FEDERAL REGISTER VOLUME 31 • NUMBER 55

Tuesday, March 22, 1966 • Washington, D.C. Pages 4767-4827

Agencies in this issue— Alien Property Office Army Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Education Office Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Health, Education, and Welfare Department Housing and Urban Development Department Interior Department International Commerce Bureau Interstate Commerce Commission Labor Department Labor Standards Bureau Land Management Bureau National Park Service Public Health Service Securities and Exchange Commission Social Security Administration Veterans Administration Detailed list of Contents appears inside. Just Released CODE OF FEDERAL REGULATIONS (As of January 1, 1966)

Title 7—Agriculture (Parts 1—45) (Revised) $1.25 Title 23—Highways (Revised) $0.25 Title 26—Internal Revenue (Parts 20-29) (pocket Supplement) $0.40 Title 26—Internal Revenue (Parts 300-499) (Pocket Supplement) $0.50 Title 31—Money and Finance: Treasury (Revised) $1.25

IA cumulative checklist of CFR issuances for 1966 appears in the first issue of the Federal Register each month under Title 11

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

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AGRICULTURE DEPARTMENT DEFENSE DEPARTMENT FOOD AND DRUG See Consumer and Marketing See Army Department.. ADMINISTRATION Service. Rules and Regulations EDUCATION OFFICE Color additives; grape skin ex­ ALIEN PROPERTY OFFICE Rules and Regulations tra ct.______4784 Notices Financial assistance for acquisi­ Food additives: Antioxidants and/or stabilizers Intention to return vested prop- tion of equipment to improve undergraduate instruction in for polymers______4785 erty: Potassium bromate------4785 Hoffman, Herta, et al------4809 institutions of higher learning— 4795 Jedlickova, Henriette, et al------4809 Notices FEDERAL AVIATION AGENCY Food additives; petitions: ARMY DEPARTMENT Rules and Regulations Ciba Pharmaceutical Co------4811 Elanco Products Co------4811 Rules and Regulations Airworthiness directive ; P i p e r FMC Corp...______4811 Model PA-24-400 airplanes----- 4771 Loan of Army/DSA owned prop­ Tenneco Chemicals, Inc.; with­ erty to recognized veterans’ or­ FEDERAL COMMUNICATIONS drawal______4811 ganizations for use at National Union Carbide Corp.; with­ and State conventions------4786 COMMISSION drawal______4811 Proposed Rule Making ATOMIC ENERGY COMMISSION HEALTH, EDUCATION, AND Table of assignments, television WELFARE DEPARTMENT broadcast stations______4807 Rules and Regulations See also Education Office; Food Procurement forms; miscellaneous Notices and Drug Administration; Pub­ amendments----- .------4788 Hearings, etc.: lic Health Service; Social Se­ Notices D. H. Overmyer Communica­ curity Administration. State of New Hampshire; pro­ tions Co. and Maxwell Elec- Notices posed agreement for assumption tronics Corp------4816 Certain designated officials; dele­ of certain AEC regulatory au­ Jupiter Associates, Inc., et al— 4815 gation of authority to certify Northern Indiana Broadcast­ thority______4811 copies of documents; amend­ ers, Inc______4815 ment------;------4811 CIVIL AERONAUTICS BOARD FEDERAL HOME LOAN HOUSING AND URBAN Rules and Regulations BANK BOARD DEVELOPMENT DEPARTMENT Inclusive tours by supplemental air carriers and tour operators. 4779 Proposed Rule Making Notices Terms, conditions, and limitations Compensation and bu dgets...___ 4808 Acting Director, Office of Trans­ of certificates to engage in sup- portation; designation------4814 plemental air transportation__ 4771 FEDERAL MARITIME Director, Division of Finance and COMMISSION Accounts, et al.; authority dele­ CIVIL SERVICE COMMISSION gation------4814 Notices Rules and Regulations City of New York and Grace Line, INTERIOR DEPARTMENT Excepted service; Health, Educa­ Inc.; agreement filed for ap­ See Fish and Wildlife Service; tion, and Welfare Department. 4771 proval______— 4816 Land Management Bureau; Na­ Notices tional Park Service. Professional engineers et al.; ad­ FEDERAL POWER COMMISSION Notices justment of minimum rates and Notices Authority delegations; Director, rate ranges; correction!______4815 Hearings, etc.: Bureau of Mines (2 documents) _ 4809, Ashland Oil & Refining Co. et 4810 COAST GUARD al.; correction______4821 INTERNATIONAL COMMERCE Rules and Regulations California Co. et al______4817 El Paso Natural Gas Co______4817 BUREAU Captain of the Port areas in Seventh District, and factory Lone Star Gas Co______4818 Rules and Regulations Marathon Oil Co. et al______4819 Exports to Southern Rhodesia__ 4783 inspections at Sebring, Ohio__ 4787 T. L. James & Co., Inc., et al___ 4817 INTERSTATE COMMERCE COMMERCE DEPARTMENT Texas Gas Transmission Corp_ 4820 Transwestem Pipeline Co. et a l. 4821 COMMISSION See International Commerce Bu­ West Penn Power Co------4821 reau. Rules and Regulations FEDERAL TRADE COMMISSION Railroad car service: CONSUMER AND MARKETING Rules and Regulations Demurrage on freight cars------4803 SERVICE Operating regulations for freight Administrative opinions and rul­ car movements______4802 Proposed Rule Making ings; use of descriptions “velvet” and “suede” for a flocked fabric. 4786 Notices Mushrooms; U.S. standards for Fourth section applications for re­ grades______4806 lief______4824 Notices FISH AND WILDLIFE SERVICE Lawrence, John V.; statement of Glen Edgar Livestock Commission Rules and Regulations changes in financial interests_ 4824 Co., Inc., et al.; changes in Hunting upland game; Necedah Motor carrier temporary author­ names of posted stockyards___ 4810 National Wildlife Refuge, Wis­ ity applications______4822 Onions; purchase program______4810 consin______4804 ( Continued on next page) 4769 4770 CONTENTS

JUSTICE DEPARTMENT Nevada: SECURITIES AND EXCHANGE Partial revocation of pre­ See Allen Property Office. vious order; Washoe proj­ COMMISSION ect______4794 Notices Withdrawal for aid of legis­ Wellington Fund, Inc.; filing of LABOR DEPARTMENT lation______4792 application______4821 See also Labor Standards Bureau. New Mexico; revocation of na­ tional forest administrative SOCIAL SECURITY Rules and Regulations sites and experimental range Occupational training for unem­ withdrawals______4793 ADMINISTRATION ployed persons ______4786 Washington; powersite modi­ Rules and Regulations fication, Columbia River, Wash______4794 Federal credit unions; insured loans to student members in eli­ LABOR STANDARDS BUREAU Proposed Rule Making gible higher education or voca­ Rules and Regulations Forest product disposals______4805 tional institutions______4801 Gear certification; criteria cover­ ing accreditation..______4786 NATIONAL PARK SERVICE TREASURY DEPARTMENT Notices See Coast Guard. LAND MANAGEMENT BUREAU Concession permits: VETERANS ADMINISTRATION Cape Hatteras National Sea­ Rules and Regulations shore____—______4809 Rules and Regulations Public land orders: Lehman Caves National Monu­ Adjudication: Alaska. ment______4809 Character of income; exclusions Partial revocation of previous and estates------4789 order and withdrawal for PUBLIC HEALTH SERVICE Payment of burial expenses of administrative site______4794 deceased veterans ______4790 Revocation of previous Rules and Regulations Reduction; readmission to hos­ orders______4793 Grants for student loans; phar­ pital______- 4790 Withdrawal for Bradley Lake macy and podiatry; practicing Veterans educational assistance; hydroelectric project_____ 4793 in shortage area______4791 accrued--,______. ______4790

. 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 29 CFR 1902 (revoked in part by PLO 3952)______4793 213____ 4771 20 ______4786 part by PLO 1505 _ __ — — ______4786 2715 (revoked in 3955)______4794 7 CFR 3950______4792 32 CFR ______4793 P roposed R ules : 3951______621______L ______4786 ____ 4793 51______4806 3952— ______3953______4793 33 CFR 3954______4794 12 CFR 3______—______4787 3955______4794 roposed u l e s 3956______4794 P R : 38 CFR 522______4808 P roposed R ules : 524______4808 3 (4 documents)______4789,4790 5400______— 4805 5430 ______— 4805 41 CFR 5440______4805 14 CFR 9 - 1 6 ______4788 39— ___ 4771 45 CFR 208_____ 4771 42 CFR _ 4795 378—___ 4779 171______57 ______4791 301 — — _____ 4801 15 CFR 43 CFR 47 CFR ublic and rders 384_____ 4783 P L O : P roposed R u l e s : 1120 (revoked in part by PLO 73______4807 16 CFR 3952)______2______4793 47RB 1173 (revoked by PLO 3956)______4794 15______49 CFR 1230 (revoked in part by PLO 95 (2 documents)______4802,4803 3952)______4793 21 CFR 1508 (revoked by PLO 3951)______4793 8______4784 1663 (revoked in part by PLO 50 CFR 121 (2 documents) 4785 3952)_—______4793 32______4804 4771

Rules and Regulations

§ 39.13 of Part 39 of the Federal Aviation authorizations issued under section 417 Title 5— ADMINISTRATIVE Regulations is amended by adding the of the Act and to interim certificates or following new airworthiness directive: authorizations issued pursuant to section PERSONNEL P iper. Applies to Model PA-24-400, Serial 7 of Public Law 87-528. Chapter I— Civil Service Commission Numbers 26-1 through 26-148, equipped In its decision in the domestic phase with fuel purge valve installation in ac­ of the Supplemental Air Service Proceed­ PART 213— EXCEPTED SERVICE cordance with Piper Service Letter No. ing, Docket 13795 et al., dated Mar. 11, 451, dated May 14, 1965. 1966, Order E-23350, the Board granted Department of Health, Education, Compliance required as indicated. certificates of public convenience and and Welfare To prevent deterioration of the fuel purge necessity to certain supplemental air car­ valve hose assembly due to heat in the en­ riers under section 401(d) (3) of the Act Section 213.3316 is amended to show gine compartment, accomplish the following: the exception under Schedule C of an to engage in supplemental air transpor­ (a) Before each flight after the effective tation with respect to persons and prop­ additional position of Assistant to the date of this AD until a modified hose assem­ Commissioner, Office of Education. E f­ bly is installed in accordance with paragraph erty between any point in any State of the United States or the District of Co­ fective on publication in the F ederal (b), inspect fuel purge valve hose assembly, lumbia, and any other point in any State R egister, subparagraph (16) is added P/N 17766-88 (Piper PA—24 Parts Catalog, to paragraph (c) of § 213.3316 as set out Figure 31 A), for deterioration, surface cracks, of the United States or the District of below. heat discoloration, hardness, or brittleness. Columbia for an indefinite period; 1 au­ Replace deteriorated, heat discolored, hard, thorized split charters; and provided that § 213.3316 Department of Health, Edu­ or brittle hose assemblies before further the authority granted would be subject cation, and Welfare. flight with hose assembly, P/N 25551-04, in accordance with Piper Service Letter No. 228, to appropriate terms, conditions, and • * * * dated January 7, 1966. limitations.* Consequently, we have de­ (c) Office of Education. * * * (b) Unless already accomplished, within termined to amend Part 208 to reflect (16) One Assistant to the Commis­ the next 10 hours’ time in service after the the authorization of split charters and sioner. effective date of this AD, replace fuel purge to set forth those terms, conditions, and valve hose assembly, P/N 17766-88, with hose limitations which also will govern the * * • . * * assembly, P/N 25551-04 in accordance with conduct of certificated supplemental air (R.S. 1753, sec. 2, 22 Stat. 403, as amended; Piper Service Letter No. 228, dated January 7, 1966. transportation (other than transatlantic 5 U.S.C. 631, 633; E.O. 10577, 19 P E . 7521, 3 supplemental air transportation and in­ CFR, 1954-1958 Oomp., p. 218) (c) The inspections and replacements re­ quired by this AD constitute preventive clusive tour charters). U nited S tates Civil S erv­ maintenance and may be performed by per­ The issue of the appropriate terms, ice Commission, sons authorized to perform preventive main­ conditions, and limitations which the [seal] M ary V. W enzel, tenance under Part 43. Board should adopt to govern certifi­ Note. For the requirements regarding the cated supplemental air transportation, Executive Assistant to listing of compliance and method of compli­ the Commissioners. ance with this AD in the airplane permanent was embraced by and litigated in this proceeding. Thus, the Board’s consoli­ [F.R. Doc. 66-3016; Filed, Mar. 21, 1966; maintenance record, see FAR 91.173. 8:51 a.m.] dation order (E-20573, Mar. 13, 1964) This amendment becomes effective indicated that the issues would include March 22, 1966. a determination of what limitations, if (Sec. 313(a), 601, and 603, Federal Aviation any, should be imposed by the Board to Act of 1958; 49 U.S.C. 1354(a), 1421, and assure that the service rendered pursuant Title 14— AERONAUTICS AND 1423) to any certificate to be issued would be SPACE Issued in Washington, D.C., on March limited to supplemental air transporta­ 16,1966. tion as defined in the Act. The examiner, Chapter I— Federal Aviation Agency after considering the evidence, conten­ C. W . W alker, [Docket No. 7213; Arndt. 39-214] Acting Director, tions, and briefs of the parties, attached Flight Standards Service. to his recommended decision (Appendix PART 39— AIRWORTHINESS F) a set of comprehensive regulations DIRECTIVES [F.R. Doc. 66-2953; Filed, Mar. 21, 1966; which he recommended that the Board 8:45 ajn.] adopt to implement the decision, includ­ Piper Model PA—24-400 Airplanes ing a revised Part 208 setting forth the terms, conditions, and limitations for the There has been premature deteriora­ Chapter II— Civil Aeronautics Board tion of the fuel purge valve hose assembly conduct of certificated supplemental air due to heat in the engine compartment SUBCHAPTER A— ECONOMIC REGULATIONS transportation. We have considered the examiner’s proposed regulations and the on Piper Model PA-24-400 airplanes. [Reg. No. ER-454] Since this condition is likely to exist or evidence of record and have determined develop in certain other airplanes of the PART 208— TERMS, CONDITIONS to adopt most? of his recommendations same type design, an airworthiness di­ AND LIM ITATIONS OF CERTIFI­ (with the exception of those provisions rective is being issued to require replace­ CATES TO ENGAGE IN SUPPLE­ pertaining to inclusive tour charter au­ ment of the fuel purge valve hose as­ MENTAL AIR TRANSPORTATION thority which we are issuing as a sepa­ sembly with a shielded hose assembly rate regulation). This revised Part 208 on the subject airplanes. Adopted by the Civil Aeronautics Board will bring together in one regulation all Since a situation exists which requires at its office in Washington, D.C., on the ioimediate adoption of this regulation, 11th day of March 1966. it is found that notice and public pro­ Present Part 208, as amended, contains 1 Except with respect to the authorization cedure hereon are impracticable and principally various terms, conditions, and to operate inclusive tour charters which is for 5 years. good cause exists for making this amend­ limitations on the operating authority of 2 The authority to operate inclusive tour ment effective in less than 30 days. supplemental air carriers. Such terms, charters is subject to the terms, conditions, In consideration of the foregoing, and conditions, and limitations attach to cer­ and limitations set forth in new Part 378 pursuant to the authority delegated to tificates issued pursuant to section 401 issued concurrently with Board Order E - me by the Administrator (25 F.R. 6489), (d)(3) of the Act, to special operating 23350, dated Mar. 11,1966.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4772 RULES AND REGULATIONS of the terms, conditions, and limitations Sec. issued pursuant to section 7 of Public which we deem appropriate to govern 208.201 Pretrip notification. 208.202 Agent’s commission. Law 87-528. supplemental air transportation. Al­ (c) “Supplemental air transportation” though the regulation we are issuing as R equirements R elating to T ravel Agents (other than operations subject to Part a part of Board Order E-23350 differs to 208.203 Prohibition against double com­ 295 of this subchapter) means charter some extent from that proposed by the pensation. flights in air transportation performed examiner, the differences are largely a 208.204 Statement of supporting informa­ pursuant to (1) an interim certificate or matter of form.® Moreover, the provi­ tion. authorization issued under section 7 of sions of this revised Part 208 are, for R equirements R elating to th e Chartering Public Law 87-528, or (2) a certificate of the most part, reflected in existing Part Organization public convenience and necessity issued 208, in the interim certificates of the under section 401(d) (3) of the Act au­ supplemental air carriers and, with ap­ 208.210 Solicitation of charter participants. 208.211 Passengers on charter flights. thorizing the holder to engage in supple­ propriate adaptations and modifications, 208.212 Participation of immediate fami­ mental air transportation of persons and in existing Part 295, the regulation which lies in charter flights. property between any point in any State pertains to transatlantic supplemental 208.213 Charter costs. of the United States or the District of air transportation. 208.214 Statements of charges. Columbia, and any other point in any In addition, the provisions of revised 208.215 Passenger manifests. State of the United States or the District Part 208 were the subject of intensive 208.216 Statement of supporting informa­ tion. of Columbia (exclusive of air transporta­ examination and argument by the par­ tion within the State of Alaska). ties. The interested parties have, there­ Subpart D— Provisions Relating to Single Entity (d) “Agreement” means any oral or fore, been afforded a full opportunity to Charters written agreement, contract, under­ comment on the substance of this rule 208.300 AppllcabUity of subpart. standing, or arrangement, and any in the above-described proceeding. 208.301 Tariffs to be on file. amendment, revision, modification, re­ In view of the foregoing, the Board 208.302 Terms of service. newal, extension, cancellation, or termi­ finds that further notice and public pro­ 208.303 Commissions paid to travel agents. nation thereof. cedure hereon are unnecessary and not (e) “Cargo agent” means any per­ in the public interest. Accordingly, the Subpart E— Provisions Relating to Mixed Charters 208.400 Applicable rules. son (other than a supplemental air car­ Civil Aeronautics Board hereby reissues rier or one of its bona fide regular em­ Part 208 of the Economic Regulations (14 Authority : The provisions of this Part 208 ployees or an indirect air carrier lawfully CPR Part 208), effective May 13,1966, as Issued under sec. 204(a), 72 Stat.' 743; 48 engaged in air transportation under au­ follows: U.S.C. 1324. Interpret or apply secs. 401(d) (3), 401 (n ), 407, and 417 of the Federal Avia­ thority conferred by any applicable part Subpart A— General Provisions of the economic regulations of the Board) Sec. tion Act, 76 Stat. 143; 49 U.S.C. 1371(d)(3); 76 Stat. 144; 49 U.S.C. 1371(h); 72 Stat. 766; who for compensation or profit (1) soli­ 208.1 Applicability. 49 U.S.C. 1377; 76 Stat. 145; 49 U.S.C. 1387; cits, obtains, receives, or furnishes 208.2 Separability. 208.3 Definitions. and sec. 7 of Public Law 87-528, 76 Stat. 146. directly or indirectly, property or consolidated shipments of property for 208.3a Waiver. Subpart A— General Provisions 208.4 Passenger names and addresses. transportation upon the aircraft of sup­ § 208.1 Applicability. plemental air carriers; or (2) procures or Liability I nsurance R equirements arranges for air transportation of prop­ 208.10 Applicability of liabUity insurance This part contains terms, conditions erty or consolidated shipments of prop­ requirements. and limitations on the operating author­ erty upon aircraft of a supplemental air 208.11 Minimum limits of liability. ity of supplemental air carriers, includ­ carrier by charter, lease, or any other 208.12 Terms and conditions of insurance ing substantive regulations implement­ coverage. arrangement. ing paragraphs (1), (2), (3) of section (f) [Reserved.] 208.13 Authorized exclusions of liability. 401 (n) of the Act. The requirements of 208.14 Piling of certificates, endorse­ (g) “Ticket agent” means any per­ ments, and notices. this part shall constitute terms, condi­ son (other than a supplemental air car­ 208.15 Compliance. tions, and limitations attached to certifi­ rier or one of its bona fide regular em­ cates issued pursuant to section 401(d) Min im u m Extent of S ervice ployees) who for compensation or profit (3) of the Act. The requirements shall (1) solicits, obtains, receives, or fur­ 208.25 Minimum service requirements. also attach to special operating authori­ nishes directly or indirectly, passengers Operations and T ariffs zations issued under section 417 of the or groups of passengers for transporta­ Act, and to interim certificates or author­ tion upon the aircraft of a supplemental 208.30 Prohibited advertising. izations issued pursuant to section 7 of 208.31 Prohibited control of a supple­ air carrier; or (2) procures or «ranges mental air carrier. Public Law 87-528. for air transportation of passengers or 208.31a Written agreements with ticket § 208.2 Separability. groups of passengers upon aircraft of a agents. supplemental air carrier by charter, 208.32 Tariffs and terms of service. If any provision of this part or the lease, or any other arrangement. 208.33 Flight delays and substitute air application thereof to any air transpor­ (h) “Pro rata charter” means a char­ transportation. tation, person, class of persons, or cir­ 208.33a Substitution or subcontracting. ter, the cost of which is divided among cumstance is held invalid, neither the the passengers transported. 208.34, Records and record retention. remainder of the part nor the application 208.35" Payments, gratuities, and dona­ of such provision to other air transporta­ (i) “Single entity charter” means a tions. tion, persons, classes of persons, or cir­ charter, the cost of which is borne by the Subpart B— Provisions Relating to Military cumstances shall be affected thereby. charterer and not by individual passen­ Charters gers, directly or indirectly. § 208.3 Definitions. (j) “Mixed charter” means a charter, 208.100 Applicability of subpart. the cost of which is borne, or pursuant 208.101 Minimum rates and compensation For the purposes of this part: for air transportation performed (a) “Filing” shall mean filing in com­ to contract may be borne, partly by the for the military establishment. pliance with § 302.3(a) of this chapter charter participants and partly by the 208.102 Substitute service. except that provisions in this part which charterer. require filing with Board offices other (k) “Person” means any individual, Subpart C— Provisions Relating to Pro Rata firm, association, partnership, or corpo­ Charters than the Docket Section shall be con­ trolling. ration. 208.200 Applicability of subpart. (b) “Supplemental air carrier” shall (l) “Travel agent” means any person R equirements R elating to Air Carriers mean air carrier holding a certificate engaged in the formation of groups for transportation or in the solicitation or 208.200a Solicitation and formation of a issued under section 401(d)(3) of the chartering group. Federal Aviation Act of 1958, as amended, sale of transportation services. or a special operating authorization is­ (m) “Charter group” means that body 8 See p. 28 of the Board’s opinion which sued under section 417 of the Federal of individuals who shall actually par­ discusses the Instant Part 208 revision. Aviation Act, or operating authority ticipate in the charter flight.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4773

(n) “Charter organization” means that offered for the Board’s consideration by (2) A supplemental air carrier may organization, group, or other entity from request for waiver. utilize any unused space for the trans­ whose members (and their immediate (r) Reserved. portation of the carrier’s own personnel families) a charter group is derived. (s) “Charter flight” (other than and property, with the consent of the (o) “Immediate family” means only transportation pursuant to authority, charterer or charterers. the following persons who are living in conferred under section 7 of Public Law (t) “Substitute service” means the the household of a member of a charter 87-528) means— performance by an air carrier of air organization, namely, the spouse, de­ (1) Air transportation of persons transportation between the 48 contiguous pendent children, and parents, of such and/or property pursuant to contracts States, on the one hand, and the State of member. with the Department of Defense where Alaska or Hawaii, on the other hand, in (p) “Solicitation of the general pub­ the entire capacity of one or more air­ planeload lots pursuant to an agreement lic” means: craft has been engaged by the Depart­ with another air carrier to fulfill such (1)A solicitation going beyond the ment, and other air carrier's contractual obligation bona fide members of an organization (2) Air transportation performed by to perform such air transportation for (and their immediate families). This a direct air carrier on a time, mileage or the Department of Defense and when the includes air transportation services of­ trip basis where— performance of such air transportation fered by an air carrier under circum­ (i) The entire capacity of one or more is not to take place during a period stances in which the services are adver­ aircraft has been engaged for the move­ longer than three weeks. tised in mass media, whether or not the ment of persons and property— (u) “Indirect air carrier” means any advertisement is addressed to members (a) By a person for his own use (in­ citizen of the United States who engages of a specific organization, and regardless cluding a direct air carrier when such indirectly in air transportation including of who places or pays for the advertising. aircraft is engaged solely for the trans­ airfreight forwarders and tour operators. portation of company personnel or com­ Mass media shall be deemed to include § 208.3a Waiver. radio and television, and newspapers and pany property, or in cases of emergency, magazines. Advertising in such media of commercial traffic); A waiver of any of the provisions of as newsletters or periodicals of member­ (b) By a person (no part of whose this part may be granted by the Board ship organizations, industrial plant business is the formation of groups or upon the submission by an air carrier of newsletters, college radio stations, and the consolidation of shipments for trans­ a written request therefor not less than college newspapers shall not be consid­ portation or the solicitation or. sale of 30 days prior to the flight to which it re­ ered advertising in mass media to the transportation services) for the trans­ lates provided such a waiver is in the extent that portation of a group of persons and/or public interest and it appears to the (1) The advertising is placed in a their property, as agent or representa­ Board that special or unusual circum­ medium of communication circulated tive of such group; stances warrant a departure from the mainly to members of an organization (c) By two or more persons acting provisions set forth herein. that would be eligible to obtain charter jointly for the transportation of them­ § 208.4 Passenger names and addresses. service, and selves and/or their property or a group (ii) The advertising states that the of persons and/or their property; Each supplemental air carrier shall charter is open only to members of the (d) By an indirect air carrier author­ maintain a record of the names and ad­ organization referred to in subdivision ized by the Board to charter aircraft dresses of all passengers transported by (1) of this subparagraph, or only to mem­ from such direct air carrier (see e.g., it on each pro rata charter trip operated bers of a subgroup thereof. In this con­ Part 378 of this chapter); or in interstate or overseas air transporta­ text, a subgroup shall be any group with (ii) Less than the entire capacity of tion. Such record shall be retained in membership drawn primarily from an aircraft has been engaged for the accordance with Part 249 except that it members of the organization referred to movement of persons and their personal may be maintained at either the princi­ in subdivision (i) of this subparagraph: baggage— pal office or principal operations base of Provided, That this paragraph shall not (a) By a person for his own use (in­ the carrier. be construed as prohibiting air carrier cluding a direct air carrier when such L ia bility I nsurance) R equirements advertising which offers charter services aircraft is engaged solely for the trans­ to bona fide organizations, without ref­ portation of company personnel and their § 208.10 Applicability of liability insur­ erence to a particular organization or personal baggage, or in cases of emer­ ance requirements. flight.- gency, of commercial passenger traffic); (a) No supplemental air carrier shall (2) The solicitation, without limita­ (b) By a person (no part of whose engage in air transportation unless such tion, of the members of an organization business is the formation of groups or carrier has and maintains in effect lia­ so constituted as to ease of admission to the consolidation of shipments for trans­ bility insurance coverage evidenced by a membership, and nature of membership, portation or the solicitation or sale of currently effective certificate of liability as to be in substance more in the nature transportation services) for the trans­ insurance filed with and accepted by the of a segment of the public than a private portation of a group of persons and their Board as complying with the require­ entity. personal baggage, as agent or representa­ ments of this part; and no supplemental (q) “Bona fide members” means those tive of such group; carrier shall operate in air transporta­ members of a charter organization who (c) By two or more persons acting tion any aircraft, or perform services have not joined the organization merely jointly for the transportation of them­ within any geographical area, to which to participate in the charter as the result selves and their personal baggage or a such insurance does not apply. “Insur­ of solicitation directed to the general group of persons and their personal ance certificate,” as used herein, means Public. Presumptively persons are not baggage; one or more than one certificate, evi­ bona fide members of a charter organi­ Provided That, with respect to subdivi­ dencing one or more than one policy of zation unless they are members at the sion (ii), a maximum of three groups aircraft liability insurance properly en­ time the organization first gives notice may be chartered on one aircraft and dorsed, issued by one or more than one tp its members of firm charter plans. each group shall consist of 40 or more insurer, which alone or in combination This presumption will not be applicable passengers; and Provided, further, That provides the minimum coverage pre­ u* the case of charters composed of (D subdivision (ii) shall not be construed to scribed in § 208.11. When more than one students and educational staff of a single apply to movements of property and insurer is involved in providing the school, and immediate families thereof, shall not be construed to apply to the minimum coverage prescribed herein, (2) employees of a single Government charter of less than the entire capacity the limits and types of liability assumed by each insurer shall be clearly stated in ^ency, industrial plant, or mercantile of an aircraft by an indirect air carrier. the certificate of insurance. establishment, and immediate families (D In the case of air carriers author­ ized pursuant to section 7 of Public Law (b) The insurance coverage and cer­ thereof, or (3) participants in a study 87-528, the term “charter flights” means tificate required by this part shall be sroup. in the case of all other charters, charter trips as defined in such carriers’ obtained from a reputable and financially rebuttal to this presumption may be interim certificates or authorizations. responsible insurance company or asso-

FEDERAL REGISTER, V O I. 31, NO. 55— TUESDAY, MARCH 22, 1966 4774 RULES AND REGULATIONS elation which is legally authorized to is­ sions set forth in § 208.13, or such other insurrection, rebellion, revolution, civil sue aircraft liability policies in one or exclusions as may be individually ap­ war, or usurped power, including any ac­ more States of the United States or in proved by the Board. Cancellation of tion in hindering, combating, or defend­ the District of Columbia. an approved policy shall be effected only ing against such an occurrence; or con­ fiscation by any government or public § 2 0 8 .1 1 Minimum limits of liability. upon written notice to the Board, in ac­ cordance with § 208.14(d). authority. The minimum limits of liability insur­ (e) Except for the geographical exclu­ (g) Any loss arising from operations ance coveragp maintained by a supple­ sions authorized in § 208.13 (g) and (h ), by the Named Insured within any coun­ mental air carrier shall be as follows: the coverage shall be worldwide. For try of the Sino-Soviet bloc or Cuba: (a) Liability for bodily injury to or good cause shown, however, the Board Provided, That a loss caused by mere death of aircraft passengers: A limit for may waive this requirement or amend misadventure in flying over or landing in any one passenger of at least fifty thou­ the certificate or other operating author­ such territory shall not be excluded. The sand dollars ($50,000), and a limit for ity to describe the geographical areas “Sino-Soviet bloc” is defined to include each occurrence in any one aircraft of actually served by the supplemental air Lithuania, Latvia, Estonia, Czechoslo­ at least an amount equal to the sum carrier. Authority for any general re­ vakia, Bulgaria, Rumania, Hungary, Po­ produced by multiplying fifty thousand striction (e.g., North American conti­ land, Albania, East Germany (Soviet dollars ,($50,000) by seventy-five percent nent, Western Hemisphere, etc.) shall zone of Germany and Soviet sector of (75%) of the total number of passenger be recited in any endorsement containing Berlin), Communist China, North Korea, seats installed in the aircraft. a general restriction. North Vietnam, Outer Mongolia, and the (b) Liability for bodily injury to or Union of Soviet Socialist Republics; death of persons (excluding passengers): § 208.13 Authorized exclusions of lia­ bility. (h) Any loss arising from operations A limit of at least fifty thousand dollars by the Named Insured to or from in­ ($50,000) for any one person in any one Unless other exclusions are indi­ stallations of the Distant Early Warning occurrence, and a limit of at least five vidually approved by the Board, no pol­ System (DEW line) or the Ballistic Mis­ hundred thousand dollars ($500,000) for icy or certificate of insurance required sile Early Warning System (BMEWS). each occurrence. by this part shall contain any exclusion (c) Liability for loss of or damage to other than the following authorized § 208.14 Filing of certificates, endorse­ property: A limit of at least five hundred exclusions: ments, and notices. thousand dollars ($500,000) for each The insurance afforded under this pol­ (a) Certificates of insurance, endorse­ occurrence. icy shall not apply to: ments, and notices of cancellation shall (a) Any loss against which the Named be filed in duplicate on forms prescribed § 208.12 Terms and conditions of insur­ ance coverage. Insured has other valid and collectible and furnished by the Board. All docu­ insurance, except that the limits of lia­ ments shall be signed in ink by an au­ With respect to insurance required by bility provided under this policy shall be thorized officer or agent of the insurer; this part: excess of the limits provided by such no facsimile signatures will be accepted. (a) Insurance contracts shall provide other valid and collectible insurance up No te: CAB Forms 606, 607, 608, and 609 are for payment by the insurer on behalf of to the limits certified in a Certificate of available, upon request, from the Publica­ the insured supplemental air carrier, Insurance issued to the Civil Aeronautics tions Section, Civil Aeronautics Board, Wash­ within the specified limits of liability, of Board in Washington, D.C., but in no ington, D.C., 20428. all sums which the insured carrier shall event exceeding the limits of liability (b) Endorsements that add previously become legally obligated to pay as dam­ expressed elsewhere in this policy; ages for bodily injury to or death of any (b) Any loss arising from the owner­ unlisted aircraft to coverage or that person, or for loss of or damage to prop­ delete listed aircraft from coverage shall ship, maintenance, or use of any aircraft be filed with the Board not more than erty of others, resulting from the negli­ not declared to the Insurer in accord­ gent operation, maintenance or use of five (5) days after the effective date of ance with the terms and conditions of such endorsement: Provided, however, aircraft in air transportation by the in­ this policy; sured carrier. That aircraft shall not be listed in the (c) Liability assumed by the Named carrier’s operations specifications with (b) The liability of the insurer shall Insured under any contract or agree­ apply to all operations by the insured the Federal Aviation Agency and shall ment, unless such liability would have not be operated unless liability insurance carrier in air transportation. The lia­ attached to the Insured even in the ab­ bility of the insurer shall not be subject sence of such contract or agreement; coverage has attached. to any exclusion by virtue of violations, (c) A supplemental carrier which in­ (d) Bodily injury, sickness, disease, tends to operate a charter flight to or by the insured carrier, of any applicable mental anguish, or death of any em­ safety or economic provision of the Fed­ from a country of the Sino-Soviet bloc or ployee of the Named Insured while en­ Cuba or to or from a DEW line or eral Aviation Act of 1958, as amended, or gaged in the duties of his employment, Public Law 87-528; or of any applicable BMEWS installation and whose ap­ or any obligation for which the Named proved insurance coverage excludes op­ safety or economic rule, regulation, Insured or any company as his Insurer order, or other legally imposed require­ erations within such areas shall file an may be held liable under any workmen’s endorsement waiving the applicable ex­ ment prescribed thereunder by the Fed­ compensation or occupational disease eral Aviation Agency or the Civil Aero­ clusion, or a separate certificate of in­ law; surance expressly applicable to such nautics Board, respectively. (e) Loss of or damage to property (c) The liability of the insurer shall owned, rented, occupied, or used by, or flight, at least 30 days before the pro­ not be contingent upon the financial con­ in the care, custody, or control of the posed flight date, unless the Board finds dition, solvency, or freedom from bank­ Named Insured, or carried in or on any that waiver of this requirement is in ruptcy of the insured. The limits of the aircraft with respect to which the insur­ the public interest. insurer’s liability for the amounts pre­ ance afforded by this policy applies; (d) Certificates of insurance approved scribed herein shall apply separately to (f) Personal injuries or death, or dam­ by the Board shall not be canceled by the each occurrence, and any payment made age to or destruction of property, caused insurer upon less than thirty (30) days under the policy because of any one oc­ directly or indirectly, by hostile or war­ notice to the Board and the insured car­ currence shall not reduce the liability of like action, including action in hindering, rier by registered mail. An insured car­ the insurer for payment of other dam­ combating, or defending against an ac­ ages resulting from any other occur­ rier shall not cancel an approved cer­ tual impending or expected attack by any tificate during the effectiveness of any rence. government or sovereign power, de jure (d) Within the limits of liability or de facto, or military, naval, or air operating authorziation from the Board herein prescribed, the insurer shall not forces, or by an agent of such govern­ unless the notice of cancellation is ac­ be relieved from liability by any condi­ ment, power, authority, or forces; the companied by a replacement certificate tion in the policy or any endorsement discharge, explosion, or use of any weap­ of insurance, complying in all respects thereon, or violation thereof by the in­ on of war employing atomic fission or with this part and effective upon the sured air carrier, other than the exclu- atomic fusion, or radio-active materials; date of cancellation of the approved cer-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4775 tiflcate and policy, or by a notice that wise, to any person who controlled, or carrier shall refund to the charterer any the carrier has ceased operations. participated in control of, as a partner, sum charged for ferry mileage which is (e) If any certificate of insurance, en­ officer, or director, any air carrier there­ not in fact flown in the performance of dorsement, notice of cancellation, or tofore found by the Board to have com­ the charter: Provided, That the carrier other document relating to liability in­ mitted knowing and willful violations of shall not charge the charterer for ferry surance required to be filed with the the Civil Aeronautics Act of 1938, as mileage flown in addition to that stated Board does not comply with these regula­ amended, the Federal Aviation Act of in the contract unless such mileage is tions, the Board will notify the air car­ 1958, or any order, rule, or regulation flown for the convenience of and at the rier and the insurer by registered mail, issued pursuant to said Acts during the express direction of the charterer. or by telegram, stating the deficiencies. period such person controlled or par­ (c) Reserved. J f the carrier is not notified of objec­ ticipated in the control of said air car­ (d) Each and every contract for a tions by the Board within 20 days after rier. Any such application may be ap­ charter to be operated hereunder shall filing of any document, such document proved by the Board with or without incorporate the provisions of §§208.10 shall be deemed approved by the Board hearing. No such application shall be through 208.15, inclusive, and §§ 208.33 as complying with the requirements of denied unless the Board finds, after no­ and 208.33a, where applicable, concern­ this part, but such approval may be re­ tice to said supplemental air carrier and ing insurance and substitute transporta­ scinded by the Board upon reasonable the parties to the proposed transfer, and tion. notice. after opportunity for hearing, that, in (e) The carrier shall require full pay­ (f) All documents required to be filed the event the proposed transfer is con­ ment of the total charter price or the with respect to liability insurance shall summated, said supplemental air carrier posting of a satisfactory bond for full be filed with the Civil Aeronautics Board, will thereby be rendered unfit, unwilling, payment prior to the commencement of Attention of Bureau of Accounts and Sta­ or unable to conform to the provisions of the air transportation. tistics, B-42b, Washington, D.C., 20428. the Federal Aviation Act of 1958, and the (f) In the case of a round-trip pas­ rules, regulations, and requirements of senger charter, one-way passengers shall § 208.15 Compliance. the Board thereunder. For the purposes not be carried except that up to 5 per­ In addition to all other applicable of this section, a transfer of 20 percent cent of the charter group may be trans­ sanctions provided by law or the regu­ or more of the voting stock of the sup­ ported one way in each direction. This lations of the Board, operation in air plemental air carrier shall be deemed to provision shall not be construed as per­ transportation of any aircraft, or per­ constitute prima facie evidence of a mitting knowing participation in any formance of services within any geo­ transfer of control so as to require the plan whereby each leg of a round trip is graphical area, to which Board-approved filing of an appropriate application with chartered separately in order to avoid liability insurance does not apply shall the Board. the 5 percent limitation aforesaid. In be cause for immediate suspension of all the case of a charter contract calling for § 208.31a Written agreements with ticket two or more round trips, there shall be operating authority, pursuant to section agents. 401 (n) (5) of the Act and Subpart J of no intermingling of passengers and each Part 302 of this chapter. Each agreement between a supple­ planeload or each plane-load group shall mental air carrier and any ticket or move as a unit in both directions. Minimum E xtent of S ervice cargo agent shall be reduced to writing § 208.33 Flight delays and substitute air § 208.25 Minimum service requirements. and signed by all the parties thereto, if transportation. it relates to any of the following sub­ Each supplemental air carrier shall jects: Supplemental air carriers shall as­ perform services authorized by its cer­ (a) The furnishing of persons or sume, and publish as part of the rules tificate or authority to engage in supple­ property for transportation; and regulations of their tariffs applicable mental air transportation for at least (b) The arranging for flights for the to passenger service in interstate and 500 hours of revenue flight in any two accommodation of persons or property; overseas air transportation, the follow­ consecutive calendar quarters. Failure (c) The solicitation or generation of ing obligations without prejudice, and to perform such minimum services will passenger or cargo traffic to be trans­ in addition, to any other rights or reme­ be deemed to constitute a prima facie ported; dies of passengers under applicable law: case for suspension of the carrier’s op­ (d) The charter or lease of aircraft. (a) In case of flight delays of more erating authority pursuant to the pro­ than 6 hours beyond the departure time visions of section 401 (n) (5) of the Act: § 208.32 Tariffs and terms of service. stated in the charter contract or 4 hours Provided, That the carrier may, within 15 (a) No air carrier shall perform any beyond the time of departure stated on days after the end of the two consecu­ supplemental air transportation unless an individual flight ticket, the carrier, tive calendar quarters in which such such air carrier shall have on file with upon request and at the passenger’s or failure occurred, show unusual circum­ the Board, pursuant to Part 221 of this charterer’s option (or in case of the en­ stances constituting good cause why its chapter, a currently effective tariff show­ gagement by one charterer of less than operating authority should not be sus­ ing all rates, fares, and charges for the the capacity of an aircraft, at the option pended. use of the entire capacity or less than the of any one charterer), must provide Operations and T ariffs entire capacity (as defined in § 208.3 (s )) alternative air transportation at no addi­ of one or more aircraft in such supple­ tional cost to the passenger or charterer, § 208.30 Prohibited advertising. mental air transportation and showing or immediately refund the full value of (a) No supplemental air carrier shall all rules, regulations, practices, and serv­ the unused ticket or the unperformed advertise its services or hold itself out to ices in connection with such supple­ charter contract. the public as an air carrier authorized mental air transportation, including (b) In case of additional flight delays to engage in air transportation unless it eligibility requirements for c h a r t e r en route exceeding 6 hours for charter includes the words “supplemental air groups not inconsistent with those estab­ flights or 2 hours for individually ticketed carrier” in such advertising. lished in this part. flights, the carrier must, upon request (b) No supplemental air carrier shall (b) The total charter price and other and at the passenger’s or charterer’s op­ conduct business in any name other than terms of service rendered pursuant to tion (or in case of the engagement by that set forth in its certificate, except as this part shall conform to those set forth one charterer of less than the capacity of expressly authorized by the Board. in the applicable tariff on file with the an aircraft, at the option of any one char­ Board and in force at the time of the re­ terer), furnish alternative transporta­ § 208.31 Prohibited control of a supple­ tion to the specified destination, or im­ mental air carrier. spective charter flight and the contract must be for the entire capacity or for less mediately refund the full value of unper­ Control of a supplemental air carrier than the entire capacity (as defined in formed transportation. The en route shall not, without prior application to § 208.3 (s)) of one or more aircraft. delays shall be calculated without in­ and approval by the Board, be trans­ Where a carrier’s charter charge com­ clusion of any delay at departure but all ferred, directly or indirectly, by assign­ puted according to a mileage tariff in­ additional delays at intermediate stops ment, transfer of voting stock, or other­ cludes a charge for ferry mileage, the en route shall be added up in determin-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 51 -2 4776 RULES AND REGULATIONS ing whether the limit of delay has been icate of public convenience and necessity § 208.202 Agent’s commission. reached. issued under sec. 401(d)(3) of the Act, The carrier shall not pay its agent a (c) In case of flight cancellations or insofar as it encompasses the right to commission or any other benefits, directly flight delays, refunds shall be paid im­ provide air transportation pursuant to or indirectly, in excess of 5 percent of the mediately upon presentation of an un­ contract with the military establishment total charter price as set forth in the used flight coupon or upon demand of of the United States or any branch carrier’s charter tariff on file with the the charterer or his representative (or in thereof in foreign and overseas air trans­ Board, or more than the commission re­ case of the engagement by one charterer portation, and air transportation be­ lated to charter flights paid to an agent of less than the capacity of an aircraft, tween the 48 contiguous States on the by a carrier certificated to render regular upon demand of any one charterer or his one hand and the States of Alaska and service on the same route, whichever is representative) to the air carrier or its Hawaii on the other hand, shall be sub­ greater. The carrier shall not pay any agent. ject to the condition that the rate or commission whatsoever to an agent if (d) The rules and regulations in the compensation received by the carrier the agent receives a commission from carrier’s tariffs governing immediate re­ for any such air transportation is not the charterer for the same service. funds or alternative transportation may less than that set forth in § 288.7 of provide for an exception in case of un­ this chapter, irrespective of whether R equirements R elating to T ravel avoidable delays due solely to weather. such contract falls within the definition Agents of Short notice MATS charter service § 208.33a Substitution or subcontract­ § 208.203 Prohibition a g a in s t double contained in § 288.1 of this chapter. compensation. ing. § 208.102 Substitute service. Supplemental air carriers may subcon­ A travel agent may not receive a com­ tract the performance of services which Supplemental air carriers are author­ mission from both the direct air carrier they have contracted to perform only to ized to provide “substitute service” as and the charterer for the same service. air carriers authorized' by the Board to defined in this part, subject to the provi­ § 208.204 Statement of supporting in­ perform such services. sions of Part 288 of this chapter. formation. § 208.34 Records and record retention. Subpart C— Provisions Relating to Travel agents shall execute, and fur­ Pro Rata Charters nish to air carriers, Section A of Part II (a) Prior to performing any supple­ of the Statement of Supporting Informa­ mental air transportation pursuant to § 208.200 Applicability of subpart. tion attached hereto and made a part this part, the carrier shall execute, and This subpart sets forth the special hereof, at such time prior to flight as require the travel agent (if any) and rules applicable to pro rata charters, required by the carrier to afford it due charterer to execute, the form “State­ other than those subject to Part 295 of time for review thereof. ment of Supporting Information” at­ this subchapter. tached hereto and made a part hereof. R equirements R elating To the (b) Each air carrier operating pur­ R equirements R elating to Air C arriers Chartering Organization suant to this part shall comply with the § 208.200a Solicitation and formation § 208.210 Solicitation of charter partici­ applicable record-retention provisions of a chartering group. pants. of Part 249 of this chapter, as amended. (a) A carrier shall not engage, di­ As the following terms are defined in § 208.35 Payments, gratuities, and do­ rectly or indirectly, in any solicitation of § 208.3, members of the charter group nations.' individuals (through personal contact, may be solicited only from among the (a) Neither a carrier nor a travel advertising, or otherwise) as distin­ bona fide members of an organization, agent shall make any payments or ex­ guished from the solicitation of an or­ club, or other entity, and their immediate tend gratuities of any kind, directly or ganization for a charter trip. families, and may not be brought to­ indirectly, to any member of a charter­ (b) A carrier shall not employ, di­ gether by means of a solicitation of the ing organization in relation either to air rectly or indirectly, any person for the general public. Solicitation of, as well transportation or land tours or other­ purpose of organizing and assembling as participation by, members of an orga­ wise. members of any organization, club, or nization with respect to charter flights (b) Neither a carrier nor a travel other entity into a group to make-the shall extend only to the organization, or agent shall make any donation to a char­ charter flight. the particular chapter or unit thereof, which signs the charter agreement with tering organization or an individual char­ § 208.201 Pretrip notification. ter participant. the air carrier as the charterer. (c) Nothing in this section shall pre­ Upon a charter flight date being re­ §.208.211 Passengers on charter flights. clude a carrier from paying a commission served by the carrier or its agent, the (within the limits of § 208.202) to a carrier shall provide the prospective Only bona fide members of the char­ member of a chartering organization if charterer with a copy of this Part 208/ terer, and their immediate families (ex­ such member is its agent, or restrict a The charter contract shall include a cept as provided in § 208.212), may par­ carrier or a travel agent from offering to provision that the charterer, and any ticipate as passengers on a charter flight. each member of the charter group such agent thereof, shall only act with regard The charterer must maintain a central advertising and good will items as are to the charter in a manner consistent membership list, available for inspection customarily extended to individually with this part and that the charterer by the carrier or Board representative, ticketed passengers (e.g., canvas travel­ shall within due time submit to the which shows the date each person be­ ing bag or a money exchange computer). carrier such informaion as specified in came a member.® Solicitation of, as well §§ 208.214 and 208.215 and submit to as participation by, members of an orga­ Subpart B— Provisions Relating to each charter participant the information nization with respect to charter flights Military Charters identified in § 208.214. The carrier shall shall extend only to the organization, or also require that the charterer and any the particular chapter or unit thereof, § 208.100 Applicability of subpart. travel agent involved shall furnish it in which signs the charter agreement with due time for review before flight the in­ the air carrier as the charter. Where This subpart sets forth the special formation required in §§ 208.216 and the charterer is engaging in round-trip rules applicable to military charters. 208.204, respectively. transportation, one-way passengers shall § 208.101 Minimum rates and compen­ not participate in the charter flight ex­ sation for air transportation per­ 4 Copies of this part are available by pur­ cept as provided in § 208.32(f). When formed for the military establish* chase from, the Superintendent of Docu­ more than one round trip is contracted ment. ments, Washington, D.C., 20402. Single copies will be furnished without charge oh , 5 Where the charter is based on. employ­ The authority conferred upon a sup­ written request to the Publications Section, ment in one entity or student status at a plemental air carrier pursuant to section Civil Aeronautics Board, Washington, D.C., college, records of the corporation, agency, 7 of Public Law 87-528, and/or a certif- 20428. or college will suffice to meet the requirement.

