FEDERAL REGISTER

VOLUME 32 • NUMBER 5

Tuesday, January 10, 1967 • Washington, D.C.

Pages 183-246

Agencies in this issue— Advisory Commission on Intergovernmental Relations Army Department Atomic Energy, Commission Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Deposit Insurance Corporation Federal Maritime Commission Federal Power Commission, Food and Drug Administration Interior Department Interstate Commerce Commission Land Management Bureau Monetary Offices Navy Department Public Health Service Securities and Exchange Commission Wage and Hour Division Detailed list o f Contents appears inside. S 'Y ear Compilations of Presidential Documents

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ADVISORY COMMISSION ON FEDERAL COM M UNICATIONS INTERSTATE COMMERCE INTERGOVERNMENTAL COMMISSION COMMISSION RELATIONS Notices Notices Rules and Regulations Hearings, etc.: Fourth section application for re­ Employee responsibilities and Cosmos Cablevision Corp. and lief ______245 conduct------203 Aiken Cablevision, Inc______239 Lyrla, Keith H.; statement of changes in financial interests. _ 245 AGRICULTURE DEPARTMENT Stephen Vaughan and Associ­ ates and Multivision North­ See Commodity Credit Corpora­ west, Inc______238 LABOR DEPARTMENT tion; Consumer and Marketing Taxicab radio service______239 See Wage and Hour Division. Service. LAND MANAGEMENT BUREAU ARMY DEPARTMENT FEDERAL DEPOSIT INSURANCE CORPORATION Rules and Regulations Rules and Regulations Public land orders: Medical and dental attendance; Notices Alaska (3 documents)___210, 211, 213 miscellaneous amendments____ 215 Western Maryland Trust Co.; Arizona (2 documents)______210, 213 application for exemption_____ 241 Colorado ______210 ATOMIC ENERGY COMMISSION M o n ta n a __ .______•______210 Proposed Rule Making FEDERAL MARITIME New Mexico (5 documents)___ 211, 212,214 Eligibility for access to restricted COMMISSION Oregon (4 documents) __210, 212-214 data or defense information; South Dakota______213 use of hallucinogenic drugs for Notices Washington______213 nonmedical purposes______234 Approval agreements: W yom ing______212 Notices American President Lines, Ltd., General Dynamics Corp.; termi­ and China Navigation Co., MONETARY OFFICES nation of facility license______236 Ltd ______!___ 240 Rules and Regulations Isochem, Inc.; order postponing Pacific Coast-Australasian Tar­ hearing------236 iff Bureau______240 Conditions for purchase by Treas­ Pacific Westbound Conference. 240 ury of newly-mined domestic CIVIL AERONAUTICS BOARD Trans Pacific Freight Confer­ silver______. . . ______195 ence ______240 Notices NAVY DEPARTMENT Air Transport Assn, et al.; ac­ FEDERAL POWER CO M M ISSIO N Rules and Regulations cessorial cargo services______236 International Air Transport Assn. ; Notices Declarations and awards; Viêt- Nam Campaign Medal with de­ fares------236 Hearings, etc.: vice______221 Lake Central Airlines, Inc.; post­ Algonquin Gas Transmission ponement of prehearing con­ C o ------242 PUBLIC HEALTH SERVICE ference______238 Natural Gas Pipeline Company of America______243 Rules and Regulations COMMODITY CREDIT Pacific Gas and Electric Co____ 243 Grants to improve quality of train­ CORPORATION Wilson, Alvin, et al______241 ing centers for allied health Notices professions______204 FOOD AND DRUG Certificates of interest; sale to SECURITIES AND EXCHANGE financial institutions______ADMINISTRATION 235 COMMISSION Rules and Regulations CONSUMER AND MARKETING Notices Depressant and stimulant drugs; SERVICE exemption of certain combina­ Utah Power & Light Co.; issuance tion “drugs______197 and sale of short-term notes Rules and Regulations to banks______243 Dates, domestic, produced or Habit-forming drugs; exemption packed in designated part of from prescription dispensing re­ quirements ______203 TREASURY DEPARTMENT California ; miscellaneous See Monetary Offices. amendments ______214 HEALTH, EDUCATION, AND WAGE AND HOUR DIVISION defense d e p a r t m e n t WELFARE DEPARTMENT See Army Department; Navy De­ Proposed Rule Making partment. See Food and Drug Administra­ Crediting tips as wages______„ 222 tion; Public Health Service. Employee employed in bona fide FEDERAL AVIATION AGENCY capacity of academic admin­ INTERIOR DEPARTMENT istrative personnel or teacher; Rules and Regulations defining and delimiting terms— 228 See also Land Management Bu­ Airborne ATC transponder equip­ reau. Notices ment; TSO-C74a______i«8 Rules and Régulations Certificates authorizing employ­ ai^craft engines, and pro­ ment of learners at special mini­ pellers; identification______187 Récréation fees______;____ 207 mum rates..______244 185 186 CONTENTS List of CFR Parts Affected (Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.

3 CFR 21 CFR 43 CFR E x e c u t iv e O r d e r s : 165 ______203 18------—— ------207 June 13, 1902 (revoked in part by 166 _ 197 P u b l i c L a n d O r d e r s : PLO 4143)______— ______213 686 (revoked in part by PLO July 7, 1910 (revoked in part by 29 CFR 4133) ______210 1096 (revoked in part by PLO PLO 4131)______218 P r o p o s e d R u l e s : June 16, 1911 (revoked in part by i 531______222 4141) ______213 PLO 4129)______210 541______228 2449 (revoked by PLO 4140)______213 6143 (revoked in part by PLO 2631 (revoked by PLO 4140)______213 4136) ______211 31 CFR 2749 (revoked in part by PLO 6276 (revoked in part by PLO 4137) ______212 195 4136) ______211 80------4074 (corrected by PLO 4134)— _ 211 81______195 4129 ______210 93______195 4130 ______210 5 CFR 4131 ______210 1700— 203 32 CFR > 4132 _____ 210 577______215 4133 ______210 733— — . ____ 221 4134 ______211 7 CFR 4135 ______, ____ _ 211 987____' 214 42 CFR 4136 ______211 4137 _ 212 57______204 4138 ______212 10 CFR 4139 ______212 P r o p o s e d R u l e s : 4140 ______213 10-______234 4141 ______213 4142— — ______213 4143 ______213 14 CFR 4144 ______213 21______187 4145 ______214 37______188 4146 ______214 45------— 187 4147— ______214 187

Rules and Regulations

and traced by the information on the craft and aircraft engines should also Title 14— AERONAUTICS AND original plate. be fireproof. This change has been in­ Several comments concerned the loca­ corporated into the rule. A fireproof SPACE tion of the aircraft identification plate. plate without fireproof markings would Chapter I— Federal Aviation Agency The proposed section would have only have limited identification value. required the plate to be in an “accessible One comment recommended that the [Docket No. 7295; Arndt. No. 21-13, 45-3] external location.” In the light of sev­ identification plate for aircraft engines PART 21— CERTIFICATION PROCE­ eral comments received, the Agency has be placed on the main case. The rule DURES FOR PRODUCTS AND PARTS determined that a reasonably uniform requires that the engine’s identification location should be adopted, since the plate be accessible, and not easily dam­ PART 45— IDENTIFICATION AND main purpose of the location aspect of aged. It is true that, on some engines, REGISTRATION MARKING the identification plate requirements is the main case might be an accessible to facilitate identification of the aircraft location. However, it need not be so for Identification of Aircraft, Aircraft during inspections or in an accident. every engine. Therefore, rather than fix Engines, and Propellers Therefore, this amendment requires the a uniform location, it is more practical aircraft’s identification plate to be in an to require only that the plate be accessi­ This amendment changes Part 21 to accessible location "near an entrance.” ble. This comment cannot, therefore, require compliance with the identifica­ An external location is not required. An be accepted. tion plate requirements of Part 45 as a “accessible location near an entrance” One comment suggested that the serial prerequisite to the issue of certain air­ should allow the maximum amount of numbers shown on the aircraft’s identifi­ worthiness certificates, and changes Part protection for the plate in an accident cation plate should be correlated with 45 to broaden the pertinent identification while at the same time leaving the plate the type design, rather than with its plate requirements for aircraft, aircraft available for normal inspection. model number. The commentator stated engines, and propellers. This amend­ Two comments concerned the proposed that this would avoid duplication of ment also removes appliances from Part “permanent” nature of the identifica­ model and serial numbers, creating an 45. This amendment is based on, and tion plates for aircraft and for aircraft ambiguity between aircraft that are not is issued for the reasons contained in, engines. The comments indicated that built under a type or production certif­ Notice 66-15, published in the F e d e r a l the Agency might want the plates re­ icate, and those that are. The Agency R e g is te r on April 19,1966 (31 F.R. 5991). moved for alteration or replacement, recognizes the fact that there might be Changes to the proposals in the notice, and that, if they were permanent in na­ duplication of serial numbers, since this and disposition of industry comments, ture, this would be an impossibility. The amendment does not require persons who are as follows: Agency agrees. Literal permanence is build aircraft from spare and surplus One comment objected to proposed not intended. This amendment (§ 45.11 parts to determine and avoid using all new § 21.182 because it would not re­ (a)) therefore merely requires that serial numbers assigned to all past, pres­ quire an aircraft altered under a Sup­ identification plates for both aircraft ent, and future aircraft of that model plemental Type Certificate (STC) to and aircraft engines be secured so that by the holder of the type or production have a changed or additional identifica­ they “will not be likely to be defaced or certificate. Further, as indicated in the tion plate containing any new informa­ removed during normal service, or lost notice, the regulation would require per­ tion related to the STC’d aircraft and or destroyed in an accident.” Consist­ sons who build aircraft from spare and that the identification plate on an ent with this change, the propeller iden­ surplus parts to list the model designa­ STC’d aircraft should not continue to tification requirements are amended (in tion under the type design to which con­ identify the modified aircraft with only § 45.11(b)) by deleting the reference formity will be shown. The aircraft’s the builder’s name, serial number, and to “permanent” identification, and by model number will thus be duplicated in model designation pertaining to the replacing that reference with (1) a ref­ arriving at the finding of conformity. holder of the type or production certifi­ erence to a “fireproof” identification, However, notwithstanding, these serial cate. The Agency disagrees. The and (2) a requirement that the marking number and model designation duplica­ identification plate has but one function : be such that it “will not be likely to be tions, no ultimate identification ambi­ It is a means by which the Agency can defaced or removed during normal serv­ guity should result under this amend­ positively link a given aircraft with the ice, or lost or destroyed in an accident.” ment. Section 45.13(a)(1) requires the proper documentation so that the con­ One comment stated that proposed builder’s name to appear on the plate. In tinuing airworthiness history of that § 21.182 would require a new identifica­ most cases the builder’s name alone will Particular aircraft can be traced tion plate each time the airworthiness distinguish aircraft not built under a type throughout its service life. The burden classification is changed. The Agency or production certificate from aircraft Placed on the public by the identifica­ assumes that this concern is caused by that are so built. In addition, § 45.13 tion plate requirements should be no the proposed language “each applicant (a) (5) requires the production certifi­ greater than that necessary to fulfill this * * * must identify his aircraft as pre­ cate number, if any, to appear on the function. So far as linking a particular scribed * * *” This result is not in­ plate. Thus, even if two or more build­ aircraft to its proper documents is con­ tended. Section 21.182 therefore is ers of the same model aircraft should cerned, it should be noted that, while changed from the notice by specifically duplicate serial numbers, no ambiguity the name of the builder is essential in­ excluding changes of already identified formation on the original plate (for air­ aircraft from one airworthiness classi­ will result unless all of the builders have craft built under a type or production fication to another. Further, the Agency the same name and none of them hold certificate as well as for aircraft built does not believe it necessary to require production certificates. The probability from spare and surplus parts), it is not the applicant to actually perform the of this is low enough to justify not ac­ necessary to require that the builder’s identification. Section 21.182 therefore cepting this comment. However, if am­ name on the plate be changed or that only requires that the applicant “show biguities should arise in this connection, new names be added to include persons that the aircraft is identified as pre­ who subsequently modify the aircraft scribed in § 45.11(a).” some further means of distinguishing under STC’s. These later modifications One comment suggested that § 45.11 between aircraft built under a type cer­ will be reflected in the pertinent docu­ (a) should require that the marking on tificate or production certificate, and ments. These documents can be located the fireproof plate that is affixed to air­ other aircraft, will be made.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 188 RULES AND REGULATIONS

Another comment questioned the need § 45.1 Applicability. [D o c k et N o. 7270; Arndt. N o. 37-10] to include the date of completion of the * * * * * PART 37— TECHNICAL STANDARD product on the identification plate, as (a) Identification of aircraft, and ORDER AUTHORIZATIONS provided by the proposed amendment to identification of aircraft engines and § 45.13(a) (4). The Agency accepts this propellers that are manufactured under Airborne ATC Transponder Equip­ comment both as to the date of comple­ the terms of a type or production ment, TSO—C74a tion and as to the date of manufacture certificate: (which was required by § 45.13(a) (4) The purpose of this amendment to Part * * * * * prior to this amendment). Amended 37 of the Federal Aviation Regulations is § 45.13(a) (3) requires every builder to 2. Section 45.11 is amended to read as to revise technical standard order (TSO- give his aircraft a serial number, and follows: C74) for airborne ATC transponder place it on the aircraft’s identification equipment to increase the number of § 45.11 General. plate, whether or not the aircraft is available reply codes and to add on auto­ built under the terms of a type or (a) Aircraft and aircraft engines. matic altitude reporting capability. In production certificate. Except for an­ Aircraft covered by § 21.182 of this chap­ addition to revising the various technical tique aircraft, the date of manufacture ter must be identified, and each person aspects of the present TSO-C74, this can be readily discovered through the who manufactures an aircraft engine amendment incorporates Federal Avia­ serial number of the aircraft. A re­ under a type or production certificate tion Agency Standards and Test Proce­ quirement for this date to appear on shall identify his engine, by means of a dures. This action was published as a the identification plate would therefore fireproof plate that has the information notice of proposed rule making (31 F.R. appear to be unnecessary. For antique specified in § 45.13 marked thereon by 5570, Apr. 8, 1966), and circulated as aircraft, the age of the aircraft can gen­ etching, stamping, engraving, or other Notice 66-12. erally be determined from the manufac­ approved method of fireproof marking. Transponder equipment comprises only turer’s records, or from the original air­ The identification plate for aircraft must one element of the complete system re­ worthiness certificate. If the aircraft is be secured to the aircraft at an accessi­ quired for automatic altitude reporting. one for which no records are available, ble location near an entrance in such a By separate rule-making action, the the Agency will have to use collateral manner that it will not be likely to be Agency is also establishing minimum evidence to fix the date of manufacture. defaced or removed during normal serv­ performance standards (TSO-C88) for However, the expected frequency of this ice, or lost or destroyed in an accident. 100-foot increment digitizing equipment. occurrence is too low to require the date For aircraft engines, the identification As stated in Notice 66-12, the Datex of completion to be on each identification plate shall be affixed to the engine at an Corp., Monrovia, Calif., owns U.S. Patent plate. In summary, it does not appear accessible location, in such a manner No. 3,165,731 issued January 12, 1965, in that the possible presence or absence of that it will not be likely to be defaced or the name of Carl P. Spaulding, and a serial.number or the likelihood of de­ removed during normal service, or lost claims it covers digitizer equipment em­ terioration as a result of aging are useful or destroyed in an accident. ploying the parallel digital code set forth standards for determining whether the (b) Propellers and propeller blades in the International (ICAO) Code for date of manufacture (or completion) and hubs. Each person who manufac­ SSR Pressure Altitude Transmission should be furnished. In light of the tures a propeller, propeller blade, or pro­ (ICAO International Standards and Rec­ comments received, the amendment to peller hub under the terms of a type or ommended Practices; Aeronautical Tele­ § 45.13(a) (4), as it appeared in the no­ production certificate shall identify his communications, Annex 10, Volume I, tice, is withdrawn, and the requirement product by means of a plate, stamping, Part I, Equipment and Systems). of former § 45.13(a) (4) is deleted. Sub­ engraving, etching, or other approved The FAA takes no position on whether sequent subparagraphs are renumbered method of fireproof identification that is the patent (1) is valid or (2) covers the accordingly. placed on it on a noncritical surface, ICAO Code so that use of the code might A comment suggested that the rule contains the information specified in infringe the patent. However, in order be revised to eliminate the requirement § 45.13, and will not be likely to be de­ to assure that the equipment covered by that the manufacturer number his air­ faced or removed during normal service the TSO will be readily available at rea­ craft in the sequence of production. This or lost or destroyed in an accident. sonable cost, the FAA has obtained an amendment does not prescribe any par­ agreement from the patent owner pro­ ticular pattern or sequence of assigned 3. Section 45.13 is amended to read as viding for the granting of nonexclusive follows: numbers. licenses on reasonable terms for the The Agency appreciates the cooper­ § 45.13 Identification data. manufacture, use, or sale of the equip­ ative spirit in which these comments ment claimed to be covered by the patent. were submitted by the public. (a) The identification required by Numerous comments have been re­ In consideration of the foregoing, § 45.11 shall include the following ceived in response to Notice 66-12. The Parts 21 and 45 are amended as follows information: more pertinent of these comments, to­ effective July 7, 1967. (1) Builder’s name'. gether with the changes in the proposal Part 21 is amended by adding a new (2) Model designation. resulting therefrom, are discussed in de­ § 21.182 to read as follows: (3) Builder’s serial number. tail hereinafter. (4) Type certificate number, if any. Several comments were received con­ § 21.182 Aircraft identification. (5) Production certificate number, if cerning the applicability of this TSO. any. (a) Except as provided in paragraph In one case, the comment was made that (b) of this section, each applicant for (6) For aircraft engines, the. estab­ the requirements of this TSO are appli­ lished rating. an airworthiness certificate under this cable only to airline users since they are subpart must show that his aircraft is (7) Any other information the Ad­ required, for all practical purposes, to identified as prescribed in § 45.11(a). ministrator finds appropriate. carry TSO equipment. In this connec­ (b) Paragraph (a) of this section does (b) No person may remove or change tion, it was pointed out that in a coopera­ not apply to applicants for the following : identification information without the tive system, such as secondary surveil­ approval of the Administrator. (1) A special flight permit. lance radar, the FAA should require any­ one who carries an ATC transponder to (2) An experimental certificate for an (Secs. 3 0 7 (c ), 3 1 3 (a ), 601, 603, F ed eral A v ia ­ meet a minimum performance standard. aircraft that is not amateur built. tio n A c t o f 1958; 49 U.S.C. 1 3 4 8 (c), 1 3 54 (a), 1421, an d 1423) On the other hand, certain of the com­ (3) A change from one airworthiness ments objected to the deletion of the classification to another, for an aircraft Issued in Washington, D.C., on Janu­ phrase “for air carrier aircraft” from the already identified as prescribed in ary 3, 1967. applicability statement and expressed a § 45.11(a). W i l l i a m F . M cK e e , need for clarification of this action. Part 45 is amended as follows: Administrator. Concern was expressed that the deletion 1. Section 45.1(a) is amended to read[F .R . Doc. 67-212; F iled , Jan. 9, 1967; of this phrase would make the TSO appli­ as follows: 8:45 a.m .] cable to all transponders in the absence

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 189 of any other known means of obtaining take in future rule making under Notice which was included because it was transponder equipment approval. The 65- 9. thought that requirements for the rat­ comments point out that the application In addition to the foregoing, a com­ ing of components would improve the of a rigid TSO would, in their opinion, ment was received suggesting that a re­ reliability of equipment manufactured impede the development of low-cost quirement for automatic altitude report­ under the standard. However, there equipment and greatly retard the full ing capability should not be provided in were objections to this section on the utilization of the secondary surveillance the TSO, but that the provision for such grounds that it is obsolete and may im­ radar system. It was suggested that if capability should be optional at this pose an unnecessary burden on the man­ requirements are to be imposed on gen­ time. In further support of this posi­ ufacturer. After further consideration, eral aviation aircraft, they should be lim­ tion, the comment pointed out that gen­ the Agency agrees that a requirement for ited to those absolute minimum systems eral aviation transponders which may the rating of components of a trans­ characteristics which could degrade the not have altitude reporting capability ponder is unnecessary and could impose system. must be required to meet minimum per­ restrictions on equipment design. It has In response to these comments, the formance standard for the basic trans­ therefore been deleted from the final Agency considers it appropriate to once ponder system. Finally, it was suggested rule. again point out that the performance that since Mode C is not mandatory, a In response to industry comments and standards set forth in this TSO are TSO requirement for Mode C could dis­ for the purpose of clarification, the word mandatory only for equipment manu­ courage general aviation users from “transmitter” has been removed from facturers who wish to obtain TSO au­ meeting any standard. The Agency the requirement of paragraph 1.3(a) thorization covering ATC transponder agrees that to prevent derogation of the since the reply codes are not generated equipment. As the preamble to Notice system, certain basic transponder stand­ in the transmitter itself. 66-12 indicated, TSO’s are directions to ards should be made mandatory for all A suggestion was made that the re­ manufacturers holding authorizations users of the airspace involved. This is quirement concerning operating controls under the system and are not directed the subject of separate rule-making ac­ should require that provision be made to persons who install or use the equip­ tion under Advance Notice 65-9. How­ for the selection of Mode 3/A or Mode B, ment. Therefore, reference to “air car­ ever, we do not believe that the absence if Mode B is provided in the transponder. rier aircraft” in the applicability provi­ of a Mode C capability option in this re­ The Agency does not agree with thir sion of the TSO would be both meaning­ vised TSO would discourage general avi­ suggestion. The purpose of the require­ less and confusing. ation operators from meeting any stand­ ment concerning operating controls is to The technical standard order system ards. Under the current rule, operators prescribe functions which must be select­ merely provides one means by which may use transponders that do not meet able, as a minimum. Mode B is an equipment is approved and unless the any TSO requirements and while this optional Mode (as is Mode D ) . It is nec­ operating rules require that equipment may lead to the use of transponders that essary only for ATC transponder equip­ be TSO-approved, an operator may use do derogate the system, allowing the ment installed in aircraft which operate any approved equipment. At the present Mode 3/A or Mode 3/A and Mode C op­ in the United Kingdom. The pulse spac­ time, TSO approval of a transponder is tion in this revised TSO as recom­ ing for Mode B operation is contained in not necessary in order to obtain approval mended, would not alter this situation an appendix to the standard. The for the installation of the transponder materially. Rule making along the lines Agency sees no need to include such and such installation may be made, not­ proposed in Notice 65-9 is the positive optional modes of operation in the mini­ withstanding the adoption of this TSO, way to obtain compliance with essential mum standards for transponders. without necessarily meeting the TSO system characteristics and thereby pre­ A comment was received concerning performance standards. However, as the vent system derogation. the proposed requirement that the varia­ Agency indicated in Advance Notice 65-9 Concerning the deletion of detailed tion of sensitivity of the receiver between (Airborne Radio Navigation and Com­ test procedures as proposed in Notice any mode which it is capable of operat­ munication Equipment for General Avi­ 66- 12, one comment voiced an objection ing must be less than 1 db. It was ation Aircraft, and Related Considera­ on the grounds that a determination of pointed out that this requirement is too tions) all transponder equipment must the performance characteristics of a restrictive to accommodate the variation be capable of meeting a minimum level transponder depend on the method by expected during temperature testing and of performance (although not necessar­ which it is tested. While the Agency it was recommended that the allowable ily those in this TSO) if airborne equip­ agrees that different levels of perform­ variation be changed to 2 db. The ment interference is to be avoided and ance may be obtained depending on the Agency considers that a maximum varia­ safe passage of an aircraft in the N a­ techniques and test equipment used, this tion of receiver sensitivity between modes tional Airspace System is to be realized. situation is not unique with respect to of 2 db is excessive when the equipment In this connection, the Agency proposed, transponders. Moreover, this could oc­ is operating at normal room temperature. among other things, the development of cur even though the TSO contained However, since it appears that the re­ "essential system characteristics” and standard test procedures. quirement would be difficult to meet “minimum performance standards” for There are many other areas where de­ over all of the temperature extremes ATC transponder equipment providing tail guidance for testing is not provided which may be encountered in service, an automatic altitude reporting capabil­ as part of the standard. As the Notice the Agency considers it appropriate ity. Essential system characteristics, as indicated, the standard is written for to provide some relaxation in the outlined in the Notice, are those the equipment manufacturers who certify standard. In this connection, the stand­ equipment must have if its operation is compliance with the TSO. These manu­ ard already provides an allowance in the not to impair the use of the airspace en­ facturers are considered qualified to test receiver sensitivity requirement for min­ vironment by others, nor create a haz­ and certify their equipment using test imum triggering level outside the tem­ ard. Minimum performance standards procedures ^ that they develop for this perature range of —15° C. and +40° C. are those the equipment must meet to purpose. It would, therefore, be consistent to allow insure acceptable accuracy for IFR oper­ A comment was received requesting a relaxation for the maximum variation ations in controlled airspace. These clarification of the Agency’s plans to of receiver sensitivity between modes characteristics and standards are still utilize Mode D. Although technical pa­ when operating beyond these tempera­ under development by the Agency and rameters have been defined and agreed to ture extremes. The proposal has been the matters raised by the subject com­ internationally in ICAO for Mode D type changed to provide that during tempera­ ments will be considered in developing of operations, no specific use has been ture testing the 2 db variation is allowed he necessary standards and character­ assigned for Mode D operation and the at temperatures below —15° C. and istics. When completed, they will be the Agency has no plans to use it. Mode D above +40° C. In a comment objecting to the pro­ subject of a separate notice of proposed is incorporated into the TSO for infor­ rule-making action. The present TSO posed requirement for repeated testing mation only. for spurious responses after each phase action is in no way indicative of the As proposed, the TSO contained a sec­ of environmental testing, it was pointed course of action that the Agency may tion entitled “Rating of Components” out that these tests are over and above

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 190 RULES AND REGULATIONS the testing done at normal room tem­ Mode 1 interrogations to generate sup­ during temperature testing the 0.4 mi­ perature and it was recommended that pression within the transponder. This crosecond variation is allowed at tem­ the requirement be deleted. The Agency causes unwanted dead time on the trans­ peratures below —15° C. and above agrees that if equipment is properly de­ ponder, reducing its capability to reply +40° C. signed and meets the spurious response to valid interrogations on other modes. The requirements of paragraph 2.13b standard under normal room tempera­ It was suggested that a reduction in the have been changed to make it clear that ture operating conditions, the proposed outer limit to +0.7 microsecond should the pulse spacing is measured leading- testing of the spurious responses under eliminate this possibility. The Agency edge to leading-edge at the half-voltage the environmental temperature extremes agrees that a reduction in the outer points. This method of measurement is is unnecessary. The proposal has been limits to +0.7 microsecond would reduce consistent with other parts of the stand­ revised accordingly. the amount of dead time in the trans­ ard. With respect to the special position As proposed, the standard requires only ponder and would provide improved identification pulse (S P I), the proposal Modes 3/A and C. A comment was re­ operations. The standard has been provided that when replying to Mode C ceived to the effect that since U.S. air­ changed to accommodate the suggested interrogation, the SPI pulse is included craft operating in international service reduction. in the reply train whenever the D4 pulse are required to be capable of responding As proposed, paragraph 2.6c of the is selected by the pressure altitude en­ to interrogations on Mode B, the TSO standard provides, in pertinent part, that coder. This provision was originally in­ should at least mention this requirement. the transponder must be suppressed with cluded in consideration of a possible The Agency sees merit in this recom­ 99 percent efficiency over the received international need. However, as a re­ mendation and an appropriate note has signal amplitude range from minimum sult of agreements reached by the Com­ been added to paragraph 2.4, Interroga­ triggering level to 50 db above that level. munications/Operations D ivisio n of tion. A comment was received to the effect that ICAO at a meeting in November 1966, The proposal concerning side-lobe sup­ the transponder must be suppressed with there will be no requirement to transmit pression (paragraph 2.5) would have 99 percent efficiency not only from the the SPI pulse whenever the D* pulse is continued in effect the current standards minimum triggering level to 50 db but selected by the pressure altitude encoder by requiring that all transponder equip­ also below that level. The Agency agrees for automatic altitude reporting in 100- ment provide three pulse side-lobe sup­ that such a requirement would reduce foot increments. Therefore, this provi­ pression (SLS) and by providing for the the probability that the transponder sion has been deleted from the proposed incorporation of two pulse SLS- capa­ would respond to a false signal and create standard. bility in addition to three pulse SLS at a false target. However, compliance Objection was made to the require­ the manufacturer’s option. The provi­ with such a requirement would be more ments of paragraph 2.13d of the stand­ sion concerning two pulse SLS would difficult to achieve and would impose an ard, pointing out that it is extremely have been retained on the assumption additional burden on the manufacturer. difficult to meet the pulse rise time limits that there would be an international Service experience has shown that the between 0.05 and 0.1 microsecond. The need for two pulse side-lobe suppression present requirement will achieve a satis­ comment states that essentially all new capability in a transponder. Subsequent factory level of performance and is con­ transponders use grid or cathode pulse to the issuance of/the Notice, however, sidered adequate by the Agency. transmitters which permit greater use of the Communications/Operations Divi­ In answer to a question concerning the solid state devices and provide better re­ sion of the International Civil Aviation intent of the proposed standard with re­ covery characteristics for the 1.45-micro­ Organization (ICAO) agreed, with the spect to increased dead time, it should second pulse spacing. These transmit­ support of the U.S. delegation, to dis­ be made clear that the proposed require­ ters nominally give rise times of 0.04 and continue the use of two pulse SLS and ment concerning dead time is a clarifi­ 0.05 microsecond which was previously to remove provisions relating to two pulse cation of the present requirement and permitted. The comment further indi­ SLS from the international standard. was established to accommodate mili­ cates that it can be shown mathemati­ Since the need for two pulse SLS capa­ tary users on the emergency reply. The cally that the significant portion of the bility did not materialize as anticipated, proposed revision permits an increase in spectrum does not change when the rise there is no longer any necessity for a dead time over that permitted under the time is faster than 0.05 microsecond if provision in this TSO relating to two current TSO for this application. the fall time approaches the outer limit. pulse SLS. For this reason and con­ A comment was made that delay varia­ As proposed by the Agency, the intent of sistent with the action being taken with tions between modes on which the trans­ the lower limit to pulse rise time and respect to the ICAO standards, reference ponder is capable of replying of less than pulse decay (fall) time specified in para­ to two pulse side-lobe suppression has or equal to 0.2 microsecond is too re­ graph 2.13d is to control spurious side­ been deleted from the standard. This strictive to accommodate the variation band radiation which could cause serious change imposes no additional burden on expected during variations in tempera­ interference to other electronic equip­ any person and manufacturers will still ture. It was recommended that this be ment in the aircraft or operating nearby. be required to meet only the standards changed to 0.4 microsecond during tem­ In response to this comment, the Agency applicable to three pulse side-lobe sup­ perature testing. The Agency considers considers it appropriate to provide that pression as proposed. However, with the that maximum delay variations of 0.4 the rise and decay time (0.05 microsec­ deletion of the provision for two pulse microsecond between modes on which the ond) may be less providing the sideband side-lobe suppression, there is no longer transponder is capable of replying are radiation is no greater than that which any need to specifically identify suppres­ excessive when the equipment is operat­ would be produced theoretically by a sion capability in terms of the pumber ing at normal room temperature. How­ trapezoidal wave having the stated rise of pulses. Therefore, the standard now ever, since it appears that the proposed and decay time. merely refers to “side-lobe suppression.” requirement would be difficult to meet A comment was received suggesting In addition, as proposed, the require­ over all of the temperature extremes that instead of requiring the transponder ment of section 2.6(a) (2) would have which may be encountered in service, the to be capable of transmitting all 11 in­ applied only in equipment designed to Agency considers it appropriate to pro­ formation pulses, the standard should be operate with two pulse SLS. However, vide some relaxation in the requirement. revised to specify that this requirement this was an inadvertent change from the In this connection, the standard already be made a function of the altitude ceil­ current requirements and would have provides an allowance in the receiver ing of the equipment. It was not in­ imposed an undue burden on manufac­ sensitivity requirement for minimum tended that equipment have a capability turers. Therefore, the final standard triggering level outside the temperature of transmitting all 11 information pulses has not been changed as proposed and range of —15° C. and +40° C. It would, and the Agency concurs in this comment. the regulation is the same as the current therefore, be consistent to allow a relaxa­ The proposal has been changed to re­ requirement. A comment pointed out that in the tion for the maximum delay variation quire that the equipment have the capa­ proposed standard, side-lobe suppres­ between modes when operating beyond bility of transmitting only those infor­ sion decoding is permissible out to 3 these temperature extremes. The pro­ mation pulses necessary for operation up microseconds, which allows military posal has been changed to provide that to its design maximum altitude.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 191

A comment was received objecting to graph, the requirement is based on the (1) Temperature-altitude category. the requirements of paragraphs 2.15 and assumption that there is a transmission (ii) Vibration category. 2.16 which refer to probable malfunc­ line loss of 3 db. Thus, if the transmis­ (iii) Audiofrequency magnetic field tions of the monitor and the self-test fea­ s io n line loss exceeds 3 db, the power out­ susceptibility category. ture. The comment points out that any put must be adjusted accordingly. Since (iv) Radiofrequency susceptibility malfunction that could possibly occur is this was not clearly set forth in the pro­ category. a probable .malfunction and that it is posal, a new subparagraph has been (v) Emission of spurious radiofre­ important to protect against malfunc­ added providing the necessary clarifica­ quency energy category. tions that are reasonably probable. The tion. (vi) Explosion category. Agency concurs that protection against As proposed, the standard required se­ (2) Equipment intended for installa­ all probable malfunctions would be un­ lection of Modes 3/A and/or G. How­ tion in aircraft that operate at altitudes reasonable and exceeds the state of the ever, the Agency is now aware that the above 15,000 feet must be identified on art. The Agency believes that the phrase National Airspace System design will not the nameplate as Class I equipment. “likely to occur” more appropriately ex­ accept transponder Mode C replies unless (3) Equipment intended for installa­ presses the intent of these paragraphs they are associated with Mode 3/A re­ tion in aircraft that operate at altitudes and achieves the objective of the com­ plies. The proposal has been revised to not exceeding 15,000 feet must be identi­ ment. The proposal has been revised require selection of Mode 3/A or Modes fied on the nameplate as Class II equip­ accordingly. 3/A and C. ment. A typical nameplate identifica­ With respect to paragraph 2.17 con­ Other changes of an editorial or clari­ tion follows: “Env. Cat. DBAAAX Class cerning the equipment antenna, a com­ fying nature have been made to the TSO I/* ment noted that the antenna require­ as proposed. They are not substantive (4) Where a manufacturer desires to ment is appropriate only if it may be as­ and do not impose any additional burden substantiate his equipment in dual cate­ sumed that any tests required of the on regulated persons. gories for one environment, the name­ antenna are made considering the an­ Interested persons have been afforded plate must be marked with both cate­ tenna as an independent component op­ the opportunity to participate in the gories in the space designated for that erated on a specified ground plane, since making of this amendment. All rele­ category by placing one letter above the the antenna radiation pattern is entirely vant material submitted has been fully other in the following manner: dependent on the characteristics of both considered. the antenna and ground plane in combi­ (Secs. 313(a), 601, Federal Aviation Act of A nation. The Agency agrees that the an­ 1958; 49 U.S.C. 1 3 5 4 (a), 1421) “Env. Cat. DBAAX Class I.” tenna radiation pattern is dependent on the performance of both the antenna and In consideration of the foregoing, (5) Each separate component of ground plane combination used in con­ § 37.180 of Part 37 of the Federal Avia­ equipment (antenna, power supply, etc.) ducting the tests. Under paragraph 2.17 tion Regulations is amended to read as must be identified with at least the name the antenna is not required to be in­ hereinafter set forth, effective February of the manufacturer, the TSO number, stalled on the aircraft and the manufac­ 10,1967. and the environmental categories over which the equipment component is de­ turer may select any suitable ground Issued in Washington, D.C., on Decem­ signed to operate. plane which would provide optimum per­ ber 30, 1966. formance for his antenna in conducting (c) Data requirements. In accord­ these tests. The requirement is reason­ C . W . W a l k e r , ance with § 37.5, the manufacturer able and is not difficult to meet if com­ Director, Flight Standards Service. must furnish to the Chief, Engineering monly accepted design practices are § 37.180 Airborne ATC transponder and Manufacturing Branch, Flight followed. equipment— TSO—C7 4a. Standards Division, Federal Aviation Agency, in the region in which the Commenting on the emission of spuri­ (a) Applicability. This technical ous radio frequency energy requirement manufacturer is located, the following standard order prescribes the m in im u m contained in Appendix A of the FAA technical data: performance standards that ATC trans­ document “Environmental Test Proce­ (1) Six copies of the operating in­ ponder equipment must meet in order to structions and equipment limitations of dures for Airborne Electronic Equip­ be identified with the applicable TSO ment”, it was pointed out that as stated the manufacturer. marking. New models of equipment that (2) Six copies of the installation pro­ m the Appendix, any energy radiating are to be so identified, and that are on the selected transmitter frequency cedures with applicable schematic draw­ manufactured on or after February 10, ings, wiring diagrams, and specifications, ±50 percent of the band of frequencies 1967, must meet the requirements of the between adjacent channels is not in­ and a listing of components (by part “Federal Aviation Agency Standard, Air­ number) or possible combinations cluded in the requirements. In this con­ borne ATC Transponder Equipment,” text, the commentator requests to be thereof, which make up a system comply­ set forth at the end of this section and ing with this TSO. Indicate any limita­ advised concerning this band of fre­ the FAA document for Environmental quencies for a single channel device such tions, restrictions, or other conditions Test Procedures for Airborne Electronic pertinent to the installation. as the transponder and indicates that Equipment, set forth in TSO-C87, effec­ exclusion of a band of frequencies around (3) One copy of the test report of the tive February 1, 1966 (30 F.R. 15553, Dec. manufacturer. - . the 1090-Mc transmitter frequency is 17,1965). (d) Previously approved equipment. necesssary since it is extremely difficult (b) Marking. (1) In addition to the Airborne ATC transponder equipment to contain this energy at the power levels markings specified in § 37.7, the equip­ required in the transponder.. In response ment must be marked to indicate the approved prior to February 10,1967, may to this comment, it is noted that-DME environmental extremes over which it continue to be manufactured under the channels are reserved above 1083 Me and has been designed to operate. There are provisions of its original approval. below 1094 Me to provide protection for six environmental procedures outlined in Federal Aviation Standard the secondary surveillance radar (SSR) the FAA document for Environmental system. Based on this protection plan, Test Procedures for Airborne Electronic AIRBORNE ATC TRANSPONDER EQUIPMENT tne next adjacent channel to the ATC Equipment, that have categories estab­ transponder transmitter is 1094 Me. For 1.0 General standards— 1.1 Operation of lished. These must be identified on the Purposes of meeting the emission of spu- controls. The design of the equipment must nameplate by the words “Environmental be such that the controls intended for use nous radio frequency energy require- Categories” or, as abbreviated, “Env. during flight cannot be operàted in any pos­ ents, the next adjacent channel would Cat.” folowed by six letters which identify sible position combination, or sequence that be considered 4.0 Me from the 1090-Mc would result in a condition detramental to the categories designated. Reading from requency of the transponder trans­ to the continued performance of the equip­ mitter. left to right, the category designations ment. Controls that are not normally ad­ Paragraph 2.11a of the proposal con- must appear on the nameplate in the justed in flight must not be readily accessible ams the power output requirements for in flig h t. following order, so that they may be 1.2 Operating controls. In addition to transponders. As stated in that para- readily identified: such other operating controls as are neces-

No. 32------2 FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 192 RULES AND REGULATIONS sary, controls must be provided to accom­ (3) The received amplitude of a properprovided. The range of this control must plish the following functions: interrogation is more than 10 db above the permit adjustment of the reply rate to any a. Selection of reply codes. received amplitude of random pulses where value between 500 replies per second and the b. Selection of “standby” condition. the latter are not recognized by the trans­ maximum rate of which the transponder is c. Selection of Mode 3/A only and Modes ponder as Plt Ps, or Ps. capable, or 2,000 replies per second, which­ ever is the lesser, without regard to the 3/A a n d C com b in ed . b. Conditions under which transponder d. Activation of identification feature. must not reply. Over the signal amplitude number of pulses in each reply. Sensitivity reduction in excess of 3 db must not take 1.3 Effects of test. Unless otherwise from the minimum triggering level to 50 db stated, the design of the equipment must be above this level, the transponder must not effect until 90 percent of the selected reply such that the application of the specified reply tp more than 10 percent of the inter­ rate is exceeded. The sensitivity must be tests produces no discernible condition that rogations under either of the following reduced by at least 30 db when the rate ex­ would be detrimental to the continued per­ conditions : ceeds the selected value by 50 percent. 2.8 formance of equipment manufactured in (1) The interval between interrogation Transponder reply rate capability. a. For equipment intended for installation in accordance with such design. pulse P, and P, differs from the specified aircraft that operate at altitudes above 15,000 2.0 Minimum performance standards un­ spacing for the particular mode setting by feet (Class I), the reply rate capability must der standard conditions. The test condi­ more than ±1.0 microsecond. be a t least 1,200 rep ly groups per second for a tions and definitions of terms applicable to (2) The interrogations consist of single a determination of the performance of air­ pulses. However, this does not apply to 15-pulse coded reply. b. For equipment intended for installation borne ATC transponder equipment are set those combinations of single pulses that in aircraft that operate at altitudes not ex­ fo rth in A p p e n d ix A. occur at the selected interrogation spacing 2.1 Receiver operating frequency and or to single pulses that have amplitude ceed in g 15,000 fe e t (C lass I I ) , th e rep ly rate bandwidth, a. The receiver nominal center variations approximating a normal inter­ capability must be at least 1,000 reply groups per second for a 15 pulse coded reply. fre q u en c y m u st be 1030 M e. rogation condition. b. With an input signal level 3 db above c. Side-lobe suppression. The transponder 2.9 Transponder reply code capability. the minimum triggering level, the receiver must be suppressed for a period of 35 ±10 Transponders must provide the following bandwidth must be such that the receiver microseconds following receipt of a pulse code c a p a b ility : accepts pulses as outlined in Appendix A with pair of proper spacing and amplitude indica­ a. Framing pulses (see par. 2.13a.). b. Information pulses in all combinations an interrogation center frequency drift of tive of side-lobe interrogation. This sup­ of the A, B, C, and D subscript groups, to ± 0 .2 M e. pression action must be capable of being c. The skirt bandwidth must be such that reinitiated for the full duration within 2 create 4096 codes (see par. 2.13b.). the sensitivity of the receiver is at least microseconds after the end of any suppres­ c. Special position identification pulse 60 db down at ±25 Me and beyond. sion period. The transponder must be sup­ (SPI) (see par. 2.13c.). 2.10 Reply transmission frequency. The 2.2 Receiver Sensitivity, a. T h e sensi­ pressed with 99 percent efficiency over the center frequency of the reply transmission tivity of the receiver must be such that the received signal amplitude range from mini­ minimum triggering level is at least —72 mum triggering level to 50 db above that m u st b e 1090 ± 3 M e. 2.11 Transmitter power output, a. For dbm but not greater than —80 dbm at not level and upon receipt of properly equipment intended for installation in air­ less than 90 percent transponder efficiency as spaced interrogations when the received craft which operate at altitudes above 15,000 measured at the equipment antenna amplitude of P2 is equal to or in excess of the feet (Class I), the transmitter power (peak term in al. received amplitude of Px and spaced 2.0±0.15 pulse) must be between 24 and 30 db above b. W ith the transponder adjusted to com­ microsecond from P1. 1 watt at the transponder antenna terminal ply with paragraph a., the random triggering 2.7 Transponder discrimination and de­ at any reply rate up to 1,200 per second for a rate (squitter) must not be greater than five sensitization— a. Pulse width discrimination. 15-pulse coded rep ly. T h is standard assumes reply pulse groups or suppressions per sec­ Received signals of amplitude between m ini­ a transmission line loss of 3 db. ond averaged over a period of at least 30 mum triggering level and at least 6 db above b. F ot equipment intended for installation seconds. this level, and of a duration less than 0.3 in aircraft which operate at altitudes not c. Variation of sensitivity of the receiver microsecond, must not cause the transponder ex ceed in g 15,000 fe e t (C lass I I ) , th e trans­ between any mode on which it is capable of to initiate more than 10 percent reply or mitter power (peak pulse) must be between operating must be less than 1 db. suppression action. With the exception of 20 and 28.5 db above 1 watt at the trans­ d. The standards of this section assume pulses having amplitude variations approxi­ p on der a n ten n a term in al a t a n y rep ly rate up that the transmission line loss is 3 db and mating a normal Interrogation or suppression to 1,000 p er second fo r a 15-pulse coded reply. that a matched resonant, monopole antenna pulse pair condition, any pulse of a duration This standard assumes a transmission line mounted on a large flat highly conductive more than 1.5 microseconds must not cause lors o f 1.5 db. ground plane is employed. In the event that the transponder to initiate reply or suppres­ sion action over the signal amplitude range c. In the event that the assumed trans­ these assumed conditions do noV apply, the mission line losses specified in subparagraphs equipment must be adjusted as necessary to from the minimum triggering level to 50 db a. and b. of this paragraph do not apply, provide a sensitivity equivalent to that spec­ above t h a t level. / b. Echo suppression and recovery— (1 ) the equipment must be adjusted as neces­ ified. sary to provide a transmitter power output 2.3 Spurious responses. All spurious re­ Echo suppression desensitization. U p on re ­ equivalent to that specified. sponses, including response to image fre­ ceipt of any pulse more than 0.7 microsecond in duration (desensitization pulse), the re­ 2.12 Reply delay and fitter, a. T h e time quencies, must be such that the response to delay between the arrival, at the transponder such signals is at least 60 db down from the ceiver must be desensitized by an amount that is within at least 9 db of the amplitude input, of the leading edge of P3, and the normal sensitivity of the receiver. transmission of the leading edge of the 2.4 The equipment must of the desensitizing pulse but must at no Interrogation. first pulse of the reply must be 3±0.5 micro­ accept and reply to interrogations on at time exceed the amplitude of the desensitiz­ ing pulse except for overshoot during the seconds. least Modes 3/A and C. b. The jitter of the reply pulse code group N ote: Interrogation Modes B and D as de­ first microsecond following the desensitizing with respect to P, must not exceed ±0.1 fined in Figure 1 have been agreed upon pulse. (2 ) Recovery. Following desensitization, microsecond for receiver input levels between internationally and their use may be speci­ 3 and 50 db above the minimum triggering fied for certain flight operations. These the receiver must recover sensitivity (within level. modes may be provided as optional features 3 db of minimum triggering level) within c. Delay variations between modes on on transponder equipment. 15 microseconds after reception of a de­ which the transponder is capable of reply­ 2.5 Side-lobe suppression. T h e e q u ip ­ sensitizing pulse having a signal strength up to 50 db above minimum triggering level. ing must not exceed 0.2 microsecond. ment must provide side-lobe suppression. 2.13 Reply transmission pulse character­ 2.6 Decoding performance, a. Conditions Recovery must be nominally linear at an istics— a. Framing pulses. The reply func­ under which transponder must reply. When average rate not exceeding 3.5 db per micro­ second. tion must employ a signal comprising two selected to reply to a particular interrogation fra m in g pulses spaced 20.3 microseconds (3 ) Narrow pulses. Single pulses of dura­ mode, and with a signal amplitude range measured leading-edge to leading-edge at tio n less th a n 0.7 m icrosecon d m u st n o t cause from the minimum triggering level to 50 db half-voltage points, as the most elementary above that level, the transponder must reply desensitization of duration or amount greater than that permitted in subparagraphs (1) code. to at least 90 percent of the interrogations b. In fo rm a tio n pulses o r (2 ). In fo rm a tion pulses. when all of the following conditions are met: c. Dead tim e. After reception of a proper spaced a t In terva ls o f 1.45 microseconds (1) Either the received amplitude of P t is interrogation, the transponder must reply measured leading-edge to leading-edge at the in excess of a level of 9 db above the received * to no other interrogation for the duration half-voltage points with the first pulse posi­ amplitude of P* or no pulse is received of the reply pulse train. This dead time tio n e d 1.45 m icrosecon ds a fte r th e first fram ­ m u st en d n o la te r th a n 125 m icroseconds 2 ± 0.7 m icrosecon d fo llo w in g p r ing pulse must be provided. The designa­ after the transmission of the last reply pulse tion o f these pulses and their position with (2) The received amplitude of Ps is in ex­ o f th e group. cess of a level of 1 db below the received d. Reply rate control. A sensitivity- respect to the first framing pulse is as fol- amplitude of Pr reduction type reply rate control must be lo w s:

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 193

Pulse Position (microseconds) on the antenna transmission line by the (2) Following the temperature variation C i ------1.45 an ten n a m u st n o t exceed 1.5 : 1 w h en op era t­ test, the requirement of paragraph 2.17 must A i ------2.90 ing on the radio frequencies of 1030 and b e m et. O2 — ------.------_ 4. 35 1090 M e. 3.2 H um idity. The equipment must be A 2 ______5.80 2.18 Interference suppression pulse re­ tested in accordance with paragraph 5 of C4 ...... 7.25 sponse. If the equipment is designed to FAA Environmental Test Procedures. After A, ...... 8.70 accept and respond to suppression pulses subjection to this test, and X 1 ______10.15 from other electronic equipment in the air­ a. Within 15 minutes from the time pri­ B a ______11.60 craft ( to disable it while the other equipment mary power is applied, the receiver sensi­ D i ___ - ______=.____ 13.05 is transm itting), the equipment must regain tivity must be within 3 db of that specified B a ______14.50 normal sensitivity, within 3 db, not later in paragraph 2.2 and the transmitter power D a ____ :______15.95 than 15 microseconds after the end of the output must be within 3 db of that specified B4 ______17.40 applied suppression pulse. in p aragraph 2.11. D4 ______18.85 3.0 Minimum performance standards un­ b. Within 4 hours from the time primary der environmental conditions. Unless other­ power is applied, the standards of paragraphs 1 The X pulse is referenced here for possible wise specified herein, the environmental test 2.1 a. an d b.; 2.2; 2.10; 2.11; an d 2.17 m ust future use. procedures applicable to a determination of be m et. Note: Details and nomenclature of the the performance of airborne ATC transponder 3.3 Shock. The equipment must be tested transponder reply pulse codes are set forth equipment under environmental conditions in accordance with paragraph 6 of FAA En­ in Appendix A. are contained in the FAA document for En­ vironmental Test Procedures. vironmental Test Procedures for Airborne - a. Following -the application of the 6G c. Special position identification pulse Electronic Equipment set forth in TSO-C87 shocks, the standards of the following para­ (SPI). In addition to the information (30 F.R. 15553), hereafter referred to as FAA graphs must be .met: 2.1a.; 2.2; 2.6a.(l); pulses provided, a special position identifica­ Environmental Test Procedures. 2.6c.; 2.7b.; 2.7c.; 2.10; 2.11; 2.12; 2.13c.; tion pulse, which may be used with any of 3.1 Temperature-altitude. T h e e q u ip ­ 2.13d.; 2.13e.; and 2.17. the other information pulses upon request, ment. must be tested in accordance with b. Following the application of the 15G must be provided at a spacing 4.35 microsec­ paragraph 4 of FAA Environmental Test Pro­ shocks, the equipment; must have remained onds following the last framing pulse. When cedures for the category to which the trans­ in its mounting and no parts of the equip­ replying to any mode of interrogation to ponder is designed. ment or its mounting become detached and which the transponder is capable, except a. Low temperature. (1) When the equip­ free of the shock test equipment. Mode C, the selection of the SPI pulse must ment is subjected to this test, the standards ote The application of the 15G shock be initiated by an IDENT switch. Upon ac­ N : of the following paragraphs must be met: test may result in damage to the equipment. tivation of the IDENT switch, the SPI pulse 2.1a; 2.2, excep t th a t a t tem p eratu res below Therefore, this test may be conducted after must be transmitted for a period between 15 — 15° C, the sensitivity must not be less than the other tests are completed. and 30 seconds and m u st be rep eatab le a t a n y time. —69 dbm and the variation of sensitivity of 3.4 Vibration. The equipment must be the receiver between any mode on which it tested in accordance with paragraph 7 of d. Reply pulse shape. All reply pulses and is capable of operating must be less than 2 FAA Environmental Test Procedures for the SPI pulses must be 0.45 ±0.10 microsecond in db; 2B a(l); 2.6b(l); 2.6c; 2.7b; 2.7c; 2.10; category to which the transponder is duration and have rise times of from 0.05 to 2.11; 2.12, excep t th a t a t tem p eratu res Ibelow designed. 0.1 microsecond and decay times of from 0.05 — 15° C the delay variation between modes a. When the equipment is subjected to to 0.2 microsecond. The pulse amplitude on which the transponder is capable of re­ this test, the standards of the following variation of one pulse with respect to any plying must be less than 0.4 microsecond; paragraphs must be met:'2.1a.; 2.2; 2.6a.(l); other pulse in a reply train must not exceed 2.13c; 2.13d; and 2.13e. 2 .6 b .(l); 2.6c.; 2.7b.; 2.7c.; 2.10; 2.11; 2.13c.; 1 db. The rise and decay time may be less (2) Following the low temperature test, 2.13d.; und 2.13e. providing the sideband radiation is no great­ the requirements of paragraph 2.17 must be b. Following the vibration test, the re­ er than that which would be produced the­ m et. quirements of paragraph 2.17 must be met. oretically by a trapezoidal wave having the stated rise and decay time. b . High temperature. (1) When the 3.5 Power input. The equipment must be equipment is subjected to the high operating tested in accordance with paragraph 9 of e. Reply pulse spacing tolerances. T h e temperature, the standards of the following FAA Environmental Test Procedures. pulse spacing tolerances for each pulse (in­ paragraphs must be met: 2.1a; 2.2, except a. Power input variation. W h e n th e cluding the last framing pulse) with respect that at temperatures above +40° C, the equipment is subjected to the voltage and to the first framing pulse of the reply group sensitivity must not be less than —69 dbm frequency variation test set forth in para­ must be ±0.10 microsecond. The pulse spac­ and the variation of sensitivity of the re­ grap h 9.1 o f F A A E n viro n m en ta l T e s t P r o ­ ing tolerance of the special position identifi­ ceiver between any mode on which it is cedures, the standards of the following para­ cation pulse with respect to the last framing graphs .must be met: 2.1a.; 2.2; 2.6a.(l); pulse of the reply group must be ±0.10 m i­ capable of operating must be less than 2 db; 2.6a(l); 2.6b(l); 2.6c; 2.7b; 2.7c; 2.10; 2 . 6 b .(l); 2-6c.; 2.7b.; 2.7c.; 2.10; 2.11; 2.12; crosecond. The pulse spacing tolerance of 2.11; 2.12, excep t th a t a t tem peratu res above 2.13c.; 2.13d.; an d 2.13e.' any pulse in the reply group with respect to +40° C the delay variation between modes b. Low voltage. (1) When the equipment any other pulse (except the first framing is subjected to the test specified in paragraph pulse) must be no more than ±0.15 micro­ on which the transponder is capable of re­ second. plying must be less than 0.4 microsecond; 9.2a. of FAA Environmental Test Procedures 2.13c; 2.13d; and 2.13e. it must operate electrically and mechanically. 2.14 Pressure-altitude transmission. 77 (2) Following the high temperature test, Degradation of performance is permissible. equipment must have the capability for auti the requirements of paragraph 2.17 must (2) When the equipment is subjected to matic pressure-altitude transmission in 1(X be m et. the test specified in paragraph 9.2b.(l) of foot increments on Mode C when operated J c. A ltitu de. (1) When the equipment is FAA Environmental Test Procedures, the wttb. a pressu re-altitu d e encod< subjected to this test, the standards of the' standards o f paragraphs 2.1 a. an d b.; 2.2; (digitizer). The equipment must be capab following paragraphs must be met: 2.1a. 2.10; a n d 2.11 m u st be m et. °r automatic reply to Mode O interrogatioi a n d b.; 2.10; 2.11; an d 2.13d. (3) When the equipment is subjected to combinations of information pulsi (2) Following the altitude test, the re­ the test specified in paragraph 9.2b.(2) of coded in binary form in 100-foot incremen quirements of paragraph 2.17 must be met. FAA Environmental Test Procedures, there necessary for the equipment to operate t d. Temperature variation. T h e eq u ip ­ must be no evidence, external to the equip­ to design maximum altitude. Automat ment must be tested in accordance with ment, of the presence of fire or smoke. pressure altitude transmission codes puli paragraph 8 of FAA Environmental Test N ote: The application of this test may position assignment are set forth in A] pendix A. Procedures. result in damage to the equipment. There­ (1) When the equipment is subjected to fore, this test may be conducted after the 2.15 M onitor. If a monitor is provide this test, the standards of the following other tests are completed. ny malfunction that is likely to occur mUi paragraphs m u st b e m e t: 2.1a; 2.2, ex cep t 3.6 Conducted voltage transient. T h e °0 degrade the transponder operation. that at temperatures below —15° C and equipment must be tested in accordance Self-test. If a self-test feature above +40° C, the sensitivity must not be with paragraph 10 of the FAA Environmental provided, any malfunction that is likely 1 less th a n — 69 d b m an d th e v a ria tio n o f Test Procedures. When the equipment is operatiem*8*1 n°^ degrade the transpondi sensitivity of the receiver between any mode subjected to this test, the standards of para­ on which it is capable of operating must grap hs 2.1 a. an d b.; 2.2; 2.10; an d 2.11 m ust rorti1!« Anienna. The equipment antenr be less than 2 db; 2.6a(l); 2.6b(l); 2.6c; be m et. s ® pattern must be predominant: 2.7b; 2.7c; 2.10; 2.11; 2.12, excep t th a t a t 3.7 Conducted audiofrequency suscepti­ vertically polarized and be essentially omn temperatures below —15° C and above +40° bility. The equipment must be tested in directional in the horizontal plane with C, the delay variation between modes on accordance with paragraph 11 of FAA Envi­ nominal vertical beamwidth of at least ± i which the transponder is capable of reply­ ronmental Test Procedures. When the equipment is subjected to this test, the egrees from the horizontal plane. The voli ing must be less than 0.4 microsecond; 2.13c; standards o f paragraphs 2.1 a. an d b.; 2.2; age standing w ave ra tio (V S W R ) produce 2.13d; and 2.13e. 2.10; and 2.11 m u st be m et.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 194 RULES AND REGULATIONS

