FEDERAL REGISTER VOLUME 31 • NUMBER 35

Saturday, February 19, 1966 • Washington, D.C. Pages 2923-2984

Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Food and Drug Administration Interagency Textile Administrative Committee Interstate Commerce Commission Land Management Bureau Renegotiation Board Securities and Exchange Commission Detailed list of Contents appears inside. Volume 78 UNITED STATES STATUTES AT LARGE

[88th Cong , 2d Sess.l

Contains laws and concurrent resolu­ subject index, tables of prior laws tions enacted by the Congress during affected, a numerical listing of bills 1964, the twenty-fourth amendment enacted into public and private law, to the Constitution, and Presidential and a guide to the legislative history proclamations. Also included are: a of bills enacted into public law.

Price: $8.75

Published by Office of the Federal Resister, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printins Office, Washinston, D .C., 20402

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, o on the day after an official Federal holiday), by the Office of the Federal Register, Nation FEDEMLMREGISTER Archives and Records Service, General Services Administration (mail address Nation ^ Area Code 202 '«awno'»' Phone 963-3261------Archives Building. Washington, D.C. 20408), pursuant to the authority contained m tne 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 Superintend of Documents, Government Printing Office, Washington, D.C. 20402. .. , T he F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payaD advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cen each additional group of 40 pages, as actually bound) . Remit check or money order, made payable to the Superintendent of Docum G overnm ent P rin tin g Office, W ashington. D.C. 20402. r_ The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is published, under 50 titles, p suant to section 11 of the Federal Register Act, as amended. The Code op F ederal Regulations is sold by the Superintend Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. ations. There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code op F ederal R egul Contents

Soybeans; interpretation regard­ Grace, W. R. & Co______2974 AGRICULTURE DEPARTMENT ing standards------2965 Interchemical Corp______2974 See Commodity Credit Corpora­ Salsbury Laboratories______2974 tion; Consumer and Marketing Virginia Chemicals, Inc______2975 Service. FEDERAL AVIATION AGENCY ATOMIC ENERGY COMMISSION Rules and Regulations HEALTH, EDUCATION, AND Airworthiness directives ; Lock­ WELFARE DEPARTMENT Notices heed Aircraft Service Company,^ Pacific Gas and Electric Co.; is­ Models 109C and 1Ò9D flight re­ See Food and Drug Administra­ suance of order extending ex­ corders______2927 tion. piration date of provisional op­ Proposed Rule Making erating license------— 2975 Temporary restricted area; desig­ INTERAGENCY TEXTILE nation^______—— 2969 ADMINISTRATIVE COMMITTEE CIVIL AERONAUTICS BOARD Notices Rules and Regulations FEDERAL COMMUNICATIONS Certain cotton textile and cotton Tariffs of certain certificated air­ textile products under long term lines; trade agreements------2927 COMMISSION arrangement regarding interna­ Notices Rules and Regulations tional trade in cotton textiles; Hearings, etc.: UHF television channels; expand­ actions and restraint levels___ 2978 Los Angeles/San Francisco-Van­ ed use ------2932 Cotton textile products in Cate­ gory 1 produced or manufac­ couver case______—— 2975 Proposed Rule Making Rates for magazines; Chicago- tured in Brazil; restraint levels. 2978 Los Angeles — 2975UHF television channels; expand­ ed use 1 ------— — 2970 Reopened Transatlantic Route INTERIOR DEPARTMENT Renewal Case___ _Ä -4-—-- 2975 Notices Standard broadcast application See Land Management Bureau. CIVIL SERVICE COMMISSION ready and available for process­ ing______2976 Rules and Regulations INTERSTATE COMMERCE Health, Education, and Welfare COMMISSION Department; excepted service— 2932 FEDERAL MARITIME Rules and Regulations Voting rights Program; Alabama. 2928 COMMISSION Explosives and other dangerous articles; required ex terio r COMMODITY CREDIT Proposed Rule Making marking on motor vehicles CORPORATION Practices of independent ocean and combinations______'____ 2950 freight forwarders and brokers, Notices Rules and Regulations and oceangoing common car­ Fourth section application for Flaxseed and linseed oil; export riers; extension of time for comments______2972 relief (2 documents)______2981 payment-in-kind program terms Motor carrier: and conditions_._____ —_— 2954 Notices Temporary authority applica­ Agreements filed for approval: tions______2979 CONSUMER AND MARKETING Bank Line, Ltd., and American Transfer proceedings______2980 Mail Line, Ltd______2976 SERVICE Port of Detroit Operator’s Asso­ Rules and Regulations ciation______2977 LAND MANAGEMENT BUREAU Fruit handling limitations : Notices Arizona and California: Arizona; filing of plats of surveys Lemons______2952 FOOD AND DRUG Oranges: (2 documents)______2973 Navel______2951 ADMINISTRATION Valencia______2952 Rules and Regulations RENEGOTIATION BOARD Florida; grapefruit: Food additives; olefin polymers_ 2960 Indian River district______2953 Rules and Regulations Interior district______2954 Proposed Rule Making Employee responsibilities and con­ Grapefruit grown in certain dis­ New drugs; requirements for sub­ duct ______2928 tricts in Florida; reporting mission of information on re­ certain shipments: lated drugs------.------2967 Indian River District______2952 Notices SECURITIES AND EXCHANGE Interior District______2953 Poultry and poultry . products, Drug abuse control amendments COMMISSION of 1965; notice of public hear­ grading and inspection; correc­ Notices tion ______;______2951 ing— ______2975 Petitions filed regarding food ad­ Hearings, etc.: Proposed Rule Making ditives: American Electric Power Co., Milk in Washington, D.C., and American Cyanamid Co______2974 Inc., et a l.______;____ — 2977 Upper Chesapeake Bay market­ Dow Chemical Co______2974 Clark Equipment Overseas Fi­ ing areas; recommended deci­ du Pont, E. I., de Nemours and nance Corp______2977 sion______2965 Co., Inc. (2 documents)____ 2974 VTR, Inc______— ______2978 2925 2926 CONTENTS

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

5 CFR 14 CFR 45 CFR 213______2932 39______2927 801______- ______2928 225______2927 7 CFR P roposed R u les : 46 CFR 55______2951 73______2969 P roposed R u l e s : 70____ 2951 10______2972 907 ______2951 908 _ 2952 21 CFR 47 CFR 910______2952 121______2960 912 (2 documents)______2952, 2953 73______2932 913 (2 documents)______2953, 2954 P roposed R u l e s : 130____ ¡.i______2967 P roposed R u l e s : 1486______2954 73______!______2970 P roposed R u l e s : 26______2965 1003__ 2965 32 CFR 49 CFR 1016______2965 1450__,______’_____ 2928 77 2950 2927

Rules and Regulations

approved by the Chief, Aircraft Engineer­ of $200,000 per year on trade agreements Title 14— AERONAUTICS AND ing Division, PAA Western Region. requested that the limitation be in­ 4. The following parenthetical refer­creased to $250,000 per year. New York SPACE ence statement is added following para­ Airways requested that the present $20,- graph (b): 000 limitation for scheduled helicopter Chapter I— Federal Aviation Agency carriers be increased to $100,000 per year, (Lockheed Aircraft Service Co. Bulletin and that the exemption also be made [Docket No. 6107; Arndt. 39-196] No. 31-12 dated April 1, 1965 covers this subject.) applicable to transportation of property PART 39— AIRWORTHINESS in exchange for advertising. DIRECTIVES This amendment becomes effective In view of the substantial use made of March 24,1966. trade agreement authority by the local Lockheed Aircraft Service Co. Models (Secs. 313(a), 601, 603, Federal Aviation Act service carriers and the carriers’ rep­ 109C and 109D Flight Recorders of 1958; 49 U.S.C. 1354(a), 1421,1423) resentations of their contribution to sub­ sidy reduction through generation of Amendment 39-17 (29 F.R. 18477), AD Issued in Washington, D.C., on Feb­ new traffic, it appears to the Board that 65-1-3, as amended by Amendments 39- ruary 14,1966. the bases for previous extension of Part 109 (30 F.R. 9536) and 39-135 (30 FJR. C. W. W alker, 225 presently exist and that an extension 11669) required incorporation of certain Acting Director, of the part for 3 years is justified. We modifications on Lockheed Aircraft Flight Standards Service. will, however, deny the request to in­ Service Co. Models 109C and 109D flight [F.R. Doc. 66-1773; Piled, Feb. 18, 1966; crease the limitation on trade agreements recorders. A proposal to further amend 8:45 a m .] to $250,000 per year. It is true that the AD 65-1-3 to require the installation of carriers’ capacity, traffic, revenues, and a modified clamping ring on Model 109C operations are generally larger than flight recorders was published in 30 F.R. Chapter II— Civil Aeronautics Board when the $200,000 limitation was estab­ 12129. SUBCHAPTER A— ECONOMIC REGULATIONS lished and that the carriers will have Interested persons have been afforded [Reg. No. ER-453] additional expenditures for advertising an opportunity to participate in the in connection with the acquisition of jets. making of the amendment. A comment PART 225— TARIFFS OF CERTAIN However, the carriers’ earnings history requested that the compliance time of and general financial condition have also the AD be changed to allow 8 months to CERTIFICA TED AIRLINES; TRADE AGREEMENTS improved. No showing has been made comply with the new requirements of the that the additional expenditures for ad­ AD as had the original AD. The Agency Miscellaneous Amendments vertising cannot be met from internally agrees that this compliance time should Adopted by the Civil Aeronautics Board generated sources or that the carriers are apply to the new requirements, there­ unable to raise any additional working fore the AD is also being amended to pro­ at its office in Washington, D.C., on the vide that the compliance time for the 15th day of February 1966. capital required. new requirements is 8 months after the Part 225 of the Board’s economic reg­ On its own initiative, the Board is effective date of this amendment. ulations authorizes certain classes of the amending § 225.1(a) (4) to limit trade In consideration of the foregoing and smaller certificated air carriers to ex­ agreement eligibility to subsidized car­ pursuant to the authority delegated to change transportation for advertising riers with intra-Alaskan routes. Pacific me by the Administrator (25 F.R. 6489), goods or services within specified annual- Northern Airlines, one of the two car­ § 39.13 of Part 39 of the Federal Avia­ dollar limitations. By its terms, trade riers having routes between the 48 con­ tion Regulations, Amendment 39-17 (29 agreements to be performed during 1966 tiguous States and Alaska as well as in­ F.R. 18477), AD 65-1-3, as amended by must be filed with the Board prior to De­ tra-Alaskan routes, is now realizing rea­ Amendments 39-109 (30 F.R. 9536) and cember 17,1965. Therefore, the carriers sonable earnings without subsidy (see 39-135 (30 F.R. 11669), is further are precluded from entering into any Order E-23101, dated January 10, 1966) amended as follows: new contracts during 1966. and it does not appear that the special Lake Central Airlines, Inc., Wien relief of Part 225 is warranted in the case 1. The compliance statem en t is Alaska Airlines, Inc;, and Northern Con­ of that carrier. Also, the exemption ap­ amended to read: solidated Airlines, Inc., Docket 16716; plicable only to South Pacific Air Lines is Compliance required as indicated, unless West Coast Airlines, Inc., and North being deleted because that carrier has already accomplished. Central Airlines, Inc., Docket 16726; ceased operations. The application of New York Airways 2. Paragraph (a) is amended to read: Mohawk Airlines," Inc., Docket 16727 ; Ozark Air Lines, Docket 16730 ; Hawaiian for an increase to $100,000 and authority (a) Within 8 months after the effective Airlines, Inc., Los Angeles Airways, Inc., to exchange transportation of property date of Amendment 39-17 (29 F.R. 18477), on Trans-Texas Airways, Inc., and Aloha for advertising was only recently filed Model 109C, serial num bers u p to and in ­ and, for that reason, will be considered cluding Serial N um ber 882 and Model 109D Airlines, Inc., Docket 16735; Pacific Air up to and including Serial N um ber 135, re­ Lines, Inc., Docket 16741 ; Southern Air­ in a separate proceeding in order that the place the tape cassette with a Lockheed Air­ ways, Inc., Docket 16742; Frontier Air extension of this part may not be delayed. craft Service Co. stainless steel cassette P/N Lines, Inc., Docket 16748 (incorporating Inasmuch as this amendment merely 4024570-1. Docket 16434) ; Central Airlines, Inc., extends exemptions which the Board has 3. The following new paragraph is Piedmont Aviation, Inc., and Allegheny previously found to be in the public in­ added following paragraph (a ): Airlines, Inc., Docket 16755; Bonanza terest and it is desirable that they be con­ Air Lines, Inc., Docket 16763; and New tinued without interruption, the Board (b) Within eight months after March 24, finds that notice and public procedure 1966, on Model 109C, up to an d including York Airways, Inc., Docket 16863 have Serial Number 889, saw off near the case the filed applications for the extension of hereon are unnecessary and that the two latch clamps which are to the left of Part 225. Most of the applicants re­ amendment should be effective upon the pitot pressure line connector when fac­ quested extension for an additional 3- adoption. ing the pitot pressure line connector. . Pile year period; some carriers, however, re­ Accordingly, the Board hereby amends the remaining edges of the clamp to conform to the contour of the recorder case, and in­ quested an indefinite extension, while Part 225 of the Economic Regulations stall Lockheed Aircraft Service Co. clamp­ others requested less than 3 years. Sev­ (14 CFR Part 225), effective February 15, ing ring, P/N 4024582-803, or an equivalent eral airlines now subject to a limitation 1966, as follows:

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2928 RULES AND REGULATIONS

1. Amend § 225.1(a) by deleting and Sec. reserving subparagraph (5), and by re­ Title 45— PUBLIC WELFARE 1450.735- 29 Miscellaneous statutory pro­ visions. vising subparagraph (4) to read: Chapter VIII— United States Civil § 225.1 Definitions. Service Commission Subpart C— Ethical and Other Conduct and Re­ For the purposes of this part: sponsibilities of Special Government Employees (a) “Airline” means: * * * PART 801— VOTING RIGHTS 1450.735- 31 Use of Board employment. (4) Any subsidized air carrier fur­ PROGRAM 1450.735- 32 Use of inside information. nishing air transportation between points 1450.735- 33 Coercion. Appendix A 1450.735- 34 Gifts, entertainment, and in the State of Alaska (but not between favors. points on a route 'between Alaska and Alabama 1450.735- 35 Miscellaneous statutory pro­ other States of the United States unless visions. the air carrier is also authorized to, serve Appendix A to Part 801 is amended 1450.735- 36 General provisions. such points on a route located wholly under the heading “Dates, Times, and within Alaska), consisting of the car­ Places for Filing” by the addition under Subpart D— Statements of Employment and riage of passengers, property, and mail the subheading “Alabama” of a new Financial Interests under a certificate of public convenience place for filing in Jefferson County, Ala., 1450.735- 41 Form and content of state­ at Wylam, as set out below: m ents. and necessity issued by the Board. 1450.735- 42 Employees required to submit (5) [Reserved] Alabama statements. * * * * * ' County; Place for Filing; Beginning Date 1450.735- 43 Employees not required to sub­ mit statements. 2. Amend § 225.2(a) by changing the Jefferson; (1) Bessemer—Post Office B uild­ date “December 17, 1965” to “December 1450.735- 44 Time and place for submission ing, N orth 19th Street, Jan u ary 24, .1966; (2) of employees’ statements. 18, 1968,” so that the paragraph reads B irm ingham —Post Office and C ourthouse 1450.735- 45 Supplementary statements. as follows : Building, 18th at 5th Avenue, North; Janu­ 1450.735- 46 Interests of employees’ relatives. § 225.2 Filing of notice of trade agree­ ary 24, 1966; (3) Fairfield—4412 Gary Ave­ 1450.735- 47 Information not known by em­ nue; Jan u ary 24, 1966; (4) N orth Birm ing­ ployees. - ment and cancellation of such agree­ ham —Post Office Building; 2003 41st Avenue ment. 1450.735- 48 Information prohibited. (S ayreton), B irm ingham ; February 14, 1966; 1450.735- 49 Confidentiality of statements. (a) Notice of trade agreement. Any(5) Powderly—Library Building, Birming­ 1450.735- 50 Effect of statements on other airline may at any time prior to Decem­ ham Baptist College, 630 Ishkooda Road, requirements. ber 18, 1968, file with the Board a notice B irm ingham ; February 14, 1966; (6) 1450.735- 51 Specific provisions for special Wylam—trailer a t Post Office, 4221 Seventh Government employees. of its intention to furnish air transporta­ Avenue (Wylam), Birmingham; February 21, tion in exchange for services or goods 1966. Au t h o r it y : The provisions of this Part for advertising purposes. Every such 1450 issued un d er section 702, E.O. 11222, 30 notice shall be accompanied by an ex­ -(Secs. 7 and 9 of the Voting Rights Act of F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104. 1965; P.L. 89-110) ecuted counterpart of a written agree­ Subpart A— General Provisions ment, containing all the terms of the U n ited S tates C iv il S erv­ agreement between the parties thereto, ic e C o m m is sio n , § 1450.735—1 Purpose. duly entered into by such air carrier M ary V. W en zel, The maintenance of unusually high with the supplier, and by an affidavit by Executive Assistant to standards of honesty, integrity, impar­ the chief financial officer or other re­ the Chairman. tiality, and conduct by Government em­ sponsible officer of the airline having [F.R. Doc. 66-1912; Filed, Feb. 18, 1966; ployees and special Government em­ knowledge of the transaction in the form 11:56 a.m.] ployees is essential to assure the proper required by § 225.4. Every such notice performance of the Government business shall be filed at least 14 days prior to and the maintenance of confidence by the effective date specified in the trade citizens in their Government. The agreement. Within the meaning of this Title 32— NATIONAL DEFENSE avoidance of misconduct and conflicts of part, air transportation shall be deemed interest on the part of Government em­ to be furnished when the passenger is Chapter XIV— The Renegotiation ployees and special Government em­ actually enplaned. Board ployees through informed judgment is * * * * * SUBCHAPTER B— RENEGOTIATION BOARD indispensable to the maintenance of 3. Amend § 225.5(a) by changing the REGULATIONS UNDER THE 1951 ACT these standards. To accord with these phrase “preceding January 1, 1966” to concepts, this part prescribes standards read “on or before January 1, 1969,” so PART 1450— EMPLOYEE RESPONSI­ of conduct and responsibilities of em­ that the paragraph reads as follows: BILITIES AND CONDUCT ployees and special Government em­ ployees, and governs statements report­ § 225.5 Provisions of agreement. A new Part 1450—Employee Responsi­ bilities and Conduct, is added to read as ing employment and financial interests ***** of such employees. (a) That it shall become effective on follows: Subpart A— General Provisions § 1450.735—2 Definitions. a specified day, on or before January 1, Sec. 1969; 1450.735- 1 Purpose. As used in this part: ***** 1450.735- 2 Definitions. (a) “Board” means The Renegotia­ 4. Amend § 225.6 by deleting para­ 1450.735- 3 Interpretation and advisory tion Board, including the regional graph (c) and ending the section with service. boards, except when the context indi­ 1450.735- 4 Reviewing statements and re­ cates otherwise. paragraph (b), which reads: porting conflicts of interest. (b) “Employee” means a member or § 225.6 Limitation on total value of 1450.735- 5 Disciplinary and other remedial employee of the Board, but does not in­ trade agreements. action. clude a special Government employee. ***** 1450.735- 6 Notice to employees. (c) “Ekecutive order” means Execu­ (b) $20,000 in the aggregate each year Subpart B— Ethical and Other Conduct and tive Order No. 11222 of May 8, 1965. for those airlines identified under Responsibilities of Employees (d) “Person” means an individual, a § 225.1(a) (4) and (6). 1450.735- 21 Gifts, entertainment, and corporation, a company, an association, (Secs. 204(a), 403, 404, 416, Federal A viation favors. a firm, a partnership, a society, a joint Act of 1958, as am ended, 72 S tat. 743, 758, 760, 1450.735- 22 Outside employment. stock company, or any other organiza­ 771; 49 U.S.C. 1324,1373,1374,1386) 1450.735- 23 Financial interests. tion or institution. 1450.735- 24 Use of Government property. By the Civil Aeronautics Board. (e) “Special Government employee” 1450.735- 25 Misuse of information. means a “special Government employee” [ seal] H arold R . S anderson, 1450.735- 26 Indebtedness. 1450.735- 27 Gambling, betting, and lot­ as defined in section 202 of Title 18 of Secretary. teries. the United States Code, such as a con­ [F.R. Doc. 66-1813; Filed. Feb. 18, 1966; 1450.735- 28 General conduct; conduct prej­ sultant, expert, etc., who is employed by 8:47 a.m.] udicial to the Government. the Board.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2929

§ 1450.735—3 Interpretation and advi­ counselor to the affected employee or (2) Conducts operations or activities sory service. special Government employée. Such that are within the scope of the Renego­ (a) The Board shall designate a coun­ notice shall include advice that such em­ tiation Act of 1951, as amended; or ployée or special Government employee (3) Has interests that may be sub­ selor for the Board, who shall also serve will be provided an opportunity to ex­ stantially affected by the performance as the designee of the Board to the Civil plain to the Board the conflict or ap­ or nonperformance of the employee’s Service Commission, on matters covered pearance of conflict. official duty. by this part. Such counselor shall be (b) There are excepted from the pro­ responsible for coordination of the § 1450.735—5 Disciplinary and other hibitions Contained in paragraph (a) of Board’s counseling services provided remedial action. this section: under this section, and for assuring that (a) Any violation of the regulations in (1) Transactions governed by obvious counseling and interpretations on ques­ this part, by an employee or special Gov­ family or personal relationships (such tions of conflicts of interest and other ernment employee, may be cause for dis­ as those between the parents, children, matters covered by this part are avail­ ciplinary action, which may be in addi­ or spouse of the employee and the em­ able to deputy counselors designated tion to any penalty prescribed by law. ployee) when the circumstances make it under paragraph (b) of this section. (b) When, after consideration of the clear that it is those relationships rather (b) The Board shall designate a dep­ explanation of the employee or special than the business of the persons con­ uty counselor for the headquarters office Government employee provided by cerned which are the motivating factors; of the Board and for each regional § 1450.735-4(b), the Board decides that board. Such deputy counselors shall (2) Acceptance of food and refresh­ remedial action is required, the Board ments of nominal value on infrequent give advice and guidance to each em­ will take immediate action to end the occasions in the ordinary course of a ployee or special Government employee conflicts or appearance of conflicts of luncheon or dinner meeting or on an in­ in their respective locations who seeks interest. advice and guidance on questions of spection tour where an employee may (c) Remedial action under paragraph properly be in attendance; conflicts of interest or other matters (a) or (b) of this section may include, covered by this part. The deputy coun­ (3) Acceptance of loans from banks but is not limited to : or other financial institutions on cus­ selors shall report to the counselor at (1) Changes in assigned duties; such times and in such manner as the tomary terms to finance proper and (2) Divestment by the employee or usual activities of employees, such as counselor shall prescribe. special Government employee of his con­ (c) Employees and special Govern­ home mortgage loans; and flicting interest; (4) Acceptance of unsolicited adver­ ment employees are strongly urged to (3) Disqualification for a particular feel free to seek advice and guidance tising or promotional material, such as assignment; or pens, pencils, note pads, calendars, and from the appropriate deputy counselor (4) Disciplinary action. on questions of conflicts of interest and other items of nominal intrinsic value. other matters covered by this part, so Remedial action, whether disciplinary or (c) An employee shall avoid any ac­ that the requirements of proper conduct otherwise, will be effected in accordance tion, whether or not specifically prohib­ may be fully understood and observed at with any applicable laws, Exécutive ited by this subpart, which might re­ orders, and regulations. sult in, or create the appearance of: all times. (1) Using public office for private (d) Counseling service shall be avail­ § 1450.735—6 Notice to employees. able to employees and special Govern­ gain; ment employees during the hours of busi­ Within twenty (20) days after the (2) Giving preferential treatment to ness of the Board, or a regional board, effective date of the regulations in this any person; upon request to the appropriate deputy part, or of any amendment thereto, each (3) Impeding Government efficiency counselor. employee and special Government em­ or economy; ployee shall be provided with a copy of (4) Losing complete independence or § 1450.735—4 Reviewing statements and this part, or of such amendment. Each impartiality; reporting conflicts of interest. new employee or special Government em­ (5) Making a Government decision (a) Statements of employment and ployee appointed thereafter shall be pro­ outside official channels; or financial interests of each employee and vided with a copy of this part, and all (6) Affecting adversely the confidence special Government employee, submitted amendments thereto, at the time of his of the public in the integrity of the under Subpart D of this part, shall be entrance on duty. At least, semiannu­ Board or the Government. submitted to the counselor designated ally, the regulations in this part shall be (d) An employee shall not solicit con­ pursuant to section A 450.735-3 (a), who brought to the attention of all employees tributions from another employee for a shall review such statements for conflicts and special Government employees, each gift to an employee in a superior official of interest or apparent conflicts of of whom shall be required at each such position. An employee in a superior offi­ Interest. time to execute a statement in form as cial position shall not accept a gift : (b) When a statement submitted un­ follows: presented as a contribution from em­ der Subpart D of this part, or informa­ Z have read and I understand the pro­ ployees receiving less salary than him­ tion from other sources, indicates in the visions of Part 1450 of the Renegotiation self. An employee shall not make a judgment of the counselor a conflict be­ Board Regulations, and I agree to abide donation as a gift to an employee in a tween the interests of an employee or thereby as long as I remain an employee of superior official position (5 U.S.G. 113). special Government employee and the The Renegotiation Board. (e) An employee shall not accept a Performance of his services for the Board, It shall be the responsibility of the Di­ gift, present, decoration, or other thing the counselor, or at his request the ap­ rector, Office of Administration, to carry from a foreign government unless au­ propriate deputy counselor, shall consult out the provisions of this section. thorized by Congress as provided by the with such employee or special Govern­ Constitution and in 5 U.S.C. 114-115a. ment employee, and when necessary with Subpart B— Ethical and Other Conduct § 1450.735—22 Outside employment. his superior, in an effort to resolve the and Responsibilities of Employees conflict or appearance of conflict by any (a) An employee shall not engage in, of the methods described in subpara­ § 1450.735—21 Gifts, entertainm ent, or conduct negotiations or arrangements graphs (1), (2), and (3) of § 1450.735-5 and favors. for, outside employment or other outside (c). If the matter is not resolved to the (a) Except as provided in paragraph activity not compatible with the full and satisfaction of the counselor, the infor­ (b) of this section, an employee shall proper discharge of the duties and re­ mation concerning the conflict or ap­ not solicit, or accept, directly or indi­ sponsibilities of his employment with the pearance of conflict shall be reported to rectly, any gift, gratuity, favor, enter­ Board. Incompatible activities include the Board by the counselor for disciplin­ tainment, loan, or any other thing of but are not limited to: ary or other remedial action pursuant to monetary value, from a person who: (1) Acceptance of a fee, compensa­ the provisions of § 1450.735-5. In the (1) Has, or is seeking to obtain, con­tion, gift, payment of expense, or any latter event, written notice of such re­ tractual or other business or financial other thing of monetary value in cir­ ferral to the Board shall be given by the relations with the Board; cumstances in which acceptance may

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2930 RULES AND REGULATIONS result in, or create the appearance of, (b) This section does not preclude an (b) An emloyee shall not engage in conflicts of interest; or employee from having a financial in­ criminal, infamous, dishonest, immoral (2) Outside employment which tendsterest or engaging in financial transac­ or notoriously disgraceful conduct, or to impair his mental or physical capacity tions to the same extent as a private other conduct prejudicial to the Govern­ to perform his duties and responsibilities citizen not employed by the Government ment. as an employee in an acceptable manner. so long as it is not prohibited by law, (b) An employee shall not receive any the Executive order, Part 735 of the Civil § 1450.735—29 M iscellaneous statutory salary or anything of monetary value Service Regulations (5 CFR, Part 735), provisions. from a private source as compensation or this part. In addition to the regulations in this for his services to the Government (18 part and Part 1480 of this subchapter, U.S.C. 209). § 1450.735—24 Use of Government prop­ each employee shall acquaint himself (c) Employees are encouraged to en­ erty. with each statute that relates to his ethi­ gage in teaching, lecturing, and writing An employee shall not directly or in­ cal and other conduct as an employee of that is not prohibited by law, the Execu­ directly use, or allow the use of, Govern­ the Board and of the Government. The tive order, the Civil Service Regulations, ment property of any kind, including attention of employees is directed to the or this part. However, an employee shall property leased to the Government, for following statutory provisions: not, either for or without compensation, other than officially approved activities. (a) Section 113 of the Renegotiation engage in teaching, lecturing, or writing An employee has a positive duty to pro­ Act of 1951, as amended, relating to the that is dependent on information ob­ tect and conserve Government property, prosecution of claims against the United tained as a result of his employment by including equipment, supplies, and States (50 U.S.C., App. 1223). the Board, except when that information other property entrusted or issued to (b) The prohibition against disclos­ has been made available to the general him. ure of information in any Federal income public or will be made available on re­ § 1450.735—25 Misuse of information. tax return (Int. Rev. Code of 1954, Sec. quest, or when the Board gives written 55(f) (1); 26 U.S.C. 7312). authorization for the use of nonpublic For the purpose of furthering a private (c) House Concurrent Resolution 175, information on the basis that the use interest, an employee shall not, except as 85th Congress, 2d Session, 72 Stat. B12, is in the public interest. In addition, a provided in § 1450.735-22(c), directly or the “Code of Ethics for Government member of the Board, covered by sec­ indirectly use, or allow the use of, official Service.” tion 401(a) of the Executive order, shall information obtained through or in con­ (d) Chapter 11 of Title 18, United not receive compensation or anything of nection with his employment by the States Code, relating to bribery, graft, monetary value for any consultation, lec­ Board which is not available to the gen­ and conflicts of interest, as appropriate ture, discussion, writing, or appearance eral public. to the employees concerned. the subject matter of which is devoted § 1450.735—26 Indebtedness. .(e) The prohibition against lobbying substantially to the responsibilities, pro­ with appropriated funds (18 U.S.C. 1913). grams, or operations of the Board, or An employee shall pay each just finan­ (f) The prohibitions against disloyalty which draws substantially on official data cial obligation in a proper and timely and striking (5 U.S.C. 118p, 118r). or ideas which have not become part of manner. For the purpose of this sec­ (g) The prohibition against the em­ the body of public information. tion, a “just financial obligation” means ployment of a member of a Communist (d) An employee shall not engage in one acknowledged by the employee, or organization (50 U.S.C. 784). outside employment under a State or reduced to judgment by a court, or im­ (h) The prohibitions against (1) the local government, except in accordance posed by law, such as Federal, State, or disclosure of classified information (18 with Part 734 of the Civil Service Regu­ local taxes; and “in a proper and timely U.S.C. 798, 50 U.S.C. 783); and (2) the lations (5 CFR, Part 734). manner” means in a manner which the disclosure of confidential information (e) This section does not preclude an Board, if consulted, determines does not, (18U.S.C. 1905). employee from: under the circumstances, reflect ad­ (i) The provision relating to the (1) Receipt of bona fide reimburse­ versely on the Government as his em­ habitual use of intoxicants to excess ment, unless prohibited by law, for actual ployer. In the event of dispute between (5 U.S.C. 640). expenses for travel and such other an employee and an alleged creditor, this (j) The prohibition against the misuse necessary subsistence as is compatible section does not require the Board to of a Government vehicle (5 U.S.C. 78c). with this part for which no Government determine the validity or amount of the (k) The prohibition against the mis­ payment or reimbursement is made. disputed debt. use of the franking privilege (18 U.S.C. However, an employee may not be re­ § 1450.735—27 Gambling, betting, and 1719). imbursed, and payment may not be lotteries. (l) The prohibition against the use of made on his behalf, for excessive per­ deceit in an examination or personnel sonal living expenses, gifts, entertain­ An employee shall not participate, action in connection with Government ment, or other personal benefits. while on Government-owned or -leased employment (5 U.S.C. 637). (2) Participation in the activities of property or while on duty for the Gov­ (m) The prohibition against fraud or ernment, in any gambling activity in­ false statements in a Government mat­ national or state political parties not cluding the operation of a gambling de­ proscribed by law. ter (18 U.S.C. 1001). (3) Participation in the affairs of or vice, in conducting a lottery or pool, in a (n) The prohibition against removing, acceptance of an award for a meritorious game for money or property, or in selling concealing, mutilating or destroying a public contribution or achievement given or purchasing a numbers slip or ticket. public record (18 U.S.C. 2071). by a charitable, religious, professional, However, this section does not preclude (o) The prohibition against counter­ social, fraternal, nonprofit educational activities under section 3 of Executive feiting and forging transportation re­ and recreational public service, or civic Order 10927 (relating to fund raising) or quests (18 U.S.C. 508). organization. Board-approved activities of a similar (p) The prohibitions against (1) em­ nature. bezzlement of Government money or § 1450.735—23 Financial interests. § 1450.735—28 General conduct; con­ property (18 U.S.C. 641); (2) failing to (a) An employee shall not: duct prejudicial to the Government. account for public money (18 U.S.C. 643); (1) Have a direct or indirect financial and (3) embezzlement of the money or (a) Every employee shall conductproperty of another person in the posses­ interest that conflicts substantially, or himself in such a manner that the work appears to conflict substantially, with sion of an employee by reason of his em­ of the Board is effectively accomplished, ployment (18 U.S.C. 654). his duties and responsibilities as an em­ observing at all times the requirements ployee; or (q) The prohibition against unauthor­ (2) Engage in, directly or indirectly, of courtesy, consideration and prompt­ ized use of documents relating to claims a financial transaction as a result of, or ness in dealing with representatives of from or by the Government (18 U.S.C. primarily relying on, information ob­ other Departments and Agencies, con­ 285). tained through his employment with the tractor representatives, and the general (r) The prohibition against proscribed Board. public. political activities—The Hatch Act (5

FEDERAL REGISTER; VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2931 u s.c. 118i), and 18 U.S.C. 602, 603, 607, § 1450.735—36 General provisions. ninety (90) days after the effective date and 608. Each special Government employee of this part, if appointed after such Subpart C— Ethical and Other Con­ shall adhere to the standards of con­ effective date. duct and Responsibilities of Spe­ duct made applicable to employees by § 1450.735—45 Supplem entary state­ cial Government Employees §§ 1450.735-23 through 1450.735-28. ments. Subpart D— Statements of Employ­ (a) Changes in, or additions to, the §1450.735—31 Use of Board employ­ information contained in an employee’s ment. ment and Financial Interests statement of employment and financial A special Government employee shall § 1450.735—41 Form and content of interests shall be reported to the coun­ not use his employment by the Board for statements. selor in a supplementary statement at a purpose that is, or gives the appearance (a) The statement required of em­ the end of the quarter in which the of being, motivated by the desire for pri­ ployees by this subpart shall be known changes occur. Financial interests or vate gain for himself or another person, as the “Confidential Statement of Em­ employment acquired during a quarter, particularly one with whom he has fam­ ployment and Financial Interests (for but disposed of or terminated before the ily, business, or financial ties. use by Renegotiation Board employees) ” end of such quarter, shall constitute § 1450.735—32 Use of inside informa­ and shall be in form prescribed by the changes or additions to be reported at tion. Board. the end of such quarter. Quarters end March 31, June 30, September 30, and (а) A special Government employee (b) The statement required of special Government employees by this subpart December 31. If there are no changes or shall not use inside information obtained additions in a quarter ending March 31 as a result of his employment by the shall be known as the “Confidential Statement of Employment and Financial or September 30, a negative report is not Board for private gain for himself or an­ required. However, for the purpose of other person either by direct action on Interests (for use by special Government employees of The Renegotiation Board) ” semiannual review, a supplementary his part or by counsel, recommendation, statement, negative or otherwise, is re­ or suggestion to another person, particu­ and shall be in form prescribed by the Board. quired as of June 30 and December 31 larly one with whom he has-family, busi­ each year. ness, or financial ties. For the purpose § 1450.735—42 Employees required to (b) A supplementary statement shall of this section, “inside information” submit statements. be in the form prescribed for an initial means information obtained under Except as provided in § 1450.735-43, statement of employment and financial Board authority which has not become statements of employment and financial interests, but shall be marked “Supple­ part of the body of public information. interests are required from the follow­ mentary.” A supplementary statement (б) Special Government employees ing employees: shall furnish all the information re­ may teach, lecture, or write in a manner (a) Employees paid at a level of the quired for an initial statement, and in not inconsistent with the provisions of Federal Executive Salary Schedule es­ addition, by appropriate notation, shall § 1450.735-22 (c) in regard to employees. tablished by the Federal Executive Sal­ indicate any changes in, or additions to, § 1450.735—33 Coercion. ary Act of 1964, as amended. the information contained in the em­ A special Government employee shall (b) Employees in grade GS-16 or ployee’s initial statement or last supple­ not use his employment by the Board to above of the General Schedule estab­ mentary statement, as the case may be, coerce, or give the appearance of coerc­ lished by the Classification Act of 1949, except that if there are no changes or ing, a person to provide financial benefit as amended, or in comparable or higher additions in a quarter ending June 30 to himself or another person, particu­ positions not subject to that Act. or December 31, it shall suffice so to state larly one with whom he has family, busi­ (c) Regional board members. in the .supplementary statement sub­ ness, or financial ties. (d) Heads and assistant heads of mitted for such quarter. A supplemen­ offices or divisions of the Board and of tary statement shall also contain a certi­ § 1450.735—34 Gifts, entertainment, and the regional boards. fication that since the submission of his favors. (e) The Executive Assistant to the initial statement or last supplementary (a) A special Government employee, Chairman of the Board, and the special statement, as the case may be, the em­ while so employed or in connection with assistants to members of the Board. ployee has not acted or otherwise par­ his employment, shall not receive or (f) The Secretary to the Board, and ticipated in any matter involving any solicit from a person having business the Assistant to the Secretary. person or property listed in such state­ with the Board, anything of value as a (g) All attorneys, accountants, re­ ment or last supplementary statement, Sift, gratuity, loan, entertainment, or negotiators, reviewers, business analysts, or in the new supplementary statement, favor for himself or another person, par­ economists, and procurement affairs except as may be set forth and explained ticularly one with whom he has family, officers. in an accompanying memorandum. business, or financial ties. § 1450.735—43 Employees not required § 1450.735—46 Interests of employees’ (b) There are excepted from the pro­ to submit statements. relatives. hibitions contained in paragraph (a) of A statement of employment and finan­ The financial interest of a spouse, this section, activities of a special Gov­ cial interests is not required by this sub­ minor child, or other member of an em­ ernment employee not inconsistent part from members of the Board, who ployee’s immediate household is consid­ with the exceptions authorized for em­ are subject to separate reporting re­ ered to be an interest of the employee. ployees in § 1450.735-21 (b). quirements under section 401 of the Ex­ For the purpose of this section, “mem­ ecutive order. ber of an employee’s immediate house­ § 1450.735—35 Miscellaneous statutory hold” means those blood relations of an provisions. § 1450.735—44 Time and place for sub­ employee who are residents of the em­ In addition to the regulations in this mission of employees’ statements. ployee’s household. part and Part 1480 of this subchapter, An employe.e required to submit a § 1450.735—47 Information not known each special Government employee shall statement of employment and financial by employees. acquaint himself with each statute that interests under this subpart shall sub­ relates to his ethical and other conduct mit such statement to the counselor des­ If any information required to be in­ ignated pursuant to § 1450.735-3 (a) not cluded in a statement of employment as a special Government employee. The later than: and financial interests or supplementary attention of each special Government (a) Ninety (90) days after the effec­ statement, including holdings placed in employee is directed to those statutory tive date of this part if employed on or trust, is not known to the employee but Provisions listed in § 1450.735-29 that are before such effective date; or is known to another person, the em­ applicable to special Government em­ (b) Thirty (30) days after his en­ ployee shall request such other person to ployees. trance on duty, but not earlier than submit information in his behalf.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 No. 35------2 2932 RULES AND REGULATIONS

§ 1450.735—48 Information prohibited. such a level of responsibility that the submission of the statement by the Title 47— TELECOMMUNICATION This subpart does not require an em­ incumbent is not necessary to protect the ployee to submit in a statement of em­ integrity of the Government. For the Chapter I— Federal Communications ployment and financial interest or sup­ Commission plementary statement any information purpose of this paragraph, “consultant” and “expert” have the meanings given [Docket No. 14229; FCC 66-137] relating to the employee’s connection those terms by Chapter 304 of the Fed­ with, or interest in, a professional so­ PART 73— RADIO BROADCAST ciety or a charitable, religious, social, eral Personnel Manual, but do not in­ clude a physician, dentist, or allied SERVICES fraternal, recreational, public service, medical specialist whose services are civic, or political organization or a simi­ procured to provide care and service to Fostering Expanded Use of UHF Tele­ lar organization not conducted as a busi­ vision Channels; Fifth Report and ness enterprise. For the purpose of this patients. (c) A statement of employment and Memorandum Opinion and Order section, educational and other institu­ financial interests required to be sub­ tions doing research and development or mitted under this section shall be sub­ 1. On June 4, 1965, the Commission related work involving grants of money mitted not later than the time of em­ adopted the Fourth Report and Order in from or contracts with the Government, ployment of the special Government the above-entitled matter (FCC 65-504)1 or related subcontracts, are deemed employee. Each special Government which included a revised table of assign­ “business enterprises” and are required employee shall keep his statement cur­ ments different from that originally pro­ to be included in an employee’s state­ rent throughout his employment with the posed in two respects. ment of employment and financial Board by the submission of supplemen­ (1) Only a few assignments were made interests. tary statements. on channels above Channel 69, pending § 1450.735—49 Confidentiality of state­ This Part 1450 was approved by the a decision on a proposal issued simulta­ ments. neously with the Fourth Report and Or­ Civil Service Commission on February 2, der, to create a new class of low powered Each statement of employment and 1966. “community” or local television station financial interests, and each supplemen­ Effective date. This Part 1450 shall which would operate on the upper 14 tary statement, shall be in the custody become effective upon publication in the UHF channels. and control of the counselor and will be F ederal R eg ister. (2) Commercial assignments were not held in confidence. Information from a Dated February 15, 1966. made in cities of less than 25,000 popula­ statement may not be disclosed except as tion except where there was an existing the Civil Service Commission or the L aw rence E . H a rtw ig, station or where an active interest in Board may determine for good cause Chairman. inaugurating new UHF television broad­ shown, or as the counselor in his discre­ [F.R. Doc, 66-1760; Filed, Feb. 18, 1966; cast service had been expressed. To the tion may determine to be necessary to 8:45 a.m.] extent that such small communities have carry out the regulations in this part. been omitted, the table may be termed § 1450.735—50 Effect of statements on “unsaturated”. other requirements. 2. Shortly after the revised table was Title 5— ADMINISTRATIVE issued, Commission engineers discovered The statements of employment and an error in the computer program fed financial interests and supplementary into the computer to create the revised statements required of employees are in PERSONNEL table. The computer program is de­ addition to, and not in substitution for, Chapter I— Civil Service Commission scribed fully in Appendix D below. The or in derogation of, any similar require­ error caused the computer to obtain an ment imposed by law, order, or regula­ PART 213— EXCEPTED SERVICE tion. The submission of a statement or incorrectly high “impact” figure when Department of Health, Education, and considering the assignment of Channels supplementary statement by an em­ 15-28 inclusive and this resulted in the ployee does not permit him or any other Welfa re selection of a somewhat less efficient as­ person to participate in a matter in Section 213.3316 is amended to show signment in many cases. The lessened which his or the other person’s partici­ that the position of Confidential Secre­ efficiency was not so great as to be readily pation is prohibited by law, order, or tary to the Deputy Assistant Secretary apparent and the error was discovered regulation. for Program Coordination is excepted un­ during a study of the feasibility of manu­ § 1450.735—51 Specific provisions for der Schedule C. Effective on publica­ ally evaluating “impact” to determine special Government employees. tion in the F ederal R eg ister, subpara­ whether such a burden should be placed (a) Except as provided in paragraph graph (3) is added to paragraph (k) of on petitioners for new assignments who (b) of this section, each special Govern­ § 213.3316 as set out below. might not have access to a computer. It may be noted that the manual evaluation ment employee shall submit a statement § 213.3316 Department of Health, Ed­ was found to be an exceedingly exacting of employment and financial interests ucation, and Welfare. and difficult task. which reports: * * * * * 3. The remarkable ability of the com­ (1) All other employment; and (k) Office of the Assistant Secretary puter to examine and manipulate stored (2) The financial interests of the spe­ for Program Coordination. * * * data and to perform complex calcula­ cial Government employee which relate (3) One Confidential Secretary to thetions rapidly made it possible to assess .either directly or indirectly to the duties Deputy Assistant Secretary for Program quickly the loss in efficiency by creating and responsibilities of the special Gov­ Coordination. a completely new assignment plan after ernment employee. (R.S. 1753, sec. 2, 22 S tat. 403, as amended; the program error had been corrected. (b) The Board may waive the require­ 5 U.S.G. 631, 633; E.O. 10577, 19 F.R. 7521, 3 When compared to the plan adopted in ment in paragraph (a) of this section CFR, 1954—1958 Comp., p. 218) the Fourth Report and Order the over­ for the submission of a statement of all improvement in efficiency appeared to U n ited S tates C iv il S erv­ be slight. However, it was noted that a employment and financial interests in ic e C o m m is sio n , few additional assignments would be the case of a special Government em­ [seal] M ary V. W en zel, made to cities in the congested areas ployee who is not a consultant or an ex­ Executive Assistant to where we had been unable to find assign­ pert when the Board finds that the duties the Commissioners. ments for the table adopted in the of the position held by such special Gov­ [F.R. Doc. 66-1795; Filed, Feb. 18, 1966; ernment employee are of a nature and at 8:46 a.m.] 130 F.R. 7711, 5 R.R. 2d 1587.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2933

