FEDERAL REGISTER VOLUME 30 • NUMBER 208

Wednesday, October 27,1965 • Washington, D.C. Pages 13619-13678

Agencies in this issue— The President Agriculture Department Air Force Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Education Office Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Securities and Exchange Commission Treasury Department Detailed list of Contents appears inside. /

Announcing a New Information Service Beginning August 2,1965, the General Services Admin­ The Weekly Compilation carries a Monday dateline. istration inaugurated a new information service, the It includes an Index of Contents on the first page and a “Weekly Compilation of Presidential Documents.” The Cumulative Index at the end. Other finding aids include service makes available transcripts of the President’s lists of laws approved by the President and of nomina­ news conferences, messages to Congress, public speeches tions submitted to the Senate, and a checklist of White and statements, and other Presidential materials released House releases. by the White House up to 5 p.m. of each Friday. The official distribution for the Weekly Compilation of The Weekly Compilation was developed in response to Presidential Documents is governed by regulations pub­ many requests received by the White House and the lished in the F ederal R egister dated July 31, 1965 (30 Bureau of the Budget for a better means of distributing F.R. 9573; 1 CFR 32.40). Members of Congress and Presidential materials. Studies revealed that the exist­ officials of the legislative, judicial, and executive branches ing method of circularization by means of mimeographed who wish to receive this publication for official use should write to the Director of the Federal Register, stating the releases was failing to give timely notice to those Govern­ number of copies needed and giving the address for ment officials who needed them most. mailing. The General Services Administration believes that a Distribution to the public is made only by the Superin­ systematic, centralized publication of Presidential items tendent of Documents, Government Printing Office, on a weekly basis will provide users with up-to-date in­ Washington, D.C., 20402. The Weekly Compilation of formation on Presidential policies and pronouncements. Presidential Documents will be furnished by mail to The service is being carried out by the Office of the subscribers for $6.00 per year, payable to the Superin­ Federal Register, which now publishes similar material tendent of Documents, Government Printing Office, in annual volumes entitled “Public Papers of the Washington, D.C., 20402. The price of individual copies Presidents.” varies.

D C t f ^ I C T T O Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, FEDERAL l I L U l k J l £ 1 1 on the day after an official Federal holiday), by the Office of the Federal Register, Nation» Area Code 202 9 Archives and Records Service, General Services Administration (mail address Natio Archives Building, Washington, D.C. 20408), pursuant to the authority contained in Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.O., ch. 8B), under regulations prescribed by the AcunJ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintend of Documents, Government Printing Office, Washington, D.C. 20402. hie in The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, Pa^ oney advance. The charge ft» individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or mo j order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. our_ The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is published, under 50 titles, p ^ suant to section 11 erf the Federal Register Act, as amended. The Code op F ederal Regulations is sold by the Superintend Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. oNS, There are no restrictions on the republication erf material appearing in the Federal Register or the Code op F ederal Regul Contents

DEFENSE DEPARTMENT FOOD AND DRUG THE PRESIDENT See Air Force Department. ADMINISTRATION PROCLAMATIONS EDUCATION OFFICE Rules and Regulations National Parkinson Week------—_ 13625 Chlorcyclizine, cyclizine, mecli­ Termination of quantitative lim­ Rules and Regulations zine; statement of policy re­ itations on imports of unmanu­ Federal financial assistance for garding warning, etc______13628 i factured lead and zinc______13623 research and related activities Ipecac syrup in one fluid ounce in the field of education and for containers; required warnings construction of national and and directions-———. __ — 13628 EXECUTIVE AGENCIES regional facilities™ .—»_ii;— 13638 AGRICULTURE DEPARTMENT FEDERAL AVIATION AGENCY HEALTH, EDUCATION, AND See also Consumer and Marketing WELFARE DEPARTMENT . Service.,. Rules and Regulations See Education Office; Food and Notices Provisional maximum certified weights for certain airplanes Drug Administration. North Dakota; designation and operated by Alaskan* air carriers, extension of area for emergency air taxi operators in Alaska, and loans______— 13667 the Department of the Interior; INDIAN AFFAIRS BUREAU extension of expiration date—__ 13627 Notices * AIR FORCE DEPARTMENT Proposed Rule Making Forestry matters; redelegation Rules and Regulations Certain airplanes operated in of authority— ______— „ 13667 Miscellaneous amendments to . Alaska by air carriers and by , chapter ______—__— — _ 13630 the Department of the Interior ; INTERIOR DEPARTMENT increased maximum certified ATOMIC ENERGY COMMISSION weights—i____...___ —. . . . ------13651 See Fish and Wildlife Service; Indian Affairs Bureau. Notices ..-V Notices Commonwealth Edison Co.; notice Exclusive rights at airports; policy of hearing on application for statement______*______13661 INTERNAL REVENUE SERVICE provisional construction per- Proposed Rule Making ■: mit_____r—— ;___ 13660 FEDERAL COMMUNICATIONS Liquidation of personal holding COMMISSION companies_13649 CIVIL AERONAUTICS BOARD Rules and Regulations Notices FM broadcast stations; table of INTERSTATE COMMERCE Accident occurring at Montours- assignments._____ L_-,------13644 COMMISSION ville, Pa.; investigation______13667 Fraudulent billing practices of standard, FM and television Notices broadcast stations------13642 Fourth section application for re­ Civ il s e r v ic e c o m m is s io n Proposed Rule Making lief —_____ .______— 13669 Rules and Regulations Expanded cooperative sharing of Louisiana; railroad carriers au­ Water Resources Council; ex­ operational fixed stations—- — 13652 thorized to transport hay at re­ cepted service______13628 duced rates______]------13669 Notices Motor carriers: COAST GUARD Fraudulent billing rule; appli­ Alternate route deviation no­ cability------13662 tices______13669 Notices Hearings, etc.: Applications and certain other Equipment, installations, or m ate­ Service Electric Cable TV, Inc. proceedings (2 documents) — 13670, rials; approval and term ination (2 documents)------13663,13664 13673 of approval notice—______13655 KXYZ Television, Inc., and Applications under sections 5 Crest Broadcasting Co------13664 and 210a(b)______13668 Tinker, Inc______13664 Temporary authority applica­ CONSUMER AND MARKETING tions.______13675 SERVICE FEDERAL MARITIME Transfer proceedings------13673 Roles and Regulations COMMISSION Cranberries grown in certain Proposed Rule Making SECURITIES AND EXCHANGE States; expenses and rate of as­ sessment______13627 Fhing project rates; special per­ COMMISSION mission requirements------13653 Proposed Rule Making _ w Notices Expense and rates of assessment: FEDERAL POWER COMMISSION Hearings, etc.: Onions grown in certain desig­ Golconda Mining COrp------13667 nated counties in Idaho and c Notices Mississippi Power &_Light Cp_ - - 13667 Malheur County, Oregon___ 13655 Hearings, etc.: Walnuts grown in California, Edwards Oil & Gas Co., et al—_ 13664 Oregon, and Washington—__ 13650 Graham-Michaelis Drilling Co., TREASURY DEPARTMENT ««ugh, brown, and milled rice; et al-—- ——---———1— 13666 See also Coast Guard; Customs Proposed revision of standards. _ 13649 Bureau; Internal Revenue Serv- FISH AND WILDLIFE SERVICE . ice. . ' - v ; T# CUSTOMS BUREAU Rules arid Regulations Notices..... - - *u. Notices . ^ Seney National Wildlife Refuge, , Commandant, U.S. Coa$t Guard ; residents; accompanyr- Mich.; huntings (2document§>r»,13647, % delegation of authority (2 docu­ mg baggage______13655 13648 ments) *< • 13621 13622 CONTENTS

List of CFR Parts Affected (Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue* A cumulative list of parts affected* covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1* 1965* and specifies how they are affected.

21 CFR 1 0 1 7 -______- ____ 13637 3 CFR 1053— ______1 ______13638 P roclamations : 3 (2 docum ents)______13628 1 0 5 4 - ______13638 3257 (terminated by Proc. 3683) __ 13623 131 (2 documents) ______13628 1057______13638 3683 ______13623 3684 ______13625 26 CFR 45 CFIt P roposed R ules: 151.______— ...... — 13638 5 CFR 1______13649 213...... ;______L 13628 46 CFR P roposed R ules: 7 CFR 32 CFR 53 1 — ______13653 850______.______13630 929______—...... 13627 888______13630 47 CFR P roposed R ules: 904______-13630 73 (2 documents)______13642,13644 68______— 13649 1001— ______— ____ 13630 958______13650 1002— ______13631 P roposed R ules: 984______— 13650 1003 _i,______— ______13632 87 ___ — ...... 13652 1004 ______13633 8 9 ______13652 91 _ ...... 13652 14 CFR 1006 ______13634 1007 ______— ...... 13634 9 3 ______- ...... 13652 SPAR 12...... 13627 1011______—— 13634 P roposed R ules: 1013______13634 50 CFR 91...... 13651 1016___ 13637 32 (2 documents)______- 13647,13648 HH3TH03 13623

Presidential' : VI; " I Documents I ^

Title 3— THE PRESIDENT Proclamation 3683 TERMINATION OF QUANTITATIVE LIMITATIONS ON IMPORTS OF UNMANUFACTURED LEAD AND ZINC By the President of the United States of America A Proclamation 1. WHEREAS, pursuant to Section 350 of the Tariff Act of 1930, the President, on October 30, Ï947, entered into, and by Proclama­ tion No. 2761A of December 16, 1947 (61 Stat. (pt. 2) 1103), proclaimed, effective on and after January 1, 1948, the General Agreement on Tariffs and Trade (61 Stat. (pt. 5) A ll; hereinafter referred to as “the General Agreement”), including a concession with respect to certain articles of unmanufactured zinc provided for in item 394 of Part I of Schedule XX of the General Agreement (61 Stat. (pt. 5) A1219) ; and, on April 21, 1951, entered into, and by Proclamation No. 2929 of June 2, 1951 (65 Stat. cl2), proclaimed, effective on and after June 6,1951, the Torquay Protocol to the Gen­ eral Agreement, including concessions with respect to certain articles of unmanufactured lead and zinc provided for in items 391, 392, 393, and 394 of Part I of Schedule X X of the Torquay Protocol (3 TJ.S.T. (pt. 1)1167); 2. WHEREAS, pursuant to Section 7 of the Trade Agreements Extension Act of 1951, and in accordance with the provisions of Article XIX of the General Agreement (61 Stat. (pt. 5) A58), the President by Proclamation No. 3257 of September 22, 1958 (73 Stat. c3), proclaimed, effective on and after October 1, 1958, that the con­ cessions with respect to the articles of unmanufactured lead and zinc identified in the first recital of this proclamation should be modified and that such articles should be subject to certain specified quanti­ tative limitations, until the President should otherwise proclaim ; 3. WHEREAS, after compliance with the requirements of Section 102 of the Tariff Classification Act of 1962 (76 Stat. 73), the Presi­ dent by Proclamation No. 3548 of August 21, 1963 (77 Stat. 1017), proclaimed, effective on and after August 31, 1963, the Tariff Sched­ ules of the United States, which reflected, with modifications, and, in effect, superseded (1) the provisions of Proclamations Nos. 2761A and 2929 insofar as those proclamations proclaimed the concessions with respect to the articles of unmanufactured lead and zinc identified in the first recital of this proclamation (see Part 1 and Subparts G and H of Part 2 of Schedule 6 of the Tariff Schedules of the United States), and (2) the provisions of Proclamation No. 3257 (see Sub­ part A of Part 2 of the Appendix to the Tariff Schedules- of the United States) ; 4. WHEREAS, following my request under Section 351(d)(2) of the Trade Expansion Act of 1962 (19 U.S.G. 1981(d)(2), the United States Tariff Commission conducted an investigation, includ­ ing a hearing, pursuant to Section 351(d) (5) of that Act (19 U.S.C. 1981(d) (5)), and on June 8, 1965, submitted to me a report (30 F.R. 7619) advising me of its judgment as to the probable economic effect on the domestic industry concerned of the reduction or termination of the quantitative limitations specified in Proclamation No. 3257 (now reflected, with modifications, in Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States) ;

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13624 " THE PRESIDENT 5. WHEREAS, in relation to the possible reduction or termina­ tion of such quantitative limitations, I have received and taken into account the advice from the Tariff Commission, advice of the Secre­ tary of Commerce and the Secretary of Labor in accordance with Section 351(c) (1) (A) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(c) (1) (A )), recommendations of the Special Representative for Trade Negotiations in accordance with Sections 3(b), 3(j) , and 5(c) of Executive Order No. 11075 of January 15, 1963 (48 CFR 1.3(b), 1.3(j), and 1.5(c)), and advice of other interested agencies of the Government ; and 6. WHEREAS, in accordance with Section 351(c)(1)(A) of the Trade Expansion Act of 1962,1 have determined that the termination as herein proclaimed of the quantitative limitations specified in Proc­ lamation No. 3257 (now reflected, with modifications, in Subpart A of Part 2 of the Appendix to the Tariff Schedulés of the United States) is in the national interest : NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, acting pursuant to the authority vested in me by the Constitution and the statutes, including Section 351(c) (1) (A) of the Trade Expansion Act of 1962, and in accordance with the provisions of Article X IX of the General Agreement, do proclaim that: (1) Proclamation No. 3257 shall be terminated. (2) The following parts of the Appendix to the Tariff Schedules of the United States (reflecting, with modifications, the quantitative limitations specified in Proclamation No. 3257) shall be revoked : (a) Items 925.01, 925.02, 925.03, and 925.04; (b) The article description immediately preceding item 925.01; and \ (c) Headnote 2 of Subpart A of Part '2. (3) The concessions with respect to the articles of unmanufactured lead and zinc identified in the first recital of this proclamation shall be applied without quantitative limitations, in accordance with the 0 provisions of Part 1 and Subparts G and H of Part 2 of Schedule 6 of the Tariff Schedules of the United States (reflecting, with modifi­ cations, concessions proclaimed by Proclamations Nos. 2761A and 2929). (4) The actions proclaimed in paragraphs (1), (2), and (3) above shall be effective as follows : (a) On the date of this proclamation, with respect to such articles provided for in items 925.01 and 925.02 of the Appendix to the Tariff Schedules of the United States as are entered, or withdrawn from warehouse, for consumption on or after such date; and (b) On the 30th day following the date of this proclamation, with respect to such articles provided for in items 925.03 and 925.04 of the Appendix to the Tariff Schedules of the United States as are entered, or withdrawn from warehouse, for consumption on or after the 30th day following such date. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this twenty-second day of Oc­ tober in the year of our Lord nineteen hundred and sixty- [ seal] five, and of the Independence of the United States of America the one hundred and ninetieth. L yndon B. J ohnson By the President: D ean R usk , Secretary of State. [F.R. Doc. 65-11585 ; Filed, Oct. 25,1965 ; 4:21 p.m.]

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13625

Proclamation 3684 NATIONAL PARKINSON WEEK By the President of the United States of America A Proclamation WHEREAS many of our people are now afflicted with Parkinson’s disease and more than 25,000 additional persons become victims of that disease each year; and WHEREAS Parkinson’s disease is one of the most prevalent neuro­ logical disorders; and WHEREAS the causes of Parkinson’s disease are still unknown; and WHEREAS many persons have dedicated themselves to treating and rehabilitating persons afflicted , with Parkinson’s disease and to conducting research into the cause or causes of that disease and a cure for it; and WHEREAS the Congress, by a joint resolution of October 23,1965, has requested the President to designate the week beginning Octo­ ber 25,1965, as National Parkinson Week: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby proclaim the week beginning October 25, 1965, as National Parkinson Week. I invite the Gov­ ernors of the Statespthe Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States to issue similar proclamations. I also call upon the communications media, the medical and health professions, and all agencies and individuals interested in a national program for the control of Parkinson’s disease to unite during that week in public dedication to such a program and in a concerted effort to impress upon the people of the United States the necessity for such a program. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this 23rd day of October in the year of our Lord nineteen hundred and sixty-five, and of [ seal] the Independence of the United States of America the one hundred and ninetieth. L yndon B. J ohnson By the President: D ean R usk, Secretary of State. . [F.R. Doc. 65-11586; Filed, Oct. 25,1965 ; 4: 21 p.m.]

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 208-----2

13627 Rules and Regulations

rei of cranberries, or equivalent quantity the industry to more effectively plan the Title 7— AGRICULTURE of cranberries. utilization thereof, and handlers should be given as much advance notice of such Chapter IX— Consumer and Market­ B. Section 929.204 is amended by add­ reporting requirement as possible; and ing Service (Marketing Agreements ing thereto the following paragraph (c) : (5) the reporting requirements do not and Orders; Fruits, Vegetables, § 929.204 Reserve. requiie any special preparation on the Nuts), Department of Agriculture * * * ♦ ♦ part of handlers for compliance there­ with which cannot be completed by the PART 929— CRANBERRIES GROWN (c) Assessments collected for the fiscal period ended July 31,1965, were in excess effective time thereof and no useful pur­ IN THE STATES OF MASSACHU­ of expenses for such period and the com­ pose would be served by postponing such SETTS, RHODE ISLAND, CONNECT­ mittee is hereby authorized to place such time beyond the date of publication in ICUT, NEW JERSEY, WISCON­ excess in the reserve, established pursu­ the F ederal R egister. SIN, MICHIGAN, MINNESOTA, ant to this section, in-accordance with (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. OREGON, WASHINGTON, AND the provisions of § 929.42 of the itiarket- 601—674) LONG ISLAND IN THE STATE OF ing agreement and this part. Dated, October 22,1965, with §§ 929.204 NEW YORK C. Section 929.105 is amended by in­ and 929.105 to become effective upon serting “(a)” immediately preceding the publication in the F ederal R egister. Expenses and Rate of Assessment, provisions thereof and by adding thereto -Paul A. Nicholson, Carryover of Unexpended Funds, the following as paragraph (b) : Deputy Director, Fruit and Veg­ and Handler Reports § 929.105 Reporting. etable Division, Consumer and Notice was published in the September * * * * * Marketing Service. 30, 1965, issue of the F ederal R egister (b) Certified reports shall be submit­IF.R. Doc. 65-11528; Filed, Oct. 26, 1965; (30 F.R. 12485) that consideration was ted to the committee by each handler not 8:48 a.m.] being given to proposals regarding the later than 10 days after each of the expenses and the fixing of the rate of specified dates showing, for the preced­ assessment for the fiscal period begin­ ing 3-month period, the total quantity of ning August 1, 1965, and ending July 31, cranberries such handler acquired and Title 14— AERONAUTICS AND 1966, carryover of unexpended funds; and the total quantity of cranberries such handler reports, pursuant to the market­ handler handled, and, as of the specified SPACE ing agreement, as amended, and Order dates, the respective quantities of cran­ No. 929, as amended (7 CFR Part 929) , berries and cranberry products such Chapter I— Federal Aviation Agency regulating the handling of cranberries. handler had on hand: November 1,1965; [Docket No. 6986; Amendment No. SFAR The time for filing written data, views, February 1, 1966; May 1, 1966; and Au­ 12- 1] or arguments was extended to include gust 1,1966. October 20, 1965 (30 F.R. 13013). This SFAR 12— PROVISIONAL MAXIMUM regulatory program is effective under the It is hereby found that good cause CERTIFICATED WEIGHTS FOR CER­ Agricultural Marketing Agreement Act exists for not postponing the respective TAIN AIRPLANES OPERATED BY of 1937, as amended (7 U.S.C. 601-674), effective dates of § 929.206, and the amendatory provisions of §§ 929.204 and ALASKAN AIR CARRIERS, AIR TAXI After consideration of all relevant OPERATORS IN ALASKA, AND THE matter presented, including the proposals 929.105 until 30 days after publication which were submitted by the Cranberry in the F ederal R egister (5 U.S.C. 1001- DEPARTMENT OF THE INTERIOR 1011) in that: (1) With respect to Marketing Committee (established pur­ Extension of Expiration Date suant to the amended marketing agree­ § 929.206, the relevant provisions of said ment and order) and set forth in the amended marketing agreement and this This amendment extends for 6 months aforesaid notice, and other available in­ part require that the rate of assessment the expiration date of Special Federal formation, including a recommendation fixed for a particular fiscal period shall Aviation Regulation 12 which expires from the members of the executive com­ be applicable to all assessable cran­ October 25,1965. mittee of the Cranberry Marketing Com­ berries from the beginning of such year; The Federal Aviation Agency has to­ mittee that the assessment rate be fixed (2) the current fiscal period began on gether with this amendment issued a at one-half cent instead of at one cent August 1, 1965, and the rate of assess­ notice of proposed rule making (Notice and that reserve funds be used to supple­ ment herein fixed will automatically ap­ 65-31*) proposing to amend FAR Part 91 ment assessment income, it is hereby ply to all assessable cranberriès begin­ to incorporate therein the authorization found and determined as follows: ning with such date; (3) with respect to presently contained in SFAR-12. The A. The following section is added: the amendatory provisions of § 929.204, purpose of this amendment is to tem­ unexpended assessment funds are on porarily extend the effectiveness of § 929.206 Expenses and rate of assess- hand and should be transferred to the SFAR-12 to allow adequate time for the ment. reserve promptly to enable the commit­ Agency to evaluate any comments re­ (a) Expenses. The expenses tha tee to use such funds in accordance with ceived in response to Notice 65-31. reasonable and likely to be incurre § 929.42; (4) with respect to the amenda­ Since this amendment merely extends *he Cranberry Marketing Comm tory provisions of § 929.105, the first cer­ for a six-month period the authorization during the fiscal period August 1, tified report should be due from han­ presently contained in SFAR-12 and through July 31, 1966, in „accord dlers not later than November 10, 1965, imposes no additional burden on any with the marketing agreement, because the harvesting of a considerable person, I find that the notice and public portion of the crop from all areas will procedure provisions of the Administra­ amended, and this part, will amoui be completed by November 1, and data $8,010. tive Procedure Act need not be complied should be promptly compiled from such with and this amendment may be made (b) Rate of assessment. The ra reports and made available to the indus­ effective on less than 30 days notice. assessment for said period, payabl try by the committee to provide the first each handler in accordance with § 95 and timely information with respect to 1 See F.R. Doc. 65-11493, in Proposed Rule is fixed at one-half cent ($0.005) per the total size of the crop, thus enabling Making Section, infra.

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13628 RULES AND REGULATIONS

In consideration of the foregoing, the 1. Part 3 is amended by adding thereto § 131.16 Drugs forliuman use; warning last sentence of SFAR-12 is hereby the following new section: and caution statements required by regulations. amended, effective immediately, by strik­ § 3.30 Ipecac syrup; warnings and di­ ing out the words “October 25,1965” and rections for use for over-the-counter * * * * * by inserting in place thereof the words sale. IP E C A C SYRUP IN ONE-FLUID “May 1, 1966.” (a) It is estimated that each year O U N C E CONTAINERS FOR EMER­ (Secs. 313(a), 601, 603, and 604 of the Federal about 500,000 accidental poisonings occur GENCY TREATMENT OF POISONING, Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, TO INDUCE VOMITING. (See § 3.30 of 1423, and 1424) in the United States and result in ap­ proximately 1,500 deaths, of which over this chapter.) Issued in Washington, D.C., on 400 are children. In the emergency Ipecac syrup packaged for over-the- October 21, 1965. treatment of these poisonings, ipecac counter sale must bear statements to the syrup is considered the emetic of choice. following effect, in a prominent and con­ W illiam F. McK ee, spicuous manner:. Administrator. The immediate availability of this drug for use in such situations is critical, since The following statement (boxed and [F.R. Doc, 65-11492; Filed, Oct. 26, 1965; rapid treatment may be the difference in red letters): 8:45 a.m.] between life and death. The restriction “For emergency use to cause vomiting of this drug to prescription sale limits in poisoning. Before using, call physi­ its availability in emergencies. On the cian, the Poison Control Center, or hospi­ Title 5— ADMINISTRATIVE other hand, it is the consensus of in­ tal emergency room immediately for formed medical opinion that ipecac syrup advice.” should be used only under medical super­ The following warning: Warning- PERSONNEL vision in the emergency treatment of Keep out of reach of children. Do not Chapter 1—Civil Service Commission poisonings. In view of these facts, the use in unconscious persons. Ordinarily, question of whether ipecac syrup labeled this drug should not be used if strych­ PART 213— EXCEPTED SERVICE as an emergency treatment for use in nine, corrosives such as alkalies (lye) and strong acids, or petroleum distillates Water Resources Council poisonings should be available over the counter has been controversial. such as kerosine, gasoline, coal oil, fuel Section 213.3380 is added to show that (b) In connection with its study of oil, paint thinner, or cleaning fluid have the position of Director, Water Re­ this problem, the Food and Drug Admin­ been ingested. sources Council Staff, is excepted under istration has obtained the views of medi­ *. * * * * Schedule C. Effective on publication in cal authorities. It is the unanimous (Secs. 502(f), 701(a), 52 Stat. 1051, 1055; 21 the F ederal R egister § 213.3380 is added recommendation of the American Acad­ U.S.C. 352(f), 371 (a)) as set out below. emy of Pediatrics, the American Associa­ Dated: October 19, 1965. § 213.3380 Water Resources Council. ^ tion of Poison Control Centers, the American Medical Association, and the W inton B. R ankin, (a) Director, Water Resources Coun­Medical Advisory Board of the Food and Assistant Commissioner cil Staff. Drug Administration that ipecac syrup i for Planning. (R.S. 1753, sec. 2, 22 Stat. 403, as amended; in 1 fluid ounce containers be permitted [Fit. Doc. 65-11386; Filed, Oct. 26, 1965; 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, to be sold without prescription so that it 8:45 a.m.] 3 CFR, 1954-1958 Oomp., p. 218) will be readily available in the household for emergency treatment of poisonings, U nited S tates Civil Serv­ PART 3— STATEMENTS OF GENERAL ice Commission, under medical supervision, and that the [seal] Mary V. W enzel, drug be appropriately packaged and POLICY OR INTERPRETATION Executive Assistant to labeled for this purpose. PART 130— NEW DRUGS the Commissioners. (c) In view of the above recommenda­ [F.R. Doc. 65-11516; Filed, Oct. 26, 1965; tions, the Commissioner of Food and PART 131— INTERPRETATIVE STATE­ 8:47 a.m.] Drugs has determined that it is in the MENTS RE WARNINGS ON DRUGS interest of the public health for ipecac AND DEVICES FOR OVER-THE- syrup to be available for sale without prescription, provided that it is packaged COUNTER SALE Title 21— FOOD AND DRUGS in a quantity of 1 fluid ounce (30 milli­ Chlorcyclizine, Cyclizine, Meclizine; liters), and its label bears, in addition Statement af Policy re Warning etc. Chapter I— Food and Dtug Adminis­ to other required label information, the tration, Department of Health, Edu­ following, in a prominent and con­ Pursuant to the authority provided in cation, and Welfare spicuous manner : the Federal Food, Drug, and Cosmetic (1) A statement conspicuously boxed Act (secs. 503(b) (1)(C), 505, 701, 52 PART 3— STATEMENTS OF GENERAL and in red letters, to the effect: “For Stat. 1052,1055, as amended 65 Stat. 64», POLICY OR INTERPRETATION emergency use to cause vomiting, in 649, 76 Stat. 781 et seq.; 21 U.S.C. 353 (b) (1) (C), 355, 371) and delegated to PART 131— INTERPRETATIVE STATE­ poisoning. Before using, call physician, the Poison Control Center, or hospital the Commissioner of Food and Drugs ny MENTS RE WARNING ON DRUGS emergency room immediately for advice.” the Secretary of Health, Education, ana AND DEVICES FOR OVER-THE, (2) A warning to the effect: “Warn­ Welfare (21 CFR 2.90), Title 21 is COUNTER SALE amended as set forth below: ing—Keep out of reach of children. Do 1. Part 3 is amended by adding there­ Ipecac Syrup in One Fluid Ounce Con­ not use in unconscious persons. Ordi­ to the following new section: narily, this drug should not be used if tainers; Required Warnings and § 3.29 Chlorcyclizine, cyclizine, mecli- Directions strychnine, corrosives such as alkalies (lye) and strong acids, or petroleum dis­ zine; ^warnings; labeling requir Pursuant to the authority provided in tillates such as kerosine, gasoline, coal ments. the Federal Food, Drug, and Cosmetic oil, fuel oil, paint thinner, or cleaning (a) The Food and Drug Administra­ Act (secs. 502(f), 701(a), 52 Stat. 1051, fluid have been ingested.” tion, pursuant to its responsibility 1055; 21 U.S.C. 352(f), 371(a)) and the safety and effectiveness of drugs, delegated to the Commissioner of Food (3) Usual dosage: 1 'tablespoon (15 conducted active investigations oi■ and Drugs by the Secretary of Health, milliliters) in persons over 1 year of age. ports of available animal data w . Education, and Welfare (21 CFR 2.90), 2. Section 131.16 is amended by insert­ reveal that chlorcyclizine hydrochloriae, Title 21 is amended in the following ing therein in alphabetical order a new cyclizine hydrochloride and lactate, _ meclizine hydrochloride exert a te respects. item reading as follows:

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 RULES AND^ REGULATIONS 13629 genic response in animals such as the While available clinical data are inconclu­ tion will also continue to follow the rat, mouse, rabbit, pig, and dog. While sive, scientific experts are of the opinion large-scale surveys of clinical experience that this drug may possess a potential for and any reports of adverse reaction that clinical studies to date are inconclusive, adverse effects on the human fetus. Conse­ scientific experts are of the opinion that quently, consideration should be given to may be due to the use of these drugs these drugs may possess a potential for initial use of a nonprenothiazine agent that under the revised labeling. adverse effects on the human fetus. In- - is not suspected of having a teratogenic po­ 2. Section 130.102(a) is amended by vestigations have led to the conclusion tential. In any case, the dosage and dura­ adding to subparagraph (6) (vii) a new that there exists sufficient evidence of tion of treatment should be kept to a minimum. (e) and by adding to subparagraph (25) teratogenicity in animals administered (vii) a new (c), as follows: these drugs to justify warnings against This statement shall be followed with their use in pregnancy except on advice an appropriate summary of the perti­ § 130.102 Exemption for certain drugs of a physician. An Ad Hoc Advisory nent animal studies and adverse clini­ limited by new-drug applications to Committee on the Teratogenic Effect of cal ~ experiences, with adequate refer­ prescription sale. Certain Drugs, comprised of scientists in ences to the scientific literature. Also, (а) * * * various branches of medicine concerned the labeling shall contain, in juxtaposi­ (б) Meclizine hydrochloride * * * with the problem, has submitted its tion with any representation for use in (vii) * * * findings and conclusions to the Commis­ the treatment of nausea and vomiting (e) Administratiön of the drug to sioner of Pood and Drugs and has rec­ in pregnancy, the following statement: women who are pregnant or who may be­ ommended that all over-the-counter The effectiveness o f _____ for the pre­ come pregnant, unless directed by a phy­ preparations containing chlorcyclizine, vention and treatment of nausea and vomit­ sician, since the drug may have the po­ cyclizine, or meclizine or their salts bear ing of pregnancy has not been established, tentiality of injuring the unborn child. a warning. and the decision to u s e _____ should be ♦ * * * * (b) On the basis of studies made by based on the seriousness of the situation, the Pood and Drug Administration and remembering that while this drug has been (25) Chlorcyclizine hydrochloride * * * on the recommendations of the Advisory used clinically for a decade, there are yet (vii) * * * Committee, the Commissioner of Food no controlled studies to demonstrate its (c) A clear warning statement against usefulness in an objective fashion. In most administration of the drug to women and Drugs has concluded that it is neces­ cases, nausea and vomiting of pregnancy sary for the protection of users that the who are pregnant or who may become may be unpleasant but do not present a pregnant, unless directed by a physician, label and labeling of all over-the-counter serious threat to the health of the patient preparations containing chlorcyclizine, or to the progress of her pregnancy. In since this drug may have the potential­ cyclizine, or meclizine or their salts bear view of the desirability of keeping the ad­ ity of injuring the unborn child. a statement of the following effect: ministration of all drugs to a minimum dur­ 3a. Section 131.15 is amended by ing pregnancy, management by physiologic "Warning—Not for use by women who means such as proper nutrition and by changing the cross-reference after the are pregnant or who may possibly be­ psychologic support is preferable to anti­ item “ANTIHISTAMINICS, ORAL” to come pregnant, unless directed by a emetic therapy. read as indicated below and by inserting physician, since this drug may have the after the last sentence new text, as potentiality of injuring the unborn (2) Within 30 days from the date of follows: child.” publication of this statement of policy (c) The marketing of oral and pa­ in the F ederal R egister, the applicant § 131.15 Drugs for human use; recom­ renteral drugs containing chlorcyclizine, under an approved new-drug application mended warning and caution state­ for a drug containing chlorcyclizine, ments. cyclizine, or meclizine or their salts may * * * * * be continued provided that all the fol­ cyclizine, or meclizine or their salts shall lowing conditions are met: submit a supplement to his new-drug ap­ ANTIHISTAMINICS, ORAL. (See also (1) Within 30 days from the date ofplication, providing for appropriate §§3.29 and 130.102(a) (4), (6), (13), publication of this statement in the labeling changes as described in subpar­ (24), and (25) of this chapter.) Federal Register. ' agraphs (1) (i) or (ii) of this paragraph. * * * * * (i) The label and applicable labeling (3) Within 90 days from the date of of drugs containing chlorcyclizine, cycli­ publication of this statement of policy C yclizin e-con tain in g preparations zine, or meclizine or their salts, at'ac­ in the F ederal R egister, the manu­ should include the following: ceptable levels for over-the-counter dis­ facturer, packer, or distributor of any Warning—Not for use by women who tribution, shall prominently and con­ drug containing chlorcyclizine, cyclizine, are pregnant or who may possibly be­ spicuously display the statement: or meclizine or their salts for which a come pregnant, unless directed by a "Warning—Not for use by women who new-drug approval is not in effect shall physician, since this drug may have the are pregnant or who may possibly be­ submit a new-drug application contain­ potentiality of injuring the unborn child. come pregnant, unless directed by a ing satisfactory information of the kinds b. Section 131.16 is amended by chang­ Physician, since this drug may have the required in the new-drug application ing the cross-reference after the item potentiality of injuring the unborn form contained in § 130.4(c) of this “ANTIHISTAMINICS, ORAL * * *” to child.” chapter, including appropriate labeling read as indicated below and by inserting The package labeling and other as described in subparagraphs (1) (i) or after the last sentence new text, as fol­ labeling providing professional use in­ (ii) of this paragraph. lows: formation concerning prescription drugs (d) In view of the fact that no sub­ stantial evidence has been offered for § 131.16 Drugs for human use; warn­ containing chlorcyclizine, cyclizine, or ing and caution statements required meclizine or their salts and not contra­ the effectiveness of chlorcyclizine, cycli­ zine, and meclizine or their salts in the by regulations. indicated for use in pregnancy because * * * * * of some other ingredient, shall bear, in prevention and treatment of nausea and accordance with § 1.106(b)1 of this chap­ vomiting of pregnancy, but mindful of ANTIHISTAMINICS, ORAL (PHENYL- ter, a section under “Adverse Reactions” the fact that some practicing physicians TOLOXAM3NE DIHYDROGEN CIT­ headed “Use in Pregnancy,” as follows: believe that these drugs exert a bene­ RATE, MECLIZINE HYDROCHLO­ ficial effect upon this condition, the Food RIDE, DOXYLAMINE SUCCINATE, , . f°howing information should be axen into account in determining whether and Drug Administration will permit a CHLOROTHEN CITRATE, CYCLIZINE e Potential benefits of [chlorcyclizine, modified claim in indications for this HYDROCHLORIDE, AND CHLORCY­ th ! r e’ mecHzine. or their salts] outweigh use for a period not exceeding 2 years. CLIZINE HYDROCHLORIDE PREPAR­ h«aks of their use in women of child- However, this modified indication for use ATIONS), (See §§3.29 and 130.102(a) n nng age and particularly during preg- of these drugs in the prevention and (4), (6), (13), (24), and (25) of this revo^r ^ review of available animal data treatment of nausea and vomiting of chapter.) „„„ that this drug exerts a teratogenic ponse in the [rat, mouse, rabbit, pig, dog]. pregnancy will be deleted from the label­ * * * * * ing unless substantial evidence is offered For chlorcyclizine-, cyclizine-, or mec- timfe,?fcl0n 1-105 wiU require that prescrip- before the expiration of this period of lizine-containing preparations, the arug advertising contain this warning. time. The Food and Drug Administra­ statement:

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965

/ 13630 RULES AND REGULATIONS

Warning—Not for use by women who SUBCHAPTER K— MILITARY TRAINING AND warded immediately to the comptroller are pregnant or who may possibly be­ SCHOOLS of the appropriate Department, or other come pregnant, unless directed by a PART 904— DETAILING PERSONNEL Departmental officer responsible for the physician, since this drug may have the control of funds. When forwarded, the potentiality of injuring the unborn child. TO N O N -FED ERAL ESTABLISH­ check shall be accompanied by a letter MENTS FOR AVIATION INSTRUC­ identifying it as a voluntary refund, giv­ Effective date. Except as to those por­ TION ing the number of the contract or con­ tions of § 3.29 which set forth specific tracts involved and, where possible, time limits for compliance, this order Part 904 is deleted. giving the account number of the ap­ shall become effective upon publication propriation to which the refund should in the F ederal R egister. SUBCHAPTER W— AIR FORCE PROCUREMENT be credited. (Secs. 503(b)(1)(C), 505, 701, 52 Stat. 1052, INSTRUCTION 1055, as amended 65 Stat. 648, 649, 76 Stat. § 1001.312-50 General. 781 et seq.; 21 U.S.C. 353(b) (1) (C) , 355, 371) PART 1001— GENERAL PROVISIONS (a) Generally, conditions resulting in Dated: October 21,1965. Subpart C— General Policies the solicitation of voluntary refunds will have been disclosed (1) by DOD person­ Geo. P. Larrick, 1. Present §§ 1001.312 and 1001.312-50 nel engaged in contract administration Commissioner of Food and Drugs. are deleted and the following inserted, as and contract audit activities, or (2) [F.R. Doc. 65-11487; Filed, Oct. 26, 1965; follows: through GAO reports questioning the 8:45 a.m.] § 1001.312 Voluntary refunds. reasonableness of contract prices and recommending that efforts be made to (a) General. A voluntary refund is aobtain adjustments. payment or credit, not required by any (b) Where a contractual basis for re­ Title 32— NATIONAL DEFENSE contractual or other legal obligation, fund exists, the administrative contract­ made to the Government by a contractor ing officer (in consultation and coordi­ Chapter VII— Department of the Air or subcontractor either as a payment or nation with the appropriate office, staff Force as an adjustment under one or more judge advocate) will determine the contracts or subcontracts. It may be amount of and obtain such refund. MISCELLANEOUS AMENDMENTS TO unsolicited or it may be made in response Where a remedy must be based on extra- CHAPTER to a request by the Government. Where contractual considerations, the director it is desired to solicit a voluntary refund Chapter VII is amended as. follows: of procurement of the major command from a subcontractor, the prime con­ (for AFSC, the DCS/Procurement and Subchapter e— secu rity tractor should be encouraged to facili­ Production), or higher authority, will tate the making of such refund. In de­ determine the amount of and obtain any PART 850— SAFEGUARDING ciding whether to solicit a voluntary re­ refund to be affirmatively sought by the CLASSIFIED INFORMATION fund or to accept an unsolicited refund, Air Force. In such a case, where an the contracting officer shall ask legal AFLC or AFSC procurement Is involved, In § 850.9, paragraph (f) (3) is re­ counsel to review the contract or con­ recommendations based on appropriate vised to read as follows: tracts and all data relevant thereto to preliminary review, including coordina­ determine whether the Government’s tion with the appropriate office, staff § 850.9 Dissemination and disclosure rights would be jeopardized or impaired authority. judge advocate, will be forwarded for by the contracting officer’s proposed necessary action to the Director of Pro­ * * * * * action. curement (or DCS/Procurement and (f) * * * . (b) Solicited refunds. Voluntary re­ Production) through AFLC (MCPPP) or (3) Safeguarding requirements. Clas­funds may be requested during or after, AFSC (SCKPF), as appropriate. sified information and material dissem­ contract performance. They shall be (c) If the Director of Procurement (or inated according to subparagraph <2) requested only when it is considered that DCS/Procurement and Production) de­ of this paragraph shall be permitted only the Government was overcharged under termines, on the basis of such recom­ to persons or activities participating in a contract or was inadequately compen­ mendation, that a ref und based on extra- the DOD Industrial Security Program as sated for the use of Government-owned contractual consideration is to be sought, the result of the negotiation of a DOD property or in the disposition of contrac­ he will: Security Agreement (DD Form 441). tor inventory, and retention by the con­ (1) If the refund action being initiated Prior to dissemination, it must be ascer­ tractor or subcontractor of the amount results from in-house investigation (see tained that the proposed recipient has in question would be contrary to good paragraph (a) (1) of this section) for­ an appropriate and current facility se­ conscience and equity. Generally, re­ ward to the Secretary of the Air Force curity clearance and the. capability to tention by the contractor or subcontrac­ through Hq USAF (AFSPPDA) for re­ safeguard the classified material. (Part tor shall not be considered contrary to view and approval a detailed statement 852 of this subchapter contains further good conscience and equity, and thus a which will Include the following infor­ details on the industrial security pro­ voluntary refund shall not be requested, mation: Y gram.) qnless the overcharge or inadequate (1) The facts and factors of the case. compensation was due, at least in part, (ii) Reason for seeking a price adjust- to the fault of the contractor or sub­ ment. SUBCHAPTER I— MILITARY PERSONNEL contractor. The decision to solicit a (iii) The proposed action to be taken. PART 888— ENLISTMENT IN THE voluntary refund shall be made by the (2) Upon receipt of approval from the Secretary concerned. REGULAR AIR FORCE Secretary of the Air Force to proceea (c) Disposition of voluntary refunds. with proposed action, prepare a letter to In § 888.2, paragraph (p) (2) is revised (1) If a refund is offered prior to final the president or principal officer of tne to read as follows: payment, it is preferable that the con­ contractor which: . tract price be appropriately modified to (i) Advises the contractor that ne_ § 888.2 Definitions. reflect the refund. In such a case, the acting in behalf of the Secretary of t * * * * * amount of the refund shall be credited Air Force to whom the results of hi to the applicable appropriation cited in (p) Prior service. * * * actions will be forwarded. , the contract. (ii) States the results of his review (2) Enlisted or former enlisted mem­ (2) In cases where the refund is to be bers of Reserve components of the made by check rather than by an adjust­ the matter. __ Armed Forces who served a continuous ment in the contract price, the check (iii) Advises that the Air Force period of active duty or ACDUTRA ex­ shall be made payable to the Treasurer siders it important that an equitable ceeding 6 months. of the United States and shall be for­ justment be made promptly.

