FEDERAL REGISTER VOLUME 34 • NUMBER45 Friday, March 7,1969 • Washington, D.C. Pages 4931-4997

Agencies in tliis issue— The President Army Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Coast Guard Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Engineers Corps Federal Aviation Administration Federal Communications C o m m is s io n Federal Trade Commission ' Federal Water Pollution Control Administration Interior Department Interstate Commerce C o m m is s io n Maritime Administration National Transportation Safety Board Patent Office Securities and Exchange Commission Small Business Administration State Department Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1969)

Title 26—Internal Revenue (Parts 500-599) (Revised). $1.50 Title 32—National Defense (Part 1600-End) (Revised).' 1.00 Title 46—Shipping (Parts 146-149) (Revised)______3.75

[A Cumulative checklist of CFR issuances for 1969 appears in the first issue of the Federal Register each month under Title I]

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERALWREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (mail address National Area Code 202 \ 1934 ¿0? Phone 962-8626 Un it e d ’ 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. 15), 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, W ashington, D.C. 20402. T h e F ederal R egister 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, W ashington, D.C. 20402. The regulatory material appearing herein is keyed to the -Code of Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal Regulations 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 F ederal Register or th e Code of F ederal Regulations. Contents

Notices FEDERAL AVIATION THE PRESIDENT Hearings, etc.: ADMINISTRATION Crown Airways, Inc__------— 4987 PROCLAMATION Hughes Tool Co. and Air West, Rules and Regulations Law Day, U.S.A., 1969------4935 I n c ______4990 Airworthiness directives; EXECUTIVE ORDER International Air Transport As­ Fairchild Hiller aircraft------4939 sociation ------4988 Mooney airplanes______4939 Prescribing arrangements for de­ Liability and claims rules and Pilatus airplanes______4939 veloping and coordinating a na­ practices------4989 Schleicher gliders------4940 tional program for minority Memphis/ Huntsville / Birming- Control zones, Federal airway, and business enterprise------4937 ham-Los Angeles service in­ transition areas; alterations vestigation ______4990 and/or designations (18 documents______4940-4944 EXECUTIVE AGENCIES COAST GUARD Standard instrument ap­ proach procedures; miscellane­ Notices ous amendments______4945 AGRICULTURE DEPARTMENT Equipment, installations, or ma­ See Commodity Credit Corpora- - terials; approval notice; correc­ Proposed Rule Making tion; Consumer and Marketing tion ______4987 Transition area; designation----- 4974 Service. COMMERCE DEPARTMENT FEDERAL COMMUNICATIONS See Business and Defense Services ARMY DEPARTMENT Administration; Maritime Ad­ COMMISSION See also Engineers Corps. ministration; Patent Office. Notices Rules and Regulations Establishment of domestic com­ Medical attendance and depend­ COMMODITY CREDIT munications satellite facilities ents’ medical care------4965 CORPORATION by non-governmental entities; Notices date for filing of comments___ 4991 Standard broadcast application ATOMIC ENERGY COMMISSION Sales of certain commodities; ready and available for process­ March sales list—______4975 Notices ing ______4991 Consolidated Edison Company of CONSUMER AND MARKETING New York, Inc.; change in com­ position of atomic safety and SERVICE FEDERAL TRADE COMMISSION licensing board------4987 Rules and Regulations Rules and Regulations Hops, domestic; salable quantity Fair Packaging and Labeling Act; and allotment percentage for statements of general policy or BUSINESS AND DEFENSE 1969-70 marketing year___ 1_ 4956 interpretation; manufacturer of SERVICES ADMINISTRATION Oranges, Valencia, grown in Ari­ consumer commodities______4956 zona and California; handling Notices limitation; correction______4956 Duty-free entry of scientific ar­ FEDERAL WATER POLLUTION ticles; Proposed Rule Making Adler Planetarium of Chicago Onions grown in south Texas; rec­ CONTROL ADMINISTRATION Park District-______4979 ommended decision______4969 Notices Agricultural Research Service— 4979 Oranges and grapefruit grown in Interstate waters of Iowa; stand­ Bartol Research Foundation— 4980 Texas; handling______4969 ard setting conference------4975 Brookhaven National Labora­ tory ______4980 CUSTOMS BUREAU California Institute of Tech­ Rules and Regulations INTERIOR DEPARTMENT nology ______4980 Children’s Orthopedic Hospital Coastwise transportation of con­ See also Federal Water Pollution and Medical Center------4981 tainers, etc., by.certain South Control Administration. Genesee Hospital______4981 African vessels______4957 Notices Institute for Medical Research Countervailing duties; sugar con­ Administrator, Southwestern of Santa Clara County_____ 4981 tent of certain articles from Power Administration, et al.; Iowa State University------4982 A ustralia______4957 adjustment of salaries------4975 Johns Hopkins University_____ 4982 Foreign-trade zones______4957 National Bureau of Standards (3 documents)______— 4983 DEFENSE DEPARTMENT INTERSTATE COMMERCE National Institutes of Health— 4984 See Army Department; Engineers COMMISSION Simmons College______.____ _ 4984 Corps. Texas A. & M. University______4985 Notices University of Illinois______4985 ENGINEERS CORPS Car distribution; Chicago, Rock University of Miami et al____ 4985 Rules and Regulations Island and Pacific Railroad Co. University of Michigan et al__ 4986 and Northern Pacific Railway University of Virginia______4986 Flood control; Norman Dam and C o ____ —______4992 Lake Thunderbird, Little River, Fourth section application for re­ Okla ______4967 lief —______4992 CIVIL AERONAUTICS BOARD Navigation; waterways tributary to the Atlantic Ocean and the Motor carriers: Rules and Regulations Temporary authority applica­ Gulf of Mexico______4967 tions (2 documents)____ 4992, 4993 Air taxi operators; liability insur­ Public use of reservoir areas; ance requirements; modification Okatibbee Reservoir, Miss., and Transfer proceedings------4995 of pilot exclusion provision____ 4955 Holt Lock and Dam, Ala______4968 (Continued on next page) 4933 4934 CONTENTS

MARITIME ADMINISTRATION SECURITIES AND EXCHANGE STATE DEPARTMENT Proposed Rule Making COMMISSION Rules and Regulations Subsidized operators; guidelines Notices Documentation of immigrant for payment; extension of time_ 4973 Hearings, etc.: visas; consular records of ap­ plications and priority date of NATIONAL TRANSPORTATION Mill Factors Corp_.______4991 individual applicants______4964 Top Notch Uranium and Mining SAFETY BOARD Corp ------4991 Notices TRANSPORTATION DEPARTMENT Accident near Hanover, N.H.; hearing ------4987 See Coast Guard; Federal Avia­ SMALL BUSINESS tion Administration; National PATENT OFFICE ADMINISTRATION Transportation Safety Board. Proposed Rule Making Notices Patent cases; extension of defen­ Juster Capital Corp.; surrender TREASURY DEPARTMENT sive publication program_____ 4973 of license______4991 See Customs Bureau.

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected# covering the current month to date# appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969# and specifies how they are affected.

3 CFR P r o p o se d R u l e s : 33 CFR P roclamation : 71______4974 207______4967 3898------4935 208______4967 E x e c u t iv e O r d e r s : 1 5 £ F R 11007 (see EO 11458)___ 1______4937 cnq 11458______4937 ------4956 36 CFR 311______4968 7 CFR 19 CFR 326______4968 908______4956 4______4957 991______4956 16____ 4957 37 CFR P r o p o se d R u l e s : 30___ I” 4957 „ „ 906______4969 P r o p o se d R u l e s : 959______4969 2 2 CpR 1------4973 3------4973 14 CFR 42__ '___ 4964 39 (4 documents)______4939, 4940 71 (18 documents)______4940-4944 46 CFR 97------4945 3 2 CFR P r o p o s e d R u l e s : 298------4955 577_____ 4965 Ch. II___...... 4973 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3898 LAW DAY, U.S.A., 1969 By the President of the United States of America A Proclamation The first day of May has been set aside by the Congress of the United States as LAW DAY, U.S.A. It is a special day to be observed by the American people in appreciation of their liberties and national inde­ pendence. It is an occasion for rededication to the ideals of equality and justice under law. There was never a greater need for such rededication. Events of recent years—rising crime rates, urban rioting, and violent campus protests—have impeded rather than advanced social justice. We must reverse the upward trend of lawlessness in our land. We must bring forward in America our faith in ourselves and in our country and its future. We must move forward to a new era of peace and progress in which our great resources can be utilized to end poverty and injustice and to achieve greater opportunities for all Americans. Achievement of these goals does not depend upon the acts of govern­ ment alone; it depends in substantial part upon the attitude and actions of each of us. We must recognize a clear duty to obey the laws, to respect the rights of others, to resolve controversies by lawful means, to become responsive and responsible citizens. Unequal justice is no justice at all, unenforced laws are worse than no laws at all; that is why equal justice under law is the bedrock of the American system. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby urge the people of the United States to observe Thursday, May 1, 1969, as Law Day in the United States of America with appropriate public ceremonies and by the reaffirmation of their dedication to our form of government and the supremacy of law in our lives. I especially urge the legal profession, the schools and educational institutions, civic and service organiza­ tions, all media of public information, and the courts to take the lead in sponsoring and participating in appropriate observances through­ out the Nation. And, as requested by the Congress, I direct the appropriate Govern­ ment officials to display the flag of the United States on all public buildings on that day. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of March, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-third.

[F.R. Doc. 69-2893 ; Filed, Mar. 6,1969 ; 10: 30 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969

THE PRESIDENT

Executive Order 11458 PRESCRIBING ARRANGEMENTS FOR DEVELOPING AND COORDINATING A NATIONAL PROGRAM FOR MINORITY BUSINESS ENTERPRISE By virtue of the authority vested in me as President of the United States, it is ordered as follows : S ection 1. Functions of the Secretary of Commerce, (a) The Sec­ retary of Commerce (hereinafter referred to as “the Secretary”) shall— (1) Coordinate as consistent with law the plans, programs, and operations of the Federal Government which affect or may contribute to the establishment, preservation and strengthening of minority busi­ ness enterprise. (2) Promote the mobilization of activities and resources of State and local governments, businesses and trade associations, universities, foundations, professional organizations and volunteer and other groups towards the growth of minority business enterprise's and facilitate the coordination of the efforts of these groups with those of Federal departments and agencies. (3) Establish a center for the development, collection, summariza­ tion and dissemination of information that will be helpfiil to persons and organizations throughout the nation in undertaking or promoting the establishment and successful operation of minority business enterprises. (b) The Secretary, as he deems necessary or appropriate to enable him to better fulfill the responsibilities vested in him by subsection (a), may— (1) Develop, with the participation of other Federal departments and agencies as appropriate, comprehensive plans of Federal action and propose such changes in Federal programs as may be required. (2) Require the submission of information from such departments and agencies necessary for him to carry out the purposes of this order. (3) Convene for purposes of coordination meetings of the heads of such departments and agencies, or their designees, whose programs and activities may affect or contribute to the purposes of this order. (4) Convene business leaders, educators, and other representatives of the private sector engaged in assisting the development of minority business enterprise or who could contribute to its development to pro­ pose, evaluate, and coordinate governmental and private activities m furtherance of the objectives of this order. (5) Confer with and advise officials of State and local governments. (6) Provide the managerial and organizational framework through which joint or collaborative undertakings with Federal departments or agencies or private organizations can be planned and implemented. ( 7 ) Recommend appropriate legislative or executive actions. S ec. 2. Establishment of the Advisory Council for Minority Enter­ prise. (a) There is hereby established the Advisory Council for Minority Enterprise (hereinafter referred to as “the Council”). (b) The Council shall be composed of members appointed by the President from among persons, including members of minority groups and representatives from minority business enterprises, knowledgeable and dedicated to the purposes of this order. The members shall serve for a term of two years and may be reappointed. (c) The President shall designate one of the members of the Council as the Chairman of the Council. (d) The Council shall meet at the call of the Secretary. (e) The Council shall be advisory to the Secretary in which capacity it Shall—

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4938 THE PRESIDENT (1) Serve as a source of knowledge and information on develop­ ments in different fields and segments of our economic and social lire which affect minority business enterprise. (2) Keep abreast of plans, programs and activities in the public and private sectors which relate to minority business enterprise, and advise the Secretary on any measures to better achieve the objectives of this order. (3) Consider, and advise the Secretary and such officials as he may designate on, problems and matters referred to the Council. (f) For the purposes of Executive Order No. 11007 of February 26, 1962, the Council shall be deemed to have been formed by the Secretary. (g) Members of the Council shall be entitled to receive travel and expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.G 5701-5708) for persons in the Government service em­ ployed intermittently. (h) The Secretary shall arrange for administrative support of the Council to the extent necessary including use of any gifts or bequests accepted by the Department of Commerce pursuant to law. Sec. 3. Responsibilities of other Federal departments and agencies. (a) The head of each Federal department and agency, or a representa­ tive designated by him, when so requested by the Secretary, shall, to the extent permitted by law and funds available, furnish information and assistance, and participate in all ways appropriate to carry out the objectives of this order. (b) The head of each Federal department or agency shall, when so requested by the Secretary, designate a senior official to have primary and continuing responsibility for the participation and cooperation of that department or agency in matters concerning minority business enterprise and activities as required by this order. (c) The head of each Federal department or agency, or his desig­ nated representative, shall keep the Secretary informed of all proposed budgets, plans, and programs of his department or agency affecting minority business enterprise. Sec. 4:. Construction. Nothing in this order shall be construed as subjecting any function vested by law in, or assigned pursuant to law to, any Federal department or agency or head thereof to the authority of any other agency or officer, or as abrogating or restricting any such function in any manner. •

T h e W h ite H ouse, March 5, 1969. [F.R. Doc. 69-2847 ; Filed, Mar. 5, 1969 ; 3:03 p.m.] \

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4939 Rules and Regulations

(c) Upon request with substantiatingcomplete initial Inspection in accordance Title 14— AERONAUTICS AND data submitted through an FAA mainte­ with Parts IA, II, and III. nance inspector, the compliance times speci­ N o t e : Inspection intervals required by this fied in this AD may be increased by the Chief, AD differ from the inspection intervals shown SPACE Engineering and Manufacturing Branch, in Mooney Service Bulletin No. M20-170A. FAA Eastern Region. (c) At each annual inspection required by Chapter I— Federal Aviation Admin­ This amendment is effective March 12, FAR 91, comply with Parts IA, II, and III. istration, Department of Transpor­ If wood or glue joint deterioration is 1969. detected, repair m ust be accomplished in ac­ tation (Secs. 313(a), 601, 603, Federal Aviation Act cordance with Money Service Bulletin No. SUBCHAPTER C— AIRCRAFT of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. M20-170A, or FAA-approved standard prac­ 6(c), DOT Act; 49 U.S.C. 1655(c)) tice, prior to further flight, except that the [ Docket No. 69-EA-10; Amdt. 39-729 ] airplane may be flown in accordance with PART 39— AIRWORTHINESS Issued in Jamaica, N.Y., on Febru­ FAR 21.197 to a base where the repair can be ary 25,1969. p erform ed . .DIRECTIVES R . M . B r o w n , Mooney Service Bulletin M20-170-1 Kit in­ Fairchild Hiller Aircraft Acting Director, Eastern Region. cludes pertinent parts and instructions for [F.R. Doc. 69-2746; Filed, Mar. 6, 1969; replacement of the wood empennage with an The Federal Aviation Administration 8 :4 6 a.m .] all-metal empennage, which, if installed, re­ is amending § 39.13 of Part 39 of the Fed­ lieves the owner or operator from the inspec­ eral Aviation Regulations so as to publish tion requirements of this AD applicable to an airworthiness directive applicable to [Airworthiness Docket No. 68-SW-87; Amdt. the wood empennage. Installation of the all- 3 9 -7 3 1 ] metal empennage is recommended, but not the Fairchild Hiller FH-227 type required, by this AD. airplanes. PART 39— AIRWORTHINESS Fairchild Hiller Service Bulletin 51-1 This supersedes Amendment 39-695 (33 of July 12, 1967 requires continuing pe­ DIRECTIVES F.R. 18981), AD 68-25-6. riodic inspections to assure against fa­ Mooney Models M20 and M20A This amendment becomes effective tigue cracks in the affected wing areas. March 10,1969. Amendment 39-695 (33 F.R. 18981), Heretofore, the inspections were made a (Secs. 313(a), 601, 603, Federal Aviation Act part of the Data Sheet No. 7A1 which, AD 68-25-6 requires inspection for wood of 1958; 49 UB.C.' 1354a, 1421, 1423; sec. 6 while a public document, does not cover rot and glue joint deterioration and re­ (c), Department of Transportation Act; 40 the distribution of an airworthiness di­ pair, as necessary, on Mooney Models U.S.C. 1655(c)) rective. The inspections, however, are M20 and M20A airplanes. After issuing Issued in Fort Worth, Tex., on Febru­ critical to air safety, and potential cracks Amendment 39-695, due to service ex­ perience in administering the AD, it has ary 28, 1969. are likely to develop in FH-227 type H e n r y L . N e w m a n , aircraft. been determined that the inspection pro­ Director, Southwest Region. Since a situation exists that requires visions are inadequate. It was also found immediate adoption of this regulation, it that the compliance intervals were too [F.R. Doc. 69-2747; Filed, Mar. 6, 1969; is found that notice and public proce­ frequent. Therefore, the AD is being su­ 8 :4 6 a .m .] dure hereon are impracticable and good perseded by a new AD that requires ad­ cause exists for making this amendment ditional inspections while extending [Docket No. 9461; Amdt. 39-732] effective in less than 30 days. compliance intervals. PART 39— AIRWORTHINESS In consideration of the foregoing and Since a situation exists that requires DIRECTIVES pursuant to the authority delegated to immediate adoption of this regulation, me by the Administrator, 14 CFR 11.85 it is found that notice and public pro­ Pilatus Models PC—6/B—H2 and (31 FR. 13697), § 39.13 of Part 39 of the cedure hereon are impracticable and PC-6/B1—H2 Airplanes Federal Aviation Regulations is amended good cause exists for making this amend­ There have been instances where the by adding the following hew Airworthi­ ment effective in less than 30 days. split pin which limits the travel of the ness Directive: In consideration of the foregoing, and knurled friction nut on the power control Fairchild Hiller. Applies to FH-227 type air­ pursuant to the authority delegated to lever assembly was found out of tolerance planes certificated in all categories. me by the Administrator (31 F.R. on certain Pilatus airplanes. This con­ 13697), § 39.13 of Part 39 of the Federal Compliance required as indicated. dition could result in the power control To detect possible development of cracks Aviation Regulations is amended by lever being inadvertently moved to the in the wing area, accomplish the following: adding the following new airworthiness reverse position while in flight. Since this (a) Within 25 hours time in service after directive: condition is likely to exist or develop on the accumulation of the specified airplane Mooney. Applies to Models M20 and M20A other airplanes of the same design, an hours time in service, unless already ini­ a irp la n es. airworthiness directive (AD) is being is­ tiated, inspect or continue to inspect in ac­ cordance with Fairchild Hiller Service Compliance required as indicated: ~ sued to require checking the travel of Bulletin 51—1, dated July 12, 1967, and later To detect wood and glue joint deteriora­ the friction nut on Pilatus Models changes thereto approved by the Chief, En­ tion in wood wing and wood empennage PC-6/B-H2 and PC-6/B1-H2 airplanes, gineering and Manufacturing Branch, FAA structures, inspect and rework in accordance to determine if the travel exceeds three- Eastern Region, or in accordance with an with the below specified parts of Mooney fourths of a turn, and to require correc­ equivalent inspection program approved by Service Bulletin No. M20-170A, dated Febru­ tion if necessary. the Chief, Engineering and Manufacturing ary 24, 1969, or equivalent methods approved Branch, FAA Eastern Region. by the Chief, Engineering and Manufacturing Since a situation exists that requires (b) if cracks are found or if repaired Branch, Federal Aviation Administration, immediate adoption of this regulation, it cracks are found to be propagating, replace Southwest Region, Fort Worth, Tex. is found that notice and public procedure the cracked part with a part of the same part (a) W ithin the next 10 hours time in serv­ hereon are impracticable and good cause number or with an equivalent part approved ice, or within the next 30 days, whichever exists for making this amendment effec­ hy the Chief, Engineering and M anufacturing occurs first, after the effective date of this tive in less than 30 days. Branch, FAA Eastern Region, or incorporate AD, comply with Parts I A, B, and C, II, and In consideration of the foregoing, and a repair approved by the Chief, Engineering III, unless already accomplished. pursuant to the authority delegated to and Manufacturing Branch, FAA Eastern (b) Within the sixth month after initial Region before further flight, except that the compliance and within the sixth month after me by the Administrator (14 CFR 11.89), FAi»ne ma^ k® flown in accordance with each annual inspection, comply with Parts § 39.13 of Part 39 of the Federal Aviation AR 21.197 to a base where the repair can IIA m , 8, 9, and 10. If wood or glue joint Regulations is amended by adding the he m ade. deterioration is detected, accomplish the following new airworthiness directive:

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 No. 45------2 4940 RULES AND REGULATIONS

P ilatus. Applies to Models PC-6/B-H2 and SUBCHAPTER E— AIRSPACE Since this change is minor in nature PC-6/B1-H2 airplanes. and imposes no additional burden on any Compliance required within the next 25 [Airspace Docket No. 68k€ E -1 0 4 ] hours’ tim e in service after the effective date person, notice and public procedure here­ of this AD, unless already accomplished. PART 71— DESIGNATION OF FEDERAL on are unnecessary. Check the travel of the knurled friction AIRWAYS, CONTROLLED AIRSPACE, In consideration of the foregoing, Part 71 of the Federal Aviation Regulations is nut on the power control lever assembly to AND REPORTING POINTS determine if it exceeds three-fourths of a amended effective immediately as herein­ turn. If travel exceeds three-fourths of a Alteration of Control Zone after set forth: turn, install shim(s) of adequate thickness, (1) In §71.171 (34 F.R. 4557), the or drill a new hole and insert a new cotter On page 19199 of the F e d e r a l R e g is t e r Kalispell, Mont., control zone is altered pin, in accordance with Pilatus Service Bul­ letin No. 85 dated July 1968 or later Swiss dated December 24, 1968, the Federal by deleting, “Flathead County Airport” Federal Air Office-approved issue or an FAA- Aviation Administration published a in the text and substituting therefor approved equivalent. notice of proposed rule making which “Glacier Park International Airport.” would amend § 71.171 of Part 71 of the (2) In §71.181 (34 F.R. 4637), the This amendment becomes effective Federal Aviation Regulations so as to Kalispell, Mont., transition area is March 12,1969. alter the control zone at Flying Cloud altered by deleting “Flathead County (Secs. 313(a), 601, 603, Federal Aviation Act Airport, Minneapolis, Minn. Airport” in the text and substituting of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. Interested persons were given 45 days therefor “Glacier Park International 6(c), Department of Transportation Act; 49 Airport.” U.S.C. 1655(c)) to submit written comments, suggestions, or objections regarding the proposed (Sec. 307 (a), Federal Aviation Act of 1958; Issued in Washington, D.C., on Feb­ amendment. 49 U.S.C. 1348; sec. 6(c), Department of ruary 28,1969. No objections have been received and Transportation Act; 49 U.S.C. 1655(c)) R . S . S l i f f , the proposed amendment is hereby Acting Director, adopted without change and is set forth Issued at Kansas City, Mo., on Febru­ Flight Standards Service. below. ary 19, 1969. D a n ie l E . B a r r o w , [F.R. Doc. 69-2748; Filed, Mar. 6, 1969; This amendment shall be effective 0901 Acting Director, Central Region. 8 :4 6 a.m .] G.m.t., May 1,1969. [F.R. Doc. 69-2751; Filed, Mar. 6, 1969; [Docket No. 9335; Arndt. 39-733] (Sec. 307(a), Federal Aviation Act of 1958; 8 :4 7 a.m .] 49 U.S.C. 1348; sec. 6(c), Department of PART 39—-AIRWORTHINESS Transportation Act; 49 U.S.C. 1655(c)) DIRECTIVES Issued in Kansas City, Mo., on Feb­ j Airspace Docket No. 68-CE-85] Schleicher Model Ka6E Gliders, Serial ruary 17,1969. PART 71— DESIGNATION OF FEDERAL D a n ie l E . B a r r o w , Nos. 1 Through 4232 Except No. 4226 Acting Director, Central Region. AIRWAYS, CONTROLLED AIRSPACE, A proposal to amend Part 39 of the AND REPORTING POINTS Federal Aviation Regulations to include In § 71.171 (34 F.R. 4557), the follow­ an airworthiness directive (AD) requir­ ing control zone is amended to read: Alteration of Control Zone and ing installation of new thermos bottle Minneapolis, Min n . (Flying Cloud Airport) Transition Area mounting clamps with rubber inserts on On pages 15879 and 15880 of the F ed­ Schleicher Model Ka6E Gliders, Serial W ithin a 5-mile radius of Flying Cloud Air­ port (latitude 44°49'30" N., longitude eral R egister dated October 26,1968, the Nos. 1 through 4232 except No. 4226 93°27'45" W.); within 2 miles each side of Federal Aviation Administration pub­ gliders, was published in 34 F.R. 261. the Flying Cloud VOR 292° radial, extending lished a notice of proposed rule making Interested persons have been afforded from the 5-mile radius zone to 7 miles west which would amend §§ 71.171 and 71.181 an opportunity to participate in the of the VOR; and within 2 miles each side of of Part 71 of the Federal Aviation Regu­ making of the amendment. No objections the Flying Cloud VOR 179° radial, extending lations so as to alter the control zone and were received. from the 5-mile radius zone to 7 miles south transition area at Appleton, Wis. of the VOR. This control zone is effective In consideration of the foregoing, and during the specific dates and times estab­ Interested persons were given 45 days pursuant to the authority delegated to lished in advance by a Notice to Airmen. to submit written comments, suggestions, me by the Administrator (14 CFR 11.89), The effective date and time will thereafter or objections regarding the proposed § 39.13 of Part 39 of the Federal Aviation be continuously published in the Airman’s amendments. Regulations is amended by adding the Information Manual. No objections have been received and following new airworthiness directive: [F.R. Doc. 69-2750; Filed, Mar. 6, 1969; the amendments as so proposed are here­ Schleicher. Applies to Schleicher Model 8 :4 6 a.m .] by adopted, subject, to the following Ka6E gliders, Serial Nos. 1 through 4232 change: The Outagamie County Airport except Serial No. 4226. coordinates recited in the Appleton, Wis., Compliance required within the next 100 [Airspace Docket No. 69-CE-6] control zone and transition area altera­ hours’ tim e in service after the effective date tion as “latitude 44°15'40" N., longitude of the AD, unless already accomplished. PART 71— DESIGNATION OF FEDERAL 88°31'10" W.” are changed to read “lati­ To prevent the failure of the thermos bottle mounting brackets, install new mount­ AIRWAYS, CONTROLLED AIRSPACE, tude 44°15'35" N., longitude 88°31'15" ing clamps with rubber insert, in accordance AND REPORTING POINTS W ”. with Schleicher Technical Note No. 17, dated This amendment shall be effective 0901 September 10, 1968, or later LBA-approved Alteration of Control Zone and G.m.t., May 1, 1969. issue or an FAA-approved equivalent. Transition Area (Sec. 307(a), Federal Aviation Act of 1958; This amendment becomes effective 49 U.S.C. 1348; sec. 6(c), Department of The purpose of this amendment to Part Transportation Act; 49 U.S.C. 1655(c)) April 6,1969. 71 of the Federal Aviation Regulations is (Sec. 313(a), 601, 603, Federal Aviation Act to alter the Kalispell, Mont., control zone Issued in Kansas City, Mo., on Feb­ of 1958; 49 U.S.C. 1354(a), 1421, 1423; Sec. and transition area. ruary 19, 1969. 6(c), Department of Transportation Act; 49 U.S.C. 1655(c)) The Flathead County Airport, Kali- D a n ie l E . B a r r o w , spell, Mont., has been renamed Glacier Acting Director, Central Region. Issued in Washington, D.C., on Feb­ Park International Airport. Therefore, it ruary 28,1969. is necessary to alter the Kalispell control (1) In § 71.171 (34 F.R. 4557), the fol­ R . S . S l i f f , zone and transition area which presently lowing control zone is amended to read: Acting Director, refer to the airport as Flathead County Appleton, Wis . Flight Standards Service. Airport to reflect the airport change of Within a 5-mile radius of Outagamie [F.R. Doc. 69-2749; Filed, Mar. 6, 1969; name. Action is taken herein to reflect County Airport (latitude 44°15'35" N., longi­ 8 :4 6 a.m .] this change. tude 88°31'15'' W .); and within 2 miles ea'ch

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4941 eide of the 135°, 206*, 285°, and 016° bearings extending from the arc of a 5-mile radius adopted without change and is set forth from Outagamie County Airport, extending circle centered on the Russell Municipal Air­ below. from the 5-mile radius zone to 8 miles south­ port (latitude 38°52'20" N„ longitude 98°- This amendment shall be effective 0901 east, southwest, west, and north of the air­ 48'45'' W.), to the arc of a 9-mile radius G.m.t., May 1, 1969. port. This control zone is effective during circle centered on Hays Municipal Airport the specific dates and times established in (latitude 38°50'45" N., longitude 90°16'30" (Sec. 307(a), Federal Aviation Act of 1958; advance by a Notice to Airmen. The effective W.); and that airspace extending upward 49 U.S.C. 1348; sec. 6(c), Department of date and time will thereafter be continu­ from 1,200 feet above the surface within 5 Transportation Act; 49 U.S.C. 1655(c)) ously published in the Airman’s Information miles north and 8 miles south of the Hays Issued in Kansas City, Mo., on Feb­ M anual. VORTAC 086° radial, extending from Russell Municipal Airport to 7 miles east of the ruary 17, 1969. (2) In §71.181 (34 F.R. 4637), the VORTAC, excluding the portion which over- D a n ie l E . B a r r o w , following transition area is amended to lies the Hays, Kans., transition area. Acting Director, Central Region. read: [F.R. Doc.- 69-2753; Filed, Mar. 6, 1969; Appleton, Wis . 8 :4 7 a.m .] In § 71.181 (34 F.R. 4637), the following That airspace extending upward from 700 transition area is amended to read: feet above the surface within a 6-mile radius Ashland, M o. of Outagamie County Airport (latitude 44 °- [Airspace Docket No. 68—CE-116] 15'35" N., longitude 88°31'15" W .); and That airspace extending upward from 700 within 2 miles each side of the 016°, 135°, PART 71— DESIGNATION OF FEDERAL feet above the surface within a 6-mile radius 206°, and 285° bearings from Outagamie AIRWAYS, CONTROLLED AIRSPACE, of the Columbia Regional Airport (latitude County -Airport, extending from the 6-mile AND REPORTING POINTS 38°48'55" N., longitude 92°13'05" W .); within radius area to 8 miles north, southeast, 2 miles each side of the Hallsville, Mo., VOR­ southwest, and west of the airport. TAC 192° radial extending from the 6-mile Alteration of Federal Airway radius area to 10 miles south of the VORTAC; [F.R. Doc. 69-2752; Filed, Mar. 6, 1969; On December 24, 1968, a notice of pro­ within 2 miles each side of the 031° bearing 8 :4 7 a jn .] posed rule making was published in the from Columbia Regional Airport, extending from the 6-m ile radius area to 10 miles north­ F e d e r a l R e g is t e r (33 F.R. 19199) stating that the Federal Aviation Administra­ east of the airport; and within 2 miles each [Airspace Docket No. 68-CE—122J side of the 193° bearing from Columbia Re­ tion was considering an amendment to gional Airport, extending from the 6-mile PART 71— DESIGNATION OF FEDERAL Part 71 of the Federal Aviation Regula­ radius area to 12 miles south of the airport, AIRWAYS, CONTROLLED AIRSPACE, tions that would extend V-341 from excluding the portions which overlie the Co­ AND REPORTING POINTS Dubuque, Iowa, 1,200 feet AGL to Cedar lumbia, Mo., and Jefferson City, Mo., 700-foot Rapids, Iowa. floor transition areas. Alteration of Control Zone and Interested persons were afforded an [F.R. Doc. 69-2755; Filed, Mar. 6, 1969; Transition Area opportunity to participate in the pro­ 8 :4 7 a.m .] posed rule making through the submis­ On page 19199 of the F ed e r a l R e g is t e r sion of comments. All comments received dated December 24, 1968, the Federal were favorable. [Airspace Docket No. 68-CE-115] Aviation Administration published a In consideration of the foregoing, Part notice of proposed rule making which 71 of the Federal Aviation Regulations PART 71— DESIGNATION OF FEDERAL would amend §§ 71.171 and 71.181 of Part is amended effective, 0901 G.m.t., May 1, AIRWAYS, CONTROLLED AIRSPACE, 71 of the Federal Aviation Regulations 1969, as hereinafter set forth. AND REPORTING POINTS so as to alter the control zone and tran­ Section 71.123 (34 F.R. 4509) is amend­ Alteration of Transition Area sition area at Russell, Kans. ed as follows: In V-341 “From Dubuque, Interested persons were given 45 days Iowa,” is deleted and “From Cedar On pages 18938 and 18939 of the F e d ­ to submit written comments, suggestions, Rapids, Iowa, 12 AGL Dubuque, Iowa;” is er a l R e g is t e r dated December 19, 1968, or objections regarding the proposed substituted therefor. the Federal Aviation Administration amendments. (Sec. 307(a), Federal Aviation Act of 1958; published a notice of proposed rule No objections have been received and 49 U.S.C. 1348; sec. 6(c), Department of making which would amend § 71.181 of the amendments as so proposed are Transportation Act; 49 U.S.C. 1655(c)) Part 71 of the Federal Aviation Regula­ hereby adopted, subject to the following tions so as to alter the transition area change: The Russell Municipal Airport Issued in Washington, D.C., on Feb­ at Sterling, HI. latitude coordinate recited in the Russell, ruary 28,1969. Interested persons were given 45 days Kans., control zone and transition area H . B . H e l s t r o m , to submit written comments, suggestions, alteration as “latitude 38° 52'25" N.” is Chief, Airspace and Air or objections regarding the proposed changed to read “latitude 38°52'20" N.” Traffic Rules Division. amendment. This amendment shall be effective 0901 [F.R. Doc. 69-2754; Filed, Mar. 6, 1969; No objections have been received and G.m.t., May 29,1969. 8 :4 7 a.m .] - the proposed amendment is hereby (Sec. 307(a), Federal Aviation Act of 1958; adopted without change and is set forth 49 U.S.C, 1348); sec. 6(c), Department of below. [Airspace Docket No. 68-CE-109] Transportation Act; 49 U.S.C. 1655(c)) This amendment shall be effective Issued in Kansas City, Mo., on Feb­ PART 71— designation o f f ed er a l 0901 G.m.t., May 1, 1969. ruary 24,1969. AIRWAYS, CONTROLLED AIRSPACE, (Sec. 307(a), Federal Aviation Act of 1958, D a n ie l E . B a r r o w , AND REPORTING POINTS 49 U.S.C. 1348; sec. 6(c). Department of Acting Director, Central Region. Transportation Act; 49 U.S.C. 1655(c)) Alteration of Transition Area (1) In § 71.171 (34 F.R. 4557), the fol­ Issued in Kansas City, Mo., on Feb­ lowing control zone is amended to read: On page 18938 of the F ed e r a l R e g is t e r ruary 17, 1969. dated December 19, 1968, the Federal Russell, Kans. D a n ie l E . B a r r o w , Aviation Administration published a Acting Director, Central Region. Within a 5-mile radius of Russell Munici­ notice of proposed rule making which pal Airport (latitude 38°52'20" N., longitude would amend § 71.181 of Part 71 of the In § 71.181 (34 F.R. 4637), the follow­ 98°48'45" W .). Federal Aviation Regulations so as to ing transition area is amended to read: <2) In § 71.181 (34 F.R. 4637), the fol­ alter the transition area at Ashland, MO. Sterling, III. lowing transition area is amended to Interested persons were given 45 days read: to submit written comments, suggestions, That airspace extending upward from 700 feet above the surface within a 7-mile radius Russell, K ans. or objections regarding the proposed of Whiteside County Airport (latitude 41 °- That airspace extending upward from 700 amendment. 44'35" N., longitude 89°40'30" W .); within feet above the surface within 2 miles each No objections have been received and 2 miles each side of the 074° bearing from side of the Hays, Kans., VORTAC 086° radial, the proposed amendment is hereby Whiteside County Airport, extending from

FEDERAL REGISTER, VOL. 34, NO. 45'— FRIDAY, MARCH 7, 1969 4942 RULES AND REGULATIONS the 7-mile radius area to 14 miles east of the tions is to alter the Marshalltown, Iowa, m § 71.181 (34 F.R. 4637), the follow­ airport; and within 2 miles each side of the transition area. ing transition area is amended to read: 232° bearing from Whiteside County Airport, The public use instrument approach Cloquet, Min n . extending from the 7-mile radius area to 8 procedure for Marshalltown, Iowa, Mu­ miles southwest of the airport, excluding the nicipal Airport has been altered by mov­ That airspace extending upward from 700 portion which overlies the Dixon, 111., transi­ feet above the surface within a 5-mile radius tio n area. ing the approach radial by 6°. Therefore, it is necessary to alter the Marshalltown of Cloquet Carlton County Airport (latitude [P.R. Doc.. 69-2756; Piled, Mar. 6, 1969; 46°42'05" N:, longitude 92°30'20'' D.); and 8 :4 7 a .m .] transition area to reflect this radial within 2 miles each side of the Duluth, Minn., change and action is taken herein to VOR 244° radial, extending from the 5-mile reflect this change. This alteration does radius area southwest to 22 miles southwest [Airspace Docket No. 69-CE-8] not involve the designation of any ad­ o f t h e VOR. ditional airspace. pa rt 71 — DESIGNATION OF FEDERAL (Sec. 307(a), Federal Aviation Act of 1958; Since this change is minor in nature 49 U.S.C. 1348; sec. 6(c), Department of AIRWAYS, CONTROLLED AIRSPACE, and imposes no additional burden on any Transportation Act; 49 U.S.C. 1655(c)) AND REPORTING POINTS person, notice and public procedure Issued at Kansas City, Mo., on Feb­ Alteration of Transition Area hereon are unnecessary and the change ruary 19,1969. may be accomplished by final rule action. D a n ie l E . B a r r o w , The purpose of this amendment to In consideration of the foregoing, Part Acting Director, Central Region. Part 71 of the Federal Aviation Regula­ 71 of the Federal Aviation Regulations tions is to alter the Sheboygan, Wis., is amended, effective 0901 G.m.t., May 1, [F.R. Doc. 69-2759; Filed, Mar. 6, 1969; transition area. 1969, as hereinafter set forth; 8 :4 7 a.m .] The public use instrument approach In § 71.181 (34 F.R. 4637), the follow­ procedure for Sheboygan, Wis., Memorial ing transition area is amended to read: [Airspace Docket No. 69-SO-3] Airport has been altered by moving the approach bearing by 5°. In addition, a Marshalltown, I owa PART 71— DESIGNATION OF FEDERAL new special use instrument approach That airspace extending upward from 700 AIRWAYS, CONTROLLED AIRSPACE, procedure has been developed for this feet above the surface within a 6-mile radius AND REPORTING POINTS airport using the same approach and of Marshalltown Municipal Airport (latitude missed approach bearings as the altered 42°06'45'' N., longitude 92°54'50'' W.); and Alteration of Transition Area within 2 miles each side of the 321° bearing public use instrument approach proce­ from Marshalltown Municipal Airport, ex­ On January 23, 1969, a notice of pro­ dure. Therefore, it is necessary to altfer tending from the 6-mile radius area to 8 posed rule making was published in the the Sheboygan transition area to reflect miles northwest of the airport; and that air­ F ed e r a l R e g is t e r (34 F.R. 1053), stating this change and action is taken herein to space extending upward from 1,200 feet above that the Federal Aviation Administra­ reflect this change. This alteration does the surface within 5 miles northeast and 8 tion was considering an amendment to not involve the designation of any ad­ miles southwest of the 321° bearing from Part 71 of the Federal Aviation Regula­ ditional airspace. Marshalltown Municipal Airport, extending from the airport to 12 miles northwest of the tions that would alter the Ocala, Fla., Since this change is minor in nature airport, excluding the airspace within the transition area. and imposes no additional burden on any Waterloo, Iowa, transition area. Interested persons were afforded an person, notice and public procedure (Sec. 307(a), Federal Aviation Act of 1958; opportunity to participate in the rule hereon are unnecessary and the change 49 U.S.C. 1348; sec. 6(c), Department of making through the submission of com­ may be accomplished by final rule action. Transportation Act; 49 UJS.C. 1655(c)) ments. All comments received were In consideration of the foregoing, Part favorable. 71 of the Federal Aviation Regulations Issued at Kansas City, Mo., on Feb­ ruary 19,1969. Subsequent to publication of the no­ is amended, effective 0901 G.m.t., May 1, tice, it was noted that the word “area” 1969, as hereinafter set forth: D a n i e l E . B a r r o w , Acting Director, Central Region. was omitted from the description of the In § 71.181 (34 F.R. 4637), the follow­ extension predicated on the Ocala ing transition area is amended to read: [FJt. Doc. 69-2758; Filed, Mar. 6, 1969; VORTAC 171° radial. It is therefore nec­ 8 :4 7 a.m .] S heboygan, Wis . essary to alter the description herein by inserting the word “area.” That airspace extending upward from 700 feet above the surface within a 5-mile radius [Airspace Docket No. 69-CE-10] Since this amendment is editorial in nature, notice and public procedure of Sheboygan County Memorial Airport (lati­ PART 71— DESIGNATION OF FEDERAL tude 43°46'05" N., longitude 87°51'05" W.); hereon are unnecessary and action is and within 5 miles southeast and 8 miles AIRWAYS, CONTROLLED AIRSPACE, taken herein to alter the description northwest of the 026° bearing from Sheboy­ AND REPORTING POINTS gan County Memorial Airport, extending accordingly. from the airport to 12 miles northeast of the Alteration of Transition Area In consideration of the foregoing, Part a irp o rt. The purpose of this amendment to 71 of the Federal Aviation Regulations (Sec. 307(a), Federal Aviation Act of 1958; Part 71 of the Federal Aviation Regula­ is amended, effective 0901 G.m.t., May 1, 49 U.S.C. 1348; Sec. 6(c), Department of Transportation Act; 49 U6.C. 1655(c)) tions is to alter the Cloquet, Minn., tran­ 1969, as hereinafter set forth. sition area. In § 71.181 (34 F.R. 4637), the Ocala, Issued at Kansas City, Mo., on Feb­ The Carlton County Airport, Cloquet, Fla., transition area is amended to read: ruary 18, 1969. Minn., has been renamed Cloquet Carl­ Ocala, Fla. D a n ie l E . B a r r o w , ton County Airport. Therefore, it is nec­ Acting Director, Central Region. essary to alter the Cloquet transition That airspace extending upward from 700 feet above the surface within a 9-mile radius [F.R. Doc. 69-2757; Filed, Mar. 6, 1969; area which presently refers to the airport 8 :4 7 a.m .] as Carlton County Airport to reflect the of Ocala Municipal (Jim Taylor) Airport airport change of name. Action is taken (lat. 29°10'18'' N. long. 82<>13'26" W .); with­ herein to reflect this change. in 2 miles each side of the Ocala VORTAC [Airspace Docket No. 69-CE-7] 1710 radial, extending from the 9-mile radius Since this change is minor in nature area to 9 miles south of the VORTAC; and PART 71— désignation o f f ed er a l and imposes no additional burden on any that airspace extending upward from 1,200 AIRWAYS, CONTROLLED AIRSPACE, person, notice and public procedure here­ feet above the surface bounded on the north on are unnecessary. by the Ocala 700-foot transition area, on AND REPORTING POINTS the northeast by the northeast boundary of Alteration of Transition Area In consideration of the foregoing, Part V-159, on the south by a 15-mile radius arc 71 of the Federal Aviation Regulations is centered on Ocala VORTAC, and on the The purpose of this amendment to amended effective immediately as here­ northwest by the northwest boundary of V- Part 71 of the Federal Aviation Regula- inafter set forth; 441.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4943

(Sec. 307(a), Federal Aviation Act of 1958; or objections regarding the proposed quired weather reporting service for the 49 U.S.C. 1348(a); sec. 6(c), Department of amendments. newly proposed control zone. As a re­ Transportation Act; 49 U.S.C. 1655(c)) No objections have been received and sult, the new control zone cannot be des­ Issued in East Point, Ga., on Febru­ the proposed amendments are hereby ignated and must be deleted from the ary 26,1969. adopted without change and are set forth final rule. This deletion will require H e n r y S. C h a n d l e r , below. changes in the proposed Glenview, 111., Acting Director, Southern Region. These amendments shall be effective and Chicago, 111. (O’Hare International 0901 G.m.t., May 1, 1969. Airport), control zone redesignations. [F.R. Doc. 69-2760; Filed, Mar. 6, 1969; However, these changes will require less 8 :4 7 a.m .] (Sec. 307(a), Federal Aviation Act of 1958; airspace than originally proposed. 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act; 49 U.S.C. 1655(c)) Since these changes will either delete [Airspace Docket No. 69-SO-5] or reduce the proposed control zone des­ Issued in Kansas City, Mo., on Febru­ ignation and redesignations, they are re- PART 71— DESIGNATION OF FEDERAL ary 18, 1969. AIRWAYS, CONTROLLED AIRSPACE, laxatory in nature, will impose no addi­ D a n ie l E. B a r r o w , tional burden on any person and notice AND REPORTING POINTS Acting Director, Central Region. and public procedure hereon are Alteration of Transition Area (1) In §71.171 (34 F.R. 4557), the unnecessary. following control zone is added: In consideration of the foregoing, Part On January 24, 1969, a notice of pro­ Manistee, Mic h . 71 of the Federal Aviation Regulations is posed rule making was published in the amended effective May 1,1969, as herein­ F ederal R e g is t e r (34 F.R. 1171), stating Within a 5-mile radius of Manistee- that the Federal Aviation Administration Blacker Airport (latitude 44816'25" N., after set forth: was considering an amendment to Part longitude 86°15'00" W.); within 2 miles In § 71.171 (34 F.R. 4557), the follow­ 71 of the Federal Aviation Regulations each side of the Manistee VOR 274° radial, ing control zones are amended to read: extending from the 5-mile radius zone to 13 that would alter the Elizabeth City, N.C., miles east of the VOR. This control zone is Chicago, III. (O’Hare I nternational transition area. each side of the Manistee VOR 099° radial, Airport) Interested persons were afforded an extending from the 5-mile radius zone to 8 W ithin a 5-mile radius of O’Hare Interna­ opportunity to participate in the rule miles east of the VOR. This control zone is tional Airport (latitude 41°59T0" N„ longi­ making through the submission of com­ effective during the specific dates and times tude 87o54'30” W .); within 2 miles each side ments. All comments received were established in advance by a Notice to Air­ of the O’Hare International Airport runway favorable. men. The effective date and time will there­ 14R and 14L ILS localizer courses, extending after be continuously published in the Air­ from the 5-mile radius zone to 7 miles north­ In consideration of the foregoing, Part man’s Information Manual. 71 of the Federal Aviation Regulations west of the airport; and within 2 miles each is amended, effective 0901 G.m.t., May 1, (2) In § 71.181 (34 F.R. 4637), the fol­ side of the O’Hare International Airport lowing transition area is amended to runway 32R and 32L ILS localizer courses, 1969, as hereinafter set forth. extending from the 5-mile radius zone to 7 In § 71.181 (34 F.R. 4637), the Eliza­ read: miles southeast of the airport. Manistee, Mic h . beth City, N.C., transition area is Glenview, III. amended to read: That airspace extending upward from 700 feet above the surface within a 9-mile radius Within a 5-mile radius of NAS Glenview Elizabeth City, N.C. of Manistee-Blacker Airport (latitude (latitude 42°05'30'' N., longitude 87°49'20" That airspace extending upward from 700 44°16'25" N., longitude 86°15'00" W.); W .); within 2 miles each side of the North­ feet above the surface within an 8-mile within 5 miles north and 8 miles south of brook, 111., VOR 131° and 163° radials, extend­ radius of CGAS Elizabeth City (lat. 36°15'35" the Manistee VOR 274° radial, extending ing from the 5-mile radius zone to 1 mile N., long. 76°10'20" W.); within 2 miles each from 9-mile radius area to 16 miles west of south and southeast of the VOR; within 2 side of the 127° bearing from Weeksville the VOR; and within 5 miles south and 8 miles each side of the Northbrook VOR 071° RBN, extending from the 8-mile radius area miles north of the Manistee VOR 099° radial, radial, extending from 1 mile east to 6 to 8 miles southeast of the RBN; within 8 extending from the 9-mile radius area to 12 miles east of the VOR; within 2 miles each miles east and 5 miles west of Elizabeth City miles east of the VOR. side of the Northbrook VOR 070° radial, ex­ tending from 6 to 11 miles east of the VOR; VOR 195° radial, extending from the 8-mile [F.R. Dbc. 69-2762; Filed, Mar. 6, 1969; radius area to 12 miles south of the VOR, 8 :4 7 a.m .] within 2 miles each side of the 062° bearing excluding the portion within R-5301B. from the Haley AAF, Fort Sheridan, Til., RBN, extending from the RBN to 7 miles (Sec. 307(a), Federal Aviation Act of 1958; northeast of the RBN; within 2 miles each [Airspace Docket No. 68-CE—89] 49 U.S.C. 1348(a); sec. 6(c), Department of side of the 002° bearing from NAS Glenview Transportation Act; 49 U.S.C. 1655(c)) PART 71— designation o f fed er a l RBN, extending from the 5-mile radius zone Issued in East Point, Ga., on Febru­ AIRWAYS, CONTROLLED AIRSPACE, to 12 miles north of the RBN; and within 2 ary 26, 1969. miles each side of the NAS Glenview TACAN AND REPORTING POINTS 005° radial, extending from the 5-mile radius H e n r y S. C h a n d l e r , zone to 8 miles north of the TACAN, exclud­ Acting Director, Southern Region. Designation and Alteration of ing the area that overlies the Chicago, 111. [F.R. Doc. 69-2761; Filed, March 6, 1969; Control Zones (O’Hare International Airport) control zone. 8 :4 7 a .m .] On December 19, 1968, a notice of pro­ (Sec. 307(a), Federal Aviation Act of 1958; posed rule making was published in the 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act; 49 U.S.C. 1655(c)) [Airspace Docket No. 68-CE-119] F ed e r a l R e g is t e r (33 F.R. 18939, 18940) PART 71— DESIGNATION OF FEDERAL stating that the Federal Aviation Admin­ Issued at Kansas City, Mo., on Febru­ istration proposed to designate a control ary 19, 1969. AIRWAYS, CONTROLLED AIRSPACE, zone at Chicago, 111. (Pal-Waukee Air­ D a n ie l E. B a r r o w , AND REPORTING POINTS port), and to alter the control zones at Acting Director, Central Region. Designation of Control Zone and Chicago, 111 (O’Hare International Air­ [F.R. Doc. 69-2763; Filed, Mar. 6, 1969; Alteration of Transition Area port) , and Glenview, 111. 8 :4 8 a .m .] Interested persons were afforded an On page 1402 of the F ed e r a l R e g is t e r opportunity to participate in the rule dated January 29,1969, the Federal Avia­ making through the submission of writ­ [Airspace Docket No. 68-CE-107] tion Administration published a notice of Proposed rule making which would ten comments. The one comment re­ pa rt 71— DESIGNATION OF FEDERAL amend §§ 71.171 and 71.181 of Part 71 ceived offered no objection to the AIRWAYS, CONTROLLED AIRSPACE, of the Federal Aviation Regulations so as proposal. AND REPORTING POINTS to designate a control zone and alter the Subsequent to the issuance of the pro­ transition area at Manistee, Mich. posal, the Federal Aviation Administra­ Designation of Transition Area Interested persons were given 45 days tion learned that the Pal-Waukee control On pages 18940 and 18941 o f t h e F e d ­ to submit written comments, suggestions, tower will be unable to provide the re- er a l R e g is t e r dated December 19, 1968,