FEDERAL REGISTER, VOL. 31, NO. 55—-TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4777

for, intermingling between flights or re­ § 208.214 Statements of charges. attached list (1) was a bona fide member of forming of plane-load or less than plane­ the chartering organization at the time the load charter groups shall not be per­ (a) Any announcements or state­ chartering organization first gave notice to mitted and each such group must move ments by the charterer to prospective its members of firm charter plans, or (2) is a as a unit in both directions. charter participants of the anticipated bona fide member of an entity consisting of individual charge for the charter shall (a) students and educational staff of a single § 208.212 Participation of immediate clearly identify the portion of the charges school, or (b) employees of a single Govern­ families in charter flights. to be paid separately for the air trans­ ment agency, industrial plant, or mercantile establishment, or (3) is a person whose par­ portation, for the land tour, and for the ticipation has been specifically permitted by The immediate family of any bona fide administrative expenses of the charterer. member of a charter organization may the Civil Aeronautics Board, or (4) is the (b) Within 15 days after completion spouse, dependent child, or parent of a per­ participate in a charter flight: Provided, of each one-way or round-trip flight, the son described hereinbefore and lives in such however, That this section shall not apply charterer shall complete and supply to person’s household, or (5) is a bona fide par­ to study group charters. each charter participant and the air car­ ticipant in a study group charter. § 2 0 8 .2 1 3 Charter costs. rier involved a detailed report showing the charge per passenger transported (Signature) (a) The costs of charter flights shall and the charterer’s total receipts and ex­ § 208.216 Statement of supporting in­ be prorated equally among all charter penditures. The report shall be sub­ formation. passengers and no charter passenger mitted in the form of, and contain such •shall be allowed free transportation; ex­ Charterers shall execute and furnish to information including the above as more air carriers Section B of Part n of the cept that (1) children under 12 years of fully specified by the “Non-transatlantic age may be transported at a charge less Statement of Supporting Information Charter—Post Flight Report,” annexed attached hereto and made a part hereof than the equally prorated charge; (2) hereto and made a part hereof. children under 2 years of age may be at such time prior to flight as required by transported free of charge. §208.215 Passenger manifests. the carrier to afford it due time for re­ (b) The charterer shall not make (a) Prior to each one-way or round- view thereof. charges to the charter participants which trip flight a manifest shall be filed by the Subpart D— Provisions Relating to exceed the actual costs incurred in con­ charterer with the air carrier showing Single Entity Charters summating the charter arrangements, the names and addresses of the persons nor include as a part of the assessment to be transported and specifying the re­ § 208.300 Applicability of subpart. for the charter flight any charge for lationship of each such person to the This subpart sets forth the special purposes of charitable donations. AH charterer (by designating opposite his rules applicable to single entity charters, charges related to the charter flight ar­ name one of the three relationship cate­ other than those subject to Part 205 of rangements collected from the charter gories hereinafter described). The this subchapter. participants which exceed the actual manifest may include “stand-by” par­ costs thereof shall be refunded to the ticipants (by name, address, and rela­ § 208.301 Tariffs to be on file. participants in the same ratio as the tionship to charterer). The provisions of § 208.32(a) shall ap­ charges were collected. (b) The relationship of a prospective ply to charters under this subpart. (c) Reasonable administrative costs of passenger shall be classified under one organizing the charter may be divided of the following categories and specified § 208.302 Terms of service. among the charter participants. Such on the passenger manifest as follows: (a) The total charter price and other costs may include a reasonable charge (1) A bona fide member of the char­ terms of service shall conform to those for compensation to members of the tering organization at the time the or­ set forth in the applicable tariff filed in charter organization for actual labor and ganization first gave notice to its mem­ accordance herewith and the contract personal expenses incurred by them. bers of firm charter plans. Specify on shall be for the entire capacity or less Such charge shall not exceed $300 (or the passenger manifest as “ (1) member.” than the entire capacity of one or more $500 where the charter participants (2) The spouse, dependent child, or aircraft as defined in § 208.3 (s). number more than 80) per round-trip parent of a bona fide member who lives (b) The terms of service prescribed in flight. Neither the organizers of the in such member’s household. Specify on § § 208.10 t h r o u g h 208.15, inclusive, charter, nor any member of the charter- the passenger manifest as “(2) spouse” §§ 208.32(d), 208.33, and 208.33a shall be mg organization, may receive any gratui­ or “(2) dependent child” or “(2) parent.” applicable in the case of single entity ties or compensation, direct or indirect, Also give name and address of member charters. from the carrier, the travel agent, or any relative where such member is not a pro­ organization which provides any service spective passenger. § 208.303 Commissions paid to travel „to the chartering organization whether (3) Bona fide members of entities con­ agents. of an air transportation nature or other­ sisting only of persons from a study No direct air carrier shall pay a travel wise. Nothing in this section shall pre­ group, pr a college campus, or employed agent any commission in excess of 5 per­ clude a member of a chartering organi­ by a single Government agency, indus­ cent of the total charter price or more zation who is the carrier’s agent from trial plant, or mercantile company, or than the commission related to charter receiving a commission from the carrier persons whose proposed participation in flights paid to an agent by a carrier cer­ (within the limits of § 208.202), or pre­ the charter flight was permitted by the tificated to fly the same route, whichever vent any member of the charter group Board pursuant to request for waiver. is greater. from accepting such advertising and Specify on the passenger manifest as goodwill items as are customarily ex­ “(3) special” or “(3) member” (where Subpart E— Provisions Relating to tended to individually ticketed passen­ participants are from a study or campus Mixed Charters gers (e.g., a canvas traveling bag or a group or from a Government agency, in­ money exchange computer). dustrial plant, or mercantile company). § 208.400 Applicable rules. . (d) if the total expenditures, includ­ (c) In the case of a round-trip flight, The rules set forth in Subpart C of this ing among other items compensation to the above information must be shown part shall apply in the case of mixed members of the chartering organization, for each leg of the flight and any varia­ charters, other than those subject to Part referred to in paragraph (c) of this sec­ tions between the outbound and inbound 205 of this subchapter. tion, but exclusive of expenses for air trips must be explained on the manifest. No te: The reporting requirements con­ transportation or land tours, exceed $750 (d) Attached to such manifest must be tained herein have been approved by the Per round-trip flight, such expenditures a certification, signed by a duly author­ Bureau of the Budget in accordance with the shall be supported by properly authenti- ized representative of the charterer, Federal Reports Act of 1942. c^ted vouchers to be given to the carrier reading: By the Civil Aeronautics Board. with the “Non-transatlantic Charter— The attached list of persons Includes every l^j^Flight Report” required pursuant to individual who may participate in the char­ [seal] Harold R . S anderson, ter flight. Every person as identified on the Secretary.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4778 RULES AND REGULATIONS

Nontransatlantio Charters—Statement of the chartering organization? Yes □ No □ 7. No member of the chartering organiza­ S upporting I nformation* If answer Is “yes,” explain: tion has received or will receive any compen­ sation or benefit, directly or indirectly, from Part I—To be completed by air carrier for the air carrier, the travel agent, or any or­ each single entity, mixed., or pro rata charter. VERIFICATION 1 ganization providing services in relation to (Where more than one round-trip flight is to S tate o f ______the air or land portion of the trip. be performed under the charter contract, County of______ss: clearly Indicate applicability of answers.) ______being duly sworn, verification of charterer 1 1. Name of transporting carrier: — ------(Name) S tate o f ______deposes and says that to the beet of his County o f ______ss: 2. Commencement date(s) of proposed knowledge and belief all the information pre­ flight(s) : sented in Part II, section A of this statement (a) Going------is true and correct. (b) Returning------(Name) 3. Points to be included in proposed ( Signature and address of travel agent or, if being duly sworn, hereby separately depose flight (s) : none, of authorized official of air carrier and say that to the best of the knowledge and (a) F r o m ______t o ------where such carrier or an affiliate under its belief of each of them all the information in (b) Returning fro m ------to control performs any travel agency func­ Part II, section B, of this statement is true (cj Other stops required by charterer: tion or service (excluding air transporta­ and correct. tion sales but Including land tour 4. (a) Type of aircraft to be used: arrangements).) (Signature of person within organization in Sworn to before me this day, t h e ___ charge of charter arrangements.) (b) Seating capacity: ______o f ______19___ Sworn to before me this day, t h e ___ of 5. (a) Total charter price:------______19___ (b) Does the charter price conform to (Signature of person administering oath. tariff on file with the Board? —------Also, set forth here below the name, (Signature of person administering oath. (c) If pro rata or mixed charter, explain address, and authority of such person.) Also, set forth here below the name, ad­ construction of charter price In relation to [ s e a l ] dress and authority of such person.) tariff on file with the Board. (In case of ,[ s e a l ] mileage tariff, show mileage for each segment WARRANTY involved and indicate whether segment is I______(Signature and title of officer. This should live or ferry.) ------(Name) be the chief officer of the chartering organi­ represent and warrant that I have acted with zation except in the case of a school char­ 6. (a) Has the carrier paid, or does it con­regard to this charter operation (except to ter, in which case the verification must be template the payment of any commissions, the extent fully and specifically explained in by a school official not .directly involved in direct or indirect, in connection with the Part H, section A) and will act with regard to charter.) proposed flight? Yes □ NoO such operation in a manner consistent with Sworn to before me this day, t h e ___ of (b) If “yes,” give names and addresses of Part 208 of the Board’s Economic Regulations...... 19___ such recipients and indicate the amount paid or payable to each recipient. If any com­ (Signature and address of travel agent or, (Signature of person administering oath. mission to a travel agent exceeds 5 percent of if none, of authorized official of air car­ Also, set forth here below the name, ad­ the total charter price, attach a statement rier where such carrier or an affiliate under dress and authority of such person.) justifying the high«: amount under this its control performs any travel agency [seal] regulation. function or service (excluding air trans­ portation sales but including land tour warranty of charterer arrangements).) I, _____and 7. Name and address of charterer : Section B— To be executed by charterer. (Name) 1. All passengers were bona fide members 8. If charter is single entity, indicate pur­of the chartering organization on the date (Name) pose of flight:______when firm charter plans were first announced represent and warrant that the charterer has or are in the immediate families (spouse, de­ acted with regard to this charter operation 9. On what date was the charter contract pendent children, or parents living in a (except to the extent fully and specifically executed? ______- ______member’s household) of such members. explained in Part H, section B ), and will act 10. If the charter is pro rata, has a copy of Yes □ No □ with regard to such operation, in a manner Part 208 of the Civil Aeronautics Board’s 2. Date when firm charter plans were first consistent with Part 206 of the Board’s Eco­ Economic Regulations been mailed to or announced: ______nomic Regulations. delivered to the prospective charterer? 3. There is a central membership list show­ Yes □ No □ ing the date each person became a mem­ (Signature of person within organization in Part H— To be completed for pro ratti or ber. Yes □ No □ charge of charter arrangements.) mixed charters only. 4. This central membership list is avail­ Section A—To be supplied by travel agent, able for inspection at the following loca­ (Signature and title of officer. This should or, where none, by the air carrier or an tion ______- ______be the chief officer of the chartering orga­ affiliate under its control where either of thè 5. Administrative expenses being assessed nization except in the case of a school latter performs or provides any travel agency against charter passengers will not ex­ charter, in which case the warranty must function or service (excluding air transpor­ ceed $______— be by a school official not directly involved tation sales but Including tour arrange­ 6. If the chart«: is round trip, the number in charter.) ments) . of one-way passengers will not exceed: 1. Has the agent or, to his knowledge, have ______on first leg; VERIFICATION OF EMPLOYER1 ______on return lag. any of his principals, officers, directors, as­ (To be furnished where eligibility to par­ sociates or employees compensated any mem­ ticipate in charter is dependent upon em­ ber of the chartering organization in relation 1 Whoever, having taken an oath before a competent—person—that he will testify, ployment by a particular entity.) either to the proposed charter flight or any declare, depose, or certify truly, or that any S tate o f ______land tour? Yes □ No □ written testimony, declaration, deposition, or County o f __ ___, ss: 2. Does the agent have any financial inter­ certificate by him subscribed, is true, will­ est in any organization rendering services to fully and contrary to such oath states or sub­ (Name) scribes any material matter which he does being duly sworn, deposes and says that to not believe to be true, is guilty of perjury, the best of his knowledge and belief solici­ ♦This must be retained by the air carrier and shall, except as otherwise expressly pro­ for two years pursuant to the requirements vided by law, be fined not more than 82,000 tation for this charter has been confined to of Part 249, but open to Board inspection, and or imprisoned not more than 5 years, or both. persons employed by ------to be filed with the Board on demand. Title 18, UJ3.C.. § 1021. (Name of employer entity)

FEDERAL REGISTER, V O L 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4779

or persons in the immediate families of such portion thereof provided by the supple­ employees. Item of expenditure1 Paid to» Amount mental air carriers. In response to this (Signature and title of authorized notice, comments were submitted by 12 official of employer.) trunkline air carriers,1 3 local service Sworn to before me this day, t h e ___ of carriers,* 3 other route carriers,8 12 sup­ ------19___ plemental carriers,4 1 foreign air car­ T o ta l4______rier,* 7 travel agencies (including travel (Signature of person administering oath. agents’ associations) ,* 4 labor unions,* 6 Also, set forth here below the name, ad­ * As a separate item there should be listed here a total government agencies,6 and 2 private dress, and authority of such person.) of all the amounts refunded to the charter participants; also list separately air transportation, land tour, and Hawaiian associations.8 In addition, re­ administrative expenses. [ s e a l ] ply comments were filed by 11 trunkline » Disclose any relationship to chartering organization. * If this item does not agree with item 3(d), subm it an carriers,18 8 supplemental carriers,11 1 WARRANTY OF AIR CARRIER explanatory statement as to the reasons therefor. foreign air carrier,1* 2 travel agents’ as­ To the best of my knowledge and belief, VERIFICATION 5 sociations,18 1 union,14 and 1 government all the information presented in this state­ State o f ______, agency.“ ment Including, but not limited to, those County o f ______ss: After further consideration, the Board parts verified by the charterer and the travel I, ...... decided (supplemental notice of pro­ agent, is true and correct. I represent and being duly sworn, hereby depose and say that posed rule making, SPD R-6A, April 27, warrant that the carrier has acted with re­ this report has been prepared by me or un­ 1965, 30 F.R. 6119) to defer further ac­ gard to this charter operation (except to the der my direction, that I have carefully ex­ extent fully and specifically explained in this tion in the rule making proceeding un­ amined it and that to the best of my knowl­ til after issuance of the examiner’s Rec­ statement or any attachment thereto) and edge and belief it is a complete and accurate will act with regard to such operation in a statement, and a copy hereof has been dis­ ommended Decision in the Supplemental manner consistent with Part 208 of the tributed to each charter participant. Air Service Proceeding, Docket 13795 Board’s Economic Regulations.1 et al. (Signature of person in charge of charter (Signature and title of authorized official of air carrier.) arrangements.) Sworn to before me this day, t h e ___ of 1A joint comment was filed by American ...... 19__ Airlines, Bra niff Airways, Continental Air Nontransatlantic Charters—P ostflight Lines, Delta Air Lines, Eastern Air Lines, R eport (I nstructions) (Signature of person administering oath. National Airlines, Northwest Airlines, Pan American World Airways, Trans World Air­ The charterer shall complete and file a re­ Also, set forth here below the name, ad­ port in this form with the air carrier within dress, and authority of such person.) lines, United Air Lines, and Western Air 15 days of each one-way or round-trip char­ Lines. In addition, Northwest Airlines filed ter flight. A report in this form shall also [ s e a l ] a supplemental comment and Northeast Air­ be furnished each charter participant by the [F.R. Doc. 66-2890; Filed, Mar. 21, 1966; lines submitted a separate comment. charterer within 15 days after completion of 8:45 a.m.] s Bonanza Air Lines, Lake Central Airlines, each one-way or round-trip charter flight. and Trans-Texas Airways. 1. Name of ca rrie r:__ ,______3 Aloha Airlines, Hawaiian Airlines, and Trans Caribbean Airways. 2. Name of chartering organization: SUBCHAPTER D— SPECIAL REGULATIONS 4 AAXICO Airlines, American Flyers Air­ [Reg. No. SPR—14] line, Capitol Airways, Modern Air Transport, Overseas National Airways (ONA), Purdue 3. Analysis of charterer’s receipts: PART 378— IN CLUSIVE TOURS BY (a) . Aeronautics, Saturn Airways, Trans Inter­ (Number of one-way passengers) SUPPLEMENTAL AIR CARRIERS AND national Airlines (TIA), Vance Roberts, X ...... -...... TOUR OPERATORS World Airways and Zantop Air Transport. (Charge per passenger1* (including A comment was also filed by Holiday Air­ amounts later refunded)) Adopted by the Civil Aeronautics ways, a supplemental carrier which, unlike Board at its office in Washington, D.C., the others, lacked interim operating author­ ( b ) ...... on the 11th day of March 1966. ity. (Number of round-trip passengers) By notice of proposed rule making, 'Jap an Air Lines. X ...... 6 American Society of Travel Agents SPD R-6, dated January 5, 1966, and (ASTA), Camino Tours, Creative Tour Op­ (Charge per passenger1* (Including published in 30 F.R, 281, the Board gave amounts later refunded)) erators Association (OTOA), Fugazy Travel notice that it had under consideration Bureau, Happiness Tours, Lafayette Travel (c) Receipts from other sources (explain) (1) the amendment of the interim certif­ Service, and Pan American Tours. icates and interim operating authoriza­ T Master Executive Councils of Pilots of (d) Total receipts [(a) + (b) +(c) ] = tions of supplemental air cariers who the Eastern Air Lines, etc.; United Public Work­ Board finds qualified to perform all­ ers of Honolulu; Hotel, Restaurant Em­ 4. Analysis of charterer’s expenditures : ployees, and Bartenders Union (Local No. 5, expense-paid (inclusive) tours in inter­ Honolulu) ; and International Association of state-and overseas air transportation, Machinists (Honolulu Lodge). 1 Any air carrier, or any officer, agent, em­ and (2) the promulgation of a new Part 8 Port of New York Authority; Board of ployee, or representative thereof, who shall, 378 of the Board’s Special Regulations Supervisors of County of Mairi, Hawaii; knowingly and willfully, fail or refuse to to authorize, subject to the conditions Board of Supervisors of County of Hawaii, keep or preserve accounts, records and memo­ provided therein, inclusive tours by tour Hawaii; Senate and House of the State of randa in the form and manner prescribed operators with the air transportation Hawaii; Council of City and County of Hono­ lulu; and Department of Attorney General, by the Board, or shall, knowingly and will­ State of Hawaii.- fully, falsify, mutilate, or alter any such re­ 'Whoever, having taken an oath before a 9 Hawaii Hotel Association and Hawaii Res­ port, account, record or memorandum, shall competent person, that he will testify, de­ taurant Association. be guilty of a misdemeanor and, upon con­ clare, depose, or certify truly, or that any 10 A joint reply by the same carriers which viction thereof, be subject for each offense to written testimony, declaration, deposition, or filed a joint comment (see footnote 1, supra). a fine of not less than $100 and not more certificate by him subscribed, is true, will­ 11 The same supplémentais which filed than $5,000. Title 49, U.S.C. I 1472. fully and contrary to such oath states or comments, minus Modern, Purdue, Zantop u If charter cost was not divided equally subscribes any material matter which he does and Holiday (see footnote 3, supra). among all participants actually transported, not believe to be true, is guilty of perjury, 13 Japan Air Lines. and shall, except as otherwise expressly pro­ 13 ASTA and CTOA. indicate clearly the individual amounts col­ vided by law, be fined not more than $2,000 14 Master Executive Councils of Pilots of lected and the number of passengers paying or imprisoned not more than 5 years, or Eastern Air Lines, etc. each such amount. both. Title 18, U.S.C., § 1621. 15 St. Louis Airport Commission.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4780 RULES AND REGULATIONS

By supplemental notice of proposed Subpart D— Miscellaneous and conditions which are applicable to rule making, SPDR-6B, dated October Sgc. such fare or fares, as set forth in the 11, 1965, and published in 30 F.R. 13077, 378.30 Waiver. tariff of the certificated route carrier or the Board amended proposed Part 378 to 378.31 Enforcement. carriers. For purposes of this provi­ correspond with the scope of inclusive Authority : The provisions of this Part 378 sion, the term “available fare” Includes tour authority which might be granted issued under sections 101 (3), 204(a), 401, 409 promotional or discount fares, such as as a result of the Supplemental case and 414 of the Federal Aviation Act of 1958, family fares, children’s fares, excursion and/or the Reopened Transatlantic as amended (72 Stat. 737; 49 U.S.C. 1301; 72 fares, fares applicable to special classes Stat. 743; 49 U.S.C. 1324; 72 Stat. 754 as of persons, group fares, etc. Where simi­ Charter Investigation (All-expense Tour amended by 76 Stat. 143; 49 U.S.C. 1371; 72 Phase),Docket 11908,etal. The amend­ Stat. 768; 49 U.S.C. 1379; 72 Stat. 770; 49 lar promotional or discount fares are ments primarily involved (1) making the U.S.C. 1384) and section 7 of Public Law 87- offered on both jet and propeller aircraft, period of tour operator authorization 528 (76 Stat. 146; 49 U.S.C. 1371). the available fare shall be that charged coextensive with that awarded to sup­ for je t service. Where no regularly plemental carriers, and (2) extending Subpait A— General Provisions scheduled ^service is provided between the regulatory terms to include inclu­ the points involved, the available fare sive tours in foreign, as well as interstate § 378.1 Applicability. shall be based on the fares to the nearest and overseas, air transportation. Com­ This part establishes the terms and point served by a certificated route air ments with respect to the amendments conditions governing the furnishing of carrier; and were hied by 11 trunkline air carriers,14 inclusive tours in interstate air transpor­ (5) An aircraft under charter to one 3 supplemental carriers,” and 2 travel tation by supplemental air carriers and tour operator may carry a maximum of agents (or associations).“ tour operators. This part also relieves three tour groups, provided that if more Interested persons have been afforded tour operators from various provisions of than one group is carried each of the an opportunity to participate in the mak­ the Act and the Board’s regulations for groups shall consist of 40 or more tour ing of this rule, and due consideration the purpose of enabling them to provide participants. has been given to all relevant matter inclusive tours to members of the general (c) An “inclusive tour group” means presented. In view of the interrelation­ public utilizing aircraft chartered from an aggregate of persons who are assem­ ship between the rule making and the supplemental air carriers. The provi­ bled by a tour operator for the purpose Supplemental case with respect to the sions of this regulation shall not be con­ of participation as a single unit in an inclusive tour question, and because Part strued as limiting any other authority to inclusive tour. 378 is being issued in conjunction with engage in air transportation issued by (d) “Tour operator” means any per­ the decision in the domestic phase of the Board. Nothing contained in this son (other than a supplemental air car­ the latter proceeding, the discussion of part shall be construed as repealing or rier) authorized hereunder to engage in the regulatory provisions as adopted, amending any provision of any of the the formation of groups for transporta­ which normally accompanies the rule, Board’s regulations, unless the context tion on inclusive tours. is contained in the Supplemental so requires. (e) “Tour participant” means a mem­ opinion.19 For the reasons set forth ber of the inclusive tour group. therein, we have decided to adopt the § 378.2 Definitions. (f) “Supplemental air carrier” means attached new Part 378 of the Board’s As used in this part, unless the context a supplemental air carrier as defined in Special Regulations. otherwise requires— § 200.8 of the Board’s economic regula­ Accordingly, the Civil Aeronautics (a) “Inclusive tour charter” means the tions and authorized under section 7 of Board hereby amends the Special Regu­ charter of an entire aircraft by a tour Public Law 87-528 or section 401 (d) (3) lations effective May 13, 1966, by adding operator for the carriage by a supple­ of the Act to perform inclusive tour thereto a new Part 378 (14 CFR Part mental air carrier of persons traveling in charters. 378) to read as follows: (g) “Tour price” means the total interstate air transportation on inclusive amount of money paid by the tour par­ Subpart A—-General Provisions tours. (b) “Inclusive tour” means a round- ticipant to the tour operator for the Sec. inclusive tour. 378.1 Applicability. trip tour which combines air transpor­ 378.2 Definitions. tation pursuant to an inclusive tour § 378.3 Exemption. 378.3 Exemption. charter and land services, and which Subject to the provisions of tnis part 378.4 Approval of certain interlocking re­ meets all of the following requirements: lationships. and the conditions imposed, tour opera­ ( 1 ) A minimum of seven (7) days musttors are hereby relieved from the fol­ 378.5 Effect of exemption on antitrust laws. elapse between departure and return; 378.6 Suspension of exemption authority. lowing provisions of Title IV of the Fed­ (2) The land portion of the tour must eral Aviation Act of 1958, as amended, Subpart B— Conditions and Limitations provide overnight hotel accommodations to the extent necessary to permit them at a minimum of three places other than to provide inclusive tours: 378.10 Requirement of a Statement of Au­ the point of origin, such places to be no thorization. Section 401. 378.11 Procedure for obtaining a Statement less than 50 air miles from each other; (3) The tour price shall include, at a Section 403. of Authorization. Section 404(a), except the requirement to 378.12 Statement of Tour Operator’s Quali­ minimum, all hotel accommodations and provide safe and adequate service, equip­ fications. necessary air or surface transportation ment and facilities in connection with 378.13 Tour Prospectus. between all places on the itinerary, in­ tours operated hereunder. 378.14 Charter contract. cluding transportation to and from air Section 405(b). 378.15 Tariffs to be filed for charter trips. and surface carrier terminals utilized at Section 407 (b) and (c). 378.16 Surety bond. Sections 408(a) and 409, except control or 378.17 Contract between tour operators «.nd such places other than the point of origin; interlocking relationships with direct air tour participants. carriers. 378.18 Procedure applicable to periods on or (4) The charge to the passengers for Section 412. after January 1,1968. the tour, as set forth in the tour prospec­ tus, shall be not less than 110 percent § 378.4 Approval of certain interlock­ Subpart C— Post Tour Reporting Requirements of any available fare or fares charged by ing relationships. 378.20 Poet tour reporting. a Certificated route air carrier or com­ To the extent that any officer or di­ bination of such carriers (including rector of a tour operator would be in charge for stopovers) for individually 18 Again, a joint comment by the carriers violation of any of the provisions of sec­ listed in footnote 1. ticketed service on the circle route be­ tion 409(a) (3) and (6) by participating 17 TIA, World and Zantop. ginning at the point of origin, to the vari­ in interlocking relationships covered by 18 CTOA and American International Travel ous points where stopovers are made, and the exemption granted by § 378.3, such Service. return to the point of origin, provided participation is hereby approved by the 18 Order E-23350, Mar. 11,1966, pp. 16-21. that the tour shall be subject to the terms Board.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4781

§ 378.5 Effect of exemption on anti­ and shall conform to the requirements shall evidence a binding commitment on trust laws. of § 302.1022 (a) and (b) of this chapter. the part of the carrier to furnish the The relief granted by §§ 378.3 and (d) If -the Board finds that the pro­ air transportation required for the tour 378.4 from sections 408, 409, and 412 of posed tour or tours comply with the re­ or tours covered by the contract. quirements of this regulation and that the Act shall not constitute an order § 378.15 Tariffs to be filed for charter under such sections within the meaning the tour operator applicant is properly trips. of section 414 of the Act, and shall not qualified, it will issue a Statement of confer any immunity or relief from op­ Authorization for the conduct of the No supplemental air carrier shall per­ eration of the “antitrust laws” or any tour or tours set forth in the application. form any charter trips for inclusive tours other statute (except the Act) with re­ Among the factors which the Board will unless such air carrier shall have on file spect to any transaction, interlocking re­ consider in determining whether the with the Board a currently effective tariff lationship, or agreement otherwise with­ tour operator applicant is properly quali­ showing all rates, fares, and charges for in the purview of such sections. fied to engage in the proposed tour oper­ such charter trips and showing the rules, ation are its financial resources, prior regulations, practices, and services in § 378.6 Suspension of exemption au­ experience in the transportation busi­ connection with such transportation. thority. ness, and any other information bearing § 378.16 Surety bond. The Board reserves the power to sus­ upon the ability of the applicant to per­ pend the exemption authority of any tour form successfully the proposed opera­ The tour operator shall furnish a sur­ operator, without hearing, if it finds that tions. The Statement of Authorization ety bond in an amount of not less than such action is necessary in order to pro­ may be conditioned or limited by the twice the amount of the charter price tect the rights of the traveling public. Board in order to assure compliance for the air transportation to be furnished with the requirements of this regulation. in connection with such tour: Provided, Subpart B— Conditions and (e) Deviations from the tour or tours however, That the liability of the surety Limitations authorized by the Board may not be made to any tour participant shall not exceed without Board permission except where the tour price. Such bond shall insure § 378.10 Requirement of a Statement they are compelled by circumstances be­ the financial responsibility of the tour of Authorization. ^ yond the control of the carrier or tour operator and the supplying of the trans­ portation and all other accommodations, No inclusive tour or series of tours operator and there is insufficient time to request Board permission therefor. services, and facilities in accordance with scheduled to commence on or before De­ the contract between the tour operator cember 31, 1967, shall be operated, nor § 378.12 Statement of Tour Operator's and the tour participants, and shall be shall any tour operator sell or offer to Qualifications. in the form set forth in the appendix. sell, solicit, or advertise such tour or The Statement of Torn* Operator’s Such bond shall be issued by a reputable tours, unless there shall be in effect a Qualifications shall be in the form set and financially responsible bonding or Statement of Authorization issued by the forth in the appendix. A tour operator surety company which is legally author­ Board authorizing the specific tour or who has filed a Statement of Tour Oper­ ized to issue bonds of that type in the series of tours. ator’s Qualifications in connection with State in which the tour originates. For § 378.11 P ro c e d u re for obtaining a one application may, with respect to purposes of this section, the term “State” Statement of Authorization. subsequent applications, file a verified includes any territory or possession of statement to the effect that the facts the United States, or the District of Co­ (a) Applications for a Statement of contained in his previously filed State­ lumbia. The Board will consider that Authorization shall be filed with the Civil ment of Qualifications have not changed, a bonding or surety company is prima Aeronautics Board (Director, Bureau of except as set forth in such verified state­ facie qualified under this section if such Operating Rights) jointly by the sup­ ment. company’s surety bonds are accepted by plemental air carrier and the prospective the Interstate Commerce Commission tour operator at least 90 days in advance § 378.13 Tour Prospectus. under 49 CFR 174.8, and if such company of the date of commencement of the pro­ The Prospectus shall include copies of is listed in Best’s Insurance Reports (Fire posed tour or series of tours. If a series the charter contract, the contract be­ and Casualty) with a general policy- of tours is to be operated for one tour tween the tour operator and tour par­ holders’ rating of “A” or better. If the operator pursuant to one charter con­ ticipants, and the tour operator’s surety bopd does not comply with the require­ tract, the application may cover the en­ bond, and shall contain the following ments of this section, or for any reason tire series, provided that the elapsed time information: fails to provide satisfactory or adequate between the commencement of the first (a) Name and address of the tour protection for the public, the Board will tour and the completion of the last tour operator; notify the supplemental air carrier and shall not be more than 180 days. Late (b) The proposed date and time of the tour operator, by registered or cer­ filing of the application will not be per­ each flight; tified mail, stating the deficiencies of the mitted except for good cause shown. (c) Equipment to be used, including bond. Unless such deficiencies are cor­ (b) The application shall be verified, the aggregate number of each type of rected within the time set forth in such in the form set forth in the appendix, aircraft and capacity; notification, the subject tour or tours by a duly authorized officer of both the (d) The tour itinerary, including shall in no event be operated. supplemental air carrier and the tour hotels (name and length of stay at each), operator and shall include the State­ § 378.17 Contract between tour opera­ and sightseeing or other arrangements, tors and tour participants. ment of Tour Operator’s Qualifications if any; and the Tour Prospectus. In the event (e) The tour price per passenger; Where each participant in a tour re­ of any change in the facts as reflected (f) The number of persons expected ceives the same accommodations, land in the application, an amended applica­ to participate in the tour; tours, etc., the contract between the tour tion shall be filed no later than five (5) (g) Charter price of the aircraft; operator and the tour participants shall days following such change. (h) The individually ticketed air fare, be the same. Contracts between tour (c) Copies of the application shall be computed as provided in § 378.2(b) ( 4 ) ; operators and tour participants shall in­ served upon each, direct air carrier (i) Samples of' solicitation material clude provisions concerning the follow­ certificated to provide passenger service proposed by the tour operator (all sales ing matters: between any of the points involved in advertising and solicitation materials (a) Method of payment, e.g., install­ the proposed tour or tours, and on such employed by the tour operator shall state ment payments; other persons as Hie Board may require, the name of the supplemental air carrier (b) Refunds in the event of the tour’s and proof of such service shall accom­ to be utilized). cancellation or the passenger’s change pany the application as provided in in plans; § 362.8 of this chapter. Answers to the § 378.14 Charier contract. (c) Carriers’ liability limitations for application may be filed by interested The charter contract between the tour passengers’ baggage; Persons no later than 10 days thereafter operator and the supplemental carrier (d) Aircraft equipment substitutions;

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4782 RULES AND REGULATIONS

(e) Seating accommodations; and special or unusual circumstances war­ 6. Date of incorporation or formation of (f) Nonperformance of tour because rant a departure from the provisions set company: ______of insufficient number of participants. forth herein. 7. Full name, address, title, citizenship (country) and percent of stock or other in­ § 378.18 Procedure applicable to pe­ § 378.31 Enforcement. terest of officers, owners, or members of ap­ riods on or after January 1, 1968. plicant, and owners of more than 5 percent In case of any violation of the provi­ of outstanding stock of corporation or (a) No inclusive tour or series of tours sions of the Act, or this part, or any other owners of more than 5 percent of company if scheduled to commence on or after Ja n ­ rule, regulation, or order issued under other than corporation: ______uary 1,1968, shall be operated, nor shall the Act, the violator may be subject to a any tour operator sell or offer to sell, proceeding pursuant to sections 1002 and solicit, or advertise such tour or tours, 1007 of the Act before the Board or a 8. Full name, address, citizenship (coun­ try) and percent of stock or other Interest of unless there is on file with the Board a U.S. District Court, as the case may be, directors of applicant:______Tour Prospectus satisfying the require­ to compel compliance therewith, to civil ments of § 378.13. If a series of tours penalties pursuant to the provisions of is to be operated for one tour operator section 901(a) of the Act, or, in the case 9. Percent of voting interest owned or con­ pursuant to one charter contract, the of willful violation, to criminal penalties trolled by citizens of the United States or one Prospectus may cover the entire series, pursuant to the provisions of section 902 of its possessions: □ 75 percent or more; provided the elapsed time between the (a) of the Act; or other lawful sanctions. □ Less than 75 percent. commencement of the first tour and the 10. If more than 5 percent of applicant’s No te: The reporting requirements con­ stock is held by a corporation, percent of completion of the last tour shall not be tained herein have been approved by the voting interest in such corporation owned or more than 180 days. The Tour Prospec­ Bureau of the Budget in accordance with the controlled by citizens of the United States or tus shall be verified by a duly authorized Federal Reports Act of 1942. one of its possessions: □ 75 percent or more; officer of both the supplemental air car­ □ Less than 75 percent. rier and the tour operator and shall be By the Civil Aeronautics Board. 11. Description of current business activi­ filed at least 60 days before the com­ [ seal] H arold R . S anderson, ties and length of time engaged therein: mencement of the tour or. tours. Late Secretary. filing of the Prospectus will not be per­ Verification o f Ap p l ic a t io n U n d er P art mitted except for good cause shown. 3 7 8 o f t h e S p e c ia l R e g u l a tio n s o f t h e 12. Description of previous business experi­ (b) In the event of any change in the Civ il Ae r o n a u tic s B oard (14 CFR P a rt ence related to transportation activities and facts as reflected in the Prospectus, an 3 7 8 ) dates engaged th e re in :______amended Prospectus shall be filed no State o f ______later than five (5) days following such County o f ______ss: change. Deviations from the Tour 13. Kind of operating authority (such as Prospectus, or the amended Prospectus, broker, surface or air freight forwarder, mo­ may not be made except where they are tor carrier, ocean freight forwarder, etc.) is­ (Name) sued to applicant by the U.S. Govenment, in­ compelled by circumstances beyond title being duly sworn, hereby separately depose cluding (a) permit, registration or certificate control of the carrier or tour operator and say that I have carefully examined the number, or other evidence of registration, (b) and there is insufficient time to file an attached application for a Statement of Au­ issuing agency, and (c) effective dates of li­ amended Prospectus. thorization to engage in Inclusive tour char­ cense held: ______ters, and each of the documents comprising Subpart C— Post Tour Reporting such application (Statement of Tour Op­ Requirements erator’s Qualifications and Tour Prospectus) and that to the best of my knowledge and be­ 14. Has any operating authority or regis­ § 378.20 Post four repotting. lief the information contained therein is true tration included in item 13, above, been re­ and correct. voked, canceled, suspended or otherwise (a) Within 30 days after completion terminated? □ Yes QNo of a tour or in the case of a series of (Signature and title of duly authorized of­ If “yes,” give reasons: ______tours, the last of the series, the supple­ ficial of the supplemental air carrier.) mental air carrier and tour operator shall Sworn to before me thi« day, t h e ___ of 15. Description of previous business experi­ jointly file with the Board (Supplemen­ ------19__ ence of applicant’s officers, managers and key tary Services Division, Bureau of Operat­ personnel in air transportation or other ing Rights) a post tour report. This re­ (Signature of person administering oath. transportation:______port shall be verified by both the supple­ Also, set forth here below the name, ad­ mental air carrier and the tour operator dress and authority of such person.) [ s e a l ] 16. State any additional information or and shall indicate whether or not the comments as desired in support of the ap­ tours as authorized hereunder were, In (Signature and title of duly authorized of­ plication: ______fact, performed. To the extent that the ficial of the tour operator.) operations differed from those author­ Sworn to before me this day, the ____of 17. Give a brief account of any arrange­ ized under § 378.11 or described in the ------19__ ment through which applicant will have Prospectus filed under § 378.18, such dif­ available to it the financial resources and (Signature of person administering oath. facilities of other companies or individuals: ferences shall be fully detailed including Also, set forth here below the name, ad­ the reasons therefor. However, the dress and authority of such person.) making of such explanation shall not of [SEAL] itself operate as authority for or excuse 18. Submit with this statement, in dupli­ of any such deviation. S tatement op T our Operator's Qualifica­ cate, the most recent balance sheet of ap­ tions Under Part 378 of t h e S pecial Reg­ (b) The supplemental air carrier shall plicant. Use footnotes to explain items ulations of t h e Civil Aeronautics Board fully, in order to avoid time-consuming cor­ promptly notify the Board regarding any (14 CFR Part 378) respondence for explanation of balance sheet tours covered by a Statement of Author­ 1. Identification of tour operator ap­ entries. ization, or a Tour Prospectus filed under plicant: § 378.18, that are later canceled. (a) N am e :______T our Operator’s S urety bond Under Part 378 of th e S pecial R egulations of the Subpart D— Miscellaneous (b) Trade names:______(c) Name in which applicant wishes to be Civil Aeronautics B oard (14 CFR Part § 378.30 Waiver. issued the Statement of Authorization: 378) Know all men by these presents, that we A waiver of any of the provisions of 2. Address of principal office:______3. Mailing address: ______this regulation may be granted by the (Name of tour operator) Board upon its own initiative, or upon 4. Form of organization: □ Corporation; □ Partnership; □ Sole Proprietorship; of the submission by a supplemental air □ Other (Specify): ____ ^______(City) (State) carrier of a written request therefor, pro­ 5. State in which incorporated or under as Principal (hereinafter called Principal), vided that such a waiver is in the public whose laws company is authorized to op­ a n d ______a corpora- interest and it appears to the Board that erate: ______i ______(Name of Surety)

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 32, 1966 RULES AND REGULATIONS 4783

tion created and existing under the laws of prior to the date such termination becomes 86248-86300 Developed photographic and the State o f ______as Surety (here- effective. motion picture film. ( State) In witness whereof, the said Principal and 89120 Phonograph records. inafter called Surety) are held and firmly Surety have executed this instrument on the 89213-89242, 89294 Printed matter, n.e.c. bound unto the United States of America in ___ day o f ______1 9 ___ 89961-89962 Hearing aids, orthopedic appli­ the sum o f ______for ances and articles, artificial parts of body, Principal (See § 378.10 of Part 378) and fracture appliances. which payment, well and truly to be made, Name _ _ we bind ourselves and our heirs, executors, B y ------(2) General License GLV. Effective administrators, successors, and assigns, (Signature and title) 12:01 a.m., e.s.t., March 18,1966, no ship­ Jointly and severally, firmly by these presents. Witness _ ments may be made to Southern Rho­ Whereas the Principal intends to become S urety desia under the provisions of General a tour operator pursuant to the provisions License GLV, except as provided in para­ of Part 378 of the Board’s Special Regulations N am e__ — [SEAL] and other rules and regulations of the Board B y ------graph (a) (3) of this § 384.8. (See relating to insurance or other security for (Signature and title) § 371.10 of the Comprehensive Export the protection of tour participants, and has Witness _ Schedule for provisions of General L i­ elected to file with the Civil Aeronautics cense GLV.) Board such a bond as will insure financial Only corporations may qualify to act as (3) Saving clause exception. Ship­ responsibility and the supplying of trans­ surety and they must establish to satisfac­ tion of the Civil Aeronautics Board legal au­ ments to Southern Rhodesia removed portation and other services subject to Part from General License G-DEST or Gen­ 378 of the Board’s Special Regulations in thority to assume the obligations of surety accordance with contracts, agreements, or and financial ability to discharge them. eral License GLV as a result of changes arrangements therefor, and [P.R. Doc. 66-2891; Filed, Mar. 21, 1966; set forth in subparagraph (1) or (2) of Whereas this bond is written to assure 8:45 a.m.] this § 384.8(a) and which were on dock compliance by the Principal as an authorized for lading, on lighter, laden aboard an tour operator with Part 378 of the Board’s exporting carrier, or in transit to a port Special Regulations, and other rules and of exit prior to 12:01 a.m., e.s.t., March regulations of the Board relating to insur­ Title 15— COMMERCE AND 18, 1966, may be exported under the ance or other security for the protection of tour participants, and shall inure to the previous General License G-DEST or benefit of any and all tour participants to FOREIGN TRADE GLV provisions up to and including April whom the Principal may be held legally Chapter III— Bureau of International 18, 1966. Any such shipment not laden liable for any of the damages herein aboard the exporting carrier on or before described. Commerce, Department of Com­ April 18, 1966, requires a validated li­ Now, therefore, the condition of tills obli­ merce cense for export. gation is such that if the Principal shall pay SUBCHAPTER B— EXPORT REGULATIONS (4) General License GATS. Effective or cause to be paid to tour participants any 12:01 a.m. e.s.t., March 18, 1966, United sum or sums for which the Principal may be [10th Gen. Rev. of Export Regs., Arndt. 12] held legally liable by reason of the Prin­ States registered aircraft may no longer cipal’s failure faithfully to perform, fulfill, PART 384— GENERAL ORDERS depart from the United States for a and carry out all contracts, agreements, and temporary sojourn in Southern Rhodesia arrangements made by the Principal while Exports to Southern Rhodesia under the provisions of General License this bond is in effect for the supplying of GATS. Exporters should note that the transportation and other services pursuant Section 384.8, Exports to Southern Rhodesia, is amended to read as follows: rescission of General License GATS does to and in accordance with the provisions of not affect the departure of aircraft oper­ Part 378 of the Board’s Special Regulations, § 384.8 Exports to Southern Rhodesia. then this obligation shall be void, otherwise ating under an Air Carrier Operating to remain in full force and effect. (a) Additional requirements for vali­ Certificate, Commercial Operating Cer­ The liability of the Surety with respect to dated licenses. The requirements for a tificate or Air Taxi Operating Certifi­ any tour participant shall not exceed the validated export license are increased as cate issued by the Federal Aviation tour price (as defined in Part 378 of the a result of the revisions in the general Agency, as set forth in § 371.15 of the Board’s Special Regulations) paid by or on licenses described herein. Comprehensive Export Schedule. behalf of such participant. (5) Other general licenses. Exports The liability of the Surety shall not be dis­ (1) General License G-DEST. Effec­ charged by any payment or succession of tive 12:01 a.m., e.s.t., March 18, 1966, to Southern Rhodesia may continue to payments hereunder, unless and until such only the commodities listed below in this be made under the provisions of any payment or payments shall amount in the § 384.8 may be exported to Southern general license except as described in aggregate to the penalty of the bond, but in Rhodesia under the provisions of Gen­ subparagraphs (1), (2), and (4) of this no event shall the Surety’s obligation here­ eral License G-DEST, except as provided § 384.8(a). under exceed the amount of said penalty. in paragraph (a) (3) of this § 384.8. (See (b) Consideration of license applica­ The Surety agrees to furnish written notice tions. Under the terms of the restrictive to the Civil Aeronautics Board forthwith of § 371.7 of the Comprehensive Export all suits filed, judgments rendered, and pay­ Schedule for provisions of General Li­ policy on exports and reexports of com­ ments made by said Surety under this bond. cense G-DEST.) These commodities are modities important to the economy of. This bond is effective t h e ___ day of deemed to be necessary for essential hu­ Southern Rhodesia, applications cover­ ------19 —, 12:01 a.m., standard time manitarian and educational purposes. ing the following commodities will gen­ at the address of the Principal as stated Export control commodity No. and Com­ erally not be approved by the Office of herein and shall continue in force until ter­ Export Control. minated as hereinafter provided. The Prin­ modity description cipal or the Surety may at any time terminate 001-112 Live animals, beverages, and food, Export control commodity No. and this bond by written notice to the Civil except feeding-stuff ( other than unmilled commodity description Aeronautics Board at its Office in Washing- cereals) for animals. lion, D.C., such termination to become ef­ 23110-23140 Crude rubber, including syn­ 411-431 Animal and vegetable oils and fats. thetic and reclaimed rubber. fective thirty (30) days after actual receipt 51203 Synthetic organic medicinal chem­ of said notice by the Board. The Surety 331-33296 Petroleum and petroleum prod­ icals. ucts. shall not be liable hereunder for the payment 54110-54990 Medicinal and pharmaceutical of any of the damages hereinbefore described 51209-51500 Chemicals, organic and in­ products. organic, except medicinal chemicals, pesti­ which arise as the result of any contracts, 82102 Hospital beds, hospital benches, etc. cides and agricultural chemicals, and agreements, undertakings, or arrangements 84111-85100 Clothing, accessories, and foot­ radioisotopes. made by the Principal for the supplying of wear. transportation and other services after the 57112-57140 Explosives and pyrotechnic 86111, 86120 Ophthalmic glass, lens blanks, products. termination of this bond as herein provided, and focus lenses, unmounted; and spec­ 58110-58199 Plastic materials, and other but such termination shall not affect the tacles and goggles. chemical products, n.e.c., except insecti­ liability of the Surety hereunder for the pay­ 86171 Medical, dental, surgical, opthalmic cides, fungicides, disinfectants and similar ment of any such damages arising as the and veterinary instruments and apparatus products. result of contracts, agreements, or arrange­ (other than electro-medical), except ap­ 62101-62989 Rubber manufactures, n.e.c. ments made by the Principal for the supply- paratus wholly made of polytetrafluoro- 67120-67930 Iron and steel. of transportation and other services ethylene. 68050-68950 Nonferrous metals.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 55------3 4784 RULES AND REGULATIONS

71110-71990 Nonelectric machinery, except covering exportations to Southern Rho­ (b) Specifications. Grape skin ex­ agricultural equipment. desia. These requests must be submitted tract (enocianina) shall conform to the 72210-72999 Electrical machinery, appara­ tus and appliances, except medical and to the U.S. Department of Commerce, following specifications: dental X-ray tubes and valves. Office of Export Control, Washington, Pesticide residues, not more than per­ 73201-73300 Automotive vehicles and other D.C. 20230. mitted in or on grapes by regulations pro­ vehicles, and parts and accessories. Effective. March 18, 1966. mulgated under section 408 of the Federal 73410-73492 Aircraft and parts. Food, Drug, and Cosmetic Act. (Sec. 3, 63 Stat. 7; 60 U.S.C. App. 2023; E.O. Lead (as Fb), not more than 10 parts per (c) Documentation in support of a 10945, 26 FJR. 4487; E.O. 11038, 27 F JL 7003) million. license application. A Form FC-842, Arsenic (as As), not more than 1 part per R axjerH. Me t e r , mUlion. Single Transaction Statement by Con­ Director, Office of Export Control. signee and Purchaser; PC-843, Multiple (c) Uses and restrictions. Grape skin Transactions Statement by Consignee [F.R. Doc. 66-3060; Filed, Mar. 21, 1966; 8:51 a.m.} ^extract (enocianina) may be safely used and Purchaser; a foreign import certifi­ for the coloring of still and carbonated cate; or any similar documentation sub­ drinks and ades, beverage bases, and mitted to the Office of Export Control alcoholic beverages subject to the follow­ in support of an application for a license Title 21— FOOD AND DRUGS ing restrictions: to export any commodity listed in para­ (1) It may not be used to color foods graph (b) of this § 384.8 to any destina­ Chapter I—-Food and Drug Admin­ for which standards of identity have tion will not be acceptable if it shows istration, Department of Health, been promulgated under section 401 of that reexport may be, or will be, made to Education, and Welfare the act unless artificial color is author­ Southern Rhodesia. ized by such standards. (d) Outstanding authorizations to ex­ SUBCHAPTER A— GENERAL (2) Its use in alcoholic beverages shall port or reexport commodities to Southern PART 8— COLOR ADDITIVES be in accordance with the provisions of Rhodesia. No commodity listed in para­ Parts 4 and 5, Title 27, Code of Federal graph (b) of this § 384.8 may be exported Subpart D— Listing of Color Addi­ Regulations. to Southern Rhodesia under an out­ (d) Labeling requirements. The label standing Project License, an outstanding tives for Food Use Exempt From Certification of the color additive and any mixtures Periodic Requirements license, or pur­ prepared therefrom intended solely or in suant to an outstanding Form FC-43, G rape Sk in E xtract (E nocianina) part for coloring purposes shall conform PC-143, or PC-243. These commodities to the requirements of § 8.32. The com­ may be exported to Southern Rhodesia Pursuant to the provisions of the Fed­ mon or usual name of the color additive only under the individual validated li­ eral Food, Drug, and Cosmetic Act (sec. is “grape skin extract” followed, if de­ censing procedure. Any other commodi­ 706 (b), (c)(2 ), (d), 74 Stat. 399, 402; sired, by “(enocianina)”. ties may continue to be exported to 21 UJ3.C. 376 (b ), (c) (2), (d )),' and (e) E x em p tion from certification. Southern Rhodesia in accordance with under the authority delegated to him by Certification of this color additive is not the provisions of the outstanding Project the Secretary of Health, Education, and necessary for the protection of the public License, Periodic Requirements License, Welfare (21CFR 2.120; 31 F.R. 3008), the health, and therefore batches thereof or pursuant to an outstanding Form FC- Commissioner of Food and Drugs, based are exempt from the certification re­ 43, PC-143, or PC-243. In addition, any on a petition (CAP 25) filed by Cav. quirements of section 706(c) of the act. commodity whether or not listed in para­ Geom. V. Nino Fomaciari, Milano, Italy, Any person who will be adversely af­ graph (b) above, may continue to be ex­ c/o Mr. Arthur A. Vioni, Attorney, 99 fected by the foregoing order may at any ported under an outstanding individual Joralemon Street, Brooklyn, N.Y., 11201, time within 30 days following the date validated license. and other relevant material, finds that of its publication in the F ederal R egis­ (e) Revision of destination control grape skin extract (anocianina) is safe ter file with the Hearing Clerk, Depart­ Statement on shipping documents. Sec­ for use as a color additive in or on foods ment of Health, Education, and Welfare, tion 379.10(c) of the Comprehensive Ex­ under the conditions prescribed in this Room 5440, 330 Independence Avenue port Schedule requires the exporter to order and that certification is not neces­ SW., Washington, D.C., 20201, written place a specified destination control sary for the protection of the public objections thereto, preferably in quin- statement on the Shipper’s Export Dec­ health. Therefore, it is ordered, That tuplicate. Objections shall show where­ laration, the Blil of Lading and the com­ Part 8 be amended by adding to Subpart in the person filing will be adversely af­ mercial invoice for all validated license D the following new section: fected by the order and specify with par­ shipments and most general license ship­ ticularity the provisions of the order ments, In completing the specified des­ §8.318 Grape skin extract (enocia- nina). deemed objectionable and the grounds tination control statement shown in for the objections. If a hearing is re­ § 379.10(c)(2) (ii) or (iii) of the Com­ (a) Identity. (1) The color additivequested, the objections must state the is­ prehensive Export Schedule for ship­ grape skin extract (enocianina) is a pur­ sues for the hearing, and such objections ments to any destination except South­ plish-red liquid prepared by the aqueous must be supported by grounds legally ern Rhodesia, of any commodity which extraction (steeping) of the fresh de­ sufficient to justify the relief sought. Ob­ may not be exported to Southern Rhode­ seeded marc remaining after grapes jections may be accompanied by a memo­ sia under General License G-DEST (see have been pressed to produce grape juice randum or brief in support thereof. paragraph (a)(1), the exporter is now or wine. It contains the common com­ required to add Southern Rhodesia to the Effective date. This order shall be­ ponents of grape juice; namely, antho- come effective 60 days from the date of list of excepted or prohibited destina­ cyanins, tartaric acid, tannins, sugars, its publication in the F ederal R egister, tions. minerals, etc., but not in the same pro­ (f) Reexportation requests. If a re­ except as to any provisions that may be portions as found in grape juice. During stayed by the filing of proper objections. quest is submitted to the Office of Ex­ the steeping process, sulphur dioxide is port Control for authorization to reex­ Notice of the filing of objections or lack added and most of the extracted sugars thereof will be announced by publica­ port to Southern Rhodesia a commodity are fermented to alcohol. The extract is tion in the F ederal R egister. previously exported from the United concentrated by vacuum evaporation, States, the request shall be supported by during which practically all of the al­ (Sec. 706(b), (c)(2), (d), 74 Stat. 399, 402; the additional information and docu­ cohol is removed. A small amount of 21 U.S.C. 376(b), (c) (2), (d )) mentation required under the previsions sulphur dioxide may be present. Dated: March 14,1966. of § 372.12(c) (2) (ii) of the Comprehen­ (2) Color additive mixtures for food sive Export Schedule. use made with grape skin extract (eno­ J . K . K irk, (g) Amendments of export licenses. cianina) may contain only those diluents Assistant Commissioner Field Offices will not take action on re­ listed in Subpart D of this part as safe for Operations. quests to extend the validity period of, and suitable in color additive mixtures [F.R. Doc. 66-2984; Filed, Mar. 21, 1966; or otherwise amend, validated licenses for coloring foods. 8:48 a.m.]