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 RULES AND REGULATIONS 13631

(iv) Requests the contractor to re­ personnel usually responsible for accept­ Subpart K— Qualified Products fund the determined amount or make ing deliveries. Disbursement vouchers Sec. the necessary adjustment voluntarily. will be used to adjust obligations upward 1001.1103 Justification for inclusion of (v) If desired, invites the contractor’s in the instance of overruns; deobligation qualification requirements. president or appropriate principal officer and decommitment action will be taken 1001.1105 Opportunity for qualification. to discuss personally the payment of the by the accounting and finance activities, 1001.1108 Waiver of qualification require­ refund to the Government. in the case of underruns, after payment ment. (3) If the refund action has been rec­ of the final voucher and upon the receipt Authority: The provisions of this subpart ommended by the GAO (see paragraph of AFPI Form 14, Contract Records Dis­ are issued under sec. 8012, 70A Stat. 488, secs. (2) of this section) forward to the Sec­ position Notice, from the ACO. No ac­ 2301-2314, 70A Stat. 127-133, 10 U.S.C. 8012, retary of the Air Force through Hq TJSAF tion by the procuring contracting officer 2301-2314. (AFSPPCB) for review and approval a or ACO is required either to approve § 1001.1103 Justification for inclusion proposed response to the GAO which will quantities delivered by the contractor or of qualification requirements. contain the information required by sub- to adjust obligations within the permitted The Directorate of Maintenance En­ paragraph (1) , (ii), and (iii) of this variation. Where necessary, additional gineering (MCMC), AFLC, and the Di­ paragraph. shipping instructions, required as a re­ rectorate of Systems Policy (SCSV), Hq (4) Upon notification of approval of sult of overruns, will be obtained from AFSC, are the control points for coor­ the proposed response to the GAO by the buyer. dination within their respective com­ the Secretary of the Air Force, prepare § 1001.325—2 Processing variations not mands of the justification for inclusion a letter to the president or principal offi­ permitted by the contract. of qualification requirement in specifi­ cer of the contractor which will contain cations. Command approval of the jus­ the information required by subpara­ (a) Overruns. If the contractor pro­ duces an overrun under a contract which tification will be forwarded to Hq USAF graph (2) (i) through (v) of this para­ (AFSPPE) for final approval. The con­ graph. does not provide for any variation in quantity, or if the overrun exceeds the ditions of § 1.1103(a) of this title, con­ (d) The Director of Procurement (or cerning time required for testing will not DCS/Procurement and Production) will percentage permitted by the contract, the Government is under no obligation be a basis for justification unless the exhaust every available means to obtain time required to perform any one test the refund or adjustment. If unable to to accept the unanticipated excess. Or­ dinarily, the contractor will be notified exceeds 45 calendar days. Any series of secure the adjustment, he will report his two or more tests that must be performed actions to the commander of the major by the ACO that the Government does command and recommend what further not consider itself obligated to, and does in sequence will be considered as one action should be taken. The Command­ not desire to accept the extra quantity. test for the purpose of this condition. er will then exhaust every available The unanticipated excess will then be § 1001.1105 Opportunity for qualifica­ means and, if necessary, forward the returned or tendered to the contractor tion. matter to Hq USAF (AFSPPDA) or for disposition by the contractor at his A copy of the notice will be forwarded (AFSPPCB) as appropriate, with rec­ expense, including all transportation and to Hq USAF (AFSPPE). ommendations for further action. handling charges. When the unantici­ (e) Regarding refunds involving re­ pated overrun for an individual shipment § 1001.1108 Waiver of qualification re­ sponses to GAO reports, a determination is: (1) Less than $10, it will be consid­ quirement. may be made to seek or accept a refund ered inconsequential and be ignored, (2) Where products have been approved less than that recommended by GAO. $10 or more, the ACO will promptly make for inclusion on a Qualified Product List, If so, such a decision must be fully docu­ an investigation upon receipt of an AF waivers of the qualification requirement mented by the Director of Procurement Form 672, Report of Discrepancy, from will be according to § 1.1108 of this title, (or DCS/Procurement and Production) the receiving activity and within 30 days with an information copy forwarded to and have the concurrence of the com­ send written instructions to the receiv­ each of the three organizations listed in mander of the major command. If the ing activity for the proper disposition to § 1001.1103. Command concurs in the recommenda­ be made of the overrun. tion but fails to obtain a refund because (b) Underruns. It is the responsibility of the contractor’s refusal, the response of the contractor to deliver and of the PART 1002— PROCUREMENT BY should state the basis for the refusal and Air Force to accept the quantities called FORMAL ADVERTISING whether or not the Command agrees with for by the terms of the contract, unless it. the contract has been terminated ac­ Subpart D— Opening of Bids and (f) Attention is directed to the need cording to the terms of the contract. If Award of Contract for thorough analysis and justification the contractor requests the Air Force to § 1002.404-2 [Deleted] of our position in any case in which a accept quantities less than those per­ GAO recommendation to seek an ad­ mitted by the variation clause, the ACO 1. Section 1002.404-2 is deleted. justment is not complied with since our will carefully consider the reasons for 2. A new § 1002.406-3 is added as Position will be contained in a final re­ the underrun as extended by the con­ follows: port addressed to the Congress. If a tractor and determine whether accept­ § 1002.406—3 Other mistakes. GAO recommendation to seek a refund ance of the underrun is warranted. is rejected, the response to GAO will ade­ Where acceptances appear justified, the (a) to (d) No implementation. quately state the facts and arguments ACO will submit the facts to the buyer, (e) The data required by § 2.406-3(e) supporting the Command’s position and who will reply, stating the decision made of this title will be submitted in the most the response should also indicate that expeditious manner to AFLC (MCJCR), and the action to be taken by the procur­ marked “Immediate Attention—Mistake (egal recourse was considered and the ing contracting officer. If the con­ results of such consideration. In Bid.” Review Branch (MCJCR), Hq tractor, however, underruns the quantity AFLC, will evaluate the facts presented 2. New §§ 1001.325 thru 1001.325-2 called for on an FP contract for $5,000 and prepare an administrative determi­ are added as follows: or under, which does not contain a vari­ nation according to § 2.406-3(a) of this § 1001.325 Variation in quantity. ation in quantity clause, the underruns title. will be considered inconsequential and (f) Doubtful mistakes in bids will not §1001.325—1 Processing variations per­ be submitted by contracting officers di­ mitted by the contract. will be ignored if it does not exceed 5 per­ cent of the quantity of any one item, or rectly to the Comptroller General for wJ!fkenever quantity delivered by a an aggregate of $50 of the total contract advance decisions. ontractor contains an overrun or under- obligation. (g) If modification is authorized and no n the limits and for the causes award is made to the bidder alleging the mo by the contract, the delivery t Present Subpart K is deleted and the mistake, a copy of the determination will ay be accepted by the appropriate AF following is inserted therefor: be furnished to the accounting and fi-

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27 1965 13632 RULES AND REGULATIONS

nance officer to support payment. (d) Copy of bid submitted by pro­ curement and Production (MCP), the MC JCR, Hq AFLC, will maintain the rec­ tester, if any. Assistant to the Director (MCP-3), Hq ord rèquired by § 2.406-3 (g) of this title. (e) Current status of award or con­ AFLC, the Deputy Chief of Staff/Pro­ At the end of each 6-month period, or tract: If award has been made, indicate curement and Production, and the Assist­ more often if warranted, the Staff Judge if performance has commenced, ship­ ant Deputy Chief of Staff/Procurement Advocate will forward to the Procure­ ment or delivery has been made, award and Production (SCK), Hq AFSC, are ment Division (MCPP), Hq AFLC, the action has been suspended, or stop work authorized to render final decision on number of cases handled for the period order issued. protests before and after award which by types, and his findings as to any pat­ (/) Contracting officer’s statement of are lodged at no higher than major com- tern disclosed that may indicate the facts and circumstances: The contract­ mand or subordinate field organization need for additional or revised procure­ ing officer will discuss the merits of the level. ment instructions or procedures. Fol­ protest and support evaluation by cita­ (e) Reports on protests before and lowing review of the findings a copy will tions from appropriate ASPR or AFPI after award which are filed at Hq USAF be furnished by MCPP to Hq USAF to­ provisions or other authority. or higher level, including cases where gether with a statement showing the (g) Contracting officer’s conclusion copies of protests are known to have been action taken. and recommendations will be included furnished to Hq USAF or a higher level, 3. Section 1002.406-4 is revised to pead and will be based upon the material dis­ such as to Congressmen and the Comp­ as follows: cussed in the report. All facts brought troller General, will be forwarded out in the report will be supported by through Hq AFLC (MCPP) or Hq AFSC § 1002.406—4 Disclosure of m istakes documentary evidence and will be in­ (S C K P ), as appropriate, to USAF after award. cluded with the file and referenced in the (AFSPPCA) for decision. In addition, (a) and (b) No implementation. report. complicated cases which involve policy (c) The authority delegated as listed (h) The file will be assembled in an not clearly enunciated in regulations, in § 2.406-4(c) (3) of this title has been orderly fashion including an index of and those where the protester indicates redelegated by the Commander, AFLC, inclosures. Inclosures will be tabbed in intention to carry the protest to a higher to the Director of Procurement and Pro­ alphabetical sequence. level unless favorably considered will duction and to the Deputy Director of (i) Name and complete telephone also be forwarded through established ^ Procurement and Production, IJq AFLC. number of person within the procure­ command channels to Hq USAF for (d) Mistakes disclosed after award ment office who may be contacted for decision. and processed according to § 2.406-4(d) information relevant to the protest. (Z) Submission of protests to AFLC of this title will be forwarded by the PART 1003— PROCUREMENT BY contracting officer to AFLC (MCPKA). (MCPP) or AFSC (SCKP) under this Mistakes involving contracts for the sale section may be dispensed with by the NEGOTIATION of Government-owned surplus property contracting officer if he is satisfied that the protest is without any reasonable de­ Subpart C— Determinations and will be processed according to chapter 7, Findings section C, Part Two, AFM 177-101 (Basic gree of foundation or that it was made Systems at Base Level). solely to obstruct and hinder the con­ 1. In § 1003.301, paragraph (a) is re­ tracting officer or otherwise successful vised to read as follows: 4. Present § 1002.407-9 is deleted and bidder. In such case, except as modi­ the following inserted, as follows: fied in subparagraphs (2) (ii) and (ill) § 1003.301 N a tu r e o f determinations and findings. § 1002.407—9 Protests against award. of this paragraph, and paragraph (e) of this section, the contracting officer on (a) Class determinations and findings (a) No implementation. his own responsibility, or after asking will normally authorize negotiation of (b) Protests before taward : (1) No im­ such advice as he may desire, may dis­ contracts during a single fiscal year. plementation. allow the protest. In such case, the con­ However, class determinations and find­ (2) No implementation, (i) If thetracting officer should reply to the pro­ ings may be signed prior to the beginning written protest is received by the con­ tester in writing making a timely and of the fiscal year for which requested and, tracting officer within the required time, complete answer to the allegations of the in that event, such determinations and he will investigate. It is the responsi­ protesting bidder. findings will authorize negotiation of bility of the contracting officer to decide, (ii) Where it is known that a protest contracts from the date of signing until whenever possible, with the concurrence against the making of an award has been the close of the fiscal year. Unless other­ or advice of the local staff judge advo­ lodged directly with the Comptroller wise specified by the official signing a cate, if necessary, whether the protest General, a determination by the con­ particular class determinations and find­ has any valid basis and to take appro­ tracting officer to make award under ings, it is not a prerequisite that the priate action on the protest. If his con­ § 2.407-9(b) (3) of this title must be ap­ contracts are awarded prior to the close clusion is affirmative, he will take nec­ proved by Hq USAF before the award is of the fiscal year cited in the class deter­ essary action to rectify the erroneous made. minations and findings. It is required action. If his conclusion is negative or (iii) Notices of intent to make awards that negotiations leading to the award if he deems it desirable to obtain the with appropriate justification will be fur­ of such contracts are instituted prior to views of higher authority, he will make nished to Hq USAF (AFSPPCA) for sub­ the close of such fiscal year, i.e., that the a written statement of his opinion in the mittal to the Comptroller General. A Requests for Proposals are issued and matter supported by copies of all perti­ copy of the notice of intent will be sent the resulting contracts are thereafter nent papers. Contracting officers at to AFLC (MCPP) or AFSC (SCKP), as awarded in a timely manner. In request­ activities other than AFSC activities will appropriate. Hq USAF will advise the ing class determinations and findings, submit the protest and statement to contracting officer forwarding the notice the supporting information will be as AFLC (MCPP) for decision. Contract­ of intent whether the determination to detailed as the supporting information ing officers at AFSC activities will submit make award prior to decision by the required for an individual determinations their protests to AFSC (SCKP) for deci­ Comptroller General is approved or dis­ and findings under the particular sectio sion. The letter of transmittal should approved. This notice will be made of the Act involved. In addition, tne be forwarded by the most expeditious through AFLC (MCPP) or AFSC principal items of CFE, as defined ana means and marked “Immediate Action— (SCKP), as appropriate. within the purview of AFR 70-9 (System Protest Before Award.” The protest re­ (c) Protests after award: All protests Procurement) to be developed w, port will include the following: after award will be processed to AFLC incorporated in the production and. 't (a) Copy of the IFB. (MCPP) or AFSC (SCKP) as appro­ by the contractor(s) will be itemized a (b) Copy of abstract of bids received. priate. The protest report will include explained. When the determinations (c) Copy of the low bid or copy of the the material listed in paragraph (b) (2) and findings covers a weapon or supp _ bid of the successful bidder to whom (i) of this section. system, the major subsystems only w award has been made or is proposed to (d) Except as modified in paragraph be itemized. When it covers a major be made. ; (e) of this section, the Director of Pro­ subsystem, the major CFE equipme

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 RULES AND REGULATIONS 13633 and components will be itemized. CFE (5) All other supplies provided theare amended; and in paragraph (e)(1) items which are not within the scope of procurement office schedules deliveries, the two symbols “BPA” are changed to the approved determinations and find­ (b) Upon receipt of the purchase re­“BDO.” As amended, paragraph (a) ings will be listed in the letter forward­ quest, the contracting officer will submit now reads as follows: ing the signed determinations and find­ a delivery order (DD Form 1155) to the § 1004.2402 Contracts for vehicle ings. contractor for the estimated require­ maintenance. ***** ments for the period covered. The de­ livery order will not itemize the items (a) General. The contracting officer 2. In § 1003.306(b), subparagraph (3) will select the type of contract which “Limitation” is redesignated as para­ listed on the contract, but will cite the appropriate accounting classification and will afford maximum competition from graph (c); and in paragraph (d) (3) a qualified sources. Blanket delivery or­ new sentence is added. "will contain a statement similar to the following: ders (BDO) will be issued according to Paragraph (d) (3) now read as follows: § 1003.608-50 of this subchapter when § 1003.306^, Procedure with respect to F o r ______products covered by Con­ indefinite delivery type contracts are tract No. ;l___ _ to be delivered during the determinations and findings. months o f ______as scheduled by the used. $ * * * * __i_____ officer. Aggregate monetary total * * * * * (d) * * * of all deliveries made against this delivery Subpart Y— Packing and Crating (3) The letter transmitting a determi­order shall not exceed $_____ unless au­ nations and findings to the Secretary is thorized in writing by the contracting Present § 1004.2502 is deleted and the an important document which will be officer. following inserted, as follows: responsive to the requirements imposed (c) The activity scheduling deliveries § 1004.2502 Placement of calls against by the individual determinations in­ set forth in the contract will maintain basic contract. volved. In addition, the letter of trans­ informal records against the delivery mittal will reference previous determina­ orders to insure that the designated The procedures established herein pro­ tions and findings, if any, authorizing monetary limitations are not exceeded. vide for placement of calls by an indi­ negotiation for the same item during the Orders will be placed in numerical se­ vidual located in the base procurement past 2 fiscal years and will state the re­ quence and recorded. The sequence of office, a person designated by a blanket quired contract placement date for the recording deliveries will run for the du­ delivery order, or a contracting officer current request. Review and approval ration of the BDO. located in the transportation office of determinations and findings will be (d) On the last day of the month the against a BDO established by the con­ handled by indorsement through • all requiring activity will prepare a con­ tracting officer (base procurement) for command levels. solidated receiving report (by line item a specified period in an estimated * * * * * of the contract) for all deliveries made amount. during the monthly period. Obligations (a) General: Individuals authorized Subpart F— Small Purchases will be recorded and reported in the to place calls, when in receipt of Special § 1003.605-2 [Deleted] month in which they are incurred. One Orders authorizing movement of house­ hold goods and citing funds, will assume 1. Section § 1003.605-2 is deleted. copy of each consolidated receiving re­ port prepared shall be furnished to com­ that funds have been committed for the 2. Present § 1003.605-3 is deleted and packing and crating requirement inci­ the following inserted: plete the files in the base procurement office. dent to the movement of the individual § 1003.605—3 Establishment of blanket (e) Requirements Contracts and De­ named in the Special Orders. purchase agreements. livery Orders for Commissary Resale (b) The person placing oral calls will (a) and (b) No implementation. items will coincide with the inventory establish a control record at the begin­ (c) The accounting and finance office date (e.g., 25th of each month) of the ning of each month indicating the call will be furnished information on obliga­ commissary. Items will be reported for number, name of individual for whom tion of funds by one of the following the month for which the consolidated re­ services are to be performed, date of methods: ceiving report is prepared. Delivery or­ placement of call, Special Order Num­ A copy of the call register showing der numbers should be taken from the ber, voucher number, date payment was the totals of the appropriations obligated register sufficiently in advance so as to made, amount and accumulated expend­ and signed by the contracting officer will come within the subsequent month’s itures. In no event will the sequence be furnished at the end of each month. business. of call numbers be interrupted. The (2) Where the procurement office uses (f) When it is desired to allow the accumulated expenditure will be brought DD Form 250, DD Form 1155, or informal requiring activity to schedule deliveries forward to the control record for the correspondence as a call document a copy of supplies not authorized in paragraph next month. At the end of each month of the document may be signed by the (a) of this section, request for approval the amount column should be totalled contracting officer and furnished daily with complete justification will be for­ for reporting purposes. warded to AFLC (MCPPL). (c) Calls will be numbered according or periodically during the month. to § 1003.605-3 (c) of this subchapter. 3. New § 1003.608-50 is added as (d) Prior to contacting the contractor follows: PART 1004— SPECIAL TYPES AND to place a call the individual authorized METHODS OF PROCUREMENTS to place calls will be furnished a copy of § 1003.608—50 ‘ Blanket delivery orders. the Special Order indicating the indi­ . ^A ket delivery orders (EDO) against Subpart A— Procurement of vidual for whom services are to be or­ “definite delivery contracts will be is­ Construction dered and a form letter in duplicate in­ sued monthly or prior to the beginning dicating date and place of pickup, esti­ of each fiscal quarter. In § 1004.150-4 the introductory para­ graph is revised as follows, and the last mated weight of household goods, special (a) The procedures set forth below markings, destination, and any other in­ PPly to: (l) Products listed in Supply undesignated paragraph is deleted. liuetms issued by the Defense Subsist- formation required incident to the serv­ § 1004.150—4 Criteria for use. ices to be performed. On receipt of the Supply Center. However, permis- The following procedures are author­ if n ?lus*' Pe obtained from the supplier above information, he will contact the specifically authorized by the Sup­ ized for use wherein the cognizant civil contractor, establish a firm pickup date, ply Bulletin. engineering office: and issue a call number from control ♦ * * * * lie*2! .Cornmissary requirements not records. This information will then be hsted in Supply Bulletins. Subpart X— Contract Vehicle placed on a duplicate copy of the form u! services of a recurring nature. Maintenance letter and returned to the transportation n . J M°tor vehicle and equipment re- officer who will'use this information . Psrts obtained from an on-base In § 1004.2402(a) the term “blanket when preparing the Standard Form 1034. tractor-operated vehicle parts store. purchase agreements” and the reference Tn addition the transportation officer will

No. 208----- 3 FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13634 RULES AND REGULATIONS keep the contracting officer informed of PART T 007— CONTRACT CLAUSES cited law and regulation and bid prices contractor performance on a daily basis should not include any element for this tax to assure contractor compliance. Subpart A— Clauses for Fixed- on such materials. (e) Wherever possible calls should be Price Supply Contracts The' contract will be awarded to bidders on the basis of the total of the amounts bid placed in the month in which services are §§ 1007.103-22; 1007.104-1007.104- applicable to material to be incorporated in­ to be performed. Services should be 28; 1007.105-5 [Deleted] to the structure or Improvement and the scheduled no more than 48 hours in amounts applicable to the performance of advance if call is placed during the last 1. Sections 1007.103-22, 1007.104 services and other obligations of the con­ 2 days of a month. through 1007.104-28 and 1007.105-5 are struction contract. (f) Payment for services rendered may deleted. 2. Section 1007.105 is amended by the (2) The following will be printed on be on a consolidated monthly basis or at the bid from (construction): more frequent intervals as determined deletion of the reference and now reads by the contracting officer. Payment as follows: Materials to be incorporated Into the structure or improvement vouchers should not reflect services per­ § 1007.105 Additional clauses. formed in more than 1 month. upon real estate______$____ The following instructions pertain to Services and other obligations of (g) The contractor’s invoices for serv­ construction contract______$____ ices will be directed to the transportation the use of such clauses. Total ______$____ officer who will place upon them a cer­ Subpart N— Special Clauses tificate of services rendered. The trans­ (3) The contract should include the portation officer will then periodically 1. In § 1007.4028(a), clause paragraph separate amounts and total price bid (normally at the end of each month) (c) (3) is revised to read as follows: and an additional general provision as follows: prepare Standard Form 1034 setting § 1007.4028 Estimated requirements. forth each call number, individual for This contract contains separate amounts whom services were performed, special (a) * * * applicable to the performance of the serv­ order number, the dollar amount, and Estimated Requirements (J anuary 1963) ices and the furnishing of materials as de­ fined in Article 20.01 (T) (2), Title 122A, citations of the various funds set forth * * • * * Revised Civil Statutes of Texas. in the special orders with the total (c) * * • The contractor has or will obtain a amount chargeable to each and add (3) When It is contemplated that a BDO Limited Sales, Excise or Use Tax Permit, as necessary special orders and vendors in­ will be used to place requirements against provided by Texas law and regulation. voices and forward them to the contract­ the contract, the third sentence of Para­ If the contractor awards any subcontract ing officer. The contracting officer will graph (b) may be changed to "Delivery of $10,000 or more under this contract, such then certify Standard Form 1034 and orders for supplies or services shall be issued subcontract (s) shall contain separate forward the entire package to account­ by the Contracting Officer in writing, dated amounts applicable to the performance of and numbered.” Subparagraph (ii) will be services and the furnishing of materials. ing and finance for payment. deleted. Notwithstanding any other provisions of (h) The transportation officer will be ***** this contract, the contract price does not responsible for performing technical as­ include any amount for Texas Limited sistance and for notifying the contract­ §§ 1007.4051; 1007.4063 [Deleted] Sales, Excise or Use Tax on materials to be ing officer of noncompliance with con­ 2. Sections 1007.4051 and 1007.4063 are incorporated by the contractor (or subcon­ tractual requirements. deleted. tractors in compliance with the above) into the structure or improvement of real estate. The Government agrees to furnish the con­ PART 1006— FOREIGN PURCHASES PART 1011— FEDERAL, STATE AND tractor, upon request, appropriate tax ex­ LOCAL TAXES emption certificates. In the event the con­ Subpart T— Offshore Procurement tractor is, required to bear the burden of Subpart C— State and Local Taxes excluded tax, by reason of failure to furnish In § 1006.2005, paragraph (c) is re­ exemption certificates, or otherwise, without vised to read as follows: Present § 1011.351 is deleted and the fault of the contractor, the contract price following inserted: § 1006.2005 Prohibitions. will be correspondingly increased. * * * * * § 1011.351 Texas sales and use tax— (4) Modifications of such contracts construction contracts. (c) Purchases from sources in the should, where appropriate, similarly in­ continental United States. With the ex­ (a) A construction contractor (or dicate separate amounts applicable to ception of the procurement activities subcontractor) may purchase materials such materials and for services and the listed in subparagraph (1) of this para­ exempt from Texas Limited Sales, Excise exclusion of subject tax. graph, contracting officers in oversea and Use Tax if his contract (or subcon­ tract) provides separate amounts ap­ commands, including United States pos­ PART 1013— GOVERNMENT sessions, will not normally effect base plicable to the performance of services procurement of supply items from and furnishing of the materials. PROPERTY sources within the continental' United (b) Instructions for preparation of Subpart F— Use of Government- construction contracts in Texas. States. However, BUSH (Buy United Owned Industrial Facilities on Work States Here) contracts may be effected (1) The following statements will be included in Invitations for Bids on fixed Other Than for a Military Depart­ with domestic as well as foreign sources; ment also, urgent requirements including price construction contracts to be per­ medical supplies, which are readily formed in Texas: New §§ 1013.608 and 1013.608-50 are available from domestic sources, may be The contract to be awarded will be a con­ added as follows: procured, provided these procurements struction contract which contains separate § 1013.608 Control of Government amounts applicable to the performance of property. are consistent with the Department of the services and the furnishing of the ma­ Defense balance of payments program. terials as defined in Article 20.01 (T) (2), Title It is provided in § 30.2, appendix B When supplies are not available for base 122A, Revised Civil Statutes of Texas, and paragraph 205.5 and § 30.3, appendix C, procurement from sources in the oversea Ruling No. 9, Comptroller of Public Ac­ paragraph 103.3 of this title, that prop­ counts. The bidder awarded the contract, erty to which the Government has area, and the purchase is not for an ur­ must obtain a Limited Sales, Excise and Use gent requirement procured from a Tax Permit as provided by Texas law. Ex­ acquired a lien or title solely as result CONUS source the procedures contained emption from Texas Limited Sales, Excise of partial, advance, or progress pay­ in paragraph 26, Chapter 8, Part One, and Use Tax for materials to be incorporated ments will not be controlled under the by the contractor (and his subcontractors) procedures of either Manual. Hie fore­ Volume I, AFM 67-1 will be followed. into the structure or improvement of real going means that for the purposes of * • * •' * * ’ ' estate must be secured under the terms of accounting, control, identification, etc.,

FEDERAL REGISTER, VOL, -30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 RULES AND REGULATIONS 13635 that süch property will not be subject to (c) Commanders and deputy com­have been completed and final payment the procedures established for Govern­ manders of air procurement regions made, (2) reconstruction of the prop­ ment property defined as Government- (AFRE and AFRFE) with power of re­ erty records in technical compliance with furnished or contractor-acquired. Noth­ delegation limited to a staff officer re­ § 30.2, appendix B and § 30.3, appendix C ing in the foregoing intends that the sponsible for procurement or contract of this title would serve no constructive Government’s title or''right of title to administration. purpose, and (3) it is determined, after such property is in any way lessened. (b) The C o m m a n d e r , AFSC, has investigation and documentation of the Accordingly, when a development under vested the authority contained in this inadequacies, that waiver of further ac­ the contract requires that action be section in the Deputy Chief of Staff, As­ counting and auditing action would be in taken to protect the Government’s in­ sociate Deputy Chief , of Staff and As­ the best interest of the Government. terests, the handling, disposition, etc., sistant Deputy Chief of Staff, Procure­ of such property will be subject to the ment and Production, Hq AFSC, with Subpart X— Facility Expansion provisions of the Default clause, Termi­ power of redelegation. The Deputy Procedure nation clause, or Special Tooling clause, Chief of Staff, Procurement and Produc­ Sections 1013.2403-1 and 1013.2403-2 as applicable. tion, Hq AFSC, has delegated authority are revised to read as follows: to (1) Control Government-owned in­ § 1013.608—50 Delegations of authority. dustrial property, including the correc­ § 1013.2403—1 Preliminary facilities ap­ The commanders, AFLC and AFSC, tion and adjustment of deficiencies and plication. have been delegated the authority to irregularities regarding the administra­ Preliminary applications are used to (a) Control Government-owned indus­ tion of such property, (2) grant excep­ establish early identification of addi­ trial property, including the correction tions, in individual instances according tional or replacement facilities require­ and adjustment of deficiencies and to § 1030.2, paragraph B-301 of this sub­ ments as an aid in planning and budget­ irregularities regarding the administra­ chapter, with respect to the policy that ing and for initiating facilities expansions tion of such property, grant devia­ contractor’s records be designated and in directed programs. Procuring activi­ tions, in individual cases, from estab­ used as official contract records, and ties will review current and projected lished policy with respect to record (3) appoint property administrators to programs under their respective sponsor­ requirements on such property, (e) the following: ship, When the requirement for addi­ appoint property administrators, and (i) Commander, Office of Aerospace tional or replacement facilities is indi­ (d) authorize multicontract cost and Research, with power of redelegation cated, including capital type rehabilita­ material control systems. This delega­ limited to the level of the staff officer tion (nonrecurring maintenance) of tion does not include authority to act responsible for procurement within the Government-owned plants, the contrac­ on policy matters relating to furnishing headquarters of the first echelon of com­ tors or prospective contractors will be Government-owned industrial property mand immediately subordinate to OAR. requested to furnish preliminary applica­ and the control thereof, except as spe­ (ii) Commanders and deputy com­ tions utilizing AFPI Form 16, Industrial cifically stated. manders of AFSC divisions. Facilities Program, prepared in accord­ (1) The Commander, AFLC, has (iii) Commanders and deputy com­ ance with AFPI Form 16A, Instructions vested the authority contained in this manders of contract management re­ for Preparation of AFPI Form 16, cover­ section in the Director and Deputy Di­ gions or the AF contract management ing their requirements by individual lo­ rector of Procurement and Production, division with power of redelegation lim­ cation and fiscal year for each project. Hq AFLC. The Director of Procurement ited to chiefs, contract management dis­ DD Form 1106, Plant Equipment Re­ and Production, Hq AFLC, has further tricts, test site offices, and AF plant rep­ placement Work Sheet, will be prepared delegated authority to (i) Control Gov­ resentatives. and included with each AFPI Form that ernment-owned industrial property, in­ (iv) Commanders and deputy com­ involves facilities replacement (modern­ cluding the correction and adjustment manders of AFSC centers. ization) requirements. The preliminary of deficiencies and irregularities regard- (c) Staff supervision and technical di­ application may lack complete descrip­ lug the administration of such property, rection over the authority in paragraphs tion of facilities: however, the informa­ <ü> grant exceptions, in individual in­ (a) and (b) of this section will be exer­ tion as submitted should provide reason­ stances, according to § 1030.2, paragraph cised by the following: able cost estimates. In cases of develop­ B-301 of this subchapter, with respect (1) The Field Operations Branch ment or other programs (RDT&E), and to the policy that contractor’s records (MCPKF), Hq AFLC, which will exer­ where the contractors are unknown, the will be designated and used as official cise staff supervision and technical di­ AF sponsoring activity will prepare and contract records, and (iii) appoint prop- rection over the control of Government- submit the AFPI Form 16 for their spe­ erty administrators, to the following, owned industrial property for all ele­ cific projects. AFPI Forms 16 will be subject to limitations set forth herein: ments of the Air Force, except AFSC submitted at the earliest practical date, (a) Commanders and vice command- and OAR. MCPKF’s responsibility rela­ but no later than August 1st of the year of major air commands (AFSC and tive to AFSC and OAR in this area is preceding the fiscal year in which the OAR with respect to base procurement limited to base procurement only. facilities are required to the cognizant t Power of redelegation limited MCPK is authorized to grant deviations contract administration activity. Fol­ to the level of a staff officer responsible from established policy in regard to rec­ lowing initial appraisal and correction of tor procurement within command head­ ord requirements and authorize multi­ any deficiencies, the contract adminis­ e r s and within the headquarters of contract cost and material control sys­ tration activity will submit AFPI Form 16 tne first echelon of command immedi­ tems (AFSC and OAR with respect to with appropriate recommendations to ately subordinate to a major command base procurement only). the cognizant AFSC division not later numbered Air Force Hq Transport Air (2) The Property and Plant Clearance than August 10th. One advance infor­ forces and Aeronautical Chart and In- Division (SCKAF), Hq AFSC, which will mation copy of the AFPI Form 16 will be onnation Center or comparable level). exercise staff supervision and technical forwarded direct to AFSC (SCKMI). j Commanders and deputy com­ direction over the control of Govern­ Formal applications will follow as soon as manders of AFLC field procurement ae- ment-owned industrial property within practicable. AFSC and OAR other than base pro­ Um'+j Power of redelegation § 1013.2403—2 Contractor’s formal ap­ umited to that authority cited in para- curement. SCKAP is authorized to plication for facilities. sta?» of this section to the grant deviations from established policy f. officer responsible for procurement in regard to records requirements and A separate formal application for Gov­ w *trs%provided &uch officer is not be- authorize multicontract cost and ma­ ernment provided facilities is required for level of tiie director of procure- terial control systems for AFSC and OAR each facilities project. The formal ap­ amn ?n(* Pro(hiction at the air materiel other than base procurement. plication consists of three documents: All *Yel> or equivalent organization. (d) The granting of deviations (Le., Industrial Facilities Program, AFPI ©obtained in paragraph (d) waiver of further accounting and audit­ Form 16; attachment to the AFPI Form «¡whi-Ii* (ni) of this section is not ing requirements) is limited to instances 16 providing information pertinent to Ject to further redelegation. where: (1) The contract(s) involved paragraphs (a) through (h) of this sec-

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13636 RULES AND REGULATIONS tion; and an appendix “A” prepared ac­ through (h) of this section plus the appendix (7) Is there bus service between the fa­ cording to instructions in § 1013.2404. “A”. cility and the various localities in which present and future employees live? Note: Where AFPI Form 16 has been fur­ (a) Financial progress. Provide a 5- nished as a preliminary facilities application, year summary of the contractor’s finan­ (ii) If not can such service be ar­ formal application for facilities will provide cial progress as follows, by company ranged during the hours when the shifts only that data applicable to paragraphs (a) division, if appropriate: are changing? (8) List any manpower problems an­ Net com­ ticipated in the performance of this Dividends Invested in Depreciation pany-owned Retained contract not covered above: Year Net profit paid facilities charged facilities income after depre­ ciation io«n______. (f) Informatiçn concerning screening m i of existing facilities (as applicable to this MB2 1063 _ ...... project). (1) Have lists of available re­ 1064 ...... serve plants of all three departments been screened? Identify and give brief ex­ planation for rejection of facilities which (b) Subcontracting. Percentage of (1) Floor space in existing buildings appear to be suitable. subcontracting planned by dollar amount (on location pertaining to this expan­ (2) Have production equipment inven­ and/or percent of total effort. Justify sion) broken down into productive and tories been screened? reasons for not "subcontracting additional nonproductive areas by the following (3) Have non-stock-listed inventories items. To the degree possible, identify categories: AF owned, privately owned, been screened? subcontractors and items to be subcon­ and leased. (4) With respect to test facilities, are tracted. If facilities are anticipated for (2) Portion of the above space now Government-owned facilities available, subcontractors, identify. devoted to aerospace production broken and if so, why are they not being used? (c) Complete facility. Does the pro­ down in the same categories. (5) Can production be effected in posal constitute a complete facility? If (3) The floor space in addition to that Government-owned—Government-oper­ currently devoted to aerospace produc­ ated facilities, e.g., arsenals, shipyards, not, what elements are not included, and tion to be used for the proposed expan­ how will they be provided? or rehabilitated facilities, except for pro­ sion, broken down in the same categories. duction for inventory. (d) Information concerning floor Indicate proposed method of acquisition space. If additional floor space will be (g) Facilities clause. Where appli­ of additional floor space required to sup­ cable, quote the facilities clause in the required for the proposed expansion, the port this proposal. procurement (end item) contract which following information should be pro­ (e) Information concerning labor (asrefers to the facilities to be provided. vided: applicable to this project) . (1)— Also give procurement contract number and date effected or anticipated date of I n in IV procurement contract coverage. Direct Direct Total (h) Royalties charge data. Applica­ employment employment Indirect employment tions for facilities which contemplate an (military (nonmilitary employment (Col I+II+ expenditure estimated to be in excess of contracts) contracts) III) $10,000 and the payment of a royalty charge in excess of $250 will contain the (ii) Additional planned employment for previous sub­ xxxxx information required by § 9.110(a) (2) (i) mitted expansion proposals (approved or pending).> of this title. All facilities applications (ill) Additional planned employment (new hires) as a X X X X X . of an estimated cost in excess of $10,000 result of this expansion proposal.1 (iv) Additional estimated employment needed to meet XX X XX for which royalties aré estimated at less scheduled peak requirements on nonmilitary produc­ than $250 will contain a statement of tion. (v) Total planning employment (items A+B+C+D).. that fact. In applying this provision (vi) Maximum employment which could be utilized only royalties to be reimbursed under the effectively on a 1-shift operation. facilities contract or other contract un­ der which the facilities are to be pro­ i This figure is a net increase in employment. It includes only newly recruited employees. It excludes training and upgrading of unskilled and semiskilled workers presently employed and presently employed workers made vided will be considered. available for military production through “phasing out” projects or through intraplant rearrangements. Subpart Y— In d u strial Real Prop- (2 ) (i) On what date will planned peak employment be attained under this erty— Construction, Rehabilitation, proposed facilities expansion? Modification and Alteration (ii) On what date will planned total peak employment on nonmilitary produc­ tion be attained? Sections 1013.2501(c), 1013.2502(k), (3) List below additional (new hires) special technical or skilled personnel1 1013.2503 (a) and (h), 1013.2504 and required for: 1013.2504-1 are revised to read as fol­ lows: Full utilization of Full utilization of Maximum employ­ 1013.2501 Applicability of subpart. present and pre­ --- present and ments as a result Job title viously authorized planned facilities „ of facilities re­ ♦ * ♦ * * facilities on mili­ on nonmilitary quested in this tary production production proposal (c) Under the surveillance of Deputy îiief of Staff, Systems and Logistics, [q USAF, AFSC is responsible¡for w* ver-all management of the AF inaus- rial facilities programs. The, (iff) If new construction is necessary, rial Facilities and Property Administ. (4) (i) Estimated number of workers ion Division (SCKMI), Hq AFSC, Js required who must be recruited outside estimate the number of units which must esponsible office. The industrial fa of the local labor market. be constructed. les activity of the AFSC division (ii) Are local housing and rental units (5) What are the conditions of access available at reasonable rates for the nec­ roads to the plant and to the surround­ essary in-migration? § 1013.2502 Definitions. ing communities from which labor will * * * * * be drawn? Evalua- 1 Includes only workers In hard-to-recruit (k) Technical supervision: categories such as engineers, tool and die (6) What is the normal commuting specifica- makers, etc. range to your plant? tion, approval of plans and

FEDERAL REGISTER, VOL. 30, NO. 208—WEDNESDAY, OCTOBER 27, 19Ó5 RULES AND REGULATIONS 138*7? tions, supervisión and inspection of ex­ 3. In 1 1013.2504-3 paragraphs (b) § 1313.2506 Reports.: pansions, changes, or alterations of any (15), (c>, and (d) have been amended AP industrial property operated by a and now read as follows: (c) * * * contractor under a facilities contract, § 1013.2504—3 Major projects. will be the responsibility of the facilities (1) * *.• contracting officer. Arrangements for (viii) Design and specifications. technical assistance in reviewing facility ) Facilities contracting officer ap­ facilities contracting officer, when appro­ Two bound ozalid copies with the proj­ ect identification and number on the proval - ___ - ___ _ (date). priate, with local AP laboratories, offices * * * * * of the judge advocate and civil engineer, binding, will be forwarded to the cog­ nizant division. The division will per­ N ote: * * * BOB approval 21-R-138 is or any other available DOD technical assigned to this report. service or agency. form engineering and cost evaluations of the proposal. One marked copy will § 1013.2503 General provisions.. be returned, through channels, to the PART 1016—PROCUREMENT FORMS (a) All Government-owned real prop­contractor with technical review com­ erty operated by a contractor under a ments which will Include authorization Subparf E— Special Contract and separate facilities contract will receive from the facilities contracting officer to Order Forms over-all program management from the proceed with the third phase. industrial facilities organization of the (c) * * * §§ 1016.505-1016.505-51 [Deleted) APSC division. The cognizant facilities Approved by: Sections 1016.505 through 1016.505-51 contracting officer will insure that proper are deleted. and adequate contractual coverage, ade­ (Air Force supervising engineer—cognizant quate and effective engineering super­ division) PART 1017— EXTRAORDINARY CON­ vision is provided, and that the neces­ sary coordination of projects within the Approved toy: TRACTUAL ACTIONS TO FACILI­ Department of Defense is obtained from TATE THE NATIONAL DEFENSE Hq USAP through APSC (SCKMI) (Air Force facilities contracting officer— when required, according to current reg­ cognizant division) Subpart B— Requests for Contractual ulations and directives. Adjustment ♦ * * * * * * * ... * * (d) Fourth pha se —construction. 1. In § 1017.203, paragraphs (a) and (h) Construction and rehabilitation Change orders issued by the contractor (b) are revised and § 1017.205-2 is re­ requirements will be included in the in­ during construction affecting previously vised, as follows; and in § 1017.205 the dustrial facilities program and will be approved plans and specifications will be text is deleted. submitted in accordance with § 1013.2403 reviewed by the cognizant division as of this part as amended. § 1017.203 Authority of other officers they occur, and if authorized, will be and officials. § 1013.2504 Minor or major projects. approved by the appropriate facilities contracting officer to whom the facilities * * * * * After review of the industrial facilities contract is assigned. (a) The Commander, AFLC, has re­ program by the division, proposed con­ delegated his authority to the Director struction and/or rehabilitation projects 4. In § 1013.2505, the first sentence of of Procurement and Production and to will be designated “ minor” or “major,” the introductory portion of paragraph the Deputy Director of Procurement and and an appropriate assignment number (e) has been amended, and a new sub­ Production, Hq AFLC. will be affixed to each major project. section (3) has been added to the certi­ (b) The Commander, AFSC, has re­ Should cognizance of the contract under fication hi subparagraph (IXvi) of delegated his authority to the Deputy which a construction or rehabilitation paragraph (e). As amended these por­ Chief of Staff, Procurement And Produc­ project is covered be reassigned from tions now read as follows: tion, to the Director of Procurement, and ttie initiating division to another divi- while he is so acting as the Director of sjon, the management responsibility for § 1013.2505 Inspection and acceptance. * ; * * * * , “Procurement, to the Deputy Director of the project changes with the contract. Procurement, Hq AFSC. However, the (e) At the time of completion of con­ Commanders, AFSC and AFLC have § 1013.2504—1 Capital type rehabilita­ struction a physical Inspection of the tio n (nonrecurring maintenance). Agreed that requests for contractual ad- project will take place. Deficiencies in : justment arising under contracts of the All requirements for nonrecurring portions of the construction work re­ Air Force Systems Command will be maintenance (CTR) will be included in quired by the contract or lack of specific treated in the same manner as requests the industrial facilities program and will items of equipment need not necessarily under paragraph (c) of this section. Je submitted according to § 1013.2403 of delay the transfer of usable new con­ |jns part. The expected future usage of struction. The completed work for all the real property concerned and the ne- major construction projects will be doc­ § 1017.205—2 Additional lim itation# ccssity for protection of Government umented by thé prime contractor and the upon authority below Secretarial Property will be major factors in de­ certification and acceptance will be evi­ level. velopment and approval of such projects. denced by a receipt containing the fol­ In addition to the limitations in hM Í*1 § 1013.2504-2 the last sentence lowing summary data: § 17.205-2 of this title, officers and offi­ “ f, been amended. This ¡section -now (1) * * * . cials below the Secretarial level will not reads as follows: (vi) Certification: approve contractors’ requests, regardless § 1013.2504-2 Minor projects. * * * * * of dollar amount, if implementation of Accepted by: the approval would require action at the mlnor projects will not be Secretarial level; for example, if a de­ fa“ 1“ a project number. In such * * * * * building codes will be com- (3) (Air Force Facilities Contractingtermination and findings under 5 U.S.C. fLo« as a matter of policy. In Officer.) 55a (P.L. 600, 70th Cong., as amended by or ftf r®?uir*ng close technical support, P.L. 86-370, 86th Cong.) would be re­ _ oordmation under interservice agree- 5. In § 1013.2506(c), subparagraph (1) quired. Such requests may be denied acJl!“ .? minor Project number will be (viii) (b) and the last sentence of the of submitted to the Air Force Contract namrin-e

FEDERAL REGISTER, VOL. 30, NO. 203— WEDNESDAY, OCTOBER 27Í 1-965 13638 RULES AND REGULATIONS

PART 1053— CONTRACTS; GENERAL (4) AH aircraft (paragraph (a) (1) of Subpart C— Training this section) procured for the Army re­ Sec. Subpart D— Administrative gardless of procuring agency. 151.25 Eligible parties. Requirements 151.26 Training grants. (Sec. 8012, 70A stat. 488, secs. 2301-2314, 70A 151.27 Stipends and allowances. §§ 1053.406-1053.406-6 [Deleted] stat. 127-133, 10 TJ.S.C. 8012, 2301-2314) [APPI Rev. Nos. 56, July 29,1965 and 57, Aug. Subpart D— National and Regional Research Sections 1053.406 through 1053.406-6 31, 1965. AFPC Nos. 24, Aug. 17, 1965; 27, Facilities are deleted. Aug. 27, 1965; 30, Sept. 7, 1965; 31, Sept. 9, 151.28 Eligible parties. 1965; 32, Sept. 10, 1965; 33, Sept. 14, 1965; 34, 151.29 Assurances. PART 1054— CONTRACT Sept. 15,1965] 151.30 Fixed price contracts and competi­ By order of the Secretary of the Air tive bidding. ADMINISTRATION 151.31 Contract performance bonds. Force. 151.32 Davis-Bacon Act. Subpart O— Preparation and Issu­ F rederick A. R yker, 151.33 Antikickback. ance of Shipping Instructions Lieutenant Colonel, U.S. Air 151.34 Equal employment opportunity. Force, Chief, Special Activities 151.35 Conflict of interest. In § 1054.1502(b), subparagraphs (2) Group, Office of The Judge 151.36 Commissioner’s approval. and (3) are revised to read as follows: Advocate General, 151.37 Initiation of construction. § 1054.1502 Application. 151.38 Construction supervisioni [P.R. Doc. 65-11488; Filed, Oct. 26, 1965; 151.39 Change requests. * * * * * 8:45 a.m.] 151.40 Inspection. (b) * * * 151.41 Warranty period. (2) Shipping instructions for base 151.42 Progress reports. procurement as defined in § 1001.201-54 151.43 Payment'schedule. Title 45— PUBLIC WELFARE 151.44 Excess payments. of this subchapter. 151.45 Transfer of title. ( 3 ) Shipping instructions for complete Chapter I— Office of Education, De­ 151.46 Competitive equipment bids. aircraft, target drones, and missiles (ex­ partment of Health, Education, and 151.47-^ Determination of equipment. cluding guided aircraft rockets) in Fed­ Welfare Authority: The provisions of this Part eral Supply Class 1410, 1510, and 1550 151 are promulgated under the authority oi will be issued by the Aerospace Vehicles PART 151— FEDERAL FINANCIAL AS­ 5 U.S.C. 22. Interprets or applies 20 U.S.C. Distribution Office (SGLA), Directorate 331 et seq. of Air Force Support, Hq AFLC, directly SISTANCE FOR RESEARCH AND RE­ to the plant representative or contract SEARCH RELATED ACTIVITIES IN Subpart A— General Provisions THE FIELD OF EDUCATION AND management office. § 151.1 Scope and purpose. * ♦ * * * FOR CONSTRUCTION OF NA­ TIONAL AND REGIONAL RESEARCH The rules and regulations in this part govern programs of Federal financial PART 1057-— REPORTS FACILITIES assistance by the U.S. Commissioner of Part 151 establishes rules and regula­ Education for the conduct of research, Subpart C— System s of Assigning tions for the administration of research research related activities, and the con­ and Reporting Aircraft, Guided and research related activities under the struction of national and regional re­ Missile, Ballistic Missile and Tar­ Cooperative Research Act, P.L. 83-531, search facilities pursuant to the provi­ get Drone Serial Numbers 68 stat. 533, 20 U.S.C. 331-332b, as sions of the Cooperative Research Act, amended by P.L. 89-10,79 Stat. 27. P.L. 83-531. These programs of financial Section 1057.302 is revised to read as Grants made and contracts executed assistance may include grants and con­ follows: pursuant to the regulations set forth be­ tracts with eligible parties under the § 1057.302 Requirements. low are subject to the regulations In 45 Cooperative Research Act. (a) AF serial numbers will be assigned CFR Part 80, issued by the Secretary of § 151.2 Definitions. Health, Education, and Welfare, and (under the conditions defined in para­ As used in this part : graph (b) of this section) to: approved by the President, to effectuate the provisions of section 601 of the Civil (a) “Act” means the Cooperative Re­ (1) Aircraft (production and experi­ search Act (P.L. 83-531), 20 U.S.C. 331. mental models). Rights Act of 1964 (Public Law 88-352). Part 151 reads as follows: (b) “Applicant” means an eligible (2) Target drones (production and ex­ party seeking Federal financial assistance perimental models). Subpart A— General Provisions under the Act and this part. (3) Missiles (including boosters). Sec. (c) “Colleges and Universities” means (4) Space vehicles (including boost­ 151.1 Scope and purpose. institutions of higher education award­ ers) . 151.2 Definitions. ing a bachelor’s or higher degree or (b) AF serial numbers will be assigned offering not less than a two year program to above items under the following Subpart B— Grants and Contracts acceptable for credit toward such a conditions: 151.3 Eligible parties. degree, accredited or approved by a na­ (1) All items under paragraph (a) of 151.4 Applications for grant.' tionally recognized accrediting agency this section procured for AF use regard­ 151.5 Priorities. by a State Department of Education, by less of procuring agency. 151 >6 Advice and recommendations on ap­ a State university, or such institutions (2) All items in paragraph (a) of this plications. > 151.7 Criteria. operating under public control. Tins section procured on AF contracts for 151.8 Approval of applications. definition shall include but not be limitea Mutual Security Program, Military As­ 151.9 Amount of grant. to institutions known as “Junior Col­ sistance Program, Mutual Security Mili­ 151.10 Acceptance of grant. leges,” “Community Colleges,” and vo­ tary Sales, Navy program and any other 151.11 Revocation of grant. cational or Technical Colleges” wher aircraft not covered in these programs 151.12 Termination of grant. these meet the above requirements. for which the AF has support respon­ 151.13 Grant payment procedures. (d) “Commissioner” means the Uniw sibilities. (In the case of the Navy pro­ 151.14 Allowable costs. 151.15 Effect of payments. States Commissioner of Education. gram, the AF serial number will be for 151.16 Estimates and reports. (e) “Construction and cost of co administrative purposes only and must be 151.17 Interest on Federal grants. struction” m eans: , cross-referenced with the Navy serial 151.18 Records. (1) th e construction of new build)s number.) 151.19 Copyrights and patents. and the expansion, remodeling. . (3) To flyable static test articles for 151.20 Title to equipment. alteration of existing buildings, me _ 151.21 Contracts. convenience only and will be cancelled 151.22 Subcontracts. ■_ ' ing architects’ fees, but not including upon arrival of the articles for static 151.23 Animal care. cost of acquisition of land or on- tests. .151.24 > Transferii i m of I funds. i s improvements, and

FEDERAL REGISTER, VOL. 30, NO.. 208— WEDNESDAY, OCTOBER 27, 1965 ANB’ HEOW.ATIONS

(2) equipping new buildings and exist­ (r) “Training staff” means persons §" 151.7 Criteria. ing buildings, whether or not expanded, whose duties are related to the prepara­ In addition to whatever other criteria remodeled, or altered. tion of other persons to engage in re­ may be specified with regard to a par­ (f) “Curricular capability” means search and research related activities in ticular program or project all applica­ programs, courses, activities and ma­ the field of education. tions will be evaluated on the basis of terials required to provide training in the following criteria: research and research related activities Subpart B— Grants and Contracts (a) The soundness of program or in the field of education. § 151.3 Eligible parties. project plan; (g) “Dependent” means an individual (b) The likelihood of securing pro­ receiving more than one-half his support Except as otherwise specifically pro­ ductive results; from a trainee (1) who is that trainee’s vided in this part, an eligible party is a (c) The adequacy of resources to con­ spouse, child (including step-child), university or college or other public or duct the proposed program or project; parent (including stepparent or parent- private agency, institution, or organiza­ and in-law) or (2) for whose support the tion, and an individual, provided that (d) The relationship of the proposed trainee is legally responsible. no private agency, organization, or in­ program or project to other similar pro­ (h) “Equipment” includes, in addi­ stitution other than a nonprofit one may grams or projects already completed or tion to machinery, utilities, and built-in receive a grant. in progress. equipment, and any necessary enclosures or structures to house them, all other § 151.4 Applications for grant. §151.8 Approval of applications. equipment necessary for the operation of An application for a grant of Federal After consideration of any application the particular type of research or re­ financial assistance under this part must and the advice and recommendations of search related activities to be provided be filed with the Commissioner by the appropriate specialists as set forth in by a facility, but does not include con­ applicant and shall be executed by the § 151.7 above, the Commissioner may sumable supplies., applicant or an official or representative approve or deny the application, or he (i) “Facility” means one or more of tine applicant duly authorized to make may approve the application subject to structures in one or more locations, con­ such application. The application shall conditions he deem s necessary or structed or to be constructed pursuant to contain such information as the Com­ desirable. section A of the Act and this part. missioner may require for any program (j) “Fiscal year” means the period under this part and shall provide any § 151.9 Amount of grant. beginning on the first day of July and assurances which may be required. The ending on the following June 30. - (The The Commissioner may approve any Commissioner may require an applicant application for the full amount of the calendar year of the ending date is used to file such additional information, docu­ grant requested, or for such lesser or to designate the fiscal year.) ments, written statements, justification greater amount as he may deem neces­ (k) “Nonprofit” as applied to any and exhibits as he may deem necessary. agency, organization, or institution sary or desirable for the completion of Where he deems it necessary or desirable the approved program or project. means an agency, organization, or in­ for the efficient administration of a par­ stitution owned and operated by one or ticular program, the Commissioner may § 151.10 Acceptance of grant. more nonprofit corporations or associa­ require the applicant to submit a pre­ tions no part of the net earnings of which liminary proposal for review and ap­ In each case where an application shall inures, or may lawfully inure, to the proval prior to the acceptance of the be approved by the Commissioner, he benefit of any private shareholder or application required for any program. shall notify the applicant in writing of individual. The Commissioner may also establish such approval and the conditions im­ (l) “Program plan” includes in the and announce “cut-off” dates for the posed on the grant, if any. Hie appli­ case of national and regional laboratories filing of applications for any program cant shall Inform the Commissioner of the soundness of organizational structure where he deems it necessary for the effi­ its acceptance of the grant within 30 and extent of involvement of both in­ cient administration of the particular days of receipt of the Commissioner’s stitutions of higher education and local program. notice of application approval and the school systems throughout the Nation grant shall not be effective until receipt or region. < § 151.5 Priorities. of the applicant’s acceptance by the (m) “Research and research related Commissioner. Failure to accept the activities” means research, research (a) Except as otherwise specified, ap­ grant within this period will permit the training, surveys, or demonstrations in plication for each program will be con­ Commissioner to rescind the grant with­ the field of education, or the dissemina­ sidered as nearly as possible in the order out further notice to the applicant. tion of information derived therefrom, in which they are received by the or all of such activities, including (but Commissioner. § 151.11 Revocation of grant. not limited to) experimental schools, ex­ (b) The Commissioner may at any (a) Any effective grant may be re­ cept that such term does not include time: voked by the Commissioner on any of any such activities in the field of (1) Defer action on any application or on groups of applications; the following grounds: sectarian instruction, (2) Institute priorities for the con­ (1) Failure of the grantee to com* in) “Secretary” means the Secretary mence the approved program or project of Health, Education, and Welfare. sideration and approval of applications, if in his judgment the funds available within a reasonable period of time. (o) “Site” means any location or loca­ (2) Failure of the grantee, in a non­ tions on which a facility is constructed are not or may not be sufficient to cover continuing type of program or project, to or to be constructed pursuant to section the amounts requested in applications complete the program or project within A of the Act and this part. then pending, or if he determines that such action is necessary to promote or a reasonable period of time. (P) “State” means, in addition to the (3) Failure of the grantee to use Fed­ several States of the Union, the Com­ otherwise achieve the objectives of the Act and this part. eral funds for the purposes for which monwealth of Puerto Rico, the District granted. . of Columbia, Guam, American Samoa, § 151.6 Advice and recommendations on (4) Failure to comply with any grant and the Virgin Islands. applications. requirement or condition or any require­ . (q) “State educational agency” means ment of State or Federal law. the State board of education or other The Commissioner will, prior to the (b) If an effective grant is revoked agency or officer primarily responsible approval of any application under sec­ pursuant to this part, the Commissioner for the State’s supervision of public ele- tion 2(a) of the Act, obtain and con­ will pay no further Federal funds to the mentary and secondary schools, or, if sider the advice and recommendations grantee Under that grant and may take there is no such officer or agency, an offi­ of a panel of competent specialists who whatever steps he deems necessary or cer or agency designated by the governor are not employees of the Federal desirable to protect the Federal financial or by State law. Government. interest.