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4944 RULES AND REGULATIONS the Federal Aviation Administration of Macomb Municipal Airport (latitude 40* tration does not feel there is any reason published a notice of proposed rule mak­ 31'10" N., longitude 90°39'15" W.); and for honoring the Authority’s objection. ing which would amend § 71.181 of Part within 2 miles each side of the 085° bearing from Macomb Municipal Airport, extending Accordingly, the proposed amendment 71 of the Federal Aviation Regulations from the 5-mile radius area to 8 miles east is hereby adopted without change and is so as to designate a transition area at of the airport; and that airspace extending set forth below. Monroe, Mich. upward from 1,200 feet above the surface This amendment shall be effective 0901 Interested persons were given 45 days within 5 miles north and 8 miles south of G.m.t., May 1, 1969. the 085° bearing from Macomb Municipal to submit written comments, sugges­ (Sec. 307(a), Federal Aviation Act of 1958; Airport, extending from the airport to 12 tions, or objections regarding the pro­ 49 U.S.C. 1348; sec. 6(c), Department of miles east of the airport, excluding the por­ posed amendment. Transportation Act; 49 U.S.C. 1655(c)) No objections have been received and tion which overlies the Burlington, Iowa, the proposed amendment is hereby transition area. Issued in Kansas City, Mo., on Feb­ adopted without change and is set forth [F.R. Doc. 69-2765; Filed, Mar. 6, 1969; ruary 19, 1969. below. 8 :4 8 a.m .] D a n ie l E . B a r r o w , This amendment shall be effective Acting Director, Central Region. 0901 G.m.t., May 1,1969. In § 71.181 (34 F.R. 4637), the follow­ (Sec. 307(a), Federal Aviation Act of 1958; [Airspace Docket No. 68-CE-108] ing transition area is added: 49 U.S.C. 1348; sec. 6(c), Department of McCordsville, I nd. Transportation Act; 49 U.S.C. 1655(c)) pa r t 71— designation o f fed er a l AIRWAYS, CONTROLLED AIRSPACE, That airspace extending upward from 700 Issued in Kansas City, Mo., on Febru­ AND REPORTING POINTS feet above the surface within a 5-m ile radius ary 14,1969. of Indianapolis Brookside Airport (latitude E d w a r d C. M a r s h , Designation of Transition Area 39°54'20" N., longitude 85°55'30" W .); and Director, Central Region. within 2 miles each side of the Shelbyville, Ind., VOR 342° radial, extending from the On page 18941 of the F e d e r a l R e g is t e r In § 71.181 (34 F.R. 4637), the follow­ 5-mile radius area to 12 miles north of the dated December 19, 1968, the Federal VOR. ing transition areals added: Aviation Administration published a [F .R . D oc. 69-2766; F iled , M ar. 6, 1969; Monroe, Mic h . notice of proposed rule making which would amend § 71.181 of Part 71 of the 8 :4 8 a .m .] That airspace extending upward from 700 Federal Aviation Regulations so as to feet above the surface within a .5-m ile radius designate a transition area at McCords- [Airspace Docket No. 68-CE-114] of Custer Airport (latitude 41°56'10” N., ville, Ind. 83°26'15” W.); and within 2 miles each side PART 71— DESIGNATION OF FEDERAL of the Oarleton, Mich., VORTAC 171° radial, Interested persons were given 45 days AIRWAYS, CONTROLLED AIRSPACE, extending from the 5-mile radius area to the to submit written comments, suggestions, VORTAC excluding the portion which over- or objections regarding the proposed AND REPORTING POINTS lies the Detroit, Mich. 700-foot floor transi­ amendment. Two comments were re­ Designation of Transition Area tio n area. ceived. The Air Transport Association [F.R. Doc. 69-2764; Filed, Mar. 6, 1969; offered no objection to the proposal. On page 18942 of the F ed e r a l R egister 8 :4 8 a.m .] The Indianapolis, Ind., Airport Au­ dated December 19, 1968, the Federal thority objected to the proposal for the Aviation Administration published a reason that the city of Indianapolis is notice of proposed rule making which [Airspace Docket No. 68-CE-118] planning a new secondary airport at would amend § 71.181 of Part 71 of the Mount Comfort, Ind., which will be ap­ Federal Aviation Regulations so as to pa r t 71— designation o f f ed er a l proximately 4 miles south-southeast of designate a transition area at Rochester, AIRWAYS, CONTROLLED AIRSPACE, Brookside Airport, McCôrdsville, Ind., Ind. AND REPORTING POINTS and the instrument approach procedure Interested persons were given 45 days developed for Brookside Airport would to submit written comments, suggestions, Designation of Transition Area conflict with those procedures which will or objections regarding the proposed amendment. On page 1402 of the F e d e r a l R e g is t e r ultimately be planned for the new sec­ ondary airport at Mount Comfort. The No objections have been received and dated January 29, 1969, the Federal Avi­ the amendment as so proposed is hereby ation Administration published a notice 700-foot floor transition area proposed for McCôrdsville, Ind., would overlie the adopted, subject to the following change: of proposed rule making which would The Fulton County Airport longitude co­ amend § 71.181 of Part 71 of the Federal Mount Comfort Airport. As an alterna­ tive to the Agency’s proposal, the Au­ ordinate recited in the Rochester, Ind., Aviation Regulatioris so as to designate transition area (designation as “longi­ a transition area at Macomb, HI. thority suggests that it install a TVOR on the airport at Mount Comfort to serve tude 86°11'20" W.” is changed to read Interested persons were given 45 days Mount Comfort and Brookside Airports “longitude 86°11'55" W.” to submit written comments, suggestions, as an approach navigational aid. This amendment shall be effective 0901 or objections regarding the proposed G.m.t., May l, 1969. amendment. The Agency believes that regardless of No objections have been received and which navigational aid is used, instru­ (Sec. 307(a), Federal Aviation Act of 1958; ment approaches into Brookside Airport 49 U.S.C. 1348; sec. 6(c), Department of the proposed amendment is hereby Transportation Act; 49 U.S.C. 1655(c)) adopted without change and is set forth will conflict with instrument approaches below. into the Mount Comfort Airport and Issued in Kansas City, Mo., on Febru­ such conflict will require a procedural ary 24, 1969. This amendment shall be effective 0901 résolution. Controlled airspace for an in­ G.m.t., May 1,1969. D a n ie l E . B a r r o w , strument approach procedure into Mount Acting Director, Central Region. (Sec. 307(a), Federal Aviation Act of 1958; Comfort can be combined with the Mc- 49 U.S.C. 1348; sec. 6(c), Department of Cordsville controlled airspace at the time In § 71.181 (34 F.R. 4637), the follow­ Transportation Act; 49 U.S.C. 1655(c)) it is required. There are many airports ing transition area is added: Issued in Kansas City, Mo., on Febru­ underlying transition areas for other air­ Rochester, Ind. ports with no adverse effects. When a ary 18,1969. That airspace extending upward from 700 D a n ie l E . B a r r o w , VOR is established at Mount Comfort feet above the surface within a 5-mile radius Acting Director, Central Region. Airport it may be advantageous to estab­ of Fulton County Airport (latitude 41°03'55'' In § 71.181 (34 F.R. 4637), the follow­ lish the approach to the Brookside Air­ N., longitude 86°11'55" W.); and within 2 ing transition area is added: port using this facility rather than the miles each side of the 096° bearing from Shelbyville VOR. Such a determination Fulton County Airport, extending from the Macomb, III. would have to be made after the Mount airport to 8 miles east of the airport. That airspace extending upward from 700 Comfort VOR is commissioned. Conse­ [F .R . D oc. 69-2767; F iled , M ar. 6, 1969! feet above the surface within a 5-mile radius quently, the Federal Aviation Adminis­ 8 :4 8 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4945

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Beg. Docket No. 9438; Amdt. 639] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS 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. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

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

ACT VOR...... _____ AC LOM...... Direct______1800 T-dn...... 300-1 300-1 200-K Brandon Int...... _____ N crs ILS______...... Via ACT VOR, 1900 C-dn...... 400-1 500-1 500-1}^ R 028°. S-dn-18...... 300-1 300-1 300-1 N crs ILS and ACT VO R, R 028°...... _____ AC LOM (final)______...... Direct...... 1800 A-dn...... 600-2 600-2 600-2 Bostic Int...... S crs ILS...... Via ACT VOR, 2000 R 164°. S crs ILS and ACT VO R, R 164°...... ______AC LOM...... ______Direct...... 2000

Procedure turn W side of N crs, 005° Outbnd, 185° Inbnd, 1800' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1800'. Altitude of glide slope and distance to approach end of runway at OM, 1766'—4.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2700' on S crs of ILS (185°) within 20 miles, or when directed by ATC, (1) turn right and climb to 2000', proceeding to ACT VO R, or (2) turn left, climb to 2000' and intercept R 136° of ACT VO R within 20 miles. Caution: 1749' tower 12 m iles S of airport. MSA within 25 miles of LOM: 090°-270°—2800'; 270°-090°—2100'. City, Waco; State, Tex.; Airport name, Municipal; Elev., 515'; Fac. Class., ILS; Ident., I-ACT; Procedure No. ILS Runway 18, Amdt. 2; Eff. date, 27 Mar. 69' Sup. Arndt* No. 1; Dated, 14 Oct. 67 2. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation: ■Distances are m nautical miles unless otherwise indicated, except.visibilities which are in statute miles or hundreds of feet RVR. 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, uni^s an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond wnn those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From- To— Via altitudes MAP: 5.5 miles after passing A N D (feet) VORTAC.

$ w £ £ 5 ^ORTAC (CW)...... R 219° AN D VORTAC...... 7-mile DME Are...... 2300 Climbing left turn to 2300' direct to AND f j X y o B T A c (CCW)...... R 219° AND VORTAC...... 7-mile DME Are...... 2300 VORTAC and hold. <-mue DME Are...... AND VORTAC (NOPT)...... AND R 219° 2300 Supplementary charting information: Hold SW, 1 minute, right turn, 039° Inbnd. Final approach crs intercepts centerline at threshold. TDZ elevation, 757'.

? * w dure turn E side of crs, 219° Outbnd, 039° Inbnd, 2300' within 10 miles of A ND VO RTAC. iv. ., AND VORTAC. Final approach crs, 039°. Distance FAF to MAP, 5.5 miles. Minimum altitude over A ND VORTAC, 2300'. MSA: 090°-270°—2000'; 270°-090°—2600'. Day and Night Minimums

A B C D Cond. MDA VISHAT MDAVISHAT MDA VIS HAT VIS 8-5.. 1 303 1060 1 303 1060 1 303 NA MDA VISHAA MDA VIS HAA MDA VIS HAA C.. 1 398 1240 1 458 1240 H i 458 • NA A.. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Anderson; State, S.C.; Airport name, Anderson County; Elev., 782'; Facility, AND; Procedure No. VOR Runway 5, Amdt. 4; Eff. date, 27 Mar. 69; Sup. Amdt. No. VOR 1, Amdt. 3; Dated, 29 Sept. 62

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4946 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CRE VORTAC. (feet)

R 300°, CRE VORTAC (CCW)...... R 223°, CRE VORTAC...... 7-mile DME Arc...... _____ 1600 Climb to 1600' on R 057° of CRE VORTAC ...... Paul Int or 4-mile DME Fix (N O PT). CRE, R 223°...... 640 within 15 miles. Supplementary charting information: Final approach crs intercepts runway centerline extended 2600' from threshold. Last 994' of Runway 5 unlighted. TDZ elevation, 33'.

Procedure turn W side of crs, 223° Outhnd, 043° Inbnd, 1600' within 10 miles of CRE VORTAC. Final approach crs, 043°. Minimum altitude over Paul Int or 4-mile DME Fix, 640'. MSA: 000°-180°—1200'; 180°-360°—1600'. N otes: (1) Radar vectoring. (2) When control zone not effective use Myrtle Beach A FB altimeter setting, and straight-in/circling MDA increased 40'. •Alternate minimums not authorized when control zone not effective. Day and Night Minimums

A B C D MDA VIS HAT - MDA VIS HAT MDA VIS HATVIS

S-5...... 640 1 607 640 1 607 640 1 607 NA MDA VIS HAAMDA VIS HAAMDA VIS HAA C ...... 640 1 607 640 1 607 640 607 NA VOR/DM E/NDB Minimums: MDA VIS HAT MDAVIS HAT MDA VIS HAT E -5...... 420 1 387 420 1 387 420 1 387 N A MDA VIS . HAAMDA VIS HAAMDA VIS HAA C...... 480 1 447 500 1 467 500 467 NA A ...... Standard.* T 2-eng. or less—Standard. T over 2-eng.,—Standard.

City, North Myrtle Beach; State, 8.C.; Airport name, Myrtle Beach; Elev., 33'; Facility, CRE; Procedure No. VOR Runway 5, Arndt. 2; Eft. date, 27 Mar. 69; Sup. Arndt. No. VOR 2, Arndt. 1; Dated, 22 Oct. 66

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CRE VORTAC. (feet)

R 367°. CRE VORTAC (CW )....l...... R 057°, CRE VORTAC...... 7-mile DME Are. 1600 C lim b to 1600'o n R 2 2 3 °o fC R E VORTAC 7-mile DME A re...... CRE VORTAC (NOPT)...... CRE, R 057° 420 within 15 miles. .. Supplementary charting information: Final approach crs intercepts runway centerline extended 2000' from threshold. First 994' of Runway 23 unlighted. TDZ elevation, 33'.

Procedure turn N side of crs, 057° Outbnd, 237° Inbnd, 1600' within 10 miles of CRE VORTAC. Final approach crs, 237°. MSA: 000°-180°—1200'; 180°-360°—1600'. N otes: (1) Radar vectoring. (2) When control zone not effective use Myrtle Beach AFB altimeter setting, and straight-in/circling MDA increased 40'. •Alternate minimums not authorized when control zone not effective. Day and Night Minimums

Cond. MDAVISHATMDAVISHATMDAVIS HAT VIS

B-23...... 420 1 387 420 1 387 420 1 387 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C-...... 480 1 447 500 1 467 600 1J3 467 NA A...... - ...... Standards* T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, North Myrtle Beach; State, S.C.; Airport name, Myrtle Beach; Elev., 33'; Facility, CRE; Procedure No. VOR Runway 23, Arndt. 2; Eff. date, 27 Mar. 69; Sup. Arndt. No. VOR 1, Arndt. 1; Dated, 22 Oct. 66

FEDERAL REGISTER, V O L 34, NO. 45— FRIDAY, MARCH 7 , 1969 RULES AND REGULATIONS 4947 3. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA; Ceilings are in feet above airport elevation.' Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. Ii an instrument approach procedure of the above t roe 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. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CLT VORTAC. (feet)

FML VORTAC...... - ...... CLT VORTAC...... _____ Direct______...... 2300 Climb to 2300' on CLT VORTAC, R 185° Bradley Int______...... CLT VO RTAC...... Direct...... CLT VORTAC...... Direct .. Bethany Int______...... CLT VO RTAC...... Direct______—______2300 right tum to York Int via CLT Waco Int...... ------...... CLT VO RTAC...... Direct...... 2900 VORTAC, R 229°. Stanley I n t...... — ------...... CLT VORTAC...... Direct...... 2900 Supplementary charting information: Final approach crs intercepts runway centerline 4100' from threshold. REIL Runway 36. TDZ elevation, 747';

Procedure turn W side of crs, 005° Outbnd, 185° Inbnd, 2300' within 10 miles of CLT VORTAC. Final approach crs, 185°; Minimum altitude over Railroad 5-mile DME Fix, 1640'. MSA: 000°-090°—3000'; 090°-180°—3000'; 180o-270°—2800'; 270o-360°—2900'. N o tes: (1) ASR. (2) Inoperative component table does not apply to HIRL Runway 18. •Standard alternate minimums for VOR/DM E/RADAR. For VOR only aircraft all categories 900-2.

D ay and N ig h t Minim um s

A B C D Cond. MDA VISHAT MDA VIS HAT MDA VIS HAT MDAVIS HAT

8-18___ ...... 1640 VK 893 1640 IK 893 1640 IK 893 1640 2 893 MDA VIS HAAMDA VIS HAA MDA VIS HAA MDA VIS HAA C...... IK 892 1640 iK 892 1640 1K 892 1640 2 892 VOR/DM E/RADAR Minimums:

MDA VISHAT MDA VIS HAT MDAVIS HAT MDA VIS HAT S-18 1 553 1300 i 553 1300 1 553 1300 IK 553 MDA VIS HAAMDA VIS HAA MDA VIS HAA MDAVIS HAA C... 1 552 1300 1 552 1300 iK 552 1300 2 652 A...... T 2-eng. or less—RVR 24', Runway 5; Standard^all other T over 2-eng.—RVR 24', Runway 5; Standard all other runways. runways.

City, Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, CLT; Procedure No. VOR Runway 18, Arndt. 5; Efi. date, 27 Mar. 69- Sud Arndt No 4- Dated, 30 Jan. 69 ' ’

Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: 10.2 miles after passing H K Y VOR; (feet)

Climb to 4000', right turn, to HKY VOR via R 225° and hold. Supplementary charting information: Hold NE, 1 minute, right turns, 240° Inbnd. REIL, Runway 24.TDZ elevation, 1176';

S slde of crs, 0600 Outbnd, 240° Inbnd, 3500' within 10 miles of HKY VOR; M in i,- H , y o R - Final approach crs, 225°. Distance FAF TO MAP, 10.2 miles. M?A™™oa$ i ude over HKY VOR, 3000'; over Taylorsville FM. 2400'. »Stfn'ri?) " ° 9 ° *700'; 090°-180°—3600'; 180°-270°—5000'; 270°-3606—8000'. naara minimums for VOR/FM equipped aircraft. For VOR only aircraft, Catetorles A and B, 1300-2, Category C, 1300-2H. D ay an d N ig h t M in im u m s

A B Cond. C D ------______MDA VISHAT MDA VISHAT MDA VIS HAT VIS S-24. IK 1224 2400 2 1224 2400 2K 1224 NA MDA C. VIS HAA MDA VIS HAA MDA VIS HAA IK 1224 2400 2 1224 2400 2K 1224 NA VOR/FM: MDA VIS S-24. HAT MDA VIS HAT MDA VISHAT 1 384 1560 1 384 1560 1 384 NA C. MDÁ VIS HAA MDA VIS HAAMDA VIS HAA A. 1 464 1640 1 464 1640 IK 464 NA T 2-eng. or less—Standard; T over 2-eng.—Standard: ty- Hickory; state, N.C.: Airport name, Hickory Municipal; Elev., 1176'; Facility HKY; Procedure No. VOR Runway 24, Arndt. 9; Eft. date, 27 Mar. 60; gup. Arndt; No. 8; Dated, 23 Jan. 69

No. 45- FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7 , 1969 4 9 4 8 R U L E S A N D REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitude MAP: GPT VORTAC. (feet)

R 242°, GPT VORTAC CCW...... R 208°, GPT VORTAC...... 7-mile DME Arc____...... 1800 Climb to 2500' via R 339° to Mouse Int and . Direct...... 1800 hold or, when directed by ATC.Jclimbing 7-mile DME Arc______...... 2-mile DME GPT, R 208° (N O P T ).... GPT, R 208°...... 660 left turn to 1600' direct to GPT V0B TAC and hold. Supplementary charting Information; Mouse holding; hold N ff, 159° Inbnd, 1 minute, right turns, OPT holding; hold NW, 140° Inbnd, 1 minute, right turns. TDZ elevation, 28'.

Procedure turn E side of crs, 208° Outbnd, 028° Inbnd, 1600' within 10 miles of GPT VORTAC. Final approach crs, 028°. Minimum altitude over 2-mile DME, GPT R 208°, 660'. MSA; 090°-270°—1500'; 270°-090°—2600'. •Night operations not authorised Runways 22/4. ©Alternate mfnimn-ms not authorized when control zone not effective except for operators with approved weather reporting service. #Use Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather reportmg service.

D ay and N ig h t Minim u m s

A B O D Cond. MDAVIS HATMDAVIS HAT MDAVIS HAT MDA VIS HAT

S-4*#...... 660 1 632 660 1 632 660 i k 632 660 IK 632 1 MDA VIS HAA MDAVIS HAA MDA VIS HAA MDAVIS HAA í c*#...... 680 1 652 680 1 652 680 IK 652 680 2 652 j VOR/DME Minimums: MDAVIS HATMDAVIS HATMDAVIS HAT MDAVIS HAT ; 672 ; S-4*#...... 600 1 572 600 1 572 600 1 572 600 IK A ...... T 2-eng. or less—Standard.* T over 2-eng.-—Standard.*

City, Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 4, Arndt. 2; Eft. date, 27 Mar. 69; Sup. Arndt. No. 1; Dated, 16 Jan. 69

Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: GPT VORTAC. (feet)

R242°, GPT VORTAC CW ...... R320°, GPT VORTAC (NOPT) 7-mile DME Arc...... 1800 Climbing right turn to 1600' via R 242° to R068°, GPT VORTAC CCW...... R320°, GPT VORTAC (NOPT). 7-mile DME A rc..______1800 Morris Int and hold or, when directed W A T C , climb to 1600'; proceed to Hawkeye Int via R 180° and hold. , Supplementary charting information' Morris holding; hold SW, 062° Jnbnjrl minute, right turns. Hawkeye holding hold S, 360“ Inbnd, 1 minute, right turns.- TDZ elevation, 24'.

Procedure turn W side of crs, 320° Outbnd, 140° Inbnd, 1600' within 10 miles of GPT VORTAC. Final approach crs, 140°. MSA: 090°-270°—1500'; 270°-090°—2600'. •Night operations not authorized Runways 22/4. ©Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service, g Use Mobile altimeter setting when control zone not effective and all MDA's increased 200' except for operators with approved weather reporting service.

D ay and N ig h t Minim u m s

A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

B-13»#...... 460 % 436 460 K 436 460 % 436 460 1 436 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C*jf...... 680 1 652 680 1 652 680 lJ i 652 680 2 682 A ...... -...... Standard.® T 2-eng. or less—Standard.* T over 2-eng.—Standard.*

City,Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 13, Arndt. 6; Eft. date, 27 Mar. 69; Sup. Amdt. No. I Dated, 16 Jan. 69

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4949

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: GPT VORTAC. (feet)

R 339°, GPT VORTAC CW...... R 045°, GPT VORTAC...... 7-mile DME Arc ______1800 Climb to 1600' via R 242° to Morris Int and R 058°, GPT VORTAC CCW...... R 045°, GPT V O R T A C ...... 7-mile DME Arc.__ ...... 1800 hold or, when directed by ATC, climb to 7-mile DME A rc...... 4-mile DME GPT, R 045° (NO PT)___ GPT, R 045°...... 680 1600' via R 180° to Hawkeye Int and hold. Supplementary charting information: Mor­ ris holding; hold SW, 062° Inbnd, 1 minute, right turns. Hawkeye holding; hold S, 360° Inbnd, 1 minute, right turns. TDZ elevation, 27'.

Procedure turn N side of crs, 045° Outbnd, 225° Inbnd, 1600' within 10 miles of GPT VO RTAC. Final approach crs, 225°. Minimum altitude over 4-mile DME GPT, R 045°, 680'. MSA: 090°-270°—1500'; 270°-090°—2600'. *Night operations not authorized Runways 22/4. ©Alternate minimum not authorized when control zone not effective except for operators with approved weather reporting service. . #Use Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather service.

Day and Night Minimums

A B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HATMDA VIS HAT

S-22*#...... 680 1 653 680 1 653 680 iX 653 680 IX 653 MDA VIS HAAMDA VIS HAA MDA VIS HAAMDA VIS HAA C*#...... 680 1 652 680 1 652 680 IX 652 680 2 652 VOR/DME Minimums:

MDA VIS HATMDA VIS HAT MDA VIS HAT MDA VIS HAT S-22*#...... 460 1 433 460 1 433 460 1 433 460 1 433 A...... T 2-eng. or less—Standard.* T over 2-eng.-—Standard.

City, Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 22, Arndt. 2; Eff. date, 27 Mar. 69; Sup. Arndt. No. 1; Dated, 16 Jan. 69

Terminal routes •» Missed approach Minimum From— To— Via altitudes MAP: GPT VORTAC. (feet)

R 058°, GPT VORTAC CW ...... R 124°, GPT VORTAC...... _ 7-mile DME Arc 1800 Climbing left turn to 1600' via R 242° to R2420, GPT VORTAC CCW . ____.... R 124°, GPT VORTAC______. 7-mile DME Arc 1800 Morris Int and hold or, when directed by 7-mile DME Arc.. ______4-mile DME GPT, R 124° (N O PT).. . GPT, R 124°...... 480 XX.ATC, A \S, U1AUclimb to 2500', R 339° to Mouse Int and hold. Supplementary charting information: Morris holding; hold SW, 062° Inbnd, 1 minute, right turns. Mouse holding; hold NW, 159° Inbnd, 1 minute, right turns. TDZ elevation, 25'.

Procedure turn N side of crs, 124° Outbnd, 304° Inbnd, 1600' within 10 miles of GPT VORTAC. f mal approach crs, 124°. Minimum altitude over 4-mile DME GPT, R 124°, 480'; MSA: 090°-270°—1500'; 270°-090°—2600'. Note: inoperative table does not apply to HIRL Runway 31. ah operations not authorized Runways 22/4. iTTci “ tatoums not authorized when control zone not effective except operators with approved weather reporting service. f se Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather reporting service.

Day and Night Minimums

A B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-31*#_ 1 455 480 1 455 480 1 455 480 1 455 MDA VIS HAA MDA VIS HAAMDA VIS HAA MDA VIS* HAA C *#... 1 652 680 1 652 680 IX 652 680 2 652

VOR/DME Minimums:

MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-31*# oyo 4ZU X 3d5 420 1 395 420 1 395 A... T over 2-eng.—Standard.*

ty’ Gulfport: State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No; VOR Runway 31, Arndt. 2; Eff. date, 27 Mar. 69; Sup. Arndt. No. 1; Dated, 16 Jan. 69

FEDERAL REGISTER, V O L 3 4 , N O. 45— FRIDA*, MARCH 7, 1969 4950 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum MAP: 6.9 miles after passing VIT NDB From— To— Via altitudes or at MM. (feet)

VTT NDB 4700 Make immediate left-climbing turn to Springwood Int______...... VIT N D B...... _____ - Direct__ ...... 4700 3890' return to VIT N D B and hold; or, VIT N D B . . 5100 when directed by ATC, make dimbing Blackwater Int______...... VIT NDB (NOPT)...... Direct___ ...... 3800 left turn to 4000' via the Woodrum VOR Moneta Int...... VIT N D B .l...... Direct__ ...... 3800 R 126° to Moneta Int and hold. .Goose Int______...... VIT N D B ...... D irect__ ...... 4000 Supplementary charting information: Hold ROAVORTAC...... VIT N D B ...... Direct___ ...... 4600 SÉ, 1 minute, right turns, 332° Inbnd. 2402' mountain, 37°20' N., 7§°54' W. TDZ elevation, 1165'.

Procedure turn E side of crs, 152° Outbnd, 332° Inbnd, 3800' within 10 miles of VIT N D B. FAF, VIT N D B. Final approach crs, 332 . Distance FAF to MAP, 6.9 miles. Minimum altitude over VIT N D B, 3800'; over OM, 2500'. MSA within 25 miles of VIT NDB: 000°-090°—5300'; ,090°-180°—3100'; 180°-270°—5000'; 270°-360°—5000'. N o tes: (1) ASR. (2) Components inoperative table does not apply to ALS or HIRL. C a u tio n : Mountains N of airport and 1986' tower abeam OM; 2402' mountain 3 miles E of airport. ** Circling approach to Runways 33, 5, 23, and 27 must be made S of the airport.

D ay a n d N ight Minim um s

A BC D Cond. MDA VISHATMDA VISHAT MDA VISHAT MDA VISHAT

S-33L ...... _____ 2500 2 1335 2500 2M 1335 2500 2X 1335 2500 2M 1335 MDA VIS HAA MDA VIS HAA MDA VIS HAAMDA VISHAA C...... 2500 2 1325 2500 2M 1325 2500 2M 1325 2500 2H 1325 OM Minimums: MDA VISHAT MDA VIS HAT MDA VIS HAT MDA VIS HAT ß-33...... 1880 2 715 1880 2 715 1880 2 715 1880 2 715 MDA VIS HAAMDA VIS HAAMDA VIS HAA MDA VIS HAA 0-33, 6, 23, 27**...... 1880 2 705 1880 2 705 1880 2 705 1880 2 705 C -9 ,15 ______2180 2 1005 2180 2 1005 2180 2 1005 2500 2M 1325 A ------...... 1500-3. T 2-eng. or less—Nonstandard.% T over 2-eng.-—Nonstandard.%

%Takeofl allTunways: Roanoke IFR departure procedures: Takeoff minimums for Moneta and Table departures Runways 5,9, 15,23,27-600-2; Runway 33 day only 800-2. Moneta departure: , . Runways 15and23 make left-climbing turn within2miles of airport to intercept the Woodrum VOR R 126° climbing to cross Moneta Int at 4000' or above, proceed as cleared. Runways 5 and 9 right turn, Runways 27 and 33 left turn, maintain visual contact within 2 -miles of airport until intercepting Woodrum VO R R 126° climbing to cross Moneta Int at 4000' or above, proceed as cleared. , Table departure: Runways 5,9,15, right turn, Runways 23,27,33, left turn, maintain visual contact within 2 miles of airport climbing to 1775' in order to depart the Wood- rum VOR climbing via the ODR R 205° to intercept the ROA R 181° at 4000' or above,.thence, via ROA R 181° to Table Int climbing to 5600' or above, proceed as cleared. Takeoff minimums for Parkway departure: Runways 6, 9,15, 23, 27—800-2; Runway 33—day only—800-2. Parkway departure: Runways 5, 9, 15, right turn, Runways 23, 27, 33, left turn, maintain visual contact within 2 miles of airport climbing to 1975' in order to depart tne Woodrum VOR via R 045° climbing to 5000' or above, proceed as cleared. City, Roanoke; State, Va.; Airport name, Roanoke Municipal; Elev., 1175'; Facility, ORD; Procedure No. VOR Runway 33, Arndt. 1; Eff. date, 27 Mar. 69; Sup. Arndt. No. Orig.; Dated, 11 Apr. 68 4. By amending § 97.25 of Subpart C to cancel localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Tulsa, Okla.—Tulsa International, LOC (BC) Runway 17L, Amdt. 2,19 Dec. 1968, canceled, effective 27 Mar. 1969. 5. By amending § 97.27 of Subpart C to amend nondirectional beacon

EEBERAL REGISTER, VOL 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4951

Standard I nstrument Approach P rocedure—Tip s NDB (A D P )

Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and BA: Ceilings are in feet above airport elevation: Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR: 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. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below:

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.4 miles after passing CAT N D B. (feet)

Budd Lake Int...... CAT N D B ...... Direct...... 3000 Right-climbing turn to 2000' direct to OAT Rocky H illlnt...... CAT N D B ...... D irect..,...... 2000 N D B and hold. Supplementary charting information: Hold NE, 1 minute, right turns, 249° Inbnd.

Procedure turn N side of crs, 069° Outbnd, 249° Inbnd, 2000' within 5 miles of CAT N D B . FAF, OAT N D B . Final approach crs, 249°. Distance FAF to MAP, 5.4 miles. Minimum altitude over CAT N D B , 1300'. MSA: 000°-090°—2900'; 090°-180°—2600'; 180°-270°—2000'; 270°-360°—2500'. Notes: (1) Radar vectoring. (2) Use Newark altimeter setting. #Runway lighting on prior request. Day and Night Minimums

A B O D MDA VIS HAA VIS VIS VIS

O#...... 1...... 860 1 580 NA NA NA A...... Not authorized. T 2-eng. or less—300-1 all runways. T over 2-eng.—Not authorized.

City, Basking Ridge; State, N J.; Airport name, Somerset Hills; Procedure No. N D B (A D F)-l, Arndt. 2; E£f. date, 27 Mar. 69; Sup. Arndt. No. 1; Dated, 19 Dec. i

Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: 5 miles after passing PSF N D B . (feet)

Chester VOR...... PSF N D B ...... Direct. 4000 Make right-climbing turn to 4000'. Return Stockbridge Int...... PSF N D B ...... ' Direct. 4000 to PSF NDB and hold. Hillsdale In t...... PSF N D B ...... Direct. 4000 Supplementary charting information ¡Hold Canaan Int...... PSF N D B ...... Direct. 4000 E, PSF NDB, 253° Inbnd, 1 minute, Griswoldville Int...... :...... PSF N D B ...... Direct. 4000 left turns. Final approach crs to center of airport. 1325' antenna, 1 mile N and 2126' terrain, 1.7 miles SW of airport.

Procédure turn S side of crs, 073° Outbnd, 253° Inbnd, 4000' within 10 miles of PSF N D B. FAF, PSF N D B. Final approach crs, 253°. Distance FAF to MAP, 5 miles. Minimum altitude over PSF N D B , 3000'. MSA: 000°-090°—4700'; 090°-180°—3600'; 180'-270°—3700'; 270°-360°—4700'. (1) Approach from a holding pattern not authorized. Procedure turn required. (2) Facility must be monitored aurally during approach. Circling MDA increased 120' and alternate minimums not authorized when altimeter setting not available from PSF Weather Bureau. Use Albany altimeter setting. , Day and Night Minimums

„ . A B C D Cond. ------MDA VIS HAA MDA VIS HAA MDA VIS T T A A y iS

...... 2300 114 1130 2300 1% 1130 2440 2M 1270 NA ...... — Categories A and B, T 2-eng. or less—1000-1. T over 2-eng.—1300-2. 1200-2; Category C, 1500-2H.

City, Pittsfield; State, Mass.; Airport name, Pittsfield Municipal; Elev., 1170'; Facility, PSF; Procedure No. N D B(A D F)-1, Arndt. 3; Eff. date, 27 Mar. 69; Sud Arndt N o 2- Dated, 26 Dec. 68 ' ’

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4952 RULES ANO REGULATIONS

Standàbd ÌNSTBtTMENT Approach P iiocedttbe—T ycte N D B (A D F )— Continued

Missed approach Terminal routes Minimum MAP: 6.9 miles after passing VIT .NDB or Via altitudes at MM. From— To— (feet)

___Direct______—— 4700 Make immediate left-dimbing turn to 3800* Parkway I n t...------VIT N D B ...... return to VIT N D B and hold; or, when VIT N D B ...... ___Direct______4700 ___ Direct______5lUU directed by ATC, make climbing left, Table Int------VIT N D B ...... turn to 4000' via the Woodrum VOB VIT NDB (NOPT). ___ Direct______3800 Blackwater Int______Direct______3800 R 126° to Moneta Int and hold. - VIT N D B ...... Supplementary charting information: Hold Moneta Int______VTT ND B ___ Direct______4000 Goose Int______Direct______4600 SE, 1 minute, right turns, 332° Inbnd; ROA VORTAC...... VIT N D B ...... 2402' mountain, 37®20' N ., 79°54' W. TDZ elevation, 1165'.

Procedure turn E side of crs, 152° Outbnd. 332° Inbnd, 3800' within 10 mihæof VIT NDB. FAF VIT N D B . Final approach crs, 332®. Distance FAF to MAP, 6.9 miles. Minimum altitude over VIT NDB, 3800'; over OM, 2500'. MSA: 000°-090°—5300'; 090°-180°—3100'; 180°-270 —5000'; 270 -360 —5000'. N otes: (1) ASR. (2) Components inoperative table does not apply to ALS. , . Caution: Mountains N of airport and 1986' tower abeam OM, 2402' mountain, 3 miles E of airport. D ay and N ight Minimums

D A B C > Cond. HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS

2JÍ 1335 2500 m 1335 2500 2M 1335 g 33 ...... 2500 2 1335 2500 VIS HAA MDA VIS HAA . MDA VIS HAA MDA VIS HAA MDA 1325 2500 2Ja 1325 c ::: -__ __...... 2500 2 1325 2500 2JÍ 1325 2500 OM Minimums: VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA 2 1015 2180 2JÍ 1015 g-33 ______...... 2180 2 1015 2180 2 1015 2180 VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA 2 1005 2500 2J* 1325 c ...... ____ 2180 2 1005 2180 2 1005 2180 —Nonstandard. % ...... 1500-3. T 2-eng. or less—Nonstandard. % T over 2-eng.- A ------j------j

l ^ k f l F R ^ p S e procedures: Takeoff mínimums for Moneta and Table departures Runways 5,9, 15,23,27-600-2; Runway 33, day only-800-2. Rmake left-climbing turn within 2 miles of airport to intercept the Woodrum VORR 126° climbing to cross Moneta Int at 4000' or above, proceed* CleaRunways 5 and 9 right turn. Runways 27 and 33, left turn, maintain visual contact within 2 miles of airport until intercepting Woodrum VORR 126° climbing 1«

Woodrum VO R via R 045° climbing to 5000' or above, proceed as cleared. City, Roanoke; State, Va.; Airport name, Roanoke Municipal; E!ev., J I9T^ ° ^ dure No’ N D B (ADF) R™ > y 3 3 ,A m d t.3 ; Eff. date, 27 Mar. 69; Sup. Arndt

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4953 6. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation.' Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. 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. Initial approach minimum altitudes shall corresDomi with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: ILS D H 1780'; LOC 6.9 miles after From— To— Via altitudes passing VIT N D B or at MM. (feet)

. VTT N D B . Make left-climbing turn to SSOO7 direct to Springwood Int______...... VIT N D B ...... VIT N D B and hold; or, when directed by Table Int______...... VIT N D B ...... ATC, climbing left turn to 4000' via the Blackwater Int______VIT N D B CNOPT1______Woodrum VOR R 126“ to Moneta Int Goose Int______t - - ______...... __VIT N D B ...... J...... 4000 and hold. Moneta Int...... VIT N D B ...... Supplementary charting Information: Hold ROA VORTAC...... VIT N D B ...... 4600 SE 1 minute, right turns, 332“ Inbnd. 2402' mountain, W 2 V N . 79“54' W. TDZ elevation, 1165'.

Procedure turn E side of crs, 152° Outbnd, 332° Inbnd, 3800' within 10 miles of VIT N D B. PAF, VIT N D B. Final approach crs, 332“. Distance FAF to MAP, 6.9 miles. Minimum altitude over VÎT N D B , 3800'. Minimum glide slope interception altitude, 3800'. Glide slope altitude at OM, 2644'; at MM, 1542'» Distance to runway threshold at OM, 4.1 miles; at MM, 1 mile. MSA within 25 miles of VIT N D B: 000°-090“—5300'; 090°-180*—3100'; 180“-270°—5000'; 270®-360°—5000'. Notes: (1) ASR. (2) Components inoperative table does not apply to ALS or H IRL. (3) ILS unusable from MM Inbnds Caution: Mountains N of airport and 1986' tower abeam OM; 2402' mountain, 3 miles E of airport. ¿Glide slope inoperative maintain 2500' until passing outer marker. “ Circling approach to Runways 33, 5,23, and 27 must be made S of the airport. Day and Night Minimums

A B C Cond. DH VIS HATDH VIS HATDH VIS HAT DH VIS HAT

S—33...... 2 ' 615 1780 2 615 1780 2 615 1780 2 615 LOCtf____ VIS HATMDA VIS HAT MDA VIS HAT MDA VIS HAT S-33...... 2 715 1880 2 715 1880 2 715 1880 2 715 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C-33, 5, 23, 27**... 2 705 1880 2 705 1880 2 705 1880 2 705 C-9,16...... 2 1005 2180 2 1005 2180 2 1005 2500 Wi 1325 A...... T 2-eng. or less—Nonstandard. % T over 2-eng.-—Nonstandard.%

%Takeofl all runways: Moneta departure1-4141110 procedures: Takeofi minlmnms for Moneta and Table departures Runways 5, 9,15, 23, 27-606-2; Runway 33, day only—800-2. cleared.nWayS 15 and make left'cUmblllg turn within 21111168 of airport to intercept the Woodrum VOR R 126“ climbing to cross Moneta Int at 4000' or above, proceed as Moneh^nt at 4000'dor above ^ o c e ^ M d e a r e d * 113 ^ ^ tUm' maIntain vlsual contact within 2 miles of airport until intercepting Woodrum VOR R 126“ climbing to cross rum VOR1rtiSbSf» i^11’ R’in^ay^ H i 33.1611 turn, maintain visual contact within 2 miles of airport climbing to 1775' in order to depart the Wood- T a k e o f f S m ? ,^ v R Rl 05 * lnt6£cePt the ROA R 181“ at 4000' or above, thence, via ROA R 181“ to Table Int climbinl to 5600' or above, proceed I s cleared. iaKeon mimmums for Parkway departure: Runways 5,9,16, 23, 27-800-2; Runway 33, day only—800-2 v , Woodrum V O if vU^R W “ chmMng to’siWO^or^above,’ j^oceed as ^ leit tUrn’ maintaln M M c t within 2 mlles of airPort cUmbil* to 1975' 111 order *> depart the

City, Roanoke; State, Va.; Airport name, Roanoke Municipal; Elev., 1175'; Facility, I-ROA; Procedure No. ILS Runway 33, Arndt. 2; Eff. date, 27 Mar. 69; Sud. Arndt No 1- Dated, 11 Apr. 68 ’

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4954 RULES AND REGULATIONS 7. By amending § 9 7.31 of Subpart C to amend precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrument Approach P rocedure—Type Uadar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSB, except HAT. HAA, and HA. Ceilings are in feet above airport elevation, Distances are in nautical miles unless otherwise indicated, except visibilities which are In statute miles or hundreds of fset RVR. 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 authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established foren route operation in the particular area or as set forth below. Positive identification must he established with the radar controller. From initial contact with radar to final author­ ized 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 author­ ized 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 flnal approach Is lest for more than S seconds doring a precision approach, or tor 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.

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

000* 360° 0-15 *2300 1. Descend aircraft after passing FAF. 000° 105° 15-30 3000 .. 2. Runway 18, FAF 6 miles from threshold. Mini­ 105° 260* 15-30 2300 .. mum altitude over 2-mile Radar Fix, 1300'. TDZ 260° 360° 15-30 3000 .. elevation, 747'. 3. Runway 23, FAF 6 miles from threshold. Mini-; mum altitude over 2-mile Radar Fix, 1300'. TDZ elevation, 748'. 4. Runway 36, FA F 6 miles from threshold. Mini­ mum altitude over 3-mile Radar F ix, 1380'. TDZ elevation, 726'. 6. Runway S, FAF 6 miles from threshold. Minimum altitude over 2-mile Radar Fix, 1160'. TDZ eleva­ tion, 7IT. N o t e s: MTI required for all surveillance approaches, REIL Runway 36. Inoperative component table does not apply to HIRL Runways 18 and 28.

All airways segments 0-35 miles published MEA or sector altitudes whichever Is lower. All bearings and distance are from radar site on Douglas Municipal Airport with sector azimuths progressing clockwise. •Radar control will provide 1000' vertical clearance within a 3-mile radius of the following towers: 1932', 10 rililes NE; 2049', 13 miles E; 1733', 16.5 miles W; 1866', 10 miles NW, Missed approach: Runway 18—Climb to 2300'’ direct to FML VORTAC, hold S, 1 minute, right turns, 006° Inbnd. Runway 23—Climb to 23007 direetto CLT LOM, hold SW, 1 minute, left turns, 050° Inbnd. Runway 36—Climb to 2600' on FML VORTAC R 007° to Mount Holly Int, hold N, 1 minute, left turns, 187° Inbnd. Runway 5—Left turn climb to 2600' on FML VORTAC R 007° to Mount Holly Int, hold N, lminute, left turns, 187° Inbnd. Day and Night Minimums

A BC D Cond. MDAVIS HATMDAVIS HATMDA VISHATMDAVIS HAT j

S-18...... 1160 1 413 * 1160 1 413 1160 1 413 1160 1 4» S-23...... 1160 1 412 1160 1 412 1160 1 412 1160 1 412 S-36...... 1060 X 334 1060 X 334 1060 X 334 1060 1 334 S-5____ ...... 1080 R V R 24 363 1080 RVR 24 363 1080 R VR 24 363 - 1080 RVR 50 363 MDA VIS HAA MDAVISHAAMDA VISHAAMDA VIS HAA C...... 1220 1 472 1220 1 472 1220 VA 472 1300 2 552 all other A______. _ _ . Standard. T 2-eng. or less—RVR 24', Runway 5; Standard all other T over 2-eng..—RVR 24', Runway 5; Standard runways. mnways.

City. Charlotte; State, N.C.; Airport name, Douglas Municipal; Elev., 748'; Facility, Charlotte Radar; Procedure No. Radar-1, Arndt. 8; Efi. date, 27 Mar. 69; Sup. Amfih No. 7; Dated, 30 Jan. 69

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7« 1969 RULES AND REGULATfONS 4955

Standard I nstrument Approach P rocedure—T ype R adar— Continued

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

240° 360° 5 4300 . N ote: Components inoperative table does not apply 360° 100° 10 3700 to ALS or H IRL. 100° 240° 5 3000 _ Caution: Mountains N of airport and 1986' tower 100° 175° 30 3700 . abeam OM; 2402' mountain, 3 miles E of airport. 175° 270° 30 5000 . Supplementary charting information: TDZ elevation 270° 100° 30 6000 . 1165'.

