the present requirement, if arti­ rotated for takeoff and shown to be ade­ 5.2 percent (3- degrees) at a calibrated ficial stall warning is required, the use quate to safely continue the takeoff, airspeed not less than 1.3VS . of a visual warning device that requires using normal piloting skill, when the the attention of the crew within the critical engine is suddenly made inopera­ T r im cockpit is not acceptable by itself. tive. Trim—(a) Lateral and Directional Trim, FAR 23.161(b). Iii addition to C o n t r o l S y s t e m s Other essential takeoff speeds necessary present requirements, “Lateral and di­ Electric Trim Tabs, FAR 23.677. In for safe operation of the airplane must rectional trim in level flight at a speed addition to the present requirement, the be determined and shown in the Airplane of V h or V mo/M mo, if lower.” airplane must be safely controllable and Flight Manual. (b) Longitudinal Trim, FAR 23.161(c) . the pilot must be able to perform all (c) Accelerate-Stop Distance. (1) In addition to present rquirements, “The the maneuvers and operations necessary The accelerate-stop distance is the sum trim speed need not exceed V mo/M mo with to effect a safe landing following any of the distances necessary to— landing gear and wing flaps retracted.” probable electric trim tab runway which (1) Accelerate the airplane from a (c) Longitudinal Trim, FAR 23.161 might be reasonably expected in service standing start to Vi; and (c) (6). In addition to present require­ allowing for appropriate time delay after (ii) Come to full stop from the pointments, “During level flight at any speed pilot recognition of runway. This dem­ at which Vi is reached allowing credit from VH or Vmo if lower, to Vx or 1.4VSl onstration must be conducted at the for a 40 m.p.h. overrun, assuming that with landing gear and wing flaps re­ critical airplane weights and center of the critical engine fails at Vt and landing gravity positions. gear remains in the extended position. tracted.” An overrun of 40 m.p.h. is permitted (d) Longitudinal Trim, FAR 23.161 I n s t r u m e n t s ; I nstallation utilizing maximum braking. (c) (3), (4)^ and (5). In addition to the trim requirements in FAR 23.161(c) Arrangement and Visibility, FAR (2) Means other than wheel brakes 23.1321. In addition to the present re­ may be used to determine the accelerate- (3), (4), and (5), the airplane must maintain longitudinal trim down to the quirements, the following apply: stop distance if that means is available (a) Each flight, navigation, and with the critical engine inoperative approach speed used to show the landing distance required by the preceding sec­ powerplant instrument for use by any and— pilot must be plainly visible to him from (i) Is safe and reliable; tion entitled “Landing” or 1.4V«, which­ ever speed is lower, with not more than his station with the minimum practica­ (ii) Is used so that consistent results 1 0 pounds stick force. ble deviation from his normal position can be expected under normal operating and line of vision when he is looking for­ conditions; and STABILITY ward along the flight path. (iii) Is such that exceptional skill is Static Longitudinal Stability.—(a) 1 (b) The flight instruments required not required to control the airplane. FAR 23.173(b). In addition to the pres­ by FAR 23.1303 and as applicable by FAR (d) Takeoff Distance. The distances ent requirement, for showing compliance 91 must be grouped on the instrument for takeoff to be entered in the Airplane with FAR 23.175(b), the airspeed must 'panel and centered as nearly as practi­ Flight Manual must include : return to within ±7% percent of the. cable about the vertical plane of the (1) The horizontal distance required trim speed. pilot’s forward vision. In addition— to takeoff and climb to a height of 50 (b) FAR 23.175—(1) Cruise Stability. (1) The instrument that most effec­ feet above the takeoff surface according In addition to the present requirement, tively indicates the attitude must be on to procedures in FAR 23.51. the stick force curve must have a stable the panel in the top center position;

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5701

(2) The instrument that most effec­ the applicant must establish the mini­ (3) The airplane must also have a tively indicates airspeed must be adjacent mum number and type of qualified flight steady gradient of climb in the enroute to and directly to the left of the instru­ crew personnel sufficient for safe opera­ configuration of : ment in the top center position; tion of the airplane considering— (i) 1 . 2 percent (or a gradient equiva­ (3) The instrument that most effec­ (a) Each kind of operation for which lent to 0.02V,»2, if greater) at 5,000 feet tively indicates altitude must be adjacent the applicant desires approval; and an ambient temperature of 41° F.; to and directly to the right of the instru­ (b) The workload on each crewmem­ or ment in the top center position;' and ber considering— (ii) 0 . 6 percent (or a gradient equiva­ (4) The instrument that most effec­ (1) Flight path control; lent of 0.01V,o2, if greater) at 5,000 feet tively indicates direction of flight must (2) Collision avoidance; and ambient temperature of 81° F. be adjacent to and directly below the in­ (3) Navigation; (iii) The minimum climb gradient of strum ent in the top center position. (4) Communications; (i) and (ii) above shall vary linearly be­ Airspeed Indicating System, FAR (5) Operation and monitoring of all tween 41° F. and 81° F. and shall change 23.1323. In addition to the present re­ essential aircraft systems; and at the same rate up to the maximum quirem ent: (6 ) Command decisions; and operational temperature approved for (a) Airspeed indicating instruments (c) The accessibility and ease of op­ the airplane. must be of an approved type and must be eration of necessary controls by the ap­ (d) Sufficient information must be calibrated to indicate true airspeed at propriate crewmember during all normal provided in the Airplane Flight Manual sea level in the standard atmosphere with and emergency operations when at his so the above takeoff weight limits can be a minimum practicable instrument cali­ flight station. determined for all temperatures and bration error when the corresponding Airspeed Indicator, FAR 23.1545. The altitudes within the operation limita­ pitot and static pressures are supplied to FAR T3.1545 airspeed notations and tions selected by the applicant. the instruments. markings in terms of V no and V ne must Performance Information, FAR 23.- (b) The airspeed indicating system be replaced by the V mo/M mo notations. 1587. In addition the present require­ must be calibrated to determine the sys­ The airspeed indicator markings must ment: tem error, i.e., the relation between IAS be easily read and understood by the (a) The airspeed at the 50-foot height and CAS, in flight and during the accel­ pilot. A placard adjacent to the airspeed used to determine landing distances must erate takeoff ground run. The ground indicator will be an acceptable means be provided in the Airplane Flight run calibration must be obtained between of showing compliance with paragraph Manual. 0.8 of the minimum value of V* and 1.2 (C) of FAR 23.1545. (b) The Airplane Flight Manual must times the maximum value of Vi, consider­ contain the performance information A ir p l a n e F l ig h t M a n u a l ing th e approved ranges of altitude and under the applicable provisions (includ­ weight. The ground rim calibration will Operating Limitations, FAR 23.1583. ing takeoff distances and landing for the be determined assuming an engine failure In addition to the present requirement: weights, altitudes and temperatures, as at the minimum value of Vi. (a) Airspeed limitations. The fol­ applicable) within the operational limits (c) The airspeed error of the installa­ lowing airspeed limitations must be of the airplane, and must contain the tion excluding the instrument calibra­ furnished: following: tion error, must not exceed 3 percent or (1) The maximum operating limit (1) The conditions under which the 5 m .p.h. performance information was obtained. whichever is greater, through­ speed V mo/M mo and a statement that this out th e speed range from V mo to 1.3Vsx speed limit may not be deliberately ex­ (2) The following performance infor­ with flaps retracted and from 1.3Vso to ceeded in any regime of flight (climb, mation (determined by extrapolation and Vfe w ith flaps in the landing position. cruise, or descent) unless a higher speed computed for the range of weights be­ (d) Information showing the relation­ is authorized for flight test or pilot tween the maximum landing and takeoff ship between IAS and CAS must be training. weights) — shown in the Airplane Flight Manual. (i) Climb in the landing configura­ (2) If an airspeed limitation is baged tion; and Static Air Vent System, FAR 23.1325. upon compressibility effects, a statement In addition to the present requirement, (ii) . Landing distance. to this effect and information as to any (3) Procedures established under the the altimeter system calibration must be symptoms, the probable behavior of the shown in the Airplane Flight Manual. preceding flight performance section en­ airplane, and the recommended recovery titled “General” are related to the lim­ O pe r a t in g L im it a t io n s a n d procedures. itations and information required by this I n f o r m a t io n (b) The airspeed limits shown in terms paragraph. These procedures must be of V mo/M mo replace the V ne notation in in the form of guidance material includ­ Maximum Operating Limit Speed FAR 23. Vmo/M m o . (a) The maximum operat­ ing any relevant limitations or informa­ ing limit speed Vmo/M mo as established (c) The maximum T.O. weight will be tion. by the applicant is the speed which must limited to that at which: . (4) An explanation of significant or not be deliberately exceeded in any re­ (1) The airplane will have an accel- unusual flight or ground handling char­ gime of flight except where a higher erate-stop distance determined in ac­ acteristics of the airplane. speed is authorized for flight tests or cordance with the paragraph entitled (5) Airspeeds, as indicated airspeeds, pilot training operations. “Accelerate-Stop Distance” and as shown corresponding to these determined for (b) The maximum operating limit in the Airplane Flight Manual in ac­ takeoff. speed must not exceed the design cruis­ cordance with the paragraph entitled Maximum Operating Altitudes. A ing speed Vc and must be sufficiently “Takeoff Distance” within the available maximum operating altitude to which below Vd/M d or Vdf/M df to make it runway. operation is permitted as limited by highly improbable that the latter speeds (2) The airplane has a takeoff capa­ flight, structural, powerplant, functional, will be inadvertently exceeded in flight. bility after loss of an engine at or above or equipment characteristics must be Vi as selected by the applicant in accord­ specified in the Airplane Flight Manual. (c) The speed Vmo must not exceed Stowage Provision for Airplane Flight 0.8V d /M d or 0.8Vdf/M df unless flight ance with the paragraph entitled “Take­ demonstrations involving upsets as spec­ off Speeds”. This capability may be Manual. Stowage must be provided for established— the Airplane Flight Manual in a suitable ified by the Administrator indicates a fixed container readily accessible to the lower speed margin will not result in (i) By demonstration of a steady rate pilot. speeds exceeding Vd/M d -or Vdf. Atmos­ of climb which is measurable positive A ir f r a m e pheric variations, horizontal gusts, sys­ with the airplane in the takeoff config­ tem and equipment errors, and airframe uration; or SUMMARY OF PROPOSED AIRFRAME Production variations will be taken into (ii) By demonstrating the capability AIRWORTHINESS REQUIREMENTS account. of maintaining flight after engine failure The proposed airframe requirements Minimum Flight Crew, FAR 23.1523. utilizing procedures prescribed by the cover low performance reciprocating-en­ ■in addition to the present requirement, applicant. gine powered and turbopropeller powered

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5702 PROPOSED RULE MAKING airplanes approved for operation below planes only). (a) The airplane must be pected use are comparable to a similar 25,000 feet and for more than ten oc­ designed for the unsymmetrical loads re­ design which has had substantial satis­ cupants. High altitude, high perform­ sulting from the failure of "the critical factory service experience: ance aircraft, including turbojet powered engine. The airplane must be designed (a) A fatigue strength investigation it aircraft will need additional regulations for the following conditions in combina­ which the structure is shown by analysis, including such items as speed spread, tion with a single malfunction of the tests, or both to be able to withstand the gust loads, speed brakes and windshield propeller drag limiting system, consider­ repeated loads of variable magnitude and window requirements. Four regu­ ing the* probable pilot corrective action expected in service. lations are proposed which deal with air­ on the flight controls:. (b) A fail-safe strength investigation frame airworthiness aspects of design (1) At speeds between Vmc and V d , the in which it is shown by analysis, tests, not now covered by FAR 23 which derive loads resulting from power failure be­ orJboth that catastrophic failure of the from the use of turbopropeller engines. cause of fuel tank flow interruption are structure is not probable after fatigue, or These cover engine torque, gyroscopic considered to be limit loads. obvious partial failure, of a principal loads, unsymmetrical loads due to en­ (2) At speeds between Vmc and Vc, the structural element, and that the remain­ gine failure and whirl flutter standards. loads resulting from the disconnection of ing structure is able to withstand a static Dual wheel ground load standards are the engine compressor from the turbine ultimate load factor of 75 percent of the proposed since dual wheel configurations or from loss of the turbine blades are critical limit load factor at Vc.. These are not covered by current FAR 23. considered to be ultimate loads. loads must be multiplied by a factor of More comprehensive fatigue, lightning (3) The time history of the thrust de­ 1.15 unless the dynamic effects of failure strike protection, and flap operated cay and drag buildup occurring as a re­ under static load are otherwise con­ landing gear warning criteria are in­ sult of the prescribed engine failures sidered. . cluded to reflect the need for new stand­ must be substantiated by test or other ards indicated by service experience and data applicable to the particular engine- D e s ig n a n d C onstruction the specific needs of high density air­ propeller combination. Flutter, FAR 23.629 (For turbopropel­ planes intended for Part 135 operations. (4) The timing and magnitude of the ler powered airplanes only). In addi­ Standards are also set forth to en­ probable pilot corrective action must be tion to FAR 23.629(d), for multiengine hance passenger safety and survivability conservatively estimated, considering the airplanes, the dynamic evaluation must in accidents due to the specific need of characteristics of the particular engine- include— high density airplanes intended for Part propeller-airplane combination. (a) The significant elastic, inertia, and 135 operations. These include improved (b) Pilot corrective action may be as­ aerodynamic forces associated with the doors and exits, emergency evacuation sumed to be initiated at the time max­ rotations and displacements of the plane demonstrations, and protection of pas­ imum yawing velocity is reached, but of the propeller; and sengers from cargo and baggage subject not earlier than 2 seconds after the en­ gine failure. The magnitude of the cor­ (b) Engine-propeller-nacelle stiffness to forward acceleration forces of 9g. In and damping variations appropriate to addition, the specific needs of Part 135 rective action may be based on the con­ the particular configuration. operations for deicing protection and a trol forces specified in 23.397 except that high level of proper maintënance are lower forces may be assumed where it L a n d in g G ear covered by specific standards in these is shown by analysis or test that these Flap Operated Landing Gear Warn­ areas. The aircraft manufacturer would forces can control the yaw and roll re­ ing Device. In addition to the require­ be required to make available to the op­ sulting from the prescribed engine fail­ ment of FAR 23.729, there must be a erator specific technical information that ure conditions. warning device that functions continu­ the manufacturer considers essential for G r o u n d L oads ously when the wing flaps are extended the proper maintenance of that aircraft. Dual Wheel Criteria—(a) Pivoting. beyond the takeoff position if the- land­ F l ig h t L oads The airplane must be assumed to pivot ing gear is not fully extended and locked. Engine Torque, FAR 23.361 (For tur­ about one side of the main gear with the There may not be a manual shut-off for brakes on that side being locked. The this warning device. The flap position bopropeller powered airplanes only ). In sensing unit may be installed at any addition to the present requirement of limit vertical load factor must be 1 and FAR 23.361, the following will apply: the coefficient of friction 0.8. This con­ suitable location. The system for this (a) The limit engine torque corres­ dition need apply only to the main gear device may use any part of the system ponding to takeoff power and propeller and its supporting structure. (including the aural warning device) for speed, multiplied by a factor accounting (b) Unequal Tire Inflation. A 60-40 the device required in FAR 23.729(e) . .. for propeller control system malfunc­ percent distribution of the loads estab­ P e r s o n n e l a n d C argo A ccommodations tion, including quick feathering acting lished in accordance with FAR 23.471 Cargo and Baggage Compartments. simultaneously with lg level flight loads. through FAR 23.483 must be applied to In addition to the requirements of FAR In the absence of a rational analysis, a the dual wheels and tires. 23.787 (a) and (b), means must be pro­ factor of 1 . 6 must be used. (c) Flat Tire. (1) Sixty percent of vided to protect passengers from injury (b) The limit torque is obtained by the loads specified in FAR 23.471 through by the contents of any cargo or baggage multiplying the main torque by a factor 23.483 must be applied to either wheel compartment when the ultimate forward of 1.25, in a unit. inertia force is 9g. Turbine Engine Gyroscopic Loads (For (2) Sixty percent of the limit dr a« and turbopropeller powered airplanes only). Doors and Exits. In addition to the side loads and 1 0 0 percent of the limit requirements of FAR 23.783 and FAR 23.- Each engine mount and its supporting vertical load established in accordance structure must be designed for the gyro­ 807 (a)(3), (b), and (e) the following with FAR 23.493 and 23.485 must be ap­ will apply: scopic loads that result, with the engines plied to either wheel in a unit except at maximum continuous r.p.m., under that the vertical load need not exceed (a) There must be a means to lock and either— the maximum vertical load in paragraph safeguard each external door and exist (a) The condition prescribed in FAR (c)(1). against opening in flight either inadvert­ ently by persons, or as a result of me­ 23.351 and 23.423; or F a t ig u e E v a l u a t io n (b) All possible combinations of the chanical failure. Each external door following: Fatigue. In addition to present re­ must be operable from both the inside (1) A yaw velocity of 2.5 radians per quirements of FAR 23.571, the strength, and the outside. second. detail design, and the fabrication of (b) There must be means for direct (2) A pitch velocity of 1 radian per those parts of the wing, wing carry- visual inspection of the locking mecha­ second. through, and attaching structure whose nism by crewmembers to determine (3) A normal load factor of 2.5. failure would be catastrophic must be whether external doors and exits, for (4) Maximum continuous thrust. evaluated under either of the following which the initial opening movement is UAsymmetrical Loads. Due to Engine unless it is shown that the structure, outward, are fully locked. In addition, Failure (For turbopropeller powered air- operating stress levels, materials and ex­ there must be a visual means to signal

