FEDERAL REGISTER VOLUME 32 • NUMBER 187 Wednesday, September 27,1967 • Washington, D.C. Pages 13475-13564 (Part II begins on page 13559)
Agencies In this issue— The President Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Crop Insurance Corporation Federal Maritime Commission Federal Power Commission Federal Railroad Administration Fish and Wildlife Service Food and Drug Administration Foreign Claims Settlement Commission Interior Department Interstate Commerce Commission Labor Department Land Management Bureau National Labor Relations Board Securities and Exchange Commission Small Business Administration Tariff Commission Detailed list of Contents appears inside«
Ho. 187—Pt. I----1 5-Year Compilations of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations
The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 19 38 - of proclamations, Executive orders, reor December 31, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexed are included. The in and certain administrative orders issued by dividual volumes are priced as follows:
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r r n F D l l w m r D C F IC T C D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or ■ ■ ,1 1 b .il/%1 l l I Jtlf on the day after an official Federal holiday), by the Office of the Federal Register, Na*jon . -- Archives and Records Service, General Services Administration (mail address Nfttio Area Code 202 ornino^ one 96 6 6 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in Federal Register Act, approved July 20, 1935 (49 Stat. 500, as amended; 44 U.S.O., Ch. 8B), under regulations prescribed by the Adm in istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superinten e of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, Paya° _e ^ advance. The charge for individual copies varies iit~proportion to the size of the issue (15 cents for the first 80 pages and 5 cen each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of D o c u m U.S. Government Printing' Office, Washington, D.C. 20402. uj. The regulatory material appearing herein is keyed to the C ode of F ederal R egulations, which is published, under 50 titles, p ^ suant to section 11 of the Federal Register Act, as amended. The Code o f F ederal R egulations is sold by the Superinten en Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. NS There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code of F ederal Regula Contents
CONSUMER AND MARKETING FEDERAL MARITIME THE PRESIDENT SERVICE COMMISSION proclamation Rules and Regulations Notices Child Health Day, 1967------13483 Standards for grades; Agreements filed for approval: General Pulaski’s Memorial Day, Florida grapefruit______13487 A. P. Moller-Maersk Line and 1967__:______13485 Florida oranges and tángelos— 13492 Kawasaki Kisen Kaisha, Ltd. 13535 Veterans Day, 1967------13481 Florida tangerines______13500 Concordia Line A/S and Fred Notices Olsen & Co______13535 Navel oranges grown in Arizona Concordia Line-Great Lakes EXECUTIVE AGENCIES and designated part of Califor Service and Niagara Line___ 13535 AGRICULTURE DEPARTMENT nia; order approving project for Fjell Line joint service______13535 marketing research______13536 Niagara Line joint service____ 13536 See Commodity Credit Corpora North Atlantic Baltic Freight tion; Consumer and Marketing CUSTOMS BUREAU Conference ______13536 Service; Federal Crop Insurance Seatrain Lines, Inc., et al------13536 Corporation. Proposed Rule Making Merchandise exported from Ja Security for protection of the BUSINESS AND DEFENSE pan; appraisement of imported public: merchandise______- — 13514 Application for certificate of SERVICES ADMINISTRATION financial responsibility to Notices , FEDERAL AVIATION meet liability incurred for Ames Laboratory, Iowa State Uni ADMINISTRATION death or injury to passengers versity et al.; applications for Rul es and Regulations or other persons on voyages. 13535 duty free entry of scientific Indemnification of passéngers articles______..______13532 Aircraft registration; recording of aircraft titles and security for nonperformance of trans- CIVIL AERONAUTICS BOARD documents; technical amend portation___.______13534 ments ------13505 Steamship conferences; effects on Rules and Regulations Airworthiness standards; normal foreign commerce of U.S.; re Delegations and review of action utility, and acrobatic category port of investigative officer___ 13534 under delegation; non-hearing airplanes; correction______13505 matters______13507 Commercial operators; employ ment of repairmen to perform FEDERAL POWER COMMISSION Notices maintenance______13505 Hearings, etc.: Control zone and transition area; " Notices Denver-Twin Cities Service In alteration______13506 Hearings, etc.: vestigation ______2______13533 Federal airway; alteration______13506 Alabama Electric Cooperative, Memphis/ Huntsville/ Birming- Jet route segment and reporting Inc______13542 ham-Los Angeles Service In point; alteration and designa Algonquin Gas Transmission vestigation______13533 tion ______13507 Co______13542 Stephens, Inc., et al______13534 Proposed Rule Making Ashland Oil & Refining Co., et al______13537 CIVIL SERVICE COMMISSION Control zone and transition area; Bravo Oil Co., et al______13538 proposed alteration and desig Cascade Natural Gas Corp___ 13543 Notices nation ______13526 Columbia Gas Transmission Co. 13542 Corpsmen supervisor and educa Control zone; proposed altera tion ______13526 Continental Oil Co______13539 tion officer et al.; manpower El Paso Natural Gas Co______13543 shortage; notice of listing_____ 13546 Federal airways; proposed altera tion ______13526 Mobil Oil Corp., et al______13540 Tenneco Oil Co., et al______13541 COAST GUARD FEDERAL COMMUNICATIONS Rules and Regulations COMMISSION FEDERAL RAILROAD Merchant vessels when engaged in Rules and Regulations administration voyage on the Great Lakes; load lines------13508 Instructional television fixed sta Rules and Regulations tions; equipment performance Locomotive inspection other than Proposed Rule Making and installation______13512 Marine engineering regulations steam locomotive rules; main Radio broadcast services; indicat reservoir tests______13512 and material specifications____ 13514 ing instruments and automatic logging______13509 COMMERCE DEPARTMENT Proposed Rule Making FISH AND WILDLIFE SERVICE FM broadcast stations; Benton, Rules and Regulations HI., et al.; table of assignments. 13527 Hunting in certain national wild COMMODITY CREDIT life refuges: FEDERAL CROP INSURANCE Massachusetts ______13513 CORPORATION CORPORATION M ichigan______13513 Jhlus and Regulations Rules and Regulations New Jersey______13512 Pennsylvania (2 documents)__ 13513 Peanuts; 1967 warehouse storage Grain sorghum endorsement; cor wans and sheller purchases___ 13504 rection ______13504 (Continued on next page) 13477 13478 CONTENTS
FOOD AND DRUG Notices SECURITIES AND EXCHANGE ADMINISTRATION Fourth section applications for re COMMISSION lief (2 documents)__ _ 13546,13547 Rule* and Regulations Motor carrier: Rules and Regulations Coloy additives; carrot oil; con Alternate route deviation no R u 1 e s and regulations, Public firmation of effective date; cor tices ______13547 rection ______13507 Utility Tlolding Company Act of Applications and certain other 1935; additional exclusion____, 13487 Notices proceedings ______13549 Notices du Pont de Nemours, E. I., and Intrastate applications______13553 Co.; notice of filing petition re Temporary authority applica Axe-Houghton Stock Fund, Inc., garding pesticides______13543 tions ______13553 and Axe Science Corp.; applica Tranfser proceedings______13553 tion for exemption______13543 FOREIGN CLAIMS SETTLEMENT LABOR DEPARTMENT SMALL BUSINESS COMMISSION Notices ADMINISTRATION Rules and Regulations Review Committee on Federal Employee responsibilities and con Employee - Management Rela Notices duct ______, 13507 tions; notice of hearing. ______13546 Texas; declaration of disaster loan area______13546 HEALTH, EDUCATION, AND LAND MANAGEMENT BUREAU WELFARE DEPARTMENT Notices TARIFF COMMISSION See Food and Drug Administra California: tion. Cancellation of notice of termi Notices nation of proposed w ith Certain workers of Borg-Warner INTERIOR DEPARTMENT drawal and reservation of Corporation’s Long Manufac See also Pish and Wildlife Serv lands______13530 turing Division Plant in Detroit, ice; Land Management Bureau. Proposed classification of public Mich.; report to Automotive lands for multiple use man Agreement Adjustment Assist Notices agement ______13530 ance Board in adjustment as Director, Bureau of Mines; del Colorado; proposed classification ' sistance case___ __ L.______13545 egation of authority______13531 of public lands for multiple use management (2 documents) 13530, TRANSPORTATION DEPARTMENT INTERSTATE COMMERCE 13531 See Coast Guard; Federal Avia COMMISSION NATIONAL LABOR tion Administration; Federal Rules and Regulations RELATIONS BOARD Railroad Administration. Cooperative agreements w ith Rules and Regulations States; extent of acceptance; Employee responsibilities and con TREASURY DEPARTMENT correction ____ ,______13512 duct ______13560 See Customs Bureau. CONTENTS 13479 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 L 1967. and specifies how they are affected. 64 ____—______—______13514 3 CFR 29 CFR 65 ______,.„13514 Proclamations: 100____ J______-______13560 66—__:_____:______13514 3805 ______„ — — 13481 67 ___— ______...13514 3806 ______— =— 4-— ----— 13483 45 CFR 68 ______13514 3807 ______— ------13485 502.__— ______13507 69 ______13514 70 ______13514 7 CFR 46 CFR 71 ______13514 51 (3 documents)__ 13487,13492,13500 78_^—_:______13514 45__ 13508 79______13514 401______§______13504 P roposed R u l e s : 1446__ 13504 2 13514 90 ______13514 24______13514 91 ______1______13514 14 CFR 97 _____ .13514 30 _ 13514 98 ______— ______13514 23______*______— 13505 31 ______13514 93______13514 47___ — _____ — ______13505 32 ______——______13514 111______„ —13514 49______i______13505 35______13514 162— ____ — 13514 65______—,______13505 37______— ____ 13514 176______13514 71 (3 documents) .___13506,13507 38—______13514 182______. . . 13514 75______i j ______ZÙ__ 13507 39— ______13514 1211.______13505 40______— ______13514 385______1— 13507 50______— ______, ___ 13514 47 CFR Proposed R u l e s : * _ 51— — _____ 13514 73— ______13509 71 (3 documents)______— 13526 52_*—_——____ 13514 74______— ______i 13512 53— ______13514 17 CFR 54 ______.1.13514 P roposed R u l e s : 73____ r___ 13527 250. 13487 55 ______— — 13514 56______».____13514 19 CFR ^ 57______— ____. . . 13514 49 CFR 58 _ ———— —— —— 13514 191— ___ —______— — 13512 Proposed R u l e s : 59—______—— ___ 13514 14. 13514 60 ______—______13514 277a______13512 61 ______13514 21 CFR 6 2 „______13514 50 CFR 8. 13507 63______13514 32 (5 documents). 13512,13513
Presidential Documents
Title 3— THE PRESIDENT Proclamation 3805 VETERANS DAY, 1967 By the President of the United States of America A Proclamation We Americans hold freedom as our birthright. We cherish it as the basic condition of our national life. But we are deeply mindful of its cost. Our freedom was won in the agony of conflict. Two centuries later, we enjoy its blessings only because men have been willing to risk their lives to preserve it. Again today, in a complex and bitter War, America’s sons must fight in freedom’s defense. None before them have fought more bravely, or with greater devotion to America’s cause, than those who serve us now in Vietnam. We can never repay in full the debt we owe to the veterans of this Nation’s wars. Yet we can show our appreciation of their service and sacrifice. Through the G.I. Bill of Rights, we endeavor to ease the serviceman’s return to civilian life. As a result of the Veterans’ Act of 1967, men in uniform today can receive benefits comparable to those granted their brothers-in-arms of past conflicts For almost three decades, it has been a proud American tradition to observe each year a special day of gratitude to all of America’s veterans. > To this end the Congress has designated the eleventh of November as a legal holiday to be known as Veterans Day, and has dedicated it to the'cause of world peace (Act of May 13,1938,52 Stat. 351, as amended (5 U.S.C. 6103)). NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, urge the people of this Nation to join in commemorating Saturday, November 11, 1967, as Veterans Day with suitable observances. I direct the appropriate officials of the Government to arrange for the display of the .flag of the United States on all public buildings on that day; and I request the officials of Federal, State, and local govern ments, and civic and patriotic organizations to give their enthusiastic leadership and support to appropriate public ceremonies throughout the Nation. I urge all citizens, and especially students and young people, to take part in these ceremonies. Let us demonstrate to all the world our devo tion to the principles of freedom for which so many have served in the past, and pledge our full support of those who today carry on the battle to insure that freedom shall survive. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of September, in the year of our Lord nineteen hun dred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-second.
[F.R. Doc. 67-11406; Filed, Sept. 25, 1967 ; 3:08 p.m.]
FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967
THE PRESIDENT 13483
Proclamation 3806 CHILD HEALTH DAY, 1967 By the President of the United States of America A Proclamation Fifty years ago almost a hundred babies in every thousand died in their first year. By 1965 this tragic figure had dropped to twenty- five. The result is that an inconsolable grief has been lifted from the hearts of millions of American families—and more than a third of our population today is under eighteen years of age. The health of our children is both a national pride and a national concern. Thanks to the genius of our medical scientists, doctors, and public health officials—who have in recent years received vital support from national funds-r-many of the diseases which plagued our childhood are no longer a serious threat to our children today. Vaccines for polio, diphtheria, and whooping cough have cut these diseases to a virtual vanishing point. Measles, so familiar in our youth, can be dealt a final blow this fall if all the children in kindergarten and first and second grades, who are not already protected, are vacci nated. Other infectious diseases of childhood, such as scarlet fever, can be quickly controlled and their after-effects prevented with today’s drugs. It is important to the American future that we assure the health and full development of our youth. For to the degree that we do, we assure the health and development of tomorrow’s America. I urge all Americans to encourage our young people to take full advantage of the many facilities for the promotion and protection of physical, mental, and emotional health. Because of its concern for the well-being of our children, the Congress, by a joint resolution of May 18, 1928, 45 Stat. 617, as amended (36 U.S.C. 143), requested the President of the United States to issue annually a proclamation setting apart the first Monday in October as Child Health Day. Child Health Day is also an appropriate time to observe a Universal Children’s Day, and to salute the work which the United Nations, through its specialized agencies, and the United Nations Children’s Fund are doing to build better health for children around the world. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate Monday, October 2, 1967, as Child Health Day; and I invite all persons and all agencies and organizations interested in the health and welfare of children to unite on that day in observances that will bolster our efforts to foster their growth into full participants in our society. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of September, in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-second.
[F.R. Doc. 67-11420; Filed, Sept. 25, 1967 ; 5:00 p.m.]
FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 Wo. 187—Pt. I--- 2
THE PRESIDENT 13485
Proclamation 3807 GENERAL PULASKI’S MEMORIAL DAY, 1967 By the President of the United States of America A Proclamation One hundred and eighty-eight years ago, Casimir Pulaski gave his life so that a young and valiant nation might live in freedom. Barely thirty years old when, as a Polish patriot in exile, he came to fight with Greorge Washington’s Revolutionary Army, General Pulaski was richly endowed with the qualities of dedication and cour age that have been the source of America’s greatest strength. He organized the first American cavalry unit, known as the Pulaski Legion, and served with great distinction at Brandywine and German town. He was mortally wounded on October 9, 1779 while leading his cavalry unit in a daring charge during the Battle of Savannah. General Pulaski held the conviction that freedom is a nation’s most cherished possession—that the' erosion of freedom anywhere weakens freedom everywhere. Americans have fought many times for that conviction. We are fighting for it today in Vietnam. In memory of a gallant defender of our Nation, let us rededicate ourselves to the principles for which he gave his life—principles which millions of Polish immigrants to America have defended and strength ened over the years. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate Wednesday, Oc tober 11, 1967, as General Pulaski’s Memorial Day; and I direct the appropriate Government officials to display the flag of the United States on all Government buildings on that day. I also invite the people of the United States to observe the day with appropriate cere monies in honor of the memory of General Pulaski and his dedication to the defense of liberty. IN WITNESS WHEREOF, I have hereunto set my hand, this 26th day of September, in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-second.
[F.R. Doc. 67-11451; Filed, Sept. 26, 1967; 12:10 p.m.]
FEDERAL REGISTER, VOL. 32, NO. 187—-WEDNESDAY, SEPTEMBER 27, 1967
13487 Rules and Regulations
and 2(a)(4) of the Act, to a company Title 17— COMMODITY AND which (1 ) owns no utility assets located Title 7— AGRICULTURE within any State of the United States, (2) has no subsidiary company owning Chapter I— Consumer and Marketing SECURITIES EXCHANGES such assets within the United States, and Service (Standards, Inspections, Chapter II— Securities and Exchange (3) is engaged solely in businesses outside Marketing Practices), Department of Commission the United States, if its gross sales of Agriculture electric energy or of natural or manu PART 250— GENERAL RULES AND factured gas distributed at retail by PART 51— FRESH FRUITS, VEGE REGULATIONS, PU BLIC UTILITY means of facilities owned or operated by TABLES, AND OTHER PRODUCTS HOLDING COMPANY ACT OF 1935 such company, did not exceed 1 percent (INSPECTION, CERTIFICATION, AND of its gross revenues during the previous Additional Exclusion From Public Util calendar year. STANDARDS) ity Holding Company Act of 1935 Essentially, the amendment applies to Subpart— U.S. Standards for Grades companies incorporated within the of Florida Grapefruit1 On July 25, 1967, the Securities and United States but operating solely out Exchange Commission published notice side the United States. Such a company On July 8, 1967, a notice of proposed (Holding Company Act Release No. would be one who produced electric en rule making was published in the F ed 15798) (in F ederal R egister on July 28; ergy or gas primarily for its own con eral R egister (32 F.R. 10084) regarding 1967 (32 F.R. 11004)) that it had under sumption or consumption by affiliate a proposed: revision of U.S. Standards for consideration an amendment to Rule companies, but which would have sur Grades of Florida Grapefruit (7 CFR 7 (17 CFR 250.7) under the Public Utility 51.750-51.783). Holding Company Act of 1935 (“Act”) plus available for resale and where such sales would produce gross revenues in ex Statement of considerations leading to (15 U.S.C. 79a et seq.) to provide for an the revision of the grade standards. Fol additional exclusion from the statutory cess of $100,000. The purpose of amend lowing publication of the proposal in the definition of a utility company and in ing Rule 7 (17 CFR 250.7) is to obviate F ederal R egister on July 8, copies were vited all interested persons to submit the need for a holding company to apply distributed to industry organizations and their views and comments upon the pro periodically for an exemption under sec individuals for comment. In response only posal. No comments were received. The a few comments were received. These Commission, after due consideration, has tion 3(a)(5) (of the Act) as such new foreign subsidiary companies are ac were very favorablé and indicated that determined to adopt the amendment to the revision will materially improve the Rule 7 in the form set forth below. quired or organized and are primarily grade standards and promote the mar Section 2(a) (3) of the Act sets forth engaged in nonutility businesses. keting of a more uniformly graded prod the definition of an electric utility com The text of the amendment to Rule 7 uct. Essentially the text is the same as pany essentially as “any company which reads as follows: published in the proposal. owns or operates facilities used for the generation, transmission, or distribution § 250.7 Companies deemed not to be Trends in marketing practices, over the of electric energy for sale * * Sec electric or gas utility companies. past few years, have prompted a revision tion 2(a) (4) of the Act sets forth the * * * * * of the U.S. Standards for Grades of Flor definition of a gas utility company es ida Grapefruit which have been in effect sentially as “any company which owns (c) Any company, which (1) owns no utility assets located within any State of since 1960. or operates facilities used for the distri The revised standards introduce a new bution at retail * * * of natural or the United States, (2) has no subsidiary manufactured gas for heat, light, or company owning any such assets so lo concept in the application of the grade power.” The Commission is empowered cated, and (3) is engaged solely in busi standards. This new concept involves the by both sections to adopt rules and reg ness outside the United States, shall not use of statistical principles and pro ulations excluding specific classes of be deemed to be an electric or gas utility cedures in determining compliance with companies from the definitions of a the standards. public-utility company. company within the meaning of section Rule 7 (17 CFR 250.7) under the Act, 2(a) (3) or section 2(a) (4) of the Act, In the application of these standards which has been adopted under sections if its gross sales of electric energy or of under an inplant inspection operation a 2(a) (3) and 2(a) (4) of the Act, specifies natural or manufactured gas distributed quality control master note sheet is used. two classes of companies deemed not to at retail, by means of facilities owned The note sheet graphically presents the be electric or gas utility companies. Rule quality level being packed during any "(a) (17 CFR 250.7(a)) provides that: or operated by such company, did not ex ceed 1 percent of its gross revenues dur given period in the day. This quality con Any company which is primarily engaged ing the previous calendar year. trol aid is used during the packing proc m one or more businesses other th a n th e ess for determining the grade. The-new business of any electric or gas u tility com (Secs. 2(a)(3), 2(a)(4), 20(a), 49 Stat. 804, pany, shall not be deemed an electric or gas 833; 15 U.S.C. 79b(a) (3), 79b(a) (4), 79t(a)) concept is also applicable in determining utility company within the meaning of sec- grade on a lot basis. f.0“ 2(a) (3). or section 2(a)(4) of the Act The foregoing rule is declared effective. the gross sales of electric energy, or of The Florida Citrus Industry favors a if8,1 0r manufactured gas distributed at By the Commission. having the new concept incorporated in tail by m eans of th e facilities owned or ky such company, did not exceed [ sea l] O rval L. DtrBois, ♦ 00,000 during the previous calendar year. Secretary. 1 Packing of the product in conformity with the requirements of these standards The amendment to Rule 7 (17 CFR S eptem ber 18, 1967. shall not excuse failure to comply with the provisions of the Federal Food, Drug, and 50.7) provides an additional exclusion [FJt. Doc. 67-11290; Filed, Sept. 26, 1967; Cosmetic Act or with applicable State laws h>m the definitions in sections 2(a) (3) 8:46 a m .] and regulations.
FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13488 RULES AND REGULATIONS the grade standards. The major changes A uthority : The provisions of this subpart (8) Hail; are as follows: Issued under secs. 203, 205, 60 Stat. 1087, as (9) Insects; (1) Each sample selected for grade amended, 1090 as amended; 7 U.S.C. 1622, (10) Oil spots; determination shall consist of 33 grape 1624. (11) Scab; fruit. The individual sample size is con G rades (12) Scale; stant. § 51.750 U.S. Fancy. (13) Scars; (2) Tolerances are specified as accept “U.S. Fancy” consists of grapefruit (14) Skin breakdown; ance numbers. Maximum or minimum which meet the following requirements: (15) Sprayburn; numbers of defective or off-size grape (a) Basic requirements: (16) Sprouting; fruit are specified for the number of sam (1) Discoloration: (17) Sunburn; ples selected for grade determination. (1) Not more than one-tenth of the (18) Thom scratches; and, (3) A maximum limit is set as to the surface, in the aggregate, may be af (19) Other means.- number of defective, discolored or off- fected by discoloration. (See § 51.770.) (d) For tolerances see § 51.761. size grapefruit which each individual 33- (2) Firm; § 51.752 U.S. No. 1 Bright. count sample rr ay contain ^for all grades (3) Mature; except the Bronze and Russet grades. A (4) Similar varietal characteristics; The requirements for this grade are minimum number of discolored grape (5) Smooth texture; the same as for the U.S. No. 1 except fruit for each 33-count sample is set for (6) Well colored; and, that no fruit may have more than one- the Bronze and Russet grades. These re (7) Well formed. fifth of its surface, in the aggregate, quirements are specified in the tolerance (b) Free from: affected by discoloration. tables under the absolute limit heading. (1) Ammoniation; (a) For tolerances see § 51.761. A new format is used to present in logi (2) Bruises; cal order the various requirements for the (3) Buckskin; § 51.753 U.S. No. 1 Golden. particular grade. Also a new Classifica (4) Caked melanose; The requirements for this grade are tion of Defects section is provided which (5) Cuts not healed; the same as for U.S. No. 1 except that not lists limitations for defects under the in (6) Decay; more than the number of. fruits per jury, damage, serious damage, and very (7) Growth cracks; mitted in § 51.761, Tables I and H, shall serious damage headings. Both changes (8) Scab; have more than one-third of their sur are designed to bring about and promote (9) Sprayburn; and, face, in the aggregate, affected by dis greater uniformity and better under (10) Wormy fruit. coloration. standing of the standards. •(c) Free from injury caused by: (a) For tolerances see § 51.761. After consideration of all relevant (1) Green spots; matters presented, including the proposal (2) Oil spots; § 51.754 U S. No. 1 Bronze. set forth in the aforesaid notice, the fol (3) Scale; The requirements for this grade are lowing U.S. Standards for Grades of (4) Scars; the same as for U.S. No. 1 except that all Florida Grapefruit are hereby promul (5) Skin breakdown; and, fruit must show some discoloration. Not gated pursuant to the Agricultural Mar (6) Thom scratches. less than the number of fruits required keting Act of 1946 (60 Stat. 1087, as (d) Free from dainage caused by: in § 51.761, Tables I and H, shall have amended; 7 U.S.C. 1621-1627). (1) Dirt or other foreign material; more than one-third of their surface, in G rades (2) Disease; the aggregate, affected by discoloration. Sec. (3) Dryness or mushy condition; The predominating discoloration on 51.750 U.S. Fancy. (4) Hail; these fruits shall be of rust mite type. 51.751 U.S. No. 1. (5) Insects; (a) For tolerances see § 51.761. 51.752 U.S. No. 1 Bright. (6) Sprouting; § 51.755 U.S. No. 1 Russet. 61.753 TJ.S. No. 1 Golden. (7) Sunburn; and, 51.754 U.S. No. 1 Bronze. The requirements for this grade are 51.755 U.S. No. 1 Russet. (8) Other means. (e) For tolerances see § 51.761. the same as for U.S. No. 1 except that 51.756 U S . No. 2. not less than the number of fruits re 51.757 U.S. No. 2 Bright. § 51.751 U.S. No. 1. 51.758 U.S. No. 2 Russet. quired in § 51.761, Tables I and H, shall 51.759 U.S. No. 3. “U.S. No. 1” consists of grapefruit have more than one-third of their sur which meet the following requirements: face, in the aggregate, affected by any U nclassified (a) Basic requirements: type of discoloration. 51.760 Unclassified, v (1) Discoloration: (a) For tolerances see § 51.761. T olerances (1) Not more than one-third of the § 51.756 U.S. No. 2. 51.761 Tolerances. surface, in the aggregate, may be af Standard P ack fected by discoloration. (See § 51.770.) “U.S. No. 2” consists of grapefruit (2) Fairly smooth texture; which meet the following requirements: 51.762 Standard pack. (3) Fairly well colored; (a) Basic requirements: D e f in it io n s (4) Firm; (1) Discoloration: 51.763 Similar varietal characteristics. (5) Mature; — (1) Not more than one-half of the sur 51.764 Well colored. > (6) Similar varietal characteristics; face, in the aggregate, may be affected 51.765 Firm . and, by discoloration. (See § 51.770.) 51.766 W ell form ed. - (7) Well formed. / (2) Fairly firm; 51.767 Mature. (b) Free from: (3) Mature; 51.768 Smooth texture. (4) Similar varietal characteristics; 51.769 Injury. (1) Bruises; 51.770 Discoloration. (2) Cuts not healed; (5) Slightly colored; 51.771 Fairly weU colored. (3) Decay; (6) Not more than slightly misshapen; 51.772 Fairly smooth texture. (4) Growth cracks; and, and, . 51.773 Dam age. (5) Wormy fruit. (7) Not more than slightly rougn 51.774 Fairly firm. (c) Free from damage caused by: texture. 51.775 S ligh tly m isshapen. (1) Ammoniation; (b) Free from: 51.776 Slightly rough texture. (2) Buckskin; (1) Bruises; 51.777 Serious damage. (2) Cuts not healed; 51.778 Slightly colored. (3) Caked melanose; 51.779 M isshapen. (4) Dirt or other foreign material; (3) Decay; 51.780 Slightly spongy. (4) Growth cracks; and, 51.781 Very serious damage. (5) Disease; (5) Wormy fruit. . 51.782 Diameter. (6) Dryness or mushy condition; (c) Free from serious damage causea 61.783 Classification of defects. (7) Green spots; by: ■*,
FEDERAL REGISTER, V O L 32, NO. 187-—WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13489
(1) Ammoniation; more than one-half of their surface, in (10) Scab; (2) Buckskin; the aggregate, affected by discoloration. (11) Scale; (3) Caked melanose; (a) For tolerances see § 51.761. (12) Scars; (4) Dirt or other foreign material; § 51.759 U.S. No. 3. (13) Skin breakdown; (5) Disease; (14) Spraybum; (6) Dryness or mushy condition; “U.S. No. 3” consists of grapefruit (15) Sprouting; (7) Green spots; which meet the following requirements: (16) Sunburn; and, (8) Hail; (a) Basic requirements: (17) Other means. (9) Insects; (1) Mature; (d) For tolerances see § 51.761. (2) Misshapen; (10) Oil spots; U nclassified (11) Scab; (3) Poorly colored: (12) Scale; (i) Not more than 25 percent of the§ 51.760 Unclassified. (13) Scars; surface may be of a solid dark green “Unclassified” consists of grapefruit (14) Skin breakdown; color. which have not been classified in accord (15) Spraybum; (4) Rough texture, not seriously ance with any of the foregoing grades. (16) Sprouting; bumpy; The term “unclassified” is not a grade (17) Sunburn; (5) Similar varietal characteristics; and, within the meaning of these standards (18) Thorn scratches; and, but is provided as a designation to show (19) Other means. (6) Slightly spongy. (d) For tolerances see § 51.761. (b) Free from: that no grade has been applied to the lot. (1) Cuts not healed; § 51.757 U.S. No. 2 Bright. (2) Decay; and, T olerances The requirements for this grade are (3) Wormy fruit. § 51.761 Tolerances. the same as for U.S. No. 2 except that no (c) Free from very serious damage In order to allow for variations inci fruit may have more than one-fifth of its caused by: dent to proper grading and handling in surface, in the aggregate, affected by dis (1) Ammoniation; each of the foregoing grades, based on coloration. (2) Bruises; sample inspection, the number of de (a) For tolerances see § 51.761. (3) Buckskin; (4) Caked melanose; fective or off-size specimens in the in § 51.758 U.S. No. 2 Russet. (5) Disease; dividual sample, and the number of The requirements for this grade are C6) Dryness or mushy condition; defective or off-size specimens in the lot, the same as for U.S. No. 2 except that not (7) Growth cracks; shall be within the limitations specified less than the number of fruits required (8) Hail; in Tables I and II. No tolerance shall in § 51.761, Tables I and II, shall have (9) Insects; apply to wormy fruit.
T a b l e I — Sh ip p in g P o in t » (a) FOR 1 THROUGH 20 SAMPLES
Number of 33-count samples 3 Factor Grades AL 2 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Acceptance numbers ‘ (maximum permitted)
Decay...... IE* U.S. Fancy...... U.S. No. 1...... 0 0 0 1 »1 1 2 2 2 *2 2 2 3 3 3 ‘ 3 3 4 4 4 U.S. No. 2...... }\
U.S. No. 3._„._ 1 0 1“ 31 1 2 ‘ 2 2 3 3 ‘ 3 3 4 4 4 •4 5 5 5 •5 5
Very serious U.S. Fancy____ damage includ U.S. No. 1...... 3 6 7 8 10 11 13 14 16 17 18 20 21 23 24 25 27 28 30 31 ing decay. U.S. No. 2...... *
Total defects in A lfei...... 5 6 9 - 12 16 19 22 25 28 31 34 37 40 44 46 49 62 55 68 61 64 cluding decay and very L serious dam age.
02-size 7 : 5 9 12 16 19 22 25 28 31 34 37 40 44 46 49 62 55 58 61 64
Discoloration..... U.S. No. 1...... U.S. No. 1 Bright. U.S. No. 2...... 7 6 9 12 16 19 22 25 28 31 34 37 40 44 46 49' 52 65 58 61 64 U.S. No. 2 Bright.
U.S. No. 1 16 13 23 34 44 64 63 73 83 92 102 112 122 131 140 150 159 169 178 188 197 Golden.
Acceptance numbers 4 (minimum required)
U.S. No. 1 Bronze. 9 20 32 44 66 68 81 93 105 118 130 142 155 168 180 193 206 218 231 244 U.S. No. 1 Russet. I/
U.S. No 2. Russet. 0 2 4 8 11 14 18 21 25 28 32 36 39 43 47 60 53 57 61 64 68
FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13490 RULES AND REGULATIONS
(b ) TOR SI THROUGH 40 SAMPLES
Number of 33-count samples * Factor Grades AL* a 23 23 24 25 26 27 28 29 30 31 32 33 3« 35 36 37 38 39 40
Acceptance numbers4 (maximum permitted) D ecay....___ U.8. Fancy____ U.S. No. t ...... 4 4 *4 4 4 6 5 5 5 5 ‘ 5 6- 5 6 6 6 6 6 «6 6 U.S. No. 2____ i
U.S. No. 3 1 6 6 6 6 ‘ 6 6 7 7 7 »7 7 8 8 8 ‘ 8 8 9 9 9 9
-Very serious U.S. Fancy...:.- damage includ- U.S. No. 1____ 32 34 35 36 38 39 40 42 43 44 45 47 48 49 51 52 53 54 56 57 ' ing decay; U.S. No. 2 . ___ b
Total defects in AH...... 6 «7 70 73 76 79 82 84 87 90 93 96 99 102 105 107 110 113 116 119 122 cluding decay and very serious damage.
Off-size___ 7 67 70 73 76 79 82 84 87 90 93 96 99 102 105 107 110 113 116 119 122
Discoloration. _ u . s . No. 1 ...: :. U.S. No. 1 Bright. U.S. No. 2__... 7 67 70 73 76 79 82 84 87 90 93 96 99 102 105 197 110 113 116 1» 122 U.S. No. 2 Bright.
U.S. No. 1 16 206 216 225 234 247 253 264 274 281 290 300 309 318 327 337 346 355 364 374 383 Golden.
Acceptance numbers < (minimum required) U.S. No. 1 Bronze. 499 U.S. No. 1 256 269 282 294 307 320 333 345 358 371 383 396 409 422 435 447 460 473 486 Russet. •
U.S. No. 2 0 72 76 80 84 88 92 96 99 103 107 110 114 118 122 128 130 134 137 141 145 Russet.
1 Shipping point, as used in these standards, means the point of origin of the ship- * Sample size—33 count, meat in tbe production area or at port of loading for ship stores or overseas shipments, 4 Acceptance number—Maximum or minimum number of defective or on-slze or in the case of shipments from outside the continental United States, the port of fruit permitted. e n tr y into the United States. 4 Preferred number of samples for this acceptance number. * AL—Absolute limit permitted in individual 33-count sample.
FEDERAL REGISTER, VOL. 32, NO. 187-— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13491
S tandard P ack Citrus Code of 1949, as amended (Chs. § 51.774 Fairly firm. § 51.762 Standard pack. 28090 and 29760, Laws of Florida, 1953 “Fairly firm” means that the fruit may land 1955) or as the definition of such be slightly soft, but not bruised, and the (a) Fruits shall be fairly uniform In term may hereafter be amended. skin is not spongy, or puffy. size, unless specified as uniform in size, § 51.768 Smooth texture. and when packed in boxes or cartons, § 51.775 Slightly misshapen. shall be arranged according to the ap “Smooth texture” means that the skin “Slightly misshapen” means that the proved and recognized methods. Each is thin and smooth for the variety and fruit has fairly good shape character wrapped fruit shall be fairly well en size of the fruit. istic of the variety and is not more than closed by its individual wrapper. § 51.769 Injury. slightly elongated or pointed or other (b) All such containers shall be wise deformed. tightly packed and well filled but the con “Injury” means any specific defect tents shall not show excessive or unneces described in § 51.783, Table IV; or an § 51.776 Slighdy rough texture. sary bruising because of overfilled pack equally objectionable variation of any “Slightly rough texture” means that ages. When grapefruits are packed in one of these defects, any other defect, or the skin may be slightly thick but not standard nailed boxes, each box shall any combination of defects, which excessively thick, materially ridged or have a m in im u m bulge of 2 inches, except slightly detracts from the appearance, or grooved. that boxes packed with grapefruit of a the edible or marketing quality of the § 51.777 Serious damage. fruit. size 80 or smaller need only have a bulge “Serious damage” means any specific of 1 lh inches. When packed in cartons or § 51.770 Discoloration. defeet described in § 51.783, Table IV; in wire-bound boxes, each container shall “Discoloration” means russeting of a or an equally objectionable variation of be at least level full at time of packing. light shade of golden brown caused by any one of these defects, any other de (c) “Fairly uniform in size” means rust mite or other means, Lighter shades fect, or any combination of defects, that not more than the number of fruits of discoloration caused by superficial which seriously detracts from the ap permitted in § 51.761, Tables I and n , scars or other means may be allowed on pearance, or the edible or marketing are outside the ranges of diameters given quality of the fruit. in the following table for various packs:, a greater area, or darker shades may be allowed on a lesser area, provided no dis § 51.778 Slighdy colored. T a b l e III—D ia m e t e r in I n c h e s coloration caused by speck type melanose or other means may detract from the ap “Slightly colored” means that except P a c k Minimum Maximum for an aggregate area of green color pearance of the fruit to a greater extent which does not exceed the area of a circle than the shade and amount of discolora 36’s . 5 W o 2 inches in diameter, the fruit surface 45’sor46’s-_ ' . ______4 i K # 5 f i« tion allowed in the grade. shows some yellow color. 54’s or 56’s ...... 4W * 4 15 i* 64’s __ . . , 49fo 4» M s § 51.771 Fairly well colored. § 51.779 Misshapen. 70’s or 72*s...... , 3 % 4M « 80’s ...... 3»M e 4M # “Misshapen” means that the fruit is 96’s ____ ... 391« m» “Fairly well colored” means that, ex IlWs...... 3M * 4 cept for an aggregate area of green color decidedly elongated, pointed, or flat 125’s or 126’s ______3 $ ie 3»M « which does not exceed the area of a circle sided. § 51.780 Slighdy spongy. (d) “Uniform in size” means that not I inch in diameter, the yellow or orange more than the number of fruits permit color predominates over the green color. “Slightly spongy” means that the fruit is puffy or slightly wilted but not flabby. ted in § 51.761, Tables I and n , vary § 51.772 Fairly smooth texture. more than the following amounts: § 51.781 Very serious damage. (1) 64 size and smaller—not more “Fairly smooth texture” means that than inch in diameter. "Very serious damage” means any spe the skin is fairly thin and not coarse for cific defect described in § 51.783, Table (2) 54 size and larger—not more than the variety and size of the fruit. %e inch in diameter. IV; or an equally objectionable varia • fe) In order to allow for variations, § 51.773 Damage. tion of any one of these defects, any other than sizing, incident to proper other defect, or any combination of de packing, not more than 5 percent of the “Damage” means any specific defect fects, which very seriously detracts from packages in any lot may fail to meet the described in § 51.783, Table IV; or an the appearance, or the edible or market requirements of standard pack. equally objectionable variation of any ing quality of the fruit. § 51.782 Diameter. D e f in it io n s one of these defects, any other defect, or any combination of defects, which ma “Diameter” means the greatest dimen § 51.763 Similar varietal characteristics. terially detracts from the appearance, or sion measured at right angles to a line “Similar varietal characteristics” the edible or marketing quality of the from stem to blossom end. means that the fruits in any container are similar in color and shape. fruit. § 51.783 Classification of defects. § 51.764 Well colored. T able IV “Well colored” means that the fruit is Factor Injury Damage Serious damage Very serious damage yellow in color with practically no trace of green color. Ammoniation____ Not occurring as light Scars are cracked or Aggregating more than speck type. dark-and aggregat 25 percent of the § 51.765 Finn. ing more than a surface. circle 1 inch in di- • “Firm” means that the fruit is not soft, ameter on a 70 size n°ticeably wilted or flabby, and the grapefruit. Buckskin______------*------Aggregating more Aggregating more Aggregating more s™i is not spongy or puffy. than a circle IX than 25 percent of than 50 percent of inches in diameter the surface. the surface. §51.766 Well formed. on a 70 size grape fruit. Well formed” means that the fruit Caked melanose.. ______Aggregating more Aggregating more Aggregating more than a circle X than a circle 1 inch than 25 percent of has t*1® shape characteristic of the inch in diameter in diameter on a 70 the surface. variety. on a 70 size grape size grapefruit. fruit. Dryness or mushy Affecting all segments Affecting all segments Affecting all segments § 51.767 Mature. condition. more than X inch more than X inch more than X inch at stem end, or the at stem end, or the at stem end, or the Mature” shall have the same meaning equivalent of this equivalent of this equivalent of this amount, by volume, amount, by volume, amount, by volume, currently assigned that term in sections when occurring in when occurring in when occurring in other portions of other portions of other portions of °U6* 601.17, and 601.18 of the Florida the fruit. the fruit. the fruit.
No. 187—Pt. I- FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13492 RULES AND REGULATIONS
T a b l e I V —Continued . proposed revision of U.S. Standards for Grades of Florida Oranges and Tange Factor Injury Damage Serious damage Very serious damage los (7 CFR 51.1140-51.1179). Statement of considerations leading Green spots. More than slightly More than 10 spots More than 25 spots to the revision of the grade standards. affecting appear caused by scale, caused by scale, ance. each spot equiva each spot equiva Following publication of the proposal in lent to the area of lent to the area of a the F ederal R egister on July 8, copies circle yfa inch in circle MTInch in diameter oh a 70 diameter on a 70 were distributed to industry organiza size grapefruit. size grapefruit. tions and individuals for comment. In HaU. Not well healed, or Not well healed, or Not well healed, or Not well healed, or aggregating more aggregating more aggregating-more aggregating more response only a few comments were re than a circle % than a circle 34 inch than a circle % inch than a circle 1 inch ceived. These were very favorable and inch in diameter in diameter on a 70 in diameter on a 70 - in diameter on a 70 indicated that the revision will mate on a 70 size size grapefruit., size grapefruit. size grapefruit. grapefruit. rially improve the grade standards and Oil spots. More than slightly More than 5 spots, or More than 10 spots, or promote the marketing of a more uni affecting appear aggregating more aggregating more ance; than a circle % inch than a circle 1 inch formly graded product. Essentially the in diameter on a 70 in diameter on a 70 text is the same as published in the pro size grapefruit. size grapefruit; Scab. Materially detracts Seriously detracts Aggregating more posal. from the shape or from the shape or ' than 25 percent of Trends in marketing practices, over texture, or aggre texture, or aggre the surface. gating more than a gating more than a the past few years, have prompted a re circle % inch in circle H inch in vision of the U.S. Standards for Grades diameter on a 70 diameter on a 70 of Florida Oranges and Tangelos which size grapefruit. size grapefruit. Scale. More than a few Blotch aggregating B1 otch-aggregating Aggregating more have been in effect since 1960. adjacent to the more than a circle more than a circle than 25 percent of The revised standards introduce a new “button” at the % inch in diameter, 1 inch in diameter, the surface. stem end, or or occurring as a or occurring as a concept in the application of the grade more than 6 scat ring more than a ring more than a standards. This new concept involves tered on other circle 1 inches in circle 13^ inches in portions of the diameter on a 70 diameter on a 70 the use of statistical principles and pro fruit. size grapefruit. size grapefruit. cedures in determining compliance with Scars. Depressed, not Deep, not smooth, or Very deep, fairly Deep, rough, or the standards. smooth, or de shallow or fairly smooth, or detracts unsightly that tracts from ap shallow and de from appearance appearance is very In the application of these standards pearance more tracts from appear more than the seriously affected. under an inplant inspection operation a than the amount ance more than the amount of discolor of discoloration amount of discolor ation permitted in quality control master note sheet is used. permitted in the ation permitted in the grade. The note sheet graphically presents the grade. the grade. quality level being packed during any Skin breakdown. Aggregating more Aggregating more Affecting more than than a circle % inch than a circle % inch 25 percent of the given period in the day. This quality con in diameter on a 70 in diameter on a 70 surface. trol aid is used during the packing proc size grapefruit. size grapefruit. Sprayburn. Aggregating more Hard and aggregating Aggregating more ess for determining the grade. The new than a circle % inch more than a circle than 25 percent of concept is also applicable in determin in diameter on a 70 1V£ inches in the surface. size grapefruit. diameter on a 70 ing grade on a lot basis. size grapefruit. The Florida Citrus Industry favors Sprouting. More than 6 seeds More than 6 seeds More than 6 seeds are sprouted, or are sprouted, or are sprouted or having the new concept incorporated in more than 1 sprout more than 1 sprout more than 1 sprout the grade standards. The major changes is more than % inch is more than inch is more than % inch in length. in length. in length. are as follows : Sunburn. Skin is flattened, dry, Skin is hard and Affecting more than (1) Each sample selécted for grade darkened, or hard affects more than 50 percent of the and the affected one-third of the surface. determination shall consist of 50 oranges. area exceeds 25 surface. The individual sample size is constant. percent of the surface. (2) Tolerances are specified as accept Thom scratches... Not well healed, or Not well healed, or Not well healed, or Affecting more than ance numbers. Maximum or minimum more unsightly hard concentrated hard concentrated 25 percent of the numbers of off-size oranges are specified than discoloration thorn injury aggre thorn injury aggre surface. permitted in the gating more than a gating more than a for the number of samples selected for grade. circle % inch in circle 7/i inch in grade determination. diameter on a 70 diameter on a 70 size grapefruit. size grapefruit. (3) A maximum limit is set as to the number of defective, discolored, or off- size oranges which each individual 50- The U.S. Standards for Grades of PART 51— FRESH FRUITS, VEGE count sample may contain for all grades Florida Grapefruit contained in this sub TABLES, AND OTHER PRODUCTS except the Bronze and Russet grades. A part shall become effective October 15, (INSPECTION, CERTIFICATION, AND minimum number of discolored oranges 1967, and will thereupon supersede the STANDARDS) for each 50-count sample is set for th# U.S. Standards for Grades of Florida Bronze and Russet grades. Subpart— U.S. Standards for Grades Grapefruit which have been in effect These requirements are specified in the since September 15, 1960 (7 CFR 51.750- of Florida Oranges and Tangelos 1 tolerance tables under the absolute limit 51.783), as amended January 10, 1961. On July 8, 1967, a notice of proposed heading. rule making was published in the F ederal A new format is used to present in Dated: September 20,1967. R egister (32 F .R . 10090) regarding a logical order the various requirements for the particular grade. Also a new Clas G . R . G range, 1 Packing of the product In conformity sification of Defects section is provided Deputy Administrator, with the requirements of these standards Marketing Services, shall not excuse failure to comply with the which list limitations for defects under provisions of the Federal Food, Drug, and the injury, damage, serious damage, and [F.R. Doc. 67-11227; Filed, Sept. 26, 1967; Cosmetic Act or with applicable State laws very serious damage headings. Both 8:45 a.m.] and regulations. changes are designed to bring about and
FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13493 promote greater uniformity and better with either the grapefruit or pomelo (C. (a) Basic requirements: understanding of the standards. paradisi and C. grandis). Separate U.S. (1) Color: After consideration of all relevant mat Standards apply to tangerines. The (1) Early and midseason varieties ters presented, including the proposal standards for internal quality contained shall be fairly well colored. set forth in the aforesaid notice, the in §§ 51.1176 through 51.1179 apply only (ii) For Valencia and other late vari following U.S. Standards for Grades of to common sweet oranges (citrus sinensis eties, not less than 50 percent, by count, Florida Oranges and Tangelos are hereby (L) Osbeck). shall be fairly well colored and the re G rades mainder reasonably well colored. promulgated pursuant to the Agricultural (2) Discoloration: Marketing Act of 1946 (60 Stat. 1087, as §51.1141 U.S. Fancy. (i) Not more than one-third of the amended; 7 U.S.C. 1621-1627). “U.S. Fancy” consists of oranges which surface, in the aggregate, may be affected G eneral meet the following requirements: by discoloration. (See § 51.1162.) Sec. (a) Basic requirements: (3) Fairly smooth texture; 51.1140 General. (1) Discoloration: (4) Firm; G rades (1) Not more than one-tenth of the (5) Mature; 51.1141 U.S. Fancy. surface, in the aggregate, may be af (6) Similar varietal characteristics; 51.1142 U.S. No. 1 Bright. fected by discoloration. (See § 51.1162.) and, 51.1143 TJ.S. No. 1. (2) Firm; (7) Well formed. 51.1144 TJ.S. No. 1 Golden. (3) Mature; (b) Free from: 51.1145 U.S. No. 1 Bronze. (4) Similar varietal ^characteristics; (1) Cuts not healed; 51.1146 TJ.S. No. 1 R usset. (5) Smooth texture; (2) Bruises; 51.1147- U.S. No. 2 Bright. (3) Decay; 51.1148 TJ.S. No. 2. (6) Well colored; and, 51.1149 TJ.S. No. 2 R usset. (7) Well formed. (4) Growth cracks; and, 51.1150 U.S. No. 3. (b) Free from: (5) Wormy fruit. (1) Ammoniation; (c) Free from damage caused by: U nclassified (2) Bruises; (1) Ammoniation; 51.1151 Unclassified. (3) Buckskin; (2) Buckskin; T olerances (4) Caked melanose; (3) Caked melanose; (5) Creasing; (4) Creasing; 51.1152 Tolerances. (6) Cuts not healed; (5) Dirt or other foreign material; Standard P ack (7) Decay; (6) Disease; 51.1153 Standard pack. (8) Growth cracks; (7) Dryness or mushy condition; (9) Scab; (8) Green spots; Standard S izin g (10) Split navels; (9) Hail; 51.1154 Standard sizing. (11) Spraybum; (10) Insects; De f in it io n s (12) Undeveloped segments; and, (11) Oil spots; (13) Wormy fruit. (12) Riciness or woodiness; 51.1155 Similar varietal characteristics. (c) Free from injury caused by: (13) Scab; 51.1156 Well colored. (14) Scale; 51.1157 Firm. (1) Green spots; 51.1158 Well formed. (2) Oil spots; (15) Scars; 51.1159 Mature. (3) Rough, wide or protruding navels; (16) Skin breakdown; 5L1160 Smooth texture. (4) Scale; (17) Split, rough or protruding navels; 51.1161 Injury. (5) Scars; (18) Spraybum; 51.1162 Discoloration. (6) Skin breakdown; and, (19) Sunburn; 51.1163 Fairly sm ooth texture. (7) Thom scratches. (20) Thom scratches; and, 51.1164 Damage. (21) Other means. 51.1165 Fairly well colored. (d) Free from damage caused by: 51.1166 Reasonably well colored. (1) Dirt or other foreign material; (d) For tolerances see § 51.1152. 51.1167 Fairly firm. (2) Disease; (e) Internal quality: 51.1168 Slightly misshapen. (3) Dryness or mushy condition; "(1) Lots meeting the internal require 51.1169 Slightly rough texture. (4) Hail; ments for “U.S. Grade AA Juice (Double 51.1170 Serious damage. (5) Insects; A)” or “UJ5. Grade A Juice” may be so 51.1171 Misshapen. (6) Riciness or woodiness; specified in connection with the grade. 51.1172 Slightly spongy. (See §§ 51.1176-51.1179.) 51.1173 Very serious damage. (7) Sunburn; and, 51.1174 Diameter. (8) Other means. § 51.1144 U.S. No. 1 Golden. 51.1175 Classification of defects. (e) For tolerances see § 51.1152. (f) Internal quality: The requirements for this grade are the Standards for I nternal Q uality o f Co m m o n (1) Lots meeting the internal resame as for U.S. No. 1 except that not Sweet Oranges (Citru s S in e n s is (L) more than the number of fruits permit Osbeck) quirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” ted in § 51.1152, Tables I and n, shall 51.1176 U.S. Grade AA Juice (Double A ). may be so specified in connection with have more than one-third of their sur 51.1177 U.S. Grade A Juice. the grade. (See §§ 51.1176-51.1179.) face, in the aggregate, affected by dis 51.1178 Maximum anhydrous citric' acid coloration. permissible for corresponding to § 51.1142 U.S. No. 1 Bright. (a) For tolerances see § 51.1152. tal soluble solids. (b) Internal quality: 51.1179 Method of juice extraction. The requirements for this grade are the same as for U.S. No. 1 except that (1) Lots meeting the internal require Authority: The provisions of this subpart no fruit may have more than one-fifth ments for “U.S. Grade AA Juice (Double “sued under secs. 203, 205, 60 Stat. 1087, as of its surface, in the aggregate, affected A)” or “U.S. Grade A Juice” may be so 162ended’ 1090 35 am ended: 7 U.S.C. 1622, by discoloration. specified in connection with the grade. (See §§ 51.1176-51.1179.) G eneral (a) For tolerances see § 51.1152. (b) Internal quality: § 51.1145 U.S. No. 1 Bronze. § 51.1140 General. (1) Lots meeting the internal require The requirements for this grade are the The standards contained in this sub- ments for “U.S. Grade AA Juice (Dou same as for U.S. No. 1 except that all Part apply only to the common or sweet ble A)” or “U.S. Grade A Juice” may fruit must show some discoloration. Not orange group and varieties and hybrids be so specified in connection with the less than the number of fruits required oi varieties belonging to the Mandarin grade. (See §§ 51.1176-51.1179.) in § 51.1152, Tables I and n, shall have sroiip, except tangerines, and to the more than one-third of their surface, in ltnis fruit commonly known as § 51.1143 U.S. No. 1. the aggregate, affected by discoloration. tangelo”.—a hybrid between tangerine “U.S. No. 1” consists of oranges which The predominating discoloration on r mandarin orange (citrus reticulata) meet the following requirements: these fruits shall be of rust mite type.
