FEDERAL REGISTER VOLUME 32 NUMBER 48

Saturday, March 11,1967 Washington, D.C. Pages 3961-4009

Agencies in this issue— . The President Agricultural Stabilization and Conservation Service Agriculture Department Air Force Department Atomic Energy Commission Business and Defense Services Administration Civil Service Commission Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Immigration and Naturalization Service Interior Department Interstate Commerce Commission Land Management Bureau Railroad Retirement Board State Department Tariff Commission Treasury Department Veterans Administration Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1967)

Title 26—Internal Revenue (Parts 20-29) No changes during 1966 (Retain Supplement as of January 1, 1966)

[A cumulative checklist of CFR issuances for 1967 appears in the first issue of the Federal Register each month under Title 1]

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAL®REGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 diPhone%#***a o963-3261 a i -i oa i ‘934 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R eg ister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op F ederal R egulation s, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R eg ister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R eg ister or the Code o f F ederal R egulations. Contents

CONSUMER AND MARKETING FEDERAL POWER COMMISSION THE PRESIDENT SERVICE Notices EXECUTIVE ORDER Rules and Regulations Mahaska Gas Co., Inc., et al.; Placing an additional position hearing, etc______4005 in Level V of the Federal Execu­ Fruit; handling limitations: tive Salary Schedule------3965 Arizona and California : Lemons ______3969 FEDERAL TRADE COMMISSION Oranges: Rules and Regulations EXECUTIVE AGENCIES Navel ______— ...... 3968 Prohibited trade practices: Valencia______' 3968 Angus Freezer Meats, Inc., et al_ 3973 AGRICULTURAL STABILIZATION Florida ; grapefruit grown in Custom Carpet Shop of Virginia Indian River District______3969 and Floyd H. Charsky------3973. AND CONSERVATION SERVICE Proposed Rule Making Empeco Corp. et al______3974 Rules and Regulations Milk in Fort Wayne, Ind., market­ Groval Knitted Fabrics, Inc., and Fred Alcott______3975 Feed grain programs, 1966-1969; ing area; recommended deci­ correction ------3968 sion______3992 Olives grown in California; han­ FISH AND WILDLIFE SERVICE dling______3992 Notices AGRICULTURE DEPARTMENT Huron Islands and Seney Units; See also Agricultural Stabilization DEFENSE DEPARTMENT hearing regarding wilderness and Conservation Service; Con­ See Air Force Department. study______4001 sumer and Marketing Service. FOOD AND DRUG Rules and Reguldtions FEDERAL AVIATION AGENCY ADMINISTRATION Nondiscrimination in Federally- Rules and Regulations assisted programs of the De­ Airworthiness directives: Proposed Rule Making partment; assurances required- 3967 Beechcraft airplanes, certain Consent for use of investigational models______— 3971 new drugs on humans; policy AIR FORCE DEPARTMENT Fairchild Hiller Model F27 statement______3994 Series airplanes------3970 Rules and Regulations Jet route; alteration______.__ _ 3972 HEALTH, EDUCATION, AND Procurement; miscellaneous Transition areas; alterations (3 WELFARE DEPARTMENT documents)______3971, 3972 amendments------3976 See Food and Drug Administra­ Proposed Rule Making tion. ATOMIC ENERGY COMMISSION Airworthiness directive; Pan Avion Model PA-5 life vests— 3997 IMMIGRATION AND Rules and Regulations Restricted area; alteration______3998 NATURALIZATION SERVICE Transition areas; alteration------3997 Procurement; enriched uranium; Rules and Regulations Contracts and subcontracts----- 3979 F orm s______3981 FEDERAL COMMUNICATIONS Nonimmigrant documentary waiv­ COMMISSION ers; Boy Scout World Jamboree Proposed Rule Making and Conference participants— 3970 Facility and materials licenses; Notices fe e s ______- 3995 Hearings, etc.: INTERIOR DEPARTMENT Carter Electronics Corp. et al— 4002 Notices See also Fish and Wildlife Serv­ Prairieland Broadcasters and ice; Land Management Bureau. Canrad Precision Industries, Inc.; Richard P. Lamoreaux_____ 4001 Notices filing of petition for rulemaking- 4004 Tri-City Broadcasting Co., Inc_ 4003 Native fish and wildlife; endan­ gered species______4001 BUSINESS AND DEFENSE SERV­ FEDERAL HOME LOAN ICES ADMINISTRATION BANK BOARD INTERSTATE COMMERCE COMMISSION Notices Rules and Regulations Notices Harvard University; application Policy statement; verification of for duty free entry of scientific collateral held by members un­ Fourth section applications for articles______4004 der trust receipt______3970 relief______4007 Proposed Rule Making Transfer proceedings______4007 CIVIL SERVICE COMMISSION Federal Savings and Loan System; JUSTICE DEPARTMENT loans in excess of 80 percent of Rules and Regulations See immigration and Naturaliza- . value______!______3999 tion Service. Recruitment, selection, and place­ ment; miscellaneous amend­ FEDERAL MARITIME LAND MANAGEMENT BUREAU ments ______3967 COMMISSION Rules and Regulations COMMERCE DEPARTMENT Rules and Régulations California; public land order re­ voking powersite reserves_____ 3991 See Business and Defense Services Security for protection of the pub­ Administration. lic ______3986 (Continued on next page) 3963 3964 CONTENTS

RAILROAD RETIREMENT BOARD TARIFF COMMISSION TREASURY DEPARTMENT Rules and Regulations Notices Notices Plan of operation during national Petitions for determination of Fur felt hat bodies from Czech­ emergency; fiscal functions:__ _ 3975 eligibility to apply for adjust­ oslovakia ; determination of ment assistance; investiga­ sales at not less than fair value. 4004 STATE DEPARTMENT tions: Rules and Regulations Certain workers at American VETERANS ADMINISTRATION Nonimmigrant documentary waiv­ Motors Corp., Kenosha, Wis__ 4004 ers; participants in Boy Scouts Certain workers at American Rules and Regulations World Jamboree and Confer­ Motors Milwaukee Body Vocational rehabilitation and edu­ ence ______:______3969 P la n t______4003 cation; educational assistance_ 3979

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 12 CFR 21 CFR E xecutive Orders: 531 ______3970 P roposed R u les: 11248 (amended by EO 11335)___ 3965 P roposed R ules : 130______3994 11335______3965 545______3999 22 CFR 5 CFR 14 CFR 41______3969 330—______3967 39 (2 documents)______3970,3971 332______— 3967 71 (3 documents)______3971,3972 32 CFR 75 ______3972 1001______3976 7 CFR P roposed R ules : 1003 ______3976 15______3967 39 ______3997 1004 ______3977 775______3968 71 ______3997 1007_^______3978 907 ______3968 73 ______3998 1013______3978 908 ______3968 1016______3978 910______3969 16 CFR 1054___ __:______3978 912______3969 13 (4 documents) ____ 3973-3975 P roposed R ules : 38 CFR 932______3992 20 CFR 21______3979 1047______3992 395— ______------3975 41 CFR 8 CFR 9-4______3979 212______3970 9-16______3981 10 CFR 43 CFR P roposed R u les: 30...... 3995 P ublic Land Orders : 40______3995 4175______3991 50...... 3995 70...... 3995 46 CFR 170_...... 3995 540_;______3986

\ Presidential Documents

Title 3— THE PRESIDENT Executive Order 11335 PLACING AN ADDITIONAL POSITION IN LEVEL V OF THE FEDERAL EXECUTIVE SALARY SCHEDULE By virtue of the authority vested in me by Section 5317 of Title 5 of the United States Code, as amended, and as President of the United States, Section 2 of Executive Order No. 11248 of October 10,1965, as amended, is further amended by adding thereto the following: (12) Commissioner, Property Management and Disposal Service, General Services Administration.

T h e W h it e H ouse, Mareh 9, 1967. [F.R. Doc. 67-2797; Filed;' Mar. 10, 1967; 9:53 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967

3967 Rules and Regulations

receiving compensation under Subchap­ Title 5— ADMINISTRATIVE ter I of Chapter 81 of Title 5, United Title 7— AGRICULTURE States Code, may apply for examination Subtitle A— Office of the Secretary for any competitive position, except post­ PERSONNEL master and rural carrier, whether the of Agriculture Chapter I— Civil Service Commission examination is open or there is an exist­ PART 15— NONDISCRIMINATION ing register or a register about to be PART 330— RECRUITMENT, SELEC­ established. Subpart A— Nondiscrimination in Fed­ erally Assisted Programs of the De­ TION, AND PLACEMENT (GEN­ § 330.702 Order of entry on registers. ERAL) partment of Agriculture— Effectua­ (a) The Commission shall enter the tion of Title VI of the Civil Rights PART 332— RECRUITMENT AND SE­ names of employees applying under Act of 1964 LECTION THROUGH COMPETITIVE § 330.701(a) on the appropriate register in the order provided in § 332.401 of this Assurances R equired EXAMINATION chapter. Section 15.4, Subpart A, Part 15, Sub­ Miscellaneous Amendments (b) The Commission shall enter the title A, Title 7, CFR is hereby amended names of employees applying under by adding the following new paragraphs Parts 330 and 332 are amended to pro­ § 330.701(b) on the appropriate register (d) and (e) at the end thereof: vide placement assistance to employees with the same priority afforded by or former employees receiving compensa­ § 330.302 for displaced employees. § 15.4 Assurances required. tion from the Employees' Compensation * * * . * * Fund as provided by section 6 of Public § 330.703 Entry of names on special registers. ~~(d) Recipients other than applicants. Law 89-488. Each recipient not required to submit an 1. Section 330.303 is amended and a When there is no appropriate existing application for Federal financial assist­ new Subpart G is added as set oüt below. register the Commission may establish ance, shall furnish, as a condition to the special registers containing the names of extension of any such assistance, an as­ Subpart C— Displaced Employee employees applying under § 330.701(b), surance or statement as is required of Program together with the names of eligibles de­ applicants under paragraphs (a), (b) scribed in §§ 330.303, 332.311, and 332.- (1) and (2) of this section. § 330.303 Entry of names of displaced 322 of this chapter, and uSe these reg­ employees on special registers. (e) Elementary and secondary schools. isters for certification to fill appropriate The requirements of paragraphs (a), When there is no appropriate existing vacancies. (b), or (d) of this section with respect register the-Commission may establish 2. Paragraph (b) of § 332.311 and par­to any elementary or secondary school special registers containing the names of agraph (c) of § 332.322 are amended as or school system shall be deemed to be employees applying under § 330.301, to­ set out below. 'satisfied if such school or school system gether with the names of eligibles de­ (1) is subject to a final order of a court scribed in §§ 330.703, 332.311, and 332.322 § 332.311 Quarterly examination. of the United States for the desegrega­ of this chapter, and use these registers * * * * * tion of such school or school system, and for certification to fill appropriate provides an assurance that it will com­ vacancies. (b) When there is no appropriate ex­ ply with such order, including any future isting register, the Commission may es­ modification of such order, or (2) sub­ Subpart G— Placement Program for Employees’ tablish special registers containing the mits a plan for the desegregation of such Compensation Beneficiaries names of eligibles from the quarterly ex­ school or school system which the U.S. Sec. aminations authorized by paragraph (a) Commissioner of Education determines 330.701 Acceptance of applications. of this section, together with the names is adequate to accomplish the purposes 330.702 Order of entry on registers. of eligibles described in §§ 332.322, 330.- of the Act and this part, and provides 330.703 Entry of names on special registers. 303, and 330.703 of this chapter, and use reasonable assurance that it will carry Au th o r ity : The provisions of this Subpart these registers for certification to fill out such plan; in any case of continuing G issued under sec. 6, 80 Stat. 253. appropriate vacancies. Federal financial assistance the said * afe afe * * Commissioner may reserve the right to Subpart G— Placement Program for redetermine, after such period as may be Employees’ Compensation Bene­ § 332.322 Persons who lost eligibility specified by him, the adequacy of the plan ficiaries because of military service. to accomplish the purposes of the Act * * * * * and this part. In any case in which a § 330.701 Acceptance of applications. (c) When there is ho appropriate ex­ final order of a court of the United States (a) Subject to the conditions pub­ isting register, the Commission may es­ for the desegregation of such school or lished by the Commission in the Federal tablish special registers containing the school system is entered after submission Personnel Manual, a present or former names of persons entitled to priority of of such a plan, such plan shall be revised employee receiving compensation under certification under paragraph (b) of this to conform to such final order, including Subchapter I of Chapter 81 of Title 5, section, together with the names of eli­ any future modification of such order. United States Code, who has not served gibles described in §§ 332.311, 330.303, (Sec. 602, 78 Stat.. 252, 42 U.S.C. 2000d; and the laws referred to in the appendix) with career or career-conditional tenure and 330.703 of this chapter, and use these may apply for examination by the Com­ registers for certification to fill appro­ Effective date. This amendment shall mission for any position, except post­ become effective on the date of its pub­ priate vacancies. master and rural carrier, for which there lication in the F ederal R egister. is .a register established or about to be (Sec. 6,80 Stat. 253) Orville L. F reeman, established under open competitive ex­ Secretary of Agriculture. amination. [seal] J ames C. S pry, (b) Subject to the conditions pub­ Executive Assistant to Approved: March 7,1967. lished by the Commission in the Federal the Commissioners. L yndon B. J ohnson. Personnel Manual, a present or former [F.R. Doc. 67-2722; Piled, Mar. 10, 1967; [F.R. Doc. 67-2720; Filed, Mar. 10, 1967; career or career-conditional employee 8:48 a.m.] 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3968 RULES AND REGULATIONS

Chapter VII— Agricultural Stabiliza­ vided, will tend to effectuate the declared [Valencia Orange Reg. 190] tion and C o n se rv a tio n Service policy of the act. PART 908— V A L E N C IA ORANGES (Agricultural Adjustment), Depart­ (2) It is hereby further found that it GROWN IN ARIZONA AND DESIG­ ment of Agriculture is impracticable and contrary to the public interest to give preliminary NATED PART OF CALIFORNIA SUBCHAPTER C— SPECIAL PROGRAMS notice, engage in public rule-making Limitation of Handling [Arndt. 4] procedure, and postpone the effective date of this section until 30 days after § 908.490 Valencia Orange Regulation PART 775— FEED GRAINS publication hereof in the F ederal R eg­ 190. Subpart— 1966 Through 1969 Feed ister (5 U.S.C. 553 (1966)) because (a) Findings. (1) Pursuant to the Grain Program Regulations the time intervening between the date marketing agreement, as amended, and when information upon which this Order No. 908, as amended (7 CFR Part Correction section is based became available and 908), regulating the handling of Va­ In F.R. Doc. 67-1240, appearing at the time when this section must be­ lencia oranges grown in Arizona and page 2500 of the issue for Tuesday, Feb­ come effective in order to effectuate the designated part of California, effective ruary 7, 1967, the following corrections declared policy of the act is insufficient, under the applicable provisions of the are made in the tabular matter of § 775.- and a reasonable time is permitted, under Agricultural Marketing Agreement Act 427(b): the circumstances, for preparation for of 1937, as amended (7 U.S.C. 601-674), 1. Under Illinois: such effective time; and good cause exists and upon the basis of the recommenda­ a. For Peoria County, the entry in the for making the provisions hereof effec­ tions and information submitted by the second figure column should read “1.36” tive as hereinafter set forth. The com­ Valencia Orange Administrative Com­ instead of “1.37”. mittee held an open meeting during the mittee, established under the said b. For Tazewell County, the entry in current week, after giving due notice amended marketing agreement and or­ the second figure column should read thereof, to consider supply and market der, and upon other available informa­ “1.37” instead of “1.36”. conditions for Navel oranges and the tion, it is hereby found that the limita­ 2. Under Michigan, f o r Monroe need for regulation; interested persons tion of handling of such Valencia County, the entry in the third figure were afforded an opportunity to submit oranges, as hereinafter provided, will column _should read “48.6” instead of information and views at this meeting; tend to effectuate the declared policy of “ 8 .6 ”. the recommendation and supporting in­ the act. 3. Under New Jersey, for Bergen formation for regulation during the period specified herein were promptly (2) It is hereby further found that it County, the entry in the third figure is impracticable and contrary to the pub­ column should read “50.1” instead of submitted to the Department after such meeting was held; the provisions of this lic interest to give preliminary notice, “50.3”. engage in public rule-making procedure, 4. Under New York, for Orleans section, including its effective time, are identical with the aforesaid recommen­ and postpone the effective date of this County, there should appear an entry in section until 30 days after publication the fourth figure column reading “1.27”. dation of the committee, ana informa­ tion concerning such provisions and hereof in the F ederal R egister (5 U.S.C. 5. Under South Dakota: 553 (1966)) because the time intervening a. For Douglas County, the entry in effective time has been disseminated among handlers of such Navel oranges; between the date when information upon the fourth figure column should read which this section is based became avail­ “1.11” instead of “1.10”. it is necessary, in order to effectuate the declared policy of the act, to make this able and the time when this section must b. For Fall River County, the entry in become effective in order to effectuate the fourth figure column should read section effective during the period here­ in specified; and compliance with this the declared policy of the act is insuffi­ “1.10” instead of “1.11”. cient, and a reasonable time is permitted, 6. Under Wisconsin, for Wood County, section will not require any special prep­ aration on the part of persons subject under the circumstances, for preparation the entry in the second figure column for such effective time; and good cause should read “1.36”. hereto which cannot be completed on or before the effective date hereof. Such exists for making the provisions hereof committee meeting was held on March 9, effective as hereinafter set forth. The Chapter IX— Consumer and Market­ 1967. committee held an open meeting during ing Service (Marketing Agreements (b) Order. (1) The respective quan­the current week, after giving due tities of Navel oranges grown in Arizona notice thereof, to consider supply and and O rd e rs; Fruits, Vegetables, market conditions for Valencia oranges Nuts), Department of Agriculture and designated part of California which may be handled during the period be­ and the need for regulation; interested [Navel Orange Reg. 1291 ginning at 12:01 a.m., P.s.t., March 12, persons were afforded an opportunity to PART 907— NAVEL ORANGES 1967, and ending at 12:01 a.m., P.s.t., submit information and views at this meeting; the recommendation and sup­ GROWN IN ARIZONA AND DES­ March 19, 1967, are hereby fixed as follows: porting information for regulation dur­ IGNATED PART OF CALIFORNIA ing the period specified herein were (1) District 1: 900,000 cartons; Limitation of Handling promptly submitted to the Department (ii) District 2: 500,000 cartons; after such meeting was held; the provi­ § 907.429 Navel Orange Regulation 129. (iii) District 3: Unlimited movement; sions of this section, including its ef­ (a) Findings. (1) Pursuant to the (iy). District 4: Unlimited movement. fective time, are identical with the afore­ marketing agreement, as amended, and (2) As used in this section, “handled,” said recommendation of the committee, Order No. 907, as amended (7 CFR Part “District 1,” “District 2,” “District 3,” and information concerning such pro­ 907), regulating the handling of Navel “District 4,” and “carton” have the same visions and effective time has been dis­ oranges grown in Arizona and designated meaning as when used in said amended seminated among handlers of such Va­ part of California, effective under the marketing agreement and order. lencia oranges; it is necessary, in order applicable provisions of the Agricultural (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. to effectuate the declared policy of the Marketing Agreement Act of 1937, as 601-674) act, to make this section effective dur­ amended (7 U.S.C. 601-674), and upon ing the period herein specified; and com­ the basis of the recommendations and Dated: March 10,1967. pliance with this section will not require information submitted by the Navel any special preparation on the part of Orange Administrative Committee, es­ P aul A. Nicholson, persons subject hereto which cannot be tablished under the said amended mar­ Deputy Director, Fruit and Veg­ completed on or before the effective date keting agreement and order, and upon etable Division, Consumer and hereof. Such committee meeting was other available information, it is hereby Marketing Service. held on March 9,1967. found that the limitation of handling of [FJR. Doc. 67-2817; Filed, Mar. 10, 1967; (b) Order. (1) The respective quanti­ such Navel oranges, as hereinafter pro- 11:29 a.m.] ties of Valencia oranges grown in Ari-

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3969 zona and designated part of California promptly submitted to the Department ing between the date when informa­ which may be handled during the period after such meeting was held; the provi­ tion upon which this section is based beginning at 12:01 a.m., P.s.t., March 12, sions of this section, including its effec­ became available and the time when 1967, and ending at 12:01 a.m., P.s.t., tive time, are identical with the afore­ this section must become effective in or­ March 19, 1967, are hereby fixed as said recommendation of the committee, der to effectuate the declared policy of follows : and information concerning such provi­ the act is insufficient, and a reasonable (1) District 1: Unlimited movement; sions and effective time has been dis­ time is permitted, under the circum­ (ii) District 2: Unlimited movement; seminated among handlers of such stances, for preparation for such ef­ (iii) District 3: 125,000 cartons. lemons; it is necessary, in order to effec­ fective time; and good cause exists for (2) As used in this section, “handled,” tuate the declared policy of the act, to making the provisions hereof effective “handler,” “District 1,” “District 2,” make this section effective during the as hereinafter set forth. The committee “District 3,” and “carton” have the same period herein specified; and compliance held an open meeting during the cur­ meaning as when used in said amended with this section will not require any rent week, after giving due notice marketing agreement and order. special preparation on the part of per­ thereof, to consider supply and market (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. sons subject hereto which cannot be conditions for Indian River grapefruit, 601-674) completed on or before the effective and the need for regulation; interested date hereof. Such committee meeting persons were, afforded an opportunity to Dated: March 10,1967. was held on March 7, 1967. submit information and views at this Paul A. Nicholson, (b) Order. (1) The respective quan­ meeting; the recommendation and sup­ Deputy Director, Fruit and Veg­ tities of lemons grown in California and porting information for regulation dur­ etable Division, Consumer and Arizona which may be handled during ing the period specified herein were Marketing Service. the period beginning at 12:01 a.m., P.s.t., promptly submitted to the Department March 12,1967, and ending at 12:01 a.m., [F.R. Doc. 67-2818; Filed, Mar. 10, 1967; after such meeting was held; the provi­ 11:29 a.m.] P.s.t., March 19, 1967, are hereby fixed as sions of this section, including its ef­ follows: fective time, are identical with the afore­ [Lemon Reg. 258] (1) District 1: 11,160 cartons; said recommendation of the committee, (ii) District 2: 174,840 cartons; and information concerning such pro­ PART 910— LEMONS GROWN IN (iii) District 3: Unlimited movement. visions and effective time has been dis­ CALIFORNIA AND ARIZONA (2) As used in this section, “handled,” seminated among handlers of such In­ “District 1,” “District 2,” “District 3,” dian River grapefruit; it is necessary, Limitation of Handling and “carton” have the same meaning as in order to effectuate the declared policy § 910.558 Lemon Regulation 258. when used in the said amended market­ of the act, to make this section effective ing agreement and order. during the period herein specified; and (a) Findings. (1) Pursuant to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. compliance with this section will not’ re­ marketing agreement, as amended, and 601-674) quire any special preparation on the part Order No. 910, as amended (7 CFR Part Dated: March 9, 1967. of persons subject hereto which cannot 910), regulating the handling of lemons be completed on or before the effective grown in California and Arizona, effective Paul A. Nicholson, date hereof. Such committee meeting under the applicable provisions of the Deputy Director, Fruit and Vege­ was held on March 9, 1967. Agricultural Marketing Agreement Act table Division, Consumer and (b) Order. (1) The quantity of of 1937, as amended (7 U.S.C. 601-674), Marketing Service. grapefruit grown in the Indian River and upon the basis of the recommenda­ [F.R. Doc. 67-2783; Filed, Mar. 10, 1967; District which may be handled during tions and information submitted by the 8:48 a.m.] the period beginning at 12:01 a.m., e.s.t., Lemon Administrative Committee, estab­ March 13,1967, and ending at 12:01 a.m., lished under the said amended marketing [Grapefruit Reg. 38] e.s.t., March 20, 1967, is hereby fixed at agreement and order, and upon other 250,000 standard packed boxes. available information, it is hereby found PART 912— GRAPEFRUIT GROWN IN (2) As used in this section, “handled,” that the limitation of handling of such INDIAN RIVER DISTRICT IN FLORIDA “Indian River District,” “grapefruit,” lemons, as hereinafter provided, will tend and “standard packed box” have the to effectuate the declared policy of the Limitation of Handling same meaning as when used in said act. § 912.338 Grapefruit Regulation 38. amended marketing agreement and or­ (2) It is hereby further found that it der. is impracticable and contrary to the pub- (a) Findings. (1) Pursuant to the lice interest to give preliminary notice, marketing agreement, as amended, and (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. engage in public rule-making procedure, Order No. 912, as amended (7 CFR Part 601-674) and postpone the effective date of this 912), regulating the handling of grape­ Dated: March 9,1967. section until 30 days after publication fruit grown in the Indian River District Paul A. Nicholson, hereof in the F ederal R egister (5 U.S.C. in Florida, effective under the applicable 553 (1966)) because the time interven­ provisions of the Agricultural Marketing Deputy Director, Fruit and Veg­ ing between the date when information Agreement Act of 1937, as amended (7 etable Division, Consumer and upon which this section is based became U.S.C. 601-674), and upon the basis of Marketing Service. available and the time when this section the recommendations and information [F.R. Doc. 67-2784; Filed, Mar. 10, 1967; ' must become effective in order to effectu­ submitted by the Indian River Grape­ 8:48 a.m.] ate the declared policy of the act is'ln- fruit Committee, established under the sufficient, and a reasonable time is per­ said amended marketing agreement and mitted, under the circumstances, for order, and upon other available infor­ preparation for such effective time; and mation, it is hereby found that the Title 22— FOREIGN RELATIONS good cause exists for making the provi­ limitation of handling of such grape­ Chapter I— Department of State sions hereof effective as hereinafter set fruit, as hereinafter provided, will tend forth. The committee held an open to effectuate the declared policy of the [Dept. Reg. 108.551] act. meeting during the current week, after p a r t 41— VISAS: DOCUMENTATION giving due notice thereof, to consider (2) It is hereby further found that it OF NONIMMIGRANTS UNDER THE supply and market conditions for lemons is impracticable and contrary to the pub­ and the need for regulation; interested lic interest to give preliminary notice, IMMIGRATION AND NATIONALITY persons were afforded an opportunity engage in public rule-making procedure, ACT, AS AMENDED to submit information and views at this and postpone the effective date of this Nonimmigrant Documentary Waivers meeting; the recommendation and sup­ section until 30 days after publication porting information for regulation dur­ hereof in the F ederal R egister (5 U.S.C. Part 41, Chapter I, Title 22 of the Code ing the period specified herein were 553 (1966)) because the time interven- of Federal Regulations is being amended

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 No. 48- -2 3970 RULES AND REGULATIONS to provide a waiver of the passport and passport are not required of a nonimmi­ ing member under a trust receipt are visitor visa requirements for participants grant who is a Boy Scout, Scouter or offi­ not intermingled with other documents. in the Twelfth Boy Scouts World Jam­ cial whose association is certified by the This periodic determination should be boree and Twenty-first Boy Scouts World National Council, Boy Scouts of America, accomplished by a member’s auditor at Conference. Section 41.6 is amended by as representing another nation at the the time of each audit of such member the addition of the following paragraph: Twelfth Boy Scout World Jamboree to be by means of verification and reconcile­ § 41.6 Nonimmigrants not required to held at Coeur d’Alene, Idaho, from ment of the appropriate records and present passports, visas, or border­ August 1 through 9,1967, or at the Twen­ documents of the Bank and the borrow­ crossing identification cards. ty-first Boy Scouts World Conference ing member. If a borrowing member * ♦ * * * to be held at Seattle, Wash., from August is not audited regularly, the verification 11 through 17,1967. and reconcilement may be done by rep­ (g) Participants in Twelfth Boy Scouts resentatives of the appropriate super­ World Jamboree and Twenty-first Boy (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) visory authority in connection with each Scouts World Conference. A visa and a This order shall become effective July examination of such member. Notwith­ passport shall not be required of a non­ 1, 1967, and shall expire on August 18, standing the foregoing, verification may immigrant who is a Boy Scout, Scouter 1967. Compliance with the provisions of be made at any time by a representative or official whose association is certified section 553 of Title 5 of the United States of the Bank, and shall be made by such by the National Council, Boy Scouts of Code (P.L. 89-554, 80 Stat. 383) as to a representative in any instance where America, as representing another nation notice of proposed rule making is un­ verification was not accomplished to the at the Twelfth Boy Scout World Jam­ necessary in this instance because the satisfaction of the Bank during the pre­ boree to be held at Coeur d’ Alene, Idaho, rule prescribed by the order confers bene­ ceding 16-month period. from August 1 through 9, 1967, or at the fits on persons affected thereby. (b) Verification must be accom­ Twenty-first Boy Scouts World Confer­ Dated: February 27, 1967. plished in accordance with generally ence to be held at Seattle, Wash., from accepted auditing standards and must August 11 through August 17, 1967. R aymond F . F arrell, include such tests of the borrowing mem­ Effective date. The amendment to the Commissioner of ber’s books, records, and documents as regulations contained in this order shall Immigration and Naturalization. may be necessary to provide a reasonable become effective July 1, 1967, and shall [F.R. Doc. 67-2707; Filed, Mar. 10, 1967; basis for a certification to the loaning expire on August 18,, 1967. 8:47 a.m.] Bank by the auditor, examiner, or other person performing the verification and The provisions of section 4 of the Ad­ reconcilement that home mortgage loans ministrative Procedure Act (60 Stat. 238; pledged as security for Bank advances 5 U.S.C. 1003) relative to notice of pro­ posed rule making are inapplicable to Title 12— BANKS AND BANKING are actually in existence and that loan Chapter V— Federal Home Loan Bank documents which are held for the Bank this order because the regulations con­ by the borrowing member are physically tained herein involve foreign affairs Board segregated from other loan documents functions of the United States. SUBCHAPTER B— FEDERAL HOME LOAN BANK in the possession of such borrowing P h ilip B . Heymann, SYSTEM member. The certification shall be of Acting Administrator, Bureau of [No. 20,493] such type and in such form as the loan­ Security and Consular Affairs, ing Bank may from time to time Department of State. PART 531— STATEMENTS OF POLICY prescribe. F ebruary 2, 1967. Addition of Statement of Policy on (Sec. 17, 47 Stat. 736, as amended; 12 U.S.C. 1437. Reorg. Plan No. 3 of 1947, 12 F.R. R aymond F . F arrell, Collateral for Advances 4981, 3 CFR, 1947 Supp.) Commissioner of Immigration M arch 2,1967. and Naturalization, Immigra­ By the Federal Home Loan Bank tion and Naturalization Serv­ Resolved that the Federal Home Loan Board. ice, Department of Justice. Bank Board, upon the basis of consider­ ation by it of the advisability of stating [ seal] H arry W . Caulsen, F ebruary 27,1967. and codifying its policy with respect to Secretary. [F.R. Doc. 67-2708; Filed, Mar. 10, 1967; the retention by borrowing members of [F.R. Doc. 67-2702; Filed, Mar. 10, 1967; 8:47 a.m.] documents evidencing home mortgages 8:46 a.m.] assigned as security for advances from a Federal Home Loan Bank and for the purpose of effecting such publication and Title 8— ALIENS AND such codification hereby amends Part 531 Title 14— AERONAUTICS AND of the regulations for the Federal Home NATIONALITY Loan Bank System (12 CFR Part 531) by SPACE adding, immediately after § 531.3 a new Chapter I— -Federal Aviation Agency Chapter I— Immigration and Natural­ section, § 531.4, to read as follows: ization Service, Department of Justice [Docket No. 67-EA-19 Amdt. 39-365] § 531.4 Verification of collateral held PART 212— D O C U M EN TA R Y RE­ by members under trust receipt. PART 39— AIRWORTHINESS QUIREMENTS: NONIMMIGRANTS; (a) Documents evidencing home DIRECTIVES WAIVERS; ADMISSION OF CERTAIN mortgages assigned by a borrowing Fairchild Hiller Model F27 Series INADMISSIBLE ALIENS; PAROLE member to a Federal Home Loan Bank Airplanes as security for advances may be placed Nonimmigrant Documentary Waivers or left with such borrowing member for Failure of the supporting brackets for The following amendment to Chapter safekeeping, provided that the Bank ob­ the stewardess seat assembly on a Fair- I of Title 8 of the Code of Federal Regu­ tains from the borrowing member a trust child Model F27 series aircraft, during a lations is hereby prescribed: receipt or other agreement. Such docu­ hard landing, resulted in collapse of the Section 212.1 is amended by adding a ments will be held for the benefit and seat assembly and danger to the seat oc­ paragraph (g) to read as follows: subject to the direction and control of cupant. Subsequent investigation es­ the lending Bank. Where such a proce­ tablished that the seat assemblies do not § 212.1 Documentary requirements for dure is employed, it is necessary for the meet stress requirements for hard land­ nonimmigrants. loaning Bank to periodically determine ings. Since the collapse is likely to oc­ * * # * * that home mortgage loans securing its cur on other aircraft of the same type, (g) Boy Scouts World Jamboree and advances are actually in existence and an airworthiness directive is being is­ Conference participants. A visa and a that any documents held by the borrow­ sued to require placarding of such seat

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3971 assemblies, until they are modified to the TC-45J (SN B-5), JR B -6, D18C, D18CT, (c) Operator shall send a completed Form satisfaction of FAA. and D18S (Serial Nos. A -l through A-440 FAA 1226 (Malfunction and Defects Report) Since a situation exists that requires inclusive) airplanes with 1,500 hours’ or to the local FAA GADO if cracks are detected. adoption of this regulation, it is found more time in service. This supersedes AD-48-16-1. that notice and public procedures hereon Since immediate action is required in This amendment becomes effective up­ are impracticable and good cause exists the interest of safety, compliance with on publication in the F ederal R egister. for making this amendment effective in the notice and public procedure provi­ (Secs. 313(a), 601, 603, Federal Aviation Act less than 30 days. sions of the Administrative Procedures Of 1958; 49 U.S.C. 1354(a), 1421, and 1423) In consideration of the foregoing and Act is not practicable, and good cause Issued in Kansas City, Mo., on March pursuant to the authority delegated to exists for making this amendment ef­ 7, 1967. me by the Administrator, 14 CFR 11.85 fective in less than thirty (30) days. E dward C. Marsh, (31 F.R. 13697, § 39.13 of Part 39 of the In consideration of the foregoing, and Director, Central Region. Federal Aviation Regulations is amended pursuant to the authority delegated to [F.R. Doc. 67-2755; Filed, Mar. 10, 1967; by adding the following new Airworthi­ me by the Administrator (31 F.R. 13697), 8:48 a.m.] ness Directive: section 39.13 of Part 39 of the Federal F airchild Hil le r Corp. Applies to Model Aviation Regulations is amended by add­ [Airspace Docket No. 66—EA-33] F27 Series Airplanes incorporating stew­ ing the following new airworthiness ardess seat assembly, Fairchild Drawings directive: PART 71— DESIGNATION OF FEDERAL No. 27-770633 and 27-770634. Compli­ AIRWAYS, CONTROLLED AIRSPACE, ance required within the next 50 hours B eech craft. Applies to Model C18S, AT-11, time in service after the effective date C-45, C45A, UC-45B, UC-45F, AT-7, AND REPORTING POINTS of this AD unless already accomplished. AT-7A, AT-7B, AT-7C, JRB-1, JRB-2, To prevent injury to occupants of steward­ JRB-3, JRB-4, SNB-1, SNB-2, SNB-2C, Alteration of Transition Area ess seat assemblies, accomplish the following: C45G, TC-45G, C45H, TC-45H TC-45J (a) Conspicuously post in the vicinity of (SNB-5), JRB-6, D18C, D18CT, and On page 11760 of the F ederal R egister the stewardess seat and in full view of the D18S (Serial Nos. A-l through A-440 in­ for September 8, 1966, the Federal Avia­ seat occupant a placard reading as follows: clusive) airplanes with 1500 hours’ or tion Agency published proposed regula­ “Do not occupy stewardess jump seat dur­ more time in service. tions which would alter the Jefferson, ing take-off or landing.” Compliance required as indicated. Ohio, 700-foot floor transition area. (b) The placard required in (a) may be To detect cracks in the lower spar caps of The proposed regulation intended a removed when there has been incorporated the outboard wing panels, within the next single airspace reservation to cover the into the seat assembly a modification ap­ 25 hours’ time in service after the effective needs of traffic control in the terminal proved by the Chief, Engineering & Manufac­ date of this AD, unless already accomplished, turing Branch, Eastern Region. area of Jefferson, Ohio, above the Ash- and thereafter at intervals of not to exceed tabula-Jefferson Airport and Geneva, This amendment becomes effective 500 hours’ time in service from the date of the last inspection, a c c o m p l i s h the Ohio, above the Germack Airport. It has immediately. following : been determined that while the same (Sec. 313(a), 601, 603, Federal Aviation Act (a) Inspect, using X-ray method or FAA- amount of airspace is needed, that area of 1958; 49 U.S.C. 1354(a), 1421, 1423) approved equivalent, the elliptical lower spar above Germack Airport is needed only Issued in Jamaica, N.Y., on March 2, caps of the outboard wing panels at two between sunrise and sunset. Therefore, 1967. positions on each wing, one position located the airspace dimensions while remaining between a point 3 inches and a point 10 W ayne Hendershot, the same are split into two separate air­ Acting Director, Eastern Region. inches outboard of the center line of the space descriptions. This latter action is wing hinge fitting, hereinafter referred to thus less restrictive than the proposal (F.R. Doc. 67-2688; Filed, Mar. 10, 1967; as Area 1, and the other position located be­ 8:45 a.m.] tween a point 14 inches and a point 21 inches and need not be the subject of notice and outboard of the center line of the wing hinge procedure. [Docket No. CE-67-AD-4; Arndt. 39-368] fitting, hereinafter referred to as Area 2. In answer to the proposed regulations, X-ray inspections of Areas 1 and 2 must be Mr. Woerner, owner of Woerner’s Field PART 39— AIRWORTHINESS conducted in accordance with MIL-STD-453. objected to establishing the transition DIRECTIVES To accomplish the X-ray inspections of Areas area over Germack Airport. Woerner 1 and 2 on each wing, position the film holder Certain Models of Beechcraft Field is adjacent to Germack Airport and underneath the wing to cover the area being Mr. Woerner attests that during VFR Airplanes inspected and position the X-ray tube head on top of the wing perpendicular to the lower operations there are conflictions between Beechcraft Models C18S, AT-11, C-45, spar cap and offset from the vertical plane the traffic of the respective airports. He C45A, UC-45B, UC-45F, AT-7, AT-7A, of the spar as necessary to provide good defi­ concludes that the conflictions will be AT-7B, AT-7C, JRB-1, JRB-2, JRB-3, nition of the lower spar cap. For Area 1, heightened by the introduction of IFR JRB-4, SNB-1, SNB—2, SNB-2C, C45G, tape the penetrameter to the top of the ellip­ traffic in the transition area. TC-45G, C45H, TC-45H, TC-45J (SNB- tical lower spar cap ^ to 1 inch outboard The establishment of the instrument 5), JR B -6, D18C, D18CT, and D18S of the outboard edge of the boss located 7 >4 approach procedure to Germack Airport inches from the center line of the hinge fit­ requires the establishment of a transi­ (Serial Nos. A-l, through A-440 inclu­ ting. For Area 2, tape the penetrameter to sive) airplanes with 1,500 hours’ or more the top of the elliptical lower spar cap % to, tion area to protect the approach. Mr. time in service: 1 inch inboard of the weld at the intersec­ Woerner’s objection to the transition There have been cracks found in the tion of the diagonal 181410-8 tube and the area infers the potential violation of lower spar cap of the outboard wing lower spar cap, located approximately 15 Federal Aviation Regulations by VFR panel on Beechcraft Model D18C, D18CT, inches from the center line of the hinge and IFR aircraft operating in the same and C45H airplanes. The possible result, fitting. airspace. This Agency cannot aerogate if cracks in this area go undetected, is No t e : X-ray equipment used for the in­ its responsibility to protect instrument loss of the primary wing structure. spection should be capable of penetrating approaches on such a supposition. three-eighths inch of steel with 2 percent Rather, it is assumed that the regula­ Since this condition is likely to exist or sensitivity. A sufficient number of X-ray develop in other airplanes of the same tions will be obeyed. type design, an airworthiness directive shots should be made of Areas 1 and 2 to In view of the foregoing, the proposed is being issued requiring inspection, us­ provide good definition of the entire pe­ regulations are hereby adopted effective ing X-ray method or FAA-approved riphery of the spar cap elliptical tube. In­ 0001 e.s.t., April 27, 1967, as follows: equivalent, and replacement where nec­ formation regarding X-ray equipment, film, 1. Amend § 71.181 of Part 71 of the essary, of the lower spar caps of the out­ film holders, and subsurface indications on Federal Aviation Regulations so as to board wing panels, Beechcraft Part No. X-rays which may have no structural sig­ delete the description of the Jefferson, 181410, on Beechcraft Models C18S, nificance can be obtained from Beechcraft Ohio, 700-foot floor transition area and AT-11, C-45, C45A, UC-45B, UC-45F, Service Bulletins Nos. 64-15, 64-16, or 64-17. insert in lieu thereof the following: AT-7, AT-7A, AT-7B, AT-7C, JRB-1, (b) If cracks are found in either Area 1 J effe r so n , O h io JRB-2, JRB-3, JRB-4, SNB-1, SNB-2, or 2, replace with airworthy part prior to That airspace extending upward from SNB-2C, C45G, TC-45G, C45H, TC-45H, further flight. 700 feet above the surface within a 5-mile