FEDERAL REGISTER, V O L 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4785

SUBCHAPTER B— FOOD AND FOOD PRODUCTS of the grain in accordance with section (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 (c )(1 )) PART 121— FOOD ADDITIVES 408 of the act does not exceed 25 parts per million of bromide (calculated as Dated: March 15,1966. Subpart D— Food Additives Permitted Br). (No tolerance is established for in Food for Human Consumption bromide in distilled spirits because there J . K . K irk, is evidence that inorganic bromides do Assistant Commissioner P otassium B rómate not pass over in the distillation process.) for Operations. The Commissioner of Food and Drugs, (b) To assure safe use of the additive, the label or labeling of the food additive [F.R. Doc. 68-2985; Filed, Mar. 21, 1966; having evaluated the data in a petition 8:48 a n .] (FAP 5A1690) filed by Northwestern shall bear, in addition to the other infor­ Malt and Grain Co., 375 Grain Exchange, mation required by the act, the follow­ Minneapolis, Minn., 55415, and other ing: relevant material, has concluded that (1) The name of the additive. PART 121— FOOD ADDITIVES the food additive regulations should be (2) Adequate directions for use. amended to provide for the safe use of (c) To assure safe use of the additive, Subpart F— Food Additives Result­ potassium brómate in the malting of the label or labeling of the treated malt ing From Contact With Containers barley used in the production of fer­ shall bear, in addition to other informa­ tion required by the act, the statement, or Equipment and Food Additives mented malt beverages and distilled Otherwise Affecting Food spirits. Evidence is available to show “Brewer’s Malt—To be used in the pro­ that the brómate quickly degrades to duction of fermented malt beverages only,” or “Distiller’s Mbit—To be used in Antioxidants and/ or S tabilizers bromide. The tolerance established for for P olymers bromide in fermented malt beverages the production of distilled spirits only,” provides for the total of bromide residues whichever is the case. The Commissioner of Food and Drugs, from the treatment with potassium Any person who will be adversely af­ having evaluated the data in a petition brómate in the malting of barley and fected by the foregoing order may at any (FAP 5B1688) filed by Union Carbide from the authorized fumigation of bar­ time within 30 days from the date of its Corp., 270 Park Avenue., New York, N.Y., ley. Therefore, pursuant to the pro­ publication in the F ederal R egister file 10017, and other relevant material, has visions of the Federal Food, Drug, and with the Hearing Clerk, Department of concluded that the food additive regu­ Cosmetic Act (sec. 409(c)(1), 72 Stat. Health, Education, and Welfare, Room lations should be amended to provide for 1786; 21 U.S.C. 348(c)(1)), and under 5440, 330 Independence Avenue SW., the safe use of an additional substance the authority delegated to the Commis­ Washington, D.C., 20201, written objec­ as an antioxidant and/or stabilizer for sioner by the Secretary of Health, Edu­ tions thereto, preferably in quintuplicate. polyamide resins used in the manufac­ cation, and Welfare (21 CFR 2.120; 31 Objections shall show wherein the per­ ture of articles that contact food. F.R. 3008), Part 121 is amended as son filing will be adversely affected by Therefore, pursuant to the provisions of follows: the order and specify with particularity the Federal Food, Drug, and Cosmetic 1. Section 121.1020 is amended by the provisions of the order deemed ob­ Act (sec. 409(c)(1), 72 Stat. 1786; 21 redesignating paragraph (c) as para­ jectionable and the grounds for the ob­ U.S.C. 348(c)(1)), and under the au­ graph (w), with changes, and by adding jections. If a hearing is requested, the thority delegated to the Commissioner by a new paragraph (c), as follows: objections must state the issues for the the Secretary of Health, Education, and hearing. A hearing will be granted if Welfare (21 CFR 2.120; 31 F.R. 3008), §121.1020 Inorganic bromide. the objections are supported by grounds § 121.2588(b) is amended by inserting ***** legally sufficient to justify the relief alphabetically In the list of substances (c) When the food additive is present, sought. Objections may be accom­ the following new item: as a result of the use of potassium bró­ panied by a memorandum or brief in mate treated malt, in fermented malt support thereof. § 121.2566 Antioxidants and/or stabi­ lizers for polymers. beverages and distilled spirits, as des­ Effective date. This order shall be­ cribed in §121.1194. come effective on the date of its publica­ ***** (d) -(v) [Reserved] tion in the F ederal R egister. (b) List of substances: (w) Where tolerances are established under sections 408 and 409 of the act on Limitations both the raw agricultural commodities * • • • • • and processed foods made therefrom, the p-tert-Amylphenol-formaldehyde res- For use only at levels not to exceed 2.1% by weight total residues of inorganic bromide in or ins produced when one mole of p- of polyamide resins that are: on the processed food shall not be terf-amylphenol is .made to react 1. Derived from dimerized vegetable oil acids greater than those specified in this under acid conditions with one mole (containing not more than 20% of mono- section. of formaldehyde. mer acids) and ethylenediamlne. 2. The following new section is added 2. Used in compliance with regulations in this to Subpart D: Subpart F.

§121.1194 Potassium bromate. • * - * • The food additive potassium bromate Any person who will be adversely af­ if the objections are supported by may be safely used in the malting of bar­ fected by the foregoing order may at any grounds legally sufficient to justify the ley under the following prescribed con­ time within 30 days from the date of its relief sought. Objections may be accom­ ditions: publication in the F ederal R egister file panied by a memorandum or brief in (a) (l) it is used or intended for usewith the Hearing Clerk, Department of support thereof. in the malting of barley under conditions Health, Education, and Welfare, Room whereby the amount of the additive 5440, 330 Independence Avenue SW., Effective date. This order shall be­ present in the malt from the treatment Washington, D.C., 20201, written objec­ come effective on the date of its publica­ tion in the F ederal R egister. does not exceed 75 parts per million of tions thereto, preferably in quintuplicate. bromate (calculated as B r), and the Objections shall show wherein the per­ (Sec. 4 09(c)(1), 72 Stat. 1786; 21 U.S.C. treated malt is used only in the produc­ »48(c)(1)) tion of fermented malt beverages or dis­ son filing will be adversely affected by tilled spirits. the order and specify with particularity Dated: March 15, 1966. the provisions of the order deemed ob­ (2) The combined residue in fer­ J . K . K irk , mented malt beverages resulting from jectionable and the grounds for the . Assistant Commissioner the use of the treated malt and addi­ objections. If a hearing is requested, for Operations. tional residues of inorganic bromides the objections must state the issues for [F.R. Doc. 66-2986; Filed, Mar. 21, 1966; which may be present from fumigation the hearing. A hearing will be granted 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4786 RULES AND REGULATIONS

cordingly, this amendment shall become (1) Classification of vessels; Title 16-COMMERCIAL effective immediately. (ii) Certification of vessels’ cargo The amendment reads as follows: gear; PRACTICES Section 20.30(a) is amended to read as (iii) Shipbuilding or ship repairing, or follows: both insofar as related to work on ves­ Chapter I— Federal Trade § 20.30 Eligibility for training allow* sels’ cargo handling gear; Commission ances. (iv) Unit and loose gear testing of ves­ sels’ cargo handling gear. PART 15— ADMINISTRATIVE (a) An unemployed individual selected (2) Applicants for accreditation under OPINIONS AND RULINGS and referred to training pursuant to the paragraph (a) (1) of this section for op­ provisions of section 202 of the Act and Use of Descriptions “Velvet” and erations in coastal or Great Lakes ports who is 17 years of age or older, or who who come within subdivisions (ii) or (iv) “Suede” for a Flocked Fabric is under age 17 but is the head of a fam­ shall not be accredited unless they con­ § 15.17 Use of descriptions “velvet” and ily or head of a household, may be eligi­ duct at least 1,500 hours of cargo gear “suede” for a flocked fabric. ble for a training allowance in accord­ certification work per year. ance with the provisions of this subpart, ***** (a) A Federal Trade Commission ad­ or the Railroad Retirement Board’s ac­ (33 U.S.C. 941) visory opinion informed a manufacturer count or a State’s account in the Un­ that the unmodified terms “velvet” and employment Trust Fund may be re­ Signed at Washington, D.C., this 15th “suede” could not properly be used to de­ imbursed, if he has had at least 2 years’ day of March 1966. scribe a flocked fabric. experience in gainful employment prior W . W illard W irtz, (b) The manufacturer had described to the week of training involved and, Secretary of Labor. the material in question as one formed for the week for which an allowance is of micro-cut flock fibres upstanding on sought, has been enrolled in accordance [F.R. Doc. 66-2976; Filed, Mar. 21, 1966; end and adhered to a suitable backing. with the requirements of the training 8:47 a.m .] The resulting fabric, it was said, has the facility in a training program: Provided, appearance and feel of velvet and suede. That not more than two persons in any (c) The Commission believes the con­ family or household shall receive a train­ suming public understands the unmodi­ ing allowance, other than a youth Title 32— NATIONAL DEFENSE fied term “suede” to connote leather and training allowance, for any week except the unmodified term "velvet” to con­ in an area designated as a redevelopment Chapter V— Department of the Army note, among other things, a particular area under any Federal Act authorizing SUBCHAPTER H— SUPPLIES AND EQUIPMENT kind of warp pile fabric. such designation. PART 621— LOAN OF PROPERTY (d) The fabric in question, therefore, *•**,.* may properly be designated only as (Sec. 207, 76 Stat. 29) Loan of Army/DSA Owned Property “suede fabric”, “suede cloth”; “velvet­ to Recognized Veterans’ Organiza­ like fabric” or “velvet-like cloth” or by Signed at Washington, D.C., this 11th words of similar import. The expres­ day of March 1966. tions for Use at National and State sions “sueded fabric”, “sueded cloth”; Conventions W . W illard W irtz, “velveted fabric” or “velveted cloth” or Secretary of Labor. words of similar import are also unobjec­ In § 621.1, the section heading and par­ tionable. [F.R. Doc. 66-2996; Filed, Mar. 21, 1966; agraphs (b) and (e) are revised to read 8:50 a.m.] as follows: (38 Stat. 717, as amended; 15 U.S.C. 41-58: 72 Stat. 1717, as amended; 15 TJJS.C. 70) §-621.1 Loan of Army/DSA owned Chapter XIII— Bureau of Labor property to recognized veterans’ or­ Issued: March 21, 1966. ganizations for use at National and Standards, Department of Labor State conventions. By direction of the Commission. PART 1505— GEAR CERTIFICATION ***** [seal! J oseph W . S hea, (b) Recognized organizations. This Secretary. Criteria Governing Accreditation section applies to the following veterans’ [F.R. Doc. 66-3017; Filed, Mar. 21, 1966; Pursuant to section 41 of the Long­ organizations and their youth affiliates. 8:51 a.m.] shoremen’s and Harbor Workers’ Com­ Requests for youth affiliates to have pensation Act (33 U.S.C. 941), I hereby loans of Army-owned property will be amend paragraph (a) of 29 CFR 1505.6 processed by the parent organizations: by adding a new provision at the end (1) Veterans of Foreign Wars of the Title 29— LABOR thereof to read as set forth below. United States. Because this provision constitutes a (2) American Legion. Subtitle A— Office of the Secretary of general statement of agency policy, no­ ( 3 ) Blinded Veterans Association. Labor tice of proposed rule making, public par­ (4) Disabled American Veterans. ticipation, and delay in effective date (5) Catholic War Veterans of the PART 20— OCCUPATIONAL TRAIN­ are not required by section 4 of the Ad­ United States of America. ING OF UNEMPLOYED PERSONS ministrative Procedure Act (5 U.S.C. (6) Jewish War Veterans of the United 1003). I do not believe such procedures States. Eligibility for Training Allowance will serve a useful purpose here. Ac­ (7) Legion of Valor of the United cordingly, the amendment shall become States of America, Inc. Pursuant to authority contained in effective immediately. (8) Disabled Officers Association. section 207 of the Manpower Develop­ As amended 29 CFR 1505.6(a) reads (9) The Military Order of the Purple ment and Training Act of 1962 (42 U.S.C. as follows: Heart, Inc. 2587), I hereby amend Title 29, Part 20 (10) United Indian War Veterans, of the Code of Federal Regulations as § 1505.6 Criteria governing accredita­ U.S.A. set forth below. tion. (11) Army and Navy Union, U.S.A. Section 4 of the Administrative Pro­ (a) (1) A person applying for accredi­ ( 12) United Spanish War Veterans. cedure Act (5 U.S.C. 1003) which re­ tation to issue registers and pertinent ( 13 ) Fleet Reserve Association. quires notice of proposed rules, oppor­ certificates, to maintain registers and (14) Military Order of the World tunity for public participation and delay appropriate records, and to conduct ini­ Wars. in effective data is not applicable be­ tial, annual and quadrennial surveys, (15) Regular Veterans’ Association. cause these rules only relate to public shall not be accredited unless he is en­ (16) Marine Corps League. benefits. I do not believe such procedure gaged in one or more of the following (17) American Veterans of World War will serve a useful purpose here. Ac­ activities : II (AMVETS).

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4787

(18) Coast Guard League. by the army commander and the request­ Note. Notwithstanding the foregoing, fac­ (19) American Veterans Committee. ing organization so as to expedite the tory inspections at the towns of Alliance (20) Army Mutual Aid Association. return of items. and Sebring, Ohio, shall be conducted by (21) National Tribune. marine inspectors assigned from the office of (xiv) That any transportation costs inthe Officer in Charge, Marine Inspection, at (22) Navy Mutual Aid Association. connection with the repair and renova­ Cleveland, Ohio, rather than from the office (23) National Jewish Welfare Board. tion of the property will also be at the of the Officer in Charge, Marine Inspection, (24) Italian American War Veterans expense of the using organization. Pittsburgh, Pa. of the United States, Inc. (2) When the veterans’ organization (25) Congressional Medal of Honor has been made aware of the conditions Subpart 3.35— Seventh Coast Guard Society, United States of America. under which the loan will be effected, an District (26) Veterans of World War I of the agreement will be executed between the U.S.A., Inc. 2. Sections 3.35-55 to 3.35-85, inclu­ army commander and the veterans’ or­ sive, are amended to read as follows: ***** ganization, embodying the conditions listed in subparagraph (1) of this para­ Sec. (e) Processing of loan. (1) After the 3.35- 55 Charleston Captain of the Port. army commander has received informa­ graph. 3.35- 60 Jacksonville Captain of the Port. tion as to the availability of the personal [AR 725-56, Jan. 21, 1966] (Sec. 3012, 70A 3.35- 65 Key West Captain of the Port. or real property for which loan is re­ Stat. 157; 10 USC 3012. Interpret or apply 3.35- 70 Miami Captain of the Port. quested, he will notify the requesting sec. 2541, 70A Stat. 142; 10 USC 2541) 3.35- 72 Port Canaveral Captain of the Port. 3.35- 75 San Juan Captain of the Port. veterans’ organization of the following: J . C. L ambert, 3.35- 80 Savannah Captain of the Port. (i) The items and quantities available M ajor G eneral, U.S. Army, 3.35- 85 Tampa Captain of the Port. for loan and the source from which sup­ The Adjutant General. ply of property will be effected. Authority : §§ 3.35-55 to 3.35-85 issued (ii) That no compensation will be re­ [F.R. Doc. 66-2952; Filed, Mar. 21, 1966; under sec. 3, 60 Stat. 238, and sec. 633, 63 8:45 a.m.] Stat. 545; 5 U.S.C. 1002, 14 U.S.C. 633. Treas­ quired by the Government for the use of ury Department Orders 120, July 31, 1950, 15 real property. F R . 6521; 167-17, June 29, 1955, 20 F.R. 4976. (iii) That no expense will be incurred by the United States in the loan of the § 3.35—55 Charleston Captain of the property. Title 33— NAVIGATION AND Port. (iv) The estimated costs which will be (a) The Charleston Captain of the required to be paid by the organization to NAVIGABLE WATERS Port Office is in Charleston, South cover transportation, packaging, packing, Carolina. and handling of the property from source Chapter I—-Coast Guard, Department (b) The Charleston Captain of the of supply to destination and return. of the Treasury Port area comprises all navigable waters (v) Charges which may accrue from SUBCHAPTER A— GENERAL of the United States and contiguous land loan of DSA materiel, as prescribed in areas within the following boundaries: DSA Regulation 4140.27. [CGFR 66-10] A line extending from the eastern side (vi) The bond that is required to be PART 3— COAST GUARD DISTRICTS, of Little River Inlet at 33°41’ N. latitude, furnished to insure the return of real MARINE INSPECTION ZONES, AND 78°33’ W. longitude, southwesterly to 33° and personal property to the Department CAPTAIN OF THE PORT AREAS N. latitude, 79° 18' W. longitude; thence of the Army in the same condition as that to 32°20' N. latitude, 80°04' W. longitude; in which it existed on the date of com­ Captain of the Port Areas in Seventh thence to Bay Point, Edisto Island; mencement of the loan. (In the case of Coast Guard District and Factory thence along the eastern shore of Edisto personal property, this amount will be Inspections at Sebring, Ohio River to 32°41' N. latitude; thence north­ equal to' the total value of the items, easterly to the South Carolina-North based on current prices indicated in ap­ The amendments to 33 CFR 3.35-55 to Carolina State boundary; thence to the plicable Department of the Army supply 3.35-85, inclusive, revise the boundary point of beginning. manuals.) descriptions of the Captain of the Port (vii) That the veterans’ organization § 3.35—60 Jacksonville Captain of the areas in the Seventh Coast Guard Dis­ Port. will furnish sufficient guards and such trict to bring these descriptions up-to- other personnel as may be necessary to date. The amendments to the notes (a) The Jacksonville Captain of the protect, maintain, and operate the prop­ following 33 CFR 3.10-50(b) and 3.45- Port Office is in Jacksonville, Fla. erty involved in the loan. 5(b) provide that the factory inspections (b) The Jacksonville Captain of the (viii) That the veterans’ organization at the town of Sebring, Ohio, shall be Port area comprises all navigable waters will pay all charges for water, gas, heat, conducted by marine inspectors assigned of the United States and contiguous land and electric current, if furnished, based from the office of the Officer in Charge, areas within the following boundaries: on meter readings or such other methods Marine Inspection, at Cleveland, Ohio, A line extending from a point located at as may be determined. rather than from the office of the Officer 30°50' N. latitude, 81°48' W. longitude, (ix) That any barracks building or in Charge, Marine Inspection, at Pitts­ east to 81°20' W. longitude; thence barracks loaned will be utilized in place burgh, Pa., for economic reasons. southeasterly to 30°20' N. latitude, 81°10' and will not be moved. By virtue of the authority vested in me W. longitude; thence south to 29°42.5' (x) That the period of the loan is as Commandant, U.S. Coast Guard, by N. latitude; thence west to 81°48' W. limited to 15 days from date of delivery section 632 in Title 14, U.S. Code, and longitude; thence north to the point of to the organization, except under unusual Treasury Department Orders 120, dated beginning. circumstances. July 31, 1950 (15 F.R. 6521), and 167-17, § 3.35—65 Key West Captain of the Port. (xi) That used property will be loaned dated June 29,1955 (20 F.R. 4976), as well in all cases when available. as the statutes cited with the regulations (a) The Key West Captain of the Port (xii) That upon termination of use, below, the following amendments are Office is in Key West, Fla. the veterans’ organization will vacate the prescribed and shall be in effect on and (b) The Key West Captain of the Port premises loaned, remove all of its own after the date of publication in the F ed­ area comprises all navigable waters of property therefrom, and turn over all eral R egister: the United States and contiguous land Government property in accordance with areas within the following boundaries: the procedures described in pertinent Subpart 3.10— Second Coast Guard A line extended from a point located at army regulations. District 25°16' N. latitude, 80°26' W. longitude, (xiii) That the costs of renovation and 1. The note following § 3.10>-5O(b) isalong southwest shoreline of Barnes repair after use at the conventions will amended to read as follows: Sound to eastern shoreline; thence 120° be at the expense of the using organiza­ T. to 25°05' N. latitude, 80°12' W. longi­ tion and that renovation and repair will § 3.10—50 Pittsburgh Marine Inspection tude; thence southwesterly to 24°44' N. Zone. latitude, 80°45' W. longitude; thence to be accomplished in a manner agreed upon * * * - * * 24°37' N. latitude, 81°07' W. longitude;

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4788 RULES AND REGULATIONS thence to 24°27' N. latitude, 81°44' W. 31°54' N. latitude, 81°22' W. longitude; § 3.45—5 Cleveland Marine Inspection longitude; thence west to 82°40' W. thence to 32°30' N. latitude, 80°55' W. Zone. longitude; thence north to 24°39' N. lati­ longitude; thence to 32°41' N. latitude, No te: Notwithstanding the forgoing, fac­ tude; thence east to 81°44' W. longitude; and eastern shore of Edisto River; tory inspections at the towns of Alliance and thence northeasterly to 25°05' N. lati­ thence along the eastern shore of Edisto Sebring, Ohio, shall be conducted by marine tude, 81°10' W. longitude; thence north­ River to the point of the beginning. Inspectors assigned from the office of the westerly to 25°41' N. latitude, 81°39' W. Officer in Charge, Marine Inspection, at § 3.35—85- Tampa Captain of the Port. Cleveland, Ohio, rather than from the office longitude; thence northeasterly to 2I5°48' of the Officer In Charge, Marine Inspection, N. latitude, 81°21' W. longitude; thence (a) The Tampa Captain of the Port Pittsburgh, Pa. to 25°53' N. latitude, 81°16' W. longitude; Office is in Tampa, Fla. thence southeasterly to the point of be­ (b) The Tampa Captain of the Port Dated: March 16, 1966. ginning. area comprises all navigable waters of [ seal] W . D. S hields, § 3.35—70 Miami Captain of the Port. the United States and contiguous land Vice Admiral, U.S. Coast Guard, areas within the following boundaries: (a) The Miami Captain of the Port Acting Commandant. A line extended from a point located at Office is in Miami, Fla. [F.R. Doc. 66-2907; Filed., Mar. 21, 1966; 25°53' N. latitude, 81°16' W. longitude, 8:60 a.mu] (b) The Miami Captain of the Port to 25°48' N. latitude, 81°21' W. longi­ area comprises all navigable waters of tude; thence southwesterly to 25°41' N. the United States and contiguous land latitude, 81°39' W. longitude; thence areas within the following boundaries: northwesterly to 26°20' N. latitude, Title 41— PUBLIC CONTRACTS A line extended from a point located at 82°90' W. longitude; thence to 26°30' N. 27°09.5' N. latitude, 80°18' W. longitude, latitude, 82° 15' W. longitude; thence to AND PROPERTY MANAGEMENT east to 80°05' W. longitude; thence 27°00' N. latitude, 82°30' W. longitude; southeasterly to 26°40' N. latitude, 79°55' thence to 27°30' N. latitude, 82°55' W. Chapter 9— Atomic Energy W. longitude; thence southerly to 25°30* longitude; thence west to 83°05' W. Commission N. latitude, 8O°02' W. longitude; thence longitude; thence north to 27°45' N. PART 9-16— PROCUREMENT FORMS to 25°05' N. latitude, 80°12' W. longitude; latitude; thence east to 82°55' W. longi­ thence 300° T. to the Key Largo western tude; thence north to 28°09' N. latitude; Subpart 9—16.1— Forms for Adver­ shoreline; thence along the southwest thence to 28°30' N. latitude, 82°59' W. tised Supply Contracts shoreline of Barnes Sound to 25° 16' N, longitude; thence to 29° N. latitude, latitude, 80°26' W. longitude; thence 83°05' W. longitude; thence to 29°30' N. Subpart 9—16.4— Forms for Adver­ northerly to 25°30' N. latitude, 80°21' W. latitude, 83°30' W. longitude; thence to tised Construction Contracts longitude; thence to 26°40' N. latitude, 29°50' N. latitude, 84°00' W. longitude; 80oll' W. longitude; thence to the point thence west to 84°20' W. longitude; Subpart 9-16.50— Contract Outlines of beginning. thence south to 29°40' N. latitude; thence Miscellaneous Amendments § 3.35—72 Pori Canaveral Captain of the west to 84°40' W. longitude; thence to Port. 29°32' N. latitude, 85°02' W. longitude; 1. In § 9-16.104-50 AEC additions to (a) The Port Canaveral Captain of thence 013° T. to eastern shore of Apala­ Standard Form 32, General Provisions the Port Office is in Port Canaveral, Fla. chicola River Inlet; thence along the (.Supply Contract) (September 1961 edi­ (b) The Port Canaveral Captain of eastern shoreline of Apalachicola River tion), the title is revised to read as fol­ the Port area comprises all navigable to 29°49.5' N. latitude; thence to 30° 10' lows: waters of the United States and con­ N. latitude, 84°20' W. longitude; thence § 9—16.104—50 AEC additions to Stand­ tiguous land areas within the following east to 84° W. longitude; thence south­ ard Form 32, General Provisions boundaries: A line extended from a point easterly to 29°00' N. latitude, 82°30' W. (Supply Contract) (June 1964 edi­ located at 29°42.5' N. latitude, 81°28' W. longitude; thence south to 28°03' N. tion) . longitude, east to 81°19' W. longitude; latitude; thence east to 82°20' W. longi­ 2. In § 9-16.404-52 AEC additions to thence southeasterly to 28°30' N. lati­ tude; thence south to 27°05' N. latitude; Standard Form 23A, G eneral Provisions tude, 80°27' W. longitude; thence to 27°- thence east to 82°00' W. longitude; (Construction Contract) (April 1961 09.5' N. latitude, 89°05' W. longitude; thence southeasterly to 26° 45' N. latitude, edition), the title is revised to read as thence west to 89° 18' W. longitude; 81°46' W. longitude; thence to 26°00' N. follows: thence to the point of beginning. latitude, 81°38' W. longitude; thence to § 3.35—75 San Juan Captain of the Port. the point of beginning. § 9—16.404—52 AEC additions to Stand­ ard Form 23A, General Provisions (a) The San Juan Captain of the Port Subpart 3.45— Ninth Coast Guard (Construction Contract) (June 1964 Office is in San Juan, P.R. District edition). (b) The San Juan Captain of the Port area comprises all navigable waters of 3. The note following § 3.45-5(b) is 3. The references cited in the follow­ the United States and contiguous land amended to read as follows: ing sections are revised to read as fol­ areas within the United States’ Com­ lows: monwealth of Puerto Rico and territory of the Virgin Islands. Section Present Reference New Beference § 3.35—80 Savannah Captain of the Port. 9-16.104-60(a)27.__ (A E C P B 9-7.5004-12) (A ECPB 9-7.5006-49) (a) The Savannah Captain of the 9-16.104-50(a)29.... (AECPB 9-7.5004-9). (A ECPB 9-7.5006-48) Port Office is in Savannah, Ga. 9-16.104-50(a)30.... (A ECPB 9-7.5004-23) (A ECPB 9-7.5006-52) (b) The Savannah Captain of the 9-16.404-50(b)(l).- (AECPB 9-7.5004-8). (A ECPB 9-7.5006-47) 9-16.404-50(b)(3).._ (AECPB 9-7.5004-7). (A EC PB 9-7.5006-46) Port area comprises all navigable waters 9-16.404-50(b) (7)— (A ECPB 9-7.6004-23) (A E C P B 9-7.5006-52) of the United States and contiguous 9-16.404-52(a)23.__ (AECPB 9-7.5004-8). (A E C P B 9-7.5006-47) 9-16.404-52(a)27.__ (A ECPB 9-7.5004-12) (A EC PB 9-7.5006-49) land areas within the following bound­ 9-16.404-52(a)28___ (A E C P B 9-7.5004-23) (A E C P B 9-7.5006-52) aries: A line extended from Bay Point 9-10.6002-1(6)...... (A ECPB 9-7.5004-23) (A E C P B 9-7.5006-52) 9-16.5002-2(2)...... §9-7.6006-28...... § 9-7.5007-4. Edisto Island, southeasterly to 32°20' N. 9-16.5002-2(10)____ §9-7.5004-19.______§ 9-7.5006-51. latitude, 80°04' W. longitude; thence 9-16.5002-2(17)...... §9-7.5004-12...... § 9-7.5006-49. 9-16.5002-2(20)...... §9-7.5004-18...... § 9-7.5006-50. southwesterly to 31°45' N. latitude, 81° 9-16.5002-2(26)...... FPB l-805-3(a)...... F P B l-1.805-3(a). W. longitude; thence to 30°50' N. lati­ 9-16.5002-2(33)...... 9-7.5004-7...... — 9-7.5006-46. tude, 81°23' W. longitude; thence west to 9-16.5002-2(34)____ (A E C P B 9-7.5004-23) (A ECPB 9-7.5006-52) 9-16.5002-3-3(b)___ (A E C P B 9-7.5004-23) (A E C P B 9-7.5006-52) 81°48' W. longitude; thence northerly to 9-16.5002-4, Art. II AECPB 9-7.6006-28..

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4789

8. In § 9-15.5002-8 Outline of fixed- Section Present Reference New Reference price contract for research and develop­ ment with educational institutions, Arti­ 9-16.5002-4, Art. V II...... AECPR 9-7.5004-7__ A ECPR 9-7.5006-46. 9-16.5002-4, Art. X II ...... AECPR 9-7.5004-19- A ECPR 9-7.5006-51. cle B-XXVI-—Soviet-Bloc Controls, is re­ 9-16.5002-4, Art. X I V ...... AECPR 9-7.5004-18- AECPR 9-7.5006-50. vised to read as follows: 9-16.5002-4, Art. X V I...... AECPR 9-7.5004-8— AECPR 9-7.5006-47. 9-16.5002-4, Art. X V III„_. AECPR 9-7.5006-15- AECPR 9-7.5007-2. § 9—16.5002—8 Outline of fixed-price 9-16.5002-4, Art. X X H L .. AECPR 9-7.5004-12.. A E C P R 9-7.5006-49. contract for research and develop­ 9-16.5002-4, Art. X X IX ... AECPR 9-7.5004-9— A E C P R 9-7.5006-48. 9-16.5002-4, Art. X X X I V .. AECPR 9-7.5004-23.. A E C P R 9-7.5006-52. ment with educational institutions. 9-16.5002-5, Art. V II...... AECPR 9-7.5004-7— A ECPR 9-7.5006-46. ***** 9-16.5002-5, Art. X III ____ AECPR 9-7.5004-19.. A ECPR 9-7.5006-51. 9-16.5002-5, Art. X V ...... AECPR 9-7.5004-18- A E C P R 9-7.5006-50. 9-16.5002-5, Art. X V II..... AECPR 9-7.5004-8... A ECPR 9-7.5006-47. Article B —XXVI—Soviet-B loc Controls 9-16.5002-5, Art. X IX ...... AECPR 9-7.5006-15- AECPR 9-7.5007-2. 9-16.5002-5, Art. X X V III.. AECPR 9-7.5004-9... A ECPR 9-7.5006-48. Insert the clause set forth in AECPR 9-16.5002-5, Art. XX X V II. AECPR 9-7.5004-23- A ECPR 9-7.5006-52. § 9-7.5006-53. 9-16.5002-6, Art. V III...... AEC PR 9-7.5004-7.. A E C P R 9-7.5006-46. 9-16.5002-6, Art. X II. ___ _ AECPR 9-7.5006-15- A E C P R 9-7.5007-2. . 9. In § 9-16.5002-9 Outline of cost- 9-16.5002-6, Art. X IX ...... AECPR 9-7.5004-8— AECPR 9-7.5006-47. 9-16.50C2-6, Art. X X ...... AECPR 9-7.5004-9... AECPR 9-7.5006-48. type contract for research and develop­ 9-16.5002-8, Art. B -X X III. AECPR 9-7.5004-23.. AECPR 9-7.5006-52. ment with educational institutions, Ar­ 9-16.5002-8, Art. B-X X IV . F P R 1-805-2...... FPR 1-1.805-2. 9-16.5002-9, Art. B-17...... AECPR 9-7.5004-8— A E C P R 9-7.5006-47. ticle B-36—Soviet-Bloc Controls, and (2 occurrences) (2 occurrences). Article B-38—Controls in the National 9-16.5002-9, Art. B-18...... AECPR 9-7.5004-9... AECPR 9-7.5006-48. Interest, are revised to read as follows: 9-16.5002-9, Art. B-23_____ A E C P R 9-7.5004-19.. AECPR 9-7.5006-51. 9-16.5002-9, Art. B-31...... FPR l-710-3(b)...... FPR l-1.710-3(b). § 9—16.5002—9 Outline of cost-type con­ FPR Section 1-710-2. FPR Section 1-1.710-2. 9-16.5002-9, Art. B-34...... AECPR 9-7.5004-23.. AECPR 9-7.5006-52. tract for research and development with educational institutions. 4. In § 9-16.5002-2 Outline of a cost- ices of operators, adjustments may be re­ * * * * * quired to avoid conflicts with the labor pro­ plus-a-fixed-fee supply contract (per­ Article R-36 Soviet-B loc Controls formed by commercial concerns in con­ visions of the construction contract. See tractor’s facilities), paragraphs (12), AECPR 9-58.) Insert the clause set forth in AECPR (14), and (23) are revised and new para­ Article VI—Payments. * * * § 9-7.5006-53. (Note A: An election is permitted between ***** graphs (35), (36), (37), (38), (39), and straight reimbursement for allowable costs (40) are added, as folows: incurred and claimed by the Contractor and Ar t ic l e B —38 C o n tr o ls in t h e Na tio n a l § 9—16.5002—2 Outline of a cost-plus-a- the system approved by the AEC of advances I n t e r e s t to the Contractor. A firm agreement should fixed-fee supply c o n tr a c t (per­ be reached at the outset as to one or the Insert the clause set forth in AECPR formed by commercial concerns in other of these methods of making payment § 9-7.5006-54. contractor’s facilities). for allowable costs and the appropriate ***** * * • • * article Included in the contract. Payments (12) Taxes— §9-11.452. on account of the fixed fee will in any case (Sec. 161, Atomic Energy Act of 1954, as * * * • * be made only as earned and claimed, in ac­ amended, 68 Stat. 948, 42 U.S.C. 2201; sec. cordance with contract provisions. See 205, Federal Property and Administrative (14) Patents—Appropriate patent article AECPR 9-30.) Services Act of 1949, as amended, 63 Stat. 390, or articles in accordance with AECPR 9-9. * * * * * 40 U.S.C. 486) * * * • • (23) Disputes—FPR 1-7.101-12, modified 6. In § 9-16.5002-5 Outline of a cost- Effective date. These amendments are by substituting “Commission” for “Secre­ plus-a-fixed-fee architect-engineer con­ effective 45 days after publication in the tary”. (See § 9-7.5004-3.) tract, Article VI—Payments, Note A is F ederal R egister, but may be observed * * * • * revised to read as follows: earlier. (35) Excusable delays—PPR 1-8.708. § 9—16.5002—5 Outline of a cost-plus-a- Dated at Germantown, Md., this 14th (36) Purchases from contractor-controlled fixed-fee architect-engineer contract. day of March 1966. sources— § 9-7.5006-33. (37) Permits—§ 9-7.5006-48. * * * * * For the U.S. Atomic Energy Commis­ (38) Price reduction for defective cost or Article VI— Payments. * * * sion. pricing data—FPR 1-3.814-1 (a), as required (Note A: Normally, payment for architect- engineer allowable costs incurred and J oseph L . S m ith, by that section. Director, Division of Contracts. (39) Subcontractor cost and pricing claimed, is made on the basis of straight data—FPR 1—3.814-3(a), as required by that reimbursement. Provision is made, however, [F.R. Doc. 66-2951; Filed, Mar. 21, 1966; section. for advancing funds to the contractor should 8:51 a.m.] (40) Consultant or comparable employ­ that be deemed advisable. Payments on ment services of contractor employees— account of the fixed fee shall in any case § 9-7.5006-45(a). be made only as earned and claimed in ac­ cordance with contract provisions. See Title 38— PENSIONS, BONUSES, 5. In § 9-16.5002-4 Outline of a cost- AECPR 9-30.) plus-a-fixed-fee construction contract, ***** Article V—Allowable costs and fixed fee, AND VETERANS’ RELIEF and Note A of Article VI—Payments, are 7. In § 9-16.5002-6 Outline of a Chapter I— Veterans Administration revised to read as follows: lump-sum architect-engineer, contract (with cost reimbursement features), Ar­ PART 3— ADJUDICATION § 9—16.5002—4 Outline of a cost-plus-a- ticle V—Payment, Notes B and C are fixed-fee construction contract. revised to read as follows: Subpart A— Pension, Compensation, ***** and Dependency and Indemnity Article V—Allowable costs and fixed fee. § 9—16.5002—6 Outline of a lump-sum Compensation Insert contract clause set forth in AECPR architect-engineer contract (with cost reimbursement features). 9-7.5006-9. Character of I ncome; E xclusions and (Payments for the use of the contractor’s ***** E states own construction plant and equipment are Article V—Payment. * * * made subject to an appendix to be attached In § 3.261 (a ), subparagraph (20) is at the time of execution of the construction ***** amended to read as follows: contract or subsequently added by agree­ (Note B : Include other items listed under ment of the parties. Payment for rental by AECPR 9-3.404-50 that are applicable.) § 3.261 Character of income; exclusions the prime contractor of construction plant (Note C: Include the definitions for “labor and estates. and equipment from third parties is made cost” and “traveling expenses” as set forth ♦ * * * ♦ subject to rental agreements to be approved in AECPR 9-3.404—50 (f).) oy the Contracting Officer. If such rental (a) Incom e: agreements are modified to include the serv- * * * * 4c * * ♦ * /*

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4790 RULES AND REGULATIONS PART 3— ADJUDICATION Pension; Pension; Dependency protected Public Law Subpart A—-Pension, Compensation, Dependency and indemnity (veterans, 86-211 See (parents) compensation widows, and (veterans, and Dependency and Indemnity (parents) children) widows, and children) Compensation Veterans E ducational Assistance; (a) I n c o m e : Accrued (20) Veterans Administration payments: Excluded___ Included_____ Excluded___ Excluded____ In § 3.1000, paragraph (g) is added to Compensation and dependency and indem­ ____ do______nity compensation. read as follows: World War I adjusted compensation____ ...... do______.do...... Included____ U.S. Government Life Insurance or Na­ Excluded___ § 3.1000. Under 38 U.S.C. 3021. tional Service Life Insurance for disability ***** or death, maturity of endowment policies, and dividends, including special and termination dividends. (g) Veterans educational assistance...... do...... Included____ Educational assistance allowance under ...... do...... Excluded____ Included...... 38 U.S.C. ch. 34 remaining due and un­ Subsistence allowance (38 Ü.S.C. ch. 31)___ Included___ ...... do...... paid at the date of the veteran’s death ...... do...... do...... is payable under the provisions of this of amounts expended for training. (38 U .S.C . ch. 34) section. Excluded... Excluded____ Excluded... Included____ (72 Stat. 1114; 38 U.S.C. 210; Public Law ____ do...... Excluded___ 89-358) Included, do...... Included, except ac­ except ac­ This VA regulation is effective June 1, crued as crued as reimburse­ reimburse­ 1966. m ent. m ent. Approved: March 15, 1966. By direction of the Administrator. (72 Stat. 1114; 38 U.S.C. 210; Public Law 89-358) [seal] Cy r il F . B rickfield, Deputy Administrator. This VA regulation is effective June 1,1966. [F.R. Doc. 66-2981; Filed, Mar. 21, 1966; Approved: March 15,1966. 8:47 am .] By direction of the Administrator. [ seal] Cy r il F . B rickfield, PART 3— ADJUDICATION Deputy Administrator. [F.R. Doc. 66-2983; Filed, Mar. 21,1966; 8:48 a.m.] Subpart B— Burial Benefits P ayment of B urial E xpenses of Deceased Veterans PART 3— adjudication result of disciplinary action, his award will be reduced as of the date of read­ In § 3.1600, the introductory portion Subpait A— Pension, Compensation, mission. A reentry 6 months or more preceding paragraph (a) is added and and Dependency and Indemnity after such discharge or release will be paragraphs (a) and (b) are amended Compensation considered as a new admission. (Public to read as follows: Law 89-362.) R eduction ; R eadmission to Hospital § 3.1600 Payment of burial expenses of ***** deceased veterans. 1. Section 3.551, paragraph (e) is 2. In § 3.552(b), subparagraph (3) is amended to read as follows: For the purpose of payment of burial amended to read as follows: expenses the term “veteran” includes a § 3.551 Reduction because of hospital* § 3.552 Adjustment of allowance for person who died during a period deemed ization. regular aid and attendance. to be active military, naval or air service ***** ***** under § 3.6(b) (6). (Public Law 89-360.) (a) Wartime veterans. When a vet­ (e) Readntission— (1) Approved dis­ (b) * * * charge. Except as provided in paragraph eran of any war dies, an amount not to (3) Where a veteran affected by theexceed $250 (250 Philippine pesos in (c) of this section, where a veteran has provisions of subparagraphs (1) and (2) been given an approved discharge or re­ those cases covered in § 3.8 (c) and (d)) of this paragraph is discharged or re­ is payable on the burial and funeral ex­ lease, readmission the next day to the leased from the hospital against medical same or any other Veterans Administra­ penses and transportation of the body advice or as the result of disciplinary to the place of burial, if otherwise en­ tion institution begins a new period of action, and is readmitted to such hos­ hospitalization, unless the veteran was titled within the further provisions of pitalization within 6 months after that §§ 3.1600 through 3.1611. For this pur­ released for purposes of admission to an­ date, the allowance, additional compen­ other Veterans Administration institu­ pose the period of any war is as defined sation, or increased pension will be dis­ in § 3.2, except that World War I ex­ tion. continued effective the day preceding the (2) Unapproved discharge. When a tends only from April 6, 1917, through date of readmission. A readmission 6 November 11, 1918, or if the veteran veteran whose award is subject to re­ months or more after such discharge or duction under paragraph (b) of this sec­ served with the U.S. military forces in release will be considered as a new ad­ Russia, through April 1,1920. tion has been discharged or released from mission. (38 U.S.C. 3203(f) ; Public Law (b) Peacetime veterans. A veteran ot a hospital against medical advice or as 89-362.) service other than during a war period the result of disciplinary action, reentry ***** within 6 months from the date of a pre­ has basic entitlement: vious admission constitutes a continua­ (72 Stat. 1114; 38 U.S.C. 210) (1) If he was discharged or retired tion of that period of hospitalization, and from active service for a disability in- These VA regulations are effective curred or aggravated in line of duty. his award will not be reduced prior to March 7, 1966. The official service department records the first day of the seventh calendar showing that the veteran was discharged month following the month of his orig­ Approved: March 16, 1966. or released from service for disability in­ inal admission, exclusive of furloughs. By direction of the Administrator. Except as provided in the preceding [seal] Cy r il F . B rickfield, curred in line of duty will be accepted sentence, if a veteran reenters a hospital Deputy Administrator. for this purpose, notwithstanding, that within 6 months after his discharge or [F.R. Doc. 66-2980; Filed, Mar. 21, 1966; the Veterans Administration has deter­ release against medical advice or as a 8:47 a.m.] mined, in connection with a claim for