FEDERAL REGISTER, VOL. 32r NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13494 RULES AND REGULATIONS
(a) For tolerances see § 51.1152. (c) Free from serious damage caused (5) Similar varietal characteristics1 (b) Internal quality: by: and, (1 ) Lots-meeting the internal require (1) Ammoniation; (6) Slightly spongy. ments for “U.S. Grade AA Juice (Douhle (2) Buckskin; (b) Free from: A)’’ or “U.S. GradeA Juice” may be so (3) Caked melanose; (1) Cuis not healed; specified in connection with the grade. (4) Creasing; (2) Decay; and, (See §§ 51.1176-51.1179.) (5) Dirt or other foreign material; (3) Wormy fruit. § 51.1146 U.S. No. 1 Russet. (6) Disease; (c) Free from very serious damage (7) Dryness or mushy condition; caused by: The requirements for this grade are (8) Green spots; (1) Ammoniation; the same as for U.S. No. 1 except that not (9) Hail; (2) Bruises; less than the number of fruits required (10) Insects; (3) Buckskin; in § 51.1152. Tables I and II. shall have (11) Oil spots; (4) Caked melanose; more than one-third of their surface, in (12) Riciness or woodiness; (5) Creasing; the aggregate, affected by any type of (13) Scab; (6) Disease; discoloration: (14) Scale; (7) Dryness or mushy condition; (a) For tolerances see § 51.1152. (15) Scars; (8) Growth cracks; (b) Internal quality : (16) Skin breakdown; (9) Hail; FEDERAL, REGISTER, VOL. 32; NO* 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13495 T a b u I — Sh ip p in g P o in t 1 (a) FOB 1 THROUGH 20 SAMPLES Number of 60-count samples * Factor Chad« AL * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Acceptance numbers * (maximum permitted) Decay...... U.S. Fancy..— U.S. No. 1...... 0 1 *1 1 2 *2 2 3 3 3 •3 3 4 4 • 4 4 5 5 5 S U.S. No. 2...... * U.S. No. S...... 2 0 1 2 •2 2 *3 3 4 4 •4 5 5 ‘ 5 6 6 »6 6 7 7 *7 Very serious U.S. Fancy— damage includ U.S. No. 1...... 4 6 9 11 14 16 18 20 22 24 26 28 30 33 35 37 39 41 43 45 ing decay. U.S. No. 2...... * Total defects in cluding decay AD...... 8 7 12 17 22 27 32 36 41 45 6or 64 59 63 68 72 76 81 85 90 94 and very serious damage. Ofl-sire_____ 10 7 12 17 22 27 32 36 41 46 60 64 59 63 68 72 76 81 86 90 94 U.S. No. 1____ U.S. No. 1 Bright. 22 27 32 36 41 45 60 64 69 63 68 72 76 81 86 90 94 U.S. No. 2...... 10 7 12 17 U.S. No. 2 Bright. Discoloration__ - U.Si No. 1 22 18 34 49 64 80 93 109 122 138 151 166 180 194 208 222 .237 251 266 279 293 Golden. Acceptance numbers * (minimum required) U.8. No. 1 Bronze. 126 144 162 182 201 220 240 259 278 297 317 336 365 374 U.S. No. 1 11 15 32 61 69 88 106 Russet. U.S. No. 2 Russet. 1 3 8 12 18 23 29 34 40 46 51 66 62 68 74 79 86 91 97 102 108 FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13496 RULES AND REGULATIONS (B) FOB 21 THROUGH 40 SAMPLES Numb« of 50-count samples3 Factor Grades AL 1 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Acceptance numbers ‘ (maximum permitted) U.S. F ancy..... U.S. No. 1 1 *5 6 6 6 6 *6 6 7 7 7 7 ‘ 7 7 88 8 ‘ 8 8 9 9 U.S. No. 2 ...__ IT S. Nn. 3 2 8 8 ^8 8 9 9 ‘ 9 9 10 10 ‘ 10 11 11 ‘ 11 11 12 12 •12 12 13 Very serious U.S. Fancy____ demage includ TT.S. N o. 1 47 49 61 53 54 56 58 60 62 64 66 68 70" 72 74 76 78 80 81 83 ing decay. U.S. No. 2...... 1 6 Total defects in- . eluding decay All...... 8 98 103 107 111 116 120 124 129 133 137 141 146 150 154 159 163 167 171 ‘ 176 180 and very serious damage. 171 176 180 10 98 103 107 111 116 120 124 129 133 137 141 146 150 154 159 163 167 -, Discoloration____ U.S. No. 1...... U.S. No. 1 Bright. 116 120 124 129 133 137 141 146 150 154 159 163 167 171 176 180 U.S. No. 2...... 10 98 103 107 111 U.S. No. 2 Bright. U.S. No. 1 22 307 321 335 349 363 377 391 405 419 433 447 461 475 489 603 617 531 545 569 673 Golden. Acceptance numbers ‘ (minimum required) U.S. No. 1 Bronze. 452 471 491 510 530 549 569 688 608 627 647 666 686 705 725 744 704 U.S. No. 1 11 394 413 433 Russet; 226 U.S. No. 2 1 114 119 125 131 137 143 149 155 161 166 172 178 184 190 196 202 208 214 220 Russet. * Shipping point, as used in these standards, means the point of origin of the ship « ¡sample size—ou raum . . _ . ment in the production area or at port of loading for ship stores or overseas shipments, ‘ Acceptance number—Maximum or minimum number of defective or on-size or in the case of shipments from outside'the continental United States, the port of fruit permitted. entry into the United States. 8 Preferred number of samples for this acceptance number. a AL—Absolute limit permitted in individual 50-count sample. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13497 T able IE—E n R oute ob at D estination Number of 50-count samples * Factor Grades A L 1 1 2 3- 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Acceptance numbers * (maximum permitted) All...... 4 2 3 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 <20 21 Very serious U.S. Fancy____ damage other U.S. No. 1...... 4 6 9 11 14 16 18 20 22 24 26 28 30 33 35 37 39 41 43 45 than decay. TT.H. No. 2 ..... } 6 Total defects in All 8 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 cluding very serious damage other than decay. 10 7 12 17 22 27 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 Discoloration___ U.S. No. I...... U.S. No. 1 Bright. 22 32 36 41 45 50 54 59 63 68 72 76 81 85 90 94 U.S. No. 2...... 10 7 12 17 27 U.S. No. 2 Bright. U.S. No. 1 22 18 34 49 64 80 93 109 122 138 151 166 180 194 208 222 237 251 265 279 293 Golden. Acceptance numbers * (minimum required) U.S. No. 1 Bronze. 144 182 240 259 278 297 317 336 355 374 U.S. No. 1 15 32 51 69 88 106 125 162 201 220 Russet. f - U.S. No. 2 1 3 8 12 18 23 29 34 40 45 51 56 62 68 74 79 85 91 97 102 106 Russet. ■AL—Absolute limit permitted in individual 50-count sample. »Acceptance number—maximdm or minimum number of defective or off-size * Sample size—50 count. fruit permitted. 4 Preferred number of samples for this acceptance number. S tandard P ack following tables for the various types of T able IV fruit and sizes of containers: (When Temple oranges and Tangelos are packed in 96 §51.1153 Standard pack. bushel flat wire-bound box) T able III (a) Fruit shall be fairly uniform in size and shall be place packed in boxes or (When oranges, Including navels, are packed in Size and Minimum bushel wire-bound box) count Pack Rows Layers diameter cartons and arranged according to the in inches approved and recognized methods and Size and Minimum shall meet the applicable size require count Pack Rows Layers diameter in inches 54’s 4 3 39*« ments set forth in this section. fifi’s fiT 5 4 3 39*« (b) All containers shall be tightly RO’s 5 4 3 inn’s 5 4 2 % packed and well filled but the contents [4 x 4...... 5 5 39*8 m ’s 5 x 5 . 100’s...... *, or 6 4 29*6 shall not show excessive or unnecessary 16 x 5_____ 4 5 39*« 156’s...... 7x6_____ 6 4 29*« bruising because of overfilled containers. 125's...... 5 t 5 5 5 39*« 163’s...... 7x fi 5 5 2 FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13498 RULES AND REGULATIONS T able V slightly detracts from the appearance, (When oranges. Temple manges, Navel oranges and Tán Diameter in inches or the edible or marketing quality of the gelos are packed in 4/5 bushel wire-bound box and 4/5 Size fruit. - bushel fiberboard carton) Minimum Maximum § 51.1162 Discoloration. Minimum 100’s...... - ...... 3946 3*94« “Discoloration” means russeting of a Size Count Pack Rows Layers diameter 125’s ...... 394e 394« light shade of golden brown caused by in inches 163’s ___ _ 2*946 394« Ton’s 2*94« 3 rust mite or other means. Lighter shades 252’,s _____ 2946 2*94« of discoloration caused by superficial (48...... 3 x 3..... 4 4 394« 2946 100’s .... « 324’s...... 294e scars or other means may be allowed on Iso...... 3 x 2___ hr 4 394« 125’s___ 64...... 4 x 4...... 4 4 394s a greater area, or darker shades may be (80...... 5 x 5.__ 4 4 21)46 (c) When oranges are packed in conallowed on a lesser area, provided no dis 163’s___ tainers, in order to allow for variations coloration caused by speck type mela- 1(80 0r 4 5 2*946 (inn ..... 4 6 2*Me incident to proper packing, not more nose or other means may detract from 200’S___ or than 5 percent of the containers in any the appearance of the fruit to a greater (inn 6 6 2* Me 252’s - m Sx 5 5 - 6 2946 lot may fail to meet the requirements of extent than the shade and amount of (163__ 7x6 5 6 294e standard sizing. discoloration allowed for the grade. 324’s___ \ or U63____ 5 x 4___ e 6 294t D e f in it io n s § 51.1163 Fairly smooth texture. § 51.1155 Similar varietal characteris “Fairly smooth texture” means that Provided, That when Navel oranges are tics. the skin is fairly thin and not coarse for packed in these containers, the size, the variety and size of the fruit. pack, count, and minimum diameter “Similar varietal characteristics’* may be as follows: means that the fruits in any container § 51.1164 Damage. are similar in color and shape. “Damage” means any specific defect Minimum §51.1156 Well colored. described in § 51.1175, Table VI; or an Size Count Pack Rows Layers diameter equally objectionable variation of any in inches “Well colored” means that the fruit is yellow or orange in color with practically one of these defects, any other defect, or any combination of defects, which mate 96’s...... 48 3 x 3... 4 4 3946 no trace of green color. 125’s or 64 4 x 4... 4 4 3946 rially detracts from the appearance, or 126’s. §51.1157 Firm. the edible or marketing quality of the 150’s...... 72 5 x 4 .. 4 4 3 175’s or 88 4 x 3 .. 5 5 2*94e “Firm” as applied to common oranges fruit. 176’s. and tangelos means that the fruit is not 216’s...... 112 4 x 5 .. 5 5 2*946 § 51.1165 Fairly well colored. 252’s...... 125 5 x 5 .. 5 5 294e soft, or noticeably wilted or flabby; as 288’s...... 150 6 x 6 .. 5 5 2946 applied to oranges of the Mandarin “Fairly well colored” means that, ex 324’s...... 162 6 x 7 .. 5 5 2946 group (Satsumas, King, Mandarin), cept for an aggregate area of green color “firm” means that the fruit is not ex which does not exceed the area of a (e) “Fairly uniform in size”, as aptremely puffy, although the skin may circle 1 inch in dianieter, the yellow or plied to oranges packed in containers as be slightly loose. orange color predominates over the green color. set forth in paragraph (d) of this sec § 51.1158 Well formed. tion, means that not more than the num §51.1166 Reasonably well colored. ber of fruits permitted in § 51.1152, “Well formed” means that the fruit Tables I and n, are below the minimum has the shape characteristic of the “Reasonably well colored” means that variety. the yellow or orange color predominates diameters given for the various packs over the green color on at least two- and vary more than the following § 51.1159 Mature. amounts: thirds of the fruit surface, in the Diameter (a) “Mature” for other than Temple aggregate. range oranges shall have the same meaning § 51.1167 Fairly firm. Size in in ch es currently assigned that term in sections 100’s and 125’s------601.19 and 601.20 of the Florida Citrus “Fairly firm” as applied to common 163’s and 200’s______—_ %g Code of 1949, as amended (ch. 25149, oranges and tangelos, means that the 252’s and 324’s______94o Laws of Florida, 1949), or as the defini fruit may be slightly soft, but not tion of such term may hereafter bruised; as applied to oranges of the (f) In order to allow for variations inbe amended; Mandarin group (Satsumas, King, Man cident to proper packing, not more than (b) “Mature” for Temple oranges darin) , means that the skin of the fruit 5 percent of the containers in any lot is not extremely puffy or extremely loose. may fail to meet the requirements of shall have the same meaning currently assigned that term in sections 601.21 and §51.1168 Slightly misshapen. standard pack. 601.22 of the Florida Citrus Code of 1949, “Slightly misshapen” means th at the S tandard S izing as amended (ch. 26492, Laws of Florida, fruit is not of the shape characteristic §51.1154 Standard sizing. 1951), or as the definition of such term may hereafter be amended; and, of the variety but is not appreciably (a) Boxes, cartons, bag packs, or bulk (c) “Mature” for Tangelos shall have elongated or pointed or otherwise loads in which oranges are not packed the same meaning currently assigned deformed. according to a definite pattern do not that term in sections 601.231 and 601.232 §51.1169 Slightly rough texture. meet the requirements of standard pack, of the Florida Citrus Code of 1949, as “Slightly rough texture” means that but may be certified as meeting the re amended (ch. 29757, Laws of Florida, quirements of standard sizing: Provided, the skin is not of smooth texture but is 1955), or as the definition of such term not materially ridged, grooved, or That the oranges are fairly uniform in may hereafter be amended. size as defined in this section: And pro wrinkled. § 51.1160 Smooth texture. vided further, That when packed in § 51.1170 Serious damage. boxes or cartons the contents have been “Smooth Texture” means that the properly shaken down and the container skin is thin and smooth for the variety "Serious damage” means any specific is at least level full at time of packing. and size of the fruit. defect described in § 51.1175, Table VI, (b) “Fairly uniform in size” as applied or an equally objectionable variation o to oranges packed as set forth in para § 51.1161 Injury. graph (a) of this section, means that not any one of these defects, any other e “Injury” means any specific defect feet, or any combination of defec , more than the number of fruits permit described in § 51.1175, Table VI; or an ted in § 51.1152, Tables I and II, are out equally objectionable variation of any which seriously detracts from the aP side the range of diameters given for the one of these defects, any other defect, or pearance, or the edible or marke m following pack sizes: any combination of defects, which quality of the fruit. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 T able VI—-Continued § 51.1171 misshapen. Table VI; or an equally objectionable variation of any one of these defects, any Serious damage Very serloug damage “Misshapen” means that the fruit Is other defect, or any combination of de In ju ry D am age d e c id e d ly elongated, pointed or flat- fects, which very seriously detracts from Covering more than sid ed . the appearance, or the edible or market Scale. More than a few Aggregating more Aggregating more adjacent to the than a circle % inch than a circle A inch 25 percent of the §51.1172 Slightly spongy. ing q u a lity of the fruit. ‘‘button” at the in diameter on a in diameter on a 200 surface. stem end, or more 200 size orange. size orange. “Slightly spongy” means that the fruit § 51.1174 Diameter. than 6 scattered Is puffy or slightly wilted but not on other portions flabby. “Diameter” means the greatest dimen of the fruit. Scars. Depressed, not Deep, not smooth, or Very deep, fairly Deep, rough or un § 51.1173 Very serious damage. sion measured at right angles to a line smooth, or de shallow or fairly smooth, or detracts sightly that appear from stem to blossom end. tracts from ap shallow and de from appearance ance is very seri “Very serious damage” means any pearance more tracts from appear more tnan the ously affected. than the amount ance more than the amount of discolor specific defect described in S 51.1175, § 51.1175 Classification of defects. of discoloration amount of discolor ation permitted in the grade. Table VI permitted in the ation permitted in grade. the grade. Skin breakdown. Aggregating more Aggregating more Affecting more than Serious damage Very serious damage than a circle H inch than a circle % Inch 25 percent of the Factor Injury Damage in diameter on a in diameter on a Surface- 200 size orange. 200 size orange. Sprayburn. Aggregating more Hard and aggregating Aggregating more Ammoniation.... Not occurring as light Scars are cracked or Aggregating more than 25 percent of •peok type. dark and aggre than 25 percent of than a circle % more than a circle gating more than a the surface. inch in diameter lA inches in diam the surface. circle A inch in on a 200 size orange. eter on a 200 size diameter on a 200 orange. size orange. Sunburn. Skin is flattened, dry, Skin is hard and Affecting more than Aggregating more darkened, or hard affects more than 50 percent of tb* Buckskin...... *. Aggregating more Aggregating more and the affected one-third of the surface. than a circle 1 inch than 25 percent of than 50 percent of REGULATIONS AND RULES in diameter on a the surface. the surface. area exceeds 26 per surface. 200 size orange. cent of the surface. Split, Rough, Split is unhealed, Split is unhealed, or Split is unhealed, or Split is unhealed or Cakad melanose. Aggregating more Aggregating more Aggregating more more than A inch fruit is seriously than a circle A inch ' than a circle A inch than 25 percent of Protruding or more than A more than A inch in diameter on a the surface. Navals. Inch in length, or In length, or more in length, or two or weakened. In diameter on a navel protrudes than three well more splits aggre 200 size orange. 200 size orange. gate more than 1 Creasing...... Materially weakens Seriously weakens the Very seriously beyond the healed splits, or gkin, or extends weakens the skin, general contour, navel protrudes inch in length, or the skin, or extends and opening is so beyond the general navel protrudes over more than one- over more than or is distributed beyonq general third oi the surface. one-half of the over practically the wide, folded and contour, and open surface. entire surface. ridged that it ing is so wide, contour, and open Affecting all segments detracts from folded and ridged ing is so wide, Dryness or Affecting all segments Affecting all segments appearance. that it detracts folded and ridged mushy con* more than A inch more than A inch more than Minch from appearance. that it detracts dition. at stem end, or the at stem end, or the at stem end, or the from appearance. equivalent of this equivalent of this equivalent of this Not well healed, or Affecting more than amount, by volume, amount, by volume, amount, by volume, Thorn scratches-- Not well healed, or Not well healed, or when occurring in more unsightly hard concentrated hard concentrated 25 percent of the when occurring in when occurring in than discoloration thorn injury aggre thorn injury aggre surface. other portions of other portions of other portions of gating more than a the fruit. the fruit. . the fruit. permitted in the gating more than a grade. circle % inch in circle A inch in Oreen spots. More than slightly More than 10 spots More than 25 spots diameter on a 200 diameter on a 200 affecting appear caused by scale, caused by scale, size orange. ance. each spot equiva each spot equiva size orange. lent to the area of a lent to the area of a circle A inch in circle H inch in diameter on a 200 diameter on a 200 S tandards f o r I nternal Q u a lit y o r than one-half of 1 percent anhydrous size orange. size orange. Com m on S w e et O ranges (C it r u s citric acid, or more than the permissible Hail. Not well healed, or Not well healed, or Not well healed, or Not well healed, or aggregating more aggregating more aggregating more aggregating more S in e n s is (L ) O sb e c k ) maximum acid specified in Table VII of than a circle A than a circle H inch than a circle A inch than a circle A inch § 51.1178. Inch in diameter In diameter on a 200 in diameter on a 200 in diameter on a 200 § 51.1176 U.S. Grade AA Juice (Double on a 200 size orange. size orange. size orange. size orange. A). § 51.1177 U.S. Grade A Juice. Oil spots. More than slightly More than 6 spots, or More than 10 spots, or affecting appear aggregating more aggregating more Any lot of oranges, the juice oontent Any lot of oranges, the juice content ance. than a circle A inch than a circle 1 inch in diameter on a 200 in diameter on a 200 of which meets the following require of which meets the following require size orange. size orange. ments, may be designated “U.S. Grade ments, may be designated “U.S. Grade A Scab. Materially detracts Seriously detracts Aggregating more than from the shape or from the shape or 25 percent of the AA Juice (Double A) ”: Juice": texture, or aggregat texture, or aggregat surface. (a) Each lot of fruit shall contain an (a) Each lot of fruit shall contain ing more than a ing more than a average of not less than 5 gallons of an average of not less than 4% gallons circle */i inch In circle % inch in diameter on a 200 diameter on a 200 juice per standard packed box of 1 % of juice per standard packed box of 1 % size orange. size orange. bushels, > bushels. (b) The average juice content for any (b) The average Juice content for any lot of fruit shall have not less than 10 lot of fruit shall have not less than 9 percent total soluble solids, and not less percent total soluble solids, and not less 13499 No. 187—Pt. i- FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13500 RULES AND REGULATIONS than one-half of 1 percent anhydrous or extractors as may be approved. The concept is also applicable in determining citric acid, or more than the permissible juice shall be strained through cheese grade on a lot basis. maximum acid specified in Table VII of cloth or other approved straining device The Florida Citrus Industry favors § 51.1178. of extra fine mesh to prevent passage of having the new concept incorporated in § 51.1178 Maximum anhydrous citric juice cells, pulp, or seeds. the grade standards. The major changes acid permissible for corresponding The U.S. Standards for Grades of are as follows: total soluble solids. Florida Oranges and Tangelos contained (1) Each sample selected for grade in this subpart shall become effective determination shall consist of 50 tanger For determining the grade of juice, October 15, 1967, and will thereupon ines. The individual sample size is con the maximum permissible anhydrous supersede the U.S. Standards for Grades stant. citric acid content in relation to corre of Florida Oranges and Tangelos which (2) Tolerances are specified as accept sponding total soluble solids in the fruit have been in effect since September 15, ance numbers. Maximum or minimum is set forth in the following Table VII 1960 (7 CFR 51.1140-51.1178), as numbers of defective or off-size tanger together with the minimum ratio of total amended January 10, 1961 and April 15, ines are specified for the number of sam soluble solids to anhydrous citric acid: 1965. ples selected for grade determination. T a b l e VII Dated: September 20, 1967. (3) A maximum limit is set as to the number of defective, discolored or off- G . R . G range, Minimum size tangerines which each individual Maximum ratio of Deputy Administrator, 50-count sample may contain for all Total soluble solids anhydrous total Marketing Services. grades except the Bronze and Russet (average percent) citric acid soluble (average solids to [F.R. Doc. 67-11228; Filed, Sept. 26, 1867; grades. A minimum number of discolored percent) anhydrous 8:45 a.m.] tangerines for each 50-count sample is citric acid set for the Bronze and Russet grades. These requirements are specified in the 9.0...... 0.947 9.50-1 PART 51— FRESH FRUITS, VEGE 9.1...... 963 9.45-1 tolerance tables under the absolute limit 9.2...... 979 9.40-1 TABLES, AND OTHER PRODUCTS heading. V 9.3...... _...... 995 9.35-1 A new format is used to present in 9.4...... 1.011 9.30-1 (INSPECTION, CERTIFICATION, AND 9.5...... 1.027 9.25-1 STANDARDS) logical order the various requirements for 9.6...... 1.043 9.20-1 the. particular grade. Also a new Classifi 9.7...... 1.060 9.15-1 9.8...... >•...... 1.077 9.10-1 Subpart— U.S. Standards for Grades cation of Defects section is provided 9.9...... 1.094 9.05-1 of Florida Tangerines 1 which list limitations for defects under 10.0...... 1.111 9.00-1 10.1...... 1.128 8.95-1 the injury, damage, serious damage, and 10.2...... 1.146 8.90-1 On July 8, 1967, a notice of proposed very serious damage headings. Both 10.3...... 1.164 8.85-1 rule making was published in the F ed changes are designed to bring about and 10.4...... 1.182 8.80-1 10.5...... 1.200 8.75-1 eral R egister (32 F.R. 10097) regarding promote greater uniformity and better 10.6...... 1.218 8.70-1 a proposed revision of U.S. Standards for understanding of the standards. 10.7,...... 1.237 8.65-1 10.8...... 1.256 8.60-1 Grades of Florida Tangerines (7 CFR The requirements for the U.S. No. 1 10.9...... 1.276 8.55-1 51.1810-51.1834). Bronze and U.S. No. 1 Russet grades are 11.0...... 1.294 8.50-1 Statement of considerations leading to 11.1...... 1.306 8.50-1 changed to correspond to the U.S. No. 1 11.2...... 1.318 8.50-1 the revision of the grade standards. Fol Bronze and U.S. No. 1 Russet grades in 11.3______1.329 8.50-1 lowing publication of the proposal in the the present Florida orange and grape 11.4...... 1.341 8.50-1 11.5...... 1.353 8.50-1 F ederal R egister on July 8, copies were fruit standards. 11.6...... 1.365 8.50-1 distributed to industry organizations The Bronze grade requires that all 11.7...... 1.376 8.50-1 11.8...... 1.388 8.50-1 and individuals for comment, in re fruit must show discloration, and rust 11.9...... 1.400 8.50-1 sponse only a few comments were re mite type discloration must predominate 12.0...... 1.412 8.50-1, ceived. These were very favorable and only on fruits having more than one- 12.1...... , 1.424 8.50-1 12.2...... 1.435 8.50-1 indicated that the revision will mate third of their surface discolored. These 12.3... 1.447 8.50-1 rially improve the grade standards and changes in requirements will make sort 12.4...... 1.459 8.50-1 12.5...... 1.47i . 8.50-1 promote the marketing of a more uni ing easier in packinghouse operations. 12.6... 1.482 8.50-1 formly graded product. Essentially the They will reduce time consuming evalua,- 12.7...... 1.494 8.50-1 12.8...... 1.506 8.50-1 text is the same as published in the tions of the disclororation on each fruit 12.9...... 1.517 8.50-1 proposal. and make possible a more uniform 13.0...... 1.530 8.50-1 Trends in marketing practices, over Bronze grade fruit. Corresponding re 13.1...... 1.541 8.50-1 13.2...... 1.553 8.50-1 the past few years, have prompted a re quirements are made in the Russet 13.3...... 1.565 8.50-1 vision of the U.S. Standards for Grades grade. 13.4...... 1.576 8.50-1 13.5...... 1.588 8.50-1 of Florida Tangerines which have been After consideration of all relevant 13.6...... 1.600 8.50-1 in effect since 1960. matters presented, including the pro 13.7...... 1 .6 1 2 8.50-1 posal set forth in the aforesaid notice, 13.8...... 1.624 8.50-1 The revised standards introduce a new 13.9...... 1.635 8.50-1 concept in the application of the grade the following U.S. Standards for Grades 14.0______1.647 8.50-1 standards. This new concept involves the of Florida Tangerines are hereby pro 14.1...... 1.659 8.50-1 14.2...... 1.671 8.50-1 use of statistical principles and proce mulgated pursuant to the Agricultural 14.3...... 1.682 8.50-1 dures in determining compliance with Marketing Act of 1946 (60 Stat. 1087, as 14.4...... 1.694 8.50-1 14.6...... 1.705 8.50-1 the standards. amended; 7 U.S.C. 1621-1627). 14.6...... 1.718 8.50-1 In the application of these standards G rades 14.7...... 1.729 8.50-1 14.8...... 1.741 8.60-1 under an implant inspection operation Sec. 14.9...... 1.753 8.50-1 a quality control master note sheet is 51.1810 U.S. Fancy. 15.0...... 1.765 8.50-1 used. The note sheet graphically presents 51.1811 U.S. No. lw 15.1...... 1.776 8.50-1 51.1812 U.S. No, 1 Bronze. 15.2...... 1.788 8.50-1 the quality level being packed during any 15.3...... 1.800 8.50-1 51.1813 U.S. No. 1 Russet. 16.4...... 1.812 8.50-1 given period in the day. This quality con 51.1814 TJ.S. No. 2. 15.5...... 1.824 8.50-1 51.1815 U.S. No. 2 Russet. 8.50-1 trol aid is used during the packing proc ess for determining the grade. The new 51.1816 U.S. No. 3. Unclassified § 51.1179 Method of juice extraction. 51.1817 Unclassified. 1 Packing of the product in conformity The juice used in the determining with the requirements of these standards T olerances of solids, acid, and juice content shall be shall not excuse failure to comply with the 61.1818 Tolerances. extracted from representative samples as provisions of the Federal Pood, Drug, and thoroughly as possible with a hand Domestic Act or with applicable State laws S tandard P ack reamer or by such mechanical extractor and regulations. 51.1819 Standard pack. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13501 D e f in it io n s (4) Wormy fruit. (11) Oil spots; 51.1820 Mature. (c) Free from damage caused by: (12) Scab; 51.1821 Firm. (1) Ammoniation; (13) Scale; 51.1822 Well formed. (2) Buckskin; (14) Scars; 51.1823 Damage. (3) Caked melanose; (15) Skin breakdown; 51.1824 Highly colored. (4) Creasing; (16) Spraybum; 51.1825 Discoloration. 51.1826 Well colored. (5) Dirt or other foreign material; (17) Sunburn; 51.1827 Fairly well colored. (6) Disease; (18) Unsightly discoloration; and, 51.1828 Fairly firm. (7) Dryness or mushy condition; (19) Other means. 51.1829 Fairly well formed. (8) Green spots; (d) For tolerances see § 51.1818. 51.1830 Serious damage. (9) Hail; 51.1831 Reasonably well colored. (10) Insects; § 51.1815 U.S. No. 2 Russet. 51.1832 Very serious damage. (11) Oil spots; The requirements for this grade are 51.1833 Diameter. (12) Scab; the same as for U.S. No. 2 except that 51.1834 Classification of defects. (13) Scale; not less than the number of fruits re Au t h o r i t y : The provisions of this sub (14) Scars; quired in § 51.1818, Tables I and n , shall part issued under secs. 203,205, 60 Stat. 1087, (15) Skin breakdown; have more than one-half of their sur as amended, 1090 as amended; 7 U.S.C. 1622, (16) Spray burn; face, in the aggregate, affected by 1624. (17) Sunburn; discoloration. G rades (18) Unsightly discoloration; and, (a) For tolerances see § 51.1818. § 51.1810 U.S. Fancy. (19) Other means. § 51.1816 U.S. No. 3. “U.S. Fancy’* consists of tangerines (d) For tolerances see § 51.1818. “U.S. No. 3” consists of tangerines which meet the following requirements: § 51.1812 U.S. No. 1 Bronze. which meet the following requirements: (а) Basic requirements: (a) Basic requirements: (1) Discoloration: The requirements for this grade are (1) Mature; (1) Not more than one-tenth of the the same as for U.S. No^ 1 except that (2) Not flabby; and, surface, in the aggregate, may be affected all fruit must show some discoloration. (3) Not seriously lumpy. by discoloration. (See § 51.1825.) Not less than the number of fruits re (b) Free from: (2) Firm; quired in § 51.1818, Tables Land II, shall (1) Decay; (3) Highly colored; have more than one-third of their (2) Unhealed skin-breaks; and, (4) Mature; and, surface, in the aggregate, affected by (3) Wormy fruit. (5) Well formed. discoloration. The predominating dis (c) Free from very serious damage Ob) Free from: coloration on these fruits shall be of caused by: (1) Bruises; rust mite type. (1) Ammoniation; (2) Caked melanose; (a) For tolerances see § 51.1818. (2) Bruises; (3) Decay; § 51.1813 U.S. No. 1 Russet. (3) Caked melanose; (4) Unhealed skin-breaks; and, (4) Creasing; (5) Wormy fruit. The requirements for this grade are (5) Dirt or other foreign material; (c) Free from damage caused by: the same as for U.S. No. 1 except that (6) Disease; (1) Ammoniation; not less than the number of fruits re (7) Dryness or mushy condition; (2) Buckskin; quired in § 51.1818, Tables I and II, Shall (8) Hail; (3) Creasing; have more than one-third of their (9) Insects; (4) Dirt or other foreign material; surface, in the aggregate, affected by any (10) Scab; (5) Dryness or mushy condition; type of discoloration. (11) Scale; (б) Disease; (a) For tolerances see § 51.1818. (12) Scars; (7) Green spots; § 51.1814 U.S. No. 2. (13) Skin breakdown; (8) Hail; .(14) Spraybum; (9) Insects; "U.S. No. 2" consists of tangerines (15) Sunburn; (10) Oil spots; which meet the following requirements: (16) Unsightly discoloration; and, (11) Scab; (a) Basic requirements: (17) Other means. (12) Scale; (1) Discoloration: (13) Scars; (1) Not more than one-half of the (d) For tolerances see § 51.1818. (14) Skin breakdown; surface, in the aggregate, may be af U nclassified (15) Spraybum; fected by discoloration. (See § 51.1825.) § 51.1817 Unclassified. (16) Sunburn; (2) Fairly firm; (17) Unsightly discoloration; and, (3) Fairly well formed; “Unclassified” consists of tangerines (18) Other means. (4) Mature; and, which have not been classified in accord (d) For tolerances see § 51.1818. (5) Reasonably well colored. ance with any of the foregoing grades. (b) Free from: The term “unclassified” is not a grade § 51.1811 U.S. No. 1. (1) Bruises; within the meaning of these standards U.S. No. 1” consists of tangerines (2) Decay; but is provided as a designation to show Wuch meet the following requirements: (3) Unhealed skin-breaks; and, that no grade has been applied to the (a) Basic requirements: (4) Wormy fruit. lot. (1) Discoloration: (c) Free from serious damage caused T olerances ^ more than one-third of the by: § 51.1818 Tolerances. funace, in the aggregate, may be affected (1) Ammoniation; In order to allow for variations inci yi! scol?ration- (See § 51.1825.) (2) Buckskin; dent to proper grading and handling in (2) Fairly well colored; (3) Caked melanose; each of the foregoing grades, based on (3) Firm; (4) Creasing; sample inspection, the number of defec (4) Mature; and, (5) Dirt or other foreign material; tive or off-size specimens in the individ (5) Well formed. (6) Disease; (b) Free from: (7) Dryness or mushy condition; ual sample, and the number of defective ( 1) or off-size specimens in the lot, shall be Bruises; (8) Green spots; within the limitations specified in Tables (2) Decay; (9) Hail; (3) I and n. No tolerance shall apply to Unhealed skin-breaks; and, (10) Insects; wormy fruit. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13502 RUtES AND REGULATIONS T a b l e I— Sh ip p in g P o in t * - (a) FOR 1 THROUGH 20 SAMPLES . Number of 60-count samples3 Factor Grades AL» 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Acceptance numbers 4 (maximum permitted) Decsiy...... L...... U.S. Fancy____ U.S. No. 1.____ 0 1 »1 1 2 ‘ 2 2 3 3 3 ‘ 3 3 4 4 «4 4 5 5 6 5 U.S. No. 2...... } * U.S. No. a—„t'tr 2 0 1 2 »2 2 *3 3 4 4 ‘ 4 5 5 6 5 6 6 ‘ 6 6 7 7 ‘7 Very serious U.S. Fancy____ damage includ- U.S. No. 1...... 4 6 9 11 14 ■ 16 18 20 22 24 26 28 30 33 35 37 39 41 « « ing decay. U.S. No. 2...... } « Total defects All...... 8 7 12 17 22 27 32 36 41 46 50 54 59 63 68 72 76 81 '85 90 94 including de cay and very ^ serious damage Off-size______10 7 12 17 22 27 32 36 41 45 60 64 59 63 68 72 76 81 85 90 94 Discoloration___. U.S. Fancy____ U.S. No. 1...... 7 12 17 22 27 32 41 45 50 54 59 63 68 72 76 81 85 90 94 U.S.-No. 2...... 10 r 3& Serious damage 2 1 2 2 *3 4 '4 5 •5 6 ‘ 6 7 ‘ 7 8 ‘ 8 8 »9 9 10 *10 11 by. unsightly discoloration. Acceptance numbers 4 (minimum required) U.S. No. 1 Bronze. : U.S. No. 1 15 32 51 69 88 106 125 144 162 : 182 201 220 240 259 £ 278 297 317 336 355 374 Russet. I" U.S. No. 2 1 3 8 12 18 23 29 34 40 45 61 56 62 68 74 79 IBS 91 97 102 108 Russet. — (b) FOR 21 THROUGH 40 SAMPLES Number of 50-count samples * Factor Grades AL» 21 22 23 24 25 26 27 28 - 29 30 31 32 33 34 ) 35 36 37 38 39 I Acceptance numbers4 (maximum permitted) Decay--*—-*— - U.S. Fancy____ U.S. No. 1.__- *6 ~4T 6 6 6 * 6 6 7 7 7 7 ‘ 7 7 ; 8 8 8 «8 8 9 U.S. No. 2 ...... k U.S. No. 3 ...... 2 8 8 ‘ 8 8 9 9 *9 9 10 io *10 11 11 *ii 11 12 12 *12 ' 12. Very serious U.S. F ancy..... damage includ U.S. No. 1 ...... } « 47 49 51 53 54 56 58 60 62 64 66 68 70 72,- 74 . 76 78 80 81 ing decay. U.S. No. 2___ _ Total defects in A ll...... 8 . 98 103 107 111 ■ Ì16 120 124 129 133 137 141 146 150 154 .159 163 167 171 .176 .18 0 cluding decay and vary serious : damage. Oftsize______10 98 103 107 111 116 120 124 129 133 137 141 146 .150 154 159 163 167 171 176 180 Discoloration___ U.S. Fancy__ 180 U.S. No. 1...... 98 103 107 111 116 120 124 129 133 137 141 146 150 154 159 163 167 171 176 U.S. No. 2_.___. 1 10 Serious damage by unsightly 2 *11 12 *12 12 - 13 ‘ 13 14 * 14 15 15 »15 16 *16 17 17 *17 18 «18 19 discoloration. Acceptance numbers4 (minimum required) U.S. No. 1 764 Bronze. 666 686 705 725 744 U.S. No. 1 ' 394 413 433 452 471 401 510. 530 549 569 588 608 627 647 Russet. 1" 214 220 226 U.S; No. 2 1 114 119 125 131 137 143 149 155 161 .166 172 173 184. 190 .196 . 202 206 Russet. »Shipping-point,; as used in these standards, means the point of origin of the ship- " »Sample size—50 count. _ . «wive or off-size fruit ment in the production area or at port of loading for ship stores or overseas ship- 4 Acceptance number—Maximum or minimum number of aeiecuve u nients, or in the case of shipments from outside the continental United States, the permitted. ’ . port of entry into the United States. - * Preferred total number of samples for this acceptance numDer. *AL—Absolute limit permitted in individual 50-count sample. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13503 T a b l e I I — E n R o u t e o b a t D e s t in a t io n Number cif 50-count samples * Factor Grades AL» 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 10 20 Acceptance numbers * (maximum permitted) 19 20 «20 21 Decay...... All...... 4 2 3 5 6 7 8 0 10 11 12 13 14 15 16 17 18 Very serious U.B. Fancy____ damage other U.S. No. 1...... 4 6 9 11 14 16 18 20 22 24 26 28 30 33 35 37 39 41 43 45 than decay. U.S. No. 2____ }• Total defects All...... 8 7 12 17 22 27 32 36 41 45 50 54 50 63 68 72 76 81 85 00 04 including very serious damage other than decay. Off-size______10 7 12 17 22 27 32 36 41 45 60 54 50 63 68 72 76 81 85 00 94 Discoloration____ U.8. Fancy...... U.S. No. 1...... 7 12 17 22 27 32 36 41 45 50 54 50 63 68 72 76 81 86 00 94 U.S. No. 2...... } ” Serious damage 2 1 2 2 3 4 »4 5 «5 6 *6 7 *7 8 <8 8 «0 9 10 «10 11 by unsightly discoloration. Acceptance numbers * (minimum required) U.S. No. i Bronze. 88 106 125 144 162 182 201 220 240 250 278 207 317 336 355 374 U.S. No. 1 n 15 32 51 00 Russet U.S. No. 2 l 3 8 12 18 23 20 34 40 45 51 56 62 68 74 79 85 01 97 102 108 Russet •AL—Absolute limit permitted in individual 50-count sample. »Acceptance number—Maximum or minimum number of defective or ofl-sire «Sample size—50 count. fruit permitted. « Preferred total number of samples for this acceptance number. S tandard P ack D e f in it io n s rust mite or other means. Lighter shades of discoloration caused by superficial § 51.1819 Standard pack. § 51.1820 Mature. scars or other means may be allowed on a The tangerines in each container shall “Mature” shall have the same mean greater area, or darker shades may be al be packed in accordance with recognized ing currently assigned that term in sec lowed on a lesser area, provided no dis methods. Each container shall be well tions 601.21 and 601.22 of the Florida coloration caused by speck type melanose filled and properly marked to indicate Citrus Code of 1949, as amended (ch. or other means may detract from the ap the size of the fruit. When the figures 26492, Laws of Florida, 1951) or as the pearance of the fruit to a greater extent used to indicate size of fruit vary from definition of such term may hereafter be than the shade and amount of discolora the actual number of tangerines in the amended. tion allowed in the grade. container, as in the case of fractional § 51.1821 Firm. Parts of boxes, the figures indicating size § 51.1826 Well colored. shall be followed by the letter “s” or the “Firm” means that the flesh is not soft “Well colored” means that a good yel word "size,” as, for example, *‘210’s,” or and the fruit is not badly puffy and that low or better ground color predominates ‘210 size.” Containers which are not so the skin has not become materially sep over the green color on the entire fruit marked shall not be regarded as meet- arated from the flesh of the tangerine. surface with no distinct green color pres requirements of “standard pack.” § 51.1822 Well formed. ent, and that some portion of the sur (a) Fruit in each container shall be of face has a reddish tangerine blush. “Well formed” means that the fruit a size not less than the minimum di §51.1827 Fairly well colored. ameters specified in Table HI for the has the characteristic tangerine shape various packs. Packs other than those and is not deformed. “Fairly well colored” means that the listed shall have a minimum diameter § 51.1823 Damage. surface of the fruit may have green net less than specified for the nearest color which does not exceed the aggre count. “Damage” means any specific defect gate area of a circle 1% inches in diam T able III described in § 51.1834, Table IV; or an eter and that the remainder of the sur D iam eter equally objectionable variation of any face has a yellow or better ground color in inches one of these defects, any other defect, or with some portion of the surface show Pack (m in im u m ) any combination of defects, which ma ing reddish tangerine blush. 100 ...... — ...... 2 1 % 6 terially detracts from the appearance, 120 ------— am« or the edible or marketing quality of the § 51.1828 Fairly firm. 150 ------2%6 fruit. “Fairly firm” means that the flesh 176 ------2%6 210 §51.1824 Highly colored. may be slightly soft but is not bruised ...... — ' - 2146 246 or badly puffy, and that the skin has not ...... - 2%6 “Highly colored” means that the 294 ------2 become seriously separated from the ground color of each fruit is a deep tan flesh of the tangerine. ini!* ^ or<*er to allow for variations gerine color with practically no trace of en^ Proper sizing, not more than yellow color. § 51.1829 Fairly well formed. is,0n^ ber of fruits permitted in § 51.- § 51.1825 Discoloration. “Fairly well formed” means that the m„m , * and n , are below the mini- fruit may not have the shape character “Discoloration” means russeting of a istic of the variety but that it is not TfiMelu *°r coun^ as sP^toed to light shade of golden brown caused by badly deformed. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13504 RULES AND REGULATIONS § 51.1830 Serious damage. § 51.1832 Very serious damage. Chapter IV-*—Federal Crop Insurance “Serious damage” means any specific “Very serious damage” means any Corporation defect described in § 51.1834, Table IV; specific defect described in § 51.1834, [Arndt. 9«] or~an equally objectionable variation of Table IV; or an equally objectionable any one of these defects, any other de variation of any one of these defects, PART 401— FEDERAL CROP fect, or any combination of defects, any other defect, or any combination of INSURANCE which seriously detracts from the ap pearance, or the edible or. marketing defects, which very seriously detracts Subpart— Regulations for the 1961 quality of the fruit. from the appearance, or the edible or and Succeeding Crop Years marketing quality of the fruit. § 51.1831 Reasonably well colored. G rain S orghtjm E ndorsement “Reasonably well colored” means that § 51.1833 Diameter. Correction a good yellow or reddish tangerine color “Diameter” means the greatest di In P.R. Doc. 67-10704, appearing at shall predominate over the green color mension measured at right angles to a on at least one-half of ihe fruit surface page 12089 of the issue for Wednesdayr in the aggregate, and that each fruit line from stem to blossom end. September 13, 1967 the date “August 25, shall show practically no lemon color. § 51.1834 Classification of defects. 1967” appearing above the first para T able IV graph should be deleted. Factor Damage Serious damage Very serious damage Chapter XIV—-Commodity Credit Cor Ammoniation. Not occurring as light speck Scars are cracked or dark and Aggregating more than 25 poration, Department of Agriculture type, or detracts more than aggregating more than % percent of the surface. discoloration permitted in inch in diameter on a 176 the grade. size tangerine. SUBCHAPTER B— LOANS, PURCHASES, AND Buckskin...... Aggregating more than a Aggregating more than 25 Aggregating more than 50 OTHER OPERATIONS circle % inch in diameter percent of the surface. percent of the surface. on a 176 size tangerine. [CCC Peanut Price Support Regs., 1967-Crop Caked melanose. Aggregating more than a Aggregating more than a Aggregating more than 25 Supp., Amend. 1] circle % inch in diameter circle % inch in diameter on percent of the surface. on a 176 size tangerine. a 176 size tangerine. PART 1446— PEANUTS Creasing...... Materially weakens the skin, Seriously weakens the skin, Very seriously weakens the or extends over more than or extends over more than skin, or is distributed over one-third of the surface. one-half of the surface. practically the entire Subpart— 1967-Crop Peanut Ware surface. Dryness or mushy Affecting all segments more Affecting all segments more Affecting all segments more house Storage Loans and Shelter condition. than Vs inch at stem end, than Si inch at stem end, than H inch at stem end, or the equivalent of this or the equivalent of this ' or the equivalent of this Purchases amount, by volume, when amount, by volume, when amount, by volume, when occurring in other portions occurring in other portions occurring in other portions The regulations issued by Commodity of the fruit. of the fruit. of the fruit. Green spots...... More than 10 spots cansed by More than 25 spots caused by Credit Corporation, published in 32 F.R. scale, each spot equivalent scale, each spot equivalent 10910, which contain the terms and con to the area of a circle % to the area of a circle ]/% inch in diameter on a 176 inch in diameter on a 176 ditions under which CCC will make ware size tangerine. size tangerine. H ail...... Not well healed, or aggro- Not well healed, or aggre Not well healed, or aggre house storage loans on and sheller pur gating more than a circle gating more than a circle gating more than a circle chases of 1967-crop peanuts, are hereby 14 inch in diameter on a % inch in diameter on a % inch in diameter on a 176 size tangerine. 176 size tangerine. 176 size tangerine. amended as follows to include farmers Oil spots.______More than 6 spots, or aggre More than 10 spots, or aggre gating more than a circle gating more than a circle stock peanuts-among the peanuts which inch in diameter on a */i inch in diameter on a eligible shellers may sell to CCC: 176 size tangerine. 176 size tangerine. Scab...... Materially detracts frflm the Seriously detracts from the Aggregating more them 25 1. The opening statement and para shape or texture, or aggre shape or texture, or aggre percent of the surface. gating more than a circle gating more than a circle graph (a) of § 1446.51 are amended to % inch in diameter on a % inch in diameter on a read as follows: 176 size tangerine. 176 size tangerine. Scale. Aggregating more than a Aggregating more than a Aggregating more than 25 circle % inch in diameter circle % inch in diameter percent of the surface. § 1446.51 Period of offering. on a 176 size tangerine. on a 176 size tangerine. Scars. Not smooth, or causing any Not fairly smooth, or causing Deep, rough, or unsightly Unless a later date is approved in writ noticeable depression, or any materially depressed that appearance is very ing by CCC, written offers to sell 1967- detracts from appearance area, or detracts from seriously affected. more than the amount of appearance more than the crop peanuts to CCC, on the form pre discoloration permitted in amount of discoloration the grade. permitted in the grade. scribed by CCC, may be filed with the Skin breakdown... Aggregating more than a Aggregating more than a Affecting more than 25 association from time of harvest circle H inch in diameter circle % inch in diameter percent of the surface. on a 176 size tangerine. on a 176 size tangerine. through; Sprayburn. Skin is hard and aggregating Skin is hard and aggregating Aggregating more them 25 more than a circle 14 inch more than a circle 1)4 inches percent of the surface. (a) July 31, 1968 for shelled peanuts in diameter on a 176 size in diameter on a 176 size not U.S. grade described in § 1446.52 (c), tangerine. tangerine. Sunburn... Skin is flattened, dry, Skin is hard and affects more Affecting more than 50 and for farmers stock peanuts described darkened, or hard and the than one-third of the percent of the surface. affected area exceeds 26 surface. in § 1446.52(d). percent o the surface. * * * * Unsightly Color and pattern causes an Color and pattern causes a Very objectionable appear discoloration. unattractive appearance. distinctly unattractive ance caused by any means. 2. Paragraph (a) of § 1446.52 is appearance. amended to read as follows, and the fo - lowing new paragraph (d) is added to The U.S. Standards for Grades of Dated: September 20,1967. Florida Tangerines contained in this that section: subpart shall become effective October G . R. G range, § 1446.52 CCC purchases of elig«ble 15, 1967, and will thereupon supersede Deputii Administrator, peanuts and prices. the U.S. Standards for Grades of Florida Marketing Services. (a) Basis of purchase. Except as other Tangerines which have been in effect since September 15,1960 (7 CFR 51.1810- [F.R. Doc. 67-11229; Filed, Sept. 26, 1967; wise provided in § 1446.13 of the *-'e^er_i 51.1834). 8:45 a.m .] Regulations, CCC will purchase from FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13505 eligible shelters 1967-crop peanuts which which the airplane is type certified is [Docket No. 8009 Arndts. 65-11; 121-31] meet the specifications contained in this achieved. PART 65— CERTIFICATION: AIRMEN section. The peanuts will be purchased on OTHER THAN FLIGHT CREWMEM the basis of the net weight determined at [Docket No. 8423; Arndt. 47-5; Arndt. 49-4] BERS the time of delivery and the prices speci PART 47— AIRCRAFT REGISTRATION fied in paragraphs (b), (c), and (d) of PART 121— CERTIFICATION AND OP this section. CCC will also pay a carrying PART 49— RECORDING OF AIR ERATIONS DOMESTIC, FLAG, AND charge for farmers stock and U.S. grade CRAFT TITLES AND SECURITY DOC SUPPLEMENTAL AIR CARRIERS AND shelled peanuts which are delivered to UMENTS COMMERCIAL OPERATORS OF LARGE AIRCRAFT CCC after November 1967 in the south Technical Amendments eastern area, and December 1967 in the The purpose of these amendments is Employment of Repairmen by Com southwestern and Virginia-Carolina to update the address of the FAA Air mercial Operators To Perform areas. The carrying charge will com craft Registry and to correct a technical Maintenance mence on December 1,1967, in the south error in Amendment 47-4 which was The purpose of these amendments to eastern area, and January 1,1968, in the printed in the F ederal R egister on August 30, 1967 (32 F.R. 12555). Parts 65 and 121 of the Federal Aviation southwestern and Virginia-Carolina The address of the FAA Aircraft Reg Regulations is to permit a commercial areas, and will accrue at the rate of (1) istry contained in § 47.19 of Part 47 and operator certificated under Part 121 of $1.40 per ton net weight per calendar the Federal Aviation Regulations to (1) § 49.11 of Part 49 is amended by addi employ a repairman to perform or super month or fraction thereof for U.S. grade tion of a reference to the Department of vise maintenance, preventive mainte shelled peanuts, but shall not exceed a Transportation to reflect the position of nance, and alterations on aircraft or total of $7 per ton net weight, and (2) the Federal Aviation Administration as a component of the Department. Sec components thereof, and (2) perform $1 per ton net weight per calendar month tion 47.15(a) is being restated in its cor maintenance for, and have maintenance or fraction thereof for farmers stock rect fonn. performed by other Part 121 certificate peanuts but shall not exceed a total of The procedural requirements of 5 holders. This amendment was proposed U.S.C. section 553 do not apply to this as a notice of proposed rule making (No $5 per ton net weight. tice 67-8) issued on March 6, 1967, and * * * * • amendment because it merely makes editorial changes and corrects an inad published in the F ederal R egister on (d) Farmers stock peanuts. Farmersvertent error. March 19, 1967 (32 F.R. 3946). stock—support price, outweight-outgrade Consideration was given and an evalu basis, plus $6 per net ton. In consideration of the foregoing, Parts 47 and 49 are amended, effective ation made of each of the six comments (Secs. 4 and 5, 62 Stat. 1070, as amended; 15 September 29,1967, as follows: that were received in résponse to the no U.S.C. 714 b and c. Interpret or apply secs. 1. The introductory text preceding tice. Two of the comments generally fa 101, 401, 63 Stat. 1051, as amended, 7 U.S.C. subparagraph (Î) of § 47.15(a) of Part vored the proposal while four were op 1441,1421) 47 is amended to read as follows: posed to it. Those comments in opposi Effective date: This subpart shall be tion expressed concern principally in two effective on the date of its publication in § 47.15 Identification number. areas. First, that the adoption of the the Federal R egister. (a) Number required. Except when heamendment, by permitting repairmen to applies under § 47.37, an applicant for be used by commercial operators, would Signed at Washington, D.C., on Sep Aircraft Registration must place a U.S. lower maintenance standards. Secondly, tember 20, 1967. identification number (“registration that the extension of the privilege for H . D . G o d fr ey , mark”) on his Application for Aircraft use of repairmen to commercial operators Executive Vice President, Registration, FAA Form 8050-1, and on would have a deteriorating effect by low Commodity Credit Corporation. any evidence submitted with the appli ering the standards for persons to obtain [PR. Doc. 67-11298; Piled, Sept. 26, 1967; cation. There is no charge for the assign repairman or A and P mechanic 8:46 a.m.] ment of numbers provided in this certificates. paragraph. This paragraph does not The repairman certificate is issued by apply to an aircraft manufacturer who the FAA for specific duties requested applies for a group of Ü.S. identification and then only after substantiation of numbers under paragraph (c) of this individual technical ability and back Title 14— AERONAUTICS AND section; a person who applies for a spe ground. The maintenance requirements cial identification number under para in the regulations are the same for the SPACE graphs (d) through (g) of this section; air carrier and commercial operator, and or a holder of a Dealer’s Aircraft Regis both the air carrier and the commercial Chapter I— Federal Aviation Adminis tration Certificate who applies for a operator must comply with these main tration, Department of Transporta temporary registration number under tenance requirements in order to re tion § 47.16. tain their operating certificate. Permit [Docket No. 7831; Arndts. 23-6, 25-12, 43-7, * * * * * ting the commercial operator to use re 91-40] pairmen will enable the performance 2. Sections 47.19 of Part 47 and 49.11 of maintenance for which the commer PART 23— AIRWORTHINESS STAND of Part 49 are amended, respectively, by cial operator is primarily responsible ARDS: NORMAL, UTILITY, AND inserting the phrase “Department of but which it has been precluded from Transportation,” between the phrase ACROBATIC CATEGORY AIRPLANES doing. As the requirements for main “FAA Aircraft Registry,” and the phrase tenance and compliance are unchanged, Static Pressure System “Post Office Box 25082,”. the standard of maintenance should not Correction (Sec. 3(e) of the Department of Transporta be lowered. tion Act; 49 U.S.C. 1652(e) and section 313(a) A misunderstanding of the effect of 7 67-5T39, appearing at page of the Federal Aviation Act of 1958; 49 U.S.C. the amendment is evidenced by those in am ° ithe issue for Wednesday, May 24, 1354(a)) comments that express concern that the of s oo f sentence of subdivision (ii) Issued in Washington, D.C., on Sep use of repairmen by commercial op asfoUows^(b> (2) is corrected to read tember 21,1967. erators will lower the standards of a re pairman certificate or an A and P me the*et f ressurized airplanes. Evacuate W ill ia m F . M cK e e , chanic certificate. The same qualifica sura pressure system until a pres- Administrator. tions will be required of a repairman differential equivalent to the maxi- [F.R. Doc. 67-11294; FUed, Sept. 26, 1967; for a commercial operator as are now ca-bin pressure differential for 8:46 a.m.] required to certificate a repairman for FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13506 RULES AND REGULATIONS a repair station or air carrier. Further aircraft or Components thereof, appro 2. In § 71.181 (32 F.R. 2148) the Spar more, past experience with the repair priate to the job for which he was em tanburg, S.C., transition is amended to man certificate does not support thè ployed and certificated, but only in con read: contention that extending the use of re nection with duties for the repair station, S partanburg, S.C. pairman to commercial operators will Commercial operator, or air carrier, by T h at airspace extending upward from 700 tend to have the repairman used in lieu whom he was employed and recom feet above the surface within an 8-mile of the A and P certificated mechanic. mended. radius of Spartanburg Downtown Memorial The repairman certificate was initiated (b) A certificated repairman may notAirport (lat 34°54'55" N., long. 81°57'32" perform or supervise duties tinder his W .); within 2 miles each side of a 237° bear for the purpose of enabling repair sta ing from the Spartanburg RBN, extending tions and air carriers to have certificated certificate unless he understands the from the 8-mile radius area to 8 miles south coverage in facilities engaged in the current instructions of the air carrier, west of the RBN; within 2 miles each side maintenance of components and appli commercial operator, or manufacturer of the Spartanburg VORTAC 194° and 014’ ances where it is not necessary or prac of the article on which he is to perform radials, extending from the 8-mile radius tical to utilize the .services of persons or supervise those duties and the main area to 8 miles north of the VORTAC, ex holding an A and P certificate. A fur tenance manuals relating to the specific cluding that portion which coincides with ther purpose was to enable the perform operations concerned. the Greenville, S.C., transition area. ance of major repairs or alterations of 3. Paragraph (a) of § 121.379 is(Sec. 307(a) of the Federal Aviation Act of propellers and any repairs or altera amended to read as follows: 1958 (49 U.S.C. 1348(a)) tions of instruments that Part 65 pro § 121.379 Authority to perform and ap Issued in East Point, Ga., on September hibits an A and P mechanic from per prove maintenance, preventive 19,1967. forming. The amendment will extend maintenance, and alterations. James G. R ogers, to the commercial operator as well as the Director, Southern Region. repair station and air carrier the priv (a) A certificate holder may perform ilege of using repairmen but with the maintenance, preventive maintenence, [F.R. Doc. 67-11333; Filed, Sept. 26, 1967; purpose and standards for certificating and alterations as provided in its con 8:49 a.m.] repairmen remaining unchanged. tinuous airworthiness maintenance pro gram and its maintenance manual. In As stated in the notice, the commer addition, a certificate holder may per [Airspace Docket No. 67-SO-13] cial operator is required under Part 121 form these functions for another cer PART 71— DESIGNATION OF FEDERAL to perform maintenance under the same tificate holder as provided in the con standards as the air carrier. The amend AIRWAYS, CONTROLLED AIRSPACE, tinuous airworthiness maintenance pro AND REPORTING POINTS ment will permit the commercial opera gram and maintenance manual of the tor to carry out, in the same manner other certificate holder. Alteration of Federal Airways as the air carrier, its primary responsi bility for maintenance, including all ***** On August 23, 1967, F.R. Doc. No. 67- -methods, techniques and practices, and (Sec. 313(a), 601, and 604 of the Federal 9913, published in the F ederal R egister for the competency of the airmen doing Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, (32 F.R. 12113) in part altered Federal that work. and 1422) airways predicated on the Tallahassee, In-consideration of the foregoing and Issued in Washington, D.C., on Sep Fla., VORTAC, and will become effective for the reasons stated in Notice 67-8, tember 20, 1967. October 12, 1967. A segment of V-35 was Part 65 and Part 121 of the Federal Avia realigned from Cross City, Fla., via W illiam F . M cK ee, Greenville, Fla., to Albany, Ga., includ tion Regulations are amended, effective Administrator. October 27,1967 as follows: ing a west alternate via Tallahassee. 1. Paragraphs (c) and (f) of § 65.101 [F.R. Doc. 67-11293; Filed, Sept. 26, 1967; Subsequent to publication of the docu are amended to read as follows: 8:46 a m .] ment, a question has arisen as to the, intended alignment of V-35W, whether § 65.101 Eligibility requirements-: gen it should be between Cross City and Al eral. [Airspace Docket No. 67—SO-74] bany or between Greenville and Albany. * * * ' * * PART 71— DESIGNATION OF FEDERAL It is intended that V-35W be aligned (c) Be employed for a specific job re AIRWAYS, CONTROLLED AIRSPACE, from Cross City to Albany via Tallahas quiring those special qualifications by a AND REPORTING POINTS see. Accordingly, action is taken herein, certificated repair station, or by a cer to clarify the description of this west] tificated commercial operator or certifi Alteration of Control Zone and alternate in the description of V-35. j cated air carrier, that is required by its Transition Area Since this amendment is editorial in operating certificate or approved opera nature, the Administrator has deter tions specifications to provide a continu On August 11, 1967, a notice of pro mined that notice and public procedure j ous airworthiness maintenance program posed rule making was published in the thereon is unnecessary and that it may. according to its maintenance manuals; F ederal R egister (32 F.R. 11643), stating that the Federal Aviation Administra be made effective immediately. * * * * * tion was considering an amendment to ■ In consideration of the foregoing, e - (f) Be able to read, write, speak, and Part 71 of the Federal Aviation Regula fective immediately, F.R. Doc. No. 67- understand the English language, or, in tions that would alter the Spartanburg, 9913,, Item 1, c., is amended as follows. the case of an applicant who does not S.C., control zone and transition area. In V-35 “including a 12 AGL west al meet this requirement and who is em Interested persons were afforded an ternate via Tallahassee, Fla.;” is deleted ployed outside the United States by a opportunity to participate in the rule and “including a 12 AGL west alternate ' certificated repair station, a certificated making through the submission of com U.S. commercial operator, or a certifi ments. All comments received were from Cross City to Albany via Tallahas cated UJS. air carrier, described in para favorable. see, Fla.;” is substituted therefor. graph FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13507 [Airspace Docket No. 67-WA-27] Chapter II— Civil Aeronautics Board condition, or terminate orders authoriz ing postponement; and PART 7 1 — DESIGNATION OF FEDERAL SUBCHAPTER E— ORGANIZATION (2) Approve or disapprove applica a i r w a y s , c o n t r o l l e d a i r s p a c e , REGULATIONS tions for authority to temporarily sus a n d REPORTING POINTS [Reg. No. OR-25] pend service; and, upon notice, modify, condition, or terminate orders authoriz pART 7 5 — ESTABLISHMENT OF JET PART 385— DELEGATIONS AND RE ing the temporary suspension of service. ROUTES VIEW OF ACTION UNDER DELE ***** GATION: NONHEARING MATTERS Alteration of Jet Route Segment (w) Approve applications for author Designation of Reporting Point Delegations of Authority— Postpone ity to file pickup and delivery tariffs under Part 222 where approval of the The purpose of these amendments to ment of Inauguration of Service, Filing of Pickup and Delivery Tar application is in accordance with estab Part 71 and Part 75 of the Federal Avia lished Board precedent. tion Regulations is to realign the seg iffs, and Air Taxi Exemptions To Use (x) Approve applications of air taxi ment of Jet Route No. I ll between Nome, Small Jet Aircraft operators for exemptions from section Alaska, and McGrath, Alaska, and to Adopted by the Civil Aeronautics Board 401 of the Act and Part 298 of the designate Unalakleet, Alaska, as a high at its office in Washington, D.C., on the Board's Economic Regulations to the ex 22d day of September 1967. tent necessary to enable them to utilize altitude reporting point. small jet aircraft in air transportation Jet Route No. l i t segment is presently This amendment delegates to the Di rector, Bureau of Operating Rights, au on a planeload charter basis where such designated from Nome direct to McGrath thority to (1) approve and disapprove applications are in accordance with with a minimum en route altitude applications filed under Part 205 to post established Board precedent. (MEA> for this segment established at pone inauguration of new service pur (Secs. 204(a) and 1001 of the Federal Avia 22,000 feet MSL. Action is being taken suant to certificate awards, (2) approve tion Act of 1958, as amended, 72 Stat. 743, 788; 49 XJ.S.C. 1324, 1481, and Reorganization herein to realign this segment from Nome applications of air taxi operators for exemption to use small jet aircraft in Plan No. 3 of 1961, 75 Stat. 837, 26 F.R. via Unalakleet, Alaska, to McGrath. The planeload charter operations in accord 5989) utilization of the Unalakleet VOR for the ance with Board precedent, and (3) ap Effective: September 22, 1967. alignment of this jet route will permit the prove applications under Part 222 for Adopted: September 22,1967. MEA to be lowered to 18,000 feet, thereby authority to file pickup and delivery providing additional altitudes for the tariffs when such approvals are in ac By the Civil Aeronautics Board. movement of air traffic. The designation cordance with established Board prece [se a l ] H arold R. S and er so n , dents. Section 385.13 (n) is revised to in Secretary. of Unalakleet as a high altitude report corporate the new delegation of authority ing point will assist air traffic control by with respect to applications filed under [F.R. Doc. 67-11337; Filed, Sept. 26, 1967; providing a position report of aircraft Part 2051 and new paragraphs (w) and 8:49 a.m.] operating in the jet route structure be (x) are added to § 385.13 to incorporate tween Nome and McGrath. the delegation of authority with respect Since these amendments are minor in to applications filed under Part 222 and air taxi exemption applications, Title 21— FOOD AND DRUGS nature and do not alter the extent of respectively.. Chapter I— Food and Drug Adminis controlled airspace, notice and public Since this amendment is a rule of procedure hereon are unnecessary. How agency practice and procedure, notice tration, Department of Health, Edu ever, since it is necessary that sufficient and public procedure thereon are unnec cation, and Welfare time be allowed to permit appropriate essary and the rule may be made effec SUBCHAPTER A— GENERAL tive immediately. changes to be made on aeronautical PART 8— COLOR ADDITIVES charts, these amendments will become Accordingly, the Board hereby amends effective more than 30 days after § 385.13 of tire Organization Regulations Subpart D— Listing of Color Additives (14 CFR 385.13) by revising paragraph publication. for Food Use Exempt From Certifi (n) and adding new paragraphs (w) and cation In consideration of the foregoing, Part (x), effective September 22,1967, to read 71 and Part 75 of the Federal Aviation as follows: Carrot O i l ; C onfirmation o f E ffective Regulations are amended, effective 0001 D ate e.s.t., December 7, 1967, as hereinafter § 385.13 Delegation to the Director, Correction set forth. Bureau of Operating Rights. The Board hereby delegates to the In F.R. Doc. 67-10617 appearing at 1. In §71.213 (32 F.R. 2288) the fol page 12943 of the issue for Tuesday, Sep lowing is added: Director, Bureau of Operating Rights, tember 12, 1967, the third line of para Unalakleet, Alaska. the authority to: graph 2 now reading “F.R. 10980). Ac ***** cordingly. the regulation” is corrected to 2. In § 75.100 (32 F.R. 2341) Jet Route (n) With respect to postponement of read "F.R. 10931) is amended by delet . N°. Ill is amended by deleting “From inauguration of service or temporary ing from”. Nome, Alaska, wia” and substituting suspension of . service under Part 205 of ‘Prom Nome, Alaska, via Unalakleet, Alaska;” therefor. this chapter (Economic Regulations): 307(a) of the Federal Aviation Act of (1) Approve or disapprove applica Title 45— PUBLIC WELFARE W58; 49 XJ.S.C. 1348) tions for authority to postpone inaugura Chapter V— Foreign Claims Settlement tion of new service pursuant to certifi Issued in Washington, D.C., on Sep Commission of the United States tember 20, 1967. cate awards; and, upon notice, modify, SUBCHAPTER A— RULES OF PRACTICE H. B. Helstrom, Chief, Airspace and Air 1A nonsubstantive editorial change deletes PART 502— EMPLOYEE RESPONSI duplication of authority to dismiss moot ap BILITIES AND CONDUCT Traffic Rules Division. plications and to dismiss applications upon [PR- Ooc- 67-11334; Filed, Sept. 26, 1967; request of the applicant, since such authority Part 502 of the regulations of the For 8:49 a.m.] is expressly conferred by § 385.3. eign Claims Settlement Commission of FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 No. 187—Pt. I- 13508 RULES AND REGULATIONS the United States are hereby revised as § 502.735—4 Gifts, entertainment, and ber 15, 1967, and is effective upon publication set forth below. favors. in th e F ederal R egister. Sec. The Commission authorizes the excep Dated: September 22,1967. 