FEDERAL REGISTER VOLUME 33 • NUMBER 68 Saturday, April 6,1968 • Washington, D.C. Pages 5443-5490

Agencies in this issue— The President Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Power Commission Federal Reserve System Federal Trade Commission General Services Administration Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Park Service Post Office Department Securities and Exchange Commission Tariff Commission Treasury Department Detailed list o f Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1968)

Title 26— Internal Revenue Part 1 (§§ 1.301-1.400) (R evised)------_------$0. 65 Title 28—Judicial Administration (Revised)______. 55 Title 41— Public Contracts and Property Management (Chapters 19-100) (Revised)______.55

[A cumulative checklist of CFR issuances fov 1968 appears in the first issue of the Federal Register each month under Title 1 ]

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

/ w \ Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAL® REGISTERon the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (mail alldress National Area Code 202 V '»3« -off£ Phone 962-8626 * o m « o ’ Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1936 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T he Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op Federal Regulations is sold by the Superintendent oi Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code op Federal Regulations. Contents

CUSTOMS BUREAU INTERIOR DEPARTMENT THE PRESIDENT Proposed Rule Making See also Land Management Bu­ reau; National Park Service. PROCLAMATION Richmond-Petersburg customs Death of Martin Luther King, Jr_ 5447 port of entry ; consolidation Notices and establishment of bound­ Crude oil and unfinished oils; aries ______5458 maximum level of imports into EXECUTIVE AGENCIES Puerto Rico------5469 FEDERAL AVIATION AGRICULTURE DEPARTMENT ADMINISTRATION JNTERNAL REVENUE SERVICE See Commodity Credit Corpora­ Notices tion; Consumer and Marketing Rules and Regulations Authority delegation; Directors, Service. Airworthiness directive ; Beech airplanes ------5447 Internal Revenue -Service BUSINESS AND DEFENSE Control zones and transition Centers______5467 SERVICES ADMINISTRATION areas: Revocation and alteration------5448 INTERSTATE COMMERCE Notices Revocation, designation, and COMMISSION Applications for duty-free entry alteration ------5448 of scientific articles; Restricted areas: Notices Boston University et al------5473 Designation, temporary----- — 5449 Fourth section application for Environmental Science Serv­ Revocation —------5449 relief______5481 ices Administration and Uni­ Transition area; alteration------5448 Motor carriers : versity of Texas.------— 5473 Temporary authority applica­ Pennsylvania State University; Proposed Rule Making tions (2 documents)____ 5481,5483 decision______--- ______5473 Airworthiness directives: Transfer proceedings------5484 Purdue University et al------5474 Piper PA-28 and PA-32 Series University of California at airplanes ______5458 LAND MANAGEMENT BUREAU Davis et al------5474 Pratt & Whitney aircraft en­ gine ______5458 Notices CIVIL AERONAUTICS BOARD Federal airways: Authority delegation; Nevada Dis­ Alteration, extension, and revo­ trict Managers et al------5467 Notices cation ______5459 Hearings, etc.: Extension ------5459 NATIONAL PARK SERVICE Aero O/Y (Finnair)------5475 Notices British Eagle Aviation, Ltd----- 5475 FEDERAL COMMUNICATIONS _ Continental Air Lines, Inc., and Padre Island National Seashore, Braniff Airways, Inc—_— .— 5475 COMMISSION Tex.; establishment-______5468 Martin’s Luchtvervoer Maat- Notices schappij N.V______- —-- 5476 Manatee Cablevision, Inc., et al.; POST OFFICE DEPARTMENT United Air Lines, Inc., et al_— 5476 hearing, etc— ------5477 Proposed Rule Making CIVIL SERVICE COMMISSION Fourth-class mail; reformation of FEDERAL POWER COMMISSION postage rates______5460 Notices Notices SECURITIES AND EXCHANGE Nurses; adjustment of minimum Hearings, etc.: pay rates and rate ranges____ 5477 El Paso Natural Gas Co------5489 COMMISSION COMMERCE DEPARTMENT Gulf Oil Corp. et al------5485 Notices Phillips Petroleum Co. et al— 5486 Cameo-Parkway Records, Inc.; See Business and Defense Services United Natural Gas Co. and suspension of trading------5481 Administration. Pennsylvania Gas Co------5489 COMMODITY CREDIT FEDERAL RESERVE SYSTEM TARIFF COMMISSION CORPORATION Notices Notices Notices Valley Bancorporation; -applica­ Furazolidone; receipt of com­ p la in t-______5481 Sales of certain commodities; tion for approval of acquisition of shares of bank------5480 April sales list______5469 TRANSPORTATION DEPARTMENT CONSUMER AND MARKETING FEDERAL TRADE COMMISSION See Federal Aviation Adminis­ SERVICE Proposed Rule Making tration. Textile fiber products identifica­ Rules and Regulations tion ; application for generic TREASURY DEPARTMENT Lemons grown in California and name for manufactured fiber See also Customs Bureau; Internal Arizona; handling limitation__ 5447 X F E {______5459 Revenue Service. Potatoes, fresh Irish; livestock feed diversion program; rate Notices of payment______5447 GENERAL SERVICES Antidumping; titanium sponge Proposed Rule Making ADMINISTRATION from the U.S.S.R.; tentative Rules and Regulations determination------5467 Asparagus, frozen; standards for Transfer of functions from Bu­ grades ______5462 Federal procurement; contract reau of Narcotics to Office of the Melons grown in South Texas; cost principles and procedures; Secretary______5467 recommended decision______,5465 miscellaneous amendments----- 5449 5445 5446 CONTENTS List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

3 CFR 14 CFR 19 CFR 39______5447 P roclamation : 71 (3 documents) 5448 PROPOSED Rules: 3839...... 5447 73 (2 documents) 5449 1------5458 7 CFR P r o po sed R u l e s : 39 CFR 39 (2 documents) 208______f ™ 71 (2 documents) 5459 P roposed R u l e s : 910______— 5447 135------5460 P r o po sed R u l e s : 16 CFR 52______5462 P ro po sed R u l e s : 41 CFR Ch. IX ______5465 303______5459 1-15______5449 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3839 DEATH OF MARTIN LUTHER KING, JR. By the President of the United States of America A Proclamation TO THE PEOPLE OF THE UNITED STATES: The heart of America grieves today. A leader of his people— a teacher of all people— has fallen. Martin Luther K ing, Jr., has been struck down by the violence against which he preached and workedi Y et the cause for which he struggled has not fallen. The voice that called for justice and brotherhood has been stilled— but the quest for freedom, to which he gave eloquent expression, continues. Men of all races, all religions, all regions must join together in this hour to deny violence its victory— and to fulfill the vision of brother­ hood that gave purpose to Martin Luther King’s life and works. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States, do call upon all Americans to observe Sunday next, the seventh day of April, as a day of national mourning through­ out the United States. In our churches, in our homes, and in our private hearts, let us resolve before God to stand against divisiveness in our country and all its consequences. I direct that until interment the flag of the United States shall be flow at half-staff on all buildings, grounds and naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN W IT N E S S W H E R E O F , I have hereunto set my hand this fifth day of April, in the year o f our Lord nineteen hundred and sixty-eight and of the Independence of the United States of America the one hundred and ninety-second.

[F.R. Doc. 68-4254; Filed, Apr. 5, 1968; 1:18 p.m.]

FEDERAL REGISTER, V O L 33, NO. 68— SATURDAY, APRIL 6, 1968

5449

Rules and Regulations

tend to effectuate the declared policy of Title 7— AGRICULTURE the act. Title 14— AERONAUTICS AND (2) It is hereby further found that it Chapter I— Consumer and Marketing is impracticable and contrary to the pub­ SPACE Service (Standards, Inspections and lic -interest to give preliminary notice, Marketing Practices), Department engage in public rule-making procedure, Chapter I— Federal Aviation Admin­ and postpone the effective date of this of Agriculture istration, Department of Transpor­ section until 30 days after publication tation SUBCHAPTER M— EXPORT AND DOMESTIC hereof in the F ederal R e g is t e r (5 U.S.C. CONSUMPTION PROGRAMS 553) because the time intervening be­ [Docket No. 67-CE-9-AD, Admt. 39-574] [208.5, Arndt. 1] tween the date when information upon which this section is based became avail­ PART 39— AIRWORTHINESS PART 208— FRESH IRISH POTATOES able and the time when this section must DIRECTIVES become effective in order to effectuate the Subpart— Fresh Irish Potatoes-Live­ declared policy of the act is insufficient, Beech Model 95—55, 95—A55, 95— stock Feed Diversion Program IMD and a reasonable time is permitted, under B55, 95-C55, and 56TC Airplanes 3a the circumstances, for preparation for Amendment 39-500 <32 F.R. 14890), R ate op ¡Pa y m e n t such effective time; and good cause exists AD-67-29-1, requires repetitive inspec­ for making the provisions hereof effec­ tions and modification or replacement, In § 208.5 (33 P.R. 623) the first sen­ tive as hereinafter set forth. The com­ tence is amended to read as follows : when necessary, of the rudder spar web mittee held an open meeting during the on certain Model Beech 95—55, 95-A55, § 208.5 Rate of p a y m en t. current week, after giving due notice 95-B55, 95-C55, and 56TC Airplanes with The rate of payment per 100 pounds thereof to consider supply and market 1,000 hours’ or more time in service. of potatoes which meet the requirements conditions for lemons and the need for After issuing Amendment 39-500, there of Specification A as defined in § 208.11 regulation; interested persons were af­ have been 4 reports in which cracks were and which are diverted as prescribed in forded an opportunity to submit infor­ found in the rudder spar web on aircraft §208.10 will be'55 cents from inception mation and views at this meeting ; the with less than 1,000 hours’ time in serv­ of the program through February 11, recommendation and supporting infor­ ice. In view of these reported instances, 1968, 75 cents from February 12,- 1968, mation for regulation during the period the Agency believes that the maximum until April 13, 1968, and 45 cents there­ specified herein were promptly submitted possible period for initial compliance after to the termination of the pro­ to the Department after such meeting should correspond basically to that called gram. * * * was held; the provisions of this section, for in Beechcraft Service Bulletin 67-34, including its effective time, are identical Dated: April 3,1968. Rev. 1. Thus, the applicability statement with the aforesaid recommendation of of AD-67-29-1 must be revised to make Paul A. Nicholson, the committee, and information concern­ it effective initially on aircraft with less Deputy Director, ing such provisions and effective time has than 1,000 hours’ time in service. In addi­ Fruit and Vegetable Division. been disseminated among handlers of tion, paragraph (a) of Amendment 39- such lemons; it is necessary, in order to [F.R. Doc. 68-4165; Filed, Apr. 5, 1968; effectuate the declared policy of the act, 500 inadvertantly indicated that the rud­ 8 :4 8 a.m.] der spar web is to be inspected in accord­ to make this section effective during the ance with the method outlined in Beech period herein specified; and compliance with this section will not require any Service Bulletin 67-34, dated October, Chapter IX— Consumer and Market­ special preparation on the part of per­ 1967, or Federal Aviation Administration ing Service (Marketing Agreements sons subject hereto which cannot be approved equivalent. This was not in­ completed on or before the effective date tended since Beech Service Bulletin 67- and Orders; Fruits, Vegetables, 34 does not contain a specific inspection Nuts), Department of Agriculture hereof. Such committee meeting was held on April 2, 1968. procedure for detecting cracks and para­ [Lemon Reg. 315] (b) Order. (1) The respective quanti­graph (a) of the airworthiness directive ties of lemons grown in California and adequately defines the inspection proce­ PART 910— LEMONS GROWN IN Arizona which may be handled during dure. Further, any reference to the serv­ CALIFORNIA AND ARIZONA the period April 7, 1968, through April ice bulletin should be to Beechcraft Serv­ 13,1968, are hereby fixed as follows: ice Bulletin 67-34, Rev. 1 and should not Limitation of Handling (1) District 1 : Unlimited movement; be dated. § 910.615 Lemon Regulation 315. (ii) District 2: 209,250 cartons; Accordingly, since the amendment is in the interest of safety, corrects an er­ (a) Findings. (1) Pursuant to the (iii) . District 3: unlimited movement. (2) As used in this section, “handled,” ror, and changes the reference to the marketing agreement, as amended, and service bulletin, it is found that notice Order No. 910, as amended (7 CFR Part “District 1,” “District 2,” “District 3,” and “carton” have the same meaning as and public procedure hereon are im­ »10), regulating the handling of lemons practical and good cause exists for mak­ grown in California and Arizona, effec­ when used in the said amended market­ ing agreement and order. ing this amendment effective in less than tive under the applicable provisions of thirty (30) days. the Agricultural Marketing Agreement (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. "5“ of 1937, as amended (7 U.S.C. 601- 601-674) In consideration of the foregoing and pursuant to the authority delegated to 0*4), and upon the basis of the recom­ Dated: April 4, 1968. mendations and information submitted me by the Administrator (39 F.R. 13697), the Lemon Administrative Committee, P a u l A . N ic h o l s o n , § 39.13 of Part 39 of the Federal Aviation established under the said amended mar- Deputy Director, Fruit and Vege­ Regulations, Amendment 39-500 (32 F.R. etmg agreement and order, and upon table Division, Consumer and 14890, AD-67-29-1), is amended as f available information, it is hereby Marketing Service. follows: Imitation of handling of [F.R. Doc. 68-4193; Filed, Apr. 5, 1968; 1. The applicability statement is sucn lemons, as hereinafter provided, will 8 :4 9 a.m.] amended to read as follows :

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5450 RULES AND REGULATIONS

Beechcbapt. Applies to Model 95-55 (Serial miles southwest of th§ VORTAC, excluding Nos. TC—1 through TC-190), 95—A55 2. In § 71.181 (33 F.R. 2137) the Yaka- the portion subtended by a chord drawn be­ taga, Alaska, transition area is amended (Serial Nos. TC—191 through TC-501 ex­ tween the points of INT of the 5-mile radius cept TC—350 and TC-371), 95-B55 (Serial zone with the Akron, Ohio (Akron Municipal to read: Y akataga, Alaska Nos. TC-371, TC—502 through TC-1042), Airport) control zone. 95—C55 (Serial Nos. TC-350, TE-1 vaw uuuig upwcuu JL rum .yy through TE—451), and 56TC (Serial Nos. 3. Amend § 71.171 of Part 71 of the feet above the surface within a 5-mile radius TG—1 through TG-51) airplanes with Federal Aviation Regulations by desig­ of the Yakataga Airport (latitude 60°04'52" 250 hours’ or more time In service, nating an Akron, Ohio (Akron Municipal N., longitude 142°29'30" W .); within 2 miles 2. Paragraph (a) Is amended to read Airport), control zone described as each side of th e southw est course of the follows: Yakataga RR, extending from the 5-mile ra­ as follows: dius area to the INT of the southwest course Akron, Ohio (Akron Municipal Airport) (a) Inspect visually the ruddar spar web, of the Yakataga RR and the east course of In the area under and adjacent to the Within a 5-mile radius of the center 41®- the Hinchinbrook, Alaska, RR; and that upper and the center hinge attach points. 02'15" N., 81°28'05" W., of Akron Municipal airspace extending upward from 1,200 feet Airport, Akron, Ohio, excluding the portion above the surface within 5 miles northwest 3. In paragraph (b) (1) “Beech Serv­ subtended by a chord drawn between the and 8 miles southeast of the Yakataga RR ice Bulletin 67-34, dated October 1967” points of INT of the 5-mile radius zone with ’ southwest course, extending from 7 miles is deleted and “Beechcraft Service the Akron, Ohio (Akron-Canton Airport), northeast to 13 miles southwest of the INT Bulletin 67-34, Rev. 1” is substituted control zone. of the southwest course of the Yakataga RR therefor. and east course of the Hinchinbrook, Aiast-a 4. Amend § 71.181 of Part 71 of the RR; within 5 miles each side of the Yakataga This amendment becomes effective Federal Aviation Regulations so as to RR southeast course extending from the RR April 5, 1968. alter the Akron, Ohio,' 700-foot floor to the INT of the southeast course of Yaka­ (Secs. 313(a), 601, 603, Federal Aviation Act transition area by adding after the taga RR and the west course of the Yakutat, of 1958; 49 UJS.C. 1354(a), 1421, 1423) phrase “ 12 miles south of the OM;” the Alaska, RR. Issued in Kansas City, Mo., on March following: “within 2 miles each side of (Sec. 307(a), Federal Aviation Act of 1958; 27, 1968. the Akron VORTAC 223° radial extend­ 49 U.S.C. 1348) ing from the Akron-Canton Airport 7- E d w a r d C . M a r s h , Issued in Anchorage, Alaska, on March Director, Central Region. mile radius area to 5 miles southwest of the VORTAC;”. 25, 1968. [F.R. Doc. 68-4143; Filed, Apr. 5, 1968; L y l e K . B r o w n , [FJt. Doc. 68-4144; Plied, Apr. 5, 1968; 8 :4 6 a m .] Director, Alaskan Region. 8 :4 6 a m .] [F.R. Doc. 68-4145; Filed, Apr. 5, 1968; [Airspace D ocket N o. 6 7 -E A -8 6 ] [Docket N o. 6 8 -A L -2 ] 8 :4 6 a m .] PART 71— DESIGNATION OF FEDERAL p a r t 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, AIRWAYS, CONTROLLED AIRSPACE, [Airspace Docket No. 68-SW -ll] AND REPORTING POINTS AND REPORTING POINTS PART 71— DESIGNATION OF FEDERAL Revocation, Designation of Control Revocation of Control Zone and AIRWAYS, CONTROLLED AIRSPACE, Zones, and Alteration of Transition Alteration of Transition Area AND REPORTING POINTS Area On February 16, 1968, a notice of pro­ Alteration of Transition Area posed rule making was published in the On page 14666 of the F e d er al R e g is t e r The purpose of this amendment to for October 21, 1967, the Federal Avia­ F ederal R e g is t e r (3 3 FJR. 3 0 7 7 ) stating Part 71 of the Federal Aviation Regula­ tion Administration published a pro­ that the Federal Aviation Administration tions is to alter the Kingsville, Tex., tran­ posed rule which would revoke the Akron, proposed to revoke the Yakataga, Alaska, sition area. Ohio, control zone and designate control control zone because hourly and special weather reporting services will not be On February 22, 1968, a notice of pro­ zones for Akron—Canton and Akron Mu­ posed rule making was published in the nicipal Airports and alter the Akron, available to support the control zone designation. The notice also stated that F ederal R e g is t e r (33 FJt. 3284) stating Ohio, 700-foot floor transition area. the Federal Aviation Administration Interested parties were given 30 days the 1,200-foot floor transition area will remain as currently designated. proposed to alter the Kingsville, Tex., after publication in which to submit transition area. written data or views. No objections to Interested persons were afforded an the proposed regulations have been opportunity to participate in the rule Interested persons were afforded an received. making through submission of com­ opportunity to participate in the rule In consideration of the foregoing, the ments, but no comments were received. making through submission of comments. rule as proposed is hereby adopted ef­ Subsequent to the publication of the All comments received were favorable fective 0001 eA.t. May 23, 1968. notice, it was determined that the es­ In consideration of the foregoing, Part tablishment of a 700-foot floor transition 71 of the Federal Aviation Regulations (Sec. 307(a), Federal Aviation Act of 1958; 72 Stat. 749; 49 U.S.C. 1348) area having the same lateral dimensions is amended, effective 0901 GMT, June 20, of the present control zone would provide 1968, as herein set forth. Issued in Jamaica, N.Y„ March 26, adequate controlled airspace for a public In § 71.181 (33 F.R. 2204) the Kings­ 1968. instrument approach procedure. ville, Tex., transition area is amended to G eorge M . G a r y , Since the substitution of a 700-foot read: Director, Eastern Region. floor transition area for the control zone K ingsville, Tex. 1. Amend § 71.171 of Part 71 of the would be less restrictive and would im­ Federal Aviation Regulations by revok­ pose no additional burden on any person, That airspace extending upwards from 700 compliance with the notice and public feet above the surface within a 15-mile ing the Akron, Ohio, control zone. radius of NAAS Kingsville (North) (la*- 2. Amend § 71.171 of Part 71 of the procedure requirements of the Admin­ 2 7 ° 3 0 '1 0 " N „ long. 9 7 °4 8 '2 5 " W .), excluding Federal Aviation Regulations by desig­ istrative Procedures Act is unnecessary. that portion which lies within the Alice, Tex., nating an Akron, Ohio (Akron-Canton Also, more than 30 days will elapse from control zone. the date of publication until the effective Airport), control zone described as (Sec. 307(a), Federal Aviation Act of 1958; follows: date of the transition area amendment. In consideration of the foregoing and 49 U.S.C. 1348) Akron, Ohio (Ak ron-Canton Airport) for the reasons stated herein and in the Issued in Fort Worth, Tex., on March Within a 5-mile radius of the center, 40®- notice, Part 71 of the Federal Aviation 28, 1968. 55'05" N., 81 °26'30" W., of Akron-Canton Regulations is amended effective May 23, A . L . C o ulter, Airport, Akron, Ohio, and within 2 miles each 1968, as hereinafter set forth. Acting Director, Southwest Region. side of th e Akron V O R TA C 223® radial ex­ 1. In § 71.171 (33 F.R. 2058) the Yaka­[F.R. Doc. 68-4142; Filed, Apr. 5, I960; tending from the 5-mile radius zone to 12.5 taga, Alaska, control zone is revoked. 8 :4 6 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 RULES AND REGULATIONS 5451

[Airspace Docket No. 67-CE-1&5] Issued in Washington, D.C., on March Sec. 28,1968. 1-15.502-2 Factors affecting allowability of PART 73— SPECIAL USE AIRSPACE costs. J o s e p h J . R e g a n , 1-15.502-3 Allocation of indirect manu­ Designation of Temporary Restricted Acting Director, facturing and plant opera­ Area Air Traffic Service. tional cost. [F.R. Doc. 68—4147; Filed, Apr. 5, 1968; 1-15.502-4 General and administrative On January 27, 1968, a notice of pro­ 8 :4 6 a.m.] costs (including central and posed rule making was published in the branch office allocation s). F e d e r a l R eg ister (33 P.R. 1076) stating 1-15.502-5 Contractor’s commercial prod­ that the Federal Aviation Administration ucts. was considering an amendment to Part Subpart 1—15.1— Applicability 73 of the Federal Aviation Regulations Title 41— PUBLIC CONTRACTS that would designate a temporary re­ 1. Section 1-15.102 is amended as fol­ stricted area near Rapid City, S. Dak. AND PROPERTY MANAGEMENT lows: Interested persons were afforded an "Chapter 1— Federal Procurement § 1—15.102 Cost-reimbursement supply opportunity to participate in the pro­ Regulations and research contracts with concerns posed rule making through the submis­ other than educational institutions. sion of comments. One comment was PART 1-15— CONTRACT COST PRIN­ This category includes all cost-reim­ received which interposed no objection. CIPLES AND PROCEDURES In consideration of the foregoing, Part bursement type contracts (see § 1-3.405) 73 of the Federal Aviation Regulations Miscellaneous Amendments for supplies, services, or experimental, is amended, effective 0001 e.s.t., May 23, developmental, or research work (other 1968, as hereinafter set forth. This amendment of the Federal Pro­ than with educational institutions, as to which § 1-15.103 applies), except that it In § 73.61 (33 F.R. 2338), Restricted curement Regulations makes changes in does not include construction and archi­ Area Rr-6102 Badlands, S. Dak., is desig­ and additions to Part 1-15, Contract Cost nated as follows: Principles and Procedures. The signifi­ tect-engineer contracts (see § 1-15.104) cant changes include more comprehen­ or facilities contracts (see § 1-15.105). R-6102 Badlands, South Dakota sive coverage regarding employee morale, The cost principles and procedures set Boundaries: Beginning at lat. 4 3 °3 5 '0 0 " health, and welfare costs; intracompany forth in Subpart 1-15.2 may be incor­ N„ long. 102°05'00'' W.; to lat. 43o35'00" N., transfers of materials, supplies, and porated (by reference, if desired) in long. 102°25'00'' W.; to lat. 43°42'00" N., services; relocation costs; and owned cost-reimbursement supply and research long. 102°25'00" W.; to lat. 43°42'00" N., and leased aircraft. In addition, Subpart contracts with other than educational long. 102°05'00" W. to the point of beginning. institutions as the basis— Designated altitudes: Surface to 32,000 feet 1-15.4 on construction and architect- MSL. engineer contracts has been expanded, * * * * * Time of designation: A 2-w eek period a n ­ and Subpart 1-15.5 on facilities con­ 2. Section 1-15.104 is revised, to read nually between June 1 and August 31, to be tracts, has been added. Other changes are as follows: publicized by NOT AM. editorial in nature. Using agency: The A d ju tan t General, State The table of contents for Part 1-15 is § 1 — 15.104 Cos I-reimbursement con­ of South Dakota (147th Artillery Group, struction and architect-engineer con­ South Dakota Army National Guard). amended to provide new and revised entries as follows: tracts. (Sec. 307(a), Federal Aviation Act of 1958; (a) This category includes all cost- 49 UJ3.C.1348) Sec. 1-15.104 Cost-reimbursement construc­ reimbursement type contracts for con­ Issued in Washington, D.C., on March tion and architect-engineer struction as defined in § 1-15.401. It also 28,1968. contracts. includes cost-reimbursement type con­ J o s e p h J. R e g a n , 1-15.105 Facilities contracts. tracts for architect-engineer services re­ Acting Director, 1-15.205-10 Employee morale, health, wel­ lated to such construction. It does not Air Traffic Service. fare, food service, and dormi­ include contracts for vessels, aircraft, or tory costs and credits. other kinds of personal property. [F.R. Doc. 68-4146; Filed, Apr. 5, 1968; 1-15.205-12 Idle facilities and idle capacity. 8:4 6 a m .] 1-15.205-14 Dividends. (b) The cost principles and procedures 1-15.205-25 Relocation costs. set forth in Subpart 1-15.4 may be in­ 1-15.205-39 Severance pay. corporated (by reference, if desired) in [Airspace Docket No. 68-E A -19] 1-15.205-40 Special tooling and special test cost-reimbursement construction and equipment costs. PART 73— SPECIAL USE AIRSPACE architect-engineer contracts as the 1-15.205-48 Page charges in scientific jour­ basis— nals. Revocation of Restricted Area 1-15.205-49 Preservation of records. (1) For determination of reimburs­ The purpose of this amendment to able costs under cost-reimbursement Subpart 1—15.4— Construction and Architect- type contracts, including cost-reimburse­ Part 73 of the Federal Aviation Regula­ Engineer Contracts tions is to revoke Restricted Area/Mili- ment type subcontracts thereunder; tary Climb Corridor R-4103, Falmouth, 1-15.401 Definitions. (2) For the negotiation Of overhead Mass. 1-15.402 Basic considerations. rates (see Subpart 1-3.7) ; and 1-15.402-1 Applicable cost principles. The Department of the Air Force has 1-15.402-2 Special factors affecting the al­ (3) For the determination of costs of requested the Federal Aviation Adminis­ lowability of costs. terminated cost-reimbursement type tration to revoke R-4103. 1-15.403 Selected costs. contracts during the period invoices or Since this amendment is less restric­ 1-15.403-1 Job-site expenses. vouchers are submitted in accordance tive to the public, notice and public pro­ 1-15.403-2 Temporary use of land, struc­ with § 1-8.402, and for settlement of cedure hereon are unnecessary, and the tures, and facilities. such contracts by determination 1-15.403-3 Field personnel. (§ 1-8.209-7). amendment may be made effective on 1 -15.403-4 Travel costs. less than 30 days’ notice. 1-15.403-5 Bidding and proposal costs. 3. Section 1-15.105 is added to read In consideration of the foregoing, Part 1-15.403-6 Special funds in the construc­ as follows: of foe Federal Aviation Regulations tion industry. if afnended, effective immediately, as 1-15.403-7 Central or branch office ex­ § 1—15.105 Facilities contracts. hereinafter set forth. penses. Subpart 1-15.5 contains principles and aJ? ^33 *F.R. 2321) Restricted Subpart 1—15.5— Contracts for Industrial procedures for the evaluation and de­ voiced R~4103’ Falmouth> Mass-> is re- Facilities termination of costs under facilities con­ 1-15.501 Definitions. tracts, as defined in § 1-15.501, and sub­ 4^TTo3o7i a ) ’ Federal Aviation A ct o f 1958; 1-15.502 Basic considerations. contracts thereunder. Such principles w n s.C. 1348) 1-15.502-1 Applicable cost principles. and procedures may be incorporated (by