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4791 monetary benefits, that the disability health professions student loan program, in such school or, if later, upon comple­ was not incurred in line of duty; or including, among other things, the ex­ tion of a project for construction as pro­ (2) If he was at the time of his death tension of such loans (effective July 1, vided under section 721(b) (1) (B) (ii) of in receipt of, or but for receipt of retire­ 1966) to students at schools of pharmacy the Act. Where the university has more ment pay would have been entitled to re­ and podiatry, and provision for cancella­ than one such school, each is eligible to ceive disability compensation; or tion of a portion of the loan of a bor­ participate individually, and may only (3) Where the official service records rower who engages in the practice of participate individually, in the Health show discharge for a reason other than medicine, dentistry, osteopathy or op­ Professions Student Loan Program. disability but also show a service-con­ tometry in a “shortage area.” ***** nected disability for which the veteran Except as otherwise specifically stated, was receiving treatment at time of dis­ the amendments below shall become ef­ (f) Institution. The term “institu­ charge and the Veterans Administration fective on the date of publication in the tion” means a school of medicine, school determines that the facts were sufficient F ederal R egister. of dentistry, school of osteopathy, school to have warranted a discharge for dis­ 1. Section 57.201 is amended to read of optometry, school of pharmacy or ability incurred in line of duty. If the as follows: school of podiatry. Where two or more veteran was not wider treatment for such schools exist in a university, each such disability at time of discharge, en­ § 57.201 Policy and purpose of the such school is regarded as a separate Health Professions Student Loan institution for the purposes of the regu­ titlement exists if the Veterans Admin­ Program. istration determines that the disability lations in this subpart. in medical judgment was of such charac­ Part C of Title VIE of the Public Health (g) Institutional application to par­ ter, duration and degree as to have jus­ Service Act, as amended, authorizes the ticipate in the Health Professions Stu­ tified a discharge for disability incurred Health Professions Student Loan Pro­ dent Loan Program. An “institutional in line of duty; or gram. Under this program, Health Pro­ application to participate in the Health (4) If he dies of a service-connected fessions Student Loan funds will be es­ Professions Student Loan Program” disability. (Public Law 89-360.) tablished at participating schools of means: medicine, dentistry, osteopathy and op­ ***** Payments will be for the same purposes tometry, and, effective July 1, 1966, at and in the same amounts as provided in participating schools of pharmacy and (3) If the institution’s capital con­ paragraph (a) of this section. podiatry, in a State. The purpose of tribution is to be financed in whole or in ***** these funds is to make long-term, low part through a Federal institutional loan, (72 Stat. 1114; 38 U.S.C. 210) interest loans to qualified students who an application in such form as the Sur­ are in need of such financial assistance geon General may require, for a Federal This VA Regulation is effective March in order to pursue a full-time course of Institutional loan pursuant to section 7,1966. study leading to the degree of Doctor of 744 of the Act. Approved: March 16,1966. Medicine, Doctor of Dental Surgery or ***** an equivalent degree, Doctor of Oste­ By direction of the Administrator. (n) Course of study; full-time course opathy, Doctor of Optometry or equiva­ o f study. (I) “Course of study” means [ seal] Cy r il P . B rickfield, lent degree, Bachelor of Science in Phar­ the curriculum offered by a school of Deputy Administrator. macy or equivalent degree, or Doctor of medicine, dentistry, osteopathy, optom­ (P.R. Doc. 60-2982; Filed, Mar. 21, 1966; Podiatry or equivalent degree. etry, pharmacy or, podiatry, satisfactory 8:48 am .] 2. Subparagraph (1) of paragraph completion of which entitles a student (d), paragraph (f), subparagraph (3) of to receive a degree of Doctor of Medicine, paragraph (g), and subparagraphs (1) Doctors, of Dental Surgery or equivalent and (3) of paragraph (n) of § 57.202 are degree, Doctor of Osteopathy, Doctor of amended to read as follows: Optometry or equivalent degree, Bache­ Title 42— PUBUC HEALTH lor of Science in Pharmacy or equiva­ Chapter I— Public Health Service, De­ § 57.202 Definitions. lent degree, or Doctor of Podiatry or ***** partment of Health, Education, and equivalent degree, or, where a school Welfare (d) School of medicine, dentistry, os­offers only 2 years or other portion of teopathy, optometry, pharmacy or podi­ such curriculum, the term applies to the SUBCHAPTER D— GRANTS atry. (1) The terms “school of medi­ portion of the curriculum offered by such cine,” “school of dentistry,” “school of PART 57— GRANTS FOR CONSTRUC­ school. ^ osteopathy,” “school of optometry,” * * * * * TION OF HEALTH RESEARCH FA­ “school of pharmacy,” and “school of CILITIES (INCLUDING MENTAL RE­ podiatry” mean a school which provides (3) These terms do not include that preprofessional training which is pre­ TARDATION RESEARCH FACILITIES), training leading respectively to a degree of Doctor of Medicine, Doctor of Dental requisite to acceptance for enrollment TEACHING FACILITIES AND STU­ in a school of medicine, dentistry, osteop­ DENT LOANS Surgery or equivalent degree, Doctor of Osteopathy, Doctor of Optometry or athy, optometry, pharmacy or, podia­ equivalent degree, Bachelor of Science in try, nor do they include internship or Subpart C— Student Loans (Excluding residency training. Nursing Student Loans) Pharmacy or equivalent degree, or Doctor of Podiatry or equivalent degree, and ***** Pharmacy and P odiatry, P racticing in which is accredited by a recognized body 3. Paragraph (c) of § 57.206 is amend­ Shortage Area; M iscellaneous or bodies approved for such purpose by ed to read as follows: Amendments the Commissioner, except that a new § 57.206 Eligibility and selection of stu­ school which (by reason of no, or an in­ dent loan recipients. Notice of proposed rule making, pub­ sufficient, period of operation) is not, at lic rule making procedures and post­ the time of entering into an agreement ***** ponement of effective date have been for Federal Capital Contributions, eligi­ (c) Limitations governing maximum omitted in the issuance of the following ble for accreditation by such a recognized amount of loans. The total of the }oans amendments to Subpart C—Student body or bodies, shall be deemed ac­ from any Fund or Funds for any aca­ Loans (Excluding Nursing Student credited for the purposes of such agree­ demic year to any student may not exceed Loans), which relate solely to loans to ment if the Commissioner finds, after $2,500 or the amount of such student’s students of medicine, dentistry, osteop­ consultation with the appropriate ac­ financial need, whichever is the lesser. athy, optometry, pharmacy and podia­ creditation body or bodies, that there is However, when a student during a 12- try. The purpose of these amendments reasonable assurance that the school will month period pursues the course of study is to implement those provisions of Pub­ meet the accreditation standards of such for a longer period than an academic lic Law 89-290 which amended the Pub- body or bodies prior to the beginning of year, he may borrow more than $2,500 lic Health Service Act to provide for the the academic year following the normal on an academic year equivalent basis. extension of and improvement in the graduation date of the first entering class *****

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 56— 4 4792 RULES AND REGULATIONS

4. Paragraph (a) of § 57.207 is for each year of such practice thereafter, a portion of his loan canceled for any amended to read as follows: up to 50 per centum of the total of such year in which he continues to practice unpaid amount (plus accrued interest his profession in such area. § 57.207 Advancement and repayment thereon). (5) For the purposes of subparagraph of student loans. (2) For purposes of subparagraph (1) (1) of this paragraph, the State health authority shall certify to the Surgeon (a) Evidence of indebtedness—Note. of this paragraph, the State health au­ thority may designate as areas in the General in such form at such times as the (1) The note which shall be executed by Surgeon General may prescribe: (i) The a student-borrower shall be in such form State in which there is a shortage of and need for physicians, dentists, or optome­ areas of his State which he has deter­ as shall be approved by the Surgeon Gen­ mined to be shortage areas and (ii) the eral. Except for a provision reflecting trists any county (or established com­ parable political subdivision in those names of loan recipients whose practice an institution’s election to require se­ in such areas he has determined help to curity or endorsement in cases permitted States in which there are no counties) in which the ratio of practicing physi­ meet the shortage of and need for physi­ under paragraph (b) of this section, any cians, dentists, or optometrists, in the substantive deviations from the promis­ cians, dentists, or optometrists respec­ tively to the most recent available esti­ designated area in accordance with the sory note form so approved shall be made criteria prescribed in this paragraph. only pursuant to approval by the Sur­ mated population in the county is lower geon General prior to the making of any than the following ratios: Dated: March 3, 1966. loans to be evidenced thereby. Each Physicians (M.D. and D.O.)— 1:800. [seal] W illiam H. S tewart, promissory note shall set forth the an­ Dentists—1:2,300. Surgeon General. nual interest rate which is to be borne Optometrists—1:10,000. by the loan during the period the loan is Provided, That the State health au­ Approved: March 12, 1966. repayable. Such interest rate shall be 3 thority may, with the approval of the W ilbur J . Cohen, percent per year or the “going Federal Surgeon General, designate as shortage Acting Secretary. rate” as defined in section 741(e) of the areas: (i) Geographical areas other than [F H . Doc. 66- 2994; Filed, Mar. 21, 1966; Act, whichever rate is the higher. The counties where he finds that the use of 8:49 a.m.] rate of interest thus determined for the another classification of areas of the first loan obtained by a student shall also State will better reflect the administra­ apply to any subsequent loan to such tive, geographical, or other needs of the student from such fund during his course State, and (ii) those counties or other Title 43— PUBLIC LANDS: of study. Prior to the beginning of each geographical areas in which the ratio of Federal fiscal year, the Surgeon General such professional personnel to population INTERIOR shall advise each participating school of is equal to or greater than the ratios Chapter II— Bureau of Land Manage­ the amount of the going Federal rate of specified above in special circumstances ment, Department of the Interior interest for the fiscal year. such as (a) in accessibility of medical (2) Each promissory note shall also services to the residents of the area, (b) APPENDIX— PUBLIC LAND ORDERS contain a provision whereby the bor­ age or incapacity of professionals ren­ [Public Land Order 3950] rower agrees (i) that, for repayment pur­ dering service, and (c) particular local poses, all student loans made to him shall health problems. [Nevada 065561] be combined into a total loan, and (ii) (3) For purposes of subparagraph (1) NEVADA that each payment made by him-shall be of this paragraph, in determining applied to the principal sum of the total whether the practice of a physician, Withdrawal in Aid of Legislation loan and accrued interest thereon. dentist, or optometrist in a shortage area By virtue of the authority vested in the (3) A copy of each executed note shall helps to meet the shortage of and need be supplied to the student maker thereof. Secretary of the Interior by section 4 of for such professional services in the area, the act of March 3, 1927 (44 Stat. 1347; * * * * * the State health authority shall take into 25 U.S.C. 398d), it is ordered as follows: consideration the amount of time which 5. Section 57.208 is amended by adding 1. Subject to valid existing rights, the the practitioner devotes to serving the following described lands which are un­ at the end thereof a new paragraph (c ), health needs of persons living in the to read as follows: der jurisdiction of the Secretary of the area; the extent to which his services are Interior, are hereby temporarily with­ § 57.208 Provisions for student loan generally available to residents of the drawn from all forms of appropriation cancellations. area; and such other factors as will per­ under the public land laws, including mit the State health authority to deter­ ***** the mining laws (Title 30 U.S.C., mine that the physician, dentist, or op­ Ch. 2), but not from/leasing under the (c) Practicing in a shortage area. tometrist is substantially helping to meet mineral leasing laws, in aid of legisla­ (1) Subject to the provisions of section the shortage of and need for professional tion: 741(f) of the Act and of this paragraph ’services for residents of the area. Mount Diablo Meridian any person who obtained one or more (4) For purposes of subparagraph (1) of this paragraph, a year of practice in T. 41 N., R. 26 E., loans from a loan fund established under Sec. 7, lots 1 to 4, incl., Sy2NEV4 and NWV4 Part C of Title EE of the Act and who en­ a shortage area means any 12-month NE&; gages in the practice of medicine, dentis­ period of continuous practice (i) after Sec. 8, N&. try, optometry, or osteopathy in an area the date the person begins practice in having a shortage of and need for physi­ such area if the area is at that time The areas described aggregate 608.38 cians, dentists, or optometrists, and designated as an area in which there is acres. whose practice is certified by the State a shortage of and need for physicians, 2. The withdrawal made by this order health authority (as designated for pur­ dentists, optometrists, or (ii) after the does not alter the applicability of the poses of section 314 of the Public Health date the area is designated as such area public land laws governing the use of the Service Act) as helping to meet the short­ if the area was so designated subsequent lands under lease, license, or permit, or age of and need for such professional to the date that such person began prac­ governing the disposal of their mineral services, shall be entitled, upon com­ ticing in such area: Provided, That, when or vegetative resources other than under pliance with the statute, regulations, and an area’s designation is changed, after a the mining laws. instructions, to have a portion of such practitioner would otherwise be eligible Harry R . Anderson, loans cancelled as follows: 10 per centum for cancellation of a portion of his loan Assistant Secretary of the Interior. of the total of such loans (plus accrued by practicing in such area, so that such interest on such amount) which are un­ area is no longer a shortage area, such March 15, 1966. paid as of the date that such person’s change in designation shall not affect [F.R. Doc. 66-2963; Filed, Mar. 21, 1966; professional services begin in such area, the eligibility of such practitioner to have 8:46 am .]

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4793

[Public Land Order 3951] 1. The departmental orders of No­ Lincoln National F orest [Anchorage 062763] vember 26, 1905, and October 23, 1907, WEED ADMINISTRATIVE SITE November 19 and 25, 1907, and January ALASKA T. 17 S., R. 14 E., 7, 1908, February 12, 1908, and October Sec. 19, SE%SE%; Revoking Bureau of Land Manage­ 6,1908, and Public Land Orders No. 1120 Sec. 29, SW%NW]4; ment Order of June 12, 1953, and of April 12, 1955, No. 1230 of Septem­ Sec. 30, Ny2NEi,4. ber 27, 1955, No. 1663 of June 23, 1958, Public Land Order No. 1508 of Sep­ and No. 1902 of July 15,1959, withdraw­ The areas described aggregate ap­ tember 12, 1957 ing lands as administrative sites and proximately 2,758 acres. experimental ranges are hereby revoked 2. At 10 a.m. on April 20,1966, the na­ By virtue of the authority vested in the tional forest lands described above will President and pursuant to Executive Or­ so far as they affect the following de­ scribed lands: be open to such forms of disposition as der No. 10355 of May 26, 1952 (17 F.R. may by law be made of national forest 4831), and by virtue of the authority con­ New Mexico P rincipal Meridian (Public lands. L ands) tained in the act of May 31,1938 (52 Stat. 3. At 10 a.m. on April 20, 1966, the 593; 48 U.S.C. 353a), it is ordered as fol­ BLANCO ADMINISTRATIVE SITE public lands described as SW &NE& lows: T. 29 N., R. 9 W., Sec. 17, T. 20 N., R. 9 W., New Mexico 1. The order of the Bureau of Land Sec. 17, SWÎ4NE&. Principal Meridian, New Mexico, which Management of June 12, 1953, and Pub­ Apache National F orest were withdrawn for use by the Forest lic Land Order No. 1508 of September 12, Service as the Blanco Administrative 1957, withdrawing public lands by metes MANGAS RANGER STATION Site, shall be open to operation of the and bounds for protection of the water T. 2 S., R. 15 W., public land laws generally, subject to supply of the Mount Edgecumbe Board­ Sec. 36, SW&NEÎ4, NW&, N%SW&, valid existing rights, the provisions of ing School and Medical Center and the NW&SE&. existing withdrawals and the require­ city of Sitka are hereby, revoked. The EL CASO LOOKOUT ments of applicable law. All valid appli­ lands are now described as cations received at or prior to 10 a.m. on U.S. Survey 3695, Lots 1 and 2. T. 2 S., R . 16 W., Sec. 27, SE.^SE^. April 20, 1966, shall be considered as The areas described aggregate 68.28 simultaneously filed at that time. acres. POX MOUNTAIN LOOKOUT Those received thereafter shall be con­ 2. A water system, the right or title to T. 3 S., R . 18 W., sidered in the order of filing. which is claimed by the city of Sitka, Sec. 3, EyzSE&NW&.NW&SEi/i. 4. The lands described in paragraph 3 occupies a portion of the lands. JEWETT RANGER STATION have been open to applications and offers 3. Until 10 a.m. on June 14, 1966, the under the mineral leasing laws. They T. 4 S., R . 17 W., will be open to location under the U.S. State of Alaska shall have a preferred Sec. 8, S'/aNE^, SE%. right to select the lands as provided by mining laws at 10 a.m. on April 20, 1966. the act of July 28, 1956 (70 Stat. 709; 48 LUNA RANGER STATION 5. The State of New Mexico has U.S.C. 46-3b), section 6(g) of the Alaska T. 5 S., R.20W ., waived the preference right of applica­ Statehood Act of July 7, 1958 (72 Stat. Sec. 32,NE%. tion granted to certain States by R.S. 2276 as amended (43 U.S.C. 852). 339), and the regulations in 43 CFR Carson National F orest 2222.9. Inquiries concerning the lands should 4. This order shall not otherwise be­ CEBOLLA MESA EXPERIMENTAL RANGE be addressed to the Chief, Division of come effective to change the status of T. 28 N., R . 12 E., Lands and Minerals Program Manage­ the lands until 10 a.m. on June 14,1966. Sec. 28, lots 3, 4, and sy2NW& ; ment and Land Office, Bureau of Land At that time they shall be open to the Sec. 29, NE%, E%NW%, NW%SE%i Management, Santa Fe, N. Mex. operation of the public land laws gener­ NO AQUA EXPERIMENTAL RANGE H arry R . Anderson, ally, including the mining laws, subject T. 29 N., R . 9 E., Assistant Secretary of the Interior. to valid existing rights, the provisions Sec. 32, N%; M arch of existing withdrawals and the require­ Sec. 33,Ny2. 15,1966. ments of applicable law. All valid appli­ CANJILON ADMINISTRATIVE SITE [F.R. Doc. 66-2965; Filed, Mar. 21, 1966; cations received at or prior to 10 a.m. 8:46 a.m.] on June 14, 1966, will be considered as T. 26 N., R . 5 E., simultaneously filed at that time. Those Sec. 2, Sy2SE%; received thereafter will be considered in Sec. 11, Ny2N E%. [Public Land Order 3953] the order of filing. VALLECITOS ADMINISTRATIVE s i t e [Anchorage 060246] Inquiries concerning the lands should be addressed to the Manager, Anchorage T. 26 N., R. 7 E., ALASKA District and Land Office, Bureau of Land Sec. 5, Metes and bounds survey as per plait Management, Anchorage, Alaska. attached to order of withdrawal. Withdrawal for Bradley Lake H arry R . Anderson, FELIPITO ADMINISTRATIVE SITE Hydroelectric Project Assistant Secretary of the Interior. T. 27 N., R. 7 E., By virtue of the authority vested in the March 15, 1966. Sec. 9, Metes and bounds survey as per plat President and pursuant to Executive attached to order of.withdrawal. [F.R. Doc. 66-2964; Piled, Mar. 21, 1966; Order No. 10355 of May 26,1952 (17 F.R. 8:46 am ,] JICARILLA ADMINISTRATIVE SITE 4831), it is ordered as follows: 1. Subject to valid existing rights, the T. 29 N., R. 4 W., [Public Land Order 3952] Sec. 1, lots 12, 13, 15, S%NH$4SE%, SE% following described public lands in Alas­ ka are hereby withdrawn as indicated, [New Mexico 0558303] SE%; Sec. 12, lot 1, N%N%NZ%. and reserved under jurisdiction of the NEW MEXICO Corps of Engineers, Department of the LOWER SAN ANTONE ADMINISTRATIVE SITE Revocation of National Forest Admin­ Army, for the Bradley Lake Hydroelec­ T . 30 N., R. 7 E., tric Project, as authorized by the Flood istrative Sites and Experimental Sec. 1, E%SE%. Control Act of 1962 (76 Stat. 1193): Range Withdrawals Cibola National F orest (a) From all forms of appropriation By virtue of the authority vested in the under the public land laws, including the President and pursuant to Executive CANON LOBO ADMINISTRATIVE SITE mining laws (Title 30 U.S.C., Ch. 2), but Order No. 10355 of May 26, 1952 (17 P.R. T. 11 N., R. 8 W., not from leasing under the mineral leas­ 4831), it is ordered as follows: Sec. 6, Ny2SE^4, SW&SE&. ing laws:

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4794 RULES AND REGULATIONS

ount iablo eridian S eward Meridian (P rotracted) The areas described aggregate approxi­ M D M T. 5 S., R. 8 W., mately 10,146 acres. T. 12 N., R. 20 E., Sec. 19; 2. The withdrawal made by this order Sec. 13.SEV4SW&. Sec. 20, W%; does not alter the applicability of the Containing 40 acres. public land laws governing the use of the Sec. 29, NW%; 2. At 10 a.m. on April 20, 1966, the Secs. 30 and 31. lands under lease, license, or permit, or lands shall become subject to operation T. 6 S., R. 8 W., governing the disposal of their mineral Sec. 5,SW%; of the public land laws generally, sub­ or vegetative resources other than under ject to valid existing rights, the provi­ Sec. 6; the mining laws, as the same apply to Sec. 7, EVi andNWy4; sions of existing withdrawals, and the re­ the lands described in subparagraph Sec. 8; quirements of applicable law. All valid Sec. 9, SW^4; 1(a). applications received at or prior to 10 Harry R . Anderson, Sec. 16, W& and SEi/4; ajn. on April 20, 1966, shall be con­ Sec. 17; Assistant Secretary of the Interior. Sec. 18, NE%; sidered as simultaneously filed at that Sec. 20, N%; M arch 15, 1966. time. Those filed thereafter shall be Sec. 21, N%. [F.R. Doc. 66-2966; Piled, Mar. 21, 1966; considered in the order of filing. T. 4 S., R. 9 W., 8:46 a.m.] 3. The lands have been open to appli­ Secs. 29 to 32, Incl. cations and offers under the mineral T. 5 S., R. 9 W., leasing laws. They will be open to lo­ Sec. 3, SEV4; [Public Land Order 3954] cation under the U.S. mining laws after Sec. 5, E%; [Washington 05071 ] 10 a.m. on April 20,1966. Secs. 6, 7, and 8; Sec. 9, ; WASHINGTON Inquiries concerning the lands should Sec. 10; be addressed to the Manager, Land Of­ Sec. 11.SW&; Powersite Modification No« 442, fice, Bureau of Land Management, Reno, Sec. 13,sya; Columbia River, Wash. Nev. Secs. 14 to 18, incl.; Harry R. Anderson, Sec. 19, N% and SE%; By virtue of the authority contained in Assistant Secretary of the Interior. Sec. 20, NVi and SW%; the act of March 3,1879 (20 Stat. 394; 43 Sec. 21, N%; U.S.C. 3 1 ), and 1950 Reorganization Plan March 15,1966. Sec. 22, Ny2 an dE W ^ ; Secs. 23, 24, and 25; No. 3 (64 Stat. 1262; 5 U.S.C. 133Z-15, • [P.R. Doc. 66-2968; Filed, Mar. 21, 1966; Sec. 26, NVi and SW&; note), it is ordered as follows: 8:46 a.m.] Sec. 29.NW&; The Departmental order of June 22, 1944, establishing Powersite Classifica­ Sec. 30, NE%; [Public Land Order 3956] Sec. 36, E%. tion No. 349, and the order of April 4, T 4 S., R. 10 W., 1950, of tiie Geological Survey creating [Fairbanks 010043, 034580] Sec. 25, area east of Sheep Creek; Powersite Classification No. 405, are here­ Sec. 35, all south of Kachemak Bay; by modified to the extent necessary to ALASKA Sec. 36. permit the grant of a highway right-of- Partial Revocation of Public Land Or­ T.5S..R. 10W., way under R.S. 2477 (43 U.S.C. 932), to Secs. 1 to 4, incl.; der No. 1173; Withdrawal for Ad­ Kittitas County, Wash., for construc­ Sec. 9, NE*4; ministrative Site Secs. 10 to 14, incl.; tion of a public highway over the follow­ Sec. lS.NytSEft; ing described lands, as shown on a map By virtue of the authority vested in Sec. 24, NVfc.. on file with the Bureau of Land Man­ the President and pursuant to Executive agement under Washington 05071: The areas described aggregate approxi­ Order No. 10355 of May 26, 1952 (17 FH. mately 27,957 acres. Willam ette Meridian 4831), and by virtue of the authority con­ (b) From all forms of appropriationT. 16 N., R. 23 E., tained in the act of May 31,1938 (52 Stat. under the public land laws, except that Sec. 6, lot 2; 593; 48 U.S.C. 353a), it is ordered as the lands shall be open to operation of Sec. 18,E% SE]4. follows: the U.S. mining laws, subject to the 1. Public Land Order No. 1173 of Containing approximately 6 acres. June 24, 1955, so far as it withdrew the provisions of the act; of August 11, 1955 The lands are described in favorable (69 Stat. 681; 30 U.S.C. 621-625), and following described land under the juris­ determination DA-196-Washington of diction of the Department of the Air shall be open to leasing under the min­ the Federal Power Commission, issued eral leasing laws: Force for military purposes is hereby December 28,1965. revoked: S eward Meridian (P rotracted) H arry R . Anderson, B ethel T. 4 S., R. 9 W., Assistant Secretary of the Interior. Beginning at a point from whicb USC&GS Sec. 33. Station “Bethel Mag" in latitude 60°47'08.- T. 5 S., R. 9 W., March 15,1966. 692" N., longitude 161°46'21.865" W., bears Secs. 1 and 2; [P.R. Doc. 66-2967; Piled, Mar. 21, 1966; N. 89*40' E., 2,227.90 feet, S. 0*20' E., 2,650 Sec. 3, Ny2,SWV4; 8:46 ajn.] feet, and N. 89*40' E., 9,300 feet; thence S. Sec. 4; 89*40' W., 10,272.10 feet; S. 0*20' E„ 7,500.00 Sec. 5, E%; feet; N. 89*40' E., 6,971.40 feet; N. 23*30' E., Sec. 9, N%; [Public Land Order 3955] 8,168.15 feet along the northwest boundary Sec. ll.N v i, SE%; [Nevada 048015] of the area described in paragraph 2(b) of Sec. 12; Public Land Order No. 1173 to the point of Sec. 13, N&; NEVADA beginning, excepting 14.69 acres more partic­ Sec. 19, SW&; ularly described as foUows: Sec. 20, SEi/4; . Partial Revocation of Public Land Beginning at a point which bears north Sec. 21, S&; Order No. 2715 (Washoe Project) 500 feet from a point found at latitude Sec. 22, SE%; 60“46'44.107" N., longitude 161°52_'59.969" Sec. 26, SE)4; By virtue of the authority contained in W.; thence east 400 feet more or less to Secs. 27 and 28; section 3 of the Act of June 17, 1902 (32 Corner No. 1; south 800 feet more or less to Sec. 29, Ey2,SWi/4; Stat. 388; 43 U.S.C. 416), it is ordered as Corner No. 2; west 800 feet more or less to Sec. 30, w y,, SEV4: follows: Corner No. 3; north 800 feet more or less Secs. 31 to 35, incl.; to Corner No. 4; east 400 feet more or less Sec. 36, Wy2. 1. Public Land Order No. 2715 of June to the point of beginning. T. 4 S., R. 10 W., 29, 1962, withdrawing lands* for the Sec. 25, area west of Sheep Creek. Washoe Reclamation Project, is hereby The tract described contains 1,467.31 T. 5 S., R. 10 W., revoked so far as it affects the following acres, of which approximately 43 acres Sec. 15, SW)4- described lands: remain withdrawn by Public Land Order

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4795

No. 3445, for maintenance of an air navi­ ment on an individual basis for self- gation facility of the Federal Aviation Title 45— PUBLIC WELFARE instruction purposes; or (3) a com­ Agency. The lands are situated in the bination of such purposes. Bethel, Alaska, area. Topography is gen­ Chapter I— Office of Education, De­ partment of Health, Education, and (d) “Basic educational and general erally rolling coastal tundra. All but the expenditures” means the total of all ex­ sandy hills are permanently frozen to a Welfare penditures (including the estimated value depth of 300 feet. of nonsalaried or contributed personal 2. Subject to valid existing rights, the PART 171— FINANCIAL ASSISTANCE FOR ACQUISITION OF EQUIPMENT services) no matter by whom made, for following described land which forms a a particular institution or branch campus part of that released from withdrawal by TO IMPROVE UNDERGRADUATE of such institution, for: General admin­ paragraph 1 of this order, is hereby^ with­ INSTRUCTION IN INSTITUTIONS OF istration and general expense; instruc­ drawn under the jurisdiction of the HIGHER EDUCATION tion and departmental research; librar­ Secretary of the Interior from all forms ies; and operation and maintenance of of appropriation under the public land Chapter I of Title 45 of the Code of the physical plant. For purposes of this laws, including the mining laws (Title Federal Regulations is hereby amended definition: by adding a new part, Part 171. 30, U.S.C., Ch. 2), as an administrative (1) “Expenditures for general admin­ site: Grants made pursuant to the regula­ istration and general expense” includes Bethel tions set forth below are subject to the regulations in 45 CFR Part 80, issued by all expenditures of the general executive Beginning at a point which bears N. 36°49'- and administrative offices serving the in­ 03” E„ 1,942.83 feet from USC and GS “Bethel the Secretary of Health, Education, and stitution (or branch campus) as a whole, Welfare, and approved by the President, 1949”, thence proceeding as follows: West- expenditures for deans of students and 2,310 feet to a point; thence south 3,300 feet, to effectuate the provisions of section their staffs, and for the counseling and more or less, to a point located 200 feet west 601 of the Civil Rights Act of 1964 (P.L. of the northwest corner of the property re­ 88-352). guidance program, the placement bu­ served for the use of the U.S. Air Force and reau, the student loan service, the stu­ known as the Bethel White Alice Site; thence Sec. dent health service (where not an east 200 feet to a point Identical with the 171.1 Definitions. auxiliary enterprise intended to be self- northwest corner of the property reserved for 171.2 Institutional eligibility. supporting) , and other expenditures use of the U.S. Air Force and known as the 171.3 Conditions for grant approval. 171.4 Submission and processing of appli­ which are of a general character not re­ Bethel White Alice Site; thence east, along lated to any specific division of the insti­ the northern boundary of said site, a distance cations. of 3,430 feet, more or less, to a point due 171.5 Criteria for standards and methods to tution (other than libraries, and opera­ south of the southeast comer of the FAA determine relative priorities of tion and maintenance of the physical H-Marker Site, FLO 3445; thence north 4,090 eligible projects. plant, as separately defined in subpara­ feet, more or less, to a point identical with 171.6 Criteria for standards and methods graphs (3) and (4) of this paragraph) ; the southeast comer of the FAA H-Marker to determine Federal shares of eligible projects. (2) “Expenditures for instruction and Site, PLO 3445; thence south 57°46'23” W., departmental research” includes all ex­ 1,500 feet to the point of beginning. 171.7 Fiscal control and fund accounting procedures. penditures of instructional departments The tract described contains approxi­ 171.8 Retention of records. (e.g., salaries, office expense and equip­ mately 275 acres. 171.9 State plans. ment, laboratory expense and equipment, 3. Until 10 a.m. on June 14, 1006, the 171.10 Requirement for economical methods and other expenses), including expendi­ State of Alaska shall have a preferred of purchase. tures for departmental research but ex­ 171.11 Determination of costs eligible for cluding separately organized or sepa­ right to select the land released from Federal participation. withdrawal by paragraph 1 of this order 171.12 Payment of grant funds on approved rately budgeted research; and not otherwise withdrawn, as pro­ projects. (3) “Library expenditures” includes vided by the act of July 28, 1956 (70 all expenditures for separately organized Authority: The provisions of this Part 171 libraries, both general and departmental, Stat. 709 ; 48 U.S.C. 46-3b), section 6(g) issued under secs. 601 through 609, 801 of the Alaska Statehood Act of July 7, through 803 ; 79 Stat. 1261-1266, 1269-1270; including those for salaries, wages, other 1958 (72 Stat. 339), and the regulations 20 U.S.C. 1121-1129, 1141-1143. operating expenses, books, and binding in 43 CFR 2222.9. After that time the costs; land shall be open to the operation of § 171.1 Definitions. (4) “Expenditures for operation and the public land laws generally, including As used in this part: maintenance of the physical plant” in­ the mining and mineral leasing laws, (a) “Act” means Public Law 89-329, cludes salaries, wages, supplies, other ex­ subject to valid existing rights, the pro­ the Higher Education Act of 1965. Un­ pense, and equipment for operation and visions of existing withdrawals, and the less otherwise indicated, title references maintenance of the institutional plant, requirements of applicable law. All are to titles of the Act. All terms defined except those expenditures appropriately valid applications received at or prior to in section 801 of the Act shall have the chargeable to “auxiliary enterprises,” or 10 a.m. on June 14, 1966, shall be con­ same meaning as given them in the Act. to “organized activities relating to edu­ sidered as simultaneously filed at that All references to sections are to sections cational departments;” time. Those received thereafter shall be of this part, unless otherwise indicated. (5) All other terms and account clas­ considered in the order of filing. (b) “Assignable area” means square sifications used herein shall have the 4. The withdrawal made by paragraph feet of area in facilities designed and same meaning as given them in College 2 of this order does not alter the applica­ available for assignment to specific func­ and University Business Administration, bility of the public land laws governing tional purposes, as distinguished from Volume I, American Council on Educa­ the use of the lands under lease, license, area in a building used either for jani­ tion, Washington, D.C., 1952. or permit, or governing the disposal of torial and building maintenance services (e) “Branch campus” means a cam­ their mineral or vegetative resources or for nonassigned use (e.g., public pus of an institution of higher education other than under the mining laws. washrooms and general service areas). which is located in a community differ­ Inquiries concerning the land should (c) “Audiovisual center” means a fa­ ent from that in which its parent insti­ be addressed to the manager, District cility controlled and operated by one tution is located. A campus shall not and Land Office, Bureau of Land Man­ or more institutions of higher educa­ be considered to be located in a com­ agement, Fairbanks, Alaska. tion, for: (1) The collection, production, munity different from that of its parent institution unless it is located beyond a H arry R . Anderson, custody, cataloguing, maintenance, or Assistant Secretary of the Interior. distribution of audiovisual materials for reasonable commuting distance from the use in providing instruction in such in­ main campus of the parent institution. March 15, 1966. stitutions of higher education; or (2) (f) “Capacity/enrollment ratio” [F.R. Doc. 66-2969; Filed, Mar. 21, 1966; the use by students of special audiovisual means the ratio of square feet of assign­ 8:46 a.m.] or other programed instructional equip- able area of instructional and library

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4796 RULES AND REGULATIONS facilities (as defined in paragraph (m) (iv) “Social sciences” means the (10) “Education” means the study of of this section) to the total student branch of science that deals with the in­ the learning process and of subjects re­ clock-hour enrollment divided by 100. stitutions and functioning of human so­ lated to teaching and to the organiza­ For purposes of this definition, “student ciety and with the interpersonal rela­ tion and administration of education, in­ clock-hour enrollment” means the ag­ tionships of individuals as members of cluding the history and philosophy of gregate (dock hours (sometimes called society, including such fields as Anthro­ education, curriculum development, and contact hours) per week in classes or pology, Area Studies (including Ameri­ programs to prepare students for special­ supervised laboratory or shop work for can Civilization and Culture), Business ised teaching fields such as physical edu­ which all resident students (i.e., students and Commerce, Economics (including cation, education of the physically, men- taking residence credit, irrespective of Agricultural Economics), Industrial Re­ tally, or emotionally handicapped, the time of day or workload of the stu­ lations, Linguistics, Psychology, and So­ agriculture education, business or com­ dent) are enrolled as of a particular ciology. Fields such as History, Govern­ mercial education, trade and industrial date. Where formally established in­ ment, and Education, while considered vocational education, music or art dependent study programs exist, system­ branches of Social Science, are given education. atically determined equivalents of class separate, special emphasis in the Act and • (j) “Equipment” means any instru­ or laboratory hours may be included are separately defined below. ment, machine, apparatus, or set of ar­ under “student clock-hour enrollment,” (v) Fields which are interdisciplinary ticles which meets the following condi­ subject to verification and adjustment by or overlapping within the sciences, in­ tions: (1) It retains its original shape the State commission. clude such as the following: Biochemis­ and appearance with use; and (2) it is (g) “Classroom” means, for purposes try, Biophysics, Astrophysics, Geophysics, nonexpendable; that is, if the article is of eligibility of projects under this part, Geochemistry, Forestry, Oceanography, damaged or some of its parts are lost a “general classroom,” “instructional Home Economics, Library Sciences, and or worn out, it is usually more feasible laboratory or shop,” “other teaching Information Sciences. to repair it than to replace it with an facility,” or “service area for teaching (2) “Mathematics” means the logical entirely new unit. facilities,” as such terms are defined in study of shape, arrangement, and quan­ (k) “Full-time equivalent number of paragraph (m) (1), (2), (3), and (4) of tity; the science of numbers and their students” means, for purposes of deter­ this section. The term does not include operations, interrelations, combinations, mining State allotments, the number of full-time students enrolled in programs faculty offices, library facilities, or any transformations, and generalizations. facilities under the categories of “in­ Included under this definition are all which consist wholly or principally of work normally creditable toward a struction-related facilities” or “related fields dealing with mathematical and facilities” or “related supporting facili­ statistical theory and methodology as bachelor’s or higher degree plus one- distinguished from fields of study or re­ third^ of the number of part-time stu­ ties” as defined in § 170.1(d) (ii) and dents enrolled in such programs, plus 40 (iii) of this chapter. search the principal content of which is (h) “Commissioner” means the U.S. a natural, social or engineering science. percent of the number of students en­ Commissioner of Education or his desig­ (3) “Foreign languages” means: (i) rolled in programs which are not chiefly Any languages other than English; and transferable toward a bachelor’s or nee. higher degree plus 28 percent of the re­ (i) “Eligible subjects” means courses (ii) English, as a foreign language. (4) “History” means the study of past maining number of such students. Stu­ at the undergraduate level (as defined in dent enrollment figures for each fiscal paragraph (y) of this section) in science, and contemporary events in relation to peoples and civilizations. year for the purpose of this computation mathematics, foreign languages, history, shall be those listed in the most recent geography, government, English, other (5) “Geography” means the study of the spatial distributions and relation­ edition of the Office of Education publi­ humanities, the arts, and education. As cation Opening Fall Enrollment in used herein: ships on the earth’s surface of those ele­ Higher Education. (1) “Science” includes the physical,ments that give character to places. These include natural phenomena (such (l) “Institutional fiscal year” means biological, engineering and social sci­ for a particular institution or branch ences, and subjects which are interdis­ as land, water, air), biotic phenomena (plant and animal life), and human campus a period of 1 year, not neces­ ciplinary within the sciences. sarily corresponding with the school year, (i) “Biological sciences” means the phenomena (such as population, occupa­ tions, transportation, and communica­ at the end of which financial accounts division of the natural sciences which are closed and reports made, usually deals with life, including such fields as tions) . The term includes the study of physical, political, social, economic, and June 30 or December 31. Agriculture, Biology, Botany, Zoology, (m) “Instructional and library facili­ Bacteriology, Cytology, Ecology, Embry­ historical geography. (6) “Government,” or “political sci­ ties” means all rooms or groups of rooms ology, Entomology, Anatomy, Genetics, used regularly for instruction of students, Microbiology, Nutrition, Pathology, Vi­ ence” means the study of political and governmental institutions and processes. for faculty offices, or for library purposes. rology, Physiology, Morphology, Marine A room intended and equipped for any Biology, Hydrobiology, and the biological This definition includes the study of American government, comparative gov­ of the purposes listed below should be aspects of Anthropology and Psychology. counted in the appropriate category, re­ (ii) “Physical sciences” means the di­ ernment, international organization, and public administration. gardless of the building (e.g., adminis­ vision of the natural sciences which trative building, library building, or field deals primarily with nonliving matter, (7) “English” means the study of the English language in its spoken and writ­ house) in which it is located. Instruc­ including such fields as Physics, Chem­ tional and library facilities are sub­ istry, Geology, Paleontology, Astronomy, ten forms, and training and practice in the communication skills of listening, divided into the following categories: Meteorology, Metallurgy, Mineralogy, (1) “General classrooms” means all and branches of these fields. speaking, reading, and writing. It in­ cludes speech, grammar, literature, lan­ instructional rooms used or intended and (iii) “Engineering” means the applied equipped to be used chiefly for lectures, sciences in which a knowledge of the guage arts, journalism, creative writing, and remedial or supplemental reading recitations, and seminar types of class mathematical and natural sciences is meetings, regardless of the size of the applied with judgment to develop ways training (when given to undergraduate students) in the English language. room. The seating area of an audi­ to utilize, economically, the materials torium or theater, if regularly used for and forces of nature. Included in this (8) “Other humanities” includes such fields as jurisprudence and philosophy. scheduled class meetings, should be clas­ definition, for the purposes of the Act, sified and counted as a general classroom. are the “engineering sciences” such as (9) “The arts” includes such fields as music, drama, dance, folk art, architec­ (2) “Instructional laboratories or engineering physics, mechanics, and shops” means all instructional rooms “engineering technology” such as aero­ ture and allied fields, painting, sculpture, equipped for special purposes such as nautical engineering technology, civil photography, graphic arts, industrial de­ chemistry experiments, language prac­ engineering technology, and electronic sign, fashion design, motion pictures, tice, food preparation and service in engineering technology. television, and similar major art forms. home economics, shopwork in industrial

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4797

arts, painting, etc. (Adjoining areas occasionally used for a student lesson, minor remodeling is undertaken but such as a balance room, supply room, should be counted as a faculty office. within the confines of such previously dark room, or projection room, are con­ Service areas for faculty offices (e.g., completed building. The term does not sidered to be “service areas for teaching waiting rooms, office files and supply include building construction, structural facilities” and are not to be counted with rooms, interconnecting corridors within alterations to buildings, building mainte­ instructional laboratories and shops.) a suite of offices, private toilets and nance, repair or renovation. (3) “Other teaching facilities” means clothes closets) should be counted to­ (r) “Pertinent expenditures for equip­ all other rooms and areas regularly used gether with the offices themselves. ment, materials and minor remodeling” or intended for scheduled class meetings (n) “Instructional television fixed means: (1) In connection with projects or individual instruction, such as: Music service” (IT F S ), as defined by the Fed­ for laboratory and other special equip­ practice rooms (for individual practice) eral Communications Commission (47 ment and materials (and directly asso­ and music studios (where an instructor’s CFR 74.901 et seq.), means a fixed sta­ ciated minor remodeling) for improve­ office serves also as a studio, the room tion operated by an educational organi­ ment of undergraduate instruction in should be counted under “faculty of­ zation and used primarily for the trans­ the eligible subjects, the total of all ex­ fices”) ; playing floors, wrestling and mission of visual and aural Instructional, penditures for such purposes, from both boxing rooms, indoor swimming pools, cultural, and other types of education current funds and plant funds (as de­ and indoor track and field areas used material to one or more fixed receiving fined in College and University Business regularly for instructional purposes. locations. Instructional television fixed Administration, Volume I, - American Storage rooms for musical instruments, service stations operate in the portion Council on Education, Washington, D.C., seating areas, locker and shower rooms, of the microwave spectrum from 2500 to 1952), for the institution or branch and equipment issue and storage rooms 2690 megacycles. campus for which the project applica­ used in connection with scheduled (o) “Laboratory and other special tion is submitted; and (2) in connection classes and located in the gymnasium are equipment and materials” means items with projects for television equipment considered to be “service areas for teach­ of built-in or movable equipment, as de­ and materials (and directly associated ing facilities” and are not to be counted fined in paragraph (j) of this section, minor remodeling) for closed-circuit di­ with other teaching facilities. and “materials,” as defined in paragraph rect instruction in the eligible subjects, (4) “Service areas for teaching facil­ (p) of this section, which are suitable for the total of all expenditures for such ities” means all service areas which use in providing instruction in institu­ purposes, from both current funds and adjoin and are used in conjunction with tions of higher education, and includes: plant funds, for the institution or branch any general classrooms, Instructional (1) Audiovisual equipment, such as pro­ campus for which the project application laboratories or shops, or other teaching jectors, recording equipment, and tele­ is submitted. facilities. Examples of service areas for vision receivers which are not part of (s) “Project” means a separate pro­ teaching facilities are: Closets in general closed-circuit television systems; (2) posal for improvement of undergraduate classrooms or in instructional labora­ devices (other than those used for print­ instruction in one or more of the eligible tories or shops; rooms adjoining and used ing, such as printing presses and offset subjects through either: (1) The acquisi­ in conjunction with instructional labora­ printing machines) to be used for prepa­ tion (by purchase, lease-purchase, or tories or shops, such as a balance room, ration of audiovisual and other instruc­ lease) and usé of laboratory and other a storeroom, supply room, dark room, or tional materials; (3) equipment for the special equipment and materials (and di­ projection room; seating areas, locker maintenance and repair of materials in rectly associated minor remodeling) ; or and shower rooms, and equipment issue audiovisual centers; and (4) storage (2) the acquisition (by purchase, lease- and storage rooms located in a gym­ equipment to be used solely for the care purchase, or lease) and use of televi­ nasium; instrument storage areas ad­ and protection of the foregoing items sion equipment and materials for closed- joining a music studio. when used in classrooms. Not included circuit direct instruction (and directly (5) “Library facilities” moans rooms under the term are such items as gen­ associated minor remodeling). or groups of rooms used for the collec­ eral-purpose furniture, radio or televi­ (t) “Semester credit hour” means the tion, storage, circulation, and use of sion broadcast apparatus, public address unit of credit which the institution books, periodicals, manuscripts, and systems, computers, or items for the awards to a student for a class meeting other reading and reference materials, maintenance and repair of equipment. one hour per week for a semester or a including the general library, depart­ (p) “Materials” means those items laboratory meeting two or three hours mental libraries, and rooms for special which with reasonable care and use may per week for a semester. For purposes collections of documents, rooms for stor­ be expected to last for more than one of this definition the term “semester” age of films, records, and other audio­ year and are suitable for and are to be means a period of approximately 15 weeks visual equipment and materials, rooms used in providing instruction in institu­ of instruction. Where credits are for the use by students of special audio­ tions of higher education. The term in­ recorded at an institution or branch visual and other programmed instruc­ cludes such items as audio and video campus on the basis of some other length tional equipment on an individual basis tapes; discs; slides and transparencies; of term, such as a “quarter” or where for self-instruction purposes, library films and filmstrips; books; models and credits are not normally recorded, the reading and listening rooms, acquisition mock-ups; pamphlets; periodicals for credit hours of other units of accom­ rooms, cataloguing rooms, document indefinite retention in reference collec­ plishment so recorded are to be converted reproduction rooms, circulation and ref­ tions, and other printed and published to semester hour equivalents for purposes erence desks, and any other similar li­ materials such as maps, globes, and of reporting in applications submitted brary service area and the library ad­ charts. The term does not include such under this part. Any such conversions to ministrative offices. Rooms used for any items as textbooks (as defined in para­ semester credit hour equivalents shall be such purposes should be counted under graph (x) of this section); or chemicals, supported by definitive explanations, library facilities. Library science labora­ glassware and other supplies which are satisfactory to the State commission, of tories and lecture classrooms located in consumed in use. the basis on which the conversions are a library building are to be counted as (q) “Minor remodeling” means those calculated and shall in all cases be sub­ either general classrooms or instruc­ minor alteration^ in a previously com­ ject to adjustment by the State commis­ tional laboratories and shops. pleted building in space used or to be sion. (6) “Faculty offices” means all rooms used as a classroom (as defined in para­ (u) “State commission” means the or groups of rooms with office-type equip­ graph (g) of this section) or as an audio­ State agency designated or established ment, which are assigned to one or more visual center or as a closed-circuit tele­ pursuant to section 603 of the Act. faculty members for the performance of vision facility, which are needed to make (v) “State plan” means the document administrative, clerical, or faculty duties effective use of equipment in providing submitted by the State commission and other than meeting of classes. A studio instruction. The term may also include approved by the Commissioner, which room in a department of music or fine the extension of utility lines, such as sets forth the standards, methods, and arts, assigned to one or more faculty water and electricity, from points beyond administrative procedures whereby the members for their own work, even though the confines of the spaces in which the State commission shall review projects