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 PROPOSED RULE MAKING 5703 to crewmembers when normally used ex­ erationai needs, the adequacy of the ice engine isolation, lighthing protection, ternal doors are closed and fully locked. protection system for the various compo­ fuel flow rate, leakage of flammable fluid . (c) The passenger entrance door must nents of the airplane. In addition, tests iir areas other than engine compart­ qualify as a floor level emergency exit. of the ice protection system must be con­ ments, and accessories which are re­ Each additional required emergency exit ducted to demonstrate that the airplane motely driven by the engine. Two stand­ must be located over the wing or each is capable of operating safely in contin­ ards exclusively applicable to reciprocat­ such exit must be provided with accept­ uous maximum and intermittent maxi­ ing engine-powered airplanes involve, re­ able means to assist the occupant in mum icing conditions. (Reference FAR spectively, additional fire protection for descending to the ground. In addition 25, Appendix C.) Compliance with all the engine cowling and nacelle skin, and to the passenger entrance door: or portions of this section may be ac­ cylinder head temperature and mani­ (1 ) For a total seating capacity of 15 complished by reference, where appli­ fold pressure indicators as additional or less, an emergency exit as defined in cable because of similarity of the designs, powerplant instruments for increased op­ PAR 23.806(b) is required on each side to analysis and tests performed by the erational reliability. applicant for a type certificated model. of the cabin. G e n e r a l (2) For a total seating capacity of 16 Maintenance Information. The appli­ to 23, three emergency exits as defined in cant must make available at the time Vibration Characteristics, FAR 23.901 23)807 (b) are required with one on the of delivery the information he considers (For turbopropeller powered airplanes same side as the door and two on the essential for the proper maintenance of only). Turbine engine installation must side opposite the door. the aircraft to include at least the not result in vibration characteristics of (d) An evalu ation demonstration following: the engine exceeding those established in must be conducted utilizing the maxi­ (a) Description of systems such as accordance with CAR 13 or FAR 33. mum number of occupants for which electrical, hydraulic, fuel controls, etc. In-Flight Restarting of Engine, FAR certification is desired. It must be con­ (b) Lubrication instructions setting 23.901 (For turbopropeller powered air­ ducted under simulated night condi­ forth the frequency and the lubricants planes only). If the engine cannot be tions and utilizing only the emergency and fluids which are to be used in the restarted at the maximum cruise alti­ exits on the most critical side of the various systems. tude, a determination must be made of aircraft. The participants must be rep­ (c) Pressures and electrical loads ap­ the altitude below which restarts can be resentative of average airline passengers plicable to the various systems. consistently accomplished. Restart in­ with no prior practice or . rehearsal for (d) Tolerances and adjustments nec­ formation must be provided in the Flight the demonstration. Evacuation must be essary for proper functioning. Manual. completed within 90 seconds. (e) Methods of leveling, raising, and Engines, FAR 23.903. (a) For turbo­ (e) Each emergency exit must be towing. propeller powered airplanes the following marked with the word “EXIT” by a sign (f) Methods of balancing control sur­ will apply: which has white letters one inch high on faces. (1) Engine isolation. The power- a red background 2 inches high, be self (g) Identification of primary and sec­ plants must be arranged and isolated or independently internally electrically ondary structures. from each other to allow operation, in at illuminated, and have a minimum lumi­ (h) Frequency and extent of inspec­ least one configuration, so that the fail­ nescence (brightness) of at least 160 tions necessary to the proper operation ure or malfunction of any engine, or of microlamberts. The colors may be re­ of the aircraft. any system that can affect the engine, versed if the passenger compartment il­ will not— lumination is essentially the same. (i) Special repair methods applicable to the aircraft. (1) Prevent the continued safe opera­ (f) Access to window type emergency tion of the remaining engines; or exits must not be obstructed by seats or (j) Special inspection techniques that seat backs. require X-ray, ultrasonic, magnetic par­ (ii) Require immediate action by any (g) The width of the main passenger ticle inspection, etc. crewmember for continued safe opera­ aisle at any point between seats must (k) List of special tools. tion. equal or exceed the values in the follow­ The maintenance information must be (2) Control of engine rotation. There ing table. made available foi* use by operators’ must be a means to individually stop and ------—----- maintenance facilities to assist them in restart the rotation of any engine in flight unless, for turbine engine installa­ Minimum main passenger aisle developing maintenance procedures for tions, continued rotation could not jeop­ width the proper maintenance of their aircraft. Total seating ardize the safety of the airplane. Each capacity Less than 25 25 inches and PROPULSION component of the stopping and restarting inches from floor more from floor system on the engine side of the firewall, SUMMARY OF PROPOSED PROPULSION and that might be exposed to fire, must „ , , ' AIRWORTHINESS REQUIREMENTS 10 through 23___ 15 inches. be at least fire resistant. If hydraulic ------g------The propulsion requirements set forth propeller feathering systems are used for for the turbopropeller powered airplanes this purpose, the feathering lines must be M iscellaneous are necessary because of novel features at least fire resistant under the operat­ Lightning Strike Protection. Parts and unique characteristics associated ing conditions that may be expected to that are electrically insulated from the with the design and operation of turbine exist during feathering. basic airframe must be connected to it engines. These standards cover such (3) Engine speed and gas temperature through lightning arrestors unless a areas as safe operating characteristics, control devices. The powerplant systems ligh tning strike on the insulated part fuel system design, engine cooling, in­ associated with engine control devices, is— flight engine restarting and appropriate systems, and instrumentation must pro­ (a) Improbable because of shielding powerplant instrumentation. A number vide reasonable assurance that those en­ by other parts; or of regulations are intended to insure gine operating limitations that adversely (b ) is not hazardous. powerplant operational reliability of tur­ affect turbine rotor structural integrity Deicers, FAR 23.1419. In addition to bine engine installations. These include will not be exceeded in service. the present requirement of FAR 23.1419, requirements for independence of power- (b) For reciprocating-engine powered when compliance is shown with the pro­ plants and systems, and protection airplanes, to provide engine isolation, the visions of this section, the type certifi- against such contingencies as engine and powerplants must be arranged and iso­ Cff+ mus^ include certification of that fuel system icing, bleed air system fail­ lated from each other to allow operation, enect. When an airplane is certificated ures, inadvertent propeller reversal, and in at least one configuration, so that the to Include ice protection provisions, the foreign object ingestion. In addition failure or malfunction of any engine, or recommended procedures for the use of there is a provision requiring fire detec­ tne me protectior equipment must be tion for turbine engine installations. of any system that can affect the engine, set forth in the Airplane Flight Manual. Standards which cater to the Part 135 will not— An analysis must be performed to estab- operations and which apply to recipro­ (1) Prevent the continued safe opera­ lsn, on the basis of the airplane’s op- cating as well as turbine engines cover tion of the remaining engine; or v

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5704 PROPOSED RULE MAKING

(2) Require immediate action by any (b) For reciprocating engine powered (b) Temperatures must be stabilized crewmember for continued safe opera­ airplanes, with reference to paragraph under the conditions from which entry tion. (c) of FAR 23.955, it will be acceptable is made into each stage of flight being Reversing Systems (For turbopropeller for the fuel flow rate for each pump sys­ investigated unless the entry condition powered airplanes only), (a) Turbo­ tem (main and reserve supply) to be 125 is not one during which component and propeller reversing systems intended for percent of the takeoff fuel consumption engine fluid temperatures would stabilize ground operation must be designed so of the engine. (in which case, operation through the that no single failure or malfunction of full entry condition must be conducted the system will result in unwanted re­ F u e l S y s t e m C o m p o n e n t s before entry into the stage of flight be­ verse thrust under any expected op­ Fuel Pumps, FAR 23.991 (For turbo­ ing investigated in order to allow tem­ erating condition. Failure of structural propeller powered airplanes only). A re­ peratures to reach their natural levels elements need not be considered if the liable and independent power source at the time of entry). The takeoff cool­ probability of this kind of failure is ex­ must be provided for each pump used ing test must be preceded by a period tremely remote. with turbine engines which dd not have during which the powerplant component (b) Turbopropeller reversing systems provisions for mechanically driving the and engine fluid temperatures are stabil­ intended for in-flight use must be de­ main pumps. It must be demonstrated ized with the engines at ground idle. signed so that no unsafe condition will that the pump installations provide a (c) Cooling tests for each stage of result during normal operation of the reliability and durability equivalent to flight must be continued until— system, or from any failure (or reason­ that intended by FAR 23.991(a). ( 1 ) The component and engine fluid ably likely combination of failures) of Fuel Strainer or Filter, FAR 23.997 temperatures stabilize; the reversing system, under any antici­ (For turbopropeller powered airplanes (2) The stage of flight is completed; pated condition of operation of the air­ only). (a) There must be a fuel strainer or plane. Failure of structural elements or filter between the tank outlet and the (3 ) An operating limitation is reached. fuel metering device of the engine. In need not be considered if the probability I n d u c t io n S y s t e m of this kind of failure is extremely remote. addition, the fuel strainer or filter must (c) Compliance with this section may be: Air Induction, FAR 23.1091 (For tur­ be shown by failure analysis, testing, or (1) Between the tank outlet and the bopropeller powered airplanes only). both for propeller systems that allow engine—driven positive displacement (a) There must be means to prevent propeller blades to move from the flight pump inlet, if there is am engine-driven hazardous quantities of fuel leakage of low-pitch position to a position that is positive displacement pump. overflow from drains, vents, or other substantially less than that at the, nor­ (2) Accessible for drainage and clean­ components of flammable fluid systems mal flight low-pitch stop position. The ing and, for the strainer screen, easily from entering the engine intake system. 1 analysis may include or be supported by removable. (b) The air inlet ducts must be located the analysis made to show compliance (3) Mounted so that its weight is not or protected so as to minimize the inges­ with the requirements of FAR 35.21 for supported by the connecting lines or by tion of foreign matter during takeoff, the propeller and associated installation the inlet or outlet connections of the landing, and taxiing. components. Credit will be given for strainer or filter itself. Induction System Icing Protection, pertinent analysis and testing completed (b) Unless there are means in the fuel FARs 23.1093, 23.1095, 23.1099, 23.1101, by the engine and propeller manufac­ system to prevent the accumulation of 23.1105, 23.1097 (For turbopropeller pow­ turers. ice on the filter, there must be means to ered airplanes only). Each turbine en­ automatically maintain the fuel flow if gine must be able to operate throughout Turbopropeller-Drag *Limiting Sys­ its flight power range without adverse tems (For turbopropeller powered air­ ice-clogging of the filter occurs. (c) The fuel strainer or filter must be effect on engine operation or serious loss planes only). Propeller-drag limiting of power or thrust, under the icing con­ systems must be designed so that no of adequate capacity (with respect to op­ erating limitations established to ensure ditions specified in Appendix C of FAR single failure or malfunction of any of 25. in addition, there must be means the systems during normal or emergency proper service) and of appropriate mesh to ensure proper engine operation, with to indicate to appropriate flight crew­ operation results in propeller drag in ex­ members the functioning of the power- cess of that for which the airplane was the fuel contaminated by a degree (with respect to particle size and density) that plant ice protection system. designed. Failure of structural elements Turbine Engine Bleed Air Systems of the drag limiting systems need not be can be reasonably expected in service. The degree of fuel filtering may not be (For turbopropeller powered airplanes considered if thé probability of this kind only). Turbine engine bleed air sys­ of failure is extremely remote. less than that established for the engine under Part 33. tems must be investigated to determine: Turbine Engine Powerplant Operating Lightning Strike Protection (.For tur­ (a) That no hazard to the airplane Characteristics (For turbopropeller pow­ bopropeller powered and reciprocating will result if a duct rupture occurs. This ered airplanes only). Turbine engine engine powered airplanes). Protection condition must consider that a failure powerplant operating characteristics must be provided against the ignition of of the duct can occur anywhere between must be investigated in flight to deter­ flammable vapors in the vent system due the engine port and the airplane bleed mine that no adverse characteristics to lightning strikes or other ignition service. (such as stall, surge, or flameout) are sources. Compliance with AC 25-3A for (b) That, if the bleed air system is present to a hazardous degree, during fuel vents will be evidence of compliance used for direct cabin pressurization, it normal and emergency operation within with this requirement. is not possible for hazardous contamina­ the range of operating limitations of the tion of the cabin air system to occur in airplane and of the engine. C o o l in g event of lube system failure. Fuel Flow, FAR 955. (a) For turbo­ Cooling Test Procedures for Multi- E x h a u s t S y s t e m propeller powered airplanes: engine Airplanes (For turbopropeller (1) The fuel system must provide for powered airplanes only) FAR 23.1047. Exhaust System Drains (For turbo­ continuous supply of fuel to the engines (a) Compliance with FAR 23.1041 must propeller powered airplanes only). Tur­ for normal operation without interrup­ be shown for the takeoff, climb, en route, bopropeller engines exhaust systems tion due to depletion of fuel in any tank and landing stages of flight that corre­ having low spots or pockets must incor­ other than the main tank. spond to the applicable performance re­ porate drains at such locations. These (2) The fuel flow rate for turbopro­ quirements. The cooling tests must be drains must discharge clear of the air­ peller engine fuel pump systems must conducted with the airplane in the con­ plane in normal and ground attitudes not be less than 125 percent of the fuel figuration, and operating under the con­ to prevent the accumulation of fuel after flow required to develop the standard sea ditions that are critical relative to cool­ the failure of an attempted engine start. level atmospheric conditions takeoff ing during each stage of flight. For the power selected and included as an op­ cooling tests a temperature is “stabilized” P o w e r p l a n t C o n t r o l s a n d Accessories erating limitation in the Airplane Flight when its rate of change is less than 2 ° Engine Controls, FAR 23.1143 (For Manual. F. per minute^ turbopropeller powered airplanes only)-

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 \ PROPOSED RULE MAKING 5705 If throttles or power levers are such that (a) Prevent the ignition of those fluids for crew and passengers use has been any position of these controls will reduce or vapors by any other equipment; or recognized for many years, and, in pub­ the fuel flow to the engine (s) below that (b) Control any fire resulting from lic transport such as with air taxis, the necessary for satisfactory and safe idle that ignition. provision for an adequate oxygen sys­ operation of the engine while the airplane tem is a reasonable requirement expected is in flight, a means must be provided E q u ip m e n t by the public. to prevent inadvertent movement of the Powerplant Instruments, FAR 23.1305 G e n e r a l control into this position. The means (b). (a) The following additional in­ provided must incorporate a positive lock struments are required for turbopro­ Function and Installation. In addi­ or stop at this idle position and must peller airplanes: tion to the present requirements of FAR require a separate and distinct operation (1) A gas temperature indicator for 23.1301, the following will apply: by the crew to displace the control from each engine. (a) Each item of additional installed the normal engine operating range. (2) Free air temperature indicator. equipment must— Reverse Thrust Controls (For turbo­ (3) A fuel flowmeter indicator for (1) Be of a kind and design appropri­ propeller powered airplanes only). Pro­ each turbopropeller engine. ate to its intended function; » peller reverse thrust controls must have (4) Oil pressure warning means for (2) Be labeled as to its identification, a m eans to prevent their inadvertent each engine, function, or operating limitations, or any operation. The means must have a posi­ (5) A torque indicator or adequate applicable combination of these factors, tive lock or stop at the idle position and means for indicating power output for unless 'misuse or inadvertent actuation must require a separate and distinct op­ each turbopropeller engine. cannot create a hazard; eration by the crew to displace the con­ (6 ) Fire warning indicator for each (3) Be installed according to limita­ trol from the flight regime. engine. tions specified for that equipment; and Engine Ignition Systems, FAR 23.1165 (7) A means to indicate when the pro­ (4) Function properly when installed. (For turbopropeller powered airplanes peller blade angle is below the low-pitch (b) Systems and installations must be only). Each turbopropeller airplane position corresponding to idle operation designed to safeguard against hazards ignition system must be considered an in flight. to the aircraft in the event of their mal­ function or failure. essential load. (8 ) A means to indicate the function­ Powerplant Accessories (For turbopro­ ing of the ice protection system for each (c) Where an installation, the func­ peller powered and reciprocating-engine engine. tioning of which is necessary in showing powered airplanes). In addition to the (b) For reciprocating-engine powered compliance with the applicable require­ requirements of FAR 23.1163, if the con­ airplanes, in addition to the require­ ments, requires a power supply, such tinued rotation of any accessory remotely ments of FAR 23.1305, the following will installation must be considered an es­ driven by the engine is hazardous when be required: sential load on the power supply, and malfunctioning occurs, there must be (1) A cylinder head temperature in­ the power sources and the system must means to prevent rotation without inter­ dicator for each engine. be capable of supplying the following fering with the continued operation of (2) Manifold pressure indicator for power loads in probable operation com­ the engine. each engine. binations .and for probable durations: (1) All essential loads after failure of P o w e r p l a n t F ir e P r o t e c t io n Powerplant Instruments, FAR 23.1337 (For turbopropeller powered airplanes any prime -mover, power converter, or Fire Detector System (For turbopropel­ only). Add to the present requirements, energy storage device. ler powered airplanes only). (a) There turbopropeller blade position indicator. (2) All essential loads after failure of must be provided a means of ensuring Required turbopropeller blade position any one engine on two-engine airplanes. prompt detection of fire in the engine indicators must begin indicating when (3) In determining the probable op­ compartment. the blade has moved below the flight low- erating combinations and durations of essential loads for the power failure con­ Note: An overtemperature switch in each pitch position. engine cooling air exit will he considered ditions described in subparagraphs (1 ) adequate to meet this requirement. A ir p l a n e F l ig h t M a n u a l and (2 ) of this paragraph, it is permis­ Operating Procedures, FAR 23.1585(c) sible to assume that the power loads are (b) Each fire detector must be con­ reduced in accordance with a monitoring structed and installed to withstand the (.For turbopropeller powered airplanes vibration, inertia, and other loads to only). Procedures must be included for procedure which is consistent with safety which it may be subjected in operation. restarting turbine engines in flight (in­ in the types of operations authorized. cluding the effects of altitude). Ventilation, FAR 23.831. In addition (c) No fire detector may be affected to the requirements of FAR 23.831, for oy any oil, water, other fluids, or fumes S y s t e m s a n d E q u ip m e n t that might be present. pressurized aircraft, ventilating air in (d) There must be means to allow the s u m m a r y o f p r o p o s e d s y s t e m s a n d e q u i p ­ crew and passenger compartments must m e n t AIRWORTHINESS REQUIREMENTS be free of harmful or hazardous concen­ crew to check, in flight, the functioning trations of gases and vapors in normal oi each fire detector electric circuit. The proposed systems and equipment operation and in the event of reasonably Wiring and other components of airworthiness requirements are the same probable failures or malfunctioning of each fire detector system in a fire zone for turbopropeller powered airplanes as the ventilating, heating, pressurization, must be at least fire resistant. for reciprocating-engine powered air­ or other systems, and equipment. If „ r.lreFrotection> Cowling and Nacelle planes. These include provisions for accumulation of hazardous quantities of aKin (For reciprocating-engine powered crew and passenger comfort and safety smoke in the cockpit area is reasonably S fino6? °nly) • R e v is e

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5706 PROPOSED RULE MAKING sources, main power busses, transmission of PAR 23.1357, circuits for loads which extending from the 6 -mile radius area to 8 cables, and associated control, regula­ are essential to safe operation must have miles SW of the RBN. tion, and protective devices. It must be individual and exclusive circuit protec­ The proposed transition area is re­ designed so that— tion. quired for the protection of IFR opera­ (1) The system voltage and frequency S a f e t y E q u i p m e n t tions at the Gainesville Municipal Air­ (as applicable) at the terminals of all port. A prescribed instrument approach essential load equipment can be main­ Oxygen Equipment and Supply. For procedure to this airport utilizing the tained within the limits for which the pressurized aircraft, for maximum oper­ Gainesville (private) nondirectional ra­ equipment is designed, during any prob­ ating altitude above 15,000 feet, up to dio beacon is proposed in conjunction able operating conditions; and including 25,000 feet, an oxygen dis­ with the designation of this transition (2) System transients due to switch­ pensing unit and oxygen supply terminal area. ing, fault clearing, or other causes do providing at least a 1 0 -minute supply of Interested persons may submit such not make essential loads inoperative, and oxygen must be within reach of each written data, views, or arguments as they do not cause a smoke or fire hazard; member of the required minimum flight may desiie. Communications should be (3) There are means accessible, in crew and for any one passenger if pas­ submitted in triplicate to the Area Man­ flight, to appropriate crewmembers for senger capacity is 1 0 or less and for any ager, Atlanta Area Office, Attention: the individual and collective disconnec­ 2 passengers if passenger capacity is Chief, Air Traffic Branch, Federal Avia­ tion of the electrical power sources from greater than 1 0 but not more than 2 0 . tion Administration, Post Office Box the system; and This amendment is proposed under the 20636, Atlanta, Ga. 30320. All com­ (4) There are means to indicate to authority of sections 313(a), 601, and munications received within 30 days appropriate crewmembers the generating 603 of the Federal Aviation Act of 1958 after publication of this notice in the system quantities essential for the safe (49 U.S.C. 1354(a), 1421, and 1423). F e d e r a l R e g is t e r will be considered be­ operation of the system, such as the Issued in Washington, D.C., on March fore action is taken on the proposed voltage and current supplied by each 30,1967. amendment. No hearing is contem­ generator. C . W . W a l k e r , plated at this time, but arrangements for- Electrical Equipment and Installation. Director, Flight Standards Service. informal conferences with Federal Avia­ Electrical equipment, controls, and wir­ tion Agency officials may be made by ing must be installed so that operation [F.R. Doc. 67-3818; Filed, Apr. 6 , 1967; contacting the Chief, Air Traffic Branch. of any one unit or system of units will 8 :4 5 a .m .] Any data, views, or arguments presented not adversely affect the simultaneous op­ during such conferences must also .be eration of any other electrical unit or [ 14 CFR Part 71 1 submitted in writing in accordance with system essential to the safe operation. this notice in order to become part of Distribution System, (a) The distri­ [Airspace Docket No. 67-SO-35] the record for consideration. The pro­ bution system includes the distribution posal contained in this notice may be busses, their associated feeders, and each TRANSITION AREA changed in the light of comments control and protective device. Proposed Designation received. (b) Each system must be designed so The official docket will be available for that essential load circuits can be sup­ The Federal Aviation Agency is con­ examination by interested persons at plied in the event of reasonably probable sidering an amendment to Part 71 of the the Southern Regional Office, Federal faults or open circuits, including faults Federal Aviation Regulations that would Aviation Administration, Room 724, in heavy current carrying cables. designate the Gainesville, Ga., transi­ 3400 Whipple Street, East Point, Ga. (c) If two independent sources of elec­ tion area. This amendment is proposed under trical power for particular equipment or The Gainesville transition area would section 307(a) of the Federal Aviation systems are required by this chapter, be designated as; Act of 1958 (49 UjS.C. 1348(a)). their electrical energy supply must be en­ sured by means such as duplicate electri­ That airspace extending upward from 700 Issued in East Point, Ga., on March 28, feet above the surface within a 6 -mile radius 1967. cal equipment, throwover switching, or of the Gainesville Municipal Airport (lati­ multichannel or loop circuits separately W. B. R u c k er , tude 34°16'23" N., longitude 83°49'45'' W.); Acting Director, Southern Region. routed. w ith in 2 miles each side of the 216° bearing Circuit Protective Devices, FAR from the Gainesville, Ga., RBN (latitude [-F.R. Doc. 67-3819; Filed, Apr. 6 , 1967; 23.1357. In addition to the requirements 34016'29.99” N., longitude 83°49'55.58" W .), 8 :4 5 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5707 Notices

