FEDERAL REGISTER VOLUME 32 • NUMBER 247 Friday, December 22, 1967 • Washington, D.C. Pages 20697-20760
Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Air Forée Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commerce Department Consumer and Marketing Service Emergency Planning Office Farm Credit Administration Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Housing Administration Federal Power Commission Federal Trade Commission Fish and Wildlife Service Fiscal Service Interior Department Internal Revenue Service Interstate Commerce Commission Mines Bureau National Aeronautics and Space Administration Navy Department Securities and Exchange Commission Detailed list of Contents appears inside. 2-year Compilation Presidential Documents Code of Federal Regulations TITLE 3, 1964-1965 COMPILATION
Contains the full text of Presidential Proclamations, Executive orders, reorganization plans, and other formal documents issued by the President and published in the Federal Register during the period January 1, 1964- December 31, 1965. Includes consolidated tabular finding aids and a consolidated index.
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Compiled by Office of the Federal Register. National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402
Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDEMUaPEGISTER__ _ Archives and Records Service, General Services Administration (mail address National Area Code 202 - Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal Regulations, which is published, under 50 titles, pur suant to section 11 of the Federal Register Act, as amended. The Code of Federal Regulations is sold by the Superintendent or Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal Regulations. Contents
AGRICULTURAL RESEARCH Proposed Rule^ Making FEDERAL COMMUNICATIONS SERVICE Charter trips and special services; COMMISSION liberalization of. volume restric Notices tions for all-cargo carriers____ 20739 Proposed Rule Making Licensed dealers under Laboratory Statement of general policy; par S t a n d a r d broadcast services; Animal Welfare Act; list of per ticipation of combination car standard method for calculating sons ___ — ------20740 riers in blocked space service_ 20739 radiation______20739 CIVIL SERVICE COMMISSION Notices Hearings, etc.: AGRICULTURAL STABILIZATION Rules and Regulations American Television Co., Inc__ 20749 AND CONSERVATION SERV Transportation Department; ex Berwick Broadcasting Corp., cepted service______20701 and P.A.L. Broadcasters, Inc_ 20749 ICE Buckeye Cablevision, Inc_____ 20749 Rules and Regulations COMMERCE DEPARTMENT Lebanon Broadcasting Co., and Beet sugar area; approved areas See also Business and Defense Risner Broadcasting, Inc___ 20751 for 1066 crop______20701 Services Administration. Muniz, Lucas Tomas and Are- cibo Broadcasting Corp., Inc_ 20752 Notices N a t c h e z Broadcasting Co. AGRICULTURE DEPARTMENT Economic Development Adminis (WMIS)______20752 tration; organization and func Outer Banks Radio Co. et al___ 20752 See also Agricultural Research tions ______20745 South Jersey Radio, Inc. et al__ 20752 Service; Agricultural Stabiliza tion and Conservation Service; CONSUMER AND MARKETING Consumer and Marketing Serv FEDERAL HIGHWAY ice. -:A SERVICE ADMINISTRATION Notices Rules and Regulations Indiana, Ohio and Texas; desig Irish potatoes grown in Washing Proposed Rule Making nation of areas for emergency ton; expenses and rate of as Private motor carriers of hazard loans______.___ - ____ 20742 sessment ______20702 ous materials; annual safety Onions grown in South Texas; accident report; correction___ 20739 shipment limitations______20702 AIR FORCE DEPARTMENT Proposed Rule Making FEDERAL HOUSING Raisins produced from grapes Rules and Regulations ADMINISTRATION Appointment of officers in United grown in California; decision States Air Force or as Reserves and referendum______20732 Rules and Regulations of the Air Force; miscellaneous Miscellaneous amendments to amendments______20720 DEFENSE DEPARTMENT chapter______20716 See Air Force Department; Navy Department. ATOMIC ENERGY COMMISSION FEDERAL POWER COMMISSION EMERGENCY PLANNING OFFICE Notices Notices Rules and Regulations Special nuclear material; notice Hearings, etc.: of proposed new lease agree Employee responsibilities and con Manco Corp. et al______20754 ment ______20748 duct ______20722 Northern States Power Co____ 20753 State of Colorado; proposed agree Employee responsibilities and con S t a n d a r d Oil Company of ment for assumption of certain duct; cross reference______20726 Texas______20753 AEC regulatory authority_____ 20749 Stringer, J. Frank______20755 FARM CREDIT ADMINISTRATION Union Light, Heat, and Power Rules and Regulations Co------20756 BUSINESS AND DEFENSE Miscellaneous amendments to SERVICES ADMINISTRATION chapter______20703 FEDERAL TRADE COMMISSION Notices FEDERAL AVIATION Rules and Regulations Duty-free entry of scientific ar-. ADMINISTRATION Administrative opinions and rul tides: ings; legality under antitrust Agriculture Department.______20744 Rules and Regulations laws of complying with State Louisiana State University et al_ 20742 Control zone; alteration______20704 milk marketing orders______20716 New Haven College et al______20743 Control zone and transition area; Ohio State University______20744 alteration______20705 University of Missouri and City Standard instrument approach FISH AND WILDLIFE SERVICE College Research Founda p r o c e d u r e s ; miscellaneous tion ______20743 amendments______20706 Rules and Regulations University of North Carolina__ 20745 Transition area: Brazoria National Wildlife Refuge, University of Washington Medi Alteration______20704 Texas; sport fishing______20704 cal School______20742 Designation (3 documents)___ 20705 Proposed Rule Making FISCAL SERVICE CIVIL AERONAUTICS BOARD Control area; proposed designa tion (2 documents)_____ 20737, 20738 Rules and Regulations Rules and Regulations Control zone and transition area; Secretary of Defense; delegation Report of charter services per proposed designation______20738 of authority to issue substitute formed for Military Airlift Com Federal airway; proposed altera checks-______20717 mand ____ ;______20711 tion______20737 (Continued on next page) 20699 20700 CONTENTS
HOUSING AND URBAN INTERSTATE COMMERCE NAVY DEPARTMENT DEVELOPMENT DEPARTMENT * COMMISSION Rules and Regulations See Federal Housing Administra Notices Procedures and requirements for tion. Fourth section applications for appointment as midshipman at relief______*______20757 U.S. Naval Academy; miscella Motor carrier temporary authority neous amendments______20717 applications______20757 Standards of conduct; miscella INTERIOR DEPARTMENT neous amendments______20719 See also Fish and Wildlife Service; SECURITIES AND EXCHANGE Mines Bureau. MINES BUREAU COMMISSION Notices Proposed Rule Making Notices Texas; determination of commer Supplied-air respirators; proce American General Insurance Co.; cial fishery failure due to re dures for investigation, tests, notice of application______20756 source disaster______20740 certification, approval, and fees- 20730 TRANSPORTATION DEPARTMENT See Federal Aviation Administra tion; Federal Highway Admin INTERNAL REVENUE SERVICE NATIONAL AERONAUTICS AND istration. Proposed Rule Making SPACE ADMINISTRATION Income tax; unincorporated busi Rules and Regulations TREASURY DEPARTMENT ness enterprises taxed as Boards and committees; Aerospace See Fiscal Service; Internal Rev domestic corporations ______20727 Safety Advisory Panel______20714 enue Service.
List of CFR Parts Affected (Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.
5 CFR 16 CFR 32 CFR 213______20701 15___ — 20716 710______20717 721______20719 7 CFR 881______20720 842______20701 24 CFR 1703______20722 946______20702 203—___ 20716 959______20702 207_____ 2071G 32A CFR P roposed Rules: 220_____ 20717 OEP (Ch. I ) : 989______20732 Reg. 6___ 20726 12 CFR 26 CFR 47 CFR 610______20703 P roposed R ules : 670______20703 1______20727 P roposed R ules: 73______20739 14 CFR 71 (6 documents) __— _____20704, 20705 30 CFR 49 CFR 20706 97______P roposed R ules: P roposed R ules: 243______20711 12______20730 177______— 20739 1209______20714 294______20739 P roposed R ules: 71 (4 docum ents)____ 20737, 20738 207______20739 31 CFR 50 CFR 399______20739 365_____ 20717 33______20704 20701 Rules and Regulations
Entire Counties Title 5— ADMINISTRATIVE
FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20702 RULES AND REGULATIONS (n) New Mexico. The purpose of this supplement is to (c) Terms used in this section shall Entire County give notice that specific counties and have the same meaning as when used Curry. local producing areas have qualified in the said marketing agreement and (o) 'New York. under the requirements with respect to order. Entire Counties the 1966 crop of sugar beets and that It is hereby found that good cause ex Cayuga. Ontario. any sugar-beet producer operating a ists for not postponing the effective time Genesee. Orleans. farm which is located in any one of these of this action until 30 days after pub Herkimer. Oswego. counties or local producing areas and lication in the F ederal R egister (5 U.S.C. Livingston. Seneca. which is otherwise qualified may apply - Tompkins. 553) in that: (1) The relevant provisions Madison. for payment accordingly, if he has not of said marketing agreement and this Monroe. Wayne. already done so. Oneida. Tates. part require that the rate of assessment Onondaga. (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153. Sec. fixed for a particular fiscal period shall (p) North Dakota. 303, 61 Stat. 930; 7 U.S.C. 1133) be applicable to all assessable potatoes Entire Counties Effective date: Date of publication. from the beginning of such period, and (2) the current fiscal year began June McLean. Walsh. Signed at Washington, D.C., on De l, 1967, and the rate of assessment here Individual Local P roducing Areas cember 18,1967. in fixed will automatically apply to all COUNTIES AND AREAS Charles L. F razier, assessable potatoes beginning with such date. Cass: Area 2; Area 3. Acting Deputy Administrator, Grand Porks: Area 2; Chester, State and County Operations. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (q) Ohio. [F.R. Doc. 67-14914; Filed, Dec. 21, 1967; 601-674) E ntire Counties 8:50 a.m.] Dated: December 18,1967. Allen. Mercer. P aul A. N icholson, Defiance. Ottawa. Chapter IX— Consumer and Market Deputy Director, Fruit and Veg Erie. Putnam. etable Division, Consumer and Hancock. Van Wert. ing Service (Marketing Agreements Hardin. and Orders; Fruits, Vegetables, Marketing Service. Nuts), Department of Agriculture [F.R. Doc. 67-14859; Filed, Dec. 21, 1967; I ndividual Local P roducing Areas 8:46 a.m.] COUNTIES AND AREAS PART 946-—IRISH POTATOES GROWN Henry: Bartlow; Flatrock; Richfield; Pleas IN WASHINGTON ant; Marion. [959.308] Expenses and Rate of Assessment Lucas: Jerusalem. PART 959— ONIONS GROWN IN Sandusky: Area 3; Madison. Wood : Area 3; Area 4; Perrysburg. Notice of rule making regarding the SOUTH TEXAS (r) Oregon. proposed expenses and rate of assess ment, to be made effective under Mar Limitation of Shipments ntire Counties E keting Agreement No. 113 and Order No. Notice of rule making with respect to Malheur. Umatilla. 946 (7 CFR Part 946), regulating the a proposed limitation of shipments reg (s) Texas. handling of Irish potatoes grown in the Entire Counties ulation to be made effective under Mar State of Washington, was published in keting Agreement No. 143 and Order No. Castro. Parmer. the F ederal R egister November 28, 1967 959 (7 CFR Part 959), both as amended, Deaf Smith. Swisher. (32 F.R. 16220). This regulatory program regulating the handling of onions grown Hale. is effective under the Agricultural Mar in designated counties in south Texas, (t) Utah. keting Agreement Act of 1937, as amend Entire Counties was published in the F ederal R egister, ed (7 U.S.C. 601 et seq.). The notice November 2, 1967 (32 F.R. 15177). This Cache. Sevier. afforded interested persons an oppor program is effective under the Agricul Carbon. Utah. tunity to file data, views, or arguments Iron. Weber. tural Marketing Agreement Act of 1937, (u) Washington. pertaining thereto not later than 15 as amended (7 U.S.C. 601 et seq.). days after its publication in the F ederal The notice afforded interested persons Entire Counties R egister. None was filed. an opportunity to file data, views,«or Adams. Grant. After consideration of all relevant arguments pertaining thereto not later Benton. Walla Walla. matters, including the proposals set forth than 30 days after publication. None was Franklin. Yakima. in the aforesaid notice which were rec filed. (v) Wyoming. ommended by the State of Washington After consideration of all relevant Entire Counties Potato Committee, established pursuant matters, including the proposal set forth Converse. Platte. to the said marketing agreement and in the aforesaid notice which was rec Goshen. Sheridan. order, it is hereby found and determined ommended by the South Texas Onion Johnson. Washakie. that: Committee, established pursuant to the Laramie. § 946.219 Expenses and rate of assess said amended marketing agreement and I ndividual Local Producing Areas ment. order, it is hereby found that the limita tion of shipments regulation, as herein C O U N TIES AND AREAS (a) The reasonable expenses that are after set forth, will tend to effectuate the Big Horn: Area 2; Area 6. likely to be incurred during the fiscal declared policy of the act. Fremont: Area 1; Area 2. year ending May 31, 1968, by the State of Washington Potato Committee to per § 959.308 Limitation of shipments. Statement of Bases and Considerations form its functions and for such other , During the period beginning March 1, One of the conditions of eligibility of purposes as the Secretary determines to 1968, through June 15, 1968, no handler a sugar-beet producer for an acreage be appropriate, will amount to $28,884.45. may package or load onions on Sundays, abandonment or crop deficiency pay (b) The rate of assessment to be paid or handle any lot of onions grown in the ment is that the farm of such producer by each handler in accordance with Mar production area, except red onions, un is located in a county or local producing keting Agreement No. 113 and this part less such onions meet the grade require area for which the Agricultural Stabili ments of paragraph (a) of this section, zation and Conservation county com shall be one-tenth of one cent ($0.001) one of the applicable size requirements mittee determines that certain uncon per hundredweight, or equivalent quan of paragraph (b) of this section, the trollable natural conditions have caused tity, of potatoes handled by him, as the container requirements of paragraph (c) a prescribed amount of damage to the first handler thereof, during said fiscal of this section, and the inspection re sugar-beet crop. year. quirements of paragraph (f ) of this sec-
FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20703 tion, or unless such onions are handled plus the weight of the master container, committee form required as evidence of in accordance with the provisions of may not exceed 15 percent over the des inspection is hereby determined to be paragraph (d) or (e) of this section. ignated net contents. valid for a period not to exceed 72 hours (a) Minimum grade. Not to exceed 20 (iv) The average net weight per lot offollowing completion of inspection as percent defects of U.S. No. 1 grade. In 50-pound cartons shall not exceed 55 shown on the certificate. percentage grade lots, tolerances for seri pounds. (g) Definitions. The term “U.S. No. ous damage shall not exceed 10 percent (2) Reporting requirements for ex 1” shall have the same meaning as set including not more than 2 percent de perimental shipments. Each handler who forth in the U.S. Standards for Bermuda- cay. Double the lot tolerance shall be handles such experimental shipments of Granex-Grano Type Onions (§§51.3195- permitted in individual packages in per onions shall report thereon to the com 51.3209 of this title), or in the U.S. Stand centage grade lots. Application of toler mittee on forms arid at such times as the ards for Grades of Onions (§§ 51.2830- ances in U.S. Grade Standards shall ap committee prescribes, as follows: 51.2854 of this title), whichever is ap ply to in-grade lots. (1) The number of the inspection cer plicable to the particular variety. (b) Size requirements. (1) “Small”— tificate showing the grade and size of 1 to 2% inches in diameter, and limited onions so packed and the size container All terms used in this section shall have to whites only; in which such onions were handled. the same meaning as when used in Mar (2) “Repacker”—1% to 3 inches in di keting Agreement No. 143, as amended, (ii) Prices received for each such ship and this part. ameter, with 60 percent or more 2 inches ment on a f.o.b. basis and prices paid to in diameter or larger; growers of such onions. (Secs. 1-19, 48 Stat. 31, as amended; 7 ILS C. (3) 2 to 3% inches in diameter; or 601-674) (4) “Jumbo”—3 inches or larger in (iii) Any adjustments from the orig diameter. inal sales price agreement for such on Dated: December 18, 1967 to become ions on each shipment, with reasons effective March 1,1968. (c) Container requirements. (1) 25- therefor, and the final net prices paid to pound bags, with not to exceed in any the grower of such onions. P aul A. Nicholson, lot an average net weight of 27 % pounds (iv) Such other incidental and related Deputy Director, Fruit and per bag, and with outside dimensions information necessary to provide the Vegetable Division, Consumer not larger than 29 inches by 31 inches; and Marketing Service. or foregoing data on prices received by growers, as requested by the committee. [F.R. Doc. 67-14860; Filed, Dec. 21, 1967; (2) 50-pound bags,, with not to exceed 8:47 a.m.] in any lot an average net weight of 55 (v) The time and location at which pounds per bag, and with outside dimen such shipment may be reinspected at sions not larger than 33 inches by 38% destination. inches. Such reports, in accordance with (3) These c o n t a i n e r requirements § 959.80, shall be furnished to the com Title 12— BANKS AND BANKING shall not be applicable to onions sold to mittee in such manner or form and in Chapter VI— Farm Credit Federal agencies. such time as it may prescribe. Also, each Administration (d) Minimum quantity exemption. handler of experimental shipments of on Any handler may handle, only as in ions shall maintain records of such mar SUBCHAPTER B— FEDERAL FARM LOAN SYSTEM dividual shipments and other than for ketings, pursuant to § 959.80(c). Such PART 610— FEDERAL LAND BANKS resale, not more than 100 pounds of on records shall be subject to review and GENERALLY ions per day, in the aggregate, without audit by the committee to verify reports regard to the requirements of this sec thereon. SUBCHAPTER F— BANKS FOR COOPERATIVES tion or to the inspection and assessment (3) Onions failing to meet require PART 670— BANKS FOR COOP requirements of this part. ments. Onions failing to meet the grade, (e) Special purpose shipments and size, and container requirements of this ERATIVES GENERALLY culls—(1) Experimental shipments. On section, and are not exempted under Miscellaneous Amendments ions may be handled for experimental paragraph (d) of this section, may be purposes as follows : handled only pursuant to § 959.126. Culls In Chapter VI of Title 12 of the Code (i) Each handler desiring to make may be handled pursuant to § 959.126 of Federal Regulations, Part 610 is such shipments shall first apply to the (a)(1). Shipments for relief or charity amended by revising §§ 610.41 and 610.42 committee for and obtain a Certificate may be handled without regard to in (31 F.R. 16238), and Part 670 is amended of Privilege to make such shipments. spection and assessment requirements. by revising §§ 670.90 and 670.92 (31 F.R. (ii) After obtaining an approved Cer (f) Inspection. (1) No handler may 16258), to read as follows: tificate of Privilege, each handler may handle any onions regulated hereunder § 610.41 Interest rates on loans and handle onions packed in 3- or 5-pound (except pursuant to paragraph (d) or overdue items. consumer size containers, or 50-pound (e)(3) of this section) .unless an ap cartons, if they meet the grade and size (a) Loan or charge rate. On loans propriate inspection certificate has been made through associations, the rate of requirements of paragraphs (a) and (b) issued with respect thereto and the cer ?f this section and if they are handled interest at which the loan is written, and tificate is valid at the time of shipment. any lesser rate of interest to be charged in accordance with the reporting require (2) No handler may transport or cause the borrower, shall be as determined by ments established in subparagraph (2) the transportation of any shipment of of this paragraph on such shipments: the board of directors of the bank with onions by motor vehicle for which an the approval of the Farm Credit Adminis Provided, That shipments of 3- and 5- inspection certificate is required unless tration. Pound containers shall not exceed 10 per each such shipment is accompanied by cent of a handler’s total weekly onion a copy of the inspection certificate ap (b) Overdue items. The rate of inter shipments, and provided further that plicable thereto or by documentary evi est specified in the mortgage or note for shipments_of 50-pound cartons shall not dence on forms furnished by the commit loan payments that are in default and in exceed 10 percent of a handler’s total tee identifying truck lots to which a the mortgage for payments made by the weekly onion shipments of all onions, valid inspection certificate is applicable bank for taxes, liens, judgments, or allowed to be marketed under this and a copy of such inspection certificate assessments, against the mortgaged prop section. • xsilp or commitee document, upon request, is erty not paid when due or for insurance (iii) The average gross weight of mas- surrendered to authorities designated by premiums covered by the mortgage, shall er containers per lot, as computed by the committee. be as determined by the board of direc multiplying the number of packages (3) For purpose of operation under tors of the bank but may not exceed 8 nerem by their weight classification, this part each inspection certificate or per centum per annum.
FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20704 RULES AND REGULATIONS
§ 610.42 Special interest rates. Administration published proposed reg Approval is given to an interest rate Title 50— WILDLIFE AND ulations which would alter the Patuxent one-half of 1 percent per annum in ex River, Md., control zone. cess of the interest rate otherwise au FISHERIES Interested parties were given 30 days thorized for bank loans through associa Chapter I— Bureau of Sport Fisheries after publication in which to submit written data or views. No objections to tions secured by first mortgages on the and Wildlife, Fish and Wildlife the proposed regulations have been following farm property in the continen Service, Department of the Interior tal United States: received. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20705 (Sec. 307(a), Federal Aviation Act of centerline of Olmsted State Airport Runway (Sec. 307(a), Federal Aviation Act of 1958; 1958; 72 Stat. 749; 49 U.S.C. 1348) 13 extended from the 9-mile radius area to 72 Stat. 749; 49 U.S.C. 1348) 9 miles southeast of the end of the runway. Issued in Jamaica, N.Y., on Decem Issued in Jamaica, N.Y., on December ber 1, 1967. [F.R. Doc. 67-14849; Filed, Dec. 21, 1967; 8:45 a.m.] 1,1967. Wayne H endershot, W ayne Hendershot, Acting Director, Eastern Region. Acting Director, Eastern Region. 1. Amend § 71.181 of Part 71 of the [Airspace Docket No. 67-EA-67] 1. Amend § 71.181 of Part 71 of the Federal Aviation Regulations so as to de p a r t 71— designation o f f e d e r a l Federal Aviation Regulations so as to lete in the Cincinnati, Ohio, 700-foot floor AIRWAYS, CONTROLLED AIRSPACE, designate a 700-foot floor Youngstown, transition area the phrase “14 miles AND REPORTING POINTS Ohio (Youngstown Executive Airport), north of the Runway 18 OM” and sub described as follows: stitute therefor, “14 miles north of the Designation of Transition Area Youngstow n, Ohio (Y oungstown Runway 18 OM; within 2 miles each Executive Airport) side of a line bearing 270° from the Burl- On page 14667 of the F ederal R eg ington, Ky. RBN extending from the ister for October 21, 1967, the Federal That airspace extending upward from 700 Aviation Administration published pro feet above the surface within a 5-mile 11.5-mile radius area to 8 miles west of radius of the center, 41°03'34'' N., 80°49'48” the RBN and within 2 miles each side posed regulations which would desig nate a 700-foot floor transition area W., of Youngstown Executive Airport, of the Cincinnati VORTAC 290° radial Youngstown, Ohio; within 2 miles each side extending from the 11.5-mile radius area over Wooster Municipal Airport, of the centerline of Runway 29 extended to 21 miles west of the VORTAC.” Wooster, Ohio. from the 5-mile radius area to 5 miles west Interested parties were given 30 days of the end of the runway; within 2 miles [F.R. Doc. 67-14848; Filed, Pec. 21, 1967; after publication in which to submit each side of the centerline of Runway 11 8:45 a.m.] written data or views. No objections to extended from the 5-mile radius area to 6 the proposed regulations have been miles east of the end of the runway and [Airspace Docket No. 67-EA-72] received. within 2 miles each side of the 203° radial of In view of the foregoing, the proposed the Youngstown, Ohio, VOR extending from PART 71— DESIGNATION OF FEDERAL regulations are hereby adopted effective the 5-mile radius area to 11 miles southwest AIRWAYS, CONTROLLED AIRSPACE, 0001 e.s.t., February 1, 1968. of the VOR. AND REPORTING POINTS [F.R. Doc. 67-14851; Filed, Dec. 21, 1967: (Sec. 307(a), Federal Aviation Act of 1958; 8:46 a.m.] 72 Stat. 749; 49 U.S.C. 1348) Alteration of Control Zone and Transition Area Issued in Jamaica, N.Y., on Decem ber 1, 1967. [Airspace Docket No. 67-EA-73] On pages 14666 of the F ederal R egister Wayne Hendershot, p a r t 71— designation o f f e d e r a l for October 21, 1967, the Federal Avia Actir^g Director, Eastern Region tion Administration published proposed AIRWAYS, CONTROLLED AIRSPACE, regulations which would alter the Harris 1. Amend § 71.181 of Part 71 of the AND REPORTING POINTS Federal Aviation Regulations by desig burg, Pa., control zone and 700-foot floor Designation of Transition Area transition area. nating a 700-foot floor Wooster, Ohio, Interested parties were given 30 days transition area described as follows: On page 14668 of the F ederal R egister after publication in which to submit Wooster, Ohio for October 21, 1967, the Federal Avia tion Administration published proposed written data or views. No objections to That airspace extending upward from 700 the proposed regulations have been re feet above the surface within a 5-mile radius regulations which would designate a 700- ceived. ; of the center, 40°50'09'' N., 81°54'36" W., of foot floor transition area over Gloucester Airport, Gloucester, Va. In view of the foregoing, the proposedT Wooster Municipal Airport, Wooster; Ohio; within 2 miles each side of the Wooster, Ohio, Interested parties were given 30 days regulations are hereby adopted effective RBN ,(40°48'50'' N., 81°54'20" W.), 173° 0001 e.s.t., February 1, 1968. after publication in which to submit bearing extending from the-5-mile radius written data or views. No objections to (Sec. 307(a), Federal Aviation Act of 1958; area to 8 miles south of the RBN and within the proposed regulations have been 72 Stat. 749; 49 U.S.C. 1348) 2 miles each side of the centerline of Runway 16 extended from the 5-mile radius area to received. Issued in Jamaica, N,Y., on Decem 6 miles south of the end of the runway. In view of the foregoing, the proposed ber 1, 1967. [F.R. Doc. 67-14850; Filed, Dec. 21, 1967; regulations are hereby adopted effective Wayne Hendershot, 8:46 a.m.] Acting Director, Eastern Region. 0001 e.s.t., February 1, 1968. (Sec. 307(a),. Federal Aviation Act of 1958; Amend § 71.181 of Part 71 of the - [Airspace Docket No. 67-EA-69] 72 Stat. 749; 49 U.S.C. 1348) Federal Aviation Regulations by deleting the description of the Harrisburg, Pa., PART 71— DESIGNATION OF FEDERAL Issued in Jamaica, N.Y., on Decem 700-foot floor transition area and insert AIRWAYS, CONTROLLED AIRSPACE, ber 1,1967. in lieu thereof the following: Wayne Hendershot, AND REPORTING POINTS Harrisburg, Pa. Acting Director, Eastern Region. That airspace extending upward from 700 Designation of Transition Area 1. Amend § 71.181 of Part 71 of the feet above the surface within a 12-mile ra Federal Aviation Regulations so as to dius of a point 40° 13'24" N., 76°52'39" W.; On page 14667 of the F ederal R egister within 5 miles south and 8 miles north of for October 21, 1967, the Federal Avia designate a 700-foot floor transition area the Harrisburg-York State Airport ILS tion Administration published proposed described as follows: localizer west course extending from the regulations which would designate a Gloucester, Va. 12-mile radius area to 12 miles west of the 700-foot floor transition area over °M; w ithin 5 miles north and 8 miles south Youngstown Executive Airport, Youngs That airspace extending upward from 700 of the Harrisburg VOR 280° radial extending feet above the surface within a 5-mile radius ftom the 12-mile radius area to 12 miles town, Ohio. of the center, 37°23'45" N., 76°31'50" W. of west of th e VOR; within a 9-mile radius of Interested parties were given 30 days the Gloucester Airport, Gloucester, Va.; and she center, 40°11'35'' N., 76°45'47" W. of after publication in which to submit within 2 miles each side of the 110° radial Imsted State Airport, Middletown, Pa.; written data or views. No objections to of the Harcum, Va., VOR, extending from within 5 miles north and 8 miles south of the proposed regulations have been re the 5-mile radius area to the VOR, exclud ne Olmsted State Airport ILS localizer ceived. ing the portion within the West Point, Va., northwest course extending from the 12- In view of the foregoing, the proposed transition area. mile radius area to 12 miles northwest of the regulations are hereby adopted effective [F.R. Doc. 67-14852; Filed, Dec. 21, 1967; M, and within 2 miles each side of the 0001 e.s.t., February 1, 1968. 8:46 am.] No. 247---- 2 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20706 RULES AND REGULATIONS SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8592; Arndt. 573] • 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 classification 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 the following low or medium frequency range procedures prescribed in § 97.11(a) to read: LFR Standard Instrument Approach Procedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSB. Ceilings are in feet above airport elevation. Distances are in nautical milos nnlpss otherwise indicated, except visibilities which are in statute miles. , . , , mU^ a n to tn m e n t approach procedure of the above type is conducted at the below named airport, it shan be in accordance with the following instrument approach procedure, unless ^ap p ro a ch conducted in accordance with a different procedure for such airport authorized by theAdministrator of the Federal Aviation Agency Initial approaches S b e m a d e o v e r 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, To— altitude Condition more than From— distance (feet) 65 knots More than or less 65 knots 65 knots T-dn_-...... 300-1 300-1 . 300-1 C-dn*...... 600-1 600-1 600-lJá A-dn*______1200-2 1200-2 1200-2 Procedure turn N side NW crs, 283° Outbnd, 103° Inbnd, 3000' within 10 miles. Minim um altitude over facility on final approach crs, 2140'. If v i t S a l œ S ^ n ^ t e b h s h ^ 'ï p o r d ^ à n t t o aùthorized landing minimums or if landing not accomplished within 0 mile of FWL L FR, turn left, climbing to 4000' on NW crs (283°) within 20 miles. OAUTioN^lf MMMU^ering^E^iTa^o^not'a^ithortzed due to hill 2338', 1.7 miles SE of airport. (2) Mountain range NE through SE of airport. (3) After takeoff proceed W te^conteoUone^ot^ff^eeUvl^f McQ rath^lti^te^seTtlngt ceiling minimums for circling approach becomes 800'. Alternate minimums not authorized. MSA within 25 miles of facility: NE 7000'; SE 8000'; SW 8000'; N W 2500'. City Farewell; State, Alaska; Airport name, Farewell; Elev., 1535'; Fac. Class., BMRLZ; Ident.. FWL; Procedure No. LFR Runway 8, Arndt. 8; Eff. date, 13 Jan. 68; Sup. \ Amdt. No. LFR 1, Amdt. 7; Dated, 2 Oct. 65 2. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrument Approach Procedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical mU Transition Ceiling and visibility minimums 2-engine or less More than Course and .2-engine, From— To— altitude Condition more than distance (feet) 65 knots ’More than 65 knots or less 65 knots PROCEDURE CANCELED, EFFECTIVE 13 JAN. 1968. ' Danton Island; Phoenix Islands; Airport name, Canton Island; Elev., 9'; Fac. Class., HHW; Ident., CIS; Procedure No. 1, Amdt. 7;: Eff. date, 8 Nov. 58; Sup. Amdt. No. 6; Dated, 6 Apr. 57 . 200-)^ DA LOM ______-...... — Direct______1700 T -d n .______300-1 300-1 DA LOM ______Direct______1700 C-dn______600-1 600-1 DA LÖM ______Direct - ______1700 S-dn-32...... 600-1 600-1 DA LÒM ...... -...... D irect.. ______1800 A-dn______NA NA Procedure turn not authorized. Davison LOM (DA) holding fix 321° Inbnd, 141° Outbnd, l-minuteleft turns, 1600'. M inim um altitude over facility on final approach crs, 1600'. Crs and distance, facility to airport, 321°—4.3 miles. If visual contact not establishe'dupon descent to authorized landing minimums or if landing not accomplished withm 4.3 miles after passing DA LOM, climb , P irect to Springfield RBn. Hold NW, 151° Inbnd, 1-minute right turns. N ote: Authorized for military use only, except by prior ¡pavement. „ „ ,.no olnn/ - MSA within 25 miles of facility: 000°-090°—2100'; 090°-180°—1600'; 180 -270°—1700', 270 360 2100'. -Vff a ** 13 !ity, Fort Belvoir; State, Va.; Airport name, Davison AAF; Elev., 69'; Fac. Class., LOM; Ident., DA; Procedure No. NDB(ADF) Runway 32, Amdt. Ong.; Eff. a e, 9 Jan* 68 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20707 ADP Standard I nstrument Approach P rocedure— Continued Transition Ceiling and visibility minimums 2-engine or less Minimum More than From— To— Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots Greenville NDB...... 2300 T -d n 300-1 300-1 NA Greenville N DB...... 2300 C -d n 500-1 500-1 NA S-dn-18...... 500-1 600-1 NA NA NA NA Procedure turn W side of crs, 344° Outbnd, 164° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 1040'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing Greenville NDB make right turn climbing to 2300' on 344° bearing from Greenville NDB within 10 miles, make right turn and return to Greenville N DB. ’ Note: Use Vandalia, 111., altimeter setting. MSA within 25 miles of facility: 000°-360°—2000'. City, Greenville; State, 111.; Airport name, Greenville; Elev., 540'; Fac. Class., MHW; Ident., GRE; Procedure No. NDB(ADF) RunwaTl8, Arndt. Orig.; Eff. date, 13 Jan. 68 MOL VO R...... HSP RBn...... 6000 T-dn % 300-1 300-1 200-)3 Natural Well In t____ 1...... HSP RBn______. . . . . 6000 C-dn* 800-2 800-2 800-2 BOA VOR___ HSP RBn______6000 800-1 800-1)3 800-1)3 Via MOL R 293°. 6000 NA NA NA Goshen Int______.i. HSP RBn (final)...... 4601 Procedure turn N side of crs, 060° Outbnd, 240° Inbnd, 5300' within 10 miles. Minimum altitude over facility on final approach crs, 4601'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of HSP RBn, make immediate right-climbing turn to 6000'to Natural Well Int via MOL VOR R 279°. Hold N, 1-minute left turns, 183° Inbnd. 6 ^ Note: Use Roanoke altimeter. Caution: Terrain 4289', 1.6 miles SSW airport boundary. •All circling approaches are prohibited in the area S of Runway 6 and SW of Runway 32. %Runway 24—Climb on heading 279° to 5000' before proceeding on crs. MSA within 25 miles of facility: 030°-120°—5500'; 120°-210°—5300'; 210°-300°—5600'; 300°-030°—5900'. City, Hot Springs; State, Va.; Airport name, Ingalls Field; Elev., 380T; Fac. Class., MHW; Ident., HSP; Procedure No. NDB(ADF) Runway 24 Arndt. 2- Eff date 13 Jan 68- Sup. Arndt. No. 1; Dated, 2 Dec. 67 HSV VOR_____ V. CWH RBn...... 2600 300-1 Owens Int.. ” SUPSHggSHHSiis 300-1 200-)3 . CWH RBn______• 3000 C -dn 600-1 600-1 600-1)3 Bluff Int.. - CWH RB n______2600 600-1 600-1 600-1 DCU VOR...... CWH RBn...... 2600 800-2 800-2 800-2 Tanner Eat . i CWH RBn...... Bethel Int ___ 2600 OM minimums: CWH RBn...... 2600 C -d n 500-1 500-1 500- 1)3 S-dn-18R#...... 500-1 500-1 500-1 Procedure turn W side of crs, 359° Outbnd, 179° Inbnd, 2600' within 10 miles of Capshaw RBn. Minimum altitude over Capshaw RBn on final approach crs, 2600'. Crs and distance, Capshaw RBn to airport, 179°—7.3 miles; OM to airport, 179°—4.3 miles; MM to airport, 179°—0.6 mile. Hn^ ual established upon descent to authorized landing minimums or if landing not accomplished within 7.3 miles after passing CWH RBn. climb to 2600' on *"> 179° fremCWH RBn within i5 miles or, when directed by ATC, turn right, climb to 2600', return to CWÉ RBn, enter holding pattern. ’ •Reduction not authorized. • * # Reduction below % mile not authorized. MSA within 25 miles of facility: 000°-090°—3100'; 090°-180°—3100'; 180°-270°—2000'; 270°-360°—2000'. City, Huntsville; ètate, Ala.; Airport name, Huntsville-Madison County; Elev., 628'; Fac. Class., MHW; Ident, CWH; Procedure No. NDB (ADF) Runwav 18R Arndt 1- Eff. date, 13 Jan. 68; Sup. Arndt. No. Orig.; Dated, 11 Nov. 67 Oakwood Int. RAC NDB MK L0M.__: Direct 2100 T-dn%...... : 300-1 300-1 200-M RAC NDB Direct 2100 C-dn...... 600-1 600-1 Pike Int__ RAC NDB 600-1)3 Racine Int... Direct 2100 S-dn-22...... 600-1 600-1 600-1 RAC NDB Direct 2100 A-dn...... NA NA NA Minimums with dual ADF receivers or radar: S-dn-22...... I 500-1 I 500-1 I 500-1 Radar available. Procedure turn N side of crs, 026° Outbnd, 206° Inbnd, 2100' within 10 miles Minimum altitude over Marion Int on final approach crs, 1269'. Facility on airport. 026° hp^int1 estabhshed upon descent to authorized landing minimums or if landing not accomplished within 0 mile of NDB, make left-climbing turn to 2100' on waring irom JNDB within 10 miles, return to NDB. . wote: Use Milwaukee, Wis., altimeter setting. MSA-^aln ^^ites^CfaSSy^^°^70°—m ?^^)°^œ °d 28o$imb to °n runway heading before proceeding on crs. Restriction due 1079' tower, 2.6 miles S of airport. %, Racine; State, Wis.; Airport name, Horlick-Racine; Elev., 669'; Fac. Class. MH; Ident., RAC; Procedure No. NDB (ADF) Runway 22, Arndt. 4- Eft date 13 Jan 68- Sup. Arndt. No. ADF No. 2, Arndt. 3; Dated, 23 Apr. 66 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER ~~22, 1967 20708 RULES AND REGULATIONS 3. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR S tandard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise Indicated, except visibilities-which are in statute miles. • , , ' . . r.. .. , . . . . If an Instrument approach procedure of the above type Is conducted at the below named airport, it shall be In accordance with the following Instrument approach procedure, unless an approach Is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Transition Ceiling and visibility minimums 2-engku or less More than Course and Minimum 2-engine, From— To— altitude Condition more than *■ distance (feet) 65 knots More than or less 65 knots 65 knots 7-mile DME Fix, R 192°______... 4-mile DME Fix. R 192° (final)_____ Direct...... 1307 T-dn...... 300-1 300-1 200-!n R 288°, AHN VORTAC counterclockwise.. R 192°, AHN VORTAC...... 7-mile Arc AHN, „■ 2300 C-dn...... 500-1 500-1 500-1)5 R 206°, lead S-dn-2*...... 500-1 500-1 500-1 radial. A-dn______800-2 800-2 800-2 R 105°, AHN VORTAC clockwise...... R 192°, AHN VORTAC...... 7-mile Arc AHN, 2300 When 4-mile DA[E Fix recei ved, mininuuns become: R 178°, lead S-dn-2...... 400-1 400-1 400-1 radial. Procedure turn E side of crs, 192° Outbnd, 012° Inbnd, 2300' within 10 miles. M inim um altitude over 4-mile DME Eix on final approach crs, 1307'. Ifvfcuai contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of AHN VOR, climb to 2300' on R 061° within 15 miles. C a u tio n : Tower 1038', 4 miles W of facility. »Reductionbelow mile not authorized. „ ______. n.nin MSA within 25 miles of facility: 000°--090°—2400'; 090°-180 —2400 ; 180 -270 3100 ; 270 360 -2600'. City Athens; State, Ga.; Airport name, Athens Municipal; Elev.,807'; Fac. Class., BVORTAC; Ident., AHN; Procedure No. VOR Runway 2, Arndt. 3; Efl. date, 13 Jan. < ■ ’ Sup. Arndt. No. TerVOR-2, Arndt. 2; Dated, 15 Aug. 64 7-mile DME Fix, R 076°----—------1307 T-dn______300-1 300-1 200-H R 031°, AHN VORTAC clockwise. R 076° ATTN VORTAC 2300 C-dn______600-1 500-1 500-1)2 R 062°, lead S-dn-27*...... 500-1 500-1 500-1 A-dn______800-2 800-2 800-2 When 4-mile DA E Fix received minimums become: S-dn-27______400-1 400-1 400-1 Procedure turn N side of crs, 076° Outbnd, 256° Inbnd, 2300' within 10 miles. Minimum altitude over 4-mile DME Fix on final approach crs, 1307'. IfvSual corhaS°not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of AHN VOR, climb to 2300' on R 192° within 15 miles. ' C a u tio n : Tower 1038', 4 miles W of facility. M S^^ithtoVjlnileS —2400-; OSKMSr-MOO'; W-VT-*!«/-, 2 7 W - 2 0 W . City, A.h™; «*. <*, Airport „„no, AO». MonMp«.; SS““* ^ V°E ^ * * ■ “ * ? ' PROCEDURE CANCELED, EFFECTIVE 13 JAN. 1968. Citv Fort Benning; State, Ga.; Airport name, Lawson AAF; Elev., 232'; Fac. Class., VOR; Ident., LSF; Procedure No. TerVOR-2, Arndt. 4; Eff. date, 14 Aug. 65; Sup. Arndt No. 3; Dated, 13 Mar. 66 PROCEDURE CANCELED, EFFECTIVE 13 JAN. 1968. City Fort Benning; State, Ga.; Airport name, Lawson AAF; Elev., 232'; Fac. Class., VOR; Ident., LSF; Procedure No. TerVOR-14, Arndt. 4; Eff. date, 16 July 66; Sup. ^ ¿ 1;, No. 3; Dated, 14 Aug. 66 PROCEDURE CANCELED, EFFECTIVE 13 JAN. 1968. City, Fort Benning; State, Ga.; Airport name, Lawson AAF; Elev., 232'; Fac. Class., VOR; Ident., LSF; Procedure No. TerVOR-20, Arndt. 3; Eff. date, 14 Aug. 65; Sup. Amdt. No. 2; Dated, 8 Jieb. 64 PROCEDURE CANCELED, EFFECTIVE 13 JAN. 1968. City, Fort Benning; State, Ga.; Airportname, Lawson AAF; Elev., 232'; Fac. Class., T-VOR; Ident, LSF; Procedure No- VOR Runway 32, Amdt. Prig.; Eff. date, 13 May 67 Direct 17 miles___ 1600 T-dn...... 300-1 300-1 200-M HOU VORTAC. C-dn...... 500-1 600-1 600-1)4 NA NA NA HOU VORTAC. 17-miles DM E Fix, R 075°...... Direct 17 miles__ 1600 A-dn...... Procedure turn N side of crs, 075° Outbnd, 255° Inbnd, 1600' within 10 miles. Minimum altitude over Hyde Int or 17-mile DM E Fix on final approach crs, 100(r. g dSÄor « landing not «complbbad opon ryuMng n.l-mlle DME Fir otHOD VORTAC « within A9 miles after passing Hyde Int, turn right, intercept HOU VORTAC R 066° and proceed to Fry Int, climbing to 1600 . N otes: (1) Dual VOR equipment or DME required. (2) Use Houston, Tex., altimeter settmg. Caution: Monument 610', 5 miles N of airport-. Stack 230', 2.8 miles NE of airport. , MSA within 25 miles of facility: 000°-090°—1600'; 090-180°—2300'; 180° 270 2600'; 270 -360 1800 . City, La Porte; State, Tex.; Airport name, La Porte Municipal; Elev., 29'; Fac. Class., H-BVORTAÇ; Ident., HOU; Procedure No. VOR-1, Amdt. 1; Eff. date, 13 Jan. , J * Sup. Amdt. No. Ong.; Dated, 8 Apr. 67 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20709 VOR Standard I n str u m en t A ppro a c h P rocedure— Continued Transition Ceiling and visibility minimums 2-engine or less Minimum More than From— T o - Course and distance altitude Condition 2-engine, (feet) 65 knots More than more than or less 65 knots 65 knots SWL VORTAC...... 2000 T -dnl...... 300-1 300-1 SB Y VORTAC...... 1800 C-dn______600-1 600-1 SWL VORTAC...... 1800 A-dn...... NA NA NA Shuttle., Shoreline Int holding fix, 0.55 Inbnd, 235° Outbnd, 1800'. Minim um altitude over Shoreline Int on final approach crs, 1800'. Crs and distance, Shoreline Int to airport, 055°—6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6 miles of shoreline Int, make right-climbing tur DO' and return to Shoreline Int. Hold SW on SWL# R 055°, 055° Inbnd, 1-minute right turns. nto N otes: (1) 100' antennas 1 mile N of airport. (2) Use Salisbury FSS altimeter setting. (3) Runway lights on dusk-dawn summer season, on request during winter MSA within 25 miles of facility: 000°-360°—1700'. City, Ocean City; State, Md.; Airport name, Ocean City; Elev., 12'; Fac. Class., L-BVORTAC; Ident., SWL; Procedure No. VOR-1, Arndt. Orig.; Efl. date, 13 Jan. 68 White Bear Int...... r:____ ...... ______STP VOR______2500 T-dn*... 300-1 300-1 300-1 FGT VOR...... STP VOR...... 2500 C-dn__ 900-1)4 900-1)4 900-1)4 S-dn-30. 900-1 900-1 900-1 A-dn__ 900-2 900-2 1 900-2 Minimums with dual VOR receivers or radar: STdn-30...... I 700-1 I 700-1 ! 700-1 Radar available. Procedure turn E side of crs, 107° Outbnd, 287° Inbnd, 2600'within 10 miles. Minimum altitude over facility on final approach crs, 2100'; over Lakeland Int., 1603'. Crs and distance facility to airport 289°—4.6 miles. Final approach crs, 287°, distance FAF to MAP, 4.6 miles. E If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passing STP VOR. make right-climbing turn to 2500 and return to the STP VOR. Supplementary charting information: Final approach crs intercepts Runway CL 3000'from threshold. . ..JNotes: (1) Final approach from holding pattern at STP VOR not authorized, procedure turn required. (2) Use Minneapolis altimeter setting when control zone not effective Alternate mmimums not authorized when control zone not effective. Caution: 1262' antenna on top of building 1 mile NW of airport. Runways 16/34 unlighted. Takeoff minimums of 600-1 required for all departures on Runways 26,30, and 34. Departure on Runway 8 make right-climbing turn to STP VOR before proceeding on ers>d i r e c t to STP VOR before proceeding on crs; and Runway 16, make left-climbing turn to STP VOR before proceeding on crs. MSA withm 25 miles of facilty: 000°-360°—2600'. 7 ™ City, St. Paul; State, Minn.; Airport name, St. Paul-Downtown (Holman Field); Elev., 703'; Fac. Class., T-VOR; Ident., STP; Procedure No. VOR Runway 30 Arndt 3: Eff. date, 13 Jan. 68; Sup. Arndt. No. VOR 1, Arndt. 2; Dated, 29 Apr. 65 T-dn% . 700-1 700-1 700-1 C-d...... 1100-1)4 1100-2 1100-2 C-n% ... 1200-2 1200-2 1200-2 S-d-5/9# 900-1)4 900-1)4 900-2 S-n-5#.. 1000-1)4 1000-1)4 1000-2 A -d n ... NA NA NA Procedure turn N side of crs, 251° Outbnd, 071° Inbnd, 4000' within 11 miles, i acuity on airport. w m m S S : C t a m <») y.Nlghtop.ratteHu»- pwtingon airways*JDepart SLK: V 0R IFR at 2400' climbing on R 071° to 3000' within 5 miles, then left turn, climb in holding pattern. Shuttle to 4500' or above prior to de- MSA within 25 miles Of facility: 000°-090°—5900'; 090°-480°—6400'; 180°-270°—5700'; 270°-360°—4400'. - City, SaranacLake; State, N.Y:; Airport name, Adirondack; Elev., 1669'; Fac. Class,, L-BVOR; Ident., SLK; Procedure No. VOR Runways 5/9, Arndt. 4; Eff date 13 Jan 68; Sup. Arndt. No. VO R 1, Arndt. 3; Dated, 30 July 66 4. By amending the following instrument landing system procedures prescribed in §97.17 to read: ILS S tandard I n s t r u m e n t Appr o a c h P rocedure *" “ “ M8L- c m v “ “ aboTO “ »rt el»ra,to"' »" <■> Pr°cedure °f the a^ f e type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure f fib e made ovw aCMm?ni? wiiL a Procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches v®r specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Transition Ceiling and visibility minimums 2-engine or less Minimum More than From— C ourse and 2-engine, To- distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots Marsh Int. Groves Int (final) Direct__ 1000 T -dn__ BPTVOR Groves Int_____ 300-1 300-1 200-^ ILS LOM.. D irect.., 1500 C -d n ... 400-1 500-1 500-1H Groves Int_____ Direct__ 1500 S-dn-29* 400-1 400-1 400-1 A-dn__ 800-2 800-2 800-2 -d of SR U4 Outbnd, 294° Inbnd, lSOO7 within 10 miles of Groves Int. CrslnuiiS?6, altitude over Groves Int on final approach crs, 1000'. If v k n o i‘Staaœ, Groves int to Runway 29, 294°—4.9 miles. NW crs S P T n o ¡5?* established upon descent to authorized: landing minimums or if landing not accomplished within 4.9 miles after passing Groves Int, climb to 1500' on *400-3/ authnr^flîi wim mües2r ’ when directed by ATC turnrn leftlntf endand climbnlmiK fAto 1600'IIUW Anon TDR 247,Oiff DDmBPT UVOR A u _withinaa ______20 miles.° ’ /4 aumorized with operative HIRL, except for 4-engine turbojets. Beaumont; State, Tex.; Airport name, Jefferson County; Elev , 16'; Fac. Class ILS; Ident., I-BPT; Procedure No. LOC(BC) Runway 29, Arndt. 7; Efl. date, 3 Jan. 68:68; Suo.Sup. Arndt. No. ILS-29(BC),TLS-29fHf!l Arndt. Amrlt 6; «• Dated,■not/,#! 29 io Aug. in n 64 t i J ' ° FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20710 RULES AND REGULATIONS ILS Standard I n str u m en t A ppro a c h P rocedure— Continued Transition Ceiling and visibility minimums 2-engine or less M in im u m More than From— Course and 2-engine, T o - distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots T-dn%...... 300-1 300-1 f200-J2 C-dn#__...... 600-1 600-1 600-1Ï4 S-dn-22L**...... 500-1 500-1 500-1 A-dn...... 800-2 800-2 800-2 Badar required.. Procedure turn not authorized. Radar vectors to final approach crs at 5-mile Radar Fix required. Minimum altitude over 5-mile Radar Fix, 215° Inbnd on final approach crs, 1500'. Crs and distance, 5-mile Radar Fix to airport, 215°—5 miles. If visual contact not established upon descent to authorized landing minimums or If landing not accomplished within 5 miles after passing Radar Fix. climb to 2000' direct BO LOM. Hold SW of BO LOM, 1-minute right turns, 035° Inbnd. C a u tio n : 370' stack, 1 mile SW; 505' building, 1.7 miles W; 845' building and antenna, 3.1 miles W; 1349' antennas, 10.6 miles W of airport. %Departures from Runway 27, make left turn to heading 260° as soon as practicable after takeoff. pRVR 2400' authorized for Runways 4R and 33. #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 800'. "■’Reduction not authorized. / - City, Boston; State, Mass.; Airport name, Gen. Edward Lawrence Logan International; Elev., 19'; Fac. Class,, ILS; Ident., I-BOS; Procedure No. LOC (BC) Runway22L. Arndt. Orig.; Eff. date, 13 Jan. 68 Reno Int...... __...... DA LOM. . 1700 T-dn 300-1 300-1 N ottingham VO RTAC...... DA LOM...... 1700 C-dn.... 600-1 600-1 600-1^ Ironsides Int...... _. _ DA LOM...... 1700 S-dn-32 300-1 300-1 Herndon V O RTAC-...... ____ DA LOM...... 1800 A-dn NA NANA With glide slope inoperative: V-pTÇ&f4 . / S-dn-32...... 400-1 400-1 400-1 Radar available. Procedure turn not authorized. Davison LOM (DA) holding fix, 321° Inbnd, 141° Outbnd, 1-ininute left turns, 1600'. Crs and distance, facilities to airport, 321°—4.3 miles. Minimum altitude at glide slope interception Inbnd, 1600'. Altitude of glide slope and distance to approach end of runway at OM, 1512'—4.3 miles; at MM, 308'—0.6 mile. ' . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.3 miles after passing DA LOM, climb to 2000', pro ceed direct to Springfield RBn. Hold NW, 151° Inbnd, 1-minute right turns. N ote: Authorized for military use only, except by prior arrangement. MSA within 25 miles of LOM: 000°-090°—2100'; 090°-180°—1600'; 180°-270°—1700'; 270°-360°—2100'. City, Fort Belvoir; State, Va.; Airport name, Davison AAF; Elev., 69'; Fac. Class., ELS; Ident., I-DAA; Procedure No. ILS Runway 32, Arndt. Orig.; Eff. Date, 13 Jan. 68 HSV VOR...... CWH RBn...... 2600 T-dn____ 300-1 300-1 20O-M Owens In t...... CWH RBn______Direct______3000 C-dn...... 500-1 500-1 500-1)2 Bluff I n t ...... „...... CWH RBn...... 2600 S-dn-18R*. 200-J2 200-M 200-J2 DCU VOR...... CWH RBn______2600 A-dn...... 600-2 600-2 600-2 Tanner Int...... CWH RBn...... 2600 CWH RBn...... 2600 Procedure turn W side of N crs, 359° Outbnd, 179° Inbnd, 2600' within 10 miles of Capshaw RBn. Minimum altitude over Capshaw RBn on final approach crs, 2600'. Crs and distance, Capshaw RBn to airport, 179°—7.3 miles. Minimum altitude at glide slope interception Inbnd, 2600'. Altitude of glide slope and distance to approach end of runway at OM, 1935'—4.3 miles; at MM, 847'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.3 miles after passing CWH NDB, climb to 2600', proceed out S crs HSV ILS to Bluff Int, hold S, 1-minute left turns, 179° Outbnd, 359° Inbnd, or, when directed by ATC, turn right, climb to 2600', proceed direct to DCU VOR, enter holding pattern. *500-^4 required when glide slope not utilized. Reduction not authorized. MSA within 25 miles of CWH RBn: 000°-090°—3100'; 090°-180°—3100'; 180°-270°—2000'; 270°-360°—2000'. City, Huntsville; State, Ala.; Airport name, Huntsvilie-Madison County; Elev., 628'; Fac. Class., ILS; Ident., I-JISV; Procedure No. ILS Runway, 18R, Arndt. 