Fourth Report and Order. The Com­ in places “where there is a reasonable 8. Second, this proceeding remains mission weighed the disruption that expectancy that they may be used” (re­ open as to Channels 70 and above, which might be occasioned by a further revision fraining from making others until a we have proposed for use by a low-power of the plan adopted in the Fourth Report specific need arises); and we have with­ “community” type of educational or and Order against the gain of critically drawn Channel 70 to 83 from the table commercial station. NAEB and others needed assignments possible by squeez­ (except for 8 occupied or badly needed have filed comments in connection with ing additional efficiency from the spec­ assignments), proposing to use them for this portion of the proceeding, and by a trum allocated for UHF television broad­ low-power “community” stations, in­ further notice adopted herewith we in­ casting, and concluded that the revision stead of regular assignments in the table. vite parties to comment further. In par­ was worthwhile. On September 16, 1965, It is asserted that parties should be able ticular, with respect to those areas of the we announced (FCC 65-813) that a cor­ to comment on both the table for the Nation (chiefly the Northeast) indicated rected table would be issued. lower channels, and the proposed use of on Figure 1 as “Saturated” or “Scarce” 4. Meanwhile, a number of petitions the higher ones, at the same time, and as to possible additional assignments on for reconsideration of the actions taken that our failure to put the new table out Channels 14 through 69, we specifically in the Fourth Report and Order, were for rule making violates section 4(a) of invite comment as to whether regular filed. Most of the petitions either re­ the Administrative Procedure Act. As educational assignments should be made quested inclusion of a city omitted from NAEB also points out—and this may be on Channels 70 through 83, particularly the table of assignments or requested the crux of its argument, although not in places where the further notice pro­ the assignment of a channel other than advanced specifically in the context of posed such assignments and the table the channel appearing in the table. A “due process”—the table adopted in the adopted herein contains neither the as­ few were concerned with the overall as­ Fourth Report contains fewer UHF ed­ signment proposed nor a corresponding pects of the revised table. The National ucational reservations than those pro­ assignment requested by an educa­ Association of Educational Broadcasters posed in the further notice (608 com­ tional group in the State involved." (NAEB) specifically requested that the pared to 695), whereas the NAEB and Thus, any educational reservations pro­ plan itself and the philosophy used in other educational groups had requested posed in these areas in the further devising the plan be issued as a notice substantially more (as mentioned in the notice and not adopted may be pro­ of proposed rule making so that it and further notice, pars. 5-6 and 15-17, and vided for if, on the basis of the fur­ other interested parties would be af­ the Fourth Report, pars. 3-4, the further ther rule making proceedings herein, it forded an opportunity to comment with notice was issued largely in response to appears appropriate. We point out in respect thereto before a decision was requests by NAEB and other educational this connection that the “community” made to adopt it. The petition also set interests for a substantial increase in the proposal for use of these channels spe­ forth in detail objections to the table number of reserved channels over the 99 cifically contemplates their use by edu­ adopted in the Fourth Report and Order. VHF and 230 UHF channels contained cational as well as commercial stations, 5. The question of “due process”: In in the then existing table). and—since we have provided in the new connection with its request that the table 7. We do not find these contentionstable for at least one state-wide educa­ be issued as a further notice, inviting persuasive, and in our view the issuance tional coverage—other educational needs further comments, rather than as a final of a final table at this time, concerning may in many cases be satisfied by a low- table, NAEB urges that our action adopt­ channels 14 through 69, is not only ap­ power station of the “community” type.3 ing a final table “offends procedural due propriate but much to be desired. We 9. Third, in our view all parties here­ process in that there was no adequate reach this conclusion for a number of in have had adequate opportunity to notice of either the terms or substance of reasons. First, as mentioned by NAEB express their views, which have been the proposed rule.” For practical pur­ and above, with respect to much of the thoroughly considered in arriving at our poses, this portion of the UHF allocation country (though not all) the table is not decision herein. The NAEB has been proceeding dates from the further notice a “saturated” one, but a framework of active at/ all stages of the proceeding, in­ of proposed rule making released herein assignments designed to meet apparent cluding activities leading to the further on October 28, 1963 (FCC 63-975, 28 F.R. needs for the present and near future, to notice, comments and reply comments 11738), proposing a new UHF table of which other assignments on channels 14 herein with respect to the table, the peti­ assignments. Therein, as NAEB points to 69 may be added in response to other tion for reconsideration under discussion, out, we stated our belief that a table is needs which may develop. Attached and comments and an opportunity for the best manner in which TV assign­ hereto is a map (figure 1) la showing the further comments with respect to the use ments can be made, and the best way general state of the availability of addi­ of Channels 70 and above. Under these of making provision for future needs tional assignments on these channels circumstances, we do not conceive that which are not yet ripe for expression in throughout the country (see paragraph either departure from certain concepts application form, such as the needs of 12, below, and Appendix D, par. 13). It which may have been involved in the smaller communities and the develop­ can be seen that in much of the country further notice, or failure to make as ing educational service. As we stated in considerable potential for further assign­ many educational assignments as pro­ the Fourth Report and Order, the table ments remains. Thus, for most of the posed in that document, require holding proposed in the further notice was a country our decision herein not to in­ the proceeding open longer, except as in­ saturated version of the then-existing clude a particular community does not dicated above. We point out in this con­ UHF table. In the Third Report and necessarily represent a decision that it nection that section 4(a) of the Admin­ Order subsequently issued herein (29 F.R. does not merit an assignment, but simply istrative Procedure Act requires not a 9666, 2 R.R. 2d 1701, FCC 64-635, re­ that we are postponing a decision in this leased July 10, 1964) we stated that respect until we can be reasonably cer­ 2 As stated in the further notice adopted resolution of the proceeding would be tain that such an assignment represents herewith, we will consider similar action with delayed pending reexamination of TV an actual need and would serve the pub­ respect to possible regular commercial as­ allocations philosophy and objectives; lic interest. In this connection, as men­ signments at Pittsburgh and San Diego, and that if such a study “results in a where the further notice proposed more UHF tioned in the Fourth Report and Order channels than are assigned in the new table substantial shift in assignment prin­ (par. 16) and in Appendix D hereto, the and commenting parties expressed an inter­ ciples, all interested parties will be af­ computer affords the Commission a tool est. forded an opportunity to express their by which any proposed assignment may 3 As stated in paragraph 59, below, in the views.” be evaluated as to its impact on any present state of the art there is not enough 6. NAEB asserts that such a shift has other possible use of the same or tech­ difference between the lower and higher UHF taken place in the Fourth Report and nically related channels. We will make channels (as there may have been earlier) to that therefore the Commission is bound such an evaluation in connection with warrant assignment of lower as opposed to to continue the rule making to afford higher channels, either for individual assign­ any proposal to change the table, and ments or for classes of stations, if overall the opportunity mentioned. In partic­ thus provision for “needs not yet ripe assignment efficiency would be impaired. ular, it is asserted, we have abandoned for expression” may be assured. This is particularly true in view of the grow­ the principle of “saturation” in favor of ing demand for UHF assignments. See a “limited framework of assignments” la Map filed as part of original document. F o u rth Report, Par. 21.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2934 RULES AND REGULATIONS notice as to the text of the proposed the corrected table of assignments for th,e purpose of reserving them for rules or even their substance, but notice adopted herein. possible future use. To make such as­ as to the terms or substance or “the sub­ 12. The computer program used by signments would destroy the flexibility jects and issues involved." Deviations the Commission provides us, for the first that we are attempting to maintain and from or additions to the rule changes time, with accurate information as to seriously impair the efficiency that we proposed in the notice may be made unassigned channels which may be avail­ hope to realize. It is for this reason without further rule making, consistent able to meet future demands. In de­ that we intend to insist that requests for with law. Owensboro on the Air, Inc., v. signing the plan adopted herein we have additional assignments be accompanied FCC, 262 F. 2d 702,18 R.R. 2001 (C.A.D.C., made assignments to meet the minimum by an adequate showing that the peti­ 1958). Under these circumstances the foreseeable needs of educational and tioner is prepared to proceed promptly proceedings here have met the required commercial interests. Even this modest with the construction and operation of standard. goal has used virtually all possible as­ the requested facility if authorized to 10. Fourth, we do not believe that the signments through Channel 69 in sub­ do so. This does not mean that we will public interest would be served by with­ stantial areas where population density grant all such requests. Additional as­ holding final action with respect to the is high, and has created a scarcity of signments will be made only where we new table. NAEB, in a reply to opposi­ channels in surrounding areas. The map can determine that there is an actual tions to its petition for reconsideration, in Figure 1 attached hereto gives a gen­ public need. Such needs will be weighed suggests that while withholding final ac­ eral picture of remaining unassigned against possible future needs which may tion pending further comments we accept channels below Channel 70, after the as­ be affected by the loss of assignments. and act on applications for channels in signments contained in the table adopted In cases where the loss of potential as­ the new table, with grant being subject herein, have been made (see Appendix signments appears to be significant, apy to change in channel but the Commis­ D, paragraph 13). Additional assign­ notice of proposed rule making will pro­ sion to state that it will endeavor to avoid ments on these channels for cities in the vide information as to the possible im­ such changes where construction has ad­ “saturated" areas are virtually nonexist­ pact of the assignment, so that all in­ vanced to the point where they would ent, although it may be possible to find terested parties may make known their entail substantial expense to the per­ a few scattered locations where addi­ views. mittee or licensee. We have followed tional assignments, meeting the required 15. Discussion of the petitions for somewhat the same policy in this pro­ geographic separations, can be made. reconsideration: As mentioned above, ceeding up to now, and it has presented Additional assignments are scarce for most of the petitions for reconsideration problems, both administratively and with cities in the areas so labeled. We do of the Fourth Report and Order have respect to the uncertainty caused to ap­ not foresee serious problems in the areas been entirely or largely satisfied by our plicants (e.g., where there are two appli­ labeled “adequate" and “plentiful" al­ actions herein, either by the addition of cants in a city, how many channels will though shortages may develop in a few a city not included in the table adopted ultimately be assigned and who will ulti­ individual cities if demands exceed our with the Fourth Report or because, op­ mately get which). Such uncertainty is expectations. For these reasons, since erating under the corrected program, the not conducive to prompt development of efficiency is generally important and computer selected a lower channel sim­ needed UHF service. We do not believe often crucial, we have not attempted to ilar to that requested, as an efficient as­ there is sufficient reason to delay adop­ comply with requests for low-numbered signment for a city which had been given tion of a final table to warrant continu­ UHF channels as such. In many cases a higher assignment. Some of the peti­ ation of these conditions. For the fore­ the computer has found lower numbered tions warrant discussion, both because of going reasons, NAEB’s request that we channels to be the most efficient, but in the arguments urged and because the not adopt a final table now is denied. cases where this is not true, the arbitrary discussion will clarify the Commission’s 11. Other petitions for reconsidera­ selection of a low numbered channel at position with respect to the principles tion, generally: Of the other petitions for even a slight loss in efficiency would involved which will govern future ac­ reconsideration, some raise the point worsen the situation depicted in the map tions, and may prevent the filing of un­ concerning lack of notice mentioned and of Figure 1. necessary requests. We deal first with disposed of above. Others, raising other 13. If the channels between 70 and 83 petitions seeking commercial assign­ matters warranting discussion, are dis­ are included in the assignment plan, ments and then with petitions by edu­ cussed below. Most of the petitions re­ additional assignments would become cational groups. quest either an assignment at a city not available in the saturated areas and the 16. Newport Dunes Hotel, Newport listed in the Fourth Report table, or a scarcity in adjacent areas would be re­ Beach, Calif., requests the assignment of lower channel than that assigned. Most lieved somewhat. As mentioned above, a commercial television channel to of these have been satisfied either by the we will specifically consider this in cer­ Orange County, Calif., and offers in sup­ addition of certain cities in the corrected tain connections. But if such assign­ port of its request statistics concerning table adopted herein, where that was ments are reserved for low power oper­ the size, growth and future prospects of possible, or by the assignment of a lower ation, geographic spacings may be re­ that county.4 However, it makes no rep- channel where the computer operating duced and three to four times as many presentations that it or any other pro­ under the corrected program found the stations can be accommodated as com­ spective applicant is prepared at this lower assignment to be of the same or pared to assignments made at the longer time to construct and operate a new UHF more efficiency as the assignment in the spacings used in the rest of the band. television broadcast station in that area. Fourth Report. The petitions are listed The increased assignment possibilities Remaining available assignments are ex­ in Appendix B below. It should be prompted our proposal to create a new tremely scarce in the Southern Califor­ added that where we have made changes class of local or “community” commer­ nia coastal area and future need for an pursuant to such petitions, it has been cial or educational television station, on additional UHF assignment is likely to done on the basis of representations these channels. There may be circum­ arise in any one of several cities in that that the parties are prepared to prompt­ stances where individual stations lack area. The arbitrary selection of a spe­ ly file applications for authority to con­ the need and the economic support for cific city for an assignment which might struct and operate new UHF television high powered operation and such opera­ or might not be used would destroy the broadcast stations and if awarded au­ tion on channels spaced for high powered flexibility remaining in that area and thorizations will proceed diligently with operation is wasteful. To the extent low could seriously impair the efficiency of such construction and operation. Fail­ powered operation can be segregated as the plan. If the proposed rules for local ure to do so may result in the removal proposed, it will be possible to make even or “community” TV stations are adopted of the assignments to restore flexibility more efficient use of the spectrum avail­ to the table. The provision of a sub­ able for television broadcasting. 4 The further notice proposed no UHF as­ stitute channel or failure to provide an 14. The realization that available signments in Orange County. In response to assignment as requested does not prej­ UHF channels are becoming scarce in numerous requests the new revised table con­ udice the right of such parties to request some areas becomes a temptation to re­ tains one educational reservation in the assignments or changes compatible with quest the assignment of channels merely county.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2935 the needs may be met in that service. If quests oral argument before the Com­ versely affected by such competition. such rules are not adopted we will restore mission en banc, on the basic policy ques­ Continental Gateway has not made an the upper 14 UHP channels to the plan. tions raised by the Miami assignments. adequate showing that such will be the 17. The Chicago Federation of Labor The petitioner claims that although the case in Miami. We fail to see how oral and Industrial Union Council, one of Miami market is ranked only 24th by argument before the Commission, en two competing applicants for Channel 38 ARB and 25th by population, it will have banc, could develop any more factual at Chicago, requests that we reverse the more UHF assignments than any other information than is contained in the Fourth Report action exchanging Chan­ market in the United States and if all numerous pleadings already filed with nels 38 and 50 between Chicago and of the channels are occupied, it will have the Commission by the petitioner. Gary, Ind., and return 38 to Chicago. more television stations than any other Therefore, the request for reconsidera­ The table adopted herein takes this ac­ market except New York, Los Angeles, tion of the number of assignments made tion, not on the basis of petitioner’s re­ Chicago, and San Francisco.5 It is al­ to Miami and continued in the cor­ quest but because the exchange was in leged that unrestricted economic war­ rected table set forth herein, and the error. In order to give the computer fare and the struggle for survival will request for oral argument, are denied. freedom to choose the unoccupied chan­ result in fragmentation of the available 21. For the same reasons, we have nel which would give maximum effi­ audience and division of available ad­ reached the same conclusion as to two ciency, it was given originally a choice vertising revenue and this in turn will petitions filed against our action in the between Channels 14, 38, and 50 for Chi­ result in the ultimate destruction of UHF Third Report and Order assigning a cago. It selected Channel 14 for Chi­ television broadcasting service. Tele- third commercial UHF commercial chan­ cago and 38 for Gary. However, it is Americas Corp. of Florida filed a state­ nel to Yakima, Wash, (filed by Cascade the Commission’s policy not to assign ment in opposition to the petition of Broadcasting Co. and Columbia Empire Channel 14 in any of the six or seven Continental Gateway, pointing out that Broadcasting Corp., the licensees of the largest metropolitan centers of the coun­ it had requested the addition of a com­ two Yakima commercial UHF stations). try because of serious potential inter­ mercial UHF channel to Miami on Octo­ The same parties filed oppositions to the ference from nonbroadcast services, dis­ ber 16, 1964, so that it might apply for requested new assignment which were cussed below. This left Channel 50 for authority to construct and operate a new considered in the Third Report, and Chicago, the assignment contained in the UHF television broadcast station in nothing of substance is added in their Foqrth Report and Order. However, Miami. The proposed station would be petitions for reconsideration. It is urged the computer was subsequently given a programed primarily in the Spanish lan­ that we should defer making this as­ choice between Channels 38 and 50 for guage to serve the large Spanish-speak­ signment until the conclusion of the Chicago and picked 38 as the most effi­ ing population of the Miami area. Tele- proceeding, including the proposed use cient; this assignment is contained in Americas asserts that Continental Gate­ of Channels 70 to 83; but there appears the new table and Channel 50 is assigned way filed an opposition to that petition no reason why this should be done. As to Gary and reserved for education. St. on November 20,1964, and has since filed we pointed out in the Third Report, “In John’s School, applicant for an educa­ pleading after pleading, each of which view of the fact that central Washington tional UHF station in Lake County, Ind., constitutes another variation of the State is not a particularly difficult as­ may now amend its application to specify theme that the private financial inter­ signment area, the action taken herein Channel 50 instead of Channel 38 (it had ests of Continental Gateway should be should have no significant effect on such first requested Channel 66). protected from additional competition. overall UHF plan as may ultimately be 18. The potential interference men­ Tele-Americas states that it is now pre­ adopted.” Another contention—that the tioned arises from the mobile communi­ paring an application for a new UHF party seeking the additional UHF assign­ cations services operating in the fre­ television station in Miami and urges ment at Yakima (Sunset Broadcasting quency range immediately below Chan­ that we again reject the contentions of Co.) is not financially qualified—is both nel 14. In most of the country this band Continental Gateway. speculative and irrelevant to a rule mak­ is not used extensively but in the densely 20. We are not impressed by the argu­ing proceeding, where the question is populated areas where demand for com­ ments of Continental Gateway. Al­ whether a channel should be assigned munications channels is extremely great though it has held a construction per­ to a community, not the qualifications it is heavily loaded. The average TV mit for a new UHF television broadcast of a particular potential applicant. We receiver tuned to Channel 14 is not suffi­ station in Miami since September 16, note in this connection that there are ciently selective to prevent their signals 1964, it has not constructed and operated now three applications for the new causing widespread and destructive in­ the authorized facility and has no au­ assignment. terference to reception on that channel. dience to be fragmented. The goals dis­ 22. Petitioner Cascade calls our at­ While selectivity could be improved with cussed in the Fourth Report and Order tention to the fact that a CATV system the installation of “traps”, this would were minimum objectives, not maximum, is about to commence operation in Yak­ mean additional expense to the home and the fact that Miami was given more ima, which, it is asserted, will increase viewer and a concomitant handicap to a UHF assignments than other large cities the dilution of audience and work an Channel 14 station. This is a problem resulted from its geographical location, additional hardship on the two existing only in a few large cities, as mentioned. surrounded on three sides by large water stations (as of July 1965 this system, In these cases as elsewhere we are re­ areas with no channel requirements, while planned, was not yet in operation). luctant to make allocations decisions which puts it in a relatively “loose” as­ We do not find merit in this argument turn on the matter of interference which signment area. The substantial invest­ insofar as it would lead us to refrain can be corrected; but in view of the small ment required for the construction and from making an assignment otherwise number of situations involved the loss operation of television broadcast stations in the public interest. The existence or in efficiency is minuscule and adoption tends to discourage unwise risks and sta­ nonexistence of CATV service cannot of this principle appears appropriate. tions are not likely to build unless there be the basis of regular TV channel al­ Here, for example, since Channel 14 will is reasonable prospect of adequate fi­ locations, since, as we have emphasized not be assigned to Chicago and could not nancial support, and we have recently in our recent intensive consideration of be assigned to Gary because of short made stricter the financial showing re­ CATV problems, this service should be spacing to Elkhart, Ind., it becomes quired before a new UHF station will be a supplement to, rather than a replace­ available for use at Joilet, 111., and pur­ authorized, particularly in a 3-VHF mar­ ment for, the regular broadcast service suant to a request is being assigned ket. It is not our function to place arti­ available to all. This is especially true, there. ficial restraints upon competition unless as we have repeatedly pointed out, be­ 19. Continental Gateway Television cause CATV’s by their nature are limited Corp., permittee of WGMF-TV, Channel the overall public interest will be ad- to serving fairly heavily built-up areas 33, Miami, Fla., requests reconsideration and cannot be expected to reach lightly of the Fourth Report and Order to elimi­ 5 The Fourth Report table and the tablesettled rural areas. nate the “proliferation of UHF assign­ adopted herein both assign 4 commercial 23. In sum, we reaffirm our conclusion UHF channels to Miami and one to Fort that the assignment of a third commer­ ments” in the Miami market and re- Lauderdale. cial UHF channel to Yakima is appro -

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2936 RULES AND REGULATIONS priate and in the public interest. While cities in which television channels are rive from several directions simultane­ (as petitioners point out) that city is in needed, the probability of finding a city ously. This latter condition may render the population bracket (slightly less than at or near the minimum required co­ the directive receiving antenna prac­ 50,000) which usually receives two as­ channel geographic separation is directly tically worthless as a devicé to control signments, as we pointed out in the fur­ proportional to the required separation. interference. It is unrealistic to expect ther notice this is not a rigid criterion. If the separation is réduced the probabil­ such care in the purchase, installation In view of Yakima’s importance as a ity is likewise reduced. Consequently, and maintenance of a complex receiv­ regional center and its relatively remote the average separation between assign­ ing antenna installation for home view­ position with respect to large metropoli­ ments on the same channel will decrease ing as would make this a feasible basis of tan centers (it is over 00 miles from Ta­ at a much slower rate than the reduc­ making assignments. coma and Seattle, and further from tion in required separation and the in­ 28. Cross-polarization has not been Spokane) we conclude that provision of crease in potential assignments will be shown to be useful as a general broad­ a third commercial assignment is well substantially less than linear. cast assignment tool. Under ideal con­ merited. These petitions are denied. 26. There is no substantial experi­ ditions a substantial degree of discrim­ 24. Petitions by educational groups: mental data to support the claim that ination between differently polarized Three petitions by educational groups— the required “taboo” separations can be signals can be realized by this technique. NAEB, the Georgia State Board of Edu­ eliminated or reduced. As a matter of Its effectiveness depends upon the purity cation (Georgia Board) and the Joint fact, studies by TASO in this area led to of the original polarization when the Council on Educational Broadcasting the conclusion that the “taboos” should signals reach the receiving point. (JCEB) urge general objections to the be retained. Furthermore, as we pointed Conditions are seldom ideal around principles and details of the Fourth Re­ out in Paragraph 11 of the further notice, typical home receiving locations and port and Order. Engineering argu­ the impression that elimination of the fields are so badly disturbed that the ments: We deal first with the engineering “taboo” separations will substantially in­ polarization becomes almost random. arguments advanced by Georgia Board, crease the number of assignment possi­ Even under ideal conditions, the receiv­ which in its comments sought an across- bilities is erroneous. Extensive studies ing antenna must be carefully designed, the-board reservation of 30 UHF chan­ have been conducted by . Commission installed and maintained. This is an nels for ETV use to provide 6-channel engineers and it has been determined unreasonable burden to place upon the statewide coverage, and urged that by that the capacity of each TV channel in general public. Furthermore, most of various engineering techniques we could terms of total number of assignment the man-made impulse-type electrical make an adequate number of commercial possibilities is limited almost exclusively noise which affects television reception assignments on the remaining UHF by the required cochannel separations. is vertically polarized and television channels. It is urged that we reject On any “saturated” channel, the re­ broadcast stations forced to operate in this request, and the engineering con­ quired “taboo” separations resulting that mode could suffer a disadvantage. cepts involved, “out of hand,” without from assignments on other channels fall 29. Reduction of aural power cannot due consideration. within the limits of the required cochan­ be seriously considered as a technique 25. The Georgia Board engineering nel separations on the channel under for reducing cochannel or adjacent proposals, which were filed as comments study. In virtually all cases, a channel channel geographic separations. The in the original proceedings in this docket, which cannot be used in one city because Commission’s rules now provide for were not discussed in detail because they of “taboo” restrictions, can be used in operation with aural power from 10 to contained nothing novel. They merely another city in the same general area 20 percent of visual power, and any cited certain well known engineering and is, therefore, not “lost.” Proposals further reduction would be impractical. facts; i.e., by reducing the required co­ to eliminate the “taboo” separations 30. The engineering showing origi­ channel geographic separations and have been based on securing assignments nally submitted by the petitioner and eliminating most of the required separa­ in specific cities, not in improving the discussed above was carefully considered tions on the so-called “taboo” channels, overall/capacity of the channels. Noth­ along with all other comments in this more assignments could be made on each ing in petitioner’s showing persuades us proceeding, and found lacking sufficient channel. It was proposed to control the that our conclusion in the further notice merit to warrant the proposed changes interference which would inevitably re­ to retain the “taboos” should be changed. in our assignment éngineering principles. sult from the reduction in separations, 27. Experience has shown that'the di­ The Commission has stated before and by using precise offset, reduced aural rectional properties of television receiv­ reaffirms that it will not divert large power, cross-polarization, directive re­ ing antennas cannot be relied upon for numbers of television broadcast chan­ ceiving antennas, etc., all of which have interference control so that the geo­ nels for multichannel instructional been proposed many times before and graphic separation of television broad­ television. In passing, we point out which have been rejected because they cast stations can be reduced. In order to that in the case of Georgia, the table have been found wanting. Precision off­ be effective, such an antenna must be adopted herein makes all the educa­ set is costly and the claimed improve­ carefully designed, adjusted, and in­ stalled by competent engineers. Con­ tional assignments proposed in the ments in interference control have never further notice, plus three additional been realized in actual on-the-air tests.® ventional home TV receiving antennas Furthermore, drastic reductions in co­ are usually intended for reception of all ones. channel station separation create a prob­ channels and their directional charac­ 31. “Flexibility”. NAEB has attacked lem of offsets for the second ring of sta­ teristics vary from channel to channel. the geographic “flexibility” used in the tions, a problem which is not significant Even when they possess the desired di­ development of the plan adopted in the with our present separations. The engi­ rective properties, their construction is Fourth Report and Order and carried neering statement of the petitioner not sufficiently rugged to maintain the forward in the corrected plan adopted claimed that the number of additional original properties under the assault of herein, as wasteful and inefficient. The assignments which can be made is ap­ the elements. Unshielded transmission use of geographic flexibility and the at­ proximately proportional to the reduc­ lines are normally used and such lines tendant reduction in efficiency is one of tion in required cochannel geographic frequently respond to unwanted signals. the penalties of a preplanned table of Directive receiving antennas rely heavily assignments. Television broadcast sta­ separations. This can be shown to be a tions are required by rule to meet cer­ fallacy and a number of studies by the upon careful orientation in a predeter­ mined direction for best response to a tain geographic separations in order to Commission have confirmed that it is. wanted signal and in many cases must prevent destructive interference between Because of the random distribution of be oriented in a different direction to stations on the same channel and on a reject unwanted signals. Compromises number of technically related channels. * In 1961, in Docket 13340, th e Commission are not always satisfactory and in some Where the exact transmitter location is rejected precision offset and directional re­ known, as in the case of applications ceiving antennas as a basis for reducing VHP cases may be impossible. A great many separations. See report and order in Docket home viewers live in locations where the these distances can be determined accu­ 13340, PCC 61-994, 26 P.B. 7288, 21 R.R. 1695, desired signals and undesired signals rately and assignments made at or very paragraph 19. may “bounce” off various objects and ar­ near the required separations. In a pre-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2937 planned assignment table, many assign­ them), and notes our reference thereto unfair when as many as 9 commercial ments are made for future use where in Paragraph 12 of the Fourth Report, channels are assigned), and it is said there is no advance knowledge of trans­ followed by our observation that we had that apparently the Commission is “pre­ mitter sites which might be used. Thus, provided multiple services in all areas paring a low power limbo in Channels such a table must take into account the and outlets for the three national net­ 70-83 to accommodate the massive possibility that available land, local zon­ works, a possible fourth network, and needs” of ETV. ing requirements and aeronautical haz­ independent stations, in most of the top 35. As to the NAEB petition, two of ard considerations might limit the choice 75 markets. Asserting that we thus ap­ its main lines of contention have already of sites in any direction around the city pear to believe that 307(b) requires three been discussed. Its other two general listed in the table. This is done by using or more separate commercial services areas of argument—objection to the a reference point in the city for the where possible, Georgia Board asks why adoption of an “unsaturated” table with computation of distance and then mak­ the same statutory provision is believed fewer assignments (said to be inferior to ing the assignments at somewhat more not to require more than one educational its own plan) and to the limitation to than the required minimum geographic service. Our failure to provide more two ETV assignments in any city—are separation. The reference point used in ETV outlets in the larger cities is at­ discussed below. the city is Usually the location of the tacked; it is inquired why in our effort 36. We deal first with what appears to main post office. Main post offices were to '“balance equitable educational and be Georgia Board’s suggestion (at least chosen because every city or town likely alternative community interests in the by implication) that our failure to make to be included in a table of assignments disposition of broadcast channels” we more educational reservations violates will have a main post office. found it important to give large cities section 307(b) of the Act. We cannot 32. If assignments could be made at five or six commercial channels but no agree. There is nothing in the back­ exactly the required geographic sep­ more than two (and usually no more ground, language, or subsequent appli­ aration the greatest number of assign­ than one) educational channels—a pol­ cation of this statutory provision to indi­ ments on each channel could be realized. icy said to reflect that our'“primary in­ cate that it is intended to pertain to the However, cities are not so ideally spaced terest is to provide for commercial sta­ distribution of facilities as between sta­ and most assignments are at more than tions.” 7 It is said that our reliance on tions rendering different types of pro­ the minimum separation. This reduces the new Instructional Television Fixed gram service.8 Rather, it relates to the the efficiency of any plan and when the Service (ITFS) to take care of many of distribution of facilities as among the separations are lengthened to provide the needs of educators for television is several states and communities, and is flexibility in the future selection of misplaced, since (aside from economic designed to insure that one is not favored transmitter sites the inefficiency is in­ and technical problems) this service at the expense of another. Conceivably, creased. A preplanned assignment plan cannot provide valuable out-of-school it could be argued that where part of a is thus a compromise between maximum educational programs. As to the failure service is set aside for educational use, as possible efficiency and complete freedom to make educational assignments in under the TV channel reservation prin­ in the choice of transmitter sites. communities of less than 25,000 popula­ ciple, the distribution of channels within NAEB provided a minimum of only 2 tion except to provide one state-wide that part, among the various states and miles of flexibility in its plan between coverage (and for existing stations and communities, does become a matter of Unused assignments and existing sta­ applicants) it is asserted that this rep­ “307(b)” concern. But there is nothing tions and 4 miles for pairs of unused resents an erroneous conclusion that to indicate—and Georgia Board does not assignments. In our experience, most generally one educational service is claim—that Georgia or any other par­ television transmitter sites are more than enough, which ignores the need of per­ ticular state or community has been dis­ 2 to 4 miles from the main post office sons in smaller places and isolated areas criminated against in this respect. More­ location and such limited flexibility is for a choice of educational as well as over, even assuming that section 307(b) inadequate. In the plan adopted in the commercial services (particularly since did apply, we consider our actions with Fourth Report and Order and corrected often they have fewer alternatives to respect to educational reservations fair herein, we have provided at least 10 television than persons in large cities). and equitable, taking into account all of miles of geographic flexibility for co­ It is urged that these needs cannot be the pertinent circumstances, for reasons channel assignments and at least 5 miles met by the proposed low-power “com­ discussed below. for the technically related channels on munity” type of station, limited in serv­ 37. As mentioned, we believed that the all but a few assignments in congested ice area, and that the economic factors provision for educational channels made areas where it was necessary to go be­ which may justify withholding regular in the Fourth Report, with a few addi­ low those mileages in order to make commercial assignments in such places tions made in the present table and badly needed assignments. In no case do not apply to ETV. with the opportunities for further assign­ have we deliberately gone below the re­ 34. JCEB, asserting that it now ap­ments which are provided, represents a quired minimum separations. The like­ pears that again (as in 1952) educators fair, equitable, and appropriate balanc­ lihood of assignments being rendered will not receive their fair share of chan­ ing of educational and commercial needs. unusable either due to encroachment by nels, attacks our action as “a major blow Of the 1,098 UHF assignments made in other TV stations or lack of availability to the cause of educational television and the conterminous 48 States (Alaska, of a suitable site is substantially less in education generally.” Particularly, Hawaii, and Puerto Rico were not in­ a plan based upor the geographic flex­ JCEB argues against the failure to adopt cluded in this proceeding) nearly half— ibilities provided in our plan than in the a “saturated” table—and thus providing 508—are reserved for educational use. extremely limited flexibility provided in fewer total assignments and fewer res­ While we have not made assignments in the NAEB plan, and in our view this ervations—as a departure from the res­ every small community where one has compensates for the slight loss of effi­ ervation principle which is of such vital been sought by educational interests, we ciency caused by the greater flexibility. importance to educators (it is asserted have selected a pattern of cities such 33. Other arguments of Georgia that they will be encouraged to establish Board, JCEB and NAEB. All of these facilities only if they are assured that Parties attack the Commission’s failure 8 When Congress adopted the Communica­ assignments will be available when funds tions Act in 1934, in addition to section 307 to make more educational assignments become available, so that the struggle to (b) it enacted section 307(c), directing the in the table adopted in the Fourth Re­ obtain economic support will not have Commission to study and report on a pro­ port; a wide variety of arguments are been in vain). Objection is also lodged posal that Congress by law allocate fixed per­ advanced in this connection. Georgia against the provision of no more than centages of broadcast facilities to particular Board’s argument starts with reference two assignments to any city (said to be types of nonprofit programs or groups. The to section 307 (b) of the Communications Com mission’s 1935 report on th is was nega­ Act (requiring the Commission to dis­ tive. There has, of course, never been a tribute facilities, frequencies, etc. among 7 The specific example given is Washington, reservation in the standard broadcast service, D.C., given only one reserved channel in the which then and for several years thereafter the several States and communities so as Fourth Report table. In the corrected table was the only broadcast medium (the reserva­ to provide a fair, efficient and equitable now adopted, Washington is assigned two tion of channels in FM and TV dates from distribution of radio service to each of reserved channels. 1945 and 1952 respectively).

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2938 RULES AND REGULATIONS that, if all of the assignments are used (Sixth Report and Order in Dockets tion systems, are expected to take care by stations operating with reasonably 8736 et al., issued April 14, 1952, para­ of many of the needs of these interests. high power, at least one educational graph 49): - If all of the channels allocated for tele­ service will be available to all of the peo­ It must be remembered that the pro­ vision broadcasting were reserved for ed­ ple from a station within their own vision for noncommercial educational televi­ ucational use they would not be sufficient State. Some 250 communities have re­ sion stations does not relieve commercial to meet the total requirements of edu­ served assignments only. We have pro­ licensees from their duty to carry programs cational interests. Television broadcast vided two educational channels in 43 of which fulfill the educational needs and serve stations are intended to serve the general the major metropolitan centers, with the the educational interests of the community public. The transmission of classroom in which they operate. This obligation ap­ instruction, course material to enrolled expectation that the need for educa­ plies with equal force to all commercial tional and cultural programing for the licensees whether or not a noncommercial students, training material for persons general public will exceed the capacity of educational channel has been reserved in engaged in business or professional oc­ a single educational channel. Since the their community, and similarly will obtain cupations, and similar subject material need for television for multichannel in­ in communities where noncommercial edu­ contributes little to the choice of pro­ school instructional use may be met by cational stations will be in operation. grams available to the general public, the new and rapidly growing Instruc­ We have not changed our views on this and the diversion of broadcast channels tional Television Fixed Service, we have subject. In the 1960 Program Policy to such uses not only deprives the gen­ not attempted to provide multiple edu­ Statement educational programs were eral public of cultural and educational cational broadcast channels in individual listed as one of the types of programs broadcasting but also limits the avail­ cities for such use. usually necessary to meet the needs of ability of channels for commercial 38. The arguments as to the insuf­ the broadcaster’s community. (See broadcasting. We are aware that many ficiency of the reservations rest largely “Report and Statement of Policy re: educational broadcast stations in opera­ on a false assumption—that educational Commission En Banc Programing In­ tion today do engage in such nonbroad­ and cultural television is exclusively the quiry,” released July 29,1960, 25 F.R. 729, cast activity and by so doing secure the province of noncommercial educational 20 R.R. 1902). economic support needed to permit even stations operating on reserved channels. 41. Educational television broadcast limited cultural and educational broad­ This assumption is false for two reasons: stations have a concomitant obligation. casting. We permit this because we are (1) It ignores the existence of noncom­ It is obvious that there are not a sufficient vitally interested in the ultimate devel­ mercial ETV stations on nonreserved number of channels either reserved or opment of educational television into a channels and the possibility of. more unreserved to provide every college, uni­ true broadcasting service. We look for­ such operations; and (2) it assumes that versity, and public or parochial school ward to the day when educational broad­ commercial stations do not present pro­ system with a private broadcasting casting stations will not have to rely graming of this type. channel. The channels reserved for largely upon revenue obtained in pay­ 39. As to the first point, it must be educational use are intended to serve the ment for classroom instruction. borne in mind that while educational educational and cultural broadcast needs 44. NAEB and Georgia Board do not channels (“starred” in the table) are of the entire community to which they share our confidence in the Instructional reserved for education, nonreserved are assigned. All parts of the educa­ Television Fixed Service as a classroom channels, usually called “commercial,” tional community can contribute some­ teaching tool. NAEB dismisses this im­ are not reserved for commercial use but thing to that goal. If educational portant service with the assertion that are equally available for use by ETV sta­ broadcasting is to take its rightful place “its usefulness is limited to relatively tions. The reserved status of the in the overall broadcasting system, some small school systems or one or two “starred” channels protects them from form of cooperative use of educational schools operating cooperatively.” A commercial applicants even though the channels must be worked out. number of public and parochial school demand for additional commercial chan­ 42. As mentioned in the Fourth Report systems apparently do not share the nels may be great. The unreserved and Order (paragraph 12), in assigning opinion held by NAEB and are either channels are not protected and may be nonreserved channels we pursued and planning or actually constructing ITFS sought by either educational or com­ achieved various objectives—provision of systems to serve several hundred indi­ mercial interests. There are at least a choice of program fare to all parts of vidual schools in a single school district. half a dozen ETV stations operating on the country, provision for the three na­ The service was created to provide unreserved channels, and several others tional networks and a possible fourth multichannel operation for the trans­ have gone into operation on such chan­ network in the larger markets, provision mission of instructional, informational, nels and later secured their reservation for one or more independent stations in and training material to selected receiv­ when it became clear that the channel the great majority of the top 75 markets, ing locations in schools, places of as­ would be used entirely for noncommercial and provision for local outlets in a large sembly, business establishments, offices educational broadcasting. In the 1963 number of other communities of more and even private homes. The service,is further notice (paragraph 20) we ex­ than 25,000 population. All of these in not designed for casual reception by the pressed the view that no more than two our view are important objectives. The general public since special equipment channels should be reserved in a single provision of an adequate number of is required to receive the 2500 Mc/s city, and it is still our considered judg­ channels reserved for education had to signals and convert them to regular ment that this is the largest number television channels so that they may be be fitted into the total picture of possible displayed on conventional television re­ which should thus be withdrawn from needs, and—bearing in mind the possi­ open competition. ceivers. bility of further assignments both on 45. As mentioned above we still have 40. As to the second point, commer­ Channels 14 to 69 and on the higher cial stations present to a substantial ex­ under consideration and invite further channels—we believe the result reached comments as to the most appropriate tent—and in fact have an obligation as between reserved and unreserved to present—programing of a cultural and use of Channels 70 through 83, includ­ assignments is an appropriate one. ing “community” low-power educational educational character. In 1935, in re­ 43. NAEB argues that only two re­ porting to Congress its opposition to a or commercial assignments, further reg­ served channels in the larger cities are ular educational assignments, or per­ proposal to assign by law a certain per­ insufficient to meet the requirements of haps both (see the further notice of pro­ centage of broadcast facilities for use by educational interests for providing in­ posed rule making adopted today). nonprofit groups, the Commission em­ structional, training and broadcasting This is not the “low-power limbo” that phasized the extent to which the needs service. We agree. It is our purpose in JCEB apparently considers it. Rather, of such groups could be served by having this proceeding to provide to the extent the proposal for low-power operations access to commercial stations. In dis­ possible for the broadcasting needs of on these channels is directed toward cussing the television educational reser­ educational interests. Private radio improving the efficiency of UHF channel vation in the Sixth Report and Order in services such as the Instructional Tele­ utilization by providing a place for 1952 we again emphasized this obliga­ vision Fixed Service and the Business educational and commercial interests tion of the commercial broadcaster Radio Service, along with wired distribu­ which lack either the need or the means

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2939 to operate a high-powered station. become necessary as the result of popu­ and the lack of a dependable guide to The total number of stations which may lation shifts, changing economic factors, future planning. Entrepreneurs con­ be accommodated by this means is and other unforeseen developments. If templating a future venture into tele­ substantially greater than the total the need for an assignment fails to ma­ vision broadcasting are often guided by number of assignments which could be terialize, and it is not possible to shift the listing of a city and assignment in made if all channels were allocated for the assignment to some other place the table of assignments. The Commis­ high power use. where it will be used, that channel be­ sion has used both methods in adminis­ 46. The question of “saturation” and comes a total loss. In areas where the tering the various broadcast services. the NAEB Plan. JCEB and NAEB demand for channels is likely to exceed 51. In the assignment plan adopted in~ strongly attack the Fourth Report Table the supply, such losses are to be avoided the Fourth Report and Order and cor­ (which in this respect is substantially if at all possible. rected herein, we have attempted a com­ the same as the table adopted herewith) 49. NAEB implies that a “saturated” promise between the two approaches in for its lack of “saturation”, the inten­ plan is the only way to insure that chan­ order to realize the advantages of both tional failure to make all possible assign­ nels will be reserved in specific places for methods while minimizing the deficien­ ments and withholding of assignments future use, but at the same time attrib­ cies of both. In it we have included those from small communities. It is urged utes to it a flexibility to meet changing specific assignments on which operation that we are largely abandoning the needs. Our past experience and our re­ had been authorized at the time the table principle of educational reservation. cent computer studies convince us that was prepared, plus a predetermined num­ NAEB asserts that the channels which saturating an assignment plan by in­ ber of additional educational and com­ could have been assigned but were not cluding assignments in small communi­ mercial assignments in places where are in effect permanently withdrawn ties creates an almost inflexible pattern there is reasonable certainty that they from the educational sphere, since they that makes it difficult and in many cases will be used, plus a framework of educa­ will be available on a first-come first- impossible to alter in the light of chang­ tional and1 commercial assignments in served basis and will thus fall to com­ ing needs. Most of the small commu­ places where the development of a de­ mercial applicants. It characterizes our nities included in previous Commission mand is somewhat speculative but if it partial plan as a “haphazard, crazy-quilt assignment tables and carried over into does occur stations operating on those approach” to television assignments in the plan submitted by NAEB were there assignments will provide better reception abandoning preplanning and making through fortuity. In the design of any to areas which otherwise must rely upon assignments on a demand basis. . assignment plan an effort is first made reception of distant stations. We have 47. The Commission has not aban­ to satisfy the foreseeable requirements used population as a general guide in doned either the educational reservation for channels. This pattern of assign­ selecting places for commercial assign­ principle or the assignment plan as an ments usually leaves scattered areas on ments. Educational assignments have allocation tool. We have merely drawn each channel where additional assign­ been made in places selected from cities on our experience in recognizing that the ments are possible. In “saturating” a named in specific State plans, requests by selection of certain small communities plan, these areas are examined and in other educational interests, or in the as possible locations for future television most cases there is a choice of several absence thereof, from among the cities broadcast stations, as opposed to other communities in one of which the assign­ recommended by NAEB on the basis of small communities which could be se­ ment may be placed. In most cases, the its earlier national survey of tentative lected, is highly speculative. We have, largest of these small cities is selected educational needs. We have not made in fact, adopted a table of assignments for inclusion in the table of assignments. commercial assignments in cities of less containing places where there is reason­ There is usually no basis, other than its than 25,000 except where there are au­ able certainty that demands for chan­ size, for selecting a particular town. In thorized stations or where prospective nels will arise and have attempted to the plan adopted by the Commission, we applicants have indicated that they are provide a reasonable number of educa­ have chosen to halt at the conclusion of prepared to proceed promptly with the tional and commercial channels for use the first step in the design and to defer construction and operation of new UHF in those places. We have not provided the selection of a particular city in the facilities if authorized to do so and such commercial assignments in places of less various areas where additional assign­ assignments will not seriously impair our than 25,000 population except where ments may be made, until we can more ability to provide for needed assignments stations are already in operation or accurately assess the needs. In other in underserved areas. where representations have been made words, bearing in mind that making an 52. NAEB argues for the superiority of that a prospective applicant is prepared assignment to a particular city precludes its plan on the ground that it contains to proceed promptly with the construc­ its use elsewhere in the area, we are will­ more cities and more assignments than tion and operation of a UHF television ing to make such a judgment where there any Commission plan. Admittedly, its station if authorized to do so. We have is a reasonable prospect that the chan­ plan does contain more assignments, and made educational assignments in such nel will be used. In the case of the in more cities, as would be expected from smaller communities on the basis of rep­ smaller communities we are not willing its use of what we regard as inadequate resentations by state or local educational to risk an error in judgment which might flexibility, the inclusion of smaller com­ interests or NAEB that such assign­ deprive a community of a needed assign­ munities, and use of Channels 70 and ments are needed and will be used, and ment by putting it elsewhere where it is above which we have withdrawn from to give state-wide coverage. not used. — the table for further consideration. The 48. Omission of the smaller communi­ 50. The most efficient use of television difference is of course greatest with re­ ties from the table of assignments does channels in terms of total number of spect to such small communities and the not constitute a determination that such operating •’stations, could be achieved by less densely populated portions of the Places should not have channels or establishing an assignment table con­ nation. It is less in heavily populated should have only the type of low-power taining only authorized stations at areas. For example, in four Northeast­ station proposed on the higher chan­ known transmitter locations and making ern States which are almost entirely nels. We are simply deferring a deci­ additions to the table as specific require­ “saturated” in the Commission’s plan sion as to which of the smaller cities ments arose, using exact transmitter (the three southern New England States should be assigned channels until an sites. In this way it would be possible to and New Jersey) our plan contains three actual demand is indicated. This kind avoid two problems that reduce the effec­ more assignments than does the NAEB of flexibility is essential if we are to tive capacity of the band, i.e., the neces­ plan on channels below 70. The NAEB make the most effective use of the spec­ sary addition of geographic flexibility to computer program did not provide for a trum allocated for television broadcast- “paper” assignments made in advance mg. a “saturated” assignment plan showing of remaining unassigned but and the loss of channels that are placed available channels. Therefore, there is such as that proposed by NAEB creates in cities where they are not used and the no way of knowing whether the plan it a tightly interlocked pattern of cities expected demand never develops. The uud channels that make future adjust­ submitted was truly “saturated.” The risks involved in this approach are an computer program employed by the Com­ ments extremely difficult if not impossi­ unwarranted concentration of stations in mission does provide that information. ble, We know that such adjustments do and around the large population centers In Figure 1 attached, we have shown

No. 35-----3 FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2940 RULES AND REGULATIONS the current overall status of remaining fore we adopted the Fourth Report and find no merit in these allegations as to available assignments. In considering Order and have been carefully recon­ the inadequacy of our plan. new assignments or changes in the table sidered herein. NAEB is inconsistent in 57. Other educational petitions: Cen­ of assignments we are provided with arguing against adequate geographic tral California Educational Television exact information as to the impact of “flexibility” because of the loss of effi­ Commission, licensee of noncommercial such assignments or changes on channel ciency but at the same time urging a educational television broadcast station availability. This feature alone will per­ “saturated” plan with modest but ad­ KVIE, Channel 6, Sacramento, Calif., mit us to avoid unwarranted concentra­ mittedly necessary geographic “flexibil­ requested the assignment of a second tions of assignments and the loss of as­ ity.” The unavoidable inefficiencies of channel reserved for educational use in signments that may be needed in the geographic “flexibility" are compounded Sacramento. The showing; of need for future. by saturating an assignment plan with a second channel was based upon a de­ 53. The NAEB proposed plan included assignments which may or may not be sire to enhance instructional television a great many assignments reserved for used. NAEB attempts to make an issue service to the Los Rios Junior College educational use. Communities selected out of our failure to list assignments in District and to the secondary public by NAEB for inclusion in its plan were very small communities but has appar­ schools in that area. The second chan­ based upon a national survey of educa­ ently made no study of our ability to nel was said to be needed for the pur­ tional television needs conducted by provide such assignments if and when pose of repeating the same instructional NAEB in 1961. The “needs” were nec­ needed. material several times daily to meet essarily based on estimates which could 56. NAEB later filed an “Opposition toclassroom scheduling problems of the not be completely coordinated with all Petitions for Reconsideration,” opposing public school system. There was no relevant educational agencies in the area and commenting on various petitions for showing of need for a second channel and were unavoidably inexact. They in­ reconsideration filed by commercial in­ to provide cultural and educational cluded channels intended to be used terests and asserting that the failure of broadcasts to the general public. The solely for classroom instruction. The the Fourth Report Table to satisfy their Central California area is one where re­ Commission has since established the requests shows the inadequacy of the maining available assignments are scarce Instructional Fixed Television Service Commission’s plan. As mentioned and future demands for educational and which provides channels in the 2500 above, that table and the one adopted commercial channels are likely to arise. Mc/s portion of the spectrum to meet herein are not intended to be a complete The diversion of a broadcast channel to such needs. Individual state plans for “final” table, but a partial one or frame­ instructional television use in Sacra­ educational television broadcast systems work. In the corrected table now mento might preclude a badly needed as­ which have since been submitted to the adopted we have satisfied a number of signment in Sacramento or elsewhere in Commission reveal a number of vari­ these requests, on the basis of the inter­ the future. Therefore, we have not pro­ ances with the original NAEB plan, both est demonstrated in prompt construction vided a second educational channel as in terms of the number of channels con­ of a station. Thus, we have added non- requested. This is not to say that we templated and in the places where such reserved channels at Joliet, HI., Lexing­ will not provide the second channel in channels will be needed. We anticipate ton, N.C. (which NAEB would have sat­ the future if it is needed for broadcast­ that further adjustments will be made isfied by removing the only UHF assign­ ing purposes and, in the light of other and that the partial plan adopted in this ment from High Point, which we found uses, the public interest appears to war­ Report will require changes and addi­ not to be necessary), and Pikeville, Ky. rant it. tions. We will need all the flexibility we (in addition to the educational reserva­ 58. The Television Advisory Commit­ can retain to accomplish these adjust­ tion) . As to Fort Worth, Tex., where the tee of the State of California requested ments and meet unexpected future edu­ commercial applicant sought to have that we delay the effective date of the cational and commercial requirements. Channel 20 instead of 40 assigned unre­ Fourth Report and Order until January 54. In spite of its shortcomings, the served, in the revised program the com­ 31, 1966, pending completion of a study NAEB survey and computer study made puter selected Channel 21 as an efficient of ETV channel needs in the State of a substantial contribution to our allo­ unreserved assignment, leaving numer­ California. This Committee, composed cation planning by bringing to our atten­ ous other channels available for com­ of five members, was appointed by the tion for the first time the extent to which mercial or educational use if needed. In Governor in 1962. It is charged with the educational interests were seriously con­ response to two rule making petitions responsibility of providing advice and sidering the use of television. As a mat­ filed since the Fourth Report was issued guidance to the television coordinator ter of fact, the NAEB proposal was the and mentioned by NAEB, we are adding who, in turn, acts in an advisory capac­ prime factor that resulted in the pro­ a channel at Dallas, Tex., and will ity in recommending to the appropriate posal to revise the table of assignments shortly issue a notice concerning assign­ Federal agency or agencies, the alloca­ for UHF television channels. The sub­ ment of a channel to Defiance or else­ tion of television channels for educa­ sequent experiments by NAEB in the use where in northwestern Ohio.* In this tional purposes. The plan mentioned by of an electronic computer for the design pleading NAEB objects to the failure to the Committee has not yet been sub­ of a nationwide UHF assignment plan make educational reservations at Sacra­ mitted. Further delay in adopting a na­ also provided valuable information that mento (a second reserved channel) and tionwide plan, while a single state car­ led to the improved computer program Stockton, Calif., and in Colorado. In ries out studies as to its needs, is not used by the Commission. The NAEB the case of Sacramento the second reser­ warranted. When the study is com­ computer study was limited in extent and vation is denied for reasons stated plete, the petitioner may request amend­ produced but a single assignment plan below; we could make a reservation at ment of the table of assignments. based upon one of several approaches. Stockton but (since channels are scarce) 59. Low and high channel assign­ Such a plan could not be considered to we prefer to await the submission of a ments: Many of the requests for recon­ be the best possible plan without explor­ California state plan which is to be sideration and pending rule making ing other possible approaches. We have forthcoming shortly; and (as shown by petitions seek the assignment of chan­ since created at least a dozen different Figure 1) any needed assignments in nels lower than those set forth in the assignment plans and have rectified the Colorado can easily be made. NAEB’s Fourth Report table. As mentioned shortcomings of the NAEB computer other specific points relate to the matter above (paragraph 12) in view of the program and our original computer pro­ of higher versus lower assignments, a great demand for UHF assignments gram in the light of the experience matter discussed elsewhere. In sum, we which is expected to develop we must gained. Improvements may still be pos­ be guided by considerations of assign­ sible, but we believe we have reached a •NAEB mentions one other rule making ment efficiency.. In a number of in­ point of rapidly diminishing returns. petition looking toward an assignment at stances these requests have been granted 55. The arguments advanced by NAEB Herndon, Va., and suggests that it might be in part, because, operating under the solved by the use of a Frederick, Md., assign­ corrected program, the computer for adoption of the plan it developed ment suggested in the NAEB plan. In view through the use of an electronic com­ of the very limited flexibility used in that selected a lower channel as of sub­ puter and submitted as a comment early plan, it appears doubtful that this channel stantially equal or greater efficiency than in this proceeding were considered be­ could be used for this purpose. a higher assignment. Where this has