T. 11 N., R. 28 E., Gap National Historical Park, Post Of­ department o f t h e in t er io r Sec. 10, NE *4, Ei/aNW^, NE % SE 1 4 , a n d E1/2NW14SW14; fice Box 840, Middlesboro, Ky. 40965, by June 6 , 1967. Those not wishing to ap­ Bureau of Land Management Sec. 14, Ei/2 Ey2, NWV4NEV4, SW ^SE^, N y SW 1 4 , and SW%SW^4 ; pear in person may submit written-state­ [Arizona 032224] 2 Sec. 15, NE^4NW]4; ments on the wilderness proposal to the Sec. 23, N % NE % and SE 14 NE hearing officer at that address for in­ ARIZONA Sec. 26, NWÎ4, W%NE}4, E%SE^4, and clusion in the official record concerning Notice of Proposed Classification of SWV4SE14; the proposal which will be held open for Sec. 27, W‘/2, NW%NE^, and SW&SE 1 4 . Public Lands 30 days following conclusion of the hear­ The lands described aggregate 4943.50 ing. 1. Notice is hereby given of a proposal acres. Time limitations may make it neces­ to classify the lands described below for F red J. W e il e r , sary to limit the length of oral presenta­ disposal under the Recreation and Pub­ State' Director. tions and to restrict to one person the lic Purposes Act (43 U.S.C. 869 et seq.). presentation made in behalf of an orga­ This publication is made pursuant to March 30, 1967. nization. An abbreviated oral statement the Act of September 19, 1964 (43 U.S.C. [F.R. DoC. 67-3823; Piled, Apr. 6 , 1967; may, however, be supplemented by a 1612). 8 :46 a.m .] more complete written statement which 2. The lands in T. 11 N., R. 28 E., sit­ should be submitted to the hearing of­ uated in Apache County, lie within the ficer at the time of presentation of the proposed Lyman Lake State Park and National Park Service oral statement. Written statements pre­ have an elevation of approximately 6 , 0 0 0 CUMBERLAND GAP NATIONAL HIS­ sented in person at the hearing will be feet above sea level. The Arizona State TORICAL PARK, KENTUCKY, TEN­ considered for inclusion in the tran­ Parks have evaluated these lands as scribed hearing record. However, all having excellent recreation potential. NESSEE, AND VIRGINIA materials so presented at the hearing The remaining parcels are within the Proposed Wilderness Establishment; shall be subject to determinations that immediate vicinity of the Tucson urban Hearing they are appropriate for inclusion in the area and have been identified by the transcribed record. To the extent that city of Tucson and Pima County as Notice is hereby given in accordance time is available after presentation of needed to supplement their proposed with the provisions of the Act of Septem­ oral statements by those who have given park and school system. ber 3, 1964 (78 Stat. 890, 892; 16 U.S.C. the required advance notice, the hear­ 1131,1132), that a public hearing will be 3. This proposal has been discussed ing officer will give others present an op­ "held beginning at 9 a.m., on June 8,1967, portunity to be heard. with State, county, and local govern­ in the Middlesboro Junior High School ment agencies, the soil conservation dis­ After an explanation of the proposals auditorium, 228 North 20th Street, Mid­ by a representative of the National Park trict, and other interested parties of rec­ dlesboro, Ky., and another beginning at ord. Information derived from discus­ Service, the hearing officer, insofar as 9 :a.m., on June 9, 1967, in the Ewing possible, will adhere to the following or­ sions and other services indicates that Elementary School auditorium, U.S. these lands meet the criteria of 43 CFR der in calling for the presentation of oral Highway 58, Ewing, Va., for the purpose statements: 2410.1-3 (c) (3) for nonprofit recreation of receiving comments and suggestions as and public purpose uses proposed by the 1. Governor of the State or his repre­ to the appropriateness of a proposal for sentative. Arizona State Parks and Recreation De­ the establishment of a wilderness area partment and the Pima County Parks 2. Members of Congress. comprising about 8,980 acres within the 3. Members of the State Legislature. and Recreation Department. Publica­ Cumberland Gap National Historical tion in the F ederal R egister segregates 4. Official representatives of the coun­ the described lands from all forms of Park. The proposed wilderness area is ties in which the proposed wilderness located in Bell and Harlan Counties, Ky., area is located. disposal under the public land laws ex­ and Lee County, Va. cept the Recreation and Public Pur­ 5. Officials of other Federal agencies poses Act. A packet containing a map depicting or public bodies. the preliminary boundaries of the pro­ 6 . Organizations in alphabetical order. 4. Information concerning the lands posed wilderness area and providing ad­ 7. Individuals in alphabetical order. is available for inspection and study in ditional information about the proposal 8 . Others not giving advance notice, to Room 3010, Federal Building, Phoenxi, may be obtained from the Superin­ the extent there is remaining time. Ariz. For a period of 60 days from the tendent, Cumberland Gap National His­ date of this publication, interested torical Park, Post Office Box 840, Mid­ A. C. S tratton, Parties may submit comments to the Acting Director, dlesboro, Ky. 40965, or the Regional Di­ National Park Service. Manager, Bureau of Land Management, rector, National Park Service, Federal Room 3010, Federal Building, Phoenix, Building, Box 10008, 400 North Eighth March 24,1967. Ariz. 85025. The lands affected by this Street, Richmond, Va. 23240. [P.R. Doc. 67-3824; Piled, Apr. 6 , 1967; Proposal are located in Pima and Apache A description of the preliminary 8 :4 6 a jn .] Counties and are described as follows: boundaries and a larger map of the area Gila and S alt R iver Meridian proposed for establishment as wilder­ T- 12 S., R. 13 E .,, ness are available for review in the above Sec. 1 9 , lots 3 and 4, Ei/ 2 WV2 a n d EV2 . offices, and in Room 1013 of the Depart­ DEPARTMENT OF AGRICULTURE T-15 S., R. 10 E., ment of the Interior Building at 18 th and Federal Crop Insurance Corporation Sec. 30, lots 1 to 4, inclusive, E&W% anc C Streets NW., Washington, D.C. The Master Plan for this park, likewise, may [Notice No. 12] Sec. 31, lots 1 to 4, inclusive, E^W ^ anc be inspected at these three locations. OATS IN IOWA AND WISCONSIN E%- T. 16 S., R. 10 E., Interested individuals, representatives Extension of Closing Date for Filing Sec. 3, lots 1 to 3, inclusive, and lots 5 tc of organizations and public officials are of Applications for Insurance for invited to express their views in person 16, in clu sive, a n d S ^ ; 1967 Crop Year Sec. 4, lot 1 and S%:' at the aforementioned public hearing, Sec. 9, N%; provided they notify the hearing officer in Pursuant to the authority contained Sec. 10, N%. care of the Superintendent, Cumberland in § 401.3 of Title 7, as amended, and

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 No. 67-----6 5708 NOTICES pursuant to paragraph 1 of the resolu­ [Notice No: 16] Changes of functional assignments are tion adopted by the Board of Directors CORN, GRAIN SORGHUM, AND made effective by publication in the Fed- of the Federal Crop Insurance Corpora­ era l R e g is t e r of an appropriate amend- tion on March 19, 1954, the time for fil­ SOYBEANS IN NEBRASKA ment of the Secretary’s order dated ing applications for oat crop insurance Extension of Closing Date for Filing December 24, 1953 (19 F.R. 74), as for the 1967 crop year in all counties in of Applications for Insurance for amended. Iowa and Wisconsin where such insur­ In order to be considered, views and ance is otherwise authorized to be offered 1967 Crop Year comments of interested persons and is hereby extended until the close of busi­ Pursuant to the authority contained groups must be received by the Secretary ness on April 14, 1967. Such applica­ in § 401.3 of Title 7, as amended, and by May 8,1967. tions received during this period will be pursuant to paragraph 1 of the resolution Done at Washington, D.C., the 4th day accepted only after it is determined that adopted,, by the Board of Directors of no adverse selectivity will result. of April 1967. the Federal Crop Insurance Corporation O r v il l e L. F r eem an, | J o h n N . L u f t , on March 19, 1954, the time for filing Secretary. Manager, applications for corn, grain sorghum, and [F.R. Doc. 67-3867; Filed, Apr. 6 , 1967; Federal Crop Insurance Corporation. soybean crop insurance for the 1967 crop 8 :5 0 a.m .] [F.R. Doc. 67-3838; Filed, Apr. 6 , 1967; year in all counties in Nebraska where 8:4 7 a.m .] such insurance is otherwise authorized to be offered is hereby extended until the close of business on May 15, 1967. Such [Notice No. 13] applications received during this period DEPARTMENT OF HEALTH, EDUCA­ TOBACCO IN SOUTH CAROLINA will be accepted only after it is deter­ mined that no adverse selectivity will TION, AND WELFARE Extension of Closing Date for Filing result. Food and Drug Administration of Applications for Insurance for J o h n N . L u f t , 1967 Crop Year Manager, PAINT SPECIALTIES CO. Federal Crop Insurance Corporation. Pursuant to the authority contained Notice of Withdrawal of Petition for in § 401.3 of Title 7, as amended, and [F.R. Doc. 67-3866; Filed, Apr. 6 , 1967; 8:50 a.m .] Food Additives pursuant to paragraph 1 of the resolu­ tion adopted by the Board of Directors Pursuant to the provisions of the Fed­ of the Federal Crop Insurance Corpora­ eral Food, Drug, and Cosmetic Act (sec. tion on March 19, 1954, the time for fil­ Office of the Secretary 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), ing applications for tobacco crop insur­ PACKERS AND STOCKYARDS the following notice is issued : ance for the 1967 crop year on type 13 ADMINISTRATION In accordance with § 121.52 With­ tobacco in South Carolina counties where drawal of petitions without prejudice of such insurance is otherwise authorized to Proposed Transfer of Functions, Dele­ the procedural food additive regulations be offered is hereby extended until the gations of Authority, and Establish­ (21 CFR 121.52), Paint Specialties Co., close of business on April 28, 1967. Such ment of New Agency 1336 16th Street, Oakland, Calif. 94607, applications received during this period has withdrawn its petition (FAP 6B1901), will be accepted only after it is deter­ In accordance with Reorganization notice of which was published in the mined that no adverse selectivity will Plan No. 2 of 1953 (5 U.S.C. 511 (foot­ F e d e r a l R e g is t e r of November 23, 1966 result. note)), which became effective June 4, (31 F.R. 14852), proposing an amend­ J o h n N . L u f t , 1953, under the provisions of the Reor­ ment to § 121.2548 Zinc-silicon dioxide Manager, ganization Act of 1949, as amended (5 matrix coatings to provide for the safe Federal Crop Insurance Corporation. U.S.C. 133z), and in order to afford inter­ use of polyvinyl butyral as a component [F.R. Doc. 67-3839; Filed, Apr. 6 , 1967; ested persons and groups an opportunity of zinc-silicon dioxide matrix coatings 8 :4 7 a .m j to place before the Department their for food-contact use. It has been de­ views with respect to the proposed ac­ termined that the proposed use of the tions, the Department is giving advance additive is already permitted by the pro­ [Notice No. 15] public notice of a proposed transfer of visions of § 121.2548(b)(2). CANNING AND FREEZING PEAS IN assigned functions and delegations, of Dated: March 30, 1967. MINNESOTA AND WISCONSIN authority and the establishment of a new agency. J . K . K ir k , Extension of Closing Date for Filing A continuing objective of the Depart­ ' Associate Commissioner of Applications for Insurance for ment is to develop more effective organi­ for Compliance. 1967 Crop Year zation. Because of the rapidly changing [F.R. Doc. 67-3855; Filed, Apr. 6 , 1967; character of livestock and poultry pro­ 8:4 9 a.m .] Pursuant to the authority contained duction and marketing, the increasing in § 401.3 of Title 7, as amended, and importance of these commodities to the pursuant to paragraph 1 of the resolution Nation’s agriculture and general econ­ PENNSALT CHEMICALS CORP. adopted by the Board of Directors of omy, and the accelerating development the Federal Crop Insurance Corporation of new marketing institutions, arrange­ Notice of Filing of Petition Regarding on March 19, 1954, the time for filing ments and trading practices, greater em­ Pesticides applications for canning and freezing phasis is required in administration of Pursuant to the provisions of the Fed­ pea crop insurance for the 1967 crop the Packers and Stockyards Act, 1921, as eral Food, Drug, and Çosmetic Act (sec. year in all counties in Minnesota and amended. It is proposed to establish a 408(d)(1), 6 8 Stat. 512; 21 U.S.C. 346a Wisconsin where such insurance is other­ new agency within the Department, to be (d) (1 )), notice is given that a petition wise authorized to be offered is hereby known as the Packers and Stockyards (PP 7F0570) has been filed by Pennsalt extended until the close of business on Administration, reporting to the Secre­ Chemicals Corp., 2901 Taylor Way, Ta­ April 28, 1967. Such applications re­ tary through the Assistant Secretary for coma, Wash. 98401, proposing the estab­ ceived during this period will be accepted Marketing and Consumer Services, and lishment of a tolerance of 0 .0 1 part per only after it is determined that no ad­ transfer to it the following functions and million for negligible residues o f en- verse selectivity will result. related delegations of authority: dothall (7-oxabicyclo(2,2,1)heptane-2,3- (1) From the Consumer and Market­ dicarboxylic acid) in or on the raw agri­ J o h n N .L u f t , ing Service—All of the functions admin­ cultural commodity cottonseed, from use Manager, istered by the Packers and Stockyards of its mono-NJV-dimethylalkylamine salt Federal Crop Insurance Corporation. Division thereof including administration as a defoliant on cotton wherein the [F.R. Doc. 67-3837; Filed, Apr. 6 , 1967; of the Packers and Stockyards Act, 1921, alkyl group is the same as in the fatty 8 :4 7 a m .] as amended (7 U.S.C. 181-229). acids of coconut oil.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 NOTICES 5709