1; Eff.date, 13 Jan. 68; Sup. Arndt. No. Orig.; Dated, 11 Nov. 67 HSV VOR...... CWH RRn 2900 T-dn 300-1 300-1 20042 CWH RBn...... 2900 500-1 500-1 - 500-1)2 HSV VOR...... 2900 S-dn-36L___ 400-1 400-1 400-1 LOO BO 075° 7.3 2900 800-2 800-2 800-2 1 ,0 0 BO Via MSL R 119°, 2900 4.3. Procedure turn W side of crs, 179° Outbnd, 359° Inbnd, 2900' within 10 miles of Bluff Int. Minimum altitude over Bluff Int on final approach crs, 2600'. Crs and distance, Blufl Int to airport, 359°—5.4 miles. ' If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.4 miles after passing Bluff Int, climb to 2900', proceed out N crs HSV ILS to Capshaw RBn, hold N, 1-minute right turns, 359° Outbnd, 179° Inbnd, or, when directed by ATC, turn left, climb to 2900', proceed direct to DCU VOR, enter holding pattern. City, Huntsville; State, Ala.; Airport name, Huntsvilie-Madison County; Elev., 628'; Fac. Class., ILS; Ident., I-HSV; Procedure No. LOC (BC) Runway 36L Arndt. l;Eff. date, 13 Jan. 68; Sup. Arndt. No. Orig.; Dated, 11 Nov. 67 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20711 5. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. . , . • If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab lished with the radar controller. From initial contact with radar to final authorized landing mlnimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue ¡vJ approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact Is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished. Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— T o - altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots . 1 Within: Precision approach 360°______: ______17-20 miles_____ 3000 T-dn#...... 300-1 300-1 200-)$ 360°______-______7-17 miles_____ 2200 C-dn______600-1 600-1 600-1% 360°______0-7 miles...... - 2000 S-d-2-14#...... 300-% 300-% 300-% S-n-2-14#_____ 400-1 400-1 400-1 Í . ; f ' : S-d-20...... 400-% 400-% 400-% S-n^20______400-1% 400-1% 400-1% S-dn-32**...... „ 200-% 200-% 200-% A-dn...... 600-2 600-2 600-2 Surveillance approach S-dn-2-14-20*%. 660-1 600-1 I 600-1 A-dn...... 800-2 800-2 800-2 All bearings and distances are from Radar antenna site with sector azimuths progressing clockwise, Radar control must provide 3. miles or 1000' vertical separation from Mowing tower: 2249', 10.8 miles E. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished: Runway 2—Turn left, climb to 2000' on 202° crs from AWS RBn within 15 miles. Runway 20—Climb to 2000' on 202° crs from AWS RBn within 15 miles. Runway 14—Immediate right turn, climb to 2000' on 202° crs from AWS RBn within 15 miles. Runway 32—Turn left climb to 2000' on 202° crs from AWS RBn within 15 miles. N ote: Authorized for military use only except by prior arrangement. Caution: Jump towers 580', 1% miles NE, R-3002 E and SE of Lawson AAF. "Reduction not authorized. *’RVR 2400' authorized. Descent below 432' not authorized unless approach lights are visible. #RVR Runway 14, 4000' day, 5000' night authorized. Absolute ceiling 300' day, 400' night. ##RVR 5000' Runways 14/32 2-engine or less. RVR 2400' more than 2-engine authorized. %RVR 5000' authorized Runway 14. Absolute ceiling 600'. . City, Fort Benning; State, Ga.; Airport name, Lawson AAF; Elev., 232'; Fac. Class, and Ident., Lawson AAF Radar; Procedure No. Radar-1, Amdt. 4; Eff. date, 13 Jan. 68; Sup. Amdt. No. 1, Amdt. 3; Dated, 15 Apr. 67 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 December 6, 1967. Edward C. Hodson, Acting Director, Flight Standards Service. [F.R. Doc. 67-14562; Filed, Dec. 21,1967; 8:45 a.m.] Chapter II— Civil Aeronautics Board posal, alleging that it was excessively enues for commercial backhaul charters burdensome and inadequate for rate be added to the respective schedules. SUBCHAPTER A— ECONOMIC REGULATIONS making purposes and should be with However, despite the simplification of [Reg. No. ER-522] drawn. MAC also indicated, in amended the reporting requirements, the revised comments, that Part 243 would not pro proposal met with opposition from the PART 243— REPORT OF CHARTER vide sufficient data on which to base its SERVICES PERFORMED FOR THE industry. Nine carriers participating in recommendations in a ratemaking pro joint .comments filed by the Air Trans MILITARY AIRLIFT COMMAND ceeding. port Association objected in general to Adopted by the Civil Aeronautics In EDR-92B, dated March 29, 1967, any formal reporting requirement, and Board at its office in Washington, D.C., and published at 32 F.R. 5562, the Board in particular to the allocation of ex on the 27th day of November 1967. issued a revised proposal which would penses and invested capital to MAC op In EDR-92, dated September 8, 1965, require only the minimum amount of erations. These carriers proposed to fur and published at 30 F.R. 11729, the Board data necessary for analysis of current nish MAC statistics and revenues to the gave notice that it proposed to promul results of services under fiscal-year con Board on an informal memorandum gate new Part 243 of the Economic Regu tracts with MAC. The proposed rule basis, and suggested that the Board de lations and related CAB Form 243 to would be applicable only to MAC- con velop operating ratios from these reports provide for the separate reporting of tractors rather than all certificated air and Form 41 reports to determine the charter services performed under con carriers. trends in costs and rates of return. Indi tracts with the Military Airlift Command The Department of Defense condition vidual carriers objected to “distortion” of (MAC), and a summary of revenues and ally supported adoption of Part 243, pro data resulting from quarterly rather than traffic derived from other specified De vided commercial backhauls to one-way annual allocations of Form 41 results to partment of Defense sources. The pro charters ware reported and Form 2431 MAC operations, although one carrier posed regulation was designed to keep proposed that invested capital be re the Board currently informed of trends reports were not to be considered a sub ported on a quarterly rather than a to costs and rates of return for MAC stitute for special data requests for pe semiannual basis to avoid distortion in charter operations and to serve as the riodic rate review. MAC urged that the investment base. All the carriers and oasis for a review of minimum rates for mileages, utilization, expenses, and rev- MAC requested that the Board prescribe . "c charters when such a review was a uniform basis for reporting charter indicated. Most of the scheduled air ear iPorm 243 filed as part of the original miles flown. The carriers further sug ners were strongly opposed to the pro document. gested that MAC pay miles be separately FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20712 RULES AND REGULATIONS reported to end the confusion over miles to MAC services. In our view, the most of items allocated. The reserve for de used for costing and miles used for pay important consideration is that the car preciation of flight equipment must be ment. Numerous modifications as to re riers make a beginning toward system reported on the same basis as in Form 41, porting expense and investment items * atic separation of financial and statis but if the depreciation reserve used for were also proposed. tical data for MAC services as part of periodic MAC rate reviews is different it Several carriers requested informal their routine accounting procedures. All may be reported in footnote. conferences with the staff to explore data shall' be reported consistent with Expenses and revenues (schedule D-2). other methods of reporting MAC data Part 241 and Form 41, but where the ac Aircraft operating expenses and pas and to resolve the carriers’ objections counting is different from the basis used senger service expense, for purposes of to various items before any final action by the Board to establish MAC uniform this regulation defined as “direct” ex was taken by the Board. A public meet minimum rates, the data may also be penses, will be allocated in the same de ing was held June 23, 1967, followed by shown on the latter basis in footnote. tail now reported on Form 41. Aircraft meetings of technical working groups to The many changes made in the proposed servicing, traffic servicing, general and consider the treatment of specific items rule in response to carrier suggestions are administrative expense, and maintenance of expense, investment, and statistics. briefly discussed under the applicable and depreciation of ground property, The carriers’ attention was primarily parts of Form 243.2 here defined as “indirect” operating ex focused on the requirement that all ex Certification. The certification form penses, may be combined and allocated pense and invested capital items be allo has been modified to call attention to the in the ratio of such combined indirect cated to MAC operations. The carriers fact that data reported on CAB Form expenses to direct operating expenses as contended that “direct” operating ex 243 reflect allocations in accordance with submitted by the carrier in the last MAC penses (aircraft operating expense and procedures filed with the Board. This rate review. Adjustments must be made passenger service expense) constituted language is intended as a caveat to the for any projected increase in volume of about 75 to 80 percent of total operating user that the amounts reported are not operations, or material changes in serv expenses and that “indirect” operating actual balances, as in the carrier’s ac*- ice (such as introduction of new aircraft expenses tended to vary directly with counts, but are the results of informed types, shift from passenger to cargo the direct expenses. The flight equipment judgments. service or vice versa, or shift in geo investment, in' like manner, was said to Category X results. Category X plane graphical area). A statement must be represent the major capital item, with load charter services are hot required to filed des^ibing the method of treating ground equipment varying in ra direct be reported on Form 243. Since the expenses with subsequent revisions to de ratio. The carriers therefore proposed U.S.-flag carriers operate a substantial scribe the effect of material changes on that direct operating expenses and flight number of such inbound charters, how the established ratio. Since each carrier equipment investment be allocated in the ever, and the data affect the unit costs of must use its own indirect-direct expense same detail now reported on Form 41, MAC charter services, these carriers sug ratio, carriers without previous or appro and that the indirect operating expenses gested that the schedules be modified to priate MAC experience will have to work and ground equipment investment be include Category X data. The rule, ac out and file a statement of allocation computed by each carrier from the ratio cordingly, provides that Category X procedures for initial reports. Aircraft derived from allocated data submitted planeload charter data may be included depreciation will be reported on a sepa in the last MAC ratemaking proceeding. with Category B charter results with ap rate line to permit comparison where a An analysis was submitted of each car propriate identification in footnote. If different depreciation basis for periodic rier’s cost data submitted in the fiscal statistics and revenues for Category X MAC rate reviews is shown in footnote. 1968 rate review, using the results of two charters are reported, however, the re Operating statistics and utilization subsequent quarters for the four largest- lated expenses must also be included. No (,schedule D -3). All aircraft miles flown volume carriers as a check, in support of data shall be reported for so-called for Category B (and Category X) char the argument that computing, instead of “quasi-Category X ” traffic carried on ters will be reported as airport-to-airport allocating, the indirect expenses would inbound scheduled flights. -great-circle distances, as defined in Part not affect the reliability of the cost data. Invested capital (schedule D -l). As 241. “MAC pay miles” for Category B After full consideration of all com originally proposed, flight equipment will (and Category X) charters will be re ments offered by the industry and MAC, be allocated by aircraft type' to MAC ported on a separate line. Logair and we have decided to adopt Part 243 and services consistent with Form 41 clas Quicktrans revenue miles will be re CAB Form 243 as a formal reporting re sifications. Ground property and equip ported as course-flown miles specified in quirement. The large amount of public ment and preoperating costs, however, the contract. The noncommercial back monies involved, the significant percent may be allocated on the basis of the haul miles to Category B one-way char age of total carrier operations these serv historical ratio of those items to flight ters will be identified as “cargo” or ices represent, and the Board’s role in equipment. Working capital must bear “passenger and mixed,” in order to segre fixing minimum rates all militate against some demonstrable Telationship to sums gate the backhaul miles in aircraft types voluntary, confidential reports. We be actually available in the accounts; an that are suitable for both passengers and lieve the carriers’ fears that Form 243 arbitrary or fictitious sum, such as 1 cargo. Cargo and passenger miles will not reports may be misinterpreted so as to month’s operating expenses, it not ac be separately reported for “paid ferry appear inconsistent with Form 41 reports ceptable. Although an account-by-ac miles”, as that term is defined in § 288.9, or special data submitted for periodic count allocation of assets and liabilities because cargo is not an important factor MAC rate reviews are greatly exagger is not required, the carrier must state in this operation. In reporting aircraft ated. Several modifications have been the bases applied to each item or group utilization, the carriers may use system made in the rule to guard against this utilization for aircraft types used in MAC possibility, however. In order to avoid 2 MAC’S suggestion that expense, revenue, services. duplication of military charter reports and statistics for comfhercial backhauls to Filing dates and effective date. In or under Form 41, supplemental reports of one-way charters be included in the rule has der to avoid conflict with filing dates of not been adopted. MAC rates are based on Form 41 reports from which Form 243 nonscheduled services presently required round-trip operations; the Board adjusts the of route carriers by section 21 (k) of Part rate to reflect lower costs of operating empty reports are derived, statistics (schedule 241 will be waived upon a showing that backhauls and to eliminate costs attributable D-3) will be due (postmarked) 40 days such nonscheduled services consist to backhaul flights that produced revenues. after the close of the accounting period, mostly of military charters reflected in Miles for one-way charters and noncommer while revenues and expenses (schedule the Form 243 reports. cial backhauls are separately reported. These D-2) and invested capital (schedule D-l) The regulation adopted herein is a statistics will provide suflicient information will be due 60 days after the close of the compromise between the refined data re to alert the Board to any significant trend in period, including the period ended De proportion of commercial backhauls to empty cember 31. Although Form 243 data are quirements originally proposed by the backhauls. The pertinent data for these ad Board and accounting short cuts devised justments are obtained in tlie periodic rate derived from Form 41 reports, for which by the carriers to give close approxima review, and there is no reason to impose this the final calendar year reports are not tions of expense and investment related additional burden on the carriers. due until 90 days after the end of the FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20713 calendar year, schedules D -l and D-2 cargo in international and territorial the report can be filed, and be submitted are needed as soon as available in con operations. sufficiently in advance of the due date to junction with the Board’s consideration “Category X”—air transportation of permit proper time for consideration and of rates for the coming fiscal year. There planeload charters of passengers or cargo communication to the air carrier of the fore, these schedules for the last quarter inbound to continental United States at action taken. Except in cases of emer of each calendar year are to be submitted “Category B” round-trip passenger or gency, no request for extension will be within 60 days, which is 20 days after the cargo rates, at the option of MAC, in entertained which is not received in suffi due dates for preliminary Form 41 fixed proportion to individually waybilled cient time to enable the Board to pass reports. Amended schedules may be filed cargo outbound from continental United thereon before the prescribed due date. within; a reasonable period after final States in scheduled international and If a request is denied, the air carrier re Form 41 reports are filed if serious dis territorial services (“Category A”). mains subject to the filing requirements crepancies develop. Schedules D-2 and “Logair”—all-cargo domestic charters to the same extent as if no request for D -3 will be quarterly reports, but sched over routes principally between Air Force extension had beer made. ule D-l will be reported semiannually. installations. Although quarterly reports are a more § 243.4 Statement of allocation proce “Quicktrans” — all-cargo domestic dures. sensitive index of trends and changes, a charters over routes principally between semiannual report of invested capital is Navy installations. (a) Each air carrier shall submit with believed to be adequate and will relieve its initial report on CAB Form 243 a the carriers of some burden. § 243.2 Applicability and CAB Form 243 filing requirements. statement of the various allocation or Since MAC charter operations are other procedures by which the invest conducted under fiscal-year contracts, it (a) This part applies only to certifi ment in and operating results of MAC would be appropriate to require reports cated air carriers performing Category charter services are separated from those for complete fiscal year 1968, beginning B, Logair, or Quicktrans charter services of other services. A complete description July 1, 1967. However, the carriers are under fiscal-year contracts with the shall be given for the bases used for each presently engaged in preparing reports Military Airlift Command. Scheduled indicated balance sheet classification on of MAC operations m response to a spe carriers operating full planeload Cate Schedule D -l—Summary of Invested cial request for data covering fiscal year gory X charters may include the results Capital, and each profit and loss classifi 1967 and the first two quarters of fiscal of such operations with Category B cation on Schedule D-2—Summary of year 1968. Operating results for the 1967 charters: Provided, That all Category X Financial Results of Operations. calendar quarters ending in September data are included—i.e.. revenues, ex (b) With respect to Schedule D -l, the and December will therefore be avail penses, and traffic statistics; and Pro statement pertaining to “working capi able to the Board in approximately the vided further, That no data for “quasi- tal” shall describe the balance sheet same detail and at the same time as Category X’1 scheduled services are in elements included, as well as the method would have been required if Part 243 cluded. Each contractor air carrier shall of allocation; "ground equipment cost” were made effective July 1, 1967. The prepare and file, in triplicate, CAB Form may be derived from the ratio of ground Board’s needs will be met and the car 243 entitled “Report of Charter Services equipment to flight equipment cost as riers will be spared additional burden at Performed for the Military Airlift set forth in the carrier’s report of invest a peak accounting load period if Part 243 Command.” ment allocated to MAC charter services is made effective as of January 1, 1968. (b) The CAB Form 243 report consists submitted in connection with the last While this provides somewhat less than of: MAC rate-making proceeding. In the the 30 days’ statutory notice, the carriers Piling event the carrier did not furnish such will receive sufficient actual notice since frequency data, each ground equipment account (1) Certification______Quarterly. shall be individually allocated to MAC the first reports will hot be due until (2) Schedule D—1—Summary Semiannually. more than 4 months after the effective of Invested Capital— services until such time as the carrier date. MAC Charter Contracts. files a statement of the equipment ratio Accordingly, the Board hereby amends (3) Schedule D-2—Summary Quarterly. to be used in subsequent reports and the Chapter H of Title 14 of the Code of of Financial Results of basis for computing such ratio. Federal Regulations (14 CFR) by adding Operations—MAC Char (c) On Schedule D-2, “All other indi ter Contracts. rect expenses’’ may be derived from the new Part 243, which prescribes CAB (4) Schedule D-3—Summary Do. Form 243 reports, to Subchapter A— ratio of such expenses to “total direct of Operating Statistics operating expenses” (comprising total Economic Regulations, effective Janu and Aircraft Utiliza tion—MAC Charter Con aircraft operating expenses and passen ary I, 1968, to read as follows: tracts. ger service expenses) as set forth in the Sec. (5) - A statement of the varInitially and carrier’s report of operating expenses al 243.1 Definitions. ious allocation proce upon revi located to MAC charter services sub 243-2 Applicability and CAB Form 243 filing dures by which the fi sion (see mitted in connection with the last m ac requirements. nancial results of MAC § 243.4). rate-making proceeding. In the event the 243.3 Extension of filing time. charter services are sep carrier did not furnish such report, each 243.4 Statement of allocation procedures. arated from results for 243.5 Certification. other services. operating expense account included in 243.6 Schedule D -l—summary of Invested “all other indirect expenses” shall be in capital—MAC Charter Contracts. (c) Schedules D -l and D—2 of Form.dividually allocated to MAC charter 243.7 Schedule D—2—summary of financial 243 shall be filed with the Board (Le., services until such time as the carrier results of operations—MAC Charter postmarked) not more than 60 days after files a statement of the indirect-direct Contracts. the end of each reporting period ; Sched expense ratio to be used in subsequent 243.8 Schedule D-3—summary of operating ule D-3 shall be filed not more than 40 reports and the basis for computing such statistics and aircraft utilization— days after the end of each reporting; ratio. MAC Charter Contracts . period. The report shall be addressed to (d) Whenever investment or opera A? hohitt; xhe provisions of this Part the Civil Aeronautics Board Attention of ting-expense ratios or allocation pro «3 issued under secs. 204(a) and 407, 72 the Bureau of Accounts and Statistics, cedures are revised, a supplementary =>tat. 743, 766; 49 TJ.S.C. 1324, 1377. Washington, D.C. 20428. statement shall be filed with the Form § 243.1 Definitions. § 243.3 Extension of filing time. 243 report for the period in which such revisions are made, and shall clearly and Charter services performed under fis If circumstances prevent the filing of a completely describe the procedures upon cal-year contracts between certificated report within the prescribed time limit, which such revised reports are based. air carriers and the Military Airlift Com- consideration will be given to the grant The effect of such change in procedures mand (MAC) are defined as follows: ing of an extension upon receipt of a on income and investment in the current written request therefor. Such a request Category B”—air transportation of report shall be clearly and completely must give a sufficient reason for granting described In the supplementary state P aneload charters of passengers and/or the extension, set forth the date when ment. No. 247----- 3 FEDERAL REGISTER, VOL 32, NO. 247— FRIDAY, DECEMBER 22r 1267 20714 RULES AND REGULATIONS § 243.5 Certification. (g) Line 8 “Aircraft depreciation” Chapter V— National Aeronautics and The certificate of the officer in ¿harge shall reflect depreciation expense com Space Administration puted on the basis used for reporting of the carrier’s accounts, executed in PART 1209— BOARDS AND triplicate, shall accompany each Form on Form 41. If the depreciation basis is different for periodic MAC rate reviews, COMMITTEES 243 filed with the Board. This certificate the latter depreciation values may be en is the cover sheet of Form 243 and applies tered for each type of charter in footnote. Subpart 5— Aerospace Safety to all schedules and documents filed Advisory Panel therewith. § 243.8 Schedule D—3— summary of op erating statistics and aircraft utiliza 1. Subpart 5 added. § 243.6 Schedule D -l—summary of in tion— MAC Charter Contracts. vested capital—MAC Charter Con Sec. tracts. (a) This schedule shall be prepared 1209.500 Scope. for each calendar quarter. 1209.501 Authority. (a) This schedule shall be prepared 1209.502 Duties. as of December 31 and June 30. (b) If MAC charter services are per 1209.503 Procedures. (b) Data reported on this schedule formed in both the Atlantic and the 1209.504 Organization. shall conform with the instructions per Pacific areas, separate schedules shall be 1209.505 Support. prepared for each area and the appropri taining to balance sheet classifications Authority: The provisions of this Subpart within Part 241. ate box checked. 5 issued under sec. 6, National Aeronautics (c) Each indicated asset classification, (c) Separate data shall be presented and Space Administration Authorization Act allocated in accordance with procedures for each aircraft type. of 1968; Pub. Law 90-67, 90th Cong., 81 Stat. that are submitted as required by § 243.4, (d) This paragraph applies only to 168,170. shall be reported for the respective those carriers whose contracts specify § 1209.500 Scope. Category X charter services. Category X charter services, with flight equipment This subpart sets forth the authority shown by aircraft types. charter aircraft miles flown may be in cluded on lines 2,4, and 6, as appropriate. for, and the duties, procedures, organiza (d) Only cost data relating to equip tion, and support of the Aerospace Safety ment actually furnished by the carrier (See § 243.2(a).) If included, such miles Advisory Panel. should be included in this schedule. Do shall be shown in footnote foi: each line, not report equipment furnished by MAC. segregated by aircraft type. If not in § 1209.501 Authority. (e) Line 7 “Reserve for depreciation” cluded, the footnote should state “No The Aerospace Safety Advisory Panel shall reflect depreciation computed on Category X miles are included in this (hereafter called the “Panel”) was es the basis used for reporting on Form 41. schedule.” tablished under section 6 of the National If the depreciation basis is different for (e) Miles flown in Category B (and Aeronautics and Space Administration periodic MAC rate reviews, the latter Category X) charters shall be reported Authorization Act of 1968 (Pub. Law depreciation reserve values may be en on the basis of the great-circle distance, 90-67, 90th Congress, 81 Stat. 168, 170). tered for each type of charter in footnote. in statute miles, between airports served. Since the panel was established by stat (f) A detailed breakdown of amounts Line 14 “Total MAC charter pay miles” ute, its formation and use are not sub reported on line 15 “Other” shall be pro shall reflect the total miles, as set out in ject to the provisions of Executive Order vided in footnote. MAC contracts and service orders, upon which MAC payments are based. Miles 11007 or of NASA Management Instruc § 243.7 Schedule D-2—summary of tion 1150.2 except to the extent that such financial results of operations— MAC reported for Logair and Quicktrans char Charter Contracts. ters shall be the miles as set out in the provisions are made applicable to the contracts. panel under this subpart. (a) This schedule shall be prepared (f) Line 9 “Paid ferry miles” shall re § 1209.502 Duties. for each calendar quarter. flect ferry miles flown in the course of (b) Data reported on this schedule round-trip charters and paid for by MAC (a) The duties of the panel are set shall conform with the instructions per forth in section 6 of the National Aero taining to expense classifications within as required by § 288.9 of the Economic Regulations. nautics and Space Administration Au Part 241. thorization Act of 1968, as follows: (c) Each indicated classification of (g) On trips designated “convertible” by MAC, the miles flown with passengers The panel shall review safety studies and revenues and operating expenses, income operations plans referred to it and shall taxes, and interest expense shall be al shall be reported on line 7, not line 2; make reports thereon, shall advise the Ad located or assigned to the respective and the miles flown with cargo shall be ministrator with respect to the hazards of charter services in accordance with pro reported on line 8, not line 4. proposed or existing facilities and proposed cedures that are submitted as required (h) The average daily utilization re operations and with respect to the adequacy by § 243.4. ported on line 15 shall be based on the of proposed or existing safety standards, and system utilization of each aircraft type shall perform such other duties as the Ad (d) This paragraph applies only to ministrator may request. those carriers whose contracts specify used in MAC charter services: Provided, Category X charter services. Category That utilization of any aircraft used pri (b) Pursuant to carrying out its stat X charter revenue may be included with marily for operations not related to the utory duties, the panel will review, evalu Category B on lines 1, 2, and 3, as appro carrier’s MAC charter services and only ate, and advise on all elements of NASA’s priate. (See § 243.2(a).) If included, the incidentally used for MAC charter serv safety system, including especially the amount of such revenue shall be shown ices shall be excluded. industrial safety, systems safety, and in footnote for each line, segregated be (i) Directed landings reported on line public safety activities, and the manage tween Atlantic and Pacific areas of op 18 or 19, as appropriate, shall reflect the ment of these activities. These key ele erations. If not included, the footnote number of landings directed by MAC ments of NASA’s safety system are iden should state “No Category X revenue is and performed by the carrier, for which tified and delineated as follows: included in this schedule.” the carrier receives a fixed compensation (1) Industrial safety. This element in (e) Line 5 “Paid ferry trips” shall re in addition to the line-haul rate. cludes those activities which, on a con tinuing basis, provide protection for the flect revenue for ferry trips performed Note: The reporting requirements con in the course of round-trip MAC charters tained herein have been approved by the well being of personnel and prevention as required by § 288.9 of the Economic Bureau of the Budget in accordance with of damage to property involved m Regulations. the Federal Reports Act of 1942. NASA’s business and exposed to potential hazards associated with carrying out this (f) “Operating expenses” shall include By the Civil Aeronautics Board. business. Industrial safety relates espe all expenses incurred in empty ferry backhauls of. one-way MAC charters to [seal] H arold R. S anderson, cially to the operation of facilities m point of origin of such charters, consist Secretary. the many programs of research, develop [F.R. Doc. 67-14879; Filed, Dec. 21, 1967; ment, manufacture, test, operation, ana ent with the mileages reported on Sched maintenance. Industrial safety activities ule D-3. 8:48 a.m.] FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20715 include, but are not limited to, such sibilities are transferred during the life by the panel and approved by the functions as: cycles of the systems. Administrator. (i) Determination of industrial safety (iii) The plans and procedures for ac- (4) Appointment of panel members to criteria. cident/incident investigations, including committees as officers or members will be (ii) Establishment and implementa those for the followup on corrective ac either for 1 year, for the duration of their tion of safety standards and procedures tions and the feedback of accident/in- term as panel members, or for the life for operation and maintenance of fa cident information to other involved or time of the committee, whichever is the cilities, especially test and hazardous interested organizations., shortest. Appointments of nonpanel environment facilities. (iv) The analysis and dissemination members to committees will be for a pe (iii) Development of safety require of safety data. riod of 1 year or for the lifetime of the ments for the design of new facilities. § 1209.503 Procedures. committee, whichever is shorter. (iv) Establishment and implementa (5> Compensation and travel allow tion of safety standards and procedures (a) The panel will function in an ad visory capacity to the Administrator and, ances for committee members who are for operation of program support and not members of the panel shall be the administrative aircraft. through him, to those organizational ele ments responsible for management of the same as for members of the panel itself, (2) Systems safety. This element in NASA safety activities. except that compensation for such com cludes those activties specifically orga (b) The panel will be provided with all mittee members appointed from outside nized to deal with the potential hazards information required to discharge its ad the Federal Government shall be at the of complex R&D systems thät involve visory responsibilities as they pertain to rate prescribed by the Administrator for many highly specialized are,as of tech both NASA and its contractors’ safety comparable services. nology. It places particular emphasis on activities. This information will be made (d) Meetings. (1) Regular meetings of achieving safe operations of these sys available through the mechanism of ap the panel will be held as often as neces tems over their life cycles, and it covers propriate reports, and by means of in sary and at least twice a year. One meet major systems for aeronautical and space situ reviews of safety activities at the ing each year shall be an annual meeting. flight activities, manned or unmanned, various NASA and contractor sites, as Business conducted at this meeting will including associated groundbased re deemed necessary by the panel and ar include selecting the Chairman and the search, development, manufacturing, and ranged through the Administrator. The Vice Chairman of the panel, recommend test activities. Systems safety activities panel will thus be enabled to examine and ing new committees and committee mem include, but are not limited to, such evaluate not only the general status of bers as required or desired, approving the functions as: the NASA safety system, but also the key panel’s annual report to the Administra (i) Determination of systems safety elements of the planned and on-going tor, and such other business as may be criteria, including criteria for crew activities in this system. required. safety. • (2) Special meetings of the panel may (ii) Determination of safety data re § 1209.504 Organization. be called by the Chairman, by notice quirements. (a) Membership. (1) The panel will served personally upon or by mail or tele (iii) Performance of systems safety consist of a maximum of nine members, graph to the usual address of each mem analyses. who will be appointed by the Administra ber at least 5 days prior to the meeting. (iv) Establishment and implementa tor. Appointments will be for a term (3> Special meetings shall be called in tion of systems safety plans. of 6 years, except that, in order to pro the same manner by the Chairman, upon (3) Public safety. This element in vide continuity of membership, one-third the written request of three members of cludes those activities which, on a con of. the members appointed originally to the panel. tinuing^ basis, provide protection for the the panel will be appointed for a term (4) If practicable, the object of a spe well being of people and prevention of of 2 years, one-third for a term of 4 cial meeting should be sent in writing damage to property not involved in years, and one-third for a term of 6 years. to all members, and if possible a special NASA’s business, but which may never (2) Not more than four members of meeting should be avoided by obtaining theless be exposed to potential hazards the panel shall be employees of NASA, the views of members by mail or other associated with carrying out this busi nor shall such NASA members consti wise, both on the question requiring the ness. Public safety activities include, but tute a majority of the composition of the meeting and on the question of calling are not limited to, such functions as: panel at any given time. a special meeting. (i) Determination of public safety (3) Compensation and travel allow €5) AH meetings of special committees criteria. ances for panel members shall be as will be called by their respective chair (ii) Establishment and control of pub specified in section 6 of the NASA Au men pursuant to and in accordance with lic safety hazards associated with facility thorization Act, 1968. performing their specified tasks. and systems tests and operations. (b) Officers. (1) The Officers of the (6) Minutes of all meetings of the (iii) Establishment and implementa panel shall be a Chairman and a Vice panel, and of special committees estab tion, as required, of emergency or catas Chairman, who shall be selected by the lished by the panel, will be kept. Such trophe control plans. panel from their membership to serve minutes shall, as a minimum, contain a (4) Safety management. This ele for 1-year terms. record of persons present, a description ment includes both the program and (2) The Chairman, or Vice Chairmanof matters discussed and conclusions functional organizations of NASA and in his absence, shall preside at all meet reached, and copies of all reports re its contractors involved in the identifica ings of the panel and shall have the usual ceived, issued, or approved by the panel tion of potential hazards anchtheir elim powers of a presiding officer. or committee. The accuracy of all min ination or control as set forth in the Cc.) Committees. (1) The panel is au utes will be certified to by the Chairman foregoing description of safety activities, thorized to establish special committees, of the panel (or by the Vice Chairman in it also includes the management systems as necessary and as approved by the his absence) or of the committee. for planning, implementing, coordinat Administrator, to carry out specified (e) Reports and records. (1) The panel ing. and controlling these activities, tasks within the scope of duties of the shall submit an annual report to the ihese management systems include, but panel. Administrator. are not limited to, the following: (2) All such committee activities will (2) The panel will submit to the Ad The authorities, responsibilities, be considered an inseparable extension ministrator reports on all safety reviews and working relationships of the orga of panel activities, and will be in accord and evaluations with comments and rec nizations involved in safety activities, ance with all applicable procedures and ommendations as deemed appropriate by and the assessment of their effectiveness. regulations set forth in this subpart. the panel. (u) The procedures for insuring the (3) The Chairman of each special C3) All records and files of the panel, currency and continuity of safety activi- committee shall be a member of the Aero including agendas, minutes of panel and wv’ ®specially systems safety activities space Safety Advisory Panel. The other committee meetings, studies, analyses, nich may extend over long periods of committee members may or may not be reports, or other data compilations or cune and. where management respon- members of the panel, as recommended work papers, made available to or pre- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20716 RULES AND REGULATIONS pared by or for the panel, will be retained Ob) The distributor in question did not SUBCHAPTER C— MUTUAL MORTGAGE INSUR by the panel. have r. warehouse in the State in ques ANCE AND INSURED HOME IMPROVEMENT (f) Avoidance of conflicts of interest. tion, but shipped dairy products into the LOANS (1) Nongovernmental members of the State from its warehouses located in PART 203— MUTUAL MORTGAGE IN panel, and of special committees estab neighboring States. In most cases, the lished by the panel, are “Special Gov price increases required by the order is SURANCE AND INSURED HOME IM ernment Employees” within the meaning sued pursuant to the State’s dairy prod PROVEMENT LOANS of NHB 1900.2A, which sets forth guid ucts marketing act would be significant ance to NASA Special Government Em and the distributor sells the same prod Subpart B— Contract Rights and ployees regarding the avoidance of con ucts at substantially lower prices to Obligations flicts of interest and the observance of stores located in the neighboring States Section 203.405 is amended to read as ethical standards of conduct. A copy of because competitive pressures dictate follows: NHB 1900.2A and related NASA instruc lower prices except where the higher tions on conflicts of interest will be prices are required by law. § 203.405 Debenture interest rate. furnished to each panel or committee (c) The distributor expressed concern Debentures shall bear interest from member at the time of his appointment that by agreeing to comply with the the date of issue, payable semiannually orders of the State, it would subject it as a NASA consultant or expert. on the first day of January and the first (2) Nongovernmental members of theself to possible action under the Sher panel or a special committee will submit man Act, the Federal Trade Commission day of July of each year at the rate in a “NASA Special Government Employees Act, or possibly even the Clayton Act, as effect as of the date the commitment was Confidential Statement of Employment amended by the Robinson-Patman Act, issued, or as of the date the mortgage and Financial Interests” (NASA Form since sales will be made at different prices was endorsed for insurance, whichever 1271) prior to participating in the activ to purchasers in different States of com rate is the higher. The following interest ities of the panel or a special committee. modities of like grade and quality. Hence an opinion was requested as to rates are effective for the dates listed: § 1209.505 Support. whether the distributor will be in viola (a) A staff, to be comprised of full tion of any of the laws administered by Effective rate (percent) On or after— Prior to— time NASA employees, shall be estab the Commission if it Complies with the lished to support the panel. The mem State laws fixing the minimum resale &/...... 1_____ Jan. 1,1966 July 1,1966 bers of this staff will be fully responsive i*A------July 1,1966 Jan. 1,1967 prices of dairy products. 4 h ------Jan. 1,1967 Jan. 1,1968 to direction from the Chairman of the (d) The Commission advised that' it 5Vs------—- Jan. 1,1968 panel. was of the opinion that the distributor (b) The director of this staff will serve would not be subject to a charge of violat as Executive Secretary to the panel. The ing any of the laws it administers be Section 203.479 is amended to read as Executive Secretary of the panel, in ac cause of its compliance with the lawful follows: cordance with the specific instructions orders of the State as to the minimum § 203.479 Debenture interest rate. from the Chairman of the panel, shall: resale prices of dairy products. In the Debentures shall bear interest from (1) Administer the affairs of the panel Commission’s view, it is well settled that and have general supervision of all ar the antitrust laws have application to the date of issue, payable semiannually rangements for safety reviews and evalu the actions of individuals, partnerships, on the first day of January and the first ations, and other matters undertaken by and corporations and not to the activi day of July of each year at the rate in the panel. ties of a State. While a State may not effect as of the date the commitment (2) Insure that a written record is authorize individuals to perform acts was issued, or as of the date the loan kept of all transactions, and submit the which violate the antitrust laws nor de was endorsed for insurance, whichever same to the panel for approval at each clare that such action is lawful, it may, subsequent meeting. in the exercise of its sovereign power, rate*is the higher. The following interest (3) Insure that the same service is itself conduct such regulation of busi rates are effective for the dates listed: provided for all special committees of the ness activities within its borders as its panel. own legislature shall properly deem Effective rate (percent) On or after— Prior to— Effective date. The provisions of this necessary in the public interest. So long as the resulting regulation is a State as 4%______Jan. 1,1966 July 1,1966 Subpart 5 are effective December 7,1967. 4%...... -...... — July 1,1966 Jan. 1,1967 opposed to individual activity, those sub Jan. 1,1968 J ames E. W ebb, ______Jan. 1,1967 ject to the regulation would not be sub ...... — Jan. 1,1968 Administrator. ject to a charge of violating the anti ______[F.R. Doc. 67-14862; Filed, Dec. 21, 1967; trust laws by reason of their compliance (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter 8:47 a.m.] with the State’s orders. pret or apply sec. 203, 52 Stat. 10, as amended; (38 Stat. 717, as amended; 15 U.S.C. 41-58) 12 U.S.C. 1709) Title 16— COMMERCIAL Issued: December 21,1967. By direction of the Commission. SUBCHAPTER D— RENTAL HOUSING INSURANCE PRACTICES [seal] J oseph W. S hea, PART 207— MULTIFAMILY HOUSING Chapter I— Federal Trade Commission Secretary. MORTGAGE INSURANCE [F.R. Doc. 67-14837; Filed, Dec. 21, 1967; PART 15— ADMINISTRATIVE 8:45 a.m.] Subpart B— Contract Rights and OPINIONS AND RULINGS Obligations Legality Under Antitrust Laws of Com In § 207.259 paragraph (e) (6) is plying With State Milk Marketing Title 24— HOUSING AND HOUSING amended to read as follows: Orders § 207.259 Insurance benefits. * * * * * § 15.154 Legality under antitrust laws of CREDIT (e) Issuance of debentures. * * * complying with State milk marketing Chapter II— Federal Housing Admin orders. (6) Bear interest from the date of is istration, Department of Housing (a) The Commission rendered an ad sue, payable semiannually on the first day visory opinion that a distributor who and Urban Development of January and the first day of July of complied with a State’s milk marketing MISCELLANEOUS AMENDMENTS TO each year at the rate in effect as of the order fixing the minimum resale prices CHAPTER date the commitment was issued, or as of dairy products would not be subject to a charge of violating the antitrust The following miscellaneous amend of the date of initial insurance endorse laws. ments have been made to this chapter: ment of the mortgage, whichever rate is FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20717 the higher. The following interest rates also as Treasury Department Circular before in the Navy or Marine Corps on or are effective for the dates listed: No. 1001 (Revised), 27 F.R. 8491, Aug. 24, before July 1 of the year preceding the 1962) is hereby amended by adding im desired date of entrance to the Naval Effective rate (percent) On or alter— Prior to— mediately after § 365.7 a new section to Academy. Since the selection of candi read as follows: dates for this school begins in the spring, Jan. 1,1966 July 1,1966 § 365.8 Delegation of Author! tyto Sec enlisted men who fulfill the age and 4rf . July 1,1966 Jan. 1,1967 service requirements should make their 4h Jan. 1,1967 Jan. 1,1968 retary of Defense to issue substitute Jan. 1,1968 checks. desires known to their commanding of ficers as early in the year as possible. The Secretary of Defense is author Recruits enlisted prior to July 1 are eligi (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter ized to provide by regulations for the is prets or applies sec. 207, 52 Stat. 16, as ble and encouraged to apply for consid amended; suance of substitutes for checks drawn eration for this program. 12 Ü.S.C. 1713) for pay and allowances of civilian and military personnel and which are lost, ***** SUBCHAPTER F— URBAN RENEWAL HOUSING stolen, or destroyed in shipment between 3. Section 710.25 is amended by revis INSURANCE AND INSURED IMPROVEMENT military offices or installations. The Sec ing § 710.25(a) to read as follows: LOANS retary of Defense may redelegate such § 710.25 College certificate method. authority within the Department of PART 220— URBAN RENEWAL MORT Defense. (a) Requirements. A candidate who GAGE INSURANCE AND INSURED holds a nomination as a Congressional, (R.S. 3GC6. as amended, 31 U.S.C. 528h; IMPROVEMENT LOANS Treasury Department Order No. 177-16) District of Columbia, or Vice Presidential principal or alternate or who is seeking Subpart D— Contract Rights and Dated: December 18,1967. admission as the son of a Medal of Honor Obligations— Projects [ s e a l ] J o h n K . C a r l o c k , winner may fulfill the scholastic require Section 220.830 is. amended to read”as Fiscal Assistant Secretary. ments for admission by submitting an follows: acceptable secondary sehool certificate [FJt. Doc. 67-14868; Filed, Dec. 21, 1967; and an acceptable college certificate. He § 220.830 Debenture interest rate. 8:47 ajn.J is also required to take the College Board Debentures shall bear interest from Tests specified in § 710.24 for the infor the date of issue, payable semiannually mation of the Naval Academy. A candi on the first day of January and the first Title 32— NATIONAL DEFENSE date competing under any other source day of July of each year at the rate in of nomination than those outlined in this effect as of the date the commitment Chapter VI— Department of the Navy paragraph must qualify by the Examina tion Method. This includes all Congres was issued, or as of the date the loan SUBCHAPTER C— PERSONNEL was endorsed for insurance, whichever sional candidates being evaluated by the rate is the higher. The following inter PART 710— PROCEDURES AND RE Competitive Method. All candidates using est rates are effective for the dates QUIREMENTS FOR APPOINTMENT College Certificate Method should advise listed: AS A MIDSHIPMAN AT THE U.S. the Dean of Admissions, UJS. Naval Academy, of their intent to do so by let NAVAL ACADEMY Effective rate (percent) On or alter— Prior to— ter prior to March 15 of the year in Miscellaneous Amendments which they are seeking admission. 