FEDERAL REGISTER, VOL, 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13640 RULES AND REGULATIONS

§151.12 Termination of grant. of interest earned on Federal funds dur­ part C of this part. Such contracts may (a) Any effective grant may be termi­ ing that fiscal year. Ordinarily such include whatever provisions may be nated by the Commissioner where he interest earnings will be considered as a deemed necessary or desirable for the determines that the program or project set-off against amounts due the grantee achievement of the purposes of the Act. from grant funds; but for the last year is no longer susceptible of productive § 151.22 Subcontracts. results. or part of the last year of the program (b) Where action is taken under this or project, payment of interest shall be The Commissioner may authorize at section, the Commissioner may authorize made by the grantee to the Commis­ the time of grant award or execution of the expenditure of Federal funds in such sioner. a contract, or subsequently, subcontract­ amounts as he may deem necessary for § 151.18. Records. ing arrangements in connection with a the purposes of terminating the program program or project where he determines or project financed by the grant which (a) The grantee shall provide for that such subcontracts will not be in-" is being terminated. keeping separate, intact, and accessible consistent with the objectives of the and will make available to the Commis­ program or project, applicable provisions §151.13 Grant payment procedures. sioner on request, all records supporting of the Act and this part, or other appli­ Payments of grants will be made from claims under Federal grants or relating cable Federal requirements. to the accountability for Federal funds: time to time in such amounts as may be § 151.23 Animal care. determined by the Commissioner to be (1) For three years after the close of needed to reimburse grantees for costs the fiscal year in which an expenditure In any program or project financed in incurred or to be incurred in carrying was made; whole or in part with Federal funds out of the approved program or project. (2) Until the grantee is notified that where research animals are utilized, ev­ Such amounts will be determined on the such records are not needed for program ery precaution to assure proper care and basis of requests for reimbursement sub­ administration review; or humane treatment of research animals mitted by grantees, cost estimates which (3) Until the grantee is notified of the shall be taken. may have been submitted, and such other completion of the financial audit, which­ § 151.24 Transfer of funds. information as the Commissioner may ever is later. request or have available. For payment (b) Records involved in any claim or The Commissioner may, with the ap­ procedures with regard to construction expenditure which has been questioned proval of the Secretary, transfer funds programs or projects, see § 151.44. by the Commissioner shall be main­ appropriated under the Act to any other tained until necessary adjustments have Federal agency for use by that agency § 151.14 Allowable costs. been reviewed and cleared by the Com­ for purposes for which the Commis­ Allowable costs for any approved pro­ missioner. sioner could expend such funds under gram or project shall be determined in (c) Where non-consumable equipment section 2 of the Act. Such a transfer accordance with, and governed by, the costing $250 or more per unit is pirn- will be made in accordance with an principles and procedures set forth in chased in whole or in part, with Fed­ agreement between the Commissioner Bureau of Budget Circular No. A21 or eral funds, the grantee shall maintain and the transferee agency and the trans­ such other Federal requirements con­ inventories and other records support­ ferred funds may be used by the agency cerning cost determination that may be ing accountability for such equipment alone, or in combination with its own applicable. until grantee is notified of the comple­ funds. The Commissioner may also ac­ tion of the Department’s review and cept and expend funds transferred from § 151.15 Effect of payments. audit covering the disposition of such any other Federal agency for the pur­ Neither the approval of any applica­ equipment. poses stated in section 2 of the Act. tion or administrative budget nor any payment to a grantee shall be deemed to § 151.19 Copyrights and patents. Subpart C— Training waive the right or duty of the Commis­ The acquisition of copyrights and/or § 151.25 Eligible parties. sioner to withhold funds by reason of the patents for any materials produced in failure of the grantee to observe, before whole or in part, with Federal funds pro­ Only public and private nonprofit uni­ or after such administrative action, any vided by a grant under the Act and this versities and colleges and public and Federal requirement. part shall be governed by the policy of private nonprofit agencies, institutions the Office of Education in effect at the and organizations are eligible parties § 151.16 Estimates and reports. time the grant is awarded. In the case of under this subpart. An applicant or grantee may be re­ programs or projects which will be con­ quired to submit, in addition to any other ducted beyond the fiscal year following § 151.26 Training grants. requirements of this part, in accordance the fiscal year in which the grant is Grants may be made by the Commis­ with procedures established by the Com­ awarded, the grantee’s acceptance of any sioner pursuant to section 2(b) of the missioner: change in the copyright or patent policy Act and this subpart to eligible parties (1) A description of activities to be of the Office may be required by the Com­ for the purposes of developing and carried on during the fiscal year; missioner as a condition precedent to strengthening their training staffs and (2) A statement of estimated total ex­ continued financial support under the curricular capabilities for such training. penditures for activities to be carried grant. All contracts entered into under The Commissioner may authorize the use on during the fiscal year, and where es­ the Act and this part shall contain a of such grants for the purpose of timated amounts exceed the amount of provision incorporating the substance of establishing and maintaining research available Federal funds, the availability this section. traineeships, internships, personnel ex­ of other funds to pay the non-Federal changes, and pre- and post-doctoral fel­ share of estimated costs; § 151.20 Title to equipment. lowships. Where the grantee is a (3) A report of total expenditures The Commissioner may, where he State educational agency, it may provide made during the fiscal year at the end deems such action necessary or desirable such programs directly, or through ar­ of the fiscal year; and for the achievement of the purposes of rangements with public or other non­ (4) Such other estimates and reports the Act or this part, transfer title to any profit agencies, institutions, or orgaI\1‘ as the Commissioner may deem neces­ equipment owned by the Government to zations. No training grant will be maa sary to account properly for Federal the grantee or other appropriate eligible for training in sectarian instruction funds. party. for work to be done in an institution, or department or branch of an institutio » §151.17 Interest on Federal grants. § 151.21 Contracts. whose program is specifically for V Interest earned on grants made un­ In lieu of a grant under this part, the education of students to prepare tn der this part shall be credited to the Commissioner may enter into a contract to become ministers of religion or United States. The grantee shall sub­ with any eligible party for the conduct enter upon some other religious vocat . mit as a part of any annual financial of a program or project except for a or to prepare them to teach theolog report a statement showing the amount training program or project under Sub­ subjects.

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 RULES AND REGULATIONS

§ 151.27 Stipends and allowances. sioner will be obtained before awarding § 151.36 Commissioner’s approval. In connection with training grants a construction contract. Approval of the final working draw­ made under the Act and this Subpart, § 151.31 Contract performance bonds. ings and specifications will be obtained the Commissioner may authorize the The grantee shall require the con­ from the Commissioner before the con­ payment of stipends and allowances (in­ tractor to furnish performance and pay­ struction covered by the application is cluding but not limited to allowances ment bonds each of which shall be in the advertised or placed on the market for for travel, dependents, and institutional full amount of the contract price, and bidding. allowances) in such amounts as he shall shall itself, or require the contractor to § 151.37 Initiation of construction. determine to be appropriate for a par­ maintain during the life of the contract ticular training program. If the application for a construction adequate fire, workmen’s compensation, grant is approved, the construction fi­ Subpari D— National and Regional public liability and property damage in­ nanced in whole or in part by the con­ Research Facilities surance (unless applicant furnishes evi­ struction grant will be commenced with­ dence of such other acceptable arrange- in six months from date of acceptance § 151.28 Eligible parties. . ments for any and all such insurance). of the construction grant by the appli­ Only a college or university or a public § 151.32 Davis-Bacon Act. cant provided that a longer period for or private nonprofit agency, institution, commencement of construction may be or organization, or any combination of The grantee shall comply with the re­ approved by the Commissioner for good these, competent to engage in the na­ quirements of the Davis-Bacon Act and cause shown. tional or régional research related activi­ shall include the following in its con­ ties for which a facility is to be con­ struction contracts or subcontracts sup­ § 151.38 Construction supervision. structed pursuant to the Act and this ported in whole or in part by Federal The grantee shall be responsible for subpart is an eligible party under this funds: on-site supervision of the construction subpart. (c) All laborers and mechanics employed project and compliance with all appli­ by contractors or subcontractors in the per­ cable Federal, State, and local laws. § 151.29 Assurances. formance of work on construction of any Architectural or engineering supervision As a condition to the approval of a project under this section shall be paid wages and inspection will be provided for by construction grant* the applicant shall at rates not less than those prevailing on sim ilar construction in the locality as deter­ the grantee at the construction site to in­ furnish an assurance acceptable to the mined by the Secretary of Labor in^accord- sure that the completed work conforms Commissioner that: ance with the Davis-Bacon Act, as amended with the approved plans and specifica­ (a) The applicant has the necessary (40 U.S.C. 276a-276a-5). The Secretary of tions, and “as built” drawing will be legal authority to apply for and receive Labor shall have, with respect to the labor made available to the Commissioner a construction grant and to construct, standards specified in this clause, the au­ upon completion of the project. maintain, and operate the proposed thority and functions set forth in Reorgani­ facility in accordance with the provisions zation Plan Numbered 14 of 1950 (15 P.R. § 151.39 Change requests. 3170; 5 U.S.C. 133z-15); and section 2 of the of the Act and this part. Act of June 13, 1934, as amended (40 U.S.C. Any time prior to completion of con­ (b) The applicant has or will have a 276c). struction a grantee desires to make fee simple or such other estate or interest changes in the project which will affect in the proposed facility site, including § 151.33 Antikickback. the nature or scope of the project he access thereto, sufficient in the opinion The grantee shall comply with the shall inform the Commissioner in writing of the Commissioner to assure undis­ Copeland Act, and shall include the fol­ of such proposed change and no such turbed use and possession for the pur- lowing in its construction contracts sup­ change shall be made without prior ap­ Pose bf construction and operation of ported in whole or in part by Federal proval of the Commissioner who may the proposed facility for a period of not funds, make such adjustments, arrangements less than fifty years from the date of The Contractor will comply with the reg­ or conditions as he deems necessary or acceptance of the award. desirable. (c) The applicant has on hand, or is ulations applicable to contractors and sub­ contractors (29 CFR Part 3, copy of which is § 151.40 Inspection. assured of obtaining sufficient funds to attached) issued by the Secertary of Labor meet the non-Federal share of the cost pursuant to the Copeland Act, as amended Representatives of the UJ5. Office of of construction if the construction appli­ (48 Stat. 948; 62 Stat, 862; 63 Stat. 108; Education and such other persons as the cation requests or is approved for less 72 Stat. 967; 40 U.S.C. 276c), and any amend­ Commissioner may designate will have than 100 percent of the cost of con­ ments, or modifications thereof, will cause access at all reasonable times to work struction. appropriate provisions to be inserted in sub­ contracts to insure compliance thereto, and wherever it is in preparation or progress, (d) The facility will be used only for will be responsible for the submission of and the contractor shall provide proper research and research related purposes statements required of subcontractors there­ facilities for such access and inspection. m accordance with the Act and this part under, except as the Secretary of Labor may § 151.41 Warranty period. for as long as the period of Federal in­ specifically provide for reasonable limita­ terest therein. tions, variations, tolerances, and exemptions All construction contracts shall con-* (e) No portion of the facility financed from the requirements thereof. tain a provision holding the contractor in whole or in part with Federal funds § 151.34 Equal employment opportu- responsible for the quality of the con­ t be used for religious worship or |piS nity. struction for three years after accept­ sectarian instruction or for research, re­ ance of a facility. search training, surveys, or demonstra­ In all contracts in excess of $10,000 tions in the field of sectarian instruction financed in whole or in part with Federal § 151.42 Progress reports. or the dissemination of information funds, the grantee will include the con­ The construction applicant will fur­ derived therefrom. tract clauses relating to nondiscrimina­ nish progress reports and such other tion in employment as required by and information relating to the proposed § 151.30 j Fixed price contracts and com­ set forth in the rules and regulations in construction grant as the Commissioner petitive bidding. effect under Executive Order 11246. may require. Actual construction work is to be per- § 151.35 Conflict o f interest. § 151.43 Payment schedule. ormed under fixed price contracts; competitive bidding will be invited prior No officer or employee of the grantee Payment of Federal funds on approved or any firm, organization, corporation or construction projects shall be made by ^^awarding the construction contract, partnership which such officer or em­ the Commissioner upon request of the . . . ^ Public advertisting or by ob- ployee controls or directs shall receive applicant, either in advance or by way of ®®«ng three or more bids; the contract funds from the grantee for payment for reimbursement according to schedules awarded to the responsible bidder services provided in connection with the established by the Commissioner and the lowest acceptable bid; planning, design, construction or equip­ based upon the completion of stages of a the concurrence of the Commis- ping of a facility. construction as indicated by the inspec-

No. 208- FEDERAL REGISTER, VO L 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13642 RULES AND REGULATIONS tion and progress reports earlier men­ tain billing practices.1 Comments were Despite these actions, however, it apT tioned. Payment of the final installment filed by 9 parties.® peared that certain licensees were con­ of 10 percent of the Federal grant will be 2. The practice at which the proposed tinuing to engage in “double billing.” withheld until final inspection of the rules are aimed is commonly known as The Commission, therefore, deemed it facility and approval of a final audit of “double billing.” The main ingredient appropriate and necessary in carrying the completed project. / ' of the practice is the furnishing of false out its functions under the public interest § 151.44 Excess payments. information concerning broadcast adver­ standard of the Communications Act to tising to any party contributing to the propose the adoption of rules prohibiting Construction grant funds not expended payment of such advertising, the pur­ the practice, and on March 31, 1964, is­ in connection with the construction of pose being to induce such party to pay sued the present notice of proposed rule the facilities will constitute excess pay­ more than the actual rate for the adver­ making. ments and shall be refunded by the tising. Although “double billing” may 4. Of the 9 parties who filed comments, grantee by check made payable to the take many forms (the proposed rule is one favored adoption of the rule, one U.S. Office of Education. concerned with the principle involved gave qualified approval, and the remain­ §151.45 Transfer of title. rather than the form in which it ap­ ing seven opposed its adoption in any pears) , the classic illustrations of “dou­ form. The principal objections to adop­ The Commissioner may transfer title ble billing” are (1) the situation where tion of the rule are that (1) the Commis­ to any facility constructed pursuant to the station submits to a local advertiser sion lacks the authority to adopt the rale the Act and this subpart, if such title is two bills, one in the amount agreed upon since the practices in question relate to vested in the United States, to any eligi­ for the advertising matter broadcast, business methods and have no effect on ble party specified in § 151.29 subject to and the second in a larger amount for program services; (2) enforcement of the the condition that the facility will be submission by the local advertiser to a rule might result in double jeopardy in operated for the purposes for) which it manufacturer or national advertiser to some instances; and (3) since other was constructed and subject to such support a claim for reimbursement pur­ remedies exist and other bodies have other conditions as the Commissioner suant to a co-operative advertising ar­ jurisdiction over such practices, admin­ may deem necessary to carry out the rangement; and (2) a situation where a istration by the Commission of the pro­ objectives of the Act and to protect the station enables or assists an advertising posed rule might result in confusion and interest of the United States. agency to mislead its clients as to the lack of uniform enforcement. § 151.46 Competitive equipment bids. amounts charged by the station for ad­ 5. The practice of “double billing” is vertising and thereby to induce them to patently fraudulent and is condemned Equipment not included in the basic reimburse the advertising agency upon by all of those filing comments. It Is construction contract will be procured the basis of a fictitious advertising rate. urged, however, by some of the parties by competitive bidding either by public 3. The Commission’s concern with that while “double billing” might reflect advertising or by obtaining three or more “double billing” is of several years stand­ upon a licensee’s character and would, bids, unless other procurement methods ing. On March 9, 1962, after receiving therefore, be a relevant consideration are required by State or local laws. complaints that some broadcast stations upon a renewal of license, it is a business § 151.47 Determination of equipment. were engaging in this practice, thé Com­ practice which does not affect a station’s mission issued a Public Notice (FCC 62- service to the public and therefore a For the purpose of establishing the 272, No. 16887), advising broadcast li­ matter which the Commission may not distinction between equipment and ex­ censees that their participation in such a regulate by rule. This contention has pendable supplies, for any item listed in scheme was .reprehensible in itself, little force, in our view. We are not con­ pp. 101-121 (Alphabetical List of Sup­ usually involved the use of the mails cerned here with a practice engaged in plies and Equipment) of the U.S. De­ to defraud and often involved unfair outside of the radio field by broadcast partment of Health, Education, and competition with other stations and ad­ licensees. We are here concerned with Welfare, Office of Education, Bulletin vertising media that did not engage in this one aspect of the operation of the 1959, No. 22, the determination between the practice. The Commission warned licensed facilities. The public interest equipment or expendable supply item as that, independent of the penalties that standard of the Communications Act im­ contained therein shall apply. may be imposed elsewhere, it regarded plies a requirement that the licensee be Dated: October 11, 1965. the practice as contrary to the public law abiding in the operation of his sta­ interest and that where evidence of tion, Federal Communications Commis­ [seal] F rancis K eppel, “double billing” was found to exist, ap­ sion v. American Broadcasting Co., 347 U.S. Commissioner of Education. propriate proceedings would be insti­ U.S. 284, 290 (1954) ; Granik v. FCC, 234 Approved; October 21, 1965, tuted. Since the issuance of that Public F. 2d 682 (1956) . The prohibition of a particular fraudulent practice as being J ohn W. Gardner, Notice, the Commission’s continuing inconsistent with operation in the public Secretary of Health, Education, concern has been evidenced by the ac­ interest is not the sort of “supervision and Welfare. tions it has taken in individual cases.3 of a licensee’s business practices and [PH. Doc. 65-11517; Piled, Oct. 26, 1965; policies which Congress withheld when it 8:47 am.] 1 Pursuant to a request from the National determined that broadcast stations Association of Broadcasters, the times for filing comments and reply comments were should operate in a competitive market extended to May 25, and June 9, 1964, re­ rather than under a fonn of common spectively. carrier or public Utility regulation. Fur­ Title 47— TELECOMMUNICATION 2 Parties filing comments were Sound Dis­ thermore, the practice of “double billing tributors, Inc. (licensee of KEEZ-FM, San has an impact beyond the particular par­ Chapter I— Federal Communications Antonio, Tex.), the Georgia Association of ties concerned. The use of this con- Commission Broadcasters, Station KWPC (Muscatine, cededly improper and illegal practice [Docket No. 15396; PCC 65-951] Iowa), the National Association of Broad­ affects adversely the operation of com­ casters, Columbia Broadcasting System, Inc., petitive stations not engaging therein, PART 73— RADIO BROADCAST Storer Broadcasting Co., Metromedia, Inc., Asheboro Broadcasting Co., Inc. (licensee of and also is clearly a matter SERVICES WGWR, Asheboro, N.C.), and KUOA, Inc. Commission concern. See Federal Traa (licensee of KUOA, Siloam Springs, Ark;). Fraudulent Billing Practices of Stand­ »See, e.g., letter of Dec. 4, 1963 (FCC 62- ible billing”;-letter of Feb. 12, 1964 ( ard, FM, and Television Broadcast 1122, No. 43309), to Station WFHA-FM de­ 19, No. 46326), to Station WATS grant- Stations ferring action on renewal application pend­ renewal application and warning ing licensee response to. questions concerning ible billing” practices; and Memorandum Report and order. 1. On March 31, “double billing”; an Order (FCC 63-1121, lion and Order (FCC 65R-83, No. 6 ) 1964, the Commission issued a notice of No. 43558) released Dec. 13, 1963, designating used Mar. 8, 1965, enlarging the issue for hearing the application for renewal of erning an applicant for a construction proposed rule making seeking comments license of Station WILD on an issue, among lit to include - an issue as “ on proposed amendments to the Com­ others, seeking to determine whether the ag” on another station licensed t mission’s rules which would prohibit cer­ licensee had engaged in the practice of

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 RULES AND REGULATIONS,, 13643,

Commission v. Keppel & Bro., 291 U.S. Interpretation: This is fraudulent billing, Initially, we note that the term “double since it tends to deceive the manufacturer, billing” Is merely a shorthand way of de­ 304. jobber, distributor or advertising agency to scribing a host of improper and fraudu­ 6. It is also contended that the adop­ which the Inflated bill eventually is sent, as tion of the rules would constitute double to the amount actually charged and received lent billing practices. The absence in a jeopardy, since other legal remedies are by the station for the advertising. specific case of two or more bills does not available against “double billing.” How­ Example 2. A station or employee thereof mean that no improper “double billing” ever, the availability of other remedies issues a bill or invoice to a local dealer for is involved; the proposed rule speaks in to other local or federal bodies does not 50 commercial spots at $5.00 each and the terms of furnishing false information, not require that this Commission stand bill, invoice or accompanying affidavit indi­ in terms of the number of bills involved. aside. Federal Communications Com­ cates that the 50 spots were broadcast on Additionally, we have already noted that behalf of certain co-operatively advertised the “method of attracting business” mission v. American Broadcasting Co., products, whereas some of the spots did not supra; Mester v. U.S., 70 F. Supp. 118 advertise the specified products, but were which is described in Example 6 is not (D.C., N.Y., 1947) aff’d 332 U.S. 749, used by the local dealer solely to advertise only improper but unfair: We agree that rehearing den., 332 U.S. 820. his store or other products for which co­ the purpose of most “double billing”, or 7. As indicated earlier, one party operative sponsorship could not be obtained. at least a partial purpose, is to enable the favored adoption of the rule, one gave Interpretation: This is fraudulent billing, local advertiser to recoup the difference qualified approval, and the others op­ even though the station actually receives between the co-op payment and what the $5.00 each for the 50 spots, because, by falsely advertising actually cost the local adver­ posed its adoption in any form. We have representing that the spots advertised cer­ concluded that a rule in this area is both tain products, the licensee has enabled the tiser. But this is certainly no justifica­ necessary and desirable. ' We are adopt­ local dealer to obtain reimbursement from tion tor condoning the practice, The ef­ ing the rule as proposed, with two addi­ the manufacturer, distributor, jobber or ad­ fect of the practice described in Example tions. The first of these is the inclusion vertising agency for advertising on behalf 6 is to give the local advertiser 100 spots of false information as to the quantity of its product which was not actually broad­ which cost him $250.00 (and for which of advertising being charged for. It was cast. the national manufacturer pays one-half indicated in Example 8 of the proposed It is argued that the wording of the ex­ or $125.00) or $2.50 per spot. But since Public Notice that this is regarded as a amples (i.e., “station or.employee there­ only 50 of those 100 spots involve prod­ fraudulent Wiling practice. We believe of”) indicates that the licensee will be ucts within the co-op advertising ar­ it appropriate to make the rule on its held responsible for the unauthorized and rangement, the national manufacturer’s face as clear as possible, and accordingly unknown acts of its employees even real share should be one-half of the real are specifying quantity as well as nature though the licensee may have exercised cost of those 50 spots ($62.50). The re­ and content. The second addition im­ due diligence. This is not the case. As sult of submitting a bill for $250.00 for 50 poses the requirement that the licensee mentioned above, we expect the licensee spots is to create the impression that the shall use reasonable diligence to see that to exercise due diligence to prevent his per spot cost is $5.00 rather than $2.50, his employees and agents do not engage employees from engaging in fraudulent thus deceiving the national manufac­ in fraudulent billing practices (the Pub­ billing practices, and the new rule so turer. lic Notice adopted contains a similar states. The licensee is responsible where Example 7. A local appliance dealer agrees statement). While this was not specifi­ he himself engages in such practices, to purchase 1,000 spots per year from a sta­ cally proposed in this rule making pro­ where he knowingly permits them to ex­ tion and thereby earns a discount which reduces his rate per spot.from $10.00 to $5.00. ceeding, it is simply a specification of the ist, where either expressly or by impli­ During the course of the year, the dealer licensee’s long-recognized general obli­ cation he has authorized or ratified them, purchases 100 spots from the station which gation to exercise a proper degree of con­ and where he has not exercised due dili­ advertises both the dealer and “Appliance trol over his broadcast operation. Its gence to see that they do not exist. He A” and for which the dealer pays $5.00 per adoption as a rule is a statement of is not responsible in the absence of any spot. Since the station’s rate per spot for existing policy, and this requirement may of these circumstances. To make the 100 spots is $10, the dealer asks the station, be formulated without further proceed­ wording of the examples uniform, we are to supply him with an invoice for the 100 ings. With these additions, the new spots on behalf of “Appliance A” at $10 per changing the language of Examples 1 spot, claiming that if the manufacturer of rule reads as follows: and 2 to read “licensee” instead of “sta­ the appliance had purchased the 100 spots, “No licensee of a standard (FM or Tele­ tion or employee”. or if the dealer himself had purchased only vision) broadcast station shall knowingly Example 6. A licensee submits a bill or in­ these 100 spots within the course of a year, issue to any local, regional or national ad­ voice to a local dealer for 50 spots involving the $10 rate would apply, and that, there­ vertiser, advertising agency, station repre­ co-operative advertising of a certain product fore, the manufacturer should be required sentative, manufacturer, distributor, jobber or products at a rate of $5.00 each, and ac- to reimburse the dealer at the $10 rate. or any other party, any bill, invoice, affidavit tually collects this amount from the dealer. Interpretation: This practice constitutes or other document which contains false in­ However, as a “bonus” the licensee “gives” fraudulent billing unless the dealer can pro­ formation concerning the amount actually the dealer 50 additional spots in which the vide satisfactory evidence that the manufac­ charged by the licensee for the broadcast ad­ product or products named on the original turer of “Appliance A” is aware that the vertising for which such bill, invoice, affi­ invoice are not advertised, so that the dealer dealer actually paid only $5.00 per spot be­ davit or other document is issued, or which actually obtains the benefit of 100 spots in cause or the volume discount. If the dealer misrepresents the nature, content or quan­ return'for payment to the station of the can persuade the manufacturer to alter their tity of such advertising. Licensees shall $250.00 billed for the 50 co-operative spots. agreement so that the manufacturer’s con­ exercise reasonable diligence to see that their Interpretation: If the 50 “bonus” spots tribution to the dealer’s cooperative adver­ agents and employees do not issue any doc­ were broadcast as the result of any agreement tising is based upon a higher rate than the uments which would violate this section if or understanding, express or implied, that dealer actually pays, then there is no fraud issued by the licensee. the dealer would receive such additional ad­ upon the manufacturer. (But see Examples vertising in return for contracting for the 8 and 9 for possible violation of statute.) 8. Several of the parties have also first 50 spots at $5.00 each, the so-called Absent evidence of such agreement, licensee commented on the proposed illustrative “bonus” spots were in fact a part of the same is engaging in “double hilling” when he is­ interpretations. These are dealt with deal, and the licensee, by his actions, is par­ sues a bill for the higher amount. seriatim. ticipating in' a scheme to deceive and de­ fraud a manufacturer, jobber, distributor or Some of the parties object to the inter­ Example 1. A station or an employee there­ advertising agency. pretation of the facts set forth above in of issues a bill or invoice to a local dealer for Example 7, contending that since the 50 commercial spots at a rate of $5.00 each Several of the commenting parties con­ dealer is the one who assumed the obli­ or a total of $250.00. In connection with tend that Example 6 does not constitute gation for the total number of announce­ he same 50 commercial spots, the station “double billing” since no double bill is ments, he is the only one entitled to the supplies the local dealer or an advertise- submitted and there is no attempt to de­ frequency discount, not the co-op adver­ agency, jobber, distributor or manufac- fraud anyone. The practice described uxer of products sold by the local dealer, in the example is defended as merely an­ tiser who used only a part of the total. another affidavit, memorandum, bill or in- other method of attracting business and Moreover, it is argued that since fre­ o ce which indicates that the amount is used to recoup the difference between quency discounts are not normally ^arged the local dealer for the 50 spots was the co-op payment and what the adver­ earned or disbursed until the end of the greater than $5.00 per spot. tising actually costs the local advertiser. year, the licensee is not in a position to

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13644 RULES AND REGULATIONS

determine whether the discounts are casters, in its comments, set forth and employees do not issue any docu­ properly distributed and it is unduly 4 hypothetical situations and requested ments which would violate this section burdensome to require the licensee to rulings from the Commission on them. if issued by the licensee. supervise the distribution of the dis­ Careful consideration of the hypo­ Note: Commission interpretations in con­ counts to the co-op advertisers. The thetical submitted indicate that they nection with this Rule may be found in a short answer, however, to these objec­ are all variants of Example 7 and involve separate Public Notice issued Oct. 22, 1965, tions is that the proposed rule and the frequency discounts. As a general mat­ entitled “Applicability of Fraudulent Billing interpretation do not require the licensee ter, the Commission does not deem it Rule.” (FCC 65-952.) to supervise the distribution of the dis­ good practice to issue declaratory rulings count or to assure that the co-op adver­ in hypothetical situations where all of § 73.299 Fraudulent billing practices. tiser gets the benefits of the discount. the facts which can affect a decision may No licensee of an FM broadcast sta­ The proposed rule and the interpreta­ not be present. This general policy is, tion shall knowingly issue to any local, tion merely require that the co-op adver­ we think, applicable here. We believe, regional or national advertiser, adver­ tiser be made aware of the dealer’s fre­ however, that the observations we have tising agency, station representative, quency discount. made in discussing Example 7 should be manufacturer, distributor, jobber or any By the furnishing of a bill, at the dealer’s helpful in arriving at a decision with other party, any bill, invoice, affidavit, request, which fails to disclose this and respect to the Situations presented by the or other document which contains false v/hich, in fact, sets forth a rate higher hypotheticals. And, finally, we have information concerning the amount ac­ than that which the dealer ultimately modified the last sentence in the second tually charged by the licensee for the paragraph of the proposed Public Notice broadcast advertising for which such bill, pays, the co-op advertiser is being de­ invoice, affidavit or other document is ceived. The licensee can avoid this prob­ so that it conforms more closely to the lem merely by taking appropriate steps language of the rule. issued, or which misrepresents the na­ 10. Authority for the adoption of the ture, content or quantity of such adver­ to see that the co-op advertiser is aware tising. Licensees shall exercise reason­ of a possible frequency discount te.g., by proposed rules is contained in sections 4(i) 303 (r) ,* 307, 308, and 309 of the able diligence to see that their agents and noting this fact on the bill). The li­ employees do not issue any documents censee is not required to see that the Communications Act of 1934, as amended. which would violate this section if issued co-op advertiser agrees to pay the regu­ by the licensee. lar rate before discount; that is a matter 11. In view of the foregoing: It is or­ between the co-op advertiser and the dered, That, effective November 29,1965, Note: Commission Interpretations in con­ dealer. To the extent that Example 7 Part 73 of the Commission’s rules is nection with this Rule may be found in a amended as set forth in the Appendix separate Public Notice issued Oct. 22, 1965, implies otherwise, the “Interpretation” entitled “Applicability of Fraudulent Billing has been modified to read as follows: attached hereto; and it is further or­ dered, That this proceeding is termi­ Rule.” (FCC 65-952.) Interpretation: This practice constitutes nated. fraudulent billing unless the dealer can pro­ § 73.678 Fraudulent billing practices. vide satisfactory evidence that the manufac­ (Secs. 4, 303, 307, 308, 309, 48 Stat. 1066, 1082, No licensee of a television broadcast turer of “Appliance A” is aware that the 1083, 1084, 1085, as amended, 47 UJS.C. 154, station shall knowingly issue to any local, dealer actually paid only $5.00 per spot be­ 303, 307, 308, 309) regional or national advertiser, adver­ cause of the volume discount. Adopted: October20,1965. tising agency, station representative, An element in each of the Examples manufacturer, distributor, jobber or any 7 through 9, as set forth in the notice of Released: October 22,1965. other party, any bill, invoice, affidavit proposed rule making, is use of fictitious F ederal Communications or other document which contains false invoices by the dealer and the manufac­ Commission,® information concerning the amount ac­ turer as a device by which the manufac­ [ seal] B en F. Waple, tually charged by the licensee for the turer may grant discriminatory dis­ Secretary, broadcast advertising for which such bill, counts, rebates or advertising allowances invoice, affidavit or other document is 1.. Sections 73.124, 73.299, and 73.678 issued or which misrepresents the na­ to certain dealers. Such practices may are added to read as follows: violate the Clayton Anti-Trust Act as ture, content or quantity of Such adver­ amended by the Robinson-Patman Price §73.124 Fraudulent billing practices. tising. Licensees shall exercise reason­ Discrimination Act or section 5 of the No licensee of a standard broadcast able diligence to see that their agents and Federal Trade Commission Act. Since station shall knowingly issue to any local, employees do not issue any documents violations of these acts are matters for regional or national advertiser, adver­ which would violate this section if issued action by the Federal Trade Commission, tising agency, station representative, by the licensee. reference to such violations has been de­ manufacturer, distributor, jobber or any Note: Commission interpretations in con­ leted from the “Interpretation” of Ex­ other party, any bill, invoice, affidavit nection with this Rule may be found in a amples 7 and 8, and Example 9 has been or other document which contains false separate Public Notice issued Oct. 22, 1965, deleted in its entirety, since that was the entitled “Applicability of Fraudulent Billing information concerning the amount ac­ Rule.” (FCC 65-952.) point there involved.4 However, we tually charged by the licensee for the shall maintain close liaison With the broadcast advertising for which such bill, [F.R. Doc. 65-11518; Filed, Oct. 26, 1965; FTC, and a determination by that agency invoice, affidavit or other document is 8:47 am.] of a violation of statute will, in turn, be issued, or which misrepresents the na­ considered by this Commission in pass­ ture, content or quantity of such adver­ [Docket No. 16006; FCC 65-950] ing upon the qualifications of a licensee. tising. Licensees shall exercise reason­ 9. Two final matters merit commentable diligence to see that their agents PART 73— RADIO BROADCAST here. The Georgia Association of Broad- SERVICES •Inadvertently, reference to sec. 303(r) i Example 9. “The facts are the same as was omitted in the notice of proposed rule Table of Assignments; FM Broadcast in. Examples 1 through 7, except that the making. However, 5 of the 7 parties who Stations dealer furnished the licensee with conclu­ objected to the rule addressed themselves in sive evidence that the manufacturer or his large part to, and questioned extensively, the In the matter of ^amendment of distributor, jobber, or agent is aware that Commission's authority to adopt the rule, in § 73.202, table of assignments, FM broad­ “double billing” is being practiced, and still effect, arguing the applicability of sec. 803 cast stations (New Albany, Ohio, Deca­ is willing to pay its part of the inflated bill (r) to this rule. And we have carefully tur, Ind., Elizabeth ton, Tenu., Ocean for cooperative advertising. Interpretation: considered and set out at some length our City, N.J., Oakland (Western) Md.. Fair­ No fraud against the manufacturer, dis­ views on our authority to adopt the rule. mont and Keyser, W. Va., Aiken, S.C., tributor, jobber, or agent exists under such Thus, the requirements of notice have been circumstances, but there is a strong pre­ met. and Louisville, Ga., Copperhill, Clinton* sumption that the dealer and manufacturer * Commissioners Hyde and Lee absent; Dayton,- and Oak Ridge, Tenn., Winter are conspiring to violate section 13a of the Commissioner Loevlnger concurring and is­ Park and Leesburg, Fla., Crossville and Robinson-Patman Antidiscrimination Act. suing a statement filed as part of original Athens, Tenn., and ' Tucson, Ariz.), (See Example 8 above.) ” . document. Docket No. 16006, RM-694, RM-736, RM-

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739, RM-675, RM-740, RM-745, RM-743, Elizabethton and its environs an inter­ channel to Altoona, Pa., by making the RM-693, RM-731, RM-750, RM-751. ference-free PM service which can serve following changes in our Table of Assign­ Report and order. 1. The Commission the community after sunset and in the ments: h a s before it for consideration its notice early morning hours. . The community’s of proposed rule making, released May 7, second AM station, WBEJ, is a Class IV City Delete Add 1965 (PCC 65-386), and printed in the unlimited-time station. 10,896 persons Federal R e g is t e r on May 12, 1965 (30 live in Elizabethton, which is the county F.R. 6543), proposing a number of seat of Carter County (population 41,- 243 228A 232A c h a n g e s in the PM table of assignments. 587). Petitioner presents a number of 244A 228A 2. A number of formal and informal facts including a tabulation of the in­ 232A 237A statements were filed in response to the crease in revenue received over a number proposals set out in the notice. All duly of years from building permits which, it Mr. Powley’s counterproposal is unac­ filed documents were considered in mak­ alleges, are indicative of the community’s ceptable in that its adoption would be ing the following determinations. growth. From the statistics presented, in clear violation of the Canadian- 3. RM-694, New Albany, Ohio; RM- it does appear that Elizabethton is ex­ United States agreement of 1947 con­ 739, Decatur, Ind.; RM-740, Elizabeth- panding and growing in significance. It cerning FM allocations. Class C-l ton, Tenn.; RM-743, Ocean City, N.J.: is pleaded that a town of its size, growth Channel 237, FM Station CHML, is as­ Our notice, in response to four individual and significance should have an FM as­ signed to, and operating in, Hamilton, petitioners below named, proposed to as­ signment and that the assignment of Ontario. The proposed Channel 237A sign Channel 280A to New Albany, Ohio, limited coverage Channel 257A to the for St. Mary’s, Pa., would be 143 miles Channel 224A to Decatur, Ind., Channel town will result in an immediate appli­ distant from this Canadian Station. 257A to Elizabethton, Tenn., and Chan­ cation by petitioner for a construction The Canadian-United States agreement nel 292A to Ocean City, N.J. permit, thereby bringing the area a first specifies a minimum mileage separation 4. The Christian Voice of Central Ohio, FM service in the near future. of 150 miles. In addition, Mr. Powley’s Inc. (petitioner for Channel 280A in New 7. Ocean City, N.J., has no FM assign­ proposal suggests the interchange of Albany, Ohio), has for some time been ment at the present time. Petitioner, Channel 228A for Channel 244A at State desirous of providing central Ohio with Salt-Tee Radio Inc., licensee of the College, Pa. This suggestion was made a specialized PM service. The proceed­ community’s only AM station WSLT, in the belief that no station was operat­ ings indicate that there are a substantial a daytime-only operation, is desirous of ing on Channel 244A. WRSC-FM number of persons willing to support the bringing Ocean City a facility which can broadcasts on that channel and vigor­ type of programming the petitioner pro­ serve it in the early morning and night­ ously opposes its deletion. Altoona, Pa., poses, basically, religious. At the pres­ time hours. An FM station operating a city of 69,407 persons, presently has FM ent time, New Albany has no PM assign­ from Ocean City on Channel 292A would Channels 251 and 261A assigned to it. ment nor is an AM station located there. be able to provide such a service. An Both are occupied. Furthermore, there Because of the concentration of popula­ engineering examination indicated that are three unlimited-time AM stations tion in the area (Columbus is only 12 Channel 292A can be assigned to Ocean broadcasting from the community, one miles distant) a Channel 280A located in City and serve that community without of which is a Class IV operation. New Albany (population 307)1 will be violation of our minimum mileage sepa­ 11. A second counterproposal was of­ able to serve a large proportion of the ration requirements if the transmitter is fered by Century Broadcasting Corp., 682,962 persons located in its county, located about 2 miles distant from the i.e., to replace Channel 244A in Oakland Frankli,n. No existing channel assign­ city. Ocean City is a substantial com­ with Channel 221A and assign Channel ments need be disturbed by the imple­ munity of 7,618 persons. The population 243 to Johnstown, Pa. Johnstown, Pa. mentation of the proposal, nor has any­ of its county, Cape May, is 48,555. No (population 53,949) , is located in Cam­ one objected to it. objections were made to this assignment. bria County, the population of which is 5. Petitioner, Airon, Incorporated, for 8. In light of the above facts, includ­ 203,283. It is the county’s largest city Channel 224A in Decatur, Ind., is licensee ing the availability of Class A channels, though not the county seat. At the of Decatur, Ind.’s only station, WADM, the lack of local FM service in each of present time, there are only two FM a daytime-only AM operation. In view the communities named, the interest of channels assigned to the community, of the community’s lack of local fulltime petitioners, and the probability of bring­ 221A and 238. Both are occupied. service, it seeks to provide such a service ing local FM service to each of the com­ Johnstown also has four AM stations, to Decatur (population 8,327) and the munities in the near future, we are of one of which is a daytime-only opera­ surrounding area in Adams County the opinion it is in the public interest to tion; 1,977 persons reside in Oakland, (population 24,643). In order to do this, assign Channel 280A to New Albany, which is the county seat of Garrett « has requested the assignment of a first Ohio, Channel 224A to Decatur, Ind., County (population 20,420). Presently, PM channel to Decatur. It appears that Channel 257A to Elizabethton, Tenn., FM Channel 244A is assigned to, but ly­ Decatur, the largest city in Adams Coun­ and Channel 292A to Ocean City, N.J. ing fallow in, Oakland. There are no ty and its county seat, is a logical loca­ 9. RM-731, Oakland (Western), Md.: AM stations located there. One of the tion for an additional service, in that the Our notice, in response to the petition of factors Oakland stresses in urging the statistics presented indicate not only Oakland Radio Station Corp., proposed assignment of a wide-coverage FM that it is the center for political activity the examination of the following chan­ Channel to Oakland is that it is allegedly m county, but that a substantial nel reassignments: the major trading center for Garrett amount of the county’s economic and County and the two nearby counties in social life are conducted in it. Peti­ Channel No. West Virginia. However, this is in con­ tioner supports its proposal by alleging City tradiction to the standard trade area that the 1960 retail sales for Decatur Present Proposed studies of Hagstrom and McNally which were $20,820,000 while Adams County re- show Oakland in the retail trading area 5ft» nnales in same year were $37,- Oakland, Md______-244A 243 Of Cumberland, Md. The second major ab8,ooo. Our engineering review indi­ 261A N 285A point petitioner underlines to support cates that Channel 224A can be assigned 240A 261A the assignment of a wide coverage o Decatur and used there without dis­ channel to Oakland is the problem of turbing any other assignment. This proposal was made notwithstanding rough terfain. It is said that a wide 6. Holston Broadcasting Corp., peti- the fact that the assignment of a wide- coverage channel is necessary to over­ noner for Channel 257A at Elizabethton, coverage Class B channel at Oakland come such an obstacle. We agree that , ,n-> and licensee of one of Elizabeth­ would be an exception to our basic policy a Class B channel may be more effective ton s two AM stations, WIDD (a daytime- of assigning wide-coverage channels only in an area containing rough terrain, n y operation), is desirous of bringing to urban areas. however, we feel compelled to point out 10. Mr. John R. Powley filed a coun­that the rough terrain in and about nf , P^Pulati°n figures herein are those terproposal in the proceeding which ad­ Johnstown presents the same problem of the I960 U.S. Census. vocated the assignment of a Class B for that community. In respect to serv-