Radar control will provide 1500' vertical clearance within a 3-mile radius of 3928' peak, 14 miles SW and 3571' peak, 12 miles S. All bearings are from the radar site with sector azimuths progressing clockwise. Missed approach: At 1-mile Radar Fix, make a left-climbing turn to 3800' direct to VIT N D B . Hold SE, 1-minute right turns, 332° Inbnd; or, when directed by ATC, make climbing left turn to 4000' via the Woodrum VOR, R 126° to Moneta Int and hold. ‘Maintain 3700', to 7.9-mile Radar Fix (VIT N D B) minimum altitude over 4.1-mile Radar Fix (OM) FA F on final approach 2500'. Descend aircraft to MDA after FAF. ASR Runway 33, FAF 4.1 miles from threshold. “ Circling approach to Runways 33, 5,23, and 27 must be made S of the airport. Day and Night Minimums

A B C D vu u u . ------»? : « MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-33*...... 1880 2 715 1880 2 715 1880 2 715 1880 2 715 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C-33,5,23,27“ ...... 1880 2 705 1880 2 705 1880 2 705 1880 * 2 705 C-9,15...... J...... 2180 2 1005 2180 2 1005 2180 2 1005 2500 2% 1325 A...... !...... 1500-3. T 2-eng. or less—Nonstandard.% T over 2-eng.—Nonstandard.%

%TakeofE all runways. Roanoke IFR departure procedures: Takeoff minimums for Moneta and Table departures Runways 5, 9,15,23, 27—600-2; Runway 33, day only—800-2. Moneta departure: Runways 15 and 23, make left-climbing turn within 2 miles of airport to intercept the Woodrum VOR R 126° climbing to cross Moneta Int at 4000' or above, proceed as cleared. Runways 5 and 9, right turn, Runways 27 and 33, left turn, maintain visual contact within 2 miles of airport until intercepting Woodrum VOR R 126° climbing to cross Moneta Int at 4000' or above, proceed as cleared. Table departure: Runways 5, 9,15, right turn, Runways 23,27,33, left turn, maintain visual contact within 2 miles of airport climbing to 1775' in order to depart the Wood­ rum VOR climbing via the ODR R 205° to intercept the ROA R 181° at 4000' or above,Thence, via ROA R 181° to Table Int climbing to 5600' or above, proceed as cleared. Takeoff minimums for Parkway departure: Runways 5, 9,15, 23, 27—800-2; Runway 33, day only—800-2. Parkway departure: Runways 5, 9,15, right turn, Runways 23, 27, 33, left turn, maintain visual contact within 2 miles of airport climbing to 1975' in order to depart the Woodrum VOR via R 045° climbing to 5000' or above, proceed as cleared. City, Roanoke; State, Va.; Airport name, Roanoke Municipal; Elev., 1175'; Facility, Roanoke Radar; Procedure No. Radar-1, Arndt. 4; Efl. date, 27 Mar. 69; Sup. Arndt. No. 3; Dated, 11 Apr. 68 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on February 18,1969. R . S . S l i f f , Acting Director, Flight Standards Serviced [F.R. Doc. 69-2299; Filed, Mar. 6, 1969; 8:45 a.m.]

Chapter II— Civil Aeronautics Board Section 298.44(i) permits an insur­ CFR Part 298) effective March 7, 1969, ance company to exclude “any loss aris­ as follows: SUBCHAPTER A— ECONOMIC REGULATIONS ing from operation of an aircraft under 1. Amend § 298.44 (i) to read as fol­ [Reg. ER-564; Amdt. 13] command of a pilot not named in or lows : PART 298— CLASSIFICATION AND meeting the qualification, experience, and currency requirements provided in § 298.44 Authorized exclusions of liabil­ EXEMPTION OF AIR TAXI OPER­ the policy of insurance.” Thus, the ex­ ity. ATORS clusion as presently drafted applies to Unless other exclusions are individ­ Liability Insurance Requirements— operations by unqualified pilots, but ually approved by the Board, no policy Modification of Pilot Exclusion Pro­ would not apply in the case of an opera­ or certificate of insurance required by tion with an unqualified copilot or with­ this part shall contain any exclusion vision out any copilot even if one were re­ other than the following authorized ex­ Adopted by the Civil Aeronautics Board quired under the terms of the policy. clusions: at its office in Washington, D.C., on the Since the reason for permitting the ex­ * * * * * 3d day of March 1969. clusion of aircraft operated by an un­ (i) Any loss arising from operation of By ER-548 adopted November 29,1968, qualified pilot applies equally in the case an aircraft (1) without a copilot, if one effective March 7, 1969 (33 F.R. 18231), of unqualified copilots, we will adopt the is required under the policy of insurance tile Board is for the first time requiring substance of the requested change. or (2) by a pilot (or pilot and copilot) Board-regulated air taxi operators to As this amendment corrects an inad­ not named in or meeting the quali­ carry liability insurance. A petition of vertence and since it modifies a rule two insurance underwriters (Docket which has not become effective, notice fication, experience, and currency re­ 20742) has called our attention to an in­ and public procedure hereon are not quirements provided in the policy of advertence in one of the permissible ex­ necessary and the amendment may be insurance; clusions in the insurance rule and re­ ***** quests that the rule be corrected by made effective on less than 30 days’ March 7,1969, when the basic insurance notice. Accordingly, in consideration of 2. Amend paragraph 4(i) of the rule becomes effective. No answers to the the foregoing, the Board hereby amends Standard Endorsement, Appendix B to Petition have been filed. Part 298 of its economic regulations (14 read as follows:

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 No. 45- 4956 RULES AND REGULATIONS

4. The exclusions of the policy to which views, or arguments with respect to the tributor, for the purpose of § 500.5. this endorsement is attached are deleted proposal. None were submitted. Therefore, it appears appropriate to and are replaced by the following exclusions: After consideration of all relevant clarify certain production aspects, rele­ Exclusions. Unless otherwise provided in matter presented, including that in the vant to identifying the name of the the policy of insurance, the liability insur­ ance afforded under this policy shall not notice, the information and unanimous manufacturer, packer, or distributor to a p p ly to : recommendation submitted by the com­ comply with § 500.5 of the regulations. mittee, the applicable provisions of the Accordingly, pursuant to the provi­ ***** sions of the Fair Packaging and Label­ (i) Any loss arising from operation of an marketing order, and other available in­ aircraft (1) without a copilot, if one is re­ formation, it is found that to establish a ing Act (sections 4, 6, 10, 80 Stat. 1297, quired under the attached policy of insur­ salable quantity and allotment per­ 1299, 1300, 1301; 15 U.S.C. 1453, 1455, ance or (2) by a pilot (or pilot and copilot) centage as hereinafter set forth will tend 1456) Subchapter E, Part 503, is not named in o r meeting the qualification, to effectuate the declared policy of the amended by adding thereto the following experience, and currency requirements pro­ act. new section: vided in the attached policy of insurance; Therefore, the salable quantity and § 503.3 Name and place of business of ***** allotment percentage to be applicable to manufacturer, packer, or distributor. (Sec. 204(a), 416, Federal Aviation Act of the 1969-70 marketing year (Aug. 1, 1958, as amended, 72 Stat. 743, 771; 49 1969-July 31, 1970) are established as To clarify the identity of a manufac­ U.S.C. 1324, 1386) follows : turer, packer, or distributor for the By the Civil Aeronautics Board. purpose of § 500.5 of this chapter, the § 991.207 Allotment percentage and sal­ following represents the opinions of the [ s e a l ] H arold R . S a n d e r s o n , able quantity for hops during the Commission. Secretary. marketing year beginning August 1, 1969. (a) A manufacturer of a bulk product [F.R. Doc. 69-2730; Filed, Mar. 6, 1969; who supplies the product to a contract 8 :4 5 a.m .] The allotment percentage during the packager and permits his bulk product marketing year beginning August 1,1969, to be packaged by the contract packager shall be 75 percent, and the salable quan­ remains the manufacturer of the com­ tity shall be in an amount of 39,944,000 modity, if the contract packager does not pounds or the amount resulting from perform any act other than package Title 7— AGRICULTURE multiplying the total of all producer al­ filling and labeling. Chapter IX— Consumer and Market­ lotment bases by the allotment percent­ (b) (1) A manufacturer of a bulk ing Service (Marketing Agreements age, whichever amount is the higher. product who supplies the bulk to a con­ and Orders; Fruits, Vegetables, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tract packager but permits the pack­ 6 0 1 -6 7 4 ) ager to modify the bulk commodity by Nuts), Department of Agriculture the addition of any substance which [Valencia Orange Reg. 263] Dated March 3, 1969, to become effec­ changes the identity of the bulk, ceases tive April 15,1969. PART 908— VALENCIA ORANGES to be the manufacturer of the consumer P a u l A . N ic h o l s o n , commodity. At that point, if the manu­ GROWN IN ARIZONA AND DESIG­ Deputy Director, Fruit and facturer of the bulk elects to use his NATED PART OF CALIFORNIA Vegetable Division, Con­ name on the label of the consumer com­ Limitation of Handling sumer and Marketing Service. modity, his name should be qualified to [F.R. Doc. 69-2796; Filed, Mar. 6, 1969; show “Distributed b y ______Correction 8 :5 0 a.m .] _____or “Manufactured f o r ______In F.R. Doc. 69-2533 appearing at page 2851 in the issue of Thursday, Febru­ (2) The identity of a bulk substance ary 27, 1969, the signature and title lines received by a contract packager is should read “Flöyd F. Hedlund, Director, Title 16— COMMERCIAL changed if the packager, for example, Fruit and Vegetable Division, Consumer adds a propellant as in the case of an and Marketing Service.” PRACTICES aerosol, or adds a solvent as in the case Chapter I— Federal Trade Commission of a paint, or blends two or more com­ PART 991— HOPS OF DOMESTIC ponents, or changes the physical state SUBCHAPTER E— RULES, REGULATIONS, STATE­ as in the case of a liquid being changed PRODUCTION MENTS OF GENERAL POLICY OR INTERPRETA­ to a gel or a semisolid being changed Salable Quantity and Allotment Per­ TION, AND EXEMPTIONS UNDER THE FAIR to a solid. centage for 1969—70 Marketing Year PACKAGING AND LABELING ACT (c) A person or firm who supplies a formula and/or specifications to a con­ Notice was published in the Febru­ PART 503— STATEMENTS OF GENERAL POLICY OR INTERPRETATION tract packager but who takes no part in ary 14, 1969, issue of the F ed e r a l R e g ­ the actual production of the consumer is t e r (34 F.R. 2208) regarding a pro­ Manufacturer of Consumer commodity is not the manufacturer of posal to establish a salable quantity and allotment percentage applicable to hops Commodities the consumer commodity for the pur­ produced in Washington, Oregon, Idaho, The Federal Trade Commission has pose of § 500.5(a) of this chapter. This and California for the 1969-70 marketing received several requests to interpret is true whether the person or firm who year beginning August 1, 1969. The per­ § 500.5 of the regulations issued pursuant supplies the formula or specifications, or centage herein established is based on to the Fair Packaging and Labeling Act. both, also supplies the raw materials the unanimous recommendation of the Section 500.5 relates to the appearance which are to be reacted, mixed, or other­ Hop Administrative Committee and other on the label of a consumer commodity of wise modified to produce the consumer available information in accordance with the name and place of business of manu­ the applicable provisions of Marketing facturer, packer, or distributor. Specifi­ commodity. 'Order No. 991, as amended (7 CFR Part cally, the requests cite various conditions Issued: March 3, 1969. 991), regulating the handling of hops of domestic production, effective under the under which consumer commodities are By direction of the Commission. Agricultural Marketing Agreement Act produced, and there is some doubt in the [ s e a l ] J o s e p h W. S h e a , of 1937, as amended (7 U.S.C. 601-674). industry as to the conditions which Secretary. The notice afforded interested persons qualify a person or firm to be a manu­ [F .R . D oc. 69-2803; F iled , Mar. 6, 1969; opportunity to submit written data, facturer rather than a packer or, dis­ 8:51 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4957 whether imported directly or indirectly This revision will become effective 30 Title 19— CUSTOMS DUTIES from that country, equal to the net days after publication in the F ed e r a l amount of the bounty shown above shall R e g is t e r . Chapter I— Bureau of Customs, be assessed and collected. [ s e a l ] L e s t e r D . J o h n s o n , Department of the Treasury The table in § 16.24(f) of the Customs Commissioner of Customs. [T.D. 69-72] Regulations is amended by inserting after the last line under “Australia— Approved: February 27,1969. PART 4— v ess els in f o r e ig n a n d Sugar content of certain articles” the M a t t h e w J . M a r k s , DOMESTIC TRADES number of this Treasury Decision in the Acting Assistant Secretary column headed “Treasury Decision” and of the Treasury. Coastwise Transportation of Contain­ the words “New rate” in the column ers, etc., by Certain South African Sec. headed “Action.” The table in § 16.24(f) 30.0 Scope. Vessels is further amended by deleting there­ from under “Australia—Sugar content of Subpart A— General Provisions On the basis of information obtained certain articles” thé number 69-3 in the 30.1 Definitions. and furnished by the Department- of column headed “Treasury Decision” and 30.2 Designation of District Director as State, it is found that the Government the words “New rate” appearing opposite Board Representative. of South Africa extends to vessels of the such number in the column headed 30.3 Assignment of customs officers. United States in ports of South Africa “Action.” 30.4 Reimbursement of customs expenses. privileges reciprocal to those provided 30.5 Permission of grantee required. for in section 27 of the Merchant Marine (R.S. 251, secs. 303, 624, 46 Stat. 687, 759; 30.6 Authority to examine merchandise. Act of 1920, as further amended by Public 19 U.S.C. 66, 1303, 1624) 30.7 Transportation of merchandise to a zo n e. Law 90-474 (82 Stat. 700). Therefore, [ s e a l ] L e s t e r D. J o h n s o n , vessels of South Africa are permitted to Commissioner of Customs. 30.8 Use of zone by carriers. transport coastwise equipment for use Subpart B— Admission of Merchandise to a Zone Approved: February 26, 1969. with vans and tanks, empty barges de­ 30.11 Merchandise permitted in a zone. signed for carriage aboard a vessel, empty M a t t h e w J . M a r k s , 30.12 Application and permit for admission instruments of international traffic, and Acting Assistant Secretary of merchandise. stevedoring equipment and material un­ of the Treasury. 30.13 Temporary admission for manipula­ der the conditions specified in the appli­ tio n . [F.R. Doc. 69-2801; Filed, Mar. 6, 1969; 30.14 Merchandise transiting a zone. cable proviso to 46 U.S.C. 883. 8:50 a.ni.] Accordingly, § 4.93(b) (2), Customs 30.15 Certificate of arrival of merchandise. Regulations, is amended by the insertion Subpart C— Status of Merchandise in a Zone [T.D. 69-70] of “South Africa” in appropriate alpha­ 30.21 Privileged foreign merchandise. betical order in the list of nations in PART 30— FOREIGN-TRADE ZONES 30.22 Privileged domestic merchandise. that section. 30.23 Nonprivileged foreign merchandise. (80 Stat. 379, sec. 27, 41 Stat. 999, as amended; On November 23, 1968, notice of pro­ 30.24 Nonprivileged domestic merchandise. 5 U.S.C. 301, 46 U.S.C . 883) posed rule making regarding a revision of regulations relating to foreign-trade 30.25 Zone-restricted merchandise. Effective date. This amendment shall zones, 19 CFR Chapter I, Part 30, was Subpart D— Handling of Merchandise in a Zone become effective on the date of its publi­ published in the F ed e r a l R e g is t e r (33 30.31 Customs control of merchandise in a F ederal R e g is t e r . cation in the F.R. 17352). Interest persons were given zo n e. [ seal! E d w i n F . R a i n s , 60 days in which to submit data, views, 30.32 Manipulation, manufacture, or ex­ Acting Commissioner of Customs. or arguments concerning the proposed hibition in a zone, regulations. No comments were received. 30.33 Destruction of merchandise in a zone. Approved: February 28, 1969. The revision as proposed is hereby Subpart E— Removal of Merchandise From a Zone M a t t h e w J . M a r k s , adopted subject to the following changes: Acting Assistant Secretary 1. In paragraph (f) of § 30.1, the 30.41 Direct exportation from a zone. of the Treasury. words “or subzone” are inserted after 30.42 Supplies, equipment, and repair mate­ rial for vessels or aircraft. [F.R. Doc. 69-2802; Filed, Mar. 6, 1969; “zone” and before “established.” 30.43 Transfer of merchandise from one 8:51 a m .] 2. In paragraph (a) of § 30.11, the words following “such as” in the first sen­ zone to another. tence are changed to read: “books or 30.44 Transfer of privileged domestic mer­ [T.D. 69-71] pictures urging treason or insurrection chandise into customs territory. 30.45 Transfer of privileged foreign mer­ PART 16—-LIQUIDATION OF DUTIES against the United States, obscene books or pictures and lottery matter,” and chandise into customs territory. Countervailing Duties; Sugar Content 30.46 Transfer of products of manipulation “shall” is substituted for “may” in the or manufacture of privileged mer­ of Certain Articles From Australia second sentence. chandise into customs territory. The 'p'easury Department is in receipt > 3. In § 30.11, “conditionally admitted” 30.47 Transfer of zone-restricted merchan­ of official information that the rates of in the introductory text and iii the head­ dise into customs territory. bounties or grants paid or bestowed by ing and in the first sentence of para­ 30.48 Treatment of merchandise not else­ the Australian Government within the graph (b) is changed to “conditionally where provided for in this subpart. meaning of section 303, Tariff Act of 1930 admissible.” Au th o rity : The provisions of this Part 30 (19 U.S.C. 1303), on the exportation dur- 4. In paragraph (b) of § 30.32, the issued under R.S. 251, secs. 1-21, 48 Stat. 998, mg the month, of February 1969, of word “Zone” in the title of the Act is 999, as amended, 1000, 1002, as amended, approved fruit products and other ap­ changed to “Zones,” and in subparagraph 1003, 77A Stat. 14, sec. 624, 46 Stat. 759; 19 proved products containing sugar (2), “paragraphs 367 and 368” is changed U.S.C. 66, 81a-81u, 1202 (General headnote amounts to Australian $97.90 per 2,240 to read “paragraphs 367 or 368." 11), 1624. Pounds of sugar content. 5. In paragraph (a) of § 30.48, the § 30.0 Scope. The net amount of bounties or grants words “Merchandise not elsewhere pro­ Foreign-trade zones are established 0I}. the above-described commodities vided for in this subpart includes the under the Foreign-Trade Zones Act and which are manufactured or produced in following:” are inserted after the head­ the general regulations and rules of pro­ Australia is hereby ascertained, deter- ing and before subparagraph (1). cedure of the Foreign-Trade Zones Board an<* dec*ared to be Australian 6. In paragraph (b) of §30.48, the contained in 15 CFR Part 400. This Part per 2.240 pounds of sugar content. reference to 30.47(c)(2) is changed to 30 of the Customs Regulations governs Additional duties on the above-described 30.47(e) (2). the admission of merchandise into a for­ commodities, except those commodities 7. Editorial changes are made in eign-trade zone, manipulation, manufac­ covered by TD. 55716 (27 F.R. 9595), §§30.12, 30.22, 30.32, and 30.42. ture, or exhibition in a zone; exportation

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4958 RULES AND REGULATIONS of merchandise from a zone; and trans­ grantee, except where the regulations in tures urging treason or insurrection fer of merchandise from a zone into cus­ this part provide for the making of ap­ against the United States, obscene books toms territory. plications by the grantee itself or permit or pictures and lottery matter. District the grantee to file a separate specific or directors are required to exclude this Subpart A— General Provisions blanket approval. class of articles and shall not permit § 30.1 Definitions. (b) Questioning grantee’s concur­ them to be transferred to a zone if aware of their prohibited status. If there is a. The following are general definitions rence. Government officers acting in their official capacities may question the question as to whether the merchandise for the purposes of this part: is prohibited, district directors may per­ (a) Act. “Act” means the Foreign- grantee’s concurrence if in their opinion it was improperly given. mit the temporary deposit of the mer­ Trade Zones Act of June 18, 1934, as chandise in a zone pending a final deter­ amended (48 Stat. 998-1003; 19 U.S.C. § 30.6 ^ Authority to examine merchan­ mination of its status. Any prohibited 81a-81u). dise. merchandise which is found within a (b) Board. “Board” is the Foreign- The district director may cause any zone shall be disposed of in the manner Trade Zones Board established by the merchandise in a zone to be examined provided for in the laws and regulations Foreign-Trade Zones Act to carry out the at the time of admission, or at any time applicable to such merchandise. provisions of the Act. thereafter, if the examination is deemed (b) Conditionally admissible mer­ (c) Customs territory. “Customs ter­ necessary to facilitate the proper admin­ chandise. Conditionally admissible mer­ ritory” is the territory of the United istration of any law, regulation, or in­ chandise is merchandise which may be states in which the general tariff laws of struction which the Customs Service is imported under certain conditions, for the United States apply but which is not authorized to enforce. included in any zone. “Customs territory example, articles which are subject to of the United States” includes only the § 30.7 Transportation of merchandise permits or licenses or which may be re­ to a zone. conditioned to bring them into compli­ States, the District of Columbia, and ance with the laws administered by vari­ Puerto Rico. (General Headnote 2, Tariff (a) From outside customs territory. ous Federal agencies. The admission of Schedules of the United States.) Merchandise may be brought directly to articles of this class into a zone is subject (d) Grantee. “Grantee” is a corpora­ a zone from anyplace outside customs to any requirements of the Federal tion to which the privilege of establish­ territory. agency concerned. ing, operating, and maintaining a for­ (b) Through customs territory; for­ eign-trade zone has been granted by the eign merchandise. Foreign merchandise § 30.12 Application and permit for ad­ Foreign-Trade Zones Board. destined to a zone and transported in mission of merchandise. (e) Merchandise. “Merchandise” in­ bond through customs territory shall be (a) Application on zone Form D and cludes goods, wares, and chattels of every subject to the laws and regulations ap­ permit. Except in the case of entered description, except prohibited articles. plicable to other merchandise trans­ merchandise brought into a zone for (1) Domestic merchandise. “Domestic ported in tond between two places in manipulation (§ 30.13) and merchandise merchandise” is that which has been (i> customs territory. transiting a zone (§ 30.14), merchandise produced in the United States and not (c) From customs territory; domestic may be admitted into a zone only upon exported therefrom, or (ii) previously merchandise. Domestic merchandise may application on zone Form D, Applica­ imported into customs territory and be brought to a zone from customs ter­ tion to Admit Merchandise into Foreign- properly released from customs custody. ritory by any means of transportation Trade Zone, and the issuance of a permit (2) Foreign merchandise. “Foreign which will not interfere with the orderly by the district director merchandise” is imported merchandise conduct of business in the zone. (b) Documents in support of appli­ which has not been properly released cation—(1) Merchandise transported from customs custody in customs §, 30.8 Use o f zone by carriers. through customs territory. For foreign territory. (a) Primary use; lading and unlad­ merchandise arriving at a zone after (f) Zone. “Zone” is a foreign-trade ing. The water area, docking facilities, transportation through customs territory zone or subzone established under the and any loading and unloading stations Foreign-Trade Zones Act. the application shall be supported by: of a zone are intended primarily for the (1) Release order. A release order on § 30.2 Designation of District Director unlading of merchandise into the zone the application or another document ex­ as Board Representative. or the lading of merchandise for re­ ecuted by the carrier which brought the The district director in whose district moval from the zone. Their use for other goods to the port where the zone is lo­ the zone is located shall be in local charge purposes may be terminated by the Sec­ cated authorizing the transfer of the retary of the Treasury if found to en­ merchandise to the zone; and of the zone as the resident representative danger the revenue or by the Board if of the Board. (ii) Evidence of right to make entry. found to impede the primary uses of the A document or documents like those § 30.3 Assignment of Customs Officers. zone. which would be required of the applicant The district director in whose district (b) Carriers in zonè not exempt from as evidence of his right to make entry the zone is located shall assign the nec­ law or regulation. Nothing in the Act for merchandise in customs territory essary customs officers and guards to or the regulations in this part shall be (see § 8.6 of this chapter). maintain appropriate customs control construed'as excepting any carrier en­ (2) Merchandise unladen directly over merchandise in the zone and to pro­ tering, remaining in, or leaving a zone from the importing carrier. For mer­ tect the revenue. from the application of any other per­ tinent law or regulation chandise unladen in the zone directly § 30.4 Reimbursement of customs ex­ from the importing carrier the applica­ penses. Subpart B— Admission of Merchan­ tion on zone Form D shall be s u p p o r te d The cost of providing the additional dise to a Zone by an application to unlade on c u s to m s customs services required under the Act Form 3171 (§ 30.14(a)). § 30.11 Merchandise permitted in a (c) Conditions for issuance of a per­ or the regulations in this part shall be zone. reimbursed to the Government by the mit. Merchandise for which an applica­ grantee, payment to be made monthly to Merchandise of every description, in­ tion to admit merchandise to a zone is the district director. cluding over-quota merchandise, may be made shall be admitted when: brought into a zone unless prohibited by (1) The application is properly exe­ § 30.5 Permission of grantee required. law. A distinction is made between pro­ cuted and includes an indication of the (a) Written concurrence necessary. hibited and conditionally admissible desired zone status of the merchandise Applications for permission to transfer merchandise. (i.e., privileged foreign, privileged do­ merchandise into a zone, to do anything (a) Prohibited merchandise. Prohib­mestic, nonprivileged foreign, nonpriv- involving merchandise in a zone, or to ited merchandise is merchandise which ileged domestic, or zone-restricted mei> remove merchandise from a zone shall is prohibited by law on the grounds of chandise as provided for in Subpart C show the written concurrence of the policy or morals, such as books or pic­ of this part);

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4959

(2) The grantee’s approval appears or manufactured so as to effect a change (iv) Merchandise subject to tariff-rate either on the application or in a separate in tariff classification shall be given import quotas. Entries for merchandise specific-or blanket approval (§ 30.5); and status as privileged foreign merchandise subject to tariff-rate import quotas shall (3) The permit is granted by the dis­ on proper application to the district be liquidated only at the higher or non­ trict director as the representative of director. quota rate. the Board. (b) Application. Each application for (v) Determination of taxes. The taxes this status shall be made on zone Form to be determined are those of the same § 30.13 Temporary admission for ma­ B at the time of filing the application nature as are indicated in the liquidation nipulation. on zone Form D (see § 30.12) for ad­ of entries of imported merchandise in Imported merchandise for which an mission of the merchandise into a zone customs territory. entry has been made and which has re­ or at any time thereafter before the (d) Status as privileged foreign mer­ mained in continuous customs custody merchandise has been manipulated or chandise binding. A status as privileged may be admitted temporarily to a zone manufactured in the zone in a manner foreign merchandise and the consequent for manipulation and return to customs which has effected a change in tariff determination of taxes and liquidation of territory under customs supervision pur­ classification. duties cannot be abandoned. The taxes suant to section 562, Tariff Act of 1930, (c) Zone customs entry. Each appli­ and duties remain applicable to the mer­ as amended (19 U.S.C. 1562) and § 19.11 cant for such status shall file a zone chandise even if changed in form by of this chapter. Such merchandise shall customs entry on customs Form 7502 manipulation or manufacture, except in not be considered within the purview with his application. the case of recoverable waste (see section of (he Act but shall be treated as though (1) Evidence of right to make entry.30.48), as long as the merchandise re­ remaining in customs territory. No zone The original of a properly approved ap­ mains within the purview of the Act. form or procedure. shall be considered plication on zone Form B is acceptable However, privileged foreign merchandise applicable, but the merchandise shall re­ as the equivalent of a bill of lading or may be exported or withdrawn for sup­ main subject in the zone to such require­ carrier’s certificate to identify the appli­ plies, equipment, or repair material of ments as are necessary for the enforce­ cant on such Form B as the consignee of vessels or aircraft without the payment ment of section 562 and other pertinent the merchandise and its owner for cus­ of the determined taxes and liquidated customs laws. toms purposes, except that such person duties, in accordance with §§ 30.41, 30.42, and 30.45(d). § 30.14 Merchandise transiting a zone. may transfer the right to withdraw such merchandise from the zone to customs (e) Appeals and protests. The require­ The following procedures are appli­ territory in accordance with Subpart E ments, privileges, and procedures of cable when merchandise is to be un­ of this part. notices of appraisement, appeals to reap­ laden from any carrier-in the zone for . (2) Preparation, filing, and processing praisement, posting of liquidations, and immediate transfer to customs territory, of the entry. The procedure in connec­ protests against decisions of the district or if it is to be transferred from customs tion with the preparation, filing, and director are the same as those prescribed territory through the zone for imme­ processing of the entry, including the in the case of merchandise covered by diate lading on any carrier in the zone: making of notations on invoices, the an entry for warehouse in customs terri­ (a) Application. Application for per­ preparation of customs Form 6417, the tory. mission to lade or unlade shall be filed designation of examination packages or (f) Permission to manipulate, manu­ with the district director on customs quantities, and the examination and ap­ facture, or exhibit. Application may be Form 3171 prior to transfer of the mer­ praisement of the merchandise shall be made pursuant to § 30.32 for permission chandise into the zone. the same as that prescribed in the case to manipulate, manufacture, or exhibit (b) Permit. The district director shall of an entry for warehouse made in cus­ the merchandise before taxes have been permit the transfer unless he has reason toms territory (see Part 8 of this chap­ determined and duties liquidated to believe that the merchandise will not ter) , except that no bond shall be thereon, but in such case the examina­ be moved promptly from th"> zone or required. tion for purposes of appraisement must made the subject of an application for (3) Procedure upon acceptance of thebe completed, or the packages or sam­ zone status on zone Form D in accord­ entry. Upon acceptance of the entry the ples required for such examination must ance with § 30.12. district director shall have the merchan­ be segregated, before the district direc­ (c) Treatment of merchandise. Upon dise appraised, classified, taxes deter­ tor approves the application. the issuance of a permit to lade or un­ mined, and duties liquidated promptly. § 30.22 Privileged domestic merchan­ lade, the merchandise shall not be con­ (i) Appraisement and tariff classifica­ dise. sidered within the purview of the Act tion. The merchandise shall be subject but shall be treated as though the lading to appraisement and tariff classification (a) Merchandise subject to the provi­ or unlading were in customs territory. according to its condition and quantity, sions of this section. Privileged domestic and to the rates of duty and tax in force, status may be granted to merchandise: (d) Failure to lade merchandise with­ (1) The growth, product, or manu­ out delay. Merchandise brought into a on the date of filing, in complete and proper form, the request for privileged facture of the United States on which zone for lading on a carrier but not laden all internal-revenue taxes, if applicable, without a delay which will endanger the foreign status on zone Form B and the zone customs entry which is required to have been paid; revenue must be made the subject of an (2) Previously imported and on which application for zone status on zone Form accompany it. (ii) Basis of valuation. The value of duty and/or tax has been p^id; or D in accordance with § 30.12 or be re­ (3) Previously admitted free of duty moved from the zone. the merchandise shall be determined in accordance with sections 402, 402a, and and tax. 130.15 Certificate of arrival of mer­ 503 of the Tariff Act of 1930, as amended (b) Application. Application for priv­ chandise. (19 U.S.C. 1401a, 1402,1503), and related ileged domestic status shall be included Whenever a certificate as to the arrival provisions of law. For all customs pur­ in the application on zone Form D of any merchandise in a zone is required poses, the date of exportation of the mer­ (§ 30.12) to transfer the merchandise a foderai agency, the district director chandise from the country whence it was into the zone, but the documents in sup­ shall issue the certificate, properly de­ exported to the United States is the date port of the application described in scribing and identifying the merchan­ of its final departure from that country, § 30.12(b) are not required. dise involved. in accordance with § 14.3(b) of this (c) Domestic packing and repair ma­ chapter. terials. If the district director is satis­ Subpart C— Status of Merchandise (iii) Amendment of value. The value fied that the revenue will be protected, in a Zone declared in any zone customs entry for and the rights of importers will not be 8 30.21 Privileged foreign merchandise. merchandise may be amended in accord*- prejudiced, he may permit the transfer ance with the provisions of section 487, to a zone of domestic packing and repair (a) Merchandise subject to the pro­Tariff Act of 1930 (19 U.S.C. 1487), and materials and related articles without visions of this section. Foreign merchan­ the regulations thereunder (see § 8.16 of requiring an application on zone Form dise which has not been manipulated this chapter). D.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4960 RULES AND REGULATIONS (d) Return of merchandise to customsof the approved zone Form D may be the place designated for its performance territory. Upon compliance with this sec­ accepted in lieu of any proof of ship­ is not suitable for preventing confusion tion and § 30.44, any of the foregoing ment required: in cases of actual as to the identity or status of the mer­ merchandise may subsequently be re­ exportation. chandise and for safeguarding the turned to customs territory free of (2) For other purposes. If the mer­revenue. quotas, duty, or tax. chandise is to be considered exported for ( 1) ' Fourth proviso—The proviso reads as § 30.23 Nonprivileged foreign merchan­ the purpose of any Federal law other -fo llo w s: dise. than the customs laws, the district "That under the rules and regulations of director shall be satisfied that all per­ the controlling Federal agencies, articles All of the following shall have the tinent laws, regulations, and rules ad­ which have been taken into a zone from cus­ status of nonprivileged foreign merchan­ ministered by the Federal agency con­ toms territory for the sole purpose of ex­ dise: cerned have been complied with before portation, destruction (except destruction of (a) Foreign merchandise properly in a distilled spirits, wines, and fermented malt he approves the application on zone liquors), or storage shall be considered to be zone which does not have the status of Form D. exported for the purpose of— privileged foreign merchandise or of (d) Merchandise entered for ware­ (a) The draw-back, warehousing, and zone-restricted merchandise; housing transferred to a zone. Mer­ bonding, or any other provisions of the Tar­ (b) Waste recovered from any manip­ chandise entered for warehousing and iff Act of 1930, as amended, and the regula­ ulation or manufacture of privileged transferred to a zone, other than tem­ tions thereunder; and foreign merchandise in a zone; and porarily for manipulation and return to (b) The statutes and bonds exacted for the payment of draw-back, refund, or exemption (O Domestic merchandise in a zone customs territory as provided for in from liability for internal-revenue taxes and which by reason of noncompliance with § 30.13, shall haye the status of zone- for the purposes of the internal-revenue laws these regulations has lost its identity as restricted merchandise when admitted generally and the regulations thereunder. domestic merchandise and will be treated into the zone. The application on zone "Such a transfer may also be considered as foreign merchandise if transferred to Form D shall state that zone-restricted an exportation for the purposes of other Fed­ customs territory. Any domestic mer­ status is desired for the merchandise. eral laws insofar as Federal agencies charged chandise shall be deemed to have lost with- the enforcement of those laws deem it its identity if the district director deter­ Subpart D— Handling of Merchan­ advisable. Such articles may not be returned dise in a Zone to customs territory for domestic consump­ mines that it cannot be identified posi­ tion except where the Foreign-Trade Zones tively by customs officers as domestic § 30.31 Customs control of merchandise Board deems such return to be in the public merchandise on the basis of their exam­ in a zone. interest, in which event the articles shall be ination of the articles and their consid­ subject to the provisions of paragraph 1615 eration of any proof that may be sub­ (a) No merchandise shall be removed (f) of section 1201 of this title: * * mitted promptly by a party in interest. from a zone in any manner or for any (2 ) Fifth proviso—The proviso reads as purpose except as provided for in the fo llo w s: § 30.24 Nonprivileged domestic mer­ regulations in this part. "That no operation involving any foreign chandise. (b) If the district director deems it or domestic merchandise brought into a zone necessary for the protection of the rev­ which operation would be subject to any All merchandise which could have ob­ provision or provisions of section 1807 of tained the status of privileged domestic enue, he may require segregation of Title 26 and chapters 15-17, 21, 23-26 or 32 merchandise but for which no applica­ any merchandise he determines' to be of Title 26, if performed in customs terri­ tion for such status has been approved subject to special risks to the revenue. tory, or involving the manufacture of any (not including any merchandise within (c) The grantee shall keep the dis­ article provided for in paragraphs 367 or the purview of § 30.23(c)) shall have the trict director currently informed as to 368 of section 1001 of this title, shall be status of nonprivileged domestic mer-. the location of any merchandise in the permitted in a zone except those operations chandise. zone which is not within the purview of (other than rectification of distilled spirits' paragraph (b) of this section, and shall and wines, or the manufacture or production § 30.25 Zone-restricted merchandise. of alcoholic products unfit for beverage pur­ notify the district director promptly of poses) which were permissible under this (a) Merchandise subject to the provi­ any loss or damage that may occur to chapter prior to July-1, 1949: * * sions of this section. Articles taken into any merchandise in the zone. a zone from customs territory for the (For current reference to title 19 and 26 § 30.32 Manipulation, manufacture, or of the United States Codie, see notes fol­ sole purpose of exportation, destruction exhibition in a zone, (except destruction of distilled spirits, lowing text of 19 U.S.C. 81c.) wines, and fermented malt liquors), or (a) Application. Permission for ma­ (c) Appeal of adverse ruling. If the storage shall be given zone-restricted nipulation, manufacture, or exhibition of application is denied by the district di­ status on proper application. Such merchandise in a zone may be obtained rector for any reason, the applicant, or articles may not be returned to customs by filing with the district director an the grantee, may appeal the adverse territory for domestic consumption ex­ application on zone 1 Form E. No such ruling to the Board. If any revenue pro­ cept where the Board deems such return operation shall be carried on until the tection considerations are involved in to be in the public interest (see § 30.47). district director has approved the ap­ such an application, the Board shall be (b) Application. Application for zone- plication. The application shall include: guided by the determinations of the Sec­ restricted status shall be included in the (1) A full description of the proposed retary of the Treasury with respect to application on zone Form D to transfer operation; them. the merchandise into the zone as pro­ (2) A designation of the exact place (d) - Records to be maintained—(1) vided for in § 30.12. in the zone where the operation is to be Privileged *merchandise. When any performed; privileged merchandise is to be manip­ (c) Merchandise considered export­ (3) The identification of the involved ulated in any way or manufactured, the ed—(1) For customs purposes. If the merchandise by lot number, marks and person performing the operation shall applicant desires a zone-restricted status numbers of the packages, description, maintain records containing the follow­ in order that the merchandise may be quantity, and zone status; and ing information: considered exported for the purpose of (4) In the case of manipulation or (i) A full identification, as specified in any customs law, all pertinent customs manufacture, a statement as to whether paragraph (a) of this section, of each requirements relating to actual exporta­ articles with one zone .status are to be lot of privileged merchandise used in the tions shall be complied with as though packed, commingled, or combined with operation; the admission of the merchandise into articles having a different zone status. the zone constituted a lading on an ex­ (ii) The unit and total values of each porting carrier at a port of final exit from (b) Approval of application. The dis­ such lot, the values in the case of trict director shall approve the applica­ privileged foreign merchandise to be the United States. Any declaration or those declared in the zone customs entry form required for actual exportation tion unless the proposed operation would (§ 30.21(c)), including any amendment shall be modified to show that the mer­ be in violation of the fourth or fifth pro­ thereof; chandise has been deposited in a zone in viso to section 3 of the Foreign-Trade i m The commercial name or descrip­ lieu of actual exportation, and a copy Zones Act, as amended, 19 U.S.C. 81c, or tion of the product resulting from the

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4961 operation, or of each such product if of this section and may be withdrawn is not subject to customs control except there are more than one; from a zone in accordance with the pro­ that the removal of the merchandise (iv) The quantity of such product or visions of § 30.44. from the first zone and its admission of each such product, as the case may be; (b) Articles for delivery within zone Into the zone of destination shall be in (v) The commercial name or descrip­ where withdrawn. The withdrawal of accordance with §§ 30.44 and 30.12. tion and quantity of each kind of waste articles provided for in paragraph (a) (b) Other merchandise-=-(1) Proce­ recovered from the operation ; and of this section for delivery within the dure. The transfer of merchandise, other (vi) The description (i.e., evaporation, zone where withdrawn to a qualified ves­ than privileged domestic merchandise, leakage, spillage, dust, etc.) and quan­ sel or aircraft, or as ground equipment of from a zone at one port of entry to a zone tity of each kind of loss resulting from a qualified aircraft, shall be on customs at another port shall be by bonded carrier the operation. Form 7512 (see § 10.60 of this chapter). under an entry for immediate transpor­ (2) Nonprivileged merchandise. If any (1) Who may make the withdrawal. tation on customs Form 7512. All copies nonprivileged merchandise is to be used The withdrawal of articles composed in of the entry for immediate transporta­ in the operation, records shall be main­ whole or in part of privileged foreign tion shall bear a notation that the mer­ tained containing a full identification, as merchandise shall be made by the per­ chandise is being taken from the first specified in paragraph (a) of this section* son identified on zone Form B as the zone for the purpose of transfer to the and the unit and total values of each lot consignee (see § 30.21(c) (1) ). The with­ second zone. Privileged foreign mer­ of the merchandise used in the operation. drawal of all other articles under this chandise which has not been mixed, com­ section shall be made by the person des­ bined, or repacked in the zone and prod­ § 30.33 Destruction of merchandise in a ignated as the consignee by the written ucts of a manipulation or manufacture zone. authorization of the grantee. in a zone composed of or derived from (a) Application. Each application to (2) Supporting documents—(i) De­ privileged merchandise, whether all destroy merchandise in a zone shall be scription. The withdrawal "shall be sup­ foreign, or partly foreign and partly do­ filed with the district director on zone ported by a description of the articles mestic, shall be transferred from the Form E. The application shall include: similar to that provided for in § 30.44(a). zone in accordance with § 30.45(c) (1)- (1) A description of the proposed (ii) Bond. A bond on customs Form (4) and admitted to the second zone in method of destruction; 7557, 7559, or 7595 shall be required with accordance with § 30.12. The transfer of (2) A designation of the place where the withdrawal. other merchandise from the first zone the destruction is to be accomplished; (3) Release of articles. Upon accept­ into customs territory and its admission and ance of the withdrawal, the district di­ into the zone of destination shall be in (3) The identification of the involved rector shall release the merchandise to accordance with §§ 30.48(b) and 30.12. merchandise by lot number, marks and the grantee for delivery to the qualified (2) Forwarding of history of the mer­ numbers of the packages, description, vessel or aircraft in the zone. chandise. Upon removal of merchandise quantity, and zone status. (c) Articles for delivery outside zone as specified in paragraph (b) (1) of this (b) Approval of application and pro­ where withdrawn. The withdrawal of section from the first zone, the district cedure for destruction of merchandise. articles provided for in paragraph (a) director of the port where such zone is The destruction of distilled spirits, wines, of this section for delivery at a place located shall immediately forward to the and fermented malt liquors having a outside the zone to a qualified vessel or district director of the port where the zone-restricted status may not be au­ aircraft, or as ground equipment of a zone of destination is located a history thorized in view of the exception in the qualified aircraft, shall be on customs of the merchandise as shown by the rec­ fourth proviso to section 3 of the For­ Form 7512. (See § 10.60 of this chapter.) ords of the first zone. eign-Trade Zones Act, as amended (19 (1) Who may make the withdrawal. § 30.44 Transfer of privileged domestic U.S.C. 81c). In any other case, if the dis­ The withdrawal of privileged foreign merchandise into customs territory. trict director is satisfied that the destruc­ merchandise which has not been mixed, tion will be effective and that the combined, or repacked in the zone or of (a) Submission of description of trans­ revenue will be adequately protected, he a product of a manipulation or manufac­ action. When privileged domestic mer­ shall approve the application. If proper ture in a zone composed of or de­ chandise which has not been mixed, destruction cannot be effectively accom­ rived from privileged merchandise only, combined, or repacked in a zone with plished within the zone, the district di­ whether all foreign, or partly foreign and merchandise having a different zone rector may permit it to be done else­ partly domestic, shall be made by the status is to be transferred from the zone where, in whole or in part, under such person named on zone Form B as the to customs territory, the grantee shall «mditions as he shall specify for protect­ consignee or by a transferee designated submit to the district director, in trip­ ing the revenue. Any residue of destruc­ on the withdrawal and approved by the licate, a description of the proposed tion which is entirely worthless may be grantee. (See § 30.45(b) (2).) The with­ transaction signed by him which shall removed to customs territory for disposal. drawal of other articles under this sec­ include: tion shall be made by the person desig­ (1) The proposed rate of transfer; Subpart E— Removal of Merchandise nated by the grantee on zone Form C (2) The identification of the carrier; From a Zone as the consignee. Except for articles de­ (3) The destination of the shipment; (4) Identification of the merchandise § 30.41 Direct exportation from a zone. scribed in the first sentence of this para­ graph the provisions of §§ 30.47 (b) by zone storage location, lot number, Regardless of its zone status, any mer­ through (f) and 30.48(b) relating to con­ marks and numbers of packages, descrip­ chandise in a zone may be exported di­ structive transfer are applicable whether tion, quantity, and zone status; and rectly therefrom upon compliance with or not the merchandise is zone restricted. (5) A notation as to any shortage the procedure prescribed in § 30.44 for (2) Bond. The withdrawal shall be or damage. the transfer of privileged domestic mer­ supported by a bond on customs Form If a form of tally prepared by the grantee chandise to customs territory. 7557, 7559, or 7595. for its own purposes contains the neces­ § 30.42 Supplies, equipment, and repair (3) Acceptance of withdrawal and re­ sary information, it may be accepted in material for vessels or aircraft. lease of merchandise. Upon acceptance lieu of the required description. of the withdrawal the district director ^ Applicability. Any article whi< (b) Permit of delivery. If the transfer shall note thereon the status of the mer­ is approved by the district director, the may be withdrawn duty and tax free chandise and shall release the merchan­ customs territory under section 309 original of the description shall be so dise to the grantee for delivery to the stamped to serve as a permit of delivery. Tariff Act of 1930, as amend« bonded cartman, lighterman, or carrier. ;i9 u -s-c- 1309, 1317) and §§ 10.1 The original and one copy shall be re­ lovi011^ °f this chapter may sim § 30.43 Transfer of merchandise from turned to the grantee. No document other riy be withdrawn from a zone, regar« one zone to another. than the permit of delivery shall be're­ ess of its zone status, under said statut (a) Privileged domestic merchandise. quired to release the merchandise to the , r?ft“a^°ns. Privileged domestic me The transfer of privileged domestic grantee and authorize its transfer into ahdise is not subject to the provisioi merchandise from one zone to another customs territory.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4962 RULES AND REGULATIONS