4H...... ______Jan. 1,1966 July 1,1966 * * * ♦ * 4%...... ■ July 1,1966 Jan. 1,1967 Scope and purpose. Part 710 is up 4)4... SÊS Jan. 1,1967 Jan. 1,1968 dated and amended as follows: 4. Section 710.32 is amended by re 6>/s...... Jan. 1,1968 1. Delete editorial note at beginning of vising § 710.32(c) as follows: Subchapter C. Delete footnotes 1, 2, and § 710.32 Medical and physical aptitude (Sec. 211, 52 Stat. 23; 12 US.C. 1715b. In 3 appearing at § § 710.24, 710.25, and examinations. terprets or applies sec. 220, 68 Stat. 596, as amended; 12 U.S.C. 1715k) 710.32 respectively. * * * * * 2. Section 710.13 is amended by revis (c) Delay in talcing examination. Can Issued at Washington, D.C., Decem ing paragraphs (a) and (b) (7) to read didates who are ordered to report for ber 18,1967. as follows: Medical and Physical Aptitude Examina P hilip N. B rownsteut, § 710.13 Obtaining a nomination. tion and who are unable to take the Federal Housing Commissioner. Physical Aptitude Examination at that [F.R. Doc. 67-14864; Piled, Dec. 21, 1967; (a) General. UJ5L citizens are ap time will be required to produce sub 8:47 a.m.] pointed to the Naval Academy without regard to race, creed, or national origin. stantiating medical evidence. Insuffi It is necessary for a young man to obtain cient evidence will be cause for their dis a nomination in order to be considered qualification. Formally nominated can Title 3T— MONEY AND for appointment to the Naval Academy. didates who are injured or ill for any The sources of nominations are described reason and unable to comply with in FINANCE: TREASURY in this section. The applicant should structions to report for Medical and study carefully the various sources to de Physical Aptitude Examinations are re Chapter II— Fiscal Service, Depart termine those through which he is eligi quired to communicate with the Chief of ment af the Treasury Naval Personnel and the scheduled ex ble to apply. College Board Test results amining facilities to explain the cir SUBCHAPTER C— OFFICE OF THE TREASURER OF taken for purposes of qualifying for the cumstances of the injury or illness before THE UNITED STATES Naval Academy apply to all nomina further examination or delay in exami [Dept. Circular 1001 (Rev.) ] tions a candidate may hold. (b) Types and sources of nominations. nation will be authorized. Candidates PART 365— ISSUE OP SUBSTITUTES OF * * * f * who have undergone major surgery in LOST, DESTROYED, MUTILATED, (7) Regular Navy and Marine Corps. volving knee, ankle, shoulder, elbow, and d e f a c e d c h e c k s d r a w n o n The Secretary of the Navy may appoint wrist, or spine, will not be scheduled for t h e TREASURER OF THE UNITED 85 enlisted men of the Regular Navy and examination until 6 months have elapsed STATES Marine Corps to the Naval Academy each following surgery. Medical and Physical year. These men must meet all of the en Aptitude Examinations will terminate on Delegation of Authority to Secretary of trance requirements and may not have March 15 prior to admission of each Defense To Issue Substitute Checks passed their 21st birthday as of July 1 class. Injury and surgical cases will not Part 365, Chapter H, Title 31 of the of the year of entrance to the Naval be considered after this date. Candidates oae of Federal Regulations (appearing Academy. Applicants must have enlisted having orthodontic appliances in place FEDERAL REGISTER, VOL. 32, NO. 247—-FRIDAY, DECEMBER 22, 1967 20718 RULES AND REGULATIONS are not required to have them removed and the text of § 710.34 (k) and (o) as Hawaii prior to reporting for Qualifying Medical follows: Hickam AFB, Honolulu. Examination. § 710.34 Special medical examination Tripler Gen Hosp, Honolulu. * * * * * considerations. USNAS, Barbers Point. 5. Section 710.34 is amended by revis * * * * * Idaho ing the table appearing in § 710.34(b) (b) Weight standards. Mountain Home AFB, Mountain Home. Illinois Height (inches)*...... -...... 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Weight (pounds): Chanute AFB, Rantoul. Minimum...... -...... 105 106 107 111 115 119 123 127 131 135 139 143 147 151 153 Fort Sheridan, Highland Park. Maximum...... 183 187 191 196 202 208 214 219 225 231 237 243 248 254 260 Scott AFB, Belleville. Naval Hosp, Great Lakes. ‘Waiver for height up to 80 inches may be granted to a limited number of candidates with exceptional scholastic NAS, Glenview. and leadership achievements. Indiana Arizona These weight standards are necessarily Bunker Hill AFB, Peru. arbitrary. * * * Davis-Monthan AFB, TuCson. Fort Benjamin Harrison, Indianapolis. * * * * * Port Huachuca, Cochise County. (k) Asthma. Asthma, or recurrent Williams AFB, Chandler. Kansas asthmatic bronchitis by diagnosis or his - California Fort Leavenworth, Leavenworth. Fort Riley, Junction City. tory since age 12, is cause for rejection. Beale AFB, Marysville. McConnell AFB, Wichita. * * * * * Castle AFB, Merced. Edwards AFB, Edwards. NAS, Olathe. (o) Dental standards. A candidate for Fort Ord, Monterey. Kentucky appointment must have a minimum of George AFB, Victorville. 16 natural permanent teeth, of which Hamilton AFB, Ignacio. Fort Knox, Hardin County. a minimum of 8 must be in each arch. Letterman Gen Hosp, San Francisco. Louisiana All missing teeth causing unsightly March AFB, Riverside. spaces or significantly reducing masti Mather AFB, Sacramento. Barksdale AFB, Shreveport. McClellan AFB, Sacramento. England AFB, Alexandria. catory or incisal efficiency must be re Travis AFB, Fairfield. NAS, New Orleans. placed by well-designed bridges or partial NAS, Alameda. dentures which are in good condition. Naval Hosp, Camp Pendleton. Maine Except for minor or questionable carious NAF, El Centro. Dow AFB, Bangor. areas, all required dental treatment must NAAS, Ream Field, Imperial Beach. Loring AFB, Limestone. be completed. Candidates undergoing NAS, Lemoore. NAS, Brunswick. active orthodontic treatment will be Naval Hosp, Long Beach. NAS, Los Alamitos, Long Beach. Maryland temporarily disqualified. Each such ap NAS, Moffett Field. Fort George G. Meade, Odenton. plicant will be considered on an individ NAAS, Monterey. NTC, Bainbridge. ual basis by the Permanent Board of Naval Hosp, Oakland. U.S. Naval Academy, Annapolis. Naval Missile Ctr, Point Mugu. NAS, Patuxent River. Medical Examiners at the Academy. Dis MCAS, El Toro, Santa Ana. qualifying defects are as follows: Naval Hosp, San Diego. Massachusetts NAS, North Island, San Diego. Lack of satisfactory incisal or masticatory NAS, Miramar, San Diego. Boston Army Base, Boston. function. Vandenberg AFB, Lompoc. Fort Devens, Ayer. Failure to have a minimum of 8 natural Otis AFB, Falmouth. permanent teeth in each arch. Colorado Naval HOsp, Chelsea. Edentulous spaces which are unsightly or Fitzsimons Gen Hosp, Denver. NAS, South Weymouth. which significantly reduce masticatory Lowry AFB, Denver. Westover AFB, Chicopee Falls. function. U.S. Air Force Academy, Michigan Carious teeth, except minor or questionable Colorado Springs. carious areas. Infections or chronic diseases -Kincheloe AFB, Kincross. of the soft tissue of the oral cavity. Marked Delaware K. I. Sawyer AFB, Gwinn. malocclusion resulting in severe dentofacial Dover AFB, Dover. Self ridge AFB, Mount Clemens. deformity. NAS, Grosse lie. Unsatisfactory restorations; bridges, or D istrict of Columbia Wurtsmith AFB, Oscoda. dentures. Severe or extensive apical or Andrews AFB. Minnesota periodontal infection. Perforations from the NAF Washintgon, Andrews AFB. oral cavity into the nassal cavity or maxillary Walter Reed Gen Hosp. NAS, Minneapolis. sinus. Tumors or cysts of the oral tissues whidh Florida Mississippi require treatment or may require treatment Elgin AFB, Valparaiso. Columbus AFB, Columbus. in the foreseeable future. Keesler AFB, Biloxi. Homestead AFB, Homestead. ' NAAS, Meridian. 6. Section 710.54 is revised by updatingMacDill AFB, Tampa. the list of examining activities as follows: Tyndall AFB, Panama City. Missouri NAS, Cecil Field. Fort Leonard Wood, Waynesville. § 710.54 Authorized medical examining Naval Hosp, Jacksonville. Richards-Qebaur AFB, Grandview» facilities for Naval Academy medical NAS, Jacksonville. Whiteman AFB, Knob Noster. examinations. Naval Hosp, Key West. Naval Hosp, Pensacola. Montana Alabama NAS, Sanford. Glasgow AFB, Glasgow. Brookley AFB, Mobile. NAS, Whiting Field. Malmstrom AFB, Great Falls. Fort Rucker, Daleville. Georgia Maxwell AFB, Montgomery. Nebraska Fort Benning, Columbus. Alaska Fort Gordon, Groveton. Offutt AFB, Omaha. Elmendorf AFB, Anchorage. Fort McPherson, Atlanta. Nevada USNAS, Adak. Fort Stewart, Hinesville. USNAS, Kodiak. Moody AFB, Valdosta. Nellis AFB, Las Vegas. Robins AFB, Warner Robins. N ew Hampshire , Arkansas Turner AFB, Albany. Blytheville AFB, Blytheville. NAS, Atlanta. Pease AFB, Porstmouth. Little Rock AFB, Jacksonville. NAS, Glynco. Naval Hosp, Portsmouth. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20719 N ew Jersey U t a h subparagraphs (f)(1) and (f)(2); and Hill AFB, Ogden. - port Dix, Wrights town. deleting paragraph (q) as follows: Fort Monmouth, Oceanport. Virginia § 721.5 Action. McGuire AFB, Wrightstown. NAS, Lakehurst. Langley AFB, Hampton. 1 * * * * * New Mexico Fort Belvoir, Fairfax County. Fort Eustis, Lee Hall. (b) The Judge Advocate General and Cannon APB, Clovis. Fort Lee, Petersburg. the General Counsel of the Navy are Holloman AFB, Alamogordo. Fort Monroe, Old Point Comfort. designated as the counselors for the De Kirtland AFB, Albuquerque. NAS, Norfolk. partment of the Navy, pursuant to N ew York Naval Hosp, Portsmouth. § 40.735-12(c) (1) of this title. * * * Naval Hosp, Quantico. * * * * * Grifflss AFB, Rome. MCAS, Quantico. Plattsburgh AFB. Plattsburgh. NAS, Oceana, Virginia Beach. (3) Other matters under the assigned Stewart AFB, Newburgh. jurisdiction of the General Counsel Suffolk County AFB, Westhampton Beach, Washington (SecNav Instruction 5430.25 series; also Long Island. Fairchild AFB, Spokane. outlined in the pertinent paragraph of U.S. Military Academy, West Point. Fort Lewis, Tacoma. the U.S. Government Organization NAS, Brooklyn. McChord AFB, Tacoma. Manual; e.g., page 179 of the 1967-68 Naval Hosp, St. Albans, Long Island. Naval Hosp, Bremerton. edition). The Judge Advocate General North Carolina NAS, Seattle. NAS, Whidbey Island. shall be consulted with regard , to state Port Bragg, Fayetteville. ments submitted by all other officers and Seymour Johnson AFB, Goldsboro. Wyoming employees. Naval Hosp, Camp Lejeune. * * ♦ * * MCAS, Cherry Point. Francis E. Warren AFB, Cheyenne. Canal Zone (f) In connection with each Fitness North Dakota Report or Performance Rating with re Grand Forks, AFB, Meckinock. Albrook AFB, Balboa. spect to officers or civilian employees Minot AFB, Minot. Fort Clayton. described in § 40.735-14(a) (3) and (4) Ohio Cuba of this title, the appropriate supervisor Lockbourne AFB, Columbus. USN Hosp, Guantanamo Bay. shall review the billet or position as re Wrigfit-Patterson AFB, Dayton. England quired by" § 40.735-14 (b) of this title, Oklahoma and shall determine whether the duties Altus AFB, Altus. S. Ruislip Air Stn, Middlesex. and responsibilities of the position are Clinton-Sherman AFB, Bums Flat. USN Support Activity, London. such as to require the individual to file Fort Sill, Lawton. Germany a statement of employment and finan linker AFB, Oklahoma City. U.S. Army Hosp, Heidelberg. cial interests. He shall cause his deter Oregon Wiesbaden AB, Wiesbaden. mination to be recorded in the in Portland International Airport, Portland. dividual’s billet or position description Guam and in the individual’s local personnel Pennsylvania USN Hosp. record. Such determinations will be re Carlisle Barracks, Carlisle. Italy viewed at least annually. An officer or NAF, Johnsville. USN Support Activity, Naples. employee who is transferred from one Naval Hosp, Philadelphia. position to another within the Depart NAS, Willow Grove. J apan Valley Forge Gen Hosp, Phoenixville. Camp Zama. ment of the Navy shal. be responsible Tachikawa AB, Honshu. for furnishing a current statement to his Rhode Island USN Hosp, Yokosuka. new appropriate supervisor if he is re Naval Hosp, Newport. quired to file such a statement in that Naval Stn, Newport. Newfoundland position. Any individual who believes NAS, Quonset Point. USN Stn, Argentia. that his position has been improperly included in Category T3) or (4.) may re South Carolina P h ilippine Islands Charleston AFB, Charleston. quest a review of the decision requiring Clark AB, Luzon. him to file a statement through the es Fort Jackson. Columbia. USN Hosp, Subic Bay. Shaw AFB, Sumter. tablished grievance or complaint proce Naval Hosp, Beaufort. P uerto Rico dure of the Department. MCAS, Beaufort. (f) (1) For the purpose of § 40.735-14 Naval Hosp, Charleston. Ramey AFB, Aguadilla. USNAS, Roosevelt Rds. (a) (4) (z) of this title entitled “Contract South Dakota ing or Procurement,” reports will be re Spain Ellsworth AFB, Rapid City. Torre jon AB -»»> quired only from persons who sign con USNAS, Rota. tracts or those, at higher levels, who T ennessee have overall responsibility for the entire Fort Campbell, Clarkesvllle. (5 U.S.C. 301; 10 U.S.C. 516, 5031, 6951-5974) transaction. This includes but is not lim Sewart AFB, Smyrna. Dated: December 15, 1967. ited to heads of procuring activities, NAS, Memphis. directors of contracting divisions, per Texas By direction of the Secretary of the sonnel engaged in business clearance of Amarillo AFB, Amarillo. Navy.. contracts and others performing com Bergstrom AFB, Austin. R obert H. Hare, parable functions. Carswell AFB, Fort Worth. Dyess AFB, Abilene. Rear Admiral, U.S. Navy, (2) Each officer and employee who Fort Hood, Killeen. Deputy Judge Advocate Gen previously filed a statement of employ Fort Sam Houston, San Antonio. eral of the Navy. ment and financial interest and who, Lackland AFB, San Antonio. [FJR. Doc. 67-14893; Filed, Dec. 21, 1967; pursuant to Parts 40 and 721 of this Laughlin AFB, Del Rio. 8:49 am.] title, is still required so to do, shall file Perrin AFB, Sherman. an annual supplementary statement Randolph AFB, San Antonio. prior to January 31, 1968, reporting, as Reese AFB, Lubbock. PART 72T— STANDARDS OF Sheppard AFB, Wichita Falls. of September 30, 1967, the information NAAS, Beeville. CONDUCT referred to in § 40.735-14(i) of this title. HosP> Corpus ChristL Similarly, personnel required for the first NAS, Corpus ChristL ' Action time to file statements of employment NAS, Dallas. Scope and purpose. Part 721 is updated and financial interest shall do so prior NAS, Kingsville. and revised as follows: to January 31, 1968, aá* of September 30, Webb AFB, Big Spring. 1. Part 721.5 is amended by updating1967. Thereafter, changes or additions William Beaumont Gen Hosp, El Paso. paragraphs (b) (3) and (f) ; adding new will be reported in a supplementary FEDERAL REGISTER, VOL 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20720 RULES AND REGULATIONS statement to be filed on June 30 of each pointed on a date that will require ac Constructive Service year. ceptance of commission before age 26 Minimum years * * * * * will be initially tendered Reserve ap When active duty of constructive pointments. The provisions of §§ 881.8(d) grade is— service are— (q) [Deleted] and 881.10 are waived in this instance. First lieutenant______3 (5 U.S.C. 301; 10 U.S.C. 133, 5031) Captain______7 (3) Noncitizen applicants must pos M ajor______14 Dated: December 19, 1967. sess a valid Form 1-151, “Immigration Lieutenant colonel______21 and Naturalization Service (INS) Alien By direction of the Secretary of the Colonel _____ 23 Registration Receipt Card,” which may ***** Navy. be obtained from the local Immigration W ilfred Hearn, and Naturalization Office, as evidence of (d) Former rated officers. (1) Former Rear Admiral, U.S. Navy, Judge lawful entry into the United States for rated officers of any of the services (in Advocate General of the Navy. permanent residence. Since reproduction cluding former Regular Air Force officers [F.R. Doc. 67-14894; Filed, Dec. 21, 1967; of this form is prohibited, the applicant who did not apply for a Reserve commis 8:49 a.m.] must submit the following statement sion within 1 year after resignation) may signed by an officer, notary public, or be appointed in a grade held at time of other person authorized to administer discharge, not above captain or equiv Chapter VII— Department of the oaths: alent (0-3), to fill rated positions in the Air Force Ready Reserve. To be eligible for ap I certify that I have this date seen INS pointment, the applicant must: SUBCHAPTER I— MILITARY PERSONNEL Form 1-151 issued t o ------(Name of applicant) ***** PART 881— APPOINTMENT OF OF indicating lawful entry into the United States § 881.8 [Amended] FICERS IN THE U.S. AIR FORCE for permanent residence o n ______(Date) 2. In § 881.8, paragraph (p) is OR AS RESERVES OF THE AIR amended by deleting the word “com FORCE * * * * * missioned” in line 7. Subpart B— Eligibility Requirements Miscellaneous Amendments § 881.12 Age, e d u c a tio n , experience, Part 881 of Subchapter I of Chapter 3. Section 881.7 is amended by revis and grade requirements. VII of Title 32 of the Code of Federal ing paragraph (b) (4) and the introduc ***** Regulations is amended as follows: tion of paragraph (d) (1); and § 881.12 (g) Computing and recording TYSD, is amended by revising paragraph (g) (1) PSD, and TFCSD. (1) Total years service Subpart A— General to read as follows: date (TYSD): This date is computed by 1. Section 881.1a is added; and in§ 881.7 Who may apply for appoint* backdating the date of acceptance of ap § 881.3, paragraph (b) is revised to read ment. pointment by the total amount of as follows: ♦ * * * * constructive credit awarded under para graph (f) of this section. § 881.1a Statutory authority. (b) * * * N ote: If an officer has prior commissioned The statutory authority for appoint (4) Appointment may be made in the service time for which he has not received ments tendered according to this part is grade (permanent or temporary) in constructive credit, such service is creditable contained in 10 U.S.C. 591, 593, 1211, which serving at time of discharge. Con as TYSD after determination of a grade in 8067, 8353, 8358, 8359, and 8444. This structive service appropriate for the accordance with paragraph (e) of this sec grade will be awarded based on length of tion. However, in no case will any service part implements the following DoD be counted more than once in determining Instructions: active Federal commissioned service and education where applicable. Constructive TYSD. (a) DoD Instruction 1120.5, July 3, service will also be awarded for prior 1967. Upon reappointments generally, TYSD service in an active status as a Reserve will be recomputed from the effective (b) DoD Instruction 1205.1, Septem officer not on extended active duty (EAD) date of reappointment to reflect the ad ber 27, 1960. for those years in which minimum par ditional constructive credit allowable for (c) DoD Instruction 1205.2, October ticipation requirements for retention and education and/or experience under para 24,1956. retirement were satisfied (50 points min graph (f) of this section. Upon reap (d) DOD Instruction 1205.4, June 23, imum per year). If an applicant does pointment as a judge advocate under 1959. not have the length of service which Subpart D of this part, for example, (e) DOD Instruction 1205.7, October 4, would permit the crediting of sufficient credit for full-time experience as a law 1960. constructive service for Reserve appoint yer accrues from date of graduation from ment in the active duty grade, satisfac § 881.3 Temporary appointments. law school or date of admission to the ' • » * * * tory performance in the active duty bar, whichever is later, to date of ac grade constitutes the basis for the award ceptance. To determine the actual period (b) Physicians and dentists who areof the minimum amount of constructive of time for which constructive service for resident aliens or conscientious objec service appropriate to the Reserve grade education is given, backdate the appli tors normally do not qualify for Reserve as indicated in the table at the end of cable date of graduation or admission to appointment. Such persons having an this subparagraph. Constructive service the bar, whichever is later, by 3 years. active duty obligation as special reg possessed by an applicant that is in ex Any commissioned service held during istrants under the Universal Military cess of that required for the grade in the period for which constructive service Training and Service Act (UMT&S Act) which appointed will be awarded as serv for education and experience is awarded may, if otherwise qualified, be appointed ice in grade and identified as a promotion may not be counted again for TYSD as follows: service date (PSD). No individual will purposes. Unusual cases should be re (1) Applicants who are 26 years of age be appointed as a Reserve officer in a ferred to USAFMPC (AFPMRDC) for or over at time of appointment will be grade higher than that in which he resolution. tendered temporary appointments in served on active duty. Accordingly, con ***** grades as specified in the table at the structive service credit r in excess of- the end of § 881.12(e). Temporary appoint maximum authorized for the active duty Subpart C— Application and ments made under this authority termi grade will not be awarded regardless of Processing Procedures nate upon release from active duty. length of actual service. For example, § 881.13 [Amended] (2) Applicants, including participants an applicant whose highest active duty in the Armed Forces Physicians’ Ap grade was captain must be awarded at 4. In § 881.13(b), the table is amended pointment and Residency Consideration least 7 but less than 14 years constructive by deleting the words “CAC, Robins APB Program (Berry Plan), who must be ap service. GA 31094 and” in lines 11 and 12, second FEDERAL REGISTER, VOL. 32, NO. 247—-FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20721 column, and by deleting the words “in except for Air National Guard applica the requirements of the appropriate degree turn” in line 13, second column. tions. and that failure to receive my graduate degree o n ______will result in the termina 5. Section 881.13 is amended by re * * * * ♦ tion of my appointment as a Reserve of the vising paragraph (a) (4) to read as fol Subpart E— Appointment of Chaplains Air Force. (Authority: 10 U.S.C. 1162.) Upon lows: meeting the qualifications for appointment, (4) DD Form 398, “Statement of Per 7. Section 881.20(c) is amended by I agree to serve a minimum of 2 full years sonal History.” Six copies for applicants revising subparagraphs (1) (ii) and (3) on extended active duty unless sooner re requiring a Background Investigation and the introduction of subparagraph lieved by proper authority. (4) to read as follows: under subdivisions (i), (ii), (iii), or- (iv) (Date) (Signature) of this subparagraph. One copy for all § 881.20 Application for the Air Force others, including persons being con chaplaincy. (4) Applications for appointment as sidered for appointment on the basis of * * * * * Reserve Dental officers will not be ac a prior or existing investigation. cepted from senior dental students who (c) Qualifications and requirements— will have an obligation for military serv (i) Any person who is an alien. (1) Age and grade, (i) * * * (ii) Any person who has relatives re ice upon graduation, except from: (ii) In times of national emergency or (i) Students applying for a sponsored siding in one of the countries listed in war, or when a continuing serious short internship. attachment 3, AFR 205-6, except that age of Air Force chaplains exists, the - (ii) Students enrolled in the Early relatives other than father, mother, sis Chief of Air Force Chaplains may grant ter, brother, spouse, or children will not Commissioning Program under Part 906 age waivers not to exceed the maximum of this chapter; the Senior Dental Stu be considered. age of appointment by 3 years. dent Program, when offered; or any “ex (iii) Any person who is a U.S. citizen * * * * * tended leave” or “in-service arrange and has resided or traveled in one or more (3) Appointment in the grade of first ment” programs, when offered. countries listed in attachment 3, AFR lieutenant. Applicants may be initially (iii) Students allocated to the Air 205-6, after the dates indicated, for 30 Force under the Armed Forces Reserve or more continuous days. Travel or resi appointed in the grade of first lieutenant if they are less than 34 years of age; Dental Officer Allocation and Commis dence in these countries under the sioning Program. auspices of the U.S. Government will not have completed 3 years of graduate study be considered. or have a graduate theological degree (5) Unless authorized in subparagraph from an accredited or recognized theo (4) of this paragraph, applications for (iv) Any person who has made entries logical seminary; have attained full Reserve commissions from senior dental on DD Form 98 which provide reason for ecclesiastical ordination status; and have students who do not participate in the belief that appointment may not be the professional experience required by Armed Forces Reserve Dental Officer clearly consistent with the interests of their denomination. Allocation and Commissioning Program national security. (4) Appointment in the grade of cap will not be accepted until 4 months after Subpart D— Appointment of Judge tain. Applicants may be initially ap the person’s graduation or when allo Advocate Officers pointed in the grade of captain if they cated to the Air Force as the result of a are less than 40 years of age and can special call for dentists. 6. Section 881.17 is amended by revis qualify under one of the following con * * * * * ing paragraph (c ); and § 881.19 is structive service credit categories: § 881.29 Doctors of veterinary medicine. amended by revising paragraph (a) to * * * * * read as follows: (a) * * * Subpart F— Appointment of Phy § 881.17 Application. (3) Appointment of veterinary stu ***** sicians, Dentists, Veterinarians, and dents before graduation may be made as Nurses prescribed for dental students in § 881.28 (c) In lieu of AF Form 1229, “Applica (a)(3). tion for Career Reserve Status,” the fol 8. Section 881.28 is amended by adding * * * * * lowing statement will be entered in the subparagraphs (3), (4), and (5) to para remarks section of AF Form 24: graph (a), and §881.29 is amended by Subpart H— Appointment of Officers I agree to accept appointment in Career adding subparagraph (3) to paragraph in the Biomedical Sciences Corps (a) as follows: Reserve Status for an indefinite period and 9. Section 881.39 is amended by revis understand that I must serve a m in im u m of § 881.28 Doctors of dentistry. 4 years active duty. I understand that I may ing the introductory paragraph and par incur an active duty service commitment (a). * * * agraph (a); in §§ 881.40 and 881.41 the which may extend beyond the minimum 4 (3) Applications from dental students^headings are revised; and in § 881.44 the years under the provisions of AFR 36-51 as may be accepted and processed before heading and paragraph (b) are revised the result of training received or permanent to read as follows: change of station. receipt of the qualifying degree. The ap plicant must furnish a statement from § 881.39 Appointment for training. * * * * * the institution indicating he has com §881.19 Appointment and reappoint pleted all the degree requirements or is -A p p lican ts (excluding m arried ment. expected to do so within 7 months. If women) who are 21 but not 28 years of age may be appointed as second lieuten (a) Appointment. The Commander, otherwise qualified, the applicant will be ants and ordered to active duty to com Air Training Command, is authorized-to tendered an appointment generally be plete training in one of, the following tender appointments in all grades up to tween 150 to 180 days before graduation. courses: and including captain, as Reserves of the After appointment and following gradua (a) Dietetic training. Applicant must Air Force, to eligible applicants upon the tion, the officer concerned must furnish evidence that the degree has been con possess a bachelor’s degree and have recommendation of a board of officers as been accepted for an approved dietetic reviewed and recommended by the Staff ferred and all other applicable require ments have been met. Officers so ap internship. Judge Advocate. Appointments in grades (1) Appointment of dietetic students aoove captain may be made by the Com pointed who do not successfully complete before graduation may be made in sub mander, ATC, only after review and ap- their educational requirements or fail to stantially the same manner as that pre Povalof the applicant’s qualifications by receive the qualifying degree will be dis scribed for dental students in § 881.28 me Judge Advocate General, or his charged under 10 U.S.C. 1162. At time (a) (3). At time of application, each stu designee, for the Chief of Staff and Hq of application, each student will be re quired to sign the following certificate, dent will submit a statement as follows: SAF (AFPMRDC). Original appoint which will become a part of his per As an applicant for the USAF Dietetic In ments in this specialty are contingent manent file: ternship Program, I understand that I will be pon the applicants’ consent to imme- appointed as a Reserve of the Air Force con I understand that if appointed, the ap tingent upon my completing the require ate entry upon extended active duty, pointment is contingent upon my completing ments for a bachelor’s degree. I understand No. 247- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20722 RULES AND REGULATIONS that if I fall to receive the degree at the ap Subpart B— Ethical and Other Conduct and § 1703.735—102 Definitions. propriate time, I will be discharged from all Responsibilitiesipf Employees appointments held as prescribed in 10 U.S.C. Sec. In the regulation in this part: 1162. Upon being ordered to active duty, I 1703.735- 201 Gifts, entertainment, and (a) “Employee” means an officer or further understand that my initial tour of favors. employee of the Office of Emergency active duty will total 4 years (48 months) 1703.735- 202 Outside employment and Planning, but does not include a special and will consist of the following: other activity. Government employee or a member of 12 Months—Dietetic Internship at an ap 1703.735- 203 Financial interests. 1703.735- 204 Use of Government property. the uniformed services. proved civilian institution. (b) . “Executive order” means Execu 6 Months—Additional dietetic training at a 1703.735- 205 Misuse of information. USAP hospital. 1703.735- 206 Indebtedness. tive Order 11222 of May 8, 1965. 30 Months—Active duty assignments as a 1703.735- 207 Gambling, betting, and lot (c) “Person” means an individual, a dietitian. teries. corporation, a company, an association, 1703.735- 208 General conduct prejudicial a firm, a partnership, a society, a joint (Date) (Signature) to the Government. 1703.735- 209 Miscellaneous statutory pro stock company, or any other organization * * # * * visions. ' or institution. §881.40 Pharmacy officer (AFSC 9241). Subpart C— Ethical and Other Conduct and Re (d) “Special Government employee” * * * * * means a “special Government employee” sponsibilities of Special Government Employees as defined in section 202 of Title 18 of § 881.41 Optometry officer (AFSC 1703.735- 301 Use of Government employ the United States Code who is employed 9 2 5 1 ). ment. by the Office of Emergency Planning, but * * ♦ * * 1703.735- 302 Use of inside information. 1703.735- 303 Coercion. does not include a member of the uni § 881.44 Biomedical laboratory officer 1703.735- 304 Gifts, entertainment, and fa formed services. * (AFSC 91 5 1 ). vors. (e) “Uniformed services” has the * * * * * 1703.735- 305 Miscellaneous statutory pro meaning given that term in section (b) Education. The minimum educa visions. 101(3) of Title 37 of the United States tional requirement for qualification in 1703.735- 306 General provisions. Code. this specialty is a baccalaureate degree Subpart D— Statements of Employment and § 1703.735—103 Interpretation and ad in medical technology, bacteriology, par Financial Interests visory service. asitology, chemistry, biochemistry, phar 1703.735- 401 Form and content of state maceutical chemistry, pharmacology, ments. (a) The General Counsel, Office of hematology, serology, or virology. A 1703.735- 402 Employees required to submit Emergency Planning, is designated as master’s or Ph. D. degree with a major statements. Counselor for the Office of Emergency study in one of the referenced fields is 1703.735- 402A Employee’s complaint on filing Planning and to serve as the Office of desirable. requirements. Emergency Planning’s designee to the 1703.735- 403 Employees not required to sub Civil Service Commission on matters * * * * $ mit statements. covered by this regulation. The Coun (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012; 10 1703.735- 404 Time and place for submission selor is responsible for coordination of U.S.C. 591, 593, 8067, 8353, 8358, 8359, and of employees’ statements. the Office of Emergency Planning’s coun 8444, except as otherwise noted) [AFM 36- 1703.735- 405 Supplementary statements. 5, Change 1, Sept. 15, 1967] 1703.735- 406 Interests of employees’ rela seling services provided under paragraph tives. (b) of this section and for assuring that By order of the Secretary of the Air 1703.735- 407 Information not known by counseling and interpretations on ques Force. employees. tions of conflicts of interest, and other Lucian M. F erguson, 1703.735- 408 Information excluded. matters covered by this regulation are Colonel, U.S. Air Force, Chief, 1703.735- 409 Confidentiality of employees’ available to the Deputy Counselors des Special Activities Group, Of statements. ignated under paragraph (b) of this fice of The Judge Advocate 1703.735- 410 Effect of employees’ statements section. on other requirements. General. 1703.735- 411 Specific provisions of regula (b) The Counselor shall designate [F.R. Doc. 67-14838; Piled, Dec. 21, 1967; tions for special Government such Deputy Counselors as may be nec 8:45 a.m.] employees. essary. The Counselor and Deputy Coun selors shall give advice and guidance to Authority : The- provisions of this Part 1703 issued under E.O. 11222, 30 F.R. 6469, 3 each employee and special Government Chapter XVII— Office of Emergency CPR 1965, Supp.; 5 CFR 735-101, et seq. employee who seeks advice and guidance on questions of conflicts of interest and Planning Subpart A— General Provisions on other matters covered by th is PART 1703— EMPLQYEE RESPONSI § 1703.735-101 Purpose. regulation. BILITIES AND CONDUCT The maintenance of unusually high § 1703.735—104 Review o f statements of Pursuant to and in conformity with standards of honesty, integrity, impar employment and financial interests. sections 201 through 209 of Title 18 of tiality, and conduct by Government em Each statement of employment and the United States Code, Executive Order ployees and special Government employ financial interests submitted under this 11222 of May 8, 1965 (30 F.R. 6469), and ees is essential to assure the proper regulation shall be reviewed by the Gen-, Title 5,* Chapter I, Part 735 of the Code performance of the Government business eral Counsel or such other persons as he of Federal Regulations, Title 32 is and the maintenance of confidence by may designate, except the statement of amended by adding a new Part 1703. citizens in their Government. The avoid the General Counsel which shall be re ance of misconduct and conflicts of viewed by the Director. When this review This new Part 1703 supersedes OEP Reg. interest on the part of Government indicates a conflict between the interests 6 in Title 32A. This reprint includes employees and special Government em of an employee or special Government amendments reflecting amendments to ployees through informed judgment is employee of the Office of Emergency Part 735 of Title 5 (32 F.R. 8281). indispensable to the maintenance of Planning and the performance of his these standards. In accord with these services for the Government, the Gen Subpdrt A— General Provisions Sec. concepts the Office of Emergency Plan eral Counsel shall have the indicated 1703.735- 101 Purpose. ning’s regulations are set forth to cover conflict brought to the attention of the 1703.735- 102 Definitions. the employees and special Government employee or special Government em 1703.735- 103 Interpretation and advisory ployee, grant the employee or special service. employees of the Office of Emergency Government employee an opportunity to 1703.735- 104 Review of statements of em Planning with regard to prescribed explain the indicated conflict, and at ployment and financial standards of conduct and responsibili interests. tempt to resolve the indicated conflict. 1703.735-105 Disciplinary and other re ties, and statements for reporting em If the indicated conflict cannot be re medial action. ployment and financial interests. solved, the General Counsel shall for- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20723 ward a written report on the indicated (c) An employee shall avoid any ac that is not prohibited by law, the Execu conflict to the Director, Office of Emer tion, whether or not specifically pro tive order or this regulation. However, gency Planning. hibited by this subpart, which might an employee shall,not, either for or with § 1703.735—105 Disciplinary and other result in, or create the appearance of: out compensation, engage in teaching, remedial action. (1) Using public office for private lecturing, or writing that is dependent gain; on information obtained as a result of An employee or special Government (2) Giving preferential treatment to his Government employment, except employee of the Office of Emergency any person; when that information has been made Planning who violates any of the sec available to the general public or will be tions of this regulation may be disci (3) Impending Government efficiency or economy; made available on request, or when the plined. The disciplinary action may be in Director, Office of Emergency Planning addition to any penalty prescribed by (4) Losing complete independence or gives written authorization for the use law for the violation. In addtion to, or impartiality; of nonpublic information on the basis in lieu of, disciplinary action, remedial (5) Making a Government decision that the use is in the public interest. In action to end conflicts or appearances of outside official channels; or addition, an employee who is a Presi conflicts of interest may include but is (6) Affecting adversely the confidence dential appointee covered by section not limited to: of the public in the integrity of the 401(a) of the Executive order shall not (a) Changes in assigned duties; Government. receive compensation or anything of (b) Divestment by the employee or (d) An employee shall not solicit a monetary value for any consultation, lec special Government employee of his con contribution from another employee for ture, discussion, writing, or appearance flicting interest; or a gift to an official superior, make a donation as a gift to an official superior, the subject matter of which is devoted .(c) Disqualification for a particular or accept a gift from an employee re substantially to the responsibilities, pro assignment. grams, or operations of the Office of ceiving less pay than himself (5 U.S.C. Emergency Planning, or which draws Subpart B— Ethical and Other Con 7351). However, this paragraph does not substantially on official data or ideas duct and Responsibilities of Em prohibit a voluntary gift of nominal which have not become part of the body ployees value or donation in a nominal amount of public information. made on a special occasion such as mar (d) An employee shall not engage in §1703.735—201 G ifts, entertainment, riage, illness, or retirement. and favors. outside employment under a State or (e) An employee shall not accept a local government, except in accordance (a) Except as provided in paragraphs gift, present, decoration, or other thing with 5 CFR 734,101 et seq. (b) and (f) of this section, an employee from a foreign government unless au (e) This section does not preclude an shall not solicit or accept directly or in thorized by Congress as provided by the employee from: directly, any gift, gratuity, favor, enter Constitution and in 5 U.S.C. 7342. (f) Neither this section nor § 1703.735- (1) Participation in the activities of tainment, loan, or any other thing of national or State political parties hot monetary value, from a person who: 202 precludes an employee from receipt of bona fide reimbursement, unless pro prohibited by law. (1) Has or is seeking to obtain -conhibited by law, for expenses of travel (2) Participation in the affairs of or tractual or other business or financial acceptance of an award for a meritorious relations with the Office of Emergency and such other necessary subsistence as public contribution or achievement given Planning; ~ is compatible with this part for which no Government payment or reimbursement by a charitable, religious, professional, (2) Conducts operations or activities is made. However, this paragraph does social, fraternal, nonprofit, educational that are regulated by the Office of Emer not allow an employee to be reimbursed, and recreational, public service, or civic gency Planning; or or payment to be made in his behalf, for organization. (3) Has interests that may be sub excessive personal living expenses, gifts, § 1703.735—203 Financial interests. stantially affected by the performance or entertainment, or other personal bene nonperformance of his official duty. (a) An employee shall not: fits. It also does not allow an employee to (1) Have a direct or indirect financial (b) Exceptions to paragraph (a) of be reimbursed by a person for travel on this section are deemed necessary and interest that conflicts substantially, or official business under agency orders appears to conflict substantially, with his appropriate in view of the Office of when reimbursement is proscribed by Emergency Planning’s work and the du Government duties and responsibilities; Decision B-128527 of the Comptroller or des and responsibilities of its employees, General dated March 7,1967. «lese exceptions are limited to those (2) Engage in, directly or indirectly, a that: ' § 1703.735—202 Outside employment financial transaction as a result of, or (1) Govern obvious family or personal and other activity* primarily relying on, information ob relationships when the circumstances (a) An employee shall not engage in tained through his Government make it clear that it is those relationships outside employment or other outside ac employment. rather than the business of the persons tivity not compatible with the full and (b) This section does not preclude an factors^ w**ich are the motivating proper discharge of the duties and re employee from having a financial inter sponsibilities of his Government employ est or engaging in financial transactions (2) Permit acceptance of food and re ment. Incompatible activities include to the same extent as a private citizen freshments of nominal value on infre- but are not limited to: not employed by the Government so long quent occasions in the ordinary course (1) Acceptance of a fee, compensation, as it is not prohibited by law, the Execu oi a luncheon or dinner meeting or other gift, payment of expense, or any other tive order, or the regulation in this part. meetings or on an inspection tour where thing of monetary value in circumstances § 1703.735-204 Use of G overnment an empioyce may properly be in attend- ance; in which acceptance may result in or property. create the appearance of, conflicts of ihall Permit acceptance of loans froi An employee shall not directly or in interest; or directly use, or allow the use of, Govern cnlf or °^her financial institutions o (2) Outside employment which tends torms to finance proper an ment property of any kind, including to impair his mental or physical capacity property leased to the Government, for homo "Ctl?lties of employees, such g to perform his Government duties and other than officially approved activities. «orne mortgage loans; responsibilities in an acceptable manner. advP^Pemut accePtance of unsolicite An employee has a positive duty to pro (b) An employee shall not receive any tect and conserve Government property, tsulh îomg or Promotional materia salary or anything of monetary value Ws P6110*18» n°te pads,'caler including equipment, supplies, and other- from a private source as compensation property entrusted or issued to him. [sic v»w. othfr items of nominal intrin for his services to the Government (18 ■ and U.S.O-209). § 1703.735—205 Misuse, of information. (c) Employees are encouraged to en * °®«tee( S S o ? . by the c FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20724 RULES AND REGULATIONS provided in § 1703.735-202 (c), directly or disclosure of confidential information § 1703.735—303 Coercion. indirectly use, or allow the use of, official (18 U.S.C. 1905). information obtained through or in con A special Government employee shall (g) The provision relating to the ha not use his Government employment to nection with his Government employ bitual use of intoxicants to excess (5 ment which has not been made available U.S.C. 7352). coerce, or give the appearance of co to the general public. ercing, a person to provide financial ben (h) The prohibition against the mis efit to himself or another person, particu § 1703.735—206 Indebtedness. use of a Government vehicle (31 U.S.C. larly one with whom he has family, busi An employee shall pay each just finan 638a(c)). ness or financial ties. (i) The prohibition against the misuse' cial obligation in a proper and timely § 1703.735—304 Gifts, entertainment, manner, especially one imposed by law of the franking privilege (18 U.S.C. and favors. such as Federal, State, or local taxes. For 1719). the purpose of this section, a “just finan (j ) The prohibition against the use of (a) Except as provided in paragraph cial obligation” means one acknowledged deceit in an examination or personnel (b) of this section, a special Government by the employee or reduced to judgment action in connection with Government employee, while so employed or in con by a court, and “in a proper and timely employment (18 U.S.C. 1917). nection with his employment, shall not manner” means in a manner which the (k) The prohibition against fraud or receive or solicit from a person having Office of Emergency Planning determines false statements in a Government matter business with the Office of Emergency does not under the circumstances, reflect (18 U.S.C. 1001). Planning anything of value as a gift, gratuity, loan, entertainment, or favor adversely on the Government as his em (l) The prohibition against multilat- ployer. In the event of dispute between for himself or another person, particu ing or destroying a public record (18 larly one with whom he has family, busi an employee and an alleged creditor, this U.S.C. 2071). section does not require the Office of ness, or financial ties. (m) The prohibition against counter (b) Exceptions to paragraph (a) of Emergency Planning to determine the feiting and forging transportation re validity or amount of the disputed debt. this section for special Government em quests (18 U.S.C. 508). ployees are those applicable to employ § 1703.735—207 Gambling, betting, and (n) The prohibitions against (1) em ees under § 1703.735-201 (b). lotteries. bezzlement of Government money or property (18 U.S.C. 641); (2) failing to § 1703.735—305 Miscellaneous statutory An employee shall not participate, provisions. while on Government-owned or leased account for public money (18 U.S.C. property or while on duty for the Gov 643) ; and (3) embezzlement of the money Each special Government employee ernment, in any gambling activity in or property of another person in the shall acquaint himself with each statute cluding the operation of a gambling possession of an employee by reason of that relates to his ethical and other con device, in conducting a lottery or pool, his employment (18 U.S.C. 654). duct as a special Government employee in a game for money, or property, or in (o) The prohibition against unauthor of the Government. The attention of spe selling or purchasing a numbers slip or ized use of documents relating to claims cial Government employees is directed to ticket. However, this section does not pre from or by the Government (18 U.S.C. the statutory provisions listed in § 1703.- clude activities: 285). 735-209 that are applicable to special (p) The prohibitions against political Government employees. (a) Necessitated by an employee’s law activities in subchapter HI of chapter enforcement duties; or 73 of Title 5, United States Code and 18 § 1703.735—306 General provisions. (b) Under section 3 of Executive Order U.S.C. 602, 603, 607, and 608. Each special Government employee 10927 and similar activities approved by (q) The prohibition against an em ' shall adhere to the standards of con the Office of Emergency Planning. ployee acting as the agent of a foreign duct made applicable to employees by §1703.735—208 General conduct preju principal registered under the Foreign §§ 1703.735-203 through 1703.735-208. Agents Registration Act (18 U.S.C. 219). dicial to the Government. Subpart D— Statements of Employ An employee shall not engage in Subpart C——Ethical and Other Conduct ment and Financial Interests criminal, infamous, dishonest, immoral and Responsibilities of Special Gov § 1703.735—401 Form and content of or notoriously disgraceful conduct, or ernment Employees other c o n d u c t prejudicial to the statements. Government. § 1703.735—301 Use of Government em The statements of employment and ployment. § 1703.735—209 Miscellaneous statutory financial interests required under this provisions. A special Government employee shall subpart for use by employees and special not use his Government employment for Government employees shall contain the Each employee shall acquaint himself a purpose that is. or gives the appearance information required by the formats pre with each statute that relates to his of being, motivated by the desire for pri scribed by the General Counsel which ethical and other conduct as an employee vate gain for himself or another person, have been approved by the Civil Service of the Government. The attention of em particularly one with whom he has fam Commission. ployees is directed to the following ily, business, or financial ties. statutory provisions: § 1703.735—402 Employees required to (a) House Concurrent Resolution 175, ■ § 1703.735—302 Use of inside informa submit statements. 85th Congress, 2d Session, 72 Stat. B12, tion. Except as provided in § 1703.735-403 the “Code of Ethics for Government (a) A special Government employee the following employees shall submit Service.” shall not use inside information obtained statements of employment and financial (b) Chapter 11 of Title 18, United as a result of his Government employ interests: States Code, relating to bribery, graft, ment for private gain for himself or an (a) Employees paid at a level of the and conflicts of interest, as appropriate other person either by direct action on Executive Schedule in subchapter II of to the employees concerned. his part or by counsel, recommendation, (c) The prohibition against lobbying or suggestions to another person, partic Chapter 53 of Title 5, United States Code. with appropriated funds (18 U.S.C. 1913). ularly one with whom he has family, (b) Employees who are incumbents of (d) The prohibitions against dis business, or financial ties. For the pur the following positions: loyalty and striking (5 U.S.C. 7311, 18 pose of this section, “inside information” Assistant Directors U.S.C. 1918). means information obtained under Gov (e) The prohibition against the em ernment authority which has not become OFFICE OF THE DIRECTOR OF TELECOMMUNICA TIONS MANAGEMENT ployment of a member of a Communist part of-the body of public information. Director. organization (50 U.S.C. 784). (b) Special Government employees Associate Director, National Communications. (f) The prohibitions against (1) the may teach, lecture, or write in a manner Associate Director, Research and Technology- disclosure of classified information (18 not inconsistent with § 1703.735-202 (c) Associate Director, Frequency Management U.S.C. 798, 50 U.S.C. 783); and (2) the in regard to employees. Executive Assistant. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 RULES AND REGULATIONS 20725 ADMINISTRATION § 1703.735—405 Supplementary state as the Civil Service Commission or the Director of Administration. ments. Director of the Office of Emergency Chief, Financial Management Branch. Changes in, or additions to, the in Planning may determine for good cause Head, Audit Section. shown. Chief, Administrative Services Branch. formation contained in an employee’s Supervisor, Procurement and Property statement of employment and financial § 1703.735—410 Effect of employees’ Section. interests shall be reported in a supple statements on other requirements. mentary statement as of June 30 each EMERGENCY OPERATIONS OFFICE The statements of employment and year. If no changés or additions occur, a financial interests and supplementary Director. negative report is required. Notwith Chief, Government Readiness Division. statements required of employees are in standing the filing of the annual report addition to, and not in substitution for, Chief, Disaster Assistance Division. required by this section, each employee Chief, Special Facilities Division. or in derogation of, any similar require shall at all times avoid acquiring a fi ment imposed by law, order, or regula FIELD SERVICES nancial interest that could result, or Director. taking an action that would result, in a tion. The submission of a statement or Regional Directors. supplementary statement by an employee violation of the conflicts of interest pro does not permit him or any ot;her person PROGRAM PLA N N IN G AND EVALUATION visions of section 208 of Title 18, United. to participate in a matter in which his or Director. % States Code, or Subpart B of this part. the other person’s participation is pro INFORMATION § 1703.735—406 Interests of employees’ hibited by law, order, or regulation. Nor Director. ~4 relatives. Assistant Director. does it relieve any employee of the Office The interest of a spouse, minor child, of Emergency Planning of the responsi LIAISON bility to call to the attention of the Director. ^ or other member of an employee’s im mediate household is considered to be an Counselor or a Deputy Counselor any STAFF ASSISTANT FOR HEALTH interest of the employee. For the purpose of his employment or financial interests Staff Assistant for Health. of this section, “member of an employee’s which conflict substantially, or appear to conflict substantially, with his Govern GENERAL COUNSEL immediate household” means those blood relations who are residents of the em ment duties and responsibilities. General Counsel. ployee’s household. Deputy General Counsel. § 1703.735—411 Specific provisions of § 1703.735—407 Information not known regulations for special Government NATIONAL RESOURCE ANALYSIS CENTER by employees. employees. Director. If any information required to be in (a) Except as provided in paragraph Executive Assistant. (b) of this section, each special Govern Chief, Resource Evaluation Division. cluded on a statement of employment Deputy Chief, Resource Evaluation Division. and financial interests or supplementary ment employee shall submit a statement Chief, .Systems Evaluation Division. statement, including holdings placed in of employment and financial interests Deputy Chief, Systems Evaluation Division. trust, is not known to the employee but which reports: Chief, Materials Policy Eh vision. is known to another person, the em ( 1 ) All other employment ; and Deputy Chief, Materials Policy Division. ployee shall request that other person to (2) The financial interests of the Chief, Mobilization Plans Division. submit information in his behalf. special Government employee which are Chief, Economic Stabilization Division. relevant in light of the duties he is to § 1703.735—402a Employee’s complaint § 1703.735—408 Information' excluded. perform. on filing requirements. This subpart does not require an em (b) The requirements in paragraph Incumbents of positions listed in sec ployee to submit on a statement of (a) of this section for the submission of a tion 1703.735-402 may file a complaint employment and financial interests or statement of employment and financial stating that his position has been im supplementary statement any informa interests is waived for the following properly included under the provisions of tion relating to the employee’s connec special Government employees: the Regulation. All such complaints shall tion with, or interest in, a professional (1) Clerk-typists. be heard in accordance with grievance society or a charitable, religious, social, (2) Clerk-stenographers. procedures established under Chapter 12 fraternal, recreational, public service, (3) Clerk (Administrative Assistant). civil, or political organization, or a sim (4) Natural Disaster Specialists. of the Admifiistrative Manual (AM-5). ilar organization not conducted as a (c) Statements of employment and fi § 1703.735—403 Employees not required business enterprise. For the purpose of nancial interest required to be submitted to submit statements. this section, education and other institu under this section shall be submitted A statement of employment and finan tions doing research and development or not later than the time of employment cial interest is not required by this sub- related work involving grants of money of the special Government employee. from or contracts with the Government Each special Government employee shall Part from the Director, Office of Emer are deemed “business enterprises” and keep his statement current throughout gency Planning, who is subject to sepa are required to be included in an em his employment with the Office of Emer rate reporting requirements under sec ployee’s statement of employment and gency Planning by the submission of tion 401 of the Executive order, nor from financial interest. supplementary statements. Special Gov employees not covered by § 1703.735-402. § 1703.735—409 Confidentiality of em ernment employees required to submit ployees’ statements. statements of employment and financial § 1703.735—404 Time and place for interests under this section shall also submission of employees’ statements. (a) The Office of Emergency Planning be subject to the provisions of §§ 1703.- An employee required to submit a will hold each statement of employment 735-406, 1703.735-408, 1703.735-409, and statement of employment and financial and financial interests, and each sup 1703.735-410. plementary statement, in confidence. To This part was approved by the Civil Interests under this subpart shall sub insure this confidentiality, only the Gen Service Commission on November 29, mit that statement to the Office of the eral Counsel is authorized to retain the 1967, and is in accord with amended General Counsel not later than: statements. Commission regulations on Employee (a) If employed on or before the effec (b) The General Counsel is responsible Responsibilities and Conduct published tive date of this part, no later than 30 for maintaining the statements in con in the F ederal R egister of June 9, 1067 days after the effective date of this part. fidence and shall not allow access to, or (5 CFR 735.101 et seq.). allow information to be disclosed from a (b) If appointed after that effective This Part 1703 supersedes OEP Reg. statement except to carry out the pur 6 which was published in the F ederal date, within 30 days after his entrance on pose of this part. Information from a R egister on April 8, 1966. OET Reg. 6 is duty. statement may not be disclosed except hereby revoked. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20726 RULES AND REGULATIONS Effective date. This Part 1703 shall be come effective upon publication In the F ederal R egister. Dated: December 19, 1967. P rice D aniel, Director, Office of Emergency Planning. [F.R. Doc. 67-14895; Filed, Dec. 21, 1967; 8:50 a.m.] Title 32A— NATIONAL DEFENSE, | APPENDIX Chapter I— Office of Emergency Planning OEP REG. 6— EMPLOYEE RESPONSI BILITIES AND CONDUCT Cross R eference: For a document superseding the material in Title 32A, Chapter I, OEP Reg. 6, see F,R. Doc. 67-14895, Title 32, Chapter XVII, Part 1703, supra. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20727 Proposed Rule Making terprise, by the proprietor or all the partners, or by all the partners owning an interest in owning an interest in such enterprise at any such enterprise on the date on which the DEPARTMENT OF THE TREASURY time on or after the first day of the first revocation is made. Such enterprise shall not Interna! Revenue Service taxable year to which the election applies or be considered a domestic corporation for any of the year described in subsection (f), to be period on or after the effective date of such [ 26 CFR Part 1 1 subject to the taxes described in subsection revocation. A revocation under this para (h) as a domestic corporation for such year graph shall be made in such manner as the INCOME TAX and subsequent years. No election (other Secretary or his delegate may prescribe by than an election referred to in subsection regulations. Unincorporated Business Enterprises (f)) may be made under this subsection after (2) Termination. If a revocation under Taxed as Domestic Corporations the date of the enactment of this sentence. paragraph (1) of an election under subsec * ' afs * * ❖ tion (a) with respect to any unincorporated Notice is hereby given that the regu business enterprise is not effective on or lations set forth in tentative form below (c) Corporate provisions applicable. Under before December 31, 1968, such election shall are proposed to be prescribed by the regulations prescribed by the Secretary or his terminate on January 1, 1969, and such en delegate, an unincorporated business enter terprise shall not be considered a domestic Commissioner of Internal Revenue, with prise as to which an election has been made the approval of the Secretary of the corporation for any period on or after under subsection (a) , shall be considered a January 1, 1969. Treasury or his delegate. Prior to the corporation for purposes of this subtitle, ex final adoption of such regulations, con cept chapter 2 thereof, with respect to opera [Sec. 1361 as amended by sec. 7(h), Self- sideration will be given to any com tion, distributions, sale of an interest, and Employed Individuals Tax Retirement Act ments or suggestions pertaining thereto any other purpose; and each owner of an in 1962 (76 Stat. 829); sec. 225(k) (5) , Rev. Act which are submitted in writing, in dupli terest in such enterprise shall be considered 1964 (78 Stat. 94) ; sec. 4, Act of Apr. 14, 1966 a shareholder thereof in proportion to his (Public Law 89-389, 80 Stat. 115) ] cate, to the Commissioner of Internal interest. Revenue, Attention: CC:LR:T, Washing Par. 2. Paragraph (a) (1) of § 1.1361-1 ton, D.C. 20224, within the period of 30 * * * ♦ * is amended to read as follows : days from the date of publication of this (e) Election irrevocable. Except as pro vided in subsections (f) and (n), the elec § 1.1361—1 Unincorporated business en notice in the F ederal R egister. Any tion, described in subsection (a) shall be terprises electing to be taxed as do written comments or suggestions not .irrevocable— mestic corporations. specifically designated as confidential in (1) With respect to an enterprise as to accordance with 26 CFR 601.601(b) may which such election has been made and the (a) General rule. (1) Section 1361 be inspected by any person upon written proprietor or partners of such enterprise; provides that, if certain qualifications request. Any person submitting written and are met, the proprietor or the partners of comments or suggestions who desires an (2) Any unincorporated successor to the an unincorporated enterprise engaged in opportunity to comment orally at a pub business of such enterprise and the proprietor the operation of a trade or business may lic hearing on these proposed regulations or partners of such successor. elect to have the enterprise treated as a should submit his request, in writing, to * * * * * domestic corporation subject to (i) the the Commissioner within the 30-day pe (1) Personal holding company income—(1) normal tax and surtax imposed by sec riod. In such case, a public hearing will Excluded from income of enterprise. There tion 11 (including any additional tax be held, and notice of the time, place, shall be excluded from the gross income of imposed by section 1562(b) ), (ii) the ac the enterprise as to which an election has cumulated'earnings tax imposed by sec and date will be published in a subse been made under subsection (a) any item of quent issue of the F ederal R egister. The gross income (computed without regard to tion 531, and (iii) the alternative tax for proposed regulations are to be issued un the adjustments provided in section 543(b) capital gains imposed by section 1201 (a). der the authority contained in section (3) or (4)) if, but for this paragraph, such An election made under section 1361 7805 of the Internal Revenue Code of item (adjusted, where applicable, as provided shall apply to the taxable year for which 1954 (68A stat. 917; 26 U.S.C. 7805). in section 543(b) (3) or (4)) would consti made and to all subsequent taxable years, tute personal holding company income (as except as provided in paragraph Ob) of [seal] Sheldon S. Cohen, defined in section 543 (a)) of such enterprise. § 1.1361-16 (relating to termination of Commissioner of Internal Revenue. (2) Income and deductions of owners. all elections on January 1, 1969). An Items excluded from the gross income of the election made under section 1361 shall be In order to conform the Income Tax enterprise under paragraph (1), and the ex Regulations (26 CFR Part 1) under sec penses attributable thereto, shall be treated irrevocable except as provided in § 1.1361- tion 1361 of the Internal Revenue Code as the income and deductions of the pro 15 and paragraph (a) of § 1.1361-16. of 1954 to section 4 of the Act of April 14, prietor or partners (in accordance with their See, however, paragraph (b) of § 1.1361-5 1966 (Public Law 89-389, 80 Stat. 115), distributive shares of partnership income) of for effect of ceasing to conduct the such regulations are amended as follows: such enterprise. business of the enterprise in an unin Paragraph 1. Section 1361 of section (3) Distributions. If— corporated form, and § 1.1361-6 for ef 1.1361 is amended by revising subsec (A) The amount excluded from gross in fect of a change of ownership. An elec tions (a), (c), (e), and (i), by deleting come under paragraph (2) exceeds the ex tion may be made only with respect to penses attributable thereto, and taxable years of a proprietor or partner subsection (m), by adding a subsection (B) Any portion of such excess is dis (n), and by revising the historical note. tributed to the proprietor or partner during ship beginning after December 31, 1953, These amended and added provisions the year earned, and ending after August 16, 1954. How read as follows: ever, an election may not be made after such portion shall not be taxed as a corporate April 14, 1966, except as provided in §1.1361 Statutory provisions; unincor distribution. The portion of such excess not distributed during such year shall be con section 1361(f) and paragraph (b) of porated business enterprises electing sidered as paid-in surplus or as a contribu § 1.1361-6, relating to an election after to be taxed as domestic corporations. tion to capital as of the close of such year. change of ownership. Sec. 1361. Unincorporated business enter ***** * 0 * * * prises electing to be taxed as domestic corpo rations—(a) General rule. Subject to the (m) [Deleted] P ar. 3. Section 1.1361-5 is amended to qualifications in subsection (b), an election (n) Revocation and termination of elec read as follows : “ Ay be made, in accordance with regulations tions—(1) Revocation. An election under § 1.1361—5 Election irrevocable. Prescribed by the Secretary or his delegate, subsection (a) with respect to an unincor tn vo^€r ^ an 60 days after the close of any porated business enterprise may be revoked ( a Conducting of business in un able, year of a proprietorship or partner- after the date of the enactment of this sub incorporated form. Except as provided in. P owning an unincorporated business en section by the proprietor of such enterprise § 1.1361-6 (relating to effect of change FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20728 PROPOSED RULE MAKING of ownership), § 1.1361-15 (relating to an actual corporation after April 14, occurs and if no new election is made, revocation of election within stated pe 1966, the transaction may be treated as then the section 1361 corporation and riod of time), and § 1.1361-16 (relating a reorganization within the meaning of its owners shall be treated as if the cor to revocation of election after Apr. 14, section 368(a)(1) (C), (D), or (F). In poration had distributed its assets in a 1966, and termination of all elections on such a case, the transfer of the assets complete liquidation on thé first day of Jan. 1, 1969), an election made under to the actual corporation shall be treated the corporation’s taxable year in which section 1361(a) is irrevocable so long as as a transfer made by the section 1361 the change of ownership occurs. The the business of. the enterprise is con corporation to the actual corporation effect of the liquidation on the owners ducted in an unincorporated form. A which is immediately followed by a trans shall be determined under the provisions section 1361 corporation, and any un fer of all of the assets and liabilities of of sections 331, 334(a) and, inappropri incorporated successor to the business the section 1361 corporation to the ate cases, 341. If the enterprise is a pro thereof, shall be taxable as a domestic owners in exchange for their stock in prietorship, then as of the first day of corporation for the taxable year with the section 1361 corporation, with the such taxable year, the owner shall be respect to which the election is made and consequences to the owners determined treated as if he had used the assets for all subsequent taxable years, and the under the provisions of section 354, 355, deemed received in liquidation, in the proprietor or partners of the enterprise or 356. In the case of a partnership conduct of an unincorporated business. shall be treated as corporate shareholders which retains some of the assets or lia Accordingly, any transfer by him during for the same period. The election applies bilities following a transfer of assets to such taxable year shall be treated as a not only to the original enterprise and an actual corporation which, is treated sale or other disposition of assets of the its owner or owners but also to any un as a reorganization, the partners who are business. If the enterprise is a partner incorporated successor to the business of treated as shareholders of the section ship, then the partners shall be treated as the original enterprise and to the owner 1361 corporation shall, nevertheless, be if they had contributed the assets deemed or owners of such successor. For example, treated as having received all of the as received in liquidation to a new partner the termination of a partnership under sets and liabilities of the section 1361 ship as of the moment such assets were applicable local law and the transfer of corporation in exchange for their stock deemed received. Accordingly, any trans the business to a hew partnership does in the section 1361 corporation, imme fer of an owner’s interest during such not terminate the election unless a diately followed by a contribution of taxable year shall be treated as a sale change of ownership occurs (as described such retained assets or liabilities to a or other disposition of a partner’s inter in paragraph (a) (2) of § 1.1361-6) and new partnership. The provisions of this est in a partnership, and any transfer of no new election is made. subparagraph may be illustrated by the the enterprise’s property during such (b) Effect of ceasing to conduct busi following example: taxable year shall be treated as a sale or ness in an unincorporated form— (1) Example. A and B are partners, each own other disposition of property by a part Transactions prior to April 15, 1966. Ex ing a one-half interest in the profits and nership. cept as provided in paragraph (a) of capital of X, a section 1361 corporation. A (2) Transactions occurring after April this section, an election made under sec and B desire to operate their business enter 14, 1966. In transactions occurring after tion 1361 continues so long as the busi prise in the form of an actual corporation April 14, 1966, a section 1361 corpora ness of the enterprise is conducted in an rather than in the form of a section 1361 corporation. X has accumulated earnings tion shall be considered a corporation unincorporated form. If the owners cease and profits, and the fair market value of its and its owners shall be considered share conducting the business of. the enterprise property exceeds its adjusted basis. X and holders for purposes of parts HI and IV, in an unincorporated form before the owners, A and B, adopt a plan providing subchapter C, chapter 1 of the Code, re April 15, 1966, the election terminates that, after April 14, 1966, all of the assets of lating to 'corporate organizations and and the assets of the enterprise are X are to be transferred to, and all of the reorganizations, and to insolvency re deemed to have been distributed to the liabilities of X are to be assumed by, an organizations. See § 1.1361-12. Therefore, owners in a complete liquidation of the actual corporation, Y, in exchange for all of the common stock of Y. Immediately after if during a taxable year of a section 1361 section 1361 corporation. The effect of such exchange, X will transfer all of the corporation in a transaction occurring the liquidation on the owners shall be common “stock of Y to A and B, in equal after April 14, 1966, a change of owner determined under the provisions of sec shares and in exchange for their “stock” ship occurs and if no new election is tions 331, 334(a) and, in appropriate in X. made, the section 1361 corporation and cases, 341. Therefore, if a substantial The transaction is consummated after its owners may be treated as if the cor part of the business is transferred to an April 14, 1966, in accordance with the plan. poration had distributed its assets in a actual corporation before April 15, 1966, It qualifies as a reorganization under section 368(a)(1)(F). Assuming that the nature complete liquidation on the first day of the transaction shall be treated as if and amount of the liabilities assumed by Y the corporation’s taxable year in which immediately before the transfer all of the do not make the provisions of section 357 the change of ownership occurs, as pro assets of the enterprise had been dis (b) or (c) applicable, no gain is recognized vided in subparagraph (1) of this para tributed to the owners in a complete as a result' of the exchanges, pursuant to graph. However, a change of ownership liquidation. Accordingly, the transfer of sections 1032, 361, and 354. The basis of the which occurs after Abril 14, 1966, and the assets to the actual corporation shall property acquired by Y is the same as its which is followed by a transfer to an be treated as a transfer made by the basis was in the hands of X, pursuant to other corporation of all or part of the as owners in their individual capacities im section 362(b). The basis of the Y stock acquired by A and B is the same as their sets of the section 1361 corporation (as, mediately after the liquidation. basis was for their stock in X, pursuant to for example, where a corporation is the (2) Transactions after April 14, 1966.section 358(a). The taxable year of X does new owner), or which is preceded by such In transactions occurring after April 14, not end as a result of the transaction, and a transfer, may have the effect of the 1966, a section 1361 corporation shall be Y succeeds to and takes into account, as distribution of a dividend or a transac considered a corporation and its owners of the close of the day of the transfer from tion in which no loss is recognized and shall be considered shareholders for pur X, various items of X as provided in section gain is recognized only to the extent of poses of parts III and IV, subchapter C, 381 for transfers in connection with a reor ganization described in section 368(a) (1) (F). “other property.’’ See sections 301 and chapter 1 of the Code, relating to cor 356. porate organizations and reorganiza P ar. 4. Paragraph (c) of § 1.1361-6 is ***** tions, and to insolvency reorganizations. am ended to read as follows ^ See § 1.1361-12. Therefore, if the owners P ar. 5. Paragraph (a) (4) of § 1 J.361-9 cease conducting the business of the § 1.1361—6 Change of ownership of 20 Is amended to read as follows: enterprise in an unincorporated form percent or more. * * * * * § 1.1361—9 Computation of taxable in after April 14, 1966, the section 1361 cor come. poration and its owners may be treated (c) Failure to make new election after as if the corporation had distributed its change of ownership—(I) Transactions (a) Ingenerai. * * * asséts in complete liquidation, as pro occurring before April 15, 1966. If during (4) Unless a section 1361 corporation vided in subparagraph (1) of this para a taxable year of a section 1361 corpora is a party to a reorganization (within graph. However, if there is a transfer of tion, in a transaction occurring before the meaning of section 368(b)) as a re assets of a section 1361 corporation to April 15, 1966, a change of ownership sult of a transaction occurring after FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 PROPOSED RULE MAKING 20729 April 14,. 1966, any carryover or carry from the business shall be treated as a (b) (2) and (3) of § 1.1361-5, paragraph back of an item of the corporation (such distribution which is not in partial or (c) (2) of § 1.1361-6, paragraph (a) (4) as a carryover or carryback under sec complete liquidation of the corporation. of § 1.1361-9, paragraph (c) (2) of tion 170, 172, or 1212) attributable to a (2) A liquidation by a section 1361 § 1.1361-11, and paragraphs (a) and (b) taxable year to which section 1361 ap corporation in a transaction occurring of § 1.1361-16. plies may be carried over or carried back after April 14, 1966, which is followed by P ar. 8. The following new section is only to another taxable year of such cor a transfer to another corporation of all added immediately after § 1.1361-15: poration and then may be used solely in or part of the assets of the section 1361 § 1.1361—16 Revocation and termination computing the taxable income of. such corporation or which is preceded by such of elections. corporation. Similarly, any carryover or a transfer may have the effect of the dis carryback arising out of the conduct of tribution of a dividend or of a transac (a) Revocation of election after the business enterprise in a year to tion in which no loss is recognized and April 14, 1966—(1) Manner of revoking. which section 1361 is not applicable may gain is recognized only to the extent of An election under section 1361(a) with not be carried over or carried back to “other property.” See sections 301 and respect to an unincorporated business the corporation for a year to which sec 356. enterprise may be revoked after April 14, tion 1361 applies, but should be carried P ar. 7. Section 1.1361-12 is amended 1966, and before January 1, 1969, in ac over or carried back by the owners in to read as follows: cordance with the provisions of this sub- computing their individual income tax paragraph. An election may be revoked § 1.1361—12 Organizations and reorga by filing a statement that the proprietor liabilities. However, if a section 1361 nizations. corporation is a party to a reorganiza or partners, as the' case may be, re tion (with the meaning of section (a) Transactions occurring before voke the election under section 1361(a) 368(b)) as a result of a transaction oc April 15, 1966—(1) General rule. In to have the unincorporated business curring after April 14, 1966, see section transactions occurring before April 15, enterprise treated as a domestic cor 381 and the regulations thereunder for 1966, except as provided in subpara poration. The statement of revocation the rules relating to carryovers in certain graphs (2) and (3) of this paragraph, a shall be filed on or before December 31, corporate acquisitions. section 1361 corporation shall not be con 1968, with the internal revenue officer sidered a corporation nor shall its owners with whom the enterprise would be re * * * * * be considered shareholders for purposes quired, to file its income tax return if it Par. 6. Section 1.1361-11 is amended of parts III and IV, Subchapter C, chap were an actual corporation for the tax to read as follows: ter 1 of the Code, relating to corporate able year during which the statement is § 1.1361—11 Distributions in liquidation. organizations and reorganizations, and file'1 (see section 6091(b)(2)). Such to insolvency reorganizations. statement of revocation shall set forth (a) General rule. A section 1361 cor (2) Contributions to capital. In any the names and addresses of, and shall poration may make distributions to its case where gain or loss would be recog be signed by, the proprietor of, or all of owners in complete or partial liquidation nized upon the contribution of property the partners owning a profit or capital of the corporation. In addition, the fail constituting either paid-in surplus or a interest in, the enterprise on the date on ure to continue conducting the business contribution to capital by a sharéholder which the revocation is filed. The state- of the enterprise in an unincorporated to a corporation, gain or loss shall be rrient must state the name, address, and form, or the failure to make a new elec recognized upon a similar contribution employer identification number under tion after a change of ownership, may to a section 1361 corporation. For ex which the income tax returns of the result in a liquidation of the section 1361 ample, in a case where a shareholder in section 1361 corporation were filed for corporation. See paragraph (b) of an actual corporation would recognize the prior taxable years during which the § 1.1361-5, and paragraph (c) of gain under section 357 on a transfer of election was applicable, and the internal § 1.1361-6. The effect of such distribu property, an owner of a section 1361 cor revenue officer with whom such returns tions shall be determined in accordance poration shall also recognize gain in a were filed. The revocation shall be effec with the appropriate provisions of part similar transaction. tive on the date on which the statement n, subchapter C, chapter -1 of the Code, (3) Elections made for first taxable of revocation is filed (see section 7502 and the regulations thereunder. See, year of an enterprise. In any case in and the regulations thereunder) unless however, paragraph (c) of this section. Which the election under section 1361(a) the statement of revocation specifies a (b) Requirement of a written plan. is made with respect to the first taxable later effective date, in which case the Except as provided in paragraph (b) of year of an unincorporated enterprise, the revocation shall be effective on such later § 1.1361-5, paragraph (c) of §1.1361-6, appropriate provisions of part HI, sub date. However, no date after Decem and paragraphs (a) and (b) of § 1.1361- chapter C, chapter 1 of the Code, shall ber 31, 1968 may be specified as the 16, a section 1361 corporation shall not be applicable with respect to its initial effective date. A revocation under this be considered to have made a distribu organization. For example, for the pur subparagraph is binding and may not be tion in partial or complete liquidation, pose of determining whether gain or loss withdrawn. or a distribution in redemption of stock, is recognized upon the organization of (2> Effect of revocation. The section unless prior to the date of the distribu the enterprise, the provisions of section 1361 corporation and its owners shall be tion the corporation adopts a written 351 and section 357 shall be applicable treated as if the corporation had dis plan providing .for such liquidation or as if the owners had contributed prop tributed its assets in a complete liquida redemption. Moreover, the requirements erty or services in exchange for cor tion on the effective date of the revoca of section 6043 (relating to information porate stock. tion made pursuant to subparagraph (1) returns) and paragraph (d) of § 1.331-1 (b) Transactions occurring after April of this paragraph. The effect of the liqui (relating to returns of shareholders) 14, 1966. In transactions occurring after dation on the owners shall be determined must be complied with. April 14, 1966, a section 1361 corpora under the provisions of sections 331, 334 (c) Distributions not treated as liqui tion shall be considered a corporation (a) and, in appropriate cases, 341 or 333 dating distributions—(1) Except as pro and its owners shall be considered and 334(c). (However, a liquidation vided in paragraphs (a) and (b) of shareholders for purposes of parts m which is followed by a transfer to an § 1.1361-16, distributions by a section and IV, subchapter C, chapter 1 of the other corporation of all or part of the 1361 corporation shall not be treated as Code, relating to corporate organizations assets of the liquidating corporation or distributions in liquidation under part H, and reorganizations, and to insolvency which is preceded by such a transfer may subchapter C, chapter 1 of the Code, if reorganizations. Thus, a section 1361 have the effect of the distribution of a the owner or owners use the assets re corporation may be a “party to a re dividend or of a transaction in which no ceived in the distribution to conduct sub organization” within the meaning of sec loss is recognized and gain is recognized stantially the same business in an unin tion 368(b) in a transaction occurring only to the extent of “other property.” corporated form as that condücted by after April 14, 1966. However, it may See sections 301 and 356.) If an effective the corporation. In such a case, the sec not be a party to a reorganization de revocation is made pursuant to subpara tion 1361 corporation shall continue in scribed in subparagraph (A), (B), or graph (1) of this paragraph, the provi existence and any withdrawal of assets (E) of section 368(a) (1). See paragraph sions of paragraph (c) (1) of § JL. 1361-11 No. 247-----5 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20730 PROPOSED RULE MAKING are not thereafter applicable to the busi The purposes of the proposed revision supplied-air respirators to be submitted ness enterprise, and the requirement of are to bring up-to-date the regulations in accordance with the regulations of a written plan contained in paragraph to incorporate provision for technologic this part. No charge is made for such (b) of § 1.1361-11 is not applicable in advances in the design and construction consultation and no written report order for the section 1361 corporation to of supplied-air respirators, to provide for thereof will be made to the applicant. be considered to have made a distribu a greater variety of equipment to better (b) Application. No investigating or tion in complete liquidation resulting meet new environmental conditions, to testing (including retesting of a respira from the revocation. However, the re provide for combination purpose equip tor that has been previously tested and quirements of section 6043 (relating to ment, and to make certain adminis disapproved) will be undertaken here information returns), paragraph (d) of trative procedures and requirements under by the Bureau except pursuant to § 1.331-1 (relating to returns of share consistent with those of other, parts. a written application, in duplicate, ac holders), and, in appropriate cases, the In accordance with the policy of the companied by all drawings, specifica regulations under section 333 (relating Department of the Interior, interested tions, descriptions, and related matters to complete liquidations in some one persons may submit written comments, and also a check, bank draft, or money calendar month) must be complied with. suggestions, or objections with respect to order, payable to the Bureau of Mines to (b) Termination of all elections on the proposed amendment of the regula cover the fees. The application and all January 1, 1969. If any election under tions to the Director, Bureau of Mines, related matters and correspondence con section 1361(a) with respect to an unin Interior Building, Washington! D.C. cerning it shall be addressed to the Bu corporated business enterprise would be 2024Q, within 30 days after the date of reau of Mines, Health and Safety Re effective on January 1, 1969, without re publication in the F ederal R egister. search and Testing Center, 4800 Forbes gard to paragraph (2) of section 1361 (n) Avenue, Pittsburgh, Pa. 15213, Attention: Walter R. Hibbard, Jr., Approval and Testing. and the provisions of this paragraph, Director, Bureau of Mines. such election shall terminate on January * * * * * 1,1969. The section 1361 corporation and Part 12 of Chapter 1 of Title 30 would be amended as follows; (d) Drawings and specifications re its owners shall be treated, as if the cor quired. (1) Drawings, specifications, and poration had distributed its assets in a 1. A new paragraph (e) is added to § 12.2 as follows: descriptions shall be adequate in detail complete liquidation on January 1, 1969. to identify fully all components and sub- The effect of the liquidation on the own § 12.2 Types of supplied-àir respirators. assemblies and the assembled respirator. ers shall be determined under the provi * * * * * All drawings shall include title, number, sions of sections 331 and 334(a)». (How (e) Types A, AE, B, BE, C, or CE resand date; any revision dates shall be ever, a liquidation which is followed by pirator in combination with another type shown on the drawings and the purpose a transfer to another corporation of all of respiratory protective device. (1) A of each revision shall be shown on the or part of the assets of the liquidating respirator of this type may consist of a drawings or described in an attachment corporation or which is preceded by such supplied-air respirator in combination to the drawing to which it applies. a transfer may have the effect of the with a self-contained breathing appa (2) Duplicate sets of detailed drawings distribution of a dividend or of a trans ratus or with an air-purifying respirator and specifications shall be a part of the action in which no loss is recognized and such as a gas mask, dispersoid respirator, application. These shall fully describe gain is recognized only to the extent of or chemical-cartridge respirator. A com the construction, dimensions, composi “other property.” See sections 301 and bination supplied-air respirator and self- tion, materials, finishes, and assembly of 356.) The provisions of paragraph (c) contained breathing apparatus which all parts of the respirator. (1) of §1.1361-11 are not applicable to meets the applicable requirements of this (3) The application shall state that, a business enterprise with respect to part and of Part 11 of this chapter may when tested by the applicant or his test which an election has been terminated be worn in atmospheres immediately- ing agency, the respirator has met the under this paragraph. The requirements harmful to life. A combination supplied- pertinent requirements of this part. Two of section 6043 (relating to information air respirator and air-purifying respira copies of the results of the applicant’s returns) and-paragraph (d) of § 1.331-1 tor which meets the requirements of this inspections and tests shall accompany (relating to returns of shareholders) part and of other applicable parts will the application. must be complied with. not be approved to be worn in atmos (4) The application shall state that [F.R. Doc. 67-14869; Filed, Dec. 21, 1967; pheres which exceed the limitations pre the respirator, is completely developed 8:47 a.m.] scribed by the Bureau for use of the air- and is a finished marketable product. purifying respirator. (5) The application shall describe the (2) Respiratory protective devices function of the respirator and the opera combining the characteristics of a sup tion of its parts. DEPARTMENT OF THE INTERIOR plied-air respirator and another type of (e) Control-test requirements. The respiratory protective device shall meet application shall state how production Bureau of Mines the requirements of this part as well as items will be tested to maintain quality [ 30 CFR Part 12 ] the requirements of any other part which control of the respirator and its compo is applicable to the total purpose of the nent parts. The Bureau may have its [ Bureau of Mines Schedule 19B] device for which approval is sought. The qualified representative (s) inspect the SUPPLIED-AIR RESPIRATORS approval, if granted, will be issued under applicant’s control-test methods, equip- the other applicable part(s). The Bureau nent parts. The Bureau may have its Procedures for Investigation, Tests, will specify, in the certificate of approval the personnel who conduct the control Certification, Approval, and Fees and on the approval label, the limita tests, at all reasonable times. tions which shall apply to the use of (f) Material required for approval Pursuant to section 4 of the Adminis the combination respiratory protective testing. When the Bureau notifies the trative Procedure Act (60 Stat. 238; 5 device. applicant that the application has been U.S.C. 1003), notice is hereby given that 2. Paragraphs (a),'(b), (d), (e), (f), accepted, it will also inform him of the under authority contained in the Act of (g), (h), and (i) of §12.4 are amended number of complete respirators and May 16, 1910 (35 Stat. 370; 30 U.S.C. 3, as follows: extra parts that will be required for test 5, and 7), as amended, it is proposed to ing. All test materials shall be delivered amend the regulations issued as Part 12 § 12.4 Conditions under which supplied- (charges prepaid) to the Bureau of of Chapter I, Title 30, Code of Federal air respirators will be tested. Mines, Health and Safety Research and Regulations. The current regulations (a) Consultation. By appointment, ap Testing Center, 4800 Forbes Avenue, were adopted on April 19, 1955 (20 F.R. plicants or their representatives may Pittsburgh, Pa. 15213, Attention: Ap 2564), were amended November 6, 1963 visit the Bureau’s Health and Safety Re proval and Testing. (28 F.R. 12120, Nov. 14, 1963) , and the search and Testing Center, 4800 Forbes (g) Bate for conducting tests. The fees were revised on March 23, 1965 (30 Avenue, Pittsburgh, Pa. 15213 to discuss date of acceptance of an application will F.R.3752). with qualified Bureau personnel proposed determine its order of precedence for in- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 PROPOSED RULE MAKING 20731 vestigation and testing. The applicant, and hose length. The air-flow rate and re To meet the requirements of this test if he so specifies, will be notified of the sistance to inhalation shall be measured while the demand or pressure-demand valve no odor of the test gas or vapor shall be date when tests on his respirator will is actuated 20 times per minute by a source detected in the air breathed, and undue begin. If a respirator fails to meet any of intermittent suction. The maximum rate discomfort and encumbrance shall not of the requirements, it shall lose its order of flow to the respiratory-inlet covering shall be experienced because of the fit, air of precedence. If the application is resub not exceed 425 liters (15 cubic feet) per delivery, or other features of the res mitted, after the cause of failure has minute under the specified operating con pirator. been corrected, it will be treated as a new ditions. (i) Types A and AE supplied-air res application. 5. In Table 1, Air-Supply-Line Re pirators. (a) The complete respirator will (h) Conduct of investigations, tests, quirements and Tests, under paragraph be worn in a chamber containing 1±0.25 and demonstrations. (1) Prior to the is (f) of § 12.57 the Air-regulating valve percent ammonia in air. The blower, in suance of a certificate of approval, only requirements for Type C supplied-air take of the hose, and not more than 25 Bureau personnel representatives of the respirators are amended to read as percent of the hose length shall be applicant, and such other persons as follows: located in ammonia-free air. may be mutually agreed upon, may ob If an air-regulating valve is provided, it (b) The man in the ammonia atmos serve the investigations or tests. The shall be so designed that it will remain at phere will draw his inspired air through Bureau shall hold as confidential, and a specific adjustment, which will not be the hose, connections, and all parts of shall not disclose, principles or patent- affected by the ordinary movement of the the air device by means of his lungs alone able features prior to certification. It wearer. The friction developed between the (blower not operated). shall not disclose any analyses, nor any packing and a valve stem will not be con details of the applicant’s drawings, speci sidered as meeting this requirement. (c) The 10-minute work test will be fications, and related material. The con The valve must be so constructed that the repeated with the blower in operation duct of all such investigations, tests, and air supply with the maximum length of hose at any practical speed up to 50 revolu demonstrations shall be under the sole and at the minimum specified air-supply tions of the crank per minute. pressure will not be less than 115 liters (4 (ii) Types B and BE supplied-air res direction and control of the Bureau. Any cubic feet) of air per minute to tight-fitting other persons shall be present only as and 170 liters (6 cubic feet) of air per minute pirators. (a) The complete respirator observers or as required under subpara to loose-fitting respiratory inlet coverings for will be worn in a chamber containing graph (3) of this paragraph. any adjustment of the valve. 0.1±0.025 percent iso-amyl acetate vapor. (2) After the issuance of a certificate If a demand or pressure-demand valve re The intake of the hose, and not more places the air-regulating valve, it shall be than 25 percent of the hose length shall of approval, the Bureau may conduct connected to the air supply at the maxi be located in iso-amyl acetate free air. such public demonstrations and tests of mum air pressure for which approval is the approved device as it deems sought by means of the minimum length of (b)' The man in the chamber will draw appropriate. air-supply hose for which approval is sought. his inspired air through the hose and (3) When requested by the Bureau, The outlet of the demand or pressure-de connections by means o f his lungs alone. the applicant shall t provide assistance mand valve shall be connected to a source (iii) Types C, continuous-flow class, in assembling or disassembling the res of intermittent suction so that the demand and CE supplied-air respirators. The or pressure-demand valve is actuated ap complete respirator will be worn in a pirator and its components, subassem proximately 20 times per minute for a total blies, or assemblies for testing, and in of 100,000 inhalations. To expedite this test, chamber containing 0.1±0.025 percent operating the respirator during the tests. the rate of actuation may be increased if iso-amyl acetate vapor. The intake of the hose shall be connected to suitable source (4) Applicants shall be responsible mutually agreeable to the applicant and the Bureau. During this test the valve shall of respirable air. Not more than 25 per for their representatives present during function without failure and without exces cent of the hose length shall be located tests and for observers admitted at their sive wear of the moving parts. outside the chamber. The minimum flow request and shall save the Government The demand or pressure-demand valve of air required to maintain a positive harmless in the event of damage to appli shall not be damaged in any way when sub pressure in the respiratory-inlet covering cant’s property or injury to applicant’s jected at the outlet to a pressure or suction of 10 inches of water gage for 2 minutes. throughout the entire breathing cycle representatives or to observers admitted will be supplied to the wearer, provided at their request. 6. .Subparagraph (2) of paragraph (j) that this flow is not less than 115 liters § 12.5 [Amended] Requirements and tests for complete per minute for tight-fitting and 170 liters 4. In Table 1, Air-Supply-Line Re respirator, of § 12.5 Requirements for per minute for loose-fitting respiratory quirements and Tests, under paragraph Bureau of Mines approval, is amended to inlet-coverings. The test will then be re (f) of § 12.5, the Air flow requirements read as follows: peated with the maximum rate of flow for Type C supplied-air respirators are (2) Protection against gases or vapors attainable within the specified operating amended to read as follows: (direct leakage and man tests). Direct pressures. leakage and man tests will be made in (iv) Type C supplied-air respirator, The air-supply hose with air regulating valve or orifice shall permit a flow of not less duplicate. A man will enter a chamber demand and pressure-demand classes. than 115 liters (4 cubic feet) per minute to containing a . gas or vapor and put on The complete respirator will be worn in tight-fitting and 170 liters (6 cubic feet) (wear) the respirator to be tested. Gas- a chamber containing 0.1±0.025 iso-amyl per minute to loose-fitting respiratory-inlet tight goggles will be used where neces acetate vapor. The intake of the hose coverings through the maximum, length of sary to protect the eyes against irrita shall be connected to a suitable source of hose for which approval is granted and at tion. The gas or vapor used for this test, respirable air. Not more than 25 percent the minimum specified air-supply pressure. the arrangement of the hose, and the air of the hose length shall be located out The maximum flow shall not exceed 425 supply will be in accordance with specific side the chamber. The test will be made liters (15 cubic feet) per minute at the at the minimum pressure with the maxi maximum specified air-supply'pressure with directions given in the following sub the minimum length of hose for which ap divisions. After the respirator is prop mum hose length and will be repeated at proval is granted. erly fitted the man will spend 10 minutes the maximum pressure with the mini The air-supply hose, detachable coupling, in work to provide observations on free mum hose length. ana demand valve of the demand class or dom of the device from leakage. The 7. New paragraphs (k) and (1) are pressure-demand valve of the pressure-de- freedom and comfort allowed the wearer added to § 12.5 as follows: niand class for Type C supplied-air respira- (k) Breathing gas requirements. A rors, demand and pressure-demand classes, will also be considered. The time will be divided as follows: supplied-air respirator will be approved s all be capable of delivering respirable air for use only when it supplies respirable ” V ate of not less than 115 liters (4 cubic 5 minutes------Walking, turning head, air to the wearer. Compressed breathing eet) per minute to the respirator-inlet cov dipping chin. in an *nllalat;ion resistance not exceed- 5 minutes------Pumping air with a tire air shall meet the most recent require 50 millimeters (2 inches) of water- pump into a 1-cubic- ments of Compressed Gas Association coiumn height measured at the respiratory- foot cylinder to a Specification G7.1 for Type I, Class D t covering with any combination of air- pressure of 25 pounds gaseous air. Breathing air shall contain tho ^ Pressure and length of hose within per square inch or less than 5 milligrams per cubic meter of applicant’s specified range of pressure equivalent work. oil vapor or oil particulates. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20732 PROPOSED RULE MAKING (1) Requirements for combination (d) Use of the Bureau’s approval labelhearing was held in Fresno, Calif.,; on supplied-air respirator and another type obligates the applicant to maintain the April 24-27, 1967, after notice thereof of respiratory protective device. Respira quality of the respirator and to guaran published in the F ederal R egister (32 tory protective devices combining the tee that it is manufactured according to F.R. 5690) on proposals to amend the characteristics of a supplied-air respi the drawings and specifications upon marketing agreement, as amended^ and rator and another type of respiratory which the certificate of approval is Order No. 989, as amended (7 CFR Part protective device shall meet the require based. The approval label shall be used 989), regulating the handling of raisins ments of this part as well as the require only by the applicant. produced from grapes grown in Califor ments of any other part which is appli 10. Section 12.9 is amended to read as nia. The previous amendment resulting cable to the total purpose of the device follows: from consideration of some of the pro for which approval is sought. The Bureau § 12.9 Material required for Bureau of posals became effective August 28, 1967 will specify, in the certificate of approval Mines record. (32 F.R. 12157, 12555, 12710).. The and on the approval label, the limitations amended marketing agreement and the which shall apply to the use of the com (a) The Bureau will retain, as part of amended order (hereinafter collectively bination device. the permanent record of each investiga referred to as the “order”) are effective 8. Section 12.7 is amended as follows: tion, a complete respirator and any com pursuant to the provisions of the Agri ponent thereof that has been tested and cultural Marketing Agreement Act of § 12.7 Notification of approval or dis certified. Material not required for rec 1937, as amended (Secs. 1-19, 48 Stat. 31, approval. ord will be returned to the applicant at as amended; 7 U.S.C. 601-674), herein (a) Certificates of approval will be is his request and expense. after referred to as the act. sued hereunder only for completely as (b) As Soon as a certified respirator is On the basis of the evidence adduced sembled respirators, and not for com commercially available, the applicant at the hearing, and the record thereof, ponent parts or subassemblies. shall deliver one complete unit free of the recommended decision in this pro (b) Upon completion of the investi charge to the Bureau of Mines, Health ceeding was filed on October 12, 1967, gation and testing of a respirator, the and Safety Research and Testing Cen with the Hearing Clerk, U.S. Department Bureau will issue to the applicant either ter, 4800 Forbes Avenue, Pittsburgh, Pa. of Agriculture, and notice thereof, af a certificate of approval or a written no 15213, Attention: Approval and Testing. fording opportunity to file written excep tice of disapproval. Informal notifica 11. Section 12.10 is amended to read tions thereto, was published October 18, tions of approval will not be issued. If as follows: 1967, in the F ederal R egister (F.R. Doc. a certificate of approval is issued, no test § 12.10 Changes subsequent to approval. 