rFI? ii/iJiLKAL nTTD A T REGISTER VOLUME 34 • NUMBER 208 Wednesday, October 29,1969 • Washington, D.C. Pages 17415-17504 Part I (Part II begins on page 17477)

Agencies in this issue—- The President Civil Aeronautics Board Coast Guard Comptroller of the Currency Consumer and Marketing Service Farmers Home Administration Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Interior Department Interstate Commerce Commission Land Management Bureau National Transportation Safety Board Public Health Service Securities and Exchange Com m ission Small Business Administration Social and Rehabilitation Servlee Tariff Commission Detailed list of Contents appears inside.

Ho. 208—Pt. I---- 1 Latest Edition Guide to Record Retention Requirements

[Revised as of January 1, 1969]

This useful reference tool is designed them, and (3) how long they must be to keep businessmen and the general kept. Each digest carries a reference to public informed concerning the many the full text of the basic law or regulation published requirements in Federal laws providing for such retention. and regulations relating to record retention. The booklet’s index, numbering over 2,000 items, lists for ready reference The 86-page “Guide” contains over 900 the categories of persons, companies, digests which tell the user ( 1 ) what type and products affected by Federal records must be kept, (2) who must keep record retention requirements.

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Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register,. National FEDERALlpEGISTER Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 ..... Phono 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. ' The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable m advance. The charge for individual copies i6 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. ; The regulatory material appearing herein is keyed to the Cope o f F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o f F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal Regulations. Contents

FEDERAL COMMUNICATIONS FOOD AND DRUG THE PRESIDENT COMMISSION ADMINISTRATION EXECUTIVE ORDER Rules and Regulations Rules and Regulations Amending Executive Order No. Certain FM broadcast stations; Basic zinc stiliate; tolerances____ 17421 11248, placing certain positions table of assignments (2 docu­ Food additives: in Levels IV and V of the Federal ments) ____ —r______17443,17444 Adhesives______' ___ 17421 Executive Salary Schedule-----17419 Proposed Rule Making Vinylidene chloride copolymer coatings for nylon film__ .__ 17427 EXECUTIVE AGENCIES Reservation of citizens radio fre­ New drugs; submission of drug quency for emergency communi­ experience information on com­ AGRICULTURE DEPARTMENT cations ______17451 puter printouts______.______17428 Notices See Consumer and Marketing FEDERAL DEPOSIT INSURANCE Service; Farmers Home Admin- . Petitions regarding food additives: istration. CORPORATION Dow Chemical Co______17461 Notices Interregional Research Project CIVIL AERONAUTICS BOARD Insured banks; joint call for re­ No. 4------>. 17461 Notices port of condition______17463 HAZARDOUS MATERIALS Hearings, etc.: Combs Airways, Inc------17461 FEDERAL HOME LOAN BANK REGULATIONS BOARD International Air Transport BOARD Proposed Rule Making Association______17461 Reports of hazardous materials Pacific Southwest Airlines, Inc., Proposed Rule Making incidents (2 documents) _ 17449, 17450 et al______17462 District of Columbia Savings and Loan Offices; procedure on ap­ HEALTH, EDUCATION, AND COAST GUARD plications for branch offices___ 17457 WELFARE DEPARTMENT Rules and Regulations Federai Savings and Loan Insur­ ance Corporation; procedure on See Food and Drug Administra­ Miscellaneous amendments to tion; Public Health Service; So­ chapter (2 documents)__ 17478,17479 applications ______17456 Federai Savings and Loan System; cial and Rehabilitation Service. Proposed Rule Making procedure on applications_____ 17452 Reports of hazardous materials INTERIOR DEPARTMENT incidents ; ______._ 17446 See also Fish and Wildlife Service; FEDERAL MARITIME Land Management Bureau. COMMISSION COMPTROLLER OF THE Notices CURRENCY Notices Statements of changes in financial Notices Agreements filed for approval; interests: Japan-Atlantic & Gulf Freight Bennett, Carrol M______17460 Insured banks; joint call for Conference ______17463 Kincannon, Layton E______17460 report of condition; cross Parr-Richmond Terminal Co., McKnight, Maxwell S___| ____ 17460 reference i ______17460 and Petromark, Inc______17464 Vaughey, Emmett A _____ 17460 CONSUMER AND MARKETING FEDERAL POWER COMMISSION INTERSTATE COMMERCE SERVICE Rules and Regulations COMMISSION Rules and Regulations Uniform system of accounts and Proposed Rule Making Milk in central Arizona market­ annual reports, FPC Form No. 1 New York, N.Y. commercial zone; ing service; handling______17428 and FPC Form No. 2 for report­ redefinition of limits______17459 ing year 1970; revisions______17434 Proposed Rule Making Notices Milk in Western Colorado mar­ Irregular route motor carriers of keting service; rescheduled FEDERAL RESERVE SYSTEM property in connection with hearing ______17446 Notices transportation of over-sized First Connecticut Bancorp., Inc.; shipments ______.__ 17469 farm ers h o m e application for approval of ac­ Motor carrier: administration quisition of shares of banks___ 17464 Alternate route deviation notices ______17465 Rules and Regulations Notices Applications and certain other Administrative provisions; sep­ Insured banks; joint call for report proceedings______17469 arate and individual liability of condition; cross reference__ 17464 Temporary authority applica­ of wife------17431 tions ______17467 FEDERAL TRADE COMMISSION Transfer proceedings (3 docu­ FEDERAL a v ia t io n ments) ------17468, 17469 Rules and Regulations administration Miscellaneous amendments to LAND MANAGEMENT BUREAU Proposed Rule Making chapter__ l______17432 Control zone and transition area; Notices Proposed alteration______17448 Montana; proposed withdrawal parachute jumping; altimeter set- FISH AND WILDLIFE SERVICE and reservation of lands______17460 7, ®gf,.and weather m inim um s_ 17448 Rules and Regulations New Mexico; modification of cer­ Aiansition area; proposed desig­ Lacreek National Wildlife Refuge; tain grazing d i s t r i c t s , 17460 nation i7448 S. Dak.; hunting______17445 (Continued on next page) 17417 17418 CONTENTS

NATIONAL TRANSPORTATION SECURITIES AND EXCHANGE TARIFF COMMISSION SAFETY BOARD COMMISSION Notices Rules and Regulations Notice of investigations regarding: Notices Publicity concerning petroleum Non-rubber footwear______17465 Midair collision problem; order of discoveries of north slope of Stainless-steel table flatware— 17465 hearing______17463 A lask a .------17433 TRANSPORTATION DEPARTMENT Notices See Coast Guard; Federal Aviation PUBLIC HEALTH SERVICE Rajac Industries, Inc.; order sus­ Administration; Hazardous Ma­ pending trading ______17464 terials Regulations Board; Na­ Proposed Rule Making tional Transportation Safety SMALL BUSINESS Board. Metropolitan Dallas-Fort Worth ADMINISTRATION TREASURY DEPARTMENT Intrastate Air Quality Control Notices Region; proposed designation— 17446 Area Administrators; delegation See Comptroller of the Currency. of authority______— 17464 Manager, Disaster Branch Office, Slidell, La.; recision of delega- . tion of authority______17464 SOCIAL AND REHABILITATION SERVICE Rules and Regulations Financial assistance to individ­ uals ______— 17433 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969. and specifies how they are affected. 90______17484 3 CFR 18 CFR 92______17484 Executive Order: 101______- ______17434 94______— 17484 11489 ______17419 141______17434 96 ______17484 11248 (amended by EO 11489)----- 17419 201______17434 97 ______17485 260,____ — ______17434 111______17485 7 CFR 146 ______17485 21 CFR 147 ______17494 1131______17428 120 ______— ______17421 160______17494 1800______17431 121 (2 documents) ------17421-17427 161______*____ 17495 P roposed R ules: 130______17428 164______17498 1134______— 17446 167______17502 33 CFR 175______17502 12 CFR 177______17503 86 ______17478 17503 P roposed R ules: 126- ______17478 180______— 144 ______„ 17479 184—__—______17503 542______17452 188______17503 543— - ______17452 42 CFR 190______17503 545______17452 192______17503 556_____, _____ 17452 P roposed R ules: - 195______17504 562______— 17456 81______17446 567______17456 P roposed R ules: 571______17456 146______17446 582______17457 45 CFR 234______17433 47 CFR 14 CFR 73 (2 documents)___—----- 17443,17444 46 JCFR P roposed R ules: P roposed R ules: 71 (2 documents) 17448 25____ — 17480 95______—______l?451 91______17448 30 ____ 17480 103______17449 31 ____ 17481 49 CFR 32 ____ 17481 105______17448 171-____ 17450 33 _ 17481 17450 34 ____ 17481 173_____ ! 6 CFR 174— _ 17450 35 ____ 17482 17450 l ______17432 42___. 17482 175— _ 176 ___ 17450 2______17432 45______17483 17450 3______17432 70—____ 17483 177 ___ 180____ _ 17450 4______17433 72— ___ 17483 17459 75___ — 17483 1048____ 17 CFR 78_____ 17483 231—______17433 50 CFR 241______— 17433 32— ______l?445 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11489 AMENDING EXECUTIVE ORDER NO. 11248, PLACING CERTAIN POSI­ TIONS IN LEVELS IV AND V OF THE FEDERAL EXECUTIVE SALARY SCHEDULE By virtue of the authority vested in me by section 5317 of title 5 of the United States Code, as amended, section 1 of Executive Order No. 112481 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting “ (1) Special Assistant to the Secretary (for Enforcement), Treasury Department”, and inserting in lieu thereof the following: (1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.

T he W h ite H ouse, October 27, 1969. [F.R. Doc. 69-12986; Filed, Oct. 28,1969; 11:13 a.m.]

130 F.R. 12999 ; 3 CFR, 1964-1965 Comp., p. 349.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969

17421 Rules and Regulations

Effective date. This order shall be­ (1) Substances generally recognized Title 21— FOOD AND DROGS come effective on the date of its publica­ as safe for use in food or food packaging. tion in the F ederal R egister. Chapter I— Food and Drug Adminis­ (2) Substances permitted for use in (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. adhesives by prior sanction or approval tration, Department of Health, Ed­ 346a(d)(5)) and employed under the specific condi­ ucation, and Welfare Dated: October 22, 1969. tions of use prescribed by such sanction SUBCHAPTER B— FOOD AND FOOD PRODUCTS or approval. R. E. D uggan, PART 120— TOLERANCES AND EX­ (3) Flavoring substances permitted Acting Associate Commissioner for use in food by regulations in this part, EMPTIONS FROM TOLERANCES for Compliance. provided that such flavoring substances FOR PESTICIDE CHEMICALS IN OR [F.R. Doc. 69-12849; Filed, Oct. 28, 1969; are volatilized from the adhesives during ON RAW AGRICULTURAL COM­ 8:45 a.m.] the packaging fabrication process. MODITIES (4) Color additives approved for use in food. Basic Zinc Sulfate PART 121— FOOD ADDITIVES A petition (PP 9F0827) was filed with (5) Substances permitted for use in Subpart F— Food Additives Resulting adhesives by other regulations in this the Pood and Drug Administration by the subpart and substances named in this Woolfolk Chemical Works, Ltd., Fort From Contact With Containers or subparagraph: Provided however, That Valley, Ga. 31030, proposing the estab­ Equipment and Food Additives any substance named in this subpara­ lishment of tolerances for residues of Otherwise Affecting Food graph and covered by a specific regula­ zinc in or on the raw agricultural com­ tion in this subpart, must meet any modities cherries, peaches, and plums Adhesives at 30 parts per million from application specifications in such regulation. of the fungicide basic zinc sulfate. Sub­ Effective on date of publication hereof Co m po n en ts of Adhesives in the F ederal R egister, § 121.2520 is sequently, the petitioner amended the Substances Limitations petition by withdrawing the requests for republished in its entirety as follows for tolerances regarding cherries and plums. codification purposes. No substantive Abletic acid______changes are made hereby. A cetone______The Secretary of Agriculture has cer­ Acetone - urea - f ormalde- tified that this pesticide chemical is use­ § 121.2520 Adhesives. hyde resin. ful for the purpose for which the toler­ iV-Acetyl ethanolamine_ ance is being established. (a) Adhesives may be safely used as Acetyl tributyl citrate__ Based on consideration given the data components of articles intended for use Acetyl triethyl citrate__ submitted in the petition, and other rele­ in packaging, transporting, or holding Albumin, blood______vant material, the Commissioner of Food food in accordance with the following 1-Alkyl (C#-Clg) amino- and Drugs concludes that the tolerance prescribed conditions: 3 - amino - propane established by this order will protect ( 1 ) The adhesive is prepared from one monoacetate. or more of the optional substances Alkylated (C4 and/or Cg) the public health. Therefore, pursuant to phenols. the provisions of the Federal Food, Drug, named in paragraph (c) of this section, Alkyl (C7-C12) benzene__ and Cosmetic Act (sec. 408(d)(2), 68 subject to any prescribed limitations. Alkyl (C10—C20) dimethyl- Stat. 512; 21 Ü.S.C. 346a(d) (2) ) - and (2) The adhesive is either separated benzyl am m onium under authority delegated to the Com­ from the food by a functional barrier or chloride. missioner (21 CFR 2.120), Part 120 is used subject to the following additional n-Alkyl (Ci2, C14, C18, or For use as pre- amended by adding to Subpart C the limitations: C1S) dimethyl (ethyl- servative only, following new sfection: benzyl) ammonium cy- (i) In dry foods. The quantity of ad­ clohexylsulfamate. § 120.244 Basic zinc sulfate; tolerances hesive that contacts packaged dry food Alkyl ketene dimers as for residues. shall not exceed the limits of good manu­ described in § 121.2538- facturing practice. Alkyl (Gj-Cjj) naphtha­ A tolerance of 30 parts per million is (ii) In fatty and aqueous foods, (a) lene. established for residues of the fungicide A lum inum ______basic zinc sulfate, calculated as élémen­ The quantity of adhesive that contacts Aluminum acetate_____ ts zinc, in or on the raw agricultural packaged fatty and aqueous foods shall Aluminum di (2-ethyl - commodity peaches. not exceed the trace amount at seams hexoate). Any person who will be adversely af­ and at the edge exposure between pack­ Aluminum potassium sili­ fected by the foregoing order may at any aging laminates that may occur within cate. time within 30 days from the date of its the limits of good manufacturing JV-/)-Aminoethyl- gamma------aminopropyl trimeth- publication in the F ederal R egister file practice. (b) Under normal conditions of use oxysilane. with the Hearing Clerk, Department of Aminomethylpropanol_ Health, Education, and Welfare, Room the packaging seams or laminates will Ammonium benzoate___ For use as pre­ ■*’0» Independence Avenue SW., remain firmly bonded without visible servative only. Washington, D.C. 20201, written objec­ separation. Ammonium bifluoride__ For use only as tons thereto, preferably in quintuplicate. (b) To assure safe usage of adhesives, bonding agent Objections shall show wherein the person the label of the finished adhesive con­ for aluminum niing will be adversely affected by the tainer shall bear the statement “food­ foil, stabilizer, order and specify with particularity the packaging adhesive.” or preservative. provisions of the order deemed objec­ T otal fluo­ (c) Subject to any limitations pre­ ride from all tionable and the grounds for the objec- scribed in this section and in any other sources not to a hearinS is requested, the regulation promulgated under section exceed 1 per­ ejections must state the issues for the 409 of the act which prescribes safe con­ cent by weight r!hfn?g‘ A hearing will be granted if the ditions of use for substances that may be of the finished »nil are supported by grounds le- employed as constituents of adhesives, adhesive. saiiy sufficient to justify the relief sought, the optional substances used in the for­ Ammonium borate_____ jetions may be accompanied by a mulation of adhesives may include the Ammonium citrate_____ morandum or brief in support thereof. following : Ammonium persulfate_-

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17422 RULES AND REGULATIONS

Co m po n en ts op Adhesives—Continued Co m po n en ts op Adhesives—Continued C o m po n en ts op Adhesives—Continued Substances Limitations Substances Limitations Substances Limitations Ammonium polyacrylate- p-tert-Butylphenyl salic­ Cyclohexanol______- Ammonium potassium ylate. Cyclohexanone resin___ _ hydrogen phosphate. Butyl phthalate butyl Cyclohexanone-f ormal- Ammonium silico-fluo- For use only as glycolate. dehyde condensate. ride. bonding agent p - tert - Butylpyrocate- For use only 17-Cyclohexyl p-toluene for aluminum chol. as polymeriza­ sulfonamide. foil, stabilizer, tion - control Dam ar______or preservative, agent. Defoaming agents as de­ T otal fluo­ Butyl ricinoleate------scribed in § 121.2519 . ride from all Butyl rubber polymer— _ Dehydroacetic acid___ _ sources not to Butyl stearate______Diacetone alcohol______exceed 1 per­ Butyl titanate, polymer­ Diacetyl peroxide,______cent by weight ized. N,N' - Dialkoyl - 4,4'-dia- of the finished Butyraldéhyde------minodiphenylmethane adhesive. Calcium ethyl ace to ace­ mixtures where the Ammonium sulfamate__ tate. alkoyl groups are de­ Ammonium thiocyanate. Calcium nitrate______rived from m arine Ammonium thiosulfate— Calcium metasilicate----- fatty acids (C^-C^). Amyl acetate______Camphor______:------2.5- Di - tert - amplhydro- Anhydroenneaheptitol__ Camphor fa tty acid quinone. Anilam glue as described esters. Diaryl - p - phenylenedia- in § 121.2534. Candelilla wax______mine, where the aryl 2 - Anthraquinone sul­ For use only as group may be phenyl, epsilon - Caprolactam- tolyl, or xylyl. fonic acid, sodium polymerization- (ethylene-ethyl acry­ Di(butoxyethyl) phtha­ salt. control agent. late) graft polymer. late. Antimony oxide______Carbon black, channel 2.5- Di-tert - butylhydro- Asbestos______process. quinone. Asphalt, paraffinic and Carbon disUlfide-1,1'- Dibutyl maleate______naphthenic. methylenedipiperidine Azo-bis-isobutyronitrile_ 2.6- Di - t e r t-b u t y For1-4- use as pre­ reaction product. methylphenoL servative only. Balata rubber______Carbon tetrachloride___ Dibutyl phthalate______Barium acetate—______Oarboxymethylcellulose_ Barium peroxide______Dibutyl sebacate______Castor oil, polyoxyethyl- Dibutyltin dilaurate for Barium sulfate-______ated (4-84 moles ethyl­ use only as a catalyst Bentonite------ene oxide). for polyurethane res­ Benzene (benzol)______Cellulose acetate buty­ Benzothiazyldisulfide__ ins. rate. 1, 2 - Dichloroethylene p -Benzoxyphenol______For use as pre­ Cellulose acetate pro­ servative only. (mixed isomers)_____ pionate. Dicumyl peroxide______Benzoyl peroxide------Ceresin wax (ozocerite) — Dicyclohexyl phthalate_ Benzyl alcohol------Cetyl alcohol______Benzyl benzoate______Diethanolamine ______Chloracetamide______Diethanolamine c on - p-Benzyloxyphenol____ For use as pre­ Chloral hydrate______servative only. densed with animal or Chlorinated liquid n- vegetable fatty acids. BHA (butylated hydroxy- paraffins with chain Diethylene glycol______anisole). lengths of C10-C17, con­ Diethylene glyco-adipic BHT (butylated hydroxy- taining 40-70 percent acid copolymer. toluene) . chlorine by weight. Diethylene glycol diben­ Bicyclo[2.2.1]hept - 2 - JJhlorinated rubber poly­ ene-6-methyl acrylate. zoate. 2-Biphenyl d ip h en yl mer (natural rubber Diethylene glycol hydro­ phosphate. polymer containing ap­ genated tallow ate, 1,3 -Bis (2-benzothiazolyl- proximately 67 percent monoester. mercaptomethyl) urea. chlorine). Diethylene glycol laurate. 2,6-Bis (1-methylhepta- 1 - (3 - Chloroallyl) -3,5,7- For use as pre­ Diethylene glycol mono­ decyl) -p-cresol. triaza-1 - azoniaadaman- servative only. butyl ether. tane chloride. Diethylene glycol mono­ Bis(tri-n-butyltin) oxide. For use as pre­ Chlorobenzene -,______butyl ether acetate. servative only. 4 - Chloro - 3,5-dimethyl- For use as pre­ Diethylene glycol mono­ Borax______phenol (p - chloro - m- servative only. ethyl ether acetate. Boric acid______xylenol). Diethylene glycol mono­ 1.3- Butanediol ______4 - Chloro - 3-methylphe- For use as pre­ methyl ether. 1.4- B u tan ed iol__ nol. servative -Only. Diethylene glycol mono- 1.4- Butanediol modified Chloroform ______oleate. with adipic acid. Chloroprene______Diethylene glycol mono­ B u t o x y polyethylene Chromium caseinate----- phenyl ether. polyproplyene glycol Chromium nitrate------Diethylene glycol copoly­ (molecular weight 900- mer of adipic acid and 4,200). Chromium potassium sul­ fate. phthalic anhydride. Butyl acetate------Di(2-ethylhexyl) adipate, Butyl acetyl ricinoleate_ Cobaltous acetate______Coconut fatty acid amine For use as pre­ Di(2-ethylhexyl) hexa- Butyl alcohol-;______hydrophthalate. B utylated, styrenated salt of tetrachlorophe- servative only. nol. Di (2-ethylhexyl) phthal­ cresols identified in ate. § 121.2566(b). C opal______t- Copper 8-quinolinolate_ For use as pre­ Diethyl oxalate______Butyl benzoate_;______Diethyl phthalate_____ Butyl benzyl phthalate_ servative only. Coumarone-indene resin, Dihexyl phthalate______Butyldecyl phthalate—_ Dihydroabietyl phthalate, 1.3-B u t y 1 e n e glycol- Cresyl diphenyl phos­ phate. Di(2 - hydroxy - 5 - tert- diglycolic acid copol­ butylphenyl) sulfide. ymer. Cumene hydroperoxide__ t erf-Butyl hydroperoxide, Cyanoguanidine______2,2'-Dihydroxy - 5,5' - di- 4,4'- Buty Lidenebis (6-tert- Cyclized rubber as iden­ chlorodiphenylmethane butyl-m-cresol), tified in § 121.2526(b) (dichlorophene), Butyl lactate------(2). Diisobutyl adipate______Butyloctyl phthalate__ - Cyclohexane______Diisobutyl ketone______

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17423

Com ponents of Adhesives—Continued C o m po n en ts o f Adhesives—Continued Co m po n en ts of Adhesives—Continued Substances Limitations Substances Limitations Substances Limitations Diisobutylphenoxyethox - Ethylene dichloride_____ Glyceryl ester of damar, yethyl dimethyl benzyl Ethylene Glycol______copal, elemi, and san- ammonium chloride. Ethylene glycol mono­ darac. Diisobutyl phthalate___ butyl ether. Glyceryl monobutyl ric­ Diisodecyl adipate______Ethylene glycol mono­ inoleate. Diisodecyl phthalate____ butyl ether acetate. Glyceryl monohydroxy Diisooctyl phthalate____ Ethylene glycol mono­ stearate. Diisopropylbenzene hy­ ethyl ether. Glyceryl monohydroxy droperoxide. Ethylene glycol mono­ tallowate. N,N - Dimethylcyclohex- ethyl ether acetate Glyceryl polyoxypropy- ylamine dibutyldithi- Ethylene glycol mono­ lene triol (average mo­ ocarbamate. ethyl ether ricinoleate. lecular weight 1,000). Dimethyl formamide____ Ethylene glycol mono­ Glyceryl tribenzoate___ _ Dimethyl hexynol______methyl ether. Glycol diacetate______Dimethyl octynediol____ Ethylene glycol mono­ G yloxal______Dimethyl phthalate____ phenyl ether. , Heptane ______3,5 - Dimethyl - l,3,5,2ff- For use as pre- Ethylene-maleic anhy- Hexamethylenetetra­ tetrahydrothiadiazine- servative only. dride copolymer, am­ mine. 2-thione monium or potassium Hexane ______Di-j8-naphthyl - p - phen- salt. Hexanetrols ______ylenediamine. Ethylene - methacrylic 4,6-Dinonyl-o-cresol___ Hexylene glycol______acid copolymer partial Hydroabietyl alcohol____ Dinonyl phenol______salts: Ammonium, cal­ Di-n-octyldecyl adipate_ cium, magnesium, so­ Hydrofluoric acid______For use only as Dioctyldiphenylamine__ dium, and/or zinc. bonding agent Dioctylphthalate ______Ethylene - methacrylic for aluminum Dioctylsebacate ______acid-vinyl acetate co­ foil stabilizer, Dioxane ______polymer partial salts: or preservative. Dipentaerythritol penta- Ammonium, calcium, T otal fluo­ stearate. magnesium, sodium, ride from all Dipentamethylene - thi- and/or zinc. source® not to uram-tetrasulflde. Ethylene-propylene - di- excede 1 per­ Dipentene______cyclopentadiene copoly­ cent by weight Dipentene resins______mer rubber. of the finished Diphenyl - 2 - ethylhexyl „ . adhesive. phosphate. E t h y 1-p-hydroxybenzo- For use as pre­ Hydrogen peroxide______Diphenyl, hydrogenated_ ate. servative only. Hydroquinone______lVjV' - Diphenyl - p-phen- Ethyl hydroxyethylcel- Hydroquinone monoben­ ylenediamine. lulose. zyl ether. Diphenyl phthalate____ _ Ethyl lactate______Hydroquinone monoethyl 1,3-Diphenyl- 2 -thiourea. Ethyl phthalyl ethyl gly- ether. Dipropylene glycol______colate. Hydroxyacetic acid_____ Ethyl-p-toluene sulfon­ Dipropylene glycol diben­ amide. 7-Hydroxycoumarin____ zoate. Hydroxyethylcellulose__ Dipropylene glycol mono­ Fats and oils derived 1 - (2 - Hydroxyethyl)- 1- methyl ether. from animal or vege­ table sources, and the (4-chlorobutyl)-2 alkyl Dipropylene glycol co­ hydrogenated, sulfated, (Ca-C17) imidazolinium polymer of adipic acid or sulfonated forms of chloride. and phthalic anhy­ such fats and oils. Hydroxyethyldiethylene- dride. Fatty acids derived from tilamine. Disodium cyanodithio- animal or vegetable /3-Hydroxyethyl pyridin- imidooarbonate. fats and oils; and ium 2 -mereaptobenzo- N, W'-Distearoylethylene- salts of such acids, thiazol. diamine. single or mixed, as Hydroxyethyl starch____ Distearyl thiodipropio- follows: Hydroxyethylurea______nate. A lum inum ______Hydroxylamine sulfate__ 4,4' -Dithiodimorpholine _ Am m onium ______Hydroxpropyl methylcel- w-Dodecylmercaptan___ lulose. iert-Dociecyijn^^p^gj^_ C alciu m ______Magnesium ______Iodoform — ------For use only as Dodecylphenoxybenzene - Potassium ______polymeriza­ disulfonic add and/or S od iu m ______tion-control its calcium, magne­ Z in c ______agent. sium, and sodium salts. Ferric chloride______Isoascorbic acid______Elemi gum______Fluosilicic acid (hydro- For use only as Isobutyl alcohol (isobu­ Epichlorohydrin-4,4' - iso- fluosilicic acid). bonding agent tanol) . propyhdenediphenol resin. for aluminum Isobutylene-isoprene co­ foil, stabilizer, polymer. Epichlorohydrin-4,4' -sec- or preservative. Isophorone ______butylidenediphenol resin. Total fluoride I s o p r op a n o 1 am in e from all sources (mono-, di-, tri-). Epichlorohydrin-4,4' -iso- not to exceed Isopropyl acetate______Propylidene-di-o- ere sol 1 percent by Isopropyl alcohol (iso- resin. weight of the propanol). Epichlorohydrin-phenol- finished adhe­ Isopropyl-m- and p-cre- formaldehyde resin. sive. sol (thymol derived). Erucamide (erucyla- Formaldehyde ______4,4'- Isopropylidenedi - mide). Formaldehyde o- and p- phenol. Ethanolamine toluene sulfonamide. 4,4'- Isopropylidenedi - For use as pre­ Ethoxypropanol butyl Formamide______phenol, polybutylated servative only, ether. J Furfural ______mixture. Ethyl alcohol (eth a n o l).. Furfuryl alcohol______Isopropyl peroxydicarbon- Ethylènediamine Fumaric acid______ate. Ethyienediaminetetra- Glutaraldehyde______p-Isopropoxy diphenyla- acetic acid, calcium, Glycerides, di- and mono­ mine. e« c- potassium, or esters. sodium salts, single or 4,4' - Isopropylidene - mixed. Glyceryl borate (glycol bis(p - phenyleneoxy) - boriborate resin). di-2-propanol.

No. 208—Pt. I----- 2 FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17424 RULES AND REGULATIONS

Co m po n en ts of Adhesives—Continued. Co m po n en ts of Adhesives—Continued Co m po n en ts of Adhesives—Continued Substances Limitations Substances Limitations Substances Limitations Itaconic acid______Methyl oleate-palmitate Palmitamide (palmitic Japan wax______mixture. acid amide). Kerosene______Methyl phthalyl ethyl Paraffin (C^-C^) sulfo­ Lauroyl peroxide______- glycolate. nate. Lauroyl sulfate salts: Methyl ricinoleate______Paraformaldehyde_,___ Am m onium______Methyl salicylate______Pentachlorophenol_____ For use as pre- Magnesium______a - Methylstyrene - vinyl servative only. Potassium______toluene copolymer. Pentaerythritol ester of Sodium ______Methyl tallowate______maleic anhydride. Lauryl alcohol______Mineral oil______Pentaerythritol mono­ Lauryl pyridinium 5- Monochloracetic acid___ stearate. chloro - 2 - mercapto - Monooctyldiphenylamlne. Pentaerythritol tetra - benzothiazole. Montan wax______stearate. Lignin calcium sufonate- Morpholine ______2,4-Pentanedione______Lignln sodium sulfonate- M yristic acid-chromic Perchloroethylene _____ Linoleamide (linoelic acid chloride complex. Petrolatum______amide). Myristyl alcohol___ :____ Petroleum hydrocarbon Magnesium fluoride__ _ For use only as Naphtha ______resin (cyclopentadiene bonding agent Naphthalene, monosul- type), hydrogenated. for aluminum fonated. Petroleum hydrocarbon foil, stabilizer, Naphthalene su lfo n ic resins (produced by the or preservative. acid-formaldehyde con­ homo- and copolymeri­ Total fluoride densate, sodium salt. zation of dienes and from all sources a-Naphthylamine ______olefins of the aliphatic, not to exceed a,a', a” , a'"-Neopentane alicycllc, and monoben- 1 percent by tetrayltetrakis [omega- zenoid arylalkene types weight of the hydroxypoly (oxypro- from distillates of finished adhe­ pylene) (1-2 moles)], cracked petroleum sives. average m o lecu la r stocks). Magnesium glycerophos­ weight 400. Phenol ______For use as pre­ phate. Nitric acid______servative only. Maleic acid------— o-Nitrobiphenyl__ \___ Phenol - coumarone - in- Maleic anhydrine-diiso- Nitrocellulose ______dene resin. butylene copolymer, 2-Nitropropane______Phenolic resins as de­ ammonium or sodium a - (p - Nonylphenyl) - scribed in § 121.2514 salt. omega - hydroxypoly (b)(3)(vi). Manganese acetate------(oxyethylene) mixture Phenothiazine______F°r us® only 08 Marine oil fatty acid of dihydrogen phos­ polymeriza­ soaps, hydrogenated. phate and monohydro­ tion-control M elam ine______gen phosphate esters; agent. Melamine - formaldehyde the nonyl group is a Phenyl-0-naphthylamine copolymer. propylene trimer is­ (free of /3-naph thy la- 2-Mercaptobenzothiazole. omer and the poly mine) . 2-Mercaptobenzothiazole For use as pre­ (oxyethylene) content o-Phenylphenol ______For use as pre­ and dimethyl dithio- servative only. 50 moles. servative only. carbamic acid mixture, a - (P - Nonylphenyl) - o-Phthalic acid______sodium salt. omega - .hydroxypoly Pimaric acid______2-Mercaptobenzothiazole, For use as pre­ (oxyethylene) produced Pine oil______sodium or zinc salt. servative only. by the condensation of Piperazine ______Methacrylate-c h r o m i c 1 mole of p-nonylphe- Piperidinium pentameth- chloride complex, ethyl nol (nonyl group is a ylenedithiocarbomate. or methyl ester. propylene trimer iso­ Polyamides derived from p - Methane hydroper - mer) with an average of dimerized vegetable oxide. 1-40 moles of ethylene oil acids and the fol­ Methyl acetate______oxide. lowing amines: Methyl acetyl ricinoleate. endo - cis-5-Norbornene- B is (hexamet hy 1 ene) Methyl alcohol (metha­ 2,3-dicarboxylic anhy­ triamine and higher nol). dride. homologues. Methylcellulose______a - cis - 9 - Octadecenyl- Diethylenetriamine__ 4,4' - Methylenebis - (2 - For use only as a omeg a - hydroxypoly Diphenylamine______chloroaniline). vulcanization (oxyethylene); the Ethylenediamine____ agent for poly­ octadecenyl group is de-, Hexamethylenedia- urethane res­ rived from oleyl alcohol mine. Methylene chloride_____ ins. averages 6-9 moles or Tetraethylenepenta- 4,4' - Methylenebis (2,6 - and the poly (oxyethyl­ mine. di-f erf-butylphenol). ene) content averages Triethylenetetramine_ 2.2 - Methylenebis (4 - 20 moles. Polybutene, hydrogen­ ethyl - 6-terf-butylphe- Octyl alcohol______ated. n ol). Octyldecyl phthalate___ Polybutylene glycol (mo­ 2.2 - Methylenebis (4 - Octylphenol______lecular weight 1,000). methyl - 6 - nonylphe - Octylphenoxyethanols_ Poly [2 (diethyl amino) nol). Octylphenoxypolyethoxy - eth yl methacrylate ] 2.2 - Methylenebis (4 - polypropoxyethanol (13 phosphate. methyl - 6 - terf-butyl- moles of ethylene oxide Polyester of adipic acid, phenol). and propylene oxide). phthalic acid, and pro­ Methyl ethyl ketone__ _ Odorless light petroleum pylene glycol, termi­ Methyl ethyl ketone-for­ hydrocarbons. nated with butyl alco­ maldehyde condensate. O leam ide (oleic acid amide). hol. 2-Methylhexane______Polyester of diglyoolic 1-M e t h y l-2-hydroxy-4- Oleic acid, sulfated..___ acid and propylene gly­ isopropyl benzene. Oxazollne______col containing ethylene Methyl isobutyl ketone.. n-Oxydiethylene - benzo­ glycol monobutyl ether Methyl oleate______thiazole. as a chain stopper.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17425

Co m ponents o p Adhesives—Continued Co m po n en ts op Adhesives—Continued Co m po n en ts of Adhesives—Continued Substances Limitations Substances Limitations Substances Limitations Polyester resins (includ­ Divinylbenzene Polyoxyethylene (5-15 ing alkyd type), as Ethyl acrylate______moles) tridecyl alcohol. the basic polymer, E thylene______Polyoxypropylene (3 formed as esters Ethylene cyanohydrin. moles) tridecyl alcohol when one or more of 2-Ethylhexyl acrylate_ sulfate. the following acids Ethyl methacrylate___ Polyoxypropylene (2 0 arè made to react Fumaric acid and/or moles) butyl ether. with one or more of its methyl, ethyl, Polyoxypropylene (4 0 the following alco­ propyl, butyl, amyl, moles) butyl ether. hols: hexyl, heptyl and Polyoxypropylene (2 0 Acids: octyl esters. moles) oleate butyl Azelaic acid______Glycidyl methacrylate. ether. Polybasic and mono­ 2-Hydroxyethyl acry­ Polyoxypropylene - poly - basic acids identi­ late. oxyethylene condensate fied in § 121.2514 2-Hydroxyethyl meth­ (minimum molecular (b) (3 ) (vii) (a) acrylate. weight 1,900). and (b). 2-Hydroxypropyl meth­ Polypropylene glycol Tetrahydrophthalic acrylate. (molecular weight 150- acid. Isobutyl acrylate.___ 3,000). Alcohols: Isobutylene ______Polypropylene glycol (3-4 1,4 - Cyclohexanedi- Itaconic acid______._ moles) triether with methanol. Maleic anhydride.____ 2 - ethyl - 2 - (hydroxy­ 2,2 - Dimethyl - 1,3- Methacrylic acid_____ methyl) -1,3 - propane - propanediol. Methyl acrylate______diol, average molecular Polyhydric and mono- N, N' - Methylenebis - weight 730. hydric alcoh ols acrylamide. Polypropylene, noncrys­ identified in Methyl methacrylate_ talline. § 121.2514(b)(3) JV-Methylolacrylamide _ Polysiloxanes r... (vii) (c) and (d ). Methyl styrene______Monoethyl maleate___ Diethyl polysiloxane__ Polyethyleneadlpate mod­ For use only in Dihydrogen polysilox­ ified with ethanola- t h e prepara­ Monomethyl maleate_ ane. mine with the molar tion of poly­ Mono (2 - ethylhexyl) maleate. Dimethyl polysiloxane. ratio of the amine to urethane res­ Diphenyl polysiloxane. the adipic acid less ins. 5-Norbomene-2 3-di- carb oxylic acid, Ethyl hydrogen poly­ than 0.1 to 1. siloxane. Polyethylene glycol (mo­ mono-n-butyl ester. Propyl acrylate_... ___ Ethyl phenyl poly­ lecular w eight 200- siloxane. 6,000). Propylene______S tyren e______Methyl ethyl polysilox­ Polyethylene, oxidized__ ane. Polyethylene resins, car­ Triallyl cyanurate____ boxyl modified, identi­ Vinyl acetate______Methyl hydrogen poly­ fied in § 121.2580. Vinyl alcohol (from al­ siloxane. coholysis or hydroly­ Methyl phenyl poly­ Polyethylenimine ___ _ siloxane. Polyethylenimine-epi- sis of vinyl acetate chlorohydrin resins__ units). Phenyl hydrogen poly­ Polyisoprene______Vinyl butyrate______siloxane. Polymeric esters of poly­ Vinyl chloride______Polysorbate 60. hydric alcohols and Vinyl crotonate______Polysorbate 80. polycarboxylic acids Vinyl ethyl ether.___ Polysorbate 20 (polyoxy­ prepared from glycerin Vinyl hexoate__ ... __ ethylene (20) sorbitan and phthalic anhydride Vinylidene chloride.___ monolaurate). and modified with ben­ Vinyl methyl ether___ Polysorbate 40 (polyoxy­ zoic acid, castor oil, co­ Vinyl pelargonate____ ethylene (20) sorbitan conut oil, linseed oil, Vinyl propionate____ . monopalmitate). rosin, soybean oil, sty­ Vinyl pyrrolidone___ _ Polytetrafluoroethylene _ rene, and vinyl toluene. Vinyl stearate___ Polyurethane resins pro­ Polymers: Homopolymers Polyoxyalkylated - phe - duced by reacting di­ and copolymers of nolle resin (phenolic isocyanates with one the following mono­ resin obtained from or more of the polyols mers: formaldehyde plus bu­ or polyesters named in Acrylamide______tyl- and/or amylphe- this subparagraph or Acrylic acid______nols, oxyalkylated with produced by reacting Acrylonitrile ______ethylene oxide and/or the efiloroformate de­ Butadiene ______propylene oxide). rivatives of one or Butene_____ Polyoxyethylated (40 more of the polyols or W-tert-Butylacryla- moles) tallow alcohol polyesters named in mide ______sulfate, sodium salt. this subparagraph with Butyl acrylate______Polyoxyethylene (molec­ one or more of the 1.3-Butylene glycol di­ ular weight 200) di­ polyamines named in methacrylate. benzoate. this subparagraph. Butyl methacrylate__ - Polyoxyethylene (molec­ Polyvinyl alcohol modi­ Crotonic acid______ular weight 200-600) fied so as to contain Becyl acrylate______esters of fatty adds not more than 3 weight Diallyi fumarate______derived from animal or percent of comonomer Diallyi maleate______vegetable fats and oils units derived from 1- DiaUyi phthalate______(including tall oil). alkenes having 12 to 20 Bibutyl fumarate____ _ Polyoxyethylene (15 carbon atoms. Bibutyl itaconate____ _ moles) ester of rosin. Polyvinyl butyral______Bibutyl maleate...... Polyoxyethylene (4-5 Polyvinyl formal______Bi(2-ethylhexyl) ma­ moles) ether of phenol. Potassium ferricyanide_For use only as leate. Polyoxyethylene (25 Bimethyl-a -methylsty­ moles) — glycerol ad­ polymeriza­ rene __ tion-control duct. agent. Dioctyl fumarate. Polyoxyethylene (4 0 Bioctyl m aleate.. Potassium JV-methyldi- moles) stearate. thiocarbamate.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17426 RULES AND REGULATIONS

Components of Adhesives—Continued Co m po n en ts of Adhesives—Continued Components of Adhesives—Continued Substances Limitations Substances Limitations Substances Limitations Potassium pentachloro- For use as pre- Rubber hydrochloride Sodium pentacholophe- For use as pre- phenate. servative only. polymer. ' nate. * servative only. Potassium permanga­ Rubber latex, natural----- Sodium perborate------nate. Salicylic acid______For use as pre­ Sodium persulfate------Potassium persulfate----- servative only. Sodium o-phenylphenate_ For use as pre­ Potassium phosphates Sandarac ______- servative only. (mono-, di-, tribasic). Sebacic acid______Sodium polyacrylate------Potassium tripolyphos­ Shellac ______Sodium polymethacrylate phate. Sodium alkyl (Ci-Cut Sodium polystyrene sul­ 0-Propiolactone ______- aliphatic) benzenesul- fonate. Propyl alcohol (propa­ fonate. Sodium salicylate------For use as pre- nol). Sodium aluminum pyro­ Sodium tetradecylsul- servative only, Propylene carbonate.-— phosphate. fate. Propylene glycol and p- Sodium aluminum sul­ Sodium thiocyanate-----._ p' - isopropylidenedi - fate. Sodium bis-tridecylsul- phenol diether. fosuccinate. Sodium bisulfate------Sodium xylene sulfonate. Propylene glycol esters Sodium calcium silicate. of coconut fatty acids. Sorbitan monooleate.__ Propylene glycol mono- Sodium capryl poly­ Sorbitan monopalmitate. laurate. phosphate. Sorbitan monostearate__ Proylene glycol mono­ Sodium carboxymethyl- Soribtan trioleate______methyl ether. cellulose. Sorbitan tristearate.___ Propylene glycol mono­ Sodium chlorate_____ — Soybean oil, epoxidized_ stearate. . Sodium chlorite------Spermaceti wax______Quaternary ammonium For use as pre­ Sodium chromate______Sperm oil wax______chloride (hexadecyl, servative only, Sodium decylsulfate____ Stannous oleate______For use only as octadecyl derivative). Sodium dehydroacetate_For use as pre­ a catalyst for Rosin (wood, gum, and servative only. polyurethane tall oil rosin), rosin Sodium di-(2-ethylhex- resins. dimers, decarboxy- oate). Stannous stearate______lated rosin (includ­ Sodium di(2-ethylhexyl) Starch hydrolysates____ ing rosin oil, dispro- pyrophosphate. Starch or starch modified portionated rosin, Sodium dihexylsulfosuc- by one or more of the and these substances cinate. treatments described in as modified by one Sodium diisobutylphe- §§ 121.1031 and 121.- or more of the fol­ noxydiethoxyethyl sul­ Stardh, reacted with form­ lowing reactants: fonate. aldehyde. Alkyl (Cj-Cj) phenol- Sodium diisobutylphe- 2506. formaldehyde. noxymonoethoxyethyl Stearamide (stearic acid A m m onia_____ :___ _ sulfonate. amide). Ammonium caseinate. Sodium diisopropyl- and Stearic acid______.____ p-Cyclohexylphenol- triisopropylnaphtha- Stearic add-chromic formaldehyde. lenesulfonate. chloride complex. Diethylene glycol— __ Sodium dimethyldithio- Stearyl-cetyl alcohol, Dipentaerythritol____ carbamate. technical grade, ap­ Ethylene glycol_____ Sodium dioctylsulfosuc- proximately 65 per­ Formaldehyde____ ;__ cinate. cent-80 percent stearyl Fumaric acid______Sodium n-dodecylpoly- and 20 percent-35 per­ G lycerin______ethoxy (50 moles) sul­ cent cetyl. Hydrogen •______fate. | Strontium salicylate____ Isophthalic acid_____ Sodium ethylene ether of ; Styrenated phenol______4,4'-Isopropylidenedi- nonylphenol sulfate. Styrene-maleic a n h y - phenol-epichlorohy- Sodium 2-ethylhexyl sul­ drlde copolymer, am­ drin (epoxy). fate. monium or potassium 4,4'-Isopropylidenedi- Sodium fluoride______— P°r use only as salt. phenol-formalde- bonding agent for aiuminum Styrene-maleic a n h y ­ hyde. dride copolymer (par­ Maleic anhydride____ foil, stabilizer, or preservative. tially methylated) so­ Methyl alcohol___ - _J' dium salt. Pentaerythritol._____ T otal fluo­ Phthalic anhydride___ ride for all Styrene-methacrylic acid Polyethylene glycol__ _ sources not to copolymer, potassium Phenol-formaldehyde _ exceed 1 per­ salt. Phenyl o - cresol-for- cent by weight Sucrose acetate isobutyr­ maldehyde. of the finished ate. p-Phenylphenol-for- adhesive. Sucrose benzoate.______maldehyde. Sucrose octaacetate_____ Sulfuric acid______Sodium formaldehyde Sulfonated octadecylene Triethylene glycol------sulfoxylate. (sodium form). Sodium formate------Xylenol-formaidehyde. Sulfur ______Rosin salts (salts of Sodium heptadecylsul- wood, gum, and tall fate. Tall oil______i______oil 'rosin, and the Sodium hypochlorite----- Tall oil fatty acids, lin- dimers thereof, de- Sodium isododecylphe- oleic and oleic. carboxylated rosin, noxypolyethoxy (40 Tall oil fatty acid methyl dispropor tio n a ted moles) sulfate. ester. rosin, hydrogenated Sodium IV-lauroyl sar- Tall oil, methyl ester___ _ cosinate. rosin): Tall oil pitch______A lum inum ______Sodium metaborate------Am m onium ------Sodium a-naphthalene Tall oil soaps______C alciu m ------sulfonate. Tallow alcohol (hydro­ Magnesium ------Sodium nitrate------genated). Potassium ______-— Sodium nitrite______Tallow amine, secondary Sod iu m __ - ______.r (hexadecyl, octadecyl), Zinc ______Sodium oleoyl isopro- Rosin, gasoline-insoluble panolamide sulfosuc- of hard tallow. fraction. cinate. Tallow, blown (oxidized) _

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17427

Com ponents o f Adhesives— Continued Components of Adhesives—Continued PART 121— FOOD ADDITIVES Substances Limitations Substances Limitations Subpart F— Food Additives Resulting Tallow, propylene glycol Tri - n - butyltin neode- For use as pre- ester. canoate. servative only. From Contact With Containers or Terpène resins (a- and pi­ 1.1.1- Trichloroethane_ Equipment and Food Additives pinone) homopolymers, 1.1.2- Trichloroethane ___ Otherwise Affecting Food copolymers, and con­ Trichloroethylene______densates with phenol, Tri-/3-chloroethyl phos­ Vinylidene Chloride Copolymer formaldehyde, couma- phate. Coatings for N ylon F ilm rone, and/or indene. Triethanolamine ______Terphenyl------— Triethylene glycol______The Commissioner of Food and Drugs, Ter phenyl, hydrogenated- Triethylene glycol di­ having evaluated the data in a petition Terpineol ------benzoate. (FAP 9B2399) filed by E. I. du Pont de Tetraethylene pentamine. Triethylene glycol di(2- Nemours & Co., Inc., Wilmington, Del. Tetraethylthiuram disul­ ethylhexoate). 19898, and other relevant material, con­ fide. Triethylene glycol poly­ cludes that the food additive regulations Tetrahydrofuran ------ester of benzoic acid should be amended to provide for the safe Tetrahydrofurfuryl alco- and phthalic acid. hoi. Triethylhexyl phosphate. use of acrylic acid as an optional compo­ Tetra-isopropyl stanate­ Trlethylphosphate_____ nent of vinylidene chloride copolymers ti-[p-(1,1,3,3 - Tetrameth- 2,4,5-Trihydroxy butyro^ used as food-contact coatings on nylon ylbutyl) phenyl]-ome- phenone. film. Therefore, pursuant to the provi­ pa-hydroxypoly - (oxye- Trlisopropanolamlne___ sions of the Federal Food, Drug, and Cos­ thylene) produced by Trimethylol propane..___ metic Act (sec. 409(c) (1), 72 Stat. 1786; the condensation of 1 2,2,4 - Trimethylpentane- 21 U.S.C. 348(c) (1)) and under authority mole of p- (1,1,3,3-tetra- diol-1,3 -diisobutyrate. delegated to the Commissioner (21 CFR methylbutyl) phenol Trimeric aromatic amine with an average of 1-40 resin from diphenyla- 2.120), § 121.2599(b) is revised to read as moles of ethylene oxide. mine and acetone of follows: TetrakisJ methylene (3,fi­ molecular weight ap­ § 121.2599 Vinylidene chloride copoly­ di - tert - butyl-4-hy- proximately 500. mer coatings for nylon film. droxy - hydrocinna- Triphenylphosphate ___ mate) ] methane. Tripropylene glycol ♦ * ♦ * i|c fl-[p-(l,l,3,3 -Tetrameth- monomethyl ether. (b) The coatings are prepared from ylbutyl) phenyl]- Turpentine______omepa-hydoxypoly (ox- Urea-formaldehyde resins vinylidene chloride copolymers produced yethylene) mixture of as described in § 121.- by copolymerizing vinylidene chloride dihydrogen phosphate 2514(b) (3) (xii). with one or more of the monomers and mono hydrogen Vegetable oil, sulfonated acrylic acid, acrylonitrile, ethyl acrylate, phosphate esters and or sulfated, potassium methacrylic acid, and methyl acrylate. their sodium, ' potassi­ salt. The finished copolymers contain at least um, and ammonium Vinyl acetate-maleic an­ 50 weight percent of polymer units de­ salts having a poly hydride copolymer, so­ rived from vinylidene chloride. (oxyethylene) content dium salt. averaging 6-9 or 40 Waxes, petroleum____- _ * * * * * moles. Wax, petroleum, chlo­ Any person who will be adversely af­ Tetramethyl decanediol_ rinated (40% to 70% Tetramethyl decynediol_ chlorine). fected by the foregoing order may at any Tetramethyl decynediol 3- (2-Xenolyl) -1,2-epoxy­ time within 30 days from the date of its plus 1-30 moles of ethy­ propane. publication in the F ederal R egister file lene oxide. X ylene______Tetramethylthiuram Xylene (or toluene) al­ with the Hearing Clerk, Department of monosulfide. kylated with dicyclo- Health, Education, and Welfare, Room Tetrasodium N- ( 1,2-di- pentadiene. 5440, 330 Independence Avenue SW., carboxyethyl) - N -octa- Z e in _*______decylsulfosuccinamate. Zinc acetate__ - ______Washington, D.C. 20201, written objec­ 4,4’-Thlobis-6-terf-butyl- tions thereto, preferably in quintuplicate. m-cresol. Zinc ammonium chlo­ Thiram ______ride. Objections shall show wherein the person Zinc dibenzyl dithiocar- Thymol------— _ For use as pre­ bamate. filing will be adversely affected by the servative only. order and specify with particularity the Titanium dioxide______Zinc dibutyldithiocarba- Titanium dioxide-bari­ mate. provisions of the order deemed objection­ um sulfate. Zinc diethyldithiocarba- mate. able and the grounds for the objections. Titanium dioxide-calci­ If a hearing is requested, the objections um sulfate. Zinc di (2-ethylhexoate) _ Titanium dioxide-mag- Zinc formaldehyde sul- must state the issues for the hearing. A nesium silicate. foxylate. hearing will be granted if the objections Toluene______Zinc naphthenate and are supported by grounds legally suffi­ Toluène 2,4-diisocyanate_ dehydroabietylamine Toluene- 2 ,6-diisocyanate- mixture. cient to justify the relief sought. Objec­ Zinc nitrate______tions may be accompanied by a and p-Toluene ethyl Zinc orthophosphate___ sulfonamide. Zinc resinate______memorandum or brief in support thereof. °' anci P-Toluene sul­ Zinc sulfide______- fonamide. Zineb (zinc ethylenebis- Effective date. This order shall become P-Toluene sulfonic add­ dithiocarbamate). effective on the date of its publication in i' (p'-Toluene-sulfonyl- Ziram (zinc dimethyldi- the F ederal R egister. amide) -diphenylamide- thiocarbamate). (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. Triazine - formaldehyde (Secs. 409, 701(a), 52 Stat. 1055, 72 Stat. 1785 348(c)(1)) resins as described in et seq.; 21 U.S.C. 348,371 (a)) 5 121.2514(b) (3) (xiii). Dated: October 22,1969. Tributyl citrate______Dated: October 20,1069. Trh^eri - butyl-p-phenyl For use as pre- R. E. D uggan, R. E. D uggan, Phenol. servative only. Acting Associate Commissioner Acting Associate Commissioner Tributyl phosphate-___ _ for Compliance. for Compliance: Tfl-w-butyltin acetate-_ For use as pre­ [F.R. Doc. 69-12818; Filed, Oct. 28, 1969; [F.R. Doc. 69-12850; Filed, Oct. 28, 1969; servative only. 8:45 a.m.] 8:45 u a .]

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17428 RULES AND REGULATIONS

SUBCHAPTER C— DRUGS paragraph (a) of this section (except Effective date. This order shall be routine assay and control records) ap­ effective upon publication in the F ed­ PART 130— NEW DRUGS propriately identified with the new-drug eral R egister. Amendments Regarding Submission application (s) to which they relate, as (Secs. 505, 701(a), 52 Stat. 1052-53, as of Drug Experience Information on follows. Such copies, including Form FD- amended, 1055; 21 U.S.C. 355, 371(a)) 1639, shall be submitted in duplicate, Computer Printouts in Lieu of Form except that other individual patient case Dated: October 21,1969. FD-T 639 reports may be submitted in single copy. Herbert L. Ley, Jr., Current regulations relating to drug In lieu Form FD-1639, a computer-gen­ Commissioner of Food and Drugs. experience information reporting require erated report may be submitted if equiv­ [F.R. Doc. 69-12851; Filed, Oct. 28, 1969; the submission of such information on alent in all elements of information 8:45 a.m.] Form FD-1639. Various interested per­ with the identical enumerated sequence sons have demonstrated that drug ex­ of events and methods of completion perience information aceptable from the and if forwarded with the same number technical and informational standpoints of copies as specified for Form FD-1639; can be submitted on computer printouts. all formats proposed for such use will Title 7— AGRICULTURE Such submission would be advantageous require initial review and approval by the Food and Drug Administration. Each Chapter X— Consumer and Marketing for applicants and for FDA. Service (Marketing Agreements and The Commissioner of Food and Drugs report for human-use drugs that for­ concludes that the new-drug regulations wards an advertisement or promotional Orders; Milk), Department of Agri­ should be amended as set forth below to labeling pursuant to subparagraph (3) culture permit, under specified conditions, sub­ of this paragraph or a periodic report [Dockets Nos. AO-271-A12, AO-271-A12- mission of drug experience information pursuant to subparagraph (4) of this R02; Milk Order 131] on computer printouts in lieu of Form paragraph shall be accompanied by a FD-1639. completed transmittal Form FD-2253 PART 1131— MILK IN THE CENTRAL (Transmittal of Advertisements and ARIZONA MARKETING AREA Therefore, pursuant to the provisions Promotional Labeling for Drugs for Hu­ of the Federal Food, Drug, and Cosmetic Order Amending Order Act (secs. 505, 701(a), 52 Stat. 1052-53, man Use) or FD-2252 (Transmittal of Periodic Reports for Drugs for Human F indings and D eterminations as amended, 1055; 21 U.S.C. 355, 371(a)) Use), respectively. Forms are obtainable and under authority delegated to the from the Food and Drug Administration, The findings and determinations here­ Commissioner (21 CFR 2.120), Part 130 Department of Health, Education, and inafter set forth are supplementary and is amended as follows: Welfare, 200 C Street SW., Washington, in addition to the findings and determi­ 1. Section 130.4(c) (2) is amended by D.C. 20204. nations previously made in connection revising item 12d in Form FD-356H, as with the issuance of the aforesaid order follows: * * * * * and of the previously issued amendments 3. Section 130.13a(a) (1) is revised tothereto; and all of the said previous § 130.4 Applications. read as follows: ***** findings and determinations are hereby (C) * * * § 130.13a Reporting of adverse drug ex­ ratified and affirmed, except insofar as periences. such findings and determinations may ( 2) * * * be in conflict with the findings and de­ FD-356H * * * (a) (1) All adverse experiences withterminations set forth herein. J2 * * * drugs for human use reported as part (a) Findings upon the basis of the d. Attach as a separate section a com­ of a new-drug application under § 130.4, hearing record. Pursuant to the provi­ pleted Form FD-1639, Drug Experience as part of a supplemental new-drug ap­ sions of the Agricultural Marketing Report (obtainable, with instructions, on plication under § 130.9, or as part of the Agreement Act of 1937, as amended (7 request from the Food and Drug Admin­ reporting requirements concerning ex­ U.S.C. 601 et seq.), and the applicable istration, Department of Health, Educa­ periences with drugs for which an ap­ rules of practice and procedure govern­ tion, and Welfare, Washington, D.C. proval is in effect prescribed by § 130.13, ing the formulation of marketing agree­ 20204), for each adverse experience or, if shall also be reported on Form FD-1639, ments and marketing orders (7 CFR Part feasible, for each subject or patient ex­ Drug Experience Report, obtainable with 900), a public hearing was held upon cer­ periencing one or more adverse effects, instructions from the Food and Drug tain proposed amendments to the tenta­ described in item 12c, whether or not Administration, Department of Health, tive marketing agreement and to the full information is available. Form FD- Education, and Welfare, Washington, order regulating the handling of milk 1639 should be prepared by the appli­ D.C. 20204. If feasible, such forms may in the Central Arizona marketing area. cant if the adverse experience was not be used on a per patient basis, rather Upon the basis of the evidence intro­ reported in such form by the investiga­ than on an adverse experience basis. In duced at such hearing and the record tor. The Drug Experience Report should lieu of a Form FD-1639, a computer­ thereof, it is found that: be cross-referenced to any narrative de­ generated report may be submitted if ( 1 ) The said order as hereby amended, scription included in Item 12c. In lieu of equivalent in all elements of informa­ and all of the terms and conditions a Form FD-1639, a computer-generated tion with the identical enumerated se­ thereof, will tend to effectuate the de­ report may be submitted if equivalent in quence of events and methods of com­ clared policy of the Act; all elements of information with the pletion and if forwarded with the same (2) The parity prices of milk, as deter­ identical enumerated sequence of events number of copies; all formats proposed mined pursuant to section 2 of the Act, and methods of completion; all formats for such use will require initial review are not reasonable in view of the price proposed for such use will require initial and approval by the Food and Drug of feeds, available supplies of feeds, and review and approval by the Food and Administration. other economic conditions which affect Drug Administration. * * ♦ * ^ * market supply and demand for milk in * ' * * * * This order provides for a change in the said marketing area, and the mini­ 2. Section 130.13(b) is revised to read submission procedure that is optional mum prices specified in the order as as follows: and cannot be implemented without ini­ hereby amended, are such prices as will tial review and approval by the Food reflect the aforesaid factors, insure a § 130.13 Records and reports concern­ and Drug Administration. Accordingly, sufficient quantity of pure and whole­ ing experience on drags for which an this order is nonrestrictive and noncon- some milk, and be in the public interest; approval is in effect. (3) The said order as hereby amended * * * * * troversial in nature and therefore no­ regulates the handling of milk in the (b) The applicant shall submit to thetice and public procedure and delayed same manner as, and is applicable only to Food and Drug Administration copies effective date are not prerequisites to persons in the respective classes of in­ of the records and reports described in this promulgation. dustrial or commercial activity specified

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17429 in, a marketing agreement upon which a by inspection to become producer milk tent above that of the fluid milk product hearing has been held. pursuant to § 1131.13(a), and (ii) from received; (b) Determinations. It is hereby de­other milk plants and a cooperative as­ (3) Furnishes proof satisfactory to the termined that: sociation acting in the capacity of a han­ market administrator that: (1) The refusal or failure of han­ dler pursuant to § 1131.10(c) in the form (i) The maintenance, care, and man­ dlers (excluding cooperative associations of fluid milk products, except filled milk, agement of all the dairy animals and specified in sec. 8c(9) of the Act) of qualified for fluid consumption; and other resources necessary to produce the more than 50 percent of the milk, which (2) There are disposed of on routesentire amount of milk handled (other is marketed within the marketing area, in the marketing area fluid milk prod­ than that received from regulated to sign a proposed marketing agreement, ucts, except filled milk, in a volume not plants) is the personal enterprise of and tends to prevent the effectuation of the less than 25 percent of such receipts and at the personal risk of such person in his declared policy of the Act; also greater than an average of 600 capacity as a producer, and (2) The issuance of this order, amend­ pounds per day. (ii) The operation of such plant is the ing the order, is the only practical means (b) Any plant which ships fluid milkpersonal enterprise of and at the per­ pursuant to the declared policy of the products, except filled milk, approved sonal risk of such person in his capacity Act of advancing the interests of pro­ by any health authority having ju­ as a handler. ducers as defined in the order as hereby risdiction in the marketing areas as eligi­ (b) A governmental agency that op­ amended; and ble for distribution under a Grade erates a milk plant, except that a plant (3) The issuance of the order amend­ A label in a volume not less than operated by such agency shall be a pool ing the order is approved or favored by 50 percent of its receipts of milk (from' plant if bulk milk is delivered during the at least two-thirds of the producers who dairy farmers who would be producers if month by such governmental agency to during the determined representative pe­ this plant qualifies as a pool plant) in another plant that is a pool plant and a riod were engaged in the production of the current month during the period of written request is filed by the agency milk for sale in the marketing area. July through October or 20 percent in with the market administrator asking Order R elative to Handling the current month during the period of that its plant be considered a pool plant. November through June to a plant speci­ If such a plant is made a pool plant at the It is therefore ordered, That on and fied in paragraph (a) of this section: request of the governmental agency for after the effective date hereof, the han­ Provided, That if a plant qualifies in 1 month and thereafter resumes the dling of milk in the Central Arizona mar­ each of the months of July through status of a nonpool plant, it shall not be keting area shall be in conformity to October in the manner prescribed in eligible for pool plant status again until and in compliance with the terms and this section such plant shall upon writ­ it has been a nonpool plant for 12 con­ conditions of the aforesaid order, as ten application to the market adminis­ secutive months. amended, a n d as hereby further trator on or before October 31 following 5. Section 1131.15 is revised to read as amended, as follows: such compliance be designated as a pool follows: 1. In § 1131.7, the introductory textplant until the end of the following immediately preceding paragraph (a) is June. §1131.15 Fluid milk product. revised as follows: * * * * * “Fluid milk product” means milk (in­ cluding frozen or concentrated milk), § 1131.7 Producer. 3. In § 1131.9, the introductory text preceding paragraph (a), and paragraph cream (sweet or sour) -, skim milk, butter­ “Producer” means any person, other (d) are revised to read as follows: milk, flavored milk, flavored milk drinks, than a producer-handler as defined in filled milk, or any mixture in fluid form any order (including this part) issued § 1131.9 Nonpool plant. of milk, skim milk or cream (including pursuant to the Act, who produces milk “Nonpool plant” means any milk or such products made by reconstituting pursuant to the requirements specified in filled milk receiving, manufacturing or or recombining concentrated or dehy­ paragraph (a) or (b) of this section, and processing plant other than a pool plant. drated milk constituents with water), whose milk is received directly from the The following categories of nonpool with or without other ingredients. This farm at a pool plant, or is diverted as plants are further defined as follows: definition shall not include sterilized producer milk pursuant to § 1131.13. The * * * * * products packaged in hermetically sealed term “producer” shall not include a per­ containers, a product which contains 6 son with respect to milk diverted to a (d) “Unregulated supply plant” meanspercent or more nonmilk fat (or oil), pool plant from an other order plant if a nonpool plant from which fluid milk eggnog, yogurt, ice cream mix or aerated, such person retained producer status un­ products are moved during the month plastic or frozen cream. der the other order and if the operators to a pool plant and which is not 6. Section 1131.16 is revised to read of both the diverting plant and the plant an other order plant nor a producer- as follows: handler plant. to which diverted have requested Class § 1131.16 Route. HE classification in their reports of re­ 4. Section 1131.11 is revised to read as ceipts and utilization filed with the mar­ follows: “Route” means any delivery to retail ket administrators of the respective § 1131.11 Producer-handler. or wholesale outlets (including delivery orders. by a vendor or a sale from a plant or a “Producer-handler” means: plant store) of a fluid milk product (a) Any person who is both a dairyclassified as Class I milk pursuant to 2. In § 1131.8, paragraphs (a) and (b; farmer and the operator of a plant from § 1131.41(a), other than a delivery to a are revised to read as follows: which fluid milk products are disposed plant described in § 1131.8(a). § 1131.8 Pool plant. of in the marketing area on routes and 7. A new § 1131.18 is added to read as who: follows: “Pool plant” means any milk plant (1) Receives at his plant, or acquires except the plant of a producer-handle: for disposition on routes, fluid milk § 1131.18 Filled milk. or a plant exempt pursuant to § 1131.61 products only from: “Filled milk” means any combination (a) Approved by a duly constitute< (1) His own farm production, and of nonmilk fat (or oil) with skim milk state or municipal health authority fo: (whether fresh, cultured, reconstituted the receipt or processing of Grade A mill (ii) Fluid milk products obtained byor modified by the addition of nonfat or which supplies processed milk to ai transfer from pool plants or other order milk solids), with or without milkfat, so agency of the United States Goveramen plants in an amount not to exceed 5 per­ that the product (including stabilizers, located within the marketing area, iron cent of his total fluid milk product dis­ emulsifiers or flavoring) resembles milk which during the month: position for the month or 5,000 pounds, whichever is less; or any other fluid milk product; and a ^ There are disposed of on route: contains less than 6 percent nonmilk hmd milk products, except filled milk (2) Does not reprocess or convert milk fat (or oil). equal to at least 50 percent of the tota products into a fluid milk product except 8. In § 1131.22, paragraph (i) is revised eceipts at the plant (i) of milk qualifie< to increase the nonfat milk solids con- to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17430 RULES AND REGULATIONS

§ 1131.22 Duties. skim milk classified as Class HI pursuant subtracted pursuant to subparagraph ***** to § 1131.41(c)(5); (1) of this paragraph; (2) Subtract from the remaining (7) Subtract from the pounds of skim (i) Verify all reports and payments ofpounds of skim milk in each class the milk remaining in each class, pro rata to each handler by audit, as necessary, of pounds of skim milk in fluid milk prod­ such quantities, the pounds of skim milk such handler’s records and the records ucts received in packaged form from in receipts of fluid milk products from of any other handler or person upon other order plants, except that to be sub­ unregulated supply plants which were whose utilization the classification of tracted pursuant to subparagraph (3) (v) not subtracted pursuant to subparagraph skim milk and butterfat for such han­ of this paragraph, as follows: (3) (iv) or (4) ii) of this paragraph; dler depends; and by such other means (i) From Class III milk, the lesser of (8) Subtract from the pounds of skim as are necessary; the pounds remaining or two percent milk remaining in each class, in the fol­ * * * * * of such receipts; and lowing order, the pounds of skim milk in 9. In § 1131.30, paragraphs (b) and (c) (ii) From Class I milk, the remainder receipts of fluid milk products in bulk are revised to read as follows: of such receipts; from an other order plant (s), in excess § 1131.30 Reports of receipts and utili­ (3) Subtract in the order specified in each case of similar transfers to the zation. below from the pounds of skim milk same plant, which were not subtracted ***** remaining in each class, in series be­ pursuant to subparagraphs (3) (v) or ginning with Class HE, the pounds of (4) (ii) of this paragraph: (b) The utilization of all skim milkskim milk in each of the following: (i) In series beginning with Class HI, and butterfat required to be reported (i) Other source milk in a form other the pounds determined by multiplying pursuant to paragraph (a) of this sec­ than that of a fluid milk product; the pounds of such receipts by the larger tion, including a separate statement of (11) Receipts of fluid milk products of the percentage of estimated Class n the route disposition of Class I milk out­ (except filled milk) for which Grade A and Class HI utilization of skim milk side the marketing area, and a statement certification is not established, and re­ announced for the month by the market showing separately in-area and outside ceipts of fluid milk products from un­ administrator pursuant to § 1131.22(1) area route disposition of filled milk. identified sources; or the percentage that Class H and Class (c> Each handler specified in § 1131.10 (iii) Receipts of fluid milk products HE utilization remaining is of the total (d) who operates a partially regulated from a producer-handler, as defined remaining utilization of skim milk of the distributing plant shall report as required under this or any other Federal order; handler; and in this section, except that receipts of (iv) Receipts of reconstituted skim (ii) From Class I, the remaining Grade A milk from dairy farmers shall milk in filled milk from unregulated sup­ pounds of such receipts; be reported in lieu of producer milk; such ply plants; and ***** report shall include a separate statement (v) Receipts of reconstituted skim as to the quantity of reconstituted skim milk in filled milk from other order §1131.51 [Amended]. milk in fluid milk products disposed of plants which are regulated under an or­ 12. In § 1131.51(a), the figure “$2.30” on routes in the marketing area. der providing for individual handler is revised to “$2.32”. 10. In § 1131.44, paragraph (d), and pooling, to the extent that reconstituted 13. In § 1131.53, paragraph (c) is re­ subparagraph (5) of paragraph (g) are skim is allocated to Class I at the trans­ vised to read as follows: revised to read as follows: feror plant; § 1131.53 Location adjustments to han­ § 1131.44 Transfers. (4) Subtract, in the order specified ***** dlers. below, in sequence beginning with Class * * v * * * (d) As Class I milk, if transferred orHI from the pounds of skim milk re­ diverted to a nonpool plant that is neither maining in Class H and HI but not in (c) For other source milk to which an other order plant nor a producer- excess of such quantity: a location adjustment is applicable and handler plant, located outside the mar­ (1) Receipts of fluid milk productsfor milk received from producers at a keting area and outside Imperial County, from an unregulated supply plant, that plant located in I*ima County, Ariz., and Calif., except that cream may be classi­ were not subtracted pursuant to sub- which is classified as Class I milk, the fied as Class m if prior notice is given to paragraph (3) (iv) of this paragraph: price computed under § 1131.51(a) shall the market administrator, each container (a) For which the handler requests be increased 12 cents. Class HI utilization; or 14. Section 1131.61 is revised to read is labeled by the transferor as “cream for as follows: manufacturing use only” and such ship­ (b) Which are in excess of the pounds ment is so invoiced. of skim milk determined by multiplying § 1131.61 Plants subject to other Fed­ * * * * * the pounds of skim milk remaining in eral orders. (g) * * * Class I milk by 1.25 and subtracting the A plant specified in paragraph (a) or (5) For purposes of this paragraph, ifsum of the pounds of skim milk in pro­ (b) of this section shall be exempted the transferee order provides for only ducer milk, receipts from other pool from all the provisions of this part, ex­ two classes of utilization, skim milk and plants, from cooperative handlers pur­ cept as specified in paragraphs (c) and butterfat allocated to a class consisting suant to § 1131.10(c), and receipts in bulk from other order plants, that were (d): primarily of fluid milk products shall be (a) Any plant qualified pursuant to classified as Class I, and skim milk and not subtracted pursuant to subparagraph (3) (v) of this paragraph; § 1131.8(a) which disposes of a lesser butterfat allocated to another class shall volume of Class I milk, except filled be classified as Class HI; and (ii) Receipts of fluid milk products in milk, in the Central Arizona market­ * * * * * bulk from an other order plant, that were not subtracted pursuant to sub- ing area than in a marketing area 11. In § 1131.46, subparagraphs (2), paragraph (3) (v) of this paragraph, in where the handling of milk is regu­ (3), (4), (7), and (8) of paragraph (a) excess of similar transfers to such plant, lated pursuant to another order is­ are revised to read as follows: sued pursuant to the Act, and which is if Class HI utilization is requested by the subject to the classification and pricing § 1131.46 Allocation of skim milk and handler and the operator of the trans­ provisions of such other order is ex­ butterfat classified* feror plant requests the lowest class utilization under the other order; empted; After making the computations pur­ (b) Any plant qualified pursuant to suant to § 1131.45, the market admin­ (5) Subtract from the poundspf skim § 1131.8(b) for any portion of the period istrator shall determine the classification milk remaining in each class, in series November through June, inclusive, that of producer milk for each handler as beginning with Class HI, the pounds of the milk of producers at such plant is follows: skim milk in inventory of fluid milk prod­ subject to the classification and pricing (a) Skim milk shall be allocated inucts on hand at the beginning of the provisions of another order issued pur­ the following manner; month; suant to the Act and the Secretary de­ (1) Subtract from the total pounds (6) Add to the remaining pounds of termines that such plant should be ex­ of skim milk in Class n i the pounds of skim milk in Class HE milk the pounds empted from this part.