§ 30.45 Transfer of privileged foreign drawal, the district director shall release (2) Conditions for acceptance of with­ merchandise into customs territory. the merchandise to the grantee for de­ drawal. The district director shall not (a) Merchandise subject to the pro­ livery to the bonded carrier. accept zone withdrawals for products of visions of this section. The provisions of (5) Withdrawal for consumption at manipulation or manufacture of privi­ this section are applicable to privileged port of destination. A withdrawal for leged foreign merchandise until he has foreign merchandise which has not been consumption shall be made at the port definitely established that the merchan­ mixed, combined, or repacked in a zone. of destination on customs Form 7519 by dise actually exists in the zone in its final (b) Withdrawal for consumption at the person identified on zone Form B as form as described in the withdrawal and port where zone is located—(1) Applica­ the consignee (see § 30.21(c) (1)) or by that all other documents required to be tion for transfer. When merchandise a transferee designated on the with­ submitted with the withdrawal have been subject to the provisions of this section is drawal and approved by the grantee. The received. to be transferred to customs territory for withdrawal for consumption shall be (c) Withdrawal for transportation to consumption, a zone withdrawal shall be supported by the duplicate copy of the another port for withdrawal for con­ made on customs Form 7505 as an ap­ certificate described in subparagraph (3) sumption. When products subject to the plication for the transfer. of this paragraph and also by a bond on provisions of this section are to be trans­ (2) Who may make the withdrawal. customs Form 7551, 7553, or other ap­ ferred to customs territory for transpor­ The withdrawal shall be made by the per­ propriate form, when required, pursuant tation to another port for withdrawal son identified on zone Form B as the con­ to paragraph (b) (3) of this section. for consumption, a zone withdrawal for signee (see § 30.21(c) (1)) or by a trans­ (6) Payment of duties and taxes. The transportation clearly indicating the feree designated by an endorsement on applicant shall pay the liquidated duties status of the merchandise shall be made customs Form 7505 and approved by the and determined taxes, as assessed in the on customs Form 7512 as an application grantee. liquidation of the zone customs entry for the transfer. The provisions of para­ (3) Bond. The zone withdrawal shall (§ 30.21(c)), on the quantity of mer­ graph (b) (1) and (2) of this section and be supported by a bond on customs Form chandise being withdrawn. If the zone the procedure prescribed in § 30.45(c) 7551, 7553, or other appropriate form. A customs entry has not been liquidated, (2) through (6) shall be applicable. bond shall not be required when all the estimated duties and taxes shall be (d) Withdrawal for transfer into cus­ merchandise to be transferred to customs deposited. toms territory for exportation. When territory has been inspected, examined, (d) Withdrawal for transfer into cus­products subject to the provisions of this and appraised, has been found to comply toms territory for exportation. When section are to be transferred to customs with all laws and regulations governing merchandise subject to the provisions of territory for exportation, the procedure its admission into the commerce of the this section is to be transferred to cus­ prescribed in § 30.45(d) shall be appli­ United States, and there have been pro­ toms territory for exportation, a with­ cable. duced all documents for the production drawal for exportation, or for transporta­ (e) Articles produced or manufac­ of which a bond is required by law or tion and exportation, shall be made on tured in a zone returned to customs ter­ regulations if not filed at the time of customs Form 7512 by the person identi­ ritory after exportation. Articles pro­ entry. fied on zone Form B as the consignee duced or manufactured in a zone and (4) Payment of duties and taxes. The (see § 30.21(c) (1)) or by a transferee exported without having been trans­ applicant shall pay the liquidated duties designated by an endorsement on cus­ ferred to customs territory other than for and determined taxes, as assessed in the toms Form 7512 and approved by the exportation or for transportation and ex­ liquidation of the zone customs entry grantee. Upon acceptance of the with­ portation shall, on their return to cus­ (§ 30.21(c)), on the quantity of merchan­ drawal the district director shall note toms territory, be subject to the duties dise to be transferred. If the pertinent the status of the merchandise on the and taxes applicable to like articles of zone customs entry has not been liqui­ document, and release the merchandise wholly foreign origin, Unless it is con­ dated, estimated duties and taxes shall to the grantee for delivery to the carrier. clusively established that they were be deposited. produced or manufactured exclusively (5) Release of merchandise. Upon ac­ § 30.46 Transfer of products of ma­ with the use of privileged domestic mer­ ceptance of the withdrawal, the district nipulation or manufacture of privi­ chandise, the identity of which was director shall release the merchandise to leged merchandise into customs maintained in accordance with the per­ the grantee for delivery. territory. tinent provisions of these foreign-trade (c) Withdrawal for transportation to (a) Merchandise subject to the provi­ zone regulations, in which case they shall another port for withdrawal for con­ sions of this section. The provisions of be subject to the pertinent provisions of sumption—(1) Application for transfer. this section are applicable to products of schedule 8, part 1 of the Tariff Sched­ When merchandise subject' to the pro­ manipulation or manufacture in a zone ules of the United States. visions of this section is to be trans­ composed of or derived from privileged merchandise only, whether all foreign, or § 30.47 Transfer of zone-restricted ferred to customs territory for transpor­ merchandise into customs” territory. tation to another port for withdrawal partly foreign and partly domestic. for consumption, a zone withdrawal for (b) Withdrawal for consumption at (a) Types of entry. Zone-restricted transportation clearly indicating the port where zone is located. When prod­ merchandise may be returned to cus­ status of the merchandise shall be made ucts subject to the provisions of this toms territory only for entry for ex­ on customs Form 7512 as an application section are to be transferred to customs portation, for entry for transportation for the transfer. territory for consumption, a zone with­ and exportation, for destruction (except (2) Who may make the withdrawal for drawal shall be made on customs Form destruction of distilled spirits, wines and transportation. The withdrawal shall be 7505 as an application for the transfer, fermented malt liquors), for transfer made by the person identified on zone and the requirements of this paragraph from one zone to another, or for delivery Form B as the consignee (see § 30.21(c) and of § 30.45(b) shall be applicable. to a qualified vessel or aircraft or as (1)) or by a transferee designated by an (1) Documents required in support of ground equipment of a qualified aircraft endorsement on customs Form 7512 and the withdrawal—(i) Statement. A state­ under section 309 or 317 of the Tariff approved by the grantee. ment in the form of an invoice contain­ Act of 1930, as amended, unless the (3) Certification by district director ing the information required by § 30.32 Board has ruled that the return of the at zone port. The district director at the (d) (1) shall be filed with the withdrawal. merchandise, to customs territory for zone port shall issue a certificate, in trip­ (ii) Certificate of identification. When domestic consumption is in the public licate, describing the merchandise in its necessary to support the withdrawal, interest. If the return of zone-restricted present condition and certifying the application may be made to the dis­ merchandise to customs territory for amount of duties and taxes applicable trict director for a certificate on zone domestic consumption has been ruled by to the shipment. The duplicate copy of the Board to-be in the public interest, such certificate shall be given to the Form F covering identification, as withdrawer. shown by customs records, of the priv­ it may be entered for consumption, for (4) Release of merchandise for trans­ ileged merchandise used in the manipu­ warehousing, or for immediate trans­ portation. Upon acceptance of the with- lation or manufacture. portation without appraisement, unless

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4963 the Board has specified which of these such longer period as may be specified in sions of this section may be transferred forms of entry shall be made. a layorder issued by the district director from a zone for entry for consumption or, (b> Application for constructive upon the filing of a written application except in the case of articles composed transfer to customs territory. When on customs Form 3189 by the grantee, or of or derived in part from privileged zone-restricted merchandise is to be by the named consignee if approved by foreign merchandise, for entry for ware­ transferred to customs territory, the the grantee. If a customs entry or with­ housing subject to the treatment speci­ grantee shall file an application with drawal in proper form is not filed within fied in paragraph (e) of this section. the district director on zone Form C the time limit, the merchandise shall be (d) Supporting statement and certif­ naming the person who will be deemed considered as having been returned from icate. There shall be filed with each the consignee of the merchandise with constructive customs territory to the entry for articles described in paragraph the right to make entry or withdrawal zone. (a) (2) of this section a statement in the therefor upon its transfer to customs (3) If the return of zone-restrictedform of an invoice containing the infor­ territory. The application shall include merchandise to customs territory for mation specified in § 30.32(d) (1). When a complete identification of the mer­ consumption has been ruled by the Board necessary to support the entry, applica­ chandise as it entered the zone, includ­ to be in the public interest, the entry tion may be made for a certificate on ing lot numbers,- marks and numbers of shall be endorsed by the district direc­ zone Form F covering identification as the packages, status of each lot, descrip­ tor to show the authority under which shown by the customs records of any tion, and quantities. If any change in it was made, and that the merchandise is privileged domestic or privileged foreign respect of any of these items of identifi­ subject to the provisions of schedule 8, merchandise in the articles. cation occurred while the merchandise part 1 of the Tariff Schedules of the (e) Appraisement and tariff classifi­ was in the zone, the current information United States. Upon acceptance of an cation. Merchandise subject to the pro­ with respect to each such item shall also entry or withdrawal for any other zone- visions of this section, upon transfer be stated. The district director shall not restricted merchandise, the entry shall from a zone and entry for consumption accept a term application on Form C. be endorsed by a customs officer to show or for warehousing, either immediately (c) Constructive transfer. Upon the that actual exportation of the merchan­ or after transportation in bond, shall be approval by the district director of an dise is required by the fourth proviso to subject to appraisement and tariff classi­ application on zone Form C, the mer­ section 3 of the Act, as amended, and the fication in accordance with its character chandise shall be deemed to have been withdrawal endorsed to require delivery and condition at the time of its construc­ transferred to customs territory but to a qualified vessel or aircraft or as tive transfer to customs territory and, without physical removal from the zone. ground equipment of a qualified aircraft except for any different rates applicable For all customs purposes the merchan­ under section 309 or 3.17 of the Tariff Act to any privileged foreign merchandise dise shall be considered to have been of 1930, as amended. (See’§ 30.42.) . therein, to the rate or rates of duty and imported into customs territory at the (f) Release of merchandise. When atax in force at the time entry for con­ time of this constructive transfer. The consumption entry is accepted for zone- sumption or withdrawal from warehouse district director shall note on the appli­ restricted merchandise the district, direc­ for consumption is made (see § 8.4 (d) cation the date of constructive transfer tor shall release the merchandise to the and (g) of this chapter). The' value of and the zone status of the merchandise. grantee for delivery to the consignee. such products shall be determined in The constructively transferred merchan­ When any other entry or withdrawal is accordance with sections 402, 402-a, and dise shall be marked or labeled with the accepted for such merchandise, the re­ 500 of the Tariff Act of 1930, as amended initials “C.T.” lease of the merchandise by the district (19 U.S.C. 1401a, 1402, 1500), and the (d) Restoration to zone status. The director for physical removal to the des­ related provisions of law. merchandise may be restored to zon« ignated destination in customs territory (f) Liquidation. The consumption or status after it has been constructively or for direct exportation shall be in ac­ warehouse entry covering a product pro­ transferred to customs territory and be­ cordance with the customs regulations vided for in paragraph (a) of this sec­ fore the expiration of the time within as to merchandise imported into customs tion shall be liquidated in accordance which entry or withdrawal must be made territory, the zone grantee to be consid­ with part 16 of this chapter, except that (see paragraph (e) (2) of this section), ered as the importing carrier. in the case of articles described in para­ if: graph (a) (2) adjustment shall be made (1) A new, zone Form D is filed and § 30.48 Treatment of merchandise not for that part of the product which con­ elsewhere provided for in this subpart. the same procedure followed as if the sists of or has been derived from priv­ merchandise had then first arrived in (a) Merchandise not elsewhere pro­ ileged merchadise. the zone from or through customs terri­ vided for in this subpart includes. Mer­ tory (see § 30.12). The zone grantee shall chandise not elsewhere provided for in Annex to Revised P art 30 be deemed the carrier which brought the this subpart includes the following: PARALLEL REFERENCE TABLE merchandise into the port; or (1) Articles composed entirely of, or (This table shows the relation of sections in (2) The applicant arranges for the re­ derived entirely from, nonprivileged mer­ revised Part 30 to superseded 19 CPR Part delivery to the district director, prior to chandise, foreign or domestic. 30.) the filing of a customs entry, or. with­ (2) Articles composed in part of, or drawal, of the grantee’s copy of the zone derived in part from, nonprivileged mer­ Revised Superseded Form C with a request that it be s e c tio n s e c tio n chandise, domestic, or foreign, and in 30.0 ______N o n e . cancelled. part of or from privileged merchandise, 3 0 .1 (a ) ------N o n e. (e) Customs entry or vnthdrawal and domestic or foreign. 3 0 .1 (b ) ------30.1. time limitation. (1) The original of zone (3) Recoverable waste resulting from 3 0 .1 (c ) ------Footnote 4. Form C, when approved by the district the manipulation or manufacture in a 3 0 .1 (d ) ______N on e. director and endorsed by him with the zone of privileged foreign merchandise. 3 0 .1 (e) ______Footnote 2. 30.1(e)(1) ------Footnote 5. date of constructive transfer and the (b) Constructive transfer. When ar­ 30.1(e)(2) ------F o o tn o te 6. zone status of the merchandise, shall be ticles subject to the provisions of this 3 0 .1 (f) ------30.1. accepted as the equivalent of a bill of section are to be transferred from a 30.2 ______— N one. lading or carrier’s certificate to identify zone to customs territory, the procedure 30.3 ...... 3 0 .1 8 (a ). the person named in such Form C as the provided for in § 30.47 (b) through (f) 30.4 ______3 0 .1 8 (b ). consignee of the merchandise and its shall be followed, except that if the 30.5 ______3 0 .4 (a ). owner for customs purposes with the entry has not been filed in proper form 30.6 ------3 0 .5 (f). right to make entry or withdrawal. 3 0 .7 (a ) ______3 0 .3 (a ). before the expiration of the time allowed 3 0 .7 (b ) ------30.3 (c) and (d). (2) A customs entry or withdrawal for entry in § 30.47(e) (2), the merchan­ 3 0 .7 (c) ------3 0 .3 (b ).. shall be filed in proper form before 5 dise shall be deposited in general order 30.8 ______30.2. Pm. of the second working day after the storage in customs territory. 30.11 ______30.1. date of constructive transfer of the mer­ (c) Entry for consumption or ware­ 3 0 .1 2 (a ) ______30.4(c) and 30.5 (b) chandise. The time may be extended for housing. Articles subject to the provi­ a n d (e).

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 No. 45----- 5 4964 RULES AND REGULATIONS

PARALLEL REFERENCE TABLE---- C o n t i n u e d one of the criteria set forth in paragraph Revised Superseded Title 22— FOREIGN RELATIONS *(a) of this section. section section * * * * * Chapter I— Department of State 30.12(b)(1) ...... _ 30.5(d) and Foot- (3) A separate record shall be made n o te 7. . [Dept. Reg. 108.602] of a spouse or child entitled to immigrant 30.12(b) (2) ______3 0 .5 (d ). PART 42— VISAS: DOCUMENTATION status derivatively whenever it is deter­ 30.12(c)(1) ______3 0 .5 (c ). mined that the principal alien intends to 30.12(c)(2) ______3 0 .4 (a ). OF IMMIGRANTS UNDER THE IM­ precede his family. 30.12(c)(3) ______3 0 .6 (e ). MIGRATION AND NATIONALITY 30.13 ______3 0 .5 (c ). 2. Section 42.62 is amended as follows: 30.14 ______3 0 .5 (b ). ACT, AS AMENDED 30.15 ______- 3 0 .5 (g ). § 42.62 Priority date of individual appli­ 3 0 .2 1 (a ) ______3 0 .6 (b ). Consular Records of Visa Applica­ cants. 3 0 .2 1 (b ) ______3 0 .6 (b ). tions and Priority Date of Indi­ * * * * * 3 0 .2 1 (c) ______3 0 .6 (b ). vidual Applicants (b) The priority date of other appli­ 30.21(c)(1) ______- 30.6( j). 30.21(c)(2) ______3 0 .6 (d ). Part 42, Chapter I, Title 22 of the cants shall be— 30.21(c)(3) ______- 3 0 .6 (b ). Code of Federal Regulations is being (1) The date that an individual labor 30.21(c) (3) (1) ____ _ 3 0 .6 (f). amended to make §§ 42.61 and 42.62 certification under section 212(a) (14) of 30.21(c) (3) (ii) ______30.6 (f) a n d ( g ) . conform with revised Department of the Act has been granted for the appli­ 30.21(c) (3) (Iii) ____ _ 3 0 .6 (b ) a n d F o o t- Labor regulations, and to provide in cant, or ' n o te 9. § 42.62 for derivative priority status. (2) The date of the receipt by the 30.21(c) (3) (iv ) ______3 0 .6 (b ). 1. Section 42.61 is amended as follows: consular officer of evidence sufficient to 30.21(c)(3)(v) ______3 0 .6 (b ). satisfy him that— 3 0 .2 1 (d ) ______3 0 .6 (c ). § 42.61 Consular records of visa appli­ 3 0 .2 1 (e) ______- 3 0 .6 (1 ). cations. (i) The applicant is within one of the 3 0 .2 1 (f) ______3 0 .6 (e ). professional or occupational groups 3 0 .2 2 (a ) ______30.7 and Footnote (a) Waiting lists. Consular officers at listed in Schedule A (29 CFR '60.2(a) 10. Foreign Service posts designated to is­ (1)) or is within one of the occupations 3 0 .2 2 (b ) ______30.7. sue immigrant visas shall maintain rec­ 3 0 .2 2 (c) ______30.7. listed in Schedule C—Precertification 3 0 .2 2 (d ) _ 30.7 a n d F o o tn o te ords of individual immigrant visa appli­ List of the Department of Labor referred 10. cants who are entitled to immigrant to in 29 CFR 60.3 (c), or 30.23 ______30.8 a n d F o o tn o te classification and their priority dates, (ii) The applicant has a relationship 11. which shall constitute “waiting lists” to a U.S. citizen or resident alien which 30.24 ______30.9. within the meaning of section 203 of the statutorily exempts him from the pro­ 3 0 .2 5 (a ) ______3 0 .1 0 (a ) a n d F o o t- Act and which shall indicate the chrono­ visions of section 212(a) (14), or n o te 12. logical and preferential order in which 8 0 .2 5 (b ) ______- 30.10(a). consideration may be given to immigrant (iii) Circumstances specified in § 42. 30.25(c)(1) ______- 30.10(c). 91(a) (14) (ii) are applicable to the ap­ 30.25(c) (2) ______3 0 .1 0 (b ). visa applications within the several im­ plicant and that he is therefore not 3 0 .2 5 (d ) ______- 30.10(d). migrant classifications subject to the within the purview of section 212(a) (14) 3 0 .3 1 (a ) - 30.11(a). numerical limitations specified in sec­ of the Act. 3 0 .3 1 (b ) ______30.11(b). tions 201, 202, and 203 of the Act and 3 0 .3 1 (c) ______3 0 .1 1 (c ). section 21(e) of the Act of October 3, (c) Notwithstanding the provisions of 3 0 .3 2 (a ) ______- 30.12 (a) and (b). 1965, or within the classes described paragraphs (a) and (b) of this section, 3 0 .3 2 (b ) ______3 0 .1 2 (c ). in section 201(b) or 101(a) (27) (B) an alien who, before February 1, 1966, 3 0 .3 2 (c) ______- 30.12(d). through (E) which are not subject to was registered as an unqualified non­ 3 0 .3 2 (d ) ______3 0 .1 2 (e ). preference registrant and who subse­ 30.32(d) (1) (vi) ____ _ 30.12(e)(6). numerical limitations. An alien is en­ 3 0 .3 3 (a ) ______titled to immigrant classification if he — quently qualified under the provisions _ 30.13 (a ) a n d ( b ) . of section 212(a) (14) under Departmen­ 3 0 .3 3 (b ) ______3 0 .1 3 (c ). (1) Is the beneficiary of an approved 30.41 ______- 30.15. petition according him immediate rela­ tal regulations in effect at that time, or 30.42 - 30.16. tive or preference status, or any alien who between February 1, 1966, 3 0 .4 3 (a ) ______- 30.17(c). and July 1, 1968, qualified for registra­ 30.43(b) (1) ______3 0 .1 7 (a ). (2) Has obtained an individual labor tion as a nonpreference immigrant under 30.43(b) (2) ...... - 30.17(b). certification, or Departmental regulations in effect at 3 0 .4 4 (a ) ______3 0 .1 4 (a ). (3) Has satisfied the consular officer that time, may retain his original priority 3 0 .4 4 (b ) ______- 30.14(a). that he— date until such time as a nonpreference 3 0 .4 5 (a ) ...... _ 30.14(b). (i) Is entitled to special immigrant 3 0 .4 5 (b ) ______30.14(b). status under section 101(a) (27) (B) visa shall become available for his use: 3 0 .4 5 (c) Provided, however, That no alien shall - 30.14(d). through (E) of the Act, or 3 0 .4 5 (d ) ______30.14(e). be given a priority date earlier than Jan­ 3 0 .4 6 (a ) ______30.14(c). (ii) Is within one of the professional uary 1,1944. 3 0 .4 6 (b ) ______30.14(c). or occupational groups listed to Sched­ (d) Notwithstanding the provisions of 30.46 (c) .. 3 0 .1 4 (d ). ule A of the Department of Labor regu­ 3 0 .4 6 (d ) ______30.14(e). lations (29 CFR 60.2(a) (1)) or is within paragraphs (a) and (b) of this section, a 3 0 .4 6 (e) ______30.14(0). one of the occupations listed in Schedule spouse or child of a principal alien ac­ 3 0 .4 7 (a ) ______3 0 .1 4 (n ). C—Precertification List of the Depart­ quired prior to his admission into the 3 0 .4 7 (b ) ______30.14 (g) and (n). ment of Labor referred to in 29 CFR United States is entitled to the priority 3 0 .4 7 (c) ______3 0 .1 4 (h ). 60.3(c), or date of the principal alien, whether or 3 0 .4 7 (d ) ______3 0 .1 4 (i) ( 1 ) . not named in the immigrant visa ap­ 30.47(d) (1) ______3 0 .1 4 (i) ( 1 ) . * (iii) Has a relationship to a U.S. cit­ plication of the principal alien. A child 30.47(d) (2) ______30.14(1) (2). izen or resident alien which statutorily bom of a marriage which existed at the 30.47(e) (lj ______30.14 (h) and (j). exempts him from the provisions of sec­ time of the principal alien’s admission 30.47(e)(2) ______30.14(i) (1) and tion 212(a)(14), or to the United States is considered to 3 0 .1 4 (n ). (iv) Is within one of the classes de­ have been “acquired” prior to the prin­ 30.47(e)(3) ______- 30.14(n). scribed in § 42.91(a) (14) (ii) and that cipal alien’s admission. 3 0 .4 7 (f) ______. 30.14(b). he is therefore not within the purview of 3 0 .4 8 (a ) ______30.14(1). section 212(a) (14) of the Act. Effective date. The amendments to the 3 0 .4 8 (b ) ______- 30.14(g). (b) When record shall be made. (1)A regulations contained in this order shall 3 0 .4 8 (c) ______. 30.14(1). record that an alien is an immigrant become effective upon publication in the 3 0 .4 8 (d ) ______30.14(1). visa applicant shall be made on Form F ed e r a l R e g is t e r . 3 0 .4 8 (e) ...... - 30.14(1). FS-499 (Immigrant Visa Control Card) The provisions of the Administrative 3 0 .4 8 (f) ...... _ 30.14 (m). whenever the consular officer receives Procedure Act (80 Stat. 383 ; 5 U.S.C. [F.R. Doc. 69-2800; Filed, Mar. 6, 1969; evidence that the alien is entitled to an 553) relative to notice of proposed rule 8 :5 0 a .m .] immigrant classification pursuant to any making are inapplicable to this order

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4965 because the regulations contained herein subparagraph (3) Ci) and (ii) of this hospital and requests reimbursement. involve foreign affairs functions of the paragraph. Payment to physicians and other profes­ United States. (5) Civilian seamen in the service of sional or paramedical personnel who bill (Sec. 104, 66 Stat. 174; 8 U.S.C. 1104) vessels operated by the Department of independently of the hospital will not be the Army. refused solely because their services were B arbara M. W a t s o n , (6) Civilian employees of the Army provided in an ineligible hospital. Administrator, Bureau of Security limited to those occupational health (2) Before payment is denied for care and Consular Affairs. services authorized in AR 40-5. obtained by an Army beneficiary in an M arch 3, 1969. (7) Individuals who suffered personal ineligible hospital, the approving au­ injury or contracted disease in line of thority will review the case to determine [F.R. Doc. 69-2789; Filed, Mar. 6, 1969; duty at a time when they were members whether unusual circumstances exist 8:5 0 a.m :] of the Citizens Military Training Corps. which may justify payment of the bill. (8) U.S. nationals confined in foreign Examples of unusual circumstances penal institutions. which may justify payment are a bona (9) Applicants for appointment in the fide emergency, absence of an eligible Title 32— NATIONAL DEFENSE Regular Army, and Reserve components hospital within reasonable distance, and Chapter V— Department of the Army inlcuding those members of the Reserve admission of a patient to an ineligible components applying for active duty who hospital for short-term inpatient care SUBCHAPTER F— PERSONNEL require hospitalization to determine prior to the effective date of ineligibility PART 577— MEDICAL AND DENTAL medical fitness for appointment, subject and treatment continues beyond that ATTENDANCE to the restrictions contained in para­ date. If it is found that unusual circum­ graph 20, AR 40-3. stances exist, the bill with a statement Medical Attendance and Dependents’ (10) Foreign nationals who are mem­ of the circumstances will be forwarded to Medical Care bers of the Army of one of the NATO The Surgeon General, Attention: nations listed in paragraph 25a (1), AR MEDDD-OP, for review and forwarding 1. Section 577.3 is revised to read as40-3, and who, in connection with their to the Department of Defense for follows: official duties, are stationed in or passing decision. § 5 7 7 .3 Medical care from civilian through the United States. (This provi­ 2. In § 577.60, a new subparagraph sources. sion is applicable to authorized civilian (4) is added to paragraph (c), to read (a) For whom authorized. Subject to medical care obtained on and after as follows: the restrictions referred to in paragraph July 1,1963.) 71, AR 40-3, personnel listed below will (11) For conditions under which de­ §577.60 General. be provided medical care when available pendents of individuals Lsted in sub- ***** from civilian sources at the expense of paragraph (10) of this paragraph are (c) Administration. * * * Army funds. Care by civilian sources is provided civilian medical care, see AR (4) Benefits not authorized in civilian authorized when it cannot be provided 40-125. facilities found to practice discrimina­ by medical treatment facilities of the (12) Retired Army members on the tion. (i) Except as provided in subdivi­ Armed Forces or by other Federal medi­ Temporary Disability Retired List who sion (iii) of this subparagraph, payment cal treatment facilities, except as indi­ require periodic medical examinations, to cannot be made for inpatient or outpa­ cated in that portion of subparagraph include hospitalizaton wljen necessary tient care provided in and billed by ci­ (13) of this paragraph which pertains to in connection therewith, retroactive to vilian facilities found by the Department hospitalization for persons interned by January 14, 1963. (The provisions of of Defense to practice discrimination in the Army. §§ 577.60-577.71 are not applicable to the admission and/or treatment of pa­ Note: Except as provided in subparagraph examinations authorized by this tients on the basis of race, color or na­ (12) of this paragraph, members are not pro­ subparagraph.) tional origin and reimbursement cannot vided civilian medical care under the provi­ (13) Prisoners of war, retained per­ be made to an eligible patient who pays sions of this section. Such members are au­ sonnel, persons interned by the Army, for care in such a facility and submits thorized civilian medical care under the and other persons in military custody or a claim for reimbursement. This policy provisions o f §§ 577.60— 577.71. confinement. (Persons interned by the is applicable in the States of the United (1) Members of the Army and Reserve Army will be provided hospitalization at States, the District of Columbia, Puerto components included in paragraphs 7 medical treatment facilities of the Armed Rico, Virgin Island, American Samoa, and 8, AR 40-3, subject to the restrictions Forces only in the absence of adequate Guam, Wake Island, Canal Zone, and the contained therein. Such care will not be civilian facilities pursuant in paragraph territories and possessions of the United authorized for persons who are absent 42, AR 633-51.) States. This restriction on payment ap­ without authority. (14) Labor Service personnel .in plies to bills submitted by ineligible fa­ (2) Members of, and designated appli­ France. cilities for all care otherwise authorized cants for enrollment in, the Army Senior (b) Exclusion of hospitals which prac­ by §§ 577.60—577.71, including benefits Reserve Officers’ Training Corps subject tice discrimination.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4966 RULES AND REGULATIONS might justify recommending payment. tient care under the program. He will 7. In § 577.70, the caption is amended, Examples of unusual circumstances in­ also explain to the patient that, except introductory text is added, and the list clude, but are not limited to the in unusual circumstances, payment will is changed for States indicated: following: not be made by the Government for care (a) Emergency care. provided in and billed by a civilian fa­ § 577.70 Fiscal agents. (b) Care rendered in an ineligible fa­ cility which is on the ineligible list and For civilian health benefits obtained cility because of the absence of an eligible will not reimburse a patient who pays within the United States, Puerto Rico, facility within a reasonable distance for care in such a facility and subse­ Canada, and Mexico, the following fiscal (see § 577.63(b) (1) (vi)). quently submits a claim for reimburse­ agents are responsible for issuance of (c) Extended care for chronic condi­ ment. (See §§ 577.60(c)(4) and 577.71). outpatient deductible certificates, pay­ tions, nervous, mental, or emotional dis­ $ .4 5 4c 4s ' 4c ment of claims for benefits provided by orders, and for treatment under the 4. In § 577.64, a new subparagraph (4) civilian sources of care (other than hos­ Handicapped Program when a plan for is added to paragraph (g), as follows: pitals), and payment of claims for re­ management of the condition had been imbursement of Government’s share of approved prior to the effective date of § 577.64 Health benefits at facilities of reasonable charges for inpatient and ineligibility of the facility and when the the uniformed services. outpatient care: 4c 4c 4e 4« 4e attending physician determines that a * 4c * * 4t change in the treatment facility would (g) Care beyond the capabilities of the Arkansas be detrimental to the patient. medical facility. * * * Arkansas Blue Cross and Blue Shield, Inc., (d) Short-term care which was ini­ (4) The Government may not pay for 601 Gaines Street, Little Rock, Ark. 72203. tiated prior to the effective date of in­ care under subparagraphs (2)"and (3) eligibility and continued beyond the of this paragraph if provided at and ***** ineligibility date. billed by facilities which have been found Connecticut (iv) Claims in connection with careby the Department of Defense to prac- ♦Connecticut General Life Insurance Co., provided in facilities on the ineligible list . tice discrimination in the admission Hartford, Conn. 06115. which indicate that unusual circum­ and/or treatment of patients. (See ***** stances existed must be approved for §§ 577.60(c) (4) and 577.71.) F lorida 4« 4c 4c ^ 4c 4« payment by the Secretary of Defense or Blue Shield of Florida, Inc., 532 Riverside Secretary of Health, Education, and Wel­ 5. In § 577.65, paragraph (a) (2) and Avenue, Jacksonville, Fla. 32201 or Post fare, as appropriate. When unusual cir­ the introductory text of paragraph (b) Office Box 2170, Jacksonville, Fla. 32203. cumstances appear to justify the pay­ are revised to read as follows: ment of such claims, the Executive ***** Director, OCHAMPUS, or, as appropri­ § 577.65 Civilian health benefits for de­ Louisiana pendents and retired members. ate, the Oversea commander, will forward ♦Continental Service Life & Health Insur­ the claim, together with his recommen­ (a) Eligibility for civilian health ance Co., Post Office Box 3397, Baton Rouge, dation, to the Surgeon General concerned benefits. * * La. 70821. for review and forwarding to the appro­ (2) Individuals will be cautioned that, ***** priate Secretary for decision. Such claims unless unusual circumstances exist (see Massachusetts must include a statement indicating the § 577.60(c) (4)), the Government will not Massachusetts Medical Service and Massa­ unusual circumstances. pay for either inpatient or outpatient chusetts Blue Cross, Inc., 133 Federal 3. In § 577.63(b), the introductory textcare provided in and billed by a facility Street, Boston, Mass. 02106. of subparagraph (1) and subdivision (i) which appears on the ineligible list * ♦ 45 4> 4« (§ 577.71). Also, when seeking civilian are revised to read as follows: innesota . health benefits, the eligible person should M § 577.63 Source of health benefits for ascertain that the source of care will ♦Minnesota Medical Service, Inc., 2344 Nicol­ dependents and retired members. participate in the Civilian Health and let Avenue, Minneapolis, Minn. 55404. • * * * * Medical Program of the Uniformed Serv­ * * * * * (b) Administration of limitation on ices. If the source of care does participate Nebraska civilian inpatient care—(1) - In the in the program, the patient is not re­ Nebraska Medical Service, CHAMPUS De­ United States and Puerto Rico. A DD sponsible for payment of any amount partment, Main Post Office Station, Post Form 1251 (Nonavailability Statement— for authorized benefits except as specified Office Box 3248, Omaha, Nebr. 68103, or 518 Dependents Medical Care Program) nor­ in paragraph (i) of this section. Kilpatrick Building, Omaha, Nebr. 68102. mally, will be furnished spouses and chil­ (b) Civilian health benefits authorized * * * * * dren of active duty members residing dependents and retired members. Au­ New Mexico with their sponsor in the United States thorized civilian health benefits include Surgical Service, Inc. of New Mexico, 12800 or Puerto Rico when needed inpatient but are not limited to, the following pro­ Indian School Road NE„ Albuquerque, care cannot be provided them in a uni­ vided the benefits are not furnished in a N. Mex. 87112. formed services facility within reason­ civilian facility which has been found able distance of their residence. Each DD by the Department of Defense to prac­ New York Form 1251 issued will be annotated under tice discrimination: United Medical Service, Inc., 2 Park Avenue, “Remarks” as follows: “Any nonemer­ ***** New York, N.Y. 10016. gency medical care obtained through the 6. In § 577.67, the introductory text North Carolina use of this statement must be in hospitals of paragraph (d) is revised to read as which do not discriminate in their ad­ follows: North Carolina Blue Cross & Blue Shield, mission and treatment practices on the Inc., Chapel Hill, N.C. 27514. basis of race, color, or national origin.” §577.67 Handicapped program. North Dakota ♦ ♦ * 4« 4c The form (four part set) will be signed North Dakota Physicians Service, 301 Eighth by the issuing officer. Three copies will (d) Services authorized. The follow­ Street South, Fargo, N. Dak. 58102. be furnished the patient: One to be given ing services are authorized with respect * * * * * to the attending physician, one to the to the dependent’s handicapping condi­ civilian hospital, and one to be retained tion provided the services are not fur­ Virginia by the patient. The remaining copy will nished in and billed by a civilian facility (Excludes Arlington and Fairfax C o u n t i e s , be retained by the issuing authority. which has been found by the Depart­ and the city of Alexandria which are (i) The issuing authority will explain ment of Defense to practice discrimina­ served by the fiscal agent for the D i s t r i c t of Columbia.) to the patient that the DD Form 1251 is tion in the admission and/or treatment Virginia Medical Service Association, 2015 for immediate use and must be presented of patients on the basis of race, color or Staples Mill Road or Post Office Box 656, to the civilian sources of care if the de­ national origin (see § 577.60(c) (4)): Richmond, Va. 23205. pendent chooses to seek civilian inpa­ ***** • * * * *

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 RULES AND REGULATIONS 4967

Wisconsin § 207.160 All waterways tributary to the be made at the maximum rate possible Wisconsin Physicians’ Service, 330 East Atlantic Ocean south of Chesapeake through the river outlet works and the Lakeside Street, Madison, Wis. 53705, or Bay and all waterways tributary to the uncontrolled spillway and continued Post Office Box 1109, Post Office Box 1787. Gulf of Mexico east and south of St. until the pool recedes to elevation * * * * * Marks, Fla.; use, administration, and 1049.4 when releases shall be made to 8. A new § 577.71 is added, to read as navigation. equal inflow or the maximum release follows: * * * * , * permissible under paragraph (a) of this (d) Bridges. (For regulations govern­section, whichever is greater. § 577.71 Civilian facilities which have ing the operation of bridges, see §§ 117.1, (c) The representative of the Bureau been identified by the Department of Defense as practicing discrimination 117.240 and 117.245 of this title:) of Reclamation or its designated agent in the admission and/or treatment of * * * * * in immediate charge of operation of the patients. [Regs. Feb. 16, 1969, 1507-32 (Waters tribu­ Norman Dam shall furnish daily to the tary to Atlantic Ocean and Gulf of Mexico)- District Engineer, Corps of Engineers, ENGCW-ON] (Sec. 7, 40 Stat. 266; 33 Department of the Army, in charge of Effective Effective Hospital date of - date U .S.C . 1) the locality, a report, on forms provided ■ ineligi- eligibility by the District Engineer showing the bility restored For the Adjutant General. pool elevation; the number of river out­ H aro ld S h a r o n , let works gates in operation with their Choctaw Coonty General Chief, Legislative and Precedent respective openings and releases; uncon­ Hospital, Butler, Ala___Oct. 16,1968 Fifth Avenue General Branch, Management Divi­ trolled spillway release; municipal Hospital, Huntsville, sion, TAGO. pumping rate; storage; tail water ele­ Ala______do...... St. Francis Hospital, [F.R. Doc. 69-2740; Filed, Mar. 6, 1969; vation; reservoir inflow; available evap­ Monroe, La______...d o ...... Nov. 4,1968 8 :4 6 a.m .] oration data; and precipitation in Greenwood Leflore Hos- .pital, Greenwood, Miss_____ do______inches. Normally, a reading at 8 a.m., Covington County Hos­ noon, 4 p.m. and midnight, shall be pital, Collins, Miss...... do...... - - PART 208— FLOOD CONTROL shown for each day. Whenever the res­ East Bolivar County Hos­ pital, Cleveland,' Miss...... d o ...... Oct. 25,1968 REGULATIONS ervoir level rises to elevation 1039 and Tuomey Hospital, releases for flood regulation are neces­ Sumter, S.C.______do^______Norman Dam and Lake Thunderbird, Hampton General Hos­ sary or appear imminent, the repre­ pital, Vamville, S.C____Nov. 16,1968 Little River, Okla. sentative of the Bureau of Reclamation Pursuant to the provisions of section or its designated agent, shall report at [C 17, AR 40—3 and C l.A E 40-121] once to the District Engineer by tele­ 7 of the Act of Congress approved De­ phone or telegraph and, unless other­ (Sec. 3012, 70A Stat. 157, secs. 1071-1085, d2 cember 22, 1944 (58 Stat. 890; 33 U.S.C. wise instructed, shall report once daily Stat. 1445-1450; 10 U.S.C. 1071-1085, 2013) 709), the following regulations are thereafter in that manner until the res­ For the Adjutant General. hereby prescribed to govern the use off ervoir level recedes to elevation 1039. the flood control storage above eleva­ These latter reports shall reach the Dis­ H arold S h a r o n , tion 1039 in Lake Thunderbird on Little trict Engineer by 9 a.m. each day. Chief, Legislative and Precedent River, Okla., and the operation of Nor­ Branch, Management Divi­ man Dam for flood control purposes. (d) The regulations of this section, sion, TAGO. insofar as they govern use of flood con­ § 208.34 Norman Dam and Lake Thun­ trol storage capacity above elevation [F.R. Doc. 69-2739; Piled, Mar. 6, 1969; derbird, Little River, Okla. 8 :4 6 a.m .] 1039.0, are subject to temporary modifi­ The Bureau of Reclamation, or its des­ cation in time of flood by the District ignated agent, shall operate Norman Engineer if found desirable on the basis Dam and Lake Thunderbird in the in­ of conditions at the time. Such desired terest of flood control as follows: modifications shall be communicated to Title 33^— NAVIGATION AND (a) Flood control storage in Lake the representative of the Bureau of Rec­ Thunderbird between elevation 1039 (top lamation and its designated agent in NAVIGABLE WATERS of the conservation pool) and elevation immediate charge of operations of the Norman Dam by any available means of Chapter II— Corps of Engineers, 1049.4 (top of flood control pool) ini­ tially amounts to 76,600 acre-feet. When­ communication, and shall be confirmed Department of the Army ever the reservoir level is within this in writing under date of the. same day to the Regional Director in charge of the PART 207— NAVIGATION elevation range the flood control dis­ charge facilities at Norman Dam shall locality, and his designated agent, with REGULATIONS be operated under the direction of the a copy to the representative in charge of the Norman Dam. Waterways Tributary to Atlantic District Engineer, Corps of Engineers, Department of the Army, In charge of (e) Flood control operation shall not Ocean and Gulf of Mexico the locality, so as to reduce as much as restrict pumping necessary for municipal Pursuant to the provisions of section practicable the flood damage below the and industrial uses and releases neces­ 7 of the River and Harbor Act of August reservoir. In order to accomplish this sary for downstream users. 8, 1917 (40 Stat. 266; 33 U.S.C. 1), § 207. purpose, flood control releases shall be (f) Releases made in accordance with 16ft. governing the use, administration, limited to amounts which, when com­ the regulations of this section are sub­ and navigation of all waterways tribu­ bined with local inflows below the dam, ject to the condition that releases shall tary to the Atlantic Ocean south of will not produce flows in excess of bank- not be made at rates or in a manner that Chesapeake Bay and to the Gulf of Mex­ full on the "Little River downstream of would be inconsistent with emergency ico east and south of St. Marks, Fla., is the reservoir. Controlling bankfull requirements for protecting the dam and hereby amended revising paragraph (d) stages and corresponding flows, as pres­ reservoir from major damage or incon­ to revoke the bridge regulations in sub- ently estimated, are as follows: A 7.5- sistent with the safe routing of the inflow paragraphs (1)-(3) and to include a foot stage (1,800 c.f.s.) on the U.S.G.S. design flood (spillway design flood). reference to the regulations of the U.S. gage on Little River near Tecumseh, (g) The discharge characteristics of Coast Guard applicable to the operation Okla., river mile 77.2 and a 17-foot stage the river outlet works (capable of dis­ of bridges, effective upon publication in (6,500 c.f.s.) on the U.S.G.S. gage on charging approximately 5,400 c.f.s. with the F ederal R e g is t e r , since the promul­ Little River near Sasakwa, Okla., river the reservoir level at elevation 1039.0) gation of regulations to govern the oper­ mile 24.1. shall be maintained in accordance with ation of bridges is now the responsibility (b) When the reservoir level in Lake the construction plans (Bureau of Rec­ °f the Department of Transportation Thunderbird exceeds elevation 1049.4 lamation Specifications No. DC-5793 as (U.s. Coast Guard), as follows: (top of flood control pool), releases shall revised by the “as built drawings”).

FEDERAL REGISTER, VOL. 34. NO. 45— FRIDAY, MARCH 7, >969 4968 RULES AND. REGULATIONS (h) All elevations stated in this sec­ will not be inconsistent with the opera­ tion are at Norman Dam and are referred tion and maintenance of the reservoirs to the datum in use at that location. for their-primary purposes, hereby pre­ [Regs., Jan. 31, 1969, ENGCW-EY] (See: 7, scribes rules and regulations for their 58 Stat. 890; 33 U.S.C. 709) public use, pursuant to the provisions of section 4 of the Flood Control Act of For the Adjutant General. 1944 (76 Stat. 1195) as follows: H aro ld S h a r o n , 1. The Okatibbee Reservoir, Miss., is Chief, Legislative and Precedent added to those listed in § 311.1, as Branch, Management Divi­ follows: _ „ sion, TAGO. §311.1 Areas covered. [F.R. Doc. 69-2741; Filed, Mar. 6, 1969; * * * * * 8 :4 6 a.m .j Mississippi * * * * * Okatibbee Reservoir, Okatibbee Greek., Title 36— PARKS, FORESTS, * * * * * 2. The Holt Lock and Dam, Ala., is AND MEMORIALS added to the list in § 326.1(c), as follows: § 326.1 Areas covered. Chapter III— Corps of Engineers, * * * * ♦ Department of the Army (C) * * * PART 311— PUBLIC USE OF CERTAIN Alabama RESERVOIR AREAS * * * * * Holt Lock and Dam, Warrior River. PART 326— PUBLIC USE OF CERTAIN * * * * * NAVIGABLE RESERVOIR AREAS [Regs., Dec. 17, 1968, ENGCW-OM] (Sec. 4, Okatibbee Reservoir, Miss., and 58 Stat. 889, as amended; 16 U.S.C. 460d) Holt Lock and Dam, Ala. For the Adjutant General. The Secretary of the Army having . H arold S h a r o n , determined that the use of the follow­ Chief, Legislative and Prece­ ing reservoir areas by the general pub­ dent Branch, Management lic for boating, swimming, bathing, fish­ Division, TAGO. ing, and other recreational purposes will [F.R. Doc. 69-2742; Filed, Mar. 6, 1969; not be contrary to the public interest and 8 :4 6 a.m .]

FEDERAL REGISTER, V O L 34, NO. 45— FRIDAY, MARCH 7, 1969 4969 Proposed Rule Making

file, with the committee each fiscal per [ 7 CFR Part 959 ] DEPARTMENT OF AGRICULTURE riod, accurate reports showing the total amount of oranges and grapefruit [Docket No. AO-322—A2] Consumer and Marketing Service handled by them during specified ONIONS GROWN IN SOUTH TEXAS periods. [ 7 CFR Part 906 1 The proposed rules and regulations Notice of Recommended Decision and ORANGES AND GRAPEFRUIT GROWN are as follows: Opportunity To File Exceptions With Respect to Proposed Amendment of IN LOWER RIO GRANDE VALLEY § 906.121 Reestablishment of districts. Marketing Agreement and Order IN TEXAS The three districts of the production area specified in § 906.20 Districts are Pursuant to the rules of practice and Notice of Proposed Additions to procedure governing proceedings to for­ Rules and Regulations re-established as a single district com­ prising the entire production area. mulate marketing agreements and mar­ Notice is hereby given that the Depart­ keting orders, as amended (7 CFR Part ment is considering additions, as here­ § 906.122 Changes in member and alter­ 900), notice is hereby given of the filing inafter set forth to the rules and regula­ nate member apportionment on the with the Hearing Clerk of this recom­ tions (Subpart—Rules and Regulations), committee. mended decision with respect to a pro­ pursuant to § 906.21 and other applica­ The representation or membership on posed amendment of Marketing Agree­ ble provisions of the marketing agree­ the Texas Valley Citrus Committee is Re­ ment No. 143 and Order No. 959 both ment, as amended, and Order No. 906, as apportioned to provide for the nomina­ as amended (7 CFR Part 959), herein­ amended (7 CFR Part 906), regulating tion and selection from the district, as after referred to collectively as the “or­ the handling of oranges and grapefruit reestablished in § 906.121 pursuant to der,” regulating the handling of onions grown in the Lower Rio Grande Valley § 906.21 of (a) four producer members grown in designated counties in South in Texas, effective under applicable pro­ and their respective alternates represent­ Texas. This regulatory program is effec­ visions of the Agricultural Marketing ing producers who market their fruit tive pursuant to the provisions of the Agreement Act of 1937, as amended (7 through cooperative marketing organiza­ Agricultural Marketing Agreement Act of U.S.C. 601-674). The additional rules and tions; (b) five producer members and 1937, as amended (7 U.S.C. 601-674), regulations were proposed by the Texas their respective alternates representing hereinafter referred to as the “act.” Valley Citrus Committee, established independent producers; (c) two handler Interested persons may file written ex­ under said amended marketing agree­ members and their respective alternates ceptions to this recommended decision in ment and order as the agency to adminis­ representing cooperative marketing or­ quadruplicate with the Hearing Clerk, ter the terms and provisions thereof. ganizations; and (d) four handler mem­ U.S. Department of Agriculture, Room The first proposal is to re-establish the bers and their respective alternates rep­ 112, Administration Building, Washing­ three districts within the production area resenting independent handlers. ton, D.C. 20250, not later than the close as a single district. The committee re­ of business on the 10th day after its pub­ ports among other things, that produc­ § 906.151 Reports. lication in the F e d e r a l R e g is t e r . All such tion shifts within the production area During each fiscal period, each handler communications will be made available have made the districts as now estab­ shall upon request by the committee file for public inspection at the office of the lished inequitable, and since the promul­ with the committee within the time spec­ Hearing Clerk during regular business gation of the marketing agreement and ified in the request an accurate report hours (7 CFR 1.27(b)). order program, producers have become showing the total quantity of oranges Preliminary statement. The public knowledgeable as to the production and and the total quantity of grapefruit re­ hearing, on the record of which the pro­ marketing of citrus throughout the pro­ ceived by him during such fiscal period posed amendment of the order was duction area. Furthermore, the produc­ or the preceding fiscal period, as formulated, was held in Edinburg, Tex., tion area is compact and relâtively small. requested. December 18, 1968, pursuant to notice Also, regulations established under the thereof published in the November 23, All persons who desire to submit writ­ 1968, issue of the F ed e r a l R e g is t e r (33 marketing order program are applicable ten data, views, or arguments for con­ F.R. 17359). The notice set forth pro­ throughout the production area. sideration in connection with the pro­ posed amendments to thé order which The second proposal relates to equita­ posal may file the same, in quadruplicate, were submitted, with a request for a ble reapportionment of the members and with the Hearing Clerk, U.S. Department hearing thereon, by the South Texas alternate members of the committee on of Agriculture, Room 112, Administration Onion Committee, the administrative the bases, among others, that the in­ Building, Washington, D.C. 20250, not agency established pursuant to the order crease in the amount of fruit handled by later than the 30th day after publication and hereinafter referred to as the “com­ the cooperative marketing organizations of the notice in the F ed e r a l R e g is t e r . All mittee.” in the various districts relative to that written submissions made pursuant to Material issues. The material issued handled by independent handlers war­ this notice will be available for public presented on the record of hearing are rants the reapportionment. This pro­ inspection at the office of the Hearing as follows: posal would reduce the independent Clerk during regular business hours (7 (1) Provide authority for the Secre­ producer and independent handler rep­ CFR 1.27(b)). tary to designate dates other than those resentations, and increase the represen­ specified in the order, prior to which tations of the producers who market Dated: March 3, 1969. nomination meetings must be held and through cooperative marketing organiza­ P a u l A . N i c h o l s o n , the names of the nominees submitted to tions and of such organizations, on the Deputy Director, Fruit and Veg­ the Secretary; committee to reflect the relative amounts etable Division, Consumer and (2) Provide authority for the com­ of fruit being handled. Marketing Service. mittee to carry over excess funds into The third proposal would require [F.R. Doc. 69-2783; Filed, Mar. 6, 1969; subsequent fiscal periods as reserves handlers as authorized in § 906.51 to 8 :4 9 a .m .] when the funds already in the reserves

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4970 PROPOSED RULE MAKING

do not exceed approximately two fiscal mit the names of the nominees to the the committee should be authorized to periods’ expenses; Secretary and a time interval of not less place such excess funds into the reserves. (3) Provide authority to regulate and than 15 days should be maintained. Such authorization should be provided, specify the number of hours per day that (2) The maximum amount of funds although the additional funds may result onions can be packaged or loaded or authorized to be carried over into subse­ in the reserves temporarily exceeding both during a specified period or quent fiscal periods as reserves should an amount equivalent to approximately periods or any combination thereof; be increased to permit the committee two fiscal periods’ expenses. (4) Make other minor changes to con­ to place the excess of income over ex­ The record indicates that the average form with the order and the amendments penses from any fiscal period into such of two representative fiscal periods ex­ thereof. reserves providing the funds in the re­ penses out of the previous five fiscal pe­ Findings and conclusions. Findings serves do not exceed an amount approxi­ riods expenses, multiplied by two, should and conclusions on the material issues, mately equivalent to two fiscal periods’ be the basis for determining the maxi­ all of which are based upon evidence expenses. mum amount of funds authorized to be presented at the hearing and the record The committee’s fiscal period presently carried over into subsequent fiscal thereof, are as follows: begins on August 1 and assessments on periods as reserves. The two such rep­ (1) Section 959.27 (a) and (c) should production area onions begin in March, resentative fiscal periods should be be amended to provide additional flexi­ but no substantial amount of assessment those two periods in which the committee bility in the time specified for completing income is available until April, 9 months expenses were similar to those antici­ nominations and submitting the names after the beginning of the fiscal period. pated during the current fiscal period. of the nominees to the Secretary by If the South Texas onions should suffer Producers prefer to have the excess authorizing the Secretary to designate a partial or complete crop failure due funds placed in the reserves and the as­ dates, other than those specified in the to rain, hurricane, or other hazards sessment reduced in subsequent: fiscal order, in which nomination meetings prevalent in the production area, the periods. They feel that this is a more must be completed and the names of the committee may be compelled to operate equitable adjustment than to refund nominees submitted to the Secretary. for as long as 21 months with little or such excess funds to handlers who may In some years it has been difficult for no assessment income. or may not pass them on to producers. the. committee to complete the nomina­ The South Texas Lettuce Marketing Most handlers also prefer to have such tion meetings in all districts prior to Order, which is currently inactive, has excess funds placed in the reserves and June 15, the date prescribed in § 959.27 been sharing the administrative expenses the assessment reduced in subsequent (a) of the order and to submit the with the onion committee by paying the fiscal periods because they must pay the names of the nominees to the Secretary committee office expenses and employees assessment. When such excess funds are prior to July X, the date prescribed in salaries for 5 months each fiscal period. refunded to handlers, additional book­ § 959.27(c) of the order. Nomination When the South Texas Lettuce Market­ keeping cost may exceed the amount of meetings are difficult to schedule be­ ing Order became inactive in 1968 it was the refund, especially when they subse­ cause: Such dates are approximately 9 necessary for - the onion committee to quently pass such refund on to their months in advance of onion harvest for assume all the administrative expenses. producers. the fiscal period in which the nominees These added expenses made it necessary The reserves and other committee are being selected; the current season’s for the committee to increase their funds are safeguarded by the bonding of onion harvest in the late districts is not budget and to use funds from their re­ all employees and committee members completed; onion producers and handlers serves to pay the added expenses. who have access to such funds. Also the are busy harvesting and marketing other Occasionally, adverse crop or weather budget and the assessment rate are re­ crops and find it difficult to attend nom­ conditions result in a smaller crop of viewed and approved annually by the ination meetings; and the committee onions than was anticipated by the com­ Secretary. An audit of income and ex­ manager, who makes the arrangements mittee. When they do not have adequate penses is made at the end of each fiscal for such nomination meetings, is still reserves the reduced assessment income period by a qualified accountant and occupied with the current season’s onion resulting from such short crop makes it reviewed by the Secretary. Financial assessment collections and statistical re­ necessary to increase the assessment rate statements showing expenditures and in*- ports. Changes in the dates, should be on all onions packed during the season: come are prepared periodically by the authorized in the event of changes in This results in an increased financial committee manager for the committee onion harvesting, handling and market­ burden on handlers to pay the adminis­ and the Secretary, and copies are also ing patterns; changes in the fiscal period, trative costs when their income has been available to other interested persons and failure of the committee to complete reduced by the crop losses. Also the com­ available for public inspection at the nominations by the prescribed dates; or mittee prefers not to increase the assess­ committee office. Therefore, such in­ other problems of a similar nature which ment rate in the middle of the season creased reserves would be properly safe­ may arise. because they must collect the additional guarded and would provide additional Changes in such dates will normally assessment from handlers who have al­ financial flexibility for the efficient ad­ be made by the Secretary based on the ready paid their assessment. When the ministration of the order by the recommendation of the committee. How­ committee has ample reserves a low as­ committee. ever, the Secretary should also make such sessment rate can be maintained each (3) The committee should be author­ changes in the dates based on informa­ fiscal period and funds from the reserves ized to recommend to the Secretary and tion available to him. Such changes in can be used during periods when assess­ the Secretary should be authorized to the dates may be for one fiscal period or ment income is not adequate to pay all regulate the number of hours in each for more than one fiscal period as may of the administrative costs. Without ade­ calendar day that production area onions be determined by the Secretary. Any date quate reserves the committee must main­ can be packaged or loaded or both by all specified for completion of nomination tain a higher assessment rate to have handlers during specified periods as a meetings should be a date prior to the -sufficient funds to operate on in the event method of limiting the total quantity of beginning of the fiscal period to provide of a shorter crop than anticipated, or a production area onions which may be adequate time for the Secretary to make crop failure. marketed during such periods by pro­ the committee appointments and to ob­ At the committee’s annual organiza­ hibiting the packaging or loading or both tain their acceptances prior to the com­ tional meeting held soon after August 1 of onions except during specified con­ mittee’s annual organizational meeting. each year one item of business is to re­ secutive hours in any calendar day or When the date on which the nomina­ view previous years’ income and expendi­ days: Provided, That any handler may, tion meetings are to be completed is tures. At that meeting the committee upon such notice to the committee as changed, the date on which the names must décidé on the disposition of the ex­ it may prescribe with the approval of of the nominees must be submitted to cess of income over expenses from the the Secretary, package or load onions or the Secretary should also be changed. previous fiscal period, if any. If the funds both during a different period in such Such dates, as prescribed in the order, already in the reserves do not equal ap­ day consisting of the same number of allow 15 days for the committee to sub­ proximately two fiscal periods’ expenses consecutive hours.