502.735- 1 Adoption of regulations. tions to 5 CFR 735.202(a) set forth in 5 Edward D. Re, 502.735- 2 Review of statements of employ CFR 735.202(b) (l)-(4). ment and financial interests. Chairman. 502.735- 3 Disciplinary and other remedial § 502.735—5 Outside employment and [F.R. Doc. 67-11315; Filed, Sept. 26, 1967; action. / other activity. 8:48 a.m.] 502.735- 4 Gifts, entertainment, and favors. 502.735- 5 Outside employment and other An employee of the Commission may activity. engage in outside employment or other 502.735- 6 Specific provisions of agency reg outside activity not incompatible with the ulations governing special Gov full and proper discharge of the duties Title 46— SHIPPING ernment employees. and responsibilities of his Government Chapter I— Coast Guard, Department 502.735- 7 Statements of employment and employment: Provided, however, That no of Transportation financial interest. professional officer or employee of the 502.735- 8 Supplementary statements. Commission shall engage in the private SUBCHAPTER E— LOAD LINES A u t h o r i t y : The provisions of this Part 502 practice of his profession, and no officer [CGFR 67-43] issued under E.O. 11222 of May 8, 1965, 30 or employee, regardless of the nature of P.R. 6469, 3 CFR 1965 Rupp.; 5 CFR 735.101 his duties with the Commission, shall PART 45— MERCHANT VESSELS WHEN et seq. engage in the private practice of law, ENGAGED IN A VOYAGE ON THE § 502.735—1 Adoption of regulations. except upon the prior approval in writ GREAT LAKES ing by the Chairman of the Commission. Pursuant to 5 CFR 735.104(f), the Subpart 45.01— Administration Foreign Claims Settlement Commission § 502.735—6 Specific provisions of of the United States (referred to herein agency regulations governing special Seasonal Load Lines for Vessels Marked after as the Commission) hereby adopts Government employees. and Certificated Under or in Accord the following sections of Part 735 of Title ance With International Convention (a) Special Government employees of on Load Lines or for Ocean Domestic 5, Code of Federal Regulations: the Commission shall adhere to the §§735.101-102 735.201a, 735.202 (a), (d), standards of conduct applicable to em Service (e), (f)-735.210, 735.302, 735.303(a), ployees as set forth in this part and Under 46 CFR 45.01-75 (b) special pro 735.304, 735.305(a), 735.403(a), 735.404, adopted under § 502.735-1, except 5 visions are made for those vessels that 735.405, 735.407-735.411, 735.412 (b) and CFR 735.203(b). are marked and certificated under the (d). These adopted sections are modified (b) Special Government employees of International Load Line Convention, and supplemented as set forth in this the Commission may teach, lecture, or 1930, when such vessels may be engaged part. write in a manner not inconsistent with on a voyage on the Great Lakes. The § 502.735—2 Review of statements of 5 CFR 735.203(c). freeboards which may be assigned to employment and financial interests. (c) Pursuant to 5 CFR 735.305(b), the U.S. vessels for ocean domestic service, in Commission authorizes the same excep accordance with 46 CFR 43.15-98 or Each statement of employment and 43.30-75 or in accordance with 46 CFR financial interests submitted under this tions concerning gifts, entertainment, and favors for special Government em 43.03-1 (c) published in the Federal Reg part shall be reviewed by the General ister of January 6, 1967 (32 F.R. 77), Counsel. When this review indicates a ployees as are authorized for employees by § 502.735-4. may differ from those permitted by the conflict between the interests of an em International Load Line Convention, ployee or special Government employee of § 502.735—7 Statements of employment 1930. In order to clearly indicate the the Commission and the performance of and financial interest. freeboards which apply to vessels marked his services for the Government, the Gen (a) In addition to the employees re with international or coastwise load lines eral Counsel shall have the indicated quired to submit statements of employ issued under 46 CFR Part 43 when in conflict brought to the attention of the ment and financial interest under 5 Great Lakes waters, the text of 46 CFR employee or special Government em CFR 735.403(a), employees in the follow 45.01-75 (b) is revised to describe the ployee, grant the employee or special ing named positions shall submit state applicable marks and have the effect, in Government employee an opportunity to ments of employment and financial in most cases, of permitting ocean vessels to explain the indicated conflict, and at terest: operate on the Great Lakes at essentially tempt to resolve the indicated conflict. (1) Executive Director. the same drafts as heretofore. If the indicated conflict cannot be re (2) Attorneys in Charge of Divisions. In view of the fact that U.S. vessels solved, the General Counsel shall forward (b) Each statement of employment in ocean domestic service may engage a written report on the indicated conflict and financial interest required by this in Great Lakes voyages, and such vessels to the Chairman of the Commission section shall be submitted to the General may be marked and certificated imder through the counselor for the agency Counsel of the Commission. provisions other than the International designated under 5 CFR 735.105(a). (c) An employee who believes that his Load Line Convention, 1930, as Prcn™‘ § 502.735—3 Disciplinary and other re position has been improperly included in ed by 46 CFR 43.15-98, 43.30-75 or 43.03- medial action. this section as one requiring the submis 1(c), it is hereby found that it is neces sion of a statement of employment and sary in the public interest to permi An employee or special Government financial interests may obtain a review of recognition and use of such markings ana employee of the Commission who vio his complaint under the Commission’s certificates while such vessels may w lates any of the regulations in this part grievance procedure. engaged in Great Lakes voyages. It is or adopted under § 502.735-1 may be dis found that compliance with the Admin ciplined. The disciplinary action may be § 502.735—8 Supplementary statements. istration Procedure Act (respecting no in addition to any penalty prescribed by Notwithstanding the filing of the an tice of proposed rule making, public rui law for the violation. In addition to or in nual supplementary statement required making procédures thereon and onec- lieu of disciplinary action, remedial ac by 5 CFR 735.406, each employee shall at tive date requirements) is contrary tion to end conflicts or appearance of all times avoid acquiring a financial in the public interest, and therefore, tne conflicts of interest may include but is terest that could result, or taking an ac actions are exempt from such reamr not limited to: tion that would result, in a violation of ments under the provisions of section (1) Changes in assigned duties; the conflicts-of-interest provisions of of that Act (5 U.S.C. 553). However, any (2) Divestment by, the employee or section 208 of Title 18, United States person or organization who may feel special Government employee of his con Code, or the regulations in this part or, grieved by these changes in the reg flicting interest; or adopted under § 502.735-1. tions, may submit an informal appe (letter) to the Commandant (CMC), u.d- (3) Disqualification for a particular N o t e : This amended Part 502 was approved assignment. by the Civil Service Commission on Septem Coast Guard, Washington, D.C. 20w*. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13509 within 60 days from date of publication 6. ABC and NAB supported the pro of this document in the Federal R egister Title 47— TELECOMMUNICATION posal that conventional meters be setting forth those portions of the regu retained in the transmitter and antenna lations in 46 CFR 45.01-75(b) to which Chapter I— Federal Communications circuit. ABC notes that conventional objection is taken, the reasons or basis Commission meters can easily be removed for replace for such objection, the name and address [Docket No. 17338; FCC 67-1067] ment and calibration. NAB states that such meters have proven dependable and of submitter, his business firm or organi PART 73— RADIO BROADCAST zation (if any), and whether or not accurate, are easily understood and fool further written or oral arguments are SERVICES proof, and holds that they should remain desired to be submitted. Indicating Instruments and the primary means for transmitter By virtue of the authority vested in Automatic Logging supervision and control. Collins, on the me as Commandant, U.S. Coast Guard other hand, believes that the Commis by section 632 of Title 14 United States In the matter of amendment of sion should permit the substitution of Code, subsection 6(b) of Department of §§ 73.39, 73.320, and 73.688 of the Com digital meters for the metering of all Transportation Act (Public Law 89-670, mission’s rules and regulations pertain functions at the transmitter. Because of 80 Stat. 931), and Department of Trans ing to indicating instruments and auto the cost of such meters, however, Collins portation Order 1100.1 dated March 31, matic logging, Docket No. 17338, RM- believes that section 73.39 and the cor 1967 (49 CFR 1.4(a)(2), 32 F.R. 5606), 954, RM—1044. responding sections of the FM and TV and the authorities cited with the regu Report and order. 1. On March 29, rules should be modified to make clear lations below, the following amendments 1967, responding to a petition filed by that only one indicator is necessary, are prescribed, which shall be effective American Broadcasting Co., Inc., in which would be switched for the reading on and after the date of publication of which Westinghouse Broadcasting Co., of the various parameters. Jacks could be this document in the Federal Register: Inc., joined, and with respect to which provided in individual circuits for the 1. The authority note for Part 45 is Columbia Broadcasting System, Inc., temporary insertion of conventional amended to read as follows: filed supporting comments, the Commis meters for inspection or maintenance. sion issued a notice of proposed rule Authority: The provisions of this Part Storer notes that the' field repair of 45 issued under sec. 2, 49 Stat. 888, as amend making, FCC 67-410, 32 F.R. 5564. look digital meters is probably not feasible, ed: 46 U.S.C. 88a, Department of Transporta ing toward amendment of §§ 73.39, and if they were used for the primary tion Order 1100.1, M ar, 31, 1967, 49 CFR 73.320, and 73.688 of the rules to permit, metering system, a spare would be 1.4(a) (2), 32 F.R. 5606. the use of digital meters, printers, and desirable. However, the expense of such other numerical readout devices for 2. Section 45.01-75(b) (including Ta meters militates against such a require metering broadcast transmitters. The ment. ble 45.01-75 (b) and note) is amended to present rules have specifications only for read as follows: • 7. All parties commenting on the ques conventional pointer and scale meters. tion believe that there should be no. real § 45.01—75 Seasonal load lines. 2. A date of May 8,1967, was set as the question as to the reliability of digital * * * * * deadline for the filing of comments, and meters. Collins considers that the pos (b) (1) For those vessels that are June 8, 1967, for reply comments. At the sibility is small that a digital meter marked with international or coastwise request of Storer Broadcasting Co., these would fail in a mode in which its mal load lines under Part 43 in this sub dates were extended to June 8 and July functioning would not be immediately chapter, the load line marks applicable 8,1967^respectively, by Commission order apparent. It notes that, in any event, the to voyages on the Great Lakes shall be of May 1,1967. Commission rules permit operation in accordance with Table 45.01-75 (b) (1). 3. The following parties filed timely without conventional meters for periods comments: T able 45.0*-75(b) (1) up to 60 days, with the implication that Telmet Company (Telmet). digital meter failure would not be a seri Load line mark, Collins Radio Company (Collins). ous matter. salt water Season applicable Rust Corporation (Rust). Tropical (T )______May 1-Sept. 30 (sum Moseley Associates (Moseley). 8. The majority of the parties com m er). Columbia Broadcasting System, Inc. (CBS). menting on the proposal maintain that Summer ( S )------Apr. 16-30, Oct. 1-31 Storer Broadcasting Co. (Storer). the inclusion of a decimal point in the (intermediate). National Association of Broadcasters (NAB). digital readout is unnecessary, and adds Winter (W )------Nov. 1-Apr. 15 (w in ter). American Broadcasting Cos., Inc. (ABC). complication and expense to the system. (2) Cargo and tank vessels, as defined 4. In summary, the Commission pro The requirement is particularly onerous in §§ 45.01-15 and 45.01-17 and bearing posed to amend its rules to permit the as applied to automatic logging, if meter marks forward of the disk issued under employment of digital readout devices, ing information is transmitted to a re Subpart 43.15 or Subpart 43.30 (exclusive if: mote control point as binary coded digits. of §§ 43.15-98 and 43.30-75), may be au (1) Conventional meters are main 9. The parties generally agree that the thorized to load to the tropical fresh tained at the transmitter. digital display will have its greatest use water mark (TF) during the midsummer (2) The readout generally includes at fulness in automatic logging. A decimal season. In such cases a special supple least three digits and decimal point, and point occupies needed log space and its mentary certificate shall be issued. has an accuracy of at least 2 percent. inclusion offers little advantage over the (3) Alternatively, vessels engaged in (3) The readout for phase differences provision on the face of the log of a voyages in the St. Lawrence River no includes four digits and decimal point, legend indicating the decimal multiplier further west than Montreal may utilize so that readings can be indicated to to be applied to the evaluation of a par their seasonal marks in accordance with decimal fractions of degrees. ticular parameter. ABC called attention the ocean seasonal limits which regularly to the fact that such multipliers should apply to voyages east of the lines defined The Commission further indicated that not be equated to the “arbitrary scales in § 45.01-1 (d). it was considering imposing a require and conversion charts”, the use of which (4) Vessels loading in salt water and ment that the device be calibrated with is prohibited by the proposed rules. Proceeding to fresh water shall load on a laboratory voltmeter with a full scale 10. There is agreement that a three- the basis that the seasonal freeboards in accuracy of at least one-half of 1 per digit display is sufficient to provide 2 per e^ n case are increased by the amount cent. cent reading accuracy, if all three digits oi the fresh water allowance-stated in the 5. All parties supported the proposi are significant figures. No strong oppo load line certificate. tion that the rules be amended to sition was raised to such an accuracy * * * * * permit the use of digital readout devices. requirement, which is substantially in However, there was almost unanimous Dated: September 21,1967. excess of that which can be achieved opposition to the proposals that decimal with conventional meters, employed in W, J. Smith, points be indicated in readouts, that accordance with existing rules. Admiral, U.S. Coast Guard, phase differences be indicated to decimal 11. With respect to the display of Commandant. fractions of degrees, and that the digital phase differences, several parties em tp-R. Doc. 67-11310; Filed, Sept. 26, 1967; device be calibrated with a laboratory phasized that a three-figure readout will 8:47 a.m .] voltmeter. accommodate indications to the nearest FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13510 RULES AND REGULATIONS degree, the greatest accuracy of which tional meters ABC, among others, ap lenient, even for many “noncritical” ar the ordinary phase monitor is capable. pears content. rays. Under present metering rules, how Therefore, it was contended that the 16. The rules proposed by the Commis ever, any tightening of the tolerance fourth digit and decimal point specified sion require the retention of conven would be unrealistic. in the proposed rule is redundant. Where tional meters at the transmitter. Ob 20. In view of the above examples, we highly precise phase monitors are em viously, these rules would permit the use would assert that greater metering ac ployed, appropriate displays could be of digital instruments at a remote con curacy than required by the Commis authorized on a case-by-case basis. trol point, but are not specific as to sion’s rules is, indeed, desirable. Better 12. Collins believes that the digital in whether, if a digital instrument is pro accuracy of course, can be achieved by strument ^should be calibrated against a vided at the transmitter in addition to the other means than by the use of a digital highly accurate standard, but suggests conventional meters, it can be used for device. Despite the latitude afforded by the use of a standard voltage source. It logging operating parameters, in lieu present rules, good engineering practice notes such sources are quite costly, but of the conventional meters. If this is should require that conventional meters station gear might be calibrated by an permitted, obviously the superior ac be utilized with scales such that normal outside party on a contract basis. Rust curacy of digital instruments can be indications are near the full scale read agrees on the use of a reference source, utilized. ings. Also, conventional meters with 1 if the digital meter is used for primary 17. As mentioned above, Storer has percent of full scale accuracy are avail monitoring at the transmitter. Both questioned whether accuracy greater able at prices not greatly exceeding those Telmet and Moseley point out that the than provided by conventional meters is of 2 percent meters. Nevertheless, while typical digital instrument is considerably desirable or necessary. In this connection, the average digital meter has an absolute more accurate than a one-half of 1 per there appears to be two general questions accuracy which is probably greater than cent laboratory meter, and oppose cali which are pertinent: > is necessary for the purpose, it does have bration by such a meter primarily for (1) Do conventional meters, utilized a real and useful advantage over conven this reason. On the other hand, ABC and as permitted by present rules, provide tional meters in broadcast monitoring— NAB, who favor the retention of con sufficiently accurate indications to assure its far greater resolution—which permits ventional meters at the transmitter, that a station is operating within the deviations in parameters to be more ac oppose calibration with a laboratory tolerances prescribed in the rules? curately and easily determined. meter on the basis that calibration to the (2) Are there any tolerances which 21. On the basis of the comments and degree of accuracy proposed is unreal should be made more restrictive, but, if our own further examination of the digi istic and unnecessary, since the ultimate tightened, could not be accurately moni tal instrument field, we are now con accuracy of the digital meter indication tored under present rules for meters and vinced that there is no substantial will depend on the accuracy of station their employment? question as to their reliability. If conven meters against which it is calibrated. 18. We will not examine these ques tional meters are logged at the transmit Storer agrees that if conventional meters tions exhaustively, but will consider two ter, and a remote digital meter calibrated are to be used for logging parameters at examples. Section 73.57(a) of the rules against these meters, we agree that it is the transmitter, a separate, highly pre requires that the operating power of a pointless to separately calibrate the in cise calibration of the digital instrument station not exceed the licensed power by strument with any better degree of ac is pointless. CBS does not object to this more than 5 percent. Section 73.3SKb) (2) curacy, since the metering system used requirement, but states the Commission permits antenna current to be read with at the transmitter will determine the notice is unclear as to whether the cali a meter having an accuracy of ±2 per maximum accuracy to be realized at a bration should be only of , the instrument, cent of the full scale reading, and with a remote monitoring point. If higher ac or should include associated circuitry normal indication of as little as 0.2 of the curacy is desirable, at the transmitter, as which may affect its accuracy. Also, the full scale reading. The error in the an we believe it is, it would be preferable Commission has failed to indicate how tenna current reading by such a meter to accomplish this by appropriate often the device should be calibrated. under such conditions can be as great as changes in the rules. We are considering 13. Storer questions the need for the 2 % or 10 percent. A rather generally such action. However, in the interim, we additional accuracy afforded by digital 0.2 would encourage the use of more exact devices, even if the rules permitted a sta applied rule of thumb requires that the measuring instruments. tion to take full advantage of this ac maximum error of measurement not ex 22. Accordingly, we will permit digital curacy. It suggests that broadcast sta ceed one-half of the tolerance applying meter indications to be read and entered tions can be kept well within prescribed to the parameter being measured. In the in the operating log at the transmitter. operating tolerances with conventional example cited, the possible measurement 23. We agree with Collins and Storer meters and any tightening of these toler error is four times this amount. Even as that, because of the cost, it will not in ances would not result in a detectable suming that the antenna current is ac most cases, be possible to use individual improvement in broadcast service. curately indicated, it should be noted digital meters for monitoring each of the 14. Rust suggests that the real gain that the difference in scale readings for basic operating parameters. However, we accruing from the use of digital displays the licensed power input, and for input are unwilling to permit reliance on one and readouts is in the reduction of op 5 percent above this figure is, in the ex meter. Collins, as previously noted, has erator’s reading errors. ample above, only one-fourth of one suggested that since the Commissions 15. The petition of ABC which initi scale division. For the minimum scale rules conteinplate operation of a broad ated this proceeding by requesting the length permitted by the rules, this cor cast transmitter for periods of substan Commission to authorize the use of digi responds to a pointer movement along tial length without a defective meter, we tal instruments, offered, as the principal the scale of less than one-twenty-fourth should not be too concerned with tne reason for their use, the greater inherent of an inch. possibility of digital meter failure. This accuracy of such instruments. However, 19. Section 73.57(b) requires that theargument fails to recognize the differenc it would appear that the principal inter ratios of the antenna current in the ele in the effect of the failure of an instru est of the majority of those commenting ments of a directional antenna system be ment which meters a single paramete in this proceeding and favoring the use maintained within 5 percent of those or function, and of a multipurpose me of such instruments is in the preparation specified in the license. The licensed val whose malfunctioning can result in tn of automatically printed numeric logs, ues of these currents are determined by loss of supervision over most, if not a . in lieu of the graphical logs which the the proof of performance and, „therefore, of the critical operating parameters oi Commission’s rules now contemplate. it is the deviations from those values, the broadcast system. Therefore, e While numeric logs, as Rust notes, will rather than their absolute levels which though a licensee may elect to read anu undoubtedly reduce reading errors, the is important, It is quite clear that it can log the operating parameters at tne accuracy of the printed indications can be difficult to monitor the 5 percent de transmitter with a digital instrument, be no better than that of the instruments viations accurately under present stand will require the retention of cnnvenu against which the digital instrument is ards. Moreover, this tolerance is one meters at the transmitter and in tne * calibrated. With the accuracy Ibf conven which the Commission feels may be too tenna circuit for standby use, unless FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13511 there is maintained at the transmitter a or (4) against a precision d’Arsonval provision for its rapid substitution for spare digital instrument, so installed or meter. The external components can be the main device should that device mal equipped as to permit its immediate sub checked with a bridge, or by the sub function. The readout of the device shall stitution should malfunctioning of the stitution of other components of known include at least three digits and shall main instrument occur. accuracy. Other methods may suggest indicate the value or a decimal multiple 24. We are persuaded by the arguments themselves. We do not believe, that per of the value of the parameter being read of the parties that it is unnecessary to mitted this flexibility, licensees will find to an accuracy of at least 2 percent. The include a decimal point in the display or it difficult or burdensome to meet and multiplier to be applied to the reading printout, and that its omission is un maintain the required accuracy. of each parameter shall be indicated at likely to result in errors. Also, the deci 29. Moseley again has urged that the the operating position of a switch used to mal point may occupy needed space in rules require an indication of an out-of- select the parameter for display, or on a printout. Whether, as some of those tolerance condition be made on a printed the face of an automatically printed log commenting contend, its use would in log by rrleans of printing of a different at least once for each calendar day. volve substantial complication and addi color, an asterisk, or some other means, 2. Section 73.320 is amended by adding tional expense, would seem to depend, to and argues persuasively for the utility of a new paragraph (g) to read as follows: a considerable extent, on the* place where this device. We agree that such a func § 73.320 Indicating instruments— speci the decimal point is introduced into the tion is desirable, although not strictly fications. system. If it is transmitted as coded necessary. The remote control system information to a remote control point marketed by Moseley includes facilities ♦ * ♦ * 4c more complicated coding will be required; for such indications. However, Moseley (g) Digital meters, printers, or other on the other hand, the adjustment of has not indicated the difficulties which numerical readout devices may be used a digital voltmeter display of an might be encountered by others in adopt in addition to or in lieu of indicating in analog input to include a properly ing this feature if it were made manda struments meeting the specifications of placed decimal point may present no tory for all numeric automatic logging paragraphs (a) and (b) of this section. major difficulty. systems. Since, in the original notice, the If a single digital device is used at the 25. We will also modify the require Commission indicated that this proposal transmitter for reading and logging of would not be considered in the instant operating parameters, either (1) indicat ment for a four-digit indication of phase ing instruments meeting the above- differences, although with some reluc proceeding no other party has com mented on this particular subject. There mentioned specifications shall be in tance. It should be observed that for a stalled in the transmitter and antenna display to three significant figures of fore, we will not require that automatic logging systems be capable of providing circuit, or (2)" a spare digital device shall other operating parameters, the instru be maintained at the transmitter with ment resolution is substantially better printed indications of out-of-tolerance conditions. However, nothing in the rules provision for its rapid substitution for than the overall accuracy required, but the main device should that device mal a three-digit phase display in whole de we now adopt would preclude the in corporation of this feature in any such function. The readout of the device shall grees gives resolution which just equals include at least three digits and shall the rated accuracy of many phase moni system. 30. Accordingly, it is ordered, Effective indicate the value or a decimal multiple tors. Thus, although the average devia of the value of the parameter being read tion would be smaller, at any particular October 30, 1967, that Part 73 of the rules and regulations is amended as set to an accuracy of at least 2 percent. The time the phase indication of a three- multiplier to be applied to the reading digit device may lag the electrical output forth below. Authority for the rule amendments adopted herein is contained of each parameter shall be indicated at of the phase monitor by nearly a full the operating position of a switch used to degree. This could be a significant differ in sections 4(i) and 303 (r) of the Com munications Act of 1934, as amended. select the parameter for display, or on ence if the monitor indication is close to the face of an automatically printed log a set tolerance. However, the Commis 31. If is further ordered, That this at least once for each calendar day. sion’s rules do not presently prescribe a proceeding is hereby terminated. tolerance for phase deviations, and es 3. Section 73.688 is amended by adding (Secs. 4, 303, 48 Stat., as amended 1066, 1082; a new paragraph (g) to read as follows: tablishment of a three-digit readout will 47 U.S.C. 154, 303) Permit uniform rules to be applied to the § 73.688 Indicating instruments. Adopted: September 20,1967. indication of all parameters. * * ♦ * * 26. The proposed rules are being Released: September 22, 1967. amended to delete the prohibition against (g) Digital meters, printers, or other the use of arbitrary scales and conversion F ederal C ommunications numerical readout devices may be used in charts, since the requirement in the C o m m is s io n ,1 addition to or in lieu of indicating instru amended rules that indications be direct [ sea l] B e n F . W aple, ments meeting the specifications of para or decimal multiples of the values of the Secretary. graphs (a) and (b) of this section. If a Parameters measured adequately defines 1. Section 73.39 is amended by addingsingle digital device is used at the trans and limits the form of the readout per a new paragraph (j) to read as follows: mitter for reading and logging of op mitted. erating parameters, either (1) indicating 27. Where a numerical readout device § 73.39 Indicating instruments— specifi instruments meeting the above-men js used at a remote control point, it will cations. tioned specifications shall be installed in be calibrated against the meter or meters « * v * * * the transmitter and antenna circuit, or used to read and log the operating pa (j) Digital meters, printers, or other (2) a spare digital device shall be main rameters at the transmission, as provided numerical readout devices may be used tained at the transmitter with provision m the present rules. in addition to or in lieu of indicating for its rapid substitution for the main 28. If such a device is used for reading instruments meeting the specifications device should that device malfunction. and logging parameters at the trans of paragraphs (a) and (b) of this sec The readout of the device shall include mitter, the licensee will be expected to tion. If a single digital device is used at at least three digits and shall, indicate maintain its reading accuracy within the the transmitter for reading and logging the value or a decimal multiple of the Percentage established by the attached of operating parameters, either (1) indi value of the parameter being read to an rules. The Commission will not prescribe accuracy of at least 2 percent. The mul rne means to be employed by each li cating instruments meeting the above- tiplier to be applied to the reading of censee in complying with this require- mentioned specifications shall be in each parameter shall be indicated at the p liu' The instrument itself may be stalled in the transmitter and antenna operating position of a switch used to calibrated against (1) an internal check circuit, or (2) a spare digital device shall select the parameter for display, or on eu, if one is incorporated in the instru- be maintained at the transmitter with the face of an automatically printed log against a spare digital instru- at least once for eaclv calendar day. . ^ °ne is maintained, (3) against 1 Commissioners Bartley and Wadsworth [F.R. Doc. 67-11342; Filed, Sept. 26, 1967; Q external precision voltage standard, absent. 8:50 a.m.] _ FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13512 RULES AND REGULATIONS [FOC 67-1060] tioned in paragraph 1, prior notice and SUBCHAPTER B— CARRIERS BY MOTOR PART 74— EXPERIMENTAL, AUXIL rule-making proceedings are unneces VEHICLE sary, and the above rule amendment may IARY AND SPECIAL BROADCAST be made effective immediately. PART 277a— COOPERATIVE SERVICES AGREEMENTS WITH STATES (Secs. 4, 303, 48 Stat., as amended 1066, 1082; Equipment Performance and 47 U.S.C. 154, 303) Extent of Acceptance Installation Adopted: September 20,1967. Correction In the matter of amendment of Released: September 22,1967. In F.R. Doc. 67-11102 appearing at § 74.950(f) of the Commission rules and page 13282 in the issue of Wednesday, regulations with respect to suppression F ederal C ommunications C o m m is s io n ,1 September 20, 1967, § 277a.2 is corrected of out-of-band emissions by Instruc to read as follows : tional Television Fixed Stations. [ sea l] B e n F . W aple, ^ 1. Section 74.950(f) of the rules, gov Secretary. § 277a.2 Extent of acceptance. erning Instructional Television Fixed [F.R. Doc. 67-1134f; Filed, Sept. 26, 1967; The written acceptance may be in let Stations, requires that transmitting ap 8:50 a.m.] ter form, signed by competent authority paratus used solely for relaying signals of said State and shall specify the terms received from other stations, and accom herein pertaining to the obligation of a plishing the relay by simple heterodyne State in which said State will participate. conversion of the incoming signal and Title 49— TRANSPORTATION To the extent that a State agrees to par retransmission, comply with the provi Chapter I— Interstate Commerce Com ticipate in the terms herein, officials of sions of § 74.750 (c), (e), and (f ), govern the Interstate Commerce Commission ing TV broadcast translators, in lieu of mission and Department of Trans will reciprocate. the stricter requirements of § 73.637, gov portation erning TV broadcast stations, which ap SUBCHAPTER A— GENERAL RULES AND ply to other ITFS transmitters. REGULATIONS 2. On July 7, 1965, the Commission Title 50— WILDLIFE AND amended § 74.750(c) as a part of the [Ex Parte No. 243] proceedings in Docket No. 15858, so as to PART 191— LOCOMOTIVE FISHERIES require greater suppression of out-of- INSPECTION band emissions by TV broadcast trans Chapter I— Bureau of Sport Fisheries lators operating with a power output in Main Reservoir Tests; Telltale Holes and Wildlife, Fish and Wildlife excess of 10 watts (1 FCC 2d 15, 30 FJR. On August 19, 1967, FJR. Doc. No. 67- Service, Department of the Interior 8843). Although it was not intended to do 9807, effective October 14,1967, was pub PART 3 2 — HUNTING so, this amendment had the effect of ap lished in the F ederal R egister (32 F.R. plying the stricter suppression require 11994) amending the Locomotive In ment to ITFS relay transmitters oper Brigantine National Wildlife Refuge, spection Other Than Steam Locomotive N.J. ating in the 2500 MHz band, because of Rules, Part 191 (formerly Part 91) of the cross-reference in § 74.950(f). As a Title 49, Code of Federal Regulations. The following special regulation is result, Instructional Television Fixed A new subsection (c) Telltale holes issued and is effective on date of publica Stations operating in a translator mode was added to § 191.206 Main reservoir tion in the F ederal R egister. are required to suppress out-of-band tests. Appended to this subsection was a § 32.12 Special regulations; migratory emission 10 decibels more than Instruc note describing the reservoirs subject tional Television Fixed Stations that are thereto. Through inadvertence, this note game birds; for individual wildlife directly modulated and in which such ended with the following words: “as evi refuge areas. suppression is easier to achieve. denced by a manufacturer’s certificate to N ew J ersey 3. The purpose of this action is to that effect filed with the Commission/1 amend § 74.950(f) by deleting reference Moreover, I find that the filing of such brigantine national wildlife refuge to § 74.750(c) insofar as out-of-band certificate with the Federal Railroad The public hunting of ducks, coots, and emissions are concerned and substituting Administration is not required to ef a reference to § 74.936 of the Instruc gallinules on the Brigantine National fectively administer § 191.206(c). Wildlife Refuge, N.J., is permitted from tional TV rules, thereby making the re Since this amendment is editorial in quired out-of-band emission suppression nature, imposes no additional burden November 4, 1967, through December 23, the same for all instructional TV Fixed 1967, inclusive, for geese and brant from Stations of 10 watts or greater power. on any person and merely deletes a limi 4. Accordingly, pursuant to the au tation inadvertently included in a final October 21, 1967, through December 29, thority contained in sections 4(i) and rule which has not yet become effective, 1967, inclusive, and for scaup from De I find that notice and public procedure cember 25, 1967, through January 6, 303(e) of the Communications Act of hereon are unnecessary. 1934, as amended: It is ordered, That, In consideration of the foregoing the 1968, inclusive. effective September 29, 1967, § 74.950(f) note appended to § 191.206(c) in F.R. Such hunting is permitted only on those is amended to read as follows: Doc. No. 67-9807 is amended to read as areas designated by signs as open to § 74.950 Equipment performance and follows : hunting. Maps delineating hunting units installation. N o t e : Paragraph (c) applies only to welded are available from the Refuge Manager, * * ♦ * * reservoirs originally constructed to with (f ) Transmitting apparatus used stand at least five times the maximum work Oceanville, N.J. 08231, and from the Re solely for relaying signals received from ing pressure fixed by the chief mechanical gional Director, Bureau of Sport Fish officer of the railroad desiring to come within eries and Wildlife, U.S. Post Office and other stations and operating in the man the terms of such paragraph. ner described in § 74.934(a) (2) shall, in Courthouse, Boston, Mass. 02109. lieu of the requirements of § 73.687 of (Secs. 2, 5, 36 Stat. 913, 914; 45 U.S.C. 23, 28. Hunting shall be in accordance with this chapter, comply with the require Sec. 6 (e), (f), 80 Stat. 939, 940) applicable State and Federal regulations ments ofj 74.750 (c), (e), and (f), except Issued in Washington, D.C., on Sep that the suppression of emissions appear tember 21,1967. covering thé hunting of ducks, coots, ing more than 3 MHz above or below the A . S ch effer L ang, gallinules, geese, and brant subject to upper and lower edges, respectively, of Administrator. th e following special conditions: the assigned channel shall be attenuated in accordance with § 74.936. [F.R. Doc. 67-11344; Filed, Sept. 26, 1967; (1) Public hunting on Unit 3 is per 8:50 a.m.] '' mitted on Tuesdays only. 5. Since this action relieves a restric (2) A special Young Waterfowler tion which was inadvertently imposed on 1 Commissioners Bartley and Wadsworth ITFS relay stations by the action men absent. Training Program will be conducted on FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 RULES AND REGULATIONS 13513 Unit 3 on selected Saturdays from Federal Regulations, Part 32, and are Hunting shall be in accordance with twenty (20) designated blind sites. effective through January 13, 1968.- all applicable State regulations govern ing hunting of pheasants, rabbits, (3) All hunting on Unit 3 will be by R ichard E. Griffith, permit only. grouse, squirrels, crows, raccoons, wood Regional Director, Bureau of chucks, skunks, opossums, and foxes The provisions of this special regula Sport Fisheries and Wildlife. tion supplement the regulations which subject to the following special condi govern hunting on wildlife refuge areas S eptember 14, 1967. tions: generally, as set forth in Title 50, Code [F.R. Doc. 67-11326; Filed, Sept. 26, 1967; (1) The open season for hunting red of Federal Regulations, Part 32, and are 8:48 a.m.] squirrels, crows, raccoons, woodchucks, effective through January 6,1968. skunks, opossums, and foxes on the PART 32— HUNTING refuge extends from September 30, 1967, R ichard E. G riffith, through March 15, 1968. Regional Director, Bureau of Erie National Wildlife Refuge, Pa. (2) The Restricted Area, that portion Sport Fisheries and Wildlife. .The following special regulation is of the refuge situated between Pennsyl September 14, 1967. issued and is effective on date of publi vania Route 27 and Pennsylvania Route [F.R. Doc. 67-11327; Filed, Sept. 26, 1967; cation in the F ederal R egister. 173, is closed to the hunting of upland 8:49 a.m.] game during the period September 30, § 32.12 Special regulations; migratory 1967, through November 25, 1967. game birds; for individual wildlife PART 32— HUNTING The provisions of this special regula refuge areas. tion supplement the regulations govern Parker River National Wildlife Refuge, P ennsylvania ing hunting of wildlife refuge areas gen Mass. ERIE NATIONAL WILDLIFE REFUGE erally, which are set forth in Title 50, Public hunting of ducks and common Code of Federal Regulations, Part 32, The following special regulation is and are effective through March 15, issued and is effective on date of publica coots on the Erie National Wildlife 1968. tion in the F ederal R egister. Refuge is permitted from October 14, 1967, through December 2, 1967, in R ichard E. Griffith, §32.12 Special regulations: migratory clusive, and for Canada geese from Regional Director, Bureau of game birds; for individual wildlife Sport Fisheries and Wildlife. refuge areas. October 14, 1967, through December 2, 1967, inclusive. Such hunting is per S eptember 11,1967. Massachusetts mitted only on the designated Migratory [F.R. Doc. 67-11329; Filed, Sept. 26, 1967; PARKER RIVER NATIONAL W ILDLIFE REFUGE Game Bird Hunting Area. This open 8:49 a.m.] area, comprising 1,792 acres, is delineated Public hunting of ducks, geese (except on maps available at refuge headquar snow geese), brant, and coots on the ters, Guys Mills, Pa. 16327, and from the PART 32— HUNTING Parker River National Wildlife Refuge, Regional Director, Bureau of Sport Mass., is permitted only on the areas Shiawassee National Wildlife Refuge, Fisheries and Wildlife, U.S. Post Office Mich. designated by signs as open to hunting. and Courthouse, Boston, Mass. 02109. These open areas, comprising 1,085 acres, Hunting shall be in accordance with The following special regulation is and known as the Pine Island Hunting all applicable State and Federal regu issued and is effective on date of publica Area, Parker River Hunting Area, Nel tion in the F ederal R egister. son’s Island Hunting Area, and the Youth lations governing the hunting of Canada Hunting Area, are delineated on maps geese, ducks, and common coots. § 32.32 Special regulations; big game; The provisions of this special regula for individual wildlife refuge areas. available at the refuge headquarters, tion supplement the regulations govern Michigan Newburyport, Mass., and from the Re ing hunting on wildlife refuge areas gional Director, Bureau of Sport Fish generally, which are set forth in Title 50, SHIAWASSEE NATIONAL WILDLIFE REFUGE eries and Wildlife, U.S. Post Office and Code of Federal Regulations, Part 32, Public hunting of deer on the Shia Courthouse, Boston, Mass. 02109. Hunt and are effective through December 2, wassee National Wildlife Refuge is per ing shall be in accordance with all appli mitted from 6 a.m. to 7 p.m. each day cable State and Federal regulations cov 1967. R ichard E. Griffith, from November 18,1967, through Decem ering the hunting of ducks, geese, brant, ber 3, 1967, only on the area designated and coots, subject to the following special Regional Director, Bureau of Sport Fisheries and Wildlife. by signs as open to hunting. This open conditions: area, comprising 6,000 acres, is deline (1) The open season for hunting ducks S eptembeB 15,1967... ated on a map available at the refuge and coots on the Pine Island, Parker [F.R. Doc. 67-11328; Filed, Sept. 26, 1967; headquarters, Saginaw, Mich., and from River, and Nelson’s Island Hunting Areas 8:49 a.m.] the Regional Director, Bureau of Sport is from October 20 through November 25 Fisheries and Wildlife, 1006 West Lake and December 12 through December 19 PART 32— HUNTING and, in addition, a special season on black Street, Minneapolis, Minn. 55408. Hunt Erie National Wildlife Refuge, Pa. ing shall be in accordance with all appli ducks from December 20 through Janu cable State regulations covering the ary 2, inclusive; and the open season on The following special regulation is hunting of deer subject to the following geese and brant is from October 20 issued and is effective on date of publi condition: through November 25, and from Decem cation in the F ederal R egister. ber 12 through January 13, inclusive. (1) All hunters must exhibit their (2) The number of hunters on the § 32.22 Special regulations, upland hunting license, deer tag, game and ve Pme Island Area will be limited to 25 game, for individual wildlife refuge hicle contents to Federal and State offi each day, Parker River Area to 50 each areas. cer? upon request. day and the Nelson’s Island Area to 50 P ennsylvania The provisions of this special regula each day, all on a first-come, first-served ERIE NATIONAL WILDLIFE REFUGE tion supplement the regulations which basis. Public hunting of pheasants, rabbits, govern hunting on wildlife refuge areas (3) The Youth Him ting Area will be grouse, squirrels, crows, raccoons, wood generally, which are set forth in Title 50, Pen during the regular State waterfowl chucks, skunks, opossums, and foxes on Code of Federal Regulations, Part 32, eason for young waterfowl trainees on the Erie National Wildlife Refuge, Pa., and are effective through December 3, selected Saturdays in October and No is permitted only on the area designated 1967. ember under the provisions and limita- by signs as open to hunting. This open J ohn R. F rye, spec*al program. Literature area is delineated on maps available at Refuge Manager, Shiawassee scribing this program is also available. refuge headquarters, Guys Mills, Pa., National Wildlife Refuge, tin« 6 provisions of this special regula- and from the Regional Director, Bureau Saginaw, Mich. incT»fUpp^einen* regulations govem- of Sport Fisheries and Wildlife, U.S. S eptember 20,1967. wlr. bunting on wildlife areas generally, Post Office and Courthouse, Boston, [F.R. Doc. 67-11285; Filed, Sept. 26, 1967; mch are set forth in Title 50, Code of Mass. 02109. 8:45 a.m.] FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13514 Proposed Rule Making of evidence of an intention to enter ber 4, 1967, commencing at 9:30 any in DEPARTMENT OF THE TREASURY merchandise at a U.S. port in accordance the Departmental Auditorium, between Bureau of Customs with § 14.4 of the Customs Regulations, 12th and 14th Streets on Constitution whether the merchandise may be re Avenue NW., Washington, D.C., for the C 19 CFR Part 14 ] garded as subject to appraisement on any purpose of receiving comments, views, basis other than f.o.b. port of shipments MERCHANDISE EXPORTED FROM and data on the proposed changes in An importer will continue to have the marine engineering regulations and ma JAPAN right to submit information which he terial specifications as set forth in Items Appraisement of Imported believes to be pertinent to the value of PH 20—67 to 31-67, inclusive, of the Merchandise merchandise imported by him and which Merchant Marine Council Public Hearing he believes establishes that the merchan Agenda, CG-249, dated December 4,1967. Notice is hereby given that under au dise should be appraised at an ex-factory thority of section 500 of the Tariff Act of The agenda contains the specific changes value. However, information submitted being proposed in the marine engineering 1930, as amended (19 U.S.C. 1500), it is by importers will be subject to verifica proposed to make certain changes in the regulations and material specifications, tion in Japan and appraisements will be and for certain proposals the present and methods of obtaining information con made on an f.o.b. basis with respect to cerning the selling practices of manu proposed regulations are set forth in all merchandise imported prior to such comparison form, together with reasons facturers and sellers in Japan. verification. Accordingly, any importer for the changes, if necessary. Considerable difficulty has been ex believing that ex-factory basis of valua perienced in obtaining such information 2. This document contains general de tion applies to his imported merchandise scriptions of the proposed changes in the where the merchandise has been exported should make every effort to see that to the United States pursuant to trans regulations together with appropriate appropriate information is supplied by references to statutes authorizing such actions involving agents or other parties the exporter to the U.S. customs repre acting either on behalf of the importer regulations. The complete text of the sentative in Japan before shipment is proposed changes and additions to the or the seller. It has been established that made. the vast majority of sales for export to regulations is set forth in the “Merchant The proposed change, if adopted, will Marine Council Public Hearing Agenda” the United States are made on an f.o.p. become effective 120 days after it is pub port basis. (CG-249), dated December 4, 1967. Cop lished in the F ederal R egister. The Bu ies of this agenda are mailed to persons At the present time, unverified docu reau of Customs will make available to mentation attesting to freely offered ex and organizations who have requested interested parties, on request, informa that copies be furnished them. Copies factory sales is submitted to customs tion as to whether Or not a particular officers at ports of entry. Inquiries con of the agenda will be furnished, upon re firm’s status has been verified as indi quest to the Commandant (CMC), U.S. cerning submitted information often fail cated above. to support such documentation and lead Coast Guard, Washington, D.C. 20591, so Before action is taken on the above- long as they are available. After the sup to penalty claims against the importers, stated proposal, consideration will be who may have been unaware of the facts ply of extra copies is exhausted, copies given to relevant data, views, or argu will be available, for reading purposes in and may have believed that the informa ments which are submitted in writing tion they supplied was accurate and in Room 4211, Coast Guard Headquarters, to the Commissioner of Customs, Bureau or at the offices of the various Coast compliance with all applicable customs of Customs, Washington, D!C. 20226, not Guard District Commanders. requirements. later than 30 days from the date of publi In order to appraise merchandise from 3. Comments on the proposed regula cation of this notice in the F ederal R eg tions are invited. Written com m ents con Japan as it is usually bought and sold, ister. No hearing will be held. in accordance with the. valuation pro taining constructive criticism, sugges visions of the Tariff Act of 1930, as [ seal] Lester D. J o h nso n, tions, or views are welcomed. However, amended, the Bureau of Customs pro Commissioner of Customs. acknowledgment of the com m ents re ceived or reasons why the suggested poses that all merchandise exported from Approved: September 19,1967. Japan will be appraised at f.o.b. values, changes were or were not adopted can including all costs, charges, and expenses T rue D avis, not be furnished since personnel are not incident to bringing the merchandise to Assistant Secretary available to handle the necessary cor the port ready for shipment, unless the of the Treasury. respondence involved. The public hear ing held by the Merchant Marine Council manufacturer or seller has satisfactorily [F.R. Doc. 67-11325; Filed, Sept. 26, 1967; established before the appraisement of 8:48 a.m.] is inf ormal and intended to obtain views such merchandise that his methods of and'information from those who will be sale warrant appraisement on a different directly affected by the proposals under basis. Any manufacturer or seller who consideration. Each oral or written coni- believes that he may be able satisfactorily DEPARTMENT OF ment is considered and evaluated. If it is to establish a different method of sale believed the comment, view, or suggestion may appear before the U.S. customs rep clarifies or improves a proposed regula resentative in Japan and execute a docu TRANSPORTATION tion or amendment, such proposal is ment, subject to Such verification as may Coast Guard changed accordingly and, after adoption be necessary or appropriate, attesting by the Commandant, the regulations as E 46 CFR Parts 2, 24, 30-32, 35, 37- revised are published in the F ederal R eg to the method or methods of sale utilized ister. If a proposal under consideration by him. This information may also be 40, 50-69, 70, 71, 78, 79, 90, 91, 97-99, 111, 162, 176, 182 1 is not accepted by the Commandant, the submitted by mail to the customs repre proposal is rejected or withdrawn. sentatives in Japan after being appro [CGFR 67-38] priately attested to under Japanese law. 4. Each person or organization who After verification, this information will MARINE ENGINEERING REGULATIONS desires to submit comments, data, or be disseminated to all customs officers AND MATERIAL SPECIFICATIONS Views in connection with the proposed concerned, and will be used for appraise regulations set forth in the Merchant ment purposes in the absence of evidence Notice of Proposed Rule Making and Marine Council Public Hearing Agenda of contrary facts in a given case. Public Hearing shall submit them in triplicate so that Under this procedure, importers will 1. The Merchant Marine Council will they will be received by the Commandant be tentatively advised, upon presentation hold a public hearing on Monday, Decem (CMC) , U.S. Coast Guard Headquarters, FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13515 Washington, D.C. 20591, prior to Decem that these requirements will be further standards or codes will also provide for ber 2, 1967. Comments, data, or views ing the development of an efficient and savings to the taxpayer. may be presented orally or in writing effective merchant marine. 14. The rewrite of the Marine Engi at the public hearing before the Mer 9. The existing Marine Engineering neering Regulations, Subchapter F, be chant Marine Council on December 4, Regulations provide in a general format gan in early 1965. In January 1967, a 1967. In order to insure consideration the Coast Guard’s established procedures preliminary rough draft was distributed of written comments and to facilitate to provide safety in the design, fabrica to interested parties for criticism and checking and recording, it is essential tion, and repair of boilers, pressure ves comment. Written critiques received that each comment regarding a section sels, pressure piping, and machinery for from over 50 different sources were con or paragraph of the proposed regula marine applications. Most fabricators of sidered and incorporated in the regula tions be submitted on Form CG-3287, pressure components for the marine field tions which follow. showing the section number (if any), the also fabricate similar items for land use. 15. The physical format of the re subject, the proposed change, the reason While the Coast Guard’s existing regu vised^ regulations follows the arrange or basis, and the name, business Ann or lations do parallel certain national codes ment of the American Society of Me organization (if any), and the address of and standards, their format and ar chanical Engineers (ASME) Boiler and the submitter. A small quantity of Form rangement have necessitated fabricators Pressure Vessel Code and the Power Pip CG-3287 is attached to this agenda. Ad to utilize and maintain two distinct and ing Section of the United States of ditional copies may be reproduced by complete sets of rules. This situation has America Standard Institute (USASI) typewriter or otherwise. led to unnecessary duplication and ex Code for Pressure Piping. Each part 5. Each item in the agenda has been pense. The proposed regulations in this (chapter) is generally complete in itself given a general title, intended to encom agenda will directly utilize as their basic with a minimum of cross reference to pass the specific proposals presented foundation those standards already fa other regulations. This change is in re thereunder. It is urged that each item miliar to the pressure component de sponse to numerous criticisms of the be read completely because the applica signer and fabricator and will clearly existing regulations; i.e., the require tion of proposals to specific employment identify those areas in which modifica ments for a specific item appear or types of vessels may be found in more tions are required for marine applica throughout the regulations and are not than one item. The items in this agenda tions, wuch an arrangement is expected contained in a single part. are described in general terms in the to provide the fabricator savings in the 16. The proposed arrangement of each paragraphs which follow. standards area. part of the regulations will follow that of 6. It is proposed to completely revise 10. The differences which exist be the particular code which it follows and rules and regulations known as “Marine tween the current regulations and the Engineering Regulations and Material adopts. This arrangement permits easy parallel commercial codes have been identification of differences for marine Specifications” (CG-115) and to rename greatly reduced or eliminated. Those dif the publication “Marine Engineering usage, which are spelled out in tabular ferences which remain do so because of form in each part for the convenience of Regulations”. In the Code of Federal (1) the marine environment, or (2) long Regulations these rules and regulations the user. standing practices, or (3) they are cur 17. A short summary in paragraphs 18 are in Subchapter F (Marine Engineer rent requirements, and the reasons for ing) of Chapter I of Title 46, CFR and to 35 describes proposed regulations. A their retention are that proposals for more detailed summary is given with contained in Parts 50 to 61, inclusive. their elimination have been conflicting These proposals will provide that in the each item. or inconclusive. It is realized that differ Part 50—General Provisions (Item future the marine engineering require ences which cannot be justified by the ments will be: PH 20-67). 18. It introduces the adoption marine environment cause fabricators of industry codes, delineates the appli a. Industrial codes or standards which unnecessary expense and delay. It is ex are deemed to be satisfactory for marine cation of the regulations, outlines general pected that in actions subsequent to this, plan review, defines inspection require use subject to the modifications or addi the remaining differences which are now tions specifically set forth in the pro ments during fabrication by the Coast clearly defined can be thoroughly inves Guard Inspectors, and outlines the pro posed regulations in this agenda; and tigated and if possible eliminated. b. Auxiliary system requirements pe cedure for material certification. The culiar to shipboard operations. The lat 11. Additionally, the proposed regula procedures followed for material certifi ter area was previously covered in the tions, by referencing the national codes cation are identical to those used by the existing regulations and has been gener and standards, will provide detailed in ASME Code for plate, pipe and tubing, ally rearranged and modernized in this formation not Available in the current castings, and forgings. The new Part 50 agenda. regulations. It is expected that this will contains some of the requirements pre 7. The present marine engineering shorten delays and reduce expenses by viously in Parts 50 and 51. The existing regulations were originally prescribed eliminating the need for many interpre affidavit system covering valves, flanges in 1935 to implement the Act of June 13, tations which are now necessary. and fittings is being retained until the 1933 (amending 46 U.S.C. 361, 392, 406- 12. To publish and keep current a de time when adequate commercial specifi 412), governing the construction and in tailed body of marine engineering regula cations for those items are available. The spection of boilers, unfired pressure ves tions covering in comparable detail the requirement for mill inspection of all sels, piping, propulsive and auxiliary material included in the applicable in material previously called Class A has machinery, appurtenances and electrical dustry codes proposed for adoption, as been deleted, however, Coast Guard In Installations. A major revision of these well as covering the special provisions spectors retain the right to make such rules and regulations was undertaken peculiar to marine requirements, would mill visits as may be necessary. after World War n and published with demand an encyclopedia of regulations. 19. A new section for uniformity in an effective date of November 19, 1952, Even if this were otherwise practical It numbering power boilers, heating boilers when the basic vessel inspection regula would require a large staff to keep these and unfired pressure vessels has been tions were revised to implement the 1948 regulations current in this age of tech added. This section together with the international Convention for Safety of nical advance. material in Part 63 will eliminate the ufe at Sea. Since that time amendments, 13. Fortunately, the amendment to need for marking heating boilers under changes, or additions have been made as section 3 of the Administrative Pro specification No. 162.003, and package necessary. v. cedures Act (Public Law 89-487, 5 U.S.C. boilers under 46 CFR 162.026. 46 CFR 8- It is a well-recognized fact that 552), provides an avenue for an ideal 162.026 will be canceled. Specification aunng the last 15 years technological arrangement. It, in effect, allows ac Approval No. 162.003 is now used for enhancements and concepts of engineer- ceptance of those voluntary standards numbering purposes only. The Certifi ? and science have progressed to the or codes (or portions thereof) which are cates of Approval bearing basic numbers J0® immediate action is now deemed satisfactory. By proper incor-._ 162.003 and 162.026 will be terminated eeaed to revise and up-date the marine poration by references these standards or after the proposed regulations are pub : | lnp®ring regulations to. meet current codes will then have the same effect as lished as Marine Engineering Regula uustrial practices and procedures so regulations. Such adoption and use of tions. No. 187—Pt. i- FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13516Tv Part 51—(Vacant). 20. The previous Existing requirements covering test on periodic inspection which appeared Part 51—Materials has been redistrib plates and radiography remain un previously in other parts has been relo uted. Certification of materials now ap changed and differ from those in section cated here for the convenience of the pears in Part 50. Material requirements, v m . ship operator and the inspector. both chemical and physical as well as Part 55—Nuclear Pressure Vessels Part 62—(Vacant)., 32. This part will markings, and nondestructive test re (Item PH 24-67). 25. These vessels were be used for regulations covering auto quirements, are now included by refer not specifically covered under the present matic controls for propulsion boilers ence to sections I, III, IV, VIII, and the regulations. This new part adopts section when 'they become available. section II on materials of the ASME i n of the ASME Code. All new marine Part 63—Automatic Auxiliary Heating Code. These references are located in nuclear power plant pressure vessels are Equipment (Item PH 30-67). 33. Part Parts 52, 53, 54, and 55 of these regula to be built in accordance with this part. 63 contains material previously appear tions. Materials for piping systems are This relatively recent addition to the ing in Subchapter Q—Specification 162.- included within Part 56. ASME Code provides for higher allow 026, automatically controlled packaged Part 52—Power Boilers (Item PH able stresses than permitted for boilers boilers. Coverage has been expanded to 21- 67). 21. Part 52 provides for the adop and other pressure vessels but provides provide realistic requirements for both tion of section I of the ASME Code. for detailed analysis, additional nonde large and small auxiliary steam boilers, Previously most of this material ap structive testing, and increased quality water heaters, and thermal fluid heaters. peared in Part 52 of the regulations, assurance. 46 CPR 162.026 will be canceled and list however, welding was in Part 56, testing Part 56—Piping Systems and Appur ing in Equipment Lists, CG-190, will be in Part 61 and materials in Part 51. This tenances (Item PH 25-67). 26. Adopts eliminated. made it extremely difficult to follow the USAS B31.1.0 (1967 edition of B31.1). Miscellaneous changes in other regula requirements for new construction. Dif This part covers the material previously tions (Item PH 31-67). 34. The proposed ferences which previously existed be appearing in Part 55. Sections on refrig revision of the “Marine Engineering tween Part 52 and section I concerning eration, steering, hydraulics, and LPG Regulations and Material Specifications” boiler water-tube wall thicknesses have cooking and heating systems have been (CG-115), and the proposed adoption of been eliminated, however the prohibi moved to Part 58—Auxiliary Machinery. certain nationally accepted industrial tion against tube threading has been The new Part 56 covers the same basic codes, standards and specifications, by continued. Piping areas which are cov shipboard piping systems previously reference as permitted by section 3 of the ered in section I of the ASME Code have covered, with major changes in overboard Administrative Procedure Act (5 U.S.C. been excluded and the requirements of discharge systems due to the 1966 Load- 552), will require miscellaneous changes Part 56 applied to provide for con line Convention. Sections on nonmetallic in other rules and regulations governing sistency. materials, expansion joints, and thermal merchant vessel inspection and certifica Part 53—Heating Boilers (Item PH analysis have been expanded to provide tion by the Coast Guard which refer to 22- 67). 22. Much of this information was for new developments covering current or complement the “Marine Engineering previously presented in Part 53. The new accepted practices. New sections appear Reglations.” Additionally, other changes Part 53 adopts section IV of the ASME for nuclear and low temperature piping are proposed because of the change in Code. A situation similar to that in the again specifying current accepted prac concept of these regulations and certain case of power boilers, in which require tices. modifications are desired because of ments were spread out amongst several Part 57—Welding and Brazing (Item changes in procedures and practices. parts, has been corrected. The pressure PH 26-67). 27. Part 57 adopts section IX Authority for marine engineering regu coverage for hot water heating and of the ASME Code. Welding requirements lations. 