67-12303; 32 F.R. 14396). data or detailed results will accompany Material issues, findings and conclu it. If a notice of disapproval is issued, it If an applicant desires to change any sions, and rulings. The material issues, will be accompanied by any available in feature of a certified respirator, he shall findings and conclusions, and rulings of first obtain the Bureau’s approval of the the recommended decision set forth in formation about the defects, with a view change, pursuant to the following to possible correction. The Bureau will the F ederal R egister (F.R. Doc. 67- not disclose except to the applicant, any procedure: 12303; 32 F.R. 14396) are hereby ap information on a respirator upon which (a) Application shall be made as for proved and adopted as the material is a notice of disapproval has been issued. an original certificate of approval, re sues, findings and conclusions, and rul (c) A certificate of approval will be ac questing that the existing certification ings of this decision as if set forth in full companied by a list of the drawings and be extended to cover the proposed herein, except as they are modified by specifications covering the details of de change (s). The application shall be ac rulings on the exceptions as hereinafter sign and construction of the respirator. companied by drawings, specifications, set forth. The applicant shall keep exact duplicates and related material in full detail. Rulings on exceptions. Exceptions to of the drawings , and specifications sub (b) The application and accompany the recommended decision were filed, mitted to the Bureau. The approved ing material will be examined by the within the prescribed time, by the fol drawings and specifications shall be ad Bureau to determine whether testing will lowing: Thomas Boyajian; Leslie W. hered to exactly in commercial produc be required. The Bureau will inform the Dobbings; Jay O. Eaton; Allan Grant for tion of the certified respirator. applicant of the fee required for any the California Farm Bureau Federation; 9. Section 12.8 is amended as follows: testing involved. Elmer D. Wood; O. B. Reimer, Wilbur O. (c) If the proposed modification Cowin; Paul J. Boyer; Harry Fittje; John, § 12.8 Approval markings. meets the requirements of this part, a T. Jesse; Harold C. Marthedal; Pearl (a) A certificate of approval will be formal extension of certification will be Satterberg; Amador Lopez; Irwin L. accompanied by photograph(s) of de issued, accompanied by a list of new and Keithly; W. L. Jackson for the Raisin sign (s) of approval label(s). Legible re revised drawings and specifications Administrative Committee; R. L. Engell productions of the entire label (s) shall covering the change(s). for Del Monte Corp. ; Abraham A. Gara- be attached permanently to each res [F.R. Doc. 67—14845; Filed, Dec. 21, 1967; bedian; and Douglas J. Johnson. These pirator. When, in the Bureau’s opinion, 8:45 a.m.] exceptions have been considered care there is insufficient space, or some other fully and fully, in conjunction with the valid reason, the label(s) may be re evidence in the record and the proposed produced on the respirator instructions. findings and conclusions of the recom The label (s) will bear the seal of the DEPARTMENT OF AGRICULTURE mended decision in arriving at the find Bureau of Mines; the approval number; ings and conclusions set forth herein. To the manufacturer’s name and address; Consumer and Marketing Service any extent that the findings and conclu any limitation on duration of use for [ 7 CFR Part 989 ] sions contained herein are at variance which the respirator is approved, and with any of the exceptions pertaining the limitations or conditions for safe [Docket No. AO 198-A6] thereto, such exceptions are denied on and efficient use of the respirator.7 RAISINS PRODUCED FROM GRAPES the basis of the findings and conclusions (b) The Bureau will notify the appli GROWN IN CALIFORNIA relating to the issues to which the ex cant if any additional label (s) or mark ceptions refer. ing (s) will be required on subassemblies Decision and Referendum Order With The exceptions, and the rulings there and parts. Respect to Proposed Amendment of on, are as follows: (c) Full-scale reproductions of approv the Marketing Agreement and Two ’ exceptors indicated that strict al labels and markings and a sketch or quality control and improved market Order, as Amended ability were the essential needs of the description of their method of applica Pursuant to the rules of practice and raisin industry in lieu of producer allot tion and position on the respirator shall procedure governing proceedings to for ments. However, improved raisin quality be submitted to the Bureau for approval mulate marketing agreements and mar was an issue of the amendment pro before final adoption. keting orders (7 CFR Part 900), a public ceeding and referendum immediately FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 PROPOSED RULE MAKING 20733 preceding the current one. The issue now is often planted and, when it comes into by the producer’s average sales per acre is whether or not the raisin industry bearing, the sales outlet is determined in the portion of the allotment base com should have available to it means in ad by the then opportunities. Moreover, the puted for his mature acreage. If all the dition to the quality control, volume al lack of eligibility for allotment bases producer’s raisin production acreage is location and pooling provisions already for such persons is not sufficient basis immature, the sales per acre referable to included in the order. The recommended for not enacting the program. Accord 1966 would not constitute an appropriate decision has correctly concluded that the ingly, the exceptions are denied. sales history and in such case the allot addition of producer allotment provi Exceptions were taken to recommend ment base should be the producer’s raisin sions would tend to effectuate the de § 989.63(a) (2) in that subdivision (i) did producing acreage multiplied by the clared policy of the act and the industry not specifically limit the increase in allot -lower of the 1966 industry-wide average should have opportunity to adopt them. ment base to 100 percent of that refer sales per acre of the like varietal type Accordingly, the exceptions are denied. able to 1966 (that determined pursuant or the committee’s determination of the Two exceptors indicated that permit to recommended § 989.63(a) (1)), said probable sales per acre when mature. ting distillation to be a nonnormal outlet subdivision did not provide a limiting Thus, the producer would receive an ap for raisins in excess of allotments would ratio based on a 2-year average where portionment comparable to producers in increase competition with fresh grapes there was production in 1964 or 1965, but general but not in excess of the produc and depress prices for raisin packing not both, and in 1966, and nowhere in tive capacity of his acreage. The further house residue going to this outlet. How subparagraph (2) was provision made allotment base problem of a raisin pro ever, the evidence of record is that the for an appropriate allotment for a raisin ducer in 1966 expanding acreage by ac grape production levels causing consid producer expanding by purchase of bear quisition, in lieu of plantings, prior to eration of producer allotments for raisins ing acreage, prior to April 7, 1967, and April 7, 1967, but under circumstances have resulted in larger-than-needed after the 1966 crop was committed to where the entire 1966 crop of raisin supplies of grapes available for dis nonraisin outlets, in lieu of by new plant grabes had been committed by the former tillation and that prices in years of these ing. So that these matters may be clari owner to an outlet other than raisins, large supplies in this outlet have tended fied, consistent with the evidence of rec should be resolved the same as an ex to be at minimum levels. Also, the dis ord and their discussion, in part, in the pansion by new plantings. There would tillation outlet results in a product of recommended decision and the excep be no allotment base due the former long storability which may be held, in tions granted, the discussion as set forth owner (not having made raisins in 1966) part, for sale in years of reduced pro in the 15th and 16th paragraphs of mate and hence, no transfer is possible. The ductions of grapes. Consequently, while rial issue (2) (32 P.R. 14398) is revised. acquiring raisin producer is thus in a there will be some competitive effect, it There is inserted in the first sentence of similar position, as to allotment base, as may not be significant on prices and the the 15th paragraph, after reason (1), a the producer planting additional vines, resultant product will have more mar new reason (2) as follows: “(2) he ac and his allotment base should be simi ketability, in terms of demand trends quired bearing acreage of raisin grapes larly computed by the committee.” Sub and time, than will excess grapes con prior to April 7, 1967, but subsequent to division (i) of § 989.63(a) (2) is revised verted to raisins. Accordingly, the excep the commitment of the 1966 crop on such accordingly. tions are denied. acreage to other than raisins.” Reasons An inadventent error in the first sen Five exceptors expressed concern rela (2), (3), and (4) are redesignated (3), tence of paragraph 17 is corrected by de tive to eligibility for allotment bases (4), and (5) respectively. leting from the words in parentheses the contending that allotment bases should Paragraph 16 is revised to read as fol words “or with new plantings” and in not be restricted primarily to those pro lows : “In regard to the first item, a pro serting in lieu thereof the word “and”. ducers who produced raisins in 1966. ducer with raisin sales in 1966 and with Exception was taken to recommend However, the recommended decision cor immature acreage (i.e., who planted new § 989.63 for failure to provide an appro rectly concluded that 1966 was the year acreage on or after Jan. 1,1964, and prior priate allotment base for a producer who in which the largest number of tons of to the publication of the notice of hear had removed a portion or all the vines all varieties of raisins were delivered by ing on the allotment plan, Apr. 7, 1967), from his raisin grape vineyard prior to producers of any recent year and ap of a varietal type other than Zante Cur harvest in 1966, with intention to replant parently includes the largest total num rants or Monukka grapes, should be en such vines, and the removal resulted in ber of both old and new raisin producers. titled to an allotment base which includes the producer’s 1966 raisin sales per acre Hence, by using the year of 1966 as the such new acreage as can be construed as being produced from fewer acres or in his basis of eligibility, there should be due raisin production acreage. This should having no raisin sales. It was contended opportunity for raisin producers, in gen not include plantings prior to 1964 as that, in order to determine a fair and eral, to qualify for allotment bases. such plantings would have matured equitable allotment base, recognition Moreover, provision is made for issuing enough to have substantial yields by should be given to this normal practice allotment bases to those raisin producers 1966. There is involved in the immature of pulling out old vines and replacing failing to produce in 1966 because of acreage situation the issue of whether them with young vines, to improve the severe adverse weather or incapacitating the investment in new plantings was producing capacity of the vineyard. personal hardship and who produce rai with the intent to make raisins or to sell While the recommended decision did not sins in the first crop year after the fresh grapes to the table, crushing or provide for such adjustment in comput effective date of the amendment. In view canning outlets. The evidence of record ing allotment bases, it did provide that of this and of the exceptors’ offering no is that this should be resolved in the once allotment bases are assigned, pro alternative solutions based on the evi raisin producer’s favor to the extent of ducers may have up to 5 consecutive dence of record, the 'exceptions are permitting his total allotment base to years of no production, without losing denied. reflect such new acreage as will not result the applicable portion of their base, to Three exceptors indicated they re in an increase exceeding 100 percent of rework their vineyard. It is recognized cently planted grapes prior to April 7, the allotment base referable to 1966 nor that some producers will be caught in 1967, with the intent to make raisins and cause his ratio of raisin production to this situation when the program is insti should not be ineligibile for an allotment total grape production (based on acre tuted. Hence, the exception is granted base because they had no production in age used for raisins to total acreage) to and the first sentence of the 15th para 1966. They request, therefore, that the exceed that of 1966 or, if he also had graph, material issue (2) (32F.R. 14398), proposed allotment program not be en raisin production in one or both of the 2 is revised by striking the word “or” pre acted. The evidence of record is that per prior years, such average ratio for the ceding redesignated reason (5), chang sons not theretofore raisin producers but years of raisin production 1964,1965, and ing the period at the end of the sentence who planted a variety which also may 1966. Since this necessitates computing to a semicolon and adding: “or (6) he be used for fresh' shipment, crushing by the increase of allotment base for the had removed acreage from production wineries, or for canning, cannot be said additional acreage, as such may be im prior to 1966, for the purpose of replant to have planted solely with the intent of mature acreage, the increase should be ing and improving yield per acre, and making raisins. A multiple outlet grape the applicable new acreage multiplied hence, had reduced raisin sales and re- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20734 PROPOSED RULE MAKING duced 1966 acreage”. A new paragraph of the paragraph preceding the final referendum agents of the Secretary of is inserted in the recommended decision paragraph of material issue (2) of (32 Agriculture to conduct said referendum immediately after the nineteenth (19) F.R. 14399) is deleted and the following severally or jointly. paragraph (32 F.R. 14399) of material inserted in lieu thereof: “In addition, to The procedure applicable to the ref issue (2), to read: “Provision should also recognize that there may be shifts in erendum shall be the “Procedure for be made for an appropriate allotment demand such that one varietal type be the Conduct of Referenda in Connection base for a producer who removed vines comes more salable than another, the with Marketing Orders for Fruits, Vege from a raisin producing vineyard prior committee should permit producers, to tables, and Nuts Pursuant to the Agri to harvest time in 1966, for the purpose surrender the allotment base on one cultural Marketing Agreement Act of of replanting the vineyard to improve varietal type in exchange for a like allot 1937, as amended” (7 CFR Part 900). production from such acreage, and this ment base on another varietal type. Such The ballots used in the referendum action resulted in the producer having an exchange, of course, should be within shall contain a summary describing the either no raisin sales in 1966 or reduced such reasonable limits as tend to equate terms and conditions of the proposed sales of raisins due to fewer acres. Such supplies with demand for each type and amendatory order. a producer should be permitted an allot maintain the price stabilizing objectives Any producer entitled to vote in the ment base which includes the applicable of the program. Since both the granting referendum who does not receive a copy replanted acreage multiplied by the 1966 of additional allotment bases and the of the aforesaid annexed order, voting industry-wide average sales per acre of exchange of bases will involve means of instructions, or a ballot or other neces the varietal type or, if higher, by the determination and assignment which sary information will be able to obtain committee’s determination of probable should be known to the producers, the the same from any of the County Di sales per acre from such acreage when committee should prescribe, with the ap rectors of Agricultural Extension in mature. Thus, this producer would be proval of the Secretary, such rules and the California Counties of Fresno, Kern, granted the same opportunity for an ap regulations as are necessary to adminis Kings, Madera, Merced, Stanislaus, and propriate allotment base as the producer ter the provisions.” Section 989.63(b) is Tulare, or from Charles Fuqua, Fresno with a commitment to improve his raisin revised accordingly. Marketing Field Office, Fruit and Vege sales per acre. However, the portion of The remainder of the exceptions either table Division, Consumer and Marketing the allotment base applicable to the pro constitute requests for a determination of Service, U.S. Department of Agriculture, ducers’ removed acreage should not be their allotment base, or are commen Room 3114, Federal Building, 1130 O issued until the first year, after the effec taries which, as opposed to the evidence Street, Fresno, Calif. 93721 or Dower T. tive date of the section, in which grapes of record, do not provide a basis for re Mohun, San Francisco Marketing Field from such acreage are made into raisins. vising either the findings or conclusions Office, Fruit and Vegetable Division, Moreover, if the producer fails to make or the proposed provisions of the recom Consumer and Marketing Service, U.S. raisins on such acreage by the sixth year mended decision. Department of Agriculture, Room 836, after removal, he should lose his eligibil Amendment of the amended market 630 Sansome Street, San Francisco, ity for such portion of his allotment base. ing agreement and the amended order. Calif. 94111. These limitations are necessary to pre Annexed hereto and made a part hereof It is hereby ordered. That all of this vent issuance of allotment bases to per are two documents entitled, respectively, decision and referendum order, except sons with no intention of replanting and “Marketing Agreement, as Amended, the annexed marketing agreement, as to permit cancellation of eligibility after Regulating the Handling of Raisins Pro amended, be published'in the F ederal 5 years of no production, the same as is duced from Grapes Grown in California” R egister. The regulatory provisions of provided hereafter relative to a producer and “Order Amending the Order, as the said marketing agreement, as amend not making raisins subsequent to receiv Amended, Regulating the Handling of ed, are identical with those contained in ing his allotment base.” Section 989.63 Raisins Produced from Grapes Grown the said order, as amended, and as fur (a) (2) is revised accordingly. in California” which have been decided ther amended by the annexed order Exceptions were also taken to reserv upon as the appropriate and detailed which will be published with this ing the raisin outlet to present producers, means of effecting the foregoing conclu decision. to authorizing regulation of raisin va sions. These documents shall not become Dated: December 19,1967. rieties presently unrestricted by volume effective unless and until the require regulation and to preventing adequate ments of § 900.14 of the aforesaid rules R odney E. Leonard, production of a variety for which sales of practice and procedure governing Deputy Assistant Secretary. expansion is indicated. The amendment proceedings to formulate marketing Order1 Amending the Order, as Amend in the recommended decision, however, agreements and marketing orders have ed, Regulating the Handling of provides such reasonable flexibility as been met. Raisins Produced From Grapes may be permitted in an allotment pro Grown in California gram except in the area of increased de Referendum order. Pursuant to the ap plicable provisions of the Agricultural § 989,0 Findings and determinations. mand of a varietal type. Thus, there is Marketing Agreement Act of 1937, as provision for transfers of allotment bases amended (7 U.S.C. 601-674), it is hereby (a) Previous findings and determina among old producers or to new pro directed that a referendum be conducted tions. The findings and determinations ducers, for producers to change locations, hereinafter set forth are supplementary, and for producers to remove existing among producers who, during the period August 15, 1966, through August 14, 1967 and in addition, to the findings and de vineyards and either replant on new terminations made in connection with acreage or on the existing acreage after (which period is hereby determined to be a representative period for the pur the issuance of the order and the pre up to 5 years for such things as land viously issued amendments hereby rati preparation and soil improvement. There pose of such referendum), have been en gaged in the State of California, in the fied and affirmed except insofar as such is provision^too, under-proposed § 989.63 prior findings and determinations may (b) for additional allotment bases, to production for market of grapes which were sun-dried upon, or prior to, removal be in conflict with the findings and de either new or existing producers to satisfy terminations set forth herein. (For prior the demand for one or more varietal from the vines or dehydrated by artifi cial means until they became raisins to findings and determinations see 14 F.R. types or to adjust the total of all allot 5136; 20 F.R. 6435; 21 F.R. 8182; 25 F.R. ment bases to trade demand. Further determine whether such producers favor the issuance of the said annexed order 12814; 29 F.R. 9482; 32 F.R. 12157). adjustment, in the form of authority to (b) Findings upon the basis of the permit producers to exchange an allot amending the order, as amended, regu lating the handling of raisins produced hearing record. Pursuant to the Agricul ment base on one varietal type for tural Marketing Agreement Act of 1937, a varietal type of more favorable sales from grapes grown in California. outlook, would enhance the flexibility of Charles Fuqua, Richard Van Diest, Joe 1 This order shall not become effective un Perrin, and Joseph C. Genske of the less and until the requirements of § 900.14 the program. Hence, to recognize the Fruit and Vegetable Division, Consumer of the rules of practice and procedure govern possibility of demand shifts, and so grant and Marketing Service, U.S. Department ing proceedings to formulate marketing one of these exceptions, the final sentence of Agriculture, are hereby designated agreements and orders have been met. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 PROPOSED RULE MAKING 20735 as amended (7 Ü.S.C. 601-674), and the clude in its report to the Secretary, at cent as is recommended by the com applicable pules of practice and proce least the first eight of the following esti mittee and approved by the Secretary, dure effective thereunder (7 CFR Part mates and recommendations with re but no later February 15, the committee 900) , a public hearing was held in Fresno, spect to any varietal type on which such shall recommend to the Secretary a free Calif., on April 24-27,1967, on a proposed volume regulation is intended and shall percentage which will tend to release amendment of the marketing agreement, include the other following estimates the full desirable free tonnage. Prior to as amended, and Order No. 989, as and recommendations, when pertinent, February 15, an interim change of per amended (7 CFR Part 989), regulating no later than the October meeting pur centage may be made to release less than the handling of raisins produced from suant to paragraph FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20736 PROPOSED RULE MAKING establish as necessary, or modify, the new acreage multiplied by the producer’s when mature. However, the portion of an desirable free tonnage for any varietal average sales per acre in the portion of allotment base applicable to tfye removed type; and simultaneously, or in a sub the allotment base computed for his and replanted acreage shall not be issued sequent action, depending upon the time mature acreage or if all his raisin produc until the first year after the effective date of the committee’s recommendation and tion acreage was immature in 1966, such of this section in which the grapes from his finding that it would tend to effectu acreage multiplied by the lower of the such acreage are made into raisins and ate the declared policy of the act, desig 1966 industry-wide average sales per acre any producer failing to make raisins on nate free and reserve percentages, ap of the like varietal type or the commit such acreage in the sixth year after re plicable to the standard raisins acquired tee’s determination of the probable sales moval shall lose his eligibility for such exclusive of surplus, and such modifica per acre when mature. However, no in portion of any allotment base. tions thereof as are consistent with crease of allotment base relative to that (3) For purposes of allotment, those § 989.54(c). In the event the Secretary computed pursuant to subparagraph (1) varietal types designated in § 989.10 as subsequently finds from the recom of this paragraph shall exceed 100 per natural (sun-dried) Thompson Seedless, mendations and supporting information cent of such computation. If in lieu of Golden Seedless, Sulphur Bleached and supplied by the committee, or from any additional plantings, a producer of Soda Dipped shall be combined into the other available information, that raisins in 1966 acquired bearing acreage “Thompson Seedless Raisin” varietal modification, suspension, or termination of raisin grapes prior to April 7,1967, but type and natural (sun-dried) Muscat, of any such designation will tend to ef subsequent to commitment of the 1966 Layer Muscat, and Valencia shall be fectuate the declared policy of the act, he crop on such acreage to an outlet other combined into the “Muscat Raisin” shall so modify, suspend, or terminate than raisins, the committee shall deter varietal type. The committee, with the such designation. No such modification mine such producer’s total allotment base approval of the Secretary, shall estab shall decrease the free percentage ini consistent with this subdivision. lish industry-wide average sales per acre tially designated by the Secretary. The (ii) For new acreage planted on or by varietal types and such conversion Secretary shall notify the committee after January 1, 1964, and prior to April factors of fresh tons to dry tons as will promptly of each such action. 7, 1967, of either Zante Currant or Mo permit allotment bases and annual 3. Add a new § 989.56 reading as nukka grapes, the producer’s totg.1 allot allotments on raisins to be administered, follows: ment base shall include such new acre where appropriate, as fresh tons of age multiplied by the producer’s 1966 grapes. § 989.56 Prohibition. sales per 'acre of the like varietal type (4) In accordance with this para Whenever an allotment percentage has from his mature acreage or if n&ne, by graph (a) and based on reports of been established by the Secretary and the lower of the 1966 industry-wide aver handlers, producer certifications and is in effect for a varietal type of any crop, age sales per acre of the like varietal type other information, the committee shall no handler other than a processor shall or the committee’s determination of the establish and assign to each producer his acquire such raisins, except as provided probable sales per acre when mature. allotment base: Provided, That no base in § 989.68, in excess of a producer’s an (iii) For a raisin producing grape or adjusted base shall be assigned to a nual allotment as determined by the vineyard acquired prior to April 7, 1967, person no longer a producer nor pur committee pursuant to § 989.63(c) nor but on or after November 1, 1964, on suant to (2) (iv) of this paragraph unless acquire any varietal type from a pro which the 1965 and 1966 raisin sales per the committee finds that he made a ducer without an allotment base nor acre on the acreage used to produce bona fide effort to produce his applicable with respect to a varietal type for which raisins was below the 1966 industry-wide annual allotment of raisins in the' first no allotment percentage is in effect from average for the varietal type and the crop year after the effective date of this acreage in excess of that for which the producer establishes to the satisfaction section and failing to do so, his eligibil allotment base was established. of the committee a commitment to im ity for an allotment base shall be can 4. Add new §§ 989.63 and 989.64 read prove the raisin sales per acre, the allot celled. The eligibility of any producer, ing as follows: ment base shall be determined as the or his legal successor in interest, to § 989.63 Allotment of salable quantity. raisin producing acres in 1966 multiplied receive or retain an allotment base shall by the 1966 industry-wide average sales be dependent upon his continuing to (a) Allotment bases. (1) Except as per acre of the varietal type or, if higher, make a bona fide effort to produce his provided in subparagraph (2) of this by the committee’s determination of the annual allotment of raisins and failing to paragraph, the allotment base for each probable sales per acre from such raisin do so in any year, the applicable allot producer of raisins in 1966, for any acreage in the third year after acquisi ment base shall be reduced by a per varietal type of raisins, shall be the tion. centage equivalent to the unproduced higher of: (iv) For severe adverse weather or in portion of the allotment: Provided, That (1) His sales of 1966 crop raisins; or capacitating personal hardship, estab the committee, with the approval of the (ii) If his 1965 and 1966 raisin sales lished to the satisfaction of the commit Secretary, may waive this requirement were from the same land, his sales per tee as the primary factor causing a raisin for good cause. However, 5 consecutive acre of 1965 crop raisins multiplied by producer to have a sharply reduced level years of reduced or no production shall his 1966 acreage used to produce the of sales in 1965 and 1966 or failure to be permitted to replant existing acreage same varietal type of raisins. produce any raisins in 1966, the allot or rotate to new acreage. Administration (2) If for the reasons listed in this ment base shall be the highest acreage of of the assignment and retention of allot subparagraph the committee finds that a the vineyard used for raisins in the 1964- ment bases shall be in accordance with producer’s allotment base computed pur 1966 period, but not in excess of the such rules and procedures as the com suant to subparagraph (1) of this para producer’s total 1966 acreage of that mittee may prescribe, with the approval graph is inappropriate, such producer’s varietal type, multiplied by the lower of of the Secretary. allotment base shall be determined con the 1966 industry-wide average sales per (b) Additional allotment bases and ex sistent with that applicable to each rea acre of the like varietal type or the pro changes. Each year the committee shall son as follows: • ducer’s highest prior raisin sales per acre consider the need for granting, and if (i) For new acreage planted on or in the 1964-1966 period, as determined by appropriate grant, with the approval of after January 1, 1964, and prior to the committee. the Secretary, additional allotment bases, April 7, 1967, of a varietal type (other (v) For replanted acreage not in pro to either new producers or existing pro than Zante Currant or Monukka grapes) duction in 1966 due to prior vine removal ducers, or both, for such purposes as in which producer shows raisin sales in for the purpose of land improvement and satisfying the demand for one or more 1966, but only for such new acreage as replanting to increase yields per acre, the varietal types, or adjusting the total of will result in a ratio of his raisin produc allotment base shall include the appli all allotment bases to the trade demand. tion acreage to total grape acreage to cable replanted acreage multiplied by the Also, the committee shall permit pro exceed either such 1966 ratio or the aver 1966 industry-wide average sales per acre ducers to surrender the allotment base age such ratio for the years of raisin pro of the varietal type or, if higher, by the on one varietal type in exchange for a duction 1964* 1965, and 1966, the allot committee’s determination of the prob like allotment base on another varietal ment base shall include his applicable able sales per acre from such acreage type but only of such volume as will tend FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 PROPOSED RULE MAKING 20737 to equate supplies with demand for each ducer thereon prior to the issuance of of the Federal Aviation Regulations that type. The committee shall prescribe, with allotment bases pursuant to § 989.63(a), would extend V-178 from Lexington, Ky., the approval of the Secretary, such rules and if the purchaser continues the acre 1,200 feet AGL to Bluefield, W. Va. This and regulations as are necessary to ad age in the production of raisins, such action would provide controlled airspace minister this paragraph. purchase shall be deemed to authorize within which to provide air traffic service (c) Issuance of annual allotments. Asissuance of the applicable allotment base to aircraft operating in accordance with early as possible in each calendar year, to the successor producer. Instrument Flight Rules between these the committee shall issue to each eligible 5. Add a new § 989.68 reading asterminals. producer, for the ensuing crop, an annual follows: Interested persons may participate in allotment determined by applying the § 989.68 Excess over allotments. the proposed rule making by submitting allotment percentage established pur such written data, views, or arguments suant to § 989.55 to the producer’s allot (a) General. Raisins that are in excess as they may desire. Communications ment base. Such issuance shall be con of an effective individual producer an should identify the airspace docket num ditioned upon the producer filing nual allotment, or the total of such ber and be submitted in triplicate to the annually with the committee, a form allotments to members of a cooperative Director, Eastern Region, Attention: provided by it wherein the producer marketing association, shall be surplus Chief, Air Traffic Division, Federal Avia states such things as where he intends raisins. Prior to February 15 of the crop tion Administration, Federal Building, to produce his annual allotment, his year such excess raisins may be sold or John F. Kennedy International Airport, raisin variety grape acreage, the acreage transferred to producers capable of Jamaica, N.Y. 11430. All communications he intends to harvest for raisir_s, changes using them to satisfy a deficiency of received within 30 days after publication of location, if any, and such other infor production relative to their annual allot of this notice in the F ederal R egister mation as is necessary for administra ment. No handler, other than a proces will be considered before action is taken tion of this part. Where a producer indi sor disposing of raisins in nonnormal on the proposed amendment. The pro cates that his acreage, or that which he outlets, shall acquire surplus raisins, ex posal contained in this notice may be intends to harvest for raisins, will be cept that any handler who is a packer changed in the light of comments insufficient to produce his computed shall be a designee of the committee, received! annual allotment, the committee shall under such conditions as it shall specify with the approval of the Secretary, as An official docket will be available for make an appropriate reduction in the examination by interested persons at the annual allotment it issues. Except in con to holding and delivery obligations, to receive and hold surplus raisins for the Federal Aviation Administration, Office junction with the transfer of an allot of the General Counsel, Attention: Rules ment base pursuant to § 989.64, no account of the committee. Any producer or dehydrator selling or delivering sur Docket, 800 Independence Avenue SW., handler, producer, or other person shall Washington, D.C. 20590. An informal be the assignee or transferee of an an plus raisins other than to the committee or its designees, to a producer satisfying docket also will be available for exam nual allotment, or portion thereof, except ination at the office of the Regional Air that a person other than a handler may a deficiency as provided in this para graph, or to a processor disposing of Traffic Division Chief. deliver raisins in the stead of the pro This amendment is proposed under the ducer holding the allotment but no them in nonnormal outlets, shall be a handler relative to such transaction. authority of section 307 (a) of the Federal handler shall receive raisins from such Aviation Act of 1958 (49 U.S.C. 1348). other person except to the extent author Any producer may dispose of surplus ized by the committee. The committee, raisins of his own production within his Issued in Washington, D.C., on Decem with the approval of the Secretary, may own livestock feeding or other farming ber 13, 1967. issue such rules and procedures as are operation or may deliver them, prior to T. McCormack, necessary to administer this paragraph. or after February 15 of the crop year Acting Chief, Airspace and in which produced, to the committee for Air Traffic Rules Division. § 989.64 Transfers. inclusion in a surplus pool. [F.R. Doc. 67-14853; Filed, Dec. 21, 1967; (a) Of location. ■ A producer owning (b) Pooling. Surplus raisins held by 8:46 a.m.] the vineyard (s) determining the allot a handler or other designee of the com ment base may transfer from the loca mittee and those delivered directly to tion (s) where he produces his annual the committee, shall be treated as a [ 14 CFR Part 71 1 surplus raisin pool and shall be disposed allotment to other land which he farms. [Airspace Docket No. 67-CE-140] If a producer does not own the original of by the committee as soon as prac vineyard land no such transfer shall be ticable in nonnormal outlets and at the CONTROL AREA valid and no further annual allotments best terms and conditions obtainable. referable to such vineyard (s) shall be The proceeds, after deduction of com Proposed Designation granted by the committee to such pro mittee expenses of receiving, handling, The Federal Aviation Administration ducer unless the vineyard owner consents holding and disposing, including „com is considering an amendment to Part 71 to the transfer. The committee shall, by pensation to handlers or other designees, of the Federal Aviation Regulations that such means as are provided in § 989.- shall be distributed on a pro rata basis would designate an additional control 63(c), obtain information as to the to the equity holders and in the case of area from St. Louis, Mo., to Moline, 111. location (s) where each producer intends a cooperative marketing association may Interested persons may participate in to produce each annual allotment. be to such association. the proposed rule making by submitting (b) To another “producer. A producer [F.R. Doc. 67-14858; Filed, Dec. 21, 1967; such written data, views, or arguments owning the vineyard (s) determining the 8:46 a.m.] as they may desire. Communications allotment base may transfer all or part should identify the airspace docket num of an allotment base from himself to ber and be submitted in triplicate to the another producer. However, if the trans Director: Central Region, Attention: feror is not the owner of the vineyard(s), DEPARTMENT OF Chief, Air Traffic Division, Federal the transfer shall not be valid nor shall Building, Federal Aviation Administra an annual allotment be granted by the TRANSPORTATION tion, 601 East 12th Street, Kansas City, committee to the potential transferee Federal Aviation Administration Mo. 64106. All communications received unless the vineyard owner consents to within 30 days after publication of this the transfer. No transfer shall be recog I 14 CFR Part 71 1 notice in the Federal R egister will be nized by the committee except upon the [Airspace Docket No. 67-EA—116] considered before action is taken on the transferor and transferee notifying the proposed amendment. The proposal con committee in writing and the transferee FEDERAL AIRWAY tained in this notice may be changed in submitting evidence of capability to pro Proposed Alterdtion the light of comments received. duce and harvest the annual allotment An official docket will be available for referable thereto. If any producer dis The Federal Aviation^.Administration examination by interested persons at the poses of acreage and ceases to be a pro is considering an amendment to Part 71 Federal Aviation Administration, Office No. 247- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY,. DECEMBER 22, 1967 20738 PROPOSED RULE MAKING of the General Counsel, Attention: Rules This amendment is proposed under the space upward from 700 feet above the Docket, 800 Independence Avenue SW., authority of section 307(a) of the Fed surface, within a 6-mile radius of the Washington, D.C. 20590. An informal eral Aviation Act of 1958 (49 U.S.C. 1348). Dillingham Airport (lat. 59°02'36" N., docket also will be available for exami Issued in Washington, D.C.» on De long. 158°30'20" W .); within 5 miles nation at the office of the Regional Air- northwest and 8 miles southeast of the cember 13,1967. Dillingham VOR 025° T (005° M) radial Traffic Division Chief. T. McCormack, The FAA proposes to designate an ad Acting Chief, Airspace and extending from the VOR to 18 miles ditional control area from the St. Louis Air Traffic Rules Division. northeast; within 5 miles northwest and VOR direct to the Moline VOR, with the 8 miles southeast of the 053° T (033° M) [F.R. Doc. 67-14855; Filed, Dec. 21, 1967; bearing from the Northern Consolidated floor to be designated at 6,000 feet MSL. 8:46 a.m.] This proposed control area would pro Airlines RBN (lat. 59°04'12" N., long. vide controlled airspace for instrument 158°26'30" W.) extending from the RBN type air traffic operating between these [ 14 CFR Part 71 1 to 12 miles northeast; and that airspace extending upward from 1,200 feet above terminals. [Airspace Docket No. 67-AL-25] This amendment is proposed under the the surface within 5 miles northwest and CONTROL ZONE AND TRANSITION 8 miles southeast of the Dillingham VOR authority of section 307(a) . of the Fed 205° T (185° M) radial extending from eral Aviation Act of 1958 (49 U.S.C. AREA 1348). the VOR to 12 miles southwest. This Proposed Designation transition area would be effective during Issued in Washington, D.C., on Decem the specific dates and times established in ber 13, 1967. The Federal Aviation Administration advance by a Notice to Airmen. The ef T. McCormack, is considering amendments to Part 71 of fective date and time will thereafter be Acting Chief, Airspace and the Federal Aviation Regulations which continuously published in the Alaska Air Traffic Rules Division. would designate a part-time control zone Airman’s Guide and Chart Supplement. and transition area at Dillingham, [F.R. Doc. 67-14854; Filed, Dec. 21» 1967; Hie control zone would provide protec 8:46 am.] Alaska. tion for aircraft executing prescribed A rule effecting amendments to Part instrument approach and departure pro 71 of the Federal Aviation Regulations cedures at the Dillingham Municipal Air was published in the F ederal R egister port. r 14 CFR Part 71 1 (30 F.R. 4391) designating a Dillingham [Airspace Docket No. 67-CE-142] control zone and transition area. How The 700-foot transition area would ever, due to difficulties experienced in provide protection for aircraft executing CONTROL AREA portions of the prescribed instrument establishing the necessary communica approach and departure procedures au Proposed Designation tions link between Dillingham and King Salmon, the effective date of the rule thorizing flight below 1,500 feet above the The Federal Aviation Administration designating this airspace was deferred. surface beyond the limits of the control is considering an amendment to Part 71 While communications now exist during zone. - The 1,200-foot transition area of the Federal Aviation Regulations that the operational hours of the Dillingham would provide protection for aircraft would designate an additional control Flight Service Station, additional instru executing the prescribed instrument ap area from Macon, Mo., direct to Colum ment approach procedures subsequently proaches, missed approaches, departures, bia, Mo. authorized at Dillingham require a major and holding procedures conducted be Interested persons may participate in revision to this rule. Therefore, the Dil yond the limits of the control zone and the proposed rule making by submitting lingham controlled airspace described in 700-foot transition area. such written data, views, or arguments F ederal R egister (30 F.R. 4391) in con Interested persons may participate in as they may desire. Communications nection with Airspace Docket No. 64-AL- the proposed rule making by submitting should identify the airspace docket num 6 has been revoked. It is now proposed to such written data, views, or arguments ber and be submitted in triplicate to the designate the controlled airspace pres as they may desire. Communications Director» Central Region, Attention: ently required to protect the prescribed should identify the airspace docket num Chief, Air Traffic Division, Federal Dillingham instrument approach and de ber and be submitted in triplicate to the Building, Federal Aviation Administra parture procedures as follows: Director, Alaskan Region, Attention: tion, 601 East 12th Street, Kansas City, 1. The Dillingham control zone, pro Chief, Air Traffic Division, Federal Avia ‘Mo. 64106. All communications received posed herein, would be designated within tion Administration, 632 Sixth Avenue, within 30 days after publication of this a 5-mile radius of the Dillingham Munic Anchorage, Alaska 99501. All communi notice in the F ederal R egister will be ipal Airport (lat. 59°02'36" N.» long. cations received within 30 days after considered before action is taken on the 158°30'20" W .); within 2 miles each side publication of this notice in the Federal proposed amendment. The proposal con of the Dillingham VOR 025° T (005° M) R egister will be considered before action tained in this notice may be changed in radial extending from the 5-mile radius is taken on the proposed amendments. the light of comments received. zone to 14 miles northeast of the VOR; The proposal contained in this notice An official docket will be available for within 2 miles each side of the Dilling may be changed in the light of com examination by interested persons at the ham VOR 205° T (185° M) radial ex ments received. Federal Aviation Administration, Office tending from the 5-mile radius zone to 8 The public docket will be available for of the General Counsel, Attention: Rules miles southwest of the VOR; and within examination by interested persons at the Docket, 800 Independence Avenue SW., 2 miles each side of the 053° T (033° M) Office of the Regional Counsel, Federal Washington, D.C, 20590. An informal bearing from the Northern Consolidated Aviation Administration, 632 Sixth docket also will be available for exam Airlines RBN (lat. 59°04'12" N., long. Avenue, Anchorage, Alaska 99501. ination at the office of the Regional Air 158°26'30" W.) extending from the 5- These amendments are proposed under Traffic Division Chief. mile radius zone to 8 miles northeast of the authority of section 307(a) of the The Federal Aviation Administration the RBN. This control zone would be Federal Aviation Act of 1958 (49 U.S.C. proposes to designate the Macon, Mo., effective during the specific dates and 1348). additional control area to extend from times established in advance by a Notice Issued in Anchorage, Alaska, on the Macon VOR with a 1,200-foot AGL to Airmen. The effective date and time December 14,1967. floor direct to the Columbia VOR. would thereafter be continuously pub Lyle K. B rown, This proposed additional control area lished in the Alaska Airman’s Guide and Director, Alaskan Region. would provide controlled airspace for in Chart Supplement. strument type air traffic operating from 2. The proposed Dillingham transition [FJt. Doc. 67-14856; Filed, Dec. 21, 1967; Macon via Moberly, Mo., to Columbia. area would be designated as that air 8:46 am.] FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 PROPOSED RULE MAKING 20739 Federal Highway Administration copies stated in the rule-making notice (EDR-128, supra), be filed with the FEDERAL COMMUNICATIONS [49 CFR Parts 177, 294 1 Board’s Docket Section. [Docket No. MC-lj (Sec. 204(a), Federal Aviation Act of 1958, as COMMISSION amended, 72 Stat. 743; 49 U.S.C. 1324) PRIVATE MOTOR CARRIERS OF [ 47 CFR Part 73 1 HAZARDOUS MATERIALS By the Civil Aeronautics Board. [Docket No. 16222] Annual Safety Accident Report [seal] R obert Vote, Acting Associate General Coun STANDARD BROADCAST SERVICE; Correction sel, Rules and Rates Division. STANDARD METHOD FOR CALCU In F.R. Doc. 67-14703, appearing at [F.R. Doc. 67-14880; Filed, Dec. 21, 1967; LATING RADIATION page 18114 of the issue for Tuesday, 8:48 ajn.] Order Extending Time for Filing December 19, 1967, in the second para graph the reference to “December 29, Comments and Reply Comments 1967” should read “January 22, 1968”. [1 4 CFR Part 399 1 In the matter of amendment of Part [Docket No. 19279; PSDR-19A] 73 of the Commission’s rules to specify, in lieu of the existing MEOV concept, a BLOCKED SPACE SERVICE standard method for calculating radia CIVIL AERONAUTICS BOARD Participation of Combination Carriers; tion for use in evaluating interference, [1 4 CFR Part 207 1 coverage, and overlap of mutually pro Extension of Time To File Comments hibited contours in the Standard Broad [Docket No. 19278; EDR-128A] D ecember 19,1967. cast Service. CHARTER TRIPS AND SPECIAL The Board in 32 F.R. 16225, Novem 1. The notice of proposed rule making SERVICES ber 28,1967, and by circulation of PSDR- of October 18, 1965, which initiated this 19, dated November 21, 1967, gave no proceeding, invited comments by Janu Proposed Liberalization of Volume Re tice that it had under consideration pro ary 14, 1966. In subsequent orders, the strictions for All-Cargo Carriers; Ex posed amendments to § 399.37 of its state time for filing comments has been ex tension of Time To File Comments ments of general policy (14 CFR Part tended to December 14, 1967, and for 399), to permit combination as well as reply comments to January 16, 1968. D ecember 19,1967. all-cargo carriers to provide blocked 2. The Association of Federal Commu The Board in 32 F.R. 16223, November space service to air freight forwarders nications Consulting Engineers, in a pe 28.1967, and by circulation of EDR-128, and to large volume shippers. Interested tition for extension of time for filing dated November 21, 1967, gave notice persons were invited to participate in the comments, filed December 8, 1967, re that it had under consideration proposed rule-making proceedings by submission quests that the filing time be extended 90 amendments to Part 207 of the Economic of comments and reply comments on the days from the present December 14 regulations (14 CFR Part 207) to liberal foregoing amendments, to be received deadline. ize the off-route charter volume limita on or before December 26, 1967 and 3. The Association and its Rules and Standards Committee, which has been tion in § 207.6 applicable to all-cargo car January 10, 1968, respectively. riers, so as to permit them to perform off- working closely with FCC engineering route charters not to exceed 20 percent By letter dated December 15, 1967, personnel, believe that additional time of the base revenue plane miles per The Flying Tiger Line, Inc., requests is needed for the study of a number of formed in the preceding calendar year; extension of the time to file comments points developed in discussions of the provided that not ‘more than 10 percent to January 9, 1968, and reply comments new rules, and for tests of the applica of such base revenue plane mileage shall to January 24, 1968. The carrier notes tion of tentative procedures in specific constitute passenger charters. Interested situations, before a final position of the persons were invited to participate in the that the present date for the filing of Association can be formulated. rule-making proceedings by submission comments falls in the middle of the holi 4. We are aware of the diligent and of comments and reply comments on the day season, and that it would be difficult exhaustive examination the Association foregoing amendments, to be received on and burdensome to meet the present date is giving the matters involved in this or before December 26,1967 and January under the circumstances. proceeding, and expect its comments, when available, will be very helpful in 10.1968, respectively. The undersigned finds that good cause the preparation of the final version of By letter dated December 15,1967, The has been shown for an extension of time the proposed rules. In the light of the Plying Tiger Line, Inc., requests exten as requested. Accordingly, pursuant to problems involved, we believe that the sion of the time to file comments to Jan authority delegated in § 385.20(d) of the additional time requested is not un uary 9,1968, and reply comments to Jan Board’s organization regulations, effec reasonable, and that it would be in the uary 24,1968. The carrier notes that the public interest to grant the instant tive June 21, 1967, the undersigned petition. present date for the filing of comments hereby extends the time for submitting 5. Accordingly, it is ordered, That the falls in the middle of the holiday season, comments to January 9, 1968, and for time for filing comments in this pro and that it would be difficult and burden reply comments to January 24, 1968. ceeding is extended from December 14, some to meet the present date under the In order to facilitate the availability 1967, to March 14,1968, and the time for circumstances. of comments for making replies thereto, filing reply comments is extended from The undersigned finds that good cause January 16, 1968, to April 16, 1968. it is requested that fifteen (15) copies of 6. This action is taken pursuant to has been shown for an extension of time such comments, in lieu of the ten (10) authority found in sections 4 (i), 5(d) (1), as requested. Accordingly, pursuant to copies stated in the rule-making notice and 303 (r) of the Communications Act authority delegated in § 385.20(d) of the (PSDR-19, supra), be filed with the of 1934, as amended, and § 0.281(d) (8) Board’s organization regulations, effec Board’s Docket Section. of the Commission’s rules. tive June 21, 1967, the undersigned (Sec. 204(a), Federal Aviation Act of 1958, Adopted: December 13, 1967. hereby extends the time for submitting as amended, 72 Stat. 743, 49 U.S.C. 1324) Released: December 18,1967. comments to January 9, 1968, and for By the Civil Aeronautics Board. ^Ply comments to January 24, 1968. F ederal Communications [seal] R obert Vote, Commission, In order to facilitate the availability Acting Associate General Coun [ seal] B en F. Waple, cf comments for making replies thereto, sel, Rules and Rates Division. Secretary. is requested that fifteen (15) copies [F.R. Doc. 67-14881; Piled, Dec. 21, 19§7; [F.R. Doc. 67-Î4870; Filed, Dec. 21, 1967; of such comments, in lieu of the ten (10) 8:49 a.m.] 8:48 a.m.] FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20740 Notices Alabama I owa DEPARTMENT OF THE INTERIOR O. R. Floyd and E. A. Marchand, partners, Dewey Adams, 514 North Kent Street, Knox Route 1, Box 235D, McDonald Road, Irv ville 50138. Office of the Secretary ington 36544. Henry F. Bockenstedt, R.F.D. 1, Earlville TEXAS Claude Hancock, Route 2, Section 35771. 