FEDERAL REGISTER, V O L 34, NO. 45— FRIDAY, MARCH 7, 1969 PROPOSED RULE MAKING 4971

The order became effective February 6, normal weather conditions, is approxi­ ments of production area onions aver­ 1961, following a public hearing and a mately 300 bags per acre and the average aging approximately 147 cars per day, referendum of producers, and was cost for producing, harvesting, packag­ excluding Sundays which are shipping amended March 12, 1962. It has regu­ ing, and marketing onions from such a holidays. Restricting the packaging or lated the handling of South Texas onions field is approximately $2 per bag. loading hours or both of production area each year since becoming effective. Dur­ Any benefits derived from stabilizing onions would tend to level off the peak ing the 8 years the order has regulated the returns for production area onions shipments of such onions by preventing the handling of onions in South Texas above the cost of harvesting, packaging, handlers from shipping excessive quan­ the harvested acreage and the seasonal and marketing should accrue to the pro­ tities of onions during such period. Some average prices received by producers for ducers thereof. Establishing an orderly onions could be left in the field, unhar­ production area onions have varied con­ fiow-to-market for production area vested or in field sacks for an additional siderably. The daily f .o.b. onion prices re­ onions during peak shipping periods period of time to level off such peak ported by the Market News Service, should tend to increase such returns. shipments. The record indicates that C&MS, USDA, Weslaco, Tex., indicate Limiting the number of hours that pro­ production area onions can be left in that production area onion prices are duction area onions can be packaged or the fields, in field sacks, for 10 to 14 frequently high at the beginning of the loaded or both by all handlers thereof days after they are harvested except season and decline rapidly as shipments during each day for a specified number during extended rainy periods. increase. These daily f.o.b. prices do not of days or period of time during the Establishing an orderly flow-to-market reflect price reductions given to buyers peak shipping periods for South Texas for production area onions by regulating in the form of price adjustments during onions should tend to create an orderly the packaging or loading hours or both periods when prices for production area fiow-to-market for production area is contingent upon the packaging ca­ onions are declining. Price adjustments onions. The record indicates that the pacity of the onion packing sheds frequently are 25 cents to $1 per 50- South Texas Onion Committee members therein. It would be necessary for han­ pound bag of onions during such periods. are experienced producers and handlers dlers to purchase additional expensive Volume shipments of South Texas of onions and can frequently predict, 3 packaging equipment to increase their onions normally begin in the Lower Rio or 4 days in advance, when shipments of daily packaging capacity significantly Grande Valley district in mid-March, the onions will exceed the market require­ during periods when they are restricted Laredo district in early April, the Coastal ments" and cause prices to decline below to a limited number of hours for pack­ Bend and Winter' Garden districts in profitable levels for producers. When aging onions. Many handlers would also mid-April. Production area onion ship­ such excess onion shipments are antici­ need additional building .space for such ments may exceed 200 carlot equivalents pated by the committee, the chairman packaging equipment. Additional packing per day of combined rail and truck ship­ should call a meeting of the committee crews would be needed to operate the ments when two or more districts are members for the purpose of considering added packaging equipment, some re­ shipping onions simultaneously. During recommendations to the Secretary for quiring special training. It would not be peak shipping periods the supply of a regulation to limit such onion ship­ practical for most handlers to invest ^Onions frequently exceeds the market ments. The committee members based large sums of money in additional pack­ requirements. This results in shipments upon their experience in the marketing aging equipment and buildings to in­ of unsold onions (rollers) and price ad­ of South Texas onions can determine the crease their onion packaging capacity justments on onions previously sold. Oc­ approximate number of cars of produc­ because such equipment would be in op­ casionally, unsold shipments of produc­ tion area onions that can be mar­ eration for only a short period of time tion area onions are abandoned to the keted profitably, based on the supply each year. However, such regulation may railroads which sell them at salvage of such onions available for market, result in handlers modernizing their prices to recover their freight costs. the market outlook and the available packaging lines to make them more effi­ The record indicates that the demand supplies of onions from competing areas. cient and to obtain maximum capacity for onions is very inelastic and that the When the committee determines that during regulated periods. Also, some han­ consumption of onions is not increased shipments of production area onions will dlers may purchase new packaging significantly when the retail price is re­ exceed the market requirements for such equipment or install wider belts on their duced. The average U.S. consumption of onions they should recommend to the existing equipment to obtain increased all onions is relatively stable at approxi­ Secretary and the Secretary should set capacity. Such changes would not be mately 11.5 pounds per person per year. a regulation to prohibit the packaging accomplished in one season but would It is estimated that approximately 55.5 or loading, or both, of onions except din­ require considerable time and the com­ percent of the households in the United ing specified consecutive hours of any mittee could evaluate such changes prior States purchase onions each week. Mar­ calendar day or days to establish an or­ to requesting regulations. keting studies indicate that onion pur­ derly flow-to-market for production The record indicates that the pack­ chases are frequent and in small quan­ area onions. Recommendations to the aging of onions, as used in this part, be­ tities, averaging only about 8 cents for Secretary should be based on the com­ gins when the^ onions are emptied from each purchase. mittee’s analysis of: (1) The quantity of the field sacks onto the onion grading When onion prices are reduced, the onions that can be packaged or loaded belts to be sorted. Packaging includes: total consumption of onions is not or both per hour when all of the pack­ sorting and sizing the onions; placing the increased significantly and the onion ing sheds currently packaging and load­ onions into containers; closing the filled Producers are the most directly affected ing onions are operating at capacity; (2) containers; and stacking the containers by such price reduction. In the produc­ the number of cars of onions that can in the packing shed or storage area. The tion area the onion handlers’ cost for be marketed daily to provide a profita­ loading of onions begins with the move­ harvesting, packaging, and marketing ble return to producers for their onions; ment of stacked containers of onions onions is deducted from the returns be­ and (3) other factors influencing the from the packing shed or storage area to fore producers receive any payment. The marketing of South Texas onions. a railroad car, truck, or other means Production .cost must be paid from such The record indicates that an orderly of conveyance and placing them in such returns after the harvesting, packaging, flow-to-market for production area conveyance for the purpose of trans­ and marketing cost is deducted. The onions could be accomplished by limit­ porting them to the markets. When Production cost varies according to the ing the packaging or loading hours or onions are conveyed directly from the number of bags of onions produced per both for such onions. The 1969 South packaging line to the trucks or railroad acre. For example, the average South Texas onion crop was estimated to be cars, or other means of conveyance for Texas onion production cost is approxi­ approximately 6,652,800 bags (8,316 car- loading, the loading operation begins mately $1.40 per bag with a yield of 150 lot equivalents at 800 bags per car). after the containers are filled with onions bags per acre but is reduced to approxi­ Normally 500 cars of such onions are and closed. mately $0.53 per bag with a yield of 400 marketed in March, leaving 7,816 cars The regulation limiting the packaging bags per acre. The record indicates that to be marketed in April and May. There­ or loading hours or both of production an average yield from a good field of fore, an orderly flow-to-market could be area onions should become effective as onions, produced and harvested during maintained for such period with ship­ soon as possible after it is determined

No.w 45-„ 6 FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4972 PROPOSED RULE MAKING that such regulation is needed. The when adverse weather, a shortage of § 959.52 of this part. Such exemption length of time between such determina­ railroad cars or similar problems arise should be authorized pursuant to para­ tion and the need thereof is relatively and such authority would provide the graph (d) of § 959.53 of this part. short because the daily shipments of committee and the Secretary with the The record indicates that production production area onions can and fre­ needed flexibility to set a regulation area onions handled in such manner are quently do increase very rapidly and such which would accomplish the intended packaged during the allotted packaging regulation should become effective before purpose of the act under such circum­ time in 50-pound unlabeled bags, re­ such onion shipments become excessive. stances. ferred to as “peanut bags.” They are sub­ Also, information regarding the commit­ Any regulation limiting the packaging sequently emptied from the “peanut tee’s recommendation to the Secretary or loading hours or both of onions, should bags” on to special packaging lines and for such regulation is disseminated be set for a specified period or periods packaged into consumer size packages. among growers and handlers in the pro­ of time in days, weeks or months thereof. These consumer size packages of onions duction area following a committee meet­ The Secretary should be authorized to are placed back in the “peanut bags” ing to consider such regulation, by those terminate or modify such regulation which become the master containers. Ex­ in attendance at the meeting and by the when it is determined by him or by the emptions for handling onions in this committee. The committee’s recom­ committee that conditions warrant such manner would not increase the total mendation is therefore well known in termination or modification. Cool rainy quantity of onions that could be pack­ the production area soon after such weather, excessive seed stem develop­ aged by handlers during authorized meeting is held. Delaying the effective ment, or other adverse conditions may packaging hours. Onions for repackaging date of a regulation issued pursuant to result in reduced shipments and the need should also be exempt from loading hour such committee recommendation would for termination or, modification of the restrictions when they have been pre­ afford handlers an opportunity to in­ regulation. Conversely, dry hot weather viously packaged in the manner de­ crease their shipments of production and reduced cullage may permit handlers scribed herein. Such repackaged onions area onions prior to the effective date to package more onions than was pre­ are packaged in limited quantities and thereof. Such additional shipments could viously estimated by the committee, re­ are usually sold prior to shipment. depress the markets and reduce the price sulting in the need to reduce the daily The committee should be authorized for production area onions thereby tend­ packaging hours, extend the regulated to establish rules and regulations, with ing to nullify any benefits that may period or both. the approval of the Secretary, to pro­ otherwise be derived from such regula­ The committee should be authorized vide for adequate safeguards when tion. to establish regulations with the approv­ onions are handled pursuant to such ex­ The packaging or loading hours or al of the Secretary to establish proce­ emptions and to provide the committee both of production area onions set by dures whereby handlers of production and the Secretary with authority to such regulation should be Ihe specified area onions who were prevented by^fcon- withdraw any or all exemptions so es­ consecutive hours in any calendar day ditions specified in such regulations, as tablished, in the event that difficulties or days during the effective period or being beyond their reasonable control, are encountered in enforcing the regula­ periods thereof, that production area from packaging or loading onions or both tion due to such exemptions. onions can be packaged or loaded or for a period of more than 1 hour, should (4) Some minor changes should be both. Handlers of production area be permitted to request and obtain per­ made in the order to better conform onions should be permitted to choose mission from the committee to package with the intent therein and to facilitate different consecutive hours within each or load onions or both during a compa­ the administration of the order and reg­ calendar day that they will package or rable number of additional hours in the ulations issued thereon. In this respect load onions or both. However, they same day or a later day as specified by paragraph (b) in § 959.52 should be should be required to notify the commit­ the committee. amended by: Deleting “or” appearing at tee and the Federal-State inspection the end of subparagraph (3) ; changing Numerous difficulties may arise to pre­ the period to a semicolon at the end of service of such different hours prior to vent handlers from being able to oper­ subparagraph (4) ; and revising subpara­ packaging or loading of production area ate their packing sheds during all or a onions during any such regulated period. graph (5) to read, “Establish holidays portion of their authorized packaging by prohibiting throughout the entire Such notification should be provided at or loading time or both. The resulting a time and in a manner prescribed by production area the packaging or load­ delays may be caused by adverse weather ing or both of onions on Sunday”; also, the committee. The record indicates that conditions, late deliveries of onions from weather conditions, field delivery sched­ the definition of “Handle,” § 959.7 should the field, mechanical failures, interrup­ be changed by adding the word “load” ules and the availability of rail cars tion of utility services, shortage of rail and trucks can be, and frequently are between the words “package” and “sell.”. cars and similar problems. Rules and Such changes are in conformity with the different for different handlers. Some regulations so established should .specify handlers have drying equipment to dry order and the amendments hereto. The the delays for which such exemptions record indicates that the aforementioned onions prior to packaging them and can would be authorized and the method by operate on a regular 8 a.m. to 5 p.m. changes should be made to conform with which such delays would be verified to the current interpretations of the order basis.- Other handlers are often forced the committee. They should also specify to wait until the onions in the field are and amendments and for purposes of the procedure handlers are to use in ap­ clarity. dry before they can deliver them to the plying for such exemptions. packing sheds for sorting and packaging Briefs. January 13,1969, was set by the and are frequently not able to begin The record indicates that onions for presiding officer at the hearing as the operating their packaging lines until export should be exempt from packaging latest date by which briefs and proposed or loading hours or both pursuant to findings and conclusions would have to after noon. handling for special purpose, § 959.53 of The packaging and loading of produc­ be filed by interested parties. None was this part. Onions for export should be filed. tion area onions is not always performed exempted because ships used to trans­ General findings. Upon the basis of simultaneously by handlers and author­ port onions for export must be loaded evidence introduced at the hearing and ity should be provided to set loading in a limited period of time after the the record thereof it is found that: hours that are greater than or less than ships arrive in port to avoid costly de­ (1) The amended marketing agree­ the packaging hours. Also, authority murrage charges. ment and order, as both are hereby pro­ should be provided to set a regulation to Onions for repackaging into consumer posed to be amended, and all of the limit the loading hours without limiting size packages should be exempted from terms and conditions thereof, will tend the packaging hours or limit the pack­ packaging or loading hours or both when to effectuate the declared policy of the aging hours without limiting the loading such onions have been previously pack­ act with respect to onions produced in the hours. The record indicates that limiting aged during the authorized hours for production area, by establishing and either the packaging or the loading of such packaging; inspected by a Federal- maintaining such orderly marketing onions may provide adequate restrictions State inspector; and have complied conditions therefor as will tend to es­ for shipments of production area onions with the regulations issued pursuant to tablish, as prices to the producers

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 PROPOSED RULE MAKING 4973 thereof, parity prices and by protecting a. As to paragraph (b) : By deleting operating-differential subsidy to subsi­ the interest of the consumer (i) by ap­ “or.” appearing at the end of subpara­ dized operators. proaching the level of prices which it is graph (3) ; by changing the period to a In P.R. Docs. 67-14669 (32 F.R. 17980), declared in the act to be the policy of semicolon at the end of subparagraph 68-1375 (33 F.R. 2531), 68-3671 (33 F.R. Congress to establish by a gradual cor­ (4) ; and by revising subparagraph (5) 4996), 68-7031 (33 F.R. 8744), 68-9746 rection of the current level of prices at and adding subparagraph (6) to read (33 F.R. 11547) and 68-14043 (33 F.R. as rapid a rate as the Secretary deems as follows: to be in the public interest and feasible 17315), the date of December 18, 1967, in view of the current consumptive de­ (5) Establish holidays by prohibiting was.extended to February 5,1968, April 1, mand in domestic and foreign markets, throughout the entire production area, 1968, July 1, 1968, September 3, 1968, and (ii) by authorizing no action which the packaging or loading, or both, of December 2* 1968, and March 31, 1969, has for its purpose the maintenance of onions on Sundays; respectively. prices to producers of such onions above (6) Prohibit the packaging or loading, Notice is hereby given that the time the parity level, and (iii) by authoriz­ or both, of onions excépt during speci­ within which comments may be sub­ ing the establishment and maintenance fied consecutive hours of any calendar mitted is extended from March 31, 1969, of such minimum standards of quality day or days: Provided, That, any handler to close of business on May 29, 1969. and maturity, and such grading and in­ may, upon such notice to the commit­ Dated: March 4, 1969. spection requirements as may be inci­ tee as it may prescribe with approval of dental thereto, as will tend to effectuate the Secretary, package or load onions By order of the Maritime Subsidy such orderly marketing of such onions during a different period in such day Board. as will be in the public interest; consisting of the same number of con­ J a m e s S . D a w s o n , J r ., (2) The amended marketing agree­ secutive hours: Provided further, That, Secretary. ment and order, as both are hereby pro­ any handler who, due to conditions spec­ [F.R. Doc. 69-2858; Filed, Mar. 6, 1969; posed to be amended, regulate the han­ ified in regulations established by the 8 :5 1 a.m .] dling of onions grown in the production committee with the approval of the Sec­ area in the same manner as, and are ap­ retary as being beyond a handler’s rea­ plicable only to persons in the respeotive sonable control, is prevented for more Patent Office classes of industrial and commercial ac­ than one of such consecutive hours from tivity specified in, a marketing order so packaging or loading onions may, in [ 37 CFR Parts 1, 3 1 upon which hearings have been held; accordance with such regulations, ob­ PATENT CASES (3) The amended marketing agree­ tain permission from the committee to ment and order, as both are hereby pro­ package or load onions, or both, during Proposed Extension of Defensive posed to be amended, are limited in ap­ a comparable number of additional hours Publication Program plication to the smallest regional pro­ in the same day or a later day as speci­ duction area which is practicable, con­ fied by the committee. The Patent Office is giving considera­ sistently with carrying out the declared b. New paragraph (d) is added as tion to several changes in its rules of policy of the act; and the issuance of sev­ follows: practice which are designed to stimulate and enlarge interest in the defensive eral orders applicable to subdivisions of (d) No handler may handle onions the production area would not effectively publication program. that were packaged or loaded or both Under the proposed procedure, an ap­ curry out the declared policy of the act; diiring any period when such packag­ (4) The amended marketing agree­ plicant would be permitted to file for ing or loading or both was prohibited by defensive publication during the period ment and order, as both are hereby pro­ any regulation issued pursuant to sub- posed to be amended, prescribe, so far fixed for reply to the first Office action. paragraph (5) or (6) of paragraph (b) The existing procedure, under which an as practicable, such different terms, ap­ of this section, except such onions as plicable to different parts of the produc­ were exempted thereunder. applicant is permitted to file for defensive tion area, as are necessary to give due publication prior to the first Office ac­ recognition to the differences in the pro­ 4. Section 959.7 Handle, is revised tion, would be retained. The -waiver of duction and marketing of onions grown by adding the word “load” between the rights to an enforceable patent is essen­ m the production area; and words “package” and “sell.” tial to defensive publication; however, (5) All handling of onions as defined Copies of the notice of recommended in the case of requests filed before the in this part is in the current of inter­ decision may be obtained from the Hear­ first Office action the waiver does not state or foreign commerce or directly ing Clerk, U.S. Department of Agricul­ extend to continuing applications filed burdens, obstructs, or affects such ture, Room 112, Administration Building, within thirty (30) months after the commerce. Washington, D.C. 20250, or may be in­ earliest U.S. effective filing date of the Recommended amendment of the mat spected there. designated application. Parties who re­ Keting agreement and order. The follov quest defensive publication after the first ug amendment of the marketing agree Dated: March 4, 1969. Office action would be required to waive ment and order is recommended as tl J o h n C . B l u m , patent rights based on the pending appli­ etailed means by which the aforesai Deputy Administrator, cation and all continuing applications. conclusions may be carried out. Regulatory Programs. Notice is hereby given, therefore, that • Section 959.27 Nomination, is re [F.R. Doc. 69-2784; Filed, Mar. 6, 1969; under the authority contained in section «sed by adding to the end of each e 8:4 9 a.m .] 6 of the Act of July 19, 1952 (66 Stat. paragraphs (a) and (c) thereof, the fo: 792; 35 U.S.C. 6), the Patent Office pro­ wing: “or by such other date as ma poses to amend Title 37, Code of Fed­ specified by the Secretary.” eral Regulations, as follows: 2-Section 959.43 Accounting, is re DEPARTMENT OF COMMERCE 1. By revising § 1.111(a) to read as „ ^ ®y changing the first sentence i follows: subparagraph (2), of paragraph (a) t Maritime Administration mad as follows: §1.111 Reply by applicant. [4 6 CFR Ch. U ] (a) The applicant must file a timely h f X committee, with the appro SUBSIDIZED OPERATORS reply to all Office actions which are ad­ fur,!?6 ,Secretary> may carry over exc verse in any respect. The reply may re­ unas into subsequent fiscal periods Guidelines for Payment quest reexamination or reconsideration, reserves: Provided, That funds alres In P.R. Doc. 67-14066 (32 F.R. 16436, with or without amendment, or may be twn«SerXes d.° no* ^usil approximat a waiver of patent rights under § 1.139. wo fiscal periods’ expenses. * * * Nov. 30, 1967) comments by interested parties were invited t6 be submitted by ***** inn ®e(;^on 959.52 Issuance of rei December 18, 1967, relative to the guide­ 2. By revising § 1.139 to read «as lations, is revised as follows: lines set forth therein for payment of follows:

FEDERAL REGISTER, V O L 34, NO. 45— FRIDAY, MARCH 7, 1969 4974 PROPOSED RULE MAKING

§ 1.139 Waiver of patent rights. the application unless within that period within 30 days after publication of this interference proceedings have been initiated. notice in the F ed e r a l R e g is t e r will be (a) Prior to the first Office action, and All persons who desire to submit considered before action is taken on the subject to acceptance by the Commis­ proposed amendment. No public hearing sioner, an applicant may waive his rights written data, views, arguments, or sug­ gestions for consideration in connection is contemplated at this time, but ar­ to an enforceable patent based on a rangements for informal conferences pending patent application or on any with this proposal are invited to forward the same to the Commissioner of Patents, with Federal Aviation Administration of­ continuing application filed after the ficials may be made by contacting the expiration of thirty (30) months from Washington, D.C. 20231, on or before April 30, 1969. An oral hearing will not Regional Air Traffic Division Chief. Any the earliest U.S. effective filing date of data, views, or arguments presented dur­ said application by filing in the Patent be scheduled. Any written comments or suggestions not specifically designated ing such conferences must also be sub­ Office a written waiver of patent rights, mitted in writing in accordance with this a consent to the publication of an ab­ as confidential may be inspected by any person upon-written request a reason­ notice in order to become part of the stract, an authorization to open the com­ record for consideration. The proposal plete application to inspection by the able time after the closing date for sub­ mitting comments. contained in this notice may be changed general public, and a declaration of in the light of comments received. abandonment signed by the applicant E d w a r d J . B e n n e r , A public docket will be available for and the assignee of record or by the Commissioner of Patents. examination by interested persons in the attorney or agent of record. See § 3.50 Approved: March 4, 1969. office of the Regional Counsel, Federal of this chapter for the suggested format. Aviation Administration, 5651 West (b) After the first Office action, and A l l e n V. A s t i n , Manchester Avenue, Los Angeles, Calif. subject to acceptance by the Commis­ Acting Assistant Secretary for 90045. sioner, an applicant may waive his rights Science and Technology. A new VOR approach procedure has to an enforceable patent based on a [F.R. Doc. 69-2836; Filed, Mar. 6, 1969; been developed by the Federal Aviation pending patent application by filing in 8 :5 1 a.m .] Administration to serve Chico Municipal the Patent Office, within the period set Airport, Calif. The proposed 700-foot for reply, a written waiver of patent floor* transition area will provide con­ rights, a consent to the publication of an trolled airspace protection for aircraft abstract, an authorization to open the DEPARTMENT OF executing -this prescribed instrument complete application to inspection by approach procedure. the general public, and a declaration of In consideration of the foregoing, Part abandonment signed by the applicant TRANSPORTATION 71 of the Federal Aviation Regulations is and the assignee of record or by the Federal Aviation Administration amended as hereinafter set forth: attorney or agent of record. See § 3.51 In § 71.181 (33 F.R. 2168) the Chico, of this chapter for the suggested format. [ 14 CFR* Part 71 1 Calif., Transition Area is amended by 3. By adding a new § 3.51 to read as [Airspace Docket No. 69—WE—13] deleting all after “, * * * northwest of follows: the VOR * * *” in the third line and TRANSITION AREA substituting therefor “* * *, and that § 3.51 Waiver of patents after first Proposed Designation airspace within 2 miles each side of the action. Chico VOR 165° radial extending from To the Commissioner of Patents: The Federal Aviation Administration the 5-mile radius area to 12 miles south The undersigned having o n ------is considering an amendment to Part 71 of the VOR, excluding the portion within filed an application for patent, Serial No. of the Federal Aviation Regulations that a 1-mile radius of the Ranchero Airport ______e n title d ______, would designate an additional 700-foot (latitude 39°43'10" N., longitude 121°- hereby waives his right to an enforceable transition area for Chico Municipal Air­ 52'10'' W.).” patent based on said application or on any port, Calif. This amendment is proposed under the continuing application, subject to accept­ Interested persons may participate in authority of section 307(a) of the Fed­ ance by the Commissioner, and requests the proposed rule-making by submitting eral Aviation Act of 1958, as amended that an abstract of disclosure thereof be such written data, views, or arguments (72 Stat.' 749; 49 U.S.C. 1348), and of published in the Official Gazette, that the as they may desire. Communications section 6(c) of the Department of Trans­ complete application be opened to inspection should be submitted in triplicate to the portation Act (49 U.S.C. 1655(c)”). by the general public upon publication erf Director, Western Region, Attention: Issued in Los Angeles, Calif., on Febru­ said abstract, and that the application be Chief, Air Traffic Division, Federal Avia­ considered pending for the purpose of in­ ary 25, 1969. tion Administration, 5651 West Man­ L e e E . W a r r e n , terference; and further the undersigned Acting Director, Western Region. expressly abandons said application, the chester Avenue, Post Office Box 92007, abandonment to take effect five (5) years Worldway Postal Center, Los Angeles, [F .R . D oc. 69-2768; F iled , M ar. 6, 1969; 8 :4 8 a .m .] after the earliest U.S. effective filing date of Calif. 90009. All communications received

FEDERAL REGISTER, VOL. 3 4 , NO. 45— FRIDAY, MARCH 7, 1969 4975 Notices

Missouri River Basin. I have designated able: Cotton (upland and extra long DEPARTMENT OF THE INTERIOR Mr. Murray Stein, U.S. Department of staple), wheat, com, oats, barley, flax­ the Interior, as Chairman of the confer­ seed, rye, rice, grain sorghum, peanuts, Federal Water Pollution Control ence. tung oil, cottonseed meal, butter, cheese, Administration Parties to the conference will be repre­ and nonfat dry milk. INTERSTATE WATERS OF STATE OF sentatives of Federal departments and Cottonseed meal was added to the list IOWA agencies, interstate agencies, States, of commodities on February 6. municipalities, and industries who are Interest rates under the CCC Export Notice of Standard Setting Conference contributing to, affected by, or have an Credit Sales Program are being increased interest in the water quality standards for March to 6% percent for U.S. bank The waters of the Mississippi River, for the waters to be covered by the con­ obligations and 7% percent for foreign Missouri River, Fox River, Des Moines ference and who register their intent to bank obligations. They were 6% and 7 Vi River, East Fork of the Des Moines River, percent. West Fork of the Des Moines River, Iowa be parties at the conference sessions, and River, Cedar River, Shellrock River, such other persons whom the Chairman, Information on the availability of Wiruiedago River, Wapsitinicon River, upon application and good cause shown, commodities stored in CCC bin sites may Upper Iowa River, Chariton River, Mid­ admits as parties to the conference. be obtained from Agricultural Stabiliza­ dle Fork Medicine River, Weldon River, Dated: March 5, 1969. tion and Conservation Service State Little River, Thompson River, East Fork offices shown at the end of the sales list, of the Big River, Grand River, Platte W a l t e r J . H ic k e l , and for commodities stored at other loca­ River, East Fork of the 102 River, Middle Secretary of the Interior. tions from ASCS commodity and grain Fork of the 102 River, Nodaway River, [F.R. Doc. 69-2842; Filed, Mar. 6, 1969; offices also shown at the end of the list. West Tarkio River, Tarkio River, Nish- 8:51 a.m .] Com, oats, barley, or grain sorghum, nabotna River, Little Sioux River, Big as determined by CCC, will be sold for Sioux River, Rock River, and Kanaranzi unrestricted use for “Dealers’ Certifi­ Ditch, subject to the jurisdiction of the Office of the Secretary cates” issued under the emergency live­ State of Iowa, are interstate waters. ADMINISTRATOR, SOUTHWESTERN stock feed program. Grain delivered against such certificates will be sold at The water quality standards estab­ POWER ADMINISTRATION, ET A L lished by the State of Iowa in accordance the applicable current market price, de­ with section 10(c) (1) of the Federal Adjustment of Salaries termined by CCC. Water Pollution Control Act (33 U.S.C. 2. In the following listing of commodi­ M a r c h 3, 1969. 466g(c)(l)) to be applicable to these ties and sale prices or method of sales, waters are determined in part not to be Pursuant to the provisions of Execu­ “unrestricted use” applies to sales which consistent with the protection of the tive Order 11413 and the 1970 Budget permit either domestic or export use and public health and welfare, the enhance­ supplement, the salaries of the Admin­ “export” applies to sales which require ment of the quality of the water, and the istrator, Southwestern Power Adminis­ export only. CCC reserves the right to purposes of the Federal Water Pollution tration, the Governor of Guam, and the determine the class, grade, quality, and Control Act, as provided by section 10(c) Governor of the Virgin Islands were available quantity of commodities listed (3) of that Act, with particular reference adjusted to $30,239 per annum. for sale. to: W a l t e r J . H ic k e l , The CCC Monthly Sales List, which 1. The . treatment requirements and Secretary of the Interior. varies from month to month as addi­ implementation plan for waste dis­ [F.R. Doc. 69-2743; Filed, Mar. 6, 1969; tional commodities become available or charges to the Mississippi and Missouri 8 :4 6 a.m .] commodities formerly available are Rivers; dropped, is designed to aid in moving 2. The requirements for disinfection CCC’s inventories into domestic or ex­ of controllable waste discharges which port use through regular commercial may be sources of bacteriological pollu­ DEPARTMENT OF AGRICULTURE channels. tion; If it becomes necessary during the Commodity Credit Corporation 3. The temperature criteria for the in­ month to amend this list in any material terstate waters of the State other than SALES OF CERTAIN COMMODITIES way—such as by the removal or addition the Mississippi and Missouri Rivers. of a commodity in which there is general March Sales List interest or by a significant change in Therefore, in accordance with the pro­ price or method of sale—an announce­ visions of section 10(c) (2) of the Federal Notice to buyers. Pursuant to the policy ment of the change will be sent to all Water Pollution Control Act (33 U.S.C. of Commodity Credit Corporation issued persons currently receiving the list by 466g(c)(2)), I hereby call a conference October 12,1954 (19 F.R. 6669), and sub­ to consider the establishment of water ject to the conditions stated therein as mail from Washington. To be put on this quality standards applicable to the above well as herein, the commodities listed mailing list, address: Director, Commod­ interstate waters subject to the juris­ below are available for sale and, where ity Operations Division, Agricultural diction of the State of Iowa. Stabilization and Conservation Service, noted, for redemption of payment-in- U.S. Department of Agriculture, Wash­ i conference will convene on April 8, kind certificates on the price basis set forth. ington, D.C. 20250. 1969 at 9:30 a.m. at the Blackhawk 3. Interest rates per annum under the fiotel, ,3d and Perry Streets, Davenport, 1. The U.S. Department of AgricultureCCC Export Credit Sales Program (An­ rowa, to consider the appropriate water announced today the price at which nouncement GSM-4) for March 1969 quality standards for the interstate Commodity Credit Corporation (CCC) are 6% percent for U.S. bank obligations waters of the Mississippi River Basin and commodity holdings are available for and 7% percent for foreign bank obli­ April 15, 1969, at 9:30 a.m. at Mercy sale beginning at 3 p.m., e.s.t., on Feb­ gations. Commodities now eligible for fi­ «ospitai Auditorium, 420 East Washing­ ruary 28, 1989, and, subject to amend­ nancing under the CCC Export Credit ton Street, Council Bluifs, Iowa to con- ment, continuing until superseded by the Sales Program include oats, wheat, wheat ® der the appropriate water quality April Monthly Sales List. flour, barley, bulgur, corn, commeal, andards for the interstate waters of the The following commodities are avail­ grain sorghum, upland and extra long

' / . - -

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4976 NOTICES staple cotton, milled and brown rice, be made a part of the sale contracts and protein of the wheat plus the markup tobacco, cottonseed oil, soybean oil, dairy thereafter entered into. shown in C below applicable to the type of carrier involved. products, tallow, lard, breeding cattle, CCC reserves the right to reject any B . Nonstorable. At not less than market and rye. Commodities purchased from or all offers placed with it for the pur­ price, as determined by CCC. CCC may be financed for export as chase of commodities pursuant to such C. Markup and examples (dollars per private stocks under Announcement announcements. bushel in-store) .* GSM-4. CCC reserves the right to refuse to Information on the CCC Export Credit consider an offer, if CCC does not have Markup Sales Program and on commodities avail­ adequate information of financial re­ in-store able under Title I, Public Law 480, private sponsibility of the offerer to meet received by— trade agreements, and current Informa­ contract obligations of the type con­ Examples tion on Interest rates and other phases templated in this announcement. If a Truck Rail or of these programs may be obtained from prospective offerer is in doubt as to barge the Office of the General Sales Manager, whether CCC has adequate information with respect to his financial responsibil­ $0.16 $0.13y2 Minneapolis—No. 1 DNS ($1.66) 115 Foreign Agricultural Service; U.S. De­ percent + $0.13)3; $1.93)3. partment of Agriculture, Washington, ity, he should either submit a financial Portland—No. 1 SW ($1.44) 116 per­ D.C. 20250. statement to the office named in the invi­ cent +$0.13)3: $1.79)3, Kansas City—No. 1 HEW ($1.44) 115 4. The following commodities are cur­ tation prior to making an offer, or com­ percent +$0.13)3; $1.79)3. rently available for new and existing municate with such office to determine Chicago—No. 1 RW ($1.46) 115 per­ barter contracts: Oats, cotton (upland whether such a statement is desired in his cent +$0.13)3: $1.81)3. and extra long staple), and tobacco. case. When satisfactory financial re­ In addition, private stocks of corn, sponsibility has not been established, E x p o r t. grain sorghum, barley (other than malt­ CCC reserves the right to consider an A. CCC will sell lim ited quantities of Hard ing barley), oats, wheat, and wheat offer only upon submission by offerer of Red Winter and Hard Red Spring wheat at west coast ports at domestic market price flour, and milled and brown rice, un­ a certified or cashier’s check, a bid bond, levels for export under Announcement GR- der Announcement PS-1, as amended; or other security, acceptable to CCC, 345 (Revision IV, Oct. 30, 1967, as amended) tobacco under Announcement PS-3; assuring that if the offer is accepted, as follows: cottonseed oil and soybean oil under the offerer will comply with any pro­ (1) Offers will be accepted subject to the Announcement PS-2; and upland and visions of the contract with respect to purchasers’ furnishing the Portland ASCS extra long staple cotton under An­ payment for the commodity and the Branch Office with a Notice of Sale contain­ nouncement PS-4; are eligible for pro­ furnishing of performance bond or other ing the same information (excluding the graming in connection with barter con­ security acceptable to CCC. payment or certificate acceptance number) as Disposals and other handling of In­ required by exporters who wish to receive an tracts covering procurement for Federal export payment under GR-345. The Notice agencies that will reimburse CCC. (How­ ventory items often result in small of Sale m ust be furnished to the Commodity ever, Hard Red Winter 13 percent pro­ quantities at given locations or in qual­ Office within 5 calendar days after the date of tein or higher, Hard Red Spring 14 per­ ities not up to specifications. These lots p u rch a se. cent protein or higher, Durum wheats, are offered by the appropriate ASCS (2) Sales will be made only to fill dollar and flour produced from these wheats office promptly upon appearance and market sales abroad and exporter must show may not be exported under barter therefore, generally, they do not appear export from the west coast to a destination through west coast ports.) Further in­ in the Monthly Sales List. west of the 170 th meridian, west longitude, and east of the 60th meridian, east longitude, formation on private-stock commodities 7. On sales for which the buyer is re­and to countries on the west coast of Central may be obtained from the Office of Barter quired to submit proof to CCC of expor­ and South America. Dollar sales shall mean and Stockpiling, Foreign Agricultural tation, the buyer shall be regularly sales for dollars and sales financed with CCC Service, USDA, Washington, D.C. 20250. engaged in the business of buying or ered it. 5. The CCC will entertain offers from selling commodities and for this purpose B. CCC will sell wheat for export under responsible buyers for the purchase of shall maintain a bona fide business office Announcement GRr-261 (Revision II, Jan. 9, any commodity on the current list. Of­ in the United States, its territories or 1961, as amended and supplemented) sub­ fers accepted by CCC will be subject to possessions and have a person, principal, ject to the following: (1 ) A ll cla sse s w ill b e so ld s u b je c t to offers the terms and conditions prescribed by or resident agent upon whom service of which include the price at which the buyer the Corporation. These terms include judicial process may be had. proposes to purchase the wheat. payment by cash or irrevocable letter of Prospective buyers for export should (2) All classes will be sold to fill dollar credit before delivery of the commodity note that generally, sales to U.S. Gov­ market sales abroad and exporter must show and the conditions require removal of ernment agencies, with only minor export from the west coast to a destination the commodity from-CCC stocks within exceptions, will constitute domestic un­ within the geographical lim itation shown in a reasonable period of time. Where sales restricted use of the commodity. A (2) above. are for export, proof of exportation is C. CCC will not sell wheat under An­ Commodity Credit Corporation re­ nouncement GR-346 until further notice. also required, and the buyer is respon­ serves the right, before making any sales, A v a ila b le . Chicago, Kansas City, Minne­ sible for obtaining any required U.S. to define or limit export areas. apolis, and Portland ABCS offices. Government export permit or license. Purchase from CCC shall not constitute Exports to certain countries are regu­ CORN, BU LK any assurance that any such permit or lated under the Export Control Act of Unrestricted use. license will be granted by the issuing 1949. These restrictions also apply to any A. Redemption of domestic payment-in- authority. commodities purchased from the Com­ kind certificates. Market price as determined Applicable announcements containing modity Credit Corporation whether sold by CCC, but not less than 115 percent of the all terms and conditions of sale will be for restricted or unrestricted use. Coun­ applicable 1968 price-support loan rate2 tot furnished upon request. For easy refer­ tries and commodities are specifically the class, grade, and quality of the corn plus listed in the U.S. Department of Com­ the markup shown in C of this unrestricted ence a number of these announcements use section. are identified by code number in follow­ merce Comprehensive Export Schedule. Additional information is available from B . General sales. ing list. Interested persons are invited 1. S to r a b le . Market price, as determined by to communicate with the Agricultural the Bureau of International Commerce CCC, but not less than the Agricultural Act Stabilization and Conservation Service, or from the field offices of the Depart­ of 1949 formula minim um price for such sales USDA, Washington, D.C. 20250, with ment of Commerce. which is 105 percent of the applicable 1968 price-support rate 2 (published loan rate plus respect to all commodities or—for speci­ S a l e s P r i c e o r M e t h o d o f S a l e fied commodities—with the designated 19 cents per bushel) for the class, grade, and w h e a t , b u l k quality of the corn, plus the markup shown ASCS commodity office. in C of this unrestricted use section. 6. Commodity Credit Corporation re­ Unrestricted use. A. S to r a b le . All classes of wheat In CCC 2. Nonstorable. At not less than market serves the right to amend from time to inventory are available for sale at market price as determined by CCC. time, any of its announcements. Such price but not below .115 percent of the 1968 amendments shall be applicable to and price-support loan rate for the class, grade, See footnotes at end of document.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4977

C. Markups and examples (dollars per applicable 1968 price-support rate* for the B . Markups and examples (dollars per bushel in-store 1 basis No. 2 yellow com 14 class, grade, and quality of the barley plus bushel in-store1 No. 2 or better ). percent M.T. 2 percent F M .). the applicable markup. B . Markups and examples (dollars per Markup bushel in-store 1 No. 2 or better ). in-store received by— Examples Markup in­ Examples store Markup in-store received by— Truck Bailor Examples barge $0.11^ Feed grain program domestic PIK Truck Bailor certificate minimums: barge $0.16 $0.13)4 Rollete County, N . Dak. ($0.89); 115 McLean County, 111. ($1.09+$0.02)4) percent +$0.16; $1.19. 115 percent +$0.11)i; $1.40)4. Minneapolis, Minn. ($1.23); 115 per- Agricultural Act of 1949; stat. mini­ $0.16 $0.13)4 Cass County, N. Dak. ($0.86); 115 cent +$0.13)4; $1.55)4. mums: percent +$0.16; $1.16. McLean County, DI. ($1.09+$0.02)4 Minneapolis, Minn. ($1.10); 115 per­ +$0.19); 105 percent +$0.11)4; cent +$0.13)4; $1.4034- C. Nonstorable. At not less than market $1.48)4. price as determined by CCC. E x p o r t. C. Nonstorable. At not less than market A va ila b le. Chicago, Kansas City, Mlnne- Sales are made at the higher of the do­ pride as determined by CCC. mestic market price, as determined by CCC, apolis, and Portland ASCS grain offices. E x p o r t. or 115 percent of the applicable 1968 price- GRAIN SORGHUM, BULK Sales are made at the higher of the do­ support loan rate plus carrying charges mestic market price, as determined by CCC, in section B. The statutory minimum price Unrestricted use. or 115 percent of the applicable 1968 price- A. Redemption of domestic payment-in­ referred to in thé price adjustment provi­ support loan rate plus carrying charges in sions of the following export sales announce­ kind certificates. Market price, as de­ section B. The statutory minimum price re­ ment is 105 percent of the applicable price- termined by CCC, but not less than 115 ferred to in the price adjustment provisions support rate plus the markup referred to in percent of the applicable 1968 price-support of the following export sales announcement B of the unrestricted use section for rye. loan rate2 for the class, grade, and quality is 105 percent of the applicable price-support Sales will be made pursuant to the follow­ of the grain sorghum, plus the markup rate plus the markup referred to in B of the ing announcement : shown in C of this unrestricted use section unrestricted use section for barley. Sales A. Announcement GR-212 (Revision 2, applicable to the type of carrier involved. will be made pursuant to the following Jan. 9, 1961) for cash or other designated B. G e n era l sa les. announcement: 1. S to ra b le . Market price, as determined by sa les. A. Announcement GR-212 (Revision 2, CCC, but not less than the Agricultural Act A v a ila b le . Chicago, Kansas City, Portland, Jan. 9, 1961) for cash or other designated of 1949 formula minimum price for such sa les. and Minneapolis ASCS grain offices. sales which is 105 percent of the applicable 1968 price-support rate 2 (published loan rate A v a ila b le . Chicago, Kansas City, Minne­ RICE, ROUGH plus 34 cents per hundredweight) for the apolis, and Portland grain offices. Unrestricted use. class, grade, and quality of the grain sor­ OATS, B U LK Market price but not less than 1968 loan ghum, plus the markup shown in C of this rate plus 5 percent plus 35 cents per hun­ unrestricted use section applicable to the Unrestricted use. dredweight, basis in store. type of carrier involved. . A. S to r a b le . Market price, as determined by E x p o r t. 2. Nonstorable. At not less than market CCC, but not less than 115 percent of the As milled or brown under Announcement price as determined by CCC. applicable 1968 price-support rates2 for the GR-369, Revision III, as amended, Rice Ex­ C. Markups and examples (dollars per hun­ class, grade, and quality of the oats plus the port Program. dredweight in-store1 No. 2 or' better). markup shown in B below. A v a ila b le . Prices, quantities, and varieties B . Markup and example (dollars per of rough rice available from Kansas City Markup in-store bushel in-store 1 Basis No. 2 XHW O). ASCS Commodity Office. received by— Examples COTTON, UPLAND Track Rail or Unrestricted use. barge Markup in­ Example A. Competitive offers under the terms and store conditions of Announcement NO-C-32 (Sale $0.19 H $0.15JÎ Feed grain program domestic PIK of Upland Cotton for Unrestricted Use). certificate minimums: Under this announcement, upland cotton Hale County, Tex. ($1.63) 115 per­ acquired under price-support programs will cent +$0.19Ji; $2.07*4. $0.16 Redwood County, Minn. ($0.60+$0.03 Kansas City, Mo. ($1.81) 115 per­ quality differential); 115 percent be sold at the highest price offered but in no cent +$0.15)4; $2.24)4. +$0.16; $0.89. event at less than the higher of (a) 110 per­ Agricultural Act of 1949; stat. mini­ cent of the 1968 loan rate for such cotton, mums: or (b) the market price for such cotton, as Hale County, Tex. ($1.63+$0.34); C. Nonstorable. At not less than the market determined by CCC. 105 percent +$0.19*4; $2.26*4. price as determined by CCC. Kansas City, Mo. ($1.81+$0.34); B. Competitive offers under the terms and 105 percent +$0.15)4; $2.41Ji. E x p o r t. Sales are made at the higher of the conditions of Announcement NO-C-31 (Dis­ domestic market price, as determined by position of Upland Cotton—In Redemption Export. CCC, or 115 percent of the applicable 1968 of Payment-In-Kind Certificates or Rights in Sales are made at the higher of the do­ price-support loan rate plus carrying charges Certificate Pools, In Redemption of Export mestic market price, as determined by CCC, in section B. The statutory minimum price Commodity Certificates, Against the “Short­ 115 percent of the applicable 1968 price- referred to in the price adjustment provi­ fall,” and Under Barter Transactions), as upport loan rate plus carrying charges sions of the following export sales announce­ amended. Cotton may be acquired at its cur­ rpf ®ectlon c - The statutory minimum price ments is 105 percent of the applicable price- rent market price, as determined by CCC, but of tvf6# ln tlle Prlce adjustment provisions support rate plus the markup referred to in B not less than a minimum price determined is ihr followlng export sales announcements of the unrestricted use section for oats. Sales by CCC, which will in no event be less than rat« °P ercent of the applicable price-support will be made pursuant to the following 120 points (1.2 cents) per pound above the the markup referred to in C of the announcement: 1968 loan rate for such Cotton. use section for grain sorghum. A. Announcement GR-212 (Revision 2, E x p o r t. annouïSmen“ pursuant to the followin« Jan. 9, 1961), for application to barter con­ CCC disposals for barter. Competitive offers tracts and for cash or other designated sales. under the terms and conditions of Announce­ Jai' Qn^ ncement GR-212 (Revision 2, A v a ila b le . Kansas City, Chicago, Minne­ ments CN-EX-28 (Acquisition of Upland Cot­ sales y’ 19 ■ for cash or other designated apolis, and Portland ASCS grain offices. ton for Export Under the Barter Program), and NO-C-31, as amended, at the prices de­ RYE, B U LK City* CWcago, Minne- scribed in the preceding paragraph B. ’ and Portland ASCS grain offices. Unrestricted use. COTTON, EXTRA LONG STAPLE DAniiE x , B U LK A. S to r a b le . Market price, as determined Unrestricted use. Unrestricted use. by CCC, but not less than the Agricultural Act of 1949 formula price which is 115 per­ Competitive offers under the terms and Ccc Market price, as determini cent* of the applicable 1968 price-support conditions of Announcements NO-C-6. (Re­ t not less than 115 percent oi rate for the class, grade, and quality of the vised July 22, 1960), as amended, and NO-C- grain plus the markup shown in B below 10, as amended. Under these announcements ee footnotes at end of document. applicable to the type of carrier involved. extra long staple cotton (domestically grown)