The analytical method proposed in the VIRGINIA CHEMICALS, INC. plication which seeks authority to oper­ petition for determining residues of the ate between the coterminal points harvest aid is a gas chromatographic Notice of Withdrawal of Petition for Chicago and Detroit and the terminal [technique. Food Additive Sodium Hydrosulfite point Bermuda. Eastern filed an ap­ Dated: March 30,1967. plication in Docket 16093, as last amend­ Pursuant to the provisions of the Fed­ ed on May 31, 1966, for permanent or eral Food, Drug, and Cosmetic Act (sec. J . K . K i r k , temporary route authority between the Associate Commissioner 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), coterminals Chicago and Detroit and the for Compliance. the following notice is issued: hyphenated point Washington-Balti- In accordance with § 121.52 With­ more,2 and the terminal point Bermuda. [F.R. Doc. 67-3856; Filed, Apr. 6 , 1967; drawal of petitions without prejudice of 8 :49 a.m .] On May 31, 1966, Eastern also filed a the procedural food additive regulations motion for expedited hearing on its (21 CFR 121.52*, Virginia Chemicals, application. Inc., West Norfolk, Va. 23703, has with­ In Docket 15974 Trans Caribbean Air­ I THOMPSON-HAYWARD CHEMICAL drawn its petition (FAP 7A2086), notice CO. ways, Inc. (TCA) applied for authority of which was published in the F ed e r a l to serve the coterminal points Boston, R e g is t e r of October 12, 1966 (31 F.R. New York-Newark, Philadelphia, Balti­ [ Notice of Filing of Petition Regarding 13179), proposing the issuance of a regu­ Pesticides more, and Washington, the intermediate lation to provide for the safe use of so­ point Bermuda and the terminal point ! Pursuant to the provisions of the dium hydrosulfite as a processing aid in San Juan with rights to overfly or origi­ [Federal Food, Drug, and Cosmetic Act sugar production. nate flights at the intermediate points. [(sec. 408(d)(1), 6 8 Stat. 512; 21 U.S.C. tìhted: March 30,1967. In view of the recently amended route 1346a(d) (1) ), notice is given that a peti- provided for in the bilateral agreement [ tion (PP 7F0574) has been filed by J . K . K i r k , and the fact that the Board has not re­ Thompson-Hayward Chemical Co., Post Associate Commissioner viewed the question of service to Ber­ [ Office Box 2383, Kansas City, Kans. for Compliance. muda since the Boston-Bermuda Case, 66110, proposing the establishment of a [F.R. Doc. 67-3859; Filed, Apr. 6 , 1967; 9 CAB 563 (1948), we believe it appro­ tolerance of 0 .1 part per million for 8:4 9 a.m .] priate to examine whether a need exists [negligible residues of the insecticide p- for new or additional route authority [ chlorophenyl-2,4,5-trichlorophenyl sul­ between the U.S. gateways provided for fide in or on the raw agricultural com­ in the currently effective air service modity apples. CIVIL AERONAUTICS BOARD agreement and Bermuda. The analytical method proposed in the [Docket No. 18361; Order No. E-24935] We shall consolidate into the subject petition for determining residues of the Investigation Dockets 16093 and 15819 insecticide is an electron-capture gas BERMUDA SERVICE INVESTIGATION (other than Philadelphia-Bérmuda non­ chromatographic technique. Order Instituting Investigation stop service) , 2 and so much of Docket Dated: March 30, 1967. 15974 as involves authority between Adopted by the Civil Aeronautics Board Boston, New York, Baltimore, and Wash­ J . K . K ir k , at its office in Washington, D.C., on ington, on the one hand, and Bermuda, Associate Commissioner the 31st day of March 1967. on the other hand. for Compliance. On May 27, 1966, the Governments of In order that the Board may be in a position to broadly examine the service [F.R. Doc. 67-3857; Filed, Apr. 6 , 1967; the United States and the United King­ 8:4 9 a.m .] dom signed amendments to their Air needs between the U.S. points named in Services Agreement of February 11,1946, the U.S.-U.K. route annex and Bermuda, as subsequently amended. The new we shall place in issue three additional UNION CARBIDE CORP. route annex, among other things, adds questions as follows: Detroit and Chicago to the existing First, we will place in issue whether Notice of Filing of Petition Regarding points of Boston, New York, Baltimore, any applicant should be authorized to Pesticides and Washington, D.C., on U.S. Route 8 engage in interstate air transportation of the bilateral.1 between the coterminals on flights orig­ [ Pursuant to the provisions of the Pan American World Airways, Inc. inating and terminating at Bermuda.4 ! Federal Food, Drug, and Cosmetic Act (Pan American) and Eastern Air Lines* Historic traffic between most of the co- | (sec. 408(d)(1), 6 8 Stat. 512; 21 U.S.C. Inc. (Eastern) are certificated to provide terminals in issue and Bermuda has been 346a(d) (1 ) ), notice is given that a peti­ service from various gateways to Ber­ relatively thin. Under these circum­ tion (P P 7F0573) has been filed by muda. Pan American is authorized to stances, the support of local traffic may Union Carbide Corp., Agricultural Prod­ operate between the coterminals New enable one or more carriers to success­ ucts, Post Office Box 8361, South Charles­ York and Boston and the terminal point fully mount a full pattern of service and ton, W. Va. 25303, proposing the estab­ Bermuda, while Eastern is certificated thus develop and expand the markets. lishment of a tolerance of 0 . 5 part per to serve between the terminal points In addition, we will place in issue whether million for residues of the insecticide 2 - New York and Washington, on the one stopover rights should be granted in the methyl-2 - (methylthio) propionaldehyde- hand, and Bermuda, on the other. event domestic traffic rights are not O-(methylcarbamoyl) oxime in or on the On February 1, 1965, Pan American awarded. raw agricultural commodity potatoes. filed an application, in Docket 15819, for Second, we will explore the question The analytical method proposed in the a permanent or temporary amendment of of whether existing New York-Bermuda Petition for determining residues of the its certificate for Route FAM-17, so as to insecticide is extraction of the residue, designate Washington, D.C., Philadel­ 2 Hyphenation of Washington and Balti­ conversion to hydroxylamine, oxidation phia, Detroit, and Chicago, as coterminal more as an intermediate point would replace to nitrous acid, diazotization with sul- points, and Baltimore as an additional the currently designated coterminal point laniiic acid, coupling with naphthyla- W ashington, D.C. unrestricted coterminal point. On 3 Philadelphia is not designated in the mine, and colorimetric measurement of March 31,1966, Pan American moved for the resulting dye at 530 millimicrons. route annex as a gateway to Bermuda. expedited hearing on that part of its ap- 4 The existing authority of Pan American Dated: March 30, 1967. and Eastern shall not be in issue under sec. 401(g) of the Federal Aviation Act of 1958, J . K . K i r k , 1 The amendment deleted a U.S. carrieras amended, except in relation to the ques­ Associate Commissioner route which was not operated for many years tion of designating New York/Newark as a for Compliance. between Chicago/Detroit/Washington/Bal- terminal, the naming of airports at points timore/Philadelphia/New York/Boston and already served, and whether Eastern’s au­ Doc. 67-3858; Filed, Apr. 6 , 1967; [F.R. London via Gander, Bermuda, the Azores, thority to serve Washington should be 8:4 9 a.m .] and other intermediate points. amended to include Washington/Baltimore.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5710 NOTICES authority and any newly authorized au­ sengers to stopover at the eastern sea­ fective cut-off date which a listed appli­ thority should be designated in such a board coterminals ; cation or by any other conflicting appli­ manner as to permit only turnaround (c) Whether certificates relating to cation may have by virtue of conflicts service. HBased upon the existing pattern service at U.S. points should name spe­ necessitating a hearing with applications of mainland-Bermuda service it appears cific airports for any new authority appearing on previous lists. that New York traffic is used to support awarded and, pursuant to section 401(g) The attention of any party in interest certain of the flights to and from Ber­ of the Act, under the existing authority desiring to file pleadings concerning any muda. The need for such support, to the of Pan American and Eastern; pending standard broadcast application extent that it exists,, may no longer be 4. That the following applications or pursuant to section 309(d)(1) of the required if the successful applicants are parts thereof be and they hereby are Communications Act of 1934, as amend­ permitted to carry local traffic between consolidated into Docket 18361, Docket ed, is directed to § 1.580(1) of the Com­ coterminal points other than New York. 16093, Docket 15819 (other than Phila­ mission’s rules for provisions governing To the extent that New York traffic may delphia-Bermuda nonstop service) , and the time of filing and other requirements no longer he required for support pur­ Docket 15974 (other than Philadelphia- relating to such pleadings. poses the carriers may be able to operate Bermuda and San Juan service matters) ; Adopted: March 30,1967. more turnaround service and thereby 5. That motions to consolidate, appli­ better serve the market. Moreover, if cations, or petitions seeking modification F ederal C ommunications New York can be bypassed on Bermuda or reconsideration of this order and peti­ C o m m i s s i o n , flights .originating or terminating at tions for leave to intervene, be filed no [ s e a l ] B e n F . W a p l e , Secretary. other U.S. points, problems associated later than 2 0 days after the date of serv­ with air traffic congestion in the New ice of this order and that answers to A pplication s From th e Top o f th e Processing York area may .be alleviated. such pleadings be filed no later than 1 0 Line Third, because certain of the U.S. days thereafter; B P -17085 New, Macon, Miss. points involved are served by more than 6 . That pursuant to Rule 12(d) of the James W. Eatherton. one airport, we will place., in issue the Board’s rules of practice those portions R eq: 1400 kc, 250 w, U. question of whether the Board should of the applications in Dockets 15819 and B P -17434 New, Page, Ariz. designate the airport through which a 15974 not consolidated herein be and Lake Powell Broadcasting Co., they hereby are dismissed without In c. point should be served. This will permit Req: 1340 kc, 250 w, 1 kw-LS, U. an evaluation of the relative convenience prejudice; B P -17435 New, Youngstown, Ohio. of airports to the traveling public, 7. That this proceeding shall be set Media, Inc. whether competitive service should be down for hearing before an Examiner Req: 1500 kc, 500 w, 250 w(DA- authorized through different airports in of the Board at a time and place here­ C H ), D A -2, D ay. the same area, and whether, if an airport after designated; and B P -17437 WSMD, La Plata, Md. is or is about to become saturated, addi­ 8 . That, except to the extent granted Charles County Broadcasting Co., herein, the motions of Pan American In c. tional services should only be authorized Has: 1560 kc, 250 w, Day. at a less congested alternative airport in and Eastern in Dockets 15819 and 16093, Req: 1560 kc, 1 kw, 250 w(CH), the same area. respectively, be and they hereby are D ay. Accordingly, it is ordered: denied. B P -17439 New, Greenwood, S.C. 1. That an investigation to be known This order will be published in the United Community Enterprises, In c. as the Bermuda Service Investigation be, F ederal R e g is t e r . and it hereby is instituted in Docket Req: 1090 kc, 1 kw, Day. By the Civil Aeronautics Board. B P -17445 New, Wayne, Nebr. 18361, pursuant to sections 204(a) and Gleason Brothers. 401(g) of the Federal Aviation Act of [ s e a l ] H arold R. S a n d e r s o n , Req: 1590 kc, 500 w, Day. 1958, as amended, to determine whether Secretary. B P -17446 New, Crossville, Tenn. the public convenience and necessity re­ Millard V. Oakley Broadcasting [F.R. Doc. 67-3843; Filed, Apr. 6 , 1967; quire the alteration, amendment or mod­ Co. ification of carrier authorizations so as 8 :4 8 a.m .] Req: 1520 kc, 250 w, Day. to certificate one or more air carriers to B P -17449 WECP, Carthage, Miss. provide foreign air transportation be­ Meredith Colon Johnston. tween the coterminal points Chicago, De­ Has: 1480 kc, 500 w, Day. FEDERAL COMMUNICATIONS Req: 1080 kc, 250 w, Day. troit, Boston, New York, Washington, B P -17450 New, Shell Lake, Wis. Baltimore, and Washington-Baltimore C harles R . L u tz and Erwin on the one hand, arid the terminal point COMMISSION Gladdenbergk. Bermuda, on the other hand; STANDARD BROADCAST APPLICA­ Req: 940 kc, 1 kw, Day. New, Calhoun City, Miss. 2. That the existing authority of Pan TIONS READY AND AVAILABLE B P-17451 American and Eastern shall not be re­ Calhoun County Broadcasting duced by alteration, amendment, modifi­ FOR PROCESSING Co. A p r il 5,1967. Req: 1530 kc, 250 w, Day. cation or suspension pursuant to section B P -17452 New, Yadkinville, N.C. 401(g) of the Act except as set forth in Notice is hereby given, pursuant to Yadkin Broadcasting Co., Inc. 3, below; § 1.571(c) of the Commission’s rules, Req: 1480 kc, 1 kw, DA, Day. 3. That the following be considered as that on May 12,1967, the standard broad­ B P -17453 KPUA, Hilo, Hawaii. specific issues in the proceeding: cast applications listed in the attached P a cific B ro a d ca stin g Co., Inc. (a) Whether, pursuant to section 401 Appendix will be considered as ready and Has: 970 kc, 1-kw, U. (g) of the Act, the existing New York- available for processing. Pursuant to Req: 970 kc, 5 kw, U. B P -17460 New, Prattville, Ala. Bermuda authority of Pan American and § 1.227(b) (1) and § 1.591(b) of the Com­ Autauga Broadcasting, Inc. Eastern should be restricted to the pro­ mission’s rules, an application, in order Req: 1410 kc, 5 kw, Day. vision of turnaround service and whether to be considered with any application B P -17462 KOAG, Arroyo Grande, Calif. any new New York-Bermuda authority appearing on the attached list or with Larson-Irwin Enterprises. should be restricted in the same manner; any other application on file by the close Has: 1280 kc, 1 kw, DA-2, U. (b) Whether any * awards under the of business on May 11, 1967, which in­ Req: 1280 kc, 1 kw, DA-N, U. B P -17464 KPWB, Piedmont, Mo. authority in issue which relate to flights volves a conflict necessitating a hearing Wayne County Broadcasting Co., originating or terminating at Bermuda with an application on this list, must In c. shall include the right to engage in inter­ be substantially complete and tendered Has: 1140 kc, 250 w, Day. state air transportation between the co- for filing at the offices of the Commis­ Req: 1140 kc, 1 kw, Day. terminals; and whether, if domestic traf­ sion in Washington, D.C., by whichever B P -17465 New, Chiefland, Fla. fic rights are not awarded, the awards date is earlier: (a) The close of business W hite Construction Co., Inc. should include the right to permit pas­ on May 11, 1967, or (b) the earlier ef­ Req: 940 kc, 500 w, Day.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 NOTICES 5711 BP-17468 WTBP, Troy, Ala. B P -17511 New, Show Low, Ariz. 17258, File No. BPCT-3599; John Mc­ Troy Broadcasting Corp. White Mountain Broadcasters, Lendon, trading as Tele/Mac of Mem­ Has: 970 kc, 500 w, 5 kw-LS, In c . D A -2, U . Req: 1450 kc, 250 w, 1 kw-LS, phis, Memphis, Tenn., Docket No. 17259, Req: 970 kc, 500 w, 5 kw-LS, D ay. File No. BPCT-3762; Victor Muscat and D A -N , U . B P -17513 WNRV, Narrows-Pearisburg, Va. Cliff Ford, doing business as Memphis BP-17469 WVAM, Altoona, Pa. Megan H. McWilliams. Broadcasting A sso cia tes, Memphis, Blair County Broadcasters, Inc. Has: 990 kc, 1 kw, Day. Tenn., Docket No. 17260, File No. BPCT- Has: 1430 kc, 1 kw, DA-N, U. R eq: 990 kc, 5 kw, Day. 3787; for construction permit for new Req: 1430 kc, 1 kw, 5 kw-LS, B P -17514 New, Lenoir, N.C. television broadcast station. D A -N , U. Furniture City Broadcasters, Inc. BP-17471 WCED, Du Bois, Pa. R eq: 1080 kc, 1 kw, Day. On the informal request of Memphis Tri-County Broadcasting Co. B P -17516 WLLL, Lynchburg, Va. Broadcasting Associates, all parties hav­ Has: 1420 kc, 500 w, 5 kw-LS, Griffith Broadcasting Corp. ing consented; D A -2, U. • H as: 930 kc, 1 kw, Day. It is ordered, This 3d day of April 1967, Req: 1420 kc, 500 w, 5 kw-LS, R eq: 930 kc, 5 kw, Day. that the prehearing conference now D A -N , U . B P -17517 New, Sioux Falls, S. Dak. BP-17472 WTIV, Titusville, Pa. John L. Breece. scheduled for April 4, 1967, is continued Crawford County Broadcasting Req: 1000 kc, 10 kw, DA, Day. to April 12, 1967, at 9 a.m., in the offices Co., In c. B P -17520 New, Bayard, N. Mex. of the Commission at Washington, D.C. Has: 1230 kc, 250 w, 500 w-LS, U. George L. McFarland. Released: April 4,1967. Req: 1230 kc, 250 w, 1 kw-LS, U. Req: 950 kc, 1 kw, Day. BP-17473 New, Catskill, N.T. B P -17521 New, Hurricane, W. Va. F ede r a l C ommunications Caranje Broadcasting Co., Inc. Valley Broadcasting, Inc. C o m m i s s i o n , Req: 560 kc, 1 kw, DA, Day. Req: 1080 kc, 1 kw, Day. [ s e a l ] B e n F . W a p l e , BP-17475 New, Marion, Ky. B P -17522 New, De W itt, Ark. Secretary. Crittenden County Broadcasting De W itt Broadcasting Co., Inc. Co. Req: 1470 kc, 500 w, Day. [F.R. Doc. 67-3845; Filed, Apr. 6 , 1967; Req: 1500 kc, 250 w, Day. B P -17523 New, Hardinsburg, Ky. 8 :4 8 a.m .] O. C. Carter, Paul Fuqua, and BP-17476 WPFP, Park Palls, Wis. R. D. Ingram. Northland Broadcasting, Inc. R eq: 1520 kc, 250 w, Day. [Docket No. 14817; FCC 67M-551] Has: 1450 kc, 250 w, 1 kw-LS, U. B P -17524 KRPL, Moscow, Idaho. Req: 980 kc, 1 kw, Day. K R PL, Inc. RADIO STATION KQXI (KQXI) BP-17479 New, Tomahawk, Wis. Has: 1400 kc, 250 w, U. Tomahawk Broadcasting Co. Req: 1400 kc, 250 w, 1 kw-LS, U. Order Continuing Hearing Req: 810 kc, 500 w, Day. B P -17526 KBHS, Hot Springs, Ark. In re application of Frances C. Ga- BP-17480 New, Walden, N.Y. Tim Timothy, Inc. guine & Bernice Schwartz, doing business Everette Broadcasting Co., Inc. H as: 590 kc, 5 kw, Day. as Radio Station KQXI (KQXI), Arvada, Req: 1170 kc, 250 w, Day. Req: 590 kc, 1 kw, 5 kw-LS, DA- BP-17482 New, Mechanicville, N.Y. N , U. Colo., Docket No. 14817, File No. BMP- Mechanicville Broadcasting Co. B P -17527 New, Warrenton, N.C. 9769; for construction permit. Req: 1170 kc, 250w, Day. Warren County Radio. The Chief Hearing Examiner having BP-17485 New, Lakewood, N.J. R eq: 1520 kc, 1 kw, Day. under consideration a motion filed Radio New Jersey. B P -17528 New, Catlettsburg, Ky. March 31, 1967, on behalf of the appli­ Req: 1170 kc, 5 kw, DA, Day. T. L. Gilbert. cant, requesting that the date for ex­ BP-17486 WRMP, Titusville, Fla. R eq: 1600 kc, 5 kw, Day. B P-17529 change of exhihits in this proceeding WRMF, Inc. - New, Saluda, S.C. Saluda Broadcasting Co., Inc. be continued from April 5 to April 19, Has: 1050 kc, 500 w, Day. R eq: 1090 kc, 500 w, Day. 1967; that the date for notification of Req: 1060 kc, 5 kw, 10 kw-LS, B P -17530 D A -2, U. New, Bartow, Fla. witnesses be continued from April 19 to Trans-Florida Radio, Inc. BP-17487 May 3, 1967; and that the date of com­ KRRR, Ruidoso, N. Mex. Req: 1130 kc, 1 kw, Day. mencement of the hearing be continued Sierra Blanca Broadcasting Co. B P -17531 New, Nelsonville, Ohio. from April 25 to May 8 , 1967; Has: 1340 kc, 250 w, 1 kw-LS, U. Valley Broadcasting, Inc. Req: 1360 kc, 5 kw, Day. R eq: 940 kc, 250 w, DA, Day. It appearing, that due to the heavy BP-17493 New, Spray, N.C. B P -17532 KVWM, Show Low, Ariz. workload and complexity of the tech­ Ray A. Childers. Peak Broadcasting Co. nical showing, applicant’s engineer re­ Req: 1130 kc, 1 kw, Day. H as: 970 kc, 1 kw, Day. quires an additional 2 weeks to complete ÈP-17495 New, Globe, Ariz. R eq: 970 kc, 5 kw, Day. preparation of such exhibits; Herb Newcomb. B P -17534 New, Berea, Ky. Req: 1240 kc, 250 w, U. Regional Broadcasting Co. It further appearing, that counsel for BP-17496 New, Freehold, N.J. Req: 1500 kc, 250 w, Day. all parties to this proceeding have no Molly Pitcher Broadcasting Co., B P -17535 KNCB, Vivian, La. objection to the immediate consideration In c. North Caddo Broadcasting Co. and grant of this motion, and good cause Req: 1070 kc, 1 kw, DA, Day. H as: 1600 kc, 500 w, Day. for the granting having been shown; BP-17497 New, West Hazleton, Pa. Req: 1600 kc, 5 kw, Day. It is ordered, This the 3d day of April CBM, Inc. B P -17536 WLKE, Waupun, Wis. 1967, that the motion is granted; that Req: 1300 kc, 1 kw, DA, Day. Radio Waupun. BP-17498 Has: 1170 kc, 250 w, Day. the date for exchange of exhibits in the New, West Hazleton, Pa. Req: 1170 kc, 1 kw, Day. above-entitled proceeding is continued Broadcasters 7, Inc. B M L -2204 WBMK, West Point, Ga.-Lanett, Req: 1300 kc, 5 kw, DA, Day. A la. from April 5 to April 19, 1967; that the BP-17499 New, Pittsfield, Mass. Radio Valley, Inc.. date for notification of witnesses is con­ Taconic Broadcasters. Has: 1310 kc, 1 kw, Day (West tinued from April 19 to May 3,1967; and R eq: llio kc, 5 kw, DA, Day. Point, Ga.). BP-17502 New, Cranston, R.I. Req: 1310 kc, 1 kw, Day (West that the date for commencement of the Cranston-Warwick Radio, Inc. Point, Ga.-Lanett, Ala.). hearing is continued from April 25 to Req: 1170 kc, 5 kw, DA, Day. May 8 , 1967, beginning at 10 a.m., in BP-17504 [P .R . D oc. 67-3844; Filed, Apr. 6 , 1967; New, Cornwall, N.Y. 8 :4 8 a.m .] the offices of the Commission, Washing­ Radio Cornwall. Req: 1170 kc, 1 kw, DA, Day. ton, D.C. BP-17505 New, Somerville, N.J. [Docket Nos. 17258-17260; FCC 67M-554] Released: April 4, 1967. Somerset Valley Broadcasting Co. Req: 1170 kc, 1 kw, Day. GAMMA TELEVISION CORP. ET AL. F ederal C ommunications BP-17508 WAIK, Galesburg, 111. Order Continuing Prehearing C o m m i s s i o n , Webster Broadcasting Co. [ s e a l ] B e n F . W a p l e , Has: 1590 kc, 5 kw, DA, Day. Conference Secretary. Req: 1590 kc, 500 w, 5 kw-LS, In re applications of Gamma Televi­ D A -2, U. [F.R. Doc. 67-3846; Filed, Apr. 6 , 1967; sion Corp., Memphis, Tenn., Docket No. 8 :4 8 a .m .]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5712 NOTICES

[Docket Nos. 16655, 16656; FCC 67M-499] the offices of the Commission in Wash­ and procedure, a public hearing shall be JONES T. SUDBURY AND NORTHWEST ington, D.C. held concerning the lawfulness of the Released; March 24,1967. proposed change. BROADCASTING CO., INC. (B) Pending hearing and decision Order Rescheduling Hearing F ed e r a l C ommunications thereon, the rate supplement herein is C o m m i s s i o n , suspended and its use deferred until date In re applications of Jones T. Sudbury, [ s e a l ] B e n F . W a p l e , Shown in the “Date Suspended Until’’ Martin, Tenn., Docket No. 16655, File Secretary. column, and thereafter until made effec­ No. BPH-5067; Northwest Tennessee [F.R. Doc. 67-3847; Filed, Apr. 6 , 1967; tive as prescribed by the Natural Gas Broadcasting Co., Inc., Martin, Tenn., 8:4 8 a.m .] Act: Provided, however, That the sup­ Docket No. 16656, File No. BPH-5174; plement to the rate schedule filed by for construction permits. Respondent shall become effective sub­ The Hearing Examiner has under con­ ject to refund on the date and in the sideration a petition filed March 17, 1967, manner herein prescribed if within 20 FEDERAL POWER COMMISSION days from the date of the issuance of on behalf of Jones T. Sudbury requesting [Docket No. RI67-330] that the evidentiary hearing now sched­ this order Respondent shall execute and uled to begin March 27, 1967, be con­ GULF OIL CORP. file under its above-designated docket tinued to May 22,1967. number with the Secretary of the Com­ Order Providing for Hearing on and mission its agreement and undertaking The continuance of the evidentiary to comply with the refunding and re­ hearing is desired to give the Commission Suspension of Proposed Change in Rate, and Allowing Rate Change porting procedure required by the Nat­ time within which to act on a pleading ural Gas Act and § 154.102 of the regu­ filed March 8 , 1967, requesting a rule To Become Effective Subject to Re­ lations thereunder, accompanied by a making proceeding looking to the assign­ fund certificate showing service of a copy ment of a second FM channel to the Mar­ M a r c h 30,1967. thereof upon the purchaser under the tin-McKenzie, Tenn., area. Respondent named herein has filed a rate schedule involved. Unless Respond­ Pleadings addressed to the Review proposed change in rate and charge of a ent is advised to the contrary within Board and pleadings addressed to the currently effective rate schedule for the 15 days after the. filing of its agree­ Hearing Examiner are also on file. It sale of natural gas under Commission ment and undertaking, such agreement will be in the interest of orderly adminis­ jurisdiction, as set forth in Appendix A and undertaking shall be deemed to have tration to hold a further prehearing con­ hereof. been accepted. ference at which counsel will state in de­ The proposed changed rate and charge (C) Until otherwise ordered by the tail the positions of the applicants on the may be unjust, unreasonable, unduly Commission, neither the suspended sup­ various aspects of this proceeding. discriminatory, or preferential, or other­ plement, nor the rate schedule sought to It is ordered, This the 22d day of March wise unlawful. be altered, shall be changed until dis­ 1967, that a further prehearing confer­ The Commission finds: It is in the position of this proceeding or expiration ence will be held on Monday, March 27, public interest and consistent with the of the suspension period. 1967, beginning at 9 a.m. in the offices of Natural Gas Act that the Commission (D) Notices of intervention or peti­ the Commission in Washington, D.C.; enter upon a hearing regarding the law­ tions to intervene may be filed with the and fulness of the proposed change, and that Federal Power Commission, Washington, It is further ordered, That the petition the supplement herein be suspended and D.C. 20426, in accordance with the rules for continuance of the evidentiary hear­ its use be deferred as ordered below. of practice and procedure (18 CFR 1.8 The Commission orders: ing is granted, and the evidentiary hear­ and 1.37(f)) on or before May 10, 1967. (A) Under the Natural Gas Act, par­ ing now scheduled to begin on Monday, ticularly sections 4 and 15, the regula­ By the Commission. March 27, 1967, is continued to Monday, tions pertaining thereto (18 CFR Ch. I ), [ s e a l ] J o s e p h H- G utr id e, May 22, 1967, beginning at 10 a .in., in and the Commission’s rules of practice Secretary. Appendix A

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

RI67-330- . Gulf Oil Corp., Post 182 6 H. L. Hunt et al.1 (Harleton (Whelan) . $630 2-27-67 34-1-67 » 4-2-67 13,1 4 ‘ 13.7 RI64-231. Office Box 1589, Field, Harrison County, Tex.) Tulsa, Okla. 74102. (RR. District No. 6).