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 No. 68------2 5452 RULES AND REGULATIONS

reference, if desired) in facilities con­ (e) Royalties and other costs for the (GOCO) plants are involved. The distri­ tracts as the basis— use of patents; bution of corporate, division, or branch (a) For determination of reimbursa­ (f) Selling costs; office general and administration ex­ ble costs under facilities contracts, in­ (g) General and administrative costs penses to such plants when they operate cluding cost-reimbursement type sub­ (including corporate, division, or branch with little or no dependence on corporate contracts thereunder; office allocations) and similar expenses, administrative activities, may require (b) For the negotiation of overhead attributable to the general manage­ more precise cost groupings, detailed rates (see Subpart 1-3.7) ; and ment, supervision, and conduct of the accounts screening, and carefully de­ (c) For the determination of costs contractor’s business as a whole. These veloped distribution bases. of terminated cost-reimbursement type costs are of particular significance in contracts during the period invoices or 2. Section 1-15.205-2 is revised to read construction, job-site architect-engineer, as follows: vouchers are submitted in accordance- facilities, and Government-owned con­ with § 1-8.402, and for settlement of tractor operated (GOCO) plant con­ § 1 -1 5 .2 0 5 -2 Bad debts. such contracts by determination (see tracts (see §§ 1-15.203 (f), 1-15.403-7, § 1-8.209-7). Bad debts, including losses (whether and 1-15.502-4) ; actual or estimated), due to uncollectible 4. Section 1-15.107 is revised to read (h) Unemployment insurance experi­ customers’ accounts and other claims, as follows: ence ratings; and related collection costs, and related legal § 1—15.107 Advance understandings on (i) Employee compensation, travel, costs, arising from other business of the particular cost items. and other personnel costs, including: contractor, are unallowable. The extent of allowability of the (1) Compensation for personal serv­ 3. Section 1-15.205-9 is amended as selected items of cost covered in Sub­ ices of executive officers and employees, follows: parts 1-15.2, 1-15.3, 1-15.4, and 1-15.5 including wages and salaries, bonuses and incentives, premium payments, pay § 1—15.205—9 Depreciation. has been stated to apply broadly to many * * * * * accounting systems in varying contract for time not worked, and supplementary situations. Thus, as to any given con­ compensation and benefits, such as (d) For depreciation on idle facilities tract, the reasonableness and allocability pension and retirement, group insurance, and idle capacity, see § 1-15.205-12. of certain items of cost may be difficult severance pay plans, and other forms ***** of compensation covered by § 1-15.205-6; to determine, particularly in connection . 4. Section 1-15.205-10 is revised to with firms or separate divisions thereof (2) Morale, health, welfare, food read as follows: which may not be subject to effective service, and dormitory costs; competitive restraints. In order to avoid (3) Training and education costs; § 1—15.205—10 Employee morale, health, possible subsequent disallowance or dis­ welfare, food service, and dormitory (4) Travel costs of executive officers costs and credits. pute based on unreasonableness or non- and employees (both domestic and allocability, it is important that prospec­ foreign) ; and (a) Employee morale, health, and wel­ tive contractors, particularly those whose fare activities are those services or bene­ work is predominantly or substantially (5) Relocation costs, including special fits provided by the contractor to its em­ with the Government, seek agreement or mass personnel movement. ployees to improve working conditions, with the Government in advance of the Subpart 1—15.2— Principles and Pro­ employer-employee relations, employee incurrence of special or unusual costs in ' cedures for Use in Cost-Reimburse­ morale, and employee performance. Such categories where reasonableness or al­ activities include house publications, locability are difficult to determine. Such ment Type Supply and Research health or first-aid clinics, recreation, em­ agreement may also be initiated by con­ Contracts With Commercial Orga­ ployee counseling services, and, for the tracting offices individually or jointly, nizations purpose of this § 1-15.205-10, food and for one or more contracts (as appro­ 1. Section 1-15.203 is amended to dormitory services. Food and dormitory priate) of the procurement activity or change paragraph (b) and to provide a services include operating or furnishing agency with the contractor. Any such new paragraph (f). As amended, the facilities for cafeterias, dining rooms, agreement should be incorporated in section reads as follows: canteens, lunch wagons, vending ma­ cost-reimbursement type contracts, or chines, living accommodations or similar made a part of the contract file in the § 1—15.203 Indirect costs. types of services for the contractor’s em­ case of negotiated fixed-price type con­ * * * * * ployees at or near the contractor’s tracts, and should govern the cost treat­ (b) Indirect costs shall be accumulatedfacilities. ment covered thereby throughout the by logical cost groupings with due con­ (b) Except as limited by paragraph performance of the contract. The absence sideration of the reasons for incurring (c) of this section, the aggregate of costs of such an advance agreement on any the costs. Each grouping should be de­ incurred on account of all activities element of cost will not, in itself, serve to termined so as to permit distribution of mentioned in paragraph (a) of this sec­ make that element either allowable or the grouping on the basis of the benefits tion, less income generated by all such unallowable. Examples of costs on which accruing to the several cost objectives." activities, is allowable to the extent that advance agreements may be particularly Commonly, manufacturing overhead, the net amount is reasonable. important include: selling expenses, and general and ad­ (c) Losses from the operation of food (a) Facilities costs, such as: ministrative expenses are separately and dormitory services may be included (1) Depreciation; grouped. Similarly, the particular case as costs incurred under paragraph (b) of (2) Rental; may require subdivisions of these group­ this section only if the contractor’s ob­ (3) Use charges for fully depreciated ings, e.g., building occupancy costs might jective is to operate such services on a assets; be separable from those of personnel break-even basis. Losses sustained be­ (4) Idle facilities and idle capacity; administration within the manufactur­ cause food services or lodging accom­ (5) Plant reconversion; ing overhead group. The number and modations are furnished without charge (6) Extraordinary or deferred mainte­ composition of the groupings should be or at prices or rates which obviously nance and repair; and governed by practical considerations and would not be conducive to accomplish­ (7) Acquisition (rental or purchase) should be such as not to complicate ment of the above objective are not al­ of automatic data processing equipment unduly the allocation where substantially (ADPE). the same results are achieved through less precise methods. (b) Precontract costs; to the extent the contractor can demon­ * * * * * strate that unusual circumstances exist (c) Professional services (legal, ac­ (f) Special care should be exercised (e.g., (1) where the contractor must counting, engineering, etc.) ; in applying the principles in paragraphs provide food or dormitory services at re­ ' (d) Independent research and de­ (b ), (c ), and (d) of this section when mote locations where adequate com­ velopment; Government-owned contractor operated mercial facilities are not reasonably

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 RULES AND REGULATIONS 5453 available, or (2) where it is necessary to (2) Although not necessary to meetcommercial work of the contractor or operate a facility at a lower volume than fluctuations in workload, they were nec­ any division, subsidiary, or affiliate of the facility could economically support) essary when acquired and are now Idle the contractor under a common control, because of changes In program require­ allowance may be at a price when: where, even with efficient management, (1) It is or is based on an “established operation of the services on a break-even ments, contractor efforts to produce more basis would require charging inordi­ economically, reorganization, termina­ catalog or market price of commercial tion, or other causes which could not items sold in substantial quantities to nately high prices or prices or rates the general public” in accordance with higher than those charged by commercial have been reasonably foreseen. establishments offering the same services § 1-3.807-1 (b) (2); or Under the exception stated in subpara­ (2) It is the result of “ adequate in the same geographical areas. Cost of graph (2) of this paragraph (b), costs price competition” in accordance with food and dormitory services shall in­ of idle facilities are allowable for a rea­ § 1-3.807-1 (b) (1) (i) and (ii) (A) and clude an allocable share of indirect ex­ sonable period of time, ordinarily not to (B ), and is the price at which an award penses pertaining to these activities. exceed one year, depending upon the was made to the affiliated organization (d) In those situations where the con­ initiative taken to use, lease, or dispose after obtaining quotations on an equal tractor has an arrangement authorizing of such facilities (see § 1-15.205-42 (b) basis from such organization and one an employee association to provide or and (e) ). or more outside sources which normally operate a service such as vending ma­ (c) The costs of idle capacity are produce the item or its equivalent in chines in the contractor’s plant, and normal costs of doing business and are significant quantity: Provided, That in retain the profits derived therefrom, such a factor in the normal fluctuations of profits shall be treated in the same man­ either case: usage or overhead rates from period to (i) The price is not in excess of the ner as if the contractor were providing period. Such costs are allowable, pro­ the service (see paragraph (e) of this transferor’s current sales price to his vided the capacity is reasonably antici­ most favored customer (including any section). pated to be necessary or was originally division, subsidiary, or affiliate of the (e) Contributions by the contractor to reasonable and is not subject to reduc­ an employee organization, including contractor under a common control) for tion or elimination by subletting, renting, a like quantity under comparable condi­ funds set over from vending machine or sale, in accordance with sound busi­ receipts or similar sources, may be in­ tions; and ness, economics, or security practices. (ii) The price is not determined to be cluded as costs incurred under paragraph Widespread idle capacity throughout an (b) of this section, only to the extent unreasonable by the contracting officer; entire plant or among a group of assets provided, however, that if the price is that the contractor demonstrates that an having substantially the same function equivalent amount of the costs incurred determined unreasonable, such deter­ may be idle facilities. mination must be supported by an by the employee organization would be (d) Any costs to be paid directly by allowable if incurred by the contractor enumeration of facts on which it is based the Government for idle facilities or idle and approved at a level above the con­ directly. . capacity reserved for defense mobiliza­ tracting officer. 5. Section 1-15.205-12 is revised to readtion production shall be the subject of a as follows: separate agreement. The price determined in accordance with subparagraph (1) of this paragraph (e) § 1—15.205—12 Idle facilities and idle 6. Section 1-15.205-14 is revised toshould be adjusted, when appropriate, to capacity. read as follows: reflect the quantities being procured and (a) As used in this section, the words§ 1—15.205—14 Dividends. may be adjusted upward or downward to and phrases defined in this paragraph Dividend provisions or payments and, reflect the actual cost of any modifica­ (a) shall have the meanings set forth in the case of sole proprietors and part­ tions necessary because of contract below. ners, distributions of profit, are not requirements. (1) “Facilities” means plant or any allowable. 8. Section 1-15. 205-25 is revised to portion thereof (inclusive of land integral to the operation); equipment individu­ 7. Section 1-15.205-22 is amended asread as follows: ally or collectively; or any other tangible follows : § 1—15.205—25 Relocation costs. capital asset, wherever located, and § 1—15.205—22 Material costs. (а) Relocation costs, for the purpose of whether owned or leased by the con­ this Subpart 1-15.2, are costs incident to tractor. (a) Material costs include the costs of such items as raw materials, parts, sub- the permanent change of duty assign­ (2) “Idle facilities” means completely ment (for an indefinite period or for a unused facilities that are excess to the assemblies, components, and manufac­ turing supplies, whether purchased stated period of no less than 12 months) contractor’s current needs (see para­ of an existing employee or upon recruit­ graph (c) of this § 1-15.205-12). outside or manufactured by the con­ tractor, and may include such collateral ment of a new employee (see §§ 1-15.107 (3) “Idle capacity” means the unused and 1-15.205-33). These costs may in­ capacity of partially used facilities. It items as inbound transportation and intransit insurance. In computing ma­ clude, but are not limited to, costs of: is the difference between that which a (1) Transportation of the employee, facility could achieve under 100 percent terial costs, consideration will be given to reasonable overruns, spoilage, or de­ members of his immediate family, and operating time on a one-shift basis less his household and personal effects to the operating interruptions resulting from fective work (unless otherwise provided in any provision of the contract relating new location; time lost for repairs, setups, unsatis­ (2) Finding a new home, such as ad­ factory materials, and other normal to inspection and correction of defec­ delays, and the extent to which the facil­ tive work). These costs are allowable vance trips by employees and spouses to locate living quarters and temporary ity was actually used to meet demands subject, however, to the provisions of during the accounting period. A multiple paragraphs (b) through (e) of this lodging during the transition period; shift basis may be used for evaluation § 1-15.205-22. (3) Closing costs (i.e., brokerage fees, legal fees, appraisal fees, etc.), incident Purposes if it can be shown that this * * ' * * * amount of usage could normally be to the disposition of housing; expected for the type of facility involved. (e) Allowance for all materials, sup­ (4) Other necessary and reasonable plies, and services which are sold or expenses normally incident to reloca­ (4) “Cost of idle facilities or idle transferred between any division, sub­ tion, such as cost of canceling an unex­ capacity” means costs such as mainte­ sidiary, or affiliate of the contractor pired lease, disconnecting or reinstalling nance, repair, housing, rent, and other under a common control shall be on household appliances, and purchase of related costs, e.g., property taxes, insur­ insurance against damages to personal ance, and depreciation. the basis of cost incurred in accordance with this Sùbpart 1-15.2, except that property; (b) The costs of idle facilities are un­when it is the established practice of the (5) Loss on sale of homes; and allowable except to the extent that: transferring organization to price inter­ (б) Acquisition of a home in a new (1) 'Hiey are necessary to meet fluctu­organization transfers of materials, sup­ location (i.e., brokerage fees, legal fees, ations in workload; or plies, and services at other than cost for appraisal fees, etc.).

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5454 RULES AND REGULATIONS

(b) Subject to paragraphs (c) and § 1—15.205—39 Severance pay. ment is specifically excluded by the (d) of this § 1-15.205-25, relocation (a) Severance pay, also commonly re­contract shall be allowable only as de­ costs of the type covered in paragraph preciation or amortization. (a) (1), (2), (3), and (4) of this § 1- ferred to as dismissal wages, is a pay­ ment in addition to regular salaries and (d) Where items are disqualified as 15.205- 25 are allowable, provided: special tooling because with less than (1 ) .The move is for the benefit ofwages, by contractors to workers whose the employer; employment is being terminated. Costs substantial modification or alteration they can be made general purpose, and (2) Reimbursement is in accordance of severance pay are allowable only to the extent that, in each case, it is required .where items of special test equipment with an established policy or practice with relatively minor expense can be consistently followed by the employer, by (1) law, (2) employer-employee agree­ ment, (3) established policy that consti­ made suitable for general purpose use and such policy or practice is designed and have a value as such commensu­ to motivate employees to relocate tutes, in effect, an implied agreement promptly and economically; on the contractor’s part, or (4) circum­ rate with their value as special test equip­ (3) The costs are not otherwise un­ stances of the particular employment. ment, the cost of adapting the items for allowable under the provisions of § 1- ***** use under the contract and the cost of returning them to their prior configura­ 15.205- 33, or any other provision of this 11. Section 1-15.205-40 is revised totion will be allowable. Subpart 1-15.2 (consideration should read as follows: be given to advance understandings, see 12. Section 1-15.205-41 is amended as § 1-15.107, particularly for large scale § 1—15.205—40 Special tooling and spe­ follows: contractor relocation); and cial test equipment costs. (4) Amounts to be reimbursed shall (a) The term “special tooling” means § 1-15.205-41 Taxes. not exceed the employee’s actual (or all jigs, dies, fixtures, molds, patterns, ***** reasonably estimated) expenses. taps, gauges, other equipment and manu­ (b) * * * (c) Costs otherwise allowable under facturing aids, and replacements there­ (2) Takes all action directed by the paragraph (b) of this § 1-15.205-25 are of, which are of such a specialized na­ contracting officer arising out of sub- subject to the following additional ture that, without substantial modifica­ paragraph (1) of this paragraph or an provisions: tion or alteration, their use is limited to independent decision of the Government (1) The transition period for incur­ the development or production of par­ as to the existence of a claim of illegality rence of costs of the type covered in ticular supplies or parts thereof, or the or erroneous assessment, including co­ paragraph (a) (2) of this § 1-15.205-25 performance of particular services. The operation with and for the benefit of the shall be kept to the minimum number of term includes all components of such Government to (i) determine the legality days necessary under the circumstances, items, but does not include : of such assessment, or (ii) secure a re­ but shall not, in any event, exceed a (1) Consumable property; fund of such taxés. cumulative total of 30 days including (2) Special test equipment; or (3) Buildings, nonseverable structures Reasonable costs of any such action un­ advance trip time; dertaken by the contractor at the direc­ (2) Allowance for costs of the type (except foundations and similar im­ provements involving relatively minor tion or with the concurrence of the con­ covered in paragraph (a) (3) of this tracting officer are allowable. Interest § 1-15.205-25 shall not exceed 8 percent expense which are necessary for the in­ stallation of special tooling), general or and penalties incurred by a contractor by of the sales price of the property sold; reason of the nonpayment of any tax and special machine tools, or similar capital Items. at the direction of the contracting officer (3) Where relocation costs incurred (b) The term “special test equipment” or by reason of the failure of the con­ incident to recruitment of a new em­ means electrical, electronic, hydraulic, tracting officer to issue timely direction ployee have been allowed either as an pneumatic, mechanical, or other items, or after prompt request therefor, are also allocable direct or indirect cost and the assemblies of equipment, which are of allowable. newly hired employee resigns for reasons such a specialized nature that, without (c) Any refund of taxes, interest, or within his control within 12 months modification or alteration, the use of such penalties, and any payment to the con­ after hire, the contractor shall be re­ items (if they are to be used separately), tractor of interest thereon, attributable quired to refund or credit such relocation or assemblies is limited to testing in the to taxes, interest, or penalties which were costs to the Government. development or production of particular allowed as contract costs, shall be (d) Costs of the type covered in par­ supplies or parts thereof, or in the per­ credited or paid to the Government in the agraph (a) (3) and (4) of this § 1- formance of particular services. The term manner directed by the Government, 15.205-25 are allowable only in connec­ “special test equipment” includes all provided, any interest actually paid or tion with the relocation of existing em­ components of any assemblies of such credited to a contractor incident to a ployees, and are not allowable for newly equipment, but does not include; refund of tax, interest, or penalty shall recruited employees (see § 1-15.205-33). (1) Consumable property; be paid dr credited to the Government (e) Costs of the type covered in para­ (2) Special tooling; or only to the extent that such interest accrued over the period during which the graph (a) (5) and (6) of this § 1-15.205- (3) Buildings, nonseverable structures 25 are not allowable. contractor had been reimbursed by the (except foundations and similar im­ Government for the taxes, interest, or 9. Section 1-15.205-33 is amended as provements necessary for the installa­ penalties. follows: tion of special test equipment), general or special machine tools, or similar 13. Section 1-15.205-42 is amended as § 1—15.205—33 Recruitment costs. capital items. follows: * * * * # (c) The cost of special tooling and § 1—15.205—42 Termination costs. (d) Where relocation costs incurredspecial test equipment used in the per­ * * * * * formance of 'one or more Government incident to recruitment of a new em­ (f) *■ * * ployee have been allowed, pursuant to contracts is allowable and shall be allo­ (i) The preparation and presentation § 1-15.205-25, either as an allocable cated to the specific Government con­ to contracting officers of settlement direct or indirect cost and the newly tract or contracte for which acquired, claims and supporting data with respect hired employee resigns for reasons with­ except as otherwise provided in this paragraph (c). The cost of items ac­ to the terminated portion of the contract, in his control within 12 months after unless the termination is for the default hire, the contractor shall be required to quired by the contractor prior to the effective date of the contract, or re­ of the contractor (see § 1-8.604(b) (D) I refund or credit such relocation costs and to the Government. placement of such items, whether or not altered or adapted for use in the per­ ***** 10. Section 1-15.205-39 is amended as formance of the contract, or items the 14. Section 1-15.205-43 is amended as follows: acquisition of which by the Govern­ follows:

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 RULES AND REGULATIONS 5455

§ 1-15.205—43 Trade, business, techni­ (v) There exists a contract require­ Subpart 1—15.4— Construction and cal, and professional activity costs. ment for flight testing of equipment. Architect-Engineer Contracts ***** (3) When the need for contractor- § 1—15.401 Definitions. (c) Meetings and conferences. This owned, -leased, or -chartered aircraft item includes cost of meals, transporta­ has been demonstrated, additional fac­ As used in this part, the following terms tion, rental of facilities for meetings, and tors such as the following shall be con­ have the meanings stated: costs incidental thereto, when the pri­ sidered in determining the reasonable­ (a) “Construction” means construc­ mary purpose of the incurrence of such ness of costs: tion, alteration, or repair (including costs is the dissemination of technical (i) Number, type, and size of aircraft dredging, excavating, and painting) of information or stimulation of production. needed (involved in this determination buildings, structures, or other real prop­ Such costs are allowable (see § 1-15.205- are matters such as the number and erty. For purposes of this definition, the 46). physical aspects of locations to which terms “buildings, structures, or other real flights are required, distances to these property” include but are not limited to 15. Section 1-15.205-46 is amended aslocations, number of passengers to be buildings, structures, and improvements follows: carried, and frequency of flights); of all types, such as bridges, dams, plants, § 1-15.205—46 Travel costs. (ii) The appropriateness of the highways, parkways, streets, subways, ***** method of acquisition, i.e., purchase, tunnels, sewers, mains, powerlines, pump­ lease, or charter; and- ing stations, railways, airport facilities, (e) Necessary, reasonable costs of terminals, docks, piers, wharves, ways, family movements and personnel move­ (iii) Whether, when the contractor lighthouses, buoys, jetties, breakwaters, ments of a special or mass nature are al­ has more than one type or size of aircraft, levees, canals, and channels. Construc­ lowable, pursuant to §§ 1-15.205-25 and that available aircraft best suited to the tion does not include the manufacture, 1-15.205-33, subject to allocation on the requirements of each individual trip was production, furnishing, construction, al­ basis of work or time period benefited used. teration, repair, processing, or assem­ when appropriate (see § 1-15.107). (4) Where the need for contractor- bling of vessels, aircraft, or other kinds (f) The difference in cost between owned, -leased, or -chartered aircraft of personal property. first-class air accommodations and less has been demonstrated, optimum use of (b) “Architect-engineer services” than first-class air accommodations is such aircraft, rather tlian scheduled means architectural and/or engineering unallowable except when less than first- commercial service, should be made services related to construction. class accommodations are not reasonably where a cost advantage will result to the (c) “Off-site architect-engineer serv­ available to meet necessary mission re­ Government. ices” means architectural and/or engi­ quirements, such as, where less than neering services performed in the con­ first-class accommodations would: 16. Section 1-15.205-48 is added to read as follows: tractor’s central or branch office. (1) Require circuitous routing; (d) “Job-site architect-engineer serv­ (2) Require travel during unreason­ § 1—15.205—48 Page charges in scien­ ices” means architectural and/or engi­ able hours; tific journals. neering services where performance of (3) Greatly increase the duration of the services requires relatively complete the flight; Page charges for scientific journal pub­ lication are allowable as a necessary part staffing for the contract work (including (4) Result in additional costs which design, engineering, inspection) at office would offset the transportation savings; of research costs, where: or (a) The research papers report work or location other than a central or supported by the Government; branch office of the contractor, and (5) Offer accommodations which are where a minimum of support is required not reasonably adequate for the physical (b) The charges are levied impartially from the contractor’s central or branch or medical needs of the traveler. on all research papers published by the office staff. (g) (1) The cost of “contractor-owned, journal, whether by non-Govemment or -leased, and -chartered aircraft,” as that by Government authors; § 1 —15.402 Basic considerations. phrase is used herein, includes the cost (c) Payment of such charges is in no of lease, charter, operation (including § 1—15.402—1 Applicable cost princi­ sense a condition for acceptance of ples. personnel), maintenance, depreciation, manuscripts by the journal; insurance, and other related costs. This Except as otherwise provided in this cost is allowable, if reasonable, to the ex­ (d) The journals involved are not op­ Subpart 1-15.4, because of the specialized tent the contractor can demonstrate that erated for profit; and nature of construction and architect- the use of such aircraft is necessary for (e) The author does not receive an engineer contracts, the allowability of the conduct of his business and that the emolument from the journal for the re­ costs shall be determined in accordance increase in cost, if any, in comparison search paper. with Subpart 1-15.2 of this Part 1-15, with alternative means of transporta­ 17. Section 1-15.205-49 is added to except to the extent that the provisions tion, is commensurate with the advan­ read as follows: of that subpart are clearly inappropriate tages gained. to such contracts. (2) Some of the factors to consider in § 1—15.205—49 Preservation o f records. determining the necessity for such air­ § 1—15.402—2 Special factors affecting craft are whether : This category pertains to those costs the allowability o f costs. arising from the retention, preservation, The scope of the contract work re­ J p Scheduled commercial airlines or or storage of only those records that are other suitable less costly travel facilities quired may vary from routine projects necessary to the overall operation of the of short duration to be performed within are available at reasonable times, oper­ contractor’s business, including the con­ ate with reasonable frequency, and serve the contractor's central or branch office tract work, as well as costs resulting from locality to the erection of complex facil­ the required destinations conveniently; contractual or statutory requirements for (ii) It is likely that critical or emer­ ities at remote locations over a period of the preservation of necessary records several years. Climate and terrain may gency situations might arise which could after completion or termination of a con­ ot be accommodated as effectively by vary greatly among construction sites. tract and final settlement thereunder. All of these factors involving the nature, scneouied commercial airline or other Such costs generally are allowable. suitable less costly travel facilities; size, duration, and location of a construc­ Usually those costs are allocated as indi­ tion project generally affect the basic (iii) The increased flexibility in sched- rect costs on a current basis to the con­ determination of the Government as to would result in time savings and tract and other work. Normally such the type of contract to be awarded and more effective utilization of key per- costs should not be allocable to a specific the operating practices, techniques, and «UTO 1 6 1 J contract after its completion or termina­ procedures to be employed by the con­ J*afci°nal or industrial security tion and final settlement thereunder. tractor, particularly with respect to the mncfn<*S ,privacy for key personnel who Subpart 1-15.4 is revised to read as incurrence of the selected costs set forth must work en route; and follows: in § 1-15.403. Advance understandings

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5456 RULES AND REGULATIONS

as set 'forth in § 1-15.107 for such items contracts, travel costs of the officers, to paragraphs (b) and (c) of this as central and branch office expenses, proprietors, executives, administrative § 1-15.403-7. travel, compensation for personal serv­ heads, and other employees of the con­ (b) Reimbursement pursuant to par­ ices of executive officers, partners, su­ tractor’s central or branch office orga­ agraph (a) of this § 1-15.403-7, shall be pervisory personnel, employment of con­ nizations concerned with the general in accordance with the principles in this sultants, and equipment usage are par­ management, supervision, and conduct of paragraph (b ). The direct costs of such ticularly important in construction and the contractor’s business, as a whole, are work and an equitable portion of such architect-engineer contracts in order to allowable only to the extent that the indirect costs at the central or branch assure complete understanding of the travel is specifically in connection with office location as are allowable in na­ parties and avoid possible subsequent the contract and is approved by the con­ ture and properly allocable (see § l- disputes or disallowances. tracting officer. 15.201-4) to the work are reimbursable. § 1—15.403 Selected costs. § 1—15.403—5 Bidding and proposal In such cases, the indirect costs attribu­ costs. table to the performance at a central or § 1—15.403—1 Job-site expenses. branch office location of work related Costs incurred at the job-site incident Bidding and proposal costs are un­ directly and solely to individual contracts to the performance of the work, such as allowable with respect to construction or shall be distinguished with care from the cost of superintendence, time-keep­ job-site architect-engineer contracts. general and administrative expenses in­ ing and clerical work, engineering, in­ § 1—15.403—6 Special funds in the con­ curred by the contractor’s central or spection, utility costs, supplies, material struction industry. branch offices in the general manage­ handling, restoration, and cleanup, are ment, supervision, and conduct of its allowable. There should be an advance Costs of special funds (or industry ad­ business, since the latter general admin­ understanding (see §1-15.107) on the vancement funds), financed by employer istrative expenses are usually compen­ salaries (or salary ranges), by category contributions in the construction indus­ sated for through fee and, in any event, of job, for all annual salaried personnel try for such purposes as methods and where allowable in nature, are related to be employed on the contract. materials research, public and industry and allocable to all work under the relations, market development, "disaster supervision of the office concerned. § 1—15.403—2 Temporary use of land, relief, and contract standardization, are (c) Wheré an officer, proprietor, part­ structures, and facilities. unallowable except to the extent that the ner, administrative head, responsible contractor demonstrates that some or all supervising representative, or other ex­ (a) Rental and any other costs, less of such activities benefit the contract any applicable credits, incurred in ac­ ecutive of the contractor participates work and are approved by the contracting directly in the performance of any of quiring the temporary use of land, struc­ officer. tures, and facilities are allowable; the following contract activities: (b) Costs, less any applicable credits, § 1—15.403—7 Central or branch office (1) Topographical or other field sur­ incurred in the construction or fabrica­ expenses. veys, the preparation of topographic tion of structures and facilities of a tem­ maps, test borings, and other subsur­ porary nature are allowable. (a) Under construction and job-siteface investigations; architect-engineer contracts (see § 1-15.- (2) Inspection of construction work § 1—15.403—3 Field personnel. 401 (a) and (d) ), the extent to which a at the site; or contractor utilizes his central or branch (3) Services such as inspecting ma­ When the services of personnel as­ office organization for the performance terial and equipment at vendors’ plants, signed to continuous field duty are neces­ of general, administrative, and manage­ expediting (when not covered by a sep­ sary for the contract work, gener­ ment functions applicable to individual arate procurement fee), and checking ally their allowable salaries or wages Government construction projects is or expediting shop drawings at vendors’ chargeable to the contract should not be usually dependent upon the geographical plants; he may be compensated for the burdened with all of the allowable in­ location of the job-site in relation to the time actually so engaged. The rate of direct costs of the contractor’s central contractor’s central or branch office, the compensation and related expenses to or branch office. Usually the allocable in­ magnitude and duration of the project, be reimbursed for such work, including direct costs should be limited to the di­ and related factors. Under the types of the allocation of central or branch of­ rectly related payroll costs or fringe construction or job-site architect-engi­ fice expenses, if any, shall be subject to benefits for such field personnel, such as neer projects commonly awarded on a approval by the contracting officer and social security, vacation, sick leave, and cost-reimbursement type contract basis, shall be commensurate with the cost of insurance premiums. Any other indirect most general, administrative, manage­ employing another qualified person to costs allocable to the contract for such ment, and other indirect cost functions do the particular work, but the salary personnel should cover only the actual are usually performed at the job-site portion of such compensation should or estimated cost of specific essential rather than at the contractor’s central or not exceed the actual salary rate of the services or supplies provided for such branch office. Other minor or incidental individual concerned. personnel by the contractor’s central or services otherwise provided are consid­ branch office, which services or supplies Subpart 1-15.5 is added to read as ered to be compensated for in the fixed follows: are not duplicated in the field, and which fee. Accordingly, expenses incurred in, or otherwise would have to be performed or generated by, the contractor’s central or Subparf 1—15.5— Contracts for procured in the field.— branch office, such as compensation for Industrial Facilities § 1—15.403—4 Travel costs. personal services (and related expenses) of executive officers or administrative § 1—15.501 Definitions. Travel costs include the actual cost of staff or travel, are not allowable under For the purposes of this subpart, the travel of persons (employees and, if au­ cost-reimbursement type construction terms listed below have the following thorized by the contracting officer, their and job-site architect-engineer contracts meanings: dependents) and subsistence incident to except to the extent authorized by the (a) “Facilities” means Industrial such travel, and transportation of per­ contract, or specifically approved by the property (other than material, special sonal household goods and effects, in contracting officer as being essential to tooling, military property, and special amounts not exceeding such limits as the job-site work and not duplicated test equipment) for production, m ain­ may be prescribed by the contracting there. For example, where services or ex­ tenance, research, development, or test, officer (see §§ 1-15.205-25, 1-15.205-33, penses of a type normally performed or including real property and rights there­ and 1-15.205-46). The cost of transporta­ incurred at the job-site in support of the in, buildings, structures, improvements, tion between living quarters and the site contract work are, by reason of a partic­ and plant equipment. * of the construction project of persons ular contractor’s greater centralization (b) “Facilities contract” means a employed at such site is not allowable performed, incurred, or accounted for at contract under which Government fa­ unless specifically approved by the con­ or by the contractor’s central or branch cilities, and occasionally special tooling tracting officer. With respect to con­ office rather than at the job-site, such and special test equipment, are provided struction or job-site architect-engineer expenses may be reimbursed, subject to a contractor or a subcontractor by the

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 RULES AND REGULATIONS 5457

Government for use in connection with (2) The purchase of completed facili­ manufacturing processes, the indirect the performance of a separate contract ties from outside sources, installation costs normally allocated to all such or contracts for supplies or services. to be accomplished by the contractor’s work may be allocated to the facilities own employees; contract. § 1-15.502 Basic considerations. (3) Rehabilitation of existing facili­ § 1—15.502—4 General and administra­ § 1-15.502-1 Applicable cost principles. ties by the contractor’s own employees; tive costs (including central and Except as otherwise provided in this or (4) Construction or manufacture of branch office allocations). subpart, the allowability of cost will be General and administrative costs con­ determined in accordance with Sub­ facilities by the contractor from pur­ chased components.. sist of items of cost attributable to the part 1—15.2, 1-15.3, or 1-15.4 of this overall management, supervision, and Part 1-15, as appropriate. Guidelines for the allocation o f indirect conduct of the business. Such costs in § 1-15.502-2 Factors affecting allow­ costs in these particular circumstances connection with the acquisition of, or ability of costs. are set forth in paragraphs (b) through work, on industrial facilities shall be al­ (d) of this § 1-15.502. A contractor’s established accounting lowed only when and to the extent spe­ (b) The purchase of facilities, or cifically provided for in the contract. In system and procedures are normally services in connection therewith, from directed to the equitable allocation of allocating general and administrative outside sources on a completed basis costs, consideration should be given to costs to the types of products which he does not involve the contractor’s direct produces or services which he renders (a) all work to which such costs are com­ labor or indirect plant maintenance mon, including acquisition of, or work in the course of his normal operating personnel. Accordingly, indirect manu­ activities. The acquisition of, or work on, facilities by the contractor for his facturing and plant overhead costs own account, and (b) any difference in on, facilities for the Government nor­ which are primarily incurred or gener­ mally does not involve the manufac­ the amount of administrative effort ex­ ated by reason of direct labor or main­ pended by the contractor on his various turing processes, plant departmental tenance labor operations are not operations, cost patterns of work, ad­ activities, such as between production allocable to the acquisition of such and fixed asset improvement programs or ministrative and managerial control, or facilities. clerical effort usual to production of the between the acquisition of facilities by (c) Contracts providing for the in­ purchase and by construction or manu­ contractor’s normal products or services. stallation of new facilities or the reha­ These operating and administrative dif­ facture. However, in no event will prices bilitation of existing facilities may charged pursuant to § 1-15.502-5 be in­ ferences affect the equitable allocation involve the use of the contractor’s plant of indirect costs to f acility contracts and creased by the allocation of additional maintenance labor, as distinguished general and administrative costs. make It desirable that advance under­ from direct labor engaged in the pro­ standings, as provided in § 1-15.107, be duction of the company’s normal prod­ § 1—15.502—5 Contractor’s commercial agreed to between the contractor and ucts. In such instances, only those types products. the contracting officer as to such indirect of indirect manufacturing and plant cost items to be applied to the facilities If facilities which constitute the con­ operating costs that are related to or tractor’s usual commercial products (or acquisition. A contractor’s normal ac­ incurred by reason of the expenditure counting practice for allocating indirect only minor modifications thereof) are of the classes of labor utilized-for the acquired by the Government under the costs to the acquisition of his own facili­ performance of the facilities work may ties may range from charging all such contract, the Government shall not pay be allocated to the facilities work. Thus, any amount in excess of the contractor’s costs to this acquisition, to not charging a facilities contract which involves the any such costs thereto. Where necessary most favored customer price or the price aise of plant maintenance labor only of other suppliers for like quantities of to produce an equitable result, the con­ would not be subject to an allocation of tractor’s usual method, of allocating the same, or substantially the same items, such cost items as direct productive whichever is lower. indirect cost will be varied and appro­ labor supervision, depreciation, and priate adjustment will be made to the maintenance expense applicable to pro­ (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) pools of indirect cost and the bases of ductive machinery and equipment, or Effective date. This amendment is ef­ their distribution. raw material and finished goods storage fective June 1,1968, but may be observed § 1-15.502—3 A llo c a tio n o f indirect costs. earlier. manufacturing and plant operational (d) Where a facilities contract calls Dated: April 2, 1968. cost. for the construction, production, or re­ (a) Facilities contracts may involve: habilitation of equipment or other items L a w s o n B. K n o t t , Jr., (1) The purchase of facilities, or which are involved in the regular course Administrator of General Services. services in connection therewith, on a of the contractor’s business by the use [F.R. Doc. 68-4138; Filed, Apr. 5, 1968; completed basis from outside sources; of the contractor’s direct labor and 8 :4 6 a.m .]