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4978 NOTTCES

U S D A Agricultural Stabilization and Con- ■will be sold at the highest price offered but in Terms and conditions of sale are as set servation Service Offices no event at less than the higher of (a) 115 forth in Announcement NTOM-PR—4 of percent of the current support price for such April 6, 1967, as amended, and the applica­ GRAIN OFFICES cotton plus reasonable carrying charges, or ble Invitation to Bid. Kansas City ASCS Commodity Office, 8930 (b) the domestic market price as determined Bids will include, and be evaluated on the Ward Parkway (Post Office Box 205), b y CCC. basis of, price offered per pound f.o.b. storage Kansas City, Mo. 64141. Telephone: E x p o r t. location. For certain destinations, CCC will CCC disposals for barter. Competitive offers as provided in the Announcement, as Area Code 816, Emerson 1-0860. Alabama, Alaska, Arizona, Arkansas, Colo­ under the terms and conditions of Announce­ amended, refund to the buyer a “freight rado, Florida, Georgia, Hawaii, Kansas, ment CN-EX-29 (Acquisition of American- equalization” allowance. Egyptian Cotton for Export Under the Barter Copies of the Announcement or the Invi­ Louisiana, Mississippi, Missouri, Ne­ Program), and NO-C-6 (Revised), as tation may be obtained from the Cooperative braska, Nevada, New Mexico, North Caro­ amended, at not less than the market price, or Producer Associations Division, ASCS, lina, Oklahoma, South Carolina, Ten­ as determined by CCC. Telephone Washington, D.C., area code 202, nessee, Texas, and Wyoming (domestic and export). California (domestic only), COTTON, UPLAND OR EXTRA LONG STAPLE D U 8 -3 9 0 1 . FLAXSEED, BULK Connecticut, Delaware, Illinois, Indiana, Unrestricted use. Iowa, Kentucky, Maine, Maryland, Mas­ Competitive offers under the terms and Unrestricted use. sachusetts, Michigan, New Hampshire, conditions of Announcement NO-C-20 (Sale A. S to r a b le . Market price, as determined by New Jersey, New York, Ohio, Pennsyl­ of Special Condition Cotton). Any such cot­ CCC, but not less than 105 percent of the vania, Rhode Island, Virginia, Vermont, ton (Below Grade, Sample Loose, Damaged applicable 1968 price-support rate’ for the and West Virginia.(export only). Pickings, etc.) owned by CCC will be offered grade and quality of the flaxseed plus the ap­ Branch Office— Chicago ASCS Branch Office, for sale periodically on the basis of samples plicable markup. 226 West Jackson Boulevard, Chicago, representing the cotton according to sched­ B. Markups and example (dollars per • 111. 60606. Telephone: Area Code 312, ules issued from time to time by CCC. bushel in-store No. 1, 9.1—9.5 percent mois­ 353-6581. t u r e ) . Availability information. Connecticut, Delaware, Illinois, Indiana, Sale of cotton will be made by the New Iowa, Kentucky, Maine, Maryland, Mas­ Orleans ASCS Commodity Office. Sales an­ Markup per sachusetts, Michigan, New Hampshire, nouncements, related forms and catalogs for bushel re­ New Jersey, New York, Ohio, Pennsyl­ ceived by— Example of minimum prices— vania, Rhode Island, Virginia, Vermont, upland cotton and extra long staple cotton terminal and price showing quantities, qualities, and location and West Virginia (domestic only). may be obtained for a nominal fee from that Truck Rail or Branch Office—Minneapolis ASCS Branch office. barge Office, 310 Grain Exchange Building, COTTONSEED MEAL, BULK OR SACKED * Minneapolis, Minn. 55415. Telephone: E x p o r t. $0.15 $0.10% Minneapolis, Minn. ($3.16) 105 per­ Area Code 612, 334-2051. Competitive offers under the terms and cent + $0.10%; $3.42%. Minnesota, Montana, North Dakota, South conditions of Announcement NO-CS-7. Sales Dakota, and Wisconsin (domestic and will be made only for export to Far East C. Nonstorable. At not less than domestic e x p o r t). countries having ports on the Pacific Ocean market price as determined by CCC. Branch Office—Portland ASCS Branch Office, or on a sea tributary thereto (including A v a ila b le . Through the Minneapolis ASCS 1218 Southwest Washington Street, Australia and New Zealand). Branch Office. Portland, Oreg. 97205. Telephone: Area A v a ila b le . New Orleans Commodity Office. Code 503, 226-3361. D a ir y P r o d u c t s PEANUTS, SHELLED OR FARMERS STOCK Idaho, Oregon, Utah, and Washington Sales are in carlots only in-store at stor­ (domestic and export sales), California Restricted use sales. age location of products. (export sales only). When stocks are available in their area of Submission of offers. PROCESSED COMMODITIES OFFICE (ALL STATES) responsibility, the quantity, type, and grade Submit offers to the Minneapolis ASCS offered are announced in weekly lot lists Commodity Office. Minneapolis ASCS Commodity Office, 6400 or invitations to bid issued by the following: F ra n ce A v en u e S o u th , M in n ea p o lis, Minn. NONFAT DRY MILK GFA Peanut Association, Camilla, Ga. 55435. Telephone: Area Code 612, 334-3200. Peanut Growers Cooperative Marketing As­ Unrestricted use. sociation, Franklin, Va. Announced prices, under MP-14: Spray COTTON OFFICE (ALL STATES) Southwestern Peanut Growers’ Association, process, U.S. Extra Grade, 25.40 cents per New Orleans ASCS Commodity Office, Wirth Gorman, Tex. pound packed in 100-pound bags and 25.65 Building, 120 Marais Street, New O rlean s, Terms and conditions of sale are set forth cents per pound packed in 50-pound bags. La. 70112. Telephone: Area Code 504, in Announcement PR-1 of July 1, 1966, as E x p o r t. 527-7766. amended, and the applicable lot list. Announced prices, under MP-23, pursuant GENERAL SALES MANAGER OFFICES 1. Shelled peanuts of less than U.S. No. 1 to invitations issued by Minneapolis ASCS grade may be purchased for foreign or do­ Commodity Office. Invitations will indicate Representative of General Sales Manager, mestic crushing. the type of export sales authorized, the an­ New York Area: Joseph Reidinger, Federal 2. Farmers stock: Segregation 1 may be nounced price and the period of time such Building, Room 1759, 26 Federal Plaza, purchased and milled to produce U.S. No. 1 price will be in effect. New York, N.Y. 10007. Telephone: Area or better grade shelled peanuts which may Code 212, 264-8439, 8440, 8441. be exported. The balance of the kernels in­ BUTTER Representative of General Sales Manager, cluding any graded peanuts not exported Unrestricted use. West Coast Aiea: Callan B. Duffy, Ap­ must be crushed domestically. Segregation 2 Announced prices, under MP-14: 74 cents praisers’ Building, Room 802, 630 San- and 3 peanuts may be purchased for domestic per pound—New York, Pennsylvania, New some Street, San Francisco, Calif. 94111- crushing only. Jersey, New England, and other States bor­ Telephone: Area Code 415, 556-6185. Sales are made on the basis of competitive dering the Atlantic Ocean and Gulf of bids each Wednesday by the Producer Asso­ Mexico. 73.25 cents per pound—Washington, A SCS S t a t e O f f i c e s ciations Division, Agricultural Stabilization Oregon, and California. All other States 73 I llin o is, R o o m 232, U .S. P o st Office and Court­ and Conservation Service, Washington, D.C. cents per pound. house, Springfield, 111. 62701. Telephone. 20250, to which all bids must be sent. CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Area Code 217, 525-4180. TU NG OIL Indiana, Room 110, 311 West Washington Unrestricted use. Street, Indianapolis, Ind. 46204. Telephone: Unrestricted use. Announced prices, under MP-14: 52.750 Area Code 317, 633-8521. Sales are made periodically on a competi­ cents per pound—New York, Pennsylvania, tive bid basis. Bids are submitted to the New England, New Jersey, and other States Iowa, Room 937, Federal Building, 210 Wal* Producer Association Division, Agricultural bordering the Atlantic Ocean and Pacific nut Street, Des Moines, Iowa 50309. Tele­ Stabilization and Conservation Service, Ocean and the Gulf of Mexico. All other phone: Area Code 515, 284-4213. Washington, D.C. 20250. States 51.750 cents per pound. Kansas, 2601 Anderson Avenue, Manhattan, The quantity offered and the date bids are Kans. 66502. Telephone: Area Code 913. FOOTNOTES to be received are announced to the trade JE 9-3 5 3 1 . in notices of Invitations to Bid, issued by the 1 The formula price delivery basis for bin- Michigan, 1405 South Harrison Road, Ea** National Tung Oil Marketing Cooperative, site sales will be f .o.b. Lansing, Mich. 48823. Telephone: Area Inc., Poplarville, Miss. 39470. a Round product up to the nearest cent. Code 517, 372-1910.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4979

Missouri. I.O.O.P. Building, loth and Wal­ for career-oriented lectures for young partment of Commerce, Washington, nut Streets, Columbia, Mo. 65201. Tele­ people; for specialized lectures for educa­ DC. phone: Area Code 314, 442-3lil. ~ Minnesota. Boom 230, Federal Building and tional and scientific purposes. It is neces­ Docket No. 69-00220-63-46040. Appli­ U.S. Courthouse, 316 Robert Street, St. sary that the new instrument be com­ cant: U.S. Department of Agriculture, Paul, Minn. 55101. Telephone: Area Code patible with the general configuration, ARS, Southern Administrative Division, 612, 228-7651. the wiring requirements, and arrange­ Post Office Box 53326, 701 Loyola Avenue, Montana, Post Office Box 670, U.S.P.O. and ment of the original installation. Com­ Room T-11003, New Orleans, La. 70150. Federal Office Building, Bozeman, Mont. ments: No comments have been received Article: Electron miscroscope, Model EM 59715. Telephone: Area Code 406, 587-4511, with respect to this application. De­ 300 and accessories. Manufacturer: Ext. 3271. cision: Application approved. No instru­ Philips Electronic Instruments, The Nebraska, Post Office Box 793, 5801 O Street, Lincoln, Nebr. 68501. Telephone: Area Code ment or apparatus of equivalent scien­ Netherlands. Intended use of article: The 402, 475-3361. tific value to the foreign article, for such article will be used in the study of chemi­ North Dakota, Post Office Box 2017, 15 South purposes as this article is intended to be cal modification of cotton fibers; and in 21st Street, Fargo, N. Dak. 58103. Tele­ used, is being manufactured in the United investigations of intracellular cytological phone: Area Code 701, 237-5205. States. Reasons: The foreign article changes in oilseeds during processing of Ohio, Boom 202, Old Federal Building, Co­ is essentially an optical stereoptican cottonseed and peanuts. The specific cot­ lumbus, Ohio 43215. Telephone: Area Code projector designed for projecting images ton problem involves the effect of certain 614, 469-5644. of stars, planets, sun, and moon on swelling agents on the elementary cellu­ South Dakota, Post Office Box 843, 239 Wis­ consin Street SW„ Huron, S. Dak. 57350. to a dome, to provide a picture of lose fibrils which constitute the struc­ Telephone: Area Cdde 605, 352-8651, Ext. their apparent relative size and posi­ tural units of the cotton fiber cell wall. 321 or 310. tion at a particular time of the year. In samples obtained by mechanical agita­ Wisconsin, Post Office Box 4248, 4601 Ham- The foreign article is intended to replace tion, fragment thickness in either cotton mersley Road, Madison, Wis. 53711. Tele­ an obsolescent projector. Compatibility of or oilseed kernels is uncontrollable. For phone: Area Code 608, 254-4441, Ext. 7535. the replacement with the existing dome this reason, variable accelerating volt­ (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. and related 'equipment is a pertinent ages are necessary to permit adequate ex­ 714b. Interpret or apply sec. 407, 63 Stat. characteristic. We note that one domestic amination of both the thick and thin 1066; sec. 105, 63 Stat. 1051, as amended by 76 manufacturer, Spitz Laboratories, Inc. specimens in the sample. Comments: No Stat. 612; secs. 303, 306. 307, 76 Stat. 614-617; (Spitz), was afforded an opportunity to comments have been received with re­ 7UJ3.C. 1441 (note)) furnish an apparatus of equivalent scien­ spect to this application. Decision: Appli­ tific value}-for the purposes for which cation approved. No instrument or ap­ Signed at Washington, D.C., on the foreign article is intended to be used. paratus of equivalent scientific value to February 28, 1969. We note further that Spitz has under the foreign article, for such purposes as L io n e l C . H o l m , development a similar projector which, this article is intended to be used, was Acting Executive Vice President, however, is intended for domes larger being manufactured in the United States Commodity Credit Corporation. than that with which the foreign article at the time the applicant placed the or­ is intended to be used. Moreover, Spitz der for the foreign article (prior to [FR. Doc. 69-2719; Filed, Mar. 6, 1969; was unable to indicate when the proto­ June 24,1968). Reasons: (1) The foreign 8:4 5 a.m .] type of this projector would be available article provides a guaranteed resolving for demonstration. For the foregoing power of 5 angstroms. The only domestic reasons, we find that Spitz was not able electron microscope available prior to to produce a comparable apparatus and July 1,1968, was the Model EMU-4 which DEPARTMENT OF COMMERCE have it available so that it may be ob­ was manufactured by the Radio Corpora­ Business and Defense Services tained by the applicant without unrea­ tion of America (RCA). The RCA Model Administration sonable delay. (See § 602.1(f) of above- EMU-4 had a guaranteed resolving cited regulations.) power of 8 angstroms. (The lower the ADLER PLANETARIUM OF CHICAGO The Department of Commerce knows numerical rating in terms of angstrom PARK DISTRICT of no other instrument or apparatus of units, the better the resolving power.) The additional resolving power of the for­ Notice of Decision on Application for equivalent scientific value to the foreign article, for such purposes as the foreign eign article is considered pertinent to the Duty-Free Entry of Scientific Article article is intended to be used, which is purposes for which this article is intended The following is a decision on an ap­ being manufactured in the United to be used. (2) The foreign article pro­ plication for duty-free entry of a scien­ States. vides accelerating voltages of 20, 40, 60, tific article pursuant to section 6(c) of C h a r l e y M . D e n t o n , 80, and 100 kilovolts, whereas the RCA the Educational, Scientific and Cultural Assistant Administrator for In­ Model EMU-4 provided only 50- and 100- Materials Importation Act of 1966 (Pub­ dustry Operations, Business kilovolt accelerating voltages. It has been lic Law 89-651, 80 Stat. 897) and the reg­ and Defense Services Admin­ experimentally established that the lower ulations issued thereunder (32 F.R. 2433 istration. accelerating voltage of the foreign article offers optimum contrast for thin un­ et seq.). [F.R. Doc. 69-2732; Filed, Mar. 6, 1969; A copy of the record pertaining to this 8 :4 5 a .m .] stained biological specimens and that the decision is available for public review voltage intermediate between 50 and 100 during ordinary business hours of the De­ kilovolts affords optimum contrast for partment of Commerce, at the Scientific AGRICULTURAL RESEARCH SERVICE negatively stained specimens. The re­ Instrument Evaluation Division, Depart­ search program with which the foreign ment of Commerce, Washington, D.C. Notice of Decision on Application for article is intended to be used involves ex­ Duty-Free Entry of Scientific Article periments on both unstained and nega­ Docket No. 69-00383-16-61800. Appli­ tively stained specimens. Therefore, the cant: The Adler Planetarium of the The following Is a decision on an ap­ additional accelerating voltages provided Chicago Park District, 425 East 14th plication for duty-free entry of a scien­ by the foreign article are pertinent. Boulevard, Chicago, 111., 60605. Article: tific article pursuant to section 6(c) of For these reasons, we find that the Planetarium projector, Zeiss Model VI. the Educational, Scientific and Cultural RCA Model EMU-4 was not of equiva­ Manufacturer: Carl Zeiss, West Ger- Materials Importation Act of 1966 (Pub­ lent scientific value to the foreign article Intended use of article: The article lic Law 89-651, 80 Stat. 897) and the reg­ for the purposes for which such article ™i be used as a replacement of original ulations issued thereunder (32 F.R. 2433 is intended to be used. equipment installed in 1929 for series et seq.). The Department of Commerce knows lecture programs in the 68-foot dome of A copy of the record pertaining to this of no other instrument or apparatus of ITi pla?®tartum Presented for the gen- decision is available for public review equivalent scientific value to the foreign ai public; for elementary, junior high during ordinary business hours of the article, for such purposes as this article i P001» high school, and college special Department of Commerce, at the Scien­ is ip tended to be used, which was being lectures; for courses in adult education; tific Instrument Evaluation Division, De­ manufactured in the United States and

No. 45---- 7 FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4980 NOTICES available at the time the applicant BROOKHAVEN NATIONAL foreign article which reduces such stress placed the order for the foreign article. LABORATORY is pertinent. For these reasons, we find that the Charley M. Denton, Notice of Decision on Application for Assistant Administrator for In­ main magnet power supply offered by Duty-Free Entry of Scientific Article GE is not of equivalent scientific value dustry Operations, Business to the foreign article for such purposes and Defense Services Admin­ The following is a decision on an appli­ istration. as this article is intended to be used. cation for duty-free entry of a scientific The Department of Commerce knows [F.R. Doc. 69-2738; Filed, Mar. 6, 1969; article pursuant to section 6(c) of the Educational, Scientific, and Cultural of no other instrument or apparatus of 8 :4 5 a.m .] equivalent scientific value to the foreign Materials Importation Act of 1966 (Pub­ article, for such purposes as this article lic Law 89-651, 80 Stat. 897) and the is intended to be used, which was being BARTOL RESEARCH FOUNDATION regulations issued thereunder (32 F.R. 2433 et seq.). manufactured in the United States at the Notice of Decision on Application for A copy of the record pertaining to this time the applicant placed the order for Duty-Free Entry of Scientific Article decision is available for public review the foreign article. The following is a decision on an ap­ during ordinary business hours of the Charley M. Denton, plication for duty-free entry of a scien­ Department of Commerce, at the Scien­ Assistant Administrator for In­ tific article pursuant to section 6(c) of tific Instrument Evaluation Division, dustry Operations, Business the Educational, Scientific, and Cultural Department of Commerce, Washington, and Defense Services Admin­ Materials Importation Act of 1966 (Pub­ D.C. istration. lic Law 89-651, 80 Stat. 897) and the Docket No. 69-00179-98-65600. Appli­ [F.R. Doc. 69-2770; Filed, Mar. 6, 1969; cant: Brookhaven National Laboratory, 8 :4 8 a.m .] regulations issued thereunder (32 F.R. Associated Universities, Inc., Upton, 2433 et seq.). Long Island, N.Y. 11973. Article: Main A copy of the record pertaining to this magnet power supply. Manufacturer: CALIFORNIA INSTITUTE OF decision is available for public review Siemens AG, West Germany. Intended during ordinary business hours of the use of article: The article will be used TECHNOLOGY Department of Commerce, at the Scien­ as the source of controlled electric power tific Instrument Evaluation Division, Notice of Decision on Application for for the main magnet of the Alternating Duty-Free Entry of Scientific Article Department of Commerce, Washington, Gradient Synchrotron. The power sup­ D.C. ply is intended to increase the pulsing The following is a decision on an ap­ Docket No. 69-00325-15-40500. Appli­ rate and duty cycle of the synchrotron plication for duty-free entry of a scien­ cant : Bartol Research Foundation, Whit-, and to provide greater precision and flex­ tific article pursuant to section 6(c) of tier Place, Swarthmore, Pa. 19081. Ar­ ibility. These two improvements will the Educational, Scientific, and Cultural ticle: Fabry-Perot Etalon plates and increase the proton beam intensity ob­ Materials Importation Act of 1966 (Pub­ reference interferometer. Manufacturer: tainable from the synchrotron and lic Law 89-651, 80 Stat. 897) and the Scientific Optical Laboratories of Aus­ enhance the capability for conducting regulations issued thereunder (32 F.R. tralia, Pty., Ltd., Australia. Intended use advanced experiments in fundamental 2433 et seq.). of article: The articles will be used as high energy physics. Comments: No com­ A copy of the record pertaining to this components to an existing servo-con- ments have been received with respect decision is available for public review trolled interferometer for ultrahigh to this application. Decision: Application during ordinary business hours of the resolution spectroscopy of stellar light approved. No instrument or apparatus of Department of Commerce, at the Scien­ sources. Essentially the research falls equivalent scientific value to the foreign tific Instrument Evaluation Division, De­ among the pioneering entries into the article, for the purposes for which the partment of Commerce, Washington, field of spectral resolution in stellar foreign article is intended to be used, is D.C. spectra formerly reserved exclusively for being manufactured in the United States. Docket No. 69-00291-00-46040. Appli­ solar studies. Comments: No comments Reasons: The foreign article is designed cant: California Institute of Technology, have been received with respect to this to contain almost all of the stored energy 1201 East California Boulevard, Pasa­ application. Decision: Application ap­ in a massive generator rotor. There is no dena, Calif. 91109. Article: Double tilt proved. No instrument or apparatus of flywheel in the system. This design leads and rotation specimen stage and decon­ equivalent'Scientific value to the foreign to smaller torsional stresses on the main tam ination device. Manufacturer: Sie­ article, for such purposes as the article shaft. The only domestic manufacturer mens AG, West Germany. Intended use is intended to be used, is being manu­ to submit a proposal for the manufac­ of article: The article will be used as an factured in the United States. Reasons: ture of an instrument comparable to the accessory to an existing electron micro­ The application relates to components foreign article was the General Electric scope for rotation and tilt of noncon- for a servo-controlled interferometer Co. (GE). The GE design places about taminated thin crystal specimens during which had been entered duty-free under half of the rotational inertia in a sepa­ analysis by transmission electron micro­ tariff item 851.60, Tariff Schedules of rate flywheel. We are advised by the scopy. Comments: No comments have the United States. (See Docket No. 68- National Bureau of Standards (NBS) been received with respect to this appli­ 00404-15—40500, 33 F.R. 4381). that the stored energy of the rotating cation. Decision: Application approved. The Department of Commerce knows equipment proposed by the domestic No instrument or apparatus of equivalent of no similar components being manu­ manufacturer is smaller than that of the scientific value to the foreign article, for factured in the United States, which are foreign article. NBS further advises that such purposes as this article is intended either interchangeable with the foreign smaller stored energy results in greater to be used, is being manufactured in the articles or can be adapted to the foreign cyclic speed changes during operation United States. Reasons: The application instrument with which such articles are and consequently greater mechanical relates to an accessory for an electron intended to be used. stresses which can ultimately lead to seri­ microscope previously imported for use ous fatigue failure. In addition, NBS ad­ Charley M. Denton, of the applicant, which was manufac­ vises that any reasonable effort to reduce tured by the. supplier of the accessory. Assistant Administrator for In­ the causes of fatigue failure in equip­ dustry Operations, Business ment of this sort is justified since the The Department of Commerce knows and Defense Services Admin­ intended use of the foreign article places of no similar accessory being manufac­ istration. unusually high and repetitive mechani­ tured in the United States, which is [F.R. Doc. 69-2733; Filed, Mar. 6, 1969; cal stress on large rotating electrical either interchangeable with the foreign 8 :4 5 a.m .] equipment. Therefore, the design of the article or can be adapted to the instru-

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4981 ment with which the foreign article is provides as low as 60 magnifications. Decision: Application approved. No in­ intended to be used. This characteristic permits the student strument or apparatus of equivalent C h a r l e y M . D e n t o n , to make an easy transition from light to scientific value to the foreign article, for Assistant Administrator for In­ electron microscopy. (3) The foreign such purposes as this article is intended dustry Operations, Business article also provides a digital readout for to be used, was being manufactured in and Defense Services Admin­ focusing adjustments, which allows the the United States at the time the appli­ istration. instructor to check correctness of the cant placed the order for the foreign students’ focusing adjustments and to [F.R. Doc. 69-2734; Piled, Mar. 6, 1969; article (June 5, 1967). Reasons: (1) The 8:45 ajn.] exactly repeat focusing adjustment for foreign article provided a guaranteed several students performing an identi­ resolution of 5 angstroms. The only do­ cal experiment. mestic electron microscope available CHILDREN’S ORTHOPEDIC HOSPITAL For the foregoing reasons, we find that prior to July 1, 1968, was the Model AND MEDICAL CENTER the RCA Model EMU-4B is not of equiv­ EMU-4 which was manufactured by the alent scientific value to the foreign ar­ Radio Corporation of America (RCA). Notice of Decision- on Application for ticle for the purposes for which such The RCA Model EMU-4 has a guaran­ Duty-Free Entry of Scientific Article article is intended to be used. teed resolution of 8 angstroms. (The The Department of Commerce knows lower the numerical rating in terms of The following is a decision on an ap­ of no other instrument or apparatus of angstrom units, the better the resolu­ plication for duty-free entry of a scien­ equivalent scientific value to the for­ tion.) The additional resolution of the tific article pursuant to section 6(c) of eign article, for the purposes for which foreign article is considered pertinent to the Educational, Scientific, and Cultural such article is intended to be used, which the purposes for which this article is Materials Importation Act of 1966 (Pub­ is being manufactured in the United intended to be used. (2) The foreign ar­ lic Law 89-651, 80 Stat. 897) and the States. ticle provided accelerating voltages of regulations issued thereunder (32 F.R. C h a r l e y M . D e n t o n , 20, 40, 60, 80, and 100 kilovolts, whereas 2433 et seq.). Assistant Administrator for In­ the RCA Model EMU-4 provided only A copy of the record pertaining to this dustry Operations, Business 50- and 100-kilovolt accelerating volt­ decision is available for public review and Defense Services Admin­ ages. It has been experimentally estab­ during ordinary business hours of the istration. lished that the lower accelerating voltage Department of Commerce, at the Scien­ [F.R. Doc. 69-2771; Filed, Mar. 6, 1969; of the foreign article offers optimum con­ tific Instrument Evaluation Division, De­ 8 :4 8 a.m .] trast for thin unstained biological speci­ partment of Commerce, Washington, mens and that the voltage intermediate D.C. between 50 and 100 kilovolts affords op­ Docket No. 69-00211-33-46040. Appli­ GENESEE HOSPITAL timum contrast for the negatively cant: Children’s Orthopedic Hospital and stained specimens. Since, both unstained Medical Center, 4800 Sand Point Way Notice of Decision on Application for and negatively stained specimens will be NE., Seattle, Wash. 98105. Article: Elec­ Duty-Free Entry of Scientific Article used in the experiments the additional tron microscope, Model EM 9A. Manu­ The following is a decision on an ap­ accelerating voltages provided by the facturer: Carl Zeiss, West Germany. plication for duty-free entry of a scien­ foreign article are pertinent. Intended use of article: The article will tific article pursuant to section 6(c) of For these reasons, we find that the be used for education, research, and the Educational, Scientific, and Cultural RCA Model EMU-4 was not of equivalent acute diagnostic work. In education, it Materials Importation Act of 1966 scientific value to the foreign article for will be used for teaching residents and (Public Law 89-651, 80 Stat. 897) and the purposes for which such article is fellows in pediatric pathology; teaching the regulations issued thereunder (32 intended to be used. of medical students; teaching fellows in F.R. 2433 et seq.) . The Department of Commerce knows clinical virology and microbiology, and A copy of the record pertaining to this of no other instrument or apparatus of fellows in clinical oncology, as well as decision is available for public review equivalent scientific value to the foreign students in medical technology. For re­ during ordinary business hours of the article, for the purposes for which such search, it will be used to study sudden Department of Commerce, at the Scien­ article is intended to be used, which was death syndrome in infants, studies on tific Instrument Evaluation Division, being manufactured in the United States neuroblastoma of infancy and research Department of Commerce, Washington, and available at the time the applicant in application of electron microscopy to D.C. placed the order for the foreign article. surgical pathology. In acute diagnostic Docket No. 69-00180-33-46040. Appli­ work, it will be utilized for rapid exami­ C h a r l e y M . D e n t o n , cant: The Genesee Hospital, 224 Alexan­ Assistant Administrator for In­ nation of clinical specimens for suspect der Street, Rochester, N.Y. 14607. diseases of highly contagious nature. dustry Operations, Business Article: Electron microscope, Model and Defense Services Admin­ Comments: No comments have been re­ EM300 and accessories. Manufacturer: istration. ceived with respect to this application. Philips Electronic Instruments, Inc., the Decision; Application approved. No in­ Netherlands. Intended use of article: The [F.R. Doc. 69-2772; Filed, Mar. 6, 1969: strument or apparatus of equivalent article will be used for medical research 8 :4 8 a.m .] scientific value to the foreign article, for and teaching at the Institution. Current the purposes for which such article is in­ studies include: INSTITUTE FOR MEDICAL RESEARCH tended to be used, is being manufactured 1. Intracellular localization of specific in the United States. Reasons: (1) The pepsinogens by electron microscopy OF SANTA CLARA COUNTY applicant requires an electron micro­ involving immunohistochemical tech­ Notice of Decision on Application for scope which is suitable for instruction niques. Duty-Free Entry of Scientific Article in the basic principles of electron micro­ 2. Measurement of membrane thick­ scopy. The foreign article is a relatively ness in the tubular systems of human The following is a decision on an ap­ simple, medium resolution electron fetal acid secreting cells. plication for duty-free entry of a scien­ nucroscope which can be used by students 3. Determination of the frequency of tific article pursuant to section 6(c) of with a minimum of detailed programing occurence and characterization of nu­ the Educational, Scientific, and Cul­ and early use by the student with self- clear excrescences in neutrophiles of tural Materials Importation Act of 1966 confidence. The only known domestic patients suffering from carcinoma and (Public Law 89-651, 80 Stat. 897) and electron microscope is the Model EMU- in appropriate controls. the regulations issued thereunder (32 manufactured by the Radio Corpora­ 4. Several projects including electron F.R. 2433 et seq.). tion of America (RCA). This domestic microscopic evaluation of biological A copy of the record pertaining to this instrument is a relatively complex in- specimens are being performed by Re­ decision is available for public review rument designed for research, which search Fellow-Trainees. during ordinary business hours of the fn^ires a skme* electron microscopist Comments: No comments have been re­ Department of Commerce, at the Scien­ r operation. (2) The foreign article ceived with respect to this application. tific Instrument Evaluation Division, De-

FED ERA L REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4982 NOTICES partment of Commerce, Washington, during ordinary business hours of the JOHNS HOPKINS UNIVERSITY D.C. Department of Commerce, at the Docket No. 69-00209-33-54500. Appli­ Scientific Instrument Evaluation Divi­ Notice of Decision on Application for cant: Institute for Medical Research of sion, Department of Commerce, Wash­ Duty-Free Entry of Scientific Article Santa Clara County, 751 South Bascom ington, D.C. The following is a decision on an ap­ Avenue, San Jose, Calif. 95128. Article: Docket No. 69-00166-33-46500. Appli­ plication for duty-free entry of a scien­ Light coagulator, Model 5000 complete cant: Iowa State University, Ames, Iowa tific article pursuant to section 6(c) of with spare parts. Manufacturer: Carl 50010. Article: Ultramicrotome, Model the Educational, Scientific, and Cultural Zeiss, Jena, West Germany. Intended use LKB 8800A Ultrotome m . Manufactur­ Materials Importation Act of 1966 of article: The article will be used for er: LKB Produkter AB, Sweden. In­ (Public Law 89-651, 80 Stat. 897) and experimental surgery within the vitreous tended use of article: The article will be the regulations issued thereunder (32 (or back portion of the eye), and for used for cutting sections of muscle and F.R. 2433 et seq.). continuous viewing of this work. It will pelleted fractions within the range of A copy of the record pertaining to this free both hands to perform intricate 50 angstroms to 1,300 angstroms in thick­ decision is available for public review maneuvers in photographing selected ness for electron microscopy. Some of during ordinary business hours of the sights and actions to illustrate to others the thicker sections will be used for Department of Commerce, at the what can only be seen by the surgeon. light microscopy. This constitutes the Scientific Instrument Evaluation Divi­ This equipment is unique in that no ultrastructural aspect of the investiga­ sion, Department of Commerce, Wash­ other instrument permits continuous tion of the components and reconsti­ ington, D.C. viewing with both hands available to do tuted structure of Z lines in striated the actual surgery. Comments. No com­ skeletal muscle. Only by cutting ultrathin Docket No. 69-00207-33-46040. Appli­ ments have been received with respect to equal-thickness sections is it possible to cant: The Johns Hopkins University, this application. Decision: Application make such reconstitutions. Comments: Department of Biology, 34th and Charles approved. No instrument or apparatus of No comments have been received with Streets, Baltimore, Md. 21218. Article: 2 equivalent scientific value to the foreign respect to this application. Decision: each electron microscopes, JEM-30B. article, for the purposes for which such Application approved. No instrument or Manufacturer: Japan Electron Optics article is intended to be used, is being apparatus of equivalent scientific value JLaboratory Co., Ltd., Japan. Intended manufactured in the United States. to the foreign article, for the purposes use of article: The article will be Reasons: The foreign article provides for which such article is intended to be used in teaching undergraduates in direct visual control of the photocoagula­ used, is being manufactured in the United biology and premedicine, basic tech­ tion process while freeing the surgeon’s States. Reasons: (1) The foreign article niques of modem microscopy. It should hands through the use of integrated has a guaranteed minimum thickness be emphasized that the instrument is capability of 50 angstroms. The most greatly simplified, compact, and portable, stereoscopic optics and a controlled requiring no permanent installation and xenon arc source. Domestic laser powered closely comparable domestic instrument is the Model MT-2 ultramicrotome demanding little skill in its operation. instruments do not provide means of di­ Only such an instrument is suitable for rect visual control of the photocoagula­ which is manufactured by Ivan Sorvall, Inc. (Sorvall). The Sorvall Model MT-2 introductory instruction of some 120 tion process while freeing the surgeon’s students with no previous experience in hands which is pertinent to the purposes has a guaranteed minimum thickness capability of 100 angstroms. The better electron microscopy. Comments: No for which the foreign article is intended comments have been received with re­ to be used. thin sectioning capability of the foreign article is pertinent because the thinner spect to this application. Decision: Ap­ For the foregoing reasons, we find that the section that can be examined under plication approved. No instrument or the domestic laser powered instruments an electron microscope, the more it is apparatus of equivalent scientific value for use in the photocoagulation process possible to take advantage of the ulti­ to the foreign article, for the purposes are not of equivalent scientific value to mate resolving power of the electron for which such article is intended to be the foreign article for the purposes for microscope. (2) The foreign article has used, is being manufactured in the United which the foreign article is intended to a thermal advance, whereas the Sorvall States. Reasons: The foreign article is be used. Mhdel MT-2 has a gear driven mechani­ to be used primarily in teaching under­ The Department of Commerce knows cal advance. For the purposes for which graduates in biology and premedical of no other instrument or apparatus of the foreign article is intended to be used, students, the basic techniques of modern equivalent scientific value to the foreign the applicant requires a long series of microscopy. The only known domestic article, for the purposes for which such ultrathin sections. We are advised by the electron microscope is the Model EMU- article is intended to be used, which is Department of Health, Education, and 4B manufactured by the Radio Corpora­ being manufactured in the United States. Welfare (HEW), in its memorandum tion of America (RCA). This domestic C h a r l e y M . D e n t o n , dated December 12, 1968, that only instrument is a relatively complex instru­ Assistant Administrator for In­ thermal advance ultramicrotomes have ment designed for research, which re­ dustry Operations, Business performed satisfactorily where long quires a skilled electron microscopist for and Defense Services Admin­ series of ultrathin and uniform sections its operation. The foreign article is a istration. are required. For the foregoing reasons, small, relatively simple electron micro­ we find that the Sorvall Model MT-2 is scope which is suitable for teaching un­ [F.R. Doc. 69-2773; Filed, Mar. 6, 1969; not of equivalent scientific value to the dergraduate students who are later ex­ 8 :4 8 a.m .] foreign article, for such purposes as this pected to use the more complex instru­ . article is intended to be used. ment. In addition, the foreign article is mobile and may thus be moved from one IOWA STATE UNIVERSITY The Department of Commerce knows of no other instrument or apparatus of location to another for different courses, Notice of Decision on Application for equivalent scientific value to the foreign whereas the RCA Model EMU-4B re­ Duty-Free Entry of Scientific Article article, for the purposes for which such quires a fixed installation with suitable article is intended to be used, which is provisions for water cooling and shield­ The following is a decision on an ap­ being manufactured in the United ing. plication for duty-free entry of a scien­ States. For the foregoing reasons, we find tific article pursuant to section 6(c) of that the RCA Model EMU-4B is not of the Educational, Scientific, and Cultural C h a r l e y M . D e n t o n , equivalent scientific value to the foreign Materials Importation Act of 1966 (Pub­ Assistant Administrator for In­ article for the purposes for which such lic Law 89-651, 80 Stat. 897) and the dustry Operations, Business article is intended to be used. regulations issued thereunder (32 F.R. and Defense Services Admin­ istration. The Department of Commerce knows 2433 et seq.). of no other instrument or apparatus of A copy of the record pertaining to this [F.R. Doc. 69-2774; Filed, Mar. 6, 1969; equivalent scientific value to the foreign decision is available for public review 8:48 aJtn.] article, for the purposes for which such

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4983 article is intended to be used, which is manufacturing a precision balance in factured by a Japanese affiliate of the being manufactured in the United States. accordance with the desired specifica­ domestic manufacturer.) C h a r l e y M . D e n t o n , tions, was willing to produce the balance We therefore find that no domestic Assistant Administrator for In­ and have it available to the applicant manufacturer known to be capable of dustry Operations, Business without unreasonable delay. manufacturing a precision balance in accordance with the desired specifica­ and Defense Services Admin­ C h a r l e y M . D e n t o n , istration. Assistant Administrator for In­ tions, was willing to produce the balance dustry Operations, Business and have it available to the applicant [F.R. Doc. 69-2775; Filed, Mar. 6, 1969; without unreasonable delay. 8 :4 9 a.m .] and Defense Services Admin­ istration. C h a r l e y M . D e n t o n , [F.R. Doc. 69-2735; Filed, Mar. 6, 1969; Assistant Administrator for In­ NATIONAL BUREAU OF STANDARDS 8 :4 5 a.m .] dustry Operations, Business and Defense Services Admin­ Notice of Decision on Application for istration.' Duty-Free Entry of Scientific Article NATIONAL BUREAU OF STANDARDS [F.R. Doc. 69-2776; Filed, Mar. 6, 1969; 8:4 9 a.m .] The following is a decision on an ap­ Notice of Decision on Application for plication for duty-free entry of a scien­ Duty-Free Entry of Scientific Article tific article pursuant to section 6(c) of NATIONAL BUREAU OF STANDARDS the Educational, Scientific, and Cultural The following is a decision on an ap­ Materials Importatipn Act of 1966 (Pub­ plication for duty-free entry of a scien­ Notice of Decision on Application for lic Law 89-651, 80 Stat. 897) and the tific article pursuant to section 6(c) of Duty-Free Entry of Scientific Article regulations issued thereunder (32 F.R. the Educational, Scientific, and Cultural 2433 et seq.). Materials Importation Act of 1966 (Pub­ The following is a decision on an ap­ A copy of the record pertaining to this lic Law 89-651, 80 Stat. 897) and the plication for duty-free entry of a scien­ decision is available for public review regulations issued thereunder (32 F.R. tific article pursuant to section 6(c) of during ordinary business hours of the 2433 et seq.). the Educational, Scientific, and Cultural Department of Commerce, at the Scien­ A copy of the record pertaining to this Materials Importation Act of 1966 (Pub­ tific Instrument Evaluation Division, De­ decision is available for public review lic Law 89-651, 80 Stat. 897) and the partment of Commerce, Washington, during ordinary business hours of the regulations issued thereunder (32 F.R. D.C. Department of Commerce, at the Scien­ 2433 et seq.). Docket No. 69-00191-82-04000. Appli­ tific Instrument Evaluation Division, De­ A copy of the record pertaining to this cant: National Bureau of Standards, partment of Commerce, Washington, decision is available for public review Washington, D.C. 20234. Article: Preci­ during ordinary business hours of the D.C. Department of Commerce, at the Scien­ sion balance, 100-gram capacity single­ Docket No. 69-00192-82-04000. Appli­ tific Instrument Evaluation Division, pan, Model Voland 100-G. Manufac­ cant: National Bureau of Standards, Department of Commerce, Washington, turer: Voland Co., Japan. Intend use of Washington, D.C. 20234. Article: Preci­ D.C. article: The article will be used to pro­ sion balance, 1-kilogram capacity single­ Docket No. 69-00193-82-04000. Appli­ vide new weights and measures stand­ pan, Model CB 1000. Manufacturer: Met- cant: National Bureau of Standards, ards and precision instruments to each of tler Instrument Corp., Switzerland. In­ Washington, D.C. 20234. Article: Pre­ the 50 States (Public Law 89-164, 1965). tended use of article: The article will cision balance, constant-load 3-kilogram Its purpose will be to conduct precise cal­ be used to provide new weights and meas­ capacity single-pan, Model Voland 3 Kg. ibration of weights, as well as to deter­ ures standards and precision instruments Manufacturer: Voland Corp., Japan. In­ mine accuracy of weights and scientific to each of the 50 States (Public Law tended use of article: The article will be material. Comments: No comments have 89-164, 1965). Its purpose will be to used to provide new weights and meas­ been received with respect to this appli­ conduct precise calibration of weights, as ures standards and precision instruments cation. Decision: Application approved. well as to determine accuracy of weights to each of the 50 States (Public Law 89- No instrument or apparatus of domestic and scientific material. Comments: No 164,1965). Its purpose will be to conduct manufacture, which is of equivalent comments have been received with re­ precise calibration of weights, as well as scientific value to the foreign article, for spect to this application. Decision: Ap­ to determine accuracy of weights and such purposes as this article is intended plication approved. No instrument or ap­ scientific material. Comments: No com­ to be used, was made available to the paratus of domestic manufacture, which ments haVe been received with respect to applicant by domestic manufacturers in is of equivalent scientific value to the this application. Decision: Application response to invitations to bid. Reasons: foreign article, for such purposes as this approved. No instrument or apparatus A highly precise analytical balance, con­ article is intended to be used, was made of domestic manufacture, which is of forming to the stipulated specifications available to the applicant by domestic equivalent scientific value to the foreign in all essential respects, is as a rule manufacturers in response to invitations article, for such purposes as this article made to order. The matter of availability to bid. Reasons: A highly precise analyt­ is intended to be used, was made avail­ concerns the capability and willingness ical balance, conforming to the stipu­ able to the applicant by domestic manu­ of domestic manufacturers of precision lated specifications in all essential re­ facturers in response to invitations to balances to custom make the balance de­ spects, is as a rule made to order. The bid. Reasons: A highly precise analytical scribed in the invitation to bid in ac­ matter of availability concerns the capa­ balance, conforming to the stipulated cordance with the desired characteris­ bility and willingness of domestic man­ specifications in all essential respects, is tics. We note that the applicant had ufacturers of precision balances to cus­ as a rule made to order. The matter of submitted invitations to bid to all known tom make the balance described in the availability concerns the capability and domestic manufacturers of precision bal­ invitation to bid in accordance with the willingness of domestic manufacturers ances. (See reply to Question 10 of ap­ desired characteristics. We note that the of precision balances to custom make the plication.) We note further that no applicant had submitted invitations to balance described in the invitation to Precision balance of domestic manufac­ bid to all known domestic manufacturers bid in accordance with the desired char­ ture was offered in response to the invi­ of precision balances. (See reply to Ques­ acteristics. We note that the applicant tation to bid. (One domestic manufac­ tion 10 of application.) We note further had submitted invitations to bid to all turer did offer to furnish a precision that no precision balance of domestic known domestic manufacturers of pre­ balance meeting the applicant’s speci­ cision balances. (See reply to Question fication, but this was to be manufactured manufacture was offered in response to the invitation to bid. (One domestic 10 of application.) We note further that by a Japanese affiliate of the domestic no precision balance of domestic manu­ manufacturer.) manufacturer did offer to furnish a pre­ facture was offered in response to the We therefore find that no domestic cision balance meeting the applicant’s invitation to bid. (One domestic manu­ manufacturer known to be capable of specification, but this was to be manu­ facturer did offer to furnish a precision

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4984 NOTICES balance meeting the applicant’s spec­ weeks (see letter from applicant dated R-20. Manufacturer: Hitachi, Ltd., ification, but this was to be manufac­ Oct. 30, 1968)), was the Model EMU-4 Japan. Intended use of article: The arti­ tured by a Japanese affiliate of the which was manufactured by the Radio cle will be used for two primary func­ domestic manufacturer.) Corporation of America (RCA). The for­ tions: As an instructional tool in prop­ We therefore find that no domestic eign article has a quaranteed resolving erties and uses of nuclear magnetic manufacturer known to be capable of capability of 5 angstroms, whereas the resonance in a variety of course settings manufacturing a precision balance in RCA Model EMU-4 had a guaranteed and for independent study and research accordance with the desired specifica­ resolving capability of 8 angstroms. (The by undergraduates and faculty members. tions, was willing to produce the balance lower the numerical rating in terms of Research projects include the following: and have it available to the applicant angstrom units, the better the resolving a. A study of the relative chemical without unreasonable delay. capability.) For such purposes as the shifts of -the acetone and chloroform foreign article is intended to be used, the Charley M. D enton, signals in solution of varying composition Assistant Administrator for In­ additional resolving capability of the for­ and with varying additions of “inert” dustry Operations, Business eign article is a pertinent characteristic. diluents in order to study hydrogen bond­ and Defense Services Admin­ In addition, the foreign article provides ings in this system. istration. accelerating voltages of 20, 40, 60, 80, b. Characterization of inorganic rare and 100 kilovolts, whereas the RCA Model earth oxyfluorides by fluorine NMR. [F.R. Doc. 69-2777; Filed, Mar. 6, 1969; EMU-4 provided only 50- and 100-kilo­ 8 :4 9 a.m .] volt accelerating voltages. It has been c. A characterization a n d reaction experimentally established that the lower condition study directed toward the syn­ accelerating voltage of the foreign article thesis of unsaturated B-lactams. NATIONAL INSTITUTES OF HEALTH provides optimum contrast for unstained d. A study of the proton exchange rate biological specimens and that voltages for N,N-dimethylbenzyl amine. Notice of Decision on Application for COMMENTS: Comments have been re­ Duty-Free Entry of Scientific Article intermediate between 50 and 100 kilo­ volts provide optimum contrast for nega­ ceived from one domestic manufacturer, The following is a decision on an ap­ tively stained specimens. Since the in­ Varían Associates (Varían) which al­ plication for duty-free entry of a scien­ vestigations in which the foreign article leges inter alia that the Varían Model tific article pursuant to section 6(c) of is intended to be used involve both un­ HA-60IL nuclear magnetic resonance the Educational, Scientific, and Cultural stained and negatively stained biological spectrometer is “scientifically equivalent Materials Importation Act of 1966 (Pub­ specimens, the additional accelerating to the Japanese made R-20 for the pur­ lic Law 89-651, 80 Stat. 897) and the voltages of the foreign article are per­ poses intended.” (See item (3) of at­ regulations issued thereunder (32 F.R. tinent characteristics. tachment to Varian’s letter dated Oct. 18, 2433 et seq'.). For the foregoing reasons, we find that 1968.) Decision: Application approved. A copy of tne record pertaining to this the RCA Model EMU-4 is not of equiva­ No instrument or apparatus of equiva­ decision is available for public review lent scientific value to the foreign article lent scientific value to the foreign ar­ during ordinary business hours of the for such purposes as this article is in­ ticle, for such purposes as this article is Department of Commerce, at the Scien­ tended to be used. intended to be used, is being manufac­ tific Instrument Evaluation Division, De­ The Department of Commerce knows tured" in the United States. Reasons: The partment of Commerce, Washington, of no other instrument or apparatus of foreign article provides single sweep span D.C. equivalent scientific value to the foreign of 20 kiloHertz. In its comments (item Docket No. 69-00184-33-46040 Appli­ article, for such purposes as this article is (4) (13)) Varían states that the Model cant: National Institutes of Health, intended to be used, which was being HA-60IL satisfies the requirement for a Laboratory of Clinical Investigation, manufactured in the United States at kiloHertz sweep. In this connection, we National Institute of Allergy and Infec­ the time the applicant placed a bonafide are advised by the National Bureau of tious Diseases, Bethesda, Md. 20014. order for the article. Standards (NBS) that the “Varían sweep range is reached in a number of single Article : Electron microscope, Model Charley M. Denton, EM300. Manufacturer: N. V. Philips, steps (requiring that the operator shift Assistant Administrator for In­ the lock a number of times), * * *”• The Netherlands. Intended use of arti­ dustry Operations, Business cle: The article will be used in biomedi­ (See memorandum from NBS dated Jam and Defense Services Admin­ 7, 1969.) According to NBS, shifting the cal research which include the following istration. specific problems to be investigated: lock would in many instances result in 1. Study of the structure of the [F.R. Doc. 69-2778; Filed, Mar. 6, 1969; the failure of the experiment. NBS fur­ 8 :4 9 a .m .] ther states that the limitation imposed erythrocyte plasma membrane by nega­ by the sweep span of the Varían Model tive staining and thin section techniques. HA-60IL, precludes its use in recording 2. Electron microscopic study of the SIMMONS COLLEGE Fluorine 19 and, consequently, the 20 effects of antigen-antibody reaction on Notice of Decision on Application for kiloHertz single sweep span of the foreign cell membrane structure and function. article is pertinent to the purposes for 3. High resolution study of the struc­ Duty-Free Entry of Scientific Article which the article is intended to be used. ture of conformation changes of plasma The following is a decision on an appli­ For the foregoing reasons, we find that membrane protein. cation for duty-free entry of a scientific the Varían Model HA-60IL is not of 4. Electron microscope autoradio­ article pursuant to section 6(c) of the equivalent scientific value to the foreign graphic localization of H3-serotonin in Educational, Scientific, and Cultural Ma­ article for such purposes as this article human platelets. terials Importation Act of 1966 (Public is intended to be used. Comments: No comments have been re­ Law 89-651, 80 Stat. 897) and the regu­ The Department of Commerce knows ceived with respect to this application. lations issued thereunder (32 F.R. 2433 of no~ other instrument or apparatus of Decision: Application approved. No in­ et seq.). equivalent scientific value to the foreign strument or apparatus of equivalent A copy of the record pertaining to this article, for the purposes for which such scientific value to the foreign article, for decision is available for public review article is intended to be used, which is such purposes as this article is intended during ordinary business hours of the being manufactured in the United States. to be used, was being manufactured in Department of Commerce, at the Scien­ the United States at the time the appli­ tific Instrument Evaluation Division, Charley M. Denton, cant placed a bonafide order for the Department of Commerce, Washington, Assistant Administrator for In­ foreign article. Reasons: The most closely D.C. dustry Operations, Business comparable domestic electron micro­ Docket No. 69-00159-01-77030. Appli­ and Defense Services Admin­ scope available at the time the order was cant: Simmons College, 300 The Fenway, istration. placed for the foreign article (June 17, Boston, Mass. 02115. Article: Nuclear [F .R . D oc. 69-2779; F iled , M ar. 6, 1969; 1968 with a quoted delivery time of 6 magnetic resonance spectrometer, Model 8 :4 9 ajm .]