» H. L. Hunt resells the gas under Its FPC Gas Rate Schedule No. 4 to TexasEast- 3 The stated effective date is the effective date proposed by Respondent, ern Transmission Corp. at a current effective rate of 16.0 cents, subject to refund in - * The suspension period is limited to 1 day. Docket No. RI65-260. Hunt has filed its related increase to 16.2 cents which is cur- 4 Three-step periodic rate increase, rently suspended in Docket No. RI67-92 until Apr. 1, 1967. 6 Pressure base is 14.65 p.s.i.a. Gulf Oil Corp. (Gulf) proposes a three-step rently suspended in Docket No. RI67-97 until because such ceiling is applicable to Hunt’s periodic rate increase to 13.7 cents per Mcf April 1, 1967. Gulf’s proposed increase of resale rate, not to Gulf’s. In view of the fact for a sale of gas to H. L. Hunt et al. (Hunt) 13.7 cents is directly geared to Hunt’s 16.2 that the resale rate of Hunt is suspended in in Texas Railroad District No. 6 . Hunt under cents suspended rate. Although Gulf’s pro­ Docket No. RI67-92, we conclude that a its FPC Gas Rate Schedule No. 4 resells the posed rate does not exceed the area increased 1 -d a y su sp en sio n fro m A pril 1, 1967, the pro­ gas to Texas Eastern Transmission Corp. at rate ceiling of 14.0 cents per Mcf for Texas posed effective date, is appropriate. a current rate of 16.0 cents per Mcf subject Railroad District No. 6 as announced in the to refund in Docket No. RI65-260. Hunt has Commission’s statement of general policy [F.R. Doc. 67-3742; Filed, Apr. 6 , 1967; filed an increase to 16.2 cents, which is cur­ No. 61-1, as amended, it should be suspended 8 :4 5 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 NOTICES 5713

[Docket Nos. 0-2595 etc.] Docket No. Price per Pres­ LESH CO. ET A L and date filed Applicant Purchaser, field, and location Mcf sure base Notice of Applications for Certifi­ cates, Abandonment of Service G-2595____ Lesh Co. (successor to Barron Natural Gas Pipeline Co. of America, 14.5 14.65 E 2-27-67 Kidd and C. R. Smith), 509 Amargosa Field, Jim Wells County, and Petitions To Amend Certifi­ 3-20-67» Riggs Circle, Mesquite, Tex. Tex. cates 1 75149. G-11864.__. Mobil Oil Corp., Post Office Box Lone Star Gas Co., Doyle Field, (?) ...... M a r c h 30,1967. D 3-21-67 2444, Houston, Tex. 77001 Stephens County, Okla. (partial abandonment). Take notice that each of the Applicants G-12994___ Wilhelmina duP. Ross (Operator) Texas Eastern Transmission Corp., Depleted listed herein has filed an application or D 3-20 -67 et al., 1306 Petroleum Tower, South Hallsville Field, Harrison ...... Shreveport, La. 71101 (partial County, Tex. petition pursuant to section 7 of the abandonment). Natural Gas Act for authorization to sell G—16376...... McCommons OÜ Co. et al., 1510 Natural Gas Pipeline Co. of America, (?) ...... D 3-13-67 Mercantile Securities Bldg., Boonsville Bend Conglomerate natural gas in interstate commerce or to Dallas, Tex. 75221. Field, Wise County, Tex. abandon service heretofore authorized CI61-1630-.. Gulf Oil Corp., Post Office Box Transcontinental Gas Pipe Line 19.0 15.025 as described hèrein, all as more fully C 3-13-67 1589, Tulsa, Okla. 74102. Corp., Vermilion Block 131, Oflshore Louisiana. described in the respective applications C162-396___ Anadarko Production Co., Post Colorado Interstate Gas Co., Council (») and amendments which are on file with D 3-22-67 Office Box 9317, Forth Worth, Grove Formation, Beaver County, Tex. 76101 (partial abandon­ Okla. the Commission and open to public ment). inspection. CI63-20-...... Humble Oil & Refining Co. Arkansas Louisiana Gas Co., Arkoma Assigned D 3-17-67 (Operator) et al., Post Office Area, Haskell County, Okla. Protests or petitions to intervene may Box 2180, Houston, Tex. 77001. be filed with the Federal Power Commis­ CI63-234___ Mobil Oil Corp. (Operator) et al., Arkansas Louisiana Gas Co., Red Oak ' (*) ______sion, Washington, D.C. 20426, in accord­ D 3-21-67 (partial abandonment). Field, Latimer County, Okla. CI63-459__ _ Gulf Oil Corp. (Operator) et al. * . . 1 Michigan Wisconsin Pipe Line Co., »17.0 14.65 ance with the rules of practice and C 3-16-67 Northwest Cedardale Field, Wood­ procedure (18 CFR 1.8 or 1.10) on or ward County, Okla. CI63-459__ Gulf Oil Corp. (Operator) et a l... Michigan Wisconsin Pipe Line Co., »»• 15.0 14.65 before April 21,1967. C 3-22-67 Northwest Oakdale Field, Woods Take further notice that, pursuant to County, Okla. CI63-726-- Davon Drilling Co. et al., Post Panhandle Eastern Pipe Line Co., »15.0 14.65 the authority contained in and subject C 9-9-63 Office Box 1586, Oklahoma City, acreage in Woods County, Okla. to the jurisdiction conferred upon the Okla. 73101. Federal Power Commission by sections CI64-437__ Anadarko Production Co., Post Northern Natural Gas Co., Ivanhoe Depleted ...... D 3-22-67 Office Box 9317, Fort Worth, and Mocane-Laverqe Fields, Beaver 7 and 15 of the Natural Gas Act and the Tex. 76101 (partial abandon­ County, Okla. Commission’s rules of practice and pro­ ment). CI66-1310-. Tidewater Oil Co. (Operator) Northern Natural Gas Co., Anadarko Assigned cedure, a hearing will be held without D 3-23-67 et al., Post Office Box 1404, Basin Area, Ellis County, Okla. further notice before thé Commission on Houston, Tex. 77001 (partial all applications in which no protest or abandonment). CI66-1343-- Development Services Corp. Mountain Fuel Supply Co.^ Pole 15.0 15.025 petition to intervene is filed within the E 1-23-67 (Operator) et al. (successor to Gulch Unit, Moffat County, Colo. H.L.M. Drilling Co. (Operator) time required herein if the Commission et al.), 645 Petroleum Club on its own review of the matter believes Bldg., Denver, Colo. 80202. that a grant of the certificates or the CI67-18___ _ Union Producing Co., Post Southern Natural Gas Co., Plum • 2a 625 15.025 C 3-17-67 Office Box 1407, Shreveport, Point Field, Lafourche Parish, La. authorization for the proposed abandon­ La. 71102. ment is required by the public con­ CI67-90____ Amax Petroleum Corp., 507 En­ Arkansas Louisiana Gas Co., Arkoma (10) D 2-21-67 terprise Bldg., Tulsa, Okla. Basin, Latimer County, Okla. venience and necessity. Where a pro­ 74103 (partial abandonment). test or petition for leave to intervene CI67-381___ Tenneco Oil Co., Post Office Northern Natural Gas Co., acreage in »»17.0 14.65 is timely filed, or where the Commission C 3-20-67 Box 2511, Houston, Tex. 77001. Ellis County, Okla. C167-1250__ Sunset International Petroleum Northern Natural Gas Co., Tubb and 11.7943 15.025 on its own motion believes that a formal (CS66-62) Corp. (successor to Wolfson Oil Blinebry Field, Lea County, F 3-10-67 Co.), 8920 Wilshire Blvd., N . Mex. hearing is required, further notice of Beverly Hills, Calif. 90211. such hearing will be duly given: Pro­ CI67-1260__ Exploration & Development, Inc. Kansas-Nebraska Natural Gas Co., 12.5 14.65 vided, however, That pursuant to § 2.56, (CI64-575) (successor to Anadarko Produc­ Inc., Bradshaw Field, Hamilton (CI64-679) tion Co. and Livingston Oil Co.) County, Okla. Part 2 , Statement of General Policy and F 3-9-67 c/o H. B. Watson, Jr., attorney, Interpretations, Chapter I of Title 18 of Walker & Watson, 220 Cravens Bldg., Oklahoma City, Okla. the Code of Federal Regulations, as 73102. amended, all permanent certificates of CI67-1261... Bright & Schiff, 107 Mercantile Texas Eastern Transmission Corp., 15.0 14.65 public convenience and necessity grant­ A 3-10-67 Continental Bldg., Dallas, Tex. Texam, South (Cole) Field, Live 75201. Oak County, Tex. ing applications, filed after April 15,1965, CI67-1262... Homestead Oil & Gas Co., Inc., The Manufacturers Light & Heat Co., 21.5 15.325 without further notice, will contain a A 3-9-67 Post Office Box 161, Cameron, Aleppo Township, Greene County, W. Va. 26033. Pa. condition precluding any filing of an CI67-1263... ___ do______do...... 21.5 15.325 increased rate at a price in excess of that A 3-9-67 CI67-1264... TWM Petroleum, Inc., 912-A Consolidated Gas Supply Coro., 25.0 15.325 designated for the particular área of A 3-16-67 Goff Bldg., Clarksburg, W. Va. McClellan District, Doddridge Production for the period prescribed 26301. County, W. Va. therein unless at the time of filing such CI67-1265... Benco Drilling Co., Inc., et al., Consolidated Gas Supply Corp., 25.0 15.325 A 3-16-67 Post Office Box 569, Charles­ Otter District, Braxton County, certificate application, or within the ton, W. Va. 25301. W. Va. time fixed herein for the filing of pro­ CI67-1266... Lock 3 Oil, Coal & Dock Co., Consolidated Gas Supply Corp., Elk 25.0 15.325 A 3-16-67 et al., 415 Porter Bldg., Pitts­ District, Harrison County, W. Va. tests or petitions to intervene the Ap­ burgh, Pa. 15219. plicant indicates in writing that it is CI67-1267... J. E. Hillier, Post Office Box 67, Almos Gas Gathering Co., North »* 1 0 .0 14.65 A3-16-67 Pleasanton, Tex. 78064. Mathis Field, San Patricio County, unwilling to accept such a condition. In Tex. the event Applicant is unwilling to accept C167-1269... Phillips Petroleum Co., Bartles­ El Paso Natural Gas Co., South Four (u) such condition the application will be B 3-16-67 ville, Okla. 74003. Lakes Area, Lea County, N. Mex. CI67-1270... Pan American Petroleum Corp., Texas Eastern Transmission Corp., Depleted set for formal hearing. B 3-17-67 Post Office Box 591, Tulsa, East Muldon Field, Monroe County, Under the procedure herein provided Okla. 74102. Miss. CI67-1271... Texaco, Inc., Post Office Box Florida Gas Transmission Co., Vati­ 20.0 15.025 tor, unless otherwise advised, it will be A 3-16-67 52332, Houston, Tex. 77052. can Field, Lafayette Parish, La. unnecessary for Applicants to appear C167-1272... Salt Lick Corp., Post Office Box Consolidated Gas Supply Corp., acre­ »»27.0 15.325 A 3-17-67 4065, Hammond, Ind. 46324. age in Braxton and Gilmer Counties, or be represented at the hearing. W. Va. J o s e p h H . G u t r id e , Filing code: A—Initial service. B—Abandonment. ______Secretary. C—Amendment to add acreage. D —Amendment to delete acreage. 1 This notice does not provide for consoli- E—Succession. bearing of the several matters F —Partial succession. ered herein, nor should it be so construed. See footnotes at end of table.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5714 5714

• Docket No. Price per Pres­ Docket No. Price per Pres­ and date filed Applicant Purchaser, field, and location Mcf sure and date filed Applicant Purchaser, field, and location Mcf sure base base

CI67-1273__J.._ Mesa Petroleum Co. (Operator) Northern Natural Gas Co., Lovedale 3317.0 14.65 CI67-1300...... Chandler & Associates, Inc., 1401 Colorado Interstate Gas Co., Patrick 14.5 14.65 A 3-17-67 et al., 1501 Taylor, Amarillo, Field, Harper County, Okla. A 3-22-67 Denver Club Bldg., Denver, Draw Area Field, Sweetwater Tex. 79105. Colo. 80202. County, Wyo. C167-1274______Mountain Lumber Co., c/o Stan- Penova Interests, Laurel and Dutch- (15) C167-1301...... - Homer B. King and Gayle L. The Manufacturers Light & Heat Co., 21.5 15.325 B 3-20-67 ley D ’Orazia, 341 Main St., man Runs, Ritchie County, W. Va. A 3-17-67 King, Wind Ridge, Pa. 15380. Richhill Township, Greene County, Grantsville, W. Va. 26147. Pa. CI67-1276...... Despot, Inc., Operator, 1211 Com- United Gas Pipe Line Co., Bancroft 15.0 15.025 CI67-1302 L6ne Star Gathering Co., Karen (») A 3-17-67 mercial National Bank Bldg., Field, Beauregard Parish, La. B 3-22-67 Beauchamp Field, Goliad County, Shreveport, La. 71101. Tex. CI67-1277...... Sunset International Petroleum El Paso Natural Gas Co., Jalmat 38 16.4501 Ì4.65 C167-1303 Lone Star Gathering Co., Yorktown (i.) (CS66-62) Corp. (successor to Wolfson Oil Field, Lea County, N. Mex. B 3-22-67 Field, De Witt County, Tex. F 3-17-67 Co.). CI67-1278...... El Paso Natural Gas Co., North 37 14.4627 14.65 (CS66-62) Skaggs Drinkard Field, Lea Coun­ 1 Supplement to application filed. F 3-17-67 ty, N. Mex. 3 Low pressure gas cannot enter Buyer’s pipe line. CI67-1279...... , do. ______38 15. 5 14.65 3 Well ceased to produce. (CS66-62) * Uneconomical to connect to well. F 3-17-67 . 3 Purchaser declined to make connection to Midwest-Henry Unit No. 1 well. CI67-1280...... Fire Oil & Gas Co., c/o Bruce E. United Fuel Gas Co., acreage in 23.0 15.325 5 Applicant states its willingness to accept permanent authorization at 17.0 cents per Mcf. A 3-17-67 Lambert, attorney, 3461 North Lincoln County, W. Va. 7 Plus B.t.u. adjustment. , , . Washington Blvd., Arlington, 7« Settlement rate as approved by Commission order issued Mar. 30, 1964, in Docket No. G-19417 et al. for acreage Va. 22201. in “Other” Oklahoma area. I CI67-1281 Frying Pan Oil & Gas Co., 3461 23.0 15.325 8 Contract provides for initial price of 17.0 cents per Mcf plus B.t.u. adjustment, however, Applicant has agreed to A 3-17-67 North Washington Blvd., accept authorization conditioned as Opinion No. 350. _ . Arlington, Va. 22201. , 9 Applicant proposes to sell gas from,the additional acreage at 20.625 cents per Mcf, pursuant to Settlement Order CI67-1282...... An-Son Corp., 3814 North Santa Panhandle Eastern Pipe Line Co., 3317.0 14.65 issued Jan. 7,-1964, in Docket No. CI61-406. A 3-20-67 _ Fe, Oklahoma City, Okla. Northeast Sampsel Field, Cimarron ip Purchaser declines to connect production from the subject acreage due to the relatively minor portion dedicated 73118. County, Okla. LU lb . CI67-1283...... Skelly Oil Co., Post Office Box Cities Service Gas Co., Hugoton Field, Depleted 11 Subject to upward and downward B.t.u. adjustment. B 3-20-67 1650, Tulsa, Okla. 74102. Finney County, Okla. 13 For all gas in excess of 500,000 Mcf, the price shall be 11.0 cents. CI67-1284...... Transcontinental Gas Pipe Line Depleted 13 Due to the declining volume of gas, Applicant proposes to discontinue processing the gas in its own plant and B 3-20-67 Service Bldg., Bartlesville, Corp., South Bourg Field, Terre­ to deliver the gas to Warren Petroleum Co. unde r a percentage-type contract for sale and delivery to the same Okla. 74003. bonne Parish, La. CI67-1285...... U Natural Gas Pipeline Co. of America, Depleted ip Includes 2.0 cents for transportation until gathering line is paid for. NOTICES B 3-20-67 Camrick Southeast Pool, Beaver 78 Cessation of gas deliveries. County, Okla. 13 Price to be reduced by 0.4581 cent per Mcf if compression is required. CI67-1286...... Cities Service Co. (Operator) Lone Star Gathering Co., Speary (1») 17 Subject to reduction of 0.4467 cent per Mcf for low pressure gas and 2.0 cents per Mcf for compression; B 3-20-67 et al., Cities Service Bldg., ! Field, Karnes County, Tex. >8 Plus applicable taxes. Seller reimburses Buyer at 2.0 cents per Mcf for compression. Bartlesville, Okla. 74003. 19 Gas wul no longer be sold in interstate commerce. CI67-1287...... Morris Cannan (Operator) et al., Texas Eastern Transmission Corp., Depleted IF-R.Doc. 67-3743; Filed, Apr. 6,1967; 8:45 a.m.] B 3-20-67 1645 Milam Bldg., San Antonio, Kittie West Field, Live Oak Tex. 78205. County, Tex. CI67-1288...... Pan American Petroleum C orp... Tennessee Gas Pipeline Co., a Depleted B 3-20-67 division of Tenneco Inc., Witte vestment company. All interested per­ Field, Victoria County, Tex. SECURITIES AND EXCHANGE sons are referred to the application on CI67-1289...... Lone Star Producing Co., 301 Lone Star Gathering Co., acreage in (») file with the Commission for a statement B 3-20-67 South Harwood St., Dallas, De Witt, ' Goliad, and Victoria Tex 75201 Counties, Tex. COMMISSION of the representations which are sum­ CI67-1290...... Crystal Oil & Land Co. (Oper- Texas Gas Transmission Corp., 16.0 15.025 marised below. (CI62-106) ator) et al. (successor to Harvey Ruston Field, Lincoln Parish, La. [811-690] F 3-16-67 Broyles (Operator) et al., 600 Applicant states that on October 1, Beck Bldg., Shreveport, La. COLONIAL EQUITIES 1966, pursuant to authorization by its 71101. CI67-1292....__ Bissett Construction Co., Box 71, The Manufacturers Light & Heat Co., 25.0 15,325 board of directors and stockholders, and A 3-2-67 New Freeport, Pa. 15352. Liberty District, Marshall County, Notice of Application for Order De­ pursuant to the laws of the State of Mas­ t W. Va., and Springhill and Aleppo claring That Company Has Ceased Townships, Greene County, Pa. sachusetts, Trust was merged into it. CI67-1293..I...... Charles C. Bissett, Box 71, New The Manufacturers Light & Heat Co., 21.5 15.325 To Be Investment Company Applicant is registered under the Act as A 3-2-67 1 Freeport, Pa. 15352. . Church District, Wetzel County, a management open-end investment W.Va. A p r il 3 ,1 9 6 7 . CI67-1294...... J. C. Baker& Son, Inc., Gassaway, Cumberland & Allegheny Gas Co., 25.0 15.325 company. A 3-6-67 , W. Va. 26624. Buckhannon District, Upshur Notice is hereby given that an appli­ Applicant states that pursuant to the County, W. Va. CI67-1295...... Howard Marcus, D.O., Hundred, The Manufacturers Light & Heat Co., 2 0 .0 15.325 cation has been filed pursuant to section agreement of merger: (a) Each out­ A 3-2-67 W.Va. 26575. Battelle District, Monongalia 8 (f) of the Investment Company Act of standing share of Trust’s common stock County, W. Va. CI67-1296...... Maoco Drilling & Supply Co., 715 The Manufacturers Light & Heat Co., 27.5 15.325 1940 (“Act”) by Colonial Equities, Inc. (except treasury shares) was converted A 3-2-67 Park Bldg., Pittsburgh, Pa. , Benezette Township, Elk County, (“applicant”) 75 Federal Street, Boston, into a share of its common stock; (b) . 15222. Pa. Mass., for art order of the Com­ each share of Trust’s common stock held CI67-1297...... United Gas Pipe Line Co., Plumb 21.25 15.025 A 3-21-67 Bob Field, St. Martin.Parish, La. mission declaring that Colonial Equities in its treasury was cancelled and ex­ CI67-1299...... Red Bank Gas Co., Rural The Manufacturers Light & Heat Co., 22.0 15.325 (“Trust”) , a Massachusetts business trust tinguished; (c) all stockholders of Trust A 3-17-67 Delivery No. 1, Rimersburg, Pa. New Bethlehem Field, Armstrong 16248. County, Pa. and an investment company registered became stockholders of applicant; (d) under the Act, has ceased to be an in­ all assets and liabilities became vested in