FEDERAl REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13646 RULES AND REGULATIONS

ice for the area which petitioner wishes 16. RM-675, Copperhill, Tenn.; RM-Ridge assignment. No objections have to cover, we are of the view that the fol­ 745, Clinton, Tenn.: On October 26,1964, been filed to these three proposed as­ lowing facts presented by Century Copper Basin Broadcasting Co., Incor­ signments by any party to this proceed­ Broadcasting Corp. provide an answer: porated, licensee of Station WLSB (AM), ing. Each meets our minimum mileage “* '* * Oakland is in the Cumberland, Copperhill, Tenn., filed a petition re­ separation requirements. Md., trading area. Two Class B PM sta­ questing the assignment of Channel 280A 18. The only objection to the proposal tions allocated to that city could serve to Copperhill by substituting Channel set out in our notice was filed by Max M. the eastern portions of the Oakland area. 285A for 280A at Dayton, Tenn. The Blakemore trading as Cherokee Broad­ A Class B channel recently allocated to proposal to assign Channel 285A to casting Co., who filed a counterproposal Frostburg, Md., 30 miles from Oakland, Dayton as proposed by Copper Basin requesting the assignment of Channel could also provide service to the eastern conflicts with an application filed by 280A to Murphy, N.C., rather than to portion of Garrett County.* The Class Radio Active Broadcasting, Inc. (BPH- Copperhill, Tenn.; 2,235 people reside in B channel allocated to Morgantown, 4734), for the use of Oak Ridge’s Channel Murphy. It lies in Cherokee County W. Va., could provide service in the area 285A at Oak Ridge, Tenn., since the (population is 16,335). This community west of Oakland. There are also FM separation between the two reference has no FM channel assigned to it and channels allocated to Clarksburg, Key- points is less than the required 65 miles. no local early morning or nighttime serv­ ser, and Elkins, W. Va., that could pro­ There is a second application on file for ice, in that the two AM stations located vide service to portions of the three the use of Oak Ridge’s Channel 285A, there are daytime-only operations. Cop­ counties west of Oakland.” In addition, that of Clinton Broadcasters, Inc. (BPH- perhill, a town of 631, is in Polk County the Century proposal retains a Class A 4634), requesting its use at Clinton, (population 12,160). At the present assignment for Oakland itself. Tenn., under the “25 mile rule.” In order time, it, too, is without an FM assign-: 12. In view of all of the foregoing, and to remove the conflict with the Radio ment. However, it does have an un- after a careful weighing of the complete Active application for Channel 285A at limited-time AM station, 1 kw, day, 250 presentation in this proceeding, we are Oak Ridge and with the proposed assign­ watts night. Copper Basin Broadcasting of the opinion that our basic policy of ment of Channel 285A at Dayton, on Corp., Inc., has presented a picture of assigning wide-coverage channels to March 19, 1965, Clinton Broadcasters, need for an unlimited-time FM service urban areas should not be varied in this Inc., licensee of Station WYSH (AM), in Copperhill, explaining that if Channel instance and, therefore, that Channel Clinton, filed a petition for rule making 280A is assigned there and it receives a 221A should be substituted for Channel (RM-745) requesting the assignment of construction permit, the station would 244A in Oakland and that Channel 243 Channel 285A to Clinton and the sub­ serve several other communities as well should be assigned to Johnstown, :Pa„ stitution of Channel 232A for 285A at as Copperhill, including Blue Ridge a much larger city which now has only Oak Ridge. In view of these facts, our where it proposes to establish a remote one Class B assignment and is the center notice set out the following allocation studio. In determining which of the two of a'much more populous area. proposal: communities should receive the assign­ 13. RM-736, Aiken, S.C.: In acknowl­ ment of the FM channel, we are con­ edgement of the petition of Soundcast­ Channel No. fronted with a difficult probelm in that ing, Incorporated, our notice proposed City both communities appear to require and to replace Channel 240A in Louisville, Present Proposed reserve an FM channel. We do note, Ga., with Channel 221A, thereby making however, that Copperhill does have a it possible to assign Channel 240A to Copperhill, Tenn...... _...... 280A local service during the early morning Aiken. CIlininTi, Tèrni 285A and nighttime hours. Murphy has day- 280A 285A 14. 11,243 persons reside in Aiken Oak Ridge, Term 285A 232A time-only stations, and is larger than which is the county seat of Aiken County Copperhill. (population 81,038). The only FM 19. We have concluded therefore that channel assigned to the community 17. 4,943 persons live in Clinton, whichChannel 280A should be assigned to (257A) presently has two applications is located in Anderson County (popula­ Murphy, N.C., and that Channel 285A pending for its use: BPH-4723, Sound­ tion 60,032). At the present time, no should be assigned to Clinton, Tenn., by casting, Incorporated, and BPH-4760, FM channel is assigned to the com­ making the additional changes neces­ Radio WAKN. Two daytime-only AM munity. One daytime-only station is sary at Dayton, Tenn., and Oak Ridge, stations are also located in the commu­ located there. In view of this situation, Tenn. nity. In advancing its proposal, peti­ the community receives no local early 20. RM-693, Winter Park, Fla.; Con­ tioner points out that the adoption of morning or nighttime service. Dayton, temporary Broadcasting Co., Inc., filed a its proposal in no way decreases the po­ Tennessee, is located in Rhea County. petition (later amended) requesting the tential for FM service presently provided The population of the community is 3,500 assignment of a wide-coverage Class C by our rules, that, in fact, it would pro­ while that of the county is 15,863. Pres­ Channel 290 to Winter Park. The notice vide the opportunity for competitive ently, Channel 280A is assigned to the in this proceeding proposed to evaluate FM service in Aiken. If the proposal is community and unapplied for. Since that suggested assignment along with adopted, a lengthy and costly compara­ there is but one AM station in Dayton, the substitution such an assignment tive hearing will be avoided, thereby and it is a daytime-only operation, it, too, has no early morning or nighttime would require, of Channel 294 for Chan­ bringing to Aiken and its environs, in nel 293 at Leesburg, Fla. the relatively near future, two local FM local service. Oak Ridge (population 21. Orange County (population 263,- services which will provide a choice in 27,169) is located in both Anderson 540), contains Winter Park, a city of programming to the listener. There is County (population 60,032) and Roane 17,162 persons. FM Channel 276A is no application pending for Louisville’s County (population 39,133). As indi­ presently assigned to the community and existing Channel 240A. No oppositions cated in the previous paragraph, this has a construction permit outstanding were filed in this proceeding. city’s one FM assignment (285A) has for its use. An educational FM station 15. In light of the above set out facts, two applications pending for its use at operates on Channel 216 in the com­ as well as our belief that this county Oak Ridge and at Clinton. The com­ munity. AM Station WABR is also lo­ seat can support two FM assignments, we munity has one unlimited AM station. cated there. Although it is a daytime- are of the view that it is in the public The assignments we proposed for these only station at the present time, a interest to replace Channel 240A, pres­ three substantial communities would construction permit has been granted for ently assigned to Louisville, Ga., with provide Clinton and Dayton with the an unlimited-time operation. Since Channel 221A, and to assign Channel potential for a first early morning and Winter Park is only four miles distant 240A to Aiken, S.C. nighttime service, while leaving one FM from Orlando, Fla. (population 88,135h channel for the sizable city of Oak Ridge. with its four wide-coverage FM assign­ 3 Operating with maximum Class B facili­In addition, the assignment of individual ties (50 kilowatts EBP. and effective an­ ments, and since Winter Park has a tenna height of 500 feet) a Class B station channels at Clinton and Oak Ridge will limited coverage FM assignment, nor­ places a 1 mv/m signal about 33 miles from avoid a lengthy and costly comparative mally, it would be our policy to assign the transmitter. hearing for the use of the present Oak only a limited-coverage FM station to

r FEDERAL REGISTER, VOL. 30, NO. 2G8-—WEDNESDAY, OCTOBER 27, 1965 RULES AND REGULATIONS 13647

Winter Park. In this instance, however, and there are no applications pending City Channel No. for its use. Petitioner’s proposed sub­ Maryland: Oakland (Western)__— — 221A two major factors mitigate our general New Jersey: Ocean City______- — 292A rule: stitution for it, Channel 252A, will con­ North Carolina:Murphy ______280A (a) In 1950, the Census showed the tinue an equivalent FM potential for Ohio: New Albany------280A population of Winter Park to be 8,250 Athens. Pennsylvania: Johnstown___ 221A, 238, 243 as compared with its 1960 population of 25. In view of Crossville’s needs and South Carolina : Aiken ____ 240A, 267A 17,162 and a predicted population of the nature of petitioner’s request for a Tennessee: 85,000 in the year of 1980. The rapid limited-coverage channel, which is con­ A th e n s______;______252A past growth in the community, with its sistent with our policy of assigning C linton______285A Crossville ______.______257A probable future growth, must be con­ limited-coverage channels to small com­ D ayton ______285A sidered in evaluating the community’s munities, we have come to the decision Elizabeth ton ____ 257A needs. The argument that a city of its that it is in the public interest to reas­ Oak R idge______232A size and potential size, needs more than sign Channel 257A from Athens to one PM outlet, in our view, has sub­ Crossville and to replace it in Athens 31. It is further ordered, That this stance. with Channel 252A. proceeding is terminated. (b) Engineering studies indicate that 26. RM-750, Tucson, Ariz. Our notice (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. there is a small area where Channel 290 acknowledged the petition of Pima 154. Interpret or apply secs. 303, 307, 48 Stat. can be used and still meet our minimum Broadcasting Co., Inc., by proposing the 1082, 1083 ; 47 U.S.C. 303, 307) mileage separation requirements. A consideration of the assignment of a Adopted: October 20, 1965. transmitter located in this zone can seventh FM Channel, 281, to Tucson. effectively serve Winter Park. If 27. Petitioner stated, and our notice , Released: October 22, 1965. Channel 290 is not used in this area, the was issued on the basis, that all of Tuc­ F ederal Communications frequency will lie fallow. Nor would it son’s FM channels were either licensed Commission,3 preclude any needed assignments in the or applied for. An examination of our [seal] B en F. Waple, area. A third factor to be considered is, files at this time, indicates that FM Secretary. channels 221A, 225, 229, 235, 241, and 258 of course, that a wide-coverage channel [F.R. Doc. 65-11519; Filed, Oct. 26, 1965; assignment to Winter Park will be better are assigned to the community, and that 8:47 a.m.] able to compete with the wide-coverage only Channels 221A and 258 are licensed assignments in Orlando. The replace­ while construction permits have been ment of Channel 293 by Channel 294 at granted for Channels 225. and 241. The Leesburg, Fla., required by the assign­ remaining channels—229 and 235—are Title 50— WILDLIFE AND ment of Channel 290 to Winter Park, not now in use or applied for. In addi­ will inconvenience no one, in that tion, the present licensee of Channel Channel 293 is presently unapplied for 221A, Prell Enterprises, will soon be FISHERIES and Channel 294 is an equivalent vacating that channel since it holds a Chapter I— Bureau of Sport Fisheries channel. construction permit for Channel 225. and Wildlife, Fish and Wildlife 22. In view of the present and prob­ Although Tucson is a substantial com­ able future needs of Winter Park, the munity (its population is 212,892 while Service, Department of the Interior fact that Channel 290 would probably the county in which it is located, Pima PART 32— HUNTING lie fallow if it were not assigned to County, has a population of 265,660), we Winter Park, petitioner’s interest, and have found no persuasive argument why, Seney National Wildlife Refuge, Mich. the present aural services to the com­ at this time, we should add Channel 281 munity, we are of the view that it is in when two wide-coverage assignments are The following special regulation is is­ the public interest to assign Channel 290 lying fallow, and one limited-coverage sued and is effective on date of publica­ to Winter Park and to replace Channel assignment will soon become available. tion in the F ederal R egister. The community presently has the num­ 293 with Channel 294 in Leesburg. § 32.32 Special regulations; big game; 23. RM-751, Crossville, Tenn.: The ber of FM assignments contemplated by for individual wildlife refuge areas. notice in this proceeding, in response to our original allocation plan. In addition the petition of WAEW, Inc., proposed there are twelve AM stations licensed in Michigan consideration of the reassignment of Tucson, eight of which are unlimited­ Channel 257A from Athens, Tenn., to time operations, with four being day­ SENEY NATIONAL WILDLIFE REFUGE Crossville, and its replacement in Athens time-only stations. Public hunting of deer and bear on with Channel 252A. 28. In view of the foregoing, we are of the Seney National Wildlife Refuge is 24.19,135 people reside in Cumberland the opinion that, under present condi­ County, of which Crossville (population tions, assigning an additional channel to permitted from 6 a.m. to 7 p.m„ e.s.t„ 4,668) is the county seat. At the present Tucson would be premature, and that it each day from November 13, 1965, «me, there is no FM assignment to the is not in the public interest to make such through November 28, 1965, only on the community. There is but one AM as­ an assignment at this time. The peti­ areO, designated by signs as open to hunt­ signment, WAEW, a daytime-only tion of Pima Broadcasting Co., Inc. is ing. This open area, comprising 85,200 ■operation, in support of petitioner’s denied. acres, is delineated on a map available Proposal, it has been pointed out that 29. Authority for the amendment at the refuge headquarters, Seney, Mich., this county seat is substantial in size adopted herein is contained in sections and from the Regional Director, Bureau lor its area and that, as the county seat, 4 (i), 303, and 307(b) of the Communica-' of Sport Fisheries and Wildlife, 1006 « acts as the core for social, cultural, tions Act of 1934, as amended. West Lake Street, Minneapolis, Minn., economic, and political activity for a 30. In accordance with the determina­ significant portion of the surrounding tions made above: It is ordered, That 55408. Hunting shall be in accordance area. Presently, there is no local early effective November 30, 1965, § 73.202 of with all applicable State regulations cov­ morning or nighttime broadcast means the Commission’s rules, the Table of ering the hunting of deer and bear sub­ to disseminate information to Crossville Assignments, is amended to read, with ject to the following special conditions: ana its environs. An FM station would respect to the communities listed below, (1) Firearms (rifles only) chambering Provide such a capability and thereby as follows: center fire cartridges of .23 caliber bullet ue of service both to Crossville and the City Channel No. diameter or larger. agricultural area surrounding it. Peti- Florida: a^eges that it will promptly apply Leesburg______294 The provisions of this special regula­ «si» use °f Channel 257A if it is as- Winter Park______276A, 290 tion supplement the regulations which gned to the community. At Athens, Georgia: Louisville______221A annel 257A is presently unoccupied Indiana: Decatur______224A 3 Commissioners Hyde and Lee absent.

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13648 RULES AND REGULATIONS govern hunting on wildlife refuge areas § 32.22 Special regulations; upland (1) The open season for hunting generally, which are set forth in Title 50, game; for individual wildlife refuge coyote and fox on the refuge extends Code of Federal Regulations, Part 32 ànfl areas. from November 13, through November are effective through November 28, 1965. M ic h ig a n ! - > V ;s 28,1965, inclusive. SENEY NATIONAL WILDLIFE REFUGE (2) Firearms (rifles only) chambering J ohn B. H akala, center fire cartridges of .23 caliber bullet Refuge Manager, Seney Na­ The public hunting of coyote and fox diameter or larger. tional Wildlife Refuge, Seney, on the Seney National Wildlife Refuge, Mich. The provisions of this special regulation Mich., is permitted only on the area des­ supplement the regulations which gov­ ignated by signs as open to hunting. October 19, 1965. ern hunting on wildlife refuge areas This open area, comprising 85,200 acres, generally, which are set forth in Title [FJt. Doc. 65-11513; Filed, Oct. 26, 1965; is delineated on maps available at refuge 50* Code of Federal Regulations, Part 32 8:47 a.m.] headquarters, 5 miles south of Seney, and are effective through November 28, Mich., and from the Regional Director, 1965. Bureau of Sport Fisheries and Wildlife, J o h n B . H akala, PART 32-HUNTING 1006 West Lake Street, Minneapolis, Refuge Manager, Seney Na­ tional Wildlife Refuge, Seney, Seney National Wildlife Refuge, Mich. Minn., 55408. Hunting shall be in accordance with Mich. The following special regulation is is­ all applicable State regulations govern­ O c t o b e r 19, 1965. sued and is effective on date of publica­ ing the hunting of coyote and fox subject [F.R. Doc. 65-11512; Filed, Oct. 28, 1965; tion in the F ederal R egister. to the following special conditions; 8:47 a.m.]

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 V 13649 Proposed Rule Making

of revising the current rice standards (a) Therefore, should § 68.202(a) of DEPARTMENT OF THE TREASURY and is particularly interested in receiv­ the Rough Rice Standards be changed to ing the views of interested persons con­ provide that rough rice be graded on the Internal Revenue Service cerning the following matters: basis of the quality of the head rice and [ 26 CFR Part 1 ] 1. Class names. The present Rough Targe broken rice combined? Rice, Brown Rice, and Milled Rice Stand­ (b) Should provision be made in § 68.- LIQUIDATION OF PERSONAL ards divide rice into classes on the 202(b) to give the percentage of large HOLDING COMPANIES basis of variety (i.e., Bluebonnet, Nato, broken kernels as a part of the milling Pearl, etc.). In most cases the specific yield determination? Notice of Hearing variety of rough rice can be identified on 3. Grading limits in the Rough Rice The proposed amendment to the regu­ the basis of the color of the hull or other and Milled Rice Standards. The limits lations under sections 316, 333, 381(c) easily identifiable characteristics of the of “Total seeds and heat-damaged ker­ (15), 545, and 562 of the Code, relating kernels. It is, however, more difficult nels” and “Heat-damaged kernels and to liquidation of personal holding com­ to so identify specific varieties of brown objectionable seeds” in the Rough Rice panies, was published in the F ederal rice and milled rice. and Milled Rice numerical grades U.S. Register for September 16, 1965. (a) Should the method of classifying No. 1 and U.S. No. 2 are so narrow that A public hearing on the provisions of rough rice under § 68.201(b), brown rice there is no significant difference. Also, this proposed amendment to the regu­ under § 68.251(b), and milled rice—ex­ the difference of 1.0 percent between lations will be held on Tuesday, Novem­ cept Second Head Milled Rice, Screen­ U.S. No. 1 and U.S. No. 2 and the differ­ ber 9, 1965, at 10 a.m., e.s.t., in Room ings Milled Rice, and Brewers Milled ence of 0.5 percent between U.S. No. 2 2326, Internal Revenue Building, 12th Rice—under § 68.301(b) (1) be changed and U.S. No. 3 in such grades for the and Constitution Avenue NW., Wash­ to classification as long grain, medium factor “Red rice and damaged kernels” ington, D.C. grain, and short grain on the basis of do not reflect the same proportional in­ Persons who plan to attend the hear­ kernel size, length, and shape? crease as exists with respect to most ing are requested to notify the Commis­ (b) If the above-mentioned §§ 68.201 other grading factors for the same sioner of Internal Revenue, Attention: (b), 68.251(b), and 68.301 (bH l) are grades. In addition, the maximum limits CC:LR:T, Washington, D.C., 20224, by changed, should the long grain class be of “Chalky kernels” for the several nu­ November 3, 1965. Telephone (Wash­ divided to provide a proper evaluation of merical grades are not on a uniform, pro­ ington, D.C.) 964-3970. long grain rice for price support purposes portional basis; and greater uniformity into three subclasses: Subclass A (to in­ in this respect may be desirable. [seal] P aul F. S chmid, clude Patna and Rexora), Subclass B (to (a) Consequently, in § 68.203(a) of the Acting Director, Legislation include Bluebonnet, Belle Patna, etc.), and Regulations Division. Rough Rice Standards and §§ 68.303 (a) and Subclass C (to include Toro, Century and (b) of the Milled Rice Standards, [F.R. Doc. 65-11507; Filed, Oct. 26, 1965; Patna, etc.) ? should the maximum limits for the fac­ 8:46 a.m.] 2. Basis of grade determination. In the present Rough Rice Standards the tors “Seeds and heat-damaged kernels,” numerical grade is based on the quality “Red rice and damaged kernels,” and of head rice (whole kernels) obtained by “Chalky kernels” in the numerical grades DEPARTMENT OF AGRICULTURE milling the rough rice. Under this meth­ for Rough Rice and Milled Rice be od the quality of the broken kernels is changed to those shown in the following Consumer and Marketing Service not considered. table? [ 7 CFR Part 68 1 Maximum limits of ROUGH, BROWN AND MILLED RICE Notice of Consideration of Revision of Seeds and heat-damaged" kernels (singly or combined) the U.S. Standards Grade Bed rice and damaged Chalky In accordance with the provisions of Heat-damaged kernels këinels section 4 of the Administrative Procedure Total kernels and (singly or (singly or objectionable combined) Act (5 U.S.C. 1003), notice is hereby combined) seeds (singly given that the U.S. Department of Agri­ or combined) culture is considering a possible revision of the U.S. Standards for Rough Rice No. in No. in CFR 68.201-68.203), Brown Rice (7 B00 grams 600 grams Percent Percent U.S. No. l ; ...... -...... -...... ;■ 4 2 1.0 2.0 CFR 68.251-68.253), and Milled Rice (7 U.S. No. 2______...... -_____ — ...... _ 6 4 2.0 4.0 CFR 68.301-68.303) pursuant to the pro­ U.S. No. 3...... —...... 10 g 3.0 6.0 TTS No 4 20 15 4.0 8.0 visions of sections 203 and 205 of the U.S. No. 5...... — ...... -...... -...... 30 30 6.0 10.0 Agricultural Marketing Act of 1946, 60 U.S. No. 6...... 75 75 15.0 15.0 btat. 1087 and 1090, as amended (7 U.S.C. 1622 and 1624). The present standards At the present there are no limits for cluded as grading factors in §§ 68.303 (d) nave been in effect since August 1, 1961. parboiled rice, damaged kernels, or red and (e) of the Milled Rice Standards? Statement of considerations. The rice 4. Unhulled kernels of rice. In the industry has suggested some changes in rice in the grade requirements for Screenings Milled Rice and Brewers present Brown Rice Standards, unhulled , e. r,lce standards since the most recent kernels of rice (paddy) are included in «Vision of the standards. The Depart- Milled Rice. Much of the rice which falls ent of Agriculture has also found that the definition for seeds. Since the hulls into these classes is used by the brew­ are easily removed in the milling and fn ¿iln ,cllan&es> especially in the method ing industry and rice containing ma­ or designating classes, would improve hull particles act as an abrasive, some terial quantities of these types of kernels a . Position of American rice in world millers prefer brown rice with a small iraae. The Department desires to ob- is unsatisfactory for brewing purposes. percentage of unhulled kernels of rice. written views, comments, and sug- (b) Should limits for parboiled rice, (a) Accordingly, should § 68.251 (k) of & wons with respect to the advisability damaged kernels, and red rice be in­ the Brown Rice Standards be changed

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 No. 208------5 13650 PROPOSED RULE MAKING by eliminating unhulled kernels of rice produced in the United States and to tion of this notice in the F ederal Regis­ from the definition for “seeds”? eliminate reference to State of origin: ter. All written submissions made pur­ (b) Should a new paragraph defining (a) Should the grade tables for brown suant to this notice will be made avail­ “unhulled kernels of rice (paddy)” be rice in the Brown Rice Standards and able for public inspection at the office of added to § 68.251? Milled Rice Standards be combined? the Hearing Clerk during regular busi­ (c) Should an additional factor “un­ (See §§ 68.253 (a) and (b) and 68.303 ness hours (7 CFR 1.27(b) ). hulled kernels of rice” be added to the (a) and (b).) § 958.209 Expenses and rale of assess­ table in §§ 68.253 (a) and (b) of such (b) Should sieves for determining ment. standards, and should the factor “un­ broken kernels be eliminated and sizing hulled kernels of rice” be on a percentage plates be used for sizing broken kernels (a) The reasonable, expenses that are basis rather than “number of kernels in for all classes of rice except for granu­ likely to be incurred during the fiscal 500 grams”? lated brewers milled rice in the Brown period beginning July 1, 1965, and end­ 5. Degree of parboiling. In the Rice Standards and Milled Rice Stand­ ing June 30,1966, by the Idaho-Eastern present Rough Rice and Milled Rice ards? (See §§ 68.251 (n), (o), (p), (q), Oregon Onion Committee for its main­ Standards the special grades for par­ and 68.301 (n), (o), (p), and (q).) tenance and functioning, and for such boiled rice provide for three degrees of (c) Should the use of the word "Cali­ purposes as the Secretary determines to parboiling: “Parboiled Light,” “Par­ fornia” be eliminated in grade designa­ be appropriate will amount to $7,400.00. boiled,” and “Parboiled Dark.” There is tions in such standards? (See §§ 68.203 (b) The rate of assessment to be paid apparently no need for the special grade (b) . 68.253(c), and 68.303(f).) by each handler In accordance with the “Parboiled Dark.” In addition, such Answers to the foregoing questions and Marketing Agreement and this part shall standards do not provide that “Parboiled any other written .data, views, argu­ be three-tenths of one cent ($0,003) per Light” rice should be uniform in color. ments, or suggestions for consideration hundredweight of onions handled by him (a) Therefore, should § 68.203(c) (1) in connection with a possible revision of as the first handler thereof during said of the Rough Rice Standards and § 68.303 the U.S. Standards for Rough Rice, fiscal period. (g) (2) of the Milled Rice Standards be Brown Rice, and Milled Rice should be (c) Terms used in this section have changed by eliminating “Parboiled filed in duplicate, not later than No­ the same meaning as when used in the Dark”? vember 30, 1965, with the Hearing Clerk, said marketing agreement and this part. (b) Should the above-mentioned U.S. Department of Agriculture, Room (Secs. 1-19, 48 Stat. 31, as amended; 7 Uü.C. §§ 68.203(c) (1) and 68.303(g) (2) provide 112, Administration Building, Washing­ 601-674) that “Parboiled light" rice be uniform ton, D.C., 20250, where they will be avail­ Dated: October 21,1965. in color? able for public inspection during official At present the special grade “Parboiled horns of business (7 CPR 1.27 (b) ). Paul A. N icholson, Light” in the Rough Rice and Milled Rice Copies of the current standards re­ Deputy Director, Standards does not limit the quantity of ferred to in this notice may be obtained Fruit and Vegetable Division. parboiled kernels which are darker in from: Director, Grain Division, Con­ [F.R. Doc. 65-11495; Filed, Oct. 26, 1965; color than the normal parboiled light sumer and Marketing Service, U.S. De­ 8:45 a.m.] kernels. partment of Agriculture, Federal Center (c) Should the special grades Par­ Building, Hyattsville, Md., 20781, or from boiled rough rice, § 68.203(c) (1) and Par­ any field office of the Grain Division. 17 CFR Part 984 1 boiled milled rice 168.303(g) (2) have specific limits on the quantity of dark Dated: October 22,1965. HANDLING OF WALNUTS GROWN IN parboiled kernels which are permitted G. R. Grange, CALIFORNIA, OREGON, AND. in the special grade “Parboiled Light.” Deputy Administrator, WASHINGTON 6. Broken rice designation. The Marketing Services. present Brown Rice Standards provide Proposed Expenses of Walnut Con­ CP.B. Doc. 65-11527; Piled, Oct. 26, 1965; for determining the milling yield of 8:48 a.m.} trol Board and Rates of A ssessm ent broken brown rice, and such determina­ for 1965-66 Marketing Year tion is expressed in the quantity of second Notice is hereby given of a proposal head milled rice, screenings milled rice, I 7 CFR Part 958 3 and brewers milled rice obtained. regarding expenses of the Walnut Con­ (a) Should the headings in the Brown ONIONS GROWN IN CERTAIN DESIG­ trol Board and rates of assessment for Rice Standards for the definitions under NATED COUNTIES IN IDAHO AND the 1965-66 marketing year beginning §§ 68.251 (x), (y), and (z) for “Second MALHEUR COUNTY, OREG. August 1,1965, pursuant to §§ 984.68 and head milled rice,” “Screenings milled 984.69 of the marketing agreement, as rice,” and “Brewers milled rice” be Notice of Proposed Expenses and amended, and Order No. 984, as amended changed to “Large broken rice,” “Medi­ Rate of Assessment (7 CFR Part 984), regulating the han­ um broken rice,” and “Small broken dling of walnuts grown in California, rice,” respectively? Consideration is being given to the ap­ Oregon, and Washington, effective under At present, the class names used for proval of proposed expenses and a pro­ the Agricultural Marketing Agreement broken milled rice in the Milled Rice posed rate of assessment as hereinafter Act of 1937, as amended (7 U.S.C. 601— Standards are “Second Head Milled set forth, which were recommended by 674). Rice,” “Screenings Milled Rice,” and the Idaho-Eastern Oregon Onion Com­ The Board has recommended a budget “Brewers Milled Rice.” mittee, established pursuant to Market­ of expenses in the total amount of (b) To make the class names more ing Agreement No. 130 and Order No. 958 $124,100 and, based on the volume of descriptive, should the class names in (7 CFR Part 958). merchantable inshell walnuts handled the Milled Rice Standards in § § 68.301 (b) This marketing order program regu­ or declared for handling and merchant­ (3), (4), and (5) be changed to “Large lates the handling of onions grown in able shelled walnuts handled or declared Broken Milled Rice,” “Medium Broken designated counties in Idaho and Mal­ for handling during the 1965-66 market­ Milled Rice,” and “Small Broken Milled heur County, Oreg., and is effective un­ ing year, an assessment rate of 0.125 cent Rice,” respectively? der the Agricultural Marketing Agree­ per pound and 0.25 cent per pound, re­ ment Act of 1937, as amended (7 U.S.C. spectively, is expected to provide suffi­ 7. Consolidation of grade tables and 601 et seq.). methods of grading rice. At present cient funds to meet the estimated ex­ All persons who desire to submit writ­ penses of the Board. the Brown Rice Standards and Milled ten data, views, or arguments in con­ All persons who desire to submit writ­ Rice Standards provide separate tables nection with these proposals shall file ten data, views, or arguments in connec­ of grades and grade requirements and the same, in quadruplicate, with the tion with the aforesaid proposal shouia methods of separating and sizing broken Hearing Clerk, U S. Department of Agri­ file the same in quadruplicate, with tne kernels from the whole kernels for rice culture, Room 112, Administration Hearing Clerk, U.S. Department of Agri­ grown in California. In order to have Building, Washington, D.C., 20250, not culture, Room 112, Administration Bulg­ uniform standards applicable to all rice later than the 15th day after the publica­ ing, Washington, D.C., 20250, not later

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 PROPOSED RULE MAKING'; 13651 than the eighth day after publication of contained in this notice riiay be changed mer CAR § 3.186); or (4) the weight at this notice in the F ederal R egister. All in the light of comments received. All which the airplane meets the climb per­ written submissions made pursuant to comments received will be available, in formance requirements under which it this notice will be made available for the Rules Docket for examination by was type certificated. public inspection at the office of the interested persons, before and after the The Agency has determined that the Hearing Clerk during regular business closing date for comment. Department of Interior and the majority hours (7 CFR 1.27(b)). On September 20,1949, the Civil Aero­ of the air taxi operators and other air The proposal is as follows: nautics Board adopted Special Civil Air carriers operating in the State of Alaska Regulation SR 337 authorizing the Ad­ are at the present time using, and will § 984.317 Expenses of the Walnut Con­ ministrator of the Civil Aeronautics Ad­ for many years continue to use, the au­ trol Board and rates o f assessment ministration for a 2-year period to estab­ thorization for increased weight granted for the 1965—66 marketing year. lish increased maximum takeoff weights under the special regulation discussed (a) Expenses. The expenses in the for certain small airplanes operated by above. The Agency believes that the amount of $124,100 are reasonable and Alaskan air carriers in the territory of safety record in the more than 15-year likely to be incurred by the Walnut Con­ Alaska. On March 31, 1950, the CAB, period in which the increased weights trol Board during the marketing year in Special Civil Air Regulation SR 344, have been authorized substantiates the beginning August 1, 1965, for its main­ extended this authority to similar air­ original determination that the author­ tenance and functioning and for such planes operated in Alaska by the Fish ized increases would not adversely affect purposes as the Secretary may, pursuant and Wildlife Service of the U.S. Depart­ safety. to the provisions of this part, determine ment of Interior. Each of these SRs was The Agency therefore proposes to to be appropriate. subsequently extended and eventually amend FAR Part 91 to continue the au­ (b) Rates of assessment. The rates combined, with minor changes, into SR thorization presently contained in SFAR of assessment for said marketing year, 399 which through a series of extensions 12. Since SFAR 12 would expire Octo­ payable by each handler in accordance evolved into the SR 399D that was re­ ber 25, 1965, that date is being extended with § 984.69 is fixed at 0.125 cent per cently redesignated as SFAR 12 as part for 6 months, by a separate amendment pound for merchantable inshell walnuts of the FAA’s recodification program. issued together with this notice,1 to pro­ and 0.25 cent per pound for merchant­ The purpose of this series of special vide adequate time for evaluation of any able shelled walnuts. regulations was to permit the use in comments received in response to this Dated: October 21, 1965. Alaska of certain airplanes, type cer­ proposal. tificated under Aeronautics Bulletin 7-A Although the proposed amendment to P aul A. N icholson, or the normal category of Part 4a, at FAR Part 91 as set forth in this notice Deputy Director, takeoff weights greater than the maxi­ is, consistent with SFAR 12, limited to Fruit and Vegetable Division. mum certificated takeoff weights deter­ air carriers and the Department of In­ [F.R. Doc. 65-11496; Filed, Oct. ^26, 1965; mined during type certification. The terior the Agency would appreciate com­ 8:45 a.m.] original justification for this special ments from interested parties addressed treatment was basically that— to the need for, and\the desirability of, (1) The airplane is the most suitable, extending the scope of this proposal to and in some cases the only, means of commercial operators or other persons, FEDERAL AVIATION AGENCY transportation in Alaska; operating in Alaska. I 14 CFR Part 91 1 (2) The sparsely settled nature of In consideration of the foregoing, it Alaska makes it necessary to carry suffi­ is proposed to amend Part 91 of Chapter [Docket No. 6986; Notice No. 65-31] cient fuel to fly to the destination and I of Title 14 of the Code of Federal Reg­ INCREASED MAXIMUM CERTIFICATED return and also emergency equipment ulations, by inserting the following new not required in other operations, thereby section after § 91.37: WEIGHTS FOR CERTAIN AIRPLANES decreasing the potential payload in WHEN OPERATED IN ALASKA BY certain older airplane types to an un­ § 91.38 Increased maximum certificated AIR CARRIERS AND BY THE DE­ economical level; takeoff weights for certain airplanes PARTMENT OF INTERIOR (3) Due to the terrain normally operated in Alaska. traversed the affected airplanes can be (a) Notwithstanding any other provi­ Notice of Proposed Rule Making flown a large part of the time under sion of the Federal Aviation Regulations, The Federal Aviation Agency is con­ optimum performance conditions; the Administrator will, as provided in sidering amending Part 91 of the Federal (4) The strength requirements of this section, approve an increase in the Aviation Regulations to include therein many of the affected airplanes have been maximum certificated takeoff weight of the provisions of present Special Federal reinforced by the operators and in many an airplane type certificated under Aero­ Aviation Regulation (SFAR) 12 (for­ cases more powerful engines liave been nautics Bulletin No. 7-A of the U.S. merly Special Civil Air Regulation SR installed; and \ Department of Commerce dated January 399D). This SFAR permits air carriers (5) Due to the fact that limited acro­ 1,1931, as amended, or under the normal (including air taxi operators) and the batic maneuvers were allowed for all air­ category of Part 4a of the Civil Air Reg­ Department of Interior, when operating planes type certificated under Aeronau­ ulations, if that airplane is operated in within Alaska, to obtain increases in the tics Bulletin 7-A or under the normal the State of Alaska by— maximum certificated weight 'for air­ category of Part 4a the strength require­ (1) An air taxi operator or other air craft type certificated under former CAR ments of these regulations required carrier ; or 4a or Aeronautics Bulletin No. 7-A somewhat higher load factors than those (2) The U.S. Department of Interior (issued by the Department of Commerce required under the normal category of in conducting its game and fish law en­ dated January 1,1931, as amended). former CAR 3. forcement activities or its management, interested persons may participate in Each of the special regulations in this fire detection, and fire suppression ac­ the proposed rule making by submitting series contained limitations on the in­ tivities concerning public lands. such written data, views, or arguments crease in maximum certificated takeoff (b) The maximum certificated take­ '-hey may desire. Communications weight that could be approved that are off weight approved under this section should identify the regulatory docket or basically the same as the limitations may not exceed— notice number and be submitted in presently contained in SFAR 12. That (1) 12,500 pounds; duplicate to the Federal Aviation Agency, is, the maximum certificated takeoff (2) 115 percent of the maximum P®ce of the General Counsel, Attention: weight could not exceed (1) 12,500 weight listed in the FAA Aircraft Spec­ r ~ es, Docket, 800 Independence Avenue pounds; (2) 115 percent of the maximum ifications; «w., Washington, D.C., 20553. All cor­ weight listed in the FAA Aircraft Speci­ (3) The weight at which the airplane respondence received on or before De- fication; (3) the weight at which the air­ meets the positive maneuvering load ember 28,1965, will be considered by the plane meets the positive maneuvering dministrator prior to taking action on load factor requirement for the normal 1 See F.R. Doc. 65-11402, Title 14, Chapter e ProPosed amendment. The proposal category specified in FAR § 23.337 (for­ I, In Rules and Regulations Section, supra.

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13652 PROPOSED RULE MAKING

factor requirement for the normal cate­ sharing of private microwave systems is entities whose communications circuits gory specified in § 23.337 of this chap­ desirable. would run essentially over the same ter ; or 4. The Central Committee on Com­ routes. In these situations, the alterna­ (4) The weight at which the airplanemunications Facilities of the American tive to sharing, is the establishment of meets the climb performance require­ Petroleum Institute (API) has filed a essentially parallel systems. Parallel ments under which it was type certifi­ petition (RM-533) asking for reconsid­ systems, by their nature, raise serious cated. eration of the above-described policy on questions of economic waste, frequency (c) In determining the maximum cooperative arrangements of private mi­ over-use and potential future frequency certificated takeoff weight the Admin­ crowave systems. It requests that per­ congèstion, and also problems associated istrator considers the structural sound­ sons eligible in the Petroleum Radio with scarcity of tower sites in many ness of the airplane and the terrain to Service, as well as organizations whose areas. Also, the costs involved seem to be traversed. rates and services are regulated by a limit construction of separate private (d) The maximum certificated takeoff governmental body, be permitted to microwave systems by many small com­ weight determined under this section is share microwave frequencies. In sup­ panies while pooling of resources by two added to the airplane’s operation limita­ port of its request, API states, among or more such companies would enable tions and is identified as the m aximum other things, that the petroleum indus­ them to have the benefit of microwave weight authorized for operations within try, prior to the Commission’s decision communications, especially in remote the State of Alaska. in Docket 11866, had established exten­ areas where common carrier facilities This amendment is proposed under sive microwave communications systems may not be available. For these reasons, the authority of sections 313(a), 601, mostly in remote areas; that many of it appears that the present restrictions 603, and 604 of4he Federal Aviation Act those systems were established and op­ on cooperative sharing of private micro­ of 1958 (49 U.S.C. 1354(a), 1421, 1423, erated on a cooperative basis by two or wave systems may not be compatible and 1424). more petroleum companies engaged in with the development of private micro- Issued in Washington, D.C., on Octo­ similar activities in essentially the same wave systems and with the fuller utiliza­ ber 21,1965. geographic areas, and that expansion of tion of microwave frequencies in the C. W. Walker, such systems may now be made only by Safety and Special Radio Services. Acting Director, construction of separate and often paral­ 7. Thus, it appears that it may be de­ Flight Standards Service. lel facilities; that, in the petroleum in­ sirable to remove the limitations im­ dustry, it is common for two or more IF.R. Doc. 65-11493; Filed, Oct. 26, 1965; posed in Docket 11866 on sharing of pri­ 8:45 a.m.] companies to engage in exploration, drill­ vate microwave systems so as to permit ing, refining, and pipelining activities in all persons eligible in the same radio the same geographic area, often jointly, service to share a microwave radio sys­ and to require such companies to con­ tem. In addition, we think that it may FEDERAL COMMUNICATIONS struct and operate separate point-to-- be also desirable to permit cross-service point communications systems is unrea­ sharing for public safety organizations COMMISSION sonable'; and that, under our current and for enterprises whose rates and serv­ policy permitting sharing by right-of- ices are regulated by a governmental au­ I 47 CFR Paris 87, 89, 91, 93 1 way companies, two or more petroleum thority or body. This proposed wider [Docket No. 16218, RM-533; FCC 65-943] companies may share a microwave sys­ (cross-service) sharing for public safety tem in connection with the operation of organizations and for regulated indus­ EXPANDED COOPERATIVE SHARING pipelines but not in connection with their tries may result in more direct benefit OF OPERATIONAL FIXED STA­ other petroleum activities—a distinction to the public as taxpayers and ratepayers. TIONS which is unreasonable, unrealistic and Cross-service sharing, however, would be often difficult to make. API further permitted only on frequencies available Notice of Proposed Rule Making states that private microwave communi­ to all participants in order to preserve 1. Notice is hereby given in the above- cations systems have not had an adverse thfr eligibility basis for the use of fre­ entitled matters. economic impact on common carriers quencies. Thus, for example, the sharing 2. In its Report and Order in Docket and alleges that increased sharing of of frequencies between persons eligible 11866, In the Matter of Allocation of Fre­ microwave systems also would not ad­ in the Business Radio Service and per­ quencies above 890 Mc/s, 27 FCC 359 versely affect common carriers. No sons eligible in any other service would (1959), the Commission limited the co­ pleadings, in support of or in opposition be authorized on frequencies above 10,- operative sharing of point-to-point pri­ to this petition, have been filed. 000 Mc/s; control and repeater circuits vate communication systems using fre­ 5. In the past several years, the Com­ on the commonly available frequencies quencies above 890 Mc/s to public safety mission has considered a number of re­ in the 952-960 Mc/s band and fixed sta­ organizations, the so-called right-of-way quests for ad hoc exceptions to its policy tions on commonly available frequencies companies, and to organizations whose regarding cooperative arrangements. In in the 72-76 Mc/s band would also be rates and services are regulated by a these cases, the alternative to sharing shared. However, sharing of fixed sta­ governmental entity. Prior to that de­ arrangements was construction of sepa­ tions operating on normally mobile fre­ cision, private users, to the extent that rate communications systems by com­ quencies which are not commonly avail­ they were permitted to use microwave monly owned companies (i.e., companies able to the various services (25-50, 150- frequencies for private communications of more than 50 percent common owner­ 170 or 450-470 Mc/s) would not be systems, were permitted to share such ship), or the construction of parallel permitted. systems with other persons eligible in the systems by companies not under common 8. Accordingly, we are asking for com­ same radio service. When the policy of ownership, or other entities, in situations ments concerning our proposal to amend limiting the shared use of private micro- where such parallel systems would be Parts 87, 89, 91 and 93 of our rules to wave systems was adopted, the Commis­ impractical because of the cost consid­ permit persons eligible in the same Pub­ sion stated that the number of cases erations or because sufficient tower sites lic Safety Industrial and Land Trans­ where sharing would be permitted would were not available. portation Service and persons eligible be sufficiently reasonable to provide a 6. On the basis of our experience thus for operational stations in the Aviation basis upon which to make meaningful far with our administration of private Service to share the use of a fixed sta­ observations as to the desirability and microwave systems, it appears that the tion on a nonprofit, cooperative basis. impact of cooperative arrangements. problems raised in the API petition and In addition, we are asking for comments 3. Sufficient time has now elapsed and in the ad hoc cases, described above, are on our proposal to permit public safety neither unique nor unusual, but flow organizations (i.e., police, fire, highway, enough information concerning the de­ generally from the present policy re­ forestry-conservation, local govern­ velopment of private microwave systems stricting sharing of private microwave ment), and organizations whose rates and on cooperative arrangements has systems. Further, it would seem that, and services are regulated by a govern­ been brought to our attention to indi­ generally speaking, cooperative sharing mental body to share a station witn cate that a reappraisal of our policy on may be practical between two or more other persons in the foregoing categories

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 PROPOSED RULE MAKING 13653 eligible for authorizations in different this chapter may make cooperative use The licensee may institute the service de­ radio services if the frequencies to be of such licensed facilities under the con­ scribed in such notification thirty days used are commonly available to all par­ ditions and subject to the limitations after filing unless the Commission during ticipants. specified in this section. that period notifies the licensee that the 9. In addition, the Commission has (b> Such licensed facilities may be co­ information supplied is inadequate or considered the possibility of proposing operatively used and shared only by: (1) that the proposed service is not author­ to require licensees of fixed station fa­ Persons licensed or eligible to be licensed ized under these regulations, and the cilities to render service to others, if re­ within the same radio service; or by (2) licensee shall then have the right to quested, on a cooperative, cost sharing government entities, units or subunits, or amend or to file another notification to basis, if the system has excess capacity. enterprises whose rates and services are remedy the inadequacy or defect and to However, we are not aware of any prob­ regulated by a governmental authority institute service thirty days thereafter, lems in this area where licensees have or body, regardless of whether such en­ or at such earlier date as the Commis­ refused without valid reasons to permit tities, units, subunits or enterprises are sion may set upon finding that the in­ others to share their facilities. Thus, licensed or eligible to be licensed within adequacy or defect has been remedied. we are not proposing in this notice to the same radio service. (h) Each licensee sharing its facilities adopt such a requirement. However, we (c) Facilities to be used cooperatively under this section shall file an annual re­ are asking specifically for comments on pursuant to this section may be licensed port with the Commission within ninety this matter. to any one of the participants in their days of the close of its fiscal year con­ 10. Tq maintain control over coopera­ use or to a cooperative enterprise wholly taining: tive sharing of private point-to-point owned by such participants. A cooper­ (1) A financial Statement of opera­ communications systems, our proposed ative enterprise shall be eligible for a li­ tions during the preceding fiscal year in rules would require prior review of all cense under Part 87, 89, 91, or 93 of this sufficient detail to show compliance with cooperative arrangements by the Com­ chapter if all of those holding an owner­ the requirements of this section; mission before they are put into effect, ship interest in it or participating in the (2) The names of those who have would require the licensee to file an use of its facilities are eligible for a li­ shared the use of the facilities during annual financial statement showing how cense in the same radio service as that in the preceding fiscal year; the costs of the system are prorated and which the cooperative enterprise applies (3) A brief statement as to the use of paid by each participant, and a state­ for a license. the facilities made by each person shar­ ment on how the system is used by each (d) The cooperative use of licensed fa­ ing the use and an estimate of the ap­ participant. A sample of the precise cilities is authorized only on frequencies proximate percentage of use by each par­ proposed rules is set forth below. for which all participants would be sep­ ticipant during the preceding fiscal year; 11. The proposed amendments of the arately eligible for assignment. and rules are issued pursuant to authority (e) Licensed facilities may be coop­ (4) Any change in the items previ­ contained in sections 4(i) and 303 of the eratively used under this section only (1) ously reported to the Commission con­ Communications Act of 1934, as without charge to any of the participants cerning such facilities or their use in the amended. in its use, or (2) on a nonprofit cost-shar­ application for the license or in a noti­ 12. Pursuant to applicable procedures ing basis pursuant to a written contract fication under this section. set forth in § 1.415 of the Commission’s between the parties involved which pro­ (i) This section authorizes the shar­ rules, interested persons may file com­ vides that the licensee shall have control ing of facilities of fixed stations using ments on or before December 29, 1965, of the licensed facilities and that contri­ mobile frequencies in the 25-50, 150-173, and reply comments on or before Janu­ butions to capital and operating expenses and 450-470 Mc/s bands on a secondary ary 28, 1966. All relevant and timely are accepted only on a cost-sharing non­ basis only by persons all of whom are li­ comments and reply comments will be profit basis, prorated equitably among all censed or are eligible to be licensed in considered by the Commission before participants using the facilities. the same radio service. final action is taken in this proceeding. (f) Each licensee sharing its facilities (j) This section supersedes §§89.13, In reaching its decision in this proceed­ under this section shall maintain rec­ 91.6 and 93.3 with respect to the coopera­ ing, the Commission may also take into ords showing the cost of the facilities and tive use and sharing of all licensed fa­ account other relevant information be­ their operation and use, the charges cilities referred to in paragraph (a) of fore it, in addition to the specific com­ made to and payments made by each of this section. ments invited by this notice. those using the facilities or contributing [F.R. Doc. 65-11520; Filed, Oct. 26, 1965; 13. In accordance with the provisions to their capital cost or operating expense, 8:47 a.m.] of § 1.419 of the Commission’s rules, an and the information specified below, and original and 14 copies of all statements, such records shall be available for in­ briefs or comments filed shall be fur­ spection by the Commission. bished the Commission. (g) Each licensee sharing its facilities FEDERAL MARITIME COMMISSION Adopted: October 20, 1965. under this section shall file a notification [ 46 CFR Part 531 1 with the Commission thirty days prior Released: October 21, 1965. to the Use of its facilities by any other [Docket No. 65-37J F ederal Communications person that has not been specified in its FILING PROJECT RATES Commission,1 license application or in a prior notifica­ tion to the Commission containing the Proposed Special Permission [seal] B en F. Waple, Requirements Secretary. following information: (1) Name and description of the Take notice that in accordance with pie following rules would be incorpo­ licensee; rated appropriately in Subpart M, Part the provisions of section 4, Administra­ 87 and in Parts 89, 91, and 93 of the (2) Call sign of the station; tive Procedure Act (5 USC 1003) and sec­ Commission’s rules. (3) The radio service in which the sta­ tion 2 of the Intercoastal Shipping Act, tion is licensed; 1933 (46 USC 844), the Federal Maritime § ~ ' Cooperative use of fixed radio (4) The names of all prospective par­ Commission is considering amending facilities. ticipants in the cooperative use of the Rule 7 of its Tariff Circular No. 3 (46 (a) Licensees and persons eligible station and a description of each partic­ CFR 531.7), for the purpose of establish­ Become licensees of operational fix ing provisions which would require a ipant sufficient to show its eligibility for common carrier by water in the domestic operational land or operational mol participation under this section and its stations under Part 87, or of operatio: offshore trades to file an application for uxed stations under Part 89, 91, or 93 eligibility to use the frequencies assigned special permission by the Federal Mari­ to the station; and time Commission before establishing Commissioners Hyde and Lee absent. (5) A copy of the contract between the project rates in its tariff (s), , flUr!?ng statement of Commissioner Bart- parties for the cooperative use of the A “project rate” is a reduced rate on y nxed as part of original document. facilities. the materials and equipment to be em-

FEDERAL REGISTER, VOL. 30. NO. 208— WEDNESDAY, OCTOBER 27, 1965 13654 PROPOSED RULE MAKING ployed by the shipper or consignee in the productive enterprise or service facility. are to apply and a notation that they construction or development of a certain The materials and equipment to which will apply only where the shipper signs named facility used in manufacturing project rates apply may not be shipped a statement on the bill of lading to the processes, the exploitation of natural for the purpose of resale. resources (including agriculture), or effect that the materials to be trans­ other productive enterprise or service § 531.7 Commodity rates. ported under the project rates will not be * * * * * resold at destination or otherwise placed facility. The materials and equipment in commercial channels for resale, and to which project rates apply may not be (e) Project rates. Project rates may(6) a statement that all commodities to shipped for the purpose of resale. not be filed unless the carrier applies for which the project rate is applicable will This proposed rule would require that and receives special permission to file take the project rate and no other. the application for special permission such rates under § 531.14. The applica­ include specific information and meet tion for special permission shall include: Interested parties may participate in specific standards set forth below. (1) A recitation of the economic justifi­ this rulemaking proceeding by submit­ Sections 531.0 and 531.7 of Title 46, cation for the project rates and the esti­ ting an original and 15 copies of written CFR, would be amended by the addi­ mated period of time during which the statement, data, views, or arguments per­ tion of new paragraphs, § 531.0 (n) and rates are to be.effective, (2) a demonstra­ taining thereto to the Secretary, Federal § 531.7(e), as follows: tion that the rates would meet at least Maritime Commission, Washington, D.C., § 531.0 Definitions. out-of-pocket costs and pay a share of 20573. All communications received within 30 days of the publication of this * * * * * the voyage costs, (3) a statement that the project rates would be available to notice in the F ederal R egister will be (n) “Project Rate”: A reduced rate onall similarly situated shippers, (4) a cer­ considered. the materials and equipment to be em­ tification that all known competitors By order of the Commission. ployed by the shipper or consignee in the have been served a copy of the applica­ construction or development of a certain tion including the names of the competi­ [ seal] Thomas Lisi, named facility used in manufacturing tors so served, (5) a specimen of the Secretary. processes, the exploitation of natural re­ proposed tariff page which includes a list IF.R. Doc. 65-11515; Filed, Oct. 26, 1965; sources (including agriculture), or other of commodities to which the project rates 8:47 a.m.]