35. The authority for the pro supply boilers has been broadened over appeared previously in Part 56. Work posed regulations governing marine en the existing regulations. Steam boilers manship test plate requirements and gineering regulations is in R.S. 4405, as in this section continue to a maximum toughness assurance tests appear in this amended, 4462, as amended, and subsec pressure of 30 p.s.i.g. even though section part and are unchanged from the cur tion 6(b), Department of Transportation IV of the ASME Code cuts off at 15 p.s.i.g. rent regulations and accepted proce Act (Public Law 89-670, 80 Stat. 931) ; 46 Part 54—Unfired Pressure Vessels dures. These requirements represent an U.S.C. 375, 416, 49 U.S.C. 1655. These (Item PH 23-67). 23. Pressure vessels area of differences from the referenced regulations interpret or apply R.S. 4399, were previously covered under Part 54. codes. Other material which appeared in as amended, 4400, as amended, 4417, as The new Part 54 adopts section V3H of the odd Part 56 on design, nondestructive amended, 4417a, as amended, 4418, as the ASME Code. It continues the present testing, and brazing have been deleted amended, 4421, as amended, 4426-4431, method of classifying vessels as to service and now are covered in the ASME Code as amended, 4433, as amended, 4434, as temperature and pressure, and includes as adopted. amended, 4453, as amended, 4488, as provisions to class low temperature ves Part 58—Main and Auxiliary Machin amended, 4491, as amended, sec. 14, 29 sels. All requirements for the construc ery (Item 27-67). 28. Part 58 contains Stat'. 690, as amended, sec. 10, 35 Stat. tion of unfired pressure vessels now ap material which was previously in Part 428, as amended, 41 Stat. 305, as amend pear in this single chapter instead of in 57 and also now includes other items re ed, secs. 1, 2, 49 Stat. 1544, 1545, as several places. Requirements for the located to this part for the convenience amended, sec. 17, 54 Stat. 166, as amend acceptance of certain small unfired of the user. ed, sec. 3, 54 Stat. 347, as amended, sec. pressure vessels which previously re Part 59—Repairs to Boilers, Unfired 3, 70 Stat. 152, sec. 5, 79 Stat. 424, sec. 3, quired Coast Guard inspection have been Pressure Vessels, and Appurtenances 68 Stat. 675; 46 U.S.C. 361, 362, 391, 391a, changed to permit acceptance of vessels (Item PH 28^-67). 29. New Part 59 con 392, 399, 404-409, 411, 412, 435, 481, 489, built to the ASME Code. This will reduce tains material previously in Part 58. It is 366, 395, 363, 367, 526p, 1333, 390b, 445, overall fabrication costs on these ves unchanged except that repairs pertinent 50 U.S.C. 198; E .0.11239, July 31,1965,30 sels. to new construction have been deleted PH. 9671, 3 CPR 1965 Supp. Department 24. A table which Includes all the and are now covered in the ASME Code of Transportation Order 1100.1, March various pressure vessels and boilers cov as adopted. Present Part 59 has been re 31, 1967, 49 CPR 1.4(a) (2), 32 F.R. 5606. ered by the regulations and gives the located within the new Part 58. user a quick reference to the part of the Part 60—(Vacant). 30. Previous Part I tem PH 20-67—G eneral P rovisions regulations which applies appears in 60 was also vacant. It is available for fu R egarding M arine Engineering Part 54 and is referenced in other parts. ture topics. A new section covers regulations pre Part 61—Periodic Tests and Inspec 36. The general provisions governing viously appearing in Parts 38 and 40 of tion (Item PH 29-67). 31. These require marine engineering and material speci Subchapter D and 98 of Supchapter I on ments were previously under Part 61 but fications have been expanded by trans the sizing of safety valves for cargo tanks the scope of the new part has been re ferring to 46 CFR Part 50 those require under fire conditions. This eliminates duced in that inspection for new con ments of a general nature, which h duplication, chance for error and places struction has been deleted since it now been previously published in other pa all similar material in one location. appears in Parts 52 through 58. Material in these regulations. It is proposed FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13517 amend the Marine Engineering Regula types of nameplates. The proposed 46 or changes, referred to in this subchapter tions and Material Specifications (CG- CFR 50.10-25 states the Coast Guard and forming a part of the regulations of 115) in Subchapter F—Marine Engineer symbol means that impression stamped this subchapter under normal conditions ing of Chapter I of 46 CFR in their en on the nameplates of boilers, pressure are generally available to the public and tirety. In other words the. present rules vessels, and safety valves by a marine may be purchased or obtained from the and regulations in 46 CFR Parts 50 to 61, inspector and the existing wording in issuing authority, unless specifically in inclusive, will be replaced by the propos 46 CFR 51.01-60(b) is reworded to em dicated otherwise. Upon request and dur als in this agenda which are designated phasize that this Coast Guard symbol is ing normal office hours, copies of the 46 CFR Parts 50 to 63, inclusive. used by Coast Guard marine inspectors specifications, standards, and codes, in cluding any addenda or changes, refer 37. It is proposed to revised 46 CFR only. Part 50 in its entirety. The authority for 42. It is proposed to introduce a new red to in this subchapter may be ex regulations in 46 CFR 50.01-1 bring up- method of numbering boilers and pres amined at Coast Guard Headquarters. A to-date the citations and references to sure vessels to facilitate recognition by 46 set of these specifications, standards, and laws governing inspection of vessels. The CFR 50.10-30. The proposal provides the codes, including any addenda or changes, major change emphasizes that ocean number shall be assigned by the Officer in will be maintained at Coast Guard Head ographic vessels may not be considered Charge, Marine Inspection, who makes quarters so long as they are in effect, and as passenger or cargo vessels; however, the final tests and inspection. The num for a period of 10 years thereafter. ber consists of three capital letters iden 45. The specifications, standards, and oceanographic vessels may be still sub codes proposed to be included in the ref ject to these regulations by virtue of the tifying the local office, followed by a serial number, the first two numbers fol erenced materials, subject to conditions propulsion system or displacement of and limitations described in proposals, particular vessels and required to be in lowing the letters being the calendar year the number was assigned. include: spected and certificated by the Coast 43. The proposals in 46 CFR Subpart a. The “ASME Boiler and Pressure Guard. • .i; 50.15 adopts by reference various indus Vessel Code,” published by the American 38. The basis and purpose of these trial specifications, standards, and codes Society of Mechanical Engineers, United regulations, as described in 46 CFR Sub and to the extent described in the regu Engineering Center, 345 East 47th Street, part 50.01, have been expanded to de lations this adoption in effect makes such New York, N.Y. 10017. scribe the statutory authority to pre . referenced material have the same effect b. The “USASI Standards” of the scribe regulations which apply to specific as rules and regulations published in the United States of America Standards Categories of vessels described in the reg F ederal R egister. With respect to Institute, 10 East 40th Street, New York, ulations governing inspection and certifi changes, interpretations, and exceptions N.Y. 10016, which are published by the cation, and the assignment of functions to referenced material, the Coast Guard American Society of Mechanical Engi under the Department of Transporta normally will not consider such requests neers. tion. The scope of these regulations has until evidence'is submitted indicating c. The “MSS Standards” issued by the been expanded to identify that all ma that the issuing organization has issued Manufacturer’s Standardization Society, rine engineering details shall be as pro a ruling or has refused to consider the 420 Lexington Avenue, New York, N.Y. vided in these regulations unless specifi request. 10017. cally modified in another subchapter for 44. As permitted by section 3 of the d. The “ASTM Specifications” issued a particular type of vessel or where a Administrative Procedure Act (5 U.S.C. by the American Society for Testing and specific installation may be required or 552), new regulations have been proposed Materials, 1916 Race Street, Philadel permitted.- to incorporate by reference into the phia, Pa. 19103. 39. It is proposed to add 46 CFR Sub Marine Engineering Regulations, certain e. The “NFPA Standard No. 302,” part 50.05 describing the application of industry or Government specifications, issued by the National Fire Protection these regulations to the marine engineer standards, and codes, including addenda Association, 60 Batterymarch Street, ing details of installations contracted for and changes, which have been adopted Boston, Mass. 02110. or built on or after July 1, 1935. The and used by the Coast Guard in the per f. The “TEMA Standards” for Class present statements that these regula formance of its regulatory functions. If “C” and Class “R” heat exchangers tions are not retroactive in effect under adopted, these referenced specifications, issued by the Tubular Exchanger Manu normal conditions, unless specifically so standards, and codes will then have the facturers Association, Inc., 331 Madison provided at the time specific regulations same force as regulations published in Avenue, New York, N.Y. 10017. are amended or added, have been re the F ederal R egister and violations 46. It is also proposed to add the Coast tained. However, additional language thereof may be proceeded against the Guard’s policies and procedures with re was added to clarify application of reg violators as though such requirements spect to changes, interpretations, and ulations to alterations, repairs, or re were published in Coast Guard regula exceptions to referenced material which placement of existing boilers, unfired tions. Briefly, this acceptance encom have the force of Coast Guard regula pressure vessels, or piping systems. To passes the following: tions. Briefly, the policy is to have clarify certain requirements, 46 CFR a. Industry and Government specifi requests regarding changes, interpreta 50.05-15 describes briefly the application cations, standards, and codes, including tions, or exceptions presented to the of these regulations to vessels subject to any addenda or changes, when specifi issuing organization for resolutions; the regulations. In particular, it de cally identified in this subchapter, of the however, the right to provide specific scribes their effect on foreign vessels of issue in effect on the date plans are ap exceptions or to restrict or to limit the novel design or construction or whose proved or the date on which described use of a referenced specification, stand operation involves potentially unusual items are manufactured or built, are ard, or code, including any addenda or risks which require such vessels be sub adopted and shall form a part of the reg change, is expressly reserved. If such ject to certain requirements deemed nec ulations of this subchapter subject terthe exception or restrictive action has gen essary to safeguard life and property in conditions and reservations as set forth eral applicability, then it will be pub b.S. ports, as further described in ex in this subpart. lished as a rule or regulation under rule- isting regulations in other regulations, b. Unless specifically noted or stated making procedures governing emergency such as 46 CFR 2.01-13 in Subchapter A otherwise in the regulations in this sub situations. (Procedures Applicable to the Public). chapter, the current issue of the specifi 47. It is proposed to add as 46 CFR 40. The proposal in 46 CFR 50.05-20 cations, standards, and codes, including Subpart 50.20 the requirements govern regarding steam-propelled motorboats is any addenda or changes when described ing plan submittal and approval. These a restatement of existing 46 CFR 61.10-5, in the regulations in this subchapter, requirements are restatements of exist which is required by the motorboat act shall be used unless the Commandant ing provisions in other parts in the exist in 46 U.S.C. 526. In effect, this is merely gives special permission to use an issue of ing Marine Engineering Regulations. a transfer of requirements from one part an earlier date when circumstances war The procedures have been modified be to another. rant such actions. cause certain, marine inspection offices 41. For many years the Coast Guart c. Copies of the specifications, stand may not have the facilities for required stamp has been impressed on varioui ards, and codes, including any addenda plan review. In certain instances the FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13518 PROPOSED RULE MAKING proposals restate existing requirements it is not wished to permit a “blanket” riveted joints, circumferential joints, in 46 CFR 52.01-5, 52.01-20, 52.01-30, application for any practice which may and riveted fabrication. 52.01- 60, and 52.01-85. have special limitations. 57. The proposed 46 CFR Subpart 48. It is proposed to add as 46 CFR 53. Part 52 provides for the adoption 52.15 describes requirements for water- Subpart 50.25 general provisions regard of section I of the ASME Code. Pre tube boilers. The proposals include ing certification of materials manufac viously most of this material appeared modifications concerning superheaters tured by certain manufacturers. Many in Part 52 of the Regulations, however, fitted in conjunction with watertube of the basic requirements are restated welding was in Part 56, testing in Part boilers and tube connections, but in general terms so that application 61 and materials in Part 51. This made threaded boiler tubes are not permitted “across the board” may be accomplished. it extremely difficult to follow the re and are presently prohibited by 46 CFR In certain instances, the proposals re quirements for new construction. Dif 52.55-5(f)(2). flect the present practices followed by ferences which previously existed be 58. The proposed 46 CFR Subpart the Coast Guard, and have been previ tween Part 52 and section I concerning 52.20 describes requirements for firetube ously published in specific regulations in boiler water-tube wall thicknesses have boilers. The"proposals include modifica other parts in the Marine Engineering been eliminated; however, the prohibi tions concerning shell joints, combus Regulations. tion against tube threading has been tion chambers and furnaces, stayed sur 49. The proposal designated 46 CFR continued. Piping areas which are cov faces, domes, setting and fusible plugs. 50.20-35 regarding inspectors decisions ered in section I of the ASME Code have 59. The proposed 46 CFR Subpart is a restatement of existing 46 CFR been excluded and the requirements 52.25 describes the special requirements 52.01- 75. of Part 56 applied to provide for for other boiler types, and include fired 50. The proposals designated 46 CFR consistency. boilers of various sizes and uses, and or Subpart 50.25 deal with the certification 54. It is proposed to describe the ganic fluid vaporizer generators. of materials and listings of manufac §cope of the regulations in 46 CFR Part I tem PH 22-67—Heating Boilers turers. The certification requirements for 52 by stating these requirements apply specific products are listed, and the exist to main boilers, auxiliary heating 60. It is proposed to revise 46 CFR ing requirement for Class A plate in 46 boilers, or donkey boilers and high tem Part 53 regarding heating boilers to em CFR 51.01-15 is eliminated and in the perature water boilers, which may be phasize the important differences be future such plate will be certified by the constructed of riveted, welded, or seam tween the regulations and the provisions methods of the ASME Boiler arid Pres less materials. The proposals cover the of the adopted section IV, “Heating Boil sure Vessel Code. The proposals in 46 boilers, including appurtenances, fur ers,” in the ASME Boiler and Pressure CFR 50.25-5 regarding manufacturer’s naces, combustion chambers, flues, Vessel Code. The regulations describe the or mill certifications describe procedures valves, cocks, plugs, mountings, etc. The relationship between the Code and the and introduces the acceptance of certain general requirements proposed include regulations by specifically enumerating materials based on adequate marking. In such items as plan approval, automatic when the regulations modify the Code or many cases, such as welding applications, controls, definitions, miscellaneous types shall be followed in lieu of specific Code the exact chemical analysis or other of boilers, materials and workmanship, provisions. The ASME Heating Boiler properties of materials used may be requests for increase in pressure setting “Code Cases” sometimes contain “Cau necessary. Although Class A plate has of safety valves, materials, designs tionary Notes.” It is proposed to make been deleted, the wording of existing 46 (which modify paragraphs 16 through these notes mandatory for heating boil CFR 51.01-15 is retained. The proposals 31, and 100 of section I of ASME Code), ers subject to the regulations in 46 CFR also restate existing affidavit require openings and compensation (which Part 53. It is proposed to permit indi ments in 46 CFR 52.01-25 with addition modify paragraphs 32 through 55 of vidual justification to be submitted to al details for convenience of submitter, section I of ASME Code), piping, valves, the Commandant for the removal of a which include description of present and fittings (which replace paragraphs prohibition or requirement of a specific practices governing foreign manufac 58 and 59 of section I of ASME Code), note in a specific application, It is rec turers. water and pressure gages (which modify ognized that “Code Cases” are issued 51. I'he proposals designated 46 CFR paragraphs 60 and 63 through 65 of sec to give interpretations and to cover spe tion I of ASME Code), safety valves and cial situation^. However, it is not wished Subpart 50.30 describe requirements gov to permit a “blanket” application for erning fabrication inspections of boilers safety relief valves (which modify para graphs 67 through 72 of section I of any practice which may have special and various categories of pressure ASME Code), fabrication (which modify limitations. vessels. paragraphs 75 through 82 of section I of 61. Much of this information was pre I tem PH 21-67—P ower B oilers ASME Code), installations, inspections, viously presented in Part 53. The new 52. It is proposed to revise 46 CFR and tests (which modify paragraphs 90 Part 53 adopts section IV of the ASME Part 52 regarding power boilers, so that through 100 of section I of ASME Code), Code. A situation similar to that in the section I of the ASME (American Society and certification by stamping and data case of power boilers, in which require of Mechanical Engineers) Code, subject reports (which modify paragraphs 105 ments were spread out amongst several to the specific modifications or exceptions through 113 of section I of ASME Code). parts, has been corrected. The pressure and replacements described in these pro 55. The proposed 46 CFR Subpart coverage for hot water heating and sup posed regulations, is specifically adopted 52.05 describes requirements for boilers ply boilers has been broadened ever me as the governing standard for the design, fabricated by welding. The proposals in existing regulations. Steam boilers in this construction, and testing of main and clude modifications regarding the quali section continue to a maximum pressure auxiliary boilers which are subject to fication of welding procedures, which of 30 p.s.i.g. even though section IV of tne inspection by the Coast Guard. The reg must be as required by proposed 46 CFR ASME Code cuts off at 15 ps.i.g. ulations emphasize the important differ Part 57, general x welding designs, heat 62. It is proposed to describe the scop ences between the regulations and the treatment, radiographic examination, of the regulations in 46 CFR Part 53 Dy provisions of the ASME Boiler and Pres joint efficiency factors, minimum re stating these requirements aPP*y.. sure Vessel Code, section I for “Power quirements for attachment welds, welded steam heating boilers, hot water boi Boilers.” The ASME Power Boiler “Code in staybolts, welded fabrication, cir (which include hot water heating Cases” sometimes contain “Cautionary cumferential joints in pipes, tubes and hot water supply boilers), and to appu- Notes,” which are issued to give inter headers, joints in boiler appurtenances, tenances thereto. It should be noted pretations and to cover special situations. and inspection and tests of welded cast iron boilers are not acceptable It is proposed to permit individual justifi boilers. steam above 15 p.s.i., or for water ab cation to be submitted to the Comman 56. The proposed 46 CFR Subpart 30 dant for the removal of a prohibition or 52.10 describes requirements for boilers rhe proposed 46 CFR Subpart requirement of a specific note in a spe fabricated by riveting. The proposals in 53.C iescribes the special recrements cific application. It is recognized that clude modifications concerning minimum for ! relieving devices. The prov* “Code Cases” cover special situations and thickness of buttstraps, longitudinal FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13519 for steam boilers modify the general re the prohibition or requirement of a speci tions. Additionally, the proposals modify quirements in paragraphs 400 and 401 of fic note in a specific application. Since specific provisions in section VIII of the section IV of the ASME Heating Boiler section VIH of the ASME Code does not ASME Code with respect to marking Code by requiring each steam boiler to give full coverage to heat exchangers, miscellaneous pressure parts, loading, have one or more safety valves of the the TEMA Standards for Class C and and corrosion. spring-pop type, adjusted and sealed to Class R Heat Exchangers, issued by the 71. With respect to toughness tests the discharge at a pressure not to exceed 30 Tubular Exchanger Manufacturers Asso proposals in 46 CFR Subpart 54.05 re p.s.i.g., while the design and construc ciation, Inc., are adopted when the place those in paragraph 84 of section tion, discharge capacity and markings ASME Code does not give full coverage, VIII of the ASME Code. The proposals shall meet the specification requirements and such Standards shall be subject to include requirements for toughness tests in 46 CFR Subpart 162.012. the specific terms and conditions as set and acceptance of certified reports of 64. The proposed requirements for forth in the proposed regulations. the material manufacturer which may tests, inspections, and stamping in 46 68. Pressure vessels were previously be of test specimens representative of CFR Subpart 53.10 will modify the gen covered under Part 54. While the new the material in the finished vessel, de eral requirement in paragraph 515 of sec Part 54 adopts section VIH of the ASME scriptions of toughness test specimens, tion IV of the ASME Heating Boiler Code. Code, it continues the present method minimum toughness test temperatures, It is proposed to require a Coast Guard of classifying vessels as to service tem certification of material impact tests, and inspector to make a shop inspection and perature and pressure, and includes pro weldment toughness tests. witness the required pressure test on visions to class low temperature vessels. 72. The proposals designated 46 CFR boilers except those which are approved All requirements for the construction of 54.10 describe conditions governing in and stamped under section I of the ASME unfired pressure vessels now appear in spection, reports and stamping, which Code; and those boilers approved and this part instead of in. several places. modify various specified paragraphs in stamped under section TV of the ASME Requirements for the acceptance of cer section VIH of the ASME Code. These Code when made of wrought materials tain small unfired pressure vessels, which proposals include such things as a state with steam not exceeding 15 p.s.i.g. or previously required Coast Guard inspec ment that only Coast g u ard inspectors hot water below 100 p.s.i.g. or made of tion, have been changed to permit ac shall apply the Coast Guard symbol to cast iron with steam not exceeding 15 ceptance of vessels built to the ASME pressure vessels meeting all the require p.s.i.g. or hot water at 30 p.s.i.g. or below. Code. This will reduce overall fabrication ments; specific types of unfired pressure 65. With respect to stamping, it is pro costs on these vessels. vessels exempted are listed in the regula posed to specify in 46 CFR 53.10-10 that 69. In the proposals a new section cov tions and all others are subject to Coast paragraph 530 of section IV of the ASME ers regulations previously appearing in Guard inspection except the Officers in Heating Boiler Code will apply only Parts 38 and 40 of Subchapter D and 98 Charge, Marine Inspection, may accept where it is not in conflict with Coast of Subchapter I on the sizing of safety shop inspections by qualified ASME Code Guard requirements governing Coast valves for cargo tanks under fire condi inspectors on Class i n pressure vessels; Guard inspected boilers. When a boiler tions. This eliminates duplication, chance maximum allowable working pressures; is found acceptable by the Coast for error and places all similar material standard hydrostatic tests; pneumatic Guard inspector, based on his shop in one location. Existing requirements tests; marking—stamping; and manu inspection and the hydrostatic test, the covering test plates and radiography re main unchanged and differ from those facturer’s data report forms. boiler will be stamped with such data 73. The proposals in 46 CFR Subpart as (l) the manufacturer’s name and in section VIH of the ASME Code. 70. It is proposed to list in 46 CFR Sub 54.15 describe those conditions govern serial number; (2) the Coast Guard ing pressure-relief devices for unfired number; (3) the Coast Guard symbol; part 54.01 a breakdown of the require- ments^which apply to a given pressure pressure vessels. It is proposed that all (4) the maximum allowable working unfired pressure vessels, irrespective of pressure (steam or water as appro vessel or boiler. It is in table form and identifies the type of boiler or unfired size or pressure, shall be provided with priate) and m a x im u m temperature; and protective devices as set forth in section (5) the safety or safety-relief valve re pressure vessel, pressure, temperatures, and references to regulations governing VHI of the ASME Code or as required lieving capacity in pounds or B.t.u. per by the proposed regulations for specific hour. - ____ the mechanical design and the automatic control. The proposals modify the re types of vessels. The proposals include 66. It is proposed to require by 46 CFR general requirements for pressure-relief Subpart 53.15 that plans and calculations quirements governing steam generating unfired pressure vessels which are in devices, safety and relief valves, rupture for the design and construction of boilers disks, relief devices for unfired steam subject to these regulations be submitted section VIH, Unfired Pressure Vessels, of the ASME Code. The proposals provide boilers, evaporators, and heat exchang for approval by the Commandant. For ers, and minimum relief capacities for boilers regulated by these regulations, for exemptions from shop inspection and plan approval and these requirements cargo tanks containing compressed or which are approved and stamped under liquefied gas. section I of the ASME Code, and under replace those in section VIH of the ASME Code. With respect to initial plan ap 74. The proposed regulations for fab section IV of the ASME Code, it will not rication by welding are set forth in 46 be necessary to submit plans for proval, the proposals require manufac approval. turers intending to fabricate unfired CFR Subpart 54.20 and are requirements pressure vessels, heat exchangers, evap which modify specific paragraphs in sec Item PH 23-67—U nfired P ressure orators, and similar appurtenances to tion v m of the ASME Code. The pro Vessels be installed on vessels subject to Coast posals will require welding to meet the 67. 'Hie proposed regulations will setGuard inspection to submit detailed conditions"set forth in this part and the forth in 46 CFR Part 54 the require plans for certain specified subjects. It special requirements proposed for weld ments for unfired pressure vessels. The sllould be noted that such manufacturers ing in 46 CFR Part 57. Special limita Present regulations are revised so that who submit correspondence which refers tions are proposed for butt welded joints mtfired pressure vessels shall be designed, to Coast Guard approved plans after 5 with one plate edge offset, and attach constructed, and inspected in accordance years from the date of approval will have ment welds for nozzles and other con with Division 1, section VEH, Unfired to resubmit copies of the items referred nections. The proposals also include re Pressure Vessels, of the ASME Code, to and their covering correspondence. quirements about welding qualifications except where the proposed regulations Under certain conditions unfired pres and spot examination of welded joints. specifically modify or replace specifica sure vessels not in full compliance with 75. The proposals in 46 CFR Subpart tion requirements. The ASME Unfired the requirements are submitted for Coast 54.25 set forth requirements governing Pressure Vessel “Code Cases,” which may Guard acceptance; therefore, the pro the construction of unfired pressure ves contain “Cautionary Notes,” shall be posals provide a procedure whereby the sels made of carbon and low-alloy steels considered mandatory for unfired pres Officer in Charge, Marine Inspection, which are not presently permitted. These ore vessels covered by these regulations. may accept such unfired pressure vessels materials are needed for certain low- However, individual justifications may be when the vessels on which installed are pressure applications which are not in made to the Commandant for removing in certain specified trades or occupa cluded in the present regulations. The FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13520 PROPOSED RULE MAKING proposals specify the steels which may U.S. Coast Guard, Washington, D.C. 83. With respect to Class C vessels, it be used in Class i n pressure vessels. 20591, since the field Technical is proposed to modify Article 21 and Other requirements covered by the pro Branches (MMT) and the Officers in section N-2111 of the ASME Code to re posals include corrosion allowance, post Charge, Marine Inspection, are not gen quire that Class C unfired pressure ves weld heat treatment, low-temperature erally prepared to handle this work. In sels shall meet Class I Coast Guard operation requirements for ferritic steels, order to make it clear what plans are standards since they may contain radio and toughness test for high alloy steels. required for new construction, the reg activity. I t is also proposed to replace 76. The proposals in 46 CFR Subpart ulations clearly indicate that plans shall with specific requirements the provisions 54.30 contains requirements governing be submitted and approved setting forth in (1) section N-2113 for welded joints; mechanical stress relief. The regulations the following: (2) section N-2114 for pressure relief recognize that large pressure vessels may a. Pressure calculations for all pres devices; and (3) section N-2115 for often be difficult to thermally stress re sure containment parts, including a marking. lieve. Therefore, mechanical stress relief Stress Report required by paragraph may be permitted for Class II-L pressure I tem PH 25-67—P iping S ystems and N-142 of section HI of the ASME Code. Appurtenances vessels. The proposals include stress re b. Joint design and methods of attach lief requirements covering limitations, ments of all pressure containment parts. 84. It is proposed to revise and place methods, analysis, computations, and c. Foundations and supports, including in 46 CFR Part 56 the requirements for welding. a calculation of natural frequency of piping systems and appurtenances cur I tem PH 24-67—Nuclear Pressure rently set forth in 46 CFR Part 55. As pressure vessel in its mode of support, heretofore, the proposed requirements Vessels as well as its design and attachment. cover the various ships’ piping systems 77. The proposed regulations set forth d. A bill of material meeting the and appurtenances. These proposals in in 46 CFR Part 55 the requirements gov requirements of section IH of the ASME clude requirements for the necessary erning nuclear pressure vessels, which Code, except as modified by these regu pumps, valves, flanges, fittings, pressure were formerly in 46 CFR Subpart 57.30. lations. gages, liquid level indicators, thermom It is proposed to adopt section HI of the e. Calculations for fatigue, creep, com eters, etc., needed for the safe and effi ASME Code, with modifications and ex bined and thermal stresses as required cient operation of all vessels subject to ceptions only described in the regula to be made by section i n of the ASME inspection, except those vessels limited tions. The general requirements govern Code. to handling petroleum and associated ing merchant vessels utilizing nuclear f. A diagrammatic arrangement of the products in the offshore drilling opera energy for propulsion power will be assembled unit indicating location of tions where the design, materials, and placed in the respective inspection and internal and external parts. fabrication comply with the require certification regulations as set forth in g. Other drawings, calculations or ments of the American Petroleum In Item PH 31-67 in this agenda. reports as required by section IH of the stitute (API) for such piping systems. 78. These nuclear pressure vessels were ASME Code. 85. The proposals adopt the specifica not specifically covered under the pres 81. In the regulations it is proposed tion USAS B31.1.0 (1967 edition of ent regulations. All new marine nuclear to separate requirements for nuclear B31.1). Sections on refrigeration, steer powerplant pressure vessels are to be vessels into Classes A, B, and C. ing, hydraulics, and LPG cooking and built in accordance with this part. Sec 82. Class A vessels shall meet the re heating systems have been moved to tion HI (nuclear vessels) of the ASME quirements of Articles 1 through 9 of Part 58—Auxiliary Machinery. The new Code provides for higher allowable section m of the ASME Code except Part 56 covers the same basic shipboard stresses than is currently allowed for for proposed requirements regarding piping systems previously covered, with boilers and other pressure vessels but in (1 ) additional loading which modifies major changes in overboard discharge doing so requires greater detailed analy N-447; (2)' design specifications and systems due to the 1966 Loadline Con sis, additional nondestructive testing, stress report which modifies Articles vention. Sections on nonmetallic mate and increased quality assurance. N-141, N-142, and N-611.2(b); (3) weld rials, expansion joints, and thermal 79. By 46 CFR 55.01-1 it is proposed ing and fabrication procedure and per analysis have been expanded to provide that nuclear pressure vessels subject to formance qualification which replaces for new developments covering current inspection by the Coast Guard shall be Article N-522 and modifies Article accepted practices. New sections appear designed, constructed, and inspected in N-541, as well as provide special treat for nuclear and low temperature piping accordance with section HI of the ASME ment of weld procedures when quenched again specifying current accepted Code, except as indicated otherwise in and tempered steels are used; (4) mark practices. this part. The proposed regulations in ing which modifies Article 8 to provide this part will indicate if it modifies or re for a system which parallels present 86. This proposal should assist the places requirements in section H (nu practices and provide that affixing of the fabricators since the United States of clear vessels) of the ASME Code. The Coast Guard symbol shall mean a con America Standards Institute’s (USASI) “Code Cases” applicable to construction firmation that all applicable require Code for Pressure Piping, section 1 on under section i n of the Code sometimes ments have been met; (5) a submittal Power Piping, in the,Institute’s Standard contain “Cautionary Notes.” These of a data report which replaces Article B31.1, except as modified in this part, “Code Cases” are issued to give interpre N-842; (6) safety valves to comply with will be the standard. With respect to tations and to cover special situations. present Coast Guard specification re those areas of pressure piping for which The “Cautionary Notes” when issued are quirements in 46 CFR Subpart 162.001, no code sections exist in the 1967 edi mandatory for nuclear pressure vessels which modifies Articles N-911 and N-913 tion, the 1955 edition of USAS B31.1 will covered by these regulations. However, and provides that Article N-911-1 will be followed. individual justification may be made to not apply; and (7) relief valves shall 87. With respect to the plan approval, the Commandant for removing the pro comply with the proposed requirements the proposal in 46 CFR 56.01-10 revised hibition or requirement of a special note in 46 CFR Part 54 as set forth in this requirements in 46 CFR 55.01- 5(a) and in a specific application, as it is not de agenda under Item PH 23-67. 55.01-10 (b) and (c). The proposal re sired to permit, for “blanket” applica 82. With respect to Class B vessels, it arranged submission requirements and tion, any practice which may have spe is proposed tha$ such vessels will meet added internal combustion engine ex cial limitations. the requirements of Articles 11 through haust piping, high temperature hot water 80. By 46 CFR Subpart 55.05 the spe 16 of section i n of the ASME Code systems, and nuclear piping systems. cial procedures governing plan approval except that (1 ) welding procedures and 88. It is proposed to add 46 CFR Sub are described. The manufacturers in performance qualifications shall follow part 56.04 which will describe the re tending to fabricate nuclear pressure proposed requirements for Class A ves quirements governing seven classes oi vessels for installation on merchant ves sels; and (2) the marking, stamping, piping. The proposed piping classifica sels shall submit detail plans and calcu and reports shall meet proposed require tions are Classes I and H for normal lations, fully descriptive of the vessels, ments for Class A vessels, which modi service, Classes IL and HL fir low tem directly to the Commandant (MMT), fies Article N-1500. perature service and Classes IN, H**» FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13521 and tttn for nuclear service. It is pro valve to bear the manufacturer’s name 95. The proposals regarding expansion posed to specify in 46 CFR Subpart 56.04 or trademark and reference symbol to and flexibility are in a new subpart des the piping classification according to indicate the service conditions for which ignated 46 CFR Subpart 56.25. The various services normally encountered, the manufacturer guarantees the valve, adopted standards are in USAS B31.1, which will specify the class of piping which are those required by MSS-SP-25. Chapter H, Design, Part 5, and sections which may be used, and the limitations When in accordance with applicable 119,120, and 121 shall apply with certain (if any) by pressure in pounds per square standards in 107.1(a) and the exceptions specific exceptions described in the pro inch gage and temperature. With respect specified in this proposal, it is permissible posals for bellows expansion joints and to piping for services not specifically that valves may be used with flanged, swivel or ball joints, main junction points enumerated, it is proposed to only re threaded, butt welding, socket welding, of piping subject to temperatures in ex quire that materials shall be acceptable or other types of ends. The proposals de cess of 450° F., and a summary of the to the Coast Guard inspector and shall scribe the valve construction require results of pipe stress calculations. meet normal commercial standards for ments which contain most of the mate 96. The design requirements pertain the service intended. For nuclear piping rials previously appearing in 46 CFR ing to specific piping systems are pro systems, it is proposed to require that 55.07-10. It is proposed to add require posed to be in a new subpart designated all plans be submitted for review and ments governing valves employing resil 46 CFR Subpart 56.50. The USAS B31.1, approval by the Commandant. It is pro ient material, which are divided into Chapter II, Design, Part 6, should be re posed that Classes IN and IIN nuclear Category A and Category B. Category A ferred to but it shall not apply except in piping shall be in general accordance valves are those employing resilient ma case of instrument piping. The proposals with the philosophy and principles of terial that would continue to provide revise the requirements currently in 46 Classes A and C nuclear pressure vessels, effective closure of the line if the resilient CFR 55.07-25, 55.07-8, 55.10-1, 55.10-5, respectively, as described in the pro material were damaged or destroyed, 55.10- 10, 55.10-13, 55.10-15, 55.10-25, posed 46 CFR Part 55, Item PH 24-67, while Category B valves are those using 55.10- 35, 55.10-40, 55.10-45, 55.10-50, and it is also proposed to require that resilient material that would not provide 55.10- 55, 55.10-65, and 55.10-70. The USASI Nuclear Piping Code Cases shall effective closure of the line if the resilient proposals describe installation require be followed. material were damaged or destroyed. ments applicable to all systems, as well 89. It is proposed to add a 46 CFR With respect to valve bypasses, it is pro as specific requirements for various spe Subpart 56.07 regarding design of piping posed to follow as the minimum standard cific types and special equipment when systems. The proposed changes regarding the sizes in MSS-SP-45, and other re required. These proposals include systems definitions will modify those in the USAS quirements which are similar to 107.6 in conveying oil, steam and exhaust piping, B31.1 with respect to piping, nominal USAS B31.1, except that bypasses may pressure relief piping, safety and relief diameter, schedule, and fittings. It is be integral or attached. valve escape piping, boiler feed piping, also proposed to recognize “nonstand 93. It is proposed to add a new subpart blowoff piping, bilge and ballast piping, ard” fittings as a component of a piping designated 46 CFR Subpart 56.25 which fuel oil and cargo oil systems, fuel oil system which is not fabricated under the will contain the requirements for pipe service systems, gasoline fuel systems, approved industry, ASTM, or-USA stand flanges, blanks, flange facings, gaskets, diesel fuel systems, lubricating oil sys ards for pipe, tubing, flanges, valves, pipe and bolting. It is proposed to have the tems, fluid power and control systems, joining fittings, fluid container fittings, flanges conform to the design require tank vent piping, instrument control and or special purpose fittings. With respect ments of the applicable standards as sampling piping, and low temperature to design conditions and criteria, it is described in the proposals or section piping. In addition, these proposals in proposed- to add requirements which UA-47 of section VHI of the ASME Code. clude special gaging requirements, and modify various provisions of USAS B31.1, The proposals regarding flanges are standards for condensate pumps, circu Chapter n , regarding maximum allow based on material previously set forth in lating pumps, bilge pumps, sounding de able working pressure, relief valves, dy 46 CFR 54.03-25. It is proposed to require vices, overboard discharges, and shell namic effects, pressure temperature rat that blanks shall conform to the design connections. ings, pressure design, and intersections. requirements of USAS B31.1, paragraph 97. The general requirements for ma 90. The proposed 46 CFR Subpart 56.10 104.5.3. The proposed requirements for terials in piping systems are proposed to covers the selection and limitations of flange facings are similar to those in be in a separate subpart designated 46 piping components, and states these reg 108.3 in USAS B31.1. With respect to gas CFR Subpart 56.60. These proposals wiH ulations shall be followed in lieu of sec kets, it is prSposed to adopt 108.4 in replace section 123 of USAS B31.1; how tions 105 through 108, Part 3, Chapter USAS B31.1. The proposed bolting re ever, reference should be made to Chap n, of USAS B31.1, and will require all quirements are similar to 108.5 in USAS ter III, Materials, in B31.1 which may Pipe, tubing, pipe joining fittings, and B31.1. assist in applying these requirements. It piping system components to meet mate 94. It is proposed to establish require is proposed to specify the various ac rial and standards proposed in' 46 CFR ments regarding the selection and limi ceptable specifications for materials for Subpart 56.60, as well as certification tation of piping joints as 46 CFR Subpart particular systems so that fabricators standards. With respect to piping, spe 56.30. It is proposed to adopt USAS B31.1, may select desired materials. These lists cial limitations are proposed as 46 CFR Chapter II, Design Part 4, except sections are based on the piping, tubing and fit 56.10-5, which are similar to present 11 1 through 118 which shall not be ap ting specifications described in Table limitations. plicable to marine service. The proposals 126.1 in Chapter IV of USAS B31.1, to 91. It is proposed to revise require provide that the type of piping joint used gether with additional pipe and tube ments covering fittings, bends And in shall be suitable for the design conditions specifications deemed satisfactory. It is tersections by 46 CFR Subpart 56.15. The and shall be selected with consideration also proposed to permit materials se proposed requirements regarding fittings of joint tightness, mechanical strength lected from specifications listed in sec are similar to 106.1 (a), (b) of USAS and the nature of the fluid handled. The tion I, m , or v m of the ASME Code if "31.1 and contains material from present proposals regarding welded joints are not prohibited specifically be the pro ofPR.5507-10(c) and 56.01-85. similar to 111 in USAS B31.1, but certain posed regulations dealing with that par j£w”'vWitti respect to valves, it is pro variations as defined in the proposed reg ticular section of the Code. This pro posed to add a subpart designated 46 ulations are deemed necessary. The pro posed listing will replace existing Table SubPart 56.20 which is similar to posals revise the existing requirements 55.07-15(el) currently in 46 CFR 55.07- 07.1(a) of USAS B31.1, to permit valves in 46 CFR 55.07-15 for flanged joints. The 15, as well as requirements currently set omplying with the standards and speci- proposals also specifically include re forth in 46 CFR Part 51, §§ 52.05-10, ucations listed in proposed 46 CFR 56.60- quirements governing expanded or rolled 54.03-10, and 55.07-1. The proposals re to be used within the specified pressure joints, screwed joints, flared, flareless, vise requirements governing limitations temperature ratings, while valves not and compression joints, caulked joints, on materials. In lieu of listing allowable complying with these requirements will brazed joints, sleeve coupled and Other stresses, the proposals direct the user to . Required to be specifically approved proprietary joints, and installation re the publication in which the stress listing t1® Commandant for the service in- quirements for flexible pipe couplings of appears, which has been designated by nded. it is proposed to require each the compression or slip-on type. the heading “Location of Stress.” In the FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13522 PROPOSED RULE MAKING proposals special attention is directed to The proposals specifically include bolting ing are to be deleted as they are in the certain specifications for materials not procedures, and threaded piping require ASME Code. listed in the ASME Code, and supple ments. 107. The proposals in 46 CFR Part 57 mentary testing requirements and service 103. The proposals designated 46 CFR by reference will provide for the ASME limitations are set forth. The proposals Subpart 56.95 describe the inspections of Code to govern welders and welding by also contain special requirements or piping installations and modifies section specific regulations, as well as indicate limitations when using materials such as 136 in USAS B31.1, while recommending which portions of the ASME Code do steel, cast iron and malleable iron, referral to Chapter VI for additional de not apply. Section IX of the ASME Code nodular iron, nonferrous materials, and tails. The regulations state that inspec will govern welders and welding proc nonmetallic materials, as well as to tions are the responsibility of the owner. esses which require qualification. The specify procedures for impact shock test These inspections may be performed by ASME “Code Cases” applicable to weld of hydraulic cast iron and cast aluminum the owner’s employees or independent ing or brazing, which may contain products, and installation requirements inspectors. The proposals specifically “Cautionary Notes” shall be considered for nonmetallic flexible hose. provide that Coast Guard inspectors mandatory for welding and brazing cov 98. The special requirements for weld- 1 shall have access to any place where work ered by these regulations. However, in ing in piping systems are proposed as a concerned with the piping is being per dividual justifications rtiay be made to new subpart designated 46 CFR Subpart formed. This includes manufacture, fab the Commandant for removing the pro 56.70. The proposals recommend re rication, assembly, erection, And testing hibition or requirement of a specific note ferral to section 127, Chapter V, of USAS of the piping or system components. Ad in a specific application. B31.1 for further details. The proposals ditionally, inspectors shall have access to 108. With respect to qualifications of in part modify certain specification re review all certifications or records per welders, within the limits of the qualifi quirements, and essentially apply to the taining to inspection requirements in cation tests passed, the Officer in Charge, welding of ferrous materials. The weld paragraph 136.1 of USAS B31.1, which Marine Inspection, may accept welders ing of aluminum, copper, etc., requires includes certified qualifications of weld who have been qualified by other agencies different preparations and procedures ers, welding operators, and welding pro of the Federal Government, by the Amer and will require prior approval from the cedures. The proposals also describe the ican Bureau of Shipping, or by the Commandant when not covered by spe type and text of examination required fabricator when the fabricator’s tests cific regulations. In the proposals are of piping system and modify paragraphs have been witnessed and certified to by special requirements with respect to ma 136.4 and 136.5 of USAS B31.1. A descrip an inspector of the National Board of terials, preparation, procedures, correct tion of the mandatory minimum destruc Boiler and Pressure 'Vessel Inspectors. ing defects, and qualification of the tive tests for welds is also included. This proposal will allow acceptance of welding procedures to be used and of the 104. It is proposed to add require qualifications issued by other Federal performance of welders and welding ments regarding pressure tests as 46 agencies and the inspectors of the Na operators. CFR Subpart 56.97, which modify section tional Board of Boiler and Pressure 99. The proposals include special re 137 of USAS B31.1. The proposals will Vessel Inspectors. This is believed to be quirements for brazing as a new subpart make it mandatory that the design, fab a desirable extension of present prac designated 46 CFR Subpart 56.75, which rication, and erection of piping, con tices because of the volume and type of modifies section 128 of USAS B31.1. structed under these proposed regula work how being done in a number of These proposals regarding brazing con tions, shall by demonstration show a leak shipyards. cern filler metal, joint clearance, heating, tightness. This proposed requirement brazing qualification, detail requirements 109. The proposed 46 CFR 57.02-3 de shall be met by a hydrostatic leak test scribes the fabricator’s responsibility. It about pipe fabrication, and pipe joining prior to initial operation, and where such details. is proposed to state in the regulations a test is not practicable, then a pneu that each manufacturer or contractor is 100. In 46 CFR Subpart 56.80 are the matic test, vacuum test or an initial serv proposals governing bending and form responsible for the welding done by his ice leak test may be substituted if/ organization and he shall conduct the ing pipe. These proposals modify section approved by the Commandant. The pro 129 of USAS B31.1 by describing limita required tests governing welders and posals also cover pressure testing of welding procedures. It is proposed to tions and requiring the piping to meet the nonstandard piping system components, design requirements of paragraphs change the present regulations so the test media, test preparation, test pres wording will fit in the ASME Code con 102.4.5 and 104.2.1 of USAS B31.1. Under sure, and installation tests. specified conditions tests are required. cept. The manufacturer shall bear the The proposals accept the requirements I tem PH 26-67—W elding and B razing costs of conducting tests. The liianu- regarding forming in paragraph 129.2 of Q ualifications facturer will also maintain a record of USAS B31.1. With respect to heat treat the tests results obtained in welding 105. The welding and brazing provi procedure and welder performance quali ment of bends and formed components, sions have been revised so that the pro the proposals modify paragraph 129.3 of fications. When requested, duplicate rec posed 46 CFR Part 57 will apply to (1) ords shall be furnished to the Coast USAS B31.1, by requiring for ferritic qualification of welding procedures, (2) alloy steel piping stress relieving as welders and brazers, and (3) workman Guard. specified by the design specification be ship tests for all types of manual and 110. It is proposed in 46 CFR 57.02-4 fore welding, and by requiring all scale machine arc and gas welding and brazing to accept those arc welding electrodes to be removed prior to installation. processes. However, the operators of which have been tested and are listed 101. The proposals regarding heat fully automatic welding and brazing by the American Bureau of Shipping as treatment of welds are designated 46 machines are specifically exempt from meeting their requirements when welded CFR Subpart 56.85 and modify section performance qualification tests. The list fabrication is required to meet the pro- 131 of USAS B31.1. The requirements in ing of equipment to which this part will visions of 46 CFR Part 57. clude heating and cooling method, and apply has been omitted to avoid the in 111. The proposed welding procedure postheat treatment which include ference that items not specifically listed qualifications in 46 CFR Subpart 57.03 changes to be consistent with past were intended to be omitted. provide that such qualifications may be practices. 106. Part 57 adopts section IX of the approved by the Officer in Charge, Ma_ 102. The proposals regarding the as ASME Code. Welding requirements ap rine Inspection, based on certain require sembly of the various piping components, peared previously in 46 CFR Part 56. ments as listed in the ASME Code and the whether done in a shop or as a field erec Workmanship test plate requirements regulations. It is proposed to add re tion, shall be governed by the require and toughness assurance tests appear in quirements for low temperature applica ments in 46 CFR Subpart 56.90, which this part and are unchanged from the tions to 46 CFR 57.03-1, which are the modify section 135 of USAS B31.1. The current requirements. These regulations present" practices described in Naviga proposals will require that the piping and procedures represent an area of dif tion and Vessel Inspection Circular no. conform with the requirements in these ferences from the referenced codes. The regulations and with the specified re requirements in 46 CFR Part 56 on 112. The proposed procedure qualifi quirements of the engineering design. design, nondestructive testing, and braz cation range in 46 CFR 57.04-1 describes FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13523 the type and number of specimens that quirements that all vessels shall have containing petroleum products. The must be tested to qualify an automatic, sufficient power for going astern to se proposals also include construction re semiautomatic, or manual procedure cure proper control under all normal cir quirements for tanks containing gaso specification and is in accordance with cumstances. line or diesel fuel, prohibit the use of ASME Code. , 119. The proposals governing internal soldered joints, and prohibit the use of 113. With respect to the performance combustion engine installations in 46 portable fuel tanks, but this proposal is qualifications, it is proposed in 46 CFR CFR Subpart 58.10 revise the current re not meant to restrict the use of portable, Subpart 57.05 to supplement various quirements in 46 CFR 57.10-5 in order to power-driven equipment with self-con paragraphs in section IX of the ASME be consistent with requirements govern tained fuel systems. The proposals also Code dealing with (1) transfer of welder ing small passenger vessels. The proposals provide for the use of alternative mate qualifications; (2) renewal and requali include gasoline engine installations, rials, such as fiberglass, fiberglass cov fication criteria; (3) limited space quali diesel engine installations, and gas tur ered plywood, aluminum, stainless steel, fications; (4) when qualifications tests bine installations. etc., in the construction of independent of welders may be omitted; and (5) 120. The proposals designated 46 CFR fuel tanks, but will require certain special special welder qualifications for low Subpart 58.16 are requirements govern tests to be conducted. temperature application. In certain in ing liquified petroleum gases for cook I tem PH 28-67—R epairs to Boilers, stances the proposals reduce current re ing and heating are described, and are U nfired P ressure Vessels and Appur quirements in 46 CFR Part 56, or add very similar to the current regulations tenances requirements which are descriptive of in 46 CFR Subpart 55.16. The proposals present practices. In a number of in include required approvals; valves and 124. These proposals are designated 46 stances the wording is changed for safety relief devices; reducing regulators, CFR Part 59. The proposed regulations clarification. piping and fittings; installation; tests; will apply to the repairs of all boilers, 114. The proposed workmanship tests ventilation of compartments, odoriza- appurtenances and unfired pressure ves are in 46 CFR Subpart 57.06. It is pro tion; operating instructions; and mark sels subject to inspection by the Coast posed that test plates be provided for ings. Guard. In general present practices are Classes I, IL, II, and IIL pressure vessels. 120a. In 46 CFR Subpart 58.20 the re continued which provide that no repairs, Power boilers and nuclear vessels will be vised requirements governing refrigera replacements, or alterations (except subject to the test plate requirements for tion machinery are described. The pro emergency repairs) shall be made to boil Class I pressure vessels. The proposals posals apply to fixed refrigeration sys ers, unfired pressure vessels, their mount will not require test plates for pressure tems for air conditioning, refrigerated ings or internal fittings, safety valves, vessels constructed of P-1 materials with spaces, cargo spaces, and reliquefaction piping systems, or pressure appliances certain specified exceptions. The pro of low temperature cargo. These require without prior approval by the Officer in posals also describe when and how the ments do not apply to small self-con Charge, Marine Inspection. For emer test plates shall be prepared and other tained units. The current requirements gency repairs, replacements, or altera conditions which must be met. are in 46 CFR Subparts 55.13 and 57.20. tions, it is required that such work be 121. In 46 CFR Subpart 58.25 the re reported as soon as practicable to the Item PH 27-67—Main and Auxiliary Officer in Charge, Marine Inspection, at Machinery quirements regarding steering apparatus are described and are similar to the cur or nearest the first port where the ves 115. The proposed regulations set rent requirements in 46 CFR Subpart sel may call after such work is done. forth in 46 CFR Part 58 are the require 57.25. The proposals deal with existing ¡For specified types of repairs, replace ments governing the design and con installations and replacements on ex ments and alterations, plan approval be struction of main and auxiliary machin isting vessels, as well as installations fore performing such work is required. ery installed in vessels subject to inspec on new vessels. The proposals include It is proposed that the regulations will tion by the Coast Guard. As in the past, requirements governing rudder move state that repairs, replacements, or al the applicable standards established by ments, plan approval^ power-driven terations to machinery or items not cov the American Bureau of Shipping, or steering gear, auxiliary means of steer ered by regulations, then such work shall other recognized classification society, ing, steadying the rudder, rudder stops, be made in a manner consistent with the may be used as the standard for the de buffers, pilot house steering gear control regulations governing the construction sign, construction, and testing of main systems, arrangement of steering wheels, standards for the item in question. Also, and auxiliary machinery, except as modi special steering apparatus, and steering it is proposed to require that the manu fied by these regulations. * gear piping. facturers’ instruction books, manuals, 116. Part 58 contains the require 122. The proposals in a new subpart etc., shall be used for guidance, as well ments regarding main and auxiliary ma designated 46 CFR Subpart 58.30 pro as the Mechanical Injury Section, para chinery, which are partially relocated vide requirements governing fluid power graphs C4.401 through C4.427 of sec from present regulations for the con and control systems. They replace the tion VII of the American Society of Me venience of the user. These current re current regulations in 46 CFR Subpart chanical Engineers’ (ASME) Code. quirements are in 46 CFR Parts 57 and 55.17 for hydraulic systems. The pro 125. New Part 59 contains material 59, and §§ 61.05-20, 61.05-25, 61.15-10, posals expand the requirements from previously in Part 58, It is unchanged ex 55.16-1 to 55.16-35," inclusive, 55.13-1 to “hydraulic” to “fluid power” to cover hy cept that repairs pertinent to new con 55.13—15, inclusive, and 55.17-1 to 55.17- draulic and pneumatic systems," as well struction have been deleted and are now 40, inclusive. This includes refrigeration as hydropneumatic components. These covered in the ASME Code as adopted. systems, liquefied gas systems for cook- proposals include new requirements since Present Part 59 has been relocated with mg or heating and hydraulic systems. the current regulations do not specifi the new Part 58. 117. The proposals in 46 CFR Subpart cally cover pneumatic systems. The pro 126. It is proposed to continue as 46 58.01, include current requirements for posals set forth the requirements gov CFR Subpart 59.10 (formerly Subpart fuel for internal combustion engines on erning application, design, hydraulic 58.05) revised requirements governing Passenger vessels, fuel oil for boilers, ma fluid, tubing and piping, fluid power hose welding repairs to boilers and unfired chinery guards, means for stopping ma and fittings, accumulators, fluid power pressure vessels in service. The welding chinery, and correction of deficiencies cylinders, testing, and plans. used in repairs must meet the require observed on the trial trip of a new vessel. 