FEDERAL REGISTER, VOL. 32, NO. 67 ----FRIDAY, APRIL 7, 1967 NOTICES 5715 applicant; and (e) the separate existence marized below, for a complete statement should order a hearing thereon. Any of Trust ceased, except to the extent it of the proposed transactions. such request should be addressed: Secre­ was continued by law or to carry out the Met-Ed proposes to issue and sell, from tary, Securities and Exchange Commis­ purposes of the agreement of merger. time to time prior to June 30, 1968, to sion, Washington, D.C. 20549. A copy of Section 8 (f) of the Act provides, in the banks named below its promissory such request should be served person­ pertinent part, that whenever the Com­ notes, each of which will mature not ally or by mail (airmail if the person be­ mission upon application finds that a later than 9 months from the date of ing served is located more than 500 miles registered investment company has issue, will be prepayable at any time from the point of mailing) upon the ceased to be an investment company, it without penalty, and will bear interest declarant at the above-stated address, shall so declare by order and upon the at the prime rate in effect for commercial and proof of service (by affidavit or, in firing effect of such order the registra­ borrowings at the date of issue of the case of an attorney at law, by certificate) tion of such company shall cease to be note at the bank from which such bor­ should be filed contemporaneously with in effect. rowing is made. the request. At any time after said date, Notice is further given that any inter­ Although no commitments or agree­ the declaration, as filed or as it may be ested person may, not later than April ments for such borrowings have been amended, may be permitted to become 24, 1967, p,t 5:30 p.m., subiSit to the made, if this declaration is permitted to effective as provided in Rule 23 of the Commission in writing a request for a become effective by the Commission, general rules and regulations promul­ hearing on the matter accompanied by Met-Ed expects that, as and to the ex­ gated under the Act, or the Commission a statement as to the nature of his in­ tent that its cash needs require, borrow­ may grant exemption from such rules terest, the reasons for such request, and ings will be effected from among the as provided in Rules 20(a) and 100 there­ the issues of fact or law proposed to be following banks, the maximum to be of or take such other action as it may controverted or he may request that he borrowed and outstanding from each deem appropriate. Persons who request be notified if the Commission should such bank being as follows: a hearing or advice as to whether a hear­ order a hearing thereon. Any such First National City Bank, New ing is ordered, will receive notice of fur­ communication should be addressed: Y ork, N .Y _____ ‘______$4, 000, 000 ther developments in this matter, includ­ Secretary, Securities and Exchange Com­ Marine Midland Grace Trust Co. ing the date of the hearing (if ordered) mission, Washington, D.C. 20549. A o f N ew Y ork, N .Y ______—____ 4, 000, 000 and any postponements thereof. copy of such request shall be served Morgan Guaranty Trust Co. of personally or by mail (airmail if the New York, N.Y ______3, 000,000 For the Commission (pursuant to dele­ person being served is located more than Fidelity-Philadelphia Trust Co., gated authority). Philadelphia, Pa ______3, 500,000 500 miles from the point of mailing) The First Pennsylvania Banking [ s e a l ] O rval L . D u B o i s , upon applicant at the address stated and Trust Co, Philadelphia, Pa_ 2, 850,000 Secretary. above. Proof of such service (by affi­ American Bank and Trust Co. of [F.B. Doc. 67-3829; Filed, Apr. 6 , 1967; davit or in case of an attorney at law by Pa., Beading, Pa ______2, 000,000 8 :4 8 a jn .] certificate) shall be filed contempo­ Peoples Trust City Bank, Bead­ raneously with the request. At any time in g , P a ------80 0 ,0 0 0 after said date, as provided by Rule 0-5 Beading Trust Co., Beading, Pa __ 650, 000 [812-2090] National Bank and Trust Co. of of the rules and regulations promulgated SECOND FID U CIARY EXCHANGE under the Act, an order disposing of the Central Pennsylvania, York, application herein may be issued by the P a ------2 ,0 0 0 ,0 0 0 FUND, INC. AND THEODORE T. York Bank and Trust Co., York, MILLER Commission upon the basis of the infor­ P a ------1, 0 0 0 ,0 0 0 mation stated in said application, unless Notice of Filing of Application for an order for hearing thereon shall be 23, 800, 000 issued upon request or upon the Com­ Order Exempting Proposed Trans­ Met-Ed will use the proceeds from the action mission’s own motion. Persons who re­ sale of the notes for construction ex­ A p r il 3, 1967. quest a hearing or advice as to whether penditures and/or to pay other short­ a hearing is ordered, will receive notice term notes, the proceeds of which have Notice is hereby given that Second of further developments in this matter, been so applied. The contemplated con­ F id u ciary E xchange Fund, Inc. including the date of the hearing (if struction program for 1967 is estimated (“Fund”), 111 Devonshire Street, Bos­ ordered) and any postponement thereof. at approximately $30 million. ton, Mass. 02109, a registered open-end For the Commission (pursuant to dele­ The declaration states that the net diversified investment company, and gated authority). proceeds from any permanent debt fi­ Theodore T. Miller (“Miller”), 200 nancing effected prior to the maturity of Berkeley Street, Boston, Mass., have filed fSEA1<] O rval L . D u B o i s , any of the proposed notes will be used an application pursuant to section 17(b) Secretary. to pay part or all of the notes then out­ of the Investment Company Act of 1940 [F.R. Doc. 67-3828; Filed, Apr. 6 , 1967; standing, and the maximum amount of (“Act”) for an order exempting from 8 :4 6 a.m .] indebtedness which may be incurred by the provisions of section 17(a) of the Met-Ed under this declaration will be Act the issuance by the Fund of shares of its common stock to Miller in ex­ [70-4471] reduced by an amount equal to the net proceeds of the permanent debt financ­ change for 1 , 0 0 0 shares of common stock METROPOLITAN EDISON CO. ing. of W. R. Grace & Co. deposited by Miller, a director of the Fund, for inclu­ Notice of Proposed Issue and Sale of The fees and expenses to be paid by Met-Ed in connection with the issue and sion in the Fund’s portfolio. The Fed­ Short-Term Notes to Banks sale of the notes are estimated at $4,300, eral tax basis of such shares is $15,770, including counsel fees of $4,000. No and their market value as of March 15, A p r il 3,1967. State commission and no Federal com­ 1967 is $51,500. Notice is hereby given that Metropoli­ mission, other than this Commission, has Section 17 of the Act, as here perti­ tan Edison Company (“Met-Ed”), 2800 jurisdiction over the proposed trans­ nent, makes it unlawful for Miller, a ottsville Pike, Mulhenberg Township, actions. director and an affiliated person of the erks County, Pa., an electric utility Fund, to sell securities or other property y eomPany of General Public Notice is further given that any inter­ to the Fund unless the transaction is ex­ unties Corp., a registered holding com­ ested person may, not later than April empted by the Commission after finding pany, has filed a declaration with -this 24, 1967, request in writing that a hear­ that the terms of the proposed transac­ Pursuant to the Public Util- ing be held on such matter, stating the tion are, reasonable and fair and do not ity Holding Company Act of 1935 (“Act”), nature of his interest, the reasons for involve overreaching on the part of any aesignating sections 6 (a) and 7 thereof such request, and the issues of fact or law person concerned, and that the proposed H ^ c a b l e to the proposed transac- raised by said declaration which he de­ transaction is consistent with the policy interested persons are re- sires to controvert; or he may request of the registered investment company ea to. the declaration, which is sum­ that he be notified if the Commission and with the general purposes of the Act.

FEDERAL REGISTER, V O L.'32, NO. 67— FRIDAY, APRIL 7, 1967 No. 67-----7 5716 NOTICES

All Interested persons are referred to mission’s own motion. Persons who re­ 000. By letter dated February l, 19(57 the application on file with the Commis­ quest a hearing or advice as to whether United, Instruments, and Benson advised sion for a statement of the representa­ a hearing is ordered, will receive notice the Commission that United had made tions made therein which are summa­ of further developments in this matter, such noninterest bearing advance on rized below. including the date of the hearing (if open account to Instruments and that The Fund has filed a registration ordered) and any postponements thereof. Instruments, in turn, on February 3,1 9 6 7 statement under the Securities Act of For the Commission (pursuant to dele­ made a noninterest bearing advance to 1933 for the sale of 3,636,364 shares of gated authority). Benson. Benson will apply the re­ its common stock, which registration mainder of the proceeds to working can- statement became effective on February [ s e a l ] O rval L . D u B o i s , ital. 14, 1967. The prospectus and registra­ Secretary. " United further proposes to guarantee tion "statement under the Securities Act [F.R. Doc. 67-3830; Filed, Apr. 6 , 1967; the payment of principal and interest on of 1933 state that the Fund is intended 8:45 a.m .] a proposed 5-year loan to Benson- as an investment vehicle for investors Lehner Ltd. (“Limited”) , an exempt who wish to exchange securities which wholly owned subsidiary company of In­ they hold having a low Federal tax basis [70-4460] struments, from the Manufacturers Han­ for shares of the Fund in a simultaneous UNITED GAS CORP. ET AL. over Trust Co., London Branch, in an exchange on a tax-free basis. amount not to exceed 146,000 pounds The Fund and Miller state that the Notice of Proposed Issue and Sale of ($408,000 at the present exchange rate securities proposed to be accepted in Notes and Guarantee of Loans of $2.80), such loan to bear interest at this transaction are readily marketable the rate of iy 2 percent over the prime and that Miller is not an underwriter A p r il 3,1967. rate of the Bank of England (presently with respect to the securities or in a Notice is hereby given that United Gas 7 percent with a minimum rate of 6 per­ control relationship with respect to Corp. (“United”), 1525 Fairfield Avenue, cent per annum. The proceeds of this W. R. Grace & Co. The Fund represents Shreveport, La. 71102, a gas utility sub­ borrowing will be added to Limited’s that it intends to accept all deposits sidiary company of Pennzoil Co., a regis­ working capital and used in the construc­ of common stock of W. R. Grace & Co. tered holding company, UGC Instru­ tion of new facilities-and the acquisition deposited by persons other than Miller; ments, Inc. (“Instruments”), a wholly of capital equipment. that the proposed transaction between owned subsidiary company of United, and It is stated that no legal or other ex­ the Fund and Miller will be treated on Benson-Lehner Corp. (“Benson”), a penses are anticipated in connection the same basis, as described in the pro­ wholly owned subsidiary company of In­ with the proposed transactions. It is spectus, as the transactions between the struments, have filed an application- further stated that no State commission Fund and any other depositor whose se­ declaration and an amendment thereto and no Federal commission, other than curities are accepted by the Fund; that with this Commission, pursuant to the this Commission, has jurisdiction over the terms of the proposed transaction Public Utility Holding Company Act of the proposed transactions. are reasonable and fair and do not in­ 1935 (“Act”), designating sections 6 , 7, Notice is further given that any inter­ volve overreaching on the part of any 9, 10, and 12 of the Act and Rules 43 and ested person may, not later than April person concerned and that they are 45 promulgated thereunder as applicable 24, 1967, request in writing that a hear­ consistent with the policy of the Fund to the proposed transactions. All inter­ ing be held in respect of such matter, and with the general purposes of the ested persons are referred to the said stating the nature of his interest, the Act. application-declaration, which is sum­ reasons for such request, and the issues The Fund has undertaken not to effect marized- below, for a complete statement of fact or law raised by said application- a redemption or repurchase otherwise of the proposed transactions. declaration which he desires to contro­ than in kind of its shares from Miller Instruments proposes to issue notes vert; or he may request that he be noti­ if he is affiliated with the Fund at the and United proposes - to acquire such fied should the Commission order a hear­ time of such redemption or repurchase notes which will not exceed an aggregate ing in respect thereof. Any such request unless the Commission shall first have amount of $500,000. The notes will be should be addressed: Secretary, Securi­ received written notice, issued from time to time during a period ties and Exchange Commission, Wash­ Notice is further given that any inter­ of twelve months following the date of ington, D.C. 20549. A copy of such re­ ested person may, not later than April 24, the Commission’s order herein. The quest should, be served personally or by 1967, at 5:30 p.m., submit to the Commis­ notes will bear interest at an annual rate mail (airmail if the person being served sion in writing a request for a hearing on of 6 * 4 percent and will be payable on is located more than 500 miles from the the matter accompanied by a statement demand in such installments and at such point of mailing) upon the applicants- as to the nature of his interest, the times as funds may be required and re­ declarants at the above-stated address, reason for such request, and the issues quested by United. The proceeds will be and proof of service thereof (by affidavit of fact or law proposed to be contro­ used by Instruments for the acquisition or, in case of an attorney at law, by cer­ verted, or he may request that he be of capital equipment, the investment in tificate) should be filed contemporane­ notified if the Commission shall order equipment leased to others, and additions ously with the request. At any time af­ a hearing thereon. Any such communi­ to working capital. ter said date, the application-declaration, cation should be addressed: Secretary, Benson proposes to issue its 7*4 per­ as filed or as it may be amended, may be Securities and Exchange Commission, cent unsecured promissory notes to the granted and permitted to become effec­ Washington, D.C. 20549. A copy of such Security First National Bank, Los An­ tive as provided in Rule 23 of the general request shall be served personally or by geles, Calif., in an amount not to exceed rules and regulations promulgated under mail (airmail if the person being served an aggregate of $500,000 as a revolving the Act, or the Commission may grant is located more than 500 miles from the loan, in such installments and at such exemption from such rules as provided in point of mailing) upon the Fund and times as funds may be required by Ben­ Rules 20(a) and 100 thereof or take such upon Miller at the addresses set forth son, such notes to be due on demand and other action as it may deem appropriate. above. Proof of such service (by affidavit not later than December 31, 1967. In­ Persons who request a hearing or advice or in case of an attorney at law by cer­ struments will subordinate $1,050,000 of as to whether a hearing is ordered will tificate) shall be filed contemporane­ the indebtedness owing to it from Ben­ receive notice of further developments in ously with the request. At any time af­ son to the amount borrowed from Se­ this matter, including the date of the ter said date, as provided by Rule 0-5 curity First National Bank. hearing (if ordered) and any postpone­ of the rules and regulations under the Benson will apply $100,000 of the pro­ ments thereof/" Act, an order disposing of the application ceeds of its proposed notes to pay a non­ For the Commission (pursuant to dele­ herein may be issued by the Commission interest bearing advance made on open gated authority). upon the basis of the information stated account by Instruments to meet Benson’s [ s e a l ] O rval L . D u B o is , in said application, unless an order for emergency requirements. Instruments, Secretary. hearing upon said application shall be in turn, will then pay a similar advance [F.R^ Doc. 67-3831; Filed, Apr. 6 , 1967; issued upon request or upon the Com­ made by United to Instruments of $100,- 8:46 a m .]

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 NOTICES 5717

[811-1353] Clays IGA Food Store, Inc., food store; DEPARTMENT OF LABOR 122 West Texas, Wheeler, Tex.; 2-27-67 to VIRGINIA MUTUAL FUND, INC. 2 -2 6 -6 8 . Wage and Hour Division H. S. Cohen Co., Inc., apparel store; Shel­ Notice of Proposal to Terminate by, N.C.; 3-23-67 to 3-22-68. Registration CERTIFICATES AUTHORIZING EM­ Colby Super Market, Inc., food store; Box 97, Colby, Kans.; 3-24-67 to 3-23-68. A p r il PLOYMENT OF FULL-TIME STU­ 3, 1967. Columbia Shopping Center, variety store; Notice is hereby given that the Com­ DENTS WORKING OUTSIDE O F 1200 West Columbia, Evansville, Ind.; 3-22- mission proposes, pursuant to section SCHOOL HOURS AT SPECIAL MINI­ 67 to 3-21-68. I 8 (f) of the Investment Company Act of MUM WAGES IN RETAIL OR SERV­ Cortez City Market, food store; Cortez, 1940 (“Act”), to declare by order upon Colo.; 3-1-67 to 2-29-68. ICE ESTABLISHMENTS OR IN AGRI­ Craft’s Drug Store, drug stores from 3-1-67 its own motion that Virginia Mutual CULTURE to 2—29—68: Nos. 1, 2, 3, and 4, Spartanburg, Fund, Inc. (“Fund”) , c/o Allan P. Mac- S.C. kinnon, 14 Wall Street, New York, N.Y. Notice is hereby given that pursuant Delta City Market, food store; Dèlta, Colo.; 10005, formerly Retirement Fund, Inc.^ to section 14 of the Fair Labor Stand­ 3-1-67 to 2-29-68. a Maryland corporation which registered ards Act of 1938 (52 Stat. 1060, as Dickson’s, hardware store; 201 East Cham­ as an open-end, diversified management amended, 20 U.S.C. 201 et seq.), the reg­ bers Street, Cleburne, Tex.; 2 - 2 7 - 6 7 to company on December 23, 1965, has ulation on employment of full-time 2 -2 6 -6 8 . ceased to be an investment company. students (29 CFR, Part 519), and Ad­ Dorris-Swift Super Market, Inc., food ministrative Order No. 595 (31 F.R. store; 212 GoodlettsVille Plaza, Goodlettsville, The Commission has been informed Tenn.; 3-15-67 to 3-14^68. that the Fund has no assets, has not sold 12981), the establishments listed in this Durango City Market, food store; Durango, any securities or conducted any business, notice have been issued special certifi­ Colo.; 3-1-67 to 2-29-68. and does not intend to offer any shares cates authorizing the employment of Eagle Stores Co., Inc., variety stores from or conduct any business. full-time students working outside of 2— 1—67 to 1—31—68 : 337 Hay Street, Fayette­ Section 8 (f) of the Act provides, in school hours at hourly wage rates lower ville, N.C.; 217 East Main Street, Forest City, pertinent part, that when the Commis­ than the minimum wage rates otherwise N.C. Easter Super Valu, food store; Clear Lake, sion, on its own motion, finds that a reg­ applicable under section 6 of the act. The effective and expiration dates are Iowa; 3-20-67 to 3-19-68. istered investment company has ceased Erdman Supermarkets, Inc., food store; to be an investment company, it shall so as indicated below. The m in im u m cer­ Chatfleld, Minn.; 2-21-67 to 2-20-68. declare by order, that upon the taking tificate rates are not less than 85 per­ Fant’s Sunflower Food Store, food store; effect of such order, the registration of cent of the applicable statutory mini­ 100 West Claiborne Street, Greenwood, Miss.; such company shall cease to be in effect, mum. 3- 27-67 to 3-26-68. and that, if necessary for the protection The following certificates provide for Fedway of Bakersfield, department store; of investors, such order may 'be made an allowance not to exceed the propor­ 21st and Chester Avenue, Bakersfield, Calif.; tion of the total hours worked by full­ 1- 25-67 to 1-24-68. upon appropriate conditions. Food Fair Super Market, food store; 890 Notice is further given that any in­ time students at rates below $ 1 an hour Second Street, Macon, Ga.; 2-14-67 to 2-13- terested person may, not later than April to the total number of hours worked 68. 21,1967 at 5:30 p.m., submit to the Com­ by all employees in the establishment Food Giant Super Markets, Inc., food store; mission in writing a request for a hear­ during the base period in occupations 4828 East 22d Street, Tucson, Ariz.; 3-27-67 ing on the matter accompanied by a of the same general classes in which to 3-26-68. statement as to the nature of his interest, the establishment employed full-time Food town, food store; Hiway 71 South, Rogers, Ark.; 3-9-67 to 3-8-68. students at wages below $ 1 an hour in the reason for such request, and the Furrow’s, food store; 900 State, Bristol, issues of fact or law proposed to be con­ the base period. Tenn.; 3-24r-67 to 3-23-68. troverted, or he may request that he be Abernethy Clarkson Wright, Inc., depart­ Giant Food Market, food stores from 3—1— notified if the Commission shall order a ment store; Head of Church Street, Burling­ 67 to 2-29-68: Nos. 5 and 6 , Bristol, Tenn.; hearing thereon. Any such communica­ ton, Vt.; 3-3-67 to 3-2-68. No. 7, Elizabethton, Tenn.; Nos. 2 and 4, tion should be addressed: Secretary, Ackemann Bros., Inc., department store; Johnson City, Tenn.; No. 3, Kingsport, Tenn. Securities and Exchange Commission, 168 East Highland, Elgin, 111.; 2 -1 6 -6 7 to Gibson General Hospital, Inc., hospital; Washington, D.C. 20549. A copy of such 2 - 15-68. Box 488, Trenton, Tenn.; 2-11-67 to 2-10-68. B & B Super Service, food store; 103 Vic­ Glenwood City Market, food store; Glen- request shall be served personally or by toria Street, Kenedy, Tex.; 2-27-67 to 2-26- wood Springs, Colo.; 3-1-67 to 2-2968. mail (airmail if the person being served 68. W. T. Grant Co., variety stores: 129 East- is located more than 500 miles from the Baldwin Rexall Drug, drug store; 123 West land Shopping Center, Lexington, Ky. (2-1- point of mailing) upon the Fund at the Frank Phillips, Bartlesville, Okla.; 2-27-67 67 to 1-31-68); No. 522, Webster, Mass. address set forth above. Proof of such to 2-26-68. (3—21—67 to 3—20—68); 75 Interstate Shopping service (by affidavit or in case of an Better Living Markets, food stores from Center, Ramsey, N.J. (3-6-67 to 3-5-68) ; 214 attorney at law by certificate) shall be 3— 22—67 to 3-21-68: No. 2, Hattiesburg, Miss.; North Tryon Street, Charlotte, N.C. (3-9-67 filed contemporaneously with the request. No. 3, Petal, Miss. to 3-8-68). Black and White, Inc., department store; John Gray & Son Big Star, food store; No. At any time after said date, as provided 236 South Main, Yazoo City, Miss.; 3-23-67 8 , Memphis, Tenn.; 2-15-67 to 2-14-68. by Rule 0-5 of the rules and regulations to 3-22-68. Grover Cronin, Inc., department store; 223 under the Act, an order disposing of the Buehler Market, food store; 409 East M«.in Moody Street, Waltham, Mass.; 3-15-67 to matter may be issued by the Commission Street, Streator, 111.; 3-23-67 to 3-22-68. 2- 1- 68. upon the basis of the information stated Burnette’s Self Service, food store; For­ Harrods Thrift Market and Bakery, food m this notice, unless an order for hearing syth Street, Bamesville, Ga.; 3-24-67 to 3- store; Athens, Tenn.; 2-25-67 to 2-24-68. upon this matter shall be issued upon 23-68. Hodges Store, food stores from 3-4-67 to request or upon the Commission’s own Byrd Brothers, Inc., food stores from 2- 3-3-68: Nos. 1, 2, and 4, Dallas, Tex.; No. 5, 27-67 to 2-26-68: 2011 West Webb Avenue, G rand P rairie, T ex. motion. Persons who request a hearing Burlington, N.C.; 1609 South Church Street, Howland-Hughes Co., department store; or advice as to whether a hearing is or­ Burlington, N.C.; 329 Harden Street, 120-140 Bank Street, Waterbury, Conn.; 3 - 1- dered, will receive notice of further de­ Graham, N.C. 67 to 2-29-68. velopments in this matter, including the Carson Pirie Scott and Co., department ^George F. Kremer Co., Inc., variety store; date of the hearing (if ordered) and any store; 3232 Lake Avenue, W ilmette, 111.; 3 - 323 First Avenue West, Grand Rapids, Minn.; 1-67 to 2-29-68. 3-22-67 to 3-21-68. postponements thereof. Carter’s IGA Foodliner, food store; 138 Jiffy Market, food stores from 3-1-67 to For the Commission (pursuant to dele­ South Washington, Charlotte, Mich.; 3- 2 3 - 2-29-68: No. 2, Johnson City, Tenn.; No. 3 , gated authority). 67 to 3-22-68. Kingsport, Tenn. Central Market, Inc., food store; 83 East Johnson Department Store, department [ seal] O rval L . D u B o i s , Main Street, McConnelsville, Ohio; 3-23-67 Secretary. to 3-22-68. store; Jamestown, Tenn.; 2-13-67 to 2-12-68. City Market, Inc., food stores from 3-1-67 Knopp and Metzger, Inc., food store; 261 [PR. Doc. 67-3832; Piled, Apr. (5, 1967; to 2-29-68: Nos. 1 and 2, Grand Junction, West Main Street, Fredericksburg, Tex.; 2-27- 8 :4 7 a m .] Colo.; No. 7, Rifle, Colo. 67 to 2-26-68.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5718 NOTICES