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4985

TEXAS A. & M. UNIVERSITY cago, HI. 60607. Artiele* Weissenberg of the F ederal R egister, prescribe the rheogoniometer, Model R.18. Manufac­ requirements applicable to comments. Notice of Decision on Application for turer; Sangamo Controls, Ltd., United A copy of each application is on file, Duty-Free Entry of Scientific Article Kingdom (England). Intended use of and may be examined during ordinary The following is a decision on an appli­ article: The article will be used for re­ Commerce Department business hours cation for duty-free entry of a scientific search in viscoelasticity in the Depart­ at the Scientific Instrument Evaluation article pursuant to section 6(c) of the ment of Energy Engineering for charac­ Division, Department of Commerce, Educational, Scientific, and Cultural Ma­ terization of viscoelastic fluids by means Washintgon, D.C. terials Importation Act of 1966 (Public of simultaneous measurement of normal A copy of each comment filed with the Law 89-651, 80 Stat. 897) and the regu­ and sheer stresses of a sinusodial oscil­ Director of the Scientific Instrument lations issued thereunder (32 F.R. 2433 et lations on steady sheer. It may also be Evaluation Division must also be mailed seq.). used for possible future application in or delivered to the applicant, or its A copy of the record pertaining to this the study of dilute polymer solutions and authorized agent, if any, to whose appli­ decision is available for public review will involve a study of the basic flow cation the comment pertains; and the during ordinary business hours of the properties of various fluids such as blood. comment filed with the Director must Department of Commerce, at the Scien­ Comments: No comments have been re­ certify that such copy has been mailed tific Instrument Evaluation Division, De­ ceived with respect to this application. or delivered to the applicant. partment of Commerce, Washington, Decision: Application approved. No in­ Docket No. 69-00387-33-43780. Appli­ D.C. strument or apparatus of equivalent cant: University of Miami, Coral Gables, Docket No. 69-00252-00-55000. Appli­ scientific value to the foreign article, for Fla. 33124. Article: Lidwell’s phage typ­ cant: Texas A. & M. University, College the purposes for which such;; article is ing machine. Manufacturer: Biddulph Station, Tex. 77843. Article: 4 galvanom­ intended to be used, is being manufac­ & Co., United Kingdom. Intended use of eters, Type A 3300, and 1 event marker tured in the United States. Reasons: The article: The article will be used to sup­ attachment. Manufacturer: Sangamo foreign article is capable of measuring port medical research concerning typ­ Controls, United Kingdom. Intended use normal stress as well as viscosity as a ing of bacteria. Application received by of article: The articles will be used as function of sheer rate. There is no known Commissioner of Customs: January 27, accessories to an existing rheogoni- comparable domestic instrument being 1969. ometer. Comments: No comments have manufactured in the United States which Docket No. 69-00392-75-07000. Appli­ been received with respect to this appli­ has this capability. The ability of the cant: University of California, Los Ala­ cation. Decision: Application approved. foreign article to measure normal stress mos Scientific Laboratory, Los Alamos, No instrument or apparatus of equiva­ as well as viscosity as a function of the N. Mex. 87544. Article: Cable, hollow, lent scientific value to the foreign ar­ sheer rate is necessary to the accom­ conducter, mineral insulated. Manufac­ ticles, for the purposes for which such plishment of the purposes for which turer: Pyrotenax of Canada, Ltd., Can­ articles are intended to be used, is being such article is intended to be used and, ada. Intended use of article: The ar­ manufactured in the United States. Rea­ therefore, is pertinent to this purpose. ticle which consists of the following: (a) sons: The foreign articles are accessories The Department of Commerce knows 800 feet, cable, copper, #1 AWG mineral for a Weissenberg rheogoniometer now of no other instrument or apparatus of insulated, copper-sheathed, 0.400 sq./ in the applicant’s possession, which was equivalent scientific value to the foreign O. 256 sq. fully annealed; and (b) 2,000 manufactured by the supplier of the ar­ article, for the purposes for which such ft., cable, hollow, conductor, mineral in­ ticles to which the applicant relates. article is intended to be used, which is sulated, overall size 0.053 ±0.010 inches; The Department of Commerce knows being manufactured in the United will be used to produce magnetic coils of no similar accessories which are in­ States. for research and development within the terchangeable with the foreign article, Charley M. Denton, applicant’s facility. Application received or can be adapted for use with the Weis­ Assistant Administrator for In­ by Commissioner of Customs: Janu­ senberg rheogoniometer with which the dustry Operations, Business ary 30, 1969. foreign articles are intended to be used. and Defense Services Admin­ Docket No. 69-00404-33-46500. Appli­ istration. cant: U.S. Public Health Service, Na­ Charley M. Denton, tional Center for Urban & Industrial Assistant Administrator for In­ [PJl. Doc. 69-2781; Piled, Mar. 6, 1969; Health, 222 East Central Parkway, Cin­ dustry Operations, Business 8 :4 9 a .m .] cinnati, Ohio 45202. Article: Ultramicro-' and Defense Services Admin­ tome, Model “OmU2”. Manufacturer: C. istration. UNIVERSITY OF MIAMI ET AL. Reichert Optische Werke A.G., Austria. [PU. Doc. 69-2780; Filed, Mar. 6, 1969;. Intended use of article: The article will 8 :4 9 a m .] Notice of Applications for Duty-Free be used in preparation of viruses and Entry of Scientific Articles cellular components for electron micros­ copy. Sections varying in thickness from UNIVERSITY OF ILLINOIS The following are notices of the re­ 50 to 300 angstroms, or greater, are cut ceipt of applications for duty-free entry from materials that are purified and Notice of Decision on Application for of scientific articles pursuant to section concentrated by ultracentrifugation. Duty-Free Entry of Scientific Article 6(c) of the Educational, Scientific, and The highest degree of accuracy is es­ Cultural' Materials Importation Act of sential as regards equal section thick­ The following is a decision on an ap­ 1966 (Public Law 89-651; 80 Stat. 897K ness through and reproducibility of such plication for duty-free entry of a scien­ Interested persons may present their thickness. Application received by Com­ tific article pursuant to section 6(c) of views with respect to the question of missioner of Customs: February 4, 1969. the Educational, Scientific, and Cultural whether an instrument or apparatus of Docket No. 69-00405-33-46500. Appli­ Materials Importation Act of 1966 (Pub­ equivalent scientific value for the pur­ cant: Ohio State University, Department lic Law 89-651, 80 Stat. 897) and the poses for which the article is intended regulations issued thereunder (32 P.R. of Anatomy, College of Medicine, 1645 2433 et seq.). to be used is being manufactured in the Neil Avenue, Columbus, Ohio 43210. Ar­ United States. Such comments must be ticle: Ultramicrotome, Model “OmU2”. A copy of the record pertaining to this filed in triplicate with the Director, Manuafcturer: C. Reichert Optische decision is available for public review Scientific Instrument Evaluation Divi­ Werke A.G., Austria. Intended use of ar­ during ordinary business hours of the sion, Business and Defense Services Ad­ ticle: The article will be used in a re­ department of Commerce, at the Scien­ ministration, Washington, D.C. 20230, search program that involves the electron tific Instrument Evaluation Division, microscopic nature of glial cells and department of Commerce, Washington, within 20 calendar days after date on which this notice of application is pub­ nerve cells in the brains of both normal lished in the F ederal R egister. and experimental animals. Inherent in Docket No. 69-00203-98-72000. Appli­ this work is a need for serial sections cant: University of Illinois at Chicago Regulations issued under cited Act, of uniform thickness, 70 angstroms. circle, 601 South Morgan Street, Chi­ published in the February 4, 1967, issue Serial sections of uniform thickness are

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4986 NOTICES necessary in order to reconstruct the UNIVERSITY OF MICHIGAN ET At. 3. The past history of solar and galac­ exact three-dimensional nature of tic radiations; synaptic boutons on the cell bodies, den­ Notice of Applications for Duty-Free 4. The nature of soil formation proc­ drites and axons within the specific Entry of Scientific Articles esses on the moon. groups of nerve cells being studied. Ap­ The following are notices of the receipt Application received by Commissioner of plication received by Commission of of applications for duty-free entry of sci­ Customs: February 11, 1969. Customs: February 5, 1969. entific articles pursuant to section 6(c) Docket No. 69-00419-33-46500. Appli­ Docket No. 69-00406-75-43000. Appli­ of the Educational, Scientific, and Cul­ cant: The Johns Hopkins University cant: Harvard University, 75 Mount Au­ tural Materials Importation Act of 1966 School of Medicine, 725 North Wolfe burn Street, Cambridge, Mass. 02138. (Public Law 89-651; 80 Stat. 897). In­ Street, Baltimore, Md. 21205. Article: Article : Superconducting magnet system. terested persons may present their views Ultramicrotome, Model “OmU2”. Manu­ Manufacturer: Oxford Instrument Co., with respect to the question of whether facturer: C. Reichert Optische Werke, Ltd., United Kingdom. Intended use of an instrument or apparatus of equivalent Austria. Intended use of article: The article: The article will be used to in­ scientific value for the purposes for which article will be used to cut tissues and vestigate spin interactions and relaxa­ the article is intended to be used is being organs such as the blood, the spleen, tion in high magnetic fields and ultra manufactured in the United States. Such bone marrow, and tissue cultures and low temperatures, which include the in­ comments must be filed in triplicate with cells derived from these tissues. These vestigation of solid hydrogen (H2) and the Director, Scientific Instrument Eval­ tissues and organs are to be studied solid hydrogen-deuterium (HD). Appli­ uation Division, Business and Defense under normal conditions and under the cation received by Commissioner of Cus­ Services Administration, Washington, following circumstances: During the toms: February 5, 1969. D.C. 20230, within 20 calendar days after production of antibody; the rejection of Docket No. 69-00407-01-9000. Appli­ date on which this notice of application skin and kidney grafts; the presence of cant: Harvard University, 75 Mount Au­ is published in the F ed e r a l R e g is t e r . anemia after administration of endo­ burn Street, Cambridge, Mass. 02138. Regulations issued under cited Act, toxin, in inflammatory states, and after Article: Rotating anode X-ray diffrac­ published in the February 4, 1967, issue infection by virus. Application received tion equipment, Model GX3. Manufac­ of the F ed e r a l R e g is t e r , prescribe the by Commissioner of Customs: Febru­ turer: Elliott Electronic Tubes, Ltd., requirements applicable to comments. ary 13, 1969. United Kingdom. Intended use of article: A copy of each application is on file, C h a r l e y M . D e n t o n , The article will be used in the determi­ and may be examined during ordinary Assistant Administrator for In­ nation of the structure of macromole­ Commerce Department business hours at dustry Operations, Business cules such as enzymes carboxypeptidase the Scientific Instrument Evaluation and Defense Services Admin­ A and aspartate transcarbamylase. In Division, Department of Commerce, istration. ^ addition certain large boron compounds Washington, D.C. [F .R . D oc. 69-2737; F iled , M ar. 6, 1969; will be investigated. Application received A copy of each comment filed with the 8 :4 5 a .m .] by Commissioner of Customs : February 5, Director of the Scientific Instrument 1969. Evaluation Division must also be mailed Docket No. 69-00412-33-05300. Appli­ or delivered to the applicant, or its au­ UNIVERSITY OF VIRGINIA cant: University of Colorado, Regent Hall thorized agent, if any, to whose applica­ 122, Boulder, Colo. 80302. Article: Heat­ tion the comment pertains; and the com­ Notice of Decision on Application for ing baths, Model BRI-140, oil or water. ment filed with the Director must certify Duty-Free Entry of Scientific Article Manufacturer: F. G. Bode & Co., Wesit that such copy has been mailed or deliv­ The following is a decision on an ap­ Germany. Intended use of article: The ered to the applicant. plication for duty-free entry of a scien­ article will be used for research on the Docket No. 69-00414-33-62500. Appli­ tific article pursuant to section 6(c) of chemistry of anticancer agents. This cant: The University of Michigan Medi­ the Educational, Scientific, and Cultural equipment will allow the applicant to cal Center, 1405 East Ann Street, Ann Materials Importation Act of 1966 (Pub­ control evaporation of sensitive materials Arbor, Mich. 48104. Article: Strain gauge lic Law 89-651, 80 Stat. 897) and the at different temperatures up to 200° plethsymograph. Manufacturer: G. L. regulations issued thereunder (32 F.R. centigrade. The specifications for the Loos Co.’s Fabricken N.V., The Nether­ 2433 et seq.). heating bath is an adjustable thermo­ lands. Intended use of article: The article A copy of the record pertaining to this statically controlled temperature of 40 °- will be used for the measurement of blood decision is available for public review 200° centigrade, stainless steel, 8-inch flow in the digits and in the forearm or during ordinary business hours of the diameter, 700 watt, usable for water or leg of subjects with arterial disease. The Department of Commerce, at the Scien­ oil, and adaptable for attachment to a research proposes to study methods by tific Instrument Evaluation Division, tripod stand. Application received by which the blood flow could be improved. Department of Commerce, Washington, Commissioner of Customs: February 10, The methods by which improvement will D.C. 1969. be attempted are the use of low fat diet Docket No. 69-00227-31-01720. Appli­ Docket No. 69-00413-33-46040. Appli­ to remove cholesterol from the arterial cant: University of Virginia, R e se a r c h cant: University of Chicago, 5801 South walls or by use of drugs to dilate the blood Laboratories for the Engineering Sci­ Ellis Avenue, Chicago, HI. 60637. Article: vessels. Application received by Commis­ ences, Thornton Hall, Charlottesville, Va. Electron microscope, Model HU 200-E. sioner of Customs: February 10,1969. 22901. Article: Three-channel thyristor Manufacturer: Hitachi, Ltd., Japan. In­ Docket No. 69-00416-75-46070. Appli­ power amplifier. Manufacturer: Oerlikon tended use of article : The article will be cant: Washington University, Labora­ Engineering Co. (Brown-Boveri), Swit­ used to enhance and extend a research tory for Space Physics, Lindell and zerland. Intended use of article: The program on molecular organization of Skinker Boulevards, St. Louis, Mo. 63130. article will be a component subsystem of cell membranes and derivatives, as well Article: Scanning electron microscope, a magnetic wind tunnel balance. Spe­ as in space molecular biology. Applica­ Mark IIA. Manufacturer: Cambridge cifically the article will be used to supply tion received by Commissioner of Cus­ Scientific Instrument Ltd., U.K. Intended and control the currents flowing in the use of article: The article will be used cryogenic magnetic support coils in re­ toms: February 10, 1969. to perform fossil nuclear track studies on sponse to an error signal derived fr°m C h a r l e y M . D e n t o n , returned lunar materials. It is hoped that the model position. Comments: No com­ Assistant Administrator for In­ the track studies in lunar samples will ments have been received with r e s p e c t to dustry Operations, Business give important results concerning the this application. Decision: Application and Defense Services Admin­ following scientific problems: denied. An instrument or apparatus of istration. 1. The age of the lunar surface; equivalent scientific value to the foreign [F.R. Doc. 69-2782; Filed, Mar. 6, 1969; 2. The rate of turnover (buildup and article, for such purposes as this article 8:4 9 a .m .] erosion) of the surface; is intended to be used, was being manu-

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4987 factured in the United States at the time consider an application filed under sec­ the applicant placed the order for the DEPARTMENT OF tion 104b of the Atomic Energy Act by foreign article. Reasons: In defining Consolidated Edison Company of New “Domestic manufacture,” § 602.1(f) of York, Inc., for a provisional construction the regulations provides in part “An TRANSPORTATION permit for a pressurized water reactor instrument, apparatus or accessory shall Coast Guard to be located at Indian Point, Buchanan, be considered as being manufactured in N.Y. the United States (1) if it is actually pro­ [CGFR 69-11] A prehearing conference was scheduled duced within the United States and is EQUIPMENT, INSTALLATIONS, OR for March 11, 1969, at 10 a.m. at the on sale and available from a stock in the Universal Building, Room 1027, 1825 United States, or (2) with respect to MATERIALS Connecticut Avenue NW„ Washington, instruments, apparatus, or accessories Approval Notice D.C. which are generally custom-made The notice provided for the conduct (made to purchasers’ specifications) by Correction of the hearing by a three man atomic domestic manufacturers of such articles In F.R. Doc. 69-2324 appearing at page safety and licensing board, designated by or articles of the same general type, if a 2624 of the issue for Wednesday, Feb­ the Commission, consisting of Dr. John U.S. manufacturer is able and willing to ruary 26, 1969, make the following C. Geyer, Baltimore, Md.; Dr. David B. produce the instrument, apparatus, or ac­ changes: Hall, Los Alamos, N. Mex., and Samuel cessory within the United States and f. On page 2626, column 1, delete the W. Jensch, Esq., Chairman. Dr. Thomas have it available promptly so that it may 29th and 30th lines. H. Pigford, Waltham, Mass., was desig­ be obtained by the applicant with un­ 2. On page 2626, in the second line of nated as a technically qualified alternate. reasonable delay * * According to “Approval No. 162.001/207/0,” the refer­ This is to give notice that Dr. Pigford the applicant’s reply to Question 10 of ence to “MC” should read “MS”. has been constituted a member of the the application, one domestic manufac­ 3. On page 2626, in the parenthetical board, pursuant to § 2.721b of the Com­ turer offered to furnish within 26 weeks remark for “Approval No. 162.001/210/0” mission’s rules of practice, 10 CFR Part an apparatus which was “technically the approval number should read 2, due to the unavailability of Dr. Hall. equivalent” to the foreign article. The “162.001/210/0”. Notice is also given that Dr. John Henry applicant’s reason for rejecting the offer Buck, Los Angeles, Calif., has been desig­ of this domestio manufacturer was the nated as the new technically qualified higher price of the domestic apparatus, National Transportation Safety Board alternate for this case. which was higher than the applicant’s [Docket No. SA-408] budgetary limitations would permit for Dated at Washington, D.C., this 5th such apparatus. In defining “pertinent ACCIDENT NEAR HANOVER, N.H. day of March 1969. characteristics” and “pertinent specifi­ Notice of Hearing United States Atomic cations,” § 602.1(b) (7) of the regulations Energy Commission, specifically excludes the cost of the in­ In the matter of investigation of ac­ W. B. McCool, strument or apparatus from considera­ cident involving Northeast Airlines, Inc., Sc&retary. tion in evaluating scientific equivalency,/ Aircraft, Fairchild-Hiller, FH 227, of U.S. [P.R. Doc. 69-2841; Piled, Mar. 6, 1969; In addition, we note that the delivery Registry, N380NE, near Hanover, N.H., 8 :5 1 a.m .] time quoted for the foreign article was October 25,1968. “approximately 14 months after the date Notice is hereby given that an Ac­ of the order” (letter from Brown-Boveri cident Investigation Hearing on the Corp. dated Mar. 15, 1968). In a subse­ above matter will be held commencing CIVIL AERONAUTICS BOARD quent letter dated April 22, 1968, the de­ at 9 a.m. (local tim e), on April 1, 1969, livery time for the foreign article was in Room 2003A, John F. Kennedy Build­ [Docket No. 20657; Order 69-2-158] reduced to 12.5 months after date of ing, Boston, Mass. order “ex works in Zurich, Switzerland” CROWN AIRWAYS, INC. Dated this 3d day of March 1969. which does not take into account the Order To Show Cause Regarding Final time necessary to deliver the apparatus [seal] R obert L. Allard, and Temporary Service Mail Rates Hearing Officer. from Zurich to Charlottesville, Va. The Issued under delegated authority Feb­ domestic manufacturer offered to deliver [F.R. Doc. 69-2769; Piled, Mar. 6, 1969; ruary 28, 1969. the apparatus in 26 weeks, which is con­ 8 :4 8 a.m .] Crown Airways, Inc. (Crown), is an siderably less than the delivery time air taxi operator providing services pur­ quoted for the foreign article. For the suant to Part 298 of the Board’s economic foregoing reasons, we find that one do­ regulations. By Order 69-2-157, Febru­ ATOMIC ENERGY COMMISSION ary 28, 1969, the Board approved Agree­ mestic manufacturer was able and will­ [Docket No. 50-286] ment CAB 20714 between Allegheny Air­ ing to produce an apparatus of equiva­ CONSOLIDATED EDISON COMPANY lines, Inc., and Crown. This agreement lent scientific value to the foreign article OF NEW YORK, INC. contemplates that Crown will discharge for such purposes as this article is in­ Allegheny’s certificate obligation to tended to be used and have it available Notice of Change in Composition of serve Du Bois, Pa., through the opera­ promptly so that it may be obtained Atomic Safety and Licensing Board tion of small aircraft between Du Bois and Pittsburgh. Crown expects to initiate without unreasonable delay. Accordingly, In the matter of Consolidated Edison service with Beech 99 turboprop type the application for duty-free entry of the Company of New York, Inc, (Indian aircraft. foreign article is denied. Point Nuclear Generating Unit No. 3); No service mail rate is currently in Docket No. 50-286. effect for this service by Crown. Bÿ heti- Charley M. Denton, On February 5, 1969, notice was pub­ tion filed January 16, 1969, Crown re­ Assistant Administrator for In­ lished in the. F ederal R egister (34 F.R. quested the establishment of final serv­ dustry Operations, Business 1741), scheduling a hearing in the cap­ ice mail rates for the transportation of and Defense Services Admin­ tioned matter for 10 a.m., local time, priority and nonpriority mail by air be­ istration. March 25, 1969, to be held in the Hen­ tween Du Bois and Pittsburgh. Crown [F.R. Doc. 69-2736; Piled, Mar. 6, 1969; drick Hudson High School Auditorium, requests that the multielement rates 8 :4 5 a.m .] Albany Post Road, Montrose, N.Y., to previously paid to Allegheny on this

No. 45- FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4988 NOTICES route pursuant to Orders E-25610 and 1. The fair and reasonable final serv­ 6. This order shall be served upon E-17255 be established. On February 7, ice mail rate to be paid to Crown Airways, Crown Airways, Inc., the Postmaster 1969, the Postmaster General filed an Inc., pursuant to section 406 of the Act, General, and Allegheny Airlines, Inc. answer in support of Crown’s petition.1 for the transportation of priority mail by This order will be published in the The rate for the air transportation of aircraft, the facilities used and useful F ed e r a l R e g is t e r . mail applicable to service by Allegheny therefor, and the services connected was established by the Board in the therewith between Du Bois and Pitts­ [ s e a l ] H arold R . S a n d e r s o n , Domestic Service Mail Rate Investiga­ burgh, Pa., shall be the rate estab­ Secretary. tion, Order E-25610, August 28, 1967. lished by the Board in Order E-25610, [F.R. Doc. 69-2797; Filed, Mar. 6, 1969; This rate is the same as that requested August 28, 1967, and shall be subject to 8 :5 0 a .m .] in Crown’s petition. Therefore, we pro­ the other provisions of that order; pose to establish a service rate for the 2. The fair and reasonable temporary air transportation of mail by Crown at service mail rate to be paid to Crown [Docket No. 20781; Order 69-3-1] the same level as that established in Airways, Inc., pursuant to section 406 INTERNATIONAL AIR TRANSPORT Order E-25610, and the terms and provi­ of the Act for the transportation of non- sions of that order also shall be appli­ priority mail by aircraft, the facilities ASSOCIATION cable to Crown in the $ame manner as used and useful therefor, and the serv­ Order Regarding Transatlantic Fares they were applicable to Allegheny in pro­ ices connected therewith between Du viding mail services between Du Bois Bois and Pittsburgh, Pa., shall be the Agreements adopted by Joint Confer­ and Pittsburgh, Pa. rates established by the Board in Order ence 1-2 and 1-2-3 of the International However, in the case of rates for the E-17255, July 31, 1961, as amended, sub­ Air Transport Association GATA) relat­ air transportation of nonpriority mail, ject to such retroactive adjustment as ing to transatlantic fares, Docket No. an open-rate situation has existed since may be made in Docket 18381; and 20781, Agreement CAB 20848, R-l April 6, 1967, when the Post Office peti­ 3. The service mail rates here fixed through R-12 and R-14 through R-68. tioned for the establishment of new and determined are to be paid in their Adopted by the Civil Aeronautics Board nonpriority mail rates in Docket 18381. entirety by the Postmaster General. at its office in Washington, D.C., on the The rates currently being paid air car­ Accordingly, pursuant to the Federal Sd day of March 1969. riers (including Allegheny) for the trans­ Aviation Act of 1958 and particularly There have been filed with the Board, portation of nonpriority mail are those sections 204(a) and 406 thereof, and pursuant to section 412(a) of the Fed­ established by Order E-17255, July 31, regulations promulgated in 14 CFR Part eral Aviation Act of 1958 (the Act) and 1961, in the Nonpriority Mail Rate Case, 302 and 14 CFR 385.14(f) : Part 261 of the Board’s economic regu­ and these rates are subject to such It is ordered, That: lations, agreements between various air retroactive adjustment to April 6, 1967, carriers, foreign air carriers, and other as the final decision in Docket 18381 may 1. All interested persons and particu­ carriers, embodied in the resolutions of provide. Since it is the expressed inten­ larly Crown Airways, Inc., the Postmaster Joint Conferences 1-2 and 1-2-3 of the tion of the Post Office Department and General, and Allegheny Airlines, Inc., International Air Transport Association Crown that Crown will receive the same are directed to show cause why the Board GATA), adopted at meetings held in compensation as Allegheny would for the should not adopt the foregoing proposed Dallas, Tex., in January 1969. same services, we propose to establish a findings and conclusions and fix, deter­ mine, and publish the rates specified The agreements, among other things, temporary service rate for nonpriority embrace fare resolutions to apply via mail for Crown at the level established in above, as the fair and reasonable rates of compensation to be paid to Crown Air­ North and Mid Atlantic routes from May Order E-17255, as amended. We will also ways, Inc., for the transportation of 1, 1969, through March 31, 1971.1 Includ­ make Crown a party to the proceedings priority and nonpriority mail by air­ ed among them is a resolution which in Docket 18381 and the temporary non­ would extend the effectiveness of current priority mail rate established herein shall craft, the facilities used and useful therefor, and the services connected fares, now scheduled to expire March be subject to such retroactive adjust­ 31,1969, through the month of April 1969, ment as may be ordered in that therewith as specified above; 2. Further procedures herein shall be or until such time as the new resolutions proceeding. become effective. We are herein approv­ Under the circumstances, the Board in accordance with 14 CFR Part 302, and if there is any objection to the rates or ing this resolution so as to allow time finds it in the public interest to fix and within which to evaluate the revisions determine the fair and reasonable rates to the other findings and conclusions proposed herein, notice thereof shall be proposed in the pattern of North Atlan­ of compensation to be paid to Crown Air­ tic fares. ways, Inc., by the Postmaster General filed within 10 days, and if notice is filed, for the air transportation of mail, and written answer and supporting docu­ The essential elements of the fare the facilities used and useful therefor, ments shall be filed within 30 days after agreement are apparent, although the and the services connected therewith, be­ the date of service of this order; Board has not yet received the accom­ tween Du Bois and Pittsburgh, Pa. Upon 3. If notice of objection is not filed panying fare tables and supporting doc­ consideration of the petition, the answer within 10 days after service of this order, umentation. These include elimination of the Postmaster General, and other or if notice is filed and an answer is of the 5-percent round-trip discount; matters officially noticed, the Board pro­ not filed within 30 days after service of availability of the current 14-21-day ex­ poses to issue an order2 to include the this order, all persons shall be deemed cursion fares on a year-round basis, with following findings and conclusions: to have waived the right to a hearing added charges when travel is in the here­ and all other procedural steps short of tofore precluded peak summer weeks and 1 The present rates are as follows: a final decision by the Board, and the on weekends; introduction of contract Priority mail by air: 24 cents per ton-mile Board may enter an order incorporat­ bulk fares for inclusive tours; and in­ plus 9.36 cents' per pound at Du Bois and ing the findings and conclusions proposed 2.34 cents per pound at Pittsburgh. herein and fix and determine the final troduction of “incentive” group fares to Nonpriority mail by air: 15.115 cents per be available except in peak travel ton-mile plus 4.98 cents per pound at Du rates specified herein; Bois and 1.660 cents per pound at Pittsburgh. 4. If answer is filed presenting issues months. The last two resolutions appear 2 As this order to show cause does not con­ for hearing, the issues involved in deter­ to be those elements of the agreement stitute a final action and merely affords in­ mining the fair and reasonable final rate which are most controversial and, as terested persons an opportunity to be heard shall be limited to those specifically on the matters herein proposed, it is not such, are reproduced in the appendices regarded as subject to the review provisions raised by the answer, except insofar as hereto.2 of Part 385 (14 CFR Part 385). The provisions other issues are raised in accordance of that part dealing with petitions for Board with Rule 307 of the rules of practice 1 The agreements also Include related fare review will be applicable to any final (14 CFR 302.307) ; resolutions applicable to travel via the North action which may be taken by the staff in Atlantic to/from the Orient. this matter under authority delegated in 5. Crown Airways, Inc., is hereby made 2 Appendices filed as part of the original § 385.14(g). a party in Docket 18381; and d o c u m en t.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4989 The Board has been advised* that at quested elimination of the 15-day ad­ tions until the group has submitted its least one complaint will be lodged against vance notice requirement in Order 68- final report, but not beyond May 21, the agreement, and that others may be 8-18, supra, with respect to any future 1969. The working group’s deliberations forthcoming. In view of the fact that the working group meetings. during the December 1968-January 1969 agreement contains controversial ele­ By filings of February 3,1969, the ATA period are necessarily preliminary and ments and is intended to become effective has submitted the minutes of the Jan­ tentative, and consequently the effort in a relatively short period of time, the uary 22, 19691 meeting of the working of the industry as a whole is not com­ Board believes it desirable to establish group on a confidential basis, and has plete. Views stated and positions taken a, schedule for the receipt of comments. requested that such minutes, as well as at the working group meetings are sub­ The Board’s intention in doing so is not the prior December 1968 minutes,2 be ject to change as additional data are only to insure a ful record, but to expe­ permanently withheld from public dis­ studied and as the discussions proceed. In dite its consideration of that record to closure and that only a final report be these circumstances it appears that pub­ the end that the Board will be in a posi­ made public by the working group. lic disclosure of the deliberations at this tion to act on the agreements as far in In support of their requests for con­ time is not required in the public interest. advance of the intended effectiveness fidentiality of working group minutes, The Board will not, however, grant date as possible. the carriers state that the recommenda­ permanent confidentiality to the work­ The procedural dates which the Board tions of the working group are but tenta­ ing group’s minutes. The requirement has decided upon are as follows: tive and might be misunderstood, and that minutes of deliberations be main­ Full documentation and eco- Mar. 13, 1969. that their disclosure could destroy the tained and filed for public record has nomic justification from _ objectivity and effectiveness of the work- been a standard practice in connection the carriers. ' ing group. The carriers state that the with authorizations for discussions, Complaints and objections Mar. 27, 1969. confidentiality of such minutes should whether involving domestic or foreign air from interested parties. be maintained permanently, and that transportation, and it is a condition of Answers to complaints _____ Apr. 7, 1969. only the final report of the working approval of the IATA rate-making ma­ The Board, acting pursuant to sections group should be made public when final chinery. This requirement provides the 102, 204(a), and 412 of the Act, does not recommendations are submitted to the Board and the public some insight into find Agreement CAB 20848, R-9 (LATA industry as a whole. In support of this the factors and considerations under­ Resolution 002g, Interim Revalidation— position, it is urged that no useful pur­ lying any agreements that may be North and Mid Atlantic—Expedited) to pose would be served by releasing the reached, and operates to keep the dis­ be adverse to the public interest or in minutes of preliminary meetings of the cussions within the scope contemplated violation of the Act. working group containing the purely by the Board. Moreover, in the instant tentative views which had been dis­ situation, the shippers have a distinct * Accordingly, it is ordered, That: cussed at various stages of the study, and vital interest in the matters under Agreement CAB 20848, R-9, be, and it and that the long range results of making discussion, and in the agreements hereby is, approved. these tentative views public would be reached through discussions which they This order will be published in the to impair the free interchange of views are not permitted to attend. We believe F ederal R e g is t e r . and information within working groups. that only by access to the full minutes With respect to waiver of the require­ of all meetings—working groups and By the Civil Aeronautics Board. ment for 15-day advance notice of meet­ plenary sessions alike—can the shippers [ se a l ] H arold R . S a n d e r s o n , ings, the carriers state that only a few be in a position to protect their interest. Secretary. carrier representatives are involved, and Disclosure of the minutes of the working [FJR. D oc. 69-2731; F iled , M ar. 6, 1969; that 15 days’ notice is unnecessary, in­ group at the time their report is sub­ 8 :4 5 a.m .] appropriate, and delays the process. mitted to the carriers will enable the Lastly, the request for a 4- to 6-month shippers to have the benefit of such [Docket No. 19923; Order 69-3^1] extension of their discussion authority minutes and will permit them to com­ in this matter is made on the grounds ment on the report prior to a final resolu­ LIABILITY AND CLAIMS RULES AND that the data collection and evaluation tion of these matters by the carriers. PRACTICES function has not been completed, neither Accordingly, pursuant to the Federal have final working group recommenda­ Aviation Act of 1958, and particularly Order Regarding Carrier Discussions tions been resolved for presentation to sections 204(a), 412, 414, and 1004 Adopted by the Civil Aeronautics Board the carriers, or to the shipping public. thereof: at its office in Washington, D.C. on the No objections to the foregoing requests It is ordered, That: 3d day of March 1969. have been received by the Board. 1. The 15-day advance notice of meet­ By Order 68-8-18, dated August 6,1968, Inasmuch as the work of the carriers is ings and the circulation thereof as re­ the Board authorized until February 2, not complete in this general area, and quired by ordering paragraph 2 of Order 1969, intercarrier and shipper-carrier because an effort does appear to be under 68-8-18 dated August 6, 1968 is hereby discussions concerning air freight liabil­ way, the Board will extend the discus­ waived with respect to meetings of air ity and claims rules and practices. _ A sion authority for an additional 6 months. carrier working groups in this proceed­ meeting of carriers and interested ship­ .This additional period should suffice for ing; pers was held on December 4-5,1968, and the carriers to reach conclusions, and 2. Minutes of the carrier working a working group was appointed to review provide ah opportunity for shippers to group meetings in this proceeding, begin­ such shipper comments and to prepare review and comment thereon prior to ning with December 12, 1968, will be recommendations for subsequent con­ final resolution of the carriers’ positions. maintained by the Board on a confi­ sideration on an industry basis. The The Board will also waive the require­ dential basis and will not be available to working group met on December 12 and ment of a 15-day advance notice of work­ the public until May 21, 1969, or until 16, 1968, and January 22, 1969, and de­ ing group meetings, and will so modify the working group makes its final report, veloped tentative recommendations. the extended discussion authority.- whichever is earlier; and Following the December 1968 working The Board will permit the continua­ 3. The discussions authorized by Order group meetings, by letter of January 21„ tion of confidential treatment of the 68-8-18, dated August 6, 1968, are 1969, the Air Transport Association minutes of the working group’s delibera- hereby extended until 6 months from (ATA) on behalf of 20 carriers requested the date of this order. a 4- to 6-month extension of the dis­ 1 The ATA documents inadvertently refer This order will be published in the cussion authority, and continuation of to “December 22, 1968” instead of the proper F ed e r a l R e g is t e r . date of “January 22,1969.” the confidential treatment of the min­ By the Civil Aeronautics Board. utes of the December 1968 working group 2 Order 69-1-39, dated Jan. 10, 1969, con­ cerning confidential treatment of minutes of [ s e a l ] H arold R . S a n d e r s o n , meetings. In addition, the carriers re- the working group meetings of Dec. 12 and 16, 1968, lim ited the period of confidentiality Secretary. 8 Letter dated Feb. 25, 1969, from the Na­ to 15 working days beyond the discussion [F.R. Doc. 69-2798; Filed, Mar. 6, 1969; tional Air Carrier Association, Inc. expiry date of Feb. 2, 1969, i.e., Feb. 21, 1969. 8:50 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 499© NOTICES

[Docket No. 19023] that an additional $2,500,000 will be re­ terim financial program is consistent quired during the second quarter. with the public interest, will not result MEMPHIS/HUNTSVILLE/BIRMING- On February 28, 1969, Northwest Air­ in creating a monopoly and thereby re­ HAM-LOS ANGELES SERVICE IN­ lines, Inc., filed an answer to the joint straining competition or jeopardize an­ VESTIGATION application requesting a hearing on the other carrier not a party to the trans­ application, suggesting consolidation of action, and should be approved by the Notice of Oral Argument Dockets 20665 and 20740 for that pur­ Board pursuant to section 408 of the Fed­ Notice is hereby given, pursuant to the pose, and requesting that the Board ad­ eral Aviation Act. Interested persons will provisions of the Federal Aviation Act of vised the joint applicants that approval be given 10 days from the date of service 1958, as amended, that oral argument of the proposed interim financing will be of this order to show cause why the ten­ in the above-entitled matter is assigned subject to further ordfer of the Board in tative findings and conclusions reached to be heard on April 2, 1969, at 10 a.m., the consolidated proceedings. herein should not be made final. e.s.t., in Room 1027, Universal Building, Western Air Lines, Inc., has filed an In granting interested persons the op­ 1825 Connecticut Avenue NW., Washing­ answer asking that if the Board approves portunity to show cause why our tenta­ ton, D.C., before the Board. the interim financing, the Board should tive findings and conclusions should not indicate that this approval is not to be be adopted, we expect such persons to Dated at Washington, D.C., March 4, support their objections with detailed 1969. taken as an expression of the Board’s views on the control case, Docket 20665. answers, specifically setting forth the [ s e a l ] T h o m a s L . W r e n n , For reasons set forth below, we have tentative* findings and conclusions to Chief Examiner. tentatively decided to grant the relief re­ which objections are taken. [F.R. Doc. 69-2799; Filed, Mar. 6, 1969; quested by the applicants and to issue a Accordingly, it is ordered, T hat: 8 :5 0 a.m .] show cause order proposing to approve 1. AH interested persons are directed the interim financial assistance program to show cause why the Board should not under section 408 of the Act.4 issue an order making final the tentative [Docket No. 20740; Order 69-3-11] findings and conclusions stated herein For present purposes it is not neces­ and granting approval under section 408 HUGHES TOOL CO. AND AIR WEST, sary that we reach a precise determina­ of the Federal Aviation Act of the above INC. tion as to the exact details of Air West’s described interim financial assistance financial condition. Nor is it necessary from Hughes Tool Co. to Air West, Inc.; Order To Show Cause Regarding for us to consider the long range alter­ 2. Any interested persons having Certain Interim Financing natives which may be open to Air West. Rather for present purposes it is suffi­ objection to the issuance of an order Adopted by the Civil Aeronautics cient that, the uncontested allegations in making final the proposed findings and Board at its office in Washington, D.C. the application establish a basis for us conclusions set forth herein shall, within on the 5th day of March 1969. to make the following tentative findings: 10 days after service of a copy of this On February 17,1969, Hughes Tool Co. That Air West has an immediate and order, file with the Board and serve (Toolco)1 and Air West, Inc. (Air West), critical need for the financial assistance upon all persons made parties to this an air carrier, filed a joint application proposed herein; that absent prompt proceeding a statement of objections to­ requesting all necessary Board approval financial assistance there is a substan­ gether with all statistical data and other to permit Toolco to guarantee up to tial risk that Air West would be forced evidence expected to be relied upon to $4,500,000 in loans from the Bank of to curtail or terminate essential air serv­ support the stated objections and all America to Air West and in connection ice; 5 and that the proposed guarantee by factual matters shall be set forth in therewith for Toolco to be given access Toolco appears to be the only alternative affidavit form ;8 to the books, records, and properties of presently available to meet Air West’s 3. In the event no timely and properly Air West.1 These arrangements are part immediate needs.8 supported objections are filed, all further of a plan for interim financing assistance Under the unusual circumstances here procedural steps will be deemed to have to Air West, pending a final Board deci­ present the Board believes that it is es­ been waived, and the case will be sub­ sion on Toolco’s -application to acquire sential that emergency action be taken mitted to the Board for final decision; control of Air West, Docket 20665.8 The on the request for interim approval. and latter proceeding has been set down for There is grave doubt that Air West could 4. A copy of this order shall be served, expedited hearing procedures, and a continue to render its public service dur­ upon the applicants, each air carrier hearing is scheduled to begin on ing the period required to conduct a for­ holding a certificate of public con­ March 11, 1969. mal evidentiary hearing. Accordingly, venience and necessity authorizing in­ In support of the application the ap­ pursuant to our powers under sections dividually ticketed or waybilled air trans­ plicants allege, inter alia, that Air West 204(a) and 408 of the Act, we intend to portation; the Departments of Justice, will suffer a net cash deficit of more proceed without a formal evidentiary Transportation, State, Defense, Post Of­ than $6,500,000 in the first quarter of hearing. See Toolco-Northeast Control fice, and Interior; the chief executives of 1969; that Air West survived during the Case, 34 C.A.B. 583.7 all cities and States served by Air West; first part of the quarter by forbearance any Commission or Agency of such States In view of the foregoing we tentatively having jurisdiction of transportation by of creditors and by drawing down bank find and conclude that the proposed in- balances; that Air West now has no cash air; all labor organizations representing employees of Air West; and the parties available to meet current expenses such 4 In the interests of expedition, and because in Dockets 20494 and 20665. as payrolls and excise taxes; that to applicants do not contest the point; we will survive to the end of the quarter Air proceed on the assumption that the proposed This order shall be published in the interim financial assistance program would F ed e r a l R e g is t e r . West will require $4 million in cash; and create control relationships subject to sec­ tion 408 of the Act. By the Civil Aeronautics Board. 1 Toolco engages, Inter alia, In the manu­ B Including air service to 45 communities [ s e a l ] H aro ld R . S a n d e r s o n , facture of helicopters, fixed base mainte­ at which Air West provides the only certifi­ Secretary. nance and supply operations, and in an air cated air service. For a further discussion of taxi service. Air West’s financial difficulties see Order [F .R . D oc. 69-2838; F iled , M ar. 6, 1969; 2 An amendment to the application was 6 9 -2 -9 . 8:5 1 a.m .] filed on February 24. 6 Our action here does not constitute a 8 The arrangements presently completed determination of those issues. We are con­ 8 All motions and/or petitions for recon­ call for a $4 million loan from the Bank to cerned here only with the limited question sideration shall be filed within the period Air West, of which Toolco will guarantee of interim control, pendente lite. allowed for filing objections and no further $2 million. It is contemplated that there will 7 Petitions for stay were denied in National such motions, requests, or petitions for be an additional $2,500,000 loan, to be fully Airlines, Inc. v. C.A.B. No. 16748, D.C. Circuit reconsideration of this order will be guaranteed by Toolco. (1 9 6 1 ). v entertained.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4991 associated with the Docket in the above- suspension of trading in the common FEDERAL COMMUNICATIONS entitled proceedings; stock of Top Notch Uranium and Mining It is further ordered, That any inter­ Corp. (a Utah corporation) and all other COMMISSION ested party wishing to file comments on securities of Top Notch Uranium and the material filed by the General Elec­ Mining Corp., being traded otherwise [FCC 69-168] tric Co. should do so on or before April 14, than on a national securities exchange STANDARD BROADCAST APPLICA­ 1969; in view of the desirability of avoid­ is required in the public interest and for TION READY AND AVAILABLE ing any further lengthy delay in this the protection of investors: FOR PROCESSING important matter, we make no provision It is ordered, Pursuant to section 15 for reply pleadings and also stress the (c) (5) of the Securities Exchange Act of F ebruary 27, 1969. firmness of the April 14th deadline, ab­ 1934, that trading in such securities The following application, tendered sent a showing of unusual and compelling otherwise than on a national securities November 21, 1968, seeks essentially the circumstances. exchange be summarily suspended, this same facilities as presently licensed to Adopted: February 26,1969. order to be effective for the period station KONA, Kealakekua, Hawaii, ex­ March 4, 1969, through March 13, 1969, cept that a different transmitter site is Released: March 3,1969. both dates inclusive. proposed. The proposal is mutually ex­ F ederal Communications By the Commission. clusive with the KONA application for Commission,1 renewal of license, File No. BR-4352. [seal] Ben F. W aple, [seal] Orval .L. DuBois, New, Kealakekua, Hawaii. Secretary. Secretary. KONA Koast Broadcasting Co. [F.R. Doc. 69-2788;' Piled, Mar. 6, 1969; [P.R. Doc. 69-2745; Piled, Mar. 6, 1969; Req: 790 kc, 1 kw, U. 8:4 9 a.m .] 8 :4 6 a.m .] Notice is hereby given that this appli­ cation has been accepted for filing and, pursuant to §§ 1.227(b-Cl), 1.591(b), and Note 2 to § 1.571 of the Commission’s SECURITIES AND EXCHANGE SMALL BUSINESS rules, an application, in order to be con­ sidered with this application must be in COMMISSION ADMINISTRATION direct conflict and tendered no later than [Pile No. 1-4340] [License No. 02/02-0254] April 7, 1969. The attention of any party in interest MILL FACTORS CORP. JUSTER CAPITAL CORP. desiring to file pleadings concerning this Order Suspending Trading -Notice of Surrender of License application, pursuant to section 309 (d) (1) of the Communications Act of March 3, 1969. Notice is given hereby that Juster Cap­ 1934, as amended, is directed to § 1.580 (i) The common stock, $2.50 par value, ital Corp., New York, N.Y., has pursuant of the Commission’s rules for the provi­ of Mill Factors Corp.,. being listed and to § 107.105 of the Regulations govern­ sions governing the time of filing and registered on the American Stock Ex­ ing small business investment companies other requirements relating to such change pursuant to provisions of the (13 CFR Part 107, 33 F.R. 326) requested pleadings. Securities Exchange Act of 1934 and all the surrender of its license to operate as Action by the Commission February 26, other securities of Mill Factors Corp., a small business investment company. 1969. Commissioners Hyde (Chairman), being traded otherwise than on a na­ The licensee was incorporated on May 18, Bartley, Cox, Wadsworth and Johnson. tional securities exchange; and 1964, under the laws of the State of New It appearing to the Securities and Ex­ York, and licensed by the Small Busi­ F ederal Communications change Commission that the summary ness Administration (SBA) on June 17, Commission, suspension of trading in such securities 1964, to operate solely under the Small [seal] Ben F. Waple, Business Investment Act of 1958, as Secretary. on such Exchange and otherwise than on a national securities exchange is required amended (15 U.S.C., 661 et seq.). [FR. Doc. 69-2787; Piled, Mar. 6, 1969; in the public interest and for the pro7 Prior to final action on this request, 8:49 a.m .] tection of investors: consideration will be given to any com­ It is ordered, Pursuant to sections 15 ments pertaining to the proposed sur­ [Docket No. 16495; FCC 69-158] (c)(5) and 19(a)(4) of the Securities render which are submitted in writing, Exchange Act of 1934, that trading in ESTABLISHMENT OF DOMESTIC COM­ such securities on the American Stock to the Associate Administrator for In­ MUNICATIONS SATELLITE FACILI­ Exchange and otherwise than on a na­ vestment, Small Business Administra­ TIES BY NON-GOVERNMENTAL tional securities exchange be summarily tion, 1441 L Street NW., Washington, ENTITIES suspended, this order to be effective for D.C. 20416, within ten (10) days of the the period March 4,1969, through March date of publication of this notice. Order Regarding Filing Comments 9, 1969, both dates inclusive. If no comments are received within Date By the Commission. the specified period of time, under the 1. 'Die Commission, having before it [seal] Orval L. DuBois, authority vested by the Small Business additional comments on the matter Secretary. Investment Act of 1958, as amended, and herein, dated February 19,1969, from the [F.R. Doc. 69-2744; Piled, Mar. 6, 1960; the regulations promulgated there­ General Electric Co., with a request that 8 :4 6 a.m .] under, the surrender of the license of they be accepted by the Commission; Juster Capital Corp. will be accepted, and 2. It appearing, that although the Commission is desirous of avoiding any TOP NOTCH URANIUM AND MINING Juster Capital Corp., accordingly, will no further delay in reaching a decision in CORP. longer be licensed to operate as a small this proceeding, good cause has been business investment company. shown in the special circumstances for Order Suspending Trading Dated: February 27,1969. the acceptance of the comments sub­ March 3,1969. J ames T homas P helan, mitted by the General Electric Co.: It appearing to the Securities and Ex­ Acting Associate 3. 7i is ordered, That the comments change Commission that the summary Administrator for Investment. submitted by the General Electric Co. are 1 Commissioners Robert E. Lee and H. Rex [F.R; D oc. 69-2665; Filed, Mar. 6, 1969; accepted by the Commission and will be Lee absent. 8 :4 5 a .m .]