123. In 46 CFR Subpart 58.50 the pro ments for welding in the proposed 46 118. By 46 CFR Subpart 58.05 the pro posals governing independent internal CFR Part 57. No welding repairs may be posed requirements governing main pro combustion engine fuel tanks are de used (except temporary emergency re pulsion machinery are described. The scribed and are an adaptation of current pairs) without prior approval of the Of Proposals describe procedures and re requirements in 46 CFR Part 59. The pro ficer in Charge, Marine Inspection. The quirements when a Coast Guard review posals contain the general requirements, welding repairs covered by these proposed oi an installation is made and no review which include a limitation on the flash regulations apply only to boilers and un performed by a classification society. point of fuel carried, and outage of 2 fired pressure vessels fabricated of car ne proposals continue in effect the re- percent shall be provided on all fuel tanks bon steel. Welding repairs-to boilers and FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 No. 187—p t. i ------7 13524 PROPOSED RULE MAKING unfired pressure vessels fabricated of to periodic inspections. The proposals in 63 set forth the requirements believed alloy steel or other materials are subject 46 CFR 61.10-5 describe the periodic necessary to provide guidelines for all to special requirements on an individual inspection requirements deemed neces automatic auxiliary heating equipment, basis because such methods of repair sary to determine that all unfired pres which should be helpful to manufac shall be referred to the Commandant and sure vessels are satisfactory and may be turers. The requirements are divided into may be authorized by him if in his f continued in use. three independent subparts for conven opinion it meets the intent of the pro 133. With respect to piping systems, ience and clarity. posed regulations. The proposed regu it is proposed that the periodic tests and 139. In 46 CFR Subpart 63.05 it is pro lations cover such things as repairs of inspections be conducted to accomplish posed to describe the requirements gov cracks, corroded surfaces, rivets and the proposals as set forth in 46 CFR erning large automatic auxiliary heating staybolts, stayed areas, and seal welding Subpart 61.15. While many present re equipment. This covers requirements for of leaks in joints or connections, as well quirements are continued, the proposals oil fired units with a fuel rate greater as requirements governing patches in bring together requirements for hydro than 3 gallons of fuel per hour (approxi shell and tube sheets and renewal or .re static tests on piping, steam piping, mately 400,000 B.t.u. per hour). In 46 pair of wrapper plates and back heads. liquefied flammable gas piping for heat CFR Subpart 63.10 it is proposed to de 127. With respect to miscellaneous ing and cooking, and provide that all scribe the requirements governing small boiler repairs, 46 CFR Subpart 59.15 is other piping systems shall be examined automatic auxiliary heating equipment. proposed to continue present require under working conditions. This covers requirements for oil fired ments in 46 CFR Subpart 58.15. The pro 134. -The various types of periodicunits with a fuel rate of 3 gallons of fuel posals deal with furnace repairs, stayed tests of machinery and equipment are hour (approximately 400,000 B.t.u. per furnaces, and combustion chambers, and to be covered in the proposed 46 CFR hour) and below. In 46 CFR Subpart bagged or blistered shell plates. Subpart 61.20. The specific items include 63.15 it is proposed to describe require 128. With respect to welding repairs to steering gear, main and auxiliary ma ments for electric storage tank water castings, it is proposed to have 46 CFR chinery and associated equipment in heaters. This covers requirements for Subpart 59.20 continue present require cluding fluid control systems, and tail units that heat water by means of elec ments in 46 CFR Subpart 58.20. Defects shafts, as well as specific requirements tric heating elements rated at not more in-carbon-steel or alloy-steel castings when any vessel is drydocked which than 600 volts with storage tanks (pres may continue to be repaired by welding. includes examination of the propeller, sure vessels) which are not open to the These repairs shall be performed in ac stem bushing, sea connections and atmosphere. cordance with the material specification fastenings, sea chests, sea valves, sea 140. In 46 CFR Subpart 63.05, regard for the casting. strainers, and bilge injection valves. ing requirement for large automatic aux I tem PH 29-67—P eriodic T ests and 135. The proposed requirements gov iliary heating equipment, the proposals I nspections erning the periodic tests and inspections deal with such items as plan approval, of nuclear reactor powerplants are to description of industrial standards and 129. It is proposed to place the require be included in 46 CFR Subpart 61.25. The specifications which are adopted by in ments governing periodic tests and in proposals describe the standard to be corporation by reference as permitted by spections in 46 CFR Part 61. These tests applied, special preparations required, section 3 of the Administrative Proce and inspections are made to insure that and the guide for the annual inspection dure Act^ (5 U.S.C. 552), construction, the main and auxiliary machinery, procedures. As the use of nuclear power- controls, programming control system, boilers, and their appurtenances, and plants is limited at present, the regula operating control system, flame safe equipment are in a satisfactory operating tions do not describe these procedures guard control system, lhhit control sys condition and may be continued in use but they may be obtained upon request tem, combustion control system, fuel in the service for which they are from the Commandant, and are entitled supply control system, ignition system, intended. “Tentative Annual Inspection Require detail requirements for operating water 130. These requirements were pre ments for Pressurized Water Reactors level controls and low-water cut-off con viously in 46 CFR Part 61 but the scope Installed in U.S. Merchant Vessels.” trols, fuel pumps, strainers, fuel oil, of the new part was changed. The re I tem PH 30-67—A utomatic A uxiliary alarms, wiring of electrical components, quirements for new construction were de inspection and tests, and instruction leted. These requirements for new con H eating E quipment booklets. struction now appear in Parts 52 through 136. It is proposed to place in 4fi CFR 141. In 46 CFR Subpart 63.10, regard 58. Regulations for periodic inspections, Part 63 the requirements governing auto ing small automatic auxiliary heating which appeared previously in other parts, matic auxiliary heating equipment. While equipment, the proposals deal with such have been relocated in 46 CFR Part 61 for this includes steam boilers, water heaters, items as plan approval, description of the convenience of the ship operator fluid heaters, and electric storage tank industrial standards and specifications and the inspector. water heaters, it is intended that the pro whicli are adopted by incorporation by 131. It is proposed to add revised posals will cover any automatic heating reference as permitted by section 3 of requirements covering the tests and equipment intended for use on merchant the Administrative Procedure Act (5 inspection of boilers as 46 CFR Subpart vessels. U.S.C. 552), construction, controls, op 61.05. By “boilers” it is meant to include 137. Part 63 contains requirements erating control system, flame safeguard power and heating boilers, and thermal previously appearing in the specification control system, ignition system, detail fluid heaters. The proposals include re designated 46 CFR Subpart 162.026, requirements for operating water level quirements for the preparation of boilers automatically controlled packaged boil controls and low-water cut-off controls, prior to inspection and test, boilers in ers. Coverage has been expanded to pro fuel oil, alarms, wiring of electrical com service, hydrostatic tests, gaging or non vide realistic requirements for both large ponents and inspection and tests. destructive tests, recalculations, and and small auxiliary steam boilers, water 142. In 46 CFR Subpart 63.15, regard working pressure allowed. The present heaters, and thermal fluid heaters. The ing electric storage tank water heaters, requirements regarding boiler mountings listing“ of automatically controlled pack the proposals deal with jsuch items as and attachments in 46 CFR 61.20-20 are aged boilers in Equipment Lists, CG-190, plan approval, construction, heating ele revised and designated 46 CFR 61.05-15. will be eliminated. ments, temperature regulating controls, The testing and resealing of safety 138. The requirements in 46 CFR Part temperature limiting controls, pressure valves will be required by 46 CFR 16“.026, entitled “Boilers, Auxiliary, relief devices, unspecified details, and 61.05-20. Automatically Controlled, Packaged, for tests and approval. 132. With respect to the tests and Merchant Vessels” in the Subchap inspections of pressure vessels, it is pro ter Q—Specifications, are to be canceled. I tem PH 31-67— M iscellaneous Changes posed to designate revised requirements These requirements were followed in in Other R egulations as 46 CFR Subpart 61.10. The proposals granting specific approvals for other 143. The proposed revision of the continue present requirements that all types of auxiliary heating equipment. “Marine Engineering Regulations and pressure vessels aboard ships are subject Therefore, the propos Is in 46 CFR Part Material Specifications” (CO-115), and FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13525 the proposed adoption of certain na CPR Parts 50 to 63, inclusive (Subchap construction, certification, etc. should be tionally accepted industrial codes, stand ter F—Marine Engineering). For boilers in the same subchapter; and (3) the de ards, and specifications, or portions and other pressure vessels contracted for sirability of having inspection and cer thereof, by incorporation by reference as prior to July 1, 1935, the factor of safety tification for all vessels engaged in the permitted by section 3 of the Adminis based on the ultimate tensile strength same activity, regardless of method of trative Procedure Act (5 UJ3.C. 552), of the material used was six, and in the propulsion, to be in one subchapter. will require certain changes in other proposed revision of the marine engi 151. It is proposed to amend 46 CFR rules and regulations governing merchant neering requirements it will be reduced 97.15-55, regarding requirements for fuel vessel inspection and certification by the to four. It is believed, however, that for oil, so that it will agree with the pro Coast Guard which refer to or comple repairs under the proposed fabrication posed Marine Engineering Regulations. ment the “Marine Engineering Regula methods to be allowed under the revision 152. Various editorial amendments are tions.” Additionally, certain changes are adopting the American Society of Me proposed to 46 CFR Part 98 regarding proposed because of this change in con chanical Engineers’ (ASME) Code, the special construction, arrangement and cept, while certain modifications are de fabrication methods, steel production provisions for certain dangerous cargoes sired because of changes in procedures and nondestructive testing improved and in bulk, so that this part will be compati and practices. will provide a better boiler than one ble with the proposed Marine Engineer 144. It is proposed to amend 46 CPR built to the requirements in 46 CFR ing Regulations. It is proposed to amend 2.20-40 (c) regarding the chief engineer’s Parts 66 to 69, inclusive, presently gov 46 CFR 98.05-5, 98.05-50, 98.10-15, 98.15- report of the renewal of fusible plugs in erning installations contracted for prior 15, 98.20-10, 98.20-15, 98.20-40, 98.20-45, boilers to the Officer in Charge, Marine to July 1, 1935. The replacement of 98.20-65, 98.25-10, 98.25-15, 98.25-40, wasted pressure parts, such as steel plate, 98.25-55, 98.25-60, and 98.30-1. Inspection, who issued the certification with modem material of a thickness of inspection. The proposal lists the in equivalent to the remaining original ma 153. In the Electrical Engineering formation needed to be included in the terial, should provide a repair which will Regulations it is proposed to amend 46 letter. It is proposed to amend 46 CPR probably be stronger than the original CFR 111.50-5 (e), regarding remote shut 2.75-20 (b), regarding affidavits or cer unrepaired material. For these reasons down requirements, in order that these tifications governing materials or appli it is believed that the regulations desig regulations "will conform with the pro ances, to refer to the Marine Engineering nated 46 CFR 66.01-1 to 66.35-25, inclu posed Marine Engineering Regulations. Regulations. It is proposed to amend 46 sive, 67.01-1 to 67.50-30, inclusive, 154. It is proposed to revise the speci CPR 2.75-70, regarding qualification of 68.01- 1 to 68.05-40, inclusive, and 69.01-1 fications for safety valves for power weld procedures and welders, to conform to 69.10-1, inclusive, should be canceled. boilers designated 46 CFR Subpart 162.- with revised requirements arid to make By this cancellation of requireinents gov 001, by amending 46 CFR 162.001-3 to specific references to requirements and erning installations contracted for prior 162.001-9, inclusive. These changes are procedures. to July 1, 1935, it is not intended to necessary in order to have this specifica 145. With respect to utilization of nurequire the replacement of any such in tion conform with the proposed Marine clear energy for propulsion purposes, it stallations currently in use until after Engineering Regulations. is proposed to revise the tank vessel reg it is determined that such installations 155. With respect to the specification ulations by inserting a new part desig are no longer satisfactory for the service for safety valves on steam heating boilers, nated 46 CPR Part 37, which will de in which they are being used. it is proposed to revise 46 CFR Subpart scribe the special construction, arrange 148. In order to show inspection and 162.012 by amending 46 CFR 162.012-5 ment and other provisions applicable to certification requirements for nuclear to 162.012-7, inclusive. These changes are nuclear vessels, , as well as to revise 46 vessels engaged in passenger service, it necessary in order to have this specifica CPR 30.01-25, 30.10-44, 31.01-5, 31.05-10, is proposed to amend the passenger ves tion conform with the proposed Marine 31.10- 15, and 31.30-1. The reasons for sel regulations by adding a new part Engineering Regulations. changes and additions regarding nuclear designated 46 CPR Part 79, regarding 156. With respect to the specification vessels are (1 ) proposed revision of special construction, arrangement and for relief valves on hot water heating Marine Engineering Regulations pertain other provisions for nuclear vessels, and boilers designated 46 CFR Subpart 162.- to engineering requirements only; (2) by revising 46 CFR 70.05-12, 70.10-30, 013, it is proposed to amend 46 CFR the general coverage of construction, cer 70.20-5, 71.01-10, 71.20-15, and 71.25-10. 162.013-5 to 162.013-7, inclusive. The tification, etc. should be in the same sub The reasons for changes and additions reason for changes and additions regard chapter; and (3) the desirability of hav regarding passenger vessels are ( 1 ) pro ing relief valves is to have this specifica ing inspection and certification for all posed revision of Marine Engineering tion conform with proposed revision of vessels engaged in the same'activity, re Regulations pertain to engineering re Marine Engineering Regulations. gardless of method of propulsion, to be quirements only; (2) the general cover 157. With respect to the specification in one subchapter. age of construction, certification, etc. for fusible plugs designated 46 CFR Sub Ì46- Editorial changes are proposed in should be in the same subchapter; and part 162.014, it is proposed to amend 46 46 CPR 31.30-1, 32.35-10, 32.60-40, 32.65- (3) the desirability of having inspection CFR 162.014-1 to bring it up-to-date. 40, 35.25-10, 38.05-1, 38.05-3, 38.05-4, and certification for all vessels engaged 158. With respect to the specification 38.05- 5, 38.10-1, 38.10-10, 38.10-15, 38.10- in the same activity, regardless of for pressure-vacuum relief and spill 16.39.05- 1, 39.05-5, 39.10-4, 40.05-60, and method of propulsion, to be in one valves for tank vessels in 46-CFR Subpart 40.10- 60 so that these regulations will subchapter. 162.017, it is proposed to amend 46 CFR conform to the proposed Marine Engi 149. It is proposed to amend 46 CPR 162.017- 3, 162.017-5, and 162.017-6. The neering Regulations. 78.17-75, regarding requirements for fuel reason for changes and additions re 147. It is proposed to cancel the regu oil, so that it will agree with the re garding these valves is to have this speci lations in 46 CPR Part 66 to 69, inclusive, quirements in the Marine Engineering fication conform with the proposed re regarding Marine engineering installa Regulations. vision of Marine Engineering Regula tions contracted for prior to July 1, 1935. 150. With respect to the use of nuclear tions. Much of the material in this Subchapter energy for propulsion purposes, it is pro 159. With respect to the specification g entitled “Marine Engineering Instal posed to add a new part designated 46 for safety relief valves for liquified com la« 1^8 ^htradted for Prior to July 1, CPR Part 99 regarding special construc pressed gases designated 46 CFR Subpart »35,” contains the design rules applica tion, arrangement and other provisions 162.018, it is proposed to amend 46 CFR le to the fabrication processes and for nuclear cargo vessels, as well as 162.018- 3, 162.018-6 to 162.018-8, inclu materials which were available prior to amend 46 CFR 90.05-35, 90.10-24, 90.20-5, sive. The reason for changes and addi »¿5. These requirements are no longer 91.01- 10, 91.20-15, and 91.25-10., The tions regarding these valves is to have onsidered necessary since no new boil- reasons for changes and additions re the specification conform with the pro . s Permitted to be constructed un garding cargo vessels are (1 ) proposed posed revision of Marine Engineering ir,» k ?,se ru^es- The repairs to such exist- revision of Marine Engineering Regula Regulations. g boilers will be handled by appropriate tions pertain to engineering require 160. With respect to the specification mence to revised regulations in 46 ments only; (2) the general coverage of for automatically controlled, packaged, FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13526 PROPOSED RULE MAKING auxiliary boilers, designated 46 CFR Sub- Within a 5-mile radius of Dothan Airport; 3. V-500 From Boise, Idaho, 25 miles, 12 part 162.026, it is proposed to cancel this within 2 miles each side of the Dothan AGL, 25 miles, 90 MSL, 48 miles, 95 MSL, 25 specification subpart consisting of VORTAC 156° and 330° radiais, extending miles, 75 MSL, 12 AGL Pocatello, Idaho. from the 5-mile radius zone to 8 miles SÈ §§ 162.026-1 to 162.026-22, inclusive, be and 9.5 miles NW of the VORTAC; and within Interested persons may participate in cause the material contained in this a 1.5-mile radius of the Baker’s Skytel the proposed rule making by submitting specification is included in the proposed Airport. such written data, views, or arguments as Marine Engineering Regulations and they may desire. Communications should designated as 46 CFR Part 63. The cer The Dothan transition area would be designated as: identify the airspace docket number and tificates of approval issued under this be submitted in triplicate to the Director, specification Subpart 162.026 are can That airspace extending upward from 700 Western Region, Attention: Chief, Air celled, and the numbering of boilers as feet above the surface within an 8-mile ra Traffic Division, Federal Aviation Ad provided for under this specification will dius of the Dothan Airport, excluding the airspace within a 1.5-mile radius of Headland ministration, 5651 West Manchester Av also be terminated. Airport and that portion which coincides enue, Post Office Box 90007, Los Angeles, 161. With respect to the rules andwith the Fort Rucker, Ala., transition area. Calif. 90009. All communications re regulations for small passenger vessels ceived within 45 days after publication under 100 gross tons, various changes The proposed control zone alteration of this notice in the F ederal R egister are necessary because the proposed Ma would provide additional controlled air will be considered before action is taken rine Engineering Regulations in 46 CFR space required for the protection of IFR on the proposed amendments. The pro Part 61, as well as various exemptions in aircraft executing AL-123-VOR/DME- posals contained in this notice may be 46 CFR Part 54, so that the requirements 13 standard instrument approach proce changed in the light of comments will be consistent. It will be necessary to dure to Dothan Airport during descent received. amend 46 CFR 176.25-30, 182.10-5, 182.- below 1,000 feet above the surface. An official docket will be available for 15-1, 182.15-15, 182.15-20, 182.15-25, The proposed transition area is re examination by interested persons at the 182.15-40, 182.20-1, 182.20-15, 182.20-20, quired for the protection of IFR opera Federal Aviation Administration, Office 182.20-22, 182.20-25, and 182.20-40 so tions at Dothan Airport. of the General Counsel, Attention: Rules these regulations will conform with the These amendments are proposed under Docket, 800 Independence Avenue SW., proposed Marine Engineering Regula the authority of section 307(a) of the Washington, DC. 20590. An informal tions. Federal Aviation Act of 1958 (49 U.S.C. 1348(a)). docket also will be available for exami Dated: September 5,1967. nation at the Office of the Regional Air Issued in East Point, Ga.', on Septem Traffic Division Chief. P. E. T rimble,- . ber 18,1967. Vice Admiral, U.S. Coast Guard, These actions are proposed under the J ames G. R ogers, authority of section 307(a) of the Fed Acting Commandant. Director, Southern Region' eral Aviation Act of 1958 (49 U.S.C. [F.R. Doc. 67-11311; Filed, Sept. 26, 1967; [F.R. Doc. 67-11295; Filed, Sept. 26, 1967; 1348). 8:48 a.m.] • 8:46 a m .] Issued in Washington, D.C., on Sep tember 18,1967. Federal Aviation Administration I 14 CFR Part 71 1 H. B. H elstrom, [Airspace Docket No. 67-WE-48] Chief, Airspace and Air [ 14 CFR Part 71 1 Traffic Rules Division. [Airspace D ocket No. 67-SO -93] FEDERAL AIRWAYS [F.R. Doc. 67-11296; Filed, Sept. 26, 1967; CONTROL ZONE AND TRANSITION Proposed Alteration 8:46 a.m.] AREA The Federal Aviation Administration is considering amendments to Part 71 of [ 14 CFR Part 71 1 Proposed Alteration and Designation the Federal Aviation Regulations that The Federal Aviation Administration would extend the 1,200 foot AGL seg [Airspace Docket No. 67-AL-20] is considering amendments to Part 71 of ments of the floors of V-4N, V-253, and CONTROL ZONE the Federal Aviation Regulations that V-500 in the vicinity of Boise, Idaho. would alter the Dothan, Ala., control V-4N is designated in part from Boise Proposed Alteration zone and designate the Dothan, Ala., 21 miles, 12 AGL, 28 miles, 90 MSL, 95 The Federal Aviation Administration transition area. MSL INT Boise 104° and Burley, Idaho, is considering an amendment to Part 71 Interested persons may submit such 344° True radiais. of the Federal Aviation Regulations written data, views, or arguments as they _ V-253 is designated in part from Boise which would alter the Betties, Alaska, may desire. Communications should be 30 miles, 12 AGL, 99 MSL McCall, Idaho. terminal airspace structure. submitted in triplicate to the Area V-500 is designated in part from Boise The following control zone is presently Manager, Memphis Area Office, Atten 21 miles, 12 AGL, 28 miles, 90 MSL, 48 designated in the Betties terminal area: tion: Chief, Air Traffic Branch, Federal miles, 95 MSL, 25 miles, 75 MSL, 12 AGL Within a 5-mile radius of Betties Airport Aviation Administration, Post Office Box Pocatello, Idaho. (latitude 66°55’00'' N., longitude 151°31'00 18097, Memphis, Tenn. 38118. All com A recent flight inspection has deter W.); within 2 miles each side of the 210° munications received within 30 days af mined that aircraft northbound via bearing from the RR, extending from the 5- ter publication of this notice in the F ed V-253 and eastbound via V-4N and V-500 mile radius zone to 8 miles southwest of the eral R egister will be considered before may cross the Boise VORTAC at 6,000 RR, and within 2 miles each side of the action is taken on the proposed amend feet MSL. In addition a minimum ob Betties VOR 216» radial, extending from ment. No hearing is contemplated at struction clearance altitude of 9,000 feet the 5-mile radius'zone to 8 miles south this time, but arrangements for informal MSL has been established on V-253 from west of the VOR. conferences with Federal Aviation Ad Boise to 42 miles north. To provide ade Conversion of the Betties radio range ministration officials may be made by quate control area for aircraft to climb to an NDB and a revised public instru contacting the Chief, Air Traffic Branch. from the reduced minimum crossing alti ment approach procedure to Betties Air Any data, views, or arguments presented tude to the minimum en route altitudes, during such conferences must also be and to protect the 9,000 foot MOCA on port required a change in the Betties con submitted in writing in accordance with V-253, which is used for radar air traffic trol zone. this notice in order to become part of the control procedures, V-4N, V-253, and The alteration of the control zone record for consideration. The proposal V-500 would be altered as follows: would provide protected airspace for air contained in this notice may be changed 1. V—4N From Boise 25 m iles, 12 AGL, 25 craft conducting prescribed instrumen in the light of comments received. miles, 90 MSL, 95 MSL INT Boise 104° and approach and departure procedures The Dothan control zone described in Burley, Idaho, 344° True radiais. below the limits of the Betties transition § 71.171 (32 F.R. 2071 and 3438) would be 2. V-253 From Boise 42 miles, 12 AGL, 99 redesignated as: MSL McCall, Idaho. area. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13527 The Federal Aviation Administration, proposed assignments within 250 miles of upon this showing, petitioner urges that having completed a comprehensive re the United States-Canadian border re the proposal is technically feasible. view of the controlled airspace require quire coordination with the Canadian 5. In an opposition to the Kinman pro ments in the Betties terminal area, pro Government under the terms of the posal filed on July 10, 1967, Shelby poses the following airspace action: Canadian-United States FM Agreement County Broadcasting Co., Inc., licensee Alter the Betties, Alaska, control zone of 1947 and the Working Arrangement of of Stations WSVL and WSVL-FM, by redesignating it to comprise that air 1963. Except as noted, all population fig Shelbyville, Ind., notes that it previously space within a 5-mile radius of the Bet ures are taken from the 1960 U.S. Census opposed the earlier petition (RM-1035), ties Municipal Airport (latitude 66°55'- and all channels proposed for shift or and incorporates by reference that op 00" N., longitude 151°31'00" W.); within deletion are unoccupied. position to the subject request. Shelby 2 miles southeast and 3 miles northwest 2. RM-1176. Benton, HI. (Banks and Free submits that Kinman fails to refer to the of the 210° T (183° MAG) bearing from land Broadcasters); RM-1182. Erwin, Tenn. previous denial of the Commission and the Betties RBN extending from the 5- (WEMB, Inc.); RM—1189. Monticello, 111. fails to present any facts which might mile radius zone to 8 miles southwest (Robert F. Grubb); RM-1190. Danville, Ky. permit the Commission to reach a dif of the RBN. (WHIR, Inc.). ferent conclusion from the previous one Interested persons may submit such In these four cases, interested parties are that the proposal is not technically feasi written data, views, or arguments as they seeking the assignment of a first Class A ble. In support of its contention that may desire. Communications should channel in a community, without requir Channel 232A cannot be assigned to identify the airspace docket number and ing any other changes in the table. The Rushville in conformance with the mini be submitted in triplicate to the Chief, communities appear to merit the pro mum spacing requirements and the re Air Traffic Division, Alaskan Region, posed assignments. Comments are there quirement to place a signal of 70 dbu over Federal Aviation Administration, 632 fore invited on the following additions the entire principal community, Shelby Sixth Avenue, Anchorage, Alaska 99501. to the table: attaches an engineering statement which All communications received within 30 Channel purports to show that in one direction days after publication of this notice in C ity No. the distance from the assumed site to the the Federal R egister will be considered Benton, 111______252A far edge of the city of Rushville is 8.2 before action is taken on the proposed Monticello, 111______288A miles. The statement further alleges that amendments. The proposal contained in Danville, Ky______296A the distance to the 70 dbu contour for a this notice may be changed in the light of Erwin, T enn ______280A Class A station with an assumed power comments received. 3. RM-1161. Rushville, Ind. On Febru of 3 kw and an antenna height of 300 The public docket will be available for ary 13, 1967 (amended on May 31, 1967), feet is only 8 miles. Nothing is said about examination by interested persons at the Gene Hammond Kinman, prospective the actual antenna heights in the direc Office of the Regional Counsel, Federal applicant for a new AM station in Rush tion of the community as drawn by peti Aviation Administration, 632 Sixth Ave ville, Ind., filed a petition for rule making tioner’s engineer for the assumed site, nue, Anchorage, Alaska 99501. looking toward the assignment of Chan in which the showing is made that the This amendmeht is proposed under the nel 232A as a first assignment to Rush required coverage of the community will authority of section 307(a) of the Fed ville, Ind. Rushville is a community of be achieved. eral Aviation Act Of 1958 (49 U.S.C. 1348). 7,264 persons and is located about 35 6. In view of the petitioner’s showing, Issued in Anchorage, Alaska, on Sep miles southeast of Indianapolis. It is the we are of the view that comments should tember 19, 1967. county seat and largest community in be invited on petitioner’s proposal as Rush County, which has a population of follows: J ohn R. K ullman, 20,393. It has no AM station.1 Various Brigadier General, U.S, Air statistics are supplied by petitioner to Channel No. Force, Acting Director, Alas show the commercial importance of City kan Region. Rushville and the surrounding nearby Present Proposed [F.R. Doc. 67-11335; Filed, Sept. 26, 1967; communities. 8:49 a.m.] 4. The same request was previously Rushville, Ind______... 232A considered and denied by the Commis sion in a memorandum opinion and 7. RM-1187. Dover and New Philadel FEDERAL COMMUNICATIONS order issued on December 20, 1966, RM- phia, Ohio. In a petition for rule making 1035, FCC 66-1165. In that proceeding filed on July 21, 1967, The Tuscarawas COMMISSION the Commission found that the proposal Broadcasting Co., licensee of Station was not technically feasible, based upon WBTC(AM), Uhrichsvüle, Ohio, requests E 47 CFR Part 73 ] a review of the comments and data sub the reassignment of Channel 269A from [Docket No. 17746; FCC 67-1068] mitted by the interested parties. The Dover-New Philadelphia, Ohio, to Dover, contention was made and not refuted and the assignment of Channel 240A to FM BROADCAST STATIONS that a site for the assignment would have to be located out of town at such a dis New Philadelphia as follows: Table of Assignments; Benton, III., tance (about 7 miles) and in such ter Channel No. etc. rain as to make the assignment infeas City ible. We did, however, state that the fact . Tp ^ e matter of amendment of that another radio station in a different Present Proposed s 73.202, Table of Assignments, FM town (Shelbyville, Ind.), maintains aux broadcast stations (Benton, HI., Erwin, iliary studios in Rushville did not dis Dover-New Philadelphia, Rushville, Ind., Dover and New Ohio______■■■_____ 269A hiiadelphia, Ohio, Waco and Corsicana, qualify it from having a local outlet of Dover, Ohio______269À its own. In the subject petition, Kinman New Philadelphia, O hio..— . 240A ¿».. Milford, Ohio, Lancaster and ^ynthiana, Ky., Oxnard, Calif., West selects a site from which, it is alleged, ankfort, HI., and Sierra Vista, Ariz.), all the required spacing can be met and, 8. Dover is a community of 11,300 per by means of three profiles drawn along sons and New Philadelphia of 14,241. SX*®* No- 17746, RM-1176,- RM-1182, three radiais toward and through the ,,189, RM-H90, RM-1161, RM-1187, Both are located in Tuscarawas County, , JJ83, RM-1193, RM-1181, RM-1174. community of Rushville, he purports to approximately 3 miles apart. The county r»i* N ,?e is hereby given of proposed demonstrate that the required signal can has a population of 76,789 and New Phila* e making in the above-entitled mat- be placed over all of Rushville. Based delphia is its seat and largest community. Tahi*0nc,eming amendments of the FM One Class IV AM station is licensed to both communities. An application has * 70 -Assignments, contained in 1WSVL-FM, Shelbyville, located about 17 Drmin j °T the Commission’s rules. All miles southwest of RushvlUe, maintains been filed for Channel 269A by the licen snn*?86^ assignments appear to meet the auxiUary studios in that community, see of this station. The purpose of the mg requirements of the rules. All manned by a staff of four persons. subject petition is thus to provide each FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13528 PROPOSED RULE MAKING community with its own FM assignment. only communities In this area which da Oxnard, the largest community but not Petitioner submits that New Philadelphia not already have an PM assignment are the county seat of Ventura County, has is an important trade, transportation, under 2,000 population. a population of 40,265 persons, and its and commercial center and includes a 12. Based upon the showing made incounty has a population of 199,138 per large number of statistics in support of this case as to the area in which future sons. It has a Class B FM station in this claim. It further urges that the pro needed assignments may be precluded operation and two unlimited time AM posal would provide the community with and the lack of any adverse effect in this stations, one of which is licensed to its first local PM service and would pro regard, we believe that we should invite Ventura-Oxnard in combination. Ven vide an outlet for emergency weather comments on the petitioner’s proposal as tura, about 10 miles away, has two Class reports, news, sports, and other public follows: B stations and a Class IV AM station, in affairs programs.2 addition to the Ventura-Oxnard station. 9. We are of the view that rule making Channel No. 16. In support of the request for a should be instituted in this case in order City second assignment in Oxnard, petitioner that all interested parties may submit Present Proposed states that the estimated 1966 popula their views and relevant data. While it tion of the city is 62,540, that the pro appears that each of the communities 296A posal conforms to all the spacing rules, named is lajrge enough to warrant an and that he intends to file an applica PM assignment in spite of their proxim tion for a new PM station in Oxnard in ity, attention is invited to the public 13. RM-1193. Lancaster' and Cyn-the event the proposal is adopted. Mr. notice of May 12, 1967, Policy to Govern thiana, Ky. In a petition filed on August Tendick also points out that there is a Requests for Additional PM Assignments, 21, 1967, South C. Bevins, trading as need to serve the large Spanish speak FCC 67-577, especially the showing to tion WIXI (AM), Lancaster, Ky., re ing population in the area. As to the be made as to the areas which may be quests the assignment of Channel 292A possible preclusion of future needed as precluded from future needed assign to Lancaster, Ky., by substituting Chan signments in other communities, peti ments on the channel requested and the nel 272A for 292A at Cynthiana, Ky., as tioner submits that there would be no six adjacent Channels. Comments are follows: areas in which assignments would be invited, therefore, on the proposal as precluded on any of the adjacent chan outlined above. Channel No. nels due to the proposed assignment City 10. RM-1183. Milford, Ohio. Milford due to existing stations in the general Associates, prospective applicant for a Present Proposed area. However, there would be an area new FM station in Milford, Ohio, requests so precluded on Channel 244A, which the assignment of Channel 296A to Mil 292A would include a number of communities ford, in a petition filed on May 9, 1967 292A 272A including Port Hueneme, Santa Paula, and supplemented on July 26, 1967. Mil El Rio, and Fillmore. It is urged that ford is a community of 4,131 persons and Lancaster is a community of 3,021 per several channels including 252A, 272A, the county in which most of the com sons and the county in which it is located and 288A are available for future use in munity and its population is located, and of which it is the county seat (Gar some of these communities. Clermont, has a population of 80,530 per rard)" has a population of 9,747 persons. sons. Petitioner submits that Clermont WIXI, a daytime-only AM station li 17. Oxnard Broadcasting Corp., li is essentially agricultural in nature, that censed to petitioner, is the only radio censee of KOXR(AM) and KPMJ-FM, it does not have any radio outlet, and station in the community. Petitioner Oxnard, Calif., opposes the addition of that the assignment of Channel 296A states that an PM station would permit Channel 244A to Oxnard on the grounds is technically feasible at a sité about 4 a greater service in the area, which is that there is no need for the additional miles southwest of Milford.3 in the center of a prosperous farm, residential, and recreational region. outlet in view of the many AM and FM 11. In view of the fact that Milford stations in the county, that it would de is located approximately 13 miles east 14. The proposal appears to have of Cincinnati and in its urbanized area merit and conforms to all the rules. grade the quality of FM service in the (but not in its Standard Metropolitan Channel 272A would have to be located area, and that other communities, such Statistical Area) petitioner makes the about 2 miles northwest of the commu as Santa Paula, Fillmore, Moorpark, and showing required in the May 12, 1967, nity of Cynthiana in order to meet the Ojai, are growing rapidly and are more Public Notice—Policy to Govern Requests required minimum spacings. However, it appears that Channel 276A can be as in need of their own local outlet than for Additional PM Assignments. This Oxnard needs an additional FM station. showing indicates that there would be signed to Cynthiana without this defi no areas precluded on all the six adja ciency. We therefore invite comments on 18. We are of the view that the request cent channels by the proposed assign the following in lieu of the proposal ad has sufficient merit to warrant the insti ment due to existing stations. The as vanced by petitioner: tution of rule making in order that all signment of Channel 296A to Milford interested parties may submit their views Channel No. would, however, preclude the use of this City and relevant data. We invite comments, channel in an area to the southeast of therefore, on the petitioner’s proposal as Present Proposed Cincinnati, almost all of which falls in outlined above. In view of the mixture of the north central tip of Kentucky. The 292A a Class A and B assignment which would 276A292A result from the proposal, comments are 2 Dover Broadcasting Co., Inc., licensee of also invited on this aspect of the request. Station WJER(AM) v Dover-New Philadelphia, 15. RM-1181. Oxnard, Calif. In a petiSince Channel 244A is the only one feasi Ohio, filed an opposition to the proposal tion filed on July 14, 1967, and supple ble at Fillmore, we invite comments also mainly on the ground that a showing of need mented on August 24, 1967, Cullen-B. for the additional assignment, and the areas Tendick, prospective applicant for a new on the alternative of assigning Channel which will be precluded as a result of the FM station in Oxnard, Calif., requests 252A to Oxnard in lieu of 244A. assignment proposed, were not indicated. 19. RM-1174. Waco and Corsicana, Since we are requesting comments on these the addition of Channel 244A to Oxnard aspects of the proposal, we do not believe as follows: Tex. On June 28, 1967 (supplemented on we should reject the subject petition without Aug. 21, 1967), Baylor University, li an opportunity for parties to file comments. Channel No. censee of educational FM broadcast Sta 3WTRE-FM on Channel 297 at Greensburg, City Ind., was granted a construction permit to tion KWBU-FM, Channel 210, Waco, change its site (BPH-5517) on Jan. 23, 1967. Present Proposed Tex., filed a petition requesting rm® The assignment of Channel 296A to Milford making looking toward the addition o is only feasible in the event this station does 284 244A, 284 -in fact move to the proposed site. Channel 296A to Waco, as follows: FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 PROPOSED RULE MAKING 13529 ments in other areas. However, there “for the foreseeable future” we believe Channel No. would be a small area precluded on Chan that the proposed channel should be re City nel 294 to the northwest of Waco, and a served for educational use by means of Present Proposed rather large area on Channel 296A. With an asterisk placed on the channel in the respect to Channel 296A, Baylor submits table (similar to the method used in the 238,248,260 238,248,260, that there are three unused Class A as TV broadcast service) and that we 296A. signments in this area (Channel 221A should modify the license of KWBU-FM at Hamilton, Channel 244A at Marlin, to specify operation on Channel 252A in Waco has a population of 97,808 and and 265A at Mexia), and that the only lieu of 210, in the event the proposal is its SMSA has a population of 150,600. com m unity in the area, other than Waco, adopted-. Should the licensee at some The three Class C channels are either oc with a population of over 10,000 popula future date wish to operate on the re cupied or applied for. Waco also has tion is Corsicana. This community has a served channel commercially instead of three AM stations and one is assigned population of 20,344 and has a Class IV as a noncommercial educational station, to Waco-Marlin. AM station. Baylor suggests that Channel a petition for rule making can be filed at 20. One of the stated purposes of the 300 can be assigned to Corsicana in the the time to remove the reservation and subject proposal is to remove a problem event there is a future demand for a consideration will be given to the situa of interference to reception of television local facility. tion in the area at that time. Station KCEN-TV, Channel 6, operating 22. With respect to the alleged inter 25. West Frankfort, III., and Sierra from a site about midway between Waco ference problem, Baylor does not give Vista, Arte. In addition to the above and Temple, Tex., from the operation of any information on the extent of the in changes proposed by interested parties, KWBU-FM on educational Channel 210 terference caused but submits that a the Commission wishes to make two in the educational band adjacent to large number of Waco households are in changes on its own motion. A grant was Channel 6. KWBU-FM previously oper volved and that complaints have been re made inadvertently on Channel 297 at ated on Channel 218 which, for “several ceived by both Baylor and KCEN-TV. In Dexter, Mo. (channel assigned to Poplar- reasons was not considered satisfactory” another proceeding,' Docket 14185, con Bluff but available to Dexter under the (chiefly, interference to reception of TV cerning assignments in the educational “25-mile rule”) , short-spaced to the as Station WFAA-TV, Dallas, Channel 8) FM band, KCEN-TV filed comments on signment of Channel 296A at West and therefore Baylor requested and was this point in which it submitted the re Frankfort, 111. It is proposed to substitute granted permission to move to Channel sults of a card survey showing that 53 Channel 292A for 296A at this commu 210, starting operation thereon in May percent of the people reported interfer nity. The site for such a station will have 1966. Baylor contends that' the inter ence trouble after KWBU-FM went on to be located about 2 miles east of the ference would remove the sole source of the air as compared with those reporting town. It has also been discovered that NBC programs in the area of KWBU- no trouble. The area of interference is the assignment of Channel 261A at Sierra FM, since the Dallas NBC outlet (Chan asserted to be near Baylor University in Vista, Ariz., is short-spaced to Channel nel 5) suffers interference in this area an area of high population density. 258 at Tuscon, Ariz. It is therefore pro from Temple Channel 6. It further con 23. We are of the view that a sufficient posed to substitute another channel for tends that a move out of the. educational showing has been made in this case to 261A at the former. Comments are there band is needed and cites the recent re warrant the institution of rule making fore invited on the following changes: port of the Research Division of the Of in order that all interested parties may fice of Chief Engineer of the Commission submit their views and relevant data. Channel No. “Calculations for Educational FM Chan We are therefore inviting comments on City nel Assignments in Areas Served by TV the Baylor proposal to add a Class A Present Proposed Channel 6” dated July 14, 1967, and channel to Waco ih order that KWBU- numbered R-6702. The second reason for FM may shift to it from Channel 210 in West Frankfort, 111______296A 292A the requested assignment is to provide the educational FM band. Since, how Sierra Vista, A r i z ...... 261A 265A Baylor with an assignment which would ever, Channel 296A is the only Class A permit commercial operation. Baylor channel available for the fairly large 26. Authority for the adoption of the submits that it had previously filed an community of Corsicana and another amendments proposed herein is con application for commercial Channel 248 Class A channel is available for assign tained in sections 4(i), 303, and 307(b) with a request ¿or a waiver of the mini ment (Channel 252A) for Waco, we are of the Communications Act of 1934, as mum power requirement but that this proposing the following amendments to amended. was denied by the Commission on Decem the table: 27. Pursuant to applicable procedures ber 7, 1966. It submits further; that it set out in § 1.415 of the Commission’s does not intend to operate KWBU-FM as Channel No. rules, interested parties may file com a commercial station for the foreseeable City ments on or before October 20, 1967, and future but that it is “of the opinion that reply comments on or before Novem there will come a time when the proper Present Proposed ber 3, 1967. All submissions by parties to training of its students will require the this proceeding or by persons acting in operation of the station as a commercial 296A, 238, 238,248,260 248, *252A, behalf of such parties must be made in station”. In favor of a commercial as 260 written comments, reply comments, or signment, Baylor urges that such an other appropriate pleadings. operation would be beneficial to students 28. In accordance with the provisions since such stations operate on split- We further propose to add the following of § 1.419 of the rules, an original and second timing, require careful scheduling to paragraph (a) of § 73.202: 14 copies of all written comments, replies, of programs and announcements, and Channels designated with an asterisk pleadings, briefs, or other documents develop skills in persuading advertisers to are assigned for use by noncommercial shall be furnished the Commission. use the station and customers to buy the educational broadcast stations only. Products advertised. It states that it will 24. In view of the fact that the pro Adopted: September 20, 1967. Jre an application for Channel 296A in posed addition of Channel 252A to Waco Released: September 22, 1967. wie event it is assigned to Waco. is for the express purpose of removing 21. As to the possible impact of the the interference problem which now ex F ederal C ommunications ^1r°P°®e4 assignment, a showing is in ists due to the operation of KWBU-FM C o m m is s io n ,® cluded indicating the areas in which [seal] B e n F . W aple, on Channel 210 in the educational band, Secretary. bannel 296A and the six adjacent chan- permitting this channel to be available hols would be precluded as a result of the for application by other parties would [F.R. Doc. 67-11343; Filed, Sept. 26, 1967; defeat the intention of the rule making 8:50 a.m.] Proposed assignment. This showing indi and would perpetuate the serious inter cates 3 Commissioners Bartley and Wadsworth that there will be no areas of pre ference problem. Further, since peti absent and Commissioner Cox concurring in clusion on Channels 293,295,297,298, and tioner proposes to continue to operate part but dissenting to the proposals for 9 due to existing stations and assign KWBU-FM as an educational station Oxnard, Calif., and Waco, Tex. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 Notices agement, 800 Truxtun Avenue, Bakers T. 8 S., R. 40 E., DEPARTMENT OF THE INTERIOR field, Calif. 93301, and, as noted on the Secs. 3 to 11, inclusive; Riverside Land Office records, 1414 Uni Secs.. 13 to 36, inclu sive. Bureau of Land Management T. 9 S., R. 40 E., versity Avenue, Riverside, Calif. 92502. Secs. 1 to 36, inclusive. [Sacramento 048846] The overall description of the area is as T. 10 S., R. 40 E„ CALIFORNIA follows: Secs. 1 to 36, inclusive. M ou n t Diablo Meridian T. 8 S., R. 41 E., Cancellation of Notice of Termination Secs. 18 and 19; MONO AND INYO COUNTIES Secs. 28 to 34, inclusive. of Proposed Withdrawal and Res T.3 S..R. 35 E., T. 9 S., R. 41 E., ervation of Lands Secs. 27, 35, and 36. Secs. 2 to 36, inclusive. T. 10 S.. R. 41 E., S eptember 19, 1967. T. 4 S., R. 35 E., Secs. 1, 2,1 1 ,1 2 , and 13. Secs. 1 to 18, inclusive. The notice of termination of the Fislr T. 7 S., R. 35 E., T. 9 S., R. 42 E., and Wildlife Service, Department of the Secs. 23 to 26, inclusive; 35 and 36. Secs. 7,17 to 21, inclusive; Interior application, Sacramento 048846, T. 8 S., R. 35 E., | Secs. 27 to 35, inclusive. for withdrawal and reservation of lands Secs. 1,12, and 13. T. 10 S„ R. 42 E., for use as a public hunting-ground in T. 4 S., R. 36 E., Secs. 1 to 18, inclusive. Secs. 6, 7, and 8; T. 10 S., R. 43 E., connection with the Tule Lake and Lower Secs. 7,17, and 18. Klamath National Wildlife Refuges, Secs. 16 to 22, inclusive; published as F.R. Doc. 67-10338, in the Secs. 26 to 30, inclusive; The public lands in the areas described Secs. 32 to 36, inclusive. acres, issue for September 2, 1967, is hereby T. 5 S., R. 36 E., aggregate approximately 496,588.49 canceled. The applicant agency has not Secs. 1, 2, 3,11 to 14, inclusive; 4. The following described public lands rescinded the application. The notice of Secs. 23 to 26, inclusive; are further segregated from the appro termination is, therefore, without au Secs. 35 and 36. priation under the Mining Laws (30 thority. The application, notice of which T. 6 S., R. 36 E., U. S.C., Ch. 2) approximating 4,135 acres. was published as F.R. Doc. 55-4841 in the Secs. 1,2,11 to 14, inclusive; Secs. 23 to 27, inclusive; Mo u n t D iablo Meridian issue of June 16, 1955, remains in full Secs. 34, 35, and 36. force and effect. T. 7 S., R. 36 E., 500 feet either side of centerline of Cotton R. J. Litten, Secs. 1 to 4rinclusive; wood Creek beginning in SW V4 SW J4 sec. 33, Chief, Lands Adjudication Section. Secs. 8 to 36, inclusive. through SE% of see. 32 of T. 5 S., R. 37 E„ through secs. 4, 5, and 6 of T. 6 S., R. 37 E., [F.R. Doc. 67-11314; Piled, Sept. 26, 1967; T. 8 S„ R. 36 E„ Secs. 1 to 18, inclusive; and through secs. 1 and 2 of T. 6 S., R. 36 E. 8:48 a m .] Secs. 21 to 28, inclusive; T. 10 S., R. 39 E., Secs. 33 to 36, inclusive. Secs. 1, 2, and 11; T. 9 S., R. 36 E., Sec. 12, NWV4 NE14 , w y 2w y 2, E^NW1/«. [R 697] Secs. 1 ,2 and 3; NEV4SW14; CALIFORNIA Secs. 10 to 13, inclusive; Sec. 13, W%Wi/2; Secs. 24,25 and 36. Sec. 14, All; Notice of Proposed Classification of T. 5 S., R. 37 E., Sec. 23, N»/2, Ny2Si/2; Secs. 5 to 10, inclusive; Sec. 24, NWy4NWy4. Public Lands for Multiple-Use Man Secs. 14 to 36, inclusive. agement T. 6 S., R. 37 E., 5. For a period of 60 days from the Secs. 1 to 36, inclusive. date of publication of this notice in the 1. Pursuant to the Act of September T. 7 S., R. 37 E„ F ederal R egister, all persons who wish 19, 1964 (43 U.S.C. 1411-18) Rnd to the Secs. 1 to 36, inclusive. to submit comments, suggestions, or ob Regulations in 43 CFR Parts 2410 and T. 8 S., R. 37 E., jections in connection with the proposed^ 2411, it is proposed to classify, for multi Secs. 1 to 36, inclusive. classification may present their views in ple-use management, the public lands in T. 9 S.; Rr37 E., writing to the District Manager, Bureau paragraph 3 together with any lands in Secs. 1 to 36, inclusive. T. 10 S., R. 37 E., of Land Management, Room 311, Federal the area described in paragraph 3 that Secs. 1 to 36, inclusive. Buildingr 800 Truxtun Avenue, Bakers may become public lands in the future. T. 5 S., R. 38 E., field, Calif. 93301. As used herein “public land’" means any Secs. 30, 31, and 32. 6. A public hearing on the proposed land withdrawn or reserved by Executive T. 6 S., R. 38 E., classification will be held on Wednesday, Order No. 6910 of November 26, 1934, Secs. 4 to 10, inclusive; Secs. 14 to 36, inclusive. October 11, 1967, at 2 p.m. at the M 0 as amended, or within a grazing district County Courthouse, Independence, Cain. established pursuant to the Act of June T. 7 S., R. 38 E., Secs. 1 to 36, inclusive. For the State Director. 28, 1934 (48 Stat. 1269) as amended, T. 8 S., R. 38 E., which are not otherwise withdrawn or Secs. 1 to 36, inclusive. R obert J. S pringer, reserved for a Federal use or purpose. T. 9 S., R. 38 E., D istrict Manager. Secs. 1 to 36, inclusive. 2. Publication of this Notice has the [F.R, Doc. 67-11286; Filed, Sept. 26, I967, T. 10 S., R. 38 E., effect of segregating all of the described 8:46 a.m.] lands from appropriation only under; Secs. 1 to 36, inclusive. (a) the agricultural land laws (43 U.S.C. T. 6 S., R. 39 E., Secs. 30 to 33, inclusive. [ Colorado—C-2649 ] Parts 7 and 9; 25 U.S.C., sec. 334) and T. 7 S., R. 39 E., from sales under section 2455 of the Re Secs. 3 to 11, inclusive; COLORADO vised Statutes (43 U.S.C. 1171); and (b) Secs. 13 to 36, inclusive. the lands described in paragraph 4 from T. 8 S., R. 39 E., Proposed Classification of Publ'c appropriation under the mining laws (30 Secs. 1 to 36, inclusive. Lands for Multiple-Use Manage- U.S.C. Ch. 2). The lands shall remain T. 9 S., R. 39 E., Secs. 1 to 36, inclusive. ent open to all other applicable forms of ap S eptember 11,1967- propriation. T. 10 S., R. 39 E., Secs. 1 to 36, inclusive. Pursuant to the Act of Septeni^ 3. The lands proposed to be classified T. 7 S., R. 40 E., 964 (43 U.S.C. 1411-18) and Jo U* are shown on maps on file in the Bakers Sec. 19; field District Office, Bureau of Land Man Secs. 29 to 33, inclusive. ations in 43 CFR Parts 2410 FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13531 E411, it is proposed to classify for multi- T. 5 S., R. 87 W., Montrose District Office, Bureau of Land |le-use management the public lands Secs. 1, 2,11,12,13,14, 23, 24, 25, 26, 35, and Management, Highway 550 South, Mon 36 (that part in Eagle County). trose, Colo. 81401, and at the Land Office tadthin the areas described below, to T. 6 S., R. 85 W., gether with any lands therein that may Secs. 5 and 6. of the Bureau of Land Management, become public lands in the future. Pub T. 6 S., R. 86 W., Room 15019, Federal Building, 1961 lication of this notice has the effect of Secs. 1 to 10 inclusive. Stout Street, Denver, Colo. 80202. (segregating all the lands described in T. 6 S., R. 87 W., N ew Mexico P rincipal Meridian, C olorado [this notice Secs. 1 to 4 inclusive; from appropriation only un- MONTROSE & OURAY COUNTIES [¿er the agricultural land laws (43 U.S.C. Secs. 11 to 13 inclusive. toarts 7 and 9, 25 U.S.C. 334) and from The total area described aggregates ap T. 46 N„ R. 9 W., sale under section 2455 of the Revised Secs. 4, 5, and 8. proximately 147,000 acres of public lands. T. 47 N., R. 9 W., Statutes (43 U.S.C. 1171) and the lands 3. For a period of 60 days from the date Secs. 2 to 11, Inclusive; (shall remain open to all other applicable of publication of this notice in the F ed Secs. 14 to 22, inclusive; forms of appropriation, including the eral R egister, all persons who wish to Secs. 27 to 34, inclusive. [mining and mineral leasing laws. As used submit comments, suggestions, or objec T. 47 N„ R. 10 W., in this order, “public lands” means any tions in connection with the proposed Secs.' 1 to 9, inclusive; [lands withdrawn or reserved by Execu classification may present their views in Secs. 11 to 14, inclusive; tive Order No. 6910 of November 26,1934, writing to the District Manager, Bureau Secs. 17,18, 23, 24, and 25. as amended, or within a grazing district T. 47 N .,R . 11 W., of Land Management, Glenwood Springs, Secs. 1, 2, and 15. [established pursuant to the Act of June Colo. 81601. T. 48 N., R. 9 W„ 28, 1934 (48 Stat. 1269), as amended, 4, A public hearing on the proposed Secs. 18,19, and 20; which are not otherwise withdrawn or classification will be held at 10 a.m., Secs. 27 to 35, inclusive. [reserved for a Federal use or purpose. October 11, 1967, in the Eagle County T. 48 N., R. 10 W., 2. Public lands proposed for classificaCourthouse in Eagle, Colo. Secs. 5 to 9, inclusive; tion are located within the following de Sec. 11; E. I. R o w land, scribed Secs. 13 to 21, inclusive; areas and are shown on maps on State Director. Secs. 23 to 36, inclusive. file in the Glenwood Springs District T. 48 N„ R. 11 W„ [P.R. Doc. 67-11287; Piled, Sept. 26, 1967; ^Office, Bureau of Land Management, Secs. 1 to 29, inclusive; 8:46 a.m.] j Glenwood Springs, Colo. 81601; and Land Secs. 34, 35, and 36. Office, Bureau of Land Management, T. 48 N., R. 12^W., i Room 15019, New Federal Building, Den- [C—2286] Sec. 1; j ver, Colo. 80202. Secs. 12,13, and 14; COLORADO Sec. 24. Sixth Principal Meridian, Colorado T. 49 N., R. 10 W., EAGLE COUNTY Notice of Classification of Public Lands Secs. 6, 7, and 8; Secs. 17 to 20, inclusive; T.2S..R. 81 W., • for Multiple-Use Management Secs. 29 to 32, Inclusive. Secs. 4 to 8 inclusive. S eptem ber 12, 1967. T. 49 N., R. 11 W., T. 2 S., R. 82 W., Secs. 1 to 36, inclusive. Secs. 1 to 12 inclusive; 1. Pursuant to the Act of September 19, T. 49 N„ R. 12 W., Secs. 18,19, 30, 31. 1964 (43 U.S.C. 1411-18) and to the regu Secs 12,13,24, 25, and 36. T. 2 S., R. 83 W., % lations in 43 CFR Parts 2410 and 2411, Secs. 1 to 36 inclusive. the public lands within the areas de The total area of public lands described T. 2 S., R. 84 W., scribed below, together with tny lands aggregates approximately 90,768 acres. Secs. 1 to 26 inclusive; therein that may become public lands in 3. For a period of 30 days from the Secs. 28 to 32 inclusive; date of publication of this notice in the Secs. 34 to 36 inclusive. the future are hereby classified for mul F ederal R eg ister, interested parties may T. 2 S., R. 85 W., tiple-use management. Publication of Secs. 1 to 6 inclusive; this notice segregates all the described submit comments to the Secretary of the Secs. 9 to 15 inclusive; - lands from appropriation only under the Interior, LLM, 721, Washington, D.C. Sec. 18; agricultural land laws (43 U.S.C. Parts 20240 (43 CFR 2411.1-2(d)). Secs. 21 to 36 inclusive. 7 and 9, 25 U.S.C. 334) and from sale E . I. R o w l a n d , T. 2 S„ R. 86 W., under section 2455 of the Revised Stat Secs. 1 and 12. State Director. T. 3 S., R. 84 W., utes (43 U.S.C. 1171). The described [P.R. Doc. 67-11288; Filed, Sept. 26, 1967; Secs. 1 to 36 inclusive. lands shall remain open to all other appli 8:46 aon.] T. 3 S„ R. 85 W., cable forms of appropriation, including Secs. 1 to 23 inclusive; ''the mining and mineral leasing laws. As Secs. 27 to 33 inclusive. used herein, “public lands” means any Office of the Secretary T. 3 S„ R. 86 W., lands withdrawn or reserved by Executive Secs. 1 to 36 inclusive. Order No. 6910 of November 26, 1934, as DIRECTOR, BUREAU OF MINES T-3S., R. 87 W., amended, or within a grazing district es Secs, l, 1 2 , 1 3 , 24 (that part in Eagl< Delegation of Authority County), 25, and 36. tablished pursuant to the Act of June 28, T- 4 S„ R. 84 W., 1934 (48 Stat. 1269), as amended, which The following delegation of authority Secs. 6 to 8 inclusive; are not otherwise withdrawn or reserved to the Director, Bureau of Mines, regard Secs. 13 to 15 inclusive; for a Federal use or purpose. ing research contracts and grants and Secs. 17 to 36 inclusive. 2. No protests or objections were re issued pursuant to the authority of the ”•4 S., R, 85 W., ceived following publication of a notice Secretary found in Public Law 89-672 Secs. 1 to 36 inclusive. t-4S.,r . 86 W., of proposed classification (32 F.R. 9994 (80 Stat. 951) is a part of the Depart Secs. 1 to 36 inclusive. and 9995), or at the public hearing at mental Manual and the numbering is t-4S.,R. 87 W„ Montrose, Colo., which was held on Au that of the Manual: Secs- 2> H , 12, 13, 14, 23, 24, 25, 26, 35 gust 11,1967. Therefore, no changes have 215.2.1 Research contracts. The Direc- l5 f “ 36 (that part in Eagle County). been made in the list of lands included in -tor of the Bureau of Mines may enter •0 o«) R, 83 W,, the classification. The record showing the into scientific and technological research Secs. 28 to 31 inclusive. comments received and other informa contracts pursuant to Public Law 89-672 1 5 S., R.84 W., tion is on file and can be examined in and, with respect to any such contract t S® inclusive. M S., R.85 W„ the Montrose District Office, Highway involving $25,000 or less, may make the Secs. 1 and 2 ;’ 550 South, Montrose, Colo. 81401. The determinations specified in paragraph Secs. 6 to 18 inclusive; public lands affected by this classifica (11), subsection (c), of section 302 of the T inclusive. tion are located within the following de Federal Property and Administrative M S ..R . 86 W., scribed area and are shown on a map Services Act of 1949, as amended (41 ®ecs. 1 to 36 inclusive. designated by Serial No. C-2286 in the U.S.C. sec. 252c (ID). FEDERAL REGISTER, V O L 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 No. 187—Pt. I-----» 13532 NOTICES 215.2.2 Procedures on contracts in ex Application received by Commissioner cess of $25,000—A. Referrals. All pro DEPARTMENT OF COMMERCE of Customs: August 21,1967. posed contracts for research under Public Law 89-672 which involve more than Business and Defense Services Docket No. 68-00084-33-02400. Appli-i $25,000 shall be referred to the Assist Administration cant: California State College at Long ant Secretary—Mineral Resources for re Beach, 6101 East Seventh Street, Long ] view and approval. However, the Bureau AMES LABORATORY, IOWA STATE Beach, Calif. 90801. Article: Anthropo UNIVERSITY ET AL. metric Instruments consisting of: An- j of Mines shall be responsible for the sub thropometer-No. 101, Sliding Caliper- j mission of such contracts to the Congress Notice of Applications for Duty-Free No. 104, Spreading Caliper, rounded-No. in compliance with the statute and shall Entry of Scientific Articles 106, Steel Tape, 2000mm-No. 110, Small be the contracting office. Coordinate Caliper-No. 115, Goniometer B. Waiting period. Contracts in excess The following are notices of the receipt (attachable)-No. 117, Cubic Craniophor- of $25,000 may not be executed under of applications for duty-free entry of No. 201, Diagraph-No. 202, Osteometric Public Law 89-672 prior to 30 calendar scientific articles pursuant to section Table-No. 217, Mandibulometer-No. 218, days from the date the contract is sub 6(c) of the Educational, Scientific and Manufacturer: Siber Hegner & Co. LtdJ mitted to the Senate and the House. Such Cultural Materials Importation Act of Switzerland. Intended use of article!! calendar days do not include days on 1966 (Public Law 89-651; 80 Stat. 897). Interested persons may present their Applicant states: which either the Senate or the House is The anthropometric instruments will be not in session because of an adjournment. views with respect to the question of used as teaching devices in a laboratory 215.2.3 Showing of contractor capa whether an instrument or apparatus of course in physical anthropology devoted to bility. The contracting office shall observe equivalent scientific value for the pur the study of the human skeleton. Through the general policies and procedures on poses for which the article is intended to laboratory exercises, stu d en ts will learn how contracting prescribed in departmental be used is being manufactured in the to use the instruments for the measurement: regulations. In addition, it must be as United States. Such comments must be and analysis of hu m an skeletal material. sured that the contractors have the capa filed in triplicate with the Director, Of Application received by Commissioned of bility of doing effective work as required fice of Scientific and Technical Equip Customs: August 21,1967. by section 1 (b) of the Act. ment, Business and Defense Services Administration, Washington, D.C. 20230, Docket No. 68-00086-30-16500. Appli 215.2.4 notification to science adviser. within 20 calendar days after date on cant: Physics Department, University of To enable the Science Adviser to coordi which this notice of application is pub Delaware, Newark, Del. 19711. Article: nate research contracts under Public Law Special ultra-high vacuum cold finger lished in the F ederal R egister. with Helium cryostat. Manufacturer: 89-672, a Notice of Research Project Regulations issued under cited Act, Leybold: West Germany. Intended use of (NRP) shall be prepared in accordance published in the February 4, 1967 issue article: The article will be used to deter with 761 DM 1, Science Information Ex of the F ederal R egister, prescribe the mine bound excitons studies at helium change, and forwarded to the Office of requirements applicable to comments. temperatures in cadmium sulfide. Appli A copf of each application is on file, cation received by Commissioner of the Science Adviser. The NRP shall be and may be examined during wdifiary clearly labeled at the top of the form, Customs: August 21,1967. Commerce Department business hotirs at Docket No. 68-00087-33-46040. Appli Contract under Public Law 89-672, and the Office of Scientific and Technical cant: U.S. Department of Agriculture, shall be in addition to the distribution of Equipment, Department of Commerce, Agricultural Research Service, Crops Re NRP’s required by 761 DM 1. Room 5123, Washington, D.C. search Division, Plant Industry Station, A. Contracts in excess of $25,000. The A copy of each comment filed with Beltsville, Md. 20705. Article: Electron the Director of the Office of Scientific Microscope, Model EM-200 with power NRP, together with a copy of all material and Technical Equipment must also be to be transmitted to Congress, shall be supply cabinet, specimen-chamber cool mailed or delivered to the applicant, or ing device, heated objective aperture forwarded to the Science Adviser at the its authorized agent, if any, to whose with power supply, closed circuit water time that the contract is referred to the application the comment pertains; and cooling unit with automatic water shut Assistant Secretary—Mineral Resources. the comment filed with the Director must off. Manufacturer: N. V. Philips, Hol B. Contracts not in excess of $25,000. certify that such copy has been mailed land. Intended use of article: Applicant or delivered to the applicant. states: The NRP, without supporting documen Docket No. 68-00082-65-46040. Appli tation, shall be forwarded to the Science The instrument for which free entry is re cant: Ames Laboratory, Iowa State quested will be used for determination of Adviser at the time that the contract University, Ames, Iowa 50010. Article: both gross particle morphology and particle is executed by the Bureau. Electron Microscope, Model HU-125 in size and for studies of internal particle 215.2.5 Grants. With respect to prob cluding heating-tilting stage model HK- structure, including studies of virus synthesis: lems related to the programs of the Bu 2BM and cooling stage model HC-2. and degradation. Development of viral in Manufacturer: Hitachi, Ltd., Japan. clusions will also be studied within the cell. reau authorized by statute, the Director Intended use of article: Applicant states: The instrument will also be used to study subcellular structure including mitochondrai, of the Bureau of Mines may make grants The article is intended to be used to study for the support of basic scientific re the relation between the properties of metals plastids, and other cell organelles. search to nonprofit institutions of higher and alloys and their microstructural char Application received by Commissioner of education or to nonprofit organizations acteristics. Customs: August 22,1967. whose primary purpose is the conduct of Application received by Commissioner Docket No. 68-00091-00-46040. Appli scientific research pursuant to 42 U.S.C. of Customs: August 17, 1967. cant: State University of New York, Al sees. 1891 and 1892. Docket No. 68-00083-33-39200. Appli bany, N.Y. 12203. Manufacturer: Siemens cant: The Cancer Foundation of Santa Aktiengesellschaft, West Germany. Arti 215.2.6 Redelegation. The authority Barbara, 2315 Bath Street, Santa Bar cle: Object Cooling Device, Model no. granted in 215 DM 2.1 and 2.5 may be bara, Calif. 93105. Article: Implantation 171 007a, Electron Microscope Accessory. redelegated to the Assistant Director— Gun, Royal Marsden Gold Grain Model Intended use of article: The article wi Administration, Bureau of Mines. Mark IH with forceps and sterilizer box. be used with an electron microscope Manufacturer:. Medical Supply Associa cool the specimens below room tempera D avid S. B lack, tion (International) Ltd., United King ture. Application received by CoI?ml ’ Under Secretary of the Interior. dom. Intended use of article: Applicant sioner of Customs: August 25, 1967. S eptember 20, 1967. N states: Docket No. 68-00092-00-46040. Appli [PR. Doc. 67-11289; Piled, Sept. 26, 1967; Implaht irradiated gold grains in certain cant: State University of New York, * 8:46 a.m.] cancers. bany, N.Y. 12203. Article: Shutter xor FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13533 iemens Electron Microscope, Model 171 In limiting the Southern Tier Com already pending in other route cases, we 8 Manufacturer: Siemens Aktienge- petitive Nonstop Investigation (Order will impose certain pretrial restrictions. llschaft. Intended use of article : The E-24847, Mar. 10, 1967) to certain desig First, so that no new Atlanta authority Article will be used to expose photoplates nated markets, we stated that this ap will be considered, we will prohibit single V the Siemens Elmiskop electron micro- proach would allow the Board to consider plane service between Atlanta and any Vope. Application received by Commls- in separate proceedings service proposals of the points at issue in this proceeding. Wer of Customs: August 25,1967. for other markets in the same geographi Second, to avoid conflict with the South f Docket No. 68-00095-00-77040. Appli cal area.1 Accordingly, after reviewing ern Tier case, we will prohibit single cant: Massachusetts Institute of Tech the traffic and service in the above mar plane service between Tampa or Miami nology, 77 Massachusetts Avenue, Cam- kets we have decided to institute this and Los Angeles/ Third, we will proscribe fedge, Mass. 02139. Article: Mass Spec proceeding. the operation of turnaround service in trometer Replacement Part, Special MS Memphis, Huntsville, and Birming the Birmingham-Huntsville, Birming- 101. Manufacturer: Hitachi, Ltd., Japan. ham all filed petitions in the Southern ham-Memphis, and Huntsville-Memphis Intended use of article: Applicant states: Tier case seeking improved service. Al local markets. though we have not included in that Interested applicants are requested to I Pot use In place of T-2N Ion Source In a file new applications in conformity with ¡Special Hitachi Perkin-Elmer Single Focus proceeding issues of service between ing Mass Spectrometer RMU-6D those cities and the West Coast, there the scope of this proceeding within the is gn apparent need for such service time hereinafter established. Application received by Commissioner of which we will consider in this case. Accordingly, it is ordered, That; customs: August 28, 1967. The Memphis-Los Angeles market, li Pursuant to sections 204(a) and 401 Charley M. D enton, which in 1966 generated an average of (g) of the Federal Aviation Act of 1958, Director, Office of Scientific and 167 passengers per day,1 is presently as amended an investigation designated Technical Equipment, Busi served by one carrier, American Airlines, as the Memphis/Huntsville/Birming- ness and Defense Services Inc. While American provides the market ham-Los Angeles Service Investigation, Administration. with four nonstop and three one-stop be and it hereby is instituted in Docket flights a day, all of these flights are part 19023 to determine whether the public [FA, Doc. 67-11279; Filed, Sept. 26, 1967; of long-haul services which originate or convenience and necessity require and 8:45 ajn .] terminate on the East Coast and include the Board should order the alteration, stops at such points as Dallas, Nashville, amendment, or modification of air car and Louisville.