S. H. Kress and Co., variety store; 1422 Richbourg’s Shoppers Fair, Inc., food clerk, and cashier, 19.3 percent for each Winchester Avenue, Ashland, Ky.; 3-17-67 store; 1400 East River Street, Anderson, S.C.; month, except as otherwise* indicated: 727 to 3-16-68. 3-15-67 to 3-14-68. East Davis Street, Burlington, N.C.; 110 Wash­ LaFour Minimax, food store; No. 1, Liberty, Rockford Dry Goods-Park Store, depart­ ington Street, LeaksviUe, N.C. (19.1 percent Tex.; 3-1-67 to 2-29-68. ment store; 6321 North Second Street, Loves for each m onth); 506 Center Street, Nebane Landers Brothers Co., food store; Nowatar Park, 111.; 3-15-67 to 3-14-68. N.C.; 121 North Madison Avenue, Roxboro Okla.; 2-27-67 to 2-26-68. Rog & Scotty’s Super Valu, food stores from. N.C. ( 2 0 percent for each m onth); 408 North Lerner Shops, apparel stores from 3-17-67 3-22-67 to 3-21-68: Nos. 1, 2, and 3, Coun­ Second Avenue, Siler City, N.C. to 3-16-68: No. 100, Easton, Pa.; No. 260, cil Bluffs, Iowa. C en ters, v a riety store; 151-159 M ain Street Fairview Park, Ohio; No. 258, Hamilton, Sterns, Inc., department store; Corner Waterville, Maine; salesclerk, maintenance' Ohio; No. 259, Marion, Ohio; No. 107, Tulsa, Madison Avenue and Water Street, Skow- 10 p e r ce n t for e a ch m o n th ; 3 -1 -6 7 to 2-29-68. Okla.; No. 257, Bristol, Tenn.; No. 124, Peters­ hegan, Maine; 3-6-67 to 3-5-68. City Market, Inc., food store; No. 11, Basalt burg, Va.; No. 121, Bluefield, W. Va.; No. 136- Sunnyway Foods, food store; 212 North Colo.; caddy boy; 10 percent for each month’ W heeling, W. Va. Antrim Way, Greencastle, Pa.; 2-1-67 to 1- 3-1-67 to 2-29-68. Liberty Cash Grocery, food store; No. 17, 31 -6 8 . C ra ft’s D ru g S tore, d ru g sto res from 3-1-67 Memphis, Tenn.; 2-1-67 to 1-31-68. Sunshine Food Market, food stores from to 2-29-68, salesclerk, 8 percent for each Mac’s Store, food store; 202 Thomas Ave­ 3-23-67 to 3-22-68: Nos. 5, (5, 7, an

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 NOTICES 5719

(2-27-67 to 2 -2 6 -6 8 ) ; N o. 4082, T roy, M ich, to 3-21-68); 5402 Lillian Highway, Pensacola, (stock clerk, counter filling, register opera­ Fla. (bag boy, 9.7 percent for each month, tion, customer service, sales, bookkeeping, 3-6-67 to 3-5-68); Corner Scott and Green, INTERSTATE COMMERCE office cashier, display, m aintenance, 12.5 per­ Bainbridge, Ga. (bag boy, 9.7 percent for cent for each month, 3-6-67 to 3-5-68); No. each month, 3-6-67 to 3-5-68); West Oak­ COMMISSION 4163, Westland, Mich, (maintenance, stock land Avenue, Camilla, Ga. (bag boy, 9.7 per­ clerk, counter filling, register operation, cent for each month, 3-6-67 to 3-5-68); No. FOURTH SECTION APPLICATION customer service, sa lesclerk , b o ok k eep in g, 1, Minden, La. (3-22-67 to 3-21-68); No. FOR RELIEF office cashier, display, 18 percent for each 2, Minden, La. (3-22-67 to 3-21-68); No. 38, month, 3-6 -6 7 to 3 -5 -6 8 ); N o. 4175, C a n to n , Barnwell, S.C. (package boy, checker, mar­ April 4,1967. Ohio (stock clerk, salesclerk, cashier, m ain­ ket clerk, 3-24-67 to 3-23-68); Highway 7 Protests to the granting of an appli­ tenance, b ook keep ing, d isp la y , filin g , c u s ­ and Rosemary, Bryon, Tex.; 407 South Main, cation must be prepared in accordance tomer service, cashier, 2-24-67 to 2-23-68); Henderson, Tex.; 1310 Avenue L, Huntsville, with Rule 1.40 of the general rules of No. 4093, M adison, T en n . (b etw e e n 2.1 p er­ Tex.; 532 Commerce Street, Jacksonville, practice (49 CFR 1.40) and filed within cent and 10 percent, 2-1-67 to 1-31-68); No. Tex.; No. 10, Rockdale, Tex.; 2905 South 4084, Lynchburg, Va. (between 2.7 percent General Bruce Drive, Temple, Tex.; East 15 days from the date of publication of and 10 percent, 1—1-67 to 1-31-68). Avenue and Dudley, Texarkana, Tex.; 1521 this notice in the F ederal R egister. Lerner Shops, apparel stores from 3-17-67 Texas Avenue, Texarkana, Tex.; No. 9, Waco, Long-and-S hort H aul to 3-16-68, salesclerk, and office clerk, ex- Tex.; 3113 Robinson Drive, Waco, Tex.; [. cept as otherwise indicated: No. 467, Tucson, Highway 6 and Bosque Boulevard, Waco, FSA No. 40967—Soda ash to Cedar Ariz. (14.8 percent for each m onth); No. T ex. Springs, Ga. Filed by O. W. South, Jr., 191, Port Myers, "Fla. (16 percent for each Randall’s Food Market, Inc., food stores agent (No. A5008), for interested rail month); No. 180, Jacksonville, Fla. (2.9 per­ for the occupations of stock clerk, carryout, carriers. Rates on soda ash, in bulk, in cent for each m onth); No. 183, Miami, Fla. 25 percent for each month: 4615 Magnum covered hopper cars, which carriers are (6.2 percent for each m onth); No. 190, At­ Road, Houston, Tex. (3-24-67 to 3-23-68); lanta, Ga. (11.9 p e r ce n t fo r ea ch m o n th ); 5550 North Freeway, Houston, Tex. (3-23-67 not obligated to furnish, in carloads, No. 135, C olum bus, G a. (12.2 p e r c e n t for to 3-22-68). from Saltville, Va., to Cedar Springs, Ga. each month); No. Ill, Marietta, Ga. (13 per­ Sunshine Food Market, food stores from Grounds for relief—Carrier competi­ cent for each m o n th ); N o. 204, L o u isv ille, 3-23-67 to 3-22-68, carryout, sacker, 30 per­ tion. Ky. (salesclerk, stock clerk, office clerk, 7.7 cent for each month: No. 19, Mitchell, Tariff—Supplement 80 to Southern percent for each m o n t h ) ; N o. 303, C olu m b u s, S. Dak.; No. 18, Yankton, S. Dak.; No. 17, Freight Association, agent, tariff ICC Ohio (5.2 percent for each m onth); No. 312, Sioux Falls, S. Dak. S-517. Dayton, O hio (8.2 p e r ce n t fo r ea ch m o n t h ) ; Sureway Food Store, food stores from 3— No. 113, Memphis, Tenn. (salesclerk, 11.9 per­ 15—67 to 3—14—68, carryout, checker, stock By the Commission. cent for each m onth); No. 42, Roanoke, Va. clerk, 24.9 percent for each month, except (salesclerk, 5.7 percent for each m onth). as otherwise indicated: No. 1, Calvert City, [seal] H. Neil Garson, Little Store, food store; West Sullivan Ky.; No. 2, Henderson, Ky. (between 25 per­ Secretary. cent and 30.3 percent); No. 10, Madisonville, Street, Kingsport, Tenn.; carryout, cashier, (F.R. Doc. 67-3848; Filed, Apr. 6, 1967; Ky. (between 25 percent and 35 percent); stock clerk; 20.8 p e r ce n t for e a c h m o n th ; 8 :4 8 a.m .] 3-1-67 to 2-29-68. No. 6, Marion, Ky.; No. 7, New Eddyville, McCrory-McLellan-Green Stores, variety Ky.; No. 12, Providence, Ky. (between 25 stores from 3-24-67 to 3-23-68 except as percent and 35 percent); No. 3, Sturgis, Ky. [Notice 362] otherwise indicated; salesclerk, stock clerk, T.G. & Y. Stores Co., variety stores from office clerk, 10 percent for each m onth: No. 3—23—67 to 3-22-68 except as otherwise indi­ MOTOR CARRIER TEMPORARY 384, Sanford, Fla.; No. 383, Jacksonville, cated, salesclerk, stock clerk, clerical, 29.7 AUTHORITY APPLICATIONS 111.; No. 269, Munster, Ind. (3-1-67 to 2- percent for each month except as otherwise 29-68); No. 268, Kinston, N.C.; No. 368, Or­ indicated: No. 311, Belton, Mo. (24.5 per­ April 4,1967. mond Beach, Fla.; No. 398, Feasterville; Pa. cent for each month); No. 431, Oklahoma (3-1-67 to 2 -2 9 -6 8 ). City, Okla. (3-24-67 to 3-23-68); No. 441, The following are notices of filing of Millner-Aycock’s Inc., department store; Oklahoma City, Okla. (30 percent for each applications for temporary authority un­ 118 South Broad Street, Monroe, Ga.; sales­ m onth); No. 442, Oklahoma City, Okla. der section 210a(a) of the Interstate clerk, cashier; 5.4 p e r ce n t fo r ea ch m o n th ; Commerce Act provided for under the 3-9-67 to 3-8-68. Each certificate has been issued upon new rules of Ex Parte No. MC 67 (49 the representations of the employer Morgan & Lindsey, Inc., variety store; No. CFR Part 240) published in the F ederal which, among other things, were that 3115, Angleton, Tex.; stock clerk, salesclerk, R egister, issue of April 27,1965, effective clerical; between 3.2 percent and 10 percent; employment of full-time students at spe­ July 1, 1965. These rules provide that 2- 12-67 to 1-31-68. cial minimum rates is necessary to pre­ protests to the granting of an applica­ Moore’s Super Market, food stores from vent curtailment of opportunities for tion must be filed with the field official 3- 1-67 to 2-29-68, sack boy, stock clerk, 8 per- employment, and the hiring of full-time named in the F ederal R egister publi­ cent for each month: Hermitage Hills, students at special minimum rates will Hermitage, Tenn.; 157 Lafayette Street, cation, within 15 calendar days after the Nashville, Tenn. not create a substantial probability of date of notice of the filing of the applica­ reducing the full-time employment op­ G. c. Murphy Co., variety store; No. 311, tion is published in the F ederal R egister. Altoona, Pa.; salesclerk, office clerk, stock portunities of persons other than those One copy of such protest must be served clerk, janitor; 11.6 p e r ce n t fo r ea ch m o n th ; employed under a certificate. The cer­ on the applicant, or its authorized rep­ 3-23-67 to 3-22-68. tificates may be annulled or withdrawn, Neisner Bros., Inc., variety store; No. 203, resentative, if any, and the protests must as indicated therein, in the manner pro­ certify that such service has been made. Tampa, Fla.; salesclerk, stock clerk, office vided in Part 528 of Title 29 of the Code clerk, maintenance; 16.5 percent for each The protest must be specific as to the month; 3-23-67 to 3-22-68. of Federal Regulations. Any person service which such protestant can and Pak-A-Sak Food Stores, food store; High­ aggrieved by the issuance of any of these will offer, and must consist of a signed way 24, Swansboro, N.C.; bag boy, carryout; certificates may seek a review or recon­ original and six copies. to 1 3 1 ^ 6 8 6 1)61:06114 and 10 Percent; 2-1-67 sideration thereof within 15 days after A copy of the application is on file, and can be examined at the Office of the Sec­ 9 o„iCJT Pay Supermarket, food stores from publication this notice in the F ederal ~ 3-23-68, bagger, stock clerk, 9 retary, Interstate Commerce Commis­ Register pursuant to the provisions of 29 sion, Washington, D.C., and also in the £ / 0c„e.ntJ or each month: No. 2, North Miami CFR 519.9. each, Fla.; No. 3, Pompano Beach, Fla. field office to which protests are to be Piggly Wiggly, inc., food stores from 2- Signed at Washington, D.C., this 31st transmitted. day of March 1967. 67 to 2-27-68 except as otherwise indi- Motor Carriers of Property catod, io percent for each month except as R obert G. G ronewald, otherwise indicated, stock clerk, checker, No. MC 33641 (Sub-No. 62 TA), filed Authorized Representative March 23,1967. Applicant: IMLFreight, sacker, clerical except as otherwise indi- of the Administrator. °a d: No- 24* Arkadelphia, Ark. (3-22-67 to Inc., Post Office Box 2277, Salt Lake City, [F.R. Doc. 67-3825; Filed, Apr. 6, 1967; Utah 84110. Office: 2175 South 3270 - 1-68); No. 16, Hot Springs, Ark. (3-22-67 8:4 6 a m .] West Street. Applicant’s representative:

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5720 NOTICES Berol, Loughran & Geernaert, 100 Bush Drive Away, Inc., 2800 West Lexington No. MC 119547 (Sub-No. 17 TA), filed I Street, San Francisco, Calif. 94104. Au­ Avenue, Elkhart, Ind. 46514. Appli­ March 29, 1967. Applicant: EDGAR w. I thority sought to operate as a common cant’s representative: William G. Star- LONG, Route 4, Zanesville, Ohio 43701] carrier, by motor vehicle, over irregular nal (same as above). Authority sought Applicant’s representative: Richard H. routes, transporting: Frozen foodstuffs to operate as a common carrier, by motor Brandon, 810 Hartman Building, Colum- and potato products, not frozen, from vehicle, over irregular routes, transport­ bus, Ohio 43215. Authority sought to I Rexburg, Aberdeen, Borah, and Ameri- v ing: Portable grain dryers transported operate as a common carrier, by motor 1 can Falls, Idaho, to Pocatello, Idaho; on their own wheeled undercarriages vehicle, over irregular routes, transport-1 such authority to be tacked at Pocatello, equipped with a hitchball connector from ing: Malt beverages in containers, from 1 Idaho, with regular-route authority to Gibson City, 111., to points in Illinois, Columbus, Ohio, to Beckley, Charleston,! points on its line in Kansas, Missouri, Indiana, Michigan, Ohio, New York, Clarksburg, Huntington, Morgantown] Illinois, Indiana, Ohio, Iowa, and Ken­ Pennsylvania, Kentucky, Missouri, Iowa, Parkersburg, Webster Springs, and Weir-1 tucky, and where necessary it proposes Minnesota, Wisconsin, Kansas, Nebras­ ton, W. Va., and empty used malt bever-1 to interline with other carriers at points ka, North Dakota, for 180 days. Sup­ age containers, on return, for 180 days. ] and places on its line in these destina­ porting shipper: Grain Drying, Division Supporting shipper: August Wagner I tion States in order to serve off-line of M & W Gear Co., Gibson City, 111. Breweries, Inc., 605-631 South Front | destinations, for 180 days. Supporting Send protests to: District Supervisor Street, Columbus, Ohio 43216. Send pro- 1 shipper: Idaho Frozen Foods, Post Office Justus H. Gray, Bureau of Operations tests to: Arthur M. Culver, Jr., District] Box FF, Twin Falls, Idaho 83301; Rogers and Compliance, Interstate Commerce Supervisor, Interstate Commerce Com- ] Brothers Co., Post Office Box 2188, Idaho Commission, 308 Federal Building, Fort mission, Bureau of Operations and Com-1 Falls, Idaho 83401; Lamb-Weston, Inc., Wayne, Ind. 46802. pliance, 236 New Post Office Building, ] 2017 Lloyd Center, Post Office Box 12145, No. MC 114087 (Sub-No. 8 TA), filed Columbus, Ohio 43215. Portland, Oreg. 97212; and Idaho Potato March 29, 1967. Applicant: DECATUR No. MC 126902 (Sub-No. 2 TA), filed Growers, Inc., Post Office Box 978, Idaho PETROLEUM HAULERS, INC., 159 First March 23, 1967. Applicant: KAY Falls, Idaho 83401. Send protests to: Avenue NE., Post Office Box 1784, De­ TRANSPORTATION COMPANY, INC., ! John T. Vaughan, District Supervisor, catur, Ala. 35601. Applicant’s repre­ 25 South Cary Street, Baltimore, Md. Bureau of Operations and Compliance, sentative: Markstein and Morris, 818-821 21223. Applicant’s representative: Leon­ Interstate Commerce Commission, 2224 Massey Building, Birmingham, Ala. ard Jaskiewicz, Esquire, 1155 15th Street Federal Building, Salt Lake City, Utah 35203. Authority sought to operate as NW., Washington, D.C. 20005. Author­ 84111. a contract carrier, by motor vehicle, over ity sought to operate as a contract car­ No. MC 52751 (Sub-No. 72 TA), filed irregular routes, transporting: Liquid rier, by motor vehicle, over irregular March 29,1967. Applicant: ACKLINES, fertilizer solutions, in bulk, in tank trail­ routes, transporting: Containers, cans, INC., 4143 East 43d Street, Des Moines, ers, from the plantsite of Escambia drums, barrels, and pails, from Linden, Iowa 50317. Post Office Box 1351, Des Chemical Co. in or near Decatur, Ala., N.J., to Baltimore, Md. Supporting Moines, Iowa 50305. Applicant’s repre­ to points in Tennessee, Georgia, and shipper: Rheem Manufacturing Co., 7600 sentative: William A. Landau, Post Office Mississippi, for 180 days. Supporting South Kedzie Avenue, Chicago, 111. 60652. Box 1634, Des Moines, Iowa 50306. Au­ shipper: Escambia Chemical Corp., Post Send protests to: William L. Hughes, thority sought to operate as uncommon Office Box 467, Pensacola, Fla. 32502. District Supervisor, Interstate Commerce carrier, by motor vehicle, over irregular Send protests to: B. R. McKenzie, Dis­ Commission, 312 Appraisers’ Stores routes, transporting: High density port- trict Supervisor, Bureau of Operations Building, Baltimore, Md. 21202. land cement, in bags, from West Des and Compliance, Interstate Commerce No. MC 128961 TA, filed March 29, Moines, Iowa, to Ripon, Wis., for 180 Commission, Room 212, 908 South 20th 1967. Applicant: LAW’S MOVING & days. Supporting shipper: Des Moines Street, Birmingham, Ala. 35205. STORAGE, INC., 2018 Commerce Ave­ Concrete Products Co., Box 156, Eighth No. MC 115092 (Sub-No. 4 TA), filed nue, Vero Beach, Fla. 32960. Applicant’s and Railroad Streets, West Des Moines, March 28, 1967. Applicant: - WEISS representative: Beulah M. Law (same Iowa 50265. Send protests to: Ellis L. TRUCKING, INC., Post Office Box 11, address as above). Authority sought to Annett, District Supervisor, Bureau of Rangely, Colo. 81648. Applicant’s rep­ operate as a common carrier, by motor Operations and Compliance, Interstate resentative: Stockton, Lewis and Mitch­ vehicle, over irregular routes, transport­ Commerce Commission, 227 Federal Of­ ell, The 1650 Grant Street Building, Den­ ing: Crated or uncrated household goods fice Building, Des Moines, Iowa 50309. ver, Colo. 80203. Authority sought to and personal effects, between points in No. MC 103993 (Sub-No. 267 TA), filed operate as a common carrier, by motor Indian River, St. Lucie, Brevard, Osceola, March 29, 1967. Applicant: Morgan vehicle, over irregular routes, transport­ Martin, Okeechobee Counties, Fla., for Drive Away, Inc., 2800 West Lexington, ing : Crude oil, from points in Moffat and 180 days. - Supporting shippers: Home- Avenue, Elkhart, Ind. 46514. Appli­ Rio Blanco Counties, Colo., to pipeline Pack Transport, Inc., 57-48 49th Street, cant’s representative: William G. Star- head at or near Rangely, Colo., for 150 Maspeth, N.Y.; American Ensign, Post nal (same as above). Authority sought days. Supporting shipper: Pan Ameri­ Office Box 2270, Wilmington, Calif. to operate as a common carrier, by motor can Petroleum Corp., Security Life Build­ 90744; Sunpak International, 1621 Queen vehicle, over irregular routes, transport­ ing, Denver, Colo. 80202. Send protests Anne Avenue North, Seattle, Wash. ing: Trailers, designed to he drawn by to: District Supervisor Luther H. Old­ 98109. Send protests to: District Super­ passenger automobiles, and tent camp­ ham, Interstate Commerce Commission, visor Joseph B. Teichert, Interstate Com­ ers, in initial movements from West Bureau of Operations and Compliance, merce Commission, Bureau of Operations Bend, Wis., to points in California, Colo­ 2022 Federal Building, 1961 Stout Street, and Compliance, Room 1621, 51 South­ rado, Connecticut, Delaware, Idaho, Denver, Colo. 80202. west First Avenue, Miami, Fla. 33130. Maine, Maryland, Massachusetts, Mon­ No. MC 115904 (Sub-No. 12 TA), filed No. MC 128965 TA, filed March 29, tana, Nevada, New Hampshire, New March 23, 1967. Applicant: Louis 1967. Applicant: PAUL HEIDE, 746 Jersey, New Mexico, New York, North Grover, 1710 West Broadway, Route 5, South Rutan, Wichita, Kans. 67218. Carolina, North Dakota, Oregon, Penn­ Idaho Falls, Idaho 83401. Authority Authority sought to operate as a common sylvania, Rhode Island, South Carolina, sought to operate as a common carrier, carrier, by motor vehicle, ever irregular South Dakota, Utah, Vermont, Virginia, by motor vehicle, over irregular routes, routes, transporting: Fertilizer, fertilizer Washington, and Wyoming, for 180 days. transporting: Lumber, from points in compounds, and fertilizer materials from Supporting shipper: Mallard Coach Missoula County, Mont., and Lemhi and Wichita, Kans., to points in Oklahoma, Corp., Post Office Box 210, West Bend, Gem Counties, Idaho, to points in Wyo­ for 180 days. Supporting shipper: W. Wis. Send protests to: District Super­ ming, for 180 days. Supporting shipper: R. Grace & Co., Agricultural Products visor Justus H. Gray, Bureau of Opera­ Brown Lumber Sales, 444 17th Street, Division, Post Office Box 1406, Joplin, tions and Compliance, Interstate Com­ Denver, Colo. 80202. Send protests to: Mo. 64801. Send protests to: M . E. Tay­ merce Commission, 308 Federal Building, C. W. Campbell, District Supervisor, In­ lor, District Supervisor, Bureau of Op­ Fort Wayne, Ind. 46802. terstate Commerce Commission, Bureau erations and Compliance, Interstate No. MC 103993 (Sub-No. 268 TA), filed of Operations, 203 Eastman Building, March 29, 1967. Applicant: Morgan Boise, Idaho 83702. Building, Wichita, Kans. 67202.

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 NOTICES 5721

No. MC 128966 TA, filed March 29, tioners must be specified in their peti­ 124692 (Sub-No. 1), MC-124692 (Sub- 1967 Applicant: METROPOLITAN tions with particularity. No. 8 ), and MC-124692 (Sub-No. 11), CARTAGE AND LEASING, INC., 1005 No. MC-FC-69426. By order of issued August 24,1964, November 1,1965, St. Louis Avenue, Kansas City, Mo. 64101. March 31, 1967, the Transfer Board ap­ and February 3, 1967, respectively, to Applicant’s representative: Tom B. Kret- proved the transfer to Chandler Trans­ Myron Sammons, Misgoula, Mont., au­ singer, 450 Professional Building, Kansas portation, Inc., New York, N.Y. 10016, of thorizing the transportation, over iiv City, Mo. 64106. Authority sought to the operating rights of Merchants Par­ regular routes, of lumber and lumber operate as a common carrier, by motor cel Delivery Co., a corporation, South products from points in Oregon, Wash­ vehicle, over irregular routes, transport- Kearny, N.J. 07032, in certificate No. MC- ington, and Idaho, and points in Mon­ jing: Meats and packinghouse products, 106010, issued April 16, 1967, authoriz­ tana west of the continental divide, to [between points in the Kansas City, Mo.- ing the transportation of general com­ points in North Dakota, South Dakota, Igans., commercial zone, on the one hand, modities, excluding household goods, Nebraska, and Minnesota ; animal and land, on the other, points in Missouri, on commodities in bulk, and other specified poultry feed and ingredients from points land west of U.S. Highway 63, for 180 commodities, between New York, N.Y., in Iowa and Minnesota to points in Mon­ days. Supporting shippers: John Mor­ and points in New Jersey, within 30 miles tana, Idaho, and Washington; and ben­ rell & Co., 208 South La Salle Street, of city hall, New York, N.Y., on the one tonite from points in South Dakota Chicago, 111. 60604; Farmbest, Inc., Deni­ hand, and, on the other, points in New within 5 miles of Belle Fourche, S. Dak., son, Iowa 51442; Oscar Mayer & Co., Inc., Jersey (not including points in Burling­ to (joints in Montana, Idaho, and Wash­ 910 Mayer Avenue, Madison, Wis. 53701. ton, Mercer, Hunterdon, Warren, Cape ington. Charles E. Nieman, 1160 North­ Send protests to: B. J. Schreier, District May, Cumberland, Gloucester, Salem, western Bank Building, Minneapolis, Supervisor, Bureau of Operations and Atlantic and Ocean Counties, N.J.), be­ Minn., attorney for applicants. Compliance, Interstate Commerce Com- tween points in Philadelphia County, Pa., No. MC-FC-69521. By order of March Imission, 1100 Federal Office Building, 911 and between points in Philadelphia 31, 1967, the Transfer Board approved Walnut Street, Kansas City, Mo. 64106. County, Pa., on the one hand, and, on the the transfer to T im m Trucking Corp., No. MC 128972 TA, filed March 29, other, Camden, NJ., and furniture, ra­ Long Island City, N.Y., of the operating 1967. Applicant: JOHN LOUIE GIB­ dios, refrigerators, and washing ma­ rights in certificate No. MC-89377, is­ SON, Post Office Box 22, Walnut Cove, chines, household goods, vending ma­ sued October 28,1065, to Charles Tuzzo- N.C. 27052. Applicant’s representative: chines, and confectionery, pool and lino, doing business as C. Tuzzi, Brook­ John L. Brown, 6120 Bridgeport Drive, billiard tables, and radiators and boilers, lyn, N.Y., authorizing the transportation, Charlotte, N.C. 28205. Authority sought from Philadelphia, Pa., to Newark and over irregular routes, of new furniture to operate as a contract carrier, by motor ChesilhurSt, N.J., varying with the com­ from New York, N.Y„ to points in that vehicle, over irregular routes, transport­ modities transported. A. David Millner, part of New Jersey and New York within ing: Fertilizer and lime, other than in 1060 Broad Street, Newark, N J. 07102, 35 miles of New York, N.Y. Morris bulk in tank vehicles, between Austin- attorney for transferor. S. Harrison Honig, 150 Broadway, New York, N.Y., ville, Roanoke, Danville, and Norfolk, Va., Kahn, 733 Investment Building, Wash­ attorney for applicants. on the one hand, and, on the other, Wal­ ington, D.C. 20005, Michael F. Rolla, 419 No. MC-FC-69533. By order of March nut Cove, N.C., and Greensboro, N.C., for Park Avenue South, New York, N.Y. 31, 1967, the Transfer Board approved 180 days. Supporting shippers : John G. 10016, attorneys for transferee. the transfer to Otisville Bus Service, Inc., Pulton, Walnut Cove, N.C. 27052, and No. MC-FC-69477. By order of March village of Otisville, N.Y., of certificate Yancey C. Hines, Agrico Chemical Co., a 31, 1967, the Transfer Board approved No. MC-66043, issued September 30, division of Continental Oil Co., Randolph the transfer to Jack N. Tedford, Inc., 1942, to Deerpark Transportation Co., Avenue Extension, Greensboro, N.C. 235 East Williams Avenue, Fallon, Nev., Inc., Port Jervis, N.Y., authorizing the 27406. Send protests to: Jack K. Huff, of certificate Nos. MC-18038, MC-18038 transportation of; Passengers and their District Supervisor, Bureau of Opera­ (Sub-No. 2 ), and MC-18038 (Sub-No. 4), baggage, in charter operations, from Port tions and Compliance, Interstate Com­ issued April 19, 1949, April 13, 1951, and Jervis, N.Y., and points in New Jersey, merce Commission, Room 206, 327 North September 12, 1963, respectively, to Jack New York, and Pennsylvania within 15 Tryon Street, Charlotte, N.C. 28202. N. Tedford, Jr., 235 East Williams Ave­ miles of Port Jervis, to points in Dutchess, By the Commission. nue, Fallon, Nev.,. authorizing the trans­ Orange, Nassau, New York, Putnam, portation of: Ore, ore concentrates, hay, Rockland, Sullivan, Ulster, and West­ fSEALl H . N e i l G a r s o n , mining machinery, and materials, sup­ chester Counties, N.Y., Lackawanna, Secretary. plies and equipment incidental to, or used Monroe, Northampton, Pike, Wayne and [F.R. Doc. 67-8849; Filed, Apr. 6, 1967; in the construction, development, opera­ Wyoming Counties, Pa., and Bergen, Es­ 8 :4 8 a.m .] tion, and maintenance of mines, between sex, Morris, Passaic, Sussex, Union, and points within 75 miles of Fallon, Nev., Warren Counties, N J. Jerome Marko- including Fallon, and between Fallon yits, 15 King Street, Middletown, N.Y. (Notice 1501] on the one hand, and, on the other, points 10940, attorney for applicants. motor c a r r ier tr a n sfer in Nevada within 85 miles, but not less No. MC-FC-69544. By order of March PAOCÌEDINGS than 75 miles from Fallon; ore and con­ 29, 1967, the Transfer Board approved centrates, livestock, wool, and mining the transfer to R. Martel Express A p r il 4,1967. machinery equipment and supplies, be­ Limited, a corporation, 29 Visitation I Synopses of orders entered pursuant tween points ip Nevada within 100 miles Street, Farnham, Quebc, Canada, of the | 10 secWon 212(b) of the Interstate Com- of and including Ely, Nev.; feed, grain, operating rights in permits Nos. MC- II an<* rcdes and regulations pre­ hay, and ranch supplies, between points 116893 and MC-116893 (Sub-No. 6 ) is­ sented thereunder (49 CFR Part 179). in Nevada within 150 miles of and in­ sued May 23, 1958, and February 18, I appear below: cluding Ely, Nev.; and tungsten carbide, 1963, respectively, to Martel Express I p,rov^ e^ k* toe Commission’s spe- and materials and supplies used in the Ltd., 630 Main Street, Farnham, Quebec, I cn ru*es Practice any interested per- manufacture of tungsten carbide, be­ Canada, authorizing the transportation A fflay toe a petition seeking reconsid- tween Fallon, Nev., and the plantsite of of: Wood, flour, and frozen foods, from ...v;on to the following numbered pro- Kennemetal, Inc., Nevada Scheelite Di­ specified points in New York and New m.Hwi5- withto 2 0 days from the date of vision located approximately 40 miles Jersey, to ports of entry on the United .^a^ n to this notice. Pursuant to southeast of Fallon, Nev. States-Canada boundary line, located in Art °+v.^£^ the Interstate Commerce No. MC-FC-69518. By order of March New York State. rvicwi6 f^tog of such a petition will 29, 1967, the Transfer Board approved I s e a l I H . N e il G a r s o n , in h!0 ? 6 tofective date of the order the transfer to Sammons Trucking, a Secretary. tinn 1a“ proceedtog pending its disposi- corporation, Missoula, Mont., of the [F.R. Doc. 67-3850; Filed, Apr. 6, 1967; • The matters relied upon by peti­ operating rights in certificate Nos. MC- 8:48 a.m.j

FEDERAL REGISTER, VOL. 32, NO. 67— FRIDAY, APRIL 7, 1967 5722 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— APRIL

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during April.

Page 3 CFR Page 7 CFR—Continued Page 15 CFR —. 5547 P roclamation : Proposed Rules—Continued 201 1069__ 5696 3773 ______- ______5491 16 CFR 3774 ______5539 1070—'___ 5695 1071______5695 15___ — - 5620 E x e c u t iv e O r d e r : 1073______— _____ 5638, 5696 11340______5453 1075______— 5696 21 CFR 1076 ______1______120 5638,----- 5696 5547 5 CFR 1078 _____ 5695 121 ___ 5455, 5547, 5548, 5674, 5675 213______5455, 5671 1079 ______5639, 5695 191______5456 511______-______5455 1090____ 5695 534______- 5455 1094_____— ______5694 P r o po se d R u l e s : 1096 ______5694 3 ______5560 7 CFR 1097 ______5695 131______— 5560 1 9 1 ______5561, 5562 l — ______5458 1098 ______5695 1099 _____— ______5695 701- ______5619 22 CFR 718. __ 5493 1101 ______5695 722. ______5671 1102 ______5695 41_. 5620 862. ______5458 1103 ______5694 126. 5456 907. ______5461 1104 ______5695 908______5461, 5619 1106______5695 23 CFR 910______5494, 5495 1108______5695 255______5498,5499 912______— 54621120— ______5695 917______5543 1125 _■______5696 24 CFR 1421______5462 1126______— 5695 200——— 5681 1427______5462, 5671 1127 ______5695 1128______5695, 5696 1481.______4------5 4 6 2 25 CFR P r o p o s e d R u l e s : 1129—______5695 5621 1130 ______5695 41— ______------6 8 ______5555 221______5621 320______5555 1131 ______5696 1132 ______5695 P r o p o se d R u l e s : 908______5628 5512 958____ •______5629 1133 _ 5640, 5696 161______989______5690 1134 ______5696 992 ______5514 1136 ------26 CFR 5696 993 ______5556 1137 ______5640, 569649___ 5457 1001 ______5694 1138 ______5695 1002 ______5694 1205______5696 29 CFR 1003 ______5694 601_____ 5465 1004 ______5694 8 CFR 602_____ 5465 1005 ______~ 5695242. 5619 603 _ 5466 1008 ______5695 336. 5619 604 _ 5466 1009 ______5695 606_____ 5466 1011-______5695 10 CFR 609 _ 5466 1012 ______5472 610 ______5466 1013 _ 5472 P r o p o se d R u l e s : 611-____ 5466 1015 ______5694 50—______- 5562 612^—.__ 5467 1016 __—______-____ 5694 115______5562 613 _ 5467 1031 ______5695 614 _ 5467 1032 ______5695 12 CFR 615 _ 5467 1033 ____ 5695 640______5543 616 _ 5467 1034 _ — 5695 619_____ 5467 1035 ______5695 13 CFR 657_____ 5467 1036 ______5695 661_____ 5468 106____ 5672 5468 1038 ______,______— 5695 121______„______5495, 5620 670 _ 1039 ______!_ — 5695 671 _ 5468 1040 ______5695 P r o p o se d R u l e s : 672 _ 5468 1041 ______— - 5695 121______5516 673 ______5468 1043 ______5695 675___ _ 5469 1044 ______5695 14 CFR 677_____ 5469 1045 ______5695 078_____ 5469 39___ 5463, 5464, 5496, 5543-5545, 5676 5469 1046 ______5695 71______5465, 5497, 5677 683_____ 1047 ______5695 687— -__ 5469 73______5497, 5545, 5546 5470 1048 _ 5695 97__ 5678 688_____ 1049 ______5695 690_____ 5470 181___ 5546 5470 1050 ______5695 224______5546 699_____ 1051—______- 5695 720-____ 5470 1060______5696 P r o p o se d R u l e s : . 726___ _ 5505 1062 ______5695 23______5698 71______— 5472, 5473, 5706 1063 ______I------— 5695 32 CFR 1064 ___ 5695 75______5473, 5706 5505 1065 ______5629, 5696 91______5559 1 _ 2 _ 5506 1066 ______5629,5696 243______5562 5506 1067 ______*______5695 288______5564 3______5508 1068 ______;______5695 399______5564, 5642 6______

I FEDERAL REGISTER 5723

32 CFR— Continued Page 39 CFR—Continued Page 46 CFR Page ...... 5508 148 ------5686 160______20 ______5509 149 ______5686 510______22 5509 513 15‘ 5510 41 CFR 540 ______18"------5511 P r o p o se d R u l e s : 151-______* 5682 1-3------— ...... 5622 512 1453______5457 1-6______;______5622 1498— ------5457 8-1------5549 47 CFR 101-32___ 5687 74______32A CFR P r o po se d R u l e s : nsa (Ch. x v m ): 42 CFR 73______5564, 5566, 5642 INS-1------5621 54------5676 49 CFR______5606 33 CFR P r o p o se d R u l e s : 81------r______5514 l ______. 5606, 5609 207______5685 173______5624 43 CFR 235______5624 38 CFR 293______5625 21 ______5549 2240______5689 50 CFR 45 CFR 39 CFR 33______5626, 5627, 5689 122______- 5686 114__ 5549 P r o p o se d R u l e s : 143...... — ______5686 801...... 5470, 5554 10...... ___ 5628

No. 67-

¿i

KNOW YOUR I GOVERNMENT U.S. GOVERNMENT ORGANIZATION MANUAL 1966-67 EDITION

The United States Presents authoritative information about Government agencies (updated and republished annually). Government Describes the creation and authority, organization, and func­ Organization Manual tions of the agencies in the legislative, judicial, and executive is the official guide branches. to the functions of the This handbook is an indispensable reference tool for teachers, Federal Government librarians, scholars, lawyers, and businessmen who need cur­ rent official information about the U.S. Government. $2° ° per copy. Paperbound, with charts

Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.