52041. Coralea Hull, Rural Route 1, Weldon 50264. Arkansas Determination of Commercial Fish Dave Irving, Route 1, Charlton 50049. George J. E. Holzwarth, doing business as Robert R. Lauer, doing business as Lauer’s ery Failure Due to Resource George J. E. Holzwarth Co., Post Office Box Kennels, 1210 Home Park Boulevard, Wa Disaster 186, Fayetteville 72701. terloo 50701. _ D ecember 16,1967. Elmer B. Scherbring, doing business as Clear- California Whereas, many firms and individuals view Kennels, Box 106, Earlville 52041. AZO Research Associates, 1205 San Pablo Kansas are engaged in raising, harvesting, proc Avenue, Berkeley 94710. essing, and marketing oysters in the Henry K. Knudsen, doing business as Knud- Charles M. Brink, Route 2, Box 13, Paola State of Texas; and sen’s Biological Supplies, J 12488 South, 66071. Whereas, on September 20, 1967, Hur Highway 50, Lathrop 95330. Dale Sappington, 5245 Merriam Lane, Mer- ricane Beulah passed over south central Charles V. Means, Jr., doing business as Cali riam 66203. Texas, subjecting the area to torrential fornia Caviary, 10830 Prairie Avenue, Kentucky rains and causing record discharges of Inglewood 90303. Earl Feeback, doing business as Bourbon flood waters into coastal bay areas; and Delaware County Dog Pound, County Farm, Ruddles Whereas, the sudden and prolonged Mills Road, Route 3, Paris 40361. lowering of salinities in coastal bay wa J. Merrel Shockley, Route 1, Delmar 19940. William A. Newman, Star Route, Beech ters has caused destruction of oyster D istrict of Columbia Creek 42321. resources; and George Mazur Enterprises, Inc., 77 Eye Street M. E. Northcutt, doing business as Goodwill Whereas, insurmountable uninsured SE., Washington 20003. ^ Kennels, Rural Route 5, Cynthiana 41031. J. W. Toombs, Moreland 40454. losses of oyster production in the 1967-68 F lorida season will amount to a several hundred Maine thousand dollar decrease in State in Dawson Research Corp., 114 West Grant Ave nue, Orlando 32806. The Jackson Laboratory, Otter Creek Road, come; and Olin D. Tisdale Farm, Route 1, Century 32535. Bar Harbor 04609. Whereas, the serious disruption of the Maryland oyster fishery in the coastal bays of Illinois central Texas caused by alternation of John C. Akers, doing business as Sailfin Pet W. L. Eckert, Harney Road, Taneytown 2178?. Shop, 104 North Sixth Street, Champaign Edgar E. Walls, Jr., Route 1, Box 57A, Centre- habitat was due to natural causes; ville 21617. Now, therefore, as Secretary of the 61820. Ani-Lab Corp., 196th and Route 54, Home- Massachusetts Interior, I hereby determine that the wood 60430. foregoing circumstances constitute a Oscar V. Calanca, doing business as Calanca’s Dr. Thomas Boria, doing business as Scien commercial fishery failure due to a re Beagles, Rural Route 1, Box 175, Grays- tific Breeding Laboratory, 1108 Main Street, source disaster within the meaning of lake 60030. Worcester 01603. section 4(b) of Public Law 88-309. Pur Don A. Carlson and Carl S. Carlson, partners, John Czepiel, 26 Paderewski Avenue, Chi suant to this determination, I hereby doing business as Viking Kennels, 238 copee 01013. authorize the use of funds appropriated Sanders Road, Deerfield 60015. Dr. Orville H. Drumm, doing business as Dr. Lawrence G. Clark and Edwin W. Short, O'Malley Animal Hospital, 100 Boylston under the above legislation to rehabili partners, doing business as Roseland Re tate, restore, and put back into produc Street, Clinton 01510. search, Route 1, Box 15, Crete 60417. Alvin C. Finch, doing business as Pineland tion the oyster grounds of the State of CWC, Inc., Beecher 60401. Farm Kennels, Leonard Street, Raynham Texas and for such other measures as General Foods Corp., c/o Gaines Research 02767. may be necessary to mitigate the damage Kennels, Rural Route 3, St. Anne 60964. Vincent R. Malone, 42 Oakland Street, Med to the resource. George Lomax, Opdyke 62872. Moline Dog Pound, 1701 First Avenue, Moline way 02053. S tewart L. U dall, 61265. Roma Kennels, Inc., Main Street, Dunstable Secretary of the Interior. Robert R. Motsinger, doing business as Robert 01827. Michigan [F.R. Doc. 67-14857; Filed, Dec. 21, 1967; Motsinger Kennel, Rural Route 2, St. 8:46 a.m.] Joseph 618737 Heric Fehrenbach, doing business as H-Bar-B Omis Corp., 504 North Parside Avenue, Chi Research Beagles, 201 Main Street, Essex- cago 60644. ville 48732. Bertha Peterson, 1607 Delaney Road, Gurnee Grant Hodgins, doing business as Hodgins 60031. Kennel, 6110 Lange Road, Howell 48843. DEPARTMENT OF AGRICULTURE Southern Illinois Farms, Valmeyer 62295. Lewis N. Warren, Box 125, Pana 62557. Laboratory Research Enterprises, 5040 Mere Agricultural Research Service dith Road, Kalamazoo 49002. I ndiana Edward Radzilowski, doing business as LICENSED DEALERS UNDER LABORA American Animal Industries, Inc., Rural Meadow Brook Farms and Co., 10533 Gra TORY ANIMAL WELFARE ACT Route 3, Box 303A, Sheridan 46069. tiot, Richmond 48062. Atlantic Kennels, Inc., Rural Route 1, Box Tri-Co Research Projects, Inc., 314 South List of Persons 167, ZionsvUle 46077. Sherwood Avenue, Plainwell 49080. Robert A. Everett, doing business as Oakdale Pursuant to § 2.127 of the regulations Farm and Kennel, Rural Route 5, Decatur Minnesota (9 CFR 2.127) under the Act of August 24, 46733. Delores N. Beise, Route 4, Hastings 55033. 1966 (80 Stat. 350; 7 U.S.C. 2131 et David W. Wilson, doing business as Wilson Melvin Beise, Jordan 55352. seq.), commonly known as the Labora Small Animal Farm, Rural Route 3, Box James Goebel, Janesville 56048. tory Animal Welfare Act, notice is hereby 91, Vincennes 47591. Earland Guetzkow, New Germany 55367. Alton S. Windsor, Sr., doing business as Wind given that, as of December 1, 1967, the Donald Hippert, Kasson 55944. following persons were licensed as deal sor Biology Gardens, Box 1210, Blooming ton 47401. Ben M. Kruger, Hayfield 55940. ers under said Act and regulations as Harry K. Zook, doing business as Maple Hill Allen W. LaFave, 402 Third Street SE., East indicated below; Kennel, Rural Route 5, Martinville 46151. Grand Forks 56721. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20741 Norman L. Larson, doing business as Wayside Ronald M. Barlow, doing business as Barlow Haycock Kennels, Inc., Rural Delivery 4, Kennels, Route 2, Box 449, Long Lake 55336. Research Animals, Ridge Road, Pompey Quakertown 18951. Math Serger, Watkins 55389. 13138. Charles Hazzard, doing business as North M. J. Wachlin, Sargeant 55973. Beagles for Research, Inc., White Sulphur Creek Kennels, Box 121, West Chester Springs 12787. M is s is s ip p i 19380. Mrs. Eugenia K. Bean, Rural Route 3, Iowa M. L. Kredovski, doing business as Lone Trail Holley Vanlandingham, Post Office Box 133, Road, Moravia 13118. Kennels, Post Office Box 46, Friedensburg Vardanian 38878. Claude Benjamin, doing business as Lake 17933. Brook Kennel, Hobart 13788. M is s o u r i Dale M. Lightner and Myrtle M. Mehring, Cornell Dog Farm—New York State College partners, doing business as The Orange and Bill Adams, doing business as Adams Ken of Agriculture at Cornell University, 37 Black Farm, Rural Delivery 5, Hanover nels, 602 North Allen, Marshall 65340. Sapsucker Woods Road, Ithaca 14850. 17331. Wanda Bamfield, doing business as Bar-Wan Dr. Thomas M. Flanagan, doing business as William R. Miller, doing business as Broken Babbitry and Kennel, Route 1, Box 60, Grouse Ridge Kennel’s, Manley Road, Arrow Kennels, Box 111, McConnelsburg Crocker 65452. Norwich 13815. 17233. Elmer G. Hines, doing business as Sho-Me Food and Drug Research Laboratories, Inc., Vincent Neamond and Janet Neamond, part-’ Kennels, Rural Route 1, Grain Valley 64029. Maurice Avenue at 58th Street, Maspeth ners, doing business as White Eagle Farms, Woodrow W. Huffstutler, Vienna 65582. 11378. 2015 Lower State Road, Rural Delivery 3, Dr. M. L. McGown, 208 East Church Street, Arthur F. Keicher, 948 South French Road, Doylestown 18901. Aurora 65605. Cheektowaga 14225. George F. Pierce, doing business as Pleasant Harold Miller, Granger 63442. Kinwood Farm, Inc., Rural Delivery 1, Manns- View Kennel, Box 131, Rural Delivery 3, Dick Palmer, doing business as Palmer’s Live ville 13661. Hummelstown 17036. stock Farm, Rural Route 2, Box 186, Liberal Marshall Research Animals, Inc., North Rose Harry Pratt, doing business as Pratt Labora 64762. 14516. tories, 1739 South 54th Street, Philadelphia Charles E. Sharp, D.O., and Roy Woods, Steven Molnar, 231 Union Street, Box 182, 19143. partners, doing business as Calleo Animal Hudson 12534. Frances V. Stinson, doing business as Hy-Line Welfare, Box D, Calleo 63534. Clarence Morey, Rural Delivery 2, Waverly Beagles, Kellers Church Road, Bedminster 14892. M o n t a n a 18910. J. J. Nowak, doing business as J. J. Nowak Marlin U. Zartman, Rural Delivery 2, Doug- Earl M. Pruyn, doing business as Pruyn Kennels, 4347- Broadway, Depew 14043. lassville 19518. Veterinary Hospital, 1515 Livingston, Mis Michael Partisky, Route 52, Holmes 12531. soula 59801. Robert W. Steedman, North Road, Leroy R h o d e I sland N ebraska 14482. James Leo Burke, doing business as Shangri- Donald L. Stumbo, doing business as Stumbo I Mrs. Kenneth Campbell, South Pulton, Falls La Kennels, 750 Greenville Avenue, Johns Farms, Reed Road, Lima 14485. ton 02919. I City 68355. Eugene E. Wells, Box 174, Springfield Center I Sam A. Gross, Shlckley 68436. 13468. T e n n e s s e e [Harold Hansen and Viola Hansen, partners, Western New York Animal Resources, Inc., Barney, Inc., 4119 Hillsboro Road, Nashville I Route 2, Hooper 68031. 10 Boston Road, Ontario 14519. 37215. i Clarence E. Hayes, 7732 Main Street, Ralston Warren H. Wilson, Shay Road, Middlesex Terrell Fisher, Route 1, Greenbrier 37073. 68127. 14507. William L. Hargrove Jr., West Avenue, Me Richard McGinnis, Route 3, Omaha 68123. O h io dina 38355. Mrs. Sylvia Meisinger, Rural Route 1, Ash James B. Wampler, doing business as Rocky land 68003. Paul Anthony, Route 1, Trestle Road, St. Mountain Kennels, Post Office Box 991, N e w H a m p s h ir e Paris 43072. Cleveland 37311. Carrol Blue, doing business as Blue’s Animal Henry Bickford, Goose Pond Road, Lyme T exas Center 03769. Farm, Route 1, Plain City 43064. John B. Simpson, Pike 03780. James C. Cotrell and George F. Cotrell, part Carmon Nichols, doing business as Carmon ners, doing business as Cotrell Farm and Nichols Kennels, 100 South Elm Street, N e w J ersey Kennel, Route 1, Fort Laramie 45845. Bonham 75418. James Joseph Barton and Edward D. Barton, Romeo Marchetti and Quintino Marchettl, Dr. James E. Teague, doing business as Dub I partners, doing business as Barton’s West partners, doing business as Roe-Quinn lin Veterinary Clinic, Post Office Box 206, | End Farms, Rural Delivery 1, Box 45, Kennels, 16728 Route 700, Burton 44021. Dublin 76446. | Hackettstown 07840. Frank H. Maxfield, doing business as Maxfield Carl Walden, doing business as Clayco Ken Carl Calabrese, doing business as Eastcoast Animal Supply, Box 44004, 3192 Little Dry nels, Box 506, Henrietta 76365. ! Animal Supply, 477 North Main Street, Run Road, Cincinnati 45244. j Lodi 07644. A. W. Sterrett, doing business as A. W. Ster- U t a h ¡Henry Christ, Box 217, Marlboro Road, Old rett Laboratory Animals, 2223 Savoy Ave Thomas F. Imlay, doing business as Dogs for | Bridge 08857. nue, Akron 44305. Research, 4996 South Redwood Road, Mur ¡George Clauss, 18—19 Saddle River Road, ray 84107. k l a h o m a Eairlawn 07410. O V e r m o n t [Howard E. Doolittle, doing business as H Charles Alexander, doing business as Alex Allen Clark, Box 171, Hartford 05047. f Bar D Farms, Rural Delivery 1, Box 103, ander’s Kennels, Route 1, Wayne 73095. Harold I. Johnson, Star Route 2, Windsor [ Lafayette 07848. ¡John W. Jaeger, doing business as John W. O regon 05089. 1 Jaeger Enterprises, Post Office Box 345, Richard Frank Lahue, doing business as James Dennis, 332 A Street, Vernonia 97064. Shady Maples Animal Farm, Box 132, East Rural Delivery 1, Sussex 07461. Percy A. Powers, doing business as Gresham K-G Farms, Inc., 3651 Hill Road, Parsippany Berkshire 05447. 07054. • Veterinary Clinic, 520 Northwest Division, Gresham 97030. V ir g in ia onald Munson, doing business as Munson Farms, Almond Road, Norma 08347. Robert Shoemake, doing business as R. G. ANTEC Corp., 1162 Daleview Drive, McLean finest Parker and Walter H. Daniels, part Kennels, 17225 Southeast McLoughlin 22101. ners, doing business as West Jersey Ken- Boulevard, Milwaukie 97222. Dublin Laboratory Animals, Inc., Box 875, Dublin 24084. [pri ’ Lindenwold 08021. P ennsylvania "ice Laboratories, Inc., 2367 Lakewood Road, Sidney J. Edwards, 2014 West Norfolk Road, I toms River 08753. The Buckshire Corp., Ridge Road, Route 1, Chesapeake 23703. f alley Farms, Post Office Box 585, West Pater- Perkasie 18944. Hazelton-Saunders, Inc., Post Office Box 8, r son 07424. Dierolf Farms, Inc., Post Office Box 26, Rural Midlothian 23113. [Lloyd D. Wenger, doing business as Wenger Delivery 2, Boyertown 19512. Leslie H. Judd and Ronnie Judd, partners, Jam b m’Box 235• 0xford 07863. Sam Esposito, Box 137, Rural Delivery 1, doing business as Rockey Lane Kennels, ifcfJLr Williams, doing business as HiUdale Quakertown 18951. Route 1, Edinburg 22824. viuTo83®2X 728’ DutchmiU Road* Franklin- Patricia Haab, Daisy M. Grosso, and Walter Noel E. Leach, doing business as Leach Ken Haab, partners, doing business as Pocono nels, Route 3, Chase City 23924. N e w Y o r k Rabbit Farm and Laboratory, Dutch wm Jack T. Musick, 2333 Shakeville Road, Bristol f e o H Rou*ie 17-M, M.D. 1, Monroe Road, Canadensis 18325. 24201. W. J. Haas, doing business as Three Springs Earl Saunders, doing business as Myers Creek I 14850^e^ n^er’ Tree Road, Ithaca Kennels, 146 Bascom Street, Pittsburgh Kennel and Supply Co., Route 2, Box 666, 15214. Lancaster 22503. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20742 NOTICES John P. Thompson, R.F.D. 2, Box 63, Saltville Indiana—Continued Kingdom. Intended use of article: The 24370. Marshall. Steuben. article will be used in research projects E. W. Wilson, Box 413, Tazewell 24651. Miami. Sullivan. that include studies of amyloid fibers W a s h in g t o n Montgomery. Tippecanoe. morphologic variations of elementary Morgan. Tipton. H. D. Cowan, 18015 140th Avenue SE., Ren particles of mitochondrial membranes, Newton. Union. renal ultrastructure, various disease tis ton 98055. Noble. Vermillion. Robert L. Dry and Margot P. Dry, partners, Parke. Vigo. sue, and experimentally altered tissues. doing business as Berliner Zwinger Ken Porter. Wabash. Comments: No comments havt been re nels, Route i, Box 302, Colbert 99005. Pulaski. Warren. ceived with respect to this application. Charles C. Kruger, D.V.M., doing business as Putnam. Wayne. Decision: Application approved. No in Schaferhaus Kennels, 33707 30th Avenue Rush. South, Auburn 98002. Wells. strument or apparatus of equivalent Mrs. Janet R. Wilcox, doing business as Ja- St. Joseph. Whitley. scientific value to the foreign article, for reaux Kennels, 26607 Pacific Highway Starke. the purposes for which the article is in South, Kent 98031. O h io tended to be used, is being manufactured Allen. Madison. W e s t V ir g in ia in the United States. Reasons: (1) The Ashtabula. Mercer. foreign article provides a guaranteed Mrs. Ella Jane Custer, doing business as Auglaize. Morrow. resolution of 5 Angstroms. The only Custer’s Boarding, Kennels, Dallas Pike, Brown. Ottawa. Triadelphia 26059. Champaign. Paulding. known domestic instrument, the Model John P. Troxell, doing business as The "Show Clark. Putnam. EMU-4 electron microscope manufac Me” Farm, Route 4, Box 197d, Martins- Defiance. Richland. tured by the Radio Corporation of Amer burg 25401. Delaware. Sandusky. ica (RCA), provides a guaranteed reso W is c o n s in Erie. Seneca. lution of 8 Angstroms. (The lower the Fulton. Van Wert. Fred J. Barr, doing business as Bar Beagle numerical rating in terms of Angstrom Hancock. Williams. units, the better the resolution.) For the Kennels, Route 2, Greenwood 54437. Highland. Wood. Richard Bubolz, R.F.D. 2, Rio 53960. Huron. Wyandot. purposes for which the foreign article is Mrs. Doris Carlstrom, Ellsworth 54011. Lucas. intended to be used, the additional re John W. Evans, doing business as Merry Hill T exas solving capabilities of the foreign article Kennel, Route 1, Box 177, Sun Prairie Van Zandt. are pertinent. (2' The foreign article 53590. Felix A. Hartmeister, doing business as Pursuant to the authority set forth provides 5 accelerating voltages, 30, Northern Biological Supply, 455 South Arch above, emergency loans will not be made 40, 50, 60, and 80 kilovolts, whereas the Avenue, New Richmond 54017. in the above-named counties after June RCA Model EMU-4 provides only two Walter Peuschel, 13101 North Wauwatosa accelerating voltages, 50 and 100 kilo Road, 76 West, Mequon 53092. 30, 1968, except to applicants who pre volts. It has been experimentally estab Ridglan Farms, Inc., 301 West Main Street, viously received emergency or special lished that the lower accelerating voltage Mount Horeb 53572. livestock loan assistance and who can of the foreign article affords optimum Joseph R. Schettle Frog Farm, Inc., Houlton. qualify under established policies and contrast for unstained biological Leonard Tauber, Route 1, Waldo 53093. procedures. speci Stanley Wilke, R.FD. 2, Waunakee 53597. mens and that the voltages intermediate Done at Washington, D.C., tins 18th between 50 and 100 kilovolts afford opti Done at Washington, D.C., this 19th day of December 1967. mum contrast for negatively stained day of December 1967. Orville Li. F reeman, specimens. For the purposes for which E. E. S aulmon, Secretary. the foreign article is intended to be used, Director, Animal Health Divi the additional accelerating voltages pro [FJt. Doc. 67-14861; Filed, Dec. 21, 1967; vided by the foreign article are pertinent. sion, Agricultural Research 8:47 a.m.] Service. For the foregoing reasons, we find that the RCA Model EMU-4 electron micro [FJt. Doc. 67-14917; Filed, Dec. 21, 1967; 8:50 a.m.] scope is not of equivalent scientific value to the foreign article, for the purposes DEPARTMENT OF CCMMERCE for which such article is intended to be Office of the Secretary Business and Defense Services used. AHministration The Department of Commerce knows INDIANA, OHIO, AND TEXAS of no other instrument or apparatus of UNIVL OF WASHINGTON Designation of Areas for Emergency equivalent scientific value to the foreip M^ICAL SCHOOL article, for the purposes for which such Loans article is intended to be used, which is For the purpose of making emergency Notice of Decision on Application for being manufactured in the United States. Duty-Free Entry of Scientific Article loans pursuant to section 321 of the Con Charley M. D enton, solidated Farmers Home Administration The following is a decision on an ap Director, Office of Scientific and Act of 1961 (7 U.S.C. 1961), it has been plication for duty-free entry of a scien Technical Equipment, Busi determined that in the hereinafter- tific article pursuant to section 6(c) of ness and Defense Services j named counties in the States of Indiana, the Educational, Scientific, and Cultural Administration. Ohio, and Texas, natural disasters have Materials Importation Act of 1966 (Pub caused a need for agricultural credit not [F.R. Doc. 67-14885; Filed, Dec. 21, 1967; lic Law 89-651 r 80 Stat. 897) and the 8:49 am.] readily available from commercial banks, regulations issued thereunder (32 F.R. cooperative lending agencies, or other 2433 et seq.). responsible sources, A copy of the record pertaining to LOUISIANA STATE UNIVERSITY ET AL. I n d ia n a this decision is available for public re view-during ordinary business hours of Notice of Applications^for Duty-Fr®e Adams. Grant. the Department of Commerce, at the Entry of Scientific Articles Allen. Hamilton. Office of Scientific and Technical Equip Benton. Hendricks. The following are notices of the re Blackford. Henry. ment, Department of Commerce, Room ceipt of applications for duty-free entry Boone. Howard. .. 5123, Washington, D.C. 20230. of scientific articles pursuant to section Cass. Huntington. Docket No. 68-00169-33-46040. Appli 6(c) of the Educational, Scientific and Clay. Jasper. cant: University of Washington Medical Cultural Materials Importation Act w Decatur. Jay. School, Department of Pathology, Se 1966 (Public Law 89-651; 80 Stat. »971. De Kalb. Kosciusko. attle, Wash. 98105. Article: Electron Interested persons may present their Elkhart. Lagrange. question o Fayette. Lake. Microscope, Model EM6-B, and Anticon views with respect to the Fountain. La Porte. tamination Device. Manufacturer: Asso whether an instrument or apparatus Fulton. Marion. ciated Electrical Industries, Ltd., United equivalent scientific value for the pu1' FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20743 poses for which the article is intended NEW HAVEN COLLEGE Docket No. 68-00252-01-77030. Appli to be used is being manufactured in the cant: East Tennessee State University, United States. Such comments must be Notice of Applications for Duty-Free Johnson City, Tenn. 37601. Article: Nu filed in triplicate with the Director, Of Entry of Scientific Articles clear Magnetic Resonance Spectrometer, fice of Scientific and Technical Equip The following are notices of receipt Model JNM-C-60H with attachments. ment, Business and Defense Services of applications for duty-free entry of Manufacturer: Japan Electron Optics Administration, Washington, D.C. 20230, scientific articles pursuant to section Laboratory Co., Inc., Japan. Intended within 20 calendar days after date 6(c) of the Educational, Scientific and use of article: The article will be used on which this notice of application is Cultural Materials Importation Act of for teaching purposes and various spe published in the F ederal R egister. 1966 (Public Law 89-651; 80 Stat. 897). cific analytical chemistry research Regulations issued under cited Act, Interested persons may present their projects as listed in the application. Ap published in the February 4, 1067 issue views with respect to the question of plication received by Commissioner of of the F ederal R egister, prescribe the whether an instrument or apparatus of Customs: November 28, 1967. requirements applicable to comments. equivalent scientific value for the pur Charley M. D enton, A copy of each application is on file, poses for which the article is intended Director, Office of Scientific and and may be examined during ordinary to be used is being manufactured in the Technical Equipment, Busi Commerce Department business hours United States. Such comments must be ness and Defense Services at the Office of Scientific and Technical filed in triplicate with the Director, Of Administration. Equipment, Department of Commerce, fice of Scientific and Technical Equip [P. R. Doc. 67-14887; Piled, Dec. 21, 1967; Room 5123, Washington, D.C. ment, Business and Defense Services Ad 8:49 a.m.] A copy of each comment filed with the ministration, Washington, D.C. 20230, Director of the Office of Scientific and within 20 calendar days after date on Technical Equipment must also be which this notice of application is pub UNIVERSITY OF MISSOURI ET AL. mailed or delivered to the applicant, or lished in the F ederal R egister. its authorized agent, if any, to whose Regulations issued under cited Act, Notice of Applications for Duty-Free application the comment pertains; and published in the February 4, 1967 issue Entry of Scientific Articles the comment filed with the Director of the F ederal R egister, prescribe the The following are notices of receipt must certify that such copy has been requirements applicable to comments. of applications for duty-free entry of mailed or delivered to the applicant. A copy of each application is on file, scientific articles pursuant to section Docket No. 68-00246-00-76560. Appli and may be examined during ordinary 6(c) of the Educational, Scientific and cant: Louisiana State University in New Commerce Department business hours Cultural Materials Importation Act of Orleans, Lakefront, New Orleans, La. at the Office of Scientific and Technical 1966 (Public Law 89-651; 80 Stat. 897). 70122. Article: Extension for Steinheil Equipment, Department of Commerce, Interested persons may present their Universal Spectrograph. Manufacturer: Room 5123, Washington, D.C. views with respect to the question of Optische Werke C.A. Steinheil Soehne, whether an instrument or apparatus of GMBH, West Germany. Intended use of A copy of each comment filed with the Director of the Office of Scientific and equivalent scientific value for the pur article: The article will be used as a poses for which the article is intended high (f/4) aperature attachment for the Technical Equipment must also be mailed or delivered to the applicant, or to be used is being manufactured in the Steinheil Universal Spectrometer now United States. Such comments must be used at the applicant institution. Ap its authorized agent, if any, to whose application the comment pertains; and filed in triplicate with the Director, Of plication received by Commissioner of fice of Scientific -and Technical Equip Customs: November 22,1967. the comment filed with the Director must certify that such copy has been mailed ment, Business and Defense Services Ad Docket No. 68-00247-15-40500. Appli or delivered to the applicant. ministration, Washington, D.C. 20230, cant: Bartol Research Foundation, Whit within 20 calendar days after date on tier Place, Swarthmore, Pa. 19081. Docket No. 68-00250-01-77030. Appli which this notice of application is pub cant: New Haven College, 300 Orange Article: Automatically Controlled Fabry- lished in the F ederal R egister. Perot Interferometer. Manufacturer: Avenue, West Haven, Conn. 06505. Ar Regulations issued under cited Act, Scientific Optical Laboratories of Aus ticle: Nuclear Magnetic Resonance published in the February 4, 1967 issue Spectrometer, Model JNM-C-60H, with tralia, Pty. Ltd., Australia. Intended use of the F ederal R egister, prescribe the of article: Applicant states: The article 60 MHz RF unit and probe for observing requirements applicable to comments. will be used for “astronomical research.” proton resonance with other attach A copy of each application is on file, Application received by Commissioner of ments for other nuclei studies. Manu and may be examined during ordinary Customs: November 22, 1967. facturer: Japan Electron Optics Labo Commerce Department business hours Docket No. 68-00249-33-46040. Appli ratory Co., Inc., Japan. Intended use of at the Office of Scientific and Technical cant: University of Pennsylvania, Ad article. The article will be used for Equipment, Department of Commerce, ministrative Offices, Philadelphia, Pa. teaching purposes and various specific Room 5123, Washington, D.C. 19104. Article: Electron Microscope, analytical chemistry research projects A copy of each comment filed with Model Elmiskop IA, and attachments. as listed in the application. Application the Director of the Office of Scientific Manufacturer: Siemens AG, West Ger received by Commissioner of Customs: and Technical Equipment must also be many. Intended use of article: The November 27, 1967. mailed or delivered to the applicant, or article will be used to continue studies Docket No. 68-00251-33-46040. Appli its authorized agent, if any, to whose of central nervous system disorders with cant: Stanford University, 820 Quarry application the comment pertains; and special concentration on morphological Road, Palo Alto, Calif. 94304. Article: the comment filed with the Director must tuaies of membrane systems and of Electron Microscope, Model HS-8. Man certify that such copy has been mailed particles of probable viral nature by ufacturer: Hitachi, Ltd., Japan. In or delivered to the applicant. analysis of subunit structures. The ap- tended use of article: The article will be Docket No. 68-00242-01-77040. Appli p cant lists 44 publications as references used to correlate morphological obser cant: University of Missouri at Rolla, . "®se intended uses. Application re vations with biochemical findings. The General Services Building, Purchasing ceived by Commissioner of Customs: observations will include localization and Department, Rolla, Mo. 65401. Article: November 27, 1967. description of developing subcellular or Mass Spectrometer, Model Atlas GD- ganelles as well as development of mor Charley M. D enton, 150. Manufacturer: Atlas Messund Director, Office of Scientific and phological criteria for recognition of AnalysenTechnik GMBH, West Ger Technical Equipment, Busi cells growing in tissue culture. Localiza many. Intended use of article: The arti ness and Defense Services tion of specific enzyme proteins on par cle will be used for graduate teaching Administration. ticular membrane structures during de and research at the applicant institution. velopment will also be studied. Applica The application further shows that the 1P-R. Doc. 67-14886; Piled, Dec. 21, 1967; tion received by Commissioner of Cus 8:49 a.m.] instrument will be used for the kinetic toms: November 27, 1967. measurement of one isotope in a particu- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20744 NOTICES lar mass range and that the mass range a. Study of the fine structure of the junc that is not generally used in photogram of remaining isotopes may be studied by tional complexes in epithelia, mesothelia, metric laboratories. Neither of these two and endothelia.* * * a determination of the isotope ratios in b. Fine structural investigation of the classes of photogrammetric instruments that mass range. Investigations will be localization of various enzymes in skeletal are suitable for the purposes for which conducted over a period of several days muscle, cardiac muscle, and interstitial cells the foreign article is intended to be used. duration as the isotope composition is of the testes.* * * The Department of Commerce there of low abundance. Application received c. Study of a large variety of pathological fore finds that no instrument of equiva by Commissioner of Customs: November lesions both in experimental animals and in lent scientific value to the foreign article, 17, 1967. the human disease, specifically related to for the purposes for which such article is states of acute and chronic inflamma manufac Docket No. 68-00243-80-46040. Appli tion.* * * intended to be used, is being cant: The City College Research Foun d. Study of interactions between macro tured in the United States. dation of The City College of New York, phages and red cells under immunological Charley M. D enton, 138th Street and Convent Avenue, New conditions.* * * Director, Office of Scientific and York, N.Y. 10031. Article: Electron Mi Application received by Commissioner of Technical Equipment, Busi- croscope, Model EM 300 with Plate Customs: November 22,1967. siness and Defense Services Camera, Rotating Tilting Stage, High Administration. Charley M. D enton, Temperature Holder, Low Temperature [F.R. Doc. 67-14889; Filed, Dec. 21, 1967; Holder, Temperature Control, Decon Director, Office of Scientific 8:49 a.m.] tamination Device, High Resolution Dif and Technical Equipment, fraction Attachment, Water Recircu Business and Defense Services lator, 70-mm. Film Holder equipped with Administration. DEPARTMENT OF AGRICULTURE Auto Translation between exposures, TV [F.R. Doc. 67-14888; Filed, Dec. 21, 1967; display witth Plumbicon, monitor and 8:49 a.m.] Notice of Decision on Application for recorder. Manufacturer: Philips Elec Duty-Free Entry of Scientific Article tronics NVD, The Netherlands. Intended OHIO STATE UNIVERSITY The following is a decision on an appli use of article: Applicant states: cation for duty-free entry of a scientific . . . [The article will be used for] investi Notice of Decision on Application for article pursuant to section 6(c) of the gation of the fine structure of materials in Duty-Free Entry of Scientific Article Educational, Scientific, and Cultural such diverse disciplines as biology, metal Materials Importation Act of 1966 (Pub lurgy, polymers, ceramics, as well as physical The following is a decision on an ap lic Law 89-651; 80 Stat. 897) and the and organic chemistry. plication for duty-free entry of a scien regulations issued thereunder (32 Fit. Projects which will involve immediate use tific article pursuant to section 6(c) of 2433 et seq.). of this facility are cited below: the Educational, Scientific, and Cultural A copy of the record pertaining to this 1. The morphology and structure of or Materials Importation Act of 1966 (Pub decision is available for public review ganic polymer crystals. lic Law 89-651; 80 Stat. 897) and the 2. The structure of protozoan cell mem during ordinary business hours of the branes. regulations issued thereunder (32 FJR. Department of Commerce, at the Office 3. Cryptocotyle lingua and its significance 2433 et seq.). of Scientific and Technical Equipment, for problems of trematode structure and A copy of the record pertaining to this Department of Commerce, Room 5123, function. decision is available for public review Washington, D.C. 20230. 4. Analytic and odor studies of organic during ordinary business hours of the Docket No. 68-00087-33-46040. Appli aerosols in air. Department of Commerce, at the Office 5. The mechanism of particle nucléation in cant: U.S. Department of Agriculture, emulsion polymerization. of Scientific and Technical Equipment, Agricultural Research Service, Crops Re 6. Fundamentals of the oxidation pro Department of Commerce, Room 5123, search Division, Plant Industry Station, tection of columbium and tantalum. Washington, D.C. 20230. Beltsville, Md. 20705. Article: Electron 7. Vacuum deposition of aluminum oxide Docket No. 68-00122-85-91000. Appli Microscope, Model EM-200 with power and the refractory metals to form coatings cant: The Ohio State University, 190 supply cabinet, specimen-chamber cool and structures. North Oval Drive, Columbus, Ohio 43210. ing device, heated objective aperture with 8. Hard facing of steel by vacuum dep Article: Stereoplotter, Model B-8 Avio- power supply, closed circuit water cool osition for high temperature dies. graph. Manufacturer: Wild Heerbrugg ing unit with automatic water shut off. Application received by Commissioner of Instruments, Inc., Switzerland. Intended Manufacturer: N. V. Philips, Holland. Customs: November 17,1967. use of article: Applicant states: Intended use of article: Applicant states: Docket No. 68-00244-60-73610. Appli * * * The instrument embodies the prin The instrument for which free entry Is cant: University of Hawaii, Plant Path ciple of optical-mechanical system geared to requested will be used for determination of medium and small scale mapping from wide both gross particle morphology and particle ology, 1825 Edmundson Road, Henke and super wide angle photographs * * *. size and for studies of internal particle struc Hall, Room 311, Honolulu, Hawaii 96822. The B-8 Stereoplotter is to be used in the ture, including studies of virus synthesis and Article: Spore Trap, Model T 13500/1007. Instruction of the optical mechanical prin degradation. Development of viral inclusions Manufacturer: C. F. Casella & Co., ciple in stereophotogrammetry and the in will also be studied within the cell. Limited, United Kingdom. Intended use struction and research in mapping and revi The instrument will also be used to study of article: Applicant states: “[The arti sion of topographic maps at medium scales, subceUular structure including mitochon cle will be used for the! sampling of air compilation of small-scale maps from aerial dria, plastids and other cell organelles. to determine what types of micro spores photographs, investigation based on aerial wide and super wide angle images for scien Comments: No comments have been re are present volumetrically and by the tific and engineering purposes. ceived with respect to this application. hour.” Application received by Commis Decision: Application approved. No in sioner of Customs: November 22, 1967. Comments: No comments have been re strument or apparatus of equivalent Docket No. 68-00245-33-46040. Appli ceived with respect to this application. scientific value to the foreign article, cant: Harvard University, Purchasing Decision: Application approved. No in for the purposes for which such ar Department, 75 Mount Auburn Street, strument or apparatus of equivalent sci ticle is intended to be used, is being Cambridge, Mass. 02138. Article: Elec entific value to the foreign article, for manufactured in the United States. tron Microscope, Model EM 200. Manu the purposes for which such article is Reasons: (1) The foreign article pro facturer: Philips Electronics N.VJD., The intended to be used, is being manufac vides accelerating voltages of 40, 60, Netherlands. Intended use of article: tured in the United States. Reasons: The 80, and 100 kilovolts. The only known Applicant states: foreign article is intended to be used for comparable domestic instrument, the graduate research and instruction in the Model EMU-4 electron microscope manu The electron microscope will be used for continuing research programs in medical and principles of stereophotogrammetry. The factured by the Radio Corporation oi biological research. The project Includes only known domestic photogrammetric America (RCA), provides accelerating diverse activities, some of which are outlined instruments are either completely auto voltages of only 50 and 100 kilovolts, w below: matic or are of a highly complex design has been experimentally established thai FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20745 the lower accelerating voltage provided to the foreign article, for the purposes for the conduct of all activities of the by the foreign article affords optimum for which such article is intended to be Economic Development Administration contrast for unstained specimens and used, is being manufactured in the subject to the policies and directives pre that the voltages intermediate between United States. Reasons: (T) The foreign scribed by the Secretary of Commerce. 50 and 100 kilovolts afford-optimum con article provides a guaranteed resolution He assists the Secretary in the general trast for negatively stained specimens. of .five Angstroms. The only known com supervision and coordination of the Fed We find the additional accelerating volt parable domestic instrument, the Model eral cochairmen and in the resolution of ages provided by the foreign article to be EMU-4 electron microscope manufac policy questions between the Federal co- pertinent to the purposes for which such tured by the Radio Corporation of Amer chairmen, the Federal Development article is intended to be used. (2) The ica (RCA), provides a guaranteed resolu Committees and other Federal agencies. foreign article provides a magnification tion of 8 Angstroms. (The lower the .02 The Deputy Assistant Secretary range from 300 X to 350,000 X whereas numerical rating in terms of Angstrom directs and coordinates the Area Offices, the RCA Model EMU-4 provides a units, the better the resolution.) For the assists the Assistant Secretary in all magnification range from 1,400 X to purposes for which the foreign article is matters affecting the Economic Develop 200,000 X. For the purposes for which intended to be used, we find the differ ment Administration, and performs the the foreign article is intended to be used, ence between 5 and 8 Angstroms in reso duties of the Assistant Secretary during we find that magnifications from 400 X lution to be pertinent. (2) The foreign the latter’s absence. to 250,000 X are necessary. "article provides five accelerating volt Sec. 4. Functions of the Office of the ! For the foregoing reasons, we find that ages, 30, 40, 50, 60, and 80 kilovolts, Deputy Assistant Secretary for Policy [the RCA Model EMU-4 is not of equiva .whereas the RCA Model EMU-4 provides Coordination. The Deputy Assistant lent scientific value to the foreign article only two accelerating voltages, 50 and Secretary for Policy Coordination, as the for the purposes for which such article. 100 kilovolts. It has been experimentally principal advisor to the Assistant Secre ' is intended to be used. established that the accelerating voltages tary on matters of policy coordination | The Department of Commerce knows below 50 kilovolts afford the optimum shall: I of no other instrument or apparatus of contrast for unstained biological speci a. Exercise responsibility for EDA’s equivalent scientific value to the foreign mens and that the accelerating voltages interagency and intergovernmental re [article, for the purposes for which such intermediate between 50 and 100 kilovolts lations and its relations with those [article is intended to be used, which is afford the optimum contrast for nega quasi-public and private agencies inter [being manufactured in the United States. tively stained specimens. We therefore ested in economic development; find that the accelerating voltages pro b. Develop policies for improving Fed Charley M. Denton, vided by the foreign article, but not eral, State, and local government eco Director, Office of Scientific possessed by the RCA Model EMU-4 elec nomic development programing; and Technical Equipment, tron microscope are pertinent to the pur c. Provide staff assistance in defining Business and Defense Serv poses for which the foreign article is policy issues, coordinate the development ices Administration. intended to be used. and formulation of policy for considera [F.R. Doc. 67-14890; Piled, Dec. 21, 1967; For the foregoing reasons, we find that tion by the Assistant Secretary, explain 8:49 a.m.] the RCA Model EMU-4 electron micro the position of the Administration, and scope is not of equivalent scientific value exercise principal staff responsibility for to the foreign article for the purposes for policy review and evaluation; UNIVERSITY OF NORTH CAROLINA which such article is intended to be used. d. Represent the Administration on Notice of Decision on Application for The Department of Commerce knows international organizations when so Duty-Free Entry of Scientific Article of no other instrument or apparatus of de§ignated; equivalent scientific value to the foreign e. Coordinate and manage Adminis The following is a decision on an appli article, for the purposes for which such tration representation on interagency cation for duty-free entry of a scientific article is intended to be used, which is committees; article pursuant to section 6(c) of the being manufactured in the United States. f. Serve as Executive Secretary and, as Educational, Scientific, and Cultural Ma required, provide or arrange for staff terials Importation Act of 1966 (Public Charley M. D enton, support for the National Public Advisory Law 89-651; 80 Stat. 897) and the regu Director, Office of Scientific Committee on Regional E c o n o m ic lations issued thereunder (32 F.R. 2433 and Technical Equipment, Development; etseq.). Business and Defense Serv- ' g. Act as an alternate to the Assistant A copy of the record pertaining to this ices Administration. Secretary in serving as Chairman of [decision is available for public review [F,R. Doc. 67-14891; Filed, Diec. 21, 1967; EDA’s Policy Planning Board and pro during ordinary business hours of the 8:49 a.m.] vide secretariat services for the Policy [Department of Commerce, at the Office Planning Board; and of Scientific and Technical Equipment, h. Review and evaluate legislative and Department of Commerce, Room 5123, Office of the Secretary administrative proposals related to eco Washington, D.C. 20230. [Dept. Order 5-B] nomic development and intergovern Docket No. 68-00105-33-46040. Appli mental relations for substantive and cant: University of North Carolina, Cen- ECONOMIC DEVELOPMENT policy implications. [ter for Research in Pharmacology and ADMINISTRATION Sec. 5. Functions of the Office of the [Toxicology, Research Triangle Institute, Organization and Functions Deputy Assistant Secretary for Economic Research Triangle, Chapel Hill, N.C. Development Planning—.01 The Deputy Ip* ' Artöcle: Electron Microscope This order supersedes the material ap Assisant Secretary for Economic De [EM6B and Plate Desiccator. Manufac- pearing at 31 F.R. 16729, December 30, velopment Manning is the principal ad lrwer: Associated Electrical Industries, 1966; and 32 F.R. 10386, July 14, 1967. visor to the Assistant Secretary on mat Ib- isla n d . Intended use of article: S ection 1. Purpose. The purpose of ters of development planning. Through Iirological research which involves: (1) this order is to prescribe the organization the offices reporting to him, he shall: [Peeping and applying techniques for and assignment of functions within the a. Coordinate and direct EDA eco |rfgC'resolution autoradiography of solu- Economic Development Administration. nomic development planning relating to lmec°impounds, (2) in the fields of phar Sec. 2. Organization structure. The regions, districts (including economic de macology and toxicology the localization principal organization structure and line velopment centers), redevelopment areas, i drug concentrations within cell struc- of authority of the Economic Develop and other areas of substantial need; Lr’1^ the biomolecular level requiring ment Administration shall be as depicted b. Formulate and recommend to the In ^imate in resolution. Comments: in the attached organization chart. Assistant Secretary standards and cri | ° coinihcnts have been received with S ec. 3. ¡functions of the Office of the teria for administration of economic de Ly-rt to this application. Decision: Ap- Assistant Secretary for Economic De velopment planning by Area Officers; ann c.n approved. No instrument or velopment. .01 The Assistant Secretary ,c. Inform the Deputy Assistant Secre pparatus of equivalent scientific value directs the programs and is responsible tary for Policy Coordination of signifi- No. 247-----7 FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20746 NOTICES cant developments and problems affect to the appropriate offices of EDA and as the preparation and submittal of Dis- ing interagency and intergovernmental sist those offices, as required, in arrang trict OEDP’s, including the establish development planning for regions, dis ing and monitoring such research, tech ment of policies and standards for their tricts, and areas; nical assistance,-and other activities; review by Area Offices. d. Maintain an information system to 9. Serve as a source of information c. The Office of Area Planning and support development planning in regions, and special services for domestic and in Program Support which shall: districts, and redevelopment areas, and ternational regional development plan 1. Develop and maintain a system for to support program evaluation, budget ning; the collection, compilation, and reporting planning and reporting, and administra 10. Develop program guidance in or of project statistics for planning, opera tive control of project applications and der to facilitate the coordination of tional, and program management pur projects; efforts among EDA offices and with the poses ; e. Maintain a central reference collec Regional Commissions; and 2. Have prime responsibility for coordi-. tion of economic development materials; 11. Provide staff assistance and sup nating the preparation and distribution f. Designate economic development port to the Federal cochairmen of the of Area Policy Papers; districts, economic development centers, Regional Commissions. 