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2941 not been the case, considerations of table. The goals which we sought in pact than the channel originally chosen. efficiency have indicated that the higher terms of number of channels per city for Therefore, a change in the original se­ assignment should be made. There is the table are in many cases minimum lection would improve the efficiency of no advantage to lower assignments objectives, not maximum. The extent to the plan. Any effort to correct this sufficient to warrant deviation from this which the proposed “Community” sta­ anomaly would prove fruitless since we principle. Much of the impression as tions, if found to be feasible, can con­ know of no way to make all assignments to the undesirability of high UHF tribute to a well balanced nationwide simultaneously, and in a sequential se­ operation dates from the mid-1950's, television broadcasting system will enter lection of channels the anomaly would when hastily designed transmitting and into the final decision. The proposal to persist. However, proposed changes that receiving equipment proved less reliable create this new class of service and the result in improved efficiency will be given in the higher portion of this band. The omission of cities of less than 25,000 every consideration. equipment presently being manufac­ population from the table of assignments 64. Exclusive of Alaska, Guam, Hawaii, tured is reliable over the entire range of is not intended to imply that the smaller Puerto Rico, and the Virgin Islands, Channels 14 through 83. As to propa­ cities are ineligible for regular high- which were not made a part of this pro­ gation, while exact measurements may powered assignments; The rules will ceeding, the corrected table of assign­ show some difference as between a low continue to provide for additions and ments adopted herein contains 1,756 and a high UHP channel, this difference changes to the table of assignments upon VHP and UHF assignments in 792 cities. is less than that between VHP Channels appropriate petition therefor.. However, Of this total 615 are reserved for educa­ 2 and 13. in order to secure the potential benefits tional use (107 VHP and 508 UHP chan­ 60. NAEB objects to the extent to that may derive from the segregation of nels) and 1141 are unreserved (551 VHP which, when two assignments were low powered and high powered opera­ and 590 UHP channels). made to a community, the higher was tions, it may become necessary to estab­ 65. The corrected table of assignments reserved for education and the lower lish a minimum power requirement- for adopted herein provides assignments in left unreserved. This, it is alleged, is stations proposing to operate on chan­ the top 150 markets10 approximately as typical of our “second-class” treatment nels spaced for high powered operation. follows: of educational requests. While, as As mentioned above, we also propose to (a) Twenty-two of the top 25 markets mentioned, we do not regard channel consider additional regular assignments have 6 or more unreserved assignments. numbers as a matter of high importance, on Channels 70 and above, in areas where The remaining 3 have 5 assignments. for whatever significance it may have additional assignments on the lower (b) Seventeen of the next 50 markets we have attempted (both in the Fourth channels are difficult or impossible. (26-75) have 6 or more unreserved as­ Report table and here) to divide the 63. An effort has been made to retainsignments; 24 markets have 5 assign­ low-numbered channels equitably be­ channels adopted in the Fourth Report ments; 8 markets have 4 assignments tween reserved and nonreserved assign­ and Order for which applications were and 1 market has only 3 unreserved as­ ments. By contrast, as mentioned by received prior to Steptember 15,1965, and signments. several of the commenting parties, the in this we have been successful in most (c) One of the next 25 markets (76- NAEB plan fairly consistently assigned instances.’ In the other cases, the im­ 100) has 6 or more unreserved assign­ the low-numbered channels for educa­ pact on efficiency was such that badly ments; 4 markets have 5 assignments; tional use. In applying the general needed assignments would be lost or the 18 markets have 4 assignments; 1 market principle, as stated in Appendix B here­ number of unassigned channels for fu­ has 3 assignments and 1 market has only to we deny certain petitions for recon­ ture use, seriously curtailed and overall 2 unreserved assignments. sideration seeking reservation of the public interest considerations outweigh (d) Two of the next 50 markets (101— lower channel (e.g., Des Moines, Iowa). the inconvenience to applicants caused 150) have 6 unreserved assignments; 6 However, if the educational interests are by changed assignments. We have not markets have 5 assignments; 11 markets actively interested in prompt construc­ attempted to alter the selections made have 4 assignments; 30 markets have 3 tion and operation, we will consider rule- by the computer merely for the sake of assignments; and 1 market has 2 unre­ making requests looking toward reserva­ securing a low-numbered UHP channel served assignments. tion of the lower channel in the absence nor do we intend to do so. The same Thus, with minor exceptions the top of demand by other parties. program will be used for the selection 25 markets have 6 or more unreserved 61. “Quiet zone” assignments: As of channels to be added to the table or assignments; the 26th to 75th markets Stated in the Fourth Report and Order in making changes to the table. Peti­ have 5 or more unreserved assignments; (footnote 4) no UHP assignments were tions for additions to the table of assign­ the 76th to 100th markets have 4 or made in the “quiet zone” in Virginia and ments need not be specific with respect more unreserved assignments; and, the West Virginia specified in § 73.623 of the to channels. In cases where a specific 101st to 150th markets have 3 or more Commission's rules. This policy is con­ channel is requested, the assignment unreserved assignments. At the 150th tinued here. Educational interests in pattern will be examined with the com­ market level net weekly circulation is these states have requested some assign­ puter and if the impact of the requested approximately 95,000 TV households. ments in this area. We will entertain assignment on other available assign­ Below this level, the great majority of specific requests by these and other ments is significantly greater than the assignments have been made on the basis parties for rulemaking looking toward assignment that would be selected by of one or two channels per market. The particular assignments; these of course the computer, the requested assign­ above distribution of assignments should will be assessed in the light of the impact ment will not be made. Petitions for not be interpreted as a finding that mar­ they might have on the particular op­ changes in the assignments appear­ kets of the different sizes mentioned can erations which the “quiet zone” is de­ ing in the table must be accompanied support the number of stations provided signed to protect. by a showing developed in the man­ for, or that they could not support ihore. 62. Except for two assignments on ner employed in the computer, that Additional channel requirements are ex­ which stations are currently operating, the change will not significantly reduce pected to develop in many places not in­ we have not used the channels between the number of unassigned channels cur­ cluded in the table of assignments 70 and 83 inclusive, in the corrected table rently available in the affected area. It adopted herein and except where the adopted herein. We have proposed to has been determined that such a manual study for a single city is feasible. It maximum capacity of the UHP television create a new class of local or “commu­ broadcast band has been reached, such nity” television service which will op­ may be noted that due to the necessarily sequential selection of assignments in the assignments can be provided as the need erate with comparatively low power on arises. those channels. If it is determined that development of the table, the impact of a given channel on other available assign­ the proposed new service is not economi­ ments Will change as other assignments 10 The assignments in the table are listed cally feasible or would otherwise not be are added to the table. In some cases, a by Individual communities but they may be in the public intertest, the upper UHP grouped for statistical purposes on a market channel rejected as having greater im­ basis. The market rank foUows the Ameri­ channels in that range will become avail­ pact at the time a selection was made can Research Bureau (ARB) listing based on able for additional assignments in the for a given city, may have now less im- net weekly circulation.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2942 RULES AND REGULATIONS 66. Specific actions; action on the ville, Ala., a city which has a 1962 Census additional assignments—appearing at Commission’s own motion; In the Fourth population of more than 72,000 and is an least initially to be warranted, but where Report and Order herein (paragraphs important center. At the request of the either channels are relatively scarce in 27 (j) and (1)) we discussed two rule Buffalo educational station operating on the area or the petition was opposed— making petitions which were being Channel 17 we have removed the reserva­ are proposed in the further notice of denied, and mentioned further efforts to tion from that channel, leaving one proposed rule making adopted today.1’ find channels to meet the demands channel reserved there. As to three Other petitions listed in Appendix B, re­ shown in the petitions. These were: other petitions by educational groups lating to the particular channel assigned, (1) a channel for an additional educa­ concerning which of two new UHF as­ have in some cases been granted in sub­ tional assignment at Washington, D.C.; signments should be reserved, pursuant stance in the course of revision of the and (2) a substitute assignment for to the principle discussed in paragraph table to secure maximum efficiency, and Channel 74 at Cincinnati, Ohio, which 60 above (assigning low and high chan­ applying the principle of equitable dis­ we left in the table in spite of our view nels equitably as between commercial tribution mentioned in paragraph 60. that Channels 70 and above might well and educational interests) we have Other petitions are denied, for reasons be devoted to a different type of TV granted the petitions for Pensacola and stated in that Appendix. station. In both instances, the further Scranton and denied that for Des 70. We do not deal in these documents review and revision of the table has re­ Moines. with six other petitions for rule making sulted in assignments to meet these de­ 68. The remaining petition for recon­ filed during this period: RM-814 and 850 mands. Channel *32 is reserved for sideration is that of Plains Television (Defiance and Findlay, Ohio) and RM- educational use at Washington, D.C., in Corp., licensee on Channel 33 at Cham­ 826 (Fullerton, Calif.) request assign­ the new table (in addition to Channel paign, 111., and Channel 24 at Danville, ments in areas where channels are scarce *26). At Cincinnati, the new table pro­ HI. Plains requested that Channel 15 and further consideration must be given vides two nonreserved channels—19 and be substituted for Channel 33 at Cham­ as to what form our proposal should 64—in addition to *48.u On our motion, paign so that the Champaign and Dan­ take; RM-834 (Newark-Linden, N.J.), in the course of further review of the ville operations could be combined into relates simply to the city of station as­ table we have added some assignments a single operation at a site near Fithian, signment; RM-854 (Waynesboro, Va.) in places mentioned in petitions for rule 111., which could serve both cities. The requests an assignment in the “quiet making filed since the Fourth Report request for Channel 15 was based upon zone” (see paragraph 61); and RM-879 (see paragraph 69, below). the pattern of assignments adopted in (Cleveland-Lorain, Ohio) requests an 67. Petitions for reconsiderations: The the Fourth Report and Order. Neither interchange of channels between appli­ various petitions for reconsideration of Channel 33 nor Channel 24 could be used cants for two cities. These matters re­ the Fourth Report and Order, some of at the Fithian site. In the corrected quire some further consideration, but which have been discussed above, are plan adopted herein, Channel 36 has appropriate documents concerning them listed in Appendix B hereto, along with been assigned to Champaign and can will be issued very shortly. whatever action has been taken in re­ be so used, and Channels 33 and 24 are 71. Applications received after Sep­ sponse to them. We have already dis­ no longer assigned to either city. How­ tember 15,1965. As mentioned above, in cussed the reasons why, for the most ever, since Channel 36 is listed as a most cases—except where the requested part, the petitions of Georgia State Board Champaign channel we are replacing channel would be a highly inefficient as­ of Education, Joint Council on Educa­ Channel 24 in Danville with Channel 68, signment—the table adopted herein con­ tional Broadcasting and NAEB have been consistent with our practice of providing tains the channels specified in applica­ denied, and also the reasons for denial at least one commercial assignment to tions received prior to September 15, of the petitions by two California educa­ cities of more than 25,000 population 1965. With respect to applications re­ tional groups, three petitions alleging where feasible. ceived later, in a number of cases where ecoriomic injury from the making of ad­ 69. Pending petitions for rule making: superior efficiency would result (or ditional assignments at Miami, Fla., and In the course of revising the table we where the revision process had progressed Yakima, Wash., and the petition of New­ have also noted requests contained in to a point that the channel requested port Dimes Hotel. In the course of prep­ petitions for rule making filed during the could not feasibly be restored to the new aration of the corrected table so as to period between issuance of the Fourth table) the new table contains channels achieve greater efficiency, it has been Report and Order and the end of 1965. different from those applied for. These possible to grant essentially the relief The petitions dealt with in the docu­ later applicants were of course on notice, sought by four petitioners concerning the ments adopted today are listed in Ap­ by our public notice issued September 16, specific channels assigned to Chicago, pendix B below. On our own motion 1965 (FCC 65-813, Mimeo No. 72543) Fort Worth, Fresno u, and Ashbum, Ga. we have included in the new table five that the assignments contained in the Pursuant to requests by individual peti­ additional needed assignments in places Fourth Report Table would likely be tioners which appear meritorious and requested in some of these petitions, changed. In all cases, the new table con­ where they have shown that prompt use where: (1) the Fourth Report Table did tains assignments to accommodate these will be made of the channel, in the new not contain any unoccupied channels tou. applications, even though not always the table we have made first commercial as­ meet the demand shown by the petition; specific channel requested. Applicants signments to Toccoa, Ga., Joliet, 111., (2) the assignment appears clearly war­ for channels no longer in the table shall Pikeville, Ky., Lexington, N.C., and ranted by the size and importance of amend their applications as described in Brownsville, Tex., and a first reservation the community and its area or need for paragraph 74, below. in Orange County, Calif. Pursuant to educational coverage; (3) sufficient another petition (repeating a request channels remain available in the area after the assignment to take care of “ Usually, both in connection with the 5 made in comments) we have made a other possible needs; (4) the assignment assignments made herein and the 8 con­ third commercial assignment at Hunts- is efficient^ and (5) the petitioner has tained in the further notice, a channel differ­ shown that the assignment will be ent from that requested has been assigned 11 Later rule making petitions filed by the or proposed, as a more efficient assignment. same petitioners since the Issuance of the promptly put to use. Under this prin­ The further notice contains, besides 8 Fourth Report and Order have requested ciple, first unreserved assignments have additional assignments, a proposal to inter­ both of these assignments. However, they been made at Palm Springs and Ventura, change channels between Raleigh and Dur­ are not being made for this reason, but on Calif, (both substantial communities in ham , N.C. our own motion as a result of further con­ populous areas), a first UHF commercial As to assignments at Palm Springs, Calif., sideration of the table. channel (second total commercial) has a rule making petition requested a first 15 The Fresno assignment requested and assignment there and supporting statements been assigned to the sizeable city of by other parties asked that more than one made (Channel *18) Is not the most efficient Winston-Salem, N.C., a second UHF which could be made based on the Fresno be assigned. In line with the general prin­ reference point, but it is the most efficient commercial channel (fourth total com­ ciple stated in the text we have made a assignment possible at the transmitter site mercial) has been added to Dallas, Tex., first assignment in the new table; the proposed for use by petitioner, near the loca­ and a reserved channel has been assigned question of a second assignment we believe tion of the other Fresno stations. at Louisville, Ala. In eight other cases should be the subject of further proceedings.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2943 72. Existing authorizations: In 15 thorized by the Commission after the in­ Channel cases, the new table does not contain the formation in (2) above is submitted. Arizona—Continued No. (ii) Upon completion of construction M e s a ______* ,______12 — assigned channel on which a station has N o g ales------___;-- _ 11, *16 been authorized, and as set forth in of the new facilities in accordance with Page .__ *17 Appendix C hereto the authorizations the terms of the modified authorization, Parker ______*17 are accordingly modified to specify a new proof of performance measurement data P h o e n ix ______:__ __3 + , channel. The channel changes have adequate to demonstrate compliance 5 —, * 8 + , 10—, 15, 21, 33, *39 been made to increase assignment effi­ with the applicable technical perform­ Prescott ______,______7, *19 ciency, to provide substitutes for assign­ ance requirements of the rules and of Safford ______*23 ments on Channels 70 and above (other the type normally required to be fur­ Tucson _ 4 —, *6 + , 9 —, 13—, 18, *27, 40 Y um a ______11 —, 13+ , *16 than two operating stations), or, in one nished in an application for a television Arkansas: instance (Sacramento) in response to a license shall be submitted, in triplicate, Arkadelphia ______*9 + request for return of the channel speci­ at least ten (10) days prior to the date Batesville ______^____.______*17 fied in the table before the Fourth Re­ on which it is desired to begin program El D orado______10—, 18, *30 port, which can be used at the trans­ operation. Program operation on the Fayetteville ______*13 — mitter site to which the permittee wishes newly specified channel shall not be com­ F o rt S m ith______5— ,24 to move (that of the other Sacramento menced until specifically authorized by H arrison ______,______*14 the Commission after its evaluation of Hot Springs______*20,26 stations). Jonesboro ______8 — , *19 73. In Kansas City, it Is necessary to such data. Little Rock___ *2—, 4, 7 - , 11 + , 16, *29 modify two construction permits because (d) It is further ordered, That, appli­ Pine Bluff______.____ !___25, 38 all three unreserved UHF channels as­ cants for channel assignments not con­ Russellville______*28 signed in the new table are different from tained in § 73.606(b) of the Commission’s California : those specified in the Fourth Report and rules as adopted herein shall amend their A lturas ______13 + Order. In the modification actions applications on or before March 28,1966, Bakersfield ______17, 23, 29, *39 taken herein, we believe it appropriate to specify a channel assigned in that sec­ Barstow ______*35 Bishop ______I______*14 to preserve the order of channel occu­ tion to the city for which they have ap­ B lythe _____ ;______*22 pancy which developed after the Fourth plied and not listed in Appendix C below Brawley ______*26 Report and Order. Accordingly, the for an authorized station. Chico ______:____ _ 12 —, *18 permittee on the lowest unreserved 75. Authority for the actions taken Coalinga ______>______;___ *27 Fourth Report channel is modified to the herein is contained in sections 4(i), 303 C o r o n a ______52 lowest such channel in the new table; (c), (d), (f), and (r), 307(b) and 316 of C otati ______J__ *22 the permittee on the highest unreserved the Communications Act of 1934, as El C entro______7 + , 9 + Fourth Report channel is modified to amended. E u r e k a ______3 —,6 —,13 — F o rt Bragg______*17 the highest new unreserved channel; and (Secs. 4, 303, 307, 316, 48 S tat. 1066, as am end­ F r e s n o ___ .______* 18,24, 30,47, 53 the two applicants competing for the ed, 1082, as am ended, 1083, Sec. 12, 66 S tat. H a n f o r d __ !______21 other unreserved channel may amend to 717; 47 U.S.C. 154, 303, 307, 316) I n d i o ______*19 specify the other, new channel assigned Los Angeles______2, (Channel 50). Adopted: February 9, 1966. 4, 5, 7,9,11,-13, 22, *28, 34, *58 74. In view of the foregoing: It is Released: February 11, 1966. Modesto ______17, *23 ordered, That: Palm Springs______27 (a) Effective March 28, 1966, § 73.606 F ederal C ommunications P ittsb u rg ______i.__42 (b) of the Commission's Rules is C o m m is sio n ,“ R edding _.______7, *9,16 [ seal] B e n F . W a ple, Ridgecrest ______*25 amended as set forth in Appendix A Secretary. Riverside ______40, 46 below; S a c ra m e n to ______3, *6,10,15, 40 (b) The petitions for reconsideration A p p e n d i x A Salinas-Monterey______8-}-, 46, *56, 67 of the Fourth Report and Order in this TABLE OF ASSIGNMENTS San Bernardino______18, *24, 30 proceeding, and the petitions for rule S an Diego______8,10, *15,39, 51 making, listed in Appendix B below, are Channel San Francisco,______2 + , 4 —, A labam a:- No. 5 + , 7 —, *9 + ,20, 26, 32,38, 44, *60 granted to the extent Indicated in that A n d a lu sia ______;_—_____; ;_____ *2 — S an Jose______l l + ,36,48, *54 Appendix and in all other respects are A nniston ______;__ ;______40 San Luis Obispo______6 + , *15 denied; Birmingham ;______:______6 —, S an M ateo______*14 (c) The authorizations of the stations *10—, 13—, 21, 42, *62, 68 S an ta A na______...______, *50 listed in Appendix C below are modified D e c a tu r ______23 Santa Barbara______3 —,14, *20 as set forth in that Appendix, subject to Demopolis ______*41 S an ta Cruz______,,______*16 the following conditions: D othan ______4, 18, *39, 60 Santa Maria______.______12 + Florence __.______15, 26, *36 S a n ta Rosa______!______50, *62 (1) That the permittee or licensee G adsden ______44, 60 S tockton ______13 + , 19, 58 shall advise the Commission, in writing Huntsville _j.______:_ 19, *25, 31, 48 California : by March 28, 1966, of its acceptance of Louisville ______:___ *43 Susan ville ______*14 the modification of its authorization; Mobile 5 + , 1 0 + , 15, 21, *31, *42 V e n tu ra ______16 (2) Thaf the permittee or licensee M o n tg o m ery ______12, 20, *26, 32, 45 Visalia ______43 shall submit to the Commission by April M u n fo rd ______.______. *7—, *16 Watsonville _ *25 29, 1966, all necessary information for Selma ______8 —,29 Yreka C i ty ______*20 T u s c a lo o s a _____ ;______17,33, *39 Colorado: the preparation of a modified authoriza­ T u s c u m b ia __ •______:______47 A la m o s a ______3 —, *16 tion to construct and operate on the Alaska: B o u ld e r______;_ *12,14 newly specified channel with transmit­ Anchorage ______-_ 2 —, *7—, 11, 13 — Colorado Springs______11,13, 21 ting facilities meeting all requirements F a ir b a n k s _2+, 4+, 7+, *9-f-, 11+, 13+ C r a ig ------*16 of the Commission’s rules and regula­ Ju n e a u ______*3, 8,10 D e n v e r __ 2 ,4 —, *6—,7 ,9 —, 20, 31, *41 tions for operation on that channel; and K etchikan ______2, 4, *9 D urango ______6 + , *20 (3) That the station if now operating S e w a r d ______4—,9 — Fort Collins ___.____ 22 niay continue operation temporarily on S itk a ______13 Glenwood Springs __ .______*19 Arizona: Grand Junction ______!__ 5—, *18 the previously specified channel in ac­ Ajo ------.__------*23 G u n n is o n _____ :______*17 cordance with the terms and conditions D o u g la s _____I ______3, *28 La J u n t a ______- ______*22 of the current authorization until the Flagstaff ______9, 13, *16 L am ar ______12—, *14 following requirements have been satis­ G lo b e ______*14 L eadvU le______*15 fied: H o lb ro o k ______*18 M ontrose ______; 1 0 + , *22 K ingm an ,______6 —, *14Pueblo ______5, *8,26,32 (i) The construction looking to a M c N a ry ______*22 Salida ______.__ ,______,__ *23 change to the newly specified channel S terling 3, *18 is not to commence until specifically au- 14 Commissioner Wadsworth absent. T r in id a d ______*24

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2944 RULES AND REGULATIONS

Channel Channel Channel Connecticut: No. Idaho—Continued No. Kansas—Continued No. Bridgeport ------43, *49 P o catello ______6 —, 10,15. *25, 31 P ittsb u rg ______- ______7+ H a r tfo r d ______3 + . 18. *24, 61 S andpoint ______*16 P ra tt ______*32 New B ritain ______30 Tw in Falls______11, 13 — S a lin a ____ ,______18, 34, 44 New H a v e n ______—------8 + , 59, *65 W e ise r____ - ______*17 S e d a n ______*28 New L o n d o n ______26 Illin o is: T o p ek a ______*11, 13+ , 29, 58 N orw ich______*53 A urora ------60 W ic h ita ______3 —, 1 0 - , *15, 24, 33, *42 W aterbury ------20 B lo o m in g to n ------15 K entucky: Delaware: Carbondale - ______*8 A sh lan d ______*25, 61 D o v e r______j------*34 C h am p aig n ______3 + , 36 Bowling Green______13, 40,_ *53 Seaford ______*22 Chicago ______2—, C o v in g to n ______!______' *54 W ilm in g to n ______12,*61 5, 7, 9 + , *11, *20, 26, 32, 38, 44 Elizabethtown ______*23 District of Columbia: D an v ille______68 H a z a rd ______*35 Washington ______4 —, D e c a tu r______17, 23 L ex in g to n ______18, 27, *46, 62 5—, 7 + , 9,14, 20, *26, *32, 50 DeKalb ______*48 Louisville __ 3 — , 11+ , *15, 21, 32, 41, *68 Florida: Edwardsville ______— *18 Madisonville______*35 Boca R a to n ______*14 Elgin ______66 M orehead ______*38 B radenton ______- *19 F re e p o rt------23, *65 M u rra y ______*21 Clearwater ______22 G a le s b u rg ______63 O w ensboro______19,31 C o co a______*18, 52 Harrisburg ______3 P aducah ______.!______6 + ,29 Daytona Beach ______2 —,26 Jacksonville ______- — —------14 P ik e v ille ______*22, 51 Fort Lauderdale ______51 J o l i e t ------14 S o m e rse t__ «______*29 Fort Meyers______11+ , *30 K ankakee ------— *54 Louisiana : Fort Pierce ______- ______*21,34 LaSalle ------35 A lexandria______5, 25, 31, *41 Gainesville______*5—,20 Macomb ______1------*22 Baton Rouge______2, 9—, *27, 33 Jacksonville- 4 + , *7,12—, 17, 30, 47, *59 M o lin e______8,*24 De R idder______*23 Key W est------16,22 Olney ______*16 Houm a ______11 Lake City______*34 P e o ria ______19, 25, 31, 47, *59 L a fa y e tte ______3, 10, 15, *24 L ak e la n d ______32 Quincy ______— 10 — , 16, *27 Lake Charles______7 —, *18, 29 Leesburg ______*45 R o ck fo rd ------13, M 17, o n 39 ro e______8 + , *13, 14, 39 M adison ______i______*36 Rock Island______4 + Morgan City______!______*14 M a r ia n n a ______*16 Springfield ______20, 49, 55, *65 Natchitoches ______;______*28 M elbourne ______31,43 S treator ______*64 New I b e r ia ______36 M iami ______*2, U rb a n a ______*12—, 27 New O rleans— 4 + , 6 + , *8, 12, 20, 26, *32 4, 6 ,7 —, 10+ , *17, 23, 33, 39, 45 V a n d a lia ______*21 S h rev ep o rt______3 — , 12, *24, 33 New Smyrna Beach______*15 In d ia n a : T allulah ______—— *19 O c a la ______*29, 51 A n d erso n ______67 M aine : O rlando ______6—,9, *24, 35 Bloomington ______4, *30, 63 A ugusta ______*10— P a l a t k a ______*42 E lkhart ______28 B a n g o r______:------2 — , 5 + , 7— Panama City______7 + , 13. *22, 28 Evansville ______7, *9+ , 14,25,44 C a la is______*13 — P e n s a c o la ______3—,*23, 33,44 F o rt W ayne______15, 21, 33, *39, 55 F o rt K e n t______*46 St. Petersburg______10—,38, 44 G a r y ______*50 F ry e b u rg ______*18 Sarasota ______40 H am m ond _____ 62 H o u lto n ______.______*25 S e b rin g ______*27 Indianapolis______6, K ittery ______*34 Tallahassee ______*11—,27,40 8—, 13 — , *20,40,59, *69 L e w is to n _____ .______8 — , 35 T a m p a ______*3, 8—, 13 —, *16,28 Kokomo ------29 Millinocket______*44 W est Palm Beach______5,12,25, *42, 53 Lafayette ______18, *24 O ro n o ______*12 — G eorgia: P o r tla n d ______6—,13 + , 26, *51 M adison ------*60 Presque Isle ______8,*10+ A lb a n y ______10,19, 31 M a rio n ______31 A s h b u r n ______*23 M u n cle______23, 49, *61 R u m fo rd ______—- *43 A th e n s______*8,34 South B end______16, 22, *34,46 M aryland : A t l a n t a ______2, Terre Haute______2 + , 10, *26, 66 Baltimore— 2 + , 11 — , 13+, 24,45,54, *67 5 — , 11 + , 17, *30, 36, 46, *57 V in cen n es______*22 C u m b erla n d ______*36, 52,65 A ugusta ______6 + , 12 + , 26, 54 Frederick ______*62 Iowa: Hagerstown ______*68 C hats worth ______*18 Ames ______5, 23, *34 Cochran ______*15 Salisbury ______- — 16, *28 B u rlin g to n ______26, *58 W aldorf ______—- *56 C o lu m b u s______3, 9 + , *28,38, 54 C a rro ll______*18 D a w so n ______*25 Massachusetts : Cedar Rapids______2,9 —, 28 Boston ______*2+, D ra k e to w n ______*27 Council Bluffs______*32 M a c o n ______13+ , 24,41, *47 4—, 5—, 7 + , 25, 38, *44, 56, 68 D a v e n p o rt______6 + , 18,30, *36 G reenfield______62 Pelham ______*14 Decorah ------'------*14 R o m e ______14 New Bedford ______-,— 6+, 28, *47 Des Moines______8—, North Adams______L------19, *35 S avannah ______3 + , *9—, 11, 22 *11+ , 13 — , 17, *43, 63, 69 Thomasville______6 P itts fie ld ______61 D ubuque ______I------16, *29, 40 Springfield ______22,40, *57 T o c c o a ______32 Estherville ------*28 Valdosta ______Ik ___*33,44 W o rc e ste r______— 14, 27, *48,66 Fort Dodge!______!------21 M ichigan : V id alia______*18 Iowa C ity------*12 + , 20 Warm Springs______*22 Alpena ______*6,11 Mason C ity______3 + , *24 A nn Arbor______*68 Way cro ss______*8+ O ttu m w a ------15, *33 W rens ______*20 Bad A x e ______Red Oak______*36 Battle Creek ------41 H aw aii: Sioux City______4 —, 9,14, *27 Hilo ______2, *4,9,11,13 Bay C i t y ______5—,*19, 61 W aterlo o ______7 + , 22, *32 C ad illac ______— 9, *27 H onolulu ______2 + , 4 —,9 — , *11 + , 13— K ansas: C alum et ______5, *22 L ih u e ______3 + , *8—,10+, 12— C hanute ______*30 C h e b o y g an ------4 + W ailuku ______3, 7, *10,12 C o lu m b u s______*34 D etroit ______2+ , 4, 7 —, 20, 50, *56, 62 Idaho: Dodge C ity______6 + , *21 East Lansing ------23, *69 B o ise______u______2, * 4 + , 7, 14 Em poria ______*25 Escanaba ______6 + B u rle y ______*17 G arden C ity------11 + .13 — F lin t ___ —------12—, *31 Caldwell ______9 — G oodland ______10 Grand Rapids ______8 + , 13+ , 17, *35 Coeur D Alene______*26 G reat B end______;---- 2 Iro n M o u n ta in ______—!---- 8 —, *14- Grangeville ______*15 H a y s ______.— — 7—, *14 Ironwood ______Idaho Falls______3, 8 + . 20, *33 H utchinson ______*8,12, 36 J a c k s o n ______- F ile r ______*19 Lakin ______*3 Kalamazoo ______3 — , *52 L ew isto n ______- ______— 3 — Lincoln Center______*9 Lansing ______6—, 47,53 M oscow ______- *12— M a n h a tta n ______*21M a n iste e ------*^1 N a m p a ______6,12 + Oakley______- ______— - *15 M a n istiq u e ------P r e s to n ______- *28 Phillipsburg______- ______- *22 M arquette ------6 —, 13. *19

FEDERAL REGISTER, VOL. 31, NO, 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2945

Channel Channel Channel Michigan—Continued No. Montana—Continued No. New York—Continued No. Mount Pleasant------*14 H e le n a ______1 0 + , 12, *15 J a m e s to w n ______26, *46 M uskegon------54 K a lis p e ll______9 — , *29- K in g s to n ______£ 63 Parma — ------— —--—. 10— L e w is to w n ______15 Lake Placid ______5, *34 P e to sk e y ------*23 Miles C i ty ______3 — , *6,10 L e v itto w n ______»______*21 Pontiac ------— ------22 M iss o u la ______8 —, *11—,13 —,17, 23 M assena ______*18 Port Huron ------44 W olf P o i n t ______*17 New York_2, 4, 5 + »7»9 + , 11 + , *25, 31 Saginaw ______:------25,42 N ebraska: O n e o n ta ______,______1______*42 Sault, Ste. Marie ______8 ,1 0 + , *32 A lb io n ______8 + , *21 P a te h o g u e ______67 Traverse City ______— .— 7 + , 29 A llian ce______*13 — P l a tt s b u r g ______*57 West Branch ______;------*24 B assett ______;_ *7— Poughkeepsie ______54 Minnesota: Grand Island ______11—» 17 R iv e rh e a d ______55 A lex an d ria______7, *24 H a s tin g s ______5 — R o c h e s te r______8, 1 0 + .T 3 —, *21, 81, 61 A ppleton------.------*10— Hayes Center______; 6 S y ra c u se ______3—, 5-»-, 9 —, *24, 43, 62 A u s tin ------6 —, *15 Hay Springs ______4 + U tica ______2—,15,33, *59 B em id ji______. 9, *26 K e arn e y ______13 W a te rto w n ______16, *50 B ra in e rd ------— *22 L ex in g to n ______*3+ North Carolina: Crooks ton ______*33 L in c o ln ______10 + »*12—,45, 51 Asheville ______13 —, 21» *33, 62 D uluth ______3, *8,10+ , 21, 27 M cC ook______8— B u rlin g to n ______16 E l y ______*17 North Platte ______2 —, *9 + Chapel H ill______* 4+ Fairm ont ______*16 O m aha ______3 ,6+»7» 15, *26, 42,*48 C harlotte ______3 ,9 + , 18, 36» *42 H ib b in g ______13—, *18 Scottsbluff______10 — C o lu m b ia ______*2 International Falls______11, *35 Superior ______Concord 4 + ______*58 M a n k a to ______12, *26 Nevada: D urham ______,_____ s___ _ 11 + , 22 M a rsh a ll______*30 Boulder City______4+ Fayetteville ______40, 62 Minneapolis-St. Paul______*2—, Elko______10—, *14 F r a n k lin ______*56 4, 5—,9 + , 11 —, *17,23,29 Ely------:------3 — , 6 + G o ld sb o ro ______17 R o c h este r______10, 47 Fallon ______*25 Greensboro ______2—,48,61 St. Cloud______19, *25, 41 G o ld field ______5 — Greenville ______9— , 14, *25 Thief River Falls______10 Las Vegas______2 —, 8 —, *10+ , 13—, 21 Hickory ______14 W ad en a______*20 M c G ill______'______8 + H igh P o i n t ______8—, *32 W alker______12— R eno______2, 4, *5, 8, 21, 27 K a n n a p o lis______64 Willmar ______*14 T o n o p a h ______9 —, *17 L e x in g to n ______20 W in o h a ______,______*35 W in n em u cca______7 + , *15 L in v ille ______*17 Worthington .______*20 Y erington ______*16 M o rg a n to n ______23 Mississippi: _ New Hampshire : New B ern______„______12+ B iloxi______13 + » *19,25 B e r l i n ______*40 R a le ig h ______5, 28, *34 Booneville ______*18 C o n c o r d ______21 Rocky Mount______47 B u d e ______*17 D u r h a m ______*11 W a s h in g to n ______2 7 C lev elan d ______*31 H a n o v e r______*15, 31 W ilm in g to n ______3 — , 6, 29, *39 C o lu m b ia ______*34 K e e n e ______*52 W ilso n ______30 C o lu m b u s______4 —L ittleto n ______*49 Winston-Salem ______12, *26, 45 G reenville______15,21 M a n c h este r______9—, 50, 60 North Dakota: G reenw ood______6, *23 P o rts m o u th ______17 B ism arc k ______*3, 5, 12—, 17, 26 Hattiesburg ______22, *28 New Jersey : Devils Lake______8 + , *22 Ja c k so n ______3 + , 1 2 + , 16, *29,40 Asbury Park______58 D ic k in so n ______2 + . *4 L a u r e l______7,18 Atlantic City______*18, 53 E lle n d ale ______*19 Meridian ______11—, *14, 24,30 B u rlin g to n ______48 F a rg o ------6 ,1 1 + , *13, 15 S e n a to b ia _____ *22 G len Ridge______*77 Grand Forks______*2, 14, 27 State College______*2 + N e w a rk ______18—, 68 Jam estow n ______7—,*23 T u p elo ______New 9 — Brunswick______*19, 47 M in o t------*6 + » 10 — , 13—, 14, 24 V ick sb u rg ______35 P a te r s o n ___ ;______41 P e m b in a ______12 Yazoo City______*32 T renton ______*52 Valley City______4 — Missouri: V ineland ______65 W illis to n ______8 —, 11—, *15 Birchtree ______*20 W ild w o o d ______40 O hio: Bowling Green______*35 New Mexico: A k ro n ______49, *55, 67 Cape Girardeau______12,23, *39 A lam o g o rd o ______*18 A s h ta b u la ______15 C arro llto n ______*18 Albuquerque______4 + , A th e n s ______*20 C o lu m b ia ______8 + , 17 * 5 + , 7 + , 13+ , 14, 23, *32 Bowling Green______*70 Flat River ,______*22 C a rls b a d ______6—, *15, 25 B r y a n ______*27 H an n ib al______7 —C la y to n ______*17 C a n to n ______17, 23 Jefferson C ity ______13,25, *36 Clovis ______12 + C h illic o th e ______53 J o p l i n ______12+ .16, *22 D e m in g ______*16 C in c in n a ti______5—, 9» 12, 19, *48, 64 Kansas C ity ______4, F a rm in g to n ______1 2 + , *15 C leveland______3, 5 + , 8, 19, *25, 61 5 + »9 + »*19,41,50, 62, *68 G a llu p ______3, *8—, 10 C o lu m b u s___4 —, 6 + , 1 0 + , *34, 47, *56 King C ity ______*28 Hatch. ______*12 D a y to n ------2 ,7 + , 16, 22, *45 Kirksville ______3 — Hobbs à ______29 H illsb o ro ______*24 LaPlata ______*21 Las Cruces______22 L im a ______35, 44, *57 Lowry C ity ______*15 Lovington ______* 19 L o r a in ______43 Poplar Bluff ______15, *26 Portalee ______*3 + M a n sfie ld ______*31 R o lla ______*28 R aton _____«______*18 M a r io n ______68 St. J o s e p h ______2 —,16,22 Roswell ______8 ,1 0 —, 21,27, *33 N e w a rk ______*28, 52 St. L o u is ______2, S an ta Fe______2 + , * 9 + , 11—, 19 O x fo rd ______*14 4 —, 5 - , * 9 ,1 1 -, 24, 30, *40 Silver City______6, *10+ P o rts m o u th ______30, 36, *42 Sedalia ______6 — S o c o r r o ______*15 S a n d u s k y ______51 Springfield ______3 + , 10, *21, 27 T u c u m e a ri______*15 Springfield ______26, *66 M ontana: New York: Steubenville ______^ ______9 + , *62 Anaconda ______2 + Albany-Schnectady ______6, T o led o ------11—,13, 24, *30, 54, 60 B illin g s------2, 8, *11,14, 20 10—, 13, *17, 23, 29, 45 W o o d sfield ______*44 B ozem an______*9 A'msterdam ______*39, 55 Y oungstow n______21, 27, 33, 45, *58 Butte ------4, 6 + , *7—, 18,24 Binghamton _____ .___ 12—, 34, 40, *46 Z an e sv ille ___ 2______18 Cut B a n k ______*14 Buffalo ___ _ 2, 4—, 7 + , 17, *23,29,49 O klahom a: Dillon ______C a rth a g e ______7 — A d a ______1 0 + , *22 G lendive______5 + , *16 C o rn in g ______*30 A l t u s ______~______*19 Great Falls ______3 + » 5 + , 16,26, *32 E lm ir a ______18, 36 A rd m o re ______12—, *17 H a rd in ______4 -j. Glens Falls ______*58 B artlesv ille______17 H avre------9 + , 1 1 + , *18 I t h a c a ______* 14, 52 Elk City______8 + , *15

FEDERAL REGISTER, VOL. 31, NO, 35— SATURDAY, FEBRUARY 19, 1966 2946 RULES AND REGULATIONS Channel Channel Channel Oklahoma—Continued No. Tennessee—Continued No. Virginia—Continued No. E n id __ .______20, *26 K in g s p o rt______19 H a rris o n b u rg ______3 — G u y m o n ______*16 Knoxville ______6,10+. 15,26, *43 K en b rid g e______*31 Hugo ------.------*15 Lexington ______*11 Lynchburg ______13, 21, *33 Law ton ______7 + , 16, *27 M emphis’______3 — , Norfolk-Portsmouth-Newport News. 3+, M cA lester______*32 5 + . *10+. 13 + , *14, 24. 30 1 0 + . 27, 33,49, *55 M iami ______*18Murfreesboro ______39 N o rto n ______*47 M u sk o g ee______19 N a s h v ille __ * 2 - , 4 + . 5 .8 + , 17.30, *42 O n a n c o c k ______*25 Oklahoma City______4 —, Sneedville ______*2 + Petersburg ______:------8 5, 9 —,*13,14, 25, 34, 43 Texas: R ic h m o n d ___ 6 + , 12—, *23, 35, *57, 63 T u ls a __ 2 + . 6 . 8 - , * 1 1 -, 23.29. *35,41 A b ilin e ______9 + , 15, *26,32 R o a n o k e ______7 —, 10, *15, 27 W oodward ------A *17 lp in e ______12 — W est P o in t______:------*46 Oregon: A m arillo ______*2 — , 4, 7, 10, 14 Washington: A sto ria ______— ------*21 A u s tin ______7 + , *18. 24, 36, 42 Bellingham ______12+ , 24, *34, 64 B end ______— ------*15 Bay City ______*27 C e n tra lia ______*15 B ro o k in g s______;____ 8 + , *14 B e a u m o n t______6 —, 12 — , 21, *34 E verett ______16 B urns ______* 18 Big Spring______4 — , *14 Pasco ______19 C o rv a llis______Boquillas *7— ______8 — P ullm an ______*10— Eugene ______9 + , 13,16, *28 B ra d y ______13 R ic h la n d ______25, *31 Klamath Palls----- — ______2 - , *22 Brownsville______23 Seattle ______4, 5 + . 7, *9, 22, *28 La G rande______1 3 + , *16 B ry a n ______3 + , * 15 S p o k a n e __ 2 — , 4 — , 6 — , *7+ , 22, 28 M edford ______5 ,1 0 + , *18 Childress ______*21 T aco m a______11 + , 13—, 20, *56, *62 N orth B end______11,*17 Corpus Christ! __ 3—, 6 + , 10—, 28, *38 V ancouver______*14 P o r tla n d ____ 2. 6 + , 8 —. *10.12,24, *30 D a lla s______4 + , 8, *13 + , 29, 39 Walla Walla------14 Roseburg ______Del 44- Rio______10, *24 W e n a tc h e e ------*18 Sal em ______3 + , *22,32 D enton ______*2 Y a k im a ______23, 29, 35, *47 T he Dalles______*17 El Paso!______4, *7, 9, 13, 14. 26, *38 W est V irginia: Pennsylvania: Fort Stockton ______5 + Beckley ______,______;— - — 4 Allentown *______:___ *39,69 F ort W o r th ______5 + , 11—, 21, *31 B lu e fle ld ______'------6—,40 A lto o n a ______10—, 31,48, *57 G a lv esto n ______16, *22 C h a rle s to n ______—------8 + , 23, 29, *49 B e th le h e m ______.______60 Harlingen ______4 + , *44, 60 C la rk s b u rg ------12+ ,46 Clearfield ______H * ouston 3 + . ______2—, F a irm o n t______66 Erie ______12,24.35, *54,66 * 8 .11 + , 13 — , *14. 20, 26, 39 Grandview ______—------*9— Greensburg ______40 Laredo ______8, 13, 27, *39 H u n tin g to n ------3 + , 13 + , *67 H a rris b u rg ______21,27, *33 Longview ------16 Martinsburg ______*44 H a z le to n ______56 L u b b o ck ______*5 — , 11, 13 — , 28, 34 M organtow n______*24 Johnstow n ______6,19, *28 L u f k in ______9 Parkersburg ______15,39, *57 L a n c a s te r______8 —, 15 MnAllen ______48 W eir to n ------*50 L e b a n o n ______59 M a rfa ______3 W esto n ______— 5 Philadelphia ______3, M a rsh a ll______*22, 35 W heeling______7,14,41 6—, 10,17, 23, 29, *35, *57 M id la n d ______2 + , 18 W illiam son______*31 P itts b u rg h ______2 - , M onahans ______9 — W isconsin: 4 + , 11, *13—, *16.22,53 Nacogdoches______19, *32 A p p leto n ______32 R eading _____ 51 Odessa ______7—, 24, 30, *36 Colfax ______*28 S c ra n to n ______16, 22,38, *44. 64 Port Arthur______4 — E au Claire______13+ ,18 State College______25 P re s id io ______— 7 + Fond du Lac______34 Wilkes-Barre ______28 R ic h a rd so n ______,______23 G reen Bay______2 + , 5 + , 11 + .26, *38 Williamsport ______66 R o se n b e rg ______58 Janesville ______— 57 Y o rk ______1 ____ 1 43,49 San Angelo______3 —, 6 + , 8 + , *21 L aC rosse------8 + , 19,25, *31 Rhode Isla n d : San Antonio_ 4. 5. *9 — , 12 + , *23,29, 41 M adison______3,15, *21,27,47 Providence ______1 0 + . 1 2 + , 16, *36, 64 S h e rm a n ______20, *26 M anitowoc ______- 16 South Carolina: S o n o ra ______11 + M ilwaukee______4—, Aiken ____ *44 S w ee tw ate r______12 6, *10 + , 12,18, 24, 30, *36 Allendale ------*14 T e m p le ______6, 28 O sh k o sh ______22 Anderson ______40 T e x a rk a n a ______6 + , 17, *34 R a c in e ______49 B e a u f o r t______*16 T y le r______7, 27, *38 R h in e la n d e r______12 + Charleston ______2 + , 4, 5 + , *7 — V ic to ria ______19, 25 S heboygan______28 C olum bia ______10—, 19,25, *35,57 W aco ______:______10+ , 25, *34, 44 Superior ______6 + ,4 0 C o n w a y ______*23 W eslaco ______;______5— W ausau ______7—, 9, *20,33 Florence ______13+ , 15,21, *33 Wichita Falls______3, 6 - , 18. *24 W yoming: Georgetown ------*41 U tah: C a s p e r______2 + ,*6+, 14,20 G reen v ille______4 —, 16, *29 Cedar City______5, *16 C h e y e n n e ______5 + , *17,27,33 Greenwood _____ *38 L o g a n ______12—, *22 L a n d e r______4 Rock H ill______30, *55 Moab ______*14 L ara m ie ------*8+ Spartanburg ______7 + , 49 M onticello______*16 R a w lin s ------l**r S um ter ______*27 Ogden ______.___ * 9 + , *18, 24,30 R iv e r to n ______10+ S outh D akota: P ric e ______6,*15 Rock Springs______—------13 Aberdeen ______9 —, *16 P r o v o ______*11 + Sheridan , 16 ______7,12+ Brookings ------*8 R ic h fie ld ______13+ , *19 U.S. Territories and Possessions Salt Lake City______2 —, H u ro n ______12+ G uam : Lead ------5 —,11 + 4 —, 5 + , *7 — , 14, 20, *26 St. George______J ------*18 Agana ----- ._------— ------8,10 M itchell ____ ;------*------5 + Puerto Rico: Pierre ______*10+ V e r n a l______- ______3 + , *17 Aguadilla ______*32,44 Rapid City______3 + , 7 + , *9,15,21 V erm ont: Arecibo-Aguadilla----___------124 R e lia n c e ------6 — B u rlin g to n ______3, *33, 63 Arecibo ______——------54,80 Seneca______*2— R u tla n d ______*28 B ay am o n ______— 36 Sioux Falls______11,13+ , 17, *23, 36 St. johnsbury ______:______*20 Caguas ______l l — i *58 Vermillion _____ *2+ W indsor ______*41 V irginia: C arolina ______52 W a te rto w n ______.______3 — Cayey ___—------— — ------■------Tennessee: B lac k sb u rg ___ !______.______*43 F a ja r d o ______13+ , *40 A t h e n s ______— *24 B lu e fle ld ______*63 G uayam a B r is to l______5 + , *28 ______— 46 Chattanooga __!____ 3 + , 9,12 —, *45,61 H u m aco a ______Cookeville ____ *22 Charlottesville ______29, *41, 64 M ay a g u ez ______*3+ .5 — ,16,22 Crossville ______*20 C o u rtla n d ______*36 D anville ______24,44, *56 P o n c e ______7+ , 9 —, 14,20, *26,48 Fayetteville ______*28 San J u a n __ 2 + , 4 —, * 6 + , 18,24,30, *74 Greeneville ______39 Fredericksburg ______*53 Jackson ______7 + , 16, *32 Front Royal______*42 San Sebastian------33 Johnson City ______11—. *41 H am pton _____ 13—, *15 U tuado ______