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3972 RULES AND REGULATIONS

radius of the center, 41°45'15" N„ 80°46'25" surface within 8 miles E and 5 miles W of the interest. For these reasons, the Admin­ W., of -the Ashtabula-Jefferson Airport, Jef­ McKellar VOR 208° radial, extending from istrator finds that a situation exists re­ ferson, Ohio; and within 2 miles each side the VOR to 12 miles SW; and that airspace of the Jefferson, Ohio, VOR 061° radial ex­ bounded on the N by V-140, on the E and S quiring immediate action in the public tending from the 5-mile radius area to 8 by V-16N, and on the W by V-11E. interest and that notice and public miles NE of the VOR. procedure hereon are impracticable, and (Sec. 307(a), Federal Aviation Act of 1958; good cause exists for making the amend­ 2. Amend § 71.181 of Part 71 of the49 U.S.C. 1348(a) ) ment effective immediately. Federal Aviation Regulations so as to Issued in East Point, Ga., on March 2, In consideration of the foregoing, establish a Geneva, Ohio, transition area 1967. Part 71 of the Federal Aviation Regula­ described as follows: W. B. R ucker, tions is amended, effective immediately,, G eneva, Oh io Acting Director, Southern Region. as hereinafter set forth: That airspace extending upward from 700 [F.R. Doc. 67-2690; Filed, Mar. 10, 1967; In § 71.181 (32 F.R. 2148), the Du­ feet above the surface within a 5-mile radius 8:45 a.m.] buque, Iowa, transition area is amended Of the center 41°46'40" N., 80°54T5” W., of to read: Germack Airport, Geneva, Ohio, excluding D u bu q u e, I owa that airspace that coincides with the Jef­ [Airspace Docket No. 67-CE-34] That airspace extending upward from 700 ferson, Ohio; 700-foot floor transition area. feet above the surface within a 7-mile radius This transition area shall be in effect from p a r t 71— designation o f f e d e r a l of the Dubuque Municipal Airport (latitude sunrise to sunset, daily. AIRWAYS, CONTROLLED AIRSPACE, 42°24'10" N.^ longitude 90°42'32” W.), (Sec. 307(a), Federal Aviation Act of 1958; AND REPORTING POINTS within 8 miles SW and 5 miles NE of the 72 Stat. 749; 49 U.S.C. 1348) Dubuque VORTAC 321° radial, extending Alteration of Transition Area from the VORTAC to 12 miles NW of the Issued in Jamaica, N.Y., on Febru­ VORTAC, and within 8 miles NE and 5 miles ary 27,1967. The purpose of this amendment to SW of the Dubuque 126° radial extending W ayne H endershot, Part 71 of the Federal Aviation Regula­ from the VORTAC to 12 miles SE of the Deputy Director, Eastern Region. VORTAC; and that airspace extending up­ tions is to alter the Dubuque, Iowa, ward from 1,200 feet above the surface within [F.R. Doc. 67-2689; Filed, Mar. 10, 1967; transition area. an 18-mile radius of the Dubuque VORTAC, 8:45 a.m.] The Dubuque, Iowa, transition area is and that area bounded on the N by the S presently designated as follows: edge of V-100, on the E by the W edge of V—63, on the S by the N edge of V-172, [Airspace Docket No. 66-SO-79] That airspace extending upward from 700 on the W by the E edge of V-67, excluding feet above the surface within a 7-mile radius the portions which coincide with the Cedar p a r t 71— designation o f f e d e r a l of the Dubuque Municipal Airport (latitude Rapids, Iowa, and Waterloo, Iowa, transition AIRWAYS, CONTROLLED AIRSPACE, 42°24'10" N, longitude 90°42'32" W ), within areas. 8 miles SW and 5 miles NE of the Dubuque AND REPORTING POINTS VORTAC 321° radial, extending from the (Sec. 307(a), Federal Aviation Act of 1958; Alteration of Transition Area VORTAC to 12 miles NW, and within 8 miles 49 U.S.C. 1348)- NE and 5 miles SW of the Dubuque 126° The purpose of this amendment to radial extending from the VORTAC to 12 Issued in Kansas City, Mo., on March Part 71 of the Federal Aviation Regula­ miles SE; and that airspace extending up­ 3, 1967. ward from 1,200 feet above the surface with­ Daniel E . B arrow, tions is to alter the Jackson, Tenn., in an 18-mile radius of the Dubuque VOR­ Acting Director, Central Region. transition area. TAC. The Jackson transition area is de­ [F.R. Doc. 67-2691; Filed, Mar. 10, 1967; scribed in § 71.181 (32 F.R. 2148). The Pursuant to Airspace Docket No. 65- 8:45 a.m.] portion of the airspace which extends CE-63 (30 F.R. 9761), effective Septem­ upward from 1,200 feet above the surface ber 16,. 1965, the Dubuque, Iowa, transi­ [Airspace Docket No. 66-SO-73] is predicated on Federal airways V-11E, tion ai;ea was redesignated in order to PART 75— ESTABLISHMENT OF JET authorize the Chicago Air Route Traffic V-16, V-16N, and V-140S. Effective ROUTES May 25, 1967, as specified in Airspace Control Center to provide radar vector­ Docket No. 66-SO-64, V-11E between ing services for aircraft operating to, Alteration of Jet Route Memphis, Tenn., and Paducah, Ky., will from, and between Dubuque, Iowa, and Cedar Rapids, Iowa. Pursuant to Air­ On December 20,1966, a notice of pro­ be realigned; V-140S between Dyersburg posed rule making was published in the and Nashville, Tenn., will be revoked; and space Docket No. 66-CE-41 (31 F.R. 15236), effective February 2, 1967, the F ederal R egister (31 F.R. 16278) stating a new V-16N airway segment between that the Federal Aviation Agency (FAA) Memphis and Jacks Creek, Tenn., will Dubuque, Iowa, transition area was re­ designated to accommodate the reloca­ was considering realignment of Jet be designated. Amendment of the Route No. J-71 from Memphis, Tenn., to transition area to reflect predication on tion of the Dubuque VORTAC to a site on the Dubuque Municipal Airport and Centralia, 111. appropriate airway boundaries is re­ Interested persons were afforded an quired concurrently with these changes. to provide controlled airspace protection for aircraft executing prescribed arrival, opportunity to participate in the rule This action incorporates airspace cur­ making through submission of com­ rently associated with airway segments departure, and holding procedures in the Dubuque terminal area. In the latter ments. The only comment received was into the Jackson transition area. favorable. Realignment of the airway structure redesignation, the controlled airspace necessary to permit the Chicago Air In consideration of the foregoing, Part also eliminates the necessity for the 75 of the Federal Aviation Regulations is transition area extension predicated on Route Traffic Control Center to perform the above-mentioned radar Vectoring amended, effective 0001 e.s.t., May 25, the McKellar VOR 212° radial. 1967, as hereinafter set forth. Since this amendment lessens the services to aircraft was inadvertently omitted. Section 75.100 (32 F.R. 2341) is burden on the public, notice and public amended as follows: procedure hereon are unnecessary. Since no objections were received as 1. In J-71 “INT of Memphis 354° and In consideration of the foregoing, a result of the Administrator’s circu­ Centralia, 111., 199° radials; Centralia;” Part 71 of the Federal Aviation Regula­ larization of the proposals contained in is deleted and “Centralia, 111.;” is substi­ tions is amended, effective 0001 e.s.t., Airspace Dockets Nos. 65-CE-63 and tuted therefor. May 25, 1967, as hereinafter set forth. 66-CE-41, the omission in Airspace Docket No. 66-CE-41 was unintentional, (Sec 307(a), Federal Aviation Act of 1958; 49 In § 71.181 (32 F.R. 2148) the Jackson, U.S.C. 1348) Tenn., transition area is amended to and reinstatement of the omitted air­ read: space is urgently required in order for Issued in Washington, D.C., on March J ackson , T e n n . Air Traffic Control to provide efficient 6,1967. H. B . H elstrom, That airspace extending upward from 700 air traffic radar vectoring services to air­ feet above the surface within a 9-mile radius craft operating to, from, and between Chief, Airspace and Air of McKellar Field (latitude 35°35'55" N., Dubuque, Iowa, and Cedar Rapids, Iowa, Traffic Rules Division. longitude 88°54'55" W .); and that airspace any delay in making this amendment [F.R. Doc. 67-2692; Filed, Mar. 10, 1967; extending upward from 1,200 feet above the effective will be contrary to the public 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3973

2. That beef offered at 29, 31, or 33 [Docket No. C-1173] Title 16— COMMERCIAL cents per pound, or at any other com­ PART 13— PROHIBITED TRADE paratively low price per pound, is PRACTICES “choice” or top quality meat; or that PRACTICES such beef has been so graded by the U.S. Custom Carpet Shop of Virginia and Chapter I— Federal Trade Department of Agriculture. Floyd H. Charsky Commission 3. That the beef offered at the prices aforesaid consists primarily of sirloin, Subpart—Advertising falsely or mis­ [Docket Nq. 8720] T-bone, roasts, porterhouse, or other top leadingly: § 13.30 Composition of goods. PART 13— PROHIBITED TRADE quality cuts of meat. 13.30-75 Textile Fiber Products Identi­ PRACTICES 4. That the beef offered for sale comes fication Act. § 13.73 Formal regulatory entirely or primarily from the Black and statutory requirements. 13.73-90 Angus Freezer Meats, Inc., et al. Angus breed of cattle: Provided, how­ Textile Fiber Products Identification Act. § 13.155 Prices. 13.155-40 Exaggerated Subpart—Advertising falsely or mis­ ever, That it shall be a defense in any enforcement proceeding instituted under as regular and customary. 13.155-70 leadingly: § 13.85 Government approval, Percentage savings. Subpart—Invoicing action, connection or standards. 13.85- paragraphs 2, 3, or 4 of section A of this order for respondents to establish that products falsely: § 13.1108 Invoicing 60 Standards, specifications, or source. the advertised beef conforms to the rep­ products falsely. 13.1108-80 Textile § 13.155 Prices. 13.155-10 Bait. § 13.175 resentations made. Fiber Products Identification Act. Sub­ Quality of product or service. Sub­ part—Misbranding or mislabeling: §13.- part—Misrepresenting oneself and 5. That the beef or meat products of­ fered for sale will be cut and trimmed 1185 Composition. 13.1185-80 Textile goods—Goods: § 13.1645 Government Fiber Products Identification Act. Sub­ standards or specifications. § 13.1715 at the convenience of the purchaser: Provided, however, That it shall be, a de­ part—Misrepresenting oneself and Quality__ Misrepresenting oneself and goods—Goods. § 13.1747 Special or goods—Prices: § 13.1779 Bait. fense in any enforcement proceeding instituted hereunder for respondents to limited offers. Misrepresenting oneself (Sec. 6, 38 Stat. 721; 15 U.S.C. 46, Interpret or establish that they in fact comply with and goods—Prices: § 13.1805 Exagger­ apply sec. 5, 38 Stat. 719; as amended, 15 such representation. ated as regular and customary. § 13.1825 U.S.C. 45.) [Cease and desist order, Angus Usual as reduced or to be increased. Freezer Meats, Inc., Trading As Black Angus B. Disseminating, or causing the dis­ Freezer Meats, etc., Washington, D.C., Docket semination of, any advertisement by Subpart—Neglecting, unfairly or decep­ 8720, Feb. 16,1967] means of the U.S. mails or by any means tively, to make material disclosure: in commerce, as “commerce”, is defined § 13.1845 Composition. 13.1845-70 Tex­ In the Matter of Angus Freezer Meats, tile Fiber Products Identification Act. Inc., a Corporation, Trading as Black in the Federal Trade Commission Act, which advertisement misrepresents in § 13.1852 Formal regulatory and statu­ Angus Freezer Meats, Steakland any manner the quality or grade of any tory requirements. 13.1852-70 Textile Freezer Meats, Inc., a Corporation, beef or other meat product. Fiber Products Identification Act. Black Angus Freezer Meats of Virginia, C. Discouraging the purchase of, or (Sec. 6, 38 Stat. 721; 15 U.S.C 46. Interpret Inc., a Corporation, and David W. disparaging in any manner, any products or apply sec. 5, 38 Stat. 719, as amended; 72 Ewing, Individually and as an Officer which are advertised or offered for sale Stat. 1717; 15 U.S.C. 45, 70) [Cease and desist of Said Corporations in advertisements disseminated or caused order, Custom Carpet Shop of Virginia et al., Order requiring three affiliated meat to be disseminated in commerce as “com­ Arlington, Va., Docket C-1173, Feb. 17, 1967] dealers of Washington, D.C., Philadel­ merce” is defined in the Federal Trade Consent order requiring an Arlington, phia, Pa., and Norfolk, Va., to cease using Commission Act. Va., carpet dealer to cease making decep­ bait advertising, misrepresenting the D. Disseminating, or causing to be tive pricing and savings claims, mis­ grade and quality of their meat, falsely disseminated, any advertisement by any branding the fiber content, and falsely representing that their products are means, for the purpose of inducing, or advertising its textile fiber products. graded by the U.S. Department of Agri­ which is likely to induce, directly or in­ The order to cease and desist, includ­ culture, and making other deceptive directly, the purchase of respondents’ ing further order requiring report of claims. products in commerce, as “commerce” compliance therewith, is as follows: The order to cease and desist is as is defined in the Federal Trade Commis­ It is ordered, That respondents Cus­ follows: sion Act, which advertisement contains tom Carpet Shop of Virginia, a corpo­ It is ordered, That respondents Angus any of the representations or misrepre­ ration, and its officers, and Floyd H. Freezer Meats, Inc., a corporation trad­ sentations prohibited in paragraphs A Charsky, individually and as an officer ing as Black Angus Freezer Meats, or and B above. of the said corporation, and respond­ under any other name or names, and By “Final Order” further order requir­ ents’ representatives, agents, and em­ its officers; Steakland Freezer Meats, ing report of compliance is as follows: ployees, directly or through any corpo­ Inc., a corporation, and its officers; Black rate or other device in connection with Angus Freezer Meats of Virginia, Inc., a It is further ordered, That Angus the advertising, offering for sale, sale, corporation, and its officers; and David Freezer Meats, Inc., a corporation, trad­ or distribution of rugs, carpets, floor W. Ewing, individually and as an officer ing as Black Angus Freezer Meats ;' coverings, or any other product in com­ of said corporations, and respondents’ Steakland Freezer Meats, Inc., a corporo- merce, as “commerce” is defined in the agents, representatives, and employees, ration; Black Angus Freezer Meats of Federal Trade Commission Act, do forth­ directly or through any corporate or Virginia, Inc., a corporation; and David with cease and desist from: other device, in connection with the W. Ewing, individually and as an officer of said corporations, shall within sixty 1. Representing, directly or by impli­ offering for sale, sale, or distribution of cation, by use of the words “^Sale,” beef or other meat products, do forth­ (60) days after service of this order upon them, file with the Commission a report “Clearance,” “special event,” “factory with cease and desist from: closeout,” “limited time only,” or any A. Disseminating, or causing the dis­in writing, signed by such respondents, setting forth in detail the manner and other word or words of similar import semination of, any advertisement by that the price of any merchandise is a means of the U.S. mails or by any means form of their compliance with the order to cease and desist. reduction from respondents’ former of­ in commerce, as “commerce” is defined fering price for said merchandise: Pro­ in the Federal Trade Commission Act, Issued: February 16,1967. vided, however, That it shall be a de­ which advertisement represents, directly By the Commission. fense in any enforcement proceeding or by implication: instituted hereunder for the respondents 1. That any such products are offered [seal] J oseph W. S hea, to establish that the price at which said for sale when such offer is not a bona Secretary. merchandise is being offered for sale fide offer to sell such products at the [F.R. Doc. 67-2696; Filed, Mar. 10, 1967; constitutes a reduction, in an amount not price or prices stated. 8:45 a.m.] so insignificant as to be meaningless,

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3974 RULES AND REGULATIONS from the actual bona fide price at which merce, or the transportation or causing ner and form in which they have com­ such merchandise was offered to the to be transported in commerce, or the plied with this order. public on a regular basis by respondents importation into the United States of any By the Commission. for a reasonably substantial period of textile fiber product; or in connection time in the recent regular course of their with the sale, offering for sale, advertis­ Issued: February 17, 1967. business; ing, delivery, transportation, or causing [seal] J oseph W. S hea, 2. Representing, directly or by impli­ to be transported, of any textile fiber Secretary. cation, that any offer is limited in point product which has been advertised or [F.R. Doc. 67-2697; Filed, Mar. 10, 1967; of time or in any manner; Provided, offered for sale in commerce, or in con­ 8:46 a.m.] however, That it shall be a defense in nection with the sale, offering for sale, any enforcement proceeding instituted advertising, delivery, transportation, or hereunder for the respondents to estab­ causing to be transported, after ship­ [Docket No. 8702] lish that any represented limitation or ment in commerce, of any textile fiber restriction was actually imposed and in product whether irv its original state or PART 13— PROHIBITED TRADE good faith adhered to;. contained in other textile fiber products, PRACTICES 3. Using the words “Save,” “Savings,” as the terms “commerce” and “textile “reduced,” or any other word or words of fiber product” are defined in the Textile Empeco Corp. et al. similar import in conjunction with a Fiber Products Identification Act, do stated dollar or percentage amount of forthwith cease and desist from : Subpart—Advertising falsely or mis­ savings: Provided, however, That it shall A. Misbranding textile fiber products leading: § 13.75 Free goods or service. be a defense in any enforcement pro­ by: § 13.155 Prices. 13.155-5 Additional ceeding instituted hereunder for the re­ 1. Falsely or deceptively stamping, charges unmentioned. 13.155-40 Exag­ spondents to establish as a fact that the tagging, labeling, invoicing, advertising, gerated as regular and customary. § 13.- stated dollar or percentage amount of or otherwise identifying such products 260 Terms and conditions. Subpart— savings actually Represents the differ­ as to the name or amount of constituent Misrepresenting oneself and goods— ence between the offering price and the fibers contained therein. Goods: § 13.1625 Free goods or services. actual bona fide price at which such mer­ 2. Failing to affix labels to such textile § 13.1760 Terms and conditions. Mis­ chandise had been sold or offered for fiber products showing each element of representing oneself and goods—Prices: sale on a regular basis to the public by information required to be disclosed by § 13.1778 Additional costs unmentioned. the respondents for a reasonably sub­ section 4(b) of the Textile Fiber Prod­ § 13.1805 Exaggerated as regular and stantial period of time in the recent reg­ ucts Identification Act. customary. Subpart—Neglecting, un­ ular course of their business ; B. Falsely and deceptively advertising fairly or deceptively, to make material 4. Using the words “R e g u la r,“Reg,” textile fiber products by: disclosure: § 13.1880 Old, used, or re­ or any other word or words of similar 1. Making any representations, di­ claimed as unused or new. § 13.1882 import to refer to any amount which is rectly or by implication, as to the fiber Prices. § 13.1905 Terms stnd conditions. in excess of the price at which such content of any textile fiber product in Subpart—Offering unfair, improper and merchandise has been sold or offered for any written advertisement which is used deceptive inducements to purchase or sale in good faith by respondents for to aid, promote, or assist, directly or in­ deal: § 13.2013 Offers deceptively made a reasonably substantial period of time directly, in the sale or offering for sale and evaded. in the recent regular course of their of such textile fiber product, unless the (Sec. 6, 38 Stat. 721; 15 tT.S.C. 46. Interpret business; or otherwise misrepresenting same information required to be shown or apply sec. 5, 38 Stat. 719, as amended, 15 the price at which such merchandise on the stamp, tag, label, or other means U.S.C. 45) [Cease and desist order, The Em­ has been sold or offered for sale by of identification under section 4(b) (1) peco Corp. et al., Washington, D.C., Docket respondents; and (2) of the Textile Fiber Products 8702, Feb. 14,1967] 5. Using the words “Special Package,” Identification Act is contained in the In the Matter of The Empeco Corp., a “Package,” “Combination,” or any other said advertisement, in the manner and Corporation, Doing Business as Em­ word or words of similar import, either form required, except that the percent­ pire Furniture and Appliance Co. and alone or in conjunction with an offering ages of the fibers present in the textile as Empire Home Equipment Co., and price: Provided,, however, that it shall fiber product need not be stated. Allen C. Baverman, Individually and be a defense in any enforcement proceed­ 2. Setting forth information required as an Officer o f Said Corporation ing instituted hereunder for the re­ under section 4(c) of the Textile Fiber spondents to establish that the offering Products Identification Act and the rules Order requiring a Washington, D.C., price of said '“Special Package,” “Pack­ and regulations promulgated thereunder furniture and appliance retailer to cease age,” or “Combination” is a reduction, in abbreviated form. using various deceptive practices to in­ not so insignificant as to be meaningless, 3. Failing to set forth, in disclosing duce its customers to sign sale contracts, from the sum of the actual bona fide the required fiber content information making fictitious value claims, using de­ prices at which the items of the said as to floor coverings containing exempted ceptive offers of “free” merchandise, package or combination were sold sep­ backings, fillings, or paddings, that such failing to disclose interest and other arately by the respondents on a regular disclosure relates only to the face, pile, charges, and offering used articles as new. basis for a reasonably substantial period or outer surface of such textile fiber The order to cease and desist is as of time in the recent regular course of products and not to the exempted back­ follows: their business; ings, fillings, or paddings. It is ordered, That respondents fh e 6. Falsely representing, in any manner, 4. Using a fiber trademark in adver­ Empeco Corp., a corporation, doing busi­ that savings are available to purchasers tisements without a full disclosure of the ness as Empire Furniture and Appliance or prospective purchasers of respondents’ required content information in at least Co. or as Empire Home Equipment Co., merchandise; or misrepresenting in any one instance in the said advertisement. or under any other name, and its officers, manner, the amount of savings available 5. Using a fiber trademark in advertis­ and Allen C. Baverman, individually and to purchasers or prospective purchasers ing textile fiber products containing only as an officer of said corporation, and re­ of respondents’ merchandise at retail. one fiber without such fiber trademark spondents’ agents, representatives, and It is further ordered, That respondents appearing at least once in the advertise­ employees, directly or through any cor­ Custom Carpet Shop of Virginia, a cor­ ment, in immediate proximity and con­ porate or other device, in connection poration, and its officers, and Floyd H. junction with the generic name of the with the advertising, offering for sale, Charsky, individually and as an officer of fiber in plainly legible and conspicuous sale, or distribution of television sets, said corporation, and respondents’ repre­ type. phonographs, household furniture, elec­ sentatives, agents, and employees, di­ It is further ordered, That the respond­ trical appliances, or any other articles of rectly or through any corporate or other ents herein shall, within sixty (60) days merchandise, in commerce, as “com­ device, in connection with the introduc­ after service upon them of this order, merce” is defined in the Federal Trade tion, delivery for introduction, sale, ad­ file with the Commission a report in Commission Act, do forthwith cease and vertising, or offering for sale, in com- writing setting forth in detail the man­ desist from:

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3975

1. Representing, directly or by impli­ such purchaser may at the option of re­ The order to cease and desist, includ­ cation, that respondents sell their mer­ spondents be negotiated or assigned to ing further order requiring report of chandise with “No money down,” or that a finance company or other party to compliance therewith, is as follows: respondents sell their merchandise with­ which the purchaser will be indebted. It is ordered, That respondents Groval out requiring a down payment or trade- 11. Failing or refusing to supply pur­ Knitted Fabrics, Inc., and its officers, and in. chasers of respondents’ merchandise with Fred Alcott, individually and as an offi­ 2. Representing, directly or by impli­ a copy of the executed conditional sale cer of said corporation, and respondents’ cation, that respondents arrange credit contract, promissory note, or other representatives, agents and employees, or installment payments as low as $2 agreement at the time of execution by directly or through any corporate or weekly, or otherwise misrepresenting the the purchaser. other device, in connection with the in­ amount of weekly or monthly credit or 12. Representing, directly or by impli­ troduction, or manufacture for introduc­ installment payments permitted or re­ cation, that used merchandise is new; tion, into commerce, or the offering for quired by respondents. or selling any used merchandise which sale, sale, transportation, distribution, 3. Representing, directly or by impli­ simulates or has the appearance of new delivery for shipment or shipment, in cation, that any amount is the “worth” merchandise without disclosing before commerce, of wool products, as “com­ or the value of merchandise given with consummation of the sale that such merce” and “wool product” are defined or included in the purchase of specified merchandise is used by conspicuously in the Wool Products Labeling Act of merchandise, unless substantial sales of marking “used” on all written sales in­ 1939, do forthwith cease and desist from such merchandise have been made in the struments, including invoices and sales misbranding such products by: recent regular course of business in the contracts. 1. Falsely and deceptively stamping, trade area where such representations tagging, labeling, or otherwise identify­ are made at or in excess of the specified By “Final Order” further order requir­ ing such products as to the character or amount. ing report of compliance is as follows: amount of the constituent fibers con­ 4. Representing, directly or by impli­ It is further ordered, That respondents tained therein. cation, that respondents give free or The Empeco Corp., a corporation, doing 2. Failing to securely affix to, or place without cost, a watch, or any other ar­ business as Empire Furniture and Ap­ on, each such product a stamp, tag, ticle of merchandise, to callers who pliance Co. or as Empire Home Equip­ label, or other means of identification ultimately purchase respondents’ mer­ ment Co., or under any other name, and showing in a clear and conspicuous man­ chandise. Allen C. Baverman, individually and as ner each element of information required 5. Inducing or causing purchasers or an officer of said corporation, shall, to be disclosed by section 4(a) (2) of the prospective purchasers of respondents’ within sixty (60) days after service of Wool Products Labeling Act of 1939. merchandise to sign blank or partially this order upon them, file with the Com­ It is further ordered, That the re­ completed conditional sale contracts, or mission a report in writing, signed by spondents herein shall, within sixty (60) any other contractual instruments. such respondents, setting forth in detail days after service upon them of this 6. Inserting or changing any prices or the manner and form of their compli­ order, file with the Commission a report any other charges in contracts or other ance with the order to cease and desist. in writing setting forth in detail the man­ instruments, unless such prices or other Issued: February 14,1967. ner and form in which they have com­ charges were agreed upon or understood plied with this order. By the Commission. by the purchaser, and unless such inser­ Issued: February 17, 1967. tions or changes were with the written [seal] J oseph W. S hea, permission of the purchaser or were ini­ Secretary. By the Commission. tialed by the purchaser on the changed [F.R. Doc. 67-2698; Filed, Mar. 10, 1967; [seal] J oseph W. S hea, instrument. 8:46 a.m.] Secretary. 7. Inducing or causing purchasers or [F.R. Doc. 67-2699; Filed, Mar. 10, 1967; prospective purchasers of respondents’ 8:46 a.m.] merchandise to execute conditional sale [Docket No. C-1172] contracts, promissory notes, or any other instruments by falsely representing that PART 13— PROHIBITED TRADE such contracts, notes, or other instru­ PRACTICES Title 20— EMPLOYEES’ ments are receipts acknowledging that merchandise has been placed in the pur­ Groval Knitted Fabrics, Inc., and BENEFITS chaser’s home for demonstration or ap­ Fred Alcott proval purposes; or otherwise inducing Chapter II— Railroad Retirement Subpart—Misbranding or mislabeling: or causing purchasers or prospective pur­ Board chasers to execute conditional sale con­ § 13.1185 Composition: 13.1185-90 Wool tracts, promissory notes, or any other Products Labeling Act. § 13.1212 Form al PART 395— PLAN OF OPERATION instruments by misrepresenting the true regulatory and statutory requirements: 13.1212-90 Wool Products Labeling Act. DURING A NATIONAL EMER­ nature or effect of such documents. GENCY 8. Failing or refusing to disclose the Subpart—Neglecting, unfairly or de­ ceptively, to make material disclosure: exact amount of the total purchase price Fiscal Functions of merchandise, including all interest, § 13.1852 Formal regulatory and statu­ credit, or service charges, at the time the tory requirements: 13.1852-80 Wool Pursuant to the general authority con­ contract for the sale of such merchandise Products Labeling Act. tained in section 10 of the act of June 24, is executed by the purchaser or pur­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 1937 (50 Stat. 314, as amended; 45 U.S.C. chasers. or apply sec. 5, 38 Stat. 719, as amended, 228j), and section 12 of the act of secs. 2-5, 54 Stat. 1128-1130; 15 UJS.C. 45, 68) June 25,1938 (52 Stat. 1107, as amended; 9. Inducing or causing a purchaser of [Cease and desist order, Groval Knitted 45 U.S.C. 362), § 395.6(b) (2) and (3) respondents’ merchandise to fabricate Fabrics, Inc., et al., New York, N.Y., Docket of Part 395 of the Regulations under or simulate the signature of an absent C-1172, Feb. 17, 1967] member of the household, or any other such acts are amended by Board Order person, upon a conditional sale contract In the Matter of Groval Knitted Fabrics, 67-29, dated March 1, 1967, as follows: or any other instrument. Inc., a Corporation, and Fred Alcott, § 395.6 -Personnel, fiscal, and service - Individually and as an Officer of the functions. 10. Failing or refusing prior to execu­ Said Corporation tion thereof to disclose orally, and in ***** writing with such conspicuousness and' Consent order requiring a New York (b) Fiscal. * * * clarity as likely to be observed and read City jobber of piece goods which also (2) In a national emergency, incum­ by purchasers and prospective pur­ operates a dyeing and finishing plant in bents of the following positions are chasers, that the conditional sale con­ Manchester, N.H., to cease misrepresent­ hereby authorized to appoint emergency tract and promissory note executed by ing the fiber content of its wool products. certifying officers:

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3976 RULES AND REGULATIONS

Chief Executive Officer. Transportation Officer, MOAMA (MOST), be furnished to supply to record the obli­ Director, Office of Budget and Fiscal Marked for: AFD 2010 FSC 6740, F33601- gation in the computer. Operations. 67-0-1001, Brookley AFB, Ala. 36615. (e) No implementation. Director, Bureau of Retirement Claims. ÿ * * * (f) Description of agreement. When Director, Bureau of Unemployment and Sickness Insurance. the BPA is limited to specific items on a Regional Directors, or price list, include a statement that the PART 1003— PROCUREMENT BY supplier will furnish firm price lists pe­ Deputy Regional Directors. NEGOTIATION * * * * * riodically as required by the contracting officer. (3) In a national emergency, incum­ 2. In § 1003.215-51, paragraphs 2 and bents of the following positions are 4 of the clause are revised; § 1003.250 is § 1003.605—7 Review procedures. designated as emergency cashiers and deleted; §§ 1003.605-3, 1003.605-7, and are authorized to receive and disburse 1003.605-8 are added; in § 1003.607-2, The contracting officer or his desig­ cash for emergency administrative needs paragraph (a) (1) (iv) is revised and nated representative will review the of the Board: paragraph (c) (2) (vii) is deleted; in BPA files at least semiannually to assure § 1003.607-4, paragraph (f) is deleted; that authorized procedures are being Cashiers Alternates followed and that calls are placed ac­ Chairman of the Director, Bureau of Re­ § 1003.608-2 is deleted; Subpart H is re­ Board. tirement Claims. vised; and Subpart T is deleted. These cording to the terms of the BPA and Director, Bureau of Un­ sections now read as follows: applicable price lists. employment and Sick­ § 1003.605—8 Prepriced BPA’s. ness Insurance. Subpart B— Circumstances Management Labor Member of the Permitting Negotiation Responsibility for the function of Member of the Board. . placing calls against BPA’s rests with Board. Director, Office of Budg­ § 1003.215—51 Format. * * * * * the procurement office. Nevertheless, et and Fiscal Opera­ decentralization of this function is per­ tions. D epa r tm en t o f t h e Air F orce C h ief Executive None. mitted with certain requiting activities Officer. INDIVIDUAL DETERMINATIONS AND FINDINGS when prepriced BPA’s are used. Indi­ R e g io n a l Direc­ Authority To Negotiate Contract viduals assigned to the commissary, hos­ tor: * * * * * pital, service academy cadet stores, re­ A tlan ta______Deputy Regional Direc­ search laboratories, or isolated off-base tor. 2. I hereby find that the proposed pro­ activities, only, may be authorized to New York______Do. curement was solicited by advertising under Cleveland_____ Do. Invitation for Bid F17600—67—B—1001, Au­ place calls against prepriced BPA’s un­ Chicago______Do. gust 1, 1967. The only bid received offered der the following conditions: Dallas ______Do. a lump price of $268,660 for basic bid and (a) The contracting officer will estab­ Kansas City____ Do. $244,660 for alternate bid, which were con­ lish firm unit prices by negotiating prices San Francisco__ Do. siderably higher than the estimated project or price lists for specific periods of time District Manager: price. This difference is considered- ex­ from each BPA holder. Where multi­ Seattle______Occupant of Position cessive as it exceeds the highest project esti­ ple BPA’s are utilized for the same items, No.7751-26. mated price by over $100,000. the contracting officer will determine * * * * * * * * * * whether prices are fair and reasonable Dated: March , 1967. 4. Upon the basis of the determinations and notify the requiring activity of the and findings above, I hereby authorize the items to be ordered from each BPA By Authority of the Board. negotiation of a contract for this procure­ holder. Price lists will be obtained in ment pursuant to 10 U.S.C. 2304(a) (15), L awrence G arland, provided that prior notice of intention to duplicate, the original retained in the Secretary o f the Board. negotiate, and a reasonable opportunity to original BPA file and the duplicate for­ [FR . Doc. 67-2715; Filed, Mar. 10, 1967; negotiate, be given to each responsible bid­ warded to the activity designated to place 8:48 a.m.] der who submitted a bid in response to the calls. The duplicate will identify the invitation for bids, the negotiated prices be items to be purchased from the price lower than the lowest rejected bids of a re­ list by means of check marks circling sponsible bidder, as determined above, and item numbers, or ruling out inapplicable the negotiated prices be the lowest negoti­ items. It will also be stamped or mark­ Title 32— NATIONAL DEFENSE ated prices offered by a responsible contractor. ed “Approved” and signed by the con­ Chapter VII— Department of the Air tracting officer. When the items re­ Force § 1003.250 Citation of law. [Deleted] quired are only available from a sole Subpart F— Small Purchases source, a sole source justification by the SUBCHAPTER W— AIR FORCE PROCUREMENT contracting officer will be placed in the INSTRUCTIONS § 1003.605—3 Establishment of blanket BPA file to justify all calls made in MISCELLANEOUS AMENDMENTS TO purchase agreements. excSss of $250. SUBCHAPTER (a) through (c) No implementation. (b) The requiring activity will place (d) Accounting data. The account­calls only against the approved price Subchapter W of Chapter VII of Title ing and finance office will be furnished lists. If it becomes necessary to order 32 of the Code of Federal Regulations is information on obligation of funds by items from other than those items pre­ amended as follows: one of the following methods: viously cleared on' the approved price PART 1001— GENERAL PROVISIONS (1) A copy of AFPI Form 3F, Blan­ list because of delivery or other reasons, ket Purchase Agreement Call Register, the call will be approved verbally by the 1. In § 1001.1306, paragraph (c) is re­ or mechanically prepared registers show­ contracting officer and the requiring ac­ vised to read as follows: ing the totals of the appropriations obli­ tivity will document the call file to justify Subpart M— Transportation gated and signed by the contracting this action. Requiring activities will not officer will be furnished at the end of negotiate or solicit prices. Requests for § 1001.1306 Consignment and marking each month. items not on a price list will be submitted instructions. (2) Where the procurement office uses to the contracting officer for separate * * * * ‘ * DD Form 250, DD Form 1155, or informal procurement action or addition of the (c) The contract, purchase order, orcorrespondence as a call document a item to the price list. Records of calls delivery order number will be made a copy of the document may be signed by will be maintained as required by the part of each shipping address as shown the contracting officer and furnished contracting officer for control of funds in the sample below. This will expedite daily or periodically during the month. and procurement reports. Any problems identification of shipments received by (3) When DD Form 1348-1 is used as with BPA holders will be referred to the a consignee: a record of the call, sufficient copies will contracting officer for necessary action.