3. Develop through these Area Policy redevelopment areas, and Title I areas b. The Office of Development DistrictsPapers an analysis of redevelopment which fulfill the statutory criteria; which shall: areas and a recommended strategy for g. Conduct an annual review of the 1. Design and carry out a program to each area’s economic development to areas and districts designated for assist establish multicounty development dis include a system of priorities for EDA’s ance under the Act and make such modi tricts in consultation and with the assist financial ¡assistance; fications or terminations of eligibility as ance and cooperation of EDA Area Of 4. Develop, evaluate, and recommend may be appropriate; fices, and with the concurrence of the approval of planning assistance grant h. Provide economic data, analyses, States affected; applications in redevelopment areas not and studies, and, in coordination with 2. Advise and assist Area Offices in located in economic development dis the Deputy Assistant Secretary for Eco implementing economic planning activ tricts, and monitor planning assistance nomic Development Operations, provide ities after the formal designation of Eco projects for program content; administrative funds to Regional Com nomic Development Districts (EDD); 5. Provide reports on the demand for missions, and planning grants to devel 3. Initiate policy guidelines and cri specified commodities and services, opment districts and areas; teria concerning the economic develop efficient capacity, and existing competi i. Recommend technical assistance ment district program for use by other tive enterprises in industries for use by proposals for areas, districts, and elements of EDA, and by appropriate the Deputy Assistant Secretary for Eco regions; and State and local agencies; nomic Development Operations in mak j. Provide a principal point of liaison 4. Evaluate and approve proposed eco ing determinations on excess capacity, with and support to the Federal cochair nomic development district organizations pursuant to section 702 of the Act; men and Regional Commissions. and programs for economic soundness, 6. Administer a comprehensive eco .02 The Deputy Assistant Secretary and for compatibility with the require nomic and administrative information for Economic Development Planning ments and intent of Title IV, part B of and data base system for the Adminis shall direct and supervise the following the Act; tration; organization elements: 5. Assist State and local efforts to or 7. Develop and recommend procedures а. The Office of Regional Development ganize economic development districts, for the preparation of redevelopment Planning which shall: including the preparation of district area and Title I area Overall Economic 1. Provide and evaluate information Overall Economic Development Pro Development Programs (OEDP’s) and to aid the Assistant Secretary in desig grams (OEDP’s) and the recruitment of policies and standards for their review nating economic development regions, professional staff; and approval by Area Offices, and evalu and subsequently, in modifying their 6. Develop and recommend model EDD ate and maintain surveillance of the boundaries, in accordance with provi administrative budgets, planning pro administration and certification of area sions of the Act; grams, reporting procedures, and job OEDP’s by Area Offices; 2. Assist States to establish Regional specifications; 8. Determine whether an area meets Action Planning Commissions (herein 7. Provide guidance to EDD organiza the statistical criteria to qualify as a after called “Regional Commissions”) tions on the techniques and methods of redevelopment area or a Title I area; ^ within designated regions; district economic analysis, budgeting, 9. Initiate changes in the qualification 3. Develop suggested criteria, meth and program planning; status of redevelopment areas and Title ods, and guidelines for use by the Re 8. Maintain a system of records to in I areas; gional Commissions in developing eco dicate progress as compared to planned 10. Initiate designation or change in nomic development programs; objectives on all grants made under sec the designation status of redevelopment 4. Provide, on request, staff assistance tion 301(b) of the Act; or Title I areas; to the Regional Commissions in prepar 9. Evaluate, recommend approval, and 11. Conduct an annual review of area ing work and study programs for regional administer planning grants made under eligibility and initiate termination of development planning; the Act to State and district agencies; areas no longer eligible for designation; 5. Advise Regional Commissions on the 10. Evaluate and recommend candi 12. Recommend minor adjustments in consistency and compatibility of regional dates for appointments to professional boundaries of redevelopment areas; and staff positions in economic development 13. Initiate suspension of the receipt plans and programs with Federal pro districts; grams and policies and on the regional and processing of all applications for as implications of national, social, eco 11. Recommend the designation, and/ sistance from areas and districts which nomic, and technological trends; or termination of economic development fail to submit acceptable OEDP progress districts and economic development reports. б. Arrange for administrative and in centers; formational services for the Regional Sec. 6. Functions of the Office o f the Commissions, including the following: 12. Promptly advise interested Federal, Deputy Assistant Secretary for Economic budgeting, publications, office, statistical, State, and local agencies of all changes Development Operations—.01 The Dep library, map and graphics; affecting the eligibility status of existing uty Assistant Secretary for Economic 7. Develop suggested program innova or proposed economic development dis Development Operations, through the tions to prevent regional decline and ac tricts; offices reporting to him shall: celerate regional growth based on studies 13. Prepare and distribute maps and a. Provide coordinated direction of all and research findings on the nature, related materials showing organizational EDA activities related to financial as causes, and processes of regional growth and designation status of economic de sistance for or to physical projects which and decline; velopment districts; and will improve local economies and super 8. Specify requirements for research, 14. Formulate planning and develop vise the execution of this aspect of the technical assistance, and similar services ment policies and procedures for guiding EDA programs; FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20747 b. Recommend standards, policies and 1. Recommend policies, standards, S ec. 7. Functions of the Office of Pro criteria for the technical evaluation and and procedures for processing and ap gram Analysis and Economic Research. processing of project applications for proving applications for financial assist The Office of Program Analysis and Eco financial assistance, including public ance for industrial or commercial usage, nomic Research shall: works grants and loans, business loans, consistent with the criteria contained a. Develop and implement measures of technical assistance and supplementary in the Act; resource utilization for programing and Appalachian assistance grants; 2. Review applications for commercial budgeting purposes and develop alterna c. Direct, conduct, coordinate, monitor or industrial loans and working capital tive long-range plans; and, where appropriate, originate tech guarantees, and recommend approval or b. Establish and implement a Program nical assistance projects (including denial; Planning and Budgeting System by management assistance and feasibility 3. Maintain surveillance over the im identifying objective-oriented program studies) subject to coordination with the plementation by Area Officers of policies, categories and developing a multiyear Deputy Assistant Secretary for Economic standards and procedures related to proc program budget; Development Planning on proposed essing loan applications for business de c. Prepare the annual Program Mem technical assistance projects related to velopment to assure efficient, effective, orandum and other analytical studies re area, district, center or regional plan and economical accomplishment of the quired by the Bureau of the Budget; ning; ' ' v - " ' ' business development programs; d. Develop and prepare the annual d. Review and recommend approval or 4. Develop and implement EDA ap budget for EDA; denial of project applications; proved agreements with the Small Busi e. Develop cost benefit studies to aid e. Evaluate activities of the Area Of ness Administration and other Federal the Assistant Secretary in making fices in applying policies, standards, and agencies to secure support of the busi choices and decisions, employing ad procedures for processing project appli ness development programs; vanced techniques of operations research cations to assure efficient, effective, and 5. Monitor operations of industrial and analysis, econometrics, and mathemati economical accomplishment of approved commercial projects approved by the Ad cal economics to determine the relative projects; ministration, including outstanding loans merit between, and the optimum balance for projects approved under provisions f. Execute agreements with other Fed among, alternative programs for eco of the Area Redevelopment Act, and pre nomic development; eral departments and agencies in con pare reports of accomplishments ; sultation with the Deputy Assistant Sec f. Evaluate the effectiveness of eco retary for Policy Coordination for the 6. Arrange for or provide needed spe nomic development projects, activities, cialized assistance to recipients of EDA and programs in achieving the objectives conduct of specialized technical assist industrial and commercial loans and ance; and . of the Act and EDA; guarantees and ARA loans; g. Direct and conduct a program of g. Study and devaluate the manpower 7. Develop policies, plans, and pro- internal and external economic research development and training needs of rede cedureè to improve or terminate projects designed to meet both planning and velopment areas and of economic devel in default of loan conditions; operating needs; opment districts, and recommend appro 8. Provide assistance in the liquidation h. Arrange for and monitor EDA priate joint action with the Departments of the affairs and functions conducted sponsored research brother elements of of Labor and Health, Education, and under the Area Redevelopment Act; and the Department, other Government Welfare. 9. Maintain operating liaison with agencies, or private organizations; .02 The Deputy Assistant Secretary other agencies concerned with the activi i. Encourage and stimulate research for Economic Development Operations ties of this office. and data collection on economic develop shall direct and supervise the following c. The Office of Technical Assistancement both in and out of Government; organization elements: which shall: j. Coordinate, review, analyze, and a. The Office of Public Works which 1. Propose policies, standards, and disseminate research findings and analy shall: procedures pertaining to the acceptance, sis of economic development processes; 1. Recommend policies, standards and review, and approval Of requests for k. Study and evaluate the effects of procedures for accepting, processing, re technical assistance, consistent with the Government policies on sub-national viewing, and approving requests for pub criteria of the Act; economic development; and lic works grants and loans, consistent 2. Plan and develop technical assist l. Plan and organize seminars, insti with the procedures contained in the Act; ance projects in cooperation with other tutes, and workshops on economic devel 2. Review and recommend for approv offices, where appropriate; opment in cooperation with, and for, al or denial public works grant and loan 3. Direct or monitor the performance interested persons in the public and pri project applications, and suggest alter and implementation of approved tech vate sectors. nate methods of financing where nical assistance projects; S ec. 8. Functions of the Office of the indicated; 4. Recommend policies, standards, and Chief Counsel. The Office of the Chief & Maintain surveillance, evaluate procedures for evaluating and utilizing Counsel shall: Progress, and submit reports on the appli the results of technical assistance a. Render all necessary legal services, cation by Area Offices of standards, pol- projects; subject to the provisions of Department * iries, and procedures to assure efficient, 5. Execute agreements with other Fed Order 104; and ! effective, and economical accomplish eral departments and agencies for the b. Have primary responsibility for the ment of the approved proj ects ; conduct of specialized technical assist preparation, coordination, and clearance ' 4. Arrange for services from other ance, in consultation with the Deputy of all legislation, regulations, and exter Federal agencies for the administration Assistant Secretary for Policy nal orders subject to the provisions of of approved public works grants and Coordination; applicable Department and Administra loans; 6. Recommend, to the Deputy Assist tive Orders. Maintain operating liaison with ant Secretary for Policy Coordination, S ec. 9. Functions of the Office of Pub Federal agencies having grant-in-aid policies and practices to facilitate effec lic Affairs. The Office of Public Affairs Programs which may supplement EDA tive relationships with other Government shall: Programs, and with those Federal agen agencies which have complementary a. Advise on all public information cies delegated responsibility for admin programs for technical assistance ; matters; istering or servicing EDA projects; and 7. Maintain surveillance over the ap b. Conduct a public information pro Plan and conduct a program to as plication of policies, standards, and pro gram under the policy guidance of the pire the orderly discharge of any De- cedures by the Area Offices in processing Assistant Secretary for Economic Devel cfffi ental responsibilities pursuant to project applications; opment; and ection 214 of the Appalachian Regional 8. Review and recommend project ap c. Provide assistance in the editing, development Act of 1965. plications for approval or denial; and printing, or reproduction, and distribu whichsh Development 9. Coordinate the efforts of EDA in the tion of technical materials and publica manpower training program. tions. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20748 NOTICES S ec. 10. Functions of the Office of f. Develop and conduct a program for i. Develop and maintain an account Congressional Relations. The Office of the efficient management of all official ing system and prepare financial reports Congressional Relations shall: records and the design and control of for internal and external use; and a. Advise on all Congressional matters official forms; j. Develop, interpret, and administer pertinent to the activities under the di g. Plan, arrange for, and coordinate travel regulations for the Economic De- rection of the Assistant Secretary; and any administrative management services velopment Administration in accordance b. Serve as the primary point of co obtained through the Departmental staff with Bureau o f the Budget and Depart ordination for continuing liaison with offices; ment of Commerce directives. the Congress in collaboration with the h. Plan and conduct a comprehensive S ec. 13. Economic Development Area Special Assistant to the Secretary for personnel program, and an equal op Offices. .01 The Economic Development Congressional Relations. portunity program as relates to employ Area Offices, headed by Area Directors, ment within the Administration; are as follows: S ec. 11. Functions of the Office of Equal Opportunity. The Office of Equal Opportunity shall : Name Located at- Serves a. Advise the Assistant Secretary in Northeastern. Portland, Maine... Connecticut, Maine, Massachusetts, New Hampshire, New the development and implementation of York, Rhode Island, and Vermont. policy and guidance affecting equality of Mid-Atlantic. Wilkes Barre, P a ... Delaware, Maryland, New Jersey, Pennsylvania, and Puerto opportunity connected with economic Rico. Mideastern... Huntington, W. Va Kentucky, North Carolina, Ohio, Virginia, and West Virginia, development programs; Southeastern. Huntsville, Ala___ Alabama, Florida, Georgia, Mississippi, South Carolina, and Tennessee. b. Maintain liaison with Federal, State North-central Duluth, Minn____ Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ne and local governmental organizations braska, North Dakota, South Dakota,'and Wisconsin. Southwestern Austin, Tex...... Arizona, Arkansas, Colorado, Kansas, Louisiana, New Mexico, and with nongovernmental organizations Nevada, Oklahoma, Texas, Utah, and Wyoming. to coordinate and assist in planning op Western...... Seattle, Wash____ Alaska, American Samoa, California, Guam, Hawaii,-Idaho, erations aimed at achieving nondiscrim Montana, Oregon, and Washington. ination and equality of opportunity; c. Provide leadership, staff services and .02 Each Area Director is responsible Materials Leasing Office, Oak Ridge, advice in matters affecting nondiscrimi within the limits of his delegated au Term. 37830. Any comments on the new nation to economic development program thority for the programs of the Admin Lease Agreement should be addressed to units, to organizations obligated as par istration in his area and, in this connec that office so as to be received prior to ticipants in an economic development tion, shall : March 1,1968. program to achieve nondiscrimination, a. Coordinate with local communities The new Lease Agreement incorporates and to ultimate beneficaries of eco in economic planning and in develop those changes which 3 years’ experience nomic development program activities; ment of Overall Economic Development indicate are desirable, and also certain d. Conduct, sponsor, or coordinate Programs (OEDP’s) which are related changes which are considered appropri meetings, conferences, and t r a i n i n g to the needs of designated areas and dis ate to implement the Private Ownership courses for equal employment specialists, tricts serviced by the Area Office; of Special Nuclear Materials Act, Public program managers, and executives to b. Manage the Economic Development Law 88-489. The proposed new uniform achieve nondiscrimination in economic Administration’s resources available for expiration date of December 31, 1970, development programs; use for the economic development of was selected because it coincides with the e. Establish effective systems through designated areas and districts serviced date after which the Commission will out the Economic Development Admin by the Area Office; and no longer distribute special nuclear ma istration to obtain and monitor accurate c. Process applications for economic terial by lease for use in a nuclear power reports concerning the program of development assistance, monitor and reactor. equality of opportunity and assure con service approved projects and, when ap Neither the execution of th e.Lease formance thereto; propriate, liquidate projects. Agreement nor its expiration will alter or affect the rights and obligations of f. Establish report requirements to in Effective date: December 1,1967. any Commission licensee under its license sure equality of opportunity by partici David R. Baldwin, or construction permit or any allocation pants in economic development programs, Assistant Secretary of special nuclear material in connection conduct on-site inspections, and receive, for Administration. therewith. investigate, and resolve complaints; and [F.R. Doc. 67-14892; Filed, Dec. 21, 1967; All current Agreements for Supply of g. Receive, investigate, review, adjust 8:49 a.m.] Enriched Uranium for Conversion and and adjudicate complaints, and evaluate Fabrication and current Special Nuclear EDA experience relating to the Equal Materials Lease Agreements have an ex Employment Opportunity program and piration date of March 31, 1968. As of make recommendations to the Assistant ATOMIC ENERGY COMMISSION that date, persons possessing special nu Secretary for improvement of employ clear material under the expiring terms ment practices within the Economic De SPECIAL NUCLEAR MATERIAL and conditions of either form of agree velopment Administration. Notice of Proposed New Lease ment must have executed the new Lease S ec. 12. Functions of the Office of Agreement or must purchase or return Administration. The Office of Adminis Agreement the affected material to the Commission. tration shall: The U.S. Atomic Energy Commission The new Lease Agreement must'be exe a. Develop, promulgate, and admin hereby announces the proposed adoption cuted by each person other than agencies ister administrative management poli of a new Lease Agreement for àll special of the Federal Government desiring to cies, programs, and standards; nuclear material leased by the Commis lease special nuclear material from the b. Plan and conduct an investigations sion to persons other than agencies of Commission, whether received directly program; the Federal Goverhment. The new agree from the Commission or from another c. Conduct organizatioii and manage ment, which combines and revises the lessee of the Commission. ment studies and surveys; current Agreement for Supply of En Dated at Germantown, Md., this 18th riched Uranium for Conversion and Fab d. Plan and conduct a program for rication and the current Special Nuclear day of December 1967. achieving maximum economy, effective Material Lease Agreement, is being made For the U.S. Atomic Energy ness and efficiency and for obtaining available for public comment. Commission. optimum personnel utilization ; Copies of the proposed new Lease Joseph L. Smith, e. Provide office services for the head Agreement may be obtained from: Oak Director, Division of Contracts. quarters and, as required, for Area Ridge Operations Office, U.S. Atomic [F.R. Doc. 67-14884; Filed, Dec. 21, 1967; Offices; Energy Commission, Attention: AEC 8:49 a.m.] FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20749 STATE OF COLORADO File No. BPH-5812; P.A.L. Broadcast would better provide a fair, efficient and ers, Inc., Pittston, Pa., Requests: 103.1 equitable distribution of radio service. Proposed Agreement for Assumption mc, No. 276; 930 watts (H), 930 watts 4. To determine in the light of the of Certain AEC Regulatory Authority (V) ; 500 feet, Docket No. 17885, File No. evidence adduced pursuant to the fore On October 10 (32 F.R. 14069), October BPH-5924; for construction permits. going issues, which of the applications 17 (32 F.R. 14337), October 24 (32 F.R. 1. The Commission has before it for for construction permit should be 14698), and October 31 (32 F.R. 15049), consideration the above-captioned and granted. 1967, the U.S. Atomic Energy Commis described applications for construction It is further ordered, That to avail sion published in the F ederal R egister permits which are mutually exclusive in themselves of the opportunity to be for public comment a proposed agree that operation by the applicants as pro heard, the applicants, pursuant to § 1.221 ment received from the Governor of posed would cause mutually destructive (c) of the Commission’s rules, in person the State of Colorado for the assump interference. or by attorney shall, within twenty (20) tion of certain of the Commission’s reg 2. Examination of the Berwick Broad days of the mailing of this order, file with ulatory authority pursuant to section 274 casting Corp. application indicates that the Commission in triplicate, a written of the Atomic Energy Act of 1954, as a total of approximately $16,008 will appearance stating an intention to ap amended. The proposed agreement as be required to finance construction and pear on the date fixed for the hearing published included a proposed effective first-year operation. This amount in and present evidence on the issues speci date of January 1, 1968. cludes the down payment on equipment fied in this order. Notice is hereby given that the pro ($2,985), first-year equipment payments 1 It is further ordered, That the appli posed effective date is changed from including interest ($3,523) ,• miscellane cants herein shall, pursuant to section January 1, 1968, to February 1, 1968. ous costs ($1,500), and working capital 311(a) (2) of the Communications Act of ($8,000). To meet these requirements 1934, as amended, and § 1.594 of the Dated at Washington, D.C., this 5th Berwick relies on cash on hand of $3,800 day of December 1967. Commission’s rules, give notice of the and a bank loan of $20,000. The bank’s hearing, either individually or, if feasible For the Atomic Energy Commission. letter indicates that its willingness to and consistent with the rules, jointly, W. B. McCool, provide this amount is subject to un within the time and in the manner pre Secretary. stated satisfactory terms and conditions. scribed in such rule, and shall advise the Thus it will be necessary to determine Commission of the publication of such [F.R. Doc. 67-14359; Filed, Dec. 7, 1967; whether, and under what circumstances, 8:49 a.m.] notice as required by § 1.594(g) of the this amount is available to Berwick. rules.. 3. The respective proposals, which are for different communities,1 would Adopted: November 22,1967. serve substantially different areas and Released: December 19,1967. FEDERAL COMMUNICATIONS populations. Consequently, it will be nec essary to determine pursuant to section F ederal Communications COMMISSION 307(b) of the Communications Act of Commission, [Docket No. 17849; FCC 67M-2040] * [seal] B en F. Waple, 1934, as amended, which of the proposals Secretary. AMERICAN TELEVISION CO., INC. would better provide a fair, efficient and equitable distribution of radio service. [FR. Doc. 67-14872; Filed, Dec. 21, 1967; Order Regarding Procedural Dates 4. Except as indicated by the issues 8:48 am.] In re applications of American Tele specified below the applicants are quali vision Co., Inc., Fort Smith, Ark., Docket fied to construct and operate as proposed. [Docket No. 17882; FOC 67-1281] No. 17,849, File No. BPH-5831, for con However, because of their mutual ex struction permit. clusivity, the Commission is unable to BUCKEYE CABLEVISION, INC. As a result of agreements reached at make a statutory finding that a grant a prehearing conference held this date in of the. subject applications would serve Memorandum Opinion and Order the above matter, It is ordered, That: the public interest, convenience, and Designating Proceeding for Hearing (1) Exhibits are to be exchanged on or necessity, and is of the opinion that they In re Buckeye Cablevision, Inc., To before March 11, 1968; and must be designated for hearing in a con ledo, Ohio, request for special relief pur (2) The hearing now scheduled to solidated proceeding on the issues set suant to § 74.1109. , commence on February 1, 1968 is hereby forth below. 1. The Commission has before it for rescheduled to commence on March 25, It is ordered, That, pursuant to section consideration a “Petition to Impose Spe 1968, at a place and time in Fort Smith, 309(e) of the Communications Act of cial Requirements With Respect to the Ark., to be announced in a subsequent 1934, as amended, the applications are Operation of the CATV System Operated order. designated for hearing in a consolidated by Buckeye Cablevision, Inc., in Toledo, Issued: December 7, 1967. proceeding, at a time and place to be Ohio,” and a supplement thereto, filed on specified in a subsequent Order, upon the April 29, and August 25, 1966, respec Released: December 18, 1967. following issues: tively, by D. H. Overmyer Telecasting Federal Communications 1. To determine whether, and subject Co., Inc., permittee of UHF Station Commission, to what terms and conditions, the bank WDHO-TV, Toledo. Buckeye began [seal] Ben F. Waple, loan will be available to Berwick Broad CATV operations in March 1966, and Secretary. casting Corp. to provide the necessary currently provides 5,000 subscribers with [FR. Doc. 67-14871; Filed, Dec. 21, 1967; funds to demonstrate its financial the following Grade B or better signals: 8:48 am.] qualifications. WTOL-TV, WSPD-TV, WGTE-TV,1 and 2. To determine the areas and popula WDHO-TV, Toledo, Ohio; WJBK-TV, tions which would receive FM service of WWJ-TV, WXYZ-TV, and WKBD-TV, [Docket Nos. 17884. 17885; FCC 67-1289] 1 mv/m or greater intensity from the re Detroit, Mich.; and CKLW-TV, Wind BERWICK BROADCASTING CORP. spective proposals and the availability of sor, Ontario.* Overmyer seeks to prevent AND P.A.L. BROADCASTERS, INC. other FM services of 1 mv/m or greater Buckeye’s continued carriage of the De- intensity in such areas. Order Designating Applications for 1In Buckeye Cablevision, Inc. (CATV 100- 3. To determine, in the light of section 102), FCC 66-817, released Sept. 22, 1966, the Consolidated Hearing on Stated 307(b) of the Communications Act of Commission’s rules were waived to permit Issues 1934, as amended, which of the proposals Buckeye to carry any other educational signal when WGTE-TV is not on the air. to re applications of: Berwick Broad 1 Channel 276 Is assigned to White Haven, 2 On Sept. 18, 1967, pursuant to request of wing Corp., Berwick, Pa., Requests: Pa., and is available for use in either Ber applicant, Buckeye’s microwave application ¡¡¡J mc’ No- 2761 420 watts (H), 420 wick or Pittston pursuant to the “25-mile” (BPCAR-31), to relay Detroit and Windsor watts (V); 691 feet, Docket No. 17884, rule. signals, was dismissed. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20750 NOTICES troit-Windsor stations pending an evi the Toledo market, and insulate Toledo 6. Finally, Overmyer requests that dentiary hearing to determine whether stations from natural competition from Buckeye be precluded from carrying any such carriage is consistent with the pub Detroit signals; and that in any event, Detroit-Windsor stations pending the lic interest.3 Buckeye has opposed the no Commission action should be taken outcome of the evidentiary hearing. The petition and supplement. It also filed a pending the outcome of current copyright second report and order makes clear the motion to dismiss the petition on Sep legislation. impracticability of withdrawing service, tember 8, 1967; Overmyer opposed the 4. In the motion to dismiss, Buckeye once established, because of its disrup motion and Buckeye replied. further alleges that despite Overmyer’s tive effect. Second Report and Order, 2. In support of its request for hearing, original classification of WDHO-TV as supra, 784-786. However, we will grant Overmyer alleges that public interest an independent station carrying a “mod temporary relief, pending final disposi considerations, referred to in paragraph est” number of network shows on a per tion of this proceeding, in the form of 151 and footnote 69 of the Second Report program basis, the station’s prime time an order requiring Buckeye to coniine and Order, 2 FCC 725, 786, are raised by schedule for Fall 1967 includes 40 quar delivery of the Detroit-Windsor stations the Grade B contour overlap of the De ter-hours of NBC and 39 quarter-hours carried on its system to areas where troit and Toledo markets4 and should be of CBS programing; that as a result, a feeder cable is located as of the date of resolved in an evidentiary hearing; and full schedule of all three networks is now this order. Buckeye may continue to ex that Buckeye should be precluded from available on the Toledo stations and pand its system beyond the above limits continued carriage of the Detroit-Wind Toledo’s network fare is no longer “in within its franchised area, so long as the sor stations pending Commission deter ferior,” as implied by Overmyer’s eco expansion is confined to carriage of the mination whether such carriage is con nomic analysis. It also contends that Toledo signals. See Midwest Television, sistent with the public interest. Overmyer has failed to supplement its Inc., FCC 66-683, 4 FCC 2d 612, vacated 3. Buckeye replies that the Overmyer analysis with any specific facts on view in part, sub nom. Southwestern Cable Co., petition lacks factual support; that its ing habit shifts during more than 1 year et al. v. United States of America and . economic analysis is based on assump of operation by Buckeye and WDHO-TV; Federal Communications Commission, tions and comparisons with unrelated that Overmyer has likewise failed to 378 F. 2d 118 (9th Cir. 1967), cert, situations in other television markets, bring its showing up to date with specific granted Oct. 23, 1967 (Nos. 363, 428); and thus fails to show in precise terms facts on WDHO-TV’s current financial Ultravision Broadcasting Company, FCC the actual impact of CATV in Toledo, or condition, Toledo market data, or evi 66-907, 5 FCC 2d 217. any exceptional circumstances there to dence of any actual impact of private 7. Accordingly, in view of the above, justify the extraordinary relief re injury to WDHO-TV. Overmyer opposes and pursuant to § 74.1109 of the Com quested; that Overmyer was aware of the the motion to dismiss and Toledo Tele mission’s rules, It is ordered, That this existing off-the-air competition between casting Corp., permittee of a new tele proceeding is hereby designated for hear Detroit-Windsor and Toledo stations vision station to be operated on Channel ing, at a time and place to be specified prior to applying for Channel 24; that 54, Toledo (BPCT-3887) has adopted in a further order, upon the following CATV benefits WDHO-TV by making it Overmyer’s allegations in a statement issues: available on nonconverted television which also opposes the motion to dismiss. 1. To determine the present and pro sets; that Buckeye will suffer discrimina 5. Overmyer’s petition to impose spe posed penetration and extent of CATV tion if 'it is precluded from carrying cial requirements on Buckeye will be service, including television signals car Detroit-Windsor signals, because Toledo granted to the extent that an eviden ried, in the market area. antenna dealers advertise and sell spe tiary hearing will be ordered in order 2. To determine the effects of current cial equipment capable of bringing in to determine w h e t h e r carriage of and proposed CATV service in the Toledo signals from 125 miles distant; that com Detroit-Windsor signals on the CATV area upon existing, proposed and poten pliance with Overmyer’s request would system is consistent with the public tial television broadcast stations in the rearrange the whole concept of television interest and healthy maintenance of market. markets and normally-served areas, television broadcast service in Toledo® 3. To determine the present policy and rendered CATV subscribers “captives” of The petition raises questions which, proposed future plans of Buckeye Cable- under the policies expressed in the second vision, Inc. with respect to the initiation ! report and order, require factual ex of pay-TV operations based upon or in 3 Overmyer’s petition was filed at the time connection with its CATV operations. the Commission was considering issuance of amination. The lack of information con a cease and desist order against Buckeye for cerning the impact of CATV upon UHF 4. To determine whether expansion of alleged violations of § 74.1107. Overmyer activity in Toledo compels that a mean Buckeye Cablevision, Inc., CATV system sought to broaden that proceeding (Docket ingful record be established before we should be limited and, if so, the appro No. 16551) to include the question of con render a decision. Because of the passage priate conditions thereof. tinued carriage of the Detroit-Windsor sta of time and duration of the Buckeye and It is further ordered, That Buckeye tions. The relief was denied, Buckeye Cable- WDHO-TV operations, both parties Cablevision, Inc., and D. H. Overmyer vision, Inc., FCC 66-449, 3 FCC 2d 798, but should now be able to substantiate their Telecasting Co., Inc., are made parties the Commission stated that the issues raised to this proceeding, and to participate by Overmyer’s petition would be considered allegations with appropriate factual in in a separate action. In the interim, Buck formation. Commission action based on must comply with the applicable provi eye had filed a petition for declaratory ruling such a record should thus have some sions of § 1.221 of the Commission’s concerning those operations which were the valid relationship to the facts of CATV rules. subject of the cease and desist proceeding. It is further ordered, That petitioner In Buckeye Cablevision, Inc., FCC 66-455, effect in the market. D. H. Overmyer Telecasting Co., Inc., 3 FCC 2d 808, the petition was treated as a has the burden of proceeding and the request for waiver of the evidentiary hearing 6 In Buckeye Cablevision, Inc., FCC 66-449, burden of proof with respect to Issues requirement of section 74.1107; was denied 3 FCC 2di 798, we held that a Detroit station 1, 2, and 3, except that with respect to by the Commission; and the matter was as whose Grade B contour penetrates Toledo's signed Case No. CATV 100—5. The Commis Issue 3 Buckeye has the burden of pro-, city limits was entitled to carriage on CATV ceeding. Issue 4 is conclusory. sion’s memorandum opinion and order also throughout the community, under § 74.1103 specified that" Overmyer’s petition would be of the rules. The sole issue in that case, It is further ordered, That pending the ruled on at the time CATV 100-5 was desig however, was Buckeye’s compliance with the outcome of this proceeding, respondent nated for hearing. However, CATV 100-5 was rules; the Commission specifically reserved Buckeye Cablevision, Inc., is directed to dismissed by request of counsel before desig judgment on the overall Toledo-De troit limit the operation of its CATV system nation (Public Notice-B, Dec. 7, 1966, FCC question raised by Overmyer, including any at Toledo as set forth in paragraph 6, Mimeo No. 93033, Report No. 43); hence, public interest questions presented by such supra. Overmyer’s petition is now before us on the carriage. Thus, our determination that a It is further ordered, That the motion merits. paragraph 69 situation exists in Toledo and to dismiss filed by Buckeye Cablevision, 4 Six channels have been assigned to that the broad public interest questions in Toledo: 11 (WTOL-TV, CBS); 13 (WSPD-TV, herent therein must be explored in evi Inc., is denied. ABC); 24 (WDHO-TV, Ind.); *30 (WGTE- dentiary hearing does not conflict with our It is further ordered, That the peti TV, Educ.); 54 (construction permit held earlier decision on the single issue of tion to impose special requirements filed by Toledo Telecasting Corp.); and 60 (idle). compliance. by D. H. Overmyer Telecasting Co., Inc., FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20751 and the supplement thereto, \o the ex County.” The latter exhibit continued grant of the Risner application would tent indicated above, is granted, and, in with a listing of 19 categories of persons impede or prevent a full and efficient ail other respects, is denied. said to have been interviewed, categories utilization of this channel. It is further ordered, That the ruling such as doctors, merchants, lawyers, and 6. Data submitted by the applicants as to temporary relief shall be effective car dealers. ■ Lebanon attacked these indicate that there would be a significant on the 3d day, not counting Saturdays, statements, contending that many of difference in the size of the areas and Sundays, and holidays, after the day of these individuals had not been inter populations which would receive service release of this opinion, provided that the viewed, and in support submitted state from the proposals. Consequently, for the ruling on temporary relief shall not be ments from some or all members of seven purposes of comparison, the areas and effective until judicial determination of of these groups indicating that as of populations within the 1 mv/m contours the motion for a stay if respondent noti December 3, 1965,1 they had not been together with the availability of other fies the Commission within 2 days that it contacted regarding the need for a sec FM services of 1 mv/m or greater inten intends to seek judicial review and seeks ond radio station in Lebanon, Mo.2 sity in such areas will be considered un judicial review and a judicial stay within 3. Risner’s opposition pleadings argued der the contingent comparative issue, for 14 days of release of this opinion. that the signers of Lebanon’s statements thé purpose of determining whether a did not include all of the members of comparative preference should accrue to Adopted: November 22,1967. the relevant groups and that contacts either of the applicants. Released: December 19, 1967. with a number of other individuals had 7. Except as indicated by the issues specified below, the applicants are quali F ederal Communications been made. In addition, a sample post card used in a mail survey conducted fied to construct and operate as proposed. Commission,6 However, because of their mutual ex [seal] B en F. Waple, after the filing of the application was Secretary. submitted in support of its efforts to ob clusivity, the Commission is unable to tain views from the citizenry in general. make the statutory finding that a grant [P.R. Doc. 67-14873; Filed, Dec. 21, 1967; of the applications would serve the pub 8:48 a.m.] 4. Even taking the view most favors able to Risner, there is a serious ques lic interest, convenience and necessity, as tion regarding the extent of the contacts is of the opinion that the applications [Docket Nos. 17898, 17899; FCC 67-1305] which were made before the filing of the must be designated for hearing on the is application. Risner acknowledged that sues set forth below. LEBANON BROADCASTING CO. AND it used the plural in describing some of It is ordered, That, pursuant to section RISNER BROADCASTING, INC. the contacts when in fact only a single 309(e) of the Communications Act of 1934, as amended, the applications are Order Designating Applications for contact was made. Moreover, these con tacts were said to have been with persons designated for hearing in a consolidated Consolidated Hearing on Stated in the city of Lebanon and surrounding proceeding, at a time and place to be Issues ■ area, when in fact the persons contacted specified in a subsequent order, upon the In re applications of: Lebanon Broad in at least two of the categories appeared following issues : casting Co., Lebanon, Mo., Req: 103.7mc, to have only a limited connection with 1. To determine whether the above No. 279; 100 kw; 347 ft., Docket No. the Lebanon area. Rather, in both of captioned application of Risner Broad 17898, File No. BPH-5167; Risner these instances, the individuals are pri casting, Inc., contained misrepresenta Broadcasting, Inc., Lebanon, Mo., Req: marily associated with the Osage Beach tions and/or distortions or omissions of 103.7mc, No. 279; 25.5 kw; 251 ft., Docket area where the Risner stations are lo fact. No. 17899, File No. BPH-5207; for con cated. Finally, affidavits have been sub 2. To determine the efforts made by struction permits. mitted which deny that the contacts in Risner Broadcasting, Inc., to ascertain the programing needs and interests of 1. The Commission has under consid question took place before December 3, eration (a) the above captioned and 1965.3 Under these circumstances ques the area to be served and the manner in ■described applications which are mutu tions are raised regarding the truthful which Risner Broadcasting, Inc., pro ally exclusive in that operation by the ness of Risner’s statements regarding its poses to meet such needs and interests. applicants as proposed would result in efforts to ascertain local needs and inter 3. To determine whether grant of the mutually destructive interference, (b) ests and of the adequacy of its efforts. Risner Broadcasting, Inc., application Infonnal objection against the Risner In this connection we note that Risner would impede or prevent a full and effi application filed by Lebanon, and (c) did not indicate what information, if any, cient utilization of the Lebanon, Mo., j informal responsive pleadings filed by it was able to obtain from its belated mail channel. [both Risner and Lebanon. survey regarding programing needs and 4. To determine, if issues 1, 2, and 3 interests. Nor did it indicate the sig are resolved in favor of Risner Broad I 2. Lebanon Broadcasting Co. (“Leb casting, Inc., which of the proposals anon”) filed an informal objection to the nificance of such information in terms of its programing proposal which was would better serve the public interest. Risner Broadcasting, Inc. (“Risner”) ap 5. To determine in the light of the evi plication, pursuant to § 1.587 of the Com not altered as a result of the post-card survey. dence adduced pursuant to the foregoing mission’s rules, alleging that Risner had issues which of the applications for con misrepresented its efforts to determine 5. Mr. and Mrs. Risner, who control | local programing needs and interests and Risner ,also control the licensee of Sta struction permit should be granted. fta *n *ac*' such efforts were meager at tion KRMS-FM, Osage Beach, Mo. Be It is further ordered, That, to avail best. This dispute, which has continued cause of their proximity, the proposed themselves of the opportunity to be through the filing of a total of five in- station would be precluded from sig heard, the applicants, pursuant to § 1.221 jiorrnal pleadings, centers on Risner’s nificantly increasing their facilities with (c) of the Commission’s rules, in per statement in response to Paragraph IB out causing 1 mv/m overlap in con son. or by attorney, shall, within twenty I ot section IV-A that it conducted “exten- travention of § 73.240(a) (1) of the Com (20) days of the mailing of this order, Lve Pers°nal interviews with persons in mission’s rules. Accordingly, we will file with the Commission in triplicate, a I the city of Lebanon and the surrounding specify an issue to determine whether written appearance stating an intention R^TOQnity**,, and in response to Para- to appear on the date fixed for the hear of section IV-A, that it had 1 The date Risner’s application was exe ing and present evidence of the issues Jtiucted “Personal interviews with a cuted. specified in this order./ I in tv, rePresentative number of persons 2 Lebanon is licensee of an AM station ï It is further ordered, That the appli I tne city of Lebanon, Mo., and Laclede there. cants herein shall, pursuant to section 3 Originally, certain of these individuals signed statements which indicated that no 311(a)(2) of the Communications Act I Ba Statement of Commissioner contacts had been made; then they sub of 1934, as amended, and § 1.594 of the I d 35 Part of the original document. mitted counterstatements saying they had Commission’s rules, give notice of the | mxaissioner Loevinger dissenting. been contacted; finally they denied that such hearing, either individually or, if feasi I toe r^ultSSi0ner ^ adswortJl concurring in contacts as had been made occurred before ble and consistent with the rules, jointly, Dec. 3,1965. within the time and in the manner pre- FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20752 NOTICES scribed in such rule, and shall advise the designated for hearing in a consolidated It appearing, that a delay in the com Commission of the publication of such proceeding, at a time and place to be mencement of the hearing herein is notice as required by § 1.594(g) of the specified in a subsequent order, upon the found to be essential and that all parties rules. following issues: to the proceeding consent to the con Adopted: November 29,1967. 1. To determine whether the main tinuance sought by the applicant; studio location proposed by Lucas Tomas It is ordered, That the motion is grant Released: December 19,1967. Muqiz meets the requirements of § 73.- ed and that the hearing in the above- F ederal Communications 210(a) (2) of the Commission’s rules, and entitled proceeding is hereby rescheduled Commission,4 if not, whether waiver of this provision and will be convened in the offices of the [seal] B en F. Waple, is justified. Commission, Washington, D.C., at 10 Secretary. 2. To determine the areas and popula a.m., on January 23,1968. [F.R. Doc. 67-14874; Filed, Dec. 21, 1967; tions which would receive FM service of Issued: December 13,1967. 8:48 a.m.] 1 mv/m or greater intensity from the respective proposals and the availability Released: December 18,1967. of other FM services of 1 mv/m or [Docket Nos. 17896,17897; FCC 67-1304] F ederal Communications greater intensity in such areas. Commission, LUCAS TOMAS MUNIZ AND ARECIBO 3. To determine, in the light of section [seal] B en F. Waple, — BROADCASTING CORP., INC. 307(b) of the Communications Act of Secretary. 1934, as-amended, which of the proposals Order Designating Applications for [F.R. Doc. 67—14876; Filed, 'Dec. 21, 1967; would better provide a fair, efficient and 8:48 a.m.] Consolidated Hearing on Stated equitable distribution of radio service. Issues 4. To determine, in the light of the evidence adduced pursuant to the fore [Dpcket Nos. 17788, 17789; FCC 67M-20Q1] In re applications of Lucas Tomas going issues which, if either, of the appli SOUTH JERSEY RADIO, INC., AND Muniz, Toa Alta, P.R., Docket No. 17896, cations should be granted. File No. BFH-5625; Req: 96.9 me, No. ATLANTIC CITY TELEVISION CO. 245; 48.3 kw (H), 46 kw (V); 214.03 feet; It is further ordered, That to avail Arecibo Broadcasting Corp., Inc., Manati, themselves of the opportunity to be Order Scheduling Further Prehearing heard, the applicants, pursuant to § 1.221 Conference P.R., Docket No. 17897, File No. BPH- (c) of the Commission’s rules, in person 5897; Req: 96.9 me, No. 245; 18.25 kw; or by attorney shall, within twenty (20) In re applications of South Jersey 0 feet; for construction permits. days of the mailing of this order, file Radio, Inc., Atlantic City, N.J., Docket 1. The Commission has under consid with the Commission in triplicate, a writ No. 17788, File No. BPCT-3898; Victor eration the above captioned and de ten appearance stating an intention to M. Ruby, Mid-Atlantic Broadcasting Co., scribed applications which are mutually appear on the date fixed for the hear Frederick Perone and James Edghill, a exclusive in that operation by the appli ing and present evidence on the issues partnership and joint venture, doing cants as proposed would result in mu specified in this order. business as Atlantic City Television Co., tually destructive interference. Atlantic City, N.J., Docket No. 17789, Pile 2. The respective proposals, which are It is further ordered, That the appli No. BPCT-3951; for construction permit for different communities, would serve cants herein shall, pursuant to section for new television broadcast station substantially different areas and popula 311(a) (2) of the Communications Act of (Channel 53) . tions. Consequently, it will be necessary 1934, as amended, and § 1.594 of the To formalize the ruling made on the to determine pursuant to section 307(b) Commission’s rules, give notice of the record at a prehearing conference held of the Communications Act of 1934, as hearing, either individually or, if feasible this date: It is ordered, That a further amended, which of the proposals would and consistent with the rules, jointly, prehearing conference shall be scheduled better provide a fair, efficient and equita within the time and in the manner pre for January 9, 1968 at 9 a.m., and that ble distribution of radio service. scribed in such rule, and shall advise the the hearing presently scheduled for Jan Commission of the publication of such uary 9, 1968, is hereby continued to a 3. According to the Lucas Tomas notice as required by § 1.594(g) of the Muniz application the main studio loca rules. date to be set at said further conference. tion is to be determined, presumably in Issued: December 14,1967. Toa Alta. However, he proposes to dupli Adopted: November 29, 1967. Released: December 19,1967. cate approximately 99.25 percent_of the Released: December 19, 1967. programing of his Bayamon AM station. F ederal Communications Thus it appears that the vast majority of F ederal Communications Commission, the programs will originate from the Commission,1 [seal] B en F. Waple, AM main studio location which is neither [seal] B en F. Waple, Secretary. in Toa Alta nor at the proposed FM Secretary. ; [F.R. Doc. 67-14877; Filed, Dec. 21, 1967; transmitter site. Under these circum [F.R. Doc. 67-14875; Filed, Dec. 21, 1967; 8:48 a.m.] stances we will specify an issue to deter 8:48 a.m.] mine whether the proposed main studio [Docket Nos. 17886-17888; FCC 67-1291] location complies with the requirements [Docket No. 17626; FCC 67M-2077] of § 73.210(a) (2) of the Commission’s OUTER BANKS RADIO CO. ET AL. rules, and if not, whether waiver of these NATCHEZ BROADCASTING CO. Order Designating Applications for requirements is justified. (WMIS) 4. Except as indicated below, the ap Consolidated Hearing on Stated plicants are qualified to construct and Order Continuing Hearing Issues operate as proposed. However, because In re application of Natchez Broad In re applications of Douglas Lystra of their mutual exclusivity, the Commis casting Co. (WMIS), Natchez, Miss., Craddock and Lacy Phil Wicker doing sion is unable to make the statutory find Docket No. 17626, File No. BP-16963; for business as Outer Banks Radio Co., ing that a grant of the applications would construction permit. Wanchese, N.C., Docket No. 17886, Pile serve the public interest, convenience The Chief Hearing Examiner having No. BP-16917; Requests: 1530 kc, 250 w, and necessity, and is of the opinion that under consideration a motion in behalf Day; J. M. Farlow and William D. Mills the applications must be designated for of the applicant, filed December 13, 1967, doing business as Onslow County Broad hearing on the issues set forth below. that the hearing heretofore scheduled casters, Midway Park, N.C., Docket No. It is ordered, That, pursuant to section for December 14, 1967, in the above- 17887, File No. BP-17272; Requests: 1530 309(e) of the Communications Act of entitled proceeding be continued to Janu kc, 1 kw, 250 w(CH), Day; Hendon M. 1934, as amended, the applications are ary 23,1968; Harris, Maysville, N.C., Docket No. 17888. File No. BP-17275; Requests: 1530 kc, ' 4 Commissioner Wadsworth absent. 1 Commissioner Wadsworth absent. 500 w, Day; for construction permits. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20753 1. The Commission has before it the construction permit shall contain the at the time and place of the issuance above-captioned applications which are following condition: thereof. mutually exclusive in that simultaneous Any presunrise operation must con Proceeds from the promissory notes to operation of the stations proposed would form with §§ 73.87 and 73.99 of the rules, be issued by the Applicant during 1968 result in prohibitive overlap of contours as amended June 28, 1967 (32 F.R. will be added to general funds of the as defined by § 73.37 of the Commission’s 10437), supplementary proceedings (if Applicant and will be used among other rules. any) involving Docket No. 14419, and/or things to pay in part expenditures made 2. Hendon M. Harris estimates that the final resolution of matters at issue and to be made in 1968 and 1969 in con $14^850 will be required for construction in Docket No. 17562. nection with the Applicant’s construc arid $27,500 for first-year operating ex It is further ordered, That, to avail tion program. During 1968, Applicant’s pense, bringing to $42,350 the total pro themselves of the opportunity to be construction program calls for the ex jected cost of operating his proposed sta heard, the applicants and party respond penditures of $9,800,000 and for $5,240,- tion for 1 year without revenues. The ent herein, pursuant to § 1.221(c) of the 000 subsequent to 1968. applicant has available existing capital Commission’s rules, in person or by at Any person desiring to be heard or to of $2,000. His balance sheet lists $25,000 torney, shall, within 20 days of the mail make any protest with reference to the in bonds, but does not further describe ing of this order, file with the Commis application should on or before Janu the type or nature of these bonds. No sion in triplicate, a written appearance ary 8, 1968, file with the Federal Power other liquid assets are listed. The appli stating an intention to appear on the Commission, Washington, D.C. 20426, cant, therefore, has failed to show suffi date fixed for the hearing and present petitions or protests in accordance with cient cash and liquid assets to meet the evidence on the issues specified in this the requirements of the Commission’s amount required to construct and oper order. rules of practice and procedure (18 CFR ate the proposed station for 1 year with 1.8 or 1.10). The application is on file It is further ordered, That the appli and available for public inspection. out revenues. Accordingly, a financial cants herein shall, pursuant to section issue will be specified. 341(a)(2) of the Communications Act Gordon M. Grant, 3. From the information before the of 1934, as amended, and § 1.594 of the Secretary. Commission is appears that except as Commission’s rules, give notice of the [FR. Doc. 67-14839; Filed, Dec. 21, 1967; indicated by the issues below, the appli hearing, either individually or, if feasible 8:45 a.m.] cants are qualified to construct and oper and consistent with the rules, jointly, ate as proposed. However, because the within the time and in the manner pre [Docket No. RI68-170] applications are mutually exclusive, they scribed in such rule, and shall advise the must be designated for hearing in a con Commission of the publication of such STANDARD OIL COMPANY OF TEXAS solidated proceeding on the issues set notice as required by § 1.594(g) of the forth below. rules. Order Amending Order Accepting Accordingly, it is ordered, That, pur Contract Amendment, Providing for suant to section 309(e) of the Communi Adopted : November 22,1967. Hearings on and Suspension of Pro cations Act of 1934, as amended, the Released: December 19,1967. posed Changes in Rates, To Permit applications are designated for hearing in a consolidated proceeding, at a time F ederal Communications Substitute Rate Filing Commission,1 and place to be specified in -a subsequent D ecember 15, 1967. [seal] B en F. Waple, order, upon the following issues: Secretary. On September 21, 1967, Standard Oil 1. To determine the areas and popula Company of Texas, a division of Chevron tions which would receive primary serv [F.R. Doc. 67-14878; Filed, Dec. 21, 1967; Oil Co. (Standard), filed with the Com ice from each of the proposed operations 8:48 a.m.] mission a proposed change in rate from and the availability of other primary 16.832 cents to 17.919 cents per M cf1 service to such areas and populations. which pertains to its jurisdictional sales 2. To determine whether Hendon M. FEDERAL POWER COMMISSION of natural gas from the SW Enville Field, Harris is financially qualified to con Sadler Unit, Love County, Okla. (Okla struct and operate his proposed station. [Docket No. E-7383] homa “Other” Area), to Cimarron Gas 3. To determine whether there is a NORTHERN STATES POWER CO. Transmission Co. The Commission by order issued October 13, 1967, suspended reasonable possibility that the tower (WISCONSIN) height and location proposed by Onslow for 5 months Standard’^ rate filing until County Broadcasters would constitute Notice of Application March 22, 1968, and thereafter until a menace to air navigation. made effective in the manner prescribed D ecember 15, 1967. by the Natural Gas Act. Standard’s sus 4. To determine, in the light of section Take notice that on December 7, 1967, pended rate has not been made effective 307(b) of the Communications Act of Northern States Power Co. (Applicant), pursuant to section 4(e) of the Natural 1934, as amended, which of the proposals a public utility incorporated and doing Gas Act. would best provide a fair, efficient, and business in the State of Wisconsin with On November 17, 1967, Standard sub equitable distribution of radio service. its principal place of business office at mitted an amended notice of change in 5. To determine,, in the light of the Eau Claire, Wis., filed an application rate2 amending Supplement No. 6 to its evidence adduced pursuant to the fore with the Federal Power pommission aforementioned rate schedule to provide going issues which, if any, of the appli seeking authority pursuant to section for a rate increase to 17.9015 cents in cations should be granted. 204 of the Federal Power Act to issue up stead of the 17.919 cents per Mcf, inclu It is further ordered, That, the Fed to $11 million in promissory notes. sive of tax reimbursement, filed on eral Aviation Administration is made a According to the application the prom September 21,1967. The proposed rate of party to the proceeding. issory notes will be issued -from time to 17.919 cents erroneously reflected a tax It is further ordered, That in the event time to evidence short-term borrowings reimbursement of 0.035 cent. Standard of grant of the applications of either from commercial banks, but no note will now proposes to amend such filing to Onslow County Broadcasters or Hendon mature more than 12 months after the reflect a total proposed rate of 17.9015 H. Harris, the construction permit shall date of issue or renewal thereof, nor shall cents including a corrected tax reim Provide that the permittee accept such the maturity date of any note be later bursement of 0.0175 cent. Such correc overlap as may be received due to a grant than December 31,1969. Applicant states tion reduces the annual amount sus 01 the application filed by 1530 Radio that the interest rate of the notes will pended by $19. (Pile No. BP-17270) requesting the facil- be at a rate that to the best knowledge lties !530 kc, 5 kw, DA(CH), Day, at and belief Of the Applicant’s officers does 1 Designated as Supplement No. 6 to Stand Chapel Hill, N.C. not exceed the prime loan interest rate ard’s FPC Gas Rate Schedule No. 30. 2 Designated as Supplement No. 1 to Sup It is further ordered, That, in the event 1 Commissioner Cox concurring in the plement No. 6 to Standard’s FPG Gas Rate °*a grant of any of the applications, the result. Schedule No. 30. FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 No. 247----- 8 20754 NOTICES Standard’s proposed corrected rate of Supplement No. 1 to Supplement No. 6 [D ocket Nos. R I68-270 etc.] 17.9015 cents per Mcf exceeds the area to Standard’s FPC Gas Rate Schedule ceiling for increased rates in the Okla No. 30 to be filed to supersede the 17.919 MANCO CORP. ET A L homa “Other” Area as announced in the cents per Mcf rate provided by Supple Commission’s Statement of General Pol ment No. 6 to the aforementioned rate Order Permitting Rate Filings, Accept, icy No. 61-1, as amended, as did the pre schedule, subject to the suspension pro ing Contract Amendment, Providing viously suspended rate in said docket. ceeding in Docket No. RI68-170. The for Hearings on and Suspension of Since Standard’s instant rate filing re suspension period for such substitute Proposed Changes in Rates 1 flects a corrected tax reimbursement filing shall terminate "concurrently with increase under the rate schedule in the suspension period (Mar. 22, 1968) D ecember 15,1967. volved, we believe that it would be in presently in effect in said docket. The above-named Respondents have the public interest to accept the correc (B) In all other respects, the ordertendered for filing proposed changes ir. tive rate filing subject to the suspension issued by the Commission on October 13, presently effective rate schedules for proceeding in Docket No. RI68-170 with the suspension period of such corrective 1967, in Docket No. RI68-170, shall re sales of natural gas subject to the ju rate filing to terminate concurrently main unchanged and in full force and risdiction of the Commission. The pro with the suspension period (Mar. 22, effect. posed changes, which constitute in- 1968) of the original filing in said docket. By the Commission. creased rates and charges, are designated The Commission orders: as follows: (A) The suspension order issued Oc [seal] G ordon M. Grant, tober 13, 1967, in Docket No. RI68-170, Secretary. is amended only so far as to permit the [F.R. Doc. 67-14840; Filed, Dec. 21, 1967; 1Does not consolidate for hearing or dis 17.9015 cents per Mcf rate contained in 8:45 a.m .] pose of the several m atters herein. Effective Cents per Mcf ■ Rate in Rate Sup Amount Date sus- effect sub- Docket Respondent sched ple Purchaser and producing area of annual filing unless pended ■ ject to No. ule ment increase tendered sus until— Rate in Proposed refund in No. No. pended effect increased docket rate . Nos. RI68-270... Mancp Corp. (Opera 3 2 Valley Gas Transmission, Inc. $1,440 11-24-67 *12-25-67 5-25-68. »14.0 * « » 15.0 tor) et al., Post (C. A. Winn Field, Live Oak Office Box 637, County, Tex.) (RR. District Corpus Christi, No. 2). Tex. 78403. RI68-271__ Atlantic Richfield 230 16 Tennessee Gas Pipeline Co., a 6,454 11-27-67 «12-28-67 6-28-68 *19.0 1 « 20.5 Co., Post Office division of Tenneco, Inc. Box 2819, Dallas, (Grand Isle Block 47 Field, • Tex. 75221. Jefferson Parish, La.) (Offshore Louisiana). RI68-272... The Midland 1 10 li El Paso Natural Gas Co. (Spra- 11-27-67 *12-28-67 (Accepted) National Bank, berry Field, Reagan County, 1,713 11-27-67 *12-28-67. 5-28-68 11.1056 « u li 18.2430 Trustee, Midland, Tex.) (RR. District No. 7-C) Tex. 79701, Attn: 1 12 (Permian Basin Area). Barry S. Welton, Trust Officer. RI68-273... George E. Cameron, 1 2 Cimarron Transmission Co., 12,957 11-24-67 *12-25-67 5-25-68 » 16.275 »««18.376 Inc., 801 Random (Southwest Enville Field, Dr., Palm Springs, Love County, Okla.) (Okla Calif. 92262. homa “Other” Area). RI68-174. RI68-274... Samedan Oil Corp. 14 «4 Natural Gas Pipeline Co. of 18,613 11-16-67 *12-17-67 5-17-68 >* 15.015 * « « 20.49 et al., Post Office America (Putman Field, Box 909, Ardmore, Dewey County, Okla.) Okla. 73401. (Oklahoma “Other” Area); RI64-742. RI68-275__ Union Texas Petro 56 3 Cities Service Gas Co. (Moore 1,500 11-21-67 «12-23-67 6-23-68 *12.0 »48 13.0 leum, a division of Field. Cleveland County, Allied Chemical Okla.) (Oklahoma “Other” Corp. (Operator) Area). et al., Post Office Box 2120, Houston, Tex. 77001. 2 The stated effective date is the first day after expiration of the statutory notice, « Rate being collected subject to refund by Pan American Petroleum Corp. under s Periodic rate increase. Docket No. RI65-111. . . . , . « Pressure base is 14.65 p.s.i.a. « Includes base rate of 15.5 cents plus upward B.t.u. adjustment before maease * Subject to a downward B.t.u. adjustment. and 17.5 cents plus upward B.t.u. adjustment after increase for 1,050 B.t.u. gas snowu «The stated effective date is the effective date requested by Respondent. in filing. Base rate subject to upward and downward B.t.u. adjustment. 7 “Fractured” rate increase. Contractually due 22.5 cents per Mcf. h As corrected by letter dated Dec. 4,1967, filed Dec. 7,1967. , * Pressure base is 15.025 p.s.i.a. _ « Includes base rate of 19.5 cents plus 0.015 cent Excise Tax reimbursement p _ 9 Initial rate as conditioned in temporary certificate issued June 3,1964, in Docket 0.975 cent production tax reimbursement. Base rate subject to downward b.u No. G-20020. adjustment. - ¿ - S w Contract amendment dated Nov. 9, 1967, eliminates favored-nation clause ana ® Includes base rate of 15 cents plus 0.015 cent Excise Tax reimbursement provides for proposed 18 cents per Mcf rate, plus tax, with 1 cent per Mcf periodic rate subject to downward B .t.u. adjustment. it Renegotiated rate increase due to a favored-nation clause triggered by Pan American Oil Corp.’s rate increase made effective subject to refund in Docket No. RI65-111. Manco Corp. (Operator) et al., Manco and Midland’s rate filings and days thereafter, or for waiving (Manco) requests that its proposed rate such requests are denied. days notice period, or for limiting tne increase be permitted to become effective George E. Cameron, Inc. (Cameron), suspension period to 1 day, and such re on the fifth anniversary date of first de requests waiver of the statutory notice quest is denied. livery of gas in October, 1965. The Mid to permit an effective date of July 1, Concurrently with the filing of ^ Pro land National Bank, Trustee (Midland) 1967, for his proposed rate filing. In the posed rate increase, Midland su b m itted requests a retroactive effective date of alternative, Cameron requests the date contract amendment dated N o v e m b e r. January 1, 1965, for its proposed con of filing or 30-days thereafter, and 1967, designated as Supplement No. li tract amendment and rate increase. Good waiver of any suspension period, or, if Midland’s FPC Gas Rate Schedule No. i. cause has not been shown for waiving suspended, the suspension period be which provides the basis for its Pr°P°f!L the 30-day notice requirement provided shortened to 1 day. Good cause has not rate increase. We believe that it would ^ in section 4(d) of the Natural Gas Act been shown for authorizing the requested in the public interest to accept for nu^ to permit earlier effective dates for effective date, the date of filing or 30- Midland’s proposed contract amename FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20755 to become effective on December 28,1967, be entitled. Adequate notice has not been on December 28,1967, the expiration date [the expiration date of the statutory no given for any of the aforementioned dates of the statutory notice. tice, but not the proposed rate contained and Samedan’s gives no reasons in sup (D) Pursuant to the authority of the [therein which is suspended as herein- port of such requests. Good cause has Natural Gas Act, particularly sections I after ordered for the reason that it ex- not been shown for granting Samedan’s 4 and 15 thereof, the Commission’s rules [ceeds the applicable area rate of 14.5 requests and they are denied. The pro of practice and procedure, and the regu [cents per Mcf as determined in the rate posed rate shall be suspended herein for lations under the Natural Gas Act (18 | schedule quality statement accepted pur- 5 months from the expiration of the stat CFR Ch. I ), public hearings shall be held [suant to Opinion No. 468, as amended. utory notice period. upon dates to be fixed by notices from [Except for the stay of the moratorium in With the exception of the rate increase the Secretary concerning the lawfulness [ Opinion No. 468, Midland’s proposed rate filed by Midland, which exceeds the of the proposed increased rates and [increase would be rejectable because it area rate established in the related charges contained in the above-desig [ is in excess of the applicable area ceiling quality statement filed pursuant to Opin nated rate supplements (except for the determined in Opinion No. 468. If the ion No. 468, as amended, all of the pro supplement set forth in (C) above). moratorium is ultimately upheld upon ducers’ proposed increased rates and (E) Pending hearings and decisions [judicial review, Midland’s rate increase charges exceed the applicable area price thereon, the above-designated rate sup [ will be rejected ab initio. levels for increased rates as set forth in plements are hereby suspended and the | The sale related to Atlantic Richfield the Commission’s statement of general use thereof deferred until the date indi Co.’s (Atlantic) rate increase was ini- policy No. 61-1, as amended (18 CFR Ch. cated in the above “Date Suspended Un | Hniiy made under a temporary certificate I, Part 2, § 2.56). til” column, and thereafter until such containing a Condition (2) provision, The proposed changed rates and further time as they are made effective [prohibiting changes in the initial rate charges may be unjust, unreasonable, in the manner prescribed by the Natural [ unless changed by the Commission order unduly discriminatory, or preferential, Gas Act. in the related certificate proceeding in or otherwise unlawful. (P) Neither the supplements hereby Docket No. 0-20020. Atlantic requests The Commission finds: suspended, nor the rate schedules sought waiver of such condition inasmuch as (1) Good cause exists for waiving Con to be altered thereby, shall be changed 3 years have elapsed since Atlantic initi- dition (2) in the temporary certificate until these proceedings have been dis I ated service under its temporary certifi issued in Docket No. G-20020 with respect posed of or until the periods of suspen cate (date of initial delivery is June 3, to Atlantic’s notice of change, designated sion have expired, unless otherwise or 1964). Consistent with Commission ac as Supplement No. 16 to Atlantic’s FPC dered by the Commission. tion involving sales being made pursuant Gas Rate Schedule No. 230, and for al (G) Notices of intervention or peti to temporary certificates containing a lowing such notice of change to be filed. tions to intervene may be filed with the Condition (2) provision where such sales (2) Good cause exists for waiving Con Federal Power Commission, Washington, commenced more than 3 years from date dition (2) in the temporary certificate D.C. 20426, in accordance with the rules of initial delivery and request for a rate issued in Docket No. CI62-1503 with of practice and procedure (18 CPR 1.8 increase, we believe that it would be in respect to Samedan’s notice of change, and 1.37(f)), on or before February 1, the public interest that Condition (2) designated as Supplement No. 4 to 1968. in Atlantic’s temporary certificate in Samedan’s PPC Gas Rate Schedule No. By the Commission. Docket No. G-20020 be waived to per 14, and for allowing such notice of change to be filed. [seal] G ordon M. Grant, mit Atlantic’s proposed notice of change Secretary. in rate contained in Supplement No. 16 (3) Good cause has been shown for I to its PPC Gas Rate Schedule No. 230 to accepting for filing Midland’s contract [F.R. Doc. 67-14843; Filed, Dec. 21, 1967; [ be filed. amendment dated November 9, 1967, 8:45 am.] designated as Supplement No. 11 to Mid Samedan Oil Corp. et al. (Samedan), land’s FPC Gas Rate Schedule No. 1, and [Docket No. CS68-38] ¡proposes a periodic rate increase plus for permitting such supplement to i tex reimbursement for production and become effective on December 28, 1967, J. FRANK STRINGER excise taxes for a sale of gas in the Okla- the date of expiration of the statutory Notice of Application for Small | boma “Other” Area, which has been des- notice. Producer Certificate i lgnated as Supplement No. 4 to Same- (4) It is necessary and proper in the dan’s PPC Gas Rate Schedule No. 14. public interest and to aid in the enforce D ecember 15,1967. The sale is presently being made under a ment of the provisions of the Natural Take notice that on November 27,1967, I conditioned temporary certificate issued Gas Act that the Commission enter upon J. Frank Stringer, Post Office Box 3037, October 9,1962, in Docket No. CI62-1503, public hearings concerning the lawful San Angelo, Tex. 76901, filed in Docket [which provides for an initial rate not to ness of the proposed changes, and that No. CS68-38 an application pursuant to I exceed 15 cents per Mcf. The temporary the above-designated supplements be section 7 (c) of the Natural Gas Act and certificate also contained a Condition (2) suspended and the use thereof deferred § 157.40 of the regulations thereunder which states that the conditioned rate as hereinafter ordered (except for the for a “small producer” certificate of pub | shall remain in effect until changed by supplement set forth in paragraph (3) lic convenience and necessity authorizing Commission order in the related certifi- above). the sale for resale and delivery of natural jcate proceeding. Consistent with the The Commission orders: gas in interstate commerce from the 1 Commission’s action involving sales being (A) Condition (2) in the temporary Permian Basin area of Texas and New made pursuant to temporary certificates certificate issued in Docket No. G-20020 Mexico, all as more fully set forth in | containing a Condition (2) provision is hereby waived with respect to Atlan the application which is on file with the | where such sales commenced more than tic’s notice of change in rate, designated Commission and open to public inspec I* years from date of initial delivery, we as Supplement No. 16 to Atlantic’s PPC tion. conclude that it would be in the public Gas Rate Schedule No. 230, and such rate Protests or petitions to intervene may mterest that Condition (2) of Samedan’s change is permitted to be filed. be filed with the Federal Power Commis *«iPorary certificate in Docket No. CI62- (B) Condition (2) in the temporary sion, Washington, D.C. 20426, in accord nmL 8e, waived to permit Samedan’s certificate issued in Docket No. CI62- ance with the rules of practice and pro notice of change in rate to be 1503, with respect to Samedan’s notice cedure (18 CFR 1.8 or 1.10) on or before I *a. Samedan requests that 0.975 cent of change in rate, designated as Supple January 8,1968. i us proposed rate relating to the Okla- ment No. 4 to Samedan’s PPC Gas Rate Take further notice that, pursuant to m£)Ha Production tax reimbursement be Schedule No. 14, and such rate change the authority contained in and subject Tri tv?ffective ** of November 29, 1962, is permitted to be filed. to the jurisdiction conferred upon the remainder of the rate be made (C) Midland’s contract amendment Federal Power Commission by sections dan ?iVe 85 of November 29, 1967. Same- dated November 9, 1967, designated as 7 and 15 of the Natural Gas Act and the ^equests waiver of the statutory Supplement No. 11 to Midland’s FPC Commission’s rules of practice and pro od waiver of any suspension peri- Gas Rate Schedule No. 1, is accepted for cedure, a hearing will be held without d any other relief to which it may filing and permitted to become effective further notice before the Commission FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20756 NOTICES providing no protest or petition to inter eral”), 2727 Allen Parkway, Houston, firm of Lehman Brothers which was re vene is filed within the time required Tex., 77019, has filed an application pur tained by the boafd of directors of Ameri herein, if the Commission on its own re suant to the Investment Company Act can General and by Goldman, Sachs & view of the matter believes that a grant of 1940 (“Act”) for an order pursuant Co. and Equitable Securities Corp. who of the certificate is required by the pub to section 17 (b) exempting from the pro were retained by the board of directors lic convenience and necessity. Where a visions of section 17(a) of the Act the of Life and Casualty to advise each protest or petition for leave to intervene issuance by American General of two- board respectively in respect to an ap is timely filed, or where the Commission tenths of a share of its convertible pre propriate ratio. The boards of directors on its own motion believes that a formal ferred stock and eight-tenths of a share based their determination on these rec hearing is required, further notice of such of its common stock in exchange for ommendations and consideration of the hearing will be duly given. each outstanding share of capital stock relative per share market prices, the per Under the procedure herein provided of Life and Casualty Insurance Company share earnings and capital stock equities for, unless otherwise advised, it will be of Tennessee (“Life and Casualty”) of both companies, dividend payments unnecessary for Applicant to appear or owned by Insurance Securities Trust and other factors. be represented at the hearing. Fund (“ISTF”) , a registered open-end, The Plan has been approved by the diversified investment company. Such G ordon M. G rant, Commissioner of Insurance and Banking Secretary. exchange is part of a plan (“Plan”) for of Tennessee. Final approval of the Plan thè merger of Life and Casualty into by the Insurance Commissioner of [F.R. Doc. 67-14841; Filed, Dec. 21, 1967; American General. The application also Texas has not yet been obtained. The 8:45 a.m.] requests an order pursuant to section holders of each class of the outstanding 6 (c) of the Act exempting the proposed stock of American General and the hold [Docket No. E-7384] transactions from section 17(d) and ers of Life and Casualty capital stock Rule 17d-l thereunder. All interested have approved the Plan. UNION LIGHT, HEAT AND POWER persons are referred to the application Upon effectuation of the Plan, New CO. on file with the Commission for a state ment of the representations therein, Life and Casualty will become a wholly Notice of Application owned subsidiary of American General. which are summarized below. ISTF will own 8.62 percent of the out D ecember 15,1967. ISTF owns 933,748 shares (6.91 per standing shares of American General Take notice that on December 7, 1967, cent) of the outstanding common stock common stock and 3.91 percent of the the Union Light, Heat & Power Co. (Ap of American General and 709,493 shares outstanding shares of American General plicant) filed an application pursuant to (9.48 percent) of the outstanding capital convertible preferred stock. Maryland section 203 of the Federal Power Act stock of Life and Casualty. Maryland Casualty Co. proposes as soon as prac seeking authority to acquire certain elec Casualty Co., a 98.6 percent owned sub ticable after the merger to sell to under tric transmission facilities from Ken sidiary of American General, owns writers for distribution in a public offer tucky Power Co., a Kentucky corporation. 969,600 shares (12.96 percent) of the ing the shares of American General Applicant is incorporated under the outstanding capital stock of Life and preferred and common stock which it laws of Kentucky with its principal busi Casualty. will receive in the merger. ness office at Covington, Ky., and is en American General, incorporated in 1926 under the laws of the State of Section 17(a) of the Act, as here perti- ] gaged in the electric utility business in nent, prohibits an affiliated person of a i seven counties in north-central Ken Texas, is engaged, together with its sub sidiaries, in the life insurance and fire registered investment company, or an j tucky. affiliated person of such a person, from The facilities to be acquired consist of and casualty insurance business. Ameri can General has outstanding 3,279,558 selling to or purchasing from such reg an existing 3.2 mile segment of a 345 istered company any securities or other kv. single circuit, metal structured, elec shares of convertible preferred stock and 13,505,430 shares of common stock. The property unless the Commission, upon tric transmission tower line located in application pursuant to section 17(b), Boone County, Ky. The proposed pur preferred stock has three votes per share and votes with the common stock, which grants an exemption from the provisions chase price is to be in net original cost of section 17(a) after finding that the of the facilities as shown on the books of has one vote per share, for the election of directors and other matters. terms of the proposed transaction, in- ] Kentucky Power Co., as of the date of eluding the consideration to be paid or j transfer. As of October 31, 1967, the Life and Casualty, incorporated in 1903 under the laws of the State of Tennessee, received, are reasonable and fair and do purchase price would have been $357,607. not involve overreaching on the part of Any person desiring to be heard or to is engaged in the business of writing life, accident and health insurance on an any person concerned and that the pro- ■ make any protest with reference to the posed transaction is consistent- with the J application should on or before January ordinary, weekly premium (industrial) and group basis. Life and Casualty has policy of such investment company and j 10, 1968, file with the Federal Power with the general purposes of the Act. Commission, Washington, D.C. 20426, outstanding 7,480,585 shares of capital petitions or protests in-accordance with stock. Section 17(d) and Rule 17d-l prohibit the Commission’s rules of practice and Pursuant to the plan, Life and Casualty any affiliated person of a registered in- j procedure (18 CFR 1.8 or 1.10). The ap has created a wholly owned Tennessee vestment company, or any affiliated per plication is on file with the Commission subsidiary (“New Life and Casualty”). son of such person, acting as principal and is available for public inspection. On the effective date of the plan, the from effecting any transaction in which business of Life and Casualty will be such registered company is a joint or a i Gordon M. Grant, transferred to New Life and Casualty; joint and several participant with such I Secretary. and Life and Casualty will be merged affiliated person, unless the Commission, l [F.R. Doc. 67-14842; Filed, Dec. 21, 1967; into American General which will sur upon application pursuant to Rule 17d-l, j 8:45 am.] vive the merger and succeed to the then grants an application regarding such j assets (consisting of shares of New Life matter prior to the submission of thei and Casualty) of Life and Casualty. Upon matter to security holders for approval. | the merger, each outstanding share of Rule 17d-l provides that in passing upon i SECURITIES AND EXCHANGE Life and Casualty capital stock will auto such application the Commission vnu j matically be converted into two-tenths consider whether participation of suenj COMMISSION of a share of convertible preferred stock registered company in such joint ente - j [812-2233] and eight-tenths of a share of common prise on the basis proposed is consistent stock of American General. with the provisions, policies and P“1' j AMERICAN GENERAL INSURANCE CO. The application states that the ratio at poses of the Act and the extent to whi j its participation is on a basis differ6" Notice of Filing of Application which shares of Life and Casualty are to be converted into shares of American from or less advantageous than that D ecember 19,1967. General was established by the boards of other participants. , j Notice is hereby given that American directors of the two companies. The ratio Section 6(c) authorizes the General Insurance Co. (“American Gen was recommended by the investment sion by order upon application to exemp i FEDERAL REGISTER, VOL. 32, NO.- 247— FRIDAY, DECEMBER 22, 1967 NOTICES 20757 L« person or transaction from any pro and Leavenworth), Nebraska (except trict Supervisor, Interstate Commerce visions of the Act or the rules and regu Omaha and South Omaha), and South Commission, Bureau of Operations, 2109 lations thereunder if the exemption is Dakota, to points in Illinois, Iowa, and Federal Building, 1000 Liberty Avenue, fecessary or appropriate in the public Missouri, on traffic destined to points Pittsburgh, Pa. 15222. fcterest and consistent with the protec east of the Illinois-Indiana State Line. No. MC 65697 (Sub-No. 38 TA), filed tion of investors and the purposes fairly Grounds for relief—Rate relationship. December 11, 1967. Applicant: THEA Intended by the policies and provisions Tariff—Western Trunk Line Commit TRES SERVICE COMPANY, 830 Wil if the Act. tee, agent, tariff ICC A-4436. loughby Way NE., Post Office Box 1695, [ Notice is further given that any inter- FSA No. 41193—Class and commodity Atlanta, Ga. 30301. Applicant’s repre feted person may, not later than Decem rates from and to Gold Kist, Ga. Filed by sentative: Guy H. Postell, 1375 Peach ber 29, 1967, at 1 p.m., submit to the O. W. South, Jr., agent (No; A-5073), for tree Street NE., Atlanta, Ga. 30309. Au Commission in writing a request for a interested rail carriers. Rates on prop thority sought to operate as a commcm hearing on the matter accompanied by erty moving on class and commodity carrier, by motor vehicle, over regular a statement as to the nature of his rates between Gold Kist, Ga., on the one routes, transporting: General commodi Interest, the reason for such request and hand, and points in the United States ties (except those of unusual value, Bie issues of fact or law proposed to be and Canada, on the other. classes A and B explosives, household introverted, or he may request that he Grounds for relief—New station and goods as defined by the Commission, be notified if the Commission shall order grouping. commodities in bulk and those requiring [hearing thereon. Any such communica By the Commission. special equipment), from Conyers, Ga., tion should be addressed: Secretary, Se to Atlanta, Ga., over U.S. Highway 278 curities and Exchange Commission, [ seal] H. N eil G arson, and U.S. Interstate Highway 20. N o te: Washington, D.C. 20549. A copy of such Secretary. Applicant states it intends to tack this bequest shall be served personally or by [F.R. Doc. 67-14865; Piled, Dec. 21, 1967; authority at Atlanta, Ga., so as to pro bail (air mail if the person being served 8:47 a.m/] vide service from Conyers, Ga., to all k located more than 500 miles from the points applicant is already authorized boint of mailing) upon American Gen [Notice 514] to serve in the transportation of general eral at the address stated above. Proof commodities in the States of Alabama, pf such service (by affidavit or in case of MOTOR CARRIER TEMPORARY Tennessee, and Kentucky, for 180 days. bn attorney at law by certificate) shall AUTHORITY APPLICATIONS Supporting shipper : Frank M. Cushman be filed contemporaneously with the re Associates, 36 South Main Street, Shar,- quest. At any time after said date, as D ecember 19,1967. on, Mass., agent for Sweetheart Plastics, provided by Rule 0-5 of the rules and The following are notices of filing of Inc., Wilmington, Mass., and Conyers, regulations promulgated under the Act, applications for temporary authority Ga. Send protests to: William L. Scroggs, kn order disposing of the application under section 210a(a) of the Interstate District Supervisor, Interstate Commerce iierein imy be issued by the Commission Commerce Act provided for under the Commission, Room 309,1252 West Peach upon the basis of the information stated new rules of Ex Parte No. MC 67 (49 tree Street NW., Atlanta, Ga. 30309. on said application, unless an order for CFR Part 340) published in the F ederal No. MC 95876 (Sub-No. 76 TA) (Cor bearing upon said application shall be R egister, issue of April 27,1965, effective rection), filed November 24, 1967, pub Issued upon request or upon the Commis July 1,1965. These rules provide that pro lished F ederal R egister, issue of Decem sion's own motion. Persons who request tests to the granting of an application ber 2, 1967, and republished as cor |a hearing, or advice as to whether a must be filed with the field official named rected this issue. Applicant: ANDERSON bearing is ordered, will receive notice of in the F ederal R egister publication, TRUCKING SERVICE, INC., 203 Cooper further developments in this matter, in within 15 calendar days after the date Avenue North, Post Office Box 844, St. cluding the date of the hearing (if or-, of notice of the filing of the application Cloud, Minn. 56301. Applicant’s repre fiered) and any postponements thereof. is published in the F’ederal R egister. One sentative: Grant J. Merritt, 1000 First copy of such protest must be served on National Bank Building, Minneapolis, I For the commission (pursuant to dele the applicant, or its authorized repre Minn. 55402. Authority sought to operate gated authority). sentative, if any, and the protests must as a common carrier, by motor vehicle, [seal] O rval L. D tjB ois, certify that such service has been made. over irregular routes, transporting: Wood Secretary. The protests must be specific as to the paneling, hardboard, wallboard, or wood [[PR. Doc. 67-14913; Piled, Dec. 21, 1967; service which such protestant can and particle board and materials, supplies, 8:50 am.] will offer, and must consist of a signed and accessories used in connection there original and six copies. with, from Phillips, Wis., to points in A copy of the application is on file, Colorado, Iowa, Kansas, Minnesota, Mon and can be examined at the Office of the tana, Nebraska, New Mexico, North Da INTERSTATE COMMERCE Secretary, Interstate Commerce Commis kota, South Dakota, and Wyoming, for sion, Washington, D.C., and also in the 180 days. N o te: The purpose of this re field office to which protests are to be publication is to correctly set forth the COMMISSION transmitted. territory proposed to be served. Sup fourth s e c t io n applications porting shipper: Conwed Corp., Cloquet, M otor Carriers of P roperty FOR RELIEF Minn. 55720, Send protests to: C. H. No. MC 59120 (Sub-No. 31 TA), filed Bergquist, District Supervisor, Bureau of D ecember 19,1967. December 12, 1967. Applicant: EAZOR Operations, Interstate Commerce Com i Protests to the granting of an appli- EXPRESS, INC., Eazor Square, Pitts mission, 448 Federal Building and U.S. jtion must be prepared in accordance burgh, Pa. 15201. Applicant’s represent Courthouse, 100 South Fourth Street, th Rule i.4o of the general rules of ative: R. T. Hefferin (same address as Minneapolis, Minn. ractiee (49 CFR 1.40) and filed within above). Authority sought to operate as No. MC 103435 (Sub-No. 199 TA), filed days from the date of publication of a common carrier, by motor vehicle, December 11, 1967. Applicant: UNITED- jj® n°tice in the F ederal R egister. over irregular routes, transporting: BUCKINGHAM FREIGHT LINES, INC., Iron and steel articles, from the plant East 4005 Broadway Avenue, 99202, Post Long-and-S hort H aul of Jones & Laughlin Steel Corp. at Hen Office Box 2726, Spokane, Wash. 99220. No. 41192—Alfalfa from and to nepin, Putnam County, 111., to points in Applicant’s representative: George R. trT? ln western trunkline territory. Indiana, Iowa, Arkansas, Kentucky, LaBissoniere, 920 Logan Building, Seat L®?.'Western Trunk Line Committee, Minnesota, Michigan, Missouri, Ohio, tle, Wash. 98101, Authority sought to op arril Ii°' A-2531), for interested rail Oklahoma, Nebraska, Tennessee, and erate as a common carrier, by motor ve Trnm!?'- a^es on alfalfa, chopped or Wisconsin, for 180 days. Supporting hicle, over irregular routes, transporting: carloads, as described in the shipper: Jones & Laughlin Steel Corp., Iron and steel, and iron and steel articles, PPhcation, from points in Colorado, 3 Gateway Center, Pittsburgh, Pa. 15230. from the plantsite of Jones & Laughlin *nsas (except Kansas City, Atchison, Send protests to: John J. England, Dis Steel Corp. at Hennepin, Putnam County, FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 20758 NOTICES HI., to points in Indiana, Iowa, Arkansas, hand: household goods, heavy machin No. MC 129510 TA (Correction) , filed] Kentucky, Minnesota, Michigan, Mis ery, and building materials (excluding November 3, 1967, published FederaJ souri, Ohio, Oklahoma, Nebraska, Ten cement, in bulk, in tank or hopper bot R egister, issue of November 15, 1967] nessee, and Wisconsin. Note: Applicant tom vehicles or similar specialized equip and republished as corrected this issue] states it intends to tack with other au ment) between points in Washington. Applicant: CHESTER W. ENGLUNd] thority at Minneapolis, Des Moines, N ote : Applicant intends to interline with doing business as W. ENGLUND COJ Omaha, Cleveland, and St. Louis for 180 another carrier at Yakima, Seattle, Spo 740 Old Stage Road, Salinas, Calif. 939oi] days. Supporting shipper: Jones & kane, and Wenatchee, Wash., for 180 Applicant’s representative: Stuart j] Laughlin Steel Corp., 3 Gateway Center, days. Supporting shippers: H. R. Spinner Shoob, 1510 Arizona Title Building, in Pittsburgh, Pa. 15230. Send protests to: Co., 1550 South Wenatchee Avenue, Post West Monroe Street, Phoenix, Arid L. C. Taylor, District Supervisor, Inter Office Box 1409, Wenatchee, Wash. 98801; 85003. Authority sought to operate as 13 state Commerce Commission, Bureau of Keyes Fibre Co., Post Office Box 460, contract carrier, by motor vehicle, oven Operations, 401 U 5. Post Office Building Wenatchee, Wash. 98801; Van Doren irregular routes, transporting: (a)’Used] Spokane, Wash. 99201. Sales, Inc., Post Office Box 623, We automobile bumpers, to and from plant! No. MC 117934 (Sub-No. 6 TA), filed natchee, Wash. 98801; Chamberlin Dis sites of Electro Chemical Industries id December 11,1967. Applicant: HOWARD tributing Co., Post Office Box 665, San Diego, Ontario, and North Holly-1 L. JORGENSEN, doing business as B & T Wenatchee, Wash. 98801. Send protests wood, Calif.; Las Vegas, Nev.; St. Louis] TRUCK LINE, Brigham City, Utah 84302. to: L. C. Taylor, District Supervisor, Mo.; Chicago, 111.; Cleveland, Ohio; Min-1 Applicant’s representative: Bartly G. Interstate Commerce Commission, Bu neapolis, Minn.; Newark and Palmyra] McDonough, 755 Windsor Street, Salt reau of Operations, 401 U.S. Post Office N.J.; Allentown, Pa.; and Baltimore, Mdl Lake City, Utah 84102. Authority sought Building, Spokane, Wash. 99201. (b) Stone and finished stone products to operate as a common carrier, by motor No. MC 124554 (Sub-No. 6 TA), filed steel products, finished wood products vehicle, over irregular routes, transport December 11, 1967. Applicant: HILARD and finished epoxy resin products; frond ing: Iron or steel wire, on spools or stems, F. LANG AND MEDARD SCHMITZ, a Nashua, N.H.; Hicksville, Long Island! from the railroad yards at Ogden, Utah, partnership, doing business as LANG Schuyler, Va.; Elkins, W. Va.; Monroe! to "the fabricating plant of Sauk Valley CARTAGE, 338 South 17th Street, Mil N.C.; McDermott, Ohio; Dayton, Ohio! Manufacturing Co. at Brigham City, waukee, Wis. 53233. Applicant’s repre to construction jobsites in New Mexico! Utah, and empty spools or stems on re sentative: William C. Dineen, 412 Empire Arizona, Colorado, Wyoming, Utah! turn, for 180 days. Supporting shipper: Building, 710 North Plankinton Avenue, Idaho, Montana, Nevada, California! Sauk Valley Manufacturing Co., Post Milwaukee, Wis. 53203. Authority sought Washington, Oregon, and Texas; ana Office Box 659, Brigham City, Utah 84302. to operate as a contract carrier, by motor from points of origin named to the plant-] Send protests to: John T. Vaughan, Dis vehicle, over irregular routes, transport site of Permalab-Metalab Equipment] trict Supervisor, Bureau of Operations, ing: Such merchandise as is dealt in by Corp. in Los Angeles, Calif., for 180 days! Interstate Commerce Commission, 2224 Stanley Home Products, Inc., Westfield, N ote: The purpose of this republicatioa Federal Building, Salt Lake City, Utah Mass., from La Crosse, Wis., to points in is to add certain destination States in 84111. Winona, Wabasha, Goodhue, Dakota, (b) above, inadvertently omitted iron! Houston, Freeborn, Steele, Dodge, Mower, previous publication. Supporting ship« No. MC 121534 (Sub-No. 1 TA), filed . Olmsted, Fillmore, and Wazeca Counties, pers: Electro Chemical Industries, 7001 December 12, 1967. Applicant: CASH- Minn.; and returned merchandise from East Bonita Avenue, Pomona, Calif! MERE TRANSFER COMPANY, 435 Rock points in the above-named destination 91767; Permalab-Metalab Equipment] Island Road, East Wenatchee, Wash. counties in Minnesota, to La Crosse, Wis., Corp., 1717 North Main Street, Los An-| 98801. Applicant’s representative: George for 180 days. Supporting shipper: Stanley geles, Calif. 90012. Send protests to: Wm] R. LaBissoniere, 920 Logan Building, Home Products, Inc., Westfield, Mass. R. Murdoch, District Supervisor, Bureau] Seattle, Wash. 98101. Authority sought (Mark Reply Attention—Distributing of Operations, Interstate Commerca to operate as a common carrier, by motor Station, Box No. 58, Dubuque, Iowa Commission, 450 Golden Gate Avenue! vehicle, over irregular routes, transport 52003, John Walachy, Manager). Send Box 36004, San Francisco, Calif. 9410a ing: General commodities, between By the Commission. points in Okanogan, Douglas, Chelan, protests to: Lyle D. Heifer, District Su Kittitas, Grant, and Yakima Counties, pervisor, Interstate Commerce Commis [seal] H. Neil Garson, Wash., and between points in Kittitas sion, Bureau of Operations, 135 West Secretary. I County, Wash., on the one hand, and Wells Street, Room 807, Milwaukee, Wis. [F.R. Doc. 67-14866; Filed, Dec. 21, 1967; Seattle or Tacoma, Wash., on the other 53203. 8:47 ajn.] FEDERAL REGISTER, VOL. 32, NO. 247— FRIDAY, DECEMBER 22, 1967 FEDERAL REGISTER 20759 CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during December. 3 CFR page 7 CFR— Continued Page 14 CFR— Continued Page Proclamations: 1126___:_____ 1______16480 75______17518 2761A (see Proc. 3822)___ .— 19002 1421______16528 91______16483, 17654 3548 (see Proc. 3822) ______19002 1427______16528, 19156 97___._ 16484,17577,17928,19170, 20706 3821 ___-______— 17571 1464___ 17849 121______16481, 17889 3822 __ 19002 1474______17888 141______17851 1488______18018 151______17471 Executive O rders: P roposed R ules: 214______18020 Dec. 5, 1913 (revoked in part 217______18020 by PLO 4327)______16531 51______17893 221______18022 Mar. 21, 1914 (revoked in part 58______17893 241______18023 by PLO 4327)_____ 16531 812______17669 243______._ 20711 June 24, 1914 (revoked in part 817______17669 301______16491 by PLO 4327)______16531 911______17431 303______16491 11075 (see Proc. 3822)______19002 915______17431 311______16491 11248: 948______17671 320______16491 Amended by EO 11384____ 17423 950______17433 421______16491 Amended by EO 11385_____ 18081 989______17625, 20732 430 ______16491 11383 ______17421 993______17434 431 __ 16491 11384 ______17423 1001______17626 435______16491 11385 ______18081 1008______17626 1209___ 20714 1036______17626 P roposed R ules: 5 CFR 1048______17626 210-______16474 1______16495 213___ 16477,17615,17849, 20627, 20701 8 CFR 21______17485 315______16474 25______17487 351______16474 238------'______sa______17651 39______17439,17672, 17673,17895 352 _ 16474 280—_____ 17651 71______16495, 353—_____ 16475 P roposed R ules: 17488, 17543, 17596-17598, 17673- 430.______,______16475 242 _____ 17624 17675, 17861, 17982, 18060-18062, 511— ______16475 243 ------17624 20657,20658, 20737, 20738. 531___ 16475 244 _ 17624 73______17488 713.;.______16476 299------17624 75------18062 731.------16476 77------20658 752— ______16476 91______16495, 19190 9 CFR 207______20739 754------__ 16476 71— ______19157 771 ------16477 214______16535 76______19157 241______17983 772 ------16477 78 ____ 18086 831-______16477 295------16535 891______16477 79 ------19157 298------17598 95 ------19157 399______20739 , 2200------;______17573 96 -----h______19158 2300------17651 97 ------17618 15 CFR 151______; ______19158 7 CFR 373------17471 301. ------18015,18017 12 CFR 401. ------16478,17425, 17513 17574, 17926 16 CFR 718. -----_------17513 12______17468 13______17427, 722. ------17467, 17887,17923 206______724., _____ 17469 17618, 17853-17855, 18025, 20631 ------16478 224______17425 15 ______,______17582,17856,18087, 20716 725., ------16479 265______19159 P roposed R ules: 729., ------17887 335______792., _____ 17470 301______17544 ------20629 545______17926 794., ------___ 19155 415__ 17601 811., 556______20630 ------18083 561______17515 815., ------16525 17 CFR 842., 605______17652 ------20701 610______20703 230______-______17933 905. ------16525,17615,17616,17925 907. 670______20703 239 ______17933 ------16526,17515,17888, 20629 240 ______17583 909., — ------17849 P roposed R ules: 910.'. 270______:____ 17583 ------16526, 16- 20657 274______17583 17617, 17651, 18017, 18018, 18085 563 17544 944., ------17425 P roposed R ules: 946 ------20702 14 CFR 240______17983, 18063 959. ------20702 21------17850 270______17861 982. ------16527 39------16481, 987. 19 CFR 989. — -- 19156 17426, 17515, 17516, 17652, 17927 ------17467, 18086 61------16481 1062. 5______17619 ------16479 71__ 16482, 12______17428 1073 ------16480 1094. 16483, 17426, 17427, 17516-17518, 16 ------19159 ------16527 17574-17576, 17653, 17851, 18020, 19______17619 1103. ------16527 20630, 20631, 20704, 20705/ 1106. 23 _ 16528 ------16480 73______17427,17653, 18087 24 ------17619 20760 FEDERAL REGISTER 20 CFR Page 31 CFR Page 43 CFR— Continued page 404 ______18026, 19159 1------_------— --- — 17519 P ublic Land Orders—Continued 405 ______*._ 18026, 18027 82------17859 4336 ------*----- 17620 422______18030 214------:__ _ 18044 4337 ------i7662 P roposed R ules: 365—------— 20717 4338 ------17891. | 405______18050, 18054 45 CFR 32 CFR 21 CFR 30------£------1789! 52------___ 17661 1105------1------176631 19— ____ 18096 54------_------17619 29______17654 46 CFR 120 ______16529, 17472, 1809657------18087 121 ______, 16529, 504______18089 39------176211 16530,17472, 17587,17654,17655, 537------»_____ 17519 55------— 19180 17856, 17857, 18096, 20631, 20632 701______17588 61------igloo] 130______16531 710------______20717 72 ------19180 146______16531 721------20719 76 ------19180 146a_____ .______16491, 17657 881------1____ 20720 77 ------I9i8i 148q______18096 888c______20648 78 ------19181] 166______.______17473 1703______20722 98------17621 111 ------19181 191______19176 32A CFR P roposed R ules: 112 ---- 19182] 1______18113 OEP (Ch. I) : 113 ------19182 15______18114 Reg. 6------___ 20726 221------.17595 31______16533 255------i------175951 46______17482, 17671, 18114 33 CFR 308------17891 128—.__ 17980 510------17480 109 ------17726, 17890 526------17667 130______e____ 17671 110 ------17726, 17890 138______16533, 17626 114 ------17726, 17890 Proposed R ules: 115 ------17726, 17890 Ch. II______17980 22 CFR 116 ------17726, 17890 510------19192 10------17454 117 ------17726,17890,17939 5 14------16496 209------____ 17522 536------19192 23 CFR 36 CFR 47 CFR 255______17938,18032,18033 7 3 ------19183, 19187 P roposed R ules: 7______17661 255______16534 97------17429 39 CFR P roposed R ules: 24 CFR 123______17479 2______.______16495,18115 203______20716 171------20633 73______19191, 20659, 20739 207______20716 224______18045 87______16495,18115 232______1______18045, 20643 91______17440 220___ 20716 261______20643 234------17587 742______17479, 17860 48 CFR 25 CFR 41 CFR 501______17940 P roposed R ules: 221— ____ 17543 1-1______16491, 18045 49 CFR 1-2------18049 Ch. X ______20003 1-16______18049 290 ______— 17941 1 26 CFR 9-1______1______17542 291 ______17941 1______— ______17479, Ch. 18____ 17002 292 ______17941 ] 17518,17657,17890,17938,18039 101-26______17939 293 ______17941 31______18039 294______17941 46______18039 42 CFR 295— —______17892,17941 48 ____ 18039 296— ______■___ 17941 49 ______1______18039 53______— 17662 297______— ____.______17941 147—_____ 17858 890____———————__ :______17480 601______20645 43 CFR 1100_—______20654 701______17890 2210______17890 1200———--——- ——______17480 P roposed R ules: I306—_— ______20654 j 1— ______20727 P ublic Land Orders: P roposed R ules! 151______17861 334 (revoked in part by PLO 4333) ______17480 177— —— —______18114, 20739 ] 28 CFR 1796 (revoked in part by PLO 239_ _ _ _ ' _____ - 18062 ] 4331)______17479 294—I— —*18114, 20739 o______16531 2764 (see PLO 4331)___ 17479 1056—— ______20659 4327 ______16531 29 CFR 4328 ______17429 50 CFR 1610______16491 4329 ______16532 1 o ____ 20655 ] 4330 __ 17479 28 '______17622 | 30 CFR 4331 ______17479 30 ___ 17542,20656 P roposed R ules: 4332 ______17479 23 16532, | 12______20730 4333 ______— 17480 17430, 17481, 17623, 176 67, 17668, 18______18098 4334 ______17429 18049,20656, 20704*