FEDERAL REGISTER. VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17431 (c) Each handler operating a plant milk, except that reconstituted skim milk § 1131.83: Provided, That any payments described in paragraph (a) or (b) shall, in filled milk shall be valued at the Class due to any handler shall be offset by with respect to total receipts and utiliza­ III price. There shall be included in the any payments due from such handler. tion or disposition of skim milk and obligation so computed a charge in the 17a. In § 1131.87, paragraphs (a) and butterfat at such plant, report to the amount specified in § 1131.70(f) and a (d) are revised to read as follows: market administrator at such time and credit in the amount specified in § 1131.82 § 1131.87 Termination of obligations. in such manner as the market adminis­ (b) (2) with respect to receipts from an trator may require (in lieu of reports unregulated supply plant, except that The provisions of this section shall pursuant to §§ 1131.30 and 1131.31) and the credit for receipts of reconstituted apply to any obligations under this part allow verification of such reports by the skim milk in filled milk shall be at the for the payment of money. market administrator; and Class III price, unless an obligation (a) The obligation of any handler to (d) Each handler operating a plant with respect to such plant is com­ pay money required to be paid under the specified in paragraph (a), if such plant puted as specified in subdivision (ii) of terms of this part shall, except as pro­ is subject to the classification and pricing this subparagraph; and vided in paragraphs (b) and (c) of this provisions of another order which pro­ ♦ * * * * section, terminate 2 years after the last day of the month during which the mar­ vides for individual handler pooling, shall (b) An amount computed as follows: pay to the market administrator for the ket administrator receives the handler’s (1) Determine the respective amounts utilization report on the skim milk and producer-settlement fund on or before of skim milk and butterfat disposed of the 25th day after the end of the month butterfat, involved in such obligation, as Class I milk on routes (other than to unless within such 2-year period the an amount computed as follows; pool plants) in the marketing area; (1) Determine the quantity of recon - market administrator notifies the han­ (2) Deduct the respective amounts of dler in writing that such money is . stituted skim milk in filled milk disposed skim milk and butterfat received as Class of on routes in the marketing area which due and payable. Service of such no­ I milk at the partially regulated distrib­ tice shall be complete upon mailing was allocated to Class I at such other uting plant from pool plants and other order plant. If reconstituted skim milk to the handler’s last known address, order plants, except that deducted under and it shall contain, but need not be in filled milk is disposed of from such a similar provision of another order is­ plant on routes in marketing areas regu­ limited to, the following information: sued pursuant to the Act; (1) The amount of the obligation, lated by two or more market pool orders, (3) Deduct the quantity of reconsti­ the reconstituted skim milk assigned to (2) The month(s) during which the tuted skim milk in fluid milk products skim milk and butterfat, with respect Class I shall be prorated according to disposed of on routes in the marketing such disposition in each area. to which the obligation exists, were re­ area; ceived or handled; and (2) Compute the value of the quan­ (4) Combine the amounts of skim milk tity assigned in subparagraph (1) of this and butterfat remaining into one total ***** paragraph to Class I disposition in this and determine the weighted average but­ (d) Any obligation on the part of the area, at the Class I price under this part terfat content; and market administrator to pay a handler applicable at the location of the other ' (5) From the value of such milk at the any money which such handler claims to order plant and subtract its value at the Class I price applicable at the location be due him under the terms of this order Class III price. of the nonpool plant, subtract its value shall terminate 2 years after the end 15. Section 1131.62 is revised to readat the weighted average price applicable of the month during which the skim milk as follows: at such location (not to be less than the and butterfat involved in the claim were § 1131.62 Obligations of handler oper­ Class HI price), and add for the quantity received if an underpayment is claimed, ating a partially regulated distribut­ of reconstituted skim milk specified in or 2 years after the end of the calendar ing plant. subparagraph (3) of this paragraph a month during which the payment value computed at the Class I price ap­ (including deduction or setoff by the Each handler who operates a partially plicable at the location of the nonpool market administrator) was made by the regulated distributing plant except one plant less the value of such skim milk at handler, if a refund on such payment is from which less than an average of 600 the Class HE price. claimed, unless such handler, within the pounds per daÿ of Class I milk is disposed 16. In § 1131.70, paragraph (e) is re­ applicable period of time, files, pursuant of on a route (s) in the marketing area vised to read as follows: to section 8c(15) (A) of the act, a peti­ shall pay to the market administrator for tion claiming such money. § 1131.70 Computation of the net pool the producer-settlement fund on or be­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. fore the 25th day after the end of the obligation of each pool handler. 601-674) mouth either of the amounts (at the han­ ♦ * * * * dler’s election) calculated pursuant to (e) Add an amount equal to the dif­ Effective date: December 1,1969. paragraph (a) or (b) of this section. If ference between the value at the Class I Signed at Washington, D.C., on the handler fails to report pursuant to price applicable at the pool plant and the October 24, 1969. §§ 1131.30(c) and 1131.31(c) the in­ value at the Class in price with respect formation necessary to compute the R ichard E. Lyng, to skim milk and butterfat in other Assistant Secretary. amount specified in paragraph (a) of this source milk subtracted from Class I pur­ section, he shall pay the amount com­ suant to § 1131.46(a) (3) and the corre­ [F.R. Doc. 69-12900; Filed, Oct. 28, 1969; puted pursuant to paragraph (b) of this sponding step of § 1131.46(b) except that 8:49 a.m.] section: for receipts of fluid milk products as­ (a) An amount computed as follows: signed to Class I pursuant to § 1131.46 Chapter XVIII— Farmers Home Ad­ (1) (i) The obligation that would have (a) (3) (iv) and (v) and (b) the Class I been computed pursuant to § 1131.70 at ministration, Department of Agri­ price shall be adjusted to the location of culture such plant shall be determined as though the transferor plant; such plant were a pool plant. For pur­ poses of such computation, receipts at ***** PART 1800— ADMINISTRATIVE such nonpool plant from a pool plant or 17. Section 1131.81 is revised to read PROVISIONS an other order plant shall be assigned as follows: Subpart D— Separate and Individual to the utilization at which classified at the pool plant or other order plant and §1131.81 Producer-settlement fund. Liability of Wife transfers from such nonpool plant to a The market administrator shall estab­ Part 1800 of Title 7 of the Code of P°ol plant or an other order plant shall lish and maintain a separate fund known Federal Regulations (31 F.R. 14109) is oe classified as Class m (or Class II) as the “producer-settlement fund” into amended by adding a new Subpart D to jhnk if allocated to such class at the pool which he shall deposit all payments prescribe the liability of the wife when pja®t °r other order plant and be valued made by handlers pursuant to §§ 1131.82, her signature is obtained on promissory at the weighted average price of the re­ 1131.61, and 1131.62 and out of which he notes or other evidences of indebtedness, spective order if so allocated to Class I shall make all payments pursuant to and to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—Pt. I----s 17432 RULES AND REGULATIONS

Subpart D— Separate and Individual Liability of date of their publication in the F ederal cluded in the public records of the Com­ Wife R egister. mission and will be the subject of re­ Sec. leases through the Commission’s Office 1800.41 Applicability. pa r t 1— GENERAL PROCEDURES of Information. Ordinarily, there will be 1800.42 Execution of promissory notes, as­ no additional release if and when a com­ sumption agreements or otber Subpart A— Industry Guidance evidence of indebtedness. plaint is issued under the Commission’s Advisory Opinions adjudicative procedures. All negotiations Au th o rity : The provisions of this Subpart and communications under §§ 2.32, 2.33, D issued under 5 U.S.C. 301; sec. 339, 75 Stat. 1. Section 1.4 is amended to read as follows : and 2.34 will constitute a part of the con­ 318, 7 U.S.C. 1989; sec. 4, 64 Stat. 100, 40 fidential records of the Commission, ex­ U.S.C. 442; sec. 510, 63 Stat. 437, 42 U.S.O. § 1.4 Public disclosure. 1480; sec. 602, 78 Stat. 528, 42 U.S.C. 2942; cept to the extent otherwise specifically sec. 203, 79 Stat. 13, 40 U.S.C. App. 203 (Supp. (a) Advisory opinions, and requests provided therein. II, 1964 Ed.); Orders of Director, Office of therefor, including names and details, Economic Opportunity, 29 F.R. 14764, 33 will be published by the Commission F.R. 9850; Orders of Secretary of Agriculture, when rendered, subject to any limitations PART 3— RULES OF PRACTICE FOR 29 F.R. 16210, 32 F.R. 6650, 33 F.R. 96.77. on public disclosure arising from statu­ ADJUDICATIVE PROCEEDINGS § 1800.41 Applicability. tory restrictions, the Commission’s rules, Subpart G— Reports of Compliance and the public interest.' The loan programs administered by (b) All requests for advice submitted 4. In §3.61, paragraphs (b) and (c) the Farmers Home Administration are are amended and paragraph (e) is added authorized by laws of Congress to carry under § 1.2 concerning proposed mergers, out national purposes and policies together with supporting materials, will as follows: throughout the entire United States and be placed on the public record as soon § 3.61 Reports of Compliance. its territories and possessions. Therefore, after they are received as circumstances ***** the liability of wives on promissory notes permit, except for information for which confidential classification has been re­ (b) The Commission has delegated to and other instruments executed in con­ the Directors and Assistant Directors of nection with such programs shall be de­ quested, with a showing of justification therefor, and which the Commission, the Bureaus of Deceptive Practices, Re­ termined and enforced in accordance straint of Trade, and Textiles and Furs, with applicable Federal law. with due regard to statutory restrictions, its rules, and the public interest, has without power of redelegation, the au­ § 1800.42 Execution of promissory determined should not be made public. thority, for good cause shown, to extend notes, assumption agreements, or Additionally, any communications, writ­ the time within which reports of com­ other evidence of indebtedness. ten or oral, concerning such proposed pliance with orders to cease and desist may be filed. It is to be noted, however, In all cases in which a wife joins with mergers, received by any member of the that an extension of time within which a her husband in executing a promissory Commission, or by any employee involved report of compliance may be filed, or the note, assumption agreement, or other evi­ in the decisional process, will be placed filing of a report which does not evi­ dence of indebtedness for loans made or on the public record immediately after dence full compliance with the order, insured by the United States of America, their receipt. In the case of an oral does not in any circumstances suspend acting through the Farmers Home Ad­ communication, the member or employee or relieve a respondent from his obliga­ ministration, one purpose and effect of shall immediately furnish the Commis­ tion under the law with respect to com­ the wife’s signature shall be to engage sion with a memorandum setting forth pliance with such order. An order of the her separate and individual personal „the full contents of such communication Commission to cease and desist becomes liability whether or not specifically so and the circumstances thereof, and such final on the date and under the cona­ stated in the note or other instrument memorandum will immediately be placed tions provided in section 5 (g), (h), (i), and notwithstanding any State statute on the public record. Within thirty (30) (j), and (k) of the Federal Trade Com­ or decisional rule of the contrary whether days after such requests and materials mission Act (15 U.S.C. 45'(g), (h), (i), based on coverture or other grounds and are placed on the public record, any (j), and (k)) and section 11 (g), (h), irrespective of whether the loan is for person may file for the public record (i), (j), and (k) of an Act to supplement her benefit or for the benefit of property written objections or comments with the existing laws against unlawful restraints held or to be held by her and her hus­ Secretary of the Commission. Any ad­ and monopolies, and for other purposes, band as tenants in common, joint ten­ vice given under § 1.3 concerning pro­ as amended—the Clayton Act, as ants, an estate by the entirety, commu­ posed mergers, together with a statement amended (15 U.S.C. 21 (g), (h), (i), (j), nity property, or otherwise, or is separate of supporting reasons, will be published and (k)). Any person, partnership or property of either. when given. corporation against which an order to cease and desist has been issued who is Dated; October 22,1969. PART 2— nonadjudicative not in full compliance with such order J oseph Haspray, PROCEDURES on and after the date'provided in these Deputy Administrator, statutes for the order to become final is Farmers Home Administration. Subpart A— Investigations in violation of such order and is subject [F.R. Doc. 69-12901; Filed, Oct. 28, 1969; 2. In § 2.2, paragraph (d) is amended to an immediate action for civil 8:49 a.m.] to read as follows: penalties. (c) Any respondent subject to a Com­ § 2.2 Request for Commission action. mission order may request advice from ***** the Commission as to whether a proposed Title 16— COMMERCIAL (d) It is Commission policy not to course of action, if pursued by it, will publish or divulge the name of an ap­ constitute compliance with such order. PRACTICES plicant or complaining party, except as The request for advice should be sub­ required by law or by the Commission’s mitted in writing to the Secretary of the Chapter i— Federal Trade Commission rules. Commission and should include full and complete information regarding the pro­ SUBCHAPTER A— PROCEDURES AND RULES OF Subpart C— Consent Order Procedure PRACTICE posed course of action. On the basis of 3. Section 2.35 is added to read as the facts submitted, as well as other MISCELLANEOUS AMENDMENTS TO follows: information available to the Commission, CHAPTER the Commission will inform the respond­ § 2.35 Notice of proposed adjudicative The Commission announces the fol­ proceeding included in public rec­ ent whether or not the proposed course lowing amendments to Chapter I of Title ords. of action, if pursued, would constitute 16 of the Code of Federal Regulations. Notices and proposed forms of com­ compliance with its order. (This proce­ These amendments are effective on the plaints and orders under § 2.31 are in­ dure is applicable only to advice sought

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17433 with respect to a proposed course of ac­ cisions”: the initial decisions of hearing financial participation in initial assist­ tion, and not to advice sought concern­ examiners in adjudicative proceedings; ance payments made under Title I, IV-A, ing any course of action already in being. the decisions of the Commission in ad­ XIV, or XVI of the Social Security Act Furthermore, the filing of a request for judicative proceedings, including state­ to any family or individual for periods advice under this subsection does not in ments of the reasons or basis for its beginning with the month in which they any circumstances suspend or relieve a action and any concurring and dissent­ meet all eligibility conditions under the respondent from his obligation under the ing opinions; significant orders and plan and in which an application has law with respect to his compliance with opinions on interlocutory matters in ad­ been received by the agency. the order. He must in any event be in judicative proceedings; the decisions of § 234.120 Federal financial participa­ full compliance on and after the date the the Commission in proceedings disposed tion. order becomes final as prescribed by stat­ of by the entry of consent orders to ute referred to in paragraph (b) of this cease and desist; and advisory opinions Federal financial participation is avail­ section.) Advice to respondents under and compliance advice. able in assistance payments made under this paragraph will be published by the (e) * * * a State plan under Title I, IV-A, X, XIV, Commission in the same manner and (2) A current record of the final votesor XVI of the Social Security Act to any subject to the same restrictions and con­ of each member of the Commission in family or individual for periods begin­ siderations as advisory opinions under every agency proceeding and in every ning with the month in which they meet § 1.4 of this chapter. action by the Commission made public all eligibility conditions under the plan * * * * * under the rules of this chapter; and in which an application has been received by the agency. Such assistance (e) All applications for approval of * * * ^ * * payments include money payments, pro­ proposed divestitures, acquisitions, or (10) Notices and proposed forms of tective payments, and nonmedical vendor similar transactions subject to Commis­ complaint and order under § 2.31 of this payments for foster care and institu­ sion review under outstanding orders, chapter, and agreements containing or­ tional services in intermediate care together with supporting materials, will ders to cease and desist after acceptance facilities. Federal financial participation be placed on the public record as soon by the Commission ; is available in vendor payments for after they are received as circumstances medical care under the above titles for permit, except for information for which * * * * * services to an eligible individual provided confidential classification has been re­ (13) Requests for advice concerning in or after the third month before the quested, with a showing of justification proposed mergers and applications for month in which the individual made therefor, and which the Commission, approval of proposed divestitures, ac­ application. with due regard to statutory restrictions, quisitions, or similar transactions sub­ its rules, and the public interest, has de­ ject to Commission review under out­ (Sec. 1102, 49 Stat. 647,42 U.S.C. 1302) termined should not be made public. standing orders, together with supporting Effective date: This regulation shall Also, any communications, written or materials and communications with re­ be effective on the date of its publication oral, concerning such proposed transac­ spect to such proposed transactions re­ in the F ederal R egister and shall apply tions, received by any member of the ceived by any member of the Commis­ to all claims in open audits. Commission, or by any employee involved sion and any employee involved in the in the decisional process, will be placed decisional process, to the extent that Dated: September 2,1969. on the public record immediately after such requests, applications, and ma­ Mary E. S witzer, their receipt. In the case of an oral com­ terials are made public under §§ 1.4(b) Administrator, Social and munication, the member or employee and 3.61(e) of this chapter; objections Rehabilitation Service. shall immediately furnish the Commis­ or comments with respect théreto which sion with a memorandum setting forth are filed for the public record; and any Approved: October 23,1969. the full contents of such communication advice or response given and made pub­ R obert H. F inch, and the circumstances thereof, and such lic under §§ 1.4(b) and 3.61(e) of this Secretary. memorandum will immediately be placed chapter, together with a statement of [F.R. Doc. 69-12883; Filed, Oct. 28, 1969; on the public record. Within thirty (30) supporting reasons. 8:47 a.m.] days after such applications and ma­ * * * * * terials are placed on the public record) any person may file for the public record (Sec. 6, 38 Stat. 721; 15 U.S.C. 46) written objections or comments with the Issued: October 14,1969. Title 17— COMMODITY AND Secretary of the Commission. All re­ By direction of the Commission. sponses to applications for approval of proposed divestitures, acquisitions, or [seal] J oseph W. S hea, SECURITIES EXCHANGES similar transactions subject to Commis­ Secretary. Chapter II— Securities and Exchange sion review under outstanding orders, to­ [F.R. Doc. 69-12882; Filed, Oct. 28, 1969; gether with a statement of supporting 8:47 a.m.] Commission reasons, will be published when made. [Release Nos. 33-5016 and 34-8728] PART 231— INTERPRETATIVE RE­ PART A— MISCELLANEOUS RULES Title 45— PUBLIC WELFARE LEASES RELATING TO THE SECURI­ 5. In §4.9, paragraphs (c)(3), (d), Chapter II— Social and Rehabilitation TIES ACT OF 1933 AND GENERAL (e)(2), and (e) (10) are amended, and RULES AND REGULATIONS THERE­ new paragraph (e)(13) is added as Service (Assistance Programs), De­ follows: partment of Health, Education, and UNDER § 4.9 Public records. Welfare PART 241— INTERPRETATIVE RE­ * * * * * PART 234— FINANCIAL ASSISTANCE LEASES RELATING TO THE SECURI­ (C) * * * TO INDIVIDUALS TIES EXCHANGE ACT OF 1934 AND (3) Cease-and-desist orders and GENERAL RULES AND REGULA­ orders of divestiture, industry guides, Federal Financial Participation TIONS THEREUNDER advisory opinions and compliance ad- Part 234 of Chapter H of Title 45 of “Ce, together with requests therefor, and the Code of Federal Regulations is Publicity Concerning Petroleum Dis­ mer administrative interpretations; amended by adding a new § 234.120 as coveries on North Slope of Alaska * ■ * * * * set forth below. This section is added to The Securities and Exchange Commis­ ini?? The Commission publishes pe- implement policy in accordance with the sion today expressed its concern with the official reports under the Comptroller General’s decision of Janu­ effect which publicity being given the Oil we Federal Trade Commission De- ary 17, 1969 which authorizes Federal and gas discoveries in the North Slope

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17434 RULES AND REGULATIONS area of Alaska may have upon public in­ proved reserves does not preclude factual The principal objections to the pro­ vestors. Such publicity may stimulate disclosures of exploratory activities such posed revisions, of the Commission’s sys­ public interest and give rise to estimates as information relating to drilling opera­ tems of accounts and annual report of potential values beyond justification tions, any statements which are made forms were that 5 percent of income by the factual information now available. should be appropriately qualified to in­ should not be used as a rigid standard in Before petroleum produced in the area dicate the limitations upon the signifi­ determining classification as an extraor­ may appear in world markets compli­ cance of the facts disclosed. dinary item; the requirement of prior cated problems in exploration, opera­ Commission approval before recording tions, transportation and marketing By the Commission, October 20, 1969. transactions in Account 439, Adjust­ must be favorably resolved and several [seal] Orval L. D uB ois, ments to Retained Earnings; the absence years may pass. Secretary. of a provision for “above and below the Accordingly, the commission cautioned [F.R. Doc. 69-12893; Piled, Oct. 28, 1969; line” allocation of income tax effects ap­ that investors should proceed with ex­ 8:48 a.m.] plicable to Interest Charges; the alleged treme care in reaching any investment cost and burden of supplying what ap­ decision on the basis of the published re­ peared to be such a large number of items leases and news articles concerning oil in the schedule for gain or loss on dis­ exploration and development on the Title 1 8 — CONSERVATION OF position of property on page 300 of the North Slope. This area covers not one report form; and the alleged unduly but several geological structures none of broad scope of Note 7 to the Statement which has been fully explored by drill­ POWER AND WATER RESOURCES of Income schedule on page 115. Addi­ ing; and dry holes have been drilled on Chapter I— Federal Power tionally, thère were objections to the re­ the North Slope. Uncertainties arising Commission strictive nature of the items list pre­ from lack of information, as well as the scribing entries to Account 439, the lack problems referred to above, render pre­ [Docket No. R-344; Order No. 389] of separate specific accounts for allo­ mature any estimates of quantities of PART 101— UNIFORM SYSTEM OF cating taxes “above and below-the-line” petroleum deposits which can be eco­ ACCOUNTS PRESCRIBED FOR and the location of Account 432, Inter­ nomically produced, or of profits which est Charged to Construction-Credit, as may result from their exploration and CLASS A AND CLASS B PUBLIC the last item of the Interest Charges sec­ development. UTILITIES AND LICENSEES tion of the income statement schedule Oil companies which have oil explor­ PART 141— STATEMENTS AND on page 114. Some of the other more" ation and development interests on the minor objections related to adding two North Slope are cautioned to weigh care­ REPORTS (SCHEDULES) notes to the income statement and not fully the conclusions and interpretations PART 201— UNIFORM SYSTEM OF condensing the income statement more of information they may use in state­ by consolidating under major captions. ments released to the public, and in fil­ ACCOUNTS FOR NATURAL GAS The Commission’^ basic purpose in ings with the Commission, which de­ COMPANIES the proposed modifications of its Uniform scribe the results of exploration and PART 260— STATEMENTS AND Systems of Accounts is to require that drilling programs which have been car­ REPORTS (SCHEDULES) all items of revenue and expense, with ried out. few exceptions, be included in the cur­ It is the policy of the Commission to Uniform Systems of Accounts and rent income statement. It is anticipated encourage prompt disclosure of material Annual Report Forms Nos. 1 and 2 that the adoption of these changes, developments in the affairs of publicly October 9, 1969. owned companies. Such disclosure, how­ Service Corp., American Electric Power Serv­ ever, should not be false or misleading. On September 4,1968, the Commission ice Corp., Arizona Public Service Co., Balti­ Moreover, while a registration statement issued a notice of proposed rulemaking more Gas and Electric Co., Boston Edison is pending or a proxy solicitation is in in this proceeding (33 F.R. 12967, Sept. Co., Carolina Power andi Light Co., Central progress, any such disclosure should be 13, 1968) proposing to amend certain Hudson Gas and Electric Corp., Cincinnati made in accordance with applicable re­ accounts in its Uniform Systems of Ac­ Gas and Electric Co., Cleveland Electric Illuminating Co., Columbus and Southern quirements of the Federal securities laws counts for Class A and Class B Public Ohio Electric Co., Consumers Power Co., and Commission-’s rules and regulations Utilities and Licensees, and for Class A Commonwealth Edison Co., Detroit Edison thereunder. and Class B Natural Gas Companies as Co., Duke Power Co., Florida Power Corp., With respect to the disclosure of re­ well as certain schedules pertaining to General Public Service Corp., Georgia Power serves, the Commission observed that the the Statement of Income in the Com­ Co., Gulf States Utilities Co., Illinois Power term “oil reserves” denotes oil which has mission’s Annual Report Forms Nos. 1 Co., Iowa Electric Light and Power Co., Iowa- and 2, prescribed respectively by §§ 141.1 Illinois Gas and Electric Co., Kansas City not been lifted from the ground but Power and Light Co., The Montana Power which, it is believed, can feasibly be pro­ and 260.1 of its Regulations for use Co., Natural Gas Pipeline Company of Amer­ duced. “Proved reserves” has been de­ by public utilities, licensees and nat­ ica, New England Electric System, New York fined as reserves which are considered ural gas companies, effective for the re­ State Electric and Gas Corp., Northern States proved to a high degree of certainty by porting year 1968. Power Co., Oklahoma Gas and Electric Co., production at commercial rates or by Comments were invited from inter­ Pacific Power and Light Co., Pennsylvania successful well tests made in conjunc­ Gas Co., Panhandle Eastern Pipe Line Co., tion with favorable and reliable core ested persons to be submitted by Octo­ Pennsylvania Power and Light Co., Portland ber 29, 1968. Upon request, this date for General Electric Co., Potomac Electric Power analysis or quantitative log interpreta­ Co., Public Service Company of Colorado, tion. In filings under the Securities Act filing written views was subsequently ex­ Public Service Electric and Gas Co., Public of 1933 and the Securities Exchange Act tended to December 30, 1698 (33 F.R. Service Company of Indiana, Inc., Public of 1934, the Commission permits claims 16126). In response to this notice, the Service Company of Oklahoma, Puget Sound of quantitative amounts of reserves only Commission has received comments from Power and Light Co., Southern California Ed­ within the proved category. Investors un­ ison Co., Tennessee Gas Transmission Co., familiar with the technical aspects of 63 respondents,1 which include one Fed­ Texas Gas Transmission Corp., Union Electric eral agency, three State commissions, Co., Union Light, Heat and Power Co., Upper the oil and gas business—and these may Peninsula Power Co., Virginia Electric and include most shareholders of major oil four accounting firms, 42 electric utilities, Power Co., Washington Gas Light Co., Wash­ companies—could ignore or misconstrue eight gas utilities, four associations, and ington Water Power Co., Wisconsin Electric the difference between categories of re­ one individual. Power Co., Consolidated Natural Gas Co-. serves and would attribute to any nu­ American Gas Association, Independent Nat­ merical estimates of reserves in other 1 Interstate Commerce Commission, State categories a degress of certainty which is ural Gas Association of America, National of Washington, Wisconsin Public Service Association of Regulatory and Utility Com­ not warranted,1 While the absence of Commission, Wyoming Public Services Com­ mission, Arthur Anderson and Co., Lybrand, missioners, American Institute of Certified 1See Sunray DX Oil Co. v. Helmerich & Ross Bros, and Montgomery, Niles and Niles, Public Accountants, Ino, and Mr. Robert E. Payne, Inc., 398 P. 2d 447 (10th Cir. 1968). Price Waterhouse and Co., Allegheny Power Stromberg.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17435 sometimes referred to as the “all in­ with the requirement that classifying included within the rulemaking pro­ clusive income statement” concept, will items aggregating less than 5 percent of ceeding, we are adopting this modifica­ strengthen the meaningfulness of the income as extraordinary receive Commis­ tion since it does not reflect a substan­ income statement. They are generally sion approval. For consistency purposes tive change and comports with our consistent with the recommendations of we will continue to require the 5 percent prime objective of achieving a more the Accounting Principles Board of the standard, however, to reduce the rigid­ realistic and revealing income state­ American Institute of Certified Public ity of the former requirement we have, ment. Inasmuch as the increase in thè Accountants in Opinion 9, Reporting the modified the measure to approximately 5 reporting requirement resulting there­ Results of Operations, issued in Decem­ percent of income in arriving at the clas­ from would be very minor and thus no ber 1966, after modification to satisfy sification of extraordinary items. We further notice is necessary, we also are regulatory needs, such as Commission shall also continue to require Commission including an addition to instruction 5 approval being required to treat an item approval regarding items aggregating of the tax schedule, page 222 of Form of less than 5 percent as extraordinary less than 5 percent of income. Grouping Nos. 1 and 2, which requires disclosure of and use of Account 439, Adjustments to small items in the extraordinary item adjustmènts to Account 236, Taxes Ac­ Retained Earnings. accounts could result in inadequate dis­ crued, resulting from Internal Revenue The main changes proposed by our closure or an unintended use of-these Service audits. This information has notice to the Uniform Systems of Ac­ accounts. presented a hiatus when attempting to counts are the elimination of the “Mis­ Although more than half of the re­ reconcile reported income taxes. cellaneous Debits to Surplus” and “Mis­ spondents except to the requirement of We have adopted those more minor cellaneous Credits to Surplus” accounts prior Commission approval for recording suggestions which have followed a “full and the addition of five new accounts prior period items in Account 439, these disclosure” concept in the income state­ entitled: “Gain on Disposition of Prop­ large, unique items will be few in number ment approach by making known all of erty,” “Loss on Disposition of Property”, and therefore should be analyzed on an those facts that are required in reach­ “Extraordinary Income/’ “Extraordi­ individual basis before granting approval ing informed opinions. In view of the nary Deductions,” and “Adjustments to for entries in Account 439. delay in adopting these amendments, wè Retained Earnings.” In addition, the We concur in the suggestion that the shall postpone the effective date of the rulemaking notice proposed to change income tax effects applicable to Interest proposed changes to the Uniform Sys­ the account entitled “Earned Surplus” Charges should be allocated “above and tems of Accounts to be effective Janu­ to “Retained Earnings” and to modify below the line”, and conclude that the ary 1, 1970, and to the annual report certain accounts in order to record all allocation can be made equitably on the forms for the reporting year 1970. Federal and local income taxes in Ac­ basis , of the ratio of net investment in The Commission finds: count 409, Income Taxes, rather than utility plant to net investment in non­ (1) The notice and opportunity to the present dispersal among several utility plant. Also, there is merit to the participate in this proceeding with re­ accounts. argument that the reporting burden in spect to the matters presently before The major proposed changes to the preparing the schedule on Gain or Loss this Commission through the submission, Statement of Income in the Annual on Disposition of Property is too great. in writing, of data, views, comments, Report Forms include: Hence, we shall allow the lumping of all and suggestions in the manner as de­ The removal of the “Earned Surplus” gains and losses on property whose value scribed above are consistent and in ac­ séction. Such information will be re­ is less than $50,000. cordance with all procedural require­ ported on schedule page 117 (revised) Although many respondents question ments therefor as prescribed in section in the “Statement of Retained Earnings the uses that certain persons might make 4 of the Administrative Procedure Act. for the Year.” „ of amounts reported pursuant to Note 6 (2) The amendments of the Commis­ The addition of new section “Extraor­ (now Note 7) of the schedule on page 115 sion’s Uniform Systems of Accounts and dinary Items.” as the difference between taxes payable Annual Report Forms herein prescribed The addition of income tax accounts using liberalized depreciation and those are necessary and appropriate for the in the Other Income and Deductions payable under the straight line deprecia­ administration of the Federal Power Act, section. tion method, the need for disclosure of (3) Since the amendments prescribed The addition of accounts “Gain on the tax benefit “flowed through” for herein which were not included in the Disposition of Property”, “Loss on Dis­ comparison and ratemaking purposes notice in this proceeding are of a minor position of Property”, “Extraordinary far outweighs the possibility of misuse nature and consistent with the prime Income,” and “Extraordinary Deduc­ of this information. However, we believe purpose of the proposed rulemaking tions.” that the objections to Note 7’s (now Note herein, further notice thereof is The addition of two notes. The notes 8) broad scope of a requirement of an unnecessary. require disclosure be made of the amount explanation of any changes during the (4) The modifications herein of the of difference between taxes payable when year in accounting procedures and the Uniform Systems of Accounts and An­ using liberalized depreciation and taxes dollar effect of such changes have valid­ nual Report Forms Nos. 1 and 2 requiring payable under straight line deprecia­ ity. Accordingly, we are limiting Note 8 all items of revenue and expense, with tion and of any changes in accounting by restricting the changes in accounting few exceptions, to be included in the procedure during the year and the re­ methods to those having effect on net current income statement, further the sultant dollar effect. Both notes are income. objective of an “all inclusive income intended primarily to require full We also are adopting two additional statement”, which will strengthen the disclosure of information needed for a suggestions made in the comments. We meaningfulness of that statement. thorough evaluation of income data. adopt the suggestion of making less The Commission, acting pursuant to The views expressed in the responses restrictive the proposed items list for the provisions of the Federal Power Act, to our rulemaking notice indicate gen- prescribing entries to Account 439, and as amended, particularly sections 301, eraliy strong support for the principles also are devising subaccounts for the pro­ 304, and 309 (49 Stat. 838, 854, 855, 858, underlying adoption of any “all inclusive posed primary tax accounts in which 16 U.S.C. §§ 825, 825c, 825h) and the pro­ income statement”. We shall hot attempt taxes allocated “below-the-line” are visions of the Natural Gas Act, as to discuss all of the suggestions for ra­ recorded. amended, particularly sections 8, 10, and ising the proposed changes in our sys­ In accordance with a comment by 16 thereof (52 Stat. 825, 826, 830, 15 tems of accounts and report forms. How- other respondents, Account 432 will be U.S.C. §§ 717g, 717i, and 717o), orders: Jv?f’vWe adopt certain comments relocated under the Other Income and (A) Effective for the year commencing wnich were made that improve upon the Deductions section of the income state­ changes as contained in our notice to the ment, rather than under the Interest January 1, 1970, the Uniform System of aCA?Unts and reP°rt forms. Charges section, in order to negate any Accounts -for Class A and Class B Pub­ ”*ost respondents oppose the 5 per- unintended implication that entries to lic Utilities and Licensees as prescribed n standard for determining the classi- this account serve as an offset to inter­ by Part 101, Chapter I, Title 18, CFR and ation of extraordinary items, together est charges. Although this item is not the Uniform System of Accounts for

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17436 RULES AND REGULATIONS Class A and Class B Natural Gas Com­ 28. “Retained Earnings” (formerly B. Treatment as prior period adjust­ panies, prescribed by Part 201, Chapter I, earned surplus) means the accumulated ments should not be applied to the nor­ Title 18, CFR are hereby amended as set net income of the utility less distribution mal, recurring corrections and adjust­ forth in Attachments A and B hereto. to stockholders and transfers to other ments which are the natural result of the (B) Effective for the reporting year capital accounts. use of estimates inherent in the account­ commencing January 1, 1970, certain General Instruction 2E. Line 7 : ing process. For example, changes in the schedules of PPC Form No. 1, Annual Change “account 426, Other Income De­ estimated remaining lives of fixed assets Report for Electric Utilities and Li­ ductions” to read “account 426, Miscel­ affect the computed amounts of depre­ censees, Class A and Class B, prescribed laneous Income Deductions.” ciation, but these changes should be con­ by § 141.1, Chapter I, Title 18, CFR and General Instruction 3A. Change ac­ sidered prospective in nature and not of FPC Form No. 2, Annual Report for counts “400-439 Income accounts.” to prior period adjustments. Similarly, rela­ Natural Gas Companies, Class A and “400-432, 434-435 Income accounts. 433, tively insignificant adjustments of pro­ Class B, prescribed by § 260.1, Chapter I, 436-439 Retained earnings accounts.” visions for liabilities (including income Title 18, CFR are hereby amended as set General Instruction 7. Delete present taxes) made in prior periods should be forth in Attachment C hereto.1 general instruction 7 and insert the considered recurring items to be reflected (C) Effective January 1, 1970, para­ following: in operations of the current period. Some graph (d) of § 141.1 of the Commission's 7. Extraordinary Items. It is the in­ uncertainties, for example those relating regulations under the Federal Power Act tent that net income shall reflect all to the realization of assets (collectibility is revised by changing the titles of two items of profit and loss during the period of accounts receivable, ultimate recovery schedules, deleting one schedule, and with the sole exception of prior period of deferred costs of realizability of in­ adding two schedules as follows: adjustments as described in paragraph ventories or other assets), would not Title Changes. Change title of “State­ 7.1 below. Those items related to the qualify for prior period adjustment ment of Earned Surplus—Statement D" effects of events and transactions which treatment, since economic events subse­ to "Statement of Retained Earnings for have occurred during the current period quent to the date of the financial state­ the Year—Statement D” and which are not typical or customary ments must of necessity enter into the Change title of “Accrued and Prepaid business activities of the company shall elimination of any previously existing un­ Taxes” to “Taxes Accrued, Prepaid and be considered extraordinary items. Ac­ certainty. Therefore, the effects of such Charged During Year” cordingly, they will be events and trans­ matters are considered to be elements in Delete: Taxes Charge During Year. actions of significant effect which would the determination of net income for the Add Schedules. Insert Gain or Loss on not be expected to recur frequently and period in which the uncertainty is elimi­ Disposition of Property to follow the line which would not be considered as re­ nated. (See account 439.) “Accumulated Deferred Investment Tax curring factors in any evaluation of the General Instruction 16. Subparagraph Credits.” ordinary operating processes of business. (d), line 2: Change “surplus” to “re­ . Insert Extraordinary Items to follow (In determining significance, items of a tained earnings.” the line “Expenditures for Certain Civic, similar nature should be considered in Electric Plant Instruction 5F. Lines: Political and Related Activities” [sec­ the aggregate. Dissimilar items should 26, 27, and 28: Change “434, Miscellane­ tions 301, 304, 309 (49 Stat. 838, 854, 855, be considered individually; however, if ous Credits to Surplus, or account 435, 858, 16 U.S.C. §§ 825, 825c, 825h)l. they are few in number, they may be Miscellaneous Debits to Surplus” to (D) Effective January 1, 1970, para­ considered in aggregate.) To be con­ “421.1, Gain on Disposition of Property, graph (c) of § 260.1 of the regulations sidered as extraordinary under the above or account 421.2, Loss on Disposition of under the Natural Gas Act is revised by guidelines, an item should be more than Property.” changing titles of two schedules, deleting approximately 5 percent of income, com­ Electric Plant Instruction 7E. Lines 6, one schedule, and adding two schedules puted before extraordinary items. Com­ 7, and 8: Change “434, Miscellaneous as follows: mission approval must be obtained to Credits to Surplus, or account 435, Mis­ Title Changes. Change title of “State­ treat an item of less than 5 percent, as cellaneous Debits to Surplus” to “421.1, ment of Earned Surplus—Statement D” extraordinary. (See accounts 434 and Gain on Disposition of Property, or ac­ to read “Statement of Retained Earnings count 421.2, Loss on Disposition of for the Year—Statement D.” 435.) Property.” Change title of “Accrued and Prepaid Add General Instruction 7.1. Electric Plant Instruction 10E. Lines Taxes” to read “Taxes Accrued, Prepaid 7.1 Prior Period Items. A. As a gen­ 10, 11, and 12: Change “434, Miscellane­ and Charged During Year.” eral rule, items relating to transactions ous Credits to Surplus, or account 435, Delete: Taxes Charged During Year. which occurred prior to the current cal­ Miscellaneous Debits to Surplus” to Add Schedules. Insert Gain or Loss on endar year but were not recorded in the “421.1, Gain on Disposition of Property, Disposition of Property to follow the line books of account shall be included in the or account 421.2, Loss on Disposition of “Accumulated Deferred Investment Tax same accounts in which they would have Property.” Credits.” been recorded had the item been re­ Balance Sheet Accounts. Balance sheet Insert Extraordinary Items to follow corded in the proper period. Such items account 215: Change title to “Appropri­ the line “Expenditures for Certain Civic, relate to events or transactions which ated Retained Earnings.” Balance sheet Political and Related Activities” [sec­ occurred in a prior period of periods, the account 216: Change title to “Unappro­ tions 8, 10, 16 (52 Stat. 825, 826, 830, 15 accounting effects of which could not be priated Retained Earnings.” U.S.C. §§ 717g, 717i, 717o) ]. determined with reasonable assurance at In Account 108, Accumulated provision (E) The Secretary of the Commission the time, usually because of major for depreciation of electric plant in serv­ shall cause prompt publication of this uncertainty then existing. When the ice. In paragraph A(2), delete and re­ order. amount of a prior period item is rela­ number remaining subparagraphs. In tively so large its inclusion for a single paragraph E, line 5: change “surplus” to By the Commission. month would distort the accounts for “retained earnings.” that month, the amount may be distrib­ [seal] Gordon M. Grant, In Account 109, Accumulated provi­ Secretary. uted in equal amounts to the accounts for the current and remaining months sion for depreciation of electric plant R evisions to the Uniform S ystems of of the calendar year. However, if the leaded to others, in paragraph A, line 4, A ccounts P rescribed for P ublic amount of any prior period item is so 5, and 6: delete: “or to account 435, Mis­ U tilities and Licensees Class A and large that the company believes its in­ cellaneous Debits to Surplus.” In para­ Class B clusion in the income statement would graph C, line 5 change “surplus” to “re­ (Secs. 301, 304, 309 (49 Stat. 838, 854, 855, seriously distort the net income for the tained earnings.” 858, 16 U.S.C. §§825, 825c, 825h)) year, the company may request Com­ mission approval to record the amount In Account 110, Accumulated provi­ Definitions. Add new number 28 and sion for depreciation of electric plant renumber remainder of definitions. in account 439, Adjustments to Retained Earnings. Sueh a request must be ac­ held for future use, paragraph B, line 5 ’ Filed as part of the original document. companied by adequate justification. change “surplus” to “retained earnings.”

FEDERAL REGISTER, VOL, 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17437 In Account 111, Accumulated provision change “435, Miscellaneous Debits to 411.3 Investment tax credit adjustments. for amortisation of electric plant in serv­ Surplus” to “439, Adjustments to Re­ 411.4 Investment tax credit adjustments, ice, paragraph A, lines 5, 6, and 7 delete: tained Earnings.” utility operations. Total utility operating expenses. “or to account 435, Miscellaneous Débits In Account 222. Reacquired bonds, in Other Operating Income. to Surplus, for past accrued amortiza­ paragraph B, lines 6, 7, and 8: change 412 Revenues from electric plant leased tion.” In lines 11, 12, and 13 delete: “or “434, Miscellaneous Credits to Surplus, to others. to account 435, Miscellaneous Debits to or account 435, Miscellaneous Debits to 413 Expenses of electric plant leased to Surplus.” In Paragraph B, lines 10, 11, Surplus,” to “428, Amortization of Debt others. ' and 12 change “434, Miscellaneous Cred­ Discount and Expense, or account 429, 414 Other utility operating income. its to Surplus, or account 435, Miscel­ Amortization of Premium on Debt-Cr.” Net utility operating income. laneous Debits to Surplus” to “421.1, In Account 236, Taxes accrued, in para­ 2. Oth er I ncom e and D eductions Gain on Disposition of Property, or ac­ graph B: Eliminate from last sentence count 421.2, Loss on Disposition of Prop­ all after the word “expenses” and sub­ A. OTHER INCOME erty.” In Paragraph D, line 5 change stitute therefor “see general instruction 415 Revenues from merchandising, job­ “surplus” to “retained earnings.” 7.1.” bing, and contract work. 416 Cost and expenses of merchandising, In Account 112, Accumulated provision In Account 265, Miscellaneous operat­ jobbing, and contract work. for amortization of electric plant leased ing reserves, in Note, lines 5 and 6: 417 Revenues from nonutility operations. to others, paragraph A, lines 7, 8, and 9 change “Earned Surplus” to “Retained 417.1 Expenses of nonutility operations. delete: “or to account 435, Miscellaneous Earnings.” 418 Nonoperating rental income. Debits to Surplus for past accrued amor­ In Account 271, Contributions in aid of 419 Interest and dividend income. tization.” In paragraph B, lines 10, 11, construction, in paragraph B, lines 2 and 421 Miscellaneous nonoperating income. and 12 change “434, Miscellaneous Cred­ 3: delete “earned surplus or to.” In Note 421.1 Gain on disposition of property. its to Surplus, or account 435, Miscellane­ B, under “Accumulated Deferred Income Total Other Income. ous Debits to Surplus” to “421.1, Gain on Taxes” section: in line 4, add “and non­ b. other in c o m e deductions Disposition of Property, or account 421.2, utility property” following “etc.,” and 421.2 Loss on disposition of property. Loss on Disposition of Property.” In before “and.” In line 7: delete all after 425 Miscellaneous amortization. paragraph D, line 5 change “surplus” to the word “below” and substitute the fol­ 426 Miscellaneous, income deductions. “retained earnings.” lowing therefor: “so as to allow ready 426.1 Donations. In Account 113, Accumulated provision identification of items relating to each 426.2 Life insurance. for amortization of electric plant held for utility department and to Other Income 426.3 Penalties. future use, in paragraph B, line 5 change 426.4 Expenditures for certain civic, politi­ and Deductions.” cal, and related activities. “surplus” to “retained earnings,” In Account 281, Accumulated deferred 426.5 Other deductions. In Account 115, Accumulated provision income taxes—Accelerated amortization. Total other income deductions. for amortization of electric plant acquisi­ Paragraph E, line 5, change “surplus” to Total Other Income and Deduc­ tion adjustments, in line 4: delete “com­ “retained earnings.” tions. ma” and substitute word “or” therefor. In Account 282, Accumulated deferred C. TAXES APPLICABLE TO OTHER INCOME AND In lines 6 and 7 delete “, or account 435, income taxes—Liberalized depreciation, DEDUCTIONS Miscellaneous Debits to SCtrplus.” paragraph E, line 5, change “surplus” to 408.2 Taxes other than income taxes, other In Account 116, Other electric plant “retained earnings.” adjustments. Add to end of paragraph income and deductions. A: “(See electric plant instruction 1C).” In Account 283, Accumulated deferred 409.2 Income taxes, other income and de­ In Account 123, Investment in associ­ income taxes—Other, in paragraph D, ductions. line 5, change “surplus” to “retained 410.2 Provision for deferred income taxes, ated companies, in Note D, lines 12 and earnings.” other income and deductions. 13 : change “435, Miscellaneous Debits to 411.2 Income taxes deferred in prior years- Surplus” to “426.5, Other Deductions.” Electric Plant Accounts, Account 302, Cr., other income and deductions. In Account 181, Unamortized debt dis­ Franchises and consents, in paragraph B, 411.5 Investment tax credit adjustments, count and expense, in paragraph D, lines line 12 and paragraph C, lines 3 and 4, nonutility operations. 12, 13, and 14 and paragraph E, lines 5, change “435, Miscellaneous Debits to Total taxes on other income and 6, and 7: change “434, Miscellaneous Surplus” to “426.5, Other Deductions.” deductions. Credits to Surplus, or account 435, Mis­ In Account 303, Miscellaneous intan­ Net other income and deductions. cellaneous Debits to Surplus” to “428, gible plant, in paragraph B, lines 4 and 3. I nterest Charges Amortization of Debt Discount and Ex­ 5, change “435, Miscellaneous Debits to 427 Interest on long-term debt. pense, or account 429, Amortization of Surplus” to “426.5, Other Deductions.” 428 Amortization of debt discount and Premium on Debt-Cr.” In paragraph Print entire new chart of Income Ac­ expense. E(2), lines 1 and 2: change “435, Miscel­ counts as follows: 429 Amortization of premium on debt-Cr. laneous Debits, to Surplus” to “428, Am­ 430 Interest on debt to associated com­ Income Accounts panies. ortization of Debt Discount and 431 Other interest expense. 1. Utilit y Operating I ncom e Expense.” Total interest charges. In Account 183, Preliminary survey 400 Operating revenues. 432 Interest charged to construction-Cr. and investigation charges, in paragraph * Operating expenses: Income before extraordinary items. 401 Operating expense. A, lines 10 and 11: change “435, Miscel­ 4. E xtraordinary Item s laneous Debits to Surplus” to “426.5, 402 Maintenance expense. Other Deductions.” 403 Depreciation expense. 434 s Extraordinary income. 404 Amortization of limited-term elec­ 435 Extraordinary deductions. In Account 213, Discount on capital tric plant. 409.3 Income taxes, extraordinary items. stock, and account 214, Capital stock 405 Amortization of other electric plant. Net incoine. expense, paragraph B, lines 8 and 9 and 406 Amortization of electric plant ac­ Paragraph C, lines 6 and 7: change “435, quisition adjustments. In Account 408, Taxes other than in­ Miscellaneous Debits to Surplus” to “439, 407 Amortization of property losses. come taxes, in paragraph A, lines 8 and 9 Adjustments to Retained Earnings.” 408 Taxes other than income taxes. delete: “which are properly chargeable to In Account 215, Appropriated earned 408.1 Taxes other than income taxes, util­ electric operations.” In paragraph D— ity operating income. Add new paragraph: D. This account surplus, change title to “Appropriated 409 Income taxes. detained Earnings,” in line 2: change 409.1 Income taxes, utility operating in­ shall be maintained according to the sub­ earned surplus” to “retained earnings.” come. accounts 408.1 and 408.2 inclusive as in Account 216, Unappropriated earned 410 Provision for deferred income taxes. shown below. surplus, change title to “Unappropriated 410.1 Provision for deferred income taxes, Notes: Delete A and D. Redesignate retained Earnings.” Line 3: change utility operating income. remaining as A through D. Add new note surplus” to “retained earnings.” 411 Income taxes deferred in prior years- Cr. E: “E. Interest on tax refunds or de­ ,*5*1 Account 217, Reacquired capital 411.1 Income taxes deferred in prior years- ficiencies shall not be included in this siock, paragraph B, lines 12 and 13: Cr., utility operating income. account but in account 419, Interest and

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17438 RULES AND REGULATIONS

Dividend Income or 431, Other Interest 409.3 Income taxes, extraordinary ment Tax Credit Adjustments, related to Expense, as appropriate.” items. property used in Nonutility Operations. Add new subaccounts as follows: This account shall include the reflect­ In Account 412, Revenues from electric plant leased to others. Account 413, Ex­ 408.1 Taxes other than income taxes, ed amount of those State and Federal in­ utility operating income. come taxes in account 409, Income Taxes penses of electric plant leased to others, (both positive and negative), which in paragraph B—Delete items: “Rents. This account shall include those taxes relate to Extraordinary Items. Taxes other than income taxes. Income recorded in account 408, Taxes Other Account 410, Provision for deferred in­ taxes,” add note: “Related operating Than Income Taxes which relate to util­ come taxes, designate first paragraph as taxes shall be recorded in account 408, ity operating income. This account shall “A,” and add additional paragraph B: Taxes Other Than Income Taxes and in­ be maintained so as to allow ready iden­ B. This account shall be maintained come taxes shall be recorded in account tification of taxes relating to Utility Op­ according to the subaccounts 410.1 and 409, Income Taxes, identified separately.” erating Income (by department), Utility 410.2 inclusive, as shown below. In Account 414, Other utility operating Plant Leased to Others and Other Utility Add new subaccounts as follows: income, in paragraph B—line 4: delete Operating Income. word “taxes,” add note: “Related operat­ 410.1 Provisions for deferred income ing taxes shall be recorded in account 408.2 Taxes other than income taxes, taxes, utility operating income. other income and deductions. 408, Taxes Other Than Income Taxes This account shall include the amount and income taxes shall be recorded in This account shall include those taxes of those deferred income taxes reflected account 409, Income Taxes, identified recorded in account 408, Taxes Other in account 410, Provision for Deferred separately.” Right column: Change sec­ Than Income Taxes which relate to Income Taxes, which relate to Utility tion heading “2. Other Income” to “2. Other Income and Deductions. Operating Income (by department). Other Income and Deductions.” In Account 409, Income taxes, in para­ In Account 415, Revenues from mer­ graph A, line 2, insert word “income” 410.2 Provisions for deferred income chandising, jobbing and contract work, between words “Federal” and “taxes.” taxes, other income and deductions. and Account 416, Costs and expenses of Delete: All after the word “adjusted” on This account shall include the amount merchandising, jobbing and contract line 10 and substitute the following there­ of those deferred income taxes reflected work. Note—Designate present note as for—“by a charge or credit to this ac­ in Account 410, provision for Deferred “A.” Add additional note: “B. Related count, unless such adjustment is properly Income Taxes, which relate to Other In­ operating taxes shall be recorded in ac­ includible in account 439, Adjustments to come and Deductions. count 408, Taxes Other Than Income Retained Earnings, so that this account In Account 411, Income taxes deferred Taxes, and income taxes shall be re­ as nearly as can be ascertained shall in­ in prior years—Credit, designate first corded in account 409, Income Taxes.” clude the actual taxes payable by the paragraph as “A,” add additional para­ Delete item 24 in list of items, and re­ utility (See general instruction 7.1 for graph as B: B. This account shall be number item 25. prior period adjustments).” In para­ maintained according to the subaccounts In Account 417, Income from nonutil­ graph B, delete and substitute therefor: 411.1 and 411.2 inclusive, as shown below. ity operations. Change account title to B. The accruals for income taxes shall be Add new subaccounts as follows: apportioned among utility departments “Revenues from Nonutility Operations.” and to Other Income and Deductions so 411.1 Income taxes deferred in prior Add new account number and title di­ that, as nearly as practicable, each tax years—Credit, utility operating in­ rectly under above account number and shall be included in the expenses of the come. title. “417.1, Expenses of Nonutility utility department or Other Income and This account shall include the amount Operations.” In paragraph A, line 1: Change first two words to read “These Deductions, the income from which gave of those taxes deferred in prior years— accounts.” Add note: “Related operating rise to the tax. The income tax effect of credit, reflected in Account 411, Income taxes shall be recorded in account 408, amounts recorded in account 439, Ad­ Taxes Deferred in Prior Years—Credit, Taxes Other Than Income Taxes and in­ justments to Retained Earnings shall be which relate to Utility Operating Income come taxes shall be recorded in account recorded in that account. The tax effects (by department). 409, Income Taxes.” In pargaraph B, relating to Interest Charges shall be allo­ 411.2 Income taxes deferred in prior Delete last two items: “Taxes other than cated between utility and nonutility op­ years— Credit, other income and de­ income taxes. Income Taxes.” erations. The basis for' this allocation ductions. shall be the ratio of net investment in In Account 418, Nonoperating rental utility plant to net investment in non­ This account shall include the amount income in paragraph A, last line: delete utility plant. Add new paragraph C: “C. of those taxes deferred in prior years— “account 417” and substitute “accounts This account shall be maintained accord­ credit, reflected in Account 411, Income 417 or 417.1” therefor. In paragraph B, ing to the subaccounts 409.1, 409.2, and Taxes Deferred in Prior Years—Credit, Delete last two items: “Taxes Other 409.3 inclusive as shown below.” which relate to Other Income and Deduc­ than income taxes. Income Taxes.” Notes: Delete B, C, and D. Change E tions. Add Note: “Related operating taxes shall toB. In Account 411.1, Investment tax credit be recorded in account 408, Taxes Other adjustments, change account number Than Income Taxes and income taxes Add new subaccounts as follows: from 411.1 to 411.3. shall be recorded in account 409, Income 409.1 Income taxes, utility operating Add additional paragraph C: C. This Taxes.” income. account shall be maintained according In Account 419, Interest and dividend This account shall include the amount to the subaccounts 411.4 and 411.5 inclu­ income, delete paragraph B and reletter of those State and Federal income taxes sive, as shown below. remaining paragraphs. In new para­ reflected in account 409, Income Taxes, Add new subaccounts as follows: graph C, line 2, delete word “including” which relate to utility operating income. and substitute word “excluding” there­ This account shall be maintained so as 411.4 Investment tax credit adjustments, for. Notes: Add note A: “A. Related op­ to allow ready identification of tax effects utility operations. erating taxes shall be recorded .in ac­ (both positive and negative) relating to This account shall include the amount count 408, Taxes Other Than Income Utility Operating Income (by depart­ of those investment tax credit adjust­ Taxes and income taxes shall be re­ ment), Utility Plant Leased to Others ments reflected in account 411.3, Invest­ corded in account 409, Income Taxes.” and Other Utility Operating Income. ment Tax Credit Adjustments, related Designate present note as B. to property used in Utility Operations (by In Account 421, Miscellaneous nonop­ 409.2 Income taxes, other income and department). erating income, in line 2, add after the deductions. 411.5 Investment tax credit adjustments, word “items”: “, except taxes,.” Add This account shall include the amount nonutility operations. final sentence to paragraph as follows: of those State and Federal income taxes “Related operating taxes shall be re­ reflected in account 409, Income Taxes This account shall include the amount corded in account 408, Taxes Other Than (both positive and negative), which of those investment tax credit adjust­ Income Taxes and income taxes shall be relate to Other Income and Deductions. ments reflected in account ^11j3, Invest­ recorded in account 409, Income Taxes.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17439 Add the following additional item: 3. ireported other than as extraordinary of the financial statements for the prior Gain on disposition of investments and items. The applicable income tax effects period, and (c> depend primarily on reacquisition and resale or retirement of of this account shall be recorded in ac­ determinations by persons other than utility’s debt securities and investments. count 409, Income Taxes, Identified sep­ the management and (d) were not sus­ Add the following new accounts: arately. (See general instruction 7.) ceptible of reasonable estimation prior 421.1 Cain on disposition of property. Retained earnings accounts. Following to such determination. This account new account 435: add complete new sec­ shall also include the related income tax This account shall be credited with tion “Retained Earnings Accounts” fol­ effects (State and Federal) on items the gain cm the sale, conveyance, ex­ lowing the Income Accounts. This new included herein. All items included in change or transfer of utility or other section will contain a contents sheet and this account shall be sufficiently de­ property to another. (See electric plant accounts as follows: scribed in the entries relating thereto as instructions 5F, 7E, and 10E.) Record to permit ready analysis. income taxes on gains recorded in this Retained Earnings Accounts B. Adjustments, charges, or credits account in account 409, Income Taxes. 216 Unapproprlaited. retained earnings (at due to losses on reacquisition, resale or beginning of period). 421.2 Loss on disposition of property. retirement of the company’s own capital 433 Balance transferred from income. stock shall be included in this account. This account shall be charged with the 436 Appropriations of retained earnings. 437 Dividends declared—preferred stock. (See account 210, Gain on Resale or Can­ loss on the sale, conveyance, exchange or 438 Dividends declared—common stock. cellation of Reacquired Capital Stock, transfer of utility or other property to 439 Adjustments to retained earnings. for the treatment of gains.) another. (See electric plant instructions 216 Unappropriated retained earnings (at I te m s 5F, 7E, and 10E.) Record the reductions end of period). in income taxes attributable to losses re­ 1. Significant nonrecurring adjustments corded in this account in Account 409, 433 Balance transferred from income. or settlements of Income taxes. Income Taxes. 2. Significant amounts resulting from This account shall include the net litigation or similar claims. Left column: Delete section heading, credit or debit transferred from income 3. Significant amounts relating to ad­ “3. Miscellaneous Income Deductions.” for the year. justments or settlement of utility revenue In Account 425, Miscellaneous amorti­ 436 Appropriations of retained earn­ under rate processes. zation, in the last sentence, delete entire 4. Significant adjustments to plant in sentence. ings. service depreciation and amortization as a In Account 426, Other income deduc­ This account shall include appropria­ •result of Commission direction. tions, change title of account to “Mis­ tions of retained earnings. 5. Write-off of unamortized capital stock expenses. cellaneous Income Deductions.” Add the I tem s note now found under account 426.5. 1. Appropriations required under terms of In Operation and Maintenance Ex­ In Account 426.5» Other deductions, mortgages, carders of courts, contracts, or pense Accounts in Account 914, Revenues add the following: other agreements. from merchandising, jobbing, and con­ I tem s 2. Appropriations required by action of tract work and Account 915, Cost and regulatory authorities. expenses of merchandising, jobbing and 1. Loss relating to Investments in secu­ 3. Other appropriations made at option of contract work. Note: Designate present rities written-off or written-down. utility for specific purposes. 2. Loss on sale of investments. note as “A.” Add additional note: “B. 3. Loss on reacquisition, resale or retire­ 437 Dividends declared— preferred Related operating taxes shall be re­ ment of utility’s debt securities. stock. corded in account 408, Taxes Other Than 4. Preliminary survey and investigation Income Taxes, and income taxes shall expenses related to abandoned projects, when A. This account shall include amounts be recorded in account 409, Income not written-off to the appropriate operating declared payable out of retained earn­ Taxes.” Items: Delete Item 23 in list of expense account. ings as dividends on actually outstanding items, and renumber item 24, accordingly. preferred or prior lien capital stock Delete note from account, and in right issued by the utility. R evisions to the U niform S ystem of column: Change section heading number B. Dividends shall be segregated for A ccounts P rescribed for N atural G as “4” to “3.” Companies Class A and Class B Left column following account 432: each class and series of preferred stock as to those payable in cash, stock, and (Secs. 8,10, 16 (52 Stat. 825, 826, 830, 15 U.S.C. Delete section heading “5. Earned Sur­ other forms. If not payable in cash, the §§ 717g, 7171, 7170)) plus,” and substitute the following there­ medium of payment shall be described for: “4. Extraordinary Items.” Delete: with sufficient detail to identify it. Definitions. Add new number 25 and Accounts 433, Balance Transferred From renumber remainder of definitions. Income; 434, Miscellaneous Credits to 433 Dividends declared— common stock. 25. “Retained Earnings” (formerly Surplus; 435, Miscellaneous Debits to A. This account shall include amounts earned surplus) means the accumulated Surplus; 436, Appropriations of Surplus; declared payable out of retained earnings net Income of the utility less distribution ***> Dividends Declared—Preferred as dividends on actually outstanding to stockholders and transfers to other Stock; and 438, Dividends Declared— common capital stock issued by the capital accounts. Common Stock. utility. General Instruction 2E. In line 7: Add the following new accounts: B. Dividends shall be segregated for Change “account 426, Other Income De­ ductions” to read “account 426, Miscel­ 434 Extraordinary income. each class of common stock as to those payable in cash, stock and other forms. laneous Income Deductions.” This account shall be credited with If not payable in cash, the medium of General Instruction 3A. Change ac­ nontypical, noncustomary,-infrequently payment shall be described with suffi­ counts “400-439 Income accounts.” to recurring gains, which would signifi­ cient detail to identify it. “400-432, 434-435 Income accounts. 433, cantly distort the current year’s income 436-439 Retained earnings accounts.” computed before Extraordinary Items, if 439 Adjustments to retained earnings. General Instruction 7. Delete present eported other than as extraordinary A. This account shall include signifi­ general instruction 7 and insert the nfnf-' The applicable income tax effects cant nonrecurring transactions relating following: 1 “Us account shall be recorded in ac- to prior periods. Other than transactions 7. Extraordinary Items. It is the in­ ount 409, Income Taxes, identified sep­ of capital stock as specified in paragraph tent that net income shall reflect all arately. (See general instruction 7.) B below, all entries to this account must items of profit and loss during the period 435 Extraordinary dednctions. receive prior Commission approval. These with the sole exception of prior period transactions are limited to those adjust­ adjustments as described in paragraph This accoui^ shall be debited with ments which (a) can be specifically 7.1 below. Those items related to the rwi -lca^’ noncustomary, infrequently identified with and related to the busi­ effects of events and transactions which losses, which would signifi- ness activities of particular prior periods, have occurred during the current period distort the current year’s income and (b) are not attributable to economic and which are not typical or customary mputed before Extraordinary Items, if- events occurring subsequent to the date business activities of the company shall