FEDERAL REGISTER, VOL. 31 , NO. 55— TUESDAY, MARCH 22, 1966 4798 RULES AND REGULATIONS proposed by applicants in the State for plication for a grant) that the institu­ shall in all cases be between October 1 Federal assistance under this part and tion meets requirements set forth in sub­ and February 15. Each State plan may shall determine and recommend the section 801(a) (5) of the Act. provide for apportionment of the State allotments from funds appropriated for relative priority of each such project and § 111.3 Conditions for grant approval. the Federal share of the costs eligible for each category of applications, so that Federal financial participation. (a) Required assurances. Before ap­ specified portions of either or both allot­ (w) “Television equipment for closed- proving a grant under this part, the ments become available as of specified circuit direct instruction” means fixed Commissioner shall verify fulfillment of closing dates, but such an apportionment or movable equipment items which are the requirements set forth in subsection shall not be required, and in the absence suitable for use in originating, distribut­ 605(b) of the Act. of such a provision in the State plan, the ing, and receiving programs or units of (b) Maintenance of effort. An assur­ total of each allotment shall be available instruction by closed-circuit television, ance that an institution or branch for grants as of the first applicable clos­ campus will meet the maintenance of ing date in each Federal fiscal year. in institutions of higher education. The (b) Submission of project applica­ term includes studio equipment, control effort provision in section 604(b) of the and recording equipment, transmitters, Act shall be supported by a comparison tions. Applications for grants under of the budgeted amounts for pertinent this part shall be submitted on forms receivers and associated distribution supplied by the Commissioner, and shall equipment, antennas, and supporting expenditures for equipment, materials towers for- instructional television fixed and minor remodeling (as defined in contain such assurances as are required service as defined by the Federal Com­ paragraph (r) of § 171.1) for the Federal pursuant to the Act and the regulations munications Commission and for point- fiscal year in which the project applica­ in this part. Applications shall be sub­ to-point microwave relay equipment, but tion is submitted with the amount actu­ mitted directly to the appropriate State commission in the number of copies spec­ does not include towers, antennas or ally expended for such purposes for the preceding Federal fiscal year. ified by the State commission, together broadcast transmitters designed to op­ with such supplemental information as erate on VHF or UHF frequencies in the (c) Items which may be included. standard broadcast band. “Closed-cir­ Projects under this part may cover only may be required by the State commis­ (1) laboratory and other special equip­ sion. Applications for projects of either cuit direct instruction” includes all uses category (i.e., laboratory and other spe­ of television equipment involving the ment and materials (and directly associ­ ated minor remodeling) or (2) television cial equipment projects or closed-circuit distribution of television instruction television projects) shall in all cases from any source (such as television cam­ equipment and materials for closed- circuit direct instruction (and directly cover only a single institution or branch eras, film chains, video-tape recording campus of an institution. Unless other­ or playback apparatus, monoscope de­ associated minor remodeling), to be used for improvement of instruction at the wise provided in the applicable State vices or receiving antenna) to one or plan, not more than one laboratory and more television monitors or receivers at undergraduate level in one or more of the eligible subjects in institutions of other special equipment application shall one or more viewing locations. The term be submitted for any single institution does not include closed-circuit installa­ higher education. (d) Costs which may be included. or branch campus for a particular fiscal tions for any noninstrùctional uses, such year. In no case may more than one as monitoring for security purposes. Projects may be submitted under this part, only for the costs of acquisition closed-circuit television application be (x) “Textbook” means a book or work­ submitted for any single institution or book, or manual, which is used as a prin­ (including necessary installation) of equipment, acquisition of materials, and branch campus for a particular fiscal cipal source of study materials for a year. The State commission shall accept given class or group of students, a copy minor remodeling which have not been and will not be incurred prior to or under all applications for grants under Part A of which is expected to be available for of Title VI for institutions of higher the individual use of each student in such contracts entered into prior to, the filing of the project application with the ap­ education in the State, provided such a class or group. applications are submitted on forms pro­ (y) “Undergraduate level” programs propriate State commission, and the cost of engineering studies contracted for vided by the Commissioner, and shall of instruction means all courses of regu­ officially record the date of receipt of lar length which are intended primarily within two years prior to such date in connection with projects for closed-cir­ each application by the State commis­ for meeting program requirements for sion. Any application which is incom­ students pursuing bachelor’s degrees or cuit television. Costs eligible for inclu­ sion in the project budget shall be further plete shall after its date of receipt is re­ first-professional degrees in programs corded, be returned promptly to the which do not require 3 or more years limited to those which will be incurred within 12 months after the grant is ap­ applicant with an explanation of defi­ of previous college work for entry and ciencies to be corrected before the appli­ do not extend beyond the fifth year of proved, or under contracts entered into within such time, and, in connection with cation can be further processed by the college, students pursuing associate de­ State commission. Authorization from grees, or students enrolled in terminal- lease purchase contracts or lease agree­ ments, to payments made within 12 the Federal Communications Commis­ occupational programs. Not included sion is required to construct and to op­ under this definition are courses which months after such contracts or agree­ ments are entered into. erate each transmitter to be used in In­ are intended primarily for meeting pro­ structional Television Fixed Service, as gram requirements for students pursu­ § 171.4 Submission and processing of well as point-to-point microwave relay ing graduate degrees or first professional applications. devices. In any case where a closed- degrees in programs extending beyond circuit television project involves equip­ the fifth year of college or requiring 3 (a) Closing dates for filing of appli­ment requiring such authorization (s), or more years of previous college work cations. Closing dates by which appli­ cations may be filed with and accepted by the applicant shall be required to in­ for entry into the first professional de­ clude documentary evidence either: (1) gree program. Also excluded are non­ the State commission shall be established That the applicant holds such authoriza­ credit courses and conferences. in the State plan. For each category of tions, or (2) that an application for such applications (i.e., laboratory and other § 171.2 Institutional eligibility. authorization has been accepted for filing special equipment and materials and di­ by the Federal Communications Commis- rectly associated minor remodeling; or To qualify for a grant under this part television equipment and materials for sion. . an institution shall meet requirements (c) Verification of application aata closed-circuit direct instruction and and institutional and project eligibility. specified in subsection 801(a) of the Act. directly associated minor remodeling) An institution which is not accredited Before determining the relative priority the State plan shall provide a single clos­ or Federal share for any application for by a nationally-recognized accrediting ing date for Federal fiscal year 1966, and agency or association listed pursuant to grant assistance under title VI of the not more than two closing dates for any Act, the State commission shall verily section 801 of the Act may qualify, al­ subsequent Federal fiscal year. The ternatively, by obtaining a certification closing dates for fiscal year 1966 shall the validity of data contained in the ap­ from the Commissioner (dated no earlier be not later than April 30, and closing plication, and shall verify that the insti­ than two years prior to the date of ap­ dates for subsequent Federal fiscal years tution and the project appear to mee

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4799 basic eligibility requirements set forth in level not less than that required to for in paragraph (e) of this section. the Act and the regulations governing qualify under the State plan for such a Budgets for projects as approved, and the the administration of the Act. In any Federal share amount. amount of Federal participation based case where in the opinion of the State (f) Recommendation by State com­ thereon, shall be based upon tentative commission a question exists as to the missions. Promptly upon completing its equipment lists which will be required eligibility of an institution or of a proj­ consideration of applications as of each with each application. Applicants may, ect, the State commission shall promptly closing date, and no later than May 31 however, without amending their appli­ forward a copy of the application to the of the Federal fiscal year 1966 and cations, substitute other eligible items Office of Education for a clarification of March 31 of subsequent fiscal years, each which are similar in nature and are in such eligibility. In any such case, the State commission will forward to the line with the plan for improvement of State commission shall continue to proc­ Commissioner: (1)A current project re­ undergraduate instruction set forth in ess and rank such application as if it port, on forms supplied by the Commis­ the application as originally approved. were eligible, but shall delay final sioner, for the pertinent category of ap­ Approval by the Commissioner shall be action on all applications under the same plications, listing each application re­ required for changes of more than ten category considered as of the same clos­ ceived for the particular fiscal year, each percent in the amount budgeted under ing date until receipt of notification by application returned to the applicant the project for the improvement of in­ the Office of Education of the disposition and the reason for return of such appli­ struction in any particular eligible sub­ of the eligibility question. cation, each application considered as of ject. Once an application has been rec­ (d) Determination of relative priori­ the closing date, and the priority and ommended for a grant by a State com­ ties and Federal shares. All applications Federal share determined according to mission, no increase in recommended received by each specified closing date, the State' plan for each project con­ Federal grant funds for the particular and verified by State commission review sidered; and (2) the application form project will be considered, except where to be accurate and complete, shall be and exhibits in the number of copies re­ funds become available to supplement considered together (projects for labo­ quested by the Commissioner, for each reduced Federal shares for projects for ratory and other special equipment and project assigned a priority high enough which the full Federal share calculated materials "will be considered separately to qualify for a Federal grant within under the State plan was not available from projects for television equipment the amount of funds available in the al­ at the time the project application was and materials) and assigned relative lotment for the State. recommended by the State commission. priorities and recommended Federal (g) Notification to applicants. The § 171.5 Criteria for standards and meth­ shares in accordance with the provisions State commission shall promptly notify of the State plan. ods to determine relative priorities each applicant of the results of all final of eligible projects. (e) Procedures where funds are insuf­ determinations regarding its application ficient to provide full Federal shares for as of each closing date, and the records (a) Each State plan shall set forth all eligible projects. In any case where of official State commission proceedings separately the standards and methods the funds available in a State allotment shall be a matter of public record within for determining the relative priorities of for projects considered as of a particular the State. eligible projects for: (1) Acquisition of closing date are insufficient to cover all (h) Disposition of applications which laboratory and other special equipment eligible applications, the State commis­ áre not recommended for grants. Ap­ and materials ; and (2) television equip­ sion shall nevertheless determine the full plications which are not recommended ment and materials for closed-circuit di­ Federal share, calculated according to for a grant within the fiscal year in rect instruction. the State plan, for all projects in their which they are filed, shall be retained by (b) The standards applicable to proj­ order of relative priority, until the re­ the State commission until notified that ects for acquisition of laboratory and maining available funds are insufficient all recommended applications for such other special equipment and materials to provide the full Federal share as cal­ fiscal year have been approved by the shall in every case include the following, culated for the next project in order of Commissioner. New applications shall each of which shall be assigned at least priority. be required to be filed each fiscal year for the indicated percentage of the total (1) In such cases occurring for the any project which does not receive a point scores possible for all standards first closing date in a Federal fiscal year, recommendation for a grant and which applicable to such projects: where a second closing date is provided the applicant desires to have recon­ (1) The average of the basic educa­ under the State plan and the allotment sidered in a subsequent year. tional and general expenditures per se­ is approtioned between the closing dates, (i) Offer and acceptance of grant. mester credit hour equivalent (with pri­ all projects for which the full Federal For a project application which meets ority advantage given to lower averages), share as calculated cannot be provided all eligibility requirements the Commis­ at the institution or branch campus for for by the available funds, together with sioner will approve the application and which the project is submitted, for the the remainder of the funds apportioned reserve Federal funds from the appro­ three completed institutional fiscal to the first closing date, shall be carried priate State allotment and will prepare years (Or for the completed years, if less over to the second closing date: Provid­ and send to the applicant a grant award, than three) immediately preceding the ed, however, That a State plan may which sets forth the pertinent terms and closing date for which the application specify, as an alternative procedure, that conditions, and which is contingent upon is filed with the State commission (at sufficient funds will be made available acceptance by the applicant within a least 25 percent of total weight). immediately from the funds apportioned specified period of time. The accepted (2) Whether or not the equipment to the second closing date, so that the grant award will constitute a formal and materials to be purchased under the full Federal share as initially calculated grant agreement between the Commis­ project are to be placed and used in: (i) will be available for the first project for sioner and the applicant, for completion Existing classrooms (as defined in para­ which only a part of the Federal share of the project and for Federal grant par­ graph (g) of § 171.1) or audiovisual cen­ would otherwise have been available. ticipation ip. the eligible costs of the ters; or (ii) classrooms (as defined in (2) in such cases occuring for the sec­ project, according to the conditions con­ paragraph (g) §171.1) or audiovisual ond closing date in a Federal fiscal year, tained therein. centers to be made available by new con­ or where all funds in the State allotment (j) Amendment of project applica­ struction and/or by major rehabilita­ are apportioned to the first closing date tions. Any time prior to a closing date tion or conversion of existing facilities. or where only a single closing date is pro­ for which an application is to be con­ Points for this standard shall be awarded dded, the amount of the remaining according to the percentage of the total sidered, the applicant may make changes equipment and materials budget which funds shall be offered as a reduced Fed­ in the application by written notifica­ is for equipment and materials to be eral share for the first project in order tion to the State commission. After any placed and used in existing classrooms or of relative priority for which less than such closing date, no changes in appli­ audiovisual centers, with maximum the full Federal share as calculated is cations shall be permitted, except cor­ points awarded for projects for which available. An applicant offered such a rections or submission of additional data 100 percent of the budget is for such reduced Federal share shall be entitled as requested by the State commission and purposes (at least fifteen percent of total to reduce the scope of the project to a reductions in project scope as provided weight).

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 55— 5 4800 RULES AND REGULATIONS

(3) The capacity/enrollment ratio (asnot been in operation for at least one tion be considered as a priority factor defined in paragraph (f) of § 171.1) at academic year preceding the academic either in favor of, or adverse to, an insti­ the institution or branch campus for year in which the application is filed tution. which the project is submitted, as of the shall receive one-half of the points pro­ § 171.6 Criteria for standards and fall term which opened preceding the vided in the State plan for the standards methods to determine Federal shares closing date for which the application required by paragraphs (b) (1) and (3) of eligible projects. is filed (at least ten percent of total and (c) (1) of this section. Except as provided in paragraph (b) (2) of this (a) Each State plan shall set forth weight, with priority advantage given to separately the standards and methods lower ratios.) section, the assignment of points for each standard may be by any one of the fol­ for determining the Federal shares of (c) The standards applicable to proj­ eligible projects for: (1) Acquisition of ects for acquisition of television equip­ lowing methods, or by similar objective methods, a different one of which may laboratory and other special equipment ment and materials for closed-circuit and materials; and (2) television equip­ direct instruction shall in every case in­ be used in connection with each stand­ ard: ment and materials for closed-circuit di­ clude the standards listed below, each rect instruction. Except as provided in of which shall be assigned at least the (1) Applications may be ranked ac­ cording to relative performance for the paragraph (b) of this section, the Fed­ indicated percentage of the total point eral share to be provided for by such scores possible for all standards appU- standard, and assigned a point score for relative rank (e.g., 10 points for place­ standards and methods shall not exceed cable to such projects. 50 percent of the project cost. (1) The average of the bàsic educa­ ment in the highest 10 percent, 9 points for placement in the second highest 10 (b) The State plan may provide for tional and general expenditures per se­ Federal shares of qp to 80 percent of the mester credit hour equivalent (with pri­ percent, 8 points for placement in the third highest 10 percent, etc.). project cost for institutions proving in­ ority advantage given to lower averages) sufficient resources to otherwise partici­ at the institution or branch campus for (2) Applications may be compared to a scoring table for the standard and as­ pate in the program under this part and which the project is submitted, for the inability to acquire such resources. Any three completed institutional fiscal signed points accordingly (e.g., for capacity/enrollment ratio, a scoring such provision in a State plan shall in­ years (or for the completed years, if less clude specification of objective criteria than three) immediately preceding the table might provide for 10 points for a ration of 100 or less, 9 points for a which will have to be satisfied before closing date for which the application such a determination will be made by is filed with the State commission (at ratio of 101 to 150, 8 points for a ratio of 151 to 200, 7 points for a ratio of 201 the State commission. The Federal share least 25 percent of total weight). may in no case be increased above 50 (2) The ability of the applicant to to 250, 6 points for a ratio of 251 to 300, 5 points for a ratio of 301 to 350, etc.). percent except where such provisions are effectively utilize educational television included in the State plan as approved. as evidenced by the number of planned In connection with standards required by paragraphs (b) (1) and (3) and (c) (1) (c) Standards and methods for de­ additional undergraduate level courses termining the Federal share pursuant to to be programed for closed-circuit in­ of this section, State plans may provide for separate scoring scales for applica­ paragraphs (a) and (b) of this section: struction at the institution or branch (1) Must be objective and simple to campus covered by the project as of the tions for different sizes or different edu­ cational or functional types of institu­ apply; (2) may involve the use only of opening of the second fall term after the data which are to be submitted on the fall term which opened preceding the tions or branch campuses, if such tables are supported by objective normative application form prescribed by the Com­ closing date for which the application is missioner, required by the State com­ filed (with higher priority value awarded data based on recent research and analysis. mission to be submitted in connection for a greater number of additional with the filing of an application, or con­ courses to be programed). As used (3) Applications may be compared to a fixed requirement for the standard, and tained in reports or publications readily here, “course” means a particular course available to the State commission and offering (such as “English I”) rather assigned points if they meet the require­ ment or denied points if they do not. the institutions of higher education with­ than an individual section of the same in the State; (3) must be such as will course (at least 15 percent of total This type of scoring should be used where comparison against the standard enable an applicant to calculate in ad­ weight). vance (on the assumption that sufficient (3) The ability of the applicant to involves a “yes-no” decision. (f) The method for application of the funds will be available to cover all appli­ effectively utilize educational television cations) the estimated Federal share as evidenced by the projected number of standards shall provide also for de­ termination of relative priorities on the which the State commission will certify additional student enrollments in under­ to the Commissioner if it recommends graduate level courses to be programed basis of the total of the points earned by each application for each applicable the project for a Federal grant; and (4) for closed-circuit instruction at the in­ must be consistent with the criteria pub­ stitution or branch campus covered by standard and shall specify factors to be applied in determining which application lished by the Commissioner with respect the project as of the opening of the sec­ to the determination of relative priorities ond fall term after the fall term which shall receive the higher priority in the case of identical scores for applications among projects and be promotive of the opened preceding the closing date for purposes of title VI. which the application is filed (at least where funds available ip the applicable ten percent of total weight, with higher State allotment are insufficient to pro­ § 171.7 Fiscal control and fund account­ priority value awarded to a greater num­ vide full Federal shares for both or all of ing procedures. ber of additional student enrollments) . the tied applications. (a) State commissions. Each State (d) The State plan may include addi­ (g) The standards and methods for plan shall contain specific information tional standards for determining rela­ determining relative priorities must be regarding fiscal control and fund ac­ tive priorities of either category of proj­ developed on the basis of information counting procedures, as required by the ects, which are not inconsistent with the which is to be submitted on the applica­ Commissioner to ensure proper disburse­ criteria set forth in paragraphs (b) and tion form prescribed by the Commis­ ment of and accounting for Federal funds (c) of this section and which will carry sioner, required by the State commission which may be paid to the State com­ out the purposes of the Act. to be submitted in connection with the mission for expenses necessary for the (e) The methods for application of the filing of an application, or contained in proper and efficient administration of the standards shall provide for the assign­ reports or publications readily available State plan. ment of point values for each standard to the State commission and the institu­ (b) Institutions. Applicants shall applied, and shall provide specific ob­ tions within the State. In no event shall maintain adequate and separate ac­ jective methods for determining the an institution’s readiness to admit out- counting and fiscal records and accounts number of points which each application of-State students or the number of such of all funds provided from any source to considered shall be awarded for each out-of-State students be considered as a pay the cost of equipment, materials, and standard. Unless otherwise provided for priority factor adverse to such institu­ minor remodeling for each approved in the State plan, applications for insti­ tion, and in no event may the nature of project, and audit of such records by the tutions or branch campuses which have the control or sponsorship of the institu­ Commissioner’s designated representa-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4801

tives shall be permitted and facilitated amendments shall apply uniformly to all termined by the final audit, are less than by applicants at any reasonable time. applications to be considered together those provided for in the grant agree­ In addition, applicants shall make avail­ as of any closing date, and, unless other­ ment, the Commissioner shall redeter­ able for audit purposes financial account­ wise provided in the State plan, shall be­ mine the amount of the Federal share ing records and analyses which come effective immediately upon ap­ entitlement of the applicant in accord­ substantiate the total amount of perti­ proval by the Commissioner, except that ance with the maximum Federal share nent expenditures for equipment, mate­ in no event shall any amendment which which would have been recommended for rials and minor remodeling for the affects the standards and methods for the project, based on the lesser eligible particular institution or branch campus determining priorities or Federal shares cost, under State plan provisions in effect for the Federal fiscal year in which the or any amendment providing for an at the time the project was recommend­ grant is awarded, as well as the total additional closing date or for the change ed for a grant, if sufficient funds had amount of such expenditures for the in an existing closing date become effec­ been available in the State allotment at preceding fiscal year. tive sooner than 60 days after the date that time to provide the maximum pos­ § 171.8 'Retention of records. the proposal to make such amendment sible Federal share provided for by the is received by the Commissioner and 30 plan under such circumstances. If such (a) State commissions. (1) Accounts days after the date of the Commissioner’s redetermined Federal share entitlement and documents supporting expenditures approval of the amendments as a part of is less than the amount provided in the for expenses of State commissions shall the State plan: Provided, however, That grant agreement, the grant shall be re­ be maintained until notification of com­ amendments which are required by duced accordingly, and any overpayment pletion of Federal audits for the Federal amendments of the Act or are designed of Federal funds, plus any interest fiscal year concerned. to promptly implement amendments of earned thereon, shall immediately be due (2) State commissions shall: Establish the Act may be made effective immedi­ to the Government of the United States. a complete case file on each application ately upon their approval by the Com­ If such redetermined Federal share is received; inform applicants of official missioner. equal to or greater than the amount of actions and determinations, by letter or the Federal share provided in the grant similar type of correspondence; and re­ § 171.10 Requirement for economical methods of purchase. agreement, the final settlement shall be tain records regarding each case for at based on the Federal share amount pro­ least 2 years after final action with re­ All equipment, materials, and minor vided in the grant agreement. spect to the application is taken by the remodeling work, the cost of which is to State commission. In addition, each § 171.12 Payment of grant funds on be charged to an approved project, shall approved projects. State Commission shall maintain a full be procured in an economical manner record of all proceedings by which it consistent with sound business practice. The Commissioner shall provide for establishes relative priorities and recom­ Proposed methods of purchase shall be payment of grant funds for the project mended Federal shares for eligible pïoj- set forth by the applicant as part of each pursuant to such methods as the Com­ ects considered according to each speci­ project application, and shall include missioner determines will best make the fied closing date and shall retain such specific justification for any proposal to funds available as needed and eliminate records for at least 2 years after each follow procedures other than open, com­ unnecessary expense to the Federal such closing date. petitive bidding. Government. (b) Institutions. All accounting rec­ ords relating to approval projects and to § 171.11 Determination of costs eligible Dated: February 24,1966. verification of the applicant’s mainte­ for Federal participation. [seal] Harold H ow e H , nance of effort, as specified in paragraph Commissioner of Education. (b) of § 171.7, including bank deposit (a) Costs eligible for Federal partici­ slips, cancelled checks and other support­ pation in connection with any project Approved: March 12,1966. shall include only those costs to the ap­ ing documents and contract awards (or W ilbur J . C ohen, microfilm facsimiles thereof), shall be plicant which are determined to be eli­ gible in accordance with paragraphs (c) Acting Secretary of Health, retained intact by the applicant for Education, and Welfare. audit or inspection by authorized repre­ and (d) of § 171.3, are consistent with the sentatives of the Federal government for plan for improvement of undergraduate [F.R. Doc. 66-2087; Filed, Mar. 21, 1966: a period of 3 years after completion of instruction set forth in the approved ap­ 8:40 a.m.] the project or until the applicant is noti­ plication, are incurred in an economical fied of the government’s audit, which­ manner consistent with sound business ever is later. practice, and are for items which are not Chapter III——Bureau of Federal Credit overly elaborate or extravagant. Ex­ Unions, Social Security Administra­ § 171.9 State plans. penditures in which Federal participa­ tion, Department of Health, Educa­ (a) The Commissioner shall approve tion is claimed also may include the cost tion, and Welfare a State plan only after he has received of raw or processed materials or com­ satisfactory assurance and explanation ponent parts to be made into finished PART 301— ORGANIZATION AND regarding the basis on which the State products or into complete equipment OPERATION OF FEDERAL CREDIT units, including the cost (above and be­ commission submitting the plan meets UNIONS the requirements of section 601 of the yond salaries of any regular employees Act. A State plan submitted in accord­ of the applicant) of making and assem­ bling such equipment. Insured Loans to Student Members in ance with section 601 of the Act shall be Eligible Higher Education or Voca­ submitted on forms or in a format sup­ (b) Such determinations shall be plied by the Commissioner and shall con­ finally made by the Commissioner at the tional Institutions time a final audit is made of the com­ tain all provisions required by the Com­ Notice of proposed rule making, public missioner pursuant to section «13 of the pleted project and related financial accounts. procedures thereon, and delay in effec­ Act and other sections of the regulations tive date in the issuance of the following m this part, together with such ad­ (c) In any case where the costs eligible for Federal participation, as deteimined amendment have been omitted because ditional organizational and administra­ of the following findings and reasons: tive information as the Commissioner by the final audit, exceed those provided may request. for in the grant agreement for the proj­ Title IV, Part B, P.L. 89-329, approved ect, the Federal share entitlement of the November 8, 1965, 79 Stat, 1236, and P.L. (b) All proposed amendments to the 89-287, approved October 22, 1965, 79 state plan shall be submitted to the Com­ applicant shall be limited to that pro­ Stat. 1037, enlarged the powers of Fed­ missioner for his approval in such form vided by the grant agreement. eral credit unions with respect to making and in accordance with such instructions (d) In any case where the costs loans to members by authorizing in sec­ are established for that purpose. Such eligible for Federal participation, as de­ tion 434, and section 16, respectively, the

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4802 RULES AND REGULATIONS making of insured loans to student mem­ will be held at destination or, if it can­ bers in accordance with the provisions Title 49— TRANSPORTATION not reasonably be. accommodated there, of these Acts and on terms and condi­ at an available hold point, and construc­ tions specified and required thereby. Chapter I— Interstate Commerce tive placement notice shall be sent or Each of these Acts specifically provides Commission given the consignor or consignee, in for the exercise of the power “pursuant writing, within 24 hours, exclusive of SUBCHAPTER A— GENERAL RULES AND Sundays and holidays, after arrival of to regulations of the Director of the Bu- REGULATIONS real of Federal Credit Unions * * car at destination or other hold point. The Director believes that in order to [S.O. 976] (iv) Loaded cars held at destination carry out the legislative intent it is nec­ PART 95— CAR SERVICE for accessorial terminal services de­ essary and desirable to enable Federal scribed in the applicable tariffs, such as credit unions to participate in the pro­ Railroad'Operating Regulations for holding for orders or inspection, shall be grams established by P.L. 89-329, and Freight Car Movement placed on unloading or inspection tracks, P.L. 89-287, as soon as possible, to the and proper notice given within 24 hours, end that there will be minimum delay in At a session of the Interstate Com­ exclusive of Sundays and holidays, after making needed funds available under merce Commission held in Washington, arrival at destination. On cars set off these programs to student members who D.C., on the 16th day of March A.D. and held short of billed destination, a are in eligible higher education or voca­ 1966. written notice shall be sent or given to tional institutions. It appearing,, that the unprecedented consignee or other party entitled to re­ Accordingly, the Director finds it es­ level of the economy is placing tremen­ ceive such notice, within 24 hours of sential that the following amendment be dous pressures on railroad transporta­ arrival, exclusive of Sundays and holi­ effective immediately. Therefore, ad­ tion facilities, causing such acute short­ days, at the hold point. vance notice and procedure thereon is ages of freight cars in all sections of the (2) Removal of cars, (i) Empty cars impracticable, unnecessary, and contrary country as to close industrial plants, im­ must be removed from point of unload­ to the public interest. pede the movements of agricultural ing or interchange tracks of industrial Part 301 is amended by adding the products and other goods to market; plants within 24 hours, exclusive of Sun­ following section thereto: that delays in transportation threaten days and holidays, following unloading to cause unwarranted increases in the or release by consignee or shipper, unless § 301.25 Insured loans to student mem­ prices of certain commodities; that car such empty cars are ordered or appro­ bers in eligible higher education or owners and shippers in all sections of priated by the shipper with approval of vocational institutions. the country are being deprived of the use carrier for reloading within such 24-hour Notwithstanding the limitations of the of the cars acquired to handle their traf­ period. Empty cars not ordered for load­ Federal Credit Union Act with respect to fic; that present rules, regulations, and ing at point where made empty must be loans to members, and the provisions of practices with respect to the use, supply, forwarded in line-haul service withir) 24 § 301.21, a Federal credit union, upon control, movement, distribution, ex­ hours, following removal of empty cars. appropriate amendment of its Bylaws in change, interchange, and return of (ii) Outbound loaded freight cars must compliance with § 301.4, may make in­ freight cars are not promoting the most be removed from point of loading or in­ sured loans to student members pursuant efficient utilization of cars. It is the terchange tracks of industrial plants to the power conferred by the Higher opinion of the Commission that an emer- within 24 hours, exclusive of Sundays and Education Act of 1966, Title IV, Part B, 'gency exists requiring immediate action holidays, following acceptance by car­ section 434, P I . 89-329, 79 Stat. 1247, to promote car service in the interest of rier of the shipping instructions cover­ approved November 8, 1965, and the Na­ the public and the commerce of the peo­ ing the cars. Such cars must be for­ tional Vocational Student Loan Insur­ ple. Accordingly, the Commission finds warded in line-haul service within 24 ance Act of 1965, section 16, P.L. 89-287, that notice and public procedure are im­ hours, following release and removal. 79 Stat. 1048, approved October 22, 1965. practicable and contrary to the public (iii) Cars subject to subdivisions (i) The exercise of this power by a Federal interest, and that good cause exists for and (ii) of this subparagraph not made credit union, including the aggregate making this order effective upon less accessible to the carrier shall be subject and individual amounts, terms, and con­ than thirty days’ notice. to demurrage until such time as they ditions of insured loans to student mem­ It is ordered, That: become, and remain, accessible to the carrier. bers, and the nècessary practices and § 95.975 Service Order No. 975. procedures in connection therewith, shall (3) Forwarding of cars, (i) Loaded be in accordance with the provisions of (a) Railroad operating regulations forand empty cars of foreign or private Title IV, Part B, of the Higher Education freight car movement. Each, common ownership, and empty system freight Act of 1965, the National Vocational carrier by railroad subject to the Inter­ cars when the holding line is the bene­ Student Loan Insurance Act of 196&rand state Commerce Act shall observe, en­ ficiary of Car Distribution Directions or the regulations issued thereunder. force, and obey the following rules, reg­ Orders issued by this Commission appli­ ulations, and practices with respect to cable to the kind of car held, shall not (Sec. 434, 79 Stat. 1247; sec. 16, 79 Stat. 1048) its car service: be held in excess of 24 hours for any pur­ Effective date. This regulation shall (1) Placing of cars, (i) Loaded cars, pose, except as follows: become effective upon the date of pub­ which after placement will be subject to (ii) Loaded cars held subject to in­ lication in the F édérai. R egister. demurrage rules applicable to detention structions of consignee, consignor, or other qualified owner of the freight con­ Dated: January 26, 1966. of cars awaiting unloading, shall be ac­ tually or constructively placed within tained therein. [seal] J . Deane Gannon, 24 hours, exclusive of Sundays and holi­ (iii) Cars held for repairs. Director, days, following arrival at destination. (iv) Cars held because no train or Bureau of Federal Credit Unions. (ii) Actual placement means placing switch engine service is available between hold point and destination. (See sub- Approved: February 18,1966. of a car on industrial interchange tracks or other-than-public-delivery tracks paragraph (6) of this paragraph). R obert M. B all, serving the consignee, or on public de­ (4) Cars held for repairs, (i) Loaded Commissioner of Social Security. livery tracks preceded or accompanied cars and empty cars of foreign or private ownership, and empty system cars when Approved: March 14,1966. by proper notice. (iii) When delivery of a car, either the holding line is the beneficiary of Car W ilbur J . C ohen, empty or loaded, consigned or ordered Distribution Directions or Orders issued Acting Secretary of Health, Edu­ to an industrial interchange track or to by this Commission applicable to the cation, and Welfare. other than a public delivery track can­ kind of car held, which are held for [F.R. Doc. 66-2993; Filed, Mar. 21, 1966; not be made because of any condition light repairs shall be placed on repair 8:49 a.m.] attributable to the consignee, such car tracks not later than the first 7 a.m., ex-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 RULES AND REGULATIONS 4803 elusive of Sundays and holidays after (2) Holidays shall be those listed in service in the interest of the public and time carded for repairs. Light repairs item 25 of Agent H. R. Hinsch’s Tariff the commerce of the people. According­ shall be made on same calendar day, ICC H-17 naming Car Demurrage Rules ly, the Commission finds that notice and exclusive of Sundays and holidays, that and Charges, supplements thereto or public procedure axe impracticable and cars are placed on repair tracks; except successive issues thereof. contrary to the public interest, and that that when necessary to order from car (c) Regulations suspended—announce­ good cause exists for making this order owner the material necessary to make ment required. The operation of all effective upon less than 30 days’ notice. light repairs to foreign or private cars, rules and regulations, insofar as they It is ordered, T h at: light repairs to foreign or private cars conflict with the provisions of this order, held awaiting such material shall be com­ is hereby suspended and each railroad § 95.979 Service Order No. 979. pleted prior to 11:59 p.m., of the calendar subject to this order, or its agent, shall (a) Demurrage and detention on day which includes the first 7 a.m., inclu­ publish, file, and post a supplement to freight cars. Each common carrier by sive of Sundays and holidays, after re­ each of its tariffs affected hereby, in sub­ railroad subject to the Interstate Com­ ceipt of such material at the station at stantial accordance with the provisions merce Act shall observe, enforce and obey which the repair point is located. of Rule 9(k) of the Commission’s Tariff the following rules, regulations, and (ii) Light repairs are defined as re­ Circular No. 20, announcing such sus­ practices with respect to its demurrage pairs requiring less than 20 man-hours pension. and car detention rules, practices, and by repair track forces to complete. (d) Effective date. This order shall charges: (5) Railroad operating regulations for become effective a t 12:01 a.m., March 21, (b) Description of cars subject to this the movement of freight cars, (i) No 1960. order. This order shall apply to freight common carrier by railroad subject to (e) Expiration date. This order shall cars which are subject to demurrage and the Interstate Commerce Act shall delay expire at 11:59 pjn., December 31, 1966, detention rulfes applicable to detention the movement of cars by holding such unless otherwise modified, changed, or of cars. cars in yards, terminals, or sidings for suspended by order of this Commission. (c) Saturdays to be included in com­ the purpose of increasing the time in (Secs. 1, 12, 15, and 17(2), 24 Sfcat. 379, 383, puting demurrage and detention on transit of such loaded cars. 384, as amended; 49 UJ3X1.1,12,15 and 17(2). freight cars. (1) Each common carrier (ii) Oars shall not be set out between Interprets or applies secs. 1(10-17), 15(4), by railroad subject to the Interstate terminals except in cases of emergencies and 17(2), 40 Sftat. 101, as amended 54 Start;. Commerce Act shall include all Satur­ or sound operating practices. 911; 49 U.S.C. 1(10-17), 15(4), and 17(2)) days when computing free time and de­ (ill) Backhauling cars for the purpose It is further ordered, That a copy of murrage or detention charges on all of increasing the time in transit is pro­ this order and direction shall be served freight cars described in paragraph (b) hibited. upon the Association of American Rail­ of this section whether or not the cars (iv) Through cars shall not be han­ roads, Car Service Division, as agent of are subject to monthly average demur­ dled on local or way freight trains for all the railroads subscribing to the car rage agreement or other periodic settle­ the purpose of increasing the time in service and per diem agreement under ment period. transit of such cars. the terms of that agreement; and that (d) Increased demurrage and deten­ (v) The use by any common carrier by notice of this order be given to the gen­ tion charges. Except as provided in railroad for the movement of cars over eral public by depositing a copy in the paragraph (g) of this section, each com­ its line, of any route other than its usual Office of the Secretary of the Commission mon carrier by railroad subject to the In­ and customary fast freight route from at Washington, D.C., and by filing it with terstate Commerce Act shall assess de­ point of receipt of the car from consignor, the Director, Office of the Federal Reg­ murrage for each day, or fraction of a or connecting line, to point of delivery ister. day, each car described in paragraph (b) to consignee, or to next connecting line, of this section is held after the expira­ except for the purpose of according a By the Commission, tion of the free time at not less than the lawfully established transit privilege (not [seal] H. Ne il G arson, following rates: including a diversion or reconsignment Secretary. (1) Cars not subject to average demur­ privilege) is hereby prohibited. rage agreement. $10.00 for each of the (6) Availability of service, (i) The [FJt. Doc. 65-3071; Filed, Mar. 21, 1966; 8:51 a.m.] first 4 days, or fraction of a day after the availability for movement of forty (40) expiration of the free time. $15.00 for or more cars, whether loaded or empty, each subsequent day, or fraction of a day. in territory normally served by a single [S.O. 979] (2) Cars subject to average demurrage train or engine, shall be considered suffi­ agreem ent. On cars subject to Average cient to justify the train or engine serv­ PART 95— CAR SERVICE Demurrage Agreement, as provided in ice required to place, remove, or forward Demurrage and Detention on Freight Rule 9, Item 940, Freight Car Demurrage all such cars on any given day. Where Cars Tariff 4-G, IOC, H-17, issued by H. R. side-trip operations are necessary, the Hinsch, supplements thereto or reissues availability of 10 such cars for each 25 At a session of the Interstate Com­ thereof, or to similar time-period demur­ miles of round-trip service required to merce Commission held in Washington, rage settlement rules in other tariffs law­ move such cars will be considered suffi­ D.C., on the 16th day of March A.D. 1966. fully in effect, demurrage will be assessed cient to warrant the side-trip. It appearing, that the unprecedented as follows: $10.00 for each debit not (ii) When the volume of available level of the economy is placing tremen­ offset by a credit. After a car has ac­ traffic is less than that described in sub­ dous pressures on railroad transporta­ crued four debits, a charge of $15.00 will division (i) of this subparagraph, place­ tion facilities, causing such acute short­ be assessed for each subsequent day, or ment, removal, or forwarding of all cars ages of freight cars in all sections of the fraction of a day. which are available 1 hour or more prior country as to close industrial plants, im­ (e) The inclusion of Saturdays in com­ to departure of a train or engine serving pede the movements of agricultural prod­ puting free time and demurrage or deten­ the station or terminal where such cars ucts and other goods to market; that de­ tion charges as required by paragraph are held, by that train shall be deemed lays in transportation threaten to cause (c) of this section, and the demurrage or compliance with subparagraph (1), (2), unwarranted increases in the prices of detention charges established by para­ or (3) of this paragraph. Nothing in certain commodities; that car owners graph (d) of this section, shall apply to this paragraph shall be interpreted as and shippers in all sections of the coun­ all detention accruing on or after 7 a.m., to require the movement of a car in a try are being deprived of the use of the April 1,1966. direction opposite to its proper direction cars acquired to handle their traffic; that (f) Nothing in this order shall be con­ of movement, unless such back haul will present rules, regulations, and charges strued to require or permit the reduction expedite the overall movement of the car for demurrage and detention of cars are of any higher demurrage charges result­ to its proper destination. not promoting the most efficient utiliza­ ing from the application of any tariff (b) Application. (1) The provisions tion of cars. It is the opinion of the lawfully in effect. of this order shall apply to intrastate, Commission that an emergency exists re­ (g) The charges and provisions of interstate and foreign commerce. quiring immediate action to promote car section (g) of Rule 8 of Car Demurrage

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4804 RULES AND REGULATIONS

Tariff 4-G, ICC, H-17, issued by H. R. ice and per diem agreement under the § 32.21 of Title 50, Code of Federal Reg­ Hinsch, supplements thereto or reissues terms of that agreement ; and that notice ulations. The purpose of this amend­ thereof, or of similar rules in other de­ of this order shall be given to the gen­ ment is to provide public hunting of murrage tariffs lawfully in effect, will eral public by depositing a copy in the upland game on the Necedah National remain in effect for the periods defined Office of the Secretary of the Commis­ Wildlife Refuge, Wis., as legislatively in such items. sion at Washington, D.C., and by filing permitted. (h) Regulations su spen ded—an­ it with the Director, Office of the Federal Interested persons were given 20 days nouncement required. The operation of Register. in which to submit written comments, suggestions, or objections with respect to all rules and regulations, insofar as they By the Commission. conflict with the provisions of this order, the proposed amendment. No com­ is hereby suspended and each railroad [seal] H. Neil G arson, ments, suggestions, or objections have subject to this order, or its agent, shall Secretary. been received. The proposed amend­ publish, file, and post a supplement to ment is hereby adopted without change. each of its tariffs affected hereby, in sub­ [F.B. Doc. 66-3072; Filed, Mar. 21, 1966; Since this amendment benefits the stantial accordance with the provisions 8:51 a.m.] public by relieving existing restrictions of Rule 9(k) of the Commission’s Tariff on hunting, it shall become effective Circular No. 20, announcing such^ sus­ upon publication in the F ederal pension. R egister. (i) Effective date. This order shall Title 50— WILDLIFE AND (Sec. 10; 45 Stat. 1224; 16 U.S.C. 7151; sec. 4, become effective at 7 a.m., April 1, 1966. 48 Stat. 451 16 U.S.C. 718d) (j) Expiration date. This order shall FISHERIES Section 32.21 is amended by the addi­ expire at 6:59 a.m., December 1, 1966, Chapter I— Bureau of Sport Fisheries tion of the following area as one where unless otherwise modified, changed, or hunting of upland game is authorized. suspended by order of this Commission. and Wildlife, Fish and Wildlife Service, Department of the Interior § 32.21 List of open areas; upland (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, game. 384, as amended; 49 U.S.G. 1, 12, 15, and 17 SUBCHARTER C— THE NATIONAL WILDLIFE ***** (2). Interprets or applies secs. 1(10-17), REFUGE SYSTEM 15(4), and 17(2), 40 Stat. 101, as amended W i s c o n s i n 54 Stat. 911; 49 U.S.O. 1(10-17), 15(4), and PART 32—-HUNTING NECEDAH NATIONAL WILDLIFE REFUGE 17(2)) ***** Necedah National Wildlife Refuge, J ohn A. Carver, J r., It is further ordered, That copies of Wis. this order and direction shall be served Under Secretary of the Interior. upon the Association of American Rail­ On page 2784 of the F ederal R egister March 16, 1966. roads, Car Service Division, as agent of of February 16,1966, there was published [F.B. Doc. 66-2979; Filed, Mar. 21, 1966; the railroads subscribing to the car serv­ a notice of a proposed amendment to 8:47 am .]

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4805

Proposed Rule Making

(g) “Other vegetative reso u rces” fire control, and protection of improve­ DEPARTMENT OF THE INTERIOR means all vegetative material which ments, watersheds, and recreational Bureau of Land Management cannot be measured in units of board values. Such additional provisions shall feet of timber. be made available for inspection by pro­ E43 CFR Parts 5400, 5430, 5440 1 (h) “Set-aside” means a designation spective bidders during the advertising of timber for sale which is limited to period. FOREST PRODUCT DISPOSALS bidding by small business concerns as (b) Where a timber sale notice pro­ Notice of Proposed Rule Making defined by the Small Business Adminis­ vides that the successful bidder may use tration in its regulations (13 CFR Part a Small Business Administration road Basis and purpose. Notice is hereby 121) under the authority of section 15 construction loan, and the bidder has given that pursuant to the authority of the Small Business Act of July 18,1958 reason to believe that he qualifies for vested in the Secretary of the Interior (72 Stat. 384). such road construction loan under SBA by the Act of August 28, 1937 (50 Stat. (i) “Third party scaling” means the regulations (13 CFR PART 121), the 874) and the Act of July 31,1947 (61 Stat. measurement of logs by a scaling orga­ bidder shall submit to the authorized of­ 681) as amended, it is proposed to amend nization, other than a Government ficer a statement of his intention to file 43 CFR Group 5400 as set forth below. agency, approved by the Bureau. with SBA for such SBA road construc­ It is the policy of the Department of (j) “Sale value” means the contract tion loan. The purpose of the filing is the Interior whenever practicable, to af­ value of the stumpage sold under the to facilitate action by the Authorized ford the public an opportunity to partic­ contract. officer and the Small Business Admin­ ipate in the rule making process. Ac­ istration on the loan application. cordingly, interested persons may sub­ PART 5430— PRESALE PREPARATION, Subpart 5437— Performance Bonds mit written comments, suggestions, or ADVERTISEMENT AND CONTRACT objections with respect to the proposed PREPARATION 4. Section 5437.1 is amended by re­ amendments to the Bureau of Land wording paragraph (b) to delete refer­ Management, Department of the Inte­ Subpart 5433— Bids and Awards of ence to a logging unit and permit cutting rior, Washington 25, D.C., within 30 days Contract of timber against the increase in value of of the date of publication of this notice the minimum performance bond. It will in the F ederal R egister. 2. Section 5433.1 is amended by de­ also permit payment for timber so cut in PART 5400— FOREST PRODUCT leting paragraph (b) from § 5433.1 and the regular installment manner. As incorporating it in § 5436.1; § 5433.1 will amended § 5437.1(b) reads as follows: DISPOSALS; GENERAL then read as follows: § 5437.1 Requirements. Subpart 5400— Forest Product § 5433.1 Qualification of bidders and ***** Disposals; General purchasers. (b) The authorized officer may permit 1. Section 5400.0-5 is amended by A bidder or purchaser for the sale of timber must be (a) an individual who the cutting of timber before payment of clarifying the wording of paragraphs (a) the second or subsequent installments as and (f) and the deletion of the para­ is a citizen of the United States, (b) a partnership composed wholly of such provided in this paragraph. The pur­ graph defining “Logging unit” to read chaser must increase the minimum per­ as follows: citizéns, or (c) an unincorporated as­ sociation composed wholly of such citi­ formance bond required by paragraph § 5 400.0-5 Definitions. zens, dr (d) a corporation authorized (a) of this section by an amount equal to transact business in the states in which to one or more installment payments. Except as the context may otherwise the timber is located. A bidder must also The adjusted bond must be approved by indicate, as the terms are used in Parts have submitted a deposit in advance, as the authorized officer in writing prior to 5410-5450 of this chapter and in con­ required by § 5433.2. To qualify for bid­ cutting any tiniber. The unenhanced tracts issued thereunder: ding to purchase set-aside timber, the value of timber allowed to be cut in ad­ (a) “Bureau” means the Bureau of bidder must accompany his deposit with vance of payment is limited to the Land Management, Department of the a self-certification statement that he is amount of the increase over and above Interior. . qualified as a small business concern as the minimum performance bond re­ (b) “Director” means the Director of defined by the Small Business Adminis­ quired by paragraph (a) of this section the Bureau of Land Management. tration (13 CFR Part 121). and in no event shall the unenhanced (c) “Authorized Officer” means an value of the timber cut exceed 50 percent employee of the Bureau of Land Man­ Subpart 5436— Contract Forms of the total contract purchase price. agement, to whom has been delegated The increased amount of the bond shall the authority to take action. 3. Section 5436.1 is amended by the be used to assure payment for such tim­ (d) “O. and C. Lands” means the Re­ addition of paragraph (b) requiring a ber. Timber cut pursuant to this para­ vested Oregon and California Railroad bidder to notify the authorized officer of graph may be paid by installments. and Reconveyed Coos Bay Wagon Road his intent to apply for an SBA road con­ Upon payment, the increased amount of Grant Lands and other lands adminis­ struction loan, and is intended to facili­ the bond may be applied to other timber tered by the Bureau of Land Manage­ tate action on the loan application rather sold under the contract to permit its ment under the provisions of the Act than being a bid qualification. As so cutting in advance of payment. Of August 28, 1937 (50 Stat. 874). amended § 5436.1 reads as follows: * ♦ * * * (e) “Public Lands” means the public § 5436.1 Provisions. domain and its surface resources under the jurisdiction of the Bureau of Land (a) All sales shall be made on contract PART 5440— SALE ADMINISTRATION Management and lands from which the forms approved by the Director. The vegetative resources may be sold in ac­ authorized officer may include additional Subpart 5441— Contract Performance cordance with the provisions of § 5400.0- provisions in the contract to cover con­ 5. Section 5441.2 is amended to con­ 3(a) (2) (fi). ditions peculiar to the sale area, such as form to the provisions of 5437.1 by re­ (f) “Timber” means standing trees, road construction, logging methods, sil­ wording paragraph (c) (2) to require in­ downed trees or logs which are capable vicultural practices, reforestation, snag stallment payment prior to removal of of being measured in board feet. felling, slash disposal, fire prevention, timber cut against the bond. Paragraph