3.8 Audiofrequency magnetic field sus­ erly aligned and otherwise adjusted in ac­ M ode 3/A ------8±0.2 microseconds. ceptibility. The equipment must be tested cordance with the manufacturer’s recom­ M o d e B ______17 ±0 .2 microseconds. In accordance with paragraph 12 of FA A mended practices prior to the application of M ode C ------21 ± 0 .2 microseconds. Environmental Test Procedures. When the the specified tests. M ode D ______25 ±0 .2 microseconds. equipment is subjected to this test, the d. Test instrument precautions. D ue p re­ The interval between P* and P2 when P2 is standards o f paragraphs 2.1 a. and b.; 2.2; cautions must be taken during the conduct of used, must be 2.0±0.15 microseconds. 2.10; an d 2.11 m u st be m et. the tests to prevent 'the introduction of er­ Pulse shape. The pulse envelope as detec­ 3.9 Radiofrequency susceptibility (radi­ rors resulting from the improper connection ted by a linear detector must have a shape ated and conducted). The equipment must of headphones, voltmeters, oscilloscopes, and falling within the following limits: be tested in accordance with paragraph 13 other test instruments across the input and (1 ) Pulse Use time. The time required for of FAA Environmental Test Procedures. output impedances of the equipment under tpe leading edge of pulses Px, P2, and P3 to When the equipment is subjected to this test. rise from 10 to 90 percent of its maximum e. Unless otherwise test, the standards of paragraphs 2.1 a. and Ambient conditions. voltage amplitude must be between 0.05 and b.; 2.10; and 2.11 m ust b e m et. specified, all tests must be conducted under 0.1 m icrosecond. conditions of ambient room temperature, 3.10 Emission of radiofrequency energy. (2 ) Pulse fall time. The time required for pressure and humidity. ‘However, the room The equipment must be tested in accordance the trailing edge of pulses Px, P2, and P* to with Appendix A of FAA Environmental Test temperature must not be lower than 10° C. fall from 90 to 10 percent of its maximum f . Unless o th e rw is e Procedures for the category to which the Warm-up period. voltage amplitude must be between 0.05 and transponder is designed. In addition to the specified, all tests must be conducted after 0.2 m icrosecond. maximum levels of radiated GW, broadband a warm-up period of not less than fifteen (3 ) Pulse duration. T h e du ration o f pulse and pulsed CW interference between the (15) minutes. Pt. Pj, and Ps must be 0.8±0.1 microsecond g. Unless otherwise spec­ lim its o f 0.1 and 1000 m egacycles th ere sp eci­ Connected load. measured at the half-voltage points. fied, the maximum levels of radiated CW, ified, all tests must be performed with the i. Code nomenclature. The code designa­ equipment connected to loads having the im ­ broadband and pulsed GW interference be­ tions consist of four digits each of which lies pedance value for which it is designed. tw e en th e fre q u en c y lim its o f 1000 and 2500 between 0 and 7, inclusive, and consist of the h. Interrogation test signal. The charac­ megacycles are limited to those shown in sum of the numerical subscripts of the pulse F igu res 20, 21, 22. an d 23 fo r 1000 m ega ­ teristics of the interrogation test signal are: employed as follows: cycles for the category to which the trans­ Radiofrequency. The frequency of the ponder is designed. signal generator oscillator must be 1030 me Pulse 3.11 Explosion (if required). The equip­ ±0.01 percent. D igit group ment must be tested in accordance with CW ou tpu t. CW output between pulses F irst ______A paragraph 14 of FAA Environmental Test must be at least 60 db below the peak level Second ______B Procedures. During the application of this of the pulses. T h ird ...... ______C F o u rth ______D test, the equipment must cause no detona­ Interrogation. The interrogation must tion of the explosive mixture within the test consist of two transmitted pulses designated Examples. cham ber. Pt and P... When providing side-lobe sup­ 1. C ode 3600 consists o f in fo rm a tio n pulses A PPE N D IX A pression the basic interrogation is supple­ A ,, A j, B-, B 4. mented by pulse P2 transmitted after Pr 2. C ode 2057 consists o f A s, Cv C4, D1, D.. 1.0 Test conditions. The following def­ The amplitude of P. “must not be more than , . initions of terms and conditions of test 1 db below the radiated amplitude of P1. D‘-j. Minimum triggering level (MTL). are applicable to the ATC transponder equip­ Pulse coding. The interval, measured Means the lowest level of signal to which the m ent. leading-edge, to leading-edge at half voltage transponder will reply to 90 percent of the a. Power input voltage—Direct current. points, between P t and P,, is as follows: received interrogations. Unless otherwise specified, when the equip­ ment is designed for operation from a direct ATCRBS INTERROGATION MODES current power source, all measurements must be conducted with the power input MODE APPLICATION CHARACTERISTIC vo lta g e ad ju sted to 13.75 volts, ± 2 p ercen t —- Sfitte -» fo r 12—14 v o lt eq u ip m en t, or to 27.5 volts, 3/A COMMON (ATC) ±2 percent for 24-28 volt equipment. The JTn___n input voltage must be measured at the \7pêtc equipment power input terminals. _____ (not ftEQumco B CIVIL (ATC) J l k J l b. Power input voltage—Alternating cur­ rent. Unless otherwise specified, when the 21 fitte equipment is designed for operation from C CIVIL (ALTITUDE) i l an alternating current power source, all -QK tests must be conducted with the power in­ 2 5 ¿/sec put voltage adjusted to design voltage ±2 D CIVIL (UNASSIGNED) J l h . j t percent. In the case of equipment designed P . P . for operation from a power source of es­ sentially constant frequency (e.g., 400 cpe), the input frequency must be adjusted to de­ TRANSPONDER REPLY CODES sign ±2 percent. In the case of equipment designed for operation from a power source nnnnnn nnn n r u i i ____n. l o f va riab le fre q u en c y (e.g., 350 to 1000 c p s ), I tests must be conducted with the input LEAoÎSTeooE IO 0 14* i » 4.35 SA 7.2» *.7. »39 « . « 130« >4» » » » 17.4 J9.9S M l 2 ««» frequency adjusted to within 5 percent of a LEADING EME selected frequency within the _ range for which the equipment is designed. nomenclature or eut se» f# c, a( ef *t c, a4 * b, d( d, ot b4 ** c. Adjustment of equipment. The circuits of the equipment under test must be prop- Figure 1. ATCRBS, Interrogation M odes and R eply Codes.

FEDERAL REGISTER, VOL. 32, NO. 5-^-TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 195

F igure 2. Altitude T ransmission Code.

[F.R. Doc. 67-176; Filed, Jan. 9,1967; 8:45 a.m.]

that subject to the general regulations agreement by the person from whom the Title 31— MONEY AND applicable to the receipt of bullion depos­ tenderer of the silver acquired it that its at the mints and assay offices, silver such records will be kept may be required. FINANCE: TREASURY will be received at the mints and assay The regulations are as follows: offices for purchase at the price of $1.25 Sec. Chapter I— Monetary Offices, Depart­ per fine troy ounce less mint charges 81.01 Scope. ment of the Treasury provided the silver meets the require­ 81.02 D efin ition s. ments of the Act in that it has been 81.03 Form s. PART 80— NEWLY-MINED DOMESTIC mined or is the equivalent of silver mined 81.04 Revocation or modification. SILVER REGULATIONS OF ULY 6, subsequent to the date of enactment of 81.05 S ilv er w h ich w ill be received. the Act from natural deposits in the 81.06 C ertificates. 1939, AS AMENDED 81.07 Evidence which may be required. United States or any place subject to the 81.08 Records. PART 81— NEWLY-MINED DOMESTIC jurisdiction thereof within 1 year preced­ 81.09 R eports. SILVER REGULATIONS OF 1965 ing the date such silver is tendered to the 81.10 Agreement relating to records. mint or assay office. 81.11 S e ttlem en t fo r silver delivered. PART 93— OFFICE OF DOMESTIC The regulations require persons ten­ A u t h o r it y : The provisions of this Part 81 GOLD AND SILVER OPERATIONS dering silver to a U.S. mint or assay of­ issued u n der secs. 104, 107, P.L. No. 89-81, PROCEDURES AND DESCRIPTIONS fice under section 104 of the Coinage Act approved July 23, 1965, 79 S tat. 255. OF FORMS of 1965 to furnish evidence concerning its eligibility for purchase thereunder as § 81.01 Scope. Conditions for Purchase of Newly- follows: The regulations in this part relate to Mined Domestic Silver (a) A certification with each such de­ the receipt by the U.S. mints and assay livery that the requirements of the Act offices, pursuant to the provisions of sec­ 1. Part 80 of Chapter I of Title 31 en­ have been met together with a support­ tion 104 of the Coinage Act of 1965, P.L. titled “Newly-Mined Domestic Silver ing miner’s certificate; 89-81, of silver mined in the United Regulations of July 6,1939, as amended,” (b) Monthly reports covering all States or any place subject to the juris­ is deleted from the Code of Federal Reg­ transactions in newly mined domestic diction thereof. ulations. The statutory authority under silver; and § 81.02 Definitions. which it was issued has been repealed. (c) Such other evidence as may be 2. The following new Part 81 of Chap­ required by the Office of Domestic Gold As used in this part, the term “person” ter I of Title 31, “Newly-Mined Domestic and Silver Operations. means an individual, partnership, as­ Silver Regulations of 1965” is issued. In addition persons delivering silver to sociation, or corporation. The authority These regulations prescribe the require­ a mint or assay office under section 104 conferred in the regulations in this part ments to be observed in connection with of the Coinage Act of 1965 will be re­ upon a U.S. mint or assay office is con­ the sale to the U.S. mints and assay of­ quired to keep records of all acquisitions ferred upon the person locally in charge fices, as provided in section 104 of the and dispositions of newly mined domestic of such mint or assay office, acting in ac­ cordance with the instructions of the Coinage Act of 1965, P i . 89-81 approved silver, such records to be available for July 23, 1965, of newly mined domestic Secretary of the Treasury or his delegate. silver. inspection by a representative of the § 81.03 Forms. In accordance with the provisions of Treasury-Department for a period of 5 section 104 of the Coinage Act of 1965, years after the transactions to which Any form, the use of which is pre­ the regulations set forth below provide they relate. In appropriate cases, an scribed in this part, may be obtained at

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 1% RULES AND REGULATIONS or on written request to any U.S. mint and disposed of. Such records shall be mined domestic silver pursuant to section or assay office or at the Office of Do­ available for examination by a repre­ 104 of the Act of July 23, 1965 (see Part mestic Gold and Silver Operations, sentative of the Treasury Department 81 of this chapter). Treasury Department, Washington, D.C. until the end of the fifth calendar year (a) Form TSA-100: Certificate by 20220. (or if such person’s records are kept on a owner relative to silver mined, subsequent fiscal year basis until the end of the fifth to July 23, 1965. This certificate is re­ § 81.04 Revocation or modification. fiscal year) following the date of the quired to be submitted by the owner with The provisions of this part may be re­ transaction to which they relate. each deposit of silver and requires in­ voked or modified at any time. formation Concerning the date the silver § 81.09 Reports. § 81.05 Silver which will be received. was mined and the ownership thereof. Every person delivering silver to a U.S. (b) Form TSA-200: Certificate of The U.S. mints and assay offices, under mint or assay office pursuant to this part miner relative to silver mined subsequent the conditions hereinafter specified, and shall file with the Director, Office of to JUly 23, 1965. This is a supporting subject to the appropriate regulations Domestic Gold and Silver Operations certificate required to be submitted with governing the mints and assay offices on or before the 25th day of each month Form TSA-100 except in cases where will receive: after the date the first delivery is made, Form TSA-200A, set forth in paragraph (a) Silver which has been mined sub­ a report on form TSA-300 covering the (c) of this section, is applicable. It must sequent to July 23, 1965, from natural preceding calendar month. The first be executed by the miner and contain deposits in the United States or any report shall cover the period from July information concerning the silver, the place subject to the jurisdiction thereof 23,1965 to the end of the calendar month date it was mined, the location*of the and was tendered to the mint or assay preceding the date of the report. mine, the mint, assay office, smelter or office within 1 year after the month in refiner to which it was delivered, and which the ore from which it'is derived § 81.10 Agreement relating to records. the amount thereof. was mined; Every person who delivers to a U.S. (c) Form TSA-200A: Certificate of (b) Silver which forms a part of a mint or assay office, in accordance with miner relative to silver taken subsequent mixture of newly mined domestic, sec­ § 81.05(b), silver which has been mixed to July 23, 1965, from mine dumps and ondary, and/or foreign silver provided with secondary or foreign silver at a tailing piles which existed as such on the amount of the silver so received does smelter or refinery, other than that of midnight July 23, 1965. This is also a not exceed that amount of the mixture the person making the delivery, shall, supporting certificate required to be filed mined subsequent to July 23, 1965, from upon request of the Director, Office of with Form TSA-100, whenever appli­ natural deposits in the United States Domestic Gold and Silver Operations, cable in lieu of Form TSA-200 set forth or any place subject to the jurisdiction also file with each delivery of such silver in paragraph (b) of this section. The thereof within 1 year (computed from the an agreement properly executed under miner is required to certify that the silver first day of the month following the oath by a duly authorized officer of such was derived in the manner and from the month in which the ore from which it is other smelter or refinery, that records source set forth therein. Information is derived was mined) preceding the date will be kept in accordance with the pro­ also' required concerning the date the sil­ such mixture is tendered to the mint or visions of § 81.08 and that such records ver was recovered, the location of the assay office. will be available for examination by *a mine, the mint, assay office; smelter, or refiner to which the silver was delivered § 81.06 Certificates. representative of the Director, Office of Domestic Gold and Silver Operations and the amount thereof. Every person delivering silver to a U.S. for at least 5 years following tire date (d ) Form TSA-300: Report of person mint or assay office pursuant to the pro­ of the transaction to which they relate. delivering silver pursuant to the provi­ visions of this part shall file with each sions of section 104 of the Act of July delivery a properly executed certificate § 81.11 Settlement for silver delivered. 23,1965, and the regulations issued there­ on form TSA-100 and supporting cer­ under. This must be submitted monthly tificate or certificates of the miner or The U.S. mints and assay offices Shall by persons delivering silver to a U.S. mint miners on forms TSA-200 or TSA-200A, pay for silver delivered in accordance or assay office under section 104 of the whichever is appropriate, containing the with this part at the rate of $1.25 per fine Act of July 23, 1965. Information is re­ information called for in such forms. troy ounce but shall retain from such quired concerning acquisitions, holdings, purchase price an amount equal to all and dispositions of silver mined subse­ § 81.07 Evidence which may be re­ mint charges. quired. quent to July 23, 1965. Persons delivering silver under the §§ 93.75, 93.76, 93.77 [Deleted] (R.S. 161, 5 U.S.C. 22) provisions of this part shall furnish such 3. Sections 93.75, 93.76 and 93.77, The foregoing regulations are issued further evidence as may from time to Chapter I of Title 31, “Application to without notice, public procedure or post­ time be requested by the Office of Do­ purchase silver from the Treasury De­ ponement of the effective date because mestic Gold and Silver Operations, in­ partment under the Act of July 31,1946,“ this is deemed necessary in order to car­ cluding affidavits, sworn reports, and “Forms prescribed (for deposits) under ry out the requirements and purposes of sworn abstracts from books of account of the Act of July 6,1939“ and “Forms pre­ section 104 of Public Law No. 89-81, ap­ any mines or any or all smelters or re­ scribed (for deposits) under the Act of proved July 23, 1965. They are effective fineries handling such silver. July 31, 1946” respectively, are deleted upon publication in the F e d e r a l R e g is ­ § 81.08 Records. from the Code of Federal Regulations. t e r . The statutes which these sections imple­ Every person delivering silver pursuant N o t e : The reporting requirements of these mented have been repealed. regulations have been approved by the Bu­ to this part, and every person owning or 4. Part 93 of Chapter I of Title 31 is reau of the Budget in accordance with the operating a smelter or refinery at which amended by adding § 93.80 as follows: Federal Reports Act of 1942. silver to be delivered under this part is mixed with secondary or foreign silver, §^93.80 Forms prescribed for deposits [ s e a l ] F r e d e r ic k L. D e m i n g , or both, shall keep accurate records of o f silver under section 104 o f the Under Secretary of the Treasury all acquisitions, by mining or otherwise, Act o f July 23, 1965. for Monetary Affairs. and of all dispositions of silver mined J a n u a r y 4, 1967. subsequent to July 23, 1965, including, The following forms are required to be among other things, records of the date submitted to the U.S. mint or assay office [F.R. Doc. 67-264; Filed, Jan. 9, 1967; when such silver was mined, acquired, in connection with the deposit of newly 8:59 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS v 197 Several, hundred requests for exemp­ whether they also may be exempted by Title 21— FOOD AND DRUGS tions of specific combinations received regulation in accordance with the act. by the Food and Drug Administration Chapter I— Food and Drug Adminis­ Therefore, pursuant to the provisions tration, Department of Health, Edu­ have been received. From the data con­ of the Federal Food, Drug, and Cosmetic tained in them and from other available cation, and Welfare Act (secs. 511(f), 701(a), 52 Stat. 1055, information, the Commissioner has fur­ 79 Stat. 230; 21 U.S.C. 360a(f), 371(a)) SUBCHAPTER C— DRUGS ther concluded that the depressant and and under the authority delegated to the stimulant drugs in combination with Commissioner by the Secretary of PART 166-—DEPRESSANT AND STIM­ other drugs, as listed below, which are ULANT DRUGS; DEFINITIONS, PRO­ Health, Education, and Welfare (21 CFR restricted to prescription sale, should 2.120; 31 F.R. 3008), § 166.8 is revised for CEDURAL AND INTERPRETATIVE be exempted from the requirements of the purposes described above and § 166.18 REGULATIONS section 511 jof the act since such combi­ (d)(1) is revised to delete an obsolete nations are not likely to' be ingested or Exemption of Certain Combination reference. As revised, the affected por­ absorbed in sufficient amounts or con­ tions read as follows: Drugs centrations as to have a potential for abuse, and their control is not deemed § 166.8 Combination o f drugs; exemp­ Section 511(f) (2Lof the Federal Food, necessary for the protection of the public tions from section 511 of the act. Drug, and Cosmetic Act (21 U.S.C. 360a health. (f) (2)) authorizes the Commissioner of The following combination drugs are The listing of a drug in this order as Pood and Drugs, under authority dele­ exempt from the requirements of section a product that may be dispensed only on gated to him by the Secretary of Health, 511 of the act: prescription, or as a product that may be Education, and Welfare (21 CFR 2.120; (a) The following drugs in unit- sold without prescription, may be subject 31 F.R. 3008), to exempt by regulation dosage form which contain quantities of to change on the basis of further study. any depressant or stimulant drug from As other combination drugs, both those a drug falling within the definition of a the application of all or part of section which may be lawfully sold over-the- depressant or stimulant drug in section 511 of the act, if (quoting section 511 counter and those restricted to prescrip­ 201 (v) of the act and which may be (f) (2) (A) and (B ) of the act): tion dispensing, come to the Commis­ lawfully sold over-the-counter without a (A ) . Such drug may, under the provisionssioner’s attention, he will determine prescription: of this act, be sold over-the-counter without a prescription; or Exempted --Over-the-C ounter Drugs (B) He finds that such drug includes one or more substances not having a de­ Trade name or other Composition Manufacturer or supplier pressant or stimulant effect on the central designation nervous system or a hallucinogenic effect and such substance or substances are presen t Amodrine-...... Tablet: Phénobarbital, 8 mg.; aminophylline G. D. Searle & Co. therein in such combination, quantity, pro­ 100 mg. ; racephedrine hydrochloride, 25 mg. Bronkaid______portion, or concentration as to prevent the Tablet; Phénobarbital, 8 mg.; ephedrine sulfate Drew Pharmacal Co., Inc. substance or substances therein which do 24 mg.; glyceryl guaiacolate, 100 mg.; theophyl­ line, 100 mg.; thenyldiamine, 10mg. have such an effect from being ingested or Bronkotab Elixir______Elixir (5 cc.): Phénobarbital, 4 mg.; ephedrine Breon Laboratories Inc. absorbed in sufficient amounts or concentra­ sulfate, 12 mg.; glyceryl guaiacolate, 50 mg.; tions as, w ith in th e m ea n in g o f section 201 theophylline, 15 mg.; chlorpheniramine male- ate, 1 mg. (v ), to­ Bronkotabs...______;_____ Tablet: Phénobarbital, 8 mg.; ephedrine sulfate, Do. il) Be habit-forming because of their 24 mg.; glyceryl guaiacolate, 100mg.; theophyl­ stimulant effect on the central nervous sys­ line, 100 mg.; thenyldiamine, 10 mg. tem, or Primatene______Tablet: Phénobarbital, H gr.; ephedrine, % gr Tedral______... Whitehall Laboratories. Tablet: Phénobarbital,8 mg.; theophylline, 130 Warner-Chilcott Laboratories. (ii) .Have a potential for abuse because mg.; ephedrine hydrochloride, 24 mg. Tedral one-half Strength___ of their depressant or stimulant effect on Tablet: Phénobarbital, 4 mg.; theophylline, 65 Do. the central nervous system or their hallu­ mg.; ephedrine hydrochloride, 12 mg. Tedral Pediatric Suspension cinogenic effect. Suspension (5 cc.) : Phénobarbital, 4 mg. ; ephed­ Do. rine hydrochloride, 12 mg.; theophylline, 65 mg. A notice was published in the F ee Verequad. Tablet: Phénobarbital, 8 mg.; theophylline cal­ Knoll Pharmaceutical Co. eral R e g is t e r of December 18, 1965 (3 cium salicylate, 130 mg.; ephedrine hydro- chloride, 24 mg.; glyceryl guaiacolate, 100 mg. P.R. 15674), inviting interested persor Verequad. Suspension (5 cc.): Phénobarbital, 4 mg.; theo­ Knoll Pharmaceutical Co. to present by January 15, 1966, the! phylline calcium salicylate, 65 mg.; ephedrine hydrochloride, 12 mg.; glyceryl guaiacolate, 50 views on specific drugs or classes of sue mg. drugs that should be exempted. In th F e d e r a l R e g is t e r of January 8, 1966 (3 F.R, 264), the Commissioner promulgate (b) The following drugs in unit-dos­combinations, quantities, proportions, or age form, restricted by law to dispens­ s 166.51 (redesignated § 166.8 in the F ed concentrations which prevent the sub­ ing on prescription, which have been eral R e g is t e r of January 27, 1966 (3 stance (s) therein which do have such i .R. 1074), in which combination drug found to include one or more substances an effect from being ingested or absorbed as described in section 511(f) (2) (A ) an not having a depressant or stimulant ef­ in sufficient amounts or concentrations ) of the act were temporarily exempte fect on the central nervous system, or a as to have a potential for abuse because irom the recordkeeping requirement hallucinogenic effect, and which sub­ of their depressant or stimulant effect on of section 511(d)(1) of the act unt: stance (s) are present therein in such the central nervous system: } » 1966- This exemption was ex Exempted Prescription Drugs February 1, 1967, by an orde Trade name or other ln the F e d e r a l R e g is t e r c Composition Manufacturer or supplier F.R. 10123), to provid designation . ' study of data and problem A.E.A ...... associated with certain of the combina Tablet: Amobarbital, 2f> mg.; aminophylline, Haack Laboratories, Inc. 120 mg.; ephedrine hydrochloride, 25 mg. Aladrine______i S ’, and was reextended to April ] Tablet or solution (5 cc.): Secobarbital, 16 mg.; Merit Pharmaceutical Co., Inc. F ed ephedrine sulfate, 8 mg. ^ T7’ by an order published in the Alased...... Ral R e g is t e r of January 7,1967. Tablet: Phénobarbital, 16.2 mg.; homatropine Norgine Laboratories, Inc. methylbromide, 3.6 mg.; aluminum hydroxide ine Commissioner has concluded tha gel, dried, 7H gr.; magnesium trisilicate, 2H gr. Alcitex______Tablet: Phénobarbital, gr.; atropine sulfate, Paul B. Elder Co., Inc. combination drugs listed belov Hooo gr.; calcium carbonate, 3H gr.; magne­ sium carbonate, 2H gr.; cerium oxalate, Vi gr. ,lcb may under the provisions of th Algoson______Tablet: Butabarbital sodium, 7.5 mg.; acetami­ McNeil Laboratories, Inc. c e sold over-the-counter without i nophen, 300 mg. Alhydrox______Tablet: Phénobarbital, yi gr.; aluminum hy­ Physicians Supply Co. prescription, should be exempted iron droxide, 5 gr.; atropine sulfate, Çioo gr. Alkasans______ne requirements of section 511 of the acl Tablet: Phénobarbital, 8.0mg.; atropine sulfete, P. J. Noyes Co. 0.06 mg.; kaolin-alumina gel, 500 mg.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 E xempted P rescription Drugs— Continued E xempted P rescription Drugs— Continued (O 00 Composition Manufacturer or supplier Composition Manufacturer or supplier Trade name or other Trade name or other designation designation The Blue Line Chemical Co. Dorsey Laboratories. Tablet: Butabarbital, 20 mg.; ephedrine sulfate, Aisical. Powder (60 gr.): Phénobarbital, H gr.; bel­ 25 mg.; theophylline hydroxide, 130 mg. ladonna extract, W gr.; calcium carbonate, 24 Tablet: Butabarbital, 15 mg.; aminophylline, The Vale Chemical Co., Inc. gr.; magnesium trisilicate, 18 gr.; magnesium 180 mg.; phenylpropanolamine hydrochloride, oxide, 10 gr.; aluminum hydroxide gel, dried, 25 mg.; chlorpheniramine maleate, 2 mg.; 10 gr. . Haack Laboratories, Inc. aluminum hydroxide gel, dried, 60 mg.; mag­ Alubelap. Tablet: Phénobarbital, 8 mg.; aluminum hy­ nesium trisilicate, 60 mg. droxide gel, dried, 300 mg.; belladonna extract, Asperease, Modified with Tablet: Phénobarbital, 0.008 gm.; acetylsali- P. J. Noyes Co. ’ mg. Wyeth Laboratories. Phénobarbital. cyclic acid, 0.8 gm. Aludrox SA Suspension Suspension (5 cc.): Butabarbital, 8 mg.; ambu- Tablet: Phénobarbital, % gr.; atropine sulfate, Neisler Laboratories, Inc. tonium bromide, 2.5 mg. Woo gr.; magnesium trisilicate, 2y gr.; alumi­ Aludrox SA Tablets.... Tablet: Butabarbital, 8 mg.; ambutonium bro­ Do. num hydroxide gel, dried, 2H gr. mide, 2.5 mg. The Zemmer Co; Norsal Laboratories, Inc. Tablet: Phénobarbital, 15 mg.; atropine sulfate, Alu-M ag...... Tablet: Phénobarbital, y» gr.; aluminum hy­ 0.12 mg.; magnesium trisliicate, 0.5 gm.; sac­ droxide gel, dried, 2l/2 gr.; magnesium trisili­ charin sodium, 0.12 mg. cate, V/t gr.; belladonna leaf extract, y gr. G, D. Searle & Co. íh e Zemmer Co. Banthine with Phénobarbital- - Tablet: Phénobarbital, 15 mg.; methantheline Alumazen______Tablet: Phénobarbital, 8 mg.; atropine sulfate, bromide, 50 mg. 0.06 mg.; magnesium trisilicate, 500 mg.; Tablet: Phénobarbital, 15 mg.; atropine sulfate, The S. E. Massengill Co; aluminum hydroxide gel, dried, 250 mg.; 0.12 mg. , . . . saccharin sodium, 0.12 mg. * Do. Buffalo Pharmaceutical Tablet: Phénobarbital, 15 mg.; atropine sulfate, Aluminum hydroxide, mag­ Tablèt: Phénobarbital, y gr.; aluminum hy­ 0.25 mg. nesium trisilicate, and kaolin droxide, 2 gr.; magnesium tricilicate, 4 gr.; Supply Corp. Tablet: Amobarbital sodium, 20 mg.; hyoscy- The Vale Chemical Co., Inc. with phénobarbital and atro­ kaolin, colloidal, 2 gr.; atropine sulfate, Woo amine sulfate; 0.125 mg.; hyoscine hydro­ pine sulfate. gr. The S. E. Massengill Co. bromide, 0.007 mg.; homatropine methyl- Aminodrox with phénobarbital. Tablet: Phénobarbital, 15 mg.; aminophylline, bromide, 0.5 mg. 0.1 gm.; aluminum hydroxide gel, dried, 0.12 Mallinckrodt Pharmaceuticals, Elixir (5 cc.): Phénobarbital, 16 mg.; hyoscy- REGULATIONS AND RULES amine sulfate, 0.1286 mg.; atropine sulfate, Division of Mallinckrodt Aminodrox-Forte with pheno- Tablet: Phénobarbital, 15 mg.: aminophylline, Do. 0.0250 mg.; scopolamine hydrobromide, 0.0074 Chemical Works. barbital. 200 mg.; aluminum hydroxide gel, dried, 250 mg. Do. Eli Lilly and Co. Tablet: Phénobarbital, 16 mg.; hyoscyamine Aminophylline and Amytal___ Capsiile: Amobarbital, 32 mg.; aminophylline, sulfate, 0.1286 mg.; atropine sulfate, 0.0250 0.1 gm. Q. D. Searle & Co. mg.; scopolamine hydrobromide, 0.0074 mg. Aminophylline with pentobar­ Suppository: Pentobarbital sodium 100 mg.; Elixir (100 ce.) : Phénobarbital, 0.4 gm.; borna- The Bind Line Chemical Co. bital. aminophylline, 500 mg. The Zemmei; Co. tropine methylbromide, 33.8 mg. Aminophylline and phénobar­ Tablet: Phénobarbital, 15 mg.; aminophylline, Tablet: Phénobarbital, H gr.; homatropine Do. bital. 100 mg. The Blue Line Chemical Co. methylbromide, Hs gr. Do...... Tablet: Phénobarbital, H gr.; aminophylline, Tablet or elixir (4 cc.): Phénobarbital, 16.2 Parke, Davis & Co. 100 mg. H. E. Dubin Laboratories, Inc. mg.; hyoscyamine sulfate, 0.1 mg.; hyoscihe Aminophylline with phénobar­ Tablet: Phénobarbital, 16 mg.; aminophylline, hydrobromide, 0.007 mg.; atropine, 0.020 mg.; bital. 100 mg. Q. D. Searle & C. Taka-Diastase. 162.0 mg. Do...... Tablet: Phénobarbital, 15 mg.; aminophylline, Elixir (30 cc.): Phénobarbital, 100 mg.; hyoscy- Warren-Teed Pharmaceuticals 100 mg. amine hydrobromide, 0.60 mg.; hyoscine I Inc. Do...... Tablet: Phénobarbital, 15 mg.; aminophylline, Do. bydrobromide, 0.042 mg.; atropine sulfate, 200 mg. G. D. Searle & Co. 0.12 mg. Aminophylline with phéno­ Tablet: Phénobarbital, 30 mg.; aminophylline, Tablet: Phénobarbital, 16.670 mg.; hyoscy- Do. barbital. 200 mg. . . , Meyer Laboratories, Inc. amine hydrobromide, 0.10 mg.; hyoscine Amobarbital and P E T N ______Capsule: Amobarbital, 50 mg.; pentaerythritol hydrobromide, 0.007 mg.; atropine sulfate, tetranitrate, 30 mg. Paul B. Elder Co., Inc. 0.020 mg. Ampyrox with Butabarbital Tablet: Butabarbital sodium, 15 mg.; scopola­ Tablet: Phénobarbital, 8 mg.; belladonna Haack Laboratories, Inc. Sodium (A M P Y R O X ). mine methylnltrate, 2 mg. Do. extract, 8 mg. Ampyrox with Butabarbital Elixir (5cc.): Butabarbital sodium, 10 mg.; sco­ Tablet: Phénobarbital, 15 mg.; belladonna Do. Sodium, Elixir. polamine methylnitrate, 1 mg. North American Pharmacal, extract, 8 mg. Amsed (N A P -3 7 )-...... Tablet: Phénobarbital, U gr.; hyoscine hydro­ Tablet: Amobarbital, 50 mg.; homatropine Haack Laboratories, Inc. bromide, 0.0072 mg.; atropine sulfate, 0.024 Inc. methylbromide, 7.5 ing. mg.; hyoscyamine hydrobromide, 0.128 mg. Sandoz Pharmaceuticals. Paul B. Elder Co., Inc. Tablet: Phénobarbital, 50 mg.; bellafoline, Amsodyne...... Tablet: Phénobarbital, M gr.; extract belladon­ 0.25 mg. na leaves, yi gr.; aspirin, 5 gr.; caffeine, J4 gr. Do. Meyers and Co. Do ...... Elixir (15 ce.): Phénobarbital, 15.6 mg.; bella- Antacia No. 3 with Phéno­ Tablet: Phénobarbital, H gr.; atropine sulfate, foline, 0.078 mg. barbital and Atropine. Woo gr.; calcium carbonate, 5 gr.; magnesium Elixir (5 cc.): Butabarbital sodium, 20 mg.; The Zemmer Co. hydroride, 5 gr. Hydrex Co., Inc. tincture belladonna, 0.83 cc. Antispasmodic...... Tablet (purple): Phénobarbital, 16.2 mg.; hyos­ Tablet: Phénobarbital, 20 mg.; ergotamine tar- Sandoz Pharmaceuticals. cyamine sulfate, 0.1037 mg.; homatropine trate, 0.3 mg.; levorotatory alkaloids of bella­ methylbromide, 0.867 mg.; hyoscine hydro­ donna, 0.1 mg. bromide, 0.0065 mg. Do. Do. D o ...... Tablet: Phénobarbital, 40 mg.; ergotamine tar- Antispasmodio-Enzyme. Tablet: Phénobarbital, 8.1 mg.; hyoscyamine trate, 0.6 mg.; levorotatory alkaloids of bella­ sulfate, 0.0519 mg.; homatropine methylbro­ donna, 0.2 mg. mide, 0.2885 mg.; hyoscine hydrobromide, Elixir (4 cc.): Phénobarbital, 15 mg.; vitamin Bi, Wyeth Laboratories. 0.0033 mg.; pancreatin, 100 me. ; pepsin, 150 mg. Beplete with Belladonna Wm. P. Poythress & Co., Inc. Elixir. 1.6 mg.; vitamin Bj, 1 mg.; vitamin Be, 0.33 Antroeoi______.... ____ Tablet or capsule: Phénobarbital, 16 mg.; atro­ mg.; vitamin B «, 1.66 mg.; niacinamide, 10 pine sulfate, 0.324 mg.; colloidal sulfur, 22 mg. The Wm. A . Webster Co. mg.; pantothenol, 0.2 mg.; belladonna alka­ Aqualin-Plns, Children. Suppository: Pentobarbital sodium, % gr.; theo­ loids, 0.2 mg. phylline, 1% gr. Bexar Pharmaoeuticals. Do. Tablet: Phénobarbital, 10 mg.; homatropine Aqualin-Plua No. 1___ Suppository: Pentobarbital sodium, % gr.; theo­ methylbromide, 10 mg.; hyoscine hydrobro­ phylline, Z*A gr. Do. mide, 0.0065 mg.; hyoscyamine sulfate, 0.1 mg. Aqualin-Plu* No. 2____ Suppository: Pentobarbital sodium, lyi gr.; Tablet: Phénobarbital, W gr.; dried ox bile, 2 gr.; Norgine Laboratories, Inc; theophylline, V/i gr. Do. dehydrocholie acid, 2 gr.; homatropine methyl­ Aqualin-Plus No. 2A... Suppository: Pentobarbital sodium, % gr.; theo- bromide, Hs gr. I pnylline, i y gr. FEDERAL REGISTER, VO L. 32, 5— TUESDAY, JANUARY TO, 1967 E x e m p t e d P rescription D r u g s — Continued E x e m p t e d P rescription D r u g s—Continued Trade name Or other Composition Manufacturer or supplier designation Trade name or other Composition Manufacturer or supplier designation Binitrin. Tablet: Butabarbital sodium, 15.0 mg.; nitro The Vale Chemical Co., Inc. Co-Elorine 25______glycerin, 0.3 mg.; pentaerythritol tetranitrate . Capsule: Amobarbital, 8 mg.; tricyclamol chlo­ Eli Lilly and Co.. 10.0 mg. ride, 25 mg. Bioxatphen. Co-Elorine 100...'______Tablet: Phénobarbital, 8 mg.; atropine sulfate, The Zemmer Co. . Capsule: Amobarbital, 16 mg.; tricyclamol chlo­ Do. 0.06 mg.; bismuth subnitrate, 120 mg.; cerium ride, 100 mg. oxalate, 120 mg. Cold Preparation, Special...... Tablet: Phénobarbital, 8.1 mg.; chlorphenira­ Knight Pharmacal Co. Bismuth, belladonna, and Capsule: Phénobarbital, H gr.; bismuth sub Tlie Bernard Co. mine maleate, 2 mg.; pseudoephedrine hydro­ phénobarbital. gallate, 5 gr.; extract belladonna leaf, gr. chloride, 60 mg. ; salieylamide, powder, 300 mg. Buffadyne A -S...... Corenil...... £ ...... Tablet: Amobarbital, 15 mg.; aspirin, 300 mg. Lemmon Pharmacal Co. . Tablet: Racemio methamphetamine hydro chlo­ McNeil Laboratories, Inc. phenacetin, 150 mg.; caffeine, 30 mg.; homa- ride, 1.25 mg.; clistln (carhinoxamine maleate), tropine methylbromide, 2.5 mg.; aluminum 2 mg.; belladonna extract, 8 mg. C ovad il.....______...... hydroxide gel, 75 mg.; magnesium hydroxide Tablet: Butabarbital sodium, 20 mg.; pentae­ The Blue Line Chemical Co. 45 mg. rythritol tetranitrate, 15 mg. Buffadyne with barbiturates. Dactil with Phénobarbital____ Tablet: Secobarbital sodium, 8 mg.; amobarbi­ Do. Tablet: Phénobarbital, 16 mg.; piperidolate hy­ Lakeside Laboratories, Inc, tal, 8 mg.; aspirin, 300 mg.; phenacetin, 150 drochloride, 50 mg. Dainite______mg.; caffeine, 30 mg.; aluminum hydroxide Tablet: Pentobarbital sodium, H gr. aminophyl­ Neisler Laboratories, Inc. gel, 75 mg.; magnesium hydroxide, 45 mg. line, 3 gr.; ephedrine hydrochloride, H gr.; Bunesia. Tablet: Butabarbital sodium, 10mg.; homatrô- McNeil Laboratories, Inc. aluminum hydroxide gel, dried, 2)4 gr.; benzo- pme methylbromide, 2.5 mg.; magnésium caine, M gr hydroxide, 300 mg. Dainite-KI...... Tablet: Phénobarbital, )4 gr.; aminophylline, Buren. Neisler Laboratories, Inc. Tablet: Butabarbital, 15 mg.; phenazopyridine B. F. Ascher & Co., Inc. 3 gr.; ephedrine hydrochloride, gr.; potas­ hydrochloride, 150 mg.; scopolamine hydro- sium iodide, 5 gr.; aluminum hydroxide gel, bromide, 0.0065 mg.; atropine sulfate, 0.0194 dried, 2)4 gr.; benzocaine, J4 gr. mg.; hyoscyamine sulfate, 0.1037 mg. Dainite Night.___ i ...... Tablet: Phénobarbital, 94 gr.; pentobarbital Do. Burrizem. Tablet: Butabarbital sodium, 10mg.; reserpine, The Zemmer Co. sodium, M gr.; aminophylline, 4 gr.; alumi­ 0.1 mg.; rutin, 20 mg.; mannitol hexanitrate. num hydroxide gel, dried, 2)4 gr.; benzocaine, 30 mg. U gr.

Butabarbital and hyoscya- Dainite Pediatric...... REGULATIONS AND RULES Tablet or elixir (5 cc.): Butabarbital, 15 mg.; Meyer Laboratories, Inc. Tablet: Phénobarbital, )4 gr.; aminophylline, Do. mine sulfate. hyoscyamine sulfate, 0.125 mg. 1 gr.; ephedrine hydrochloride, Vu gr.; alumi­ Do...... Capsule: Butabarbital, 45 mg.; hyoscyamine Do. num hydroxide gel, dried, )4 gr.; benzocaine, sulfate, 0.375 mg. Ü gr. Butibel...... Daricon P B . ___ ... _____ Tablet or elixir (5 cc.): Butabarbital sodium, M cNeil Laboratories, Inc. Tablet: Phénobarbital, 15 mg.; oxyphencyéli­ Pfizer Laboratories. 15 mg.; belladonna extract, 15 mg. (hyoscya­ miné hydrochloride, 5 mg. Diatraegus...... 1...... j, mine sulfate, 0.138 mg.; hyoscine hydrobro- Tablet: Diallylbarbituric acid, )4 gr.; nitroglyc­ Buffington’s, Inc. mide, 0.027 mg.; atropine sulfate, 0.067 mg.). erin, )4so gr.; sodium nitrite, 1 gr.; tincture Butibel R -A ._ ...... Tablet: Butabarbital sodium, 30 mg.; bella­ Do. crataegus, 2 minims donna extract, 30 mg. Dia-Tropine______Tablet: Diallylbarbituric acid, H gr.; atropine Do. Butibel-Gel. Suspension. Suspension (15 cc.)7Butabarbital sodium, 7.5 McNeil Laboratories, Inc. sulfate, )4oo gr.; magnesium carbonate, 2)4 gr.; mg.; belladonna extract, 7.5 mg. (total alka­ calcium carbonate, 3)4 gr.; bismuth subcar­ loids 0.187 mg.); activated attapulgite, 1.5 gm.- bonate, 1 gr. pectin, 75 mg. Dilantin with Phénobarbital... Capsule: Phénobarbital, 14 gr.; diphenylhydan- Parke, Davis & Co. Butibel-Gel Tablets..___ Tablet: Butabarbital sodium, 7.5 mg.; bella­ Do. toin sodium, 0.1 gm. donna extract, 7.5 mg. (total alkaloids 0.0935 D o ...... Capsule: Phénobarbital, )4 gr.; diphenylhydan- , Do. mg.); activatediattapulgite, 500 mg.; pectin. toin sodium, 0.1 gm. 45 mg. Dolonil...... Tablet: Butabarbital, 15 mg.; phenazopyridine Butibel-Zyme______Warner-Chilcott Laboratories. Tablet: Butabarbital sodium, 15 mg.; bella­ Do. hydrochloride, 150 mg.; hyoscyamine hydro- donna extract, 15 mg. (total alkaloids 0,187 bromide, 0.3 mg. mg.) ; proteolytic enzyme standardized, 10 mg. ; Donabarb. ______'' Tablet: Phénobarbital, J4 gr.; powder extract Paul B. Elder Co., Inc. amylolytic enzyme standardized, 20 mg.; cel­ belladonna, J4 gr. lulolytic enzyme standardized, 5 mg.; lipolytic Donaphen, New Special Dona- Tablet: Phénobarbital,'15 mg.; atropine sulfate, Burt Krone Co. enzyme standardized, 100 mg. ; iron ox bile (45% phen. 0.024 mg.; scopolamine hydrobromide, 0.0072 cholic acid), 30 mg. mg.; hyoscyamine hydro bromide, 0.128 mg. Butizetic. Tablet: Butabarbital sodium, 15 mg.; acetami­ Do. Donna-Sed Elixir...... Elixir (5 cc.): Phénobarbital, 16,2 mg.; hyoscya­ North American Pharmacal, nophen, 200 mg.; phenacetin, 150 mg.; caffeine, mine hydrobromide, 0.1037 mg.; atropine sul­ Inc. 30 mg. fate, 0.0194 mg.; hyoscine hydro bromide, Cafergot P-B, Tablet: Phénobarbital sodium, 30 mg.; ergota- Sandoz Pharmaceuticals. 0.0065 mg. mine tartrate, 1 mg.; caffeine, 100 mg.; levoro- Donnasep..______Tablet: Phénobarbital, 8.1 mg.; phenazopyri­ A. H. Robins Co., Inc. tatory alkaloids of belladonna, 0.125 mg. dine hydrochloride, 50.0 mg., methenamine Do...... Suppository: Pentobarbital, 60 mg.: ergotamine Do. mandelate, 500 mg.; hyoscyamine sulfate, tartrate, 2 mg.; caffeine, 100 mg.; levorotatory 0.0519 mg.; atropine sulfate, 0.0097 mg.; hyo­ alkaloids of belladonna, 0.25 mg. scine hydrobromide, 0.0033 mg. Cal-Ma-Phen...... Donphen...... f ' __...______| Tablet: Phénobarbital, H gr.; calcium-carbon­ Physicians Supply Co. Tablet: Phénobarbital, 15 mg.; hyoscyamine Lemmon Pharmacal Co. ate, 5 gr. ; magnesium hydroxide, 5 gr. ; atropine sulfate, 0.1 mg.; atropine sulfate, 0.02 mg.; sulfate, yioo gr. scopolamine hydro bromide, 6 /¿g. Cantil with Phénobarbital___ Dormitol-HM. .. ¿ ...... Tablet: Phénobarbital, 16 mg.; mepenzolate Lakeside Laboratories, Inc. Tablet: Phénobarbital, )4 gr.; homatropine Buffington’s Inc. bromide, 25 mg. methylbromide, )64 gr.; strontium bromide, Carbonates No. 3 with Phéno­ Tablet: Phénobarbital, 8 mg.; atropine sulfate, 1 gr. barbital and Atropine. P. J. Noyes Co. 0.11 mg.; calcium carbonate, 224 mg.; magne­ Dynapin with Phénobarbital... Tablet: Phénobarbital, 15 mg.; nitroglycerin, Key Pharmacal Co. sium carbonate, 160 mg.; bismuth subcarbo­ 0.5 mg.; pentaerythritol tetranitrate, 15 mg. nate, 32 mg. Edrisal______Tablet: Dextroamphetamine sulfate, 2.5 mg.; Cardai in-Phen______Smith Kline & French Tablet: Phénobarbital, H gr.; aminophylline, Neisler Laboratories, Inc. aspirin, 0.16 gm.; phenacetin 0.16 gm. Laboratories. 5 gr.; aluminum hydroxide gel, dried, 2)4 gr.; Elmaloiri with Phénobarbital... Capsule: Phénobarbital, 15 mg.; diphenyl- Paul B. Elder Co., Inc. benzocaine, H gr. hydantoin, 1)4 gr. Cardilate-P...... Tablet: Phénobarbital, 15 mg.; erythrityl tetra­ Burroughs Wellcome & Co. Ephedrine and sodium Tablet: Sodium phénobarbital, ) i gr.; ephedrine The Vale Chemical Co., Inc. nitrate, 10 mg. phénobarbital. sulfate, % gr. Cholarace..______(U.S.A.) Inc. Tablet: Pentobarbital, 27.5 mg.; oxtriphylline, Warner-Chilcott Laboratories. Ephedrine sulfate and Tablet: Phénobarbital, 15 mg.; ephedrine sul­ The Zemmer Co. 200 mg.; raeephedrine, 20 mg. phénobarbital. fate, 25 mg.