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3977

§ 1003.607—2 Establishment of imprest given to local activity commander’s rect material costs. Reasonable and al­ funds. action to resolve the problem. locable material handling costs may be (a)(1) * * * (h) Information required by § 3.807- included in the charge for direct mate­ (iv) Research laboratories or highly6(b) of this title. rials at cost to the extent they are clearly technical functions subject to prior (i) Information required by § 3.807- excluded from the fixed price for serv­ written approval of the major command 6(c) of this title. ices and indirect materials. (See of the host base. (j) Information required by § 3.807- § 1007.4503-3 (b) (1) of this subchapter 6(d) of this title. for contract clause and § 15.205-22 (e) ***** (k) Summary statement as to the na­ of this title for discussion of pricing in­ (c) * * * ture of approval action being requested. tercompany sales or transfers of mate­ (2) * * * § 1003.850 Special pricing instructions. rials.) (vii) [Deleted] (b) In sole source procurements and * * * * * § 1003.850—2 .Prenegotiation confer­ procurements where manufacturer of ences and briefings. § 1003.607—4 Procedures. item being repaired is quoting in compe­ ***** (a) When, in any procurement cycle, tition with contractors who must procure a meeting is held with the contractor to parts from the manufacturer to perform, (f) [Deleted] reach agreement upon terms and condi­ exception to procedure outlined in para­ § 1003.608—2 Order for supplies or serv­ tions of a proposed contract or upon graph (a) of this section is appropriate ices (DD Forms 1155, 1155r, 1155c, adjusted price on an existing contract, if review and negotiation reveals that 1155c—1, and 1155s). [Deleted] meeting will be preceded by a prenegoti­ compliance would prohibit an award at Subpart H— Price Negotiation Policies and ation conference of Government’s nego­ lowest overall price to Government, all Techniques tiating team. Purpose of this meeting factors considered. Under these con­ will be to: (1) Discuss proposal in detail ditions only, it may be agreed in advance Sec. to achieve full understanding, (2) to. 1003.807-6 Refusal to provide cost or pric­ to reimburse contractor at a later date ing data. express opinions and discuss problems for costs and, in addition, for profit con­ 1003.850 Special pricing instructions. that have developed during review and siderations applicable to furnishing di­ 1003.850- 2 Prenegotiation conferences and analysis of proposal, and (3) to deter­ rect materials and parts. However, in briefings. mine unified negotiation objectives and multiple source situation described, all 1003.850- 3 P r i c i n g of fixed-price type a course of action to be followed during sources must first be given an opportu­ maintenance, overhaul, and conference with contractor. nity to requote on revised basis. When­ modification contracts. (b) Those to whom the authority to ever such prospective agreement is 1003.850- 4 Savings clauses. manually approve contracts has been reached, the contract must reflect the Au th o r ity : The provisions of this Sub­ delegated (§ 1001.455 of this subchapter) intent of both parties. part H issued under sec. 8012, 70A Stat. 488, by. the Director of Procurement and Pro­ (c) Paragraph (a) of this section does secs. 2301-2314, 70A Stat. 127-133; 10 Ü.S.C. duction, Hq AFLC, or the Deputy Chief 8012, 2301-2314. not apply to contract changes authoriz­ of Staff, Procurement and Production, ing the contractor to procure or fabricate Subpart H— Price Negotiation Hq AFSC, will establish a system for direct materials or parts that were pre­ briefings by AF negotiating team after Policies and Techniques viously designated as Government-fur­ negotiation objectives have been firmed nished. Such a change increases con­ § 1003.807—6 Refusal to provide cost or but before conclusion of negotiation tract scope originally contemplated pricing data. conference. and payment of additional profit is (c) Although the basic requirement appropriate. When the situation described in Sub­ for prenegotiation reviews is established chapter A, Chapter I of this title applies within paragraph (b) ”of this section, de­ § 1003.850—4 Savings clauses. and the contracting officer and the com­ tailed procedures will be determined lo­ Contractual savings clauses identify mander of the local activity have ex­ cally. Briefings are considered appro­ specific cost elements not considered in hausted all means available to them to priate in the following situations: negotiating price or estimated cost, but secure the required data, the case will be (l) A new contract follows contract(s) which may be recognized at some future referred to AFSC (SCKPF) or AFLC where contractor’s performance has been date. Subsequent recoupment will be (MCPPP), as appropriate. Referral will unsatisfactory. limited to costs only and all savings include the following information in the (2) A new procurement substantially clauses will include a statement to this sequence listed. increases a contractor’s annual sales and effect. (a) Contract, RFP or Purchase Re­ production volume. quest No., including Supplemental (3) Costs have increased susbtantially Subpart T— Repricing of Fixed-Price Agreement No., if applicable. beyond those originally estimated. Contracts Providing for Price De­ (b) A concise description of supplies (4) Items procured have performed termination or Incentive Revision of or services being procured. poorly and required modification and Price, and Reporting of Cost and (c) Any outside influences and the retrofit. Price Data [Deleted] time pressures affecting the procure­ (5) Performance indicates justifica­ ment. tion for additional or reduced profit. (d) Complete name and location of (6) The procurement obligates a sig­ PART 1004— SPECIAL TYPES AND the company. nificant portion of the organization’s METHODS OF PROCUREMENT (e) Complete description of the data budget. (§3.807-3 of this title) the contractor § 1003.850—3 Pricing of fixed-price type 3. Subpart A is deleted; in § 1004.302- refuses to submit. 50, the material in subparagraph (3) of (f) List of previous procurements in­ maintenance, overhaul, and modifica­ tion contracts. paragraph (b) is deleted; and § 1104.2103 cluding contractor, contract No., quan­ is revised as follows: tities, performance dates, and basis of (a) In those maintenance, overhaul, award for each. and modification contracts where serv­ Subpart A— Procurement of (g) Information required by § 3.807- ices and indirect materials are procured Construction [Deleted] 6(a) of this title. This will include the on a fixed-price basis and it is agreed that names and titles of the contractor per­ contractor will furnish, as needed, cer­ Subpart C— Contracts for Preparation sonnel contacted and the Government tain direct materials and parts on a cost- of Household Goods for Shipment, personnel making the contact. This reimbursement basis, profit considera­ Government Storage and Related will also include an explanation of the tion in the fixed price portion will rep­ Services company’s position; i.e., basis for refusal resent reasonable reward for the total to funiish cost or pricing data, and the contract effort. Subsequent reimburse­ § 1004.302—50 BDO procedure. submission of pertinent company corre­ ment for contractor-furnished direct * * * * * spondence. Special attention should be materials or parts will be limited to di­ (b) * * *

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 No. 48—— 3 3978 RULES AND REGULATIONS

(3) [Deleted] tract, the Contractor shall immediately no­ PART 1013— GOVERNMENT * * * * * tify the Contracting Officer. The Government shall not be bound to accept any new regu­ PROPERTY Subpart U— DOD Non Temporary lation inconsistent with Federal laws or reg­ 5. In § 1013.2103-4, the notation in para­ Storage Contracts ulations. graph (b) (4) is changed to read as follows: * * * * * § 1004.2103 Switching or trackage Subpart U— Adjustment of Discrepan­ agreements and delivery orders for § 1007.3706—4 Application of most fa­ packing and crating services. vorable rates. cies Incident to the Shipment of (O ctober 1960) Government Property The warrant of the contracting officer located in the transportation office pur­ (a) The Contractof hereby declares that§ 1013.2103-4 Reply to AF Form 672. suant to § 1004.2102(a) may include au­ the rates applicable to the service furnished under this contract are not in excess of the * * * * * thority to: (a) Execute switching agree­ lowest rates available to any prospective cus­ ments according to paragraph 102011C (fo) * * * tomer under similar conditions of the same (4) * * * and appendix IX , AFM 75-2, and (b) classification and agrees that during the life place calls and execute delivery orders of this contract the Government shall con­ Shipped f o r ______:______on DD Form 1155 for packing and crating tinue to be billed atrthe lowest available rate (Repair, rework, modification, services against existing requirements for similar conditions of service. replacement, etc.) contracts. * # * * * at no cost to the Government. Rejection No. F33600—67—C-OOOl—Rl. Subpart NN— Special Clauses * * * * * PART 1007— CONTRACT CLAUSES § 1007.4015 Dimensional co n tro l re­ quirements for equipment. 4. Section 1007.3706 is revised; in PART 1016— PROCUREMENT FORMS § 1007.3706-3, the clause in paragraph Any fixed price contract which calls (a) is revised; in § 1007.3706-4, para­ for delivery of supplies may include the Subpart B— Forms for Negotiated graph (a) of the clause is revised; following clause. Procurement §§ 1007.4015 and 1007.4016 are revised; Dim en sio n a l Control R equirements for § 1007.4021 is deleted; and in § 1007.4048, E q u ipm en t (D ecem ber 1966) § 1016.202 [Amended] paragraph (d) of the clause in paragraph The Contractor in the dimensional control 6. In § 1016.202, the parenthetical (a) is revised. These sections now read of the articles to be inspected under this as follows; reference in the last line is changed to contract is required to use any jigs, fixtures read “(13 CFR 121.3-8).” Subpart KK— Clauses and Arrange­ and other positioning devices and appliances such as numerically controlled manufactur­ 7. A new paragraph (c) is added to ments for Negotiated Utility Service ing or inspection equipment which are essen­ § 1016.207-50, and § 1016.207-56 is re­ Contracts tial for the fabrication and inspection of the vised to read as follows: articles. Such jigs, fixtures or other devices § 1007.3706 Required clauses and ar­ may be of a temporary nature for experi­ § 1016.207—50 P ric e redetermination rangements; contracts for more than mental type articles but shall be adequate forms (AFPI Forms 4A and 4B).

$2,400. to maintain the dimensions called for in the * * * * * applicable drawing and for the quantity The following clauses and provisions specified. (c) AFPI Form 4C, “Report of Incen­ will be inserted in all negotiated utility § 1007.4016 Approved airfields. tive Contracts Workload and Delinquent service contracts which involve a con­ Incentive Contracts.” nection charge, termination charge, or In fixed-price contracts for aircraft are for an estimated annual cost of more requiring flyaway, the following clause § 1016.207—56 Request for price anal­ than $2,400, or both. In addition to the may be included. ysis (AFPI Form 4 ). requirements for approval in § 1001.455 Approved Air fie ld s (D ecem ber 1966) AFPI Form 4 may be used in sub­ of this subchapter, utility service con­ mitting requests for specialized cost as­ tracts for a period “extending beyond the Unless otherwise provided herein, any air­ sistance (see § 3.801-2 of this title). current fiscal year” submitted for ap­ field or fields [or heliports] to be used by the contractor or the Government for flight ac­ proval as specified in § 1001.461 of this ceptance of aircraft in accordance with the subchapter. See AFR 91-5 (Utility provisions of this contract must meet mini­ PART 1054— CONTRACT Services) for administrative procedures mum standards which will insure the safe ADMINISTRATION for review of utility service contracts. operation of the aircraft in accordance with the applicable flight manual and must be § 1007.3706—3 Rates for service. 8. In § 1054.3004, paragraph (a) (3) approved in writing by the Government. (iii) is revised to read as follows: (a) * * * § 1007.4021 Production sam p le test. Subpart DD— Administration of Base R a tes for S ervice (O ctober 1960) [Deleted] Procurement Contracts Rates established under this contract shall § 1007.4048 Safety precautions for all be subject to regulation in the manner and types of dangerous materials. § 1054.3004 C o n tra ct administration to the extent prescribed by law by any Fed­ procedures. eral, State, or local regulatory agency having (a) * * * jurisdiction. The Contractor agrees to give S afety P recaution s fo r D angerous M ate­ (a) * * * the Contracting Officer written notice of the ria ls (Novem ber 1964) (3) * * * filing of an application for rate changes con­ currently with the filing of the application. ***** (iii) Action against habitual delin­ Such notice shall fully describe proposed rate (d) Insofar as applicable to contract or quent contractors involving other supply change. If during the term of this contract subcontract work or services hereunder, re­ contracts and delivery orders will be es­ the public regulatory agency having juris­ quirements of the following exhibits are hereby invoked: MIL-STDs 129D, to the ex­ sentially as outlined in subdivision (ii) diction approves rates that are higher or of this subparagraph to establish con­ rates that are lower than those stipulated tent called out by MIL-Ix-9931, 130B to the herein, for customers with similar conditions extent called out by MIL-L-9931, 444 and clusive evidence of habitual delinquency of service or of the same service classifica­ 709; MIL—STD-1167, MIL-STD-1168, and and then consideration will be given to tion, the Contractor agrees to continue to MIL-L-9931; AF to 11A-1-47; ICO- Regula­ possible debarment action pursuant to furnish service as stipulated in this contract tions T. C. George’s Tariff No. 19; Freund’s § 1.604 of this title and § 1001.604 of this and the Government agrees to pay for such Tariff No. 12, Motor Carrier Explosives and subchapter. Dangerous Articles Tariff; Restricted Arti­ service at the higher or lower rates from ***** after the date when such rates are made ef­ cles Tariff No. 6D (including ATB No. 37 and fective. In the event that the regulatory CAB No. 82); U.S. Coast Guard Regulations (Sec. 8012, 70A Stat. 488, secs. 2301-2314, agency promulgates any regulation concern­ and Federal Aviation Agency Regulations. 70A Stat. 127-133; 10 U.S.C. 8012, 2301-2314) ing other than rates which affect this con­ ***** [AFPI Revision No. 73, Dec. 29, 1966]

FEDERAI REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3979

By order of the Secretary of the Air (4) “Semester,” a division of the ordi­ log or bulletin in lieu of a listing by name Force. nary school year, usually a period from as required in paragraph (a) (4) of this L ucian M. F erguson, 15 to 19 weeks long. section. . Colonel, U.S. Air Force, Chief, (5) “Summer quarter,” (term or ses­ 8. In § 21.4260(b), subparagraph (1) Special Activities Group, Of­ sion) , the whole of the summer period of is amended to read as follows: fice of The Judge Advocate instruction specified for the course in General. ~ which the veteran or eligible person is § 21.4260 Courses in foreign countries. [F.R. Doc. 67-2687; Filed, Mar. 10, 1967; enrolled, without regard to any divisions * * * * * ■ 8:45 a.m.] of such a period which may be made by (b) Chapter 35. * * * the institution for administrative or (1) The subjects to be taken at the other purposes. foreign school are an integral part of 4. In § 21.4233(b), subparagraphs (1) and fully creditable toward the satis­ Title 38— PENSIONS, BONUSES, and (2) are amended to read as follows: factory completion of an approved course in which the eligible person is enrolled § 21.4233 Combination. in an institution of higher learning AND VETERANS’ RELIEF * * * * * (hereafter in this paragraph referred to Chapter I— Veterans Administration (b) Concurrent enrollment. * * * as his principal school) which is located (1) Where the standards for measure­ in a State or in the Republic of the Phil­ PART 21— VOCATIONAL REHABILI­ ment of the course pursued concurrently ippines. TATION AND EDUCATION in the two schools are different, the ex­ * * * * * tent of the course will be determined by (72 Stat. 1114; 38 UJS.C. 210) Educational Assistance converting the. measurement of courses These VA regulations are effective the in the second school to its equivalent in date of approval. 1. In § 21.3032(a), subparagraph (3) value to the measurement required for is amended to read as follows: full-time courses in the primary institu­ Approved: March 6,1967. § 21.3032 Time limits. tion; e.g., school courses on a clock-hour By direction of the Administrator. (a) Completion of claim. * * * basis converted to its equivalent in value to semester hours of credit will be 0.56 [seal] Cyril F. B rickfield, (3) Reopening. Where an application Deputy Administrator. has been considered abandoned under semester credits (14-h25) or 0.46 semes­ ter credits (14---30), as applicable, for [F.R. Doc. 67-2705; Filed, Mar. 10, 1967; subparagraph (2) of this paragraph, any 8:47 a.m.] subsequent communication from the each clock hour of attendance. parent, guardian or eligible person re­ (2) Periodic certifications of training will be required from the veteran and questing a program of education will be each of the schools where concurrent considered a new application. The date enrollment is approved in a course which Title 41— PUBLIC CONTRACTS of receipt of such later communication does not lead to a standard college degree will be considered the date of application. (see §§ 21.4203 and 21.4204). Educational assistance or special restora­ AND PROPERTY MANAGEMENT * * * * * tive training allowance may not be paid, Chapter 9— Atomic Energy however, for any period prior to the date 5. In § 21.4252, paragraph (a) is Commission the eligible person reports for counsel­ amended to read as follows: ing. § 2 1 .4 2 5 2 Courses precluded. PART 9-4— SPECIAL TYPES AND * * * * * METHODS OF PROCUREMENT 2. In § 21.4135, paragraph (n) is (a) Bartending, dancing, and person­ amended and paragraph (u) is added to ality development. Enrollment will not Contracts and Subcontracts Utilizing read as follows: be approved in any bartending, dancing, Enriched Uranium (Nonsection 53) or personality development course. The § 21.4135 Discontinuance dates. prohibition against approval of a dancing 1. Section 9-4.000-50, Policy, AEC con­ tractors, is revised to read as follows: * * "* * * course is applicable to ballroom dancing and other avocational or recreational § 9—4.000—50 Policy, AEC contractors. (n) Active duty (§§ 21.4136(c) and courses. It does not, however, preclude 21.3042). Day before entrance on active The following portions of this part approval of a dancing course which is constitute specific provisions which the duty. (Does not apply to brief periods pursued in connection with and is a of active duty for training if school per­ contracting officer shall bring to the minor part of a physical education or attention of AEC contractors, where ap­ mits such absence without interruption dramatic arts program in an institution of training; however, where course does of higher learning. plicable, for appropriate action. not lead to standard college degree, the ***** Section or absence must be reported as required by 6. In § 21.4253(f), the introductory subpart Subject § 21.4205.) portion immediately preceding subpara­ AECPR: * * * * * graph (1) is amended to read as follows: 9-4.5008--. “Representation” for use in subcontracts and purchase (uj Except as otherwise provided. On § 21.4253 Accredited courses. orders and prime contractor basis of facts found. * * * * * holding statutory indemnity agreement. 3. In § 21.4200, paragraph (b) is (f) Business schools. Any business 9-4.54____ Contracts and Subcontracts amended to read as follows: course in a 1- or 2-year business school Utilizing Enriched Uranium § 21.4200 Definition. approved by the State approving agency (nonsection 53). will be accepted as an accredited course ***** when all of the following conditions are 2. The following subpart is added: (b) Divisions of the school year. (1) met: Subpart 9—4.54— Contracts and Subcontracts “Ordinary school year,” a period of 2 ***** Utilizing Enriched Uranium (Nonsection 53) semesters or 3 quarters which is not less 7. In § 21.4258, paragraph (b) is added Sec. than 30 nor more than 39 weeks in total to read as follows: 9-4.5400 Scope of subpart. length. 9-4.5401 Use of supply agreement. (2) “Term,” any regularly established § 21.4258 Notice of approval. 9—4.5402 Contract article covering enriched division of the ordinary school year un­ * * * * * uranium. der which the school operates. 9-4.5403 Invitations for bids and requests (b) For institutions of higher learn­ for proposals. (3) “Quarter,” a division of,the ordi­ ing, the letter of approval may identify 9-4.5404 Contracts and subcontracts for nary school year, usually a period from approved courses and subjects by refer­ fabrication, conversion, and 10 to 13 weeks long. ence to page numbers in the school cata­ scrap recovery.

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3980 RULES AND REGULATIONS

Au th o r it y : The provisions of this Subpart damages resulting from the contractor’s fail­ price contract or fixed-price subcontract 9-4.54 issued under sec. 161, Atomic Energy ure or inability to obtain such material; or involving enriched uranium to be fur­ Act of 1954, as amended, 68 Stat. 948,42 U.S.C. resulting from cancellation of said Supply nished under the Supply Agreement re­ 2201; sec. 205, Federal Property and Admin­ Agreement. If enriched uranium required ferred to in § 9-4.5401 shall contain as istrative Services Act of 1949, as amended, 63 in the performance of this contract is fur­ Stat. 390, 40 UB.C. 486. nished by the Commission under the Supply a term or condition of such invitation Agreement, and if the term of such Supply to bid or request for proposals the fol­ Subpart 9—4.54— Contracts and Sub­ Agreement would otherwise expire during lowing paragraph: contracts Utilizing Enriched Ura­ the period of performance of this contract, the Commission may extend the term of the Bidders (proposers) shall be responsible nium (Nonsection 53) Supply Agreement to permit use of such for obtaining under the terms and conditions § 9—4.5400 Scope of subpart. material for completion of performance of of a standard supply agreement administered work under this contract, or will make other by AEC Oak Ridge Operations Office, en­ This subpart sets forth the policies arrangements to furnish such material pur­ riched uranium necessary for the perform­ and procedures of the Atomic Energy suant to this contract. ance of any resulting contract (or subcon­ Commission for furnishing enriched (c) Nothing herein shall require the con­ tract). The supply agreement requires the tractor to assume lease responsibility for payment of a use charge for the enriched uranium under a supply agreement for uranium subject to the agreement. How­ use under AEC fixed-price contracts or any special nuclear material which is other­ wise subject to and covered by a Supply ever, A rticle___ of the proposed contract, subcontracts in any tier (when the con­ Agreement. attached hereto, provides for the issuance tractor or subcontractor is licensed by (d) The Contracting Officer will furnish by the contracting officers of a use charge AEC to possess and use the enriched to the contractor and/or subcontractors, credit applicable to work under the proposed uranium), which call for the production upon compliance with (e) (1) below, credit contract. Bids (proposals) shall separately of enriched uranium products, including memoranda equal to the total amount of state, based on the quantity of material and fabrication and conversion, for Govern­ use charge credits provided for in this con­ the time (including the time necessary for ment use. This subpart also sets forth tract, which, subject to the conditions here­ recovery of scrap) required for the perform­ inafter provided, may be utilized in payment ance of the contract (or subcontract): (1) policies limiting the use of cost-type con­ of use charges due or which may become due The total dollar amount of use charge credit, tracts and subcontracts (where all for special nuclear material pursuant to a such total to include all use charge credits, higher-tier arrangements are cost-type) Supply Agreement. if any, to lower-tier subcontractors; and (2) for such purposes, as well as for scrap (e) The conditions applicable to the is­ the total dollar amount of cash bid (quota­ recovery services. suance and redemption of use charge credit tion) price (the difference between the total memoranda are: bid and the total dollar amount of use § 9—4.5401 Use of supply agreement. (1) The contractor shall submit appli­ charge credit) to be paid to the contractor (a) Enriched uranium (nonsection 53) cations for all use charge credits for the (subcontractor). Bids (proposals) will be shall be furnished under AEC fixed-price performance of work under this contract, evaluated on the basis of the total sum of and each such application shall specify the the total dollar amount of use charge credit prime contracts and fixed-price subcon­ Supply Agreement, number, to which the (including all use charge credits to lower- tracts subject to this subpart only pursu­ credit is to be issued. The contractor shall tier subcontractors) specified by the bidder ant to a supply agreement in the form certify in each such application that it per­ (proposer) and the cash bid (quotation) set forth in AECPR 9-16.5002-15. Such tains to work under this contract and is true price. In addition to any other right of agreement shall be executed and admin­ and correct to the best of his knowledge and rejection of bids (proposals) provided for istered by the AEC Oak Ridge Operations belief. If such credit or a portion thereof is herein, the Government (contractor) specifi­ to be issued to a subcontractor under this cally reserves the right to reject any bid Office, Post Office Box E, Oak Ridge, (proposal) if, in the judgment of the con­ Term. 37830. contract, the contractor shall specify in his application the amount of such credit and tracting officer (representative of the con­ (b) Any exception to the financial re­ the Supply Agreement number and sub­ tractor), the total bid (proposal) is excessive sponsibility of contractors and subcon­ contractor to which the credit is to be issued. or the amount of the use charge credit speci­ tractors for Government-furnished en­ (2) Except as provided in this paragraph, fied is either unreasonably high or low in riched uranium provided for in the credit memoranda will be issued upon com­ relation to the quantity of enriched uranium standard contract article in AECPR pletion of the contract work. Where the required and the time required for perform­ 9-4.5402 and in the supply agreement in contract Includes a partial or progress pay­ ance of the proposed contract. AECPR 9-16.5002-15 shall be made only ments clause, a credit memorandum will be given, if proper application is made, for use § 9—4.5404 Contracts and subcontracts with the approval of the Director, Divi­ charges incurred with respect to material for fabrication, conversion, and scrap sion of Contracts, Headquarters. used under this contract for the period recovery. § 9—4.5402 Contract article covering en­ covered by such partial or progress payment. riched uranium. Where billings are made for use charges on (a) Contracts and subcontracts for material used in the performance of work fabrication of end items using enriched Fixed-price contracts and fixed-price under this contract prior to completion of subcontracts involving enriched uranium the contract or before partial or progress uranium generally shall be of the fixed- to be furnished to the contractor or sub­ payments are due, a credit memorandum for price type. Cost-type contracts or sub­ contractor pursuant to the supply agree­ the amount of use charge incurred with contracts for fabrication shall be used ment referred to in § 9-4.5401 shall in­ respect to material used under this con­ only with the approval of the Manager tract will be given if proper application is clude an article substantially as follows: made. of the Field Office, and this approval S tandard Contract Artic le Covering S p e ­ (3) The amount of use charge credit pro­ authority shall not be redelegated. cial Nuclear Material (E n rich ed U r a n iu m ) vided for in this contract will be adjusted to (b) Contracts and subcontracts for reflect any changes in the Commission’s (a) Except as otherwise agreed, all en­ published base charges and use charge rates conversion or scrap recovery of enriched riched uranium used in the performance of for enriched uranium during the perform­ uranium shall be of the fixed-price this contract shall be material owned by the ance of this contract. AEC which is obtained under a standard AEC type except as otherwise approved by Supply Agreement for nonsection 53 Ma­ (4) The credit memoranda provided for in the Director, Division of Contracts, terial (hereinafter referred to as the “Supply this article may be used only by the person Agreement”) . to whom issued in payment of use charges Headquarters. (b) The contractor shall be responsible due from such person under a Supply Agree­ ment. It is expressly understood and agreed Effective date. These regulations are for obtaining the special nuclear material effective upon publication in the F ed­ (enriched uranium) required in the per­ that such credit memoranda are not ne­ eral R egister. formance of this contract, including making gotiable; may not be transferred to or- uti­ arrangements for and/or execution of a lized by any other person; and are not re­ Dated at Germantown, Md., this 6th deemable in cash. They may not be used in Supply Agreement to enable the contractor day of March 1967. a: d all subcontractors to order and possess payment of any charges due under any other enriched uranium for the purposes of this agreement for special nuclear material; nor For the U.S. Atomic Energy Commis­ contract. Except as otherwise provided in in payment of any other obligation to the sion. Government. this contract, the terms and conditions of J oseph L. S m ith, the Supply Agreement shall govern with re­ § 9—4.5403 Invitations for bids and re­ Director, spect to all special nuclear material utilized, quests for proposals. or to be utilized, in the performance of this Division of Contracts. contract. The Government shall not be Invitations for bids or requests for [F.R. Doc. 67-2685; Filed, Mar. 10, 1967; responsible for any delays or liable for any proposals which will result in a fixed- 8:45 a.m.] FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3981

PART 9-16— PROCUREMENT FORMS or participate in the implementing of this drawal services related thereto, for use under Agreement pursuant to their employment and in the performance of fixed-price prime Subpart 9-16.50— Contract Outlines or their contracts with the Commission. contracts with the Commission including (i) The term “source material” means (1) subcontracts (and purchase orders) in any Outline of Agreement for S upply of uranium, thorium, or any other material tier thereunder, and fixed-price subcontracts E nriched Uranium (Nonsection 53 which is determined by the Commission (and purchase orders) in any tier under Com­ Material) pursuant to the provisions of section 61 of mission cost-type prime contracts, for ulti­ the Act to be source material; or (2) ores mate delivery of enriched uranium products The following contract outline is containing one or more of .the foregoing for Government use (including the Commis­ ,a d d e d : materials, in such concentration as the Com­ sion or other Government agencies and by mission may by regulation determine from their contractors and subcontractors in any § 9 —16.5002—15 Outline of agreement time to time. tier); but does not cover any material dis­ for supply of enriched uranium (j) The term “special nuclear material” tributed to the Company or others pursuant (nonsection 53 material). means (1) plutonium, uranium 233, uranium to section 53 of the Act. For the purpose of Enriched Uranium enriched in the isotope 233 or in the isotope this Agreement, “prime contracts with the Supply Agreement No.______235, and any other material which the Com­ Commission” shall be deemed to include con­ This supply agreement (hereinafter re­ mission, pursuant to the provisions of sec­ tracts entered into by the National Aero­ ferred to as the “Agreement”), entered into tion 51 of the Act, determines to be special nautics and Space Agency (NASA) pur­ th is_____ day o f ______a___ _ 19__, by and nuclear material, but does not include source suant to a joint AEC-NASA program, and between the United States of America (here­ material; or (2) any material artificially en­ “subcontracts” shall include subcontractual inafter called the “Government”), acting riched by any of the foregoing, but does not arrangements of any tier. Material furnished through the United States Atomic Energy include source material. This term includes under this Agreement shall include material Commission (hereinafter called the “Com­ “enriched uranium” as such term is used obtained directly from a Commission facility mission”), a n d ______herein, and unless the context otherwise or from any other person as approved by indicates, the term “material” refers to en­ the Commission as provided herein. Noth­ (hereinafter called the “Company”); riched uranium. ing herein shall be deemed to prevent Witnesseth That: (k) The term "value” means the dollar Company from shipping material covered by Whereas, the parties hereto desire to es­ amount determined by multiplying the ap­ this Agreement to any person duly author­ tablish the terms and conditions applicable plicable base charge by the number of units, ized by the Commission to possess and use to the transfer and supply by the Commis­ or fractions thereof, of material involved, such material. Company may be relieved sion of enriched uranium intended for use whether or not such material is in standard of its obligations under this Agreement for in processing or fabricating enriched ura­ form and/or specification: Provided, That such material, however, only by compliance nium products for the performance of Com­ where normal or depleted uranium is in­ with the terms of this Agreement. Material volved, the applicable unit price as de­ received by Company from another person mission contracts or subcontracts in any tier; shall be subject to the provisions of this and termined in accordance with the established Whereas, this Agreement is authorized by Commission pricing policy then in effect Agreement only-if such material is furnished shall be used in lieu of applicable base pursuant to an order accepted by the Com­ and executed under the Atomic Energy Act mission as provided in paragraphs (b) and of 1954, as amended; charge as defined herein. (l) The term “established Commission (c) below. Now, therefore, the parties hereto do mu­ (b) Company shall order material pursu­ tually agree as follows : pricing policy” means any applicable price or charge in effect at the time any partic­ ant to this Agreement through the execu­ Artic le 1— D e f in it io n s ular transaction under this Agreement takes tion and submission to the Commission of place (i) published by the Commission in an order form prescribed by the Commission As used in this Agreement: for such material. (a) The term “Act” means the Atomic the F ederal R eg ister for material subject Energy Act of 1954, as amended. to this Agreement, or in the absence thereof, (c) Acceptance of Company’s order for (b) The terms “Atomic Energy Commis­ for the same material distributed pursuant material by or on behalf of the Commission sion,” “Commission,” or “AEC” mean the to. section 53 of the Act, or (ii) in the ab­ shall constitute the Commission’s commit­ U.S. Atomic Energy Commission or any duly sence of such- a published figure, determined ment to supply the material specified in authorized representative thereof, including in accordance with the Commission’s Pricing such order subject to the terms thereof and the Contracting Officer, except for the pur­ Policies. A statement of such Pricing Pol­ of this Agreement: Provided, That where pose of deciding an appeal under the article icies will be furnished Company upon re­ Company orders material which is to be obtained from any person other than the entitled “Disputes.” quest. The Commission’s published prices (c) The term “base charge” means the and charges, as well as its Pricing Policies, Commission, this Agreement shall not be ap­ may be amended from time to time. plicable to such material unless and until dollar amount per unit of enriched uranium such other person and the Commission have in standard form and specification in effect (in) The term “Standard form” means the chemical form of special nuclear material, acknowledged their consent and agreement as of the time any particular transaction to the transfer of such material to Company. under this Agreement takes place, as set as published by the Commission in the F ed­ forth in schedules published by the Com­ eral R eg ister from time to time for mate­ (d) Nothing herein shall be deemed to ob­ mission in the F ederal R eg ister from time rial subject to this Agreement, or in the ligate the^Company to order material or to to time for material subject to this Agree­ absence thereof, for the same material dis­ obligate the Commission to accept an order ment, or in the absence thereof, for the tributed pursuant to section 53 of the Act. to supply material to Company or to pro­ same material distributed pursuant to sec­ (n) The term “blend” means the altering vide services for Company with respect to tion 53 of the Act. of the isotopic composition of a quantity of material. (d) The term “Commission facility” means an element, by mixing it with a quantity (e) The Company’s use of material cov­ a laboratory, plant, office, or other estab­ of the same element which has a different ered by this Agreement shall be limited sole­ lishment operated by or on behalf of the isotopic composition, or a mixture resulting ly to the performance of Commission con­ Commission. from such action. tracts and subcontracts, it being specifically (e) The term “Commission’s established (o) The terms “other persons,” “another understood that such material is not distrib­ specifications” means the specifications for person,” or “person other than the Commis­ uted pursuant to section 53 of the Act. purity and other physical or chemical prop­ sion” means (1) any individual, corporation, The Company shall not be required, in order­ erties of enriched uranium as published by partnership, firm, association, trust, estate, ing material hereunder, to possess a con­ the Commission in the F ederal R eg ister public or private institution, group, Govern­ tract prior to ordering such material. from time to time. ment agency othèr than the Commission and Artic le 3—T it l e (f) The term “Contracting Officer” means persons acting on behalf of the Commission, the person executing this Agreement on be­ any State or any political subdivision of, or Except as otherwise provided herein, title half of the Commission and includes his any political entity within a State, any for­ to all material subject to this Agreement successors or any duly authorized repre­ eign government or nation of any political shall at all times be and remain in the Gov­ sentative of such person. subdivision of any such government or na­ ernment. (g) The terms “consumed” or “consump­ tion, or other entity, other than the Com­ tion” include the reduction in value of ma­ pany; and (2) any legal successor, representar Artic le 4— T erm o f Ag r eem en t, T er m in a ­ terial due to blending of different assays of tive, agent, or agency of the foregoing. t io n and Cancellation enriched uranium, or other alteration of the (a) Except as otherwise provided herein. Article 2—S cope isotopic ratio, or the disposition of material Company shall have the right to possess and ih such manner that it cannot be econom­ (a) The terms and conditions containeduse material covered by this Agreement un­ ically recovered for further use. herein shall govern and apply to the supply­ til ______; provided this Agreement (h) The term “persons acting on behalf ing of special nuclear material by the Com­ may be extended by mutual agreement of of the Commission” includes employees and mission to the Company as uranium enriched the parties. contractors of the Commission, and em­ in the isotope 235 (sometimes herein referred (b) In order to obtain or possess mate­ ployees of such contractors, who implement to as “enriched uranium”) and to the with­ rial under this Agreement, Company must