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4806 PROPOSED RULE MAKING

(d) is reworded to require payment in extension. The authorized officer may composed of mushrooms over 1% inches full prior to expiration of the time for require that the reappraised total pur­ in diameter. The size classification sec­ cutting and removal. As so amended, chase price shall be paid in advance as tion would permit other size designations § 5441.2 (c) (2) and (d) read as follows: a condition of granting an extension. which may be specified by the seller or * * * * * buyer. § 5441.2 Payment. The proposed revision of the standards H a r r y R . . A n d e r s o n , ***** results from extensive study and con­ Assistant Secretary of the Interior. (C) * * * sultation with industry representatives. (2) Payment in advance of skidding, M a r c h 16, 1966. A study draft incorporating their rec­ yarding or removal. The first install­ [F.R. Doc. 66-2970; Filed, Mar. 21, 1966; ommendations was distributed to indus­ ment shall be paid in the same manner 8:46 a.m.] try members in September 1965. Only as provided in subparagraph (1) of this minor changes have been made in the paragraph. If cutting is permitted be­ text of that draft. fore payment of the second installment, DEPARTMENT OF AGRICULTURE The proposed revised standards, are as provided by § 5437.1 (b) of this chap­ as follows: ter, payment by installment shall be Consumer and Marketing Service Grades made prior to the skidding, yarding, or gee. [ 7 CFR Part 51 1 51.3385 U.S. No. 1. removal of the timber sold. Each subse­ 51.3386 U.S. No. 2. quent installment shall be due and pay­ MUSHROOMS Unclassified able without notice when the sale value Proposed Standards for Grades1 of the timber skidded, yarded or removed 51.3387 Unclassified. equals the sum of all the payments minus Notice is hereby given that the U.S. Application of T olerances the first installment. Department of Agriculture is considering (d) The total amount of the contractthe revision of the U.S. Standards for 51.3388 Application of tolerances. purchase price must be paid prior to Mushrooms pursuant to the Agricultural Defin itio n s expiration of the time for cutting and Marketing Act of 1946 (69 Stat. 1087, as 51.3389 Similar varietal characteristics. removal under the contract. For a cruise amended} 7 U.S.C. 1621-1627). 51.3390 Mature. sale the purchaser shall not be entitled All persons who desire to submit writ­ 51.3391 Fairly well shaped. to a refund even though the amount of ten data, views, or arguments for consid­ 51.3392 Well trimmed. timber cut, removed, or designated for eration in connection with the proposal 51.3393 Open veils. cutting may be less than the estimated should file the same in duplicate, not 51.3394 Spots. total volume shown in the contract. For later than April 15, 1966, with the Hear­ 51.3395 Damage. a scale sale, if it is determined after all ing Clerk, U.S. Department of Agricul­ 51.3396 Length of stem. designated timber has been cut and ture, Room 112, Administration Build­ 51.3397 Diameter. measured that the total payments made ing, Washington, D.C., 20250, where they Metric Conversion T able under the contract exceed the total sale will be available for public inspection 51.3398 Metric conversion table. value of the timber measured, such excess during official hours of business (para­ shall be refunded to the purchaser with­ graph (b) of § 1.27, as amended at 29 Au th o rity: The provisions of this sub­ in 60 days after such determination is part issued under secs. 203, 205, 60 Stat. 1087, F .R .7311). as amended, 1090 as amended; 7 U.S.C. 1622, made. Statement of considerations leading to 1624. the proposed revision of the grade stand­ Subpart 5443— Extension of Contracts G rades ards. Representatives of the mushroom 6. Section 5443.1 is amended to permit industry have for some time indicated a § 51.3385 U.S. No. 1. receipt of application for contract ex­ need for changes in the grade standards “U.S. No. 1” consists of fresh mush­ tension prior to the expiration of the for mushrooms. The present U.S. stand­ rooms of similar varietal characteristics time for cutting and removal. As ards have been in effect since October which are mature, at least fairly well amended § 5443.1 reads as follows: 1928 and need to be brought in line with shaped, well trimmed, free from open current marketing practices. Consumer § 5443.1 Time. veils, disease, spots, insect injury, and demands have changed greatly in past decay, and from damage by any cause. If the purchaser shows that his delay years and so have the marketing meth­ (a) Size. Size is specified in terms of in cutting or removal was due to causes ods of the mushroom industry. The pro­ diameter and unless otherwise specified beyond his control and without his fault posed revision to the extent practical is meets the requirements of one of the or negligence, the authorized officer may designed to reflect current quality mar­ following size classifications: grant an extension of time, not to exceed keting practices. (1) Small to medium—up to 1% inches one year, upon written request of the The proposed revision would provide in diameter. purchaser. Additional extensions may two grades, U.S^ No. 1 and U.S. No. 2 in­ (2) Large—over 1% inches in diam­ be granted upon written request of the stead of only one grade, U.S. No. 1, as eter. purchaser. Written requests fQ£_ exten­ provided by the current standards. The (b) Tolerances. In order to allow for sion must be received prior to the expira­ Ü.S. No. 1 grade would not allow open variations incident to proper grading tion of the time for cutting and removal. veils at shipping point, but would permit and handling the following tolerances, by No extension may be granted without re­ a 10-percent tolerance for this factor weight, are provided as specified: appraisal as provided in § 5443.2. en route or at destination. The proposal (1) At shipping point.2 5 percent for would also permit a 10-percent tolerance mushrooms in any lot which fail to meet 7. Section 5443.2 (b) is amended to per­ for open veils in the U.S. No. 2 grade, mit the authorized officer to waive the the requirements of this grade, but not at shipping point, and a 25-percent tol­ more than one-fifth of this amount or payment in full requirement as a con­ erance en route or at destination. Only dition of granting a contract extension. 1 percent shall be allowed for mushrooms two size classifications would be pro­ affected by disease, spots, or decay. As so amended § 5443.2(b) reads as fol­ vided, whereas existing standards pro­ lows: ' (2) En route or at destination. 10 per­ vide four. The two prescribed size clas­ cent for ^mushrooms in any lot which § 5443.2 Reappraisal. sifications are “Small to Medium”, which have open veils. 5 percent for mush- ***** would include mushrooms ranging up to 1% inches in diameter, and “Large” (b) For a cruise sale the timber sold 2 Shipping point, as used in these stand­ remaining on the contract area shall be 1 Packing of the product in conformity withards, means the point of origin of the ship­ reappraised for the purpose of comput­ the requirements of $hese standards shaU ment in the producing area or at port of ing the reappraised total purchase price. not excuse failure to comply with the pro­ loading for ship stores or overseas shipment The reappraised total purchase price visions of the Federal Food, Drug, and Cos­ or, in the case of shipments from outside the shall not be less than the total purchase metic Act or with applicable State laws and continental United States, the port of entry price established by the contract or last regulations. into the United States.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 PROPOSED RULE MAKING 4807

rooms in any lot which fail to meet the tolerance specified, except that at least M e t r ic C o n v e r s io n T a b l e remaining requirements of this grade, one defective and one off-size specimen § 51.3398 Metric conversion table. but not more than one-fifth of this latter may be permitted in any package: Pro­ amount or 1 percent shall be allowed for vided, That the average for the entire lot Metric Conversion T able Milli­ mushrooms affected by disease, spots, or is within the tolerance specified for the meters decay. grade. Inches (m m ) (3) For off-size. 10 percent for mush­ D e f i n i t i o n s % equals______3.2 rooms in any lot which fail to meet the § 51.3389 Similar varietal characteris­ % equals______6.4 specified size requirements. tics. % equals______9. 5 * * * * * y2 equals______12.7 “Similar varietal characteristics” % equals______15.9 § 51.3386 U.S. No. 2. means that the mushrooms are of the % equals.______19.1 “U.S. No. 2.” The requirements for same general color. For example, white % equals______22. 2 1 equals______«■;______25.4 this grade are the same as for U.S. No. 1 and brown mushrooms shall not be mixed 1% equals______31. 8 except for a greater tolerance for open in the same container. 1 y2 equals______38.1 veils and a larger tolerance for defects. § 51.3390 Mature. 1% equals______44.5 (a) Size. Size is specified in terms of 2 equals______50.8 diameter and unless otherwise specified “Mature” means that the mushroom is 3 equals______•______76.2 meets the requirements of one of the firm and well developed; the veil area 4 equals______101.6 following size classifications: may be stretched but not broken. Dated: March 17,1966. (1) Small to medium—up to 1% § 51.3391 Fairly well shaped. inches in diameter; G . R . G r a n g e , (2) Large—over 1% inches in diam­ “Fairly well shaped” means that the Deputy Administrator, eter. mushroom cap is not flattened, scalloped, Marketing Services. (b) Tolerances. In order to allow for indented or otherwise deformed to an [F.R. Doc. 66-3011; Filed, Mar. 21, 1966; variations incident to proper grading extent which materially detracts from 8:51 am .] and handling the following tolerances, the appearance or marketing quality. by weight, are provided as specified: § 51.3392 Well trimmed. Cl) At shipping point.2 10 percent for mushrooms in any lot which have open “Well trimmed” means that the stems FEDERAL COMMUNICATIONS veils. 10 percent for mushrooms in any are smoothly cut, fresh from rough fleshy lot which fail to meet the remaining re­ butts, the flared portion of the butt is COMMISSION quirements of this grade, but not more removed and the remaining portion of than one-tenth of this latter amount or the stem does not exceed the depth of the [ 47 CFR Part 73 1 cap. 1 percent shall be allowed for mushrooms [Docket No. 16538; FCC 66-265] affected by disease, spots or decay. § 51.3393 Open veils. (2) En route or at destination. 25 TABLE OF TELEVISION ASSIGNMENTS, percent for mushrooms in any lot which “Open veils” means that the cap has TELEVISION BROADCAST STATIONS have open veils. 10 percent for mush­ expanded to the extent that the protec­ rooms in any lot which fail to meet the tive covering or “veils” joining the mar­ Notice of Proposed Rule Making remaining requirements of this grade, gin of the cap to the stem have broken but not more than one-tenth of this lat­ and exposed the gills or underside of the 1. On February 9, 1966, the Commis­ ter amount or 1 percent shall be allowed cap. sion adopted the fifth report and order in Docket 14229, revising the UHF Tele­ for mushrooms affected by disease, spots § 51.3394 Spots. or decay. vision table of assignments. The new (3) For off-size. 10 percent for mush­ “Spots” means pitted or discolored assignment plan was developed through rooms in any lot which fail to meet the areas. the use of an electronic computer. One specified size requirements. of the criticisms1 raised when this plan § 51.3395 Damage. was first advanced was that the geo­ U nclassified “Damage” means any specific defect graphic flexibility provided was ineffi­ § 51.3387 Unclassified. described in this section; or an equally cient and wasteful of channels. In the objectionable variation of any one of fifth report and order we stated: “Unclassified” consists of mushrooms these defects, any other defect, or any “The use of geographic flexibility and which have not been classified in ac­ combination of defects which materially the attendant reduction in efficiency is cordance with either of the foregoing detracts from the appearance, or the one of the penalties of a preplanned table grades. The term “unclassified” is not edible or marketing quality of the indi­ of assignments. Television broadcast a grade within the meaning of these vidual mushroom or of the mushrooms in stations are required by rule to meet cer­ standards but is provided as a designa­ the lot. The following specific defects tain geographic separations in order to tion to show that no grade has been ap­ shall be considered as damage: prevent destructive interference between plied to the lot. (a) Discoloration when the color of stations on the channel and on a number A p p l ic a t i o n o f T o l e r a n c e s the cap or stem materially affects the of technically related channels. Where the exact transmitter location is known § 51.3388 Application of tolerances. appearance or marketing quality of the mushrooms. as in the case of applications these dis­ The contents of indiyidual packages in (b) Dirt when any amount is em­ tances can be determined accurately and the lot, based on sample inspection, are bedded in the cap or stem. asisgnments made at or very near the subject to the following limitations: required separations. In a preplanned (a) For a tolerance of 10 percent or §51.3396 Length of stem. assignment table, many assignments are more, individual packages in any lot shall “Length of stem” means the greatest made for future use where there is no have not more than one and one-half distance as measured from the point of advance knowledge of transmitter sites times the tolerance specified: Provided, attachment of the “veils” on the stem which might be used. Thus, such a table That the average for the entire lot is to the butt. must take into account the possibility that available land, local zoning require- within the tolerance specified for the § 51.3397 Diameter. grade. (b) For a tolerance of less than 10 “Diameter” means the greatest dimen­ 1 See NAEB petition for reconsideration of Percent, individual packages in any lot sion of the cap measured at right angles the fourth report and order in Docket No. shall have not more than double the to the stem. 14229.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 5 S 5 4808 PROPOSED RULE MAKING merits and aeronautical hazard consid­ In view of the above, and the fact that Home Loan Bank Board (12 CFR Part erations might limit the choice of sites Akron is substantially larger than Can­ 508), it is hereby proposed that para­ in any direction around the city listed ton,® comments are requested on the de­ graph (a) of § 522.71 and § 524.6 of the in the table. This is done by using a sirability of amending § 73.606 of the regulations for the Federal Home Loan reference point in the city for the com­ rules to read as follows: Bank System (12 CFR 522.71(a) and putation of distance and then making 524.6) be amended by amendments the the assignments at somewhat more than Channel No. substance of which are as follows: the required minimum geographic sepa­ City Amend paragraph (a) of § 522.71 to ration. The reference point used in the Present Proposed read as follows: city is usually the location of the main § 522.71 Compensation. post office. Main post offices were chosen 49, *55,67 23, *49,65 because every city or town likely to be 17,23 17,67 (a) The board of directors of each included in a table of assignments will Bank shall annually adopt and submit to the Board appropriate resolutions have a main post office. application is on file for Channel 23 at “If assignments could be made at showing the contemplated compensation Canton. This application was filed in of officers and legal counsel, to be effec­ exactly the required geographic separa­ the latter part of December 1965, after tion the greatest number of assignments tive during the next calendar year. The the Commission’s announcement of Sep­ Board •will, for each Bank, either ap­ on each channel could be realized. How­ tember 15, 1965 (FCC 65-813, Mimeo No. ever, cities are not so ideally spaced and prove or disapprove, in whole or in part, 72543) which stated that an effort would such proposed compensation and will most assignments are at more than the be made to retain channels for applicants minimum separation. This reduces the advise the Bank of its action relating which had filed prior to that date. Ap­ thereto. Each Bank may establish the efficiency of any plan and when the sepa­ plicants filing later were on notice that rations are lengthened to provide flexi­ amount and form of compensation of all the assignments contained in the fourth other employees within the limits set bility in the future selection of trans­ report table would, likely be changed. mitter sites the inefficiency is increased.” forth in its approved budget. No bonus 4. If it is determined by the Commission shall be paid by any Bank to any direc­ 2. In the plan adopted in the fourth that the rule amendment proposed here­ report and order the computer was in­ tor, officer, employee or other person. in will serve the public interest, the Com­ ***** structed to provide at least 10 miles of mission will take such further action as geographic flexibility for cochannel as­ may be appropriate with respect to out­ Amend § 524.6 to read as follows: signments. The same geographic flexi­ standing authorizations. Each Bank shall prepare and submit bility was incorporated in the fifth report 5. Authority for the adoption of the to the Board for its approval a budget and order; however, in a number of in­ amendments proposed herein is con­ of operations in the manner and accord­ stances the efficiency of the plan was not tained in sections 4(i), 303, and 307(b) ing to the procedure prescribed in its impaired by making minor deviations in of the Communications Act of 1934, as bylaws. Each Bank shall submit to the individual areas. Other cases may come amended. Board with its budget a certificate signed to light where, for example, the exact 6. Pursuant to applicable procedures by its president as to the compliance by transmitter site is known and the assign­ set out in § 1.415 of the Commission’s each of its officers, legal counsel and em­ ments can be made at shorter distances rules, interested parties may file com­ ployees with the provisions of § 522.70 of thus increasing the efficiency of the plan ments on or before April 18,1966, and re­ this subchapter. The Board will either or more nearly fulfilling the stipulated ply comments on or before April 29,1966. approve the budget as submitted by each priorities. One such case is in the All submissions by parties to this pro­ Bank or approve such budget with such Akron-Canton, Ohio area, where a peti­ ceeding or by persons acting in behalf of adjustments therein as to it appears tion was filed on January 2, 1963, by the such parties must be made in written proper. A Bank may at any time adopt present licensee of Channel 49 in Akron comments, reply comments or other ap­ and request the Board’s approval of an to switch with Channel 23 in Massillon. propriate pleadings. amendment to its approved budget and, Although this reassignment was pro­ 7. In accordance with the provisions of upon approval of any such amendment posed for rulemaking (Docket 15027) and § 1.419 of the rules, an original and 14 by the Board, such Bank shall be oper­ later incorporated into the further notice copies of all written comments, replies, ated within such amended budget. of proposed rule making in Docket 14229 pleadings, briefs, or other documents (Sec. 17, 47 Stat. 736, as amended; 12 U.SXJ. adopted October 24, 1963, it was not shall be furnished the Commission. 1437. Reorg. Plan No. 3 of 1947,12 F.R. 4981, adopted in the fourth report and order. 3 CFR, 1947 Supp.) When the computer originally selected Adopted: March 16, 1966. Resolved further that all interested corrected assignments for the Akron- Released: March 17,1966. Canton area It retained Channel 49 in persons are hereby given the opportu­ Akron because of the outstanding li­ F e d e r a l C ommunications nity to submit written data, views, or cense on that channel. Even if there had C o m m i s s i o n ,3 arguments on the following subjects and issues: (1) Whether said proposed been no outstanding authorization the s e a l e n a p l e [ ] B F . W , amendment should be adopted as pro­ computer would have selected Channel Secretary. 49 for assignment to Akron because with posed; (2) whether said proposed [F.R. Doc. 66-3000; Filed, Mar. 21, 1966; amendment should be modified and the added geographic flexibility, no 8:50 a.m.] adopted as modified; (3) whether said lower channel could be assigned either at proposed amendment should be rejected. the post office location or the site of All such written data, views, or argu­ Channel 49. However, a subsequent ex­ FEDERAL HOME LOAN BANK BOARD ments must be received through the mail amination of the area, prompted by a or otherwise at the Office of the Secre­ desire to review the earlier petitions [1 2 CFR Parts 522, 524 ] tary, Federal Home Loan Bank Board, which had been denied in the fourth re­ [No. 19,783] Federal Home Loan Bank Board Build­ port and order, showed that by consider­ ing, 101 Indiana Avenue NW., Washing­ FEDERAL HOME LOAN BANK ton, D.C., 20552, not later than April 22, ing flexibility unnecessary where there SYSTEM are existing stations at known sites, 1966, to be entitled to be considered, but any received later may be considered in Channel 23 could be assigned to Akron at Compensation and Budgets the discretion of the Federal Home Loan the same efficiency as the assignment to Bank Board. Canton. Such an assignment would also M a r c h 16,1966. meet more of the priorities used in de­ Resolved that, pursuant to Part 598 of By the Federal Home Loan Bank veloping the overall plan since Akron is the general regulations of the Federal Board. the larger city. The computer program [SEAL] H a r r y W. C a u l s e n , 21960 U.S. Census populations for Akron Secretary. provided that in case of ties in impact, and Canton are 290,351 and 113,631, respec­ preference would be given to the largest tively. [F.R. Doc. 66-3004; Filed, Mar. 21, 1966: city. 3 Commissioner Loevinger absent. 8:50 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4809 Notices

Vesting Order No. 1669; $66.84 in the Treas­ sider and evaluate all proposals received DEPARTMENT OF JUSTICE ury of the United States. as a result of this notice. Bertha (Berta) Appelt, Lössau bei Schleiz, OflRce of Alien Property Thüringen, East Germany; Claim No. 37660; T h o m a s W. M o r s e , Vesting Order No. 1669; $66.84 in the Treas­ Acting Superintendent of HERTA HOFFMANN ET AL. ury of the United States. Cape Hatteras National Seashore. Hugo Wagner, namesti Gottvaldovo 67/6, Notice of Intention To Return Vested Trutnov, Czechoslovakia; Claim No. 37669; F e b r u a r y 28,1966. Property Vesting Order No. 1669; $22.28 in the Treas­ ury of the United States. [FJR. Doc. 66-2971; Filed, Mar. 21, 1966; Pursuant to section 32(f) of the Trad­ Anna Wagnerova, c. 139, ul. 5, kvetna, 8:47 a.m.] ing with the Enemy Act, as amended, Jaromer II, Czechoslovakia; Claim No. 37669; Vesting Order No. 1669; $22.28 in the Treas­ notice is hereby given of intention to re­ LEHMAN CAVES NATIONAL turn, on or after 30 days from the date ury of the United States. Bedrlch Wagner, cp. 139, ul. 5, kvetna, MONUMENT of publication hereof, the following prop­ Jaromer H, Czechoslovakia; Claim No. 37669; erty, subject to any increase or decrease Vesting Order No. 1669; $22.28 in the Treas­ Notice of Intention To Issue Concession resulting from the administration there­ ury of the United States. Permit of prior to return, and after adequate Grete Fenik, Dukelska 3, Krasna Lipa, provision for taxes and conservatory ex­ Czechoslovakia; Claim No. 37669; Vesting Pursuant to the provisions of section 5, penses: Order No. 1669; $11.14 in the Treasury of the Public Law 89-249, public notice is hereby United States. given that the Department of the Inte­ Claimants, Claim No., Property, and Otto Appelt, Ul. Bozeny Nemcove No. 15, Location Llberec V, Czechoslovakia; Claim No. 37669; rior, through the Superintendent of Leh­ man Caves National Monument, National Herta Hoffmann, 8951 Bertoldshofen Nr. Vesting Order No. 1669; $11.13 in the Treas­ 551/2, Uber Kaufbeuren, Allgäu, Germany; ury of the United States. Park Service, proposes, thirty (30) days Claim No. 37669; Vesting Order No. 1669; after the date of publication of this no­ $66.84 in the Treasury of the United States. For the Attorney General. tice, to issue for the period March 31, Irene Zita, Korachstr. 40, 205 Hamburg 1966, through December 31, 1968, the 80, Germany; Claim No. 37660; Vesting Order Executed at Washington, D.C., on March 11,1966. concession permit under which Mrs. No. 1669; $11.14 in the Treasury of the United Thelma Gregory Bullock provides con­ States. A n t h o n y L . M o n d e l l o , cession facilities and services for the pub­ Friedrich (Fritz) Appelt, Wilhelm-Oswald- lic in Lehman Caves National Monument. Strasse 19, 52 Siegburg/Rheinland, Germany; Deputy Director, Claim No. 37660; Vesting Order No. 1660; Office of Alien Property. The foregoing concessioner has per­ formed her obligations under a prior per­ $11.14 in the Treasury of the United States. [F.R. Doc. 66-2900; Filed, Mar. 21, 196b; Josef Appelt, Bismarckstrasse 50, 52 Sieg­ 8:45 a.m.] mit to the satisfaction of the National burg/Rheinland, Germany; Claim No. 37660; Park Service and, therefore, pursuant to Vesting Order No. 1669; $11.14 in the Treas­ the act cited above is entitled to be given ury of the United States. preference in the renewal of the permit For the Attorney General. DEPARTMENT OF THE INTERIOR and in the negotiation of a new permit. However, under the act cited above the Executed at Washington, D.C., on National Park Service Service is also required to consider and March 11,1966. evaluate all proposals received as a re­ CAPE HATTERAS NATIONAL A n t h o n y L . M o n d e l l o , sult of this notice. SEASHORE Deputy Director, P e t e r L . P a r r y , Office of Alien Property. Notice of Intention To Extend Superintendent, [F.R. Doc. 66-2908; Filed, Mar. 21, 1966; Concession Contract Lehman Caves National Monument. 8:45 am .] Pursuant to the provisions of section F e b r u a r y 11, 1966. HENRIETTE JEDLICKOVA ET AL. 5, Public Law 89-249, public notice is [FJR. Doc. 66-2972; Filed, Mar. 21, 1966; hereby given that the Department of the 8:47 am .] Notice of Intention To Return Vested Interior, through the Superintendent of Property Cape Hatteras National Seashore, Na­ tional Park Service, proposes, thirty Office of the Secretary Pursuant to section 32(f) of the Trad­ (30) days after the date of publication of ing with the Enemy Act, as amended, this notice, to extend for the period DIRECTOR, BUREAU OF MINES notice is hereby given of intention to re­ January 1, 1966, through December 31, turn, on or after 30 days from the date 1966, the concession contract under Delegation of Authority of publication hereof, the following prop­ which Cape Hatteras Fishing Pier, Inc. erty, subject to any increase or decrease provides concession facilities and serv­ The following delegation is a portion resulting from the administration thereof ices for the public in Cape Hatteras Na­ of the Department of the Interior Man­ prior to return, and after adequate pro­ tional Seashore. ual and the numbering system is that of vision for taxes and conservatory ex­ The foregoing concessioner has per­ the Manual. penses, and also subject to the provisions formed his obligations under prior con­ of Treasury Circular No. 655, as amended, tract to the satisfaction of the National P a r t 215—B u r e a u o f M i n e s D e l e g a t io n s 31 CFR, 211.3, and of Executiye Order Park Service and, therefore; pursuant to 215.6.1 Delegation of Authority— No. 8389, as amended, 5 F.R. 1400, 6 F.R. the act cited above is entitled to be given 2897: Solid Waste Disposal. The Director, Bu­ preference in the renewal of the con­ reau of Mines, is authorized except as Claimants, Claim No., Property, and Location tract and in the negotiation of a new provided in 260 DM 2.1, to exercise the Henrlette Jedllckova, Jeronymova 7, Li- contract. However, under the act cited authority conferred upon the Secretary berec VII, Czechoslovakia; Claim No. 37669; above the Service is also required to con­ of the Interior by the Solid Waste Dis-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4810 NOTICES

posal Act, Act of October 20, 1965, 79 GLEN EDGAR LIVESTOCK COMMISSION CO., INC., ET AL. Stat. 997. S t e w a r t L . U d a l l , Notice of Changes in Names of Posted Stockyards Secretary of the Interior. It has been ascertained, and notice is hereby given, that the names of the livestock M a r c h 12, 1966. markets referred to herein, which were posted on the respective dates specified below [F.R. Doc. 66-2973; Piled, Mar. 21, 1966; as being subject to the provisions of the packers and Stockyards Act, 1921, as 8:47 a.m.] amended (7 U.S.C. 181 et seq.), have been changed as indicated below. Original name of stockyard,, location, and date Current name of stockyard and date DIRECTOR, BUREAU OF MINES of posting of change in name Delegation of Authority Arkansas The following delegation is a portion of the Department of the Interior Man­ Glen Edgar Livestock Commission Company, Inc., Davis Livestock Auction, Sept. 22, 1965. ual and the numbering system is that of Batesville, June 28, 1957. the Manual. Taylor Auction Company, Searcy, Feb. 17, 1959__ Carson’s Livestock Auction, Feb. 4, 1966. P a r t 215—B u r e a u o f M i n e s D e l e g a t io n s Georgia 215.7.1 Delegation o f Authority— Waycross Hog and Cattle Market, Waycross, July Waycross Hog & Cattle Market, Oct. 3, Contributions from Public and Private 13.1959. 1965. Sources, and Cooperative Agreements. I daho Except as provided in 200 DM 1, the Di­ rector, Bureau of Mines, is authorized to Emmett Livestock Com mission Company, Inc., Emmett Livestock Commission Co., Inc., exercise the authority of the Secretary Emmett, Dec. 10,1951. Feb. 1,1966. of the Interior to accept lands, buildings, I owa equipment, and other contributions from public and private sources and to prose­ Fairfield Livestock Commission Co., Fairfield, May Fairfield Livestock Commission, Inc., cute projects in cooperation with other 19.1959. Sept. 1,1965. agencies, Federal, State, or private. K ansas S t e w a r t L . U d a l l , Fort Scott Sale Company, Fort Scott, June 6, 1959_ Fort Scott Sale Co., Inc., Dec. 1, 1965. Secretary o f the Interior. Manhattan Sales Company, Inc., Manhattan, Oct. Manhattan Commission Company, Inc., M a r c h 12,1966. 25,1957. Nov. 1,1965. [F.R. Doc. 66-2974; Filed, Mar. 21, 1966; Missouri 8:47 a.m.] Davis-Johnston-Patrick Sales & Commission Co., Means Auction Company, Jan. 1, 1966. Inc., Boonvlllê, May 13,1959. Moberly Livestock Auction Co., Moberly, May 9. Moberly Livestock Auction Company, DEPARTMENT OF AGRICULTURE 1959. July 14, 1965. Consumer and Marketing Service Dale D. Seabaugh Auction Barn, Sedgewickville, Sedgewickville Auction Company, Jan. 1, Nov. 25,1959. 1966. ONIONS Nebraska Notice of Purchase Program GMP 45a National Service Corporation, Plattsmouth, Apr: Plattsmouth Sale Barn, January 15, ^966. In order to encourage the domestic 25,1959. consumption of onions by diverting them Oklahoma from the normal channels of trade and commerce in accordance with section 32, Hugo Sales Commission, Hugo, Feb. 25, 1954. Hugo Sales Commission, Inc., Jan. Ì7, Public Law 320, 74th Congress, approved 1966. August 24, 1935, as amended, an onion Pawnee Sale Company, Pawnee, May 11, 1959----- Pawnee Livestock Marketing Center, purchase program was made effective Dec. 15,1965. on March 14, 1966, in onion producing Oregon areas in New York State. Purchases will be made on an announced price Dan B. Both Auction Market, Albany, Aug. 15, Roth’s, Sept. 8,1965. basis as a surplus removal activity. 1961. Onions purchased under the program will S outh Dakota be distributed to eligible schools and in­ stitutions. Details regarding price, con­ Madden Livestock Market, Inc., St. Onge, Dec. 7, Madden’s Livestock Market, Inc., Dec. 11, tainer, and other program specifications 1961. 1965. are contained in purchase announce­ ments issued by the Agricultural Stabi­ T exas lization and Conservation (ASCS) Com­ Clarksville Livestock Exchange, Clarksville, Apr. 7, Clarksville Livestock Exchange, Inc., Oct. mittee in New York State. Quantities 1960. 1,1966. purchased will depend upon marketing Conroe Cow Palace, Jan. 24,1966. conditions at the time of purchase, and Conroe Cow Palace Livestock Auction, Conroe, May 15,1962. availability of outlets for use of the Hardin Livestock Commission Company, onions without waste. Information con­ Hardin Livestock Auction Company, Hardin, Apr. cerning this purchase program may be 18,1959. May 13,1965. obtained from the Fruit and Vegetable Virginia Division, Consumer and Marketing Serv­ Piedmont Livestock Sales, Inc., Marshall, Mar. 2, Marshall Auction Sales, Oct. 15, 1965. ice, Department of Agriculture, Wash­ 1959. ington, D.C., 20250. Wisconsin (Sec. 32, 49 Stat. 774, as amended, 7 U.S.C. 612c) Fennimore Livestock Exchange, Fennimore, Apr. Fennimore Livestock Exchange, Inc., Dated: March 17, 1966. 29,1960. Feb. 4,1966. F l o y d F . H e d l u n d , Done at Washington, D.C., this 10th day of March 1966. Director, Fruit and Vegetable G l e n G . B ie r m a n , Division, Consumer and Mar­ Acting Director, Packers and Stockyards Division, keting Service. Consumer and Marketing Service. [F.R. Doc. 66-3012; Filed, Mar. 21, 1966; 8:51 a.m.] [F Jt. Doc. 66-3013; Filed, Mar. 21,1966; 8:51 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4811

(b)(5)), notice is given that a petition Dated: March 14, 1966. DEPARTMENT OF HEALTH, EDU­ (FAP 6B1853) has been filed by FMC J . K . K ir k , Corp., American Viscose Division, Marcus Assistant Commissioner CATION, AND WELFARE Hook, Pa., 19061, proposing the issuance for Operations. of a regulation to provide for the safe Food and Drug Administration use of coated polycarbonate film for the [F.R. Doc. 66-2992; Filed, Mar. 21, 1966; 8:49 a.m.] CIBA PHARMACEUTICAL CO. packaging of food. Notice of Filing of Petitions for Food Dated: March 14, 1966. Office of the Secretary Additive Sulfachlorpyridazine J . K . K ir k , Assistant Commissioner CERTAIN DESIGNATED OFFICIALS Pursuant to the provisions of the Fed­ fo r Operations. eral Food, Drug, and Cosmetic Act (sec. Delegation of Authority To Certify [F.R. Doc. 68-2990; Filed, Mar. 21, 1966; Copies of Documents 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 8:49 a.m.] (b) (5) ), notice is given that petitions The Delegation of Authority to certify (FAPs 6D1873, 6D1885) have been filed copies of documents (30 F.R. 13908) is by CIBA Pharmaceutical Co., Summit, TENNECO CHEMICALS, INC. hereby amended by adding the follow­ N.J., 07901, proposing the issuance of a ing items: regulation to provide for the safe use of Notice of Withdrawal of Petition for 2. d. Director, Bureau of Drug Abuse sulfachlorpyridazine W - (6-chloro-3- Food Additives Rosins and Rosin Control. pyridazlnyl) -sulfanilamide) for intra­ Derivatives 6. With respect to documents on file in venous or intraperitoneal administration the Administration on Aging: to calves for treatment of diarrhea Pursuant to the provisions of the Fed­ a. Commissioner on Aging; caused by E. coli (colibacillosis) and for eral Food, Drug, and Cosmetic Act (sec. b. Deputy Commissioner; and intraperitoneal administration to swine 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), c. Executive Officer for treatment of diarrhea caused by E. the following notice is issued: coli (colibacillosis) and V. coli (vibrio­ In accordance with § 121.52 W ith­ Dated: March 14, 1966. sis) . drawal of petitions without prejudice of Donald F . S impson, the procedural food additive regulations Dated: March 15,1966. Assistant Secretary (21 CFR 121.52), Tenneco Chemicals, for Administration. J . K . K irk , Inc., Newport Division, P o s t Office Assistant Commissioner Drawer 911, Pensacola, Fla., 32502, has [F.R. Doc. 68-2905; filed, Mar. 21, 1966; for Operations. withdrawn its petition (FAP 6B1894), 8:49 am .] [F.R. Doc. 66-2988; FUed, Mar. 21, 1966; published in the F ederal R egister of No­ 8:49 a.m.] vember 30, 1965 (30 F.R. 14820), pro­ posing that paragraph (a )(2)(iii) of § 121.2592 Rosins and rosin derivatives ATOMIC ENERGY COMMISSION ELANCO PRODUCTS CO. be changed to read as follows: STATE OF NEW HAMPSHIRE (iii) Partially dimerized rosin, dimer­ Notice of Filing of Petition for Food ized by sulfuric acid or zinc chloride Proposed Agreement for Assumption Additive Tylosin catalyst to a drop-softening point of of Certain AEC Regulatory Authority 95° C.-1200 C., and a color of N or paler. Pursuant to the provisions of the Fed­ On January 26,1966; February 2,1966; eral Food, Drug, and Cosmetic Act (sec. The withdrawal of this petition is 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 without prejudice to a future filing. February 9,1966; and February 16,1966, (b)(5)), notice is given that a petition Dated: March 14, 1966. the U.B. Atomic Energy Commission (FAP 6D1951) has been filed by Elanco published for public comment, prior to J . K . K irk , action thereon, a proposed agreement re­ Products Co., a division of Eli Lilly & Co., Assistant Commissioner ceived from the Governor of the State Indianapolis, Ind., 46206, proposing that for Operations. § 121.217 Tylosin be amended to provide of New Hampshire for the assumption [F.R. Doc. 66-2991; Filed, Mar. 21, 1966; of certain of the Commission’s regula­ for the safe use of tylosin for intra­ tory authority pursuant to section 274 muscular injection of cattle at 1 to 2 8:49 a.m.] milligrams per pound of body weight of the Atomic Energy Act of 1954, as daily as an aid in the treatment of pneu­ amended. The effective date proposed by the State of New Hampshire for the monia, bronchitis, metritis, contagious UNION CARBIDE CORP. calf pneumonia, foot rot, diphtheria, agreement is May 16, 1966. Republica­ pneumoenteritis of calves, secondary bac­ Notice of Withdrawal of Petition for tion of the proposed New Hampshire terial infections associated with virus Food Additives agreement is necessary to reflect the re­ cently established proposed effective diseases, and infections associated with surgery or injuries. Pursuant to the provisions of the Fed­ date. eral Food, Drug, and Cosmetic act (sec. A resume, prepared by the State of Dated: March 15,1966. 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), New Hampshire and summarizing the the following notice is issued: State’s proposed program, was also sub­ J . K . K irk, In accordance with § 121.52 W ith­ mitted to the Commission and is set Assistant Commissioner drawal of petitions without prejudice of forth below as an appendix to this no­ for Operations. the procedural food additive regulations tice: Attachments referenced in the [F.R. Doc. 66-2989; Filed, Mar. 21, 1966; (21 CFR 121.52), Union Carbide Corp., appendix are included in the complete 8:49 aon.] Post Office Box 65, Tarrytown, N.Y., text of the program. A copy of the pro­ 10592, has withdrawn its petition (FAP gram, including proposed New Hamp­ 2B0756), published in the F ederal shire regulations, is available for public FMC CORP. R egister of April 24,1962 (27 F.R. 3890), inspection in the Commission’s Public proposing the issuance of a regulation to Document Room, 1717 H Street NW., Notice of Filing of Petition for Food provide for the safe use of triethylene Washington, D.C., or may be obtained Additive Coated Polycarbonate Film glycol in ink employed in printing food­ by writing to the Director, Division of packaging materials and in printing State and Licensee Relations, U.S. Pursuant to the provisions of the Fed­ other materials that contact food. Atomic Energy Commission, Washing­ eral Food, Drug, and Cosmetic Act (sec. The withdrawal of this petition is ton, D.C., 20545. All interested persons 409(b)(5), 72 Stat. 1786 ; 21 U.S.C. 348 without prejudice to a future filing . desiring to submit comments and sug-

FE0ERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4812 NOTICES gestions for the consideration of the Whereas, this Agreement is entered into Art. VII. The Commission, upon its own Commission in connection with the pro­ pursuant to the provisions of the Atomic initiative after reasonable notice and oppor­ Energy Act of 1954, as amended; tunity for hearing to the State, or upon re­ posed agreement should send them, in Now, therefore, it is hereby agreed between quest of the Governor of the State, may triplicate, to the Secretary, U.S. Atomic the Commission and the Governor of the terminate or suspend this agreement and re­ Energy Commission, Washington, D.C., State, acting in behalf of the State, as fol­ assert the licensing and regulatory authority 20545, within 30 days after initial pub­ lows: vested in it under the Act if the Commis­ lication in the F e d e r a l R e g is t e r . Article I. Subject to the exceptions pro­ sion finds that such termination or suspen­ Exemptions from the Commission’s vided in Articles n , HI, and IV, the Commis­ sion is required to protect the public health regulatory authority which would imple­ sion shall discontinue, as of the effective date and safety. of this Agreement, the regulatory authority Art. VIII. This Agreement shall become ment this proposed agreement, as well of the Commission in the State under Chap­ effective on May 16,1966, and shall remain in as other agreements which may be en­ ters 6, 7, and 8, and section 161 of the Act effect unless, and until such time as it is tered into under section 274 of the Atomic with respect to the following materials: terminated pursuant to Article VH. Energy Act, as amended, were published A. Byproduct materials; Done at Concord, State of New Hampshire, as Part 150 of the Commission’s regula­ B. Source materials; and in triplicate, this day o f ------tions in F e d e r a l R e g is t e r issuances of C. Special nuclear materials in quantities February 14, 1962; 27 F.R. 1351; April 3, not sufficient to form a critical mass. For toe United States Atomic Energy Art. H. This Agreement does not provide Commission. 1965; 30 F.R. 4352 and September 22, for discontinuance of any authority and the Glenn T. Seaborg, 1965; 30 F.R. 12069. In reviewing this Commission shall retain authority and re­ Chairman. proposed agreement, interested persons sponsibility with respect to regulation of: For the State of New Hampshire. should also consider the aforementioned A. The construction and operation of any exemptions. production or utilization facility; - J ohn W. K ing, B. The export from or import into the Governor. Dated at Washington, D.C., this 3d United States of byproduct, source, or special William A. St y l es, day of March 1966. nuclear material, or of any production or Au stin F. Qu in n ey , utilization facility; E m ile S imard, For the Atomic Energy Commission. C. The disposal into the ocean or sea of R obert L. Mallat, Jr., W . B. M c C o o l , byproduct, source, or special nuclear waste J ames H. Hayes, Secretary. materials as defined in regulations or orders Executive Council. of the Commission; New Ham pshire R adiation Protection and Proposed Agreement B etw een th e U.S. D. The disposal of such other byproduct, R adiation Control Program Atomic E nergy Com m ission and th e State source, or special nuclear material as the of New Ham pshire for Discontinuance of Commission from time to time determines POLICIES Aim PROCEDURES FOR THE CONTROL OF Certain Co m m ission R egulatory Author­ by regulation or order should, because of the IONIZING RADIATION it y and R esponsibility With in th e State hazards or potential hazards thereof, not be F oreword Pursuant to S ection 274 of th e Atomic so disposed of without a license from the Energy Act of 1954, as Amended Commission. The following narrative sets forth a brief Whereas, the U.S. Atomic Energy Commis­ Art. m . Notwithstanding this Agreement, description of the history, practices, capa­ sion (hereinafter referred to as the Commis­ the Commission may from time to time by bilities, and proposed activities of toe New sion) is authorized under section 274 of the rule, regulation, or order, require that the Hampshire State Radiation Control Agency Atomic Energy Act of 1954, as amended manufacturer, processor or producer of any (hereafter referred to as “toe Agency”) of (hereinafter referred to as the Act), to enter equipment, device, commodity or other prod­ the New Hampshire State Department of into agreements with the Governor of any uct containing source, byproduct, or special Health and Welfare, Division of Public Health State providing for discontinuance of the nuclear material shall not transfer possession Services, as they relate to the assumption of regulatory authority of the Commission or control of such product except pursuant certain regulatory functions of toe U.S. within the State under Chapters 6, 7, and 8 to a license or an exemption from licensing Atomic Energy Commission and to the con­ and section 161 of the Act with respect to Issued by the Commission. trol of all sources of ionizing radiation, in­ byproduct materials, source materials, and Art. IV. This Agreement shall not affect cluding naturally occurring isotopes and special nuclear . materials in quantities not the authority of the Commission under sub­ radiation producing machines. sufficient to form a critical mass; and section 161 b. or i. of the Act to issue rules, The U.S. Atomic Energy Commission is Whereas, the Governor and Council of the regulations, or orders to protect the common authorized by section 274 of the Atomic State of New Hampshire is authorized under defense and security, to protect restricted Energy Act of 1954, as amended, to enter into Chapter 229, New Hampshire Laws of 1963, data or to guard against the loss or diversion an agreement with the Governor of a State to enter into this Agreement with the Com­ of special nuclear material. to transfer to toe State certain functions mission; and Art. V. The Commission will use its best of licensing and regulatory control of by­ efforts to cooperate with the State and other product, source, and special nuclear ma­ Whereas, the Governor of the State of New terial in quantities not sufficient to form a Hampshire certified o n ______that the agreement States in the formulation of standards and regulatory programs of the critical mass. The transfer of responsibility State of New Hampshire (hereinafter re­ with respect to these sources of ionizing ferred to as the State) has a program for the State and the Commission for protection against hazards of radiation and to assure radiation is made upon the determination control of radiation hazards adequate to pro­ by the Atomic Energy Commission that toe tect the public health and safety with respect that State and Commission programs for protection against hazards of radiation will State has the competency to administer li­ to the materials within the State covered by censing and regulatory authority of such this Agreement, and that the State desires to be coordinated and compatible. The State will use its best efforts to cooperate with the sources. assume regulatory responsibility for such The New Hampshire regulatory program materials; and Commission and other agreement States in the formulation of standards and regulatory for the control of sources of ionizing radia­ Whereas, the Commission found o n ____ programs of the State and the Commission tion will be conducted in such a manner as ------, that the program of the State for for protection against hazards of radiation to effectively protect the public health and the regulation of the materials covered by and to assure that the State’s program will safety, and to further the economic growth this Agreement is compatible with the Com­ continue to be compatible with the program of the State through the encouragement of mission’s program for the regulation of such of the Commission for the regulation of like the constructive and safe and proper uses materials and is adequate to protect the pub­ materials. The State and the Commission of radiation. The program will be main­ lic health and safety; and will use their best efforts to keep each other tained so as to ensure compatibility with the Whereas, the State and the Commission informed of proposed changes in their re­ regulatory program of the U.S. Atomic recognize the desirability and importance of spective rules and regulations and licensing, Energy Commission and with the programs cooperation between the Commission and inspection and enforcement policies: and of other agreement States insofar as possible. the State in the formulation of standards criteria, and to obtain the comments and Authority. The New Hampshire General for protection against hazards of radiation assistance of the other party thereon. Court, in 1963, enacted enabling legislation and in assuring that State and Commission Art. VI. The Commission and the State (RSA125, Chapter 229) designating the New programs for protection against hazards of agree that it is desirable to provide for re­ Hampshire Department of Health and Wel­ radiation will be coordinated and compati­ ciprocal recognition of licenses for the ma­ fare, Division of Public Health Services, as ble; and terials listed in Article I licensed by the other the New Hampshire State Radiation Control Whereas, the Commission and the State party or by any agreement State. Accord­ Agency, with the authority to promulgate, recognize the desirability of reciprocal rec­ ingly, the Commission and the State agree amend, and repeal codes and rules and reg­ ognition of licenses and exemption from li­ to use their best efforts to develop appro­ ulations, subject to public hearing; to re­ censing of those materials subject to this priate rules, regulations, and procedures by quire the registration of sources of radiation Agreement, and which such reciprocity will be accorded. as may be necessary to prohibit and prevent

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4813 unnecessary radiation exposure; to enter at staff will be equivalent to those of the pres­ RADIATION all reasonable times upon any private or pub­ ent prospective staff. Following are the lic property for the purpose of determining r£sum€s of the backgrounds of the proposed Health and safety of medical and industrial whether there is compliance with or viola­ Agency staff: uses of X-ray and radium; 1953-date. tions of the provisions of RSA 125 and the Teaching radiological defense to local town rules and regulations Issued thereunder; and F o r r e s t H. B u m f o r d and city organizations; 1957-date. to conduct Inspections and surveys of radia­ EDUCATION Special courses (see Education). tion sources and their shielding and im­ J ohn R. Stanton mediate surroundings. University of New Hampshire— 1937, B.S., RSA 125 further authorizes the Governor Mech. Eng. education Special courses in Industrial Hygiene, Radio­ and Council, on behalf of the State, to enter St. Anselm’s College, Manchester, N.H.—1955, into an agreement with the U.S. Atomic logical Defense, and Radiological Health, USPHS—DOD—AEC. A.B. Chemistry. Member St. Anselm’s Energy Commission providing for the dis­ Chemical Society, 1952-55. continuance of certain licensing responsibil­ MILITARY ities of the Federal Government with respect MILITARY to sources of ionizing radiation and the as­ U.S. Army Reserve 1936-1944 (1st Lieut.). U.S. Public Health Service (R ), Active Duty Two years active duty with U.S. Army, 1955- sumption thereof by the State. 57; duty, weather observer. Seven years History. The New Hampshire State De­ 1941-1946 (Lieut., S.G.). U.S. Public Health Service (R ), 1946-Date with New Hampshire National Guard, 1957 partment of Health and Welfare became in­ to date. volved with radiological health in 1938 when (Comm.). the Division of Industrial Hygiene was es­ EXPERIENCE SPECIAL TRAINING tablished. The Department’s activities in 1937-1940—The Trane Co., La Crosse, Wis., Weather Observer School, Fort Monmouth, this field were limited initially to the indus­ Heating, Ventilating and A.C. Engineer. N.J., 1956 (13 weeks). trial uses of X-ray and radium for the most 1940- 1941—State of New Hampshire, Dept, of Industrial Hygiene Chemistry Course—DOH part, with some work being done in hos­ Health, Division of Industrial Hygiene, In­ USPHS Cincinnati, Ohio, 1963 (2 weeks). pitals and in physicians’ and dentists’ offices dustrial Hygiene Engineer. Dust Evaluation Techniques Course—DOH on request. 1941- 1946—U.S. Public Health Service, In­ USPHS Cincinnati, Ohio, 1963 (1 week). Emphasis on- radiation safety became dustrial Hygiene Engineer, Stationed N.H., Civil Defense for Food and Drug Officials greater with the advent of the atomic energy District of Columbia, Tenn. course—USFDA, Concord, N.H., 1963 (1 program and the availability of radioisotopes 1946- 1947—State of Ohio, Youngstown, Ohio, week). in the late 1940’s; and in 1950 one of the District Industrial Hygiene Engineer. Radiological Health course—AEC—ORINS— Division engineers attended a 6-week course 1947- 1952—State of New Hampshire, Con­ Oak Ridge, Tenn., 1964 (10 weeks). in radiation safety at the Brookhaven Na­ cord, N.H., Industrial Hygiene Engineer, tional Laboratory. The Division staff also Acting Director of Division 1951. EXPERIENCE took, advantage of the training programs in 1952-Date—State of New Hampshire, Direc­ Chemist (Highway Materials Testing)—New radiological health and safety sponsored by tor, Division of Industrial Hygiene or Bu­ Hampshire Department of Public Works the U.S. Department of Health, Education, reau of Occupational Health. and Highways, 1957-1962. Immediate Su­ and Welfare at Cincinnati, Ohio. RADIATION EXPERIENCE pervisor, Paul S. Otis. Principal duties: Division personnel were employed on a chemical analysis of paints, tar, asphalt part-time basis in the Radiological Defense 1941-Date—Experience in industrial, diag­ and other highway construction materials. Program of the New Hampshire Civil Defense nostic, therapeutic, and fluoroscopic X-ray Industrial Hygiene Chemist—Occupational Agency in the early 1950’s and were author­ machines—safety and health. Health and Health Service, New Hampshire Depart­ ized to acquire and use Cobalt 60 sources safety in use of radium in hospitals, clinics, ment of Health and Welfare, 1962 to pres­ in the training of radiological monitors with­ and industry. ent. Immediate Supervisor, Forrest H. in State departments in 1953. Two of these 1951-Date—State RADEF Officer in Civil De­ Bumford. Principal duties: (1) Chemical personnel attended an Instructor’s schpol fense program. Charge of radiological analysis of trace metals, solvents and sponsored by the Federal Civil Defense Ad­ defense for State; training of monitors metabolic products of toxins using in­ ministration and one engineer was tempo­ and care and maintenance of Instruments. frared spectroscopy, ultraviolet spectro­ rarily attached to the Civil Effects Test 1957-Date—Hold AEC licenses for use of photometry and gas chromatography; (2) Group of the AEC’s Operation Plumbob at sealed sources for use in training and cali­ monitoring of daily air samples for beta Mercury, Nev., in 1957. These personnel have bration of instruments, Including multi- activity. since participated on a part-time basis in a curie (5) Cobalt 60 sources, Cesium 137 formal training program for community source (120 curie), including leak testing. GOVERNOR'S RADIATION ADVISORY COMMITTEE radiological monitoring teams and have been 1961-Date—Appointed Director, State Radia­ Robert Normandi, Ph. D., Chairman, Pro­ licensed by the AEC for the use of a 5-curie tion Control Agency, Division of Public fessor of Biology and Radiation Biology, Cobalt 60 source and a 120-curie Cesium 137 Health, Department of Health and Welfare. St. Anslem’s College, Manchester, N.H. source, for instrument calibration purposes. R ichard S. Dum m Holds AEC license. When the AEC’s licensing program was Frank Lane, M.D., Chief Roentgenologist, established in 1957, Division personnel began education Mary Hitchcock Memorial Hospital, Han­ accompanying the Commission’s inspectors over, N.H., Radiation Safety Officer, Mary on joint inspections of licensed users of University of New Hampshire— 1951, BJ3., Hitchcock Memorial Hospital, Hanover, radioisotopes in both the industrial and Agr. Engineering. N.H. Charge of 1,000 curie cobalt 60 medical fields. At about this time inspec­ Special courses: teletherapy units. Holds AEC licenses. tions and surveys of the medical uses of X- Industrial Ventilation, Michigan State Laurence Blxby, M.D., Roentgenologist, Dover ray were intensified and in 1959 a survey of Univ., 1954 (1 week). City Hospital, Dover, N.H., Roentgenologist, all dental office personnel in the State was Radiological Defense Instructor, OCDM, Frisbie Memorial Hospital, Rochester, conducted at the request of the New Hamp­ 1957 (1 week). N.H. shire Dental Society. Civil Effects Test Group, AEC Nevada Test John Lockwood, Sc. D., Chairman, Depart­ Training in health physics has been fur­ Site, 1957 (2 weeks). ment of Physics, University of New Hamp­ thered by the attendance of two of the Divi­ Civil Defense for Food and Drug Officials, shire, Durham, N.H. Considerable experi­ sion personnel, a chemist and an engineer, USFDA, 1963 (1 week). ence with various isotopes and member of at a 10-week course at the Oak Ridge Insti­ Radiological Health Physics, Oak Ridge In­ University Radiation Committee. Holds tute of Nuclear Studies in 1964 and training stitute of Nuclear Studies, 1964 (10 AEC license. in the AEC’s licensing procedures was accom­ weeks). J. Copenhaver, Ph. D., Chairman, Dept, of Bi­ plished through a 2-week course at the AEC MILITARY ological Sciences, Dartmouth College, Han­ offices in Bethesda, Md. Enlisted USNR Nov. 1943-June 1946 (27 mos. over, N.H. Holds AEC license. The recommendations of the National Bu­ active). Gene Likens, Ph. D., Dept, of Biological Sci­ reau of Standards with regard to radiation ences, Dartmouth College, Hanover, N.H. Enlisted USNR Apr. 1950-Jan. 1952 (12 mos. Holds AEC license. shielding and limits of radiation exposure for active). humans have been adhered to until the pres­ Richard D. Brew, President, Brew Co., Con­ ent time and primary emphasis has been Commissioned USNR Jan. 1952-date (13 mos. cord, NJS. Representing Industrial inter­ placed on radiation sources not regulated or active). ests on committee. otherwise under the Jurisdiction of the EXPERIENCE Paul Simpson, Sanders Associates, Nashua, Atomic Energy Commission. N.H. Representing Industrial interests on U.S. Naval Reserve (active) Feb. 1951-Mar. committee. Personnel. The backgrounds of training 1953. Leonard Hill, Comptroller, State of New and experience in radiation of persons em­ State of New Hampshire, Dept, of Health, Hampshire, State House, Concord, N.H. ployed in the future to fill vacancies on the Division of Industrial Hygiene, Apr. 1953- Representing Governor on State Com­ New Hampshire Radiation Control Agency date. mittee.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4814 NOTICES