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5458

Proposed Rule Making

notice in the F ederal R egister. No hear­ PA 32-260 airplanes, Serial Numbers 32- DEPARTMENT DF THE TREASURY ing will be held. 04, 32-1 through 32-14, and 32—16 through 32-853; Models PA 32-300 and Bureau of Customs [ seal] J oseph M. B owman, Assistant Secretary of the Treasury. PA 32S-300 airplanes, Serial Numbers [ 19 CFR Part 1 1 M arch 29, 1968. 32-15 and 32-40000 through 32-40265.” [F.R. Doc. 68-4168; Filed, Apr. 5, 1968; Revise Service Bulletin number in RICHMOND-PETERSBURG CUSTOMS 8 :4 8 a.m .] paragraph (a) to read “Service Bulletin PORT OF ENTRY No. 249 or later FAA approved revision.” Issued in East Point, Ga., on March 27, Consolidation of Ports and Estab­ DEPARTMENT OF 1968. lishment of Boundaries G o r d o n A. W il l ia m s , Jr., Acting Director, Southern Region. It has been determined that Customs TRANSPORTATION [FJR. Doc. 68—4148; Filed, Apr. 5, 1968; service can be more economically and Federal Aviation Administration efficiently provided by the consolidation 8 :4 6 a.m .] into a single port of entry the existing [1 4 CFR Part 391 ports at Richmond and Petersburg, Va., [Docket No. 68-SO-20] [1 4 CFR Part 39 ] and by establishing boundaries for that port which would include, in addition to AIRWORTHINESS DIRECTIVE [Docket No. 68—EA-22] the territories of the two ports, certain Piper PA—28 and PA—32 Series AIRWORTHINESS DIRECTIVE adjacent areasTThis consolidation would Airplanes Pratt & Whitney Aircraft Engine in no way adversely affect service to Amendment 39-480, 32 F.R. 13182, AD the importing and traveling public, and 67-26-2 requires modifications to be The Federal Aviation Administration would allow for savings in cost through is considering amending § 39.13 of Part better utilization of personnel and con­ made to the fuel system on Piper PA-28 and PA-32 series airplanes. After issuing 39 of the Federal Aviation Regulations solidation of administrative and opera­ so as to require altering certain num­ tional functions. The larger geographical Amendment 39-480, the agency deter­ mined that the serial number effectivity bered diffuser case assemblies on the area would better serve the importing Pratt & Whitney JT4A. engines . and traveling public. should be expanded to cover additional aircraft not now included in the air­ There have been incidents when the Accordingly, notice is hereby given worthiness directive. 15th stage compressor rotor blades in that under the authority vested in the Therefore, the agency is considering the high compressor have penetrated the President by section 1 of the Act of amending Amendment 39-480 to extend diffuser case. Since this condition is likely August 1, 1914, 38 Stat. 623 (19 U.S.C. 2), requirements of the airworthiness di­ to exist or develop in other engines of the which was delegated to the Secretary of rective to other serial numbers of the same type design, the proposed Air­ the Treasury by the President by Execu­ same model. worthiness Directive would require an tive Order No. 10289, September 17, 1951 Interested persons are invited to partic­ alteration of the affected diffuser as­ (3 CPR Ch. II), and pursuant to author­ ipate in the making of the proposed rule semblies on JT4A engines. ization given to me by Treasury Depart­ by submitting such written data, views, Interested persons are invited to parti­ ment Order No. 190, Rev. 4 (30 F.R. or arguments as they may desire. Com­ cipate in the making of the proposed rule 15769), it is proposed to revoke the desig­ munications should identify the docket by submitting written data and views. nation of Richmond and Petersburg as number and be submitted in duplicate to Communications should identify the doc­ ports of entry in the Norfolk, Va., Cus­ the Federal Aviation Administration, ket number and be submitted in dupli­ toms district (Region HE), and simulta­ Office of the Regional Counsel, Atten­ cate to the Office of Regional Counsel, neously establish a new port of entry to tion : Rules Docket, Post Office Box 20636, FAA, Federal Building, John F. Kennedy be known as “Richmond-Petersburg” in Atlanta, Ga. 30320. All communications International Airport, Jamaica, N.Y. the Norfolk, Va., Customs district 11430. All communications Received received within 30 days after publication within 30 days after publication in the (Region HI). in the F ederal R e g ist e r will be con­ Further, it is proposed to establish the F ederal R e g is t e r will be considered be­ sidered by the Administrator before tak­ fore taking action upon the proposed boundaries of the new Richmond-Peters­ ing action upon the proposed rule. The burg port of entry to include all of the rule. The proposals contained in this proposals contained in this notice may notice may be changed in light of com­ territory within the counties of Henrico, be changed in the light of comments Chesterfield, and Prince George in the ments received. All comments will be received. All comments will be available, available in the Office of Regional Coim- State of Virginia, and that portion of the both before and after the closing date James River lying in Charles City sel for examination by interested parties. for comments in the Rules Docket for In consideration of the foregoing, it is County, Va., adjacent to the northern examination by interested persons. boundary of Prince George County, Va., proposed to issue a new airworthiness The amendment is proposed under the directive as hereinafter set forth. and to the eastern boundary of Chester­ authority of sections 313(a), 601, and field County, Va. 603 of the Federal Aviation Act of 1958 Amend § 39.13 of Part 39 of the Fed­ It is further proposed to amend § 1.2 (49 U.S.C. 1354(a), 1421, 1423). eral Aviation Regulations so as to add a (c) (19 CFR 1.2(c)), to reflect all of In consideration of the foregoing, it new Airworthiness Directive described the above-mentioned changes. is proposed to amend § 39.13 of Part 39 as follows: Data, views, or arguments with respect of the Federal Aviation Regulations, Pratt & W h itney. Applies to all Model JT4A Amendment 39-480, 32 F.R. 13182, AD Series Turbojet Engines. to this proposal may be addressed to the Compliance required as indicated unless Commissioner of Customs, Washington, 67-26-2 by expanding the serial numbers affected to include additional airplanes previously accomplished: D.C. 20226. To insure consideration of To preclude penetration of the diffuser as follows: case in the event of a high compressor row such communications, they must be re­ Revise paragraph (a) to read: “On blade failure, accomplish the following: ceived in the Bureau not later than 30 Model PA-28-235 airplanes, Serial Num­ Within the next 11,000 hours’ time in serv­ days from the date of publication of this bers 28-10001 through 28-10985; Model ice after the effective date of this AD, rewo

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 PROPOSED RULE MAKING 5459 all P/N’s 361176, 397231, .419006, 406242, 3. Revoke V-462 airway from Hough­ This amendment is proposed under the 429614, 447328, and 450862 diffuser case as­ ton to Whitefish, to Sault Ste. Marie. authority of section 307(a) of the Fed­ semblies in accordance with. Pratt & Whitney 4. Revoke V-470 airway between Mar­ eral Aviation Act of 1958 (49 U.S.C. 1348). Aircraft Turbojet Engine Service Bulletin No. 1033 dated September 8, 1965, and F A A -A p - quette and Whitefish. Issued in Washington, D.C., on March proved revisions or an equivalent modifica­ A study conducted by the FAA has 29,1968. tion approved by the Chief, Engineering and indicated that the Whitefish VORTAC H . B . H e l s t r o m , Manufacturing Branch, FAA Eastern Region. which is used for en route purposes only Chief, Airspace and Air (Secs. 313(a), 601, 603, Federal Aviation Act can be eliminated and the operational Traffic Rules Division. of 1958, 49 U..S.C. 135 4 (a ), 144, 1423) environment between Lakehead, Sault [F.R. Doc. 68-4151; Filed, Apr. 5, 1968; Jssued in Jamaica, N.Y., on March 29, Ste. Marie, and Marquette be enhanced 8 :4 7 a.m.] by the airspace actions proposed herein. 1968. The proposed actions would permit the W a y n e H e n d e r s h o t , Acting Director, Eastern Region. decommissioning of this facility, solve a maintenance problem and result in a FEDERAL TRADE COMMISSION [P.R. Doc. 68-4149; Filed, Apr. 5, 1968; substantial saving in recurring costs. 8 :4 6 a.m.] These amendments are proposed un­ [1 6 CFR Part 303 1 der the authority of section 307 (a) of the TEXTILE FIBER PRODUCTS [1 4 CFR Part 71 1 Federal Aviation Act of 1958 (49 U.S.C. IDENTIFICATION [Airspace Docket No. 68—CE-17] 1348). Application for Generic Name for FEDERAL AIRWAYS Issued in Washington, D.C., on March 28,1968. Manufactured Fiber XFE Proposed Alteration, Extension and T. M cC o r m a c k ,- The Rohm and Haas Co., Philadelphia, Revocation Acting Chief, Airspace and Pa. 19105, has filed an application with Air Traffic Rules Division. The Federal Aviation Administration the Federal Trade Commission for the is considering amendments to Part 71 [FJR. Doc. 68-4150; Filed, Apr. 5, 1968; establishment of a generic name for a of the Federal Aviation Regulations that 8 :4 6 a jn .] manufactured fiber produced by said ap­ would realign and revoke segments of plicant and has submitted certain sup­ VOR Federal airway No. 300; extend porting documents in connection there­ with. The application dated January 26, VOR Federal airway No. 316 and revoke E l 4 CFR Part 71 1 segments of VOR Federal airway Nos. 1967, as modified by document dated 462 and 470. [Airspace Docket No. 68—WE—18] February 15, 1967, and as further modi­ fied by document dated July 28, 1967, Interested persons may participate in VOR FEDERAL AIRWAY the proposed rule making by submitting has been placed in the public record in such written data, views, or arguments Proposed Extension this proceeding together with all perti­ as they may desire. Communications nent documents submitted by the The Federal Aviation Administration applicant. should identify the airspace docket is considering an amendment to Part 71 number and be submitted in triplicate Pursuant to the provisions of 16 of the Federal Aviation Regulations that CFR 303.8 (Rule 8 of the rules and regu­ to the Director, Central Region, Atten­ would extend VOR Federal airway No. tion: Chief, Air Traffic Division, Federal lations under the Textile Fiber Products 112 from Spokane, Wash., direct to Kim­ Identification Act) the Commission has Aviation Administration, Federal Build­ berley, British Columbia, excluding the ing, 601 East 12th Street, Kansas City, assigned the symbol RH-0002 for tem­ portion within Canada. The airway floor porary use by the applicant in desig­ Mo. 64106. All communications received for this proposed airway segment would within 30 days after publication of this nating the subject fiber pending further be designated from Spokane 47 miles consideration of such application. notice in the F ederal R e g is t e r will be 1,200 feet AGL thence 10,500 feet MSL considered before action is taken on the to the United States/Canadian border. The application states in pertinent proposed amendments. The proposals This extended airway segment would part: contained in this notice may be changed provide a route with controlled airspace The Rohm and Haas Co., a Delaware in the light of comments received. for instrument flight rule air traffic op­ corporation, with its executive offices lo­ An official docket will be available fo: erating between Spokane and Kimberley. cated at Independence Mall West, Philadel­ examination by interested persons at th< phia, Pa. 19105, herewith respectfully requests Federal Aviation Administration, Offici Interested persons may participate in the establishment of a generic name which of the General Counsel, Attention: Rules the proposed rule making by submitting can be used to describe its experimental Docket, 800 Independence Avenue SW. such written data, views, or arguments fiber designated as XFE. This application is Washington, D.C. 20590. An informs, as they may desire. Communications made pursuant to the requirement of the should identify the airspace docket num­ Textile Fiber Products Identification Act docket also will be available for exam­ and in compliance with the rules and regu­ ination at the office of the Regional Ai: ber and be submitted in triplicate to the lations promulgated under that Act on March Traffic Division Chief. Director, Western Region, Attention: 3, 1960, as amended March 13, 1966. The Federal Aviation Administratioi Chief, Air Traffic Division, Federal Avia­ In support of and in explanation of its is considering the following airspace tion Administration, 5651 West Man­ application, the Rohm and Haas Co. submits actions: chester Avenue, Post Office Box 90007, the following information as prescribed 1. Realign V-300 segment from Saul Airport Station, Los Angeles, Calif. under Rule 8 of the rules and regulations: ote. Marie, Mich., direct to Lakehead 90009. All communications received A. Reasons why the existing generic names Ontario, Canada, with a 1,200-foot AG1 within 30 days after publication of this do not apply to XFE. XFE is an elastomeric floor, excluding the portion withii notice in the F ederal R e g is t e r will be fiber. The fiber forming substance is a oanada. Revoke V-300 north alternate considered before action is taken on the copolymer containing butyl acrylate and segment from Sault Ste. Marie to White proposed amendment. The proposal con­ other mono-unsaturated monomers. Under Ash, Mich. the criteria for distinctive nomenclature tained in this notice may be changed evolved by the Commission and confirmed in 2. Extend V-316 from Sault Ste. Marie in the light of comments received. its latest rulings, a new generic term should mrectMarquette, Mich., direct Hough An official docket will be available for be established for this class of fibers under on, Mich., direct to Lakehead, excludini examination by interested persons at the the provisions of the Textile Fiber Products e airspace within Canada. The airwa; Federal Aviation Administration, Office Identification Act. Mechanical or physical would be designated from th' of the General Counsel, Attention: Rules criteria as a basis for classification have been emphaticaUy rejected by the Commission. w a States/Canadian border 1,20' Docket, 800 Independence Avenue SW., Only on such a basis could XFE be brought ieet AGL Houghton, 1,200 feet AG1 Washington, D.C. 20590. An informal within the definition of rubber. XFE is not f£ fqS e’ 1,200 feet AGL 15 mfies, 4,00 docket also will be available for examina­ derived in any part from diene monomers. feet MSL 100 miles; thence 1,200 fee tion at the office of the Regional Air No matter how the chemical composition agl to Sault Ste. Marie Traffic Division Chief. of the fiber forming substance of XFE is de-

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 No. 68- 5460 PROPOSED RULE MAKING

scribed, the description would not bring We are presently engaged in small scale The institution of the instant rule XPE within any existing generic category. evaluation programs with 26 leading textile making proceeding is not to be construed Generally the Commission has accepted as companies representing a broad range of the chemical characterization either the interests in the industry. These companies as a determination by the Commission as functional chemical elements such as amides, have entered into confidential disclosure to the merits of the application. dienes, urethanes or the specific monomers agreements with us. Their experience with Issued: April 3, 1968. from which the polymeric fiber forming sub­ the fiber and their evaluation of it should stance is made, e.g., acrylonitrile, vinyl alco­ enable us to estimate with reasonable ac­ By the Commission. hol, vinylidene dinitrile. The distinctive and curacy the potential market for this prod­ substantially definitive chemical fact about uct and the size of the facility ultimately [ s e a l ] J o s e p h W. S hea, XFE is that its primary fiber forming sub­ needed to supply it. The initial response Secretary. stance is one or more acrylic acid esters. It has been favorable and encouraging. [F.R. Doc. 68-4152; Filed, Apr. 5, lQ^1 is as unique and distinctive as vinyon (vinyl Substantial “handling” of the fiber 8 :4 7 a.m.] chloride), acrylic (acrylonitrile), saran (vi­ throughout the segments of the American nylidene chloride). textile industry likely to be interested in it That acrylic esters provide a distinction awaits only the issuance of a generic term amounting to a substantial difference is by the Commission or a manufacturer’s demonstrated by the generally recognized identification number which will enable us POST OFFICE DEPARTMENT fact that polymers based on such esters have to move the fiber in substantial quantities chemical properties distinctly different from in accordance with the requirements of the [ 39 CFR Part 135 1 the polymers described in existing generic Textile Fiber Products Identification Act. fibers. That polymers based on acrylic esters FOURTH-CLASS MAIL impart unique properties to elastomers in Pursuant to the provisions of section 4 which they are employed is also generally of the Administrative Procedure Act and Notice of Proposed Reformation of recognized. in consideration of the aforesaid applica­ Rates of Postage B. Chemical composition of XFE. The fiber tion by The Rohm and Haas Co. for a forming substance is a copolymer containing generic name for its manufactured fiber The Postmaster General intends to file butyl acrylate and other mono-unsaturated which application is a matter of public a request with the Interstate Commerce monomers. The butyl acrylate comprises 80 record in this proceeding, notice is hereby Commission to increase the rates of to 90 percent of the fiber forming substance given to all interested parties that the postage on fourth-class parcel post and with other mono-unsaturated monomers catalogs pursuant to section 4558 of Title constituting the balance of the fiber forming Federal Trade Commission will on the 21st day of May 1968, at 10 a.m., e.d.t., 39 United States Code. copolymer. The fiber forming copolymer com­ The projected request is predicated prises approximately 70 percent of the fin­ at Room 7312, 1101 Building, 1101 Penn­ ished fiber, the balance consisting of a halo- sylvania Avenue NW., in ,the city of upon data available to the Department -genated vinyl filler, Ti02 and dye additives Washington, District of Columbia, give indicating that as a continuing situation and minor compounding agents. consideration to the above application the revenue from the fourth-class mail C. Proopsed generic term and definition. and to the necessity of an amendment to service is less than the cost of the service (1) We propose any one of the following by reason of the existing rates of postage generic terms in the order of our preference: § 303.7 (Rule 7) of Part 303 of the rules and regulations under the Textile Fiber on fourth-class parcel post and catalogs. Acrylastic. Krylate. Products Identification Act. Data available to the Post Office Depart­ ACrylast. Emcryl. Interested parties may participate by ment concerning the revenues derived from and the-cost of handling, transport­ (2) A manufactured elastomeric fiber insubmitting in writing on or before such which the fiber forming substance is any long date, their views, arguments, or other ing, and delivering the parcel post and chain synthetic polymer composed of at least pertinent data to the Federal Trade catalog classifications of fourth-class 75 percent by weight of at least one acrylate Commission, Washington, D.C. 20580 or mail for the fiscal year 1967, adjusted to ester and up to 25 percent by weight of other they may be given orally at such time. reflect currently authorized changes in mono-unsaturated monomers. revenues and accrued costs, indicate that D. Additional pertinent information. (1) Any party wishing to submit further views, arguments, or data in response to the revenue deficiency attributable to (omitted pursuant to February 15, 1967, re­ such fourth-class mail amounts to ap­ vision of application). that submitted as a result of this notice or at the hearing may do so in writing proximately $95 million annually and (2) Attached hereto and made a part that present rates of postage for zone- hereof is a bound notebook containing: at any time within 30 days after such hearing is closed. rate fourth-class mail are such that the i. Samples of the XFE fiber; deficiency will be a continuing one unless ii. Samples of yarn, cloth and fabric con­ Such action is taken pursuant to the the rates of postage are increased. taining XFE fiber; authority given to the Federal Trade Although the procedures of the De­ iii. Samples illustrating the results of Commission under section 7(c) of the partment in effecting changes in rates of comparative tests (as set forth in the cap­ Textile Fiber Products Identification Act postage for fourth-class mail do not come tions to the various exhibits) reflecting the (72 Stat. 1717; 15 U.S.C. 70) “to make within the rule making requirement of performance under the conditions of test such rules and regulations, including the of cloth and fabric based on XFE as com­ section 553 of Title 5, United States Code, pared with fabrics and cloths based on other establishment of generic names of manu­ the Postmaster General desires to afford elastomeric fibers. factured fibers, under and in pursuance interested persons an opportunity to pre­ (3) U.S. Patent Application covering the of the terms of this Act as may be neces­ sent data, views, or arguments for con­ composition of the fiber. The Serial No. of sary and proper for administration and sideration by the Department in its for­ this application is 372.476. enforcement." mulation of specific increases in rates of E. Earliest possible marketing date. Lim ­ The matters to be considered are an postage for fourth-class mail, to be sub­ ited test marketing to the consumer is examination of the aforesaid application mitted to the Interstate Commerce Com­ planned for late ’67 or early ’68. This will for a separate generic name for the mission. consist of a promotional program on specific manufactured fiber for the purpose of Accordingly, notice is hereby given that * garments. XFE fibers have been shipped in ascertaining whether or not the manu­ interstate commerce in non-commercial (1) available information with respect to quantities for experimental evaluation. factured fiber which is the subject of the the basis and need for such reformations The full scale marketing of XFE on a application may properly be designated may be obtained from the Assistant Post­ regular commercial basis is dependent upon by any existing generic name or names master General, Bureau of Finance and the completion of adequate manufacturing as contained in § 303.7 (Rule 7) of Part Administration, Post Office Department, facilities to supply the expected market. The 303, rules and regulations under the Washington, D.C. 20260, upon request; existing pilot plant has a capacity of ap­ Textile Fiber Products Identification Act (2) interested persons may subm it in proximately 15,000 pounds per year of fiber. and for the further purpose of amend­ writing to such Assistant Postm aster This facility is in production and we are ing § 303.7 (Rule 7) to provide for an building up an inventory of fiber. We are General at any time prior to the 30th day currently expanding these facilities to an appropriate generic name and definition following the date of publication of this estimated capacity of approximately 100,000 for such fiber in accordance with the notice in the F ederal R eg ist er , data, pounds per year. Our present plans call for provisions of section 7(c) of the Textile views, or arguments for consideration by a one-million pound plus facility in opera­ Fiber Products, Identification Act if it is the Department in formulating specific tion early in 1969i determined to be necessary and proper. proposals for increases in rates of postage

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 for fourth-class mail; and (3) represent­ ments shall be furnished for the use of S c h e d u l e o f P r o p o s e d B a t e s o p P o s t a g e o n P a r c e l P o s t S u b j e c t t o Z o n e B a t e s —C on tin u ed atives of the Post Office Department will the Department. CENTS PER PARCEL be available for informal conference with Based on presently available informa­ respect to such reformations on May 17, tion, the tentative proposals of the Post Zones 1968, at 9:30 a.m. in Room 7134, Post Office Department for the reformation of exceeding (pounds) Office Department, 12th and Pennsyl­ rates of postage of fourth-class mail are Local 1 and 2 8 4 5 6 7 8 vania Avenue NW., Washington, D.C., at as follows: which time interested persons will be af­ 1. Schedule of rates of postage on par­ 49. 1.45 2.70 3.15 3.95 5.10 6.30 7.80 9.15 forded an opportunity to submit orally, 1.45 2.75 3.20 4.05 5.20 6.40 7.95 9.30 cel post subject to zone rates in lieu of 51 ___ 1.45 2.75 3.25 4:10 5.25 6.50 8.10 9.45 data, views, or arguments for considera­ 52 ' ...... 1.50 2.80 3.30 4.15 5.35 6.60 8.20 9.65 tion by the Department. the schedule of rates contained in sec­ Sa _____ 1.50 2.85 3.35 4.20 5.45 6.75 8.35 9.80 The original and 11 copies of any docu­ tion 4556(a) of Title 39, United States JU ______1.55 2.85 3.40 4.25 5.50 6.85 8.50 9.95 55 - -...... L 55 2.90 3.45 4.35 5.60 6.95 8.60 10.10 ment containing data, views, or argu­ Code. 56. 1.55 2.95 3.50 4.40 5.65 7.05 8.75 10.25 57 1.60 2.95. 3.55 4.45 5.75 7.15 8.85 10.45 Schedule of Proposed Rates of Postage on Parcel Post Subject to Zone Rates SS __ . . 1.60 3.00 3.60 4.50 5.85 7.30 9.00 10.60 59 . _____ 1.65 3.05 3.60 4.55 6.90 7.40 9.15 10.75 60. 1.65 3.05 3.65 4.65 6.00 7.50 9.25 10.90 61. 1.65 3.10 3.70 4.70 6.05 7.60 9.40 11.05 62 L 70 3.10 3.75 4.75 6.15 7.70 9.50 11.25 63 ______1.70 3.15 3.80 4.80 6.25 7.85 9.65 11.40 64 • . ______1.75 3.20 3.85 4.85 6.30 7.95 9.80 11.55 65. 1.75 3.20 3.90 4.96 6.40 8.06 9.90 11.70 66. 1.75 3.25 3.95 5.00 6.45 8.15 10.05 11.85 67 1.80 3.30 4.00 5.05 6.55 8.25 10.15 12.05 68___ 1.80 3.30 4.05 5.10 6.65 8.40 10.30 12.20 69. 1.85 3.35 4.10 5.15 6.70 8.50 10.45 12.35 70. 1.85 3.40 4.15 5.25 6.80 8.60 10.55 12.50 PROPOSED RULE MAKING MAKING RULE PROPOSED

R ates for B ulk Mailings of Separately A ddressed 2. Proposed rates of postage on fourth- Identical Pieces in Quantities of N ot L ess T han class catalogs as defined in section 4557 300 Mailed at One T ime of Title 39 United States Code (catalogs having 24 or more pages at least 22 of Piece Bulk which are printed, weighing 16 ounces or Bulk rate rate pound more but not exceeding 10 pounds.) rate a. Schedule of rates for bulk mailings Cents Cents of identical pieces in quantities of not 21 2.5 less than 300 pieces under conditions 25 3.6 3...... 25 4.2 prescribed in or pursuant to section 4557 4 ...... 25 5.2 5 ...... 25 6.3 (b) of Title 39 United States Code in lieu 6...... 25 7.7 7 ...... 25 9.3 of the schedule of rates therein 8...... 1...... ;... 26 11.0 contained. b. Schedule of rates for individual piece mailings in lieu of the schedule of rates ih section 4557 (a) of Title 39 United States Code. Single .Piece R ates for Individual Mailings of Catalogs

Zones

Local 1 and 2 3 4 5 6 7 8

1 5 $0.28 $0.34 $0.35 $0.36 $0.38 $0.40 $0.42 $0.46 2...... : ...... 29 .36 .37 .39 .41 .44 .47 .51 .31 .37 .39 ,41 .44 .48 .62 .57 3 .32 .39 .41 .44 .47 .52 .56 .62 3 3 .33 .41 .43 .47 .61 .55 .61 .68 4 --- .34 .43 .45 .49 .54 .69 .66 .73 4.5...... 36 .45 .47 .52 .57 .63 .70 .78 .37 .46 .49 .54 .60 .67 .75 .84 3 .39 .50 .54 .60 .66 .75 .84 .95 7 . ______.42 .54 .58 .65 .73 .82 .94 1.06 .44 .57 .62 .70 .79 ,90 1.03 1.17 9 .47 .61 .66 .75 .85 ;98 1.12 1.28 .49 .64 .70 .80 .91 1.05 1.21 L39 5461

FEDERAL REGISTER, VOL. 33, 68— SATURDAY, APRIL 6, 1968 5462 PROPOSED RULE MAKING

(5 U.S.C. 301, 39 U.S.C. 501) Score Sheet T i m o t h y J . M a y , 52.391 Score sheet. A p r il 2« 1968. General Counsel. Authority: §§ 52.381 to 52.391 issued un­ [F.R. Doc. 68-4124; Filed,, Apr. 5, 1968; 8:45 a.m.] der sec. 203, 60 Stat. 1087, as amended- 7 U.S.C. 1622.