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3982 RULES AND REGULATIONS either have a valid license therefor or he with uranium not subject to this Agreement, (4) As used in this paragraph (e), the exempt from licensing requirements with provided, however, material subject to this term “value” refers to value as of the date of respect to such material. Agreement may not be blended with mate­ blending. (c) Company may cancel any order for rial distributed under section 53 of the Act. (f) Paragraphs (a) and (b) above, do not material under this Agreement by notice in Notice shall be in writing and shall contain apply in any instance where material in­ writing to the Commission at any time prior such information as may be required by the volved was obtained by Company from any to delivery of the material; provided, Com­ Commission including the quantities and person other than the Commission. pany shall pay a cancellation charge for the properties of all material used in blending. Artic le 6— R etu r n o f M aterial to t h e costs incurred by the Commission in con­ (e) Whenever material subject to this Co m m is s io n ; S pecial Charges fo r Co m ­ nection with such order, as determined in Agreement is blended, the following pro­ m is s io n S ervices accordance with established Commission visions shall apply. (a) Company will return all material not pricing policy in effect at the time such (1) If the resulting blend is not enriched costs are incurred. delivered and accepted, or lost or consumed, uranium, the material covered by this Agree­ pursuant to and in connection with the per­ (d) The Commission may cancel this ment which is used by the Company in blend­ Agreement at any time if Company shall formance of Commission contracts and sub­ ing shall be deemed to have been lost or con­ contracts, upon expiration or earlier termina­ fail or neglect to fulfill its obligations here­ sumed, and, in addition to any other rights under, or if bankruptcy or insolvency pro­ tion of this Agreement; provided, that the which the Commission may have, Company Company shall have the right to return any ceedings are commenced by or against Com­ shall pay to the Commission an amount pany, or if receivers are appointed to take material not so used or consumed at any equal to the value of such material used in time prior to such date. possession of the business of Company. blending. Title to such blend shall pass to (e) Whenever this Agreement or any other (b) Except as otherwise provided herein, Company upon such payment; provided that material subject to this Agreement will be executed subject to this Agreement has, in * if the normal or depleted uranium used in whole or in part, expired, been terminated returned to the Commission in the Standard blending is property of the Government held form, and shall meet the Commission’s es­ or canceled and Company shall have failed under contract with the Commission, then to return any affected material, the Com­ tablished specifications for return of ma­ (i) title to all such blend shall be recognized terial in effect as of the date of this mission shall have the right to enter upon as vested in the Government, (ii) the Com­ Company’s premises to recover or take pos­ Agreement. pany’s other arrangements with the Com­ (c) For purposes of this Agreement, ma­ session of the affected material subject to mission for such uranium shall be adjusted this Agreement; and to charge to the Com­ terial delivered and accepted as a part of pany the Commission’s full costs of such to cover its use in the blend, (iii) the Com­ the product furnished under Commission recovery or repossession, as determined in pany’s account provided for in Article 10 contracts and subcontracts, regardless of the accordance with established Commission shall be adjusted to reflect the return of the form and/or specification of such material, pricing policy in effect at the time of such . material used in blending, and (iv) Company shall be deemed to have been returned to recovery or repossession. shall pay to the Commission an amount equal the Commission hereunder; Provided, That to the monetary loss suffered by the Commis­ t.hig paragraph shall not apply to material Artic le 5— M aterial F u r n ish ed to t h e sion computed by adding the value of all thereafter rejected pursuant to the provi­ C o m pan y materials used in the blend and subtracting sions of such contracts and subcontracts. (a) Material to be furnished under-this therefrom the value of the resulting blend. (d) Material transferred to any person Agreement shall be in Standard form in ac­ Company hereby agrees to pay to the Com­ other than the Commission, regardless of the cordance with the Commission’s established mission the amount determined to be due form and/or specification of such material, specifications for such material unless other­ for such loss upon receipt of the Commis­ shall be deemed to have been returned to wise expressly agreed. sion’s invoice. the Commission if such other person, the (b) Company shall pay the Commission’s (2) Any blend which is enriched uranium Commission, and the Company have executed service charges,, if any, for withdrawal and shall be held by Company subject to the an order covering the material so transferred. packaging; and for any other special serv­ provisions of this Agreement, and title to (e) The Commission may at its sole dis­ ice rendered pursuant to Company’s order, all such material shall be recognized as cretion accept material in a form and/or with respect to material ordered subject to vested in the Government. Company’s ac­ specification other than as provided in (b) this Agreement. Unless such charge or count provided for in Article 10 sjiall be and (c ), above. Unless the Commission shall charges are otherwise agreed to in the order adjusted to reflect the value of such blend, determine that acceptance of the material executed by Company and the Commis­ and Company shall pay to the Commission an in its existing form is in the best interests sion for material, Company shall pay the amount equal to the monetary loss suffered of the Government, Company shall pay a Commission its charges for the services by the Commission computed by adding the service charge for processing such returned rendered pursuant to Company’s order as value of all materials used in the blend and material so as to enable it to satisfy the Com­ determined in accordance with established subtracting therefrom the value of such re­ mission’s established specifications in effect Commission pricing policy in effect at the sulting blend. Company hereby agrees to at the time the material is returned. Such time such services are rendered. Company pay to the Commission the amount deter­ charge shall include the Commission’s charge shall also pay the use charge as hereinafter mined to be due for such loss upon receipt for processing, as determined in accordance provided for the period covered by such serv­ of the Commission’s invoice. The Commis­ with the established Commission pricing ices, and the value of material consumed in sion shall compensate Company for the value policy in effect at the time the material is the rendering of such special services. of privately owned uranium used in blend­ returned and an amount, as determined by (c) If the material delivered by the Com­ ing by delivering to Company f.o.b. any the Commission, for the value of the material mission pursuant to an order executed by Commission facility a quantity of uranium consumed during processing. Whenever ma­ Company and the Commission does not con­ of the same approximate U-235 content, as terial returned by Company is subject to form to the Commission’s established spec­ uranium hexafluoride (UFe) (or other processing charges under this paragraph, ifications (or to the specifications set forth mutually agreeable form) equivalent to the Company shall continue to pay the use in an order executed by Company and the quantity of privately owned uranium charge on such material until expiration of blended with the material supplied here­ the processing period as determined by the Commission), the responsibility and liability Commission at the time the material is ac­ of the Government, the Commission, and per­ under. Company shall pay the Commis­ sion’s service charges, if any, for withdrawal cepted. sons acting on behalf of the Commission (f) Unless the Commission elects to ac­ shall be limited solely to correcting such dis­ and packaging of such uranium, and for any other special service rendered with re­ cept material as provided in (e) above, Com­ crepancies by delivery of material which pany shall pay the Commission for material does conform to the applicable specifications; spect to such uranium. If the uranium used by Company in blending is property of returned in a form and/or specification other provided neither the Government nor the than those stated in (b) above, a sum equal Commission nor persons acting on their be­ the Government held under a contract with the Commission, Company’s obligations to the value of the material. In addition, half shall have any responsibility or lia­ Company shall also pay a special service bility for replacing material which Company under such other contract shall be deemed to be of no further force or effect with charge, as determined in accordance with obtains from any person other than the established Commission pricing policy in Commission. Any material obtained directly respect to the uranium used in the blend­ ing, as of the time such uranium becomes effect at the time the material is returned for from the Commission which does not con­ the handling, storage and/or disposal of such form to applicable specifications will be re­ subject to the provisions of this Agreement. material. turned to the Commission pursuant to the Company agrees that such delivery or can­ cellation shall constitute full compensation (g) All shipments of material returned to Commission's instructions and the Commis­ the Commission shall be in accordance with sion will pay the transportation charges for to Company for uranium used in blending. (3) It is hereby agreed that Company shall the requirements of this Agreement includ­ returning such material as well as the trans­ ing Article 15. portation charges for shipment of replace­ hold the Government, the Commission, and ment material. persons acting on behalf of the Commission, (h) All material returned to the Commis­ (d) The Company agrees to notify the harmless from any claims of third parties on sion under (b) and (e) above shall be de­ Commission of any proposed or actual blend­ account of rights alleged in or in connection livered by Company to the Commission ing of material subject to this Agreement with the uranium used in blending. facility or location specified by the Commis-

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3983 sion f.o.b. commercial conveyance at such daily balance of this account shall be used pursuant to this Agreement are subject to facility or location. Unless waived by the for computing the amount due to the Com­ change by the Commission. Commission, Company shall give the Com­ mission for use charges. The value of ma­ (b) Any changes in applicable charges mission at least fifteen (15) days’ written no­ terial reflected in this account after credit for and/or specifications shall be effective on tice of intent to so return material to the the value of material returned and for pay­ either July 1 or January 1 as stated in the Commission. The Commission will notify ments for material lost or consumed shall applicable notice of change published by the Company promptly after receipt of Com­ represent the amount due to the Commission Commission: Provided, At least thirty (30) pany’s notice of Intent to return material for material not returned or paid for. In the days’ notice of such changes shall be given as to the Commission facility or location event material paid for as having been lost Company, by publications or otherwise: And designated for return of the material. Com­ or consumed is later reestablished in Com­ provided further, That the Commission may pany at the time of shipment of material pany’s account, said account shall be debited reduce the rate of use charge or the base shall notify the Commission facility or other as of the date of refund (or appropriate charges at any time by a notice of change location to which shipment is made of the setoff) of such payment to Company as pro­ published by the Commission and without date and method of shipment and expected vided in paragraph (c) of Article 12, “Per­ prior notice to Company. date of arrival. formance of AEC Obligations: Billing,” hereof, with the amount or amounts equal to Artic le 12—P erform an ce o f AEC Article 7— P a y m en t for Material L o st or the value of such material at the time of such Ob lig a t io n s: B il lin g Consum ed reestablishment in Company’s account. (a) The Commission may fulfill its obliga­ (a) Except as otherwise provided herein, -(b ) Except as otherwise provided in this tions under the Agreement through the op­ Company shall be responsible for and shall Agreement, Company’s account will be erator of any of its facilities. reimburse the Commission for any loss or debited for material furnished as of the date (b) Billings for amounts due the Com­ consumption of material, whether or not such material is delivered to Company; provided, mission under the Agreement will ordinarily loss or consumption is due to the fault or that in the case of material obtained directly be made: neglect of Company, or any other cause, from any person other than the Commission, occurring from the time of delivery of such ( 1 ) Following the performance of any serv­ the debit will be made as of the effective date ice, and material to Company and until such mate­ specified in the order executed by Company, rial has been returned to the Commission as (2) Semiannually for Use charge and for the other person and the Commission for loss or consumption of material. provided herein. ^ “ such material. (b) Company shall make reports to the (c) All billings and payments made on a Commission, on forms as prescribed by the (c) Company’s account will be credited provisional basis are subject to adjustment Commission, to accurately reflect all losses for material returned to the Commission or to recognize actual or calculated amounts, or consumption of material as then known to transferred to another person only when the enrichment, isotopic content, and specifica­ the Company. In reporting material as lost material is returned or transferred in accord­ tions of material involved. Whenever Com­ or consumed. Company shall make reason­ ance with Article 6. Except as otherwise pany has paid for material reported as having able effort to accurately fix the time of such provided in this Agreement, Company’s ac­ been lost or consumed and such mate­ loss or consumption on the basis of a specific count will be credited for material returned rial is later reestablished in Company’s ac­ occurrence or in accordance with accepted to the Commission as provided in paragraphs count, the Commission shall refund to Com­ procedures and methods of calculating loss (b) and (e) of Article 6 as of the date the pany (or appropriately set off against any or consumption. material is delivered to a location specified by amounts due the Commission) the amount (c) The Company may, and shall when the Commission pursuant to this Agreement. paid by Company for such material. Any required by the Commission, pay for mate­ Credit for material transferred to another disagreement between the Commission and rial lost or consumed on a provisional basis. person will be made as of the effective date the Company as to the amount actually paid Except as otherwise provided herein the specified in the order executed by the re­ by Company for such material shall be amount due the Commission for material lost ceiving person, the Commission, and Com­ deemed a question of fact within the mean­ or consumed shall be the value of such mate­ pany. Credit for material becoming a part ing of that term as used in Article 22, “Dis­ rial computed in accordance with this Agree­ of any product furnished under separate putes,” of this Agreement. Except as stated ment, as of the time of such loss or con­ Commission contracts and subcontracts will in paragraph (d) below, the adjustments sumption. be made as of the date such product is re­ provided for in this paragraph will not sub­ (d) Any disagreement between the Com­ ceived pursuant to the provisions of such ject Company or the Commission to liability mission and the Company as to whether ma­ contracts and subcontracts; provided, that for interest. any material in products thereafter rejected terial has in fact been lost or consumed, or (d) All bills rendered by or on behalf of as to the time any such loss or consumption shall be debited to Company’s account as of the date of return delivery to Company. the Commission are due thirty (30) days occurred, shall be deemed a question of fact from the date of invoice. Payment received within the meaning of that term as used Samples returned to the Company by mutual agreement of the Company and the Commis­ after thirty days from date of invoice shall in Article 22, “Disputes,” of this Agreement. entitle the Commission to an additional sion or its contractors or subcontractors will Article 8— U s e -C harge P a ym en t charge at six percent (6%) per annum on be debited to Company’s account as of the such amount. Except as otherwise agreed, Company date of delivery to Company. Credit for ma­ agrees to pay the Commission a charge for terial paid for will be made as of the date Artic le 13— I n ju r y or D amage such payment is received by the Commission. material subject to this Agreement as pro­ Neither the Government, the Commission vided in Article 10 below. The rate of charge (d) Whenever the Commission changes nor persons acting on behalf of the Commis­ shall be the same as the Commission’s any applicable base charge as provided in sion make any warranty or other representa­ annual (365 days) rate of use-charge for Article 11, “Changes in Rate of Use Charge, tion, express or implied, that material leased material as published in the F ederal Base Charges, and Specifications,” below, the furnished under this Agreement (a) will not R egister in effect and applicable for the value of material recorded in Company’s ac­ result in injury or damage when used for period covered by the Commission’s invoice; count will be recomputed at the new base the purpose authorized by the Commission, charge: Provided, That the value of material (b) will accomplish the results for which it Article 9— Ot h e r Au t h o r it y lost or consumed as of the date of such is requested from the Commission, or (c) is Nothing in this Agreement shall be deemed change shall not be recomputed. Subse­ safe for any other use. to obligate Company to pay the Commission’s quent to the effective date of the change charges with respect to materials and/or serv­ in the applicable base charge, the new base Artic le 14— T im e o f D eliv er y ices subject to this Agreement, or to observe charge will be used, in determining the value of material lost or consumed and for com­ The Commission will make reasonable other, specific provisions of this Agreement, if efforts to deliver material at the time or the Commission, in accordance with statu­ puting the value of material subject to use charges. times stated in orders for material subject to tory or other authority available to it, de­ this Agreement, but neither the Government, termines that such charges, or other provi­ (e) Company will be notified of the deb­ the Commission, nor persons acting on be­ sions, are not applicable. its and credits made to its account as the half of the Commission shall be subject to result of shipments and transfers of mate­ any liability under this Agreement for any Article 10— E stablishment of “E nriched rial, and of any changes in the value of mate­ failure to do so. Ura n ium S u p p ly Accoun t” rial in such account as the result of changes (a) The Commission will establish an en­in the applicable base charges. Company Artic le 15— D eliv er y — F.O .B . P o in t will promptly notify the Commission of any riched uranium supply account for Company (a) Material furnished from a Commission o which will be debited as provided herein disagreement with, discrepancies, or errors in such notices. facility will be shipped f.o.b. commercial con­ tne amount or amounts equal to the value of veyance at such Commission facility. De­ wie material subject to this Agreement. Such Artic le 11—Changes in R ate of U se Charge, livery of material or containers to Company w-+£Un^ wU1 ^ credited as provided herein B ase Charges, and S pecifications or its designee or to a carrier for the account with the amount or amounts equal to the of Company or its designee shall be deemed aiue of the material returned or paid for, (a) The rate of use charge, base charges delivery of such material or containers to accordance with this Agreement. The and/or specifications for material furnished Company for the purposes of this Agreement.

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3984 RULES AND REGULATIONS

(b) When Company obtains material from health and safety standards prescribed by pany’s and the Commission’s results, the another person pursuant to this Agreement, the Commission or any other Government parties will each bear one-half of the such material is furnished in place, and, as agencies having jurisdiction over such mat­ umpire’s charges. between the Commission and Company, all. ters, the Company shall pay the Commission (ii) If the disagreement concerns results costs of packaging, shipment, and handling the full cost of such decontamination as de­ obtained from analysis of a sample, an offi­ shall be the responsibility of Company. termined by the Commission in accordance cial sample will be submitted to an umpire with established Commission pricing policy. mutually agreed upon for analysis. The Article 16— Cy lin d er s, E q u ipm en t, and (f) The foregoing provisions of this Ar­umpire’s results will be conclusive on both S h ip m e n t s ticle 16 do not apply to delivery of enriched parties. uranium products by Company under Com­ (A) In the case of disagreement with re­ (a) All shipments of material in the form spect to specification limits based on an of uranium hexafluoride (UF„) from the mission contracts and subcontracts. Such products will be delivered in accordance with official sample, the receiver will bear the Commission to Company, and from Company umpire’s charges if the umpire’s result is to the Commission, will be made in AEC- the terms and conditions stated in such con­ tracts and subcontracts. within specification limits, and the shipper owned cylinders of appropriate size as speci­ will pay the umpire’s charges if the umpire’s fied by the Commission unless the use of Article 17— Assig n m e n t result is not within specification limits. other cylinders is mutually agreed to by the (a) Company may not assign this Agree­ (B) In the case of disagreement concern­ Commission and the Company. The quan­ ing quantitative determinations on an offi­ tity of material shipped in any cylinder shall ment, or any order for material subject to this Agreement, without the express written cial sample, the umpire’s result will be used not be less than the Commission-established and the party whose result is furthest from minimum loading for the type of cylinder approval of the Commission. (b) Transfer of material by the Company the umpire’s result will pay the umpire’s used. AEC-owned cylinders for return of charges; provided, in the event the umpire’s UF„ directly to the Commission will be made to another person with the approval of the Commission as provided in this Agreement result is equidistant between the shipper’s available to Company f.o.b. commercial con­ and the receiver’s results, the parties will veyance at the Commission facility. shall not have the effect of assigning this Agreement or of relieving the Company of each bear one-half of the umpire’s charges. (b) Except as provided in (a) above, (4) The period of time during which use shipments of material subject to this Agree­ any obligation hereunder, except as to re­ turn of or payment for material so trans­ charges shall accrue under this Agreement ment to Company, and from Company to the with respect to material subject to a meas­ Commission, .shall be made only, in con­ ferred and the payment of use charges there­ for thereafter accruing. urement disagreement hereunder shall be tainers and/or equipment acceptable to the adjusted as follows: Commission. The Commission may, but Artic le 18— D etermination op M aterial (i) Where the disagreement pertains to shall not be required to, furnish containers material delivered to Company and is re­ and equipment for shipping such material. Qu a n t it ies and P r o per ties; S e tt l em e n t op M ea su rem en t Differ en c e s : Ad ju s t m e n t s solved by the umpire in favor of Company, (c) Any non-AEC-owned cylinders, con­ o f U se C harges no use charge shall accrue between the date tainers, and equipment furnished or utilized of receipt of notice of disagreement and the by Company will meet current Commission (a) This section (a) sets forth provisionsdate of resolution or the date of use or dis­ specifications and practices, as to safety, de­ and procedures for determination of quanti- - position of material by the Company (when sign criteria, cleanliness and freedom from ties and properties of material subject to this mutually agreed upon) whichever occurs contamination, of which the Commission Agreement transferred directly to or from the first: Provided, however, That where the dis­ shall be the sole judge. The Commission will Commission, and for the resolution of meas­ agreement pertains to specifications of the endeavor to return non-AEC cylinders, con­ urement differences resulting from such de­ material and is resolved by the umpire in tainers, and other equipment to the Company termination, including the use of an “Um­ favor of Company, no use charge shall accrue in a reasonable time, but will not be respon­ pire.” (For the purpose of this section, the unless Company accepts the material, uses sible for any loss of or damage to such terms “shipper” and “receiver” shall refer to or disposes of the material (when mutually cylinders, containers, or equipment except the Commission and the Company or vice agreed upon) or fails to return it after reso­ as may result from its fault or negligence. versa as the case may be.) lution of the disagreement within a reason­ Such return shipments by the Commission (1) The Commission samples obtained us­ able time. will be made f.o.hu commercial conveyance ing the Commission’s procedures will be the (ii) Where the disagreement pertains to at the Commission facility. official Samples and shall be binding upon material returned directly to the Commis­ (d) Title to AEC-owned cylinders, con­ the Commission, the Company and umpire sion, no use charge shall accrue between the tainers, and equipment shall remain in the unless the Commission and Company agree date of receipt of the shipment and the Com­ Government. Company shall pay such upon the use of other samples. pany’s receipt of notice of disagreement. rental charge, if any, for such cylinders, con­ (2) If the receiver does not accept the Use charges shall accrue between Company’s tainers, and equipment as shall be set forth shipper’s quantities and/or properties stated receipt of notice of disagreement and the or referenced in the orders executed by Com­ on the AEC transfer form for such material, date of resolution or the date of use or dis­ pany and the Commission for delivery of ma­ the receiver shall within thirty (30) days position of the material bjr the Commission terial. Unless otherwise agreed, Company after the receipt of the material or the AEC (when mutually agreed upon), whichever will clean AEC-owned cylinders, containers, transfer form for such material, whichever occurs first, unless the disagreement is re­ or equipment to be returned directly to the is later, submit a written or telegraphic no­ solved in favor of the Company. Commission to the satisfaction of the Com­ tice of disagreement to the shipper. The notice of disagreement shall include meas­ (ii) Where an umpire is used and the mission. The Company will keep AEC-owned umpire’s result is equidistant from those of cylinders, containers, and equipment in good urement data supporting the disagreement. condition and will return them to the Com­ If such notice of disagreement is not sub­ the parties, no use charge shall accrue for mitted within such thirty (30) days, the one-half of the period between the date of mission facility from which received f.o.b. receipt of notice of disagreement and the commercial conveyance at the Commission shipper’s measurements will be final and binding Upon both parties. The receiver date of resolution or the date of use or dis­ facility. Company shall be responsible and position of the material by the Company or shall reimburse the Commission for any loss shall not use or dispose of the material in any manner until the difference is resolved the Commission (when mutually agreed of or damage to AEC-owned cylinders, con­ upon), whichever occurs first. tainers, or equipment occurring from the unless such use or disposition is mutually time of delivery to Company (or to a carrier agreed to by the Commission and the Com­ (iv) Where the disagreement is resolved for delivery to Company) until return to the pany provided that nothing herein shall by mutual agreement, the period of use Commission as provided above. AEC-owned prevent the receiver from handling the mate­ charge shall be included in and settled by cylinders, containers, and equipment will be rial as necessary for storage or protection mutual agreement. used only for storage of material shipped against health and safety hazards. (b) The use charges of Section (a) above therein, or for return directly to the Com­ (3) If the disagreement is not resolved by shall apply to the total of the material whose mission of material designated by the Com­ mutual agreement, the following procedures quantity, or other characteristics, is involved, mission to be shipped therein. Any residual shall apply: and not to the amount represented by any quantities of material in cylinders, contain­ (i) If the disagreement concerns bulkdifference of measurements. ers, and equipment returned to the Com­ measurement (i.e., total volume, gross and (c) The quantity and properties of mate­ mission will be deemed to have been lost or net weight, total piece count or any other rial subject to this Agreement furnished un­ consumed by Company and Company shall measurement made on the entire quantity der and becoming a part of any product pay for such material in accordance with this of material involved), repeat measurements delivered under Commission contracts and Agreement. shall be performed by an umpire mutually subcontracts shall be determined in accord­ (e) Whenever material is shipped to theagreed to by both parties at a mutually ance with the provisions and procedures Commission, and the Commission elects to agreed-upon site. The umpire’s results will stated in such contracts and subcontracts. decontaminate the containers, railroad cars, be conclusive on both parties. The party Article 19— S afeguards Control o f E nriched trucks, or other shipping vehicles or the whose original measurement result is fur­ U ra n ium Commission’s unloading area and machinery, thest from the umpire’s result will bear the because the containers, or the material, or umpire's charges; provided, in the event the (a) Records. The Company will maintain the method of shipment, failed to meet the umpire’s result is equidistant between Com­ and make available to the Commission for

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3985 examination, upon reasonable notice, all rec­ performed by the Company. In the event which any element of this contract is ords pertaining £o its receipt, possession, use, unavoidable mixing should occur, the performed. transfer, and physical inventories of ma­ parties shall negotiate in good faith to reach terial subject to this Agreement. Such rec­ an equitable agreement, taking into consid­ Ar tic le 24—Offic ia l s n ot to B e n e f it ords shall be complete and adequate to fully eration the provisions of this Agreement and Insert FPR 1-7.101-19. reflect physical measurements, actual inven­ the provisions of any lease or other agree­ tories and the transactions relating thereto. ment or agreements establishing the Com­ Artic le 25—Covenant Again st Co n tin g en t Company will submit such transfer docu­ pany’s responsibility with respect to such F e es ments and reports reflecting quantities of other material, concerning the assignment Insert FPR 1-1.503. material received, physically present, lost, or allocation of any losses resulting from consumed, and transferred, with respect to such mixing as between this Agreement and Artic le 26—E qual Op po r tu n ity in material subject to this Agreement as the such other lease, agreement or agreements, E m p l o y m e n t Commission may prescribe. and any other necessary arrangements. Insert FPR 1-12.803-2 (as modified by (b) Inventory, Inspection and Tests. The Any such matter not promptly resolved by FPR Temporary Regulation No. 1 and ex­ Company will take physical inventories of negotiation shall be determined in accord­ tended by FPR Temporary Regulations Nos. material subject to this Agreement and in ance with the procedure for settlement of 6 and 8). the custody of Company at intervals not to disputes under Article 22 hereof entitled exceed twelve (12) months. The Company “Disputes.” Artic le 27—No tices shall afford to the Commission, at all reason­ (e) Shipments. In the event of any ac­ (a) Any notices required by this Agree­ able times, opportunity to inspect the ma­ tion resulting in a shipment of any material ment of the Company shall be submitted in terial subject to this Agreement and the subject to this Agreement to any other per­ writing to the Commission addressed to : premises and facilities where such material son, the Company shall assure that all of is used or stored. The Company shall permit Company’s obligations under this Article Director, Production Division the Commission to perform such inventory are also assumed by the person to whom Oak Ridge Operations Office tests as the Commission deems necessary for such material is shipped, and that the rights U.S. Atomic Energy Commission verification of the accuracy of any reports and privileges of the Commission under this Post Office Box E submitted by the Company to the Commis­ Article are not affected by such shipment: Oak Ridge, Tenn. 37830 sion. The Commission agrees to perform any Provided, however, That the requirement (b) Any notices required by this Agree­ inventory tests with respect to material sub­ shall not apply in the case of any shipment ject to this Agreement (which the Company ment of the Commission shall be submitted of material deemed to constitute a return in writing to the Company addressed to: agrees may include the taking of a reasonable of such material to the Commission as pro­ number of samples for physical or chemical vided hereunder. analyses but which does not include sam­ (f) The Company will use reasonable care pling and destructive testing of fabricated and exercise prudent business judgment to articles except as agreed to by the Com­ prevent loss, diverson, or damage to mate­ In witness whereof, the parties have pany) so as to minimize interference to the rial, but nothing in this sentence shall be Company’s processing, delivery schedules, and executed this Supply Agreement the day and third-party commitments regarding the ma­ construed to relieve Company from its obli­ year first above written. terial. The Company agrees that no charges gations elsewhere hereunder to pay for The United States of America; for costs or value of any material samples, material.. or for services or equipment, should such be B y U n ited S ta tes Atom ic furnished by the Company, provided in con­ Artic le 20—P aten t I ndemnification E nergy Co m m issio n . B y ...... _...... nection with, the performance of audit tests The Company agrees to indemnify the and inventory tests, shall be made against Title ______the Commission; howevèr, the Commission Government, the Commission, and persons The Company ______will allow full credit in the Company’s ac­ acting on behalf of the Commission against (Company) count with the Commission for the value liability, including costs and expenses in­ By ...... __ of the material included in the samples and curred, for infringement of any Letters Pat­ T itle ______Witnesses : the Commission will make no charge against ent occurring in the course of the perform­ the Company for reconversion .of the ma­ ance of any service, analysis or test performed terial samples to standard form. for Company as a result of following specific I , ------, certify that I (c) Company’s Procedures Governing Safe­ instructions of Company in connection am the ______of the guards Control of Material. The Company therewith, or occurring in the utilization corporation named as the Company herein; will submit for the approval of the Con­ by Company of any material procured here­ t h a t ------, who signed tracting Officer a Procedure Manual for the under, except as expressly waived in writing this Agreement on behalf of the Company, safeguards control of the material subject to was then the ______of by the Commission or otherwise -provided in said corporation; that said Agreement was this Agreement. The manual shall describe Commission contracts, or in subcontracts duly signed for and in behalf of said corpo­ a material control system that is capable of thereunder approved by the Commission, ration by authority of its governing body, providing current, detailed, and accurate under which material subject to this Agree­ and is within the scope of its corporate quantitative data concerning the receipt, ment is used. powers. • possession, transfer, consumption or use of In Witness Whereof, I have hereunto material subject to this Agreement. The Article 21—R ig h t to U se and P u b l ish affixed my hand and the seal of said corpora­ Company shall not process material subject I n fo rm ation tion th is ______day o f ______196-_. (CORPORATION SEAL) ______to this Agreement prior to approval of the The Commission shall have the right to (Secretary) Procedure Manual: Provided, however, That publish and use any information or data actions required by the Commission as a (Sec. 161, Atomic Energy Act of 1954, as developed by the Commission or persons amended, 68 Stat. 948, 42 U.S.C. 2201; sec. condition of such approval or any results of acting on behalf of the Commission as the 205, Federal Property and Administrative the Company’s following the approved Pro­ result of any service, analysis, or test per­ Services Act of 1949, as amended, 63 Stat. cedure Manual, shall not constitute the basis formed hereunder for the Company. 390, 40 U.S.C. 486) of a claim for compensation or damages by" Artic le 22—D is p u t e s Effective date. These regulations are the Company. effective upon publication in the F ederal (d) Material To Be Segregated. The Com­ Insert PPR 1—7.101—12, modified by sub­ stituting “Commission” for “Secretary.” R egister. pany shall use its best efforts to segregate physically all material subject to this Agree­ Artic le 23—P e r m it s Dated at Germantown, Md., this 6th day of March 1967. ment from any other source material and Except as otherwise directed by the Con­ special nuclear material in the Company’s tracting Officer, the Company shall procure For the U.S. Atomic Energy Commis­ possession. However, it is recognized that all necessary permits or licenses (including sion. in certain situations some of the material any special nuclear material licenses), and J oseph L. S mith, subject to this Agreement may become un­ abide by all applicable laws, regulations, and Director, Division of Contracts. avoidably mixed with such other material ordinances of the United States and of the [F.R. Doc. 67-2686; Filed, Mar. 10, 1967; due to the nature of the process or work State, territory, and political subdivision in 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 No. 48- 4 3986 RULES AND REGULATIONS tation, or in lieu thereof a copy of a bond or Commission may through this device Title 46— SHIPPING other security, in such form as the Commis­ engage in the activities of general in­ sion, by rule or regulation, may require and spection of all documents or evidence Chapter IV— Federal Maritime accept, for indemnification of passengers for nonperformance of the transportation. submitted. The Commission is not re­ Commission quiring an automatic audit of all state­ SUBCHAPTER B— REGULATIONS AFFECTING MAR­ In § 540.2, “Passenger” is defined as ments filed. It is simply seeking the pos­ ITIME CARRIERS AND RELATED ACTIVITIES “any person who is to embark on a vessel sibility of verifying those statements at any United States port and has paid which might be considered by it to war­ [General Order 20; Docket No. 66-67] any amount for a ticket contract enti­ rant or demand such verification. With­ PART 540— SECURITY FOR THE ' tling him to water transportation.” The out such a provision, the ocean passen­ PROTECTION OF THE PUBLIC contention was made at oral argument ger files of this Commission could easily that the Commission is without author­ become a repository of worthless data, Subpart A— Proof of Financial Re­ ity to extend its jurisdiction over non­ and information. sponsibility, Bonding and Certifica­ citizens of the United States who may be Section 540.4(c) requires that the ap­ tion of Financial Responsibility for embarking at United States ports. The plication shall be signed by a duly- au­ Indemnification of Passengers for Commission intends that any person, thorized officer or representative of the citizen or noncitizen of the United States, Nonperformance of Transportation applicant with a copy of the evidence of embarking at a U.S. port shall be en­ his authority. Some concern has been On December 13,1966, the Commission titled to the protection afforded by this expressed over this provision by several published a notice of proposed rule mak­ statute. (The Commission does not con­ interested parties. What is being sought ing in this proceeding in the F ederal sider a passenger who goes ashore in a here is simply a statement to the effect R egister (31 F.R. 15703) and invited United States port for a temporary visit that the individual is authorized to sub­ comments from interested persons. The and who reboards the same vessel on the mit the application in question. same voyage to be “embarking” within purpose of this proceeding is the pro­ In § 540.5 alternative methods are pro­ mulgation of rules and regulations nec­ the meaning of these rules.) , Of course, we are interested in protecting* the vided for establishing financial responsi­ essary to carry out the provisions of sec­ bility under section 3 of the Act, these tion 3 of Public Law 89-777, an Act to United States citizen, but we do not pro­ pose to deny protection under the statute being evidence of insurance, such as an require evidence of adequate financial insurance policy, guaranties, escrow ac­ responsibility to pay judgments for per­ to a person using ôur ports and facilities, simply because he is not a citizen. This counts, and self-insurance. A require­ sonal injury or death, or to repay fares ment applying to all of these alternatives in the event of nonperformance of voy­ was the clear intent of Congress.1 Section 540.2(h) defines “Passenger of establishing financial responsibility is ages. Section 3 of the Act is concerned that they shall each be in an amount de­ with idemnification of passengers for revenue” as “those monies, wherever paid by passengers who are to embark at termined by the Commission to be no less nonperformance of water transportation. than 110 percent of the unearned passen­ Comments on the proposed rules were any U.S. port for water transportation and all other accommodations, services, ger revenue of the applicant on the date submitted by interested parties. Re­ within the 2 fiscal years immediately plies to these comments were filed by and facilities relating thereto,” but ex­ cluding monies paid to persons other .prior to the filing of the application Hearing Counsel on behalf of the Com­ which reflects the greatest amount of i* mission’s staff, and there were filed an­ than the person providing the water transportation for shore-based excur­ earned passenger revenue. swers to these replies. On February 8, Objection has been voiced that this 1967, the Commission heard oral argu­ sions related to the voyage. This defini­ tion covers only that revenue connected 110 percent figure is without the ment during which a request was made boundary of the Commission to require. by one of the parties to leave thé record with the water transportation. open for 48 additional hours in order to Section 540.3 provides that no person The statute specifically states that the give all interested parties an opportunity in the United States may arrange, offer, bond or other security submitted to to comment in writing on certain contro­ advertise, or provide passage on a vessel establish financial responsibility shall be versial issues which had arisen during unless a Certificate (Performance) has in an amount paid equal to the estimated the argument. The request was granted been issued to or covers such person. At total revenue for the particular trans­ and some additional comments were re­ oral argument, objection was made to portation. This estimated total revenue ceived. On February 18, 1967, the Com­ the certification procedure proposed in for the purposes of these rules is con­ mission published a Request for Addi­ these rules. Certain interested parties sidered to be 100 percent of the unearned tional Comments on the proposed rules, contended that this proposal was essen­ passenger revenue, based on the past 2 and comments were filed by interested tially a licensing procedure. In the leg­ years’ performance, just as some factor parties pursuant to this request. The islative history of this Act, Congress con­ to give an indication of the general op­ Commission has carefully considered sidered and rejected procedures for li­ erating condition of the applicant, plus the comments and arguments on the censing. This Act expressly provides a safety factor of 10 percent. proposed rules and in the light thereof that this Commission shall furnish evi­ However, this requirement (§ 540.5) herewith adopts its final rules at this dence of compliance with the statute. is worded in such a manner to allow for time for the reasons noted below. Com­ The determination has been made by the sufficient flexibility to permit considera­ ments and arguments not discussed or Commission that this evidence shall take tion of any unusual circumstances or reflected herein have been considered the form of something physical, some­ change in circumstance which may arise. and found not justified or not material. thing called a Certificate. There is no Section 540.9(e) provides that each The rules and regulations hereby pre­ intention whatsoever by the Commis­ applicant, insurer, and guarantor shall scribed cover all passenger operations in­ sion to engage and establish a licensing designate a person in the United States volving any vessel having berth or state­ requirement on foreign and domestic as his legal agent for service of process room accommodations for fifty or more passenger ship operators. for the purposes of the rules of this sub­ passengers embarking passengers at U.S., The proposed rules in § 540.4 provide part. There has been strenuous objec­ ports. Section 3(a) of Public Law 89- that the Commission shall have the tion on the part of various interested 777 provides that privilege of verifying any statements parties that the rules cannot require No person In the United States shall ar­ made or any evidence submitted under such designations. The position of the range, offer, advertise, or provide passage on the rules of this subpart. There has Commission is that the Act itself con­ a vessel having berth or stateroom accom­ been objection by certain commentators templates recovery for unperformed modations for 50 or more passengers apd to this provision, their having construed transportation. The intention of the which is to embark passengers at Unitëd this to convey the proposition that the statute will have gone for naught if the States ports without there first having been filed with the Federal Maritime Commission person injured cannot avail himself of such information as the Commission may 1 Hearings befor^ the Subcommittee on the legal process which is contemplated deem necessary to establish the financial Merchant Marine and Fisheries, U.S. Senate, for the recovery of his monies. The legal responsibility of the person arranging, offer­ 89th Cong., Serial No. 89-66, p. 292 (here­ processes will be effectively closed to the ing, advertising, or providing such transpor­ after cited as Senate hearings). injured party if he is unable to find some-