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—Pt. I----- 4 17440 RULES AND REGULATIONS be considered extraordinary items. Ac­ ously existing uncertainty. Therefore, Debits to Surplus.” In paragraph B, lines cordingly, they will be events and trans­ the effects of such matters are considered 10,11, and 12, change “435, Miscellaneous actions of significant effect which would to be elements in the determination of Debits to Surplus or account 434, Miscel­ not be expected to recur frequently and net income for the period in which the laneous Credits to Surplus” to “421.1, which would not be considered as recur­ uncertainty is eliminated. (See account Gain on Disposition of Property, or ac­ ring factors in any evaluation of the 439.) count 421.2, Loss on Disposition of Prop­ ordinary operating processes of business. Gas Plant Instruction 5F, in lines 26, erty.” In paragraph D, line 5, change (In determining significance, items of a 27, and 28 change “434, Miscellaneous “surplus” to “retained earnings.” similar nature should be considered in Credits to Surplus, or account 435, Mis­ In Account 112, Accumulated provision the aggregate. Dissimilar items should cellaneous Debits to Surplus” to “421.1, for amortization and depletion of gas be considered individually; however, if Gain on Disposition of Property, or ac­ plant leased to others, in paragraph A, they are few in number, they may be count 421.2, Loss on Disposition of lines 8, 9, and 10 delete “or account 435, considered in aggregate.) To be con­ Property.” Miscellaneous Debits to Surplus, for past sidered as extraordinary under the above Gas Plant Instruction 7E, in lines 6, 7, accrued amortization and depletion,”. In guidelines, an item should be more than and 8 change “434, Miscellaneous Credits paragraph B, lines 10, 11, and 12 change approximately 5 percent of income, com­ to Surplus, or account 435, Miscellaneous “435, Miscellaneous Debits to Surplus, or puted before extraordinary items. Com­ Debits to Surplus” to “421.1, Gain on account 434, Miscellaneous Credits to mission approval must be obtained to Disposition of Property, or account 421.2, Surplus to “421.1, Gain on Disposition of treat an item of less than 5 percent, as Loss on Disposition of Property.” Property, or account 421.2, Loss on Dis­ extraordinary. (See accounts 434 and Gas Plant Instruction 10E, in lines 10, position of Property.” In paragraph D, 435.) 11, and 12 change “434, Miscellaneous line 5, change “surplus” to “retained Add General Instruction 7.1. Credits to Surplus, or account 435, Mis­ earnings.” 7.1 Prior Period Items. A. As a gen­cellaneous Debits to Surplus” to “421.1, In Account 113.1, Accumulated provi­ eral rule, items relating to transactions Gain on Disposition of Property, or ac­ sion for abandonment of leases in para­ which occurred prior to the current cal­ count 421.2, Loss on Disposition of graph D, line 5 change “surplus” to endar year but were not recorded in the Property.” “retained earnings.” books of account shall be included in the Balance Sheet Accounts Balance sheet In Account 113.2, Accumulated provi­ same accounts in which they would have Account 215 change title to “Appro­ sion for amortization of other gas plant been recorded had the item been re­ priated Retained Earnings.” held for future use in paragraph B, corded in the proper period. Such items Balance sheet Account 216 change title line 5 change “surplus” to “retained relate to events or transactions which to “Unappropriated Retained Earnings.” earnings.” occurred in a prior period or periods, the In Account 108, Accumulated provision In Account 115, Accumulated provision accounting effects of which could not be for depreciation of gas plant in service for amortization of gas plant acquisition determined with reasonable assurance at in paragraph A(2) delete and renumber adjustments in line 4 delete “comma” the time, usually because of major un­ remaining subparagraphs. In paragraph and substitute word “or” therefor. In certainty then existing. When the E, line 5 change “surplus” to “retained lines 6 and 7 delete “, or account 435, amount of a prior period item is rela­ earnings.” Miscellaneous Debits to Surplus.” tively so large its inclusion for a single In Account 109, Accumulated provision In Account 116, Other gas plant ad­ month would distort the accounts for for depreciation of gas plant leased to justments add to end of paragraph A: that month, the amount may be distrib­ others, in paragraph A, line 4, 5, and 6 (See gas plant instruction 1C). uted in equal amounts to the accounts delete: “or to account 435, Miscellaneous In Account 117, Gas stored under­ for the current and remaining months of Debits to Surplus.” In paragraph C, line ground—Concurrent in paragraph G, the calendar year. However, if the 5 change “surplus” to “retained line 6 change “7, Delayed Items” to “7.1, amount of any prior period item is so earnings.” Prior Period Items.” large that the company believes its in­ In Account 110, Accumulated provision In Account 123, Investment in asso­ clusion in the income statement would for depreciation of gas plant held for ciated companies, in Note D, lines 12 and seriously distort the net income for the future use, in paragraph B, line 5 change 13 change “435, Miscellaneous Debits to year, the company may request Com­ “surplus” to “retained earnings.” Surplus” to “426.5, Other Deductions.” mission approval to record the amount in In Account 111.1, Accumulated provi­ In Account 181, Unamortized debt dis­ sions for amortization and depletion of count and expense, in paragraph D, lines account 439, Adjustments to Retained 12, 13, and 14 and paragraph E, lines 5, Earnings. Such a request must be ac­ producing natural gas land and land 6 and 7 change “434, Miscellaneous companied by adequate justification. rights, in paragraph B delete entire last sentence. In paragraph C, lines 10, 11, Credits to Surplus, or account 435, Mis­ B. Treatment as prior period adjust­ cellaneous Debits to Surplus” to “428, ments should not be applied to the nor­ and 12 change “435, Miscellaneous Debits Amortization of Debt Discount and Ex­ mal, recurring corrections and adjust­ to Surplus, or account 434, Miscellaneous pense, or account 429, Amortization of ments which are the natural result of Credits to Surplus” to “421.1, Gain on Premium of Debt-Cr.” In paragraph the use of estimates inherent in the ac­ Disposition of Property, or account 421.2, E(2), lines 1 and 2 change “435, Mis­ counting process. For example, changes Loss on Disposition of Property.” In par­ cellaneous Debits to Surplus” to “428, in the estimated remaining lives of fixed agraph E, line 5 change “surplus” to “retained earnings.” Amortization of Debt Discount and assets affect the computed amounts of Expense.” depreciation, but these changes should In Account 111.2, Accumulated provi­ Tn Account 183.2, Preliminary survey be considered prospective in nature and sion for amortization of underground storage land and land rights, in para­ and investigation charges, in paragraph not prior period adjustments. Similarly, A, lines 12 and 13 change “435, Miscella­ relatively insignificant adjustments of graph C, lines 10,11, and 12 change “435, Miscellaneous Debits to Surplus, or ac­ neous Debits to Surplus” to “426.5, Other provisions for liabilities (including in­ Deductions.” come taxes) made in prior periods should count 434, Miscellaneous Credits to Sur­ In Account 213, Discount on capital be considered recurring items to be re­ plus” to “421.1, Gain on Disposition of stock afad Account 214, Capital stock ex­ flected in operations of the current pe­ Property, or account 421.2, Loss on Dis­ pense, in paragraph B, line 8 and 9 and riod. Some uncertainties, for example position of Property.” In paragraph E, paragraph C, line 6 and 7 change "435, those relating to the realization of assets ¡line 4 change “surplus” to “retained Miscellaneous Debits to Surplus” to “439, (collectibility of accounts receivable, earnings.” Adjustments to Retained Earnings.” _ ultimate recovery of deferred costs of In Account 111.3, Accumulated provi­ sion for amortization of other gas plant In Account 215, Appropriated earned realizability of inventories or other as­ surplus, change title to “Appropriated sets), would not qualify for prior period in service, in paragraph A, lines 5, 6, and adjustment treatment, since economic 7, delete “, or to account 435, Miscellane­ Retained Earnings.” and in line 2 change events subsequent to the date of the fi­ ous Debits to Surplus, for past accrued “earned surplus” to “retained earnings. nancial statements must of necessity amortization,” and in lines 11,12, and 13, In Account 216, Unappropriated eaf n,e~, enter into the elimination of any previ- delete “or to account 435, Miscellaneous surplus, change title to “Unappropriated

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17441

Retained Earnings,” and line 3 change 408.1 Taxes other than income taxes, util­ In Account 408, Taxes other than in­ “surplus” to “retained earnings.” ity operating income. come taxes, in paragraph A, lines 8 and 409 Income taxes. 9 delete: “which are properly chargeable In Account 217, Reacquired capital 409.1 Income taxes, utility operating in­ stock, in paragraph B, lines 12 and 13 come. to gas operations.” In paragraph D—Add change “435, Miscellaneous Debits to 410 Provision for deferred income taxes. new paragraph: D. This account shall Surplus” to “439, Adjustments to Re­ 410.1 Provision for deferred income taxes, be maintained according to the subac­ tained Earnings.” utility operating income. counts 408.1 and 408.2 inclusive, shown In Account 222, Reacquired bonds in 411 Income taxes deferred in prior years— below. In notes: Delete A and D. Re­ paragraph B, lines 6, 7, and 8 change Cr. designate remaining as A through D. Add 411.1 Income taxes deferred in prior years— new note E: “E. Interest on tax refunds “434, Miscellaneous Credits to Surplus, Cr., utility operating income. or account 435, Miscellaneous Debits to 411.3 Investment tax credit adjustments. or deficiencies shall not be included in Surplus,” to “428, Amortization of Debt 411.4 Investment tax credit adjustments, this account but in account 419, Interest Discount and Expense, or account 429, utility operations. and Dividends Income, or 431, Other In­ Amortization of Premium on Debt-Cr.” Total Utility Operating Expenses. terest Expense, as appropriate.” In Account 236, Taxes accrued, in par­ Other Operating Income. Add new subaccounts as follows: agraph B eliminate from last sentence all 412 Revenues from gas plant leased to others. 408.1 Taxes other than income taxes, after the word “expenses” and substitute 413 Expenses of gas plant leased to utility operating income. therefor “see general instruction 7.1.” others. This account shall include those taxes In Account 265, Miscellaneous operat­ 414 Other utility operatig income. ing reserves, in Note, lines 5 and 6 change Net utility operating income. recorded in account 408, Taxes Other “Earned Than Income Taxes, which relate to Surplus” to “Retained Earn­ 2. Oth e r I ncom e and Deductions ings.” utility operating income. This account Ip Account 271, Contributions in aid of a. other in c o m e shall be maintained so as to allow ready construction in paragraph B, line 2 415 Revenues from merchandising, job­ identification of taxes relating to Utility delete “earned surplus or to.” In Note bing, and contract work. Operating Income (by department), B, under “Accumulated Deferred Income 416 Cost and expenses of merchandising, Utility Plant Leased to Others and Other Taxes” section line 4 add “and non­ jobbing and contract work. Utility Operating Income. utility property” following “etc.,” and 417 Revenues from nonutility operations. 417.1 Expenses of nonutility operations. 408.2 Taxes other than income taxes, before “and.” in line 7 delete all after 418 Nonoperating rental income. other incom e and deductions. the word “below” and substitute the fol­ 419 Interest and dividend income. This account shall include those taxes lowing therefore: “so as to allow ready 421 Miscellaneous nonoperating income. recorded in account 408, Taxes Other identification of items relating to each 421.1 Gain on disposition of property. utility department and to Other Income Total other income. Than Income Taxes, which relate to and Deductions.” Other Income and Deductions. In Account 281, Accumulated deferred B. OTHER INCOME DEDUCTIONS In Account 409, Income taxes, in para­ income taxes—Accelerated amortization, 421.2 Loss on disposition of property. graph A, line 2, insert word “income” be­ in paragraph E, line 5 change “surplus” 425 Miscellaneous amortization. tween words “Federal” and “taxes.” and 426 Miscellaneous income deductions. delete: All after the word “adjusted” on to “retained earnings.” 426.1 Donations. In Account 282, Accumulated deferred 426.2 Life insurance. line 10 and substitute the following income taxes—Liberalized depreciation, 426.3 Penalties. therefor, “by a charge or credit to this in paragraph E, line 5 change "surplus” 426.4 Expenditures for certain civic, po­ account, unless such adjustment is prop­ to “retained earnings.” litical and related activities. erly includible in account 439, Adjust­ In Account 283, Accumulated deferred 426.5 Other deductions. ments to Retained Earnings, so that this income taxes—Other, in paragraph D, Total other income deductions. account as nearly as can be ascertained line 5 change “surplus” to “retained Total Other Income and Deduc­ shall include the actual taxes payable earnings.” tions. by the utility (see general instruction In Gas Plant Accounts in Account 302, C. TAXES APPLICABLE TO OTHER INCOME AND 7.1 for prior period adjustments). In Franchises and consents, in paragraph DEDUCTIONS paragraph B—Delete and substitute B, line 11 and 12 and in paragraph C, 408.2 Taxes other than income taxes, other therefor “B. The accruals for income line 3 and 4 change “435, Miscellaneous income and deductions. taxes shall be apportioned among utility Debits to Surplus” “426.5, Other De­ 409.2 Income taxes, other income and departments and to Other Income and ductions.” deductions. Deductions so that, as nearly as practi­ 410.2 Provision for deferred income taxes, cable, each tax shall be included in the . In Account 303, Miscellaneous intang- other income and deductions. expenses of the utility department or tble plant, in paragraph B, lines 4 and 5 411.2 Income taxes deferred in prior years- change “435, Miscellaneous Debits to Cr., other income and deductions. Other Income and Deductions, the in­ Surplus” to “426.5, Other Deductions.” 411.5 Investment tax credit adjustments, come from which gave rise to the tax. nonutility operations. The income tax effect of amounts re­ Print entire new chart of Income Ac­ 420 Investment tax credits. corded in account 439, Adjustments to counts as follows: Total taxes on other income and Retained Earnings shall be recorded In deductions. that account. The tax effects relating to Income Accounts Net other income and deductions. 1. U t i l i t y O p e r a t i n g I n c o m e Interest Charges shall be allocated be­ 3. I nterest C harges tween utility and nonutility operations. 400 Operating revenue». The basis for this allocation shall be the Operating expenses: 427 Interest on long-term debt. "h Operating expense. 428 Amortization of debt discount and ratio of net investment in utility plant to Maintenance expense. expense. net investment in nonutility plant. Add Depreciation expense. 429 Amortization of premium on debt— new paragraph C: C. Tins account shall Amortization and depletion of pro­ Cr. be maintained according to the sub­ ducing natural gas land and land 430 Interest on debt to associated com­ accounts 409.1, 409.2 and 409.3 inclusive, . rights. panies. shown below. In Notes: Delete B, C, and ■ Amortization of underground storage 431 Other interest expense. D, change E to B. land and land rights. Total interest charges. 13 Amortization of other limited-term 432 Interest charged to construction—Cr. Add new subaccounts as follows: Income before extraordinary items. 40s a gas Plant- 409.1 Income taxes, utility operating Amortization of other gas plant. 4. E xtraordinary I te m s income. Amortization of gas plant acquisition 4071 a ^jushnents. 434 Extraordinary income. This account shall include the amount 407.2 "morrization of property losses. 435 Extraordinary deductions. of those State and Federal income taxes 408 "^^rdzatlon of conversion expense. 409.3 Income taxes, extraordinary items. reflected in account 409, Income Taxes Taxes other than Income taxes. Net income. which relate to utility operating income.

FEDERAL REGISTER, VOL. 34, NOi 208— WEDNESDAY, OCTOBER 29, 1969 17442 RULES AND REGULATIONS This account shall be maintained so as 411.4 Investment lax credit adjustments, remaining paragraphs. In new para- \ to allow ready identification of tax ef­ utility operations. graph C, line 2, Delete word “including” | fects (both positive and negative) relat­ This account shall include the amount and substitute word “excluding” there- j ing to Utility Operating Income (by de­ of those investment tax credit adjust­ for. In notes—add note A: “A. Related partments) , Utility Plant leased to ments reflected in account 411.3, Invest­ operating taxes shall be recorded in ac­ Others and Other Utility Operating ment Tax Credit Adjustments related to count 408, Taxes Other Than Income ; Income. Taxes and income taxes shall be re- ■ property used in Utility Operations (by corded in account 409, Income Taxes.” 409.2 Income taxes, other income and department). Designate present note as B. deductions. 411.5 Investment Jax credit adjustments, In Account 421, Miscellaneous nonop­ This account shall include the amount nonutility operations. erating income, in line 2, add after the of those State and Federal income taxes This account shall include the amount word “items”: “, except taxes,.” Add reflected in account 409, Income Taxes of those investment tax credit adjust­ final sentence to paragraph as follows: (both positive and negative) which re­ ments reflected in account 411.3, Invest­ “Related operating taxes shall be re­ late to Other Income and Deductions. ment Tax Credit Adjustments related to corded in account 408, Taxes Other Than 409.3 Income taxes, extraordinary items. property used in Nonutility Operations. Income Taxes and income taxes shall In Account 412, Revenues from gas be recorded in account 409, Income j This account shall include the reflected plant leased to others and Account 413, Taxes.” Add the following additional amount of those State and Federal in­ Expenses of gas plant leased to others, in item: 3. Gain on disposition of. invest­ come taxes in account 409, Income Taxes paragraph B—delete items: “Rents. ments and reacquisition and resale or ] (both positive and negative) which re­ Taxes other than income taxes. Income retirement of utility’s debt securities and late to Extraordinary Items. taxes.” Add note: “Related operating investments. In Account 410, Provision for deferred taxes shall be recorded in account 408, Add the following new accounts: income taxes, designate first paragraph Taxes Other Than Income Taxes and 421.1 Gain on disposition of property. as “A,” add additional paragraph B: income taxes shall be recorded in account “B. T h is account shall be maintained ac­ 409, Income Taxes, identified separately.” This account shall be credited with ! cording to the subaccounts 410.1 and In Account 414, Other utility operating the gain on the sale, conveyance, ex- j 410.2 inclusive, as shown below.” income, in paragraph B—line 3: delete change or transfer of utility or other ■ Add new subaccounts as follows: word “taxes.” Add note: “Related operat­ property to another. (See gas plant in­ 410.1 Provisions for deferred income ing taxes shall be recorded in account structions 5F, 7E, and 10E.) Record \ 408, Taxes Other Than Income Taxes income taxes on gains recorded in this taxes, utility operating income. account in account 409, Income Taxes. This account shall include the amount and income taxes shall be recorded in of those deferred income taxes reflected account 409, Income Taxes, identified 421.2 Loss on disposition of property, j in account 410, Provision for Deferred separately.” In left column: Change sec­ This account shall be charged with Income Taxes which relate to Utility tion heading “2. Other Income” to “2. the loss on the sale, conveyance, ex­ Operating Income (by department). Other Income and Deductions.” change or transfer of utility or other In Account 415, Reveriues from mer­ property to another. (See gas plant in­ 410.2 Provisions for deferred income chandising, jobbing and contract work, structions 5F, 7E, and 10E.) Record the j taxes, other income and deductions. and Account 416, Costs and expenses of reductions in income taxes attributable j This account shall include the amount merchandising, jobbing and contract to losses recorded in this account in j of those deferred income taxes reflected work. Note—Designate present note as Account 409; Income Taxes. in account 410, Provisions for Deferred “A.” Add additional note: “B. Related Page 70, left column: Delete section j income Taxes which relate to Other In­ operating taxes shall be recorded in heading, “3. Miscellaneous Income De­ come and Deductions. account 408, Taxes Other Than Income ductions.” In Account 411, Income taxes deferred Taxes, and income taxes shall be re­ In Account 425, Miscellaneous amor­ in prim years—Credit, designate first corded in account 409, Income Taxes.” tization, in the last sentence delete paragraph as “A.” Add additional para­ Delete item 24 in list of items, and entire sentence. graph as B: B. This account shall be renumber item 25. In Account 426, Other income deduc- 1 maintained according to the subaccounts In Account 417, Income from nonutility tions, change title of account to “Mis- j 411.1 and 411.2 inclusive, as shown below. operations change account title to “Rev­ cellaneous Income Deductions.” Add the 3 Add new subaccounts as follows: enues from Nonutility Operations.” Add note now found under account 426.5. new account number and title directly In Account 426.5, Other Deductions, 1 411.1 Income taxes deferred in prior under above account number and title. years— Credit, utility operating in­ “417.1, Expenses of Nonutility Opera­ add the following: come. tions.” In paragraph A, line 1: change I tem s This account shall include the amount first two words to read “These accounts.” 1. Loss relating to investments in securi- j of those taxes deferred in prior years— Add note: “Related operating taxes shall ties written-off or written-down. credit, reflected in account 411, Income be recorded in account 408, Taxes Other 2. Loss on sale of investments. ■ Taxes Deferred in Prior Years—Credit Than Income Taxes and income taxes 3. Loss on reacquisition, resale or retire- 1 ment of utility’s debt securities. which relate to Utility Operating Income shall be recorded in account 409, Income 4. Preliminary survey and investigation | (by department). Taxes.” In paragraph B, Delete last two expenses related to abandoned projects, j 411.2 Income taxes deferred in prior items: “Taxes other than income taxes. when not written-off to the appropriate op- 1 years—Credit, other income and Income Taxes.” erating expense account. deductions. In Account 418, Nonoperating rental in­ come, in paragraph A, last line: delete Delete note from account. Following ■ j This account shall include the amount “account 417” and substitute “accounts account 426.5: Change section heading ■ j of those taxes deferred in prior years— number “4” to “3.” Following account I credit, reflected in account 411, Income 417 or 417.1” therefor. In paragraph B, 432: Delete section heading “5. Earned V ( Taxes Deferred in Prior Years—Credit delete last two items: “Taxes Other Surplus.” and substitute the following ■ £ which relate to Other Income and than income taxes. Income Taxes.” Add therefor: 4. Extraordinary Items. De- Deductions. note: “Related operating taxes shall be lete: Accounts 433, Balance Transferred 1 In Account 411.1, Investment tax credit recorded in account 408, Taxes Other From Income; 434, Miscellaneous Cred- I adjustments, change account number Than Income Taxes and income taxes its to Surplus; 435, Miscellaneous Debits 1 from 411.1 to 411.3. Add additional para­ graph D: D. This account shall be main­ shall be recorded in account 409, In­ to Surplus; 436, Appropriations of Sur- ■ 4 tained according to the subaccounts come Taxes.” plus; 437, Dividends Declared-Preferred 1 411.4 and 411.5 inclusive, as shown below. In Account 419, Interest and dividend Stock; and 438, Dividends Declared- ■ d Add new subaccounts as follows: income, delete paragraph B and reletter Common Stock. B ii

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17443 Add the following new accounts: common capital stock issued by the Taxes, and income taxes shall be re­ utility. corded in account 409, Income Taxes.” 434 Extraordinary income. B. Dividends shall be segregated for In items: delete Item 23 in list of items, This account shall be credited with each class of common stock as to those and renumber item 24, accordingly. nontypical, noncustomary, infrequently payable in cash, stock and other forms. [F.R. Doc. 69-12870; Filed, Oct. 28, 1969; recurring gains, which would signifi­ If not payable in cash, the medium of 8:46 a.m.] cantly distort the current year’s income payment shall be described with sufficient computed before Extraordinary Items, if detail to identify it. reported other than as extraordinary items. The applicable income tax effects 439 Adjustments to retained earnings. Title 47— TELECOMMUNICATION of this account shall be recorded in ac­ A. This account shall include signifi­ count 409, Income Taxes, identified sep­ cant nonrecurring transactions relating Chapter I— Federal Communications arately. (See general instruction 7.) to prior periods. Other than transactions Commission of capital stock as specified in paragraph [Docket No. 18424, FCC 69-1163] 435 Extraordinary deductions. B below, all entries to this account must This account shall be debited with receive prior Commission approval. These PART 73— RADIO BROADCAST nontypical, noncustomary, infrequently transactions are limited to those adjust­ SERVICES recurring losses, which would signifi­ ments which (a) can be specifically iden­ cantly distort the current year’s income tified with and related to the business Table of Assignments, FM computed before Extraordinary Items, if activities of particular prior periods, and Broadcast Stations reported other than as extraordinary (b) are not attributable to economic In the matter of amendment of § 73.- items. The applicable income tax effects events occurring subsequent to the date 202, Table of Assignments, FM Broadcast of this account shall be recorded in of the financial statements for the prior Stations (Albion, Battle Creek, Fremont, account 409, Income Taxes, identified period, and (c) depend primarily on and Zeeland, Mich.); RM-1358. separately. (See general instruction 7.) determinations by persons other than Report and Order. 1. The Commission Retained Earnings Accounts. Follow­ the management, and (d) were not sus­ has before it for consideration its notice ing new account 435: add complete new ceptible of reasonable estimation prior of proposed rule making (FCC 69-47, 34 section, “Retained Earnings Accounts” to such determination. This account F.R. 1176) released in this proceeding on following the Income Accounts. This new shall also include the related income tax January 21, 1969, in which comments section will contain a contents sheet and effects (State and Federal) on items in­ were invited on the proposal to assign a accounts as follows: cluded herein. All items included in this second FM assignment to Battle Creek, Retained Earnings Accounts account shall be sufficiently described in Mich., in response to a petition filed by 216 Unappropriated retained earnings (at the entries relating thereto as to permit Don F. Price, Battle Creek. beginning of period). ready analysis. 2. Battle Creek had a 1960 Census pop­ 433 Balance transferred from income. B. Adjustments, charges, or credits due ulation of 44,169 persons and Calhoun 436 Appropriations of retained earnings. to losses on reacquisition, resale or re­ County, of which it is the largest city, 437 Dividends declared—preferred stock. tirement of the company’s own capital had a population of 138,858. The city 438 Dividends declared—common stock. stock shall be included in this account. presently has four aural outlets, con­ 439 Adjustments to retained earnings. (See account 210, Gain on Resale or Can­ sisting of one Class B FM station, one 216 Unappropriated retained earnings (at cellation of Reacquired Capital Stock, end of period). daytime-only AM and two unlimited­ for the treatment of gains.) time AM stations. There are two addi­ 433 Balance transferred from income. I t e m s tional Class A assignments within the This account shall include the net .1. Significant nonrecurring adjustments or county listed in the Table for Albion, one credit or debit transferred from income settlements of income taxes. of which, Channel 285A, is unoccupied, for the year. 2. Significant amounts resulting from and the other, Channel 244A, is author­ litigation or similar claims. ized for use at Marshall. 436 Appropriations o f retained earn­ 3. Significant amounts relating to adjust­ 3. In support of its request for a sec­ ings. ments or settlements of utility revenue under ond FM assignment in Battle Creek, peti­ This account shall include appropria­ rate processes. tioner states that the projected 1970 pop­ tions of retained earnings. 4. Significant adjustments to plant in serv­ ulation for the city is 48,153; that the ice depreciaton and amortization as a result intermixture of Class A and B channels It e m s of Commission direction. 5. Write-off unamortized capital stock under the prevailing circumstances (no 1. Appropriations required under terms of expenses. Class B appears available) is warranted mortgages, orders of courts, contracts, or and not without precedent; and repre­ other agreements. In Operation and Maintenance Ex­ sents that either he or the entity of 2. Appropriations required by action of pense Accounts, in Account 808, Gas WVOC, Inc., will file an application for regulatory authorities. 'Withdrawn from underground storage— 3. Other appropriations made at option of the channel if the proposal is adopted. utility for specific purposes. Debit, in note, lines 7 and 8 delete that WVOC, Inc., is the licensee of WVOC part of last sentence reading, “435, Mis­ (AM), daytime-only, at Battle Creek. 437 Dividends declared— preferred cellaneous Debits to Surplus” and sub­ stock. 4. The petitioner’s proposed plan, and stitute therefor “439, Adjustments to that contained in the notice for this pro­ A. This account shall include amounts Retained Earnings.” In line 9 detele, “7, ceeding, would assign Channel 285A to declared payable out of retained earn­ Delayed Items” and substitute therefor Battle Creek by deleting that channel ings as dividends on actually outstand­ “7.1, Prior Period Items.” from Albion and make concomitant ing preferred or prior lien capital stock In Account 823, Gas losses, in line 11 changes in a number of other unoccupied issued by the utility. and 12 delete “435, Miscellaneous Debits assignments in the area to accommodate B. Dividends shall be segregated for to Surplus” substitute therefor “439, Ad­ the assignment at Battle Creek. Even each class and series of preferred stock justments to Retained Earnings.” In line with the changes proposed, a site for 13 delete “7, Delayed Items” substitute Channel 285A would require a site north­ as those payable in cash, stock and therefor “7.1, Prior Period Items.” other forms. If not payable in cash, the east of that city. Since the overall In Account 914, Revenues from mer­ changes proposed were described in de­ medium of payment shall be described chandising, jobbing, and contract work, tail in the notice, they will not need to with sufficient detail to identify it. and Account 915, Cost and expenses of be repeated here. 438 Dividends declared— common stock. merchandising, jobbing, and contract 5. The proposed plan was strongly op­ work, in Note: designate present note as posed by Triad Stations, Inc., permittee A. This account shall include amounts “A.” Add additional note: “B. Related of Station WALM-FM, Channel 244A, eclared payable out of retained eara- operating taxes shall be recorded in ac­ Marshall. Triad’s principal objection is mgs as dividends on actually outstanding count 488, Taxes Other Than Income based on the fact that the deletion of

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17444 RULES AND REGULATIONS Channel 285A from Albion (without re­ for the opposition’s objection. We are of Durand, Wis. (Radio Station WRDN) ; placement) would deprive it of an op­ the opinion that it would serve the public RM-1467. Grayling, Mich. (Robert D. portunity to file an application to modify interest to finalize the assignment at this Ditmer) ; RM-1468. Canton, Mo. (Fran­ the construction permit for Station time. Accordingly, we are assigning cis L. Hollon). WALM-FM to specify Channel 285A in Channel 237A to Battle Creek. In the above nine cases interested parties lieu of the presently authorized Channel 8. In view of the foregoing, It is or- seek the assignment of a first Class A 244A. The opposition points out that dieted, That effective December 1, 1969, channel in a community without requir­ Channel 244A now specified for WALM- the FM Table of Assignments, is ing any other changes in the table. The FM must be located some 6 miles south amended to read, insofar as the com­ communities range in size from 2,015 per­ of Marshall to meet minimum mileage munity named is concerned, as follows: sons for Grayling, Mich., to 6,357 persons requirements, whereas Channel 285A City for Waverly, Iowa. The following com­ could be used at or near Marshall, from Michigan: Channel No. munities each has one daytime-only AM which location the community and its - Battle Creek-_____ 237A, 277 station: Atlanta, Tex.; La Grange, Tex.; environs would be better served.1 9. Authority for the adoption of the Waverly, Iowa; Tomahawk, Wis.; and 6. We conclude, after careful consid­ amendments contained herein is con­ Durand, Wis. The remaining commu­ eration of the showings of need in this tained in sections '4(1), 303 and 307(b) nities have no local AM service. None of case, that Battle Creek warrants a sec­ of the Communications Act of 1934, as the communities are a part of an ond FM assignment. We are reluctant amended. urbanized area (1960 Census) and each to adopt petitioner’s plan, however, since 10. It is further ordered, That this appears to warrant the proposed assign­ it would necessarily delete the last re­ proceeding is terminated. ment. We are of the view that adoption maining channel (for which a replace­ of each proposal would serve the public ment does not appear available) from the (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082,1083; 47 U.S.C. 154, 303, 307) interest and are therefore making the relatively sizeable community of Albion, following additions to the FM Table of population 12,749. We therefore con­ Adopted: October 22,1969. Assignments: ducted a study of the availability of an­ other channel for Battle Creek. It ap­ Released: October 24,1969. City Channel No. Atlanta, Tex______257A pears that Channel 237A could be F ederal Communications La Grange, Tex ______285A dropped into Battle Creek without re­ Commission,® Lake Village, Ark______240A quiring any other changes in the Table [seal] B en F. W aple, Waverly, Iowa____ ...... 257A and in full conformity with the minimum Secretary. Tomahawk, Wis______261A mileage requirements, providing careful [FJR. Doc. 69-12897; Filed, Oct. 28, 1969; Avon Park, Fla______292A attention is given to the selection of a 8:48 a.m.) Durand, Wis______1 240A transmitter site within a narrow strip Grayling, Mich______261A that runs generally northwest to south­ Canton, Mo______272A west through the city.* The site area, [Docket No. 18649, FCC 69-1164] 1A site about 3.5 miles south of Durand though limited, appears to be less re­ PART 73— RADIO BROADCAST would be required in order to meet the stricted than would be the case for peti­ minimum spacing requirements of the rules tioner’s proposed Channel 285A. The pre­ SERVICES for Channel 240A. clusion considerations are favorable, as Table of Assignments, FM 3. RM-1459. Willow Springs, Mo. On only Channel 237A would be involved, Broadcast Stations May 21, 1969, Stereo Broadcasting, Inc., which does not contain any community licensee of Station KTXR(FM) | Spring- of 2,000 or more population that does not In the matter of amendment of § 73.- field, Mo., filed a petition requesting the presently have an assignment. The net 202, Table of Assignments, FM Broadcast substitution of Channel 261A for 265A at preclusion impact for Channel 237A Stations. (Atlanta, Tex.; La Grange, Willow Springs, Mo. The purpose of the would also be less than that for 285A at Tex.; Lake Village, Ark.; Waverly, Iowa; proposal is to avoid a short spacing be­ Battle Creek. Tomahawk, Wis.; Avon Park, Fla.; tween a proposed new site for KTXR 7. Assignment of Channel 237A would Durand, Wis.; Grayling, Mich.; Canton, (FM) on Channel 268 and the adjacent merely be a substitute for that proposed Mo.; Willow Springs, Mo.; Weslaco, Tex.; channel assignment at Willow Springs. in the notice, but without the undesirable and Laredo, Tex.); RM-1437, RM-1440, No application is pending for Channel feature of requiring a deletion of a chan­ RM—1445, RM-1446, RM-1447, RM-1448, 265A at Willow Springs. Stereo submits nel and changes in other existing as­ RM-1459, RM-1461, RM-1467, RM-1468. that it proposes to move the KTXR site signments. It would fulfill petitioner’s Report and Order. 1. The Commission to the site of KMTC(TV), Springfield, in has under consideration its notice of pro­ order to increase power and antenna objective of a Class A channel at Battle posed rule making issued on August 28, height so as to provide an improved Creek and eliminate the principal basis 1969 (FCC 69-939, 34 F.R. 14000), invit­ service area. Channel 261A can be as­ ing comments on a number of changes signed to Willow Springs in conformance 1 The assignment of Channel 244A to Al­ in the FM Table of Assignments as ad­ with all the separation rules and without bion as its second FM resulted from an earlier vanced by various interested parties. All adversely affecting any other station or rule making proceeding (Docket 15970, RM- comments and data filed in response to assignment. There were no comments 719, FCC 65-541), instituted primarily to re­ the notice were considered in making the filed in opposition to the proposal. We are solve a hearing case involving two mutually following determinations. There were no therefore of the opinion that substitu­ exclusive applications requesting use of opposing comments filed. Except as tion of Channel 261A for 265A at Willow Channel 285A (listed for Albion) at Mar­ noted, the population figures were taken shall. One of the applicants was Triad. Sub­ Springs, Mo., is warranted and the pro­ sequent to the rule making, Triad amended from the 1960 U.S. Census. The following posal is being adopted. its application to 244A and then both appli­ decision disposes of all subject petitions. 4. Weslaco, Tex. and Laredo, Tex. In cations were granted for new stations at 2. RM-1437. Atlanta, Tex. (Ark-La-addition to the changes proposed by in­ Marshall on the two Albion assignments Tex Broadcasting Co.); RM-1440. La terested parties, the Commission pro­ (Channels 244A and 285A) under provisions Grange, Tex. (Lloyd E. Klobe, doing busi­ posed on its own motion changes in Wes­ of the “25 mile” rule then in existence. ness as Radio Station KVLG); RM-1445. laco and Laredo, Tex. Assignments were Neither station was constructed. The con­ Lake Village, Ark. (Gene R. Sm ith); RM- inadvertently made short spaced be­ struction permit for Channel 285A was for­ 1446. Waverly, Iowa (Cedar Valley feited in May 1968, the channel thereby au­ tween McAllen, Tex. (Channel 245) ana tomatically returning to Albion. Triad still Broadcasting Co.); RM-1447. Toma­ Weslaco (Channel 247). We proposed to holds a construction permit for Channel 244A hawk, Wis. (Tomahawk Broadcasting substitute Channel 290 for 247 at Wes­ at Albion, and an application for extension of Co.); RM-1448. Avon Park, Fla. (Avon laco. Substitution of Channel 286 for 28» the construction permit expiration date is Electronic Services, Inc.); RM-1461. at Laredo, Tex., is necessary to accom­ being held without action pending the out­ modate the proposed change at Weslaco^ come of this proceeding. •By the Commission: Commissioner Cox None of the channels involved are oc­ 3 The area described would include the not participating. cupied and no application is pending f°r transmitter site of WVOC (AM).

FEDERAL REGISTER, VOL. 34, NO. 208—-WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17445 their use. There were no comments filed Released: October 24, 1969. Hunting shall be in accordance with all on these changes. Therefore, the follow­ F ederal Communications applicable State and Federal regula­ ing changes are being made in the Table: Commission,3 tions governing the hunting of upland [seal! ^ B en F. Waple, game subject to the following special conditions: Channel No. Secretary. C ity ------Little White River Recreation Area Present Proposed [F.R. Doc. 69-12898; Piled, Oct. 28, 1969; 8:48 a.m.] (a) Species permitted to be taken: Weslaco, Tex...... 247,258 258,290 Pheasants and grouse (sharp-tailed and Laredo, Téx...... 224A, 264,289 224A, 264,286 pinnated) during the seasons specified Title 50— WILDLIFE AND below. The hunting of other upland 5. Authority for the adoption of the species, as may be authorized by South Dakota State regulations, is prohibited. amendments contained herein is con­ FISHERIES (b) Open season: Grouse—from sun­ tained in sections 4(i), 303, and 307(b) Chapter I— Bureau of Sport Fisheries rise to sunset each day from September of the Communications Act of 1934, as and Wildlife, Fish and Wildlife 27 through November 30, 1969; Pheas­ amended. Service, Department of the Interior ants from noon to sunset (c.s.t.) daily 6. In view of the foregoing, It is or­ from October 18 through November 16, dered, That effective December 1, 1969, PART 32— HUNTING 1969. § 73.202 of the Commission’s rules, the Lacreek National Wildlife Refuge, Habitat Unit 10 FM Table of Assignments, Is amended S. Dak. (a) Species permitted to be taken: to read, with respect to the communities Pheasants during the season specified The following special regulation is below. The hunting of other upland listed below, as follows: issued and is effective on date of publi­ species, as may be authorized by South City Channel No. cation in the F ederal R egister. Dakota State regulations, is prohibited. Arkansas: Lake Village______240A § 32.22 Special regulations; upland (b) Open season: Pheasant—from Florida: Avon Park______292A game; for individual wildlife refuge noon to sunset (c.s.t.) daily from Octo­ Iowa: Waverly______267A areas. ber 29 through November 9, 1969. Michigan: Grayling______201A S outh D akota (c) Hunting will be allowed by special Missouri: permit only. Hunting permits will be is­ Canton______:______272A LACREEK NATIONAL WILDLIFE REFUGE sued at designated entrances to the hunt­ Willow Springs______261A ing area. Texas: Public hunting of upland game on the Atlanta______257A Lacreek National Wildlife Refuge, S. The provisions of this special regula­ La Grange______285A Dak., is permitted only on the areas tion supplement the regulations which Laredo------224A.264.286 designated by signs as open to hunting. govern hunting on wildlife refuge areas Weslaco______258,290 The two open areas; Little White River generally which are set forth in Title 50, Wisconsin: Recreation Area (310 acres) and Habitat Code of Federal Regulations, Part 32, and Durand______240A Unit 10 (1,100 acres) are delineated on a are effective through November 30, 1969. Tomahawk______261A map available at the refuge headquar­ Alfred L. R adtke, Jr., 1. It is further ordered, That this pro­ters, Martin, S. Dak. 57551, and from the Acting Refuge Manager, La­ ceeding is terminated. Regional Director, Bureau of Sport creek National Wildlife Ref­ Fisheries and Wildlife, Federal Building, uge, Martin, S. Dak. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, Fort Snelling, Twin Cities, Minn. 55111. 1082,1083; 47 U.S.0.154, 303, 307) August 28, 1969. 2By the Commission: Commissioner Cox [F.R. Doc. 69-12872; Filed, Oct. 28, 1969; Adopted: October 22,1969. not participating. 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29. 1969 17446 Proposed Rule Making

Part 81 of Title 42, Code of Federal Dated: October 21, 1968. DEPARTMENT OF AGRICULTURE Regulations. It is proposed to make such J ohn T. Middleton, designation effective upon republication. Consumer and Marketing Service Commissioner, national Air Interested persons may submit writ­ Pollution Control Administration. [ 7 CFR Part 1134 ] ten data, views, or arguments in tripli­ cate to the Office of the Commissioner, [F.R. Doc. 69-12767; Filed, Oct. 28, 1969; [Docket No. AO-301-A10] National Air Pollution Control Adminis­ 8:45 a.m.] MILK IN WESTERN COLORADO tration, Ballston Center Tower H, Room 905, 801 North Randolph Street, Arling­ MARKETING AREA ton, Va. 22203. All relevant material re­ Notice of Rescheduled Hearing on ceived not later than 30 days after DEPARTMENT OF Proposed Amendments to Tentative the publication of this notice will be considered. TRANSPORTATION Marketing Agreement and Order Interested authorities of the State of Pursuant to the provisions of, the Texas and appropriate local authorities, Coast Guard Agricultural Marketing Agreement Act both within and without the proposed of 1937, as amended (7 U.S.C. 601 et seq.), region, who are affected by or interested [4 6 CFR Part 1461 and the applicable rules of practice and in the proposed designation, are hereby [CGFR 69-106] procedure governing the formulation of given notice of an opportunity to con­ REPORTS OF HAZARDOUS marketing agreements and marketing sult with representatives of the Secre­ orders (7 CFR Part 900), notice was is­ tary concerning such designation. Such MATERIALS INCIDENTS sued October 15, 1969 (34 F.R. 17070), consultation will take place at 10 a.m., Proposed Rule Making and Public giving notice of a public hearing to be November 12, 1969, in the Auditorium, Hearing held at the Holiday Inn, Interstate 70 Fort Worth Department of Health, 1800 and Horizon Dçive, Grand Junction, University Drive, Fort Worth, Tex. The Commandant, U.S. Coast Guard is Colo., beginning at 9:30 a.m. local time, Mr. Doyle J. Borchers is hereby desig­ considering a proposal to amend Part on November 3,1969, with respect to pro­ nated as Chairman for the consultation. 146 of Title 46 of the Code of Federal posed amendments to the tentative mar­ The Chairman shall fix the time, date, Regulations to include a requirement for keting agreement and to the order -regu­ and place of later sessions and may con­ the immediate reporting of serious inci­ lating the handling of milk in the vene, reconvene, recess, and adjourn the dents involving hazardous materials, as Western Colorado marketing area. sessions as he deems appropriate to ex­ well as a requirement for reporting cer­ Notice is hereby given that the said pedite proceedings. tain information concerning all hazard­ public hearing is rescheduled to be held State and local authorities wishing to ous materials incidents whether or not on December 16, 1969. The location of participate in the consultation should an immediate notification is required. the hearing and its scheduled time are notify the Office of the Commissioner, By a separate document published at not changed. National Air Pollution Control Adminis­ page 17450 of this issue of the F ederal Signed at Washington, D.C., on Octo­ tration, Ballston Center Tower H, Room R egister, the Hazardous Materials Regu­ ber 23, 1969. 905, 801 North Randolph Street, Arling­ lations Board of the Department of J ohn C. B lum, ton, Va. 22203, of such intention at least Transportation announced proposed Deputy Administrator, 1 week prior to the consultation. A report amendments to Part 171, Title 49 of the Regulatory Programs. .prepared for the consultation is avail­ Code of Federal Regulations. The amend­ able upon request to the Office of the ments proposed in that document relate [F.R. Doc. 69-12866; Piled, Oct. 28, 1969; primarily to incidents involving rail or 8:46 a.m.] Commissioner. In Part 81 a new § 81.39 is proposed to highway transportation. For reasons fully be added to read as follows: stated in that document, the need for the same reporting requirements exists with § 81.39 Metropolitan Dallas-Fort Worth respect to transportation by water. Ac­ DEPARTMENT OF HEALTH, EDU­ Intrastate Air Quality Control cordingly, it is here proposed to apply es­ Region. sentially the same reporting require­ CATION, AND WELFARE The Metropolitan Dallas-Forth Worth ments announced in that document to Intrastate Air Quality Control Region Public Health Service transportation by water. (Texas) consists of the territorial area Interested persons are invited to sub­ [ 42 CFR Part 81 1 encompassed by the boundaries of the mit written data, views, arguments or following jurisdictions or described area METROPOLITAN DALLAS-FORT comments regarding this proposal to the (including the territorial area of all Commandant (CMC), U.S. Coast Guard, WORTH INTRASTATE AIR QUALITY municipalities (as defined in section Washington, D.C. 20591. Communications CONTROL REGION 302(f) of the d ea n Air Act, 42 U.S.C. received on or before January 12, 1969. 1857h(f)) geographically located within will be considered before final action is Notice of Proposed Designation and the outermost boundaries of the area so taken on the proposal. Communications of Consultation With Appropriate delimited): should be submitted in triplicate and State and Local Authorities In the State of Texas: identify the section number to which it Collin County. Kaufman County. is directed; the specific wording recom­ Pursuant to authority delegated by the Dallas County. Parker County. Secretary and redelegated to the Com­ mended; the reason for the recommended Denton County. Rockwall County. of missioner of the National Air Pollution Ellis County. Tarrant County . change, and the name and address Control Administration (33 F.R. 9909), Johnson County. Wise County. the firm, if any, making the submission. notice is hereby given of a proposal to In addition to publication in the Fed­ This section is proposed under the eral R egister, copies of this document designate the Metropolitan Dallas-Fort authority of sections 107(a) and 301(a) will be mailed to persons and organiza­ Worth Intrastate Air Quality Control of the d ea n Air Act, section 2, Public tions who have previously requested that Region (Texas) as set forth in the follow­ Law 90-148, 81 Stat. 490, 504, 42 U.S.C. they be furnished with copies of Pr0‘ ing new § 81.39 which would be added to 1857C-2 (a), 1857g(a). posed changes in the regulations. Also,

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 PROPOSED RULE MAKING 17447 copies will be forwarded upon request to vessel, other vessels and the port can be ous materials any of the followings the Commandant (CMC) and will be immediately instituted. For these rea­ occurs: available for examination at that office, sons, it is not intended to amend these (1) A person is killed. as well as the offices of the Coast Guard existing requirements. (2) An injured person needs medical District Commanders. In addition, 46 CPR 136.05-1 and 136.- attention away from the scene of the In addition, the Merchant Marine 05-10 require a report to the nearest incident. Council will hold a public hearing on this marine inspection officer by the owner, (3) Estimated vessel or other property proposal on January 12,1970, at 9:30 a.m. master or person in charge of a vessel damage exceeds $5,000. in the Departmental Auditorium, located that is involved in a marine casualty. (4) A continuing danger to life exists between 12th and 14th Streets on Con­ This requirement has no relationship following the incident. stitution Avenue NW., Washington, D.C. to the cargo carried by the vessel. A re­ (5) The incident is of such a nature The hearing will be an informal one. It portable casualty is one which results that it is estimated that the resumption will not be a judicial or evidentiary type in physical damage to property in of normal operation of the vessel will of hearing and there will be no cross- excess of $1,500, material damage affect­ be prevented for two hours or more. examination of persons presenting state­ ing the seaworthiness or efficiency of the (c) Information required. The follow­ ments. Interested persons are invited to vessel, stranding or grounding, loss of ing information shall be furnished in attend the hearing and present oral or life, or injury causing any person to re­ each report required by this section: written statements on this proposal. main incapacitated for a period in excess (1) Name of reporting person. After all the parties have completed their of 72 hours. These sections are supple­ (2) Name of the vessel and the name initial oral statements, they will be given mented by other sections of the regula­ and address of the owner or agent repre­ an opportunity to make rebuttal state­ tions which deal with specific types of sented by reporter. ments in the same order in which they inspected vessels. See, 46 CPR’35.15-1 (3) Phone number where reporter can make their initial statements. (Tank Vessels); 46 CPR 78.07-1 and be contacted. Each communication received within 78.07- 10 (Passenger Vessels); 46 CPR (4) Date, time, and location of the time specified, whether or not at the 97.07- 1 and 97.07-10 (Cargo and Miscel­ incident. public hearing, will be fully considered laneous Vessels); 46 CPR 167.65-65 (5) The extent of injuries, if any. and evaluated before final action is taken (Public Nautical School Ships); 46 CFR (6) Classification, name, and quantity on this proposal. Copies of all written 185.15-1 (Small Passenger Vessels); 46 of hazardous materials involved, if such communications received will be avail­ CPR 196.07-1 and 196.07-10 (Oceano­ information is available. able for examination in Room 4211, U.S. graphic Vessels). (7) Type of incident and nature of Coast Guard Headquarters, Washington, These reports are required not only to hazardous material involvement and D.C., both before and after the closing initiate an investigation of the casualty whether a continuing danger to life ex­ date for the receipt of comments. The as required by 46 U.S.C. 239, but also to ists on the vessel. proposal contained in this document may permit in appropriate cases an inspec­ (d) Additional report. Each person be changed in the light of the communi­ tion of the vessel to determine its sea­ making a report under this section shall cations received. worthiness. Prompt notification to the also make the report required by This proposal is made under authority responsible local official is vital in view § 146.02-36. of R.S. 4405, as amended, 4417a, as of the limited availability in port of (C) § 146.02-36 would be added to amended, 4462, as amended, 4472, as merchant vessels. For these reasons read as follows: amended, secs. 10-13, 18 Stat. 128, sec. no change in these requirements is § 146.02—36 Detailed hazardous mate­ 6(b)(1), 80 Stat. 937; 46 U.S.C. 375, contemplated. rials incident reports. 391a, 416,170, 33 U.S.C. 361-364, 49 U.S.C. I. It is proposed to amend Subpart 1655(b)(1); 49 CPR 1.4(a)(2). 146.02 as follows: (a) Foreign vessels. The owner, mas­ There are a number of existing report­ (A) In Subpart 146.02, Table of Con­ ter, or agent of any foreign vessel which ing requirements for vessels carrying ex­ tents, §§ 146.02-35, 146.02-36, would be is subject to the provisions of either sec­ plosives or other dangerous articles or added to read as follows: tions 170 or 391a of title 46, United States substances. In the main, these reports Code, engaged in transporting hazard­ sec. ous materials (including the loading, un­ must be made to the appropriate Coast 146.02- 35 Immediate notice of certain haz­ Guard District Commander. 46 CPR ardous materials incidents. loading, or temporary storage), shall re­ 146.02-13(a) requires a report from any 146.02- 38 Detailed hazardous materials in­ port in writing in duplicate on DOT ocean going vessel prior to entering a cident reports. Form ------1 to the Department within port as to the existence on board of a fire 15 days of the date of discovery each (B) § 146.02-35 would be added to incident which occurs on board while the or other hazardous condition. 46 CPR read as follows: 146.02- 14(d), 146.02-15(a), and 146.02- vessel is in the navigable waters of the 15(b) require reports of the presence on § 146.02—35 Immediate notice of cer­ United States in which as a direct result board of a vessel of damaged, leaking tain hazardous materials incidents. of the hazardous materials any of the or insecure containers or the emergency (a) Definitions. “Hazardous mate­ circumstances set forth in § 146.02-35 (b) use of unauthorized containers. 46 CPR rials” means “explosives or other danger­ of this subchapter occurs, or there has 146.02- 16 (a) requires a report as to the ous articles or substances” as well as been an unintentional release of hazard­ presence on board a vessel of explosives ous materials from a package (including “inflammable or combustible liquid a tank). or other dangerous articles under a false cargo in bulk” as used in title 46, United or deceptive descriptive name, marking, States Code, sections 170 and 391a, (b) U.S. vessels. The owner, master, invoice, shipping paper, or other declara­ respectively. or agent of any vessel of the United tion. 46 CPR 146.19-50 (a) requires a re­ (b) Notice required. The owner, mas­ States engaged in transporting hazard­ port if radioactive materials are involved ter or agent of any vessel, domestic or ous materials (including the loading, un­ lnA®re or are damaged in any manner. foreign which is subject to the provisions loading, or temporary storage), shall re­ 33 CPR 124.16(a) requires domestic or of either sections 170 or 391a of title 46, port in writing in duplicate on DOT ioreign vessels regardless of the nature of United States Code, engaged in trans­ F orm ------1 within 15 days of the date n l Cfrg0, if *°vmA to a U.S. port to re­ porting hazardous materials (including of discovery each incident that occurs port the existence on board of a fire or loading, unloading, or temporary stor­ on board, regardless of the location of the ^ y °ther abnormal condition which may age) , shall report to the Department by vessel at the time, in which as a direct jeopardize the vessel’s safety or that of result of the hazardous materials any of other vessels or the harbor. telephone, radiotelephone, or radio mes­ the circumstances set forth in § 146.02- i-Jo* &bove reporting requirements sage at — ------at the earliest 35(b) of this subchapter occurs, or there .te directly to Coast Guard operations practicable moment each incident which has been an unintentional release of haz­ ai. 1proJnPt notification to the appropri- opcurs on board while the vessel is in the ardous materials from a package (includ­ in £Past’ Guard official is necessary navigable waters of the United States ing a tank). der that measures to safeguard the in which as a direct result of the hazard­ 1 Piled as part of the original document.

No. 208—Pt. I ---- g FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17448 PROPOSED RULE MAKING (c) To whom made. Each person mak­ protect aircraft executing the modified proposed amendment. No public hearing ing a report under this section shall make approach procedure and to comply with Is contemplated at this time, but ar­ that report to the Director, Office of the new control zone and transition area rangements for informal conferences Hazardous Materials, Department of criteria. with Federal Aviation Administration Transportation, Washington, D.C. 20590. In consideration of the foregoing, the officials may be made by contacting the (d) Form. Copies of DOT Form _____ 1 Federal Aviation Administration pro­ Regional Air Traffic Division Chief. Any are available without change upon re­ poses to amend Part 71 of the Federal data, views or arguments presented dur­ quest to the above address. Additional Aviation Regulations as hereinafter set ing such conferences must also be sub­ copies in the prescribed format may be forth: mitted in writing in accordance with this reproduced and used if on the same size (1) In § 71.171 (34 F.R. 4557), the fol­ notice in order to become part of the and kind of paper. lowing control zone is amended to read: record for consideration. The proposal contained in this notice may be changed Dated: October 17,1969. B ism a r c k , N. Da k . in the light of comments received. Within a 5%-mile radius of Bismarck T rimble, A public docket will be available for P. E. Municipal Airport (latitude 46°46'40" N., Vice Admiral, U.S. Coast Guard, longitude 100°45'05" W.); and within 2 miles examination by interested persons in the Acting Commandant. each side of the Bismarck ILS localizer south­ Office of the Regional Counsel, Federal [F.R. Doc. 69-12877; Filed, Oct. 28, 1969; east course, extending from the 5% -mile Aviation Administration, Federal Build­ 8:47 am.] radius zone to 1 mile northwest of the OM. ing, 601 East 12th Street, Kansas City, Mo. 64106. 2. In §71.181 (34 F.R. 4637), the fol­ A new public use instrument approach lowing transition area is amended to procedure has been developed for the Federal Aviation Administration read: Lee C. Fine Memorial Airport, Kaiser, B ism a r c k , N. Da k . [ 14 CFR Part 71 ] Mo., using a State-owned radio beacon That airspace extending upward from 700 located on the airport as a navigational [Airspace Docket No. 69-CE-103] feet above the surface within a 17-mile radius aid. Consequently, it is necessary to pro­ of the Bismarck VORTAC; within a 20-mile CONTROL ZONE AND TRANSITION radius of the Bismarck VORTAC, extending vide controlled airspace protection for AREA from the Bismarck VORTAC 152° radial aircraft executing this new approach clockwise to the Bismarck VORTAC 182° procedure by designating a transition Proposed Alteration radial; within 4% miles north and 9% miles area at Kaiser, Mo. The new proce­ south of the Bismarck VORTAC 105° radial, dure will become effective concurrently The Federal Aviation Administration extending from the 17-mile radius area to with the designation of the transition is considering amending Part 71 of the 18y 2 miles east of the VORTAC; and within area. Federal Aviation Regulations so as to 4 % miles southwest and 9% miles northeast alter the control zone and transition area of the Bismarck ILS localizer southeast In consideration of the foregoing, the at Bismarck, N. Dak. course, extending from the 17-mile radius Federal Aviation Administration pro­ Interested persons may participate in area to 18% miles southeast of the OM; and poses to amend Part 71 of the Federal the proposed rule making by submitting that airspace extending upward from 1,200 Aviation Regulations as hereinafter set feet above the surface within a 20-mile radius forth: such written data, views or arguments as of the Bismarck VORTAC, extending from they may desire. Communications should the Bismarck VORTAC 182° radial clockwise In § 71.181 (34 F.R. 4637), the follow­ be submitted in triplicate to the Direc­ to the Bismarck VORTAC 277° radial. ing transition area is added: tor, Central Region, Attention: Chief, Air K aiser, M o. Traffic Division, Federal Aviation Ad­ These amendments are proposed under the authority of section 307(a) of the That airspace extending upward from 700 ministration, Federal Building, 601 East feet above the surface within a 9-mile radius 12th Street, Kansas City, Mo. 64106. All Federal Aviation Act of 1958 (49 U.S.C. 1348), and of section 6(c) of the De­ of Lee C. Fine Memorial Airport (latitude communications received within 45 days 38°05'50" N., longitude 92°32'55" W.)‘, and after publication of this notice in the partment of Transportation Act (49 that airspace extending upward from 1,200 F ederal R egister will be considered be­ U.S.C.1655(c)). feet above the surface within 4% miles north­ fore action is taken on the proposed Issued in Kansas City, Mo., on Octo­ west and 9% miles southeast of (¿he 045° amendment. No public hearing is con­ ber 13, 1969. bearing from Lee C. Fine Memorial Airport, templated at this time, but arrangements extending from the airport to 18% miles D aniel E. B arrow, northeast of the airport; and within 5 miles for informal conferences with Federal Acting Director, Central Region. each side of the 225° bearing from Lee C. Aviation Administration officials may be [F.R. Doc. 69-12861; Filed, Oct. 28, 1969; Pine Memorial Airport, extending from the made by contacting the Regional Air 8:46 a.m.] airport to 12 miles southwest of the airport. Traffic Division Chief. Any data, views or arguments presented during such con­ This amendment is proposed under the ferences must also be submitted in writ­ [ 14 CFR Part 71 ] authority of section 307(a) of the Fed­ ing in accordance with this notice in eral Aviation Act of 1958 (49 U.S.C. 1348) > [Airspace Docket No. 69-CE-102] order to become part of the record for and of section 6(c) of the Department of consideration. The proposal contained Transportation Act (49 U.S.C. 1655(c)). in this notice may be changed in the TRANSITION AREA light of comments received. Proposed Designation Issued in Kansas City, Mo., on October 13, 1969. A public docket will be available for The Federal Aviation Administration examination by interested persons in the D aniel E. B arrow, is considering amending Part 71 of the Acting Director, Central Region. Office of the Regional Counsel, Federal Federal Aviation Regulations so as to Aviation Administration, Federal Build­ designate a transition area at Kaiser, Mo. [F.R. Doc. 69-12862; Filed, Oct. 28, 1969; ing, 601 East 12th Street, Kansas City, 8:46 a.m.] Mo. 64106. Interested persons may participate in Since designation of the Bismarck, the proposed rule making by submitting such written data, views or arguments [ 14 CFR Parts 91, 105 1 N. Dak., control zone and transition as they may desire. Communications area, the VOR and ILS instrument ap­ [ Docket No. 9937; Notice 69-47 J proach procedures have been modified. should be submitted in triplicate to the Director, Central Region, Attention: PARACHUTE JUMPING In addition, the criteria for designation Chief, Air Traffic Division, Federal Avia­ of control zones and transition areas Proposed Altimeter Settings and have been changed. Accordingly, it is tion Administration, Federal Building, 601 East 12th Street, Kansas City, Mo. Weather Minimums necessary to alter the Bismarck control 64106. All communications received zone and transition area to adequately within 45 days after publication of this The Federal Aviation Administration notice in the F ederal R egister will be is considering amending Parts 91 and 105 1 Filed as part of the original document. considered before action is taken on the of the Federal Aviation Regulations to

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 PROPOSED RULE MAKING 17449 allow altimeters on aircraft carrying par­ minimums for aircraft operating at alti­ (49 U.S.C. 1348, 1354, 1421) and section achute jumpers to be set at zero altitude tudes 1,200 feet or move above the sur­ 6(c) of the Department of Transporta­ prior to takeoff, when the airport of face and at or above 10,000 feet mean tion Act (49 U.S.C. 1655(0 ). takeoff and the jump zone are at the sea level (MSL). In order to keep weather same location. In addition, Part 105 minimums for parachute jumping con­ Issued in Washington, D C., on Octo­ would also be amended to bring the clear­ sistent with VFR weather m inimums, it ber 23, 1969. ance from clouds requirements and flight is proposed to revise section 105.29 to J ames F. R udolph, visibility minimums of Part 105 in line reflect these changes in VFR weather Director, Flight Standards Service. with the basic VFR weather minimums minimums and to delete § 105.31. [P.R. Doc. 69-12863; Piled, Oct. 28, 1969; of Part 91. In consideration of the foregoing, it is 8:46 a.m.] Interested persons are invited to par­ proposed to amend Parts 91 and 105 of ticipate in the making of the proposed the Federal Aviation Regulations as rule by submitting such written data, follows: Hazardous Materials Regulations views, or arguments as they may desire. 1. By adding a flush paragraph at the Board Communications should identify the reg­ end of paragraph (a) of § 91.81 to read [ 14 CFR Part 103 1 ulatory docket or notice number and be as follows: submitted in duplicate to: Federal Avia­ [Docket No. 9938; Notice No. 69-48] tion Administration, Office of the Gen­ § 91.81 Altimeter settings. eral Counsel, Attention: Rules Docket (a) * * * TRANSPORTATION OF HAZARDOUS GC-24, 800 Independence Avenue SW., However, in an aircraft being used in MATERIALS Washington, D.C. 20590. All communi­ operations under Part 105 of this chap­ Reports of Hazardous Materials cations received on or before January 27, ter, the altimeter may be set in ac­ Incidents 1970, will be considered by the Admin­ cordance with § 105.28. istrator before taking action on the pro­ ***** The Hazardous Materials Regulations posed rule. The proposal contained in Board is considering amending the De­ this notice may be changed in the light 2. By adding a new § 105.28 to read partment’s Hazardous Materials Regula­ of comments received. All comments sub­ as follows: tions applicable to transportation by air mitted will be available, both before and § 105.28 Altimeter setting and altitude to include hazardous materials incident after the closing date for comments, in reporting. reporting requirements. the Rules Docket for examination by A pilot in command of an aircraft By separate document published at interested persons. carrying parachute jumpers may set the page 17450 of this issue of the F ederal Section 91.81 presently requires each aircraft altimeter to zero altitude prior R egister, the Hazardous Materials Reg­ person operating an aircraft to maintain to takeoff, if the parachute jumps are to ulations Board announced proposed re­ the cruising altitude or flight level of that be made onto the airport of departure. porting requirements. While the provi­ aircraft by reference to an altimeter that However, the cruising altitude or flight sions of Title 49 of the Code of Federal is set either to specified altimeter settings level of the aircraft required by § 91.109 Regulations proposed to be amended in or to the elevation of the airport of de­ of this chapter shall be maintained, and that document relate primarily to in­ parture. The only exception from this all altitude reports shall be made, as if cidents involving fail or highway trans­ regulation has been in the case of a the altimeter were set in accordance portation, for the reasons stated therein, parachute club whose members have with § 91.81 of this chapter. the need for the same information exists been granted a waiver from § 91.81. Par­ 3. By amending § 105.29 to read as with respect to transportation by air. achutists claim that setting the altimeter follows: Therefore, the Board is considering at zero altitude provides for greater amending Part 103 of the Federal Avia­ safety since they rely on the altimeter § 105.29 Flight visibility and clearance tion Regulations to include therein the reading before making their jump. from cloud requirements. proposed reporting requirements. The Clearly it is safer for the parachute No person may make a parachute jump, language of the proposed requirements jumper if the pilot, jumpmaster, or and no pilot in command of an aircraft (but not the specific sections in Part 103) jumper can look at the altimeter and may allow a parachute jump to be made is set forth in the referenced document read the altitude above the jumpsite from that aircraft— and therefore, is not repeated herein. without having to make a mental calcu­ (a) Into or through a cloud,* Interested persons are invited to give lation to determine the height above the (b) At an altitude less than 10,000 feet their views on this proposal. Communi­ ground. MSL, but more than 1,200 feet above the cations should identify the docket num­ The proposed amendment would allow surface, if the flight visibility is less than ber and be submitted in duplicate to the an exception to § 91.81 for aircraft carry­ 3 statute miles, and at a distance of less Secretary, Hazardous Materials Regula­ ing parachute jumpers. It would permit than 500 feet under, 1,000 feet over, or tions Board, Department of Transporta­ the operator of the aircraft to set the 2,000 feet horizontally from any cloud tion, 400 Sixth Street SW., Washington, altimeter at zero altitude before takeoff if formation; D.C. 20590. Communications received on the parachutists are to jump onto the (c) At an altitude of 1,200 feet or less or before January 12, 1970, will be con­ surface of the airport of departure. How­ above the surface (regardless of the MSL sidered before final action is taken on the ever, the requirements of § 91.109 would altitude), if the flight visibility is less proposal. All comments received will be continue to apply, and the pilot would than 3 statute miles, and at a distance available for .examination by interested be required to maintain the applicable of less than 500 feet under, 1,000 feet persons at the Office of the Secretary, cruising altitude or flight level above over, or 2,000 feet horizontally from any Hazardous Materials Regualtions Board, mean sea level that is appropriate to his both before and after the closing date for cloud formation; and comments. magnetic course. (d) At an altitude of 10,000 feet MSL Sections 105.29 and 105.31 provide re­ This proposal is made under the au­ or above, and more than 1,200 feet above thority of title VI and section 902(h) of quirements for clearance from clouds the surface, if the flight visibility is less and flight visibility minimums for para­ the Federal Aviation Act of 1958 (49 than 5 statute miles, and at a distance UJ3.C. 1421-1430, 1472(h)). chute jumping. When these sections were of less than 1,000 feet under, 1,000 feet issued they were equivalent to, or more over, and 1 mile horizontally from any Dated: September 17, 1969. restrictive than, the basic VFR weather cloud formation. S am S chneider, minimums. However, Amendment 91-51 4. By deleting § 105.31. to Part 91, effective March 16, 1968, re­ Acting Administrator, These amendments are proposed under Federal Aviation Administration. vised weather minimums for visual flight the authority of sections 307, 313(a) and [F.R. Doc. 69-12875; Filed, Oct. 28, 1969; ru*e (VFR) operations, in particular, the 601 of the Federal Aviation Act of 1958 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17450 PROPOSED RULE MAKING

[ 49 CFR Parts 171, 173, 174, 175, The National Transportation Safety the immediacy that the Board considers 176, 177, 180 3 Board then made the following recom­ necessary. The immediate report would mendations to the Secretary of Trans­ cover the essential items of informa­ [Docket No. HM—36; Notice No. 69—29] portation: tion necessary for the operating admin­ TRANSPORTATION OF HAZARDOUS 1. That the term "hazardous materials istrations of the Department and the Na­ incident" be defined in regulations govern­ tional Transportation Safety Board to MATERIALS ing transport of such materials in all trans­ determine what immediate action should Reports of Hazardous Materials portation modes, and that the definitions be taken by them, if any. The immediate of hazardous materials accidents, now estab­ notification requirement proposed would Incidents lished independently for each mode, be re­ also apply to the transportation of The Hazardous Materials Regulations vised for greater standardization across all liquids by pipeline now covered by Part transportation modes. Board is considering amending the De­ 2. That a uniform, cross-modal reporting 180 of this chapter. partment’s Hazardous Materials Regula­ form be developed, appropriate for automatic The second part of the proposal is a tions to include (1) a requirement for data processing purposes, for hazardous ma­ routine reporting requirement that would the immediate reporting of serious in­ terials incidents and accidents. require the submission of reports in a cidents involving hazardous materials 3. That a centralized reporting system be prescribed format to the Office of Haz­ and (2) a requirement for the reporting established within the Department of Trans­ ardous Materials in those instances where of certain information concerning all portation, coordinating the handling of re­ an immediate report is required and also hazardous materials incidents whether ports of all hazardous materials incidents in any case where there has been an un­ and accidents by carriers to the Administra­ or not an immediate notification is tions and the Coast Guard (as applicable), intentional release of hazardous mate­ required. to operate through a central “clearinghouse” rials from a package. The proposed On April 1, 1969, the National Trans­ where such data would be collected and eval­ report (copies of which may be obtained portation Safety Board submitted to the uated to determine whether greater emphasis from the Secretary, Hazardous Materials Secretary of Transportation a study should be directed to shipper and carrier Regulations Board at the address set titled, “Uniform Reporting System for compliance with existing requirements, or to forth below), which is to be submitted the need for change in containers, in haz­ All Modes of Transportation in Report­ ardous classifications, or in handling within 15 days of occurrence of discovery ing Incidents and Accidents Involving requirements. of an incident, would provide informa­ the Shipment of Hazardous Materials” 4. That the Department’s Hazardous Mate­ tion and data such as: Hazardous mate­ (copies may be obtained from the Na­ rials Regulations Board expedite its action rials involved, consequences, packaging tional Transportation Safety Board, 1626 to amend or to revise existing Federal Regu­ information, probable cause of packag­ K Street NW., Washington, D.C. 20591). lations. It should develop uniform regula­ ing failure, shipper and consignee identi­ In setting forth the background for its tions for all modes of transport relating to fication, and a narrative account ex­ the shipment and carriage of hazardous plaining the incident. The information study the NTSB stated: materials, as may be necessary to assure sub­ In the process of reviewing a number of stantial uniformity among all modes as to derived from these reports will be used hazardous materials accidents in the past reporting requirements, and processing of by the Department: (1) As an aid in year, the National Transportation Safety incident and accident reports involving evaluating the effectiveness of the exist­ Board has become aware of the need for a hazardous materials, so that a centralized ing regulations; (2) to assist in deter­ centralized and coordinated system within and unified hazardous materials reporting mining the need for regulatory changes the Department of Transportation to collect, system and clearinghouse might function to cover changing transportation safety process, and disseminate information among effectively. If this cannot be done within problems; and (3) to determine the the modes pertaining to improving the safety the existng statutory framework, considera­ of hazardous materials transport in all its tion should then be given to seeking legisla­ major problem areas so that the atten­ phases in all modes. In its background tion which would authorize the issuance of tion of the Department may be more summary, the Board further stated: one regulation applicable to all modes by suitably directed to those areas. The effective use of data is of prime im­ the Secretary, following appropriate con­ This centralized reporting system portance in developing hazardous materials sultation with the Administrations and the would amend or replace the existing re­ regulations—data from both accidents and Coast Guard. porting requirements presently provided incidents (which require definition)—but for in §§ 173.11, 174.506, 174.508, 174.565, under existing reporting requirements and The Hazardous Materials Regulations procedures it is virtually impossible to con­ Board has for sometime been working 174.588, 175.660, 176.707, 177.807, 177.814, solidate and compare analyticaUy such in­ on a centralized and unified system for 177.861, and add an immediate report­ formation on a cross-modal basis. Each mode collecting information about accidents ing requirement to Part 180. is essentially concerned only with itself, and and incidents involving hazardous mate­ One effect of this proposal would be to hazardous materials accident or incident re­ eliminate the requirement that is now ports, where submitted, do not contain in­ rials. The Board agrees with the NTSB’s contained in several of these sections formation appropriate in character, depth, or statements as to the importance of acci­ that the Bureau of Explosives of the detail to have much value in preventing haz­ dent and incident data in evaluating the ardous materials accidents in other modes. effectiveness of existing regulations and Association of American Railroads must There is no satisfactory system now for col­ in developing new hazardous materials be notified in certain circumstances. lecting and analyzing such data so that all regulations. At present, the little infor­ Elimination of this requirement would modes may to a maximum degree benefit mation which is being received is often not prevent carriers from voluntarily from the experience of each. notifying the Bureau of Explosives but inaccurate or incomplete; therefore, it this notification would no longer be re­ After reviewing the present reporting is difficult for the Department to properly quired by Federal regulation. requirements (or lack thereof) in each respond to such occurrences. Interested persons are invited to give of this Department’s operating adminis­ This proposal covers two primary their views on the proposal discussed trations, the NTSB concluded: areas. The first is a, requirement that herein. Communications should identify A unified data system, based on uniform carriers (including private carriers) the docket number and be submitted in definitions of terms, utilizing a common re­ make immediate reports to the Depart­ duplicate to the Secretary, Hazardous porting form to be submitted by carriers, ment by telephone when incidents of a with a flow of reports and supplemental in­ specified severity occur (the word “inci­ Materials Regulations Board, Depart­ formation designed to be channeled to a dent” is used in the proposed regulations ment of Transportation, 400 Sixth common data center, and with the processed to cover all reportable occurrences that Street SW., Washington, D.C. 20590. data (and results of special studies) being involve hazardous materials). The single Communications received on or before made available to all Administrations, would telephone number to be provided in the January 12, 1970, will be considered be­ be a logical and necessary prerequisite to­ regulations will be for a telephone that is fore final action is taken on the proposal. ward solving many of the problems now con­ All comments received will be available fronting all Administrations in the transport attended by personnel of the Department of hazardous materials. The increase in traf­ on a 24-hour basis. While notification by for examination by interested persons fic, the increase in demand for materials telephone is specified in this notice, com­ at the Office of the Secretary, Hazardous classified as hazardous, and the increasing Materials Regulations Board, both be­ need for intermodal coordination make this ments are requested on the feasibility of essential not only as an economic necessity, using other means of communication to fore and after the closing date for but for the safety of all concerned. accomplish the required notification with comments.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 2 9 ,1 9 6 9 PROPOSED RULE MAKING 17451