The committee membership will be He may make measurements of radiation material in quantities not sufficient to form changed somewhat after January 1960, to levels. Prior to the termination of each in­ a critical mass pursuant to a license issued give a more balanced membership amongst spection, the inspector will meet with the by the U.S. Atomic Energy Commission or by the various professions concerned with radio­ management to discuss the results of his in­ another agreement state provided that such logical health. This committee will keep spection. At this time he will present tenta­ persons notify the Agency immediately of the the Governor and Council informed on tive oral recommendations or suggestions, presence of such materials within the state. matters relative to radiation problems with­ and will attempt to answer questions con­ Compatibility. It is the policy of the State in the State. cerning the regulatory program. of New Hampshire to institute and maintain They, will also recommend programs and The inspector will prepare a detailed report a regulatory program for sources for ionizing policies to the Radiation Control Agency and to inform his superior and the licensee or radiation so as to provide for a system con­ act as advisors to the Director of the Agency. registrant of all the facts and circumstances sonant Insofar as possible with the standards They or certain members of the committee observed during the inspection, including and regulatory programs of the Federal gov­ will also serve the Agency as an isotope com­ recommendations for the abatement of non- ernment and with those of other agreement mittee similar to that in use by the AEC. compliance matters. The report will pro­ States. Licensing and registration. The State pro­ vide the basis for any necessary enforcement [FJt. Doc. 66-2396; Filed, Mar. 7, 1960; gram provides for the issuance of both spe­ action by the Agency. 8:50 ajn.] cific and general licenses for radioactive ma­ In addition, there will be investigations of terials. The specific license will be issued to incidents and complaints involving licensed authorize the possession of such quantities or registered sources of radiation to deter­ of special nuclear material, source material, mine the cause, and measures taken by the byproduct material, and other naturally oc­ licensee or registrant to cope with the inci­ DEPARTMENT OF HOUSING curring radioactive materials, such as ra­ dent, whether or not there was noncompli­ dium, as are not generally licensed or ex­ ance with the regulations, and the steps the empted from licensing under the regulations licensee or registrant is taking to ensure that AND URBAN DEVELOPMENT General licenses are established in the regula­ a recurrence of the incident will not take Office of the Secretary tions for the possession of such quantities of place. certain radioactive materials as are consid­ Enforcement. Minor items of noncomplir ACTING DIRECTOR, OFFICE OF ered to be unlikly to present a hazard to the ance, such as improper signs, failure to label, TRANSPORTATION health and safety of the public under the etc., will be included in the inspector’s report filing of applications with the Agency or the and, if the licensee or registrant agrees to Designation issuance of licensing documents to the par­ correct these irregularities at the time of the ticular persons using the radioactive mate­ inspection, the corrective action taken will The officer appointed to the position rial. be reviewed with the licensee or registrant of Deputy Director, Office of Transpor­ Persons possessing less than certain quan­ during the next periodic inspection. If the tation, is hereby designated to serve as tities of radioactive materials, as stated in the inspection reveals a noncompliance of a more Acting Director, Office of Transportation, regulations, or who possess items containing serious nature, the licensee or registrant certain specified radioactive materials are ex­ will be required to accomplish corrective during the present vacancy in the posi­ empted from the licensing requirements of action prior to a time fixed by the director of tion of Director, Office of Transportation, the regulations. the Agency, which time shall be not more with all the powers, functions, and du­ The program also requires that persons than ten days subsequent to formal written ties delegated or assigned to the Direc­ having possession of any source of ionizing notification of the item of noncompliance by tor, Oflfide of Transportation. radiation other than exempt radioactive ma­ the Agency. The licensee or registrant will In the absence of the Deputy Director terial and radioactive material licensed under be required to inform the Agency in writing, and during the present vacancy in the the regulations, including machines or de­ usually within 15 days of formal notification, vices capable of producing ionizing radiation, as to corrective action taken and the date it position of Director, Office of Transpor­ shall register such machines or devices with was accomplished. In these cases, the Agen­ tation, David J. Speck, Attorney-Advisor, the Agency on a form provided by the Agency. cy’s representative will either conduct a Office of General Counsel, is hereby The Agency is responsible for evaluating prompt follow-up inspection or the matter designated to serve as Acting Director, applications for and the issuing of licenses. will be reviewed during the next regular Office of Transportation. Provision has been made, however, for a radi­ inspection to insure that corrective action ation advisory committee to assist the Agency has, in fact, been accomplished. If the reply (79 Stat. 670, 5 U.S.C. 624d(d)) in evaluations which require technical con­ does not satisfactorily explain the noncom­ Effective as of the 12th day of March sultation. The board will consist of persons pliance and assure that further violations 1966. highly qualified in the fields of the medical will be prevented, the Agency will take such R obert C. W eaver, uses of radiation, physics, and industry administrative actions as are available to it. whenever possible. In addition, the Agency Where administrative enforcement of the Secretary of Housing will utilize the applicable licensing criteria rules and regulations of the Agency does not and Urban Development. of the US. Atomic Energy Commission in prove successful, a civil action may be insti­ [F.R. Doc. 66-2998; Filed, Mar. 21, 1966; making its evaluations. tuted on behalf of the Agency for injunctive 8:50 ajn.] Inspection. Inspections of activities us­ relief to prevent the violation of the pro­ ing radiation sources will be made on a visions of the rules and regulations. periodic basis. The most hazardous uses of The director of the Agency has legal au­ DIRECTOR, DIVISION OF FINANCE radiation will be inspected at least once thority, in an emergency situation, to issue in each 6-month period, and other uses on a an order reciting that such an emergency AND ACCOUNTS, ET AL. ADMINIS­ less frequent basis, depending upon the rel­ does, in fact, exist and requiring that such TRATORS ative hazard. All licensed or registered activ­ action as he deems necessary be taken to ities will be inspected at least once in each 2- meet the emergency. Any person to whom Delegation of Authority To Execute year period. such an order is directed is required by law Legends on Obligations Evidencing Announcement of an intended inspection to comply with the order Immediately. may or may not be made prior to its execu­ Any person who receives a notice of viola­ Loans tion. tion of the regulations of the Agency and 1. The Director, Division of Finance Inspection visits will usually include a an order of abatement of the violation, or comprehensive review by the inspector of the who is required to comply immediately with and Accounts, and each Regional Ad­ licensee’s equipment, facilities, and handling the orders of the director of the Agency, in ministrator of the Department of Hous­ or storage of radioactive material, the pro­ an emergency situation, may apply for a ing and Urban Development except the cedures, in effect, Including actual opera­ hearing before the director of the Division of Regional Administrator, Region VII, is tion, and Interviewing of personnel actu­ Public Health Services, New Hampshire State hereby authorized to execute, on behalf ally involved. The inspector will review the Department of Health and Welfare, and a of the Secretary of Housing and Urban user’s survey methods and results, personnel hearing will be afforded within 15 days. Development, any legend appearing on monitoring practices and results, the posting Any person who wilfully violates any of the any bond, note, or other obligation being and labeling used, the instructions to per­ provisions of the rules and regulations of the sonnel, and the methods and apparent effec­ Agency, or who violates an order of the acquired by the Federal Government tiveness of maintaining control of people in Agency, may be guilty of a crime and upon from a local public agency on account of the controlled area. He will review the user’s conviction may be punished by a fine or im­ a loan to such local public agency pur­ records of receipts, transfers, and inventory prisonment or both, as provided by law. suant to Title I of the Housing Act of of licensed materials, if any. He may physi­ Reciprocity. The Agency will exempt per­ 1949, as amended (42 U.S.C. 1450 et seq.), cally check the inventory. He will examine sons from the licensing requirement of the which legend indicates the Federal Gov­ records concerning any disposal of radioac­ regulations who use, transfer, .possess, or ernment’s acceptance of the delivery of tive material which might have been made. receive byproduct, source, or special nuclear the particular bond, note, or other obli-

FEDERAL REGISTER, V O L 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4815 gation and its payment therefor on the that the notification of witnesses desired sions of the Commission’s rules for sta­ date specified in the particular legend. for cross-examination shall be accom­ tions assigned to the larger com m unity, 2. The Director, Division of Finance plished on or before April 18,1966, in lieu Failure to meet such technical standards and Accounts, and each Regional Ad­ of April 1,1966; will require denial of the application. ministrator is authorized to redelegate It is further ordered, That the hearing 3. H ie Bureau in its moving petition any of the authority herein delegated to now scheduled for April 26, 1966, be and points out that since Mishawaka with one or more employees under his juris­ the same is hereby rescheduled for April its population of 33,361 persons is less diction. 25, 1966, 2 p.m., in the Commission’s than half the size of the contiguous lar­ 3. This delegation of authority super­ offices, Washington, D.C. ger community of South Bend with a sedes the delegation effective January Released: March 17,1966. population of 132,445 persons, and since 25, 1955, as amended (20 F.R. 556, as the proposed operation is directionalized amended at 23 F.R. 1612), respecting this F e d e r a l C ommunications toward South Bend with the 5 mv/m day­ same subject. C o m m i s s i o n , time contour encompassing the entire (79 Stat. 670,5 U.S.C. 624d(d)) [ s e a l ] B e n F . W a p l e , city of South Bend, the presumption ap­ Secretary. plies and the application should there­ Effective as of the 22d day of March [F.R. Doc. 66-3001; Filed, Mar. 21, 1966; fore be remanded to the Exam iner in 1966. 8:50 ajn.] order to afford Northern Indiana an op­ R o b e r t C . W e a v e r , portunity to rebut this presumption in Secretary of Homing and accordance with the considerations set Urban Development. [Docket No. 14855; FCC 66R-92] forth by the Commission in its policy [F.R. Doc. 66-2999; Filed, Mar. 21, 1966; NORTHERN INDIANA BROAD­ statement. The Bureau therefore seeks 8:50 a.m.] CASTERS, INC. enlargement of the issues so that, in addition to the usual 307(b) evidence Memorandum Opinion and Order concerning the independence of a sub­ Enlarging Issues urban community from its central city, CIVIL SERVICE COMMISSION the parties may fully explore all matters PROFESSIONAL ENGINEERS, CERTAIN In re application of Northern Indiana relating to the need for the proposed Broadcasters, Inc., Mishawaka, Ind., operation, by demonstrating the extent PHYSICAL SCIENTISTS, AND Docket No. 14855, File No. BP-14771; for to which the specified station location MATHEMATICIANS construction permit. has separate and distinct programing Notice of Adjustment of Minimum 1. The Review Board has before it for needs, the extent to which these needs consideration the Broadcast Bureau’s are not being met by existing standard Rates and Rate Ranges petition to enlarge issues and remand broadcast statibns, and the extent to Correction the proceeding to the Examiner for fur­ which this program proposal will meet ther hearing, filed January 7, 1966, to­ these needs; and further to adduce evi­ In F.R. Doc. 66-2868 appearing at gether with supporting and opposition dence as to whether the projected sources page 4529 in the issue for Thursday, pleadings addressed thereto; and a peti­ of advertising revenues from within the March 17, 1966, the salary rate for the tion for consolidated oral argument of specified station location are adequate to first level of GS-6 now reads “$6,654”. the Bureau request with the exceptions support the proposal as compared with It is corrected to read “$6,854”. to the Initial Decision and Supplemental the projected sources from all other Initial Decision, filed by Northern Indi­ areas; or in the alternative that evidence ana Broadcasters, Inc., on February 4, may be adduced pursuant to the tech­ 1966, together with pleadings ancillary nical requirements of the rules. South FEDERAL COMMUNICATIONS thereto. Bend Tribune, licensee of Station WSBT, 2. Northern Indiana Broadcasters, Inc. in support of the Bureau’s request, points COMMISSION (Northern Indiana) seeks a construction out that since it was not permitted to [Docket Nos. 14755-14757; FCC 66M-887] permit for a new Class HI-B standard adduce evidence to show how Station broadcast station to operate day and WSBT, a 5 kw regional station in South JUPITER ASSOCIATES, INC., ET AL. night with different directional arrays Bend, does serve the needs of Mishawaka, (DA-2) on 910 kc, 1 kw, at Mishawaka, on its face the record does not contain Order Regarding Procedural Dates Ind. The Hearing Examiner in an Initial all the necessary information sought by Decision, released December 2, 1963 the policy statement, and that the pro­ In re applications of Jupiter Associates, (FOC 63D-138), and a Supplemental ceeding must therefore be remanded. Inc., Matawan, N.J., Docket No. 14755, Initial Decision, released October 25, 4. Northern Indiana in its opposition File No. BP-14178; William S. Halpem 1965 (FCC 65D-46), recommended grant urges first that the Commission did not and Louis N. Seltzer, doing business as of the application. Exceptions were filed by its policy statement establish any Somerset County Broadcasting Co., in each instance. Pending the schedul­ guidelines other than to seek a reason­ Somerville, N.J., Docket No. 14756, File ing of oral argument after the release of able assurance that the applicant intends No. BP-14234; Radio Elizabeth, Inc., the Supplemental Initial Decision, the to provide a local transmission service to Elizabeth, N.J., Docket No. 14757, File Commission issued its Policy Statement the suburban community and that it is No. BP-14812; for construction permits. on section 307 (b) Considerations for not in fact circumventing its inability to The Hearing Examiner having under Standard Broadcast Facilities Involving meet certain technical requirements for consideration motion filed March 14, Suburban Communities,1 applicable in assignment to the larger city, and since 1966, on behalf of Jupiter Associates, those situations where “the applicant’s the record establishes that its applica­ Inc., requesting rescheduling of certain proposed 5 mv/m daytime contour would tion is in fact for Mishawaka and not procedural dates heretofore set by order penetrate the geographic boundaries of South Bend, the Commission concern is of the Hearing Examiner (FCC 66M-310) any community with a population of over satisfied. Northern Indiana does not dis­ released March 3,1966; 50,000 persons and having at least twice pute the fact that the South Bend sta­ It appearing that good cause exists the population of the applicant’s speci­ tions serve the needs of Mishawaka since why said motion should be granted and fied community.” Such circumstances, Mishawaka is included in their service movant pleads that counsel for all parties the Commission stated, will raise a pre­ areas, but argues essentially that they have indicated that they will interpose sumption that “the applicant realistic­ are primarily South Bend oriented sta­ no objection to the immediate consid­ ally proposes to serve the larger com­ tions and that the need for the first local eration and grant of the instant motion; munity rather than his specified commu­ transmission service in Mishawaka, ori­ Accordingly, it is ordered, This 17th nity.”, and if not rebutted, applicant will ented and geared to the needs of the local nay of March 1966, that the motion is be required to meet the technical provi- community is paramount and should take granted and that the exchange of ex­ precedent over any other presumptions hibits shall be accomplished on or before 1 Public Notice released December 27, 1965,which may be raised by the policy state­ April 8, 1966, in lieu of March 22, 1966; FCC 65-1153, 2 FCC 2d 190, 6 RR 2d 1901. ment. Northern Indiana contends that

~ * * » FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 55- 7 4816 NOTICES

the record contains the information with respect to each additional issue is upon exist which would warrant a waiver of respect to the needs of the community the applicant. Northern Indiana’s al­ that section of the rules. and how its programing1 will meet these ternative request will be denied. Since It is further ordered, That the petition ¡needs, and that it is not possible, save the information is not in the record, the for oral argument, filed by Northern to attempt to prove that the South Bend Board does not agree that it is feasible Indiana Broadcasters, Inc., on February stations are not meeting the require­ to permit oral argument without afford­ 4,1966, is denied. ments of their licenses, to show that they ing the respondents ample opportunity Released: March 11, 1966. do not meet at least some of the needs to avail themselves of the relief granted of the community. It therefore alleges during the course of the hearing. F ederal Communications that no useful purpose will be served by Accordingly, it is ordered, This 10th Commission, reopening this record and remanding the day of March 1966, That the petition to [seal] B en F . W aple, proceeding for further hearing. North­ accept the late-filed opposition to peti­ Secretary. ern Indiana requests in the alternative tion to enlarge issues, filed on February [F.R. Doc. 66-3002; Filed, Mar. 21, 1966; that rather than remand the proceeding, 4, 1966, by Northern Indiana Broadcast­ 8:50 a.m.] that the Review Board permit oral argu­ ers, Inc., is granted, and the opposition ment on the petition to reopen the record tendered therewith is accepted; and coincidentally with oral argument on the It is further ordered, That this pro­ [Docket Nos. 16388,16389; FCC66M-375] exceptions to the Examiner’s Initial De­ ceeding is remanded to the Hearing Ex­ D. H. OVERMYER COMMUNICATIONS cision, thus facilitating the proceeding. aminer for further hearing and for prep­ CO. AND MAXWELL ELECTRONICS 5. As indicated, Northern Indiana’saration of a Supplemental Initial Deci­ position is not that all of the information sion consistent with this Memorandum CORP. sought by the policy statement is in fact Opinion and Order; and Order Scheduling Hearing contained in the record, but rather that It is further ordered, That the issues the policy statement does not set out the in this proceeding are hereby enlarged In re applications of D, H. Overmyer quantum of proof required to rebut the as follows: Communications Co., Dallas, Tex., Dock­ presumption. It urges that if the Re­ (a) To determine whether the pro­ et No. 16388, File No. BPCT-3463; Max­ view Board were to set out and establish posal of Northern Indiana Broadcasters, well Electronics Corp., Dallas, Tex., proper guidelines, the record could in Inc., will realistically provide a local Docket No. 16389, File No. BPCT-3489; fact be found to be complete and a re­ transmission facility for its specified sta­ for construction permits. mand avoided. The Board does not tion location or for another larger com­ The Hearing Examiner having under agree with this position. The evidence munity, in light of all of the relevant consideration communication dated in the existing record is not sufficient to evidence, including, but not necessarily March 11, 1966, on behalf of DUEL Over­ resolve the issues being sought by the limited to, the showing with respect to: myer Communications Co. requesting Broadcast Bureau in accordance with (1) The extent to which the specified that the evidentiary hearing in this pro­ the commission’s criteria set out in the station location has been ascertained by ceeding be scheduled for June 13,1966; policy statement. The policy statement the applicant to have separate and dis­ It appearing, that good cause exists is clear and concise with respect to what tinct programing needs; why said request should be granted and evidence is needed to rebut the presump­ (2) The extent to which the needs of counsel for Overmyer indicates that tion that the applicant intends to serve the specified station location are being counsel for Maxwell Electronics Corp. the larger of the two communities as met by existing standard broadcast sta­ and the Commission’s Broadcast Bureau opposed to the suburban community. tions; concur in said request; • Absent this information in the record, (3) The extent to which the appli­ Accordingly, it is ordered, This 16th the Board is required to remand the pro­ cant’s program proposal will meet the day of March 1966, that the request is ceeding to the Examiner on the enlarged specific, unsatisfied programing needs granted and the evidentiary hearing be issues so that additional evidence may of its specified station location; and and the same is hereby scheduled for be adduced.2 The Board will therefore (4) The extent to which the projected June 13, 1966, 16 a.m., in the Commis­ remand the proceeding accordingly. In sources of the applicant’s advertising sion’s offices, Washington, D.C. the event applicant fails to rebut this revenues within its specified station lo­ Released; March 16, 1966. presumption, evidence may be adduced cation are adequate to support its pro­ to permit a determination whether appli­ posal, as compared with his projected F ederal Communications cant meets all of the technical provisions sources from all other areas. Commission, of the rules for a station assigned to the (b) To determine, in the event that it [seal] B en F . W aple, appropriate larger community. Fur­ is concluded pursuant to the foregoing Secretary. ther, where the applicant would comply issue (a) that the proposal will not [F.R. Doc. 66-3003; Filed, Mar. 21, 1966; with the “10 Percent Rule” if the pro­ realistically provide a local transmission 8:50 a.m.] posal is deemed to be one for the speci­ service for its specified station location, fied station location, in the event the whether each such proposal meets all of proposal is determined to be one for the the technical provisions of the rules, in­ larger community, applicant will also be cluding §§ 73.30, 73.31, and 73.188(b) (1) FEDERAL MARITIME COMMISSION required to establish that the proposal and (2), for standard broadcast stations for the latter community complies with assigned to the most populous community CITY OF NEW YORK AND the “10 Percent Rule” or that waiver is for which it is determined that the pro­ GRACE LINE, INC. warranted.3 The burden of proof with posal will realistically provide a local transmission service. Notice of Agreement Filed for 2 Charles W. Jobbing, FCC 65-1154, 2 FCC (c) To determine, in the event that Approval 2d 197, 6 RR 2d 574; Monroeville Broadcast­ it is concluded, pursuant to the foregoing ing Co., FOC 65-1155, 2 FCC 2d 200; Jupiter issue (a) that Northern Indiana Broad­ Notice is hereby given that the follow­ Associates, Inc., FCC 65-1156, 2 FCC 2d 203, casters, Inc., will not realistically pro­ ing agreement has been filed with the 6 RR 2d 578, all released Dec. 27, 1965; Board- vide a local transmission service for man Broadcasting Co., Inc., FCC 66R-19, 2 Commission for approval pursuant to FCC 2d 335, released Jan. 14, 1966. Mishawaka whether South Bend has any section 15 of the Shipping Act, 1916, as 3 As is made abundantly clear in Charles existing standard broadcast nighttime amended (39 Stat. 733, 75 Stat. 763, 46 W. Jobbins, supra, the “10 Percent Rule” is facility, and if so, whether the inter­ U.S.C. 814). applicable in such situations. Special note ference which would be received by the Interested parties may inspect and ob­ is made of this fact to assure adherence to applicant would affect more than 10 per­ tain a copy of the agreement at the express Commission policy on the part of cent of the population within its norm­ Washington Office of the Federal Mari­ the Hearing Examiner, Who, in his Supple­ ally protected primary service area in mental Initial Decision, supra, resolved the time Commission, 1321 H Street NW., “10 Percent Rule” issue In accordance with contravention of § 73.28(d) (3) of the Room 361; or may inspect agreements his personal views of the law. rules, and, if so, whether circumstances at the offices of the District Managers,

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4817

New York, N.Y., New Orleans, La., and respects the orders issuing certificates By order issued in the instant docket San Francisco, Calif. Comments with shall remain in full force and effect; and on October 17, 1962, 28 FPC 614, Peti­ reference to an agreement including a the related rate schedules are redesig­ tioner was granted authorization to sell request for hearing, if desired, may be nated accordingly: and deliver on an interruptible, best ef­ submitted to the Secretary, Federal Certificate FPC gas rate forts basis, under its Rate Schedule Maritime Commission, Washington, D.C., Docket No. schedule G -X -2, FPC Gas Tariff, Original Volume 20573, within 20 days after publication 0-5720 ...... ------U No. 1, during the calendar year 1962, up of this notice in the F e d e r a l R e g is t e r . 0-5719 ...... ------2 to 25,700,000 Mcf of natural gas (at 14.9 A copy of any such statement should also G—4800 ...... ------13 p.s.ia.) to Southern for resale by South­ be forwarded to the party filing the 0-8817 ...... ------14 ern in its southern California market agreement (as indicated hereinafter), 0-8810 ______------5 area. and the comments should indicate that 0-13078 ______------6 Service to Southern under Rate Sched­ this has been done. G-13222 ...... ------17 0-13947 ...... ------8 ule G -X -2 for a period commencing Notice of agreements filed for approval 0-15262 ...... ------19 August 31, 1964, and continuing through by: G—16108...... 11 December 31, 1965, was authorized by City of New York, Department of Marine and 0-13293 ...... 12 order issued in the instant docket on Aviation, Battery Maritime Building, New 0 -1 6 1 6 7 ______— 13 August 31,1964, 32 FPC 674. The afore­ York, N.Y., 10004. 0-17339 ______...... 114 mentioned order of the Commission is­ 0-19343 ...... 15 Agreements No. T-1922 and T-1923 sued on December 28,1965, amended the 0 —16680 ______------1 I6 instant docket so as to authorize, during between the City of New York, Depart­ 0-20147 — ______...... 17 ment of Marine and Aviation (City) and 0-19345 ...... 1 18 the limited period commencing January Grace Line, Inc. (Grace), provide for a CI61-348 ...... 19 1, 1966, and continuing through Decem­ 5-year lease of Pier 57 (T-1922) and a CI60-391 ______21 ber 31, 1966, the sale and delivery of a 4-year lease of Pier 58 (T-1923) North CI60—215 ______------122 maximum of 174,680 Mcf of natural gas CI61-1285 ______...... 123 (at 14.73 p.s.i.a.) daily to Southern. River, New York, N.Y. Grace agrees to 0161-630 ...... ------124 use the leased premises as a marine ter­ By the instant filing Petitioner seeks CI61-629 ______...... 125 to amend further its G-X-2 authoriza­ minal facility in connection with its CI61-628 ...... ------26 ocean transportation business. The CI62-145 ______...... 27 tion so as to change the volumetric limi­ agreements also provide that Grace CI62-231 ...... —,____ 128 tation from the presently authorized assess certain vessels wharfage charges CI63-169 ...... 20 daily maximum of 174,680 Mcf to an 0163-563 ...... — ------130 annual maximum of 63,725,000 Mcf as fixed by the City and apportion the 0163-1224 ______wharfage revenues received on a 50-50 31 (63,000,000 Mcf at 14.9 p.s.i.a). C165—200 ...... ------S3 Protests or petitions to intervene may basis with the City. As compensation for CI65—234 ...... 34 Pier 57, Grace agrees to pay the City be filed with the Federal Power Com­ $275,000 annually, and for Pier 58, a fixed 1 (Operator), et al. mission, Washington, D.C., 20426, in ac­ annual rental plus additional amounts (B) The name of the respondent incordance with the rules of practice and based on the amount of cargo handled the proceedings pending in Docket Nos. procedure (18 CFR 1.8 or 1.10) and the per year. G—10784, G-14313,* G-16682,* 0-19535,2 Regulations under the Natural Gas Act (157.10) on or before April 11, 1966. Dated March 17, 1966. and G-20346® is changed from The California Co., a division of California Oil J o s e p h H . G u t r id e , By order of the Federal Maritime Co., to The California Co., a division of Secretary. Commission. Chevron Oil Co., and the proceedings are [FH . Doc. 66-2956; Filed, Mar. 21, 1968; T h o m a s L i s i , redesignated accordingly. 8:46 a.m.] Secretary. By the Commission. [FJR. Doc. 66-3005; Filed, Mar. 21, 1966; [Docket No. 0-16492 etc.] 8:50 a.m.] [ s e a l ] J o s e p h H . G u t r id e , Secretary. T. L. JAMES & CO., INC., ET AL. [F.R. Doc. 66-2955; Filed, Mar. 21, 1966; 8:45 a.m.] Order Approving Offer of Settlement, FEDERAL POWER COMMISSION Severing and Terminating Proceed­ [Docket No. G-4809, etc.] [Docket No. CP62-154] ings and Prescribing Refunds CALIFORNIA CO. ET AL. EL PASO NATURAL GAS CO. M a r c h 14, 1966. T. L. James & Co., Inc., et al., Docket Order Amending Orders Issuing Cer­ Notice of Petition To Amend Nos. G-16492, et al.; Austral Oil Co., Inc., tificates, Redesignating Proceed­ Docket No. G-20289; Nicklos Oil & Gas M a r c h 15, 1966. ings, and Redesignating FPC Gas Co. (Operator), et al., Docket No. G - Rate Schedules Take notice that on March 7, 1966, El 20290. Paso Natural Gas Co. (Petitioner), Post Austral Oil Co., Inc. (Austtal) and M a r c h 14, 1966. Office Box 1492, El Paso, Tex., 79999, filed Nicklos Oil & Gas Co. (Operator), et al. The California Co., a division of in Docket No. CP62-154 a petition to (Nicklos) in Docket Nos. G-20289 and Chevron Oil Co. (formerly The Califor­ amend the order of the Commission is­ G-20290, respectively,1 on February 7, nia Co., a division of California Oil Co.). sued in said docket on October 17, 1962, 1966, jointly filed an offer of settlement On July 2, 1965, The California Co., a 28 FPC 614, and amended on August 31, to resolve the conflicting interpretations division of Chevron Oil Co., formerly 1964, 32 FPC 674, and December 28,1965, of the tax reimbursement provisions in The California Co., a division of Cali­ by requesting authorization so as to their rate schedules for jurisdictional fornia Oil Co., filed a notice of change change the volumetric limitation on its sales of natural gas to Trunkline Gas Co. in name to advise the Commission that natural gas service to Southern Cali­ (Trunkline) in Louisiana. In summary the name of the company had been fornia Gas Co. and Southern Counties respondents propose (Austral under its changed effective July 1, 1965. Gas Co. of California (jointly Southern) FPC Gas Rate Schedule No. 13 and Nick­ to an annual maximum of 63,725,000 los under its FPC Gas Rate Schedule The Commission orders: Mcf of gas in lieu of the presently au­ No. 2 ); (A) The orders issuing certificates oi thorized daily maximum of 174,680 Mcf, (1) A settlement tax reimbursement Public convenience and necessity to Th< all as more fully set forth in the petition rate of 1.80 cents per Mcf, in lieu of 2.05 California Co., a division of Califomit to amend which is on file with the Com­ cents per Mcf, as the applicable Louisi­ Oil Co., in the following dockets art mission and open to public inspection. ana gas severance reimbursement for the amended by changing the name of the subject sales; certificate holder to The California Co. 2 Consolidated with Docket No. AR61-2, et a division of Chevron Oil Co.; in all othei al. 1 Referred to Jointly as respondents.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4818 NOTICES

(2) Agree to refund to Trunkline, with accordance with Part 154 of the Com­ fair, reasonable and customary for its interest at 6 percent per annum, 0.15 mission’s regulations under the Natural services as such, which compensation cents per Mcf tax reimbursement for all Gas Act. shall be paid out of the escrow account gas previously delivered under said rate (C) Respondents shall compute the to such bank or trust company. Said schedules for which Trunkline has paid amount of refund payable, together with bank or trust company will likewise be tax reimbursement at the rate of 2.05 interest at 6 percent per annum to the entitled to reimbursement for its reason­ cents per Mcf. As a part of their settle­ date of Issuance of this order, for a 0.15 able expenses necessarily incurred in the ment proposal, respondent Austral fur­ cent per Mcf tax reimbursement for all administration of this escrow account, ther agrees to move to dismiss its pend­ gas previously delivered to Trunkline which reimbursement shall be made out ing suit for declaratory judgment in the under Austral’s FPC Gas Rate Schedule of the escrow account. State of Louisiana; and No. 13 and Nicklos’ FPC Gas Rate Sched­ (5) Such bank or trust company shall (3) Further agree to pay over to ule No. 2 for which Trunkline has paid report to the Secretary quarterly, cer­ Trunkline, as soon as such amount can tax reimbursement at the rate of 2.05 tifying the amount deposited in the bank be determined, an additional amount cents per Mcf; and shall within 45 days or trust company for the quarterly period. equal to the difference between tax re­ from the date of issuance of this order (F) If Respondent elects to commingle imbursement at 1.80 cents per Mcf on submit a report to the Commission, with the retained refunds with its general gas delivered after approval of this set­ a copy to Trunkline, setting out the assets and use them for business pur­ tlement proposal and such lower tax amount of refund (showing separately poses, it shall notify the Secretary of the reimbursement, if any, as is provided by the principal and applicable interest), Commission of its intention to do so any general rate settlement into which the basis used for such determination, within 60 days of the Issuance of this Austral or Nicklos enters or as is allowed the period covered, and ten days there­ order, and shall pay interest on such by the Commission’s final order in South after shall submit to the Commission monies at the rate of 5 percent per an­ Louisiana Area Rate Proceedings, Dock­ a copy of a letter from Trunkline agree­ num from the date of issuance of this et Nos. AR01-2, et al., which ever shall ing to the correctness of such amounts. order to the date on which they are paid first occur. (D) Respondents shall retain these over to the person or persons ultimately Respondents’ offer of settlement is amounts of monies shown in the report determined to be entitled thereto by similar to Pan American Petroleum required under ordering Paragraph (C) final order or orders of the Commission. Corp.’s offer of settlement with Trunk­ above, subject to further order of the (G) Upon notification by the Secre­ line which we accepted by order issued Commission. tary of the Commission that each of December 30, 1965, in Docket Nos. G - (E) Respondents may deposit the re­ Respondents has complied with the 16492, et al. No objection has been filed tained refunds in a special escrow ac­ terms and conditions of this order, the by interveners or other interested parties, count, and shall tender for filing within section 4(e) proceeding in Docket Nos. and Trunkline has concurred in the set­ 60 days of the date of issuance of this G-20289 and G-20290 shall terminate, tlement proposal. order an executed escrow agreement, and said proceedings shall be severed We believe these proposals are con­ conditioned as set out below, accom­ from consolidated proceedings in Docket sistent with the public interest and the panied by a certificate showing service of Nos. G-16492, et al. provisions of the Natural Gas Act, and a copy thereof upon its jurisdictipnal (H) The Secretary of the Commission consequently shall approve the same. pipeline customer. Unless notified to the shall, by separate letter, direct Trunkline For the reasons set forth in the Humble contrary by the Secretary within 30 days to report its plans for distribution of the order issued July 8, 1964, in Docket Nos. from the date of filing thereof, the es­ refunds provided for herein. In the G-9287, et al., we will require Respond­ crow agreement shall be deemed to be event that T r u n k lin e states that it will ents to retain the refunds involved here. satisfactory and to have been accepted flow-through the entire amount of re­ Our action herein should not be con­ for filing. The escrow agreement shall funds received, the Secretary of the Com­ strued as constituting approval of any be entered into between Respondents mission is authorized to release by his future rate increases, if any, that may be and any bank or trust company used as letter the refunds plus interest. filed under the subject rate schedules, a depositor for funds of the U.S. Govern­ (I) The acceptance by the Commis­ and is without prejudice to any findings ment and the agreement shall be con­ sion of Respondents offers of settlement or order of the Commission in future pro­ ditioned as follows: is without prejudice to any findings or ceedings, including area rate or similar (1) Respondents, the bank or trust determinations that may be made in any proceedings, involving Respondents’ rates company, and the successors and assigns proceeding now pending, or hereafter and rate schedules, their successors as of each, shall be held and formally bound instituted by or against Respondents assignees. unto the Federal Power Commission for and is without prejudice to claims or The Commission finds: The proposed the use and benefit of those entitled contentions which may be made by Re­ settlements of the subject proceedings on thereto, with respect to all amounts and spondents, the Commission staff, or any the bases described herein, as more fully the interest thereon deposited in the affected party hereto, in any proceeding. set forth in the settlement proposal filed special escrow account, subject to such By the Commission. by Respondents as set forth above, are in agreement, and such bank or trust com­ the public interest and it is appropriate pany shall be bound to pay over to such [ seal] J oseph H. Outride, in carrying out the provisions of the Nat­ person or persons as may be identified Secretary. ural Gas Act that they be approved and and designated by final order of the Com­ [F.R. Doc. 66-2957; Filed, Mar. 21, 1966; made effective as hereinafter ordered, mission and in such manner as may be 8:46ajm .] and good cause exists for approving therein specified, all or any portion of these settlements, for severing proceed­ such deposits and the interest thereon. ings, for terminating Docket Nos. G - (2) The bank or trust company may [Docket No. CP66-286] 20289 and G-20290, and for providing for invest or reinvest such deposits in any LONE STAR GAS CO. refunds. short-term indebtedness of the United The Commission orders: States or any agency thereof, or in any Notice of Application form of obligation guaranteed by the (A) The offer of settlement filed with M a r c h 15,1966. the Commission on February 7, 1966, by United States which is, respectively, pay­ Respondents in Docket Nos. G-20289 able within 120 days as the said bank or Take notice that on March 8, 19®®, and G-20290 is approved in accordance trust company in the exercise of its Lone Star Gas Co. (Applicant), 301 with provisions of this order. sound discretion may select. South Harwood Street, Dallas, Tex., (B) Respondents shall file, within 90 (3) Such bank or trust company shall 75201, filed in Docket No. CP66-286 an days from the date of issuance of this be liable for such Interest as the invested application pursuant to section 7(b) of order, notices of change in rates under funds described in Paragraph (2) above the Natural Gas Act for permission and their applicable FPC gas rate schedules will earn and no other interest may be approval to abandon the operation of to reflect the settlement rates applicable collected from it. certain facilities for the transportation to severance tax reimbursement. The (4) Such bank or trust company shall of natural gas in interstate commerce, notices of change shall be submitted in be entitled to such compensation as is all as more fully set forth in the applica-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4819

tion which is on file with the Commis­ Under the procedure herein provided cedure, a hearing will be held without sion and open to public inspection. for, unless otherwise advised, it will be further notice before the Commission on Specifically, Applicant seeks permis­ unnecessary for Applicant to appear or all applications in which no protest or sion and approval to abandon by re­ be represented at the hearing. petition to intervene is filed within the moval and salvage the operation of that J o s e p h H . G u t r id e , time required herein, if the Commission portion of its Une GD-J that is paral­ Secretary. on its own review of the matter believes leled by 2d Line G D -J between approxi­ that a grant of the certificates or the mate stations 164+13 and 206+51 in [P.R. Doc. 66-2958; Piled, Mar. 21, 1966; authorization for the proposed abandon­ Garvin County, Okla., consisting of ap­ 8:45 a.m.] ment is required by the public conven­ proximately 4,178 feet of 6% -inch O.D. ience and necessity. Where a protest or pipeline and 60 feet of 7-inch O.D. pipe­ [Docket Nos. G—2602, etc.] petition for leave to intervene is timely line. filed, or where the Commission on its own Applicant states that the town of El­ MARATHON OIL CO. ET AL. motion believes that a formal hearing is more City in Garvin County, Okla., pro­ Notice of Applications for Certificates, required, further notice of such hearing poses to impound water in a city water will be duly given: Provided, however, supply reservoir to be known as Wild- Abandonment of Service and Peti­ That pursuant to § 2.56, Part 2, State­ horse Creek Reservoir Site 107, and in tions To Amend Certificates 1 ment of General Policy and Interpreta­ so doing will inundate approximately March 15,1966. tions, Chapter I of Title 18 of the Code of 2,035 feet of Applicant’s Line G D -J as Take notice that each of the Appli­ Federal Regulations, as amended, all well as a portion of its 8-inch Line 2d cants listed herein has filed an applica­ permanent certificates of public conven­ G D -J which loops line G D -J and lies tion or petition pursuant to section 7 of ience and necessity granting applica­ parallel thereto. Applicant further the Natural Gas Act for authorization to tions, filed after April 15, 1965, without states that since Line 2d GD-J has suf­ sell natural gas in interstate commerce further notice, will contain a condition ficient capacity to transport the gas vol­ or to abandon service heretofore au­ precluding any filing of an increased rate umes available and estimated to be avail­ thorized as described herein, all as more at a price in excess of that designated able in the future? the looped portion of fully described in the respective appli­ for the particular area of production for Line G D -J is no longer needed by Appli­ cations and amendments which are on the period prescribed therein unless at cant to transport natural gas in this file with the Commission and open to the time of filing such certificate appli­ area. public inspection. cation, or within the time fixed herein The application states that under the Protests or petitions to intervene may for the filing of protests or petitions to aforementioned circumstances the rela­ be filed with the Federal Power Com­ intervene the Applicant indicates in writ­ tively high cost of anchoring and pre­ mission, Washington, D.C., 20426, in ac­ ing that it is unwilling to accept such a paring the looped portion of Line G D -J cordance with the rules of practice and condition. In the event Applicant is un­ for immersion under water cannot be procedure (18 CFR 1.8 or 1.10) on or willing to accept such condition the ap­ economically justified, and accordingly, before April 6, 1966. plication will be set for formal hearing. Applicant proposes to abandon that por­ Take further notice that, pursuant to Under the procedure herein provided tion of the older Line GD-J which is the authority contained in and subject for, unless otherwise advised, it will be paralleled by Line 2d G D -J and which to the jurisdiction conferred upon the unnecessary for Applicants to appear or is not as suitable for continued operation Federal Power Commission by sections 7 be represented at the hearing. under water, retaining in service only and 15 of the Natural Gas Act and the J oseph H. G utride, the newer and thicker walled Line 2d Commission’s rules of practice and pro­ GD-J. The application further states Secretary. that Line 2d G D -J will be properly pre­ pared for immersion under water and Docket No. and Pres­ will continue to operate as heretofore. date filed Applicant Purchaser, field, and location Price per Mcf sure Applicant states that the proposed base abandonment will not result in the aban­ G-2602______Marathon Oil Co., 539 South Natural Gas Pipeline Co. of Amer- 16.6 14.65 donment or any diminution of natural C 6-13-65 ‘ Main St., Findlay, Ohio, ica, North Pasture Field, San Pa­ 3-3-66 * 46840. tricio County, Tex. gas service to any city, town, community G-4541______Sinclair Oil & Gas Co., Post El Paso Natural Gas Co.. North 10.0 14.65 or customer or lessen the service pres­ C 11-26-65 » Office Box 521, Tulsa, Okla. Justis Blinebry Field, Lea ently being rendered by Applicant. 74102. County, N. Mex. G-11457...... Westhoma Oil Co., 1670 Denver Panhandle Eastern Pipe Line Co., Assigned Protests or petitions to intervene may D 3-7-66 Club Bldg., Denver, Colo., acreage in Texas County, Okla. be filed with the Federal Power Commis­ 80202. G-11944...... Humble Oil & Refining Co., Texas Eastern Transmission Corp., 14.6 14.65 sion, Washington, D.C., 20426, in accord­ E 3-9-66 (successor to Socony Mobil Helen Gohlke Field, De Witt ance with the rules of practice and pro­ Oil Co., Inc.), Post Office County, Tex. Box 2180, Houston, Tex., cedure (18 CFR 1.8 or 1.10) and the 77001. regulations under the Natural Gas Act CI61-28______J . M. Huber Corp., 2401 East Michigan Wisconsin Pipe Line Co., «18.0 14.65 (157.10) on or before April 11,1066. C 3-7-66 2d Ave., Denver, Colo., Lavem e Field,Harper andBeaver 80206. Counties, Okla. Take further notice that, pursuant to CI61-1392...... AUerton Miller, 2501 Grant Equitable Gas Co., Warren District, 26.0 15.325 the authority contained in and subject C 2-28-66 Bldg., Pittsburgh, Pa., 15219. Upshur County, W. Va. CI63-318...... Frank A. Schultz, et al., 730 F i- E l Paso Natural Gas C o ., Basin Da- 13.0 15.025 to the jurisdiction conferred tipon the C 3-9-66 delity Union Tower, Akard kota Pool, San Juan County, N. Federal Power Commission by sections 7 and Pacific Sts., Dallas, Tex., Mex. 75201. and 15 of the Natural Gas Act and the CI63-1300...... Socony Mobil Oil Co., Inc., Post Natural Gas Pipeline Co. of Amer­ 15.0 14.65 Commission’s rules of practice and pro­ C 3-4-66 Office Box 2444, Houston, ica, West Crane and Putnam cedure, a hearing will be held without Tex., 77001. Fields, Dewey and Custer Coun­ ties, Okla. further notice before the Commission on C 164-166...... Marathon Oil Co., Operator, 539 Colorado Interstate Gas Co., Wam- 15.0 14.65 this application if no protest or petition C 3-4-66 South Main St., Findlay, sutter Unit Area, Sweetwater Ohio, 45840. County, Wyo. to intervene is filed within the time re­ CI64-175...... Pan American Petroleum El Paso Natural Gas Co.. Basin C 3-7-66 quired herein, if the Commission on its Corp., Post Office Box 691, Dakota Field, San Juan County, 13.0 15.025 own review of the matter finds that a Tulsa, O k la , 74102 N . Mex. Filling code: A—Initial service. grant of permission and approval for the B —Abandonment. Proposed abandonment is required by C—Amendment to add acreage. the public convenience and necessity. D—Amendment to delete acreage. E —Succession. 1 f a Protest or petition for leave to inter­ F—Partial succession. vene is timely filed, or if the Commis­ See footnotes at end of table. sion on its own motion believes that a lormal hearing is required, further 1 This notice does not provide for consolidation for hearing of the several matters covered notice of such hearing will be duly given. herein, nor should it be so construed.