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3987 one who can be the recipient of legal whose actions a holder of a Certificate includes all temporary and all permanent service of process. The Commission does is willing to be responsible for. It is passenger sleeping facilities. not understand Congress to have en­ not the intention of the Commission to (f) “Certificate (Performance) ” means acted such an empty statute. require each and every travel agent to a Certificate of Financial Responsibility Section 540.9 (j) provides in substance obtain a Certificate provided a carrier for Indemnification of Passengers for that any evidence of financial responsi­ is able and willing to assume responsi­ Nonperformance of Transportation is­ bility submitted under these rules shall bility for the agents’ actions. sued pursuant to this subpart. not be required to exceed $5 million. Therefore, pursuant to section 3 of (g) “Passenger” means any person Some comment by interested parties has Public Law 89-777 (80 Stat. 1357, 1358) who is to embark on a vessel at any U.S. been directed towafcl this five million Title 46 CFR is hereby amended by the port and who has paid any amount for a dollar figure, with the request that it be addition of a new Part 540 as follows: ticket contract entitling him to water reduced to $3.5 million. This figure in­ Subpart A— Proof of Financial Responsibility, transportation. cluded in the requirement has not been Bonding and Certification of Financial Respon­ (h) “Passenger revenue” means those arrived at arbitrarily, but is the result sibility for Indemnification of Passengers for monies wherever paid by passengers who of the studied judgment of the Commis­ Nonperformance of Transportation are to embark at any U.S. port for water sion’s staff from data and information Sec. transportation and all other accommo­ made available to it by various segments 540.1 Scope. dations, services and facilities relating of industry. It is the position of the 540.2 Definitions. thereto. Commission that this is a fair figure and 540.3 Proof of financial responsibility, when (i) “Unearned .passenger revenue” that it remain as originally published. , réquired. means that passenger revenue received Filing of applications. Section 540.4 540.4 Procedure for establishing financial for water transportation and all other (b) provides that initial applications for responsibility. accommodations, services, and facilities Certificates should be filed at least 30 540.5 Insurance, guaranties, escrow ac­ relating thereto not yet performed. counts, and self-insurance. days prior to the first sailing on or aftfer 540.6 Surety bonds. (j) “Insurer” means any insurance May 5, 1967. This provision should al­ 540.7 Evidence of financial responsibility. company, underwriters, corporation, or low the Commission sufficient time to 540.8 Denial, revocation, suspension, or association of underwriters, ship owners’ process applications and provide the modification. protection and indemnity association, or vessel operators with the Certificates 540.9 Miscellaneous. other insurer acceptable to the Commis­ required for Customs clearance of such Au t h o r it y : The provisions of this Subpart sion. sailings. A issued under sec. 3 of Public Law 89-777 (k) “Evidence of insurance” means a Availability of assets in the United (80 Stat. 1357,1358). policy, certificate of insurance, cover States. In the Commission’s proposed § 540.1 Scope. note, or other evidence of coverage ac­ rules published in the F ederal R egister ceptable to the Commission. on December 13, 1966 (31 F.R. 15703), The regulations contained in this sub­ § 540.5(d) originally provided that § 540.3 Proof of financial responsibil­ part set forth the procedures whereby ity, when required. “ * * * the working capital and net persons in the United States who ar­ worth required above will be available range, offer, advertise or provide pas­ No person in the United States may to cover suits in the United States for sage on a vessel having berth or state­ arrange, offer, advertise, or provide pas­ nonperformance.” Section 540.9(e) room accommodations for 50 or more sage on a vessel unless a Certificate (Per­ originally provided that “Any securities passengers and embarking passengers at formance) has been issued to or covers or assets accepted by the Commission U.S. ports shall establish their financial such person. under the rules of this subpart must be responsibility or, in lieu thereof, file a § 540.4 Procedure for establishing finan­ available in the United States.” bond or other security for obligations un­ cial responsibility. Comments have been received as to der the terms of ticket contracts to in­ whether these securities and assets demnify passengers for nonperformance (a) In order to comply with section 3 should be physically located in the of transportation to which they would be of Public Law 89-777 (80 Stat. 1357,1358) United States. It is the position of the entitled. Included also are the qualifi­ enacted November 6, 1966, there must be Commission that securities and assets cations required by the Commission for filed an application on Form FMC-131 submitted as evidence of financial re­ issuance of a Certificate (Performance) for a Certificate of Financial Responsi­ sponsibility by applicants, guarantors, and the basis for the denial, revocation, bility for Indemnification of Passengers insurers, escrow agents and others must modification, or suspension of such for Nonperformance of Transportation. be physically located in the United States Certificates. Copies of Form FMC-131 may be ob­ to meet their responsibilities under the tained from the Secretary, Federal Mari­ rules of this subpart. § 540.2 Definitions. time Commission, Washington, D.C. The Commission deems such a require­ As used in this subpart, the following 20573, or at the Commission’s offices at ment necessary in order to adequately New York, N.Y.; New Orleans, La.; and terms shall have the following meanings : San Francisco, Calif. insure the protection of the travelling (a) “Person” includes individuals, public since the lack of such a require­ corporations, partnerships, associations, (b) An application for a Certificate ment might prevent or impede the in­ and other legal entities existing under or (Performance) shall be filed in duplicate demnification of an injured party. Sec­ authorized by the laws of the United with the Secretary, Federal Maritime tions 540.5(d) and 540.9(d) of the final States or any State thereof or the District Commission, by the vessel owner or rules restate the Commission’s position of Columbia, the Commonwealth of charterer at least 60 days in advance of and provide that there will be assets Puerto Rico, the Virgin Islands or any the arranging, offering, advertising, or physically located in this country which territory or possession of the United providing of any water transportation or may be proceeded against as intended States, or the laws of any foreign tickets in connection therewith: Pro­ by the Congress in Public Law 89-777. country. vided, however, That any person other Applicability of certificates to agents. (b) “Vessel” means any commercial than the owner or charterer who ar­ Section 540.3 reads as follows: vessel having berth or stateroom accom­ ranges, offers, advertises, or provides No person in the United States,may ar­ modations for 50 or more passengers and passage on a vessel may apply for a Cer­ range, offer, advertise, or provide passage on embarking passengers at U.S. ports. tificate (Performance). Applications for a vessel unless a Certificate (Performance) (c) “Commission” means the Federal initial certificates should be filed at least has been issued to or covers such person. Maritime Commission. 30 days prior to the first sailing on or after May 5,1967. The rules of this sub­ The purpose of this provision is to insure (d) “United States” includes the Com­ part shall not apply to the arranging, of­ that the only persons selling tickets on monwealth of Puerto Rico, the Virgin fering, or advertising of voyages which Vessels covered by this subpart are those Islands or any territory or possession of embark passengers at U.S. ports prior to Persons (1) who have established their the United States. May 5, 1967. Late filing of the applica­ financial responsibility by obtaining a (e) “Berth or stateroom accommoda­ tion will be permitted only for good cause Certificate in their own name or (2) tions” or “passenger accommodations” shown. All applications and evidence

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11. 1967 3988 RULES AND REGULATIONS required to be filed with the Commission prior to the effective date of said similar concern found acceptable to the shall be in English, and any monetary termination or cancellation. No such Commission; terms shall be expressed in terms of U.S. termination or cancellation shall become (6) A list of all contractual require­ currency. The Commission shall have effective while a voyage is in progress. ments or other encumbrances (and to the privilege of verifying any statements (2) The insolvency or bankruptcy of whom the applicant is bound in this re­ made or any evidence submitted under the assured shall not constitute a de­ gard) relating to the maintenance of the rules of this subpart. fense to the insurer as to claims in­ working capital and net worth; (c) The application shall be signedcluded in said evidence of insurance and (7) All financial statements required by a duly authorized officer or repre­ in the event of said insolvency or bank­ to be submitted under this section shall sentative of the applicant with a copy of ruptcy the insurer agrees to pay any un­ be due within a reasonable time after evidence of his authority. In the event satisfied final judgments obtained on the close of each pertinent accounting of any material change in the facts as re­ such claims. period; flected in the application, an amendment (3) No insurance shall be acceptable (8) Such additional evidence of finan­ to the application shall be filed no later under these rules which restricts the cial responsibility as the Commission than five (5) days following such change. liability of the insurer where privity of may deem necessary in appropriate cases. For the purpose of this subpart, a ma­ the owner or charterer has been shown § 540.6 Surety bonds. terial change shall be one which (1) re­ to exist. (4) Subpargraphs (1) through (3) of (a) Where financial responsibility is sults in a decrease in the amount sub­ not established under § 540.5, a surety mitted to establish financial responsibil­ this paragraph shall apply to the guar­ anty as specified in paragraph (c) of bond shall be filed on Form FMC-132A. ity to a level below that required to be Such surety bond shall be issued by a maintained under the rules of this sub­ this section. (b) Filing with the Commission evi­ bonding company authorized to do bus­ part, or (2) requires that the amount to iness in the United States and acceptable be maintained bei* increased above the dence of an escrow account, acceptable to the Commission, for indemnification to the Commission for indemnification of amount submitted to establish financial passengers in the event of nonperform­ responsibility. Notice of the application of passengers in the event of nonper­ formance of water transportation. ance of water transportation. for, issuance, denial, revocation, suspen­ (b) In the case of a surety bond which sion, or modification of any such Certifi­ (c) Filing with the Commission a guaranty on Form FMC-133A, by a is to cover all passenger operations of cate shall be published in the F ederal the applicant subject to these rules, such R egister. guarantor acceptable to the Commission, for indemnification of passengers in bond shall be in an amount calculated § 540.5 Insurance, guaranties, escrow the event of nonperformance of water as in the introductory text of § 540.5. accounts, and self-insurance. transportation. (c) In the case of a surety bond which Except as provided in § 540.9(j), the (d) Filing with the Commission for is to cover an individual voyage, such amount of coverage required under this qualification as a self-insurer such evi­ bond shall be in an amount determined section and § 540.6(b) shall be in an dence acceptable to the Commission as by the Commission, to equal the gross amount determined by the Commission will demonstrate continued and stable passenger revenue for that voyage. to be no less than 110 percent of the un­ passenger operations over an extended (d) The liability of the surety under earned passenger revenue of the appli­ period of time in the foreign or domestic the rules of this subpart to any passenger cant on the date within the 2 fiscal years trade of the United States. In addition, shall not exceed the amount paid by any immediately prior to the filing of the ap­ applicant must demonstrate financial such passenger. Provided, however, no plication which reflects the greatest responsibility by maintenance of work­ such bond shall be terminated while a amount of unearned passenger revenue: ing capital and net worth each in an voyage is in progress. Provided, however, That the Commis­ amount calculated as in the introductory § 540.7 Evidence of financial responsi­ sion for good cause shown may consider text of this section. The Commission bility. V a time period other than the previous will take into consideration all current Where satisfactory proof of financial 2 fiscal year requirement in this section contractual requirements with respect responsibility has been given or a satis­ or other methods acceptable to the Com­ to the maintenance of such working factory bond has been provided, a Cer­ mission to determine the amount of capital and/or net worth to which the tificate (Performance) covering specified coverage required. Evidence of adequate applicant is bound. Evidence must be vessels shall be issued evidencing the financial responsibility for the purposes submitted that the working capital and Commission’s finding of adequate finan­ of this subpart may be established by net worth required above is physically cial responsibility to indemnify passen­ one of the following methods: located in the United States. This evi­ gers for nonperformance of water trans­ (a) Filing with the Commission evi­ dence of financial responsibility shall be portation. The period covered by the dence of insurance, issued by an insurer, supported by and subject to the follow­ Certificate (Performance) shall be in­ providing coverage for indemnification ing which are to be submitted on a con­ determinate, unless a termination date tinuing basis for each year or portion of passengers in the event of the non­ has been specified thereon. performance of water transportation. thereof while the Certificate (Perform­ ance) is in effect: § 540.8 Denial, revocation, suspension, (1) Termination or cancellation of or modification. the evidence of insurance, whether by (1) A current quarterly balance sheet: the assured or by the insurer, and Provided, however, The Commission for (a) Prior to the denial, revocation, whether1 for nonpayment of premiums, good cause shown may require only an ’ suspension, or modification of a Cer­ calls or assessments or for other cause, annual balance sheet; tificate (Performance), the Commission shall not be effected (i) until notice in (2) A current quarterly statement of shall advise the applicant of its inten­ writing has been given to the assured income and surplus: Provided, however, tion to deny, revoke, suspend, or modify or to the insurer and to the Secretary of The Commission for good cause shown and shall state the reasons therefor. If the Commission at its office, 1321 H may require only an annual statement the applicant, within 20 days after the Street NW., Washington, D.C. 20573, by of income and surplus; receipt of such advice, requests a hearing certified mail, and (ii) until after 30 (3) An annual current balance sheet to show that the evidence of financial re­ days expire from the date notice is ac­ and an annual current statement of in­ sponsibility filed with the Commission tually received by the Commission, or come and surplus to be certified by ap­ does meet the rules of this subpart, such until after the Commission revokes the propriate certified public accountants; hearing shall be granted by the Commis­ Certificate (Performance), whichever (4) An annual current statement of sion: Provided, however, That a Cer­ occurs first. Notice of termination or the book value or current market value tificate (Performance) shall become null cancellation to the assured or insurer of any assets physically located within and void upon cancellation or termina­ shall be simultaneous to such notice the United States together with a certifi­ tion of the surety bond, evidence of insur­ given to the Commission. The insurer cation as to the existence and amount of ance, guaranty, or escrow account. shall remain liable for claims covered by any encumbrances thereon; (b) A Certificate (Performance) may said evidence of insurance arising by (5) An annual current credit rating be denied, revoked, suspended, or modi­ virtue of an event which had occurred report by Dun and Bradstreet or any fied for any of the following reasons:

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3989

(1) Making any willfully false state­ with the first 6-month period of the fis­ (c) Trade name or names used: ment to the Commission in connection cal year immediately subsequent to the 2. (a) State applicant’s legal form of or­ with an application for a Certificate date of the issuance of the Certificate ganization, i.e. whether operating as an in­ dividual, corporation, partnership, associa­ (Performance) ; (Performance). In addition, the state­ tion, joint stock company, business trust, (2) Circumstances whereby the party ments will be due within 30 days after or other organized group of persons (whether does not qualify as financially respon­ the close of every such 6-month period. incorporated or n ot), or as a receiver, trustee, sible »in accordance with the require­ (i) Vessels operated by the Panama or other liquidating agent, and describe cur­ ments of the Commission; Canal Company are exempted from the rent business activities and length of time (3) Failure to comply with or respond provisions of the rules of this subpart. engaged therein. to lawful inquiries, rules, regulations or (j) The amount of (1) insurance as (b) If a corporation, association, joint stock company, business trust, or other or­ orders of the Commission pursuant to specified in § 540.5(a) ; (2) the escrow ganization, give: the rules of this subpart. account as specified in § 540.5(b) ; (3) Name of State or country in which in­ If the applicant, within 20 days after the guaranty as specified in §540.5(c); corporated or organized. notice of the proposed denial, revoca­ or (4) the surety bond as specified in Date of the incorporation or organization. tion, suspension, or modification, re­ §540.6 shall not be required to exceed (c) If a partnership, give name and address 5 million dollars. of each partner: quests a hearing to show that such 3. Give following information regarding denial, revocation, suspension, or modifi­ Effective date. To enable the Com­ any person or company controlling, con­ cation should not take place, such hear­ mission to process applications and ac­ trolled by, or under common control with you ing shall be granted by the Commission. complish certification of financial re­ (answer only if applying as a self-insurer under Part II or Part III). § 540.9 Miscellaneous. sponsibility by May 5, 1967, as required by Public Law 89-777, the Commission (a) If any evidence filed with the ap­ is of the opinion that good cause exists Business and plication does not comply with the re­ for these rules to be effective less than Name Address relationship quirements of this subpart, or for any 30 days after publication. Accordingly, to you reason fails to provide adequate or satis­ these rules shall become effective on factory protection to the public, the April 5,1967. Commission will notify the applicant No t e : The reporting requirements co n ­ stating the déficiences thereof. tained herein have been approved by the 4. In relation to the passenger transporta­ (b) Any financial evidence submitted Bureau o f the Budget in accordance with tion engaged in by you to or from Ü.S. ports: to the Commission under the rules of the Federal Reports Act of 1942. Do you own all the vessels? □ Yes □ No this subpart shall be written in the full (If “No” indicate the nature of the arrange­ and correct name of the person to whom By order of the Federal Maritime ments under which those not owned by you Commission. are available to you (e.g., bareboat, time, the Certificate (Performance) is to be- voyage, or other charter, or arrangement).) issued, and in case of a partnership, all [seal] T homas L is i, Secretary. 5. Name of each passenger vessel having partners shall be named. Form FMC-131 accommodations for 50 or more passengers (c) The Commission's bond (Form and embarking passengers at Ü.S. ports: FMC-132A), guaranty (Form FMC- F ederal Ma r itim e Co m m issio n W a sh in g ton , D.C. 20573 133A), and application (Form FMC-131) Maximum number forms are hereby incorporated as a part APPLICATION FOR CERTIFICATE OF FINANCIAL Name Country Registration of berth or RESPONSIBILITY of registry No. stateroom of the rules of this sübpart. Any such accommodations forms filed with the Commission under In compliance with the provisions of Pub­ this subpart must be in duplicate. lic Law 89-777 and 46 CFR Part 540, applica­ (d) Any securities or assets accepted tion is hereby made for a Certificate of by the Commission (from applicants, in­ Financial Responsibility (check one or both surers, guarantors, escrow agents, or as applicable) : 6. Submit a copy of passenger ticket or □ for indemnification of passengers for other contract evidencing the sale of pas­ others) under the rules of this subpart nonperformance. □ initial application. senger transportation. must be physically located in the United □ Certificate has previously been applied for 7. Name and address of applicant’s U.S. States. (if so, give date of application and action agent or other person authorized to accept (e) Each applicant, insurer, and guar­ taken thereon). legal service in the United States. antor shall designate a person in the □ to meet liability incurred for death P a r t II—P e r f o r m a n c e United States as his legal agent for serv­ or injury to passengers or other persons. ice of process for the purposes of the □ initial application. □ Certificate has pre­ Answer items 8-15 if applying for Certifi­ viously been applied for (if so, give date of cate of Financial Responsibility for Indem­ rules of this subpart. application and action taken thereon). nification of Passengers for Nonperformance. (f) In the case of any charter ar­ If you are filing evidence of insurance, es­ rangements involving a vessel subject to I nstructions crow account, guaranty, or surety bónd the regulations of this subpart, the ves­ Submit two (2) typed copies of the appli­ under Subpart A of 46 CFR Part 540 and pro­ sel owner (in the event of a subcharter cation to the Secretary, Federal Maritime viding at least five (5) million dollars of the charterer shall file) must within 10 Commission, Washington, D.C. 20573. The coverage you need not answer questions 10- application is in four parts: Part I—General; 15. days file with the Secretary of the Com­ Part II—Performance; Part III—Casualty; 8. If you are providing at least five (5) mission evidence of any such arrange­ and Part IV—Declaration. Applicants must million dollars of coverage, state type of ment. ' answer all questions in Part I and Part IV, evidence and name and address of applicant’s (g) Financial data filed in connection then Parts II and/or Part III as appropriate. insurer, escrow agent, guarantor, or surety with the rules of this subpart shall be Instructions relating to Part II and Part III (as appropriate). confidential except in instances where are contained at the beginning of the respec­ 9. * A Certificate (Performance) is desired tive part. If the information required to for the following proposed passenger voyage information becomes relevant in connec­ be submitted under 46 CFR Part 540 has or voyages: (Give itinerary and indicate tion with hearings which may be re­ been previously submitted under other rules whether the Certificate is for a single voyage, quested by applicant pursuant to § 540.8 and regulations of the Commission, state multiple voyages or all voyages scheduled (a) or (b). when and for what reason such information annually.) (h) Every person who has been issued was submitted. If previously submitted, it a Certificate (Performance) must sub­ is not necessary to resubmit. If additional space is required, supplementary sheets may Vessel Voyage date Voyage itinerary mit to the Commission a semiannual be attached. statement of any changes that have taken place with respect to the informa­ P art I—G eneral tion contained in the application or doc­ ANSWER ALL QUESTIONS 10. Items 11-15 are optional methods; an­ uments submitted in support thereof. 1. (a) Legal business name: swer only the one item which is applicable Negative statements are required to indi­ (b) English equivalent of legal name if cate no change. Such statements must customarily written in language other than *The filing of sailing schedules will be ac­ cover every 6-month period commencing English; ceptable in answer to this question.

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3990 RULES AND REGULATIONS to this application. Check the appropriate (b) Name and address of applicant’s in­ to the benefit of any and all passengers to box below: surer. whom the Principal may be held legally □ Insurance (item 11). 19. (a) Total amount of surety bond. liable for any of the damages herein de­ □ Escrow (item 12). (Bond must be filed with the Federal Mari­ scribed. □ Surety bond (item 13). time Commission before a Certificate (Cas­ Now, therefore, the condition of this obli­ □ Guaranty (item 14). ualty) will be issued.) gation is such that if the Principal shall pay □ Self-insurer (item 15). (b) Name and address of applicant’s or cause to be paid to passengers any suni or 11. (a) Total amount of performance in­ surety for death or injury bond. sums for which the Principal may be held surance which is to be computed in accord­ 20. (a) Total amount of escrow deposit. legally liable by reason of the Principal’s ance with 540.5 of 46 CFR Part 540. (Evi­ (Escrow agreement must be filed with the failure faithfully to provide such transporta­ dence of insurance must be filed with the Federal Maritime Commission before a tion and other accommodations and services Federal Maritime Commission before a Cer­ Certificate (Casualty) will be issued.) in accordance with the ticket contract made tificate (Performance) may be issued..) (b) Name and address of applicant’s by the Principal and the passenger while this (b) Method by which insurance amount escrow agent. bond is in effect for the supplying of trans­ is determined (attach data substantiating 21. (a) Total amount of guaranty. portation and other services pursuant to and that amount is not less than that prescribed (Guaranty must be filed with the Federal in accordance with the provisions of Subpart in 540.5 of 46 CFR Part 540). Maritime Commission before a Certificate A of Part 540 of Title 46, Code of Federal (c) Name and address of applicant’s in­ (Casualty) will be issued.) Regulations, then this obligation shall be surer for performance policy. (b) Name and address of applicant’s void, otherwise, to remain in full force and 12. (a) Name and address of applicant’s guarantor. effect. escrow agent. (Applicants may pledge cash 22. If applicant intends to qualify as a The liability of the Surety with respect to or U.S. Government securities, in lieu of a self-insurer for a Certificate (Casualty) any passenger shall not exceed the passage surety bond, to fulfill the indemnification under 540.24(c) of 46 CFR Part 540, attach price paid by or on behalf of such passenger. provisions of Public Law 89-777.) all data, statements and documentation re­ The liability of the Surety shall not be 12. (b) Total escrow deposit which is to be quired therein. discharged by any payment or succession of computed in accordance with 540.5 of 46 CFR payments hereunder, unless and until such Part 540. (Escrow agreement must be filed P art IV—D eclaration payment or payments shall amount in the with the Federal Maritime Commission be­ This application is submitted by or on aggregate to the penalty of the bond, but in fore a Certificate (Performance) will be behalf of: no event shall the Surety’s obligation here­ issued.) Cash $____ U.S. Government Se­ (a) Name. under exceed the amount of said penalty. curities $____ £ (b) Name and title of official. The Surety agrees to furnish written notice (c) Method by which escrow amount is (c) Home office—Street and number. to the Federal Maritime Commission forth­ determined (attach data substantiating that (d) City. with of all suits filed, judgments rendered, amount is not less than that prescribed by (e) State or country. and payments made by said Surety under 540.5 of 46 CFR Part 540). (f) ZIP Code. this bond. 13. (a) Total amount of surety bond in (g) Principal office in the United States— This bond is effective t h e ___ day of cordance with 540.6 of~ 46 CFR Part 540. Street and number. ______- __, 19__, 12:01 a.m., standard time (The bond must be filed with the Federal (h) City. at the address of the Principal as stated Maritime Commission before a Certificate (i) State. herein and shall continue in force until ter­ (Performance) may be issued.) I declare that I have examined this ap­ minated as hereinafter provided. The Prin­ (b) Method by which bond amount is de­ plication, including accompanying schedules cipal or the Surety may at any time termi­ termined (attach data substantiating that nate this bond by written notice sent by and statements, and to the best of my knowl­ certified mail to the other and to the Federal amount is not less than that prescribed in edge and belief, it is true, correct and com­ 540.6 of 46 CFR Part 540). Maritime Commission at its office in Wash­ plete. (c) Name and address of applicant’s ington, D.C., such termination to become B y ------| ------effective thirty (30) days after actual receipt surety on performance bond. (Signature of official) 14. (a) Total amount of guaranty which of said notice by the Commission. Provided, is to be computed in accordance with 540.5 however, no such termination shall become , (Date) effective while a voyage is in progress. The of 46 CFR Part 540. (Guaranty must be filed Comments: with the Federal Maritime Commission be­ Surety shall not be liable hereunder for any fore a Certificate (Performance) may be Form FMC-132A refunds due under ticket contracts made by the Principal for the supplying of transpor­ issued.) P assenger V e ss e l S u r ety B ond (46 CFR 540) (b) Method by which guaranty amount is tation and other services after the termina­ determined (attach data substantiating that Know all men by these presents, that We tion of this bond as herein provided, but such amount is not less than that prescribed in ____ %______o f ______, ______termination shall not affect the liability of 540.5 of 46 CFR Part 540). (Name of applicant) (City) (State and the Surety hereunder for refunds arising ______as Principal (hereinafter called Prin- from ticket contracts made by the Principal (c) Name and address of applicant’s for the supplying of transportation and other guarantor. county) cipal), and ------.------, a company services prior to the date such termination 15. If applicant intends to qualify as a (Name of surety) becomes effective. self-insurer for a Certificate (Performance) created and existing under the laws of In witness whereof, the said Principal and under 540.5 of 46 CFR Part 540, attach all ______and authorized to do Surety have executed this instrument on the data, statements, and documentation re­ (State and country) ____day o f ______, 19__ quired therein. business in the United States as Surety P r in c ipa l. P art III—Casualty (hereinafter called Surety) are held and Name_____ %__ Ï______firmly bound unto the United States of B y --— - — .— ------ANSWER ITEMS 16-22 IF APPLYING FOR CERTIFI­ America in the penal sum o f ______(Signature and title) CATE OF FINANCIAL RESPONSIBILITY TO MEET ______for which payment, well and truly Witness______LIABILITY INCURRED FOR DEATH OR INJURY TO *to be made, we bind ourselves and our heirs, PASSENGERS OR OTHER PERSONS executors, administrators, successors, and S u r e t y . 16. Name of passenger vessel subject to assigns, jointly and severally, firmly by these [ sea l] Name______section 2 of Public Law 89-777 operated by presents. By— —------you to or from U.S. ports which has largest Whereas the Principal intends to become (Signature and title) number of berth or stateroom accommoda­ a holder of a Certificate (Performance) pur­ Witness______tions. State the maximum number of berth suant to the provisions of Subpart A of Part Only corporations or associations of in­ or stateroom accommodations. 540 of Title 46, Code of Federal Regulations dividual insurers may qualify to act as 17. Amount of death or injury liability and has elected to file with the Federal Mari­ surety, and they must establish to the satis­ coverage based on number of accommoda­ time Commission such a bond to insure fi­ faction of the Federal Maritime Commission tions aboard vessel named in item 16 above, nancial responsibility and the supplying of legal authority to assume the obligations of calculated in accordance with 540.24. transportation and other services subject to surety and financial ability to discharge Subpart A of Part 540 of Title 46, Code of them. ITEMS 18-22 ARE OPTIONAL METHODS; ANSWER Federal Regulations in accordance with the Form FMC-133A ONLY THE ONE ITEM WHICH IS APPLICABLE ticket contract between the Principal and TO TH IS APPLICATION the passenger, and G uaranty in R espec t of L ia b il it y for Non­ 18. (a) Total amount of applicant’s insur­ Whereas this bond is written to assure performance S ectio n 3 of t h e Act ance. (Evidence of the insurance must be compliance by the Principal as an author­ 1. Whereas ______,_as Guar- filed with the Federal Maritime Commission ized holder of a Certificate (Performance) (Name of applicant) before a Certificate (Casualty) will be pursuant to Subpart A of Part 540 of Title 46, antee (Hereinafter referred to as the “Ap­ issued.) Code of Federal Regulations, and shall inure plicant”) is the Owner or Charterer of the

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 RULES AND REGULATIONS 3991

passenger Vessel(s) specified in the an­ Also provided, however, such termination 25,1910 (36 Stat. 847; 43 U.S.C. 141), and nexed Schedule ("the Vessels”), which are shall not affect the liability of the Guaran­ or may become engaged on voyages to or tor for refunds arising from ticket contracts pursuant to Executive Order No. 10355 from United States ports, and the Applicant made by the Applicant for the supplying of of May 26, 1952 (17 F.R. 4831), it is desires to establish its financial responsibil­ transportation and other services prior to ity in accordance with Section 3 of Public the date such termination becomes -effective. ordered as follows: Law 89-777, 89th Congress, approved Novem­ 4. If, during the currency of this Guar­ ber 6, 1966 (“the Act”) then, provided that anty, the Applicant requests that a vessel The Executive orders of December 11, the Federal Maritime Commission (“PMC”) owned and operated by the Applicant, and 1912, June 6, 1914, and June 17, 1920, shall have accepted, as sufficient for that not specified on the annexed Schedule, purpose, the Applicant’s application, sup­ ^should become subject to this Guaranty, creating Powersite Reserves Nos. 324, ported by this Guaranty, and provided that and if the Guarantor accedes to such request 439, and 746, respectively, are hereby re­ FMC shall issue to the Applicant a Certificate and so notifies FMC in writing (including (Performance) (“Certificate”), the under­ telex or cable), then provided that within voked so far as they affect the following signed Guarantor hereby guarantees to dis­ 30 days of receipt of such notice FMC shall described lands: charge the Applicant’s legal liability to in­ have granted a Certificate, such vessel shall demnify the passengers of the Vessels for thereupon be deemed to be one of the Vessels Mo un t D iablo Merid ian nonperformance of transportation within included in the said Schedule and subject to the meaning of Section 3 of the Act, in the this Guaranty. SHASTA NATIONAL FOREST event that such legal liability has not been 5. The Guarantor hereby designates___ discharged by the Applicant within 21 days ------, with offices a t ______Powersite Reserve No. 324 after any such passenger has obtained a ------as the Guarantor’s légal final judgment (after appeal, if any) against agent for service of process for the purposes T. 37N..R. 2 W., the Applicant from a United States Federal of the Rules of the Federal Maritime Com­ Sec. 4, S%NW]4. or State Court of competent jurisdiction, or mission, Subpart A of Part 540 of Title 46, T. 37 N., R. 3 W., has become entitled to payment of a spec­ Code of Federal Regulations issued under Sec. 14, SE14SE14; ified sum by virtue of a compromise set­ section 3 of Public Law 89-777 (80 Stat. 1357, tlement agreement made with the Applicant, 1358), entitled “Security for the Protection Sec. 26, NW&NE14. with the approval of the Guarantor, whereby, of the Public.” upon payment of the agreed sum, the Ap­ Powersite Reserve No. 439 plicant is to be fully, irrevocably and un­ (Place and date of execution) conditionally discharged from all further T. 36 N„ R. 3 W., liability to such passenger for such nonper­ (Type name of guarantor) Sec. 4, lot 3 (NE*4NW]4), SW^NE>4, formance. SE14NW1/4, and W ^SE% ; 2. The Guarantor’s liability under this (Type address of guarantor) Sec. 22, Nwy4Nwy4; Guaranty in respect to any passenger shall B y ------Sec. 28, NW%NE% and NW&. not exceed the amount paid by such pas­ (Signature and title) senger; and the aggregate amount of the Powersite Reserve No. 746 Guarantor’s liability under this Guaranty S ch edule o f V e ss e l s R eferred to in Clause 1 shall not exceed $___ _ T. 38 N ..R.2W ., 3. The Guarantor’s liability under this V e ss e l s Added to T h is S chedule in Sec. 34, SW ^NE^. Guaranty shall attach only in respect of Accordance W it h Clause 4 events giving rise to a cause of action against [F.R. Doc. 67-2723; Filed, Mar. 10, 1967; The areas described aggregate 120 the Applicant, in respect of any of the Ves­ 8:48 a.m.] sels, for nonperformance of transportation acres of national forest lands and 521.08 within the meaning of section 3 of the Act, occurring after the Certificate has been acres of patented lands, all in Shasta granted to the Applicant, and before the ex­ County. The national forest lands are piration date of this Guaranty, which shall Title 43— PUBLIC LANDS: be the earlier of the following dates: either withdrawn for Power Project No. (a) The date whereon the Certificate is INTERIOR 2099, or have previously been restored withdrawn, or for any reason becomes invalid subject to section 24 of the Federal or ineffective, Chapter II— Bureau of Land Manage­ (b) The date 30 days after the date of Power Act of June 10, 1920 (16 U.S.C. receipt by FMC of notice in writing (includ­ ment, Department of the Interior 818), as amended. As to the latter, the ing telex or cable) that the Guarantor has APPENDIX— PUBLIC LAND ORDERS elected to terminate this Guaranty: effect of this order is to relieve the lands Provided, however, That if, on the date [Public Land Order 4175] which would otherwise have been the ex­ [Sacramento 079580] of the provisions of the said section 24. piration date under the foregoing provisions (a) or (b) of this Clause 3, any of the Ves­ CALIFORNIA Harry R . Anderson, sels is on a voyage whereon passengers have Assistant Secretary o f the Interior. been embarked at a United States port, then Powersite Restoration No. 636; Revo­ the expiration date of this Guaranty shall, cation of Powersite Reserves March 7, 1967. in respect of such Vessel, be postponed to the date on which the last passenger on such By virtue of the authority vested in the [F.R. Doc. 67-2700; Filed, Mar. 10, 1967; voyage shall have finally disembarked; President by section 1 of the act of June 8:46 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3992 Proposed Rule Making