In consideration of the foregoing, it is (c) Each person making a report D. Consequences Due to Hazardous Ma­ proposed to amend the Department of under this section shall also make the terials Involved: Transportation’s Hazardous Materials report required by § 171.16. 10. Number of persons killed ____ _ Regulations as set forth below. 11. Number of persons injured _____ (C) § 171.16 would be added to read 12. Estimated loss and property damage This proposal is made under the au­ as follows: in dollars (including cleanup cost): $__ _ thority of sections 831-835 of title 18, § 171.16 Detailed hazardous materials E. Packaging Information: United States Code, and section 9 of the 13. Type of packaging (steel drums, wood­ Department of Transportation Act (49 incident reports. en box, cylinder, etc.)______U.S.C. 1857). (a) Each carrier who transports haz­ 14. Capacity or weight per package (55 ardous materials shall report in writing gallons, 56 lbs., etc.)_____ Issued in Washington, D.C., on Octo­ in duplicate on DOT Form ______to the 15. Number of packages from which ma­ ber 23, 1989. Department within 15 days of the date terial escaped-____ R. N. W hitman, 16. Number of packages damaged from ex­ Administrator, of discovery each incident that occurs ternal cause__ __ Federal Railroad Administration. during the course of transportation (in­ 17. Number of packages of same type in cluding loading, unloading, or tempo­ vehicle or facility.____ _ Issued in Washington, D.C., on Octo­ rary storage) in which as a direct result 18. DOT Specification number(s) on ber 23, 1969. of the hazardous materials any of the packages (21P, 17E, 3AA1800, etc., or none) E. H. H olmes, circumstances set forth in § 171.15(a) Acting Federal occurs or there has been an unintentional 19. Other DOT packaging markings (49 Highway Administrator. release of hazardous materials from a CFR Part 178) Example:. (18-55-69) (STC) I. Part 171 would be amended aspackage (including a tank). 20. Name or symbol of packaging manu­ follows: (b) Each person making a report facturer—_—_____ (A) In Part 171, Table of Contents, under this section shall make that report 21. If reconditioned drum(s) show name §§ 171.15, 171.16 would be added to read to the Director, Office of Hazardous Ma­ or symbol of reconditioner and date.—___ as follows: terials, Department of Transportation, Washington, D.C. 20590. 22. Show last test date if cylinder or tank Sec. 171.15 Immediate notice of certain haz­ (c) Copies of DOT Form __ ___are 23. Type label(s) on package.—______ardous materials incidents. available without charge upon request to 24. DOT Special permit number (if any) 171.16 Detailed hazardous materials inci­ the above address: Additional copies in dent reports. the prescribed format may be reproduced F. Shipping Information : and used if in the same size and kind of 25. Name of shipper..______(B) § 171.15 would be added to read 26. Origin address of hazardous materials as follows: paper. shipm ent involved______[Docket No. HM-36; Notice 69-29, CGFR-69- 27. Name of consignee______§ 171.15 Immediate notice of certain 106—Proposed Information Requirements 28. Destination address of hazardous ma­ hazardous materials incidents. for Hazardous Materials Incident Reports] terials shipmeiit involved..______... (a) Each carrier who transports Departm ent op T ransportation 29. Shipping paper identification and hazardous materials shall report to the HAZARDOUS MATERIALS INCIDENT REPORT number..______... Department by telephone at the earliest Submit in duplicate to Director, Office of G. Remarks: practicable moment after each incident Hazardous Materials, Department of Trans­ 30. Describe essential facts of incident that occurs during the course of trans­ portation, Washington, D.C. 20590. If the including but not limited to defects, dam­ portation (including loading, unloading, space provided for any item is not adequate, age, probable cause, stowage, action taken or temporary storage) in which as a continue in “Remarks” keying to the item at the time discovered, and action taken to direct result of the hazardous materials number. Copies of this form will be sup­ prevent future incidents. Include any rec­ any of the following occurs: plied without charge upon request to the ommendations to improve packaging, han­ (1) A person is killed. foregoing address. Additional copies in this dling, or transportation of hazardous ma­ format may be reproduced using the same terials. Photographs and diagrams should be (2) An injured person needs medical size, and kind of paper. submitted when necessary for clarification. attention away from the scene of the A. Reporting Carrier or Company: incident. 1. Name of Agency, Company, or Individ­ (More space will be provided on the final (3) Estimated carrier or other prop­ ual submitting the report______r_,------form.) erty damage exceeds $5,000. 2. Address ______31. Date report prepared------(4) A continuing danger to life exists 3. Date and time of incident: Month___ 32. Name of person preparing report___ — following the incident. ______D ay___ __ Year______Time______'Li______Telephone No_____... 4. Location of incident______(5) The incident is of such a nature 5. Type of vehicle or facility ______[F.R. Doc. 69-12876; Filed, Oct. 28, 1969; that it is estimated that the resumption B. Hazardous Material Involved: 8:47 a.m.] of normal operation of the transporta­ 6. Shipping nam e ______tion facility involved (e.g., highway, rail­ 7. Hazard classification______; road) will be prevented for 2 hours or 8. Trade name as shown on packages___ more. C. Probable Causes(s) of Packaging Fail­ FEDERAL COMMUNICATIONS (b) The following information shall ure: (Check one or more as applicable and be furnished in each report required by describe in item No. 30 "Remarks.”) this section: 9 . ____ External punctures. COMMISSION ------Crushed by other freight. [ 47 CFR Part 95 1 (1) Name of reporting person. _____ Weld failures. (2) Name and address of carrier rep­ _____ Loose fitting valves or closures. [Docket No. 18705; FCC 69-1146] resented by reporter. ------Defective fitting valves or clo­ (3) Phone number where reporter can sures. CITIZENS RADIO FREQUENCY FOR be contacted. _____ Corrosion or rust. EMERGENCY COMMUNICATIONS (4) Date, time, and location of inci­ _____ Bottom failures. dent. ------Chime failures. Notice of Proposed Rule Making ------Body or side failures. Tlle ®x^ent °f injuries, if any. ------Dropped in handling. In the matter of amendment of § 95.41 ntu ^ ass*fiC£*tion, name, and quantity __ ___ Water damage. (d) of the Commission’s rules to reserve a oi hazardous materials involved, if such _____ Damage from other liquids. citizens radio frequency for emergency information is available. ------Ruptured due to internal pres­ communications, Docket No. 18705, RM- sure. 1095, RM-1131, RM—1323. (7) Type of incident and nature of ____ _ External heat. twwu ous mater*al involvement and __ Freezing. 1. Notice , of proposed rule making is wnether a continuing danger to life ex­ _____ Failure of inner receptacles. hereby given in the above-entitled ists at the scene. _____ Other conditions. matter.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17452 PROPOSED RULE MAKING 2. The Commission has under consid­ cation channels to seven by designating channel is not for the exclusive use of eration a petition filed in the above- an additional channel as a replacement any one group or organization, but is to entitled matter by George Nims Raybin (see par. 8 below). be shared by all emergency users, Emer­ for reconsideration of the Commission’s 6. National Capital Regional REACT gency communications may, of course, action in its Order (FCC 68-1133) (RM-1131) urges that this channel also continue to be made on other frequencies, adopted on November 26, 1968, denying be designated as a general calling chan­ and licensees must continue to give them the petitions RM-1095, RM-1131, and nel to establish communications after priority as required by § 95.85(a). While RM-1323 to reserve one of the 23 fre­ which the stations would change to it is expected that interference on the quencies available to Class D stations in another frequency. This would be similar emergency channel from other citizens the Citizens Radio Service for either to the calling working frequency concept band stations will be minimized, the emergency communications or as an of the Maritime service. The desirability emergency channel, as are all Class D emergency and calling channel. Numer­ of using distress frequencies for calling in frequencies, would be subject to interfer­ ous letters and comments from both in­ the Marine service is currently being re­ ence from industrial, scientific, and dividuals and organizations have been viewed. In any event, the Commission medical devices operating in band under received supporting the emergency chan­ does not believe a frequency designated the provisions of Part 18 of the Com­ nel concept. The National REACT or­ for emergency use in the Citizens Radio mission’s rules. Also, the success of this ganization which comprises approxi­ Service should be used for general call­ proposal will depend, to a very large mately 1,300 teams of citizens radio users ing purposes. Ships are required to moni­ extent, upon the compliance that li­ throughout the United States support tor the distress frequency and participate censees are willing to observe. To be Mr. Raybin’s petition for reconsideration. in the distress system since they are fre­ effective, the program will call for a high Among other things, it is argued that: quently the only source of assistance. On degree of self-policing. (a) A universal emergency frequency the other hand, in the Citizens Radio 10. This action is taken pursuant to would facilitate the effective application Service assistance will generally come sections 4 (i) and 303 of the Communica­ of millions of citizens radios to highway from an established organization which tions Act of 1934, as amended. safety and service problems, and monitors the emergency channel rather 11. Pursuant to applicable procedures (b) It would encourage public safety than a nearby mobile unit. Further, we sét forth in § 1.415 of the Commission’s officials, to monitor the emergency chan­ believe that the constant use of this rules, interested persons may file com­ nel and cooperate with volunteer citizens channel for routine calling purposes will ments on or before December 10, 1969, radio teams. detract from its availability for emer­ and reply comments on or before Decem­ 3. As we stated in denying the original gency use, particularly under “skip” ber 31,1969. All relevant and timely com­ petition, requests to reserve channels for conditions, and may discourage volunteer ments and reply comments will be con­ various special uses have previously been organizations and public safety agencies, sidered by the Commission before final considered and denied because of the from monitoring for emergencies. action is taken in this proceeding. In multiplicity of requests and the limited 7. Mr. Raybin also suggests the subject reaching its decision in this proceeding, number of frequencies available. The rule making petitions be consolidated the Commission may also take into ac­ Commission has stated that it had no with RM-732 and RM-1212 in Docket count other relevant information before objection to the voluntary reservation 17049. Docket No. 17049 is an inquiry it, in addition to the specific comments of any frequency in an area for a par­ into the needs for emergency communi­ invited by this notice. ticular use, but that no protection could cations along our highways. RM-732, 12. In accordance with the provisions be afforded such use. On a voluntary however, contemplates the creation of a of § 1.419 of the Commission’s rules, an basis Channel 9 has been widely accepted new radio service not involving the Citi­ original and 14 copies of all statements, throughout the country as a channel to zens Radio Service nor citizens radio briefs, or comments filed, shall be fur­ be used during emergencies and by mo­ frequencies. Thus, the subject petitions nished the Commission. torists seeking assistance. would not necessarily be relevant to the Adopted: October 22, 1969. 4. Upon reconsideration, the Commis­ proceeding in Docket No. 17049. RM-1212 sion is persuaded that the official desig­ has been denied subsequent to the Com­ Released: October 24,1969. nation and reservation of a specific chan­ mission’s order denying the petitions in F ederal Communications nel as an emergency channel and also this proceeding although the matter is Commission, as a channel on which the motorist may presently under reconsideration. The [seal] B en F. W aple, receive assistance would be in the public matter will be considered separately. Secretary. interest. It would improve the accessibil­ .8. Accordingly, the Commission pro­ [F.R. Doc. 69-12899; Piled, Oct. 28, 1969; ity to an exclusive channel, avoid the poses to amend § 95.41(d) of its rules to 8:48 a.m.] necessity of having to clear the channel reserve Channel 9 (27.065 MHz) for use of routine traffic during emergencies, only for emergency communications in­ and would establish a uniform channel volving the immediate safety of life or for this purpose throughout the country. protection of property or for communi­ FEDERAL HOME LOAN BANK BOARD 5. Mid Columbia Radio Club (RM- cations necessary to render assistance to 1095) urges that Channel 1 be designated the motorist. Since this action would [12 CFR Paris 542, 543, 545, 5561 for this purpose on the basis of its closer delete one of the seven frequencies avail­ [No. 23,465] proximity to the frequency 26.62 MHz able for communications between units used by the Civil Air Patrol which often of different licensees (interstation), the FEDERAL SAVINGS AND LOAN participates in search and rescue mis­ Commission is also proposing to make SYSTEM sions. Mr. Raybin (RM-1323) requests either Channel 8 (27.055 MHz) or Chan­ the allocation of an intrastation chan­ nel 15 (27.135 MHz) available for inter­ Proposed Amendments Relating jo nel for such emergency and motorist station communications. Comments are Hearings and Procedure on Certain assistance use because there is a shortage specifically invited on the question of Applications of interstation channels. However, the which of the frequencies would cause the Commission believes that Channel 9 least disruption to existing operations. October 21,1969. would be the better selection in view of Channels other than 8 and 15 will not be Resolved that the Federal Home Loan the already widespread use of the fre­ considered because the Commission de­ Bank Board considers it advisable to quency for these purposes. For example, sires interstation channels, with the amend Parts 542, 543, 545, and 556 of Channel 9 has been designated by exception of Channel 23, to remain ad­ the rules and regulations for the Federal REACT National Headquarters, endorsed jacent to one another. As in the case of Savings and Loan System (12 CFR Parts by major C-B publications and a number the other interstation frequencies, the 542, 543, 545, 556) for the purpose of of states have approved Channel 9 by the one selected would still be available for making changes in the procedures used placement of “monitor channel 9” signs intrastation communications. to process applications for permission to on its highways. Also, we are proposiiig 9. The Commission in taking this ac­ organize Federal savings and loan asso­ to restore the number of intercommuni­ tion notes that the proposed emergency ciations and for permission to establish

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 PROPOSED RULE MAKING 17453 branch office and mobile facilities for with two copies of all supporting infor­ person may file, at the office of the su­ such associations, which changes are mation, to the Supervisory Agent. pervisory Agent designated in the notice, designed to simplify such procedures and (d) Amendment of application; filing communications, including briefs, in to expedite the decisional process on such of additional information. After a com­ favor or in protest of the application applications. Accordingly, the Board plete application for permission to orga­ In the event any communication is filed hereby proposes to amenff Parts 542, 543, nize a Federal association has been in protest of the application, the appli­ 545, and 556 as follows: filed with the Board, and prior to the cants may file information relevant to 1. Amend Part 542 by revising the date of advice by the Supervisory Agent such protest within 15 days after the heading thereof to read “Part 542— to the applicants to publish notice of last date for filing communications pur­ Amendment of Rules and Regulations” the filing of the application pursuant to suant to the preceding sentence or waive and by revoking § 542.2 thereof, relating paragraph (e) of this section, the appli­ the right to file such information. Infor­ to hearings. cants may file additional information in mation may be submitted in connection 2. Amend Part 543 by revising § 543.2 support of the application and may with an application only as provided in thereof, to read as follows: amend the application; after the date of this section, unless additional informa­ § 543.2 Application for permission to such advice, the applicants may not tion is requested by the Supervisory organize a Federal association. amend the application or file any addi­ Agent or otherwise by or on behalf of the Board. (a) General provisions. All requests by tional supporting information unless re­ interested persons for advice or instruc­ quested to do so by the Supervisory (4) The application, together with all tions with respect to any matter arising Agent or otherwise by or on behalf of communications in favor or in protest under this section shall be addressed to the Board. thereof, shall be available at the office of the Board’s Supervisory Agent. As used (e) Processing of application by Su­ the Supervisory Agent during regular in this section, the term “Supervisory pervisory Agent; public notice; inspec­ working hours for inspection by inter­ Agent” means the president of the Fed­ tion. (1) Upon determination by the ested persons after the issuance to the eral Home Loan Bank of the district in Supervisory Agent that an application applicants of advice to publish a notice. which the proposed association is to be for permission to organize a Federal as­ Prior thereto, the application and the located or any other officer or employee sociation is complete, the Supervisory fact that it has been filed shall be held of such bank appointed by the Board as Agent shall advise the applicants, in as confidential. agent as provided by § 501.11 of this writing, to publish within 15 days from (f) Oral argument—(1) General pro­ chapter. All recommendations by Super­ the date of such advice, in a newspaper visions. Ordinarily, an application for visory Agents and by officers and em­ printed in the English language and hav­ permission to organize a Federal associa­ ployees of the Board in connection with ing general circulation in the community tion will be considered without oral ar­ any application for permission to or­ to be served by the proposed Federal gument. However, if the Supervisory ganize a Federal association shall be association, a notice of the filing of the Agent, after review of the application deemed to be privileged and confidential application in the following form: and other pertinent information, con­ and subject to the provisions of § 505.6 Notice op P ilin g of Applicatio n for P er­ siders it desirable to have oral argu­ of this chapter. m issio n to Organize a F ederal S avings ment on the merits of the application, he (b) Application form; supporting in­ and L oan Association shall mail a notice, fixing the time and formation. An application for permission Notice is hereby given that, pursuant to place for such oral argument, to the ap­ to organize a Federal association shall be the provisions of § 543.2 of the rules and plicants and to all persons who have filed in form prescribed by the Board and shall regulations for the Federal Savings and Loan communications in favor or in protest be executed by at least seven persons System ______of the application. Such oral argument residing in the community to be served (Fill in names of applicants) shall be scheduled not less than 10 days after the mailing of such notice. by the proposed association (hereinafter have filed an application with the Federal referred to as the “applicants”). Such Home Loan Bank Board for permission to (2) Procedure. The oral argument application and prescribed “Outline of organize a Federal savings and loan associa­ with respect to any such application may Information to be Submitted in Support tion to be located at, or in the immediate be made in person or by authorized rep­ of an Application for Permission to orga­ vicinity o f ______resentatives, but the oral argument nize a Federal Association”- may be should be based on written information (Street address) (City) which has been filed in connection with obtained from the Supervisory Agent. In­ ------The application has been de- formation shall be furnished in support (State) the application and should not include of the application in accordance with livered to the office of the Supervisory Agent new information. Unless the Supervisory such Outline designed to show: (1) The of the said Board, located at the Federal Agent in his discretion considers it de­ applicants are citizens of the United Home Loan Bank of______, sirable to allow a longer time, he shall States of good character and responsi­ (City) allow not more than 1 hour for oral argu­ bility; (2) there is a necessity for the ment in favor of an application and not proposed association in the community (Street address) (City) more than 1 hour for all oral argument w56 serve^ by it; (3) there is a reason- Any person may file communications, includ­ against an application. The Supervisory f Probability of usefulness and success ing briefs, in favor or in protest of said ap­ Agent shall have a transcript made of ■ of the proposed association; and (4) the plication at the aforesaid office of the any oral argument and shall include Supervisory Agent within 10 days (or within such transcript in the application file. proposed association can be established 30 days if advice is filed within the first 10 without undue injury to properly con­ days stating that more time is needed to (g) Approval. If the Board approves ducted existing local thrift and home- furnish additional information) after the the application, it will establish, as con­ nnancing institutions. The application date of this publication. The application and ditions to be met prior to the issuance snail include an estimate of the annual all communications in favor or in protest of a charter, requirements as to (1) mini­ income and expenses of the proposed thereof are available for inspection by inter­ mum number of subscribers to the asso­ association and of the annual volume of ested persons at the aforesaid office of the ciation’s capital; (2) minimum amount Business to be transacted by it, and a Supervisory Agent. of capital to be paid into the association’s fom ent of the personnel and office (2) Promptly after publication of the savings accounts upon issuance- of a cmties to be provided for the operation notice, the applicants shall transmit two i such association. An application shall charter to it; and (3) such other require­ copies thereof to the Supervisory Agent ments as it deems necessary or desirable. oe deemed to be complete when the fore- accompanied by two copies of a pub­ gomg requirements 0f this paragraph (b) Approval of an application for permis­ nave been met. lisher’s affidavit of publication. (3) Within 10 days (or within 30 sion to organize a Federal association will Hn« t Filing of application. An applica- days if advice is filed within the first 10 not in any manner obligate the Board to organize a Federal days stating that more time is needed to issue a charter. ssociatimi shall be filed with the Board furnish additional information) after 3. Amend Part 545 by revising § 545.14 °y delivering two copies thereof, together the date of publication of said notice, any thereof, to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17454 PROPOSED RULE MAKING

§ 545.14 Branch office. subparagraphs (2) and (4) of this eligible, and if it has been preliminarily (a) General provisions. (1) Any busi­ paragraph. determined that there is no basis for ness of a Federal association, as author­ (c) Application form; supporting in­ supervisory objection to approval of the ized by the association’s board of direc­ formation. An application for permission application, the Supervisory Agent shall tors, may be transacted at a branch office. to establish a branch office shall be in advise the applicant, in writing, to pub­ form prescribed by the Boafd. Such ap­ lish within 15 days from the date of such (2) A Federal association shall not plication and prescribed “Outline of In­ advice, in a newspaper printed in the establish a branch office without prior formation to be Submitted in Support English language and having general written approval by the Board. Deter­ of an Application for Permission to Es­ circulation in the community to be mination by a Federal association to tablish (Maintain) a Branch Office” may served by the proposed branch office, a make an application for permission to es­ be obtained from the Supervisory Agent. notice of the filing of the application in tablish a branch office shall be evidenced the following form; by a resolution duly adopted by the asso­ Information shall be furnished in sup­ ciation’s board of directors. The making, port of the application in accordance Notice of P il in g of B ranch O ffice filing, and processing of, and action on with such Outline designed to show; (1) Applica tion an application for permission to establish There is or will be at the time the branch Notice is hereby given that, pursuant to a branch office shall be in accordance is opened a necessity for the proposed the provisions of § 545.14 of the rules and branch office in the community to be regulations for the Federal Savings and Loan with this section. served by“ it; (2) there is a reasonable System, the (3) All requests by a Federal associa­ probability of usefulness and success of tion for advice or instructions with re­ the proposed branch office; and (3) the (Federal Savings and Loan Association) spect to any matter arising under this ______has filed an ap- section shall be addressed to the Board’s proposed branch office can be established (City) (State) Supervisory Agent. As used in this sec­ without undue injury to properly con­ plication with the Federal Home Loan Bank tion, the term “Supervisory Agent” means ducted existing local thrift and home­ Board for permission to establish a branch the President of the Federal Home Loan financing institutions. The application office at, or in the immediate vicinity of Bank of the district in which the appli­ shall include an estimate of the annual income and expenses of the proposed (Street address) cant association is located or any other branch office and of the annual volume __ '______The application officer or employee of such bank ap­ of business to be transacted by it, and (City) (State) pointed by the Board as agent as pro­ has been delivered to the office of the Super­ vided by § 501.11 of this chapter. All rec­ a statement of the functions to be per­ visory Agent of the said Board, located at ommendations by Supervisory Agents formed at such office and of the person­ the Federal Home Loan Bank o f ______nel and office facilities to be provided for (City) and by officers and employees of the the operation of the office. An applica­ Board in connection with branch office tion shall be deemed to be complete when (Street address) applications shall be deemed to be privi­ the foregoing requirements of this para­ ______Any person may file communl- leged and confidential and subject to the graph (c) have been met. (City) provisions of § 505.6 of this chapter. cations, including briefs, in favor or in pro­ (b) Eligibility. No application for per­ (d) Filing of application; proposed test of said application at the aforesaid mission to establish a branch office by budget. An application for permission to office of the Supervisory Agent within 10 a Federal association shall be considered establish a branch office shall be filed days (or within 30 days if advice is filed or processed, except to determine the with the Board by delivering two copies within the first 10 days stating that more association’s eligibility under the provi­ thereof, together with two copies of all time is needed to furnish additional in­ supporting information, to the Super­ formation) after the date of this publica­ sions of this paragraph (b), if, at the date tion. The application and all communica­ on which such application is filed with visory Agent. In addition to and con­ tions in favor or in protest thereof are the Board: currently with the filing of such applica­ available for inspection by interested persons (1) The association has not been in tion and supporting information, the ap­ at the aforesaid office of the Supervisory operation for a period of at least 3 years; plicant shall deliver to the Supervisory Agent. (2) Less than 12 months have expired Agent, for confidential use by the Board, from the date of publication of the notice two copies of a proposed budget of the (Federal Savings and Loan Association) of application for the association’s most association. (2) Promptly after publication of the recently approved branch, if not yet (e) Amendment of application; filing notice, the applicant shall transmit two opened; of additional information. After a com­ copies thereof to the Supervisory Agent (3) The association does not submit in plete application for permission to estab­ accompanied by two copies of a pub­ support of its application evidence giving lish a branch office has been filed with lisher’s affidavit of publication. reasonable assurance that the proposed the Board, and prior to the date of advice (3) Within 10 days (or within 30 days branch office, if approved, will be opened by the Supervisory Agent to the appli­ if advice is filed within the first 10 days within 21 months after the date on which cant to publish notice of the filing of stating that more time is needed to fur­ the application is filed, or, if the pro­ the application pursuant to paragraph nish additional information) after the posed branch office is to be located in a (g) of this section, the applicant may file date of publication of said notice, any shopping center having not less than additional information in support of the person may file, at the office of the Su­ 400,000 square feet of shopping space, application and may amend the appli­ pervisory Agent designated in the notice, within 36 months after such date; cation; after the date of such advice, the communications, including briefs, in (4) The association has on file any applicant may not amend the applica­ favor or in protest of the application. In other application for permission to es­ tion or file any additional supporting in­ the event any communication is filed in tablish a branch office with respect to formation unless requested to do so by protest of the application, the applicant which action by the Board is pending; the Supervisory Agent or otherwise by or may file information relevant to such (5) A period of at least 9 months has on behalf of the Board. protest within 15 days after the last date not elapsed since disapproval by the (f) Supervisory objection. No applica­ for filing communications pursuant to Board of an application by the associa­ tion for permission to establish a branch the preceding sentence or waive the right tion for permission to establish a branch office shall be approved if, in the opinion to file such information. Information office to serve any substantial part of the of the Board, the policies, condition, or may be submitted in connection with an same savings service area as determined operation of the applicant association application only as provided in this sec­ by the Supervisory Agent; or afford a basis for supervisory objection tion, unless additional information is (6) The sum of reserves and surplus to the application. requested by the Supervisory Agent or is less than 4 percent of savings accounts; (g) Processing of application by Su­ otherwise by or on behalf of the Board. Provided, however, That the Board pervisory Agent; public notice; inspec­ may, with respect to a particular appli­ tion. (1) Upon determination by the (4) The application, together with all cation, determine to consider and process Supervisory Agent that an application communications in favor or in protest that application without regard to the for permission to establish a branch of­ thereof, shall be available at the office eligibility requirements contained in fice is cpmplete, that the association is of the Supervisory Agent during regular

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 PROPOSED RULE MAKING 17455 working hours for inspection by inter­ § 545.14—4 Mobile facility. tions, each of which, at the time of filing ested persons after the issuance to the (a) General provisions—(1) Request of the application for permission to es­ applicant of advice to publish a notice. for advice. All requests by a Federal as­ tablish and operate the mobile facility, Prior thereto, the application and the sociation for advice or instructions with shall be more than 10 miles from the fact that it has been filed shall be held respect to any matter arising under this locations of any home or branch office as confidential. section shall be addressed to the Board’s or agency of any other institution the (h) Oral argument—(1) General pro­Supervisory Agent. accounts of which are insured by the visions. Ordinarily, an application for (2) Definition of “Supervisory Agent”.Federal Savings and Loan Insurance permission to establish a branch office As used in this section, the term “Super­ Corporation; will be considered without oral argument. visory Agent” means the President of (4) Any such facility shall be open for However, if the Supervisory Agent, after the Federal Home Loan Bank of the dis­ business at the same location on the same review of the application and other per­ trict in which the applicant association day or days (not to exceed 2 days) of tinent information, considers it desirable is located or any other officer or employee each week, during such hours, aggregat­ to have oral argument on the merits of of such bank appointed by the Board as ing a total of not less than 4 hours a day, the application, he shall mail a notice, agent as provided by § 501.11 of this as the association’s board of directors fixing the time and place for such oral chapter. All recommendations by Super­ may from time to time determine; argument, to the applicant and to all visory Agents and by officers and em­ (5) Any business of the association, as persons who have filed communications ployees of the Board in connection with authorized by its board of directors, may in favor or in protest of the application. applications for permission to establish be transacted at such facility, and a Such oral argument shall be scheduled and operate mobile facilities shall be detailed record of the transactions of not less than 10 days after the mailing each such facility shall be maintained as of such notice. deemed to be privileged and confidential and subject to the provisions of § 505.6 provided by § 545.20 of this part; (2) Procedure. The oral argumentof this chapter. (6) The mobile equipment used in the with respect to any such application may establishment and operation of such fa­ be made in person or by authorized rep­ (b) Eligibility. No application for per­ mission to establish a mobile facility by cility shall not remain at any location resentatives, but the oral argument while such facility is not open for busi­ should be based on written information a Federal association shall be considered or processed, except to determine the ness, except that such equipment may which has been filed in connection with be at any approved location on the night the application and should not include association’s eligibility under the provi­ sions of this paragraph (b), if, at the date before and the night following a day on new information. Unless the Supervisory which such facility is open for business; Agent in his discretion considers it de­ on which such application is filed with and sirable to allow a longer time, he shall the Board: (1) The association has not been in (7) Without prior approval by the allow not more than 1 hour for oral ar­ Board, operation of such facility shall gument in favor of an application and operation for a period of at least 3 years; not be continued at any location after not more than 1 hour for all oral argu­ the expiration of such period of time as ment against an application. The Super­ (2) Less than 12 months have expired from the date of publication of the the Board may prescribe with respect to visory Agent shall have a transcript made operation of the facility at such location. of any oral argument and shall include notice of application for the association’s (d) Application form; supporting in­ such transcript in the application file. most recently approved mobile facility, if not yet opened; formation. An application for permission (i) Branch office incidental to conver­ to establish and operate a mobile facility sion or merger. A Federal association (3) The association does not submit in shall be in form prescribed by the Board into which an existing institution is con­ support of its application evidence giving and shall be supported In accordance verted shall not thereafter maintain any reasonable assurance that the proposed with the prescribed “Outline of Infor­ office of the predecessor institution as a mobile facility, if approved, will be mation to be Submitted in Support of an branch office of such Federal association, opened within 15 months after the date on which the application is filed; Application for Permission to Establish and a Federal association shall not main­ and Operate a Mobile Facility.” Such tain any office of another institution (4) The association has on file any application shall show that there is a which is absorbed by merger, without other application for permission to es­ need for such facility at each proposed prior written approval by the Board of tablish a mobile facility with respect to location and that it is not feasible to an application by the association for per­ which action by the Board is pending; establish a full-time office at any such mission to maintain such office. Such (5) A period of at least 9 months has location. An application shall be deemed application shall be in form prescribed not elapsed since disapproval by the to be complete when the foregoing re­ by the Board and shall be filed at the Board of an application by the associa­ quirements of this paragraph (d) have same time as a preliminary application tion for permission to establish a mobile been met. for conversion is submitted to the Board facility to serve any substantial part of (e) Filing of application. An applica­ Pursuant to § 543.9 of this chapter or at the same savings service area as deter­ tion for permission to establish and oper­ the same time as an application for ap­ mined by the Supervisory Agent; or ate a mobile facility shall be filed with proval by the Board of a merger Is sub- (6) The sum of reserves and surplus the Board by delivering two copies there­ oiitted pursuant to § 546.2 of this chap­ is less than 4 percent of savings accounts. of, together with two copies of all sup­ ter, and shall be processed in accordance (c) Conditions for establishing and porting information, to the Supervisory with the provisions of. this section with operating a mobile facility. In order to Agent. respect to applications for permission provide savings and loan services in areas (f) Amendment of application; filing to establish a branch office, with the fol­ which are not otherwise provided with of additional information. After an ap­ lowing exceptions: such services locally, a Federal associa­ plication for permission to establish and (1) The provisions of this section with tion may establish and operate a mobile operate a mobile facility has been filed re®Pe

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—Pt. I----- 6 17456 PROPOSED RULE MAKING (g) Supervisory objection. No appli­ preceding sentence or waive the right determined by or on behalf of the Board, cation for permission to establish and to file such information. Information and the Supervisory Agent shall not ad­ operate a mobile facility shall be ap­ may be submitted in connection with an vise an applicant association to publish proved if, in the opinion of the Board, application only as provided in this sec* notice pursuant to paragraph (h) of the policies, condition, or operation of tion, unless additional information is re­ this section unless so instructed by or on the applicant association afford a basis quested by the Supervisory Agent or behalf of the Board; and the eligibility for supervisory objection to the appli­ otherwise by or on behalf of the Board. requirements of paragraph (b) of this cation. (4) The application, together with allsection shall not be applicable to such (h) Processing of application by communications in favor or in protest application. Supervisory Agent; public notice; in­ thereof, shall be available at the office 5. Amend Part 556 by rescinding spection. (1) Upon determination by the of the Supervisory Agent during regular § 556.4 thereof, a statement of policy Supervisory Agent that an application working hours for inspection by inter­ relating to attendance at certain for permission to establish and operate ested persons after the issuance to the hearings. a mobile facility is complete, the Super­ applicant of advice to publish a notice. (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. visory Agent shall advise the applicant, Prior thereto, the application and the 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, in writing, to publish within 15 days fact that it has been filed shall be held 3 OFR 1943-1948 Comp., p. 1071) from the date of such advice, in a news­ as confidential. Resolved further that interested per­ paper printed in the English language (i) Oral argument—(1) General pro­sons are invited to submit written data, and having general circulation in the visions. Ordinarily, an application for views, and arguments to the Office of the community to be served by the proposed permission to establish and operate a Secretary, Federal Home Loan Bank mobile facility, a notice of the filing of mobile facility will be considered without Board, 101 Indiana Avenue NW„ Wash­ the application in the following form: oral argument. However, if the Super­ ington, D.C. 20552, by November 28,1969, Notice o p P il in g op Applications for P er­ visory Agent, after review of the applica­ as to whether this proposal should be m is s io n To E stablish and O perate a M o ­ tion and other pertinent information, adopted, rejected, or modified. Written bile F acility considers it desirable to have oral argu­ material submitted will be available for Notice is hereby given that, pursuant to ment on the merits of the application, he public inspection at the above address the provisions of § 545.14—4 of the rules and shall mail a notice, fixing the time and unless confidential treatment is requested regulations for the Federal Savings and Loan place for such oral argument, to the or the material would not be made System, t h e ------applicants and to all persons who have available to the public or otherwise dis­ Federal Savings and Loan Association------______;______has filed filed communications in favor or in pro­ closed under § 505.6 of the general regu­ (City) (State) test of the application. Such oral argu­ lations of the Federal Home Loan Bank application with the Federal Home Loan ment shall be scheduled not less than 10 Board (12 CFR 505.6) Bank Board for permission to establish and days after the mailing of such notice. By the Federal Home Loan Bank operate a mobile facility at the following (2) Procedure. The oral argumentBoard. locations: ______with respect to any such application may be made in person or by authorized rep­ [seal] J ack Carter, (Street address) (City) Secretary. ____ ;______The application has been resentatives, but, the oral argument (State) should be based on written information [F.R. Doc. 69-12867; Filed, Oct. 28, 1969; delivered to the office of the Supervisory which has been filed in connection with 8:46 a.m.] Agent of the said Board, located at the Fed­ the application and should not include eral Home Loan Bank o f ------new information. Unless the Supervisory Agent in his discretion considers it de­ [ 12 CFR Parts 562, 567, 571 1 (City) (Street address) sirable to allow a longer time, he shall [No. 23,456] ______:______Any allow not more than 1 hour for oral argu­ (City) (State) ment in favor of an application and not FEDERAL SAVINGS AND LOAN person may file communications, including INSURANCE CORPORATION briefs, in favor or in protest of said applica­ more than 1 hour for all oral argument tion at the aforesaid office of the Supervisory against an application. The Supervisory Proposed Amendments Relating to Agent within 10 days (or within 30 days if Agent shall have a transcript made of advice is filed within the first 10 days stating any oral argument and shall include Hearings and Procedure on Appli­ that more time is needed to furnish addi­ such transcript in the application file. cations for Insurance of Accounts tional information) after the date of this (j) Mobile facility incidental to con­ October 21, 1969. publication. The application and all com­ version or merger. A Federal association munications in favor or in protest thereof are into which an existing institution is con­ Resolved that the Federal Home Loan available for inspection by interested persons verted shall not thereafter maintain any Bank Board considers it advisable to at the aforesaid office of the Supervisory amend Parts 562, 567, and 571 of the Agent. mobile facility of the predecessor insti­ tution as a mobile facility of such Fed­ rules and regulations for insurance of (Federal Savings and Loan Association) eral association, and a Federal associa­ accounts (12 CFR Parts 562, 567, 571) tion shall not maintain any mobile for the purpose of making changes in (2) Promptly after publication of the facility of another institution which is the procedure used to process applica­ notice, the applicant shall transmit two absorbed by merger, without prior writ­ tions for insurance of accounts, which copies thereof to the Supervisory Agent ten approval by the Board of an applica­ changes are designed to simplify such accompanied by two copies of a pub­ tion by the association for permission to procedure and to expedite the decisional lisher’s affidavit of publication. maintain such mobile facility. Such ap­ process on such applications. Accord­ (3) Within 10 days (or within 30 days plication shall be in form prescribed by ingly, the Board hereby proposes to if advice is filed within the first 10 days the Board and shall be filed at the same amend Parts 562, 567, and 571 as follows. stating that more time is needed to fur­ time as a preliminary application for 1. Amend Part 562 by revising §§ 562.3, nish additional information) after the conversion is submitted to the Board pur­ 562.4, 562.5, and 562.7 thereof, to read as date of publication of said liotice, any suant to § 543.9 of this chapter or at the follows: person may file, at the office of the same time as an application for approval § 562.3 Filing and amendment of apph" Supervisory Agent designated in the by the Board of a merger is submitted notice, communications, including briefs, pursuant to § 546.2 of this chapter, and in favor or in protest of the appli­ shall be processed in accordance with An application for insurance of ac­ cation. In the event any communi­ the provisions of this section with respect counts shall be filed with the Corpora­ cation is filed in protest of the to applications for permission to estab­ tion by delivering two copies thereof, application, the applicant may file lish and operate a mobile facility except together with two copies of all support­ information relevant to such protest that the provisions of this section with ing information, to the Supervisory within 15 days after the last date for respect to public notice shall be appli­ Agent. After an application for insurance filing communications pursuant to the cable only in cases in which it is so of accounts have been filed with the

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 PROPOSED RULE MAKING 17457

Corporation, and prior to the date of ad­ date for filing communications pursuant Part 56. [Amended] vice by the Supervisory Agent to the to the preceding sentence or waive the 2. Amend Part 567 by revising the applicant to publish notice of the filing right to file such information. Informa­ heading thereof to read "Part 567— of the application pursuant to § 562.4, tion may be submitted in connection with Amendment of Rules and Regulations" the applicant may file additional infor­ an application only as provided in this and by revoking § 567.2 thereof, relating mation in support of the application and section, unless additional information is to hearings. may amend it; after the date of such ad­ requested by the Supervisory Agent or vice the applicant may not amend the otherwise by or on behalf of the Board. Part 57. [Amended] application or file any additional sup­ (c) Proof of publication. Promptly 3. Amend Part 571 by rescinding porting information unless requested to after publication of the notice, the appli­ § 571.6 thereof, a statement of policy do so by the Supervisory Agent or other­ cant shall transmit two copies thereof relating to attendance at hearings on wise by or on behalf of the Corporation. to the Supervisory Agent accompanied applications for insurance of accounts. by two copies of a publisher’s affidavit of § 562.4 Processing of application by (Secs. 402, 403, 48 Stat. 1256, 1257, as supervisory agent; public notice; publication. amended; 12 U.S.C. 1725, 1726. Reorg. Plan inspection. (d) Inspection. The application, to­ No. 3 Of 1947, 12 F.R. 4981, 3 CFR, 1943-1948 gether with communications in favor or Comp., p. 1071) (a) Public notice. Upon determinationin protest thereof, shall be available at by the Supervisory Agent that an appli­ the office of the Supervisory Agent during Resolved further that interested per­ cation for insurance of accounts is com­ regular working hours for inspection by sons are invited to submit written data, plete, the Supervisory Agent shall advise interested persons after the issuance to views, and arguments to the Office of the applicant, in writing, to publish, the applicant of advice to publish a no­ the Secretary, Federal Home Loan Bank within 15 days from the date of such tice. Prior thereto, the application and Board, 101 Indiana Avenue NW., Wash­ advice, in a newspaper printed in the the fact that it has been filed shall be ington, D.C. 20552, by November 28,1969, English language and having general cir­ held as confidential. as to whether this proposal should be culation in the community proposed to adopted, rejected, or modified. Written be served by the applicant as an insured § 562.5 Oral argument. material submitted will be available for institution, a notice of the filing of the (a) General provisions. Ordinarily, an public inspection at the above address application in the following form: application for insurance of accounts will unless confidential treatment is re­ be considered without oral argument. quested or the material would not be Nome* o f P il in g o f Applications for However, if the Supervisory Agent, after made available to the public or other­ I nsurance o f Accounts review of the application and other per­ wise disclosed under § 505.6 of the gen­ Notice is hereby given that, pursuant to tinent information, considers it desirable eral regulations of the Federal Home the provisions of Part 562 of the rules and to have oral argument on the merits of Loan Bank Board (12 CFR 505.6). regulations for insurance of accounts (fill the application, he shall mail a notice, in the name of applicant institution or By the Federal Home Loan Bank names of organizers who are applicants in fixing the time and place for such oral Board. cases in which no charter has yet been is­ argument, to the applicant and to all sued) has (have) filed with the Federal persons who have filed communications [seal] Jack Carter, Savings and Loan Insurance Corporation (fill in favor or in protest of the application. Secretary. in either (1) an application for insurance of Such oral argument shall be scheduled [F.R. Doc. 69-12868; Filed, Oct. 28, 1969; accounts or (2 ) a request for a commitment not less than 10 days after the mailing 8:46 a.m.] to insure accounts) of an institution located of such notice. or to be located at, or in the immediate (b) Procedure. The oral argument vicinity of______with respect to any such application may [1 2 CFR Part 582 ] (Street address) be made in person or by authorized rep­ [No. 23,457] ______The application resentatives, but the oral argument (City) (State) should be based on written information DISTRICT OF COLUMBIA SAVINGS has been delivered to the office of the Super­ which has been filed in connection with AND LOAN OFFICES visory Agent of the said Board, located at the the application and should not include Federal Home Loan Bank o f ______new information. Unless the Supervisory Proposed Amendment Relating to (City) Agent in his discretion considers it de­ Procedure on Applications for sirable to allow a longer time, he shall Branch Offices (Street address) allow not more than 1 hour for oral ar­ (City) gument in favor of an application and October 21, 1969. . Any person may file communications, includ­ not more than 1 hour for all oral argu­ Resolved that the Federal Home Loan ing briefs, in favor or in protest of said ap­ ment against an application. The Super­ Bank Board considers it advisable to plication at the aforesaid office of the visory Agent shall have a transcript made amend Part 582 of the regulations for Supervisory Agent within 10 days (or within of any oral argument and shall include District of Columbia Savings and Loan 30 days if advice is filed within the first 10 such transcript in the application file. Offices (12 CFR Part 582) for the pur­ days stating that more time is needed to § 562.7 Action by Corporation. pose of making changes in the proce­ furnish additional information) after the dure used to process applications for date of this publication. The application and The Corporation’s approval of an ap­ branch offices, which changes are de­ all communications in favor or in protest plication for insurance of accounts or of thereof are available for inspection by in­ signed to simplify such procedure and terested persons at the aforesaid office of a request for a commitment to insure to expedite the decisional process on the Supervisory Agent. accounts may be conditioned by the Cor­ such applications. Accordingly, the poration upon submission of evidence Board hereby proposes to amend Part _(b) Filing of communications by satisfactory to the Corporation that the 582 by revising § 582.1 thereof, to read others. Within 10 days (or within 30 applicant has complied in a manner sat­ as follows: days if advice is filed within the first 10 isfactory to the Corporation with such days stating that more time is needed to conditions as are demed necessary to § 582.1 Branch offiee. lurnish additional information) after the enable the applicant to qualify for in­ (a) General provisions. (1) An asso­ date of publication of said notice, any surance. Failure by an applicant to com­ ciation shall not establish a branch of­ Parson may file, at the office of the Super­ ply with conditions imposed by the Cor­ fice in the District of Columbia without visory Agent designated in the notice, poration within the time fixed for such prior written approval by the Board and ommunications, including briefs, in compliance, or within any extended time an association which it incorporated or javor or in protest of the application. In as the Corporation may fix, will result organized under the laws of the Dis­ nrV V?nt 8117 communication is filed in in the withdrawal of the conditional ap­ trict of Columbia shall not establish a mn*«!0* aPPlication, the applicant proval. Any subsequent application from branch office elsewhere without prior 3 “ e information relevant to such such applicant shall be treated in the written approval by the Board. Deter­ protest within 15 days after the last same manner as a new application. mination by an association to make an

FEDERAL REGISTER, VO L 34, NO. 208— WEDNESDAY, OCTOBER. 29,. 1969 17458 PROPOSED RULE MAKING application for permission to establish to be served by it; (2) there is a reason­ Title 12 (Banks and Banking) of the Code a branch office shall be evidenced by a able probability of usefulness and success of Federal Regulations, the_„__------resolution duly adopted by the associa­ of the proposed branch office; and (3) _ Association — _,,— ______tion’s board of directors. The making, the proposed branch office can be estab­ has filed an application with the Federal filing, and processing of, and action on, lished without undue injury to properly Home Loan Bank Board for permission to an application for permission to estab­ conducted existing local thrift and home­ estabUsh a branch office at, or in the im ­ lish a branch office shall be in accord­ financing institutions. The application mediate vicinity of_____ —:------;_____ ance with this section. shall include an estimate of the annual (2) All requests by an association for income and expenses of the proposed (Street address) (City) advice or instruction with respect to any branch office and of the annual volume (State) matter arising under this section shall of business to be transacted by it, and a The application has been delivered to the be addressed to the Board’s Supervisory statement of the functions to be per­ office of the Supervisory Agent of the said Agent. All recommendations by Super­ formed at such office and of the person­ Board, located at the Federal Home Loan visory Agents and by officers and em­ nel and office facilities to be provided for Bank o f ______.______, ployees of the Board in connection with the operation of the office. An application (City) (Street address) branch office applications shall be shall be deemed to be complete when the deemed to be privileged and confidential foregoing requirements of this para­ (City) and subject to the provisions of § 505.6 graph (c) have been met. Any person may file communications, in­ of this chapter. (d) Filing of application; proposed cluding briefs, in favor or in protest of said application at the aforesaid office of the (b) Eligibility. No application for per­ budget. An application for permission to Supervisory Agent within 10 days (or within mission to establish a branch office by an establish a branch office shall be filed 30 days if advice is filed within the first 10 association shall be considered or pro­ with the Board by delivering two copies days stating that more time is needed to cessed, except to determine the associa­ thereof, together with two copies of all furnish additional information) after the tion’s eligibility under the provisions of supporting information, to the Super­ date of this publication. The application, this paragraph (b), if, at the date on visory Agent. In addition to and con­ together with all communications in favor which such application is filed with the currently with the filing of such applica­ or in protest thereof, are available for in­ Board: tion and supporting information, the spection by interested persons at the afore­ (1) The association has not been in applicant shall deliver to the Supervisory said office of the Supervisory Agent. operation for a period of at least 3 years; Agent, for confidential use by the Board, (Association) (2) Less than 12 months have expired two copies of a proposed budget of the from the date of publication of the notice association. (2) Within 10 days (or within 30 days of application for the association’s most (e) Amendment of application; filing if advice is filed within the first 10 days recently approved branch, if not yet of additional information. After a com­ stating that more time is needed to fur­ opened; plete application for permission to estab­ nish additional information) after the (3) The association does not submit lish a branch office has been filed with date of publication of said notice, any in support of its application evidence the Board, and prior to the date of ad­ person may file, at the office of the giving reasonable assurance that the vice by the Supervisory Agent to the Supervisory Agent designated in the no­ proposed branch office, if approved, will applicant to publish notice of the filing tice, communications, including briefs, be opened within 21 months after the of the application pursuant to paragraph in favor or in protest of the application. date on which the application is filed, or, (g) of this section, the applicant may In tiie event any communication is filed if the proposed branch office is to be file additional information in support of in protest of the application, the appli­ located in a shopping center having not the application and may amend the ap­ cant may file information relevant to less than 400,000 square feet of shopping plication; after the date of such advice, such protest within 15 days after the space, within 36 months after such date; the applicant may not amend the appli­ last date for filing communications pur­ (4) The association has on file any cation or file any additional supporting suant to the preceding sentence or waive other application for permission to es­ information unless requested to do so the right to file such information. In­ tablish a branch office with respect to by the Supervisory Agent or otherwise by formation may be submitted in connec­ which action by the Board is pending; or on behalf of the Board. tion with an application only as pro­ (5) A period of at least 9 months has (f) Supervisory objection. No appli­ vided in this section, unless additional not elapsed since disapproval by the cation for permission to establish a information is requested by the Super­ Board of an application by the associa­ branch office shall be approved if, in the visory Agent or otherwise by or on be­ tion for permission to establish a branch opinion of the Board, the policies, con­ half of the Board. office to serve any substantial part of the dition, or operation of the applicant (3) Promptly after publication of the same savings service area as determined association afford a basis for supervisory notice, the applicant shall transmit two by the Supervisory Agent; or objection to the application. copies thereof to the Supervisory Agent (6) The sum of reserves and surplus is (g) Processing of application by accompanied by two copies of a publish­ less than 4 percent of savings accounts; Supervisory Agent; public notice; inspec­ er’s affidavit of publication. Provided, however, That the Board may, tion. (1) Upon determination by the (4) The application, together with all with respect to a particular application, Supervisory Agent that an application communications in favor or in protest determine to consider and process that for permission to establish a branch of­ thereof, shall be available at the office application without regard to the eligi­ fice is complete, that the association is of the Supervisory Agent during regular bility requirements contained in subpar­ eligible, and if it has been preliminarily working hours for inspection by inter­ agraphs (2) and (4) of this paragraph. determined that there is no basis for ested persons after the issuance to the (c) Application form; supporting in­ supervisory objection to approval of the applicant of advice to publish a notice. formation. An application for permission application, the Supervisory Agent shall Prior thereto, the application and the to establish a branch office shall be in advise the applicant, in writing, to pub­ fact that it has been filed shall be held form prescribed by the Board. An associ­ lish, within 15 days from the date of such as confidential. ation may obtain from the Supervisory advice, in a newspaper printed in the (h) Oral argument—(1) General pro­ Agent the prescribed application form English language and having general visions. Ordinarily, an application for and “Outline of Information to be Sub­ circulation in the community to be permission to establish a branch office mitted in Support of an Application for served by the proposed branch office, a will be considered without oral argu­ Permission to Establish (Maintain) a notice of the filing of the application in ment. However, if the Supervisory Agent, Branch Office.” Information shall be the following form: after review of the application and other furnished in support of the application in Notice o p P il in g op Branch Office pertinent information, considers it de­ accordance with such outline designed to Applica tion sirable to have oral argument on the show: (1) There is a necessity for the Notice is hereby given that, pursuant to merits of the application, he shall mail proposed branch office in the community the provisions of § 582.1 of Chapter V (E), a notice, fixing the time and place for

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, Î969 PROPOSED RULE MAKING 17459 such oral argument, to the applicant and (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. ceedings for the purpose of redefining the to all persons who have filed communica­ 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, limits of the New York, N.Y., commercial tions in favor or in protest of the appli­ 3 CFR, 1943-1948 Comp. p. 1071) zone which were most recently defined cation. Such oral argument shall be Resolved further that interested per­ on November 17, i961, in New York, N.Y., scheduled not less than 10 days after the sons are invited to submit written data, commercial zone, 88 M.C.C. 336 at page mailing of such notice. views, and arguments to the Office of 341 (49 CFR 1048.1) so as to include (2) Procedure. The oral argumentthe Secretary, Federal Home Loan Bank therein two specified areas located in with respect to any such application may Board, 101 Indiana Avenue NW., Wash­ Newark, N.J., at which petitioner op­ be made in person or by authorized rep­ ington, D.C., by November 28, 1960, as erates and maintains rail freight yards. resentatives, but the oral argument to whether this proposal should be Specifically, petitioner seeks to include should be based on written information adopted, rejected or modified. Written within the zone points in Newark, N.J., which has been filed in connection with material submitted will be available for within areas: (a) Bounded on the north the application and should not include public inspection at the above address by South Street and Delancey Street, on new information. Unless the Supervisory unless confidential treatment is re­ the east by Dor emus Avenue, on the Agent in his discretion considers it de­ quested or the material would not be south by the freight right of way of sirable to allow a longer time, he shall made available to the public or otherwise Penn Central Co. (Waverly Yard, allow not more than 1 hour for oral ar­ disclosed under § 505.6 of the general Newark, N.J., to Greenville Piers, Jersey, gument in favor of an application and regulations of the Federal Home Loan City, N.J., line), and on the west by the not more than 1 hour for all oral argu­ Bank Board (12 CFR 505.6). Penn Central Co. Hunter Street produce ment against an application. The Super­ By the Federal Home Loan Bank yard; and (b) bounded on the north by visory Agent shall have a transcript made Poinier Street, on the east by Broad of any oral argument and shall include Board. Street, on the south by the passenger such transcript in the application file. [seal] J ack Carter, right of way of the Penn Central Co. (i) Branch office incidental to merger. Secretary. Main Line, and on the west by Freling- No association shall maintain in the Dis­ [F.R. Doc. 69-12869; Filed, Oct. 28, 1969; huysen Avenue. trict of Columbia any office of another 8:46 am.] No oral hearing is contemplated at this institution which is hereafter absorbed time, but anyone wishing to make repre­ by merger, and no association which is sentations in favor of, or against, the incorporated or organized under the laws above-proposed revision of the limits of of the District of Columbia shall main­ INTERSTATE COMMERCE the New York, N.Y., commercial zone, tain any office of another institution may do so by the submission of written which is hereafter absorbed by merger, data, views, or arguments. An original without prior written approval by the COMMISSION and seven copies of such data, views, or Board of an application by the associa­ [ 49 CFR Part 1048 1 arguments shall be filed with the Com­ tion for permission to maintain such [No. MC-C-2] mission on or before December 1, 1969. office. Such application shall be in form Each such statement should include a prescribed by the Board and shall be NEW YORK, N.Y. COMMERCIAL statement of position with respect to the processed in accordance with the provi­ ZONE proposed revision, and a copy thereof sions of this section with respect to ap-. should be served upon petitioners’ plications for permission to establish a Redefinition of Limits branch office, with the following representative. exceptions: October 24, 1969. Notice to the general public of the (1) The provisions of this section with Redefinition of the limits of the New matter herein under consideration will respect to public notice shall be applica­ York, N.Y., commercial zone heretofore be given by depositing a copy of this ble only in cases in which it is so deter­ defined in No. MC-C-2 New York, N.Y., notice in the Office of the Secretary of mined by or on behalf of the Board, and commercial zone, embracing Ex Parte the Commission for public inspection the Supervisory Agent shall not advise No. MC-37, New York, N.Y., commercial and by filing a copy thereof with the an applicant association to publish no­ zone, 88 M.C.C. 336, Petitioner: Lehigh Director, Office of the Federal Register. tice pursuant to paragraph (g) of this Valley Railroad Co., Petitioner’s repre­ By the Commission. section unless so instructed by or on be­ sentative: Richard D. Lalanne, 140 Cedar half of the Board; and Street, New York, N.Y. 10006. [ seal] H. N eil Garson, (2) The eligibility requirements of By petition filed July 2, 1969, the Secretary. paragraph (b) of this section shall not above-named petitioner requests the [F.R. Doc. 69-12884; Filed, Oct. 28, 1969; be applicable to such application. Commission to reopen the above pro­ 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17460 Notices

The determination of the Secretary on This statement is made as of Octo­ DEPARTMENT OF THE TREASURY the application will be published in the ber 11,1969. Federal Register. A separate notice will Dated: October 13,1969. Comptroller of the Currency be sent to each interested party of record. INSURED BANKS If circumstances warrant, a public Carrol M. B ennett. hearing will be held at a convenient time [F.R. Doc. -69-12856; Filed, Oct. 28, 1969; Joint Call for Report of Condition and place, which will be announced. 8:45 a.m.]. Cross R eference: For a document re­ P rincipal, Meridian, Montana lating to a joint call for report of condi­ T.6N..R.5W, LAYTON E. KINCANNON tion of insured banks, see F.R. Doc. Sec. 22, lots 4, 5, 7, 8, 9, and 10, Tract 40, 69-12864, Federal Deposit Insurance Cor­ Statement of Changes in Financial poration, infra. Sec. 23, lots 12, 13, 14, 15, 16, 17, 18, 19, and Interests 20 ; Sec. 24, lots 1,2, and 3; In accordance with the requirements Sec. 25, lots 2 and3, SW ^NE^, N»/2SE}4. of section 710(b) (6) of the Defense Pro­ DEPARTMENT OF THE INTERIOR The area described aggregates approxi­ duction Act of 1950, as amended, and mately 920 acres in Jefferson County. Executive Order 10647 of November 28, Bureau of Land Management 1955, the following changes have taken K enneth J. S ire, [Montana 13977] place in my financial interests during the Acting Land Office Manager. past 6 months: MONTANA [F.R. Doc. 69-12854; PUed, Oct. 28, 1969; (1) None. Notice of Proposed Withdrawal and 8:45 ajn.] (2) Purchases: Datatron Processing, Ralph M. Parsons Oo. Sales: Rank Organization, Reservation of Lands Ltd., Squibb-Beech Nut. October 20, 1969. NEW MEXICO (3) None. (4) None. The Department of Transportation, on Modification of Certain Grazing behalf of the Montana Highway Com­ Districts; Correction This statement is made as of Octo­ mission, has filed application, M 13977, ber 8,1969. for the withdrawal of the lands described October 22,1969. below, from location and entry under the In F.R. Doc. No. 69-11009 (34 F.R. Dated: October 9,1969. mining laws, subject to existing valid 14441-14444), in the issue of September L ayton E. K incannon. claims. 16, 1969, the following corrections are [F.R. Doc. 69-12857; Filed, Oct. 28, 1969; The applicant desires the land for pro­ hereby made: 8:45 ajn.] posed highway construction. It is esti­ At page 14443, near the bottom of the mated the period of withdrawal will not middle column, between “secs. 26 to 35, exceed 4 years. inclusive” and “T. 18 S., R. 2 E.,” add MAXWELL S. McKNIGHT For a period of 30 days from the date the following: Statement of Changes in Financial of publication of this notice, all persons T. 22 S., R. 1 E., who wish to submit comments, sugges­ Sec. 4, lots 4, 5, 6, 7, Ei/2NW}4, SW&NW&, Interests tions, or objections in connection with andNWy4SWy4; In accordance with the requirements the proposed withdrawal may present Sec. 5; of section 710(b) (6) of the Defense Pro­ their views in writing to the undersigned Sec. 6, lots 1, 2, 6, 7, 8, and S^NE]4; duction Act of 1950, as amended, and officer of the Bureau of Land Manage­ Sec. 8, lot 1; Sec. 9, lot 1. Executive Order 10647 of November 28, ment, Department of the Interior, 316 1955, the following changes have taken North 26th Street, Billings, Mont. 59101. At page 14444, paragraph 2, under “T. place in my financial interests during the The Department’s regulations (43 CFR 19 S., R. 18 E.,” change “secs. 29 to 33, past 6 months: 2311.1-3 (c) ) provide that the authorized inclusive” to “secs. 29 to 32, inclusive.” officer of the Bureau of Land Manage­ (1) None. ment will undertake such investigations J ohn O. Crow, (2) Delete Tricontinental Oorp. Associate Director. (3) None. as are necessary to determine the exist­ (4) None. ing and potential demand for the lands [F.R. Doc. 69-12855; Filed, Oct. 28, 1969; and their resources. He will also under­ 8:45 a.m.] This statement is made as of Octo­ take negotiations with the applicant ber 6,1969. agency with the view of adjusting the ap­ Dated: October 10,1969. plication to reduce the area to the mini­ Office of the Secretary Maxwell S. M cKnight. mum essential to meet the applicant’s CARROL M. BENNETT needs, to provide for the maximum con­ [F.R. Doc. 69-12858; Filed, Oct. 28, 1969; current utilization of the lands for pur­ Statement of Changes in Financial 8:45 a.m.] poses other than the applicant’s, to elimi­ Interests nate lands needed for purposes more essential than the applicant’s, and to In accordance with the requirements EMMETT A. VAUGHEY reach agreement' on the concurrent of section 710(b) (6) of the Defense Pro­ duction Act of 1950, as amended, and Statement of Changes in Financial management of the lands and their Interests resources. Executive Order 10647 of November 28, The authorized officer will also prepare 1955, the following changes have taken In accordance with the requirements place in my financial interests during the a réport for consideration by the Secre­ of section 710(b) (6) of the Defense Pro­ past 6 months: duction Act of 1950, as amended, ana tary of the Interior who will determine (1) Purchased : Research Cottrell. Executive Order 10647 of November 2», whether or not the lands will be with­ (2) None. 1955, the following changes have taken drawn as requested by the applicant (3) None. place in my financial interests during agency. (4) None. the past 6 months:

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 NOTICES 17461 (1) None. the foregoing proposed findings and con­ (2) Purchased: Herff & Jones. CIVIL AERONAUTICS BOARD clusions and fix, determine, and publish (3) None. the final rate specified above for the (4) None. [Docket No. 21469; Order 69-10-117] transportation of mail by aircraft, the This statement is made as of Septem­ COMBS AIRWAYS, INC. facilities used and useful therefor, and ber 15,1969. the services connected therewith as Order To Show Cause Dated: October 8,1969. specified above as the fair and reasonable Issued under delegated authority rate of compensation to be paid to Emmett A. Vaughey. October 24, 1969. Combs Airways, Inc.; [F.R . Doc. 69-12859; Piled, Oct. 28, 1969; The Postmaster General filed a notice 2. Further procedures herein shall be 8:45 a.m.] of intent September 29, 1969, pursuant in accordance with 14 CFR Part 302, and to 14 CFR Part 298, petitioning the notice of any objection to the rate or to Board to establish for the above cap­ the other findings and conclusions pro­ tioned air taxi operator, a final service posed herein, shall be filed within 10 DEPARTMENT OF HEALTH, EDU­ mail rate of 43.46 cents per great circle days, and if notice is filed, written an­ aircraft mile for the transportation of swer and supporting documents shall be CATION, AND WELFARE mail by aircraft between Havre, jGreat filed within 30 days after service of this Falls, Helena, and Billings,'Mont. order; Food and Drug Administration No protest or objection was filed 3. If notice of objection is not filed [Interregional Research Project 4] against the proposed services during the within 10 days after service of this order, time for filing such objections. The Post­ or if notice is filed and answer is not filed DR. C. C. COMPTON master General states that the Depart­ within 30 days after service of this order, ment and the carrier agree that the all persons shall be deemed to have Notice of Filing of Petition for Food waived the right to a hearing and all Additives above rate is a fair and reasonable rate of compensation for the proposed serv­ other procedural steps short of a final Pursuant to the provisions of the Fed­ ices. The Postmaster General believes decision by the Board, and the Board may eral Food, Drug, and Cosmetic Act (sec. these services will meet postal needs in enter an order incorporating the find­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 the market. He states the air taxi plans ings and conclusions proposed herein and (b)(5)), notice is given that a petition to initiate mail service with Aero Com­ fix and determine the final rate specified (FAP OH2467) has been filed by Dr. mander, Model 500-B twin-engine air­ herein; C. C. Compton, Interregional Research craft equipped for all-weather operation 4. If answer is filed presenting issues Project No. 4, State Agricultural and and submits cost data in support of the for hearing, the issues involved in deter­ Experiment Station, Rutgers University, proposed rate. mining the fair and reasonable final rate New Brunswick, N.J. 08903, proposing It is in the public interest to fix, de­ shall be limited to those specifically the establishment of a tolerance (21 termine, and establish the fair and rea­ raised by the answer, except insofar as CFR 121.1172) of 1 part per million for sonable rate of compensation to be paid other issues are raised in accordance with residues of the insecticide malathion in by the Postmaster General for the pro­ Rule 307 of the rules of practice (14 CFR or on dried hops. Such residues would posed transportation of mail by aircraft, 302.307); and result from application of the insecti­ the facilities used and useful therefor, 5. This order shall be served upon cide to the growing raw agricultural and the services connected therewith, Combs Airways, Inc., the Postmaster commodity hops as proposed by the sub­ between the aforesaid points. Upon con­ General, Northwest Airlines, Inc., West­ ject petitioner in a pesticide petition sideration of the notice of intent and ern Air Lines, Inc., Air West, Inc., and submitted under section 408(e) of the other matters officially noticed, it is pro­ Frontier Airlines, Inc. act. posed to issue an order1 to include the This order will be published in the Dated: October 22, 1969. following findings and conclusions: F ederal R egister. * * * * * R. E. D uggan, [seal] H arold R. S anderson, Acting Associate Commissioner The fair and reasonable final service Secretary. for Compliance. mail rate to be paid to Combs Airways, [F.R. Doc. 69-12879; Filed, Oct. 28, 1969; Inc., in its entirety by the Postmaster 8:47 a.m.] [PR. Doc. 69-12853; Piled, Oct. 28, 1969; General pursuant to section 406 of the 8:45 a.m.] Act for the transportation of mail by aircraft, the facilities used and useful [Docket No. 20522; Order 69-10-111] DOW CHEMICAL CO. therefor, and the services connected therewith, shall be 43.46 cents per great INTERNATIONAL AIR TRANSPORT Notice of Filing of Petition for Food circle aircraft mile between Havre, Great ASSOCIATION Additives Falls, Helena, and Billings, Mont." Order Expanding Issues Pursuant to the provisions of the Fed­ Accordingly, pursuant to the Federal eral Food, Drug, and Cosmetic Act (sec. Aviation Act of 1958, and particularly Adopted by the Civil Aeronautics 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348 sections 204(a) and 406 thereof, and Board at its office in Washington, D.C., notice is given that a petition regulations promulgated in 14 CFR Part on the 23d day of October, 1969. (FAP OH2466) has been filed by The Dow 302, 14 CFR Part 298, and 14 CFR Agreements adopted by the Interna­ Chemical Co., Post Office Box 512, Mid- 385.14(f), tional Air Transport Association (IATA) *an<*> Mich. 48640, proposing that § 121.- It is ordered, That: relating to North Atlantic Cargo rates. 1225 Adjuvants for pesticide use dilu­ 1. Combs Airways, Inc., the Postmas­ By Order 69-3-47, dated March 13, tions (21 CFR 121.1225) be amended to ter General, Northwest Airlines,' Inc., 1969, the Board instituted an investiga­ Provide for the safe use of crosslinked Western Air Lines, Inc., Air West, Inc., tion as to whether the relationship of ^crylamide-acrylic acid resin as an ad­ Frontier Airlines, Inc., and all other in­ North Atlantic air cargo rates or charges juvant for making pesticide use dilutions terested persons are directed to show of IATA carriers between European by a grower or applicator prior to cause why the Board should not adopt points and New York City, compared application to the raw agricultural with, such rates or charges between commodity. 1 As this order to show cause is not a final European points and Baltimore, Md., action but merely affords interested persons Dated: October 22,1969. an opportunity to be heard on the matters and/or Washington, D.C., causes any un­ R. E. D uggan, herein proposed, it is not regarded as subject due or unreasonable preference or ad­ Acting Associate Commissioner to the review provisions of Part 385 (14 CFR vantage to any person, port, locality, or Part 385). These provisions for Board review for Compliance. will be applicable to final action taken by the description of traffic, or subjects any per­ lpR. Doc. 69-12852; Plied, Oct. 28, 1969; staff under authority delegated in § 385.14 son, port, locality, or description of traf­ 8:45 a.m.] (g). fic to any unjust discrimination or any