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2947

Channel rule making concerning an additional assign­ RM-824, General Media Television, Inc. Puerto Rico—Continued No. ment in this area. (Gary, Ind.). Vega B aja------:------64 15. Northeastern Pennsylvania Educa­ RM-827, Crescent Broadcasting Co. (Dur­ Yauco ------42 tional Television Association requests the ham and Raleigh, N.C.). Virgin Islan d s: assignment of Channel *44 instead of *68 as RM-843, Midway Television, Inc. (Flint, Charlotte Amalie______10—, 17, *23, 43 an educational reservation at Scranton, Pa. M ich.). Christiansted ______8 + , 15, *21,27 In the new table Channel *44 has been re­ RM-852, Paul E. Morgan (Palm Springs, served (see paragraph 60). Calif.) Note: Offset designators for UHF channels 16. Orange County Educational Television FM-853, Central Broadcasting Co. (Gas­ are not shown in the table above but will be C om m ittee seeks an educational reservation tonia, N.C.). added in a subsequent order. The appro­ in Orange County, Calif- In the new table RM-877, Monroe Broadcasting Co. (Mon­ priate offset will be shown on-any construc­ C hannel *50 is assigned a t S anta Ana in roe, N.C.). tion permit or license which may be issued that county. RM-879, Apple Valley Broadcasting, Inc. prior thereto. 17. Plains Television Corp., now operating (Kennewick, W ash.). Appendix B on Channel 33 at Champaign, HI., seeks as RM-894, Kentucky Authority for Educa­ signment of Channel 15 there so that it can tional Television (Owenton, Ky.). PETITIONS FOR RECONSIDERATION AND PETITIONS use it at a site near Fithian, 111., from which 3. Disposition of other pending rule mak­ for Rule m ak in g acted on in t h e f if t h the station could also serve Danville (Chan­ ing petitions by actions taken in the Fifth REPORT AND ORDER j f nel 33 could not be used there and meet Report and Order adopted today is as (References to paragraphs are to the te^t of mileage separations). In the new table follow s: the Fifth Report) Channel 36—which can be so used—is as­ RM—802, ■ Waco Broadcasting Corp. seeks signed to Champaign (see paragraph 68). Channel 14 for Waco, Tex., by shifting chan­ Petitions for Reconsideration 18. San Joaquin Valley Community Tele­ nels at Seguin, Tex. Channel 25 has been 1. Thomas A. Barr and James R. Cleary re­ vision Association seeks the assignment of selected as a more efficient assignment (it is quest Channel 44 as a third commercial as­ Channel *18 instead of a higher reserved the lowest of three UHF channels assigned to signment at Huntsville, Ala. Channel 48 is channel at Fresno, Calif. The new table Waco) and is available for commercial use. assigned as a third commercial Huntsville contains the requested assignment. RM—815, Robert J. Parcelles seeks the as­ Channel. 19. Stephens County Broadcasting Co. signment of Channel 63 as a first channel for 2. California Television Advisory Com­ seeks the assignment of Channel 33 as a Herndon, Va. Denied; the scarcity of chan­ mittee requests postponement of final action. first assignment at Toccoa, Ga. In the new nels in the Baltimore-Washington area Petition as such dismissed as moot; see para­ table Channel 32 is so assigned. makes it impossible to assign one to the rela­ graph 58. 20. Tel-Electronics, Inc., seeks a first com­ tively, small community of Herndon, which 3. Central California Education Television mercial assignment (specifically Channel 22) may qualify for a low-power “community” Committee requests a second educational res­ at Pikeville, Ky. The new table contains a station if that use of Channels 70 and above first commercial channel there; pursuant to ervation at Sacramento. Denied; see p ara­ is decided on. graph 57. the principle stated in paragraph 60 Channel RM—820, Upper Valley Television Broad­ 4. Central Carolina Broadcasting Co., Inc., *22 is reserved and 51 is n o t reserved. casters, Inc. requests a switch in the educa­ 21. Trinity Broadcasting Co. seeks Channel tional reservation at Hanover, N.H., to the requests a commercial channel at Lexing­ 20 instead of Channel 40 for its use at Fort ton, N.C. C hannel 20 is assigned. higher of two’channels assigned. The re- Worth, Tex. (it is an applicant). In the ' quest is denied as such, for reasons stated in 5. Chicago Federation of Labor and Indus­ new table Channel 21, the lowest UHF chan­ trial Union Council requests the return of paragraph 60; however, the overall reassign­ nel assigned there, is available for com­ ment has resulted in the selection of lower Channel 38 to Chicago. This reassignment mercial use. has been made; see paragraph 17. channels for Hanover, and Channel 31 is 22. Western New York Educational Tele­ available there for commercial use instead of 6. Continental Gateway Television Corp. vision Association, Inc., licensee of a Buffalo 57. requests reconsideration of the number of educational station opposes the reservation RM-833, Kentucky Authority for Educa­ assignments in the Miami area. Denied; see of its channel. In the new table the res­ paragraph 20. tional Television seeks lower reserved chan­ ervation is withdrawn, leaving one educa­ nels at Ashland, Bowling Green, Elizabeth­ 7. Florida Education Television Commis­ tional reservation. sion, et al., requests the reservation of Chan­ town and Morehead, than those provided in 23. Two petitions for reconsideration of the Fourth Report and Order (which were nel *21 instead of *47 a t Pensacola, Fla. In the Third Report and Order, filed by Cascade *61, *65, *57, and *64, respectively). In th e the new table C hannel *23, th e lowest UHF Broadcasting Co. and Columbia Empire channel assigned, has been reserved. See new table the respective assignments are Broadcasting COrp., have been denied; see *25, *53, *38 an d *23, selected as th e m ost paragraph 60. paragraphs 21, 22, an d 23. efficient assignments and applying the prin­ 8. Des Moines Independent Community ciple set forth in paragraph 60 (the Ashland School District requests the reservation of a P et it io n s for R ule M aking reservation is the lower of two channels, the channel lower th a n C hannel *43. R equest 1. The following rule making petitions Bowling Green reservation is the higher of denied as such, for reasons stated in para­ have been granted to the extent that, on the two UHF channels, and the other two places graphs 59-60; C hannel *43 is th e second low­ Commission’s own motion, first or additional have no commercial assignments). est of 4 Des Moines UHF channels. channels have been assigned in the places RM-856 and RM—857, D. H. Overmyer 9. Georgia State Board of Education (2 pe­ requested in the table of assignments adopt­ Broadcasting Co., permittee at Pittsburgh, titions) : the general petition is denied for ed to d ay : Pa., and Rosenberg, Tex., seeks lower chan­ reasons stated in th e text; C hannel *23 is RM-810, Alabama Educational Television nels in those cities for its stations (39 for assigned at Ashburn, Ga., as requested in the Committee (Louisville, Ala.). other petition. 53 and 14 for 58 respectively); these requests RM-829, Diversa Communications, Inc. were made on the basis of the pattern of as­ 10. Joint Council on Educational Broad­ (Dallas, Tex.). signments adopted in the Fourth Report and casting. General petition denied, for reasons RM-835, D. H. Overmyer Broadcasting Co. Order. These petitions are denied; as stated stated in th e text. (Cincinnati, Ohio). in the text there has been no attempt to 11. Joseph Sadacca and Aaron Rosenson, RM—840, Greater Washington Educational satisfy requests for lower channels, as such, doing business as Joliet Television Co., re­ Television Association, Inc. (Washington, in preparing the new plan. Petitioner may quest the assignment of Channel 14 to Joliet. D.C.). review its requests in light of the new plan The new table contains this assignment. RM-851, Brilliant Music, Inc. (Ventura, and renew them with a showing, as described 12. Lester Kamin requests the assignment Calif.). in paragraph 63, that a requested lower as­ of a channel to Brownsville, Tex. Channel RM-852, Paul E. Morgan (Palm Springs, signment would not result in loss of 23 is assigned. C alif.). efficiency. 13. National Association of Educational RM-870, Electronic Technicians Associa­ RM-876, East Kentucky Broadcasting Broadcasters. Denied, for reasons stated in tions, Inc. (Winston-Salem, N.C.). Corp., requests the assignment of Channel the text, except insofar as some additional 2. The following rule making petitions 22 to Pikeville, Ky., in addition to the re­ educational assignments have been made have been granted to the extent that, in the herein. served channel assigned there. A first com­ further notice of proposed rule making mercial assignment appears warranted and 14. Newport Dunes Hotel requests a com­ adopted today, additions to and changes in Channel 51 is assigned in the new table. In mercial assignment in Orange County, Calif. the table of assignments adopted today are line with the principle stated in paragraph Request denied as such (see paragraph 16); proposed: 60, the lower channel assigned (*22) is we will shortly issued a notice of proposed RM-821, Ben Karns (Richmond, Ind.). reserved for educational use.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 No. 35- 4 2948 RULES AND REGULATIONS

A p p e n d ix O assigned to a specified city and it will provide available assignments, we might have been information as to the actual impact of the The authorizations of the following permittees and reluctant to make the decision. licensee are modified from their present channels to assignments examined before selecting the 4. The decision with respect to cities to be new channels as listed below. channel with the lowest impact. Assignment included for educational assignments was tables are printed both before and after new even more difficult. The desire of educa­ Permittee or licensee, Old New assignments are made, showing the actual tional interests to operate educational tele­ City and State channel channel assignments in the cities and the unassigned vision broadcast stations and the prospects channels remaining available. of obtaining funds for such operation either 2. The underlying principle of the pro­ Camellia City Telecasters, through taxation or other economic support Sacramento, Calif. (KTXL)___ 29 40 gram lies in the selection of each assign­ are two different things. The national sur­ Connecticut State Board of Edu­ ment so that it has the least possible im­ vey of educational television needs con­ cation, Bridgeport, Conn. pact on remaining unassigned -channels. An ducted by NAEB in 1961, represented tenta­ (WCTB)______71 49 “impact” is considered to occur when the Connecticut State Board of tive estimates for all but a few states where Education, Norwich, Conn. assignment of a channel in one place pre­ actual plans were well underway. In many (WCTN)...... 63 53 cludes the assignment of that channel as cases the anticipated needs were for chan­ Plains Television Corp., well as all technically related channèls which nels for classroom instruction use and not Champaign, 111. (WICU)______33 36 would otherwise be available, in the same Indiana State College Board, for educational broadcasting. The Commis­ Terre Haute, Ind, (WlSU-TV)_ 57 26 city or any of several other cities. An “im­ sion has since created the Instructional Tele­ D. H. Overmyer Broadcasting pact” is not considered to occur with re­ vision Fixed Service to provide multiple Co., Newport, Ky. spect to channels which are technically re­ channels for classroom instruction. In only (WS CO-TV)______74 19 lated to the assignment made but which have Westport Television, Inc., a few states have plans for educational tele­ Kansas City, Mo______30 41 already been precluded by some other assign­ vision reached the point of specifying actual Pershing Television Corp., ment. Thus, any assignment made should locations for stations and had their requests Kansas City, Mo______54 62 leave the greatest possible number of un­ Upper Valley Broadcasters, Inc., for needed funds considered by legislative Lebanon, N.H. (WRHL)...... 49 . 31 assigned but available channels. Each pre­ bodies. In all cases, the number of channels Southwestern Ohio Television, cluded assignment is counted and in all cases and places in which assignments would be Inc., Springfield, Ohio where a selection may be made between two used was substantially below the earlier (WSWO-TV)______66 26 or more channels, the channel showing the Rovan Television, Inc., Florence, tentative estimates, and - in a number of S.C______- 23 21 lowest impact count is selected. While the cases locations which had not been reported Trinity Broadcasting Co., Forth computer may be permitted to examine all to NAEB during its survey were requested in Worth, Tex______- 40 21 available assignments in each city in the the final plans. It may be assumed that as Georgia State Board .of Educa­ table, experiments Showed that the pre­ tion, Ashbum, G a.______42 23 additional states complete their plans, simi­ Board of Trustees of Southern ferred channel always fell within the first lar anomalies will occur. Illinois University, Olney, 111__ 45 16 10 channels examined by the computer and 5. Therefore, the Commission had to make Board of Trustees of Vincennes in the plan adopted herein the computer was University, Vincennes, Ind___ 34 22 a compromise between a sufficient number instructed to limit its consideration to the of channels to meet every anticipated edu­ first 10 available assignments in each city. cational need and a sufficient number of This resulted in a substantial saving in ma­ Appendix D unreserved channels to provide a competitive chine time. commercial television broadcasting system. PRINCIPLES EMPLOYED IN THE CREATION OF 3. The selection of the cities to include in As a first step, we have provided channels THE ASSIGNMENT PLAN FOR UHF TELEVISION the assignment plan and the decision as to reserved for educational use so distributed BROADCAST CHANNELS how many assignments to provide in each of that if all are implemented, statewide cov­ the individual cities requires human judg­ erage of each State will be provided from 1. The computer program used for creatingment and cannot be done by the computer. educational television broadcast stations lo­ the UHF assignment plan adopted herein was In general, population may serve as a guide cated within the State. The locations developed in the light of some 20 years of for determining the need for commercial chosen were those named in firm State plans experience in manually constructing assign- channels, but this must take into consider­ or, in the absence of individual State plans, men'. plans, the initial experiments with a ation the overall distribution of popula­ from among the cities listed in the NAEB computer by the National Association of Ed­ tion and the proximity of other large cities, survey. In addition, we have provided two ucational Broadcasters (NAEB), and approxi­ the characteristics of the population, eco­ reserved channels in most of the major met­ mately a year of testing and refining the nomic factors, radio wave propagation over ropolitan centers. Where this has not been program originally produced for use on the various types of terrain, network market con­ done, there is an educational station oper­ Commission’s Univac III computer. A con­ cepts, prospects of future economic and pop­ ating on an unreserved channel or the pat­ siderable amount of flexibility has been pro­ ulation growth, and other interrelated mat­ tern of existing assignments made the as­ vided. The geographic separations between ters. A com m unity of 50,000 or even 100,000 signment of a second educational channel assignments may be varied either upward or might be merely the “bedroom” of a large impossible. As in the case of commercial downward around the required minimum metropolitan center in the East whereas a assignments in cities of less than 25,000 separation, the lowest available channel may 'City of this size in the Rocky Mountain re­ population, we have deferred a decision as to be assigned or the computer may be in­ gions is a major commercial and industrial center. The viewing habits of the public where additional educational assignments structed to examine a specified number of should be made until an actual demand available assignments and to choose the one cause the major networks to consider some having the least impact on remaining avail­ large cities as separate markets whereas in arises. We have not, however, used popula­ able but un as signed channels, the computer other eases two or more similarly large cities tion as a guide for the selection of cities for may be instructed not to make an assign­ are considered to be one market for time­ educational reservations. The cities have ment but merely to print out the channels buying purposes. The normal rate of popu­ been selected from among those named by available for assignment, or it may be in­ lation growth might indicate that a moder­ educational interests, on a geographical ate size community in a rural area will be­ basis without regard to population. structed to make as many assignments as 6. The computer was supplied with a list possible in the cities listed in the table or to come substantially larger in 10 or 15 years. On the other hand, increasing mechaniza­ of the cities to be included in the assign­ make a predetermined number of assign­ ment plan, the geographical coordinates of ments in such cities. The number may be tion of farming may result in a substantial decrease in human labor on farms and a cor­ the standard reference«point (usually the different for every city in the table. In ad­ location of the main post office), the geo­ dition to providing, lists of all assignments, responding decrease in commercial services graphical coordinates of the transmitter sites VHP and UHP, in all cities, the computer pro­ to farm areas which could result in a decline vides information as to the remaining avail­ of all authorized stations and proposed sites in thè population of such communities. of stations for which applications were on able but unassigned UHP channels from The location of a new industrial or Govern­ file as of September 15, 1965, the channels which additional assignments may be chosen ment activity in a comparatively small town assigned to such stations and the geographic for each city, the number of cities in the zone in which the site or reference point is table, the total number of assignments, the might cause it to grow at a much more rapid rate than expected and create a demand for situated as described in our rules relating to number of assignments on each VHP and required minimum geographic cochannel UHP channel, the number of cities in which local TV service where none could have been anticipated. It was the latter uncertainties separations, any VHF channels which are assignments were sought but where the de­ assigned to each city, the total number of sired number of assignments could not be that led to the decision to include only the VHF assignments and the total number of made, and the number of cities with 1, 2, 3, cities above 25,000 population for commer­ UHF assignments in each city and the num­ 4, 5, etc., assignments. The computer may cial assignments in the table and to defer a ber of additional UHF assignments to be be called upon to select a new assignment for decision as to specific assignments to the sought for each city in the table. With this a single city or to create an assignment plan, smaller cities until an actual demand arises. information, the computer creates a “Master for the entire country. It will supply infor­ Were it not for the ability of the computer File” (RMF) assigning each city a City Se­ mation as to why any specified channel or program to keep the Commission constantly quence Number (CSN) in the order in which each of a number of channels may not be apprised of the status of unassigned but the cities were given to the computer. This

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2949 file also includes assignments in Canada and made, is reduced by one. When this number because they were at less than the incre­ Mexico as reflected in th e respective in te r­ becomes zero, the city is considered to be mented geographical separation but were national television agreements. satisfied and no further effort is made to above the minimum geographical separation 7. From the information contained in the make assignments to it. However, a second required by our rules. If the need was con­ RMF the computer calculates the distance assignment if needed is not necessarily made sidered to be great and the possibility of from every location contained in the file to Immediately (or at all) to the city chosen finding an assignment that could be made every other location within 250 miles thereof, for the first assignment. The computer with the 10 and 5 mile geographical flexibil­ and creates a file called the “Reference City” first examines the updated ATF-2 in memory ity was remote, the channel was selected file or “RC”: I t also produces a prelim inary and selects the city now having the fewest and the computer instructed to accept it. assignment table (ATF-1) which merely lists unasslgned available channels (if necessary, In other cases, the channels that were pre­ all existing assignments and the number of repeating the process described above to cluded by only a single conflicting assign­ additional assignments sought in each city eliminate ties). Again the lowest 10 of the ment were first examined to determine if the in the table. Using ATF-1 and RC as inputs, available assignments are examined, the one conflicting assignment could be replaced with the computer then examines all existing as­ having the least impact is selected, and the some other assignment and thereby free the signments, eliminates all assignments which ATF-2 is updated. This process continues channel for use in the city under considera­ are precluded by short spacing to existing as­ until all of the cities have been given the tion. Assignments were found for most of signments and creates an assignment table requested number of additional assignments the unsatisfied cities in this manner. A few (ATF-2) which now contains all existing or there are no remaining available assign­ were satisfied by making changes in two assignments as well as all unassigned chan­ ments for the unsatisfied cities. Because cities. When there were more than two con­ nels which could be assigned to each city of the pending proposal to reserve the UHF flicting assignments, it was not possible to in the table. The program contains the re­ channels above Channel 69 for the proposed find replacement channels in so many cities. quired minimum geographic separations local or “community” type TV stations and There were a few instances where the com­ specified in our rules. These separations may the reservation of Channel 37 for radio puter found it more efficient to assign two be increased by any amount. In this pro­ astronomy observations, these channels are channels to one city and none to a second gram we increased the cochannel separations not available for assignment on the ATF-2. city. By shifting one channel from the city by 10 miles and all of the “taboo” separa­ 11. After the above process has been com­ given two assignments to the city with none tions by 5 m iles. pleted, the computer copies the completely it was possible to achieve a more equitable 8. The computer1 then examines ATF-2 updated ATF-2 from memory and labels this albeit a somewhat less efficient arrangement. and selects the city having the fewest num­ file ATF-3 or the final assignment plan. Finally, there were some cities where it was ber of unassigned but available channels. This file when printed shows the complete as­ impossible to find the desired number of Past experience has shown that cities with signment plan, all unassigned channels still assignments. few remaining possible assignments must be available for assignment at each location in 13. The feature in our computer program considered early or assignments in .other the table, the total number of cities in the that reports the status of unassigned but cities will quickly eliminate even those possi­ table, the total number of VHF and UHF available channels made it possible to pre­ bilities. In the event that there is more assignments both before any new assign­ pare the map shown in Figure 1. This is the than one city with an equally low number ments were added and after, the number of situation after all of the assignments of remaining assignment possibilities, the assignments on each of the VHF and UHF adopted in the corrected table have been computer selects the city with the largest channels, the number of unsatisfied cities made. The area marked “Saturated” in­ number of desired additional assignments. still remaining in the table, and the number cludes all of the locations contained in the If there is still a tie between two or more of cities having 1, 2, 3, 4, 5, etc. channel assignment plan where the computer re­ cities the computer selects the city with the assignments. Each city shows, in addition ported that there are no remaining available lowest sequence number (CSN). Since listed to the assignments made to the city and assignments. It may be possible to secure cities were listed in descending order of remaining available assignments, the num­ a few scattered assignments in that area by population, the larger cities have the lower ber of assignments originally carried for the juggling the assignments adopted in the sequence numbers and in the above situa­ city, the number of new assignments made, Table, particularly those “forced” upon the tion the computer would select the larger and if unsatisfied, the number of additional computer because of outstanding authoriza­ city to break the tie. It is possible to use assignments still needed. The assignment tions or pending applications. There may any input sequence but this is called into tables may be printed in any one of three also be a few scattered spots where new as­ play only for tie-breaking purposes. different arrangements; in State-city alpha­ signments are available away from the ref­ 9. Having selected the first city in the betical order, in the order of population or erence points used for the locations con­ above-described manner, the computer then in the order of the original input sequence. tained in the plan. Locations showing examines the list of unassigned channels The high speed printer used with the com­ from 1 to 10 unassigned but available chan­ which are available for use in the city under puter will print a complete assignment table nels are included in the area marked consideration, starting with the lowest num­ containing 1,000 cities in approxim ately 5 “Scarce.” This is a statistical appraisal, bered channel. The channel shown as avail­ minutes. In a computer with a 24,000 word since the total number of assignments that able contain the 10-mile cochannel and 5- memory, a complete nationwide assignment may be made in a single city or for that mile “taboo” channel geographic flexibility plan using the above described program, may matter, in the entire area depends upon added in the previous run. The computer be created in approximately 6 hours of ma­ which channels are available. For example, may be told to examine any number of avail­ chine time. The present computer at the if the five “available” channels in a given able assignments. If it were told to examine Commission has an 8,000 word memory and city are grouped consecutively, only one only one channel it would select the lowest can handle only 200 cities at one time. Thus, channel may actually be assigned because available channel. If it were told to examine an entire nationwide plan requires that the the other four would be precluded by the 50 channels it would examine every avail­ country be divided into a number of separate “taboos”. If the same channel is shown to able assignment until it had examined 50 but overlapping areas. The overlap is neces­ be available in five different cities within a or had run out of available channels for that sary so that existing assignments outside the radius of 150 miles, the channel may be used city, in the plan adopted herein the com­ assignment area may be considered before in only one of the cities. On the other puter was instructed to examine the lowest new assignments are selected. Approximately hand, if all of the channels shown available 10 available channels. Each available chan­ two-thirds of the plan adopted herein was in a single city are spaced at six-channel in­ nel is examined in turn to determine how created on the 32,000 word memory, Univac tervals or otherwise disposed so that they many other available assignments would be III owned by the National Geographic Society are not precluded by the “taboos,” then all precluded in the same city and other cities, through a time-rental arrangement. Since may be used in that city. Tests have indi­ if that channel were selected. In each case the program causes the computer to make cated that if the number of remaining avail­ where an otherwise available assignment is assignments first in the difficult assignment able assignments shown for each location in precluded it is counted as an impact of one. areas, the remaining third of the plan which a reasonably large area are totaled, approxi­ After having examined the requested 10 was completed on our computer involved mately 20 percent of the total number may channels, the computer then selects the areas where available assignments are actually be used to provide additional channel with the lowest impact total and plehtiful. assignments. makes the assignment to the city under 12. The initial assignment plan created by 14. Locations showing from 10 to 20 unas­ consideration. the computer was examined to determine signed but available channels are included 10. The assignment table (ATF-2) which which were the unsatisfied cities. It was in the area marked “Adequate.” The flexi­ is stored in the computer memory, is im­ then interrogated as to why each channel bility possible with so wide a choice of chan­ mediately updated to add the selected between 14 and 69 inclusive could not be nels would appear to make it possible to assignment and delete the assignments that assigned to each of the unsatisfied cities. meet any reasonable foreseeable demand for now precluded by the new assignment. The print-out of this interrogation shows the channels although shortages may be expected This updating is still based on the 10 mile city under consideration and for each chan­ to develop around a few of the largest cities. and 5 mile geographic flexibility carried nel the assignments and actual distance to The area labeled “Plentiful” includes loca­ throughout this program. At the same time, the cities which prevent the use of the chan­ tions showing more than 20 unassigned but the number of additional assignments sought nel in the city under consideration. In some available channels. Here again, unexpected for the city in which the new assignment was cases, certain channels had been excluded developments could create shortages in spe-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2950 RULES AND REGULATIONS ciflc places but this does not appear to be a ppsed amendments to § 77.823 of the markings or placards in accordance with likely contingency. said regulations, and stating that con­ the following requirements. 15. The program used for the création ofsideration was to be given thereto, was (1) The marking or placards required the assignment plan adopted herein will be F ederal R eg ister o n to be displayed on each motor vehicle or used for selecting new assignments to be published in the added to the table. One of the features of October 1,1965 (30 F.R. 12543), pursuant trailer shall be as follows: the program is an area selection option. It to the provisions of section 4 of the Type of is possible to select a single location or a Administrative Procedure Act; that pur­ C om m odity m arking or placard number of different locations in the same suant to said notice interested parties Explosives, class A, any EXPLOSIVES A general area and have the computer choose were given an opportunity to be heard quantity or a combina- (red letters on the most efficient assignment for either the with respect to said proposed amend­ tio n of class A an d class w li i t e back- single city or a number of different cities, ments; that written views or arguments 13 explosives. ground). without affecting the remainder of the coun­ Explosives, class B, any EXPLOSIVES B try. Petitions for such additions to the table were submitted to the Commission with quantity. (red letters on may be filed by prospective applicants who respect to the proposed amendments; white back- are prepared to proceed promptly with the And it further appearing that said ^ * ground). construction and operation of new commer­ views and arguments with respect to the Poison, class A, any quan- POISON cial or educational UHF television broadcast proposed amendments are such as to tity; Poison, class B, (blue letters on stations if authorized to do so. Such peti­ warrant revision at this time of certain 1,000 pounds or more white back- tions should supply the geographic coordi­ of the proposed amendments; that the gross weight. ground). nates of specific proposed transmitter sites Flam m able liquid, 1,000 FLAMMABLE (particularly if the contemplated site is more views advocating adoption of the Na­ pounds or more gross (red letters on than 5 miles from the standard reference tional Fire Protection Association’s sys­ weight: Flammable white back- point for the city) and assignments will be tem for the Identification of the Fire solid, 1,000 pounds or ground), chosen which may be used at such sites. As­ Hazards of Materials, published in NFPA more gross weight. signments made at standard reference points Pamphlet No. 704M, have been con­ Oxidizing m aterial—1,000 OXIDIZERS for cities may be somewhat restrictive in the sidered and that said system, although pounds or more gross (yellow letters choice of transmitter sites. Petitions by appropriate for industrial plant or stor­ weight. on black back­ different prospective applicants proposing ground) . different sites to serve the same city may re­ age locations, is deemed inappropriate Nonflam m able com- COMPRESSED sult in the selection of different channels and impracticable for the purposes of p r e s se d gas^—1,000 GAS since the channel selected for one location transportation; that of the diversified pounds or more gross (green letters on may not be the most efficient, or may not views and comments received from w eight. white back­ even be available at the other location. Peti­ shippers, carriers, industrial associations ground). tions need not specify a channel since the and others, certain of them are con­ Corrosive l i q u i d — 1,000 CORROSIVES computer will be used to select the most sidered to be of such substance and pounds or more gross (blue letters on efficient assignment in any case. However, validity to (1) cause withdrawal of the w eight. white back­ petitioners requesting additional assignments ground) . in the areas known to be “saturated” must proposal to mark motor vehicles contain­ Flam m able compressed FLAMMABLE GAS make a preliminary determination that a new ing chlorine or anhydrous ammonia as gas—1,000 pounds or (red letters on assignment is possible and report the result “POISON GAS,” (2) withdraw the pro­ more gross weight. white back­ of such determination. Changes and dele­ posal requiring the marking of the front ground). tions of assignments currently in the table of the power unit, (3) retain the present Radioactive material—re- RADIOACTIVE may be required. Petitioners desiring marking requirements for nonflammable qulring red label—any (black letters on changes in the assignments selected by the compressed gases but modified in con­ quantity. yellow back­ computer must include a showing as to the ground) . change desired and the difference in impact sonance with the tenor of the proposed Mixed ladings—see sub- DANGEROUS between the channel in the table and the revision of § 77.823, (4) raise the mini­ paragraph (a) (4) of (red letters on proposed substitute channel. This may be mum weight requirement, from 500 this section. white back­ done by comparing the number of possible pounds to 1,000 pounds or more gross ground) . assignments released by removal of the cur­ weight, below which exemption from rent assignment, with the number of pos­ marking is provided certain commodities, (2) Each marking or placard shall sible assignments precluded by the pro­ and (5) make provision for the continued consist of letters not less than 4 inches posed substitute assignment. display of permanent markings on tank high, in the color specified, using a %- [FJEt. Doc. 66-1706; Filed, Feb. 18, 1966; motor vehicles in compliance with the inch stroke. The placard must be larger 8:45 a m .] regulations prior to the effective date of than the lettering required thereon by at this order until such vehicles are re­ least 1 inch on all sides. Such marking painted or remarked but no later than or placard described in subparagraph (1) January 1, 1967. In all other respects of this paragraph shall be contained in Title 49— TRANSPORTATION an area on the vehicle which has no other the proposed amendments set forth in marking, lettering, or graphic display, for Chapter I— Interstate Commerce the above-referred-to Notice No. 69, with minor changes for clarification, are at least 6 inches in each direction, except Commission as specified in subparagraph (4) of this deemed justified and necessary; ‘ paragraph and paragraph (c) of this sec­ [Docket No. 8666; Order 69] It is ordered, That the aforesaid regu­ lations governing the transportation of tion. PART 77— SHIPMENTS MADE BY WAY explosives and other dangerous articles (3) Such markings or placards shall OF COMMON, CONTRACT, OR PRI­ be displayed at the front, rear, and on be, and they are hereby, amended in the each side of any motor vehicle, trailer, or VATE CARRIERS BY PUBLIC HIGH­ manner and to the extent set forth as other cargo carrying body while it con­ WAY follows: tains an explosive or other dangerous Required Exterior Marking on Motor Amend entire § 77.823 (29 F.R. 18799, article of such type and in such quantity Dec. 29, 1964) to read as follows: as specified in subparagraph (1) of this Vehicles and Combinations paragraph and paragraphs (b) and (c) § 77.823 Required exterior marking on At a session of the Interstate Com­ motor vehicles and combinations. - of this section. merce Commission, Explosives and Other (4) Any motor vehicle, trailer, or other Dangerous Articles Board, held at Wash­ (a) Every carrier operating, hauling,cargo carrying body containing more ington, D.C., on the 11th day of February or in any manner using, a motor vehicle than one kind of dangerous article in 1966. or trailer containing any explosive or quantities which would require more than The matter of certain regulations gov­ other dangerous article as specified in one marking or placard under the pro­ erning the transportation of explosives subparagraph (1) of this paragraph and visions of subparagraph (1) of this para­ and other dangerous articles, formulated paragraph (b) of this section shall cause graph or any combination of dangerous and published by the Commission, being every motor vehicle, trailer, or combina­ commodities with a combined weight of under consideration and, tion vehicle, at all times while containing 1,000 pounds or more gross weight shall, It appearing, that Notice No. 69, dated such explosive or other dangerous article, instead of being marked or placarded September 21, 1965, setting forth pro- or combination of such articles, to display as required by that subparagraph, be

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2951 marked or placarded “DANGEROUS.” clusively for transportation of the article Order No. 907, as amended (7 CFR Part Any such vehicle which contains any for which such marking is required. 907), regulating the handling of Navel quantity of class A explosives shall dis­ It is further ordered, That this order oranges grown in Arizona and designated play the marking “EXPLOSIVES A” in shall become effective September 1,1966, part of California, effective under the addition to the marking “DANGEROUS.” and shall remain in effect until further applicable provisions of the Agricultural (5) In any combination of two or more order of the Commission; Marketing Agreement Act of 1937, as vehicles containing two or more classes It is further ordered, That compliance amended (7 U.S.C. 601-674), and upon of explosives or other dangerous articles with the herein prescribed and amended the basis of the recommendations and requiring different markings or placards, regulations is hereby authorized on and information submitted by the Navel the front and rear of the combination of after the date of service of this order; Orange Administrative Committee, es­ such vehicles shall be marked or pla­ And it is further ordered, That copies tablished under the said amended mar­ carded “DANGEROUS” in addition to of this order be served upon all parties keting agreement and order, and upon other markings or placards required by of record herein, and that notice shall be other available information, it is hereby this section regardless of which vehicle given to the general public by depositing found that the limitation of handling of or vehicles contain such articles! a copy in the Office of the Secretary of such Navel oranges, as hereinafter pro­ (b) Tank motor vehicles: the Commission at Washington, D.C., vided, will tend to effectuate the declared (1) Every tank motor vehicle or tank and by filing a copy thereof with the Di­ policy of the act. trailer used for the transportation of any rector, Office of the Federal Register. (2) It is hereby further found that it explosive or other dangerous article, re­ (62 S tat. 738, 74 S tat. 808; 18 U.S.C. 834) is impracticable and contrary to the pub­ gardless of quantity or whether loaded or lic interest to give preliminary notice, empty, shall be marked or placarded in By the Commission, Explosives and engage in public rule-making procedure, accordance with the requirements of Other Dangerous Articles Board. and postpone the effective date of this paragraph (a) of this section except as [seal] H. N e il G arson, section until 30 days after publication otherwise provided in subparagraphs (2), Secretary. hereof in the F ederal R eg ister (5 U.S.C. (3), and (4) of this paragraph: Provided, [F.R. Doc. 66-1801; Filed, Feb. 18, 1966; 1001-1011) because the time interven­ however, That no such marking or plac­ 8:47 a.m.] ing between the date when information ard shall be displayed during such time upon which this section is based became as such vehicle or trailer is laden only available and the time when this section with a commodity not classified as a Title 7— AGRICULTURE must become effective in order to effec­ dangerous article. - tuate the declared policy of the act is in­ Chapter I— Consumer and Marketing Note 1: Permanent markings on tank sufficient, and a reasonable time is per­ motor vehicles in compliance with the regu-. Service (Standards, Inspections, mitted, under the circumstances, for lations prior to Septem ber 1, 1966, m ay be Marketing Practices), Department preparation for such effective time; and displayed until such vehicles are repainted of Agriculture good cause exists for making the provi­ or remarked but no later than January 1, sions hereof effective as hereinafter set 1967. SUBCHAPTER C— REGULATIONS AND STANDARDS forth. The committee held an open (2) Tank motor vehicles transporting UNDER THE AGRICULTURAL MARKETING ACT meeting during the current week, after gasoline may be marked or placarded OF 1946 giving due notice thereof, to consider “GASOLINE” in lieu of the required PART 55— GRADING AND INSPEC­ supply and market conditions for navel “FLAMMABLE” marking or placard and TION OF EGG PRODUCTS oranges and the need for regulations; in­ in the same size and color as required for terested persons were afforded an oppor­ the “FLAMMABLE” marking or placard. PART 70— GRADING AND INSPEC­ tunity to submit information and views (3) Tank motor vehicles transporting TION OF POULTRY AND EDIBLE at this meeting; the recommendation and any flammable compressed gas shall be PRODUCTS THEREOF; AND UNITED supporting information for regulation marked in letters at least 6 inches high STATES CLASSES, STANDARDS, AND during the period specified herein were with the words “FLAMMABLE GAS” or GRADES WITH RESPECT THERETO promptly submitted to the Department “FLAMMABLE COMPRESSED GAS” after such meeting was held; the provi­ and in letters at least 2 inches high with Miscellaneous Amendments sions of this section, including its effec­ the common name of the contents. Correction tive time, are identical with the afore­ (4) Tank motor vehicles transporting said recommendation of the committee, any nonflammable compressed gas shall In F.R. Doc. 66-1659 appearing at page and information concerning such provi­ be marked in letters not less than 6 2771 in the issue for Wednesday, Febru­ sions and effective time has been dis­ inches high with the words, “COM­ ary 16, 1966, the last two lines of § 55.15 seminated among handlers of such navel PRESSED GAS” and in letters at least 2 now read: “of identification furnished by oranges; it is necessary, in order to effec­ inches high with the common name of the Department by such person.” They tuate the declared policy of the act, to the contents. are corrected to read: “of identification make this section effective during the furnished by the Department to such per­ (c) In addition to displaying the son.” Also, the amendatory language in period herein specified; and compliance marking or placards required by para­ item D. 4. now reads: “The heading for with this section will not require any graphs (a) and (b) of this section, a §§ 70.137 and 70.138 are hereby amended special preparation on the part of per­ carrier shall display markings or plac­ to read, respectively:”. It is corrected to sons subject hereto which cannot be ards reading “CARGO FIRE—AVOID completed on or before the effective date WATER” or words of similar meaning read: “The heading for § 70.137 and that denote the incompatibility of water § 70.137 are hereby amended to read, hereof. Such committee meeting was with the lading, in letters at least 2 inches respectively:”. held on February 17,1966. nigh, when such wording is specified or (b) Order. (1) The respective quan­ requested by the shipper on the shipping Chapter IX— Consumer and Marketing tities of Navel oranges grown in Arizona Papers, or when the carrier knows that Service (Marketing Agreements and and designated part of California which such warning is appropriate. Such Orders; Fruits, Vegetables, Nuts), may be handled during the period begin­ wording shall be displayed immediately Department of Agriculture ning at 12:01 a.m., P.s.t., February 20, adjacent to all required marking or plac­ 1966, and ending at 12:01 a.m., P.s.t., ards on the truck, trailer or trailers con­ [Navel Orange Reg. 101] February 27, 1966, are hereby fixed as taining the commodity involved. PART 907— NAVEL ORANGES follows: (d) The marking or placarding re­ GROWN IN ARIZONA AND DESIG­ (1) District 1: 900,000 cartons; quired by this section shall be removed NATED PART OF CALIFORNIA (ii) District 2: 400,000 cartons; from or covered on any motor vehicle (iii) District 3: Unlimited movement; to which it is attached when such vehicle Limitation of Handling (iv) District 4: Unlimited movement. does not contain the article for which § 907.401 Navel Orange Regulation 101. (2) As used in this section, “handled,” the marking is required, except in the (a) Findings. (1) Pursuant to the“District 1,” “District 2,” “District 3,” case of tank motor vehicles used ex­ marketing agreement, as amended, and “District 4,” and “carton” have the same

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2952 RULES AND REGULATIONS meaning as when used in said amended handlers of such Valencia oranges; it is under the circumstances, for preparation marketing agreement and order. necessary, in order to effectuate the de­ for such effective time; and good cause (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. clared policy of the act, to make this exists for making the provisions hereof 601-674) section effective during the period herein effective as hereinafter set forth. The specified; and compliance with this sec­ committee held an open meeting during Dated: February 18, 1966. tion will not require any special prepara­ the current week, after giving due notice P aul A. N ic h o l so n , tion on the part of persons subject hereto thereof, to consider supply and market Deputy Director, Fruit and Veg­ which cannot be completed on or before conditions for lemons and the need for etable Division, Consumer and the effective date hereof. Such commit­ regulation; interested persons were af­ Marketing Service. tee meeting was held on February 17, forded an opportunity to submit infor­ mation and views at this meeting; the [F.R. Doc. 66-1909; Filed, Feb. 18, 1966; 1966. 11:37 a m .) (b) Order. (1) The respective quan­recommendation and supporting infor­ tities of Valencia oranges grown in Ari­ mation for regulation during the period zona and designated part of California specified herein were promptly submitted [Valencia Orange Reg. 147] which may be handled during the period to the Department after such meeting PART 908— VALENCIA ORANGES beginning at 12:01 a.m., P.s.t., February was held; the provisions of this section, 20,1966, and ending at 12:01 ajn., P.s.t., including its effective time, are identical GROWN IN ARIZONA AND DESIG­ February 27, 1966, are hereby fixed as with the aforesaid recommendation of NATED PART OF CALIFORNIA follows: the committee, and information con­ (1) District 1: Unlimited movement; cerning such provisions and effective Limitation of Handling (ii) District 2: Unlimited movement; time has been disseminated among han­ § 908.447 Valencia Orange Regulation (iii) District 3: 28,318 cartons. dlers of such lemons; it is necessary, 147. (2) As used in this section, “handled,” in order to effectuate the declared policy (a) Findings. (1) Pursuant to the“handler,” “District 1,” “District 2,” of the act, to make this section effective marketing agreement, as amended, and “District 3,” and “carton” have the same during the period herein specified; and Order No. 908, as amended (7 CFR Part meaning as when used in said amended compliance with this section will not 908), regulating the handling of marketing agreement and order. require any special preparation on the part of persons subject hereto which Valencia oranges grown in Arizona (Secs. 1-19, 48 Stat. 31, as amended; 7 TJ.S.C. cannot be completed on or before the and designated part of California, 601-674) effective date hereof. Such committee effective ' under the applicable pro­ Dated: February 18, 1966. meeting was held on February 15, 1966. visions of the Agricultural Marketing (b) Order. (1) The respective quan­ Agreement Act of 1937, as amended (7 P aul A. N ic h o l so n , U.S.C. 601-674), and upon the basis of Deputy Director, Fruit and Veg­ tities of lemons grown in California and the recommendations and information etable Division, Consumer and Arizona which may be handled during Marketing Service. the period beginning at 12:01 a.m., P.s.t., submitted by the Valencia Orange Ad­ February 20, 1966, and ending at 12:01 ministrative Committee, established un­ [F.R. Doc. 66-1910; Filed, Feb. 18, 1966; am., P.s.t., February 27, 1966, are hereby der the said amended marketing agree­ 11:37 a m .] fixed as follows: ment and order, and upon other available (1) District 1: 21,390 cartons; information, it is hereby found that the (ii) District 2: 1-72,050 cartons; limitation of handling of such Valencia [Lemon Reg. 202] oranges, as hereinafter provided, will (iii) District 3: Unlimited movement. tend to effectuate the declared policy of PART 910— LEMONS GROWN IN (2) As used in this section, “handled,” CALIFORNIA AND ARIZONA “District 1,” “District 2,” “District 3,” the act. and “carton” have the same meaning as (2) It is hereby further found that it Limitation of Handling when used in the said amended market­ is impracticable and contrary to the ing agreement and order. public interest to give preliminary notice, § 910.502 Lemon Regulation 202. engage in public rule-making procedure, (Secs. 1-19,48 Stat. 31, as amended; 7 U.S.C. (a) Findings. (1) Pursuant to the601-674) and postpone the effective date of this marketing agreement, as amended, and section until 30 days after publication Order No. 910, as amended (7 CFR Part Dated: February 17, 1966. hereof in the F ederal R eg ister (5 U.S.C. 910), regulating the handling of lemons P aul A. N ich o lso n , 1001-1011) because the time intervening grown in California and Arizona, effec­ Deputy Director, Fruit and Veg­ between the date when information upon tive under the applicable provisions of etable Division, Consumer and which this section is based became avail­ the Agricultural Marketing Agreement able and the time when this section Marketing Service. must become effective in order to effec­ Act of 1937, as amended (7 U.S.C. 601- [F.R. Doc. 66-1818; Filed, Feb. 18, 1966; tuate the declared policy of the act is 674), and upon the basis of the recom­ 8:47 a.m .] insufficient, and a reasonable time is per­ mendations and information submitted mitted, under the circumstances, for by the Lemon Administrative Committee, preparation for such effective time; and established under the said amended PART 912— GRAPEFRUIT GROWN IN marketing agreement and order, and INDIAN RIVER DISTRICT IN FLORIDA good cause exists for making the pro­ upon other available information, it is visions hereof effective as hereinafter set Reporting Certain Shipments forth. The committee held an open hereby found that the limitation of han­ meeting during the current week, after dling of such lemons, as hereinafter pro­ Pursuant to the marketing agreement, giving due notice thereof, to consider vided, will tend to effectuate the declared as amended, and Order No. 912, as supply and market conditions for Valen­ policy of the act. amended (7 CFR Part 912), regulating cia oranges and the need for regulation; (2) It is hereby further found that it the handling^of grapefruit grown in the interested persons were afforded an op­ is impracticable and contrary to the Indian River District in Florida, effec­ portunity to submit information and public interest to give preliminary notice, tive under the applicable provisions of views at this meeting; the recommen­ engage in public rule-making procedure, the Agricultural Marketing Agreement dation and supporting information for and postpone the effective date of this Act of 1937, as amended (7 U.S.C. 601- regulation during the period specified section until 30 days after publication 674), the Indian River Grapefruit Com­ herein were promptly submitted to the ■hereof in the F ederal R egister (5 U.S.C. mittee, the administrative agency estab­ Department after such meeting was 1001-1011) because the time intervening lished under said amended marketing held; the provisions of this regulation, in­ between the date when information upon agreement and order, has recommended cluding its effective time, are identical which this section is based became avail­ an addition to the rules and regulations, with the aforesaid recommendation of able and the time when this section must hereinafter set forth, to effectuate the the committee, and information con­ become effective in order to effectuate provisions of said amended marketing cerning such provisions and effective the declared policy of the act is insuffi­ agreement and order. It is found that time has been disseminated among cient, and a reasonable time is permitted, the addition, as hereinafter set forth, to

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2953

the currently effective Rules and Regula­ amended marketing agreement and or­ PART 913— GRAPEFRUIT GROWN IN tions (7 CFR Part 912.120) is in accord­ der, and upon other available informa­ THE INTERIOR DISTRICT IN FLORIDA ance with the provisions of the said tion, it is hereby found that the limita­ amended marketing agreement and tion of handling of such grapefruit, as Reporting Certain Shipments order and will tend to effectuate the de­ hereinafter provided, will tend to effec­ Pursuant to the marketing agreement clared policy of the act and, accordingly, tuate the declared policy of the act. and Order No. 913 <7 CFR Part 913; 30 such addition is hereby approved. (2) It is hereby further found that it F.R. 15204) regulating the handling of It is hereby further found that it is is impracticable and contrary to the pub­ grapefruit grown in the Interior District impracticable, unnecessary, and contrary lic interest to give preliminary notice, in Florida, effective under the applicable to the public interest to give preliminary engage in public rule-making procedure, provisions of the Agricultural Marketing notice, engage in public rule-making and postpone the effective date of this Agreement Act of 1937, as amended (7 procedure, and postpone the effective section until 30 days after publication U.S.C. 601-674), the Interior Grapefruit date hereof beyond the date of publica­ hereof in the F ederal R egister (5 U.S.C. Marketing Committee, the administra­ tion in the F ederal R eg ister (5 U.S.C. 1001-1011) because the time intervening tive agency established under said mar­ 1001-1011), in that (1) shipments of between the date when information upon keting agreement and order, has recom­ grapefruit grown in the Indian River which this section is based became avail­ mended the following rules and regula­ District are now being made; (2) the able and the time when this section must tions, hereinafter set forth, to effectuate volume of such grapefruit shipped by in­ become effective in order to effectuate the provisions of the said marketing dividual handlers during any week is the declared policy of the act is insuffi­ agreement and order. It is found that subject to such limitations as may be cient, and a reasonable time is permitted, the following rules and regulations are in necessary to effectuate the declared pol­ under the circumstances, for preparation accordance with the provisions of the icy of the act; (3) it is necessary that for such effective time; and good cause exists for making the provisions hereof said marketing agreement and order and such handlers identify any shipments of will tend to effectuate the declared policy grapefruit grown outside the Indian effective as hereinafter set forth. The committee held an open meeting during of the act and, accordingly, such rules River District in order that compliance and regulations are hereby approved. with such limitations can be ascertained; the current week, after giving due notice It is hereby further found that it is and (4) such identification will not re­ thereof, to consider supply and market impracticable, unnecessary, and con­ quire of any handlers any preparation conditions for Indian River grapefruit, therefor which cannot be completed prior and the need for regulation; interested trary to the public interest to give pre­ to the effective time hereof. persons were afforded an opportunity to liminary notice, engage in public rule- The addition is as follows: submit information and views at this making procedure and postpone the meeting; the recommendation and sup­ effective date beyond the date of publi­ § 912.150 Reporting certain grapefruit porting information for regulation dur­ cation in the F ederal R egister (5 U.S.C. shipments. ing the period specified herein were 601-674) in that (1) shipments of grape­ Whenever a handler ships grapefruit promptly submitted to the Department fruit grown in the Interior District are from the Indian River District which after such meeting was held; the provi­ now being made; (2) the volume of such was not grown in that district, he shall sions of this section, including its grapefruit shipped by individual han­ make a notation on the copy of the mani­ effective time; are identical with the dlers during any week is subject to such fest of such shipment which he furnishes aforesaid recommendation of the com­ limitations as may be necessary to to the Federal State Inspection Service mittee, and information concerning such effectuate the declared policy of the act ; clearly indicating that the grapefruit provisions and effective time has been (3) it is necessary that such handlers contained in the shipment was not grown disseminated among handlers of such identify any shipments of grapefruit in the Indian River District. Indian River grapefruit; it is necessary, grown outside the Interior District in order that compliance with such limita­ (Secs. 1-19, 48 S tat. 31, as amended; 7 U.S.C. in order to effectuate the declared policy 601-674) of the act, to make this section effec­ tions can be ascertained; and (4) such tive during the period herein specified; identification will not require of any Dated February 15, 1966, to become and compliance with this section will not handler any preparation therefor which effective upon publication in the F ederal require any special preparation on the cannot be completed by the effective time R egister. part of persons subject hereto which hereof. P aul A. N ic h o l so n , cannot be completed on or before the The rules and regulations are as Deputy Director, Fruit and Veg­ effective date hereof. Such committee follows: etable Division, Consumer and meeting was held on February 17, 1966. Marketing Service. (b) Order. (1) The quantity of grape­§ 913.150 Reporting certain grapefruit [F.R. Doc. 66-1789; Filed, Feb. 18, 1966; fruit grown in the Indian River District shipments. 8:46 a.m.] which may be handled during the period Whenever a handler ships grapefruit beginning at 12:01 a.m., e.s.t., February from the Interior District which was not [Grapefruit Reg. 32] 21, 1966, and ending at 12:01 a.m., e.s.t., grown in that district, he shall make a February 28, 1966, is hereby fixed at PART 912— GRAPEFRUIT GROWN IN notation on the copy of the manifest 195,000 standard packed boxes. of such shipment which he furnishes to INDIAN RIVER DISTRICT IN FLORIDA (2) As used in this section, “handled,” “Indian River District,” “grapefruit,”, the Federal-State Inspection Service Limitation of Handling and “standard packed box” have the clearly indicating that the grapefruit § 912.332 Grapefruit Regulation 32. same meaning as when used in said contained in the shipment was not amended marketing agreement arid grown in the Interior District. (a) Findings. (1) Pursuant to the order. (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. marketing agreement, as amended, and 601-674) Order No. 912, as amended (7 CFR Part (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 912), regulating the handling of grape­ 601-674) Dated, February 15, 1966, to become fruit grown in the Indian River District Dated: February 17,1966. effective upon publication in the F ederal in Florida, effective under the applicable R eg ister. F loyd F . H edlund, provisions of the Agricultural Marketing P aul A. N ic h o l so n , Agreement Act of 1937, as amended (7 Director, Fruit and Vegetable Deputy Director, Fruit and Veg­ U.S.C. 601-674), and upon the basis of Division, Consumer and Mar­ etable Division, Consumer the recommendations and information keting Service. and Marketing Service. submitted by the Indian River Grapefruit [F.R. Doc. 66-1874; Filed, Feb. 18, 1966; [F.R. Doc. 66-1790; Filed, Feb. 18, 19665 Committee, established under the said 8:47 a.m.] 8:46 a m .]