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4992 NOTICES Issued at Washington, D.C., -Febru­ sion, Washington, D.C., and also in the INTERSTATE COMMERCE ary 26, 1969. field office to which protests are to be I n t e r s t a t e C o m m e r c e transmitted. C o m m i s s i o n , COMMISSION M o t o r C a r r ie r s o f P r o p e r t y [ s e a l ] R . D. P f a h l e r , [S.O. 1002; Corrected Car Distribution Agent. No. MC 107496 (Sub-No. 709 TA), filed Direction 38] February 27, 1969. Applicant: RUAN [F.R. Doc. 69-2790; Filed, Mar. 6, 1969; CHICAGO, ROCK ISLAND AND PA­ TRANSPORT CORPORATION, Third at 8 :5 0 a .m .] Keosauqua Way, Post Office Box 855, CIFIC RAILROAD CO. AND NORTH­ 50304, Des Moines, Iowa 50309. Appli­ ERN PACIFIC RAILWAY CO. FOURTH SECTION APPLICATION FOR cant’s representative: H. L.Fabritz (same Car Distribution RELIEF address as above). Authority sought to operate as a common carrier, by motor Pursuant to section 1 (15) and (17) of M a r c h 4, 1969. vehicle, over irregular routes, transport* the Interstate Commerce Act and au­ Protests to the granting of an appli­ ing: Ammonium nitrate fertilizer, in thority vested in me by Interstate Com­ cation must be prepared in accordance bulk, from the plantsite or storage facili­ merce Commission Service Order No. with Rule 1100.40 of the general rules of ties of Monsanto Co., at El Dorado, Ark., 1002; practice (49 CFR 1100.40) and filed to points in Oklahoma and Texas, for 180 It is ordered, That: within 15 days from the date of pub­ days. Supporting shipper: Monsanto Co., (1) Each common carrier by railroad' lication of this notice in the F ederal 800 North Lindbergh Boulevard, St. subject to the Interstate Commerce Act R e g is t e r . Louis, Mo. 63166. Send protests to: Ellis shall comply with the following distri­ L. Annett, District Supervisor, Interstate bution directions : L o n g -A n d -S h o r t H a u l Commerce Commission, Bureau of Oper­ (a) The Chicago, Rock Island and FSA No. 41574—Ordinary Livestock ations, 677 Federal Building, Des Moines, Pacific Railroad Co. shall deliver to the from and to points in southwestern terri­ Iowa 50309. Northern Pacific Railway Co. a weekly tory. Filed by Southwestern Freight Bu­ No. MC 111729 (Sub-No. 277 TA), filed total of 175 empty plain serviceable box­ reau, agent (No. B-13), for interested February 26, 1969. Applicant: AMERI­ cars with inside length less than 44 feet rail carriers. Rates on ordinary livestock, CAN COURIER CORPORATION, 2 g inches and doors less than 8 feet wide. viz.: horses, mules, burro», and asses, Nevada Drive, Lake Success, N.Y. 11040. Exception; Canadian ownerships. other than for slaughter, in carloads, be­ Applicant’s representative: Gerard L. It is further ordered, That the rate of tween points in southwestern territory, Peace (same address as above). Author­ delivery specified in this direction shall including Mississippi River crossings ity sought to operate as a common be maintained within weekly periods Memphis, Tenn., and south; also between carrier, by motor vehicle, over irregu­ ending each Sunday at 11:59 p.m., so such points, on the one hand, and points lar routes, transporting: (1) Business that at the end of each 7 days the full in western trunkline territory, on the papers, records,' and audit and account­ delivery required for that period shall other. ing media of all kinds, and advertising have been made. Grounds for relief—Rate relationship. material moving therewith, (a) between It is further ordered, That cars applied Tariffs—Supplements 31 and 195 to Norfolk, Va., on the one hand, and, on under this direction shall be so iden­ Southwestern Freight Bureau, agent, the other, points in North Carolina; (b) tified on empty car cards, movement tariffs ICC 4734 and 3962, respectively. between Woodbridge, N.J., on the one slips, and interchange records as moving hand, and, on the other, Poughkeepsie under the provisions of this direction. By the Commission. and Roseton, N.Y.; and Washington, (b) The carrier delivering the empty [ s e a l ] H. N e i l G a r s o n , D.C.; (2) Bottled oil samples, maps, pro­ boxcars as described above must advise Secretary. motion items, and miscellaneous small hardware, consisting of small valves, Agent R. D. Pfahler each Wednesday as [F.R. Doc. 69-2791; Filed, Mar. 6, 1969; to the number of cars, covered by this 8:50 a.xn.] surveyor’s instruments, portable pumps, direction, delivered during the preced­ pump parts, tank measuring sticks, ing week, énding each Sunday at 11:59 boiler fire eyes, restricted against the p.m. [N o tice 78&] transportation of packages or articles (c) The carrier receiving the cars de­ weighing in the aggregate more than 75 scribed above must advise Agent R. D. MOTOR CARRIER TEMPORARY pounds from one consignor to one con­ Pfahler each Wednesday as to the num­ AUTHORITY APPLICATIONS signee on any 1 day, between Wood- bridge, N.J., on the one hand, and, on ber of cars received during the preceding M a r c h 3,1969. week, ending each Sunday at 11:59 p.m. the other, Poughkeepsie and Roseton, The following are notices of filing of N.Y.; and Washington, D.C.; (3) Cut (2) Regulations suspended. The op­ applications for temporary authority un­ flowers and decorative greens, restricted eration of all rules and regulations, inso­ der section 210a (a) of the Interstate to the transportation of traffic having far as they conflict with the provisions Commerce Act provided for under the an immediately prior or subsequent of this direction, is hereby suspended. new rules of Ex Parte No. MC-67 (49 movement by air, between Richmond, (3) Effective date. This direction shall CFR Part 340), published in the F e d ­ Va., on the one hand, and, on the other, become effective at 12:01 a.m., March 2, er a l R e g is t e r , issue of April 27, 1965, points in Virginia; points in Boone, Ca­ 1969. effective July 1, 1965. These rules provide bell, Clay, Fayette, Greenbrier, K a n a w h a , (4) Expiration date. This direction that protests to the granting of an ap­ Lincoln, Logan, Mason, McDowell, Mer­ shall expire at 11:59 p.m., March 29, plication must be filed with the field of­ cer, Mingo, Monroe, Pocahontas, Put­ 1969, unless otherwise modified, changed, ficial named in the F ed e r a l R e g is t e r nam, Raleigh, Summers, Wayne, and or suspended by order of this Commis­ publication, within 15 calendar days after Wyoming Counties, W. Va., for 180 days. sion. the date of notice of the filing of the ap­ Supporting shippers: There are approxi­ It is further ordered, That a copy of plication is published in the F e d e r a l mately (8) statements of support at­ this direction shall be served upon the R e g is t e r . One copy of such protest must tached to the application, which may be Association of American Railroads, Car be served on the applicant, or its author­ examined here at the Interstate Com­ Service Division, as agent of all railroads ized representative, if any, and the pro­ merce Commission in Washington, D.C., subscribing to the car service and per tests must certify that such service has or copies thereof which may be ex­ diem agreement under the terms of that been made. The protests must be specific amined at the field office named below. agreement; and that notice of this direc­ as to the service which such protestant Send protests to: District Supervisor tion be given to the general public by can and will offer, and must consist of Carignan, Interstate Commerce Commis­ depositing a copy in the Office of the a signed original and six copies. sion, Bureau of Operations, 26 Federal Secretary of the Commission in Wash­ A copy of the application is on file, Plaza, New York, N.Y. 10007. ington, D.C., and by filing it with the and can be examined at the Office of the No. MC 119539 (Sub-No. 9 TA), filed Director, Office of the F e d e r a l R e g is t e r . Secretary, Interstate Commerce Commis­ February 26, 1969. Applicant: BEVER-

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 NOTICES 4993 AGE TRANSPORT, INC., Post Office No. MC 127681 (Sub-No. 4 TA), filed No. MC 133491 (Sub-No. 1 TA), filed Box 88, Routes 5 and 20, East Bloomfield, February 26, 1969. Applicant: JOE February 26, 1969. Applicant: PETRO N.Y. 14443. Applicant’s representative: JONES, JR., doing business as JOE TRANSPORT, INC., 7200 Inkster Road, Raymond A. Richards, 23 West Main JONES TRUCKING CO., 2340 Bankhead Taylor, Mich.' 48180. Applicant’s repre­ Street, Webster, N.Y. 14580. Authority Highway NW„ Atlanta, Ga. 30318. Au­ sentative: William B. Elmer, Kaiser sought to operate as a common carrier, thority sought to operate as a contract Building, 22644 Gratiot Avenue, East by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular Detroit, Mich. Authority sought to transporting: Foodstuffs (except frozen routes, transporting: Liquid chemicals, operate as a contract carrier, by motor foods and commodities in bulk), from packaged in containers and drums, (1) vehicle, over irregular routes, transport­ points in Genesee, Livingston, Monroe, from the plantsite of Oxford Chemicals, ing: Heavy or residual oils and blends Ontario, Orleans, Seneca, Wayne, and Division of Consolidated Foods, in Cham- thereof, from the Port of entry on the Yates Counties, N.Y., to points in Con­ blee, Ga., to customers of Oxford Chemi­ international boundary between the necticut, Maine, Massachusetts, New cals, located at points in the United United States and Canada at or near Hampshire, Rhode Island, and Vermont, States (excluding Alaska and Hawaii); Port Huron, Mich., to points in the Lower for 180 days. Supporting shippers: (2) from suppliers of Oxford Chemicals Peninsula of Michigan, for 150 days. Richard J. Herman, T. M., Ragu Packing Division of Consolidated Foods, located Supporting shipper: Petro Products Inc., Co., Inc., 1680 Lyell Avenue, Rochester, at points in Ohio, Michigan, Pennsyl­ 7200 Inkster Road, Taylor, Mich. 48180. N.Y.; E. J. Bracalento, T.M., C-B Poods, vania, Massachusetts, Connecticut, New Send protests to: Gerald J. Davis, Dis­ Division, of Curtice-Burns, Leroy, N.Y.; Jersey, New York, Delaware, Maryland, trict Supervisor, Interstate Commerce Francis X. Kalsch, T.M., Duffy-Mott Co., West Virginia, Texas, Indiana, Illinois, Commission, Bureau of Operations, 1110 Inc., 370 Lexington Avenue, New York, Missouri, and Louisiana, to the plantsite Broderick Tower, 10 Witherell, Detroit, N.Y. 10021; Leland C. Henry, Distribu­ of Oxford Chemicals at Chamblee, Ga., Mich. 48226. tion Manager, Comstock-Greenwood and to customers of Oxford Chemicals lo­ No. MC 133500 TA, filed February 26, Foods, Bordon, Inc., Foods Division, 1000 cated at points in the United States (ex­ 1969. Applicant: MORDHORST TRANS­ South Main Street, Newark, N.Y. 14513. cluding Alaska and Hawaii), for 180 days. FER & STORAGE, INC., 1201 Glen Flora Send protests to: Morris H. Gross, Dis­ Supporting shipper: Oxford Chemicals, a Avenue, Waukegan, 111. 60085. Applicant’s trict Supervisor, Interstate Commerce division of Consolidated Foods Corp., representative: Alan F. Wohlstetter, 1 Commission, Bureau of Operations, Room Post Office Box 80202, Atlanta, Ga. 30005. Farragut Square South, Washington, 104, O’Donnell Building, 301 Erie Boule­ Send protests to: William L. Scroggs, D.C. 20006. Authority sought to operate vard West, Syracuse, N.Y. 13202. District Supervisor, Interstate Commerce as a common carrier, by motor vehicle, No. MC 123048 (Sub-No. 148 TA), filed Commission, Bureau of Operations, Room over irregular routes, transporting: Used February 26, 1969. Applicant: DIA­ 300, 1252 West Peachtree Street NW., household goods, between points in MOND TRANSPORTATION SYSTEM, Atlanta, Ga. 30309. Kenosha, Racine, Milwaukee, and Wau­ INC., 1919 Hamilton Avenue 53403, Post No. MC 128215 (Sub-No. 3 TA), filed kesha Counties, Wis., Lake and Porter Office Box A, Racine, Wis. 53401. Appli­ February 27, 1969. Applicant: MARTIN Counties, Ind., and points in Illinois on cant’s representative: Paul Martinson TRAILER TOTERS, INC., 4038 Jefferson and north of U.S. Highway 136; re­ (same address' as above). Authority Highway, New Orleans, La. 70121. Appli­ stricted to the transportation of traffic sought to operate as a common carrier, cant’s representative: Harold A. Ains­ having a prior or subsequent movement, by motor vehicle, over irregular routes, worth, 2307 American Bank Building, In containers, and further restricted to transporting: Agricultural implements, New Orleans, La. 70130. Authority sought the performance of pickup and delivery corn cribs, unmounted front end loaders, to operate as a common carrier, by motor service in connection with packing, crat­ grader-blades and parts for such com­ vehicle, over irregular routes, transport­ ing, and containerization or unpacking, modities, from Richmond, Ind., to points ing: Hquse trailers, designed to be drawn uncrating, and decontainerization of in the United States including ports of by passenger automobiles, in secondary such traffic, for 180 days. Supporting entry between the United States and movements, in truckaway service, be­ shippers: (1) Jet Forwarding, Inc., 2945 Canada, for 180 days. Supporting ship­ tween points in Alabama, Arkansas, Columbia Street, Torrance, Calif. 90503; per: Dunham-Lehr, Inc., 425 Northwest Louisiana, Mississippi, and Texas, for 180 (2) CTI-Container Transport, Interna­ K Street, Richmond, Ind. 47374, Philip days. Supporting shippers: There are tional, Inc., 17 Battery Place, New York, Rosar, Treasurer. Send protests to: Dis­ approximately 11 statements of support N.Y. 10004; (3) Smyth Worldwide Mov­ trict Supervisor Lyle D. Heifer, Inter­ attached to the application, which may ers, Inc., 11616 Aurora Avenue North, state Commerce Commission, Bureau of be examined here at the Interstate Com­ Seattle, Wash. 98133; (4) Karevan, Inc., Operations, 135 West Wells Street, Room merce Commission in Washington, D.C., 419 Third Avenue West, Seattle, Wash. 807, Milwaukee, Wis. 53203. or copies thereof which may be examined 98119; (5) Sunpak Movers, Inc., 534 No. MC 125650 (Sub-No. 5 TA), filed at the field office named below. Send pro­ Westlake Avenue North, Seattle, Wash. February 25, 1969. Applicant: MOUN­ tests to: W. R. Atkins, District Super­ 98109. Send protests to: William E. Gal­ TAIN PACIFIC TRUCKING CORPORA­ visor, Bureau of Operations, Interstate lagher, District Supervisor, Interstate TION, 910 Dickens Street, Missoula, Commerce Commission, T-4009 Federal Commerce Commission, Bureau of Oper­ Mont. 59801. Applicant’s representative: Building, 701 Loyola Avenue, New Or­ ations, Room 1086, 219 South Dearborn Joseph O'. Earp, 411 Lyon Building, 607 leans, La. 70113. Street, Chicago, 111. 60604. Third Avenue, Seattle, Wash. 98104. Au­ No. MC 129926 (Sub-No. 2 TA), filed By the Commission. thority sought to operate as a common February 27, 1969. Applicant: ALLEN carrier, by motor vehicle, over irregular MERTSOCK, Canada Hollow Road, Mill- [seal] H. Neil Garson, routes, transporting: Frozen foods and Secretary. articles dealt in by wholesale and retail port, Pa. 16739. Applicant’s representa­ tive : William J. Hirsch, 43 Niagara [F.R. Doc. 69-2792; Filed, Mar. 6, 1969; grocery establishments, from points in Street, Buffalo, N.Y. 14202. Authority 8 :5 0 a.m .] California and Idaho to points in Mon­ sought to operate as a common carrier, tana, for 180 days. Supporting shippers: by motor vehicle, over irregular routes, There are approximately-8 statements of [Notice 790] support attached to the application, transporting: Ash dowels, in the rough, which may be examined here at the not further turned, from Portville, N.Y., MOTOR CARRIER TEMPORARY to Fiqua, Ohio, for 180 days. Supporting AUTHORITY APPLICATIONS Interstate Commerce Commission in shipper: The Portville Handle Co., Di­ Washington, D.C., or copies thereof vision of The Union Fork and Hoe Co., March 4,1969. which may be examined at the field office The following are notices of filing of named below. Send protests to: Paul J. Portville, N.Y. Send protests to: Paul J. Kenworthy, District Supervisor, In­ applications for temporary authority un­ Labane, District Supervisor, Interstate der section 210a(a) of the Interstate Commerce Commission, Bureau of Op­ terstate Commerce Commission, Bureau Commerce Act provided for under the erations, 251 U.S. Post Office Building, of Operations, 309 U.S. Post Office Build­ new rules of Ex Parte No. MC-67 (49 Billings, Mont. 59101. ing, Scranton, Pa. 18503. CFR Part 340), published in the F ed e r a l

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 4994 NOTICES

R egister, issue of April 27,1965, effective and Ohio; (5) from the plantsite of by motor vehicle, over irregular routes, July 1, 1965. These rules provide that Agrico Chemical Co., a division of Con­ transporting: Iron and steel and iron and protests to the granting of an applica­ tinental Oil Corp. near Mount Vernon, steel articles as described in Appendix V, tion must be filed with the field official Ind., to points in Illinois; (6) from the Group 3H to the report in Descriptions named in the F ederal R egister publica­ plantsite of Agrico Chemical Co., a divi­ in Motor Carrier Certificates, 61 M.C.C. tion, within 15 calendar days after the sion of Continental Oil Corp. at Wilder, 209, from points in Utah County, Utah, date of notice of the filing of the applica­ Ky., to. points in Ohio and Michigan; to points in Montana on and west of U.S. tion is published in the Federal R egister. and (7) from the plantsite of Olin near Highway 89; points in Idaho in and north One copy of such protest must be served Joliet, 111., to points in .Indiana, Ohio, of Idaho County; points in Washington, on the applicant, or its authorized rep­ and Michigan, for 180 days. Supporting points in Oregon on and north of U.S. resentative, if any, and the protests must shipper: American Cyanamid Co., R. J. Highway 20, for 180 days. Supporting certify that such service has been made. Van Nostrand, Traffic Manager, Post Of­ shippers: Haskins Steel Co., Inc., Post The protests must be specific as to the fice Box 400, Princeton, N.J. 08540. Send Office Box 4215, Spokane, Wash. 99202; service which such protestant can and protests to: C. L. Phillips, District Super­ Stack Steel and Supply Co., 500 South will offer, and must consist of a signed visor, Bureau of Operations, Room 350, Lander Street, Seattle, Wash. 98134. original and six copies. American General Building, 210 North­ Send protests to: L. C. Taylor, District A copy of the application is on file, and west Sixth, Oklahoma City, Okla. 73102. Supervisor, Bureau of Operations, Inter­ can be examined at the Office of the Sec­ Note: The purpose of this republication state Commerce Commission, 401 U.S. retary, Interstate Commerce Commis­ is to include the territorial description Post Office, Spokane, Wash. 99201. sion, Washington, D.C., and also in the under (7) which was inadvertently omit­ No. MC 111785 (Sub-No. 40 TA) (Cor­ field office to which protests are to be ted from previous publication. rection), filed February 19, 1969, pub­ transmitted. No. MC 59352 (Sub-No. 2 TA) (Cor­ lished in the F ederal R egister issue of Motor Carriers of P roperty rection), filed February 11, 1969, pub­ February 28, 1969, and republished as lished F ederal R egister, issue of Feb­ corrected this issue. Applicant: BURNS No. MC 531 (Sub-No. 248 TA) (Cor­ ruary 19, 1969, and republished as MOTOR FREIGHT, INC., Post Office Box rection) , filed February 3,1969, published corrected this issue. Applicant: C. L. & A. 149, U.S. Highway 219 North, Marlinton, F ederal R egister, issue of February 14, MOTOR DELIVERY, INC., 4110 Dane W. Va. 24954. Applicant’s representative: 1969, and republished as corrected this Avenue, Cincinnati, Ohio 45223. Appli­ Theodore Polydoroff, Suite 930,1120 Con­ Issue. Applicant: YOUNGER BROTH­ cant’s representative: R. J. Krovocheck necticut Avenue NW., Washington, D.C. ERS, INC., 4904 Griggs Road, Post Office (same address as above). Authority 20036. Authority sought to operate as a Box 14048, Houston, Tex. 77021. Appli­ sought to operate as a common carrier, common carrier, by motor vehicle, over cant’s representative: (same address as by motor vehicle, over regular routes, irregular routes, transporting: New fur­ above). Note: The purpose of this re­ transporting: Fresh carcass meat on niture, from the plantsite of Marlinton publication is to show applicant’s mail­ hooks, fresh packaged meat, packing­ Furniture Manufacturing Co. near Mar­ ing address which was inadvertently house products, in packages, and dairy linton (Pocahontas County), W. Va., to omitted from previous publication. The products, in packages, from Cincinnati, New York, N.Y., Washington, D.C.; Wil­ remainder of the notice remains the Ohio to Hamilton, Ohio, over U.S. High­ mington, Del.; and points in New Jersey, same. way 127 and Ohio Highway 4, for 180 Pennsylvania, Maryland, and Virginia, No. MC 50069 (Sub-No. 415 TA) , filed days. Note: The purpose of this repub­ for 180 days. Note: The purpose of this February 28, 1969. Applicant: REFIN­ lication is to show that the proposed republication to redescribe the origin ERS TRANSPORT & TERMINAL COR­ commodities will move via regular routes, point, a portion of which was inadvert­ PORATION, 445 Earlwood Avenue, Ore­ and not irregular routes as shown in ently omitted in the previous publication. gon, Ohio 43616. Applicant’s representa­ previous publication. Supporting shipper: No. MC 118159 (Sub-No. 63 TA), tive: Jack A. Gollan (same address as St. Louis Independent Packing Co., 824 filed February 27, 1969. Applicant: above). Authority sought to operate as South Vandeventer Avenue, St. Louis, EVERETT LOWRANCE, INC., 4916 a common carrier, by motor vehicle, over Mo. 63110. Send protests to: Emil P. Jefferson Highway, Post Office Box 10216, irregular routes, transporting: Jet fuel, Schwab, District Supervisor, Interstate New Orleans, La. 70121. Applicant’s rep­ in bulk, from Covington, Ky., to Stur­ Commerce Commission, Bureau of Op­ resentative : David D. Brunson, Post geon Bay, Wis., for 180 days. Supporting erations, 1010 Federal Building, 550 Main Office Box 671, Oklahoma City, Okla. shipper: Ashland Oil & Refining Co., Street, Cincinnati, Ohio 45202. Authority sought to operate as a com­ Ashland, Ky. 41101. Send protests to: No. MC 107515 (Sub-No. 642 TA), filed mon carrier, by motor vehicle, over ir­ Keith D. Warner, District Supervisor, February 27, 1969. Applicant: REFRIG­ regular routes, transporting: Spice sets Interstate Commerce Commission, Bu­ ERATED TRANSPORT COMPANY, in glass containers and/or racks, from reau of Operations, 5234 Federal Office INC., Post Office Box 10799, Station A, Tulsa, Okla., to points in the United Building, Toledo, Ohio 43604. 3901 Jonesboro Road SE., Atlanta, Ga. States, for 180 days. Supporting shipper: No.JVtC 52460 (Sub-No. 99 TA) (Cor­ 30310. Applicant’s representative: B. L. Business Builders Inc., Tulsa, Okla. Send rection), filed February 12, 1969, pub­ Gundlach (same address as above). Au­ protests to: W. R. Atkins, District Su­ lished in the F ederal R egister issue of thority sought to operate as a common pervisor, Interstate Commerce Commis­ February 20, 1969, corrected and repub­ carrier, by motor vehicle, over irregular sion, Bureau of Operations, T-4009 Fed­ lished as corrected, this issue. Applicant: routes, transporting: Cured meats, from eral Building, 701 Loyola Avenue, New HUGH BREEDING, INC., 1420 West 45th Smithfield, Va., to points in Alabama, Orleans, La. 70113. Street, Tulsa, Okla. 74107. Applicant’s Georgia, Kentucky, North Carolina, No. MC 124377 (Sub-No. 10 TA), filed representative: Steve B. McCommas South Carolina, Louisiana, Mississippi, February 27, 1969. Applicant: REFRIG­ (same address as above). Authority Tennessee, Texas, Oklahoma, and Ar­ ERATED FOODS, INC., 3200 Blake sought to operate as a common carrier, kansas, for 150 days. Note : Applicant in­ Street, Denver, Colo. 80205. Applicant’s by motor vehicle, over irregular routes, tends to tack with Sub 478 at Mont­ representative: Roger Sollenbarger, The transporting: Anhydrous ammonia, in gomery, Ala. Supporting shipper: Swift 1650 Grant Street Building, Denver, bulk, in tank vehicles, (1) from the & Co., 115 West Jackson Boulevard, Colo. 80203. Authority sought to operate plantsite of Central Farmers Fertilizer Chicago, I1L 60604. Send protests to: as a contract carrier, by motor vehicle, Co. near Albany, 111., to points in Iowa; William L. Scroggs, District Supervisor, over irregular routes, transporting: (2) from the plantsite of Central Farm­ Interstate Commerce Commission, Bu­ Meat, meat products and articles dis­ ers Fertilizer Co. at Kingston Mines, HI., reau of Operations, Room 309, 1252 West tributed by meat packinghouses, as de­ to points in Indiana; (3) from the plant- Peachtree Street NW., Atlanta, Ga. 30309. scribed in sections A and C of Appendix I site of Agrico Chemical Co., a division No. MC 107743 (Sub-No. 10 TA), filed to the report in Descriptions in Motor of Continental Oil Corp. at North Pekin, February 27, 1969. Applicant: SYSTEM Carrier Certificates, 61 M.C.C. 209 and 111., to points in Indiana; (4) from the TRANSPORT, INC., East 6523 Broadway 766 (except hides and commodities in plantsite of Central Nitrogen Corp. near Avenue, Spokane, Wash. 99206. Authority bulk, in tank vehicles), from the plant- Terre Haute, Ind., to points in Illinois sought to operate as a common carrier, site of Sigman Meat Co„ at or near

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7 , 1969 NOTICES 4995 Brush, Colo., to the plantsite of Glover Heifer, Interstate Commerce Commis­ tract carrier, by motor vehicle over ir­ Packing Co., at or near Roswell, N. Mex., sion, Bureau of Operations, 135 West regular routes, transporting: Aluminum for 150 days. Supporting shipper: Sig- Wells Street, Room 807, Milwaukee, Wis. mobile house steps, aluminum boat man Meat Co., Inc., Post Office Box 5292 53203. docks, and aluminum pallets, from T.A., Denver, Colo. 80217. Send protests No. MC 133462 TA (correction), filed Bryan, Ohio, to points in Illinois, to: Charles W. Buckner, District Super­ February 11, 1969, published F e d e r a l Indiana, Kentucky, Michigan, Penn­ visor, Interstate Commerce Commission, R e g is t e r , issue of February 19, 1969, and sylvania, Missouri, Kansas, and Colo­ Bureau of Operations, 2022 Federal republished as corrected this issue. Ap­ rado, for 180 days. Supporting shipper: Building, Denver, Colo. 80202. plicant: GREAT EASTERN TRANS­ Jorjas, Inc., 2815 Mersey Lane, Lansing, No. MC 126154 (Sufe-No. 3 TA), filed PORT SYSTEMS, INC., 152-50 Rocka- Mich. 48910. Send protests to: Keith February 27,1969. Applicant: DOMENIC way Boulevard, Jamaica, N.Y. 11434. Ap­ D. Warner, District Supervisor, Inter­ MARCHI, 508 North Stephenson Avenue, plicant’s representative: Samuel Zinder, state Commerce Commission, Bureau of Iron Mountain, Mich. 49801. Authority Station Plaza East, Great Neck, N.Y. Operations, 5234 Federal Office Building, sought to operate as a common carrier, 11021. Authority sought to operate as a Toledo, Ohio 43604. by motor vehicle, over irregular routes, common carrier, by motor vehicle, over By the Commission. transporting: Malt beverages, namely, irregular routes, transporting: General beer, ale, porter, or stout; and soda, commodities, in containers and trailers, [ s e a l ] H . N e i l G a r s o n , water, namely, pop and soft drinks, from which have a prior or subsequent move­ \ Secretary. Minneapolis and St. Paul, Minn., to ment by water, between points in the [F.R. Doc. 69-2793; Filed, Mar. 6, 1969; points in Marquette County, Mich., and commercial zone of New York, N.Y., as 8 :5 0 a.m .] empty containers, on return, for 180 defined by the Interstate Commerce days. Supporting shippers: Ray Hirvo- Commission, for 150 days. N o t e : The nen and Clare Hirvonen, doing business purpose of this republication is to correct [Notice 306] as Marquette Bottling Works, Inc., Mar­ the commodities proposed to be trans­ quette, Mich. 49855; Vincent Tasson, ported. Previous publication showed that MOTOR CARRIER TRANSFER Owner, Tasson Distributing Co., Ishpem- applicant also proposed to transport PROCEEDINGS ing, Mich. 49849. Send protests to : C. R. trailers. Supporting shipper: Trans- M a r c h 4, 1969. Flemming, District Supervisor, Inter­ american Trailer Transport, Inc., 358 St. Synopses of orders entered pursuant state Commerce Commission, Bureau of Marks Place, Staten Island, N.Y. 10301. to section 212(b) of the Interstate Com­ Operations, 225 Federal Building, Lan­ Send protests to: E. N. Carignan, District merce Act, and rules and regulations sing, Mich. 48933. Supervisor, Interstate Commerce Com­ prescribed thereunder (49 CFR Part No. MC 126375 (Sub-No. 9 TA), filed mission, Bureau of Operations, 26 Federal Plaza, New York, N.Y. 10007. 1132), appear below: February 26, 1969. Applicant: CEL As provided in the Commission’s spe­ TRANSPORTATION COMPANY, Post No. MC 133501 (Sub-No. 1 TA), filed February 27, 1969. Applicant: DON E. cial rules of practice any interested per­ Office Box 447, Latrobe, Pa. 15650. Appli­ son may file a petition seeking reconsid­ cant’s representative: John A. Pillar, LESTER, doing business as DEL ENTER­ PRISES, River Road, Natchitoches, La. eration of the following numbered 2310 Grant Building, Pittsburgh, Pa. proceedings within 20 days from the 15219. Authority sought to operate as a 71457. Authority sought to operate as a contract carrier, by motor vehicle, over date of publication of this notice. Pur­ contract carrier, by motor vehicle, over suant to section 17(8) of the Interstate irregular routes, transporting: Inedible irregular routes, transporting: Southern yellow pine plywood, including both con­ Commerce Act, the filing of such a peti­ tallow and inedible grease, in bulk, in tion will postpone the effective date of tank vehicles, from Findlay Township, struction and standard grade, from plantsite of South Ply, Inc., located 5 the order in that proceeding pending its Allegheny County, Pa., to Cincinnati, disposition. The matters relied upon by Ohio, for 150 days. Supporting shipper: miles north of the City of Natchitoches in the Parish of Natchitoches, La., to petitioners must be specified in their Darling & Co., 4201 South Ashland Ave­ petitions with particularity. nue, Chicago, 111. 60609. Send protests points in Texas, Arkansas, Mississippi, to: Frank L. Calvary, District Supervisor, Alabama, Tennessee, Missouri, Georgia, No. MC-FC-70985. By order of Febru­ Interstate Commerce Commission, Bu­ Florida, Kentucky, Indiana, Illinois, and ary 25, 1969, the Motor Carrier Board reau of Operations, 2109 Federal Build­ Oklahoma, for 180 days. Supporting approved the transfer to Willis J. Jones ing, Pittsburgh, Pa. 15222. shipper: South Ply, Inc., Post Office Box and Emmett W. Jones, a partnership, 23, Natchitoches, La. Send protests to: doing business as W. J. Jones Trucking No. MC 128146 (Sub-No. 2 TA), filed W. R. Atkins, District Supervisor, Bureau Co., Franklin, Wis., of the operating February 27, 1969. Applicant: TED W. of Operations, Interstate Commerce rights in permit No. MC-125971 (Sub- BETLEY, Post Office Box 196, Amberg, Commission, T-4009 Federal Building, No. 3) issued May 12, 1966, to Willis J. Wis. 54102. Applicant’s representative: 701 Loyola Avenue, New Orleans, La. Jones, Betty F. Jones, and Emmett W. Val M. Higgins, 1000 First National Bank 70113. Jones, a partnership, doing business as Building, Minneapolis, Minn. 55402. Au­ No MC 133508 TA, filed February 28, W. J. Jones Trucking Co., Hales, Wis., thority sought to operate as a common 1969. Applicant: STANLEY JOHNSON, authorizing the transportation of crushed carrier, by motor vehicle, over irregular doing business as PORT SERVICE CO., limestone, in bulk, from Franklin, Wis., routes, transporting: Audit media and 71 Murray Street, New York, N.Y. 10007. to Winona, Minn. James P. Bums, business records, between Minneapolis Authority sought to operate as a con­ Walther & Bums, 740 North Plankinton and St. Paul, Minn., on the one hand, tract carrier, by motor-vehicle, over ir­ Avenue, Milwaukee, Wis. 53203, attorney and, on the other, points in the Upper regular routes, transporting: Glassware, for applicants. Peninsula of Michigan, points in Doug­ holloware, flatware and giftware, be­ No. MC-FC-71031. By order of Febru­ las, Bayfield, Ashland, Iron, Vilas, Bur­ tween New York, N.Y., commercial zone ary 25, 1969, the Motor Carrier Board nett, Washburn, Sawyer, Price, Oneida, and Shipper’s warehouse in Farming- approved the transfer to A & A Trans­ Forest, Florence, Polk, Barron, Rusk, dale, N.Y., for 150 days. Supporting portation Co., Inc., Medford, Mass., of Taylor, Lincoln, St. Croix, Dunn, Chip­ shipper : WMF Of America, Inc., 236 certificate of registration No. MC-96928 pewa, Pierce, Pepin, Eau Claire, Buffalo, Fifth Avenue, New York, N.Y. 10003. (Sub-No. 1), issued October 18, 1963, to Trempealeau, and La Crosse Counties, Send protests to: Paul W. Assenza, Dis­ Gale Transportation Co., Inc., doing Wis., and Green Bay, Wis., for 180 days. trict Supervisor, Interstate Commerce business as A & A Transportation Co., Supporting shippers: There are approxi­ Commission, Bureau of Operations, 26 Medford, Mass., authorizing the trans­ mately 13 statements of support attached Federal Plaza, New York, N.Y. 10007. portation of general commodities pur­ to the application, which may be ex­ No. MC 133509 TA, filed February 28, suant to Common Carrier Certificate No. amined here at the Interstate Commerce 1969. Applicant: JAMES L. SHORT, 205 3449, dated February 7, 1958, issued by Commission in Washington, D.C., or South Defiance Street, Archbold, Ohio the Massachusetts Department of Public copies thereof which may be examined 43502. Applicant’s representative: M. M. Utilities. Frank J. Weiner, 536 Granite at the field office named below. Send pro­ Emery, 6055 Flanders, Sylvania, Ohio. Street, Braintree, Mass. 02184, attorney tests to: District Supervisor Lyle D. Authority sought to operate as a con­ for applicants.

FEDERAL REGISTER, VOL. 34, NO. 45— FRIDAY, MARCH 7, 1969 No. 45---- 9 4996 NOTICES No. MC-FC-71079. By order of Febru­ 1965, January 5, 1965, March 23, 1966, other, points in Pennsylvania within 150 ary 25, 1969, the Motor Carrier Board May 13, 1966, May 2, 1967, June 13, 1968, miles of Salamanca; and general com­ approved the transfer to Daniel Parker, June 20, 1967, March 5, 1968, July 18, modities, in pickup and delivery service Route 3, Box 119, Laurel, Del. 19956 of 1967, November 6, 1967, July 31, 1968, for line-haul motor carriers, between certificate No. MC-95921, issued Septem­ April 12, 1968, July 2, 1968, September points in Salamanca, N.Y. Kelly and ber 5, 1958, to John William Littleton, 20, 1968, November 4, 1968, and Septem­ Monighan, 103 Main Street, Salamanca, Route 1, Post Office 249A, Delmar, Del. ber, 30, 1968, to R. D. Transfer, Inc., N.Y. 14779, attorneys for applicants. 19940, authorizing the transportation Omaha, Nebr., authorizing the transpor­ No. MC-FC-71120. By order of Febru­ of : Fertilizer, from Laurel, Del., to points tation of : various commodities of a gen­ ary 25, 1969, the Motor Carrier Board in Dorchester, Somerset, Wicomico, and eral commodity nature from, to, and be­ approved the transfer to Actron Corp., Worcester Counties, Md.; and fertilizer tween specified points in the United Boston, Mass., of the certificate in No. and fertilizer materials, between Laurel, States. Donald L. Stem, 630 City Na­ MC-128293, issued October 21, 1966, to Del., on the one hand, and, on the other, tional Bank Building, Omaha, Nebr. Chadco Express, Inc., Malden, Mass., au­ points in Caroline, Queen Annes, Kent, 68102, attorney for applicants. thorizing the transportation of house­ Talbot, and Cécil Counties, Md. No. MC-FC-71119. By order of Febru­ hold goods between Malden, Mass., on No. MC-FC-71104. By order of Febru­ ary 25, 1969, the Motor Carrier Board the one hand, and, on the other, points ary 24, 1969, the Motor Carrier Board approved the transfer to Arnold E. in Maine, Massachusetts, New Hamp­ approved the transfer to Hunt Trans­ Evans, doing business as Evans Bros., shire, New York, Connecticut, Pennsyl­ portation, Inc., Omaha, Nebr., of the Salamanca, N.Y., of certificate No. MC- vania and a described area in Rhode Is­ operating rights in certificates Nos. MC- 34036, issued January 28, 1953, to land, and new furniture from Melrose, 82841, MC-82841 (Sub-No. 9), MC-82841 Arnold E. Evans and Nelson A. Evans, a Mass., to points in Maine, Rhode Island, (Sub-No. 10), MC-82841 (Sub-No. 13), partnership, doing business as Evans Connecticut and a described area in New MC-82841 (Sub-No. 17), MC-82841 (Sub- Bros., Salamanca, N.Y., authorizing the Hampshire. Neal Holland, 225 Franklin No. 18), MC-82841 (Sub-No. 21), MC- transportation of: Used machinery and Street, Boston, Mass. 02110, attorney for 82841 (Sub-No. 22), MC-82841 (Sub-No. scrap metals, from Bradford, Pa., to applicant. 24), MC-82841 (Sub-No. 26), MC-82841 Salamanca, N.Y., over U.S. Highway 219; (Sub-No. 28), MC-82841 (Sub-No. 32), household goods as defined by the Com­ [ s e a l ] H. N e il G a r s o n , MC-82841 (Sub-No. 33), MC-82841 (Sub- mission, between Salamanca, N.Y., and Secretary.k No. 34), MC-82841 (Sub-No. 37), MC- points in New York within 20 miles [F.R. Doc. 69-2784; Filed, Mar. 6, 1969; 82841 (Sub-No. 38), issued January 29, thereof, on the one hand, and, on the 8 :5 0 a.m .]

FEDERAL REGISTER, V O L 34, NO. 45— FRIDAY, MARCH 7, 1969 FEDERAL REGISTER 4997

CUMULATIVE LIST OF PARTS AFFECTED— MARCH

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

3 CFR Page 14 CFR— Continued P age 36 CFR Page Proclamations: P r o p o s e d R u l e s — Continued 311______4968 3896 ______-______3789 145______3695 326______4968 3897 ______3791 147______3751 3898 _____ 4935 157______3756 37 CFR P r o p o s e d R u l e s : Executive Orders: 16 CFR 11007 (see EO 11458)___ 4937 1______4973 11457 ______3793 13______3658, 3659 3______4973 11458 _^______— 4937 15— ______3742 240______L______4926 38 CFR 7 CFR 503______4956 36______4889 318______— 4879 17 CFR 39 CFR 722______- 3733 231— ______4886 730______3733 171______3797 775______3795 P r o p o s e d R u l e s : 811______—— 3795 240______4896 41 CFR 842______3795 5B -3______-i.___ -____ 4890 877— ______i____ 3733 19 CFR 9-1______4890 891 ______3737 4______4957 9-16______4890 907______3738, 4879 16______4957 9-53____ 1______4890 908 ______4880, 4956 30______4957 910______— 3674, 3738 42 CFR 912 ______3674 20 CFR 205______3743 913 ______P r: o_ p o3675 s e d R u l e s : 991_____ 4956 P r o p o s e d R u l e s : 993______3675 604— _____ 3748 54______3689 1130______3676 209______3749 1424______4880 21 CFR 1427______4882 1______4886 45 CFR 121______4887, 4888 Proposed R ules: 320______4888, 4889145______3801 906______'______4969 177______3801 959______4969 P r o p o se d R u l e s : 250______i._ 3745 1061______3808 121______— 3748 1061____ 3686 1068______3833 P r o p o s e d R u l e s : 1202______4893 2 2 . CFR 416______3689 42—’______4964 12 CFR 501______—46 3659 CFR 545______*______4884 25 CFR P r o p o s e d R u l e s : Ch. II______4973 584______3796 131______— 3686 Proposed R ules: 584______4895 26 CFR 47 CFR 170______3662 5______— 3801 73______3802, 3804 14 CFR 179______3662 194-______3663 81______- _ 3806 39_...... 3738, 4885, 4939, 4940 196 ______3667 87______3807 71------3655, 3796, 4502, 4940-4944 197 ______;___ 3667 89______3807 73------3656, 4502 201______3669 91______3807 75------4502 240______;______3670 93____ 3807 95.------3738 245______3671 95______3807 97------4945 250______3673 P r o p o se d R u l e s : 1 5 .1 ------3656, 4885 251-___ 3673 1______3852 153-1____ 3656 296—____.______3672 21______3852 301—1______- ______3673 199------3657 43______i______3852 P r o p o se d R u l e s : 73 ______3853-3855, 3857, 4895 240 ------3741 74 ______3858 241 ------3 741 1____ — ______3700 298------4955 28 CFR 49 CFR 385— ;______3742 0______4889 369______— 3687 399______3742 371______3688 Proposed R ules: 29 CFR 1033______3746 1048______4892 21------3695, 4893 1505—,__ — ______3776 36------4893 P r o p o s e d R u l e s : 71______3852 39______4894 32 CFR 371______3699 43------3695 577______— 4965 1203—___ -______4897 65------3695 71------3696-3699, 3851, 4894, 4974 33 CFR 50 CFR 91------3695 207______-______4967 28______4892 121------3751 208 ___—____ i______4967 33______3747, 4892

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government organization KNOW YOUR manual GOVERNMENT 1068 1969

Presents essentia! information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative» judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.