The new concept would incorporate P r o d u c t D e s c r ip t io n and S tyles DEPARTMENT OF AGRICULTURE the following changes in standardization format and context: § 52.381 Product description. Consumer and Marketing Service (1) The current quality factors (such Frozen asparagus consists of sound as “color”, “uniformity of length”, “ ab­ and succulent fresh shoots of the aspara­ [ 7 CFR Part 52 ] sence of defects”, and “character” ) gus plant (Asparagus officinalis). The would be combined under one basic product is prepared by sorting, trimming, FROZEN ASPARAGUS factor designated as “defects” . Defects washing, and blanching as necessary to would be classified as “minor”, “major” , U.S. Standards for Grades 1 assure a clean and wholesome product. “severe” , and “critical” depending upon It is then frozen and stored at tempera­ Notice is hereby given that the U.S. the degree of intensity or to the ad­ tures necessary for preservation. Department of Agriculture is consider­ verse effect on the appearance or eating ing the revision of the U.S. Standards quality of the product. § 52.382 Styles. for Grades of Frozen Asparagus (7 CFR (2) Allowances would be statistically (a) “Spears” (or “Stalks” ) style con­ 52.381-52.393) pursuant to the author­ combined to include a certain class of sists of units composed of the head and ity contained in the Agricultural Mar­ defects rather than a separate allowance adjoining portion of the shoot that are 3 keting Act of 1946 (Sec. 203, 60 Stat. for a particular quality factor. inches or more in length. 1087, as amended; 7 U.S.C. 1622). This (3) The numerical scoring system in (b) “Tips” style consists of units com­ revision, if made effective, will be the the current standards would be elimi­ posed of the head and adjoining portion fourth issue by the Department of grade nated and the grade of a lot would be as­ of the shoot that are less than 3 inches in standards for this product. certained on a attribute basis. length. (4) A new sampling plan would re­ All persons who desire to submit writ­ flect a more constant relationship be­ (c) “Cut Spears” or “Cuts and Tips” ten data, views, or ¡arguments for con­ tween the number of defects in a sample style consists of the head and portions of sideration in connection with the pro­ and those in a lot, regardless of the con­ the shoot cut transversely into units 2 posal should file the same in duplicate, tainer size. inches or less but not less than x/2 inch not later than January 1, 1969, with the (5) A sample unit size consisting of 50 in length. To be considered of this style, Hearing Clerk, U.S. Department of Ag­ units or pieces of asparagus, regardless head material shall be present in these riculture, Room 112, Administration of container size, would be specified. amounts for the respective lengths of Building, Washington, D.C. 20250. All (6) Acceptance criteria would be pro­ cuts: written submissions made pursuant to vided for the determination of compli­ (1) 1\4 inches or less. Not less than this notice will be available for public ance with quality requirements as well as 18 percent (average) by count, of all cuts, inspection at the office of the Hearing compliance with specific size designa­ are head material. Clerk during regular business hours (7 tions. (2) Longer than 1*4 inches. Not less CFR 1.27 (b) ). (7) A new score sheet is proposed to than 25 percent (average) by count, of Statement of consideration leading to record the number of the various classes all cuts are head material. the proposed revision. In considering of defects rather than the numerical (d) “Center Cuts” or “Cuts” style: improvements to the U.S. Standards for scores of each quality factor as currently Grades of Frozen Asparagus, the Na­ (1) Consists of portions of shoots that required. are cut transversely into units 2 inches tional Association of Frozen Food Pack­ Representatives of the U.S. Depart­ ers requested that the Department or less but not less than x/% inch in length; ment of Agriculture will be available or consider a revision based on attributes upon appointment to discuss and demon­ rather than the current scoring system. strate the proposed revision to interested (2) Is a style that does not meet the During the 1967 asparagus processing persons. Requests for such appointments foregoing definition for “Cut Spears” or season a study was undertaken in coop­ should be made in writing to: “Cuts and Tips” style. eration with the freezers of asparagus D efinitions of T erms to determine whether standards using Chief, Processed Products Standardization the attributes principle could serve their and Inspection Branch, Fruit and Vegetable § 52.383 Definitions o f terms. Division, C&MS, U.S. Department of Agri­ processing and marketing needs. culture, Washington, D.C. 20250. (a) “Absolute limit (AL)” : Limit for In proposing this revision, the De­ maximum number of defects permitted partment introduces a new concept in The proposed revision is as follows: in a sample unit. USDA grade standards which would em­ Product Description and Styles (b) “Defects” : Any specifically defined ploy statistical principles to a greater Secs. variation from a particular requirement. degree than heretofore. The new con­ 52.381 Product description. Defects are classified as to “minor”, “ma­ cept would evaluate the quality level of 52.382 Styles. v , jor”, “severe”, and “critical” . the product on the basis of the same Definitions of T erms (c) “Head” : In “Cut Spears” or “Cuts product characteristics—though reclas­ 52.383 Definitions of terms. and-Tips” style means: sified—as in the current standards. (1) A tip end which is % inch or more The proposed revision is designed for Sample Unit Size in length; or adaptation as a quality control aid dur­ 52.384 Sample unit size. (2) An upper portion of a shoot which ing processing as well as for ascertaining Sizes possesses a substantial amount of com­ the grade of frozen asparagus on a lot 52.385 Size of frozen asparagus. pact head material. basis. 52.386 Size classification and compliance. (d) “Sample” : The number of sample 52.387 Lot acceptance for size. units to be used for inspection of the lot.

Grades, Factors of Quality, Compliance (e) “Sample unit” : The am ou n t of 1 Compliance with the provisions of these product specified to be used for inspec­ standards shall not excuse failure to comply 52.388 Grades. with the provisions of the Federal, Food, 52.389 Factors of quality and grade com­ tion. It may be: Drug, and Cosmetic Act or with applicable pliance. , (I) The entire contents of a container, state laws and regulations. 52.390 Lot acceptance for quality. or

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL », 1968

/ (2) A portion of the contents of a con­ T ab le I Table III tainer, SIZES OF FROZEN ASPARAGUS SPEARS AND TIPS Single sizes 1 Blends , (3) A combination of the contents of ot sizes two or more containers, or Word designa­ Number Tolerances for size compliance ! (4) A portion of unpackaged product. tion designa­ Diameter in inches tion Maximum ^defects permitted S a m p l e U n i x S iz e 1 Less than % inch. , In any sample unit (AL)1 9 5 16 9 § 52.384 Sample unit size. 2 y% inch or larger but less than % inch. Compliance with requirements for fac­ Large (Jumbo).. 3 % inch or larger but less Number of sample units Number of Major Severe Total s Minor or tors of quality is based on the following than Vi inch. spears or tips total8 Extra Large 4 7/i inch or larger. sample unit size for the respective style (Colossal). of pack: Blend of sizes.. . A blend oi not more than three ad- In the total jacent siz es and does not meet the It the total sample sample (a) Spears; tips: 50 spears or 50 tips. acceptant ;e criteria for a single siz^. (b) Cut Spears; Cuts and Tips; Center Mixture of sizes.. Fails to m eet the requirements of a 1...... 50 6 3 12 6 single size or blend of sizes. 2...... 100 11 5 21 11 Cuts and Cuts: 50 pieces. 3...... 150 15 7 30 15 4...... 200 19 9 39 19 S iz e s § 52.386 Size classification and compli­ 5...... 250 23 10 48 23 6...... 300 27 12 56 27 § 52.385 Size o f frozen asparagus. ance. 7...... 350 30 13 74 30 8...... - 400 34 15 73 34 (a) The size of frozen asparagus in Frozen asparagus in “Spears” and 9...... -...... 450 38 17 81 38 “Tips” styles are considered as meeting 10...... 500 42 18 89 42 Spears or Tips style is determined by 11...... 550 46 20 98 46 measuring the longest dimension at right the designated single size or blend of 12 ...... 600 49 21 106 49 650 53 23 114 53 angles to the longitudinal axis of the unit sizes, if they meet the criteria specified 13.1...... MAKING RULE PROPOSED 14 ______700 57 24 122 57 at the largest dimension of the stalk. in Tables II and III. Defects are clas­ 15...... ; 750 60 26 130 60 (b) The word and number designa­ sified as to minor, major, and severe. 16 ______800 64 27 138 64 17...... ■-______'...... 850 67 29 146 67 tions of the various sizes of frozen aspar­ Each “X ” mark in Table II represents 18______900 71 30 154 71 agus are shown in Table I. “one (1) defect” . 19...... 950 75 31 162 75 20...... 1000 78 33 170 78 82 T able n 21____ - ...... -...... — ...... 1050 82 34 178

Classification 1 In any sample unit, except the first one of 50 spears or tips. Size classification Defects ! “Total”—the sum of “ Severe” , “Major” , and “Minor” defects, as applicable. > In “Blends of Sizes” , “Minor” and “Total” defects are the same. Minor Major Severe § 52.387 Lot acceptance for size. material; and that has a reasonably at­ A lot of frozen asparagus is considered tractive appearance and eating quality Single sizes: within the limits specified for the various X ' as meeting the requirements for a spec­ X quality factors. X ified size if the acceptance numbers and X the AL values for the applicable defect (c) “Substandard” is the quality of X frozen asparagufc that fails to meet the X classifications, , specified in Table III, are X requirements of U.S. Grade B. X not exceeded. § 52.389 Factors of quality and grade X G r ades, F ac to r s o f Q u a l i t y , C o m p l ia n c e X compliance. X X § 5 2 .3 8 8 Grades. (a) The grade of a lot of frozen as­ Blends of sizes: X’ (a) “U.S. Grade A” (or “U.S. Fancy” ) paragus is based on compliance with re­ X is the quality of frozen asparagus that quirements for the following quality X X is of similar varietal characteristics; that factors:, X has a good flavor and odor; that is free (1) Color; X of grit, silt, or earthy material; and that ( 2 ) Uniformity of lengths ; X X has an attractive appearance and eating (3) Character; quality within the limits specified in the (4) Damage; and various quality factors. (5) Harmless extraneous vegetable (b) “U.S. Grade B” (or “U.S. Extra material. Standard” ) is the quality of frozen as­ (b) Defects are classified as to minor, paragus that is of similar varietal char­ major, severe, or critical. Each “X ” mark acteristics; that has a good flavor and in Tables IV and V represents “one (1) odor; that is free of grit, silt, or earthy defect”. 5463

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5464 T able IV T able VI CLASSIFICATION OF DEFECTS Color—Length—Character U.S; Grade B Grade compliance all styles Classification Maximum defects permitted Quality faotors Defects

Minor Major Severe In any sample unit (AL) > 0 5 9 14 2 9 14 25

Color...... Spears; Tips styles: Number of Number of White or yellowish-white color up to one-third the sample units spears, tips. Critical Severe Major Total* Critical Severe Major Total* length of the stalk...... X or cuts White or yellowish-white color over one-third the length of the stalk...... X Cut-Spear; Cuts and Tips; “ Cuts” ; Center Cuts In the total sample In the totif sample styles: 60 0 3 6 10 1 6 10 20 White or yellowish-white; or partially of such 2______100 0 5 11 18 2 11 18 37 color...... X 3...... 150 0 7 15 25 2 15 25 53 4. . «.a ..____ _ 200 0 9 19 32 3 19 32 68 Uniformity of length...... Spears; Tips styles: 5. . . . . ____ 260 0 10 23 40 4 23 40 84 Any unit which varies more than lj^ inches or more 6...... 300 0 12 27 47 4 27 47 99 from the predominant length of the sample unit... X 7...... 350 0 13 30 54 5 30 64 114 Cut-Spears; Cuts and Tips; Cuts; Center Cuts 8...... 400 0 15 34 61 5 34 61 130 styles: 9...... 450 0 17 38 68 6 38 68 145 Length of cut less than inch.. X 10...... 600 0 18 42 75 6 42 75 165 Length of cut more than 2 Inches. X 11...... 550 0 20 46 82 7 46 82 175 12...... 600 0 21 49 88 7 49 88 190 Character...... Reasonably-well developed (worse than Plate 1 but 13...... 650 0 23 53 95 8 53 95 204 not worse than Plate 2 or 3) *...... X 14...... 700 0 24 57 102 8 57 102 219 Poorly developed (worse than Plate 2 or 3): 15...... 750 0 26 60 109 9 60 109 234 Seedy...... X 1 6 ...... 800 0 27 64 116 9 64 116 249 MAKING RULE PROPOSED Flowered______X 1 7 ...... 850 0 29 67 122 9 67 122 264 Tough fiber development: 18...... 900 0 30 71 129 10 71 129 278 1 inch or less...... X 19...... 950 0 31 75 136 10 75 136 293 More than 1 inch but not more than 2 inches______X 2 0 ...... 1000 0 33 78 142 11 78 142 308 More than 2 inches or woody units of any length___ X 21...... 1060 0 34 82 149 11 82 149 322

1 i'or Interpretative guides, see USD A Illustrations of “ Stages of Development In Frozen Asparagus,’’ filed with 1 In any sample unit, except the first one of 60 spears, tips, or cuts. the office of the Federal Register as part of the original document. * “Total”—the sum of “ Critical”, “ Severe”, “Major , and “Minor” defects, as applicable; § 5 2 .3 9 0 Lot acceptance for quality.

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 S core S heet [ 7 CFR Ch. IX 1 Material issues. The material issues presented on the record of the hearing § 52.391 Score sheet. [Docket No. AO 363] are as follows : DEFECT TALLY SHEET FOB FROZEN ASPARAGUS MELONS GROWN IN SOUTH TEXAS (1) The need for, and justification and desirability of, a proposed regulatory Number, size, kind of container...... Notice of Recommended Decision and program as a means of effectuating the Label statements...... declared policy of the' Act; Container mark or identifl- (Packages. Opportunity To File Written Ex­ cation. (.Cases___ ceptions With Respect to Proposed (2) The existence of the right to exer­ Net w eight....— . . . . . ______cise Federal jurisdiction; and Style...... Marketing Agreement and Order Sizes of spears; Tips styles______(3) The specific terms and provisions Head material (percent)...... Pursuant to the applicable rules of of a proposed marketing agreement and practice and procedure governing pro­ order, including the production area to Defects ceedings to formulate marketing agree­ be covered by the proposed regulatory ments and marketing orders (7 CFR Part program. Quality factors Sample unit Sample unit 900), notice is hereby given of the filing Findings and conclusions. The findings with the Hearing Clerk, U.S. Department and conclusions on the aforementioned Minor Major Severe Critical Minor Major Severe Critical of Agriculture, of this recommended de­ material issues, all of which are based on cision with respect to a proposed market­ evidence adduced at the hearing and the Color...... ing agreement and order regulating the record thereof, are as follows: handling of melons grown in South Uniformity of length...... Texas, to be effective pursuant to the The evidence adduced at the hearing does not permit recommendation, under Damage...... provisions of the Agricultural Market­ ing Agreement Act of 1937, as amended the act, of a sound, workable marketing Harmless extraneous material...... (Secs. 1-19, 48 Stat. 31, as amended; agreement and order of the general MAKING RULE PROPOSED Character...... 7 U.S.C. 601-674), hereinafter referred nature proposed that would be limited only to the four counties proposed in the Total defects—Each class______to as the “Act.” Interested persons may file written hearing notice. This is so because of the exceptions to this recommended decision failure of the record evidence to support Total defects—All classes: Minor, Major, a required statutory finding under Severe, Critical. with the Hearing Clerk, Room 112, U.S. Department of Agriculture, Washington, section 8(c) (11) of the Agricultural D.C. 20250, not later than 15 days after Marketing Agreement Act of 1937, as Size—Diameters...... , amended, that the counties of Cameron, its publication in the F ederal R e g is t e r . Total defects—Each class...... Exceptions should be filed in quadrupli­ Hidalgo, Starr, and Willacy in the State cate. All written submissions made pur­ of Texas constitute the smallest prac­ Total defects—All classes: Minor, Major, suant to this notice will be made avail­ ticable area consistent with carrying out Severe. able for public inspection at the office of the declared policy of the act. A finding the Hearing Clerk dming regular busi­ to that effect is made a condition prece­ Flavor and odor...... Good...... ness hours (7 CFR 1.27 (b)). dent to the issuance of an order. Objectionable... Preliminary statement. The public The evidence of record shows that the four counties included in the proposal Grit, silt, earthy Free...... hearing with respect to a proposed material. marketing agreement and order was held contain less than two-thirds of the Texas Present/degree. _ in Edinburg, Tex., December 19-21,1967. spring cantaloup acreage. There was Notice of the hearing was published in almost unanimous testimony that an Dated: April 1,1968. the F ederal R e g ist e r on November 25, adjacent region in Texas—the Laredo G . R . G ra n g e , 1967 (32 F.R. 16164). The proposals, district with over 3,000 acres used in the Deputy Administrator, along with the list of members of the production of cantaloups—should be in­ Marketing Services. South Texas melon industry who sub­ cluded as part of the production area [F.R. Doc. 68-4123; Filed, Apr. 5, 1968; 8:45 a.m.] mitted them, and requested a hearing, for the program to be effective, due to appear in that notice. the competition of such cantaloups for 5465

FEDERAL REGISTER, VOL. 33, I. 68— SATURDAY, APRIL 6, 1968 5466 PROPOSED RULE MAKING the same markets as those of the four- further findings or conclusions on issues clusions herein set forth. To the extent county area in the notice of hearing. which relate to Federal jurisdiction, that the findings and conclusions pro­ There was substantial testimony that need, or the other specific provisions of a posed in the brief are inconsistent with the Winter Garden area—another nearby proposed regulatory program. those contained herein, the request to spring cantaloup producing region— Rulings on "briefs of interested parties. make such findings or to reach such con­ should also be included for effective pro­ At the conclusion of the hearing the clusions is denied on the basis of the gram operations. In addition, there are Presiding Officer fixed January 24, 1968, facts found and stated in connection other nearby competing counties, includ­ which was later extended to February with the conclusions on the recom­ ing two of the top six in Texas spring 5, as the latest day for filing briefs. mended decision. melon acreage, that are not covered by the production area proposed in the A brief was filed within the allotted Dated: April 3,1968. notice. time by Mr. Sid Hardin, attorney repre­ senting the Independent Cantaloupe J o h n C. B l u m , Therefore, it is concluded that a mar­ Growers’ Association of the Lower Rio Deputy Administrator, keting agreement and order program Grande Valley of Texas. It was carefully Regulatory Program. cannot be recommended on the basis of considered along with the record evi­ [F.R. Doc. 68-4166; Filed, Apr. 6, 1968; this record. Hence, there is no need for dence in reaching the findings and con­ 8 :4 8 a m .]

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5467

N otices

POL; and he will in that capacity deal poses was between purchase price and DEPARTMENT OF THE TREASURY with all questions relating to INTERPOL constructed value. dues, INTERPOL functions, obligations 2. Purchase price was determined to be Internal Revenue Service of membership and agenda of and repre­ the f .o.b. port price. [Order No. 99 (Rev. 3) ] sentation at INTERPOL conferences and 3. Inasmuch as the merchandise un­ General Assembly sessions. der consideration was produced in a DIRECTORS, INTERNAL REVENUE Such positions, records, and equipment state-controlled-economy country, con­ SERVICE CENTERS which are determined by the Assistant structed value was based on the f .o.b. de­ livered price at which similar merchan­ Delegations of Authority Regarding Secretary for Administration and the Commissioner of Narcotics in consulta­ dise was sold for home consumption in a Filing of Returns tion with the Special Assistant to the free-economy country. The country Pursuant to authority granted to the Secretary (for Enforcement) to be nec­ chosen for this purpose was the United Commissioner of Internal Revenue by 26 essary to the performance of the staff Kingdom. CFR 1.6091-4, the authority (for all pur­ and operations services described above 4. Constructed value was determined poses except venue) to receive Forms shall be transferred, from the Bureau to be the f.o.b. price to purchasers in the 1040 and 1040A is delegated to:. of Narcotics to the Office of the Secre­ United Kingdom. tary. Such funds as are necessary to the 5. Comparison of the above prices re­ Director, Internal Revenue Service Center, vealed that purchase price was lower Central Region performance of the said services shall, Director, Internal Revenue Service Center, for the period April 1,1968, through June than constructed value. Mid-Atlantic Region 30, 1968, be transferred to the Office of Such written submissions as interested Director, Internal Revenue Service Center, the Secretary. parties may care to make with respect North-Atlantic Region This order supersedes Treasury De­ to the contemplated action will be given Director, Internal Revenue Service Center, partment Order No. 147-2 of March 23, appropriate consideration by the Secre­ Midwest Region 1967. tary of the Treasury. Director, Internal Revenue Service Center, If any person believes that any infor­ Southwest Region [ s e a l ] J o s e p h W. B arr, mation obtained, by the Bureau of Cus­ Director, Internal Revenue Service Center, Under Secretary of the Treasury. Western Region toms in the course of this antidumping M ar c h 29, 1968. proceeding is inaccurate or that for any This order supersedes Delegation Or­ other reason the tentative determination der No. 99 (Rev. 2) issued December [F.R. Doc. 6&-4Î70; Filed, Apr. 5, 1968; 8 :4 8 a.m.] is in error, he may request in writing that 16,1966. the Secretary of the Treasury afford him Date of issuance : April 4,1968. an opportunity to present his views in [Antidumping— ATS 643.3-m] this regard. Effective date: April 4,1968. Any such written submissions or re­ TITANIUM SPONGE FROM THE [seal] S h e l d o n S . C o h e n , quests should be addressed to the Com­ Commissioner. U.S.S.R. missioner of Customs, 2100 K Street NW., Washington, D.C. 20226, in time [F.R. Doc. 68-4169; FUed, Apr. 5, 1968; Notice of Tentative Determination 8 :4 8 a.m.] to be received by his office not later than Information was received on Septem­ 10 days from the date of publication of ber 7, 1967, that titanium sponge im­ this notice in the F ederal R e g is t e r . ported from the U.S.S.R. was being sold This tentative determination and the Office of the Secretary at less than fair value within the mean­ statement of reasons therefor are pub­ [Treasury Dept. Order 147-5] ing of the Antidumping Act, 1921, as lished pursuant to § 14.8(a) of the Cus­ amended (19 U.S.C. 160 et seq.). This toms Regulations (19 CFR 14.8(a)). BUREAU OF NARCOTICS AND information was the subject of an “Anti­ [ s e a l ] J o s e p h B arr, OFFICE OF THE SECRETARY dumping Proceeding Notice” which was Assistant Secretary of the Treasury. published pursuant to § 14.6(d), Customs Transfer of Functions Regulations (19 CFR 14.6(d)), in the [F.R. Doc. 68-4232; Filed, Apr. 5, 1968; 10:29 a.m.] By virtue of the authority vested in the F ederal R e g is t e r of November 25, 1967, Secretary of the Treasury, and by virtue on page 16170 thereof. of the authority vested in me by Treasury On March 19, 1968, the Commissioner Department Order No. 190, Revision 4: of Customs issued a withholding of ap­ It is hereby ordered, That as of April 1, praisement notice with respect to such DEPARTMENT OF THE INTERIOR 1968, staff and operations services here­ merchandise which was published in the Bureau of Land Management F ederal R e g ist e r dated March 23, 1968. tofore furnished by the Bureau of Nar­ NEVADA DISTRICT MANAGERS ET AL. cotics to the United States representative Titanium sponge is an intermediate to the International Criminal Police form of titanium between ore and tita­ Delegation of Authority Regarding Organization (INTERPOL) are trans­ nium metal. Most of the production of Contracts and Leases ferred to the Office of the Special Assist­ the material in the United States is ant to the Secretary (for Enforcement). further manufactured by the producers April 1,1968. ^ ese services will be performed under into other products. 1. Redelegation. Pursuant to the au­ if6 s^Peryision the Special Assistant I hereby make a tentative determina­ thority contained in Bureau Manual uor Enforcement) and will consist of tion that titanium sponge imported from 1510-03C, the classes of employees listed transmittal, processing, a n d the U.S.S.R. is being, or is likely to be, below: handling of correspondence, inquiries, sold at less than fair value within the District Managers. nnTfSrgai lve referrals and the like from meaning of section 201(a) of the Anti­ Chief, Division of Administration. to the Secretariat of INTERPOL dumping Act, 1921, as amended (19 District Administrative Assistants. bureau mdividual national central U.S.C. 160(a) ). State Office Procurement Clerk. Statement of reasons on which this are authorized: rf^ 1Î;®j,ec*al Assistant to the Secretary tentative determination is based. 1. It (a) Negotiated contracts. May enter .ement) is designated as the was determined that the appropriate into negotiated contracts without ad­ uvea states representative to INTER- basis of comparison for fair value pur­ vertising pursuant to section 302(c) (2)

No. 68— -4 FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5468 NOTICES A

of the FPAS Act, as amended, for rental Now, therefore, I, Stewart L. Udall, 5,230.32 feet; S. 16°10'20" E., 5,206 01 feet- of equipment and aircraft covered by Secretary of the Interior, pursuant to S. 15°57'38" E., 5,200.47 feet; S. 15°57'30” e ’ offer agreements necessary for the pur­ the authority vested in me by section 3 5,200.47 feet;- S . 15® 32'09" E., 5,189.62 feet’ pose of emergency fire suppression. (a) of that act, do hereby give notice of S. 1 5 °0 9 '5 3 " E., 2,405.57 feet; to a point on (b) Open market purchasing. May en­ the establishment of the Padre Island the Willacy— Cameron County line extended having Texas Grid Coordinates of X-2 419. ter into contracts pursuant to section National Seashore, such establishment to 120.29 and Y-272,678.20. 302(c) (3) of the FPAS Act, as amended, become effective on April 8, 1968. Thence leaving the two-fathom line and for supplies and services, excluding cap­ A detailed description of the bound­ proceeding S. 89®59'54" W . along said county italized property, not to exceed $2,500; aries of the seashore, which encompass line a distance of 2,670.45 feet, to a point and contracts for construction not to an area as nearly as practicable identical 1,500 feet west of th e m ean high water line exceed $2,000: Provided, That the re­ to the area described in section 1 of the of the Gulf of Mexico as determined by the quirement is not available from estab­ aforesaid act, follows: survey of J. S. Boyles and depicted on sec­ lished sources of supply. tions 9 and 10 of the map entitled “Survey Beginning ait a point on the easterly line of Padre Island made for the Office of the (c) Established sources of supply. May of the Intracostal Waterway, approximately 1 Attorney General of the State of Texas,” procure necessary supplies and services, statute mile northerly of triangulation sta­ dated August 7 to 11, 1941, and August 11,13, except capitalized property, available tion “Smith” (Texas Grid Coordinates X-2, and 14, 1941, respectively, said point having from established sources of supply re­ 392,417.40 and Y—676,789.10) located at the Texas Grid Coordinates of X -2 ,416,458.84 and gardless of amount. north end of North Bird Island; Y-272,678.12; 2. Limitations or restrictions. A. Req­ Thence N. 89°26'35" E., 10,152.56 feet to a Thence northerly along a line parallel to uisitions for all capitalized personal point on Padre Island 1 statute mile west of and 1,500 feet west of said J. S. Boyles sur­ property must be reviewed and approved the mean high water line of the Gulf of vey line for the following 15 courses: Mexico, said point having Texas Grid Co­ N. 15°50'50" W „ 1,910.12 feet; N. 14°28'25'' by the State Office. ordinates of X -2,402,345.45 and Y-682,162.45; W., 2,170.61 feet; N. 15°25'00" W., 5,277.65 B. Order-Invoice-Voucher, Standard Thence S. 24°15'34" W„ parallel to said feet; N. 15°53'30" W., 1,666.49 feet; Form 44 : Purchase through use of Stand­ mean high water line, a distance of 18,480.00 N. 16°25'25" W., 4,999.37 feet; N. 18°33'17'' ard Form 44 in accordance with BLM feet to a point having Texas Grid Coordinates W., 2,22125 feet; N. 14°40'27" W., 3,333.15 Manual 1511.22 and FPR 1-3.605, in the of X -2,394,752.59 and Y-665,314.34; feet; N. 17*21'08" W., 9,431.98 feet; amounts not to exceed $300, may be au­ Thence N. 89°26'34" E., a distance of N. 17°37'55" W., 6,664.14 feet; N. 16°08'40" thorized to all field employees by their 6,506.32 feet to a point on the two-fathom W., 3,054.78 feet; N. 18°35'01" W., 8,055.85 line on the east side of Padre Island, as de­ feet; N. 20°40'01" W., 1,666.74 feet; respective District Manager, Chief, Divi­ picted ate. U.S. Coast and Geodetic Survey N. 19*56'02" W., 4,127.09 feet; N. 22°02'01" sion of Engineering, or the State Di­ Chart numbered 1286, and having Texas W., 2,222.31 feet; N. 17*17'00" W., 1,014.08 rector. The authorization shall be re­ Grid Coordinates of X-2,401,258.60 and feet to a point on the centerline of Port delegated in writing by name designa­ Y-665,377.62; Mansfield Channel, having Texas Grid Co­ tion and its use restricted to need when Thence southerly along said two-fathom ordinates of X -2 ,399,192.18 and Y-327,823.92; away from headquarters. The designated line as depicted on UJ5. Coast and Geodetic Thence S. 87*07'12" W. along the center­ employee, State Office and the servicing Survey charts numbered 1286, 1287, and 1288, line of said Port Mansfield Channel, a dis­ Field Administrative Office shall be fur­ 74 courses as follows: S. 22°46'57" W., 409.56 tance o f 13,203.38 feet, to a point 3 statute feet; S. 22°17'37" WM 5,403.93 feet; miles west of said two-fathom line, having nished with a copy of all such redelega­ S. 23°16'04" W., 5,442.66 feet; S. 20°48'24" W„ Texas Grid Coordinates of X - 2,386,249.52 and tions. 5.348.83 feet; S. 21°48'05" W„ 5,385.17 feet; Y-327,177.80; C. Contracts or other procurements S. 19°47'56" W., 5,314.13 feet; S. 19°17'24" Thence northerly, parallel to and 3 entered into under this authority must W., 5,297.41 feet; S. 18° 15'46" m , 5,265.22 statute miles west of said two-fathom line conform with applicable regulations and feet; S. 19°17'24" W„ 5,297.41 feet; for the following 52 courses: N. 19*17'24" W., statutory requirements and are subject S. 17°13'24" W., 10,469.48 feet; S. 16°41'57" 2,995.37 feet; N. 18*00'15" W., 5,257.44 feet; to the availability of appropriations. W., 5,220.15 feet; S. 12°50'38" W„ 5,128.31 N. 21 °15'22" W„ 5,364.98 feet; N. 19°05'06'' D. All redelegated authority shall be feet; S. 12°44'06" W„ 5,126.10 feet; W., 5290.83 feet; N. 19°47'56" W., 5,314.13 S. 13“29'45" W., 5,141.98 feet; S. 13°03'42" feet; N. 17°44'41" W., 5,249.76 feet; exercised in accordance with the appli­ W., 5,132.80 feet; S. 15°06'34" W., 5,179.04 N. 16*35'39"W ., 5,21729 feet; N. 16°54'33" W, cable limitations in the Federal Property feet; S. 11°45'00" W., 5,107.02 feet; 5,225.94 feet; N. 15°32'09" W., 5,180.62 feet; and Administrative Services Act of 1949, S. 12°11'19" W., 5,115.31 feet; S. 12°04'45" N. 15°57'38" W„ 5,200.47 feet; N. 13°42'44" as amended, and in accordance with ap­ W., 5,113.21 feet; S. 08°52'00" W„ 5,060.47 W., 5,146.69 feet; N. 10*58'44" W., 5,093.22 plicable policies, procedures and controls feet; S. 09°58'55" W., 5,076.85 feet; feet; N. 15® 25'46" W ., 5,186.95 feet; prescribed in the General Services Ad­ S. 10°32'12" W., 5,085.76 feet; S. 09°05'25" N. 14°02'10" W., 5,153.88 feet; N. 14°21'34" ministration. W., 5,063.60 feet; S. 04°48'Q6" W„ 10,035.22 W., 5,161.24 feet; N. 13°42'44" W., 5,146.69 feet; S. 02°58'36" W., 5,006.76 feet; feet; N. 12°11'19" W., 5,115.31 feet; This publication supersedes publica­ S. 03°26'01" W., 5,008.99 feet; S. 02°44'53" N. 12°50'38" W., 5,128.31 feet; N. 12°17'53'' tion of March 11, 1968, in the F édéral W„ 10,011.51 feet; S. 02°03'42" W., 5,003.24 W., 5,117.43 feet; N. 12°31'00" W., 5,121.73 R egister, VoL 33, No. 55, Wednesday, feet; S. 01°43'06" W„ 5,002.25 feet; feet; N. 1163 8 '2 4 " W ., 5,104.99 feet; March 20, 1968, on page 4749. S. 03®32'52" W., 5,009.60 feet; S. 00°13'45" E., N. 10*05'35" W., 5,078.59 feet; N. 09°52'14'' 5,000.04 feet; S. 00°41'15" E., 5,000.36 feet; W„ 5,075.13 feet; N. 08°58'43" W., 10,124.06 alph unn R S. D , S. 0l°49'58" E., 5,002.56 feet; S. 04°10'31" E., feet; N. 0 7 ° 5 8 '1 1 " W ., 5,048.76 feet; Acting State Director. 5,013.31 feet; S. 03°08'53" E.. 5,007.56 feet; N. 06*57'21" W., 10,074.14 feet; N. 06°09'51'' [FIR. Doc. 68-4130; Filed, Apr. 5, 1968; S. 04°34'26" E., 10,031.94 feet; S. 06°09'51" W., 5,029.08 feet; N. 04°34'26" W., 10,031.94 8 :4 5 a m .] E., 5,029.10 feet; S. 06°57'21" E., 10,074.14 feet; N. 03 *0 8 '5 3 " W ., 5,007.56 feet; feet; S. 07°58'11" E„ 5,048.76 feet; N. 04°10'31" W., 5,013.31 feet; N. 01°49'58" S. G8°58'43" E„ 10,124.06 feet; S. 09°52'14" W ., 5,002.56 feet; N . 0 0 ° 4 1 '1 5 " W ., 5,000.36 E., 5,075.13 feet; S. 10°05'35" E., 5,078.59 feet; N. 0 0 ° 1 3 '4 5 " W ., 5,000.04 feet; National Park Service feet; S. 11°38'24" E„ 5,104.99 feet; N. 03°32'52" E„ 5,009.60 feet; N. 01*43'06" E., S. 12*31'00" E., 5,121.73 feet; S. 12°17'53" E., 5,002.25 feet; N. 0 2 ° 0 3 '4 2 " E., 5,003.24 feet; PADRE ISLAND NATIONAL 5,117.43 feet; S. 12°50'38" E., 5,128.31 feet; N. Q2°44'53" K, 10,011.51 feet; N. 03°26'01'' SEASHORE, TEX. S. 12°11'19" E., 5,115.31 feet; S. 13*42'44" E., E., 5,008.99 feet; N. 02°58'36" E., 5 ,006.76 feet; 5,146.69 feet; S. 14*21'34" E., 5,161.24 feet; N. 04°48'06" E., 10,035.22 feet; N. 09°05'25' Notice of Establishment S. 14°02'10" E., 5,153.88 feet; S. 15°25'46" E., E., 5,063.60 feet; N. 1 0 °3 2 '1 2 " E., 5,085.76 5,186.95 feet; S. 10°58'44" E., 5,003.22 feet; feet; N . 0 9 °5 8 '5 5 " E ., 5,076.85 feet; Whereas 133,839.93 acres of lands, sub­ S. 13°42'44" E., 5,146.69 feet; S. 15*57'38" E., N. 08°52'00" E., 5,060.47 feet; N. 12°04'45" merged lands and waters are now under 5,200.47 feet; S. 15°32'09" E„ 5,189.62 feet; E., 5,11321 feet; N. 12°11'19" E., 5,115-31 the ownership of the United States with­ S. 16°54'33" E., 5,225.94 feet; S. 16°35'39" E„ feet; N. 1 1 °4 5 '0 0 " E., 5,107.02 feet; in the boundaries of the Padre Island 5,217.29 feet; S. 17°44'41" E., 5,249.76 feet; N. 15®06'34" E., 5,179.04 feet; N. 13°03'42' National Seashore, as described in sec­ S. 19°47'56" E., 5,314.13 feet; S. 19®05'08" E„ El, 5,132.80 feet; N. 1 3 °2 9 '4 5 " E., 5,141.98 tion 1 of the Act of September 28, 1962 5.290.83 feet; S. 21°15'22" E., 5,364.98 feet; feet; N . 1 2 °4 4 '0 6 " E.f 5,126.10 feet; S. 18®00'15" E., 5,257.44 feet; S. 19*17'24" E„ N. 1 2 °5 0 '3 8 " E., 2,480.51 feet to a point which (76 Stat. 650; 16 UJS.C. 459d), and the 5,297.41 feet; S. 20*33'22" E., 5,340 feet; is 27*20' North Latitude, said point having acreage so acquired, in my opinion, is a 18*31'15" E., 5,273.10 feet; S. 18°15'46" E.t efficiently administrable to carry out the 526522 feet; S. 17°44'41" E., 5,249.76 feet; Texas Grid Coordinates of X -2 ,364,971.40 and purposes of that act; a 17°54'02" E., 5,254.35 feet; S. 17°O3'50" E., Y-607,418.45;