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2954 RULES AND REGULATIONS

[G rapefruit Reg. 4] (2) As used in this section, “handled,” Sec. “Interior District,” “grapefruit,” and 1486.152 Exporter. PART 913— GRAPEFRUIT GROWN IN “standard packed box” have the same 1486.153 Flaxseed and Linseed Oil. THE INTERIOR DISTRICT IN FLORIDA 1486.154 United States. meaning as when used in said marketing 1486.155 Vice President. Limitation of Handling agreement and order. 1486.156 Official weight and inspection cer­ (Secs. 1-19, 48 S tat. 31, as am ended; 7 TJ.S.C. tificates. § 913.304 Grapefruit Regulation 4. 601-674) 1486.157 United States Government agency. (a) Findings. (1) Pursuant to the Dated: February 17,1966.' Au t h o r it y : The provisions of this su b p art marketing agreement and Order No. 913 issued un d er secs. 4 an d 5, 62 S tat. 1070 and (7 CFR Part 913; 30 F.R. 15204), regulat­ P aul A. N ic h o l so n , 1072, as am ended, 15 U.S.C. 714b and 714c; ing the handling of grapefruit grown in Deputy Director, Fruit and Veg­ sec. 407, 63 S tat. 1055, as am ended, 7 U.S.C. the Interior District in Florida, effective etable Division, Consumer and 1427; sec. 201(a), 70 S tat. 198, 7 UJS.C. 1851. under the applicable provisions of the Marketing Service. § 1486.101 General statement. Agricultural Marketing Agreement Act of [F.R. Doc. 66-1819; Filed, Feb. 18, 1966; 1937, as amended (7 U.S.C. 601-674), 8:47 a.m.] Commodity Credit Corporation (re­ and upon the basis of the recommenda­ ferred to in this subpart as “CCC”) will tions and information submitted by the conduct an export program pursuant to Interior Grapefruit Marketing Commit­ Chapter XIV— Commodity Credit Cor­ the terms and conditions of this subpart tee, established under the said marketing poration, Department of Agriculture under which it will make payments to agreement and order, and upon other exporters in connection with the ex­ available information, it is hereby found SUBCHAPTER C— EXPORT PROGRAMS portation of flaxseed or linseed oil. Ex­ that the limitation of handling of such [Announcement PS-GR-4, Rev. I] port payments will be made in the form grapefruit, as hereinafter provided, will of export commodity certificates which, tend to effectuate the declared policy of PART I486— FLAXSEED AND LINSEED if unexpired, are redeemable in flaxseed the act. OIL or linseed oil pursuant to the terms and conditions of this subpart, or in any (2) It is hereby further found that Subpart— Flaxseed and Linseed Oil it is impracticable and contrary to the commodity offered for export sale under public interest to give preliminary notice, Export Payment-in-Kind Program a CCC regulation' or announcement pro­ engage in public rule-making procedure, Terms and Conditions viding for redemption of such certifi­ and postpone the effective date of this In order to revise the method of ob­ cates. Other commodities available for section until 30 days after publication the redemption of certificates and the taining export payments and to incor­ regulations and announcements provid­ hereof in the F ederal R egister (5 U.S.C. porate pertinent provisions of a previous 1001-1011) because the time interven­ amendment, the Flaxseed and Linseed ing therefor are identified in a sales list ing between the date when information Oil Export Payment-in-Kind Program issued monthly by the Department of upon which this section is based became (PS-GR-4) Terms and Conditions (30 Agriculture and published in the F ederal available and the time when this section F.R. 1178), as amended (30 F.R. 4532), R eg ister. This program is designed to must become effective in order to effec­ are hereby revised to read as follows: encourage the exportation through nor­ tuate the declared policy of the act is mal trade channels of surplus flaxseed or insufficient, and a reasonable time is per­ Sec. linseed oil held in private inventories and mitted, under the circumstances, for 1486.101 G eneral statem ent. in CCC stocks in order (a) to aid the price preparation for such effective time; and R equirements for P articipation support program by strengthening the good cause exists for making the provi­ domestic market price to producers, (b) 1486.105 G eneral provisions. to reduce the quantity of flaxseed which sions hereof effective as hereinafter set 1486.106 Offers to export. forth. The committee held an open 1486.107 Acceptance by CCC. would otherwise be taken into CCC’s meeting dining the current week, after 1486.108 Exportation requirem ents. stocks under its price support program, 1486.109 B reach of contractual obligations. (c) to promote the orderly liquidation of giving due notice thereof, to consider CCC stocks, and (d) to maintain and ex­ supply and market conditions for In­ F laxseed or Linseed Oil Export P ayment terior grapefruit, and the need for regu­ pand the market in friendly countries for lation; interested persons were afforded 1486.115 A pplication for flaxseed or linseed United States produced flaxseed and lin­ oil export payment. seed oil. The program will be adminis­ an opportunity to submit information 1486.116 Documents required as evidence.of tered by the Agricultural Stabilization and views at this meeting; the recom­ export. and Conservation Service, U.S. Depart­ mendation and supporting information 1486.117 Export commodity certificate. for regulation during the period specified ment of Agriculture (referred to in this R edemption of Export Commodity Certifi­ subpart as “ASCS”). Information per­ herein were promptly submitted to the cates in F laxseed or Linseed Oil Department after such meeting was held; taining to the program may be obtained the provisions of this section, including 1486.120 Offer to purchase flaxseed or lin ­ from any ASCS Commodity Office listed seed with certificates. in § 1486.139. its effective time, are identical with the 1486.121 C reation of contracts. aforesaid recommendation of the com­ 1486.122 Price. R equirements fo r P articipation mittee; and information concerning such 1486.123 Paym ent term s and financial a r­ § 1486.105 General provisions. provisions and effective time has been rangements. disseminated among handlers of such 1486.124 Delivery. (a) CCC will make export payments Interior grapefruit; it is necessary, in 1486.125 Specifications. in the form of certificates to exporters order to effectuate the declared policy of 1486.126 Export requirem ents. who, pursuant to contracts resulting the act, to make this section effective 1486.127 L iquidated damages. from acceptance by CCC of offers sub­ during the period herein specified; and 1486.130 Inab ility to perform . mitted under § 1486.106, export or compliance with this section will not re­ Miscellaneous P rovisions cause the exportation of flaxseed or lin­ quire any special preparation on the part 1486.134 Covenant against contingent fees. seed oil to eligible countries. Export of persons subject hereto which cannot 1486.135 Perform ance security. payments will, be made at the payment be completed on or before the effective 1486.136 Assignments an d setoffs. rate in effect prior to 3:30 pm. (e.s.t. or date hereof. Such committee meeting 1486.137 Records an d accounts. e.d.s.t., whichever is in effect) on the was held on February 16, 1966. 1486.138 Reports. date on which the exporter specifies that (b) Order. (1) The quantity of 1486.139 ASCS com m odity offices. his offer is to be considered. grapefruit grown in the Interior District 1486.140 Officials n o t to benefit. (b) Export payment rates, if any, will which may be handled during the period 1486.141 A m endm ent and term ination. be announced from Washington, D.C., beginning at 12:01 a.m., e.s.t., February D e f in it io n s daily, or at such intervals as CCC may 21, 1966, and ending at 12:01 a.m., e.?.t., 1486.150 Eligibile country. specify, except that no rates will be February 28,1966, is hereby fixed at 225,- 1486.151 E xport and exportation; d ate of announced on Saturday, Sunday, or 000 standard packed boxes. exportation. holidays. Rates will be announced at

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2955 approximately 3:30 p.m. (e.s.t. or e.d.s.t., than one offer for consideration on any stitute prima facie evidence of failure whichever is in effect) and will remain date. CCC reserves the right to accept to export. in effect through 3:30 p.m. (e.s.t. or or reject any or all offers or to waive § 1486.109 Breach of contractual obli­ e.d.s.t.f whichever is in effect) on the any informality in connection with any gations. expiration date shown in the announce­ offer. An offer will be considered in its entirety only, and any offer containing (a) Failure of the exporter to comply ment. Each announcement by CCC of with all of the terms and conditions of export payment rates will also specify terms or conditions other than those his contract with CCC will cause serious the final date for exportation of flax­ authorized in this subpart will not be and substantial losses to CCC, such as seed or linseed oil covered by offers to considered. damage to its export and price support export which are to be considered dur­ § 1486.107 Acceptance by CCC. programs and the incurring of admin­ ing the period the payment rates an­ istrative and other costs. Inasmuch as nounced will remain in effect. An­ An acceptance by CCC of an exporter’s offer will be made by filing with the tele­ it will be difficult, if not impossible, to nouncements will be available through establish the exact amount of such the press, ticker service, the ASCS Com­ graph office an Acceptance of Offer tele­ losses, the exporter, in submitting his modity Offices listed in § 1486.139, and gram giving the acceptance number. offer, agrees that the liquidated damages through representatives of the General The contract resulting from such accept­ provided for in this section for failure Sales Manager, Foreign Agricultural ance shall consist of the exporter’s offer, Service, USDA, located at San Francisco, CCC’s telegram of acceptance, the terms to comply with the terms and conditions New York, and Washington, D.C. Dif­ and conditions of this subpart and any of his contract with CCC are reasonable ferent rates of payment for different amendments thereto in effect on the estimates of the probable actual damages date of submission of the offer and of the which may be incurred by CCC in the coasts or ports, destinations, periods of event of such failure. exportation, or other specified factors applicable CCC announcement of export (b) The exporter shall pay to CCC, for may be announced simultaneously. payment rates. The date CCC files its each day of delay in exportation after § 1486.106 Offers to export. acceptance with the telegraph office will the final date for exportation, liquidated be the date of the contract. (a) Exporters desiring to participate damages of one cent per net bushel of in this program shall submit offers to § 1486.108 Exportation requirements. flaxseed or per 20 net pounds of linseed export flaxseed or linseed oil in writing (a) The exporter shall export or cause oil not exported by the final date for ex­ by letter, telegram, TWX, or the tele­ portation: Provided, That such liqui­ exportation of the quantity of flaxseed dated damages shall not exceed $0.30 per typewriter to: or linseed oil specified in his contract net bushel of flaxseed or per 20 net Director, Procurement and Sales Division, (plus or minus 1 percent) to an eligi­ pounds of linseed oil. CCC will make no ASCS, 5725 S outh B uilding, U.S. D epart­ ble country not later than the final date ment of Agriculture, Washington, D.C., for exportation specified in the appli­ export payment in connection with any 20250; TWX—202-965-0437. exportation made subsequent to the final cable announcement by CCC of export date for exportation, except that if flax­ An offer must be received in the De­ payment' rates, or within such extension seed or linseed oil is exported within partment of Agriculture by 3:30 p.m. of the time for exportation as may for 30 days after the final date for exporta­ (e.s.t., or e.d.s.t., whichever is in effect) good cause be approved in writing by the tion, the exporter shall be entitled to an on the date on which the exporter de­ Vice President. Such extension of time export payment at the rate which would sires the offer to be considered by CCC. shall be subject to such reduction in the have been applied if the flaxseed or lin­ Offers will be considered daily, except export payment rate as may be speci­ seed oil had been exported by the final that offers will not be considered on any fied by the Vice President. For the pur­ date for exportation, less the liquidated Saturday, Sunday, or holiday. poses of this subpart, exportation by or damages provided for in this paragraph. (b) All offers must be signed by the to a U.S. Government agency, or any (c) If there is a failure to export, or exporter or his authorized agent and exportation in connection with which if after exportation there is a return of shall: there has been a transshipment through flaxseed or linseed oil which is prohibited (1) State that the offer is subject to Canada, other than a transshipment via by § 1486.108(b), CCC will make no ex­ all of the terms and conditions of this the Great Lakes through a Canadian port payment or, if such payment has subpart, and any amendments thereto port on the St. Lawrence River, shall not been made, the exporter shall promptly effective at the time the offer is sub­ constitute exportation to an eligible refund it to CCC. Further, the exporter mitted. This may be accomplished by country. shall, except as otherwise provided in including the term “PS-GR-4, Revision (b) Flaxseed or linseed oil exported paragraph (e) of this section, pay to I” in the offer. pursuant to the exporter’s contract with CCC as liquidated damages the sum of (2) Specify the date on which the CCC (1) shall not be transshipped or $0.30 per net bushel of flaxseed or per offer is to.be considered. caused to be transshipped by the ex­ 20 net pounds of linseed oil involved, ex­ No te: This date must also appear In the porter, or diverted or caused to be cept that the liquidated damages speci­ lower left hand comer of the envelope In diverted by the exporter, to any country fied in this paragraph and in paragraph which offers made by letter are submitted. other than an eligible country, and (2) (b> of this section shall not be cumula­ An offer will be considered for acceptance shall not be returned by anyone to the tive. Notwithstanding any other provi­ only on the date specified and will not United States or Canada. sion of this paragraph, to the extent that be considered on any other date. (c) The exporter shall, promptly after thé exporter establishes to the satisfac­ (3) Specify the net quantity of flax­ exportation, submit to CCC documen­ tion of the Vice President (1) that the seed (in-'fmshels) or linseed oil (in tary evidence of exportation specified in return of flaxseed or linseed oil was not pounds) to be exported. § 1486.116 which has not been used and due to his fault or negligence, he shall (4) State the name and address of the shall not be subsequently used as evi­ not be liable for the liquidated damages offerer. dence of export in connection with (1) specified in this paragraph and the re­ turned flaxseed or linseed oil, if it is sub­ Example: The following represents an of­ any other contract with CCC entered fer to export 100,000 net bushels of flaxseed into pursuant to § 1486.107, (2) any other sequently reexported under a new con­ submitted by John Doe Export Co.: export program under which CCC has tract entered into pursuant to § 1486.107, PS-GR-£, Revision I—Consider May 8; paid or has agreed to pay an export al­ shall be eligible for an export payment, 100,000 bushels flaxseed. lowance, or (3) any other export pro­ or (2) that the returned flaxseed or lin­ Signed: John Doe Export Company, seed oil was lost, damaged, or destroyed, By: Richard Roe, President, gram which involves the sale by CCC that its physical condition is such that 400 Blank Street, New York, of flaxseed or linseed oil for export at a its return will not impair CCC’s price N.Y. price which reflects any export allow­ support program, and that no person (c) An offer shall not specify both ance. Failure of the exporter to submit has received or will receive an export flaxseed and linseed oil or more than one evidence of exportation so as to be payment with respect to any reexporta­ quantity of the commodity specified. An received by CCC within 60 days after tion of the returned flaxseed or linseed exporter may separately submit more the final date for exportation shall con­ oil, he shall not be liable for the liqui-

FEDERAL REGISTER. VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 No. 35-----5 2956 RULES AND REGULATIONS

dated damages specified in this para­ § 1486.116 Documents required as evi­ shall be accompanied by a certification graph and he shall not be required to dence o f export. by the exporter acceptable to CCC that refund to CCC any export payment re­ the flaxseed or linseed oil covered by such ceived on the returned flaxseed or lin­ Each Application for Flaxseed and seed oil. Linseed Oil Export Payment (Form certificates is the identical flaxseed or CCC-520) must be supported by docu­ linseed oil exported. (d) If there is a transshipment or di­ mentary evidence of exportation, as (g) In the event of exportation with version of the flaxseed or linseed oil pro­ follows: transshipment from a Canadian port on hibited by § 1486.108(b), CCC will make (a) If export is by water, a nonnego- the St. Lawrence River (1) the bill of no export payment or, if such payment tiable copy or photocopy of the on­ lading and other documentary evidence has been made, the exporter shall as specified by the ASCS Commodity promptly refund it to CCC. Further, the board-ship bill of lading issued at point exporter shall pay to CCC as liquidated of export signed by an agent of the Office covering the movement from the damages the sum of $.015 per net bushel ocean carrier. The bill of lading must United States to the export vessel de­ of flaxseed or per 20 net pounds of lin­ show the name of the vessel, the date scribed in the on-board ship bill of lad­ seed oil so transshipped or diverted. and place of issuance, the weight of the ing issued at the point of transshipment, (e) If an exporter exports or causes flaxseed or linseed oil, the number or and (2) a certification by the exporter to be exported in accordance with the description of the hold or tank in which that the flaxseed exported was grown in requirements of § 1486.108 a net quantity the flaxseed or linseed oil was stowed, the the United States, or that the linseed of flaxseed or linseed oil which is less country to which the flaxseed or linseed oil exported was produced in the United oil was shipped. If loss, destruction or States from flaxseed grown in the United than 99 percent of the quantity thereof States. specified in the exporter’s offer and ac­ damage to the flaxseed or linseed oil oc­ cepted by CCC, but not less than 90 per­ curs subsequent to loading aboard the (h) Where the exporter establishes to cent of such quantity, and submits evi­ ocean carrier but prior to issuance of the the satisfaction of the Vice President that dence which establishes to the satisfac­ on-board-ship bill of lading, one copy he is unable for good cause to supply tion of the Vice President that his failure of a loading tally sheet or acceptable documentary evidence of export as speci­ to export 99 percent of the quantity of similar document may be substituted for fied in paragraphs (a) through (g) of flaxseed or linseed oil specified in his the ocean bill of lading. this section, CCC may accept such other offer is attributable to normal trade (b) If exportation is by rail or truck evidence of export as will establish to the practices and not for the purpose of ap­ (other than to Canada), one copy of the satisfaction of the Vice President that plying the quantity undershipped to a Shipper’s Export Declaration, authenti­ the exporter has fully complied with his contract with CCC providing a higher cated by the appropriate U.S. Customs obligations to export. export payment, he shall not be required official, which identifies the shipment(s), (i) If the shipper or consignor named to pay liquidated damages for failure to the date of clearance into the foreign in the on-board bill(s) of lading or the export the undershipped quantity. If country (other than into Canada), and Shipper’s Export Declaration(s), is other an exporter exports or causes to be ex­ the weight of the flaxseed or linseed oil. than the exporter named in the offer to ported in accordance with the require­ (c) A copy of an official weight cer­ export, waiver by such shipper or con­ ments of § 1486.108 a net quantity of tificate as defined in § 1486.156(a) appli­ signor of any interest in the application flaxseed or linseed oil which is greater cable to the flaxseed or linseed oil loaded for payment in favor of such exporter is than 101 percent of the quantity thereof on board export carrier showing (1) the required. Such waiver must clearly specified in the exporter’s offer and ac­ net weight of the flaxseed or linseed oil identify the on-board bill(s) of lading or cepted by CCC, but not in excess of 110 at the place and time of loading onto Shipper’s Export Declaration(s) sub­ percent of such quantity and submits export carrier, or, in the case of drummed mitted as evidence of export. evidence which establishes to the satis­ or packaged linseed oil exported, the net (j) Where exportation of the flaxseed weight of the drummed or packaged lin­ or linseed oil has been made by anyone or faction of the Vice President that ex­ transshipment made or caused by the portation of the excess quantity is at­ seed oil at the time of filling the drums tributable to normal trade practices and or containers, such weight certificate to exporter to one or more of the countries not for the purposes of obtaining a be dated within 30 days of the date of or areas to which a validated license is higher export payment rate on the excess export, and (2) the date and place of required by the Bureau of International quantity than would otherwise be ap­ issuance. Commerce, U.S. Department of Com­ plicable, he may include such quantity (d) In the case of flaxseed exported, merce, the bills of lading or other perti­ in his application for export payment one copy of each official lot inspection nent documentary evidence required to and receive payment for the quantity certificate as defined in § 1486.156(b) be furnished to CCC shall identify by overshipped at the same rate provided applicable to the flaxseed loaded on' number the license issued by the Bureau in his contract with CCC. board export carrier showing (1) the of International Commerce, U.S. Depart­ (f) In addition to being subject to thegrade of such flaxseed as defined in ment of Commerce, for such movement. other provisions of this section, an ex­ § 1486.153 based upon a sampling of the (k) In case a single bill of lading or flaxseed at the place and time of loading other documentary evidence of export porter who fails to export in accordance onto the export carrier, and (2) the date covers more than the net quantity of with the terms and conditions of his con­ and place of issuance. flaxseed or linseed oil which is applied tract with CCC may be suspended or (e) In the case of linseed oil ex­ against the exporter’s contract with debarred from participating in this pro­ ported, one copy of each official inspec­ with CCC, and such documentary evi­ gram or in any other program of CCC tion certificate as defined in § 1486.156(b) dence of export is to be used as evidence under the suspension and debarment applicable to the linseed oil loaded on of export of such excess quantity in con­ regulations of CCC (29 F.R. 10595), and board export carrier showing (1) the nection with a different contract with any amendments thereto. quality of such linseed oil as defined in CCC under this program or under any other export program of CCC pursuant F laxseed or L in seed O il E xport § 1486.153 based upon inspection and P aym ent sampling of the oil drawn, in the case of to which CCC has paid or agreed to pay bulk oil, at the time and place of load­ an export allowance, each copy of such § 1486.115 Application for flaxseed or ing onto the export carrier, or in the case documentary evidence of export submit­ linseed oil export payment. of drummed or packaged oil, while the ted pursuant to paragraph (a) of this An original and two (2) copies of Ap­ containers were being filled, in which section shall be accompanied by a state­ plication for Flaxseed or Linseed Oil Ex­ event the inspection certificate shall be dated within 30 days of the date of ex­ ment certified by the exporter identify­ port Payment, Form CCC-520, must be port, and (2) the date and place of ing all contracts with CCC to which the submitted together with the evidence of issuance. documentary evidence of export has been export specified in § 1486.116, to the Kan­ (f) The certificates required by para­ or will be applied and the quantity ap­ sas City ASCS Commodity Office. graphs (c), (d), and (e) of this section plicable to each contract.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2957

(1) Such other documents as may be the sales contract. The term “date of receipts attached or request that CCC specified in the applicable announcement sale” shall mean the date that the parties surrender the warehouse receipts to him by CCC of export payment rates. concluded their preliminary negotia­ in a simultaneous exchange for an ac­ tions, and such date will be specified in ceptable remittance delivered at the § 1486.117 Export commodity certifi­ the Confirmation of Sale. Any part of ASCS Commodity Office. To the extent cate. prior negotiations not incorporated into that acceptable certificates are received Upon receipt of an Application for the Confirmation of Sale shall be of no by CCC within 90 days after delivery of Flaxseed or Linseed Oil Payment, Form effect. Within 10 days after the Con­ the flaxseed or linseed oil to the pur­ CCC-520, and satisfactory evidence of firmation of Sale is issued, the exporter chaser, CCC shall promptly make refund export the Kansas City ASCS Commodity whose offer to purchase is accepted by of funds received. Office will determine the amount of pay­ CCC (hereinafter referred to as “the (3) If a purchaser desires delivery ment due and issue to the exporter an purchaser”) shall sign and return to the prior to receipt by CCC of certificates he Export Commodity Certificate, Form Commodity Office a copy of the Con­ may establish an irrevocable commercial CCC-341, elsewhere referred to in this firmation. If the purchaser fails to re­ letter of credit acceptable to CCC foi* an subpart as “certificate,” for the amount turn a signed copy of the Confirmation amount equivalent to the total amount due. within such period, CCC may terminate of the purchase price of the flaxseed or (a) The amount shown in the space the sales contract without further lia­ linseed oil plus interest thereon for 60 provided for the value of the certificate bility on the part of either party. days, against which CCC will not draw to will be the amount obtained by multiply­ the extent that the purchaser pays to ing the number of net bushels of flaxseed § 1486.122 Price. CCC the purchase price of the flaxseed or net pounds of linseed oil exported in The price for flaxseed or linseed oil or linseed oil and any applicable interest accordance with the exporter’s contract sold by CCC shall be the domestic market promptly upon presentation of invoices with CCC by the applicable export pay­ price” therefor, as determined by CCC, or prior to invoicing by CCC. To the ment rate. on the date of sale at the place of deliv­ extent that such payment is not made, (b) Except as provided in § 1486.136, ery and for the manner of delivery CCC will draw drafts under the letter of the certificate will be issued only to the (such as instore, or f.o.b. cars, trucks, or credit for the amount remaining unpaid, exporter whose offer to export has been vessel). The price will be specified in the supported by a statement specifying the accepted by CCC. Confirmation of Sale. amount due. If financial arrangements are made as provided in this paragraph (c) The date of issuance shown on the § 1486.123 Payment terms and financial certificate will be the date the certificate arrangements. (3), the following shall apply. is issued by the ASCS Commodity Office. (i) The letter of credit shall have an (d) Certificates may be transferred by (a) The amount due CCC for flaxseed effective period of at least 60 days from endorsement. or linseed oil purchased under this sub­ the final date for delivery of the flaxseed (e) Unexpired certificates will be re­ part shall be paid by the purchaser by or linseed oil to the purchaser as specie deemed at face value in any commodity surrender to CCC of properly endorsed fled in the Confirmation of Sale. If a available for export sales under and sub­ certificate(s). If certificates having a single letter of credit is used for this ject to the terms and conditions of a value in excess of the purchase price are purpose as well as for the liquidated dam­ CCC regulation or announcement pro­ surrendered by the purchaser to CCC, ages referred to in paragraph (c) of this viding for such redemption. the certificates having the earliest dates section, the effective period shall be 150 (f) Certificates shall expire if not pre­ of issuance shall be applied first to the days from the final date for delivery. sented for redemption within 365 days purchase and any certificates not applied (ii) Interest on the purchase price of after the date of issuance shown on the shall be returned to the purchase^. If the flaxseed or linseed oil shall be paid certificate and thereafter shall have no the value of the certificates applied to in cash for the period from the date of value, unless for good cause* shown the the purchase exceeds the purchase price, delivery of the flaxseed or linseed oil to period for redemption is extended in such excess will be adjusted by issuance the date CCC receives acceptable certif­ writing by CCC. and delivery to the purchaser of a bal­ icates or cash or, in the case of payments ance certificate which may be used on against sight drafts drawn by CCC, the R edem ption o p E xport C om m odity C er­ a subsequent purchase from CCC. The date CCC estimates the draft will be paid. tificates in F laxseed or L in seed O il date of issuance shown on the balance The rate of interest will be the rate in § 1486.120 Offer to purchase flaxseed certificate will be the date shown on the effect on the date of sale as announced or linseed oil with certificates. original certificate, or if more than one in the CCC Monthly Sales List for sales certificate is applied to the purchase, made under the CCC credit sales pro­ Offers to purchase CCC-owned flax­ the date of issuance shown on the bal­ gram for periods up to 6 months. The seed or linseed oil available for export ance certificate will be the latest date of interest shall be included in the amount sale with certificates issued under this or issuance shown on a certificate applied of sight drafts drawn by CCC. any other CCC program may be submit­ to the purchase. The value of the bal­ (iii) Unless otherwise requested by the ted by letter .telegram, or orally to, in the ance certificate will be determined by purchaser, CCC shall promptly after re­ case of flaxseed, the Kansas City ASCS deducting from the value of certificates ceiving cash for application on the pur­ Commodity Office, or in the case of lin­ surrendered to CCC, the purchase price chase price and interest, or acceptable seed oil, the Minneapolis ASCS Com­ of the flaxseed or linseed oil. certificates for application on the pur­ modity Office. The offerer must specify (b) Financial arrangements covering chase price, notify the bank which issued the grade or quality and quantity desired the purchase price specified in the Con­ or confirmed the letter of credit that and the desired point of delivery. CCC firmation of Sale of any flaxseed or lin­ CCC consents to a reduction of such let­ reserves the right to determine the seed oil purchased from CCC hereunder ter of credit in an amount equivalent to grades or qualities and quantities and shall be made prior to delivery of the the amount of cash or acceptable certif­ point of delivery for which offers will be flaxseed or linseed oil by CCC in one icates received. considered, and to reject any offer in (or a combination), of the following (iv) To the extent acceptable certif­ whole or in part. ways: icates are received by CCC within 90 §1486.121 Creation of contracts. (1) Surrender to the appropriate days after delivery of the flaxseed or lin­ ASCS Commodity Office of certificate(s) seed oil to the purchaser, CCC shall Preliminary negotiations for purchase sufficient to pay for the flaxseed or lin­ promptly make refund of any funds re­ of flaxseed or linseed oil from CCC under seed oil. ceived representing the purchase price of this subpart shall be confirmed by writ­ (2) If a purchaser desires delivery the flaxseed or linseed oil (but not any ten Confirmation of Sale which shall be prior to receipt by CCC of certificates he interest). issued by the ASCS Commodity Office in may make payment in cash, certified (c) The amount of the liquidated duplicate. The Confirmation of Sale, to­ check, or cashier’s check for the flaxseed damages provided in § 1486.127(c) for gether with the terms and conditions of or linseed oil to be delivered, or if deliv­ failure to submit certificates within 90 § 1486.120 through 1486.157 of this sub­ ery is to be made in store, he may request days after delivery shall be computed as part and any amendments thereto in ef­ that CCC draw a sight draft on him of the date of sale, and shall be specified fect on the date of sale, shall constitute through a named bank with warehouse in the Confirmation of Sale. Financial

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2958 RULES AND REGULATIONS

arrangements for such liquidated dam­ (d) Title and risk of loss and damage agreed to between CCC and the pur­ ages shall be made by each purchaser shall pass to the purchaser upon delivery. chaser. In case of underdeliveries, a who wishes to obtain delivery of flaxseed All charges thereafter accruing, includ­ balance certificate shall be issued by or linseed oil prior to receipt by CCC of ing warehouse and loading out charges CCC, or if other financial arrangements certificates in one of the following ways: in the case of instore delivery, shall be were furnished, the value of certificates (1) Payment in cash, certified check, for the account of the purchaser: Pro­ the purchaser is required to surrender or cashier’s check, or vided, That if delivery is not made within will be reduced. In the case of over­ (2) Establishment of an irrevocable 30 days after the date of sale, the pur­ deliveries, the purchaser shall tender commercial letter of credit acceptable to chaser shall make cash settlement with cash or certificates to CCC. If the value CCC which shall have an effective period CCC for warehouse charges on the flax­ of flaxseed or linseed oil delivered exceeds of at least 150 days from the date for seed or linseed oil not delivered at the the value of certificates surrendered by delivery specified in the Confirmation of rate specified in the Confirmation of Sale $3.00 or less, no adjustment will be nec­ Sale and upon which CCC will draw for the period beginning on the 31st day essary. If the value of certificates sur­ drafts for the amount of the liquidated after the date of sale and continuing to rendered exceeds the value of flaxseed damages resulting from such failure to and including the date of delivery or, if or linseed oil delivered by $3.00 or less, a submit certificates within 90 days after the purchaser fails to take delivery, to balance certificate will not be issued un­ delivery, supported by a statement speci­ and including the final date for delivery less requested by the purchaser. fying the amount due CCC. Promptly specified in the Confirmation of Sale or after CCC receives acceptable certifi­ any written extension thereof: Provided § 1486.126 Export requirements. cates in payment of the flaxseed or lin­ further, That the purchaser shall not be (a) The purchaser shall, within 150 seed oil purchased as provided in para­ responsible for such charges accruing days after the date of sale, or within graph (b) (2) or (3) of this section, CCC after such 30-day period as a result of any extension of such 150-day period as shall notify the bank which issued or delay on the part of CCC in making de­ may be granted under paragraph (b) confirmed the letter of credit that CCC livery which is not attributable to the of this section, export or cause to be ex­ consents to a reduction of such letter of fault or negligence of the purchaser. ported to an eligible country flaxseed credit, unless otherwise requested by the (e) If, on deliveries other than instore, or linseed oil equal in quantity and at purchaser, or shall make refund to the the purchaser fails to take delivery of least equal in grade dr quality to the purchaser of funds received. Any such the flaxseed or linseed oil within the flaxseed or linseed oil delivered by reduction or refund shall be in an delivery period specified in the Confir­ CCC. If the purchaser acquires flax­ amount equivalent to the purchaser’s mation of Sale, or any written extension seed from CCC, he may meet his financial coverage under this subsection thereof, CCC may at its option deliver export obligations by the exportation related to the quantity for which pay­ the flaxseed or linseed oil instore in a of linseed oil at the rate of 20 pounds ment has been received in the form of warehouse of its choice by delivery of of linseed oil for each net bushel of acceptable certificates by CCC. endorsed warehouse receipts, or CCC flaxseed delivered by CCC. The flax­ (d) The financial arrangements pro­ shall have the right to deem the pur­ seed or linseed oil exported shall not vided in paragraphs (b) and (c) of this chaser in default and the purchaser shall be returned by anyone to the United section shall be made: be liable to CCC for any loss or damages States or Canada, nor shall the purchaser (1) Prior to delivery of the flaxseed or resulting from such default. cause the flaxseed or linseed oil exported linseed oil by CCC on purchases which to be diverted or transshipped to other provide for delivery within 5 days fol­ § 1486.125 Specifications. than an eligible country. lowing the date of sale, and, (a) If the flaxseed and linseed oil is (b) An extension of the time for ex­ (2) On all other purchases, not less to be delivered instore, CCC shall deliver portation may, subject to such terms and than 5 days prior to delivery of the flax­ warehouse receipts, or other evidence of conditions as CCC may prescribe, be seed or linseed oil by CCC, but in no title, representing the quantity and granted either before or after the final event later than 30 days following the grade or quality of flaxseed or linseed oil date for exportation, if the purchaser date of sale, unless CCC consents in stated in the Confirmation of Sale, and gives CCC prompt written notice of a writing to a different period. CCC shall have no responsibility in the delay in exportation and the cause (e) If the purchaser fails to make a event of failure of the warehouseman to thereof, and the Vice President deter­ financial arrangement acceptable to CCC deliver in accordance with the ware­ mines in writing that the delay is not in accordance with paragraph (d) of this house receipts or other evidence of title. due to any cause arising from the fault- section CCC shall have the right to deem (b) If the flaxseed or linseed oil is to or negligence of the purchaser. Any ex­ the purchaser in default and may avail be delivered other than instore, the quan­ tension of time for exportation which is itself of any remedy available to an un­ tity and grade or quality of flaxseed or granted will be equivalent to the period paid seller. The purchaser shall be liable linseed oil delivered shall be that stated of time the Vice President determines to CCC for any loss or damages resulting in the Confirmation of Sale. The grade was lost because of excusable delay. from such default. or quality of the flaxseed or linseed oil (c) The purchaser shall, within 180 delivered shall be determined by official days after the date of sale, or within 30 § 1486.124 Delivery. inspection at the point of delivery unless days after the final date of any extended (a) The method, time, and place of otherwise specified in the Confirmation time for exportation granted pursuant delivery will be as specified in the Con­ of Sale. The method of determining the to paragraph (b) of this section, furnish firmation of Sale. quantity delivered shall be as stated in to the ASCS Commodity Office the evi­ (b) If the flaxseed or linseed oil is to the Confirmation of Sale. If the flaxseed dence of exportation specified in be delivered instore, delivery shall be ac­ or linseed oil delivered is not of the grade § 1486.116. Failure of the purchaser so complished by delivery to the purchaser or quality specified in the Confirmation to furnish proof of exportation shall of endorsed warehouse receipts, or other of Sale, the flaxseed or linseed oil may be constitute prima facie evidence of failure evidence of title. Delivery may be made rejected by the purchaser at the time of to export. The purchaser may earn by posting warehouse receipts in the delivery, or accepted subject to an ad­ certificates upon the exportation of the mail except where CCC presents a draft justment in price for grade and quality flaxseed. or linseed oil purchased from with warehouse receipts attached to a difference in accordance with current CCC by complying with the provisions of bank named by a purchaser. In the case market premiums and discounts, as de­ §§ 1486.105 through 1486.109. of instore delivery the terms of continued termined by CCC. In case of rejection, §1486.127 Liquidated damages. storage thereafter shall be for determi­ CCC shall, upon request of the purchaser, nation between the purchaser and ware­ replace such rejected quantity. The (a) Sales of flaxseed or linseed oil by houseman. CCC under this subpart at the prices purchaser may reject any overdeliv- described in § 1486,122 are made upon (c) If the flaxseed or linseed oil is to eries in quantity. Overdeliveries in condition that there will be compliance be delivered other than instore, the de­ quantity accepted by the purchaser with all the provisions of § 1486.126(a). tails of delivery shall be specified in the shall be settled for at the contract Failure of the purchaser to comply with Confirmation of Sale. price unless a different price has been such condition will cause serious and sub-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2959 stantial damages to CCC such as damage period specified by CCC, and that evi­ and when the assignee thereof files writ­ to its export and price support programs dence of exportation was submitted in ten notice of the assignment together and the incurring of administrative and accordance with § 1486.116, or (2) that with a signed copy of the instrument of other costs. Since it will be difficult, if the flaxseed or linseed oil placed in tran­ assignment, in accordance with the in­ not impossible, to establish the amount sit to an export location for export under structions of Form CCC-251, “Notice of of such damages, the purchaser, in of­ this subpart and returned to the United Assignment,” which form must be used fering to purchase flaxseed or linseed States or Canada was lost, damaged, de­ in giving notice of assignment to CCC: oil from CCC, agrees that the liquidated stroyed or deteriorated, and the physical Provided further, That any such assign­ damages specified in this section for condition thereof was such that its re­ ment shall cover all amounts payable failure to comply with such condition turn will not impair CCC’s price support and not already paid under the contract are reasonable estimates of the probable program. » and shall not be subject to further as­ signment except that any such assign­ actual damages which would be suffered § 1486.130 Inability to perform. by CCC. ment may be made to one person as (b) If there is a delay in exportation CCC shall not be responsible for dam­ agent or trustee for two or more persons of flaxseed or linseed oil, the purchaser ages for any failure to deliver, or delay participating in such financing. The shall pay to CCC, for each day of delay in delivery of, the flaxseed or linseed oil “Instrument of Assignment” may be ex­ in exportation after the final date for due to any cause without the fault or ecuted on Form CCC-252 or the assignee exportation, liquidated damages of 1 negligence of CCC, including, but not may use his own form of assignment. cent per net bushel of flaxseed or per 20 restricted to, failure of warehousemen to Forms may be obtained from the Con­ net pounds of linseed oil: Provided, That meet delivery instructions. In the case tracting Officer, CCC, or any ASCS Com­ the sum of such liquidated damages shall of delay in delivery due to any such modity Office. not exceed the amount of the liquidated causes, CCC shall make delivery to the (b) If the exporter is indebted to CCC, damages specified in paragraph (c) of purchaser as soon as practicable. the amount of such indebtedness may be set off against payments due the ex­ this section. M iscellaneous P ro v isio n s (c) If there is a failure to export the porter under an Application for Flaxseed required quantity of flaxseed or linseed § 1486.134 Covenant against contingent or Linseed Oil Export Payment, Form oil, if there is a return of flaxseed or lin­ fees. CCC-520. In the case of an assignment, seed oil exported which is prohibited by The exporter or purchaser warrants and notwithstanding such assignment, § 1486.126(a), or if the purchaser fails that no person or selling agency has been CCC may set off (1) any amounts due to submit the certificates to CCC within employed or retained to solicit or secure CCC under the terms and conditions of 90 days after delivery of the flaxseed or acceptance of any offer under this sub­ this subpart and (2) any amounts, other linseed oil by CCC, the purchaser shall, part upon an agreement or understand­ than the amounts specified in subpara­ except as otherwise provided in para­ ing for a commission, percentage, broker­ graph (1) of this paragraph, due CCC, graph (f) of this section, pay to CCC as age, or contingent fee, except bona fide if the assignee was advised of such liquidated damages for each bushel of employees or bona fide established com­ amounts at the time of acknowledgment flaxseed involved, the amount by which mercial agencies maintained by exporter by CCC of receipt of the notice of as­ CCC’s sale price per bushel for equivalent or purchaser for the purpose of securing signment. flaxseed for unrestricted use as of the business. For breach or violation of this In the case of an assignment pursuant warranty, CCC shall have the right to to paragraph (a) of this section, any date of sale (as stated in CCC’s Monthly indebtedness of the exporter to CCC Sales List published in the F ederal R eg­ annul the contract without liability or which may not be set off under this para­ ister) exceeds the sales price, or $0,015 in its discretion to require the purchaser for each net pound of linseed oil in­ to pay, in addition to the contract price graph (b) may be set off against any volved, except that the liquidated dam­ or consideration, the full amount of such amount due and payable under this sub­ ages specified in this paragraph and in commission, percentage, brokerage, or part which remains after the deduction paragraph (b) of this section shall not contingent fee. of amounts (including interest and other charges) due the assignee under the be cumulative. § 1486.135 Performanee^ecurity. (d) If there is a transshipment or di­ assignment. Setoff as provided in this version of the flaxseed or linseed oil pro­ In addition to the performance secu­ section shall not deprive the exporter of hibited by § 1486.126(a), the purchaser rities required under § 1486.123(b) (3) the right to contest the justness of the shall pay to CCC as liquidated damages CCC reserves the right to require the indebtedness involved, either by admin­ the sum of $0.15 per net bushel of flax­ purchaser to furnish, a surety bond ac­ istrative appeal or by legal action. seed or per 20 net pounds of linseed oil ceptable to CCC conditioned upon his § 1486.137 Records and accounts. ‘ so transshipped or diverted. faithful performance of each and all (e) If there is an exportation of flax­ provisions of any contract entered into Each exporter or purchaser shall seed or linseed oil which is lower in grade pursuant to this subpart, or in lieu of maintain accurate records concerning or quality than the flaxseed or linseed such bond a certified check, a cashier’s transactions under this subpart and oil delivered by CCC, the purchaser shall check, or other acceptable security, in­ showing flaxseed or linseed oil exported pay to CCC as liquidated damages the cluding an irrevocable letter of credit in or to be exported in connection with this difference, as of the date of sale, between form approved by CCC against which subpart. Such records, accounts, and the domestic market value of the grade CCC may draw with a statement that other documents relating to any trans­ or quality of flaxseed or linseed oil de­ the money is due CCC. Such bond or action in connection with this subpart livered by CCC and the domestic market other security shall be in an amount de­ shall be available during regular business value of the grade or quality of flaxseed termined by CCC sufficient to protect its hours for inspection and audit by au­ or linseed oil exported, all as determined financial interests under the contract. thorized employees of the U.S. Depart­ by CCC, plus one cent per net bushel of §1486.136 Assignments and setoffs. ment of Agriculture and the General flaxseed or per 20 net pounds of linseed (a) No assignment shall be made by Accounting Office and shall be preserved oil involved. for 3 years after date of export. (f) The liquidated damages specified an exporter or purchaser of his contract in paragraph (c) of this section for re­ with CCC or of any rights thereunder, § 1486.138 Reports. turn will not be assessed to the extent except that the exporter may assign the payments due the exporter under an Ap­ The exporter or purchaser shall file that the Vice President determines (1) plication for Flaxseed and Linseed Oil such reports as may be required from that the flaxseed or linseed oil was re­ Export Payment, Form CCC-520, to any time to time by the CCC subject to the turned to the United States or to Canada bank, trust company, Federal lending approval of the Bureau of the Budget. due to causes without the fault or negli­ agency, or other financing institution, § 1486.139 ASCS Commodity Office. gence of the purchaser, that such flax­ and, subject to the approval of the Vice seed or linseed oil was, pursuant to writ­ President, assignment may be made to The ASCS Commodity Offices'from ten approval of CCC, subsequently ex­ any other person: Provided, That such which information governing this pro­ ported to an eligible country within a assignment shall be recognized only if gram is obtainable, are as follows:

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2960 RULES AND REGULATIONS Director, Agricultural Stabilization and Con­ bill of lading: Provided, That if the servation Service, Commodity Office, U.S. Force, the Agency for International De­ Department of Agriculture, 6400 France “lost” or “damaged” flaxseed or linseed velopment, the Army and Air Force Ex­ Avenue South, Minneapolis, Minn., 55410. oil remains in the United States or Can­ change Service, and the Panama Canal Director, Agricultural Stabilization and Con­ ada, it shall be considered as returned Company. Sales to foreign buyers', in­ servation Service, Commodity Office, U.S. flaxseed or linseed oil and shall be sub­ cluding foreign governments, though fi­ Department of Agriculture, 8930 Ward ject to the provisions of § 1486.109(c) or nanced with funds made available by a Parkway, K ansas City, Mo., 64141. § 1486.127 (c), or both. U.S. agency such as the Agency for In­ § 1486.140 Officials not to benefit. § 1486.152 Exporter. ternational Development or the Export- Import Bank, are not sales to a U.S. Gov­ No member or delegate to Congress, or “Exporter” means an individual, corpo­ ernment agency, provided the commod­ resident Commissioner, shall be ad­ ration, partnership, association or other ity is not for transfer by such buyer to mitted to any benefit that may arise business entity, which is engaged in the a U.S. Government agency. from any provision of this subpart, but business of buying and selling flaxseed this provision shall not be construed to or linseed oil for export and for this pur­ No t e : The record keeping and reporting extend to a payment made to a corpora­ pose maintains a bona fide business of­ requirements contained herein have been ap­ tion for its general benefit. proved by the Bureau of the Budget in ac­ fice in the United States, and therein cordance with the Federal Reports Act of § 1486.141 Amendment and termina­ has a person, principal, or resident agent tion. upon whom service of process may be had. Effective date: Date of publication in This subpart may be amended or ter­ the F ederal R egister. minated by CCC. Any amendment or § 1486.153 Flaxseed and linseed oil. Signed at Washington, D.C., on Febru­ termination shall not be applicable to “Flaxseed” means No. 2 or better grade ary 15,1966. contracts entered into under this sub­ flaxseed, as defined in the Official Grain R aymond A. I oanes, part prior to the time such amendment Standards of the United States, grown Vice President, Commodity or termination becomes effective. in the United States. “Linseed Oil” Credit Corporation, Adminis­ D e f in it io n s means (a) raw linseed oil co n fo rm ing- to trator, Foreign Agricultural Federal Specifications TT-L-215A, as Service. § 1486.150 Eligible country. amended, (b) refined linseed oil consist­ “Eligible Country’’ means any desti­ ing of 100 percent linseed oil, or (c) such Notice to Exporters nation outside the United States, other other linseed oil in processed form which The Department of Commerce, Bureau of than Canada or any country or area for International Commerce, pursuant to regu­ may be agreed to in writing by the Vice lations under the Export Control Act of 1949, which an export license is required un­ President, and which has been processed prohibits the exportation or reexportation der regulations issued by the Bureau of in the United States from flaxseed grown by anyone of any commodities under this International Commerce, U.S. Depart­ in the United States. “Net bushel of program to Cuba, the Soviet Bloc or Com­ ment of Commerce unless a license for flaxseed” means 56 pounds of flaxseed munist-controlled areas of the Far East in­ shipment or transshipment thereto has free of dockage. cluding Communist China, North Korea, and been obtained from such Bureau. the Communist-controlled area of Viet Nam, § 1486.154 United States. except under validated license issued by the § 1486.151 Export and exportation; “United States”, unless otherwise U.S. Department of Commerce, Bureau of date o f exportation. International Commerce. qualified, means the 50 States of the For all exportations, one of the destination “Export” and “exportation” mean a United States, Puerto Rico, the territo­ control statements specified in Commerce shipment of flaxseed or linseed oil from ries and possessions of the United States Department Regulations (Comprehensive Ex­ the United States ultimately directed to and the District of Columbia. port Schedule § 379.10(c) ) is required to be placed on all copies of the shipper’s export a destination outside the United States § 1486.155' Vice President. with the intent that such flaxseed or lin­ declaration, all copies of the bill of lading, “Vice President” means the Vice Presi­ and all copies of the commercial invoices. seed oil become a part of the mass of For additional information as to which desti­ goods of the country of destination. dent of the Commodity Credit Corpora­ nation control statement to use, the exporter This definition includes a shipment of tion who is the Administrator of the For­ should communicate with the Bureau of flaxseed or linseed oil from a point in the eign Agricultural Service, USDA, or his International Commerce or one of the field conterminous United States with trans­ designee. offices of th e D epartm ent of Commerce. shipment from a Canadian port on the Exporters should consult the applicable § 1486.156 ^Official weight and inspec­ Commerce Department regulations for more St. Lawrence River to a destination other tion certificates. than the United States: Provided, That detailed information if desired and for any handling and storage are performed at (a) “Official weight certificate” means changes that may be made therein. point of transshipment in such a manner a weight certificate issued by or on au­ [F.R. Doc. 66-1766; Filed, Feb. 18, 1966; as to preserve the identity of the flaxseed thority of Chambers of Commerce, 8:45 a.m.] or linseed oil shipped from the conter­ Boards of Trade, Grain Exchanges, minous United States. A shipment of State Weighing Departments, or other flaxseed or linseed oil shall be deemed to organizations having qualified, inde­ Title 21— FOOD AND DRUGS have been exported on the date which pendent, impartial, paid employees. appears on the applicable on-board- (b) “Official inspection certificate” Chapter I— Food and Drug Adminis­ export-vessel bill of lading, which in the means an inspection certificate issued by tration, Department of Health, Edu­ or under the supervision of the Inspection case of exportation with transshipment cation, and Welfare through a Canadian port on the St. Law­ Branch, Grain Division, Consumer and rence River, shall be the on-board- Marketing Service, USDA, and in the case SUBCHAPTER B— FOOD AND FOOD PRODUCTS of linseed oil the “official inspection cer­ export-vessel bill of lading issued at such PART 121— FOOD ADDITIVES port, or if shipment from the United tificate” may also mean an inspection States is by truck or rail, the date the certificate issued by or under the super­ Subpart D— Food Additives Permitted shipment clears U.S. customs. If flax­ vision of a surveyor or chemist mutually in Food for Human Consumption seed or linseed oil is lost, destroyed or agreed upon by the seller, buyer, and damaged after loading on board an ex­ CCC. Subpart F— Food Additives Resulting port vessel, exportation shall be deemed § 1486.157 U.S. Government agency. From Contact With Containers or to have been made as of the date of the Equipment and Food Additives U.S. Government agency means any on-board-export-vessel ocean bill of lad­ Otherwise Affecting Food ing or the latest date appearing on the corporation wholly owned by the Federal loading tally sheet or similar documents Government and any department, bu­ O l e f in P o l y m e r s if the loss, destruction or damage occurs reau, administration or other unit of the Three comments were received in re­ subsequent to loading aboard ship but Federal Government, as for example, the sponse to the notice published in the prior to issuance of on-board-ship ocean Departments of the Army, Navy, and Air Federal Register of July 13, 1965 (30