No. 32- -3 FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 «0 Exempted P rescription Drugs— Continued to Exempted P rescription Drugs— Continued ® ® Manufacturer or supplier Manufacturer or supplier Trade name or other Composition Trade name or other Composition designation designation Dorsey Laboratories; P. J. Noyes Co. Tablet: Pentobarbital, 8 mg.; methscopolamine Ephedrine with phéno­ Tablet: Phénobarbital, % gr.; ephedrine sul­ nitrate, 2 mg.; cellulase, 9 mg.; pancreatin, barbital. fate, Y» gr. The Blue Line Chemical Co. 500 mg.; glutamic acid hydrochloride, 200 mg.; Ercafltal...... Tablet: Phénobarbital, 7.5 mg.; erqotamme ox bile extract, 100 mg.; pepsin, 150 mg. tartrate, 0.5 mg.; caffeine, 50 mg. Tablet: Phénobarbital sodium, Ji gr.; veratrum Key Pharmacal Co; Eskatrol...... Capsule: Dextroamphetamine sulfate, 15 mg.; Smith Kline & French Laboratories. veride, Ji gr.; mistletoe, A gr.; hawthorn prochlorperazine, 7.5 mg. tincture, 30 minims; sodium nitrite, 1 gr. Ethrava-trate______Tablet: Mephobarbital, 10 mg.; pentaerythrityl North American Pharmacal, Laser Inc; Inc. Tablet: Phénobarbital, 16 mg.; potassium io- tetranitrate, 20 mg.; ethaverine hydrochloride, dide, 400 mg.; ephedrine sulfate, 24 mg. 30 mg. Tablet: Phénobarbital, 15 mg.; aminophyllin, G. D. Searle & Co; Eu-Phed-Amin. Tablet: Phénobarbital, 30 mg.; aminophylline, Warren-Teed Pharmaceuticals, Inc. 150 mg.; potassium iodide, 125 mg. 0.1 gm.; ephedrine sulfate, 30 mg.; extract eu­ Suspension (5 cc.): Phénobarbital, 8 mg.; theo- Mallinckrodt Pharmaceuticals phorbia, 0.1 gm. phylline, 50 mg.; ephedrine hydrochloride, 12 Division of Mallinckrodt, Eu-Phed-Ital. Tablet: Phénobarbital sodium, 30 mg.; ephedrine Warren-Teed Pharmaceuticals, Chemical Works. Inc. mg.; glyceryl guaiacolate, 100 mg. sulfate, 30 mg.; extract euphorbia, 0.12 gm. Tablet: Phénobarbital, 16 mg.; theophylline, Do. Fensobel...... Tablet: Phénobarbital, 8.1 mg.; belladonna ex­ United States Vitamin & Pharmaceutical Corp. 100 mg.; ephedrine hydrochloride, 24 mg.; gly­ tract, 2.95 mg.; aluminum hydrochloride gel, ceryl guaiacolate, 200 mg. dried, 63 mg.; magnesium trisilicate, 63 mg.; Tablet: Phénobarbital, 16 mg.;lufyllin (dyphyl- Do; bismuth subcarbonate, 32.5 mg.; magnesium line), 100 mg. ; ephedrine hydrochloride ; 16 mg. carbonate, 252 mg.; precipitated calcium car­ Magnesium hydroxide-pheno- Tablet: Phénobarbital fodium, 15 mg.; magne­ McNeil Laboratories, Inc; bonate, 2(0.5 mg.; malt diastase, 12.5 mg.; pep­ sium hydroxide, 300 mg.; atropine sulfate with permint oil, 3 mg. barbital compound. Winthrop Laboratories; aromatics, 0.12 mg. Franol...... — Tablet: Phénobarbital, 8 mg.; theophylline, 130 Tablet or suspension (5 cc.) : Phénobarbital, 16.2 Brayten Pharmaceutical Co; mg.; benzylephedrinehydrochloride, 32 mg. General Pharmaceutical mg.; belladonna alkaloids, 0.162 mg.; dihydroxy Genegesic Capsules. Capsule: Methamphetamine hydrochloride ,1.2 aluminum aminoacetate, 0.5 gm. mg.; chlorpheniramine maleate, 3.8 mg.; phe- Products, Inc. The Vale Chemical Co;, Inc; Tablet: Phénobarbital, 16 mg.; mannitol hexa- REGULATIONS AND RULES nacetin, 120.0 mg.; salicylamide, 180.0 mg.; nitrate, 32 mg. * , caffeine, 30.0 mg.; ascorbic acid, 50.0 mg. Do; Lemmon Pharmacal Co. Manniphen with Butin__ —- Tablet: Phénobarbital, 16 mg.; mannitol hexa­ Homechol...... - Tablet: Pentobarbital sodium, 8.0 mg.; homa- nitrate, 32 mg.; rutin, 20 mg. tropinemethylbromide, 2.5 mg.; dehydrocholic Tablet: Phénobarbital, }4 gr.; mannitol hexa­ P. J. Noyes Co; acid, 60.0 mg., ox bile extract, 150.0 ing. Mannitol hexanitrate with phénobarbital. nitrate, A gr. Homadonna______Tablet or elixir (5 cc.): Phénobarbital, 16 mg.; Mallinckrodt Pharmaceuticals, i The Blue Line Chemical Division of Mallinckrodt Do ...... Tablet: Phénobarbital, H gr.; mannitol hexa- homatropine methylbromide, 2.5 mg. nitrate, A gr. „ , . Co. Chemical Works. Burt Krone Co. Lemmon Pharmacal Co. Tablet: Phénobarbital, 15 mg.; mannitol hex- Homopent —— Tablet: Pentobarbital sodium, 15 mg.; homa­ anitrate, 15 mg.; rutin, 15 mg.; ascorbic acid, tropine methylbromide, 2.5 mg.; magnesium 15 mg. . trisilicate, 300 mg. Ayerst Laboratories. Ayerst Laboratories. Tablet or capsule: Methamphetamine hydro- Hoyizyme...... Tablet: Methamphetamine hydrochloride, 0.5 chloride, 1 mg.; conjugated estrogens-equine, mg.; conjugated estrogen-equine, 0.125 mg.; 0.25 mg.; metnyltestosterone, 2.5. mg. methyl testosterone, 1.25 mg.; amylase, 10.0 Solution (15 cc.): Methamphetamine hydro- Do. mg.; protease, 5.0 mg.; cellulase, 2.0 mg.; chloride, 1 mg.; conjugated estrogens-equine, nicotinyl alcohol tartrate, 7.5 mg,; dehydro­ 0.25 mg.; metnyltestosterone, 2.5. mg. cholic acid, 50.0 mg.; ascorbic acid, 50.0 mg.; Tablet: Phénobarbital, 16 mg.; promethestrol Beed & Camrick. ferrous fumarate, 6.0 mg. Paine Drug Co. dipropionate, 1 mg. H-P-A (M odifled)...... Tablet: Phénobarbital, H gr.; aspirin, 5 gr.; Tablet or elixir (5 cc.): Phénobarbital, 15 mg.; Endo Laboratories Inc. extract hyoscyamus, J-é gr. homatropine methylbromide, 5 mg. Tablet: Phénobarbital, 15 mg.; hyoscyamine The S. E. Massengill Co. Pfizer Laboratories. Hybephen...------Metamine with Butabarbital— Tablet: Butabarbital, 16.2mg.; trolnitrate phos­ sulfate, 0.1277 mg.; atropine sulfate, 0.0233 mg.; phate, 2 mg. hyoscine hydrobromide, 0.0094 mg. Do. Do. Do ...... Tablet: Butabarbital, 48.6 mg.; trolnitrate phos- Hybephen Elixir...... Elixir (5 cc.): Phénobarbital, 15 mg.; hyoscy­ phate, 10 mg. amine sulfate, 0.1277 mg.; atropine sulfate, Tablet: Phénobarbital, 16 mg.; mannitol hexa- The S. E. Massengill Cos 0.0233 mg.; hyoscine hydrobromide, 0.0094 mg. Paul B. Elder Co., Inc. nitrate. 32 mg. Hydrochol Plus______Tablet: Amobarbital, 15 mg.; dehydrocholic Tablet: Mephobarbital, 32 mg.; penthienate Winthrop Laboratories. acid, 200 mg.; scopolamine methylnitrate, 0.8 bromide,5 mg. , ... mg.; ox bile desiccated, 50 mg. Wm. P. Poythress & Co., Inc. Pitman-Moore. Tablet: Phénobarbital, 21 mg.; potassium iodide, Hytrona Antispasmodic Elixir. Elixir (5cc.): Phénobarbital, 16mg.; belladonna' 195 mg.; aminophylline, 130 mg.; ephedrine alkaloids, 0.2 mg. Pitman-Moore. hydrochloride, 16 mg. Eytrona Antispasmodic Tablet: Phénobarbital, 16 mg.; belladonna Elixir (5 cc.>: Phénobarbital, 5.4 mg.; theophyl- Do. Tablets. alkaloids, 0.2 mg. Warren-Teed Pharmaceuticals line, 20 mg.; ephedrine hydrochloride, 4 mg.; Hocalm...... Tablet: Mephobarbital, 30 mg.; methscopola- glyceryl guaiacolate, 26 mg. mine nitrate, 2.5,mg.; d-calcium pantothenate, Inc. Tablet: Butabarbital sodium, 15 mg.; poldine McNeil Laboratories, Inc; 25 mg. IveS Laboratories Inc. methylsulfate, 4 mg. Isordil with Phénobarbital___ Tablet: Phénobarbital, 15 mg.; isosorbide di­ Tablet: Phénobarbital, 15 mg.;( extract haw- The Zemmer Co; nitrate, 10 mg. Winthrop Laboratories. thorn berries, 30 mg.; extract mistletoe, 15 mg.; Isufranol...... ——...... — Tablet: Phénobarbital, 8 mg.; theophylline, sodium nitrite, 60 mg.; sodium bicarbonate, 130 mg.; benzylephedrine, 32 mg.; isopro­ 0.2 gm. terenol hydrochloride, 10 mg. Tablet: Phénobarbital, 8 mg.; dehydrocholic Pitman-Moore; Isufranol, Mild...... Tablet: Phénobarbital, 8 mg.; theophylline, 130 Do. ‘ acid,250mg.; bile extract, 15 mg.; homatropine mg.; benzylephedrine, 32 mg.; isoproterenol Methylbromide, 1.2 mg. hydrochloride, 5 mg. Tablet; Phénobarbital, 8 mg.;l atropine sulfate, The S. E. Massengill Co; Isuprel Compound Elixir____ Elixir (15 cc.): Phénobarbital, 6 mg.; isoprotere­ Do. O.lOmg.; magnesium trisilicate, 0.5 gm. nol hydrochloride, 2.5 mg.; ephedrine sulfate, Tablet: Secobarbital, 15 mg.; nitroglycerin, 0.4 Lemmon Pharmacal Co; 12 mg.; theophylline, 45 mg.; potassium iodide, pentaerythrityl tetranitrate, 15 mg. 150 mg. P. J. Noyes Co; Paul B. Elder Co., Inc. Tablet: Phénobarbital, 8 mg.; acetylsalicylic Kaphebel...... Tablet: Phénobarbital, y% gr.; belladonna root, acid, 300 mg. yi gr.; kaolin colloidal, V-A gr.

FEDERAL REGISTER, VOL. 32, 5----TUESDAY, JANUARY 10, 1967 E xempted P résomption Drugs— Continued E xempted P rescription Drugs— Continued

Trade name or other Composition Manufacturer or supplier Trade name or other Composition Manufacturer or supplier designation designation

Novalene. . Tablet-' Phénobarbital, 16 mg.; ephedrine sul­ Lemmon Pharmacal Co. Phénobarbital and Belladonna Tablet: Phénobarbital, H gr.; belladonna ex­ The Upjohn Co. fate, 24 mg.; potassium iodide, 162 mg.; calcium No. 2. tract, H gr. (alkaloids 0.00156 gr.). lactate, 162 mg. Phénobarbital with mannitol Oxsorbil-PB. Tablet: Phénobarbital, 7.5 mg., mannitol hex­ Paul B. Elder Co., Inc. . Capsule: Phénobarbital, 7.5 mg.; belladonna Ives Laboratories, Inc. hexanitrate. anitrate, 15 mg.; ascorbic acid powder, 25 mg.; (Harold M. Harter, D.V.M.) extract, 7.5 mg.; dehydrochloic acid, 32 mg.; rutin, 25 mg. desoxycholic acid, 32 mg.; ox bile extract, 65 Phénobarbital and mannitol Tablet: Phénobarbital, H gr.; mannitol hex­ Meyer Drug & Surgical mg.; sorbitan monooleate, 160 mg.; oleic acid, hexanitrate. anitrate, H gr. Supply Co. 180 mg. Phénobarbital Sodium Atro­ Paminal Elixir______Tablet: Phénobarbital sodium, 8 mg.; atropine McNeil Laboratories, Inc. Elixir (5cc.): Phénobarbital 8 mg.; methscopol- The Upjohn Co. pine No. 1. sulfate, 60 fig. amine bromide, 1.25 mg- Phénobarbital Sodium Atro­ Pamine PB E lix ir...,...... Tablet: Phénobarbital sodium, 15 mg.; atropine Do. Elixir (5 cc.): Phénobarbital, 8 mg.; meth- Do. pine No. 2. sulfate, 120 mS- scopolamine bromide, 1.25 mg. Phénobarbital Sodium Atro­ Famine PB, Half Strength___ Tablet: Phénobarbital sodium, 20 mg.; atropine Do. Tablet: Phénobarbital, 8 mg.; methscopolamine Do. pine No. 3. sulfate, 200 fig. bromide, 1.25 mg. Phénobarbital and sodium ni­ Pediatric Piptal Antipyretic.. Tablet: Phénobarbital, H gr.; sodium nitrite, P. J. Noyes Co. Solution (0.6 cc.): Phénobarbital 3 mg.; pipen- Lakeside Laboratories, Inc. trite. 1 gr. zolate bromide, 5 mg.; acetaminophen, 60 mg. Phénobarbital Theoealcin...... Pediatric Piptal with Phéno­ Tablet: Phénobarbital, 15 mg.; theobromine Knoll Pharmaceutical Co. Solution (0.5 cc.): Phénobarbital, 3 mg.; pipen- Lakeside Laboratories, Inc. calcium salicylate, 0.5 gm. barbital. zolate bromide, 2 mg. Pencetylon______Phenodonna Tablets..,...... Tablet: Phénobarbital, }4 gr.; tincture bella­ Flint Medical & Surgical Tablet: Phénobarbital, gr.; acetylsalicylic Paul B. Elder Co., Inc. donna, 6 minims. Supply Co. acid, 5 gr. Phenodrox..,...... Pentaerythrityl Tetranitrate Tablet: Phénobarbital, H gr.; atropine sulfate, North American Pharmacal Tablet: Phénobarbital, 16 mg.; pentaerythrityl P. J. Noyes Co. j'&oo gr.; magnesium trisilicate, 4 gr.; aluminum with Phénobarbital. tetranitrate, 10 mg. Inc. Do...... hydroxide gel, dried, 4 gr. Tablet: Phénobarbital, 16 mg.; pentaerythrityl Do. Phyldrox...... Tablet: Phénobarbital, 15 mg.; neothylline, 100 tetranitrate, 20 mg. Lemmon Pharmacal Co. Pentatrol with Phénobarbital.. mg.; ephedrine sulfate, 25 mg. Tablet: Phénobarbital, 15 mg.; pentaerythrityl North American Pharmacal Piptal PHB Elixir...... Elixir (5cc.): Phénobarbital, 16mg.; pipenzolate tetranitrate, 10 mg. Lakeside Laboratories, Inc. Co. REGULATIONS AND RULES Pentraline...... bromide, 5 mg. Tablet: Butabarbital sodium, 10 mg.; reserpine, McNeil Laboratories, Inc. Piptal PH B Tablets...... Tablet: Phénobarbital, 16 mg.; pipenzolate bro­ 0.05 mg.; pentaerythrityl tetranitrate, 10 mg. Do. Perbuzem...... mide, 5 mg. Tablet: Butabarbltal sodium, 15 mg.; penta­ The Zemmer Co. Prantal with Phénobarbital___ Tablet: Phénobarbital, 16 mg.; diphemanil erythrityl tetranitrate, 10 mg. Schering Cbrp. Perlbar L-A No. 1...... methylsulfate, 100 mg. Tablet: Phénobarbital, 48.6 mg.; pentaeryth­ Whittier Laboratories, Inc. Premarin with Phénobarbital.» Tablet: Phénobarbital, 32 mg.; conjugated es- rityl tetranitrate, 30 mg. Ayerst Laboratories. Peritrate with Phénobarbital... trogens-equine, 0.625 mg. Tablet: Phénobarbital, 15 mg.; pentaerythrityl Wamer-Chilcott Laboratories. Probanthine with Phéno­ Tablet: Phénobarbital, 15 mg.; probanthine, tetranitrate, 10 mg. O. D. Searle & Co. Do...... barbital. 15 mg. Tablet: Phénobarbital, 15 mg.; pentaerythrityl Do. Probital...... Tablet: Phénobarbital, 15 mg.; probanthine, tetranitrate, 20 mg. Do. Peritrate with Phénobarbital 7.5 mg. Tablet: Phénobarbital, 45 mg.; pentaerythrityl Do. Propenite...... Tablet: Pentobarbital sodium, 12 mg.; sodium SA. tetranitrate, 80 mg. The Zemmer Co. Phedorine...... nitrite, 60 mg.; hawthorn berries extract, 120 Tablet: Diallylbarbituric acid, 16 mg.; extract Buffington’s, Inc. mg.; mistletoe extract, 60 mg. stramonium, 8 mg. (alkaloids 0.0015 gr.) ; ephed­ Prydonnal Spansule. Capsule: Phénobarbital, 65 mg.; belladonna rine, 8 mg.; theophylline, 100 mg. Smith Kline & French Labora­ Phenaphen Plus. alkaloids, 0.4 mg. (hyoscyamine sulfate, 0.305 tories. Tablet: Phénobarbital, 16.2 mg.; phenacetin, 194 A. H. Robins Co., Inc. mg.; atropine sulfate, 0.0$ mg., scopolamine mg.; aspirin, 162 mg.; hyoscyamine sulfate, 0.031 hydrobromide, 0.035 mg.).' me.; pheniramine maleate, 12.5 mg.; phenyl­ Quadrinal-...... Tablet: Phénobarbital, 24 mg.; ephedrine hy­ ephrine hydrochloride, 10 mg. Knoll Pharinaceutical Co. Phénobarbital and atropine. drochloride 24 mg.; theophylline calcium salic­ Tablet: Phénobarbital, H gr.; atropine sulfate, The Blue Line Chemical Co. ylate, 130 mg.; potassium iodide, 300 mg. gr. Do...... Do...... ___ do...... Suspension (5co.): Phénobarbital, 12 mg.; ephed­ Do. Meyers & Co. rine hydrochloride, 12 mg.; theophylline D o...... ___ d o .„,...... Paine Drug Co. Do...... calcium salicylate, 65 mg.; potassium iodide, Tablet: Phénobarbital, fi gr.; atropine sulfate,* The Vale Chemical Co., Inc. 160 mg. yiso gr. Quintrate with Nitroglycerin Phénobarbital with atropine Tablet: Phénobarbital, 15 mg.; pentaerythrityl Paul B. Elder Co., Inc. (Glynn Tablet: Phénobarbital, 8 mg.; atropine sulfate, The Zemmer Co. and Phénobarbital. tetranitrate, 20 mg.; nitroglycerin, 0.4 mg. sulfate 0.06 mg. A. Beard). Phénobarbital with atropine Quintrate with Phenobarbital. Tablet: Phénobarbital, 15 mg.; pentaerythrityl Do. Tablet: Phénobarbital, 15 mg.; atropine sulfate. Do. tetranitrate, 10 mg. sulfate No. 2 0.12 mg. Phénobarbital with atropine Do...... Tablet: Phénobarbital, 15 mg.; pentaerythrityl Dtf. Tablet: Phénobarbital, H gr.; atropine sulfate, Buffington’s, Inc. tetranitrate, 20 mg. sulfate. )6oo gr. Phénobarbital chlorpromazine hydrochloride, 10 mg. Laboratories. North American Pharmaeal, Do. Spastosed___ Tablet: Phénobarbital, 8 mg.; atropine sulfate, Thora-Dex No. 2______Tablet: Dextroamphetamine sulfate, 5 mg.; 0.13 mg.; calcium carbonate, 227 mg.; magne­ Inc. chlorpromazine hydrochloride, 25 mg. sium hydroxide, 162 mg. Tablet: Phénobarbital, 32 mg.; theophylline P. J. Noyes Co. Detroit First Aid Co. Thymodyne...... Special Formula 711- Tablet: d-Amphetamine sulfate, 2.5 mg.; me- anhydrous, 130 mg.; ephedrine sulfate, 24 mg. phenesin, 500 mg.; salicylamide, 300 mg. Tablet: Phénobarbital, 16 mg.; thiphenamu Wm. P. Poythress & Co., Inc. Wm. P. Poythress & Co., Inc. Trocinate with Phenobarbital. Synirin. Tablet: Pentobarbital, 8 mg.; aspirin, 324 mg ... hydrochloride. 100 mg. . Tablet: Phénobarbital 16, mg.; theobromine Do. Burroughs Wellcome & Co. TCS__ _ Tricoloid...... — v ------Tablet: Phénobarbital, 16 mg.; tncyclamol salicylate, 0.4 gm.; calcium salicylate, 0.06 gm. chloride, 50 mg. . ,. , Tablet: Butabarbital, 25 mg.; theophylline, 130 Warner-Chilcott Laboratories. The Vale Chemical Co., Inc. Tedral-25...... Triophen...... Tablet: Phénobarbital, M gr.; atropine sulfate, mg.; ephedrine hydrochloride, 24 mg. Uoo gr.; magnesium trisilicate, 7 gr. Do. Tedral S.A----- Tablet: Phénobarbital, 25 mg.; theophylline, Tablet: Phénobarbital, 15 mg.; cryptenamuje, Neisler Laboratories, Ino. 180 mg.; ephedrine hydrochloride, 48 mg. Unitensen-Phen...... Tablet: Phénobarbital, 8 mg.; chlorphenira­ Do. Endo Laboratories Inc. Tedral Anti-H. Valpin-PB—.'...... Tablet' or elixir (5 cc.): Phénobarbital, 8 mg.; mine maleate, 2 mg.; theophylline, 130 mg.; anisotropine methylbromide, 10 mg.

ephedrine hydrochloride, 24 mg. Buffington’s, Inc. REGULATIONS AND RULES Do. Vasorutin...... Tablet: Diallylbarbituric acid, M gr.; nitroglyc­ Tedral Suppositories Double Suppository: Phénobarbital, 16 mg.; theophyl­ erin, Mso gr.; sodium nitrate, 1 gr.; tincture line, 260 mg.; ephedrine hydrochloride, 48 mg. Strength.. Do. crataegus, 2 minims; rutin, 20 mg. Tedral Suppositories Regular Suppository: Phénobarbital, 8 mg.; theophyl­ Tablet: Phénobarbital, 15 mg.; cryptenamine, Neisler Laboratories, Inc. line, 130 mg.; ephedrine hydrochloride, 24 mg. Veraflex. Strength. Knoll Pharmaceutical Co. 65 CSR (carotid sinus reflex) units; rutin, 20 Tensodin...... Tablet: Phénobarbital, 15 mg.; ethaverine hy­ mg. drochloride, 30 mg.; theophylline calcium Tablet: Phénobarbital, 15 mg.; veratrum virlde, The Zemmer Co. salicylate, 200 mg. Veralzem. P. J. Noyes Co. 60 mg.; sodium nitrite, 60 mg. Tensophen. Tablet: Phénobarbital, 16 mg.; nitroglycerin, Neisler Laboratories, Inc. Veratrite. Tablet: Phénobarbital, X gr.; cryptenamine, 40 0.26 mg.; sodium nitrite, 32 mg.; podophyllin, CSR (carotid sinus reflex) units; sodium 1 mg.; extract beef bile, 16 mg. nitrite, 1 gr. . ,, Thedrizem. Tablet: Phénobarbital, 8 mg.; theophylline, The Zemmer Co. S. J. Tutag and Co. Veritag... Tablet: Phénobarbital, 16 mg.; veratrum virlde, hydrous, 100 mg.; ephedrine hydrochloride, 40 mg.; sodium nitrite, 65 mg. 25 mg. . . . Tablet: Phénobarbital, X gr.; veratrum virlde, Burt Krone Co. Tablet:/ Phénobarbital, 32 mg.; theobromme, Mallinckrodt Pharmaceuticals, Vertegus. Theobarb- Division of Mallinckrodt gr.; sodium nitrite, 1 gr.; mistletoe, X gr-; 325 nig. hawthorn berries, Xt,gr. - Chemical Works. The Zemmer Co. Do. Veruphen. Tablet: Phénobarbital, 15 mg.; rutin, 20 mg.; Theobarb-R...... -...... Tablet: Phénobarbital, 10 mg.; reserpine, 0.1 veratrum viride, 15 mg.; sodium nitrite, 60 mg. mg.; theobromine, 324 mg. Lemmon Pharmaeal Co. Do. Viritin...... Tablet: Phénobarbital, 15 mg.; mannitol hexa- Theobarb Special...... Tablet: Phénobarbital, 16 mg.; theobromme, nitrate, 30 mg.; veratrum viride alkaloids, 325 mg. . P. J. Noyes Co. 1.5 mg.; rutin, 20 mg. . „ Theobromine and phénobar­ Tablet: Phénobarbital, 16 mg.; theobromme, Tablet: df-Desoxyephedrme hydrochloride, 5 The Vale Chemical Co., Inc. Weytabs No. 1. bital. 0.3 gm...... mg.; thyroid, 60 mg.; atropine sulfate, 0.125 Tablet: Phénobarbital, 30 mg.; theobromme, The S. E. Massengill Co. Theobromine-Phenobarbital__ me.; aloin, 15 mg. . , , .. . 0.3 gm. . , Do. The Upjohn Co. Weytabs No. 2. Tablet: df-Desoxyephedrine hydrochloride, 5 Do. Tablet: Phénobarbital, 32 mg.; theobromme, mg ; thyroid, 60 mg.; atropine sulfate, 0.125 324 mg. mg. Theobromine-Phenobarbital Tablet: Phénobarbital, M gr.; theobromine, Do. Weytabs No. 3. Tablet: Phénobarbital, 15 mg.; df-desoxyephe- Compound. 2M gr.; potassium iodide, 2M gr.; potassium drine hydrochloride, 5 mg.; thyroid 60 mg. bicarbonate, 2 gr. Warren-Teed Pharmaceuticals Buffington’s Inc. W-T ...... Powder (4 gm.): Phénobarbital, 15 mg.; bella­ Theobromine with Phénobar­ Tablet: Phénobarbital, 15 mg.; theobromme, donna extract, 10 mg. (0.12 mg. belladonna Inc. 324 mg. -, > . bital No. 1. Paul B. Elder Co., Inc. alkaloids); benzocaine, 15 mg.; calcium carbon­ Theobromine and sodium ace­ Tablet: Phénobarbital, M gr.; theobromme and ate, 1.55 gm.; magnesium oxide, 0.5 gm.; alu­ tate with phénobarbital. sodium acetate, 3 gr. The Zemmer Co. minum hydroxide gel, dried, 60 mg. Theobromine sodium salicylate Tablet: Phénobarbital, 15 mg.; theobromme Tablet: Phénobarbital, Me gr-! belladonna ex­ sodium salicylate, 300 mg. W-T. with phénobarbital. Haack Laboratories, Inc. tract, gr-; benzocaine, Me gr.; calcium car­ Theocardone No. 1...... Tablet: Phénobarbital, 15 mg.; theobromme, bonate, 6 gr.; magnesium trisilicate, 3M gr.' 300 mg. , - Do. aluminum hydroxide gel, dried, 2M gr.; chloro­ Theocardone No. 2. Tablet: Phénobarbital, 30 mg.; theobromme phyll extract, 1%. ,, . 300 mg...... Pitman-Moore. The Vale Chemical Co., Inc. Xaniophen.. Tablet: Phénobarbital, 16.2 mg.; theobromme Theodide______Tablet: Phénobarbital, X gr.; potassium iodide, 162 mg.; ethylenediamine dihydriodide, 32.4 2M gr.; theobromine sodium salicylate, 2M gr. Brayten Pharmaceutical Co. mg. Theoglycinate with Phénobar­ Tablet: Phénobarbital, 16 mg.; theophyllin-so- Tablet: Phénobarbital, 8 mg.; tocamphyl, 75 The S. E. Massengill Co; dium glycinate, 324 mg. Zallogen Compound. bital. Do. mg.; homatropine methylbromide, 2.5 mg. Theoglycinate with Racephe- Tablet: Phénobarbital, 16 mg.; theophylline-so­ Tablet: Cyclopentenylallylbarbituric acid, M The Upjohn Co. Zantrate______drine and Phénobarbital. dium glycinate, 324 mg.; racephedrine hydro­ gr.; ephedrine sulfate, % gr.; theophylline an­ chloride, 24 ing. hydrous, 2 gr. „ . . . Tablet: Phénobarbital, 15 mg.; theobromine so­ The S. E. Massengill Co. The Zemmer Co. Theoplaphen------Zem-Dab. Tablet: Butabarbital sodium, 10 mg.; dehydro- dium salicylate, 0.2 gm.; calcium lactate, 0.1 cholic acid, 60 mg.; ox bile desiccated, 120 mg.: gm. homatropine methylbromide, 2.5 mg. Tablet: Phénobarbital, 32 mg.; theobromme Winthrop Laboratories. Stayner Corp. Theominal. No. 23___ Tablet: Phénobarbital, M gr.; aminophyllme, 1 320 mg. 3 gr.

FEDERAL REGISTER, VOL. 32, N O . 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 203

E xempted P rescription Drugs— Continued S tat. 230; 21 U.S.C. 3 5 2 (d ), 3 5 3 (b ) (1 ), (3 ), 360a(f)(2)) Trade name or other Composition Manufacturer or supplier designation Dated: December 21,1966.

J a m e s L . G o d d a r d , No. 35...... Tablet: Phénobarbital, 54 gr.; aminophylline, Do. Commissioner of Food and Drugs. 1.5 gr.; ephedrine sulfate, 54 gr. No. 36...... ,,— h. Tablet: Pentabarbital sodium, 54 gr.; ephedrine Do. [F .R . Doc. 67-3; F iled , Jan. 9, 1967; sulfate, 54 gr.; aminophylline. 3 gr. 8:45 a jn .] No. 65...... wj Tablet: Phénobarbital, 54 gr.; extract bella­ Do. donna, 54 gr. No. 66...... —— — Tablet: Phénobarbital, 54 gr.; extract bella­ Do. donna, )4 gr. No. 75______- - _ - Tablet: Phénobarbital, 54 gr.; belladonna. 54 gr. Bariatric Corp. No. 88...... — — Tablet: Phénobarbital, 54 gr.; aminophylline, Stayner Corp/ 1.5 gr. Title 5— ADMINISTRATIVE No. 89— — __ — __ — at- Tablet: Phénobarbital, 54 gr.; aminophylline, Do. 54 gr. No. I l l - ...... : ___ _ Tablet: Phénobarbital, 54 gr.; ephedrine sulfate, Do. PERSONNEL 54 gr. No. 136______—— Tablet: Phénobarbital, 20 mg.; homatropine Do. Chapter VII— Advisory Commission methylbromide, 5 mg. No. 643— _____— ...... Tablet: Phénobarbital, 54 gr.; theophylline, 2 Do. on Intergovernmental Relations gr.; ephedrine hydrochloride, 54 gr. Rx. N o. 4104...... Tablet: Phénobarbital, 54 gr.; calcium carbonate, The Zemmer Co. PART 1700— EMPLOYEE RESPONSI­ 754 gr.; magnesium oxide, 4 gr.; atropine sul­ fate, 54oo gr. BILITIES AND CONDUCT Rx. N o. 4105______Tablet: Phénobarbital, 54 gr.; calcium carbonate, Do. 10 gr.; atropine sulfate, 54oo gr. Pursuant to and in accordance with Rx. No. 4108...... Capsule: Phénobarbital, 54 gr.; atropine sulfate, Do. sections 201 through 209 of Title 18 of 54oo gr.; calcium carbonate, 654 gr.; magnesium oxide, heavy, 2 gr. the United States Code, Executive Order Rx. No. 4123...... -...... Capsule: Phénobarbital, 54 gr.; bismuth subgal­ Do. 11222 of May 8, 1965 (30 F.R. 6469), and late, 5 gr.; extract belladonna, 54 gr. Title 5, Chapter I, Part 735 of the Code Rx. No. 4126.. ______Capsule: Pentabarbital sodium, 15 mg.; extract Do. belladonna, 10 mg. of Federal Regulations, Chapter V H of Rx. No. 4143...... Capsule: Phénobarbital, 54 gr.; aminophylline, Do. Title 5, consisting of Part 1700 is cor­ 1.5 gr.; potassium iodide, 1 gr. Rx. N o. 4152 Tablet: Phénobarbital, 54 gr.; atropine sulfate, Do. rected to read as follows: 54oo gr. Sec. Rx. No. 4155- ...... Tablet: Phénobarbital, 54 gr.; atropine sulfate, Do. Mooo gr.; aluminum hydroxide gel. 354 gr.; 1700.735- 101 Adoption of regulations. kaolin, 354 gr. 1700.735- 102 Review of statements of em­ Rx. No. 4170___;______Tablet: Phénobarbital, 54 gr.; atropine sulfate, Do. ployment and financial in­ 54oo gr.; calcium carbonate, 10 gr. Rx. No. 4184______Capsule: Sodium butabarbital, 15 mg.; bella- Do. terests. donna extract, 15 mg. 1700.735- 103 Disciplinary and other reme­ dial action. ***** 1700.735- 104 Gifts, entertainment, and drug in section 201 (v) of the act (21 favors. § 166.18 Label symbol. U.S.C. 321 (v)) and that may be lawfully 1700.735- 105 Outside employment. ***** sold over-the-counter without a prescrip­ 1700.735- 108 Specific provisions of Commis­ (d) * * * tion. The Commissioner of Food and sion regulations governing Drugs finds that said order clarifies or special Government em­ (1) All drugs subject to control on ployees. February 1, 1966, as set forth in para­ makes more explicit the exemption of certain habit-forming drugs from pre­ 1700.735- 109 Statements of employment and graph (a) of this section, and packaged financial interest. after September 1, 1966, must bear the scription dispensing requirements set symbol. forth in § 165.5(d) which, therefore, A u t h o r it y : The provisions of this Part should be revised as set forth below. 1700 issued un der E. O. 11222, 30 P .R . 6469, This order exempts certain drugs from 3 C F R , 1965 Supp.; 5 C F R 735.101, e t seq. the requirements of section 511 of the Accordingly, under the authority vest­ Federal Food, Drug, and Cosmetic Act ed in the Secretary of Health, Education, § 1700.735—101 Adoption o f regula­ and is, accordingly, nonrestrictive in na­ and Welfare by the Federal Food, Drug, tions. ture; therefore, I find that notice and and Cosmetic Act (secs. 502(d), 503(b) Pursuant to § 735.104(f) of this title, public procedure are unnecessary pre­ (1), (3), 511(f)(2), 52 stat. 1050, as the Advisory Commission on Intergov­ requisites to this promulgation. amended, 1052, as amended, 79 Stat. 230; ernmental Relations (referred to herein­ 21 UJS.C. 352(d), 353(b) (1), (3), 360a after as the Commission) hereby adopts Effective date. This order shall be­ (f ) (2 )) and delegated by him to the come effective April 1,1967. the following sections of Part 735 of this Commissioner (21 CFR 2.120; 31 F.R. title §§ 735.101, 735.102, 735.202 (a ), (c), (Secs. 5 1 1 (f), 7 0 1 (a ), 52 S tat. 1055, 79 Stat. 3008), § 165.5(d) is revised to read as (d ), (e), 735.210, 735.302, 735.303(a), 230; 21 U.S.C. 360a(f), 371(a)) follows: 735.304, 735.305(a), 735.403 (a ), (b), Dated: December 21,1966. § 165.5 Exemption o f certain habit­ 735.404-735.411, 735.412 (b) and (d). forming drugs from prescription re­ These adopted sections are modified and J a m e s L . G o d d a r d , quirements. supplemented as set forth in this part. Commissi&ner of Food and Drugs. ***** [F.R. Doc. 67-4; P ile d , Jan. 9, 1967; § 1700.735—102 Review o f statements of 8:45 a.m.J (d) Combination drugs listed in § 166.8 employment and financial interests. (a) of this chapter as exempted from Each statement of employment and fi­ PART 165— HABIT-FORMING DRUGS section 511 of the act. nancial interests submitted under this Since this amendment clarifies or part shall be reviewed by the Executive Exemption From Prescription makes more explicit a previous exemp­ Director. When this review indicates a Dispensing Requirements tion under provisions of the Federal conflict of interest of an employee or Food, Drug, and Cosmetic Act, I find that special Government employee of the In this issue of the F e d e r a l R e g is t e r , notice and public procedure are unneces­ Commission and the performance of his r>u^r?er *s Puk^she

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 204 RULES AND REGULATIONS tempt to resolve the indicated conflict. except that § 735.203(b) of this title is the date of publication in the F ederal If the indicated conflict cannot be re­ not applicable to a special Government R e g is t e r . solved, the Executive Director shall for­ employee. New Subpart H is added as follows: ward a written report on the indicated (c) Pursuant to § 735.305(b) of thisSec. conflict to the Chairman, Advisory Com­ title, the Commission authorizes the 57.701 D efin itio n s. mission on Intergovernmental Relations. same exceptions concerning gifts, enter­ 57.702 E lig ib ility . tainment, and favors for special Govern­ 57.703 S p ecified curriculum s. § 1700.735—103 Disciplinary and other 57.704 E q u iva len ts o f degrees. remedial action. ment employees as are authorized for em­ ployees by § 1700.735-104. 57.705 A ccre d itation . An employee or special Government 57.706 A p p lic a tio n . employee of the Commission who violates § 1700.735—109 Statements o f employ­ 57.707 Assurances requ ired. ment and financial interests. 57.708 D eterm in a tio n o f curriculum s for any of the regulations in this part or computing basic improvement adopted under § 1700.735-101 may be (a) In addition to the employees re­ gran ts. disciplined. The disciplinary action may quired to submit statements of employ­ 57.709 D eterm in a tio n o f n u m ber o f s tu -. be in addition to any penalty prescribed ment and financial interests under dents. by law for the violation. In addition to, § 735.403 (a) and (b) of this title, em­ 57.710 G ra n t awards. or in lieu of, disciplinary action, remedial ployees in the following named positions 57.711 A m o u n t o f grants. action to end conflicts or appearance of shall submit statements of employment 57.712 Expenditure of grant funds, 57.713 N on d iscrim in a tio n . conflicts of interest may include but is and financial interest to the Executive 57.714 Paym en ts. not limited to: Director. 57.715 Records, reports, inspection. (a) Changes in assigned duties; Assistant Director, Taxation and Finance. 57.716 T e rm in a tio n o f grants. (b) Divestment by the employee of his Assistant Director, Governmental Structure A uthority : The provisions of this Sub­ conflicting interests; or and Functions. part H issued under sec. 215(b) of the Public (c) Disqualification for a particular Senior Analyst, Taxation and Finance. Health Service Act as amended, 58 Stat. 690; assignment. (b) The statement of employment and 42 U.S.C. 216(b). Interpret or apply secs. § 1700.735—104 Gifts, entertainment, financial interests required by this sec­ 792 and 795 of the Public Health Service Act as amended, 80 Stat. 1226-1229. and favors. tion shall be submitted by the Executive The Commission authorizes the ex­ Director to the Chairman of the § 57.701 Definitions. ceptions to § 735.202(a) of this title set Commission. As used in this subpart: forth in § 735.202(b) ( l ) - ( 4 ) of this title. (c) A statement of employment and (a) “Act” means the Public Health financial interests is not required under § 1700.735—105 Outside employment. Service Act, as amended. this part from Members of the Commis­ (b) “Surgeon General” means the (a) An employee of the Commission sion. Members of the Commission are Surgeon General of the Public Health may engage in outside employment or subject to 3 CFR 100.735-31 and are re­ Service or any other officer or employee other outside activity not incompatible quired to file à statement only if re­ of the Public Health Service to whom the with the full and proper discharge of the quested to do so by the Counsel to the Surgeon General has delegated authority duties and responsibilities of his Govern­ President. to act in his behalf to carry out the pur­ ment employment. An employee who This Part 1700 was approved by the poses of Part G of Title V n of the Act. engages in outside employment shall re­ Civil Service Commission on August 19, (c) “Training Renter for the Allied port that fact in writing to his supervisor. 1966. Health Professions” or “center” means a (b) Employees and special Govern­ This Part 1700 shall become effective junior college, college, or university ment employees of the Commission may upon publication in the F e d e r a l R e g ­ which provides training in one or more engage in teaching, writing, and lectur­ i s t e r . of the allied health professional or tech­ ing: Provided, however, Employees and W m . G. C o l m a n , nical curriculums listed in § 57.703 and special Government employees shall not Executive Director. which meets the requirements specified receive compensation or anything „ of [F .R . D oc. 67-210; F iled , Jan. 9, 1967; in section 795(1) of the Act. monetary value for any consultation, dis­ 8:45 a.m .] (d) “Curriculum” means that portion cussion, writing, lecturing, or appearance of a program of study leading to an as­ the subject matter of which is devoted sociate or baccalaureate degree or to the substantially to the specific responsibil­ equivalent of either or to a higher degree ities, programs, or operations of the Com­ Title 42— PUBLIC HEALTH which the center demonstrates to be the mission, or which draws substantially Chapter I— Public Health Service, De­ professional or technical component of on official data or ideas which have not the program of study. partment of Health, Education, and been published or otherwise publicly re­ (e) “Full-time student” means a stu­ leased by the Commission. The fore­ i Welfare dent who (1) is enrolled in a curriculum going limitation on the receipt of com­ SUBCHAPTER D— GRANTS (as defined in paragraph (d) of this sec­ pensation or anything of monetary value tion and specified in § 57.703(a)) not shall not be construed as applying to PART 57— GRANTS FOR CONSTRUC­ exceeding the last 2 academic years plus amounts received for reimbursement for TION OF HEALTH RESEARCH FA­ a period of clinical experience not longer travel and other expenses incurred in CILITIES (INCLUDING MENTAL RE­ than 24 months required for professional performing the outside employment. TARDATION RESEARCH FACILITIES), certification, registration, or licensure, § 1700.735—108 Specific provisions of TEACHING FACILITIES, STUDENT or who is enrolled in the last academic Commission regulations governing year of a curriculum specified in § 57.703 special Government employees. LOANS, EDUCATIONAL IMPROVE­ (b ), and (2) is enrolled for sufficient MENTS AND SCHOLARSHIPS (a) The term “special Government number of credit hours or their equiva­ employee” as used in this part means an Subpart H— Grants To Improve the lent to complete the requirements for such degree within the number of se­ officer or employee who is retained, desig­ Quality of Training Centers for Al­ nated, appointed, or employed by the mesters or other academic terms usually Commission to perform, with or without lied Health Professions required therefor by the center in w hich compensation, for noi more than 130 Notice of proposed rule making, public he is enrolled. days during any period of 365 consecu­ rule making procedures and postpone­ (f) “Junior college” means an aca­ tive days, temporary duties either on a ment of effective date have been omitted demic institution providing programs of full-time or intermittent basis. in the issuance of the following Subpart posthigh school education and offering (b) Special Government employees H—Grants to Improve the Quality of the associate degree as the highest shall adhere to the standards of conduct Training Centers for Allied Health Pro­ earned academic award. applicable to employees set forth in this fessions, which relates solely to grants. (g) “Council” means a national ad­ part and adopted under § 1700.735-101, This addition shall become effective on visory council appointed to advise the

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 205

Surgeon General on matters relating to (1) Medical Technologist. (a) An application for a basic improve­ the Allied Health Professions. (2) Optometric Technologist. ment grant shall include a description (h) “Construction” for purposes of (3) Dental Hygienist. of the manner and method by which all improvement grants includes (1) the (4) Radiologic Technologist funds granted will be utilized by the ap­ construction of new buildings or the ac­ (5) Medical Records Librarian. plicant to improve the curriculums spec­ quisition of existing buildings (including (6) Dietitian. ified in § 57.703 for which grant support related costs such as architects’ fees, (7) Occupational Therapist. is sought. acquisition of land, and off-site improve­ (8) Physical Therapist. (b) An application for a special im­ ments), (2) the expansion, remodeling, (b) Basic and special improvementprovement grant shall include a plan alteration and repair of existing build­ grant funds authorized under section setting forth specifically the manner and ings except where the cost with respect 792 of the Act may also be used to develop methods by which both basic and special to any single project is less than $50,000, and improve curriculums which qualify improvement grant funds will be used and (3) the initial equipping of such students for the associate degree or its (1) to contribute toward provision, buildings. equivalent and for employment as one maintenance or improvement of the <$V “Budget year” means the 12- of the following: specialized function which the training month period specified in the grant (1) X-ray Technician. center serves and (2) to establish or im­ award document. ( 2 ) Medical Records Technician. prove the curriculums specified in (j) “Fiscal year” means the Federal ( 3 ) Inhalation Therapy Technician. § 57.703. fiscal year beginning on July 1 and end­ ( 4 ) Dental Laboratory Technician. ing on the following June 30. (5) Dental Hygienist. §57.707 Assurances required. § 57.702 Eligibility. (6) Dental Assistant. In addition to any other requirements (7) Ophthalmic Assistant. imposed by law, each improvement grant (a) To be eligible for a basic improve­ (8) Occupational Therapy Technician. shall be subject to the condition that the ment grant under the Act, the applicant (9) Food Service Assistant. applicant will furnish and comply with shall: (c> Curriculums which lead to an as­ the following assurances and require­ (1) Meet the applicable requirements sociate degree or its equivalent must be ments. The Surgeon General may re­ of sections 792 and 795 of the Act and of fully creditable toward a baccalaureate quire additional assurances where he these regulations; degree or designed to prepare students finds that such additions are necessary (2) File an application as required in for employment in the categories speci­ to carry out the purposes of the Act. §57.706; fied in paragraph (b) of this section. (a) With respect to the assurance re­ (3) Be located in a State, the District Fully creditable toward a baccalaureate quired by section 792(d) (2) of the Act, of Columbia, Puerto Rico, the Virgin Is­ degree means that the associate degree relating to the continued expenditure of lands, American Samoa, or Guam; and or its equivalent is acceptable as 2 aca­ non-Federaj funds, the amounts of non- (4) Have as one of its institutional demic years of college credit as deter­ Federal funds to be expended during the components a teaching hospital which mined by one or more institutions which fiscal year for which the grant is sought provides the hospital component of the offer the baccalaureate degree in the rel­ and expended during the 3 fiscal years clinical training required for completion evant curriculum. immediately preceding the fiscal year for of the curriculums listed in § 57.703 for which the grant is sought shall be de­ § 57.704 Equivalents o f degrees. which grant support is sought, or be termined on the basis of the non-Federal affiliated with one or more such hos­ (a) A certificate, diploma, or other funds expended in support of those cur­ pitals by means of an agreement which document awarded by the center which riculums for which grant support is provides for effective coordination of ac­ signifies satisfactory completion of a pro­ sought and exclude the cost of construc­ ademic and clinical components of these gram of study of not less than 2 academic tion as defined in § 57.701 (h ). cumculums and their supervision by the years shall be considered to be the equiv­ (b) With respect to the assurance re­ faculty of the center. alent of an associate degree. quired by section 792(b) (2) of the Act (b) To be eligible for a special im­ (b) In the curriculums which include relating to increased enrollment, the cen­ provement grant under the Act, the ap­ a clinical component that is undertaken, ter shall, except as otherwise provided plicant must: in whole or in part, after the awarding in this paragraph, furnish such rea­ (1) Have filed an application for a of the baccalaureate degree, but not sonable assurances as the Surgeon Gen­ basic improvement grant which has been creditable to a higher degree, the certif­ eral may require that for the first school approved by the Surgeon General; icate or document which signifies satis­ year beginning after the fiscal year for *2) Demonstrate in its application factory completion of the clinical ex­ which the grant is made and each school that the special improvement grant funds perience, shall be considered to be the year thereafter during which a grant is will be utilized to contribute toward pro­ equivalent of a baccalaureate degree. made, the enrollment of full-time stu­ vision, maintenance, or improvement of dents in such center in curriculums for § 57.705 Accreditation. the specialized functions which the cen­ which grant support is sought will exceed ter serves, and Applicant colleges and universities the highest enrollment in such curricu­ (3) Demonstrate in its application must be accredited by a recognized body lums for any of the 5 school years during that during the academic year following or bodies approved for such purpose by the period July 1, 1961, through July 1, the first budget year students will be re­ the Commissioner of Education. (See 1966, by at least 2 Yz per centum of such ceiving training in three or more of the also § 57.707(e)). Junior colleges must enrollment, or by three students, which­ curriculums specified in § 57.703 and that be accredited by the regional accredit­ ever is greater. (See §§ 57.701(e) and ing agency for the region in which they 57.709(c) for determining number of such curriculums will be administered as are located or provide satisfactory as­ full-time students.) This increase shall a school, department, division, or other surance afforded by such accrediting be in addition to the increase of 5 per administrative unit under the direction agency to the Surgeon General that centum required under section 791(b) (2) of a Dean or other such official. reasonable progress is being made toward (B ) (iv) of the Act with respect to a con­ accreditation. § 57.703 Specified curriculums. struction grant application, where assur­ § 57.706 Application. ance of such increase has been given by (a) Basic and special improvement Each center desiring an improvement the center. Where a training center can­ grant funds authorized under section 792 grant under the Act shall submit an ap­ not, because of limitations of physical o the Act may be used to develop and plication in such form and at such time facilities, increase its enrollment as re­ improve curriculums which qualify stu- as the Surgeon General may require. quired by section 792(b) (2) of the Act, Such application shall be executed by an ents for the baccalaureate degree or its such training center may request the individual authorized to act for the ap­ equivalent or masters degree to the ex- Surgeon General to waive, in whole or in ent required to meet the basic profes­ plicant and to assume on behalf of the applicant the obligations imposed by the part (in accordance with the last sen­ sional requirements for employment as terms and conditions of any award, in­ tence of sec. 792(b)(2) of the Act), the one of the following; cluding the regulations of this subpart. assurance of increased enrollment. The FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 206 RULES AND REGULATIONS training center shall in its application Surgeon General are received that a sioner of Education and the Commis­ state the reasons why the required in­ minimum of six full-time students re­ sioner of Vocational Rehabilitation. crease in enrollment of full-time stu­ ceived training in each such curriculum § 57.712 Expenditure of grant funds. dents in such center cannot, because of on such date. limitations of physical facilities available (c) For purposes of the assurance re­ (a) Basic improvement grant funds to the center for training, be accom­ quired by section 792(b) (2) of the Act, may be obligated by the center at any plished without lowering the quality of the number of full-time students enrolled time between the beginning of the budget training for such students. at the center for any of the 5 school years year, and the end of the 12-month pe­ (c) The applicant shall provide assur­ during the period July 1, 1961, through riod following the budget year, for any ance satisfactory to the Surgeon General July 1, 1966, and for any school year purpose which will strengthen, develop, that the funds for which applications is after the first budget year shall be the or improve the curriculums for which made will be used in a manner which number of full-time students receiving the grant is made but may not be ex­ will supplement grants, if any, received training on October 15 of such year in pended for the purposes listed in para­ for the support of allied health profes­ curriculums which are specified in graph (c) of this section. Any funds sions training from other Federal sources § 57.703 for which a grant is sought. not so obligated must be refunded to the and will not be charged with expenses Public Health Service. § 57.710 Grant awards. which are being paid from grants from (b) Special improvement grant funds other Federal sources. (a) After consultation with the Coun­ may be expended only to carry out (d) With respect to an application for cil, the Surgeon General shall award a the purposes of the special improve­ a basic improvement grant, the appli­ basic improvement grant to each appli­ ment plan set forth in the center’s ap­ cant shall provide assurance satisfactory cant whose application he has approved plication and approved by the Surgeon to the Surgeon General that the center after determining that it meets the re­ General. Any unobligated special im­ has a plan for developing within a rea­ quirements of the Act and the regulations provement funds remaining in the grant sonable time a coordinated program of in this subpart. account at the close of a budget year, will be carried forward and will be avail­ t r a in in g for the health occupations in a (b) The Surgeon General may award school, department, division, or other ad­ a special improvement grant to any ap­ able for obligation during subsequent ministrative unit or under the general plicant after consultation with the Coun­ budget years. The amount of the sub­ supervision of a standing committee of cil, and after the Surgeon General deter­ sequent award will take into considera­ the faculty. mines that such grant will be utilized tion the amount remaining in the grant (e) With respect to those curriculums by the applicant in accordance with the account. At the end of the last budget which lead to the baccalaureate or purposes specified in section 792(c) of the year any unobligated special improve­ equivalent degree or to a higher degree, Act. In making special improvement ment funds remaining in the grant ac­ count must be refunded to the Public the applicant shall provide assurance grants, the Surgeon General shall give satisfactory to the Surgeon General that consideration to the following factors: Health Service. (c) Basic or special improvement such curriculums will qualify graduates (1) The relative financial need of the grant funds may not be expended for for eligibility for professional certifica­ applicant for such grant. tion, registration, or licensure, or such the following purposes: (2) The relative effectiveness of the (1) Construction (as defined in other professional recognition as the applicant’s proposal in contributing Surgeon General may find acceptable. § 57.701): Provided, however, That the toward provision, maintenance, or im­ Surgeon General may in particular cases § 57.708 Determination of curriculums provement of the specialized function approve the expenditure of improvement for computing basic improvement which the center serves. grant funds for remodeling, alteration, grants. (3) The extent to which the appli­ and repair of existing buildings in ex­ For purposes of computing the amount cant’s proposal contributes to an equita­ cess of $50,000 where he finds that such of the basic improvement grant, the ble geographical distribution of centers expenditure is necessary in order to im­ number of curriculums shall be the num­ offering high quality training in the prove the quality of the curriculums for ber of curriculums specified in § 57.703 curriculums specified in § 57.703. which the grant is made; for which the applicant provides assur­ § 57.711 Amount o f grants. (2) Research; ance satisfactory to the Surgeon General (3) Research Training; that a minimum of six full-time stu­ (a) The amount of each basic im­ (4) Student assistance; dents received training in each such cur­ provement grant shall be an amount (5) Patient care; or riculum on October 15 of the fiscal year computed in accordance with section (6) Operation of hospitals. in which the application is made. 792(b) (1) of the Act. Where the § 57.713 Nondiscrimination. amount of funds available for any Fed­ § 57.709 Determination of number of eral fiscal year is less than the total of (a) Attention is called to the require­ students. the amounts computed, the grant ments of Title V I of the Civil Rights Act (a) For purposes of section 795(1) (B) awarded to each center shall be reduced of 1964 (78 Stat. 251: P.L. 88-352) which of the Act, the number of students to proportionately. provides that no person in the United which a center provides training in one (b) Within the limits of available States shall, on the ground of race, color or more of the curriculums specified in funds and the restrictions specified in or national origin be excluded from par­ § 57.703 shall be the number of full-time section 792(c)(3) of the Act with re­ ticipation in, be denied the benefits of, or students receiving training in such cur­ spect to the maximum amount of the be subjected to discrimination under any riculums on October 15 of the fiscal year grant, the amount of each special im­ program or activity receiving Federal in which application is made, provided provement grant shall be that which financial assistance (section 601). A that assurances satisfactory to the Sur­ the Surgeon General deems to be rea­ regulation implementing such Title VI, geon General are received that a mini­ sonably necessary to carry out the ap­ which is applicable to grants made under mum of six full-time students received plicant’s approved special improvement this part, has been issued by the Secre­ training in each such curriculum on such plan, in evaluating applications and in tary of Health, Education, and Welfare fV»a nwnm uQ 1 nf fVlO PfA R lrfftllt (45 date. determining the amount of special im­ (b) For purposes of computing the provement grants, the Surgeon General CFR Part 80). amount of the basic improvement grant, shall take into consideration the avail­ (b) Each grant for expansion, re­ the number of full-time students in such ability of other Federal financial assist­ modeling, alteration, or repairs shall be center receiving training in each of the ance to the center for the support of subject to the condition that the grantee curriculums offered by the center which curriculums for which application has shall comply with the requirements of are specified in § 57.703 shall be the been made in order to insure comple­ Executive Order 11246 (Sept. 24, 1965), number of full-time students receiving mentary utilization of Federal financial and with the applicable rules, regula­ such training on October 15 of the fiscal support. For purposes of assisting him year in which application is made, pro­ in these considerations, the Surgeon tions and procedures prescribed pursuant vided that assurances satisfactory to the General shall consult with the Commis­ thereto.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 207