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13655

Notices

6. Automobiles. Automobiles arriving on structed or installed in accordance with department o f t h e t r e a s u r y the same mode of conveyance on the same the applicable requirements and the de­ date as the passenger shall be considered as tails described in the specific approval. Bureau of Customs accompanying the passenger. If a specific item when manufactured 7. Baggage arriving ahead of, or after the does not comply with the details in the [TJD. 56517] arrival of the passenger. Baggage, or bag­ gage shipped as freight, which arrives ahead approval, then such item is not consid­ RETURNING RESIDENTS of, or after the passenger, shall be treated as ered to have the Commandant’s ap­ accompanying the passenger if (a) it arrives proval, and the certificate of approval Circular on Policy on Accompanying on the same mode of conveyance as the pas­ issued to the manufacturer does not ap­ Baggage senger arrives, and (b) it is clear from the ply to such modified item. For example, circumstances that the passenger intended if an item is manufactured with changes Section 1(b) of Public Law 89-62 re­ such baggage to arrive with him at the same in design or material not previously ap­ quires that articles acquired abroad must time and on the same carrier and that it did proved, the approval does not apply to accompany a returning resident to be not through no fault of his own. Since there permitted within his exemption. are a number of possible and legitimate rea­ such modified item. sons why a passenger’s baggage may pre­ 3. After a manufacturer has submitted The appended Circular BAG-5-CO of cede or follow him at the port of arrival, the satisfactory evidence that a particular September 24,1965, establishes guidelines Bureau does not propose, at this time, to es­ item complies with the applicable laws for implementation of section 1(b) of tablish specific conditions which must be and regulations, a Certificate of Approval. Public Law 89-62. satisfied in order for such baggage to be con­ (Form CGHQ-10030) will be issued to sidered as accompanying. However, customs [seal] Lester D. J ohnson,, officers shall use care and good judgment in the manufacturer certifying that the Commissioner of Customs. m a k in g such determinations in order to in­ item specified complies with the appli­ Approved: October 19, 1965. sure that a returning resident does not lose cable laws and regulations and approval the exemptions to which he is entitled simply is given, which will be in effect for a True Davis, because, inadvertently, his baggage precedes period of 5 years from the date given Assistant Secretary or follows his arrival. unless sooner canceled or suspended by of the Treasury. 8. Notice to carriers and public. Please proper authority. [Circular: BAG-5-CO] bring the contents of this circular to the 4. The purpose of this document is to attention of carriers and the traveling public. notify all concerned that certain ap­ Treasury Department, 9. Effective date. These instructions are Bureau op Customs, effective at 12:01 a.m., local time, October 1, provals were granted or terminated, as Washington, D.C., September 24,1965. 1965. described in this document, during the Lester D. J ohnson, period from May 1, 1965, to July 18, To: Collectors oí Customs. Subject: Baggage; Policy on Accompanied Commissioner of Customs. 1965 (List Nos. 14-65, 15-65, 16-65, and Baggage. [P.R. Doc. 65-11506; Filed, Oct. 26, 1965; 17-65). These actions were taken in References: Public Law 89—62 (TJD. 56449); 8:46 a.m.] accordance with procedures set forth in Item 813.30, TSUS. 46 CFR 2.75-1 to 2.75-50, inclusive. 1. Purpose. This circular establishes 5. The delegations of authority for the policy guidelines for implementation of sec­ Coast Guard Coast Guard’s actions with respect to tion 1(b) of Public Law 89-62 (TJD. 56449) approvals may be found in section 632 insofar as that section requires that articles [CGFR 65-41] acquired abroad must accompany a return­ of Title 14, U.S. Code, and in Treasury ing resident in order to be included within EQUIPMENT, INSTALLATIONS, OR Department Orders 120, dated July 31, the allowable exemption. MATERIALS 1950 (15 F.R. 6521), 167-14 dated No­ 2. Background. Public Law 89-62 amend­ vember 26, 1954 (19 F.R. 8026), 167-15 ed Item 813.30, Tariff Schedules of the United Approval and Termination of dated January 3, 1955 (20 F.R. 840), States, to require that articles acquired Approval Notice 167-20 dated June 18, 1956 (21 F.R. abroad by a returning resident must accom­ 4894), CGFR 56-28, dated July 24, 1956 pany such person in order to be included 1. Various items of lifesaving, fire­ within their exemption. In order to insure (21 F.R. 5659), or 167-38, dated October as much uniformity as possible in the inter­ fighting, and miscellaneous equipment, 26, 1959 (24 F.R. 8857), and the statutory pretation of this requirement, and pending installations, and materials used on mer­ authority may be found in R.S. 4405, as final rulings by the Bureau that will be in­ chant vessels subject to Coast Guard in­ amended, 4462, as amended, 4488, as corporated in the Customs Regulations, col­ spection or on certain motorboats and amended, 4491, as amended, secs. 1, 2, 49 lectors of customs will be guided by the other pleasure craft are required by Stat. 1544, as amended, sec. 17, 54 Stat. following instructions. 166, as amended, sec. 3, 54 Stat. 346, as 3. General policy. Articles acquired law and various regulations in 46 CFR abroad shall be considered as accompanying Chapter I to be of types approved by the amended, sec. 3, 70 Stat. 152 (46 U.S.C. a returning resident if such articles arrive 375, 416, 481, 489, 367, 526p, 1333, 390b), Commandant, U.S. Coast Guard. The sec\ 4(e), 67 Stat. 462 (43 U.S.C. 1333 (e)), on the same vessel, vehicle, or aircraft on the procedures governing the granting of ap­ same date as the returning resident arrives. or sec. 3(c), 68 Stat. 675 (50 U.S.C. 198), 4. Baggage shipped as freight. Baggage provals, and the cancellation, termina­ and implementing regulations in 46 CFR shipped as freight on a bill of lading or air­ tion or withdrawal of approvals are set Chapter I. way bill shall be considered as accompanying forth in 46 CFR 2.75-1 to 2.75-50, in­ 6. In Part I of this document are listed the passenger if it arrives on the same vessel, clusive. For certain types of equipment, vehicle, or aircraft on the same date as the the approvals granted which shall be in owner arrives, and articles acquired abroad installations, and materials, specifica­ effect for a period of 5 years from the which are contained therein may properly be tions have been prescribed by the Com­ dates granted, unless sooner canceled or considered as accompanying the returning mandant and^are published in 46 CFR suspended by proper authority. resident. Parts 160 to 164, inclusive (Subchapter 7. In Part II of this document are ah* Precleared articles. Articles acquired broad which are contained in baggage, or in Q—Specifications), and detailed pro­ listed the approvals which have been aggage shipped as freight, shall be con- cedures for obtaining approvals are also terminated. Notwithstanding this ter­ uered as accompanying' the passenger if described therein. mination of approvals of the items of L?s®nted at the time the passenger is in- 2r The Commandant’s approval of a equipment as listed in Part II such equip­ pected at an established preclearance sta­ specific item is intended to provide a ment may be used so long as such equip­ ffs? ,?nc* is han<* carried, checked or mani- conveyance taking the passen­ control over its quality. Therefore, such ment is in good and serviceable condi­ ger to the United States. approval applies only to the item con­ tion.

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13656 NOTICES

P art I—Approvals of Equipment extension of Approval No. 160.015/81/0 BUOYANT VEST, KAPOK OR FIBROUS GLASS, I nstallations, or Materials dated June 21, 1960.) ADULT AND CHILD

BUOYS, LIFE, RING, CORK OR BALSA WOOD LIFEFLOATS N o t e : Approved for u s e on motorboats of Classes A, 1, or 2 not carrying passengers for Approval No. 160.009/37/1, 30-inch Approval No. 160.027/61/0, 7.0' x 3.16' hire. balsa wood ring life buoy, dwg. No. (9" x 9" body section) rectangular life- 5-10-51, revised April 5, 1955, manufac­ float, fibrous glass reinforced plastic Approval No. 160.047/327/0, Type I, tured by Atlantic-Pacific Manufacturing (F.R.P.) shell with unicellular polyure­ Model AK-1, adult kapok buoyant vest, Corp., 124 Atlantic Avenue, Brooklyn, thane foam core, 10-person capacity, U.S.C.G. Specification Subpart 160.047^ N.Y., 11201, effective June 17, 1965. (It dwg. No. 21968, dated February 1, 1965, manufactured by Style-Crafters, Inc.,’ is an extension of Approval No. and revised March 29, 1965, manufac­ Box 8277, Station A, Greenville, s.C./ 160.009/37/1 dated June 22, 1960.) tured by Atlantic-Pacific Manufacturing 29604, effective May 17, 1965. (It is an Corp., 124 Atlantic Avenue, Brooklyn, extension of Approval No. 160.047/327/0 GAS MASKS, SELF-CONTAINED BREATHING dated June 21, 1960.) APPARATUS, AND SUPPLIED-AIR RESPIRATORS N.Y., effective June 22, 1965. Approval No. 160.027/62/0, 7.5' x 4.0' Approval No. 160.047/328/0, Type I, Approval No. 160.011/34/0, M-S-A (10.5" x 10.0" body section) rectangular Model CKM-1, child kapok, buoyant vest, Model SW All-Service Gas Mask, Part lifefloat, fibrous glass reinforced plastic U.S.C.G. Specification Subpart 160.047, No. 86211 having the Oval Model SW (F.R.P.) shell with unicellular polyure­ manufactured by Style-Crafters, Inc., Window-Cator Canister and the All- thane foam core, 15-person capacity, Box 8277, Station A, Greenville, S.C.| Vision Facepiece Assembly, or Part No. dwg. No. 21969, dated February 1, 1965, 29604, effective May 17, 1965. (It is an 86212 having the Oval Model, SW Win­ and revised March 29, 1965, manufac­ extension of Approval No. 160.047/328/0 dow-Cator Canister and the All-Vision tured by Atlantic-Pacific Manufacturing dated June 21,1960.) Speaking Diaphragm Facepiece As­ Corp., 124 Atlantic Avenue, Brooklyn, Approval No. 160.047/329/0, Type I, sembly which may be used in conjunc­ N.Y., effective June 22, 1965. Model CKS-1, child kapok buoyant vest, tion with the M-S-A Maskfone, or Part Approval No. 160.027/63/0, 9.0' x 5.1' U.S.C.G. Specification Subpart 160.047, No. 86218 having the Oval Model SW (12l/z" x 12" body section) rectangular manufactured by Style-Crafters, Inc., Window-Cator-Canister and the Clear- lifefloat, fibrous glass reinforced plastic Box 8277, Station A, Greenville, S.C., vue Facepiece Assembly; Bureau of (F.R.P.) shell with unicellular polyure­ 29604, effective May 17, 1965. (It is an Mines Approval No. BM-U4F-66A; dwg. thane foam core, 25-person capacity, extension of Approval No. 160.047/329/0 Nos. B-86211 (Rev. 3), dated October dwg. No. 21970, dated February 1, 1965, dated June 21,1960.) 23, 1963, and C-86218 (Rev. 3>, dated and revised March 29, 1965, manufac­ Approval No. 160.047/354/0, Type I, October 23, 1963, manufactured by Mine tured by Atlantic-Pacific Manufacturing Model AK-1, adult kapok buoyant vest, Safety Appliances Co., 201 North Brad- Corp., 124 Atlantic Avenue, Brooklyn, U.S.C.G. Specification Subpart 160.047, dock Avenue, Pittsburgh, Pa., 15208, ef­ N.Y., effective June 22, 1965. manufactured by Elvin Salow Co., 273- fective June 4, 1965. 285 Congress Street, Boston, Mass., 02210, Approval No. 160.011/38/0, M-S-A, DAVITS effective June 11, 1965. (It is an exten­ Ammonia Mask, Part No. 84869 having Approval No. 160.032/161/0, gravity sion of Approval No. 160.047/354/0 dated the Oval Ammonia Canister and the davit, Type LO-90-8, approved for a June 21, 1960.) Clearvue Facepiece Assembly, or Part maximum working load of 19,000 pounds Approval No. 160.047/355/0, Type I, No. 86199 having the All-Vision Face- per set (9,500 lbs. per arm), using 2jpart Model CKM-1, child kapok buoyant vest, piece Assembly, or Part No. 86200 having falls, identified by arrangement dwg. No. U.S.C.G. Specification Subpart 160.047, the All-Vision Speaking Diaphragm As­ 3737-R, dated December 23, 1958, and manufactured by Elvin Salow Co., 273— sembly which may be used in conjunc­ revised October 8, 1959, manufactured 285 Congress Street, Boston, Mass., 02210, tion with M-S-A Maskfone; Bureau of by Welin Davit and Boat Division of effective June 11, 1965. (It is an exten­ Mines Approval No. BM-14F-58; dwg. Continental Copper & Steel Industries, sion of Approval No. 160.047/355/0 dated Nos. C-84869 (Rev. 1), dated November Inc., Perth Amboy, N.J., 08862, effective June 21, 1960.) 6,1961, and B-86197 (Rev. 2), dated May May 17, 1965. (It is an extension of Approval No. 160.047/356/0, Type I, 13, 1964, manufactured by Mine Safety Approval No. 160.032/161/0 dated June Model CKS-1, child kapok buoyant vest, Appliances Co., 201 North Braddock Ave­ 21, 1960.) U.S.C.G. Specification Subpart 160.047, nue, Pittsburgh, Pa., 15208, effective June manufactured by Elvin Salow Co., 273— 4,1965. LIFEBOATS 285 Congress Street, Boston, Mass., 02210, effective June 11, 1965. (It is an exten­ HATCHETS (LIFEBOAT AND LIFERAFT) Approval No. 160.035/300/3, 24.0' x 8.0' x 3.5' aluminum, motor-propelled (Die­ sion of Approval No. 160.047/356/0 dated Approval No. 160.013/3/2, No. 425-C sel 6-knot) lifeboat, without radio cabin June 21, 1960.) Bridgeport Belt Axe, dwg. No. D-791, (Class B), 37-person capacity, identified Approval No. 160.047/357/0, Type I, dated December 15, 1959, and revised by construction and arrangement dwg. Model AK-1, adult kapok buoyant vest, June, 8, 1965, manufactured by the No. 24-9H, revision E, dated April 14, U.S.C.G. Specification Subpart 160.047, Bridgeport Hardware Manufacturing 1965, manufactured by Marine Safety manufactured by Billy Boy Products, Corp., Bridgeport, Conn., 06605, effective Equipment Corp., foot of Paynter’s Road, Inc., Quincy, Mich., 49082, effective June 9, 1965. (It supersedes Approval Farmingdale, N.J., 07727, effective July June 11, 1965. (It is an extension of No. 160.013/3/1 dated June 21, 1960.) 12, 1965. (It supersedes Approval No. Approval No. 160.047/357/0 dated June 160.035/300/2 dated Jan. 18, 1965, to 21,1960.) WINCHES, LIFEBOAT show change in construction.) Approval No. 160.047/358/0, Type I, Approval No. 160.015/81/0, Type B135- Model CKM-1, child kapok buoyant vest, B-M lifeboat winch, approved for a LINE-THROWING APPLIANCE, IMPULSE-PRO­ U.S.C.G. Specification Subpart 160.047, maximum working load of 13,500 pounds JECTED ROCKET TYPE (AND EQUIPMENT) manufactured by Billy Boy Products, pull at the drums (6,750 lbs. per fall), Approval No. 160.040/1/5, Model GRr- Inc., Quincy, Mich. 49082, effective June identified by general arrangement dwg. 52-A impulse-projected rocket-type line­ lli 1965. (It is an extension of Approval Nos. 80271, revised October 30, 1959, and throwing appliance adapted for remote No. 160.047/358/0 dated June 21, I960.) 80274 dated September 21, 1959, manu­ firing, assembly dwgs. as per Drawing Approval No. 160.047/359/0, Type I, factured by Welin Davit and Boat Di­ List, dated March 29,1965, manufactured Model CKS-1, child kapok buoyant vest, vision of Continental Copper & Steel by Harvell-Kilgore Corp., Toone, Tenn., U.S.C.G. Specification Subpart 160.047, Industries, Inc., Perth Amboy, N.J., 38381, effective July 8, 1965. (It super­ manufactured by Billy Boy Products, 08862, effective May 17, 1965. (This sedes Approval No. 160.040/1/4 dated Inc., Quincy, Mich., 49082, effective June lifeboat winch to be installed so that Dec. 11, 1963, to show change in 11,1965. (It is an extension of Approval two hand cranks can be used.) (It is an construction.) No. 160.647/359/0 dated June 21, I960.)

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 hJpTIÇÇS :$6S7 Approval No. - 160.047/363/0, Type I, Approval No. 160.047/390/0, Type I, Approval No. 160.048/8/0, group ap­ Model AK-1, adult kapok buoyant Vest, Model AK-1, adult kapok buoyant vest, proval for rectangular and trapezoidal U.S.C.G. Specification Subpart 160.047, U.S.C.G. Specification Subpart 160.047, kapok buoyant cushions, U.S.C.G. Spec­ manufactured by the Howard Zink Corp., manufactured by Miltco Products Corp., ification Subpart 160.048, sizes and Fremont, Ohio, 43420, effective June 11, 139 Emerson Place, Brooklyn, N.Y., 11205, weighte of kapok filling to be as per Table 1965. (It is an extension of Approval effective June 7, 1965. (It is an exten­ 160.048- 4 (c) (1) (i) , manufactured by No. 160.047/363/0 dated June 21* 1960.) sion of Approval No. 160.047/390/0 dated Iowa Fibre Products, Inc., 2425 Dean Approval No. 160.047/364/0, Type I, June 21,1960.) Avenue, Des Moines, Iowa, 50317, for Model CKM-1, child kapok buoyant vest, Approval No. 160.047/391/0, Type I, Hawkeye Sporting Goods Co., Post Office Ü.S.C.G. Specification Subpart 160.047, Model CKM-1, child kapok buoyant vest, Box 613, Des Moines, Iowa, 50303, effec­ manufactured by the Howard Zink Corp., U.S.C.G. Specification Subpart 460.047, tive June 9, 1965. (It is an extension of Fremont, Ohio, 43420, effective June 11, manufactured by Miltco Products Corp., Approval No. 160.048/8/0 dated June 22, 1965. (It is an extension of Approval 139 Emerson Place, Brooklyn, N.Y., 1960.) No. 160.047/364/0 dated June 21, 1960.) 11205, effective June 7, 1965. (It is an Approval No. 160.048/9/0, special ap­ Approval No. 160.047/365/0, Type I, extension of Approval No. 160.047/391/0 proval for 13^" x 18" x 2" rectangular Model CKS-1, child kapok buoyant vest, dated June 21,1960.) ribbed-typed kapok buoyant cushion, 23- U.S.C.G. Specification Subpart 160.047, Approval No. 160.047/392/0, Type I, oz. kapok, dwg. No. 1, dated April 5,1955, manufactured by the Howard Zink Corp., Model CKS-1, child kapok buoyant vest, manufactured by Iowa Fibre Products, Fremont, Ohio, 43420, effective June 11, U.S.C.G. Specification Subpart 160.047, Inc., 2425 Dean Avenue, Des Moines, 1965. (It is an extension of Approval No. manufactured by Miltco Products Corp., Iowa, 50317, effective June 9,1965. (It is 160.047/365/0 dated June 21, 1960.) 139 Emerson Plaee, Brooklyn, N.Y., an extension of Approval No. 160.048/9/0 Approval No. 160.047/381/0, Type I, 11205, effective June 7, 1965. (It is an dated June 22,1960.) Model AK-1, adult kapok buoyant vest, extension of Approval No. 160.047/392/0 Approval No. 160.048/10/0, special ap­ U.S.C.G. Specification Subpart 160.047, dated June 21,1960.) , proval for 13Y2 " x 18" x 2" rectangular manufactured by Iowa Fibre Products, Approval No. 160.047/589/0, Type I, ribbed-type kapok buoyant cushion, 23- Inc., 2425 Dean Avenue, Des Moines 17, Model AK-1, adult kapok buoyant vest, oz. kapok, Iowa Fibre Products, Inc., dwg. Iowa, for Nu-Way Sporting Goods Co., U.S.C.G. Specification Subpart 160.047, No. 1, dated April 5, 1955, manufactured 708 Eighth Street, Sioux City, Iowa, manufactured by Saf-T-Mate Co., 1444 by Iowa Fibre Products, Inc., 2425 Dean 51105, effective June 17, 1965. (It is an North Mitchell Street, Cadillac, Mich., Avenue, Des Moines, Iowa, 50317, for extension of Approval No. 160.047/381/0 49601, effective June 10,1965. (It super­ Hawkeye Sporting Goods Co., Post Office dated June 21,1900.) sedes Approval No. 160.047/589/0 dated Box 613, Des Moines, Iowa, 50303, effec­ Approval No. 160.047/382/0, Type I, Apr. 23, 1965, to show correct name of tive June 9, 1965. (It is an extension of Model CKM-1, child kapok buoyant vest, manufacturer.) Approval No. 160.048/10/0 dated June 22, U.S.C.G. Specification Subpart 160.047, Approval No. 160.047/590/0, Type I, 1960.) manufactured by Iowa Fibre Products, Model CKM-1, child kapok buoyant vest, Approval No. 160.048/240/0, group ap­ Inc., 2425 Dean Avenue, Des Moines 17, U.S.C.G. Specification Subpart 160.047, proval for rectangular and trapezoidal Iowa, for Nu-Way Sporting Goods Co., manufactured by Saf-T-Mate Co., 1444 kapok buoyant cushions, U.S.C.G. Spec­ 708 Eighth Street, Sioux City, Iowa, North Mitchell Street, Cadillac, Mich., ification Subpart 160.048, sizes and 51105, effective June 17, 1965. (It is an 49601, effective June 10,1965. (It super­ weights of kapok filling to be as per Table extension of Approval No. 160.047/382/0 sedes Approval No. 160.047/590/0 dated 160.048- 4(c) (1) (i), manufactured by dated June 21, 1960.) Apr. 23, 1965, to show correct name of Saf-T-Mate Co., 1444 North Mitchell Approval No. 160.047/383/0, Type I, manufacturer.) Street, Cadillac, Mich., 49601, effective Model CKS-1, child kapok buoyant vest, Approval No. 160.047/591/0, Type I, June 10, 1965. (It supersedes Approval U.S.C.G. Specification Subpart 160.047, Model CKS-1, child kapok buoyant vest, No. 160.048/240/0 dated Apr. 23, 1965, to manufactured by Iowa Fibre Products, U.S.C.G. Specification Subpart 160.047, show correct name of manufacturer.) Inc., 2425 Dean Avenue, Des Moines 17, manufactured by Saf-T-Mate Co., 1444 Approval No. 160.048/241/0, special ap­ Iowa, for Nu-Way Sporting Goods Co., North Mitchell Street, Cadillac, Mich., proval for 13.25" x 17" x 2" rectangular 708 Eighth Street, Sioux City, Iowa, 49601, effective June 10,1965. (It super­ ribbed type buoyant cushions, 20-oz. 51105, effective June 17, 1965. (It is an sedes Approval No. 160.047/591/0 dated £apok, dwg. No. 5001, and Bill of Mate* extension of Approval No. 160.047/383/0 Apr. 23, 1965, to show correct name of rials, dated May 3 ,196§, manufactured by dated June 21, 1960.) manufacturer.) Boyce Manufacturing Co., Post Office Approval No. 160.047/387/0, Type I, Box 215, Acworth, Ga., 30101, effective Model AK-1, adult kapok buoyant vest, BUOYANT CUSHIONS, KAPOK OR June 9, 1965. (It supersedes Approval U.S.C.G. Specification Subpart 160.047, FIBROUS GLASS No. 160.048/241/0 dated May 25, 1965, to manufactured by Style-Crafters, Inc., Note: Approved for use on motorboats of show correction in specification.) Greenville, S.C., for Sears, Roebuck and Classes A, 1, or 2 not. carrying passengers for Co., 925 South Homan Avenue, Chicago, hire. BUOYANT CUSHIONS, UNICELLULAR PLASTIC FOAM HI., 60607, effective June 17, 1965. (It is Approval No. 160.048/2/0, group ap­ an extension of Approval No. 160.047/ Note: Approved for use on motorboats of 387/0 dated June 21, 1960.) proval for rectangular and trapezoidal Classes A, 1, or 2 not carrying passengers for kapok buoyant cushions, U.S.C.G. Speci­ hire. Approval No. 160.047/388/0, Type I, fication Subpart 160.048, sizes and Model CKM-1, child kapok buoyant vest, weights of kapok filling to be as per Table Approval No. 160.049/3/0, group ap­ U.S.C.G. Specification Subpart 160.047, 160.048- 4(c) (1) (i), manufactured by proval for rectangular and trapezoidal manufactured by Style-Crafters, Inc., Stearns Manufacturing Co., Division unicellular plastic foam buoyant Greenville, S.C., for Sears, Roebuck and Street at 30th, St. Cloud, Minii., 56301, cushions, U.S.C.G. Specification Subpart Co., 925 South Homan Avenue, Chicago, effective June 7, 1965. (It is an exten­ 160.049, sizes to be as per Table 160.049-4 111., 60607, effective June 17, 1965. (It is sion of Approval No. 160.048/2/0 dated (c) (1), manufactured by Atlantic-Pacific an extension of Approval No. 160.047/ June 21,1960.) Manufacturing Corp., 124 Atlantic Ave­ 388/0 dated June 21,1960.) Approval No. 160.048/7/0, group ap­ nue, Brooklyn, N.Y.,; 11201, effective' Approval No. 160.047/389/0, Type I, proval for rectangular and trapezoidal June 17,1965. ' (It is an extension of Ap­ kapok buoyant cushions, U.S.C.G. Speci­ proval No. 160.049/3/0 dated June 22, Model CKS-1, child kapok buoyant vest, 1960.) U.S.C.G. Specification Subpart 160.047, fication Subpart 160.048, sizes and weights of kapok filling to be as per Table BUOYS, LIFE, RING, UNICELLULAR PLASTIC Manufactured by Style-Crafters, Inc., 160.048- 4(c) ( 1 ) (i), manufactured by reenville, S.C., for Sears, Roebuck and Iowa Fibre Products, Inc., 2425 Déan Approval No. 160.050/23/0, 30-inch 0-, 925 South Homan Avenue, Chicago, Avenue, Des Moines, Iowa, 50317, effec­ unicellular plastic ring life buoy, U.S.C.G. ui., 60607, effective June 17, 1965. (It tive June 9, 1965. (It is an extension of Specification Subpart 160.050, manufac­ ¿ Z e?tension of Approval No. 160.047/ Approval No. 160.048/7/0 dated June 22, tured by Style-Crafters, Inc., Post Office Jo9/0 dated June 21, 1960.) 1960.) Box 8277, Station A, Greenville, S.C.,

No. 208----- 6 FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 *|OTIÇE£

29604, effective May 17, 1965. (Buoy Approval No. 160.051/24/0, inflatable Approval No. 160.052/304/0, Type II bodies are made by B. F. Goodrich liferaft, 10-person capacity, identified by Model LV-A, adult vinyl-dipped unicel­ Sponge Products Division of the B. F. general arrangement dwg. RFD-US-1048 lular plastic foam buoyant vest, dwg. No. Goodrich Co., Shelton, Conn. Rigging (Rev. 5), dated February 1, 1965, and 5581-E (Rev. 1), dated December 22, arid materials as per B. F. Goodrich Specification RFD-US-100 (Rev. 1), 1964, manufactured by Goodenow Manu­ Sponge Products Division, dwg. 12988 dated January 1, 1965, manufactured by facturing, 1301 West 18th Street, Erie (Rev. 3), dated Jan. 13, 1960.) (It is an R. F. D., Inc., Richwood, W. Va., 26685, Pa., 16502, effective June 17,1965. exterisiori of Approval No. 160.050/23/0 effective June 11, 1965. (Satisfies re­ Approval No. 160.052/305/0, Type II, dated June 21,1960.) quirements for inflatable liferaft of 1960 Model LV-M, child medium vinyl-dipped Approval No. 160.050/24/0, 24-inch Interantional Convention for Safety of unicellular plastic foam buoyant vest unicellular plastic ring life buoy, U.S.C.G. Life at Sea.) dwg. No. 5622-C (Rev. 1), dated Decem­ Specification Subpart 160.050, manufac­ ber 22, 1964, manufactured by Goodenow tured by Style-Crafters, Inc., Post Office BUOYANT VESTS, UNICELLULAR PLASTIC FOAM, ADULT AND CHILD Manufacturing, 1301 West 18th Street, Box 8277, Station A, Greenville, S.C., Erie, Pa., 16502, effective June 17, 1965.’ 29604, effective May 17, 1965. (Buoy Note: Approved for use on motorboats of Approval No. 160.052/306/0, Type H, bodies are made by B. F. Goodrich Sponge Classes A, 1, or 2 not carrying passengers for Model LV-S, child small, vinyl-dipped Products Division of the B. F. Goodrich hire. unicellular plastic foam buoyant vest, Co., Shelton, Conn. Rigging and mate-, Approval No. 160.052/98/0, Type I, dwg. No. 5623-C (Rev. 1), dated Decem­ rials as per B. F. Goodrich Sponge Prod­ Model AP, adult unicellular plastic foam ber 22,1964, manufactured by Goodenow ucts Division, dwg. 12988 (Rev. 3) , dated buoyant vest, U.S.C.G. Specification Sub­ Manufacturing, 1301 West 18th Street, Jan. 13, 1960.) (It is an extension of part 160.052, manufactured by Noble Erie, Pa., 16502, effective June 17,1965. Approval No. 160.050/24/0 dated June 21, Products Co., Post Office Box 329, Cald­ Approval No. 160.052/310/0, Type II, 1960.) well, Ohio, 43724, effective June 10, I960. Model 8241, adult, molded vinyl-dipped Approval No. 160.050/25/0, 20-inch (It is an extension of Approval No. unicellular plastic foam buoyant vest, unicellular plastic ring life buoy, U.S.C.G. 160.052/98/0 dated June 21, 1960.) dwg. No. 21967 (sheet 1), dated March Specification Subpart 160.050, manufac­ Approval No. 160.052/99/0, Type I, 20, 1965, manufactured by Atlantic-Pa­ tured by Style-Crafters, Inc., Post Office Model CPM, child unicellular plastic cific Manufacturing Corp., 124 Atlantic Box 8277, Station A, Greenville, S.C., foam buoyant vest, U.S.C.G. Specifica­ Avenue, Brooklyn, N.Y., 11201, effective 29604, effective May 17, 1965. (Buoy tion Subpart 160.052, manufactured by May 11,1965. bodies are made by B. F. Goodrich Noble Products Co., Post Office Box 329, Approval No. 160.052/311/0, Type II, Sponge Products. Division of the B. F. Caldwell, Ohio, 43724, effective June 10, Model 8243, child medium molded vinyl- Goodrich Co., Shelton, Conn. Rigging 1965. (It is an extension of Approval No. dipped unicellular plastic foam buoyant and materials as per B. F. Goodrich 160.052/99/0 dated June 21, 1960.) vest, dwg. No. 21967 (sheet 2), dated Sponge Products Division, dwg. 12988 Approval No. 160.052/100/0, Type March 20, 1965, manufactured by At­ (Rev. 3), dated Jan. 13,1960.) (It is an I, Model CPS, child unicellular plastic lantic-Pacific Manufacturing Corp., 124 extension of Approval No. 160.050/25/0 foam buoyant vest, U.S.C.G. Specifica­ Atlantic Avenue, Brooklyn, N.Y., 11201, dated June 21,1960.) tion Subpart 160.052, manufactured by effective May 11,1965. INFLATABLE LIFERAFTS Noble Products Co., Post Office Box 329, Approval No. 160.052/312/0, Type II, Caldwell, Ohio, 43724, effective June 10, Model 8242, child small, molded vinyl- Approval No. 160.Q51/15/1, inflatable 1965. (It is an extension of Approval dipped unicellular plastic foam buoyant liferaft, 8-person capacity, identified by No. 160.052/100/0 dated June 12, 1960.) vest, dwg. No. 21967 (sheet 3), dated general arrangement dwg. SPC-MM- Approval No. 160.052/263/0, Type II, March 20, 1965, manufactured by At­ 8002 (Rev. 4), dated September 18, 1964, Model No. LVD, adult unicellular plastic lantic-Pacific Manufacturing Corp., 124 and Master Record Index S.P.C.M.M./8 foam buoyant vest, Brunswick dwg. Nos. Atlantic Avenue, Brooklyn, N.Y., 11201, (Rev. 6), dated May 20, 1965, manufac­ 1 and 2 (Rev. 1), dated September 24, effective May 11,1965. tured by Switlik Parachute Co., Inc., 1325 1962, and Bill of Materials, dated Octo­ KITS, FIRST AID, FOR INFLATABLE LIFERAFTS East State Street, Trenton, N.J., 08609, ber 5, 1962, manufactured lay Brunswick effective May 25, 1965. (Satisfies re­ Approval No. 160.054/2/0, Model No. Corp., Brunswick Sports Division, Emi­ H-12 first aid Idt for inflatable liferafts, quirements for inflatable liferaft of In­ nence, Ky., 40019, for Drybak, Eminence, ternational Convention for Safety of Life dwg. No. H-12, dated January 7, 1960, Ky., 40019, effective May 26, 1965. (It manufactured by A. E. Halperin Co., Inc., at Sea.) (It supersedes Approval No. supersedes Approval No. 160.052/263/0 160.051/15/0 dated Feb. 18, 1964, to 75-87 Northampton Street, Boston 18, dated Oct. 17,1963, to show correction in Mass., effective May 17, 1965. (It is an show change in equipment.) drawing.) Approval No. 160.051/20/1, inflatable extension of Approval No. 160.054/2/0 Approval No. 160.052/264/0, Type II, dated June 21,1960.) liferaft, 25-person capacity, identified by Model No. LVDM, child medium unicel­ general arrangement dwg. SPC-MM- lular plastic foam buoyant vest, Bruns­ TELEPHONE SYSTEMS SOUND-POWERED 25002 (Rev. 4), dated September 18,1964, wick dwg. Nos. 1 and 3 (Rev. 1), dated Approval No. 161.005/53/1, sound- and Master Record Index S.P.C.M.M./25 September 24,1962, and Bill of Materials, (Rev. 6), dated June 24, 1965, manufac­ powered telephone station, selective ring­ dated October 5, 1962, manufactured by ing, common talking, 19 stations maxi­ tured by Switlik Parachute Co., Inc., Brunswick Corp., Brunswick Sports Divi­ mum, bulkhead mounting, splashproof, 1325 East State Street, Trenton, N.J., sion, Eminence, Ky., 40019, for Drybak, 08609, effective July 8, 1965. (Satisfies with separately mounted, 4", 6", 8", 10" Eminence, Ky., 40019, effective May 26, bell or cow gong bell, with relay to op­ requirements for inflatable liferaft of 1965. (It supersedes Approval No. erate externally powered audible signal 1960 International Convention for Safety 160.052/264/0 dated Oct. 17, 1963, to Model SER, dwg. No. 52 (Alt. 1), dated- of Life at Sea.) (It supersedes Approval show correction in drawing.) May 24, 1965, manufactured by Hose- No. 160.051/20/0 dated Apr. 23, 1964, Approval No. 160.052/265/0, Type II, McCann Telephone Co., Inc., 25th Street to show change in equipment.) Model LVDS, child small unicellular and Third Avenue, Brooklyn 32, N.Y., ef­ Approval No. 160JJ51/22/0, inflatable plastic foam buoyant vest, Brunswick fective June 17, 1965. (For use in loca­ liferaft, 20-person capacity, identified by dwg. No. 1 (Rev. 1), dated September 24, tions not exposed to the weather.) (it general arrangement dwg. RFD-US- 1962, and dwg. No. 4 (Rev. 2), dated supersedes Approval No. 161.005/53/0 1000 (Rev. 7), dated June 5, 1965; and February 16, 1965, and Bill of Materials dated Nov. 1, 1962, to show change m Specification RFD-US-100 (Rev. 1), dated October 5, 1962, manufactured by construction.) dated January 1, 1965, manufactured by Brunswick Corp., Brunswick Sports Divi­ SAFETY VALVES (POWER BOILERS) R. F. D., Inc., Richwood, W. Va., 26685, sion, Eminence, Ky., 40019, for Drybak, Approval No. 162.001/226/1, TyP® effective June 11, 1965. (Satisfies re­ Eminence, Ky., 40019, effective May 26, Series 1811-A, consolidated carbon steel quirements of inflatable liferaft of 1960 1965. (It supersedes Approval No. body pop safety valve, exposed spring, International Convention for Safety of 160.052/265/0 dated Oct. 17,1963, to show maximum pressure 300 and 800 p s-i * Life at Sea.) correction in drawing.) maximum temperature 650° F., dwg. N°-

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 räöftcis

315712, dated January 25,1965, approved dated Aug. 7, 1963, to show change in liquefied compressed gas, dwg. No. D - for the following sizes and type numbers: construction.) 41051, revised June 22,1960, approved for Approval No. 162.015/99/0, Model No. maximum Set pressure of 350 p.s.i., dis­ 11/," —1811 FA 21/2 " —1811 LA 11/,"—1811 GA 3 " —1811 MA B175-37 backfire flame arrester, dwg. charge capacity 15,945 cubic feet per lit» —1811 HA 4 " —1811 NA B175-37 flame arrester assembly, dated minute of air measured at 60° F. and 14.7 iyz"—1811 JA 4 " —1811 PA May 26, 1965, manufactured by the p.s.i.a., manufactured by Crosby Valve 2"—1811 KA Bendix Corp., Zenith Carburetor Divi­ and Gage Co., Wrentham, Mass., effec­ manufactured by Manning, Maxwell & sion, 696 Hart Avenue, Detroit 14, Mich., tive June 21, 1965. (It is an extension Moore, Inc., Alexandria, La., effective effective July 8, 1965. (Assembly identi­ of Approval No. 162.018/47/1 dated July July 8,1965. (It supersedes Approval No. cal to B175-23 with the exception of the 8,1960.) 162.001/226/0 dated Jan. 31, 1963.) base plate, dwg. B178-18 dated May 26, EXTINGUISHERS, SEMIPORTABLE, DRY- Approval No. 162.001/227/1, Type 1965.) CHEMICAL TYPE Series 1811-B, consolidated carbon steel VALVES, PRESSURE-VACUUM RELIEF AND Approval No. 162.032/1/0, Model S - body pop safety valve, exposed spring, SPILL iwa-vimiim pressure 300 and 800 p.s.i., 150-A, 150-lb. dry chemical nitrogen- maximum température 750° F., dwg. No. Approval No. 162.017/85/0, Figure No. cylinder operated type semiportable fire 315712, dated January 25,1965, approved 720, pressure vacuum relief valve, en­ extinguisher, assembly dwg. No. 969 for the following sizes and type numbers: closed pattern, without pressure or (Rev. 25), dated August 27, 1959, name vacuum unloader, weight loaded poppets, plate dwg. No. 1334 (Rev. 7), dated Au­ LB 1/2' '—1811 FB 2/4“ —1811 bronze parts except monel screen, 6" gust 27,1959 (Coast Guard classification: 3" —1811 MB 1 V2 ''—1811 GB inlet, 6" outlet, dwg. No. C-3136, dated Type B, Size V; and' Type C, Size V ), w '—1811 HB 4"’—1811 NB '—1811 JB 4" —1811 PB April 7, 1958, manufactured by Varec, manufactured by Ansul Chemical Co., 2"—1811 KB Inc., 2820 North Alameda Street, Post Marinette, Wis., effective June 21, 1965. Office Box 4429, Compton, Calif., effec­ (Formerly Model 150-S). (It is an ex­ manufactured by Manning, Maxwell & tive June 17,1965. (It is an extension of tension of Approval No. 162.032/1/0 Moore, Inc., Alexandria, La., effective Approval No. 162.017/85/0 dated June 21, dated June 21,1960.) July 8, 1965. (It supersedes Approval 1960.) No. 162.001/227/0 dated Jan. 31, 1963.) BROMOTRIFLUOROMETHANE-TYPE FIRE Approval No. 162.017/86/0, Figure No. EXTINGUISHING SYSTEMS Approval No. 162.001/228/1, Type 720B, pressure vacuum relief valve, en­ Series 1811-C, consolidated carbon steel closed pattern, with pressure but not Approval No. 162.035/2/1, Fyr-Fyter body pop safety valve, exposed spring, vacuum unloader, weight loaded poppets, Marine Bromotrifluoromethane (CF3Br) maximum pressure 300 and 800 p.s.i., bronze parts ¡except monel screen, 6" Type Fire Extinguishing Systems for maximum temperature 900° F., dwg. No. inlet, 6" outlet, dwg. No. C-3138, dated Hydrofoil Craft (Unmanned Spaces), 315712, dated January 25,1965, approved April 7, 1958, manufactured by Varec, typical installation dwg. No. C-9A730 for the following sizes and type numbers: Inc., 2820 North Alameda Street, Post (Rev. 1>, dated May 24, 1965, manufac­ IV2 ''—1811 PC 2fc' '— 1811 LC Office Box 4429, Compton, Calif., effec­ tured by the Fyr-Fyter Co., Post Office iya''—1811 GC 3' '—1811 MC tive June 17, 1965. (It is an extension Box 2750, Newark, N.J., 07114, effective 1/2''—1811 HC 4' '— 1811 NC of Approval No. 162.017/86/0 dated June May 27, 1965. (It supersedes Approval w '—1811 JC 4' '—1811 PC 21,1960.) No. 162.035/2/0 dated Mar. 1, 1965, to 2' '—1811 KC Approval No. 162.017/99/0, OCECO show change in component parts.) manufactured by Manning, Maxwell & Model V-130N pressure vacuum relief INCOMBUSTIBLE MATERIALS Moore, Inc., Alexandria, La., effective valve, flanged inlet, wt. load discs, alu­ July 8, 1965. (Use of 600# ASA flange minum construction, dwg. F17310, dated Approval No. 164.009/21/2, “Fiberglas is limited to 700 p.s.i. if used at 900° F.) October 36,1958; approved for 6" and 8" Insulation Types PF-334 through PF- (It supersedes Approval No. 162.001/ sizes, manufactured by the Johnston & 336”, glass wool insulation type incom­ 228/0 dated Jan. 31, 1963.) Jennings Co., OCECO Division, 4700 West bustible materials identical to those de­ Division Street, Chicago 51, 111., effective scribed in National Bureau of Standards flame arresters, backfire (for June 11,1965. Test Report No. TG10210-1624:FP2806, carburetors) dated August 9, 1949, approved in a Approval No. 162.015/40/0, Model No. SAFETY RELIEF VALVES, LIQUEFIED density of one-half to 1 pound per cubic CW 132092-R-l 10694 backfire flame COMPRESSED GAS foot, manufactured by Owens-Coming ?co!ster for carburetors, dwg. Nos. R- Approval No. 162.018/32/1, Style JO- Fiberglas Corp., Toledo, Ohio, effective, 15259 and R-110694, dated July 1, 1959, 25 safety relief valve for liquefied petro­ June 21, 1965. (It is an extension of manufactured by Curtiss-Wright Corp., leum gas and anhydrous ammonia serv­ Approval No. 164.009/21/2 dated July 19, research Division, Quehanna, Pa., effec­ ice, full nozzle type metal-to-metal seat, 1960.) tive June 4, 1965. (It supersedes Ap- 150 p.s.i. primary service pressure rating, Approval No. 164.009/59/0, “Fiberglas S a l N o . 162.015/40/0 dated Mar. 16, dwg. No. HV-60, dated September 3, TWF” and “Fiberglas TWL”, glass fi­ date )' s^ow correction in expiration 1954, approved for inlet diameters of 1 brous insulation type incombustible ma­ inch through 6 inches for a maximum set terials identical to those described in No- 162.015/44/0, Model No pressure of 300 p.s.i.g., manufactured by National Bureau of Standards Test Re­ «oil backfire flame arrester for car­ Crosby Valve and Gage Co., Wrentham, ports No. TG10210-2046 :FP3542, dated vel!?01“8’ dwg. No. 9300811, flame ar­ Mass., effective June 21, 1965. (It is an January 27, 1960, and No. TG10210-21Q: rester assembly, dated June 28, 1959 extension of Approval No. 162.018/32/1 FP3548, dated March 10, 1960, approved w o ^ ured by PurOlator Products dated June 22,1960.) in a density Of 2 to 6 pounds per cubic ¡S w 3927. Pourth Street, Wayne, Mich, Approval No. 162.018/33/1, Style JO- foot, manufactured by Owens-Corning sinn *e*June 21, 1965. (It is an exten- 35 safety relief valve for liquefied petro­ Fiberglas Corp., Toledo, Ohio, effective leum gas and anhydrous ammonia serv­ June 21,1965. (It is an extension of Ap­ June 2^ 960°)Va* N°* 162 015/44/0 dat« ice, full nozzle type metal-to-metal seat, proval No. 164.009/59/0 dated June 21, B n .1? ? ? No' 162.015/86/1, Model No 300 p.s.i. primary service pressure rat­ 1960.) -23 backfire flame arrester, assemblj ing, dwg. No. HV-61, dated September 3, Approval No. 164.009/82/0, Ultrafine, 133-60B, dated June 20, 1962 1954, approved for inlet diameters of 1 fibrous glass type incombustible material n. No. BEX 133-53B, dated Marci inch through 6 inches for a maximum set identical to that described in National . 1965, manufactured by the Bendb pressure of 300 p.s.i.g., manufactured by Bureau of Standards Test Report No. Crosby Valve and Gage Co., Wrentham, TG10210-2120:FR3651, dated June 7, orp., Zenith Carburetor Division, 69( Mass., effective June 21, 1965. (It is an 1965, approved in a range from one-half ar Avenue, Detroit 14, Mich., effectiv« extension of Approval No. 162.018/33/1 through 2 Y2 pounds per cubic foot denr orf5! *965, (Covers changes in bent dated June 22,1960.) sity, manufactured by Gustin-Bacon snn 6 and height o£ base plate.) (H Approval No. 162.018/47/1, 4" Style Manufacturing Co., Post Office Box upersedes Approval No. 162:015/86/< JQU safety relief valve for corrosive and 13126, Commerce Tower, Kansas City,

FEDERAL REGISTER, VOL. 3 0 , NO. 2 0 8 — WEDNESDAY, OCTOBER 2 7 , 1965 13660 NOTICES/!