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968/ NOTICES 5469

T h en ce s. 89 ° 20'35” W., a distance of The U.S. Department of Agriculture and 7 percent for foreign bank obliga­ 5 460.57 feet along said latitude to the announced the prices at which CCC com­ tions. Commodities now eligible for fi­ easterly line of the Intraooastal Waterway; modity holdings are available for sale be­ nancing under the CCC Export Credit Thence northerly along the easterly line ginning at 3 p.m., e.s.t., on March 29, Sales Program include wheat, wheat of the Intracoastal Waterway, as indicated 1968, and, subject to amendment, con­ flour, barley, bulgur, corn, commeal, by channel markers in Laguna Madre, for tinuing until superseded by the May grain sorghum, upland and extra long the following five courses: N. 20°53'58” E., staple cotton, tobacco, cottonseed oil, 19 884 21 feet; N. 24°30'50” E., 40,048.18 feet; Monthly Sales List. n ’24°30'26” E., 9,042.63 feet; N. 24°30'22” E., The following commodities are avail­ soybean oil, dairy products, tallow, lard, 9 047.90 feet; N. 24°31'38” E„ 3,537.74 feet able : Cotton (upland and extra long sta­ and beef breeding cattle. Commodities to the point of beginning, and containing ple) , wheat, corn, oats, barley, rye, rice, purchased from CCC may. be financed 133,918.23 acres, 133,839.93 acres of which are grain sorghum, peanuts, flax, tung oil, for export as private stocks under An­ federally owned. ' butter, cheese, and nonfat dry milk. nouncement GSM-4. A map depicting the area herein de­ No change is being made in commodi­ Information on the CCC export Credit scribed and identified as Drawing No. ties listed. Sales program and on commodities avail­ NS-PI-7003, dated March 1, 1968, is The list includes dairy products sales able under Title I, Public Law 480, private available for public inspection in the Of­ prices which are based on the support trade agreements, and current informa­ fice of the Superintendent, Padre Island buying prices for the 1968-69 marketing tion on interest rates and other phases National Seashore, Tex., and in the of­ year announced on March 20 (press re­ of these programs may be obtained from fices of the National Park Service, De­ lease USDA 907). This continues the pol­ the Office of the General Sales Manager, partment of the Interior, Washington, icy of sales pricing at 110 percent of the Foreign Agricultural Service, U.S. De­ D.C. support buying prices that has been in partment of Agriculture, Washington, Copies of this notice and of the map effect during the past marketing year. D.C. 20250. depicting the boundaries of the Padre The cotton section includes the sales The following commodities are cur­ Island National Seashore, as described offerings of cotton to begin in late April rently available for new and existing herein, will be mailed, published, and re­ for delivery on August 1, 1968, as an­ barter contracts: Oats, cotton (upland corded as required by section 3(b) of the nounced March 22 (press release USDA and extra long staple) and tobacco. said act of September 28,1962. 968-68). Wheat and grain sorghum are also Information on the availability of available under conditions noted in the S t e w a r t L . U d a ll, commodities stored in Commodity Credit individual commodity listings. (In addi­ Secretary of the Interior. Corporation bin sites may be obtained tion, free market stocks of corn, grain March 29, 1968. from ASCS State offices shown at the end sorghum, oats, wheat and wheat flour, [PH. Doc. 68-4042; Filed, Apr. 5, 1968; of the sales list, and for commodities under Announcement PS-1; tobacco 8:4 5 a.m.] stored at other locations from ASCS under Announcement PS-3; and cotton­ commodity and grain offices also shown seed oil and soybean oil under Announce­ Office of the Secretary at the end of the list. ment PS-2 are eligible for programing CRUDE OIL AND UNFINISHED OILS Com, oats, barley, or grain sorghum, in connection with barter contracts cov­ as determined by CCC, will be sold for ering procurements for Federal agencies Maximum Level of Imports Into unrestricted use for “Dealers’ Certifi­ that will reimburse CCC except that Puerto Rico cates” issued under the emergency live­ Hard Red Winter, Hard Red Spring, and stock feed program. Grain delivered durum wheats, and flour produced from Pursuant to paragraph (c) of section 2 against such certificates will be sold at those wheats, may not be exported of Proclamation 3279, as amended, for the applicable current market price, de­ through west coast ports, nor may Hard the allocation period April 1, 1968, termined by CCC. Red Winter wheat 13 percent or higher through March 31,1969, a maximum level In the following listing of commodities protein be exported from gulf coast ports of imports of crude oil and unfinished and sales prices or method of sales, “un­ under announcement of Jan. 2, 1968, oils into Puerto Rico by holders of alloca­ restricted use” applies to sales which pertaining to quality incremental sub­ tions made pursuant to paragraph (a ), permit either domestic or export use and sidy.) Further information on private- section 15 of Oil Import Regulation 1 “export” applies to sales which require stock commodities may be obtained (Revision 5) is established at 176,964 export only. CCC reserves the right to from the Office of Barter and Stock­ B/D. Of this amount, 142,488 B/D is al­ determine the class, grade, quality, and piling, Foreign Agricultural Service, located to Commonwealth Oil Refining available quantity of commodities listed USDA, Washington, D.C. 20250. Co., Inc.; 33,711 B/D is allocated to Gulf for sale. Oil Corp.; and 765 B/D is allocated to The CCC will entertain offers from W. R. Grace & Co. The CCC Monthly Sales List, which responsible buyers for the purchase of varies from month to month as addi­ any commodity on the current list. Of­ S t e w a r t L . U d a l l , tional commodities become available or fers accepted by CCC will be subject to Secretary of the Interior. commodities formerly available are the terms and conditions prescribed by April 1,1968. dropped, is designed to aid in moving the Corporation. These terms include CCC’s inventories into domestic or ex­ payment by cash or irrevocable letter of [F.R. Doc. 68-4131; Filed, Apr. 5, 1968; port use through regular commercial credit before delivery of the commodity 8:4 5 a.m.] channels. and the conditions require removal of If it becomes necessary during the the commodity from CCC stocks within month to amend this list in any material a reasonable period of time. Where sales way—such as by the removal or addition are for export, proof of exportation is DEPARTMENT OF AGRICULTURE of a commodity in which there is general also required, and the buyer is respon­ Commodity Credit Corporation interest or by a significant change in sible for obtaining any required U.S. price or method of sale—an announce­ Government export permit or license. SALES OF CERTAIN COMMODITIES ment of the change will be sent to all Purchase from CCC shall not constitute persons currently receiving the list by any assurance that any such permit or April Sales List mail from Washington. To be put on this license will be granted by the issuing Notice to buyers. Pursuant to the policy mailing list, address: Director, Procure­ authority. of Commodity Credit Corporation issued ment and Sales Division, Agricultural Applicable announcements containing October 12,1954 (19 P.R. 6 6 6 9), and sub­ Stabilization and Conservation Service, all terms and conditions of sale will be ject to the conditions stated therein as U.S. Department of Agriculture, Wash­ furnished upon request. For easy refer­ well as herein, the commodities listed be- ington, D.C. 20250. ence a number of these announcements .?re available for sale and, where Interest rates per annum under the are identified by code number in follow­ fo? redemption of payment-in- CCC Export Credit Sales Program (An­ ing list. Interested persons are invited forth cer^ ca^es on the price basis set nouncement GSM-3 or 4) for April 1968 to communicate with the Agricultural are 6 percent for U.S. bank obligations Stabilization and Conservation Service,

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5470 NOTICES

USDA, Washington, D.C. 20250, with For all exportations, one of the des­ (3) A ll classes will be sold for application respect to all commodities or—for speci­ tination control statements specified in to barter contracts entered into pursuant to fied commodities—with the designated Commerce Department Regulations invitations for barter offers dated prior to ASCS commodity office. (Comprehensive Export Schedule August 26, 1966. However, CCC-owned wheat Commodity Credit Corporation re­ will not be sold for barter at west coast ports § 379.10(c)) is required to be placed nor will evidence of export at west coast ports serves the right to amend from time to on all copies of the shipper’s export be acceptable under a sale for barter. time, any of its announcements. Such declaration, all copies of the bill of C. Announcement GR-262 (Revision II, amendments shall be applicable to and lading, and all copies of the commercial Jan. 9, 1961, as amended) for export as flour be made a part of the sale contracts invoices. For additional information as as follows: All classes will be sold for appli­ thereafter entered into. to which destination control statement cation to barter contracts entered into pur­ CCC reserves the right to reject any to use, the exporter should communicate suant to invitations for barter offers dated or all offers placed with it for the pur­ with the Bureau of International Com­ prior to August 26, 1966. However, sales for chase of commodities pursuant to such merce or one of the field offices of the barter will not be made at west coast ports announcements. nor will evidence of export from west coast Department of Commerce. ports be acceptable under a sale for barter CCC reserves the right to refuse to Exporters should consult the appli­ pursuant to this announcement. consider an offer, if CCC does not have cable Commerce Department regulations D. CCC will not sell wheat under An­ adequate information of financial re­ for more detailed information if desired nouncem ent GR—346 until further notice. sponsibility of the offerer to meet and for any changes that may be made Available. Chicago, Kansas City, Minne­ contract obligations of the type con­ therein. apolis and Portland ASCS offices. templated in this announcement. If a CO RN , B U LK prospective offerer is in doubt as to Sales Price or Method of Sale W H E A T B U L K Unrestricted use. whether CCC has adequate information A . Redemption of domestic payment-in­ with respect to his financial statement Unrestricted use. A. Storable. All classes of wheat in CCC kind certificates. Such CCC dispositions of to the office named in the invitation corn as CCC may designate will be in re­ prior to making an offer, or communi­ inventory are available for sale at market price but not below 115 percent of the 1967 dem ption o f certificates or rights represented cate with such office to determine price-support loan rate for the class, grade, by pooled certificates under a feed grain whether such a statement is desired in his and protein of the wheat plus the markup program. The price at which corn shall be case. When satisfactory financial re­ shown in C below applicable to the type of valued for such dispositions shall be the sponsibility has not been established, carrier involved. market price as determined by CCC, but not CCC reserves the right to consider an B. Nonstorable. At not less than market less than 115 percent of the applicable 1967 price, as determ ined by OCC. price-support loan rate * for the class, grade, offer only upon submission by offerer of and quality of the corn plus the markup a certified or cashier’s check, a bid bond, C. Markup and examples (dollars per bushel in-store) .* shown in C of this unrestricted use section. or other security, acceptable to CCC, B. General sales. assuring that if the offer is accepted, 1. Storable. Such CCC dispositions of stor­ the offerer will comply with any pro­ Markup able com as CCC may designate as general in-store sales will be made during the month at mar­ visions of the contract with respect to received by— Examples—Agricultural Act of 1949; payment for the commodity and the Stat. minimum ket price, as determined by CCC, but not less th a n th e Agricultural Act of 1949 formula furnishing of performance bond or other Truck Bailor minimum price for such sales which is 105 security acceptable to CCC. barge percent of the applicable 1967 price support Disposals and other handling of in­ rates (published loan rate plus 19 cents ventory items often result in small $0.17H $0.15 Minneapolis—No. 1 DNS ($1.55) 115 per bushel) for the class, grade, and quality quantities at given locations or in qual­ percent +$0.15; $1.94. of the com, plus the markup shown in C Portland—No. 1 SW ($1.44) 115 per­ of this unrestricted use section. ities not up to specifications. These lots cent +$0.15; $1.81. are offered by the appropriate ASCS Kansas City—No. 1 HRW ($1.43) 115 2. Nonstorable. A t n o t less than market percent +$0.15; $1.80. price as determined by CCC. office promptly upon appearance and Chicago—No. 1 RW ($1.47) 115 per­ C. Markups and examples (dollars per therefore, generally, they do not appear cent +$0.15; $1.85. bushel in-store 1 basis No. 2 yellow com 14 in the Monthly Sales Lost. percent M.T. 2 percent F.M.). On sales for which the buyer is re­ Export. A. CCC will sell limited quantities of Hard quired to submit proof to CCC of expor­ Markup in­ tation, the buyer shall be regularly Red Winter and Hard Red Spring wheat at store west coast ports at domestic market price received by— Examples engaged in the business of buying or levels for export under Announcement GR- selling commodities and for this purpose 345 (Revision IV, Oct. 30, 1967, as amended) Truck • shall maintain a bona fide business office as follows: in the United States, its territories or (1) Offers will be accepted subject to the $0.13 Feed grain program domestic PIE purchasers’ furnishing the Portland ASCS certificate minimums: possessions and have a person, principal, McLean County, 111. ($1.08+$0.02H) or resident agent upon whom service of Branch Office with a Notice of Sale contain­ 115 percent +$0.13; $1.41. , . judicial process may be had. ing the same information (excluding the Agricultural Act of 1949; stat. mini­ subsidy acceptance number) as required by mums: _ Prospective buyers for export should . exporters who wish to receive an export pay­ McLean County, HI. ($1.08+$0.Q2H +$0.19): 105 percent +$0.13; $1.49. note that generally, sales to U.S. Gov­ ment under GR-345. The Notice of Sale must ernment agencies, with only minor be furnished to the Commodity Office within exceptions will constitute domestic un­ 5 calendar days after the date of purchase. ' Available. Chicago, Kansas City, Minne­ restricted use of the commodity. (2) Sales will be made only to fill dollar apolis, and Portland ASCS grain offices. market sales abroad and exporter must show Export. Corn from CCC inventory is not Commodity Credit Corporation re­ available for export sale. serves the right, before making any export from the west coast to a destination west of the 170th meridian, west longitude, GRAIN SORGHUM (BULK) sales, to define or limit export areas. and east of the 60th meridian, east longitude, The Department of Commerce, Bureau and to countries op the west coast of Central Unrestricted use. and South America. A. Redemption of domestic payment-in- of International Commerce, pursuant to kind certificates. Such C C C dispositions of B. CCC will sell wheat for export under regulations under the Export Control grain sorghum as C C C m ay designate will be Announcement GR-261 (Revision n , Jan. 9, Act of 1949, prohibits the exportation in redemption of certificates or rights rePrf\ or reexportation by anyone of any com­ 1961, as amended and supplemented) sub­ sented by pooled certificates under a feed modities under this program to Cuba, ject to the follow ing: grain program. The minimum price at which the Soviet Bloc, or Communist-con­ (1) All classes will be sold subject to offers grain sorghum shall be valued for such which include the price at which the buyer dispositions shall be market price, as de­ trolled areas of the Far East including proposes to purchase the wheat. Communist China, North Korea, and the termined by C C C , but not less than Ho (2) All classes will be sold to fill dollar percent of the applicable 1967 price-support Communist-controlled area of Viet Nam market sales abroad and exporter must show loan rate 3 for the class, grade, and quality except under validated license issued by export from the west coast to a destination of the grain sorghum, plus the markup the U.S. Department of Commerce, within the geographical limitation shown in shown in C of this unrestricted use section Bureau of International Commerce. A (2) above. applicable to the type of carrier involved.

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5 4 7 1

B. General sales. rate plus the markup referred to in B of the Sales will be made pursuant to the follow­ 1. Storable. Such CCC dispositions of stor­ unrestricted use section for barley. Sales ing announcement: able grain sorghum as CCC m ay designate as will be made pursuant to the following A. Announcement GR-212 (Revision 2, general sales will be made during the month announcement: Jan. 9, 1961) for cash or other designated at market price, as determined by CCC, b u t A. Announcement GR-212 (Revision 2,sales. not less than the Agricultural Act of 1949 Jan. 9, 1961) for cash or other designated Available. Chicago, Kansas City, Portland, formula m i n i m u m price for such sales which sales. and Minneapolis ASCS grain offices. Available. Chicago, Kansas City, Minne­ is 105 percent of the applicable 1967 price- RICE, ROUGH support rate2 (published loan rate plus 34 apolis, and Portland grain offices. Unrestricted use. cents per hundredweight) for th e class, OATS, B U LK grade, and quality of the grain sorghum, plus Market price but not less than 1967 loan the markup shown in C of this unrestricted Unrestricted use, rate plus 5 percent plus 0.38 cents per hun­ use section applicable to the type of carrier A. Market price, as determined by CCC, dredweight, basis in store. involved. but not less than 115 percent of the applica­ Export. As milled or brown under An­ 2. Nonstorable. At not less than market ble 1967 price-support rate2 for the class, nouncement GR-369, Revision III, as amend­ price as determined by CCC. grade, and quality of the oats plus the ed, Rice Export Program. C. Markups and examples (dollars per hun­ markup shown in B below. Available. Prices, quantities, and varieties dredweight in-store1 No. 2 or better). B. Markups and examples (dollars per of rough rice available from Kansas City bushel in-store1 Basis No. 2 XHWO). ASCS Com m odity Office.

Markup in-store COTTON, UPLAND received by— Examples Markup in­ Unrestricted use. store received Examples—Agricultural Act of 1949; A. Competitive offers under the terms and Truck b y - Rail or Stat. m in i m u m barge conditions of Announcement NO-C-32 (Sale of Upland Cotton for Unrestricted Use). Track Uifder this announcement, upland cotton $0.22)4 $0.17% Feed grain -program domestic PIK acquired under price-support programs will certificate minimums: Hale County, Tex. ($1.59) 115 per­ $0.17)4 Redwood County, Minn. ($0.60+$0.03 be sold at the highest price offered but in no quality differential); 115 percent cent +$0.22>4; $2.0554. event at less than the higher of (a) 110 per­ +$0.17)4; $0.90)4. Kansas City, Mo. (ex-rail) ($1.85) cent of the current loan rate for such cotton, 115 percent +$0.17)4; $2.30)4. or (b) the market price for such cotton, as Agricultural Act of 1949; stat. mini­ mums: C. Nonstorable. At not less than the marketdetermined by CCC. Hale County, Tex. ($1.59+$0.34); price as determined by CCC. B. Competitive offers under the terms and 105 percent +$0.22)4; $2.25)4. • Export. Sales are made at the higher of the conditions of Announcement NO-C-31 (Dis­ Kansas City, Mo. (ex-rail) ($1.85 +$0.34); 105 percent +$0.17)4; domestic market price, as determined by position of Upland Cotton— In Redemption $2.47)4. CCC, or 115 percent of the applicable 1967 of Payment-In-Kind Certificates or Rights in price-support loan rate plus carrying charges Certificate Pools, In Redemption of Export Commodity Certificates, Against the “Short­ Export. Sales are made at the higher of in section B. The statutory minimum price fall,” and Under Barter Transactions), as the domestic market price, as determined by referred to in the price adjustment provi­ amended. Cotton may be acquired for imme­ CCC, or 115 percent of the applicable 1967 sions of the following export sales announce­ diate delivery at its current market price, as price-support loan rate plus carrying charges ments is 105 percent of the applicable price- determined by CCC, but not less than a in section C. The statutory m inim um price support rate plus the markup referred to in B minimum price determined by CCC. Cotton referred to in the price adjustment provisions of the unrestricted use section for oats. Sales may be acquired for delivery on August 1, of the following export sales announcements will be made pursuant to the following is 105 percent of the applicable price-support announcement: 1968, at the market price for cotton for deliv­ rate plus the markup referred to in C of the A. Announcement GR-212 (Revision 2, ery at such future time, as determined by unrestricted use section for grain sorghum. Jan. 9, 1961), for application to barter con­ CCC, but not less than a minimum price Sales will be made pursuant to the following tracts and for cash or other designated sales. determined by CCC. Minimum prices for both announcement: Available. Kansas City, Chicago, Minne­ immediate and delayed delivery will in no A. Announcement GRr-212 (Revision 2,apolis, and Portland ASCS grain offices. event be less than 120 points (1.2 cents) per Jan. 9, 1961) for application to barter con­ pound above the loan rate for such cotton at tracts entered into pursuant to invitations BYE, B U L K the time it is to be delivered. for barter offers dated prior to August 26, Export. 1966, and for cash or other designated sales. Unrestricted use. CCC disposals for barter. Competitive offers A. Storable. Market price, as determined Available. Kansas City, Chicago, Minne­ under the terms and conditions of Announce­ apolis, and Portland ASCS grain offices. by CCC, but not less than the Agricultural ments CN-EX-28 (Acquisition of Upland Cot­ Act of 1949 formula price which is 115 per­ ton for Export under the Barter Program) BARLEY, BULK cent2 of the applicable 1967 price-support and NO-C-31 (described above), as amended. Unrestricted use. rate for the class, grade, and quality of the COTTON, EXTRA LONG STAPLE orvi ^orable. Market price, as determined by grain plus the markup shown in B below CCC, but not less than 115 percent of the applicable to the type of carrier involved. Unrestricted use. applicable 1967 price-support ra te 2 for th e B. Markups and examples (dollars per Competitive offers under the terms and class, grade, and quality of the barley plus bushel in-store1 No. 2 or better). conditions Of Announcements NO-C-6! (Re­ the applicable markup. vised July 22, 1960), as amended, and NO-C— B. Markups and examples (Dollars per 10, as amended. Under these announcements 1 No. 2 Markup bushel in-store or b etter). ^in-store extra long staple cotton (domestically grown) received by— Examples—Agricultural Act of 1949: will be sold at the highest price offered but in Markup in-store Stat. minimum no event at less than the higher of (a) 115 received by— percent of the current support price for such Track Rail or barge cotton plus reasonable carrying charges, or (b) the domestic market price as determined Truck Rail or barge by CCC. $0.17)4 $0.15 Rolette County, N. Dak. ($0.90); 115 Export. percent +$0.17)4; $1.21)4. $0.17)4 Minneapolis, Mins, (ex-rail) ($1.23); A. CCC sales for export. Competitive offers $0.15 Cass County, N. Dak. ($0.87); 115 115 percent +$0.15; $1.57. under the terms and conditions of Announce­ percent +$0.17)4; $1.18)4. ments CN-EX-22 (Extra Long Staple Cotton Minneapolis, Minn, (ex-rail) ($1.10); . 115 percent +$0.15; $1542. Export Program) and NO-C-27 (Sale of Extra C. Nonstorable. At not less than marketLong Staple Cotton), as amended. price as determined by CCC. B . Barter. Competitive offers under the n rirU ^l0raWe- At not less than mar] Export. Sales are made at the higher of terms and conditions of Announcement CN- 88 determined by CCC. the domestic market price, as determined by EX-27 (Acquisition of Extra Long Staple Cot­ 89168 3X6 made at’th e higher of 1 CCC, or 115 percent of the applicable 1967 ton for Export under the Barter Program), or ,, _tic “ market price, as determined by C< price-support loan rate plus carrying charges and NO-C-27 (Sale of Extra Long Staple 8un1TvLPt™ 'fct Of the applicable 1967 pri in section B. The statutory minimum price C o tto n ), as amended. section^u Plus carrying charges referred to in the price adjustment provi­ ferred tn \ statutory minimum price sions of the following export sales announce­ COTTON, UPLAND OR EXTRA LONG STAPLE of th« 'Smi J ? 16 price adjustm ent provisi« ment is 105 percent of the applicable price- Unrestricted use. is 105 ^ ° ^ export ®ales announces support rate plus the markup referred to in Competitive offers under the terms and pe cent of the applicable price-supp B of the unrestricted use section for rye. conditions of Announcement NO-C-20 (Sale

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5472 NOTICES of Special Condition Cotton). Any such cot­ C. Nonstorable. At not less than domesticPROCESSED COMMODITIES OFFICE---- (ALL STATES) ton (Below Grade, Sample Loose, Damaged market price as determined by CCC. Pickings, etc.) owned by CCC will be offered Available. Through the Minneapolis ASCS Minneapolis ASCS Commodity Office, 6400 for sale periodically on the basis of samples Branch Office. France Avenue South, Minneapolis. M inn representing the cotton according to sched­ DAIRY PRODUCTS 55435. Telephone: Area Code 612, 334-320o! ules issued from time to time by CCC. COTTON OFFICE---- (ALL STATES) Availability information. Sales are in carlots only in-store at stor­ age location of products. Sale of cotton will be made by the New New Orleans ASCS Commodity Office, Wirth Submit offers to the Orleans ASCS Com m odity Office. Sales an ­ Submission of offers. Building, 120 Marais Street, New Orleans M inneapolis ASCS Com m odity Office. nouncements, related forms and catalogs for La. 70112. Telephone: 527-7766. upland cotton and extra long staple cotton NONFAT DRY MILK GENERAL SALES MANAGER OFFICES showing quantities, qualities and location may be obtained for a nominal fee from that Unrestricted use. Representative of General Sales Manager, office. Announced prices, under MP-14: Spray New Y ork Area: Joseph Reidinger, 80 process, U.S. Extra Grade, 25.40 cents per PEANUTS, SHELLED Lafayette Street, New York, N.Y. 10013. pound packed in 100-pound bags and 25.65 Telephone: 264-8439, 8440, 8441. When stocks are available in their area of cents per pound packed in 50-pound bags. Representative of General Sales Manager, responsibility, the quantity, type, and grade Export. Announced prices, under MP—23, W est Coast Area: Callan B. Duffy, Ap­ offered and whether for restricted or unre­ pursuant to invitations issued by Minne­ praisers’ Building, Room 802, 630 San- stricted use are announced in weekly lot lists apolis ASCS Com m odity Office. Invitations some Street, San Francisco, Calif. 94111, are invitations to bid issued by the following: will indicate the type of export sales author­ Telephone: 556-6185. GPA Peanut Association, Camilla, Ga. ized, the announced price and the period of Peanut Growers Cooperative Marketing As­ time such price will be in effect. ASCS STATE OFFICES sociation, Franklin, Va. Illinois, Room 232, U 8 . Post Office and Court­ BUTTER Southwestern Peanut Growers’ Associa­ house, Springfield, 111. 62701. Telephone: tion, Gorman, Tex. Unrestricted use. Area Code 217, 525-4180. A. Restricted use sales. Announcement Announced prices, under MP-14: 74 cents Indiana, R oom 110, 311 W est Washington PR—1 as amended, and the lot list contain per pound—New York, Pennsylvania, New Street, Indianapolis, Ind. 46204.’Telephone: terms and conditions of sales restricted to Jersey, New England, and other States bor­ Area Code 317, 633-8521. domestic or export. dering the Atlantic Ocean and Gulf of Iowa, Room 937, Federal Building, 210 Wal­ 1. Shelled peanuts of less than U.S. No. 1 Mexico. 73.25 cents per pound— Washington, grade may be purchased for foreign or do­ Oregon, and California. All other States 73 n u t Street, Des Moines, Iowa 50309. Tele­ mestic crushing. cents per pound. phone: Area Code 515, 284r-4213. All sales are made on the basis of com­ CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Kansas, 2601 Anderson Avenue, Manhattan, petitive bids each Wednesday, by the Pro­ Kans. 66502. Telephone: Area Code 913, ducer Associations Division, Agricultural Unrestricted use. JE 9-3531. Stabilization and Conservation Service, Announced prices, under MP-14 : 52.750 Washington, D.C. 20250, to which all bids are cents per pound— New York, Pennsylvania, Michigan, 1405 South Hanson Road, Kast subm itted. New England, New Jersey, and other States Lansing, Mich. 48823. Telephone: Area TUNG OIL bordering the Atlantic Ocean and Pacific Code 517, 372-1910. Unrestricted use. Ocean and the Gulf of Mexico. All other Missouri, I.O.O.F. Building, 10th and Wal­ States 51.750 cents per pound. Sales are made periodically on a competi­ nut Streets, Columbia, Mo. 65201. Tele­ tive bid basis. Bids are submitted to the FOOTNOTES phone: Area Code 314, 442-3111. Producer Association Division, Agricultural 1 The formula price delivery basis for bin- Minnesota, Federal Building and U.S. Court­ Stabilization and Conservation Service, Washington, D.C. 20250. site sales will be f .o.b. house, 1821 University Avenue, St. Paul, 2 Round product up to th e nearest cent. The quantity offered and the date bids are Minn. 55104. Telephone: Area Code 612, to be received are announced to the trade U SDA Agricultural Stabilization and Co n ­ 228-7651. in notices of Invitation to Bid, issued by the servation Service Offices M ontana, Post Office Box 670, U.S.P.O. and National Tung Oil Marketing Cooperative, Federal Office Building, Bozeman, Mont. Inc., Poplarville, Miss. 39470. GRAIN OFFICES 59715. Telephone: Area Code 406, 587-4511, Terms and conditions of sale are as set Kansas City ASCS Commodity Office, 8930 forth in Announcement NTOM-PR-4 of Ward Parkway (Post Office Box 205), Ext. 3271. April 6, 1967, as amended, and the applica­ Kansas City, Mo. 64141. Telephone: Nebraska, Post Office Box 793, 5801 O Street, ble Invitation to Bid. Emerson 1-0860. Lincoln, Nebr. 68501. Telephone: Area Code Bids will include, and be evaluated on the Alabama, Alaska, Arizona, Arkansas, Colo­ basis of, price offered per pound f.o.b. storage 402, 475-3361. rado, Florida, Georgia, Hawaii, Kansas, North Dakota, Post Office Box 2017, 15 South location. For certain destinations, CCC will Louisiana, Mississippi, Missouri, Ne­ as provided in the Announcement, as braska, Nevada, New Mexico, North 21st Street, Fargo, N. Dak. 58103. Tele­ amended, refund to the buyer a “¡freight Carolina, Oklahoma, South Carolina, phone: Area Code 701, 237-5205. equalization” allowance. Tennessee, Texas, and Wyoming (do­ Ohio, Room 202, Old Federal Building, Co­ Copies of the Announcement or the Invi­ mestic and export), California (domestic lum bus, Ohio 43215. Telephone: Area Code tation may be obtained from the Cooperative o n ly ). 614, 469-5644. or Producer Associations Division, ASCS, Branch Office— Chicago ASCS Branch Office, Telephone Washington, D.C., area code 202, 226 West Jackson Boulevard, Chicago, South Dakota, Post Office Box 843, 239 Wis­ DU 8-3901. „ 111. 60604. Telephone: Long Distance— consin Street SW., Huron, S. Dak. 57350. FLAXSEED, BULK Area Code 312, 353—6581. Local— 353— Telephone: Area Code 605, 352-8651, Ext.. Unrestricted use. 6581. 321 or 310. Connecticut, Delaware, Illinois, Indiana, A. Storable. Domestic market price but not W isconsin, Post Office Box 4248, 4601 Ham- less than the applicable 1967 support price Iowa, Kentucky, Maine, Maryland, Mas­ mersley Road, Madison, Wis. 53711. Tele­ for the class, grade, and quality of flaxseed sachusetts, Michigan, New Hampshire, plus 14% cents per bushel, and plus the New Jersey, New York, Ohio, Pennsyl­ phone: Area Code 608, 254-4441, Ext. 7535. respective markup shown in B below appli­ vania, Rhode Island, Virginia, Vermont, (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. cable to the type of-carrier involved. and W est Virginia. B. Markups and examples (dollars per Branch Office— M inneapolis ASCS Branch 714b. Interpret or apply sec. 407, 63 Stat. bushel in-store1). Office, 310 Grain Exchange Building, 1066; sec. 105, 63 Stat. 1051, as amended by 76 Minneapolis, Minn. 55415. Telephone: Stat. 612; secs. 303, 306, 307, 76 Stat.614-617; 334-2051. Markup per Examples of minimum prices 7 US.C. 1441 (note)) bushel (ex-rail or barge) Minnesota, Montana, North Dakota, South received by— Dakota, and Wisconsin. Signed at Washington, D.C., on April 2, Branch Office— Portland ASCS Branch Office, 1968. Truck Rail or Terminal Class and Price 1218 Southwest Washington Street, E. A. Jaenke, barge grade Portland, Oreg. 97205. Telephone: 226— Acting Executive Vice President, 3361. Commodity Credit Corporation. Idaho, Oregon, Utah, and Washington Cents Cents [F.R. Doc. 68-4167; Filed, Apr. 5, 196« $0.19% $0.15% Minneapolis... No. 1...... $3.44% (domestic and export sales), California ' (export sales only). 8 :4 8 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5473