FEDERAL REGISTER, VOL. 34, NO. 208— WFDNESDAY, OCTOBER 29, 1969 17462 NOTICES undue or unreasonable prejudice or dis­ is presented with respect to all North in scheduled intrastate air transporta­ advantage, and whether IATA resolu­ Atlantic gateways for cargo traffic, and tion pursuant to certificates issued by the tions establishing such rates or charges that the investigation ordered by Order State of California, the Postmaster Gen­ are adverse to the public interest or in 69-3-47 will not be unduly burdened by eral has asked that the Board establish violation of the Federal Aviation Act of expansion thereof to include other North service mail rates for the air transporta­ 1958.1 Subsequently, by Order 69-4-139, Atlantic gateways. We have therefore tion of mail between Sacramento, Los dated April 30,1969, the investigation was determined to grant the motions to ex­ Angeles, and San Diego, Calif, For pri­ expanded to include the question of pref­ pand the issues herein. ority mail the Postmaster General has erence or prejudice involved as between We will name as parties to this investi­ requested the final rates and conditions New York and the cities of Philadelphia gation the additional carriers participat­ set forth in Order E-25610, as amended. and Boston. ing in cargo service on the North Atlan­ In the case of nonpriority mail he re­ On September 12,1969, a motion to ex­ tic between European points on the one quests the temporary rates and condi­ pand the issues was filed by the Detroit hand and either Detroit, Chicago, and tions established in Order E-17255, as ♦ Aviation Commission of the city of Cleveland and one of the other gateways, amended, subject to the proceedings in Detroit, the Board of County Road Com­ on the other, by participation in through Docket 18381. missioners of the county of Wayne, service pursuant to joint rates including The rates requested are the same do­ Mich., and the Greater Detroit Chamber United States carriers participating in mestic multi-element priority and non­ of Commerce (Detroit parties), seeking such through service only on domestic priority service mail rates which apply to have the investigation expanded to segments.3 to all certificated route carriers includ­ include the relationship of rates between Accordingly, pursuant to the provi­ ing Air West, Inc., for its service between European points and Detroit as compared sions of the Federal Aviation Act, and these points which it will terminate on with the New York-European rates. The particularly sections 204, 404(b), 412, October 25,1969. Detroit parties allege, inter alia, that the 414, and 1002(f) thereof, By Order 69-10-114, October 24, 1969, Detroit area is subject to a rate dif­ L Ordering paragraph 1 of Order 69- in Docket 21529, the Board granted ex­ ferential over New York ranging from 3-47, as amended by Order 69-4-139, is emption from the provisions of title IV 12 to 26 percent with respect to London further amended by inserting after of the Federal Aviation Act to permit for traffic moving under both specific “Boston, Massachusetts,” therein the PSA to transport mail between Sacra­ and general commodity rates, although words “and/or Detroit, Michigan, and/ mento, Los Angeles, and San Diego, Calif., the distance from London to Detroit is or Chicago, Illinois, and/or Cleveland, during the period 10:30 p.m. to 3:30 am., only 9.1 percent greater than from Ohio.” as requested and supported by the Post­ London to New York. They further allege 2. Copies of this order shall be served master General. that the transatlantic cargo rate struc­ upon the Detroit Aviation Commission of In accordance with the terms and con­ ture established by IATA agreements dis­ the city of Detroit, the Board of County ditions set forth in that order, the Board criminates against Detroit and prefers Road Commissioners of the county of finds it in the public interest to fix and New York/Boston; that the small mileage Wayne, Mich., the Greater Detroit determine the fair and reasonable rates differentials to Detroit are too insignifi­ Chamber of Commerce, the city of Chi­ of compensation to be paid to Pacific cant to support the rate differentials be­ cago, the Chicago Association of Com­ Southwest Airlines, Inc., by the Post­ tween the points involved; and that there merce and Industry, the city of Cleve­ master General for the air transportation is no justification for this discrimination land, the Greater Cleveland Growth of mail, and the facilities used and useful in rates. The Detroit parties contend that Association. Ozark Air Lines, Inc., and therefor, and the services connected future rates should be established based The United Arab Airlines Co., which are therewith, between San Diego and Sacra­ upon a mileage differential over and hereby made parties to this proceeding, mento, Calif., via Los Angeles, Calif. above the New York, Montreal, or Boston and upon all other parties to this pro­ Upon consideration of the request of gateways and that Detroit’s differential ceeding. the Postmaster General, and other mat­ should reflect no more than the actual ters officially noticed, the Board pro­ This order will be published in the poses to issue an order to include the fol­ mileage involved. F ederal R egister. On September 22,1969, a motion to ex­ lowing findings and conclusions: pand the issues was filed by the city of By the Civil Aeronautics Board. 1. The fair and reasonable final serv­ ice mail rates to be paid to Pacific South­ Chicago and the Chicago Association of [seal! H arold R. S anderson, Commerce and Industry (Chicago par­ Secretary. west Airlines, Inc., pursuant to section ties) and on October 3, a similar motion 406 of the Act, for the transportation of [FJR. Doc. 69-12880; Filed, Oct. 28. 1969; priority mail by aircraft, the facilities was filed by the city of Cleveland and the 8:47 a.m.] Greater Cleveland Growth Association used and useful therefor, and the services (Cleveland parties). Both the Chicago connected therewith between Sacra­ parties and the Cleveland parties simi­ [Docket Nos. 21527, etc.; Order 69-10-115] mento, Los Angeles, and San Diego, larly maintain that the existing rates Calif., shall be the rates established by unfairly prefer New York because the PACIFIC SOUTHWEST AIRLINES, INC., the Board in Order E-25610, August 28, mileage differentials do not justify the ET AL. 1967, and shall be subject to the other increased charges to the interior cities. provisions of that order; No answers to the motions have been Order To Show Cause 2. The fair and reasonable temporary filed. Adopted by the Civil Aeronautics service mail rates to be paid Pacific The Board, in Order 69-4-139, con­ Board at its office in Washington, D.C., Southwest Airlines, Inc., pursuant to cluded that the same issues of discrimi­ on the 24th day of October 1969. section 406 of the Act for the transporta­ nation were presented for the Northeast The establishment of service mail rates tion of nonpriority mail by aircraft, the gateways of Philadelphia and Boston for Pacific Southwest Airlines, Inc., facilities used and useful therefor, and vis-a-vis New York as were presented Dockets Nos. 21527, 21529; Domestic the services connected therewith between with respect to Baltimore/Washington Service Mail Rate Case, Docket No. Sacramento, Los Angeles, and San Diego, in the originally ordered investigation. 16349; Nonpriority Mail Rates, Docket Calif., shall be the rates established by Upon further consideration of this issue, No. 18381. the Board in Order E-17255, July 31, and particularly in light of the instant By petition filed October 15, 1969, on 1961, as amended, subject to any retro­ motions to expand, we have concluded behalf of Pacific Southwest Airlines, Inc. active adjustment made in Docket 18381; that the same basic discrimination issue (PSA), a California corporation engaged 3. The service mail rates here fixed and determined are to be paid entirely by the Postmaster General. 1 The Board considers that all revisions to 3 We will also name as a party to this the North Atlantic air cargo rate structure Investigation The United Arab Airlines Co., Accordingly, pursuant to the Federal or IATA resolutions pertaining to the rela­ an IATA carrier which has inaugurated serv­ Aviation Act of 1958, and particularly tionship to the designed cities are within the ice from European points to New York sub­ sections 204(a) and 406 thereof, and reg­ scope of the investigation. sequent to Orders 60-3-47 and 69-4-139. ulations promulgated in 14 CFR Part 302.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 NOTICES 17463

It is ordered, T hat: partment of Commerce Auditorium, on the State Member Banks of the Federal 1. All interested persons and particu­ 14th Street NW„ between E Street and Reserve System,” dated June 1969.1 The larly Pacific Southwest Airlines, Ihc., Constitution Avenue, Washington, D.C. original Report of Condition required the Postmaster General, Air West, Inc., Dated this 22d day of October 1969. to be furnished hereunder to the Federal American Airlines, Inc., Delta Air Lines, Deposit Insurance Corporation shall be Inc., National Airlines, Inc., United Air For the Board. prepared in accordance with “Instruc­ tions for the preparation of Report of Lines, Inc., and Western Air Lines, Inc., [seal] John H. R eed, are directed to show cause why the Board Chairman. Condition on Form 64, by insured State should not adopt the foregoing proposed banks not members of the Federal Re­ findings and conclusions and fix, deter­ [F.R. Doc. 69-12896; Filed, Oct. 28, 1969; serve System,” dated June 1969.1 mine, and publish the final and 8:48 a.m.] Each insured mutual savings bank not temporary rates specified above, as the a member of the Federal Reserve System fair and reasonable rates of compensa­ shall make its original1 Report of Condi­ tion to be paid to Pacific Southwest Air­ tion on FDIC Form 64 (Savings) ,* lines, Inc., for the transportation of FEDERAL DEPOSIT INSURANCE prepared in accordance with “Instruc­ priority and nonpriority mail by air­ tions for the preparation of Report of craft, the facilities used and useful there­ CORPORATION Condition on Form 64 (Savings) and Re­ for, and the services connected therewith INSURED BANKS port of Income and Dividends on Form as specified above; 73 (Savings) by Mutual Savings Banks,” 2. Further procedures herein shall be Joint Call for Report of Condition dated December 1962, and any amend­ in accordance with 14 CFR Part 302 and Pursuant to the provisions of section ments thereto,1 and shall send the same notice of any objection to the rates or 7(a)(3) of the Federal Deposit Insur­ to the Federal Deposit Insurance Cor. to the other findings and conclusions pro­ ance Act each insured bank is required poration. posed herein shall be filed within 3 days to make a Report of Condition as of the [seal] K. A. R andall, and if notice is filed, written answer and close of business October 21, 1969, to the Chairman, Federal Deposit supporting documents shall be filed appropriate agency designated herein, Insurance Corporation. within 10 days after service of this order; within 10 days after notice that such re­ 3. If no notice of objection is filed port shall1 be made; Provided, That if W illiam B. Camp, within 3 days after service of this such reporting date is a nonbusiness day Comptroller of the Currency. order, or if notice is filed and no answer for any bank, the preceding business day J. L. R obertson, is filed within 10 days after service of shall be its reporting date. Vice Chairman, Board of Gov­ this order, all persons shall be deemed Each national bank and each bank in ernors of the Federal Reserve to have waived the right to a hearing and the District of Columbia shall make its System. all other procedural steps short of a final original Report of Condition on Office of [F.R. Doc. 69-12864; Filed, Oct. 28, 1969; decision by the Board, and the Board the Comptroller Form, Call No. 471,1 and 8:46 a.m.] may enter an order incorporating the shall send the same to the Comptroller findings and conclusions proposed herein of the Currency, and shall send a signed and fix and determine the final and tem­ and attested copy thereof to the Federal porary rates specified herein; Deposit Insurance Corporation. Each in­ FEDERAL MARITIME COMMISSION 4. If answer is filed presenting issues sured State bank which is a member of for hearing, the issues involved in deter­ the Federal Reserve System, except a JAPAN-ATLANTIC & GULF FREIGHT mining the fair and reasonable final and bank in the District of Columbia, shah CONFERENCE temporary rates shall be limited to those make its original Report of Condition on specifically raised by the answer, except Federal Reserve Form 105—Call 193,1 Notice of Agreement Filed insofar as other issues are raised in ac­ and shall send the same to the Federal Notice is hereby given that the follow­ cordance with Rule 307 of the rules of Reserve Bank of the District wherein the ing agreement has been filed with the practice (14 CFR 302.307); bank is located, and shall send a signed Commission for approval pursuant to 5. This order shall be served upon and attested copy thereof to the Federal section 15 of the Shipping Act, 1916, as Pacific Southwest Airlines, Inc., the Deposit Insurance Corporation. Each in­ amended (39 Stat. 733, 75 Stat. 763, 46 Postmaster General, Air West, Inc., sured State Bank not a member of the U.S.C. 814). American Airlines, Inc., Delta Air Lines, Federal Reserve System, except a bank Interested parties may inspect and ob­ Inc., National Airlines, Inc., United Air in the District of Columbia and a mutual tain a copy of the agreement at the Lines, Inc., and Western Air Lines, Inc. savings bank, shall make its original Washington office of the Federal Mari­ This order will be published in the Report of Condition on FDIC Form time Commission, 1405 I Street NW., Federal Register. 64—Call No. 89,1 and shall send the same Room 1202; or may inspect agreements to the Federal Deposit Insurance at the offices of the District Managers, [seal] H arold R. S anderson, Corporation. New York, N.Y., New Orleans, La., and Secretary. The original Report of Condition re­ San Francisco, Calif. Comments with [F.R. Doc. 69-12881; Filed, Oct. 28, 1969'; quired to be furnished hereunder to the reference to an agreement including a 8:47 a.m.] Comptroller of the Currency and a copy request for hearing, if desired, may be thereof required to be furnished to the submitted to the Secretary, Federal Mar­ Federal Deposit Insurance Corporation itime Commission, Washington, D.C. DEPARTMENT OF shall be prepared in accordance with 20573, within 20 days after publication of “Instructions for preparation of Reports this notice in the F ederal R egister. A of Condition by National Banking Associ­ copy of any such statement should also TRANSPORTATION ations,” dated June 1969.1 The original be forwarded to the party filing the National Transportation Safety Board Report of Condition required to be fur­ agreement (as indicated hereinafter) nished hereunder to the Federal Reserve and the comments should indicate that [Docket No. SI-1 ] Bank of the District wherein the bank this has been done. m id a ir c o llis io n p r o b lem is located and the copy thereof required Notice of agreement filed by : Order of Hearing to be furnished to the Federal Deposit In­ Charles F. Warren, Esq., 1100 Connecticut surance Corporation shall be prepared in Avenue’NW., Washington, D.C. 20036. A public hearing is hereby ordered by accordance with “Instructions for the ~e National Transportation Safety Agreement No. 3103-39 between the Board in connection with the above preparation of Reports of Condition by member lines of the Japan-Atlantic and jnatter commencing at 9:30 a.m. (local Gulf Freight Conference, would give the time) on November 4, 1969, in the De­ 1 Filed as part of original document. Neutral Body authorized by Article 25

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—Pt. i ----- 7 17464 NOTICES of the basic agreement unlimited powers of the Federal Reserve System pursuant to investigate suspected or actual mal­ to section 3(a) (1) of the Bank Holding SECURITIES AND EXCHANGE practices upon its own initiative. As pres­ Company Act of 1956 (12 U.S.C. 1842 ently approved, the Neutral Body’s au­ (a) (1)) by First Connecticut Bancorp., COMMISSION thority to act upon its own initiative is Inc., Hartford, Conn., for prior approval limited. of the Board of action whereby applicant RAJAC INDUSTRIES, INC. would become a bank holding company Dated: October 24, 1969. through the acquisition of 100 percent of Order Suspending Trading By order of the Federal Maritime the voting shares of United Bank & Trust October 23, 1969. Commission. Co., Hartford; 80 percent or more of the It appearing to the Securities and Ex­ T homas Lisi, voting shares of the New Britain Na­ change Commission that the summary Secretary. tional Bank, New"Britain; and 100 per­ suspension of trading in the common [F.R. Doc. 69-12902; Filed, Oct. 28, 1969; cent of the voting shares of the Sims­ stock of Rajac Industries, Inc. (a New 8:49 a.m.] bury Bank & Trust Co., Simsbury, all in York corporation), and all other secu­ Connecticut. rities of Rajac Industries, Inc., being Section 3(c) of the act provides that PARR-RICHMOND TERMINAL CO. traded otherwise than on a national the Board shall not approve: securities exchange is required in the AND PETROMARK, INC. (1) Any acquisition or merger or con­ public interest and for the protection of Notice of Agreements Filed for solidation under section 3 which would investors; Approval result in a monopoly or which would be It is ordered, Pursuant to section 15 in furtherance of any combination or (c) (5) of the Securities Exchange Act Notice is hereby given that the follow­ conspiracy to monopolize or to attempt of 1934, that trading in such securities ing Agreements have been filed with the to monopolize the business of banking in otherwise than on a national securities Commission for approval pursuant to any part of the United States, or exchange be summarily suspended, this section 15 of the Shipping Act, 1916, as (2) Any other proposed acquisition or order to be effective for the period Octo­ amended (39 Stat. 733, 75 Stat. 763, 46 merger or consolidation under section ber 24, 1969, through November 2, 1969, U.S.C. 814). 3 whose effect in any section of the coun­ both dates inclusive. Interested parties may inspect and ob­ try may be substantially to lessen com­ By the Commission. tain a copy of the agreement at the petition, or to tend to create a monopoly, Washington office of the Federal Mari­ or which in any other manner would be [seal] Orval L. D uBois, time Commission, 1405 I Street NW., in restraint of trade, unless the Board Secretary. Room 1202, or may inspect agreements finds that the anticompetitive effects of [F.R. Doc. 69-12873; Filed, Oct. 28, 1969; at the offices of the District Managers, the proposed transaction are clearly out­ 8:46 a.m.] New York, N.Y., New Orleans, La., and weighed in the public interest by the San Francisco, Calif. Comments with probable effect of the transaction in reference to an agreement including a meeting the convenience and needs of the request for hearing, if desired, may be community to be served. SMALL BUSINESS submitted to the Secretary, Federal Section 3(c) further provides that, in Maritime Commission, Washington, D.C. every case, the Board shall take into ADMINISTRATION 20573, within 20 days after publication consideration the financial and man­ of this notice in the F ederal R egister. A [Delegation of Authority 30-6 (Southwestern agerial resources and future prospects Area), Disaster No. 734] copy of any such statement should also of the company or companies and the be forwarded to the party filing the MANAGER, DISASTER BRANCH agreement (as indicated hereinafter), banks concerned, and the convenience and the comments should indicate that and needs of the community to be OFFICE, SLIDELL, LA. this has been done. served. Recision of Delegation of Authority Notice of agreements filed for approval Not later than thirty (30) days after Notice is hereby given that Delegation by: the publication of this notice in the of Authority No. 30-6, Disaster No. 734, Mr. Merritt L. Hewitt, Manager, Commercial F ederal R egister, comments and views 34 F.R. 13957, is hereby rescinded in its Division, Parr-Richmond Terminal Co., entirety. 402 Wright Avenue, Richmond, Calif. regarding the proposed acquisition may 94804. be filed with the Board. Communica­ Effective date: October 10, 1969. tions should be addressed to the Secre­ Agreements Nos. T-670-1, T-1900-1 R obert E. W est, and T-1987-1, between Parr-Richmond tary, Board of Governors of the Fed­ Area Administrator, Dallas, Tex. Co. and Petromark, Inc., modify the basic eral Reserve System, Washington, D.C. [F.R. Doc. 69-12874; Filed, Oct. 28, 1969; agreements which provide for the lease 20551. The application may be in­ 8:47 a.m.] of certain premises in Richmond, Calif. spected at the office of the Board of The purpose of the modifications is to Governors or the Federal Reserve Bank extend the terms of the agreements from [Delegation of Authority No. 30 (Rev. 12) of Boston. Arndt. 9] a date in 1973 to October 17, 1976. Dated at Washington, D.C., this 22d AREA ADMINISTRATORS Dated: October 24, 1969. day of October 1969. Delegation of Authority to Conduct By order of the Federal Maritime By order of the Board of Governors. Commission. Program Activities in Field Offices T homas Lis i, [seal] R obert P. F orrestal, Delegation of Authority No. 30 (Revi­ Secretary. Assistant Secretary. sion 12) (32 F.R. 179), as amended <32 [F.r , Doc. 69-12903; Filed, Oct. 28, 1969; [F.R. Doc. 69-12871; Filed, Oct. 28, 1969; F.R. 8113, 33 F.R. 8793, 33 F.R. 17217. 8:49 a.m.] 8:46 a.m.] 33 F.R. 19097, 34 F.R. 5134, 34 F.R. lH 6f> 34 F.R. 12651, and 34 F.R. 14712), is hereby further amended by revising Item INSURED BANKS FEDERAL RESERVE SYSTEM I.A.2, to read as follows: Joint Call for Report of Condition * * * * * FIRST CONNECTICUT BANCORP., INC. Cross R eference : For a document re­ 1. Area Administrators—A. Financial Notice of Application for Approval of lating to a joint call for report of condi­ Assistance Program Acquisition of Shares of Banks tion of insured banks, see F.R. Doc. * * * * * Notice is hereby given that application 69-12864, Federal Deposit Insurance 2. To approve or decline disaster direct has been made to the Board of Governors Corporation, supra. and immediate participation loans up to FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 NOTICES 17465 the total SBA share of (a) $50,000 per Issued: October 24,1969. operating convenience only have been household for repairs or replacement of By order of the Commission. filed with the Interstate Commerce Com­ the home and/or not to exceed an addi­ mission, under the Commission’s Devia-, tional $10,000 allowable for household [seal] Willard W. K ane, tion Rules Revised, 1957 (49 CPR goods and personal items, but in no event Acting Secretary. 1042.1(c)(8)) and notice thereof to all may the money loaned for physical loss [F.R. Doc. 69-12894; Filed, O ct 28, 1969; interested persons is hereby given as or damage exceed $55,000 for a single 8:48 a.m.] provided in such rules (49 CFR 1042.1 disaster on home loans, except for funds f ( d ) (4)). to refinance prior liens or mortgages, [332-63] Protests against the use of any pro­ which may be approved in addition to the posed deviation route herein described foregoing limits for amounts up to STAINLESS-STEEL TABLE FLATWARE may be filed with the Interstate Com­ $50,000; and

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17466 NOTICES Terni., over U.S. Highway HE, for op­ lico, Tenn., over U.S. Highway 25W to way 90 (Berkshire Section-New York erating convenience only. The notice in­ Williamsburg, Ky., iand return over the Thruway) at Interchange No. B-l, and dicates that the carrier is presently same routes. return over the same routes, for operat­ ing convenience only. The notice indi­ authorized to transport the same com­ Motor Carrier of P assengers modities, over pertinent service routes cates that the carrier is presently au­ as follows: (1) From Knoxville, Tenn., No. MC 1515 (Deviation No. 532) (Can­ thorized to transport passengers and the over U.S. Highway 70 to junction Ten­ cels Deviation No. 204), GREYHOUND same property, over pertinent service nessee Highway 32 at Newport, Tenn., LINES, INC. (Eastern Division), 1400 routes as follows: (1) From Boston, thence over Tennessee Highway 32 to West Third Street, Cleveland, Ohio Mass., over U.S. Highway 20 via Worces­ junction Tennessee Highway 73 ; and (2) 44113, filed October 15,1969. Carrier pro­ ter, Mass., to Springfield, Mass, (also from Newport, Tenn., over U.S. Highway poses to operate as a common carrier, by from Boston over Massachusetts High­ 411 to Greenville, Tenn., and return over motor vehicle, of passengers and their way 9 to Worcester), and the same routes. baggage, and express and newspapers in (2) From Boston, Mass., over Massa­ No. MC 99208 (Sub-No. 3) (Deviation the same vehicle with passengers, over chusetts Highway 9 to Worcester, Mass, No. 2), SKYLINE TRANSPORTATION, deviation routes as follows: (1) From (also from Boston over U.S. High­ INC., 131 Quincy Avenue, Post Office Boston, Mass., over Interstate Highway way 20 via Northboro, Mass., to junction Box 3569, Knoxville, Tenn. 37917, filed 90 (Massachusetts Turnpike) to the unnumbered highway at a point approxi­ October 14, 1969. Carrier’s representa­ western terminus of the Massachusetts mately 1 mile southwest of Northboro, tive: Blaine Buchanan, 1024 James Turnpike (Interstate Highway 90) at Mass., thence over unnumbered highway Building, Chattanooga, Tenn. 37402. its junction with the eastern termi­ via Shrewsbury, Mass., to junction Carrier proposes to operate as a common nus of the Berkshire Section of the Massachusetts Highway 9 at a point ap­ carrier, by motor vehicle, of general com­ New York Thruway (Interstate High­ proximately 3 miles east of Worcester, modities, With certain exceptions, over way 90) at the Massachusetts New Mass., thence as specified above to a deviation route as follows: From New­ York State line, thence over' the Worcester), thence over Massachusetts port, Tenn., over U.S. Highway 25E to Berkshire Section of the New York Highway 12 to junction U.S. Highway 20, Morristown, Tenn., thence over U.S. Thruway to its junction with the New thence over U.S. Highway 20 via Fiskdale Highway 11E to Greeneville, Tenn., and York Thruway Main Line (Interstate to Springfield, Mass., thence over return over the same route, for operation Highway 87) at Interchange No. 21A Massachusetts Highway 116 to Holyoke, convenience only. The notice indicates (The Berkshire Connection Interchange, Mass., thence over U.S. Highway 202 to that the carrier is presently authorized near Selkirk, N.Y.); (2) from junction junction U.S. Highway 5, thence over U.S. to transport the same commodities, over Massachusetts Highway 9 and Massa­ Highway 5 to Northhampton, Mass., pertinent service route as follows: Be­ chusetts Highway 128 over Massachu­ thence over Massachusetts Highway 9 to tween Newport, Tenn., and Greeneville, setts Highway 128 to junction Interstate Pittsfield, Mass, (also from Springfield Tenn., over U.S. Highway 411. Highway 90 (Massachusetts Turnpike) over U.S. Highway 20 via West Spring- No. MC 99208 (Sub-No. 3) (Deviation at Interchange No. 14; (3) from junction field to Pittsfield, Mass.; also from West No. 3), SKYLINE TRANSPORTATION, U.S. Highway 20 and Massachusetts Springfield, Mass., over U.S. Highway 5 INC., 131 Quincy Avenue, Post Office Box Highway 128 over Massachusetts High­ to junction U.S. Highway 202 west of 3569, Knoxville, Tenn. 37917, filed Octo­ way 128 to junction Interstate Highway Holyoke, Mass.), thence over U.S. High­ ber 14, 1969. Carrier’s representative: 90 (Massachusetts Turnpike) at Inter­ way 20 to Albany, N.Y., and return over Blaine Buchanan, 1024 James Building, change No. 14; (4) from Framingham the same routes. Chattanooga, Tenn. 37402. Carrier pro­ Center, Mass., over Massachusetts High­ No. MC 114271 (Deviation No. 7), poses to operate as a common carrier, way 30 to junction access road, thence CONTINENTAL CRESCENT LINES, by motor vehicle, of general commodities, over access road to Interchange No. 13 INC., Post Office Box 8435, Jackson, Miss. with certain exceptions, over a deviation of Interstate Highway 90 (Massachusetts 39204, filed October 13, 1969. Carrier route as follows: Between Piemont, Turnpike); (5) from Framingham Cen­ proposes to operate as a common carrier, Tenn., and Newport, Tenn., over Inter­ ter, Mass., over Massachusetts Highway by motor vehicle, of passengers and their state Highway 40, for operating con­ 9 to Interchange No. 12 of Interstate baggage, and express and newspapers in venience only. The notice indicates that Highway 90 (Massachusetts Turnpike); the same vehicle with passengers, over the carrier is presently authorized to (6) From Worcester, Mass., over Mas­deviation route as follows: From Atlanta, transport the same commodities, over a sachusetts Highway 122 to junction ac­ Ga., over Interstate Highway 85 to junc­ pertinent service route as follows: From cess road, thence over access road to tion U.S.: Highway 29 (near Palmetta, Knoxville, Tenn., over U.S. Highway 70 Interchange No. 11 of Interstate High­ Ga.), thence over U.S. Highway 29 to La to junction Tennessee Highway 32 at way 90 (Massachusetts Turnpike); (7) Grange, Ga., thence over U.S. Highway 27 Newport, Tenn., thence over Tennessee from Worcester, Mass., over Interstate to junction Interstate Highway 85, thence Highway 32 to junction Tennessee High­ Highway 290 to Interchange No. 10 of over Interstate Highway 85 to junction way 73, and return over the same route. Interstate Highway 90 (Massachusetts U.S. Highway 80A (near Montgomery, No. MC 99208 (Sub-No. 3) (Deviation Turnpike); (8) from junction U.S. High­ Ala.), thence over U.S., Highway 80A to No, 4), SKYLINE TRANSPORTATION, way 20 and Massachusetts Highway 15 junction U.S. Highway 80, thence over INCm 131 Quincy Avenue, Post Office Box (near Sturbridge, Mass.) over Massachu­ U.S. Highway 80 to Montgomery, Ala., 3569, Knoxville, Tenn. 37917, filed Octo­ setts Highway 15 to Interchange No. 9 of and return over the same route for ber 14, 1969. Carrier’s representative: Interstate Highway 90 (Massachusetts operating convenience only. The notice Blaine Buchanan, 1024 James Building, Turnpike); (9) from Springfield, Mass., indicates that the carrier is presently au­ Chattanooga, Terni. 37402. Carrier pro­ over Massachusetts Highway 291 to In­ thorized to transport passengers and the poses to operate as a common carrier, by terchange No. 6 of Interstate Highway same property, over pertinent service motor vehicle, of general commodities, 90 (Massachusetts Turnpike); (10) from routes as follows: (1) From Atlanta, Ga., with certain exceptions, over deviation , Springfield, Mass., over U.S. Highway 5 over Georgia Highway 14 to Sylvan Road, routes as follows: (1) From Lake City, to Interchange No. 4 of Interstate High­ thence over Sylvan Road to junction Tenn., over Interstate Highway 75 to way 90 (Massachusetts Turnpike); (11) North Central Avenue, thence over North Jellico, Tenn.; and (2) from Jellico, from Holyoke, Mass., over Interstate Central Avenue to junction Georgia Tenn., over Interstate Highway 75 to Highway 91 to junction Interstate High­ Highway 85, thence over Georgia High­ Williamsburg, Ky., and return over the way 90 (Massachusetts Turnpike) at In­ way 85 to Riverdale, Ga.; (2) from River- same routes, for operating convenience terchange No. 4; (12) from Lee, Mass., dale, Ga., over Georgia Highway 85 to only. The notice indicates that the car­ over U.S. Highway 20 to Interchange No. Fayetteville, Ga.; (3) from Fayetteville, rier is presently authorized to transport 2 of Interstate Highway 90 (Massachu­ Ga., over Georgia Highway 54 to junction the same commodities, over pertinent setts Turnpike); and (13) from Albany, Georgia Highway 34, thence over Georgia service routes as follows: (1) From N.Y., over U.S. Highway 20 to junction Highway 34 to Newnan, Ga.; (4) fro®1 Knoxville, Tenn., over U.S. Highway U.S. Highway 9, thence over U.S. High­ Alexander City, Ala., over Alabama 25W to Jellico, Tenn.; and (2) from Jel- way 9 to junction with Interstate High­ Highway 22 (formerly Alabama Highway

FEDERAL REGISTER. VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 NOTICES 17467 63) to the Alabama-Georgia State line, Highway 11 to Chattanooga, Tenn.; and field office named below. Send protests thence over Georgia Highway 34 to New- (4) from Oneonta, Ala., over unnum­ to: Keith P. Kohrs, District Supervisor, nan, Ga.; (5) from Alexander City, Ala,, bered Blount County Road to Altoona,. Interstate Commerce Commission, Bu­ over Alabama Highway 22 to junction Ala., thence over Alabama Highway 18 reau of Operations, 705 Federal Office Alabama Highways 9 and 22; and (6) to junction UJS. Highway 278, and re­ Building, Omaha, Nebr. 68102. from Kellyton, Ala., over Alabama High­ turn over the same routes. No. MC 49304 (Sub-No. 26 TA), filed way 9 to Montgomery, Ala., and return By the Commission. October 21, 1969. Applicant: BOWMAN over the same routes, for operating con­ TRUCKING COMPANY, INC., Stephens venience only. [seal] H. N eil Garson, City, Va. 22655. Applicant’s representa­ No. MC 114271 (Deviation No. 8), Secretary. tive: James L. Bowman (same address CONTINENTAL CRESCENT LINES, [F.R. Doc. 69-12886; Filed, Oct. 28, 1969; as above). Authority sought to operate INC., Post Office Box 8435, Jackson, Miss. 8:47 a.m.] as a common carrier, by motor vehicle, 39204, filed October 13,1969. Carrier pro­ over irregular routes, transporting: poses to operate as a common carrier, by Aplite rock, in bulk, from Piney River, motor vehicle, of passengers and their [Notice 930] - Va., to points in Delaware, Maryland, baggage, and express and newspapers in MOTOR CARRIER TEMPORARY New Jersey, Ohio, Pennsylvania, and the same vehicle with passengers, over AUTHORITY APPLICATIONS West Virginia, for 150 days. Supporting deviation routes, as follows: (1) From shipper: International Minerals & Chem­ Birmingham, Ala., over U.S. Highway 31 October 24,1969. ical Corp., Skokie, 111. Send protests to: to junction Interstate Highway 65 (near The following are notices of filing of Robert D. Caldwell, District Supervisor, Kimberly, Ala.), thence over Inter­ applications for temporary authority un­ Interstate Commerce Commission, Bu­ state Highway 65 to junction U.S. High­ der section 210a(a) of the Interstate reau of Operations, 12th and Constitu­ way 31 (near Lacon, Ala.), thence over Commerce Act provided for under the tion Avenue NW„ Room 2210, Washing­ U.S. Highway 31 to Athens, Ala., thence new rules of Ex Parte No. MC-67 (49 ton, D.C.20423. over Interstate Highway 65 to Nashville, CFR Part 1131) , published in the F ed­ No. MC 94350 (Sub-No. 244 TA), filed Tenn.; (2) from Birmingham, Ala., over eral R egister, issue of April 27, 1965, October 21, 1969. Applicant: TRANSIT U.S. Highway 31 to junction Interstate effective July 1,1965. These rules provide HOMES, INC., Post office Box 1628, Highway 65 (near Kimberly, Ala.), that protests to the granting of an appli­ Greenville, S.C. 29602. Applicant’s repre­ thence over Interstate Highway 65 to cation must be filed with the field official sentative: G. P. Apperson, Jr. (same ad­ junction U.S. Highway 31 (near Lacon, named in the F ederal R egister publica­ dress as above). Authority sought to Ala.), thence over U.S. Highway 31 to tion, within 15 calendar days after the operate as a common carrier, by motor Decatur, Ala., thence over Alternate U.S. date of notice of the filing of the applica­ vehicle, over irregular routes, transport­ Highway 72 to Huntsville, Ala.; (3) tion is published in the F ederal R egis­ ing: Buildings, complete, or in sections, from Birmingham, Ala., over U.S. High­ ter. One copy of such protests must be from Space Homes, Asheville, N.C., to way 31 to junction Interstate Highway served on the applicant, or its authorized points east of the Mississippi River, in­ 65 (near Kimberly, Ala.), thence over representative, if any, and the protests cluding Louisiana and Minnesota, for Interstate Highway 65 to junction Ala­ must certify that such service has been 180 days. Supporting shipper: Space bama Highway 69 (at Cullman, Ala.), made. The protests must be specific as Homes, Division of Investment Proper­ thence over Alabama Highway 69 to to the service which such ptrotestant ties of Asheville, Asheville, N.C. Send Arab, Ala.; (4) from Birmingham, Ala., can and will offer, and must consist of a protests to: Arthur B. Abercrombie, Dis­ over U.S. Highway 11 to junction Inter­ signed original and six copies. trict Supervisor, Interstate Commerce state Highway 59 (near Argo, Ala.), A copy of the application is on file, and Commission, Bureau of Operations. 601A thefice over Interstate Highway 59 to can be examined at the Office of the Federal Building, 901 Sumter Street, Co­ junction U.S. Highway 431; and (5) Secretary, Interstate Commerce Com­ lumbia, S.C. 29201. from Chattanooga, Tenn., over U.S. mission, Washington, D.C., and also in No. MC 114533 (Sub-No. 202 TA), filed Highway 11 to junction Georgia High­ field office to which protests are to be October 21, 1969. Applicant: BANKERS way 301, thence over Georgia Highway transmitted. DISPATCH CORPORATION, 4970 South 301 to Trenton, Ga., thence over U.S. Archer Avenue, Chicago, HI. 60632. Ap­ Highway 11 to junction Interstate High­ Motor Carriers of P roperty plicant’s representative: Stanley Ko- way 59 (near the Alabama-Georgia State No. MC 25869 (Sub-No. 95 TA), filed mosa (same address as above). Authority line), thence over Interstate Highway 59 October 20, 1969. Applicant: NOLTE sought to operate as a common carrier, to junction U.S. Highway 431, and re­ BROS. TRUCK LINE, INC., Post Office by motor vehicle, over irregular routes, turn over the same routes, for operating Box 7184, Omaha, Nebr. 68107. Appli­ transporting: Audit media and other convenience only. The notice indicates cant’s representative: Donald L. Stem, business records, between Kansas City, that the carrier is presently authorized 630 City National Bank Building, Omaha, Mo., on the one hand, and, on the other, to transport passengers and the same Nebr. 68102. Authority sought to operate O’Neill, Neligh, Plainview, Albion, Co­ Property, over pertinent service routes as a common carrier, by motor vehicle, lumbus, West Point, Tekamah, Wahoo, as follows: (1) From Nashville, Tenn., over irregular routes, transporting: Mat­ Seward, York, Grand Island, Kearney, over Alternate U.S. Highway 31 to tresses, box springs, uncrated new fur­ Broken Bow, Holdrege, Hastings, Red Lewisburg, Tenn., thence over Tennessee niture, furniture parts, and materials, Cloud, Geneva, Fairbury, Beatrice, Falls Highway 50 to Fayetteville, Tenn., thence equipment and supplies used in the man­ City, and Nebraska City, Nebr., and over U.S. Highway 231 to Huntsville, Ala., ufacture of furniture and furniture Council Bluffs, Iowa, for 180 days. Sup­ thence over U.S. Highway 431 (formerly parts, between Omaha, Nebr., on the one porting shipper: J. C. Penney Co., Inc., H.S. Highway 241) via Gadsden, Ala., to hand, and, on the other, points in Colo­ 1301 Avenue of the Americas, New York, Anniston, Ala.; (2) from Huntsville, Ala., rado, Illinois, Indiana, Iowa (except N.Y. 10019. Send protests to: Roger L. over U.S. Highway 231 (portions former­ those points on and north of U.S. High­ Buchanan, District Supervisor, Inter­ ly Alabama Highways 38 and 25) to way 20 and on and west of U.S. Highway state Commerce Commission, Bureau of uneonta, Ala., thence over Alabama 169), Kansas, the Lower Peninsula of Operations, 219 South Dearborn Street, highway 75 (formerly Alabama Highway Michigan, Minnesota, Missouri, Ne­ Room 1086, Chicago, 111. 60604. to Birmingham, Ala.; (3) from braska, Ohio, North Carolina, South No. MC 114734 (Sub-No. 19 TA), filed «•»nta, Ala., over Alabama Highway 75 Carolina, Virginia, West Virginia, and October 20, 1969. Applicant: D AND J Portions formerly Alabama Highways those points in Wisconsin south of U.S. TRANSFER CO., Sherbum, Minn. 56171. p HO) via Horton, Albertville, Highway 10, for 150 days. Supporting Applicant’s representative: Richard A. Aia^f^e’ an<* Henagar, Ala., to the shippers: There are approximately eight Peterson, 521 South 14th Street, Post niof rna-Georgia State line (approxi- statements of support attached to the Office Box 806, Lincoln, Nebr. 68501. Au­ the y 8 nhles north of Ider, Ala.), application, which may be examined here thority sought to operate as a contract oyer Georgia Highway 143 (for- at the Interstate Commerce Commis­ carrier, by motor vehicle, over irregular .tiniiumbered Dade County high- sion, in Washington, DC., or ¿opies routes, transporting: Meats, meat prod­ y> to Trenton, Ga., thence over U.S. thereof which may be examined at the ucts, and meat byproducts, and articles

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17468 NOTICES distributed by meat packinghouses as No. MC 133313 (Sub-No. 2 TA), filed Lindenhurst, N.Y., 11757; DeBono Inc., described in sections A and C of appen­ October 21, 1969. Applicant: McMAHON 1165 Montauk Highway, East Patchogue, dix 1 to the report in Descriptions in TRANSPORT LTEE., Post Office Box 11» N.Y., 11772. Send protests to:, District Motor Carrier Certificates, 61 M.C.C. 209 St. Celestin, Province of Quebec, Can­ Supervisor Anthony Chiusano, Interstate and 766 (except hides and commodities ada. Applicant’s representative: Adrien Commerce Commission,-Bureau of Oper­ in bulk, in tank vehicles), from the Paquette, 200, rue St. Jacques, Suite 1010, ations, 26 Federal Plaza, N.Y. 10007. warehouse and storage facilities uti­ Montreal, Province of Quebec, Canada. By the Commission. lized by Spencer Packing Co. and/or its Authority sought to operate as a contract wholly owned subsidiaries at Cherokee, carrier, by motor vehicle, over irregular [seal! H. Neil G arson, Iowa, to points in Illinois, Indiana, routes, transporting: Lumber and wood Secretary. Kansas, Kentucky, Michigan, Minnesota, products, from ports of entry on the in­ [F.R. Doc. 69-12888, Filed, Oct. 28, 1969; Missouri, Nebraska, North Dakota, Ohio, ternational boundary line between the 8:48 a.m.] South Dakota, Wisconsin, and Wyoming. United States and Canada, at Cham­ Restriction: Under continuing contract plain, N.Y., Highgate Springs, Vt., and with Spencer Packing Co., Spencer, North Mills, Vt., to points in Massachu­ [Notice 433] Iowa, for 180 days. Supporting shipper: setts, Pennyslvania, New York, Maine, MOTOR CARRIER TRANSFER Spencer Packing Co., Spencer, Iowa. New Hampshire, Vermont, Connecticut, PROCEEDINGS Send protests to: A. N. Spath, District Rhode Island, Maryland, and Michigan, Supervisor, Interstate Commerce Com­ for 180 days. Supporting shippers: Serv­ October 23, 1969. mission, Bureau of Operations, 448 Fed­ ice Forestier, Séminaire de Quebec, Que­ Synopses of orders entered pursuant eral Building and U.S. Courthouse, 110 bec City, Province of Quebec, Canada; to section 212(b) of the Interstate Com­ South Fourth Street, Minneapolis, Minn. Ubald Forest & Fils Ltee, La Visitation, merce Act, and rules and regulations 55401. Cte Yamaska, Province of Quebec, Can­ prescribed thereunder (49 CFR Part No. MC 125321 (Sub-No. 2 TA), filed ada; St. Leonard Veneer Co., St. Leonard 1132), appear below: October 20, 1969. Applicant: GRADY D’Aston, Cte Nicolet, Province of Que­ As provided in the Commission’s spe­ THOMPSON, Post Office Box 26, Blan- bec, Canada; J. A. Raymond & Fils, Inc., cial rules of practice any interested per­ ding, Utah 84511. Applicant’s representa­ 1911 St. Ulric, Giffard, Province of Que­ son may file a petition seeking recon­ tive: J. Albert Sebald, 1700 Western bec, Canada. Send protests to: Martin sideration of the following numbered Federal Building, Denver, Colo. 80202. P. Monaghan, Jr., District Supervisor, proceedings within 20 days from the date Authority sought to operate as a contract Interstate Commerce Commission, Bu­ of publication of this notice. Pursuant carrier, by motor vehicle, over irregular reau of Operations, 52 State Street, Room to section 17(8) of the Interstate Com­ routes, transporting: Lumber, under 5, Montpelier, Vt. 05602. merce Act, the filing of such a petition contracts with the San Juan Lumber Co., No. MC 134075 (Sub-No. 1 TA), filed will postpone the effective date of the Inc,, from the mills of the San Juan October 21, 1969. Applicant: LYLE H. order in that proceeding pending its dis­ .Lumber Co., Inc., at Pagosa Springs, DAVIS, Route 3, Box 235-D, Enumclaw, position. The matters relied upon by pe­ Bayfield, and Durango, Colo., and Blan- Wash. 98022. Applicant’s representative: titioners must be specified in their peti­ ding, LaSal, and 7 Mile, Utah, to points in Joseph O. Earp, 411 Lyon Building, tions with particularity. Colorado, Utah, New Mexico, Arizona, Seattle, Wash. 98104. Authority sought to No. MC-FC-71468. By order of Octo­ Texas, and California; from the mills of operate as a contract carrier, by motor ber 20,1969, the Motor Carrier Board ap­ the San Juan Lumber Co., Inc., at vehicle, over irregular routes, transport­ proved the transfer to Schulz, Inc., 310 Blanding, LaSal and 7 Mile, Utah, to the ing: Milk food {yogurt), from Auburn, Bluff Street, Red Wing, Minn. 55066, of railhead at Thompson, Utah; and from Wash., to Eugene and Portland, Oreg., the certificates in Nos. MC-125847 (Sub- the mills of the San Juan Lumber Co., for 150 days. Supporting shipper: Au­ No. 2), MC-125847 (Sub-No. 4), MC- Inc., at Pagosa Springs, Bayfield, and burn Dairy Products, Inc., 702 West 125847 (Sub-No. 7), MC-125847 (Sub-No. Durango, Colo., to the railheads at Dur­ Main, Auburn, Wash. 98002. Send pro­ 8), and MC-125847 (Sub-No. 9), issued ango and Southfork, Colo., for 150 days. tests to: E. J. Casey, District Supervisor, September 7,1965, December 9,1966, Au­ Supporting shipper: San Juan Lumber Interstate Commerce Commission, Bu­ gust 6, 1968, March 19, 1968, and March Co., Inc., Post Office Box 3313, Durango, reau of Operations, 6130 Arcade Building, 19,1968 respectively, to Floyd A. Dezotell, Colo. 81301. Send protests to: John T. Seattle, Wash. 98101. doing business as Floyd A. Dezotell Vaughan, District Supervisor, Bureau of No. MC 134104 (Sub-No. 1 TA), filed Trucking Co., Mankato, Minn., author­ Operations, Interstate Commerce Com­ October 17, 1969. Applicant: GILBERT izing the transportation of various com­ mission, 6201 Federal Building, Salt FONT AND PETER J. BETZ, doing busi­ modities from specified points in Minne­ Lake City, Utah 84111. ness as B&F TRANSPORT COMPANY, sota to points in Iowa, Montana, North No. MC 127699 (Sub-No. 4 TA), filed 110 Moriches Bypass, Center Moriches, Dakota, South Dakota, Wisconsin, Ne­ October 21, 1969. Applicant: LEE CART­ N.Y. 11934. Applicant’s representative: braska, Wyoming, Minnesota, and the AGE COMPANY, 2026 Cleveland Avenue William J. Augello, Jr., 103 Fort Salonga Upper Peninsula of Michigan. James L. SW., Canton, Ohio 44707. Applicant’s Road, Northport, N.Y. 11768. Authority Nelson, 325 Cedar Street, St. Paul, Minn. representative; Richard H. Brandon, 79 sought to operate as a common carrier, 55101, attorney for transferor. East State Street, Columbus, Ohio 43215. by motor vehicle, over irregular routes, No. MC-FC-71651. By order of Octo­ Authority sought to operate as a contract transporting: (1) Industrial refuse con­ ber 20,1969, the Motor Carrier Board ap­ carrier, by motor vehicle, over irregular tainers and (2) lamp shades; (1) from proved the transfer to Jack B. Kelley, routes, transporting: Component parts Lindenhurst and Farmingdale, N.Y., to Inc., 3801 Virginia Street, Amarillo, Tex. for steel buildings, from Canton, Ohio, points in Delaware, Iowa, Illinois, In­ 79109, of certificates Nos. MC-123392 and to points in Indiana, and points in that diana, Louisiana, Maryland, Michigan, MC-123392 (Sub-No. 2), MC-123392 part of Michigan on and south of Michi­ Minnesota, New Jersey, Nebraska, Ohio, (Sub-No. 4), MC-123392 (Sub-No. 7), Oklahoma, Pennsylvania, Virginia, Wis­ MC-123392 (Sub-No. 10), and MC- gan Highway 46, under contract with 123392 (Sub-No. 11), issued to Jack B. Macomber, Inc., Canton, Ohio, for 180 consin, Washington, D.C.; (2) from East Patchogue, N.Y., to points in Delaware, Kelley, doing business as Jack B. Kelley days. Supporting shipper: Macomber, Maryland, Pennsylvania, and Washing­ Co., 3801 Virginia Street, Amarillo, Tex. Inc., 1925 10th Street, Canton, Ohio. ton, D.C., and on return, materials and 79101, authorizing the transportation ol Send protests to: Arthur M. Culver, Jr., supplies used in the manufacture of in­ helium gas and helium, in bulk, between District Supervisor, Interstate Com­ dustrial refuse containers, from points points in the United States. merce Commission, Bureau of Opera­ in Ohio, Pennsylvania, and West Vir­ [seal] H. Neil G arson, tions, 255 Federal Building and U.S. ginia to Lindenhurst and Farmingdale, Secretary. Courthouse, 85 Marconi Boulevard, Co­ N.Y., for 180 days. Supporting shippers: [F.R. Doc. 69-12889; Filed, Oct. 28, l989* lumbus, Ohio 43215. Gen Sani-Can Corp., 21 Gear Avenue, 8:48 ajm.]

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 19d9 NOTICES 17469 [Notice 438A] electric storage batteries, and malt bev­ movements (a) Provided, That the dis­ erages and containers from and to vari­ tance from origin to destination via the MOTOR CARRIER TRANSFER ous points including Norfolk and other alternate gateway or alternate inter­ PROCEEDINGS points in Virginia and points in New change point is not less than 85 percent October 23,1969. York, Maryland, Delaware, Pennsylvania, of the total mileage from origin to des­ Application filed for temporary au­ Massachusetts, Maine, New Jersey, North tination via the authorized gateway or thority under section 210(a) (b) in con­ Carolina, West Virginia, and the District interchange point; and (b) restricted to nection with transfer application under of Columbia. John C. Goddin, 200 West the transportation of overdimensional or section 212(b) and Transfer Rules, 49 Grace Street, Richmond, Va. 23220, at­ overweight shipments. This rule shall CFR Part 1132: torney for applicants. only be applied to the transportation of No. MC-FC-71720. By application filed No. MC-FC-71677. By order of Octo­ shipments where the bill of lading or October 22, 1969, CALDWELL TRUCK ber 20, 1969, the Motor Carrier Board freight bill certifies that a special high­ RENTALS, INC., 625 South Boulevard, approved the transfer to Iowa Steel Ex­ way permitís) was required in connec­ Lenoir, N.C. 28645, seeks temporary au­ press, Inc., Cedar Rapids, Iowa, of the tion with the movement. thority to lease the operating rights of certificate in No. MC-65342, issued Any interested person desiring to par­ GAINES MOTOR LINES, INC., 1816 April 5, 1961, to Roy Francis Messinger, ticipate, shall file an original and six Ninth Avenue Drive NE., Post Office Box doing business as Messinger’s, Cedar copies of his written representations, 1549, Hickory, N.C. 28601, under section Rapids, Iowa, authorizing the transpor­ views, and arguments in support of, or 210a (b). The transfer to CALDWELL tation of heavy machinery and wrecked against the petition within 30 days from TRUCK RENTALS, INC., of the operat­ automobiles and trucks between Cedar the date of publication in the F ederal ing rights of GAINES MOTOR LINES, Rapids, Iowa, on the one hand, and, on R egister. In addition, any person sub­ INC., is presently pending. the other, points in Illinois! William A. mitting matter in support of the petition, Landau, 1451 East Grand Avenue, Des should include therein a draft of the rule By the Commission. Moines, Iowa 50306, representative for he believes should be adopted. [seal] H. N eil Garson, applicants. By the Commission. Secretary. [seal] H. Neil Garson, [seal] H. N eil Garson, [F.R. Doc. 69-12890; Filed, Oct. 28, 1969; Secretary. Secretary. 8:48 a.m.] [F.R. Doc. 69-12891; Filed, Oct. 28, 1969; [F.R. Doc. 69-12885; Filed, Oct. 28, 1969; 8:48 a.m.] 8:47 a.m.] [Notice 434] MOTOR CARRIER TRANSFER [Ex Parte No. MO-76] [Notice 13421 PROCEEDINGS DEVIATION RULES AND REGULA­ MOTOR CARRIER APPLICATIONS October 24, 1969... TIONS APPLICABLE TO IRREGULAR AND CERTAIN OTHER PROCEED­ Synopses'of orders entered pursuant ROUTE MOTOR CARRIERS OF INGS to Section 212(b) of the Interstate Com­ PROPERTY IN CONNECTION WITH October 24,1969. merce Act, and rules and regulations TRANSPORTATION OF OVERSIZED The following publications are gov­ prescribed thereunder (49 CFR Part SHIPMENTS erned by the new Special Rule 247 of the 1132), appear below: Notice of Filing of Petition for In­ Commission’s rules of practice, published As provided in the Commission’s spe­ in the F ederal R egister, issue of Decem­ cial rules of practice any interested per­ stitution of Rule Making Proceed­ ber 3, 1963, which became effective Jan­ son may file a petition seeking recon­ ing uary 1, 1964. sideration of the following numbered October 24, 1969. The publications hereinafter set forth Proceedings within 20 days from the date reflect the scope of the applications as of publication of this notice. Pursuant to Petitioner: HEAVY-SPECIALIZED CARRIERS CONFERENCE, Washing­ filed by applicant, and may include de­ section 17(8) of the Interstate Com­ scriptions, restrictions, or limitations merce Act, the filing of such a petition ton, D.C. Petitioner’s representatives: Allan M. Shirley, 1616 P Street NW., which are not in a form acceptable to the will postpone the effective date of the Commission. Authority which ulti­ order in that proceeding pending its dis­ Washington, D.C., and Paul F. Sullivan, Suite 701, Washington Building, 15th and mately may be granted as a result of the position. The matters relied upon by peti­ applications here noticed will not neces­ tioners must be specified in their peti­ New York Avenue NW., Washington, D.C. 20005. sarily reflect the phraseology set forth in tions with particularity. the application as filed, but also will No. MC-FC-71621. By order of Octo­ By petition filed September 26, 1969, eliminate any restrictions which are not ber 23,1969, the Motor Carrier Board ap­ petitioner, for and on behalf of its mem­ acceptable to the Commission. proved the transfer to Louis T. Benton ber motor common carriers, seeks insti­ HI, doing business as L. T. Benton Trans­ tution of a rulemaking proceeding for Applications Assigned for Oral Hearing i t , Orange, Conn., of certificate No. the purpose of establishing rules and MC-55830 issued June 21, 1965,- to Thru­ regulations which would permit motor MOTOR CARRIERS OF PROPERTY way Transfer, Inc., West Haven, Conn., common carriers of property, operating Nos. MC 339 (Sub-No. 11) and MC authorizing the transportation of: Junk over irregular routes, to deviate from or 129916 (Sub-No. 1) (Republications), and nonferrous materials, between points avoid their gateways in connection with filed May 16, 1968, and May 20, 1968 m Connecticut, New York, New Jersey, the transportation of oversized and over­ respectively, published in the F ederal and Pennsylvania. William J. Meuser, 101 weight shipments requiring special high­ R egister issue of June 5, 1968 and re­ «iver Street, Milford, Conn. 06460, at­ way permits from State or other author­ published this issue. (1) No. MC 339 torney for applicants. ities. Petitioner’s basic position is that ( Sub-No. 11). Applicant : LINCOLN No. MC-FC-71664. By order of Octo- adoption of such rules or regulations MOVING & STORAGE CO., INC., 1924 er 20, 1969, the Motor Carrier Board would be in the interests of safe, econom­ Fourth Avenue South, Seattle, Wash, approved the transfer to Piedmont Pe- ical, expeditious, and efficient transporta­ 98134. Applicant’s representative: George rYf°Jv.um Products, Inc., Chesapeake, Va., tion service. Petitioner, in this connec­ Kargianis, 609 Norton Building, Seattle, t the operating rights in certificate No. tion, proposes that the following rule be Wash. 98104. (2) No. MC 129916 (Sub- i?,852 issued August 3, 1955, to adopted: No. 1). Applicant: LEWIS A. HINSON, well’s Motor Express, Inc., Norfolk, Motor common carriers of property doing business as BOWENS MOVING i ■’ authorizing the transportation, over operating over irregular routes shall be AND STORAGE, 15 West Empire Street, dn!! , routes, of lumber, petroleum permitted to use alternate gateways in Goldsboro, N.C. Applicant’s representa­ fn Jr* 8' .^ te rs , fish and scallops, sea combining or joining separate grants of tive: J. Ruffin Baily, Post Office Box cal? ^.grtcultural commodities, chemi- operating authorities or alternate inter­ 2246, Raleigh, N.C. 27602. By a prior re­ > oils, greases, empty oil containers, change points in the case of joint-line port in the above-entitled proceedings,

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17470 NOTICES decided December 3, 1968, the Commis­ No. MC 106401 (Sub-No. 26) (Repub­ zone, on the one hand, and, on the other, sion Review Board No. 2, denied the lication) , filed March 22, 1967, published airport cities in the States of Kansas, application filed May 16, 1968, and May F ederal R egister issue of April 6, 1967, Missouri, and Nebraska, served by certifi­ 20, 1968 respectively by applicants seek­ and republished this issue. Applicant: cated direct air carriers pursuant to the ing certificates of public convenience and JOHNSON MOTOR LINES, INC., 2426 Civil Aeronautics Board; and (2) be­ necessity authorizing operation, in inter­ North Graham Street, Charlotte, N.C. tween Municipal Airport, Wichita, Kans., state or foreign commerce, as common 28201. Applicant’s representative: Don­ on the one hand, and, on the other, air­ carriers by motor vehicle, over irregular ald E. Cross, 917 Munsey Building, 1329 port cities in the States of Kansas, Mis­ routes, of household goods between speci­ E Street NW., Washington, D.C. 20004. souri, and Nebraska, served by certifi­ fied points in Washington in No. MC 339 By application filed March 22, 1967, as cated direct air carriers pursuant to the Sub 11, and used household goods and amended, applicant seeks a certificate of Civil Aeronautics Board, restricted to the personal effects between points in North public convenience and necessity, au­ transportation of shipments having an Carolina in No. MC 129916 Sub 1. Upon thorizing operations, in interstate or for­ immediately prior or subsequent move­ consideration of petitions filed by appli­ eign commerce, as a common carrier by ment by air. The application was referred cants, the above-entitled proceedings motor vehicle, over regular routes of. to Joint Board No. 140 for hearing were reopened for further processing general commodities (except those of and the recommendation of an appro­ under the modified procedure on July 11, unusual value, classes A and B explosives priate order thereon. Hearings were held 1969, by the Commission, Division 1, and household goods as defined by the on May 8, 9, 10, and September 9, 10, acting as an Appellate Division. A report Commission), serving Pace, Fla., as an and 11, 1968, at Kansas City, Mo. of the Commission on further consid­ off-route point in connection with appli­ By report and order served July 1,1969, eration by Review Board No. 2, has deter­ cant’s regular route operations between as modified, the Joint Board recom­ mined that the present and future pub­ Pensacola, Fla., and Flomaton, Ala. A mended the granting to applicant of a lic convenience and necessity require decision and order of the Commission, certificate of public convenience and ne­ operation by each applicant in interstate Review Board No. 2, dated October 10, cessity authorizing the operation as de­ or foreign commerce, as a common car­ 1969, and served October 16, 1969, finds scribed below. A decision and order of rier, by motor vehicle, over irregular that the public convenience and neces­ the Commission, Review Board No. 2, routes of the commodities, to and from sity require operation by applicant, in dated October 10, 1969, and served Octo­ points substantially as indicated below. interstate or foreign commerce, as a ber 16, 1969, finds that operation by ap­ An order of the Commission, Review common carrier by motor vehicle of gen­ plicant, in interstate or foreign com­ Board No. 2, decided October 9,1969, and eral commodities (except those of un­ merce, as a common carrier by motor served October 14, 1969, finds that the usual value, classes A and B explosives, vehicle, over irregular routes, of general present and future public convenience household goods as described by the commodities (except classes A and B ex­ and necessity require operation by each Commission, commodities in bulk, and plosives, household goods as defined by applicant, in interstate or foreign com­ those requiring special equipment) serv­ the Commission, commodities in bulk, merce, as a common carrier by motor ve­ ing the plantsite of American Cyanamid and those requiring special equipment) ; hicle, over irregular routes, of used Co., located near Pace, in Santa Rosa (1) between Kansas City Municipal Air­ household goods, restricted to the trans­ County, Fla., as an off-route point in con­ port, Kansas City International Airport, portation of traffic having a prior or nection with its regular route operation and Fairfax Airport, located within the subsequent movement in containers, be­ between Pensacola, Fla., and Flomaton, Kansas City, Mo.-Kans., commercial yond the points authorized, and further Ala. Because it is possible that other zone, on the one hand, and, on the other, restricted to the performance of pickup persons who have relied upon the notice points in Kansas, Missouri, and Ne­ and delivery service in connection with of the publication as published, may braska; and (2) between Municipal Air­ packing, crating, and containerization, have an Interest in and would be prej­ port at Wichita, Kans., on the one hand, or unpacking, uncrating, and decontain­ udiced by the lack of proper notice of and, on the other, points in Kansas, erization of such traffic: In No. MC-339 the authority described in the findings Missouri, and Nebraska; restricted to (Sub-No. 11), between points in King, in this order, a notice of the authority the transportation of shipments having Pierce, Snohomish, Kitsap, and Thurston actually granted will be published in the an immediately prior or subsequent Counties, Wash.; in No. MC-129916 F ederal R egister and issuance of a cer­ movement by air; that applicant is (Sub-No. 1), between points in Ala­ tificate In this proceeding will be with­ fit, willing, and able properly to per­ mance, Orange, Durham, Granville, held for a period of 30 days from the date form such services and to conform Vance, Warren, Franklin, Wake, John­ of such publication, during which period to the requirements of the Interstate ston, Nash, Halifax, Edgecombe, Wilson, any proper party in interest may file Commerce Act and the Commission’s Wayne, Sampson, Cumberland, Duplin, a petition to reopen or for other appro­ rules and regulations thereunder. Be­ Lenoir, Greene, Pitt, Martin, Bertie, priate relief setting forth in detail the cause it is possible that other persons, Chowan, Beaufort, Craven, Jones, Ons­ precise manner in which it has been so who have relied upon the notice of low, Carteret, and Pamlico Counties, prejudiced. the application as published indi­ N.C.; that each applicant is fit, willing, No. MC 128981 (Sub-No. 3) (Republi­ cating service to and from “airport and able properly to perform such serv­ cation), filed April 11, 1968, published cities,” may have an interest in and ice and to conform to the requirements in the F ederal R egister issue of April 24, would be prejudiced by the lack of of the Interstate Commerce Act and the 1968, and republished this issue. Appli­ proper notice of the authority described Commi&ion’s rules and regulations there­ cant: LAND-AIR DELIVERY, INC., 413 in the findings of this order, a notice of under. Because it is possible that other Lou Holland Drive, Kansas City, Mo. the authority actually granted will be persons, who have relied upon the notice 64114. Applicant’s representative: War­ published in the F ederal R egister and of the application as published, may have ren H. Sapp, 450 Professional Building, issuance of a certificate in this proceed­ an interest in and would be prejudiced Kansas City, Mo. 64106. By application ing will be withheld for a period of 30 by the lack of proper notice of the au­ filed April 11, 1968, applicant seeks a days from the date of such publication, thority described in the findings in this certificate of public convenience and during which period any proper party order, a notice of the authority actually necessity authorizing operation, in inter­ in interest may file a petition to reopen granted will be published in the F ederal state or foreign commerce, as a com­ or for other appropriate relief setting R egister and issuance of certificates in mon carrier by motor vehicle of general forth in detail the precise manner in these proceedings will be withheld for a commodities (except classes A and B ex­ which it has been so prejudiced. period of 30 days from the date of such plosives, household goods as defined by N otice of F iling of P etitions publication, during which period any the Commission, commodities in bulk and those requiring special equipment); No. MC 42537 (Sub-Nos. 5 and 19) proper party in interest may file a peti­ (Notice of Filing of Petition To Modify tion to reopen or for other appropriate (1) between the Kansas City Municipal Certificate . Substituting Warren and relief setting forth in detail the precise Airport, Kansas City International Air­ Center Line, Mich., in Lieu of W arren manner in which it has been so port, and Fairfax Airport, located within Township, Macomb County, Mich.), fflea prejudiced. the Kansas City, Mo.-Kans., commercial October 6, 1969. Petitioner: CASSENo

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 NOTICES 17471

TRANSPORT COMPANY. 1 West State Co., at Chillicothe, Ohio, to the plant- and all off-route points within 1 mile of Street, Hamel, HI. 46204. Petitioner’s rep­ sites of Sturgis Business Forms, Inc., at said Highway; (10) Between Blooming­ resentative: Donald W. Smith, 900 Circle Sturgis, Mich., with no transportation ton, and East St. Louis, HI.; over US. Tower, Indianapolis, Ind. 46204. Peti­ for compensation on return except as Highway 66, and return over the same tioner holds Certificate In MC 42537 Subs otherwise authorized, under a continuing route serving all intermediate points and 5 and 19, authorizing the transportation contract, or contracts, with Sturgis New­ all off-route points within 1 mile of said of motor vehicles via both truckaway port Business Forms, Inc., Division of highway; (11) Between Olney and and dilveaway methods, from certain Litton Industries. By the instant peti­ Charleston, HI.; over Hlinois Highway origins, including, among others, places tion, petitioner seeks to add Mead Paper 130, and return over the same route, of manufacture and assembly in War­ Co. as a contracting shipper. Any inter­ serving all intermediate points and all ren Township, Mich., to numerous desti­ ested person desiring to participate may off-route points within 1 mile of said nation points. By decisions of June 19, file an original and six copies of his writ­ Highway; (12) From Palestine to Junc­ 1957, and October 19, 1966, the authority ten representations, views or argument tion Hlinois Highways 33 and 128 and re­ to perform a service from Warren Town­ in support of or against the addition of turn over Hlinois Highway 33, serving all ship, Macomb County, Mich., was granted said shipper, within 30 days from the intermediate points and all off-route it in said certificates. The petition states date of publication in the F ederal points within 1 mile of said Highway; that the unincorporated area previously R egister. (13) From Mount Vernon to Junction designated as Warren Township is no Hlinois Highway 37 and US. Highway 45, Applications for Certificates or Per­ via Hlinois Highway 37, serving all inter­ longer unincorporated, and the major mits W hich Are To B e P rocessed portion of this area was incorporated on mediate points and all off-route points January 1, 1957, into the city of Warren, Concurrently w ith Applications U n ­ within 1 mile of said Highway; (14) From Mich., while the city of Center Line lies der S ection 5 Governed by S pecial Junction Illinois Highways 10 and 47 to approximately in the middle of such area R ule 240 to the E xtent Applicable East St. Louis and return, serving all and wholly surrounded by Warren. By No. MC 48474 (Sub-No. 5), filed Sep­ intermediate points and all off-route the instant petition, petitioner seeks to tember 30, 1969. Applicant: A & B points within 1 mile of said Highways, have its existing authority redescribed so TRANSFER, INC., 2120 Marshall Ave­ such Highways being Illinois Highway 47, as to substitute both Warren and Center nue, Mattoon, 111. 61938. Applicant’s Illinois Highway 48 and US. Highway 66; Line, Mich., wherever its present certifi­ representative: Carl L. Steiner, 39 South (15) Between Greenup and Lincoln, cates authorize service from Warren La Salle Street, Chicago, HI. 60603. Au­ 111.; over Illinois Highway 121, and re­ Township, Macomb County, Mich. Any thority sought to operate as a common turn over the same route, serving all interested person desiring to participate carrier, by motor vehicle, over regular intermediate points and all off-route may file an original and six copies of his routes, transporting: General commodi­ points within 1 mile of said highways. written representations, views, or argu­ ties, without exceptions, over regular (16) Between Clinton and Springfield, ment in support of or against the said routes, as follows: (1) Between Law- 111.; over US. Highway 54, and return petition, within 30 days from the date of renceville and Danville, 111., over Illinois over the same route, serving all inter­ publication in the F ederal R egister. Highway 1, and return over the same mediate points and all off-route points No. MC 87720 (Sub-No. 68) (Notice route, serving all intermediate points within 1 mile of said highway; (17) of Filing of Petition Requesting Amend­ and all off-route points within 1 mile of From Junction US. Highway 40 and Hli­ ment of Permit to Reflect Change in Lo­ said highway; (2) Between Chicago, and nois Highway 128 to Junction Hlinois cation of Warehouse of AMERICAN Fairfield, 111., over U.S. Highway 54 and Highways 128 and 121 and return over BELTRITE RUBBER CO., INC.), filed U.S. Highway 45, and return over the Hlinois Highway 128, serving all inter­ September 26, 1969. Petitioner: BASS same route, serving all intermediate mediate points and all off-route points TRANSPORTATION CO., INC., Flem- points and all off-route points within 1 within 1 mile of said highways; (18) ington, N.J. Petitioner’s representative: mile of said highways; (3) Between Between Ashley and Fairfield, HI.; over Bert Collins, 140 Cedar Street, New York, Danville and Lincoln, HI.; over Hlinois Hlinois Highway 15, and return over the N.Y. 10006. Petitioner is authorized in Highway 10, and return over the same same route, serving all1 intermediate No./ MC 87720 (Sub-No. 68), the part route, serving all intermediate points and points and all off-route points within here pertinent, to transport rubber heels, all off-route points within 1 mile of said 1 mile of said highways; (19) From taps and soling, from Ripley, Miss., to highway; (4) Between Marshall and Paris to Junction Hlinois Highway 133 Harrisburg, Pa., under contract with East St. Louis, 111., over U.S. Highway 40 and US. Highway 36 and return over American Biltrite Rubber Co., Inc. On and return over the same route, serving Hlinois Highway 133 serving all inter­ or about November 1, 1969, Biltrite will all intermediate points and all off-route mediate points and all off-route points close its Harrisburg warehouse and move poihts within 1 mile of said highway; (5) within 1 mile of said Highways; (20) to Middletown, Pa., where a comparable Between Chrisman and Springfield, HI., From Effingham to Junction Illinois warehouse facility will be located. The over U.S. Highway 150 and U.S. Highway Highway 105 and 47 and return over purpose of this petition is to remove 36, and return over the same route, serv­ Hlinois Highway 32 and Illinois High­ Harrisburg, Pa., as a destination point, ing all intermediate points and all off- way 105, serving all intermediate points from Ripley, Miss., as an origin point, route points within 1 mile of said high­ and all off-route points within 1 mile of and to substitute Middletown, Pa., as a ways and including Villa Grove, Metcalf, said highway; (21) Between Greenville destination point. Any interested person Longview, and Broadlands, (6) Between and Raymond, HI.; over Hlinois Highway desiring to participate, may file an origi­ Lawrenceville and Sandoval, HI.,' over 127, and return over the same route, nal and six copies of his written repre­ U.S. Highway 50 and return over the serving all intermediate points and all sentations, views, or argument in sup­ same route, serving all intermediate off-route points within 1 mile of said port of, or against the petition within points and all off-route points within Highway; (22) From Taylorville to Junc­ 30 days from the date of publication in 1 mile of said highway; tion Illinois Highway 104 and US. High­ the Federal R egister. (7) From intersection of Hlinois High­way 66 and return over Hlinois Highway No. MC 116085 (Sub-No. 1), filed Octo­ ways 33 and 49 to Kankakee and return 104, serving all intermediate points and ber 8, 1969 (Notice of Filing of Petition over Hlinois Highway 49, serving all in­ all off-route points within 1 mile of said for M odification of Permit To Add Con­ termediate points and all off-route points highway; tracting Shipper). Petitioner: FRISK- within 1 mile of said Highway; (8) Be­ (23) Between Pana and Springfield, NEY AND HARDING TRUCKING, INC., tween Bloomington and Ashley, HI.; over HI., over Hlinois Highway 29, and return Kendallville, Ind. Petitioner’s represent­ US. Highway 51 and return over the over the same route, serving all inter­ ative: Donald W. Smith, 900 Circle same route, serving all intermediate mediate points and all off-route points Tower, Indianapolis, Ind. 46204. Peti­ points and all off-route points within within 1 mile of said Highway; (24) Be­ tioner holds authority in Permit No. MC 1 mile of said Highway; (9) Between tween Paris and Bloomington, HI.; over U6085 (Sub-No. 1), the part here perti­ Paris and Gillespie, HI., over Hlinois US. Highway 150, and return over the nent, to transport printing paper, in rolls, Highway 16, and return over the same same route, serving all intermediate Irom the plantsite of the Mead Paper route, serving all intermediate points points and all off-route points within 1