Mo., 64199» effective June 28, 1965. have expired and are terminated, effec­ 631 and pursuant to the powers delegated (Plant: No. 7, 3031 Fiberglas Road, Kan­ tive June 21,1965. to me by Treasury Department Order No. sas City, Kans.) The Grand Rapids Manufacturing Co., 190 (Revision Nq. 2), there are trans­ Approval No. 164.Q09/84/0, Grade AAA Inc., 420 Alabama Avenue NW., Grand ferred to the Commandant, U.S. Coast “Glassbestos” woven asbestos-glass cloth Rapids 4, Mich., no longer manufactures Guard, the functions of the Secretary type incombustible material identical to certain buoyant vests and therefore Ap­ under Public Law 89-191, approved Sep­ that described in Raybestos-Manhattan proval Nos. 160.047/408/0, 160.047/409/0, tember 17,1965, pertaining to the mark­ letter, dated February 25, 1965, approved and 160.047/410/0 have expired and are ing of any sunken vessel or other obstruc­ in weights of 1.10 and 1.40 pounds per terminated, effective May 1,1965. tion existing on any navigable waters of square yard, manufactured by Ray­ the United States. bestos-Manhattan, Inc., Asbestos Textile BUOYANT CUSHIONS, KAPOK OR FIBROUS Division, Manheim, Pa., 17545, effective GLASS Dated: October 20,1965. July 9, 1965. Note: Approved for use on, motorboats of [seal] T rue Davis, Classes A, 1, or 2 not carrying passengers for Assistant Secretary of the Treasury. P art n —T erminations of Approval of hire Equipment, I nstallations, or Mate­ [F.R. Doc. 65-11508; Filed, Oct. 26, 1965; rials The Grand Rapids Manufacturing Co., 8:46 am.} LIFERAFTS Inc., 420 Alabama Avenue NW., Grand The Marine Safety Equipment Corp., Rapids 4, Mich., no longer manufactures [Order 167-69] foot of Paynter’s Road, Farmingdale, a particular buoyant vest and therefore N.J., 07727, no longer manufactures a Approval No. 160.048/87/0 is terminated, COMMANDANT, U.S. COAST GUARD particular Type “B” liferaft and there­ effective May 1,1965. Delegation of Functions fore Approval No. 160.018/13/2 has ex­ BUOYANT CUSHIONS, UNICELLULAR PLASTIC pired and is terminated, effective June By virtue of the authority vested in the 21.1965. FOAM Secretary of the Treasury by Reorgani­ Note: Approved for use on motorboats of zation Plan No. 26 of .1950 and 14 U.S.C. DAVITS Classes A, 1, or 2 not carrying passengers for 631 and pursuant to the powers delegated The Welin Davit and Boat Division of hire to me in Treasury Department Order No. Continental Copper & Steel Industries, The Grand Rapids Manufacturing Co., 190 (Revision 2), there are transferred Inc., Perth Amboy, N.J., no longer man­ lnc. , 420 Alabama Avenue NW., Grand to the Commandant, UB. Coast Guard, ufactures a particular gravity davit and Rapids 4, Mich., no longer manufactures the functions of the Secretary under therefore Approval No. 160.032/42/2 has a particular plastic foam buoyant Public Law 89-193, approved September expired and is terminated, effective June 21, 1965, pertaining to authorizing the 22.1965. cushion and therefore Approval No. early payment of pay mid allowances to LIFEBOATS 160.049/27/0 is terminated, effective May members of an armed force under Coast 1,1965. Guard jurisdiction. The Welin Davit and Boat Division of The General Engineering & Manufac­ Continental Copper & Steel Industries, Dated: October 20,1965. Inc., Perth Amboy, N.J., no longer man­ turing Corp., Post Office Box 26, Andrews, ufactures certain lifeboats and there­ lnd. , no longer manufactures a par­ [seal] True Davis, fore Approval Nos. 160.035/38/3 and ticular unicellular plastic foam buoyant Assistant Secretary of the Treasury. 160.035/173/2 have expired and are ter­ cushion and therefore Approval No. [F.R. Doc. 65-11509; Filed, Oct. 26, 1965; minated, effective June 21, 1965. 160.049/37/0 has expired and is termi­ 8:46 am .] The Marine Safety Equipment Corp., nated, effective July 26, 1965. foot of Paynter’s Road, Farmingdale, VALVES, PRESSURE-VACUUM RELIEF AND SPILL N.J., 07727, no longer manufactures a particular lifeboat and therefore Ap­ The Pres-Vac, Hovedgaden 70, Lyngby, ATOMIC ENERGY COMMISSION proval No. 160.035/221/2 has expired and Denmark, no longer manufactures a [Docket No. 50-237} is terminated, effective June 21, 1965. particular Type PH pressure vacuum re­ The Welin Davit and Boat Division of lief valve and therefore Approval No. COMMONWEALTH EDISON CO. Continental Copper & Steel Industries, 162.017/87/0 has expired and is termi­ Notice of Hearing on Application for Inc., Perth Amboy, N.J., no longer man­ nated, effective June 21,1965. ufactures a particular lifeboat and Provisional Construction Permit therefore Approval No. 160.035/261/2 has INCOMBUSTIBLE MATERIALS Pursuant to the Atomic Energy Act of expired and is terminated, effective June The Johns-Manville Sales Corp., 22 1954, as amended, and the Regulations 21.1965. East 40th Street, New York 16, N.Y., no in Title 10, Code of Federal Regulations, The Marine Safety Equipment Corp., longer manufactures a particular glass Part 50, ‘Licensing of Production and foot of Paynter’s Road, Farmingdale, fiber insulation type incombustible ma­ Utilization Facilities,’ and Part 2, ‘Rules N.J., 07727, no longer manufactures a terial and therefore Approval No. of Practice,’ notice is hereby given that particular lifeboat and therefore Ap­ 164.009/35/0 has expired and is termi­ a hearing will be held at 10 a.m., local proval No. 160.035/281/1 has expired and nated, effective April 12,1965. time, on December 7, 1965, in Courtroom is terminated, effective July 11, 1965. No. 16, Grundy Circuit Courthouse, West Dated: October 15,1965. Washington and Liberty Streets, Morris, BUOYANT VESTS, KAPOK OR FIBROUS GLASS, HI., to consider the application filed [seal] E. J. R oland, ADULT AND CHILD under section 104b. of the Act by the Admiral, U.S. Coast Guard, Commonwealth Edison Co., Chicago, Iff. Note: Approved for use on motorboats of Commandant. Classes A, 1, or 2 not carrying passengers for for a provisional construction permit for hire: [F.R. Doc. 65-11505; Filed, Oct. 26, 1965; a boiling water reactor designed to op­ 8:46 am .) erate at 2255 megawatts (thermal) to be The S. E. Hyman Co., Fremont, Ohio, located at the Dresden Nuclear Power no longer manufactures certain buoyant Office of the Secretary Station, Grundy County, 111. vests and therefore Approval Nos. The hearing will be conducted by the 160.047/348/0, 160.047/349/0, and 160.- [Order 167-68} Atomic Safety and Licensing Board 047/350/0 have expired and are ter­ COMMANDANT, U.S. COAST GUARD designated by the Atomic Energy Com­ minated, effective June 21,1965. mission, consisting of Dr. Hugh Paxton, The Siegmund Werner, Inc., 225 Belle­ Delegation of Functions Los Alamos, N. Mex.; Dr. Albert J. ville Avenue, Bloomfield, N.J., no longer Kirschbaum, Livermore, Calif., and J. P- manufactures certain buoyant vests By virtue of the authority vested in the Bond, Esq., Chairman, Washington, and therefore Approval Nos. 160.047/ Secretary of the Treasury by Reorgani­ D.C. Dr. Eugene Greuling, Durham, 366/0, 160.047/367/0, and 160.047/368/0 zation Plan No. 26 of 1950 and 14 U.S.C. N.C., has been designated as an alternate

FEDERAL REGISTER, VOL. 3 0 , NO. 2 0 8 — WEDNESDAY, OCTOBER 2 7 , T 9 6 5 NOTICES 13661 technically qualified member of the such limits and on such conditions as Identical language was contained in sec­ Board. may be fixed by the Board. Persons de­ tion 303 of the Civil Aeronautics Act of The following issues will be considered siring to make a limited appearance are 1938. at the hearing: requested to inform the Secretary, United b. Section 13(g) (2) of the Surplus 1. Whether in accordance with the States Atomic Energy Commission, Property Act provides that: provisions of 10 CFR 50.35(a) Washington, D.C., 20545, by November (c) No exclusive right for the use of the (1) The applicant has described the 12, 1965. airport at which the property disposed of is proposed design of the facility, including, The answer to this notice, pursuant to located shall be vested (either directly or in­ but not limited to, the principal archi­ the provisions of § 2.705 of the Com­ directly) in any person or persons to the tectural and engineering criteria for the mission’s rules of practice, must be filed exclusion of others in the same class. For the purpose of the conditions, an exclusive design, and has identified the major by the applicant on or before November right is defined to mean— features or components on which further 12,1965. (1) Any exclusive right to use the air­ technical information is required; Papers required to be filed in this port for conducting any particular aero­ (2) The omitted technical information proceeding may be filed by mail or tele­ nautical activity requiring operation of air­ will be supplied; gram addressed to the Secretary, U.S. craft; (3) The applicant has proposed, and Atomic Energy Commission, Washing­ (2) Any exclusive right to engage in the there will be conducted, a research and sale or supplying of aircraft, aircraft ac­ ton, D.C., 20545, or may be filed by de­ cessories, equipment, or supplies (excluding development program reasonably de­ livery to the Office of the Secretary, U.S. the sale of gasoline and oil), or aircraft serv­ signed to resolve the safety questions, if Atomic Energy Commission, German­ ices necessary for the operation of aircraft any, with respect to those features or town, Md., or the Commission’s Public (including the maintenance and repair of components which require research and Document Room, 1717 H Street NW., aircraft, aircraft engines, propellers, and development; and Washington, D.C. Pending further order appliances). (4) On the basis of the foregoing, of the Board, parties are required to file, c. Section 11 of the Federal Airport there is reasonable assurance that (i) pursuant to the provisions of § 2.708 of Act requires that the Administrator shall such safety questions will be satisfac­ the Commission’s rules of practice, an receive assurances in writing, satisfac­ torily resolved at or before the latest original and twenty conformed copies of tory to him, that “the airport to which date stated in the application for com­ each such paper with the Commission. the project relates will be available for pletion of construction of the proposed public use on fair and reasonable terms facility and (ii) taking into consideration Dated at Washington, D.C., this 25th day of October 1965. and without unjust discrimination.” the site criteria contained in Part 100, d. Federal Aviation Regulations Part the proposed facility can be constructed Atomic Energy Commis- 151 prescribes the policies and procedures and operated at the proposed location * SION, for administering the Federal-aid Air­ without undue risk to the health and F . T . H o b b s, ports Program under the Federal Airport safety of the public; Assistant Secretary. Act. Sections 151.7, 151.37, 151.67 and 2. Whether the applicant is tech­ [P.R. Doc. 65-11578; Filed, Oct. 26, 1965; 151.121 relate to this subject. nically qualified to design and construct 8:48 a.m.] 5. Definitions. For the purpose of this the proposed facility; Policy Statement the following defini­ 3. Whether the applicant is financially tions apply : qualified to design and construct the a. Exclusive right. A power, privi­ proposed facility; FEDERAL AVIATION AGENCY lège, or other right excluding or debar­ 4. Whether the issuance of a permit ring another from enjoying or exercis­ for the construction of the facility will EXCLUSIVE RIGHTS AT AIRPORTS ing a like power, privilege, or right. An be inimical to the common defense and. Policy Statement exclusive right ihay be conferred either security or to the health and safety of by express agreement, by imposition of the public. 1. Purpose. It is the purpose of this unreasonable standards or requirements, The application and the report of the Statement to set forth Agency policy on or by any other means. Such a right Commission’s Advisory Committee on the conduct of aeronautical activities at conferred on one or more parties but Reactor Safeguards (ACRS) will be public airports on which Federal funds, excluding others from enjoying or exer­ available for public inspection in the administered by the Agency, have been cising a similar right or rights would be Commission’s Public Document Room expended. It does not apply to the con­ an exclusive right. 1717 H Street NW., Washington, D.C. duct of aeronautical activities by a gov­ b. Aeronautical activity. Any activ­ Copies of the ACRS report may be ob­ ernmental authority using its own em­ ployees, facilities and resources. ity which involves, makes possible, or is tained by request to the Director of the required for the operation of aircraft, “"Vision of Reactor Licensing, U.S. 2. Cancellation* The Policy Statement on Prohibition of Exclusive Rights at or which contributes to or is required for Atomic Energy Commission, Washington, the safety of such operations. D-C., 20545. Airports Receiving Federal Funds, dated July 17, 1962, 27 F.R. 7054, is hereby su­ The following activities, commonly Petitions for leave to intervene, pur­ conducted on airports, are aeronautical suant to the provisions of § 2.714 of the perseded. 3. Background. Since the enactment activities within this definition: charter Commission’s rules of practice, must be operations, pilot training, aircraft rental received in the Office of the Secretary, of the Civil Aeronautics Act of 1938, there have been statutory prohibitions against and sightseeing, aerial photography, u.s. Atomic Energy Commission, Ger- crop dusting, aerial advertising and sur­ mantown, Md., or in the Commission’s the grant of an exclusive right to conduct an aeronautical activity at an airport on veying; air carrier operations, aircraft Mwr C Document Room, 1717 H Street Which Federal funds have been ex­ sales and services, sale of aviation petro­ W., Washington, D.C., not later than pended. The Policy Statement of July leum products whether or not conducted ovember 12, 1965, or, in the event of a 17, 1962, identified the types of activities in conjunction with other included ac­ postponement of the hearing date speci- covered by the legislation and provided tivities, repair and maintenance of air­ specify.’ sucl1 time as the Board may guidance as to the manner in which craft, sale of aircraft parts, and any the law would be interpreted and ap­ other activities which because of their nr^ny.P,erson wh° wishes to make an oral plied. Based on the experience in apply­ direct relationship to the operation of nL,Tntten statement setting forth his ing this policy over the past three years, aircraft can appropriately be regarded as rinac t0n the *ssues specified, but who this Statement restates the Agency’s an “aeronautical activity.” n°t wlsh to file a petition to inter­ interpretation of the legislation. The following are examples of what im request Permission to make a 4. Pertinent laws and regulations, a. are not considered aeronautical activi­ v i e i aPPearance pursuant to the pro- Section 308(a) of the Federal Aviation ties: ground transportation (taxis, car X V f § 2:715 of the Commission’s Act provides that “there shall be no ex­ rentals, limousines) ; restaurants; bar­ . of Practice. Limited appearances clusive right for the use of any landing ber shops; auto parking lots. w . e RerPhtted at the time of the hear- area or air navigation facility upon which c. Minimum standards. The qualifi­ ■ the discretion of the Board, within Federal funds have been expended.” cations which may be established by an

FEDERAL REGISTER, VOL. 30 , NO. 2 0 8 — WEDNESDAY, OCTOBER 2 7 , 1965 NÒtìCfS

airport owner as the minimum require­ equipment may be construed as a viola­ pation of financial assistance under the ments to be met as a condition for the tion of this policy.. An owner of an air­ Federal Airport Act, all applicants for right to conduct an aeronautical activity craft should be permitted to fuel, wash, such assistance will be required to (i) on the airport. repair, paint, and otherwise take care of Certify that there is no grant of exclusive 6. Policy. The grant of an exclusive his own aircraft. A restriction which right which would preclude expenditure right for the conduct of any aeronauti­ has the effect of diverting such business of funds by the Agency under the provi­ cal activity, on an airport to which this to an operator of such an aeronautical sions hereof at any public airport then Statement applies, is regarded as con­ activity amounts to ah exclusive right owned or controlled by the applicant, trary to thè requirements of applicable contrary to law. However, local airport and (U) give assurances that none will laws, whether such exclusive right re­ regulations may include such restrictions be granted on any airport subsequently sults from an express agreement, from on these self-service activities as are rea­ acquired. the imposition of unreasonable stand­ sonably necessary for safety, preserva­ c. Protection of private investment. It ards or requirements, or by any other tion of facilities, and protection of the is the intent of the foregoing policies to means. However, thè existence of an public interest. promote fair competition at public air­ exclusive right to sell gasoline and oil 8. Enforcement—-a. Remedies. At any ports. It is expected that public airport will not be considered to be in violation airport where there has been a grant of owners will adopt and enforce minimum of section 308(a) where such right has an exclusive right contrary to law and standards and qualifications to be met by been specifically exempted by a deed this policy, that airport and any other those who propose to engage in commer­ under the Surplus Property Act, except airport owned or controlled by the of­ cial aeronautical activities. Primarily where an agreement not to grant an ex­ fending airport owner will be ineligible such standards should protect the in­ clusive right for the sale of gasoline and for assistance under the PAAP program terest of the public. The application of oil is controlling. and the Agency will not expend Facilities any unreasonable requirement or stand­ 7. Interpretation of policy—a. Single and Equipment funds for installations ard to the proposed activities, or any re­ activity not necessarily an exclusive designed to benefit traffic at such air­ quirement or standard which is applied right. The presence on an airport of ports. No Grant Agreement may be ex­ in a discriminatory manner, shall be only one person engaged in an aeronau­ ecuted, and no payment of funds due un­ considered to be a constructive grant of tical activity as herein defined will not der prior Grant Agreements shall be an exclusive right contrary to applicable itself be considered a violation of this made, nor shall any Facilities and Equip­ laws and the provisions hereof. policy if there is no intent by express ment funds be expended until the ex­ Issued in Washington, D.C., on Octo­ agreement, imposition of unreasonable clusive right has been terminated. ber 25, 1965. standards or requirements, or by any b. National defense and national inter­ D. D. Thomas, other means to exclude others. This est. This Statement shall not be con­ Deputy Administrator. would occur when the volume of business strued as precluding the grant or ex­ may not be sufficient to attract more penditure of Federal funds when required [F,R. Doc. 65-11582; Filed, Oct. 26, 1965; than one person. As long as the op­ for the national defense, or when deter­ 8:48 a.m.] portunity to engage in an aeronautical mined by the Administrator to be in the activity is available to those meeting national interest. reasonable qualifications and standards c. Application to preexisting agree­ relevant to such activity, the fact that ments. On July 17, 1962, the Agency FEDERAL COMMUNICATIONS only one person takes advantage of the defined the aeronautical activities pro­ opportunity does not constitute the hibited by section 308(a) of the Federal COMMISSION grant of an exclusive right. Aviation Act. Prior to the publication of [FCC 65-952] b. Single activity due to space limita­ this definition, which is repeated in FRAUDULENT BILLING RULE tion. The leasing of all available air­ paragraph 5b of this Statement, exclu­ port land or improvements suitable for sive rights to conduct certain activities Applicability On aeronautical activity to one person not involving the actual use of public will be construed as evidence of an in­ landing areas were considered not to be October 22,1965. tent to exclude others unless it can be in violation of the statute. The Agency The fraudulent billing practices pro­ reasonably demonstrated that the entire will continue to participate in airport hibited by §§ 73.124, 73.299 and 73.678 of leased area is presently required and will development in these instances if it can the Commission’s rules and regulations be immediately used to conduct that be demonstrated that an exclusive right include all practices commonly referred activity. agreement made prior to July 17, 1962 to as “double billing”. Most “double In some instances an aeronautical ac­ will be effectively terminated as soon as billing” as practiced in the past has been tivity may be limited, as the result of this possible. The termination date will in designed to deceive and defraud manu­ policy or otherwise, to the lease of such no event be later than the earliest re­ facturers into paying a larger share of space as is demonstrably needed. If newal or cancellation date specified in a local dealer’s cooperative advertising additional space is needed at a later the lease or agreement covering such an expenditure than was stipulated in their date, it must be made available to all exclusive right agreement. However, in agreements . with such local dealers. qualified proponents or bidders, includ­ no case will FAAP participation in air­ However, there may have been other ing the incumbent. The advance grant port improvement be authorized where cases in which the manufacturers re­ of options or preferences on all future there exists an exclusive right which was imbursed a dealer on the basis of a bill sites to the incumbent Is an exclusive prohibited under the interpretation prior for cooperative advertising which the right. On the other hand, nothing in to July 17,1962. manufacturer knew to be inflated or this policy should be construed as limit­ 9. Administration of policy—a. Intent. fictitious, because the manufacturer ing the expansion of such aeronautical The FAA does not propose to conduct any wished to use this scheme to violate the activities when additional space Is re­ special investigation or inquiry solely to Clayton and Robinson-Patman Acts (15 quired even though it could ultimately determine whether an exclusive right U.S.C. 13) which make it unlawful for a result in complete saturation of all space may have been granted. The Agency manufacturer or distributor engaged m by the one activity. will investigate any complaint by any commerce to give discriminatory dis­ c .Restrictions based on safety. Under person who claims to have been denied counts, rebates or advertising allowances some circumstances a person may be de­ the right to exercise an Aeronautical ac­ to its dealers. Any information coming nied the right to engage in an aeronauti­ tivity because of the grant of an exclu­ to the Commission’s attention indicating possible violations of these statutes will cal activity at an airport for reasons of sive right which is contrary to law and be considered by this Commission ana safety. The justification for such de­ the provisions hereof. Further, the referred to the Federal Trade Commis­ nials should be fully evaluated. Agency will investigate any apparent vi­ sion for appropriate action by that d. Restrictions on self-service. Anyolation which is discovered during rou­ agency. As previously stated by this unreasonable restriction imposed on the tine visits to, and inspections of, airports. Commission, participation by a licensee owners or operators of aircraft regarding b. Project application. As a material in a scheme to violate a federal statute the servicing of their own aircraft and part of any Grant Agreement in antici­ reflects seriously upon his qualifications.

FEDERAL REGISTER, VÒL. 3 0 , NO. 2 0 8 — WEDNESDAY, OCTOBER 2 7 , 1965 NOTIGES 13663

Since fraudulent billing practices may sentative or other party. Licensee claims pects to provide partial reimbursement for that the remaining 80 or 90 percent of its the non-existent advertising. take many forms, the following list of original invoice has been deducted by the examples should not be considered as agency as “commission” and therefore no Adopted: October 20,1965. all-inclusive. It is provided merely to “double billing” is involved. F ederal C ommunications supply illustrations of certain fraudulent Interpretation: This is fraudulent billing. C o m m is s io n ,1 The agency discount does not customarily practices with which the Commission al­ [ seal] B e n F . W aple, ready is familiar. It should be remem­ exceed 15 percent and the supplying of bills Secretary. bered that the essential element in and Invoices by the licensee to agencies which indicate that the licensee is charging several [F.R. Doc. 65-11521; Filed, Oct. 26, 1965; “double billing” is the furnishing of false times as much for advertising as he actually 8:48 a.m.] information to any party contributing receives constitutes participation in a fraud­ to the payment of broadcast advertising ulent scheme. as to the amount actually charged by the 5. A licensee submits a bill or invoice to [Docket No. 16250; FCC 65-941] licensee for such advertising or as to the a local dealer or other party for 50 commer­ nature, quantity or content of such ad­ cial spots at $5.00 each for a total of $250. SERVICE ELECTRIC CABLE TV, INC. However, the bottom of the bill or invoice vertising. -T - 1 Order To Show Cause The above-mentioned rules state, and carries an addendum, so placed that it may be cut off of the bill or invoice without leav­ In the matter of cease and desist order the Commission wishes to emphasize, ing any indication that the invoice originally that licensees shall use reasonable dili­ carried such an addendum. The addendum to be directed to Service Electric Cable gence to see that their employees do not specifies a “discount” to the advertiser based TV, Inc., 206-208 East Third Street, engage in fraudulent billing practices. . on volume, frequency or other consideration, Bethlehem, Pa., Docket No. 16250. so that the amount actually billed at the The Commission having under con­ E xamples bottom of the page is less than $5.00 for each sideration (1) complaints of interfer­ 1. A licensee issues a biU or invoice to a spot. ence to television reception in the Beth- local dealer for 50 commercial spots at a Interpretation: The preparation of bills or lehem-Allentown, Pa., area and (2) a rate of $5.00 each for a to ta l of $250. In invoices in a manner which seems designed field investigation as to the cause of the connection with the same 50 commercial primarily to enable the dealer to deceive a spots, the station alsfe supplies th e local cooperative advertiser as to the amount ac­ television interference; and dealer or an advertising agency, jobber, d is­ tually charged for cooperative advertising It appearing, From said field investi­ tributor, or manufacturer of products sold raises a presumption that the licensee is gation that a community antenna tele­ by the local dealer, another affidavit, memo­ participating in a “double billing” scheme. vision system operated by Service Elec­ randum, bUl or invoice which indicates that 6. A licensee submits a bill or invoice to tric Cable TV, Inc. (hereinafter referred the amount charged the local dealer for the a local dealer for 50 spots involving coop­ to as Service Electric), is a source of 50 spots was greater than $5.00 per spot. erative advertising of a certain product or Interpretation: This is fraudulent billing, products at a rate of $5.00 each, and actually harmful interference to television recep­ since it tends to deceive the manufacturer, collects this amount from the dealer. How­ tion. in said area; and the system radiates jobber, distributor, or advertising agency to ever, as a “bonus” the licensee “gives” the radio frequency energy in excess of that which the inflated bill eventually is sent, as dealer 50 additional spots in which the prod­ permitted by § 15.161 of the Commis­ to the amount actually charged and received uct or products named on the original in­ sion’s rules (47 CFR 15.161) ; by the station for the advertising. voice are not advertised, so that the dealer It further appearing, That the above 2. A licensee issues a bill or invoice to a actually obtains the benefit of 100 spots in facts have been called to the attention local dealer for 50 com m ercial sp ots at $5.00 return for payment to the station of the $250 each and the bill, invoice or accompanying billed for the 50 cooperative spots. of Service Electric by the Commission affidavit indicates th a t th e 50 sp ots were Interpretation: If the 50 “bonus” spots both orally and in writing and that Serv­ broadcast on behalf of certain cooperatively were broadcast as the result of any agree­ ice Electric has been afforded an oppor­ advertised products, whereas some of the ment or understanding, express or implied, tunity to demonstrate or achieve com­ spots did not advertise the specified products, that the dealer would receive such additional pliance with all lawful requirements but but were used by the local dealer solely to advertising in return for contracting for the such demonstration has not been made, advertise his store or other products for first 50 spots at $5.00 each, the so-called and such compliance has not been ac­ which cooperative sponsorship could not be “bonus” spots were in fact a part of the obtained. same deal, and the licensee, by his actions, complished as required by §§ 15.161 Interpretation: This is fraudulent billing, is participating in a scheme to deceive and through 15.163 of the Commission’s rules even though the station actually received defraud a manufacturer, jobber, distributor (47 CFR 15.161 through 15.163); $5.00 each for the 50 spots, because, by or advertising agency. It is ordered, This 20th day of October falsely representing that the spots advertised 7. A local appliance dealer agrees to pur­ 1965 pursuant to section 312 (b) and (c) certain products, the licensee has enabled chase 1,000 spots per year from a station of the Communications Act of 1934, as the local dealer to obtain reimbursement and thereby earns a discount which reduces amended (47 U.S.C. sec. 312), that Serv­ from the manufacturer, distributor, jobber, his rate per spot from $10.00 to $5.00. Dur­ or advertising agency for advertising on be­ ing the course of the year, the dealer pur­ ice Electric show cause why there should half of its product which was not actually chases 100 spots from the station which not be issued an order commanding it to broadcast. advertise both the dealer and “Appliance A” cease and desist from operating a com­ 3. A licensee sends, or permits its employ­ and for which the dealer pays $5.00 per spot. munity antenna television system in vio­ ees to send, blank bills or invoices bearing Since the station’s rate per spot for 100 spots lation of the provisions of Part 15 (47 'the name of licensee or his call letters to a is $10, the dealer asks the station to supply CFR Part 15) of the Commission’s rules. local dealer or other party. him with an invoice for the 100 spots on That is: The said Service Electric Cable Interpretation: A presumption exists that behalf of “Appliance A” at $10 per spot, licensee is tacitly participating in a fraudu­ claiming that if the manufacturer of the TV, Inc., its agents, employees, privies, lent scheme whereby a local dealer, adver­ appliance had purchased the 100 spots, or assigns, successors in interest, or other tising agency or other party is enabled to if the dealer himself had purchased only parties acting in concert with it shall deceive a third party as to the rate actually these 100 spots within the course of a year, cease and desist from operating or per­ charged by licensee for advertising, and the $10 rate would apply, and that, therefore, mitting to be operated a community thereby to collect reimbursement for such the manufacturer should be required to re­ antenna television system in a manner advertising in an amount greater than that imburse the dealer at the $10 rate. which causes it to radiate radio fre­ specified by the agreement between the third Interpretation: This practice constitutes quency energy in excess of that permitted party and the local dealer. It is the licensee’s fraudulent billing unless the dealer can pro­ under § 15.161 of the Commission’s rules responsibility to maintain control over the vide satisfactory evidence that the manu­ and in a manner that causes harmful ssuance of bills and invoices in the licensee’s facturer of “Appliance A” is aware that the interference to the direct reception of name, to make sure that fraud is not prac­ dealer actually paid only $5.00 per spot be­ ticed. cause of the volume discount. television signals in violation of § 15.163 4. A licensee submits bills or invoices to 8. A licensee issues a bill or invoice to a of said rules; and an advertising agency, station representative, dealer for commercial spots which were never or other party indicating that licensee’s rate broadcast. 1 Commissioners Hyde and Lee absent; Per spot is $50.00, whereas the licensee ac­ Interpretation: This practice, prima facie, Commissioner Loevinger concurring and is­ tually receives only $5.00 or $10.00 per spot involves fraud, either against the dealer or suing a statement filed as part of original n actual payment from the agency, repre­ against a third party which the dealer ex- docum ent.

FEDERAL REGISTER, VOL. 3 0 , NO. 2 0 8 — WEDNESDAY, OCTOBER 2 7 , 19 6 5 NÖTrCfö

It is further ordered, That a hearing tions concerning other proceedings on his a.m., in the offices of the Commission at in this matter be held before a Commis­ docket. Washington, D.C. sion hearing examiner in Bethlehem, Pa., and at a time and place to be designated Released; October 22,1965. Released: October 21, 1965. ; by subsequent order but in no event less F ederal Communications F ederal Communications than 30 days from the receipt of this Commission, Commission, order to determine whether said cease [seal] B en F. Waple, [seal] B en F. Waple, and desist order should be issued, and Secretary. Secretary. that Service Electric is herewith called [FJR. Doc. 65-11523; Filed, Oct. 26, 1965; [F.R. Doc. 65-11525, Filed Oct. 26, 1965; upon to appear at this hearing and give 8:48 a.m.j 8:48 a.m.] evidence upon the matters specified herein; and It is further ordered, Pursuant to [Docket No. 16125; FCC 65M-1368] § 1.91 (47 CFR 1.91) of the rules, that TINKER, INC. FEDERAL POWER COMMISSION Service Electric is directed to file with [Docket No. G-5491 etc.] the Commission within 30 days of re­ Order Scheduling Prehearing EDWARDS OIL & GAS CO. ET AL. ceipt of this order a written appearance, Conference stating it will appear and present evi­ In the matter of revocation of the li­ Notice of Applications for Certificates, dence on the matters specified in this Abandonment of Service and Peti­ order. If Service Electric does not de­ cense of Tinker, Inc., for standard broad­ sire to avail itself of its opportunity to cast station WEKY, Richmond, Ky., tions To Amend Certificates 1 appear before the Commission and give Docket No. 16125. O c t o b e r 19, 1965. evidence on the matters specified herein, It appearing, that the disposition of Edwards Oil & Gas Co. and other Ap­ it shall, within 30 days of receipt of this certain now-spending pleadings may plicants listed herein, Docket Nos. G- order, file with the Commission a written affect materially the procedural arrange­ 5491, et al. waiver of hearing. Such waiver may be ments presently govérning this hearing, Take notice that each of the Applicants accompanied by a statement of the rea­ and that it is appropriate for the parties listed herein has filed an application or sons why Service Electric believes that and the Hearing Examiner to consider petition pursuant to section 7 of the a cease and desist order should not issue; what, if any, procedural modifications Natural Gas Act for authorization to sell and may be necessary; natural gas in interstate commerce or to It is further ordered, That failure of It is ordered, This 21st day of October abandon service heretofore authorized said Service Electric timely to respond 1965, that a prehearing conference shall as described herein, all as more fully to this order or its failure to appear at convene on November 3, 1965, com­ described in the respective applications the hearing designated herein will be mencing at 9 a.m. in the offices of the and amendments which are on file with deemed a waiver of hearing ; and Commission at Washington, D.C. the Commission and open to public in­ It is further ordered, That the Secre­ Released: October 21, 1965. spection. tary send a copy of this order by Cer­ Protests or petitions to intervene may tified Mail, Return Receipt Requested, F ederal Communications be filed with the Federal Power Commis­ to Service Electric Cable TV, Inc., 206-. Commission, sion, Washington, D.C., 20426, in accord­ 208 East Third Street, Bethlehem, Fa. [seal] B en F. W aple, ance with the rules of practice and pro­ Secretary. cedure (18 CFR 1.8 or 1.10) on or before Released; October 22, 1965. [fF.R. Doc. 65-11524; Filed, Oct. 26, 1965; November 10,1965. 8:48 a.m.] F ederal Communications Take further notice that, pursuant to Commission,1 the authority contained in and subject [seal! B en F. Waple, [Docket Nos. 15826, 15827; FCC 65M-1367] to the jurisdiction conferred upon the Secretary. Federal Power Commission by Sections 7 KXYZ TELEVISION, INC., AND CREST and 15 of the Natural Gas Act and the [F.R. Doc. 65-11522; Filed, Oct. 26, 1965; BROADCASTING CO. Commission’s rules of practice arid pro­ 8:46 am.] cedure, a hearing will be held without Order Continuing Hearing further notice before the Commission on [Docket No. 1625b; FCC 65M-1371] In re applications of KXYZ Television, all applications in which ho protest or Inc., Houston, Tex., Docket No. 15826, petition to intervene is filed within the SERVICE ELECTRIC CABLE TV, INC. File No. BPCT-3220; Crest Broadcast­ time required herein, if the Commission ing Co., Houston, Tex., Docket No. 15827, on its own review of the matter believes Order Scheduling Hearing File No. BPCT-3302; for construction that a grant of the certificates or the permit for new television broadcast sta­ authorization for the proposed abandon­ In the matter of Cease and desist order ment is required by the public conven­ to be directed to Service Electric Cable tion (Channel 26), The Hearing Examiner having for ience and necessity. Where a protest or TV, Inc., 206-208 East Third Street, petition for leave to intervene is timely Bethlehem, Pa., Docket No. 16250. consideratimi the informal request of filed, or where the Commission on its own It is ordered, This 22d day of October Crest Broadcasting Co. for a continuance motion believes that a formal hearing is 1965, that David I. Kraushaar shall serve of the hearing now scheduled to com­ required, further notice of such hearing as presiding officer in the above-entitled mence on October 25, 1965; will be duly given: Provided, h o w e v e r , proceeding, and that the hearing therein It appearing that the request is oc­ That pursuant to § 2.56, Part 2, State­ shall be convened in Bethlehem, Pa., at casioned by a death this date in the ment of General Policy and Interpreta­ 10 a.m., December 6, 1965; and, It is immediate family of counsel for Crest, tions, Chapter I of Title 18 of the Code further ordered, In view of the allega­ and that counsel for the other parties of Federal Regulations, as amended, all tions contained in the Commission’s have consented to a grant of the re­ permanent certificates of piublic conven­ quested relief; ience and necessity granting applica­ Order to Show Cause herein, viz, “* * * tions, filed after April 15, 1965, without a community antenna television system It further appearing that it is appro­ further notice, will contain a condition operated by Service Electric Cable TV, priate to convene a prehearing confer­ precluding any filing of an increased rate Inc., is a source of harmful interference ence to ascertain the most Convenient at a price in excess of that designated for to television reception in said area,” that date for the rescheduling of hearing; the particular area of production for the the hearing in this proceeding and the It is ordered, This 21st day of October period prescribed therein unless at_ the preparation of an initial decision by the 1965, that the hearing now scheduled to time of filing such certificate application, presiding officer shall be expedited to the commence on October 25, 1965, is con­ or within the time fixed herein for the fullest extent consistent with his obliga- tinued pending further order, and that 1 This notice does not provide for consoli­ a prehearing conference shall convene dation for hearing of the several matt* 1 Commissioners Hyde and Lee absent. on November 4, 1965, commencing at 9 covered herein, nor'Should it be so constru

FEDERAL REGISTER, VOL. 30 , NO. 2 0 8 — WEDNESDAY, OCTOBER 2 7 , 1 9 6 5 filing- of protests or petitions to intervene Under the procedure herein provided Pres­ for, unless otherwise advised, it will be Docket No. and Purchaser, field, and location Price per Mcf sure the Applicant indicates in writing- that date filed Applicant base it is unwilling to accept such a condition. unnecessary for Applicants to appear or In the event Applicant is unwilling to be represented at the hearing. Depleted J o se ph O utride, CI66-288...... Kingwood Oil Co. (Operator), Cities Service Gas Co., acreage in accept such condition the application H. B 10-4-65 et al., First National Bldg., Comanche County, Okla. will he set for formal hearing. Secretary. Oklahoma City, Okla., 73102. CI66-289...... Chas. T. McCord, Jr., d.b.a. Lone Star Gas Co., Carthage Field, 14.0 14.65 (G-4241) McCord Oil Co. (successor to Panola County, Tex. Docket No. and Pres­ F 10-7-65 R. Lacy, Inc., et al.), c/o date filed Applicant Purchaser, field, and location Price per Mei sure Ross Production Co., Post base Office Box 1185, Shreveport, La., Attention: Mr. Harold Ross. Q-5491-.__ Edwards Oil & Gas Co., c/o W. Consolidated Gas Supply Corp., (J) ...... CI66-290...... Franks Petroleum (Operator), United Gas Pipe Line Co., South 18.75 15.025 D 10-11-65 H. Mossor, partner, Post Glenville District, Gilmer Coun­ (CI62-1104) et al. (successor to Union Downsville Field, Lincoln Parish, Office Bos 324, Harrisville, ty, W. Va. F 10-4-65 Producing Co.), Post Office La. W. Va., 26362. Box 1200, Shreveport, La. G-11046...... Cities Service Oil Co., Cities Tennessee Gas Transmission Co., 19.5 15.025 CI66-291-...... The Atlantic Refining Co., Montana-Dakota Utilities Co., In­ 15.384 15.025 C 10-11-65 Service Bldg., Bartlesville, East Cameron Area Blocks 49 and A 10-7-65 Post Office Box 2819, Dallas, dian Butte Field, Fremont Coun­ Okla. 67, West Cameron Area Blocks 201 Tex., 75221. ty, Wyo. and 216, Oflshoro Louisiana. CI66-292...... Anadarko Production Co., Post Panhandle Eastern Pipe Line Co., M16.0 14.65 G-1Ö270...... Socony Mobil Oil Co., Inc., Post Trunkline Gas Co., San Carlos » 14.0 14.65 A 10-6-65 Office Box 351, Liberal, Kans., Interstate Red Cave Field, Mor­ C 10-11-65 Office Box 2444, Houston, Tex., Field, Hidalgo County, Tex. 67901. ton County, Kans. 77001. CI66-293...... C. Gary Garlitz (Operator), El Paso Natural Gas Co., acreage in « 16.196 14.65 G-17582...... Pan American Petroleum Corp., Texas Gas Transmission Corp., < 18.25 15.025 A 10-11-65 et al., 406 Gulf Bldg., Mid- Crockett County, Tex. (CI6Ö-697) Post Office Box 591, Tulsa, Minden Field, Webster Parish, La. - land, Tex., 79704. C 10-11-65» Okla., 74102. CI66-294...... Gulf Oil Corp., Post Office Box Panhandle Eastern Pipe Line Co., ' 17.0 14.65 CI62-523...... H. C. Glass (successor to Guest Northern Natural Gas Co., acreage 16.5 14.65 A 10-11-65 1589, Tulsa, Okla., 74102. West Perryton Field, Ochiltree E 9-27-65 & Moller Oil Co.), Amarillo in Ochiltree County, Tex. County, Tex. Bldg., Amarillo, Tex. CI66-295...... Cabot Corp., Post Office Box United Gas Pipe Line Co., Fostoria 14.0 14.65 C163-20...... Humble Oil & Refining Co., Arkansas Louisiana Gas Co., Assigned .. A 10-11-65 1101, Pampa, Tex., 79066. Field, Montgomery County, Tex. D 10-11-65 Post Office Box 2180, Houston, Arkoma Area, Pittsburg County, CI66-296...... Ritter-Scott, c/o James F. Scott, Consolidated Gas Supply Corp., Production Tex., 77001. Okla. B 10-11-65 agent, 124 Valley Street, Grant District, Doddridge Coun­ Declined CI63-608...... Sinclair Oil & Gas Co., Post Lone Star Gas Co., East Doyle 15.0 14.65. Salem, W.Va. ty, W. Va. C 10-6-65 » Office Box 521, Tulsa, Okla., Field, Stephens County, Okla. C166-297...... Sinclair Oil & Gas Co., Post Lone Star Gas Co., East Doyle (0 74102 . B 10-6-65 Office Box 521, Tulsa, Okla., Field, Stephens County, Okla. CI63-1209...... Hi-Plains Production, Inc. Phillips Petroleum Co., acreage in «9.0 14.65 74102. NOTICES E 10-6-65 (successor to Ross Petroleum, Sherman County, Tex. CI66-298...... Katex Oil Co., 1404 South Phillips Petroleum Co., West Pan­ 9.0 14.65 Inc. (Operator), et ál.), 9th A 10-6-65 Cedar St., Borger, Tex. handle Field, Gray County, Tex. Floor, Vaughn Bldg., CI66-299...... The Jupiter Corp., 510 Capital Tennessee Gas Transmission Co., Depleted Amarillo, Tex. B 10-7-65 National Bank Bldg., Hous­ North Magnolia City Field, Jim CI63-1492.. Kingwood Oil Co., c/o C. A. Arkansas Louisiana Gas Co., North 0 " ton, Tex. Wells County, Tex. D 10-7-65 McKenzie, attorney, First Cooper Field, Blaine County, CI66-300...... Suntex Oil & Gas Co. (succes­ Northern Natural Gas Co., Tonkawa 17.0 . 14.65 National Bldg., Oklahoma Okla. (CI64-838) sor to Paul M. Haywood and Field, Lipscomb County, Tex. City, Okla., 73102. F 10-11-65 Lorene Haywood), c/o Gor­ CI64-648___ Sun Oil Co: (Mid-Continent Arkansas Louisiana Gas Co., Red »15.0 14.65 don L. Llewellyn, attorney, C 10-11-65 Division), 1608 Walnut St., Oak Field, Haskell County, Okla. 908 Southland Center, Dallas, Philadelphia, Pa., 19103. l,Tex. C164-1476... Tidewater Oil Co., Post Office El Paso Natural Gas Co., San Juan 13.0 15.025 CI6Ô-301...... Frio-Tex Oil & Gas Co. (Oper­ Northern Natural Gas Co., Ozona 16.0 14.65 C 10-11-65 Box 1404, Houston, Tex., Basin Dakota Field, San Juan A 10-13-65 ator) , et al., Alamo National Field, Crockett County, Tex. 77001. County, N. Mex. Bank Bldg., San Antonio, CI64-1494... Union Oil Co. of California, Arkansas Louisiana Gas Co., South­ 15.0 14.65 Tex. C 10-6-65 Union Oil Center, Los west Lacy Field, Kingfisher CI66-302...... Chester Oil Co., c/o Jacob Panhandle Eastern Pipe Line Co., « 17.0 14.65 Angeles, Calif., 90017. County, Okla. A 10-11-65 Goldberg, attorney, 810 Mocane-Laveme Area, Beaver C165-2...... Arkla Exploration Co., et al., Arkansas Louisiana Gas Co., 15.0 14.65 Pennsylvania Bldg., Wash­ County, Okla. C 9-7-65 c/o Robert Roberts, Jr., and Arkoma Basin Area, Haskell ington, D.C., 20004. Gilbert L. Hetherwick, attor­ County, Okla. neys Blanchard, Walker, O’Quin & Roberts, Post i Deletes expired leases from Gas Purchase Contract. . . _____ Office Box 1126, Shreveport, * Subject to reduction of 0.75 cents per Mcf per stage of compression should Buyer install or utilize existing com La., 71102. pression facilities; also subject to deduction of 0.25 cents per Mfc for dehydration. CI65-642__ Dabney Crump, et aL, 224 Consolidated Gas Supply Corp., 25.0 15.325 » Adds acreage acquired from Wheless Drilling Co., et al.—Docket No. CI60-697. C 10-7-65 Washington Blvd., Belpre, Murphy District, Ritchie County, * Includes 1.75 cents per Mcf tax reimbursement. _ ■ . .. , ____ „ Ohio. W. Va. » Adds acreage previously certificated under Docket No. CI64-278; represents that portion of acreage for which C166-83___ Elder Oil Co. (successor to ___do------25.0 15.325 abandonment & filed for in Docket No. CI66-297. E 10-1-65 R. J. Braden, et al., d.b.a. * 0,4466 cents less per Mcf for “sour gas.” . .. , , .__ _. . ■ Long Run Development Co.), t Production of gas from the Caroline Unit does not meet the pipe line standards and requirements of Buyer. Peoples Bank Bldg., Marietta, « Subject to deduction for compression. Ohio. » Wells are no longer capable of commercial gas production. CI66-246__ Kimbark Exploration Co., 201 Kansas-Nebraska Natural Gas Co., (•) io Seller to reimburse Buyer for compression if required. B ;8-26-65 University Blvd., Denver, Inc., Darby Creek Field, Logan u Includes 0.196 cents per Mcf tax reimbursement. ,_ Colo., 80206. County, Colo. 1» Acreage committed to present contract dated Aug. 1,1963 (Docket No. CI64-278) has been added to contract Filing code: A—Initial service. under Docket No. CI63-603. B—Abandonment. i* Subject to upward and downward B.t.u. adjustment. C—Amendment to add acreage. D—Amendment to delete acreage. [P.R. Doc. 65-11415; Piled, Oct. 26,1965; 8:45 a.m.] E—Succession. F—Partial succession. 13605 See footnotes at end of table.