Hearst Avenue, Berkeley, Calif. 94720. 1 Parabolic antenna with feed and base DEPARTMENT OF COMMERCE Article: Microwave generator, Model (AS29/AB—51). CO-40B. Manufacturer: Compagnie 1 Stabilized platform for antenna (AB-52). Business and Defense Services 1 Modulator-transmitter-receiver (RTMD- Generale de Telegraphic Sansfil, France. 11A). Administration Intended use of article: The article will 1 Tracking and servo unit (TD -5). BOSTON UNIVERSITY ET AL. be used as a replacement for three exist­ 1 Stabilization cabinet (OA-50). ing tubes in a polarized proton target 1 Operating and display console (IP-40A). Notice of Applications for Duty-Free used in high energy physics experiments 1 Data presentation unit (OA-51). in conjunction with the laboratory’s 1 Pressurization unit (H D -9). Entry of Scientific Articles 1 North stabilizing unit (TG-14SM ). Bevatron accelerator, 184-inch synchro­ 1 Verticle reference gyro (W O-256-163/12). The following are notices of the re­ cyclotron, and the Stanford linear ac­ ceipt of applications for duty-free entry 3 Ward-Leonard groups (1 each 71G—063— celerator. Application received by Com­ G80) (2 each 71G-119-G803), of scientific articles pursuant to section missioner of Customs: March 19, 1968. < 2 Transformers (MT-2257, MT-2258). 6(c) of the Educational, Scientific, and 1 Frequency converter (ACMA-150). Cultural Materials Importation Act of Charley M. D enton, 1 Data printing unit (OA-26). 1966 (Public Law 89-651; 80 Stat. 897). Director, Office of Scientific and 1 Performance monitor (114/311). Interested persons may present their Technical Equipment, Busi­ 1 Reflection plotting set (STO-5518.G1). views with respect to the question of ness and Defense Services 1 Optical director (O ZC-1). whether an instrument or apparatus of Administration. 1 Automatic radar scope camera and sup­ port (MEM—44.5504.G1). equivalent scientific value for the pur­ {F.R. Doc. 68-4133; Filed, Apr. 5, 1968; 5 Instruction handbooks. poses for which the article is intended to 8:4 5 a m .] 1 Installation materials (set of cables, be used is being manufactured in the wave guides, etc.). United States. Such comments must be 1 Spare parts kit. filed in triplicate with the Director, Of­ ENVIRONMENTAL SCIENCE SERVICES Manufacturer: Selenia, Italy. Intended fice of Scientific and Technical Equip­ ADMINISTRATION AND UNIVER­ use of article: The article will be used ment, Business and Defense Services Ad­ for participation in meteorological- ministration, Washington, D.C. 20230, SITY OF TEXAS oceanographic research projects related within 20 calendar days after date on Notice of Applications for Duty-Free to the Global Atmospheric Research which this notice of application is pub­ Entry of Scientific Articles Program. Application received by Com­ lished in the Federal R egister. missioner of Customs: March 21, 1968. Regulations issued under cited Act, The following are notices of the re­ Docket No. 68-00467-33-46040. Appli­ published in the February 4, 1967, issue ceipt of applications for duty-free entry cant: The University of Texas, Medical of the Federal R egister, prescribe the of scientific articles pursuant to section School at San Antonio, 715 Stadium requirements applicable to comments. 6(c) of the Educational, Scientific, and Drive, San Antonio, Tex. 78229. Article: A copy of each application is on file, Cultural Materials Importation Act of Electron microscope, Model EM6B and and may be examined during ordinary 1966 (Public Law 89-651; 80 Stat. 897). accessories. Manufacturer: GEC-AEI Commerce Department business hours at Interested persons may present their Electronics, Ltd., United Kingdom. In­ the Office of Scientific and Technical views with respect to the question of tended use of article: The article will be Equipment, Department of Commerce, whether an instrument or apparatus of used for biological research in the fol­ Room 5123, Washington, D.C. equivalent scientific value for the pur­ lowing areas: A copy of each comment filed with the poses for which the article is intended to a. Ultrastructural studies of steroid- Director of the Office of Scientific and be used is being manufactured in the secreting cells with emphasis on enzy­ Technical Equipment must also be United States. Such comments must be mailed or delivered to the applicant, or matic control of steroidogenesis. filed in triplicate with the Director, b. Studies of catecholamines and in­ its authorized agent, if any, to whose Office of Scientific and Technical Equip­ application the comment pertains; and dole amines and their localization within ment, Business and Defense Services cells of the central nervous system. the comment filed with the Director must Administration, Washington, D.C. 20230, certify that such copy has been mailed c. Medical student, pre and post doc­ within 20 calendar days after date on toral training in electron microscopy. or delivered to the applicant. which this notice of application is pub­ Docket No. 68-00451-33-46040. Appli­ lished in the Federal R egister. Application received by Commissioner of cant: Boston University, School of Customs: March 21, 1968. Medicine, 15 Stoughton Street, Boston, Regulations issued under cited Act, Mass. 02118. Article: Electron micro­ published in the February 4, 1967, issue Charley M. D enton, scope, Model EM6B. Manufacturer: of the F ederal R egister, prescribe the Director, Office of Scientific and GEC-AEI Electronics, Ltd., United King­ requirements applicable to comments. Technical Equipment, Busi­ dom. Intended use of article: The article A copy of each application is on file, ness and Defense Services Ad­ will be used for biological research in the and may be examined during ordinary ministration. field of Neuroanatomy in which morpho­ Commerce Department business hours at [F.R. Doc. 68-4134; Filed, Apr. 5, 1968; logical studies on the structure of the Office of Scientific and Technical 8 :4 5 a.m.] neurons and their processes will be con­ Equipment, Department of Commerce, ducted. Application received by Com­ Room 5123, Washington, D.C. missioner of Customs: March 19, 1968. A copy of each comment filed with PENNSYLVANIA STATE UNIVERSITY Docket No. 68-00452-75-44500. Appli­ the Director of the Office of Scientific cant: University of Chicago, Argonne and Technical Equipment must also be Notice of Decision on Application for national Laboratory, 9700 South Cass mailed or delivered to the applicant, or Duty-Free Entry of Scientific Article Avenue, Argonne, 111. 60439. Article: Re­ its authorized agent, if any, to whose The following is a decision on an appli­ search Metallograph, Model MM-5-RT. application the comment pertains; and cation for duty-free entry of a scientific Manufacturer: Ernst Leitz GMBH, West the comment filed with the Director article pursuant to section 6(c) of the Germany. Intended use of article: The must certify that such copy has been Educational, Scientific, and Cultural Ma­ T-flr 6 be used to examine highly mailed or delivered to the applicant. terials Importation Act of 1966 (Public aaioactive experimental fuel materials Docket No. 68-00466-56-54100. Appli­ Law 89-651; 80 Stat. 897) and the regula­ hwFríUC*ear reac^°rs. Application received cant: Environmental Science Services tions issued thereunder (32 F.R. 2433 et 19680mmiSSi°ner °f Customs: March 19, Administration, Administration Opera­ seq.). A copy of the record pertaining to this 68-00453-98-34040. Appli- tions Division, Rockville, Md. 20852. decision is available for public review p ,y University of California, Lawrence Article: Meteorological radar set con­ during ordinary business hours of the «aoiation Laboratory, East End of sisting of: Department of Commerce, at the Office

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5474 NOTICES

of Scientific and Technical Equipment, which this notice of application is pub­ UNIVERSITY OF CALIFORNIA Department of Commerce, Room 5123, lished in the Federal R egister. AT DAVIS ET AL. Washington, D.C. 20230. Regulations issued under cited Act, Docket No. 68-00323-30-69500. Appli­ published in the February 4, 1967 issue Notice of Applications for Duty-Free cant : The Pennsylvania State University, of the F ederal R egister, prescribe the Entry of Scientific Articles Department of Physics, 101 Osmond requirements applicable to comments. Laboratory, University Park, Pa. 16802. A copy of each application is on file, The following are notices of the re­ Article: Micro-Color-Pyrometer and ac­ and may be examined during ordinary ceipt of applications for duty-free entry cessories, Design A No. 2884. Manufac­ Commerce Department business hours at of scientific articles pursuant to section turer: Pyro-Werk G.M.B.H., West Ger­ the Office of Scientific and Technical 6(c) of the Educational, Scientific, and many. Intended use of article: The article Equipment, Department of Commerce, Cultural Materials Importation Act of will be used for investigating the surface Room 5123, Washington, D.C. 1966 (Public Law 89-651; 80 Stat. 897), and emission properties of several types A copy of each comment filed with Interested persons may present their of solids, for example, the surface prop­ the Director of the Office of Scientific views with respect to the question of erties of nickel oxide, silicon, selenium, and Technical Equipment must also be whether an instrument or apparatus of and tellurium. Within this program the mailed or delivered to the applicant, or equivalent scientific value for the pur­ temperature of many hot objects of small its authorized agent, if any, to whose poses for which the article is intended dimension has to be measured as pre­ application the comment pertains; and to be used is being manufactured in the cisely as possible. Comments: No com­ the comment filed with the Director United States. Such comments must be ments have been received in respect to must certify that such copy has been filed in triplicate with the Director, this application. Decision: Application mailed or delivered to the applicant. Office of Scientific and Technical Equip­ approved. No instrument or apparatus of Docket No. 68-00441-33-11000. Appli­ ment, Business and Defense Services equivalent scientific value to the foreign cant: Purdue University, Lafayette, Ind. Administration, Washington, D.C. 20230, article, for the purposes for which such 47907. Article: Combined gas chromato­ within 20 calendar days after date on article is intended to be used, is being graph-single focusing mass spectrom­ which this notice of application is pub­ manufactured in the United States. eter Model LKB 9000. Manufacturer: lished in the Federal R egister. Reasons: The foreign article has a two- LKB Produkter AB, Sweden. Intended Regulations issued under cited Act, color capability and provides potentio- use of article: The article will be used published in the February 4, 1967, issue metric indications of temperature. We for simultaneous resolution and analysis of the F ederal R egister, prescribe the know of only one comparable domestic of complex biological materials in the requirements applicable to comments. instrument the “Thermoscope” manu­ solution of a broad spectrum of biologi­ A copy of each application is on file, factured by Milletron Incorporated. The cal problems. Application received by and may be examined during ordinary “ Thermoscope” does provide two-color Commissioner of Customs: March 13, Commerce Department business hours capability. However this domestic in­ 1968. at the Office of Scientific and Technical strument does not provide a poteritio- Docket No. 68-00460-33-46500. Appli­ Equipment, Department of Commerce, metric temperature indicator. We find cant: Sinai Hospital of Baltimore, Inc., Room 5123, Washington, D.C. that for the purposes for which the for­ Belvedere and Greenspring Avenues, A copy of each comment filed with the eign article is intended to be used, the Baltimore, Md. 21215. Article: LKB Director of the Office of Scientific and Potentiometrie temperature indicator is 8800A Ultrotome III ultramicrotome. Technical Equipment must also be mailed pertinent. Manufacturer: LKB Produkter AB, or delivered to the applicant, or its au­ Sweden. Intended use of article: The thorized agent, if any, to whose applica­ The Department of Commerce knows tion the comment pertains; and the com­ of no other instrument or apparatus of article will be used in developing new histochemical methods for a variety of ment filed with the Director must certify equivalent scientific value to the foreign that such copy has been mailed or deliv­ article, for the purposes for which such enzymes and functional groups of macromolecules that can be used with ered to the applicant. article is intended to be used, which is Docket No. 68-00463-67-46040. Appli­ being manufactured in the United States. the electron microscope. Application re­ ceived by Commissioner of Customs: cant: University of California at Davis, Charley M. D enton, March 19,1968. College of Engineering, Davis, Calif. Director, Office of Scientific and 95616. Article: Electron microscope, Technical Equipment, Busi­ Docket No. 68-00461-33-46500. Appli­ Model JEM-7A and ALG-1 goniometer ness and Defense Services Ad­ cant: Stanford University, Department stage. Manufacturer: Japan Electron ministration. of Biological Sciences, Stanford, Calif. Optics Laboratory, Ltd., Japan. Intended 94305. Article: LKB 8800A Ultrotome use of article: The article will be used ]F.R. Doc. 68-4135; Filed, Apr. 5, 1968; III ultramicrotome with thermal ad­ 8 :4 5 a.m.] for particle size of emulsions and metal vance. Manufacturer: LKB Produkter crystallites, and dislocation studies in bcc AB, Sweden. Intended use of article: metals by large angle sample rotation. The article will be used for the prepara­ PURDUE UNIVERSITY ET AL. Application received by Commissioner of tion of ultrathin sections of biological Customs: March 20,1968. specimens for examination in an elec­ Notice of Applications for Duty-Free tron microscope. Application received by Docket No. 68-00464-33-46040. Appli­ Entry of Scientific Articles Commissioner of Customs: March 19, cant: University of California, 405 Hil- 1968. gard Avenue, Los Angeles, Calif. 90024. The following are notices of the re­ Article: Electron- microscope, Model ceipt of applications for duty-free entry Docket No. 68-00462-60-32500. Appli­ Elmiskop IA. Manufacturer: Siemens, of scientific articles pursuant to section cant: University of Nebraska, Lincoln, AG, West Germany. Intended use of 6(c) of the Educational,. Scientific, and Nebr. 68508. Article: Infrared gas article: The article will be used in a wide Cultural Materials Importation Act of analyzer, Model SB2. Manufacturer: Sir variety of basic research projects, partic­ 1966 (Public Law 89-651; 80 Stat. 897). Howard Grubb Parsons & Co., Ltd., ularly in studies of ocular tissues and Interested persons may present their United Kingdom. Intended use of arti­ viruses. Application received by Com* views with respect to the question of cle: The article will be used to detect missioner of Customs: March 20, 1968. small changes in the concentration of whether an instrument or apparatus of Docket No. 68-00465-33-43420. Appli­ equivalent scientific value for the pur­ COa in the air which is passing over leaf surfaces. Application received by Com­ cant: State University of New York at poses for which the article is intended missioner of Customs: March 20, 1968. Buffalo, 3435 Main Street, Buffalo, N.Y. to be used is being manufactured in the Article: Jena sliding micromanipulator. United States. Such comments must be Charley M. D enton, Manufacturer: Preislers Optiska Insti- Director, Office of Scientific and tut A.B., Sweden. Intended use of article. filed in triplicate with the Director, Technical Equipment, Busi­ The article will be used for research ana Office of Scientific and Technical Equip­ ness and Defense Services research training for microdissection 0 ment, Business and Defense Services Administration. muscle fibers. Application received oy Administration, Washington, D.C. 20230, [F.R. Doc. 68-4136; Filed, Apr. 5, 1968; Commissioner of Customs: March * > within 20 calendar days after date on 8 :4 5 a.m .] 1968.

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5475

Docket No. 68-00468-33-90000. Appli­ necticut Avenue NW., Washington, D.C., and $16.15, respectively, were both cant: Harvard Medical School, Massa­ before the undersigned examiner. rounded upward to the present $17 level; chusetts General Hospital, Fruit Street, For information concerning the issues that the lack of a reasonable spread be­ Boston, Mass. 02114. Article: Rotating involved and other details in this pro­ tween first-class and coach dates back anode assembly, No. 4353/Cu. Manufac­ ceeding, interested persons are referred to February 15, 1959, at which time jet turer: Rigaku-Denki Company, Ltd., to the examiner’s report of prehearing fares were established on the basis of Japan. Intended use of article: The ar­ conference served March 27, 1968, and prevailing reduced propeller fares; that ticle will be used for X-ray diffraction of other documents which are in the docket it had considered a reduction of the fibrous proteins and other biophysical of this proceeding on file in the Docket $16.15 jet coach fare to $16, but did not systems. Application received by Com­ Section of the Civil Aeronautics Board. do so because the fare was 6.65 percent missioner of Customs: March 22,1968. below the industry’s average; that the Dated at Washington, D.C., March proposed first-class fare of $19 would Docket No. 68-00469-33-68200. Ap­ 29,1968. plicant: State University of New York at be equal to the present jet first-class Buffalo, 3435 Main Street, Buffalo, N.Y. [ s e a l ] H y m a n G o ld ber g , fare of Eastern Air Lines, Inc.; and that, 14214. Article: Specially constructed Hearing Examiner. exclusive of minimum fares, it does not microinfusion pump. Manufacturer: In­ [F.R. Doc. 68-4158; Filed, Apr. 5, 1968; have any other city-pairs where the jet stitute of Physiology, University of Lund, 8 :4 7 a m .] first-class and coach fares are equal. Sweden. Intended use of article: The Finally, Continental contends that while article will be used for research and it has some short-haul markets which training for injection of drugs into [Docket No. 19624] have a $1 differential and other longer- haul markets which have a $2 differ­ animals. Application received by Com­ BRITISH EAGLE AVIATION, LTD. . missioner of Customs: March 22,1968. ential, it believes the proposed $2 dif­ Docket No. 68-00470-00-46040. Appli­ Notice of Hearing ferential between jet first-class and cant: Baylor University, College of Medi­ coach fares is reasonable and proper in Notice is hereby given, pursuant to this instance. Braniff states only that cine, 1200 Moursund Avenue, Houston, the provisions of the Federal Aviation Tex. 77025. Article: Universal plate and Continental’s justification is also ap­ Act of 1958, as amended, that a hearing plicable in its behalf. film camera. Manufacturer: Siemens AG, in the above-entitled proceeding will be West Germany. Intended use of article: Upon consideration of all relevant held on April 23, 1968, at 10 a.m., e.s.t., matters, the Board has determined that The article will be used as an electron in Room 911, Universal Building, 1825 microscope accessory. Application re­ the proposed tariff revisions may be un­ Connecticut Avenue NW., Washington, just or unreasonable, or unduly discrim­ ceived by Commissioner of Customs: D.C., before the undersigned examiner. March 22,1968. inatory, or unduly preferential, or unduly For information concerning the issues prejudicial, or otherwise unlawful, and Docket No. 68-00471-33-46500. Appli­ involved and other details in this pro­ cant: Vanderbilt University, 21st Avenue should be investigated. The proposed jet ceeding, interested persons are referred first-class fare constitutes an increase in South, Station 17, Nashville, Tenn. 37203. to the examiner’s report of prehearing Article: LKB 8801A Ultrotome IH ultra­ price in this market on the basis only of conference served March 21, 1968, the a fare structure adjustment and without microtome. Manufacturer: LKB Pro- examiner’s ruling of March 25,1968, and dukter AB, Sweden. Intended use of any demonstration of overall need for a other documents which are in the docket revenue increase at the present time or article: The article will be used to identi­ of this proceeding on file in the Docket fy pathological and biochemical lesions the costs of service in this market.* The peculiar to copper deficiency in the pri­ Section of the Civil Aeronautics Board. Board therefore concludes that the pro­ mate. Application received by Commis­ Dated at Washington, D.C., April 2, posed fare increase should he suspended sioner of Customs: March 22, 1968. 1968. pending investigation. Docket No. 68-00472-33-46500. Appli­ Accordingly, pursuant to the Federal [ s e a l ] H y m a n G o ld b er g , cant: Georgia Institute of Technology, Hearing Examiner. Aviation Act of 1958, particularly sec­ 225 North Avenue NW., Atlanta, Ga. tions 204(a), 403, 404, and 1002 thereof: "30332. Article: Reichert thermal advance [FJR. Doc. 68-4159; Filed, Apr. 5, 1968; It is ordered, That: ultramicrotome “Om U2.” Manufacturer: 8 :4 7 a m .] 1. An investigation be instituted to C. Reichert Optische Werke A.G., Aus­ determine whether the jet first-class tria. Intended use of article: The article [Docket No. 19799; Order No. E-26607] fares and provisions applying between will be used for sectioning sections of Houston and San Antonio, on 11th Re­ bone-containing tissue about 600 Ang­ CONTINENTAL AIR LINES, INC., AND vised Page 83 and 8th Revised Page 104 strom units in thickness for electron BRANIFF AIRWAYS, INC. of Airline Tariff Publishers, Inc., Agent’s microscopy. Application received by CAB No. 101, and rules, regulations, and Commissioner of Customs: March 22, Order of Investigation and Suspension practices affecting such fares and pro­ 1968. Regarding Jet-Class Fare Increase visions, are or will be unjust or unreason­ able, unjustly discriminatory, unduly C h a r l e y M . D e n t o n , Between Houston and San Antonio preferential, unduly prejudicial, or other­ Director, Office of Scientific Adopted by the Civil Aeronautics and Technical Equipment, wise unlawful, and if found to be un­ Board at its office in Washington, D.C., lawful, to determine and prescribe the Business and Defense Services on the 3d day of April 1968. Administration. lawful fares and provisions, and rules, By tariff revisions,1 marked to become regulations, or practices affecting such [F.R. Doc. 68-4137; Filed, Apr. 5, 1068; effective April 5 and 13, 1968,.Conti­ fares and provisions; 8:45 am.] nental Air Lines, Inc. (Continental), and Braniff Airways, Inc. (Braniff), pro­ 2. Pending hearing and decision by the pose to increase their respective jet Board, the jet first-class fares and pro­ first-class fare between Houston and visions applying between Houston and CIVIL AERONAUTICS BOARD San Antonio from $17 to $19. The tariff San Antonio, on 11th Revised Page 83 and 8th Revised Page 104 of Airline Tar­ [Docket No. 19632] filings are not marked with an expiry date and no complaints have been filed. iff Publishers, Inc., Agent’s CAB No. 101, AERO O /Y (FINNAIR) In support of its filing, Continental are suspended and their use deferred to asserts that as a result of the fare and including July 3, 1968, unless other­ Notice of Hearing rounding permitted by the Board* the wise ordered by the Board, and that no ~„No^ce k hereby given, pursuant to tl: jet first-class and coach fares of $16.70 3 We would see no objection, however, in rrf°inl1 1968, at 10 a.m., e.s.t., i Continental; and Mar. 14, 1968, for Braniff. the coach fare along with the increase in the °°m 911, Universal Building, 1825 Coi * Order E-26254, Jan. 18,1968. first-class fare.

No. 68' ■ 8 FEDERAL REGISTER, V O L 33, NO. 68— SATURDAY, APRIL 6, 1968 5476 NOTICES

changes be made therein during the pe­ By Order E-25202, May 26, 1967, the Finally, TWA asserts that it is not a riod of suspension except by order or Board directed all interested persons to newcomer in a great number of major special permission of the Board; show cause why the Board should not San Diego-East markets and that there­ 3. This investigation be assigned for amend the certificate of public conven­ fore the Board’s policy in the Service to hearing before an examiner of the Board ience and necessity of United Air Lines, Spokane Case (Order E—21163, at a time and place hereafter to be des­ Inc. (United), so as to designate San August 7, 1964), of refusing to give com­ ignated; and Diego, Calif., a coterminal on United’s parative consideration to the application 4. A copy of this order will be filed with east-west segment 6 of route 1, subject of a newcomer and that of a restricted the aforesaid tariffs and be served on to the condition that all flights serving carrier with significant traffic partici­ Continental Air Lines, Inc., and Braniff San Diego, on the one hand, and Las pation in a given market, where im­ Airways, Inc., which are made parties to Vegas, Denver, or Kansas City, on the proved authority is in issue for the this proceeding. other, shall serve Los Angeles as an restricted carrier, is not applicable to This order will be published in the intermediate point. TWA’s applications.8 F ederal R e g is t e r . The order required that any interested By Order E-25727, September 22,1967, persons having objections to the issuance By the Civil Aeronautics Board.4 the Board directed all interested persons of an order making final these findings to show cause why Western’s certificate [ s e a l ] H arold R . S a n d e r s o n , and conclusions file such objections of public convenience and necessity Secretary. within twenty (20) days. should not be amended in such a manner [P.R. Doc. 68-4160; Piled, Apr. 5, 1968; American Airlines, Inc., filed a petition as to authorize unrestricted nonstop 8 :4 7 aon.] requesting the Board to reconsider and service between San Diego and Denver. amend Order E-25202, so as to provide United and TWA both filed answers ob­ for removal by show cause of various jecting to finalization of Order E-25727. [Docket No. 197451 restrictions on American’s transconti­ TWA expresses essentially the same nental services as requested in Ameri­ reasons as it set forth in its opposition MARTIN’S LUCHTVERVOER can’s application, Docket 18726.1 In the to Order E-25202. United contends in MAATSCHAPPIJ N.V. event Order E-25202 is not amended as essence that the Ashbacker doctrine re­ it requests, American states that it ob­ quires a comparative hearing on the issue Notice of Hearing jects to the order. of Denver-San Diego service. Trans World Airlines, Inc., filed a peti­ Upon consideration of the pleadings Application for amendment of its tion for reconsideration of Order E-25202 and all the relevant facts, we have deter­ foreign air carrier permit to Include and a statement of objection to that mined to set the pertinent portions of the Poland, Czechoslovakia, and Hungary as order. In support of its petition, TWA United and TWA applications for hear­ additional points from which it may states that it believes that San Diego is ing. We have further concluded that originate charters to the United States. entitled to more and better service and there should be set for hearing only those Notice is hereby given, pursuant to that consequently it has filed applica­ portions of the applications before us the provisions of the Federal Aviation tions to serve San Diego and a motion to which seek unrestricted nonstop author­ Act of 1958, as amended, that hearing consolidate.2 TWA indicates that it is a ity between San Diego, on the one hand, on the above-entitled application is as­ significant participant in San Diego- and New York/Newark, Washington/ signed to be held on April 22, 1968, at East traffic via Los Angeles and that Baltimore, Chicago, and Denver, on the 10 a.m., e.s.t., in Room 911, Universal grant of nonstop authority to United other hand.4 These are San Diego’s Building, 1825 Connecticut Avenue NW., would divert a substantial amount of largest east-west long-haul markets, and Washington, D.C., before Examiner E. that traffic from TWA. TWA alleges fur­ the only ones involved in the appli­ Robert Seaver. ther that the Board’s proposal to amend cations before us which exceed 100 Dated at Washington, D.C., April 2, United’s certificate without a hearing O&D and connecting passengers a day.5 1968. is unlawful; and the carrier urges that United in its pleadings has proposed non­ stop service to Denver and Chicago, and [ s e a l ] T h o m a s L . W r e n n , its applications are entitled to compara­ the other two markets appear to be Chief Examiner. tive consideration with that of United. clearly large enough to support such [F.R. Doc. 68-4161; Filed, Apr. 5, 1968; service. On the other hand, the smaller 8 :4 7 a.m .] 1In Docket 18726, American has requested markets do not appear to be candidates an amendment of its certificate for route 4 for nonstop service any time soon, and so as to (a) delete condition 4; (b) delete in the meantime their service can be ma­ Los Angeles, San Francisco, and Oakland [Docket No. 18104, etc.; Order No. E-26608] terially improved by authorizing nonstop from the cities listed in conditions (6), (7), service in the major markets. In our UNITED AIR LINES, INC., ET AL. and (8) ; (c) add San Diego, Los Angeles, view, the public interest will best be San Francisco, and Oakland to the cities served by limiting this proceeding to con- Order Regarding Public Convenience listed in subpart (a) of condition (17), and and Necessity in condition (18); (d) delete San Diego from the cities listed in condition (20) ; and (e) 8 The Indianapolis Airport Authority and Adopted by the Civil Aeronautics nonstop authority between San Diego, Los the Indianapolis Chamber of Commerce filed Board at its office in Washington, D.C. Angeles, San Francisco, and Oakland, on the answers supporting TWA’s petition. San on the 3d day of April 1968. one hand, and Indianapolis, Albany, Buffalo, Diego filed an answer indicating no objection Rochester, and Syracuse, on the other, and to a hearing on TWA’s application provided Application of United Air Lines, Inc., between San Diego and Detroit. A table list­ th a t U nited’s certificate is made final at the Docket No; 18104; under section 401 of ing the markets covered by American’s appli­ present time. American’s answer to TWA’s the Federal Aviation Act of 1958, as cation is attached as an appendix to Ameri­ petition indicates th a t T W A ’s application amended; application of Trans World can’s petition. Some 41 markets are involved has nothing to do with American’s applica­ Airlines, Inc., Docket No. 18723; under in American’s application. tion and that whatever action the Board section 401 of the Federal Aviation Act s Dockets 18723 and 18724. Docket 18723 takes with respect to TWA should not be of 1958, as amended; application of seeks to add San Diego as an intermediate allowed to obscure the issues raised by point on segment 5 of route 2 subject to cer­ American. United’s answer to TWA’s re­ Trans World Airlines, Inc., Docket No. tain long-haul restrictions. Docket 18724 re­ quests that TWA’s objection and petition for 18724; under section 401 of the Federal quests a new segment between San Diego and reconsideration and its m otion to consolidate Aviation Act of 1958, as amended; appli­ Kansas City and points east thereof on TWA’s be denied. cation of* American Airlines, Inc., Docket system. As TWA points out, the differencè 4 Since Am erican’s application in Docket No. 18726; under section 401 of the Fed­ between the two applications is that Docket 18726 does not seek new or improved author­ eral Aviation Act of 1958, as amended. 18723 would raise issues of service, albeit ity in any of these markets, it will not be on a restricted basis, between San Diego, on consolidated. the one hand, and Los Angeles, San Fran­ 5 The next largest— Boston, Detroit, and 4 Members Adams and Gillllland’s dissent­cisco, and Oakland, on the other hand, mar­ Philadelphia— have about 60 passengers a ing statement filed as part of the original kets not directly involved in United’s day, and the others are all smaller (I960 docum ent. application. O&D and Competition Studies).