* Thus, it appears that rier certificates so as to authorize new or there is additional flow traffic moving on improved air service in the Memphis, CIVIL AERONAUTICS BOARD the flights operating between Memphis Tenn.-Los Angeles, Calif.; Huntsville, [Docket No. 18828 etc.] and Los Angeles and the total volume of Ala.-Los Angeles; and Birmingham, Ala.- traffic in this market may warrant ad Los Angeles markets; DENVER-TWIN CITIES SERVICE ditional service. 2. Any authority awarded in this pro INVESTIGATION No carrier is authorized to operate be ceeding shall be subject to restrictions Notice of Prehearing Conference tween Huntsville and Los Angeles. Hunts prohibiting (a) new single-plane service ville, of course, is a key center of this between Atlanta, on the one hand, and Notice is hereby given that a prehear country’s aerospace and defense activi Birmingham, Huntsville; Memphis, or ing conference in the above-entitled ties, and in 1966, the Huntsville-Los Los Angeles, on the other; (b) new investigation is assigned to be held on Angeles market averaged 66 passengers single-plane service between Miami/Fort October 17, 1967, at 10 a.m., e.d.s.t., in per day. In view of this volume of traffic, Lauderdale or Tampa/St. Petersburg/ Room 1027, Universal Building, 1825 we believe that there may be a need for Clearwater, Fla., on the one hand, and Connecticut Avenue NW., Washington, direct service in this market. Los Angeles, on the other; and (c) turn D.C., before Examiner Barron Fredericks. Birmingham, a major industrial and around service between any two of the I In order to facilitate the conduct of manufacturing city of the South, cur points Birmingham, Huntsville, and „the conference interested parties are in rently receives no direct service to and Memphis; structed to submit to the examiner and from Los Angeles. Despite this lack of 3. The restrictions specified in order other parties on or before October 9, direct service, this market generated 32 ing paragraph 2, above, are stated with 1967, (1) proposed statement of issues; daily passengers in 1966. It appears that out prejudice to the right of any party ¡(2) proposed stipulations; (3) requests a substantial yolume of Birmingham to advance during the course of the pro for information; (4) statements of posi traffic is moving via backhaul connec ceeding appropriate evidence or argu tions of parties; and (5) proposed tions at Atlanta. Thus, direct Birming- ment bearing on the need for more procedural dates. ham-Los Angeles service might reduce stringent restrictions or limitations; Dated at Washington, D.C., Septem congestion at Atlanta’s busy airport 4. Applications, motions to consolidate ber 22, 1967. facilities and could provide the public applications, and motions or petitions with more convenient service. Further seeking modification or reconsideration [seal] T homas L. W renn, more, Birmingham traffic could serve as of this order shall be filed no later than Associate Chief Examiner. support for the other services at issue in 20 days from the service date of this IF.R. Doc. 67-11338; Filed, Sept. 26; 1967; this proceeding, and, in this way, the order, and answers to such pleadings 8:49 a.m.] carrier or carriers granted new authority shall be filed no later than 10 days there should be able to mount a full pattern of after; service in all the markets under inves 5. This proceeding shall be set down [Docket No. 19023; Order No. E-25721] tigation. for hearing before an examiner of the w E M P H I S/HUNTSVILLE/BIRMING- In order to maintain the focus of this Board at a time and place hereafter HAM-LOS ANGELES SERVICE IN proceeding on the markets discussed designated; and VESTIGATION above and to prevent the trial of issues 6. A copy of this order be served on American Airlines, Inc., Delta Air Lines, O r d e r Instituting Investigation 1 Recently, we Instituted the Dallas/Fort Inc., Eastern Air Lines, Inc., Southern Worth-Phoenix Nonstop Case (Order E-25173, Airways, Inc., and United Air Lines, Inc., Adopted by the Civil Aeronautics May 16, 1967) and the Service to Albuquer and the cities enumerated in ordering ®oard at its office in Washington, D.C. que Case (Order E-25189, May 24, 1967). paragraph , above. I p ,21st day of September, 1967. 2 Estimated from traffic compiled in Com 1 v reasons set forth below, the petition Among Domestic Air Carriers. The Memphis-Los Angeles market has grown sub 4 With regard to the Miami-Los Angeles ti?aH * decided to institute an inves- stantially. The 1966 level of traffic represents and Tampa-Los Angeles markets, one-stop or iJ°n *° determine the need for nev a 48 percent increase in traffic over the 1964 single-plane service between Miami or Tampa / ™.proved service in the Memphis-Lo: level of 113 passengers per day. and Los Angeles via Huntsville, Memphis, or gjlLrf’ Iiuntsville-Los Angeles, anc 8 Official Airline Guide, Quick Reference Birmingham could constitute good com ngham-Los Angeles markets. Edition, Ju n e 1, 1967. petitive service.' FEDERAL REGISTER, V O L 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13534 NOTICES This order will be published in the conferences, shippers, and the public 9. The Commission should pursue re F ederal R egister. conferences, shippers, and the public that quests for legislative authority to waive the Commission will consider and take the collection of Undercharges in certain ] By the Civil Aeronautics Board. such action as may be appropriate on an instances Where it is inequitable to ask [ seal] M abel M cCart, ad hoc basis with respect to the recom the shipper to pay the legal and effective Acting Secretary. mendations and issues contained in the tariff rate. [F.R. Doc. 67-11339; Filed, Sept. 26, 1967; report in the light of comments received 10. The Commission should continue i 8:49 a.m .] and further staff analysis. its present program of maintaining close | Notice is hereby given that any inter touch With the development of container-1 ested carrier, conference, shipper, or ization. [Docket No. 18840] * member of the public is invited to sub 1 1 . The staff of the Commission should STEPHENS INC., PURDUE AERONAU mit comments on the following recom- analyze minutes filed pursuant to Gen- ] TICS CORP., AND PURDUE UNI jmendations advanced in the investiga eral Order 18 for the purpose of ascer-l VERSITY tive report: taining the influence of conference com- j R ecommendations to th e C o n fer en ces mittees on ultimate decisions and to] Notice of Prehearing Conference make sure that minutes of committee] i f f Conferences should do more to dis meetings as well as those of regular con-1 Application for approval under sec pel the secrecy that sometimes surrounds ference meetings are filed. tion 408 of the Federal Aviation Act of their activities. -• 1958, as amended, of the acquisition of 12. Thé Commission should consider] control of an air carrier and for transfer 2. The conferences should make ef requesting legislation to extend and pursuant to section 401 of the Federal forts to improve their tariffs. strengthen section 19 of the Merchant] Aviation Act of 1958, as amended, of 3. Conferences should review their Marine Act, 1920. certificates to a new corporation. basic agreements to remove vague, am 13. The Commission should request Notice is hereby given that a prehear biguous, or obsolete language. legislation which would limit to a term ing conference in the above-entitled mat 4. The conferences should stajf the of years the effectiveness of Commis-] ter is assigned to be held at 10 a.m., conference office so as to bring to bear sion approval of conference agreements e.d.s.t., in Room 211, Universal Building, more scientific information and methods and other similar section 15 agreements. ] 1825 Connecticut Avenue NW., Washing in the ratemaking process. 14. The economic studies heretofore ton, D.C., on October 17, 1967, before 5. The conferences should make recommended should include the ques Examiner Edward T. Stodola. greater use of cargo inspection services. tion as to whether the conferences should be broken down so as to cover a narrower I Dated at Washington, D.C., September R ecommendations A ddressed to the C o m m iss io n range of ports. 22,1967. Any comments or requests for copies [ seal] T h o m as L . W r e n n , General recommendations. 1. The of the Investigative Report should be j Associate Chief Examiner. Commission should continue its efforts addressed to the Secretary, Federal Mari [F.R. Doc. 67-11340; Filed, Sept. 26, 1967; in cooperation with the Department of time Commission, Washington, D.C. j 8:49 a .m 4 ' Commerce in the area of shipper edu 20573. All comments should be submitted j cation. in an original and 15 copies and mustj 2. The Commission should continue its be received by the Commission by De efforts to identify important commodi cember 8, 1967. FEDERAL MARITIME COMMISSION ties and the staff should endeavor to Fact Finding Investigation No. 6 is keep currently advised as to the particu hereby terminated. [Fact Finding Investigation No. 6] lar circumstances surrounding the mar STEAMSHIP CONFERENCES; EFFECTS ket in these important commodities. By the Commission. 3. The Commission should consult T homas Lisi, ON FOREIGN COMMERCE OF THE with other interested Federal agencies UNITED STATES such as the Antitrust Division of the De Secretary. Report of Investigative Officer partment of Justice and the Federal [FR. Doe. 67-11268; Filed, Sept. 26, 1967; Trade Commission in order to develop a 8:45 a.m.] By F ederal R egister publication of program, hopefully with safeguards sat November 9, 1963 (28 FR. 12066), the isfactory to these agencies, to permit Federal Maritime Commission instituted shipper groups to bargain collectively MALAYSIA OVERSEAS LINES, LTD. a nohadjudicatory fact finding investi with the steamship conferences. (ORIENT OVERSEAS LINE) gation to determine the effect of the 4. The Commission should undertake Indemnification of Passengers fori steamship conference system upon ocean an economic study of rate structure pat freight rates and our foreign commerce. terns as between the several coastal Nonperformance of Transportation; j Mr. Ralph P. Dickson was designated ranges of the United States. Notice of Application for Certificate j Investigative Officer. Comments were 5. The Commission should shift the (Performance) , solicited from shippers and exporters, emphasis on the study of rate disparity Notice is hereby given that pursuant! and extensive hearings were held at problems toward giving priority to the to the provisions of section 3, Public Law which testimony was received from rep disparity of rates from the United States 89-777 (80 Stat. 1357, 1358), and Federal resentatives of steamship conferences, as compared with the rates from foreign Maritime Commission General Order ¿«1 commercial shippers, and Government sources of supply to the same destination. (46 CFR Part 540) the following persons] offioials. 6. The Commission should give pri have applied to the Federal Maritime j The final report of the Investigative ority to the improvement of statistics on Commission for a Certificate of Financial, Officer in Fact Finding Investigation No. ocean freight movements. Responsibility for Indemnification 6 was submitted to the Commission on 7. The staff of the Commission should Passengers for Nonperformance j August 16, 1967. keep currently informed in regard to Transportation: On September 19, 1967, the Commis overall economic conditions affecting sion took the following action with re shipping. Malaysia Overseas Lines, Ltd. (Orient Over j spect to the report: (1) Decided to re 8. On the basis of the record made in seas L in e ). lease the report of the Investigative Offi Docket 65-13, the Commission should Dated: September 22,1967. cer, without signifying its adoption in give consideration to the effect of rates T homas Lisi, whole or in part; (2) decided to solicit on Government cargo or Government Secretary. comments thereon; (3) decided to ter generated cargo on commercial rates and minate the Investigation; and (4) de the movement of commercial cargoes in [F.R. Doc. 67-11301; Filed, Sept. 26, 10®7,| cided to advise the interested carriers, the same trades. 8:47 a.m.] FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13535 MALAYSIA OVERSEAS LINES, LTD. C.S. Pacific Coast including Alaska and amended (39 Stat. 733, 75 Stat. 763, 46 (ORIENT OVERSEAS LINE) ET AL. Hawaii with transhipment at Yokohama U.S.C. 814). or Kobe, Japan, in accordance with the Interested parties may inspect and ob Application for Certificate of Financial terms and conditions set forth in the tain a copy of the agreement at the Responsibility- To Meet Liability In agreement. Washington office of the Federal Mari curred for Death or Injury to Passen Dated: September 21,1967. time Commission, 1321 H Street NW., Room 609; or may inspect agreements gers or Other Persons on Voyages; By order of the Federal Maritime at the offices of the District Managers, Notice of Application for Certificate Commission. New York, N.Y., New Orleans, La., and ! (Casualty) T hom as L i s i , San Francisco, Calif. Comments with Notice is hereby given that pursuant to - Secretary. reference to an agreement including a the provisions of section 2, Public Law [F.R. Doc. 67-11303; Filed, Sept. 26, 1967; request for hearing, if desired, may be 89-777 (80 Stat. 1357, 1358) and Federal 8:47 a.m.] submitted to the Secretary, Federal Maritime Commission General Order 20, Maritime Commission, Washington, D.C. 20573, within 10 days after publication of Amendment 2 (46 CFR Part 540) the CONCORDIA LINE A/S FRED. following persons have applied to the this notice in the F ederal R eg ister . A Federal Maritime Commission for a Cer OLSEN & CO. copy of any such statement should also be forwarded to the party filing the tificate of Financial Responsibility To Notice of Agreement Filed Meet Liability Incurred for Death or In agreement (as indicated hereinafter), jury to Passengers or Other Persons on for Approval and the comments should indicate that Voyages: Notice is hereby given that the follow this has been done. Malaysia Overseas Lines, Ltd. (Orient Over ing agreement has been filed with the Notice of agreement filed for approval seas Line). Commission for approval pursuant to by: Hanseatic Schiffahrts-Gesellschaft m.b.H. & section 15 of the Shipping Act, 1916, as Mr. Thomas K. Roche, Haight, Gardner, Co. amended (39 Stat. 733, 75 Stat. 763, 46 Poor and Havens, 80 Broad Street, New Deutsche Atlantik Schiffahrts-Gesellschaft U.S.C. 814). York, N.Y. 10004. m.b.H. & Co. Hanseatic Line, Inc. (German Atlantic Line Interested parties may inspect and ob Agreement 8358-2, as amended, be GAL). tain a copy of the agreement at the tween Concordia Line—Great Lakes Washington office of the Federal Mari Service, and Niagara Line, modifies the Dated: September 22, 1967. time Commission, 1321 H Street NW., basic agreement (1) to extend its geo T ho m as L i s i , Room 609; or may inspect agreements at graphic scope to include Gibraltar and Secretary. the offices of the District Managers, New Black Sea ports and Atlantic ports of York, N.Y., New Orleans, La., and San [F.R. Doc. 67-11302; Filed, Sept. 26, 1967; Portugal, Spain, and Morocco; (2) to 8:47 a.m.] Francisco, Calif. Comments with refer extend the period of time required for ence to an agreement including a re cancellation of the agreement by either quest for hearing, if desired, may be sub party from 3 months to 2 years, such A. P. MOLLER-MAERSK LINE AND mitted to the Secretary, Federal Mari notice not to be given earlier than Jan KAWASAKI KISEN KAISHA, LTD. time Commission, Washington, D.C. uary 1, 1970; and (3) to amend Article 7 20573, within 10 days after publication thereof to except trade to and from ports Notice of Agreement Filed of this notice in the F ederal R eg ister . in Canada from the provisions of this for Approval A copy of any such statement should also article. be forwarded to the party filing the Notice is hereby given that the follow agreement (as indicated hereinafter), Dated: September 21,1967. ing agreement has been filed with the and the comments should indicate that By order of the Federal Maritime Commission for approval pursuant to this has been done. Commission. section 15 of the Shipping Act, 1916, as Notice of agreement filed for approval T h om as L i s i , amended (39 Stat'. 733, 75 Stat. 763r 46 by: U.S.C. 814). Secretary. Interested parties may inspect and ob Mr. Thomas K. Roche, [F.R. Doc. 67-11305; Filed, Sept. 26, 1967; Haight, Gardner, Poor and Havens, 80 8:47 a.m.] tain a copy of the agreement at the Broad Street, New York, N.Y. 10004. Washington office of the Federal Mari time Commission, 1321 H Street NW., Agreement 8351-2, as amended, be Room 609; or may inspect agreements at tween Concordia Line A/S and Fred. FJELL LINE JOINT SERVICE the offices of the District Managers, New Olsen & Co., modifies the basic agreement York, N.Y., New Orleans, La., and San (1) to extend its geographic scope to in Notice of Agreement Filed Francisco, Calif. Comments with refer clude ports of Gibraltar and the Black for Approval ence to an agreement including a request Sea and Atlantic ports of Portugal, Spain, Notice is hereby given that the follow for hearing, if desired, may be submitted and Morocco, and (2) to delete the ing agreement has been filed with the to the Secretary, Federal Maritime Com provisions of Article 8 thereof. Commission for approval pursuant to mission, Washington, D.C. 20573, within Dated: September 21, 1967. section 15 of the Shipping Act, 1916, as 20 days after publication of this notice amended (39 Stat. 733, 75 Stat. 763, 46 m the F ederal R eg ister. A copy of any By order of the Federal Maritime Com U.S.C. 814). such statement should also be forwarded mission. Interested parties may. inspect and to the party filing the agreement (as T h om as L i s i , obtain a copy of the agreement at the indicated hereinafter) and the comments Secretary. Washington office of the Federal Mari vr • *n<*icate that this has been done. [F.R. Doc. 67-11304; Filed, Sept. 26, 1967; time Commission, 1321 H Street NW., Notice of agreement filed for approval 8:47 a.m.] by; Room 609; or may inspect agreements at the offices of the District Managers, ^ A. A. de Giglio, ‘K’ Line New York, Inc., CONCORDIA LINE— GREAT LAKES New York, N.Y., New Orleans, La., and Conference Departm ent, 29 Broadway, New San Francisco, Calif. Comments with ref York, N.Y. 10006. SERVICE AND NIAGARA LINE erence to an agreement including a re Agreement 9533-1, between A. P. Notice of Agreement Filed quest for hearing, if desired, may be jJ®~®r*Maersk Line and Kawasaki Kisen for Approval submitted to the Secretary, Federal i™isha, Ltd., adds Persian Gulf as an out Maritime Commission, Washington, D.C. bid part to the basic agreement, which Notice is hereby given that the follow 20573, within 10 days after publication _ the movement of general car- ing agreement has been filed with the of this notice in the F ederal R eg ister. nnrfTer through bills of lading from Commission for approval pursuant to A copy of any such statement should ts in India and Ceylon to ports on the section 15 of the Shipping Act, 1916, as also be forwarded to the party filing the FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13536 NOTICES agreement (as Indicated hereinafter), NORTH ATLANTIC BALTIC FREIGHT York, N.Y., New Orleans, La., and San and the comments should indicate that CONFERENCE Francisco, Calif. Comments with refer this has been done. ences to an agreement including a re Notice of agreement filed for approval Notice of Agreement Filed quest for hearing, if desired, may be sub by: for Approval mitted to the Secretary, Federal Thomas K. Roche, Esquire, Haight, Gardner, Notice is hereby given that the follow Maritime Commission, Washington, D.C. Poor and Havens, 80 Broad Street, New ing agreement has been filed with the 20573, within 20 days after publication of York, N.Y. 10004. Commission for approval pursuant to sec this notice in the F ederal Register, a tion 15 of the Shipping Act, 1916, as copy of any such statement should also Agreement 7763-5, between the car be forwarded to the party filing the riers comprising the Pjell Line joint serv amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814). agreement (as indicated hereinafter) and ice, extends the geographic scope of the the comments should indicate that this basic agreement to include Morocco, Interested parties may inspect and has been done. Gibraltar, and Black Sea ports in the obtain a copy of the agreement at the eastbound and westbound trades which Washington office of the Federal Seatrain Lines, Inc., and Hamburg- they serve. Maritime Commission, 1321 H Street Sudamerikanische Dampfschifffahrts- Gesellschaft Eggert & Amsinck. Dated: September 21,1967. NW., Room 609; or may inspect agree ments at the offices of the District Man Notice of agreement filed for approval By order of the Federal Maritime agers, New York, N.Y., New Orleans, La., by: Commission. and San Francisco, Calif. Comments with Mr. Joseph Hodgson, Jr., General Traffic Man T h o m as L i s i , reference to an agreement including a ager, Seatrain Lines, Inc., 595 River Road, Secretary. request for hearing, if desired, may be Edgewater, N.J. 07020. [P.R. Doc. 67-11306; Piled, Sept. 26, 1967; submitted to the Secretary, Federal Agreement 9658, between Seatrain 8:47 a.m .] Maritime Commission, Washington, D.C. Lines, Inc., and Hamburg-Sudamerikan 20573, within 10 days after publication of ische Dampfschifffahrts-Gesellschaft this notice in the F ederal R e g ister . A NIAGARA LINE JOINT SERVICE Eggert & Amsinck, establishes a through copy of any such statement should also billing arrangement for movement of be forwarded to the party filing the general cargo from Brazil, Argentina, and Notice of Agreement Filed agreement (as indicated hereinafter), for Approval Uruguay to Puerto Rico, with transship and the comments should indicate that ment at the port of New York in accord-' Notice is hereby given that the follow this-has-been done. ance with terms and conditions set forth ing agreement has been filed with the Notice of agreement filed for approval in the agreement. Commission for approval pursuant to by: Dated: September21,1967. section 15 of the Shipping Act, 1916, as Mr. Burton H. White, Burlingham Under amended (39 Stat. 733, 75 Stat. 763, 46 wood Barron Wright and White, 25 Broad By order of the Federal Maritime Com U.S.C. 814). way, New York, N.Y. 10004. mission. Interested parties may inspect and ob Agreement 7670-3, between the mem T h om as Lisi, tain a copy of the agreement at the ber lines of the North Atlantic Baltic Secretary. Washington office of the Federal Mari Freight Conference, modifies Article IX [F.R. Doc. 67-11309; Filed, Sept. 26, 1967; time Commission, 1321 H Street NW., of the basic agreement to provide that 8:47 a.m.] Room 609; or may inspect agreements any Conference member which is a party at the offices of the District Managers, to Agreement 9498, as amended, may (1) New York, N.Y., New Orleans, La., and charter to Wallenius Line, on any terms San Francisco, Calif. Comments with which may be agreed upon between them, DEPARTMENT OF AGRICULTURE reference to an agreement including a space in any vessel operated under au request for hearing, if desired, may be thority of such Agreement for the car Consumer and Marketing Service submitted to the Secretary, Federal riage only of set-up, packed, or unpacked HANDLING OF NAVEL ORANGES Maritime Commission, Washington, D.C. automobiles, trucks, and house trailers, 20573, within 10 days after publication and (2) shall be entitled to represent GROWN IN ARIZONA AND DESIG of this notice in the F ederal R eg ister. A Wallenius Line solely in respect to the NATED PART OF CALIFORNIA copy of any such statement should also aforesaid commodities and to permit its Order Approving Project for be forwarded to the party filing the agents, operators, or managers to do so. agreement (as indicated hereinafter), Marketing Research and the Comments should indicate that Dated: September 21, 1967. Pursuant to the provisions of the mar- this has been done. By order of the Federal Maritime Com ing agreement, as amended, and Or- Notice of agreement filed for approval mission. • No. 907, as amended (7 CFR Part by: T h o m as L i s i , [), regulating the handling of Navel Thomas K. Roche, Esquire, Haight, Gardner, Secretary. inges grown in Arizona and designated Poor and Havens, 80 Broad Street, New [F.R. Doc. 67-11308; Filed, Sept. 26, 1967; :t of California, éffective under the York, N.Y. 10004. 8:47 a.m.J ilicable provisions of the Agricultural Agreement 8067-4, between the car .rketing Agreement Act of 1937, as riers comprising the Niagara Line Joint ended (7 U.S.C. 601-674), continua- Service, amends the basic agreement (1) SEATRAIN LINES, INC., ET AL. a of the marketing research project, ring of the Navel Orange Rind as to extend its geographic scope to include Notice of Agreement Filed Lated to Rind Staining and Other Rina Gibraltar, Black Sea ports, and Atlantic for Approval ality Factors,” proposed for the 19t>{- Coast ports of Portugal, Spain and Mo Notice is hereby given that the follow fiscal year by the Navel Orange A - rocco; and (2) to except the trade to and ing agreement has been filed with the nistrative Committee (establisnea from Canadian ports, from the provi Commission for approval pursuant to rsuant to the provisions of the saia sions of Article 9 thereof. section 15 of the Shipping Act, 1916, as rketing agreement and order). amended (39 Stat. 733, 75 Stat. 763, 46 •eby approved. Such project sriaii Dated: September 21,1967. U.S.C. 814). idueted by the University of Caliior- , at Riverside in conjunction witnsaiu By order of the Federal Maritime Interested parties may inspect and ob Commission. nmittee, in accordance with said m ' tain a copy of the agreement at , the ing agreement and order, and as T ho m as L i s i , Washington office of the Federal Mari Secretary. time Commission, 1321 H Street NW., sd in the proposed project, witn such [F.R. Doc. 67-11307; Filed, Sept. 26, 1967; Room 609; or may inspect agreements at jenditure directly related to proj' 8:47 a.m .] the office of the District Managers, New during the period November 1» 1 ' FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13537 through October 31, 1968, not to exceed mission jurisdiction, as set forth in Ap spondents shall each execute and file $20,000. pendix A hereof. under its above-designated docket num The proposed changed rates and ber with the Secretary of the Commission Dated: September 21,1967. charges may be unjust, unreasonable, un its agreement and undertaking to comply P aul A. Nicholson, duly discriminatory, or preferential, or with the refunding and reporting pro Deputy Director, Fruit and Veg otherwise unlawful. cedure required by the Natural Gas Act etable Division, Consumer and The Commission finds: It is in the pub and § 154.102 of the regulations there Marketing Service. lic interest and consistent with the Nat under, accompanied by a certificate [F.R. Doc. 67-11299; Piled, Sept. 26, 1967; ural Gas Act that the Commission enter showing service of copies thereof upon 8:47 a.m.] upon hearings regarding the lawfulness all purchasers under the rate schedule of the proposed changes, and that the involved. Unless Respondents are ad supplements herein be suspended and vised to the contrary within 15 days after their use be deferred as ordered below. the filing of their respective agreements FEDERAL POWER COMMISSION The Commission orders: and undertakings, such agreements and (A) Under the Natural Gas Act, par undertakings shall be deemed to have [Docket Nos. RI68—116 etc.] ticularly sections 4 and 15, the regula been accepted. ASHLAND OIL & REFINING CO. tions pertaining thereto (18 CFR Ch. I) (C) Until otherwise ordered by the ET AL. and the Commission’s rules of practice Commission, neither the suspended sup and procedure, public hearings shall be plements, nor the rate schedules sought Order Providing for Hearing on and held concerning the lawfulness of the to be altered, shall be changed until Suspension of Proposed Changes in proposed changes. disposition of these proceedings or ex (B) Pending hearings and decisions piration of the suspension period. Rates, and Allowing Rate Changes thereon, the rate supplements herein are (D) Notices of intervention or peti To Become Effective Subject to suspended and their use deferred until tions to intervene may be filed with the Refund 1 date shown in the “Date Suspended Un Federal Power Commission, Washington, S eptember 14, 1967. til” column, and thereafter until made D.C. 20426, in accordance with the rules The Respondents named herein have effective as prescribed by the Natural Gas Act: Provided, however, That the of practice and procedure (18 CFR 1.8 filed proposed changes in rates and and 1.37(f)) on or before November 1, charges of currently effective rate sched supplements to the rate schedules-filed by Respondents, as set forth herein, shall 1967. ules for sales of natural gas under Com become effective subject to refund on the date and in the manner herein By the Commission. 1Does not consolidate for hearing or dis prescribed if within 20 days from the [seal! G ôrdon M. G rant, pose of the several matters herein. date of the issuance of this order Re Secretary. Appendix A Effective Cents per Mcf s. Rate in - Rate Sup Amount Date date Date sus- Docket Respondent sched ple Purchaser and producing area of annual filing No. unless pended ject to ule ment increase tendered sus- until— Rate in Proposed refund in No. No. -pended effect increased docket rate Nos. SI68-116-. Ashland Oil & Re 155 2 Arkansas Louisiana Gas Co. (East $15 8-17-67 9 9-17-67 »9-18-67 12.0 «»12.015 fining Co., Post Gremlin Field, Garfield County, Office Box 18695, Okla.) (Oklahoma“ Other" Area). Oklahoma City, Okla. 73118...... do...... 159 8 Northern Natural Gas Co. (North 35 8-17-67 9 9-17-67 »9-18-67 18.5 «»18.515 RI67-240. east Dower Field, Beaver County, Okla.) (Panhandle Area)...... do...... 165 2 Kansas-Nebraska Natural Gas Co., 10 8-21-67 »9-21-67 »9-22-67 ‘ »17.0 »•»17.01 Inc. (Northeast Boyd Field, Beaver County, Okla.) (Pan BI68-117. _ handle Area), Ashland Oil & Re 122 5 Northern Natural Gas Co. (Guy- 15 8-21-67 9 9-21-67 »9-22-67 •12.0 «»•12.01 fining Co. (Opera mon-Hugoton Field, Texas tor) et al. County, Okla.) (Panhandle RI68-118.. Area). Messman-Rinehart *5 1 Cities Service Gas Co. (East Ante 7,200 8-21-67 9 9-21-67 *9-22-67 •15.0 » « • 16.0 OU Co. (Operator) lope Mississippi Gas Pool, Marion et al., Wichita County, Kans.). ■ Plaza Bldg., Wichita, Kans. 67202. >Thü elective date is the effective date proposed by Respondent. » Includes 2.0 compression charge deducted by buyer for gas compressed by buyer. suspension period is limited to 1 day. * Basic contract dated after Sept. 28,1960, and proposed rate does not exceed 16.0 i A“ reimbursement rate increase. cents initial rate ceiling for Kansas. .^«“ ore baséis 14.65 p.s.La. 9 Periodic rate increase. ouDject to a downward B.t.u. adjustment. 011 & Refining Co. and Ashland posed increases relate to tax reimburse exceeds the area increased rate ceiling of r,f defining Co. (Operator) et al. (both ment only, we conclude that they should 11.0 cents per Mcf for Kansas but does not four r + • 11616111 ns Ashland), proposed be suspended for 1 day from the proposed exceed the initial service ceiling of 16.0 ment atC iincreases reflecting tax reimburse- effective dates. cents per Mcf established for the area in rates 0n*- A^fiiand’s proposed increased The contract related to the rate filing of volved. We believe, in this situation, that Ho f»8* cllar£es exceed the applicable Messman-Rinehart Oil Co. (Operator) et aL Messman-Rinehart’s proposed rate filing for „ per increased rate ceilings (Messman-Rinehart), was executed subse should be suspended for 1 day from Septem Area» 6 Panllandle and Oklahoma “Other” quent to September 28, 1960, the date of ber 21, 1967, the proposed effective date. statAw,announced in the Commission’s issuance of the Commission’s statement of 2 2 ? * g^eral policy No. 61-1, as general policy No. 61-1, as amended, and the [F.R. Doc. 67-11158; Filed, Sept. 26, 1967; (18 CFR 2.56). Since the pro- proposed increased rate of 16.0 cents per Mcf 8:45 a.m.] FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13538 NOTICES [Docket Nos. G-3685 etc.] Docket No, Pres- BRAVO OIL CO. ET AL. _ and Applicant Purchaser, field, and location Price per Mcf sure date filed Notice of Applications for Certificates, base Abandonment of Service and Peti G-3685...... Bravo Oil Co. (formerly Rio Transcontinental Gas Pipe Line 9.110193 8-28-67 » Bravo Oil Co.,) Post Office Corp., La Gloria Field, Jim WeUs 14.65 tions To Amend Certificates 1 Box 1319, Houston, Tex. 77001. County, Tex. G-3686-...... United Gas Pipe Line Co., North 15.485 S eptem ber 14; 1967. . 8-28-67» Pettus and BumeU Fields,- 14.65 Take notice that each of the Applicants Karnes, Bee,.and Goliad Coun listed herein has filed an application or ties, Tex, G-3687— ...... ------do...... Natural Gas Pipeline Co. of Amer >9.99886 14.65 petition pursuant to section 7 of the 8-28-67» ica, La Gloria Field, Jim Wells.. Natural Gas Act for authorization to sell County, Tex. G-3688...... Tennessee Gas Pipeline Co., a divi 14.6 1 4 .6 5 1 natural gas in interstate commerce or to .8-28-67 » sion of Tenneco, Inc., Edinburg abandon service heretofore authorized Field, Hidalgo County, Tex. G-18041______Coastal States Gas Producing Co. Consolidated Gas „Supply Corp., *27.08 15.325 as described herein, all as more fully E 8-28-67 (successor to Peake Petroleum acreage in Raleigh and Boone described in the respective applications Co.), Post Office Box 521, Corpus Counties, W. Va. (FPC GRS Christi, Tex. 78403. No. 1). and amendments which are on file with Consolidated Gas Supply Corp., *27.08 15.325 the Commission and open to public in acreage in Wyoming and Logan Counties, W. Va. (FPC GRS spection. No. 2). ■—- Protests or petitions to intervene may Columbian Fuel Corp., Jefferson 20.0 15.325 District, Nicolas County, W. Va. be filed with the Federal Power Commis (FPC GRS No. 3). sion, Washington, D.C. 20426, in accord United Fuel Gas Co., Scott Dis 20.0 15.3251 ance with the rules of practice and pro trict, Putnam County, W. Va. (FPC GRS No. 5). cedure (18 CFR 1.8 or 1.10) on or before C160-648_____ Dresser Industries, Inc. (successor El Paso Natural Gas Co., acreage 12.0 15. 025- October 5,1967. E 7-28-67 to Magnet Cove Barium Corp.), in San Juan County, N. Mex. c/o B. H. Keyes, Agent, Post Take further notice that, pursuant to Office Box 842, Aztec, N. Mex. the authority contained in and subject 84710. CI62-249_____ Coastal States Gas Producing Co. United Fuel Gas Co., Stafford 26.0 15.325 to the jurisdiction conferred upon the E 8-28-67 (successor to Peake Pétroïeum District, Mingo County, W. Va. Federal Power Commission by sections 7 Co.). and 15 of the Natural Gas Act and the C163-548____ Phillips Petroleum Co. (Operator) Northern Natural Gas Co., Ana- 0 D 8-29-67 et al., Bartlesville, Oklâ. 74003 darko Basin Area, Beaver Coun- Commission’s rules of practice and pro (Partial Abandonment). ‘ ty,' Okla. cedure, a hearing will be held without CI63-1128— Coastal States Gas Producing Co. Consolidated Gas Supply Corn., 27.5 15.3251 E 8-28-67 (successor to Peake Petroleum Crook District, Boone County, further notice before the Commission on Co.). W. Va. all applications in which no protest or CI64-1288____ Continental Oil Co., Post Office El Paso Natural Gas Co., Blanco- 12.2295 15. 025: C 9-5-67 Box 2197, Houston, Tex. 77001. Pictured Cliffs Field, Rio Arriba petition to intervene is filed within the County, N. Mex. time required herein if the Commission CI65-466_____ Gulf Oil Corp. (Operator) et al., Transwestem Pipeline Co., Waha Uneconomical on its own review of the matter believes D 9-6-67 5 Post Office Box 1589, Tulsa, Field, Reeves and Pecos Coun Okla. 74102. ties, Tex. that a grant of the certificates or the au CI66-942...... Pan American Petroleum Corp., Northern Natural Gas Co., North- «19.565 1165 thorization for the proposed abandon C 9-5-67 Post Office Box 591, Tulsa, east Gage Field, Ellis County, Okla. 74102. Okla. ment is required by the public conven CI67-66.-___ Amerada Petroleum Corp., Post -Panhandle Eastern Pipe Line Co., »17.0 1165 ience and necessity. Where a protest or C 9-5-67 Office Box 2040, Tulsa, Okla. South Peek Field, Ellis County, 74102. Okla. petition for leave to intervene is timely CI68-211 Monroe Gas System, Inc. (Agent Southern NaturalGas Co., Monroe m filed, or where the Commission on its B 8-28-67 and Operator) et al., Post Office Field, Morehouse and Ouachita Drawer 1661, Monroe, La. 71201. Parishes, La. own motion believes that a formal hear CI68-225...... Southern Triangle Oil Co., hie.. Consolidated Gas Supply Corp., Uneconomical ing is required, further notice of such B 8-30-67 Box 230, Mt. Carmel, HI. 62863.' New Milton District, Doddridge hearing will be duly given: Provided, County, W. Va. C168-226_____ Sohio Petroleum Co., 970 First Transcontinental Gas Pipe Line 21.25 15.025 however, That pursuant to § 2.56, Part 2, A 8-31-67 National Office Bldg., Okla Corp., Washington Field, St. Statement' of General Policy and In homa City, Okla. 73102. Landry Parish, La. CI68-227...... Continental Oil Co__ -______- El Paso Natural Gas Co., Blanco 13.0 15.0254 terpretations, Chapter I of Title 18 of the A 8-31-67 Field, San Juan County, N. Mex. Code of Federal Regulations, as amended, C168-229-____ Jones & Pellow Oil Co. et al., Michigan Wisconsin Pipe Line Co., » 19.5 11 6 5 1 A 8-31-67 101 Northeast 26th St., Okla Valley Center West Area, Dewey all permanent certificates of public con homa City, Okla. 73105. County, Okla. venience and necessity granting applica CI68-230___— Shell OU Co., 50 West 50th St., United Gas Pipe Line Co., Maurice 20.625 15. 025] tions, filed after April 15, 1965, without A 8-31-67 New York, N.Y. 10020. Field, Lafayette and Vermilion Parishes, La.* further notice, will contain a condition CI68-231...... Beard Oil Co., 2000 Classen Northern Natural Gas Co., Lot- »17.0 11 6 5 1 precluding any filing of an increased A 9-1-67 Center, Suite 200, Oklahoma speich Unit Area, Harper County, City, Okla. 73106. Okla. rate at a price in excess of that desig CI68-232-...... Thomas C. Buchanan, 322 John- Trunkline Gas Co., West Olla Field 17.0 15. 025] nated for the particular area of produc A 9-1-67 son Bldg., Shreveport, La. Area, La Salle Parish, La. 71102. tion for the period prescribed therein un CI68-233-...... Fain-Porter Drilling Corp. Michigan Wisconsin Pipe Line Co., . *19.5 1 1 6 5 ] less at the time of filing such certificate A 8-28-67 (Operator) et al., c/dBarth P. Woodward Area, Dewey County, application, or within the time fixed -Walker, Attorney, Walker & Okla. Watson, 220 Cravens Bldg., herein for the filing of protests or peti Oklahoma City, Okla. 73102. 15.025 tions to intervene the Applicant indi CI68-234...... Austral OU Co., Inc., Operating Trunkline Gas Co., . Lakeside, , 21.25 A 9-1-67 Agent for OU Participations South Thomwell, and Lake cates in writing that it is unwilling to Inc., 2700 Humble Bldg., Arthur Field Areas, Cameron accept such a condition. In the event Ap Houston, Tex. 77002. Parish, La. 15.025 CI68-235...... Joseph B. Gould, c/o Ernest S. El Paso Natural Gas Co., Otero ... 12.0 plicant is unwilling to accept such con A 8-25-67 Baker, Esq., 230 Kittredge Chacra Field, Rio Arriba dition the application will be set for Bldg., Denver, Colo. 80202. County, N. Mex. formal hearing. Filing code: A—Initial service. B—Abandonment. Under the procedure herein provided C—Amendment to add acreage. for unless otherwise advised, it will be D—Amendment to delete acreage. unnecessary for Applicants to appear or E—Succession. be represented at the hearing. F—Partial succession. See footnotes at end of table. K e n n e t h F . P l u m b , Acting Secretary. 1 This notice does not provide for consoli dation for hearing of the several matters covered herein, nor should it be so construed. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13539 [Docket No. RI68-125] D ocket No. Pres CONTINENTAL OIL CO. a n d Applicant Purchaser, field, and location Price per Mcf sure ' d ate filed base Order Accepting Contract Amend ments, Providing for Hearing on CI68-237— i— Duer Wagner & Co. (Operator) United Gas Pipe Line Co., Greta 16.0 14.65 and S u sp e n sio n of Proposed (G-19514) et al. (successor to Union Field, Refugio County, Tex. F 8-31-67 . Producing Co.), 909 Fort Worth Changes in Rates, and Allowing National Bank Bldg., Fort Worth, Tex. 76102. Rate Changes To Become Effective CI68—238------Tonkawa Gas Co., 2520 Fidelity Cities Service Gas Co., acreage in 717.0 14.65 Subject to Refund a » -1 -67 ;; Union Tower, Dallas, Tex. Ellis County, Okla. 75201. S eptember 15, 1967. On August 16, 1967, Continental Oil i A m e n d m e n t to certificate filed to reflect change in corporate name. Co. (Continental)1 tendered for filing • S ubject to deduction for dehydration. iR a te in eflect subject to refund in Docket No. RI65-615. proposed changes in its presently effec iWells are no longer capable of delivering gas against Buyer’s line pressure, tive rate schedules for sales of natural • As to Mississippian formation only. • In clu d es 2.55 cents upward B.t.u. adjustment and 0.015 cent reimbursement of Oklahoma excise tax increase. gas subject to the jurisdiction of the Subject to upward and downward B.t.u. adjustment. Commission. The proposed changes, r Subject to upward and downward B.t.u. adjustment. • Wells no longer produce gas at pressure to meet contract pressure requirements. which constitute increased rates and • L im ite d to gas produced from all depths above the stratigraphic equivalent of 14,500 feet in the Shell-Sunray charges, are designated as follows: E. M. B ro u s s a ra Well No. 1. 1 Address is: Post Office Box 2197, Houston, [P.R. Doc. 67-11159; Piled, Sept. 26,1967; 8:45 a.m.] Tex. 77001. Attention: Mr. R. E. Galbraith. Cents per Mcf Rate in Rate Supple Amount Date Effective Date sus effect sub Docket Respondent sched ment Purchaser and producing area of annual filing date un pended ject to re No. ule No. No. increase tendered less sus unto— Proposed in fund in pended Rate in effect creased rate docket Nos. RI68-125_ Continental Oil Co., 198 »6 El Paso Natural Gas Co. 8-16-67 •9-16-67 (Ac Post Office Box (Northeast Haynes Field, Rio cepted) 2197, Houston, Tex. 198 4 4 7- Arriba County, N. Mex.) $2,569 8-16-67 • 9-16-67 9 9-17-67 »»12.2295 ‘ 1 * » 13.2486 RI64-30. 77001, Attn: Mr. E. (San Juan Basin Area). Galbraith. 199 11 5 ...... do...... r ...... 8-16-67 • 9-16-67 A c cepted) RI64-30. 199 is g 1,101 8-16-67 • 9-16-67 9 9-17-67 »12.2295 »*» 1113.2486 •Letter agreement dated May 31,1967, sets forth conditions for connecting certain * Pressure base is 15.025 p.s.i.a. wells to buyer’s high pressure system and cancels agreement dated Sept. 16, 1966 9 Includes partial reimbursement for full 2.55 percent New Mexico Emergency (Supplement N». 4) which provides for production from these wells into buyer’s low School Tax. pressure system. 40 Rate of 13.2486 cents previously suspended in Docket No. RI64-395, but not placed 3 The stated effective date is the first day after expiration of the statutory notice. into eflect. 4 Rate increase covers only acreage described in letter agreement dated May 31,1967, 11 Letter agreement dated May 31,1967, provides for the delivery of casinghead gas' designated as Supplement No. 6. produced from properties covered by Supplemental agreement dated July 16,1963 • Includes waiver of 1.0 cents per Mcf minimum guarantee for liquids and favored- (Supplement No. 3) into buyer’s high pressure system (500 p.s.i.g.) instead of buyer’s nation provisions insofar as they pertain to properties described in the letter agree low pressure system (250 p.s.i.g.) with a corresponding 1.0 cent increase in price for ment d a te d May 31,1967 (Supplement No. 6) (Waiver filed Aug.- 30,1967). gas delivered into the hgh pressure system. • The suspension period is limited to 1 day. 12 Rate increase covers only acreage described injetter agreement dated May 31, 7 Renegotiated rate increase. 1967, designated as Supplement No. 5. Supplement Nos. 7 and 6 to Conti for the San Juan Basin Area as an to its FPC Gas Rate Schedule Nos. 198 nental’s FPC Gas Rate Schedule Nos. nounced in the Commission’s statement and 199, respectively, and for permitting 198 and 199, respectively, reflect partial of general policy No. 61-1, as amended such supplements to become effective on reimbursement for the full 2.5& percent (18 CFR 2.56) by the amount of the tax September 16, 1967, the date of expira New Mexico Emergency School Tax reimbursement, they should be suspend tion of the statutory notice. which was increased from 2.0 percent ed. However, in this situation, we con (2) It is necessary and proper in the to 2.55 percent on April 1, 1963. The clude that the suspension period should public interest and to aid in the enforce buyer, El Paso Natural Gas Co. (El be shortened to 1 day from September ment of the provisions of the Natural Paso), in accordance with its policy Of 16, 1967, the proposed effective date. Gas Act that the Commission enter up protesting all tax filings proposing reim Concurrently with the filing of its pro on a hearing concerning the lawfulness bursement for the New Mexico Emer posed tax increases, Continental submit of the proposed changes, and that Sup gency School Tax in excess of 0.55 per ted two letter agreements date May 31, plement Nos. 7 and 6 to Continental’s cent has filed a protest to these rate in 1967, which provide for the proposed rate FPC Gas Rate Schedule Nos. 198 and creases. El Paso questions the right of increases. Such letter agreements have 199, respectively, be suspended and the the producer under the tax reimburse been designated as Supplement Nos. 6 use thereof deferred as hereinafter ment clause to file a rate increase re and 5 to Continental’s FPC Gas Rate ordered. flecting tax reimbursement computed on Schedule Nos. 198 and 199, respectively. The Commission orders: •be basis of an increase in tax rate by the We believe that it would be in the public (A) Continental’s contract amend New Mexico legislature in excess of 0.55 interest to accept for filing Continental’s ments dated May 31, 1967, designated as Percent. While El Paso concedes that the aforementioned contract amendments to Supplement Nos. 6 and 5 to its FPC Gas New Mexico tax legislation effected a become effective on September 16, 1967, Rate Schedule Nos. 198 and 199, respec jhfher rate of at least 0.55 percent, it the date of expiration of the statutory tively, are accepted for filing and per claims there is controversy as to whether notice, but not the proposed rates con mitted to become effective as of Septem [1**^ JjJf new legislation effected an in- tained therein which are suspended as ber 16,1967. reased tax rate in excess of 0.55 percent. ordered herein. (B) Pursuant to the authority of the of the contractual problem pre- The proposed changed rates and Natural Gas Act, particularly sections nted, we shall provide that the hearing charges may be unjust, unreasonable, 4 and 15 thereof, the Commission’s rules i rein shall concern itself with the con- unduly discriminatory, or preferential, of practice and procedure, and the regu /wtual basis for the rate filing, as well or otherwise unlawful. lations under the Natural Gas Act (18 n ® statutory lawfulness of Conti- The Commission finds: CFR Ch. I), a public hearing shall be ntal’s proposed increased rates and (1) „Good cause has been shown for held upon a date to be fixed by notice rges. Since the rate increases reflect accepting for filing Continental’s ^con from the Secretary concerning the law- loftrein}hnrsement only and exceed the tract amendments dated May 31, 1967, and charges contained in Supplement • cents per Mcf increased rate ceiling designated as Supplement Nos. 6 and 5 Nos. 7 and 6 to Continental’s FPC Gas FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 No. 187—Pt. I ----a 13540 NOTICES Rate Schedule Nos. 198 and 199, proposed changes involve Mobil’s FPC rates of 15.0 cents and 16.75 cents per respectively. Gas Rate Schedule Nos. 281 and 282.1 per Mcf, respectively, became effective (C) Pending a hearing and decision 'The decreases amount to $2,066,551 an subject to refund in Docket No. RI67- thereon, Supplement Nos. 7 and 6 to nually from the present effective rates, 275. Continental’s FPC Gas Rate Schedule but still amount to an annual increase Inasmuch as the proposed 16.0 cents Nos. 198 and 199, respectively, are hereby of $1,315,573 above the last firm rate of per Mcf rate contained in Supplement suspended and the use thereof deferred 11.0 cents under the rate schedules in No. 11 to Mobil’s FPC Gas Rate Sched until September 17, 1967, and thereafter volved. The proposed renegotiated rate ule No. 282, amounts to an increase in until such further time as they are made increase of 16.0 cents per Mcf is appli rate above the presently effective 15.0 effective in the manner prescribed by the cable to production from below the Top cents rate, and exceeds the area in Natural Gas Act: Provided, however, of the Morrow Sand and amounts to $300 creased rate ceiling for Kansas as an That the supplements to the rate sched annually. The area increase rate ceiling nounced in the Commission’s statement ules filed by Continental, as set forth for Kansas is 11.0 cents per Mcf. of general policy No. 61-1, as amended, above, shall become effective subject to Concurrently with the filing of its pro we believe that it should be suspended refund on the date and in the manner posed rate decreases, Mobil submitted for 5 months from September 18, 1967, herein prescribed if within 20 days from two contract amendments dated July 17, the date of expiration of the statutory the date of the issuance of this order, 1967, designated as Supplement Nos. 8 notice as ordered herein. Continental shall execute and file under and 10 to Mobil’s FPC Gas Rate Schedule The proposed 16.0 cents per Mcf rate the aforementioned docket number, with Nos. 281 and 282, respectively, which pro and charge contained in Supplement No. the Secretary of the Commission, its vide the basis for the proposed rate fil-. 11 to Mobil’s FPC Gas Rate Schedule No. agreement and undertaking to comply ings. We believe that it would be in the 282 may be unjust, unreasonable, unduly with the refunding and reporting pro public interest to accept for filing Mobil’s discriminatory, or preferential, or other cedure required by the Natural Gas Act proposed contract amendments to be wise unlawful. and § 154.102 x>f the regulations there come effective on July 1, 1967, the re The Commission finds: For the reasons under, accompanied by a certificate quested effective date, but not the pro-. heretofore stated, it is necessary and showing service of a copy thereof upon posed rates contained therein. The pro proper in the public interest and to aid El Paso Natural Gas Co., the purchaser. posed decreases will be made subject to in the enforcement of the provisions of Unless Continental is advised to the con refund in Docket No. RI67-275, and the th& Natural Gas Act that Mobil’s con trary within 15 days from the filing of its proposed increase will be suspended &f tract amendments' dated July 17, 1967, Docket No. RI68-121. ^ be accepted for filing to become effective agreement and undertaking, such agree on July 1, 1967, the requested effective ment and undertaking shall be deemed to On January 1, 1967, Mobil filed pro date; to accept for filing Mobil proposed have been accepted. m posed increases from settlement rates of rate decreases to be effective as of July (D) Neither the supplements hereby 11.0 cents2 ta 16.75 cents and 15.0 cents 1, 1967, subject to refund in Docket No. suspended, nor the rate schedules sought under its FPU Gas Rate Schedule Nos. RI67-275, and to suspend for 5 months to be altered thereby, shall be changed 281 and 282, respectively. Such increased from September, 18, 1967, the 16.0 cents until this proceeding has been disposed rates were suspended for 5 months in per Mcf rate contained in Supplement of or until the periods of suspension have Docket No. RI67-275 and made effective No. 11 to Mobil’s FPC Gas Rate Sched expired, unless otherwise ordered by the subject to refund on July 1, 1967. Al ule No. 282. "Commission. though such rates have been made effec The Commission orders: (E) Notices of intervention or petition tive, Mobil states that by mutual agree (A) Mobil’s proposed decreased rates to intervene may be filed with the Fed ment with Northern, no monies have contained in Supplement Nos. 9 and 11 eral Power Commission, Washington, been collected in excess of the under to its FPC Gas Rates Schedule Nos. 281 D.C. 20426, in accordance with the rules lying firm rates of 11.0 cents pending and-282 respectively, - are accepted for submittal of the instant filings. The filing and permitted to become effective of practice and procedure (18 CFR 1.8 amendments related to the instant pro and 1.37(f)) on or before November 1, as of July 1, 1967, subject to refund in posed rate changes provide for rates Docket No. RI67-275. 1967. ranging from 12.5 cents plus B.t.u. ad (B) Mobil’s c o n tra c t amendments By the Commission. justment to 16.0 cents (no B.t.u. adjust dated July 17,1967, designated as Supple ment) for production from various for ment Nos. 8 and 11 to its FPC Gas Rate [ seal] K enneth F. P lumb, mations as shown on the attached Acting Secretary. Schedule Nos. 281 and 282, respectively, Appendix A. The present contract pricing are accepted for filing and permitted to [F.R. D&c. 67-11160; Filed, Sept. 26, 1967; provisions have no depth limitations. become effective as of July 1, 1967. 8:45 a.m.] Mobil requests that its proposed rate (CD Pursuant to the authority of the changes be substituted for the presently Natural Gas Act, particularly sections 4 [Docket Nos. RI67-275, RI68-124] effective rates of 15.0 cents and 16.75 and 15 thereof, the Commission’s rules of cents, respectively, and be allowed to be practice and procedure and the regina- MOBIL OIL CORP. ET AL. come effective as of July 1, 1967, in the tions under the Natural Gas Act (18 CFR, existing rate proceeding in Docket No. Ch. I ) , a public hearing shall be held m Order Accepting Contract Amend RI67-275. We conclude that it would be Docket No. RI68-124 upon a date to re ments, Accepting Decreased Rate in the public interest to waive the 30- fixed by notice from the Secretary con Filings Subject to Refund in Existing day notice requirements provided in sec cerning the lawfulness of the proposed Rate Suspension Proceeding, and tion 4(d) of the Natural Gas Act and 16.0 cents per Mcf increased rate ana Providing for Hearing on and Sus to accept for filing Mobil’s proposed rate charge contained in Supplement No. decreases, subject to refund in Docket to Mobil’s FPC Gas Rate Schedule No. pension of Proposed Increased Rate 282. No. RI67-275, effective as of July 1, 1967, (D) Pending a hearing and decision S eptember 15, 1967. the same date the presently effective thereon in Docket No. RI68-124, the pr On August 18, 1967, Mobil Oil Corp. et posed 16.0 cents rate contained in Suppi * al. (Mobil), tendered for filing seven re 1 Designated as Supplement No. 9 to Mobil’s ment No. 11 to Mobil’s FPC Gas Rate negotiated rate decreases from rates FPC Gas Rate Schedule No. 281, and Supple Schedule No. 282 is hereby s u s s e d which are now in effect subject to refund ment No. 11 to Mobil’s FPC Gas Rate Schedule and the use thereof deferred untu * eo- No. 282. Supplement No. 9 provides for four ruary 18, 1968, and thereafter until sucn in Docket No. RI67-275 and one renego decreases, while Supplement No. 11 provides further time as it is made effectivein tiated rate increase as set forth in Ap for three decreases and one increase. manner prescribed by the Natural * Pursuant to Commission order issued pendix A hereof, for sales of gas to May 5, 1964, as amended May 28, 1964, and Northern Natural Gas Co. (Northern), June 26, 1964, approving Mobil’s company A<(E) Neither the supplement hereby from the Hugoton Field in Kansas. The wide settlement in Docket Nos. G-12193 et al. suspended, nor the rate schedule s FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY^SEPTEMBER 27, 1967 NOTICES 13541 to be altered thereby, shall be changed (F) Notices of intervention or petiprocedure (18 CFR, 1.8 and 1.37 (f) ) on or until the proceeding in Docket No. RI68- tions to intervene in Docket No. RI68- before November 1,1967. 124 has been disposed of or until the 124 may be filed with the Federal Power By the Commission. period of suspension has expired, unless Commission, Washington, D.C. 20426, in [seal] G ordon M. G rant, otherwise ordered by the Commission. accordance with the rules of practice and Secretary. Appendix A Rate Date Cents per Mcf Rate in Docket sched Supple Date Eflec- sus- effect No. Respondent ule ment Purchaser and producing area of annual filing tive pended subject to No. No. decreased tendered date until— Rate in Proposed de refund in effect creased rate docket Nos. RI67-276... Mobil Oil Corp. et al., 281 8 8 Northern Natural Gas Co. 8-18-67 *7- 1-67 (Ac- Post Office Box (Hugoton Field, Stevens and cepted) 2444, Houston, Tex. 281 9 Morton Counties, Kans.). $1,772,853 8-18-67 «7- 1-67 816.75 8 8 7 “ 13.0128 RI67-275. 77001. (*) »16.75 » 8 m 12.5 RI67-275. (») 8 16.75 8 « li 14.0 RI67-275. 158 16.75 8 8 « 16.0 RI67-275. 282 8 10 8-18-67 8 7- 1-67 (Ac- (Hugoton Field, Stevens cepted) 282 11 County, Kans.). 293,540 8-18-67 4 7- 1-67 »15.0 8 8 7 “ 13.2051 RI67-275. (•) •16.0 8 8 »« 12.5 RI67-275. (») «15.0 8 8 n 14.0 RI67-275. 300 8-18-67 » 9-18-67 2-18^68 »16.0 8 8 « 16.0 RI67-275. • C o n tra c t Amendment dated July 17, 1967, provides tor proposed rates and 60 • Pressure base is 14.65 p.s.i.a. percent tax reimbursement for any new or additional taxes to seller after June 1,1967, 7Includes base rate of 12.6 cents plus upward B.t.u. adjustment. Base rate subject changes measurement basis from 16.4 p.s.i.a. to 14.65 p.s.i.a. and provides for propor to upward and downward B.t.u. adjustment from a base of 975 B.t.u.’s per cubic foot. tionate upward and downward B.t.u. adjustment from 976 B.t.u.’s per cubic loot 8 Subject to a downward B.t.u. adjustment. for p ro d u c tio n down to the base of the Chase Group only. Deletes all B.t.u. adjust • No production at present time. ment provisions with-respect to all other formations and provides that buy» is not 10 Applicable to production from the base of the Chase Group to the base of the required to accept less than 900 B.t.u. gas. (Present contract provides for proportion Wolfcamp Sand. ate downward B.t.u. adjustment only from a base of 1,000 B.t.u. for all formations 11 Applicable to production from the base of the Wolfcamp to the Top of the Morrow and b u y e r not required to accept less than 950 B.t.u. gas—present average B.t.u. eon- Sand. * tent of gas is 1,015 B.t.u.—Rate Schedule No. 281 and 1,030 B.t.u.—Rate Schedule 12 Applicable to production from below the Top of the Morrow Sand. No. 282). Also deletes indefinite pricing provisions from contract and provides for 1.0 n The stated effective date is the first day after expiration of the statutory notice. cent periodic escalations. 14 Applicable to production from the Earth’s surface down to the base of the Chase 4 Th e s ta te d effective date is the effective date requested by Respondent. • Group of the Permian System. 5 Renegotiated rate increase. [FU. Doc. 67-11161; Filed, Sept. 26,1967; 8:45 a.m.] [Docket Nos. RI68-114 etc.] The Commission finds: It is in the pub effective as prescribed by the Natural lic interest and consistent with the Gas Act. TENNECO OIL CO. ET AL. Natural Gas Act that the Commission (C) Until otherwise ordered by the Order Providing for Hearings on and enter upon hearings regarding the law Commission, neither the suspended sup Suspension of Proposed Changes in fulness of the proposed changes, and that plements, nor the rate schedules sought the supplements herein be suspended and to be altered, shall be changed until dis Rates 1 their use be deferred as ordered below. S eptember 14, 1967. position of these proceedings or expira The Commission orders: The Respondents named herein have tions of the suspension period. filed proposed increased rates and (A) Under the. Natural Gas Act, par (D) Notices of intervention or peti charges of currently effective rate sched ticularly seçtions 4 and 15, the regula tions pertaining thereto (18 CFR Ch. I), tions to intervene may be filed with the ules for sales of natural gas under Com- Federal Power Commission, Washington, ufission jurisdiction, as set forth in Ap and the Commission’s rules of practice pendix A hereof. and procedure, public hearings shall be D.C. 20426, in accordance with the rules The proposed changed rates and held concerning the lawfulness of the of practice and procedure (18 CFR 1.8 charges may be unjust, unreasonable, proposed changes. and 1.37(f)) on or before November 1, unduly discriminatory, or preferential, or (B) Pending hearings and decisions 1967. otherwise unlawful. thereon, the rate supplements herein are suspended and their use deferred until By the Commission. ‘Does not consolidate for hearing or dis date shown in the “Date Suspended [ seal] G ordon M. G rant, pose of the several m atters herein. Until” column, and thereafter until made Secretary. Appendix A Effective Cents per Mcf Rate in Rate Sup- Amount Date date Date sus- effect sub- , Docket Respondent sched- pie- Purchaser and producing area of annual filing unless pended ject to No, ule ment increase tendered SUS- until— Rate in Proposed refund in No. No. pended effect increased docket rate Nos. fil68-114.._ Tenneco Oil Co. (Op- 12 6 Arkansas Louisiana Gas Co. (Centra- $55^076 8-17-67 * 9-17-67 2-17-68 15.0 8 88 16.01 erator) et al., Post homa Field, Coal County, Okla.) Office Box 2511, (Oklahoma “Other” Area). Houston, Tex. 77001. RI68-115_ Frederic C. and 24 1 Northern Natural Gas Co. (Carthage 452 8-18-67 29-18-67 2-18-68 78 12.0 8 8 7 8 14.0 Ferris F. Hamilton Field, North Richland and Rolls L611 7 » 12.0 8 8 7 » 16.0 d.b.a. Hamilton Mississippi Fields, Texas County, Brothers, Ltd., 1517 Okla.) (Panhandle Area). Denver Club-Bldg., Denver, Colo. 80202. ------fcfleetiye date is the first day after expiration of the statutory 7 Subject to a downward B.t.u. adjustment. Periodic rate increase. 8 Gas produced from depths between the base of the Wolfcamp and the top of the Inri®?® base is 14.65 p.s.i.a; Morrow Series of the Pennsylvanian System. Rmode^°l°jCent tax reimbursement. • Gas produced below the top of the Morrow Series of the Pennsylvanian System; Renegotiated rate increase. FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13542 NOTICES Tenneco Oil Co. (Operator) et al. cedure (18 CFR 1.8 or 1.10) and the erhouse containing turbines rated at (Tenneco), request a retroactive effec regulations under the Natural Gas Act 1,080 hp., 580 hp., and 1,880 hp. respec tive date of January 29, 1967, for their (157.10) on or before October 12,1967. tively, connected to generators of 800 proposed rate increase: Frederic C. and Take further notice that, pursuant to kw., 440 kw., and 1,200 kw.; (5) an out Ferris F. Hamilton doing business as the authority contained in and subject door substation containing three 2.3/46 Hamilton Brothers, Ltd. (Hamilton), re to the jurisdiction conferred upon the kv. transformers; and (6) appurtenant quest that their proposed rate increase Federal Power Commission by sections 7 facilities. be permitted to become effective as of and 15 of the Natural Gas Act and the Protests or petitions to intervene may September 1, 1967. Good cause has not Commission’s rules of practice and pro be filed with the Federal Power Commis been shown for waiving the 30-day no cedure, a hearing will be held without sion, Washington, D.C. 20426, in accord tice requirement provided in section 4(d) further notice before the Commission ance with thè rules of practice and pro of the Natural Gas Act to permit earlier on this application if no protest or pe cedure of the Commission ,(18 CFR 1.8 effective dates for Tenneco and Hamil tition to intervene is filed within the time or 1.10). The last day upon which pro ton’s rate filings and such requests are required herein, if the Commission on its tests or petitions may be filed is Novem denied. own review^ of the matter finds that per ber 7, 1967. The application is on file Tenneco and Hamilton’s proposed in mission and approval for the proposed with the Commission for public inspec creased rates and charges exceed the abandonment is required by the public tion. applicable area price levels for increased convenience and necessity. If a protest or G ordon M . G rant, rates as set forth in the Commission’s petition for leave to intervene is timely Secretary. statement of general policy No. 61-1, filed, or if the Commission on its own [F.R. Doc. 67-11281; Filed, Sept. 26, 1967; as amended (18 CFR 2.56), motion believes that a formal hearing is 8:45-a.m.] [F.R. Doc. 67-11162; Filed, Sept. 26, 1967; required, further notice of such hearing 8:45 aon.] will be duly given. Under the procedure herein provided [Docket No. CP68-72] for, unless otherwise advised, it will be [Docket NO.CF64—29] unnecessary for Applicant to appear or be COLUMBIA GAS TRANSMISSION CO. ALGONQUIN GAS TRANSMISSION CO. /represented at the hearing. Notice of Application Notice of Application G ordon M . G rant, S eptem ber 18, 1967. Secretary. S eptem ber 19,1967. Take notice that on September 6,1967, [F.R. Doc. 67-11280; Filed, Sept. 26, 1967; Columbia Gas Transmission Co. (Appli Take notice that on August 29, 1967, 8:45 a.m.] cant) , Post Office Box 683, Houston, Tex. Algonquin Gas Transmission Co. (Ap 77001, filed in Docket No. CP68-72 a plicant) , 1284 Soldiers Field Road, Bos “budget-type” application pursuant to ton, Mass. 02135, filed in Docket No. [Project No. 2586] subsection (c) of the Natural Gas Act, CP64-29 an application pursuant to sub ALABAM A ELECTRIC COOPERATIVE, as implemented by § 157.7(b) of the reg section (b) of section 7 of the Natural INC. ulations under the Act, for a certificate Gas Act for permission and approval of of public convenience and necessity au the Commission to abandon certain nat Notice of Application for License for thorizing the construction and operation ural gas service, all as more fully set Constructed Project of certain natural gas purchase and forth in the application which is on file gathering facilities, all as more fully set with the Commission and open to public S eptem ber 19, 1967. forth in the application which is on file inspection. Public notice is hereby given that ap with the Commission and open to public Specifically, Applicant seeks permis plication for license has been filed under inspection. sion and approval of the Commission to the Federal Power Act (16 U.S.C. 791a- Specifically, Applicant seeks author abandon the transportation and delivery 825r) by Alabama Electric Cooperative, ization to construct and operate during of natural gas to Public Service Electric Inc. (correspondence to: L. A. Beers, calendar year 1968 certain natural gas and Gas Co. (Public), at Wanaque, N.J., Jr., Esquire, Alabama Electric Coopera purchase and gathering facilities to take for the account of Texas Eastern Trans tive, Inc., Post Office Box 550, Andalusia, into its certificated pipeline system nat mission Corp. (Texas), which was au Ala. 36420), for constructed Project No. ural gas purchased from producers in thorized, inter alia, in Docket No. CP64- 2586, known as the Conecuh River proj the general area of its system from time 29 for a 2-year period commencing ect, located on the Conecuh River in to time as natural gas becomes available. November 1, 1964, and subsequently Crenshaw and Covington Counties, Ala., Applicant states that the facilities for extended on a month-to-month basis near the town of River Falls and the which authorization is sought are re until November 1, 1967, in exchange for community of Gantt. quired in-' Order to enable Applicant to deliveries of equivalent volumes of nat The existing Conecuh River project maintain an adequate natural gas supply. ural gas by Texas to Applicant at Han consists of: Point A Development—(1) over, N.J. Applicant states that Texas The total estimated cost of Applicant’s An earth dam about 1,600 feet long; (2) proposed facilities will not exceed has informed it that they will be ready to a tainter-gated concrete overfall spill take over direct service to Public at $600,000 and no single project will ex way about 199 feet long; (3) a reservior ceed $150,000 and will be financed from Wanaque, as authorized by the Commis about 4 miles long with a usable storage sion in Docket No. CP64-5, on September of about 2,300 acre-feet and a surface current working funds. 