FEDERAL REGISTER, VOL. 3 0 , NO. I— WEDNESDAY, OCTOBER 2 7 , 1 9 6 5 13666 NOTICES; [Docket No. RI66-108 etc.] unduly discriminatory, or preferential, date shown in the “Date Suspended Un GRAHAM-MICHAELIS DRILLING CO. or otherwise unlawful. til” column, and thereafter until made ET AL. The Commission finds: It is in the effective as prescribed by the Natural public interest and consistent with the Gas Act. Order Providing for Hearings on and Natural Gas Act that the Comm ission (C) Until otherwise ordered by the Suspension of Proposed Changes enter upon hearings regarding the law­ Commission, neither the suspended sup­ in Rates 1 fulness of the proposed changes, and plements, nor the rate schedules sought that the supplements herein be sus­ October 19,1965. to be altered, shall be changed until dis­ pended and their use be deferred as or­ position of these proceedings or expira­ Graham-Mich&elis Drilling Co. (Op­ dered below. tion of the suspension period. erator) , et al., Respondents listed herein, The Commission orders: (A) Under (D) Notices of intervention or peti­ , Docket Nos. RI66-108, et al. the Natural Gas Act, particularly sec­ tions to intervene may be filed with the The Respondents named herein have tions 4 and 15, the regulations pertain­ Federal Power Commission, Washington, filed proposed increased rates and ing thereto (18 CPR Ch. I), and the D.C., 20426, in accordance with the rules charges of currently effective rate sched­ Commission’s rules of practice and pro­ of practice and procedure (18 CFR 1.8 ules for sales of natural gas under Com­ cedure, public hearings shall be held and 1.37(f)) on or before December 1 concerning the lawfulness of the pro­ 1965. mission jurisdiction, as set forth in Ap­ posed changes. pendix A hereof. (B) Pending hearings and decisions By the Commission. The proposed changed rates and thereon, the rate supplements herein are J oseph H. Gutride, charges may be unjust, unreasonable, suspended and their use deferred until Secretary. A p p e n d ix A

Cents per Mcf Rate in Rate Supple­ Amount Date Effective Date Docket Respondent sched­ ment Purchaser and producing area of filing date effect sub­ No. ule No No. sus­ ject to re­ annual tendered unless pended Rate in Proposed fund in increase suspended until— effect increased docket Nos. rate RI66-108. Graham-Michaelis Panhandle Eastern Pipe Line $297 9-22-65 310-23-65 3-23-66 15.0 Drilling Co. (Op­ Co. (Greenough Field, Beaver *‘ 16.0 erator) ,et id., 211 County, Okla.) (Panhandle North Broadway, Area). Wichita, Bans. ___do______‘ 7 Panhandle Eastern Pipe Line 99 9-22-66 *10-23-65 3-23-66 16.0 Co. (Carter No. 2 Unit, Green­ *»17.0 ough Field, Beaver County, Okla.) (Panhandle Area). .do. 26- Panhandle Eastern Pipe Line 2,005 9-22-65 710-23-65 3-23-66 17.0 A&B Co. (Camrick Field, Texas * 417.6 County, Okla.) (Panhandle Area). .do. ...„do______1,753 9-22-65 *10-23-65 3- 23-66 16.0 RI66-109.. Sunray DX Oil Co., Phillips Petroleum Co. (Pan­ » 417.2 Post Office Box (*) ,9-10-65 •11- 1-65 4- 1-66«12.0 3 * « 13.0 RI62-51. handle Field, Hutchinson and 6,070 9-10-65 * 11- 1-66 4- 1-66 1111.5534 8 4 1112.5534 RI62-5L 2039, Tulsa 2, Okla. Moore Counties, Tex.) n* (R.R. District No. 10). BI66-110... Pan American Petro­ 160 20 Texas Eastern Transmission 3,204 9-27-65 11- 1-65 4- 1-66 »17.0314 * 11 » 17.2366 RI65-278. leum Corp. (Opera­ Corp. (Greenwood-Waskom tor), et al., Post Field, Caddo Parish, La.) Office Box 3092, (North Louisiana). Houston, Tex., 77001. __ do...... 283 Texas Eastern Transmission 394 9-27-65 11- 1-65 4- 1-66 15.8 *416.0 RI65-297. Corp. (Willow Springs, Gregg County, Tex.) (R.R. District No. 6). RI66-111. Pan American Petro­ 208 Texas Eastern Transmission 682 9-27-66 11- 1-65 4- 1-66 » 1815.076 * 414 » 16.275 RI65-277, leum Corp. Corp. (Fort Lynn Field, Miller County, Ark.). RI66-112. George Mitchell ¿ 22 Valley Gas Transmission, Inc. S^829 9-20-65 10-24-65 3-24-66 140 * 4 15.0 Associates, Inc., linnant Field, Live Oak agent for Blue Oil ounty, Tex.) (R.R. District Gas Co., et al., 12th No. 2). Floor, Houston e Club Bldg., Hous­ ton, Tex., 77002. BI66-113... Continental Oil Co., 79 11 United Gas Pipe Line Co. 3,713 9-20-66 10-21-65 8- 21-66 140 4 » 15.485 Post Office Box (Burnell-North Pettus Meld, 2197, Houston,. Bee and Karnes Counties, Tex., 77001. Tex.) (R.R. District No. 2). Continental Oil Co...J 282 South Texas Natural Gas Gath­ 54,750 9-22-65 10- 23-65 3- 23-66 16.0 8417.0 ering Co. (McAllen Ranch Field, Hidalgo, Tex.) (R.R. District No. 4). RI66-114_„. Bussell Maguire (Op­ Texas Eastern Transmission 2,160 9-23-65 11- 1-66 4- 1-66 »15.8 t * » 16.0 RI65-279, erator), et al., 4200 Corp. (Alco-Mag Meld, Harris et al. First National County, Tex.) (R.R. District Bank Bldg., Dallas, No. 3). Tex., 75202. BI66-115... Pan American Petro­ Texas Eastern Transmission 4,928 9^24-65 11- 1-65 4- 1-66 15.8 8 416.0 RI65-239, leum Corp. (.Operar Corp. (Hastings, Turtle Bay et a l tor), Post Office Box and Chocolate Bayou Fields, 3092, Houston, Galveston, et al., Counties, Tex., 77001. ». Tex.) (R.R. District No. 3). EI66-116— Blanco Oil Co., Post United Gas Pipe Line Co. 1,760 9-27-65 11- 1-65 4- 1-66 140 4 » 15.485 Office Box 2641, (BumeB-North Pettus Field, San Antonio, Tex., Bee, Goliad and Karnes 78206. Counties, Tex.) (R.R. District No. 2). notice 6 stated eflective date &the first day after expiration of the required statutory “» Phillips resells the gas after processing in its Dumas Gasoline Plant under its FPC Gas Rate Schedule No. 32 to El Paso Natural Gas Co. The effective rate under 3 Periodic rate increase. Phillips’ Rate Schedule No. 32 is 19.76325 cents which is in effect subject to refund in 4 Pressure base is 14.65 p.s.i.a. Docket No. G-20403. 6 Covers Carter No. 2 Unit. , » Pressure base is 15.025 p.sJ.a. 6 3-step periodic rate increase. 18 Includes 1.75 cents per Mcf tax reimbursement. 7 6-step periodic rate increase. 74 Subject to a downward B.t.u. adjustment. , 8 No production. » Includes 0.175 cent per Mcf tax reimbursement (Arkansas severance tax and con­ » The stated effective date is the date requested by Respondent. servation assessment). 10 Sweet gas. » Redetermined rate increase. 11 Sour gas (sweet gas rate less 0.4466 cent per Mcf deduction for sour gas). » Includes 0.6 cent per Mcf for facilities amortization deducted by buyer. 1 Does not consolidate for hearing or dispose of the several matters herein. FEDERAL REGISTER, VO L 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 NOTICES 13667

Qraham-MicHaells DrUllng Co. (Operate»), N orth Dakota The Commission on July 7, 1965, hav­ al (Graham-Michaells) requests a retro­ Benson Cavalier ing issued a notice of and order for active effective date of May 1. 1963, for Sup­ hearing on said application (Investment plement Nos. 3 and 7 to its PPC Gas Rate It has also been determined that in the Company Act Release No. 4298), such Schedule Nos. 16 and 17, respectively; an hereinafter-named counties in the State notice and order having provided that a effective date of November 4, 1964, for Sup­ of North Dakota the above-mentioned hearing on the aforesaid application be plement No. 4 to its FPC Gas Rate Schedule natural disasters have caused a continu­ held on the 24th day of August 1965, at No 26 A and B, and an effective date of Juñe 1, 1965, for Supplement No. 2 to its ing need for agricultural credit not 9:30 a.m., in the offices of the Commis­ PPC Gas Rate Schedule No. 27. Good cause readily available from commercial banks, sion’s Seattle Regional Office, 9th floor, has not been shown for waiving the 30-day cooperative lending agencies, or other Hoge Building, 701 Second Avenue, Seat­ notice requirement provided in section 4(d) responsible sources. tle, Washington; of the Natural Gas Act to permit earlier Present The Commission on August 18, 1965, effective dates for Graham-Michaelis’ rate North Dakota designation having issued an order postponing said fliings and such request is denied; Eddy______30 FR. 808 hearing until September 23, 1965, on Pan American Petroleum Corp.'s proposed Poster------30 P.R. 808 increased rate covers a sale in Arkansas September 22,1965, having issued an or­ where no formal ceiling rates have been Pursuant to the authority set forth der postponing such hearing until Octo­ established. The increased rate does exceed above, emergency loans will not be made ber 8, 1965, and on October 5, 1965, the 14.0 cents per Mcf ceiling established for in the above-named comities after De­ having issued an order further postpon­ adjacent Texas Railroad District No. 6 which cember 31, 1966, except to applicants ing said hearing until October 25, 1965; has been used for similar cases in the past. who previously received emergency or Counsel for Golconda having requested All of the proposed increased rates and withdrawal of said application and hav­ charges exceed the applicable area price special livestock loan assistance and who levels for increased rates as set forth in the can qualify under established policies ing represented that Golconda intends Commission’s Statement of General Policy and procedures. to file a notification of registration under No. 61-1, as amended (18 CFR Ch. I, Part 2, the Act, that said notification of registra­ §2.56). Done at Washington, D.C., this 21st tion is presently being prepared, and that [Fit. Doc. 65-11416; Piled, Oct. 26, 1965; day of October 1965. said notification of registration will be 8:45 ajn.] Orville L. F reeman, filed promptly; Secretary. It is ordered That said application be, and hereby is, withdrawn; [P.R. Doc. 65-11526; Filed, Oct. 26, 1965; 8:48 a.m.] It is further ordered That the hearing DEPARTMENT OF THE INTERIOR in the aforesaid matter be, and hereby is, cancelled. Bureau of Indian Affairs For the Commission (pursuant to [Minneapolis Area Office ^«delegation Order CIVIL AERONAUTICS BOARD delegated authority). 1, Arndt. 7] [Docket No. SA-385] [seal] Orval L. D uB ois, FORESTRY MATTERS AIRCRAFT ACCIDENT AT Secretary. MONTOURSVILLE, PA. [F.R. Doc. 65-11490; Piled, Oct. 26, 1965; Redelegation of Authority 8:45 a.m.] Supplemental Notice of Hearing October 19, 1965. Minneapolis Area Office Redelegation In the matter of investigation of ac­ [Pile No. 70-4317] Order 1, as amended, is further amended cident involving aircraft of United States by the addition of a new section under registry N8415H, which occurred at Mon- MISSISSIPPI POWER & LIGHT CO. Part 3, Authority of Specifically Desig­ toursville, Pa., on July 23, 1965; Docket Proposed Amendment of Articles of nated Employees, to read as follows; No. SA-385. Incorporation and Order Authoriz­ Section 3.233. Sale of Forest Products, Notice is hereby given that an Acci­ Red Lake Indian Mills. The Superin­ dent Investigation Hearing on the above ing Solicitation of Proxies tendent, Red Lake Agency, may exercise matter will be held commencing at 10:30 October 21,1965. any and all authority of the Secretary a.m. (local time), on Thursday, October Notice is hereby given that Mississippi set forth in 25 CFR Part 144. 28, 1965, in the Pickwick Room of the Power & Light Co. (“Mississippi”) , Post Holiday Inn, Williamsport, Pa. J ohn O. Crow, Office Box 1640, Jackson, Miss., 39205, an Deputy Commissioner. Dated this 21st day of October 1965. electric utility subsidiary company of Middle South Utilities, Inc., a registered [F.R. Doc. 65-11489; Piled, Oct. 26, 1965; [seal] R ichard G. R odriguez, Hearing Officer. holding company, has filed a declaration 8:45 a.m.] and an amendment thereto with this [F.R. Doc. 65-11514; Piled, Oct. 26, 1965; Commission pursuant to the Public Util­ 8:47 a.m.] ity Holding Company Act of 1935 (“Act”), designating sections 6(a)(2), DEPARTMENT OF AGRICULTURE 7, and 12(e) of the Act and Rule 62 Office of the Secretary promulgated thereunder as applicable to SECURITIES AND EXCHANGE the proposed transactions. All inter­ NORTH DAKOTA ested persons are referred to the declara­ COMMISSION tion, on file at the Office of the Com­ Designation and Extension of Areas [812-1716] mission, for a statement of the for Emergency Loans GOLCONDA MINING CORP. transactions therein proposed which are summarized below. For the purpose of making emergency / In order to make possible the issue and loans pursuant to section 321 of the Con­ Order Withdrawing Application and Cancelling Hearing sale in 1966 of 100,000 shares of a new solidated Farmers Home Administration series of its preferred stock (which will Act Of 1961 (7 U.S.C. 1961), it has been October 21, 1965. be the subject of a separate declaration determined that in the hereinafter- Golconda Mining Corp. (“Golconda”) , under the Act), Mississippi proposes to named counties in the State of North Wallace, Idaho, an Idaho corporation, amend its Articles of Incorporation so as Dakota natural disasters have caused a having filed an application pursuant to to increase the number of shares of its need for agricultural credit not readily section 3(b) (2) of the Investment Com­ authorized preferred stock from 104,476 available from commercial banks, co­ pany Act of 1940 (“Act”) requesting an to 204,476. In connection therewith, operative lending agencies, or other re­ order of the Commission declaring that Mississippi also proposes to make cer­ sponsible sources. Golconda is not an investment company; tain other changes in its Articles of In-

FEDERAL REGISTER, VOL, 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 No. 208----- 7 13668 NOTICES corporation so as to bring the preferred thereof or take such other action as it vehicles, as specified), from and to cer­ stock provisions thereof into conformity may deem appropriate. tain specified points in Illinois, Wiscon­ with this Commission’s Statement of It appearing to the Commission that sin, Iowa, Alabama, Arkansas, Tnriiana Policy regarding preferred stock subject Mississippi’s request for acceleration of Kansas, Kentucky, Michigan, Minnesota, to the Act (Holding Company Act Re­ the effectiveness of its declaration under Mississippi, Missouri, Ohio, Oklahoma! lease No. 13106, February 16, 1956). Rule 62 should be granted : Pennsylvania, Tennessee, and West Vir­ The declaration states that it will be It is ordered That the declaration, as ginia; (2) (SCHWERMAN TRUCKING necessary for Mississippi to hold a spe^ amended, regarding the proxy solicita­ CO., OF INDIANA, INC.) cement (in cial meeting of its stockholders and to tion material, filed pursuant to Rule 62, bulk, tank vehicles, packages, and bags, submit to its stockholders at such meet­ be, and the same hereby is, permitted to as specified), as a common carrier, over ing a proposal to amend the company’s become effective forthwith. irregular routes from, to and between Articles of Incorporation as mentioned For the Commission (pursuant to dele­ certain specified points in Illinois, above. It is further stated that under gated authority). Indiana, Ohio,. Kentucky, Wisconsin, and the applicable provisions of the Missis­ Michigan, with restrictions; and numer­ sippi Business Corporation Act, the [seal] Orval L. DuBois, ous other specified commodities (in bulk, affirmative vote of the holders of at least Secretary. tank vehicles, and shipper-owned vehi­ two-thirds of all issued and outstanding [P.R. Doc. 65—11491; Piled, Oct. 26, 1965; cles, as specified), from and to certain shares of the company’s preferred stock 8:45 a.m.] specified points in Indiana, Michigan, and common stock, as well as the affirm­ Wisconsin, Iowa, Illinois, Ohio, and Ken­ ative vote of the holders of at least two- tucky; (3) (SCHWERMAN TRUCKING thirds of all issued and outstanding CO. OF OHIO) cement (in bulk, pack­ shares of the company’s preferred stock INTERSTATE COMMERCE ' ages, and dry, as specified), as a com­ voting separately from the common mon carrier, over irregular routes, from, stock as one class, will be required for to, and between certain specified points the adoption of the proposed amend­ COMMISSION in Ohio, Indiana, Kentucky, West Vir­ ments. Proposed proxy solicitation ma­ [Notice 835[ ginia, Michigan, Virginia, and Pennsyl­ terial for such stockholders’ meeting has APPLICATIONS UNDER SECTIONS 5 vania, with restrictions; and numerous been filed pursuant to Rule 62 under the AND 210a(b) other specified commodities (in bulk, Act, and Mississippi proposes to mail the packages, tank vehicles, bags, shipper- same shortly after the Commission October 22, 1965. owned cylinders and trailers, containers, enters its order so authorizing. Missis­ The following applications are gov­ and hopper-type vehicles, as specified), sippi has requested that the Commission erned by the Interstate Commerce Com­ from, to and between certain specified accelerate the effectiveness of its dec­ mission’s special rules governing notice points in Ohio, Indiana, Michigan, laration under Rule 62. It is stated that of filing of applications by motor carriers Kentucky, West Virginia, Wisconsin, Middle South Utilities, Inc., holder of all of property or passengers under sections Illinois, Pennsylvania, Tennessee, New of its outstanding common stock, will 5(a) and 210a(b) of the Interstate Com­ York, Missouri, Iowa, Minnesota, and vote such stock in favor of the charter merce Act and certain other proceedings New Jersey, with a restriction applying amendment. with respect thereto (49 CFR 1.240). to fly ash. Fees and expenses to be incurred in (4) (SCHWERMAN TRUCKING CO. connection with the proposed transac­ Motor Carriers of P roperty of New York, Inc.) cement (in bulk, bags, tions are estimated at $6,000, including No. MC-F-9239. Authority sought for packages, and dry, as specified), as a printing costs of $2,500 and counsel fees merger into SCHWERMAN TRUCKING common carrier, over irregular routes, of $3,000. The declaration states that CO., 611 South 28th Street, Milwaukee, from, to and between certain specified no State commission and no Federal Wis., 53246, of the operating rights and points in New York, New Jersey, Con­ commission, other than this Commission, properties of (1) SCHWERMAN necticut, Massachusetts, New Hamp­ has jurisdiction over the proposed TRUCKING CO. of ILLINOIS, Inc.; (2) shire, Rhode Island, Maine, Pennsyl­ transactions. SCHWERMAN TRUCKING COvOF IN­ vania, and Vermont, with restrictions; Notice is further given that any in­ DIANA, INC.; (3) SCHWERMAN (5) (SCHWERMAN TRUCKING CO. OF terested person may, not later than No­ TRUCKING CO. OF OHIO; (4) TEXAS) cement, as a common carrier, vember 6, 1965, request in writing that SCHWERMAN TRUCKING CO. OF over irregular routes, from Dallas and a hearing be held in connection with NEW YORK, INC.; (5) SCHWERMAN Houston, Tex., to points in Arkansas, the proposed amendment of the Articles TRUCKING CO. OF TEXAS; and (6) Louisiana, and Oklahoma, with restric­ of Incorporation, stating the nature of SCHWERMAN CO. OF PENNSYL­ tion; (6) (SCHWERMAN CO. OP PENN­ his interest, the reasons for such request, VANIA, INC.; all located at 611 South SYLVANIA, INC.) cement (in bulk, tank, artd the issues of fact or law raised by 28th Street, Milwaukee, Wis., 53246, and hopper type vehicles, or bags, as speci­ said declaration which he desires to con­ for acquisition by FRED J. SCHWER­ fied) , as a common carrier, over irregu­ trovert; or he may request that he be MAN, CARL L. SCHWERMAN, ESTATE lar routes, from, to and between certain notified if the Commission should order OF FRED SCHWERMAN, Sr. (FRED J. specified points in Rhode Island, Vir­ a hearing thereon. Any such request SCHWERMAN, RICHARD D. ginia, Pennsylvania, Ohio, Maryland, should be addressed: Secretary, Securi­ SCHWERMAN, and GEORGE LAIKIN, West Virginia, New York, Connecticut, ties and Exchange Commission, Wash­ CO-EXECUTORS), and the GRAND­ Delaware, Massachusetts, New Jersey, ington, D.C., 20549. A copy of such re­ CHILDREN AND SPECIAL TRUSTS of and the District of Columbia, with re­ quest should be served personally or by FRED SCHWERMAN, Sr. (CARL L. strictions. This notice does not purport; mail (air mail if the person being served SCHWERMAN, REPRESENTATIVE), of to be a complete description of all of the is located more than 500 miles from the control of such rights and properties operating rights of the carriers involved. point of mailing) upon the declarant at through the transaction. Applicants’ at­ The foregoing summaries are believed to the above-stated address, and proof of torneys: James R. Ziperski, 611 South be sufficient for purposes of public notice service (by affidavit or, in case of an 28th Street, Milwaukee, Wis., 53246, and regarding the nature and extent of these attorney at law, by certificate) should Clyde Herring, 640 Shoreham Building, carrier’s operating rights, without stat­ be filed contemporaneously with the re­ Washington, D.C. Operating rights ing, in full, the entirety thereof, lh sought to be merged: order to be apprised of a complete de­ quest. At any time after said date, the (1) (SCHWERMAN TRUCKING CO.scription of the operating rights of tn declaration, as amended or as it may be OF ILL., INC.) Cement (in bulk and carriers listed above, an examination o further amended, may be permitted to packages as specified), as a common car­ the authority granted in Dockets w • become effective as provided in Rule 23 rier, over irregular routes, from, to and (1) MC-124123, (2) MC-124048, W of the general rules and regulations between certain specified points in Illi­ MC-I24047, (4) MC-124034, (5X promulgated under the Act, or the Com­ nois, Indiana,, Wisconsin, and Iowa, with i 24049, and (6) MC-123992, and sub mission may grant exemption from such restrictions; and other numerous speci­ numbers thereunder, respectively, win oe rules as provided in Rules 20(a) and 100 fied commodities (in bulk, bags, and tank necessary. SCHWERMAN TRUCKING

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 NOTICES 13669

CO., is authorized to operate as a com­ It is further ordered, That any tariffs 211.1(c) (8) ) and notice thereof to all mon carrier in Kentucky, Tennessee, or tariff provisions published under the interested persons is hereby given as Iowa, Illinois, Wisconsin, Minnesota, authority of this order shall explicitly provided in such rules (49 CFR 211.1 Missouri, Indiana, Georgia, Alabama, so state, making reference to this order (d )(4)). South Carolina, Florida, North Carolina, by number and date. Protests against the use of any pro­ Mississippi, Arkansas, West Virginia, And it is further ordered, That notice posed deviation route herein described Nebraska, North Dakota, Oklahoma, to the affected railroads and the general may be filed with the Interstate Com­ Texas, Kansas, Ohio, Michigan, South public shall be given by depositing a merce Commission in the manner and Dakota, Louisiana, Pennsylvania, Mary­ copy of this order in the Office of the form provided in such rules (49 CFR land, Virginia, Colorado, Montana, New Secretary of the Commission and by fil­ 211.1(e)) at any time, but will not oper­ Mexico, and Wyoming. Applicatiori has ing a copy with the Director, Office of ate to stay commencement of the pro­ been filed for temporary authority under the Federal Register; and that copies posed operations unless filed within 30 section 210a(b). N ote: Common con­ be mailed to the Chairman of the Traffic days from the date of publication. trol of the above carriers has been ap­ Executive Association-Eastern Railroads, Successively filed letter-notices of the proved by this Commission, where neces­ New York, N.Y.”, the Chairman of the same carrier under the Commission’s sary, in prior proceedings. Southern Freight Association, Atlanta, Deviation Rules Revised, 1957, will be Ga., the Chairman of the Executive numbered consecutively for convenience By the Commission. , Committee, Western Railroad Traffic in identification and protests if any [seal] H. N eil Garson, Association, Chicago, 111., the Vice Presi­ should refer to such letter-notices by Secretary. dent and Director, Bureau of Railway number. [P.R. Doc. 65-11511; Filed, Oct. 20, 1965; Economics, Association of the American Motor Carriers of P roperty 8:47 am.] Railroads, Washington, D.C., and to the President of the American Short Line No. MC 59680 (Deviation No. 40), Railroad Association, Washington, D.C. STRICKLAND TRANSPORTATION [Disaster Order 11] CO., INC., Post Office Box 5689, Dallas, Dated at Washington, D.C., this 21st LOUISIANA Tex., 75222 filed October 11, 1965. Car­ day of October AD. 1965. rier proposes to operate as a common Railroad Carriers Authorized To By the Commission, Vice Chairman carrier, by motor vehicle of general com­ Transport Hay at Reduced Rates Bush. modities, with certain exceptions, over a deviation route as follows: From Boston, It appearing, That because of recent [ seal] H. N eil Garson, Secretary. Mass., over Interstate Highway 90 to hurricane Betsy in the State of Louisiana Cleveland, Ohio, and return over the the Secretary of the U.S. Department of [F.R. Doc. 65-11497; Filed, Oct. 26, 1965; same route, for operating convenience Agriculture, by letter dated October 18, 8:45 a.m.] 1965, has requested the Commission to only. The notice indicates that the car­ enter an order under section 22 of the rier is presently authorized to trans­ FOURTH SECTION APPLICATION FOR port the same commodities over a per­ Interstate Commerce Act authorizing tinent service route as follows: From railroads subject to the Commission’s RELIEF jurisdiction to transport hay to the State Boston, Mass., over U.S. Highway 20 to October 22, 1965. of Louisiana at reduced rates: Springfield, Mass., thence over U.S. ft is ordered, That carriers by railroad Protests to the granting of an appli­ Highway 5 to New Haven, Conn., thence participating in the transportation of hay cation must be prepared in accordance over U.S. Highway 1 to Newark, N.J., to the parishes of Ascension, Assumption, with Rule 1.40 of the general rules of thence over New Jersey Turnpike to the Jefferson, LaFourche, Orleans, Plaque­ practice (49 CFR 1.40) and filed within Pennsylvania Turnpike, thence over mines, St. Bernard, St. Charles, St. 15 days from the date of publication of Pennsylvania Turnpike to the Ohio James, St. John the Baptist, St. Mary, this notice in the F ederal R egister. Turnpike, thence over the Ohio Turn­ pike and U.S. Highway 21 to Cleveland, and Terrebonne, all located in the State Long-and-S hort Haul of Louisiana, be, and they are hereby, Ohio, and return over the same routes. authorized under section 22 of the Inter­ FSA No. 40080—¿Fine coal to Terrell, No. MC 75320 (Deviation No. 23), state Commerce Act to establish and N.C. Filed by O. W. South, Jr., agent CAMPBELL SIXTY-SIX EXPRESS, maintain, until May 31, 1966, reduced (No. A4779), for interested rail carriers. INC., Post Office Box 807, Springfield, rates for such transportation, the rates to Rates on bituminous fine coal, subject Mo., filed October 11, 1965. Carrier be published and, filed in the manner to trainload minimum of 5,00(1 ne^ tons proposes to operate as a common car­ Prescribed in section 6 of the Interstate and to annual volume movement, all as rier, by motor vehicle, of general com­ Commerce Act except that they may be described in the application, in carloads, modities, with certain exceptions, over made effective one day after publication from mine origins in Kentucky and Vir­ deviation routes as follows: (1) From and filing instead of thirty. ginia, to Terrell, N.C. junction U.S. Highway 61 and Missouri It is further ordered, That the class of Grounds for relief—Nuclear and car­ Highway 74, at or near Cape Girardeau, Persons entitled to such reduced rates is rier competition. Mo., over Missouri Highway 74 to junc­ hereby defined as persons designated as Tariff—Southern Freight Association, tion Missouri Highway 25, thence over being in distress and in need of relief by agent, tariff ICC S-568. Missouri Highway 25 to junction U.S. the U.S. Department of Agriculture or by By the Commission. Highway 60, thence over U.S. Highway such state agents or agencies as may in 60 to junction U.S. Highway 67, and turn be designated by the U.S. Depart­ [seal] . H. N eil Garson, thence over U.S. Highway 67 to North ment of Agriculture to assist in relieving Secretary. Little Rock, Ark., and (2) from junction the distress caused by the hurricane. [F.R. Doc. 65-11498; Filed, Oct, 26, 1965; U.S. Highways 61 and 60 at or near 8:45 am.] Sikeston, Mo., over U.S. Highway 60 to It is further ordered, That, during the junction U.S. Highway 67, and thence period in which any reduced rates au- over U.S. Highway 67 to North Little f>a!}zec* this order are effective the [Notice 370] Rock, Ark., and return over the same arriers may, not withstanding the pro­ routes, for operating convenience only. fusions of section 4 of the Interstate MOTOR CARRIER ALTERNATE ROUTE DEVIATION NOTICES The notice indicates that the carrier ommerce Act, maintain higher rates to is presently authorized to transport the rectly intermediate points and main- October 22, 1965. same commodities over pertinent serv­ ain through rates in excess of the ag­ The following letter-notices of pro­ ice routes as follows: (1) From Memphis, gregate of intermediate rates over the posals to operate over deviation routes Tenn., over U.S. Highway 61 to St. Louis, me routes if one or more of the fac- for operating convenience only have Mo., (2) from Memphis, Term., over U.S. rs of such aggregate of intermediate been filed With the Interstate Commerce Highway 61 to Cape Girardeau, Mo., aies is a reduced rate established under Commission, under the Commission’s thence across the Mississippi River to ine authority of this order. Deviation Rules Revised, 1957 (49 CFR junction Illinois Highway 146 thence

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13670 NOTICES over Illinois Highway 146 to junction junction U.S. Highway 91 and Interstate that the carrier is presently authorized Illinois Highway 3, thence over Illinois Highway 15 (West Portneuf Junction) to transport passengers and the above Highway 3 to Red Bud, 111., thence over over Interstate Highway 15 to junction specified property over pertinent service Illinois Highway 159 to Belleville, 111., unnumbered highway (South Arimo route as follows: (1) From Indianapolis, thence over Illinois Highway 13 to East Junction), and (2) from junction U.S. Ind,, over U.S. Highway 31 to junction St. Louis, 111., and thence across the Highway 191 and Interstate Highway 15 U.S. Highway 24, thence over U.S. High­ Mississippi River to St. Louis, and (3) (Malad Pass), over Interstate Highway way 24 to Fort Wayne, Ind.; (2) from from Memphis, Tenn., over U.S. High­ 15 to junction U.S. Highway 191 (Malad Indianapolis, Ind., over Indiana High­ way 70 to Little Rock, Ark., and return City Junction), and return over the same way 67 to junction Indiana Highway 9 over the same routes. routes, for operating convenience only. and County Highway, thence over Motor Carriers of P assengers The notice indicates that the carrier is County Highways via Pendleton, Ind., presently authorized to transport pas­ to junction Indiana Highway 67 at a No. MC 1515 (Deviation No. 268) sengers and the above-specified property point northeast of Huntsville, Ind., (Cancels portion of deviation No. 225), over pertinent service routes as follows: thence over Indiana Highway 9 to GREYHOUND LINES, INC. (Western (1) From Pocatello, Idaho, over U.S. Anderson, Ind.," thence over Indiana Division), Market and Fremont Streets, Highway 91 to the Idaho-Utah State line Highway 32 to Muncie, Ind., thence over San Francisco, Calif., filed October 12, (connects with Utah route 7), and (2) Indiana Highway 3 to junction Indiana 1965. Applicant’s representative: W. T. from Downey, Idaho, over U.S. Highway Highway 18, thence over Indiana High­ Meinhold, 271 Market Street, San Fran­ 191 to the Idaho-Utah State line (con­ way 18 to Fiat, Ind., thence over Indiana cisco, Calif., 94105. Carrier proposes to nects with Utah route 6), and return Highway 1 to Fort Wayne, Ind.; and (3) operate as a common carrier, by motor over the same routes. from junction Indiana Highway 18 and vehicle of passengers and their baggage, No. MC 1515 (Deviation No. 271), County Highway (a short distance east in the same vehicle with passengers, over GREYHOUND LINES, INC. (Western of Montpelier), over County Highway a deviation route as follows: From Ven­ Division), Market and Fremont Streets, via Keystone, Ind,, to Poneto, Ind., tura, Calif., over California Highway San Francisco, Calif., 94106, filed Octo­ thence over Indiana Highway 118 to 126 to junction unnumbered highway ber 15, 1965. Carrier’s representative: junction Indiana Highway 1, and return (Santa Paula Junction), and return over W. T. Meinhold, 371 Market Street, San over the same routes. the same route, for operating conven­ Francisco, Calif., 94105. Carrier pro­ ience only. The notice indicates that poses to operate as a common carrier, By the Commission. the carrier is authorized to transport by motor vehicle, of passengers and their [seal] H. N eil Garson, passengers and the same property over a baggage, and express, newspapers, and Secretary. pertinent service route as follows: From mail, in the same vehicle with passen­ [F.R. Doc. 65-11499; Filed, Oct. 26, 1965; Ventura, Calif., over California Highway gers, over deviation routes as follows: 8:46 a.m.] 126 to Newhall Ranch (junction U.S. (1) From junction unnumbered highway Highway 99), and return over the same and Interstate Highway 90 (West Cyr route. Junction), over Interstate Highway 90 [Notice 832] No. MC 1515 (Deviation No. 269) to junction unnumbered highway (Nine MOTOR CARRIER APPLICATIONS AND (Cancels portion of Deviation No. 225), Mile Junction), (2) from junction un­ CERTAIN OTHER PROCEEDINGS GREYHOUND LINES, INC. (Western numbered highway and Interstate High­ Division), Market and Fremont Streets, way 90 (Missoula), over Interstate High­ October 22,1965. San Francisco, Calif., 94106, filed Octo­ way 90 to junction unnumbered highway The following publications are gov­ ber 12,1965. Applicant’s representative: (South Turah Junction), (3) from junc­ erned by the new Special Rule 1.247 of W. T. Meinhold, 271 Market Street, San tion unnumbered highway and Inter­ the Commission’s rules of practice, pub­ Francisco, Calif., 94105. Carrier pro­ state Highway 90 (West Drummond lished in the F ederal R egister, issue of poses to operate as a common carrier, Junction), over Interstate Highway 90 December 3,1963, which became effective by motor vehicle of passengers and their to junction unnumbered highway (East January 1,1964. baggage, in the same vehicle with pas­ Drummond Junction), and (4) from The publications hereinafter set forth sengers, over deviation routes as follows: junction unnumbered highway and In­ reflect the scope of the applications as (1) From junction unnumbered highway terstate Highway 90 (North Opportunity filed by applicants, and may include de­ and U.S. Highway 101 (Santa Rita Junc­ Road Junction), over Interstate High­ scriptions, restrictions, or limitations tion) , over U.S. Highway 101 to junction way 90 to junction unnumbered highway which are not in a form acceptable to unnumbered highway (Sherwood Park (Gregson Road Junction), and return the Commission. Authority which ulti­ Junction, Salinas), and (2) from junc­ over the same routes, for operating con­ mately may be granted as a result of tion unnumbered highway and U.S. venience only. The notice indicates that the applications here noticed will not Highway 101 (North Gonzales Junction), the carrier is presently authorized to necessarily reflect the phraseology set ever U.S. Highway 101 to junction un­ transport passengers and the above- forth in the application as filed, but also numbered highway (South Gonzales specified property over a pertinent serv­ will eliminate any restrictions which are Junction), and return over the same ice route as follows: From the Idaho- not acceptable to the Commission. routes, for operating convenience only. Montana State line over U.S. Highway 10 The notice indicates that the carrier is to Butte, Mont, (connects with Idaho Applications Assigned for Oral H ea r in g presently authorized to transport pas­ route 4), and return over the same route. MOTOR CARRIERS OF PROPERTY sengers and the same property over a No. MC 54591 (Sub-No. 4) (Deviation No. MC 51146 (Sub-No. 30) (REPUB­ pertinept service route as follows: From No. 1), WESSON COMPANY, a corpo­ LICATION), filed October 1, 1965, pub­ San Francisco, Calif., over U.S. Highway ration, 250 West Ohio St., Indianapolis, lished in F ederal R egister issue of Oc­ 101 to San Luis Obispo, Calif., and re­ Ind., filed October 8, 1965. Applicant’s tober 21,1965, and republished t h i s issue. turn over the same route. representative: Harry J. Harman, 1110- Applicant: SCHNEIDER TRANSPORi No. MC 1515 (Deviation No. 270) 1112 Fidelity Building, Indianapolis, Ind. & STORAGE, INC., 817 M c D o n a l d (Cancels Deviation No. 231), GREY­ Carrier proposes to operate as a com­ Street, Green Bay, Wis. Applicants HOUND LINES, INC. (Western Divi­ mon carrier of passengers, and their representative: Charles W. Singer, _ sion) , Market and Fremont Streets, San baggage, and express, newspapers and North La Salle Street, Chicago, HI. au­ Francisco, Calif., 94106, filed October 12, mail in the same vehicle with passengers, thority sought to operate as a com«* 1965. Applicant’s representative: W. T. over a deviation route as follows: From carrier, by motor vehicle, over irre^7 Meinhold, 371 Market Street, San Fran­ junction Indiana Highway 67 and Inter­ routes, transporting: Glassware, 9 cisco, Calif., 94105. Carrier proposes to state i Highway 69, approximately 9 miles containers, caps, covers, tops, stopper , operate as a common carrier, by motor south of Anderson, Ind., over Interstate and accessories for glass containers an vehicle, of passengers and their baggage, Highway 69 to junction U.S. Highway and express newspapers, and mail, in 24, near Fort Wayne, Ind., and return paper cartons, from Winchester, in •> the same vehicle with passengers, over over the same route, for operating con­ points in Illinois, Michigan, and W is­ deviation routes as follows: (1) From venience only. The notice indicates consin, and damaged and rejected

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 NOTICES 13671 common carrier by motor vehicle of new merits, on return. Note: The purpose of Avenue, Fowler, Ind. Applicant’s . rep­ this republication is to (1) reflect exclu­ resentative: Robert C. Smith, 620 Il­ furniture, in cartons, from Bingham­ sion of the destination states of Iowa and linois, B u ild in g, Indianapolis 4, Ind. Au­ ton, N.Y., to points in Ohio, Indiana, Minnesota; and (2) indicate the hearing thority sought to operate as a common Illinois, Michigan, and those in Pennsyl­ information set forth below. carrier, by motor vehicle, over irregular vania west of U.S. Highway 15, restricted HEARING: November 4, 1965, in routes, transporting: Glassware and to traffic originating at the plantsites Room 908, Indiana Public Service Com­ glass containers, with or without caps, of S. J. Bailey and Sons at Walton, N.Y.,, mission, New State Office Building, 100 covers or stoppers, Winchester, Ind., to and Honesdale, Pa. Applicant states North Senate Avenue, Indianapolis, Ind., points in Wisconsin, Illinois, Missouri, that it intends to “tack” the authority before Examiner Charles J. Murphy. and points in Kentucky along the Ohio sought with its presently held authority No. MC 115331 (Sub-No. 158), pled River, and damaged and rejected ship­ in MC-97246 (Subs 1 and 2) and may October 13, 1965. Applicant: TRUCK ments, on return. “tack” the same with the authority TRANSPORT, INCORPORATED, 707 HEARING: November 4,1965, in Room which might result upon approval of ap­ Market Street, St. Louis, Mo., 63101. Au­ 908, Indiana Public Service Commission, plications presently pending in MC-F- thority sought to operate as a common New State Office Building, 100 North 8869 and MC-126588, which is directly carrier, by motor vehicle, over irregular Senate Avenue, Indianapolis, Ind., be­ related to MC-F-8869. In the event of routes, transporting: Hydraulic fluid, fore Examiner Charles J. Murphy. prior approval of the above-referenced from St. Louis, Mo., to points in Ohio, No. MC 127631, filed October 13, 1965. applications it is intended that Kerr Michigan, Missouri, Wisconsin, Illinois, Applicant: HAWAIIAN VAN AND Motor Lines, Inc., applicant therein, will Indiana, Kentucky, and Tennessee. STORAGE CO., LTD., 601 Middle Street, be substituted as applicant herein. In HEARING: November 19, 1965, at the Honolulu, Hawaii, 96819. Authority the event of prior approval of this ap­ US. Court and Custom House, St. Louis, sought to operate as a common carrier, plication, the application in MC-F-8869 Mo., before Examiner George A. Dahan. by motor vehicle, over irregular routes, will be amended to include any authority No. MC 117883 (Sub-No. 62) (Amend­ transporting: Used household goods as granted herein. The application was re­ defined by the Commission in 17 M.C.C. ferred to Examiner Raymond V. Sar, for ment) , filed September 7,1965, published hearing and the recommendation of an Federal Register issue of September 467, between points in Hawaii. 30,1965, amended October 19, 1965, and HEARING: November 8, 1965, at the appropriate order thereon. Hearing was republished as amended this issue. Ap­ U.S. District Courtroom, Federal Build­ held on July 14, 1965, at Syracuse, N.Y, plicant: SUBLER TRANSFER, INC., ing, Honolulu, Hawaii, before Commis­ A Report and Recommended Order, East Main Street, Versailles, Ohio. Au­ sioner Rupert L. Murphy. served August 24, 1965, which became thority sought to operate as a common No. MC 127632, filed October 13, 1965. effective September 23, 1965, finds that carrier, by motor vehicle, over irregular Applicant: TRANS-PACIFIC VAN CO., the present and future public conven­ routes, transporting: Glassware and LTD., 601 Middle Street, Honolulu, ience and necessity require operation by glass containers, with or without caps, Hawaii, 96819. Authority sought to op­ applicant as a common carrier, by motor covers or stoppers, and paper cartons, erate as a common carrier, by motor vehicle, in interstate or foreign com­ used in the packing of glassware and vehicle, over irregular routes, transport­ merce, of new furniture, in cartons, from glass containers, from Winchester, Ind., ing: Used household goods as defined the plantsites of S. J. Bailey & Sons, to points in Illinois, Kentucky, Michigan, by the Commission in 17 M.C.C. 467, Inc., at or near Walton, N.Y., and Hones- Missouri, Ohio, and Wisconsin. N ote : between points in Hawaii. dale, Pa., to points in Ohio, Indiana, The purpose of this republication is to HEARING: November 8, 1965, at the Illinois, Michigan, and those Pennsyl­ reflect (1) exclusion of the destination U.S. District Courtroom, Federal Build­ vania points west of U.S. Highway 15. States of Iowa, Minnesota, and West Vir­ ing, Honolulu, Hawaii, before Commis­ The examiner further finds that appli­ ginia, and (2) hearing information, set sioner Rupert L. Murphy. cant is fit, willing and able properly to forth below. No. MC 127657, filed October 17, 1965. perform such service and to conform to HEARING: November 4,1965, in Room Applicant: HAWAIIAN PACKING AND the requirements of the Interstate Com­ 908, Indiana Public Service Commission, CRATING COMPANY, LTD., 611 Middle merce Act and the Commission’s rules New State Office Building, 100 North Street, Honolulu, Hawaii^ 96819. Au­ and regulations thereunder. Inasmuch Senate Avenue, Indianapolis, Ind., be­ thority sought to operate as a common as the authority here recommended to fore Examiner Charles J. Murphy. carrier, by motor vehicle, over irregular be granted is from origins not set forth No. MC 123314 (Sub-No. 6) (Repub­ routes, transporting: Household goods in the application, and because it is pos­ lication), filed September 9, 1965, pub­ as defined by the Commission, (1) be­ sible that other parties, who have relied lished in Federal R egister issue Octo­ tween points in Hawaii and (2) between upon the notice of the application as ber 7, 1965, and republished this issue. points in Hawaii, Arizona, California, published, may have "an interest in and Applicant: JOHN F. WALTER, Post Of­ Colorado, Connecticut, Idaho, Indiana, would be prejudiced by the lack of proper fice Box 175, Newville, Pa. Applicant’s Illinois, Iowa, Louisiana, Maryland, notice of the authority described in the representative: Henry M. Wick, Jr., 1515 Massachusetts, Michigan, Missouri, New findings in this report, a notice of the au­ Park Building, Pittsburgh, Pa., 15222. Jersey, New Mexico, New York, North thority actually recommended to be Authority sought to operate as a common Carolina, Ohio, Oklahoma, Oregon, granted should be published in the F ed­ carrier, by motor vehicle, over irregular Pennsylvania, South Carolina, South eral R egister, and any proper party in routes, transporting: Glassware, glass Dakota, Tennessee, Texas, Virginia, interest permitted to file an appropriate containers, caps, covers, stoppers or tops Washington, and Washington, D.C. pleading within a period of 30 days from Jor glass containers, paper cartons, and HEARING: November 8, 1965, at the the date of such publication. Pallets, and damaged or rejected ship­ U.S. District Courtroom, Federal Build­ No. MC 119778 (Sub-No. 80) (republi­ ments of the commodities specified ing, Honolulu, Hawaii, before Commis­ cation) , filed December 30, 1964T pub­ above, between Winchester, Ind., on the sioner Rupert L. Murphy. lished F ederal R egister issue of January one hand, and, on the other, points in No. MC 97246 (Sub-No. 4) (Republica­ 20,1965, and republished, this issue. Ap­ Kentucky, Ohio, Michigan, Illinois, and tion) , filed February 23, 1965, published plicant: REDWING CARRIERS, INC., Missouri. Note: The purpose of this F ederal R egister March 17, 1965, and Post Office Box 34, Powderly Station, epublication is to reflect the hearing October 6,1965, respectively, and repub­ Birmingham, Ala. Applicant’s repre­ miormation, and also to change the des­ lished, this issue; Applicant: CONRAD sentative: Frank B. Hand, Jr., 921 17th tination States to be served, TRUCKING COMPANY, INC., Yt Jack- Street NW., Washington 6, D.C. By ap­ on» t November 4,1965, in Room son Street, Binghamton, N.Y. Appli­ plication filed December 30, 1964, as ]W a ^ ana ^ b lic Service Commission, cant’s representative: Herbert M. Canter, amended at the hearing, applicant seeks J Office Building, 100 North Sen- 345 South Warren Street, Syracuse, N.Y. a certificate of public convenience and pvo • enue> Indianapolis, Ind., before By application filed February 23, 1965, necessity authorizing operation in inter­ examiner Charles J. Murphy. as amended at the hearing, applicant state or foreign commerce, as a common 124183 (Sub-No. 6), filed Oc- seeks a certificate of public convenience carrier, by motor vehicle, over irregular TRAxri« 196s- Applicant: GARRISON and necessity authorizing operation, in routes, of fly ash, (1) from points in TRANSPORT, INC., 405 South Grant interstate or foreign commerce, as a Cobb, Chatham, and Putnam Counties;