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2961

PR. 8794), proposing that certain food in paragraph (c) of this section, when units derived from ethylene and/or additive regulations be amended to pro­ tested by the methods described in para­ propylene. vide a single regulation for olefin poly­ graph (d) of this section. (b) The basic olefin polymers identi­ mers used as articles or components of (1) Polypropylene consists of basic fied in paragraph (a) of this section may articles for food-contact use. The pro­ polymers manufactured by the catalytic contain optional adjuvant substances re­ posal was based in part on a petition polymerization of propylene. quired in the production of such basic (PAP 5B1570) filed by W. R. Grace & Co., (2) Polyethylene consists of basic olefin polymers. The optional adjuvant Polymer Chemicals Division, 225 All­ polymers manufactured by the catalytic substances required in the production of wood Road, Clifton, N.J., 07015. polymerization of ethylene. the basic olefin polymers may include On the basis of one comment received, (3) Olefin copolymers consist of basic substances permitted for such use by copolymers manufactured by the cata­ applicable regulations in this Part 121, the table of specifications in proposed substances generally recognized as safe § 12 1 .2 5 0 1 (c) has been changed to in­ lytic copolymerization of two or more dicate that the higher specifications for of the monomers ethylene, propylene, in food and food packaging, and sub­ polyethylene and olefin copolymers are butene-1, and 2,2,4-trimethylpentene. stances used in accordance with a prior applicable to these polymers in articles Such olefin basic copolymers contain not sanction or approval used for packing or holding food during less than 85 weight-percent of polymer (c) Specifications: cooking. Maximum extractable Maximum soluble, On the basis of the other two com­ fraction (expressed as fraction (expressed as ments, proposed § 121.2501(d) has been Olefin polymers Density Melting percent by weight of percent by weight ->f point polymer) in »-hexane polymer) in xylene at revised to specify that analytical meth­ at specified specified temperatures ods for determining whether the olefin temperatures polymers conform to the prescribed spec­ ifications are applicable to the basic ole­ Degrees C. fin polymers in film form not exceeding l . i Polypropylene. 0.88(1-0.913 160-180 6.4 percent at reflux 9.8 percent at 25° C. 4 mils in thickness- rather than the pro­ temperature. 1.2 Polypropylene, noncrystalline; for 0.80 -0.88 posed form of flakes, powder, or granules use only to plasticize polyethylene having a particle size that will pass described under items 2.1 and 2.2 of this table, provided that such through a U.S. standard sieve No. 50. plasticized polymers meet the max­ The proposed flake, powder, and granule imum extractable fraction specifi­ cations prescribed forpsuch basic sample forms were found to be inade­ polyethylene. quately defined to obtain sufficient repro­ 2.1 Polyethylene for use in articles that 0.85 -1.00 5.5 percent at 50° C__ 11.3 peroent at 25° O. contact food except for articles used ducibility of results. It was decided to for packing or holding food during lim it sample film thickness to 4 mils be­ ' cooking. cause of new information indicating that 2.2 Polyethylene for use in articles used 0,85 -1.00 2.6 percent at 50° C__ Do. for packing or holding food during extraction of thicker sample film with cooking. n-hexane was not sufficiently complete 2.3 Polyethylene for use only as com­ 0.85 -1.00 53.0 percent at 50° C„. 75.0 percent at 25° C. ponent of food-contact coatings at for the purpose of identifying the basic levels up to and including 5t) per­ olefin polymers that are safe for Use in cent by weight of any mixture em­ ployed as a food-contact coating. articles that contact food. On the basis 3.1 Olefin copolymers for use in articles 0.85 -1.00 5.5 percent at 50° O__ 30.0 percent at 25° C. of one of the comments, and further con­ that contact food except for articles sideration, description of ethylene-al- used for packing or holding food during cooking. kene-1 copolymers has been revised to 3.2 Olefin copolymers for use in articles 0.85 -1.00 2.6 percent at 50° C__ Do. better identify the olefin copolymers that used for packing or holding food have been shown to be safe for use as during cooking. components of food-contact articles. Therefore, pursuant to the provisions (d) The analytical methods for deter­ (3) Funnels, ribbed 75-millimeter di­ of the Federal Food, Drug, and Cosmetic mining whether olefin polymers conform ameter, stem cut to 40 millimeters. Act (sec. 409, 72 Stat. 1784 et seq.; 21 to the specifications prescribed in this (4) Funnels, Büchner type, with U.S.C. 348) and under the authority del­ section are as follows, and are applicable coarse-porosity fritted disc, 60-milli­ egated to the Commissioner by the Sec­ to the basic polymer in film form not ex­ meter diameter. retary of Health, Education, and Wel­ ceeding 4 mils in thickness. The film (5) Bell jar for vacuum filtration into fare (21 CFR 2.90), the amendments to be tested shall be cut into approxi­ beaker. proposed, with above-specified changes mately 1-inch squares by any convenient (b) Reagent. n-Hexane, commercial and minor editorial changes, are adopted method that avoids contamination by grade, specific gravity 0.663-0.667 (20° by amending Part 121 in the following dust, dirt, or grease (note: Do not touch C./200 C.), boiling range 66° C.-69° C., respects: samples with bare fingers—use forceps to or equivalent. hold or transfer samples). (c) Procedure. Weigh 1 gram of § 121.1180 [Amended] (1) Density. Density shall be de­ sample accurately and place in a 250- 1. S e c t i o n 121.1180 Ion-exchange termined by ASTM Method D 1505. milliliter Erlenmeyer flask containing membranes is amended by changing (2) Melting point. The melting point two or three boiling stones. Add 100 the reference “§ 121.2510” in the first shall be determined on a hot-stage ap­ milliliters of solvent, attach the flask to s e n t e n c e of paragraph (a) to read paratus. The use of crossed nicol prisms the condenser (use no grease), and re­ “§ 121.2501.” with microscope hot-stage reading of flux the mixture for 2 'hours. Remove the thermometer when the birefringence the flask from the heat, disconnect the 2. Section 121.2501 is revised to read disappears increases the accuracy. condenser, and filter rapidly, while still as follows: (3) Maximum extractable fraction in hot, through a small wad of glass wool § 121.2501 Olefin polymers. n-hexane—(i) Polypropylene. A sample packed in a short-stem funnel into a is refluxed in the solvent for 2 hours tared 150-milliliter beaker. Rinse the The olefin polymers listed in para­ flask and filter with two 10-milliliter por­ graph (a) of this section may be safely and filtered at the boiling point. Thé used as articles or components of articles filtrate is evaporated and the total res­ tions of the hot solvent, and add the rins­ intended for use in contact with food, idue weighed as a measure of the sol­ ings to the filtrate. Evaporate the fil­ subject to the provisions of this section. vent extractable fraction. trate on a steam bath with the aid of a (a) For the purpose of this section, (a) Apparatus. (1) Erlenmeyer stream of nitrogen. Dry the residue in a olefin polymers are basic polymers manu­ flasks, 250-milliliter, with ground joint. vacuum oven at 110° C. for 2 hours, cool factured as described in this paragraph, (2) Condensers, Allihn, 400-millimeter in a desiccator, and weigh to the nearest so as to meet the specifications prescribed jacket, with ground joint. 0.0001 gram. Determine the blank on

FEDERAL REGISTER. VOL. 31. NO. 35— SATURDAY, FEBRUARY 19, 1966 2962 RULES AND REGULATIONS

120 milliliters of solvent evaporated in a of 1-liter capacity. Determine the (3) Magnetic stirrer for use under the tared 150-milliliter beaker. Correct the weight of the filtrate recovered to the heating mantle (combination magnetic sample residue for this blank if signifi­ nearest gram. Recovery should be at stirrer and hotplate may be used if cant. least 90 percent of the original solvent. aluminum block is used in place of heat­ Calculation: Losses due to evaporation during heat­ ing mantle). G ram s of residue ing and filtering have been found not to (4) Variable-voltage transformer, 7.5 G ram s of sam ple x exceed 10 percent. Transfer about half amperes. ^Percent extractable with n-hexane. of the solvent filtrate to a 1-liter beaker (5) Tetrafluorqethylene - resin-coated placed on an opening in the steam bath stirring bar, 1-inch long. (ii) Polyethylene and olefin copoly­ and immediately cover with the. special (6) Constant temperature water bath mers. A sample is extracted at 50° C. in “gas” cover, the inlet tube of which has maintained at 25° C.±0.5° C. the solvent for 2 hours and filtered. The been attached with flexible tetrafluoro- (7) Aluminum dishes, 18 millimeters x filtrate Is evaporated and the total resi­ ethylene tubing to a source of high- 60 millimeters, disposable. due weighed as a measure of the solvent purity nitrogen in series with a stainless (8) Funnel, Büchner type, with coarse- extractable fraction. steel heating coil immersed directly in porosity fritted disc, 30-60 millimeter (a) Extraction apparatus. Two-liter, the body of the steam bath. Maintain diameter. straight-walled, Pyrex (or equivalent) a positive flow of warm nitrogen gas (&) Reagent. Xylene with antioxi­ resin kettles, fitted with three-hole throughout the evaporation of the sol­ dant. Dissolve 0.020 gram of phenyl-/?- ground-glass covers are most conven­ vent, adding the remainder of the filtrate naphthylamine in 1 liter of industrial ient for this purpose. The cover is fitted from the Erlenmeyer flask as the evapo­ grade xylene having specific gravity with a thermometer, a gas-tight stirrer ration proceeds. When the volume of the 0.856—0.867 (20° C./200 C.) and boiling driven by an air motor or explosion-proof solvent has been reduced to about 50 range 123° C.-1600 C. electric motor, and a reflux condenser. milliliters, transfer the concentrated (c) Procedure. Weigh 1 to 2 grams The kettle is fitted with an electric heat­ liquid to a previously tared weighing dish of sample to the nearest 0.001 gram and ing mantle of appropriate size and shape, of suitable size. Wash the beaker twice place in a 125-milliliter Pyrex reagent which is controlled by a variable-voltage with 20-30 milliliter portions of warm bottle containing a 1-inch long tetra- transformer. solvent, adding the washings to the fluoroethylene-resin-coated stirring bar. (b) Evaporating apparatus. Rapid weighing dish while continuing to evap­ Add 100 milliliters of solvent, set the stop­ evaporation of large volumes of solvent orate the remainder of the solvent under per in lightly, and place the bottle in the requires special precautions to prevent the gas cover with its flow of warm heating mantle or aluminum block main­ contamination by dust. This is facili­ nitrogen directed toward the center of tained at a temperature of 120° C., and tated by a special “gas” cover consist­ the dish. In the event that an insoluble stir with a magnetic stirrer until the ing of an inverted flat Pyrex crystallizing residue that cannot be removed \tath sample is completely dissolved. Remove dish of an appropriate size (190 milli­ warm solvent remains in the beaker, it the bottle from the heat and allow it to meters x 100 millimeters) to fit a 1-liter may be necessary to heat with a small cool 1 hour in the air, without stirring. beaker. Through the center of the dish amount of a higher boiling solvent such Then place the bottle in a water bath are sealed an inlet tube for preheated, as benzene or toluene, transferring maintained at 25° C. ±0.5° C., and al­ oxygen-free nitrogen, and an outlet tube these washings to the weighing dish be­ low to stand 1 hour without stirring. located 1 inch off center. Nitrogen is fore final evaporation to dryness. Trans­ Next, remove the bottle from the water fed from the supply source through a fer the weighing dish with its residue to a bath, shake, and pour part of the con­ coil of ^4-inch stainless steel tubing im­ vacuum desiccator, and allow it to re­ tents into the coarse-porosity fritted- mersed in the same steam bath used to main overnight (at least 12 hours), after glass funnel. Apply suction, and draw supply heat for solvent evaporation. All which the net weight of the dry residue 30—40 milliliters of filtrate through, add­ connections are made with flexible tetra- is determined to the nearest 0.0001 gram. ing more slurry to the funnel, and fluoroethylene tubing. Correct the result for any solvent blank catching the filtrate in a large test tube. (c) Reagents—(1) n-Hexane. Spec- equivalent to the nonvolatile matter de­ (If the slurry is hard to filter, add 10 trograde w-hexiane. termined to be contained in the amount grams of diatomaceous earth filter aid to (2) Nitrogen. High-purity dry nitro­ of solvents used in the test. the bottle and shake vigorously just prior gen containing less than 10 parts per (4) Maximum soluble fraction into the filtration.) Pipet a suitable ali­ million of oxygen. xylene—(i) Polypropylene. A sample is quot (preferably 20 milliliters) of the (d) Procedure. Transfer 2.5 grams dissolved completely in xylene by heat­ filtrate into a tared aluminum disposable (accurately weighed to nearest 0.001 ing and stirring in a bottle with little free dish. Place the dish on a steam bath gram) of the polymer to the resin ket­ space. The solution is allowed to cool covered with a fresh sheet of aluminum tle. Add 1 liter of solvent and clamp without stirring, whereupon the insoluble foil and invert a short-stemmed 4-inch top in position. Start water flowing portion precipitates and is filtered off; funnel over the dish. Pass nitrogen through jacket of the reflux condenser the total solids content of the filtrate is (heated if desired) down through the and apply air pressure to the stirring then determined as a measure of the sol­ funnel at a rate sufficient to just ripple motor to produce vigorous agitation. uble fraction. the surface of the solvent. When the (a) Apparatus. (1) Pyrex (or equiv­ liquid has evaporated, place the dish in Turn on heating jacket with transformer alent) reagent bottle, 125-milliliter, a vacuum oven at 140° C. and less than 50 set at a predetermined voltage to bring glass-stoppered. millimeters mercury pressure for 2 hours. the temperature of the contents to 50° (2) Heating mantle of size for 150- Cool in a desiccator and weigh. (Note: C. within 20-25 minutes. As the ther­ milliliter beaker (or suitable aluminum If the residue value seems high, redry in mometer reading approaches 45° C.-470 block to fit the 125-milliliter bottle de­ the vacuum oven for one-half hour to C., reduce the voltage to the predeter­ scribed in (1) of this subdivision (i) (a )). insure complete removal of all xylene sol­ mined setting that will just maintain the vent.) temperature at 50° C. Do not overshoot Calculation: " ' , ------——*------the prescribed temperature. Should this occur discard the test and start afresh. Grams of residue ._____ 100 milliliters Exactly 2 hours after the solvent tem­ Grams of sample volume of aliquot in mounters * 100=Percent soluble in xylene perature has reached 50° C., disconnect the heater, remove the resin kettle from (ii) Polyethylene and olefin copoly­ the heating jacket, and decant the sol­ mers. A sample is extracted in xylene (a) Apparatus—(1) Extraction ap­ vent, while still warm, through a coarse at reflux temperature for 2 hours and paratus. Two-liter, straight-walled Py­ filter paper placed on top of a fritted- rex (or equivalent) resin kettles, fitted filtered. The filtrate is evaporated and with ground-glass covers, are most con­ glass funnel, collecting the filtrate in a the total residue weighed as a measure of venient for this purpose. The cover is tared, glass-stoppered Erlenmeyer flask soluble fraction. equipped with a thermometer and an

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 RULES AND REGULATIONS 2963 efficient reflux condenser. The kettle is Start a flow of nitrogen (2 to 3 liters per a. In the “Limitations” column for fitted with an electric heating mantle minute) into the gas cover and connect the item “Polyisobutylene (mol. wt. 300- of appropriate size and shape which an aspirator to the receiver, using a free­ 5,000)”, by changing the reference to is controlled by a variable-voltage flow rate equivalent to 6-7 liters of air “§ 121.2510” to read “§ 121.2501”. transformer. per minute. With the infrared lamp, on, b. By deleting the item “Polypropyl­ (2) Constant temperature water bath. adjust the voltage to the heating mantle ene, noncrystalline (density * * *”. It must be large enough to permit im­ to give a distillation rate of 12-13 milli­ 6. Paragraph (b) of § 121.2543 Pack­ mersion of the extraction kettle and set liters per minute when the magnetic aging materials for use in radiation pres­ to maintain 25° C.±0.1° C. stirrer is revolving just fast enough to ervation of prepackaged foods is amended (3) Evaporating apparatus. Gas cov­ promote good boiling. When the volume by changing subparagraph (4) to read er consisting of a flat Pyrex crystallizing of solvent in the beaker has been reduced as indicated and by deleting subpara­ dish (190 millimeters x 100 millimeters) to 30-50 milliliters, transfer the concen­ graphs (5) and (6), which are reserved, inverted to fit over a 1-liter beaker with trated extractive to a suitable weighing as follows: 8-millimeter gas inlet tube sealed dish that has been previously tared through center and an outlet tube 1 inch (dry). Rinse the beaker twice with 10- § 121.2543 Packaging materials for use off center. The beaker with gas cover 20 milliliter portions of fresh xylene, in radiation preservatimi of pre­ is inserted in an electric heating mantle adding the rinsings to the weighing dish. packaged foods. equipped with a variable-voltage trans­ Evaporate the remainder of the xylene ***** former; The outlet tube is attached to on an electric hotplate set at low heat (b) * * * an efficient condenser mounted on a re­ under the gas cover with a stream of (4) Polyolefin film prepared from one ceiving flask for solvent recovery and nitrogen directed toward the center of or more of the basic olefin polymers having an outlet for connection to an the dish. Avoid any charring of the complying with § 121.2501. The finished aspirator pump. The heating mantle residue. Transfer the weighing dish to film may contain adjuvant substances (with the beaker) is mounted on a mag­ a vacuum desiccator at room tempera­ used in compliance with §§ 121.2001 and netic stirring device. An infrared heat ture and allow to remain under reduced 121.2511. lamp is mounted vertically 3-4 inches pressure for at least 12 hours (over­ (5) [Reserved] above the gas cover to prevent condensa­ night), after which determine the net (6) [Reserved] tion of the solvent inside the cover. weight of the residue to the nearest ***** Make all connections with flexible tetra- 0.0001 gram. Correct the result for non­ fluoroethylene tubing. volatile solvent blank obtained by evap­ 7. Section 121.2554 is amended by (b) Reagents—(i) Xylene. American orating the equivalent amount of xylene changing paragraph (b) , the introduc­ Chemical Society reagent grade that has under identical conditions. Calculate tion to paragraph (c), and subparagraph been redistilled through a fractionating the weight of residue originally present (2) of paragraph (c) to read as follows: column to reduce the nonvolatile residue. in the total weight of solvent (840 § 121.2554 Ethylene-ethyl acrylate co­ (2) Nitrogen. High-purity dry nitro­ grams), using the appropriate fac­ polymers. gen containing less than 10 parts per tor based on the weight of filtrate ***** million oxygen. evaporated. (c) Procedure. Transfer 5 grams (e) Polyethylene and olefin copol­ (b) The ethyl acrylate content of the ±0.001 gram of sample to the resin ket­ ymers, alone or in combination, may be copolymer does not exceed 8 percent by tle, add 1,000 milliliters (840 grams) of subjected to irradiation bombardment weight unless it is blended with poly­ xylene, and clamp top in position after from a source not to exceed 2.3 million ethylene or with one or more olefin inserting a piece of glass rod to prevent volts intensity to cause molecular cross- copolymers complying with § 121.2501 bumping during reflux. Start water linking of the poisoners to impart desired or with a mixture of polyethylene and flowing through the jacket of the reflux properties, such as increased strength one or more olefin copolymers, in such condenser and apply full voltage (115 and increased ability to shrink when ex­ proportions that the ethyl acrylate con­ volts) to the heating mantle. When the posed to heat. tent of the blend does not exceed 8 per­ xylene starts to boil, reduce the voltage (f) The olefin polymers identified in cent by weight, or unless it is used in to a level just sufficient to maintain re­ and complying with this section, when a coating complying with § 121.2514 or flux. After refluxing for at least 2 hours, used as components of the food-contact § 121.2526, in such proportions that the disconnect the power source to the man­ surface of any article that is the sub­ ethyl acrylate content does not exceed 8 tle, remove the kettle, and allow to cool ject of a regulation in this Subpart P, percent by weight of the finished coating. in air until the temperature of the con­ shall comply with any specifications and (c) Ethylene-ethyl acrylate copoly­ tents drops to 50°. C., after which the limitations prescribed by such regula­ mers or the blend shall conform to the kettle may be rapidly cooled to 25° C.-300 tion for the article in the finished form specifications prescribed in subpara­ C., by immersing in a cold water bath. in which it is to contact food. graph (1) of this paragraph and shall Transfer the kettle to a constant tem­ (g) The provisions of this section are meet the ethyl acrylate content limits perature bath set to maintain 25° C. not applicable to olefin polymers identi­ prescribed in paragraph (b) of this sec­ ±0.1° C., and allow to equilibrate for at fied in § 121.2520(c) (5) and used in food­ tion, and the extractability limits pre­ least 1 hour (may be left overnight if packaging adhesives complying with scribed in subparagraph (2) of this para­ convenient). Break up any precipitated § 121.2520. graph, when tested by the methods pre­ polymers that may have formed, and scribed for polyethylene in § 121.2501. decant the xylene solution successively § 121.2507 [Amended] * * * * * through a fast filter paper and then 3. Section 121.2507 Cellophane is (2) Limitations. Ethylene-ethyl acry­ through a fritted-glass filter into a tared amended by deleting from the list in late copolymers or the blend may be 1-liter Erlenmeyer flask, collecting only paragraph (c) the item “Ethylene- used in contact with food except as a the first 450 milliliters-500 milliliters of alkene-1 copolymers complying with component of articles used for packaging filtrate (any attempt to collect more of the § 121.2508” and by inserting alphabeti­ or holding food during cooking provided xylene solution usually results in clogging cally an item reading “Olefin copolymers they meet the following extractability the filter and risking losses). Reweigh complying with § 121.2501”. limits: the Erlenmeyer flask and calculate the §§ 121.2508,121.2510 [Revoked] (i) Maximum soluable fraction of 11.3 weight of the filtrate obtained to the nearest 0.1 gram. Transfer the filtrate, 4. Sections 121.2508 Ethylene-alkene- percent in xylene after refluxing and quantitatively, from the Erlenmeyer flask 1 copolymers and 121.2510 Polyethylene subsequent cooling to 25° C. to the 1-liter beaker, insert the beaker are revoked. (ii) Maximum extractable fraction of in its heating mantle, add a glass-coated § 121.2511 [Amended] 5.5 percent when extracted with n-hex- magnetic stirring bar, and mount the gas ane at 50° C. cover in place, connecting the inlet tube 5. Paragraph (b) of § 121.2511 Plasti­ to the nitrogen source and the outlet to cizers in “polymeric substances is § 121.2566 [Amended] the condenser of the receiving flask. amended: *****

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 No. 35- * 2964 RULES AND REGULATIONS

8. Paragraph (b) of § 121.2566 Anti­ § 121.2569 Resinous and polymeric order and specify with particularity the oxidants and/or stabilizers for polymers coatings for polyolefin films. provisions of the order deemed objec­ is amended by changing all cross-refer­ (a) The coating is applied as a con­ tionable and the grounds for the ob­ ences to §§ 121.2508 and 121.2510 under tinuous film over one or both sides of a jections. If a hearing is requested, the limitations so that they refer to § 121.- base film produced from one or more of objections must state the issues for the 2501, as follows: the basic olefin polymers complying with hearing. A hearing will be granted if a. In the first item listed, “§§ 121.2501, § 121.2501. The base polyolefin film may the objections are supported by grounds 121.2508, and 121.2510” is changed to contain optional adjuvant substances legally sufficient to justify the relief read “§ 121.2501”. permitted for use in polyolefin film by sought. Objections may be accompanied b. In the third item, under limitation applicable regulations in this Part 121. by a memorandum or brief in support 2, “§ 121.2510” is changed to “§ 121.2501”. thereof. c. In the sixth item, “§§ 121.2501,121.- ***** 2508, and 121.2510” is changed to read Any person who will be adversely af­ Effective date. This order shall be­ “§ 121.2501”, fected by the foregoing order may at any come effective on the date of its publica­ d. In the ninth item, under limitation time within 30 days from the date of its tion in the F ederal R eg ister. 4, “§ 121.2510” is changed to “§ 121.2501”. publication in the F ederal R egister file (Sec. 409, 72 S tat. 1784 et seq.; 21 U.S.C. 348) e. In the 10th item, under limitations with the Hearing Clerk, Department of 2 and 3, “§ 121.2510” is changed to Health, Education, and Welfare, Room Dated: February 14, 1966. “§ 121.2501”. 5440, 330 Independence Avenue SWM J. K . K ir k , f. In the 13 th item, under limitation Washington, D.C., 20201, written objec­ Assistant Commissioner 2, “§ 121.2510” is changed to “§ 121.2501”. tions thereto, preferably in quintuplicate. for Operations. 9. Section 121.2569(a) is amended to Objections shall show wherein the person [F.R. Doc. 66-1776: Filed, Feb. 18, 1966; read as follows: filing will be adversely affected by the 8:45 a m .]

FEDERAL REGISTER, V O L 31, NO. 35— SATURDAY, FEBRUARY T9, 1966 2965

Proposed Rule Making

Under the proposed interpretation, this decision with the Hearing Clerk, U.S. DEPARTMENT OF AGRICULTURE persons who purchase lots of yellow or Department of Agriculture, Washington, green soybeans for human consumption D.C., 20250, by the third day after pub­ Consumer and Marketing Service may want to specify that the soybeans lication of this decision in the F ederal shall contain not more than a certain R eg ister. The exceptions should be filed [ 7 CFR Part 26 1 percentage of seedcoats with black or in quadruplicate. All written submis­ BICOLORED SOYBEANS brown streaks or splotches. Upon re­ sions made pursuant to this notice will quest, the percentage of soybeans with be made available for public inspection Notice of Proposed Interpretation Re­ black or brown streaks or splotches could at the Office of the Hearing Clerk during garding Term When Used in Official be shown on inspection certificates for regular business hours (7 CFR 1.27(b) ). Grain Standards such lots. Preliminary statement. The hearing Because of the widespread interest in on the record of which the proposed Statement of considerations. Under the grading of bicolored soybeans, op­ amendments, as hereinafter set forth, to the Official Grain Standards of the portunity is hereby afforded interested the tentative marketing agreements and United States for Soybeans (7 CFR parties to submit- written data, views, or to the orders as amended, were formu­ 26.601-26.603) bicolored soybeans (soy­ arguments with respect to the proposed lated was conducted at Baltimore, Md., beans with seedcoats of two colors, one interpretation to the Hearing Clerk, U.S. on February 3, 1966, pursuant to notice of which is black or brown) and black or Department of Agriculture, Washington, thereof which was issued January 20, brown soybeans are considered objec­ D.C., 20250. All written submissions 1966 (31 F.R. 974). tionable when present in soybeans of the should be in duplicate and should be re­ The material issue on the record of the class yellow or green soybeans. Accord­ ceived by the Hearing Clerk not later hearing relates to the level of the Class I ingly, maximum limits of bicolored soy­ than 30 days after this notice is published price. beans and/or black or brown soybeans in the F ederal R eg ister. All written Findings and conclusions. The follow­ have been established in the standards submissions made pursuant to this notice ing findings and conclusions on the ma­ for yellow and green soybeans. will be made available for public inspec­ terial issue are based on evidence pre­ In recent years, soybeans with black or tion at the office of the Hearing Clerk sented at the hearing and the record brown pigmented streaks or splotches in during regular business hours (7 CFR thereof : the seedcoats have appeared in commer­ 1.27(b) ). Consideration will be given to The Class I price in -the Washington, cial lots of yellow or green soybeans in the written data, views, or arguments re­ D.C., order (No. 3) and the Upper Chesa­ various- midwestern and southern grain ceived by the Hearing Clerk and to other peake Bay order (No. 16) should be not markets. When the streaks or splotches information available to the U.S. De­ less than $5.40 for the period March were distinct, the soybeans were con­ partment of Agriculture before a final through June 1966, and the basic Class I sidered to have seedcoats of two colors interpretation is issued. price in these respective markets should and to be bicolored soybeans. The oc­ Done in Washington, D.C., this 16th be $5.55 July 1966 through February currence of the soybeans with the streaks 1967. or splotches has not been significant un­ day of February 1966. The principal cooperative in Order 3 til recent months. It has now become G. R. G range, proposed Class I price of $6.00 in March one of the more important factors in Deputy Administrator, and $5.60 in April, May, and June 1966. grading yellow soybeans in some areas. Marketing Services. The principal Order 16 cooperative pro­ Soybean specialists indicate that the [F.R. Doc. 66-1811; Filed, Feb. 18, 1966; posed approximately $5.66 in March and black or brown streaks or splotches in 8:47 a.m.] $5.60 in April, May, and June 1966. the seedcoats are not known to be related The $5.60 price for April through June to the oil quality or oil content in the is the same price as is expected to pre­ soybeans, and are hot necessarily a ge­ 17 CFR Parts 1003, 1016 1 vail under the Delaware Valley market netic characteristic. Soybean merchan­ [Docket Nos. AO—293—All, AO—312—A7] (Order 4) during that period. The price disers indicate that the black or brown herein recommended for the period July streaks or splotches are considered to be MILK IN WASHINGTON, D.C., AND 1966 through February 1967 would re­ an appearance factor only and are not establish the same price basis as pre­ considered objectionable by the end UPPER CHESAPEAKE BAY MARKET­ ING AREAS vailed before January 1963. users. Accordingly, it is questioned The Order 3 and Order 16 markets are whether the soybeans with the black or Notice of Recommended Decision and. closely related and similar conditions af­ brown streaks or splotches should be con­ fecting the pricing of milk prevail. Han­ sidered bicolored soybeans. Opportunity to File Written Excep­ tions on Proposed Amendments to dlers under the two orders compete for Pursuant to section 8 of the U.S. Grain sales in a number of places both inside Standards Act, as amended (7 U.S.C. 84), Tentative Marketing Agreements and outside their marketing areas and the following interpretation of the Offi­ and Orders often bid on the same military contracts. cial Grain Standards of the United States for Soybeans is proposed for considera­ Pursuant to the provisions of the Agri­ Both markets obtain their milk supply cultural Marketing Agreement Act of principally from producing areas in tion and comment : 1937, as amended (7 U.S.C. 601 et seq.), Maryland, Virginia, and Pennsylvania. § 26.903 Interpretation with respect to and the applicable rules of practice and Producer receipts from the counties with­ the term “bicolored soybeans.’* procedure governing the formulation of in these States show substantial over­ The term “bicolored soybeans,” when Marketing agreements and Marketing lapping of production areas. Since the used in the Official Grain Standards of orders (7 CFR Part 900), notice is hereby two orders have been in effect, the same the United States for Soybeans (see given of the filing with the Hearing Class I price has applied in both orders. § 26.601 (i) ) shall be construed to include Clerk of this recommended decision with The Class I price in Orders 3 and 16 any soybeans with seedcoats of two respect to proposed amendments to the is computed by adding or subtracting a colors, one of which is black or brown, tentative marketing agreements and or­ supply-demand adjustment to $5.35 in when the black and/or brown color ders regulating the handling of milk in July through February and to $4.90 in covers 50 percent or more of the seed- the Washington, D.C., and Upper Chesa­ March through June. The Class I price coat. The hilum of a soybean shall not peake Bay marketing areas. Interested is subject to further modification in that be considered a part of the seedcoat. parties may file written exceptions to it may not differ (after adjusting for

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2966 PROPOSED RULE MAKING

seasonality in the two orders) by more 4 Class I price is now used in conjunction clusions set forth herein, the requests than 15 cents from the average of the with the Order 2 Class I price in deter­ to make such findings or reach such Order 4 and Order 2 (New York-New mining the Order 3 and Order 16 Class I conclusions are denied for the reasons Jersey) Class I prices. The Order 3 and price. A major argument used for hav­ previously stated in this decision. Order 16 Class I price averaged $5.43 in ing the Order 3 and 16 Class I price the General findings. The findings and 1965. same as the Order 4 Class I price was that determinations hereinafter set forth are There has been a continuous shorten- from some specified locations, the haul­ supplementary and in addition to the ing of supplies for the Order 3 and 16 ing rates to the Order 4 and Order 3 or findings and determinations previously markets relative to Class I sales in recent Order 16 plants are the same. It was not made in connection with the issuance of years and this situation has worsened in established, however, that such situa­ the aforesaid orders and of the previously recent months. Unless producers are tions are applicable to a substantial pro­ issued amendments thereto; and all of given assurance of improved returns, portion of the Order 3 and 16 producers said previous findings and determina­ substantially more production would so as to justify the Order 4 price in these tions are hereby ratified and affirmed, ex­ likely be lost to the Order 3 and 16 mar­ orders. A principal basis for establish­ cept insofar as such findings and deter­ kets. This would seriously impair the ing the Class I price in the Order 3 and minations may be in conflict with the maintenance of an adequate supply of Order 16 markets is the production for findings and determinations set forth pure and wholesome milk for these these markets relative to their Class I herein. markets. needs; it was not shown that the Order (a) The tentative marketing agree-; The basic Class I price of $5.55 herein 4 Class I price by itself measures better ments and the orders, as hereby pro­ provided from July 1966 through Febru­ this relationship than the factors now posed to be amended, and all of the terms ary 1967 was applicable in Orders 3 and used. Although the Order 4 Class I price and conditions thereof, will tend to ef­ 16 before January 1963. The current has value as one factor in determining fectuate the declared policy of the Act; basic price, which is 20 cents less, was in­ the Order 3 and Order 16 Class I price, (b) The parity prices of milk as de­ corporated into the orders because sup­ it would be economically inappropriate termined pursuant to section 2 of the plies for the two markets were then in­ to use it as the sole basis for such price for Act are not reasonable in view of the creasing at a faster rate than Class I even a limited period. price of feeds, available supplies of feeds, sales. This trend has been dramatically Substantially more than two-thirds of and other economic conditions which reversed and since 1963, Class I sales for the producers in both markets, through affect market supply and demand for the two markets have been increasing at their cooperative associations, supported milk in the marketing areas, and the a much faster rate than production. the proposals to increase the Class I price. minimum prices specified in the proposed Although Class I utilization of pro­ There was no opposition testimony at the marketing agreements and the orders, as ducer milk in the two markets from 1962 hearing to some upward adjustment in hereby proposed to be amended, are such to 1965 increased 21 percent from an the Class I price. The emphasis at the prices as will reflect the aforesaid fac­ average of 93 to 113 million pounds hearing, however, indicated that the tors, insure a sufficient quantity of pure monthly), production for the same peri­ Class I pricing problem in the market and wholesome milk, and be in the pub­ od increased but 9 percent (from an aver­ should be examined in the perspective of lic interest; and - age of 140 to 153 million pounds the long-range point of view rather than (c) The tentative marketing agree­ monthly). In the same 3-year period, in the perspective of the several months ments and the orders, as hereby pro­ production for the Washington market immediately ahead. In this connection, posed to be amended, will regulate the declined 1 percent, from 1,010 million producers’ spokesmen stated that if price handling of milk in the same manner as, pounds in 1962 to 997 million pounds in adjustments resulting from this decision and will be applicable only to persons 1965; Class I sales in the same period were made through June 1966, a hearing in the respective classes of industrial and increased 14 percent. The 75 percent would need to be held shortly to consider commercial activity specified in, a mar­ Class I utilization for Washington in 1965 prices subsequent to June. keting agreement upon which a hearing compares with 65 percent in 1962. For The attached decision, in providing for has been held. the last 3 months of 1965, the Washing­ Class I pricing from March 1966 through Recommended marketing agreements ton Class I utilization was better than February 1967, contemplates that a hear­ and orders amending the orders. The 80 percent of producer receipts. For ing will be held before the end of this following orders amending the orders as 1964 to 1965, when Class I sales for the period to consider comprehensively the amended regulating the handling of milk two markets increased 5.6 percent, from Class I pricing in thé Washington, D.C., in the Washington, D.C., and Upper 107 to 113 million pounds monthly, pro­ and Upper Chesapeake Bay orders. The Chesapeake Bay marketing areas are rec­ duction increased but 2.7 percent, from intervening time will afford a reasonable ommended as the detailed and appropri­ 149 to 153 million pounds. period for assessing the trend of the pros­ ate means by which the foregoing con­ Restoration of the 20 cents in the Class pective supply-sales relationship in the clusions may be carried out. The rec­ I basic price will provide some encour­ two markets before considering major ommended marketing agreements are not agement to farmers to maintain their changes in their Class I pricing provi­ included in this decision because the reg­ production. It is more appropriate to sions. Moreover, although the hearing ulatory provisions thereof would be the reinstitute this pricing in July, at the testimony emphasized that the Class I same as those contained in the orders, end of the flush production months, than pricing the present order provisions as hereby proposed to be amended: in the earlier months of high production. would now obtain were inappropriate, it For March through June of this year, was lacking with respect to what the Order Amending the Order Regulating the Class I price of not less than $5.40 Class I provisions should be on a per­ the Handling of Milk in the Washing­ herein provided will have the effect of manent basis. Until such provisions are ton, D.C., Marketing Area limiting to 26 cents the 45-cent seasonal established, the pricing herein provided In § 1003.50, the introductory text of decline that would otherwise take place through February 1967 will obtain a more paragraph (a) is revised to read as fol­ on March 1. The $5.40 price is about 19 appropriate Class I price during the in­ lows: cents higher in March and about 10 cents terim period than would otherwise pre­ higher for April, May, and June than vail. § 1003.50 Class prices. would otherwise prevail. The limited Rulings on proposed findings and con­ ***** Class I price adjustments in these months clusions. Briefs and proposed findings (a) Class I price. The price for Class of seasonally high production will pro­ and conclusions were filed on behalf of I milk shall be $5.55 per hundredweight vide a reasonable transition for reinstat­ certain interested parties. These briefs, for the months of July 1966 through ing in July 1966 the basic Class I price proposed findings and conclusions and February 1967 and $4.90 per hundred­ that had previously been effective in the the evidence in the record were con­ weight for the months of March through orders. sidered in making the findings and con­ June 1966 subject to any supply-demand The proposal to use the Order 4 Class clusions set forth above. To the extent adjustment computed pursuant to sub- I price solely as the basis for the Order 3 that the suggested findings and conclu­ paragraph (1) of this paragraph: Pro­ and Order 16 Class I prices for March sions filed by interested parties are in­ vided, That the Class I price shall not through June 1966 is denied. The Order consistent with the findings and con­ differ by more than 15 cents from the

FEDERÀL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 PROPOSED RULE MAKING 2967 average price determined pursuant to It is proposed that Part 130 be plicant, or reported to him by any person, subparagraph (2) of this paragraph: amended: or reports in the scientific literature that And provided further, That the Class I 1. By inserting in § 130.1 an introduc­ are received or otherwise obtained by price for March, April, May, and June tion to the section, by changing para­ him, involving the drug that is the sub­ 1966 shall be not less than $5.40. graph (a), and by adding two new para­ ject of the application and related drugs, graphs, as follows: that are pertinent to the safety or effec­ ***** tiveness of the drug. An adequate sum­ Order Amending the Order Regulating § 130.1 Definitions and interpretations. mary and bibliography of reports in the the Handling of Milk in the Upper As used in this part: scientific literature will ordinarily suffice Chesapeake Bay Marketing Area (a) The term “act” means the Fed­ and a bibliography will suffice for reports In § 1016.50, the introductory text of eral Food, Drug, and Cosmetic Act ap­ published in designated journals, listed paragraph (a) is revised to read as proved June 25, 1938 (52 Stat. 1040 et in § 130.37, by reason of information follows: seq., as amended; 21 U.S.C. 301-392). about related drugs. * * * * * (2) Animal experience, studies, inves­ § 1016.50 Class prices. tigations, and tests conducted by the ap­ ***** (i) The phrase “related drug(s)” in­ cludes other brands, potencies, dosage plicant, or reported to him by any person, (a) Class I price. The price for Class forms, salts, and esters of the same drug or reports in the scientific literature that I milk shall be $5.55 per hundredweight moiety, including articles prepared or are received or otherwise obtained by for the months of July 1966 through manufactured by other manufacturers; him, involving the drug that is the sub­ February 1967 and $4.90 per hundred­ and any other drug containing a com­ ject of the application and related drugs, weight for the months of March through ponent so closely related by chemical that are pertinent to the safety or effec­ June 1966 subject to any supply-demand structure or known pharmacological tiveness of the drug. An adequate sum­ adjustment computed pursuant to sub- properties that it is prudent to consider mary and bibliography of reports in the paragraph (1) of this paragraph: Pro­ carefully the possibility of similar side scientific literature will ordinarily suffice vided, That the Class I price shall not effects, contraindications, and effective­ and a bibliography will suffice for reports differ by more than 15 cents from the ness. published in designated journals, listed average price determined pursuant to (j) “Designated journal(s)” means in § 130.37, by reason of information subparagraph (2) of this paragraph: journals listed in § 130.37. about related drugs. And provided further, That the Class I ***** price for March, April, May, and June § 130.3 [Amended] 1966 shall be not less than $5.40. 2. By changing in § 130.3 New drugs 5. By changing § 130.30(b) (3) to read * * * * * for investigational use; exemptions from as follows: Signed at Washington, D.C., on: Feb­ section 505(a), paragraph (a)(2), the § 130.30 Untrue statements in applica- ruary 16,1966. last sentence under “7” in Form FD tion* 1571 to read: “It shall describe all rele­ ♦ ♦ * * * C larence H. G irard, vant hazards, contraindications, side- (b) * * * Deputy Administrator, effects, and precautions suggested by (3) Investigations or experience with Regulatory Programs. prior investigations and experience with the drug that is the subject of the ap­ [F.R. Doc. 66-1800; Filed. Feb. 18, 1966; the drug under investigation and related plication, or any related drug, available 8:47 a m .] drugs for the information of clinical to the applicant from any source, if such investigators.” information is pertinent to an evaluation 3. By changing in § 130.4(c), Form FD of the safety, effectiveness, identity, 356, iii under la to read as follows: strength, quality, or purity of the drug, DEPARTMENT OF HEALTH, EDU­ § 130.4 Applications. when such omission would bias an evalu­ ♦ * * * * ation of the safety or effectiveness of the drug. CATION, AND WELFARE (c) * * * 6. By adding the following new section: Food and Drug Administration Farm FD-356—Rev. 1965. ***** § 130.37 Designated journals. [21 CFR Part 1301 i * * • The following journals are available to NEW DRUGS a. * * * the Food and Drug Administration and ill. All Information pertinent to an eval­ thus permits waiving of the submission Requirements for Submission of uation of the safety and effectiveness of the of reprints and summaries covering re­ Information on Related Drugs drug received or otherwise obtained by the ports contained in these journals to the applicant from any source, including infor­ extent that such requirements are waived Pursuant to the provisions of the Fed­ mation derived from other investigations or in the regulations in this part: eral Food, Drug, and Cosmetic Act (secs. commercial marketing (for example, out­ 505, 701(a), 52 Stat. 1052, 1055, as side the United States) or reports in the Acta Allergologica (Copenhagen). scientific literature, involving the drug that Acta Endocrinologica (Copenhagen). amended; 21 U.S.C. 355, 371(a)) the is the subject of the application and related Acta Haematologica (Basel). Commissioner of Food and Drugs, on drugs. An adequate summary may be ac­ Acta Medica Scandinavica (Stockholm). his own initiative, and under the author­ ceptable in lieu of a reprint of a published Acta Obstetricia et Gynecologica Scandina­ ity delegated to him by the Secretary of report that only supports other data sub­ vica (Stockholm). Health, Education, and Welfare (21 CFR mitted, and reprints are not required Acta Paediatrica (Stockholm). 2.90), proposes that the procedural and of reports in designated journals, listed in Acta Pathologica et Microbiologica Scandina­ interpretative new-drug regulations be S 130.37, by reason of inform ation ab o u t re­ vica (Copenhagen). amended as set forth below to clarify the lated drugs. Include any evaluation of the Acta Pharmacologica et Toxicologica (Copen­ safety or effectiveness of the drug that has hagen) . requirements for submission of informa­ been made by the applicant’s medical de­ Acta Physiologica et Pharmacologica Neer- tion on related drugs. partment, expert committee, or consultants. landica (Amsterdam). Any interested person may, within 30 For reports on related drugs in the desig­ Acta Psychiatrica Scandinavica (Copen­ days from the date of publication of this nated journals, a bibliography will suffice. hagen) . notice in the F ederal R egister, file with 4. By changing § 130.13(a) (1) and Acta Psychiatrica Scandinavica Supple- the Hearing Clerk, Department of (2) to read as follows: mentum (Copenhagen). Health, Education, and Welfare, Room Aerospace Medicine (St. P a u l). 5440, 330 Independence Avenue SW., § 130.13 Records and reports concern­ Alabama Journal Medical Science (Birming­ Washington, D.C., 20201, written com­ ing experience on drugs for which ham ) . an approval is in effect. Alaska Medicine (Anchorage). ments, preferably in quintuplicate, on American Heart Journal (St. Louis). this proposal. Comments may be ac­ (a) * * * American Journal of Cardiology (New York). companied by a memorandum or brief in (1) Clinical experience, studies, inves­ American Journal of Clinical Nutrition (New support thereof. tigations, and tests conducted by the ap­ Y ork).

FEDERAL REGISTER, V O l. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2968 PROPOSED RULE MAKING

American Journal of Clinical Pathology British Journal of Venereal Diseases (Lon­ Hawaii Medical Journal (Honolulu) (Baltimore). don) . Headache (St.Louis). American Journal of Digestive Diseases (New British Medical Bulletin (London). Helvetica Medica Acta (Basel). Y ork). British Medical Journal (London). Helvetica Physiologica et Pharmacologies American Journal of Diseases of Children Bulletin of the Johns Hopkins Hospital Acta (Basel). (Chicago) . (Baltimore). Illinois Medical Journal (Chicago). American Journal of Gastroenterology (New Bulletin of Narcotic Drugs (New York) In d ian Jo u rn al of Medical Research (Cal. Y ork). Bulletin of the New York Academy of Medi­ c u tta ) . American Journal of Hospital Pharmacy cine (New York). In d ian Jo u rn al of Medical Sciences (Bom­ (Ann Arbor). Bulletin fo the Parenteral Drug Association bay). American Journal of Medicine (New York). (Philadelphia). Industrial Medicine and Surgery (Miami). American Journal of the Medical Sciences Bulletin of the Sloane Hospital for Women In tern atio n al Archives of Allergy and Applied (Philadelphia). (New York). . Im m unology (Basel) . American Journal of Obstetrics and Gynecol­ Bulletin of the Toilet Goods Association International Journal of Fertility (Spring- ogy (St. Louis). . (New York). field, Mass.) : American Journal of Ophthalmology (Chi­ Bulletin of the World Health Organization International Journal of Neuropsychiatry cago) . (G eneva). (C hicago). American Journal of Pathology (New York). Bulletin; University of Miami School of Internist (Berlin). American Journal of Pharmacy (Philadel­ Medicine and Jackson Memorial Hospital p h ia). Investigative Ophthalmology (St. Louis). (M iam i). Irish Journal of Medical Science (Dublin). American Journal of Physiology (Washing­ California Medicine (San Francisco). ton) . Japanese Journal of Medical Science and Canadian Anaesthetists’ Society Journal Biology (Tokyo). American Journal of Psychiatry (Hanover, (T oronto). N.H.). -.Japanese Journal of Pharmacology (Kyoto). Canadian Medical Association Journal (To­ Japan Medical News (Tokyo). American Journal of Psychotherapy (Lan­ ronto) . caster, Pa.). Journal of Allergy (St. Louis). Cancer (Philadelphia). Journal of the American Dental Association American Journal of Public Health and the Cancer Chemotherapy Reports (Washing­ (Chicago). Nation’s Health (New York). to n ) . Journal of the American Dietetic Association American Journal of Roentgenology, Radium Cancer Research (Chicago). (C hicago). Therapy and Nuclear Medicine (Spring- Chemotherapia (Basel). field, HI.), Journal of the American Geriatrics Society Chicago Medicine (Chicago). (Baltimore). American Journal of Surgery (New York). Cincinnati Journal of Medicine (Cincinnati). Journal of the American Medical Association American Journal of Tropical Medicine and Circulation: Journal of the American Heart (Chicago). Hygiene (Baltimore). Association (New York). American Review of Respiratory Diseases Journal of the American Medical Women’s Circulation Research (New York). Association (Nashvillé). (Baltimore). Clin Alert (Louisville). Anaesthesia (London), Journal of the American Osteopathic Asso­ Clinical Medicine (Winnetka, HI.). ciation (Chicago). Anesthesia and Analgesia; Current Re­ Clinical Qbstetrics and Gynecology (New Journal of the American Pharmaceutical As­ searches (Cleveland). Y ork). Anesthesiology (Philadelphia). sociation (Washington). Clinical Pediatrics (Philadelphia). Journal of Antibiotics; Series A (Tokyo). Angiology (Baltimore). Clinical Pharmacology and Therapeutics (St. Annals of Allergy (St. Paul). Journal of Applied Physiology (Washington). L ouis), Journal of the Arkansas Medical Society Annals of Internal Medicine (Philadelphia). Clinical Proceedings Children’s Hospital (Fort Smith). Annals of the New York Academy of Sci­ (Washington). ences (New York). Journal of Bone and Joint Surgery (American Clinical Research (New York). edition) (Boston). Annals of Otology, Rhinology and Laryngol­ Clinical Science (London). ogy (St. L ouis). Journal of the Canadian Dental Association Comprehensive Psychiatry (New York). (T o ro n to ). Annales de Pediatrie (Paris) . Comptes Rendus des Seances de la Societe de Journal of Chronic Diseases (St. Louis). Annals of the Rheumatic Diseases (London). Biologie et de Ses Filiales (Paris). Journal of Clinical Endocrinology and Metab­ Annals of Surgery (Philadelphia). Connecticut Medicine (New Haven). olism (Springfield, 111.). Annals of Tropical Medicine and Parasitology Current Psychiatric Therapies (New York). (Liverpool). Journal of Clinical Investigation (Boston). Current Therapeutic Research (New York). Jo u rn al of Clinical Pathology (London) . Applied Microbiology (Baltimore). Dallas Medical Journal (Dallas, Texas). Journal of Comparative Pathology and Applied Therapeutics (Toronto). Danish Medical Bulletin (Copenhagen). Therapeutics (Croydon). Archives of Dermatology (Chicago). Delaware Medical Journal (Wilmington). Journal of Endocrinology (London). Archives of Disease in Childhood (London). Dental Clinics of North America (Phila­ Journal of Experimental Medicine (New Archives of General Psychiatry (Chicago). delphia) . Y ork). Archives of Internal Medicine (Chicago). Deutsche M edizinische Wochenschrift Journal of the Florida Medical Association Archives Internationales de Pharmacodyn- (Stuttgart). (Jacksonville). amie et de Therapie (Gent). Diabetes (NewYork). Journal of Gerontology (St. Louis). Archives of Neurology (Chicago). - Diseases of the Chest (Chicago). Journal of Helminthology (London). Archives of Ophthalmology (Chicago). Diseases of the Colon and Rectum (Phila­ Journal of the Indian Medical Association Archives of Otolaryngology (Chicago). delphia) . (Calcutta). Archives of Pathology (Chicago). Diseases of the Nervous System (Galveston). Archives of Surgery (Chicago). Journal of the Indiana State Medical Asso­ DM; Disease-a-Month (Chicago) w ciation (Indianapolis). Arizona Medicine (Scottsdale). Drug and Cosmetic Industry (New York). Journal of Infectious Diseases (Chicago). Arthritis and Rheumatism (New York). Drug and Therapeutics Bulletin (London). Journal of the International College of Sur­ Arzneimittel-Forschung (Aulendorf). Drugs Made in Germany (Aulendorf). geons (Chicago). Blood; Journal of Hematology (New York). Drug Research Reports (“Blue Sheet”) Journal of Investigative Dermatology (Balti­ British Dental Journal (London). (Washington). m ore) . British Heart Journal (London). Endocrinology (Springfield, 111.). Journal of the Iowa Medical Society (Des British Journal of Addiction (Shrewsbury). European Journal of Cancer (Oxford). M oines). British Journal of Anaesthesia (Altrincham). Experientia (Basel). Journal of the Irish Medical Association British Journal of Clinical Practice (London). Experimental Eye Research (London). (D u b lin ). British Journal of Dermatology (London). Eye, Ear, Nose and Throat Monthly Journal of the Kansas Medical Society British Journal of Experimental Pathology (C hicago). (L ondon). (T opeka). Farmakologiia i Toksikologiia (Moscow). Journal of the Kentucky State Medical Asso­ British Journal of Diseases of the Chest Federation Proceedings (Washington) . ciation (Louisville). (London). Fertility and Sterility (New York). Journal of Laboratory and Clinical Medicine British Journal of Haematology (Oxford). Gastroenterology (Baltimore) > (St. Louis). British Journal of Industrial Medicine (Lon­ General and Comparative Endocrinology Journal-Lancet (Minneapolis). don) . (New York), Journal of the Louisiana State Medical So­ British Journal of Ophthalmology (London). Geriatrics (Minneapolis). ciety (New Orleans). British Journal of Pharmacology and Chemo­ German Medical Journal (Stuttgart). Journal of the Maine Medical Association therapy (London). Gerontologist (St. Louis). (Brunswick). British Journal of Psychiatry (London). Journal of the Medical Association of the GP (Kansas City, Mo.). State of Alabama (Montgomery). British Journal of Radiology (London). Gut (London). Journal of the Medical Association of Georgia British Journal of Surgery (Bristol). Guthrie Clinic Bulletin (Sayre, Pa.), (A tlan ta).