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—Pt. I---- 8 17472 NOTICES mile of said Highway; (25) From Spring- motor carriers of property No. MC-F-10641 .„Authority sought for field to Intersection of Illinois Highway No. MC-F-10639. Authority sought for purchase by R. C. MOTOR LINES, INC., 4, and U.S. Highway 66 and return over control and merger by H. W. TAYNTON 2500 Laura Street, Jacksonville, Fla. Illinois Highway 4 serving all inter­ COMPANY, INC., 40 Main Street, Wells- 32203, of the operating rights of GOLD­ mediate points and all off-route points boro, Pa. 16901, of the operating rights MAN TRUCKING CO., INC., 189 Charles within 1 mile of said Highway; (26) and property of THOMPSON’S MOTOR Street, Providence, R.I. 02904, and for From Dalton City to junction Illinois EXPRESS, INCORPORATED, 53-55 acquisition by B. S. REID, and G. D. Highway 128 and U.S. Highway 40 and Sheridan Avenue, Elmira, N.Y. 14902, and JOYNER, both also of Jacksonville, Fla., return over Illinois Highway 128, serving for acquisition by ROBERT E. TAYN­ of control of such rights through the all intermediate points and all off-route TON, SR., ELIZABETH MARBLE, PAUL purchase. Applicants’ attorney: Thomas points within 1 mile of said Highway: TAYNTON, FLORENCE TAYNTON, and F. Kilroy, 2111 Jefferson Davis Highway, Between Bloomington and Chicago, 111.; THE COMMONWEALTH BANK & Arlington, Va. 22202. Operating rights over U.S. Highway 66, and return over TRUST CO., TRUSTEES under Voting sought to be transferred: Unider a certif­ the same route, serving all intermediate Trust, of control of such rights and icate of registration, in Docket No. MC- points and all off-route points within property through the transaction. Appli­ 120155 Sub-1, covering the transporta­ 1 mile of said Highway; (28) Between cants’ attorneys and representative: tion of general commodities, as a Chicago and Danville, 111.; over Illinois Robert DeKroyft, 24 Branford Place, common carrier, in intrastate commerce, Highway 1, and return over the same Newark, N.J. 07102, A. David Millner, 744 within the State of Rhode Island. Vendee route, serving all intermediate points Broad Street, Newark, N.J. 07102, and is authorized to operate as a common and all off-route points within 1 mile Charles B. Swartwood, 521 Robinson carrier in Georgia, South Carolina, North of said Highway; (29) Between Building, Elmira, N.YS 14902. Operating Carolina, Virginia, Maryland, New Jer­ Lawrenceville and Norris City, HI.; over rights sought to be controlled and sey, New York, Massachusetts, Connecti­ Illinois Highway 1, and return over the merged: Under a certificate of registra­ cut, Alabama, Tennessee, Florida, Penn­ same route serving all intermediate tion, in Docket No. MC-99862 Sub-1, sylvania, Delaware, and thé District of points and all off-route points within 1 covering the transportation of general Columbia. Application has not been filed mile of said Highway; (30) Between Nor­ commodities, as a common carrier, in for temporary authority under section ris City and Vienna, 111.; over U.S. High­ intrastate commerce, within the State of 210a(b). N ote: MC-75651 Sub-68 is a way 45, and return over the same route, New York. H. W. TAYNTON COMPANY, matter directly related. serving all intermediate points and all INC., is authorized to operate as a com­ No. MC-F-10642. Authority sought for off-route points within 1 mile of said mon carrier in New York, Pennsylvania, purchase by MUKLUK FREIGHT Highway; New Jersey, Delaware, Ohio, Maryland, LINES, INC., Post Office Box 3-4127, An­ (31) From Vienna to Boles at the in­ Rhode Island, Massachusetts, West Vir­ chorage, Alaska 99501, of the operating tersection of Hlinois Highway 146 and ginia, Connecticut, Indiana, and Ken­ rights and property of V. D. BARBER Illinois Highway 37 and return over Illi­ tucky. Application has been filed for tem­ AND CARROLL G. BARBER, doing busi­ nois Highway 146, serving all inter­ ness as V. D. BARBER & SON, % Mile mediate points and all off-route points porary authority under section 210a(b). N ote: MC-109821 Sub-28 is a matter Peger Road, Post Office Box 1835, Fair­ within 1 mile of said highway; (32) From directly related. banks, Alaska 99701, and for acquisition Boles at the intersection of Illinois High­ No. MC-F-10640. Authority sought by JAMES G. DYE, 2301 Loussae, An­ ways 146 and 37 to Cairo and return over chorage, Alaska, of control of such rights Illinois Highway 37, serving all inter­ for purchase by McLEAN TRUCKING COMPANY,. 617 Waughtown Street, and property through the purchase. mediate points and all off-route points Winston-Salem, N.C. 27102, of the oper­ Applicants’ attorney: Julian C. Rice,. within 1 mile of said highway; (33) ating rights of MURRAY’S FAST EX­ Post Office Box 516, Fairbanks, Alaska From Mount Vernon to Boles at the in­ PRESS, INC., Lawrence Street, Spring 99701. Operating rights sought to be tersection of Illinois Highways 37 and transferred: General commodities, ex­ 146 and return over Illinois Highway 37, Valley, N.Y. 10977, and for acquisition by PAUL P. DAVIS AND M. C. BEN­ cept those of unusual value, classes A serving all intermediate and all off-route TON, JR., both also of Winston-Salem, and B explosives, and household goods points within 1 mile of said highway; as defined by the Commission, as (34) Between Bloomington and Peoria, N.C., of control of such rights through the purchase. Applicants’ attorney: a common carrier, over irregular routes, HI., over U.S. Highway 150, and return between points in Alaska (except those over the same route, serving no inter­ Francis W. Mclnemy, 1000 16th Street NW., Washington, D.C. 20036. Operating on the Kenai Peninsula south of an mediate or off-route points; and (35) imaginary line running eastwest through Between Lincoln and Morton, HI.; over rights sought to be transferred: General commodities, except those of unusual Girdwood, Alaska,- and those in the Hlinois Highway 121, and return over the Alaska Panhandle south of Haines, same route, serving no intermediate or value, classes A and B explosives, off-route points, including Morton, as an liquors, tobacco, household goods as de­ Alaska). MUKLUK FREIGHT LINES, fined by the Commission, commodities in INC., hold no authority from this Com­ alternate route only. N ote: Applicant mission. However, its controlling stock­ states no duplicate authority is sought. bulk, commodities requiring special equipment, and those injurious or con­ holder, JAMES G. DYE, doing business This is a matter directly related to MC- as MUKLUK FREIGHT LINES, Post F-10597 published F ederal R egister is­ taminating to other lading, as a common sue of September 10, 1969. Applicant carrier over regular routes, between New Office 600, Kenai, Alaska, is authorized states the purpose of this application is York, N.Y., and New Paltz, N.Y., serving to operate as a common carrier in Alaska. to seek conversion of its certificate of reg­ all intermediate points, and the off-route Application has been filed for temporary istration to a Certificate of Public Con­ points of Highland Mills, Woodbury authority under section 210a(b). N ote: venience and Necessity. If a hearing is Falls, Salisbury Mills, Washingtonville, In MC-FC-71719, simultaneously filed, deemed necessary, applicant requests it Maybrook, and Orange Lake, N.Y. Ven­ JAMES G. DYE, doing business as MUK­ be held at Chicago, HI. dee is authorized to operate as a com­ LUK FREIGHT LINES, proposes to mon carrier in Virginia, Massachusetts, transfer to MUKLUK FREIGHT LINES, Applications U nder S ections 5 and Delaware, Maryland, Georgia, Missouri, INC., its operating authority. 210a(b) North Carolina, South Carolina, New No. MC-F-10643. Authority sought for The following applications are gov­ York, Illinois, Tennessee, Iowa, Indiana, control by CHEMICAL EXPRESS COM­ erned by the Interstate Commerce Com­ Ohio, Texas, Maine, Michigan, Missis­ PANY, 1200 Simons Building, Dallas, mission’s special rules governing notice sippi, New Jersey, New Hampshire, Rhode Tex. 75201, of ELLSWORTH BROS. of filing of applications by motor carriers Island, Vermont, Wisconsin, Kentucky, TRUCK LINE, INC., Drawer J, 116 North of property or passengers under sections West Virginia, Pennsylvania, Minnesota, Allied Road, Stroud, Okla. 74079, and for Kansas, Connecticut, and the District of acquisition by A. POLLARD SIMONS, 5(a) and 210a(b) of the Interstate Com­ Columbia. Application has been filed for CURTIS W. MEWBOURNE, and HER­ merce Act and certain other proceedings temporary authority under section MAN RUPPEL, all also of Dallas, Tex., of with respect thereto. (49 CFR Part 240.) 210a(b). control of ELLSWORTH BROS. TRUCK

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 NOTICES 17473 LINE, INC,, through the acquisition by Ada, Okla., to points in Arkansas; dry exception) and points in Missouri (with CHEMICAL EXPRESS COMPANY. Ap­ cement, from the plantsite of the Okla­ exception); fly ash, from the site of the plicants’ representative : Wm. E. Living­ homa Cement Co. at or near Pryor, Okla., Montrose Power Plant of the Kansas City stone m , 4555 First National Bank Build­ to points in Kansas (with exception), Power and Light Co., located at or near ing, Dallas, Tex. 75202. Operating rights certain specified points in Arkansas and La Due (Henry Comity), Mo., to points sought to be controlled: Asphaltic roof­ Missouri, from Dewey, Okla., to points in in Arkansas and Oklahoma; alumina, ing materials, as a common carrier, over Kansas, Missouri, and Arkansas, from calcined and hydrated, in bulk, from irregular routes, from Stroud, Okla., the plantsite of the Oklahoma Cement Bauxite, Ark., to points in Oklahoma and points within 1 mile thereof, to Co. at or near Pryor, Okla., to points in and Texas (except Houston, Tex., and Wichita, Kans., and points in Kansas Shannon and Oregon Counties, Mo., points within 50 miles thereof); and within'200 miles of Wichita; asphaltic from Tulsa, Okla., to points in Kansas, sand, from points in Arkansas, to points roofing materials, in rolls, containers, Missouri, and Arkansas, and certain in Kansas, Missouri, and Oklahoma, from and bundles, and liquid asphalt and as­ specified points in Texas, between certain Mill Creek, Okla., to Fort Smith and El phalt and asphaltic products, in con­ specified points in Texas, with restric­ Dorado, Ark., and certain specified tainers, from Stroud, Okla., and points tion; from the plantsite of Oklahoma points in Kansas, Louisiana, and Texas. within 1 mile thereof, to certain speci­ Cement Co., near Pryor, Okla., to points CHEMICAL EXPRESS COMPANY holds fied points in Arkansas; liquid asphalt, in Texas, from Muskogee, Okla., to points no authority from this Commission. How­ from Stroud, Okla., and points within 1 in Arkansas, Kansas, and Missouri; dry ever, it is affiliated with CEMENT mile thereof, to points in Kansas within cement, in bulk, in tank vehicles, from TRANSPORTS, INC., 1200 Simons 200 miles of Stroud, Okla. ; liquid asphalt Ada and Dewey, Okla., to points in Kan­ Building, Dallas, Tex. 75201, which is and asphaltic products, in bulk, in tank sas and Texas, from Fredopia, Kans., to authorized to operate as a common car­ vehicles, from Stroud, Okla., and points points in Texas, between points in Okla­ rier in Texas, New Mexico, Arkansas, within 1 mile thereof, and Cushing, Okla., homa, Kansas, and Texas, with restric­ Louisiana, Oklahoma, Colorado, Kansas, to points within 150 miles of Fort Smith, tion; dry cement, in containers, from Missouri, Mississippi, and Tennessee; Ark., including Fort Smith (except points Ada, Okla., to points in Kansas and CEMENT EXPRESS, INC., 1200 Simons located in Missouri), with restriction; Texas; lime, either packaged or in bulk, Building, Dallas, Tex. 75201, which is liquid asphalt, in bulk, in tank vehicles, from the plantsite of the St. Clair Lime authorized to operate as a common car­ from Stroud and Cushing, Okla., to cer­ Co. in or near Sallisaw, Okla., to points rier in Texas, New Mexico, Oklahoma, tain specified points in Missouri, from in Kansas, certain specified points in Arkansas, Louisiana, Colorado, Kansas, Tulsa, Okla., to certain specified points Missouri, Arkansas, Texas, and also in­ and Alabama; SMITH TRANSIT, INC., in Missouri; liquid asphalt, in bulk, cluding service at the Pine Bluff, Ark., 1200 Simons Building, Dallas, Tex. 75201, from Okmulgee, Okla., to points in Mis­ Arsenal, points in the Dallas and Port which Is authorized to operate as a com­ souri; cement, in bulk, from Ada, Okla., Worth, Tex., commercial zones, and mon carrier in Texas, Alabama, Ar­ to points within 200 miles thereof in points in the Little Bock-North Little kansas, Kansas, Louisiana, Mississippi, Arkansas, Kansas, Missouri, and Texas, Rock, Ark., commercial zone, from the Missouri, New Mexico, Oklahoma, Ari­ from Dewey, Okla., to points within 200 site of the St. Clair Lime Co. plant, about zona, Utah, Georgia, Illinois, Indiana, miles thereof in Arkansas, Kansas, and 3 miles north of Marble City, Okla., to Ohio, North Carolina, South Carolina, Missouri, with restriction; from Wood­ points in Kansas, certain specified points Wisconsin, Iowa, Nebraska, Oregon, ward, Okla., to certain specified points in in Missouri, Arkansas, Texas, and also Tennessee, California, Florida, Michigan, Kansas, and points in Texas; including service at the Pine Bluff, Ark., Cement, in bags or packages, from Arsenal, points in the Dallas and Port Washington, Nevada, North Dakota, Dewey, Okla., to points in Kansas, Mis­ Worth Tex., commercial zones, as de­ Idaho, South Dakota, Minnesota, and souri, and Arkansas, within 200 miles of fined by the Commission, and points in Wyoming. Application has not been filed Dewey, from Ada, Okla., to points in the Little Rock-North Little Rock, Ark., for temporary authority under section commercial zone, as defined by the 210a(b). Kansas, Missouri, and Arkansas within Commission; 200 tniles of Ada, with restriction; Dry fertilizer, in bulk, from Bartles­ By the Commission. cement, from Ada, Okla., to points in ville, Okla., to points in Arkansas, [seal] H. N eil Garson, Arkansas and Texas; between points in Kansas, and Missouri; dry fertilizer, in Secretary. . Arkansas and Oklahoma, with restric­ bags, from Bartlesville, Okla., to points [F.R. Doc. 69-12887; Filed, Oct. 28, 1969; tion; cement, in bulk and packages, from in Arkansas, points in Kansas (with 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17474 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER

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

3 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page P roclamations: 944—...... 17327 P roposed R ules—Continued 3938— ______15523 945 ______— — ...... 16859 1071______-______16881 3939 ______15525 946 ..... 15837 1073______16881 3940 ______15695 947 ______17161, 17162 1075 ______- 16881 3941 ______16855 948 ______15290, 15447 1076 ____ ,___—______16881 3942 ______17097 953___ 17327 1078-______— 16881 3943 ...... —...... 17099 958—___ 15448 1079______16881 Executive Orders: 982,...... —______17231 1090— ______16881,17065 Feb. 25, 1919 (revoked in part 984______17062 1094—______16881 by PLO 4720)___ — _____ 17333 989______15340, 16860 1096 ______16881 5327 (revoked in part by PLO 1131______17428 1097 ______16881 4718______17170 1421______15414,15448,16423,17385 1098 ______— 16881 8647 (see PLO 4703)______15557 1427______ItL______17328 1099 ______16881 8920 (modified by PLO 4709) _ 15755 1443______15559 1101___ -______16881 10030 (superseded by EO 1446____ 15640 1102______16881 11485)______*______— 15411 1602______— 15785 1103 ______16881 10753 (superseded by EO 1800______17431 1104 _——___ 16881 11487)______15593 P roposed R ules: 1106_____...... 16881 11230 (see EO 11488)______15835 26— —— ...... 17031 1108______16881 11248 (amended by EO 11489) _ 17419 51___ «______17110 1120______—-______- __ 16881 11484 ______15337 55— ____ 15561 1121______16881 11485 ------15411, 15443 725______17175 1125— ______—___ — 16881 11486 ______15527 730— ______— ...... 15485 1126______— _____ 16881 11487 ______15593 815_____——...... —_ 17110 1127— ______16881 11488 ______15835 906______15361, 17031 1128______16881 11489 ______17419 907— , ______— — 15713, 17176 1129 ______- 16881 913___ 17335 1130 ______16881 P residential D ocuments Other 925___ 15486 1131 ______16548 T han P roclamations and Exec­ 1132 ______16881 utive Orders: 931______15362 Reorganization Plan No. 1 of 945______15486 1133—______15716, 16881 947______16626 1134______16881,17070,17446 1969—______15783 953______—______15716 1136—____ 16881, 17335 5 CFR 959______16627,17297 1137 __ 16881 966______16547,17114 1138 ___ 16881 213— ______15297, 980____— ______16548 15413, 15558, 15559, 15595, 15711, 982______15562,15758 9 CFR 15712, 15747, 15837, 16594, 17061, 984__ —______15420,15845 71______15641 17231 989______17032, 17335 83_____ 15290 550— ______—...... 15747 991,____ 17032 713-...... _ 15595 371-______—— 15642 1001 ____ 15362, 16881 P roposed R ules: 1002 ______—— 16881 203______16556 7 CFR 1003—______16881,17298 301-330______15362 5______15785 1004 ______ù______16881,17298 327______15800 29______— _____ -____ 17061 1005 ______16881 68_i— ______15631 1006 ______16881 10 CFR 171— ______15632 1007______17065 210______15414 1011______16881 112...... 15558 215______17325 1012------—...... 16881 220—____:______15414 1013______16881 12 CFR 225—______15414 1015 ______15362, 16881 1______15595 319—______15559 1016 ------16881,17298 211______17162 354______15636 1030______16881 722— ______15445,15446,16857,17101 1032______j______16881 P roposed R ules: 728______16421, 16596 1033 _ 16881 220_____ 16629 813— ______16608 1034 ...... 16881 542 ______17452 831—______17102 1035 ______16881 543 ___ 17452 833— — ______16422 1036 ______: 16881 545______17452 849______17153 1040 ______16881 556______17452 850—______17153, 17155 1041 ------16881 562______17456 855——______15785 1043 ______16881 567______17456 873 _ 17159 1044 _ì______16881 571______17456 874______15637, 17061 1046___ — 16881 582______17457 906—______—______17325 1049 ______16881 908 ------15339,15640 1050 ______16881 13 CFR 909 ______15747 1060______—______16881 910______15447, 15748, 16858, 17325 1062______16881 101______15452 911—______17326 1063 ______16881 121______15596 912 ------16858, 17326 1064 ------16881 913 ______16858, 17327 1065 ______16881 14 CFR 925_— __ 17061 1068______16881 39-______15290-15292, 931,—______16858 1069 ______16881 15340,~ 15466” 15467” 15748, 16543, 932— ______15339 1070 ______16881 16860, 16861, 17330 FEDERAL REGISTER 17475

14 CFR— Continued Page 18 CFR— Continued Page 31 CFR Page 61______— 17162 260______15344,17434 100______16427 71______15292, 300______— 15750 200______15557 15293, 15341, 15467, 15468, 15596, 620— __ —______— ___ 15840 280______15557 15642, 15749, 15786, 15787, 16543, P roposed R ules: 16861-16863, 17103, 17104, 17164- 154______— _ 16628, 17341 32 CFR 17166,17330,17385 157______i,______17341 60______15296 73 ______15787,17104,17105 533______17266 75 — ______16863,17105 19 CFR 577______15796 91______15697 806_„____ — __ 17062 95__^______15697 1______15559 888c______— 17147 97______15531,15699,16610,17233 8______17331 890______17062 185—-______—- 16622 16______16543 1201—______17267 298______15293 P roposed R ules: 1202______— 17277 378____ 16863 I ______15713 1203— ______17278 378a.______16864,17265 II ______1205 ______— — 15360 17281 385— ______15413 1206 ______17282 389______16869 20 CFR 1207 ______17284 430______15749, 15750 404___ 15413, 15646 1208 ______17284 Proposed R ules: P roposed R ules: 1209 ______17285 1______**____ *______16876 1210 ______17285 21— ______16876 405______15804, 16627,16628, 17390 1212______17285 25______16876 1213 ______17286 37______16876 21 CFR 1214 ______17286 39______15845, 17339, 17340 1______15354,15840 1217______17287 71______15298, 19,______15555,15841 1219 ______17287 15363-15365, 15487, 15488, 15600, 29 _ __ 15842 1220 ______17288 15601, 15659, 15660, 15758-15760, 120— I — IIIIY7106-, 17266~ 17~332~, 17421 1221—______17288 15805, 15806, 16876-16878, 17114, 121______15295, 1225______17289 17178-17180, 17299, 17340, 17391, 15355, 15469, 15793, 15794, 15842, 1230—______17289 17448 16544, 17063, 17106, 17332, 17421- 73— _— ______15760,17115 17427 32A CFR 75— ______.ja 15364,15365,15601 130______— ______— 17428 OEP (Ch. i ) : 91______— — 16876,17448 133— ______15645 DMO 3000.1- 17232 103______— ______17449 141——____ 15596 105— ______17448 148i____ 15842 33 CFR 121______16876 149a______15295 86— ______— 17478 171-______16879 320— ______15295 117— ______15752 218—____ 15299 P roposed R ules: 126______17478 224— ______15661 16______15486 144______17479 241— :_____ 15422 18______15657 207 ______15557,15797 15 CFR 27______16875 208 ______15296,15646 120______15658,17298 30------: ______„_____ 16869 128a______17176 36 CFR 376— ______------15837 130______15298 ß02— ------___'______15787 7______15414, 16872 133______— ______17338 P roposed R ules: 191______16557 16 CFR 320— — ______17390 ___ _ 15419 l - 2 ___ 22 CFR 39 CFR 3„_ 22______15597 Ch. I— 16431 4__ 41------*______17232 135_____ 16542 13__ 61— ------17387 16428-16430, 16593, 17105 41 CFR 15_ 24 CFR 5A-2______16595 15792, 17265, 17329, 17385, 17386 242______15556 5A-72______16595 Proposed R ules : 1540______*______16871 5A-73— ______u______16595 252------___ 15808 6-7—______— 17166 501------— _ 15366 25 CFR 8-1______— ______15752 8-6______15752 17 CFR P roposed R ules: 221—______— 15360, 15361 8-7— ______15470,15753 231- 16870,17433 8-19—,______15753 240_ ~“~ 8-52______15754 _____ 15838 26 CFR 241___IIIIIIIII _____ 17433 8-74______15754 Proposed Rules: 1------15556 8-75______,______15470, 15754 151______17106 12B-1______17333 150______15419 230_ " 101-14______16544 .17033,17034,17180 28 CFR 101-46______17170 239______17033,17180 101-47-1______16545 240_ 17034, 17180, 17343 0______15413, 16594 42 CFR >8 CFR 29 CFR 57______i.______15797 2- .15643,17387 657______15556 81______15415, 17333 1 0 1 - ' " ' " 781______15470 P roposed R ules: 141-'"“ ____ _ 17434 788— ______15794 154, " " ___ 17434 74l— ______15800.17338 157-"" 15643,. 16594 P roposed R ules : 78————————— 16557 201, 15643,¡17331 ,531— —— — —— ———— 15486 81— _____— — 15362, .— — 17434 1500— — — — — ————_ 15655 15562, 15758, 16559, 17390, 17446 17476 FEDERAL REGISTER

43 CFR Page 45 CFR— Continued Page 47 CFR— Continued Page 20______15647 404 ______16827 P roposed R ules— Continued P ublic Land Orders: 405 ______16836 15______15806 261 (revoked in part by PLO 406 ______16839 61______17116 4706) ______15754 408 ______16843 67------15602 881 (see PLO 4706).______15754 409 ______16844 73— 15602,15603,16879,16880, 17117 1493 (revoked in part by PLO 801______— 15711 74______15422 4696) — ___ — 15472 81______15366 1548 (see PLO 4706)____ 15754 46 CFR 83______15366 1583 (revoked in part by PLO 25______17480 85_____ 15366 4715)______— 15843 30 ______17480 87______15299 1626 (revoked in part by PLO 31 ______.______17481 89______15808 4715)______15843 32 ______— 17481 91______15808 2624 (revoked in part by PLO 33 ______17481 95—______17451 4698) 15472 34 ______17481 2655 (revoked in part by PLO 35 ______1T482 49 CFR 4698)______15472 42______17482 3152 (revoked in part by PLO 45______17483 71_____ *.______15755, 17333 4715)______15843 70_^______— 17483 180______15473 3520 (modified by PLO 72____I______^____ 17483 195______._ 15473 4717) ______17170 75______17483 371______15416,17388 3584 (revoked in part by PLO 78______17483 375—______17108 4715)______15843 90______17484 393______15417 4172 (revoked in part by PLO 92______17484 1033______15356,17334 4715)______15843 94______17484 1048______15482,16623,17063 4522 (revoked in part by PLO 96 ____ 17484 1204— ______15483 4718) ______17170 97 ______17485 1222______16873 4592 (corrected by PLO 4710) _ 15755 111______17485 P roposed R ules: 4694 (corrected)-______15471 146 ___ 17485 4696 ______15472 147 _____ 17494 171______17450 4697 ______15472 160— ______17494 173 ______15660,17450 4698 _ 15472 161______— 17495 174 ______17450 4699-______15472 164__;______17498 175 ______17450 4700 ______.______15473 167______17502 176 ______17450 4701 ______— 15473 175_____ 17502 177 ______17450 4702 ______15557 177______17503 180______17450 4703 ____ — 15557 180______17503 195______15489 4704______*______15557 184______17503 230______15845 4705 ______— 15598 188______17503 371______15420,15421,17115 4706 ______15754 190______17503 1047 ______16559 4707— ______15755 192____ 17503 1048 ______17459 4708 ______— 15755 195______17504 1056______15719 4709 _ 15755 503— ______15345 1134______17037 4710 ____ 15755 510_____ — 15345 1201______17117 4711 __ 15755 P roposed R ules: 4712 ______15842 50 CFR 4713 ______15843 146______17446 4714 ______— 15843 502______15300, 17182 10______— ______15652 4715 ______15843 528— ______17072 12______15653 4716 ______16622 536______16880 28______15653, 16624, 17173 4717 _____ 17170 47 CFR 32 ______15296, 4718______17170 15356, 15358, 15558, 15598, 15653, O!______15415 15756, 15799, 16545, 16546, 16624, 4719______17170 2______15341 16873, 17109, 17173, 17334, 17445 4720— ______17333 15______17171 33 ______15654,16873,17232 64______17107,17292 280______— ______— 15416 45 CFR 73______17107,17443,17444 91______— ______15341,15342 P roposed R ules: 6__ — ______15560 97______j.______15343,15393 12______16626 234______17433 203______-______17294 32______15298 401 ______16802 P roposed R ules: 80______15600 16557 402 ______16819 1 — ______17116 256______403 ___ 16822 2______15366 279______— 16874

FEDERAL REGISTER VOLUME 34 • NUMBER 208 Wednesday, October 29, 1969 • Washington, D.C. PA R T II DEPARTMENT OF TRANSPORTATION

COAST GUARD

No. 208—Pt. II- ■1 17478 RULES AND REGULATIONS 5. Item PH 9a^-69 proposed changes ing, or transporting dangerous cargo Title 33— NAVIGATION AND to Subchapter D (Navigation Require- without the specific approval of the Cap­ ments for Certain Inland Waters) of tain of the Port. NAVIGABLE WATERS title 33, to permit barges operating upon * * * * * international and inland waters to dis­ (f) Rubbish and waste materials. That Chapter I— Coast Guard, Department play lights and shapes required by In­ the waterfront facility is free from rub­ of Transportation ternational Rule 5 (33 U.S.C. 1065). One comment, which supported the proposal, bish, debris, and waste materials. Burn­ [CGFR 69-89] ing rubbish in an open fire on a water­ was received. Minor editorial changes front facility is prohibited. MISCELLANEOUS AMENDMENTS TO were made to the text, and the Council CHAPTER recommended that the proposal be * * * * * adopted. (i) Heating equipment and open fires. 1. A notice of proposed rule making 6. Accordingly, after due considera­ That heating equipment is safely in­ was published in the F ederal R egister tion of all the relevant matter including stalled and maintained in good operating of February 7, 1969 (34 F.R. 1831), and the comments of the interested persons condition; that adequate clearances to in the Merchant Marine Council Public and the recommendations of the Mer­ prevent undue heating of nearby com­ Hearing Agenda dated March 20, 1969 chant Marine Council, the Commandant bustible materials are maintained be­ (CG-249). The proposed amendments U.S. Coast Guard has approved the tween heating appliances, chimneys, were identified as Items PH 1-69 to . PH amendments set forth below. stove pipes, gas vents, or other heat pro­ 9-69, inclusive. Item PH 10-69 was pub­ SUBCHAPTER D— NAVIGATION REQUIREMENTS ducing elements, and any combustible lished in the F ederal R egister of Feb­ FOR CERTAIN INLAND WATERS materials of the floor, walls, partitions or ruary 15, 1969 (34 F.R. 2254). The Mer­ roofs; that in general, clearances are chant Marine Council held a public hear­ PART 86— INTERPRETATIVE RUL­ such that continuous operation of the ing on March 24, 1969, in Washington, INGS— INLAND RULES heat producing device at full capacity D.C., on these 10 items in accordance will not increase the temperature of with the terms of the notices. Interested Subpart 86.05— Navigation Lights nearby woodwork more than 90° persons were given the opportunity to 1. Subpart 86.05 is amended by adding above the ambient temperature; that, submit written comments and to make a new section, § 86.05-ip, reading as where necessary to prevent contact oral comments regarding all the proposed follows: with movable combustible materials, amendments at the public hearing. At heating appliances are enclosed or the conclusion of the public hearing the § 86.05—10 Navigational lights ^ for screened; that spark arresters are Council at an executive session held on barges traversing both international provided on chimneys or appliances March 24 and 25, 1969, duly considered and inland waters. burning solid fuel used in locations all the proposed amendments and the Notwithstanding the provisions of where sparks constitute a hazard to comments submitted. § 80.16b of this chapter, every barge nearby combustible materials. Open fires 2. This is the first of a series of docu­ which shall have occasion during its voy­ or fires in barrels, drums, or similar ap­ ments which concern the proposals con­ age to operate upon waters to which the paratus are prohibited. (As a guide to sidered by the Merchant Marine Council International Regulations for Prevention safe installation of heating equipment, at the public hearing held on March 24, of Collisions at Sea pertain, may, for the the appropriate chapters of the Na­ 1969. Specifically, this document con­ duration of said voyage, display the navi­ tional Board of Fire Underwriters cerns the proposals designated as Items gational lights and shapes required by Building Code (current edition) are PH 5-69, PH 9a-69 and that part of Item International Rule 5 (33 U.S.C. 1065). PH 4a-69 which concerns Title 33, Code recommended.) (Sec. 2, 30 Stat. 102, as amended, sec. 633, 63 H: * * * * of Federal Regulations. The second docu­ Stat. 545, sec. 6 (b) (1), 80 Stat. 937; 33 U.S.O. ment concerns the proposals designated 157, 14 U.S.C. 633, 49 U.S.C. 1655(b)(1); 49 § 126.27 [Amended] at Items PH 2-69, PH 3-69, PH 4b- and CFR 1.4(a) (2)) 4. Section 126.27 is amended by chang­ 4c-69, PH 6a-69, PH 8-69, PH 9b-69, ing the heading to* read “General permit PH 10-69 and that part of PH 4a-69 SUBCHAPTER L— SECURITY OF WATERFRONT for handling dangerous articles or sub­ which involve amendments to Title 46, FACILITIES stances in bulk or portable tanks”, add­ Code of Federal Regulations. These two ing the words “in bulk or portable tanks” documents are being published in the PART 126— HANDLING OF EXPLO­ to follow the words “(other than desig­ F ederal R egister at about the same time. SIVES OR OTHER DANGEROUS nated dangerous cargo)” in the fifth As explained in the second document, CARGOES WITHIN OR CONTIG­ line, and by amending paragraph (b) by Item 6b-69 is being withdrawn. The only UOUS TO WATERFRONT FACILITIES changing the word “written” in the four­ items not appearing in either of these teenth line to “prior”, by deleting the two documents, Items PH 1-69 and § 126.11 [Amended] words “in containers” in paragraph PH 7-69, will appear in subsequent 2. Section 126.11 is amended by chang­ documents. Ob) (3), and by adding a new paragraph 3. Item PH 4a-69, in general, proposed ing the words “this part” in the fourth (b) (7) to read as follows: changes in the requirements for water- line to “§§ 126.15 and 126.16”. (7) Bulk shipments of dangerous cargo 3. Section 126.15 is amended by revis­ considered to involve a particular hazard. lights in various subchapters in titles 33 ing paragraphs (c), (f) , and (0 to read and 46. This document is concerned with as follows: A specific list of such commodities which the proposed amendments to Subchapter by virtue of their properties would create N (Artificial Islands and Fixed Struc­ § 126.15 Conditions for designation as unusual hazard if released, is found in tures on the Outer Continental Shelf) of designated waterfront facility. § 124.14(b) (1) of this chapter. Chapter I, Title 33. No comments were * * * * * 5. Section 126.29 is revised to read as received on this aspect of the proposal (c) Welding or hot work. Oxyacet- follows: and the Council recommended the adop­ ylene or similar welding or burning or tion without change. other hot work including electric weld- § 126.29 Supervision and control oi 4. Item PH 5-69 proposed changes to ipg or the operation of equipment is dangerous cargo. Subchapter L (Security of Vessels and prohibited on waterfront facilities or on (a) Authority. The Captain of the Port Waterfront Facilities) of title 33, con­ vessels moored thereto, during the han­ is authorized to require that any trans­ cerning handling of explosives or other dling, storing, stowing, loading, discharg­ action of handling, storing, stowing* dangerous cargoes within or contiguous ing, or transporting of explosives. Such loading, discharging, or transporting the to waterfront facilities. No comments work may not be conducted on water­ dangerous cargo covered by th is sub­ were received but minor editorial chapter shall be undertaken and con­ changes were made to the text, and the front facilities or vessels moored thereto Council recommended that the proposal while either the facility or vessel is han­ tinued only under the immediate super­ be adopted. dling, storing, .stowing, loading, discharg­ vision and control of the Captain of the

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17479 Port or his duly authorized representa­ 8. Section 144.01-25 (b) is revised toconcerns the proposals designated as tive. In case the Captain of the Port ex­ read as follows: Items PH 5—69, PH 9a-69, and that part ercises such authority, all directions, in­ of Item 4a-69 which involve amendments structions, and orders of the Captain of § 144.01—25 Ring life buoys. ***** to Title 33, Code of Federal Regulations. the Port or his representative, not in­ These two documents are being published consistent with this part, with respect to (b) An approved electric watertight, in the F ederal R egister at about the such handling, storing, stowing, loading, constructed in accordance with 46 CFR same time. Item 6b-69 is withdrawn. This discharging, and transporting; with re­ Subpart 161.001 or 161.010 of Subchapter item proposed to amend Table 45.15-97a spect to the operation of the waterfront Q (Specifications), shall be provided for of 46 CFR 45.15-97 to include vessels 750 facility; with respect to vessels handling, each ring life buoy. Waterlights con­ to 1,000 feet in length engaged on Great stowing, loading, or discharging of structed in accordance with 46 CFR Sub­ Lakes voyages. It was proposed to apply dangerous cargo at anchorages when the part 161.001 of Subchapter Q shall not to these vessels basic minimum summer operations are under the immediate con­ be installed after December 31, 1971, but freeboard requirements determined on trol and supervision of the Captain of the may be retained in existing installations the basis of Type B Table of the 1966 In­ Port or his duly authorized representa­ as long as they are maintained in good ternational Load Line Convention pro­ tive; with respect to the ingress and condition. The watertight shall be at­ vided they satisfy four construction re­ egress of persons, articles, and things and tached to the ring life buoy by a lanyard quirements listed in the proposed § 45.10- to their presence on the waterfront not less than 3 feet or more than 6 105. Subsequent to the instant public facility or vessel; and with respect to feet in length. The watertight shall be hearing a superseding notice of rule mak­ vessels approaching, moored at, and de­ mounted in a bracket near the ring life ing was published in the F ederal R egis­ parting from the waterfront facility, buoy so that when the ring life buoy is ter of June 24, 1969 (34 F.R. 9754). This shall be promptly obeyed. cast loose the waterlight will pull free second notice proposed to add to Part 45 (b) Reporting discharge of dangerous of the bracket. of Subchapter E a new § 45.15-100 which liquid commodities into the waters of the (Sec. 4, 67 Stat. 462, sec. 633, 63 Stat. 545, specified the basic minimum summer United States. To enhance the safety of sec. 6 (b) (1>, 80 Stat. 937; 43 U.S.C. 1333, 14 freeboards for vessels from 440 to 1,000 the port and to protect vessels, their U.S.C. 633, 49 U.S.C. 1655(b)(1); 49 CFR feet in length engaged in Great Lakes cargo, and waterfront facilities therein, 1.4(a)(2)) voyages provided they satisfy five con­ the discharge into the navigable waters Effective date. These amendments struction requirements listed in the pro­ of the United States of petroleum prod­ shall become effective 30 days following posed section. The minimum summer ucts, petroleum byproducts or other dan­ the date of publication in the F ederal freeboards were also determined on the gerous liquid commodities which may R egister. basis of the Type B Table of the 1966 In­ create a hazard or toxic condition in the ternational Load Line Convention. Since port area will be immediately reported Dated: October 23,1969. no adverse comments were received, the to the Captain of the Port or District P. E. T rimble, new § 45.15-10.0 was promulgated in the Commander by the owner or master of Vice Admiral, U.S. Coast Guard, F ederal R egister of July 26,1969 (34 F.R. the vessel from which the discharge oc­ Acting Commandant. 12342). This amendment renders the curred, or the owner or operator of a [F.R. Doc. 69-12836; Filed, Oct. 28, 1969; changes originally proposed in Item PH waterfront facility from which the dis­ 8:45 a.m.] 6b-69 unnecessary. The present docu­ charge occurred. ment concerns the proposals designated § 126.31 [Amended] as Items PH 2-69, PH 3-69, PH 4b- and 4c-69, PH 6a-69, PH 8-69, PH 9b-69, 6. Section 126.31 is amended by chang­ Title 46— SHIPPING PH 10-69, and that part of Item PH ing the word “Commandant” in the 12th 4a—69 which concerns Title 46, Code line to “District Commander”. Chapter I— Coast Guard, Department of Federal Regulations. The only remain­ (R.S. 4472, as amended, sec. 1, 40 Stat. 220, of Transportation ing items, Items PH 1-69 and PH 7-69, as amended, sec. 6(b)(1), 80 Stat. 937; 46 [CGFR 69-72] will appear in subsequent documents. U.S.C. 170, 50 U.S.C. 191, 49 U.S.C. 1655(b) The Merchant Marine Council has rec­ (1); 49 CFR 1.4(a) (2) ) MISCELLANEOUS AMENDMENTS TO ommended changes in a number of the CHAPTER proposals as a result of its study of the SUBCHAPTER N— ARTIFICAL ISLANDS AND FIXED proposals and the comments received STRUCTURES ON THE OUTER CONTINENTAL 1. A notice of proposed rule making from interested persons. The most sig­ SHELF was published in the F ederal R egister of February 7, 1969 (34 F.R. 1831) and nificant changes recommended by the PART 144— LIFESAVING APPLIANCES Council will be indicated in connection in the Merchant Marine Council Public with each item. Subpart 144.01— Manned Platforms Hearing Agenda dated March 20, 1969 3. Item PH 2-69 proposed miscellane­ (CG-249). The proposed amendments ous amendments to Part 146 of Sub­ 7. Section 144.01-10(b) is revised towere identified as Items PH 1-69 to PH read as follows: chapter N (Dangerous Cargoes) to clar­ 9-69, inclusive. Item PH 10-69 was pub­ ify the application of certain regulations § 144.01-10 Equipment for life floats. lished in the F ederal R egister of Febru­ and to reflect current terminology. The ***** ary 15, 1969 (34 F.R. 2254). The Mer­ significant changes in the proposed chant Marine Council held a public hear­ amendments recommended by the Mer­ (b) An approved electric watertight, ing on March 24, 1969, in Washington, constructed in accordance with 46 CFR chant Marine Council are as follows: (a) D.C., on these 10 items in accordance Withholding of the proposed change to ubpart 161.001 or 161.010 of Subchapter with the terms of the notices. Interested o uP^c^ cati°ns). shall be provided for § 146.23-100 which would have pro­ persons were given the opportunity to hibited the use of glass carboys for cor­ ach life float, Waterlights constructed submit written comments and to make in accordance with 46 CFR Subpart 161.- rosive liquids, (b) the insertion in oral comments regarding all the proposed § 146.27-32(a) of a reference to §§ 70.10- Soni Subchapter Q shall not be in­ amendments at the public hearing. At stalled after December 31, 1971, but may 44 and 90.10-38 for the definition of a the conclusion of the public hearing the space, “specially suitable for vehicles”, w etamed in existin£ installations as Council at an executive session held on „nng...^s they are maintained in good (c) changing the word “containers” to March 24 and 25, 1969, duly considered “tanks” in §§ 30.01-20, 70.05-25, 90.05-30, The watertight shall be at- all the proposed amendments and the tached to the life float by a lanyard not 146.02-30, and 188.05-30, (d) the inser­ comments submitted. tion in § 146.06-14(a) of a requirement fathn£an- \ fathom n°r more than 2 mhoms in length. The watertight shall 2. This is the second of a series of that the person preparing or supervis­ documents which concern the amend­ t h e ^ f ^ V .11 a bracket so that when ing the preparation of the dangerous win f 18 launched the water light ments considered by the Merchant Ma­ cargo manifest, rather than the master, 111 pul1 free of the bracket. rine Council at the public hearing held shall certify to its truth and accuracy to on March 24, 1969. The first document the best of his knowledge and belief, (e)

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17480 RULES AND REGULATIONS the insertion in § 146.29—27 (a) of a lim­ 6. (a) Item PH 8a-69 proposed to sonable monitoring procedures sometime itation that a stream of water from at amend Subchapters D, I, and U to require in the future. least one hose should reach all areas of the applicable vessels to carry at least 7. (a) Item PH 9b-69 proposed to the weather deck. two emergency fireman’s outfits instead amend §§ 25.05-15 and 184.15-5 to make 4. (a) Items PH 3a-69 to 3d-69 pro­of the one now required. The item also it clear that the definition of light inten­ posed various amendments to Sub- revised the components included within sity in terms of candlepower, as published chapter D (Tank Vessels). Item 3a re­ the fireman’s emergency outfit. As a re­ in the F ederal R egister of ^December 27, lated to deck foam systems; Item 3b to sult of a Comment received, the Merchant 1967 (32 F.R. 20812), will apply only to segregation of cargo; Item 3c to fire and Marine Council recommended a change new navigation lights installed on or after lifeboat drills, and Item 3d to the instal­ to 46 CPR 35.30-20 which has the effect January 1,1971. In response to comments lation of sacrificial anodes. The Mer­ of permitting manned tank barges to received the Council recommended a chant Marine Council recommended no continue to carry only one outfit, (b) minor change to the proposed amend­ changes in Items 3a, 3b, and 3c. As to Item PH 8b-69 proposed amendments to ments to ensure that the existing navi­ Item 3d, the Council recommended a §§ 35.70-20(d), 78.80-15(c), 97.70-15(c), gation lights on uninspected vessels and change in the wording of § 35.01-25(b) and 146.09-15 (e) which would require small passenger vessels under 100 gross (4) relating to composition of aluminum that the carbon monoxide concentration tons will continue to be evaluated on the alloy anodes. Item PH 3e-69 proposed an in the holds and intermediate decks same basis as they were prior to the amendment to § 111.70-10(c) (2) (ii) re­ where persons are working be main­ adoption of the intensity definition, (b) lating to the installation of explosion- tained at not more than 50 parts per Item PH 10-69 proposed to amend Parts proof lights in tank vessels. The Council million as a time-weighted average and 42 and 45 to revise, in the light of cur­ recommended approval of this proposal that persons be removed from these rent conditions, certain prescribed fees subject to the deletion of the provision spaces if the concentration exceeds 75 for the assignment of vessel load lines. that specific approval by the Comman­ parts per million. Item PH 2—69 proposed No comments were received on this item dant is required for the installation of the same change to §§ 146.27-30(0(1), and the Council recommended that the approved explosion-proof lights. 146.27-31(0 (1), and 146.27-32(0 (1). proposed amendments be adopted with­ (b) Item PH 4a-69 proposed changes These proposals were predicated on the out change, in the requirements for floating electric recommendations of the American Con­ 8. Accordingly, after due consideration waterlights. The Council recommended ference of Governmental Industrial of all the relevant matter including the that the drop test required by § 161.010- Hygienists (ACGIH). A number of comments of the interested persons and 5(b) (2) be changed from a height of 180 written and oral comments were received the recommendations of the Merchant feet to 90 feet to make it consistent with on this proposal. Some comments were Marine Council, the Commandant U.S. the test required for the floating orange to the effect that the present standard be Coast Guard has approved the amend­ smoke signal by § 160.057-4(b) (1) (i). left unchanged. Other comments urged ments set forth below. The Council also recommended that in that the proposed amendments should be SUBCHAPTER C— UNINSPECTED VESSELS §§ 33.15-20 (j), 75.20-25(0), 94.20-25 (o), consistent with an anticipated amend­ 94.20-35(e), 192.20-25(o), and 192.20- ment to 29 CPR Part 1504, Safety and PART 25— REQUIREMENTS 35(e) the requirement that the water Health Regulations for Longshoring, by light be attached to the lifefloat or buoy­ the Department of Labor. This amend­ Subpart 25.05— Navigation Lights ant apparatus by a 12-thread manila ment by the Department of Labor was and Shapes, Whistles, Foghorns, lanyard be amended to permit an equiv­ represented as being similar to the Coast Fog Bells, and Gongs alent synthetic lanyard. Item PH 4b-69 Guard proposal except that it would re­ 9. Section 25.05-15 is amended by add­ proposed a revision in the specifications quire the removal of persons from an ing a new paragraph (d) to read as for structural insulation and bulkhead affected space whenever the carbon follows: panels. The Merchant Marine Council monoxide concentration exceeds 100 recommended that § 164.007-7 (a) (2), parts per million. Still another comment § 25.05—15 Light intensity standards. requiring a retest schedule for domestic strongly urged the Coast Guard to adopt * * * * * products of 2 years and for foreign prod­ the requirement for the removal of all (d) The light intensity standards of ucts every year be changed to 5 years and persons from spaces whenever the carbon this section shall apply to new riavigation 2 years, respectively. Item PH 4c-69 pro­ monoxide concentration exceeds 50 parts lights installed and replacments of exist­ posed amendments to the specifications per million. The proposals and all the ing lights made on or after January 1, for orange smoke distress signals. The comments were duly considered by the 1971. Such lights shall be of an approved Council recommended that these pro­ Merchant Marine Council and consulta­ type. posals be adopted without any change. tions were held with representatives of the Bureau of Labor Standards of the (R.S. 4405, as amended, 4462, as amended, 5. Item PH 6a-69 contained proposals sec. 17, 54 Stat. 166, as amended, sec. 6 (b) (1), to apply the 1966 International Load Department of Labor. These consulta­ 80 Stat. 937; 46 U.S.C. 375, 416, 526p, 49 Line Convention rail and bulwark height tions indicated no opposition to the Coast U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) of one meter (39% inches) to tank, pas­ Guard proposals. Accordingly, the Mer­ senger, cargo, small passenger, and chant Marine Council recommended that oceanographic vessels. The Merchant the proposals in Item PH 8b-69 and the SUBCHAPTER D— TANK VESSELS Marine Council recommended a change related proposals in Item PH 2-69 be PART 30— GENERAL PROVISIONS in the proposal with respect to small pas­ adopted without change. Also, the Coun­ senger vessels (Subchapter T). The ef­ cil, recommended a comparible change Subpart 30.01— Administration fect of this recommendation is to apply be made to §§ 78.83-1 (b), 97.80-1 (b), the 1966 International Load Line Con­ (c), and 146.07-5 (d). Jn addition, the 10. Section 30.01-20 is amended by re­ vention rail and bulwark height of one Council considered the advisability of de­ vising the heading and paragraphs (a) meter (39% inches) only to those small veloping procedures for sampling the at­ and (b) to read as follows: passenger vessels which are subject to mosphere for carbon monoxide in the § 30.0 1 -2 0 Portable ta n k s— interpretive the 1966 International Load Line Con­ affected spaces. However, it soon became rulings— TB / ALL. vention. However, the cognizant Officer apparent that the development of moni­ (a) The phrase “drums, barrels, or in Charge, Marine Inspection is author­ toring procedures would require exten­ other packages,” as used in R.S. 4417a, ized to approve a lesser height where the sive consultations with industrial hy­ height of 39% inches will interfere with gienists and other experts. In view of the as amended (46 U.S.C. 391a), and in the normal operation of the ship and he delay involved in this undertaking, the R.S. 4472, as amended (46 U.S.C. 170), is is satisfied that the lesser height will Council recommended that the amend­ interpreted to mean portable tanks hav­ provide adequate protection. All other ments as proposed, without the monitor­ ing a maximum capacity of 110 U.S. gal- small passenger vessels covered by Sub­ ing procedures, be promulgated without Ions and Department of Transportation chapter T will continue to be covered by specification cylinders having a water the existing requirements. See 46 CFR further delay. However, the Coast Guard 177.35-1. intends to develop and promulgate rea­ capacity of not more than 1,000 pounds,

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17481 which are actually loaded and discharged (c) Tank vessels contracted for prioralent synthetic lanyard 3 fathoms in from, vessels with their contents intact. to July 1, 1969, except unmanned tank length. (b) The phrase “inflammable or barges, assigned a deeper load line un­ combustible liquid cargo in bulk” as used der Part 42 of Subchapter E (Load Lines) Subpart 33.40— Ring Life Buoys and in R.S. 4417a, as amended (46 U.S.C. of this chapter shall have efficient guard Water Lights 391a), and in R.S. 4472, as amended (46 rails or bulwarks as required by para­ 15. Section 33.40-1 (b) is revised to U.S.C 170), is interpreted to include such graph (a) of this section. Otherwise, read as follows; cargo in portable tanks of a capacity of existing rails and bulwarks previously more than 110 U.S. gallons. approved will be considered satisfactory § 33.40—1 Ring life buoys and water * * * * * so long as they are maintained in good lights, general requirem ents—- TB/ALL. (R.S. 4405, as amended, 4417a, as amended, condition. Minor repairs and alterations 4462, as amended, 4472, as amended, sec. may be made to the same standard as * * * # * 6 (b) (1), 80 Stat. 937; 46 U.S.C. 375, 391a, 416, the original construction. (b) All water lights shall be of an ap­ 170, 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2) ) proved automatic electric type, con­ Subpart 32.60— Hull Requirements for structed in accordance with Subpart Tank Vessels Construction on or 161.001 or Subpart 161.010 of Subchapter PART 31— INSPECTION AND After July 1, 1951 Q (Specifications) of this chapter. Water CERTIFICATION 13. Section 32.60-10(e) is revised tolights constructed in accordance with read as follows: Subpart 161.001 shall not be installed Subpart 31.25— Load Lines after December 31, 1971, but may be re­ 11. Section 31.25-1 is revised to read§ 32.60—10 Segregation of cargo; Grade tained in existing installations as long as follows; A, B, C, or D— TB/ALL. as they are maintained in good condition. * * * * ♦ § 31.25—1 Load lines required— * * * * * JB/OCL. (e) O-penings. (1) Except as provided (R.S. 4405, as amended, 4417a, as amended, in paragraph (c) of this section, there 4462, as amended, sec. 6 (b) (1), 80 Stat. 937; All tank vessels of 150 gross tons or shall be no manholes or other openings 46 US.C. 375, 391a, 416, 49 U.S.C. 1655(b) (1); over, or 79 feet in length or greater, navi­ from cargo tanks to any other enclosed 49 CFR 1.4(a) (2)) gating the oceans, coastwise waters, and spaces. An exception may be made to Great Lakes are subject to the regula­ allow direct access from cargo tanks to tions in Parts 42 to 45, inclusive, Sub­ innerbottoms through gas tight bolted PART 34— FIREFIGHTING EQUIPMENT chapter E (Load Lines), of this chapter, manholes, provided: . Subpart 34.20— Deck Foam System, as applicable. (1) The innerbottom tanks are voids (R.S. 4405, as amended, 4417a, as amended, or ballast tanks only, and Details 4462, as amended, sec. 2, 45 Stat. 1493, as (ii) The innerbottom tanks are pro­ § 34.20—1 [Amended] amended, sec. 2,49 Stat. 888, as amended, sec. tected from sources of ignition similar 6(b)(1), 80 Stat. 937; 46 U.S.C. 375, 391a, to the cargo tanks, and any bilge or bal­ 16. Paragraphs (a) and (b) of § 34.20-1 416, 46 U.S.C. 85a, 88a, 49 U.S.C. 1655(b) (1); are amended by changing the date from 49 CFR 1.4(a) (2)) last pumping system serving the inner- “January 1-, 1962” to “January 1, 1970”. bottom tanks are treated like cargo 17. Section 34.20-5 (b) is revised to pumping systems. read as follows: PART 32— SPECIAL EQUIPMENT, MA­ (2) Any vents, sounding tubes, and CHINERY, AND HULL REQUIRE­ similar piping passing through such § 34.20-5 Quantity of foam required— MENTS tanks shall be run in a suitable trunk; T/ALL. or such piping shall have a wall thick­ * * * * * Subpart 32.01— Safety Requirements ness equal to oir greater than the inner- (b) Rate of application. The water 12. Section 32.01-10 is revised to read bottom plating, but not less than sched­ rate of the foam production equipment as follows: ule 80, and shall be welded continuously shall be determined as follows: on both sides of the innerbottom plating. § 32.01-10 Rails—'TB/ALL. (1) For usual petroleum products the (R.S. 4405, as amended, 4417a, as amended, water rate shall be at least 0.016 gallons (a) All tank vessels, except unmanned 4462, as amended, sec. 6 (b) (1), 80 Stat. 937; per minute for each square foot of the tank barges, contracted for on or after 46 U.S.C. 375, 391a, 416, 49 U.S.C. 1665(b) (1); cargo area or 0.24 gallons per minute for July 1, 1969, shall have efficient guard 49 CFR 1.4(a) (2)) each square foot of the horizontal sec­ rails or bulwarks on decks and bridges. tional area of the single tank having the The height of rails or bulwarks shall be largest such area, whichever is greater. at least 39 y2 inches from the deck except PART 33— LIFESAVING APPLIANCES (2) For polar solvent products (e.g. that where this height would interfere alcohols, ketones, etc.) the water rate with the normal operation of the ves­ Subpart 33.15— Equipment for Life­ boats, Liferafts, or Buoyant shall be determined for each vessel. The sel, a lesser height may be approved by rate will depend upon the vessel design, the Commandant. At exposed peripheries Apparatus products to be carried and foam system of the freeboard and superstructure decks 14. Section 33.15^0(1) is revised toto be used. the rails shall be in at least three courses read as follows: including the top. The opening below the ♦ * * * * lowest course shall not be more than 9 § 33.15—20 Description of equipment § 34.20-15 [Amended] inches. The courses shall not be more for liferafts and buoyant appa­ 18. Section 34.20-15(c) is amended by than 15 inches apart. In the case of ships ratus— TB/LBR. adding between the first and second sen­ with rounded gunwales, the guard rail * * * * * tences the sentence reading as follows: supports shall be placed on the flat of the (j) Water light. The water light shall “At least 50 percent of the required rate deck. On other decks and bridges the be of an approved automatic electric of application shall be from mounted ap­ rails shall be in at least two courses, in­ type, constructed in accordance with pliances.” cluding the top, approximately evenly Subpart 161.001 or Subpart 161.010 of spaced. All rails shall consist of solid or Subchapter Q (Specifications) of this § 34.20—90 [Amended] tubular sections or chains or wire rope chapter. Water lights constructed in ac­ 19. The heading of § 34.20-90 and °r a combination thereof. cordance with Subpart 161.001 shall not paragraphs (a) and (a) (3) thereof are (b) Where it can be shown to the be installed after December 31, 1971, amended to change the date, “January 1, satisfaction of the Commandant that a but may be retained in existing installa­ 1962” to “January 1, 1970”. essel is engaged exclusively on voyages tions as long as they are maintained in (R.S. 4405, as amended, 4417a, as amended, 1 a sheltered nature, the provisions of good condition. The water light shall be 4462, as amended, sec. 6(b )(1), 80 Stat. 937; Paragraph (a) of this section may be attached to the liferaft or buoyant ap­ 46 U.S.C. 375, 391a, 416, 49 U.S.C. 1655(b) (1); relaxed. paratus by a 12-thread manila or equiv­ 49 CFR 1.4(a) (2) )

FEDERAL REGISTER, VOt. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17482 RULES AND REGULATIONS

PART 35— OPERATIONS where fitted, shall be operated for at least as conditions require to insure that dan­ 5 minutes. gerous concentrations do not develop. Subpart 35.01— Special Operating (4) The passengers, if carried, shall Such tests shall be made in the area in Requirements be encouraged to fully participate in which persons are working, by persons these drills and shall be instructed in the acquainted with the test equipment and 20. Section 35.01-25 is revised to read use of the life preservers. procedure. Th carbon monoxide concen­ as follows: C5) In port, every lifeboat shall be tration in the holds and intermediate § 35.01—25 Sacrificial anode installa­ swung out, if practicable and the unob­ decks where persons are working shall be tions— TB /ALL. structed lifeboats shall be lowered to the maintained at not more than 50 parts (a) The installation of magnesium water and the crew exercised in the use per million (0.005% ) as a time-weighted sacrificial anodes in cargo tanks utilized of the oars and other means of propul­ average, and persons shall be removed for the carriage of flammable or combus­ sion if provided for the lifeboat. Although from the area if the concentration ex­ tible liquids in bulk is prohibited. all lifeboats may not be used in a partic­ ceeds 75 parts per million (0.0075 %). (b) A sacrificial anode using an alumi­ ular drill, care shall be taken that all When necessary, portable blowers of ade­ num alloy will be permitted in cargo lifeboats are given occasional use to as­ quate size and location shall be utilized. tanks under the following criteria: certain that all lowering equipment is in He He He He He (1) The maximum allowable energy proper order and the crew properly (R.S. 4405, as amended, 4462, as amended, that can be developed by a falling anode trained. The Master shall be responsible sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, shall be 200 foot-pounds. that each lifeboat is lowered to the water 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) (2) No anode shall be installed more at least once in each 3 months. than 6 feet above the bottom of the tank. (6) When the vessel is underway, and Special consideration will be given when weather permitting, all lifeboats shall be SUBCHAPTER E— LOAD LINES structural design prevents the anodes swung out to ascertain that the gear is PART 42— DOMESTIC AND FOREIGN from falling in event of failure of the in proper order. VOYAGES BY SEA attachments. (7) The person in charge of each life­ (3) Each anode shall have at least boat and liferaft shall have a list of its Subpart 42.35— Load Line Assign­ two welded or bolted connections to the crew and shall see that the men under his ment, Surveys, and Inspections; supporting structure. Special considera­ command are acquainted with their Fees and Other Expenses tion will be given to proprietary at­ duties. tachments which provide equally safe * * Ht Hi Hi 24. Section 42.35-1 is amended by re­ vising Table 42.35-1 and adding a new installations. Subpart 35.30— General Safety Rules (4) The plans of the anode installa­ paragraph (d) to read as follows: tion and a chemical analysis of the alloy 22. Section 35.30-20 is amended by re­ § 42.35—1 Scale of fees. composition shall be submitted for ap­ vising paragraph (a) and adding to it proval. The anode should be magnesium new subparagraphs (5), (6), and (7) (a) * * * free and the silicon content limited to reading as follows: T able 42.36-1—F ees for Assignment of Load Line trace amounts. § 35.30—20 Emergency equipm ent— (5) The recommended construction of TB/ALL. Classed Un- Fee numeral or gross tonnage > vessels classed the anode should utilize a mild steel core (a) All tankships having tanks which vessels with necessary attachments. Other types exceed 15 feet in depth, measured from may be used but will require special the deck to the lowest point at which Under 200 gross tons...... $30 $150 consideration. 200 and under 400 gross tons...... 30 190 cargo is carried, all tankships on an in­ 400 and under 700 gross tons...... 35 230 (c) Sacrificial anodes using materials ternational voyage, and all tankships of 700 and under 1,000 gross tons...... 40 285 other than those having aluminum 1.000 and under 1,500 gross tons..... 40 345 1,000 gross tons and over shall be pro­ 1.500 and under 2,500 gross tons..... 50 405 and/or magnesium in whole or in part vided with at least two emergency outfits. 2.500 and under 3,500 gross tons__ 60 465 are permitted. All other manned tank vessels shall be 3.500 and under 5,000 gross tons..... 70 525 5.000 and under 6,500 gross tons__ 85 585 Subpart 35.10— Fire and Emergency provided with at least one emergency 6.500 and under 8,000 gross tons..... 100 646 outfit. Each outfit shall'be equipped as 8.000 and under 10,000 gross tons___ 110 705 Requirements 10.000 and under 12,000 gross tons... 120 765 follows: 12.000 and under 15,000 gross tons... 130 825 21. Section 35.10-5 (e) is revised to Hi * Hi Hi * 15.000 gross tons and a b o v e . 140 . 885 read as follows: (5) Boots and gloves of rubber or other § 35.10—5 Emergency signals; fire arid electrically nonconducting material. 1 Fee numeral shall be calculated equal to -— — lifeboat drills— T/ALL. 140 (6) A rigid helmet which provides ef­ in w hich L, B, and D are the molded dimensions. The * * * * * fective protection against impact. fee numeral is to be used where it is greater than the (e) The fire and boatv drill shall be (7) Protective clothing of material gross tonnage. conducted as if an actual emergency ex­ that will protect the skin from the heat - * * * * isted. All hands should report to their of fire and burns from scalding steam. The outer surface shall be water (d) For full strength or subdivision respective stations and be prepared to load line calculations, a fee commen­ perform the duties specified in the sta­ resistant. surate with the amount of work involved tion bill. Ht Hi Hi Hi Hi will be charged with $100 as a minimum (1) Fire pumps shall be started and Subpart 35.70— Power-Operated fee. a sufficient number of outlets used to ascertain that the system is in proper Industrial Trucks § 42.35—5 [Amended] working order. 23. Section 35.70-20(d) is revised to 25. Section 42.35-5(a) is amended by (2) All rescue and safety equipment read as follows: changing “50 percent’’ in the third line shall be brought from the emergency §35.70—20 Special operating condi­ to “75 percent’’. equipment lockers and the persons des­ tions—TB / ALL. ignated shall demonstrate their ability § 42.35—10 [Amended] to use the equipment. Hi Hi Hi Hi Hi 26. Section 42.35-10(a) is amended by (3) Weather permitting, lifeboat cov­ (d) Spaces exposed to carbon monox­changing “$25” in the second line to ers and strongbacks shall be removed, ide or other hazardous vapors from ex­ “$45” and by changing “$35” in the third plugs or caps put in place, boat ladders hausts of power-operated industrial line to “$55”. secured in position, painters led forward trucks shall have adequate ventilation. (R.S. 4405, as amended, 4462, as amended, sec. and tended, and other lifesaving equip­ The senior deck officer shall see that 2, 45 Stat. 1493, as amended, sec. 2, 49 Stat. 888, as amended, sec. 6(b) (1), 80 Stat. 937; ment prepared for use. The motor and tests of the carbon monoxide content of 46 U.S.C. 375, 416, 85a, 88a, 49 U.S.C. 1655 hand-propelling gear of each lifeboat, the atmosphere are made as frequently (b) (1); 49 CFR 1.4(a) (2))