1,1967, area of about 700 acres at pool elevation Protests or petitions to intervene may Applicant states that no abandonment 170 feet; (4) an integral intake indoor be filed with the Federal Power Commis of facilities is involved since it does not concrete powerhouse containing two sion, Washington, D.C. 20426, in accord own the meter station at Wanaque and 2,452 hp. turbines each connected to a ance with the rules of practice and Pro the tap and tap valve owned by it will be 1,600 kw. generator and one 3,000 hp. cedure (18 CFR 1.8 or 1.10) and the reg maintained in place for use in the event turbine connected to a 2,000 kw. gen ulations under the Natural G as ac of future emergencies. erator; (5) an outdoor substation con (157.10) on or before October 12,1967. Applicant also states that the trans taining three 2.3/46 kv. transformers; Take further notice that, pursuant o portation agreement with Texas, whieh (6) a 46 kv. transmission line 0.39 mile the authority contained in and . is filed as Rate Schedule X -ll to its FPC long; and Gantt Development—(1) An the jurisdiction conferred upon me tea- Gas Tariff, Original Volume No. 2, will be earth dam about 865 feet long; (2) a con eral Power Commission by sections / an canceled as of September 1, 1967, in ac crete overfall spillway; with tainter gates 15 of the Natural Gas Act and the com cord with the proposed abandonment. and two siphons; (3) a reservoir about mission’s rules of practice and ’ Protests or petitions to intervene may 7.5 miles long with a usable storage of a hearing will be held without fur be filed with the Federal Power Commis about 14,600 acre-feet and a surface area notice before the Commission on this ap sion, Washington, D.C. 20426, in accord of about 2,700 acres at pool elevation plication if no protest or P®titi°nt<5 . ance with the rules of practice and pro 197.15 feet; (4) an integral intake pow tervene is filed within the time req FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 V NOTICES 13543 herein, if the Commission on its own re convenience and necessity. If a protest is timely filed, or if the Commission on view of the matter finds that a grant of or petition for leave to intervene is timely its own motion believes that a formal the certificate is required by the public filed, or if the Commission on its own hearing is required, further notice of convenience and necessity. If a protest or motion believes that a formal hearing is such hearing will be duly given. petition for leave to intervene is timely required, further notice of such hearing Under the procedure herein provided filed, or if the Commission on its own will be duly given. for, unless otherwise advised, it will be motion believes that a formal hearing is Under the procedure herein provided unnecessary for Applicant to appear required, further notice of such hearing for, unless otherwise advised, it will be or be represented at the hearing. will be duly given. unnecessary for Applicant to appear or G ordon M . G rant, Under the procedure herein provided be represented at the hearing. Secretary. for, unless otherwise advised, it will be unnecessary for Applicant to appear or G ordon M. G rant, [F.R. Doc. 67-11284; Filed, Sept. 26, 1967; be represented at the hearing. Secretary. 8:45 a.m.] [F.R. Doc. 67-11283; Filed, Sept. 26, 1967; G ordon M. G rant, 8:45 a.m.] Secretary. [F.R. Doc. 67-11282; Piled, Sept. 26, 1967; DEPARTMENT OF HEALTH, EDU 8:45 a.m.] [Docket No. CP68-73] EL PASO NATURAL GAS CO. CATION, AND. WELFARE j Docket No. CP68-74] Notice of Application Food and Drug Administration CASCADE NATURAL GAS CORP. S eptem ber 19, 1967. E. I. DU PONT DE NEMOURS & CO. Notice of Application Take notice that on September 6,1967, El Paso Natural Gas Co. (Applicant), Notice of Filing of Petition Regarding S eptem ber 19, 1967. Post Office Box 1492, El Paso, Tex. 79999, Pesticides Take notice that on September 6, 1967, filed in Docket No. CP68-73 an applica Pursuant to the provisions of the Fed Cascade Natural Gas Corp. (Applicant), tion pursuant to subsection (c) of section eral Food, Drug, and Cosmetic Act (sec. 222 Fairview Avenue, Seattle, Wash. 7 of the Natural Gas Act for a certificate 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a 98109, filed in Docket No. CP68-74 an of public convenience and necessity au (d) (1 )), notice is given that a petition application pursuant to subsection (c) of thorizing the construction and operation (PP 8F0641) has been filed by E. I. du section 7 of the Natural Gas Act for a of certain natural gas facilities and the Pont de Nemours and Co., Wilmington, certificate of public convenience and sale and delivery of volumes of natural Del. 19898, proposing the establishment necessity authorizing the construction gas for resale in interstate commerce, all of a tolerance of 0.05 part per million for and operation of certain natural gas' as more fully set forth in the applica negligible residues of the insecticide EPN facilities, all as more fully set forth in the tion which is on file with the Commis (O-ethyl-O-p-nitrophenyl benzene thio- application which is on file with the Com sion and open to public inspection. phosphonate) in or on the raw agricul mission and open to public inspection. Specifically, Applicant seeks authoriza tural commodity soybeans. Specifically, Applicant seeks authoriza tion to construct and operate a measur The analytical method proposed in the tion to construct and operate an ad ing and regulating station at a point petition for determining residues of the ditional 330 horsepower compressor sta adjacent to its Permian-San Juan cross insecticide is an electron-capture gas- tion and related facilities in the Gragon over pipeline in Yoakum County, Tex. chromatographic technique based on the Trail Area, Rio Blanco County, Colo. Applicant also seeks authorization to sell method reported by J. J. Kirkland and Applicant states that the facilities pro and deliver volumes of natural gas to H. L. Pease in the “Journal of Agricul posed will enable it to move through its Peoples Natural Gas Division of North tural and Pood Chemistry,” Vol. 15, No. 1, system volumes of natural gas to be sold ern Natural Gas Co. (Peoples), through pp. 187-91 (1967). to it by Continental Oil Co. (Conoco). the facilities proposed above, for resale Applicant further states that it proposes and distribution in the rural areas of Dated: September 19, 1967. to construct and operate a field gather Yoakum County, Tex. Applicant states J . K . K ir k , ing system to connect its system to the that Peoples has indicated that its third Associate Commissioner Conoco wells. year peak daily and annual natural gas for Compliance. Applicant estimates the total cost of requirements are 1,714 Mcf and 400,300 [F.R. Doc. 67-11332; Filed, Sept. 26, 1967; the compressor station proposed above at Mcf, respectively. 8:49 a.m.] approximately $120,000, said cost to be Applicant estimates the total cost of financed from cash on hand, cash gener the facilities proposed at approximately ated from operations and from financing $8,963, said cost to be financed from already arranged. Applicant states that working funds. _ SECURITIES AND EXCHANGE the proposed natural gas gathering sys Protests or petitions to intervene may tem is estimated to cost $400,000. be filed with the Federal Power Commis COMMISSION . ^ntests or petitions to intervene may sion, Washington, D.C. 20426, in accord be filed with the Federal Power Commis ance with the rules of practice and pro [812-8121] sion, Washington, D.C. 20426, in accord cedure (18 CFR 1.8 or 1.10) and the AXE-HOUGHTON STOCK FUND, INC., ance with the rules of practice and proce regulations under the Natural Gas Act AND AXE SCIENCE CORP. dure (18 CFR 1.8 or 1.10) and the regu- (157.10) on or before October 12, 1967. ions under the Natural Gas Act Take further notice that, pursuant to Notice of Filing of Application for U57.10) on or before October 12,1967. the authority contained in and subject Order Exempting Proposed Trans Take further notice that, pursuant to to the jurisdiction conferred upon the actions From Provisions of the Act me authority contained in and subject to Federal Power Commission by sections me jurisdiction conferred upon the Fed- 7 and 15 of the Natural Gas Act and the and for Order crai Power Commission by sections 7 and Commission’s rules of practice and pro S eptem ber 21, 1967. or the Natural Gas Act and the Com- cedure, a hearing will be held without Notice is hereby given that Axe- lesion’s rules of practice and procedure, further notice before the Commission on Houghton Stock Fund, Inc. (“Stock wil1 1)6 held without further this application if no protest or petition Fund”), and Axe Science Corp. (“Science J E 2 before the Commission on this ap- to intervene is filed within the time re Fund”), 400 Benedict Avenue, Tarry- cation if no protest or petition to inter- quired herein, if the Commission on its town, N.Y., open-end diversified manage herf- ls. hied within the time required own review of the matter finds that a ment investment companies registered v w n# x Cominission on its own re- grant of the certificate is required by the under the Investment Company Act of thf> ° matter finds that a grant of public convenience and necessity. If a 1940 (the “Act”) (sometimes collectively certificate is required by the public protest or petition for leave to intervene referred to as (“applicants”)), have filed FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13544 NOTICES a joint application pursuant to section would diminish the percentages of the officer and director of Stock Fund and 17(b) of the Act and Rule 17d-l promul outstanding Panacolor common stock Science Fund, is an affiliated person of gated under section 17(d) of the Act. owned by applicants and Fund A. each of such funds within the meaning of Applicants request an order of the Com On June 24, 1966, a registration state section 2(a) (3) of the Act. mission (1 ) exempting from the pro ment was filed by Panacolor covering The application states that the pro hibitions of sections 17(a) of the Act the 891,047 shares of its common stock, in posed exercise of the warrants by appli propose^ exercise by applicants of war cluding 20,000 shares of the 25,000 shares cants is consistent with their respective rants for the purchase of shares of com owned by Stock Fund, and 40,000 shares investment policies, as recited in their mon stock of Panacolor, Inc., and (2) of the 46,000 shares owned by Science registration statements and reports filed authorizing, pursuant to Rule 17d-l the Fund, and 10,000 and 20,000 shares which under the Act. Applicants also assert that acquisition by applicants of,the stock. Stock Fund and Science Fund may ac the terms of the warrants are fair and All interested persons are referred to quire, respectively, upon exercise of their reasonable. The exercise price of the war the application on file with the Commis warrants to purchase Panacolor stock. rants is $7.50 per share of common stock, sion for a statement of applicants’ rep On April 4,1967, the Commission insti and the high and low bid prices for Pana resentations, which are summarized tuted a proceeding under section 8(d) of color stock on September 7, 1967, were below: the Securities Act of 1933 to determine $24y2 and $24%, respectively. Neither Panacolor, Inc. (“Panacolor”), a Del whether a stop order should issue with Stock Fund nor Science Fund, individ aware corporation organized in June respect to said registration statement. ually, intends to exercise control over 1957, is engaged in the business of print The proceeding was based on allegations management of Panacolor, nor do they ing color film-for the motion picture in that the registration statement in its intend to exercise such control in concert. dustry by means of a process known as then form was materially misleading Section 17(a) of the Act, as here per the “Panacolor Process.” Panacolor is in representing that the Panacolor proc tinent, may prohibit Panacolor, which also engaged in the development of an ess was covered by patents and failing might be deemed to be an affiliated per audiovisual cartridge type projection de to disclose that patent applications cov-_ son of D. W. Ellsworth, who is in turn an vice called the “Panacolor Magazine Pro ering such process had been rejected b y affiliated person of each applicant, from jector.” Up to the present time, however, the U.S. Patent Office, and also in failing selling its securities to applicants unless there has been only very limited com to make adequate disclosure respecting the Commission grants an exemption mercial production utilizing the Process other patent applications, competitive upon a finding that the terms of the and no commercial production of the factors applicable to Panacolor’s opera proposed transaction, including the con Magazine Projector. Panacolor has had tions and Panacolor’s productive ca sideration to be paid, are fair and rea no income from operations to date, and pacity. sonable, and do not'involve overreaching has reported a continuing deficit. Solely for purposes of said proceeding on the part of any person concerned, Panacolor has currently issued and Panacolor admitted the allegations and and that the proposed transaction is outstanding 1,355,621 shares of common consented to the issuance of a stop order. consistent with the policy of each appli stock, of which Stock Fund owns 25,000 Thereafter, Panacolor filed amendments cant, as recited in- its registration state shares (1.84 percent) and Science Fund to the registration statement. ment and reports filed under the Act, and owns 46,000 shares (3.39 percent). 9,000 On September 20, 1967, the Commis is consistent with the general purposes shares (0.66 percent) of Panacolor’s sion issued a stop order suspending the of the Act. Applicants do not concede common stock are presently owned by effective date of the registration state that D. W. Ellsworth controls indirectly Axe-Houghton Fund A, Inc. (“Fund A”) , ment until 7 days thereafter so that there the Panacolor common stock owned by a registered open-end diversified invest would be a reasonable time for the public them and that as a consequence section ment company having the same invest to be apprised of the initial deficient^ 17(a) is applicable to the proposed trans ment adviser as Stock Fund. Fund A, filing. action, but seek relief thereunder in or Stock Fund, and Science Fund also own After the registration statement be der to eliminate any question as to full respectively, $90,000, $70,000, and $70,000 comes effective Stock Fund and Science compliance with section 17(a) of the Act. principal amount of Panacolor’s 6 per Fund may from time to time make sales Section 17 (d) of the Act and Rule 17d- cent convertible subordinate debentures of the Panacolor stock owned by them. 1 thereunder, taken together, provide, as due November 1, 1970. The debentures Fund A, Stock Fund, and Science Fund here pertinent, that it shall be unlawful may be converted in whole or in part at each has on its board of directors indi for an affiliated person of a registered any time up to November 1, 1970, into viduals who are also directors of one or investment company, acting as principal, shares of Panacolor common stock at a more of the other funds. Two persons act to participate in, or to effect any trans conversion price of $7.50 per share. as directors of each of the funds, and action in connection with, any joint Stock Fund and Science Fund each some of the officers of each of the funds transaction or arrangement in which any , own warrants to purchase 10,000 and Also serve the other funds in similar ca such registered company is a participant 20.000 shares, respectively, of Panacolor pacities. Each of the funds employs Axe unless an application regarding such ar- : common stock on or before October 6, Securities Corp. as its principal under rangement has been granted by the Com 1967, at a purchase price of $7.50 per writer and Fund A and Stock Fund em mission and that, in passing upon such share. Such warrants were issued to ap ploy E. W. Axe & Co., Inc., as investment application, the Commission will con plicants in October 1964. If applicants adviser. Science Fund employs as invest sider whether the participation of sucn exercise such warrants as proposed,. ment adviser Axe Science Management registered company in such arrangemen Panacolor would then have issued and Co., Inc. Some of the officers and direc is consistent with the privisions, policy, outstanding 1,385,621 shares of common tors of each of the'funds are also af* and purposes of the Act and the exten stock, of which Fund A would own 9,000 filiated with E. W. Axe & Co., Inc., Axe to which such participation is on a basis Securities Corp., and Axe Science Man different from or less advantageous tna shares (0.65 percent), Stock Fund would that of other participants. Applicants ao ownJJ5.000 shares (2.53 percent), and agement Co., Inc., D. W. Ellsworth is the Science Fund would own 66,000 shares chief executive officer of Stock Fund and not concede that section 17(d) oi (4.76 percent). Conversion of any of the Science Fund, and to control indirectly Act and Rule 17d-l thereunder are ap debentures might also increase the per investment advisers. In view of the above plicable to the proposed transactions, centages of Panacolor common stock circumstances, D. W. Ellsworth might seek relief thereunder in order to eum owned by applicants and Fund A. Pana be deemed to control Stock Fund and nate any question as to full comph color also has options, warrants, and con Science Fund, and to control indirectly with section 17 (d) of the Act. vertible debentures outstanding in addi the Panacolor common stock owned by Notice is hereby given that any tion to those held by applicants and Fund Stock Fund and Science Fund, which in terested person may, not late£ it A, which entitle the holders thereof to the aggregate constitutes more than 5 October 4, 1967, at 5:30 p.m., submit » acquire an aggregate of approximately percent of the Panacolor voting securi the Commission in writing a « JJ* « , 500.000 shares of Panacolor common ties now outstanding. Therefore, Pana a hearing on this matter accomp^^ * stock. The exercise of any or all of those color might be deemed to be an affiliate by a statement as to the nature options, warrants, or conversion rights of D. W. Ellsworth, who in turn, as an interest, the reason for such requ » FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13545 the Issues of fact or law proposed to be U.S. Tariff Commission herein reports ucts for use as original motor vehicle controverted, or he may request that he the results of an investigation (APTA- equipment (OEM), which are duty free be notified if the Commission shall order W-17) concerning the possible disloca under item 692.28. a hearing thereon. Any such communica tion of certain workers engaged in the Oil coolers. The Détroit plant produces tion should be-.addressed: Secretary, assembly of oil coolers, radiators, and coolers both for engine oil and trans Securities and Exchange Commission, clutches at the Long Manufacturing mission fluid. Engine oil coolers are used Washington, D.C. 20549. A copy of such Division of Borg-Warner Corp., in De with some engines for agricultural and request shall be served personally or by troit, Mich. The Commission instituted industrial equipment, and some buses mail (airmail if the person being served the investigation on August 2,1967, upon and trucks, but with no domestic auto is located more than 500 miles from the receipt of a request for investigation on mobiles except those having air-cooled point of mailing) upon applicants at the. troit, Mich. The Commission instituted engines. Transmission-fluid coolers are address stated above. Proof oFsuch serv the same day from the Automotive used with most automatic transmissions ice (by affidavit or in case of an attorney Agreement Adjustment Assistance Board. but with no manual transmissions. at law by certificate) shall be filed con Public notice of the investigation was Radiators. The radiators produced at temporaneously with the request. At any given in the F ederal R egister (32 F.R. the Detroit plant are of the tube-and-fin time after said date, as provided by Rule 11718) on August 12, 1967/ type, which were the kind used in most 0-5 of the rules and regulations promul The Automotive Assistance Commit water-cooling and a large share of the gated under the Act, an order disposing tee’s request for the investigation re heater radiators. Since 1964 that type has of the application herein may be issued sulted from a petition for determination been replaced by cheaper types for use by the Commission upon the basis of the of eligibility to apply for adjustment as in water-cooling in all domestic auto information'stated in such application, sistance that was filed with the Assist mobiles and most trucks and buses. unless an order for hearing shall be ance Board on August 2, 1967, by the Clutches. The Detroit plant produces issued upon request or upon the Com International Union, United Automobile, the two subassemblies of a clutch: The mission’s own motion. Persons who re Aerospace and Agricultural Implement clutch cover-plate subassembly (includ quest a hearing or advice as to whether Workers of America (U.A.W.) and its ing the pressure or driving plate) which a hearing is ordered, will receive notice Local 314 on behalf of a group of workers receives the engine torque, and the of further developments in this matter, at the Detroit plant of the Long Manu driven-plate subassembly which trans including the date of the hearing (if or facturing Division of Borg-Warner Corp. fers the torque to the transmission. In dered) and any postponements thereof. Neither the petitioners nor any other this report the term “clutch” does not party requested a hearing before the include those in transmissions. For the Commission (pursuant to del Commission, and none was held. egated authority). The petitioners alleged that a cutback Clutches are used in all motor vehicles not having automatic transmissions. [seal], O rval L. D tjB o is , in production of oil Coolers and radiators Virtually all clutches are the single-plate Secretary. was due to the transfer of production of such products to the plants of Long Man dry type; the double- and multiple-plate [F.R. Doc. 67-11291; Filed, Sept. 26, 1967; ufacturing Division, Borg-Warner (Can types are used in a few trucks and buses 8:46 a.m.] ada), Ltd., in Preston and Oakville, On and the wet type is used in a few trucks. tario. It was further alleged that this Borg-Warner Corp. and its Long action would affect other employees at Manufacturing Divisions. Borg-Warner the plant including those engaged in the Corp. (B-W), with headquarters in TARIFF COMMISSION production of clutches. The layoffs which Chicago, is a large diversified corporation [TC Publication 218] have resulted and those threatened were which operates about 50 domestic plants [APTA-W-17] attributed in the petition to the Automo and about 45 foreign plants. The prod tive Products-Trade Act of 1965. ucts of these plants include automotive CERTAIN WORKERS OF BORG- The information reported herein was equipment, builder and home consumer WARNER CORPORATION’S LONG obtained from a variety of sources, in products, industrial equipment, and MANUFACTURING DIVISION PLANT cluding Borg-Warner Corp. and its Long chemical and steel materials. In 1966, the Corporation’s net sales were $913 million, IN DETROIT, MICHIGAN Manufacturing Division, the major U.S. motor vehicle manufacturers, certain of which automotive equipment ac Report to the Automotive Agreement other automotive parts suppliers, the In counted for about 35 percent. Adjustment Assistance Board in ternational Union, U.A.W., and its Local The B-W plants that manufacture Adjustment Assistance Case 314, the Commission’s files and through products like those made at the Detroit fieldwork by members of the Commis plant of the Long Manufacturing Divi S eptem ber 21, 1967. sion’s staff. sion are: (I) The Chicago plant of the The Tariff Commission today reported The automotive products involved— Borg & Beck Division, (2) the Oakville, to the Automotive Agreement Adjust oil coolers, radiators, and clutch subas Ontario, plant, and (3) the Preston, ment Assistance Board the results of its semblies. Oil coolers, radiators, and Ontario, plant. Both Canadian plants are Investigation No. APTA-W-17, con clutch subassemblies (Borg-Warner, De under the Long Manufacturing Division ducted under section 302(e) of thé Auto troit, does not assemble complete of Borg-Warner (Canada), Ltd. The motive Products Trade Act of 1965. The clutches) are generally built to the spec Long Manufacturing Division of Detroit Commission’s report contains factual in ifications required for the particular and the Borg & Beck Division were orga formation for use by the Board, which ' motor vehicle. nized in 1965 in order to combine their determines the eligibility of the workers Oil coolers, radiators, and clutch sub- sales and engineering functions and are concerned to apply for adjustment as assemblies, which are parts of motor now the Borg & Beck/Long Divisions. sistance. The workers in this case were vehicles, are dutiable under item 692.27 The President of the Borg & Beck/Long employed in the Long Manufacturing of the Tariff Schedules of the United Divisions is also Chairman of the Board Division plant of Borg-Warner Corp. States at the rate of 8.5 percent ad of Long Manufacturing Division of B-W Only certain sections of the Commis valorem, unless they are Canadian prod- (Canada), Ltd. sion’s report can be made public since ***** much of the information it contains was 1 This investigation relates to an earlier Production and trade between the received in confidence. Publication of investigation, APTA-W-15, which was duly iUnited States and Canada. The Tariff : such information would result in the dis instituted on June 12, 1967, but subsequently Commission obtained information from closure of certain operations of individ terminated without prejudice by the Com the major North American automobile ual firms. The sections of the report that mission on July 31, 1967, before completion. The termination of APTA-W—15 resulted producers on production and trade be be made public are reproduced on me following pages. from a request for withdrawal initiated by tween the United States and Canada in the petitioners in order that a revised and each product covered by the investiga K^tZoduction- 111 accordance with sec- more extensive petition might be submitted. Sr?.302(e) of the Automotive Products The revised petition is the basis for this tion. February-May rather than May- 1Tade Act of 1965 (79 Stat. 1016), the investigation. August was selected for the purpose of , FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13546 NOTICES, comparing the most recent representa September 19, 1967, and continuing Robert S. McNamara, Secretary of De tive 4-month period with the correspond thereafter. fense; Lawrence F. O’Brien, Postmaster ing period of 1964 model year, in order O ffices General; Charles L. Schultze, Director of to avoid the effect of a difference in the the Budget; John W. Macy, Jr., Chair changeover periods between , the model Small Business Administration Regional Of fice, 411 North Akard Street, Dallas, Tex. man of the Civil Service., Commission; years. 75201. and Joseph A. Califano, Jr., Special As Annual U.S. production of oil coolers, Small Business Administration Regional Of sistant to the President. radiators, and clutches was greater in fice, 808 Travis Street, Houston, Tex. 77002. Accordingly, notice is hereby given of the 1965 model year than in 1964, and Small Business Administration Regional Of public hearings commencing at 9 a.m., that of radiators increased further in fice, 1616 19th Street, Lubbock, Tex. 79401. October 23, 1967, to be held in Hearing 1966; however, U.S. production of oil Small Business Administration Regional Of Room B, Interstate Commerce Commis coolers and clutches decreased in 1966 fice, 505 East Travis Street, Marshall, Tex. sion Building, Twelfth Street and Consti and that of all three products decreased 75670. Small Business Administration Regional Of tution Avenue NW., Washington, D.C., in 1967. Canadian production of oil cool fice, 301 Broadway, San Antonio, Tex. 78205. before the members of the committee or ers increased in each of the 3 years after their alternates. Employees and employee 1964, and production of radiators also 2. Temporary offices will be established organization representatives, department increased in each of those years, except at such other areas as are necessary, ad and agency officers, experts in labor- for a decrease in 1967 ; Canadian produc dresses to be announced locally. management relations, and other in tion of clutches, however, although it 3. Applications for disaster loans un terested groups and persons may appear was greater in 1967 than in 1964, fluc der the authority of this declaration will and be heard with respect to the question tuated irregularly during the 4-year not be accepted subsequent to March 31, of what the Federal employee-manage period * * *. 1968. ment relations program has accom Total U.S. production of oil coolers, Dated: September 20,1967. plished, and where it is deficient and of radiators, and clutches in the four most what adjustments are needed or appro recent representative months of model R obert C. M oot, priate to insure the continued vitality year 1967 was less than in the corres / Administrator. of the program in the public interest. ponding period of 1964J U.S. exports to [F.R. Doc. 67-11292; Filed, Sept. 26, 1967; Applications by any individual or organi Canada were less for oil coolers, and 8:46 a.m.] zation representative who wants to ap greater for radiators and clutches. Ca pear and testify at the hearing should nadian production and Canadian exports be received by the Secretary of Labor, to the United States of all three products Washington, D.C. 20210, not later than was greater. CIVIL SERVICE COMMISSION October 6, 1967. The applicant should ***** state his name and address, and indi By direction of the Commission. CORPSMEN SUPERVISOR AND EDU cate his interest in the matter and the CATION OFFICER ET AL. amount of time desired. Any person or [sea l] D o n n N . B e n t , organization may also file a written state Secretary. Manpower Shortage ment with the Secretary of Labor (in [F.R. Doc. 67-11336; Filed, Sept. 26, 1967; Under the provisions of 5 U.S.C. 5723, triplicate), not later than October 27, 8:49 a.m.] the Civil Service Commission has found, 1967. effective September 8, 1967, that there is Signed at Washington, D.C., this 22d a manpower shortage for the following day of September 1967. positions located in Job Corps Centers on a nationwide basis. W . W illard W irtz, SMALL BUSINESS Corpsmen Supervisor and Education Secretary of Labor. Officer, GS-301-12. [F.R. Doc. 67-11347; Filed, Sept. 26, 1967; ADMINISTRATION Counselor, GS-1710-7 and 9. 8:50 a.m.] Teacher (Vocational) GS-17HM5/9. [Declaration of Distaster Loan Area 636] Appointees to these positions may be TEXAS paid for the expenses of travel and trans portation to their first duty station. INTERSTATE COMMERCE Declaration of Disaster Loan Area U n it e d S tates C iv il S erv Whereas, it has been reported that ic e Co m m is s io n , COMMISSION during the month of September 1967, be [ seal] J am es C . S p r y , FOURTH SECTION APPLICATIONS cause of the effects of Hurricane Beu Executive Assistant to FOR RELIEF lah, damage resulted to residences and the Commissioners. S eptember business property located in the State of [F.R. Doc. 67-11300; Filed, Sept. 26, 1967;' 21, 1967. . Texas; 8:47 a.m.] Protests to the granting of an applica Whereas, the Small Business Adminis- tion must be prepared in accordance with tiation has investigated and has received Rule 1.40 of the general rules of practice other reports of investigations of condi (49 CFR 1.40) and filed w ithin 15 days tions in the areas affected; DEPARTMENT OF LABOR from the date of publication of this no ■Whereas, after reading and evaluating tice in the F ederal R egister. reports of such conditions, I find that Office of the Secretary the conditions in such areas constitute L ong- and-S hort H aul a catastrophe within the purview of the REVIEW COMMITTEE ON FEDERAL FSA No. 41134—Crushed stone from Small Business Act, as amended. EMPLOYEE-MANAGEMENT RELA Murray, Utah to points in official terri Now, therefore, as Administrator of TIONS tory. Filed by Western Trunk Line Com the Small Business Administration, I mittee, agent (No. A-2520), for ihter- hereby determine that; Notice of Hearing ested rail carriers. Rates on crushed 1. Applications for disaster loans under By memorandum of September 8,1967, stone, in carloads, from Murray, Utah, the provisions of section 7(b) (1) of the for the heads of executive departments to points in official territory. Small Business Act, as amended, may and agencies, the President of the United Grounds for relief—Market competi be received and considered by the offices States has designated a committee for the tion. , below indicated from persons or firms purpose of reviewing the Federal em Tariff—Supplement 63 to Western whose property, situated in all areas ployee-management relations program Trunk Line Committee, agent, tarm affected in the aforesaid State, suffered pursuant to Executive Order 10988. The ICC A—4620. damage or destruction resulting from committee is made up of W. Willard FSA No. 41135—Fresh meats and pack Hurricane Beulah beginning on or about Wirtz, Secretary of Labor, Chairman; inghouse products to points in southern FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13547 territory. Piled by Western Trunk Line Protests against the use of any pro (2) from Davenport, Iowa, over Inter Committee, agent (No. A-2521), for in posed deviation .route herein described state Highway 80 to junction Iowa High terested rail carriers. Rates on fresh may be filed with the Interstate Com way 149, thence over Iowa Highway 149 meats and packinghouse products, in car merce Commission in the manner and to junction U.S. Highway 63, thence over loads, from Oakland, Iowa, to points in form provided in such rules (49 CPR U.S. Highway 63 to Ottumwa, Iowa, and southern territory. 2 11.1 (e)) at any time? but will not oper return over the same routes, for operating Grounds for relief—Market competi ate to stay commencement of the pro convenience only. The notice indicates tion. posed operations unless filed within 30 that the carrier is presently authorized Tariff—Supplement 7 to Western days from the date of publication. to transport the same commodities, over Trunk Line Committee, agent, tariff ICC Successively filed letter-notices of the a pertinent service route as follows: From A-4660. same carrier under the Commission’s Davenport, Iowa, over Iowa Highway 22 Deviation Rules Revised, 1957, will be (formerly portion U.S. Highway 61) to By the Commission. numbered consecutively for convenience junction U.S. Highway 61, thence over [seal] H . N e il G a rso n, in identification and protests if any UB. Highway 61 to junction U.S. High Secretary. should refer to such letter-notices by way 34, thence over U.S. Highway 34 to [F.R. Doc. 67-11317; Piled, Sept. 26, 1967; number. Ottumwa, Iowa, and return over the 8:48 a.m.] same route. M otor C arriers of P roperty No. MC 13123 (Deviation No. 12), No. MC 2202 (Deviation No. 97), WILSON FREIGHT COMPANY, 3636 FOURTH SECTION APPLICATIONS ROADWAY EXPRESS, INC., 1077 Gorge Follett Avenue, Cincinnati, Ohio 45223, FOR RELIEF Boulevard, Post Office Box 471, Akron, filed September 12,1967. Carrier proposes Ohio 44309, filed September 13, 1967. to operate as a common carrier, by motor S eptember 22,1967. Carrier proposes to operate as a common vehicle, of general commodities, with Protests to the granting of an applica carrier, by motor vehicle, of general com certain exceptions, over deviation routes tion must be prepared in accordance with modities, with certain exceptions, over as follows: (1) Prom Indianapolis, Ind., Rule 1.40 of the general rules of practice a deviation route as follows; Prom Cin over Interstate Highway 70 to Kansas (49 CPR 1.40) and filed within 15 days cinnati, Ohio, over Interstate Highway City, Mo., (2) from Springfield, 111., over from the date of publication of this notice 75 to junction Kentucky Highway 922, Interstate Highway 55 to St. Louis, Mo., in the F ederal R eg ister. thence over Kentucky Highway 922 to thence over Interstate Highway 70 to L ong- and-S hort H aul junction Bypass U.S. Highway 60, thence Kansas City, Mo., (3) from Louisville, over Bypass U.S. Highway 60 around Ky., over Interstate Highway 65 to Chi PSA No. 41136—Iron or steel articles to Lexington, Ky., to junction U.S. Highway cago, HI., (4) from Harrisburg, Pa., over Jackson, Miss. Filed by O. W. South, Jr., 60, thence over U.S. Highway 60 to junc Interstate Highway 81 to junction Inter agent (No. A5057), for interested rail tion of Blue Grass Parkway, thence over state Highway 78, thence over Interstate carriers. Rates on iron or steel sheet, the Blue Grass Parkway to Elizabeth Highway 78 to Elizabeth, N.J., (5) from plain, in carloads, from New Boston and town, Ky., and return over the same Cincinnati, Ohio, over Interstate High Portsmouth, Ohio, to Jackson, Miss. route, for operating convenience only. way 71 to Columbus, Ohio, and (6) from Grounds for relief—Barge-rail compe The notice indicates that the carrier is Springfield, Ohio, over Interstate High tition. presently authorized to transport the way 70 to Columbus, Ohio, and return Tariff—Supplement 112 to Southern same commodities, over a pertinent serv over the same routes, for operating con Freight Association, agent, tariff ICC ice route as follows: Prom Cincinnati, venience only. The notice indicates that S-502. Ohio, over U.S. Highway 42 to Louisville, the carrier is presently authorized to FSA No. 41137—Clay from points in Ky., thence over U.S. Highway 31W to transport the same commodities, over Mississippi. Piled by O. W. South, Jr., Elizabethtown, Ky., and return over the pertinent service routes as follows: (1 ) agent (No. A5058), for interested rail same route. Prom Indianapolis, Ind., over U.S. High carriers. Rates on clay, kaolin, or py- No. MC 2202 (Deviation No. 98) (Can way 36 to junction U.S. Highway 54 (at rophyllite, in carloads, from Jackson and cels Deviation No. 46), ROADWAY EX or near Pittsfield, 111.), thence over U.S. Aberdeen, Miss., and points grouped PRESS, INC., 1077 Gorge Boulevard, Post Highway 54 to Kingdom City, Mo., thence therewith, to Mankato, Minn., and points Office Box 471, Akron, Ohio 44309, filed over U.S. Highway 40 to Kansas City, Mo., grouped therewith in National Rate September 13, 1967, Carrier proposes to (2) from Springfield, 111., over U.S. High Basis tariff 1-A. way 36 to junction U.S. Highway 54 (at Grounds for relief—Market competi operate as a common carrier, by motor tion. vehicle, of General commodities, with or near Pittsfield, 111.), thence over the certain exceptions, over a deviation route route described in ( IT" above to Kansas Tariff—Supplement 271 to Southerr City, Mo., (3) from Louisville, Ky., over Freight Association, agent, tariff ICC as follows: Between Chattanooga, Tenn., S-40. and Nashville, Tenn., over Interstate U.S. Highway 31 to junction Indiana Highway 24, for operating convenience Highway 62, thence over Indiana High By the Commission. only. The notice indicates that the car way 62 to junction Indiana Highway 107, rier is presently authorized to transport thence over Indiana Highway 107 to ^SEAL] H . N e il G a rso n, the same commodities, over a pertinent junction U.S. Highway 421, thence over Secretary. service route as follows: Between Chat U.S. Highway 421 to junction U.S. High [F.R. Doc. 67-11318; Piled, Sept. 26, 1967; tanooga, Tenn., and Nashville, Tenn., way 52, thence over U.S. Highway 52 to 8:48 a.m .] over U.S. Highway 41. junction U.S. Highway 41, thence over No. MC 10343 (Deviation No. 13), U.S. Highway 41 to Chicago, 111. [N otice 465] CHURCHILL TRUCK LINES, INC., U.S. (4) From Harrisburg, Pa., over U.S. Highway 36 West, Post Office Box 250, Highway 22 to Elizabeth, N.J. (also from motor c a r r ie r a l t e r n a t e r o u t e Chillicothe, Mo. 64601, filed September Harrisburg, Pa., over U.S. Highway 422 to d e v ia t io n n o t ic e s 11, 1967. Carrier proposes to operate as Philadelphia, Pa., thence over U.S. High a common carrier, by motor vehicle, of way 1 to Elizabeth, N.J.), (also from S eptem ber 22,1967. general commodities, with certain excep Harrisburg, Pa., over Pennsylvania High The following letter-notices of pro- tions, over deviation routes as follows: way 230 to Lancaster, Pa., thence over foTft operate over deviation routes (1) Prom Davenport, Iowa, over Inter U.S. Highway 30 to Philadelphia, Pa., fii PP^ting convenience only have been state Highway 80 to junction Iowa High thence over U.S. Highway 1 to Elizabeth, ea with the Interstate Commerce Com- way 1, thence over Iowa Highway 1 to N.J.), (5) from Cincinnati, Ohio, over t,irm un(*er the Commission’s Devia- junction Iowa Highway 92, thence over U.S. Highway 22 to Washington Court (eWi???eS ^Vtsfed. 1957 <49 CFR 211.1 Iowa Highway 92 to junction Iowa High House, Ohio, thence over Ohio Highway « ant* n°tice thereof to all inter way 149, thence over Iowa Highway 149 3 to Columbus, Ohio, (also from Cincin in »ersons *s hereby given as provided in junction U.S. Highway 63, thence over nati, Ohio, over U.S. Highway 42 to junc such rules (49 CFR 211.1(d) (4)). U.S. Highway 63 to Ottumwa, Iowa, and tion U.S. Highway 40, thence over U.S. No. 187—Pt. i----io FEDERAL REGISTER, V O L 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13548 NOTICES Highway 40 to Columbus, Ohio), and (6) near Washington, Pa., over Interstate over U.S. Highway 5 to Springfield, Mass., from Springfield, Ohio over U.S. Highway Highway 70 to junction Interstate High (2) from Boston,. Mass., over Massa 40 to Columbus, Ohio (also from Spring- way 79, thence over Interstate Highway chusetts Highway 2 to junction Massa field, Ohio over Ohio Highway 41 (for 79 to Pittsburgh, Pa., and return over chusetts Highway 2A approximately 3 merly Ohio Highway 70) to junction the same route, for operating conven miles west of Concord, Mass., thence over U.S. Highway 42, thence over U.S. High ience only. The notice indicates that the Massachusetts Highway 2A to Fitchburg, way 42 to junction U.S. Highway 40, carrier is presently authorized to trans Mass., thence over Massachusetts High thence over U.S. Highway 40 to Colum port the same commodities, over perti way 12 to the Massachusetts-New Hamp bus, Ohio), (also from Springfield, Ohio, nent service routes as follows: (1) From shire State line, thence over New Hamp over Ohio Highway 41 (formerly Ohio Philadelphia, Pa., over U.S. Highway 13 shire Highway- 12 to Walpole, N.H., Highway 70) to junction U.S. Highway to junction U.S. Highway 40, thence over thence across the Connecticut River to 42, thence over U.S. Highway 42 to junc U.S. Highway 40 to St. Louis, Mo., and Westminster Station, Vt., thence over tion Ohio Highway 142, thence over Ohio (2) from Pittsburgh, Pa., over U.S. High U.S. Highway 5 to Bellows Falls, Vt„ Highway 142 to junction U.S. Highway way 19 to Washington, Pa., and return thence over Vermont Highway 103 to 40, thence over U.S. Highway 40 to Co- over the same routes. Rutland, Vt., thence over U.S. Highway . lumbus, Ohio), and return over the same No. MC 59135 (Deviation No. 3), RED 7 to Burlington, Vt. routes. STAR EXPRESS LINES OF AUBURN, (3) From Richford, Vt., over Vermont No. MC 30202 (Déviation No. 1), BOS INCORPORATED, 24-50 Wright Avenue, Highway 105 to St. Albans, Vt., thence TON & TAUNTON TRANSPORTATION Auburn, N.Y. 13021, filed September 11, over U.S. Highway 7 to Burlington, Vt., CO., 200 Frontage Road, Boston, Mass. 1967. Carrier proposes to operate as a "thence over U.S. Highway 2 to Mont 02118, filed September 15, 1967. Carrier’s common carrier, by motor vehicle, of pelier, Vt., thence over U.S. Highway 302 representative: Francis E. Barrett, Pro general commodities, with certain excep to Barre, Vt., thence over Vermont High fessional Building, 25 Bryant Avenue, tions* over a deviation route as follows: way 14 to White Rivër Junction, Vt., East Milton (Boston), Mass. 02186. Car From Syracuse, N.Y., over Interstate thence over U.S. Highway 5 to Ascutney, rier proposes to operate as a common Highway 81 to junction Pennsylvania Vt., thence across the Connecticut River carrier, by motor vehicle^ of general Turnpike, Northeast Extensioh, at Scran and over New Hampshire Highway 103 to commodities, with certain exceptions, ton, Pa., thence over the Pennsylvania Bradford, N.H., thence over New Hamp over deviation routes as follows: (1 ) Turnpike, Northeast Extension, to junc shire Highway 114 to Manchester, N.H., From the southern termini of Interstate tion Pennsylvania Turnpike near Plym thence over U.S. Highway 3 to Boston, Highway 93 at or near Boston, Mass., outh Meeting, Pa., thence over Pennsyl Mass., and (4) from Boston, Mass., over over Interstate Highway 93 to Lawrence, vania Turnpike to Exit 28 at U.S. Massachusetts Highway 2 to Greenfield, Mass., (2) from Boston, Mass., over In Highway 1, thence over U.S. Highway 1 Mass., thence over U.S. Highway 5 to terstate Highway 90 to Auburn, Mass., to Philadelphia, Pa., and return over the Bellows Falls, Vt., and return from Bel thence over Massachusetts Highway 12 to same routes for operating convenience lows Falls over U.S. Highway 5 to Worcester, Mass., (3) from junction only. The notice indicates that the car Brattleboro, Vt., thence over Connecticut Massachusetts Highways 138 and 128, rier is presently authorized to transport River Bridge to junction New Hampshire over Massachusetts Highway 128 to the same commodities over a pertinent Highway 119, thence over New Hamp junction Massachusetts Highway 24, service route as follows: From Syracuse, shire Highway 119 to Hinsdale, N.H., thence over Massachusetts Highway 24 N.Y., over U.S. Highway 11 to Bingham thence over New Hampshire Highway 63 to Fall River, Mass., and (4) from the ton, N.Y., thence over New York High to the New Hampshire-Massachusetts northern termini of Interstate Highway way 17 to the New York-New Jersey State State line, thence over Massachusetts 95 at or near Boston, Mass., over Inter line, thence over New Jersey Highway. 17 Highway 10 to Northfield, Mass., thence state Highway 95 to Providence, R.I., and (formerly New Jersey Highway 2) to over Massachusetts Highway 63 to return over the same routes, and also to junction New Jersey Highway 3 near Millers Falls, Mass., thence over Mas enter, leave and reenter the aforemen Carlstadt, N.J., thence over New Jersey sachusetts Highway 2 to Boston, Mass., tioned expressways at all exits and en Highway 3 to junction U.S. Highway 1, and return over the same routes. trances, for operating convenience only. thence over U.S. Highway 1 to Philadel M otor Carriers op P assengers The notice indicates that the carrier is phia, Pa., and return over the same presently authorized to transport the route. No. MC . 1515 (Deviation No. 400), I same commodities, over pertinent service No. MC 108473 (Deviation No. 15), GREYHOUND LINES, INC. (Southern routes as follows: (1) From Boston, ST. JOHNSBURY TRUCKING COM Division), 219 East Short Street, Lexing-, Mass., over U.S. Highway 3 to Lowell, PANY, INC., 38 Main Street, St. Johns- ton, Ky. 40507, filed September 11,1967. ! Mass., thence over Massachusetts High bury, Vt. 05819, filed September 13, 1967. Carrier proposes to operate as a common way 110 to Lawrence, Mass., (2) from Carrier’s representative: Francis E. Bar carrier, by motor vehicle, of passengers Boston, Mass., over U.S. Highway 20 to rett, Professional Building, 25 Bryant and their baggage, and express and news junction Massachusetts Highway 9, (3) Avenue, East Milton (Boston), Mass. papers in the same vehicle with pas from junction Massachusetts Highways 02186. Carrier proposes to operate as a sengers, over a deviation route as 9 and 128 over Massachusetts Highway 9 common carrier, by motor vehicle,. of follows: From Durham, N.C., °JeI \ to Worcester, Mass., (4) from Boston, general commodities, with certain ex Interstate Highway 85 to junction | Mass., over Massachusetts Highway 138 ceptions, over deviation routes as fol Interstate Highway 95 at Petersburg,! to Fall River, Mass., and ,(5) from Bos lows: (1) From Springfield, Mass., over Va., thence over Interstate Highway ton, Mass., over Massachusetts Highway Interstate Highway 91 to White River 95 to Richmond, Va., and return over 1A to junction U.S. Highway 1, thence Junction, Vt., and (2) from junction U.S. the same route, for operating con over U.S. Highway 1 to Providence, R.I. Highway 2 and Interstate Highway 89, venience only. The notice indicates t (also from Boston, Mass., over U.S. High north of Burlington, Vt., over Interstate the carrier is presently authorized way 1 to junction Massachusetts High Highway 89 to Montpelier, Vt., also to transport passengers and the same proP" way 1A), and return over the same enter, leave, and reenter the aforemen erty, over pertinent service routes as io_- routes. tioned expressways at all entrances and lows: (1) From Richmond, Va., over u °. No. MC 42487 (Deviation No. 69), CON exits, and return over the same' route, Highway 1 via Petersburg and South fin, SOLIDATED FREIGHTWAYS CORPO for operating convenience only. The Va., to Henderson, N.C., (2) from Cum RATION OF. DELAWARE, 175 Linfield notice indicates that the carrier is pres berland, Va., over Virginia Highway « Drive, Menlo Park, Calif. 94025, filed ently authorized to transport the same to Farmville, Va., thence over U.S. High September 11, 1967. Carrier proposes to commodities, over pertinent service way 15 to Creedmoor, N.C., (3) fro operate as a common carrier, by motor routes as follows: (1) From Keene, N.H., Durham, N.C., over U.S. Highway 15 vehicle, of general commodities, with over New Hampshire Highway 10 to the Creedmoor, N.C., and (4) from O or >. certain exceptions, over a deviation route New Hampshire-Massachusetts State N.C., over U.S. Highway 158 to junctio as follows: From junction Interstate line, thence over Massachusetts Highway Highway 70 and U.S. Highway 40 at or 10 to junction UJS. Highway 5, thence Alternate U.S. Highway 158, thence ov FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13549 Alternate U.S. Highway 158 to Hender wood and Dade City, Fla., to junction of iron and steel (except in bulk and tank son, N.C., and return over the same Florida Highway 39, (4) from Belleview, vehicles), between points in the St. routes, y Fla., over U.S. Highway 441 to Orlando, Louis, Mo.-East St. Louis, 111., commer No. MC 1515 (Deviation No. 401) (Can Fla. cial zone, as defined by the Commission, cels Deviation No. 131), GREYHOUND (5) From Orlando, Fla., over Highwayand Alton and Madison, HI., on the one LINES, INC. (Southern Division), 219 50 to junction unnumbered highway, hand, and, on the other, points in Ala East Short Street, Lexington,'Ky, 40507, thence over unnumbered highway via bama, Arkansas, Florida, Georgia, Ken filed September 11,1967. Carrier proposes Ocoee, Winter Garden, Oakland, Mo tucky Louisiana, Mississippi, and Tennes to operate as a common carrier, by motor hawk, Minneola, and Clermont, Fla., to see. N ote: Applicant states it intends to vehicle, of passengers and their hag gage, junction Florida Highway 561, (6) from offer fabrication and/or storage at Bir and express and newspapers in the same Iverness, Fla., over Florida Highway 44 to mingham, Ala. and 10 miles thereof. vehicle with passengers, over a deviation Leesburg, Fla., (7) from Kissimmee, Fla., HEARING: October 30, 1967, in Room route as follows: From Miami, Fla., over over U.S. Highway 192 to Holopaw, Fla., 401, U.S. Courthouse and Customhouse, Interstate Highway 95 to junction with thence over U.S. Highway 441 via Okee 1114 Market Street, St. Louis, Mo., before the Sunshine State Parkway, thence over chobee, Fla., to junction U.S. Highway Examiner James A. McKiel. This appli the Sunshine State Parkway to junction 98, thence over U.S. Highway 98 to West cation is subject to the same special rules Interstate Highway 75, west qfWildwood, Palm Beach, Fla., (8) from Holopaw, Fla., of procedure for hearing as detailed in Fla., thence over Interstate Highway 75 over U.S. Highway 192 to Melbourne, Fla., the order of No. MC 10761 (Sub-No. 202), to junction Florida Highway 200, thence (9) from junction U.S. Highways 441 and Transamerican Freight Lines, Inc. (et over Florida Highway 200 to Ocala, Fla., 98 east of Loxahatchee, Fla., over U.S. al.), dated August 16, 1967, and served with the following access routes (1 ) from Highway 441 to Miami, Fla., (10) from August 31, 1967. junction Interstate Highways 95 and 195 Leesburg, Fla., over U.S. Highway 27 to No. MC 504 (Sub-No. 90) (Republica to Miami, Fla., over Interstate Highway Minneola, Fla., (11). from junction tion), filed October 28, 1966, published 195 to Miami Beach, Fla., (2) from junc Florida Highways 710 and 70 over Florida F ederal R egister issue of November 17, tion of Sunshine State Parkway and Highway 70 to junction Florida Highway 1966, and republished this issue. Appli Florida Highway 820 over Florida High 700, and (12) from West Palm Beach, Fla., cant: HARPER MOTOR LINES, INC., way 820 to Hollywood, Fla., (3) from over Florida Highway 702 to junction 213 Long Avenue, Elberton, Ga. Appli junction Sunshine State Parkway and Florida Highway 809, thence over Florida cant’s representative: Monty Schu Sunrise Boulevard (McArthur Inter Highway 809 to junction Florida High macher, Suite 673,1375 Peachtree Street change) over Sunrise Boulevard, West way 710, thence over Florida Highway NE., Atlanta, Ga. 30309. By application Dixie Highway and Broward Boulevard 710 to junction Florida Highway 706, and filed October 28, 1966, applicant seeks a to Fort Lauderdale, Fla., thence over return over the same routes. certificate of public convenience and ne cessity authorizing operation, in inter Florida Highway 84 to the Sunshine State By the Commission. Parkway, (4) from Junction Sunshine state or foreign commerce, as a common State Parkway and Florida Highway 814 [ seal] H. N eil G arson, carrier by motor vehicle, over irregular over Florida Highway 814 to Pompano Secretary. routes, of juices, beverages, or drinks Beach, Fla., (5) from junction Sunshine [F.R. Doc. 67-11319; Filed, Sept. 26, 1967; (other than citrus), not requiring re State Parkway and Florida Highway 806 8:48 a.m.] frigeration, and not moving in bulk, over Florida Highway 806 to Delray from and to the points indicated below. Beach, Fla. An order of the Commission, Operating [Notice 1108] (6) From junction Sunshine State Rights Board, dated August 31,1967, and Parkway and Florida Highway 802 over served September 13,1967, finds that the MOTOR CARRIER APPLICATIONS AND present and future public convenience Florida Highway 802 to Lake Worth, Fla., CERTAIN OTHER PROCEEDINGS (7) from junction Sunshine State Park and necessity require operation by ap way and Florida Highway 704 over S eptember 22,1967. plicant, in interstate or foreign com Florida Highway 704 to West Palm The following publications are gov merce, as a common carrier by motor Beach, Fla., (8) from junction Sunshine erned by Special Rule 1.247 of the Com vehicle, over irregular routes, of fruit State Parkway and Florida Highway 714 juices and nonalcoholic beverages other mission’s rules of practice, published in than citrus juices and nonalcoholic cit over Florida Highway 714 to Stuart, Fla., the F ederal R egister issue of April 20, (9) from junction Sunshine State Park 1966, which became effective May 20, rus beverages (not frozen and not in way and Florida Highway 70 over Florida 1966.— bulk), from points in Florida, to points Highway 70 to Fort Pierce, Fla., (10) in Illinois (except Chicago and points The publications hereinafter set forth in the Chicago, 111., commercial zone), from junction Sunshine State Parkway reflect the scope of the applications as and Florida Highway 60 over Florida Indiana (except Indianapolis, and points filed by applicant, and may include in the Indianapolis, Ind., commercial Highway 60 to junction U.S. Highway descriptions, restrictions, or limitations Dl) from junction Sunshine State zone), Michigan, Ohio (except Cincin which are not in a form acceptable to the nati, and points in the Cincinnati, Ohio, Parkway and U.S. Highway 192 over U.S. Commission. Authority which ultimately Highway 192 to St. Cloud, Fla., (12) from commercial zone), points in Wisconsin on may be granted as a result of the appli and south of U.S. Highway 18, and St. junction Sunshine State Parkway and cations here noticed will not necessarily U.S. Highway 17 over U.S. Highway 17 to Louis, Mo.; that applicant is fit, willing, reflect the phraseology set forth in the and able properly to perform such serv Kissimmee, .Fla., thence over U.S. High application as filed, but also will elim way 192 to junction with the Sunshine ice and to conform to the requirements inate any restrictions which are not ac of the Interstate Commerce Act and the state Parkway, and (13) from junction ceptable to the Commission. sunshine State Parkway and Interstate Commission’s rules and regulations Highway 4 over Interstate Highway 4 to Applications Assigned for O ral H earing thereunder. Because it is possible that other parties, who have relied upon the jTiando, Fl&., and return over the same MOTOR CARRIERS OF PROPERTY «jutes, for operating convenience only, notice of the application as published, ■me notice indicates that the carrier is No. MC 115840 (Sub-No. 31), filed Sep may have an interest in and would be Presently authorized to transport passen- tember 18, 1967. Applicant: COLONIAL prejudiced by the lack of proper notice an<* same property over perti- FAST FREIGHT LINES, INC., 1215 of the authority described in the findings ent service routes as follows: (1) From Bankhead Highway West, Post Office in this order, a notice of the authority Jacksonville, Fla., over U.S. Highway 1 Box 2169, Birmingham, Ala. Applicant’s actually granted will be published in the J^urm ^l and Daytona Beach to Key representative: C. E. Wesley (same ad F ederal R egister and issuance of a cer • ’'» Fla., (2) from Jacksonville, Fla., dress as applicant). Authority sought to tificate in this proceeding will be with operate as a common carrier, by motor held for a period of 30 days from the !!er U-S. Highway 17 to Lake Alfred, vehicle, over irregular routes, transport date of such publication, during which *. •’ (3) from Gainesville, Fla., over U.S. ing : Iron and steel, iron and steel articles, period any proper party in interest may ghway 441 via Ocala to Belleview, Fla., and equipment, materials, and supplies file a petition to reopen or for other ap ence over U.S. Highway 301 via Wild used in the manufacture and processing propriate relief setting forth in detail the FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13550 NOTICES precise manner in which it has been so necessity authorizing operation, in in of corrugated steel pipe, from Alma, prejudiced. • terstate or foreign commerce, as a com Mich., to points in Ohio, north of No. MC 127609 (Sub-No. 1) (Republi mon carrier by motor vehicle, over ir U.S. Highway 36, under a continu cation) , filed January 3; 1966, published regular routes transporting passengers ing contract with Armco Steel Corp., F ederal R eg ister issue of January 27, in special work operations; beginning Middletown, Ohio, will be consistent with 1966, and republished this issue. Appli and ending at Ware, Palmer, and Mon the public interest and the national cant: ELMER E. LAIRD, doing business son, Mass., and Stafford, Crystal Lake, transportation policy; that applicant is as ELMER E. LAIRD & SON, 3135 West and Tolland, Conn., and extending to the fit, willing, and able properly to perform North Temple, Box 1343, Salt Lake City, site of Pratt and Whitney, Division of such service and to conform to the re Utah. In the above-entitled proceeding, United Aircraft Corp. plant in East Hart quirements of the Interstate Commerce a decision and order of the Commission, ford, Conn. An order of the Commission, Act and the Commission’s rules and reg Review Board Number 2, dated Septem Operating Rights Board, dated August 31, ulations thereunder. Because it is pos ber 8, 1967, and served September 13, 1967, and served September 13, 1967, sible that other parties, who have relied 1967, finds that the evidence considered finds that the present and future public upon thq notice of the application as in the light of the pleadings does not convenience and necessity require oper published, may have an interest in and warrant a result different from that ation by applicant, in interstate or for would be prejudiced by the lack of proper reached by the joint board; and that the eign commerce, as a common carrier by notice of the authority described in the statement of facts, the conclusions, and motor vehicle, over regular routes, of findings in this order, a notice of the the findings of the joint board, 'being passengers, between Ware, Mass., and authority actually granted will be pub proper and correct in all material re the site of Pratt and Whitney, Division lished in the F ederal R egister and issu spects, should be, and they are hereby, of United Aircraft Corp. plant in East ance of a perrAit in this proceeding will affirmed and adopted as our own, there Hartford, Conn.; from Ware south over be withheld for a period of 39 days from fore, the present and future public con Massachusetts Highway 32, through the date of such publication, during venience and necessity require operation Palmer and Monson, Mass., to the Mas- which period any proper party in interest by applicant, in interstate or foreign sachusetts-Connecticut State line, thence may file a petition to reopen or for other commerce as a contract carrier by motor south over Connecticut Highway 32 to appropriate relief setting forth in detail vehicle, over irregular routes, of sport junction Interstate Highway 84, thence the precise manner in which it has been ing poods, fire alarms, vacuum cleaners, southwest over Interstate Highway 84 to so prejudiced. sewing machines, sewing machine cases, East Hartford, Conn., thence over city No. MC 129087 (Republication), filed electric "blenders, photo albums, floor streets to the above-described plantsite, May 8, 1967, published F ederal R egister sanding, waxing and cleaning machines, and return over the same routes, serving issue of June 2,1967, and republished this cameras, projectors, lawn mowers, en the intermediate points of Palmer and issue. Applicant: LORAIN A. BELL, doing cyclopedias, cookware, dishware, melmac Monson, Mass.; that applicant is fit, will business as L. A. BELL MOTOR LINES, products, can openers, coffee makers, ing, and able properly to perform such 1511 Warwick - Avenue, Whiting, Ind. luggage, watches, power tools, radios, service and to conform to the require Applicant’s representative: Joseph M. toothbrushes, grass catchers, picnic jugs, ments of the Interstate Commerce Act SGanlan, 111 West Washington Street, cutlery, and advertising materials, (1 ) and the Commission’s rules and regula Chicago, HI. 60602. By application filed from Salt Lake City, Utah, to Los An tions thereunder. Because it is possible May 8, 1967, applicant seeks a certificate geles and the Los Angeles Harbor com that other parties, who have relied upon of public convenience and necessity au mercial zone and San Jose, Calif., and the notice of the application as published, thorizing operation, in interstate or for (2) from Lös Angeles and the Los Angeles may have an interest in and would be eign commerce, as a common carrier by Harbor commercial zone, to Salt Lake prejudiced by the lack of proper notice motor vehicle, ovqr irregular routes, of City, Utah, under a continuing contract of the authority described in the find such goods, wares, merchandise, equip with National Housewares, Inc., of Salt ings in this order, a notice of the au ment, materials, and supplies are used Lake City, Utah; will be consistent with thority actually granted will be published or useful to persons engaged in the man the public interest and the national in the F ederal R egister and issuance of ufacture and sale of plastic cases and transportation policy; and that applicant a certificate in this proceeding will be containers, and as displays and adver is fit, willing, and able properly to per withheld for a period of 30 days from tising matter when moving in conjunc form such service and to conform to the the date of such publication, during tion with the foregoing commodities, be requirements of the Interstate Commerce which period any proper party in inter tween Porter, Ind., on the one hand, and, Act, and the Commission’s rules and reg est may file a petition, to reopen or for on the other, Stevensvifle, Sawyer, Ben ulations thereunder. Because it is pos other appropriate relief setting forth in ton Harbor, and Holland, Mich., and sible that other parties, who have relied detail the precise manner in which it points in Cook, Du Page, and Lake upon the notice of the application as has been so prejudiced. Counties, 111. An order of the Com published, may have an interest in and No. MC 128992 (Sub-No. 1) (Republi mission, Operating Rights Board, dated would be prejudiced by the lack of proper cation) filed April 20, 1967, published August 31, 1967, and served Septem notice of the authority described in the F ederal R egister issue of May 11, 1967, ber 15, 1967, as amended, finds that findings in this order, a'notice of the and republished this issue. Applicant: the present and future public con authority actually granted will be pub J. C. SMITH & SONS, INC., 1205 Michi venience and necessity require opera lished in the F ederal R egister and issu gan Avenue, St. Louis, Mich. 48880. Ap tion by applicant, in interstate or foreign ance of a permit in this proceeding will plicant’s representative: J. David Sulli commerce, as a common carrier by motor be withheld for a period of 30 days from van, 209 West Superior Street, Post Of vehicle, over irregular routes, of w the date of such publication, during fice Box 408, Alma, Mich. 48801. By ap plastic cases and plastic containers, from which period any proper party in inter plication filed April 20, 1967, applicant Porter, Ind., to Stevensville, Sawyer, Ben est, may file a petition to reopen or for seeks a permit authorizing operations, in ton Harbor, and Holland, Mich,, and other appropriate relief setting forth in interstate of foreign commerce, as a con points in Cook, Du Page, and Lake Coun detail the precise manner in which it has tract carrier by motor vehicle, over ir ties, HI,; and (2) such materials and sup been so prejudiced. regular routes, of corrugated steel pipe, plies as are used in the manufacture and No. MC 128984 (Republication), filed plain galvanized, or asphalt coated, and sale of plastic cases and plastic contain April 28, 1966, published F ederal R e g is fittings, and accessories with flat-bed ers (except such commodities in bulk), ter issue of April 13, 1967, and repub trailers with chains and stakes, tie- from Stevensville, Sawyer, Benton Har lished this issue. Applicant: LUCIUS E. downs, and from and to the points indi bor, and Holland, Mich., and points |n YOUNG, Palmer Road, Monson, Mass. cated below. An order of the Commis Cook, Du Page, and Lake Counties, 111., Applicant’s representative: Arthur M. sion, Operating Rights Board, dated Porter, Ind.; that applicant is fit, willing, Marshall, 135 State Street, Suite 200, August 31, v 1967, and served Sep and able properly to perform such servi tember 12, 1967, finds that opera and to oonform to the requirements o Springfield, Mass. 01103. By application tion by applicant, in interstate or the Interstate Commerce Act and me filed April 28, 1966, applicant seeks a foreign commerce, as a contract carrier Commission’s rules and certificate of public convenience and by motor vehicle, over irregular routes, thereunder. Because it is possible th FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13551 other parties, who have relied upon the way 5 to Syracuse; and (c) from Roch town of Manlius bounded on the north notice of the application as published, ester oyer New York Highway 96 to junc by State Highway Route No. 5, on the may have an interest in and would be tion New York Highway 332, thence over east by State Highway Route No. 62, and prejudiced by lack of proper notice of the New York Highway 332 to Canandaigua, on the southerly and westerly sides by authority described in the findings in thence over New York Highway 5 to Highbridge Road and including all of the this order, a notice of the authority ac Syracuse, and return over the same villages of Fayetteville and Manlius; also tually granted will be published in the routes, serving all intermediate points in, the following portion of the town of Pederal R egister and issuance of a cer (1 ) (a), (b), and (c) above, and those Camillus: Beginning at the intersection tificate in this proceeding will be with in the commercial zones oL Syracuse, of the Gerelock Road (County Road No. held for a period of 30 days from the date Rochester, Auburn, Canandiaigua, and 220), Bennett Road (County Road No. of such publication, during which period Geneva, N.Y., all of which said commer 223) and the Fairmount-Belle Isle Road any proper party in interest may file a cial zones are defined by the New York (County Road No. 100) now generally petition to reopen or for other appropri Public Service Commission as set forth known as Belle Isle-Amboy Road, and ate relief setting forth in detail the in N ote (1) below; and serving as off- extending from that intersection north precise manner in which it has been so route points in connection with the westerly along Fairmount-Belle Isle prejudiced. above-described routes, points in that Road (County Road No. 100) now known part of New York bounded by a line be as Belle Isle-Amboy Road to the Syracuse Notice of F iling of P etition ginning at the junction of New York Municipal Airport and including service No. MC 115841 (Sub-No. 254), (Peti Highways 31 and 96 and extending east to all parts of the Syracuse Municipal tion for Removal of Restriction), filed along New York Highway 31 to junction Airport, and that portion of the town of September 5, 1967. Petitioner: COLO New York Highway 3 IB, thence easterly Clay bounded as follows: NIAL REFRIGERATED TRANSPORTA along New York Highway 31B to junction Beginning at the intersection of Bear TION, INC., Birmingham, Ala., Post New York Highway 5, thence westerly Road (County Road No. 191) and the Office Box 2169. Petitioner’s representa along New York Highway 5 to junction Clay-Cicero town line, thence westerly tive: C. E. Wesley (same address as New York Highway 332, thence easterly along Bear Road to its intersection with above). Petitioner states it holds author along New York Highway 332 to junction Buckley Road (County Road No. 161), ity in No. MC 115841 (Sub-No. 254) to New York Highway 96, thence westerly thence northwesterly on Buckley Road to transport: Candy, confectionery prod along New York Highway 96 to junction its intersection with Seventh North ucts, and ingredients thereof, from New York Highway 31 which is the point Street, thence northerly on Seventh Reading, Pa., to points in Tennessee, with of beginning, including points on the in North Street to its intersection with no transportation for compensation on dicated portions of the specified high Wetzel Road, thence westerly on Wetzel return except as otherwise authorized, ways; and (d), between Rochester and Road to its intersection with Morgan restricted against combining the author Syracuse over the New York State Thru Road, thence southerly on Morgan Road ity granted herein with any authority way, as an alternate route for operating to the Salina-Clay town line, thence presently held by it for the purpose of convenience only, serving no inter easterly along the Salina-Clay town line performing a through transportation mediate points. to its intersection with the Clay-Cicero service. By the instant petition, petitioner (2) Over irregular routes: Nursery town line, thence northerly along the seeks to modify this certificate whereby stock, from points in Wayne County, Clay-Cicero town line to its intersection the restriction against tacking or joining N.Y., to points in Broome, Chemung, with Bear Road, and including all of or combining the Sub 254 authority will Erie, Fulton, Genessee, Livingston, Mad the village of North Syracuse. The City be removed. Any interested person desir ison, Montgomery, Oneida, Saratoga, of Canandaigua: The city of Canandai ing to participate may file an original and Ulster Counties, N.Y. Note:- ft ) In gua and the town of Canandaigua. The and six copies of his written representa connection with (1 ) (a), (b), and (c) City of Geneva: the city of Geneva in tions, views, or argument in support of, above, applicant states the New York cluding the towns of Geneva, Waterloo, or against, the petition within 30 days Public Service Commission has defined and Seneca Falls, and those parts of the from the date of publication in the F ed the specified commercial zones as fol village of Waterloo which lie within the eral R egister. lows: The City of Syracuse: the city of town of Fayette. The City of Rochester: Syracuse, including the towns of Geddes, The city of Rochester including' the Applications for Certificates or P er Salina, Dewitt, and Onondaga; that por towns of Irondequoit, Brighton, Chili, mits Which Are To B e P rocessed Con tion of the town of Camillus bounded on Gates, and Greece, those portions of the currently With Applications U nder the north by a county highway begin towns of Ferinton, Penfield, and Webster Section 5 Governed b y -Special R ule ning at the northwest comer of the which lie west of New York State Route ~ 1.240 to the Extent Applicable village line of the village of Solvay, 250, including the incorporated villages No. MC 109672 (Sub-No. 10) (Clarifi thence northwest along this highway of Webster and Fairport and those por cation) , filed August 2,1967, published in known as Gerelock Road (County Road tions of the towns of Pittsford and Hen the Federal Register issue of August 23, No. 220) to the intersection of the Fair- rietta which lie north of the New York 1967, and republished as clarified, mount-BCile Isle Road (County Road No. State Thruway. The City of Auburn: The this issue. Applicant: BOYCE MOTOR 102), thence southwest along Bennett city of Auburn and the towns, of Flem LINES, INC., Lake Shore Drive, Canan Road (County Road No. 223) to the in ing, Owasoo, Sennett, Throop, and daigua, N.Y. 14424. Applicant’s repre tersection of the Fairmount-Amboy Aurelius. (2) This application is a mat sentative: Herbert M. Canter, 345 South Road (County Road No. C-9-5), thence ter directly related to MC-F-9845, pub Warren Street, Syracuse, N.Y. 13202. Au southwest along Milton Avenue Road lished in the F ederal R egister issue Au thority sought to operate as a common (County Road No. 109) to the village gust 16,1967. It seeks to convert the cer carrier, by motor vehicle, over regular line of the village of Camillus. The area tificate of registration of G & N Motor *nd irregular routes, transporting: (1 ) within the village boundary lines of the Express, Inc., in MC-1401 Sub-2 into a vver regular routes: General commodi- village of Camillus. Thence southwesterly certificate of public convenience and Jfs (except those of unusual value, along Valley Road (State Highway Route necessity. Applicant further states that passes A and B explosives, household No. 321) to the intersection of the State control of the authorities and properties eooas as defined by the Commission, Highway route running southerly there of G & N Motor Express, Inc., is being commodities in bulk, and those require- from, thence southerly along this State sought permanently in the above refer special equipment), between Roch- Highway route to the intersection of enced BMC-44 application and tem JJer Mid Syracuse, N.Y., as follows: (a) Lyons Road (County Road No. 225), porary authority to control and operate om Rochester over New York Highway thence easterly along Lyons Road the same through stock control has been ^ to junction New York 31B, thence (County Road No. 225) to the in granted on a concurrently filed BMC-46 Npw vGW, Yo]fk Highway 3 IB to junction tersection of the Howlett Hill Road application. No duplicating authority Vm-l t?