§ 57.714 Payments. ing, and a schedule of fees applicable to (3) The area has recreation facilities The Surgeon General shall from time Designated Fee Areas is published below. or sendees provided at Federal expense; to time make payments to a granteee of This revision shall become effective on and all or a portion of any grant award, April 1, 1967. (4) The nature of the area is such either in advance or by way of re­ Part 18 of Subtitle A of Title 43 of the that fee collection is administratively imbursement. Code of Federal Regulations is revised and economically practical. For the to read as follows: purposes of this section, it shall be pre­ § 57.715 Records, reports, inspection. Sec. sumed that it is administratively and (a) Each grant award pursuant to this 18.1 Application. economically feasible to collect fees at a subpart shall be subject to the condition 18.2 Designation. Federal recreation area or closely related that the grantee shall maintain such 18.3 P o stin g. group of Federal recreation areas when­ progress and fiscal reports relating to the 18.4 Types of fees. ever the estimated annual collections use of grant funds as the Surgeon Gen­ 18.5 * Pee for annual permit. equal or exceed estimated costs of col­ 18.6 Pees for short-term permits. eral may find necessary to carry out the 18.7 Validation and display of entrance lection assuming enforcement or when­ purposes of the Act and regulations. perm its. ever the annual visitation exceeds 6,000 (b) Any application for a grant award 18.8 User fees. ~ visitor-days. In addition, other circum­ under this subpart shall constitute the 18.9 E ffe ctive dates o f fees. stances may justify the presumption that consent of the applicant to inspections at 18.10 P e rio d fo r c o lle c tio n o f fees. fee collection is administratively and reasonable times by persons designated 18.11 Enforcement. economically practical. by the Surgeon General of the facilities, 18.12 Exceptions, exclusions, and ' exem p- tions. § 18.3 Posting. equipment and other resources of the 18.13 Public notification. applicant and to interviews with the 18.14 Production, distribution, and sale o f (a) The heads of the administering principal staff members to the extent permits and revision or interpreta­ agencies and departments shall provide that such resources and personnel will be, tio n o f th is part. for the posting of the official designation or are, involved in the project. In addi­ Au t h o r it y : The provisions of this Part 18 sign prescribed in § 18.3(b) hereof at all tion, the acceptance of any grant award are issued u n d er sec. 2, 78 S tat. 897, and entrances to Designated Fee Areas in a under this subpart shall constitute the E x ecu tive O rder 11200. manner such that the visiting public will consent of the grantee to inspections and be clearly notified that recreation fees §.18.1' Application. fiscal audit by such persons of the sup­ are charged therein. Such signs may be ported activity and of progress and fiscal (a) This part is promulgated pursuant used in combination with other entrance records relating to the use of grant to the Land and Water Conservation signs or incorporated into larger en­ funds. , Fund Act of 1965, 78 Stat. 897, and Ex­ trance signs. § 57.716 Termination of grants. ecutive Order 11200. Any recreation fee (b) The official designation sign shall which may be charged by the National be designed as indicated in the rendition Whenever the Surgeon General finds Park Service, the Bureau of Land Man­ below and have the following character­ that a grantee has failed to comply with agement, the Bureau of Sport Fisheries istics: the Act or the regulations of this subpart and Wildlife, the Bureau of Reclamation, (1) Be constructed of enameled steel, he may, on reasonable notice to the the Forest Service, the Corps of Engi­ coated aluminum, silk-screen reflective grantee, withhold further payments. neers, the Tennessee Valley Authority, material attached to wood or metal, or Dated: December 30, 1966. and the U.S. Section of the Interna­ other permanent materials; tional Boundary and Water Commission (2) Consist of the basic elements, pro­ [ se a l] W i l l i a m H . S t e w a r t , (United States and Mexico) shall be se­ portion, and color as indicated below; Surgeon General. lected from the schedule of fees accord­ (3) The color midnight blue shall be Approved: January 3, 1967. ing to the criteria set forth in this part. Pantone Matching System 282; the color gold shall be Pantone Matching System W il b u r J. C o h e n , § 18.2 Designation. 130; Acting Secretary. (a) The heads of the administering (4) The rounded triangle shall be 18 [F.R. Doc. 67-255; P ile d , Jan. 9, 1967; agencies and departments listed in § 18.1 inches in vertical height at all Desig­ 8:49 a.m.J hereof shall at least annually review all nated Fee Areas, except that at those areas under their respective jurisdictions areas entered only by foot, the rounded to determine: triangle may be 9 inches in vertical (1) Whether any additional aieas height; Title 43— PUBLIC LANDS: should, in accordance with the designa­ (5) Contain the words “U.S. Fee Area” tion criteria prescribed in this section, as indicated below. INTERIOR be designated as areas at which recrea­ (c) In addition to the official designa­ Subtitle A— Office of the Secretary tion fees shall be charged; tion sign, all Designated Fee Areas shall (2) Whether the recreation fee for an of the Interior also be prominently posted with at least area theretofore designated should be one other sign of attractive design, easy PART 18— RECREATION FEES increased or reduced; or readability and suitable permanence (3) Whether the designation of an showing, where applicable, fee options The Land and Water Conservation area as one at which fees shall be for entrance or admission, whether user Fund Act of 1965, 78 Stat. 897 (1964), charged should be eliminated. fees are charged, and similar appropriate authorizes the President to provide for (b) An area or closely related group information. It shall contain the words, the establishment of entrance, admis­ of areas shall be designated as an area “Authorized by the Land and Water Con­ sion, and user fees at designated Federal at which fees shall be charged (herein­ servation Fund Act of 1965.” recreation areas. Executive Order 11200 after referred to as Designated Fee (d) An appropriate sized edition of M m *or designation of areas at Area) and fees shall be charged if the the designation sign may be used in con­ winch such fees shall be charged and di­ following conditions are found to exist junction with all signs erected by the rected the Secretary of the Interior to concurrently: administering agency or department adopt such coordination measures as are (1) The area is administered by any which directs the public to a Designated ecessary to carry out the purposes of of the eight agencies specified in § 18.1 Fee Area. ections 2(a) and 4(a) of the Act and hereof; (e) No recreation fee established pur­ p ^,^yov^si°ns of that order. A revised (2) The area is administered primarily suant to this part shall be effective at art 18 providing for criteria for desig- for scenic, scientific, historical, cultural, any Designated Fee Area until that area ation of Federal recreation areas, post­ or recreational purposes; has been posted.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY IQ, 1967 No. 32- 208 RULES AND REGULATIONS The short-term permit shall be valid SPECIFICATIONS FOR OFFICIAL DESIGNATION SIGN only at the one Designated Pee Area for RECOMMENDED MATER IALS which it is purchased. The head of the

12 GAUGE ENAMELED STEEL OR administering agency or department shall select for each area either (l) or •12" D U . ' ,032TREATED ALUMINUM (2), or both. If (2) is selected, he may OR WOOD FIN ISH ED FOR determine the exact fee and its duration EQUIVALENT LIFE within the limits indicated: Provided, All short-term permits shall expire not later than March 31, 1968. The short­ U2 INCH WIDE term permit shall admit without further payment, the purchaser and all who ac­ company him in a private noncommer­ M l ON ITE SLUE P M S 282 cial vehicle for a single visit or series of visits during its period of validity. (c) The fee for a short-term permit charged at Designated Pee Areas, appli­ cable to those entering by any means other than private, noncommercial vehi­ IB1' WHITE cle shall be $0.50 per person per day and shall be valid only at the one Designated Fee Area for which it is purchased. GOLD SCOTCHLITE 0 « OTHER (d) Any of the permits provided for REFLECTOR1ZEO PAINT P M S 130 in paragraphs (b) (1) and (c) of this section shall be valid for a single visit or series of visits to the Designated Fee MOUNTING HOLES Area for which it was purchased during the same calendar day for which it was purchased. In addition, at areas in M IDNIGHT BLUE PM S 282 which overnight use is permitted, such STYM IE BOLD permits shall be valid until noon of the day following purchase, unless such area (SUGGESTED» is posted for an earlier departure time in which case such permits shall be valid DIMENSIONS FOR STANDARD SIGN only until such departure time. to all Designated Pee Areas where en­ § 18.7 Validation and display of en­ trance or admission fees are charged trance permits. during the period for which the permit is valid. In addition, all those who ac- (a) Every annua! permit shall be vali­ company the purchaser in a private, non­ dated by the signature of its owner on the commercial vehicle shall also be admitted face of the permit at the time of its without further charge to Designated receipt. Fee Areas commonly entered by such (b) All annual and short-term per­ vehicles. mits shall be nontransferable, except the (c) “Private, noncommercial vehicle,”annual permit, and those issued pur­ for the purposes of this part, shall in­ suant to § 18.6(b) may be used by mem­ clude any passenger car, station wagon, bers of the purchaser’s immediate family pickup, camper truck, motorcycle, or (spouse and children): Provided, Such other motor vehicle which is conven­ member is driving a private, noncom­ tionally used for private recreation pur­ mercial vehicle duly registered, or under D1MBISJ0NS FOR OPTIONAL poses by a family. rental contract, in the name of a member HALF - SIZE SIGN of that family. FOR WALK.-. MASSAS § 18.6 Fees for short-term permits. (c) Every permit shall be kept on the § 18.4 Types o f fees. (a) For those who choose not to pur­ person of its owner, except that, when­ ever a person enters a Designated Fee There shall be two general types of chase the annual permit, there shall be Area by private, nonconimerciEil vehicle, fees: Entrance or admission fees, and two fees for short-term permits charged user fees. There shall be two types of at Designated Fee Areas where entrance the annual permit or short-term permit entrance or admission fees: A fee for or admission fees are charged: One ap­ shall be displayed on the sun visor or the an annual permit, and a fee for a short­ plicable to those entering by private, dashboard on the left side of such vehicle term permit. noncommercial vehicle, and one appli­ in a manner to be readily visible to per­ § 18.5 Fee for annual permit. cable to those 'entering by any other sons outside the vehicle unless a dif­ means. (a) The annual permit shall be valid ferent manner of display is prescribed for the 12-month period of April 1 (b) The fee for a short-term permit by instructions posted at the area. through March 31 at all Designated Pee applicable to those entering by private, § 18.8 User fees. Areas at which entrance or admission noncommercial vehicle shall be one of fees are charged. The fee for the annual the following at the discretion of the (a) User fees are payable for the use permit for the period April 1, 1967, heads of the administering agencies or of sites, facilities, equipment, or services through March 31, 1968, and each 12- departments: provided by the United States especially month period thereafter shall be $7. (1) $1 per day; or for recreationists in Designated Fee (b) The annual permit shall admit the Areas which include, but are not limited purchaser, regardless of the mode of (2) From $3 to $5 for a period not transportation, without further payment to exceed 6 months. to, well-developed campsites, picnic

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 209 areas, bathhouses, lockers, boat launch­ Range of Usees F ees from time to time to heads of adminis­ ing facilities, boats, other marine equip­ SITES tering agencies and departments guide­ ment, guide services, firewood, and winter lines with respect to enforcement. Camp and trailer sites. $1 to $3 for overnight use. sport facilities. User fees may be Picnic sites______$0.50 to $0.75 per site per day. § 18.12 Exceptions, exclusions, and ex­ charged at Designated Pee Areas singly emptions. or in addition to entrance or admission Persons in Fee range per In the application of the provisions of group group per day1 fees. this part, the following exceptions, ex­ clusions, and exemptions shall apply: (b) User fees shall be selected from Group camping and Up to 50___ $5.00 to $10.00. picnicking sites. 51 to 100____ 10.00 to 20.00. Ca) Nothing contained herein shall within the range of fees in accord with 101 to 200... 20.00 to 40.00. authorize Federal hunting or fishing li­ 201 to 300... 30.00 to 60.00. censes or fees; the criteria below: 301 to 400. . . 40.00 to 80.00. (1) The direct and indirect cost to the 401 to 500... 50.00 to 100.00. (b) No fee shall be charged for the use of any waters; United States of establishing and main­ Boat launching sites. . $0.50 to $1.50 daily fee. (c) No fee shall be charged for travel taining the area; by private, noncommercial vehicle over (2) The quality and variety of recrea­ 1 Any fee 'within the range may be charged the group if any National Parkway, any road or high­ the number of persons 16 years of age and older falls way established as part of the national tion opportunities offered in the area; within the relevant group size limits set for that fee. This fee may be selected in lieu of the above “ Camp and Federal-aid system, or any road within (3) The amount charged for admis­ trailer sites” fee or the above “ Picnic sites” fee, or both. the National Forest System or a public sion to or the use of comparable Federal, No such site shall be the subject of a land area, which, although it is part of user fee unless it contains or is within a larger area, is commonly used by the State, local, and private areas; a reasonable distance of the following public as a means of travel between two (4) The impact of the fee on poten­ facilities: places, either or both of which are out­ side the area; tial development of other outdoor recrea­ (d) No fee shall be charged any per­ Camp Boat tion areas and facilities in the locality Basic facility and Picnic launch­ son in the exercise of a right of access by State and local governments and by required trailer sites ing sites to privately owned lands; sites (e) No short-term entrance or ad­ private investors; mission fee shall be charged at any area Access and circulatory (5) The contributions of State and roads2____ «*...... XXX where more than 50 percent of the land local governments and private contribu­ Parking 2______"XX'X within such area has been donated to the XX United States by a State, unless the Gov­ tions to the maintenance and develop­ Toilet facilities. ______X X X Refuse containers_____ XX X ernor of such State or his designee has ment of the area. XX been advised of such fee at least 60 days Firegrates 8 or fire- (c) User fees may be charged for ad­ XX prior to its establishment and unless any Adequate tent or recommendation of such Governor and ditional types of sites, facilities, equip­ X Boat launching ramps all legal and other obligations of the ment, and services not listed below jrr X United States to such State with respect such amounts as are recommended by to such areas have been taken into 2 Except at campsites accessible only by boat. consideration; the Secretary of the Interior. 8 Not applicable to trailer sites. (f ) No fee shall be charged for access FACILITIES to waters or shorelines by those classes of L o c k ers------$0.25 p e r lock er d aily. persons which have rights thereto under Boat storage and handling ____ _ To be established at a daily, weekly, monthly, or annual treaty or law; rate in accord with the criteria set forth in this section. (g) No fee shall be charged for com­ Vehicle and trailer parking ____ To be established at a daily, weekly, or monthly rate in mercial or other activities not related to accord w ith th e c riteria set fo rth in th is section. recreation; Elevators------A t least $0.10 per p erson p er rou n d trip . (h) No entrance or admission fee shall Ferries or other means of To be established at a rate in accord with the criteria set be charged any person conducting State, transportation. forth in this section. local, or Federal Government business; Bathhouses ------$0.25 to $0.50 p er d ay p er person 6 years or over. (i) No entrance or admission fee shall Swimming pools— r ______To be established at a daily rate in accord with the criteria be charged at any entrance to Great set fo r th in th is section. Smoky Mountains National Park unless Overnight shelters------To be established at a daily rate in accord with the criteria such fees are charged at main highway set forth in this section. and thoroughfare entrances^ EQUIPMENT (j) No entrance or admission fees Boats, row------A m in im u m o f $1 p er b o a t per d ay o r fra c tio n th ereo f. shall be charged at Designated Fee Areas Boats, m otorized------A m in im u m o f $5 p er b o at p er d ay or fra c tio n th ereo f. requiring such fees for persons who have not reached their 16th birthday; SERVICES (k) Under^ authority granted in 80 irewood------T o be establish ed a t a ra te in accord w ith th e criteria set Stat. 258 (1966), Boy Scouts from for­ forth in this section. eign countries or nations, who are in uni­ uided tours------T o be establish ed a t a rate in accord w ith th e c riteria set form and are en routé to or from the fo rth in th is section. 1967 Boy Scout World Jamboree, ijhall be § 18.9 Effective dates of fees. ation use at such an area or closely re­ exempted from all Federal fees collected at Designated Fee Areas. ■Effecttwi April l, 1967, at least one of lated group of areas is insufficient to fees provided for in this part shall make collections equal or exceed admin­ §18.13 Public notification. istrative costs or there are other over­ e charged at every Designated Pee Area. The administering agencies and de­ riding difficulties. § 18.10 Period for collection o f fees. partments shall notify the public of the § 18.11 Enforcement. specific recreation fees which will be (a) Pees shall be charged at all Des- charged for each Designated Fee Area gnated Pee Areas on a yearlong basis. The heads of the administering agen­ cies and departments shall use such legal under their respective jurisdictions. (b ) The heads of the administering means at their disposal to collect fees at Such notification shall be accomplished agencies and departments shall provide Designated Fee Areas and to enforce by posting such information at each area 01'the collection of fees at every Desig­ these fee regulations. The Director, Bu­ and by local public announcements, press nated Pee Area at all times unless recre- reau of Outdoor Recreation* shall issue releases, and other suitable means.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 210 RULES AND REGULATIONS

N ew Mexico P rincipal M eridian § 18.14 Production, distribution, _ and received thereafter shall be considered sale o f permits and revision or inter­ in the order of filing. T . 32 N., R . 13 W ., pretation o f this part. The lands have been open to applica­ Secs. 1 to 12, Inclu sive. tions and offers under the mineral leasing T .3 3 N ., R . 13 W ., (a) The Director, Bureau of Outdoor laws, and to location under the U.S. min­ Secs. 1 to 36, inclusive. Recreation, shall issue from time to time ing laws subject to provisions of the act T. 34 N „ R. 13 W., South of Ute Line, to the heads of the administering agen­ Secs. 1 U to 12 U, inclusive; of August 11, 1955 (69 Stat. 682; 30 cies and departments, as well as other Secs. 13 to 36, in clusive. concerned parties, instructions with re­ U.S.C. 621). T. 34 N., R. 16 W „ North of Ute Line, Inquiries concerning the lands should spect to the production, distribution, and Secs. 1 to 5, in clu sive; be addressed to the Manager, Land O f­ Secs. 8 to 12, inclusive. sale of permits. fice, Bureau of Land Management, Phoe­ T . 35 N „ R . 16 W., (b) The Director, Bureau of Outdoor nix, Ariz. Secs. 25 and 26; Recreation, shall be consulted prior to Sec. 27, E & . S W f t : their issuance, with respect to agency­ H a r r y R . A n d e r s o n , Sec. 28, S E ]4 ; wide instructions implementing these Assistant Secretary of the Interior.- Secs. 32 to 36, in clusive. regulations. He shall also consider rec­ J a n u a r y 3, 1967. The areas described aggregate approxi­ ommendations from the heads of the mately 65,280 acres. agencies and departments administering [F .R . Doc. 67-219; F iled , Jan. 9, 1967; the Designated Fee Areas for revision of 8:45 a.m .] H arry R. A nderson, §§ 18.2, 18.3,18.6,18.8,18.11, and 18.13 of Assistant Secretary of the Interior. this part and, based upon justifications [Public Land Order 4130] January 3, 1967. received, make such revisions, interpre­ [Mise. 60709] tations, and supplements as he deems [F.R. Doc. 67-221; Filed, Jan. 9, 1967; appropriate. MONTANA 8:46 a m .] S t e w a r t L . U d a l l , Reservoir Site Restoration No. 45; Rev­ [Public Land Order 4132] Secretary of the Interior. ocation of Reservoir Site No. 34 [Oregon 49] D e c e m b e r 23, 1966. By virtue of the authority contained [F .R . Doc. 67-186; F iled . Jan. 9, 1967; in the act of October 2, 1888 (25 Stat. OREGON 8:45 a.in.] 527; 43 U.S.C. 662), as amended, it is or­ Withdrawal for Protection of Pine dered as follows: and Fir Seed Orchard 1. The departmental order of August Chapter II— Bureau of Land Manage­ 18, 1894, insofar as it withdrew the fol­ By virtue of the authority vested in ment, Department of the Interior it lowing described lands in Reservoir Site the President and pursuant to Executive APPENDIX— PUBLIC LAND ORDERS No. 34, Montana, is hereby revoked in Order No. 10355 of May 26, 1952 (17 compliance with the provisions of the act F R . 4831), it is ordered as follows: [Public Land Order 4129] of March 3,1891 (26 Stat. 1101 ; 43 U.S.C. 1. Subject to valid existing rights, the [Arizona 034094] 663) : following described lands which are Principal Meridian ARIZONA under the jurisdiction of the Secretary T . 13 N., R . 11 E., of the Interior, axe hereby withdrawn Powersite Restoration No. 627; Partial Sec. 35, N W «4 N E ]4 ; from all forms of appropriation under Revocation of Powersite Reserve Sec. 36, S W ]4 N W ]4 . the public land laws, including the min­ ing laws (30 U.S.C., Ch. 2), but not from The areas described, including the na­ No. 188 leasing under the mineral leasing laws, tional forest lands and patented lands, By virtue of the authority vested in and reserved for protection of a pine aggregate approximately 80 acres in the President by section 1 of the act of and fir seed orchard: Judith Basin County. Those in section June 25, 1910 (36 Stat. 847; 43 U.S.C. 35 are in the Lewis and Clark National W illam ette M eridian 141), and pursuant to Executive Order Forest. No. 10355 of May 26, 1952 (17 F.R. 4831), T . 35 S., R. 6 W., 2. At 10 a.m. on February 8, 1967, the Sec. 9, N W ]4 and N W % S E ]4 . a n d to the determination of the Federal national forest lands shall be open to Power Commission in DA-142-Arizona, The areas described aggregate approx­ such forms of disposition as may by law imately 200 acres of revested Oregon and it is ordered as follows: be made of such lands. 1. The Executive Order of June 16, California Railroad grant lands in Jo­ 1911, creating Powersite Reserve No. 188, H a r r y R . A n d e r s o n , sephine County. is hereby revoked so far as it affects the Assistant Secretary of the Interior. 2. The withdrawal made by this order following described lands: does not alter the applicability of those J a n u a r y 3, 1967. G il a and Salt R iver M eridian public land laws governing the use of [F .R . Doc. 67-220; F iled , Jan. 9, 1967; the revested lands under lease, license, T . 7 N., R . 4 W ., 8:46 a.m .] or permit, or governing the disposal of Sec. 6, lo ts 2 an d 3, S W & N E ft , SEi/4N W y4, their mineral or vegetative resources NE]4 SW]4 > Ny2SE]4. and SE^SE^. [Public Land Order 4131] other than under the mining laws.

The areas described aggregate 320.21 [Golorado 0127104] H a r r y R. A n d e r s o n , acres in Maricopa and Yavapai Counties, COLORADO Assistant Secretary of the Interior. of which lots 2 and 3 and the SE%SE% are public lands. The remainder are Partial Revocation of Coal Land January 3, 1967. patented. Withdrawal [F.R. Doc. 67-222; Filed, Jan. 9, 1967; 2. Until 10 a.m. on July 4, 1967, the 8:46 a.m .] State of Arizona shall have a preferred By virtue of the authority vested in the right of application to select the public President by section 1 of the act of [Public Land Order 4133] lands, as provided by R.S. 2276, as June 25, 1910 (36 Stat. 847; 43 U.S.C. amended (43 UJ3.C. 852). After that 141), and pursuant to Executive Order [Anchorage AA-155] time the lands shall be open to operation No. 10355 of May 26, 1952 (17 F.R. 4831), of the public land laws generally, subject it is ordered as follows: ALASKA to valid existing rights, the provisions of The Executive Order of July 7, 1910, existing withdrawals, and the require­ creating Coal Land Withdrawal, Colo­ Revocation of Air Navigation Site ments of applicable law. All valid ap­ rado No. 1, is hereby revoked so far as it Withdrawal plications received at or prior to 10 a.m. affects the following described lands of By virtue of the authority contained on July 4, 1967, shall be considered as the Southern Ute and Ute Mountain In­ simultaneously filed at that time. Those dian Reservations: in section 4 of the act of May 24, 1928

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 211

(45 Stat. 729; 49 U.S.C. 214), it is ordered 47” in sec. 13, T. 13 N., R. 3 W., Seward granted to certain States by R.S. 2276, as follows: Meridian, is corrected to read “Lot 46.” as amended (43 U.S.C. 852). 1. Public Land Order No. 686 of No­ 2. The preference right period of selec­ Inquiries concerning the lands should vember 9,1950, so far as it withdrew the tion afforded the State of Alaska in para­ be addressed to Manager, Land Office, following described lands as Air Naviga­ graph 2 thereof, and the date for simul­ Bureau of Land Management, Santa Fe, tion Site Withdrawal No. 260, is hereby taneous filings and for mineral locations N. Mex. revoked: provided in paragraphs 2 and 3 are ex­ H arry R. A nderson, - P ortage tended from October 8, 1966, to April 4, Assistant Secretary of the Interior. tract NO. 1 1967, so far as the order affects Lot 46. January 3, 1967. Beginning at a point from which a point H arry R. A nderson, on the centerline o f th e A laska R a ilro a d m ain Assistant Secretary of the Interior. [F .R . Doc. 67-225; P ile d , Jan. 9, 1967; line on the south abutment of the bridge 8:46 a.m .] at mile 64.3, approximate latitude 60°50'2f0" January 3, 1967. N., longitude 148°48' W., bears N. 81°00' E., [P .R . Doc. 67-224; P ile d , Jan. 9, 1967; 660 feet, N. 9°00' W ., 101.53 fe e t; th en c e b y 8:46 a m .] [Public Land Order 4136] metes and bounds: S. 9°00' E., 798.60 fe e t; [N e w M exico 790] West, 428.79 fe et; : [Public Land Order 4135] N. 52°00' W „ 400.00 fe et; NEW MEXICO N. 23°00' W., 280.00 fe et; [New Mexico 538] N. 52 °00' W., 380.00 fe et; NEW MEXICO Partial Revocation of Withdrawals N. 38°00' E., 625.00 fe et; in Aid of State Exchanges S. 52°00' E., 380.00 fe et; Revocation of Stock Driveway S. 23°00' E., 225.68 fe et; Withdrawals By virtue of the authority vested in the East, 255.49 fe e t to p o in t o f b e gin n in g. President by section 1 of the act of June Containing approximately 18.01 acres. By virtue of the authority contained 25,1910 (36 Stat. 847; 43 U.S.C. 141), and in section 10 of the act of December 29, TRACT NO. B pursuant to Executive Order No. 10355 1916 (39 Stat. 865; 43 U.S.C. 300), as of May 26,^1952 (17 F.R. 4831), it is A right-of-way for a 2 inch fuel oil pipe­ amended, it is ordered as follows: ordered as follows: line, the centerline of which is as follows: 1. The departmental orders of Febru­ 1. Executive Orders No. 6143 of May Beginning at a point which is an 8 inch ary 4, 1919, creating Stock Driveway creosoted piling at the tank car unloading 23, 1933, and No. 6276 of September 8, stand, from which a point on the centerline Withdrawals No. 60 (New Mexico No. 9) 1933, withdrawing lands in New Mexico of the Alaska Railroad main line on the and No. 61 (New Mexico No. 10), and to aid the State in making exchange south abutm ent o f th e b rid ge a t m ile 64.3, the departmental order of April 29, 1919, selections, are hereby revoked so far as bears N. 81°00' E., 40 fe et, N . 9°0 0' W ., 850 creating Stock Driveway Withdrawal they affect the following described lands: feet; thence by metes and bounds No. 81 (New Mexico No. 12) as modified N. 54° 00' W., 9.90 fe et; by the departmental order of March 18* N ew M exico P r in c ip a l Meridian N. 9°00' W., 711.47 fe et; 1929, are hereby revoked so far as they S. 81°00' W., 603.00 fe et; T . 22 S „ R . 16 W ., S. 60°00' W., 10.70 fe e t to a p o in t on th e affect the following described lands: Sec. 19. T . 22 S „ R . 18 W ., „ east boundary of the area above de­ N ew M exico P r in c ip a l M erid ia n scribed. Sec. 18, lots 3 an d 4; T . 23 N., R . 3 E., Sec. 19, lo t 1. 2. Until 10 a.m., on April 4, 1967, the Sec. 22, lo ts 2, 3, 4, 5, N W & S W > 4 , S & S W ^ , State of Alaska shall have a preferred an d S W 14 SE&; The areas described aggregate 756.10 right to select the lands as provided by Sec. 23, lo t 1; acres in Grant and Hidalgo Counties. section 6(g) of the Alaska Statehood Act Sec. 27, Wy2. The lands are within 20 miles of the of July 7, 1958 (72 Stat. 339), and the T . 21 N., R . 7 E., town of Lordsburg, New Mexico. The regulations in 43 CFR 2222.9. After Sec. 25; topography is level to gently sloping. Sec. 26, S y2; that time the lands shall be open to the Soils range from medium to deep and Secs. 33 an d 34; are sandy loam and clay loam in tex­ operation of the public land laws gen­ Sec. 35, N }£ . erally, including the mining and mineral T . 20 N „ R . 9 E „ . ture. Vegetal cover consists mainly of leasing laws, subject to valid existing Sec. 36, lo ts 5, 6, 7, and 8. tobosa grass with scattered yucca and rights, the provisions of existing with­ T . 20 N., R . 10 E., mésquite. drawals, and the requirements of appli­ Sec. 30, lots 1, 2, 3, 4, E y2 and 'Ey2'Viy2. 2. At 10 a.m., on February 8, 1967, the cable law. All valid applications re- lands shall lie open to operation of the The areas described, including the S ed at or prior to 10 a-m- on April 4, public lands and State-owned lands, ag­ public land laws generally, subject to 1967 shall be considered as simultane­ valid existing rights, the provisions of ously filed at that time. Those received gregate 3,971.48 acres, of which lots 5, 6, thereafter shall be considered in the 7, and 8, seb. 36, T. 20 N., R. 9 E., existing withdrawals and the require­ order of filing. N.M.P.M. are the State lands. ments of applicable law. All valid appli­ Inquiries concerning the lands should The lands lie in Santa Fe and Rio A r­ cations received at or prior to 10 a.m., on riba Counties, N. Mex. They are largely oe addressed to the Manager, Anchorage Feb. 8, 1967, shall be considered as si­ steep, rough, wooded lands. Alaska^ an<* kan

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 212 RULES AND REGULATIONS fice, Bureau of Land Management, Santa silty loams with rock and caliche out­ as provided by R.S. 2276, as amended Fe, N. Mex. crops and red sandy loam to sandy soils (43 US.C. 852). After that time the to gravelly loams with some gyp and rock lands shall be open to operation of the H a r r y R . A n d e r s o n , outcrops. Vegetation consists of native public land laws generally, subject to Assistant Secretary of the Interior. grasses with mesquite, snakeweed, yucca valid existing rights, the provisions of January 3, 1967. cacti, tarbush, and cholla invasives. existing withdrawals, and the require­ 3. At 10 a.m. on February 8,1967, the ments of applicable law. All valid ap­ [F.R . Doc. 67-226; F iled , Jan. 9, 1967; 6:46 a.m .] public land shall be open to operation of plications received at or prior to 10 a.m„ the public land laws generally, subject on July 4, 1967, shall be considered as to valid existing rights, the provisions simultaneously filed at that time. Those [Public Land Order 4137] of existing withdrawals, and the require­ received thereafter shall be considered ments of applicable law. All valid ap­ [N ew M exico 0557950, 0557962, 0557963, in the order of filing. 0557964, 0557965, 0557966] plications received at or prior to 10 a.m. 3. Except for the NW54SE54 and on February 8, 1967, shall be considered EysSE^, sec. 3, T. 26 N., R. 84 W., which NEW MEXICO as simultaneously filed at that time. have, been open to the mining laws, the Those received thereafter shall be con­ lands will be open to location under the Revocation of Department of Air sidered in the order of filing. ' U.S. mining laws at 10 a.m., on July 4, Force Withdrawal 4. The public land has been open to 1967. application and offers under the mineral All of the lands have been open to ap­ By virtue of the authority vested in the' leasing laws. They will be open to lo­ plications and offers under the mineral President and pursuant to Executive O r­ cation and entry under the general min­ leasing laws. der 10355 of May 26, 1952 (17 F.R. 4831), ing laws at 10 a.m. on February 8, 1967. Inquiries concerning the lands should it is ordered as follows: The State of New Mexico has waived be addressed to the Manager, Land Office, 1. Public Land Order 2749 of August 8, the preference right of application Bureau of Land Management, Cheyenne, 1962, withdrawing public lands for use of granted to certain States by R.S. 2276, Wyo. the Department of the Air Force for as amended (43 U.S.C. 852). H a r r y R . A n d e r s o n , military purposes, is hereby revoked so Inquiries concerning the lands shall be Assistant Secretary of the Interior. far as it affects the following described addressed to the Chief, Division of Lands J a n u a r y 3, 1967. lands: and Minerals Program Management and [F.R. Doc. 67-228; Filed, Jan. 9, 1967; (a ) N ew M exico Principal Meridian Land Office, Bureau of Land Manage­ ment, Sante Fe, N. Mex. 8:46 a.m .] T . 11 S., R . 19 E „ Sec. 14, lo t 5. H a r r y R. A n d e r s o n , T . 11 S., R . 21 E>, Assistant Secretary of the Interior. [Public Land Order 4139] Sec. 7, lots 2 and 3. J a n u a r y 3, 1967. [O reg o n 183] The areas described aggregate 130.63 [F .R . Doc. 67-227; Filed , Jan. 9, 1967; OREGON acres which, except for any minerals 8:46 a.m .] therein, have been determined to be Powersite Cancellation No. 252; Par­ “Property” within the meaning of the tial Cancellation of Powersite Clas­ Federal Property and Administrative [Public Land Order 4138] sification Nos. 378 and 426 Services Act of 1949 (63 Stat. 377; [W yoming 0317658] 40 U.S.C. 472), as amended. By virtue of the authority contained (b ) Public Lands. WYOMING in the act of March 3,1879 (20 Stat. 394; 43 U.S.C. 31), and 1950 Reorganization N ew Mexico Principal Meridian Partial Revocation of Reclamation Plan No. 3 (64 Stat. 1262; 5 U.S.C. 133z~ T. 11 S.,R. 19 E., Project Withdrawal 15, note), and in section 24 of the act of Sec. 14, SW y4 o f L o t 3, S% o f L o t 4, L o t 6, By virtue of the authority contained in June 10, 1920 (41 Stat. 1075; 16 U.S.C. N % o f L o t 11, an d L o t 12; ' 818), as amended, and pursuant to the Sec. 15, N E YiSEVi and N^SE^SE^. section 3 of the act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 416), as amended determination of the Federal Power T . 11 S., R . 20 E., Commission in DA-526-Oregon, it is or­ Sec. 12, E »4 N E % , N E ^ S E % , and Ni/2N E i4 and supplemented, it is ordered as SE % SE V4 • follows: dered as follows: T XI S R 21 E 1. The departmental orders of Jan­ 1. The orders of the Geological Sur­ Sec. 7, L o t 1, Ni/2Ni/2 o f L o t 4, Ei/2N W ^ , uary 20, 1932, October -6, 1933, Octo­ vey dated February 10,1948, and July 25, and NEV4SW&. ber 13, 1933, and June 25, 1940, with­ 1952, creating Powersite Classification T* 8 S R 23 E drawing lands for the North Platte-Ken- Nos. 378 and 426, respectively, are hereby Sec!’ 23. SV^NE54SEJ4. S ^ N E ^ N E ^ S E 1/^, cancelled so far as they affect the fol­ EMsEMiSW&SEVi, and SE%SE^; drick Projects, are hereby revoked so Sec. 26, N E & N E & and N y2 NE % SE »4 NE %. far as they affect the following described lowing described lands: T . 8 S., R . 25 E., «lands: W illamette Meridian Sec. 24, Ey2SE^4SEV4SEV4; Sixth Principal M eridian T . 4 N., R . 25 E., Sec. 25, B ^ E ^ N E ^ N E ^ . Sec. 2 N E % lo t 2, S & lo t 2. N E & N E54 lot 3- T . 30 N ., 'R . 83 W ., T . 8 S., R . 26 E., S*4NE[4 lot 3, SW ViSW ii lot 3. Ey2SW‘/4 sec. 19, s y 2s y 2 o f L o t 3, s y 2N y2s y 2 o f L o t Sec. 24, S E ^ N W ^ . lo t 8, S E 14 lo t 3, Ey2N E ]4 lo t 4, SE‘/4 T . 26 N., R . 84 W.. 3. L o t 4, S & N & S & N E & S W ^ , s % s y 2 lo t 4, N & N E 1 4 S W & S W & ; NE]4SW]4, and SE^SW ^. Sec. 3, S W 14 , NW]4SEV4, Ei/2SE»4; Sec. 11, th a t p o rtio n o f th e NV&NW54 15rInS Sec. 10, N % N % ; T . 14, S., R . 27 E., easterly of the westerly right-of-way line Sec. 17, NW%NE%SE^, Ny2SW^NE]4 Sec. 11, NW1/4NWV4- o f U.S. H igh w ay 730, co n ta in in g approxi­ S E % , and NW54SE54. T . 27 N „ R . 84 W „ m a tely 34.25 acres, and SE54NW54 • T . 14 S., R . 28 E., Sec. 5, Sy2NEi4, NE54SW%, Ny2SE&; Sec. 27, S % S y 2N W % N E % , S W ^ N E ^ Sec. 8, E ^ S W % , SE % ; The areas described aggregate ap­ Wy2Wy2SEt4NEi4, Ey2SW54SE54NE%, Sec. 20, N J4S E & . proximately 149.25 acres. S^S^NEy4NW%, SE]4NW%, NW% SE%, W%W%NE^4SEi4, and W%E% The areas described aggregate ap­ The lands are located along the left W y 2N E % S E % . proximately 1,040 acres in Carbon and bank of the Columbia River in the north- Natrona Counties. central part of Oregon, in M o rro w The areas described aggregate 965.68 The lands are located about 50 miles County. acres in Lincoln and Chaves counties, southwest of Casper, Wyo. Vegetative 2. At 10 a.m. on February 8, 1967, the N. Mex. cover is native grasses, brush, scattered lands shall be open to operation of the 2. The topography of the lands varies pine, and juniper. public land laws generally, subject to from rough to low rolling hills to gently 2. Until 10 a.m., on July 4, 1967, the valid existing rights, the provisions of sloping terrain with some sand duning. State of Wyoming shall have a preferred existing withdrawals, and the require­ The soils are variable, medium to thin right of application to select the lands ments of applicable law. All valid appli-

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 213

cations received at or prior to 10 a.m. on censes, or permits will be issued only if [Public Land Order 4142] February 8, 1967, shall be considered as the Department of the Air Force finds [Washington 05490] simultaneously filed at that time. Those that the proposed use of the lands will received thereafter shall be considered not interfere with the proper operation WASHINGTON in the order of filing. of its facilities,, on the lands or on ad­ Withdrawal for Reclamation Project The lands have been open to applica­ jacent lands. tions and offers under the mineral leasing 3. Public Land Order No. 2449 of July By virture of the authority contained laws, and to location under the U.S. min­ 26, 1961, and No. 2631 of April 13, 1962, in section 3 of the act of June 17, 1902 ing laws subject to the provisions of the withdrawing 97.50 acres and 135.40 acres (32 Stat. 388; 43 U.S.C. 416), as amended act of August 11, 1955 (69 Stat. 682 ; 30 respectively, in the areas withdrawn by and supplemented, it is ordered as U.S.C. 621). paragraph 1 of this order, are hereby follows: The State of Oregon has waived the revoked. This revocation eliminates the Subject to valid existing rights, the preference rights granted under R.S. NV^NESWi4SWV4 , sec. 12, T. 9 N., R. following described lands in the Wenat­ 2276, as amended (43 U.S.C. 852), and 1 E., Black Hills Meridian, from all with­ chee National Forest are hereby with- under section 24 of the act of June 10, drawals, the remaining lands withdrawal drawn from all forms of appropriation 1920, supra. by Public Land Order Nos. 2449 and 2631 under the public land laws, including the being included in the withdrawal made mining laws (30 U.S.C., Ch. 2), but not Inquiries concerning the lands should by paragraph 1 hereof. from leasing under the mineral leasing be addressed to the Manager, Land Office, 4. Until 10 a.m. on July 4, 1967, the laws, and reserved for the Antiion Bureau of Land Management, Portland, Reservoir, Chelan Division, Chief Joseph Oreg. State of South Dakota shall have a pre­ ferred right of application to select the Dam Project: H arry R. A nderson, Assistant Secretary of the Interior. N 1/2N E 1/4S W 1/4SWy4 of the said sec. 12 W illamette Meridian as provided by R.S. 2276, as amended T . 29 N., R . 21 E „ Ja n u a r y 3, 1967. (43 U.S.C. 852). After that date and Sec. 25, W 1/2 SE 14 SW 14 ; [F.R. Doc. 67-229; F iled , Jan. 9, 1967; hour the said lands shall become subject Sec. 26, SE&SEV4; 8:46 a.m .] to operation of the public land laws Sec. 35, E^NW^-NEyt, NE^SW^NE^, generally, subject to valid existing rights, and N y2 S E ^ N E i4 . the provisions of existing withdrawals, The areas described aggregate 110 [Public Land Order 4140] and the requirements of applicable law. acres in Chelan County. [M on tan a 044168 (S .D .) ] All valid applications received at or prior to 10 a.m. on July 4, 1967, shall be con­ - H arry R. A nderson, SOUTH DAKOTA sidered, as simultaneously filed at that Assistant Secretary of the Interior. Withdrawal for Department of Air time. Those filed thereafter shall be January 3, 1967. Force (Ellsworth Air Force Base); considered in the order of filing. 5. The lands have been open to appli­ [F .R . D oc. 67-232; F iled , Jan. 9, 1967; Revocation" of Public Land Order cations and. offers under the mineral 8:47 a.m .] Nos. 2449, 2631 leasing laws. They will be open to lo­ [Public Land Order 4143] cation under the U.S. mining laws after By virtue of the authority vested in [Anchorage AA-251] the President and pursuant to Executive 10 a.m. on July 4,1967. Order No. 10355 of May 26, 1952 (17 P.R. Inquiries concerning the lands should ALASKA be addressed to the Manager, Land O f­ 4831), it is ordered as follows: Partial Revocation of Executive 1. Subject to valid existing rights, thefice, Bureau of Land Management, Bil­ following described lands are hereby lings, Mont. Order of June 13, 1902 withdrawn from all forms of appropria­ H a r r y R. A n d e r s o n , By virtue of the authority vested in the tion under the public land laws, includ­ Assistant Secretary of the Interior. President and pursuant to Executive ing the mining laws (30 U.S.C., Ch. 2), Order No. 10355 of May 26,1952 (17 F.R. J a n u a r y 3, 1967. but not from leasing under the mineral 4831) it is ordered as follows: leasing laws, and reserved under jurisdic­ [F .R . Doc. 67-230; FUed, Jan. 9, 1967; The Executive Order of June 13, 1902, tion of the Department of the Air Force 8:47 a m .] which reserved lands for naval purposes for military purposes: [Public Land Order 4141] is hereby revoked so far as it affects the Black Hills Meridian following described lands: [Oregon 03393] T. 9 N., R . 1 E., Adak Island OREGON T R S1^ S W ^ SW1'4* S & N M iS W ftS W $ 4 . A tract situated on the easterly shore of Partial Revocation of Public Land the Bay of Waterfalls, beginning at a point feet, measured along the shore, to T ^ 13r ? 1/4NE1/4NE1/- n e 1ASE]4NE%. 6,000 Order No. 1096 southward of Low Point; thence Sec. 4, lots 2 and 3, SW%NE%, SE^NW By virtue of the authority vested in N. 41°45' E., 6762 feet; N%NE14SW14, N%NW]4SE}4. North, 4818 feet; Sec. 33, Ei/2SEy4NEi/4, Ei/2W y2S E ^ N E the President and pursuant to Executive West, to shore line; y s ly NE1/^’ NEy4NEy48Ey4, Ey2Nw Order No. 10355 of May 26,1952 (17 F.R. Southerly, along shore line to point of 4831), it is ordered as follows: b egin n in g. T. 1 1 N., R. 3 E., Public Land Order No. 1096 of March Sec. 19, N % NE% NB % ; 15, 1955, withdrawing lands for use in Containing approximately 580 acres. Sec. 20, N 1/2NW 14 NW 14 . connection with the McNary Lock and The lands are a part of the Aleutian T. 12 N., R. 3 E., Dam Project is hereby revoked so far as Islands National Wildlife Refuge. Sec. 29, SE]4NE% . T. 10 N „ R. 6 E., it affects the following described land: H arry R. A nderson, Sec. 5, S W & SW & . W illamette M eridian Assistant Secretary of the Interior. T. 10 N..JR. 8 E „ T . 5 N., R . 29 E., January 3, 1967. Se^;,.18. lots 1 and 2, N E 'AN W W , NV2SE Sec. 14, the southwest quarter lying west [F .R . Doc. 67-233; F iled , Jan. 9, 1967; NW]4, SW^SE^NW^. of the easterly line of the abandoned 8:47 a.m .] right-of-way of the O.W.R. & N. Co. Aggregating approximately 583.56 [Public Land Order 4144] acres. The area described contains 31.68 acres 2. The withdrawal made by this orderof patented land in Umatilla County. [Arizona 035731] no^ a^ er the applicability of the H arry R. A nderson, ARIZONA public land laws governing the use of the Assistant Secretary of the Interior. lands under lease, license, or permit, or Withdrawal for National Forest governing the disposal of their mineral January 3,1967., Recreation Area or vegetative resources other than under [ F R . D oc. 67-231; F iled , Jan. 9, r 1967; By virtue of the authority vested in tne mining laws. However, leases, li­ 8:47 a.m.J the President and pursuant to Executive

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 214 RULES AND REGULATIONS

N ew M exico P r in c ip a l M e r id ia n Order No. 10355 of May 26,1952 (17 F.R. posal of their mineral or vegetative re­ 4831), it is ordered as follows: sources other than under the mining T . 6 N., R . 5 E., 1. Subject to valid existing rights, the laws. Sec. 14, Ei/2S W ]4 ; following described national forest lands H arry R. A nderson, Sec. 23. NW V4 NE&, S&NE&, W& and are hereby withdrawn from appropria­ Assistant Secretary of the Interior. SE%; Sec. 26. Wy2NW%NEV4 and N^NW y4. tion under the mining laws (30 U.S.C., January 3, 1967. T . 7 N., R . 6 E., Ch. 2), but not -from leasing under the [F .R . Doc. 67-235; F ile d ; Jan. 9, 1967; Sec. 22, NE&SW&, W%SE& and SE% mineral leasing laws, in aid of programs 8:47 a m .] SEy4 ; of the Department of Agriculture: Sec. 24, Sy2N E % N E & .