Office of the Hearing Clerk during regu­ The order presently provides for the DEPARTMENT OF A6RICULTURE lar business hours. (7 CFR 1.27(b)) withholding from the computation of the uniform price for each of the months of Consumer and Marketing Service Dated: March 8, 1967. April, May, and June an amount equal P aul A. Nicholson, to eight percent of the Class I price [ 7 CFR Part 932 1 Deputy Director, Fruit and multiplied by the total hundredweight of OLIVES GROWN IN CALIFORNIA Vegetable Division, Consumer producer milk. One-third of the total and Marketing Service. amount withheld is then added in com­ Handler Nominees [F.R. Doc. 67-2718; Filed, Mar. 10, 1967; puting uniform prices for each of the 8:48 a.m.] months of September, October, and No­ Notice is hereby given that the Depart­ vember for “pay-back” to producers ment is considering a proposed amend­ delivering milk to regulated plants in ment, as hereinafter set forth, to the [ 7 CFR Part 1047 ] these months. The purpose of the sea­ rules and regulations (Subpart—Rules sonal incentive price plan is to induce and Regulations; 7 CFR 932.108-932.154; [Docket No. AO 33-A35] dairy farmers on the market to increase 31 F.R. 12635) currently effective pur­ MILK IN FORT WAYNE, IND., fall production in relation to spring pro­ suant to the applicable provisions of the MARKETING AREA duction, thus encouraging a more even marketing agreement and order 932 (7 pattern of milk deliveries throughout the CFR Part 932), regulating the handling Notice of Recommended Decision year. of olives grown in California. This is a and Opportunity To File Written Two cooperative associations, repre­ regulatory program effective under the senting a large majority of the producers Agricultural Marketing Agreement Act Exceptions on Proposed Amend­ ments to Tentative Marketing on the market, proposed the reduction of 1937, as amended (7 U.S.C. 601-674). in the rate of “take-out” during the The amendment to the said rules and Agreement and to Order months of April, May, and June adopted regulations was proposed by the Olive Administrative Committee, established Pursuant to the provisions of the herein. Proponents stated it is impera­ Agricultural Marketing Agreement Act tive that the seasonal price differences under the said marketing agreement and between this market and other Federal order as the agency to administer the of 1937, as amended (7 U.S.C. 601 et seq.), and the applicable rules of practice order markets in Ohio be reduced by terms and provisions thereof. changing the rate of withholding under The amendment would modify the and procedure governing the formula­ provisions of § 932.29(b) (7) to provide tion of marketing agreements and mar­ the seasonal incentive plan. Proponents that two nominees for handler member keting orders (7 CFR Part 900), notice of the reduced rate of “take-out,” how­ and two nominees for handlers alternate is' hereby given of the filing with the ever, proposed no change in the division member positions on the committee may Hearing Clerk of this recommended of the accumulated funds over the three be affiliated with the same handler. decision with respect to proposed amend­ “pay-back” months. Current provisions of such section pro­ ments to the tentative marketing agree­ Proponents pointed out that producers vide that not more than one nominee for ment and order regulating the handling leave, or may be removed from, the mar­ member and one nominee for alternate of milk in the Fort Wayne, Ind., market­ ket in April, May, and June to avoid the member may be so affiliated. The com­ ing area. high rate of “take-out” and return to the mittee reports that due to mergers which Interested parties may file written ex­ market during the “pay-back” months have taken place there are now only ceptions to this decision with the Hearing of September, October, and November. three cooperative olive handlers in the Clerk, U.S. Department of Agriculture, This shifting is possible, in part, because industry, and the proposed action is Washington, D.C. 20250, by the third day one of the cooperatives has producer necessary to permit nominations of per­ after publication of this decision in the members shipping to at least three Fed­ sons to fill the four handler member F ederal R egister. ~ The exceptions eral order markets. It was proponents’ and four handler alternate member po­ should be filed in quadruplicate. All position that unless the rate is reduced sitions assigned to cooperative handlers, written submissions made pursuant to the unsettling disturbances to market under the order. this notice will be made available for supplies caused during the past year by The proposed amendment is as public inspection at the office of the the shifting of producers from market to follows: ' Hearing Clerk during regular business market would continue. hours (7 CFR 1.27(b)). Proponents object to continuing the § 932.160 Modification of provisions rel­ Preliminary statement. The hearing rate of “take-out” as a percentage of the ative to handler nominees. on the record of which the proposed Class I price because the Class I price has The provisions of § 932.29(b) (7) are amendments, as hereinafter set forth, to increased in recent periods, thus increas­ modified to provide that not more than the tentative marketing agreement and ing the “take-out,” and because of the two nominees for member and two nomi­ to the order as amended, were formu­ uncertainty of the amount to be involved. nees for alternate member positions on lated, was conducted at Fort Wayne, Ind., - It was their position that sufficient im­ the committee may be affiliated with the on February 9, 1967, pursuant to notice provement in the seasonal production of same handler. thereof. which was issued January 27, milk has been accomplished to warrant All persons who desire to submit writ­ 1967 (32 F.R. 1132). some reduction in the rate of “take-out.” ten data, views, or arguments for con­ The material issue on the record of In addition, they contended that there sideration in connection with the pro­ the hearing relates to a proposed reduc­ would be added price stability from fix­ posal may file the same, in quadruplicate, tion in the rate of “take-out” prescribed ing a definite amount to be deducted with the Hearing Clerk, U.S. Department in the “Louisville plan” of seasonal from producers’ blend prices in the three of Agriculture, Room 112, Administra­ pricing. “take-out” months, thus aiding produc­ tion Building, Washington, D.C. 20250, Findings and conclusions. The Louis­ ers in future production plans. They not later than the 7th day after publica­ ville seasonal pricing plan “take-out” pointed out also that the proposed rate tion of the notice in the F ederal R eg­ rate should be reduced to 20 cents per is similar to that under the Louisville ister. All written submissions made hundredweight of producer milk in April plans for the Dayton-Springfield and pursuant to this notice will be made and 25 cents for each of the months of Greater Cincinnati markets and that the available for public inspection at the May and June. reduced rate proposed would result in

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 PROPOSED RULE MAKING 399» improved price relationships with these Northeastern Ohio blend price of $4.53, Indiana order and from a second farm to and other neighboring markets. Dayton-Springfield $4.37, Greater Cin­ a plant regulated by the Fort Wayne The cooperatives’ proposed rate of cinnati $4.29, and Northwestern Ohio order recommended elimination of the “take-out” of 2 0 cents per hundred­ $4.65. Under normal operation of pres­ Louisville plan. In support of his pro­ weight of producer milk in April and 25 ent order provisions, the Fort Wayne posal, he compared seasonal production cents in May and June should be adopted. blend price would have averaged $4.19 changes and producer numbers on the The 13 Indiana counties of the in April-June 1966. However, the blend Southern Michigan market to those of Port Wayne supply area are a common price actually averaged $4.32 for such the Fort Wayne market. milk supply area for at least eight Fed­ 3 months in 1966 because the “take-out” There was no evidence that any sub­ eral order markets. Thus, there is con­ was suspended for the month of April stantial number of producers in the Fort siderable overlapping of the Fort Wayne in 1966 thus increasing the price in such Wayne production area ship to plants supply area with those of other markets. months. While hauling rates to these regulated by the Southern Michigan or­ Eleven of the same 13 counties also are various markets from the Fort Wayne der or that the two markets strongly part of the Fort Wayne marketing area. area differ somewhat, it can be expected compete for supplies. Moreover, the sit­ The rather uniform health requirements that the resulting blend prices will re­ uation in the Southern Michigan mar­ in these competing markets, together sult in a more stable supply situation ket is significantly different from the with improved roads and transportation in the Fort Wayne market. Fort Wayne market since for many years facilities for moving milk over greater Very similar blend price relationships the Southern Michigan market has em­ distances, have made it readily possible among these markets would have pre­ ployed a base-excess plan of payment to for dairy farmers to shift, or be shifted, vailed for the corresponding three producers to accomplish evenness of pro­ among these markets, often on a tempo­ months of 1965, under the same condi­ ducer deliveries throughout the year. rary basis, to obtain the highest price tions. Under the amendment adopted This comparison of markets using dif­ for their milk. herein the Fort Wayne blend price would ferent seasonal pricing plans does not During the five-year period (1961-65) have averaged $3.83 as compared to the provide sufficient indication that the the rate of “take-out” approximated 35 Northeastern Ohio blend price of $3.95, Louisville plan is no longer a necessary cents per hundredweight of milk for each Dayton-Springfield $3.98, Greater Cin­ feature of pricing in the Fort Wayne of the months of April, May, and June. cinnati $3.79, and Northwestern Ohio market. The proposal to eliminate the The rate of “take-out” in May and June $3.99. The announced Fort Wayne blend plan, therefore, is denied. 1966 averaged about 39 cents, and at prices for such months averaged $3.71. Proponent cooperatives proposed that present Class I price levels could reach Thus, the proposed lesser “take-out” the reduced rate of “take-out” should ap­ 44 cents in April, May, and June 1967. rate would have brought the Fort Wayne ply also for those dairy farmers deliver­ It is apparent that these relatively high blend into closer relationship to the ing milk to any partially regulated rates of “take-out” contribute to sub­ other markets. handler who elects, as provided by the stantial differences in blend prices Since the recommended rate of “take­ order, to pay such dairy farmers the full among the several markets not strictly out” will result in a reduction in accu­ classified use value of his milk. related to differences in market utiliza­ mulated funds during the spring “take­ The cooperatives’ representative stated tion or the relative needs of the markets out” period, it will result in a lesser that there has been no change in the for milk supplies. They constitute an amount paid back during the fall basis for applying the Louisville plan in inducement to the Fort Wayne producer months. Under the amendment adopt­ such instances as set forth in the Assist­ or his organization to shift milk among ed the rate of “pay-back” per hundred­ ant Secretary’s April 30, 1962, decision markets on a month-to-month basis in weight of producer milk for the months (27 F.R. 4282), official notice of which an effort to maximize returns. There of September, October and ¿November is taken. This decision adopted identi­ is reason to believe also that, to some 1966 would have closely approximated cal rates of “take-out” for dairy farm­ extent at least, the higher rate of with­ the actual average of 24 cents per hun­ ers delivering milk to both partially reg­ holding in Fort Wayne has provided a dredweight paid to producers for such ulated and fully regulated handlers. significant procurement advantage for months inasmuch as the “take-out” pe­ It was the cooperatives’ position that this Northeastern Ohio and Greater Cincin­ riod was limited to May and June 1966, situation warrants continuation of simi­ nati order handlers in the “take-out” through suspension of this provision for lar treatment even though the rate of months. April 1966. “take-out” is reduced. It is concluded, While the major objective of the Louis­ If the proposed amendments had been therefore, that the rate of “take-out” as ville plan is not to establish intermarket effective during the three “pay-back” proposed by the proponent cooperatives alinement of blend prices, it should not should apply also for the partially regu­ months of September, October, and No­ lated handler. be permitted to cause such misalinement vember, 1966, the average blend price of blend prices that uneconomic move­ Rulings on proposed findings and con­ would have been $5.49 as compared to clusions. The period from the close of ments will take place or that it will tend the Northeastern Ohio blend price of to diminish needed market supplies. Re­ the hearing through February 20, 1967, $5.43, Dayton-Springfield $5.77, Greater was allowed for the filing of briefs. None duction of the “take-out” rate will better Cincinnati $5.61, and the Northwestern enable this market to retain the neces­ were filed. Ohio $5.38. Under the present order General findings. The findings and sary year-round supplies of milk. At the provisions and in the absence of the sus­ present time, supplies and sales are rea­ determinations hereinafter set forth are pension of the “take-out” in April 1966, supplementary and in addition to the sonably related, as indicated by the aver­ the blend price would have averaged age utilization of producer milk in Class findings and determinations previously $5.62. made in connection with the issuance of I milk of 73 percent for 1966. (Official Quite similar blend price relationships notice is taken of the Market Adminis­ the aforesaid order and of the previously among these markets would have pre­ issued amendments thereto; and all of trator’s statistical announcement for vailed for the same three months of December 1966.) said previous findings and determina­ 1965. The Fort Wayne blend price would tions are hereby ratified and affirmed, ■Die blend prices resulting from more have averaged about $4.56, as compared except insofar as such findings and de­ uniform amounts of seasonal price to the Northeastern Ohio blend price of terminations may be in conflict with the changes provided under the several or­ $4.49, Dayton-Springfield $4.79, Greater findings and determinations set forth ders in this area also will give producers Cincinnati $4.81, and Northwestern Ohio herein. in the overlapping supply areas a clearer $4.47. The announced Fort Wayne (a) The tentative marketing agree­ guide as to the market where the need blend prices for such months averaged ment and the order, as hereby proposed for milk is greatest. Thus, orderly mar­ $4.70. keting conditions will be promoted. to be amended, and all of the terms and There were no proposals to maintain conditions thereof, will tend to effectu­ Had the proposed rate of “take-out” the present rate of deduction under the ate thejdeclared policy of the Act; been effective, the average blend price Louisville plan. However, one dairy (b) The parity prices of milk as deter­ for April, May, and June 1966 would farmer shipping milk from one farm to mined pursuant to section 2 of the Act have been $4.35 as compared to the a plant regulated by the Northwestern are not reasonable in view of the price

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 No. 48------5 3994 PROPOSED RULE MAKING of feeds, available supplies of feeds, and amounts: 20 cents in April and 25 cents the consent of his representative, or in other economic conditions which affect in May and June: which, as a matter of professional judg­ market supply and demand for milk in ***** ment exercised in the best interest of a particular patient under the investiga­ the marketing area, and the minimum Signed at Washington, D.C., on March prices specified in the proposed market­ tor’s care, it would be contrary to that 7,1967. patient’s welfare to obtain his consent. ing agreement and the order, as hereby Clarence H. G irard, proposed to be amended, are such prices Deputy Administrator, (e) “Patient” means a person under as will reflect the aforesaid factors, in­ Regulatory Programs. treatment. sure a sufficient quantity of pure and (f) “Not feasible” is limited to cases wholesome milk, and be in the public in­ fP.R. Doc. 67-2719; Piled, Mar. 10, 1967; 8:48 a.m.] where the investigator is not capable of terest; and obtaining consent because of inability to (c) The tentative marketing agree­ resentative; for example, where the pa­ ment and the order, as hereby proposed tient is in a coma or is otherwise in­ to be amended, will regulate the handling capable of giving informed consent, his of milk in the same manner as, , and will DEPARTMENT OF HEALTH, EDUCA­ representative cannot be reached, and it be applicable only to persons in the re­ is imperative to administer the drug spective classes of industrial and com­ TION, AND WELFARE without delay. mercial activity specified in, a marketing Food and Drug Administration (g) “Contrary to the best interests of agreement upon which a hearing has such human beings” applies when the been held. [ 21 CFR Part 130 1 communication of information to obtain Recommended marketing agreement CONSENT FOR USE OF INVESTIGA­ consent would seriously affect the pa­ and order amending the order. The fol­ TIONAL NEW DRUGS ON HUMANS tient’s well-being and the physician has lowing order amending the order as exercised a professional judgment that amended regulating the handling of milk Proposed Revision of Statement of under the particular circumstances of in the Port Wayne, Ind., marketing area Policy this patient’s case, the patient’s best in­ is recommended as the detailed and ap­ terests would suffer if consent were propriate means by which the foregoing Pursuant to the provisions of the Fed­ sought. conclusions may be carried out. The eral Food, Drug, and Cosmetic Act (secs. (h) “Consent” means that the person recommended marketing agreement is 505 (i), 701(a), 52 Stat. 1053, as amended, involved has legal capacity to give con­ not included in this decision because the 1055; 21 U.S.C. 355(i), 371(a)), and un­ sent, is so situated as to be able to exer­ regulatory provisions thereof would be der the authority delegated to the Com­ cise free power of choice, and is provided the same as those contained in the order, missioner of Food and Drugs by the Sec­ with a fair explanation of pertinent in­ as hereby proposed to be amended: retary of Health, Education, and Wel­ formation concerning the investigational 1. In § 1047.62(b) <1),~'the first pro­ fare (21 CFR 2.120), and in consonance drug, and/or his possible use as a control, viso of subdivision (i) (b) is changed and with the Declaration of Helsinki adopted as to enable him to make a decision as to paragraph (b) (2 ) is changed to read as by the World Medical Association, and his willingness to receive said investi­ follows; the “Ethical Guidelines for Clinical In­ gational drug. This latter element vestigation” adopted by the House of means that before' the acceptance of an § 1047.62 Obligations of handler oper­ Delegates of the American Medical As­ ating a partially regulated distribut­ affirmative decision by such person the sociation, it is proposed that § 130.37 be investigator should carefully consider ing plant. revised to read as follows: and make known to him (taking into con­ ***** § 130.37 Consent for use of Investiga­ sideration such person’s well-being and (b) * * * tional New Drugs (IND) on humans; his ability to understand) the nature, ex­ * * * pected duration, and purpose of the ad­ * * * statement of policy. (a) Section 505 (i) of the act provides ministration of said investigational drug ; (b) * * * that regulations on use of investigational the method and means by which it is to Provided, That for each of the months new drugs on human beings shall impose be administered; the hazards involved; of April, May, and June an amount the condition that investigators “obtain the existence of alternative forms of computed by multiplying the total hun­ the consent of such human beings or therapy, if any; and the beneficial effects dredweight of milk received from dairy their representatives, except where they upon his health or person that may pos­ farmers at such plant by the following deem it not feasible or, in their profes­ sibly come from the administration of amounts: 20 cents in April and 25 cents sional judgment, contrary to the best the investigational drug. in May and June, shall be subtracted interests of such human beings.” When consent is necessary under the from the amount computed pursuant to (b) This means that the consent of rules set forth in this section, the consent this subdivision: such human beings (or the consent of of persons receiving an investigational ***** their representatives) to whom investi­ new drug in Phase 1 1 and Phase 2 1 in­ (2) On or before the 17th day after gational drugs are administered pri­ vestigations (or their representatives) the end of each of the months of April, marily for the accumulation of scien­ shall be in writing. When consent is May, and June for the producer-settle­ tific knowledge, for such purposes as necessary under such rules in Phase 3 1 ment fund an amount computed by mul­ studying drug behavior, body processes, investigations, it is the responsibility of tiplying the total hundredweight of milk or the course of a disease, must be ob­ investigators, taking into consideration received from dairy farmers at such tained in all cases and, iri all but excep­ the physical and mental state of the pa­ plant by the following amounts: 2 0 tional cases, the consent of patients un­ tient to decide when it is necessary or cents in April and 25 cents in May and der treatment with investigational drugs, preferable to obtain consent in other June; or the consent of their representatives, than written form. When such written must be obtained. consent is not obtained, the investigator ***** (c) “Under treatment” applies when must obtain oral consent and record that 2. In § 1047.71, paragraph (h) is the administration of the investigational fact in the medical record of the person changed to read as follows: drug for diagnostic, therapeutic, or other receiving the drug. purpose involves medical judgment, tak­ Any interested person may, within 30 § 1047.71 Computation of uniform ing into account the individual circum­ prices. days from the date of publication of this stances pertaining to the patient to notice in the F ederal R egister, file with ***** whom the investigational drug is to be the Hearing Clerk, Department of Health, (h) Subtract from the remainder foradministered. Education, and Welfare, Room 5440, 330 each of the months of April, May, and (d) “Exceptional cases,” as used in June an amount computed by multiply­ paragraph (b) of this section, are those relatively rare cases in which it is not 1 As discussed in item 10 of Form FD 1571 ing the total hundredweight of producer which Form is ~set forth in § 130.3 (a) (2). milk for such month by the following feasible to obtain the patient’s consent or

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH H , 1967 PROPOSED RULE MAKING 3995

Independence Avenue SW., Washington, ing license issuance fee and annual fee § 40.31 Applications for specific licenses. D.C. 20201, written comments, preferably payable each year after issuance of the ***** in quintuplicate, on this proposal. Com­ operating license. No separate fees ments may be accompanied by a mem­ would be assessed for licensing of nuclear (f) Each application for a source ma­ orandum or brief in support thereof. material incidental to the operation of terial license, other than a license ex­ empted from Part 170 of this chapter, Dated: March 9, 1967. a facility, or for facility operator li­ censes under 10 CFR Part 55. The filing and other than an application for re­ J ames L. Goddard, fee would be payable in full at the time newal or amendment of a license, shall Commissioner o f Food and Drugs. of filing the application. Construction be accompanied by the fee prescribed in Part 170 of this chapter. [F.R. Doc. 67-2788; Filed, Mar. 10, 1967; permit fees and operating license fees 8:48 am .] would be payable when the first author­ 3. Section 50.30 of 10 CFR Part 50 is ization is received; i.e., the provisional amended by adding a new paragraph (d) construction permit or operating license. to read as follows: Annual fees would be payable 1 year § 50.30 Filing of applications for li­ ATOMIC ENERGY COMMISSION after the issuance of any provisional censes, oath or affirmation. operating license, or in the case of a I 10 CFR Parts 30, 40, 50, 70, 170 1 facility for which an operating license * * * * * FACILITY AND MATERIALS LICENSES has already been issued, 1 year after the (d) Filing fees. Each application for effective date of Part 170 and annually a production or utilization facility li­ Proposed Fees thereafter. cense, including whenever appropriate, a construction permit, other than a li­ The Atomic Energy Commission is Materials license fees. Fees are pro­ posed for specific byproduct, source, cense exempted from Part 170 of this proposing to establish fees for facility chapter, shall be accompanied by the fee construction permits and operating li­ and special nuclear materials licenses issued pursuant to 10 CFR Parts 30, prescribed in Part 170 of this chapter. censes issued under 10 CFR Part 50 and No fee will be required to accompany an for specific byproduct, source, and spe­ 32-35, 40, and 70. For new licenses, ap­ plication fees would be payable at the application for renewal, amendment or cial nuclear materials licenses issued termination of a construction permit or under 10 CFR Parts 30, 32-35, 40, and 70. time of filing of the application. An­ nual fees would be payable 1 year after operating license, except as provided in The Commission is proposing the es­ § 170.21 of this chapter. tablishment of fees for its facility and the issuance of the license, or in case materials licenses which it believes to of outstanding licenses, 1 year after the 4. Section 70.21 of 10 CFR Part 70 is be reasonable and compatible with the effective date of Part 170 and annually amended by adding a new paragraph (f) Commission’s responsibility for fostering thereafter. Exemptions are provided to read as follows: the development of nuclear energy. The for licenses for material incidental to the operation of a facility, as indicated § 70.21 Filing. fees are set out below in a proposed new ***** Part 170. Amendments to Parts 30, 40, above, for licenses for export or import 50, and 70 to reflect the proposed appli­ only of byproduct, source, or special nu­ (f) Each application for a special nu­ cation filing fee requirements are also clear materials and for certain licenses clear material license, other than a li­ proposed. The fees would apply to held by educational institutions. cense exempted from Part 170 of this specific licenses but not to general Pursuant to the Atomic Energy Act of chapter, and other than an applica­ 1954, as amended, and the Administra­ licenses at the present time.1 tion for renewal or amendment of a The Commission is proposing applica­ tive Procedure Act of 1946, as amended, license, shall be accompanied by the fee tion filing fees, license issuance fees, and notice is hereby given that adoption of prescribed.in Part 170 of this chapter. the following amendments of 10 CFR annual fees for both facility and ma­ 5. Chapter I of Title 10 of the Code terials licenses. With respect to both Parts 30, 40, 50, and 70 and of the fol­ lowing new 10 CFR Part 170 is contem­ of Federal Regulations is amended by facility and materials licenses, if a single adding a new Part 170 to read as follows: application covers more than one facility, plated. All interested persons who de­ or class of licensed material, only a single sire to submit written comments or PART 170— FEES FOR FACILITIES AND application fee need be paid. However, suggestions in connection with the pro­ MATERIALS LICENSED UNDER THE if more than one license is issued in re­ posed amendments and regulation should send them to the Secretary, U.S. ATOMIC ENERGY ACT OF 1954, AS sponse to an application, the applicable AMENDED fees for each license will be assessed. Atomic Energy Commission, Washing­ License issuance and annual fees for ton, D.C. 20545, within 60 days after G eneral P ro visio n s publication of this notice in the F ederal Sec. both facilities and materials would be 170.1 deemed as assessed for licensing serv­ R egister. Comments received after Purpose. that period will be considered if it is 170.2 Scope. ices to be performed by the Commission 170.3 Definitions: and paid for at.th e beginning of the practicable to do so, but assurance of consideration cannot be given except as 170.4 Interpretations. year in which they are rendered. No 170.5 Communications. refunds would be made if the license to comments filed within the period spec­ 170.11 Exemptions. terminates before the expiration of the ified. Copies of comments on the pro­ 170.12 Payment of fees. posed rule may be examined at the Com­ year. S chedule o p F e es Facility license fees. Fees are pro­ mission’s Public Document Room at 1717 posed for all facility construction per­ H Street NW., Washington, D.C. 170.21 Schedule of fees for production and 1. Section 30.32 of 10 CFR Part 30 is utilization facilities. mits and operating licenses under Part 170.31 Schedule of fees for materials li­ 50 of the Commission’s rules and regula­ amended by adding a new paragraph (e) censes. tions. excePt for licenses to export to read as follows: E n fo rc em en t facilities and for certain licenses held § 30.32 Applications for specific licenses. by educational institutions. The follow­ 170.41 Failure by licensee to pay annual ***** ing types of fees would be required: (1 ) fees. A fee for filing an application for a (e) Each application for a byproduct Au t h o r it y : The provisions of this Part 170 construction permit; (2 ) a construction material license, other than a license issued under sec. 501, 65 Stat. 290; sec. 161, permit issuance fee, and (3) an operat- exempted from Part 170 of this chapter, 68 Stat. 948; 42 U.S.C. 2201. and other than an application for re­ General P rovisions 1 Specific licenses are issued to named per­ newal or amendment of a license, shall sons upon applications filed pursuant to the be accompanied by the fee prescribed in § 170.1 Purpose. regulations in Parts 30, 32-36, 40, 50, and Part 170 of this chapter. 70 of this chapter. General licenses are The regulations in this part set out enectlVB without the filing of applications 2. Section 40.31 of 10 CFR Part 40 is fees charged for licensing services ren­ witr\ the Commission or the issuance of amended by adding a new paragraph (f) dered by the Atomic Energy Commission, icening documents to particular persons. to read as follows: as authorized under Title V of the In-

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3996 PROPOSED RULE MAKING (2) Any material artificially enriched dependent Offices Appropriation Act of facility as defined by paragraph (1) of this section. by any of the foregoing, but does not in­ 1952 (65 Stat. sec. 290), and provisions clude source material. regarding their payment. (h) “Sealed source” means any by­ product material that is encased in a (k) “Special nuclear material in § 170.2 Scope. capsule designed to prevent leakage or quantities sufficient to form a critical Except for persons who apply for or escape of the byproduct material. mass” means uranium enriched in the hold the licenses exempted in § 170.11, (i) “Source material” means: isotope U-235 in quantities in excess of the regulations in this part apply to each (1) Uranium or thorium, or any com­ 350 grams of contained U-235; uranium person who is an applicant for or holder bination thereof, in any physical or 233 in quantities in excess of 2 0 0 grams; of a specific license issued pursuant to chemical form or plutonium in quantities in excess of 2 0 0 Parts 30, 32-36, 40, 50, and 70 of this (2) Ores which contain by weight one- grams, or any combination of them in accordance with the following formula: chapter. twentieth of 1 percent (0.05%) or more of Ii) uranium, (ii) thorium, or (iii) any For each kind of special nuclear material, § 170.3 Definitions. combination thereof. determine the ratio between -the quan­ tity of that special nuclear material and As used in this part: Source material does not include special (a) “Byproduct material” means any nuclear material. the quantity specified above for the same radioactive material (except special nu­ (j) “Special nuclear material” means: kind of special nuclear material. The clear material) yielded in or made radio­ (1) Plutonium, uranium 233, uranium sum of such ratios for all kinds of spe­ active by exposure to the radiation in­ enriched in the isotope 233 or in the iso­ cial nuclear materials in combination cident to the process of producing or tope 235, and any other material which utilizing special nuclear materials. shall not exceed unity. For example, the the Commission, pursuant to the provi­ following quantities in combination (b) “Materials license” means £ by­ sions of section 51 of the Act determines product material license issued pursuant to be special nuclear material but does would not exceed the limitation and are to Parts 30 and 32-36 of this chapter, not include source material; or within the formula as follows: or a source material license issued pur­ suant to Part 40 of this chapter, or a 175 (grams contained U-235) 50 (grams U-233) , 50 (grams Pu) j special nuclear materials license issued ------350 — 200 H200 pursuant to Par" 70 of this chapter. (1) “Testing facility” means a nuclear Avenue, Bethesda, Md.; or at German­ (c) “Nuclear reactor” means an ap­ reactor licensed by the Commission un­ town, Md. paratus, other than an atomic weapon, der the authority of subsection 104 c. of designed or used to sustain nuclear fis­ the Act and pursuant to the provisions § 170.11 Exemptions. sion in a self-supporting chain reaction. (a) No application filing fees, license (d) “Other production or utilization of § 50.21(c) of this chapter for opera­ tion at: fees, or annual fees shall be required for: facility” means a facility other than a (1) A thermal power level in excess of (1) A license authorizing the export nuclear reactor licensed by the Commis­ 1 0 megawatts; or only of a production or utilization sion under the authority of sections 103 (2) A thermal power level in excess of facility; or 104 of the Atomic Energy Act of 1954, 1 megawatt, if the reactor is to contain: (2) A license authorizing the export as amended (the Act) and pursuant to only or import only of byproduct ma­ the provisions of Part. 50 of this chapter. (i) A circulating loop through the core in which the applicant proposes to con­ terial, source material or special nuclear (e) “Power reactor” means a nuclear material; reactor designed to produce electrical or duct fuel experiments; or (ii) A liquid fuel loading; or (3) A license authorizing the receipt, heat energy licensed by the Commission ownership, possession, use or production under the authority of section 103 or sub­ (iii) An experimental facility in the core in excess of 16 square inches in of byproduct material, source material, section 104b. of the Act and pursuant or special nuclear material incidental to to the provisions of § 50.21(b) or § 50.22 cross-section. ^ (m) “Utilization facility” means any the operation of a production or utiliza­ of this chapter. tion facility licensed under Part 50 of (f) “Production facility” means: nuclear reactor other than one designed or used primarily for the formation of this chapter, including a license under (1) Any nuclear reactor designed or plutonium or U-233 and any other equip­ Part 70 of this chapter authorizing used primarily for the formation of plu­ ment or device determined by rule of possession and storage only of special tonium or uranium 233; or the Commission to be a utilization facil­ nuclear material at the site of a nuclear reactor for use as fuel in operation of (2) Any facility designed or used for ity within the purview of subsection 11 the nuclear reactor or at the site of a the separation of the isotopes of uranium cc. of the Act. or the isotopes of plutonium, except (n) “Waste disposal license” means a spent fuel processing plant for processing laboratory scale facilities designed or license specifically authorizing the re­ at the plant. used for experimental or analytical pur­ ceipt of waste byproduct material, (4) A construction permit or license poses only; or source material or special nuclear ma­ applied for, or issued to, a nonprofit ed­ (3) Any facility designed or used for terial from other persons for the purpose ucational institution, which shows itself the processing of irradiated materials of commercial disposal by land or sea to be, with respect to the material or facility licensed or to be licensed, party containing special nuclear material, ex­ burial. cept (i) laboratory scale facilities de­ to (i) a loan agreement administered by signed or used for experimental or ana­ § 170.4 Interpretations. the Commission’s Division of Nuclear Ed­ lytical purposes, and (ii) facilities in Except as specifically authorized by the ucation and Training, or (ii) a university which the only special nuclear materials Commission in writing, no interpretation reactor assistance contract with the contained in the irradiated material to of the meaning of the regulations in this Commission. The exemption in this sub- be processed are uranium enriched in the part by an officer or employee of the paragraph shall not applyto a construc­ isotope U-235 and plutonium produced Commission other than a written in­ tion permit or license for a facility or by the irradiation, if the material proc­ terpretation by the General Counsel will material other than that referred to in essed contains not more than 10~6 grams be recognized to be binding upon the the loan agreement or university reactor of plutonium per gram of U-235 and has Commission. assistance contract. fission product activity not in excess of (b) The Commission may, upon appli­ 0.25 millicuries of fission products per § 170.5 Communications. cation by an interested person, or upon gram of U-235. .All communications concerning the its own initiative, grant such exemptions (g) “Research reactor” means a nu­regulations in this part should be ad­ from the requirements of this part as it clear reactor licensed by the Commission dressed to the Director of Regulation, determines are authorized by law and under the authority of subsection 104 s. U.S. Atomic Energy Commission, Wash­ are otherwise in the public interest. of the Act and pursuant to the provisions ington, D.C. 20545. Communications § 170.12 Payment of fees. of § 50.21(c) of this chapter for opera­ may be delivered in person at the Com­ mission's offices at 1717 H Street NW., (a) Application fees. Each applica­ tion at a thermal power level of 1 0 meg­ tion for which a fee is prescribed in this awatts or less, and which is not a testing Washington, D.C.; at 4915 St. Elmo FEDERAL REGISTER, VOL. 32,~ NO. 48— SATURDAY, MARCH 11, 1967 PROPOSED RULE MAKING 3997

part shall be accompanied by a remit­ (c) Annual fees. Annual fees pre­ eral Aviation Regulations by adding an tance in the full amount of the fee. No scribed in this part are payable, in the airworthiness directive applicable to all application will be accepted for filing or case of licenses outstanding on the effec­ Pan Avion Model PA-5 Life Vests processed prior to payment of the tive date of this part, 1 year after the equipped with an 8 gram CO cartridge full amount specified. Applications for effective date of this part and annually (P/N 2200-525-15). The 8 gram CO which no remittance is received may be thereafter. In the case of licenses is­ cartridge does not provide the minimum returned to the applicant. All applica­ sued after the effective date of this part, buoyancy requirements needed for safe tion fees will be charged irrespective of annual fees are payable 1 year after the operation of these life vests. To correct the Commission’s disposition of the date of issuance of the license or pro­ this deficiency, the proposed airworthi­ application or a withdrawal of the visional operating license, if any, which­ ness directive would require the removal application. ever is earlier, and annually thereafter. of the 8 gram CO cartridge (P/N 2200- (b) Construction permit fees and op­ (d) Method of payment. Fee pay­ 525-15) and the Installation of a 12 gram erating license fees. Fees for construc­ ments shall be by check or money order CO cartridge (P/N 2200-525-21) apd a tion permits and operating licenses are payable to the U.S. Atomic Energy long inflator cap (P/N 2200-538-8). payable when the provisional construc­ Commission. Interested persons are invited to par­ tion permit or provisional operating S chedule of F ees ticipate in the making of the proposed license, if any, is issued. Otherwise, rule by submitting such written data, fees are payable when the construction § 170.21 Schedule of fees for production views, or arguments as they may desire. permit or operating license is issued. No and utilization facilities. Communications should identify the provisional construction permit or pro­ Applicants for construction permits or docket number and be submitted in dup­ visional operating license, or construc­ operating licenses for production or utili­ licate to the Federal Aviation Agency, tion permit or operating license, as the zation facilities and holders of construc­ Office of the General Counsel, Attention: case may be, will be issued by the Com­ tion permits or operating licenses for Rules Docket, 800 Independence Avenue mission until the full amount of the fee production or utilization facilities shall SW., Washington, D.C. 20553. All com­ prescribed in this part has been paid. munications received on or before April 10, 1967, will be considered by the Ad­ Fee for filing Operating ministrator before taking action upon Facility (thermal megawatt values refer to the maximum capacity ap­ application for Construction license fee plied for or stated in the permit or license) » construction permit fee and an­ the proposed rule. The proposals con­ permit nual fee tained in this notice may be changed in the light of comments received. All com­ (1) Power reactor: ments will be available, both before and Up to 1,000 Mw(t)______Over 1,000 to 1,500 Mw(t)...... $1,800 after the closing date for comments, in Over 1,500 Mw(t)______2,700 the Rules Docket for examination by (2) Testing facility: 3,800 Up to 15 Mw(t)______interested persons. Over 15 Mw(t)______This amendment is proposed under the (3) Research reactor: Up to 1 Mw(t)______authority of sections 313(a), 601, and Over 1 to 5 Mw(t)______603 of the Federal Aviation Act of 1958 Over5Mw(t)______UUU (49 U.S.C. 1354(a), 1421,1423). (4) Other production or utilization facility...... 1,500 2,000 In consideration of the foregoing, it is proposed to amend § 39.13 of Part 39 , V snau not emme tne applicant to a partial refund of any fee; applications for of the Federal Aviation Regulations by presSSpdgOTy W‘U DOt be aCCepted for flling unless accompanied by the adding the following new airworthiness § 170.31 Schedule of fees for materials E nforcement directive: licenses. § 170.41 Failure by licensee to pay an­ P an Av io n . Applies to Model PA-5 Life Applicants for materials licenses and nual fees. Vests equipped with an 8 gram C02 car­ holders of materials licenses shall pay tridge (P/N 2200-525-15). the following fees: In any case where the Commission Compliance required within 30 days after finds that a licensee has failed to pay the the effective date of this AD, unless already Schedule of Materials L icense F ees applicable annual fee required in this accomplished. part, the Commission may suspend or To insure adequate life vest buoyancy, Category of materials Application Arlnual fee remove the 8 gram C02 cartridge (P/N 2200- license fee revoke the license or may issue such 525-15) and install a 12 gram C02 cartridge order with respect to licensed activities (P/N 2200—525—21) and a long inflator cap 1. All materials licenses as the Commission determines to be ap­ (P/N2200-538-8). other than licenses in propriate or necessary in order to carry (Pan Avion Service Bulletin No. 22-66 dated categories 2,3, 4, and out the provisions of this part, Parts 30, Sept. 15,1966, covers this subject.) 5 ___ None $25.00 2. Licenses for byproduct 32-36, 40, 50, and 70 of this chapter material issued pur­ and of the Act. Issued in Washington, D.C., on March suant to 10 C FR 3, 1967. Part 33 or pursuant (Sec. 161, 68 Stat. 948; 42 Ü.S.C. 2201; sec. J ames F . R udolph, to an application de­ 501, 65 Stat. 290) scribed in §35.11 (el Acting Director, of 10 CFR Part 35.... $100.00 50.00 3. Licenses for byproduct Dated at Washington, D.C., this 8 th Flight Standards Service. material of 100,000 day of March 1967. [F.R. Doc. 67-2693; Filed, Mar. 10, 1967; curies or more in 8:45 am .] sealed sources used For the Atomic Energy Commission. for irradiation of ma- teriajs... 500.00 100.00 W. B . McCool, 4. Licenses for special nuclear material in Secretary. E 14 CFR Part 71 1 quantities sufficient [F.R. Doc. 67-2681; Filed, Mar. 10, 1967; , .„to form a critical mass, 300.00 100.00 [Airspace Docket No. 67-CE-13] o. Waste disposal licenses 8:45 a.m.] specifically author­ izing the receipt of TRANSITION AREAS waste byproduct ma­ terial, source material Proposed Alteration or special nuclear FEDERAL AVIATION AGENCY material from other persons for the pur- E 14 CFR Part 39 1 The Federal Aviation Agency is con­ pose of commercial sidering amendments to Part 71 of the disposal by land or [Docket No. 8014] sea burial__ Federal Aviation Regulations which 500.00 200.00 AIRWORTHINESS DIRECTIVES would alter controlled airspace in the Green Bay, Wis., and Oshkosh, Wis., categoricl1*?n,?e *alls more than one category i Pan Avion Model PA-5 Life Vests or 5>,the license shall be deemed to fa terminal areas. highest™* Category *or which the fee specified is tl The Federal Aviation Agency is con­ The Green Bay, Wis., transition area sidering amending Part 39 of the Fed­ is presently designated as follows:

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 3998 PROPOSED RULE MAKING

That airspace extending upward from 700 face within an 8 -mile radius of Winne­ is taken on the proposed amendment. feet above the surface within a 6-mile radius bago County Airport, Oshkosh, Wis. No public hearing is contemplated at of Austin-Straubel Airport, Green Bay, Wis. (latitude 43°59'20" N., longitude 88°33'- this time, but arrangements for informal (latitude 44°29'15" N., longitude 88°07'45" 15" W .); within 8 miles E and 5 miles W conferences with Federal Aviation Agen­ W .), within 2 miles each side of the Green cy officials may be made by contacting Bay VORTAC 326° radial, extending from the of the Oshkosh VOR 176° radial, extend­ 6-mile radius area to 8 miles NW of the ing from the 8 -mile radius area to 1 2 the Regional Air Traffic Division Chief. VORTAC, and within 2 miles each side of miles S of the VOR; within a 5-mile Any data, views, or arguments presented the Green Bay ILS localizer SW and NE radius of Fond du Lac County Airport, during such conferences must also be courses, extending from 8 miles SW to 21 Fond du Lac, Wis. (latitude 43°46T0" submitted in writing in accordance with miles NE of the OM. N., longitude 88°29'30" W .); and within this notice in order to become part of the record for consideration. The proposal The Oskosh, Wis., transition area is 5 miles S and 8 miles N of the 273° bear­ presently designated as follows: ing from Fond du Lac County Airport, contained in this notice may be changed extending from the airport to 1 2 miles in the light of comments received. That airspace extending upward from 700 W of the airport; and that airspace ex­ The public docket will be available feet above the surface within an 8-mile for examination by interested persons in radius of Winnebago County Airport, Osh­ tending upward from 1 ,2 0 0 feet above kosh, Wis. (latitude 43°59'20'' N., longitude the surface bounded by a line beginning the Office of the Regional Counsel, Fed­ 88°33'15'' W.), within 8 miles E and 5 miles At latitude 44°36'00" N., longitude 87°- eral Aviation Agency, Federal Building, W of the Oshkosh VOR 176° radial, extending 47'15" W.; thence to latitude 44°36'00" 601 East 12th Street, Kansas City, Mo. from the 8-mile radius area to 12 miles S N., longitude 87° 27'00" W.; thence to 64106. of the VOR; within a 5-mile radius of Fond latitude 43°30'00" N., longitude 87°- du Lac County Airport, Fond du Lac, Wis. This amendment is proposed under 27'00" W.; thence to latitude 43°- the authority of section 307(a) of the (latitude 43°46'14'' N., longitude 88°29'29” 30’00" N., longitude 88°30'00" W.; W.), and within 5 miles S and 8 miles N of Federal Aviation Act of 1958 (49 U.S.C. the 273° bearing from the Fond du Lac thence to latitude 43°40'40" N., longi­ 1348). County Airport, extending from the airport tude 89°38'20" W.; thence north to 12 miles W of the airport; and that air­ along the east boundary of V-255 to Issued at Kansas City, Mo., on Feb­ space extending upward from 1,200 feet above latitude 44° 19'50" N., longitude 89°29'- ruary 28, 1967. the surface bounded by a line beginning 00" W.; thence counterclockwise via the Daniel E. B arrow, at latitude 44°32'00" N„ longitude 87°43'55" archf a 15-mile radius circle centered on Acting Director, Central Region. W.; thence to latitude 44°32'00" N„ longi­ the Stevens Point, Wis., VOR to latitude tude 87°27'00'' W.; thence to latitude 43°- [F.R. Doc. 67-2694; Filed, Mar. 10, 1967; 30'00" N„ longitude 87°27'00" W.; thence 44°28'30" N., longitude 89°14'25" W.; 8:45 a.m.] to latitude 43°30'00" N„ longitude 88°30'00” thence to latitude 44°29'25" N., longi­ W.; thence to latitude 43°40'40” N., longi­ tude 88°35'00" W.; thence clockwise via tude 89°38'20" W.; thence north along the -the arc of a 2 0 -mile radius circle centered [1 4 CFR Part 73 1 east boundary of V—255 to latitude 44°19'50” on the Green Bay VOR to the point of N., longitude 89°29'00'' W.; thence counter­ beginning, excluding the portion which [Airspace Docket No. 67-CE-21] clockwise via the arc of a 15-mile radius overlies the Cecil, Wis., transition area. circle centered on the Stevens Point, Wis., RESTRICTED AREA VOR to latitude 44° 28'30" N., longitude The proposed 700-foot floor transition 89°14’25'' W.; thence to latitude 44°28'30" area at Green Bay will provide controlled Proposed Alteration N., longitude 89°05'20'' W.; thence to lati­ airspace protection for aircraft execut­ tude 44°29'10'' N., longitude 89°04'35'' W.; ing prescribed instrument approach and The Federal Aviation Agency is con­ thence to latitude 44°29'25" N„ longitude departure procedures at Austin-Straubel sidering an amendment to Part 73 of the 88°35'30'' W.; thence to latitude 44°31'32" Airport, Green Bay, Wis., during descent Federal Aviation Regulations which N., longitude 88°29'20'' W.; thence clock­ from 1,500 to 1 ,0 0 0 feet above the sur­ would alter the designated altitude of wise along the arc of an 18-mile radius circle Restricted Area Rr-4501A, Fort Leonard centered on Austin-Straubel Airport, Green face and during climb from 700 to 1,200 Bay, Wis. (latitude 44°29'15" N„ longitude feet above the surface. The proposed Wood West. 88°07'45'' W.) to the east edge of V-7; thence 700-foot floor transition area at Oshkosh Interested persons may participate in northeast along the east edge of V-7 to inter­ will remain the same as it is presently the proposed rule making by submitting sect an arc of a 20-mile radius circle centered designated. such written data, views, or arguments on Austin-Straubel Airport; thence clock­ The proposed 1,200-foot floor transi­ as they may desire. Communications wise along the 20-mile radius arc to the point should identify the airspace docket num­ of beginning. tion area at Oshkosh will provide con­ trolled airspace protection for aircraft ber and be submitted in triplicate to the The Federal Aviation Agency, having executing the prescribed instrument ap­ Director, Central Region, Attention: completed a comprehensive review of the proach procedures for Austin-Straubel Chief, Air Traffic Division, Federal Avi­ terminal airspace structural require­ Airport during the portion of those pro­ ation Agency, Federal Building, 601 East ments in the Green Bay and Oshkosh, cedures executed at and above 1,500 feet 12th Street, Kansas City, Mo. 64106. All Wis., terminal areas, as the result of the above the surface. communications received within 30 days after publication of this notice in the modification of public use instrument Floors of the airways which traverse F ederal R egister will be considered be­ approach procedures at the Austin- the transition areas proposed herein will Straubel Airport, Green Bay, Wis., uti­ fore action is taken on the proposed automatically coincide with the floors amendment. The proposal contained in lizing the DME capability of the Green of the transition areas. Bay VORTAC as a navigational aid, pro­ this notice may be changed in the light Specific details of this proposal and the of comments received. poses to take the following airspace procedures which it was developed to actions: ’ An official docket will be available for protect may be examined by contacting- examination by interested persons at (1) Redesignate the Green Bay, Wis., the Chief, Standards and Airspace transition area as that airspace extend­ the Federal Aviation Agency, Office of Branch, Air Traffic Division, Federal the General Counsel, Attention: Rules ing upward from 700 feet above the sur­ Aviation Agency, 601 East 12th Street, face within a 6 -mile radius of Austin- Docket, 800 Independence Avenue SW., Straubel Airport, Green Bay, Wis. (lati- Kansas City, Mo. 64106. Washington, D.C. 20553. An informal * tude 44°29T5'' N., longitude 88°07'45" Interested persons may submit such docket also will be available for exami­ W.) ; within 2 miles each side of the written data, views, or arguments as they nation at the office of the Regional Air Green Bay VORTAC 326° radial, extend­ may desire. Communications should be Traffic Division Chief. ing from the 6 -mile radius area to 8 miles submitted in triplicate to the Director, R^4501A is now designated continu­ NW of the VORTAC; and within 2 miles Central Region, Attention: Chief, Air ously from the surface to 2,200 feet MSL. each side of the Green Bay ILS localizer Traffic Division, Federal Aviation Agency, The Department of the Army has re­ SW and NE courses, extending from 11 Federal Building, 601 East 12th Street, quested a change in designated altitudes miles SW to 21 miles NE of the OM. Kansas City, Mo. 64106. All communi­ as follows: Monday through Friday, sur­ (2) Redesignate the Oshkosh, Wis., cations received within 45 days after face to 2,200 feet MSL; Saturday and transition area as that airspace extend­ publication of this notice in the F ederal Sunday, surface to 11,200 feet MSL. This ing upward from 700 feet above the sur- R egister will be considered before action change is desired to permit training of

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY; MARCH 11, 1967 PROPOSED RULE MAKING 3999

U S. Army, National Guard and Reserve purpose or for any purpose not ancillary take and pay off the obligation involved Army units in the employment of indi­ to the residential use aforesaid; in the loan; rect fire high angle artillery and mortar (iii) The principal obligation of the weapons on weekends. (ix) The resulting aggregate of the loan is specified in the security instru­ principal amount of such loan as speci­ This amendment is proposed under ment securing the loan and does not ex­ fied in accordance with subdivision (iii) the authority of section 307(a) of the ceed (a) $30,000 or (b) 90 percent of the of this subparagraph and of the associa­ Federal Aviation Act of 1958 (49 U.S.C. value of the real estate or, if the loan is tion’s investment in the principal amount 1348). . made to finance the purchase of the real of all other loans made under this sub- estate, 90 percent of the purchase price paragraph, exclusive of any such loan Issued in Washington, D.C., on March set forth in the certification specified in 6 , 1967. with respect to which the unpaid princi­ subdivision (vii) of this subparagraph, pal balance has been reduced to an H. B. Helstrom, whichever is less; Chief, Airspace and Air amount not in excess of 80 percent of the Traffic Rules Division. (iv) The loan contract requires that, value of the property according to the in addition to interest and principal pay­ [F.R. Doc. 67-2695; Filed, Mar. 10, 1967; appraisal on which such loan was made 8:45 a.m.] ments on the loan, the equivalent of one- (or 80 percent of the purchase price set twelfth of the estimated annual taxes, forth in the certification specified in sub­ assessments, and insurance premiums division (vii) of this subparagraph, if on the real estate security be paid such purchase price is less than such FEDERAL HOME LOAN BANK BOARD monthly in advance to the association; value), does not, at the time the associ­ (v) The borrower, including a pur­ ation makes or invests its funds in such [1 2 CFR Part 545 ] chaser defined as a borrower in the pro­ loan, exceed 2 0 percent of the associa­ [No. 20,495] viso clause of subdivision (x) of this sub- tion’s assets; FEDERAL SAVINGS AND LOAN paragraph, has executed, not earlier (x) Notwithstanding the requirements than the date on which the security of subdivision (ii) of this subparagraph, SYSTEM instrument securing the loan is executed a loan under this subparagraph may be Loans in Excess of 80 Percent of and, except as provided by subdivision made to finance the construction of a Value (x) of this subparagraph, not later than structure as described in subdivision (ii) the date on which any disbursement on of this subparagraph, but the amount by March 2, 1967. the loan is made, a certification in writ­ which such a loan exceeds 80 percent of Resolved, that, pursuant to Part 508 ing stating (a) the purpose for which the value of the real estate shall not be of the General Regulations of the Fed­ the loan is sought and, if for the purpose disbursed unless and until construction eral Home Loan Bank Board (12 CFR of enabling the borrower to purchase the has been fully completed. If the loan is Part 508) and § 542.1 of the rules and security property, the name of the made to finance construction of such regulations for the Federal Savings and vendor or vendors; (b) that no lien or structure for sale, the amount by which Loan System (12 CFR 542.1), it is hereby charge upon such property, other than such loan exceeds 80 percent of the value proposed that § 545.6-1 of the rules and the lien of the association or liens or of the real estate shall not be disbursed regulations for the Federal Savings and charges which will be discharged from unless and until construction has been Loan System (12 CFR Part 545.6-1) be the proceeds of the loan, has been given fully completed, the property has been amended as follows: or executed by the borrower or has been sold and title has been conveyed to a Amend subparagraph (4) of paragraph contracted or agreed to be so given or purchaser who has executed an agree­ (a) of § 545.6-1 of the rules and regula­ executed; and (c) that the borrower ment with the association assuming and tions for the Federal Savings and Loan is actually occupying the property as a agreeing to pay the loan, and there is System to read as follows: dwelling or that the borrower in good compliance with all of the provisions of faith intends to do so; this subparagraph except as specifically § 545.6—1 Lending powers under sec­ (vi) If the loan is sought or assumed waived in this subdivision: Provided, tions 13 and 14 of Charter K. That, for the purpose of such compliance, * * * * * for the purpose of enabling a purchaser to acquire the security property, the the unpaid balance of the loan at the (a) Homes or combination of homes vendor or vendors have executed, not date of execution of the said assumption and business property. earlier nor later than the dates specified agreement shall be deemed to be the ***** in subdivision (v) of this subparagraph, principal obligation of the loan; the date (4) Loans in excess of 80 percent of a certification in writing stating that no of execution of the said assumption value. The limitation of 80 percent set lien or charge upon such property, other agreement shall be deemed to be the date forth in subdivision (i) of subparagraph than the lien of the association or liens of approval of the loan, of the purchase of the property, of the execution of the (1 ) of this paragraph shall be 90 percent or charges which will be discharged in the case of any loan which is made in from the proceeds of the loan, has been security instrument, and of disburse­ an amount not in excess of $30,000 and given or executed to the vendor or ven­ ment of the loan; the person or concern with respect to which the following re­ dors by the purchaser or has been con­ to whom the loan was made to finance quirements are met: tracted or agreed to be so given or construction shall be deemed to be the (i) The association, at the time it executed; vendor; and the purchaser shall be deemed to be the borrower; and makes or invests its funds in the loan, (vii) If the loan is sought or as­ nas general reserves and surplus equal sumed for the purpose of enabling a (xi) In the case of a loan purchased w> at least 3 percent of the association’s purchaser to acquire the security proper­ by a Federal association from other than assets; ty, the purchaser and the vendor or ven­ a Federal association, each certification (ii) Except as provided in subdivision dors have jointly executed, prior to required by subdivisions (v), (vi), and l* ’ °f subparagraph, the loan is approval of the loan, a certification in (vii) of this subparagraph shall contain made upon the security of a first lien writing stating (a) the purchase price a statement that the certification is made upon real estate upon which there is lo­ of the security property and the items for the purpose of inducing a Federal cated a structure designed for residential savings and loan association to purchase comprising such price and (b) that there the loan. se for one family, the construction of is outstanding a contract or agreement r * has been completed prior to the between the vendor or vendors and the l hich the security instrument purchaser that the security property will (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. tho“ r ? the loan is executed and prior to be conveyed to the purchaser; 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981 , te on which any disbursement on (viii) The association has made or ob­ 3 CFR, 1947 Supp.) k JS® ? is made< and upon which there tained, prior to approval of the loan, a <,io. located any other structure de- Resolved further that all interested written report on the credit standing of persons are hereby given the opportunity dwpufr.°r Used in whole or in part as a the borrower, as described in subdivision to submit written data, views, or argu­ used i«g £ T, any structure designed or (v) of this subparagraph, and the finan­ sea m whole or in part for any business ments on the following subjects and cial ability of such borrower to under- issues: (1 ) Whether said proposed

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 4000 PROPOSED RULE MAKING amendment should be adopted as pro­ posed; (2 ) whether said proposed amendment should be modified and adopted as modified; (3) whether said proposed amendment should be rejected. All such written data, views, or argu­ ments must be received through the mail or otherwise at the Ofi&ce of the Secre­ tary, Federal Home Loan Bank Board, Federal Home Loan Bank Board Build­ ing, 101 Indiana Avenue NW., Washing­ ton, D.C. 20552, not later than April 11, 1967, to be entitled to be considered, but any received later may be considered in the discretion of the Federal Home Loan Bank Board. By the Federal Home Loan Bank Board. [seal] G renville L. Millard, Jr., Assistant Secretary. [F.R. Doc. 67-2703; Filed, Mar. 10, 1967; 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 4001 Notices

San Joaquin Kit Fox—Vulpes macrotis Blunt-Nosed Leopard Lizard— Crotaphytus DEPARTMENT OF THE INTERIOR mutica. wislizenii silus. Grizzly Bear—Ursus horribilis. San Francisco Garter Snake— Thamnophis Fish and Wildlife Service Black-Footed Ferret—Mustela nigripes. sirtalis tetrataenia. HURON ISLANDS AND SENEY UNITS Florida Panther—Felis concolor coryi. Santa Cruz Long-Toed Salamander—Am- Caribbean Monk Seal—Monachus tropi- bystoma macrodactylum croceum. Notice of Public Hearing Regarding calis. Texas Blind Salamander— Typhlomolge Guadalupe Fur Seal—Arctocephalus phi- , rathbuni. Wilderness Study lippi townsendi. Black Toad, Inyo County Toad— Bufo exsul. Florida Manatee or Florida Sea Cow— Notice is hereby given in accordance Trichechus manatus latirostris. Fishes: with provisions of the Wilderness Act of Key Deer—Odocoileus virginianus clavium. Shortnose Sturgeon—Acipenser breviro- September 3, 1964 (P.L. 88^577; 78 Stat. Columbian White-Tailed Deer—Odocoileus strum. 890, 892; 16 U.S.C. 1131, 1132), that a virginianus leucurus. Longjaw Cisco— Coregonus alpenae. public hearing will be held beginning at 9 Sonoran Pronghorn—Antilocapra ameri- Piute Cutthroat Trout—Salmo clarki se- a.m. on May 10, 1967, at the Northern cana sonoriensis. leniris. Michigan University Center, Marquette, Birds: Greenback Cutthroat Trout— Salmo clarki Mich., on studies leading to recommenda­ stomias. tions to be made to the President of the Hawaiian Dark-Rumped Petrel—Ptero- Montana Westslope Cutthroat Trout— droma phaeopygia sandwichensis. Salmo clarki. United States by the Secretary of the In­ Hawaiian Goose (Nene)—Branta sandvi- Gila Trout—Salmo gilae. terior regarding the desirability of in­ censis. Arizona (Apache) Trout— Salmo sp. cluding the Huron Islands and Seney Aleutian Canada Goose—Branta canaden­ Desert Dace—Eremichthys acros. Wilderness Study Areas in the National sis leucopareia. Humpback Chub— Gila cypha. Wilderness Preservation System. The Tule White-Fronted Goose—Anser albi- Little Colorado Spinedace— Lepidomeda Units consist of approximately 147 acres frons gambelli. vittata. and 20,000 acres within the Huron Laysan Duck— Anas laysanensis. Moapa Dace— Moapa coriacea. Hawaiian Duck (or Koloa)—Anas wyvilli- Colorado River Squawfish— Ptychocheilus Islands and Seney National Wildlife ana. Indus. Refuges located in Marquette and Mexican Duck—Anas diazi. C ui-ui— Chasmistes cujus. Schoolcraft Comities, Mich., respectively. California Condor—Gymnogyps californi- Devils Hole Pupfish—Cyprinodon diabolis. A brochure, containing a map and in­ anus. Commanche Springs Pupfish— Cyprinodon formation about the Huron Islands and Florida Everglade Kite (Florida Snail elegans. Seney Wilderness Units may be obtained Kite)—Rostrhamus sociabilis plumbeus. Owens River Pupfish— Cyprinodon radi- from the Refuge Manager of Seney Hawaiian Hawk (or XI)—Buteo solitarius. osus. National Wildlife Refuge, Seney, Mich. Southern Bald Eagle—Haliaeetus l. leuco- Pahrump Killifish— Empetrichythys latos. 49883, or the Regional Director, Bureau cephalus. Big Bend Gam busia— Gambusia gaigei. Attwater’s Greater Prairie Chicken—Tym- Clear Creek Gambusia—Gambusia hetero- of Sport Fisheries and Wildlife, 1006 panuchus eupido attwateri. chir. West Lake Street, Minneapolis, Minn. Masked Bobwhite— Colinus virginianus Gila Topminnow—PoecUiopsis occidentalis. 55408. ridgwayi. Maryland Darter—Etheostoma sellare. Individuals or organizations may ex­ Whooping Crane—Grus americana. Blue Pike— Stizostedion vitreum glaucum. press their oral or written views by ap­ Yuma Clapper Rail—Rallus longirostris pearing at this hearing, or they may yumanensis. S tewart L. Udall, submit written commente for inclusion Hawaiian Common Gallinule—Gallinula Secretary of the Interior. in the official record of the hearing to the chloropus sandvicensis. F ebruary 24, 1967. Eskimo Curlew—Numenius borealis. Regional Director at the above address by Puerto Rican Parrot—Amazona vittata. [F.R. Doc. 67-2758; Filed, Mar. 10, 1967; May 10,1967. American Ivory-Billed Woodpecker—Cam- 8:48 a.m.] J ohn S. Gottschalk, pephilus p. principalis. Hawaiian Crow (or Alala)—Corvus tropi­ Director, Bureau of cus. Sport Fisheries and Wildlife. Small Kauai Thrush (Puaiohi)—Phaeornia FEDERAL COMMUNICATIONS March 8 , 1967. palmeri. Nihoa Millerbird—Acrocephalus kingi. [F.R. Doc. 67-2721; Piled, Mar. 10, 1967; Kauai Oo (or Oo Aa)—Moho braccatus. COMMISSION 8:48 a.m.] Crested Honeycreeper (or Akohekohe) — Palmeria dolei. [Docket Nos. 16944, 16945; FCC 67M-368] Akiapolaau—Hemignathus wilsoni. PRAIRIELAND BROADCASTERS AND Office of the Secretary Kauai Akialoa—Hemignathus procerus. Kauai Nukupuu—Hemignathus lucidus RICHARD P. LAMOREAUX NATIVE FISH AND WILDLIFE hanapepe. Laysan Finchbill (Laysan Finch)—Psitti- Order Rescheduling Prehearing Endangered Species rostra c. cantans. Conference In accordance with section 1 (c) of the Nihoa Finchbill (Nihoa Finch)—Psittiro- Endangered Species Preservation Act oJ stra cantans ultima. In re applications of Stephen P. Bell­ October 15, 1966 (80 Stat. 926; 16 U.S.C Ou—Psittirostra psittacea. inger, Joel W. Townsend, Ben H. Town­ Palila—Psittirostra bailleui. send, Morris E. Kemper, and James A. 668aa(c)) I find after consulting the Maui Parrotbill—Pseudonestor xantho- Mudd, doing business as Prairieland States, interested organizations, and in­ phrys. dividual scientists, that the following Bachman’s Warbler—Vermivora bach- Broadcasters, Monmouth, HI., Docket No. listed native fish and wildlife are threat­ manii. 16944, File No. BHP-5296; Richard P. ened with extinction. Kirtland’s Warbler—Dendroica Kirtlandii. Lamoreaux, Monmouth, 111., Docket No. ' Dusky Seaside Sparrow—Ammospiza ni- 16945, File No. BPH-5441; for construc­ Mammals: grescens. tion permits. Indiana Bat—Myotis sodalis. Cape Sable Sparrow—Ammospiza mirabilis. On the Hearing Examiner’s own mo­ Delmarva Peninsula Pox Squirrel—Sciurut Reptiles and Amphibians: tion, and with the consent of all parties: niger cinereus. It is ordered, This 3d day of March 1967, Timber Wolf—Canis lupus lycaon. American Alligator—Alligator mississippi- that the prehearing conference in the Red Wolf—Canis niger. ensis. above-entitled matter presently sched-

No. 48------6 FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 4002 NOTICES uled for March 8,1967, at 9 a.m. Is hereby American Telephone and Telegraph Co., 6 . We agree that the issues as now rescheduled for March 15,1967, at 2 p.m. Tariff FCC No. 132 which are construed framed in Docket No. 16942 are not di­ and applied by the telephone companies rectly concerned with the past lawful­ Released: March 6,1967. to prohibit the attachment of the Carter- ness of the tariff regulations in question. F ederal Communications phone (or Carterfone) device to the We believe that the complaint fairly Commission, facilities of telephone companies for use raises questions as to the lawfulness of [ seal] B en F . Waple, in connection with interstate and foreign such tariff provisions for the past period Secretary. message toll telephone services, 5 FCC during which the defendants allegedly 2d 360. have barred the use of the Carterfone [F.R. Doc. 67-2712; Filed, Mar. 10, 1967; on the basis of such regulations and that 8:47 a.m.] 3. The foregoing action was taken by the Commission following a decision of such questions should be resolved. We the U.S. Court of Appeals for the Fifth shall, therefore, designate the complaint [Docket Nos. 16942, 17073; FCC 67—240] Circuit in Carter, et al. v. American Tele­ Tor hearing on issues that will permit complainants and defendants to adduce CARTER ELECTRONICS CORP. ET AL. phone and Telegraph Co., 365 F. 2d 486, August 17, 1966, in which that Court material and competent evidence rele­ Memorandum Opinion and Order As­ affirmed a decision of the lower court in vant to the question of whether such a private antitrust action whereby the tariffs were unjust or unreasonable (sec­ signing Matter for Public Hearing tion 201(b) of the Act), or unlawfully and Consolidating Proceedings lower court denied o, requested pre­ liminary injunction and invoked the discriminatory or preferential (section In the matter of use of the Carter- doctrine of primary jurisdiction by re­ 202(a) of the Act) during the period phone Device in Message Toll Telephone ferring to this Commission for resolu­ from February 6 , 1957, to the time of Service, Docket No. 16942; in the matter tion the question of the justness, reason­ the filing of the complaint. of Thomas F. Carter and Carter Elec­ ableness, validity and effect of the 7. Complainants also request specific tronics Corp., Dallas, Tex., Complain­ aforesaid tariff regulations as they re­ issues with respect to whether such tariffs ants, v. American Telephone and Tele­ late to the use of the Carterfone. In have been in violation of sections 1 and graph Co., Associated Bell System Cos., making this reference, the lower court, 2 of the Sherman Act (15 U.S.C. 1, et seq.) but we decline to do so for two Southwestern Bell Telephone Co., and in its decision of February 8 , 1966, stated General Telephone Co. of the Southwest that “jurisdiction remains in the Court reasons. First, under the section 201(b) (see Appendix), Defendants, Docket No. issue, which we shall specify, the Com­ to pass ultimately upon the antitrust mission may consider the justness and 17073. issues” involved in the private antitrust 1. The Commission has before it for reasonableness of the tariff regulations ' action, 250 F. Supp. 188, 192. in the light of the many relevant factors, consideration: 4. At the time of the Commission’s including any alleged antitrust viola­ (a) The above-captioned formal com­ action of October 20, 1966, no formal plaint in Docket No. 17073, filed on De­ tions. Secondly, as heretofore stated, the complaint had been filed with the Com­ lower court, in ordering reference to the cember 21, 1966, pursuant to Section mission raising any question as to the 208 of the Communications Act of 1934, Commission for determination of the lawfulness of the aforesaid tariff regula­ justness, reasonableness, validity and ef­ by the above-named complainants tions for any past period. The only against the above-named defendants; an fect of the tariffs, specifically reserved question before the Commission at that to itself the jurisdiction to pass ulti­ answer to the complaint filed January 13, time was that expressed by the Court 1967, by defendants American Telephone mately on the antitrust issues. Com­ of Appeals, in the above-cited case, as plainants also ask for an issue as to and Telegraph Co., Associated Bell Sys­ follows;: tem Cos., and Southwestern Bell Tele­ whether the tariffs have complied in the phone Co. (Bell System ); an answer to What we do say is that inescapably pre­ past with § 61.55 of our rules requiring sented is the question whether the practice tariffs to be clear, specific and definite. the complaint filed January 13, 1967, We see no need for this issue inasmuch by General Telephone Co. of the South­ permitted, indeed required, by Tariff No. 132 is lawful (365 F. 2d 486, 497). as any actual ambiguity that may have west (General); and existed in the tariffs during the past (b) A motion to consolidate filed by The Commission was, therefore, con­ period would have to be construed against complainants on December 21, 1966, re­ cerned at that time with the question of the framer and favorably to the user, questing that the hearing on the com­ the application and lawfulness of such Commodity News Service, Inc., et al. v. plaint in Docket No. 17073 be consoli­ tariff regulations that were currently in The Western Union Telegraph Co., 29 dated with the above-captioned proceed­ effect and with whether the Commission FCC 1203, 1213, 1214; WSAZ, Inc. v. A.T. ing in Docket No. 16942; and should prescribe any changes therein for & T., 31 FCC 175, 194. Complainants (c) A motion to enlarge the issues the future. The issues in Docket No. also ask that issues be specifically stated filed by complainants on December 21, 16942 were accordingly framed so as to as to the alleged past public need and 1966, requesting that the issues in permit the resolution of these questions. demand for the Carterfone, as well as the Docket No. 16942 be enlarged to cover 5. On December 21, 1966, the above- alleged past usage effects of that device. the issues raised by the complainants in However, such issues are unnecessary Docket No. 17073; an opposition thereto named complainants filed for the first time with us a formal complaint (Docket since competent and material evidence filed January 5, 1967, by the Bell System in these areas may be considered under defendants; an opposition thereto filed No. 17073) pursuant to section 208 of the Act, against the above-named de­ the section 2 0 1 (b) issue of justness and January 5, 1967, by General; and reasonableness. (d) A request for special relief and fendants challenging the validity of the aforesaid tariff regulations for a past 8 . Complainants do not ask the Com­ opposition to motion for consolidation mission to award monetary damages, for filed January 17, 1967, by General; a period, namely, from February 6 , 1957, to the time of the filing of the com­ any of the alleged violations of the pro­ reply thereto filed January 23, 1967, by plaint. During this, past period, defend­ visions of the Communications Act set complainants; an ■ opposition thereto ants allegedly were applying such tariff forth in the complaint. They ask instead filed January 25, 1967, by National Re­ regulations so as to bar the use of the that the Commission certify its findings tail Merchants Association (NRMA), an Carterfone. Complainants point out, to the lower court in which the private intervenor in Docket No. 16942; and an among other things, that the tariff lan­ antitrust action is stayed for the use opposition thereto filed January 31, guage that was in effect from February of such court therein in resolving that 1967, by the Central Committee on Com­ 6 , 1957, to April 10, 1966, was different action, including such damages as might munication Facilities of the American from that which now appears in the tar­ be awardable therein. Section 208 of the Petroleum Institute (API), an intervenor iffs and they infer that any resolution Act, 47 U.S.C. 208, and our implement­ in Docket No. 16942. by the Commission of the question of the ing rules, permit the submission of com­ 2. On October 20, 1966, the Commis­ lawfulness of such tariff regulations for plaints seeking adjudication of past al­ sion, on its own motion, ordered the the present and for the future would not leged violations of the Act even thougn above-captioned investigation and hear­ be determinative of the question of the monetary damages are not sought. our ing (Docket No. 16942) into the lawful­ rules further provide that, if the Com- ness of the regulations published in lawfulness thereof for such past period.