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5477 sideration of nonstop service in the four in the appendix), for authority pursuant major markets we have specified, in the CIVIL SERVICE COMMISSION to § 74.1107 of our rules to carry distant interests of prompt resolution. television signals on CATV systems in The foregoing considerations explain NURSES the Tampa-St. Petersburg and/or Or­ lando-Daytona Beach television markets. why we will deny the petition for recon­ Notice of Adjustment of Minimum Pay 2. The Tampa-St. Petersburg market sideration of Order E-25202 filed by the Rates and Rate Ranges City of Kansas City, insofar as the pe­ is currently ranked as the 31st market tition seeks to have the issue of San GS-610 Nurse Series; GS-615 Public based on a net weekly circulation of 481,- Diego-Kansas City nonstop authority set Health Nurse Series, PFS-610 Postal 800. Channel assignments and their for hearing. Traffic in this market totaled Field Service Nurse. status are: Channel *3 (Educ.), 8 (NBC), only 36 passengers a day in 1966, and FJt. Doc. 68-4 published January 5, 13 (CBS), *16 (Educ.), 28 (CP), Tampa; inclusion in this case of all San Diego 1968, Table XXIX on page 166 is further Channels 38 (Indep.), 44 (CP), St. markets this size or larger would greatly amended to cover the following geo­ Petersburg; 10 (ABC), Largo; 32 (idle), expand the case and delay its resolution. graphic area as follows, effective the first Lakeland; 40 (CP), Sarasota; 22 (CP), In any event, Kansas City can gain im­ day of the first pay period beginning on Clearwater; and *19 (idle), Bradenton. proved service to San Diego as a result or after April 7, 1968: The Orlando-Daytona Beach market is currently ranked 65th based on a net of the case as we have limited it.* Geographic coverage: New York, N.Y.; Bos­ Accordingly, it is ordered, That: weekly circulation of 293,800. Channel ton, Mass., Standard Metropolitan Statisti­ assignments and their status are: 6 1. The applications of United Air cal Area; Port Devens, Mass. (CBS), 9 (ABC), *24 (Educ.), 35 (CP), Lines, Inc., in Docket 18104, and Trans United States Civil Serv­ Orlando; 2 (NBC), 26 (idle), Daytona World Airlines, Inc., in Dockets 18723 ice Commission, Beach; and *45 (idle), and 55 (appli.), and 18724, be and they hereby are set for [ seal] James C. Spry, Leesburg. consolidated hearing, in a proceeding- to Executive Assistant to 3. The proposals and the contentions be known as the Additional Service to the Commissioners. San Diego Case, Docket 18104 et al, to in support and opposition are as follows: the extent that said applications seek [PJt. Doc. 68-4190; Piled, Apr. 6, 1968; Manatee Cablevision, Inc. (100-78) unrestricted nonstop authority between 8 :4 9 a.m .] proposes to operate its system at Manatee San Diego, on the one hand, and New County, Fla. (69,168) in the Tampa-St. York, Newark, Washington, Baltimore, Petersburg market. The northern border Chicago, and Denver, on the other; of the county is about 7 miles from St. 2. An additional issue in said proceed­ FEDERAL COMMUNICATIONS Petersburg, but is not within its census ing shall be whether the certificate of area, while the southern border comes public convenience and necessity issued COMMISSION within approximately 2 miles of Sarasota. to Western Air Lines, Inc., for route 35, [Docket Nos. 18093-18095; PCO 68-295] In addition to th^ signals of the three should be amended by deleting there­ Tampa-St. Petersburg network affiliates, MANATEE CABLEVISION, INC., ET AL. the St. Petersburg UHF independent and from condition (6); Memorandum Opinion and Order the Tampa VHF educational stations, the 3. To the extent not consolidated and system proposes to carry the distant sig­ set for hearing herein, the applications Instituting Consolidated Hearing nals of channels 6 (CBS) and 9 (ABC), referred to in paragraph 1 be and they In regard to petitions by Manatee Ca- Orlando; Channel 2 (NBC), Daytona hereby are dismissed without prejudice; blevision, Inc., Manatee County, Fla., Beach; and Channel 3 (CBS), Fort Myers.1 Manatee claims that Manatee 4. Except to the extent hereinbefore Docket No. 18093, File No. CATV 100- 78; Sarasota Cablevision, Ltd., Lake County is separate and distinct from the granted, all motions, petitions, and re­ Wales, Fla., File No. CATV 100-88; Sara­ Tampa-St. Petersburg market, and that quests herein be and they hereby are sota Cablevision, Ltd., Bartow, Fla., File the area does not receive satisfactory net­ denied; No. CATV 100-119; Community Cable- work television service. In opposition, the 5. This proceeding shall be set down vision, Inc., Lakeland, Fla., File No. Tribune Co., licensee of Station WFLA- for hearing before an examiner of the CATV 100-265; for authority pursuant TV, Tampa, claims that Manatee has not to § 74.1107 of the rules to operate CATV justified the duplication and triplication Board at a time and place hereafter des­ systems in the Tampa-St. Petersburg, of network service, and that petitioners ignated; and Fla., television market (ARB 31); and “Television Reception Reports” purport­ 6. A copy of this order shall be served in regard to petitions by Meredith AVCO ing to indicate various quality levels of upon American Airlines, Inc., and West­ Inc., Leesburg and Fruitland Park, Fla., reception of certain television signals in ern Air Lines, Inc., who are hereby made File No. CATV 100-38; Clear Channel TV, ■Manatee County, are only subjective as­ sessments and are of no evidentiary parties to this proceeding. Inc., Holly Hill and part of Volusia Coun­ ty, Fla., Docket No. 18094, File No. CATV value. This order will be published in the F ed­ 100-262; Halifax Cable TV, Inc., Daytona Sarasota Cablevision, Ltd. (100-88), eral Register. Beach, South Daytona, and unincorpo­ assignee of the Jerrold Corp., plans to op­ By the Civil Aeronautics Board. rated Volusia County, Fla., Docket No. erate a CATV system at Lake Wales, Fla. 18095, File No. CATV 100-296; for au­ (8,346) about 50 miles from St. Peters­ [seal] Harold R. Sanderson, thority pursuant to § 74.1107 of the rules burg, in the Tampa-St. Petersburg mar­ Secretary, to operate CATV systems in the Orlando- ket. The system proposes to carry the IPn. Doc. 68-4162; Piled, Apr. 6, 1968; Daytona Beach television market (ARB local signals of the NBC, CBS, and the 8 :4 7 a m .] 65); and in regard to petition by Uni­ two educational stations in Tampa, the versal Cablevision, Inc., Winter Haven, ABC and CBS affiliates in Orlando and Although the pleadings heretofore file< Eagle Lake, Aubumdale, Lake Alfred, the following distant signals: Channel 2 o not lead us to anticipate further applica and unincorporated Polk County, Fla., (NBC), Daytona Beach; Channel 38 ProPer applications strictly conformini File No. CATV 100-29; for authority pur­ (Indep.), St. Petersburg; and Channel 10 the scope of the issues as limited hereh suant to § 74.1107 of the rules to oper­ wui be consolidated if filed and moved to ate CATV systems in the Tampa-St. 1 Manatee Cablevision has also requested a jo w d a tim pursuant to the rules of prac Petersburg and Orlando-Daytona Beach waiver of the carriage and nonduplication t. ' J411 not, however, consider applica television markets. rules but since its request is unsupported it lions seeking new or improved authority h will be denied. A question exists as to 0,8 Denver-Chicago, Denver 1. We have pending for considerationwhether the signal of Channel 3, Port Myers rwf Y£rk; Chlcago-New York, etc. Coinpar the above-captioned petitions, and re­ is distant as to the Manatee system and an Order E-25951, Nov. 9, 1967, p. 5 . sponsive pleadings thereto (fully listed appropriate issue will be added.

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5478 NOTICES

(ABC), Largo. Petitioner will also carry on the public’s viewing habits caused by Clear Channel TV, Inc. (100-262), the following UHF stations when they go carriage of local, but out-of-market sta­ plans to operate CATV systems in Holly on the air: Channel 40 (CP), Sarasota; tions. Hill (4,182) and part of Volusia County. Channel 28 (CP), Tampa; Channel 35 * * * ♦ * The communities involved are contiguous (CP), Orlando; and Channel 22 (CP), Community Cablevision, Inc. GOO- areas located immediately north of Day­ Clearwater. In support of its waiver re­ 265), plans to operate a CATV system tona Beach and are in the Orlando-Day­ quest, petitioner alleges that Lake Wales at Lakeland (41,350), which is approxi­ tona Beach market. The following local receives inadequate television service; mately 35 miles east of Tampa, in the stations are to be carried: Channel 6 there is strong local demand for the serv­ Tampa-St. Petersburg market. T h e (CBS), Channel 9 (ABC), Orlando; and ice; the community represents a small CATV system proposes to carry the Channel 2 (NBC), Daytona Beach. In ad­ fraction of the Tampa-©t. Petersburg signals of the following television sta­ dition, petitioner requests permission to television market; and failure to allow tions: Channel 13 (CBS), Channel 8 carry the following distant stations: carriage of certain stations in the Tampa (NBC), Channel 28 (CP), Channel *3 Channel *24 (Educ.), Channel 35 (CP), and Orlando markets, particularly UHF, (Educ.), Tampa; Channel 22 (CP), Orlando; Channel 12 (NBC), Channel while requiring carriage of others, would Clearwater, Channel 44 (CP), St. Peters­ 4 (CBS), Channel 17 (ABC), Jackson­ be inconsistent with the rationale of the burg; Channel 10 (ABC), Lareo; Chan­ ville; and Channel *5 (Educ.), Gaines­ Second Report and Order. The petition is nel 6 (CBS), Channel 9 (ABC) and ville. In support of its petition, Clear opposed by Hubbard Broadcasting, per­ Channel *24 (Educ.), Orlando, all local. Channel points out that Florida TV mittee of Channel 44, St. Petersburg.2 The only distant signal proposed to be Cable, Inc., a CATV operator in immedi­ Essentially, Hubbard’s argument is that carried is Channel 38 (Indep.), St. ately adjacent Ormond Beach, carries the the proposal will harm its future UHF Petersburg. In a supplement to its peti­ same stations proposed to be carried; station and other UHF stations in the tion, Community Cablevision points out that Channel 26, Daytona Beach, has no area, and that petitioner has not ade­ that subsequent to the filing of its waiver applicant; that its CATV system would quately demonstrated that there is a petition, the licensee of Channel 38 filed have no effect on the market stations’ in lack of good television service. an application with the Commission to view of their increased profitability over the past few years; and that there is * * * * * increase its power. If this application is granted,4 Lakeland will be within the pre­ great demand for the service in the area. Sarasota Cablevision, Ltd. (100-119), dicted Grade B contour of Channel 38. Opposition arguments to the proposal assignee of the Jerrold Corp., intends to Absent this consideration, petitioner con­ are as follows: Holly Hill is an integral construct a CATV system at Bartow tends that there is Commission prece­ part of the Daytona Beach television (12,849), which is approximately 40 miles dent which allows carriage of a distant market; initiation of a CATV system in east of Tampa-St. Petersburg and in that market station, particularly a UHF sta­ Holly Hill will severely hamper the de­ market. Sarasota Cablevision would carry tion. There is no opposition to Commu­ velopment of Channel 26, Daytona Beach the Grade B or better signals of the nity’s petition. In view of these facts, and and Channel 35, Orlando; carriage of the Tampa NBC, CBS, and two educational since the signal is now local, waiver, to distant stations will merely duplicate stations and the distant signals of Chan­ the extent necessary, will be granted. existing service; and that the CATV sys­ nel 38 (Indep.), St. Petersburg; and tem at nearby Ormond Beach was Channel 10 (ABC), Largo. Petitioner will Meredith-Avco, Inc. (100-38), plans “ grandfathered” and thus its existence also carry the following UHF stations to operate CATV systems at Leesburg should not influence the Commission’s when they go on the air: Channel 40 (11,172) andFruitlandPark (774), which decision concerning the instant waiver (CP), Sarasota; Channel 28 (CP), are located about 35 miles northwest of request. Tampa; Channel 35 (CP), Orlando; and Orlando, in the Orlando-Daytona Beach Halifax Cable TV, Inc. (100-296), plans Channel 22 (CP), Clearwater. Petitioner market. The following signals will be car­ to operate a CATV system at Daytona contends that Bartow receives inade­ ried on the system, all of which place a Beach (37,395), South Daytona (1,954) quate television service; there is strong Grade B or better contour over the com­ and unincorporated Volusia County. The local demand for the service; the com­ munities: Channel 6 (CBS), Channel 9 CATV system proposes to carry the sig­ munity represents a small fraction of (ABC), Channel *24 (Educ.), Orlando; nals of the following local stations: Channel 2 (NBC), Daytona.Beach; and the Tampa-St. Petersburg television Channel 6 (CBS), Channel 9 (ABC), market, and failure to allow carriage of Channel 8 (NBC), Tampa. Petitioner re­ Orlando; and Channel 2 (NBC), Day­ certain stations in the Tampa and Or­ quests waiver for the following signals: tona Beach. In addition, petitioner re­ lando markets, particularly UHF, while Channel 4 (CBS), Channel 12 (NBC), quests permission to carry the following requiring carriage of others, would be in­ Jacksonville; Channel *5 (Educ.), distant stations: Channel *24 (Educ.), consistent with the rationale of the Sec­ Gainesville; Channel 10 (ABC), Largo; Channel 35 (CP), Orlando, Channel 12 ond Report and Order. The petition is Channel 13 (CBS) and Channel *3 (NBC), Channel 4 (CBS), Channel 17 opposed by Hubbard Broadcasting, per­ (Educ.), Tampa. In support of its peti­ (ABC), Channel 30 (CP), Jacksonville; mittee of Channel 44, St. Petersburg.8 It’s tion, Meredith-Avco contends that Lees­ Channel *5 (Educ.), Gainesville; and main argument is that the proposal will burg and Fruitland Park should be con­ Channel 51 (CP-satellite of Channel 44, harm its future UHF station and other sidered fringe communities in relation to St. Petersburg), Ocala. In support of its UHF stations in the area, and that peti­ the metropolitan areas of the Orlando- petition Halifax states that the CATV tioner has not adequately demonstrated Daytona Beach television markets, that system at Ormond Beach is already car­ that there is a lack of good television the only television allocation in Leesburg rying the same signals; only a small per­ service. Hubbard also claims that a foot­ is for an educational facility, and that centage of the market homes will be note 69 situation exists and that a hear­ the Grade B contours of the applicants reached; the economic growth of Day­ ing is warranted to determine the effect for the Orlando commercial UHF assign­ tona Beach indicates that the area can ment fall short of the communities in support CATV as well as UHF; the un­ question. The licensee of Channel 6, Or­ usual saline characteristics of the area s lando, objects to the carriage of distant 2 On Aug. 18, 1966, public notice was given atmosphere cause corrosion of ordinary of the filing of Sarasota’s petition. Hubbard network stations on the ground that the obtained a construction permit for Channel communities already receive adequate antennas, resulting in poor television 44, St. Petersburg on Dec. 15, 1966, and on network coverage. The licensee of Chan­ reception; Daytona Beach should be con­ July 31, 1967, filed its opposition to Sarasota’s nel 17, Jacksonville, objects to the car­ sidered separate from Orlando and, if petition. Sarasota has filed a motion to dis­ riage of the other two Jacksonville so considered, would not be a top-100 miss the opposition on the grounds of late stations to the exclusion of Channel 17. filing but in light of the public interest con­ market; and CATV will guarantee good Meredith-Avco replies that it cannot siderations involved we have considered Hub­ UHF reception. The licensee of Channel bard’s arguments and will therefore deny carry the signal of Channel 17 since that the motion to dismiss. station does not provide a signal strong 2, Daytona Beach and the permittee of 8 Again Hubbard has filed late and a mo­ enough to be carried on its system. Channel 35 object. Generally, the opposi­ tion to dismiss has been filed. For the reasons tion arguments are that the econonuc given in footnote 2, supra, the motion to dismiss will be denied. 4 BPCT-3978, granted Oct. 30, 1967. base for UHF in the area is being eroded

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5479

by CATV; the proposal will only dupli­ hearing. In view of the close proximity censée, applicant or permittee in either cate existing programing, not supple­ of the proposed CATV communities to market to any of the systems under con­ ment it; there is no basis for ignoring the central cities, and since the popula­ sideration here comes from Hubbard the dual-city nature of the market since tions involved are not readily ascertain­ Broadcasting, permittee of Channel 44, advertising rates are based on the as­ able on this record, we cannot make a St. Petersburg and Channel 51, Ocala, sumption that both markets are reached; determination without hearing that im­ Florida, proposed to be operated as a and the existence of the Ormond Beach plementation of the proposals would have satellite of Channel 44. Hubbard has system only clarifies the seriousness of no adverse impact on existing and pro­ also requested a footnote 69 issue (2 the CATV threat. posed television service in the market. FCC 2d 725, at par. 151) with respect to Universal Cable Vision, Inc. (100-29), Partial waivers will be granted, however, carriage of the Grade B signals of the is an operator of a 1,200 subscriber to permit Clear Channel TV, Inc., and two Orlando network stations on the CATV system at Winter Haven (16,277), Halifax Cable TV, Inc., to carry the system in Bartow. But St. Petersburg, Auburndale (5,595), Eagle Lake (1,364), signals of Channels *24, (Educ.) and 35 the site of the Channel 44 operation, is Lake Alfred (2,191) and unincorporated (CP), Orlando, both of which are market approximately 40 miles ’ from Bartow Polk County, all which are located in stations but are distant as to the com­ and Ocala is more than 80 miles from both the Orlando-Daytona Beach and munities involved. This will .permit all the closest system which Hubbard op­ Tampa-St. Petersburg television mar­ stations in this market to remain on an poses. And Hubbard has submitted no kets. The communities are located about equal footing. factual showing of any kind in support 45 miles from Tampa and 40 miles from 5. We find, however, that waiver is in­ of its request for extraordinary relief. Orlando. The system will carry the fol­ dicated for the systems proposed in Lake For the general reasons stated above, lowing local stations: Channel 8 (NBC), Wales, Bartow, and Lakeland in the and in light of our specific findings with Channel 13 (CBS), Tampa, Channel 9 Tampa-St. Petersburg market, for Lees­ respect to cumulative impact (see par. (ABC), Orlando, Channel 6 (CBS), Or­ burg and Pruitland Park in the Orlando- 8, infra), we find that waiver is indicated. lando, Channel *3 (Educ.), Tampa, and Daytona Beach market and for the sys­ In the Second Report and Order at par. Channel 2 (NBC), Daytona Beach, all tems in and around Winter Haven, lo­ 151 we stated that “ * * * with only the local. Permission is requested to import cated in both markets. All of these com­ rarest exception, CATV activity which the following distant signals: Channel munities are located from 35-50 miles does not involve extension of a signal be­ 10 (ABC), Largo and C h a n n e l 38 from the central cities of the market and, yond its Grade B contour may freely (Indep.), St. Petersburg. In support of,its with the exception of Lakeland, all are continue.” 2 FCC 2d 725, 786-787. Tak­ petition, Universafyargues that the near­ relatively small. While Lakeland is the ing these factors together, we believe est television station is in Orlando, 40 largest of the communities for which that Hubbard has failed to meet its bur­ miles from Winter Haven, and that car­ waiver will be granted, it is 35-40 miles den of raising by specific factual showing riage of the market stations would equal­ from the central cities and the only dis­ substantial public interest questions af­ ize competition between them. The op­ tant signal that the system requested fecting the establishment and healthy position comes from Hubbard Broadcast­ (Channel 38, St. Petersburg) will no maintenance of broadcast service. Cedar ing, permittee of Channel 44, St. Peters­ Rapids Television Company (KCRG- burg,6 and the Outlet Compjmy, licensee longer be distant after construction and commencement of operation on recently TV V. F.C.C., _____ U.S. App. D.C. of Channel 6, CBS, Orlando, which ob­ ------, Case No. 20,783, decided Sep­ jects only to carriage of Largo Channel authorized facilities (BPCT-3978, grant­ ed October 30, 1967). We also note that tember 27,1967). 10. Generally, Hubbard states that it will 8. We have also analyzed this market place a city-grade signal over Winter the channel allocation in Lakeland is idle and that the community is overshadowed to determine the cumulative effect of the Haven and thus will rely on the area for waivers under consideration here (as­ its audience. Specifically, as to Channel by all of the network signals from the two markets. suming similar action would be indicated 38, Hubbard contends that arguments for all other communities situated as basic to the carriage of Channel 38 are 6. In other § 74.1107 cases involving overlapping Grade A contours of major are these). On the basis of our analysis matters under consideration in a rule- it appears that waivers as indicated in making proceeding6 and thus the pro­ markets, we have given recognition to the existing off-the-air situation and the Tampa-St. Petersburg market would posal to carry that channel should either have no effect on approximately 90 per­ be desigiiated for hearing or deferred granted waivers as indicated. Fetzer Cablevision, Inc., et al., FCC 67-223, 6 cent of the television homes, i.e., 90 per­ ¡ ™ MBOtaUpn of Docket 17438; and cent of all television homes in that mar­ that there is an unreserved UHF alloca- FCC 2d 845; CATV of Rockford, Inc., et al., FCC 67-248, 7 FCC 2d 219. Here as ket would remain unavailable to CATV.8 rtUFJt1 Lakeland, which petitioner does Waivers as indicated in the Orlando- not discuss. Concerning Channel 10, it Is in those cases, there already exist service areas common to both markets and sev­ Daytona Beach market would result in argued that carriage of that station will 95 percent- of all television homes re­ f„„re^y duplicate ABC programing while eral of the systems in these areas would be required pursuant to section 74.1103 maining unavailable to CATV.9 Stated agmenting the audience for non-net­ otherwise, the waivers being considered work programing. of the rules to carry signals from adjoin­ ing markets. And, as in those cases, the here would have only a theoretical maxi­ Grade A contours of the mum cumulative effect of 10 percent and S a' stn Petersburg and Orlando- waivers here are generally limited to the signals from the adjoining market, and 5 percent on all television homes in Daytona Beach markets overlap, and Tampa-St. Petersburg and Orlando- several of the communities involved are to in-State signals. This disposition is Daytona Beach, respectively. We find also consistent with our prior actions in that any possible impact resulting from each* there is a common Athens TV Cable Co., Inc., FCC 66-953, pvffi S pertinent factors which gen- 5 FCC 2d 577, and Greater Television, this potential level of penetration is in­ serv® as the basis for disposi- significant. And the increase in program ,, f Petitions. Initially, however, Inc., FCC 66-1041, 5 FCC 2d 699, where choices and improved and increased waiver was granted to permit carriage of UHF availability resulting from the Tnn ?irn?°ials of Manatee Cablevision, the distant signals of UHF stations where in \r n1i°778) operate a CATV system the rules required the carriage of com­ m Manatee County, of Clear Channel 8 The population source is the current sveL (100-262) to operate a CATV peting VHF stations from the same market. Sales Management Magazine and television Cournl*11 Hi)lly Hil1 and Parts of Volusia signal contours are derived from relevant li­ ,7. While interest is apparent in five cense files. The exclusion percentage as­ a s of Halifax Cable TV* me. UHF channels in the Tampa-St. Peters­ sumes the unavailability of rural popula­ Beach q pp®rate systems in Daytona burg market and In two UHF channels in Volusia ~outb D&ytona, Sarasota, and tions to OATV in the current state of the volusia County, will be designated for the Orlando-Daytona Beach market, the art, contemplates a maximum penetration only opposition1 filed by any UHF 11- of 50 percent over the near term and includes all television homes within an area around 6 Supra, footnote 3 . 7 Omicron Television Corp., permittee ofthe central cities no greater than the dis­ of of Amendment of § 74.1107 Channel 35, Orlando, has objected to the tance from such cities of the closest system Pocket Rules and Regulations, Daytona Beach proposal which we are des­ for which waiver is granted. ^ocset No. 17438, PCX) 67-576 ignating for hearing. »Ib id .

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5480 NOTICES

CATV proposals would clearly be in the time and place for the hearing will be (d) “Reply to Opposition” fil$d by public interest. specified in another order. Meredith-Avco, directed against (b) above. (e) “Reply to Opposition” filed by Mere­ Accordingly, it is ordered, That the Adopted: March 13,1968. dith-A vco, directed against (c) above. provisions of § 74.1107 of the rules are 6 (a) “Petition for W aiver” filed by Clear waived and the Lake Wales, Bartow, Released: April 3,1968. Channel TV, Inc., grantee of a CATV fran­ Lakeland, Leesburg, Fruitland Park, and F ederal C ommunications chise in Holly Hill and part of Volusia County, Fla. Winter Haven (and surrounding com­ C o m m i s s i o n ,10 (b) “Opposition to Petition” filed by munities) CATV systems are authorized [ s e a l ] B e n F . W a p l e , to carry the distant signals as proposed, Secretary. Cowles Broadcasting, Inc., licensee of Station subject to the applicable provisions of WESH-TV, Daytona Beach, directed against Ap p e n d ix (a) above. § 74.1103 of the rules. (c) “ Opposition to Petition” filed by the It is further ordered, That the pro­ 1 (a) “Petition for Waiver of Rules and O utlet Co., licensee of Station WDBO-TV, Other Relief” filed by Manatee Cablevision, Orlando, directed against (a) above.. visions of § 74.1107 of the rules are Inc., grantee of a CATV franchise in Manatee waived to permit Clear Channel TV, Inc. (d) “Opposition to Petition” filed by Rust County, Fla. Craft Broadcasting Co., licensee of WJKS-TV, and Halifax Cable TV, Inc. to carry (b) “Opposition to Petition” filed by theJacksonville, directed against (a) above. the distant signals of Channels 24* Tribune Co., licensee of Station WFLA-TV, (e) “Reply to Oppositions” filed by Clear- (Educ.) and 35 (CP) Orlando. Tampa, directed against (a) above. Channel, directed against (b) and (c) above. It is further ordered, That the re­ 2 (a) “Petition of the Jerrold Corp. for (f) Comm ents, filed by Cowles, directed quests of Manatee Cablevision, Inc., and Waiver of Rules, for Approval of Plans and against (e) above. for Other Appropriate Relief” filed by the (g) Comments, filed by Cowles. the remainder of the requests of Clear Jerrold Corp., grantee of a CATV franchise in (h) “Supplement to Petition” filed by Channel TV, Inc., and Halifax Cable Lake W ales, Fla. Clear-Channel. TV, Inc., for waiver of the hearing pro­ (b) “Opposition to Petition” filed by the 7 (a) “Petition for Waiver” of § 74.1101 visions of § 74.1107 of the rules, are Outlet Co., licensee of Station WDBO-TV, of the rules, filed by Halifax Cable TV, Inc., denied; and pursuant to sections 4(i), Orlando, directed against (a) above. grantee of a CATV franchise in Daytona 303 and 307(b) of the Communications (c) “Withdrawal of Opposition” filed by Beach, South Daytona, and Volusia County. the Outlet Co. (b) “Opposition to Petition” filed by Act of 1934, as amended, and § 74.1107 (d) “Opposition to Petition” filed by the of the rules, a consolidated hearing is Cowles Broadcasting, Inc., licensee of Station Hubbard Broadcasting Co., permittee of WESH-TV, Daytona Beach, directed against ordered as to said matters on the fol­ Channel 44, St. Petersburg, directed against (a) above. lowing issues: (a) above. (c) “Opposition to Petition” filed by 1. To determine the present and pro­ (e) “ Motion to Dismiss Opposition of Hub­ Om icron Television Corp., permittee of posed penetration and extent of CATV bard” filed by Sarasota Cablevision, Ltd., Channel 35, Orlando, directed against (a) assignee of the Jerrold Corp., directed against above. service in the Tampa-St. Petersburg and (d) above. Orlando-Daytona Beach markets. (d) “Reply to Oppositions” filed by Hali­ (f) “Opposition to Motion to Dismiss” fax, directed against (b) and (c) above. 2. To determine the effects of current filed by Hubbard, directed against (e) above. 8 (a) “Petition for Waiver” filed by Uni­ (g) “Reply to Opposition” filed by Sara­ and proposed CATV service in both mar­ versal Cablevision, Inc., operator of a CATV sota, directed against (d) above. kets upon existing, proposed and poten­ system in W inter Haven, Eagle Lake, Lake 3 (a) “Petition of the Jerrold Corp. for Alfred, Auburndale, and unincorporated tial television broadcast stations in the Waiver of Rules, for Approval of Plans and markets. Polk County, Fla. for Other Appropriate Relief” filed by the (b) “Opposition to Petition” filed by the Jerrold Corp., grantee of a CATV franchise in 3. To determine (a) the present policy Outlet Co., licensee of Station WDBO-TV, Bartow, Fla. and proposed future plans of petitioners Orlando, directed against (a) above. with respect to the furnishing of any (b) “Opposition to Petition” filed by the (c) “ Opposition to Petition” filed by the service other than the relay of the sig­ Tribune Co., licensee of Station WFLA-TV, Tribune Co., licensee of Station WFLA-TV, Tampa, directed against (a) above. nals of broadcast stations; and (b) the Tampa, directed against (a) above. (c) “Withdrawal of Opposition” filed by (d) “Opposition to Petition” filed by WKY impact of such services upon broadcast the Tribune Co. Television System, Inc., licensee of television stations in the markets. (d) “Opposition to Petition” filed by Hub­ Station WTVT, Tampa, directed against (a) bard Broadcasting, Inc., permittee of Chan­ 4. To determine in light of the above above. nel 44, St. Petersburg, directed against (a) whether the proposal is consistent with (e) Comments, filed by Universal, directed above. against (b), (c), and (d) above. the' public interest. (e) “Motion to Dismiss Opposition” filed (f) “ W ithdraw al o f Opposition” filed by the 5. To determine with respect to the by Sarasota Cablevision, Ltd., assignee of the Tribune Co. Jerrold Corp., directed against (d) above. proposal of Manatee Cablevision, Inc., (g) Letter, filed by Universal. (f) “Reply to Opposition” filed by Sara­ whether the signal of Channel 3, Port (h) “ Opposition to Petition” filed by sota, directed against (d) above. Myers, is distant as to the Manatee Hubbard Broadcasting Co., permittee of (g) “Opposition to Motion to Dismiss” CATV system. channel 44, St. Petersburg, directed against filed by Hubbard, directed against (e) above. (a) above. * It is further ordered, That the request (h) “Reply to Opposition to Motion to Dis­ (i) “Motion to Dismiss Hubbard Opposi­ miss” filed by Sarasota, directed against (g) of Manatee Cablevision, Inc. for waiver tion” filed by Universal, directed against (h) above. of § 74.1103 of the rules is denied. above. 4 (a) “Petition for Waiver” filed by Com­ It is further ordered, That the request (j) “ Supplem ent to Petition” filed by munity Cablevision, Inc., grantee of a CATV Universal. of Hubbard Broadcasting to designate franchise in Lakeland, Fla. (k) “Withdrawal of Opposition” filed by for hearing the proposal for Bartow (b) “Supplement to Petition for Waiver” W KY Television System. pursuant to § 74.1109 of the rules is filed by Community. denied. (l) “Opposition to Supplement” filed by 5 (a) "Application and Request for Hubbard, directed against (J) above. It is further ordered, That'the “Mo­ Waiver” filed by Meredith-Avco, Inc., grantee tion to Dismiss” filed by Sarasota Cable- of a CATV franchise in Leesburg and Fruit- [F.R. Doc. 68-4164; Filed, Apr. 5, 1968; vision and Universal Cablevision, Inc., land Park, Fla. 8 :4 8 a m .] against the Hubbard Broadcasting op­ (b) “Opposition to Petition” filed by the positions are denied. Outlet Co., licensee of Station WDBO-TV, Manatee Cablevision, Inc., Clear Orlando, directed against (a) above. Channel TV, Inc., Halifax Cable TV, (c) “Opposition to Petition” filed by Rust Craft Broadcasting Co., licensee of Station FEDERAL RESERVE SYSTEM Inc., the Tribune Co., Cowles Broad­ WJKS-TV, Jacksonville, directed against (a) VALLEY BANCORPORATION casting, Inc., the Outlet Co., Rust Craft above. Broadcasting Co., and Omicron Tele­ Notice of Application for Approval of vision Corp., are made parties to this Acquisition of Shares of Bank proceeding, and to participate, must 10 Commissioners Bartley and Cox concur­ ring in part and dissenting in part and is­ Notice is hereby given that application comply with the applicable provisions suing statements which are filed as part of of § 1.221 of the Commission’s rules. The the original document; Commissioner Wads­ has been made to the Board of ®°ver burden of proof is upon petitioners. A worth absent. of the Federal Reserve System pursuant