Co conino and Sitgreaves N ational Forests [Public Land Order 4146] The areas described aggregate 960 GILA AND SALT RIVER MERIDIAN acres. [New Mexico 20] arry nderson T. 12 N., R. 12 E„ H R. A , Sec. 15, Wy2Wy2; NEW MEXICO Assistant Secretary of the Interior. Sec. 16, E & . E y2N W i4 , S W & N W ^ . and January 4,1967. S W i4 ; Withdrawal for Protection of Mex­ Sec. 17, S E % N E % and N E % S E % ; ican Duck H abitat, San Simon [F.R. Doc. 67-237; Filed, Jan. 9, 1967; Sec. 21, NEV4, Ny2NW%, and NW ^SE^; 8:47 a.m .] Sec. 22, N W V 4 N W & . Cienega By virtue of the authority vested in The areas described aggregate ap­ the President, and pursuant to Executive proximately 670.40 acres in the Coconino Order No. 10355 of May 26, 1952 (17 F.R. Title 7— AGRICULTURE National Forest, and approximately 4831), it is ordered as follows: 489.60 acres in the Sitgreaves National Chapter IX— Consumer and Market­ Forest; all within Coconino County. 1. Subject to valid existing rights, the ing Service (Marketing Agreements 2. The withdrawal made by this order following described public lands, which are under the jurisdiction of the Secre­ and Orders; Fruits, Vegetables, does not alter the applicability of those Nuts), Department of Agriculture public land laws governing the use of tary of the Interior, are hereby with­ the national forest lands under lease, li­ drawn from all forms of appropriation under the public land laws, including PART 987— DOMESTIC DATES PRO­ cense, or permit, or governing the dis­ DUCED OR PACKED IN DESIGNATED posal of their mineral or vegetative the mining laws (30 UJS.C., Ch. 2), and resources other than under the mining reserved for protection of the San Simon AREA OF CALIFORNIA Cienega Mexican Duck Habitat Develop­ laws. Miscellaneous Amendments H arry R. A nderson, ment Project: Assistant Secretary of the Interior. N ew Mexico P rincipal M eridian Notice was published in the November T . 25 S., R . 21 W ., 30, 1966, issue of the F e d e r a l R e g iste r January 3, 1967. Sec. 31, lots 3 and 4. (31 F.R. 15022) regarding a proposal [F .R . Doc. 67-284; F iled , Jan. 9, 1967; T . 26 S „ R . 22 W ., based on the unanimous recommenda­ 8:47 a.m .l Sec. i, lots 8, 9, S W V iN E % and NW%SE%. tion of the Date Administrative Commit­ The areas described aggregate 190.36 tee, to revise § 987.501 of Subpart— Con­ acres in Hidalgo County. tainer Regulation and amend § 987.155 [Public Land Order 4145] (a) (1) of Subpart— Administrative Rules 2. The withdrawal made by this order and Regulations. These subparts are [Oregon 017791] does not alter the applicability of the operative pursuant to the marketing public land laws governing the use of agreement, as amended, and Order No. OREGON the lands under lease, license, or permit, 987, as amended (7 CFR Part 987), regu­ or governing the disposal of their min­ Withdrawal for National Forest lating the handling of domestic dates eral or vegetative resources other than produced or packed in a designated area Recreation Area under the mining laws. of California, effective under the Agri­ By virtue of the authority vested in H arry R. Anderson, cultural Marketing Agreement Act of the President and pursuant to Executive Assistant Secretary of the Interior. 1937, as amended (7 U.S.C. 601-674). Order No. 10355 of May 26, 1952 (17 F.R. The notice afforded interested persons January 3,1967. 4831), it is ordered as follows: opportunity to submit written data, 1. Subject to valid existing rights, the [F .R . Doc. 67-236; F iled , Jan. 9, 1967; views, or arguments with respect to the following described national forest land 8:47 a m .] proposal. Additional time through De­ is hereby withdrawn from appropriation cember 19, 1966, for filing such written under the mining laws (30 U.S.C., Ch. 2), [Public Land Order 4147] comments was granted (31 F R . 15746). but not from leasing under the mineral Comments were received from a date re- leasing laws, in aid of programs of the [New Mexico 0559836] packer. Department of Agriculture: NEW MEXICO The revision of § 987.501 is intended W h it m a n Na t io n a l F orest to clarify the basic intent of container Addition to Cibola National Forest regulation for free dates by changing the WILLAMETTE MERIDIAN term “net weight "capacity” to “net West Eggle Meadow Campground By virtue of the authority contained in weight content”, and by permitting free the Act of July 9, 1962 (76 Stat. 140; 43 dates certified for handling to be handled T . 5 S., R . 43 E., unsurveyed, UJS.C. 315g-l), it is ordered as follows: by sale or otherwise to repackers who Sec. 82, S^NW^SWi/i and SW&SW&. comply with the container regulations of T . 6 S., R . 43 E „ Subject to existing valid rights, the fol­ Sec. 5, NE*4 lo t 4. lowing described lands, acquired by the the program. The amendment of United States in exchange made pursu­ § 987.155(a)(1), intended to clarify the The areas described aggregate 69.82 ant to section 8 of the Taylor Grazing intent of container regulation for re­ acres in Baker and Union Counties. Act of June 28, 1934 (48 Stat. 1272; 43 stricted dates for export, will prescribe 2. The withdrawal made by this order U.S.C. 315g), as amended, are hereby separate, rather than the same, net does not alter the applicability of those added to and made a part of the Cibola weight packs for whole dates and for public land laws governing the use of National Forest and shall hereafter be pitted dates. the national forest lands under lease, subject to all laws and regulations ap­ After consideration of all relevent license, or permit, or governing the dis- plicable to such national forest: matter presented, including that in the

FEDERAL REGISTER, VOL. 32, NO. S— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 215

notice, the information and recommen­ (a) The issuing authority will explain dation submitted by the Date Adminis­ Title 32— NATIONAL DEFENSE to the patient that the DD Form 1251 trative Committee, the views submitted must be presented to the civilian hospital pursuant to the notice, and other avail­ Chapter V— Department of the Army and physician if the dependent chooses able information, it is found that to SUBCHAPTER F— PERSONNEL to seek hospitalization under the Depend­ revise the container regulation and to ents’ Medical Care Program. The issu­ amend the administrative rules and PART 577— MEDICAL AND DENTAL ing authority will point out that the regulations, as hereinafter set forth, will ATTENDANCE statement is for immediate use and will tend to effectuate the declared policy emphasize that the statement should not of the act. Miscellaneous Amendments under any circumstances or conditions Therefore, it is ordered: s 1. Sections 577.65 and 577.66 (f) and be considered as an indication that the 1. Subpart— Container Regulation (7 (g) are revised to read as follows: Government will necessarily pay for the CPR 987.501) is revised to read: civilian hospitalization obtained. The § 577.65 Source of hospitalization for issuance of a statement may be con­ § 987.501 Container regulation. % spouses and children. sidered to reflect the following: No handler shall package or handle (a) Spouses and children residing (1) The hospitalization requested is any whole or pitted Deglet Noor, Zahidi, apart from sponsor. Spouses and chil­ not available from uniformed services Halawy, or Khadrawy varieties of dates dren who are not residing with their facilities. in plastic containers, other than bags sponsor may elect to obtain authorized (2) If the hospitalization obtained and master shipping containers, unless care in either uniformed services facili­ from civilian sources is subsequently the net weight content of the dates in ties (§ 577.66 (d), (e), and (f)) or from determined to be authorized hospitaliza­ the container is: (a) For whole dates, civilian sources (§§ 577.67 (b), (c), and tion under the Dependents’ Medical Care either 12 ounces, 1 pound 8 ounces, or (d) and 577.70). Some care authorized Program, it will be paid for by the more than 2 pounds; and (b) for in uniformed services facilities, however, Government to the extent authorized pitted dates, either 10 ounces, 1 pound is not authorized'from civilian sources. by §§ 577.60-577.72. 8 ounces, or more than 2 pounds. (b) Spouses and children residing with (3) If the hospitalization obtained is Whole or pitted datés packed in other sponsor— ( 1 ) In the United States and not hospitalization authorized to be ob­ than plastic containers may be handled Puerto Rico. Spouses and children re­ tained from civilian sources under the without regard to the net weight con­ siding with their sponsor may obtain program, the issuance of the DD Form tent. However, no handler shall, either authorized hospitalization at Govern­ 1251 will not render the Government directly or through another person, han­ ment expense from civilian sources only liable for payment of any portion of the dle any dates certified for handling (oth­ after it has been determined that such unauthorized hospitalization received. er than for packing specialty packs as hospitalization cannot be provided by a (b) Under the provisions of the De­ permitted pursuant to §§ 987.52 and uniformed services facility located within pendents’ Medical Care Program, the 987.152) by selling or otherwise making reasonable distance of the patient’s resi­ contractor processing a claim for civilian such dates available to a repacker of dence, except in emergencies and under hospitalization must be governed by dates unless the repacker is on the Com­ other circumstances listed herein. For the statements and information entered mittee’s list of approved repackers. the purposes of §§ 577.60-577.72, the on, or attached to, the DA Forms 1863- Placement on such list shall be contin­ term “spouses and children residing with 1 and 1863-2 submitted by the hospital gent upon the repacker entering into a their sponsor” includes those who reside and physician and not by the state­ written agreement with the Committee in an area to which their sponsor is as­ ments of the individual issuing the DD to comply with the container require­ signed; e.g., those who reside in the Form 1251. Accordingly, no entry will ments of this part; and retention on the household of the sponsor in the area of be made on the nonavailability statement list shall continue only so long as the his permanent duty station, or the home by the issuing authority as to diagnosis repacker complies. Such list shall be port or home yard of a ship, even though or classification of the condition (acute maintained by the Committee and avail­ the sponsor may be temporarily away, by or chronic). Additionally, a commander able to interested persons. For purposes reason of temporary duty with his unit of a uniformed services installation or of this section: “repacker” means any or ship from the permanent duty station activity, or any member of his command, packer of dates who is not a handler or or home port or home yard, respectively, will not make any commitment to a not a person primarily engaged in retail­ or by reason of the sponsor’s absence on civilian physician or civilian hospital that ing dates; and “plastic container” means individual temporary duty or temporary the care provided in a specific case will any container of any shape made from additional duty orders. Therefore, the be authorized for payment by the Gov­ a plastic and in which dates are packed DA Forms 1863-1 and 1863-2 covering a ernment under the Dependents’ Medical without the use of cardboard boats, trays, dependent, residing in an area to which Care Program. or other like stiffening material. the sponsor is assigned should be filled (ii) When residing in an area where in to show that the dependent is residing § 987.155 {Amended] with the sponsor. there is no uniformed services medical facility, the sponsor or dependent may 2. Subpart— Administrative Rules and (i) A DD Form 1251 (Nonavailability request a DD Form 1251 from the nearest Regulations <7 CFR 987.100 to 987.174) Statement— Dependents Medical Care uniformed services installation or off-post 2 ?™,n,ded by ^vising subdivision (ii) Program) normally will be furnished activity (except installations and off- Of § 987.155(a)(1) to read: spouses and children who reside with post activities of the Environmental (!P ,,Be packed Prior to export either their sponsors in the following instances: Science Services Administration) to ob­ „ .5 "^ containers each having a net When there are nq medical facilities of tain civilian hospitalization. It is the inei^ ’ eohtent of 10 pounds or more, or the uniformed services in the area in responsibility of the commander of such in individual containers (not including question; or when available medical fa ­ installation or off-post activity, or his bags) each having, for whole dates a net cility (or facilities) of the uniformed designated representative, to fu rnish the services in the area cannot provide the weight content of 8, 12, or 24 ounces, or sponsor or dependent with a DD Form required hospitalization because it lacks 1251 if he determines that a medical fa­ for pitted dates a net weight content of the necessary staff, facilities, or space; or °* 10, or 24 ounces. cility of the uniformed services is not when the dependent does not live within within reasonable distance of the de­ a reasonable distance of the uniformed pendent’s residence. In determining services facility. The form (4-part set) what constitutes reasonable distance, in will be signed by the issuing officer. addition to the distance factor, con­ P aul a . N icholson, Three copies will be furnished to the sideration will be given to time required Deputy Director, patient; one to be given to the attending to normally complete the trip, unusual Fruit and Vegetable Division. physician, one to the civilian hospital, geographic and transportation factors, and one to be retained by the patient. such as availability of private or public [*VR. Doc. 87-240; Filed, Jan. 9, 1967; The remaining copy will be retained by 8:47 am.] transportation, and the presence of toll the issuing authority. bridges or ferries which would increase

No. 32- FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 216 RULES AND REGULATIONS unreasonably the time and expense of for that admission (and readmission as deemed necessary by the cognizant den­ travel. The fact that a uniformed authorized in § 577.67(f) (7 )) without a tist and physician as an adjunct to medi­ services medical facility is located in DD Form 1251. cal or surgical treatment of an acute or another geographic area, as delineated (viii) A spouse or child who is residingchronic physical condition; e.g., dental by a State, county, city, town, or similar apart from the sponsor when the types treatment deemed necessary as an boundary, does not in and of itself, place of care described below commence, and added measure for the recovery from a the facility outside the area of the who takes up residence with the sponsor chronic nephritis caused or complicated dependent’s residence. during the period of treatment, may con­ by a preexisting' dental infection. (iii) When residing in an area wheretinue to obtain care from civilian sources N ote: The above limitation on dental there is a uniformed services medical without a DD Form 1251 until that course treatment does not preclude ^fehe carrying facility, the dependent will apply to that of care is completed, provided there is no out of preventive measures such as fluori­ facility. The commander of the medical change in the attending physician. 11 - dation of water, instructions in oral hygiene, facility, or his designee, will determine such a dependent cannot continue with etc., under preventive dentistry programs of the individual services. Nor does it pre­ whether adequate medical facilities and the same physician, care will be obtained clude the taking of appropriate X-rays. medical staff are available to furnish the as outlined in subdivision (ii) or (iii) of required hospitalization and whether the this subparagraph. (g) Designation of remote areas for dependent’s home is within reasonable (a) Prenatal and postnatal outpatient dental care. Subject to review and ap­ distance of the uniformed services fa­ care incident to delivery in a hospital. proval of military requests by the Sec­ cility. When it is determined that the (b) Outpatient services incident to retary of Defense, the Secretary of the hospitalization cannot be provided by the hospitalization for surgery or bodily in­ Army, Navy, or Air Force will respec­ uniformed services medical facility or jury as described in § 577.67(f) (7) and tively designate remote areas within the that the dependent does not live within (8). United States; upon approval of the Sec­ reasonable distance of such facility, it is (2) Outside the United States andretary of Health, Education, and Wel­ the responsibility of the commander of Puerto Rico, (i) Where medical facili­ fare, the Surgeon General of the Public the medical facility, or his designee, to ties of the uniformed services are avail­ Health Service will act similarly on U.S. furnish the dependent or sponsor a DD able within the area and are capable of Public Health Service requests for such Form 1251. Dependents will not be re­ providing the required hospitalization, designation. Normally, an area will be ferred to a specific hospital or physician. spouses and children who are residing considered for the remote designation '(iv ) In areas where there are medical with their sponsors will utilize these fa­ if the civilian dentists in active practice facilities of two or more uniformed serv­ cilities for hospitalization except as within the 30-mile radius of the uni­ ices and hospitalization required by a follows: formed services dental facility is below dependent cannot be furnished at the (a) In an emergency. the approximate national average of one medical facility to which the dependent (b) When temporarily absent from dentist per 2,000 population. Considera­ applies, the other uniformed services the area. tion will also be given to such unfavor­ medical facilities in the area will be con­ (c) When a dependent’s status changes able factors as unusual climatic condi­ tacted to determine whether the hos­ from “residing apart from sponsor” to tions, unsurfaced, or mountainous pitalization can be provided at such fa­ “residing with sponsor” while hospital­ winding roads, toll bridges, or other cilities. A DD Form 1251 will be issued ized in a civilian facility. conditions that make - transportation only after it is determined that the hos­ (ii) In areas where medical facilitieshazardous, protracted, or unreasonably pitalization is not available at any of the of the uniformed services are either non­ expensive. Regardless of the foregoing, uniformed services medical facilities in existent or incapable of providing ade­ a local commander may request the re­ the area. See § 577.66(h), on cross util- quate hospitalization, spouses and chil­ mote area designation for purposes of zation of service facilities. dren who are residing with their spon­ providing expanded dependent dental (v) An issuing authority may issue a sors will be provided authorized civilian care in the local facility when he believes DD Form 1251 on a retroactive basis hospitalization from professionally ac­ adequate justification exists. All re­ to cover hospitalization already com­ ceptable local sources in accordance with quests for such designation will include menced or completed by civilian sources §§ 577.60-577.72. The oversea com­ information in the following areas: when it is determined that the DD Form mander will determine whether a uni­ (1) The number of civilian dentists 1251 could have been issued before the formed services medical facility is near engaged in active practice within a 30- hospitalization was commenced if ap­ enough to the dependent’s residence to mile radius of the uniformed services plication had been made. DD Forms be considered “in the area,” and if so, dental facility. 1251 issued under these circumstances whether the facility can provide what he (2) The civilian population, including will bear a statement in the “Remarks” considers to be adequate hospitalization. dependents, within the 30-mile radius section of the form that it was issued on of the uniformed services dental facility. § 577.66 Care for dependents at facili­ a retroactive basis with an effective date (3) The dependent population of ac­ ties of the uniformed services. of (;______— ------). tive members residing on or near the (vi) A DD Form 1251 is not required— ***** uniformed services facility who probably (a) When in an emergency it is neces­ (f) Dental care authorized. (1) De­would be seeking care therein if request sary for a spouse or child to obtain hos­ pendents are authorized routine dental is approved. pitalization from civilian sources, e.g., care at uniformed services dental facili­ (4) An estimate of the number of re­ ties in the following locations: serious injury following an accident or tired members of the uniformed serv­ (1) Outside the United States. illness of sudden onset requiring imme­ ices residing within the 30-mile radius (ii) At designated remote areas with­ diate hospitalization at the nearest avail­ who are eligible for care in the facility. able medical facility to preserve life, in the United States. (5) An estimate of the number of de­ health, or to prevent undue suffering. In (2) In those areas within the United pendents of retired members residing such cases, the attending physician is States which have not been designated within the 30-mile radius who would be required to certify as to4he existence of remote for dental care purposes, dental eligible for care in the facility if request the emergency. treatment authorized dependents is is approved. (b) During a period of absence from limited to the following: (6) The average distance local de­ the area of the sponsor’s household on a (i) Emergency dental treatment to trip. This provision will not be used to relieve pain and suffering. This does pendents must travel to obtain care in a circumvent the requirement for a non­ not include permanent types of restora­ community with adequate civilian dental availability statement. tive dentistry or fabrication of dental facilities (in miles and time) including (vii) When a spouse or child is resid­ prostheses or orthodontic appliances. unusual transportation factors, if any* ing apart from sponsor at the time of (ii) Adjunctive dental treatment to which must be considered^ admission to a civilian hospital and ac­ effect or enhance recovery from a medi­ (7) The capability of the uniformed quires the status of “residing with spon­ cal or surgical condition for which the services dental facility to provide dental sor” during hospitalization, such spouse patient is under the care of a physician. or child may complete authorized care This refers to the dental treatment care to dependents in the area.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 217 (8) Itemize the civilian specialized (a) Ears— surgery for restoration or forming the respective service in accord­ dental services available within the 30- improvement of hearing. ance with § 577.67(c) (2) (iii) ( a ) . mile radius of the requesting agency. (b) Eyes— surgery for glaucoma, cata­ (a) Allowances are authorized for lab­ (9) Statement concerning excessive racts, strabismus (squint), or other con­ oratory tests, pathological or radiological costs, if any, for care from the local ditions to aid or improve vision of the examinations and other procedures per­ civilian dentists within the area. affected eye. formed or authorized by the attending (10) The average waiting time in ob­ (c) Harelip and/or cleft palate— sur­ physician on an outpatient basis in the taining routine dental care from the gery for initial repairs, including surgery management of the pregnancy before local civilian dentists. for subsequent repair known and estab­ and after hospital delivery. (11) Attitude of the local dental so­ lished as a requirement at the time of (b) The attending physician may in­ ciety toward the uniformed services fa­ original surgery. Subsequent revisions clude in his bill the cost of drugs admin­ cility being approved for designation. are not authorized. istered by injection to maternity patients (12) Signed statement from the State (d ) Rhinoplasties — authorized only on an outpatient basis before and after dental society indicating its position for improvement of nasal respiratory hospital delivery provided such drugs toward the designation proposal. physiology. are necessary and directly related to the ♦ * * ♦ * (e) Skeletal defects (e.g., clubfoot, pregnancy. (See § 577.70 for drugs au­ 2. In § 577.67, the section heading and congenital dislocated hip)— s u r g i c a l thorized as outpatient benefits.) paragraphs (a ), (b), (o) (2) (iii) and treatment is authorized only when treat­ (c) Necessary infant care will be pro­ (iv), (d), (f) (6), (7); (8), and (9) are ment is required as an in-hospital pa­ vided during the period of hospitalization revised, and new subparagraph (10) is tient to improve function. following delivery. If the infant re­ added; and paragraph (g )(2 ) is revised, (/) Surgical treatment for removal of quires further hospitalization after dis­ as follows; supernumerary digits or for correction of charge of the mother, such care is au­ syndactylism is authorized only for im­ § 577.67 Hospitalization and inpatient thorized as a continuation of the original provement of function. admission. care for spouses and children from (g ) Scars— surgical treatment is au­ civilian sources. (d ) Obstetrical and maternity patients thorized only when a scar is ulcerated, who develop acute emotional disorders (a) Eligibility far civilian-hospitaliza­ shows clinical evidence of malignancy, complicating pregnancy or constituting tion. (1) Only a wife, a dependent hus­ or when a contracture impairing ana­ postpartum psychosis occurring within band, and children of active duty mem­ tomical function is present. the 6 weeks’ postpartum period author­ bers of the uniformed services are eligible ih) Surgical treatment for removal of ized for maternity care, are authorized to receive hospitalization from civilian nevi, hemangiomas and/or telangiectatic in-hospital care for such disorders. See s o u r c e s at Government expense. lesions is authorized only if they are subdivision (v) of this subparagraph. Spouses and children requesting care bleeding, ulcerated, painful, or show from civilian hospitals will be required N ote: Any patient hospitalized in a civil­ clinical evidence of malignancy, or if size ian hospital for treatment authorized by sub­ to observe the identificatkrft procedures and location prodiice functional impair­ divisions (i) through (iv) of this subpara­ prescribed by the uniformed services ment. graph may be transferred to a hospital of (§ 577.64(a)). In additiop, spouses and (¿) Surgical treatment for removal of the uniformed services subject to the avail­ children who are residing with their plantar warts, verrucae, sebaceous cysts, ability of space and facilities and the capa­ sponsors in the United States and Puerto condylomata, or moles is authorized only bilities of the professional staff. Government Rico are required to provide the civilian if they are bleeding, ulcerated, painful, or transportation may be utilized for transfer to the uniformed services hospital. Move­ hospital and physician with a DD Form show clinical evidence of malignancy, or 1251 except in an emergency or when ment by non-Government ambulance is au­ if size and location produce functional thorized as an outpatient benefit (§ 577.70). the dependent is absent from the area impairment. A rran gem en ts fo r tra n sfer sh ou ld be m ad e b e­ of the sponsor’s household on a trip if) Mammoplasty is authorized only tween the sponsor or patient and the com­ (§ 577.65(b) (1) (v i)), when severe pain or marked disability is mander of the nearest uniformed services (2) When seeking civilian hospitaliza­present. medical facility. tion the dependent should ascertain that (fc) Tubal ligation or other steriliza­ (v) In-hospital treatment for nervous the civilian hospital and physician desire tion procedure is authorized only when and mental disorders is authorized as to participate in the Dependents’ Medi­ the procedure is a necessary requirement follows: cal Care Program. Following accept­ in the proper management of a medical (a) Treatment for nervous and mental ance of the patient under the program or surgical condition for which treat­ disorders, including acute emotional dis­ by the civilian source of care, the patient ment is authorized under §§ 577.60- orders, required by a dependent during is not responsible for payment of any 577.72. a period of hospitalization for a condi­ amount for authorized care except as Note: Those surgical procedures that are tion that qualifies as authorized care. specified in § 577.67(f). customarily performed by a dentist may be (b) Treatment for acute emotional (b) Hospitalization a n d inpatient performed by a dentist who is a member of disorders complicating pregnancy or con­ the staff of a hospital and normally performs medical care authorized from civilian stituting postpartum psychosis occurring these surgical procedures in that hospital. within the authorized 6 weeks’ post­ sources. (1) The following inpatient The removal of teeth, gingivectomies and al- partum period. veolectomies are not authorized surgical pro­ care is authorized spouses and children (c) Treatment for an acute emotional from civilian sources: cedures unless they meet the criteria speci­ fied in subdivision (vi) or (vii) of this disorder if such disorder is considered to (i) Treatment during hospitalizatio: subparagraph. When authorized surgical constitute an emergency which is a threat of acute medical conditions, includin treatment is performed by a dentist, other to the life or health of the patient. procedures, diagnostic tests, services and id) Ordinarily, care will be provided acute exacerbations or acute complica supplies authorized or ordered by him may tions of chronic diseases. for an acute emotional disorder only un­ be paid to the same extent as if a physician til the disorder subsides, until arrange­ ,or surgeon authorized or ordered them. (ii) Treatment during hospitalizatio: ments are made for care elsewhere, or of acute surgical conditions and surgics (iii) Treatment of contagious diseases until the end of 21 days of hospitaliza­ conditions that are not classified as acut during hospitalization. tion, whichever occurs earliest. Exten­ but for which good medical practice die (iv) Maternity and infant care. Ma­ sion beyond 21 days may be granted on a case-by-case basis for a specified number tates prompt attention (e.g., tonsillec ternity care will include delivery in a tomies). However, treatment of som of days where arrangements for care else­ hospital and prenatal care and postnatal where cannot be completed within the 21- nonacute surgical conditions requirin care on an inpatient or outpatient basis. day period. In the United States and ospitalization will be authorized only i Payment for hospitalization will be in ac­ Puerto Rico, requests for extension will certain conditions prevail. Followin cordance with § 577.67(f). Payment for be submitted to the Executive Director, are some examples of surgery falling ii prenatal care, delivery, and postpartum Office for Dependents’ Medical Care, and •'his category. care will be made to the physician per- outside the United States and Puerto

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 218 RULES AND REGULATIONS dicated. The opinion of the attending Rico, to the appropriate oversea com­ (2) Hospitalization for authorized mander. Requests must be supported by care is allowable only in semiprivate ac­ physician will determine whether the a statement from the attending physician commodations (except as provided in care is medically indicated and therefore that the treatment given, or to be given, § 577.67(f)). payable under the provisions of § 577.67 (b) (1) (ii), except that the types of sur­ during the time period covered by the (3) Hospitalization for the types of requested extension is for the acute phase care referred to in subparagraph (1) (i) gery described below are not authorized of the disorder. A request for extension through (iv) of this paragraph is limited for payment under any circumstances: (i) Cosmetic surgery— any surgery for will be considered only if made by the to a maximum of 365 days for each improvement or change of appearance or service member, the dependent, or the admission (except as provided in for psychological reason. representative of either, and if it is shown § 577.67(g)). > (4) The nécessary services and sup­ (ii) Ears— reconstruction and/or re­ that— vision of the external ear; surgery based Q ) Due to absence, the service mem­ plies furnished by the hospital to a de­ on psychological reasons. ber was unable to join the dependent in pendent in an inpatient status are con­ (iii) Congenital defects of skeletal sufficient time to make suitable arrange­ sidered part of hospitalization. and/or central nervous system which ments, within the 21-day period, for care (5) Clinical evidence and certification furnished by the source of civilian care are readily identifiable as representing elsewhere. chronic long-term conditions and char­ (2) No other competent member of will be used as a basis for determining acteristically respond poorly to surgical the service member’s family was avail­ whether oí not bills for care furnished intervention. able to make such arrangements. under this section will be paid. (iv) Sterilization procedures for multi­ (3) The number of days requested for (c) Special definitions and poli­ parity and/or socioeconomic reasons. extension represents the minimum tune cies. * * * (v) ^Procedures designed to correct a required to complete suitable arrange­ (2) Policies. * * * (iii) Inpatient professional services. state of infertility or'sterility. ments. (vi) Removal of tattoos. (e) In special and unusual cases, ad­Payment for professional services during (5) Treatment for nonacute medical ditional care for an acute emotional dis­ hospitalization is authorized as follows: conditions. Examples of types of care order may be provided in a hospital of (a) Payment of physicians, including not authorized are set forth below : the uniformed services in accordance necessary consultants, at their usual (i) Procedures designed to determine with § 577.66(d) (2). In such cases Gov­ charge for the service provided but not state of infertility or sterility. ernment transportation may be utilized exceeding the charge listed therefor in the local schedule of allowances incor­ (ii) Pseudocyesis (false pregnancy) or for transfer to the uniformed services pregnancy suspected but not proven. hospital. (See § 577.70 for non-Govern- porated in the applicable contract. (iii) Tests to determine pregnancy, ment ambulance service authorized as an N ote: Where a local schedule of allow­ except when the patient is in fact preg­ ances has not been negotiated and approved, outpatient benefit.) nant and when tests are required for (vi) Dental care which is a necessary the Executive Director, Office for Depend­ ents’ Medical Care, may provide a schedule of proper conduct of maternity or post­ adjunct to medical or surgical treatment partum care (hydatid mole). rendered in a hospital to a dependent allowances for use in payment for physicians’ services in the United States and Puerto (iv) Diagnostic evaluation and hos­ who is a hospital patient. Such dental Rico. Where no schedule is in existence, pital admission in connection therewith care will not include removable or fixed particularly in oversea areas, the standard when patients are not acutely ill or when prosthodontic restorations, orthodontics, charge for services by physicians in the diagnostic surveys are not followed by permanent types of restorative dentistry, locality concerned will be used as a guide in surgery. and/or prolonged series of periodontal lieu of such schedule. (v) Rehabilitation procédures for per­ therapy. (b) Payment of dentists’ fees for au­ sons with congenital defects, cerebral (vii) Hospitalization of dependents thorized care. palsy, 6r poliomyelitis (except when re­ with chronic diseases for the purpose of (c) Payment for services of self-em­ lated to in-hospital care of surgical pro­ performing oral surgery determined by ployed anesthetists and self-employed cedure performed for improvement or the cognizant physician and dentist to physical therapists for services provided restoration of function). be a necessary adjunct to, and required eligible dependents when the attending (vi) Treatment for tuberculosis— in­ for the proper treatment of, recurrently physician certifies that such services active (nonacute) when determined by progressive debilitative diseases. See were required for the proper care and clinical tests. Treatment is authorized note at end of subdivision (ii) of this treatment of the patient. only for the active (acute) phase as de­ subparagraph. (d ) Payment of a portion of the cost termined by acceptable medical stand­ (viii) All diagnostic and therapeutic for private-duty nursing care when the ards (positive sputa; positive gastric tests and procedures, including labora­ attending physician certifies that such washings; or positive chest or other X- tory tests and pathological and radio­ care was required for the proper care and rays). logical examinations, when ordered by treatment of the patient while receiv­ (vii) Tests and procedures such as the the attending physician and accom­ ing authorized hospital care (§ 577.67 following: plished during a period of hospitaliza­ ( f ) (5 )). (a) Psychological, psychometric, or tion. (iv) Drugs and medicináis. Payment intelligence measuring tests. (ix) The cost of blood and the service is authorised for medication prescribed (b) Speech and/or hearing therapy, charge for blood required during au­ by a physician or dentist and furnished remedial reading, or orthoptic training. thorized hospitalization of eligible de­ by a hospital to an eligible dependent (c) Child guidance therapy. pendents in civilian facilities are allow­ during hospitalization for use during (6) The following services are not au­ able benefits. However, friends and such hospitalization. (See § 577.70 for thorized as a part of inpatient care : relatives of the patient having the type drugs authorized as outpatient benefit.) (i) Non-Government ambulance serv­ blood required should be encouraged to (d) Inpatient care not authorizedice. (Such service is authorized only as donate blood. In the instances where from civilian sources. The following an outpatient benefit subject to p a y m e n t blood must be purchased, these pur­ medical care is not authorized from by the patient of a deductible and a por­ chases should be made by the civilian civilian sources on an inpatient basis: tion of the charges in excess of the de­ source of care and included in its claim (1) Treatment of chronic diseases ductible.) for reimbursement. Any person provid­ (§ 577.61(h) (5 )) except as provided in (ii) Prosthetic devices such as arti­ ing blood for a dependent undergoing § 577.67(b) (1) (i) and (vii). ficial limbs, artificial eyes, hearing aids, treatment at Government expense may (2) Treatment of nervous and mental orthopedic footwear, spectacles, and sim­ be reimbursed therefor at the local pre­ disorders (§ 577.61 (h )(6 )), Including ilar medical supports and aids. vailing rate provided the sum of $50 for acute emotional disorders, except as pro­ each withdrawal is not exceeded. vided in § 577.67(b) (1) (v). * * * * * (x) If a consultant’s services are re­ (3) Domiciliary care (§ 577.61 (h) (4 )). (f) Charges for civilian care. * * * quired for proper care and treatment of (6) All admissions to a hospital of an an inpatient, such services are author­ (4) Surgical care that is requested by ized. the patient which is not medically in­ obstetrical patient as an in-patient for

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES ANO REGULATIONS 219

care required in direct connection with ing care, when appropriate, in accordance esthetists, psychologists, and similar the pregnancy, including admissions for with subparagraphs (2), (3), (4), and practitioners. direct complications thereof, during the (5) of this paragraph. Hospitals will be (5) Charges. Charges means the period of pregnancy up to and including responsible for obtaining from the amount billed by the source of care. delivery, and admissions for postpartum patient,^ sponsor, physician, or other (6) Schedule of allowances. Local inpatient care for complications of preg­ hospitals satisfactory evidence that the schedule of allowances means the maxi­ nancy where the complication arises patient is entitled to the lesser charge. mum allowances for payment of services within the authorized 6-week postpar­ (10) When an inpatient is transferred applicable to a local area. tum period and where treatment is com­ to another hospital for necessary treat­ (c) Outpatient services authorized. menced by the attending physician with­ ment not available in the first hospital Authorized outpatient services from in that period, will be considered as one and no break in hospitalization occurs civilian sources include, but are not admission for the purpose of determining except for time in transit, it will be con­ limited to— charges to the patient. Admission for sidered as one admission for the purpose (I ) Treatment of—• a nonobstetrical diagnosis in the course of payment of charges by the patient in (1) Medical and surgical conditions. of but not connected with a pregnancy accordance with this section. ( ii) Nervous and mental disorders. would require the patient to pay the Diagnostic tests and procedures (2) Election of facilities. Spouses (8) Dental care required as a neces­ performed or authorized by the attend­ and children authorized outpatient serv­ sary adjunct to medical or surgical treat­ ing physician within 30 days before and ices by this section may elect to receive ment. 120 days after hospitalization and direct­ outpatient services either in uniformed (9) Local non-Government ambulance to the surgical procedure. ly related services facilities or from civilian service to or from a source of care (8) When a patient receives both in­ sources. A Nonavailability Statement is when medically necessary. (See Chapter patient and outpatient care for treat­ not required when seeking civilian out­ M7107, Volume 1, Joint Travel Regula­ ment of a bodily injury, all services and patient care. tions, for additional transportation au­ provided for treatment of the supplies (b) Definitions. The definitions in thorized spouses and children of active injury within 30 days before and 120 § 577.61 are applicable to this section. duty members outside the United days after hospitalization will be consid­ The following additional definitions are States.) ered as inpatient care for the purpose of applicable to this section only: (10) Drugs and medicines limited to— computing the patient's share of the (1) Physician. Physician means a (i) Drugs and medicines obtainable charges. Posthospitalization services Doctor of Medicine or Doctor of Oste­ only by written prescription. are limited to immediate and necessary opathy who is legally qualified and li­ (11) Insulin. followup treatment of thè injury itself. censed, without limitation, to practice ( I I ) Artificial limbs and artificial This provision does not apply to admis­ medicine and perform surgery at the eyes, including initial issue and fitting, sion or readmission for care of complica­ time and place the service is provided. replacement, repair, and adjustment. tions (e.g., sequelae) arising out of the (12) Durable equipment, such as injury. For services covered in this section, Doc­ tors of Dental Surgery, Doctors of Den­ wheelchairs, iron lungs, and hospital Note: Drugs and medicines furnished by tal Medicine and Doctors of Surgical beds, on a rental basis. the physician on an outpatient basis in Chiropody, when acting within the scope (d) Routine physical examinations connection with the care described in sub- of their licenses, are deemed to be phy­ and immunizations. Routine physical paragraphs (6), (7), and (8), of this para­ sicians. examinations and immunizations may be graph are payable at the cost to the physi­ (2) Christian Science practitioner. provided only when required by spouses cian. Drugs prescribed by the physician and Christian Science practitioner means a and children who are under orders to procured from a civilian pharmacy by the perform travel outside the United States patient are authorized as outpatient bene­ practitioner listed as such in the Chris­ fits under § 577.70. tian Science Journal current at the time as a result of a member’s duty assign­ he provides service. Excludes “absent ment. (9) Patients who previously were ad treatment.” (e) Professional services. The services nutted to a hospital for authorized car« (3) Private-duty nurse. Includes: of professional personnel are author­ who paid at least $25 of the hospits (i) A professional registered nurse ized on an outpatient basis as follows: narges for that admission and who ar (RN). (1) Physician services.^ eadmitted to a civilian hospital withi (11) A technical registered nurse. (2) Services of Christian Science days following discharge from the pre (iii) A licensed practical nurse. practitioners. ious admission for authorized treat (iv) A Christian Science nurse who (3) Services of private-duty nurses the oriSinal condition for whic is listed in the Christian Science Journal when ordered by the attending physician nitiaiiy hospitalized, or direct complies current at the time she provides the or Christian Science practitioner. r « there°f, will not be required to pa service. e first $25 of the subsequent hospital] (4) Allied scientist. Allied scientist (4) Services of allied scientists when ation, but will be required to pay a means a practitioner specializing in a ordered by the attending physician. amount determined by multiplying th science allied to the practice of medicine (f) Outpatient hospital facilities. number of days of the current hospital] who is licensed or certified to practice at The charge for use of hospital out­ za ion by $1.75, plus additional charge jthe time and place the service is pro­ patient facilities is an authorized out­ °r a private room and private duty nurs vided. Includes physical therapists, an­ patient benefit.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 220 RULES AND REGULATIONS

supplies furnished on an outpatient Alabama, Ohio, P uerto Rico, Rhode I sland, (g) Outpatient services not authorized. South Carolina, and T exas The following outpatient services from basis. (ii) The source of care will submit a Mutual of Omaha Insurance Co., 3316 civilian sources are excluded: F arn a m S treet, O m ah a, N eb r. 68131. (1) Routine physical examinations claim to the appropriate fiscal agent or and immunizations except in the case of oversea commander for payment of the Alaska spouses and children on orders to travel balance of the charges. In the United Washington Hospital Service Association, 601 outside the United States. States and Puerto Rico, this will be in B roadw ay, S eattle, W ash. 98111. accordance with the schedule of allow­ (2) Routine care of the newborn and Arizona well-baby care. ances applicable in the local area. Pend­ (3) Eyeglasses or examinations for ing revision of existing claim forms, all Arizona, Blue Shield Medical Service, 331 West Indian School Road, Phoenix, Ariz. them. sources of outpatient care, except hos­ pitals and pharmacists, may submit 85002. (4) Prosthetic devices (other than Arkansas artificial limbs and artificial eyes), hear­ their claims on either DA Form 1863-1 ing aids, and orthopedic shoes. or DA Form 1863-2. Pharmacists will Arkansas Medical Society, 218 Kelley Build­ in g, F o rt S m ith , A rk . 72902. (5) Dental care except as a necessary submit their claims on the form provided adjunct to medical or surgical treatment. by the appropriate fiscal agent. Hos­ California pitals will submit claims on DA Form (h) Payment for outpatient services— California Physicians’ Service, 720 California 1863-1. S treet, San Francisco, C alif. 94108. (1) The deductible. Outpatient services (iii) In completing his portion of the are subject to an annual deductible of claim form, the patient will insert the Colorado the first $50 of expenses incurred by each following statement: “Outpatient de­ Colorado Medical Service, Inc., 244 Univer­ family member each fiscal year; how­ ductible satisfied in------— ------sity B ou levard, D en ver, C olo. 80206. ever, a family group of three or more ______„insert State or oversea dependents will not be required to pay Connecticut area).” collectively more than two deductibles Connecticut Medical Service, Inc., 221 Whit­ (iv) In the event that the patient has ($100) of the expenses incurred each n ey A ven ue, N ew H aven , Conn. 06509. paid the source of care more than 20 fiscal year for outpatient services. For percent of the allowable amount re­ Delaware the purpose of computing the deductible, flected in the schedule of allowances, the G rou p H osp ital S ervice, Inc., 201 W est 14th an expense is “incurred” on the date the fiscal agent will reimburse the patient Street, W ilm in g to n , D el. 19899. service.or supply, for which a charge is to the extent of such overpayment. made, is received, regardless of the date District of Columbia Amounts of less $1 due the patient will on which payment is made. Medical Service of the District of Columbia, not be paid. (2) Payment for services. The patient GHI Building, 14th and L> Streets NW„ (v) It is emphasized that, except for will pay the annual deductible, plus 20 W a sh in gton , D.C. 20005. the deductible and 20 percent of out- percent of the charges for outpatient Florida (patient charges in excess of the deduct­ services in excess of the annual deducti­ ible which he is required to pay, the Blue Shield of Florida, Inc., 532 Riverside ble each fiscal year. The Government patient should not pay directly to the A ven ue, Jackson ville, F la. 32201. will pay the remainder of the charges source of care. If he does so, he may eorgia for authorized outpatient services, sub­ G seek reimbursement, ject to the appropriate schedule of allow­ Medical Association of Georgia, 938 Peach­ ances where applicable. (vi) Claims for reimbursement and tree S treet NE., A tla n ta , Ga-. 30309. claims under subparagraph (3) of this (3) Procedure for initial payment each Hawaii paragraph will be submitted in accord­ fiscal year. Each individual or family ance with the procedures outlined in Hawaii Medical Service Association, 1154 group will pay directly to the sources of B ish op Street, H on o lu lu , H a w a ii 96808. outpatient services until the annual de­ § 577.84. ‘ I daho ductible is satisfied. Receipted bills § 577.71 The Federal Medical Care Re­ should be obtained for all payments. covery Act (42 U.S.C. 2651—3). North Idaho District, Medical Service Bureau, Inc., 201 Breier Building, Lewiston, Idaho When a payment is made which, to­ Special notification-injury cases: gether with previous payments, exceeds 83501. Public Law 87-693, now codified in Title I llinois the deductible for the fiscal year, the 42, U.S. Code 2651 through 2653, requires patient will submit a claim for reim­ the Government to recover from third Illinois Medical Service, 425 North Michigan Aven ue, Chicago, HI. 60690. bursement, including receipted bills, and persons the reasonable cost of hospital, will be reimbursed in an amount equal medical, surgical, or dental care which I ndiana to the total payment less the deductible it provides uniformed services personnel The Indiana State Medical Association, 3935 and 20 percent of charges in excess of or their dependents who are injured North Meridian Street,'Indianapolis, Ind. the deductible. The agency reimbursing under circumstances creating a tort lia­ 46208. the patient will provide him a certificate bility upon some third person. All uni­ I owa indicating that the deductible has been formed services personnel will be in­ satisfied for the fiscal year in question. Iowa Medical Society, 1001 Grand Avenue, structed to notify their commanding W e st Des M oines, Io w a 50265. (i) Claims for outpatient care obtained officers and staff judge advocates of all in the United States and Puerto Rico accidents involving injury to themselves K ansas will be submitted to the fiscal agent for or their dependents by a third person the area concerned (§ 577.72). Claims Kansas Physicians’ Service, 1133 Topeka (party) when such injury is treated in a B ou levard, T op ek a, K an s. 66601. for reimbursement for outpatient bene­ uniformed services medical facility or fits provided aboard commercial vessels K entucky civilian medical facility. The service en route to the United States or Puerto member will provide all facts and cir­ Kentucky Physicians’ Mutual, Inc., 3101 Rico will be submitted to the Executive B ard stow n R oad, L o u isv ille, K y . 40205. Director, Office for Dependents’ Medical cumstances pertaining to such incidents. Care. In addition, the hospital commander, of Louisiana (ii) Claims for outpatient care ob­ a uniformed services medical facility Continental Service Life & Health Insurance tained in areas outside the United States where an injured dependent is hospital­ Co., 5353 F lo rid a B ou levard, B aton Rouge, and Puerto Rico will be submitted to the ized will also notify the appropriate staff La. 70821. appropriate oversea commander in ac­ Maine judge advocate in such cases. cordance with applicable directives of Associated Hospital Service of Maine, 509 the uniformed service concerned. § 577.72 Appendix II — Physician’s Con­ F orest A ven ue, P o rtla n d , M ain e 04101. (4) Procedure for payment after de­ tractors. Maryland ductible has been satisfied, (i) The patient will pay the source of care 20 Fiscal agents for payment of out­ Maryland Medical Service, Inc., 7800 York percent of the charges for services and patient charges: R oad , B altim ore, M d. 21203.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 RULES AND REGULATIONS 221

Massachusetts P ennsylvania flect a recent change announced to Massachusetts Medical Service, 133 Federal Medical Service Association of Pennsylvania, Navy and Marine Corps commands by Street, Boston, Mass. 02106. B lu e S h ield B u ild in g, C am p H ill, Pa. 17011. naval message (ALNAV 81) of December M i c h i g a n South Dakota 23, 1966. The changes to the introduc­ tory paragraph of § 733.70(d) are only of Michigan Medical Service, 441 East Jefferson South Dakota Medical Service, Inc., 711 North an editorial nature. Avenue, D etroit, M ich . 48226. L ak e A ven ue, Sioux F alls, S. Dak. 57104. Section 733.70(d) is amended by revis­ Minnesota Tennessee ing the introductory paragraph and Minnesota State Medical Association, 496 Tennessee Hospital Service Association, 707 paragraph (d )(5 ) (iv) to read as follows: Lowry Medical Arts Building, St. Paul, C h estn ut S treet, C h attan ooga, T e n n . 37402. M in n .65102. § 733.70 Foreign awards to U.S. mili­ Mississippi Utah tary personnel for service in Viet- Nam and die Republic of Viet-Nam Mississippi State Medical Association, 735 The Medical Service Bureau of The Utah Campaign Medal with device. Riverside D rive, Jackson, M iss. 39216. State Medical Association, Inc., 2455 Par­ * * * * * le y ’s W ay, S alt L a k e C ity , U ta h 84110. Missouri (d ) Republic of Viet-Nam Campaign Missouri Medical Service, 3615 Olive Street, Vermont Medal with device (1960-______). This St. Louis, M o. 63108. New Hampshire-Vërmont Physician Service, paragraph furnishes policy guidance Montana No. 1 Pillsbury Street, Concord, N.H. 03301. concerning the Republic of Viet-Nam Campaign Medal with device (1960- Montana Physicians* Service, 404 Fuller Ave­ Virginia nue, Helena, M o n t. 59601. ------), approved by the Secretary of Virginia Medical Service Association, 4010 Defense, as proposed for award by the Nebraska W est B road S treet, R ich m on d , Va. 23230. Government of the Republic of Viet-Nam Nebraska Medical Service, 518 Kilpatrick Washington on March 24, 1966, to members of the Building, O m aha, N ebr. 68102. Washington Physicians’ Service, 1800 Terry U.S. Armed Forces supporting operations Nevada A ven ue, S eattle, W ash. 98101. in Viet-Nam. Nevada State M edical A ssociation , 3660 B aker West Virginia * * * * * Lane, Reno, Nev. 89502. Medical-Surgical Care, Inc., 203 Union Trust (5) Eligibility criteria. * * * New Hampshire B u ild in g, Parkersbu rg, W . Va. 26101. (iv) During the period March 1, 1961, to a date to be announced, served 6 Wisconsin New Hampshire-Vermont Physician Service, months in South Viet-Nam, or 6 months No. 1 Pillsbu ry S treet, C oncord, N.H. 03301. State Medical Society of Wisconsin, 330 East outside the geographical limits of South New Jerset Lakeside S treet, M adison, W is. 53705. Viet-Nam but contributing direct combat Medical-Surgical Plan of New Jersey, 500 W yoming support to the Republic of Viet-Nam Broad Street, N ew ark, N.J. 07102. Armed Forces during such period. The Wyoming Medical Service, Inc., Post Office New Mexico B ox 2266, C heyenne, W yo. 82002. 6 months required need not be consecu­ tive. For personnel serving outside the Surgical Service, In c. o f N ew M exico, 202 [Changes 1, 3,' AR 40-121] (Sec. 3012, 70A geographical limits of South Viet-Nam, Momingside Drive SE., Albuquerque, N. S tat. 157; 10 U.S.C. '3012. In te rp re t o r a p p ly the 6-month requirement will be consid­ Mex. 87108. secs. 1071-1085, 72 Stat. 1445-1450; 18 U.S.C. New Y ork 1071-1085) ered fulfilled if such personnel earn the Armed Forces Expeditionary Medal/Viet- Medical Society of the State of New York, K e n n e t h G . W i c k h a m , Nam Service Medal, and serve in the eli­ 750 Th ird Avenue, N ew Y o rk , N .Y . 10017. Major General, U.S. Army, gibility area for these two awards dur­ North Carolina The Adjutant General. ing each of the 6 months. Hospital Saving Association of North Caro­ [F .R . Doc. 67-242; F iled , Jan. 9, 1967; * * * * * lina, Inc., C hapel H ill, N.C. 27514. 8:47 a.m .] (S ec. 5031, 70A S tat. 278, as am ended, sec. 133, 76 S ta t. 517, 79 S tat. 982, sec. 301, 80 S tat. North Dakota 379; 5 U.S.C. 301, 10 U.S.C. 133, 5031) State Medical Society of Wisconsin, 330 East Chapter VI— Department of the Navy Lakeside Street, M adison, W is. 53705. By direction of the Secretary of the SUBCHAPTER C— PERSONNEL Navy. Oklahoma PART 733— DECORATIONS AND [ seal] R. h . H are, Oklahoma Physicians’ Service, 1215 South Boulder Avenue, Tulsa, Okla. 74102. AWARDS Rear Admiral, U.S. Navy, Acting Judge Advocate General of Oregon Republic of Viêt-Nam Campaign the Navy. Medal with Device Executive Office, Oregon Physicians* Servioe, J a n u a r y 3, 1967. 619 Southwest 11 Avenue, Portland, Ores. Scope and purpose. Section 733.70(d) 97205. [F .R . Doc. 67-211; F iled , Jan. 9, 1967; (31 F.R. 16196-16198) is updated to re­ 8:45 ajn.]

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 222 Proposed Rule Making

to take if this proposal were in full force Autho rity: The provisions of this Part 531 issued u n der sec. 3 (m ), 52 S tat. 1060; sec. 2, and effect, even if such credit is not au­ DEPARTMENT OF LABOR 75 S tat. 65; sec. 101, 80 S tat. 830; 29 U.S.C. thorized under the amended act and 29 203 (m ) an d ( t ) . . Wage and Hour Division CFR Part 531 as presently in effect. Subpart A— Preliminary Matters [ 29 CFR Part 531 1 The proposed revision of 29 CFR Part 531 reads as follows: § 531.1 Definitions. CREDITING TIPS AS WAGES PART 531— WAGE PAYMENTS UNDER (a) “Administrator" means the Ad­ Notice of Proposed Rule Making THE FAIR LABOR STANDARDS ACT ministrator of the Wage and Hour and Public Contracts Divisions or his author­ The Fair Labor Standards Act of 1938 OF 1938 ized representative. The Secretary of (29 U.S.C. 201), in its section 3(m) per­ Subpart A— Preliminary Matters Labor has delegated to the Administrator mits the cost or administratively deter­ Sec. the functions vested in him under section mined fair value of some board, lodging 531.1 D efin ition s. and other facilities to be credited to 531.2 Pu rpose an d scope. 3(m) of the Act. (b) “A ct’ means the Fair Labor wages due under that Act. The deter­ Subpart B— Determinations of “Reasonable Cost" Standards Act of 1938, as amended. minations under, and interpretations of, and “Fair Value”; Effects of Collective Bar­ section 3(m) are expressed in 29 CFR gaining Agreements § 531.2 Purpose and scope. Part 531. The Fair Labor Standards 531.3 G en eral d e term in ation s o f “ reason­ (a) Section 3(m) of the Act defines Amendments of 1966 (P.L. 89-601) add able cost.” the term “wage” to include the “reason­ to section 3(m) and provide a new sec­ 531.4 M a k in g d e te rm in atio n s o f “ reason ­ able cost”, as determined by the Secre­ tion 3 (t) as follows: able cost.” tary of Labor, to an employer of furnish­ 531.5 M a k in g d e term in ation s o f “ fa ir Se c . 3. As used in this Act— ing any employee with board, lodging, or valu e.” ***** 531.6 Effect of collective bargaining agree­ other facilities, if such board, lodging, or (m) * * * In determining the wage of a m ents. other facilities are customarily furnished tipped employee, the amount paid such an 531.7 Requests for review of tip credit. by the employer to his employees. In employee, by his employer shall be deemed 531.8 Petitions to issue, amend, or repeal addition, section 3 (m) gives the Secretary to be increased on accoufit of tips by an rules, including determinations, authority to determine the “fair value” amount determined by the employer, but not under this part. of such facilities on the basis of average by an amount in excess o f 50 per centum of Subpart C— Interpretations cost to the employer or to groups of em­ the applicable minimum wage rate, except ployers similarly situated, or average that in the case of an employee who (either 531.25 In tro d u c to ry statem en t. value to groups of employees, or other himself or acting through his representative) 531.26 R e la tio n to o th er laws. shows to the satisfaction of the Secretary appropriate measures of “fair value.’ that the actual amount of tips received by How Paym ents May Be M ade Whenever so determined and when ap­ Viim was less than the amount determined 531.27 Payment in cash or its equivalent re­ plicable and pertinent, the “fair value” by the employer as the amount by which quired . of the facilities involved shall be in­ the wage paid him was deemed to be in­ 531.28 Restrictions applicable where pay­ cludable as part of “wages” instead of creased under this sentence, the amount paid ment is not in cash or its equiva­ the actual measure of the costs of those such employee by his employer shall be len t. facilities. The section provides, how­ deemed to have been increased by such lesser 531.29 Board, I ang, or o th er fa cilities . am oun t. ever, that the cost of board, lodging, 531.30 “ F u rn ish ed ” to th e em p loyee. or other facilities shall not be included ***** 531.31 “ C u sto m a rily” fu rn ish ed. as part of “wages” if excluded therefrom (t) “Tipped employee” means any em- 531.32 “ O th er fa c ilitie s .” ployee engaged in an occupation in which 531.33 “ R eason able cost” ; “ fa ir va lu e.” by a bona fide collective bargaining he customarily and regularly receives more 531.34 Payment in scrip or similar medium agreement. Section 3(m) also provides than $20 a month in tips. not authorized. a method for determining the wage of a 531.35 “Free and clear” payment; “kick- tipped employee. To expand 29 CFR Part 531 to make backs.” (b) This Part 531 contains any deter­ provisions responsive to the above quot­ Paym e n t W here Additions or D eductions minations made as to the “reasonable ed amendments and to make editorial A re I nvolved cost” and “fair value” of board, lodging, revisions, it is proposed to revise 29 CFR or other facilities having general appii- Part 531 to read as set out below, under 5 ?1 °5 Nonovertime workweeks. 53l.o7 Overtime workweeks. cation, and describes the procedure authority in the cited Act and amend­ whereby determinations having general ments, Reorganization Plan No. 6 of Paym ents M ade to Persons Other T h a n or particular application may be made. Employees 1950 (3 CFR 1949-1953 Comp., p. 1004) The part also interprets generally tne and General Order No. 45-A (15 F.R. 531.38 A m o u n ts d ed u cted fo r taxes. provisions of section 3 (m) of the Ac . 3290) of the Secretary of Labor. 531.39 Payments to third persons pursuant including the term “tipped employee as Interested persons are invited to send to court order. defined in section 3 (t ). written data, views, or argument con­ 531.40 Payments to employee’s assignee. cerning this proposal to the Administra­ P a y m e n t of W ages to Tipped Employees Subparf B— Determinations of “Rea­ tor, Wage and Hour and Public Contracts 531.50 Statutory provisions with respect to sonable Cost” and “Fair Value’ ; Divisions, U.S. Department of Labor, tipped employees. Effects of Collective Bargaining Washington, D.C. 20210, within 30 days 531.51 C on d ition s fo r ta k in g tip cred its in Agreements after this proposal is published in the making wage payments. F e d e r a l R e g is t e r . For the period be­ 531.52 G en eral ch aracteristics o f “ tip s ." § 531.3 General determinations of “ rea­ tween February 1, 1967, the general ef­ 531.53 P a ym en ts w h ich c o n stitu te tips. sonable cost” . fective date of the above cited amend­ 531.54 T ip p o olin g. ments, and the effective date of such re­ 531.55 Examples of amounts not received as (a) The term “reasonable cost” as tips. used in section 3 (m) of the Act is hereby vision of 29 CFR Part 531 as will be made 531.56 “ M o re th a n $20 a m o n th in tip s.” pursuant to this proposal, no enforce­ 531.57 Receiving the minimum amount determined to be not more than e ment action will be taken against any “customarily and regularly.” actual cost to the employer of the boar . employer because he has taken such 531.58 In itia l an d te rm in a l m on th s. lodging, or other facilities customarily credit for tips as wage payments due 531.59 T h e t ip w age credit. furnished by him to his employees. under the act as he would be entitled 531.60 O ve rtim e paym ents.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 PROPOSED RULE MAKING 223