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17483 PART 45— MERCHANT VESSELS WHEN rails or bulwarks shall be at least 39% accordance with Subparts 160.012, ENGAGED IN A VOYAGE ON THE inches from the deck. At the peripheries 161.001, or 161.010 of Subchapter Q GREAT LAKES of the freeboard and superstructure (Specifications) of this chapter. Water decks and at the peripheries of all decks lights constructed in accordance with Subpart 45.25— Fees and Form of accessible to passengers, rails shall be in Subpart 160.012 or 161.001 shall not be Certificate at least three courses including the top. installed after December 31, 1971, but The opening below the lowest course may be retained in existing installations § 45.25—1 [Amended] shall not be more than 9 inches. The as long as they are maintained in good 27. Section 45.25-1 is amended bycourses shall not be more than 15 inches condition. The water light shall be at­ changing “§ 43.40-5” in the fifth line to apart. In the case of ships with rounded tached to the liferaft by a 12-thread “Subpart 42.35”. gunwales the guard rail supports shall manila or equivalent synthetic lanyard 3 be placed on the flat of the deck. On fathoms in length. (R.S. 4405, as amended, 4462, as amended, other decks-and bridges the rails shall sec. 2, 49 Stat. 888, as amended, sec. 6 (b) (1), Subpart 75.43— Ring Life Buoys 80 Stat. 937; 46 U.S.C. 375, 416, 88a, 49 U.S.C. be in at least two courses, including the 1655(b) (1);,49 CFR 1.4(a) (2)) top, approximately evenly spaced. and Water Lights (b) Where the height of the rails in­ 34. Section 75.43-5 (b) is revised to terferes with the business of the vessel, read as follows: SUBCHAPTER H— PASSENGER VESSELS as in the case of a sport fishing vessel, § 75.43—5 General. pa rt 70— g e n e r a l p r o v is io n s other arrangements may be specifically approved by the Commandant. However, * * * * * Subpart 70.05— Application in general, the effective rail or bulwark (b) All water lights shall be of an ap­ 28. Section 70.05-25 is amended by re­height above the deck on which the pas­ proved type, constructed in accordance vising the heading and paragraphs (a) sengers stand shall be at least 30 inches. with Subparts 160.012, 161.001 or 161.010 and (b) to read as follows; (c) On the passenger decks of ferry­ of Subchapter Q (Specifications) of this boats, excursion vessels, and vessels of a chapter. Water lights constructed in ac­ § 70.05—25 Portable tanks— interpretive similar type, the space below the top of cordance with Subpart 160.012 or 161.001 rulings. the rail shall be fitted with suitable wire of this chapter shall not be installed af­ (a) The phrase “drums, barrels, or mesh or the equivalent. Depending upon ter December 31, 1971, but may be re­ other packages,” as used in R.S. 4417a, the type of construction, the lower rail tained in existing installations as long as amended (46 U.S.C. 391a), and in courses may not be required. as they are maintained in good condition. R.S. 4472, as amended (46 U.S.C. 170), is (d) Where it can be shown to the sat­ * * * * * isfaction of the Commandant that a ves­ interpreted to mean portable tanks hav­ (R.S. 4405, as amended, 4462, as amended, ing a maximum capacity of 110 U.S. sel is engaged exclusively in voyages of sec. 6 (b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, gallons and Department of Transporta­ a sheltered nature, the provisions of par­ 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) tion specification cylinders having a agraph (a) of this section may be water capacity of not more than 1,000 relaxed. pounds, which are actually loaded and 32. Section 72.40-90 is revised to read PART 78— OPERATIONS as follows: discharged from vessels with their con­ Subpart 78.80— Power-Operated tents intact. § 72.40—90 Vessels contracted for prior (b) The phrase “inflammable or com­ to July 1 ,1 9 6 9 . Industrial Trucks bustible liquid cargo in bulk” as used in (a) Passenger vessels contracted for 35. Section 78.80-15 (c) is revised to R.S. 4417a, as amended (46 U.S.C. 391a), read as follows: and in R.S. 4472, as amended (46 U.S.C. prior to July 1, 1969, assigned a deeper 170), is interpreted to include such cargo load line under Part 42 of Subchapter E § 78.80—15 Special operating conditions. (Load Lines) of this chapter shall have ***** in portable tanks of a capacity of more efficient guard rails or bulwarks as re­ than 110 U.S. gallons. quired by § 72.40-5. Otherwise, existing (c) Spaces exposed to carbon mon­ * * * * * structure, arrangements, materials, and oxide or other hazardous vapors from (R.S. 4405, as amended, 4417a, as amended, facilities previously approved will be exhausts of power-operated industrial 4462, as amended, 4472, as amended, sec. considered satisfactory so long as they trucks shall have adequate ventilation. 6 (b)(1), 80 Stat. 938; 46 U.S.C. 375, 391a, The senior deck officer shall see that tests 416, 170, 49 U.S.C. 1655(b)(1); 49 CFR 1.4 are maintained in good condition to the of the carbon monoxide content of the (a)(2)) satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and atmosphere are made as frequently as alterations may be made to the same conditions require to insure that danger­ PART 72— CONSTRUCTION AND standards as the original construction ous concentrations do not develop. Such ARRANGEMENT provided that in no case will greater de­ tests shall be made in the area in which parture from the standards of §§ 72.40-5 persons are working, by persons ac­ Subpart 72.20— Accommodations for through 72.40-20 be permitted than quainted with the test equipment and Officers and Crew presently exists. procedure. The carbon monoxide con­ centration in the holds and intermediate § 72.20—10 [Amended] (Sec. 2, 45 Stat. 1493, as amended, sec. 2, 49 decks where persons are working shall 29. Section 72.20-10 (b) is amended by Stat. 888, as amended, R.S. 4405, as amended, be maintained at not more than 50 parts 4462, as amended, sec. 6 (b) (1), 80 Stat. 937; changing “§ 43.15-1” in the 10th line to 46 U.S.C. 85a, 88a, 375, 416, 49 U.S.C. per million (0.005 %) as a timeweighted “§ 42.13-15”. 1655(b) (1); 49 CFR 1.4(a) (2)) average, and persons shall be removed Subpart 72.40— Rails and Guards from the area if the concent ation ex­ ceeds 75 parts per million (0.0075 %). § 72.40—1 [Amended] PART 75— LIFESAVING EQUIPMENT When necessary, portable blowers of ade­ 30. Section 72.40-1 (a) is amended by Subpart 75.20— Equipment for Life­ quate size and location shall be utilized. changing the date “November 19, 1952” boats, Liferafts, Lifefloats, and which appears in both the fourth and * * * * * Buoyant Apparatus (R.S. 4405, as amended, 4462, as amended, fifth lines to “July 1, 1969”. sec. 6 (b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, 31. Section 72.40-5 is revised to read as 33. Section 75.20-25 (o) is revised to49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) follows : read as follows: Subpart 78.83— Operation of Vehicles § 72.40—5 Where rails required. § 75.20—25 Description of equipment for liferafts. in Enclosed Locations (a) All passenger vessels shall have ***** 36. Section 78.83-1 is amended by de­ efficient guard rails or bulwarks on decks

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17484 RULES AND REGULATIONS

§ 78.83—1 Special operating conditions. Subpart 92.25— Rails and Guards PART 94— LIFESAVING EQUIPMENT * * * * * § 92.25-1 [Amended] Subpart 94.20— Equipment for Life­ (b) Spaces exposed to carbon mon­ 39. Section 92.25-1 (a) is amended by boats, Liferafts, Lifefloats, and oxide or other hazardous vapors from changing the date “July 1, 1960” which Buoyant Apparatus exhausts of power-operated industrial appears in the fourth and fifth lines to trucks shall have adequate ventilation. “July 1,1969”. 42. Section 94.20-25(o) is revised to The senior deck officer shall see that tests 40. Section 92.25-5 is revised to read read as follows: of the carbon monoxide content of the as follows: § 94.20—25 Description of equipment atmosphere are made as frequently as for liferafts. conditions require to insure that danger­ § 92.25—5 Where rails required. * * * * * ous concentrations do not develop. Such (a) All vessels shall have efficient tests shall be made in the area in which guard rails or bulwarks on decks and (o) Water light. The water light shall persons are working, by persons ac­ bridges. The height of rails or bulwarks be of an approved type, constructed in quainted with the test equipment and shall be at least 39% inches from the accordance with Subparts 160.012, procedure. The carbon monoxide con­ deck except that where this height would 161.001 or 161.010 of Subchapter Q (Spec­ centration in the holds and intermediate interfere with the normal operation of ifications) of this chapter. Water lights decks where persons are working shall be the vessel, a lesser height may be ap­ constructed in accordance with Subpart maintained at not more than 50 parts proved by the Commandant. At exposed 160.012 or 161.001 of this chapter shall per million (0.005%) as a time-weighted peripheries of the freeboard and super­ not be installed after December 31, 1971, average, and persons shall b.e removed structure decks, the rails shall be in at but may be retained in existing installa­ from the area if the concentration ex­ least three courses, including the top. The tions as long as they are maintained in ceeds 75 parts per million (0.0075%). opening below the lowest course shall not good condition. The water light shall be When necessary, portable blowers of be more than 9 inches. The courses shall attached to the liferaft by a 12-thread adequate size and location shall be not be more than 15 inches apart. In the manila or equivalent synthetic lanyard utilized. 3 fathoms in length. case of ships with rounded gunwales the 43. Section 94.20-35 (e) is revised to (R.S. 4405, as amended, 4462, as amended, guard rail supports shall be placed on sec. 6(b) (1), 80 Stat.‘937; 46 U.S.C. 375, 416, read as follows: 49 U.S.C. 1655(b) (1); 49 CFR, 1.4(a) (2)) the flat of the deck. On other decks and § 94,20—35 Description of equipment bridges the rails shall be in at least two for lifefloats and buoyant apparatus. courses, including the top, approximately ❖ * * tie * SUBCHAPTER I— CARGO AND MISCELLANEOUS VESSELS evenly spaced. If it can be shown to the (e) Water light. The water light shall satisfaction of the Officer in Charge, be of an approved type, constructed in PART 90— GENERAL PROVISIONS Marine Inspection, that the installa­ accordance with Subpart 160.012,161.001 Subpart 90.05— Application tion of rails of such height will be un­ or 161.010 of Subchapter Q (Specifica- reasonable and impracticable, having tionsLof this chapter. Water lights con­ 37. Section 90.05-30 is amended by re­ structed in accordance with Subpart vising the heading and paragraphs (a) regard to the business of the vessel, rails 160.012 or 161.001 of this chapter shall and (b) to read as follows: of a lesser height or in some cases grab not be installed after December 31, 1971, § 90.05—30 Portable tanks— interpretive rails may be accepted and inboard rails but may be retained in existing installa­ rulings. may be eliminated if the deck is not gen­ tions as long as they are maintained in good condition. The water light shall be (a) The phrase “drums, barrels, or erally accessible. (b) Where it can be shown to the sat­ attached to the lifefloat or buoyant ap­ other packages,” as used in R.S. 4417a, as paratus by a 12-thread manila or equiva­ amended (46 U.S.C. 391a), and in RJ3. isfaction of the Commandant that a ves­ lent synthetic lanyard 3 fathoms in 4472, as amended (46 U.S.C. 170), is in­ sel is engaged exclusively in voyages of a length. terpreted to mean portable tanks having sheltered nature, the provisions of para­ a maximum capacity of 110 U.S. gallons graph (a) of this section may be relaxed. Subpart 94.43— Ring Life Buoys and and Department of Transportation speci­ 41. Section 92.25-90 is revised to read Water Lights fication cylinders having a water capacity as follows : 44. Section 94.43-5(b) is revised to of not more than 1,000 pounds, which are read as follows: § 92.25—90 Vessels contracted for prior actually loaded and- discharged from to July 1,1969. § 94.43—5 General. vessels with their contents intact. (a) Vessels contracted for prior to * * * * * ' (b) The phrase “inflammable or com­ (b) All water lights shall be of an ap­ bustible liquid cargo in bulk” as used in July 1, 1969, assigned a deeper load line under Part 42 of Subchapter E (Load proved type, constructed in accordance R.S. 4417a, as amended (46 U.S.C. 391a), with Subparts 160.012, 161.001 or 161.010 and in R.S. 4472, as amended (46 U.S.C. Lines) of this chapter shall have effi­ of Subchapter Q (Specifications) of this 170), is interpreted to include such cargo cient guard rails or bulwarks as required chapter. Water lights constructed in ac­ in portable tanks of a capacity of more by § 92.25-5. Otherwise, existing struc­ cordance with Subpart 160.012 or 161.001 than 110 U.S. gallons. ture, arrangements, materials, and facili­ of this chapter shall not be installed ties previously approved will be consid­ after December 31, 1971, but may be re­ * * * * * tained in existing installations as long (R.S. 4405, as amended, 4462, as amended, ered satisfactory so long as they are as they are maintained in good condition. sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, maintained in good condition to the sat­ * * . * * * 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) isfaction of the Officer in Charge, Marine (R.S. 4405, as amended, 4462, as amended, Inspection. Minor repairs and alterations sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, PART 92— CONSTRUCTION AND may be made to the same standards as 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) ARRANGEMENT the original construction. However, in no case will greater departure from the PART 96— VESSEL CONTROL AND Subpart 92.20— Accommodations for standards of §§ 92.25-5 through 92.25-15 MISCELLANEOUS SYSTEMS AND Officers and Crew be permitted than presently exists. EQUIPMENT § 92.20—10 [Amended] (R.S. 4405, as amended, 4462, as amended, Subpart 96.35— Fireman’s Outfit 38. Section 92.20-'10(b) is amended bysec. 2, 45 Stat. 1493, as amended, sec. 2, 49 Stat. 888, as amended, sec. 6(b) (1), 80 Stat. 45. Section 96.35-5 is amended by add­ changing “§ 43.15-1” in the 10th line to 937; 46 U.S.C. 375, 416, 85a, 88a, 49 U.S.C. ing new paragraphs (f), (g), and (h), “§ 42.13-15”. 1655(b) (1) ; 49 CFR 1.4(a) (2) ) reading as follows:

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17485

§ 96.35—5 General. The senior deck officer shall see that § 146.02—20 Repairs or work involving * * * * * teste of the carbon monoxide content of welding or burning or other hazards. the atmosphere are made as frequently (a) * * * (f) Boots and gloves shall be of rubber as conditions require to insure that dan­ or other electrically nonconducting (2) No such repairs or work shall be gerous concentrations do not develop. undertaken in holds containing any material. Such teste shall be made in the area in (g) The helmet shall provide effective which persons are working, by persons other dangerous articles as cargo, nor protection against impact. acquainted with the test equipment and -in compartments adjoining holds in (h) Protective clothing shall be of procedure. The carbon monoxide con­ which other dangerous articles as cargo material that will protect the skin from centration in the holds and intermediate are stowed, nor upon the boundaries of the heat of fire and bums from scalding decks where persons are working shall holds in which other dangerous articles steam. The outer surface shall be water be maintained at not more than 50 parts as cargo are stowed, except necessary resistant. repairs to the vessel’s main propelling per million (0.005 %) as a time-weighted or boiler plant or auxiliaries thereto, in­ 46. Section 96.35-10 is revised to readaverage, and persons shall be removed as follows: cluding main propulsion shafting and from the area if the concentration ex­ propeller. § 96.35—10 Fireman’s outfit. ceeds 75 parte per million (0.0075 %). When necessary, portable blowers of * * * * * (a) A fireman’s outfit shall consist of adequate size and location shall be 52. Section 146.02-25 is amended by one self-contained breathing apparatus utilized. revising the heading, by revising para­ with lifeline attached, one flashlight, one (R.S. 4405, as amended, 4462, as amended, graphs (a) and (b) and by adding para­ flame safety lamp, a rigid helmet, boots, graphs (d) and (e) reading as follows: and gloves, protective clothing, and one sec. 6(b) (1), 80 Stat. 937; 46 UJ3.C. 375, 416, fire ax. 49 U.S.C. 1655(b)(1); 49 CFR 1.4(a)(2)) § 146.02—25 Conditions under which (b) Every vessel shall carry at least equivalent or alternative procedures may be used. two firemen’s outfits. SUBCHAPTER J— ELECTRICAL ENGINEERING (a) When in this subchapter it is pro­ (B.S. 4405, as amended, 4462, as amended, PART 111— ELECTRICAL SYSTEM; sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, vided that a particular fitting, appli­ 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2) ) GENERAL REQUIREMENTS ance, apparatus, equipment, or pack­ aging or type thereof, shall be fitted or Subpart 111.70— Sp ecial Require­ carried in a vessel, or that any particu­ PART 97— OPERATIONS ments for Tank Vessels lar arrangement shall be adopted, the Commandant may accept in substitution Subpart 97.70— Power-Operated 49. Section 111.70-10(c) (2) (ii) is re­ vised to read as follows: therefor any other fitting, appliance, Industrial Trucks apparatus, equipment, or packaging or § 111.70—10 Special requirements for type thereof, or any other arrangement: 47. Section 97.70-15 (c) is revised to tank vessels contracted for on or read as follows: Provided, That he shall have been satis­ after November 19, 1955— TB/ALL. fied by suitable trials or tests that the § 97.70—15 Special Operating Condi­ ***** fitting, appliance, apparatus, equipment, tions. (c) * * * or packaging or type thereof, or the ar­ ***** (2 ) * * * rangement is at least as effective as that (c) Spaces exposed to carbon monox­ (ii) Where the location of a cargo specified in this subchapter. ide or other hazardous vapors from ex­ handling room does not permit the (b) In any case where it is shown to hausts of power-operated industrial lighting arrangement of subdivision (i) the satisfaction of the Commandant that trucks shall have adequate ventilation. of this subparagraph, or where the light­ the use of any particular equipment, ap­ The senior deck officer shall see that ing arrangement of subdivision (1) of paratus, packaging, or arrangement not tests of the carbon monoxide content this subparagraph, if used, would not specifically required by law is unreason­ of the atmosphere are made as fre­ provide the required illumination, ap­ able or impracticable, the Commandant quently as conditions require to insure proved explosion-proof lighting fixtures may permit the use of alternate equip­ that dangerous concentrations do not may be installed. Explosion-proof light­ ment, apparatus, packaging, or arrang- develop. Such tests shall be made in the ing fixtures in any one space shall be ment to such an extent and upon such area in which persons are working, by divided between at least two circuits and conditions as will insure, to his satisfac­ persons acquainted with the test equip­ tion, a degree of safety consistent with ment and procedure. The carbon monox­ so arranged that adequate illumination the minimum standards set forth in this ide concentration in the holds and inter­ exists for relamping any one deenergized subchapter. mediate decks where persons are working lighting circuit. * <|c 4c 4c 4c shall be maintained at not more than 50 ***** (d) Petitions for the use of alternate, Parts per million (0.005%) as a time- (R.S. 4405, as amended, 4462, as amended, equivalent, or new procedures, fitting, weighted average, and persons shall be sec. 6(b)(1), 80 Stat. 938; 46 U.S.C. 375, appliances, apparatus, equipment, pack­ removed from the area if the concen­ 416, 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) aging, or arrangements as provided in tration exceeds 75 parts per million this section shall be submitted to the (0.0075%). When necessary, portable Commandant (MHM), U.S. Coast Guard, blowers of adequate size and location SUBCHAPTER N— DANGEROUS CARGOES Washington, D.C. 20591, and shall con­ shall be utilized. PART 146— TRANSPORTATION OR tain the following information: * * * * * STORAGE OF EXPLOSIVES OR (1) The regulatory provision involved. Subpart 97.80— Operation of Vehicles OTHER DANGEROUS ARTICLES OR (2) The justification for the proposal, in Enclosed Locations including any reasons why the regula­ SUBSTANCES, AND COMBUSTIBLE tions are not appropriate, why the public 48' Section 97.80-1 is amended by de- LIQUIDS ON BOARD-VESSELS interest would be served by the proposal, eting paragraph (c) and by revising Subpart 146.02— General Regulations and the basis upon which the proposal Paragraph (b) to read as follows: would provide an adequate and reason­ § 146.02—12 [Amended] § 97.80-1 Special operating conditions. able degree of safety. ***** 50. Section 146.02-12 (a) is amended (3) A detailed description of the pro­ by changing the word “divulged” on the posal, including when appropriate draw­ Spaces exposed to carbon mon- ings, plans, calculations, procedures, test or other hazardous vapors from 24th line to “observed”. results, and previous authorizations or exhausts of power-operated Industrial 51. Section 146.Q2-20(a) (2) is revised permits, and any other supporting rucks shall have adequate ventilation. to read as follows: information.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—pt. n- -2 * 17486 RULES AND REGULATIONS (4) The chemical name, common amended (46 U.S.C. 391a), and in R.S. (c) For compressed gases when tank name, hazard classification, form, quan­ 4472, as amended (46 U.S.C. 170), is in­ cars marked DOT-105A300 are author­ tity, properties, and characteristics of the terpreted to mean portable tanks having ized, tank cars marked DOT-105A400, material covered by the proposal, includ­ a maximum capacity of 110 U.S. gallons 105A500, and 105A600 may also be ac­ ing composition and percentage (speci­ and Department of Transportation cepted; when DOT-104A tank cars are fied by volume or weight) of each specification cylinders having a water authorized, tank cars marked DOT- constituent, if a solution or mixture. capacity of not more than 1,000 pounds, 105A300, 105A400, 105A500, and 105A600 (5) Any relevant shipping or accident which are actually loaded and discharged may also be accepted; and when DOT- experience. from vessels with their content intact. 106A500 tank cars are authorized, tank (6) Types of vessels on which trans­ (b) The phrase “inflammable or com­cars marked DOT-106A800 may also be port is proposed and any special trans­ bustible liquid cargo in bulk” as used in accepted. portation controls needed. R.S. 4417a, as amended (46 U.S.C. 391a), (d) Tank cars: The regulations of (7) The name, address, and telephone and in R.S. 4472, as amended (46 U.S.C. the Department of Transportation, gov­ number of the petitioner. 170), is interpreted to include such cargo erning the transportation of explosives and other dangerous articles authorize (8) A statement or recommendation in portable tanks of a capacity of more regarding any changes to the regulations the use of fusion welded tanks on tank which would be desirable to obviate the than 110 U.S. gallons. cars. The fusion welded tank cars cor­ need for similar authorizations or special * * • * * * responding to the specification shown in the tables herein as an acceptable con­ permits. Subpart 146.04— List of Explosives or (e) If the shipment also involves tainer are also authorized for acceptance modes of transport other than water, the Other Dangerous Articles Contain­ on board vessels. These cars will be shipper must comply with 49 CFR Part ing the Shipping Name or Descrip­ marked by a “W” added to the specifica­ 170 in lieu of paragraph (d) of this tion of Articles Subject to the tion marking; for example, “DOT-103A” section. Regulations in This Subchapter will carry the marking “DOT-103A-W”, 53. Section 146.02-30 is amended by etc. revising the heading and paragraphs (a) § 146.04—5 [Amended]. (e) Cylinders of foreign manufacture and (b) to read as follows: 54. Section 146.04-5 List of explosivesreceived from foreign countries for and other dangerous articles and com­ charging with compressed gas may be § 146.02-30 Portable tanks— interpre­ charged and shipped for export when in tive rulings. bustible liquids is amended by adding in compliance with regulations governing (a) The phrase “drums, barrels, orthe proper alphabetical sequence and such charging and shipping as promul­ other packages,” as used in R.S. 4417a, as canceling certain items as follows: gated by the Department of Transpor­ tation. Bill of lading or other shipping A rticle Classed as— L abel req u ired paper shall, when possible, identify the cylinder and shall carry the following

Items added • certification: Automobiles, motorcycles, tractors, other self-propelled vehicles or mech­ These cylinders have been retested and re­ anized equipment (see: “Motor vehicles, etc.”). filled in accordance with the Department of Clothing, used (see: “Rags, scrap") ------H az...... - ♦Coconut meal pellets containing at least 6.percent and not more than IS H a z ...... —...... Transportation requirements for export. percent moisture and not more than 10 percent residual fat content. ♦Coconut meal pellets containing more than IS percent moisture or 10 F I. S ...... Y ellow; (f) Where the regulations require percent residual fat content. DOT-37A and - 37B single trip metal * Copra pellets (see: “ Coconut meal pellets”). M anganese ethylenebisdithiocarbamate (see: “Pesticides, water reactive”). drums, DOT-37D, 37E, 37F, 37G, and Motor Vehicles, etc., including automobiles, motorcycles, trucks, tractors, H az...... 37H single trip metal drums may be con­ and other self-propelled vehicles or equipment powered by internal- combustion engines, when offered new or used for transportation and tinued in use for commodities and gross which contain fuel in the engine or fuel tank or the electric storage battery weights for which they were previously is connected to either term inal of the electrical system of the vehicle. authorized until further order of the De­ Pesticides, water reactive, including but not limited to fungicides, and H az...... herbicides etc., which contain manganese ethylene-bisdithiocarbamate. partment of Transportation. (h) Where the regulations limit the Items canceled gross weight of DOT specification port­ A utom obiles, m otorcycles, tracto rs, o th e r self-propelled vehicles, or H az...... able tanks to 8,000 pounds, these port­ mechanized equipment, new or used when offered for transportation without boxing or crating and containing gasoline, or other motor fuel able tanks of gross weight not over within the fuel tank. ... 20,000 pounds may be used provided the Automobiles, motorcycles, tractors, other self-propelled vehicles or lifting gear used to load and discharge mechanized equipment, new or used with or without boxing or crating and containing no gasoline or other motor fuel within the motor or fuel the tank is of sufficient capacity to safely tank. (See: “Automobiles, motorcycles, tractors, other self-propelled handle the weight. vehicles, or mechanized equipment, etc ”) (i) Where the regulations require spec­ ification DOT-22C or DOT-15P wooden Subpart 146.05— Shipper’s Require­ W hen th e or plywood boxes or drums, specifications ments Regarding: Packing, Mark­ regulations DOT-1F or 1G polyethylene carboys in in this part These specification packagings may also ing, Labeling, and Shipping Papers call for be used wooden or plywood boxes or drums re­ specifica­ spectively, may be continued in use for 55 Section 146.05-5 is amended by tio n N os. the commodities and capacities for which deleting paragraph (g) and by revising they were previously authorized until paragraphs (b), (c), (d), (e), (f), (h), further order of the Department of 1A...... 1...... Boxed carboy, glass, or earthen­ (i), (j), (k), and (1) to read as follows: w are. Transportation. IB ...... I...... Boxed carboy, lead. § 146.05—5 DOT and ICC specification 1C...... 1...... Carboy in keg, glass or earthen­ (j) Where the regulations require spec­ packaging. w are. ification DOT-21C fiber drums, specifi­ 3A...... 3 ,2 5 ,2 6 .. C ylinder. cations 21A or 2 IB fiber drums manu­ ***** 3A A ...... 3,25,26— Cylinder. 3 B ...... 26______C ylinder. factured prior to June 27, 1962 may be (b) Packagings not specified herein3C ...... — 7—...... C ylinder. used for commodities and weights for made previous to effective date of the 3 D ...... 33...... C ylinder. 3 E ______3______C ylinder. which they were previously authorized regulations in this part and authorized 4A...... 26...... C ylinder. until further order of the Department of 4B ______26,38___C ylinder. for use under the regulations of the De­ 4B A ...... 26,38___C ylinder. Transportation. partment of Transportation, which may 4C ______7______C ylinder. (k) Where the regulations require 6B ...... 20A...... Metal drum. be continued in use, are as follows: DOT-6D or 37M cylindrical steel over-

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17487 packs, DOT-6J or 37A (single trip con­ § 146.06—14 Source of information board any ocean-going vessel subject to tainer) metal drums manufactured prior shown on manifest, list, or stowage the regulations in this part. to March 18,1964, having an inside DOT- plan. (3) A container in defined as a cargo­ 28, 2SL, 2T, or 2TL polyethylene con­ (a) The information required to ap­ carrying unit which is designed and con­ tainer, may be continued in use for the pear on a dangerous cargo manifest, list, structed to transport packaged or dry commodities and gross weights for which or stowage plan by the provisions of bulk cargoes. The container is designed they were previously authorized until § 146.06-15 (b) shall be the information to be placed on board a vessel intact, further order of the Department of actually furnished to the vessel by the with or without cargo. When used as a Transportation. shipper of the dangerous substances land transportation unit it may be in­ (1) Where the regulations specify useupon his bill of lading or other shipping tegrated with a chassis to form a high­ of metal drums, that may be constructed paper; and the owner, charterer, agent, way vehicle. with full removable head, the opening master, or person under whose supervi­ (4) A portable tank is defined as a size into the drum shall be restricted to sion the actual preparation of the mani­ tank with a capacity in excess of 110 the diameter size specified by the DOT fest, list, or stowage plan is made, shall U.S. gallons which is designed and con­ regulations for the dangerous article con­ cause the information required to be cor­ structed for transporting liquids or cerned. rectly transcribed. The person preparing compressed gases, equipped with skids, * * * * * or supervising the iireparing of the mountings, or other accessories to facili­ 56. Section 146.05-9 is revised to read dangerous cargo manifest shall certify to tate handling and securing by mechan­ as follows: the truth and accuracy of the informa­ ical means, and to be lifted on and lifted § 146.05—9 Specification packaging for tion on it to the best of his knowledge off the vessel with its contents. The outside packages. and belief by his signature and a nota­ maximum acceptable gross weight for tion of the date prepared. portable tanks is 20,000 pounds. Port­ Outside specification packaging may (b) The master, or a licensed deck able tanks in excess of 20,000 pounds be shipped tightly overpacked in strong officer designated by the master and at­ gross weight and other portable tanks outside fiberboard boxes or drums; tached to the vessel, or the person in not specifically authorized by the regu­ wooden boxes, barrels, or crates; metal charge of a barge, shall, by his signature, lations of this part may be, authorized barrels or drums; or other enclosures, acknowledge the correctness of the dan­ by the Commandant of the Coast Guard under thè following conditions. gerous cargo manifest, list, or stowage (see § 146.02-25) provided an equivalent (a) The package must contain no ex­ plan. The provisions of this paragraph degree of safety can be provided, e.g., plosives or corrosive liquids other than shall not apply to unmanned barges. by a controlled container-handling (1) Electrolyte, as listed in § 146.23- 59. Section 146.06-15 is amended by system. 100; revising subparagraphs (1) and (3) of * * * * * (2) Electric storage batteries contain­ paragraph (b) to read as follows: ing electrolyte; or (7) A containership is a vessel de­ (3) Fire extinguisher charges. § 146.06—15 Information required on signed and constructed to transport (b) The outermost packaging must be manifests, lists, or stowage plans. portable tanks and containers which are marked with the prescribed name of con­ * * * * * lifted on and lifted off with their con­ tents and labeled as required by the (b) * * * tents intact. regulations in this part. (1) Name of vessel and official num­ 62. Section 146.07-5 is revised to read (c) Packaging which is required by ber. (If the vessel has no official num­ as follows: the regulations in this part to be marked ber, the international radio call sign § 146.07—5 Permitted shipments. “This Side Up” or “This End Up” must shall be substituted.) (a) Railroad vehicles, highway ve­ be placed in the overpack with filling * * * * * holes up and the overpack must be prop­ hicles, containers or portable tanks in erly marked “This Side Up” or “This (3) True shipping name of all explo­which are loaded any permitted explo­ End Up.” sives and other dangerous articles as sives or other dangerous articles or sub­ (d) The outside of the overpack must given in the commodity list of the regula­ stances may be transported, carried or also be marked “Inside Packages Com­ tions in this part. For other than domes­ conveyed on board any vessel subject ply with Prescribed Specifications” unless tic shipments, when the shipping name of to the regulations in this part, provided the specification markings on the inside a commodity is an “N.O.S.” entry in the there is compliance with the regulations packaging are entirely visible through particular table, this entry shall be qual­ in this subpart. openings in the overpack. ified by the chemical name of the com­ (b) Railroad vehicles, highway vehi­ 57. Section 146.05-12(f) (5) is revised modity in parentheses, e.g., “Corrosive cles, containers or portable tanks in to read as follows: Liquid, N.O.S. (caprylyl chloride).” which are loaded explosives or other ***** dangerous articles or substances or com­ § 146.05—12 Originating shipping or­ bustible liquids shall not be transported, der, transfer shipping paper. Subpart 146.07— Railroad Vehicles, carried or conveyed on board passenger * * * * * Highway Vehicles, Containers or vessels unless such items are specifically

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17488 RULES AND REGULATIONS transportation. Packages marked with proved by the Commandant of the U.S. played in a conspicuous place in addition stowage instructions such as “This side Coast Guard. to the required placard. Individual pack­ Up>» or “This end up” shall be so stowed. (c) Railroad or highway vehicles, toages are exempt from the labeling re­ (d) Railroad vehicles, highway vehi­ which is attached a tank, or portable quirements provided they are not re­ cles, containers and portable tanks tanks which previously contained a sub­ moved from the vehicle, container, or equipped with refrigerating or heating stance defined as dangerous by the reg­ portable tank while aboard the vessel. equipment using a flammable liquid or ulations in this part, shall be transported § 146.07—30 [Amended] in accordance with § 146.27-100. gas as fuel, and having such fuel in the 66. Section 146.07-30 is amended by fuel tank shall be transported only “On 64. Section 146.07-15 is revised to read changing the words “vans or portable deck”. Such equipment may be operated as follows: on board the vessel when the “On deck” containers” in the second line to “con­ stowage is provided. Equipment stowed § 146.07—15 Acceptance on board ves­ tainers or portable tanks”. on deck may be refueled under supervi­ sels. 67. Section 146.07-35 is revised to read sion of a qualified officer of the vessel (a) The master, owner, charterer, as follows: assigned for such duty who shall insure agent or other person in charge of the § 146.07—35 Exem ption o f railroad and that adequate safety precautions are ob­ vessel shall require the shipper or his highway vehicles, container or porta­ served. Railroad vehicles, highway vehi­ agent, or the delivering carrier, or the ble tank from detailed handling or cles, containers and portable tanks hav­ driver of the vehicle to furnish a copy stowage requirements. ing refrigerating or heating equipment of the shipper’s shipping order, shipping (a) Detailed regulations governing operated by internal combustion engines paper, bill of lading, manifest or other handling and stowage of permitted ex­ using fuel other than a flammable liquid memorandum, or a waybill prepared plosives, inflammable (flammable) li­ or gas may be stowed and operated below from information furnished in the ship­ quids, inflammable (flammable) solids, deck provided that dangerous concentra­ per’s shipping order bearing the certifi­ oxidizing materials, corrosive liquids, tions of carbon monoxide do not develop. cation required by § 146.07-20 before ac­ compressed gases, or poisons on board The senior deck officer shall see that tests cepting any railroad or highway vehicles, vessels do not apply to such substances of the carbon monoxide content of the containers or portable tanks, in which loaded in railroad or highway vehicles, atmosphere are made as frequently as are loaded explosives or other dangerous containers, or portable tanks, provided conditions require. Such tests shall be articles or substances. This shipping such substances remain within the ve­ made in the area in which persons are paper shall have entered upon it the hicles, containers, or portable tanks and working, by persons acquainted with the proper and definite name of the com­ are certified in accordance with § 146.- test equipment and procedure. The con­ modity or commodities contained therein 07-20. Permit requirements for explosives centration of carbon monoxide in the according to § 146.04-5, the total quan­ (§§ 146.20-85, 146.20-87), ammonium holds and intermediate decks where per­ tity by weight or volume, the prescribed nitrate (§ 146.22-30) and nitro carbo sons are working shall be maintained at label when required for the outside con­ nitrate C§ 146.22-40) are applicable. not more than 50 parts per million tainer of such article, the name and ad­ (b) Detailed regulations governing (0.005 %) as a time weighted average, dresses of the consignor and consignee, handling and stowage of hazardous ar­ and persons shall be removed from the and the identification number of the ticles or combustible liquids on board area if the concentration exceeds 75 parts vehicle, container or portable tank. In vessels do not apply to such articles or per million (0.0075 %). When necessary, lieu of the consignee’s name shipping substances loaded in railroad or high­ a mechanical ventilation system of ade­ marks may be used. The Dangerous way vehicles, containers, or portable quate capacity shall be utilized. The Cargo Manifest or List (§ 146.06-12) tank, provided such articles or substances stowage shall be in accordance with the shall be compiled from this information are certified on the shipping paper as requirements of this part for the par­ of this part. being properly described by name, and ticular commodity. If the equipment is (b) The master or other person in as being packed, marked, and in proper secured, and the fuel tank completely charge of the vessel shall assign an of­ condition for transportation according drained, the railroad vehicle, container, ficer of the vessel to supervise the ac­ to the regulations in this part. or portable tank may be stowed in ac­ ceptance and stowage of railroad or 68. Section 146.07-40 is amended by cordance with the requirements of this highway vehicles, containers, or portable revising the introductory paragraph and part and subpart without any further tanks containing permitted explosives of paragraphs (a), (b), and (d) to read as restrictions. other dangerous articles or substances. follows: (e) All of that portion of the lading This officer shall examine the vehicles, of any railroad vehicle, highway vehi­ containers, or portable tanks for signs of § 146.07—40 Stowage on board vessels. cle, container, or portable tank which leaking, damage to the container, or sift­ Railroad or highway vehicles, con­ consists of explosives or other danger­ ing of contents. For tanks he shall ex­ tainers, or portable tanks in which are ous articles shall be contained entirely amine dome covers to ascertain if they loaded any permitted explosives or other within its body or within the horizontal are fitted securely; check valves, piping, dangerous articles or substances which outline thereof, without overhang or pro­ and the tanks for leakage or excess resi­ are certified on the shipping papers as jection of any part of the load, and if due of lading. Any vehicle, container, or being described, packed, marked, and such railroad vehicles, highway vehicle, portable tank found to be damaged, leak­ labeled in accordance with Departm ent container, or portable tank has a tail­ ing, or sifting, or having excess residue of Transportation regulations, or hazard­ board or tailgate, it shall be closed and of lading adhering thereto shall not be ous articles which are described, packed, secured in place during such trans­ accepted for transportation. and marked in accordance with the regu­ portation.. 65. Section 146.07-25 is revised to read lations in this part, shall when taken 63. Section 146.07-10 is amended byas follows: on board the vessel be stowed in accord­ revising paragraphs (b) and (c) to read § 146.07—25 Marking and placarding. ance with the following provisions: as follows: (a) Explosives. Plans and specifica­ (a) Railroad vehicles, highway ve­ tions for highway vehicles, and contain­ § 146.07—10 Tank containers. hicles, containers, or portable tanks in ers proposed to be used for transportation ♦ * * * * which are loaded explosives or other dan­ of explosives, for which a permit is re­ (b) This section does not apply to gerous articles in any amount shall be quired by §§ 146.20-85 and 146.20-87, tank containers removed from the vehi­ marked with the placards as described shall be specifically approved by the cle chassis or underframe. Such contain­ in the Department of Transportation Commandant of the Coast Guard. Vehi­ ers shall be considered portable tanks regulations pertaining to each means of cles or other containers loaded with per­ transportation, and shall carry an iden­ mitted explosives are not required to be and the materials, design, construction tification number. given magazine stowage provided the and method of handling shall be as (b) The label required for the dan­ vehicles or containers form a complete specified in this part (i.e., certain DOT gerous cargo within the vehicle, con­ magazine. Such vehicles or container« specification tanks) or as specifically ap- tainer, or portable tank shall be dis­ may be stowed “Under deck” and away

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17489

from all sources of heat, and not over­ § 146.08—3 [Redesignated] T able 146.10-35—Safe Distance for P ersons and Undeveloped F ilms stowed. No vehicle or container contain­ 70. Subpart 146.08 is amended by re­ ing any other dangerous articles that re­ designating § 146.08-1 as § 146.08-3. MINIMUM DISTANCE IN FEET FROM UVING ACCOMMODA­ quire a placard by this subpart shall be 71. Subpart 146.08 is amended by add­ TION OR REGULARLY OCCUPIED WORKING SPACE stowed within a distance of 100 feet or ing a new § 146.08-1 to read as follows: unless separated by two continuous per­ * * * A B C D * ♦ » manent deck or bulkheads from vehicles § 146.08—1 Applicability and defini­ or containers loaded with Class A or tions. 10 10 10 10 10 10 10 10 Class B explosives. Blasting caps or other (a) The regulations in this subpart 10 10 10 10 detonators in any quantity shall not be apply to railroad vehicles and highway 10 10 10 10 transported in the same vehicle or con­ 16 10 10 10 vehicles in which are loaded any per­ 25 10 10 10 tained with any other explosives. In addi­ mitted explosives or other dangerous 40 15 10 10 tion to the usual securing means pro­ 60 20 10 10 articles or substances, as defined in this 80 25 10 10 vided, vehicles or containers loaded with part, when transported, carried, or con­ 110 30 10 10 explosives shall be anchored by an addi­ veyed on board any railroad car ferry or 130 35 10 10 tional securing means satisfactory to the ferry vessel subject to the regulations in U.S. Coast Guard and the master of the this part. vessel so as to completely secure the en­ Subpart 146.20— Detailed Regulations (b) For purposes of the regulations Governing Explosives tire unit to prevent any movement of the in this subpart the following definitions body thereof. apply: 74. Section 146.20-23 (p) is revised to (b) Other dangerous articles. No dan­ (1) A railroad vehicle is a cargo­ read as follows: gerous articles or substances may be carrying body or tank attached to an § 146.20—23 Stowage of explosives with stowed in the same vehicle or container underframe and wheels (e.g., box car, with any other article or substance with other dangerous articles. tank car, etc.) intended for use over ***** which it is incompatible according to the the railroad system. regulations in this part. Vehicles or con­ (2) A highway vehicle is a cargo­ (p) Explosives shall not be stowed in tainers loaded with any other permitted carrying body or tank attached to the the same hold or compartment with haz­ dangerous article shall be stowed on chassis and wheels intended for use over ardous articles, except that empty com­ board the vessel in accordance with the the highway. pressed gas cylinders which previously stowages required in the tables for the contained nonflammable compressed gas substances within the vehicles. Such Subpart 146.09— Cargo Handling and may be stowed with Class C Explosives. stowages are not feasible in each in­ Storage Devices, U.S. Coast Guard ***** stance for railroad or highway vehicles Container Specifications or containers stowed below deck on ves­ Subpart 146.21— Detailed Regulations sels; and, for the purpose of adopting 72. Section 146.09-15(e) (3) is revised Governing Inflammable Liquids these stowages to the conditions incident to read as follows: § 146.21—100 [Amended] to transportation of railroad and high­ § 146.09—15 Power-operated industrial way vehicles, and containers in this trucks. 75. Section 146.21-100 Table D— method of transportation, a conversion ***** Classification; inflammable liquid is table is shown in paragraph (c) of this (e) * * * amended by deleting from the entries section. Permitted stowages as shown in for the article “Cement, leather, etc.” the Tables A through K for the substances (3) Spaces exposed to carbon mon­ words “Authorized only for viscous liq­ loaded within the vehicles may be con­ oxide or other hazardous vapors from ex­ uids; Portable tank (ICC-52 alumi­ verted in accordance with this conver­ hausts of power-operated industrial num), not over 500 gal. cap.” in the sion table. When so converted the stow­ trucks shall have adequate ventilation. The senior deck officer shall see that fourth column which is headed “Re­ age in columns 2 and 3 may be utilized quired condition for transportation— m lieu of the stowage indicated under tests of the carbon monoxide content column l. of the atmosphere are made as fre­ Cargo vessel”; by deleting from the en­ quently as conditions require to insure tries for the article “Methylhydrazine” that dangerous concentrations do not de­ the words “Carboys, boxed, glass (ICC- (d) Compatibility of other dangerous velop. Such tests shall be made in the articles. No vehicle, container or portable ID) not over 6V2 gal. cap.” which is lo­ area in which persons are working, by cated under the fourth column which is tank loaded with dangerous articles re­ persons acquainted with the test equip­ quiring a placard or label under this sub- ment and procedure. The carbon mon­ headed “Required conditions for trans­ Part shall be stowed adjacent to a plac- oxide concentration in the holds and portation—Cargo vessel”; and by de­ j" “ or labeled vehicle, container or intermediate decks where persons are leting from the entries for the article Portable tank loaded with other danger­ working shall be maintained at not more “Paint, enamel, lacquer, etc.” the words ous articles which would not be permitted than 50 parts per million (0.005 %) as a “Portable tanks (ICC-52 aluminum or owage in the same hold or compart- time-weighted average, and persons ent under the detailed stowage regu- shall be removed from the area if the magnesium) not over 500 gal. cap.” thi0nt’-Subparts 14619 to 146.26, unless concentration exceeds 75 parts per mil­ which is located under the fourth column me vehicles, containers or portable tanks lion (0.0075 %). When necessary, port­ which is headed “Required conditions for h pei^arated by an intervening water- able blowers of adequate size and loca­ transportation—Cargo vessel”. ugnt steel deck or bulkhead. The term tion shall be utilized. Subpart 146.22— Detailed Regulations as 1186(1 in this paragraph ***** tj-at a side> end> toP, or bottom Governing Inflammable Solids and tnn Ce dlrectly faces another side, end, Subpart 146.19— Detailed Regula­ Oxidizing Materials tn?! 0r bottom surface of another con­ tions Governing Radioactive Ma­ tainer or portable tank. terials § 146.22—100 [Amended] 76. Section 146.22-100 Table E_ Subpart 146.08— Railroad or High­ § 146.19—35 [Amended] Classification; Inflammable Solids is l y Vehicles Loaded With Danger­ 73. Section 146.19-35 is amended by ous Substances and Transported on amended by adding a new article, “Co­ revising the figures in Table 146.19-35 conut meal pellets” to read as follows: Board Ferry Vessels only in the columns, “A,” “B,” “C,” and “D” under the heading “M inimum dis­ (1) In column 1 (in proper alphabeti­ ameniSe»,hef ding to Sul>part 146.08 is cal sequence): Xoi?ed by Inserting the word “Perry” tance in feet from living accommodation or regularly occupied working space” Coconut meal pellets containing more than forth above.rd "Vessels" t0 read “ 13 percent moisture or 10 percent residual reading as follows: fat content.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29 1969 17490 RULES AND REGULATIONS (2) In column 2: ient to but outside of the cargo spaces. holder, then secured to prevent any movement of the battery. If a battery Coconut meal pellets are made from copra Temperatures shall be read and recorded from which most of the oil has been ex­ periodically. is packed within a boxed or crated ve­ tracted and which has been compressed into (2) An approved carbon dioxide firehicle, “This side up” markings shall be pellet form. Liable to spontaneous heating extinguishing system. applied to the outside of the shipping box or crate. from oxidation or bacteriological decay proc­ (c) The temperature of the interior of esses. (4) Such brake fluid as is actually Wet coconut meal pellets shall not he ac­ each hold must not exceed 37 V20 Centi­ contained within the brake mechanism. cepted for water transport. grade or 100° Fahrenheit at the time of (5) Motor vehicles and mechanized - loading. (3) In column 3: equipment shipped by, for, or to the (d) Fishmeal pellets must not be Department of the Army, Navy, or Air Yellow; stowed in the same hold with explosives Force may also contain electrolyte or (4) In column 4: or any other dangerous articles. corrosive battery fluid in a sufficient (e) The original bill of lading or other quantity to activate the number of elec­ Stowage: shipping paper must bear the shipper’s “On deck protected.” tric storage batteries necessary for op­ “On deck under cover.” certifying statement that the fishmeal eration of the military vehicles or equip­ Outside containers: pellets, when offered for shipment aboard ment. It must be packed in approved Airtight metal containers. the vessel, have the characteristics re­ outside containers. Inside glass contain­ quired by this section. ers shall be cushioned on all sides with (5) In column 5: 79. Section 146.27-30 is revised to readabsorbent material in sufficient quan­ Not permitted; as follows: tity to completely absorb the fluid con­ (6) In column 6: § 146.27—30 Motor vehicles and mecha­ tents in event of breakage. The outside container must be so blocked, braced or Not permitted; nized equipment powered by internal combustion engines and fueled by stayed within the vehicle or crate that (7) In column 7: flammable liquids or flammable com­ it cannot change position during Perry stowage (BB). pressed gases. transit. Outside containers: (a) Applicability. Automobiles, trucks, (6) Motor vehicles or mobile agricul­ Airtight metal containers. motorcycles, tractors, other motor ve­ tural machinery may be shipped with Bulk in railroad freight cars. a container of electrolyte or corrosive hicles, and mechanized equipment which battery fluid secured in a position to § 146.22—100 [Amended] are powered by internal combustion en­ prevent damage and packaged as fol­ 77. Section 146.22-100 Table E—Clas­ gines using flammable liquids or flam­ lows: Wooden boxes (DOT—15A, 15B, sification; Inflammable Solids is further mable compressed gases as fuel may be 16C, 16A, 19A) or fiberboard boxes amended by adding a new article, “Copra transported on board vessels inspected (DOT-12B, 120 WIC meeting the re­ pellets” to read as follows: and certified for ocean or coastwise voy­ quirements of DOT regulations. (1) In column 1 (in proper alphabeti­ ages, subject to the conditions of this (c) Conditions of acceptance and section. (Persons transporting motor ve­ cal sequence): hicles on ferry vessels shall comply with StOW &g6. Copra pellets containing more than 13 per­ (1) Before and after loading, vehicles the applicable requirements of Subpart shall be inspected for leaks. Vehicles cent moisture or more than 10 percent resid­ 146.08 of this part. Vessels in a service ual fat content. showing signs of leakage shall not be similar to ferry service but not over a accepted for transport. (2) In column 4: designated ferry route, may, at the dis­ (2) Vehicles may be stowed on deck or See “Coconut meal pellets containing more cretion of the Officer in Charge, Marine under deck. than 13 percent moisture or more than 10 Inspection, be treated as ferry vessels for (3) Vehicles stowed in a hold or com­ percent residual fat content.” the purposes of this section and Subpart partment shall have battery cables dis­ 146.08.) Motor vehicles are hazardous Subpart 146.27— Detailed Regulations connected and secured away from the articles if any of these three conditions battery terminals. Governing Hazardous Articles exist: (1) Fuel is contained in the fuel tank; (4) The fuel tank shall be not more 78. Subpart 146.27 is amended by than one-fourth full. adding a new section § 146.27-27, to read _(2) Fuel is contained in the engine (5) Equipment used for handling ve­ as follows: or; hicles shall be so designed that the fuel (3) The electric storage battery is tank and fuel system are protected from § 146.27-27 Fishmeal Pellets in bulk. connected to either terminal of the elec­ stresses that might cause rupture or (a) Fishmeal pellets may be carried trical system of the vehicle. other damage- incident to handling. in bulk in cargo vessels and barges sub­ (b) Vehicles shall not be considered (6) Vehicles shall be stowed so as to ject to the regulations in this part pro­ as hazardous articles and may be trans­ allow for their inspection during transit. vided the pellets have the following ported without restriction provided all (7) Portable electrical lights and hand characteristics: of the following conditions exist in the flashlights used in the stowage area shall (1) The pellets must contain at least vehicle: The fuel tank has been thor­ be of an approved explosion-proof type- 6 percent but not more than 12 percent oughly drained; the engine has been run Electrical connections for portable lights moisture by weight. until the fuel in the engine has been shall be made from outlets outside the (2) The pellets must contain no more exhausted and the engine stalls; the spaces in which vehicles are stowed. than 15 percent fat or oil by weight. battery cables have been disconnected (8) No cargo of a dangerous or hazard­ (3) The pellets must be treated and secured away from the battery ter­ ous nature other than motor vehicles and with an antioxidant acceptable to the minals and the vehicles contain no dan­ mechanized equipment shall be stowed Commandant. gerous articles other than the following: in the same hold or compartment witn (4) The pellets must be stored for a (1) Two 1-pint metal containers of vehicles having flammable liquid or flam- period of at least 21 days prior to loading. retouching enamel, either hermetically mahlp fnmnrfissfifi eras fuels in the fuel (b) Each cafgo vessel hold containing sealed or closed with a secure friction tdrllkS « fishmeal pellets in bulk must be ade­ cap. (9) Two hand-portable, dry-chemical quately ventilated and provided with the (2) One tire repair kit containing a fire extinguishers of at least 10 pounds following additional equipment: tube of cement of not more than 4 fluid capacity shall be located in accessible lo­ (1) A sufficient number of thermocou­ounces capacity, completely enclosed in cations in each hold or compartment 1 ples inserted in the fishmeal to detect a an outer metal of fiberboard container. which motor vehicles are stowed. change in the termperature of the cargo. (3) Charged electric storage batteries, (10) “No Smoking” signs shall be con­ The thermocouples must be connected to necessary for the normal operation of spicuously posted at each access open­ a monitoring device located in the wheel- a vehicle, in position in the battery ing to the hold or compartment. house or in sheltered locations conven­ holder or, if shipped outside the battery (d) General vessel requirements.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17491

<1) Spaces exposed to carbon monoxide (b) Vehicles shall not be considered as (6) Vehicles shall be stowed so as to or other hazardous vapors from exhausts hazardous articles and may be trans­ allow for their inspection during transit. of motor vehicles shall have adequate ported without restriction provided all of (7) Two hand-portable, dry-chemical ventilation. The senior deck officer shall the following conditions exist in the ve­ fire extinguishers of at least 10 pounds see that tests of the carbon monoxide hicle: the fuel tank has been thoroughly capacity shall be located in accessible content of the atmosphere are made as drained; the engine has been run until locations in each hold or compartment frequently as conditions require to en­ the fuel in the engine has been exhausted in which motor vehicles are stowed. sure that dangerous concentrations do and the engine stalls; the battery cables (8) “No Smoking” sign shall be con­ not develop. Such tests shall be made in have been disconnected and secured away spicuously posted at each access open­ the area in which persons are working, from the battery terminals and the ve­ ing to the hold or compartment. by persons acquainted with the test hicle ^contains no dangerous articles (d) General vessel requirements : equipment and procedure. The carbon other than the following: (1) Spaces exposed to carbon monox­ monoxide concentration in the holds and (1) Two 1-pint metal containers of ide or other hazardous vapors from ex­ intermediate decks where persons are retouching enamel, either hermetically hausts of motor vehicles shall have ade­ working shall be maintained at not more sealed or closed with a secure friction quate ventilation. The senior deck officer than 50 parts per million (0.005%) as a cap. shall see that tests of the carbon monox­ time-weighted average, and persons shall (2) One tire repair kit containing a ide content of the atmosphere are made be removed from the area if the concen­ tube of cement of not more than 4 fluid as frequently as conditions require to en­ tration exceeds 75 parts per million ounces capacity, completely enclosed in' sure that dangerous concentrations do (0.0075%). When necessary portable an outer metal or fiberboard container. not develop. Such tests shall be made in blowers of adequate size and location (3) Charged electric storage batteries, the area in which persons are working, shall be used to obtain sufficient necessary for the normal operation of a by persons acquainted with the test ventilation. vehicle, in position in the battery holder equipment and procedure. The carbon (2) Holds and compartments in whichor, if shipped outside the battery holder, monoxide concentration in the holds and motor vehicles and other mechanized then secured to prevent any movement of intermediate decks where persons are equipment are stowed shall be in com­ the battery. If a battery is packed within working shall be maintained at not more pliance with the following conditions: a boxed or crated vehicle, “This side up” than 50 parts per million (0.005 % ) as a (i) The holds or compartments shall markings shall be applied to the outside, time-weighted average, and persons be ventilated and fitted with an over­ of the shipping box or crate. shall be removed from the area if the head water sprinkler system or fixed fire (4) Such brake fluid as is actually concentration exceeds 75 parts per mil­ extinguishing system. contained within the brake mechanism. lion (0.0075 %). When necessary, port­ (ii) The holds or spaces shall be (5) Motor vehicles and mechanized able blowers of adequate size and loca­ equipped with a smoke- or fire-detecting equipment shipped by, for, or to the tion shall be used to obtain sufficient system. Department of the Army, Navy, or Air ventilation. Force may also contain electrolyte or (iii) Any electrical equipment in the corrosive battery fluid in a sufficient § 146.27—32 Motor vehicles and mecha­ hold or compartment other than fixed quantity to activate the number of nized equipment powered by internal explosion-proof lighting shall be discon­ combustion engines and transported nected from its power supply at a loca­ electric storage batteries necessary for on vessels in spaces specially suitable operation of the military vehicles or for vehicles. tion outside the hold or compartment equipment. It must be packed in approved while the vehicles are being handled or outside containers. Inside glass con­ (a) Applicability: Automobiles, trucks, are stowed therein. Where the discon­ tainers shall be cushioned on all sides motorcycles, tractors, other motor vehi­ necting means is a switch 6r circuit with absorbent material in sufficient cles, and mechanized equipment which breaker, it shall be locked in the open quantity to completely absorb the fluid are powered by internal combustion en­ position until the vehicles have been gines may be transported in spaces desig­ discharged. contents in event of breakage. The out­ side container must be so blocked, braced nated as specially suitable for the car­ 80. Subpart 146.27 is amended by add­or stayed within the vehicle or crate riage of vehicles on board vessels in­ ing 2 new sections, §§ 146.27-31 and 146.- that it cannot change position during spected and certificated for ocean or 27-32, to read as follows: transit. coastwise voyages, subject to the condi­ § 146.27—31 Motor vehicles and mecha­ (6) Motor vehicles or mobile agricul­ tions of this section. For the definition of nized equipment powered by internal tural machinery may be shipped with a spaces designated as “specially suitable combustion engines and fueled by container of electrolyte or corrosive bat­ for vehicles”, as applicable to U.S. vessels combustible liquids. tery fluid secured in a position to prevent see § 70.10-44 of Subchapter H and § 90.- (a) Applicability: Automobiles, trucks,damage and packaged as follows: 10-38 of Subchapter I of this chapter. motorcycles, tractors, other motor ve­ Wooden boxes (DOT-15A, 15B, I5C, 16A, (Persons transporting motor vehicles on hicles, and mechanized equipment which 19A) or Fiberboard boxes (DOT-12B, ferry vessels shall comply with the appli­ are powered by internal combustion en­ 120 WIC meeting the requirements of cable requirements of Subpart 146.08 of gines using combustible liquids as fuel DOT regulations. this part. Vessels in a service similar to may be transported on board vessels in­ (c) Conditions of acceptance and ferry service but not over a designated spected and certificated for ocean or storage. ferry route may, at the discretion of the coastwise voyages, subject to the condi­ (1) Before and after loading, vehicles Officer in Charge, Marine Inspection, be tions of this section. (Persons transport­ shall be inspected for leaks.. Vehicles treated as ferry vessels for the purposes ing motor vehicles on ferry vessels shall showing signs of leakage shall not be ac­ of this section and Subpart 146.08.) comply with the applicable requirements cepted for transport. Motor vehicles are hazardous articles if . Subpart 146.08 of this part. Vessels (2) Vehicles may be stowed on deck any of these three conditions exist: m a service similar to ferry service but or under deck. (1) Fuel is contained in the fuel tank; not over a designated ferry route may, at (3) Vehicles stowed in a hold or com­ (2) Fuel is contained in the engine; partment shall have battery cables dis­ (3) Or the electric storage battery is fhe discretion of the Officer in Charge, connected to either terminal of the elec­ Marine Inspection, be treated as ferry connected and secured away from the trical system of the vehicle. ^ for the purposes of this section battery terminals. (b) Vehicles shall not be considered as ana Subpart 146.08.) Motor vehicles are (4) The fuel tanks shall be not more nazardtms articles if any of these three hazardous articles and may be trans­ conditions exist: than one-fourth full. ported without restriction provided all of these conditions exist in the vehicle: < 1) Fuel is contained in the fuel tanks ; (5) Equipment used for handling vehicles shall be so designed that the fuel the fuel tank has been thoroughly (2) Fuel is contained in the engine; drained; the engine has been run until 9 r the electric storage battery is tank and fuel system are protected from the fuel in the engine has been exhausted ®0hhected e*fher terminal of the elec­ stresses that might cause rupture or and the engine stalls; the battery cables trical system of the vehicle. other damage incident to handling. have been disconnected and secured away

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17492 RULES AND REGULATIONS (8) “No Smoking” signs shall be con­ Fuel tanks shall be drained before load­ from the battery terminals and the vehi­ ing vehicles destined for ocean-going voy­ cle contains no dangerous articles other spicuously posted at each access opening ages, unless the conditions of §§ 146.27-30, than the following: to the hold or compartment. 146.27-31, and 146.27-32 are complied with. (1) Two 1-pint metal containers of (d) General vessel requirements: No marking required. retouching enamel, either hermetically (1) Spaces exposed to carbon monox­ sealed or closed with a secure friction In columns 1 and 2 immediately be­ ide or other hazardous vapors from ex­ low the preceding two entries, cap. hausts of motor vehicles shall have (2) One tire repair kit containing a adequate ventilation. The senior deck Note 1: This does not include motor ve­ tube of cement of not more than 4 fluid hicles having on board dangerous articles officer shall see that tests of the carbon as' lading. For regulations governing trans­ ounces capacity, completely enclosed in monoxide content of the atmosphere are an outer metal or fiberboard container. portation of such vehicles," see §§ 146.08-1 made as frequently as conditions require to 146.08-55, inclusive. • (3) Charged electric storage batteries, to insure that dangerous concentrations necessary for the normal operation of a do not develop. Such tests shall be made In column 3, vehicle, in position in the battery holder in the area in-which persons are work­ No label required. or, if shipped outside the battery holder, ing, by persons acquainted with the test then secured to prevent any movement of equipment and procedure. The carbon In column 4, the battery. If a battery is packed within monoxide concentration in the holds and Stowage: /■ a boxed or crated vehicle, “This side up” intermediate decks where persons are “On deck in open.” markings shall be required on the outside working shall be maintained at not more “On deck protected.” of the shipping box or crate. “On deck under cover.” than 50 parts per million (0.005 %) as “Tween decks.” (4) Such brake fluid as is actually a time-weighted average, and persons “Under deck.” contained within the brake mechanism. shall be removed from the area if the (See Note in columns 5, 6, and 7.) (5) Motor vehicles and mechanized concentration exceeds 75 parts per mil­ equipment shipped -by, for, or to the lion (0.0075 %). When necessary, port­ In column 5, Department of the Army, Navy, or Air able blowers of adequate size and Stowage: Force may also contain electrolyte or location shall be used to obtain sufficient “On deck in open” “On deck protected” corrosive battery fluid in a sufficient ventilation. of ir the vessel is provided with a com­ partment fitted with an overhead quantity to activate the number of elec­ § 146.27—100 [Amended] sprinkler system or fixed fire smother­ tric storage batteries necessary for oper­ ing system in any of the following ation of the military vehicles or equip­ 81. Section 146.27-100 Table K— locations such compartments may be ment. It must be packed in approved Classification: Hazardous articles is utilized. outside containers. Inside glass con­ amended by deleting in column 1 the "On deck under cover.” tainers shall be cushioned on all sides article hereinafter described and all the “Tween decks.” with absorbent material in sufficient notes and entries pertaining thereto “Under deck.” quantity to completely absorb the fluid contained in columns 1, 2, 3, 4, 5, 6, and In column 6, contents in event of breakage. The out­ 7. The article that is deleted, together side container must be so blocked, braced with all the pertinent notes and entries, Ferry stowage: In the vehicle gangways. or stayed within the vehicle or crate that is as follows: In column 7, it cannot change position during transit. Automobiles, motorcycles, tractors, other Ferry stowage: (6) Motor vehicles or mobile agricul­ self-propelled vehicles, or mechanized equip­ “On deck in open” or “On deck pro­ tural machinery may be shipped with a ment, new or used, when offered for trans­ tected”, or in the covered vehicle container of electrolyte or corrosive bat­ portation without boxing or crating and gangways on board car ferries having tery fluid secured in a position to pre­ containing gasoline, or other motor fuel an, overhead sprinkler system in such vent damage and packaged as follows: within the fuel tank. places. Wooden boxes (DOT-15A, 15B, 15C, 16A, § 146.27—100 [Amended] In columns 5, 6, and 7 immediately 19A) or fiberboard boxes (DOT-12B, below the preceding three entries, 120 WIC meeting the requirements of 82. Section 146.27-100 Table K— DOT regulations. Classification: Hazardous articles is Note: The person driving a motor vehicle amended by adding in column 1 in on board a vessel shall observe the follow­ (c) Conditions of acceptance and ing rules: stowage. proper alphabetical sequence the follow­ ing entry: (1) Drive the vehicle to the location indi­ (1) Before and after loading, vehicles cated by the vessel’s representative. shall be inspected for leaks. Vehicles Automobiles (See Motor Vehicles, etc.) (2) Securely set the brakes of the vehicle showing signs of leakage shall not be § 146.27—100 [Amended] to prevent movement. accepted for transport. (3) Shut off the motor and do not restart (2) Vehicles may be stowed on deck 83. Section 146.27-100 Table K— same until the vessel has completed its voy­ or under deck. Classification: Hazardous articles is age and docked. (3) The fuel tank shall be not more amended by adding the following: (4) Shut off aU vehicle lights and do not than one-fourth full. In column 1 (in proper alphabetical relight same until the vessel has completed (4) Equipment used for handling ve­ sequence), its voyage. hicles shall be so designed that the fuel (5) Make no repairs or adjustments to tank and fuel system are protected from Motor Vehicles etc., including automo­ the vehicle while on board the vessel. stresses that might cause rupture or biles,- trucks, tractors, and other self-pro­ (6) Observe any instructions given by the other damage incident to handling. pelled vehicles or equipment powered by vessel’s representative during drive-on or internal-combustion engines, when offered drive-off operations. (5) Vehicles shall be stowed so as to new or used for transportation and which Smoking by any person within the vehi­ allow for their inspection during transit. contain fuel in the engine or fuel tank or cle, while on board the vessel, is prohibited. (6) No cargo of a dangerous or haz­ the electric storage battery is connected to ardous nature other than motor vehicles either terminal of the electric system of the § 146.27—100 [Amended] and mechanized equipment shall be vehicle. 84. Section 146.27-100 Table K-~ stowed in the same hold or compartment In column 2, Classification: Hazardous Articles is with vehicles having flammable liquid Motor vehicles when offered for transpor­ amended by revising the entry in column or flammable compressed gas fuels in tation as cargo or “passenger’s baggage” on 4 for the article “Caustic potash, solid the fuel tanks. inland or domestic voyages and driven on to read as follows: (7) Two hand-portable, dry-chemical and off the vessel by a member of the crew Stowage: fire extinguishers of at least 10 pounds or agent of the vessel: or when offered as “On deck under cover.” capacity shall be located in accessible in ferry service and driven on and/or off “Tween decks.” the vessel by the owner or operator of the locations in each hold or compartment “Under deck.” in which motor vehicles are stowed. vehicle.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17493

Outside packaging: Multi-ply paper bags. Offensive odor. Will contaminate foodstuffs. Steel barrels or drums. Polyethylene-lined burlap or paper bags. Smoking shall not be permitted in hatches Wooden barrels or kegs, not over 300 Railroad freightcars. in which fish meal or fish scrap is stowed or lbs. net wt. being handled. Wooden boxes, WIC, not over 200 lbs. In columns 5, 6, and 7 immediately be­ Check temperature of material before net wt. low the preceding three entries, loading on board the vessel. Reject bags if Fiberboard boxes, WIC, not over 90 lbs. N ote : Coconut meal pellets shall be stowed temperature exceeds 120° F. gr. wt. so that free ventilation is provided to the Fish meal or fish scrap packed in wet Fiber drums with inside liners, not over entire stowage. This shall be accomplished or damp bags shall not be accepted for 400 lbs. net wt. as follows: shipment. Burlap asphalt-laminated paper bag, (a) Do not stow nearer than 4 feet to any Keep dry. Do not load during rain. WIC polyethylene not over 102 lb. bulkhead subject to artificial heat. Protect shipment from bilge water, deck gr. wt. (b) Do not overstow with any other cargo. drainage or spray. See: “Bleaching powder.” (c) Provide a clear space of at least 1 Observe temperatures during voyage for signs of heating. § 146.27—100 [Amended] foot between top of bags or bulk cargo and underside of deck beams. Outside containers shall be marked “Fish 85. Section 146.27-100 Table K— (d) Use only dry dunnage. meal” or “Fish scrap.” Classification: Hazardous Articles is (e) Place two layers of plank dunnage on Bulk shipments shall be made under con­ amended by adding the following: the deck or tank tops. The first layer shall ditions prescribed in § 146.27-27. In column 1 (in proper alphabetical be laid fore and aft and the second In column 4, athwartships. sequence), (f) Stack the bags hard against those bat­ Stowage: Coconut meal pellets containing at least tens where ships holds are provided with “On deck under cover,” 6 percent and not more than 13 percent cargo battens. If battens are not provided, “Tween decks readily accessible.” moisture and not more than 10s percent dunnage must be placed against the ship’s “Under deck.” residual fat content. sides or bulkheads in suCh a manner as to Outside containers: The originating bill of lading or other provide a clear space of at least 4 inches Burlap (jute) bags. shipping paper shall bear the shipper’s state­ between the bags and the metal surfaces. Double-walled paper bags. ment certifying the fat and moisture con­ (g) In addition to the above requirements, Polyethylene lined burlap or paper bags. tent of the shipment. stowage shall be according to one of the Railroad freight cars. following methods: Bulk. In column 2, 1. Strip stowage: (See Note in columns 6, 6 and 7.) (i) The stowage shall be double rows of Coconut meal pellets (also known as copra § 146.27—100 [Amended] pellets) are made from copra from which bags stowed athwartship with 4-inch ven­ most of the oil has been extracted and which tilation channels on both sides of the double 88. Section 146.27-100 Table K— has been compressed into pellet form. rows of bags. The bags shall be placed with Classification: Hazardous Articles is If allowed to absorb moisture or oil, it is the ends in a fore and aft direction. The amended by adding in column 1 on a line subject to spontaneous heating by biological flaps of the bags shall be placed inward in the double rows. below the words “Rags, scrap (when dry, decay processes or by oxidation. clean and free from excess oil)”, as a Check the temperature of the material be­ (ii) Along the width of every seventh tier fore loading on board the vessel. Reject ship­ of bags a single layer of dunnage shall be separate entry, the words “: clothing ments if the temperature exceeds 120° F. placed on every third bag with boards run­ used”; by adding in the first line of col­ Coconut meal pellets packed in wet or damp ning fore and aft. The dunnage must butt umn 2 after the words “scraps of tex­ bags shall not be accepted for shipment. hard against the bulkheads fore and aft, and tile fabrics” the words “and used cloth­ Keep dry. Do not load during rain. Protect at least 18 inches overlap shall be allowed ing”: by revising the last sentences of shipment from bilge water, deck drainage, at the end of one board and the beginning columns 4, 5, 6, and 7 to read “shipments and spray. of another in the same fore and aft line to of loose scrap rags and used clothing Observe temperatures during voyage for provide stability. Not more than four layers signs of heating. of bags and not less than three should be shall not be accepted.” Outside packaging, if any, shall be marked above the top layer of dunnage. § 146.27—100 [Amended] “Coconut meal pellets.” 2. Block stowage: Sufficient dunnage shall be used between 89. Section 146.27-100 Table K— In column 3, every third tier of bags to provide free cir­ Classification: Hazardous Articles is No label required. culation of air. The entire stowage shall be amended by adding the following: so arranged to permit ventilation to all parts In column 1 (in proper alphabetical In column 4, of the stowage. sequence), Stowage: § 146.27—100 [Amended] “On deck under cover.” Pesticides, water reactive, including but 86. Section 146.27-100 Table K— not limited to fungicides and herbicides, etc., “Tween decks readily accessible.” containing manganese ethylenebisdithiocar- “Under deck.” Classification: Hazardous Articles is bamate. Outside packagings: amended by adding the following: Burlap (jute) bags. In column 1 (in proper alphabetical In column 2, Multi-ply paper bags, sequence), polyethylene-lined burlap or paper bags. Mixtures or proprietary formulations, li­ Copra pellets containing at least 6 percent quid or solid, which if allowed to absorb (See Note in columns 5, 6, and 7.) and not more than 13 percent moisture and moisture, will decompose and give off flam­ not more than 10 percent residual fat mable vapors: therefore, keep dry. Use cau­ In column 5*, content. tion when fighting fire with heavy water stream; personnel use self-contained breath­ Stowage: In column 4, ing apparatus. “On deck under cover.” ‘Tween decks readily accessible.” See “Coconut meal pellets containing at In column 3, Outside packagings: least 6 percent and not more than 13 percent Burlap (jute) bags. moisture and not more than 10 percent re­ No label required Multi-ply paper bags. sidual fat content.” In columns 4 and 5, Polyethylene-lined burlap or paper ba § 146.27—100 [Amended] Stowage: In column 6, 87. Section 146.27-100 Table K— “Tween decks” Perry stowage (AA). Classification: Hazardous Articles is “Under deck” Outside packagings: Outside containers: amended by revising the entry in col­ Strohg, tight, water resistant outside Burlap (jute) bags. umn 2 and the entry in column 4 for packaging including tight metal Multi-ply paper bags, the article “Pish scrap or fish meal” to drums. olyethylene-lined burlap or paper baj read as follows: In column 6, In column 7, Column 2, Ferry stowage (AA). Perry stowage (BB). Fish scrap or fish meal consists of ground Outside containers: Outside packagings : and dried fish residue. Is subject to spon­ Strong, tight, water resistant outside Burlap (jute) bags. taneous heating and ignition. packaging:

No. 208—Pt. II- FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17494 RULES AND REGULATIONS In column 7, when the cargo cannot be toppled. Han­ sive bombs, mines, torpedoes, etc.,” is Perry stowage (BB). dles or beckets on ammunition packages amended by changing in column 2 Outside containers: shall not be used for slinging purposes. (Description) after the word “warheads” Strong, tight, water resistant outside * * * * * the words “(all unfuzed)” to the words packaging. 95. Section 146.29-45 (e) is revised to “(fuzed and unfuzed)”. Subpart 146.29— Detailed Regulations read as follows: § 146.29-100 [Amended] Governing the Transportation of § 146.29—45 Loading or unloading mili­ 101. Section 146.29-100 Classification, Military Explosives and Hazardous tary explosives and other cargo. handling, and stowage chart with respect Munitions on Board Vessels * * * * * to the entry in column 1, “X-C Guided (e) Drafts of any kind shall not be missiles, solid propellant motors, packed 90. Section 146.29-14 is amended by re­handled over explosives or other dan­ with or without HE warheads” is amend­ vising subparagraphs (1) and (3) of gerous articles that are stowed “On ed by changing the heading of column 3 paragraph (c) to read as follows: deck”. from “ICC marking” to “DOT marking”; § 146.29—14 Dangerous cargo manifest, * * * * * by changing the heading of column 4 list, or stowage plan. from “ICC class” to “DOT class”; by ♦ * * * * § 146.29-73 [Amended] changing column 2, (Description) the words “ICC Class A” to “DOT Class A (C) * * * 96. Section 146.29-73 (c) is amended by (1) Name of vessel and official num­deleting the words “(of 2 hours or less) ” and Class B”; by adding in column 4 “or ber. (If the vessel has no official num­ in line 7. B” after the letter “A”, by adding in ber, the international radio call sign shall 97. Section 146.29-85 is amended by column 4, the letter “A” opposite the be substituted.) revising the introductory paragraph and entry “Jato units, Class A” in column 3, paragraphs (a), (b), and (c) to read as and by adding in column 4 the letter “A” * * * ♦ * follows: opposite the entry “Jet, thrust units, (3) True shipping name of all explo­ Class A” in column 3. sives and other dangerous articles as § 146.29—85 Chemical ammunition stowage. (R.S. 4405, as amended, 4462, as amended, given in the commodity list of the reg­ 4472, as amended, sec. 6(b) (1), 80 Stat. 937; ulations in this part (see § 146.04-5). Chemical ammunition or chemical 46 U.S.C. 375, 416, 170, 49 U.S.C. 1655(b) (1); Noun descriptions must be used. agents in bulk that are authorized to be 49 CFR 1.4(a) (2)) * # * * * given chemical ammunition stowage by the provisions of § 146.29-100 shall, un­ 92. Section 146.29-27 is revised to read less given another authorized stowage, be PART 147— REGULATIONS GOVERN­ as follows: stowed under the following conditions: ING USE OF DANGEROUS ARTICLES § 146.29—27 Firehose. (a) Shall be afforded the same pro­ AS SHIPS’ STORES AND SUPPLIES (a) During the handling, loading, or tection as required for ammunition ON BOARD VESSELS unloading of military explosive the ves­ stowage. sel shall “run out” or otherwise make (b) Stowage shall preferably be in a Subpart 147.03— Detailed Regulations ready for quick use a minimum of two deep tank or a lower hold. Governing Certification of Ships' lines of hose on the weather deck, one (c) When stowed in a deep tank, pump Stores and Supplies fore and one aft. These hoses shall be suctions shall be effectively sealed off to of sufficient length so that a stream of prevent the escape of any leakage which § 147.03—9 [Amended] water from at least one hose can reach may take place. Sealing off shall be ac­ 102. Section 147.03-9 is amended by all areas of the weather deck. The fire complished by inserting a blank flange in adding the word “third” after the word - hose valves controlling these lines shall way of the suction side of the bilge pump “every” in line 3. remain “cracked open” (except in freez­ manifold. (R.S. 4405, as amended, 4462, as amended, ing weather) so casual observation may Note : The blank flange Is to prevent inad- 4472, as amended, sec. 6(b) (1), 80 Stat. 937; indicate that water is available. vertant leaking of chemical agents into occu­ 46 U.S.C. 375, 416, 170, 49 U.S.C. 1655(b) (1); (b) Additional fire lines shall be “run pied spaces through bilge suction piping. 49 CFR 1.4(a) (2)) out” or otherwise made ready at each Nothing herein shall preclude the removal of hold or compartment working or con­ the flange in an emergency situation should (in the opinion of the vessel’s master) pump­ SUBCHAPTER Q— SPECIFICATIONS taining military explosives when the ing of the deep tank be necessary. hatch serving the hold is open. These PART 160— LIFESAVING EQUIPMENT lines shall be of sufficient length so that 4c * 4c * * a stream of water can be directed onto 98. Section 146.29-93 (b) (1) is revised Subpart 160.057— Signals, Distress, all portions of the hold or compartment. to read as follows: Floating, Orange Smoke (15 Min* (c) Fire lines “run out” or otherwise utes), for Merchant Vessels made ready shall be fitted with an ap­ § 146.29—93 Stowage of blasting caps, detonators, primer detonators, etc. 103. Section 160.057-3 is amended by proved combination spray nozzle. revising paragraphs (a) and (c) to read 94. Section 146.29-39 (g) is revised to 4e 4» * 4c 4c read as follows: (b) * * * as follows: (1) With a permanent steel deck or § 160.057—3 Materials, workmanship* § 146.29—39 Handling and slinging of construction, and performance re­ explosives. bulkhead intervening, the separation * * * * * shall not be less than 25 feet in any direc­ quirements. tion except where there are existing (a) Materials. The materials shall (g) Drafts shall not be raised or additional intervening permanent steel conform strictly to the specifications and stopped in lowering by sudden applica­ decks or bulkheads, in which case the drawings submitted by the manufac­ tion of power or brake. Drafts shall not distance requirement may be reduced by turer and approved by the Commandant. be unloaded by tripping or freeing one 50 percent. Metal for containers shall be not less side of the net, tray, or pallet and tum­ Other di­ bling the ammunition or explosives out 4> 4c 4c 4c 4c than 0.020 inch in thickness. § 146.29-95 [Amended] mensions or materials may be consid­ of the gear. All drafts, beams, shackles, ered upon special request when pre­ bridles, slings, hooks, etc., shall be hand 99. Section 146.29-95 is amended by sented with supporting data. Igniter freed before the winch takes control. deleting the word “double” in line 13. systems shall be of corrosion resistant Slings shall not be disengaged by hand § 146.29-100 [Amended] metal. The combustible material shall unhooking and then dragged from under be of such nature that it will not de­ draft by means of winch except for the 100. Section 146.29-100 Classification, teriorate during long storage or when topmost layer in the hold when power handling, and stowage chart with respect subjected to frigid or tropical climates. removal is the only possible method and to the entry in column 1, “X-B Explo­ * * * *

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17495

(c) Construction. The outer container Subpart 161.010— Floating Electric for parts under constant stress. Thermo­ shall be cylindrical and of a size suitable Water Light plastic materials, whenever used, shall be for intended use. All sheet metal seams of a formulation that has high resistance should be hook jointed and soldered. § 161.010—1 Applicable specifications. to cold flow, shrinkage, and warpage, or The whole container shall be covered (a) The following specifications, of the discoloration due to heat and sunlight. with two coats of waterproof paint or issue in effect on the date electric water (ii) Materials used for embedding and other equivalent protection system. The lights are manufactured, form a part of encapsulating shall not, either in their igniter mechanism shall operate and pro­ this subpart: original application or as a result of vide ignition of the signal automatically (1) Federal specifications and stand­ aging, have any injurious effect on the when the ring life buoy to which it is ards: insulating materials to which they are attached is thrown overboard. applied and shall not cause corrosion or Ir-P-390 PlastiC Molding Material, Polyeth­ * * * * * ylene. deterioration of any adjacent part. Un­ 104. Section 160.057-4 is amended byL—P-393 Plastic. Molding Material, Poly­ less otherwise specified, compounds shall revising the introductory texts of para­ carbonate. be in accordance with MIL-I-16923 or graphs (b) and (b) (1) to read as TT-E-489 Enamel, Alkyd, Gloss. specifically approved by the Comman­ W—B—101 Battery, Dry. dant. The conditions under which these follows: Federal Test Method Standard No. 406 materials are applied and used shall in § 160.057—4 Sampling, inspections, con­ Plastics. Methods of Testing Federal all respects conform to the manufactur­ ditioning, and tests. Standard No. 595—Colors. er’s recommendations. Compounds se­ * * * * * (2) Military specifications: lected shall, not flow at temperatures (b) Qualification (type or brand ap­ MID-B-18—Batteries, Dry. below 85° Centigrade nor crack or be­ proval) tests. Preapproval samples, se­ MIL-P-79—Plastic Rods and Tubes, Thermo­ come loose at temperatures down to lected in accordance with § 160.057-6 (c), setting laminated. minus 54° Centigrade. shall be tested in accordance with the MILr-P—394—Plastic Molding Material, Poly­ (3) The choice of material used when testing schedules indicated by subpara­ propylene. none is specified or where a choice is per­ graphs (1) and (2) of this paragraph to MIL—R—900—Rubbersheets and cut, molded mitted shall be such that maximum and extruded special shaped sections, syn­ resistance to corrosion, shock, and tem­ determine qualification for type or thetic, medium, soft,- low temperature, brand approval. The Coast Guard shall gasket application. perature change will be insured. The use have the right to require such other ad­ MIL-I-16923—Insulating Compound, Electri­ of dissimilar materials in combination ditional tests as reasonably may be cal Embedding. shall, in general, be avoided, but when deemed necessary, either with the com­ such contacts are necessary, means shall pleted signals or component parts, de­ (b) Applicable copies of the specifica­ be taken to prevent such deleterious ef­ pending upon the particular construc­ tions in paragraph (a) of this section, fects as galvanic corrosion, freezing or tion methods and materials used. The as well as the various specifications form­ buckling of parts, and loosening or tight­ cost of the tests shall be borne by the ing a part thereof, shall be kept on file ening of joints due to differences in manufacturer. by the manufacturer, together wtih the coefficients of thermal expansion or (1) Operational tests, (i) Subject 4 certificate of approval. They shall be kept shrinkage. specimens to water resistance condi­ for a period consisting of the duration of the approval and months after termina­ § 161.010—4 Construction and perform­ tioning, paragraph (d) of this section, 6 ance. following which subject them to tests tion of approval. as indicated byJTable 160.057-4(b) (1) (1) Federal Specifications and Stand­ (a) General. The light shall be a self- (i). One additional signal shall be ards may be purchased from the General contained unit suitable for use as a float­ dropped 90 feet into water and another Services Administration, Specification ing illuminated marker. It shall be capa­ shall be tested for satisfactory perfor­ Activity, Printed Material and Supply ble of being stowed in an inverted posi­ mance while floating in an open seaway. Division, B.uilding 197, Naval Weapons tion, in which position it shall be self Both signals shall be attached to a ring Plant, Washington, D.C. 20407. extinguishing. When in water, it shall life buoy in accordance with its manu­ (2) Military Specifications may be ob­ float in a vertically upright position facturer’s instructions. Results of these tained from the Commanding Officer, and become, illuminating automatically. tests will be analyzed by the Coast Guard Naval Supply Depot, 5801 Tabor Avenue, When floating vertically in water and to determine suitability for intended Philadelphia, Pa. 19120. tested in accordance with § 161.001-5 (b) purpose. § 161.010-2 Type. (3), the center of the lamp or flashtube ***** shall be not less than 3 inches above the (a) Water lights, designated as light or surface of the water. § 160.057—6 [Amended] lights, designed for use as a life-ring (b) Construction. The light shall con­ 105. Section 160.057-6(c) is amendedmarker light, shall be of a type described sist essentially of a case, embedding and by changing the figure “8” in the 12th in this specification. filler material, battery, switch, electric lme to read “10”. § 161.010—3 Materials. circuit, flashtube or lamp assembly and Spare lamp, globe, lanyard attachment (R.S. 4405, as amended, 4462, as amended, (a) Materials. All materials shall be of sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, ring and a mounting bracket. The light 49 U.S.C. 1655(b)(1); 49 CFR 1.4(a)(2)) suitable quality for the purpose intended, shall be watertight and vapor proof, and and shall conform to the requirements of shall comply with the requirements spec­ this specification. PART 161— ELECTRICAL EQUIPMENT ified herein. (1) All metal parts of the light, includ­ (c) Size. The size, weight and shape 106. Part 161 is amended by adding ing the bracket, shall be made of cor­ of the light shall be suitable for con­ new Subpart 161.010 to follow Subpai rosion resistant materials. When used in veniently throwing overboard attached *01.008 and reading as follows: this specification, the terms corrosion re­ to a life-ring buoy by means of a lanyard. sistant material or corrosion resistant Subport 161.010— Floating Electric Water Ligl (d) Case. The case shall be made of metal shall mean material which, when corrosion resistant metal or plastic as Sec. subjected to the test described in 161.010-1 Applicable specifications. specified in this subpart. The case shall 161.010-2 § 161.010-5(b) (10) shows no evidence of be constructed to receive the compo­ Type. corrosion or corrosive action, such evi­ 161.010- 3 Materials. nents necessary to produce the required 161.010- 4 Construction and performance. dence to be in excess of six spots per light output and withstand the tests 161.010- Inspection 5 and methods of test. square foot of area or any spot measur­ specified in § 161.010-5. Additional sig­ 161.010- 6 Marking. ing larger than one-sixteenth inch in any naling devices may be incorporated 161.010-7 Procedure for approval. direction. within or outside the case : Provided, The Part11?«!11«171 The Provlsions of this Su (2) Plastics: use of such signaling devices does not amenri16i' 010 issued under R.S. 4405, (i) All plastic materials shall be fullyinterfere with the required light output. 80 4462, as amended, sec. 6(b) (1 cured and essentially free from volatile Openings in the case shall be provided U.S. plasticizers or fillers. Thermosetting plas­ 1655fhfv^37:055(b)(1); 49 46 CPR U -S-°- 1.4 375> (a)(2). 416> 49 with a seal which will withstand the tics shall be used'whenever practicable water-tightness test. Threaded joints, FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17496 RULES AND REGULATIONS i when provided, shall be made with at light shall be considered vaporproof manufacturer. The average service life least six threads of 16 threads per inch when examination of the interior after of the electronic circuit shall not be less gauge. A lanyard attachment ring shall the specified test reveals no moisture and than 500 hours. All Components of the be permanently attached to the case in no fog or cloudiness of the lens. flashing unit excluding the flashtube such a manner as to withstand the test (l) Watertightness. The light shall be shall be embedded in an encapsulating specified in § 161.010-5 (b) (9) without watertight and shall show no leakage of compound as specified in this subpart. destroying the watertightness or other­ water into its interior when tested in (2) Flashtube. A suitable capacitor- wise causing damage to the light. accordance with §§ 161.010-5(b) (3) and discharge xenon flashtube shall be pro­ (e) Globe. The globe shall be made (4). vided which is compatible with the elec­ of a colorless, glass or plastic and shall (m) Ruggedness. The light complete tronic flashing circuit and lens and be reasonably free from bubbles, striae, with battery shall be capable of with­ provide the light output as specified in checks, scratches or other optical or standing the tests specified in § 161.010-5 subparagraph (3) of this paragraph. The mechanical defects. The globe design without any damage or distortion which installation of the flashtube shall be as shall be such that light is emitted as might impair its serviceability or recommended by the flashtube manu­ specified in paragraphs (r)(3), (s) (3$ watertightness. facturer. The lower section of the flash- of this section as applicable. The globe (n) Battery. The light shall derive its tube may be encapsulated with the elec­ thickness shall be sufficient to withstand source of electrical power from a self tronic circuit or suitably supported in a the impact test specified in § 161.010-5 contained battery with screw post ter­ tube socket. The average service life of (b) (5) without any damage. As a re­ minals. The battery shall be compatible the tube shall not be less than 500 hours sult of the accelerated weathering test with the electronic circuit and shall be of when connected to the circuit provided specified in § 161.010-5 (b) (7), the globe a type manufactured in accordance with in accordance with subparagraph (1) of shall not have crazed or appreciably Military Specification MIL-B-18 or Fed­ this paragraph. discolored. eral Specification W-B-101. The battery (3) Light output. The light shall emit (f) Filler material. A unicellular poly­ shall provide sufficient power to the light flashes of light at a frequency of not less foam plastic or other material specif­ so that the unit operates as required by than 50 nor more than 70 flashes per ically approved by the Commandant ^paragraph (q)(3), (r)(3), or (s) (3) of minute for a period of not less than 15 shall fill all void space between the base this section, as applicable. The battery hours. The light output shall be not less of the globe and the space reserved for shall be installed in the case such that than CT2 candela-seconds per flash in the battery. it will be stowed in a position as recom­ all directions of the upper hemisphere (g) Ballast. Ballast, when required to mended by the battery manufacturer. with the globe in place. insure the flotation stability of the light Other type power sources and batteries (r) Flashing incandescent light. A and a high righting moment, shall be not manufactured in accordance with the flashing incandescent light shall , meet firmly secured in the lower portion of referenced specifications will be given the requirements of this paragraph. the case. A spacer shall be installed to special consideration. (1) Electronic flashing unit. A suit­ separate the battery from the ballast Co) Lead wires and battery connec­ able electronic solid state circuit shall and to act as a shock absorber for the tors. Battery connectors shall be suitable be provided which will take power from a battery. for batteryscrew post terminals. When battery specified in paragraph (n) of (h) Finish of light. External parts of two wires are provided for battery con­ this section and supply it to the flash the light other than the lens shall be nections, the wires shall be arranged, lamp in a manner as to emit intermit­ international orange as described by color coded, or marked so as to prevent tent flashes of light as specified in sub- color code 12197 of the Federal Standard improper connections. Other arrange­ paragraph (3) of this paragraph. The Number 595, “Colors”. When the pig­ ments will be given special consideration power to the flash lamp shall not exceed ment in the plastic is not the required by the Commandant. the rated power specified by the flash international orange the exterior sur­ (p) Switch. A suitable switch shall be lamp manufacturer. The average service face shall be properly cleaned and pre­ provided and encapsulated with the elec­ life of the electronic circuit shall not be pared, and coated with two coats of tronic circuitry where applicable such less than 500 hours. All components of international orange enamel in accord­ that with the light in the upright posi­ the flashing unit excluding the flash ance with Federal Specification TT-E- tion the contacts will be closed and with lamp shall be embedded in an encapsu­ 489. The finish shall be uniform and the light inverted the contacts will be lating compound as specified in this smooth, shall adhere firmly, and with­ open. If no electronic circuit is provided, subpart. stand reasonable impact without chip­ a clip shall securely hold the switch and (2) Flash lamp. A flash lamp shall be ping or cracking. shall be so designed and so protected that provided which is compatible with the (i) Mounting bracket. The mounting jarring of light will not crack or destroy electronic flashing circuit and globe to bracket shall be designed to hold the the switch. The switch shall be designed provide the light output specified in sub- light in the inverted position and pre­ to satisfactorily make and break the elec­ paragraph (3) of this paragraph. The vent free movement of the light when trical circuit within a temperature range average service life of flash lamp shall properly secured within the bracket. The of minus 30° to plus 160° Fahrenheit. be not less than 75 hours when connected bracket shall permit quick release of the The switch shall be so designed to pre­ to the circuit provided in accordance light and shall not have a lens shield vent the accidental making of the con­ with subparagraph (1) of this paragraph. or light cover. The bracket shall be made tacts when the inverted light is jarred A spare lamp shall be carried in the in­ of corrosion resistant metal and shall or shaken. The switch shall be capable terior portion of the light. be arranged for mounting on a vertical of 1,000 cycles with the. energized elec­ (3) Light output. The light shall emit surface. The type and color of finish is trical circuit specified herein. flashes at a frequency of not less than 50 optional. (q) Stroboscopic flashing light. A or more than 70 flashes per minute for (j) Ring for lanyard attachment. The flashing light with a capacitor-discharge a period of not less than 15 hours. The ring for the lanyard attachment shall xenon flashtube shall meet the require­ light output shall not be less than 0.4 be approximately 1 inch in diameter and ments of this paragraph. candela-sec. per flash in all directions made of corrosion resistant material. The (1) Electronic flashing unit. A suitable of the upper hemisphere with the globe ring and attachment shall be capable electronic solid state circuit shall be pro­ in place. of withstanding the test specified in vided which will take power from a bat­ (s) Steady burning incandescent light. § 161.010-5 (b) (9) without separating. tery specified in paragraph (n) of this A steady burning incandescent light (k) Dimensional stability and vapor - section and supply it to the flashtube shall meet the requirements of this proofness. The light complete with bat­ in a manner as to emit intermittent paragraph. tery shall be capable of undergoing-the flashes of light as specified in paragraph (1) Electronic circuit. A solid state test specified in § 161.010-5(b) (6) with­ (q) (3) of this section. Electrolytic ca­ electronic circuit may be provided. The out any damage, shrinkage, or distortion pacitors shall not be used. The power power provided to the lamp shall not which might impair its serviceability, to the flashtube shall not exceed the exceed 110 percent of the rated power as watertightness, or vaporproofness. The rated power as specified by the flashtube specified by the lamp manufacturer. The

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17497 average service life of an electronic cir­ (3) Float test. The light, complete tests specified in § 161.010-5(b) (7). The cuit shall not be less than 500 hours. All with battery, shall be allowed to float for intensity and flash rate shall be meas­ components of an electronic circuit, in­ 15 hours in water with the light floating ured at the end of the required operat­ cluding the switch, shall be embedded as specified in § 161.010-4(a). The light ing period. Thè light shall meet the in an encapsulating compounds as spec­ shall be disassembled after the test and intensity requirements specified in ified in this subpart. examined for conformance with the re­ §161.010-4 (q) (3), (r) (3), or (s) (3) as (2) Lamp. A lamp shall be provided quirements of § 161.010-4(1). applicable. which is compatible with the power (4) Watertightness test. The light, (9) Pull test. The light shall be ad­ source and globe to provide the light out­ - complete with battery, shall be sub­ equately supported and a force of 50 put specified in subparagraph (3) of this merged horizontally in water at a head pounds shall be applied to the lanyard paragraph. The average service life of of 1 foot for a period of 24. hours. At the attachment ring. The light case and the lamp shall not be less than 75 horn’s end of the period the light shall be dis­ lanyard attachment ring shall be ex­ when connected to the circuit as pro­ assembled and examined for conform­ amined for compliance with § 161.010-4 vided. A spare lamp shall be carried in ance with the requirements of § 161.010- (d) and (j). the interior portion of the light. 4(1). (10) Accelerated weathering (metal­ (3) Light output. The intensity of the (5) Ruggedness. The light, complete lic parts). Under ultraviolet light alter­ light shall be not less than 2 candelas with battery, shall be cooled to 0° F. It nate 3 minute cycles of (i) 20 percent in all directions of the upper hemisphere shall be dropped twice from a height of salt spray at 55° C. and (ii) air blast at with the globe in place; 3 feet onto a rigidly mounted steel plate 55° C. without interruption for a period (t) Socket. The socket shall be as rec­ or concrete; the distance of 3 feet shall of 200 hours. Metallic parts shall be free ommended by the manufacturer. It shall be measured from the top of the lens of paint or other finish during this test. be of corrosion resistant material, of dur­ to impact surface. When dropped, the able construction and have suitable elec­ light shall strike on the top center of § 161.010—6 Marking. trical clearances. Means shall be provided the lens. The case shall be placed in its (a) Instructions and nameplate. Each for minimizing the possibility of the lamp bracket, and the bracket mounted se­ light shall be provided on the outside or flashtube becoming loose due to vi­ curely and positioned so the light is with a brass or plastic plate containing bration. Flashtubes not requiring sock­ lying in a horizontal position. A steel instructions for the maintenance and ets may be used provided the terminals ball 114 pounds in weight shall be al­ care of the light. The instructions shall are connected by soldering and embedded lowed to fall three times through a dis­ be clearly marked in a plain, easily read­ in an encapsulating compound. tance of 48 inches; once onto the center able, permanent manner. The nameplate (u) Electrical connections. All electri­ portion of the case, once at each end data shall contain the name of the manu­ cal connections, except those intended to onto a point approximately one-half facturer, the Coast Guard approval num­ be removable, shall be mechanically se­ inch from the end of the case. The case ber, and the drawing number arid altera­ cured and soldered and shall not depend shall be examined for breakage, or tion identification of the light. In secur­ on solder alone for mechanical strength. cracking in accordance with paragraph ing the instructions and/or nameplate to Where electrical connections are in close (m) of § 161.010-4. Failure of lamp fila­ the case, the wall of the case shall not proximity, each shall be electrically ment shall not constitute failure of light. be penetrated. The instruction wording insulated. (6) Dimensional stability and vapor- shall be compatible to the particular de­ § 161.010—5 Inspection and methods of proof test. The light assembled with bat­ sign and shall be acceptable to the test. tery shall be placed in a temperature- Commandant. humidity chamber. The unit shall then (a) Inspection. The U.S. Coast Guard be subjected to a 9-day continuous tem­ § 161.010—7 Procedure for approval. reserves the right to make any inspec­ perature-humidity cycle shown in Table (a) Automatic floating electrict water- tion or test it deems necessary to deter­ 161.010-5(b) (6) without opening the lights are approved only by the Com­ mine the conformance of the materials light during the cycle. At the end of the mandant, U.S. Coast Guard, Washing­ and equipment to this specification. tests the light shall be checked in ac­ ton, D.C. 20591. (1) The facilities, materials and la­ cordance with § 161.010-4(k). The water­ (b) Manufacturer’s plans and specifi­ bor for all tests shall be furnished by the tightness test specified in subparagraph cations: In order to obtain approval of manufacturer at no cost to the-U.S. Coast (4) of this paragraph shall then be re­ automatic floating waterlights, detailed Guard. When testing facilities are not peated. plans and specifications, including a available at the point of inspection, T able 161.010-505) (6) complete bill of material, assembly draw­ testing may be completed by a mu­ ings, and parts drawings descriptive of tually acceptable independent testing the arrangement and construction of the organization. Time period Temperature Relative (hours) degrees F(2°F) humidity device shall be submitted. Each drawing (b) Methods of tests. The following percent shall have an identifying drawing num­ tests shall be conducted in the order ber, date, and identification of the de­ listed below insofar as is reasonable and 24...... ______140______85-90 vice; and the general arrangement or practicable. 24______...... - 3 0 ...... 95-100 assembly drawing shall include a list of (1) Endurance test. The electronic 24______— ...... 140...... 0-5 24______140...... 85-90 all drawings applicable, together with circuit shall be operated at rated voltage 24...... - 3 0 ______. . . . 95-100 the drawing numbers and alteration for 500 hours. The light, complete with 4 8 -..--...... ______140...... 0-5 48...... >— ...... 70.______45-55 numbers. The manufacturer will be ad­ oattery, shall be alternately inverted and vised whether or not the drawings and righted 1,000 times and examined for specifications appear satisfactory or proper operation. (7) Weathering tests (.plastic globe only). The globe shall be exposed to five what corrections appear necessary and (2) Drop test. The light complete with complete cycles of Test Method 6023 then he may proceed with the construc­ battery, shall be dropped twice from a and a 240-hour exposure cycle of Test tion of the preapproval sample in accord­ height of 90 feet into water. A life-ring Method 6024 as specified in the Federal ance therewith. buoy shall be attached to the light by Test Method Standard No. 406. The globe (c) Preapproval sample. A preapprov­ means of a lanyard 6 feet in length dur­ shall then be examined for conformance with § 161.010-4 (e) and tested for light al sample together with two copies of the ing one of the drops. After each drop, the output in accordance with subparagraph plans, specifications and certified test nght shall be examined for leakage, (8) of this paragraph. records shall be submitted to the Com­ cracks, or breakage. The light shall op­ (8) Light output test. The light out­ mandant, U.S. Coast Guard, 1300 E erate satisfactorily after each drop. put test shall be conducted after the Street NW., Washington, D.C. 20591.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 174% RULES AND REGULATIONS

PART 164— MATERIALS (b) Structural insulation shall be of periphery of the panel. For fibrous in­ such quality and thickness as to success­ sulations, the attachment to the steel 107. Subpart 164.007 is revised to readfully pass all of the teste set forth in plate shall be made by means of 5 mm. as follows: § 164.007-4* and the retests required by (0.19") diameter steel pins on 30 cm. Subpart 164.007— Structural Insulations § 164.007-8. (12") centers covered by 18-gage, 4 cm. (c) The product shall be so marked as (1 %") mesh expanded metal. Alternate Sec. 164.007- 1 Applicable specification and ref­ to be readily identifiable to an inspector methods will be given consideration. For erenced material. in the field. The marking shall include other materials, typical installation prac­ 164.007- 2 Purpose. the Coast Guard approval number. tice shall be used. 164.007- 3 Conditions of approval. (d) Furnace control. (1) The furnace 164.007- 4 Testing procedure. § 164.007—4 Testing procedure. temperature shall be determined by at 164.007- 5 Test requirements. (a) Tests. All teste, including the re­ least four mineral insulated thermo­ 164.007- 6 Test report. tests, shall be conducted at the National couples having rapid response, and dis­ 164.007- 7 Analysis of results. Bureau of Standards or otheY labora­ 164.007- 8 Retests. tributed so as to represent fairly the 164.007- 9 Procedure for approval. tories designated by the Coast Guard. furnace temperature and to insure as (b) Test of physical properties. (1) uniform heating as possible. The thermo­ Auth o rity : The provisions of this Subpart Density measurement: The smallest couples shall be arranged so that the hot 164.007 issued under R.S. 4405, as amended, sample for density measurements of solid 4462, as amended, sec. 6(b) (1), 80 Stat. 937; junction is approximately 10 cm. from 46 U.S.C. 375, 416, 49 U.S.C. 1655(b) (1); 49 materials shall be 30 cm. x 30 cm. the nearest point of the specimen. CPR 1.4(a) (2). (12" x 12") by the submitted thickness. (2) The furnace temperature shall be Length and width measurements shall continuously controlled so as to follow Subpart 164.007— Structural be made to the nearest 1 mm. (%2"), the standard time- temperature curve Insulations thickness to the nearest 0.25 mm. within the accuracy specified in subpara­ (0.01" ), allowance being made of any graph (4) of this paragraph. § 164.007-1 Applicable specification nonflatness of the major surfaces of the (3) The standard time-temperature and referenced material. specimen. Measurements of dimensions curve is defined by a smooth curve drawn (a) Specification. The following speci­ of fibrous insulations shall be made to through the following points: fication of the issue in effect on the date the nearest 1.5 mm. OAq") on a nominal At the beginning of the test, 20° C. (68° F.). of manufacture of the structural insula­ 30 cm. (12") cube assembled from sheets At the end of the first 5 minutes, 538° C. tion shall form a part of the regulations of thickness as received. The average of (1,000° F.). of this subpart (see §§ 2.75-17 through at least four measurements of each di­ At the end of the first 10 minutes, 704° C. 2.75-19 of Subchapter A (Procedures mension shall be reported. The weight (1,300° F.). Applicable to the Public) of this chapter: shall be determined with a scale or bal­ At the end of the first 30 minutes 843° C. (1) Coast Guard specification: ance sensitive and accurate to 0.5 percent (1,550° F.). or less of the total weight. The dimen­ At the end of the first 60 minutes, 927° C. Subpart 164.009 of this part, Incombustible (1,700° F.). Materials for Merchant Vessels. sional and weight measurements shall not be made until the sample has been For a further definition of the time-tem­ (b) Technical reference. For guidance conditioned 1 week, or longer if required perature curve, see Appendix I of the purposes the technical reference may be to reach constant weight, in an atmos­ ASTM Standard E-119, “Fire Tests of used, which is entitled American Society phere at 23°±1° C. (73° F.±2°) and 50 Building Construction and Materials”. for Testing Materials Standard E-119, percent relative humidity. (4) The accuracy of the furnace con­ “Fire Tests of Building Construction and (2) Transfer to a previously dried andtrol shall be such that the area under Materials”, ASTM, 1916 Race Street, weighed wide-mouth weighing bottle pro­ the mean time-temperature curve is Philadelphia, Pa. 19103. vided with a glass stopper. Remove the within 15 percent of the area under the (c) Copies on file. A copy of the specifi­ stopper and heat the bottle and sample standard time-temperature curve during cation listed in paragraph (a) of this at 105°±5° C. (221°±9° F.) for 4 hours, the first 10 minutes of the test, within 10 section shall be kept on file by the manu­ insert the stopper, cool and weigh. Cal­ percent during the first one-half hour, facturer, together with the certificate of culate the content of moisture and other and within 5 percent for any period after approval and this specification. It is the volatiles as percent of the final dry weight the first one-half hour. At any time after manufacturer’s responsibility to have the of the sample. the first 10 minutes of the test the latest issue of the specification on hand (c) Preparation of fire test specimens. mean furnace temperature shall not dif­ together with the certificate of approval (1) The fire test specimens shall be con­ fer from the standard curve by more than and approved plans when manufactur­ ditioned to approximately constant 100° C. (180° F.). Consideration will be ing under this specification subpart. weight with air being maintained at a given to adjusting the results for varia­ (1) The Coast Guard specification may relative humidity of 40 to 70 percent and tion of the furnace exposure from that be obtained from the Commandant a temperature of 15° to 25° C. (50° to 77° prescribed. If corrections are made, they (MMT), U.S. Coast Guard, Washington, F.). After conditioning, but before test­ shall be in accordance with the proce­ D.C. 20591. ing, the temperature of the specimens dures set forth in the ASTM E-119. § 164.007—2 Purpose. shall not exceed 40° C. (104° F.). (e) Temperature of unexposed sur­ (2) Representative samples of the face. For the unexposed surface tempera­ The purpose of this specification is to structural insulation, of a thickness or ture measurement a thermocouple of 0.5 set forth tests necessary to measure the thicknesses and density as specified in mm. (0.020") diameter wires shall be insulation value of structural insulation § 164.007-9(a) (5), shall be tested as part soldered centrally with high tempera­ specimens under fire exposure condi­ of an assembly which forms a portion of ture solder to one surface of a disc of tions. The teste are not intended to a vertical wall of a furnace. The assembly copper 12 mm. in diameter and 0.2 mm. measure the integrity of structural com­ shall be at least 100 cm. x 150 cm. (40" thick. The discs shall be covered with an ponents of an assembly. Insulation meet­ x 60") in size. More than one sample oven-dry asbestos pad 50 mm. x 50 mm. ing this specification is adequate to limit may be tested, see § 164.007-7. the average temperature Use of a steel and 4 mm. thick. The disc and the pad bulkhead to 139° C. (250° F.) at the end (3) The specimens shall be attached to may be fixed to the surface of the steel a 5±0.3 mm. (%6") thick steel plate plate by pins, tape, or a suitable ad­ of a 60-minute standard fire test. and mounted in the furnace with the hesive. The asbestos pad shall have a § 164.007—3 Conditions of approval. steel plate forming the exterior wall of density of approximately 1,000 kg./m. (a) Structural insulation shall be of the furnace. Any stiffening members on and thermal conductivity of 0.11 kcal/ the steel plate shall be installed on the m/hr. x ° C. at 100° C. (212° F.). such quality as to successfully meet the face not adjacent to the insulation. (f) Temperature observations. (1) Ah requirements for an incombustible ma­ Spacer strips of asbestos cement board observations shall be taken at intervals terial as set forth in Subpart 164.009 of or similar material, up to 5 cm. (2") in not exceeding 5 minutes. The surface this part. width, shall be installed around the temperature on the exterior side of the

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17499 steel plate shall be measured by ther­ ture. In addition, for § 164.007-9(g> (2), spector obtained during installation on mocouples located as follows: complete time-temperature data consist­ a vessel. The manufacturer will incur no (1) One thermocouple located approx­ ing of a numerical time-temperature expense for such tests, but the results, imately in the center of each quadrant of table for each furnace and each surface shall be binding upon the approval of the steel plate (four thermocouples of insulation thermocouple together his product. total). with the initial temperature of each (b) A small scale furnace test (2' x 2' (ii) One thermocouple close to the thermocouple. furnace test 60 cm. x 60 cm.) shall be center of the steel plate. (6) A log maintained by the owner conducted. The time of failure shall not (iii) One thermocouple in way of or relative to deflections, cracking or loos­ vary from the original small scale test as close as possible to one of the pins or ening of the insulation, smoke or gas values by more than 10 percent. In addi­ other through metallic connections (if emission, glow, flame emission, and any tion tests shall be conducted to deter­ any) used for holding the insulation in other important data. The time of each mine incombustibility (§ 164.009), den­ place. observation should be noted. sity and thickness. Values of retesting for (iv) Further thermocouples at the dis­ (7) Photographs of both sides of the density and thickness shall not vary from cretion of the testing laboratory or Coast panel before and after testing. the original test values by more than 10 Guard for the purpose of determining (8) Summary of test results. percent. the temperature at points deemed likely to give a greater temperature rise than § 164.007—7 Analysis of results. § 164.007—9 Procedure for approval. any of the above-mentioned thermo­ (a) When only one sample is tested,' The following items shall be accom­ couples. the results of the test shall be binding plished in sequential order. (2) The average temperature rise on and no analysis by the Coast Guard will (a) Test request information. If a the unexposed surface shall be obtained be undertaken. manufacturer desires to have a structural by averaging the readings of the thermo­ (b) When more than one sample of insulation approved, a written request couples mentioned in subdivisions

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17500 RULES AND REGULATIONS Coast Guard comments on the manufac­ fore and after testing. The test report meet the thermal insulation require­ turer’s recommended thickness and den­ and samples will be examined by the ments of § 164.008-4(a) for at least 15 sity of the sample or samples for the fire National Bureau of Standards for com­ minutes and the integrity requirements resistance test will be given at this time, pliance with this subpart. The test of § 164.008-4(b) for at least 60 minutes. together with the estimated cost of the report shall include the information (d) The product shall be so marked required test. required by § 164.007-6 together with as to be readily identifiable to an inspec­ (c) Samples to be submitted. If the any other pertinent data. tor in the field. The marking shall in­ material is indicated as being suitable clude the Coast Guard approval number. for testing, the manufacturer shall sub­ 108. Subpart 164.008 is revised to read (e) The specimen to be tested shall mit a 100 cm. x 150 cm. (40" x 60") sam­ as follows: be representative of the typical installa­ ple, a 30 cm. x 30 cm. (12" x 12") sample Subpart 164.008— Bulkhead Panels tion on board a vessel and any limita­ and a 60 cm. x 60 cm. (24" x 24") sample Sec. tions shall be shown on the sketch for each thickness and density proposed 164.008- 1 Applicable specification and ref­ required by § 164.008-7(a) (7). to the Fire Research Section of the Na­ erence material. (f) The bulkhead panel shall suc­ tional Bureau of Standards, Washing­ 164.008- 2 Conditions of approval. cessfully pass the retests required by ton, D.C. 20234, and shall advise the 164.008- 3 Testing procedure. § 164.008-6. 164.008- 4 Test requirements. Coast Guard of the shipment. A separate 164.008- 5 Test report. § 164.008—3 Testing procedure. test will be made for each density of the 164.008- 6 Retests. material for which approval is desired. 164.008- 7 Procedure for approval. (a) Tests. All tests, including the re­ (d) Pretest information. At this time tests, shall be conducted at the National A u t h o r i t y : The provisions of this Sub­ Bureau of Standards or other labora­ the manufacturer shall submit to the part 164.008 Issued under R.S. 4405, as Coast Guard the following: amended, 4462, as amended, sec. 6(b) (1), 80 tories designated by the Coast Guard. (1) A statement that the material is Stat. 937; 46 U.S.C. 375, 416, 49 U.S.C. (b) Preparation of test specimen. (1) offered for testing as described pursuant 1655(b)(1); 49 CFR 1.4(a) (2). The test specimens shall be conditioned to paragraph (a) (3) of this section is to approximately constant weight with completely representative of the product Subpart 164.008— Bulkhead Panels the air being maintained at a relative which will be manufactured and sold § 164.008—1 Applicable specification humidity of 40 to 70 percent and a tem­ under U.S. Coast Guard approval if such and reference material. perature Of 15° to 25° C. (59° to 77° F.). approval is granted and that the ship­ After conditioning, but before testing, the builder will be advised of the proper in­ (a) Specification. The following spec­ temperature of the specimen should not stallation methods and the limitations ification of the issue in effect on the exceed 40° C. (104° F.). of the approval. date of manufacture of the bulkhead (2) The specimens shall be mounted (2) A commitment that he will reim­ panel shall form a part of the regula­ in the furnace in a vertical position in burse the National Bureau of Standards tions of this subpart (see §§2.75-17 Such a way as to give an exposed surface for the cost or review of the tests when through 2.75-19 of Subchapter A, Pro­ of at least 4.65 square meters (50 square billed by them. cedures Applicable to the Public, of this feet) and a height of at least 2.44 meters (3) If the manufacturer desires to chapter): (8 feet). witness the test, he should so indicate at (1) Coast Guard specification: (3) The specimen shall be supported this time. Subpart 164.009 of this part, Incombustible at the top and secured on the vertical (e) Test authorization. The National Materials for Merchant Vessels. sides and at the bottom in a manner Bureau of Standards will then be au­ (b) Technical reference. For guid­ representative of conditions in service. thorized to conduct the tests noted in ance purposes this technical reference If provision for movement at the edges § 164.007-4 and, upon completion of all may be used, which is entitled American of a bulkhead panel is made for a partic­ testing, the manufacturer will be billed Society for Testing Materials Standard ular construction in service, the speci­ directly by the National Bureau of E-119, “Fire Tests of Building Construc­ men should stimulate these conditions. Standards. Four copies of the test report tion and Materials”, ASTM, 1916 Race (4) The method of securing shall be containing the information required by Street, Philadelphia, Pa. 19103. such that there is no possibility of mis­ § 164.007-6 will be submitted to the (c) Copies on file. A copy of the speci­ interpretation of test results due to the Coast Guard. fication listed in paragraph (a) of this passage of flame at the edges of the (f) Notification of results. A copy of section shall be kept on file by the manu­ specimen when the method of fixing is the report will be forwarded to the facturer, together with the certificate of not the subject of the test. manufacturer and he will be advised if approval and this specification. It is the (e) Furnace control. (1) The furnace his material is approved under this sub­ manufacturer’s responsibility to have the temperature shall be determined by at part. If approved, any stipulations of latest issue of the specification on hand least four mineral insulated thermo­ the approval will be specified. This infor­ together with the certificate of approval couples having rapid response and dis­ mation will be published in the F ederal and approved plans when manufacturing tributed so as to represent fairly the R egister, and a certificate of approval under this specification subpart. furnace temperature and to insure as will be issued to the manufacturer. (1) The Coast Guard specification uniform heating as possible. The ther­ (g) Other laboratories. (1) If the may be obtained from the Commandant mocouples shall be arranged so that the manufacturer desires to have the test (MMT), U.S. Coast Guard, Washington, hot junction is approximately 10 cm. conducted at some laboratory other than D.C. 20591. (4") from the nearest point of thé the National Bureau of Standards, this specimen. information shall be supplied at the time § 164.008—2 Conditions of approval. (2) The furnace temperature shall be of initial contact with the Coast Guard. (a) Bulkhead panel material shall be continuously controlled so as to follow If the proposed laboratory is acceptable of such quality as to successfully meet the standard time-temperature curve to the Coast Guard, the manufacturer the requirements for an incombustible within the accuracy specified in sub- will be so advised, and any special test­ material as set forth in Subpart 164.009 paragraph (4) of this paragraph. ing requirements together with any esti­ of this part. (3) The standard time-temperature mated cost of expenses incurred by the (b) Bulkhead panels used in Class curve is defined by a smooth curve drawn National Bureau of Standards for their B-15 construction and as a component through the following points: review will be specified at this time. The in Class A-30 or Class A-15 construction At the beginning of the test, 20° C. (68° F.). Coast Guard shall be notified in advance shall meet the thermal insulation re­ At the end of the first 5 minutes, 538° C. of the date of the test so that a repre­ quirements of § 164.008-4 (a) for at least (1,000' F .). sentative may be present. 15 minutes, and the integrity require­ At the end of the first 10 minutes, 704' C- (1,300'F.). (2) The laboratory shall submit four ments of § 164.008-4(b) for at least 30 At the end of the first 30 minutes, 843 o. copies of a detailed test report to the minutes. ( 1,550'F.). _ Coast Guard together with representa­ (c) Bulkhead panels for use as a com­ At the end of the first 60 minutes, 927' C. tive samples of the material taken be- ponent in Class A-60 construction shall (1,700* F ).

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17501

For a further definition of the time-tem­ charred during the previous application. ing the aperture at about 25 mm. for a perature curve, see Appendix I of the (f) Temperature observations. (1) period of 30 seconds. If no flaming oc­ ASTM Standard El 19, “Eire Tests of All observations shall be taken at inter­ curs, the pad shall be removed and re­ Building Construction and Materials”. vals not exceeding 5 minutes. The sur­ applied after a suitable interval. (4) The accuracy of the furnace con­ face temperatures on the unexposed side trol shall be such that the area under of the test specimen shall be measured § 164.008—5 Test report. the mean time-temperature curve is by thermocouples located as follows: (а) The test report required by § 164.- within 15 percent of the area under the (1) One thermocouple located ap­ 008-7 (e) and (g) shall include at least standard curve during the first 10 min­ proximately in the center of each quad­ the following: utes of the test, within 10 percent dur­ rant of the steel plate (four thermocou­ (1) Name of manufacturer. ing the first one-half hour, and within ples total). (2) Purpose of test. 5 percent for any period after the first (ii) One thermocouple close to the (3) Test conditions and date of test. one-half hour. At any time after the center of the test specimen, but away (4) Description of the panel tested first 10 minutes of the test the mean from the joint, if any. giving size, thickness, density, detail of furnace temperature shall not differ (iii) At least one thermocouple at the joint and method of assembling in test from the standard curve by more than vertical joint of the test specimen. furnace. 100° C. (180° F.). Consideration will be (iv) Further thermocouples at the (5) Complete time-temperature data, given to adjusting the results for vari­ discretion of the testing laboratory or including initial temperature, for each ation of the furnace exposure from that Coast Guard for the purpose of deter­ thermocouple together with curves of av­ prescribed. If corrections are made, they mining the temperature at points erage temperature for the unexposed sur­ shall be in accordance with the proce­ deemed likely to give a greater tempera­ face of the insulation and the thermo­ dures set forth in ASTM E-119. ture rise than any of the above men­ couple recording the highest tempera­ (5) The pressure in the furnace shall tioned thermocouples. ture. In addition, for § 164.008-7 (g) (2) be equal to that in the laboratory at (2) The average temperature rise on complete time-temperature data consist­ about one-third of the height of the the unexposed surface shall be obtained ing of a numerical time-temperature ta­ specimen. by averaging the readings of the ther­ ble for each furnace and each surface in­ (d) Temperature of unexposed sur­ mocouples mentioned in subdivisions sulation thermocouple together with the face. For the unexposed surface tem­ (i) and (ii) of subparagraph (1) of this initial temperature of each thermo­ perature measurement, a thermocouple paragraph. couple. of 0.5 mm. (0.020") diameter wires shall (g) Other observations. Throughout (б) A log setting forth the observer’s be soldered centrally with high tempera­ the test, observations shall be made of notes relative to deflections, smoke or gas ture solder to one surface of a disc of cop­ all changes and occurrences, which are emission, glow, flame emission, and any per 12 mm. diameter and 0.2 mm. thick. not criteria of performance but which other important data. The time of each The discs shall be covered with an oven- may create hazard in case of a fire; for observation should be noted. dry asbestos pad 50 mm. x 50 mm. and 4 example the emission of appreciable (7) Complete observations on the ap­ mm. thick. The disc and the pad may be volumes of smoke or noxious vapors pearance of cracks and data on the test­ fixed to the surface of the specimen by from the unexposed side of the test ing of the cracks as specified in § 164.- pins, tape or a suitable adhesive, depend­ specimen. The specimen shall be exam­ 008-4(b), ing on the nature of the specimen ma­ ined after the test for changes that (8) Photographs of both sides of the terial. The asbestos pad shall have a have taken place and the information panel before and after testing. density of approximately 1,000 kg./m.s shall be noted in the test report. (9) Summary of test results. and thermal conductivity of 0.11 kcal./ (h) Duration of testing. The test shall m./hr. X C. at 100° C. (212° F.). be continued for at least 30 minutes to § 164.008—6 Retests. (e) Flame penetration. (1) Where meet the requirements of § 164.008-2(b) (a) Manufacturers of approved bulk­ cracks or openings are formed during or at least 60 minutes to meet the re­ head panels shall maintain quality con­ the test, an ignition test as prescribed quirements of § 164.008-2 (c). In either trol of materials used, manufacturing in § 164.008-4 (b) shall take place case, the test shall be continued until the methods, and the finished product utiliz­ immediately after the appearance of maximum surface temperature rise val­ ing appropriate quality control testing cracks or damage, followed by similar ues noted in § 164.008-4 (a) have been so as to meet the requirements of this tests at frequent intervals. The purpose reached, or until cracks which lead to specification, and any other conditions of the test is to indicate whether cracks flaming as specified in § 164.008-4 (b) are outlined on the certificate of approval. and openings formed during the test formed. Bulkhead panels are not inspected at are such that they would lead to pass­ regularly scheduled factory inspections; age of flame. § 164.008—4 Test requirements. however, approved bulkhead panels are (2) The cotton wool used for the (a) Thermal insulation: The insula­ subject to retest for continued compli­ tests prescribed in § 164.008-4 (b) shall tion value of the specimens for the full ance with the requirements of this sub­ consist of new undyed soft fibers without scale test shall be such that the average part on the following basis: any admixture of artificial fibers, and temperature of thermocouples on the un­ (1) The Coast Guard' may detail a shall be free from thread, leaf, and shell exposed surface described in § 164.008- marine inspector or other Coast Guard nber dust. A suitable material for this 3(f) (2) will not rise more than 139° C. designated inspector at any time to visit Purpose is sold in the form of rolls for (250° F.) above the initial temperature, any place where bulkhead panels are surgical use. A pad shall be cut measur­ nor will the temperature at any point manufactured to conduct any inspections ing 10 cm. x 10 cm. approximately 2 cm. on the surface, including any joint, rise or examinations deemed advisable and Muck and weighing between 3 and 4 more than 225° C. (405° F.) above the to select representative samples for fur­ grams. It shall be oven-dried prior to initial temperature at the end of 15 min­ ther examination, inspection, or tests. he test. The pad shall be attached by utes. When failure is due to excessive The inspector shall be admitted to any means of wire clips to a 10 cm. x 10 cm. temperature rise on the joint, consider­ place where work is done on bulkhead aine 1 mm. diameter. A wire handle ation will be given to alternate joint panels or component materials. pproximateiy 75 cm.- long attached to construction. The results obtained on (2) At a frequency of not less than e frame would facilitate its use on the the small scale test (2' x 2') (60 cm. x once every 5 years following issuance of specimen. 60 cm.) shall be recorded. approval, samples of an approved bulk­ ini? When testing for cracks or open- (b) The test shall determine the head panel selected from production hiirt

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 No. 208—Pt. Til­ 4 17502 RULES AND REGULATIONS tion and testing shall be every 2 years. advised. Coast Guard comments on the If the proposed laboratory is acceptable The cost of such testing shall be borne manufacturer’s recommended thickness to the Coast Guard, the manufacturer by the manufacturer. The nature of the and density of the panel for the fire re­ will be so advised and any special testing product or its production may dictate a sistance and integrity test will be given requirements together with an estimated differing retest frequency. at this time together with the estimated cost of expenses incurred by the National (3) The Coast Guard reserves the cost of the tests. Bureau of Standards for their review will right to make spot-check tests of ap­ (c) Samples to be submitted. If the be specified at this time. Payment will be proved bulkhead panels at any time on material is indicated as being suitable made as noted in paragraph (d) (2) of samples selected by a marine inspector for testing, the manufacturer shall sub­ this section. The Coast Guard shall be obtained during installation on a vessel. mit the samples required by subpara­ notified in advance of the date of the test The manufacturer will incur no expense graph (1) of this paragraph to the Fire so that a representative may be present. for such tests, but the results shall be Research Section of the National Bu­ (2) The laboratory shall submit four binding upon the approval of his product. reau of Standards, Washington, D.C. copies of a detailed test report to the (b) A small scale furnace test (2' x 2' 20234, and shall advise the Coast Guard Coast Guard, together with representa­ furnace test) shall be conducted. The of the shipment. tive samples of the material being taken time of failure shall not vary from the (1) One representative panel of the before and after testing. The test report original (2' x 2' furnace) test values by material having a surface approximately and samples will be examined by the Na­ more than 10 percent. In addition, tests 4.65 square meters (50 square feet) and tional Bureau of Standards for compli­ shall be conducted to determine incom­ a height of 2.44 meters (8 feet) contain­ ance with this subpart. The test report bustibility (§ 164.009), density and thick­ ing at least one vertical joint, located at shall include the information required by ness. Values on retesting for density and approximatey one-third panel width § 164.008-5 together with any other thickness shall not vary from the original from one edge (20-24 inches), and one pertinent data. test values by more than 10 percent. representative panel of the material having 60 cm. x 60 cm. (2' x 2') dimen­ § 164.008—7 Procedure for approval. sions. If the manufacturer desires to sub­ SUBCHAPTER R— NAUTICAL SCHOOLS The following items shall be accom­ mit the panel in thickness or size other PART 167— PUBLIC NAUTICAL plished in sequential order. than that recommended, prior approval SCHOOL SHIPS (а) Test request information. If a shall be obtained from the Commandant. manufacturer desires to have a bulkhead The manufacturer shall supply any labor Subpart 167.35— Lifesaving panel approved, a written request shall required for fabrication of the panel and Equipment for attaching the panel to the frame for be submitted to the Commandant of 109. Section 167.35-80 is amended by the Coast Guard, together with the testing. (d) Pretest information. At this time adding paragraph (c) to follow para­ following: graph (b) to read as follows: (1) If the material has already been the manufacturer shall submit to the approved as an “Incombustible Mate­ Coast Guard the following: § 167.35—80 Life buoys. rial” under Subpart 164.009 of this part, (1) A statement that the material as ***** the approval number of the material offered for testing and as described pur­ (c) Waterlights. All waterlights shall shall be indicated. If not, the procedure suant to § 164.008-6 (a) (3) is completely be of a type approved by the Coast Guard set forth in Subpart 164.009 of this part representative of the product which will or Navy. Waterlights constructed in ac­ shall be followed; and such approval be manufactured and sold under U.S. cordance with Subpart 160.012 or 161.001 shall be obtained prior to submittal under Coast Guard approval if such approval is of Subchapter Q (Specifications) of this this specification. granted and that the shipbuilder will be chapter shall not be installed after De­ (2) The description and trade name of advised of the proper installation meth­ cember 31, 1971, but may be retained as the bulkhead panel. ods and the limitations of the conditions long as they are maintained in good (3) A statement of the composition of of approval. condition. _ the material and the percentage of each (2) A commitment from the manufac­ component. turer that he will reimburse the National (R.S. 4405, as amended, 4462, as amended, Bureau of Standards for the cost of the sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, (4) A sample of the material at least 49 U.S.C. 1655(b) (1); 49 CFR 1.4(a) (2)) 1 foot square in each thickness and den­ tests or review when billed by them. sity of the material as manufactured. (3) If the manufacturer desires to SUBCHAPTER T— SMALL PASSENGER VESSELS (5) The range of thicknesses and/or witness the test, he should so indicate at (UNDER 100 GROSS TONS) densities in which it Is proposed to man­ this time. ufacture or use the material, together (e) Test authorization. The National PART 175— GENERAL PROVISIONS with any information or recommenda­ Bureau of Standards will then be author­ Subpart 175.05— Application tions the manufacturer may have as ized to conduct the test noted in § 164.- maximum or minimum thickness or 008-4 (a) and, upon completion of all 110. Section 175.05-1 (d) is revised to density. testing, the manufacturer will be billed read as follows: (б) The location of the place or places directly by the National Bureau of | 175.05—1 Vessels subject to the re­ where the material will be manufactured. Standardsrfour copies of the report con­ q u irem en ts o f this subchapter. (7) A sketch showing typical instal­ taining the information required by lation methods and indicating limita­ § 164.008-5 shall be submitted to the * * * * * Coast Guard. (d) S and L. Nothing in the regula­ tions, if any. tions in this subchapter shall be con­ (8) A general statement describing (f) Notification of results. A copy of strued as exempting, other than a yacb?j manufacturing procedures indicating the the report will be forwarded to the my mechanically propelled vessel whicn degree of quality control exercised and manufacturer, and he mil be advised if jarries more than 12 passengers on a the degree of inspection performed by his material is approved under this sub­ international voyage from the apphcab1® outside organizations. part. If approved, any stipulations of the requirements of the International Con­ (9) A statement indicating proposed approval will be specified. This informa­ tention for Safety of Life at Sea, l^ou. methods for field identification of the tion will be published in the F ederal rhe regulations in this subchapter sna products as being approved. Identifica­ R egister, and a certificate of approval not exempt any small passenger vesse tion shall include the Coast Guard ap­ will be issued to the manufacturer. from the applicable requirements of tn proval number. (g) Other laboratories. (1) If the 1966 International Convention on Loa (b) Test suitability. The above infor­ manufacturer desires to have the tests Lines. mation will be examined by the Coast conducted at some laboratory other than Guard and if it is indicated that the the National Bureau of Standards, this material is in all other respects suitable information shall be supplied at the time 111. Part 175 is amended by adding a for testing, the manufacturer will be so of initial contact with the Coast Guard. new Subpart 175.07 to read as follows.

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 RULES AND REGULATIONS 17503 Subpart 175.07— Load Lines Subpart 180.30— Ring Life Buoys and (R.S. 4405, as amended, 4462, as amended, sec. 5, 79 Stat. 424, 428, sec. 6(b) (1), 80 Stat. § 175.07—1 Load lines required. Water Lights 937; 46 U.S.C. 375, 416, 49 U.S.C. 1655(b) (1); Vessels of 79 feet in length and over 114. Section 180.30-1 (a) is revised to49 CFR 1.4(a)(2)) having their keels laid or at a similar read as follows: stage of construction on or after July 21, § 180.30—1 General. 1968, and engaged in international voy­ PART 190— CONSTRUCTION AND ages, are subject to load line assignment, (a) All ring life buoys and water lights ARRANGEMENT shall be of approved types. Water lights certification, and marking under Sub- Subpart 190.25— Rails and Guards chapter E (Load Lines) of this chapter. constructed in accordance with Subpart 160.012 or 161.001 of Subchapter Q (Spe­ 117. Section 190.25-1 is revised to read (R.S. 4405, as amended, 4462, as amended, cifications) of this chapter shall not be as follows: sec. 3, 70 Stat. 152, sec. 2, 45 Stat. 1493, as installed after December 31, 1971, but a m en d ed , sec. 2, 49 Stat. 888, as amended, § 190.25—1 Application. sec. 6 (b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, may be retained in existing installations 390b, 85a, 88a, 49 U.S.C. 1655(b) (1); 49 CFR as long as they are are maintained in (a) The provisions of this subpart with 1.4(a)(2)) good condition. the exception of § 190.25-90, apply to all * * * * * vessels contracted for on or after July 1, PART 177— CONSTRUCTION AND (R.S. 4405, as amended, 4462, as amended, 1969. ARRANGEMENT sec. 3, 70 Stat. 152, sec. 6(b) (1), 80 Stat. 937; (b) Vessels contracted for prior to 46 U.S.C. 375, 416, 390b, 49 U.S.C. 1655(b) (1) ; July 1, 1969 shall meet the requirements Subpart 177.35— Rails and Guards 49 CFR 1.4(a) (2) ) of § 190.25-90. .... §177.35-1 [Amended] 118. Section 190.25-5 is revised to read as follows: 112. Section 177.35-1 Deck rails is PART 184— VESSEL CONTROL AND amended by adding in the fourth line MISCELLANEOUS SYSTEMS AND § 190.25—5 Where rails required. of paragraph (b) the words “except as EQUIPMENT (a) All vessels shall have efficient provided by paragraph (f) of this sec­ Subpart 184.15— Navigation Lights guard rails or bulwarks on decks and tion.” to follow the word “inches”; by bridges. The height of rails or bulwarks redesignating the present paragraph (f) and Shapes, Whistles, Fog Horns, shall be at least 39 V2 inches from the as paragraph (g); by redesignating the and Fog Bells deck. At exposed peripheries of the‘free­ present paragraph (g) as paragraph (h); 115. Section 184.15-5 is amended by board and superstructure decks, the and by adding a new paragraph (f) to rails shall be in at least three courses, in­ read as follows: adding a new paragraph (d) to read as follows: cluding the top. The opening below the (f) For vessels subject to the 1966 In­ lowest course shall not be more than 9 ternational Convention on Load Lines the § 184.15—5* Light intensity standards. inches. The courses shall not be more height of rails and bulwarks installed * * * * * than 15 inches apart. In the case of ships at the peripheries of the freeboard and (d) The light intensity standards ofwith rounded gunwales the guard rail superstructure decks shall be at least this section shall apply to new naviga­ supports shall be placed in the flat of 39i/2 inches. However where this height tion lights installed and replacements of the deck. On other decks and bridges the would interfere with the normal opera­ existing lights made on or after Jan­ rails shall be in at least two courses, in­ tion of the ship, a lesser height may be uary 1, 1971. Such lights shall be of an cluding the top, approximately evenly approved if the cognizant Officer in approved type. spaced. If it can be shown to the satis­ Charge, Marine Inspection is satisfied faction of the Officer in Charge, Marine that adequate protection is provided. The (R.S. 4405, as amended, 4462, as amended, sec. Inspection, that the installation of rails opening below the lowest course shall 3, 70 Stat. 152, sec. 6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, 390b, 49 U.S.C. 1655(b)(1); of such height will be unreasonable and not be more than 9 inches and the 49 CFR 1.4(a) (2)) courses shall not be more than 15 inches impracticable, having regard to the busi­ apart. ness of the vessel, rails of a lesser height SUBCHAPTER U— OCEANOGRAPHIC VESSELS (R.s. 4405, as amended, 4462, as amended, or in some cases grab rails may be ac­ sec. 3, 70 Stat. 152, sec. 2, 45 Stat. 1493, as PART 188— GENERAL PROVISIONS cepted and inboard rails may be elimi­ amended, sec. 2, 49 Stat. 888, as amended, nated if the deck is not generally “W-6(b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, Subpart 188.05— Application accessible. , 85a> 88 a, 49 U.S.C. 1655(b) (1); 49 CFR !-4(a) (2)) 116. Section 188.05-30 is amended by (b) Where it can be shown to the satis­ revising the heading and paragraphs (a) faction of the Commandant that a ves­ and (b) to read as follows: PART 180— l if e s a v in g e q u ip m e n t sel is engaged exclusively in voyages of § 188.05—30 Portable tanks—interpre­ a sheltered nature, the provisions of Subpart 180.15— Equipment for Life tive rulings. paragraph (a) of this section may be floats and Buoyant Apparatus (a) The phrase “drums, barrels, or relaxed. 113. Section 180.15-5 (d) is revised to other packages,” as used in R.S. 4417a, as read as follows: amended (46 U.S.C. 391a), and in R.S. § 190.25—90 [Amended] 4472, as amended (46 U.S.C. 170), is in­ 119. Section 190.25-90 is amended by § 130.15-5 Description of equipment terpreted to mean portable tanks having changing in the heading the date “March or life floats and buoyant apparatus. 1, 1968” to “July 1, 1969”. * * * * a maximum capacity of 110 U.S. gallons and Department of Transportation speci­ (R.S. 4405, as amended, 4462, as amended, bp( Water light. The water light shall fications cylinders having a water capac­ sec. 5, 79 Stat. 424, sec. 6(b)(1), 80 Stat. ap.. J ,an approved type constructed in ity of not more than 1,000 pounds, which 937; 46 U.S.C. 375, 416, 445, 49 U.S.C. 1655 or 1 «1 ^ ce with Subpart 160.012,161.001, are actually loaded and discharged from (b) (1); 49 CFR 1.4(a) (2)) M ° o f Subchapter Q (Specifica- vessels with their contents Intact. striipt a lllls chapter. Water lights con- (b) The phrase “inflammable or com­ lfio 010 m accordance with Subpart bustible liquid cargo in bulk” as used PART 192— LIFESAVING EQUIPMENT noth °r 161,001 ol this chapter shall in RJS. 4417a, as amended (46 U.S.C. Subpart 192.20— Equipment for Life­ but 06 lnstalled after December 31, 1971, 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include such boats, Liferafts, Lifefloats, a n d tior.rna^ ke retained in existing installa- cargo in portable tanks of a capacity of Buoyant Apparatus ennj aS long as they are maintained in i g0°a condition. more than 110 U.S. gallons. 120. Section 192.20-25 (0) is revised to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969 17504 RULES AND REGULATIONS

§ 192.20—25 Description of equipment (R.S. 4405, as amended, 4462, as amended, for liferafts. sec. 5, 79 Stat. 424, sec. 6(b)(1), 80 Stat. 937; 46 U.S.C. 375, 416, 445, 49 U.S.C. 1655 ***** (b)(1); 49 CFR 1.4(a)(2)) (o) Water light. The water light shall be of an approved type, constructed in accordance with Subpart 160.012, 161.- PART 195— VESSEL CONTROL AND 001, or 161.010 of Subchapter Q (Speci-. fleations) of this chapter. Water lights MISCELLANEOUS SYSTEMS AND constructed in accordance with Subpart EQUIPMENT 160.012 or 161.001 of this chapter shall not be installed after December 31, 1971, Subpart 195.35— Fireman’s Outfit but may be retained in existing installa­ 123. Section 195.35-5 is amended by tions as long as they are maintained in adding three new paragraphs, (f), (g), good condition. The water light shall be and (h), reading as follows: attached to the liferaft by a 12-thread manila or equivalent synthetic lanyard § 195.35-5 General. 3 fathoms in length. * * * * * 121. Section 192.20-35 (e) is revised (f) Boots and gloves shall be of rub­ to read as follows: ber or other electrically nonconducting § 192.20—35 Description of equipment material. for lifefloats and buoyant apparatus. (g) The helmet shall provide effective ***** protection against impact. (e) Water light. The water light shall (h) Protective clothing shall be of be of an approved type, constructed in material that will protect the skin from accordance with Subpart 160.012, 161.- the heat of fire and bums from scalding 001 or 161.010 of Subchapter Q (Specifi­ steam. The outer surface shall be water cations) of this chapter. Water lights resistant. constructed in accordance with Subpart 124. Section 195.35-10 is revised to 160.012 or 161.001 of this chapter shall not be installed after December 31, 1971, read as follows: but may be retained in existing installa­ § 195.35—10 Fireman’s outfit. tions as long as they are maintained in good condition. The water light shall (a) A fireman’s outfit shall consist of be attached to the lifefloat or buoyant one self-contained breathing apparatus apparatus by a 12-thread manila or with lifeline attached, one flashlight, one equivalent synthetic lanyard 3 fathoms flame safety lamp, a rigid helmet, boots in length. and gloves, protective clothing, and one Subpart 192.43— Ring Life Buoys and fire ax. (b) Every vessel shall carry at least Water Lights two firemen’s outfits. 122. Section 192.43-5(b) is revised to (R.S. 4405, as amended, 4462, as amended, read as follows: sec. 5, 79 Stat. 424, sec. 6(b)(1), 80 Stat. § 192.43—5 General. 937; 46 U.S.C. 375, 416, 445, 49 U.S.C. 1655 * * * * * (b)(1); 49 CFR 1.4(a)(2)) (b) All water lights shall be of an ap­ Effective date. These amendments shall proved type, constructed in accordance become effective 30 days following the with Subpart 160.012, 161.001, or 161.010 date of publication in the F ederal R eg­ of Subchapter Q (Specifications) of this ister. chapter. Water lights constructed in ac­ cordance with Subpart 160.012 or 161.- Dated: October 23,1969. 001 of this chapter shall not be installed P. E. T rimble, after December 31, 1971, but may be Vice Admiral, U S. Coast Guard, retained in existing installations as Acting Commandant. long as they are maintained in good condition. [F.R. Doc. 69-12837; Filed, Oct. 28, 1969; 8:45 a.m.] * * * * *

FEDERAL REGISTER, V O L 34, NO. 208— WEDNESDAY, OCTOBER 29, 1969