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 NOTICES 4003

mission should find that such past viola­ ing shall be held at a time and place The Mountain States Telephone and Tele­ tions have occurred, a supplemental to be hereinafter designated upon the graph Co., 931 14th Street, Denver, Colo. complaint for damages may be filed with following specific issues raised by the New England Telephone and Telegraph Co., the Commission based upon the findings complaint in Docket No. 17073: 185 Franklin Street, Boston, Mass. New Jersey Bell Telephone Co., 540 Broad of the Commission in the original pro­ 1. Whether, with respect to the period Street, Newark, N.J. ceeding (47 CFR 1.723). However, any from February 6 , 1957, to December 21, New York Telephone Co., 140 West Street, such supplemental complaint for dam­ 1966, the regulations and practices in New York, N.Y. ages is subject to the 1 -year statute of Tariff FCC No. 132 of the American Northwestern Bell Telephone Co., 100 South limitations set forth in section 415 of the Telephone and Telegraph Co. were 19th Street, Omaha, Nebr. Act, 47 U.S.C. 415; 47 CFR 1.727. There­ properly construed and applied to pro­ The Ohio Bell Telephone Co., 100 Erieview fore, we wish to make it clear that, hibit any telephone user from attaching Plaza, Cleveland, Ohio. although we are undertaking herein to Pacific Northwest Bell Telephone Co., Ex­ the Carterphone (Carterfone) device to change Building, 821 Second Avenue, adjudicate the lawfulness of the tariffs the facilities of the telephone companies Seattle, Wash. in question for a past period going back for use in connection with interstate and The Pacific Telephone and Telegraph Co., 140 to February 6,1957, as requested by com­ foreign message toll telephone service; New Montgomery Street, San Francisco, plainants, our action is not to be con­ and if so Calif. strued as indicating that damages for 2. Whether, during the aforesaid pe­ Southern Bell Téléphoné and Telegraph Co., any violation of the provisions of the Act Hurt Building, Post Office Box 2211, At­ riod, such regulations and practices lanta, Ga. which may be found to have existed may were unjust and unreasonable, and be recovered for such entire past period, The Southern New England Telephone Co., therefore unlawful within the meaning 227 Church Street, New Haven, Conn. 47 U.S.C. 415(b). of section 201(b) of the Communications Southwestern Bell Telephone Co., 1010 Pine 9. Complainants’ motion to enlarge Act of 1934, as amended, or were unduly Street, St. Louis, Mo. the issues asks that the issues specified in discriminatory or preferential in viola­ Wisconsin Telephone Co., 722 North Broad­ our order of investigation of October 20, tion of section 202(a) of said Act. way, Milwaukee, Wis. 1966, in Docket No. 16942 be broadened 12. It is further ordered, That a copy [F.R. Doc. 67-2713; Filed, Mar. 10, 1967; to include the aforementioned antitrust of this memorandum opinion and order 8:47 a.m.] and other issues requested in the com­ shall be served upon the complainants plaint. For the reasons stated in the and defendants herein; [Docket No. 16703; FCC 67M-373] preceding paragraph 7, for rejecting such 13. It is further ordered, That the mo­ issues in the complaint proceeding, we tion by complainants to consolidate the TRI-CITY BROADCASTING CO., INC. shall deny the corresponding motion to proceedings ordered herein in Docket Order Continuing Hearing enlarge the issues in Docket No. 16942. No. 16942 is granted and the request for 10. Complainants’ motion to consoli­ special relief by General is denied; In re application of Tri-City Broad­ date requests that the proceedings on the 14. It is further ordered, That the mo­ casting Co., Inc., Vineland, N.J., Docket complaint be consolidated with the pro­ tion by complainants to enlarge the is­ No. 16703, File No. BPCT-3716, for con­ ceedings in Docket No. 16942. General, sues in Docket No. 16942 is denied; struction permit. in its request for special relief and’ op­ 15. It is further ordered, That a hear­ It is ordered, This 6 th day of March position to the motion to consolidate, ing examiner shall be designated to pre­ 1967, on the Hearing Examiner’s own contends that complainants did not elect side in the complaint proceedings or­ motion, that the date for hearing is con­ to file a formal complaint until 2 months dered herein who shall prepare an initial tinued from March 8 , 1967, to March 29 after the Commission, on its own motion, decision on all of the issues as provided 1967. instituted its investigation and hearing in § 1.267 of the Commission’s rules. Released: March 7,1967. on October 20, 1966; that the issues in Adopted: March 1,1967. the Commission’s order of investigation i F ederal Communications are more appropriate for a complaint Released March 8,1967. Commission, proceeding than for a proceeding insti­ [ seal] B en F . W aple, tuted by the Commission without a F ederal Communications Secretary. Commission,1 complaint; and that the proceedings [F.R. Doc. 67-2714; Filed, Mar. 10, 1967; ordered by the Commission in Docket No. [ seal ] B en F . W aple, 8:48 a.m.] 16942 should now be dissolved and a new Secretary. proceeding started on the complaint Appen d ix—Nam es and Add resses op Al l alone. We do not believe that such D efen d an ts action is warranted. While it may be American Telephone and Telegraph Co., 195 TARIFF COMMISSION true that complainants should have filed Broadway, New York, N.Y. their complaint with us before they did, The Bell Telephone Co. of Pennsylvania, 1 [APTA-W-9] we believe that the proper course of Parkway, Philadelphia, Pa. CERTAIN WORKERS AT AMERICAN action in the matter is to continue with The Chesapeake and Potomac Telephone Co., the investigation heretofore ordered in 930 H Street NW„ Washington, D.C. MOTORS MILWAUKEE BODY PLANT Docket No. 16942 as to the lawfulness of The Chesapeake and Potomac Telephone Co., of Maryland, 320 St. Paul Place, Baltimore, Notice of Investigation Regarding Pe­ Jr® regulations for the present and Md. tition for Determination of Eligibil­ inf an<* order an investigation The Chesapeake and Potomac Telephone Co., ity To Apply for Adjustment Assist­ the issues properly raised by the of Virginia, 703 East Grace Street, Rich­ i f f * 1ain^ as the lawfulness of the mond, Va. ance for past and to consolidate the The Chesapeake and Potomac Telephone Co., Upon receipt on March 6 , 1967, of a nr™ Proceedings. These consolidated of West Virginia, 816 Lee Street, Charles­ ton, W. Va. request therefor from the Automotive tn offerings will enable the Commission Agreement Adjustment Assistance imS lve aU Questions relating to the The Cincinnati and Suburban Bell Telephone Co., 225 East Fourth Street, Cincinnati, Board, the Tariff Commission instituted e X ; reasonableness, validity, and Ohio. an investigation pursuant to section 302 wifhL L the tariff regulations that are The Diamond State Telephone Co., 1 Park­ (e), Automotive Products Trade Act of th; the contemplation and scope of way; Philadelphia, Pa. 1965, with respect to a petition filed with bv ^ j urisdiction reference made General Telephone Company of the South­ the Board by the International Union, eral£® Courts t° this Commission. Gen- west, 2701 South Johnson Street, Post Office United Automobile Workers, on behalf denif/,fqJîest for .sPecial relief will be Box 1001, San Angelo, Tex. of a group of workers at the American solidatX^ cmuplainants’ motion to con- Illinois Bell Telephone Co., 212 West Wash­ hdate will be granted. ington Street, Chicago, 111. Motors Milwaukee Body Plant, Milwau­ Indiana Bell Telephone Co., Inc., 240 North kee, Wis. The petition alleges that dis­ *!' Acc°rDetroit, Mich. ' United States-Canadian Automotive Act 2 0 9 0f the Communications 1 1934, as amended, a public hear- Agreement has been the primary factor > Commissioner Wadsworth absent. in causing such dislocation. The Com- FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 4004 NOTICES mission is conducting the investigation filed in triplicate with the Director, Office to provide a factual record on the basis DEPARTMENT OF THE TREASURY of Scientific and Technical Equipment, of which the Board may make the deter­ Office of the Secretary Business and Defense Services Adminis­ minations required by section 302 of the tration, Washington, D.C., 20230, with­ [Antidumping—ATS 643.3-b] in 2 0 days after date on which this notice Act. No hearing has been scheduled. A FUR FELT HAT BODIES FROM of application is published in the F ederal R egister. hearing will be held on request of any CZECHOSLOVAKIA Regulations issued under cited Act, party showing a proper interest in the published in the February 4, 1967, issue subject matter of the investigation, pro­ Determination of Sales at Not Less of the F ederal R egister, prescribe the vided the request is filed with the Secre­ Than Fair Value tary of the Tariff Commission within 10 requirements applicable to comments. March 6 , 1967. A copy of the application is on file, days after this notice is published in the On November 30, 1966, there was pub­ and may be examined during ordinary F ederal R egister. Commerce Department business hours The petition filed in this case is avail­ lished in the F ederal R egister a “Notice of Intent to Discontinue Investigation at the Office of Scientific and Technical able for inspection at the office of the Equipment, Department of Commerce, Secretary, U.S. Tariff Commission, and to Make Determination That No Sales Exist Below Fair Value” with re­ Room 5123, Washington, D.C., Docket Eighth and E Streets NW., Washington, No.: 67-00003-33-46040. Applicant: D.C., and at the New York City office of spect to fur felt hat bodies imported from Czechoslovakia. That notice was Harvard University, Cambridge, Mass. the Tariff Commission located in Room 02138. Article: Electron misroscope, 437 of the Customhouse. issued because of revisions in the prices of the merchandise and because of un­ model HU-11C with resolution of 4.5 Issued: March 8 , 1967. conditional assurances given by the Angstroms. Manufacturer: Hitachi, Ltd., Tokyo, Japan. Intended Use of By order of the Commission. exporter that no future sales of the mer­ chandise will be made to the United article: Research and instruction for [seal] Donn N. B ent, States at less than fair value. elucidation of cell fine structure. Appli­ Secretary. Interested parties were afforded until cation received lay Commissioner of [F.R. Doc. 67-2709; Filed, Mar. 10, 1967; December 30, 1966, to make written sub­ Customs: Miarch 1,1967. 8:47 am .] missions or to request in writing an op­ Charley M. Denton, portunity to present views in connection Director, Office of Scientific and [APTA-W-10] with the “Notice of Intent.” Technical Equipment, Busi­ The complainant submitted a written CERTAIN WORKERS AT AMERICAN ness and Defense Services request for an opportunity to present Administration. MOTORS CORP., KENOSHA, WIS. views in person in opposition to such [F.R. Doc, 67-2683; Filed, Mar. 10, 1967; Notice of Investigation Regarding Pe­ notice. The opportunity was afforded to 8:45 a.m.] tition for Determination of Eligibility the complainant, and all interested parties of record were notified and were To Apply for Adjustment Assistance represented at the hearing. Upon receipt on March 6 , 1967, of a After consideration of all written and ATOMIC ENERGY COMMISSION request therefor from the Automotive oral arguments presented, I hereby de­ Agreement Adjustment Assistance Board, termine that for the reasons stated above [Docket No. PRM-30-35] the Tariff Commission instituted an in­ fur felt hat bodies imported from CANRAD PRECISION INDUSTRIES, INC. vestigation pursuant to section 302(e), Czechoslovakia are not being, nor likely Automotive Products Trade Act of 1965, to be, sold at less than fair value within Filing of Petition for Rule Making with respect to a petition filed with the the meaning of section 2 0 1 (a) of the Board by the International Union, United Antidumping Act, 1921, as amended (19 Notice is hereby given that Canrad Automobile Workers, on behalf of a group U.S.C.160(a)). - Precision Industries, Inc., 630 Fifth Ave­ of workers at the American Motors Cor­ nue, New York, N.Y., by letter dated This determination is published pur­ February 16, 1967, has filed with the poration, Kenosha, Wis. The petition suant to section 201(c) of the Anti­ alleges that dislocation of the group of Commission a petition for rule making dumping Act, 1921, as amended (19 to amend the Commission’s regulations workers has occurred and that the op­ U.S.C. 160(c)). eration of. the United States-Canadian pertaining to the licensing of byproduct Automotive Agreement has been the pri­ [seal] T rue Davis, material. mary factor in causing such dislocation. Assistant Secretary of the Treasury. The petitioner requests that the Com­ The Commission is conducting the in­ [F.R. Doc. 67-2711; Filed, Mar. 10, 1967; mission amend its regulations so as to vestigation to provide a factual record on 8:47 a.m.] exempt from licensing requirements the the basis of which the Board may make following items with self-luminous the determinations required by section sources: , 302 of the Act, 1. Hunters’ and sportsmens com­ No hearing has been scheduled. A DEPARTMENT OF COMMERCE passes containing no more than 50 mu- hearing will be held on request of any licuries of tritium in the form of sealed party showing a^ proper interest in the Business and Defense Services gas sources. . subject matter of the investigation, pro­ Administration 2 Toggle and other switches contain­ ing no more than 15 millicuries of tri­ vided the request is filed with the Secre­ HARVARD UNIVERSITY tary of the Tariff Commission within 10 tium in the form of sealed gas_ sources. days after this notice is published in the 3. Emergency markers containing no Application for Duty Free Entry of more than 15 millicuries of tritium m F ederal R egister. Scientific Articles The petition filed in this case ir avail­ the form of sealed gas sources. able for inspection at the office of the The following is a notice of the receipt A copy of the petition for rule making Secretary, U.S. Tariff Commission, of an application for duty-free entry of is available for public inspection in tne Eighth and E Streets NW., Washington, scientific articles pursuant to section Commission’s Public Document Room a D.C., and at the New York City office of 6 (c) of the Educational, Scientific and 1717 H Street NW., Washington, D .c. the Tariff Commission located in Room Cultural Materials Importation Act of Dated at Germantown, Md., this 6 th 437 of the Customhouse. 1966 (Public Law 89-651; 80 Stat. 897). Interested persons may present their day of March 1967. Issued: March 8 , 1967. views with respect to the question of For the Atomic Energy Commission. By order of the Commission. whether an instrument or apparatus of W. B. McCool, [seal] Donn N. B ent, equivalent scientific value for the pur­ Secretary. Secretary. poses for which the article is intended to be used is being manufactured in the [FR . Doc. 67-2684; Filed, Mar. 10, 1967; [F.R. Doc. 67-2710; Filed, Mar. 10, 1967; 8:45 a.m.] 8:47 a.m.] United States. Such comments must be

FEDERAL REGISTER. VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 NOTICES 4005

Docket No. Price per Pres­ FEDERAL POWER COMMISSION and Applicant [Docket Nos. G-5251, etc.] Purchaser, field, and location Mcf sure date filed base MAHASKA GAS CO., INC., ET AL. G-5251____ Mahaska Gas Co., Inc., c/o Panhandle Eastern Pipe Line Co. 14.65 Notice of Applications for Certificates, C 2-14-67 Mark H. Adams II, attorney Panoma (Council Grove) Gas at law, 301 American Savings Field, Stevens (bounty, Kans. Abandonment of Service and Peti­ Bldg., 201 North Main St., tions To Amend Certificates 1 Wichita, Kans. 67202. G-5256...... The Stevens County Oil & Gas Northern Natural Gas Co., Hugoton »12.0 14.65 E 1-20-67 Co., a copartnership (succes­ March 3, 1967. Field, Seward Ceunty, Kans. sor to the Stevens County Oil Panhandle Eastern Pipe Line Co., *12.0 14.65 Take notice that each of the Appli­ & Gas Co., a corporation), c/o acreage in Stevens, Seward, and Mark H. Adams II, attorney Morton Counties, Kans. cants listed herein has filed an appli­ at law, 301 American Savings Northern Natural Gas Co., Hugoton *12.0 14.65 cation or petition pursuant to section 7 Bldg., 201 North Main St., Field, Morton County, Kans. Wichita, Kans. 67202. Northern Natural Gas Co., Permian «12.0 14.65 of the Natural Gas Act for authorization System, Morton County, Kans. to sell natural gas in interstate commerce G-5991...... Joseph E . Seagram & Sons, El Paso Natural Gas Co., Eumont «16.55 14.65 C 2-13-67 Inc., d.b.a. Texas Pacific Oil Field, Lea County, N. Mex. or to abandon service heretofore author­ Co.,» Post Office Box 747, ized as described herein, all as more Dallas, Tex. 75221. fully described in the respective applica­ G-9744— ... The Stevens County Oil & Gas Pleateau Natural Gas Co., Hugoton 7 14.0 14.65 E 1-20-67 Co., a copartnership (succes­ Field, Kearny County, Kans. tions and amendments which are on file sor to the Stevens County Oil with the Commission and open to public & Gas Co., a corporation). G-10017______do____ i______Kansas-Nebraska Natural Gas Co., 11.0 M4.65 inspection. E 1-20-67 Inc., Hugoton Field, Kearny Protests or petitions to intervene may County, Kans. G-10104...... do. Colorado Interstate Gas Co., Sparks •16.0 14.65 be filed with the Federal Power Commis­ E 1-20-67 Field, Morton County, Kans. sion, Washington, D.C. 20426, in accord­ G-13017___ Barnwell Production Co., Post United Gas Pipe Line Co., Bethany 11.9004 14.65 C 2-17-67 Office Box 1748, Shreveport, Field, Harrison County, Tex. ance with the rules of practice and pro­ La. 71102. cedure (18 CFR 1.8 or 1.10) on or be­ G-15079...... Pan American Petroleum Corp. Southern Union Gathering Co., 11.0 15.025 fore March 24,1967. E 2-21-67 (successor to John H. Trigg, Aztec Pictured Cliffs Field, San d.b.a. John H. Trigg Co.), Juan County, N. Mex. Take further notice that, pursuant to Post Office Box 591, Tulsa, the authority contained in and subject Okla. 74102. G-15714____ Humble Oil & Refining Co., Transwestern Pipeline Co., acreage Assigned to the jurisdiction conferred upon the D 2-20-67 Post Office Box 2180, in Lipscomb County, Tex. Federal Power Commission by sections Houston, Tex. 77001. 7 and 15 of the Natural Gas Act and the G-17951...... Tidewater Oil 'Co., Post Office Transwestern Pipeline Co., acreage 17.0 14.65 A 2-27-59 Box 1404, Houston, Tex. in Beaver and EUis Counties, Commission’s rules of practice and pro­ C 8-12-60 77001. Okla. cedure, a hearing will be held without G-18147...... Pan American Petroleum Corp. Southern Union Gathering Co., 13.0 15.025 E 2-21-67 (successor to John H. Trigg Blanco Mesa Verde Field, San further notice before the Commission on et ux, d.b.a. JohnH . Trigg Juan County, N. Mex. all applications in which no protest or Co.). G-18191___ _ Pan American Petroleum Corp. El Paso Natural Gas Co., Blanco 12.0 15.025 petition to intervene is filed within the E 2-21-67 (successor to John H. Trigg Mesa Verde -Field, San Juan time required herein if the Commission et ux). County, N. Mex. on its own review of the matter believes CI61-445___ The Stevens County Oil & Gas Panhandle Eastern Pipe Line Co., 14.0 14.65 E 1-20-67 Co., a copartnership (suc­ acreage in Stevens, Seward, and that a grant of the certificates or the cessor to the Stevens County Morton Counties, Kans. authorization for the proposed abandon­ Oil & Gas Co., a corporation). CI61-593.... Jas. F. Smith (Operator) et al., Transwestern Pipeline Co., acreage (?) ’ ment is required by the public conven­ D 2-16-67 c/o Sherman S. Poland, in Ochiltree County, Tex. ience and necessity. Where a protest attorney Ross, Marsh & Foster, 725-15th St. NW.,. or petition for leave to intervene is timely Washington, D.C. 20005 filed, or where the Commission on its (partial abandonment). own motion believes that a formal hear­ CI62-454___ The Stevens County Oil & Gas Panhandle Eastern Pipe Line C

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 4006

Price per Pres­ Docket No. Price per Pres­ Docket No. and Applicant Purchaser, field, and location Mcf sure and Applicant Purchaser, field, and'location Mcf sure base date filed base date filed

Lone Star Gas Co., acreage in Gar­ 14.65 CI67-1090... Gunn and Beecher, c/o C. W. Consolidated Gas Supply Corp., 25.0 15.325 CI67-1051...... Charles B. Wrightsman, First . 10.0 Murphy District, Ritishie County, A 2-15-67 City National Bank Bldg., vin County, Okla. A 2-20-67 Beecher, agent, Post Office Houston, Tex. 77002. Box 183, Grantsville, W. Va. W. Va. Consolidated Gas Supply Corp., 25.0 15.325 26147. ' CI67-1052...... - BeeKay Co., Inc., 405 Oak Consolidated Gas Supply Corp., 25.0 15.325 A 2-15-67 Plaza Bldg., 3707 Rawlins Pleasants District, Barbour Coun­ CI67-1091__ Arco Petroleum Co., 8300 Santa St., Dallas, Tex. 75219. ty, W. Va. A 2-20-67 Monica Blvd., Los Angeles, Center and Glenville Districts, Colorado Interstate Gas Co., Point 15.0 14.65 CaMf. 90069. Gilmer County, W. Va. CI67-1053...... Union Pacific Railroad Co., United Fuel Gas Co., Deep Lake Depleted A 2-15-67 5480 Ferguson Dr., Los of Rocks Field, Sweetwater Coun­ CI67-1093... Shell Oil Co., 50 West 50th St., New York, N.Y. 10020. Field, Cameron Parish, La. Angeles, Calif. 90022. ty, Wyo. B 2-20-67 14.65 Arkansas Louisiana Gas Co., Kinta 15.0 14.65 CI67-1094... Loyce Phillips et al., Post Of­ United Gas Pipe Line Co., Bethany 11.9004 CI67-1054...... Jake L. Hamon, Post Office 6170 Pettit field, Harrison Coun­ A 2-15-67 Box 663, Dallas, ¡Tex. 75221. Field, Sequoyah County, Okla. A 2-20-67 fice Box 396, Gladewater, Natural Gas Pipeline Co. of Amer­ 2» 18.105 14. 65 Tex. 75647. ty, Tex. CI67-1055...... Gulf Oil Corp., Post Office Box El Paso Natural Gas Co., Basin 13.0 15.025 A 2-16-67 1589, Tulsa, Okla. 74102. ica, Smith Perryton Field, Ochil­ CI67-1097... Fred Jones, Post Office Box tree County, Tex. A 2-13-67 25068, Oklahoma City, Okla. Dakota Pool, San Juan County, 2i 12. 0 14.65 73125. N. Mex. CI67-1057...... North Star Petroleum Corp., Phillips Petroleum Co., acreage in Michigan Wisconsin Pipe Line Co., 15.0 14.65 A 2-16-67 c/o Sherman S. Poland, Hutchinson County, Tex. 22 11.5 CI67-1098- -. Ashland Oil & Refining Co., attorney, Ross, Marsh & A 2-16-67 . Post Office Box 18695, Okla- Northeast Selling Field, Major 1 homa City, Okla. 73118. County, Okla. Foster, 725 15th St., NW., (2S) Washington, D.C. 20005. CI67-1100... Humble Oil & Refining Co,— El Paso Natural Gas Co., South Equitable Gas Co., Troy District, 25.0 .15.325 B 2-20-67 Four Lakes Field, Lea County, CI67-1059...... Montlar Stalnaker 21 Well, Ltd., N. Mex. A 2-16-67 c/o Montlar Oil & Gas Devel­ Gilmer County, W. Va. Transcontinental Gas Pipe Line 15.0 15.025 opment Co., Operator, 16310 CI67-1101... Hall M. Lyons et al., Post A 2-21-67 Office Box 51474, O.C.S., Corp., Ravenswood Field, Pointe Northeast 19th Ave., North Coupee Parish, La. Miami Beach. Fla. 33162. Lafayette, La. 70501. 19.0 15.025 CI67-1102-.. Houston Royalty Co. (Opera­ Texas Eastern Transmission Corp., Uneconomical CI67-1060...... Cabot Corp. (SW), Post Office Transcontinental Gas Pipe Line East Melrose and West Weesatche Box 1101, Pampa, Tex. 79065. Corp., Ship Shoal Block 208 Field, B 2-21-67 tor) et al., 3057 Humble Bldg. A 2-16-67 Houston, Tex. 77002./ Fields, Goliad County, Tex. Offshore Terrebonne Parish, La. 14.65 20.0 15.325 CI67-1104... Humble Oil & Refining Co...... Arkansas Louisiana Gas Co., Kinta 15.0 CI67-1061...... French Trimble et al., Route 1, Consolidated Gas Supply Corp,, Field, Latimer, Haskell and Le A 2-16-67 Volga, W. Va. 26238. Uinion District, Barbour County, A 2-23-67 W. Va. Flore Counties, Okla. Jamaco Properties, Inc., et al., United Fuel Gas Co., Union Dis- 28.0 1 15.325 CI67-1062...... J. A. Pierce, Box AA, Aztec, El Paso Natural Gas Co., Bianco- 11.0 15.025 CI67-1108- -. Mesa Verde Field, San Juan A 2-23-67 c/o Marsden W. Miller, Jr., trict, Kanawha County, W. Va. A 2-16-67 N. Mex. 87410. attorney, 1122 Whitney Bldg.,

County, N. Mex. NOTICES New Orleans, La. 70130. CI67-1064...... Texas Crude Oil Co. (Operator) Florida Gas Transmission Co., 20.0 15.025 Ilf A 2-16-67 et al., Post Office Box 12405, South Arnaudville Field, St. Mar­ tin Parish, Da. Fort Worth, Tex. 76116. (M) 1 Effective rate under FPC GRS No. 19. Rate in effect subject to refund in Docket No. RI64-704. CI67-1071...... Harry Allen Chapman, 510-512 C. G. McDaren Co., acreage in Kay County, Okla. 2 Effective rate under FPC GRS No. 26. Rate in effect subject to refund in Docket No. RI65-313. B 2-16-67 National Bank of Tulsa Bldg., I »Effective rate under FPC GRS No. 28. Rate in effect subject to refund in Docket No. RI65-95. Tulsa, Okla. 74103. * Effective rate under FPC GRS No. 29. Rate in eflect subject to refund in Docket No. RI65-95, 14.0-cent CI67-1073...... Jones & Pellow Oil Co., et al., Michigan Wisconsin Pipe Dine Co., 2‘ 19.5 14.65 A 2-17-67 101 Northeast 26th St., Okla­ Woodward Area, Dewey County, r^kppUcant states its willingness to accept permanent authorization containing conditions similar to those imposed Okla. homa City, Okla. 73105. by Opinion No. 468, as modified d>y Opinion No. 468-A. v ' L , CI67-1074...... The Parade' Co., Post Office United Gas Pipe Dine Co., acreage 14.0 14.65 in Rusk County, Tex. e Subject to adjustment for quality upon testing. There are additional payments of percentage types for liquids. A 2-17-67 Box 1838, Shreveport, Da. i Rate in effect subject to refund in Docket No. RI66-68. 71102. 8 Rate in effect subject to refund in Docket No. G-17327. CI67-1076...... Essex Royalty Corp., 285 Madi­ Transcontinental Gas Pipe Line 19.0 15.025 Corp., Ship Shoal Block 208 Field, 9 Abandons service insofar as the No. 1 Witt Well.Well is unable to deliver gas at Buyer s line pressure. A 2-17-67 son Ave., New York, N.Y. id Effective rate under FPC GRS No. 30. Rate in effect subject to refund in Docket No. RI65-314. 10017. Offshore Terrebonne Parish, La. 19.0 15.025 » Effective rate under FPC GRS No. 31. Rate in effect subject to refund in Docket No. RI66-217. CI67-1077...... Felmont Oil Corp., 285 Madi­ 12 Effective rate under FPC GRS No. 32. Rate in effect subject to refund in Docket No. RI63-242. A 2-17-67 son Ave., New York, N.Y. 10017. . 14.65 u Awltoa*tion°to^a^en(FSrtificate for the addition of acreage, as successor in interest to Ralph B. Phillips, d.b.a. GI67-1079..--,— Monsanto Co., 1300 Main St., Transwestern Pipeline Co., Men- «17.0 DeVaSghn Oil&G^Co et al., FPC GRS No. 1, Docket No. CI61-943. Docket No. CI61-0 4 3 will beterminated A 2-20-67 Houston, Tex. 77002. dota Field, Roberts and Hemphill u Deletes 160 acres in the Tonkawa Formation. Does riot fulfill contract provision for connection by buyer, based Counties, Tex. 19.0 15.025 on available reserves. . , . , . , __, T ■ _ tj j k . CI67-1081...... Kerr-McGee Corp., Kerr- Transcontinental Gas Pipe Line is Application to amend certificate for the addition of acreage, as successor in interest to John H. ingg, a.D.a. A 2-17-67 McGee Bldg., Oklahoma Corp., Ship Shoal Block 208 City, Okla. 73102. Field, Offshore Terrebonne Par­ l0” Initial rate of*predecessor in compliance with Commission order issued Nov. 3,1965 accepting offers of settlement ish, La. El Paso Natural Gas Co., Mickelson 14.0 15.025 and issuing certificates. CI67-1082__.... Sinclair Oil & Gas Co., Post 18 Applicant assigned its interest to Purchaser. . . ,___ A 2-17-67 Office Box 521, Tulsa, Okla. Creek Field, Sublette County, i» Applicant conveyed to Craig Steel & Salvage Co. all of its interest committed to contract except for a 40 percent 74102. Wyo. Texas Gas Transmission Corp., 18.25 15.025 interest which is nonproductive. CI67-1083...... J-W Operating Co., Operator, 20 includes 1.105 cents upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. A 2-20-67 612 Fidelity Union Tower, Northeast Lisbon Field, Clai­ borne Parish, La. a Rate for sweet gas. Oklahoma Natural Gas Gathering 12.0 14.65 “ Rate for sour gas. CI67-1085...... Sunray D X Oil Co., Post Of- 23 Well became noncommercial as to oil-gas well. A 2-17-67 flee Box 2039, Tulsa, Okla. Corp. and National Fuels Corp., Ringwood Field, Major County, 2« Subject to upward and downward B.t.u. adjustment. . ¡. 74102. 2« Due to the declining volume of gas, Applicant proposes to discontinue processing the gas m its own plant ana to Okla. deliver the gas to Warren Petroleum Co. under a percentage-type contract for sale and delivery to the same Furchaserj CI67-1086...... Union Drilling, Inc., Post Of- Equitable Gas Co., Skin Creek Dis­ 1 25.0 15.325 A 2-10-67 fice Box 281, Washington, Pa. trict, Dewis County, W. Va. [F.R. Doc. 67-2649; Filed, Mar. 10,1967; 8:45 a.m.| 15301.

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH 11, 1967 NOTICES 4007

As provided in the Commission’s spe­ No. MC-FC-69457. By order of Febru­ INTERSTATE COMMERCE cial rules of practice any interested per­ ary 28, 1967, the Transfer Board ap­ son may file a petition seeking recon­ proved the transfer to Hope O. Palmer COMMISSION sideration of the following numbered and Lyelle A. Palmer, doing business as fourth s e c t io n applications proceedings within 2 0 days from the date Palmer Freight, Tonopah, Nev., of cer­ FOR RELIEF of publication of this notice. Pursuant tificate No. MC-120408 (Sub-No. 2), is­ to section 17(8) of the Interstate Com­ sued December 23, 1965, to Richard G. March 8 , 1967. merce Act, the filing of such a petition Williams, Tonopah, Nev., and authoriz­ Protests to the granting of an appli­ will postpone the effective date of the ing the transportation of general com­ cation must be prepared in accordance order in that proceeding pending its dis­ modities, with usual exceptions, over a with Rule 1.40 of the general rules of position. The matters relied upon by regular route between Tonopah, Nev., practice (49 CFR 1.40) and filed within petitioners must be specified in their peti­ and Round Mountain, Nev., serving all 15 days from the date of publication of tions with particularity. intermediate points. Hope O. Palmer, this notice in the F ederal R egister. No. MC-FC-69345. By order of Feb­ Post Office Box 382 Tonopah, Nev. 89049, ruary 28, 1967, the Transfer Board ap­ representative for applicants. L ong-and-S hort Haul proved the transfer to Rams Express, No. MC-FC-69458. By order of Feb­ FSA No. 40931—Talc, soapstone, etc., a corporation, Los Angeles, Calif., of ruary 28, 1967, the Transfer Board ap­ from Ogden, Utah, and points in Mon­ certificate in No. MC-44927, issued May proved the transfer to Engel Trucking, tana. Filed by Western Trunk Line 2, 1962, to Terminal Transportation Co., Inc., Greenville, Pa., of that portion of Committee, agent (No. A-2492), for in­ Inc., Wilmington, Calif., authorizing the the operating rights in certificate No. terested rail carriers. Rates on talc, transportation of: General commodities, MC-109170 (Sub-No. 2), issued June 24, soapstone, wollastonite, and related ar*^r with the usual exceptions including 1960, to William Engel, doing business as tides, in carloads, from Ogden, Utah, and household goods and commodities in Engel’s Trucking, Sharpsville, Pa., au­ specified points in Montana, to points in bulk, between Los Angeles Harbor and thorizing the transportation, over ir­ western trunkline territory. Long Beach, Calif., on the one hand, and, regular routes, of steel tanks and parts Grounds for relief—Shortline distance on the other, points in the Los Angeles, thereof, steel castings, machinery, ma­ formula and grouping. Calif., commercial zone; canned goods, chine parts, bridge materials, and lum­ Tariffs—Supplement 22 to Trans-Con­ between San Diego, Long Beach, and ber, between Greenville, Pa., on the one tinental Freight Bureau, agent, tariff Los Angeles Harbor, Calif., and, olive- hand, and, on the other, points in that ICC 1741, and supplement 186 to Western oil and chocolate candies and syrups, part of Ohio on and east of U.S. High­ Trunk Line Committee, agent, tariff ICC from Los Angeles Harbor and Long way 21 and those in that part of New A-4411. Beach, Calif., to San Diego, Calif. Ernest York on and west of U.S. Highway 62. PSA No. 40932—Sand—Illinois terri­ D. Salm, 3846 Evans Street, Los Angeles, David L. Pemberton, George» Greek, tory to Aurora, N.C. Filed by Illinois Calif. 90027, representative for appli­ King & McMahon, 100 East Broad Street, Freight Association, agent (No. 319), for cants. Suite 1800, Columbus, Ohio 43215, at­ interested rail carriers. Rates on sand, No. MC-FC-69398. By order of Feb­ torney for applicants. in carloads, from specified points in Il­ ruary 28, 1967, the Transfer Board ap­ No. MC-FC-69459. By order of Feb­ linois Freight Association territory, to proved the transfer to Raymond D. ruary 28, 1967, the Transfer Board ap­ Aurora, N.C. Good, doing business as La Cygne Truck proved the transfer to Arkansas Transit Grounds for relief—Carrier competi­ Line, La Cygne, Kans., of certificate in Co., Inc., Springdale, Ark., of the operat­ tion. No. MC-988, issued January 5, 1949, to ing rights in certificates Nos. MC-111710 Tariff—Supplement 8 to Illinois Howard Crotchett, doing business as and MC-111710 (Sub-No. 6 ) issued De­ Freight Association, agent, tariff ICC Crotchett Truck Line, Overland Park, cember 9, 1955 and March 26, 1962, re­ 1094. Kans., authorizing the transportation spectively to Robert L. Spencer, doing FSA No. 40933—Iron or steel articles of: General commodities, with certain business as Arkansas Transit Co., Spring- from Leeds, Ala. Filed by Southwestern exceptions, between specified points in dale, Ark., authorizing the transporta­ Freight Bureau, agent (No. B-8968), for Kansas, and, points in the Kansas City, tion of: New tin cans and lids, between interested rail carriers. Rates on iron Mo.-Kans., commercial zone. John L. points in Arkansas, Missouri, Oklahoma, or steel articles, and kindred or related Richeson, First National Bank Building, Texas, and Kansas. Louis Tarlowski, articles, in carloads, from Leeds, Ala., to Ottawa, Kans. 66067; and, Carll V. Kret- 914 Pyramid Life Building, Little Rock, Points in Texas and Louisiana. singer, 450 Professional Building, 1103 Ark., 72201, attorney for applicants. Grounds for relief—Market competi­ Grand Avenue, Kansas City, Mo. 64106; No. MC-FC-69464. By order of Feb­ tion. attorneys for applicants. ruary 28, 1967, the Transfer Board ap­ By the Commission. No. MC—FC-69454. By order of Febru­ proved the transfer to Robert G. Owen ary 28, 1967, the Transfer Board ap­ Trucking, Inc., 49 Ohio Street, Navarre, '■SEAL^ H. Neil Garson, proved the transfer to Rock Hill Truck­ Ohio, in permits Nos. MC-112210 and Secretary. • ing Co., Inc., Clifton, N.J., of the operat­ MC—112210 (Sub-No. 2), issued January 29, 1951, and February 26, 1952, respec­ [F-R. Doc. 67-2716; Filed, Mar. 10, 1967; ing rights in permit No. MC-111982, is­ 8:48 a.m.] tively, to Robert G. Owen, 49 Ohio Street, sued June 20, 1960, to DCM Trucking, Navarre, Ohio, authorizing the trans­ Inc., Teaneck, N.J., acquired by Thomas portation, over irregular routes, of cor­ [Notice 1488] A. Cupo and Anthony S. Cupo, a partner­ rugated paper boxes, from Navarre, Ohio, m otor c a r r ie r t r a n s f e r ship, doing business as Rodney Trans­ to Chester, W. Va., corrugated paper, in PROCEEDINGS port Co., Clifton, N.J., pursuant to No. sheets, from Pittsburgh, Pa., to Navarre, Ohio, and scrap corrugated paper, in MC-FC-69036, and authorizing the IVIAKUH Ö, lb bulk, from Navarre, Ohio, to Wellsburg transportation of textiles, over irregu­ to cZn«pses orders entered purs W. Va. lar routes, from New York, N.Y., to Pat­ merSï nf 212(b) of the Interstate ( [ seal] h . Neil G arson, erson, N. J. John M. Zachara, Post Office scrihp/'+u rules and regulations Secretary. Box Z, Paterson, N.J. 07509, representa­ *» p ^ Ä !mder <49 CFE Part [F.R. Doc. 67-2717; Filed, Mar. 10, 1967; tive for applicants. 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 48— SATURDAY, MARCH I I , 1967 4008 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED-MARCH

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

Page T CFR Page 10 CFR Page 19 CFR 3388 Appendix A______3602 14______— ______— 3731 i______2_____ 3388 P roposed R u l es: 3 CFR 3— — 3388 30______3995 24______3741 P roclamation: 40_____ 3995 3769______3809 50—______3995 20 CFR E xecutive Orders : 70______£______3995 395_____ 3975 170______3995 July 17, 1917 (revoked in part by PLO 4166)— , ------3744 21 CFR Nov. 26, 1921 (revoked in part 12 CFR 3 _____ 3440 by PLO 4167)______— 3744 1 ______3687 120 ____ 3441 6143 (revoked in part by PLO 204______— 3763 121 ______3442, 3819 4165)______— 3744 2 2 2 ______j ______3813 131—;______3440 6276 (revoked in part by PLO 531______------3970 P roposed R u l e s : 650_— ______3740 4165)------— 3744 17— ______3710 11248 (amended by EO 11335) _ 3965 P roposed R u l e s : 27___ 3469 545______5 ______;— 3999 11269 (amended by EO 11334)_ 3933 130______3994 11329 ______3811 133___ 3470 11330 ______3871 13 CFR 3875 11331 ------123______- ______3813 11332 ______3877 22 CFR 11333 __ :______— 3879 l i ------3443.3444 11334 ______3933 14 CFR 41______3742.3969 11335 ____ «------3965 1 __ 3735 21______- ______3735 23 CFR 5 CFR 33______3736 255 ______3390 213______3383, 3689, 3729, 3763 35______3737 330— ______— 3967 39______3386, 25 CFR 332„ — ----- ______3967 3387, 3437, 3690, 3691, 3738, 3764, 265 ____ I ______3944 550______— •_4r 3689, 3763 3882,3937, 3970, 3971. 71__ 3438, P roposed R u l e s : 7 CFR 3738, 3764-3768, 3882, 3938, 3971, 73 _____ — 3748 . _ 3469 15 ______3967 3972. 22 1 73 __1 3438, 3691, 3739, 3740, 3768 17 ______3935 7 5 ...... ___ 3740, 3882, 3972 26 CFR 354______3383 ______3935 9 7 ______3692, 3938 3446,3819 722 ______3819 730 ______3881 399______— ...... — 3817 301 1204______3883 775 ______3968 P roposed R u l es: 814______- ______3687 P roposed R u l e s : 1 _ _ 3886 907______3729, 3968 39____ - ______— 3997 908______- 3688, 3729, 3968 61______— ______3749 29 CFR 910______3383, 3730, 3969 65______3946 3689 912— ______3730, 3969 71______3400- 913 _ _. _ ____ 3384 3402, 3470, 3750, 3779,^780, 3946, P roposed R u l e s : 917 ______3384 26 ___ _ „ 3710 944 ____ _ 3437 3947,3997. 9 9 1 _____ 3763 7 3 ______3402, 3751, 3998 ______3384 7 7 ______3887 31 CFR 1 0 0 2 ______914. 3820 1004 ______3813 121____ 3946 306_ 3446 113R ______3385 208___ 3399 3821 1495 ______3688 309_ 3446 296a------—p------3752 312- P roposed R u l e s : 3446 315. 3700 822______„ 3946 15 CFR 316- 932______„ 3992 3447 2 ______3769 317. 3822 991...... ______3399 500. ______3399 204______3816 3448 1006______230______3741 525. 1047______3992 1063______3776 32 CFR 1070______3776 16 CFR ^ 3829 ...... 3776 13 w ___ 3439, 3771, 3973-3975 100 — 3391 1078______505— 1079-...... — ______3776 15— 11— I ...... - 3387, 3818 3770 ______3834 518— 3393 1125 P roposed R u l e s : 750— 1134— ...... 3469 3393 153...... —------3711 753_ 3976 1001 . 3976 8 CFR 1003. 3731,3970 17 CFR 3977 212___ 3741 1004. 214______3731 200______FEDERAL REGISTER 4009 32 CFR— Continued page 41 CFR Page 45 CFR Page 1007-______3978 6-3------3936 P roposed R u l es: 1013______3978 6-75------3936 308______1016______3978 8 - 1 ------3 7 7 2 1054...... - _____ 3978 8-2—------3772 46 CFR 8-3------3773 5 1 0 ______[ 33 CFR 8- 7------3 7 7 3 : 33------3397 9- 4------* ------3 9 7 9 202...... * 3883 9-16------3981 P roposed R u l e s : i 203____ - ______3772 101-26------3690 401 ______j 204/------3883 403_ Proposed R u l e s : 43 CFR 4 7 CFR 2 0 ------____ 3701 401______3888 o______I 35 CFR P ublic L and Orders: 2 ______2135 (revoked in part by PLO 7 3 ______; 117------3830 4168) ------3 7 4 4 P roposed R u l e s : 4163-— ------' ______3 7 4 3 4164 ------3 7 4 3 18______I 36 CFR 2 1 4165 ------3 7 4 4 ____ : 311------— ' ------3742 4166——------3 7 4 4 73______3471, 3835, 3836, 3888 38 CFR 4167 ------3 7 4 4 4168 ------3 7 4 4 49 CFR 3------3742 4169 ------3 7 4 5 71-90______21------,------*3452,3979 4170 ------3 7 4 5 170______190_____ 39 CFR 4171 ------3 7 4 5 4172 ------3746 193______Ch. I------3 3 9 7 4173 --;------3 7 4 7 50 CFR Proposed R u l e s : 4174 --: ------3 7 4 7 531------3778 82— ------3884 4175 ------v------3991 33— ------3467, 3884

No. 48___ 7

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS • Messages to the Congress • Public speeches and letters • The President’s news conferences rustic PAPERS OF THE PRESIDENTS • Radio and television reports to OF THE UNITED STATES the American people • Remarks to informal groups

Ceiltdhiitif, the Public M estJges, Speeches, m ej PUBLISHED BY Statements e j the PresMeat Office of the Federal Register National Archives and Records Service General Services Administration

ORDER FROM Superintendent of Documents U.S/Government Printing Office Washington, D.C. 20402

PRIOR VOLUMES ¡«888$ Volumes covering the administra­ tions of Presidents Truman, Eisen­ hower, Kennedy, and the first full Lyndon B. Johnson--196 5 year of President Johnson are available at comparable prices from the Superintendent of Docu­ Book I ^(January 1-May 31, 1965) ™c.f- ment^, U.S. Government Printing Office, Washington, D.C. 20402. Book II (June 1-December 31, 1965)