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 13672 NOTICES

Ga., to points in Alabama, Georgia, ance of a certificate in this proceeding Sioux City Dressed Pork, Inc. MC 109749 South Carolina, North Carolina, Vir­ will be withheld for a period of 30 days (Sub-No. 22) , Sioux City, Iowa, to ap­ ginia, Florida, Tennessee, Kentucky, from the date of such publication, dur­ proximately southern two-thirds of Ne­ Mississippi, Louisiana, Arkansas and ing which period any proper party in braska, under contract with Swift & Co. Texas (except fly ash in bags from points interest may file an appropriate protest By the instant petition, petitioner re­ in Cobb County, Ga., and points in Put­ or other pleading. quests permission to add Floyd Valley nam County, Ga., on and west of U.S. N otice of F iling of P etitions Packing Co., Sioux City, Iowa, as a con­ Highway 129, to points in Alabama tracting shipper in addition to those within 65 miles of Birmingham, includ­ No. MC 92983 (Sub-No. 117) (Peti­ presently authorized. Any person or ing Birmingham); (2) from points in tion for modification), filed September persons desiring to oppose the relief Bibb County, Ga., to points in Georgia, 30, 1965. Petitioner: ELDON MILLER, sought by the instant petition, may, 'South Carolina, North Carolina, Vir­ INC., Kansas City, Mo. Petitioners rep­ within 30 days from the date of this pub­ ginia, Tennessee, Kentucky, Mississippi, resentative: W. T. Croft, Federal Bar lication in the F ederal R egister, file an Louisiana, Arkansas, and Texas (except Building, 1815 H Street NW., Washing­ appropriate pleading, consisting of an (a) fly ash in bulk from Macon, Ga., to ton, D.C. Petitioner states that it holds original and six copies each. points in Tennessee on and east of U.S. authority in No. MC 92983 (Sub-No. 117) Highway 27, and (b) fly ash in bags to transport: Petroleum products, re­ Applications U nder S ections 5 and from Macon, Ga., to points in North quiring heat in transit to maintain liquid 210a(b) Carolina, South Carolina, and points in form, in bulk, in tank vehicles, over ir­ The following applications are gov­ Tennessee on and east of U.S. Highway regular routes, from points in Kansas to erned by the Interstate Commerce Com­ 27); and (3) from points in Shelby points in Missouri and Illinois, from mission’s special rules governing notice .County, Ala., to points in South Caro­ points in Missouri to points in Kansas of filing of applications by motor carriers lina, North Carolina, Virginia, Kentucky, and Illinois, and from points in Illinois of property or passengers under sections and Florida. The application was re­ to points in Missouri and Kansas. By 5(a) and 210a(b) of the Interstate Com­ ferred to Examiner Walter R. Lee for the instant petition, petitioner requests merce Act and certain other proceedings hearing and the recommendation of an that the words “requiring heat in tran­ with respect thereto (49 CFR 1.240). appropriate order thereon. Hearing was sit to maintain liquid form” be elimi­ held on a consolidated record at Atlanta, nated from its certificate and that the Motor Carriers of P roperiv Ga., on May 27,1965. words “requiring insulation or tempera­ No. MC-F-9237. Authority sought for A report and recommended order, ture control in transit to maintain liquid purchase by P. SALDUTTI & SON, INC., served September 7, 1965, which became form” be substituted. Any person or 497 Raymond Boulevard, Newark, N.J., of effective October 7, 1965, finds that the persons desiring to participate in this the operating rights of PAPER CAR­ present and future convenience and proceeding, may, within 30 days from RIERS CORP., 14 Devonshire Terrace, necessity require operation by applicant the date of this publication in the F ed­ West Orange, N.J., and for acquisition by as a common carrier by motor vehicle, eral R egister, file an appropriate plead­ MELVIN CHIRLS, 25 Highland Avenue, in interstate or foreign commerce, over ing, consisting of an original and six Maplewood, N.J., ANDREW ALDI, 342 irregular routes, of fly ash (1) from copies each. Lafayette Street, Newark, N.J., and I. points in Cobb, Chatham, and Putnam No. MC 109749 (Sub-No. 7) (Sub-No. ALLEN CHIRLS, 25 Van Velsor Place, Counties, Ga., to points in Alabama, 9) (Sub-No. 11) (Sub-No. 12) (Sub-No. Newark, N.J., of control of such rights South Carolina, North Carolina, Vir­ 20) (Sub-No. 31) and (Sub-No. 22) (Pe­ through the purchase. Applicants’ rep­ ginia, Florida, Tennessee, Kentucky, tition to amend permits), filed October resentative: Bert Collins, 140 Cedar Mississippi, Louisiana, Arkansas, and 11, 1965. Petitioner: GAIL W. DAHL Street, New York, N.Y., 10006. Op­ Texas (except fly ash in bags from points AND FRED E. HAGEN, a partnership, erating rights sought to be transferred: in Cobb County, Ga., and points in Put­ doing business as DAHL TRUCK LINES, Paper, paper products, waste paver, nam County, Ga., on and west of U.S. Sioux City, Iowa. By the instant peti­ empty skids, empty carboys and cylin­ Highway 129, to points in Alabama tion, petitioner requests authority to ders, and machinery, 'machine parts, and within 65 miles of Birmingham, includ­ amend certain of its permits. The in­ equipment used in the manufacture and ing Birmingham); (2) from points in volved authorities, as summarized, gen­ distribution of paper products, as a com­ Bibb County, Ga., to points in South erally authorize the transportation as a mon carrier, over irregular routes, be­ Carolina, North Carolina, Virginia; Ten­ contract carrier of meats, meat products, tween New York, N.Y., and points in Ber­ nessee, Kentucky, Mississippi, Louisiana, meat byproducts and articles distrib­ gen, Essex, Hudson, Passaic, and Union Arkansas, and Texas (except (a) fly ash uted by meat packinghouses, in inter­ Counties, N.J., on the one hand, and, in bulk from Macon, Ga., to points in state commerce, as follows: MC 109749 on the other, Lee, Mass., Cohoes, N.Y., Tennessee on and east of U.S. Highway (Sub-No. 7), Sioux City, Iowa, to Baker, points in Connecticut, points in that 27, and (b) fly ash in bags from Macon, Mont., and the northwestern part of part of Massachusetts on and east of U.S. Ga., to points in North Carolina, South South Dakota, under contract with Swift Highway 5 from the Connecticut-Massa- Carolina, and points in Tennessee on & Co. MC 109749 (Sub-No. 9), Sioux Chusetts State line to Turners Falls, and east of U.S. Highway 27); and (3) City, Iowa, to Onida, S. Dak., under con­ Mass., and on and south of Massachu­ from points in Shelby County, Ala., to tract with Swift & Co. MC 109749 (Sub- setts Highway 2, points in that part of points in South Carolina, North Caro­ No. 11), Sioux City, Iowa, and Water- New York, on and east of a line begin­ lina, Virginia, Kentucky, and Florida, town, S. Dak., to approximately the ning at the New York-Pennsylvania subject to prior republication of a cor­ southwestern one-third of Minnesota. State line and extending along U.S. rected notice in the F ederal R egister Sioux City, Iowa, to points in North Highway 11 to Syracuse, N.Y., and thence concerning the addition of Putnam Dakota. Return shipments to Sioux along New York. Highway 57 to Oswego, County as hereinbefore described. The City, under contract with Swift & Co., N.Y., and points on and south of a line examiner further finds that applicant is Armour & Co., and Sioux City Dressed beginning at Oswego, and extending fit, willing, and able properly to perform Pork, Inc. MC 109749 (Sub-No. 12), along U.S. Highway 104 to Mexico, N.x such service and to conform to the re­ Sioux City, Iowa, to Scottsbluff, Nebr., thence along New York Highway 69 quirements of the Interstate Commerce southeastern portion of Montana, and Utica, N.Y., thence along New Yorx Act and the Commission’s rules and reg­ the eastern two-thirds of Wyoming, u n -. Highway 5 to Schenectady, N.Y., ana ulations thereunder. Because, it is pos­ der contract with Armour & Co., Sioux thence along New York Highway < sible that other parties, who have relied City Dressed Pork, Inc., and Swift & Co. the New York-Vermont State line, ana upon the notice of the application as MC 109749 (Sub-No. 20), Sioux City, points in Pennsylvania on and east oi published, may have an interest in and Iowa, to Agar, S. Dak., and the extreme line beginning at the Pennsylvania-^ would be prejudiced by the lack of proper northeastern portion of South Dakota, York State line and extending along u. • notice of the authority described in the under contract with Swift & Co. and Highway 111 to Harrisburg, Pa., anu findings in this order, a notice of the Armour Si Co. MC 109749 (Sub-No. 21), thence along U.S. Highway 111 th™uv° authority actually granted will be pub­ Sioux City, Iowa, to the western one- York, Pa., to the Pennsylvama-Maiy lished in the F ederal R egister and issu­ third of Wyoming, under contract with land State line, between New York, n . •*

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 NOTICES 13£73 on the one hand, and, on the other, points the Commission’s rules of practice, pub­ Indiana,.Iowa, Kansas, Michigan, Min­ in Bergen, Essex, Hudson, Passaic, and lished in the F ederal R egister, issue of nesota, Nebraska, and Wisconsin. Union Counties, N.J.; and scrap tin cans, December 3, 1963, which became effec­ HEARING: November 15, 1965, at the from New York, N.Y., to Edge Moor, Del. tive January 1,1964. Pickwick Motor Inn, McGee and 10th Vendee is authorized to operate as a The publications hereinafter set forth Streets, Kansas City, Mo., before Ex­ common carrier in New Jersey, New York, reflect the scope of the applications as aminer Charles J. Murphy. Connecticut, Pennsylvania, Delaware, filed by applicants, and may include No. MC 35334 (Sub-No. 61), filed Maryland, Maine, Massachusetts, New descriptions, restrictions, or limitations October 14, 1965. Applicant: COOPER- Hampshire, Rhode Island, Vermont, Vir­ which are not in a form acceptable to JARRETT, INC., 23 South Essex Avenue, ginia, West Virginia, and the District of the Commission. Authority which ulti­ Orange, N.J. Applicant’s representa­ Columbia. Application has not been filed mately may be granted as a result of tive: Harris J. Klein, 280 Broadway, for temporary authority under section the applications here noticed will not New York, N.Y;, 10007. Authority 210a(b). necessarily reflect the phraseology set sought to operate as a common carrier, No. MC-F-9238. Authority sought for forth in the application as filed but also by motor vehicle, over irregular routes, control and merger by SHAMROCK VAN will eliminate any restrictions which are transporting: Meats, packinghouse prod­ LINES, INC., 432 North Belt Line Road, not acceptable to the Commission. ucts and commodities used by packing­ Irving, Tex., of the operating rights houses, between the plantsite of Mis­ Applications Assigned for Oral souri Beef Packers, Inc., Phelps City, and property of RELIABLE TRUCKING H earing CO., INC., Box 1350, Hickory, N.C., and Mo., on the one hand, and, on the other, for acquisition by R. C. DAWE, also of MOTOR CARRIERS OF PROPERTY points in Illinois, Ohio, New Jersey, Irving, Tex., of control of such rights The applications immediately follow­ Pennsylvania, New York, Connecticut, and property through the transaction. ing are assigned for hearing at the time Maryland, and Delaware. Applicants’ attorneys: Max G. Morgan, and place designated in the notice of HEARING: November 15, 1965, at the 450 American National Building, Okla­ filing as here published in each proceed­ Pickwick Motor Inn, McGee and 10th homa City, Okla., K. D. Thomas, Aber­ ing. All of the proceedings are subject Streets, Kansas City, Mo., before Ex­ nathy Professional Building, 343 Sec­ to the special rules of procedure for aminer Charles J. Murphy. ond Street NW., Hickory, N.C., and Allen hearing outlined below: No. MC 124174 (Sub-No. 37), filed Melton, 410 Rio Grande Building, Irving, Special rules of procedure for hearing. October 19, 1965. Applicant: MOMSEN Tex. Operating rights sought to be con­ (1) All of .the testimony to be adduced TRUCKING COMPANY, a corporation, trolled and merged: General commodi­ by applicant’s company witnesses shall Highways 71 and 18 North, Spencer, ties, excepting, among others, household be in the form of written statements Iowa, 51301. Authority sought to oper­ goods and commodities in bulk, as a com­ which shall be submitted at the hearing ate as a common carrier, by motor mon carrier, over irregular routes, from at the time and place indicated. vehicle, over irregular routes, transport­ New York, N.Y., Philadelphia, Pa., and (2) All of the written statements by ing: Meat, meat products, meat by­ Baltimore, Md., to High Point and applicant’s company witnesses shall be products, and articles distributed by Greensboro, N.C.; new furniture, ply­ offered in evidence at the hearing in the meat packinghouses, as described in sec­ wood, and veneers, from High Point, N.C., same manner as any other type of evi­ tions A and C of appendix I to the report and points in North Carolina within 150 dence. The witnesses submitting the in Descriptions in Motor Carrier Cer­ miles of High Point, to Wilmington, Del., written statements shall be made avail­ tificates, 61 M.C.C. 209 and 766 (except Baltimore, Md., Freeport, N.Y., points able at the hearing for cross-examina­ commodities in bulk in tank vehicles), in the New York, N.Y., commercial zone tion, if such becomes necessary. from the plantsite of Missouri Beef as defined by the Commission in 1 M.C.C. (3) The written statements by appli­ Packers, Inc., and its cold storage facili­ 665, and those in Pennsylvania, New Jer­ cant’s company witnesses, if received in ties, at or near Phelps City, Mo., sey, South Carolina, Virginia, West Vir­ evidence, will be accepted as exhibits. to points in Nebraska, Iowa, Minne­ ginia, and the District of Columbia; fur­ To the extent the written statements re­ sota, Wisconsin, Illinois, Indiana, and niture parts, supplies and accessories fer to attached documents such as copies Michigan. therefor, and pianos, from New York, of operating authority, etc., they should HEARING: November 15, 1965, at the N.Y., and Philadelphia, Pa., to High be referred to in written statement as Pickwick Motor Inn, McGee and 10th Point, N.C., and points in North Caro­ numbered appendixes thereto. Streets, Kansas City, Mo., before Exam­ lina within 150 miles of High Point; and (4) The admissibility of the evidence iner Charles J. Murphy. moss, wood-wool, and burlap, from contained in the written statements and By the Commission. Charleston, S.C., to High Point, N.C., the appendices thereto, will be at the and points in North Carolina within 150 time of offer, subject to the same rules [seal] H. N eil Garson, nujes of High Point. SHAMROCK VAN as if the evidence were produced in the Secretary. LINES, INC., is authorized to operate usual manner. [F.R. Doc. 65-11501; Filed, Oct. 26, 1965; as a common carrier in all States in the (5) Supplemental testimony by a 8:46 a.m.] United States (except Alaska, Hawaii, witness to correct errors or to supply Jowa, Minnesota, South Dakota, and inadvertent omissions in his written [Notice 1252] Vermont), and the District of Columbia; statement is permissible. ana as a broker in all States in the United No. MC 25869 (Sub-No. 46), filed MOTOR CARRIER TRANSFER nn « !excePt Alaska and Hawaii). Ap­ October 5, 1965. Applicant: NOLTE PROCEEDINGS plication has been filed for temporary BROS. TRUCK LINE, INC., 2509 O authority under section 210a(b). Street, Post Office Box 184, South October 22,1965. Omaha, Nebr. Applicant’s representa­ Synopses of orders entered pursuant By the Commission. tive: Duane W. Acklie, Box 2028, Lincoln, to section 212(b) of the Interstate Com­ [seal] , H. Neil Garson, Nebr. Authority sought to operate as a merce Act, and rules and regulations Secretary. common carrier, by motor vehicle, over prescribed thereunder (49 CFR Part tp R. Doc. 65-11500; Filed, Oct. 26, 1965; irregular routes, transporting: Meats, 179), appear below: 8:46 a.m.] meat products, meat byproducts and As provided in the Commission’s spe­ articles distributed by meat packing­ cial rules of practice any interested per­ houses, as described in sections A and C, son may file a petition seeking recon­ [Notice 834] appendix I, in Descriptions in Motor sideration of the following numbered proceedings within 20 days from the date MOTOR c a r r ie r applications a n d Carrier Certificates 61 M.C.C. 209 and of publication of this notice. Pursuant c e r t a in o t h e r proceedings 766 (except hides and commodities in to section 17(8) of the Interstate Com­ bulk, in tank vehicles), from plantsite merce Act, the filing of such a petition O ctober 22, 1965. and/or storage facilities of Missouri will postpone the effective date of the eriw u*oll°wing publications are gov- Beef Packers, Inc. at or near Phelps order in that proceeding pending its dis­ uea by the new Special Rule 1.247 of City, Mo., to points in Colorado, Illinois, position. The matters relied upon by

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27. 1965 NOTICfS petitioners must be specified in their braska City and Plattsmouth, Nebr., to and Chicago, HI.; from South St. Paul ■ petitions with particularity. points in Nebraska, South Dakota, and Minn., to points in Iowa, with excep-’ I No. MC-FC-68198. By order of Octo­ Iowa as specified; peanut butter, table tions; from State Center, Iowa, and I ber 21, 1985, Transfer Board approved and flavoring syrup, extracts, prepared points within 30 miles thereof, to Chi- I the transfer to Frette-Nicholson Truck mustard, vinegar, canned and preserved cago, HI.; general commodities, with ex- | Lines, Inc., Ames, Iowa, of the operating food products, coffee, cereals, flour, des­ ceptions, from Chicago, and Moline, 111., I rights issued by the Commission May 20, sert, and beverage preparations, spices, to State Center, Iowa, and points within I 1943, under Certificate No. MC-52973, to and honey, between Sioux City, Iowa, on 30 miles thereof; farm machinery, from I Mercer Nicholson, doing business as the one hand, and, on the other, points Chicago, Rock Island, and Moline, HI., I Nicholson Truck Line, Ames, Iowa, in Nebraska and those as specified in to Story City, Iowa; from Chicago, Rock authorizing the transportation, over ir­ Kansas, Colorado, and Minnesota; such Falls, Canton, Rock Island, East Moline, regular routes, of packinghouse prod­ commodities as are dealt in by wholesale and Streator, 111., to Jewell, Iowa; feed ucts, from Des Moines, Iowa, to Chicago, and retail grocery stores, and equipment, and seed, from El Paso, HI., to points in HI., and St. Louis, Mo. J. F. Edell, 510 fixtures and supplies necessary in the Iowa on and north of U.S. Highway 6 Professional Building, Kansas City, Mo., conduct of such business, between Sioux and on and west of U.S. Highway 65; attorney for applicants. City, Iowa, and points as specified in dressed poultry, from Ellsworth, Iowa, No. MC-FC-68215. By order of Octo­ South Dakota, and between Sioux City, to Omaha, Nebr.; and empty containers ber 21, 1965, Transfer Board approved Iowa, and points in specified Minnesota used in transporting dressed poultry, the transfer to Holdcroft Transporta­ Counties; and livestock, agricultural from Omaha, Nebr., to Ellsworth, Iowa; I tion Co., an Iowa corporation, Sioux commodities, and household goods, be­ from machinery, farm implements, paint, City, Iowa, of the certificates in Nos. tween Tilden, Nebr., and points within and twine, from Chicago, Rock Falls, MC—41792, MC-41792 (Sub-No. 3), MC- 25 miles thereof, on the one hand, and, Moline, East Moline, Rock Island, Can­ 41792 (Sub-No. 4), MC-41792 (Sub-No. on the other, points in Iowa and South ton, and Rockford, 111., to points in ! 8), and MC-41792 (Sub-No. 9), issued Dakota. Donald E. Leonard, 605 South Hamilton, Hardin, Wright, and Frank­ March 5, 1959, March 23, 1951, October 14th, Box 2028, Lincoln, Nebr., attorney lin Counties, Iowa; wire, gates, nails, j 28, 1952, March 2, 1953, and March 27, for applicants. staples, and farm hardware, from Peoria, 1956, respectively, to Holdcroft Trans­ No. MC-FC-68235. By order of Oc­ Sterling, De Kalb, and Chicago, 111., to portation Co., an Illinois corporation, tober 21, 1965, Transfer Board approved points in 4 counties in Iowa; mill feeds, j Sioux City, Iowa, authorizing the trans­ the transfer to Marion Miller, Freeman, and tankage, from Chicago and Forest j portation of: General commodities, ex­ S. Dak., of Certificate No. MC-25790 Park, 111., to Alden, Iowa, and points cluding household goods, commodities in issued June 10, 1941, to John A. Gross, within 20 miles of Alden; livestock, poul­ bulk, and other specified commodities, Freeman, S. Dak., authorizing the trans­ try (live or dressed), and eggs, between over regular routes, between Valentine, portation of livestock, over irregular Alden, Iowa, and points within 20 miles Nebr., and Sioux City, Iowa, serving in­ routes, between Freeman, S. Dak., and of Alden, and those in Hamilton County, termediate points and specified off-route points within 12 miles of Freeman, on the Iowa, on the one hand, and, on the other, points; between Valentine, Nebr., and one hand, and, on the other, Sioux City, Chicago, HI., Omaha, Nebr., St. Paul, Omaha, Nebr., serving intermediate Iowa; and grain, feed, seed, building Albert Lea, and Austin, Minn.; stock and points and specified off-route points; be­ materials, liquid petroleum products, and feeder cattle, between Alden, Iowa, and tween Tekamah, Nebr., and Sioux City, farm machinery and implements, over points within 20 miles of Alden, on the Iowa, serving intermediate points; be­ irregular routes, from Sioux City, Iowa, one hand, and, on the other, points in tween Poster, Nebr., and Sioux City, to Freeman, S. Dak., and points within South Dakota, Nebraska, and Minnesota; Iowa, serving intermediate points and 12 miles of Freeman, with no transporta­ household goods, between Alden, Iowa, off-route points within 25 miles of tion for compensation on return except and points within 20 miles of Alden, and Poster; between junction U.S. Highway as otherwise authorized. those in Hamilton County, Iowa, on the 20 and Nebraska Highway 12 at or near No. MC-FC-68236., By order of Oc­ one hand, and, on the other, points in Willis, Nebr., and Coleridge, Nebr., serv­ tober 21, 1965, Transfer Board approved Illinois and Minnesota; livestock, be­ ing intermediate points; between Cole­ the transfer to Frette-Nicholson Truck tween Alden, Iowa, and points within 20 ridge, Nebr., and Sioux City, Iowa, serv­ Lines, Inc., Ames, Iowa, of the operating miles of Alden, and points in Story ing intermediate and off-route points rights issued by the Commission August County, Iowa, on the one hand, and, on within 15 miles of Coleridge; between 14,1958, and October 13, I960, under Cer­ the other, Peoria, HI., Denver, Colo., and Wausa, Nebr., and Sioux City and Coun­ tificates Nos. MC-102223 and MC-102223 points in Kansas, Missouri, North Da­ cil Bluffs, Iowa, and Yankton, S. Dak., (Sub-No. 9), respectively, to Frette kota, and Wisconsin; and agricultural serving intermediate and off-route points Truck Line, Inc., Story City, Iowa, au­ implements, from Hopkins and Minne­ within 15 miles of Wausa; between thorizing the transportation over regular apolis, Minn., to points in Boone, Cal­ O’Neill, Nebr., and Sioux City, Iowa, routes, of livestock and agricultural com­ houn, Dallas, Franklin, Greene, Guthrie, serving intermediate points; between modities, between Story City, Iowa, and Hamilton, Hardin, Humboldt, Story, O’Neill, Nebr., and Columbus, Nebr., Omaha, Nebr., serving intermediate and Webster, and Wright Counties, Iowa. J- serving intermediate points; between off-route points within 15 miles of Story F. Edell, 510 Professional Building, Kan­ Albion, Nebr., and Humphrey, Nebr., City, with exceptions; mill feeds, flour, sas City, Mo.* attorney for applicants. serving intermediate points; between and new furniture, from Omaha, Nebr., No. MC-FC-68237. By order of Octo­ Meadow Grove, Nebr., and Newman to Story City, Iowa, serving intermediate ber 21, 1965, Transfer Board approved Grove, Nebr., serving intermediate and off-route points within 15 miles of the transfer to Baker Motor Express, points; between Norfolk, Nebr., and Co­ Story City, with exceptions, general com­ Inc., Warsaw, N.Y., of the operating lumbus, Nebr., serving intermediate modities, with certain exceptions, be­ rights in Certificate of Registration No. MC-57798 (Sub-No. 1), issued Novem­ points; between Norfolk, Nebr., and tween junction U.S. Highway 69 and ber 18, 1963, to Walter Smearing, doing Council Bluffs, Iowa, serving the inter­ Iowa Highway 210 south of Huxley, and business as Rochester Lakeville Express, mediate point of Omaha; between Nor­ Collins, Iowa, serving all intermediate Avon, N.Y., corresponding to the gra^ folk, Nebr., on the one hand, and, on the points, and between Cambridge, Iowa, of intrastate authority to transferor m other, Sioux City, Iowa; general com­ and Des Moines, Iowa, serving all inter­ Certificate of Public Convenience ana modities, excluding household goods and mediate points; and over irregular Necessity No. 701 dated November »> other specified commodities, between routes, livestock, between Story City, 1950, issued by the New York Pubfic serv­ Creighton, Nebr., and points in Nebraska Iowa, and points within 20 miles thereof, ice Commission. Raymond A. Kmhar > within 30 miles of Creighton, on the one on the one hand, and, on the other, Chi­ 35 Curtice Park, Webster, N.Y., 1*>W» hand, and, on the other, Sioux City, cago, HI., St. Paul, South St. Paul, Austin, practitioner for applicants. Iowa; general commodities, between and Albert Lea, Minn., and Omaha, [seal] H. Neil Garson Sioux City, Iowa, and Omaha, Nebr., Nebr.; between Randall, Iowa, and points Secretary. serving intermediate points on the high­ within 10 miles thereof, on the one hand, [F.R. Doc. 65-11503; Filed, Oct. 26, 1965, ways specified; canned goods, from Ne- and, on the other, South St. Paul, Minn., 8:46 a.m.]

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 NOtiCES 13675

[Notice 73] 63389. Send protests to; J. P. Werth- Co., Wilmington, Del., 19898. Send pro­ mann, District Supervisor, Bureau of Op­ tests to: G. J. Baccei, District Supervisor, motor carrier temporary erations and Compliance, Interstate Interstate Commerce Commission, Bu­ authority applications Commerce Commission, Room 3248-B, reau of Operations and Compliance, 435 Federal Building, Cleveland, Ohio, 44114. O ctober 22, 1965. 1520 Market Street, St. Louis, Mo., 63103. No. MC 66562 (Sub-No. 2124 TA), filed No. MC 112520 (Sub-No. 131 TA), filed The following are notices of filing of October 19,1965. Applicant; RAILWAY October 20, 1965. Applicant: McKEN- applications for temporary authority un­ EXPRESS AGENCY, INCORPORATED, ZIE TANK LINES, INC., New Quincy der section 210a (a) of the Interstate 219 East 42d Street, New York, N.Y* Road, Post Office Box 1200, Tallahassee, Commerce Act provided for under the 10017. Applicant’s representative: Wil­ Fla. Applicant’s representative: Sol H. new rules in Ex Parte No. MC 67 (49 liam H. Marx (same" address as appli­ Proctor, Lynch Building, Jacksonville, CFR Part 240), published in the F ederal cant). Authority sought to operate as a Fla. Authority sought to operate as a Register, issue of April 27, 1965, ef­ common carrier, by motor vehicle, over common carrier, by motor vehicle, over fective July 1,1965. These rules provide regular routes, transporting: General irregular routes, transporting: Anhy­ that protests to the granting of an ap­ commodities, moving in express service drous monomethylamines, in bulk, in plication must be filed with the field between Milwaukee, Wis., and Savanna, tank vehicles, from Pace, Fla., to Groton, official named in the F ederal R egister 111., from Milwaukee over U.S, Highway Conn., for 180 days. Supporting ship­ publication, within 15 calendar days 41 to the junction of Wisconsin Highway per: Escambia Chemical Corp., Post after the date notice of the filing of the 11, thence over Wisconsin Highway 11 Office Box 467, Pensacola, Fla., 32502. application is published in the F ederal to Sturtevant, Wis., thence over Wiscon­ Send protests to: G. H. Fauss, Jr., Dis­ Register. One copy of such protests sin Highway 11 to the junction of Wis­ trict Supervisor, Bureau of Operations must be served on the applicant, or its consin Highway 15 (Delavan, Wis.), and Compliance, Interstate Commerce authorized representative, if any, and thence over Wisconsin Highway 15 to the Commission, Post Office Box 4969, Jack­ the protests must certify that such serv­ junction of U.S. Highway 51 (Beloit, sonville, Fla. ice has been made. The protest must be Wis.), thence over U.S. Highway 51 to No. MC 117867 (Sub-No. 6 TA), filed specific as the service which such the junction of U.S. Highway 20 (Rock­ October 20, 1965. Applicant: SMITH Protestant can and will offer, and must ford, 111.), thence over U.S. Highway 20 BANANA TRANSPORT, INC., 21 Street consist of a signed original and six (6) to the junction of Illinois Highway 26 and County Farm Road, Post Office Box copies. (Freeport, 111.), thence over Illinois 1392, Pueblo, Colo. Applicant’s repre­ A copy of the application is on file, Highway 26 to the junction of Illinois sentative: Michael T. Corcoran, 1360 and can be examined, at the Office of Locust Street, Denver, Colo., 80220. Au­ the Secretary, Interstate Commerce Highway 72, thence over Illinois High­ Commission, Washington, D.C., and also way 72 to the junction of U.S. Highway thority sought to operate as a common 52, thence over U.S. Highway 52 to carrier, by motor vehicle, over irregular in the Field Office to which protests are Savanna, and return over the same route, routes, transporting: Bananas, from to be transmitted. serving the intermediate and/or off-route Gulfport, Miss., to Colorado Springs and , Motor Carriers of P roperty points of Sturtevant, Union Grove, Pueblo, Colo., for 180 days. Supporting Burlington, Elkhom, Delavan, Clinton, shippers: A. Lee Blakley Co., 156 Denargo No. MC 5429 (Sub-No. 20 TA), filed and Beloit, Wis., Rockford, 111., Durand, Market, Denver 5, Colo., Stevenson Prod­ October 20, 1965. Applicant: LYON Freeport, Shannon, Lanark, and Mount uce Co., Inc., 3147 North Century, VAN LINES, INC., 3416 South La Ci- Carroll, 111. Restrictions: (1) The service Colorado Springs, Colo., 80907, J. G. An­ enega, Los Angeles, Calif., 90069. Ap­ to be performed by applicant shall be drews, 212 North Grand Avenue, Pueblo, plicant’s representative: Warren N. limited to that which is auxiliary to or Colo. Send protests to : Acting District Grossman, 740 Roosevelt Building, 727 supplemental of express service of the Supervisor Herbert C. Ruoff, Bureau of West Seventh Street, Los Angeles 17, Operations and Compliance, Interstate Calif. Authority sought to operate as a Railway Express Agency, Inc. (2) Ship­ common carrier, by motor vehicle* over ments transported by applicant shali be Commerce Commission, 2022 Federal irregular routes, transporting: House­ limited to those on through bills of lad­ Building, Denver, Colo., 80202. hold goods, as defined by the Commis­ ing or express receipts. (3) Such fur­ No. MC 118208 (Sub-No. 5 TA); filed sion, between points in Mississippi, Ala­ ther specific conditions as the Commis­ October 20, 1965. Applicant: H. E. bama, and West Virginia, on the one sion, in the future, may find necessary to WRIGHT, doing business as WRIGHT­ hand, and, on the other, points in the impose in order to restrict applicant’s WAY AUTO CARRIERS, 101 West Whit­ United States, for 180 days. Supporting operations to a service which is auxiliary ney Road, Anchorage, Alaska. Author­ shippers: Russell R. Greene, Capitol to or supplemental of express service of ity sought to operate as a common car­ ' Records, Inc., Hollywood and Vine, Hol­ the Railway Express Agency, Inc. The rier, by motor vehicle, over irregular lywood 28, Calif.; Herbert T. Lundahl, authority is requested for 150 days. Sup­ routes, transporting: Motor vehicles, in United California Bank, Los Angeles, porting shippers: There are approxi­ secondary movement, in truckaway serv­ Calif., 90054; and, L. J. Rowley, Lock- mately 51 statements from supporting ice, between Anchorage, Alaska, and heed-California Co., Burbank, Calif. shippers, which may be examined here at Fairbanks, Alaska, for 180 days. Sup­ Send protests to: W. J. Huetig, District the Commission in Washington, D.C., or porting shippers: Tip Top Chevrolet, Supervisor, Bureau of Operations and at the New York office of the Commission Inc., Box 257, Fairbanks, Alaska, Aurora Compliance, Interstate Commerce Com­ named below. Send protests to: District Motors, Inc., Post Office Box 870, Fair­ mission, Room 7708 Federal Building, 300 Supervisor Stephen P. Tomany, Bureau banks, Alaska, Gehe’s Auto Service, Inc., North Los Angeles Street, Los Angeles, of Operations and Compliance, Inter­ 730 Second Avenue, Fairbanks, Alaska, Calif., 90012. state Commerce Commission, 346 Broad­ Markstrom Chrysler Corner, Inc., 537 No. MC 40757 (Sub-No. 6 TA), filed way, New York, N.Y., 10013. Gaffney, Fairbanks, Alaska, the Carring­ October 20, 1965. Applicant: CREECH No. MC 103880 (Sub-No. 350 TA), filed ton Co., Box 739, Anchorage, Alaska, BROTHERS TRUCK LINES, INC,, 312 October 20, 1965. Applicant: PRODUC­ Fifth Avenue Chrysler Center, 2501 East west Cherry Street, Troy, Mo. Au­ ERS TRANSPORT, INC., 215 East Fifth Avenue, Anchorage, Alaska, A & B thority sought to operate as a common Waterloo Road, Akron, Ohio, 44306. Auto Sales, Inc., 618 Airport Way, Fair­ carrier, by motor vehicle, over regular Applicant’s representative: R onald banks, Alaska. Send protests to: Dis­ Burian (same address as applicant). trict Supervisor Hugh H. Chaffee, routes, transporting: General covimodi- Interstate Commerce Commission, Bu­ jes (with the usual exceptions), between Authority sought to operate as a common reau of Operations and Compliance* Post iSrvi ^°‘* and the plantsite of the carrier, by motor vehicle, over irregular Office Box 1532, Anchorage, Alaska, •O.V.E. Equipment Coil), located ap­ routes, transporting: Reducing com­ 99501. proximately 7 miles east of Troy, Mo., pound paint thinner and laquer thinner, No, MC 119349 (Sub-No. 2 TA), filed ver Missouri Highway 47, serving no in­ in bulk, in tank vehicles, from the plant- October 20, 1965. Applicant: C. R. termediate points, for 180 days. Sup­ site of E. I. du Pont Co., Flint, Mich:, to STEVENSON, Post Office Box 1116, porting shipper: D.O.V.E, Equipment Norwood, Ohio, for 120 days. Support­ Ninth and E. Plant Streets, Winter rp> Box 233, Route 1, Winfield, Mo., ing shipper: E. I. du Pont de Nemours & Garden, Fla. Authority sought to op-

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 No. 208----- 8 i w m S3TaWJBCRl?ia^ erate as a common carrier, by motor carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ routes, transporting: Hides, for the ac­ routes, transporting: Dairy replacement ing: Petroleum products, in containers, count of Granite State Leathers, Inc., products, from Kansas City, Mo., to Des from Emlenton, to points in Florida in from Kansas City, Mo., to Nashua, N.H., Moines, Council Bluffs, Cedar Rapids, and south of Levy, Marion, Lake, and for 150 days. Supporting shipper: and Davenport, Iowa, and Minneapolis Volusia Counties, Fla., for 180 days. Granite -State Leathers, Xne., Fairmont end Rochester, Minn., for 150 days. Sup­ Supporting shipper: Quaker State Oil Street, Nashua, N.H, Send protest» to: porting shipper: .Presto Food Products, Refining Corp., Oil City, Pa. Send pro­ Charles F. Jacobs, District Supervisor, Inc., 1602 Forest». Kansas City, Mo,| tests to: G. H. Fauss, Jr., District Super­ Bureau of Operations and Compliance, 64108. Send protests to: B. J. Schreiet; visor, Bureau of Operations and Com­ Interstate Commerce Commission, 215- District Supervisor, Bureau of Opera-’ pliance, Interstate Commeroe Commis­ 217 Post Office Building, Binghamton, tions and Compliance, Interstate Com­ sion, Post Office Box 4969, Jacksonville, N.Y. merce Commission, 1100 Federal Office Fla. No. MC 125717

CUMULATIVE LIST OF CFR PARTS AFFECTED— OCTOBER

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

3 CFR Page 3 CFR— C o n tin u e d PaBe 7 CFR— C o n tin u ed Proclamations : Executive Orders—Continued 970 ___ 13572 3257 (terminated by Proc. 11254 ______— 13569 981 13053 3683) 13623 Presidential Documents Other 989 13357 3674 12623 T han P roclamations and Execu­ 989 .....ir_ — 13309 3675______12625 tive Orders: 993 12535 13310.13529 3676______12709 Memorandum of January 24, 1421______12835,13011,13228,13357 3677______12927 1961 (modified by EO 1603 ______— ______13132 3678______12929 11252)- ______13507 Proposed Rules: 3679______12931 51 ..... 13580 3680______. _ 12933 5 CFR 68 13265.13649 3681 13049 213______12529, 724 12845, 13012. 13221. 18233 3683______.___ 13623 12627, 12720, 12927, 13005, 13053, 730______12684 3684 13625 13054,13323,13528,13628. 906 ______12735 Executive Orders: 731-______12661 909 _ ____ 13143 June 24,1914 (revoked in part 735______- ______12529 013 13443 « « ____ 13063 by PLQ 3840) ______12884 6 CFR October 16, 1918 (revoked In 530 . ____ '______12720,13120 929______------12013 part by FLO 3856) ______13575 047 13455 April 17,1926 (revoked in part 7 CFR 948 _ 12644,12735 bv FLO 3832) 12641 99 19627 9 5 8 ______sa.—— 13650 2242 (revoked In part by PLO 701 19661 3848) ______" 13057 722______13249,18250 971 __ 12785,13235 3672 (revoked in part by PLO 729______13051 089 12539.13143 3848)______13057 720 12697 •984 ______13650 7558 (revoked in part by 811______13010 989______— ______12686,13456 PLO 3833)______12642 831 12628 1008 ______— 12533 10173 (see EO 11249) _ ___ 13001 833 13124 1009 _____ - ______12533 10277 (see EO 11249) _ ___ 13001 848 19534 1012______13l43 10352 (see EO 11249) ___ 13001 850 13125- 1030 — ______13076 10900 (modified by EO 11252) _ 13507 13127, 13129-13131, 13217-13220, 1031 ______- 13076 11041 (amended by EO 11250) _ 13003 13222-13226, 13251-13253, 13429 1032 ------— -— 13076 11157 (amended by EO 855 13571 11253) 13509 864 13430 11223 (see EO 11250) ___ 13003 874 13432 iosa :::::: ______- 11244 ' (superseded by EO 905 12635 12636 112.48) 12999 906 13435 i o ì t t ::::::::::: ______» 2 11245 (superseded by EO 008 12636 1287** 13227 13528 1061 . ______13015 11248) ...... 12999 909 _13052 1062- ______fon?« 11246 (corrected) 12935 910 N 12637 l o S : ______- ...... 12879, 12937, 13228, 13254, 13529 11248______1___ 12999 915 3 3309 ------— — 13076 Amended by EO 11251- ___ 13427 Q94 13139 »*** ■------i —1284 « x / Amended by EO 11252______13507 926______12534 1073— — — ------12847 11249______13001 929-______13627 1074------13076 11250______13003 939 12629 11251 ______— 13427 945 ___ __ 12834 1079------— 13581 11252______13507 948______12534, Ì m ------"" - 12736,13266 11253— ______13509 12635, 12724, 12834, 13435, 13571

FEDERAL REGISTER, VOL. 30, NO. 208— WEDNESDAY, OCTOBER 27, 1965 FEDERAL REGISTER 13677

Page Page 8 CFR Pase 16 CFR 28 CFR 103------— - 12771 13_,______12536,12771,12938 Ch. I______12941 214______P roposed 12771 R ules: ...... 13331 29 CFR 990 ______- _____ 13005 303— — —' 5-^______13136 336——II_____ - ...... — - 12005 17 CFR Proposed R u i.e s : 31 CFR 103______12785240— — — 12772 316.______12778 249— ______12772,12775 9 CFR P roposed R ules: 32 CFR 71 1 13573...... — 13076 7______._ 12821 317...... 13214 240______13458 43______._ 12673 Proposed R u l e s : 45______._ 12941 51______„ ______— 12684 18 CFR 58— ______12639 78______— 12684141______12727 157______._ 13008 203______.______12686 152______12728 518—___ — ...... _ 13121 260______12727,13359 591—, ______._ 13540 12 CFR 593______^_ ._ 13540 8____ 12535 19 CFR 1______12680,13574 599_—______13540 218______—— 12836 603-...... _ 13540 563____ 13529 8______13006 24______—______13359 610______._ 13540 ._ 12882 13 CFR P roposed R ules: 750______107______, ______13005 13______13324 753______._ 12882 121______12640 850______13630 Proposed R u l e s : 20 CFR 888______._ 13630 107______v___ 13458 395___ —______12777 904—______._ 13630 111______13486 609 _ '______13530 1001______._ 13630 121______13019,13459 610 ______13531 1002______._ 13631 611 ______13533 1003 ______._ 13632 14 CFR 614______i ______13120,13535 1004 ______>______._ 13633 25____ 13115 1006______13634 37______13209 21 CFR 1007______._ 13634 39...... ______12837,13006,13312,13357 3______13628 ■ion:______._ 13634 71____ 12535, 8_____ 13056 1013______._ 13634 12661, 12724-12727, 12837, 12880, 27:______- ______13134 1016______._ 13637 12881, 12937, 12938, 13006, 13054, 120 ______12729 1017______._ 13637 13056, 13118, 13119, 13213, 13255, 121______,______— ___— 12637, 1053 ______._ 13638 13312, 13313, 13358, 13436, 13437, 12670? 12730, 12777, 13007, 13314, 1054 ______._ 13638 13511,13512,13573. 13536,13537. 1057______._ 13638 73____------A___ 12727,13056,13573 130 ______13056 75______12727, 131 ______1362832A CFR 13056, 13213, 13358, 13437, 13574 141a______i___ 12637 NSA (Ch. XVIII) : 91...... — ------13120 144______;— 12670 AGE-1______12640 95------12662 146a______—______12637,12730 97...... 13513 33 CFR 146c______—— 13314 3 ______-...... 12882 121______13120 148e______— —_ 12537 127------__------13120 6 (see EO 11249) ______— 13001 148x______12537 202— ...... _____ 12838,13511 298____ 13313 191_____ 13315 203 ______12537,12778,13009 298------12666 P roposed R ules: SPAR-12 ______13627 204 ______12839 3______13456 207______— __ 12838 Proposed R u l e s : 15 ______13456 21------13167 16______— 13456 36 CFR 39------12687, 17______13456 P roposed R ules: 12845, 13015, 13237, 13266, 13324 18____ 13456 28— ______13578 43------13167 27— ______— 13012 85------12892,13167 45______13456,13544 37 CFR 71----- 12688, 46— ______12949 1 ______12844 12735,13078,13168, 13169,13237, 121______13456 2 ______13193 13238,13324-13329,13457,13544, 125______13456 4 ______13193 13545,13582. 146a— ______12746 38 CFR 73------13238 146b______12746 3______13009 ‘ 77------12735 146c______12746 21— ______13214 91------13167, 13651 146d_____ 12746 U3------13381 146e__ 12746 39 CFR 121------13545 2 „ ______13214 }S ...... — ------13167 22 CFR 11______12841 61______is______12639 13— ______- _____ 13214 171— ------______------13169 131______12732 14— ______13437 ¿ g ...... -— ------13236 201______12941 15______13437 ------12889 23 CFR 17______-____. ___— 13360 ------— ------l 2339 21______13360 l 13255 22______13137 HI------13236 26 CFR 24______13360 HI— ------12891 1;______12730,13134,13315 31______13214,13320 , _ 78...... - ...... — ______13077 39______12730 46 ______. — _ „ 13214 15 CFR 47 ______— 13360 30__ 145______12939,13537 48______13137; 13320 ------12881 147______12939 92— ______13540 20l~ ------ii;------13358 301-______— 13315 142______12641 202 12535 P roposed R ules: 143______12641 ______12535 1______12564,13649 151______— 13137 13678 FEDERAL REGISTER

39 CFR—Continued Pa*e 43 CFR— Continued Page 47 CFR— Continued Page P roposed R ules: P ublic Land Orders— Continued 93______12778 96_------_------13265 3846 ______12947 95______12778 97______41 CFR 3847 ______13057 12778 3848 ______13057 99______12778 Ch. 7------12968 3849 ______13256 P roposed R ules: 8-3------13228 3850 ______13256 1 ------12688,13016,13018 8- 12------13228 3851 ______13256 2 ------13382 9- 7------12941,13229 3852 ______13256 17------12688,13018 11-1----- 13440 3853 ______13511 21------i3382 11-2------13441 3854 ______:___ 13511 25---- 13016 11-3------_------13441 3855 ______13575 43------13016 11-5------13441 3856 ______13575 51------_------13016 11-7------13441 3857 ______13575 73__------12688, 11-16------13441 12746,12786,13018,13079,13170, Ch. 60______13441 45 CFR 13382,13583,13642,13644. 101-5------12883 118_____ 13138 74------_ 13330 101-18______13230 130_____ 12731 81------13079 147_.____ 13575 83— ______13079 42 CFR 151___ __ 13638 87------13331,13652 P roposed R ules: 801_____ 12680 89------13652 73------*...... 13456 901_____ 13257 91------13382,13652 903_____ 13257 93______13652 43 CFR 904__.___ 13260 95------13382 1720------12912 905 ___ 13261 49 CFR 2240------12912 906 ____ 13262 2410------_------12912 6_—______12669 P ublic Land Orders: 46 CFR 95______12731, 12839,13262,13542 316 (revoked by PLO 3847)___ 13057 272___ _:______97______13375 12536 120______13375 576 (revoked in part by 282______12536 PLO 3855)______13575 286______160______13576 12536 170______13263 715 (revoked in part by PLO 292______12536 3849)______13256 402______174a______13061 12680 187______.___'______13576 795 (see PLO 3855)______13575 403-...... 12680 1461 (revoked in part by PLO 502______13604 P roposed R ules: 3838)______12884 533______Ch. I______13332 12681 1______13333 1600 (revoked in part by PLO P roposed R ules: 3846)______12947 2______13333 201______12889 3 ____. 13333 2214 (revoked in part by PLO 206______3849__ 13256 12889 4 ___ 13333 251______12889 5i.______13333 2248 (modified by PLO 3836) __ 12643 287______3832 ______12641 12889 6______13333 531______13653 7______13333 3833 ______12642 13018 3834 ______12642 52______47 CFR 71-90______13266 3835 ______12642 12543 3836 _ 12643 0 - 13058 77______1 ------12778,13058,13541 95-97______13267 3837 _____ 12643 12893 3838 ______12884 2 -- 13361 131______.3839______!___ 12884 21------:__ 13361 50 CFR 3840 ___ 12884 73 ---- 12711, 32______12536, 3841 ______12884 12719, 12780, 12781, 12886, 13009 12643~12683, 12732, 12733,12782- 3842 ______12886 74 ------___^______13361 12784, 12880-12888, 12948, 13062, 3843 ______12886 81------12778 13137, 13230, 13264, 13376, 13378, 3844 ______12947 89------12778 13379,13543,13647,13648. 3845 ______12947 91------_------12778,13361 33' ____ 12887,13380 ja 93933

U.S. GOVERNMENT ORGANIZATION MANUAL

The United States P re s e n ts authoritative Information about Government Government agencies. Organization Manual D e s c rib e s the creation and authority, organization, and func« lions of the agencies in the legislative, judicial, and executive is the official guide branches. to the functions of the This handbook is an indispensable reference tool for teachers, Federal Government librarians, scholars, lawyers, and businessmen who need cur« rent official information about the U.S. Government* $175 * per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402.