« Highway 5, thence over New (County Road No. C-6-2), thence east sought. Applicant intends to tack the au p /r Highway 5 to Syracuse; (b) from erly along Howlett Hill Road (County thority sought herein with its existing foehester over New York Highway 96 Road No. C-6-2), to the town line of the authorities. (3) The purpose of this re Waterloo, thence over New York High town of Onondaga; that portion of the publication is to more clearly set forth FEDERAL REGISTER, VOL. 32, NO. 87— WEDNESDAY, SEPTEMBER 27, 1967 < 13552 NOTICES the scope of the application. If a hearing parts and accessories of such vehicles Collins, 140 Cedar Street, New York 6, is deemed necessary, applicant requests moving in connection therewith, in sec N.Y. Operating rights sought to be trans it be held at Syracuse or Rochester, N.Y. ondary movements, in truckaway service, ferred ? Brick, crushed stone, sand, gravel, from Lima, Ohio, and Whitley City, Ky„ building materials Applications U nder S ections 5 and and (not including a(b) to points in Florida; and passenger auto lumber), as a common carrier over 210 mobiles, in initial movements, in drive irregular routes, between points in Mid The following applications are gov away and truckaway service, from the dlesex County, N.J., on the one hand, erned by the Interstate Commerce Com site of the Chrysler Corp. assembly plant, and, on the other, Cliffwood, N.J., and mission’s special rules governing notice in St. Louis County, Mo., to points in points within 100 miles of Cliffwood, N.J., of filing of applications by motor car Florida arid Georgia. JAMES P. BYRNE, in New York and New Jersey. Vendee is riers of property or passengers under individually, hold no authority from this authorized to operate as a common car sections 5(a) and 210a(b) of the Inter Commission. However, he is affiliated rier in New Jersey, Massachusetts, Rhode state Commerce Act and certain otlier with CLARK TRANSPORT COMPANY, Island, Connecticut, Pennsylvania, Dela proceedings with respect thereto (49 INC., Post Office Box 395, Chicago ware, Maryland, New York, Virginia, CPR 1.240). Heights, 111. 60411, which is authorized Vermont, and the District of Columbia. to operate as a common carrier in all Application has not been filed for tempo MOTOR CARRIERS OF PROPERTY points in the United States (except rary authority under section 210a(b). No. MC-F-9887. Authority sought for Alaska and Hawaii); Application has No. MC-F-9890. Authority sought for control by JAMES P. BYRNE, 101 been filed for temporary authority under merger into HARPER MOTOR LINES, Thomtree Lane, Winnetka, 111., of DIXIE section 210a(b). N ote: If a hearing is INC., 213 Long Avenue, Post Office Box TRANSPORT COMPANY, Post Office deemed necessary, Applicants’ request 460, Elberton, Ga. 30635, of the operating Box 425, Oneida, Tenn. 37841. Appli that it be held in Jacksonville, Fla. rights and property of GRIFFIN TRANS cants’ attorney: Charles W. Singer, 33 No. MC-F-9888. Authority sought for FER CO., TNG., 950 Lexington Avenue, North Dearborn Street, Chicago, 111. control by BYERS TRANSPORTATION Extension, Cayce, S.C. 29033, and for 60602. Operating rights sought to be COMPANY, INC., 4200 Gardner Avenue, acquisition by the ESTATE OF LOUIS controlled: Automobiles and trucks, in Kansas City, Mo. 64120, of COMMER PATZ (PAUL L. CORDISH AND C. M. truckaway service, as a common carrier, CIAL FREIGHT LINES, INC., 1428 West STOUT, CO-TRUSTEES), of control of over irregular routes, from certain speci Ninth Street, Kansas City, Mo. 64101, and such rights and property through the fied points in Michigan, and South Bend for acquisition by HARRY BYERS, transaction. Applicants’ attorneys: Guy and Evansville, Ind., to points in Florida, PAUL H. BYERS, ROBERT L. BYERS, H. Postell and Archie B. Culbreth, both and points in Georgia (with exceptions), and CONSTANCE BYERS REITZES, all of • 1375 Peachtree Street NE., Atlanta, with restriction; automobiles, in second also of 4200 Gardner Avenue, Kansas Ga. 30309. Operating rights sought to be ary movements, in truckaway service, City, Mo. 64120,, of control of COMMER merged: General commodities, excepting, from Atlanta, Ga., and Jacksonville and CIAL FREIGHT LINES, INC., through among others, household gqods and com Miami, Fla., to points in Florida, and the acquisition by BYERS TRANSPOR modities in bulk, as a common carrier, points in Georgia (with exceptions), with TATION COMPANY, INC. Applicants’ over irregular routes, from Columbia, restrictions; new automobiles, automo attorneys: Roland Rice, 618 Perpetual S.C., to points in South Carolina; and bile chassis, automobile bodies, and when Building, Washington, D.C. 20004, and general commodities, except those of un moving in connection therewith, auto Lowell Knipmeyer, 2804 Power .and Light usual value, classes A and B explosives, mobile parts and accessories and auto Building, Kansas City, Mo. 64105. Oper household goods as defined by the Com motive show equipment and parapher ating rights sought to be controlled: mission, commodities, in bulk, those re nalia; garden tractors, and parts and General commodities, with certain speci quiring special equipment, and meat, accessories therefor when moving in a fied exceptions, and numerous other packinghouse products, poultry, dairy mixed shipment with a new automobile, specified commodities, as a common car products, frozen foods, and commodities in initial movements, in truckaway serv rier, over regular and irregular routes, requiring refrigeration, from Charleston, ice, from points in Washtenaw County, from, to, and between specified points in S.C., and points in Abbeville and Jasper Mich., to points in Florida, and points the States of Nebraska, Illinois, Missouri, Counties, S.C., to Columbia, S.C. in Georgia (with exceptions), authority Iowa, Kansas, Oklahoma, Indiana, Wis HARPER MOTOR LINES, INC. is au is granted to traverse Ohio, Indiana, consin, Arkansas, Minnesota, and Michi thorized to operate as a common earner Kentucky, Tennessee, and North Caro gan, with certain restrictions, serving in Alabama, Delaware, Rhode Island, lina for operating conyenience only. various intermediate arid off-route Georgia, New York, New Jersey, West New and used automobiles, by the points, one alternate route for operating Virginia, Missouri, Minnesota, Penn-. driveaway and truckaway method, in convenience only, as more specifically de sylvania, Maryland, Virginia, South secondary, movements, from points in scribed in Docket No. MC 84511 and sub Carolina, Illinois, Indiana, Kentucky, Florida to points in Georgia, irorn points numbers thereunder. This notice does not Michigan, Ohio, Wisconsin, North Caro-; inxFlorida, and points in Georgia (with purport to be a complete description of lina, Florida, Mississippi, Massachusetts, j exceptions), to points in Tennessee, all of the operating rights of the carrier Connecticut, Vermont, New Hampshire, Kentucky, Ohio, Indiana, and Michigan; involved. The foregoing summary is be Maine, and the District of Columbia. ; new and used automobile chassis, by the lieved to be sufficient for purposes of pub Application has not been filed for tempo driveaway and truckaway method, in lic notice regarding the nature and ex rary authority under section 210a(b). secondary movements, from points in tent of this carrier’s operating rights, N ote : HARPER MOTOR LINES, INC.,; Florida to points in Georgia, from points without stating, \in full, the entirety, controls GRIFFIN TRANSFER CO. in Florida, and points in Georgia (with thereof. BYERS TRANSPORTATION INC., through ownership of capital stools exceptions, as above), to Richmond, Ind., COMPANY, INC., is authorized to oper pursuant to authority granted in Docket and Lima, Ohio; new trucks and new ate as a common carrier in Missouri, No. MC-F-8954, by Decision and Order, truck chassis, in initial movements, in Kansas, Illinois, Nebraska, and Iowa. Division 3, dated October 15, 1965, ana driveaway service, from points in Wayne Application has been filed for temporary consummated December 15, 1966. County, Mich., and Warren Township, authority under section 210a(b). No. MC-F-9891. Authority sought for Macomb County, Mich., to all points in No. MC-9889. Authority sought for purchase by COLONIAL COACH CORP-- • Florida; farm tractors, from Jackson purchase by BROCKWAY FAST 17 Franklin Turnpike, Mahwah, in j . < ville, Fla., to points in Florida, Georgia, MOTOR FREIGHT, INC., 568 Central 07430, of the operating rights and prop- North Carolina, South Carolina, and Avenue, Somerville, N.J., of the operat erty of L. & W. TRANSPORTATION Tennessee; authority is granted in next ing rights of BAY SHORE TRUCKING CO., INC., 408 Madison Avenue, Moun two above, to traverse Ohio and Ken CO., 295 Broadway, Keyport, N.J., and Holly, N.J. 08060, and for acquisition Dy tucky, for operating convenience only; for acquisition by DANIEL P. DAMEO, LIMOUSINE RENTAL SERVICE, INC. automobiles, trucks, and busses, as de 779 West Foothill Road, Somerville, N.J., also of Mahwah, N.J., and m turn oy fined by the Commission (excluding of control_of such rights through the DAVID RUKIN, BARNETT RUKIN, both trailers, ambulances, and hearses), and purchase. Applicants’ attorney: Bert of 153 Allendale Road, Saddle River, N.J-, FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 NOTICES 13553 IRWIN FLATEMAN, and JULIUS (except Hawaii) and (3) Pennsylvania, [Notice 459] E2 SEN, both also of Mahwah, N.J., of New York, and New Jersey. Application MOTOR CARRIER TEMPORARY has not been filed for temporary author control of such rights and property AUTHORITY APPLICATIONS through the purchase. Applicants’ attor ity under section 210a(b). neys: James F. X. O’Brien, 17 Franklin By the Commission. S eptember 22, 1967. Turnpike, Mahwah, N.J. 07430, Samuel The following are notices of filing of B. Zinder, 160 Jamaica Avenue, Jamaica, [ sea l] H . N e il G arson, applications for temporary authority un N.Y. 11432, and John R. Sims, Jr., 1700 Secretary. der section 210a(a) of the Interstate Pennsylv a n ia Avenue NW., Washington, [F.R. Doc. 67-11320; Filed; Sept. 26, 1967; Commerce Act provided for under the D.C. 20006. Operating rights sought to 8:48 a.m.] new rules of Ex Parte No. MC 67 (49 be transferred: Passengers and their bag CFR Part 340), published in the F ederal gage, and express, newspapers, and mail, R eg ister, issue of April 27, 1965, effective in the same vehicle with passengers, as s NOTICE OF FILING OF MOTOR CAR- July 1, 1965. These rules provide that a common carrier over regular routes, ' RIER INTRASTATE APPLICATIONS protests to the granting of an application between Burlington, N.J., and Bristol, v S eptem ber 22,1967. must be filed with the field official named Pa., serving all intermediate points, be in the F fderal R eg ister publication, tween Bristol, Pa., and Trenton, N.J., The following applications for motor within 15 calendar days after the date of serving all intermediate points, restricted common carrier authority to operate in intrastate commerce- seek concurrent notice of the filing of the application is against the picking up of passengers at published in the F ederal R eg ister. One Morrisville, Pa., when destined to Tren motor carrier authorization in interstate copy of such protest must be served on ton or at Trenton when destined to Mor or foreign commerce •within the limits the applicant, or its authorized repre risville; passengers and their baggage, of the intrastate authority sought, pur sentative, if any, and the protests must between Philadelphia, Pa., and Trenton, suant to section 206(a) (6) of the Inter certify that such service has been made. N.J., serving all intermediate points, re state Commerce Act, as amended October The protest must be specific as to the stricted against the transportation of 15,1962. These applications are governed service which such protestant can and passengers who are picked up at Morris by Special Rule 1.245 of the Commission’s will offer, and must consist of a signed ville, and are destined to Trenton, N.J., rules of practice, published in the F ederal original and six copies. R eg ister, issue of April 11, 1963, page or who are picked up at Trenton and are A copy of the application is on file, destined to Morrisville, between Tully- 3533, which provides, among other things, that protests and requests for informa and can be examined at the Office of town, Pa., and junction U.S. Highway 13 the Secretary, Interstate Commerce and Falls Township Road 378 (Ford Mill tion concerning the time and place of State Commission hearings or other pro Commission, Washington, D.C., and also Road), between specified points in Penn in the field office to which protests are to sylvania; serving all intermediate points; ceedings, any subsequent changes there be transmitted. passengers and their baggage, and ex in, and any other related matters shall press and newspapers, in the same vehicle be directed to the State Commission with M otor C arriers o f P roperty with passengers, between junction U.S. which the application is filed and shall No. MC 111302 (Sub-No. 42 TA), filed Highway 13 and Pennsylvania Turnpike not be addressed to or filed with the September 19, 1967. Applicant: HIGH (northeast of Bristol, Pa.), and the Interstate Commerce Commission. WAY TRANSPORT, INCY Post Office Borough of Manhattan, New York City, State Docket No. P-6963, Case No. 2, Box 79, Powell, Tenn. 37849. Applicant’s N.Y., serving no intermediate points. filed June 2, 1967. Applicant: TOWER, representative: George A. Olsen, 69 Ton- Restriction: The operations authorized INC., 363 North Gratiot, Mount Clemens, nele Avenue, Jersey City, N.J. 07306. Au herein are restricted against service or Mich. 48043. Applicant’s representative: thority sought to operate as a common transportation between Burlington, N.J., Miss Wilhelmina Boersma, 1600 First carrier, by motor vehicle, over irregular on the one hand, and, on the other, the Federal Building, Detroit, Mich. 48226. routes, transporting: Chocolate syrup, Borough of Manhattan, New York City, Certificate of public convenience and ne in bulk in tank vehicles, from Jersey City, N.Y.; passengers and their baggage re cessity sought to operate a freight serv N.J.^ to Wilson, N.C., for 150 days. Sup stricted to traffic originating in the ter ice as follows : Transportation of Proper porting shipper: Van Leer Chocolate ritory and at the points indicated, in ty, limited to shipments weighing not Corp., 110 Hoboken Avenue, Jersey City, charter operations, over irregular routes, more than, 2,500 pounds moving to one N.J. 07302. Send protests to: J. E. Gam from certain specified points in Pennsyl consignee on 1 day, between Mount Clem ble, District Supervisor, Bureau of Op vania, to points in New Jersey, New York, ens and points within 10 miles thereof, erations, Interstate Commerce Commis Dalaware, and Maryland, from Lang- on the one band, and, on the other, sion, 706 U.S. Courthouse, Nashville, horne, Pa., to Atlantic City, N.J., from points in Macomb, Oakland, St. Clair, Tenn. 37203. ; Florence, N.J., and points in New Jersey Wayne, and Washtenaw Counties, Mich., within 10 miles of Florence to certain provided that such shipments shall move By the Commission. specified points in Pennsylvania, from in station wagons, econo and panel [ seal] H . N eil G a rso n, Philadelphia, Pa., and points within 35 trucks. Both intrastate and interstate Secretary. miles of the City Hall at Philadelphia, to Points in New York, New Jersey, Dela authority sought. [F.R. Doc. 67-11322; Filed, Sept. 26, 1967; ware, Maryland, the District of Colum HEARING: Michigan Public Service 8:48 a m .] bia, points in Virginia on and east of Commission, Lewis Cass Building, Lans .U.S. Highway 1, and points in Pennsyl ing, Mich., October 26, 1967, 9:30 a.m. [Notice 36] vania within 35 miles of the City Hall at Request for procedural information, in MOTOR CARRIER TRANSFER [mladelphia. COLONIAL COACHCORP. cluding the time for filing protests con holds no authority from this Commis PROCEEDINGS cerning the application should be ad si?- ^ owever, it is affiliated with (1 ) S eptem ber 22, 1967. WEST FORDHAM TRANSPORTATION dressed to the Michigan Public Service Commission, Lewis Cass Building, Lans Synopses of orders entered pursuant £°RP., 439 West 203d-Street, New York, to section 212(b) of the Interstate Com rnL 10°34’ (2) HUDS°N TRANSIT ing, Mich. 48913, and should not be di merce Act, and rules and regulations pre LINES, INC., 17 Franklin Turnpike, rected to the Interstate Commerce Com scribed thereunder (49 CFR Part 279), “ Jhwah, N.J. 07430 and 13) LIMOU mission. appear below: SINE RENTAL SERVICE, INC., Short By the Commission. As provided in the Commission’s spe- nine Building, Mahwah, N.J. 07430, which ciaLrules of practice any interested per [ sea l] H . N e il G arson, son may file a petition seeking reconsid are authorized to operate as common Secretary. eration of the following numbered pro carriers in (l) New York and Connecti- [F.R. Doc. 67-11821; Filed, Sept. 26, 1967; ceedings within 20 days from the date of cu * (2) all points in the United States 8:48 a.m.] publication of this notice. Pursuant to FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 13554 NOTICES section 17(8) of the Interstate Commerce ville Bus Lines, Central City, Ky., au Boston, Charlestown, Cambridge, Somer Act, the filing of such a petition will thorizing the transportation of: Passen ville, Everett, Chelsea, Revere, Saugus, postpone the effective date of the order gers and their baggage, and express and Lynn, and Swampscott, Mass.; and liquid in that proceeding pending its disposi newspapers, between Greenville, Ky., latex, liquid rubber cement, and cleaner tion. The matters relied upon by peti and Owensboro, Ky., serving intermedi solvent, from North Reading, Mass., to tioners must be specified in their peti ate points on the highways specified, be Somerville, Mass. George C. O’Brien, 33 tions with particularity. tween Central City, Ky., and Hopkins Broad Street, Boston, Mass. 02109, at No. MC-FC-69708. By order of Sep ville, Ky., serving intermediate points on torney for transferee. tember 19, 1967, the Transfer Board ap the highways specified, between Hop No. MC-FC-69858. By order of Septem proved the transfer to Triangle Truck kinsville, Ky. and Madisonville, Ky., ber 19, 1967, the Transfer Board ap Line, Inc., North Kansas City, Mo., of serving intermediate points on the high proved the transfer to Harvey D. Henry certificate No. MC-67315, issued Decem ways specified, and between junction U.S. and Byron K. Rood, doing business as ber 3, 1957, to Triangle Transfer Co., a Highway 62 and Kentucky Highway 189, H & R Trucking, Post Office Box 15, corporation, North Kansas City, Mo., and junction Kentucky Highways 189 Powell/ Wyo. 82435, of certificate in No. iand authorizing the transportation of and 107, serving intermediate points on MC-61174 (Sub-No. 1), issued December sgeneral commodities, with the usual ex the highways specified. Harold Seligman, 16, 1941, to Arthur Muller, Post Office ceptions, over irregular routes, between 1808 West End Building, Nashville, Tenn. Box 148, Frannie, Wyo. 82423, authoriz points in Kansas City and North Kansas 37203, attorney for applicants. ing the transportation of: Oilfield equip City, Mo., Kansas City, Kans., and those No. MC-FC-69856. By order of Septem ment, machinery, and supplies, between within 15 miles o f, the named points. ber 19, 1967, the Transfer Board ap Tom B. Kretsinger, 450 Professional proved the transfer to Batchelder’s Ex points in Park and Big Horn Counties, Building, Kansas City, Mo. 64106, attor press, Inc., Lynn, Mass., of the certificate Wyo., and Carbon County, Mont.; and ney for applicants. in No. MC-60386 and MC-60386 (Sub- between points in Park and Big Horn No. MC-FC-69819. By order of Septem No. 1), issued September 11, 1941, and Counties, Wyo., on the one hand, and, on ber 19, 1967, the Transfer Board ap June 16, 1967, respectively, to Berryman the other, points in Carbon County, Wyo. proved the transfer to Tennessee Trail- Express, Inc., 497 Union Street, Lynn, blazers, a corporation, Nashville, Tenn., Mass., authorizing the transportation of: [seal] H. N eil Garson, of certificate in No. MC-35943, issued General commodities, excluding house Secretary. May 10, 1966, to W. T. Smith, doing busi hold goods, commodities in bulk, and [F.R. Doc. 67-11323; Filed, Sept. 26, 1967; ness as Owensboro-Central City-Green- other specified commodities, between 8:48 a.m.] FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 FEDERAI REGISTER 13555 CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER 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 September. Page 3 CFR 7 CFR-— Continued Page 14 CFR—Continued Page Proclamations : 1^99______. 12744 39______x — 12668, 3803 ------12663 1133—____ 12940 12711, 12746, 12788, 12909-12911, 3804 ___ 13441 1421__ 12744, 12745, 13046, 13376, 13444 13115, 13182, 13183, 13268,13269, 3805 ...... 13481 1446— ______13504 13321,13452. 3806 ____ 13483 P roposed R u les: - 47— ______13505 13485 49______— ____ — ______13505 3807._____ 26______:______12755 65—______13505 Executive O rd er s: 51— — 12799, 12953, 13077, 13196 71_— ______— ____ 12668, July 2, 1910 (revoked in part 52 ______— — — 13289 12712, 12789, 12790, 12833, 12912, by PLO 4267)— _— — 13072 53 ______—______13230 12913, 12995-13997, 13116-13119, Sept. 14,1910 (revoked in part 906____ —______12802 13218-13220, 13269, 13270, 13272, by PLO 4267) ______13072 925 _ :_— 13292 13453, 13454, 13506, 13507. Sept. 21,1916 (revoked in part 926 ____ — 13331 73— — ______12712, 12833, 13119 by PLO 4267)______13072 932______12854, 1329275— ______— 12913, 13507 6583 (revoked in part by PLO 989____ —______13292 77______12997 4273)__.—___ 13411 1049______1 _____ 13418 93— ______12747 8652 (revoked in part by PLO 1094:______13460 95______„___ __ 12747 4266)______if______12950 1103———______13418 97______12669, 12834, 13120, 13378 11370 ______12665 121_____ — ______13255, 13505 11371 ______12903 8 CFR 202______— ___ _ 13183 113721______13251 P roposed R u les:' 203 ___.______— 13184 11373— ______-______13371 252______,______12920 370— -——- ___ 13052 5 CFR 385______^— 13272, 13507 9 CFR 400-______12839 213______1____ _ 12831, 1204______2____ 13321 12937, 13045, 13319, 13401, 13443 74— ______:—_— 13401 1221______12997 630______12937 78______13050 733______12937 97— ______13444 P roposed R u l e s : 870____ 12937 201______12667, 13254 39—______12920, 12921 301-329______13115 71______12690, Proposed R u l e s : 340__ — ______13115 12724, 12922, 13006-13008,13079, 890______12725 355______,______13115 13140,13141,13197,13293,13294, 891______12727 380 _ — 13115 13460,13526.’ / 75______13460 7 CFR 381 ___T______13115 P roposed R u l es: 91______12724 27___. ______12831 121______12922 51 ______13487, 13492, 13500 316 ______12953 127______13417 52 ______13373 317 ______12953 223______13141 201______1 12778 328-______12953 378______13009 220__. ______13215, 13376 319__. ------12832, 13215, 13319 10 CFR 15 CFR 401i_. ______12989, 13504 1 — __ 13377 411__, ------12989, 13215 10______13409 7______13380 724.1 ______„ ____ 12905 50______: ______13445 230______—— 13057,13058 725.. ------. 13113 ,i*115l______13445 373______12941,13446 379______13448 729.. ------. „12990, 13215 P roposed R ules : 755.. ------. 12938 382______13449 833.. _____ . ______13216 31______— ___ 13331 385______13449 900.. ______. _ 12992 32______; 13331 399______13449 905.. ------. 12907, 13179 903______•______13184 906.. ------12992, 12993, 13113 12 CFR P roposed R u l e s : 908.. 12709, 12908, 12909,13179, 13408 1— ______12850, 12938, 13409 10___ 13385 910.. — ------12709, 545_— ______12913 70.______13077 12743, 12909, 12938, 13180, 13217, 604 ______^______12710 13409. 915.. 605 ______13051 16 CFR ------12832, 13180, 13181 P roposed R u l es: 921.. ------. ^__ 13181 0______— 13272 926. ______12709,13045 215__ 12758 13______12713, 12844, 13124, 13454 927. ------4___ 12743, 13181 563______12922 15r______12750, 12941 929. ------13253 38______12999 931. — ______13319 13 CFR 932. P roposed R u l e s : ______13443 107______— 12842 153 ____ 12759 944. ------—------12938, 12993 119______12788 948. ------12939 241—______13461 958. 123______13401 415—_____ 12954 ------12743 P roposed R u l es: 967 ------13253 971. 121______13295 17 CFR 981 — --- 13320 ------12787,13114 250______-______13487 ’ 987 ______12832 14 CFR 989.. — . --- 12710 21______13255 1004. ------12787 23______13505 18 CFR 1008. ------12994 25______13255 P roposed R u l e s : 1050. ______12940 37______- 13255 154 ______13077 13556 FEDERAL REGISTER T9 CFR Page 32 CFR Pae® 43 CFR— Continued Page 1—______12999 42—____ 13380 P u blic L and O rders— Continued 4______— 12750, 13186 82______12845 4266— — ______12950 16______13276,13445 168______12718 4267 ______169a___ 12675 13072 P roposed R u l e s : 4268 ______13072 583______13279 4269 ______13______12690 710_____£.______12790 13072 14______13514 4270 ______13192 806______13000 4271 ____;______13411 872______13000 4272 ______21 CFR 13411 882_____ 13125 4273 ______13411 1______13276 888______13125 4274 ______13412 2 ______!______12714, 13186 888b______„______13065 4275 ______13412 3 ______1 _ 12714920____ «______13000 4276 ______13412 8______12715, 12943, 13507 1450______13187 4277 ______13412 20______12750 1711______12845 4278 ______13412 ______4279_.______120 ______-- 12715, 33 CFR 13413 12716, 12751, 12913, 12943, 12999, 4280— ______13413 13124, 13278. 19— ______— ___ _ 12791 4281 ______13413 121 _____ 12716, 117__ 12791, 12915, 13126-13128, 13410 4282 ______13413 12717, 12751, 12844, 12943, 13124 203______12791 4283 ______13413 141a______— ______12717 207______13382 4284 ______13414 141c______12717 4285 ______13414 146b______13125 36 CFR 4286 ______13414 146c______12717 7__ ;__.______1______13071, 13129 P roposed R u l e s : 148j______'3 ______12717 30— ----__"___ !____ 13189 1820______13196 148n__ 13279 251______12945, 12946, 131903120______13196 148o______1_ 12717 261______L______12946 148r______,______12717 311______._____ 1 ___ _ 13280 45 CFR 148x______„______12717 326______;______13280 85______I ___— 12851 166______13407 502_____ 13222 191__ ___ i______13408 502______13507 P roposed R u l e s : 801______13193 P roposed R u l e s : ^7 £______1__— ______12723 3______12756,13008 46 CFR 19______12723 38 CFR 51____ I ______12723 45______13508 3______13223 154______12793 22 CFR 21______13411 206______12951 380______12845 601______12944 39 CFR 500______13382 23 CFR 135______12794 531______12753 209______13000 143______— 13455 P roposed R u l e s : 201______12947 2______13514 747______:______12947 24______._ 13514 24 CFR 821______' 13129 30______13514 207______I ______12718 822— — ______13129 31 ______13514 221______12718 32 ______._ 13514 41 CFR 35______£ 13514 25 CFR 5B-2______12720 37— ______13514 38______13514 41_____ 12790 5B-16______12720 13514 8- 6_.______— _____ 12792 39 ______P roposed R u l e s : 9- 4______13131 40 ______._ ._ 13514 22.1______13417 9-16______13131 50 _____ 13514 11-1______13133,13135 51 ______13514 26 CFR 11-2__:______13135 52 ______13514 53 ______13514 l ______13221 11-3______13135 ._ 13514 601______13058 11-4______13133,13135 54 ______11-7______13135 55 ______._ 13514 P ropo sed R u l e s : 56 ______13514 11-10______13135 13514 1_____ &i_____ 13288 11-12______jii______13135 57 ______170______. 13416 58 ______i 13514 11-16______J______13135 13514 11-50______13136 59 ______— 60 ______13514 28 CFR 11- 75______13136 _ 13514 45______13217 12- 60______13411 61______62______— 13514 101-26______12850 _ 13514 101-27______12721,13456 63 ------2 * CFR 64 ______P~ _ 13514 65 ______13514 100______13560 43 CFR _ 13514 526______12675 6 6 ^ ;______3120______:____„______13323 _ 13514 67— ------13514 P u b lic L and O rders :. 68______30 CFR 69 ______13514 229______12941 583 (revoked in part by FLO _ 13514 4274) _____ 13412 70 ______13514 1718 (revoked in part by PLO 71— ______13514 31 CFR 4280) _— ______13413 78 ______. 13514 56______p___x______13380 3945 (revoked in part by PLO 79 ______13514 93______13380 4275) 13412 90 ______13514 317______12914 4246 (corrected by PL0 4284^113414 91 ______13514 321______12914 4265— ______12752 97______FEDERAL REGISTER 13557 46 CFR— Continued Page 47 CFR—Continued page 49 CFR—Continued , Page Proposed Rules—Continued P roposed R u l e s—Continued 277c______13283 98 ____—-______13514 81______13294 282______13326 99 _ __ 13514 83______13294 600—__ ___ L______!______12689 111 -______13514 85______13294 P roposed R u l es 162______-______13514 89______13143,13145 Ch. I______12853 176______-____ ------13514 91___r______13143 274_____— _____ 12853 182______J______13514 93______13143 276______12854, 13197 401______12756,13079 505______12853 540______13233 47 CFR 49 CFR 1______12919 0 ______12795,13125 50 CFR { ______12795, 12915 9 1 ___ 13384 1ÔI______-, ------13457 101______12752 1 0 ______12685, 12798, 13072, 13227 21 2______13281 106____;______13414 32— ______12689, 73 12795, 12797, 13509 110______13136 12721, 12722, 12754,12851, 12852, 74 13512 171______13324 .12919, 12951, 12952, 13002, 13004, 89______12915 173______13324 13005, 13073-13076, 13193-13195, 91 ______12915 174— —______y ______13324 13227, 13228, 13284-13287, 13329, 97______12682, 13377 175— ______13324 13330, 13384, 13458, 13512, 13513 176— —______13324 83______12919, 13229, 13330 Proposed Rules: 177— _____1_____ T—______13324 P roposed R u l e s : 2______13143 180______^___ 12851 73 ____ 12954, 13232,13294, 13527 191______13512 32 12953 74 ______13010 277a______13282, 13512 33 ______12953 FEDERAL REGISTER VOLUME 32 • NUMBER 187 Wednesday, September 27, 1967 • Washington, D.C. PART II National Labor Relations Board Employee Responsibilities and Conduct 360 0 1356 requirement; § 100.735-33 is amended to Subpart C— Statements of Employment and Fi (c) Agency Counselor. The Director, Title 29— LABOR correct the reference to § 100.735-32 in nancial Interests Required of Certain Employees Division of Administration, is hereby view of the amendments thereto; § 100.- Sec. designated as the Agency Counselor for Chapter I— National Labor Relations 735-34 is amended to provide for annual 100.7$ 5-31 General provisions. the purpose of (1) acting as liaison with Board supplementary statements of employ 100.735- 32 W ho m ust report. the Civil Service Commission with re ment and financial interests; § 100.735- 100.735- 33 Initial submission of employee spect to matters of employee responsi PART 100— EMPLOYEE RESPONSI 35 is deleted, thereby eliminating the statements. bility and conduct, (2) coordinating the BILITIES AND CONDUCT requirement for quarterly submission of 100.735- 34 Annual requirement. Agency’s interpretation and advisory supplementary statements of employ 100.735- 35 Supplementary statements. service under § 100.735-3, (3) advising, Pursuant to and in conformity with 100.735- 36 Interests. ment and financial interests; § 100.735- 100.735- 37 Information not required. upon request, Agency officials responsible sections 201 through 209 of Title 18 of 38 is amended to insure the confiden 100.735- 38 Confidentiality of employee’s for reviewing the “Statements of Em the United States Code, Executive Order tiality of statements of employment and statements. ployment and Financial Interests” pro 11222 of May 8, 1965 (30 P.R. 6469) , Title financial interests, designate employees 100.735- 39 Effect of employee’s statement vided for in Subpart C of this part, (4) 5, Chapter I, Part 735 of the Code of Fed who are authorized to review the state on other requirements. directing employees to review the regula eral Regulations, as amended on June 9, ments, limit the use of information, on tions in this part annually, and (5) 1967, to be effective August 9, 1967, Part Subpart D— Conduct and Responsibilities of the statements to that necessary to carry Special Government Employees implementing and applying the regula 100 is hereby revised to include the fol tions in this part. The Assistant Direc out the purpose of the regulations, and General provisions. - lowing amendments: Section 100.735-5 correct the reference to § 100.735-32 in 100.735- 41 tor, Division of Administration, and is corrected by inserting the word “Gov 100.735- 42 Use of employment. view Of the amendments thereto; § 100.- 100.735- 43 Use of inside information. Director of Personnel are hereby desig ernment” between the words “special” 735-46(a) is amended to clarify the 100.735- 44 Coercion. nated as Assistant Agency Counselors. and “employee”; § 100.735-12 (a) • is Agency’s discretionary authority in de 100.735- 45 Gifts, entertainment, and favors. (d) Agency Employee Suitability amended for clarity by including a ref termining which financial interests it 100.735- 46 Statement of employment and Committee. (1) The Agency Employee erence to § 100.735-14 which shows that will require a spfecial Government em financial interests. Suitability Committee shall continue to the exception does not allow nongovern ployee to report; § 100.735-46 is amended 100.735-47 Miscellaneous statutory provi serve as a point of initial consideration REGULATIONS AND RULES ment reimbursement for travel on official by adding paragraph (d) which excludes sions. concerning any matters of employee business under Agency orders; § 100.735- Election Clerks (WAE) and Election Authority : The provisions of this Part 100 suitability that arise under Agency and/ 12(c) is amended to clarify the circum Examiners (WAE) from the filing re issued under E.O. 11222 of May 8, 1965, 30 or other governmental regulations. In stances under which a voluntary gift to quirements for special Government F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104. this position the Committee, as required, an official superior may be allowed; employees. advises a Board Member, the Board, or § 100.735-12 (d) is amended to conform Subpart A— General Provisions the General Counsel concerning the ap to Public Law 89-673, 80 Stat. 952; As so amended Part 100 reads as set § 100.735-1 Policy. propriateness of action under such reg § 100.735-14(a) is amended for clarity to forth below: ulations. In addition the Committee is show that the exception does not allow In order to assure the proper perform Subpart A—-General Provisions ance of the Government’s business and responsible for recommending to the nongovernment Reimbursement for travel the maintenance of public confidence, all Board and General Counsel, as neces on official business.under Agency orders; Sec. employees shall maintain high standards sary, guidelines t6 assure consistent and § 100.735-16 is amended to include a ref 100.735- 1 Policy. of honesty, integrity, impartiality, and uniform application of the regulations erence to the statute on which it is based; 100.735- 2 Responsibilities. in this part throughout the Agency. 100.735- 3 Advisory and interpretation conduct. The avoidance of misconduct § 100.735-22 is amended to correct statu and conflicts of interests, apparent or (2) The Agency Employee Suitability tory references made obsolete by the service. Committee shall be composed of one codification of Title 5, United States 100.735- 4 Disciplinary and other remedial real, on the part of all employees through action. informed judgment is indispensable to member and alternate designated by the Code; § 100.735-22 is amended by adding 100.735-5 Definitions. the maintenance of the standards in this Board; one member and.alternate desig paragraph (ff) to include a reference to part. Since service is the keystone of the nated by the General Counsel; and the 18 U.S.C. 219 which prohibits an em Subpart B— Conduct and Responsibilities of Agency’s operations, each person who Director, Division of Administration ployee from acting as the agent of a Employees deals with the Agency is entitled to (who shall serve as Chairman) and as foreign principal registered under the 100.735- 11General provisions. courtesy and consideration. Not only his alternate, the Assistant Director, Foreign Agents Registration Act; § 100.- 100.735- 12 Gifts, entertainment, and favors. must his case be treated with fairness— Division of Administration. 735-31 is amended to correct the refer 100.735- !l3 Outside employment or occupa there must not be even the appearance of (e) Employees. All n ew employees ence to § 100.735-32 in view of the amend tion. unfairness. shall become familiar with the provisions ments thereto; § 100.735-32 is amended 100.735- 14Other outside activities. of the regulations in this part during the to show: in paragraph (a) who must 100.735- 15Special additional requirements § 100.735—2 Responsibilities. period of orientation with the Agency. report, in paragraph (b) that employees for Presidential appointees. 100.735- 16Financial and other interests. (a) The Board. The Board is respon All employees are expjected periodically who normally substitute for incumbents 100.735- 17Use of Government property. sible for the implementation of the to review the provisions included in this of positions listed in (a) may file for an 100.735- 18Misuse of information. regulations in this part with respect to part and any subsequent regulations advanced determination under § 100.- 100.735- 19Indebtedness. employees under its jurisdiction. which may be issued. 100.735- 20 Gambling, betting, and lotteries. (b) The General Counsel. The General 735-16, and in paragraph (c) that em § 100.735—3 Advisory and interpreta 100.735- 21 General conduct prejudicial to Counsel is responsible for the implemen ployees may utilize the Agency grievance the Government. tation of the regulations in this part tion service. procedure for settling questions concern 100.735-22 Miscellaneous statutory and non- w ith respect to employees under his (a) The incumbents of the following ing the applicability of the reporting statutory provisions. jurisdiction. named positions are Deputy Agency FEDERAL REGISTER, VOL. 32, NO. 187---WEDNESDAY, SEPTEMBER 27, 1967 Counselors and shall m a k e th e m s e lv e s C h a irm a n o f th e B o a rd , th e G en era l Ce) Making a Government decision a gift to an official superior, make a do thoroughly familiar with applicable laws. Counsel, or a Board Member, as outside official channels; or nation' as a gift to an official superior, or Executive orders, and regulations in this appropriate. (f) Affecting adversely the confidenceaccept a gift from an employee receiving p a r t; (3) If the designated official deterof the public in the integrity of the less pay than himself. However, this does (1) Regional Directors and respective mines that further r em ed ia l action is Government. not prohibit a voluntary gift of nominal Assistant General Counsels; necessary, he may recommend to the value or donation in a nominal amount (2) All Washington Office, Branch, Chairman of the Board, the General § 100.735—12 Gifts, entertainment, and made on an occasion such as marriage, and Division Chiefs; and Counsel, or a Board Member, as appro favors. X illness, death, birth, or retirement. (3) All persons officially acting in one priate, that any of the following actions (a) Except as provided in paragraph (d) An employee shall not accept a of the above positions. be taken—(i) Changes in assigned duties, (b) of this section (see also § 100.735-14 gift, present, decoration, or other thing (b) Upon request of employees under(ii) arrangements for divestment by the when travel or subsistence may be in from a foreign government unless au their supervision, the above incumbents employee of his interest, or (iii) discipli volved), an employee shall not solicit or thorized by Congress as provided by the shall be available for necessary consulta nary action. accept, directly or indirectly, any gift, Constitution and in Public Law 89-673, tion and advice. In the consideration, of (c) Remedial action, whether discipligratuity, favor, 'entertainment, loan, or 80 Stat. 952. any question or problem arising under nary or otherwise, shall be effected in any other thing of monetary value, from § 100.735—13 Outside employment or the regulations in this part, the above accordance with any applicable laws, a person who: occupation. officials or employees with questions or Executive orders, and regulations (see (1) Is a party to or has an interest in problems may avail themselves of the NLRB Administrative Policies and Pro any case, proceeding, or other matter (a) General provisions. Employees services of the Agency Counselor. cedures Manual, Employee Appeals from before the Agency; >'• shall not engage in outside employment Adverse Actions, Items 2430-2448 and (2) Conducts operations or activities or other outside activity incompatible § 100.735—4 Disciplinary and other employee’s rights thereunder), or is associated with any operation or with the full and proper discharge of the remedial action. activity that falls within the jurisdic duties and responsibilities of their Gov (a) Violations of the regulations in § 100.735—5 Definitions. tion of the National Labor Relations Act* ernment employment. Incompatible em this part by an employee may be cause In the regulations in this part: as amended; ployment includes, but is not limited to: REGULATIONS AND RULES for appropriate disciplinary or other ac (a) “Employee” means any officer or (3) Has interests that may be sub (1) The private practice of law either tion which may be in addition to any employee of the Agency but does not in stantially affected by the performance individually or with another person; penalty prescribed by law. clude a special Government employee. or nonperformance of the employee’s however, as an exception, permission of (b) In any instance where a state (b) “Special Government employee” duty; or the Board or General Counsel may be ment submitted under § 100.735-16 or means an officer or employee of the (4) Has, or is seeking to obtain, con requested to engage in such occasional Subpart C of this part or information Agency who is retained, designated, ap tractual or other business or financial and private legal activities as those in from any other source indicates a con pointed, or employed to perform, with or relations with the Agency. volving family or civic matters; flict of interest, apparent or real, the em without compensation, for not to exceed (b) Appropriate exceptions to the pro (2) Acceptance of a fee (including ployee shall be provided opportunity to one hundred and thirty (130) days dur hibitions in paragraph (a) of this section forwarding or referral fees), compensa explain. ing any period of three hundred and are as follows: tion, gift, payment of expense, or any (1) After consideration of the employ sixty-five (365) consecutive days, tempo (1) Those gifts, gratuities, favors, etc., other thing of monetary value in circum ee’s explanation, the appropriate official rary duties either on a full-time or inter that are governed by obvious family rela stances in which acceptance may result (see designated officials under § 100.735- mittent basis. tionships (such as those between parents, in, or create the appearance of, a con 3(a) (1), (2), (3)) may recommend, in (c) “Person” means an individual, a children, or, spouse of the employee and flict of interest; writing to the Chairman of the Board, labor organization, a corporation, a com the employee) or personal relationships (3) Outside employment which tends the General Counsel, or a Board Member, pany, an association, a firm, a partner when the circumstances make it clear to impair an employee’s mental or physi as appropriate, that the interest is not ship, a society, a joint stock coinpany, or that it is those relationships rather than cal capacity to perform his duties and so substantial as to be likely to affect the any other organization or institution. the business of the persons concerned responsibilities in an acceptable manner; integrity of the employee’s services to which are the motivating factors. or the Government and he must so notify Subpart B— Conduct and Responsi (2) Acceptance of food and refresh (4) Outside employment which tends the employee in advance of handing the bilities of Employees ments of nominal value on infrequent oc to limit an employee’s availability for any assignment. casions where, in the course of perform required assignments including, but not (2) If, however, the designated official § 100.735—11 General provisions. ing official functions, case handling.mat- limited to, travel, after-hours investiga deems the interest to be so substantial as All employees shall avoid any action ters continue through luncheon or din tions, interviews, and elections. to be a conflict or an apparent conflict whether or not specifically prohibited ner, or on other occasions when an (b) Dual compensation. An employee with the employee’s assignment, that of by this part which might result in or employee is properly in attendance. shall not receive any salary or anything ficial must act immediately to end the create the appearance of: ( 3 ) Arrangement for loans from banks of monetary value from a private source real or apparent conflict or to prevent a (a) Using public office for private or other financial institutions granted on as compensation for his services to the possible conflict by (i) disqualification gain; customary terms. Government. for a particular assignment or (ii) ar (b) Giving preferential treatment to (4) Acceptance of unsolicited adver (c) Teaching, writing, and lecturing. rangement by mutual agreement that the any person; tising or promotional material, such as (1) Teaching, writing, and lecturing by employee will divest himself of the in (c) Impeding Government efficiency pens, pencils, note pads, calendars, and employees are outside activities which terest before proceeding with the assign or economy; other items of nominal intrinsic value. may be permitted so long as all require ment. Any such action must also be (d) Losing complete Independence or (c) An employee shall not solicit a ments pertaining to conflicts of interest 1 6 5 13 reported with recommendations to the impartiality; contribution from another employee for and outside employment (see especially FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 I paragraphs (a) (3) and (4) of this sec showing as a minimum: (i) By named § 100.735—15' Special additional require ployees shall complete Form NLRB-4573 13562 tion) are observed. However, an employee employee, the request and official action ments for Presidential appointees. (revised) and forward it as follows: shall not, either for or without compen taken, and (ii) a list by employee of the (1) Employees under the General sation, engage in teaching, lecturing, or outstanding authorizations for outside Board Members and the General Coun Counsel to their Regional Director, divi writing that is dependent on information employment. sel (a) shall not engage in any other sion, branch, or office chief of the equiv obtained as a result of his Government business, vocation, or employment, and alent, § 100.735—14 Other outside activities. (b) shall not receive compensation or employment, except when that informa anything of monetary value for any con (2) Employees on the staff of a Board tion has been made available to the gen-, The prohibition of § 100.735-13 shall sultation, lecture, discussion, writing, Member to their respective Board Mem eral public or will be made available on not preclude an employee from: bers or his designee, request, or when the Board or General or appearance the subject matter of (3) Washington Trial Examiners to Counsel gives written authorization for ' (a) Receipt of bona fide reimburse which is devoted substantially to the re ment, uiiless prohibited by law, for actual sponsibilities, programs, or operations of the Chief Trial Examiner or his the use of nonpublic information on the expenses for travel and such other nec the NLRB, or which draws substantially associates, basis that the use is in the public essary subsistence as is compatible with on official data or ideas which have not (4) San Francisco Trial Examiners to interest. the standards in this part, and for which the Associate Chief Trial Examiner, San (2) No employee of the Agency shall become part of the body of public infor no Government payment or reimburse mation. \\ Francisco, and instruct, either directly or indirectly, or ment is made (since authority«'for pay (5) Other employees under the Board be concerned in any manner with the ment of travel and subsistence to attend § 100.735—16 Financial and other inter to their division, branch, or office chief. instruction of any person or classes of meetings is derived from the Government ests. persons with a view to their special prep In the absence of any of the above of Employees Training Act, see Title 4, item (a) General provisions. Under Title ficials, the person officially acting in the aration for an examination of the Civil 2022 of the NLRB Administrative Poli Service Commission or the Boards of 18 of the United States Code entitled capacity of the absent official shall re cies and Procedures Manual). However, Crimes and Criminal Procedure, section ceive Form NLRB-4573 (revised). Examiners for the Foreign Services. Any this provision does not allow an employee request for exceptions shall be directed to 208, provisions of this section apply to all (d) Action required. See § 100.735-4. to be reimbursed, or payment to be made REGULATIONS AND RULES the Agency Counselor. employees whether or not they are re § 100.735—17 Use of Government prop on his behalf, for excessive personal liv quired to report under Subpart C of this erty. (d) Employment under State or local ing expenses, gifts, entertainment or part. Employees shall not have direct government. An employee shall not en other personal benefits, nor does it allow or indirect financial interests that con An employee is prohibited from di gage in outside employment under a an employee to be reimbursed by a person flict substantially or appear to conflict rectly or indirectly using or allowing the State or local government, except in those for travel on official business under substantially with their duties and re use of Government property of any kind, situations allowed by law, Executive order agency orders when reimbursement is sponsibilities as Federal employees or en including property leased to the Govern or Civil Service Commission regulation proscribed by Decision B-128527 of the gage, directly or indirectly, in financial ment, for other than officially approved (5 CFR Part 734), and witl|i the con Comptroller General dated March 7, transactions as a result of, op primarily activities. An employee has the positive sent of the Board or General Counsel. 1967; relying upon, information obtained duty to protect and conserve Govern (e) Requests for authorization and re (b) Participating in the activities of through their employment and not avail ment property, including equipment, sup ports of outside employment— (1) Legal National or State political parties inso able to the public. However, this section plies, and other property entrusted or practice. Requests directed to the Board far as such participation is not proscribed does not preclude an employee from hav issued to him. or General Counsel, as appropriate, for bylaw; ing a financial interest or engaging in § 100.735—18 Misuse of information. exception to the prohibition in para (c) Participating in affairs of or ac financial transactions to the same ex graph (a) (1) of this section, shall at a cepting an award for a meritorious pub tent as a private citizep not employed by Except as permitted in § 100.735-13 (c) minimum, include: lic contribution or achievement given by the Government so long as it is not pro (1), no employee may directly or in (1) Nature of legal activity, hibited by law, Executive order, or the directly use or allow the use of official (ii) Relationship of proposed client (s) a charitable, religious, professional, so regulations in this part. information obtained through or in con to employee, if any, cial, fraternal, nonprofit educational or (b) Limitations where financial or nection with his employment with the (iii) Expected duration of activity, and recreational, public service, or civic or other interests are involved. Except as Agency which has not been made avail (iv) Compensation involved. ganization; or permitted under paragraph (d) of this able to the general public, for the pur (2) Other employment. Before any (d) Attending, participating in or section, no employee shall participate in pose of furthering any private interest employee accepts outside employment, he speaking at special meetings conducted any case, proceeding, or other matter be § 100.735—19 Indebtedness. shall obtain permission , of his Regional by labor or management organizations or fore the Agency whenever to his knowl Director, Branch Chief, or the equivalent. edge he, his spouse, minor child, or rela An employee shall pay each just fi Permission shall be granted in accord associations thereof where the subject tive residing in his household is asso nancial obligation including those im ance with the regulations in this part. matter relates to the functions or spe ciated with, has a financial interest in, posed by laws in a proper and timely Each Regional Director, Branch Chief, cializations of the Agency; provided such or is seeking employment with, any out manner. For the purpose of this section, or the equivalent shall maintain a rec attendance or participation has been ap side person who has a direct interest in a “just financial obligation” means one ord on an individual basis of each re proved by the employee’s respective Re such case, proceeding, or other matter. acknowledged by the employee or re quest received for outside employment gional Director, Division Chief, or equiv (c) Disclosures of financial or other duced to judgment by a court, and “in authorization and the official action tak interests. Upon assignment of any case, a proper and timely” manner means in a en. At least annually, as of June 30, the alent who is generally responsible for proceeding, or other matter in which the manner which the Agency determines Division Chief shall require a report from clearing such matters with the Board or employee has an interest as described in does not, under the circumstances, re each subordinate authorizing official General Counsel as appropriate. paragraph (b) of this section, the em flect adversely on the Government as an FEDERAL REGISTER, VOL. 32, NO. 187---WEDNESDAY, SEPTEMBER 27, 1967 FEDERAL REGISTER, VOL. 32, NO. 187— WEDNESDAY, SEPTEMBER 27, 1967 ate household Is considered to be an Subparf D— Conduct and Responsi a gift, gratuity, loan, entertainment, or nature and such a level of responsibility 13564 interest of the employee. bilities of Special Government Em favor for himself or another person, par that the submission of the statement ticularly one with whom he has family, is not necessary to protect the integrity (b) Interests not known by the em ployees ployee. In circumstances where informa business, or financial ties, except for of the Government. tion regarding interests is not known to § 100,735—41 General provisions. situations clearly falling within the § 100.735—47 Miscellaneous statutory the employee but known to another per In addition to the requirements of this scope of § 100.735-12 (b). provisions. son, such as, but not limited to holdings subpart, special Government employees § 100.735—46 Statement of employment Each Special Government employee of placed in trust, the employee shall re are expected to adhere to the specified and financial interests. the Agency has a positive duty to ac quest that other person to submit such requirements of Subpart B, as follows; (a) In addition to the requirements of quaint himself with each statute that information in his behalf. §§ 100.735—11, 100.735-12 (c) and (d), § 100.735-16, special Government em relates to his ethical and other conduct. § 100.735—37 Information not required. 100.735- 14 (d), 100.735-16 through ployees are to submit Form NLRB 4664a, See all of § 100.735-22, Miscellaneous 100.735- 21. 1 “Statement of Employment and Finan statutory and nonstatutory provisions Employees need not submit in a state § 100.735—42 Use of employment. cial Interests for Special Government (copies of various statutes, etc., included ment of employment and financial inter Employees,” which shall show all other in this listing are reprinted in the appen ests or supplementary statement any A special Government employee of the employment; and such financial inter dix to the National Labor Relations information about the employee’s con National Labor Relations Board shall not ests which the Agency determines are Board Administrative Policies and Pro nection with or interest in a professional use his employment for a purpose that is, relevant in light of the duties the spe cedures Manual), and especially: society or a charitable, religious, social, or gives the appearance of being, moti cial Government employee is to perform. (a) The prohibition against receiving fraternal, recreational, public service, vated by the desire for private gain for (b) The Agency may waive the re compensation for claim, contracts, etc. civic, or political organization not con himself or another person, particularly quirement of paragraph (a) of this sec (18 U.S.C. 203). ducted as a business enterprise. For this one with whom he has family, business, tion for a special Government employee (b) The prohibition against prosecut purpose, educational and other institu or financial ties. who is not a consultant or an expert ing claims against and other matters tions doing research and development or § 100.735-43 Use of inside information. when the Agency determines that the affecting the Government (18 U.S.C. REGULATIONS AND RULES related work involving grants of money duties of the position held by a special 205). from or contracts with the Government A special Government employee of the Government employee are of such a na (c) The prohibition against prosecut are considered business enterprises and National Labor Relations Board shall ture and at such a level of responsibility ing claims involving matters connected are required to be included in an em not use inside information obtained as a, that the submission of the statement by with former duties—disqualification of ployee’s statement of employment and result of his employment with the Agency the incumbent is not necessary to protect partners (18 U.S.C. 207). financial interests. for private gain for himself or another the integrity of the Government. For the (d) The prohibition against an inter person either by direct action on his ested person acting as a Government § 100.735—38 Confidentiality of employ part or by counsel, recommendation, or purpose of this paragraph, “consultant” ee’s statements. and “expert” have the meanings given agent (18 U.S.C. 208). suggestion to another person, particu those terms by chapter 304 of the Federal These regulations were originally ap Individuals designated at § 100.735- larly one with whom he has family, busi Personnel Manual. proved by the Civil Service Commission 32(a) to receive statements of employ ness, or financial ties. “Inside Informa (c) The above statement must be on February 8, 1966, and were effective ment and financial interests and as ap tion” means information obtained under submitted no later than the time of upon publication in the Federal Register propriate under § 100.735-2 (c) (3) the Agency or Government authority which employment of the special Government on Saturday, March 11,1966. The amend Ageiicy Counselor, shall review and re has not become part of the body of pub employee. By the submission of supple ments included herein were approved by tain each statement of employment and lic information. The above does not pre mentary statements, each special Gov teh Civil Service Commission on August \ financial interests and each supplemen clude the special Government employee ernment employee is required to keep his 28, 1967, and are effective upon publica tary statement in confidence. Employees from teaching, lecturing, or writing in statement current throughout his em tion in the Federal Register. so designated shall not allow access to or a manner not inconsistent with the pro ployment with the Agency. allow information to be disclosed from visions of § 100.735-13. (d) The requirements of paragraph Signed at Washington, D.C., on Sep such statements except to carry out the § 100.735—44 Coercion. (a) of this section are waived for special tember 22, 1967, purposes of this part. The Agency is not Government employees occupying the po O gden W . F ields, A special Government employee is pro Executive Secretary. permitted to disclose information from a hibited from using his employment to sition of Election Clerk (WAE) GS-5,and statement except as the Chairman of the coerce, or give the appearance of coerc Election Examiner (WAE) GS-7 as the [F.R. Doc, 67-11348; Filed, Sept. 26, 1967; CSC or the Board and General Counsel ing, a person to provide financial benefit duties of those position^ are of such a 8:50 a.m.] may determine for good cause shown. to himself or another person, particu § 100.735—39 Effect of employee’s state larly one with whom he has family, busi ment on other requirements. ness, or financial ties. The statements of employment and fi § 100.735—45 Gifts, entertainment, and nancial interests and supplementary favors. statements required of employees are in A special Government employee, while addition to, and not in substitution for so employed or in connection with his or in derogation of, any similar require employment, is prohibited from receiving ments imposed by law, order, or regu or soliciting from a person having busi lation. ness at the Agency anything of value as FEDERAL REGISTER, VOL. 32, NO. 187---WEDNESDAY, SEPTEMBER 27, 1967