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4820 NOTICES

pursuant to section 7(a) of the Natural Docket No. and Pres­ date filed Applicant Purchaser, field, and location Price per Mcf sure Gas Act filed in Docket No. CP66-205 on base December 23, 1965 (31 FR 305). In said application Cincinnati has requested that CI65-154...... Warren Petroleum Corp., Post Natural Gas Pipeline Co. of Amer­ 15.0 14.65 the Commisison direct Applicant to es­ C 3-9-66 Office Box 1589, Tulsa, Okla., ica, Thomas Area, Dewey and 74102. Custer Counties, Okla. tablish a new delivery point for service C 166-805...... Fred La Rue (successor to United Gas Pipe Line Co., Maxie- «20.0 15.025 to Cincinnati and to sell to Cincinnati, (G-13633) Union Producing Co.), c/o Pistol Ridge Field, Forrest Coun­ at such delivery point, beginning Novem­ F 3-3-66 Harry D. Owen, attorney, ty, Miss. Post Office Box 2599, Jackson, ber 1, 1966, a volume of gas up to 10,200 Miss. Mcf per day on a firm basis. Applicant CI66-807...... J. M. Huber Corp., 2401 East Mountain Fuel Supply Co., Powder 13.0 15.02 A 3-2-66 2d Ave., Denver, Colo., 80206. Wash Field, Moffat County, Colo. states that certification of the service C 166-809______Cleary Petroleum, Inc., 310 Panhandle Eastern Pipe Line Co., 14.0 14.65 requested by Cincinnati will result in a A 3-2-66 Kermac Bldg., Oklahoma Adams Ranch Area, Meade C ity, Okla., 73102. County, Kans. Contract Demand effective November 1, CI66-810______Austral Oil Co., Inc. (successor Arkansas Louisiana Gas Co., Arko- 15.0 14.65 1966, of 12,444 Mcf of gas per day.1 (CI64-1405) to Camerina Petroleum ma Area, Haskell, Latimer, and Chi January 27,1966, Applicant filed its A& F 3-1-66 Corp.*), 2700 Huipble Bldg., Pittsburg Counties, Okla., and Houston, Tex., 77002. Franklin County, Ark. Answer in Docket No. CP66-205 stating C 166-811______Humble Oil & Refining Co., Colorado Interstate Gas Co., 7 17.0 14.65 that it did not have the capacity avail­ A 3-2-66 Post Office Box 2180, Houston, Mocane Field, Beaver County! T ex., 77001. Okla. able for the requested service but that CI66-812...... Shell Oil Co., 50 West 50th St., Ashland Oil & Refining Co., Kansas 0 Applicant would file the necessary cer­ B 3-3-66 New York, N .Y ., 10020. Hugoton Field, Grant and Haskell Counties, Kans. tificate application to construct the re­ C 166-813...... Cities Service Oil Co., Cities Texas Eastern Transmission Corp., 15.0 14.65 quired facilities. Applicant states that A 3-3-66 Service Bldg., Bartlesville, North Panther Reef Field, Cal­ Okla., 74004. houn County, Tex. the instant application has been filed CI66-815...... Leben Drilling, Inc., Post Panhandle Eastern Pipe Line Co., 16.0 14.65 pursuant to the representation made in A 3-7-66 Office Box 486, Great Bend, acreage in Edwards County, said Answer. K ans., 67530. Kans. C166-816...... Chief Drilling Co., Inc., Box Cities Servi«» Gas Co., acreage in 14.0 14.65 By the instant filing, Applicant seeks A 3-7-66 797, Great Bend, Kans., Barber County, Kans. authorization to construct and operate 67530. the following facilities to render the CI66-817...... Mid-East Oil Co., 521 Oliver Consolidated Gas Supply Corp., 27.5 15.325 A 3-7-66 Bldg., Pittsburgh, Pa., Gaskill Township, Jefferson service proposed by Cincinnati: 15222. County, Pa. (a) Approximately 2.81 miles of 30- C 166-818______Robert P. Evans, et al., 1704 United Gas Pipe Line Co., Sibley « 12.5252 15.025 A 3-7-66 Beck Bldg., Shreveport, La. Field, Webster Parish, La. inch loop pipeline in Kentucky, CI66-819,...... Jas. F. Smith, Operator, Post Panhandle Eastern Pipe Line Co., >o 17.0 14.65 (b) Approximately 14.37 miles of 36- A 3-4-66 Office Box 10005, Avonbell acreage in Beaver County, Okla. Station, Amarillo, Tex., 79106. inch loop pipeline in Louisiana, Missis­ CI66-820...... Joseph E. Seagram & Sons, Inc., United Gas Pipe Line Co., La­ 15.0 15.025 sippi, and Tennessee, and A 3-7-66 d.b.a. Texas Pacific Oil Co., fourche Crossing Field, Lafourche Post Office Box 747, Dallas, Parish, La. (c) One meter station in Ohio. Tex., 75221. The total estimated cost of Applicant’s CI66-821...... Tenneco Oil Co., Post Office Natural Gas Pipeline Co. of Amer­ 17.0 14.65 A 3-7-66 Box 2511, Houston, Tex., 77001. ica, South Taloga Field, Dewey proposed construction is $2,844,000, County, Okla. which will be financed through short­ CI66-822...... Tenneco Oil Co. (Operator), et El Paso Natural Gas Co., Jicarilla 13.0 15.025 term bank loans pending long-term debt A 3-4-66 al. Area, San Juan Basin, Rio Arriha County, N. Mex. financing which has not, at this time, CI66-823...... The Atlantic Refining Co., Post El Paso Natural Gas Co., Jicarilla 13.0 15.025 been finalized. A 3-8-66 Office Box 2819, Dallas, Tex., Field, Rio Arriba County, N. Mex 75221. Protests or petitions to intervene may CI66-824...... Marshal] Exploration Co., Inc., Southern Natural Gas Co., Logans- 8813.82 15.025 be filed with the Federal Power Commis­ A 2-28-66 305 West Rusk 3 t., Marshall, port Field, De Soto Parish, La. Tex., 75670. sion, Washington, D.C., 20426, in accord­ C166-826...... Sunset International Petroleum El Paso Natural Gas Co., Blanco 11.0 15.025 ance with the rules of practice and pro­ A 3-4-66 Corp., 8920 Wilshire Blvd., Field, San Juan County, N. Mex. Beverly Hills, Calif., 90211. cedure (18 CFR 1.8 or 1.10) and the reg­ CI66-827...... Anadarko Production Co., Post Panhandle Eastern Pipe Line Co., 14.0 14.65 ulations under the Natural Gas Act A 3-3-66 Office Box 351, Liberal, Kans., Panoma Council Grove Field, (157.10) on or before April 11, 1966. 67901. Stevens County, Kans. CI66-828...... Mesa Petroleum Co., Operator, Northern Natural Gas Co., Lovedale 17.0 14.65 Take further notice that, pursuant to A 3-8-66 1501 Taylor St., Amarillo, Field, Harper County, Okla. the authority contained in and subject T ex., 79105. to the jurisdiction conferred upon the CI66-831...... Sun Oil Co., (Southwest Divi­ Texas Eastern Transmission Corp., 15.6 14.65 A 3-8-66 sion) 1608 W alnut S t., Phila­ May Field, Kleberg County, Tex. Federal Power Commission by sections delphia, Pa., 19103. 7 and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­ 1 Application previously noticed June 2.1966 at a total initial price of 14.0 cents per Mcf. cedure, a hearing will be held without 2 Applicant filed to amend its contract by deleting the indefinite pricing provisions insofar as they pertain to the subject acreage and to reflect a price of 16.5 cents per Mcf. further notice before the Commission on 3 Application erroneously noticed Dec. 7,1966 at a total initial rate of 9.0 cents per Mcf. By letter filed Feb. 28, this application if no protest or petition 1966, Applicant states the present effective rate under said rate schedule is 10.0 cents per Mcf, which does not exceed the applicable area rate set forth in the Commission’s Opinion No. 468 and 468-A, as supplemented. to intervene is filed within the time re­ 4 Includes 1.0 cent upward B.t.u. adjustment. quired herein, if the Commission on its 8 Settlement rate as approved by Commission order issued Dec. 23, 1964. 8 Camerina’s interest Is covered under certificate issued to Steve Qose (Operator), et al. own review of the matter finds that a 7 Subject to upward B.t.u. adjustment. grant of the certificate is required by the 8 Contract has expired and Carbon Black Plant for which gas was purchased has been dismantled. public convenience and necessity. If a 8 Includes 1.5 cents tax reimbursement. 10 Subject to upward and downward B.t.u. adjustment. protest or petition for leave to intervene » Subject to 1.5 cents per Mcf adjustment for gathering charges. is timely filed, or if the Commission on its own motion believes that a formal [F.R. Doc. 66-2959; Filed, March21,1966; 8:45 a.m.] hearing is required, further notice of such hearing will be duly given.

[Docket No. CP66-285] 7(c) of the Natural Gas Act for a certif­ icate of public convenience and neces­ 1 Applicant states that Cincinnati is cur­ rently purchasing gas from it to meet the TEXAS GAS TRANSMISSION CORP. sity authorizing the construction and requirements of Harrison, Ohio, under a operation of certain natural gas facilities, Notice of Application Service Agreement containing a Contract De­ all as more fully set forth in the appli­ mand of 2,122 Mcf (at 14.73 p.s.i.a.) and that March 15, 1966. cation which is on file with the Com­ Cincinnati has requested an increase in the Take notice that on March 7, 1966, mission and open to public inspection. Contract Demand to 2,244 Mcf per day effec­ Applicant proposes to construct and tive Nov. 1, 1966. Authorization for said Texas Gas Transmission Corp. (Appli­ service is pending certification in Docket cant), Post Office Box 1160, Owensboro, operate facilities to render the service No. CP66-149 filed on Nov. 10, 1965 (30 FR Ky., 42301, filed in Docket No. CP66- sought by The Cincinnati Gas & Elec­ 14823), and amended on Feb. 14, 1966 (31 285 an application pursuant to section tric Co. (Cincinnati) in its application FR 3434).

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4821

Under the procedure herein provided transmission and distribution facilities 6(c) of the Act requesting an order of the for, unless otherwise advised, it will be are to be used by West Penn for the same Commission exempting from the provi­ unnecessary for Applicant to appear or purposes for which they are presently sions of section 22(d) of the Act the pro­ be represented at the hearing. being used by Brackenridge. West Penn posed issuance of its shares, without sales J oseph H. G tjtride, proposes that within 6 months after the charge, for substantially all of the cash Secretary. lease of the proposed transaction it will and securities of Sutro-Wheatley, Inc. construct facilities to connect the trans­ (“Sutro”) . Said exemptive order is re­ [F.R. Doc. 66-2960; Plied, Mar. 21, 1966; mission and distribution system of 8:45 aon.] quested since the shares of Wellington Brackenridge with the electric utility Fund are offered to the public at a price system of West Penn. According to West which includes a sales charge in addi­ [Docket No. CF63-204 etc.] Penn the original cost of the electric tion to the net amount which Wellington facilities to be leased is estimated at Fund receives from the underwriter TRANSWESTERN PIPELINE CO. ET AL. $226,000 and the reserve for depreciation through whom such public offering is Notice Changing Date of Oral of such facilities is estimated at $78,000. made. All interested persons are re­ Argument , Any person desiring to be heard or to ferred to the application as filed with make any protest with reference to said the Commission for a statement of the March 14, 1966. application should on or before April 4, representations made therein, which are Transwestern Pipeline Co., CP63-204 1966, file with the Federal Power com­ summarized below. and CP64-91 ; Gulf Pacific Pipeline Co., mission, Washington, D.C., 20426, peti­ As of December 31, 1965, the net assets CP63-223; El Paso Natural Gas Co., tions or protests in accordance with the of Wellington Fund amounted to ap­ CP64-76. requirements of the Commission’s rules proximately $2,047,575,319. Sutro, a Notice is hereby given that the oral of practice and procedure (18 CFR 1.8 Pennsylvania corporation, is the out­ argument originally scheduled by the or 1.10). The application is on file and growth of the merger of E. Sutro & Sons, Commission to commence on March 29, available for public inspection. a personal holding company since 1938, 1966, in the above-designated matter J oseph H. G utride, and Wheatley Corp. Sutro’s shares of will commence at 10 ajn ., on Monday, Secretary. stock are owned by 18 shareholders, 12 individuals and 6 inter vivos trusts. Its March 28,1966, in a hearing room of the [F.R. Doc. 66-2962; Hied, Mar. 21, 1966s Federal Power Commission, 441 G Street 8:46 a.m.l assets consist of cash, marketable securi­ NW., Washington, D.C. ties, certain notes and insurance policies. It is anticipated that the notes will have By direction of the Commission. [Docket No. RT66-286 etc.] been liquidated and the insurance poli­ cies surrendered for their cadi value J oseph H. Outride, ASHLAND OIL & REFINING CO. ET AL. Secretary. prior to the valuation date. Pursuant to [F.R. Doc. 66-2961; Filed, Mar. 21, 1966; Order Providing for Hearing; an Agreement and Plan of Reorganiza­ 8:45 a.m.] Correction tion, Wellington Fund will acquire sub­ stantially all of the cash and securities March 3,1966. owned by Sutro, which had a value as of [Docket No. E-7276] Ashland Oil & Refining CO., et al., December 31, 1965 of $5,097,548, in ex­ WEST PENN POWER CO. Docket Nos. RI66-286, et al.; Wood Oil change for stock of Wellington Fund CO., Docket No. RI66-287. which will be distributed to shareholders Notice of Application In the order providing for hearing on of Sutro upon liquidation. Neither and suspension of proposed changes in Sutro nor any of the shareholders of March 14,1966. rates, issued February 17,1966, and pub­ Sutro has any present intention of re­ Take notice that on March 7, 1966, lished in the F e d e r a l R e g is t e r Febru­ deeming shares of Wellington Fund the West Penn Power Co. (West Penn), ary 26, 1966 (F.R. Doc. 66-2032, 31 F.R. which they acquire. filed an application with the Federal 3209), in the chart after Docket No. The amount of stock of Wellington Power Commission pursuant to section RI66-287, Wood Oil Co., FPC Gas Rate Fund to be delivered to Sutro will be de­ 203 of the Federal Power Act seeking an Schedule No. 3, correct “Supplement No. termined on the basis of the values at order authorizing it to lease the entire 1” to read “Supplement No. 2”. 3:30 p.m. on the business date next suc­ electric facilities of the Borough of ceeding the first dividend record date Brackenridge, Allegheny County, Pa. J oseph H. G utride, established by Wellington Fund after West Penn is incorporated under the Secretary. January 4, 1966,, the date of said Agree­ laws of the State of Pennsylvania and [F.R. Doc. 66-2954; Filed, Mar. 21, 1966; ment, or such other date as may be mu­ authorized to do business in the States 8:45 a.m.] tually agreed upon; the number of shares of Pennsylvania and West Virginia. It to be delivered will be obtained by di­ is an operating public utility engaged in viding the adjusted market value of the the production, distribution and sale of assets of Sutro by the net amount per electricity in the greater portion of the SECURITIES AND EXCHANGE share which Wellington Fund receives counties of Armstrong, Butler, Fayette, from the underwriter of its shares on sale Greene, Washington, and Westmoreland, COMMISSION of its shares to the public. This amount and in parts of Allegheny, Cameron, [812-1912] is the net asset value per share plus a Centre, Clarion, Clinton, Elk, Indiana, charge, recently computed at 4 cents per Lycoming, McKean, and Potter Coun­ WELLINGTON FUND, INC. share, to reflect the per share amount of ties, Pa. It interchanges power with the annual brokerage commissions paid by Monongahela Power Co. in West Vir­ Notice of Filing of Application for Or­ Wellington Fund in acquiring portfolio ginia and with the Potomac Edison Co. der Exempting Sale by Open-End securities. The market value of the as­ in Maryland. Company of Shares at Other Than sets of Sutro will be adjusted according According to the application West Public Offering Price in Exchange to a formula set forth in the applica­ Penn proposes to lease the electric facili­ for Assets of Closely Held Company tion which would reflect the higher ratio ties of Brackenridge in accordance with of unrealized appreciation in the assets a lease agreement dated December 23, M a r c h 14,1966. of Sutro to be acquired by Wellington 1966. West Penn has agreed to pay a Notice is hereby given that Wellington Fund than in the assets of Wellington total rental of $2,000,000 as follows: Fund, Inc. (“Wellington Fund”), 1630 Fund as well as the Federal income taxes $260,000 on the effective date of the lease Locust Street, Philadelphia, Pa., a Dela­ which may be payable upon present or and the balance of $1,740,000 in 29 an­ ware corporation which is registered future realization of such excess appre­ nual installments of $60,000. The lease under the Investment Company Act of ciation. As of December 31, 1965, un­ includes all of the electric utility system 1940 (“Act”) as an open-end diversified realized appreciation represented ap­ of Brackenridge and all property used or management investment company, has proximately 11.6 percent of the net asset useful in connection therewith. All filed an application pursuant to section value of the shares of Wellington Fund

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 4822 NOTICES and approximately 38.4 percent of the One copy of such protest must be served St. Paul, Minn., 55101. Send protests value of the securities of Sutro to be on the applicant, or its authorized rep­ to: A. E. Rathert, District Supervisor, acquired by Wellington Fund, and Well­ resentative, if any, and the protest must Bureau of Operations and Compliance, ington Fund had undistributed long­ certify that such service has been made. Interstate Commerce Commission, 448 term capital gain of $6,499,280. Of the The protest must be specific as to the Federal Building and U.S. Courthouse, securities to be acquired, Wellington service which such protestant can and 110 South Fourth Street, Minneapolis, Fund intends, subject to changes in in­ will offer, and must consist of a signed Minn., 55401. vestment conditions and considerations, original and six (6) copies. No. MC 106398 (Sub-No. 326 TA ), filed to' sell securities having a value as of A copy of the application is on file, and March 11,1966. Applicant: NATIONAL December 31, 1965, of approximately’ can be examined, at the Office of the TRAILER CONVOY, INC., 1925 National $1,326,977 with unrealized capital gain Secretary, Interstate Commerce Com­ Plaza, Box 8096, Dawson Station, Tulsa, of $323,369, and to retain securities hav­ mission, Washington, D.C., and also in Okla., 74141. Applicant’s representative: ing a value of approximately $3,533,594 the field office to which protests are to O. L. Thee, Sr. (same address as above). with unrealized capital gain of $1,543,591. be transmitted. Authority sought to operate as a common Notice is further given that any inter­ Motor Carriers of P roperty carrier, by motor vehicle, over irregular ested person may, not later than March routes, transporting: Trailers, designed 30,1966, at 5:30 p.m., submit to the Com­ No. MC 30204 (Sub-No. 23 TA ), filed to be drawn by passenger automobiles, mission in writing a request for a hearing March 11, 1966. Applicant: HEMING­ in initial movement, in truckaway serv­ on the matter accompanied by a state­ WAY TRANSPORT, INC., 438 Dart­ ice, from Greeley, Colo., to points in the ment as to the nature of his interest, the mouth Street, New Bedford, Mass., 02740. United States west of the Mississippi reason for such request and the Issues of Applicant’s representative: Carroll B. River, for 180 days. Supporting Ship­ fact or' law proposed to be controverted, Jackson, 1301 North Boulevard, Rich­ per: Entral Industries, Inc., 237 22d or he may request that he be notified if mond, Va. Authority sought to operate Street, Post Office Box 728, Greeley, the Commission shall order a hearing as a common carrier, by motor vehicle, Colo., 80632. Send protests to: C. L. thereon. Any such communication over regular routes, transporting: G en­ Phillips, District Supervisor, Bureau of should be addressed: Secretary, Securi­ eral commodities (except those of un­ Operations and Compliance, Interstate ties and Exchange Commission, Wash­ usual value, classes A and B explosives, Commerce Commission, Room 350, Amer­ ington, D.C., 20549. A copy of such re­ household goods as defined by the Com­ ican General Building, 210 Northwest quest shall be served personally or by mission, commodities in bulk, commodi­ Sixth, Oklahoma City, Okla., 73102. mail (airmail if the person being served ties requiring special equipment, and No. MC 106904 (Sub-No. 6 TA ), filed is located more than 500 miles from the those injurious or contaminating to March 15, 1966. Applicant: JE F F A. point of mailing) upon applicant at the other lading), serving Moorefield, W. Va., ROBERTSON, doing business as TO­ address stated above. Proof of such as an off-route point, in connection with PEKA MOTOR FREIGHT, 4490 Lower service (by affidavit or in case of an at­ applicant’s presently authorized regular- Silver Lake Road, Topeka, Kans., 66618. torney at law by certificate) shall be route operation in Docket No. MC 30264, Applicant’s representative: Jeff A. Rob­ filed contemporaneously with the request. Sub 20, for 180 days. Supporting ship­ ertson (same address as above). Au­ At any time after said date, as provided per: Raygold Industries, Inc., 84 East thority sought to operate as a common by Rule 0-5 of the rules and regulations Sunrise Highway, Lindenhurst, N.Y., carrier, by motor vehicle, over irregular promulgated under the Act, an order dis­ 11757. Send protests to: Gerald H. routes, transporting: Electrical appli­ posing of the application herein may be Curry, District Supervisor, Bureau of ances, equipm ent and parts, from Kansas issued by the Commission upon the basis Operations and Compliance, Interstate City, Mo., to Longford, Kans., and points of the information stated in said appli­ Commerce Commission, 187 Westmin­ within 20 miles of Longford, and empty cation, unless an order for hearing upon ster Street, Providence, R.I., 02903. containers and damaged, rejected or re­ said application shall be issued upon re­ No. MC 102616 (Sub-No. 791 TA ), filed turned parts, on return, for 180 days. quest or upon the Commission’s own March 15, 1966. Applicant: COASTAL No te: Applicant proposed to interline motion. TANK LINES, INC., 501 Grantley Road, with other carriers at Kansas City, Mo. For the Commission (pursuant to dele­ York, Pa., 17405. Applicant’s repre­ Supporting shipper: T. B. Fegan, secre­ gated authority). sentative: S. E. Smith (same address as tary-treasurer, the Junction City Tele­ above). Authority sought to operate as phone Co., Junction City, Kans. Send [ seal] Orval L. DtrBois, a common carrier, by motor vehicle, over protests to:. I. C. Peterson, District Su­ Secretary. irregular routes, transporting: Petro­ pervisor, Bureau of Operations and Com­ [F.R. Doc. 66-2977; Piled, Mar. 21, 1966; leum lubricating oil, in bulk, in tank pliance, Interstate Commerce Commis­ 8:47 a.m.] vehicles, from Pittsburgh, Pa., to Bur- sion, 309 Federal Building, Topeka, Kans., naugh, Ky., Post Office Buchanan, Ky., 66603. for 150 days. Supporting shipper: No. MC 107496 (Sub-No. 455 TA ), filed Humble Oil & Refining Co., 7720 York March 14, 1966. Applicant: RUAN INTERSTATE COMMERCE Road, Baltimore, Md., 21203. Send pro­ TRANSPORT CORPORATION, Keosau- tests to: Robert W. Ritenour, District qua at Third, Post Office Box 855, Des COMMISSION Supervisor, Bureau of Operations and Moines, Iowa, 50309. Applicant’s repre­ [Notice 160] Compliance, Interstate Commerce Com­ sentative: H. L. Fabritz (same address as mission, 218 Central Industrial Building, above). Authority sought to operate as MOTOR CARRIER TEMPORARY 100 North Cameron Street, Harrisburg, a common carrier, by motor vehicle, over AUTHORITY APPLICATIONS Pa., 17101. irregular routes, transporting: liquid No. MC 103654 (Sub-No. I l l T A ), filed adhesives, in bulk» from Kansas City, M arch 17, 1966. March 15,1966. Applicant: SCHIRMER Kans., to points in the St. Louis, Mo.- The following are notices of filing of TRANSPORTATION COMPANY, IN­ East St. Louis, 111. commercial zone and applications for temporary authority un­ CORPORATED, 1145 Homer Street, St. Omaha, Nebr., for 180 days. Supporting der section 210a(a) of the Interstate Paul, Minn., 55116. Applicant’s repre­ shipper: H. B. Fuller Co., 200 Funston Commerce Act provided for under the sentative: Grant J. Merritt, 1000 First Road, Kansas City, Kans., 66115. Send new rules in Ex Parte No. MC 67 (49 CFR National Bank Building, Minneapolis, protests to: Ellis L. Annett, District Su­ Part 240) published in the F ederal R eg­ Minn., 55402. Authority sought to op­ pervisor, Bureau of Operations and Com­ ister, issue of April 27, 1965, effective erate as a common carrier, by motor ve­ pliance, Interstate Commerce Commis­ July 1, 1965. These rules provide that hicle, over irregular routes, transporting: sion, 227 Federal Office Building, Des protests to the granting of an applica­ Petroleum products and blends thereof, Moines, Iowa, 50309. tion must be filed with the field official in bulk, in tank vehicles, from Junction No. MC 111401 (Sub-No. 191 TA), filed named in the F ederal R egister publica­ City, Wis., and points within ten (10) March 11, 1966. Applicant: GROEN- tion, within 15 calendar days after the miles thereof, to Pine Bend, Minn., for DYKE TRANSPORT, INC., 2510 Rock date notice of the filing of the applica­ 180 days. Supporting shipper: Great Island Boulevard, Post Office Box 632, tion is published in the F ederal R egister. Northern Oil Co., Post Office Box 3596, Enid, Okla., 73701. Applicant’s repre-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 NOTICES 4823

sentative: Alvin R. Hamilton (same ad­ TRANSPORT, INC., 3800 South Laramie Building, 36 South Penn Street, Indian­ dress as above). Authority sought to Avenue, Cicero, 111., 60650. Applicant’s apolis, Ind., 46204. operate as a common carrier, by motor representative: Carl Steiner, 38 South No. MC 110531 (Sub-No. 55 TA ), filed vehicle, over irregular routes, transport­ La Salle Street, Chicago, 111.'" Authority March 14, 1966. Applicant: DIECK- ing: Chemicals, in bulk, in tank vehicles, sought to operate as a common carrier, BRADER EXPRESS, INC., 5301 Wooster from the Dow Chemical Co. terminal at by motor vehicle, over irregular routes, Road, Cincinnati, Ohio, 45226. Appli­ Arvada, Colo., to points in Nebraska, New transporting: Dry Dextrose, in bulk, in cant’s representative: Raymond C. Mexico, and Wyoming, for 180 days. tank or hopper type vehicles, from De­ Minks (same address as above). Au­ Supporting shipper: The Dow Chemical catur, HI., to points in New Jersey, for thority sought to operate as a com m on Co., H. W. Westerman, traffic manager, 180 days. Supporting shipper: A. E. carrier, by motor vehicle, over irregular southern region, Freeport, Tex., 77541. Staley Manufacturing Co., Decatur, 111. routes, transporting: Glass bottles with Send protests to: C. L. Phillips, District Send protests to: Raymond E. Mauk, or without caps, covers, stoppers or tops, Supervisor,_ Bureau of Operations and District Supervisor, Bureau of Operations from Terre Haute, Ind., to Flint, Mich, Compliance, Interstate Commerce Com­ and Compliance, Interstate Commerce and, empty pallets, packing material, and mission, Room 350, American General Commission, 1086 U.S. Courthouse and defective or rejected glass bottles, on re­ Building, 210 Northwest Sixth, Oklahoma Federal Office Building, 219 South Dear­ turn, for 180 days. Supporting shipper: City, Okla., 73102. born Street, Chicago, 111., 60604. N. Maarschalk, assistant to director of No. MC 111412 (Sub-No. 4 TA), filed No. MC 117274 (Sub-No. 1 TA), filed transportation, American Can Oo., 100 March 11, 1066. Applicant: J. L March 15, 1966. Applicant: DAVID Z. Park Avenue, New York, N.Y., 10617. HAILEY, INC., Post Office Box 1910, 2600 EARLE, doing business as EARLE’S Send protests to: Emil P. Schwab, Dis­ Navigation Boulevard, Corpus Christi, MOVING & STORAGE, 200 West Street, trict Supervisor, Bureau of Operations Tex., 78403. Applicant’s representative: Post Office Box 043, Annapolis, Md. Ap­ and Compliance, Interstate Commerce K. C. Hailey (same address as above). plicant’s representative: Alan F. Wohl- Commission, 1610 Federal Building, 550 Authority sought to operate as a common stetter, 1 Farragut Square South, Wash­ Main Street, Cincinnati, Ohio, 45202. carrier, by motor vehicle, over irregular ington, D.C., 20006. Authority sought to No. MC 123048 (Sub-No. 86 TA ), filed routes, transporting: Chrome ore, in operate as a common carrier, by motor March 15, 1066. Applicant: DIAMOND bulk, from Corpus Christi, Tex., to vehicle, over irregular routes, transport­ TRANSPORTATION SYSTEM , INC., Brownsville, Tex., for 150 days. Sup­ ing: Household goods, as defined by the 1019 Hamilton Avenue, Post Office Box porting shipper: Howmet Corp., Minerals Commission, between points in Anne A, Racine, Wis., 53404. Applicant’s rep­ Division, 706 Fayette Street, Consho- Arundel, Prince George, Montgomery, resentative: John L. Bniemmer, 121 hocken, Pa., 19428. Send protests to: Howard, Baltimore, and Harford Coun­ West Doty Street, Madison, Wis., 53703. James H. Berry, District Supervisor, ties, Md., Baltimore City, Md., Fairfax Authority sought to operate as a com m on Bureau of Operations and Compliance, and Arlington Counties, Va., Alexandria, carrier, by motor vehicle, over irregular Interstate Commerce Commission, 206 Va., and the District of Columbia, re­ routes, transporting: Tractors (except Manion Building, San Antonio, Tex., stricted to shipments having a prior or truck tractors designed primarily for the 78205. subsequent movement in containers be­ transportation of property over high­ No. MC 112520 (Sub-No. 141 TA ), filed yond said counties, and further restricted ways) , tractor attachments, and agricul­ March 14, 1066. Applicant: McKENZIE to pickup and delivery service incidental tural implements and machinery (except TANK LINES, INC., New Quincy Road, to and in connection with packing, crat­ commodities the transportation of which Post Office Box 1200, Tallahassee, Fla., ing, and containerization, or unpacking, because of their size or weight require 32301. Applicant’s representative: Sol uncrating, and decontainerization of the use of special equipment), from the H. Proctor, 1730 American Heritage Life such shipments, for 186 days. Support­ plant and warehouse sites of the Oliver Building, Jacksonville, Fla., 32202. Au­ ing shipper: Applicant’s own statement. Corp. at Atlanta and Decatur, Ga., to thority sought to operate as a common Send protests to: William L. Hughes, points in Connecticut, Delaware, Geor­ carrier, by motor vehicle, over irregular District Supervisor, Bureau of Operations gia, Indiana, Maryland, Massachusetts, routes, transporting: Diethylamine, in and Compliance, Interstate Commerce New Jersey, New York, North Carolina, bulk, in tank vehicles, from Pace, Fla., to Commission, 312 Appraisers’ Stores Ohio, Pennsylvania, Rhode Island, South Chattanooga, Tenn., for 180 days. Sup­ Building, Baltimore, Md., 21262. Carolina, and Virginia, for 180 days. porting shipper: Escambia Chemical No. MC 118696 (Sub-No. 1 TA), filed Supporting shipper: Oliver Corp., 300 Corp., Post Office Box 467, Pensacola, March 14, 1966. Applicant:' FERREE Lawler Street, Charles City, Iowa, 50616. Fla., 32502. Send protests to: George H. MOVING AND STORAGE, INC., 601 Richard D. Jones, traffic manager. Send Fauss, Jr., District Supervisor, Bureau Chamber of Commerce Building, Indi­ protests to: W. F. Sibbald, Jr., District of Operations and Compliance, Interstate anapolis, Ind. Applicant’s representa­ Supervisor, Bureau of Operations and Commerce Commission, Post Office Box tive: Ferdinand Bom and Walter F. Compliance, Interstate Commerce Com­ 4060, Jacksonville, Fla., 32201. Jones, Jr., 601 Chamber of Commerce mission, 108 West Wells Street, Room No. MC 116073 (Sub-No. 61 TA), filed Building, Indianapolis, Ind. Authority 511, Milwaukee, Wis., 53203. March 14, 1966. Applicant: BARRETT sought to operate as a common carrier, No. MC 123034 (Sub-No. 14 TA ), filed MOBILE HOME TRANSPORT, INC., by motor vehicle, over irregular routes, March 11, 1066. Applicant: KREVDA 1825 Main Avenue, Moorhead, Minn., transporting: Mattresses, new furniture, BROS. EXPRESS, INC., Post Office Box 56560. Applicant's representative: Nor­ and kitchen cabinets, from points in In ­ 68, Gas City, Ind. . Applicant’s repre­ man Eide (same address as above). Au­ diana (except Munster, Ind.), to points sentative: Donald W. Smith, Suite 511, thority sought to operate as a common in Illinois, Iowa, Kentucky, Maryland, Fidelity Building, Indianapolis, Ind., carrier, by motor vehicle, over irregular Michigan, Minnesota, Missouri, New 46204. Authority sought to operate as a routes, transporting: Trailers designed York, North Carolina, Ohio, Pennsylva­ contract carrier, by motor vehicle, over to be drawn by passenger automobiles, in nia, Virginia, and Wisconsin, for 186 irregular routes, transporting: Glass initial movement, from points in Blue days. Supporting shippers: Kingsley containers, from Parker, Knox, and Elk Earth County, Minn., to points in South Furniture Co., Inc., La Porte, Ind.; Beme Township, Pa., to Des Moines, Iowa, for Dakota, North Dakota, Iowa, Wisconsin, Furniture Co., Inc., Berne, Ind.; Swiss 180 days. Supporting shipper: Knox and Montana, for 180 days. Supporting City Furniture Manufacturing Corp., Glass, Inc., Knox, Pa. Send protests to: shipper: Mankato Mobile Homes, Inc., Berne, Ind.; Bartels Manufacturing Heber Dixon, District Supervisor, Bu­ Post Office Box 2072, Mankato, Minn., Corp., Evansville, Ind.; Anderson Mat­ reau of Operations and Compliance, In­ 56001. Send protests to: Joseph H. tress Co., Inc., Anderson, Ind.; Dunbar terstate Commerce Commission, 308 Ambs, District Supervisor, Bureau of Furniture Corp. of Indiana, Berne, Ind.; Federal Building, Fort Wayne, Ind., Operations and Compliance, Interstate The Karges Furniture Co., Inc., Evans­ 46802. Commerce Commission, 1621 South Uni­ ville, Ind.; imperial Desk Co., Inc., No. MC 126945 (Sub-No. 1 TA), filed versity Drive, Room 213, Fargo, N. Dak., Evansville, Ind. Send protests to: R. M. March 11, 1966. Applicant: A. E. 58102. Hagarty, District Supervisor, Bureau of MORRIS, doing business as A. E. No. MC 116273 (Sub-No. 59 TA), filed Operations and Compliance, Interstate MORRIS CONTRACT HAULING, Route March 14, 1066. Applicant: D & L Commerce Commission, 862 Century 3, Virgilina, Va., 24508. Applicant’s rep-

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 No. 55- « 4824 NOTICES resentative: Clement & Fowler, Danville, liquid sugar and corn syrup, from Mem­ “Providing for the Appointment of Cer­ Va., 24540. Authority sought to operate phis, Tenn., to points in Alabama, Ar­ tain Persons Under the Defense Produc­ as a contract carrier, by motor vehicle, kansas, Kentucky, Louisiana, Missis­ tion Act of 1950, as amended,” I hereby over irregular routes, transporting: sippi, Missouri, and Tennessee, for 150 furnish for filing with the Office of the Fertilizer, dry, in bulk and bags from days. Supporting shipper: A. E. Staley Federal Register for publication in the Greensboro and Henderson, N.C., to Manufacturing Co., Decatur, 111., J . K. F ederal R egister the following informa­ points in Halifax, Charlotte, Appomat­ Christenson, supervisor, motor services tion showing any changes in my financial tox, Buckingham, Cumberland, Prince transportation department. Send pro­ interests and business connections as Edward, Nottoway, Lunenburg, and tests to: W. W. Garland, District Super­ heretofore reported and published (26 Mecklenburg Counties, Va., for 180 days. visor, Bureau of Operations and Com­ F.R. 8958, 27 F.R. 3829, 27 F Jt. 9545, 28 Supporting shipper: N. L. Cockman, pliance, Interstate Commerce Commis­ F.R. 4117, 28 F.R. 10468, 29 F.R. 5579, 29 manager, Virginia sales, Agrico Chem­ sion, 390 Federal Office Building, 167 F.R. 14977, 30 F.R. 8982, and 30 F.R. ical Co., Post Office Box 12009, Norfolk, North Main, Memphis, Tenn., 38103. 12309) during the 6-month period ended Va., 23502. Send protests to: George S. No. MC 127988 (Sub-No. 1 T A ), filed March 14,1966. Hales, District Supervisor, Bureau of March 14, 1966. Applicant: LEON F. No change. Operations and Compliance, Interstate FLA LA, doing business as F I ALA FEED J ohn V. L awrence. Commerce Commission, 215 Campbell AND GRAIN CO., Osceola, Nebr. Ap­ Avenue SW., Roanoke, Va., 24011. plicant’s representative: C. A. Ross, 714 M arch 14, 1966. No. MC 127233 (Sub-No. 2 TA), filed South 45th, Lincoln, Nebr. Authority [F.R. Doc. 66-2975; Filed, Mar. 21, 1966; March 14, 1966. Applicant: J. HER­ sought to operate as a contract carrier, 8:47 a.m.] BERT CARTER, Queenstown, Md., by motor vehicle, over irregular routes, transporting: Belt and bucket elevators, 21658. Applicant's representative: FOURTH SECTION APPLICATION Charles McD. Gillan, Jr., 315 Glen Rae belt conveyors, distributors, work plat­ Drive, Baltimore, Md., 21228. Authority forms, spouts, ladders, and component FOR RELIEF sought to operate as a common carrier, parts for bulk material handling equip­ March 17,1966. ment, from York, Nebr., to points in by motor vehicle, over irregular routes, Protests to the granting of an appli­ transporting: Chilled orange juice, in Colorado, Kansas, Oklahoma, Texas, Ar­ kansas, Missouri, Iowa, Illinois, Michi­ cation must be prepared in accordance bulk, in insulated tank vehicles, from with Rule 1.40 of the general rules of Queenstown, Md., to New York, N.Y., for gan, Ohio, and Indiana, for 180 days. Supporting shipper: York Foundry & practice (49 CFR 1.40) and filed within 150 days. Supporting shipper: M. O. 15 days from the date of publication of Walk, vice president* Universal Food Engine Works, 912-928 Grant Avenue, this notice in the F ederal R egister. Products, Inc., Queenstown, Md., 21658. York, Nebr. Send protests to: Max H. Send protests to : Paul J . Lowry, District Johnston, District Supervisor, Bureau of L ong- and-S hort H aul Supervisor, Interstate Commerce Com­ Operations and Compliance, Interstate FSA No. 40363—Vinyl acetate to Chi­ mission, Bureau of Operations and Com­ Commerce Commission, 315 Post Office cago, III. Filed by O. W. South, Jr., agent pliance, 206 Post Office Building, Salis­ Building, Lincoln, Nebr., 68508. (No. A4866), for and on behalf of Illinois bury, Md., 21801. By the Commission. Central Railroad Co. Rates on vinyl No. MC 127568 (Sub-No. 3 TA), filed acetate, in tank carloads, from Geismar, [seal]- H. Neil G arson, March 14, 1966. Applicant: M ID La., to Chicago, HI. SOUTH DELIVERY SERVICE CO., 3215 Secretary. Grounds for relief—Market competi­ Tulane Road, Memphis, Tenn., 38116. [F.R. Doc. 66-3014; FUed, Mar. 21, 1966; tion. Applicant’s representative: Billy R. 8:51 a.m.] Tariff—Supplement 114 to Southern Hallum (same address as above). Au­ Freight Association, agent, tariff I.C.C. thority sought to operate as a common S-272. carrier, by motor vehicle, over irregular JOHN V. LAWRENCE By the Commission. routes, transporting: (1) Liquid corn Statement of Changes in Financial syrup, in bulk, in tank vehicles, from [ seal] H. Neil Garson, Memphis, Tenn., to points in Kentucky, Interests Secretary. Alabama, Louisiana, Missouri, and Mis­ Pursuant to subsection 302(e), Part [F.R. Doc. 66-3015; Filed, Mar. 21, 1966; sissippi; (2) liquid sugar and blends of IH, Executive Order 10647 (20 F.R. 8769) 8:51 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 55— TUESDAY, MARCH 22, 1966 FEDERAL REGISTER 4825

CUMULATIVE LIST OF CFR PARTS AFFECTED— MARCH

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 March.

Page 1 CFR Por> 7 CFR— Continued 7 CFR—Continued Page Appendix A------4001 1038 ______3383 P roposed R ules— Continued 1039 ______3383 1066 ______3466 3 CFR 1041______3383 1067 ______3401, 3465 P roclamations: 1043______3383 1Ó68______3466 3705 ______3221 1044.______3383 1069 _ 3466 3706 ______3223 1045______3383 1070 _ 3401, 3465 3707 ______4191 1051______— 3383 1071 ______3401,3465 E xecutive Orders: 1062______3383 1073 ______3401, 3465 Dec. 18, 1878 (revoked in part 1063 ______i ______3383 1074 _ 3401, 3465 by PLO 3946)______4348 1064 ______- _ 3383 1075 ______3466 May 27,1885 (see PLO 3946) __ 4348 1070—______3383 1076 ______3466 5237 (revoked in part by PLO 1071______3383 1078 ______3401, 3465 3948)______4348 1078 ______3383 1079 ____ 3401, 3465 5289 (revoked in part by PLO 1079 ______3383 1090______3401, 3465 3947)______4348 1094______- ______3383 1094______3465 5361 (revoked by PLO 3944) — 4282 1097 ______3383 1096 ______3401, 3465 5384 (revoked by PLO 3944) — 4282 1098 ______3383 1097 ______3257, 3401, 3465 6583 (revoked in part by PLO 1099 ______3383 1098 ______3401, 3465 3940)______3495 1102______3383 1099 ______3401, 3465 5 CFR 1103______3383 1101 ______- 3465, 4148 1106______3227, 3383 1102 ______3257, 3465 213______3283 1108______1103 ______3465 4101, 4271, 4385, 4445, 4579, 4684, ______3383 1126______3383 1104 ______3401, 3465 4771. 1132______3383 1106______— 3401, 3465 302______- ______—— 3381 1138______3383 1108______3257, 3401, 3465 337______3381 1421______3385, 3490, 4581 1120______3401, 3465 550______4385,4579 1427______. . . . . 3284, 4389 1125 ______3466 713______4271 1472______------4582 1126 _____ 3401, 3465 870______3381 1483______4728 1127- ____ 3401, 3465 6 CFR 1486______3336 1128— ___ 3401, 3465 5_____ 4101 P r o p o s e d r u l e s : 1129 ______- ______3401, 3465 322____ 4663 51 ______— _ 4806 1130 ______3296, 3401, 3465 52 ______3253 1131 ______3466 7 CFR 1001______------3465 1132______— 3401, 3465 42______4687 1002______3465 1133 ____ 3466 301____ 4385-4388, 4501,4579, 4712, 4714 1003 ______3294, 3465 1134-______3466 354______4722 1004 ______3465 1136______3466 401______>______3225, 3335 1005 ______3465 1137—...... 3466 410______3335 1008______3465 1138______3466, 4732 711______4271 1009______3465 8 CFR 717______4193 1011______3465 719______4580 1012______3465 214______4446 724______4197, 4343, 4580 1013______3465 299______4446 730_:______4106 1015 ______3465 9 CFR 751______3483, 4343 1016 ______3294, 3465 73______4276 777 ______4271 1030 ______3401, 3465 778 ______4722 94______4210 1031 ______3401, 3465 203______811______3283 1032 _____ — ____ 3401, 3465 4118 P roposed R u l e s : 1033 ______— ______3465 76...... 3401 857. —— ...... 4197 1034 ______3465 905- ______4106, 4344 1035 ______3465 10 CFR 906______4276, 4445 1036.______...... 3465 0______------4502 907_ 3445, 4344, 4446,4726 1038 ______3401, 3465 1______908_ ----- 4502 3445,4344,4446,4727 1039 ______3401,3465 2______4339, 4389 910. ___ 3446, 4345, 4727 1040 ______3465 20______967_. ____ 4668 ______4276 1041 ______3465 40______— 4668 1001. ------3383 1043 ______3465 1002 50______4339, 4668 ------3383 1044 ______3465 55______1003. ------4668 ______3381, 3383 1045 ______3465 70______4668 1004. ------_---- 3383 1046 ______- ______3465 1011. 100- ______4668 ------3383 1047— ______3465 115_____ 4339,4668 1015. ------3383 1048 ______3465 1016. 140_____ ------4668 ------3382, 3383 1049 ______3465 150______4668 1030. ------3383 1051______3401, 3465 1031. ------3383 1061____ —______3401, 3465, 4148 12 CFR 1032. ------^ ------3383 1062______3401, 3465 201____ ----- 4390 1033. ------3225 1063 ______3401r 3465, 4459 222______4277 1034. ------3227 1064 ______3401, 3465, 4148 262_____ 4197, 4390 1036. ------3383 1065.______3466 264______3446 4826 FEDERAL REGISTER 12 CFR— Continued Page 19 CFR Page 33 CFR Page 511______4277 2...... — 4294, 4594 3______4787 545______4198 P roposed R u l e s : 82______4401 563______!______3229,4390 13___ ..______,_____ 3347, 3499 202 ______3343,3457 581 ______4198 203 _ 4346 20 CFR 207______3343, 4346 582 ______4198 404______3392-3394, 4343 P roposed R u l e s : 522______4808 21 CFR 36 CFR 524______4808 2 ______4201 7------3457 545______4416 5 ______4676 500...... 4512 8______4127, 4396, 4784 P roposed R u les: 13 CFR 42______4677 7— ______3253 105______—— 4670 121___ 3394, 4128, 4298, 4447, 4511, 4785 121______4340 141e___ 4128, 4345 37 CFR P roposed R u l e s : 145______4128, 4129, 4201 P roposed R u les: 107______3466, 4149 146a------4511 1______4412 121______4213 146e______4128, 4345 14 CFR 147______4201 38 CFR 21______3336 1481______4129 j _ 3459 39______3388, 148m_____ 4129 3 lI I I — 4346,~4347~4680~ 4681~ 4789, 4790 3349, 3450, 4282, 4283, 4447, 4493, 148n______4129 17______4116 4771. 148p______4129 36______—______3459 4 3 .______- ______3336 148r______4149 47______4494 148x______4203 39 CFR 49______4494 148y______<______4201,4512 17______3286, 3462 65______3336 166______3397,4447,4679 33______* ____ 4207 71______3230, P roposed R u l e s : 46______1____ 4347 3231, 3284, 3285, 3337, 3338, 3388, 27______4413 52______3286 4107, 4108, 4200, 4201, 4283, 4284, 121____ 3402 61______4207, 4347 4396,4499,4588,4589. 125______3301 111______4454 73______3231, 4589, 4590 1481______- 4149 168—______4518 9U ______3336 148r______4149 200______3234, 3397, 4348 95______4500 22 CFR 97______4109, 4285 601______4391 41 CFR 145______3336 208______4771 26 CFR 5-12— ______- ______3243 378______4779 1 ______3285, 3492 5-16______3243 P roposed R u l e s: 170___ 3285 9-10______4208 39...... „ 4459, 4520 240______3451 9-16______4788 61______4735 P roposed R u l e s : 19-1______3494 71______3347, 1______3263 101-7______- ______4682 3348,3467-3469, 3499, 3500,4149, 31____ 3263 101-25______3462 4350-4352, 4414, 4415, 4520-4522, 301______3263 101-29— ______4684 101-43______3495 4600. 28 CFR Page 73______3469, 4414,4415, 4738 105-735______4328 0 ______3286 P roposed R u les: 75______3348 2 ______4204 91______- ______4522,4735 Subpart 101-29.3______4088 121______4735 29 CFR 42 CFR Page 151______4523 20______4786 290____ 4212 21 4299 60______3494 54 _ 3246 100______—_____ 4376 15 CFR 1505______4786 57w______4791 230______3497, 3498 58______4402 1600______4345 59—______4402 384______4783 P roposed R u l e s : 399______3498 548______- ______4149 43 CFR 16 CFR 32 CFR 13 ------3231- 1 ____ 4449 P ublic L and Orders: 1120 (revoked in part by PLO 3233, 3338, 3340-3342, 3389, 3390, 2______x—...... 4449 3952)______4793 4397-4400. 3 ______4449 1173 (revoked by PLO 3956) — 4794 14 ______4293 7______4450 15 3450, 3492~ 4448, 4786 1230 (revoked in part by PLO ______I 16______4450 3952)______- ______4793 410------3342 18______4450 4793 P roposed R ules : 1508 (revoked by PLO 3951) — 259______4450 1663 (revoked in part by PLO 14_. 4303 621______4786 4793 59_. 3952)______4601 713______4204 1692 (revoked in part by PLO 142. 3349 811______4145 3939)______- 3495 17 CFR 817______4145 1718 (revoked in part by PLO 850______4146 3945 i _ ...... 3939)______4590 880______4146 239 ______1902 (revoked in part by PLO 4340 882______- ______4146 4793 240 ...... 3390 3952)______1001______4590 2715 (revoked in part by PLO P roposed R u l e s : 1003______4592 4794 240____ I ___ 4739 3955______—...... 1007_____ — ______4592 3938 ------3248 249 ______4739 1011______— 4593 3495 250 ______3424 3939 ______1016______4593 3940 ______3495 18 CFR 2000-______- ______4281 3941—______----- 3496 3______4118,4448 32A CFR 3942 ______3496 104______3391 BDSA(Ch.VI)...... 4594 3943 ------3496 204______3391 DMS Reg. 1, Arndt. 2______4594 3944 ______4282 FEDERAL REGISTER 4827

43 CFR—Continued Page 45 CFR—Continued Page 47 CFR—Continued Page P ublic Land Orders—Continued 801______3286, 3464, 3497, 4599 P roposed R ules— Continued 3945______4282 1030______4117,4454 34 ------4303 3943______4348 35 ------4303 3947 ______4348 46 CFR 73 ______3348, 4303, 4738, 4807 3948 ______4348 11______4517 74 ------3305 3949 ______4516 144______4208 97------3407 3950 ______4792 201______3397 3951— ______4793 206______i ______3397 49 CFR 3952— ______4793 221______— 4407 0 ______3344,4519 3953 _- ______- _____ 4793 251______^ ____ 3397 1 ______4599 3954 ______- ______4794 287______3397 95______4685^4686^ 4802, 4803 3955 ______4794 298______4407 110______3464 3956 ______4794 47 CFR 120______4210 P roposed R u les: o______4456, 4457 203______4302 5400______4805 2______3397 205______3345, 3497, 4348, 4349 5430______4805 P roposed R u l e s : 15______3397, 4301 5440______4805 21______4457,4540 71-79______j.______3408 176______45 CFR 25______3286 ______4460 73______4644 73 ______3289,3344, 4390,4685 50 CFR 112 ______——______4403 74 ______4540 113 ______- ____ 4405 91______—_ 4540 28______4411 116—1______4299 95______4209 32 ______4804 171______4795 P roposed R u l e s : 33 __ 3345, 301______4801 1______3403 3346,3400,4107,4210, 4349, 4519 401______3244 17______3302 P roposed R u l e s : 502______3245 31______4303 33______3402,3466,4107 600-______4595 33______4303 250______- ______3466

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

Now available Lyndon B. Johnson 1963-64

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