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 PROPOSED RULE MAKING 2969

Milbank Memorial Fund Quarterly (New Thrombosis et Diathesis Haemorrhagica journal of the Medical Society of New Jersey (Stuttgart). (Trenton). .. . „ Y ork). Military Medicine (Washington). Toxicology and Applied Pharmacology (New journal of the Michigan State Medical So­ Y o rk ). ciety (St. Paul, M in n .). Minerva Medica (Turin). M innesota M edicine (St. P a u l). Transactions of the American Academy of journal of the Mississippi State Medical As­ Ophthalmology and Otolaryngology (Roch­ sociation (Jackson). Missouri Medicine (St. Louis). Modem Concepts of Cardiovascular Disease ester, Minn.). journal of the Mount Sinai Hospital (New Transactions of the Royal Society of Tropical York). (New York). Modern Medicine (Minneapolis). Medicine and Hygiene (London). Journal of the National Cancer Institute Ugeskrift for Laeger (Copenhagen). (Washington). Munchener Medizinische Wophenschrift (M u n ich ). Union Medicale du Canada (Montreal). Journal of the National Medical Association Virginia Medical Monthly (Richmond). (New Y ork). Nature (London). Naunyn-Schmiedbergs Archiv fur Pharmaki- West Virginia Medical Journal (Charleston). Journal of Nervous and Mental Disease Western Medicine (Los Angeles). (Baltimore). logie (Berlin). Nebraska State Medical Journal (Lincoln). Wiener Klinische Wochenschrift (Vienna). Journal of Neurology, Neurosurgery and Psy­ Wiener Medizinische Wochenschrift (Vi­ chiatry (London). Neurology (Minneapolis). New England Journal of Medicine (Boston). enna) . journal of Neuropathology and Experimental Wisconsin Medical Journal (Madison). Neurology (Baltimore). New York Physician and American Medicine (New York). World Medical Journal (New York). Journal of New Drugs (New York). Yale Journal of Biology and Medicine (New Journal of Nuclear Medicine (Chicago). New York State Journal of Medicine (New Journal of Nutrition (Philadelphia). Y o rk ). H aven). Journal of Obstetrics and Gynaecology of the Nordisk Medicin (Stockholm). Dated: February 14, 1966. British Commonwealth (London). North Carolina Medical Journal (Winston- Journal of Occupational Medicine (Chicago). Salem) . J ames L. G oddard, Journal of the Oklahoma State Medical Asso­ Northwest Medicine (Seattle). Commissioner of Food and Drugs. ciation (Oklahoma City). Obstetrical and Gynecological Survey (Bal­ Journal of Oral Surgery (Chicago). tim ore) . [F.R. Doc. 66-1777; Filed, Feb. 18, 1966; Journal of Oral Therapeutics and Pharma­ Obstetrics and Gynecology (New York). 8:45 a.m.] cology (B altim ore). Ohio State Medical Journal (Columbus). Journal of Parasitology (Colorado Springs). Oral Surgery, Oral Medicine, and Oral Pa­ Journal of Pathology and Bacteriology thology (St. Louis). (London). Pacific Medicine and Surgery (Seattle). FEDERAL AVIATION AGENCY Journal of Pediatric Ophthalmology (En- Parasitology (London). cino). Pediatrics Clinics of North America (Phila­ [ 14 CFR Part 73 1 Journal of Pediatrics (St. Louis). delphia) . [Airspace Docket No. 65—WE—124] Journal of Periodontology (Indianapolis). Pediatrics (Springfield, 111.). Journal of Pharmacy and Pharmacology Pennsylvania Medical Journal (Harrisburg). TEMPORARY RESTRICTED AREAS (London). Pharmaceutical Journal (London). Journal of Pharmaceutical Sciences (Wash­ Pharmacologist (Washington). Proposed Designation ington) . Physiology and Pharmacology for Physicians Journal of the Pharmaceutical Society of (American Physiological Society) (Wash­ The Federal Aviation Agency has un­ Japan (Tokyo). ington) . der consideration a proposal to amend Journal of Pharmacology and Experimental Postgraduate Medical Journal (London). the Federal Aviation Regulations by the Therapeutics (Baltimore). Postgraduate Medicine (Minneapolis). designation of two temporary restricted Journal of Prosthetic Dentistry (St. Louis). Practitioner (London). areas encompassing the presently desig­ Journal of Reproduction and Fertility (Ox­ Praxis (Bern). ford) . Prescribers’ Journal (London). nated Hunter-Liggett, Calif., restricted Journal of the Society of Cosmetic Chemists Presse Medicale (Paris) . area complex (R-2513A and R-2513B), (London). Proceedings of the Royal Society of Medicine from July 1, 1966, through October 7, Journal of the South Carolina Medical As­ (L ondon). 1966. sociation (Florence). Proceedings of the Society for Experimental Interested persons may participate in Journal of Surgical Research (Philadelphia). Biology and Medicine (New York). the proposed rule making by submitting Journal of the Tennessee Medical Association Progress in Cardiovascular Diseases (New such written data, views, or arguments (Nashville). Y ork). Journal of Tropical Medicine and Hygiene Psychiatry (Washington). as they may desire. Communications (L ondon). Psychopharmacologia (Berlin). should identify the airspace docket num­ Journal of Urology (Baltimore). Psychopharmacology Service Center Bulletin ber and be submitted in triplicate to the Kaiser Foundation Medical Bulletin (Oak­ (NIH) (Bethesda, Md.). Director, Western Region, Attention: land, Calif.). Psychosomatic Medicine (New York). Chief, Air Traffic Division, Federal Avia­ Klinische Wochenschrift (Berlin). Radiologic Clinics of North America (Phila­ tion Agency, 5651 West Manchester Ave­ Lancet (London). delphia) . nue, Post Office Box 90007, Airport Sta­ Laryngoscope (St. Louis). Radiology (Syracuse). Letters of International Correspondence So­ Revue Française d’Etudes Cliniques et Bi­ tion, Los Angeles, Calif., 90009. All ciety of Allergists (Columbus, Ohio). ologiques (Paris). communications received within 30 days Maryland State Medical Journal (Baltimore). Rhode Island Medical Journal (Providence). after publication of this notice in the Mayo Clinic Proceedings (Rochester, M inn.). Rocky Mountain Medical Journal (Denver). F ederal R egister will be considered be­ Medical Annals of the District of Columbia Scandinavian Journal of Clinical and Lab­ fore action is taken on the proposed (Washington). oratory Investigation (Oslo). amendment. The proposal contained in Medical Bulletin (Veterans' Administration) Schweizerische Medizinische Wochenschrift this notice may be changed in the light (Washington). (B asel). Medical Clinics of North America (Phila­ Science (Washington). of comments received. delphia) . Scottish Medical Journal (Glasgow). An official docket will be available for Medical Journal of Australia (Sydney). Semaine des Hôpitaux de Paris (Paris). examination by interested persons at the Medical Letter—Drug and Therapeutics (New South African Medical Journal (Cape Town). Federal Aviation Agency, Office of the Y ork). South Dakota Journal of Medicine and Phar­ General Counsel, Attention: Rules Dock­ Medical News (London). macy (Sioux Falls). et, 800 Independence Avenue SW., Wash­ Medical Science (Philadelphia). Southern Medical Journal (Birmingham). ington, D.C., 20553. An informal docket Medical Times (Manhasset, N.Y.). Southwestern Medicine (El Paso, Texas). Medical Tribune (New York). Surgery (St. Louis). also will be available for examination at Medical W orld News (New Y ork). Surgery, Gynecology and Obstetrics (Chi­ the office of the Regional Air Traffic Medicina Pharmacologica Experimentalis cago) . Division Chief. (Basel). Surgloal Clinics of North America (Phila­ The Federal Aviation Agency has been Medicine (Baltimore). delphia) . requested by the Department of the Air Medicine, Science and the Law (London). Texas Reports on Biology and Medicine Force on behalf of Joint Task Force Two Medizinische Klinik (Munich). (JTF-2) to designate two temporary re­ Medizinische Mon&tsschrift (Stuttgart). (Galveston). Metabolism, Clinical and Experimental (New Texas State Journal of Medicine (Austin). stricted areas as described herein en­ Y ork). Therapie (Paris). compassing the presently designated Michigan Medicine (East Lansing, Mich.). Therapie der Gegenwart (Berlin). Hunter-Liggett restricted area complex.

FEDERAI REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2970 PROPOSED RULE MAKING

Terrain features of this area are repre­ thorization to conduct flight within the 1965 (30 F.R. 7711, 5 R.R. 2d 1587) the sentative of other areas where U.S. air area. Approval of such requests would Commission also set forth a proposal for units are currently operating. This be contingent on the activities in prog­ a new form of television use of the UHF series of tests wiU electronically collect ress at the time of and on the route of channels above Channel 69, proposing to data and statistics' for the determination the proposed flight. allocate these channels for use by a low- of the effectiveness of ground based sur­ JTF-2 has advised that the proposed power “community” type of commercial face to air conventional and missile restricted area will be released to the or educational station (limited to 10 kilo­ weapon systems, and appropriate coun­ controlling agency whenever the ceiling watts E.R.P. and antenna height of 300 tering tactics. This information will along the courses is less than 3,000 feet feet above average terrain) } These sta­ assist in the development and refinement or the flight visibility is below 5 miles. tions would be situated at much shorter of a better means of surprising the de­ If this action is taken, temporary re­ geographic separations to other stations fense and reducing the vulnerability of stricted areas will be designated as fol­ on the same and technically related attacking aircraft in situations of general lows: channels than are regular VHF and UHF or limited war. Additional special use R-2513C H u n ter -Liggett, Ca lif. stations, and many more stations of this airspace supplementing the present type could be assigned than if standard Hunter-Liggett restricted area complex Beginning at 35°41'12'' N., 120°47'30'' W., separations were used on these channels. is required within which to conduct this thence to 35°41'12'' N., 121°08'30'' W„ thence to 35°47'00" N., 121°20'00" W., thence to The Table adopted with the Fourth Re­ test series because of the extremely low 36°07'00'' N., 121°30'00" W., thence to 36°- port and Order, assigning UHF channels altitudes and high airspeeds to be utilized lO'OO" N., 121°13'00" W., thence to point of to the various communities, included and to provide the maximum safety to beginning, excluding the airspace within only eight regular assignments on these civil aviation and the participating mili­ R-2513A and R-2513B. channels, four authorized stations and tary aircraft. Designated Altitudes: Surface to 5,500 feet four additional badly needed assign­ Aircraft participating in this series of MSL. ments. tests will fly at low altitudes and speeds Time of Designation: Continuous 1 July 3. In the Fifth Report and Order up to 600 knots. However, supersonic 1966, th ro u g h 7 O ctober 1966. Controlling Agency: Federal Aviation adopted today, adopting a revised table speeds would be avoided, and ordnance Agency, Oakland ARTC Center. and dealing with various petitions for re­ would not be carried. Communications Using Agency: Joint Task Force Two, consideration, we have continued the would be established as required between Sandia Base, N. Mex. Liaison will be main­ same principle of not making assign­ JTF-2 and PAA traffic control as well as tained with the Commanding General, Fort ments on Channels 70 and above, except a range control facility, while aircraft Ord, Calif., for utilization of R-2513C. for two stations actually operating there­ are operating within the restricted area R-2513D H u n ter -Liggett, Ca lif. on. We thus intend still to consider use to ensure maximum dissemination of Beginning at 36°02'45" N., 121°17'45" W., of the higher channels for operation by essential VFR traffic information to civil “community” low-power stations. and military users. thence to 36°05'00" N„ 121°15'00" W„ thence to 35°57'00" N., 121°04'00" w., 4. However, further consideration (in­ There will be 12 to 15 sorties daily with thence to 35°55'20" N., 121°05'45" W„ cluding review of various petitions for a total of approximately 460 completed thence along the northeastern boundary of reconsideration directed to the Fourth flights. It is anticipated that certain R-2513A to the point of beginning. Report and Order) leads us to the view sorties will not be completed due to me­ Designated A ltitudes: Surface to 14,000 that, to a certain extent and in certain chanical failures, weather, etc. Partici­ feet MSL. parts of the country, other uses of this pating test aircraft will deviate from Time of Designation: Continuous 1 July portion of the UHF band may be appro­ certain Federal Aviation Regulations, in­ 1966, th ro u g h 7 O ctober 1966. Controlling Agency: Federal Aviation priate. Specifically, the National Asso­ cluding PAR 91.79 within the special use Agency, Oakland ARTC Center. ciation of Educational Broadcasters airspace. Using Agency: Joint Task Force Two, (NAEB) in petitioning for reconsidera­ Safety will be a primary consideration Sandia Base, N. Mex. Liaison will be main­ tion asserts that the number of channels during test operations. Ground and tained with the Commanding General, Fort reserved for education in the Fourth Re­ aerial safety surveys will be conducted in Ord, Calif., for utilization of R-2513D. port Table is quite inadequate to meet the test area to identify and minimize This amendment is proposed under the the educational needs of the country, and the accident potential of existing haz­ points out that that table contains fewer ards. Major ground obstructions on the authority of section 307(a) of the Fed­ eral Aviation Act of 1958 (49 U.S.C. educational reservations than were pro­ flight paths will be adequately marked to 1348). posed in the further notice of proposed assure maximum recognition by the pilot. rule making issued in October 1963, com­ Preflight pilot briefings will include in­ Issued in Washington, D.C., on Feb­ mencing the assignment portion of this formation concerning flight safety haz­ ruary 17,1966. proceeding (608 compared to 695), ards on the route of flight. Coordina­ J a m e s L .L a m p l , whereas NAEB and other educational tion and cooperation with local officials Acting Chief, Airspace and Air interest had urged a mueh greater num­ will be initiated prior to the test to assure Traffic Rules Division. ber, and that further notice was issued that highway vehicle safety is not com­ [F.R. Doc. 66-1873; Filed, Feb. 18, 1966; largely in response to their requests. We promised as a result of low flying aircraft. 8:47 a.m.] also note the argument of another peti­ JTF-2 will conduct a comprehensive tioning party, the Georgia State Board public relations program prior to and of Education, that, while smaller commu­ throughout the test series. The purpose nities (omitted in the table) may not of this program will be to seek public un­ FEDERAL COMMUNICATIONS warrant regular, high-power commercial derstanding and appreciation of the assignments because of the relative lack JTF-2 mission and the need for this test COMMISSION of economic support which might make program. All reasonable actions will be full use thereof doubtful, the same prin­ taken to alleviate inconvenience to [ 47 CFR Part 73 3 ciple does not apply to educational tele­ people living in and adjacent to the test [Docket No. 14229; FCC 66-138] vision, and persons in such communities area. and surrounding areas need wide-area Should a restricted area be designated, FOSTERING EXPANDED USE OF UHF educational stations to a greater extent JTF-2 has also advised that they pro­ TELEVISION CHANNELS than we have provided. pose to enter a joint-use agreement with 5. The map attached as Figure l1’ the controlling agency, the Oakland Further Notice of Proposed Rule hereto shows the potential for additional ARTC Center and would release the en­ Making assignments on Channels 14 to 69 in the tire area, or portions thereof, to the 1. Further notice of proposed rule various parts of the conterminous 48 Center when not in use for the purpose states. As can be seen, in most of the designated. They plan to make provi­ making is hereby given in the above sion for civil and nonparticipating mili­ matter. 1 Further notice of proposed rule making, tary pilots to contact the Test Director 2. At the time of adoption of the 30 F.R. 671, FCC 65-505, released Ju n e 8, 1965. by reverse charge telephone calls for au- Fourth Report and Order herein in June la Map filed as part of original document.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 PROPOSED RULE MAKING 2971 nation (area-wise) there is no particular power “community” stations, it will be Cascade Broadcasting Co., licensee of problem in making additional educa­ necessary to adopt appropriate minimum one of the two existing commercial "TV tional or commercial assignments as mileage separations between the two stations in the Richland-Kennewick- needed. However, in a substantial part types of stations, on the same and tech­ Pasco “tri-cities” area of Washington, of the country—chiefly the Northeast— nically related channels. We propose urging that this area is not populous this is not true, in areas labeled “satu­ the following (except for the cochannel enough to warrant a third assignment, rated” on the map and, to a lesser extent, separation, the mileages are those shown especially since the petitioner would con­ in paragraph 10 of the June 1965 further duct a “satellite” operation. We do not where the situation is described as of course now decide that this assign­ “scarce.” notice between low-power stations and 6. Therefore, we will consider, and in­ high-power stations on Channels 69 and ment should be made; but in view of the vite comments on, the following uses of below) : size of the “tri-cities” area (the three Channels 70 through 83, in addition to miles cities have a combined 1960 Census pop­ Cochannel ______70 ulation of more than 50,000) we believe the low-power “community” type of sta­ ±1 channel ______40 exploration of the desirability of an addi­ tion previously proposed: ± 2 , 3, 4, 5, and 8 ______20 tional commercial assignment—which (1) Assignment of channels reserved ± 7 ______40 for education in places within areas ± 14 and 1 5 ______50 would be the first to Kennewick and the shown on Figure 1 as “saturated”, and, third in the area—is clearly warranted. to a lesser extent (depending on the 9. To the extent that these channels See in this connection the discussion degree of scarcity) in areas indicated as are not devoted to use by a large num­ concerning Yakima, Wash., in the Fifth “scarce” (having from 1 to 10 chan­ ber of low-power stations, considerations Report and Order adopted today. We nels available from which assignments of efficiency would appear to indicate also point out that the character of the may be made),2 particularly in places that the other stations using them should proposed operation is not pertinent, since within these areas where an educational be required to make reasonably full use petitioner of course will not necessarily reservation was proposed in the further of their assignments. Therefore we pro­ be the successful applicant for the notice released October 28, 1963,® and pose to adopt a minimum power require­ channel. neither an educational reservation at ment with respect to any assignments on 11. In proposing the assignments be­ that place, nor a corresponding reserva­ these channels other than low-power low, we have riot proposed the particular tion proposed in a State plan or by an “community” stations, and invite com­ channel requested by the petitioner in educational party, has been made in the ments as to what that minimum should most cases, but have selected the most table of assignments adopted today in be. efficient assignment and (where perti­ tlie Fifth Report and Order (reserved 10. Specific assignments on Channels nent) applied the principle of distribut­ channels may be sought at other places 14 through 69. In the Fifth Report and ing high and low assignments in the within these areas, but our primary em­ Order adopted today we have made five same community on an equitable basis phasis is on the possible provision of edu­ assignments at places requested in pe­ as between reserved and nonreserved cational channels to the extent indicated titions for rule making filed during the channels. We also point out that if these in that further notice) . period since the Fourth Report and assignments are made it will be because (2) Assignment of commercial chan­ Order. As stated therein (paragraph it has been demonstrated that they will nels, for use by regular stations, in two 69) eight additional assignments ini­ be put to prompt use, and parties sup­ places—Pittsburgh, Pa., and San Diego, tially appear warranted on the basis of porting them should make such a show­ Calif.—where the further notice pro­ other petitions/ but either the requests ing. If they are made and not used posed commercial assignments greater are for places where available channels promptly, they may later be withdrawn in number than those provided in the are relatively scarce, a second new as­ from the table to gain additional flexi­ table adopted today, and interest has signment is involved, or the petition was bility. been expressed in the additional chan­ opposed so that further proceedings are 12. The changes proposed below also nels during the course of the proceeding appropriate before the assignment is de­ include an exchange of Channels 28 and (in Pittsburgh no additional assignments cided on. The assignments proposed be­ 22—contained in the new table—between appear possible on Channels 69 and be­ low include first commercial assign­ Raleigh and Durham, N.C. This was re­ low, and San Diego is in a “scarce” area). ments in the sizable cities of Gary and quested in a petition filed by the Raleigh 7. In setting forth above fairly limited Richmond, Ind., Gastonia, N.C., and a Channel 28 permittee, Crescent Broad­ possible uses of the high UHF channels second at Flint, Mich., and reservation at casting Co. (RM-827) which urged that for regular assignments, we do not of Owenton, Ky., requested by the State associated stations in other cities operate course preclude consideration of other educational authority to fill in educa­ on Channel 22 and thus equipment could such assignments on these channels if tional coverage of the. State. Monroe, be interchanged and economies effected it appears appropriate in light of the N.C., is a relatively small city (slightly if the Raleign station uses the same comments. Our purpose in issuing this over 10,000) and fairly close to the large channel. In assigning channels in this further notice is to focus attention on, center of Charlotte; but a demand has area, the computer assumed the exist­ and invite comments concerning, cer­ been shown for a channel there and ex­ ing permit on Channel 28 at Raleigh and tain types of situations where use of the ploration of this possibility is warranted. assigned Channel 22 to Durham, as high UHF channels for other than the The Palm Springs area is fairly isolated shown in the table. However, it appears “community” type of station may be and growing in population, and demand that an exchange of these channels particularly appropriate. As stated in has been shown, in statements support­ would not result in any significant loss the Fifth Report and Order in connec­ ing the petition, for more than one chan­ of efficiency, and therefore it is proposed. tion with requests for changes in the nel there. As to the Kennewick request, We note a very recent petition (RM-897) table governing Channels 14 through 69, requesting assignment of Channel 22 as unlike the seven other petitions covered a substitute at Greensboro for Channel parties urging particular regular assign­ herein opposition was filed thereto, by ments on the higher channels should 16 (thus making the latter available for give an indication that there is a reason­ Martinsville, Va.); this consideration no able prospect for prompt use of the *The 8 petitioners are: RM-821 (Rich­ longer pertains since the new table does mond, Ind.), Ben Karns; RM-824 (Gary, not assign Channel 16 to Greensboro, but channels if the assignment is made. Ind.), General Media Television, Inc.; RM- commenting parties should comment on 8. If Channels 70 and above are to be 843 (Flint, Mich.), Midway Television, Inc.; whether the proposed' Raleigh-Durham used for regular stations as well as low- RM-852 (Palm Springs, Calif.), Paul E. Mor­ change would adversely affect the avail­ gan and supporting statements; RM-853 ability of channels at Martinsville or (Gastonia, N.C.), Central Broadcasting Co.; ® Figure 1 is a simplified version of a map RM-877 (Monroe, N.C.), Monroe Broadcasting elsewhere in the area. prepared by'Commission engineers showing Oo.; RM-879 (Kennewick, Wash.), Apple 13. In view of the foregoing, it is pro­ the number of availabilities at points Valley Broadcasting, Inc.; and RM-894 posed to amend § 73.606(b) of the rules, throughout the United States. (Owenton, Ky.), Kentucky Authority for the new table of assignments adopted to­ *28 F.R. 11738, FCO 63-975. Educational Television. day, as follows:

FEDERAL REGISTER, VOL. 31 ¿ NO. 35— SATURDAY, FEBRUARY 19, 1966 No. 35------7 2972 PROPOSED RULE MAKING

14 copies of all comments, replies, plead­ Channel No. City ings, briefs, and other documents shall be furnished the Commission. Present Proposed Adopted: February 9,1966. Palm Springs, Calif_____ 27 27, 36 Released: February 11,1966. *50 *50, 56 Richmond, Ind______43 Owenton, Ky______*52 F ederal C ommunications Durham,’N.C______11+, 22 11+, 28 C o m m is sio n ,5 Gastonia, N.C______'___ 53 [seal] B en F . W a ple, Monroe, N.C______66 Raleigh, N.C______5, 28, *34 5, 22, *34 Secretary. Flint, Mich______12-, *31 12-, *31, 66 Kennewick, Wash______42 [F.R. Doc. 66-1708; Filed, Feb. 18, 1966; 8:45 a.m.J 14. Authority for the institution of this proceeding, and adoption of rules concerning the matters involved, is found in sections 4(i), 303 (c), (f), and (r) of FEDERAL MARITIME COMMISSION the Communications Act of 1934, as [ 46 CFR Part 10 ] amended. 15. Pursuant to applicable procedures [Docket No. 66-2] set forth in § 1.415 of the Commission’s PRACTICES OF INDEPENDENT OCEAN rules and regulations, interested persons FREIGHT FORWARDERS, OCEAN may file comments on or before March 28, 1966, and reply comments on or be­ FREIGHT BROKERS, AND OCEAN­ fore April 15, 1966. All relevant and GOING COMMON CARRIERS timely comments and reply comments Enlargement of Time for Filing will be considered by the Commission Comments before final action is taken in this pro­ ceeding. In reaching its decision in this Good cause appearing, the time for fil­ proceeding, the Commission may also ing comments in this proceeding is take into account other relevant infor­ hereby enlarged to and including March mation before it, in addition to the spe­ 7, 1966. cific comments invited by this notice. By the Commssion. Parties interested in assignments (other than low-power assignments) to partic­ [seal] T hom as L i s i , ular communities shall participate only Secretary. by submitting comments and reply com­ [FJR. Doc. 66-1669; Filed, Feb. 18, 1966; ments as provided in this paragraph. 8:47 a.m.] 16. In accordance with the provisions of § 1.419 of the rules, an original and 6 Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2973

Notices

(2) All valid applications and selec­ T. 37 N., R. 7 W„ departm en t o f t h e in ter io r tions under the nonmineral public land Sec. 1, lots 1 to 4, inclusive, and laws presented prior to 10 a.m. on March sy2; Bureau of Land Management Sec. 8, lots 1 to i inclusive, and 22, 1966, will be considered as simulta­ sy2; [Group 388] neously filed at that hour. Rights under Sec. 4, lots 1 to 4, inclusive, SV&NV& and such applications and selections and of­ sy2; ARIZONA fers filed after that hour will be governed Sec. 5, lots 1 to 4, Inclusive, SVfcNy, and Notice of Filing of Plat of Survey by the time of filing. 8 %; 6. Persons claiming preference rights Sec. 6, lots 1 to 7, inclusive, S]4NEi4. F ebruary 14,1966. SE&SW %. Ey2SW & , and SE%; based upon settlement, statutory pref­ Sec. 7, lots 1 to 4, inclusive, E%W% and 1. Plat of Survey of the lands de­ erence, or equitable claims must enclose sy2; scribed below will be officially filed in the properly executed statements in sup­ Secs. 8, 9, 10, 11, 12, 13, 14, 15, 16, an d 17; Land Office, Phoenix, Ariz., effective at port of their applications, setting forth Sec. 18, lots 1 to 4, inclusive, E ^ W ^ an d 10 a.m., March 22,1966: all facts relevant to their claims. De- Ey2; Sec. 19, lots 1 to 4, inclusive, E ^W ^ and Gila and Salt River Meridian tailed rules and regulations governing applications which may be filed pur­ Ey2; T. 1N., R. 13 W., suant to this notice can be found in Title Secs. 20, 21, 22, 23, 24, 25, 26, 27, 28, an d 29; Sec. 1; 43 of the Code of the Federal Regula­ Sec. 30, lots 1 to 4, inculsive, E ^W ^ and Secs. 3 to 15, inclusive; Ey2; Secs. 17 to 35, inclusive. tions. Sec. 31, lots 1 to 4, inclusive, E%W% and G lendon E. C o l l in s , Ey2; The areas described aggregate 21,103.- Manager. Secs. 32,33,34, and 35. 15 acres of public land. [P.R. Doc. 66-1798; Piled, Peb. 18, 1966; T^he areas described aggregate 21,- 2. The lands described above vary 8:47 a.m.] from nearly level to mountainous. The 754.59 acres of public land. soil varies from sandy clay, to stony. 2. The lands described above vary Creosote bush, catclaw and cacti are [Group 392] from rolling and broken hills in the south found throughout the area, with a and south-central areas with a high scattered growth of palo verde and ARIZONA bench along the western part to gently mesquite trees in the mountains. Notice of Filing of Plats of Surveys rolling range land on the remainder. 3. All rights of the State of Arizona to The soil in the mountainous areas is section 32 have been conveyed to the F ebruary 14,1966. heavy clay loam and lava rock with United States. 1. Plats of Surveys of the lands de­sandy clay loam predominating in the 4. The lands described in paragraph 1 scribed below will be officially filed in the gently rolling land to the north. are opened to petition, application and Land Office, Phoenix, Ariz., effective at 3. All rights of the State of Arizona to selection, as outlined in paragraph 5 10 a.m., March 22, 1966: Sections 2 and 36 in T. 36 N., R. 7 W.; below. No application for these lands Gila and Salt River Meridian and to Sections 16 and 32 in T. 37 N., will be allowed under the nonmineral T. 36 N., R. 7 W., R. 7 W., have been conveyed to the United public land laws, unless or until the lands Sec. 1, lots 1 to 4, inclusive, S^N ^ and States. have been classified. Any application s y2; 4. The lands described in paragraph 1 that is filed will be considered on its Sec. 2, lots 1 to 4, inclusive, and are opened to petition, application and merits. The lands will not be subject S i/2; selection, as outlined in paragraph 5 be­ to occupancy or disposition until they Sec. 3, lots 1 to 4, inclusive, and low. No application for these lands will have been classified. S y2; be allowed under the nonmineral public Sec. 4, lots 1 to 4, inclusive, S%N% and land laws, unless or until the lands have 5. Subject to any existing valid rights sy2; and the requirements of applicable law, Sec. 5, lots 1 to 4, inclusive, S&NV& and been classified. Any application that is the lands described in paragraph 1 here­ sy2; filed will be considered on its merits. of, are hereby opened to filing of peti­ Sec. 6, lots 1 to 7, inclusive, S^NE^, The lands will not be subject to occu­ tion-application and selection in accord­ SE14NWV4, Ey2SW%, and SE%; pancy or disposition until they have been ance with the following: Sec. 7, lots 1 to 4, inclusive, EV&Wy2 an d classified. a. Applications and selections under Ey2; 5. Subject to any existing valid rights the nonmineral public land laws, and Secs. 8, 9, 10, 11, 12, 13, 14, 15, an d 17; and the requirements of applicable law, Sec. 18, lots 1 to 4, inclusive, E% W% and the lands described in paragraph 1 here­ offers under the mineral leasing laws e i/2 ; may be presented to the manager men­ Sec. 19, lots 1 to 4, inclusive, E% W y2 and of, are hereby opened to filing of petition, tioned below, beginning on the date of E&; application and selection in accordance this order. Such applications, selec­ Secs. 20, 21, 22, 23, 24, 25, 26, 27, 28, an d with the following: tions, and offers will be considered as 29; a. Applications and selections under filed on the hour and respective dates Sec. 30, lots 1 to 4, inclusive, E*4W% and the nonmineral public land laws, and shown for the various classes enumer­ Ey2; offers under the mineral leasing laws may ated in the following paragraphs. Sec. 31, lots 1 to 4, inclusive, E ^W ^ and be presented to the rhanager mentioned Ey2; below, beginning on the date of this (1) Applications by persons having Secs. 33, 34,35, an d 36. prior existing valid settlement rights, order. Such applications, selections, preference rights conferred by existing The areas described aggregate 21,- and offers will be considered as filed on laws, or equitable claims subject to al­ 587.84 acres of public land. the hour and respective dates shown for lowance and confirmation will be adjudi­ The lands described above vary from the various classes enumerated in the cated on the facts presented in support high peaks and knolls to low, rolling hills following paragraphs. of each claim or right. All applications and nearly level mesas. There are nu­ (1) Applications by persons having presented by persons other than those merous draws and gullies within the prior existing valid settlement rights, referred to in this paragraph will be township with reservoirs and stock preference rights conferred by existing subject to the applications and claims ponds built among them for water de­ laws, or equitable claims subject to allow­ mentioned in this paragraph. . tention and erosion controL ance and confirmation will be adjudi-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2974 NOTICES

cated on the facts presented in support (FAP 6B1944) has been filed by The Dow W. R. GRACE & CO. of each claim or right. All applications Chemical Co., Post Office Box 467, Mid­ presented by persons other than those land, Mich., 48640, proposing the issu­ Notice of Filing of Petition for Food referred to in this paragraph will be sub­ ance of a regulation to provide for the Additives ject to the applications and claims men­ safe use of ethylene-acrylic acid copol­ tioned in this paragraph. ymers as articles or components of arti­ Pursuant to the provisions of the Fed­ (2) All valid applications and selec­ cles intended for use in contact with food. eral Food, Drug, and Cosmetic Act (sec tions under the nonmineral public land 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 laws presented prior to 10 a.m. on March Dated: February 14,1966. (b)(5)), notice is given that a petition 22, 1966, will be considered as simulta­ J . K . K ir k , (FAP 6B1922) has been filed by W. R. neously filed at that hour. Rights under Assistant Commissioner Grace & Co., Dewey and Almy Chemical such applications and selections and for Operations. Division, 62 Whittemore Avenue, Cam­ offers filed after that hour will be gov­ bridge, Mass., 02140, proposing an erned by the time of filing. [F.R. Doc. 66-1779; Filed, Feb. 18, 1966; amendment to § 121.2514 Resinous and 6. Persons claiming preference fights 8:45 a.m.] polymeric coatings to provide for the based upon settlement, statutory prefer­ safe use of additional substances in can- ence, or equitable claims must enclose end cements. The additional substances properly executed statements in support E. I. DU PONT DE NEMOURS & CO., proposed for use in can-end cements are of their applications, setting forth all INC. those listed in § 121.2514(b)(3) (xxxii), facts relevant to their claims. Detailed (xxxiii), and (xxxiv) and those listed in rules and regulations governing applica­ Notice of Filing of Petition for Food paragraph (b) (5) of § 121.2550 Closures tions which may be filed pursuant to this Additives Adhesives with sealing gaskets for food containers. notice can be found in Title 43 of the Pursuant to the provisions of the Fed­ Dated: February 14, 1966. Code of the Federal Regulations. eral Food, Drug, and Cosmetic Act (sec. J . K . K ir k , G lendon E . C o l l in s , 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Assistant Commissioner Manager. (b) (5) ), notice is given that a petition for Operations. [F.R. Doc. 66-1799; Filed, Feb. 18, 1966; (FAP 6B1943) has been filed by E. I. du 8:47 a.m.] Pont de Nemours & Co., Inc., 1007 Market [F.R. Doc. 66-1782; Filed, Feb. 18, 1966; Street, Wilmington, Del., 19898, propos­ 8:45 am .] ing an amendment to § 121.2520 Adhe­ sives to provide for the safe use of DEPARTMENT OF HEALTH, EDU­ 4,4'-methylene-bis- (2-chloroaniline) as INTERCHEMICAL CORP. a component of food-packaging adhe­ Notice of Filing of Petition for Food CATION, AND WELFARE sives. Additives Resinous and Polymeric Food and Drug Administration Dated: February 14,1966. Coatings AMERICAN CYANAMID CO. J . K . K ir k , Pursuant to the provisions of the Fed­ Assistant Commissioner eral Food, Drug, and Cosmetic Act (sec. Notice of Filing of Petition for Food for Operations. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Additives Components of Paper and [F.R. Doc. 66-1780; Filed, Feb. 18, 1966; (b) (5)), notice is given that a petition Paperboard 8:45 a.m.] (FAP 6B1879) has been filed by Inter­ chemical Corp., Finishes Division, 1255 Pursuant to the provisions of the Fed­ Broad Street, Clifton, N.J., 07015, pro­ eral Food, Drug, and Cosmetic Act (sec. posing an amendment to § 121.2514 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 E. I. DU PONT DE NEMOURS & CO., Resinous and polymeric coatings to pro­ (b) (5)), notice is given that a petition INC. vide for the safe use of 2-ethylhexyl (FAP 6B1931) has been filed by American acrylate as a component of mixed poly­ Cyanamid Co., Wayne, N.J., 07470, pro­ Notice of Filing of Petition for Food mers used for can coatings that contact posing that § 121.2571 Components of pa­ Additives Ethylene-Vinyl Acetate food. per and paperboard in contact with dry Copolymers Dated: February 14, 1966. food be amended to provide for the safe Pursuant to the provisions of the use of disodium N-octadecyl sulfosuccin- Federal Food, Drug, and Cosmetic Act J . K . K ir k , amate as a component of paper and (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. Assistant Commissioner paperboard intended for use in contact for Operations. with dry food. 348(b) (5)), notice is given that a peti­ tion (FAP 6B1906) has been filed by E. I. [F.R. Doc. 66-1783; Filed, Feb. 18, 1966; Dated: February 14,1966. du Pont de Nemours & Co., Inc., 1007 8:46 a.m.] Market Street, Wilmington, Del., 19898, J . K . K ir k , proposing that § 121.2570 Ethylene-vinyl Assistant Commissioner SALSBURY LABORATORIES for Operations. acetate copolymers be amended by add­ ing a new paragraph (c) as follows : [F.R. Doc. 66-1778; Filed, Feb. 18, 1966; Notice of Filing of Petition for Food 8:45 a.m.] (c) The provisions of paragraph (b) Additive Dimetridazole of this section are not applicable to ethylene-vinyl acetate copolymers used Pursuant to the provisions of the Fed­ DOW CHEMICAL CO. in food-packaging adhesives complying eral Food, Drug, and Cosmetic Act (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Notice of Filing of Petition for Food with § 121.2520. (b) (5)), notice is given that a petition Additives Ethylene-Acrylic Acid Dated: February 14,1966. (FAP 6D1942) has been filed by Sals- bury Laboratories, Charles City, Iowa, Copolymers J . K . K ir k , Assistant Commissioner 50616, proposing an amendment to Pursuant to the provisions of the Fed­ § 121.258 Dimetridazole to provide for eral Food, Drug, and Cosmetic Act (sec. for Operations. the safe use of dimetridazole in complete 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 [F.R. Doc. 66-1781; Filed, Feb. 18, 1966; turkey feed by changing item 1 in table 2 (b) (5)), notice is given that a petition 8:45 a.m.] of paragraph (c) to read as follows:

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 NOTICES 2975

T able 2—Dimetridazole in Complete T urkey F eed cedural dates. Answers shall be sub­ mitted on or before March 10, 1966. Principal Grams Combined Grams Limitations Indications for use The motions referred to in (1) above, ingredient per ton with— per ton and any answers thereto, shall be filed with the Docket Section in accordance 1, Dimetridazole..- 136-182 For turkeys; withdraw 5 Prevention of blackhead with the Board’s Rules of Practice in (0.015- days before slaughter; as (histomoniasis, infectious 0.02%) sole source of dimetri- enterohepatitis) ; for Economic Proceedings and copies there­ dazole; eggs not to bo growth promotion and of shall be served on the parties and the used for food purposes. feed efficiency. Examiner. The balance of the written * * * * * * * * * * * * * * * * * ♦ submissions called for by this notice shall be made to the Examiner, with copies Dated: February.14,1966. served on interested parties, but shall not J . K . K ir k , be filed with the Docket Section. Assistant Commissioner for Operations. Dated at Washington, D.C., February [F.R. Doc. 66-1784; Filed, Feb. 18,1966; 8:46 a.m.] 15,1986. [ seal] F rancis W. B r o w n , Chief Examiner. VIRGINIA CHEMICALS, INC. The meeting will be held in the audi­ torium of the Health, Education, and [F.R. Doc. 66-1807; Filed, Feb. 18, 1966; Notice of Filing of Petition for Food Welfare Building, 330 Independence) Ave­ 8:47 a.m.] Additives Defotiming Agents Used nue SW., Washington, D.C., on March 11, in Coatings 1966, starting at 10 a.m. All interested persons are invited to [Docket 16880] Pursuant to the provisions of the Fed­ attend. RATES FOR MAGAZINES; eral Food, Drug, and Cosmetic Act (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Dated: February 16,1966. CHICAGO-LOS ANGELES (b) (5)), notice is given that a petition J ames L. G oddard, Notice of Cancellation of Prehearing (FAP 6B1856) has been filed by Virginia Commissioner of Food and Drugs. Conference Chemicals Inc., West Norfolk; Va., 23703, [F.R. Doc. 66-1827; Filed, Feb. 18, 1966; proposing that § 121.2557 Defoaming 8:47 a.m.] Notice is hereby given that the pre- agents used in coatings be amended to hearing conference in the above-entitled provide for the safe use of sorbitan proceeding presently assigned to be held monolaurate in defoaming agents used on February 21, 1966, before the under­ in the preparation and application of CIVIL AERONAUTICS BOARD signed Hearing Examiner, is canceled. coatings for paper and paperboard in­ [Docket 16984] Dated at Washington, D.C., February tended for use in contact with food. 15,1966. Dated: February 14,1966. LOS ANGELES/SAN FRANCISCO- VANCOUVER CASE [ seal] L e sl ie G . D o na h ue, J . K . K ir k , Hearing Examiner. Assistant Commissioner Notice of Prehearing Conference [F.R. Doc. 66-1808; FUed, Feb. 18, 1966; for Operations. Notice is hereby given that a prehear­ 8:47 a.m.] [FR. Doc. 66-1785; Filed, Feb. 18, 1966; ing conference in connection with the 8:46 a.m.] proposals for the establishment of air [Docket 13577, etc.] routes between Los Angeles/San Fran­ cisco, Calif., and Vancouver, Canada, REOPENED TRANSATLANTIC ROUTE DRUG ABUSE CONTROL AMEND­ covered by the Air Transport Agreement RENEWAL CASE MENTS OF 1965 signed January 17, 1966, between the Notice of Prehearing Conference Notice of Public Meeting Government of Canada and the Govern­ ment of the United Steites is to be heard Notice is hereby given that a prehear­ Because of the impact of the Drug on March 17, 1966, at 10 a.m., e.s.t., in ing conference in the above-entitled Abuse Control Amendments of 1965 on Room 1027, Universal Building, Connect­ matter is assigned to be held on Feb­ the drug industry, wholesalers, pharma­ icut and Florida Avenues NW., Wash­ ruary 24, 1966, at 10 a.m., e.s.t., in Room cists, dispensing physicians, and others, ington, D.C., before Chief Examiner 726, Universal Building, Connecticut and and because of the great interest in the Francis W. Brown. Florida Avenues NW., Washington, D.C., regulations thereunder, the Commis­ The Board intends to proceed expe­ before Examiner James S. Keith. sioner of Food and Drugs believes that the ditiously with proceedings relating to the public interest will be served by schedul­ implementation of the operating rights Dated at Washington, D.C., February ing an open meeting on this important granted under the agreement. The in­ 15,1966. subject. The tentative agenda for the stant proceeding will be limited to con­ [ seal] F rancis W. B r o w n , meeting is; sideration of whether the public con­ Chief Examiner. venience and necessity require a route Morning Session [F Jt. Doc. 66-1809; Filed, Feb. 18, 1966; between Los Angeles/San Francisco and 8:47 a jn .] 10:00 Call to order. Vancouver operated by a U.S. carrier 10:05 General requirem ents of. th e Amend­ and, if so, which carrier shall be author­ m ents. ized to provide the service. This pro­ 10:20 R egulations—cu rren t sta tu s and ceeding will not consider any applica­ scope. ATOMIC ENERGY COMMISSION 10:35 Covered and exem pted drugs. tions for new or improved domestic route 10:50 The advisory com m ittee’s role. authority. [Docket No. 50-133] 11:00-12:00 Panel:—answers to questions In order to facilitate the conduct of subm itted. the conference, interested parties are PACIFIC GAS & ELECTRIC CO. Afternoon Session instructed to submit on or before March Notice of Issuance of Order Extend­ 3, 1966, (1) applications conforming to ing Expiration Date of Provisional 2:00 Registration requirements. the agreement and motions requesting 2:10 Record-keeping requirements. consolidation of such applications into Operating License 2:20 B ureau of D rug Abuse Control orga­ this proceeding; (2) proposed statements nization, its staff, and its authority. Please take notice that the Atomic 2:40 State and local enforcement. of issues; (3) proposed stipulations; (4) Energy Commission has issued an Order 3:00-4:00 Panel—answers to questions sub­ request for evidence; (5) statements of extending to August 31,1966, the expira­ m itted. position of parties; and (6) proposed pro­ tion date specified in Provisional Operat-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2976 NOTICES

ing License No. DPR-7 issued to the Pa­ BP—16707 New, Donelson, Tenn. BP-17041 KVML, Sonora, Calif. cific Gas & Electric Co., authorizing Great Southern Broadcasting Co. Sonora Broadcasting Co. steady state operation at thermal power Req: 1190 kc, 250 w, Day. Has: 1450 kc, 250 w, U. levels up to 240 megawatts of the Hum­ BP-16800 New, Ooamo, P.R. Req: 1450 kc, 250 w, 1 kw-LS, U boldt Bay Unit No. 3 nuclear reactor lo­ Jose Soler. BP-17045 KDXU, St. George, Utah. cated at its site in Humboldt County, Req: 1450 kc, 250 w, 1 kw-LS, U. Roy C. W inkelm ann. BP-16801 WPG A, Perry, Ga. H as: 1450 kc, 250 w, U. Calif. Radio Perry. Req: 1450 kc, 250 w, 1 kw-LS, U. Copies of the Commission’s Order and H as: 980 kc, 500 w, Day. the application dated January 27, 1966, R eq: 980 kc, 1 kw, Day. Application deleted from Public Notice of filed by the Pacific Gas & Electric Co. BP-16803 New, Lancaster, Ky. November 5, 1965 (FCC 65-996) (30 PR are available for public inspection at the Lancaster Broadcasters. 14226) R eq : 1280 kc, 500 w, Day. Commission’s Public Document Room, BP-16804 New, Garden City, Ga. BP—16702 New, St. Maries, Idaho. 1717 H Street NW., Washington, D.C. Woods & Watkins. Clearwater Broadcasting Co. Dated at Bethesda, Md., this 14th day Req: 1520 kc, 1 kw, Day. R eq: 1600 kc, 1 kw, Day. of February 1966. BP-16806 New, Mount Carmel, Pa. (Assigned new File Number BP-17010.) M ount Carmel B roadcasting Co. For the Atomic Energy Commission. Req: 1590 kc, 500 w, Day. [F.R. Doc. 66-1774; Filed, Feb. 18, 1966; 8:45 a.m.] R . L. D oan, BP—16808 New, Bowling Green, Mb. Director, Pike County B roadcasting Co. Req: 1530 kc, 1 kw, 250 w (CH), Division of Reactor Licensing. Day. [F.R. Doc. 66-1772; Filed, Feb. 18, 1966; BP-16810 WDYX, Buford, Ga. FEDERAL MARITIME COMMISSION 8:45 ajn .] Buford Broadcasting, Inc. H as: 1460 kc, 1 kw, Day. BANK LINE LTD. AND AMERICAN R eq : 1460 kc, 5 kw, Day. BP—16811 New, Liberty, Mo. MAIL LINE, LTD. FEDERAL COMMUNICATIONS Clay Broadcasters, Inc. Req: 1140 kc, 500 w, Day. Notice of Agreement Filed for BP—16812 New, W ellington, Kans. Approval COMMISSION Edwin D. H undley and Zora B. STANDARD BROADCAST APPLICA­ Hundley, doing business as Notice is hereby given that the follow- TIONS READY AND AVAILABLE FOR Sum ner Broadcasting Co. ingk agreement has been filed with the Req: 1130 kc, 250 w, DA, Day. Commission for approval pursuant to PROCESSING BP—16814 New, Ozark, Ark. section 15 of the Shipping Act, 1916, F ebruary 15,1966. Hilton & Wiederkehr Enterprises. as amended (39 Stat. 733, 75 Stat. 763, Req: 1510 kc, 1 kw, 250 w (CH), Notice is hereby given, pursuant to Day, 46 U.S.C. 814). § 1.571(c) of the Commission’s rules, that BP—16815 KIML, GiUette, Wyo. Interested parties may inspect and on March 23, /1966, the standard broad­ G illette Broadcasting Co. obtain a copy of the agreement at the cast applications listed in the Appendix H as: 1490 kc, 250 w, U. Washington Office of the Federal Mari­ below will be considered as ready and Req: 1270 kc, 1 kw, 5 kw-LS, DA- time Commission, 1321 H Street NW., available for processing. Pursuant to N, U. Room 609; or may inspect agreements §§ 1.227(b) (1) and 1.591(b) of the Com­ BP-16958 EMBL, Jun ctio n , Tex. at the offices of the District Managers, mission’s rules, an application, in order H. W. Broadcasting Co. New York, N.Y., New Orleans, La., to be considered with any application ap­ H as: 1450 kc, 250 w, U. and San Francisco, Calif. Comments Req: 1450 kc, 250 w, 1 kw—LS, U. pearing on the attached list or with any BP-16959 WSIB, Beaufort, S.C. with reference to an agreement includ­ other application on file by the close of Sea Island Broadcasting Corp. of ing a request for hearing, if desired, may business on March 22, 1966, which in­ South Carolina. be submitted to the Secretary, Federal volves a conflict necessitating a hearing Has: 1490 kc, 100 w, Ü. Maritime Commission, Washington, D.C., with an application on this list, must be Req: 1490 kc, 100 w, 500 w-LS, U. 20573, within 20 days after publication substantially complete and tendered for BP-16963 WMIS, Natchez, Miss. of this notice in the F ederal R egister. filing at the offices of the Commission in Natchez Broadcasting Co. A copy of any such statement should also Washington, D.C., by whichever date is H as: 1240 kc, 250 w, U. be forwarded to the party filing the Req: 1240 kc, 250 w, 1 kw-LS, U. earlier: (a) the close of business on BP-16978 WKAL, Rome, N.Y. agreement (as indicated hereinafter) March 22, 1966, or (b) the earlier effec­ The Maurer Broadcasting Corp. and the comments should indicate that tive cutoff date which a listed applica­ H as: 1450 kc, 250 w, U. this has been done. tion or by any other conflicting appli­ Req: 1450 kc, 250 w, 1 kw-LS, U. Notice of agreement filed for approval cation may have by virtue of conflicts BP-16990 KTOW, Sand Springs, Okla. by: necessitating a hearing with applications Big Chief Broadcasting Co. of Mr. W. R. Purnell, District Manager, Ameri­ appearing on previous lists. Tulsa, Inc. can Mail Line Ltd., 601 California Street, The attention of any party in interest H as: 1340 kc, 250 w, U. Suite 610, San Francisco, Calif., 94108. desiring to file pleadings concerning any Req: 1340 kc, 250 w, 500 w-LS, U. pending standard broadcast application BP-16992 WENZ, Highland Springs, Va. Agreement 9525, between The Bank pursuant to section 309(d)(1) of the Baron Radio, Inc. Line Ltd. and American Mail Line Ltd., Communications Act of 1934, as amend­ H as: 1450 kc, 250 w, U. provides for the establishment of a R eq : 1450 kc, 250 w, 1 kw—LS, U. through billing arrangement by the par­ ed, is directed to § 1.580 (i) of the Com­ BP—17009 KQIK, Lakeview, Or eg. mission’s rules for provisions governing Pacific Northwest Radio, Inc. ties for the movement of cargo from the time of filing and other requirements Has: 1230 kc, 250 w, S. H. ports in Kenya and Tanzania to ports relating to such pleadings. Req: 1230 kc, 250 w, 1 kw-LS, in California, Washington and Oregon Adopted: February 14,1966. S. H. with transhipment at Hong Kong or BP-17014 WPXE, Starke, Fla. F ederal C ommunications Singapore in accordance with the terms Sanders Enterprises, Inc. C o m m is sio n , and conditions set forth in the agree­ Has: 1490 kc, 250 w, U. [seal] B e n F . W aple, ment. Secretary. Req : 1490 kc, 250 w, 1 kw—LS, U. BP-17023 KFIZ, Fond du Lac, Wis. Dated: February 16, 1966. Appendix KFIZ Broadcasting Co. Applications from the top of the processing Has: 1450 kc, 250 w, U. By order of the Federal Maritime line: Req: 1450 kc, 250 w, 1 kw—LS, U. Commission. T homas L i s i , BP—16295 KODA, H ouston, Tex. BP-17024 KEDO, Longview, Wash. T aft Broadcasting Co. KEEDO, Inc. Secretary. H as: 1010 kc, 1 kw, DA, Day. H as: 1400 kc, 250 w, U. [F.R. Doc. 66-1796; Filed, Feb. 18, 1966; R eq : 1010 kc, 5 kw, DA, Day. Req: 1500 kc, 250 w, 1 kw-LS, U. 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 NOTICES 2977