(b) “Reasonable cost” does not in­ an employee or an authorized represent­ of the Act by the National Labor Rela­ clude a profit to the employer or to any ative of employees, an employer or tions Board, or which is the certified affiliated person. group of employers, or other interested representative of the employees under (c) Except whenever any determina­ persons for a determination of “reason­ the provisions of the National Labor Re­ tion made under §531.4 is applicable, the able cost” shall include the following lations Act, as amended, or the Railway “reasonable cost” to the employer of information: Labor Act, as amended. furnishing the employee with board, (1) The name and location of the em­ (c) Collective bargaining agreements lodging, or other facilities (including ployer’s or employers’ place or places of made with representatives who have not housing) is the cost of operation and business; been so certified will be ruled on individ­ maintenance including adequate depre­ (2) A detailed description of the ually upon submission to the Admin­ ciation plus a reasonable allowance (not board, lodging, or other facilities fur­ istrator. nished by the employer or employers, more than 5 % percent) for interest on § 531.7 Request for review of tip credit. the depreciated amount of capital whether or not these facilities are cus­ invested by the employer: Provided, That tomarily furnished by the employer or (a) Any employee (either himself or if the total so computed is more than the employers, and whether or not they are acting through his representative) may fair rental value (or the fair price of the alleged to constitute “wages” ; request the Administrator to determine commodities or facilities offered for sale), (3) The charges or deductions made whether the actual amount of tips re­ the fair rental value (or the fair price of for the facility or facilities by the em­ ceived by him is less than the amount the commodities or facilities offered for ployer or employers; determined by the employer as a wage sale) shall be the reasonable cost. The (4) When the actual cost of the facil­ credit. If it is shown to the satisfaction cost of operation and maintenance, the ity or facilities is known an itemized of the Administrator that the actual rate of depreciation, and the depreciated statement of such cost to the employer or amount of tips is the lesser of these amount of capital invested by the em­ employers of the furnished facility or amounts, the amount paid the employee ployer shall be those arrived at under facilities; by the employer shall be deemed to have good accounting practices. As used in (5) The cash wages paid; been increased by such lesser amount. this paragraph, the term “good account­ (6) The reason or reasons for which (b) Requests for review and determi­ ing practices” does not include account­ the determination is requested, includ­ nation shall be in writing and shall be ing practices which have been rejected by ing any reason or reasons why the de­ accompanied by a statement of tips re­ the Internal Revenue Service for tax terminations in § 531.3 should not apply; ceived each week or each month over a purposes, and the term “depreciation” and representative period as reported to the includes obsolescence. (7) Whether an opportunity to make Internal Revenue Service. The request (d) (1) The cost of furnishing “facil­ an oral presentation is requested; and if shall also contain a statement showing ities” found by the Administrator to be it is requested, the inclusion of a sum­ the tip credit taken by the employer, and primarily for the benefit or convenience mary of any expected presentation. any other information deemed pertinent of the employer will not be recognized by the petitioner. Requests shall be ad­ § 531.5 Making determinations o f “ fair dressed to the Administrator, Wage and as reasonable and may not therefore be value” . included in computing wages. Hour and Public Contracts Divisions, (2) The following is a list of facilities •(a) Procedure. The procedures gov­ Washington, D.C. 20210. found by the Administrator to be pri­ erning the making of determinations of the “fair value” of board, lodging, or § 531.8 Petitions to issue, amend, or re­ marily for the benefit of convenience of peal rules, including determinations, the employer. The list is intended to be other facilities for defined classes of em­ under this part. illustrative rather than exclusive: (i) ployees and in defined areas under sec­ Tools of the trade and other materials tion 3(m) of the Act shall be the same Any interested person may petition for and services incidental to carrying on the as that prescribed in § 531.4 with respect the issuance, amendment, or repeal of employer’s business; (ii) the cost of any to determinations of “reasonable cost.” rules, including determinations under construction by and for the employer; (b) Petitions of interested persons.this part. Any such petition shall be (iii) the cost of uniforms and ofHheir Any petition by an employee or an au­ directed in writing to the Administrator. laundering, where the nature of the thorized representative of employees, an Any such petition shall include: (a) A business requires the employee to wear employer, or group of employers, or other declaration of the petitioner’s interest a uniform. interested persons for a determination of in the proposed action; (b) a statement “fair value” under section 3(m) of the of the rule-making action sought; and § 531.4 Making determinations of “rea­ Act shall contain the information re­ (c) any data available in support of the sonable cost” . quired under paragraph (b) of § 531.4, petition. Whenever a petitioner seeks a (a) Procedure. Upon his own motionand in addition, to the extent possible, determination of “reasonable cost” or or upon the petition of any interested the following: “fair value” the statement of rule-mak­ person, the Administrator may de­ (1) A proposed definition of the class ing sought shall contain the information termine generally or particularly the or classes of employees involved; required under § 531.4(b) or § 531.5(b), reasonable cost” to an employer of (2) A proposed definition of the area as the case may be. furnishing any employee with board, to which any requested determination Subpart C— Interpretations lodging, or other facilities, if such board, would apply; lodging, or other facilities are custom­ (3) Any measure of “fair value” of the § 531.25 Introductory statement. arily furnished by the employer to his furnished facilities which may be appro­ (a) The ultimate decisions on inter­ employees. Notice of proposed determi­ priate in addition to the cost of such pretations of the Act are made by the nation shall be published in the F e d e r a l facilities. courts (Mitchell v. Zachry, 362 U.S. 310; R e g iste r , and interested persons shall § 531.6 Effects o f collective bargaining Kirschbaum v. Walling, 316 U.S. 517). oe afforded an opportunity to partici­ Court decisions supporting interpreta­ pate through submission of written data, agreements. tions contained in this subpart are cited y ^ o r arguments. Such notice shall (a) The cost of board, lodging, or where it is believed they may be helpful. wnriik Mother or not an opportunity other facilities shall not be included as On matters which have not been deter­ ill be afforded to make oral presenta- part of the wage paid to any employee mined by the courts, it is necessary for ions. Whenever the latter opportunity to the extent it is excluded therefrom the Secretary of Labor and the Admin­ is afforded, the notice shall specify the under the terms of a bona fide collective istrator to reach conclusions as to the inm and place of any hearing and the bargaining agreement applicable to the meaning and the application of provi­ *|ues governing such proceedings. Con- particular employee. sions of the law in order to carry out maf+a^ on be given to all relevant (b) A collective bargaining agreement their responsibilities of administration rule r presen^e<* bi the adoption of any shall be deemed to be “bona fide” when and enforcement (Skidmore v. Swift, it is made with a labor organization 323 U.ST 134). In order that these posi­ Contents of petitions submitted which has been certified pursuant to the tions may be made known to persons who y m erested persons. Any petition by provision of section 7 (b )(1 ) or 7 (b)(2 ) may be affected by them, official inter-

No. 32- FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 224 PROPOSED RULE MAKING tain limitations and safeguards which pretations are issued by the Administra­ ment payable at par. Section 3 (m) pro­ tor on the advice of the Solicitor of vides, however, for the inclusion in the control the payment of wages in other Labor, as authorized by the Secretary “wage” paid to any employee, under the than cash pr its equivalent. (Special (Reorganization Plan 6 of 1950, 64 Stat. conditions which it prescribes, of the recordkeeping requirements must also 1263; Gen. Order 45A, May 24, 1950, “reasonable cost,” or “fair value” as de­ be met. These are contained in Part 15 F.R. 3290). The Supreme Court termined by the Secretary, of furnishing 516 of this chapter.) These provisions, has recognized that such interpreta­ such employee with board, lodging, or it should be emphasized, do not prohibit tions of this Act “provide a practical other facilities. In addition, section payment of wages in facilities furnished either as additions to a stipulated wage guide to employers and employees as 3,(m) provides that a tipped employee’s to how the office representing the wages may consist in part of tips. It is or as items for which deductions from public interest in its enforcement will section 3(m) which permits and governs the stipulated wage will be made; they seek to apply it” and “constitute a body the payment of wages in other than cash. prohibit only the use of such a medium of experience and informed judgment to (b) It should not be assumed that be­ of payment to avoid the obligation im­ which courts and litigants may properly cause the term “wage” does not appear posed by sections 6 and 7. resort for guidance.” Further, as stated in section 7, all overtime compensation § 531.29 Board, lodging, or other facili­ by the Court: “Good administration of must be paid in cash and may not be ties. paid in board, lodging, or other facilities. the Act and good judicial administration Section 3(m) applies to both of the There appears to be no evidence in either alike require that the standards of public following situations: (a) Where board,, enforcement and those for determining the statute or its legislative history which demonstrates the intention to provide lodging, or other facilities are furnished private rights shall be at variance only in addition to a stipulated wage; and where justified by very good reasons.” one rule for the payment of the mini­ mum wage and another rule for the pay­ (b) where charges for board, lodging, or (Skidmore v. Swift, 323 U.S. 134.) other facilities are deducted from a (b) The interpretations of the law ment of overtime Compensation. The principles stated in paragraph (a) of stipulated wage. The use of the word contained in this subpart are official in­ “furnishing” and the legislative history this section are considered equally ap­ interpretations of the Department of of section 3(m) clearly indicate that this Labor with respect to the application plicable to payment of the minimum section was intended to apply to all fa­ under described circumstances of the hourly wage required by section 6 or of cilities furnished by the employer as the wages required by the equal pay pro­ pro.visions of law which they discuss. compensation to the employee, regard­ visions of section 6(d), and to payment, The interpretations indicate, with re­ less of whether the employer calculates when overtime is worked, of the compen­ spect to the methods of paying the com­ charges for such facilities as additions to pensation required by sections 6 and 7 sation required by section 7. Thus, in or deductions from wages. and the application thereto of the pro­ determining whether he has met the visions of section 3(m) of the Act, the minimum wage and overtime require­ § 531.30 “Furnished” to the employee. construction of the law which the Secre­ ments of the Act, the employer may The reasonable cost of board, lodging, tary of Labor and the Administrator be­ credit himself with the reasonable cost or other facilities may be considered as lieve to be correct and which will guide to himself of board, lodging, or other part of the wage paid an employee only them in the performance of their ad­ facilities customarily furnished by him where customarily “furnished” to the ministrative duties under the Act unless to his employees when the cost of such employee. Not only must the employee and until they are otherwise directed by board, lodging, or other facilities is not receive the benefits of the facility for authoritative decisions of the courts or excluded from wages paid to such em­ which he is charged, but it is essential conclude, upon reexamination of an in­ ployees under the term of a bona fide that his acceptance of the facility be terpretation, that it is incorrect. Reli­ collective bargaining agreement appli­ voluntary and uncoerced. See Williams ance may be placed upon the interpreta­ cable to the employees. Unless the con­ v. Atlantic Coast Line Railroad Co. tions as provided in section 10 of the text clearly indicates otherwise, the term (E.D.N.C.), 1 W.H. Cases 289. Portal-to-Portal Act (29 U.S.C. 259) so “wage” is used in this part to designate long as they remain effective and are not the amount due under either section 6 or § 531.31 “ Customarily” furnished. modified, amended, rescinded, or deter­ section 7 without distinction. It should The reasonable cost of board, lodging, mined by judicial authority to be incor­ be remembered, however, that the wage or other facilities may be considered as rect. For discussion of section 10 of the paid for a job, within the meaning of the part of the wage paid an employee only Portal-to-Portal Act, see Part 790 of this equal pay provisions of section 6(d), where “customarily” furnished to the chapter. may include remuneration for employ­ employee. Where such facilities are ment which is not included in the em­ § 531.26 Relation to other laws. “furnished” to the employee, it will be ployee’s regular rate of pay under section considered a sufficient satisfaction of this Various Federal, State, and local leg­ 7(e) of the act or is not allocable to com­ requirement if the facilities are furnish­ islation requires the payment of wages in pensation for hours of work required by ed regularly by the employer to his em­ cash; prohibits or regulates the issuance the minimum wage provisions of section ployees or if the same or similar facilities of scrip, tokens, credit cards, “dope 6. Reference should be made to Parts are customarily furnished by other em­ checks” or coupons; prevents or restricts 778 and 800 of this chapter for a more ployees engaged in the same or similar payment of wages in services or facilities; detailed discussion of the applicable trade, business, or occupation in the controls company stores and commis­ principles. same or similar communities. See saries; outlaws “kickbacks” ; restrains Cc) Tips may be credited or offset Walling v. Alaska Pacific Consolidated assignment and garnishment of wages; against the wages payable under the Act Mining Co., 152 F. (2d) 812 (C-A. 9), and generally governs the calculation of in certain circumstances, as discussed cert, denied, 327 U.S. 803; Southern Pa­ wages and the frequency and manner of later in this subpart. See also the rec­ cific Co. v. Joint Council (C.A. 9) 7 paying them. Where such legislation is ordkeeping requirements contained in W.H. Cases 536. Facilities furnished m applicable and does not contravene the Part 516 of this chapter. violation of any Federal, State, or local requirements of the Act* nothing in the § 531.28 Restrictions applicable where law, ordinance or prohibition will not „ Act, the regulations, or the interpreta­ considered facilities “customarily tions announced by the Administrator payment is not in cash or its equiva­ should be taken to override or nullify the lent. furnished. provisions of these laws. It appears to have been the clear in­ § 531.32 “Other facilities” . tention of Congress to protect the basic How P a y m e n t s M a y B e M ade m in im u m wage and overtime compensa­ (a) “Other facilities,” as used in this § 531.27 Payment in cash or its equiva­ tion required to be paid to the employee section, must be something like board or lent required. by sections 6 and 7 of the Act from lodging. The following items have been deemed to be within the meaning of tne (a) Standing alone, sections 6 and 7 profiteering or manipulation by the em­ ployer in dealings with the employee. term: Meals furnished at company of the Act require payment of the pre­ restaurants or cafeterias or by hospitals, scribed wages, including overtime com­ Section 3(m> of the Act and Subpart B hotels, or restaurants to their employees, pensation, in cash or negotiable instru­ of this part accordingly prescribe cer­

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 PROPOSED RULE MAKING 225

meals, dormitory rooms, and tuition fur­ nished facilities are a part of “wages” by the employee unless they are paid nished by a college to its student employ­ within the meaning of section 3(m ): finally and unconditionally or “free and ees; housing furnished for dwelling pur­ (1) An employer may calculate the clear.” The wage requirements of the poses; general merchandise furnished at “reasonable cost” of facilities in accord­ Act will not be met where the employee company stores and commissaries (in­ ance with the requirements set forth in “kicks-back” directly or indirectly to the cluding articles of food," clothing, and § 531.3; (2) an employer may request employer or to another person for the household effects); fuel (including coal, that a determination of “reasonable cost” employer’s benefit the whole or part of kerosene, firewood, and lumber slabs), be made, including a determination hav­ the wage delivered to the employee. electricity, water, and gas furnished for ing particular application; and (3) an This is true whether the “kick-back” is the noncommercial personal use of the employer may request that a determi­ made in cash or in other than cash. For employee; transportation furnished em­ nation of “fair value” of the furnished example, if it is a requirement of the ployees between their homes and work facilities be made to be used in lieu of employer that the employee must provide where the travel time does not constitute the actual measure of the cost of the tools of the trade which will be used in hours worked compensable under the furnished facilities in assessing the or are specifically required for the per­ Act and the transportation is not an “wages” paid to an employee. formance of the employer’s particular incident of and necessary to the (b) “Reasonable -cost,” as determined work, there would be a violation of the employment. in § 531.3 “does not include a profit to Act in any workweek when the cost of (b) Shares of capital stock in an em­ the employer or to any affiliated per­ such tools purchased by the employee ployer company, representing only a son.” Although the question of affilia­ cuts into the minimum or overtime wages contingent proprietary right to partic­ tion is one of fact, where any of the fol­ required to be paid him under the Act. ipate in profits and losses or in the lowing persons operate company stores assets of the company at some future or commissaries or furnish lodging or P a y m e n t W h e r e A d d it io n s o r D e d u c ­ dissolution date, do not appear to be other facilities they will normally be t i o n s A r e I n v o l v e d “facilities” within the meaning of the deemed “affiliated persons” within the § 531.36 Nonovertime workweeks. section. meaning of the regulations: (1) A (c) It should also be noted that under spouse, child, parent, or other close rela­ (a) When no overtime is worked by § 531.3(d) (1), the cost of furnishing tive of the employer; (2) a partner, offi­ the employee, section 3(m) and this “facilities” which are primarily for the cer, or employee in the employer com­ part apply only to the applicable mini­ benefit or convenience of the employer pany or firm; (3) a parent, subsidiary, mum wage for all hours worked. To will not be recognized as reasonable and or otherwise closely connected corpo­ illustrate, where an employee works 40 may not therefore be included in com­ ration; and (4) an agent of the em­ hours a week at a cash wage rate of $1.60 puting wages. Items in addition to those ployer. an hour in a situation when that rate is set forth in § 531.3 which have been the applicable minimum wage and is held to be primarily for the benefit or § 531.34 Payment in scrip or similar paid $64 in cash free and clear at the convenience of the employer and are medium not authorized. end of the workweek, and in addition is not therefore to be considered “facilities” Scrip, tokens, credit cards, “dope furnished facilities valued at $4, no con­ within the meaning of section 3 (m) in­ checks,” coupons, and similar devices are sideration need be given to the question clude: Safety caps, explosives, and not proper mediums of payment under of whether such facilities meet the re­ miners’ lamps (in the mining industry); the Act. They are neither cash nor quirements of section 3(m) and this electric power (used for commercial “other facilities” within the meaning of part, since the employee has received in production in the interest of the em­ section 3(m ). However, the use of such cash the applicable minimum wage of ployer); company police and guard „devices for the purpose of conveniently $1.60 an hour for all hours worked. protection; taxes and insurance on and accurately measuring wages earned Similarly, where an employee is em­ buildings of the employer; “dues” to or facilities furnished during a single ployed at a rate of $1.80 an hour and chambers of commerce and other orga­ pay period is not prohibited. Piecework during a particular workweek works 40 nizations used, for example to repay sub­ earnings, for example, may be calculated hours for which h.e is paid $64 in cash, sidies given to the employer to locate by issuing tokens (representing a fixed the employer having deducted $8 from his factory in a particular community; amount of work performed) to the em­ his wages for facilities furnished, transportation charges where such ployee, which are redeemed at the end of whether such deduction meets the re­ transportation is an incident of and the pay period for cash. The tokens do quirement of section 3(m) and Subpart necessary to the employment (as in the not discharge the obligation of the em­ B of this part need not be considered, case of maintenance-of-way employees ployer to pay wages, but they may en­ since the employee is still receiving, after of a railroad); charges for rental of able him to determine the amount of the deduction has been made, a cash uniforms where the nature of the busi­ cash which is due to the employee. wage of $1.60 an hour. Deductions for ness requires the employee to wear a uni­ Similarly board, lodging, or other facili­ board, lodging, or 6ther facilities may be form; medical services and hospitaliza­ ties may be furnished during the pay made in nonovertime workweeks even if tion which the employer is bound to period in exchange for scrip or coupons they reduce the cash wage below the furnish under workmen’s compensation issued prior to the end of the pay period. minimum, provided the prices charged acts or similar Federal, State, or local The reasonable cost of furnishing such do not exceed the “reasonable cost” of law. For a discussion of reimbursement facilities may be included as part of the such facilities. When such items are for expenses, such as “supper money,” wage, since payment is being made not furnished the employee at a profit, the travel expenses,” etc., see § 778.217 in scrip but in facilities furnished under deductions from wages in weeks in which of this chapter. the requirements of section 3(m ). But no overtime is worked are considered to §531.33 “R e a s o n a b le cost” ; “ fair the employer may not credit himself be illegal only to the extent that the prof­ value”. with “unused scrip” or “coupons out­ it reduces the wage (which includes the standing” on the pay day in determin­ “reasonable cost” of the facilities) below . ^ Section 3(m) directs the Adm: the required minimum. Accordingly, in istrator to determine “the reasona ing whether he has met the require­ ments of the Act because such scrip or a situation when $1.60 an hour is the in!1 ^ .the emPl°yer of furnis coupons have not been redeemed for applicable minimum wage, if an em­ qty^ • facilities” to the employ ployee employed at a rate of $1.65 an a in addition it authorizes him to ( cash or facilities within the pay period. Similarly, the employee cannot be hour works 40 hours in a workweek and g ™ fair value” of such faci charged with the loss or destruction of is paid only $54 in cash, $12 having been in df fined classes of employees a script or tokens. deducted for facilities furnished to him, lL? areas- which “ fay be used such facilities must be measured by the S ; the actual measure of the cost § 531.35 “Free and clear” payment; “kickbacks.” requirements of section 3(m) and this 3 2 facilitles in ascertaining the “wagi part to determine if the employee has tflino *uany emPloyee. Subpart B cc Whether in cash or in facilities, received the minimum of $64 (40 hours DlnvAi.^66 methods whereby an ei “wages” cannot be considered to have x $1.60) in cash or in facilities which Pioyer may ascertain whether any fi been paid by the employer and received may be legitimately included in “wages”

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 226 PROPOSED RULE MAKING acting in his behalf or interest derives payable under the Act. The same would pay the full amount of wages required by any profit or benefit from the transac­ be true where an employee is furnished section 7, these principles have no appli­ tion. In such case, payment to the third the facilities in addition to a cash wage of cation. Deductions made only in over­ person for the benefit and credit of the $54 for 40 hours of work. In either time workweeks, or increases in the prices employee will be considered equivalent, case, if the “reasonable cost” to the em­ charged for articles or services during for the purposes of the Act, to payment ployer of legitimate facilities equals at overtime workweeks will be scrutinized to least $10 the requirements of the Act determine whether they are manipula­ to the employee. are met. Cf. Southern Pacific Co. v. tions to evade the overtime requirements § 531.40 Payments to employee’s as­ Joint Council Dining Car Employees, of the Act. signee. (b) Where deductions are made from 165 F. (2d) 26 (C.A. 9). (a) Where an employer is directed by the stipulated wage of an employee, the (b) Deductions for articles such as a voluntary assignment or order of his regular rate of pay is arrived at on the tools, miners’ lamps, dynamite caps, and employee to pay a sum for the benefit of basis of the stipulated wage before any other items which do not constitute the employee to a creditor, donee, or deductions have been made. Where “board, lodging, or other facilities” may other third party, deduction from wages board, lodging, or other facilities are likewise be made in nonovertime work­ of the actual sum so paid is not pro­ customarily furnished as addition to a weeks if the employee nevertheless re­ hibited : Provided, That neither the em­ cash wage, the reasonable cost of the ceived the required minimum wage in ployer nor any person acting in his be­ facilities to the employer must be con­ cash free and clear; but to the extent half or interest, directly or indirectly, sidered as part of the employee’s regular that they reduce the wages of the em­ derives any profit or benefit from the rate of pay. See Walling v. Alaska ployee in any such workweek below the transaction. In such case, payment to Pacific Consolidated Mining Co., 152 F. m i n i m u m required by the Act, they are the third person for the benefit and (2d) 812 (C.A. 9), cert, denied, 327 U.S. illegal. credit of the employee will be considered 803. Thus, suppose an employee em­ equivalent, for purposes of the Act, to § 531.37 Overtime workweeks. ployed at a cash rate of $2 an hour, whose payment to the employee. maximum nonovertime workweek under (a) Section 7 requires that the em­ ' (b) No payment by the employer to a section 7 (a) of the Act is 40 hours, works ployee receive compensation for overtime third party will be recognized as a valid 44 hours during a particular workweek. hours at “a rate of not less than one and payment of compensation required under If, in addition, he is furnished board, one-half times the regular rate at which the Act where it appears that such pay­ lodging, or other facilities valued at $16, he is employed.” When overtime is ment was part of a plan or arrangement but whose “reasonable cost” is $11, the worked by an employee who receives the to evade or circumvent the requirements $11 must be added to his cash straight- whole or part of his wage in facilities and of section 3(m) or Subpart B of this part. time pay of $88 ($2X44 hours) in deter­ it becomes necessary to determine the For the protection of both employer and mining the regular rate of pay on which portion of his wages represented by employee it is suggested that full and his overtime compensation is to be cal­ facilities, all such facilities must be adequate record of all assignments and culated. The regular rate then becomes measured by thè requirements of sec­ orders be kept and preserved and that $2.25 an hour (($88-f-$ll = $99)-i-(44 tion 3(m) and Subpart B of this part. provisions of the applicable State law hours) =$2.25 an hour). The em­ It is the Administrator’s opinion that with respect to signing, sealing, witness­ ployee is thus entitled to receive a total deductions may be made, however, on ing, and delivery be observed. of $103.50 for the week ((40 hoursX$2.25 the same basis in an overtime work­ (c) Under the principles stated in =90) + (4 hoursx$3.371/2=$13.50)). In week as in nonovertime workweeks paragraphs (a) and (b) of this section, addition to the straighttime pay of $88 (see § 531.36), if their purpose and ef­ employers have been permitted to treat fect are not to evade the overtime re­ in cash and $11. in facilities, extra com­ as payments to employees for purposes pensation of $4.50 in cash for the 4 quirements of the Act or other law, pro­ of the Act sums paid at the employees’ overtime hours must, therefore, be paid viding the amount deducted does not ex­ direction to third persons for the follow­ ceed the amount which could be deducted by the employer, to meet the require­ ing purposes: Sums paid, as authorized if the employee had only worked the ments of the act. by the employee, for the purchase in his maximum number of straight-time hours P a y m e n t s M ad e t o P e r s o n s O t h e r T h a n behalf of U.S. savings stamps or U.S. during the workweek. For example, in a E m p l o y e e s savings bonds; union dues paid pursuant situation where $1.60 an hour is the to a collective bargaining agreement § 531.38 Amounts deducted for taxes. applicable minimum wage, if an em­ with bona fide representatives of the em­ ployee is employed at a rate of $1.65 an Taxes which are assessed against the ployees and as permitted by law; em­ hour (5 cents in excess of the minimum employee and which are collected by the ployees’ store accounts with merchants wage) the maximum amount which may employer and forwarded to the appropri­ wholly independent of the employer, be deducted from his wages in a 40-hour ate governmental agency may be included insurance premiums (paid to independ­ workweek for items such as tools, dyna­ as “wages” although they do not tech­ ent insurance companies where the em­ mite caps, miners’ lamps, or other articles nically constitute “board, lodging, or ployer is under no obligation to supply which are not “facilities” within the other facilities” within the meaning of the insurance and derives, directly or in­ meaning of the Act, is 40 times 5 cents or section 3(m ). This principle is appli­ directly, no benefit or profit from it). $2 (see § 531.36). Deductions in excess cable to the employee’s share of social voluntary contributions to churches ana of this amount for such articles are illegal security and State unemployment insur­ charitable, fraternal, athletic, and soda in overtime workweeks as well as in non­ ance taxes, as well as other Federal, organizations, or societies from overtime workweeks. There is no limit State, or local taxes, levies, and assess­ the employer receives no profit or benexi on the amount which may be deducted ments. No deduction may be made for directly or indirectly. for “board, lodging, or other facilities” in any tax or share of a tax which the law overtime workweeks (as in workweeks requires to be borne by the employer. P a y m e n t o f W a g e s t o T ip p e d E m plo ye e s when no overtime is worked), provided § 531.39 Payments to third persons pur­ § 531.50 Statutory provisions with re­ that these deductions are made only for suant to court order. spect to tipped employees. the “reasonable cost” of the items fur­ (•a) With respect to tipped employees, nished. When such items are furnished Where an employer is legally obliged, at a profit, the amount of the profit (plus as by order of a court of competent section 3(m) provides: the full amount of any deductions ior and appropriate jurisdiction, to pay a In determining the wage of a tipped em ployee, the amount paid such employee articles which are not facilities) may not sum for the benefit or credit of the em­ ployee to a creditor of the employee, his employer shall be deemed to be ln{* ^ exceed $2 in the example heretofore on account of tips by an amount deterrn used in this paragraph. These principles trustee, or other third party, under by the employer, but not by an amoy. hie assume a situation where bona fide de­ garnishment, wage attachment, trustee excess of 50 per centum of the appnc ductions are made for particular items in process, or bankruptcy proceeding, de­ minimum wage rate, except that in tne ^ accordance with the agreement or un­ duction from wages of the actual sum of an employee who (either himself or derstanding of the parties. If the situa­ so paid is not prohibited: Provided, That through his representative) shows o tion is solely one of refusal or failure to neither the employer nor any person satisfaction of the Secretary tha

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 PROPOSED RULE MAKING 227 actual amount of tips received by him was received by the employee for purposes allowable facilities without any deduc­ less than the amount determined by the of the Act. employer as the amount by which the wage tion for tips received under the provi­ paid him was deemed to be increased under § 531.54 Tip pooling. sions of section 3(m ). this sentence, the amount paid such em­ (b) Month. The definition of tipped ployee by his employer shall be deemed to Where employees practice tip splitting, employee does not require that the calen­ have been increased by such lesser amount. as where waiters give a portion of their dar month be used in determining (b) “Tipped employee” is defined in tips to the busboys, both the amounts whether more than $20 a month is cus­ section 3(t) of the act as follows: retained by the waiters and those given tomarily and regularly received as tips. "Tipped employee” means any employee the busboys are considered tips of the Any appropriate recurring monthly pe­ engaged in an occupation in which he individuals who retain them, in applying riod beginning on the same day of the customarily and regularly receives more than the provisions of section 3(m) and 3(t>. calendar month may be used. $20 a month in tips. Similarly, where an accounting is made (c) Individual tip receipts are control­ § 531.51 Conditions for taking tip to an employer for his information only ling. An employee must himself custom­ credits in making wage payments. or in furtherance of a pooling arrange­ arily and regularly receive more than ment whereby the employer redistributes $20 a month in tips in order to qualify The wage credit permitted on account the tips to the employees upon some as a tipped employee. The fact that he of tips under section 3(m) may be taken basis to which they have mutually agreed is part of a group which has a record of only with respect to wage payments made among themselves, the amounts received receiving more than $20 a month in tips under the Act to those employees whose and retained by each individual as his will not qualify him. For example, a occupations in the workweeks for which own are counted as his tips for purposes waitress who is newly hired will not be such payments are made are those of of the Act. “tipped employees” as defined in section considered a tipped employee merely be­ 3(t). Under section 3( t ) , the occupation § 531.55 Examples of amounts not re­ cause the other waitresses in the estab­ of the employee must be one “in which ceived as tips. lishment receive tips in the requisite amount. For the method of applying he- customarily and regularly receives A compulsory charge for service, such more than $20 a month in tips.” To the test in initial and terminal months as 10 percent of the amount of the bill, of employment, see § 531.58. determine whether a tip credit may be imposed on a customer by an employer’s taken in paying wages to a particular (d) Significance of minimum monthly establishment, is not a tip and, even if tip receipts. More than $20 a month in employee it is necessary to know what distributed by the employer to his em­ payments constitute “tips,” whether the tips customarily and regularly received ployees, cannot be counted as a tip re­ by the employee is a minimum standard employee receives “more than $20 a ceived in applying the provisions of month” in such payments in the occupa­ that must be met before any wage credit section 3(m) and 3 (t ). Similarly, where for tips is determined under section 3 tion in which he is engaged, and whether negotiations between a hotel and a cus­ (m ). It does not govern or limit the in such occupation he receives these pay­ tomer for banquet facilities include ments in such amount “customarily and determination by the employer or the amounts for distribution to employees .Secretary of Labor of the appropriate regularly.” The principles applicable to of the hotel, the amounts so distributed amount (up to 50 percent of the mini­ a resolution of these questions are dis­ are not counted as tips received. Like­ mum wage) of wage credit under section cussed in the following sections. wise, where the employment agreement 3(m) that may be taken for tips. 531.52 General characteristics of is such that amounts presented by cus­ “tips”. tomers as tips belong to the employer § 531.57 Receiving the minimum A tip is a sum presented by a customer and must be accounted for or turned amount “ customarily and regularly.” as a gift or gratuity in recognition of over to him, the employee is in effect The employee must receive more than some service performed for him. It is collecting for his employer additional $20 a month in tips “customarily and to be distinguished from payment of a income from the operations of the lat­ regularly” in the occupation in which he charge, if any, made for the service. ter’s establishment. Even though such is engaged in order to qualify as a tipped Whether a tip is to be given, and its amounts are not collected by imposition employee under section 3(t). If it is amount, are matters determined solely of any compulsory charge on the cus­ known that he always receives more than by the customer, and generally he has the tomer, plainly the employee is not the stipulated amount each month, as nght to determine who shall be the recip­ receiving tips within the meaning of may be the case with many employees in ient of his gratuity. In the absence of section 3(m) and 3( t ) . The amounts occupations such as those of waiters, an agreement to the contrary between received from customers are the em­ bellhops, taxicab drivers, barbers, or the recipient and a third party, a tip ployer’s property, not his, and do not beauty operators, the employee will qual­ becomes the property of the person in constitute tip income to the employee. ify and the tip credit provisions of sec­ recognition of whose service it is pre­ § 531.56 “ More than $20 a month in tion 3(m) may be applied. On the other sented by the customer. Only tips ac­ tips.” hand, an employee who only occasionally tually received by an employee as money or sporadically receives tips totaling belonging to him which hd may use as (a) In general. An employee who more than $20 a month, such as at he chooses free of any control by the em- receives tips, within the meaning of the Christmas or New Years when customers ma^ ke counted in determining Act, is a “tipped employee” under the may be more generous than usual, will whether he is a “tipped employee” within definition in section 3(t) when, in the not be deemed a tipped employee. The the meaning of the Act and in applying occupation in which he is engaged, the phrase “customarily and regularly” sig­ the provisions of section 3(m) which amounts he receives as tips customarily nifies a frequency which must be greater govern wage credits for tips. and regularly total “more than $20 a than occasional, but which may be less month.” An employee employed in an § 531.53 Payments which constitute tij than constant. If an employee is in an occupation in which the tips he receives occupation in which he normally and In addition to cash sums presented meet this minimum standard is a “tipped recurrently receives more than $20 a stomers which an employee keeps employee” for whom the wage credit pro­ month in tips, he will be considered a inni,0^n’ *ips received by an employ vided by section 3(m) may be taken in tipped employee even though occasion­ P^lude> within the meaning of the A computing the compensation due him ally, because of sickness, vacation or the amounts paid by bank check or oth under the Act for employment in such like, he fails to receive more than $20 in negotiable instrument payable at p occupation, whether he is employed in it tips in a particular month. and amounts transferred by the ei full time or part time. An employee P- JeV ° the employee pursuant to dire employed full time or part time in an § 531.58 Initial and terminal months. tiomi from credit customers who desi occupation in which he does not receive An exception to the requirement that . amounts to be added to their bi more than $20 a month in tips custom­ an employee, whether full-time, part- * Special gifts in forms oth arily and regularly is not a “tipped em­ time, permanent or temporary, will dJ^Hpi°.ney or its equivalent as abo ployee” within the meaning of the Act qualify as a tipped employee only if he nr rJl v ’ su,cl1 as theater tickets, pass» and must receive the full compensation customarily and regularly receives more merchandise, are not counted as ti required by its provisions in cash or than $20 a month in tips is made in the

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 228 PROPOSED RULE MAKING case of initial and terminal months of hours actually worked by him in that argument concerning this proposal to employment. In such months the pur­ workweek for which such compensation the Administrator, Wage and Hour and pose of the provision for tipped em­ was paid. (See Part 778 of this chapter Public Contracts Divisions, U.S. Depart­ ployees would seem fulfilled if qualifica­ for a detailed discussion of overtime ment of Labor, Washington, D.C. 20210, tion as a tipped employee is based on his compensation under the Act.) In ac­ within 30 days after this proposal is pub­ receipt of tips in the particular week or cordance with section 3(m ), a tipped lished in the F e d e r a l R e g is t e r . weeks of such month at a rate in excess employee’s regular rate of pay includes For the period between February 1, of $20 a month, where the .employee has the amount of tip credit taken by the em­ 1967 (the effective date of the above worked less than a month because he ployer (not in excess of 50 percent of the identified statutory amendment), and started or terminated employment dur­ applicable minimum wage), the reason­ the effective date of such amendment of 29 CFR Part 541 as will be made pursu­ ing the month. able cost or fair value of any facilities furnished him by the employer, as au­ ant to this proposal, no enforcement ac­ § 531.59 The tip wage credit. thorized under section 3(m) and this tion will be taken against any employer In determining compliance with the Part 531, and the cash wages including who takes any exemption he would be wage payment requirements of the Act, commissions and certain bonuses paid by entitled to take if the amendments here under the provisions of section 3 (m) the the employer. Any tips received by the proposed were in effect, even though 29 amount paid to a tipped employee by an employee in excess of the tip credit need CFR Part 541 as presently in effect may employer is deemed to be increased on not be included in the regular rate. not authorize such exemption. account of tips by an amount which Such tips are not payments made by the The proposed amendments to 29 CFR cannot exceed 50 percent of the mini­ employer to the employee as remunera­ Part 541 read as follows: mum wage applicable to such employee tion for employment within the mean­ 1. The title of 29 CFR Part 541 is re­ in the workweek for which the wage ing of the act. vised to read as follows : payment is made. This credit is in ad­ Signed at Washington, D.C., this 5th PART 541— DEFINING AND DELIMIT­ dition to any credit for board, lodging, day of January 1967. ING THE TERMS “ANY EMPLOYEE or other facilities which may be allow­ able under section 3(m ). The credit C l a r e n c e T. L u n d q u i s t , EMPLOYED IN A BONA FIDE EX­ allowed on account of tips may be less Administrator of the Wage and ECUTIVE, ADMINISTRATIVE, OR than 50 percent of the applicable mini­ Hour and Public Contracts PROFESSIONAL CAPACITY (INCLUD­ mum wage; it cannot be more. The ac­ Divisions, U.S. Department of ING ANY EMPLOYEE EMPLOYED tual amount is left by the statute to Labor. IN THE CAPACITY OF ACADEMIC determination by the employer on the [F .R . Doc. 67-256; F iled , Jan. 9, 1967; ADMINISTRATIVE PERSONNEL OR basis of his information concerning the 8:49 a.m .] tipping practices and receipts in his TEACHER IN ELEMENTARY OR SEC­ establishment. However, section 3(m) ONDARY SCHOOLS)” [ 29 CFR Part 541 1 provides that an employee who can show 2. Subpart A of 29 CFR Part 541 is to the satisfaction of the Secretary of EMPLOYEE EMPLOYED IN BONA FIDE amended by adding § 541.0, revising Labor that the actual amount of tips CAPACITY OF ACADEMIC ADMIN­ §§ 541.1, 541.2, and 541.3; § 541.5b is received by him was less than the amount deleted. The new and revised sections determined by the employer as a tip ISTRATIVE PERSONNEL OR TEACHER to read as follows: credit shall receive an appropriate wage Defining and Delimiting Terms adjustment. See § 531.50(a). As stated § 541.0 Terms used in regulations. in Senate Report No. 1487 (89th Cong. The Fair Labor Standards Amend­ (a) “Administrator” means the Ad­ 2d sess.), it is presumed that in the ments of 1966 (P.L. 89-601) amend the ministrator of the Wage and Hour and application of this special provision the exemption from the minimum wages and Public Contracts Divisions, U.S. Depart­ employee will be receiving at least the m a x im u m hours provisions of the Fair ment of Labor. The Secretary of Labor maximum tip credit in actual tips: “If Labor Standards Act of 1938 (29 U.S.C. has delegated to the Administrator the the employee is receiving less than the 201) in its section 13(a) (1) by inserting functions vested in him under section amount credited, the employer is re­ after the words “professional capacity” 13(a)(1) of the Fair Labor Standards quired to pay the balance so that the the parenthetical phrase relating to aca­ employee receives at least the minimum demic administrative personnel and (b) “Act” means the Fair Labor wage with the defined combination of teachers, to establish an exemption Standards Act of 1938, as amended. wages and tips.” Provision is made in which reads, in pertinent part, as fol­ § 531.7 for employee requests for review lows: § 541.1 Executive. of tip credit determinations made by Sec. 13. (a ) T h e p rovision s o f sections 6 and The term “employee employed in a employers, in the event that the employee 7 shall not apply with respect to— bona fide executive * * * capacity” in considers that the tip credit taken ex­ (1) any employee employed in a bona fide section 13(a)(1) of the Act shall m ean ceeds his actual tips. As indicated in executive, administrative, or professional ca­ pacity (including any employee employed in any employee: . . , § 531.51, the tip credit may be taken only consists oi the capacity of academic administrative per­ (a) Whose primary duty for hours worked by the employee in an the management of the enterprise in occupation in which he qualifies as a sonnel or teacher in elementary or secondary schools), or in the capacity of outside sales­ which he is employed or of a customari-y “tipped employee.” Under employment man (as such terms are defined and delimited recognized department or subdivision agreements requiring tips to be turned from time to time by regulations of the Sec­ thereof ; and . over or accounted for to the employer retary, subject to the provisions of the Ad­ (b) Who customarily and regularly to be treated by him as part of his gross ministrative Procedure Act, * * * ) directs the work of two or more otne receipts, it is clear from the legislative employees therein; and history that the employer must pay the It is proposed to make the amendments to 29 CFR Part 541 set out below to sup­ (c) Who has the authority to hire or employee the full minimum hourly wage, fire other employees or whose sugges­ since for all practical purposes the em­ ply the definitions and delimitations and interpretations of them responsive to the tions and recommendations as to ployee is not receiving tip income. See hiring or firing and as to the advanc - also § 531.54. above identified amendment to the Act and to make editorial changes needed in ment and promotion or any other chang § 531.60 Overtime payments. the remainder of the part. of status of other employees will be giv (a) When overtime is worked by a This proposal is made under the au­ particular weight; and , (d) Who customarily and regulars tipped employee who is subject to the thority of the cited Act and amendment, overtime pay provisions of the Act, his Reorganization Plan No. 6 of 1950 (3 exercises discretionary powers; an<*

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 PROPOSED RULE MAKING 229 his hours of work in the workweek to ac­ of not less than $100 per week (or $75 of not less than $115 per week (or $95 tivities which are not directly and closely per week if employed in Puerto Rico, the per week if employed in Puerto Rico, related to the performance of the work Virgin Islands, or American Samoa) ex­ the Virgin Island, or American Samoa) described in paragraphs (a) through (d) clusive of board, lodging, or other facili­ exclusive- of board, lodging, or other of this section: ties, or facilities: (2) Who, in the case of academic ad­ Provided, That this paragraph shall not Provided, That this paragraph shall not apply in the case of an employee who is ministrative personnel, is compensated for his services as required by subpara­ apply in the case of an employee who is in sole charge of an independent estab­ the holder of a valid license or certifi­ lishment or a physically separated graph (1) of this paragraph or on a salary basis which is at least equal to the cate permitting the practice of law or branch establishment, or who owns at medicine or any of their branches and least a 20-percent interest in the enter­ entrance salary for teachers in the school system or educational establish­ who is actually engaged in the practice prise in which he is employed; and thereof, or in the case of an employee (f) Who is compensated for his serv­ment or institution by which he is em­ ployed : who is the holder of'the requisite aca­ ices on a salary basis at a rate of not demic degree for the general practice of less than $100 per week (or $75 per week Provided, That an employee who is com­ medicine and is engaged in an intern­ if employed in Puerto Rico, the Virgin pensated on a salary or fee basis at a ship or resident program pursuant to Islands, or American Samoa) exclusive rate of not less than $150 per week the practice of medicine or any of its of board, lodging, or other facilities: (exclusive of board, lodging, or other branches, or in the case of an employee Provided, That an employee who is com­ facilities), and whose primary duty con­ employed and engaged as a teacher as pensated on a salary basis at a rate of sists of the performance of work de­ provided in paragraph (a) (3) of this not less than $150 per week (exclusive of scribed in paragraph (a) of this section, section. board, lodging, or other facilities), and which includes work requiring the exer­ Provided, That an employee who is com­ whose primary duty consists of the man­ cise of discretion and independent judg­ pensated on a salary or fee basis at a agement of the enterprise in Which he ment, shall be deemed to meet all of the rate of not less than $150 per week is employed or of a customarily recog­ requirements of this section. (exclusive of board, lodging, or other §541.3 Professional. nized department or subdivision thereof, facilities), and whose primary duty and includes the customary and regular The term “employee employed in a consists of the performance either of direction of the work of two or more bona fide * * * professional capacity” work described in paragraph (a) (1) or other employees therein, shall be deemed in section 13(a) (1) of the Act shall mean (3) of this section, which includes work to meet all of the requirements of this any employee: requiring the consistent exercise of dis­ section. (a) Whose primary duty consists of cretion and judgment, or of work requir­ § 541.2 Administrative. the performance of: ing invention, imagination, or talent in (1) Work requiring knowledge of an The term “employee employed in a a recognized field of artistic endeavor, bona fide * * * administrative * * * advanced type in a field of science or shall be deemed to meet all of the learning customarily acquired by a pro­ capacity” in section 13(a) (1) of the Act requirements of this section. shall mean any employee: longed course of specialized intellectual instruction and study, as distinguished § 541.56 [Deleted] (a) Whose primary duty consists of either: from a general academic education and 3. Sections 541.99 and 541.100 are re­ from an apprenticeship, and from train­ (1) The performance of office or non- vised to read as follows: ing in the performance of routine men­ manual work directly related to manage­ tal, manual, or physical processes, or § 541.99 Introductory statement. ment policies or general business opera­ (2) Work that is original and creative tions of his employer or his employer’s (a) Section 13(a)(1) of the Pair customers, or in character in a recognized field of Labor Standards Act, as amended, ex­ artistic endeavor (as opposed to work (2) The performance of functions in empts from the wage and hour provi­ which can be produced by a person the administration of a school system or sions of the Act “any employee employed endowed with general manual or in­ educational establishment or institution, in a bona fide executive, administrative, tellectual ability and training), and the a department or subdivision or professional capacity (including any result of which depends primarily on thereof, in work directly related to the employee employed in the capacity of the invention, imagination, or talent of academic instruction or training carried academic administrative personnel or the employee, or on therein; and teacher in elementary or secondary (3) Teaching, tutoring, instructing, or (b) Who customarily and regularly schools), or in the capacity of outside lecturing in the activity of imparting exercises discretion and independent salesman (as such terms are defined and judgment; and knowledge and who is employed and delimited from time to time by regula­ engaged in this activity as a teacher (c ) (1) Who regularly and directly as­ tions of the Secretary, subject to the certified or recognized as such in the sist a proprietor, or an employee em­ provisions of the Administrative Proce­ school system or educational establish­ ployed in a bona fide executive or ad­ dure Act, except that an employee of a ment or institution by which he is em­ ministrative capacity (as such terms are retail or service establishment shall not ployed; and denned in the regulations of this sub- be excluded from the definition of em­ part), or (b) Whose work requires the con­ ployee employed in a bona fide executive sistent exercise of discretion and Judg­ (2) Who performs under only gen- or administrative capacity because of ment in its performance; and eia,l supervision work along specialized the number of hours in his workweek (c) Whose work is predominantly in­ or technical lines requiring special train- which he devotes to activities not di­ tellectual and varied in character (as mg, experience, or knowledge, or rectly or closely related to the perform­ opposed to routine mental, manual, me­ (3) Who executes under only general ance of executive or administrative chanical, or physical work) and is of such supervision special assignments and activities, if less than 40 per centum of tasks; and character that the output produced or his hours worked in the workweek are the result accomplished cannot be (d) Who does not devote more than devoted to such activities)”. The re­ standardized in relation to a given period percent, or, in the case of an employee quirements of the exemption under this of time; and } a retail or service establishment who section of the Act are contained in Sub- aoes not devote as much as 40 percent, (d) Who does not devote more than part A of this part. 20 percent of his hours worked in the «L riL hoUrs worked in the workweek to workweek to activities which are not an § 541.1(H^ The definition of “executive” . ies, whi<* are n°t directly and °f?ly related to the performance of the essential part of and necessarily incident to the work described in paragraphs (a) Section 541.1 defines the term “bona thlv~ described in paragraphs (a) fide executive” as follows: The term rough (c) of this section; and through (c) of this section; and “employee employed in a bona fide exec­ Who is compensated for his (e) Who is compensated for his serv­ utive * * * capacity” in section 13(a) es on a salary or fee basis at a rate ices on a salary or fee basis at a rate (1) of the Act shall mean any employee:

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 230 PROPOSED RULE MAKING

(a) Whose primary duty consists of of goods or services to which the con­ These except the employee only from the the management of the enterprise in cept of retail selling or servicing applies. percentage limitations on nonexempt which he is employed or of a customarily As defined in section 13(a) (2) of the Act, work. They do not except the employee recognized department or subdivision such an establishment must make at least from any of the other requirements of § 541.1. Thus, while the percentage lim­ thereof; and 75 percent of its annual dollar volume (b) Who customarily and regularly of sales of goods or services from sales itations on nonexempt work are not directs the work of two or more other that are both not for resale and recog­ applicable, it is clear that an employee would not qualify for the exemption if employees therein; and nized as retail in the particular industry. (c) Who has the authority to hire or Types of establishments which may meet he performs so much nonexempt work fire other employees or whose sugges­ these tests include stores selling con­ that he could no longer meet the require­ tions and recommendations as to the sumer goods to the public; hotels; mo­ ment of § 541.1(a) that his primary duty hiring or firing and as to the advance­ tels; restaurants; some types of amuse­ must consist of the management of the ment and promotion or any other change ment or recreational establishments (but enterprise in which he is employed or of’ of status of other employees will be given not those offering wagering or gambling a customarily recognized department or particular weight; and facilities) ; hospitals, or institutions pri­ subdivision thereof. (d) Who customarily and regularly marily engaged in the care of the sick, 5. Section 541.117 is revised to read as exercises discretionary powers; and the aged, the mentally ill or defective follows: (e) Who does not devote more than residing on the premises, if open to the § 541.117 Amount o f salary required. 20 percent, or, in the case of an employee general public; public parking lots and of a retail or service establishment who parking garages; auto repair shops; gas­ (a) Compensation on a salary basis does not devote as much as 40 percent, oline service stations (but not truck at a rate of not less than $100 per week of his hours of work in the workweek to stops) ; funeral homes; cemeteries; etc. is required for exemption as an executive. activities which are not directly and Further explanation and illustrations of The $100 a week may be translated into closely related to the performance of the the establishments included in the term equivalent amounts for periods longer work described in paragraphs (a) “retail or service establishment” as used than 1 week. The requirement will be through (d) of this section: in the Act may be found in Part 779 of met if the employee is compensated bi­ this chapter. weekly on a salary basis of $200, semi­ Provided, That this paragraph shall not (2) Public and private elementary and monthly on a salary basis of $216.67 or apply in the case of an employee who secondary schools and institutions of monthly on a salary basis of $433.33. is in sole charge of an independent es­ higher education are, as a rule, not re­ However, the shortest period of payment tablishment or a physically separated tail or service establishments, because which will meet the requirement of pay­ branch establishment, or who owns at they are not engaged in sales of goods ment “on a salary basis” is a week. least a 20-percent interest in the enter­ or services to which the retail concept (b) In Puerto Rico, the Virgin Islands, prise in which he is employed; and applies. Under section 13(a) (2) (iii) of and American Samoa, the salary test for (f) Who is compensated for his serv­ the Act prior to the 1966 amendments, exemption as an “executive” is $75 per ices on a salary basis at a rate of not it was possible for private schools for less than $100 per week (or $75 per week week. physically or mentally handicapped or (c) The payment of the required sal­ if employed in Puerto Rico, the Virgin gifted children to qualify as retail or ary must be exclusive of board, lodging, Islands, or American Samoa) exclusive service establishments if they met the or other facilities; that is, free and clear. of board, lodging, or other facilities: statutory tests, because the special types On the other hand, the regulations in Provided, That an employee who is com­ of services provided to their students Subpart A of this part do not prohibit pensated on a salary basis at a rate of were considered by Congress to be of a the sale of such facilities to executives not less than $150 per week (exclusive of kind that may be recognized as retail. on a cash basis if they are negotiated board, lodging, or other facilities), and Such schools, unless the nature of their in the same manner as similar transac­ whose primary duty consists of the man­ operations has changed, may continue to tions with other persons. agement of the enterprise in which he qualify as retail or service establishments (d) The validity of including a salary is employed or of a customarily recog­ and, if they do, may utilize the greater requirement in the regulations in Sub- nized department or subdivision thereof, tolerance for nonexempt work provided part A of this part has been sustained and includes the customary and regular for executive and administrative employ­ in a number of appellate court decisions. direction of the work of two or more ees of retail or service establishments un­ See, for example, Walling v. Yeakley, 140 other employees therein, shall be deemed der section 13(a) (1) of the Act. F. (2d) 830 (C.A. 10); Helliwell v. Haber- to meet all of the requirements of this (3) The legislative history of the Act man, 140 F. (2d) 833 (C.A. 2); and section. makes it plain that an establishment en­ Walling v. Morris, 155 F. (2d) 832 (C.A. gaged in laundering, cleaning, or re­ 4. Section 541.112 is revised to read as 6) (reversed on another point in 332 pairing clothing or fabrics is not a retail U.S. 442); Wirtz v. Mississippi Publish­ follows: or service establishment. When the ers, 364 F. (2d) 603 (C.A. 5) ; Craig v. § 541.112 Percentage limitations on Act was amended in 1949, Congress ex­ Far West Engineering Co., 265 F. (2d) nonexempt work. cluded such establishments from the 251 (C.A. 9) cert. den. 361 U.S. 816; Hofer (a) An employee will not qualify for exemption under section 13(a) (2) be­ v. Federal Cartridge Corp., 71 F. Supp- exemption as an executive if he devotes cause of the lack of a retail concept in 243 (D.C. Minn.). the services sold by such establishments, more than 20 percent, or in the case of JS. Section 541.119 is revised to read as an employee of a retail or service estab­ and provided a separate exemption for follows: lishment if he devotes as much as 40 them which did not depend on status as percent, of his hours worked in the a retailer. Again in 1966, when this ex­ § 541.119 Special p ro viso fo r h igh sal­ workweek to nonexempt work. This test emption was repealed, Congress made it arie d executives. is applied on a workweek basis and the plain by exclusionary language that the (a) Section 541.1 contains a special percentage of time spent on nonexempt exemption for retail or service establish­ proviso for managerial employees w work is computed on the time Worked ments was not to be applied to laundries or dry cleaners. are compensated on a salary basis at by the employee. rate of not less than $150 per week exclu­ (b) (1) The maximum allowance of 20 (c) There are two special exceptions sive of board, lodging, or other faciiit • percent for nonexempt work applies un­ to the percentage limitations of para­ Such a highly paid employee is deemeaw less the establishment by which the em­ graph (a) of this section: meet all the requirements in paragrap ployee is employed qualifies for the (1) That relating to the employee in higher allowance as a retail or service (a) through (f) of § 541.1 if his Pnl?,h “sole charge” of an independent or duty consists of the management oi establishment within the meaning of the branch establishment, and enterprise in which he is employed o Act. Such an establishment must be (2) That relating to an employee own­ a customarily recognized department a distinct physical place of business, subdivision thereof and includes the . open to the general public, which is ing a 20-percent interest in the enter­ tomary and regular direction of the engaged on the premises in making sales prise in which he is employed.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 PROPOSED RULE MAKING 231

of two or more other employees therein.'' of board, lodging, or other facilities), and part provided the requirements for such If an employee qualifies for exemption whose primary duty consists of the per­ exemptions are met. under this proviso, it is not necessary to formance of work described in paragraph test his qualifications in detail under (a) of this section, which includes work 10. Sections 541.206 and 541.209 are paragraphs (a) through (f) of § 541.1. requiring the exercise of discretion and revised to read as set out below : (b) Mechanics, carpenters, linotype independent judgment, shall be deemed § 541.206 Primary duty. operators, or craftsmen of other kinds are to meet,all of the requirements of this not exempt under the proviso no matter section. (a) The definition of “administrative” how highly paid they might be. exempts only employees who are pri­ 8. In § 541.201 a new paragraph (c) ismarily engaged in the responsible work 7. Section 54.200 is revised to read as added to read as follows: which is characteristic of employment in follows: a bona fide administrative capacity. § 541.200 Definition o f “administra­ § 541.201 Types o f administrative em­ Thus, the employee must have as his tive” . ployees. primary duty office or nonmanual work ***** directly related to management policies Section 541.2 defines the term “bona or general, business operations of his fide * * * administrative” as follows: (c) Individuals engaged in the overall employer or his employer’s customers, The term “employee employed in a bona academic administration of an elemen­ or, in the case of “academic administra­ fide * * * administrative * * * capac­ tary or secondary school system include tive personnel,” the employee must have ity” in section 13(a) (1) of the Act shall the superintendent or pther head of the mean any employee: system and those of his assistants whose as his primary duty work that is di­ rectly related to academic administra­ (a) Whose primary duty consists of duties are primarily concerned with ad­ either: ministration of such matters as curricu­ tion or general academic operations of lum, quality and methods of instructing, the school in whose operations he is (1) The performance of office or non- employed. manual work directly related to manage­ measuring, and testing the learning po­ (b) Irt determining whether an em­ ment policies or general business opera­ tential and achievement of students, es­ ployee’s exempt work meets the “pri­ tions of his employer or his employer’s tablishing and maintaining academic customers, or and grading standards, and other as- mary duty” requirement, the principles explained in § 541.103 in the discussion (2) The performance of functions in pects of the teaching program. In indi­ of “primary duty” under the definition the administration of a school system or vidual school establishments those en­ of “executive” are applicable. educational establishment or institution, gaged in overall academic administra­ or of a department or subdivision there­ tion include the principal and the vice § 541.209 Percentage limitations on of, in work directly related to the aca­ principals who are responsible for the nonexempt work. demic instruction or training carried on operation of the school. Other em­ (a) Under 8 541.2(d), an employee therein; and ployees engaged in academic administra­ will not qualify for exemption as an ad­ (b) Who customarily and regularly tion are such department heads as the ministrative employee if he devotes more exercises discretion and independent heads of the mathematics department, than 20 percent, or, in the case of an judgment; and the English department, the foreign lan­ employee of a retail or service establish­

No. 32- ■ -T FEDERAL REGISTER, VOL. 32, NO. 5—TUESDAY, JANUARY 10, 1967 232 PROPOSED RULE MAKING quirement for exemption as an admin­ curricula in secondary education. Edu­ ' (d) Who does not devote more than istrative employee may be met either cation above the secondary school level 20 percent of his hours worked in the by the payment described in paragraph is in any event included in the programs workweek to activities which are not an (a) or (b) of this section, whichever is of institutions of higher education. essential part of and necessarily incident ' applicable, or alternatively by compensa­ Special schools for mentally or physi­ to the work described in paragraphs (a) tion on a salary basis in an amount which cally handicapped or gifted children are through (c) of this section; and is at least equal to the entrance salary included among the educational estab­ (e) Who is compensated for his serv­ for teachers in the school system, or edu­ lishments in which teachers and aca­ ices on a salary or fee basis at a rate of cational establishment, or institution by demic administrative personnel may not less than $115 per week (or $95 per which the employee is employed. qualify for the administrative ex­ week if employed in Puerto Rico, the (d) The payment of the requiredemption, regardless of any classification Virgin Islands, or American Samoa) ex­ salary must be exclusive of board, lodg­ of such schools as elementary, secondary, clusive of board, lodging, or other ing, or other facilities; that is, free and or higher. Also, for purposes of the facilities; clear. On the other hand, the regula­ exemption, no distinction is drawn be­ Provided, That this paragraph shall not tions do not prohibit the sale of such tween public or private schools. Ac­ apply in the case of an employee who is facilities to administrative employees on cordingly, the classification for other the holder of a valid license or certificate a cash basis if they are negotiated in the purposes of the school system or edu­ permitting the practice of law or medi­ same manner as similar transactions cational establishment or institution is cine or any of their branches and who is with other persons. ordinarily not a matter requiring con­ actually engaged in the practice thereof, sideration in a determination of whether or in the case of an employee who is the 12. Section 541.214 is revised to readthe exemption applies. If the work is as set out below: holder of the requisite academic degree that of a teacher or academic personnel for the general practice of medicine and § 541.214 Special proviso for high sal­ as defined in the regulations, in such an is engaged in an internship or resident aried administrative employees. educational system, establishment, or in­ program pursuant to the practice of stitution, and if the other requirements Section 541.2 contains a special pro­ medicine or any of its branches, or in of the regulations are met, the level of the case of an employee employed and viso including within the definition of instruction involved and the status of “administrative” an employee who is engaged as a teacher as provided in the school as public or private or oper­ paragraph (a) (3) of this section. compensated on a salary or fee basis at ated for profit or not for profit will not a rate of not less than $150 per week ex­ alter the availability of the exemption. Provided, That an employee who is com­ clusive of board, lodging, or other facili­ pensated on a salary or fee basis at a ties, and whose primary duty consists 14. Section 541.300 is revised to read as rate of not less than $150 per week (ex­ of either the performance of office or follows: clusive of board, lodging, or other facili­ nonmanual work directly related to man­ § 541.300 Definition of “professional”. ties) , and whose primary duty consists of agement policies or general business op­ the performance either of work described Section 541.3 defines the term “bona erations of his employer or his employer’s in paragraph (a) (1) or (3). of this sec­ fide * * * professional” as follows : The customers, or the performance of func­ tion, which includes work requiring the term “employee employed in a bona fide tions in the administration of a school consistent exercise of discretion and * * * professional capacity” in section system or educational establishment or judgment, or of work requiring inven­ 13(a) (1) of the Act shall mean any em­ institution, or of a department or sub­ tion, imagination, or talent in a recog­ ployee: division thereof, in work directly related nized field of artistic endeavor, shall be (a) Whose primary duty consists of to the academic instruction or training deemed to meet all of the requirements the performance of: carried on therein, where the perform­ of this section. ance of such primary duty includes work (1) Work requiring knowledge of an requiring the exercise of discretion and advanced type in a field of science or 15. In § 541.302 paragraph (e) is re­ independent judgment. Such a highly learning customarily acquired by a pro­ vised and a new paragraph (g) is added, paid employee engaged in such work as longed course of specialized intellectual to read as follows: instruction and study, as distinguished his primary duty “is deemed to meet all § 541.302 Learned professions. the requirements in § 541.2 (a) through from a general academic education and from an apprenticeship, and from train­ ***** (c ). If an employee qualifies for exemp­ (e) No need appears to translate the tion under this proviso, it is not necessary ing in the performance of routine mental, manual, or physical processes, word “prolonged” into arithmetical to test his qualifications in derail under terms. Generally speaking, the profes­ § 541.2 (a) through (c). or (2) Work that is original and creative sions which meet this requirement will 13. A new § 541.215 should be added toin character in a recognized field of include law, medicine, nursing, account­ read as follows: artistic endeavor (as opposed to work ancy, actuarial computation, engineer­ which can be produced by a person en­ ing, architecture, teaching, various types § 541.215 Elementary or secondary dowed with general manual or intellec­ of physical, chemical and biological sci­ schools and other educational estab­ tual ability and training), and the result ences, including pharmacy and so forth- lishments and institutions. of which depends primarily on the in­ The typical symbol of the professional To be considered for exemption as vention, imagination, or talent of the training and the best prima facie evi­ employed in the capacity of “academic employee, or dence of its possession is, of course, the administrative personnel,” the employ­ (3) Teaching, tutoring, instructing, appropriate academic degree, and m ment must be in connection with the or lecturing in the activity of imparting these professions an advanced academic operation of an elementary or secondary knowledge and who is employed and en­ degree is a standard (if not absolutely school system, an institution of higher gaged in this activity as a teacher certi­ universal) prerequisite. education or other educational establish­ fied or recognized as such in the school ***** system, or educational establishment, or ment or institution. Sections 3(v) and (g) (1) A requisite for exemption as a institution by which he is employed; and 3(w) of the act define elementary and teacher is the condition that the em­ (b) Whose work requires the consist­ secondary schools as those day or resi­ ployee is “employed and engaged” in this ent exercise of discretion and judgment dential schools which provide elemen­ activity as a teacher certified or recog­ tary or secondary education, as deter­ in its performance: and (c) Whose work is predominantly in­ nized as such in the school system, es­ mined under State law. Under the laws tablishment or installation by which he of most States, such education includes tellectual and varied in character (as is employed. the curricula in grades 1 through 12; opposed to routine mental, manual, me­ under many it includes also the intro­ chanical, or physical work) and is of (2) “Employed and engaged as a ductory programs in kindergarten. such character that the output produced teacher” denotes employment and en­ Such education in some States may in­ or the result accomplished cannot be gagement in the named specific occupa­ clude also nursery school programs in standardized in relation to a given period tional category as a requisite for exemp­ elementary education and junior college of time; and tion. Teaching consists of the a c tiv itie

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 PROPOSED RULE MAKING 233

of teaching, tutoring, instructing, lectur­ television announcers as professional em­ pensation on a salary or fee basis at a ing, and the like in the activity of im­ ployees has been relatively difficult be­ rate of not less than $115 per week (ex­ parting knowledge. Teaching personnel cause of the merging of the artistic clusive of board, lodging, or other facili­ may include the following (although not aspects of the job with the commercial. ties) is required for exemption as a “pro­ necessarily limited t o ): Regular aca­ There is considerable variation in the fessional” employee. An employee will demic teachers; teachers of kindergarten type of work performed by various an­ meet the requirement if he is paid a bi­ or nursery school pupils or of gifted or nouncers, ranging from predominantly weekly salary of $230, a semimonthly handicapped children; teachers of «killed routine to predominantly exempt work. salary of $249.17, or a monthly salary of and semiskilled trades and occupations; The wide variation in earnings as be­ $498.33. teachers engaged in automobile driving tween individual annoUncers, from the (b) In Puerto Rico, the Virgin Islands, instruction; aircraft flight instructors; highly paid “name” announcer on a and American Samoa, the required salary home economics teachers; and vocal or national network who is greatly in de­ is $95 per week. instrumental music instructors. Those mand by sponsors to the staff announcer (c) The payment of the compensation faculty members who are engaged as paid a comparatively small salary in a specified in paragraph (a) or (b) of this teachers but also spend a considerable small station, indicates not only great section is not a requisite for exemption amount of their time in extracurricular differences in personality, voice and man­ in the case of employees exempted from activities such as coaching athletic teams ner, but also in some inherent special this requirement by the proviso to § 541.3 or acting as moderators or advisers in ability or talent which, while extremely (e ), as explained in § 541.314. such areas as drama, forensics, or jour­ difficult to define, is nevertheless real. (d) The payment of the required nalism are engaged in teaching. Such ***** salary must be exclusive of board, lodg­ activities are a recognized part of the ing, or other facilities; that is, free and school’s responsibility in contributing 17. Section 541.304 is revised to read as follows: clear. On the other hand, the regula­ to the educational development of the tions in Subpart A of this part do not student. § 541.304 Primary duty. prohibit the sale of such facilities to pro­ (3) Within the public schools of all (a) For a general explanation of the fessional employees: on a cash basis if the States, certificates, whether condi­ term “primary duty” see the discussion of they are negotiated in the same manner tional or unconditional, have become a this term under “executive” in § 541.103. as similar transactions with other per­ - uniform requirement for employment as See also the discussion under “adminis­ sons. a teacher at the elementary and sec­ trative” in § 541.206. ondary levels. The possession of an 20. In § 541.3i3 paragraphs (c) and (b) The “primary duty” of an em­ elementary or secondary teacher’s cer­ (d) are revised to read as follows: ployee employed as a teacher must be tificate provides a uniform means of that of activity in the field of teaching. §541.313 Eee basis. identifying the individuals contemplated Mere certification by the State, or em­ * * * * * as being within the scope of the exemp­ ployment in a school will not suffice to tion provided by the statutory language (c) The adequacy of a fee payment— qualify an individual for exemption and defined in § 541.3-(a) (3) with respect whether it amounts to payment at a rate within the scope of § 541.3(a) (3) if the to all teachers employed in public schools of not less than $115 per week to a pro­ individual is not in fact both employed and those private schools who possess fessional employee (or at a rate of not and engaged as a teacher (see § 541.302 State certificates. However, the private less than $100 per week to an adminis­ (g )(2 )). The words “primary duty” schools of all the States are not uniform trative employee)— can ordinarily be de­ have the effect of placing major em­ m requiring a certificate for employment termined only after the time worked on phasis on the character of the employee’s as an elementary or secondary school the job has been deterhuned. In deter­ job as a whole. Therefore, employment teacher, and teacher’s certificates are mining whether payment is at the rate not generally necessary for employment and engagement in the activity of im­ specified in the regulations in Subpart A parting knowledge as a primary duty as a teacher in institutions of higher of this part the amount paid to the em­ shall be determinative with respect to education or other educational establish­ ployee will be tested by reference to a employment within the meaning of the ments which rely on othez; qualification standard workweek of 40 hours. Thus standards. Therefore, a teacher who is exemption as “teacher” in conjunction compliance will be tested in each case of not certified but is engaged in teaching with the other requirements of § 541.3. a fee payment by determining whether in such a school may be considered for 18. In § 541.307 a new paragraph (cl the payment is at a rate which would exemption provided that such teacher is is added to read as follows: amount to at least $115 per week to a recognized as meeting the m in im u m professional employee (or at a rate of § 541.307 Essential part o f and neces­ not less than $100 per week to an ad­ jj^MfiCations *or employment as a sarily incident to. teacher by the employing school or school ministrative employee) if 40 hours were ***** worked. ystezn and satisfies the other require­ ments of § 541.3. (c) Section 541.3(d) takes into con­ (d) The following examples will illus­ sideration the fact that there are teach­ trate the principle stated above: (4), Whether certification is condi- ing employees whose work necessarily in­ uona1 or unconditional will not affect the (1) A singer receives $25 for a song on volves some of the actual routine duties a 15-minute program (no rehearsal time aetermmation as to employment within and physical tasks also performed by ne scope of the exemption contemplated is involved). Obviously the requirement nonexempt employees. For example, a will be met since the employee would j ; s^tion. There is no standard ter- teacher may conduct his pupils on a field earn $115 at this rate of pay in far less tho niff7 States referring to trip related to the classroom work of his than 40 hours. mP^!5 eren,fc kinds of certificates. The pupils and in connection with the field (2) An artist is paid $60 for a picture. 0f sucb labels as permanent, trip engage in activities such as driving Upon completion of the assignment, it is 2enrwar« pJov4slonal. temporary, emer- a school bus and monitoring the behavior determined that the artist worked 20 limi+oii prof essi°nal, highest standard, of his pupils in public restaurants. nmited, and unlimited vary widely. For hours. Since earnings at this rate would These duties are an esstential part of and yield the artist $120 if 40 hours were **** sectlon the termi- necessarily incident to his job as teacher. worked, the requirement is met. desiSatfBxei l by 016 particular State in However, driving a school bus each day (3) An illustrator is assigned the illus­ .the certificates does not af- at the beginning and end of the school tration of a. pamphlet at a fee of $120. steL nf ?Kte” “&?tion Of the exempt status of the individual day to pick up and deliver pupils would When the job is completed, it is deter­ not be exempt type work. mined that the employee worked 60 re^ed w f 4i'30* paraeraph (e) (1) hours. If he worked 40 hours at this «vised to read as follows: 19. Section 541.311 is revised to read as follows: rate, the employee would have earned § 541.303 Artistic professions. only $80. The fee payment of $120 for § 541.311 Amount of salary or fees re­ work which required 60 hours to com­ . * quired. plete therefore does not meet the re­ emm i!! J1"116 determination of the e (a) Except as otherwise noted in para­ quirement of payment at a rate of $115 mpt or uonexempt status of radio ai graphs (b) and (c) of this section, com­ per week and the employee must be con-

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 234 PROPOSED RULE MAKING sidering amending 10 CFR Part 10, sidered nonexempt. It follows that if in sanitarians, dietitians, social workers, “Criteria and Procedures for Determin­ the performance of this assignment the psychologists, psychometrists, or other ing Eligibility for Access to Restricted illustrator worked in excess of 40 horns professions which service the medical Data or Defense Information,” to include in any week, overtime rates must be paid. profession. as a category of derogatory information Whether or not he worked in excess of § 541.315 Special proviso for high sal­ to be evaluated for that purpose the use 40 hours in any week, records for such aried professional employees. by an individual of a narcotic or halluci­ an employee would have to be kept in The definition of “professional” con­ nogenic drug, and to clarify the appli­ accordance with the regulations covering records for nonexempt employees (Part tains a special proviso for employees who cability of the existing regulations to the are compensated on a salary or fee basis habitual use of such a drug. 516 of this chapter). (exclusive of board, lodging, or other Pursuant to the Atomic Energy Act of 21. Sections 541.314 and 541.315 are re­ facilities) at a rate of at least $150 per 1954, as amended, Executive Orders vised to read as follows: week. Under this proviso, the require­ 10450 and 10865, and the Administrative § 541.314 Exception for physicians, ments for exemption in § 541.3 (a) Procedure Act of 1946, notice is hereby lawyers, and teachers. through (c) will be deemed to be met by given that adoption of the following an employee who receives the higher amendments to 10 CFR Part 10 is con­ (a) A holder of a valid license or cer­ salary or fees and whose primary duty templated. All interested persons who tificate permitting the practice of law consists of the performance of work re­ desire to submit written comments or or medicine or any of their branches, quiring knowledge of an advanced type suggestions for consideration in connec­ who is actually engaged in practicing the in a field of science or learning, or work tion with the proposed amendments profession, or a holder of the requisite as a teacher in the activity of imparting should send them to the Secretary, U.S. academic degree for the general practice knowledge, which includes work requir­ Atomic Energy Commission, Washington, of medicine who is engaged in an intern­ ing the consistent exercise of discretion D.C. 20545, within 30 days after publica­ ship or resident program pursuant to the and judgment, or consists of the per­ tion of this notice in the F e d e r a l R e g is ­ practice of his profession, or an employee formance of work requiring invention, t e r . Comments received after that pe­ employed and engaged as a teacher in imagination, or talent in a recognized riod will be considered if it is practical to the activity of imparting knowledge, is field of artistic endeavor. Thus, the ex­ do so, but assurance of consideration can­ excepted from the salary or fee require­ emption will apply to highly paid em­ not be given except as to comments filed ment. This exception applies only to the ployees employed either in one of the within the period specified. traditional professions of law, medicine, “learned” professions or in an “artistic” 1. Section 10.11, paragraph (a )(9 ), is and teaching and not to employees in profession and doing primarily profes­ related professions which merely serve amended. sional work. If an employee qualifies for 2. Section 10.11 is amended to delete these professions. exemption under this proviso, it is not the period at the end of paragraph (b) (b) In the case of medicine: (11) and substitute a semicolon therefor, (1) The exception applies to physi­ necessary to test his qualifications in de­ and to add an additional paragraph (b) cians and other practitioners licensed and tail under § 541.3 (a) through (c ). practicing in the field of medical science Signed at Washington, D.C., this 5th (12) . Paragraphs (a)(9) and (b)(12) of and healing or any of the medical special­ day of January 1967. ties practiced by physicians or practi­ § 10.11 read as follows: C l a r e n c e T. L u n d q t t is t , tioners. The term physicians means § 10.11 Derogatory information. Administrator of the Wage and medical doctors including general practi­ Hour and Public Contracts (a) Category “A” derogatory informa­ tioners and specialists; osteopathic phy­ Divisions, U.S. Department of tion. * * * sicians (doctors of osteopathy), includ- Labor. (9) Been, or is, a user of narcotic or clude podiatrists (sometimes called hallucinogenic drugs habitually, without and other practitioners in the field of [F .R . Doc. 67-257; F iled , Jan. 9, 1967; adequate evidence of rehabilitation. 8:49 a.m .] medical science and healing, who may in­ (b) Category “B” derogatory informa­ clude podiatrists (sometimes called tion. * * * chiropodists, dentists (doctors of dental (12) Has used a narcotic or hallucino­ medicine), optometrists (doctors of op­ ATOMIC ENERGY COMMISSION genic drug, except as prescribed or ad­ tometry or bachelors of science in ministered by a physician licensed to dis­ optometry). E 10 CFR Part 10 1 pense drugs in the practice of medicine. (2) Physicians and other practitioners included in subparagraph (1), of this ELIGIBILITY FOR ACCESS TO RE­ (Sec. 145, 68 S tat. 942; 42 U.S.C. 2165; sec. paragraph, whether or not licensed to STRICTED DATA OR DEFENSE IN­ 161, 68 S tat. 948; 42 TJ.S.C. 2201; E.O. 10450, 18 F.R. 2489; 3 CFR, 1949-1953 Comp., P- practice prior to commencement of an FORMATION internship or resident program, are ex­ 936; E.O. 10865, 25 F.R . 1583; 3 CFR, 1959- pected from the salary or fee require­ Use of Hallucinogenic Drugs for 1963 Com p., p. 398) ment during theirJntemship or resident Nonmedical Purposes Dated at Germantown, Md., this 4th program, where such a training program day of January 1967. is entered upon after the earning of the The use of hallucinogenic drugs for appropriate degree required for the gen­ nonmedical purposes has given rise to the For the Atomic Energy Commission. question whether such use is a relevant eral practice of their profession. W. B. M cCool, (c) In the case of medical occupations, consideration which should be evaluated Secretary. the exception from the salary, or fee in determining an individual’s eligibility requirement does not apply to pharma­ for access to Restricted Data or defense [FJt. Doc. 67-214; Filed, Jan. 9, 1967; cists, nurses, therapists, technologists, information. The Commission is con­ 8:45 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 235

Notices

(3) of this announcement, certificates a cash item for the face amount thereof. DEPARTMENT OF AGRICULTURE will be issued by CCC and forwarded to Interest earned on the face value of cer­ Commodity Credit Corporation the applicant. The issue date of the cer­ tificates received by the Federal Reserve tificate will be the date that payment was Bank of Kansas City will be paid by the CERTIFICATES OF INTEREST made to the Federal Reserve bank for Kansas City ASCS Data Processing Cen­ the account of CCC and the face amount ter. Interest earned on the face value Notice of Offering for Sale to Financial of the certificate shall be equal to the Institutions of certificates received by the Federal amount of the payment. There will be Reserve Bank-Branch, New Orleans will To the extent of its interest in the shown on the face of the certificate, by be paid by the New Orleans ASCS Com­ price-support loan pools established pur­ commodity and crop year, the pool in modity Office. When certificates are suant to § 1421.3821, et seq. Code of which the certificate evidences par­ presented directly to CCC, payment of Federal Regulations, published in 29 P.R. ticipation. the face amount, plus earned interest 3614, as amended, and to § 1427.2235, et (5) Hate of interest. Certificates will be made by the following offices: seq. Code of Federal Regulations, pub­ shall earn interest at the rate of 5.5 1. Present certificates payable through lished in 30 F.R. 7814, as amended, effec­ percent per annum. This rate is set the Federal Reserve Bank of Kansas City tive January 23,1967 CCC offers to finan­ forth in the cited regulations and may to: cial institutions the opportunity to par­ be increased or decreased by CCC on Kansas City ASCS Data Processing Center, publication in the F e d e r a l R e g is t e r of ticipate in the pools by making funds P o st Office B ox 205, Kansas C ity , M o. 64141. available to CCC in exchange for certifi­ an amendment to such regulations: Pro­ cates of interest, subject to the following vided, That for any decrease in the in­ 2. Present certificates payable through terms and conditions: terest rate, the effective date of such the Federal Reserve Bank-Branch, New (1) Application for participation. Fi­ decrease shall be at least 15 days after Orleans to: the date of publication of such amend­ nancial institutions may participate in New Orleans ASCS Commodity Office, 120 ment in the F e d e r a l R e g is t e r . Interest the pools effective January 23, 1967 pur­ M arais S treet, N ew O rleans, La. 70112. suant to the provisions of this announce­ earned will be paid on a 365-day basis ment by making application to: from and including the date of Issuance For prompt credit of the face amounts, shown on the certificate to, but not in­ Treasurer, C om m odity C red it C orporation , certificates should be presented for pay­ U-S. Department of Agriculture, Washing­ cluding, the maturity date, the date the ment through banking channels as pro­ ton, D.C. 20250. certificate is purchased by CCC, or the vided in this paragraph. date a certificate is to be presented to (a> On call by CCC. CCC reserves Applications may be made by letter or CCC for purchase pursuant to a call by the,right to call In for payment at any telegram. Applications will be received CCC,' whichever date first occurs. The time any outstanding certificates. Pub­ on publication of this notice and on a additional conditions set forth in the lic announcement of call pursuant to the continuing basis thereafter. Each ap­ cited regulations shall also be applicable. provisions of this paragraph will be made plication shall include the name and ad­ (6) Maturity date of certificates. The by publication in the F e d e r a l R e g is t e r dress of the applicant and the amount maturity date of a certificate issued pur­ at least 15 days before the date such cer­ of proposed participation. The appli­ suant to the provisions of this announce­ tificates are to be called. Such public cant should specify whether the certifi­ ment shall be August 1 of the year announcement shall identify the certif­ cates should be issued for subsequent next following the crop year indicated icates to be purchased. Financial in­ processing through the Federal Reserve on the certificate. If August 1 falls on stitutions should tender called certif­ Branch at New Orleans, La., for Saturday, Sunday, or national holiday, icates as soon as possible after publica­ participation in the cotton loan pools, or the maturity date shall be the next suc­ tion of the call notice. Interest on these the Federal Reserve Bank of Kansas ceeding business day. certificates will be paid to call date. In­ City, for participation in the grain loan (7) Transfer and endorsement of cer­ terest will not be paid for any period pools. Except as otherwise authorized tificates. Certificates may be trans­ beyond the call date. by the Treasurer, CCC, the minimum ac­ ferred to another financial institution by ceptable application shall be for $5,000 (b) At maturity. CCC will purchase endorsement and delivery at any time from the financial institutions at matu­ HA 6 P^imum amount for which a cer­ before date of tender for purchase by tificate will be issued) and applications rity (August 1) all outstanding certifi­ CCC. All endorsements may be made in cates or will issue new certificates ma­ ior amounts above $5,000 shall be in mul­ the manner customarily used in banking tiples of $1,000. turing on the next August 1 in exchange channels. A financial institution tender­ for all or any part of the outstanding cer­ (2> Acceptance of applications. Noti- ing certificates for purchase by CCC tificates. Financial institutions should ncation of acceptance or rejection of ap- shall insert Its ABA No. in the space pro­ Pucations will be made by mail unless tender maturing certificates as soon as vided on the face of the certificate to possible after July 15. Interest on these ■£p is requested to notify applicant by insure identification of the tendering certificates will be paid to maturity. In­ S rS ? telegram. CCC reserves the right financial institution. Inserting the ABA w reject any application, in whole or in terest will not be paid for any period No. only at the time of tender for pur­ beyond maturity. However, when ma­ part. Applications will be considered in chase by CCC will also facilitate trans­ me order received. turing certificates are tendered by August fers of certificates between financial in­ 8 and payment is requested in new certi­ «if?. Payment for face amounts of cer- stitutions before such purchase. ficates, the new certificates will earn In­ fart^nm t0 ?* issued- Payment for the (8) Purchase by CCC of outstanding terest from August 1. the certificate for which certificates. Financial institutions may ce£tS?1Cuntnh?s received notice of ac- receive payment for the face amount of Signed at Washington, D.C., on De­ avalSwi f a2 1)6 made ln immediately certificates at any time on presentation cember 29,1966. r i i l l fundf at anT Federal Reserve of the certificates through normal bank­ H. D. G o d f r e y , 77‘ branch for the account of CCC. ing channels to the Federal Reserve Bank Executive Vice President, ceint rJtSisu™ce °t certificates. On re­ named on the face of the certificate Commodity Credit Corporation. b a n k í f 20tIce from the Federal Reserve which will be at Kansas City or at New n* of payment pursuant to paragraph [F .R . D oc. 67-262; F iled . Jan. 9, 1967; Orleans. Certificates will be received as 8:49 a.m.J

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 236 NOTICES

Issued: January 6, 1967, Germantown, Accordingly, it is ordered, That: ATOMIC ENERGY COMMISSION Md. 1. Those portions of Agreement CAB 19274, as set forth in finding paragraphs [Docket No. 50-246] A t o m i c S a f e t y a n d L i c e n s ­ 1 and 2, are approved; and GENERAL DYNAMICS CORP. i n g B o a r d , 2. Jurisdiction is disclaimed with re­ S a m u e l W. J e n s c h , spect to that portion of Agreement CAB Chairman. Notice of Termination of Facility 19274, as set forth in finding para­ License [F .R . Doc. 67-356; F iled , Jan. 9, 1967; graph 3. 11:16 a.m.] Please take notice that on December Any air carrier party to the agreement, 30, 1966, the Atomic Energy Commission or any interested person, may, within 15 terminated License No, CX-24 in its en­ days from the date of service of this or­ der, submit statements in writing con­ tirety and amended those sections of In­ demnity Agreement No. B—9 which pro­ CIVIL AERONAUTICS BOARD taining reasons deemed appropriate, to­ gether with supporting data, in support vided indemnity coverage for activities [D o c k et N o. 15353; O rder E-24609] of or in opposition to the Board’s action conducted under -License No. CX-24. INTERNATIONAL AIR TRANSPORT herein. An original and 19 copies of License No. CX-24 authorized General the statements should be filed with the Dynamics Corp. to operate the Annular ASSOCIATION Board’s Docket Section. The Board Core Reactor Experiment nuclear reactor Order Regarding Fare Matters may, upon consideration or any such at Torrey Pines Mesa, Calif. statements filed, modify or rescind its On October 26, 1966, the General Dy­ Adopted by the Civil Aeronautics action herein by subsequent order. namics Corp. advised the Commission Board at its office in Washington, D.C., that the facility had been dismantled, on the 5th day of January 1967. This order will be published in the that the fuel had been returned to the Agreement adopted by Traffic Confer­ F e d e r a l R e g is t e r . ence 2 and Joint Conferences 1-2, 2-3, TR IG A Mark F nuclear reactor licensed By the Civil Aeronautics Board. under R-67, Docket No. 50—163, that the and 1-2-3 of the International Air control rod drives and ion chambers had Transport Association relating to fare [ s e a l ] H a r o l d R . S a n d e r s o n , been installed in the Mark F reactor, and matters; Docket 15353, Agreement CAB Secretary. that the remaining items of the facility, 19274 [F.R. Doc. 67-248; Piled, Jan. 9, 1967; namely the grid plates, support struc­ An agreement has been filed with the 8:48 a jn .] ture and experimental tube had been re­ Board, pursuant to section 412(a) of the moved and are presently being stored in Federal Aviation Act of 1958 (the Act) the TR IG A facility storage yard which and Part 261 of the Board’s Economic [D o c k et Nos. 17160, 17167; O rder E-24599] is maintained for high radiation stor­ Regulations, between various air car­ AIR TRANSPORT ASSOCIATION riers, foreign air carriers, and other car­ age as defined in 10 CFR Part 20. Ac­ ET AL. cordingly, License No. CX-24 is hereby riers, embodied in the resolutions of terminated in its entirety. Traffic Conference 2 and Joint Confer­ Order Regarding Accessorial Cargo ences 1-2, 2-3, and 1-2-3 of the Inter­ Services Dated at Bethesda, Md., this 30th national Air Transport Association day of December 1966. (LATA), and adopted by mail vote. The Adopted by the Civil Aeronautics For the Atomic Energy Commission. agreement has been assigned to above- Board at its office in Washington, D.C., designated CAB agreement number. on the 3d day of January 1967. P e t e r A . M o r r is , The agreement specifies fares to and In the matter of air carrier discussions Director, from Victoria Falls at the same level concerning accessorial cargo services; Division of Reactor Licensing. presently applicable to and from Living­ Dockets 17160 and 17167. [F .R . Doc. 67-215; P ile d , Jan. 9, 1967; stone. The agreement was necessitated On March 30, 1966, the Air Transport 8:45 a.m .] by the opening of a new airport at Vic­ Association (A T A ), on behalf of its toria Falls for international scheduled Cargo Services Committee, requested services on January 1, 1967. permission to meet and discuss specified [Docket No. 50-258] The Board, acting pursuant to sec­ accessorial cargo services. Stated briefly, tions 102, 204(a), and 412 of the Act, the cargo services to be discussed are ISOCHEM, INC. makes the following findings: identified as advance charges, consignee Order Postponing Hearing 1. The Board does not find the follow­ notification, extra copies of airbills, in- ing resolutions, which are incorporated bond shipments and customs procedures In the matter of Isochem Inc. (Fission in Agreement CAB 19274, to be adverse in warehousing, reserved and confirmed Product Conversion and Encapsulation to the public interest of in violation of space, proof-of-delivery requests, special Plant) ; Docket No. 50-258. the Act: procedures for shippers documents, spe­ On January 6, 1967, the Regulatory JT12( Mail 475) 054a JT12(M all 475) 064a cial handling services, and courier ship­ Staff of the Commission filed a Motion JT12 (M ail 475) 080d JT12 (M a il 475 )0 8 0 f ments. These items and the reasons for Continuance of the hearing now J T 1 2 (M a il 475)084y JT12(Mail 475) 088n advanced by the carriers in support of scheduled to convene in the Courtroom JT23 (M a ll 688) 055 JT23 (M a il 688) 065 the need for discussions of each of the U.S. District Courthouse and Fed­ JT123( Mall 475)058 JT123 (M ail 475) 068 are set forth in greater detail below. The eral Building, 825 Jadwin Avenue, Rich­ JT123 (M all 475) 080f JT123 (M all 475)084y Air Freight Forwarders Association (AFFA) filed a similar petition on April land, Wash., at 10 a m., on January 10, 2. The Board does not find the follow­ 1967, be postponed until January 31, ing resolutions, which are incorporated 26, 1966, asking to meet among them­ 1967. in Agreement CAB 19274, and which do selves and jointly with the direct air The Motion recited that the Isochem, not directly affect air transportation as carriers. By petition filed on December 15,196b, Inc. joined in the motion. defined by the Act, to be adverse to the American Airlines, Inc. (American) re­ Wherefore, it is ordered, That the public interest or in violation of the Act: aforesaid hearing scheduled to convene quested the Board to authorize th e do­ on January 10, 1967, be and it is hereby 220 (M a il 688) 052 200 (M a ll 688) 062 mestic scheduled air carriers to conduct JT23 (M a il 688) 058 JT23 (M a il 688) 068 postponed and in lieu thereof the hear­ joint discussions of the rules govern in g ing in this proceeding ordered by the 3. The Board finds that, on the basis the provision of airfreight assembly ana Commission shall convene at 10 a.m., on of all facts presently known, Resolution distribution services, with a view tow ara January 31,1967, in the Courtroom of the 200 (Mail 688) 084b, which is incorpo­ making an agreement on appropriate U.S. District Courthouse and Federal rated in Agreement CAB 19274, does not uniform rules governing these services. Building, 825 Jadwin Avenue, Richland, affect air transportation within the On the same date, AFFA filed a request Wash. meaning of the Act. that discussion of modification o f tn

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 NOTICES 237 assembly and distribution rules be in­ costly and valuable, and are frequently Industry, the Board expects AFFA to cluded among those matters covered by without charge over and above the car­ the petitions of the forwarders and direct notify all Board-authorized domestic air riers’ airport-to-airport rates. In addi­ freight forwarders of all ATA and AFFA carriers in Docket 17167. tion, there is an apparent trend toward With respect to the assembly and dis­ meetings scheduled, and that any au­ an increase in such services. These thorized forwarder be permitted to par­ tribution rules» the Board by Order El- practices result in higher overall costs 23426, dated March 28, 1966, invited ticipate in any forwarder agreements for the carriers which may tend to in­ which may be reached as a result of such comments upon the question of whether hibit their ability to reduce cargo rates. the Board’s model rules should be meetings. The Board will also approve Moreover, many of the services are pro­ the request of the forwarders to meet amended.1 This order was issued in vided outside the carriers’ tariffs, which Docket 17160, concurrently with Board with and discuss these matters with the situation lends itself to potential dis­ direct air carriers. We will not require, orders denying separate petitions of crimination among shippers. Some however, that the forwarders be present American, TWA, and United, requesting shippers, therefore, may avail them­ revisions of the Board’s definition of a during the final deliberations of the di­ selves of these accessorial services while rect air carriers or vice versa. shipment as contained in the Board’s other shippers may not be aware of the model rules. The Board had denied spe­ The Board concludes that these re­ existence of them. Competitive pres­ quests, as conditioned, should be granted, cific petitions to modify the model rules sures may be such as to preclude indi­ based to a considerable degree on con­ and will authorize such discussions for vidual carriers from actions which would a period of 120 days. As in the past, the siderations that relaxing the model rules tend to lessen any unwarranted free serv­ would tend to increase the discrimina­ Board will also condition its approval to ices now being provided or to offer such permit the attendance of Board ob­ tory aspects of assembly and distribution uneconomic services at an appropriate servers. and would provide additional preference charge. Accordingly, pursuant to the Federal to a large shipper and prejudice to a Unde/- the circumstances, the objec­ smaller shipper. Aviation Act O f 1958, and particularly tives sought by the carriers appear to sections 204(a), 412, and 414 thereof: There is a considerable difference of meet the general test of public interest It is ordered, That: opinion among the various respondents and the Board will authorize carrier dis­ 1. The Air Transport Association and as to whether any changes should be cussions of the matters specified, includ­ made in the current rules. Approxi­ the Air Freight Forwarders Association ing the assembly and distribution rules, are authorized to meet and discuss as­ mately half of the carriers replying to subject to appropriate safeguards. In the Board’s invitation wish to maintain sembly and distribution service rules and view of the potentially restrictive aspects practices and the other accessorial cargo the current rules, while the other half of the ATA/AFFA proposals, we condi­ wish to relax the rules in various ways. services listed in Appendix A below for tion our approval of the discussions to a period of 120 days from the date of The freight forwarders and shippers preclude the carriers from agreeing to this order; favor relaxation of the rules. eliminate or discontinue the offering of No discernible clear pattern has 2. A notice of any meeting called pur­ reasonable and proper accessorial serv­ suant to this order and an agenda of evolved nor any significant changes pro­ ices now being performed. This is not to matters to be discussed shall be filed with posed which would not raise additional say that the carriers cannot develop rea- problems. It appears that modifications the Board in this docket at least 15 cal­ . sonable standardized practices and pro­ endar days in advance, and the same no­ which permit greater flexibility and ease cedures, as well as reasonable limits on tice and agenda shall also be mailed (by the problem of traffic peaking may at services included in the published rates, the same time 'create discriminations the direct and indirect air carriers con­ but rather, that care is to be taken not to cerned) to their shippers, with such no­ among various categories of shippers. agree to eliminate those accessorial serv­ tice to include an invitation to submit Nevertheless, the development of air­ ices which the shippers have come to ex­ comments upon the agenda matters and freight transportation services of the pect of the air carriers. In this regard, kind and quality required in the public to request appointments for personal ap­ we will expect the carriers, both direct pearances at the carriers’ meetings; interest necessitates solution of these and indirect, to exercise all reasonable Problems. The Board believes measures to provide their shippers with 3. The Civil Aeronautics Board re­ that the proposed intercarrier discus­ advance notice of any meetings, to solicit serves the right to have one or more ob­ sions may result in the development of shipper comments, to permit shipper servers in attendance at all meetings of the carriers; workable rules that may provide addi­ attendance at the meetings for the pur­ tional flexibility, lessen the problems of pose of presenting their views, and to give 4. Complete and accurate minutes shall enforcement, and not be unjustly dis­ such shipper views careful consideration be kept of all discussions by the carriers, criminatory. during their deliberations. Any agree­ and a true copy thereof filed with the With respect to the other airfreight ments reached as a result of these discus­ Board not later than 15 days after the accessorial services, the carriers, both sions shall be filed with and approved by conclusion of each meeting; and indirecfc- wish to identify and the Board before they are effectuated. 5. Any agreement or agreements w * services now being performed Any accessorial services offered are to be reached as a result of such discussions J. ^ h individual carrier, to resolve filed in a tariff, along with any charges shall be filed with the Board in accord­ J r * ™ such services should be con- which may be made for such services.* ance with section 412 of the Act and ap­ lf so’ whether at an addi- The Board will also approve the for­ proved by the Board prior to being placed The ATA states that the warders’ request (AFFA) for discussions into effect. discussions will serve to stand- 5 domestic accessorial services of- looking toward a similar agreement, sub­ This order will be published in the ject to the same conditions as for the F ederal R egister. thflt ovJL»!'*16 carriers, and will assure direct air carriers. To insure the maxi­ thpcA sc^PI?ers making extensive use of mum possible awareness and participa­ By the Civil Aeronautics Board. c o n t r i make an appropriate tion of the domestic air freight forwarder it a J^lon k? khe c°st of such services, [ seal] H arold R. Sanderson, carri P,^farS B°ard that the air Secretary. servici« ^ 5Pi.°V-ding vari°us accessorial 3 This order permits discussion and agree­ A p p e n d ix A which, m many instances, are ment as to whether a particular practice or procedure, including assembly and distribu­ SUBJECTS INCLUDED AND SEASONS ADVANCED IN tion services, will be performed free or at a SUPPORT OF THE ATA PETITION TO DISCUSS 6d h rle<1 by 867611 carriers: charge, but not as to the establishment of a ACCESSORIAL SERVICES L i n e a l *!£ £ £ * Ltnes’ Inc > Eastern Air specific charge, a minimum or nattmnm 1. Advance charges. The carriers now have S S e S o m S a Tiser Une> Inc- charge, or the level of charges for a particular a tariff rule stating that they will advance J?*’ Trans World accessorial service. The carriers will be at the Air A lr L in e s> In c - an d by charges for various corollary services of other liberty individually to offer such nonfree inodes. It is stated that forwarders are ask­ Honolulu Ed^arders Association, accessorial services under an appropriate Forward in» d

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 NOTICES 238

ever, that some carriers have increasingly of­ ceeding now assigned to be held Janu­ traffic. To the extent that this service under fered, and influential shippers have insisted ary 23,1967, is hereby postponed to Feb­ the tariff rule may be expected to continue upon, priority treatment of their shipments to entail the advancement of significant ruary 28, 1967, at 10 a.m., e.s.t., in Room through the medium of reserved space. sums, with consequent drain on carrier work­ 726, Universal Building, Connecticut and The carriers state that this service requires ing capital, the carriers desire to consider Florida Avenues NW., Washington, D.C., certain additional administrative procedures some compensation for excessive capital costs before the undersigned examiner. and expenses and it would appear to be tim e­ and the expenses of collection and adminis­ ly to evaluate upon what basis reserved space tration. It is stated by the carriers that it Dated at Washington, D.C., January 4, might be appropriate to make a charge for should continue to be offered. 1967. The proposed industry meeting would be the advancement of charges in excess of a an appropriate forum for consideration of the [SEAL] E d w a r d T. S t o d o l a , specified amount (or specified percentage of above practices and the charges, if any, which Hearing Examiner. the air transportation involved), or on some other basis, so that shippers making exces­ should be made. [F.R. Doc. 67-250; Filed, Jan. 9, 1967; 6. Proof-of-delivery requests. It is stated sive use of the advance charges service would 8:48 a.m .] that an additional service must be provided make an appropriate contribution to "the by the carrier when proof of delivery is re­ cost of the service, instead of its being, in quested by customers, thus entailing an ad­ effect, borne by all shippers. ditional administrative expense. 2. Consignee notification. The air carriers As proposed by the carriers, the industry have stated that some shippers have re­ FEDERAL COMMUNICATIONS discussions w ill enable the carriers to discuss quested various arrival and transfer notifica­ the matter, including the question of the tions, and that such shippers have sometimes need for an appropriate minimum charge. COMMISSION made such tailor-made notices a condition 7. Special procedures for shippers docu­ [D o c k et Nos. 17065, 17066; FCC 66—1176] precedent to use of the carrier’s services. ments. It is stated that certain shippers, for The carriers state that giving notice of ar­ their own convenience, require the carriers STEPHEN VAUGHAN & ASSOCIATES rival at the airport of destination or a trans­ to prepare special summaries, reports and AND MULTIVISION NORTHWEST, fer point involves added expense, and not other documents, and that other shippers ex­ simply the cost of preparing and dispatching INC. pect carriers to sort and handle their internal the notice, i.e., the costs incident to added documents, thereby reducing the shippers procedural steps, which often disrupt the Memorandum Opinion and Order clerical and administrative activities. In normal and expeditious processing and de­ Designating Consolidated Hearing either case, the carriers state that they must livery of shipments by causing “notice ship­ provide manpower to perform special pro­ In re petitions by Stephen Vaughan & ments to be set aside pending completion of cedures not available generally to all ship­ Associates, Cleveland, Tenn., Docket No. the notice procedure, are stated to be of significance. The underlying question is pers. 17065, File No. CATV 100-7; Multivision The carriers state that industry review Northwest Inc., Dalton, Ga., Docket No. stated by the carriers to be one of economy would permit a determination of whether and efficiency of operation, in the overall 17066, File No. CATV 100-73; for author­ such special procedures should properly be interests of carriers and shippers. performed by the carriers, and if so, on what ity pursuant to § 74.1107 to operate The carriers believe that the discussions CATV systems in Cleveland and Dalton. sought may establish a comprehensive pic­ terms« 8. Special handling services. It is stated 1. The following are before us for ture of the industry practices, shippers’ de­ that air carriers, from time to time, are re­ sires, and problems incident to arrival and consideration: quired to provide special handling services transfer notifications, against which appro­ (a) Vaughan Associates proposes to which are not covered by any present tariff priate background measures (such as possible operate a CATV system in Cleveland provisions and that these services require which is in the Chattanooga, Tenn. revisions of tariff rules or the establishment many unique procedures and special equip­ of a compensatory charge) can be framed ment. These types of requests are stated to market, ranked as the 92d television so as to keep arrival notice practices within be as follows: market. Vaughan proposes to carry n proper bounds. _ . (a) Demands by shippers for specific con­ addition to the three Chattanooga VH 3. Extra copies of airbills. The standard nection for transfer traffic; stations the distant signals of the three industry practice1 provides for one copy of (b) The availability of aircraft electrical networks affiliates in both Knoxville, the Airbill for the consignor and one copy plug-in facilities for temperature and hu­ for the consignee. This practice is believed Tenn., and Atlanta Ga., and the edu­ midity control; cational station on channel 8 from Ath­ by the carriers to be legally sufficient and to (c) Special handling and placement on meet the requirements of most shippers. aircraft of certain types of commodities due ens, Ga. However, it is stated that some shippers are (b) Multivision, which operates a sys­ to their nature; requiring additional copies of the Airbill for (d) Special terminal services such as cold tem in Dalton, Ga., also in the Chatta­ a variety of their own internal purposes, and room, hot rooms, etc. nooga market, is now carrying the thre that this practice transfers to the air carrier The carriers believe that discussion of Chattanooga stations, the three Atlanta some of the customer’s internal administra­ these items would develop needed informa­ network VHF stations, two Kn0*v“oie tive costs. tion on these special services and relative One carrier reports that in one of its VHF stations, and the Athens educa­ costs, and the extent, if any, to which these tional station. It proposes to carry in major cities 104 shippers request additional should be properly charged to the beneficiary copies; another air carrier reports 210 major addition the educational and commercial of these services. shippers on its system request anywhere from 9. Courier shipments. Most shipments ac­UHF stations from Atlanta,1 as well as two to si? extra copies. The carriers antici­ companied by couriers require special han­ number of educational and commerc pate that industry discussions will establish dling in order to assure their location on the signals from Mount Cheaha State > the costs attributable to providing these aircraft and to permit priority loading and extra copies, and the extent, if any, to which Birmingham, and Huntsville, all *n unloading. Consideration should be given these costs should be properly borne by the bama, from Asheville, N.C., and fr to whether such special service is preferen­ custom er. Nashville, Tenn. tial or discriminatory. 4. In-bond shipments and customs proce­ The petitioners (Vaughan filed dures in warehousing. Services and charges [F .R . Doc. 67-249; F iled , Jan. 9, 1967; 1966; Multivision on June 17, i in this area have been adopted by IATA 8:48 a.m .] pursuant to Resolution 512—b and approved would have the Commission waive t by the Board for international traffic.2 The hearing requirements of § 7411,uihpir same services are allegedly being provided [D o c k et N o. 14868 etc.] order to permit them to im plem ent tnei for domestic shipments. proposals. Opposition has been _ Industry discussions are stated by the car­ LAKE CENTRAL AIRLINES, INC. the Multivision proposal by W K w " ’ riers to be desirable to define standard world­ Reopened “Use It or Lose It” and Chattanooga, and to the Vaughan p wide services for the customer and to con­ tion by W RCB-TV, WDEF-TV, and W sider the possible need for compensatory Route Realignment Investigation charges for these services of the air carriers. WTVC, all in Chattanooga. (Service to Marion, Ind., Case); 2. The Chattanooga market has ' 5. Reserved and confirmed space. H isto r­ Postponement of Prehearing Con­ total net weekly circulation of 20 > ically, no tariff provision has been made for the reservation of freight space or priority ference The city, with a population of l > between classes of freight. It is stated, how- Notice is hereby given, pursuant to the provisions of the Federal Aviation Act of 1 Multivision, seeks in some Ç m 1 Agre em en t C A B 10973—A59. 1958, as amended, that the prehearing mission to carry UHF stations not as y 2 See Board Order E-24040, dated Aug. 4, conference in the above-entitled pro- op eration . 1966.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 NOTICES 239

has channels 3, 9, 12, *45, and 61 as­ 2. To determine the effects of current vision service that may be made avail­ signed to it. Stations are operating on and proposed CATV service in the Chat­ able to the community. Therefore, it channels 3, 9, and 12; a construction tanooga market upon existing, proposed, is further ordered, That until the pro­ permit has been issued for *45; and ap­ and potential television broadcast sta­ ceeding here is resolved, Stephen plication is pending for channel 61; tions in the market. Vaughan and Associates is authorized channel *24 is allocated to Athens, 3. To determine, as to Multivision to operate a CATV system in Cleveland, Tenn. In addition to Multivision’s own Northwest, whether waiver as requested Tenn., which would offer in addition to CATV system in Dalton, the only infor- of the carriage and nonduplication pro­ the Chattanooga stations the signals of - mation that has come to our attention visions of the Commission’s CATV rules the Knoxville, Tenn., television stations as to operating systems in the Chatta­ is warranted. and of the educational station in Athens, nooga market shows a system in Athens, 4. To determine (1) the present policy Ga. This authority will terminate as to Tenn., which carries among others the and proposed future plans of respond­ the Athens, Ga., educational station three stations operating in Knoxville, ents with respect to the furnishing of when the Chattanooga educational out­ Tenn. any service other than the relay of the let becomes operational. 3. (a) Cleveland (population 16,196) signals of broadcast stations; (2) the is in Bradley County, approximately 28 potential for such services; and (3) the Released: January 5,1967. miles northeast of Chattanooga, but not impact of such services upon television F e d e r a l C ommunications in the Urbanized or Standard Metropoli­ broadcast stations in the market. C o m m i s s i o n ,3 tan Statistical Areas. Cleveland has no 5. To determine whether the CATV __ [ s e a l ] B e n F . W a p l e , television channels assigned to it, no proposals are consistent with the public Secretary. translators in operation, nor CATV sys­ interest. tems functioning. In support of its re­ [F .R . D oc. 67-252; F iled , Jan. 9, 1967; 8:49 a.m .] quest, Vaughan Associates relies upon Roy H. Park Broadcasting of Tennessee, the circumstances that considerable Inc., Rust Craft Broadcasting of Ten­ nessee, Inc., Martin Theatres of Georgia, sums of money were expended and sub­ [D o c k e t Nos. 17056, 17057; FC C 66M -1764] stantial construction completed prior to Inc., Stephen Vaughan and Associates, February 15, 1966, and that its proposal and Multivision Northwest, Inc. are COSMOS CABLEVISION CORP. AND would bring to Cleveland an educational parties to this proceeding and, to parti­ AIKEN CABLEVISION, INC. cipate, must comply with the applicable station as well as a wider choice of com­ Order Scheduling Hearing mercial television programing, (b) The provisions of § 1.221 of the Commission’s Multivision system operates in Dalton rules. The burden of proof is upon the In re petitions by Cosmos Cablevision (population 17,868), about 30 miles petitioners. A time and place for the Corp., North Augusta, S.C., Docket No. southeast of Chattanooga, and is also hearing will be specified in another order. 17056, File No. CATV 100-1; Aiken outside the Chattanooga Census Areas. 5. Hearing having been ordered on the Cablevision, Inc., Aiken, S.C., Docket The system has 55 miles of cable and interaction between CATV and broad­ No. 17057, File No. CATV 100-19; for 700 subscribers, carries nine television cast television in this market, there re­ authority pursuant to § 74.1107 to oper­ signals, provides time, weather, and mains for consideration the question of ate CATV systems in North Augusta and ■FM.2 Multivision, in support of its re- whether a measure of relief at this time Aiken: m . rebes substantially on contentions would serve the public interest “in the It is ordered, This 21st day of Decem­ that its present annual revenue is insuf­ larger and more effective use of radio.” ber 1966, that David I. Kraushaar shall ficient to support its investment and 6. As to Multivision’s Dalton, Ga., sys­ serve as Presiding Officer in the above- yearly operating expenses, and that it tem, we are persuaded by the following entitled proceeding; that the hearings must augment the number of signals on considerations that permission should therein shall be convened on January its operating system in order to diversify be extended to add to the system the 24, 1967, at 10 a.m.; and that a pre- Programing and to attract additional Atlanta educational and commercial hearing conference shall be held on subscribers. Multivision has also asked UHF stations: (a) Dalton is now re­ January 13,1967, commencing at 9 a.m.: for a waiver of the carriage and nondu- ceiving on the cable the VHF, network- And, it is further ordered, That all pro­ pucation provisions of our rules. affiliated signals from Atlanta, the State ceedings shall be held in the offices of the 4. We are not persuaded that a case capital; (b) we have in other instances, Commission, Washington, D.C. e.g. Athens TV Cable, FCC 66-953, re­ Tvf ^een made for waiver of hearing, Released: January 4, 1967. he reasons advanced in support of the leased November 7,1966, found it appro­ Petitions do not clearly meet our concern priate to accommodate distant UHF F e d e r a l C ommunications stations by authorizing the CATV sys­ firm *n ^be Preserva- C o m m i s s i o n , f .. ^M*??Potential particularly in view tem to carry their signals where the [ s e a l ] B e n F . W a p l e , system also carries their VHF compet­ t l w . substantial UHF activity in this Secretary. itors. Therefore, it is further ordered, sli„hfS1OAi?arket and the comparatively [F .R . Doc. 67-254; F iled , Jan. 9, 1967; penetration. Nor do we That the provisions of § 74.1107 of the 8:49 a.m .] rules are waived in order to permit case 1185 been made for Multivision’s Dalton, Ga., CATV system t i (^ v i l0f the carriase and nonduplica- to carry the signals of the Atlanta, Ga., [Docket No. 16867] MulHvSUli:ements °* ^be ^ le s h-s to UHF stations. s 2 m i 10i S system’ In - view of the TAXICAB RADIO SERVICE of cbannel capacity and the lack 7. Without prejudicing our ultimate surrounding the waiver re- decision, a fair accomodation of the con­ Order Extending the Time for Filing flicting considerations would result from for lt an apPr°Priate matter interim permission allowing Vaughan Comments ordered tt is therefore Associates’ Cleveland CATV system to that s day of December 1966, In the matter of inquiry into the carry the Knoxville signals. In reach­ requirement of the taxicab radio service aredeniert^H0nS for waiver of hearing ing this determination, we have taken 303 and ^ D i i r s u a n t to sections 4(1), for all of the frequencies available within into account, in addition to the equities Act and Communications standard metropolitan areas of 50,000 or of the situation, such considerations as rules that74'1107 o f.the Commission’s more population in the 152 and 157 Mc/s ordered oonsolidated hearing is the size of the Cleveland community, its bands; Docket No. 16867. l tv! ^n.the following issues: distance from Chattanooga, and the cir­ 1. The Chief, Safety and Special Radio cumstance that Grade B signals from Posed nAnit617?/116 the Present and pro- Services Bureau, acting under delegated Knoxville are available in the adjoining authority, has under consideration a ^mceiin______the thpaphaffnd Chattanooga extent market. of CATV county. Additionally, since there is no operating educational station in the 8 Dissenting statement of Commissioner Chattanooga market, carriage of nearby Bartley and concurring and dissenting su2elSatS L °L :‘grr dfa^ ering” 18 not statement of Commissioner Cox filed as mere statement ^ her6 by WRCB-TV’s educational channel 8 (W GTV, Athens, tement« the question. part of original document; Commissioner Ga.) would usefully augment the tele­ Wadsworth absent. •