PORT OF DETROIT OPERATOR’S exchange has filed applications with the The applicant was organized by Clark Securities and Exchange Commission Equipment Co. (“Clark”) under the laws ASSOCIATION pursuant to section 12(f)(1)(B) of the of the State of Delaware on February 7, Notice of Agreement Filed for Securities Exchange Act of 1934 and Rule 1966. All of the capital stock of appli­ Approval 12f-l thereunder, for unlisted trading cant, consisting of 4,000 shares, $100 par privileges in the common stocks of the value, will be purchased for $400,000 by Notice is hereby given that the follow­ following companies, which securities are Clark. On or before May 1, 1966, Clark ing agreement has been filed with the listed and registered on one or more other will make a capital contribution to ap­ Commission for approval pursuant to national securities exchanges: plicant of additional cash, securities or section 15 of the Shipping Act, 1916, as American Electric Power Co., other property so that the capital of ap­ amended (39 Stat. 733, 75 Stat. 763, 46 Inc ______FILE 7-2506 plicant will not be less than $3,000,000 at U.S.C. 814). Commonwealth Edison Co------FILE 7-2507 that date. Any additional securities Interested parties may inspect and ob­ Deere & Co___ :______FILE 7—2508 which applicant may issue other than tain a copy of the agreement at the The Firestone Tire & Rubber debt securities shall be issued only to Washington Office of the Federal Mari­ C o ______FILE 7-2509 Clark. Clark will not dispose of any of time Commission, 1321 H Street NW„ The International Nickel Co. of the securities of applicant held by Clark Room 301; or may inspect agreements at Canada, L td______— FILE 7-2510 except to applicant or to another wholly E. J. Korvette, Inc______FILE 7—2511 the offices of the District Managers, New Litton Industries, Inc ------FILE 7-2512 owned subsidiary of Clark. York, N.Y., New Orleans, La., and San G. D. Searle & Co______FILE 7-2514 Clark, a Michigan corporation, is en­ Francisco, Calif. Comments with refer­ gaged in the manufacture of industrial ence to an agreement including a request Upon receipt of a request, on or before trucks, self-propelled construction ma­ for hearing, if desired, may be submitted March 3, 1966, from any interested per­ chinery, automotive parts, commercial to the Secretary, Federal Maritime Com­ son, the Commission will determine food refrigeration equipment and com­ mission, Washington, D.C., 20573, within whether the application with respect to mercial highway trailers. 20 days after publication of this notice in any of the companies named shall be Applicant has been organized to pro­ the F ederal R eg ister . A copy of any set down for hearing. Any such request vide assistance in improving the balance such statement should also be forwarded should state briefly the title of the se­ of payments position of the United to the party filing the agreement (as in­ curity in which he is interested, the na­ States, in compliance with the voluntary dicated hereinafter), and the comments ture of the interest of the person making cooperation program instituted by the should indicate that this has been done. the request, and the position he proposes President in February 1965, while at the Notice of agreement filed for approval to take at the hearing, if ordered. In same time continuing the expansion and by: addition, any interested person may sub­ development of operations of Clark out­ John H. E isenhart, Jr., 1815 H S treet NW , mit his views or any additional facts side the United States. Applicant in­ Suite 940, W ashington, D.C., 20006. bearing on any of the said applications tends to issue and sell an aggregate of by means of a letter addressed to the $15,000,000 principal amount of its Guar­ Agreement No. 8755-3 modifies the Secretary, Securities and Exchange Com­ anteed Debentures Due 1981 (“Deben­ basic agreement between the members of mission, Washington 25, D.C., not later tures”). Clark will guarantee the prin­ the Port of Detroit Operator’s Associa­ than the date specified. If no one re­ cipal, premium, if any, interest and sink­ tion, which is a cooperative working ar­ quests a hearing with respect to any ing fund payments on the Debentures. rangement providing for the pooling of particular application, such application Any additional debt securities of appli­ resources and facilities and the appor­ will be determined by order of the Com­ cant which may be issued to or held by tionment of earnings in the conduct of mission on the basis of the facts stated the public will be guaranteed by Clark stevedoring and marine terminal opera­ therein and other information contained in a manner substantially similar to the tions at certain marine terminal facilities in the official files of the Commission guarantee of the Debentures. The De­ in Chicago, 111. The. purpose of the pertaining thereto. bentures will be convertible on or after modification is to set forth a procedure August 1, 1967, and on or prior to Feb­ for handling shippers’ requests and For the Commission (pursuant to delegated authority). ruary 29, 1976, into common stock of complaints. Clark. Dated: February 16, 1966. [SEAL] ORVAL L . D u BOIS, It is intended that at least 85 percent Secretary. of the assets of applicant will be invested By order of the Federal Maritime [F.R. Doc. 66-1786; Filed, Feb. 18, 1966; in or loaned to foreign subsidiaries of Commission. 8:46 a m .] Clark or other foreign companies (in­ T hom as L i s i , cluding United States companies all or Secretary. substantially all of whose business is [PH. Doc. 66-1797; Filed, Feb. 18, 1966; [812-1916] carried on abroad) in which Clark di­ 8:47 a.m.] rectly or indirectly has, or will acquire, CLARK EQUIPMENT OVERSEAS an equity interest of 10 percent or more FINANCE CORP. and which are primarily engaged in (i) a business other than investing, rein­ Notice of Filing of Application for vesting, owning, holding, or trading in SECURITIES AND EXCHANGE Order Exempting Company From securities or (ii) the business of extend­ Provisions of Act ing credit to, or financing the sale of, COMMISSION Clark’s products. Not more than 15 per­ F ebruary [File No. 7-2506, etc.] 15, 1966. cent of applicant’s assets may be invested Notice is hereby given that Clark in or loaned to foreign companies which AMERICAN ELECTRIC POWER CO., Equipment Overseas Finance Corp. (“ap­ are involved in the manufacture, dis­ INC, ET AL. plicant”), 324 East Dewey Avenue, tribution or sale of Clark’s products but Buchanan, Mich., 49107, has filed an ap­ in which Clark’s direct or indirect equity Notice of Applications for Unlisted plication pursuant to section 6(c) of the investment may be less than 10 percent. Trading Privileges and of Oppor­ Investment Company Act of 1940 (“Act”) Applicant will proceed as expeditiously tunity for Hearing for an order exempting it from all provi­ as possible with the investment of its sions of the Act and the rules and regula­ assets in such manner, will not acquire F ebruary 15,1966. tions thereunder. All interested persons securities for the purpose of sale and will In the matter of applications of the are referred to the application on file not trade in securities. Pending the de­ Cincinnati Stock Exchange for unlisted with the Commission for a statement of velopment of final investment plans, and trading privileges in certain securities. the representations therein, which are from time to time thereafter in connec­ The above named national securities summarized below: tion with changes in long-term invest-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 2978 NOTICES ments, the assets of applicant may be of the interest equalization tax will dis­ invested on a short-term basis outside courage resale to any United States INTERAGENCY TEXTILE the United States or may be deposited in national or resident. banks abroad. Notice is further given that any inter­ The Debentures are to be sold to un­ ested person may, not later than Febru­ ADMINISTRATIVE COMMITTEE derwriters under conditions which are ary 28, 1966, at 12; 30 p.m., submit to CERTAIN COTTON TEXTILE AND COT­ intended to assure that the Debentures the Commission in writing a request for TON TEXTILE PRODUCTS UNDER will not be sold to nationals or residents a hearing on the matter accompanied by of the United States or its territories or a statement as to the nature of his inter­ LONG TERM ARRANGEMENT RE­ possessions. The Agreement Among est, the reason for such request and the GARDING INTERNATIONAL TRADE Underwriters will contain various provi­ issues, if any, of fact or of law proposed IN COTTON TEXTILES sions intended to assure that the Deben­ to be controverted, or he may request tures will not be purchased by nationals that he be notified if the Commission Actions and Restraint Levels or residents of the United States or its should order a hearing thereon. Any February 16,1966. territories or possessions. such communication should be ad­ The purpose of this notice is to an­ Counsel has advised the applicant that dressed: Secretary, Securities and Ex­ nounce certain actions taken by the U.S. U.S. persons will be required to report change Commission, Washington, D.C., Government in furtherance of the objec­ and pay interest equalization tax with 20549. A copy of such request shall be tives of, and under the terms of, the Long respect to acquisitions of the Debentures, served personally or by mail (airmail if Term Arrangement Regarding Interna­ except where a specific statutory exemp­ the person being served is located more tional Trade in Cotton Textiles, done at tion is available.' Thus, by financing its than 500 miles from the point of mailing) Geneva on February 9, 1962. This in­ foreign operations through the applicant upon applicant at the address stated formation is also published in Depart­ rather than through sale of its own debt above. Proof of such service (by affi­ ment of Commerce Press Release G 66-39 obligations, Clark will utilize an instru­ davit or in case of an attorney at law by dated February 8,1966. mentality the acquisition of whose debt certificate) shall be filed contemporane­ 1. Bilateral agreements. On Janu­ obligations by U.S. persons would, gener­ ously with the request. At any time ary 14, 1966, notes were exchanged ex­ ally, subject such persons to interest after said date, as provided by Rule 0-5 tending and amending the bilateral cot­ equalization tax, thereby tending to dis­ of the rules and regulations promulgated ton textile agreement with Japan. ( See courage them from purchasing such debt under the Act, an order disposing of the Department of State Releases No. 9 of securities. application herein may be issued by the January 14, 1966, and No. 10 of Janu­ The Debentures and the common stock Commission upon the basis of the infor­ ary 15,1966). of Clark into which they will be converti­ mation stated in said application, unless On December 30, 1965,. notes were ex­ ble will be registered under the Securities an order for hearing upon said applica­ changed with the Government of Yugo­ Act of 1933 and the applicant will use its tion shall be issued upon request or upon slavia readjusting the levels of Cate­ best efforts to have the Debentures listed the Commission’s own motion. on the New York Stock Exchange and gories 9, 15-16, and 22 for calendar year registered under the Securities Exchange For the Commission (pursuant to dele­ 1965 only, the first year of the bilateral gated authority).' agreement. It was agreed that ship­ Act of 1934. ments in Category 9 could exceed the Applicant submits that it is appropriate [ seal] O rval L. D u B o is , specific ceiling for this category by in the public interest and consistent with Secretary. the protection of investors and the pur­ 265,842 square yards and that exports [F.R. Doc. 66-1787; Filed, Feb. 18, 1966; from Yugoslavia to the United States in poses fairly intended by the policies and 8:46 a.m.] Categories 15-16 and Category 22 would provisions of the Act for the Commission be limited to amounts, respectively, to enter an order exempting applicant 209,296 square yards and 56,546 square from each and every provision of the Act [File No. 1-3393] for the following reasons: (1) A signifi­ yards below the specific ceiling for these VTR, INC. categories. cant purpose of 'the applicant is to assist Bilateral consultations on cotton tex­ in improving the balance of payments Order Suspending Trading tile trade are continuing with the Re­ program of the United States of America public of China. by obtaining funds for foreign operations F ebruary 15,1966. 2. Pending restraints. The United in foreign countries; (2) the payment of The common stock, $1 par value, of States requested restraints of the Gov­ the Debentures, which is guaranteed by VTR, Inc., being listed and registered ernment of Pakistan in one category and Clark, and the value of the right to con­ on the American Stock Exchange, pursu­ the Government of Singapore in several vert the Debentures by exchanging them ant to provisions of the Securities Ex­ categories on December 23 and 30, 1965, for shares of Clark common stock, do not change Act of 1934; and respectively. Consultations on these re­ depend solely on the operations or in­ It appearing to the Securities and Ex­ quests are still underway. vestment policy of the applicant, for as change Commission that the summary a result of the guarantee, the Debenture- suspension of trading in such securities S tanley N eh m er , holders may ultimately look to the busi­ on such Exchange and otherwise than Chairman, Interagency Textile ness enterprise of Clark in the event that on a national securities exchange is re­ Administrative Committee, the applicant should default in payment quired in the public interest and for the and Deputy Assistant Secre­ of the Debentures. Accordingly, the protection of investors; tary for Resources. public policy which dictated the enact­ It is ordered, Pursuant to sections [F.R. Doc. 66-1793; Kled, Feb. 18, 1966; ment of the Act is not applicable to the 15(c) (5) and 19(a) (4) of the Securities 8:46 a.m.] applicant nor do the security holders of Exchange Act of 1934, that trading in the applicant require the protection af­ such securities on the American Stock forded by the Act; (3) none of the secu­ Exchange and otherwise than on a na­ COTTON TEXTILE PRODUCTS IN CATE­ rities of the applicant (other than debt tional securities exchange be summarily GORY 1 PRODUCED OR MANU­ securities) will be held by any person suspended, this order to be effective for FACTURED IN BRAZIL other than Clark or a wholly owned sub­ sidiary of Clark; (4) applicant will not the period February 16, 1966, through Restraint Levels deal or trade in securities; (5) appli­ February 25,1966, both dates inclusive. F ebruary 16, 1966. cant’s security holders will have the By the Commission. benefit of the disclosure and reporting On December 16, 1965, after consulta­ provisions of the Securities Exchange Act [ seal] O rval L. D u B o is , tions with the Government of Brazil, the of 1934 and of the New York Stock Ex­ Secretary. U.S. Government, in furtherance of the change; (6) the Debentures will be sold [F.R. Doc. 66-1788; Filed, Feb. 18, 1966; objectives of, and under the terms of, the only to foreign nationals and the burden 8:46 a.m.] Long Term Arrangement Regarding

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 NOTICES 2979

International Trade in Cotton Textiles In carrying out the above directions, entry Inc., Wilmington, Del., 19898. Send pro­ done at Geneva on February 9, 1962, in­ into the United States for consumption shall tests to: William L. Hughes, District cluding Article 6 relating to nonpartici- be construed to include entry for consump­ Supervisor, Bureau of Operations and tion into the Commonwealth of Puerto Rico. Compliance, Interstate Commerce Com­ pants, informed the Government of The actions taken with respect to the Gov­ Brazil that it is establishing for the 12- ernment of Brazil and with respect to im­ mission, 312 Appraisers’ Stores Building, month period beginning December 16, ports of cotton textile products from Brazil Baltimore, Md., 21202. 1965, and extending through Decem­ have been determined by the President’s No. MC 50002 (Sub-No. 50 TA), filed ber 15, 1966, a restraint Of 2 million Cabinet Textile Advisory Committee to in­ February 14, 1966. Applicant: T. CLAR­ pounds on imports to the United States volve foreign affairs functions of the United ENCE BRIDGE AND HENRY W. of cotton textiles in Category 1, produced States. Therefore, the directions to the Com­ BRIDGE, a partnership, doing business or manufactured in Brazil. This re­ missioner of Customs, being necessary to the as BRIDGE BROTHERS, North Santa implementation of such actions, fall within Fe Trail, Lamar, Colo., 81052. Appli­ straint applies to Category 1 products the foreign affairs exception to the notice entering the United States from Brazil provisions of section 4 of the Administrative cant’s representative: C. Zimmerman, on or after December 16,1965. Further, Procedure Act. This letter will be published 503 Schweiter Building, Wichita, Kans., as an exceptional measure on the basis of in th e F ederal R egister. 67202. Authority sought to operate as unusual circumstances and for this year a common carrier, by motor vehicle, over Sincerely yours, irregular routes, transporting: Fertilizer only, the United States has agreed to J o h n T. Conn o r, permit importation of an additional 10 Secretary of Commerce, and Chair­ solutions, from the plantsite of Phillip million pounds of products in Category 1, man, President's Cabinet Textile Petroleum Co.’s liquid fertilizer plant at produced or manufactured in Brazil, and Advisory Committee. or near Aurora, Nebr. to points in Iowa, entering the United States on or after Kansas, Missouri, and South Dakota, for [F.R. Doc. 66-1794; Filed. Feb. 18, 1966; 180 days. Supporting shipper: Phillips August 1,1965, and through July 31,1966, 8:46 a.m.] which will not be counted against the Petroleum Co., Bartlesville, Okla., 74003. above- level of restraint set for the 12- Send protests to: Herbert C. Ruoff, Dis­ month period ending December 15, 1966. trict Supervisor, Bureau of Operations There is published below a letter of and Compliance, Interstate Commerce February 15, 1966, from the Chairman, INTERSTATE COMMERCE Commission, 2022 Federal Building, President’s Cabinet Textile Advisory Denver, Colo., 80202. Committee, to the Commissioner of COMMISSION No. MC 71331 (Sub-No. 11 TA), filed Customs, directing that the amounts of [Notice 133] February 11, 1966. Applicant: FOY cotton textiles and cotton textile prod­ CHALKER AND A. C. CREEL, a partner­ ucts in Category 1, produced or manu­ MOTOR CARRIER TEMPORARY ship, doing business as DOVE TRUCK factured in Brazil, which may be entered AUTHORITY APPLICATIONS LINE, 935 North Oates Street, Post Of­ fice Box 1482, Dothan, Ala. Applicant’s or withdrawn! from warehouse for con­ F ebruary 16,1966. sumption in the United States from representative: Maurice F. Bishop, 325- August 1, 1965, through December 15, The following are notices of filing of 29 Frank Nelson Building, Birmingham, 1966, be limited to designated levels. applications for temporary authority un­ Ala., 35202. Authority sought to oper­ der section 210a(a) of the Interstate ate as a common carrier, by motor ve­ S tanley N e h m e r , Commerce Act provided for under the hicle, over irregular routes, transport­ Chairman, Interagency Textile new rules in Ex Parte No. MC 67 (49 ing: Juices, beverages, or drinks (other Administrative Committee, CFR Part 240), published in the F ederal than citrus), not requiring refrigeration, and Deputy Assistant Secre­ R eg ister, issue of April 27,1965, effective from Bradenton and Cocoa (Port Ca­ tary for Resources. July 1, 1965. These rules provide that naveral), Fla., to Dothan, Ala., and THE SECRETARY OP COMMERCE protests to the granting of an applica­ points in Alabama within 125 miles of PRESIDENT’S CABINET TEXTILE ADVI­ tion must be filed with the field official Dothan, for 180 days. Supporting SORY COMMITTEE named in the F ederal R egister publica­ shipper: Tropicana Products, Inc., tion, within 15 calendar days after the Bradenton, Fla., 33505. Send protests WASHINGTON, D.C., 20230, date notice of the filing of the applica­ to: George H. Fauss, Jr., District Super­ F ebruary 15,1966. tion is published in the F ederal R eg is­ visor, Bureau of Operations and Com­ ter. One copy of such protest must be pliance, Interstate Commerce Commis­ Commissioner of Cu stom s, Department of the Treasury, served on the applicant, or its authorized sion, Post Office Box 4969, Jacksonville, Washington, D.C. representative, if any, and the protest Fla. 32201. must certify that such service has been No. MC 111729 (Sub-No. 136 TA), filed Dear Mr . Commissioner : Under the terms February 11, 1966. Applicant: AR­ of the Long Term Arrangement Regarding made. The protest must be specific as International Trade in Cotton Textiles done to the service which such protestant can MORED, CARRIER CORPORATION, at Geneva on February 9, 1962, including and will offer, and must consist of a 222-17 Northern Boulevard, De Bevoise Article 6 relating to nonparticipants, and in signed original and six (6) copies. Building, Bayside, N.Y., 11361. Appli­ accordance with the procedures outlined in A copy of the application is on file, and cant’s representative: J. K. Murphy Executive Order 11052 of Septem ber 28, 1962, can be examined, at the Office of the (same address as above). Authority you are directed to prohibit, effective as soon Secretary, Interstate Commerce Com­ sought to operate as a common carrier, as possible, entry into the United States for mission, Washington, D.C., and also in by motor vehicle, over irregular routes, consumption, and withdrawal from ware­ the field office to which protests are to transporting: Checks, business papers, house for consumption, of cotton textile be transmitted. records, and audit and accounting media products in Category 1, produced or manu­ of all kinds, advertising material and factured in Brazil in excess of a level of re­ M otor C arriers o f P roperty straint of 12 million pounds1 for the period merchandise samples (excluding plant beginning A ugust 1, 1965, and extending No. MC 30887 (Sub-No. 141TA), filed removals), limited to shipments not to through December 15, 1966. Of th is am ount, February 14, 1966. Applicant: SHIP- exceed 75 pounds per shipment, between no more than 2 million pounds of such goods LEY TRANSFER, INC., 49 Main Street, points in Dubuque County, Iowa, on the shall be perm itted entry after Ju ly 31, 1966. Post Office Box 55, Reisterstown, Md., one hand, and, on the other, points in A detailed description of Category 1 in terms of T.S.U.S.A. numbers was published in 21136. Applicant’s representative: W. Jefferson, Manitowoc, Marathon, Wau­ the F ederal R egister on October 1, 1963 (28 Wilson Corroum (same address as kesha, Winnebago, and Wood Counties, F.R. 10551). above). Authority sought to operate as Wis., for 150 days. Supporting shipper: a common carrier, by motor vehicle, over Johnson Hill’s, Inc., Wisconsin Rapids, Wis. Send protests to: E. N. Carignan, 1This level has been adjusted to 7,801,622 irregular routes, transporting: Dry plas­ pounds to reflect entries made from Aug. 1, tic granules, in bulk, in tank or hopper District Supervisor, Bureau of Opera­ 1965 through Jan . 14, 1966. A djustm ents type vehicles, from Baltimore, to Mays tions and Compliance, Interstate Com­ have not been made to reflect entries made Landing, N.J., for 120 days. Supporting merce Commission, 346 Broadway, New on or after Jan . 15,1966. shipper: E. I. du Pont de Nemours & Co., York, N.Y., 10013.

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 No. 35------8 2980 NOTICES

No. MC 115322 (Sub-No. 48 TA), filed cana Products, Inc., Bradenton, Fla., mission, 906 Schweiter Building, Wichita, February 11, 1966. Applicant: BLYTHE 33505. Send protests to: George H. Kans., 67202. MOTOR LINES, INC., 2939 Orlando Fauss, Jr., District Supervisor, Bureau of Drive, Post Office Box 1698, Sanford, Fla., Operations and Compliance, Interstate By the Commission. 32771. Applicant’s representative: S. J. Commerce Commission, Post Office Box [ seal] H. N e il G arson, Gentcher (same address as above). Au­ 4969, Jacksonville, Fla., 32201. Secretary. thority sought to operate as a common No. MC 125420 (Sub-No. 10 TA), filed [FJt. Doc. 66-1804; Filed, Feb. 18, 1966; c a r r i e r , motor vehicle, over irregular February 11, 1966. Applicant: MER­ 8:47 a.m.] routes, transporting: Juices, beverages, CURY TANKLINES, LIMITED, Post Of­ or drinks (other than citrus), not re­ fice Box 5858, South Edmonton, Alberta, quiring refrigeration, from Bradenton Canada. Applicant’s representative: J. [Notice 1303—A} and Cocoa (Port Canaveral), Fla, to F. Meglen, 2822 Third Avenue North, MOTOR CARRIER TRANSFER points in Connecticut, Delaware, Maine, Billings, Mont., 59101. Authority sought Maryland, Massachusetts, New Hamp­ to operate as a contract carrier, by motor PROCEEDINGS shire, New Jersey, New York, Pennsyl­ vehicle, over irregular routes, transport­ F ebruary 16, 1966. vania, Rhode Island, Vermont, and West ing: Alcoholic beverages, in bulk, in tank Synopses of orders entered pursuant Virginia, for 180 days. Supporting ship­ vehicles, for the account of Canadian to section 212(b) of the Interstate Com­ per: Tropicana Products, Inc., Braden­ Park & Tilford Ltd., from the port of merce Act, and rules and regulations ton, Fla., 33505. Send protests to: entry on the international boundary be­ prescribed thereunder (49 CFR Part George H. Fauss, Jr., District Supervisor, tween the United States and Canada at 179) .appear below: Bureau of Operations and Compliance, or near Blaine, Wash, to Fresno, Calif., As provided in the Commission’s spe­ Interstate Commerce Commission, Post for 180 days. Supporting shipper: Ca­ cial rules of practice any interested per­ Office Box 4969, Jacksonville, Fla.» 32201. nadian Park & Tilford, Ltd., 1240 Cotton son may file a petition seeking No. MC 116879 (Sub-No. 4 TA), filed Road North, Vancouver, British Colum­ reconsideration of the following num­ February 11, 1966. Applicant: RICH­ bia, Canada. Send protests to: Paid J. bered proceedings within 20 days from ARD T. BESTWICK, 213 South 13th, Labane, District Supervisor, Bureau of the date of publication of this notice. Sabetha, Kans., 66534. Applicant’s rep­ Operations and Compliance, Interstate Pursuant to section 17(8) of the Inter­ resentative: John E. Jandera, 641 Har­ Commerce Commission, 318 U.S. Post state Commerce Act, the filing of such a rison Street, Topeka, Kans., 66603. Au­ Office Building, Billings, Mont., 59101. petition will postpone the effective date thority sought to operate as a contract No. MC 127925 TA, filed February 14, of the order in that proceeding pending carrier, by motor vehicle, over irregular 1966. Applicant: KINGSLAND PAPER its disposition. The matters relied upon routes, transporting: Liquid condensed HAULAGE, INC., 217 Post Avenue, Lynd- by petitioners must be specified in their milk in shipper-owned 'tanks, from Sa­ hurst, N.J., 07071. Applicant’s repre­ petitions with particularity. betha, Kans., to Cabool, Mo., for 150 days. sentative: George A. Olsen, 69 Tonnele No. MC-FC-35401. By order of Feb­ Supporting shipper: Eugene Marti, Ne­ Avenue, Jersey City, N.J., 07306. Au­ ruary 15, 1966, the Transfer Board ap­ maha Cooperative Creamery Association, thority sought to operate as a contract proved the lease to Donald G. Powell, Sabetha, Kans., 66534. Send protests carrier, by motor vehicle, over irregular doing business as Powell Truck Line, to: I. C. Peterson, District Supervisor, routes, transporting: Scrap or uxiste Jasper, Minn., of the operating rights in Bureau of Operations and Compliance, paper, between Lyndhurst, N.J., on the certificates Nos. MC-119623 (Sub-No. 1) Interstate Commerce Commission, 309 one hand, and, on the other, New York, and MC-119623 (Sub-No, 3), issued De­ Federal Building, Topeka, Kans., 66603. N.Y., and the Port Facilities in New York cember 22, 1960, and April 10, 1964, to No. MC 118217 (Sub-No. 3 TA), filed and in New Jersey within the New York, Lawrence Sundermeyer, Panama, Okla., February 11, 1966. Applicaht: A. W. N.Y., harbor area, as defined by the Com­ authorizing the transportation, over ir­ STURGEON AND HARRY MEEKER, a mission in Ex Parte No. 140—Determina­ regular routes, of: Creosote, treated posts, partnership, doing business as STUR­ tion of the limits of New York Harbor poles, and lumber, from Panama, Okla., GEON & MEEKER, 1733 North Wash­ and harbors continuous thereto, 49 CFR to points in Nebraska, South Dakota, and ington Street, Wichita, Kans., 67214. 303.1, under a continuing contract with specified portions of Iowa, Minnesota, Authority sought to operate as a com­ Toga Paper Stock Co., Inc., of New York, and Kansas. Val M. Higgins, 1000 First mon carrier, by motor vehicle, over ir­ N.Y., for 180 days. Supporting shipper: National Bank Building, Minneapolis, regular routes, transporting: Flour, in Toga Paper Stock Co., Inc., 120 Wall Minn., 55402, attorney for applicants. sacks, from Hutchinson, Kans., to Al­ Street, New York, N.Y., 10000. Send No. MC-FC-68308. By order of Feb­ buquerque and Santa Fe, N. Mex., for protests to: Joel Morrows, District Super­ ruary 15, 1966, the Transfer Board ap­ 180 days. Supporting shipper: The visor, Bureau of Operations and Compli­ proved the transfer to System Transport, William Kelly Milling Co., 414 South ance, Interstate Commerce Commission, Inc., Spokane, Wash., of certificates Nos. Main Street, Hutchinson, Kans., 67501. 1060 Broad Street, Newark, N.J., 07102, MC-107743 and MC-107743 (Sub-No. 2), Send protests to: M. E. Taylor, District M otor C arriers o f P assengers issued June 20, 1950, and November 12, Supervisor, Bureau of Operations and 1957, to George W. Cully and S. J. Cully, Compliance, Interstate Commerce Com­ No. MC 124852 (Sub-No. 4 TA), filed Jr., a partnership, doing business as mission, 906 Schweiter Building, Wichita, February 11, 1966. Applicant: INLAND Cully Trucking Co., Spokane, Wash., au­ Kans., 67202. MOTOR LINES, INC., 356 North Rock thorizing the transportation of lumber, No. MC 120543 (Sub-No. 44 TA), filed Island Avenue, Wichita, Kans., 67214. moulding, and wooden shingles, over ir­ February 11, 1966. Applicant: FLOR­ Authority sought to operate as a com­ regular routes, from points in B enew ah, IDA REFRIGERATED SERVICE, INC., mon carrier, by motor vehicle, over reg­ Bonner, Boundary, Kootenai, Latah, arid U.S. Highway 301 North, Post Office Box ular routes, transporting: Passengers Shoshone Comities, Idaho, to points in 1297, Dade City, Fla., 33525. Appli­ and their baggage, and express, between Adams, Benton, Franklin, Grant, Spo­ cant’s representative: Denver Wester- Wichita, Kans., and Caldwell, Kans., kane, Stevens, and Whitman Counties, field (same address as above). Author­ over U.S. Highway 81, serving all inter­ Wash.; and from points in W h itm an , ity sought to operate as a common car­ mediate points, for 180 days. Support­ Spokane, Lincoln, Stevens, and Pend rier, by motor vehicle, over irregular ing shippers: Mr. and Mrs. Charles Oreille Counties, Wash., to points in routes, transporting: Juices, beverages, Barnett, 1312 North A, Wellington, Bonner, Boundary, Kootenai, B enew ah, or drinks (other than citrus), not re­ Kans.; Mrs. L. R. Henton, South Haven, Latah, and Shoshone Counties, Idaho* quiring refrigeration, from Bradenton Kans.; Mrs. Ernest J. Kolman, 811 with no transportation for compensation and Cocoa (Port Canaveral), Fla., to North Washington, Wellington, Kans.; on return except as otherwise a u th o r­ points in Arizona, California, Colorado, The Sherwin-Williams Co., 118 West ized. G. R. LaBissoniere, 533 C en tral Nevada, New Mexico, Texas, and Utah; Harvey, Wellington, Kans.; Dale McAfee, Building, Seattle 4, Wash., Representa­ and to points on the Ontario-Quebec- 1003 South Jefferson, Wellington, Kans. tive for applicants. United States boundary for furtherance Send protests to: M. E. Taylor, District No. MC-FC-68401. By order of Feb­ to points in Canada as authorized, for Supervisor, Bureau of Operations and ruary 15, 1966, the Transfer Board 180 days. Supporting shipper: Tropi­ Compliance, Interstate Commerce Com­ approved the transfer to Goderich Ware-

FEDERAL REGISTER, VOL. 31, NO. 35— SATURDAY, FEBRUARY 19, 1966 NOTICES 2981 housing and Transport, Ltd., Goderich, Gravel Co., Inc., 120 Berkley Street, with Rule 1.40 of the general rules of Ontario, Canada, of the operating rights Taunton, Mass., of the operating rights practice (49 CFR 1.40) and filed within of Charles L. Allsop, doing business as in certificate No. MC-74486 (Sub-No. 1), 15 days from the date of publication of Rocket Delivery, London, Ontario, Can­ issued June 1, 1943, to Joseph S. Rose, this notice in the F ederal R eg ister. ada, in Permit No. MC-124537 (Sub-No. doing business as McCabe Sand & Gravel L ong- and-S h ort H aul I) , issued April 8, 1964, authorizing the Co., 120 Berkley Street, Taunton, Mass., transportation, over irregular routes, of authorizing the transportation, of: Lime, FSA No. 40304—Ferro alloys to Hous­ tobacco tying machines, knocked down, cement, brick, ready-mixed concrete, ton and Washington, Pa. Filed by O. W. and parts and accessories therefor when sand, gravel, crushed stone, bituminous South, Jr., agent (No. A4853), for in­ moving in connection therewith, from concrete, and cinders, in dump trucks or terested rail carriers Rates on ferro­ the United States-Canada boundary line concrete-mixer trucks, over irregular manganese, ferro-silicon, silico-manga- at ports of entry at Buffalo and Niagara routes, between points and places in nese, in ca rlo ad s, from Emco, Ala., Palls, N.Y., to points in Virginia, North Massachusetts and Rhode Island, within Chattanooga and Rockwood, Tenn., to Carolina, South Carolina, Georgia, and 40 miles of Taunton, Mass. Houston and Washington, Pa. Florida. S. Harrison Kahn, 733 Invest­ No. MC—FC—68461. By order of Feb­ Grounds for relief—Market competi­ ment Building, Washington, D.C., 20005, ruary 15, 1966, the Transfer Board ap­ tion. attorney for applicants. proved the transfer to James Marshall, Tariff—Supplement 68 to Southern No. MC-FC-68439. By order of Feb­ Sr., and James Marshall, Jr., a partner­ Freight Association, agent, tariff ICC ruary 15, 1966, the Transfer Board ap­ ship, doing business as Marshall’s Moving S-308. proved the transfer to Four Star Hauling, Service, Hawthorne, N.J., of the operat­ FSA No. 40305—Returned peanut ship­ Inc., Shelley, Idaho, of that portion of ing rights in certificate No. MC-95117, ments from, to and between points in the operating rights of Dan D. Pack, do­ issued October 14, 1958, to James Mar­ southern territory. Filed by O. W. South, ing business as Pack Truck Lines, Idaho shall, Sr., James Marshall, Jr., and David Jr., agent (No. A4854), for interested Falls, Idaho, in certificate No. MC- Marshall, doing business as Marshall’s rail carriers. Rates on returned ship­ 109506, issued December 4, 1963, author­ Moving Service, Hawthorne, N.J., au­ ments of peanuts, in carloads, from, to izing the transportation, over irregular thorizing the transportation, over irregu­ and between points in southern terri­ routes, of cement, from Inkom, Idaho, lar routes, of: Household goods as defined tory, also from points in official (includ­ to points in Beaverhead, Deer Lodge, by the Commission, between points in ing Illinois), western trunkline and Gallatin, Madison, Missoula, Park, Ra­ Passaic County, N.J., on the one hand, Canadian territories. valli, Sweet Grass, and Silver Bow and, on the other, New York, N.Y., points Grounds for relief—Carrier competi­ Counties, Mont., Elko, Eureka, Lander, on Long Island, N.Y., those in West­ tion. and White Pine Counties, Nev., and Fre­ chester County, N.Y., and those in Penn­ Tariff—Supplement 45 to Southern mont, Lincoln, Sweetwater, Sublette, sylvania east of the Susquehanna River. Freight Association, agent, tariff ICC and Teton Counties, Wyo., and those Eugene R. Leach, 197 Garden Road, S—314. points in Wyoming located in the Yellow­ Pompton Lakes, N.J., 07442, practitioner FSA No. 40306—Substituted service— stone National Park, and of the operating for applicants. C&NW, et al., for New Way Transfer Co., rights in certificates Nos. MC-109506 Inc. Filed by New Way Transfer Co., (Sub-No. 9) and MC-109506 (Sub-No. [ seal] H. N e il G arson, Inc. (No. 1), for interested carriers. II) , issued January 15, 1965, and Feb­ Secretary. Rates on property loaded in trailers and ruary 1, 1966, respectively, authorizing [F.R. Doc. 66-1805; Filed, Feb. 18, 1966; transported on railroad flat cars, be­ the transportation, over irregular routes, 8:47 a.m.] tween interchange points named in the of cement, from Idaho Falls, Idaho, to application, on traffic originating at or points in Beaverhead, Deer Lodge, Gal­ destined to such points or points beyond, latin, Madison, Missoula, Park, Ravalli, FOURTH SECTION APPLICATION as described in the application. Sweet Grass, and Silver Bow Counties, FOR RELIEF Grounds for relief—Motortruck com­ Mont., Fremont, Lincoln, Sweetwater, petition. Sublette, and Teton Counties, Wyo., and F ebruary 16, 1966. FSA No. 40307—Clay from Lowell, Fla. points in Wyoming located in Yellow­ Protests to the granting of an appli­ Filed by O. W. South, Jr., agent (No. stone National Park, from Twin Falls, cation must be prepared in accordance A4856), for interested rail carriers. Idaho, to points in Elko, Eureka, Lander, with Rule 1.40 of the general rules of Rates on clay, kaolin and pyrophyllite, in and White Pine Counties, Nev., from Po­ practice (49 CFR 1.40) and filed within carloads, from Lowell, Fla., to points in catello, Idaho, and Pocatello Airport, 15 days from the date of publication of official (including Illinois) territory. Idaho, to points in Fremont, Lincoln, this notice in the F ederal R e g ist e r . Grounds for relief—Market competi­ Sweetwater, Sublette, and Teton Coun­ L o n g - and-S h o rt H aul tion. ties, Wyo., Elko, Eureka, Lander, and Tariff—Supplement 203 to Southern White Pine Counties, Nev., and points in FSA No. 40312—Liquid caustic soda to Freight Association, agent, tariff ICC Wyoming located in Yellowstone Na­ Griffin, Ga. Filed by O. W. South, Jr., S-40. tional Park, and of cement, and pozzolan, agent (No. A4859), for interested rail FSA No. 40308—Corn and oats from from Cambridge, Idaho, to the Hells carriers. Rates on liquid caustic soda, points in Illinois. Filed by Western Canyon dam site, Adams County, Idaho. in tank carloads, from Calvert, Ky., to Trunk Line Committee, agent (No. A- L. Charles Johnson, Spaulding Building, Griffin, Ga. 2440), for interested rail carriers. Rates Pocatello, Idaho, 83201, attorney for Grounds for relief—Carrier competi­ on corn and oats and direct products applicants. tion. thereof, also kindred or related articles, No. MC-FC-68458. By order of Feb­ Tariff—Supplement 74 to Southern in carloads, from specified points in Il­ ruary 15, 1966, the Transfer Board ap­ Freight Association, agent, tariff ICC linois, to points in Iowa, Minnesota, and proved the transfer to Reliable Cartage S-484. Missouri, also Kansas City, Kans., and Co., a corporation, Chicago, 111., of the By the Commission. Omaha and South Omaha, Nebr. certificate of registration No. MC-96147 Grounds for relief—Market competi­ (Sub-No. 2), issued January 18, 1965, to [ seal] H . N e il G arson, tion. Samuel Catalano, doing business as Re­ Secretary. Tariffs—Supplement 8 to Illinois Cen­ liable Cartage Co., Chicago, 111., evi­ [F.R. Doc. 66-1806; Filed. Feb. 18, 1966; tral Railroad Co., tariff ICC A-12075 and dencing a right to engage in interstate 8:47 a jn .] 2 other schedules named in the applica­ or foreign commerce in the transporta­ tion. tion of general commodities, within the FSA No. 40309—Grain to Louisiana State of Illinois. Robert H. Levy, 29 FOURTH SECTION APPLICATIONS gulf ports. Filed by Missouri Pacific South La Salle Street, Chicago, 111., FOR RELIEF Railroad Co. (No. 1135), for and on be­ 60603, Attorney for applicants. half of itself and for the Texas & Pacific No. MC-FC-68459. By order of Feb­ F ebruary 15, 1968, Railway Co. Rates on wheat, corn, oats, ruary 1 5 , 1966, the Transfer Board ap­ Protests to the granting of an applica­ rye, barley, and grain sorghums, in car­ proved the transfer to McCabe Sand & tion must be prepared in accordance loads, from Kansas City, Mo.-Kans.,

FEDERAL REGISTER, VOL. 31, NO. 35— -SATURDAY, FEBRUARY 19, 1966 2982 NOTICES

Omaha, South Omaha, Nebr., St. Louis, ested rail carriers. Rates on clay, property moving on class and commodity Mo., and East St. Louis, IlLr to Baton n.o.i.b.n., processed, in carloads, from rates, between Vaughn, Fla., on the one Rouge, New Orleans, and Port Allen, La., Fort Worth, Tex., to Pascagoula, Miss. hand, and points in the United States for export. Grounds for relief—Market competi­ and Canada, on the other. Grounds for relief—Unregulated barge tion. Grounds for relief—New station and competition. Tariff—Supplement 15 to Southwest­ grouping. Tariffs—Supplements 8 and 13 to Mis­ ern Freight Bureau, agent, tariff ICC souri Pacific Railroad Co., tariffs ICC 4628. By the Commission. 309 and 347, respectively. FSA No. 40311—Class and commodity [seal] H . N e il G arsox, PSA No. 40310—Clay to Pascagoula, rates from and to Vaughn, Fla. Filed Secretary. Miss. Filed by Southwestern Freight by O. W. South, Jr., agent (No. A4858), [F.R. Doc. 66-1759r Filed, Feb. 17, 1966; Bureau, agent (No. B-8820), for inter­ for interested rail carriers. Rates on 8:49 a.m.]

FEDERAL REGISTER, V O L SBr NO. 35— SATURDAY, FEBRUARY 19, 1966 FEDERAL REGISTER 2983

CUMULATIVE LIST OF CFR PARTS AFFECTED— FEBRUARY

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 February. Page Page 7 CFR— Continued Page 16 CFR 3 CFR 1239 P roposed R u les— Continued 15______Proclamation: 2651 3212 (terminated by Proc. 1063______2659 303__ .______2698 P roposed R u l e s : 3703)------1295 1067 ______2661 3701 ______1231 1068 ______1242 301—___ — 1265 1097______2430 3702 ______2430 17 CFR 3703 ______1295 1102______231______2544 2811 1106______1304 2592 3704 ______2430 240__ :______Executive O rders: 1108______241— — ____ 2475 3406 (revoked in part by PLO P roposed R u l e s : 2548 8 CFR 3924)___i______-______2373 240— ___ 1247 10033 (amended by EO11269) _ 2813 212__ _ 249— —. 1247 2813 214__._ 2373 11269______2373 259— __r— : 1247 Presidential D o cum en ts O th er 245____ 274____ 1247 T han P roclamations and E xec­ P roposed R u l e s : utive O rders: 214______2784 18 CFR Letter of Jan. 29,1966_------2469 2778 9 CFR P roposed R u l e s : 5 CFR 51______-______2473 2______2784 213------1233, 78______2473, 2591 2784 2645, 14______1270, 1271, 2373, 2471, 2583, 304______2543 154______1316 2932. P roposed R u l e s : 338____ 1233 312 ______- 2484 19 CFR 8_ 2727 6 CFR 10 CFR 73_*__ 2531 10 ______2546, 2817 P roposed R u l e s : 13 2727 7 CFR Ch. I______2699 16_ 2728 l__ — 2894 140______2614 24 ______2778 15____— 2645 25 ______- 2546 54 ______2771 12 CFR 200— ______2593 2544 55 ______2771, 2951 543______P roposed R u l e s : 56 ______2771 P roposed R u l e s : 13—.—____ — __ -______2430 70— ___ 2771, 2951 581 ___ 1314, 1315 319 ______2589 582 ______— 1314, 1315 20 CFR 401 ______1297 25______2376 701 ______2728 13 CFR P roposed R u l e s : 709 ______2815 2815 107— — ____- 405______2748 717 ______2413 112______2374 2374 718 ______2590 113______-____ 21 CFR 719 ______1236 8______2653 722 ______2471, 2531, 2776 14 CFR 27 ______2896 21______2421 724 ______1233, 121————______1271, 1237, 1238, 1297, 2414, 2590, 2645 39______1267, 2422, 2649, 2650, 2681, 2887, 2927 2425, 2476, 2547, 2833, 2896, 2897, 728. 2728 2960. 730. 1239 45. ______1268 ______1268 130______2653 775. 2472 71. 146______2653 811. 2776 ,2895 2002, 2422, 2423, 2473-2475, 2531, 2650,2651,2717,2888. 164______—— ___— —— 2653 850 ______2648 166______.______1239 851 ______1297 73 ______1268, 1269, 2002, 2583 905______2693, 2694 75 ______- 2002, 2475, 2777, 2888 P roposed R u l e s : 907 ______2951 ______97______2420,______2694, 2776, 2532, 2584, 2889 130______— 2967 908 ______2895, 2952 157— ______1269 22 CFR 910______2420, 2695, 2952 221______-_____ 2424 502— ______2426 912______2695, 2952, 2953 225______2927 913 ______2373, 2695, 2953, 2954 295______2681 24 CFR 944______2728 370______1298 203______- ______2477, 2887 970 ______2648, 2729 P roposed R u l e s : 213______- ______2477 971 ______1239 1______2485 234______2478 993__ 2777 11______2903 1068_____ 2696 21______—______2485 26 CFR I486.______2954 27______2485 1 ______1271, 2427 Proposed R u l e s : 29______2485 31_ 2596 26______2695 33. ______2486 251______- _____ 2377 729______2479 35. ______2487 601______2818 813______2835 67. ______1312 906______2552 71. ______1312 28 CFR 967______1304 2436, 2437,2488-2490, 2552, 2553 o______2427 991______2479 2660,2661,2732,2903, 2904. 1003______2695 73. ______2969 29 CFR 1013______2730 75. ______2614 800______2657 1016____ 2695 1602______2832 1033 ___ 2384 15 CFR P roposed R u l e s : 1034 ___ 2384 8______2817 60______2436 2984 FEDERAL REGISTER

30 CFR Page 38 CFR Paee 46 CFR Page 42______2378 3____ 1______2782 309------1240 400______2897 14______2782 P roposed R u l e s : P roposed R u l e s : 10------2602, 2972 221______2614 3 9 CFR 25------2602 112______2428 30------:------2602 31 CFR 114______2428 32 ------2602 203______— 2596 168______2428 33 ------2602 32 CFR 533______2429 35------2602 41______2887 P roposed R u l e s : 38------2602 111______2681 46____ 2384 40------2602 553______2834 61______2384 70------2602 591 ______2367 72 ------2602 41 CFR 73 ------2602 592 ______2368 5-3______2689 593 ______2368 75 ------2602 594 ______2369 5-6______2689 76 ------2602 5B-1______2597 77.------2602 595 ______2369 5B-2______2597 599 ______2370 78------2602 5B-16___ 2600 90------2602 600 ______2370 1 1 -1 ______2898 602______2370 92------2602 101-25______2471 94 ------2602 603______2371 101-47______2658 606______2371 95 ------2602 610______2371 43 CFR 96 ------2602 1001—______2681 97 ------2602 20______2512 98 __ 2602 1002______2684 P u blic L and O rders: 1003 ______2684 509 (revoked by PLO 3932)—_ 2691 110------2602 1004 ______2685 577 (revoked in part by PLO 111------2602 1006______2685 3922)____ 2547 113------2602 1007______2686 146______2602 684 (revoked in part by PLO 157—______2602 1010______2687 3922)______2547 1013______2687 160______2602 1394 (revoked in part by PLO 167____ 2602 1015 ______2688 3926)______2548 1016 ______2688 173______2602 3263 (revoked in part by PLO 176_____ :______2602 1017 ______2688 3934)______2692 1018 ______2688 181______2602 3447 (revoked in part by PLO 187______2602 1030______2688 3931)______2691 1053 ______1303, 2688 3485 (see PLO 3931)______2691 47 CFR 1054 ______2689 3870______2380 1______2549, 2600 1057______2689 3875 (amended by PLO 3936) _ 2692 19______2721 1450______2928 3921 ______2547 21______2600 32A CFR 3922 ______2547 73______2932 BDSA (Ch. VI) : 39232______2547 91 ______2550 M -11A ______2657 3924 ______2548 95______2551, 2600 3925 ______—______2548 P roposed R u l e s : 33 CFR 3926 ______2548 1______2904 82______2427 3927 ______' 2549 73 ____ 2438, 2554, 2555, 2970 207:______2898 3928 ______2549 74 ______2904 303______2898 3929 ______2549 400______2778 3930 ______2549 4 9 CFR P roposed R u l e s : 3931 ______2691 0______2718 1______2602 3932 _ 2691 77______2950 66______2602 3933 _ 2692 80______2692 3934 ______2692 95______1303, 2692 82______2602 3935 ______2692 136______2380 90______2602 3936 ______2692 P roposed R u l e s : 95______2602 3937—______2692 178______2662, 2663 100______2602 144______2602 45 CFR 50 CFR 81___ 1302 28______2383, 2717 36 CFR 90______2900 32 __ 1303 501_____ 2597 17Q______2477 33 ______2383,2551,2583 37 CFR 801______2657, 2693, 2902, 2928 262______2783 P roposed R u l e s : P roposed R u l e s : P roposed R u l e s : 201______2614 85...... —______1312 32______2784 e O

2 2 j j PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

Now available Lyndon B. Johnson 1963-64

B ook I (November 22, 1963 to June 30, 1964) Price $6.75 B ook II (July 1, 1964 to December 31, 1964) Price $7.00

Contents .-s • Messages to the Congress HI • Public spèeches and letters • The President’s news conferences • Radio and television reports to the American people • Remarks to informal groups Prior volumes Published by Prior volumes covering most of the Truman Office of the Federal Register administration and all of the Eisenhower and National Archives and Records Service Kennedy years are available at comparable General Services Administration prices from the Superintendent of Documents, Order, from Government Printing Office, Washington, D.C. Superintendent of Documents 20402. U.S. Government Printing Office Washington, D.C. 20402