No. 32- FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 240 NOTICES request filed by the International Taxi­ to the delivering carrier; Mid by deleting Washington office of the Federal Mari­ cab Association for extension of time for reference to the specific APL tariff which time Commission, 1321 H Street NW., filing comments in the above-entitled was originally designated as applying to Room 689; or may inspect agreements at proceeding. The prescribed time for the carriage of cargo in this Service. the Office of the District Managers, New York, N.Y., New Orleans, La., and San filing comments expired on October 17, Dated: January 4,1967. 1966, and the time for filing was extended Francisco, Calif. Comments with ref­ to December 1, 1966, by order released By order of the Federal Maritime erence to an agreement including a re­ October 14, 1966 (31 F.R. 13487). Commission. quest for hearing, if desired, may be sub­ 2. In support of the request, the peti­ mitted to the Secretary, Federal Mari­ T h o m a s L i s i , time Commission, Washington, D.C. tioner states that additional time is Secretary. necessary to obtain all data from its 20573, within 20 days after publication [F .R . Doc. 67-244; F iled , Jan. 9, 1967; of this notice in the F e d e r a l R eg iste r. members to respond to the notice of 8:48 a.m .] inquiry. A copy of any such statement should also 3. In view of the foregoing: It is or­ be forwarded to the party filing the dered, This 23d day of December 1966, PACIFIC CO AST-AUSTRALASIAN agreement (as indicated hereinafter) and the comments should indicate that pursuant to §§ 0.331(b) (4) and 1.46 of TARIFF BUREAU the Commission’s rules, that the above- this has been done. described request of the International Notice of Agreement Filed for Notice of agreement filed for approval Taxicab Association is granted and that Approval by: the time for filing comments in the Mr. W. C. Galloway, Chairman, Pacific West­ above-entitled proceeding is extended to Notice is hereby given that the fol­ b o u n d C onference, 635 Sacram ento Street, January 30, 1967. lowing agreement has been filed with the San Francisco, C alif. 94111. Commission for approval pursuant to Agreement 57-88, between the member Released: December 29, 1966. section 15 of the Shipping Act, 1916, as lines of the Pacific Westbound Confer­ amended (39 Stat. 733, 75 Stat. 763, 46 F e d e r a l C ommunications ence, modifies paragraph (a) of Article U.S.C. 814). C o m m i s s i o n , 7 of the Appendix to Agreement 57, as Interested parties may inspect and ob­ [ s e a l ] B e n F . W a p l e , amended, by deleting “Asbestos—Crude, tain a copy of the agreement at the Secretary. Fiber, Refuse, Sand, Shorts” from the Washington office of the Federal Mari­ [F .R . D oc. 67-253; F iled , Jan. 9, 1967; list of Northern District local initiative 8:49 a jn .] time Commission, 1321 H Street NW., Room 609; or may inspect agreements at commodities. the Office of the District Managers, New Dated: January 4,1967. York, N.Y., New Orleans, La., and San By order of the Federal Maritime Com­ Fraribisco, Calif. Comments with ref­ FEDERAL MARITIME COMMISSION mission. erence to an agreement including a re­ T h o m a s U s i, AMERICAN PRESIDENT LINES, LTD., quest for hearing, if desired, may be sub­ Secretary. AND CHINA NAVIGATION CO., mitted to the Secretary, Federal LTD. Maritime Commission, Washington, D.C. [F.R. Doc. 67-246; Filed, Jan. 9, 1967; 20573, within 20 days after publication of 8:48 a.m .] Notice of Agreement Filed for t h is notice in the F e d e r a l R e g is t e r . A Approval copy of any such statement should also be forwarded to the party filing the TRANS PACIFIC FREIGHT Notice is hereby given that the follow­ agreement (as indicated hereinafter) CONFERENCE ing agreement has been filed with the and the comments should indicate that Notice of Agreement Filed for Commission for approval pursuant to this has been done. section 15 of the Shipping Act, 1916, as Notice of agreement filed for approval Approval amended (39 Stat. 733, 75 Stat. 763, 46 by: Notice is hereby given that the follow­ U.S.C. 814). ing agreement has been filed with the Interested parties may inspect and ob­ Mr. W. C. Galloway, Chairman, Pacific Coast Commission for approval pursuant to tain a copy of the agreement at the A u stralasian T a r iff B ureau, 635 Sacram en to S treet, San Francisco, C alif. 94111. Washington office of the Federal Mari­ section 15 of the Shipping Act, 191°. time Commission, 1321 H Street NW., Agreement 50-16, between the member as amended (39 Stat. 733, 75 Stat. 76 , Room 609; or may inspect agreements at lines of the Pacific Coast-Australasian 46 U.S.C. 814). . u Interested parties may inspect an a oo- the office of the District Managers, New Tariff Bureau, changes the conference’s tain a copy of the agreement at tne York, N.Y., New Orleans, La., and San quorum and voting requirements as set Francisco, Calif. Comments with refer­ forth in Articles X III and X IV of the Washington office of the Federal Ma - ence to an agreement including a request basic agreement. time Commission, 1321 H S tr e e t NW., Room 609; or may inspect agreements ai for hearing, if desired, may be submitted Dated: January 4,1967. to the Secretary, Federal Maritime Com­ the Office of the District Managers, New mission, Washington, D.C. 20573, within By order of the Federal Maritime York, N.Y., New Orleans, La^and ban 20 days after publication of this notice Commission. Francisco, Calif. Comments with reier- ence to an agreement including a reque, in the F e d e r a l R e g is t e r . A copy of any T h o m a s L i s i , such statement should also be forwarded Secretary. for hearing, if desired, may be suomi to the party filing the agreement (as in­ to the Secretary, Federal Maritime Co - [F .R . Doc. 67-245; F iled , Jan. 9, 1967; mission, Washington, D.C. 20573, w dicated hereinafter) and the comments 8:48 a.m .] should indicate that this has been done. 20 days after publication of this n otice the F e d e r a l R e g is t e r . A copy Notice of agreement filed for approval PACIFIC WESTBOUND CONFERENCE such statement should also be forwar by: to the party filing the agreement (as n Mr. D. J. Morris, Assistant Manager, Amer­ Notice of Agreement Filed for dicated hereinafter) and the o ican President Lines, 601 California Street, should indicate that this has ^)ee^ aj San Francisco, Calif. 94108. Approval Notice of agreement filed for approv Notice is hereby given that the follow­ Agreement 9591-1 between American by: President Lines, Ltd., and China Navi­ ing agreement has been filed with the Commission for approval pursuant to Charles F. Warren, Esquire, Graham Ja®^ gation Co., Ltd., modifies the existing and Rolph, 1725 DeSales Street NW.. wasu section 15 of the Shipping Act, 1916, as transshipment agreement between these in g to n , D.C. 20036. two carriers by adding provision that amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814). Agreement 14r-24, between the member overtime storage charges incurred pend­ lines of the Trans-Pacific Freight con ing transshipment will be divided 50 per­ Interested parties may inspect and cent to the initial carrier and 50 percent obtain a copy of the agreement at the ference, modifies the basic agreeme

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 NOTICES 241

that conference by establishing a Saigon described in the respective applications quired, further notice of such hearing Bates Committee with full authority to and amendments which are on file with will be duly given: Provided, however, set rates from Saigon on commodities not the Commission and open to public in­ That pursuant to § 2.56, Part 2, State­ common to the trade from Hong Kong. spection. ment of General Policy and Interpreta­ Dated: January 4, 1967. Protests or petitions to intervene may tions, Chapter I of Title 18 of the Code be filed with the Federal Power Com­ of Federal Regulations, as amended, all By order of the Federal Maritime mission, Washington, D.C. 20426, ip ac­ permanent certificates of public conven­ Commission. cordance with the rules of practice and ience and necessity granting applications, T h o m a s L i s i , procedure (18 CFR 1.8 or 1.10) on or filed after April 15, 1965, without fur­ Secretary. before January 19,1967. ther notice, will contain a condition pre­ [F.R, Doc. 67-247; Filed , Jan. 9, 1967; Take further notice that, pursuant to cluding any filing of an increased rate at 8:48 a.m .] the authority contained in and subject to a price in excess of that designated for the jurisdiction conferred upon the Fed­ the particular area of production for the eral Power Commission by sections 7 and period prescribed therein unless at the 15 of the Natural Gas Act and the Com­ time of filing such certificate application, FEDERAL DEPOSIT INSURANCE mission’s rules of practice and proce­ or within the time fixed herein for the dure, a hearing will be held without fur­ filing of protests or petitions to intervene CORPORATION ther notice before the Commission on all the Applicant indicates in writing that WESTERN MARYLAND TRUST CO. applications in which no protest or peti­ it is unwilling to accept such a condition. tion to intervene is filed within the time In the event Applicant is unwilling to Notice of Application for Exemption required herein if the Commission on its accept such condition the application own review of the matter believes that will be set for formal hearing. Pursuant to authority granted the a grant of the certificates or the authori­ Under the procedure herein provided Corporation under sections 12(h) and zation for the proposed abandonment is for, unless otherwise advised, it will be 12 (i) of the Securities Exchange Act of required by the public convenience and unnecessary for Applicants to appear or 1934, as amended, notice is hereby given necessity. Where a protest or petition to all interested parties that the Western for leave to intervene is timely filed, or be represented at the hearing. ( Maryland Trust Co., Frederick, Md., has where the Commission on its own motion G o r d o n M . G r a n t , applied to the Federal Deposit Insurance believes that a formal hearing is re- Corporation for exemption from certain Acting Secretary. provisions of that Act. The bank has asked the Corporation to exempt it, its Docket No. and date filed Applicant Pres­ officers, directors, and certain controlling Purchaser, field, and location Price per Mcf sure persons from the requirements of sec­ base tions 12, 13, 14, and 16 of the Act. G-4846...... Alvin Wilson (successor to C. D. Tennessee Gas Pipeline Co., a 115.4248 14.65 Notice is hereby given that interested E 12-20-66 Davis), Post Office Box 345L division of Tenneco, Inc., Beth­ persons will have opportunity to present Tyler, Tex. 75701. any Field, Panola County, Tex. their written views or comments on this G-9314...... Amerada Petroleum Corp., Post Colorado Interstate Gas Co., 0 application within 20 days following the D 12-19-66 Office Box 2040, Tulsa, Okla. Greenwood Field, Morton 74102 (partial abandonment). County, Kans. date of publication of this notice in the G-10354...... Atlantic Richfield Co., Post Texas Eastern Transmission D 12-16-66 Assigned Federal R e g is t e r . Communications Office Box 2819, Dallas, Tex. Corn., Northwest Hartburg et 75221. al. Field, Newton County, Tex. should be addressed to the Secretary, G-13633...... Union Producing Co., Post United Gas Pipe Line Co., 812.25 15.025 Federal Deposit Insurance Corporation, C 12-16-66 Office Box 1407, Shreveport, Greenwood-Waskom Field, La. 71102. Caddo Parish, La. 550 17th Street NW., Washington, D.C. G-14874...... Monsanto Co. (Operator) et al., 20429. United Gas Pipe Line Co., «20.0 , 15.025 C 9-22-65 * 1300 Main St., Houston, Tex. Broussard Area, Lafayette and 11-15-66 » 77002. St. Martin Parishes, La. Dated this 5th day of January 1967. G-17039...... Amerada Petroleum Corp. (par­ Panhandle Eastern Pipe Line 0 D 12-19-66 tial abandonment). Co., Southwest Lerado Field, F ed er al D e p o s it I n s u r a n c e Reno County, Kans. ' G-17379...... Texaco Inc. (Operator) et al., C o r p o r a t io n , Transwestern Pipeline Co., Cim­ 0 D 11-16-66 Post Office Box 52332, Houston, arron, Ellis, and Harper Coun­ ■ Eseal] E. F. D o w n e y , Tex. 77052. ties, Okla., and Clark County, Eans. Secretary. CI61-425...... Humble Oil & Refining Co., Post Southern Natural Gas Co., South 0 [F.R. Doc. 67-251; Filed , Jan. 9, 1967; D 12-9-66 Office Box 2180, Houston, Tex. Little Lake and Three Bayou 77001. 8:48 a.m.J Bay Fields, Jefferson and La­ fourche Parishes, La. CI61-524...... - Shell Oil Co. (Operator) et al.,8 50 Michigan Wisconsin Pipe Line 8 15.0 14.65 C 12-15-66 West 50th St., New York, N .Y. Co., Lenora Field, Dewey 10020. County, Okla. CI61-1091...... Michigan Wisconsin Pipe Line Co., 15.0 14.65 FEDERAL POWER COMMISSION C 12-19-66 Woodward Area, Dewey County, Okla. C162-60_____ Delta Producing Corp. (successor [Docket Nos. G-4846, etc.] United Fuel Gas Co., Union 23.0 15.325 E 12-12-66 to Davis Oil Co.), 4904 Tarzana District, Clay Gounty, W. Va. Dr., Tarzana, Calif. 91356. ALVIN WILSON ET AL. C162-574______A. A. Cameron, d.b.a. Cameron Cities Service Gas Co., acreage in 15.0 14.65 C 12-16-66 Oil Co., 1100 Petroleum Club Stephens County, Okla. Notice of Applications for Certifi­ Bldg., Oklahoma City, Okla. 73102. âtes, Abandonment of Service and CÎ63-980______Ray A. Jones et al. (successor to Consolidated Gas Supply Corp., 25.0 15.325 etitions To Amend Certificates 1 E 12-19-66 Hays and Co., agent for Glenville District, Gilmer KeUlor and Clark, et al.), Sand County, W. Va. Fork, W. Va. 26430. D e c e m b e r 28,1966. C 164-856______P. P. Gunn (successor to Hadal United Fuel Gas Co., Henry 23.0 15.325 E 12-8-66 Oil & Gas Corp.), Grantsville, District, Clay County, W. Va. cantTL?0^ t]?at each of the Appl W. Va. 26147. C166-1077...... John C. Oxley et al., Enterprise tion or ^ rt,^ erein haS filed an aPPliCi Arkansas Louisiana Gas Co., 15.0 14.65 Pursuant to section 7 < C 11-2-66 Bldg., Tulsa, Okla. 74103. acreage in Latimer County, Okla. to sell iGas Ac^ for authorizatio C166-1282 Edwin L. Cox (Operator) et al., Colorado Interstate Gas Co., 15.0 14.65 o r gas in taterstate commen C 12-16-66 3800 First National Bank Bldg., Greenwood Field, Morton izedÄ nd°-uService heretofore authoi Dallas, Tex. 75202. County, Kans. _ 88 described herein, all as more ful] Filing code: A—Initial service. B—Abandonment. C—Amendment to add acreage. s o l i d a t t o i f ^ Provlde for coi D—Amendment to delete acreage. covered TimJi hearinS of the several matte: E—Succession. F—Partial succession. strued. herein’ nor should it be so cor See footnotes at end of table.

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 to Pres­ Pres­ DocketNo. and sure to Applicant Purchaser, field, and location Price per Met Docket No. and Purchaser, field, and location Price per Mcf sure date filed base date filed Applicant base

Michigan Wisconsin Pipe Line *« 21.25 15.025 w 12.909 14.65 C167-802...... Ocean Drilling & Exploration Coulston/Drilling Co. Arkansas Louisiana Gas Co., Co., Operator, c/o H. Y. Rowe, Co., Block 17 Field, West C166-1285____ Excelsior Field, Marion A 12-20-66 Cameron Area (Offshore), ,C 11-21-66 (Operator) et al., Box 1243, attorney, 200 Jeflerson Ave., Tyler, Tex. 75701. County, Tex. El Dorado, Ark. 71730. Cameron Parish, La. Southern Natural Gas Co., Hub 20.6 15.025 15.0 15.025 C167-198..--- Miss-Tex Oil Producers, Post The Superior Oil Co., Post Mountain Fuel Supply Co., West Field, Marion County, Miss. C167-804...... Side Canal Field, Carbon (G-19200) Office Box 158, Jackson, Miss. A 12-20-66 Office Box 1521, Houston, Tex. County, Wyo. C 12-15-66»* 39205. is 17.986 14.65 77001. *• 21. 25 15.025 C167-374...... Gulf Oil Corp., Post Office Box Panhandle Eastern Pipe Line Exchange Oil & Gas Co., et al., Michigan Wisconsin Pipe Line Co., Southeast Gage Field, C167-805...... Co., Block 17 Field, West O 12-16-66 1589, Tulsa, Okla. 74102. A 12-20-66 1200 Oil & Gas Bldg., New Ellis County, Okla. Orleans, La. 70112. Cameron Area, Cameron Par- Cumberland & Allegheny Gas 24. 5192 15.325 CI67-657...... J. C. Baker & Son, Inc., Gassa- Depleted A 11-16-66 way, W. Va. 26624. Co., Buckhannon District, McKinley Trent, Trustee, 817H United Fuel Gas Co., Kermit Upshur County, W. Va. C 167-806...... Field, Mingo County, W. Va. Depleted B 12-14-66 fourth Ave., Huntington, W. C167-708...... Sam Sklar et al., c/o Jerome M. United Gas Pipe Line Co., Va. 25701. Rodessa Field, Cass County, El Paso Natural Gas C o , Davis Uneconomical B 11-17-66 Alper, attorney, 818 18th St. C167-807...... Mesquite Gas Products, Inc., NW., Washington, D.C. 20006. Tex. Field, Upton County, Tex. 16.5 14.65 B 12-21-66 First Savings Bldg., Midland, C167-742.____ Gulf Oil Corp.,*3 Post Office Box El Paso Natural Gas Co., Mid­ Tex. 79701. way Lane Field, Crockett Southern Natural Gas Co., West 19.0 15.025 A 12-2-66 *3 1589, Tulsa, Okla. 74102. C167-808____ Shell Oil Co., 50 West 50th St., County, Tex. New York, N.Y. 10020. Delta Blocks 105 and 133, Off­ Carnegie Natural Gas Co., Union 20.0 15. 325 A 12-21-66 C167-782...... Morris Oil & Gas Co., c/o J. F. shore La. A 12-12-66 Deem, agent, Box 176, Harris- District, Ritchie County, W. Va. ville, W. Va. 26362. 18.0 15.325 CI67-783— ... Lewis Gas Co., o/o Henry B. United Fuel Gas Co., acreage m * Rate in effect subject to refund in Docket No. RI65-374. A 12-12-66 Wehrle, Jr., partner, Post Wayne County, W. Va. 3 Applicant no longer has a working interest in subject lease. Office Box 513, Charleston, : S S t o p S S S S i S S S ? TSX»o*°tNo», a -u m , M.al. * , to w inttls rate of 2J.0 »a t » pe, W. Va. 25301. H 17.0 14.65 C167-784...... Aladdin Petroleum Corp., 809 Michigan Wisconsin Pipe Line Co., Laveme Field, Harper A 12-15^66' Petroleum Bldg., Wicnita, M,Cq‘ rtiompnt anDlieation filed Sept. 22, 1965, wherein Applicant reduced its proposed initial rate of 22.0 cents Hans. 67202. County, Okla. per Mcfto^O.O^ent^^a^Sult of negotiations relating to its company-wide settlement filed Nov. 15,1966, m Docket Cumberland Natural Gas Co., 15.0 15.025 CI67-785_____ Twosome Oil Co. et al., c/o Nos. G-18269, et al. A 12-15-66 Arthur J. Morburger, attorney, Inc., Oak Hill, West Field, « Deletes acreage due to expired leases. _ , , Post Office Box 662, Owens­ Hopkins County, Ky. boro, Ky. 42301. 1 Mh.w.ve, Applkaat 1»wllltn,to « w t Kansas-Nebraska Natural Gas 15.0 14.65 NOTICES C167-786..... Sinclair Oil & Gas Co., Post afnr thA additional acreage conditioned as the certificates issued in Opinion^No. 353, A 12-15-66 Office Box 521, Tulsa, Okla. Co., Inc., Castle Garden Field, ^Applicant expresses its willingness to accept permanent authorization for the additional acreage pursuant to Fremont County, Wyo. 74102. 16.0 14.65 Opinion No. 353. . _ . CI67-787___ !. Gulf Oil Corp...... Panhandle Eastern Pipe Linn To includes 0.109 cent per Mcf tax reimbursement. n -toono A 12-9-66 Co., Southwest Liberal Light u Add* acreage acouired from Humble Oil & Refining Co., Docket No. G-19200. . Field, Beaver County, Okla. Tnnindo« n oftft cent upward adjustment. Subject to upward and downward B.t.u. adjustment. . . . 16.56 14.65 3 Bv\etttr fi9l!d wncu?rently with application, Applicant agreed to accept permanent certificate containing con- 0167-788—— Maxwell D. Simmons, Operator, Lone Star Gas Co., Danville A 12-12-66 Inc., Post Office Box 1013, Area, Rusk County, Tex. d it ions simfiar to those imposed by Opinion No. 468, as modified by Opinion No. 468-A. Longview, Tex. 75601. 13.0 15.025 u Subject to upward and downward B.t.u. adjustment, CI67-790-— W. A. Moncrief, Jr., 9th at El Paso Natural Gas Co., Basin- it woiis are rio longer commercially productive. A 12-16-66 Commerce, Fort Worth, Tex. Dakota Field, San Juan *« Subject to deduction for compression costs should Buyer compress gas. 76102. County, N. Mex. Consolidated Gas Supply Corp., FF.R. D oc. 67-101; F iled , Jan. 9, 1967; 8:45 a.m .] C167-791___ Oil Industries Associates, et al., («) B 12-16-66 9307 Mercer Dr., Dallas, Tex. Beech Grove Field, Ritchie County, W. Va. 75228. 15.0 14.65 C167-792___ Sinclair Oil & Gas Co...... — Arkansas Louisiana Gas Co., A 12-16-66 Wilburton Area, Pittsburg [Docket No. CP67-180] Commission and open to public County, Okla. 12.0 15.025 inspection. CI67-793 ______Robert Donnell, Post Office Box El Paso Natural Gas Co., Can­ ALGONQUIN GAS TRANSMISSION A 12-19-66 4276, Midland, Tex. 79701. yon Largo Pictured Cliffs Specifically, Applicant proposes to con­ Field, Rio Arriba County, CO. struct and operate a lateral and provide N. Mex. 17.0 14.65 a new delivery point in Guilford, Conn, CI67-794...... John Briggs, Post Office Box 355, Northern Natural Gas Co., Notice of Application A 12-19-66 Arnett, Okla. 73832. Catesby Northeast and Gage to New Haven Gas Co., an existing cus­ Fields, Ellis County, Okla. 17.0 14.65 D e c e m b e r 30, 1966. tomer. The new lateral will extend to C167-795.— Apache Corp. (Operator) et al., Panhandle Eastern Pipe Line A 12-19-66 823 South Detroit, Tulsa, Okla. Co., Berryman Field, Ellis Guilford from a point on Applicant’s County, Okla. Take notice that on December 22,1966, 74120. Depleted ...... North Haven lateral in North Haven, CI67-796— — Consolidated Oil & Gas, Inc. Arkansas Louisiana Gas Co., Algonquin Gas Transmission Co. (Ap­ B 12-19-66 (Operator) et al., 4150 East Northeast Webb Field, Kay plicant) , 1284 Soldiers Field Road, Bos­ Conn. Mexico Ave., Denver, Colo. County, Okla. The total estimated cost of the pro­ 80222. ton, Mass. 02135, filed in Docket No. Tennessee Gas Pipeline Co., a 14.6 14.65 posed construction is $1,267,900, which CI67-797- — Piney Point Petroleums, Operator, CP67-180 an application pursuant to A 12-19-66 206 Southwest Tower, Houston, division of Tenneco, Inc., section 7(c) of the Natural Gas Act for cost will be financed through the use of Tex. 77001. Randon Field, Fort Bend retained earnings, short-term bank loans* County, Tex. a certificate of public convenience and Uneconomical C167-798— ...... West Union Oil & Gas Co., c/o Consolidated Gas Supply Corp., necessity authorizing the construction and, if necessary, as part of the next B 12-lfM56 Mr. N . M. Welch, agent, 1600 West Union District, Doddridge general issuance by the Applicant of I County, W. Va. and operation of certain natural gas fa­ Seventh St.; Parkersburg, W. appropriate securities. Va. 26102. . 15.32 cilities for the transportation and sale CI67-799—_____ 1 Butler Gas Co., c/o Henry B. United Fuel Gas Co., acreage in Protests or petitions to intervene may A 12-12-66 Wehrle, Jr., Post Office Box 513, I Wayne County, W. Va. for resale of natural gas in interstate I Charleston, W. Va. 25301. commerce, all as more fully set forth in be filed with the Federal Power Commis­ sion, Washington, D.C. 20426, in accord- See footnotes at end of table. the application which is on file with the

FEDERAL REGISTER, VOL. 32, Ni 5 ---- TUESDAY, JANUARY TO, 1967 NOTICES 243 ance with the rules of practice and pro­ further notice before the Commission on and 2,180 feet of wood stave and riveted cedure (18 CFR 1.8 or 1.10) and the this application if no protest or petition regulations under the Natural Gas Act steel penstock, all conveying water from to intervene is filed within the time re­ the intake to Hamilton Branch power­ (§ 157.10) on or before January 26, 1967. quired herein, if the Commission on its Take further notice that, pursuant to house; (5) a 28- by 72-foot wood frame own review of the matter finds that a powerhouse with concrete foundation the authority contained in and subject grant of the certificate is required by the to the jurisdiction conferred upon the and corrugated iron sidings, containing public convenience and necessity. If a two generating units, one rated 2,640 kw, Federal Power Commission by sections protest or petition for leave to intervene 7 and 15 of the Natural Gas Act and the the other 2,750 kw; (6) a 2.4/60-kv,' is timely filed, or if the Commission on 5,000/6,250-kva step-up transformer lo­ Commission’s rules of practice and pro­ its own motion believes that a formal cedure, a hearing will be held without cated at the Hamilton Branch Distribu­ hearing is required, further notice of tion Substation and connected through further notice before the Commission on such hearing will be duly given. this application if no protest or petition 60-kv bus of the substation; and (7) Under the procedure herein provided appurtenant facilities. to intervene is filed within the time re­ for, unless otherwise advised, it will be Protests or petitions to intervene may quired herein, if the Commission on its unnecessary for Applicant to appear or own review of the matter finds that a be represented at the hearing. be filed with the Federal Power Commis­ grant of the certificate is required by the sion, Washington, D.C. 20426, in accord­ public convenience and necessity. If a G o r d o n M . G r a n t , ance with the rules of practice and pro­ protest or petition for leave to intervene Acting Secretary. cedure of the Commission (18 CFR 1.8 is timely filed, or if the Commission on its [F .R . Doc. 67-217; F iled , Jan. 9, 1967; or 1.10). The last day upon which pro­ own motion believes that a formal hear­ 8:45 a.m .l tests or petitions may be filed is Feb­ ing is required, further notice of such ruary 23, 1967. The application is on hearing will be duly given. file with the Commission for public Under the procedure herein provided [Project No. 2627] inspection. for, unless otherwise advised, it will be PACIFIC GAS AND ELECTRIC CO. G o r d o n M . G r a n t , unnecessary for Applicant to appear or Acting Secretary. be represented at the hearing. Notice of Application for License - [ p R- Doc. 67-218; F iled , Jan. 9, 1967; G o r d o n M . G r a n t , for Constructed Project 8:45 a.m .] Acting Secretary. D e c e m b e r 30, 1966. [F.R. Doc. 67-216; F iled , Jan. 9, 1967; 8:45 a.m .] Public notice is hereby given that ap­ plication for license has been filed under SECURITIES AND EXCHANGE the Federal Power Act (16 U.S.C. 791a- [Docket No. CP67-179] 825r) by Pacific Gas and Electric Co. COMMISSION (correspondence to: E. J. Lage, Vice NATURAL GAS PIPELINE COMPANY [70-4441] OF AMERICA President, Pacific Gas and Electric Co. 245 Market Street, San Francisco, Calif. UTAH POWER & LIGHT CO. Notice of Application 94106) for constructed Project No. 2627, known as Hamilton Branch Hydroelectric Notice of Proposed Issuance and Sale D e c e m b e r 30, 1966. Development, located on Hamilton of Short-Term Notes to Banks Take notice that on December 22,1966, Branch of North Fork Feather River in Natural Gas Pipeline Company of Plumas and Lassen Counties, Calif., in J a n u a r y 4, 1967. America (Applicant), 122 South Michi- the vicinity of Chester, Westwood, and Notice is hereby given that Utah Power gan Avenue, Chicago, 111. 60603, filed Greenville. 6 Light Co. (“Utah”) , 1407 West North ui Docket No. CP67-179 an application The constructed Hamilton Branch Hy­ Temple Street, Post Office Box 899, Salt Pursuant to section 7(c) of the Natural droelectric Development consists of: (1) Lake City, Utah 84110, an electric utility txas Act for a certificate of public con­ The steel-frame overflow type Indian company and a registered holding com­ venience and necessity authorizing the Ole Dam with concrete foundation and pany, has filed a declaration with this and sale for resale in interstate abutments, located on Hamilton Branch Commission pursuant to the Public Util­ °f additional volumes of nat- of North Feather River about 5.5 miles ity Holding Company Act of 1935 £ne of its existing customers, above its confluence with Lake Almanor, (“Act”), designating sections 6(a) and state .fewer Co. (Interstate), all 26 feet high and 310 feet long with crest 7 thereof as applicable to the proposed Wb1 fuiiy set forth in the application elevation of 5,035.66 feet (P.G. & E. transactions. All interested persons are ls en Ale with the Commission datum), incorporating a concrete sluice referred to the declaration, which is sum, and °Pen to public inspection. channel 7 feet 10 inches wide controlled marized below, *or a complete statement thoiSa1*?08,11/’ Applicant requests au- by a verticle slide gate 5 feet wide and of the proposed transactions. SfaS to sel1 and deliver to Inter- 6 feet high; (2) Mountain Meadows Utah proposes to issue and sell, during Q »«L ? n additional Daily Contract Reservior with gross storage capacity of the period beginning February 1, 1967 SteS m1 of natural gas for23,952 acre-feet and a water surface area and ending March 31, 1968, up to an ag­ custom^ fn^rstate to a firm Industrial of 5,772 acres; (3) the rock-filled timber customer in Clinton, Clinton County, gregate of $32 million face amount of crib Hamilton Branch Diversion Dam, unsecured promissory notes pursuant to located about 1.8 miles downstream of a credit agreement with 14 banks. The ditIinaiaSi-rf-tion state's that no ad- Indian Ole Dam, about 18 feet high and notes will be dated as of the date of is­ tuate thJiflIlties are rpeuired to effec- 136 feet long with an upstream face of suance and will mature 9 months from Prnti»e+c.*>r0*)0'A d d it io n a l deliveries. timber and a 78-foot-long spillway with the date of issuance or April 30, 1968, ^ filed with to intervene may crest at elevation 4,922.4 feet (P.G. & E. whichever is earlier. Notes maturing misSoD ^ tfi the Federal Power Com- datum) surmounted by dashboards to Washington, D.C. 20426 in ac- prior to April 30, 1968, will be renew­ elevation 4,925.2 feet (P.G. & E. datum), able at the option of Utah. Each note Procedure^ia i S ) rf es of practice and including a fish ladder to the left of the will bear interest from the date thereof reSfioL ,8 Zm J - 8 or 110> and the spillway, a 4-foot-wide timber sluice, and at the prime commercial rate of The (§1^710) L df . the Natural Gas Act a concrete flume intake located in the Chase Manhattan Bank, N.A., for un­ Take ° r before January 26, 1967. left abutment and controlled by two secured loans prevailing on the fifth the authority6 ? at’ pursuant to radial gates about 12 feet wide and 6 feet business day prior to the date of issu­ to the iurior« eeutained in and subject high; (4) a power conduit consisting of pederalJP n S cti?n c°hferred upon the 3.28 miles of concrete flume and gunite ance or renewal of the notes, and will 7 and 15 of thl ^Pfhhission by sections lined ditch fed with supplemental water be prepayable at any time, in whole or Commission Gas Act and the by two pump lifts of the project (one in part, without penalty or premium. cedure a h

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY, JANUARY 10, 1967 244 NOTICES or the Commission may grant exemption Gainesville Manufacturing Co., Inc., 513 The Chase Manhattan Bank, M y rtle S treet SW., G ain esville, Ga.; 12-16-66 N.A., N ew Y o rk , N .Y ______$9,000,000 from such rules as provided in Rules 20 to 12-15-67 (men’s pants). Morgan Guaranty Trust Co. of (a) and 100 thereof or take such other Gattman Sportswear, Inc., Gattman, Miss.; New York, N.Y ______6,000,000 action as it may deem appropriate. 12-8-66 to 12-7-67 (men’s dress slacks) . Mellon National Bank & Trust Glen of Michigan Division of Glen Manu­ Co., P ittsb u rg h , P a ------6, 000,000 For the Commission (pursuant to dele­ facturing, Inc., 77 Hancock Street, Manistee, ; First Security Bank of Utah Na­ gated authority). Mich.; 12-6-66 to 12-5-67 (misses’ dresses, tional Association, Salt Lake b lo u s e s ). C ity, U ta h ______2, 900,000 [ s e a l ] O r v a l L. DuBois, Secretary. Edward Hyman Co., Hazlehurst, Miss.; 12- Walker Bank & Trust Co., Salt 20-66 to 12-19-67 (w o rk shirts, work pants, Lake City, Utah ______2,600,000 [F .R . Doc. 67-243; F iled , Jan. 9, 1967; an d co vera lls) . Zions First National Bank, Salt 8:48 a.m .] Industrial Garment Manufacturing Co., L a k e C ity, U ta h ______- 1,500, 000 C arolin a A ven ue, E rw in, Ten n .; 12-12-66 to Harris Trust & Savings Bank, 12-11-67 (work pants, work shirts, and outer­ Chicago, 111______1. 000, 000 wear jackets). Denver United States National DEPARTMENT OF LABOR L iv in gs to n S h irt Corp., 308 South Church Bank, Denver, Colo____ ------1,400,000 Street, Livingston, Tenn.; 12-17-66 to 12-16- Commercial Security Bank, Wage and Hour Division 67 (men’s shirts and pajamas)'. Ogden, Utah ______400,000 Mammoth Cave Garment Co., 237 Broad- ! The Continental Bank & Trust CERTIFICATES AUTHORIZING EM­ w ay, C ave C ity , K y .; 12—11—66 to 12—10—67 Co., Salt Lake City, Utah ------500,000 (men’s and boys’ dungarees). Valley Bank & Trust Co., South PLOYMENT OF LEARNERS AT SPE­ M cA d oo M a n u fa ctu rin g Co., Inc., South Salt Lake, Utah ______300,000 CIAL M INIM UM RATES H an cock Street, M cA d oo, Pa.; 12-6-66 to Bank of Utah, Ogden, Utah ------200,000 12-5-67 (children’s polo shirts). First Security State Bank,’ Salt Notice is hereby given that pursuant Monroe Manufacturing Co., Gamaliel, Ky.; Lake City, Utah ______100, 000 to section 14 of the Fair Labor Standards 12-8-66 to 12-7-67 (m en’s and boys’ pants). Carbon Emery Bank, Price, Act of 1938 (52 Stat. 1060, as amended, New Carolina Industries, Inc., Weldon, U t a h ___ !______100. 000 29 U.S.C. 201 et seq.), and Administra­ N.C.; 12-26-66 to 12-25-67 (ladies’ and chil­ tive Order No. 595 (31 F.R. 12981) the d re n ’s sle ep w e a r). T o ta l ______32,000,000 firms listed in this notice have been Paw n ee P a n ts M a n u fa ctu rin g Co., Inc., 101- issued special certificates authorizing the 105 Lackawanna Avenue, Olyphant, Pa.; 12-30-66 to 12-29-67 (m e n ’s and boys’ The proceeds from the proposed is­ employment of learners at hourly wage suance of notes, together with available tro u s e rs ). rates lower than the minimum wage Sam sons M a n u fa ctu rin g Corp., 418 Brown cash, will be used to prepay notes to rates otherwise applicable under section S treet, W a sh in gton , N.C.; 12-17-66 to banks now outstanding in the amount 6 of the act. For each certificate, the 12-16-67 (m en’s shirts). of $8 million and to finance, in part, the effective and expiration dates, number or H en ry I. S iegel Co., In c., Trezevant, Tenn.; company’s construction program up to proportion of learners and the principal 12-26-66 to 12-25-67 (m en’s and boys’ pants). April 30, 1968. In this connection it is product manufactured by the establish­ Southern Manufacturing Co., No. 2, 1202 estimated that $30 million will be re­ ment are as indicated. Conditions on B road Street, N ash ville, Tenn.; 1-1-67 to quired in 1967 and $5 million in the first 12-31-67 (m en’s and boys’ sport shirts). occupations, wage rates, and learning pe­ S tah l-U rb a n Co., N o rth Second Street, quarter of 1968. Utah presently intends riods which are provided in certificates Brookhaven, Miss.; 12-19-66 to 12-18-67 to issue and sell additional securities issued under the supplemental industry (m e n ’s and boys’ w o rk and outerwear jackets prior to April 30, 1968, to provide funds regulations cited in the captions below and trousers). for paying outstanding notes and to are as established in those regulations; Levi Strauss & Co., Post Office Box 1100, finance, in part, the remainder of the such conditions in certificates not issued Maryville, Tenn.; 12-15-66 to 12-14-67 1968 construction program. under the supplemental industry regu­ (m en’s, boys’, and ladies’ trousers). T e lfa ir Corp., R oan oke, Ala.; 12-19-66 to The Idaho Public Utilities Commission lations are as indicated. 12-18-67; 10 learners (m en’s coveralls). has jurisdiction over the proposed is­ Apparel Industry Learner Regula­ T e lfa ir Corp., W edow ee, Ala.; 12-19-66 to suance and sale of notes. It is repre­ tions (29 CFR 522.1 to 522.9, as amend­ 12-18-67; 10 learners (m e n ’s coveralls). sented that no other State or Federal ed, and 29 CFR 522.20 to 522.25, as Tex-Son, Inc., Post Office Box 1808, San Commission, other than this Commis­ amended). Antonio, Tex.; 12-12-66 to 12-11-67 (mens sion, has jurisdiction over the proposed The following normal labor turnover shirts and pants, etc.). „ transactions. Expenses incident to the certificates authorize 10 percent of the Troy Textiles, Inc., Troy, Ala.; 12 -o-co w total number of factory production 12-4-67 (m e n ’s sp ort s h ir ts ). proposed transactions are estimated not T h e V an H eusen Co., B rin k ley, Ark.; W-* to exceed $1,000. workers except as otherwise indicated. to 12-1-67 (m en’s dress shirts). . Notice is further given that any inter­ Alabama Textile Products Corp., Troy, Ala.; The Warner Bros. Co., Marianna, a •> ested person may, not later than Janu­ 12-1-66 to 11-30-67 (men’s dress shirts). 12-28-66 to 12-27-67 (corsets and brassieres). ary 30, 1967, request in writing that a Allee-Berry, Inc., Columbus, Kans.; 12-8- Whitakers Garment Co., Inc., Whitak . hearing be held on such matter, stat­ 66 to 12-7-67; 10 learners (men’s and boys’ N.C.; 12-8-66 to 12-7-67 (children’s W j Wyoming Valley Garment Co, 237 '™ ing the nature of his interest, the rea­ p a n t s ). The Arrow Co., Van W ert Street, Buchanan, R iv e r R oad , W ilk es-B arre, Pa.; 12-13-66 sons for such request, and the issues of Ga.; 12-13-66 to 12-12-67 (men’s shirts). 12-17-67 (m en’s, boys’, and ladies trouse >• fact or law raised by said declaration B. Bennett Co., Inc., 123 Magazine Street, which he desires to controvert; or he New Orleans, La.; 12-27-66 to 12-26-67 (work The following plant expansion certifi­ may request that he be notified if the p a n ts and w o rk s h ir ts ). cates were issued authorizing the n Commission should order a hearing Blain Products, Inc., Blaln, Pa.; 12-9-66 to ber of learners indicated. 12-8-67; 5 learners (ladies’ nightwear, paja­ thereon. Any such request should be ad­ Ainsbrooke Division, Genesco,1^ mas, and gowns). dressed: Secretary, Securities and Ex­ 12-12-66 to 6-11-67; 55 learners (mens an change Commission, Washington, D.C. Blue Bell, Inc., Elkton, Va.; 12-13-66 to 12-12-67; 10 learners (men’s and boys* dun­ boys’ woven pajamas). _. 20549. A copy of such request should garees) . Lynn Manufacturing Co., Johnston, be served personally or by mail (air mail Blue Bell, Inc., Luray, Va.; 12-13-66 to 12- 11-28-66 to 5-27-67; 75 learners (womens if the person being served is located more 12-67 (men’s and boys’ dungarees). dresses). qnuth than 500 miles from the point of mail­ Brook Manufacturing Co., Inc., First and Oberman Manufacturing Co., 2136 & w ing) upon declarant at the above-stated Miles Streets, Old Forge, Pa.; 12-28-66 to Third Street, Memphis, Tenn,; address, and proof of service (by affi­ 12-27-67 (men’s trousers). 6-4-67; 80 learners (men’s dungaree > • davit or, in case of an attorney at law, Dushore Lingeries Co., Inc., Cherry Street, P h illip s -V a n H eusen Corp., Dushore, Pa.; 12—19—66 to 12—18—67; 10 learn­ Section, Ala.; 12-12-66 to 6-11-67'. 10 learn* by certificate) should be filed con­ ers (women’s sleepwear). (men’s dress shirts). . 0+rfiPt. temporaneously with the request. At Elberton Manufacturing Co., Post Office Reidbord Bros. Co., 420 c^est^ _ 67. any time after said date, the declaration, Box 878, Elberton, Ga.; 12-2-66 to 12-1-67 50 Philippi, W. Va.; 1 2 - 7 -6 6 to 6- 6-6 /. as filed or as it may be amended, may be (women’s blouses). learners (men’s work trousers). to permitted to become effective as pro­ Franklin Ferguson Co., Inc., Florala, Ala.; 12-19-66 to 12-18-67 (men’s and boys’ Telfair Corp., Roanoke, Ala.; vided in Rule 23 of the general rules and 6-18-67; 30 learners (men’s covera ;• regulations promulgated under the Act, s h ir t s ).

FEDERAL REGISTER, VOL. 32, NO. 5— TUESDAY; JANUARY 10, 1967 NOTICES 245

Telfair Corp., Wedowee, Ala.; 12-19-66 to Louis Industries, Inc., Camaceyes Indus­ 6-18-67; 30 learners (m e n ’s c o v e ra lls ). trial Division, Aguadilla, P.R.; 11-21-66 to “Providing for the Appointment of Cer­ tain Persons under the Defense Produc­ Glove Industry Learner Regulations 5-20-67; 45 learners for plant expansion pur­ poses in the occupation of sewing manhina tion Act of 1950, as amended,“ I hereby (29 CFR 522.1 to 522.9, as amended and operating, for a learning period of 320 horns furnish for filing with the Office of the 29 CFR 522.60 to 522.65, as amended). at the rate of 75 cents an hour (ladies’, Federal Register for publication in the Indianapolis Glove Co., Inc., Houlka, Miss.; misses, Mid children’s underwear). F e d e r a l R e g is t e r the following informa­ 12-22-66 to 6-21-67; 25 learners for plant ex­ Windmill Products Inc., Road No. 2, wm tion showing any changes in my financial pansion purposes (w o rk g lo v e s ). 87.2, General Delivery, Hatillo, P.R.; 11-14-66 interests and business connections as D. N. Pariso Industrial Glove Manufactur­ t o 5—13—67; 10 learn ers fo r p la n t expan sion heretofore reported and published (20 purposes in the occupation of basic hand ing Co., 101 South C levela n d S treet, K n o x , F.R. 10086; 21 F.R. 3475, 9198; 22 F R . Ind.; 12-15-66 to 12-14-67; 10 learners fo r and/or machine production operations: normal labor tu rn o v er purposes (w o rk Electro plating operating, buffing machine 3777, 9450; 23 F.R. 3798, 9501; 24 F R gloves). operating, painter and drying machine oper­ 4187, 9502; 25 F.R. 102; 26 F.R. 1692, Twin City Glove Manufacturing Co., Inc., ating, foot press operating, bench master 6284; 27 F.R. 634, 6409; 28 F.R. 197, 7059- 237 Jefferson Street, Martins Perry, Ohio; machine operating, gas and acetylene welder 29 F.R. 585, 8388; 30 F.R. 769, 8145,17186; 12-15-66 to 12-14-67; 6 learners for normal machine operating, hand acetylene welding and 31 F.R. 8988. labor turnover purposes (m e n ’s and ladies’ operating, for a learning period of 480 hours work gloves). at the rates of $1.05 an hour for the first N o ch ange. 240 hours and$1.15 an hour for the remain­ Hosiery Industry Learner Regulations ing 240 hours "(Belt buckles, snap hooks, and Dated: December 21,1966. (29 CFR 522.1 to 522.9, as amended, and other metal parts for use by clothing, canvas K e i t h H . L y r l a . 29 CFR 522.40 to 522.43, as amended), goods, and leather goods industries). [F .R . Doc. 67-260; F iled , Jan, 9, 1967; Danville Industries, Inc., Lynn and Newton Each learner certificate has been is­ 8.49 a.m .] Streets, Danville, Va.; 12-5-66 to 12-4-67; 5 sued upon the representations of the em­ percent o. the total number of factory pro­ ployer, which, among other things, were duction workers for normal labor turnover FOURTH SECTION APPLICATION FOR purposes. that employment of learners at special minimum rates is necessary in order to RELIEF Knitted Wear Industry Learner Regu­ prevent curtailment of opportunities for lations (29 CFR 522.1 to 522.9, as employment, and that experienced work­ J a n u a r y 5, 1967. amended, and 29 CFR 522.30 to 522.35, as ers for the learner occupations are not Protests to the granting of an applica­ amended). available. Any person aggrieved by the tion must be prepared in accordance with Casa Grande Mills, a division of the Par­ issuance of any of these certificates may Rule 1.40 of the general rules of practice sons & Baker Co., P o st Office B ox 1099, Casa seek a review or reconsideration thereof (49 CFR 1.40) and filed within 15 days Grande, Ariz.; 12-2-66 to 12-1-67; 5 learners within 15 days after publication of this from the date of publication of this for normal labor turnover purposes (infants’ notice in the F e d e r a l R e g is t e r pursuant cotton knit underwear, men’s and bovs’ notice in the F e d e r a l R e g is t e r . briefs). to the provisions of 29 CFR 522.9. The certificates may be annulled or with­ Lismore Manufacturing, Corp., 460 Globe L o n g - a n d -S h o r t H a u l Street, Pall River, Mass.; 12-1-66 to 11-30-67; drawn, as indicated therein, in the man­ 5 percent of the total number of factory ner provided in 29 CFR Part 528. FSA No. 40855— Liquefied petroleum gas to points in western trunkline ter­ production workers engaged in the produc- Signed at Washington, D.C., this 23d tton of women’s and children’s knitted un­ day of December 1966. ritory. Filed by Western Trunk Line derwear and sleepwear for normal labor turn­ Committee, agent (No. A-2483), for in­ over purposes (women’s and children’s knit R o b e r t G . G r o n e w a l d , terested rail carriers. Rates on liquefied underwear). Authorized Representative petroleum gas, in tank carloads, from Regulations Applicable to the Employ­ of the Administrator. Emkay, Seven' Mile, and Thompson, ment of Learners (29 CFR 522.1 to 522.9 [F .R . Doc. 67-213; F iled , Jan. 9, 1967; as amended). 8:45 a.m .] Utah, to points in western trunkline ter­ The following learner certificates were ritory. ssued in Puerto Rico to the companies Grounds for relief— Market competi­ hereinafter named. The effective and tion. expiration dates, learner rates, occupa­ INTERSTATE COMMERCE Tariff— Supplement 32 to Western tions, learning periods, and the number learners authorized to be employed, COMMISSION Trunk Line Committee, agent, tariff are indicated. ICC A-4530. KEITH H. LYRLA P R ^ ,Mf.n^facturing Corp., Barranquit! By the Commission. nj 1 14-66 to 5-13-67; 100 learners f Statement of Changes in Financial a fZ L fXpansion PurP°ses in the occupati» Interests [ s e a l ] h . N e i l G a r s o n , of 32^ 8 machine operating, for a learnii Secretary. Pursuant to subsection 302(c), Part (women(wom°3 s underwear). ^ the r&te of 75 cents a“ bo [F .R . D oc. 67-261; F iled , Jan. 9, 1967; III, Executive Order 10647 (20 F.R. 8769) 8:49 a.m .]

.FEDERAI REGISTER, VOL 32, NO. 5— TUESDAY, JANUARY 10, 1967 FEDERAL REGISTER 246 CUMULATIVE LIST OF PARTS AFFECTED— JANUARY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during January.

3 CFR Pase 1 4 CFR— Continued Page 42 CFR Page 97______81 57— ______204 | E x e c u t iv e O r d e r s : 183-______—— ------46 June 13, 1902 (revoked in part 320______1— —— ------90 43 CFR by PLO 4143)______..______213 1205— — ------— ------132 July 7, 1910 (revoked in part 18______207 j by PLO 4131)______* 210 P r o p o s e d R u l e s : P u b l ic L a n d O r d e r s : June 16, 1911 (revoked in part 21— ______- ______— - 91 686 (revoked in part by PLO by PLO 4129)______210 39______9, 55, 56 4133)------210 June 24, 1914 (revoked in part 43______91 1096 (revoked in part by PLO by PLO 4127)______54 65------91 4141)______213 - 842 (revoked in part by PLO 71______94 1259 (revoked by PLO 4121)----- 52 ' 4128)______— — 54 73______- ______56 2449 (revoked in part by PLO 6143 (revoked in part by PLO 91------— 91 4140)______213 . 4136)------211 145____ — ______—— ------91 2631 (revoked in part by PLO 6276 (revoked in part by PLO 4140)______213 4136)______211 16 CFR 2749 (revoked in part by PLO 10973 (seeEO 11322) ______119 13— ______- ______— 134 4137)-______— 212 11322______119 15 ______— 135 3518 (see PLO 4123)------53 P roclamations : 4074 (corrected by PLO 4134) _ 211 Nov. 6, 1906 (revoked in part 19 CFR 4111 (see PLO 4120)------— 6 by PLO 4128)_____— — 54 4______136 4120— ______6 June 29,1911 (revoked in part P r o p o s e d R u l e s : 4121 ______52 by PLO 4128)_r—------54 1______9 4122 ______53 3759— ___ —— ------— 31 4______55 4123 ______53 5 CFR 4124 ______I l 53 20 CFR 4125 ______53 213------7, 75 404 _____ 75 4126 ______54 534______,______75 405 ______— I36 4127 ______54 550______7 1700-1______- ____ — — 203 4128— — ------54 21 CFR 4129------210 ______136 7 CFR 2__ 4130------210 8— ______50 210______— ------— ------33 19_. 51 4131-______— 210 220______33 5 1 - ______137 4132 __ 210 722______- ______75, 76 121. ______51 4133 ______- 210 814 ______*------38 165. ______203 4134 ______211 815 ---- 40 166______137,197 4135—______214 905______121 907______- 43,121 P r o p o s e d R u l e s : 4136 ______214 910______43,122 121______,------140 4137 ______242 967______76 4138 ------987— ______— 214 29 CFR 4139 _——------—— - j l f 1421______122 P r o p o s e d R u l e s : 43 4140 ______242j 1424______:------516______140 1427______122 4141 ------— ------* 519____ 148 4142 ------g P r o p o s e d R u l e s : 531______- 222 1131.______140 541______228 1137-___— 56 1500______91 4144------~ ~ II 213 1138______91 4145— — ------2 31 CFR 4146 ------— ' “ 9 CFR 80. 195 4147 ______2 92______45 81. 195 93. 195 46 CFR 10 CFR 43______— - ...... - 77 P r o p o s e d R u l e s : 32 CFR 52 10— ______234 81______49 CFR 577--____ 215 221 73------/6 14 CFR 733— 170______21______- ______— 187 41 CFR P r o p o s e d R u l e s : 4 37______123, 125, 188 71-90______10, 39______5, 6 11-1— ______-v 137 45______187 11-2___I ____- — ------— - 139 s o CFR „ 61______46 11-11______-U 139 71______47, 50, 80 11-16—_____ — ______139 32______