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5481

to section 3(a) of the Bank Holding It appearing to the Securities and Ex­ Company Act of 1956 (12 U.S.C. 1842 change Commission that the summary INTERSTATE COMMERCE (a )), by Valley Bancorporation, which suspension of trading in such securities is a bank holding company located in on such Exchange and otherwise than COMMISSION Appleton, Wis., for the prior approval on a national securities exchange is re­ FOUTH SECTION APPLICATION FOR of the B oard of the acquisition by Appli­ quired in the public interest and for the cant of 80 percent or more of the voting protection of investors: RELIEF shares of Seymour State Bank, Seymour, It is ordered, Pursuant to sections A p r il 3,1968. Wis. 15(c)(5) and 19(a)(4) of the Securities Protests to the granting of an applica­ Section 3(c) of the Act provides that Exchange Act of 1934, that trading in tion must be prepared in accordance with the Board shall not approve (1) any ac­ such securities on the American Stock Rule 1100.40 of the general rules of quisition or merger or consolidation un-r Exchange and otherwise than on a na­ practice (49 CFR-1100.40) and filed with­ der this section which would result in a tional securities exchange be summarily in 15 days from the date of publication monopoly, or which would be in further­ suspended, this order to be effective for of this notice in the F ederal R e g is t e r . ance of any combination or conspiracy to the period April 3, 1968, through April monopolize or to attempt to monopolize 12, 1968, both dates inclusive. L o n g - an d -S h o r t H a u l the business of banking in any part of By the Commission. FSA No.41277—Butadiene from Baton Ihe United States, or (2) any other pro­ Rouge, La., to Darex, Ky. Filed by O. W. posed acquisition or merger or consoli­ [ seal] O r val L . D u B o is , South, Jr., agent (No. A5096), for inter­ dation under this section whose effect in Secretary. ested rail carriers. Rates on butadiene, any section of the country may be sub­ [P.R. Doc. 68-4163: Piled, Apr. 5, 1968; in tank carloads, from Baton Rouge, La., stantially to lessen competition, or to 8 :4 8 à.m.] to Darex, Ky. tend to create a monopoly, or which in Grounds for relief—Market competi­ any other manner would be in restraint tion. of trade, unless it finds that the anti­ Tariff—Supplement 261 to Southern competitive effects of the proposed trans­ Freight Association, agent, tariff ICC action are clearly outweighed in the TARIFF COMMISSION S-85. public interest by the probable effect of [337—L-3 3] the transaction in meeting the conven­ By the Commission. ience and needs of the community to be FURAZOLIDONE [ s e a l ] H . N e il G a r s o n , served. Secretary. Section 3(c) further provides that, in Notice of Complaint Received every case, the Board shall take into ' [F.R. Doc. 68-4154; Filed, Apr. 5, 1968; The U.S. Tariff Commission hereby 8 :4 7 a.m .] consideration the financial and man­ gives notice of the receipt on March 19, agerial resources and future prospects of 1968, of a complaint under section 337 of the company or companies and the banks the Tariff Act of 1930 (19 U.S.C. 1337), [Notice 580] concerned, and the convenience and filed by The Norwich Pharmacal Com­ needs of the community to be served. pany of Norwich, N.Y., alleging unfair MOTOR CARRIER TEMPORARY Not later than thirty (30) days after methods of competition and unfair acts AUTHORITY APPLICATIONS the publication of this notice in the in the importation and sale of furazoli­ Federal R eg ister , comments and views done. A p r il 2 ,1 9 6 8 . regarding the proposed acquisition may In accordance with the provisions of The following are notices of filing of be filed with the Board. Communications § 203.3 of its rules of practice and pro­ applications for temporary authority should be addressed to the Secretary, cedure (19 CFR 203.3), the Commission under section 210a(a) of the Interstate Board of Governors of the Federal Re­ has initiated a preliminary inquiry into Commerce Act provided for under the serve System, Washington, D.C. 20551. the allegations of the complaint for the new rules of Ex Parte No. M C 67, (49 The application may be inspected at the purpose of determining whether there is C F R Part 340) published in the F ederal office of the Board of Governors or the good and sufficient reason for a full in­ R e g is t e r , issue of April 27,1965, effective Federal Reserve Bank of Chicago. vestigation, and if so whether the Com­ July 1, 1965. These rules provide that Dated at Washington, D.C., this 1st mission should recommend to the protests to the granting of an application day of April 1968. President the issuance of a temporary must be filed with the field official named order of exclusion from entry under in the F ederal R e g ist e r publication, By order of the Board of Governors. section 337(f) of the tariff act. within 15 calendar days after the date of notice of the filing of the application [seal] R o b er t P . F o r r e st a l , A copy of the complaint is available for Assistant Secretary. public inspection at the Office of the is published in the F ederal R e g is t e r . One Secretary, U.S. Tariff Commission, copy of such protest must be served on [F.R. Doc. 68-4129; Plied, Apr. 5, 1968; the applicant, or its authorized repre­ 8 :4 5 a.m .] Eighth and E Streets NW., Washington, D.C., and at the New York office of the sentative, if any, and the protests must Tariff Commission located in Room 437 certify that such service has been made. of the Customhouse. The protests must be specific as to the service which such protestant can and SECURITIES AND EXCHANGE Information submitted by interested will offer, and must consist of a signed persons which is pertinent to the afore­ original and six (6) copies. COMMISSION mentioned preliminary inquiry will be A copy of the application is on file, [Pile No. .1-4672] considered by the Commission if it is and can be examined at the Office of the received not later than May 17, 1968. Secretary, Interstate Commerce Com­ CAMEO-PARKWAY RECORDS, INC. Such information should be sent to the Secretary, U.S. Tariff Commission, mission, Washington, D.C., and also in Order Suspending Trading Eighth and E Streets NW., Washington, the field office to which protests are to D.C. 20436. A signed original and nine­ be transmitted. A p r il 2,1968 teen (19) true copies of each document M o t o r C ar r ier s o f P r o p e r t y /vfTi16 common stock, 10-cent par val must be filed. hIi uineo' Parkway Records, Inc., Phi No. MC 105461 (Sub-No. 84 TA ), filed P5?a’ .Pa-’ ^ing hsted and registe] Issued: April 2, 1968. March 27, 1968. Applicant: HERR’S ® the American Stock Exchange pi By order of the Commission. MOTOR EXPRESS, INC., Post Office JES* ^.Provisions of the Securities I Box 8, Quarryville, Pa. 17566. Appli­ Act of 1934 and all other secu [ s e a l ] D o n n N. B e n t , cant’s ’ representative: Bernard Ging- hp1°f. Cameo-Parkway Records, Ir Secretary. erich (same address as above). Author­ tirmfitraded otherwise than on a i [FJ». Doc. 68-4126; Filed, Apr. 5, 1968; ity sought to operate as a common car­ nonal securities exchange; and 8 :4 5 a m .] rier, by motor vehicle, over irregular

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5482 NOTICES

routes, transporting: Roofing and pav­ porting shipper: Evans Products Co., Louisiana, for 150 days. Supporting ing compounds, in containers, from the Post Office Box 880, Corona, Calif. 91720. shipper: The Clorox Co., 850 42d Avenue, plantsite of Monsey Products Co. in East Send protests to: Keith D. Warner, Dis­ Oakland, Calif. 94601. Send protests to: Pikeland Township, Chester County, trict Supervisor, Interstate Commerce John E. Nance, District Supervisor, Pa., to points in New York (except Commission, Bureau of Operations, 5234 Interstate Commerce Commission, Bu­ points in the New York, N.Y., commer­ Federal Office Building, 234 Summit reau of Operations, Room 7708, Federal cial zone and points in Nassau and Suf­ Street, Toledo, Ohio 43604. Building, 300 North Los Angeles Street, folk Counties) and points in Ashtabula, No. MC 107496 (Sub-No. 652 TA ), filed Los Angeles, Cailf. 90012. Geauga, Ottawa, Seneca, and Wyandot March 27, 1968. Applicant: RUAN No. MC 126838 (Sub-No. 2 TA), filed Counties, Ohio, for 180 days. Supporting TRANSPORT CORPORATION, Keosau- March 27, 1968. Applicant: EARNEST J. shipper: Monsey Products Co., West qua Way at Third, 50309, Post Office RUSH, JR., doing business as CLAR­ School Lane, East of Ridge Avenue, Box 855, Des Moines, Iowa 50304. Ap­ ENCE F. GUTHRIE HAULING SERV­ Philadelphia, Pa. 19129. Send protests plicant’s representative: H. L. Fabritz ICE, Rural Delivery No. 2, Box 341, to: Robert W. Ritenour, District Super­ (same address as above). Authority CanonSburg, Pa. 15317. Applicant’s visor, Interstate Commerce, Commis­ sought to operate as a common carrier, repesentative: S- Ronald Leslie, 2310 sion, Bureau of Operations, 218 Central by motor vehicle, over irregular routes, Grant Building, Pittsburgh, Pa. 15219, Industrial Building, 100 North Cameron transporting: Paint resins, in bulk, in Authority sought to operate as a com­ Street, Harrisburg, Pa. 17101. tank vehicles, from Fort Wayne, Ind., mon carrier, by motor vehicle, over ir­ No. MC 105813 (Sub-No. 164 TA ), filed to Kansas -City, Mo., for 150 days. Sup­ regular routes, transporting: Crushed March 27, 1968. Applicant: BELFORD porting shipper: Minnesota Paints, Inc., limestone, in bags, from points in Bed­ TRUCKING CO., INC., 3500 Northwest 1009 West Eighth Street, Kansas City, ford County, Pa. to points in Ohio County 79th Avenue, Post Office Box 154, M.I.A. Mo. 64101. Send protests to: Ellis L. An- and Marshall County, W. Va., for 180 Station, Miami, Fla. 33148. Applicant’s nett, District Supervisor, Bureau of Op­ days. Supporting shipper: New.Enter­ representative: James T. Moore (same erations, Interstate Commerce Commis­ prise Stone and Lime Co„ Inc., New address as above). Authority sought to sion, 677 Federal Building, Des Moines, Enterprise, Bedford County, Pa. 16664. operate as a common carrier, by motor Iowa 50309. , Send protests to: Frank L. Calvary, Dis­ vehicle, over irregular routes, transport­ No. MC 119988 (Sub-No. 18 TA), filed trict Supervisor, Interstate Commerce ing: Candy and confectionery products, March 27, 1968. Applicant: GREAT Commission, Bureau of Operations, 2109 from the plantsites and storage facilities WESTERN TRUCKING CO., INC., 811 y2 Federal Building, 1000 Liberty Avenue, of Reed Candy Co. at Campbellsville, North Timberland Drive, Post Office Box Pittsburgh, Pa. 15222. Ky., to points in Alabama, Florida, 1384, Lufkin, Tex. 75901. Applicant’s rep­ No. MC 128313' (Sub-No. 1 TA), filed Georgia, North Carolina, and South resentative: Mert Starnes, The 904 La­ March 25, 1968. Applicant: TEMPO Carolina, for 180 days. Supporting ship­ vaca Building, Austin, Tex. 78701. Au­ TRUCKING, INC., 2101 Kenskill Avenue, per: P. Lorillard Co., 200 East 42d Street, thority sought to operate as a common Washington Court House, Ohio 43160. New York, N.Y. Send protests to: Dis­ carrier, by motor vehicle, over irregular Applicant’s representative: A. Charles trict Supervisor Joseph B. Teichert, Tell, 100 East Broad Street, Columbus, Interstate Commerce Commission, Bu­ routes, transporting: Paperboard, on cylinders, from Evadale, Tex., to Yuma, Ohio. Authority sought to operate as a reau of Operations, Room 1226, 51 contract carrier, by motor vehicle, over Southwest First Avenue, Miami, Fla. Ariz., and El Cajon, Calif., for 150 days. 33130. Supporting shippers: Eastex Inc., Post irregular routes, transporting: Sus­ Office Box 816, Silsbee, Tex. 77656; Fleet- pended meat, meat products and meat No. MC 106760 (Sub-No. 92 T A ), filed wood Pacific, Inc., 1250 North Marshall byproducts, from points in Illinois, In­ March 27, 1968. Applicant: WHITE- Ave., El Cajon, Calif. 92020; Arical Paper diana, Iowa, Kentucky, Maryland, Michi­ HOUSE TRUCKING, INC., 2905 Airport Products Co., Post Office Box 4207, Yuma, gan, Missouri, New Jersey, New York, Highway, Toledo, Ohio 43614. Appli­ Ariz. 85364. Send protests to: John C. Pennsylvania, Kansas, . Virginia, and cant’s representative: O. L. Thee (same Redus, District Supervisor, Bureau of West Virginia, to the plantsite of the address as above). Authority sought to Operations, Interstate Commerce Com­ Sugar Creek Packing Co., Inc., Washing­ operate as a common carrier, by motor mission, Post Office Box 61212, Houston, ton Court House, Ohio and to commer­ vehicle, over irregular routes, transport­ Tex. 77061. cial storage facilities located in Ohio. ing: Building panels, . sections, wall- No. MC 123392 (Sub-No. 8 TA), filed Service to be performed under a con­ board, building board, and accessories, tinuing contract or contracts with Sugar from Newark, N.J., to points in Con­ March 27, 1968. Applicant: JACK B. KELLEY, doing business as JACK B. Creek Packing Co., Inc., of Washington necticut, Rhode Island, Massachusetts, Court House, Ohio, for 180 days. Sup­ New Hampshire, Vermont, and Maine, KELLEY CO., 3801 Virginia Street, porting shipper: Sugar Creek Packing for 180 days. Supporting shipper: Evans Amarillo, Tex. 79109. Authority sought Co., Washington Court House, Ohio. Send Products Co., Post Office Box 880, Corona, to operate as a common carrier, by protests to: Arthur M. Culver, Jr., Dis­ Calif. 91720. Send protests to: Keith D. motor vehicle, over irregular routes, trict Supervisor, Interstate Commerce Warner, District Supervisor, Interstate transporting: Carbon monoxide, in bulk, Commission, Bureau of Operations, 236 Commerce Commission, Bureau of Op­ gaseous, in tube trailers, carrier owned, New Post Office Building, Columbus, erations, 5234 Federal Office Building, from the plantsite of Rohm and Hass Ohio 43215. 234 Summit Street, Toledo, Ohio 43604. Chemical Corporation at Deer Park, Tex., to Geismar, La., for 150 days. No. MC 128490 (Sub-No. 1 TA), filed No. MC 106760 (Sub-No. 93 TA ), filed March 27, 1968. Applicant: GERALD C. March 27, 1968. Applicant: WHITE- Supporting shipper: George J. Mason, Director, Transportation and Distribu­ SHELBY, doing business as SHELBY HOUSE TRUCKING, INC., 2905 Airport TRUCKING, Post Office Box 73, Deer Highway, Toledo, Ohio 43614. Applicant’s tion, Wyandotte Chemicals Corp., Wy­ andotte, Mich. Send protests to: Haskell Park, Wis. 54007. Applicant’s representa­ representative: O. L. Thee (same address tive: Robert E. Swanson, 1211 South as above). Authority sought to operate E. Ballard, District Supervisor, Inter­ state Commerce Commission, Bureau of Sixth Street, Stillwater, Minn. 55082. Au­ as a common carrier, by motor vehicle, thority sought to operate as a contract over irregular routes, transporting: Operations, 918 Tyler Street, Amarillo, Tex. 79101. carrier, by motor vehicle, over irregular Building panels, sections, wallboard, routes, transporting: Materials and sup­ building board, and accessories, from No. MC 124796 (Sub-No. 35 TA ), filed plies used in the manufacture and sale of Chesapeake, Va., to points in Alabama, March 27, 1968. Applicant: CONTI­ ice cream, ice milk, and products de­ Arkansas, Connecticut, Delaware, Geor­ NENTAL CONTRACT CARRIER CORP., rived therefrom, from Baldwin, Wis., to gia, Illinois, Indiana, Iowa, Kansas, Ken­ 7236 East Slauson Avenue, Los Angeles, Esterville, Iowa, and points in North tucky, Louisiana, Maryland, Minnesota, Calif. 90022. Applicant’s representative: Dakota, South Dakota, Montana, and J. Max Harding, 605 South 14th Street, Michigan, Mississippi, Missouri, Ne­ Minnesota, for 150 days. Supporting ship­ braska, New Jersey, North Carolina, Box 2028, Lincoln, Nebr. 68501. Authority per: Regal Services, Inc., 2815 Blaisdell North Dakota, Ohio, Oklahoma, Pennsyl­ sought to operate as a contract carrier, vania, South Carolina, South Dakota, by motor vehicle, over irregular routes, Avenue South, Minneapolis, Minn. 55408. Tennessee, Texas, Virginia, West Vir­ transporting: Sodium hypochlorite solu­ Note: Applicant intends to tack the au­ ginia, and Wisconsin, for 180 days. Sup­ tion, from Houston, Tex., to points in thority sought herein with its existing FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5483

authority under MC 128490. Send pro­ Room 527, 1776 Peachtree Street NW., and Wisconsin, for 180 days. Supporting tests to: District Supervisor, A. E. Rath- Atlanta, Ga. 30309. Authority sought to shipper: Hyster Co., 2902 NE. Clackamas, ert, Interstate Commerce Commission, operate as a common carrier, by motor Portland, Oreg. 97208. Send protests to: Bureau of Operations, 448 Federal Build­ vehicle, over irregular routes, transport­ Chas. C. Biggers, District Supervisor, In­ ing and U.S. Courthouse, 110 South ing: Dry fertilizer, in bags and in bulk, terstate Comnaerce Commission, Bureau Fourth Street, Minneapolis, Minn. 55401. from Clyo, Ga., to points in South Caro­ of Operations, 332 Federal Building, No. MC 128491 (Sub-No. 1 TA ), filed lina, for 150 days. Supporting shipper: Davenport, Iowa 52801. March 27, 1968. Applicant: GEORGE Cotton Producers Association, 3348 No. MC 115523 (Sub-No. 146 TA), filed JOHN JOHANNSEN, doing business as Peachtree Road NE., Atlanta, Ga. 30309. March 26, 1968. Applicant: CLARK JOHANNSEN TRUCKING, Route 1, Deer Send protests to: Arthur B. Abercrom­ TANK LINES COMPANY, 1450 North Park, Wis. 54007. Applicant’s represent­ bie, District Supervisor, Interstate Com­ Beck Street, Post Office Box 1895 ative: Robert E. Swanson, 1211 South merce Commission, Bureau of Opera­ (84110), Salt Lake City, Utah 84116. Ap­ Sixth Street, Stillwater, Minn. 55082. Au­ tions, Room 601A, Federal Building, 901 plicant’s representative: Keith E. Taylor, thority sought to operate as a contract Sumter Street, Columbia, S.C. 29201. 520 Kearns Building, Salt Lake City, carrier, by motor vehicle, over irregular No. MC 42487 (Sub-No. 687 TA), filed Utah 84101. Authority sought to operate routes, transporting: Materials and sup­ March 28, 1968. Applicant T CONSOLI­ as a common carrier, by motor vehicle, plies used in the manufacture and sale of DATED FREIGHTWAYS CORPORA­ over irregular routes, transporting: Lime ice cream, ice milk, or products derived TION OF DELAWARE, 175 Linfield and lime products, in bulk, between therefrom, from Baldwin, Wis., to Ester- Drive, Menlo Park, Calif. 94025. Appli­ points in Utah, Nevada, and Idaho, for ville, Iowa, and points in Wisconsin, Min­ cant’s representative: V. S. Tyler (same 180 days. Supporting shippers: Peter nesota, and North Dakota, for 150 days. address as above). Authority sought to Kiewit Sons Co., Idaho Falls, Idaho; The Supporting shipper: Regal Services, Inc., operate as a common carrier, by motor Flintkote Co., U.S. Lime Division, 2244 2815 Blaisdell Avenue, South Minneap­ vehicle, over irregular routes, transport­ Beverly Boulevard, Los Angeles, Calif. olis, Minn. 55408. Note: Applicant in­ ing: General commodities (except liquid 90057. N o t e : Applicant proposes to tack tends to tack the authority sought herein ¡petroleum products, in bulk, in tank to its existing authority (MC-115523 with its existing authority under MC trucks, and household goods), between Sub. 32). Send protests to: John T. 128491. Send protests to: District Super­ points in Lincoln County, Mont., for 180 Vaughan, District Supervisor, Interstate visor, A. E. Rathert, Interstate Commerce days. Supporting shipper: Morrison- Commerce Commission, Bureau of Op­ Commission, Bureau of Operations, 448 Knudsen Co., Inc., 319 Broadway, Boise, erations, 2224 Federal Building, Salt Lake Federal Building, and U.S. Courthouse, Idaho. N o t e : Applicant will tack this City, Utah 84111. 110 South Fourth Street, Minneapolis, authority with its present authority be­ No. MC 116063 (Sub-No. 107 TA ), filed Minn. 55401. tween Kalispell, Mont., and Libby, Mont., March 26, 1968. Applicant: WESTERN- authorized in MC 42487 Sub 24. Appli­ By the Commission. COMMERCIAL TRANSPORT, INC., cant also intends to tack with its ir­ 2400 Cold Springs Road, Post Office Box [seal] H . N e il G a r s o n , regular route authority. Send protests to: 270 (76101), Fort Worth, Tex. 76106. Ap­ Secretary. District Supervisor, Claud W. Reeves, In­ plicant’s representative: W. H. Cole [F.R. Doc. 68-4155; Filed, A p r., 5, 1968; terstate Commerce Commission, Bureau (same address as above). Authority 8:47 a.m.] of Operations, 450 Golden Gate Avenue, sought to operate as a common carrier, Box 36004, San Francisco, Calif. 94102. by motor vehicle, over irregular routes, . [Notice 581 ] No. MC 111401 (Sub-No. 248 T A ), filed transporting: Chemicals, in bulk, from MOTOR CARRIER TEMPORARY ¡March 28, 1968. Applicant: GROEN- plantsite of Monsanto Co. at Eldorado, AUTHORITY APPLICATIONS DYKE TRANSPORT, INC:' 2510 Rock Ark., to points in Alabama, Florida, Island Boulevard, Post Office Box 632, Georgia, Louisiana, Mississippi, Missouri, A p r il 3 ,1 9 6 8 . Enid, Okla. 73701. Applicant’s represent­ North Carolina, Oklahoma, South Caro­ The following are notices of filing of ative: Victor R. Comstock (same address lina, Tennessee, and Texas, for 180 days. applications for temporary authority un­ above). Authority sought to operate as a Supporting shipper: Monsanto CO., 800 der section 210a (a) of the Interstate common carrier, by motor vehicle, over North Lindbergh Boulevard, St. Louis, Commerce Act provided for under the irregular routes, transporting: Fertilizer, Mo. 63166. Send protests to: Billy R. new rules of Ex Parte No. MC 67 (49 in bulk, in tank vehicles, from Holland, Reid, District Supervisor, Interstate CFR Part 340), published in the F ederal Tex., to Wisner, Franklin Parish, La., for Commerce Commission, Bureau of Op­ Register, issue of April 27,1965, effective 180 days: Supporting shipper: Tuloma erations, 9A27 Federal Building, 819 Tay­ July l, 1965. These rules provide that Gas Products Co., G. C. Miller, Super­ lor Street, Fort Worth, Tex. 76102. protests to the granting of an applica­ visor, Traffic, Pan American Building, No. MC 117604 (Sub-No. 7 TA), filed tion must be filed with the field official Post Office Box 566, Tulsa, Okla. 74102. March 26, 1968. Applicant: MEADORS named in the F ederal R e g ist e r publica- Send protests to: C. L. Phillips, District FREIGHT LINE, INC., 1050 Jefferson tion, within 15 calendar days after the Supervisor, Interstate Commerce Com­ Street NW., Atlanta, Ga. 30318. Appli­ date of notice of the filing of the appli- mission, Bureau of Operations, Room 350, cant’s representative: Archie B. Culbreth, ation is published in the F ederal R e g is - American General Building, 210 North­ 1273 West Peachtree Street NE., Atlanta, ? ne COI>y °[ such protest must be west Sixth, Oklahoma City, Okla. 73102. Ga. 30309. Authority sought to operate as served on the applicant, or its authorized No. MC 114211 (Sub-No. 112 TA ), filed a common carrier, by motor vehicle, over presentative, if any, and the protests March 26, 1968. Applicant: WARREN regular routes, transporting: General such service has been TRANSPORT, INC., 305 Whitney Road, commodities (except those of unusual maae. The protests must be specific as Post Office Box 420, Waterloo, Iowa value, and except dangerous explosives, snrt 6 M^mce wliich such protestant can 50704. Applicant’s representative: Robert household goods as defined by the Com­ S n J L°.ffer’ and must ^ s i s t of a J. Molinaro (same address as above). mission, commodities in bulk, commodi­ signed original and six (6) copies. Authority sought to operate as a common ties requiring special equipment, and cat K°Py of the aPPhcation is on file, and carrier, by motor vehicle, over irregular those injurious or contaminating to other, o P £e examined at the Office of the routes, transporting: (1) Material han­ lading) , between Cartersville, Ga., and dling equipment; winches; compaction the Georgia-Tennessee State line, from S i ? s » and road making equipment, rollers, self- Cartersville, over U.S. Highway 411 to propelled, and non-self-propelled; mo­ the Georgia-Tennessee State line, serv­ R r a ^ S . 40 WWCh Pr°teStS bile cranes; and highway freight trailers, ing all intermediate points, and return M otor C arriers o f P r o p e r t y (2) Parts, attachments, and accessories over the same route; with authority to for the commodities described in (1) operate (1) over U.S. Highway 76 be­ MmchMC2ee081896

Georgia Highway 53 between Fairmount, tinuing contracts with Red Seal, Snack No. MC-FC-70300. By order of March Ga., and Calhoun, Ga., (5) over Georgia Foods Division, Pet Inc.; between Den­ 28, 1968, the Transfer Board approved Highway 140 between junction of such ver, Colo., and points in California and the transfer to Paul J. Wilhelmy, doing highway with U.S. Highway 411 and Nevada, for 180 days. Supporting ship­ business as Wilhelmy Transfer, Palmer, Adairsville, Ga., and (6) over Georgia per: Red Seal, Snack Poods Division, Nebr., of the operating rights in permit Highway 20 between Cartersville, Ga., Pet Inc,, 4300 Oneida Street, Denver, No. MC-127291 (Sub-No. 2), issued and Canton, Ga., for the purpose of Colo. 80222. Send protests to: District April 12, 1967, to Henry Schuler, doing joinder only with carrier’s other author­ Supervisor, Herbert C. Ruoff, Interstate business as Schuler Truck Line, Dalton, ized operations. Note: Applicant intends Commerce Commission, Bureau of Op­ Nebr., authorizing the transportation of, to tack the authority here applied for erations, 2022 Federal Building, Denver, compressed strawboard and wood, com­ with MC 117604 and subs thereto, inter­ Colo. 80202. bined, and parts used for the installation lining at common points such as Atlanta No. MC 129787 (Sub-No. 1 TA), filed thereof; from Dalton, Nebr., to points in and Rome., Ga., for 180 days. Supporting March 28, 1968. Applicant: JOHN NOTO Colorado, Wyoming, Iowa, Washington, shippers: Edward Lacey Mills, Inc., Fair- AND SALVATORE NOTO, a partner­ South Dakota, and Kansas; and wood- mount, Ga. 30139; Signet Carpet Com­ ship doing business as NOTO BROS., 760 pulp, paper, and rosin, from points in pany, Post Office Box 207, Dalton, Ga. Hawkins Avenue, Lake Ronkonkoma, Colorado, Washington, and Kansas, to 30720; Ranger Manufacturing Co., Inc., N.Y. 11779. Applicant’s representative: Dalton, Nebr. Frank J. Mattoon, 907 Ranger, Ga. 30634; Crown Chenille George A. Olsen, 69 Tonnele Avenue, Jackson Street, Sidney, Nebr. 69162, at­ Products Co., Inc., Post Office Box 39, Jersey City, N.J. 07306. Authority sought torney for applicants. Chatsworth, Ga. 30705. Send protests to: to operate as a contract carrier, by motor No. MC-FC-70326. By order of March William L. Scroggs, District Supervisor, vehicle, over irregular routes, transport­ 29, 1968, the Transfer Board approved Interstate Commerce Commission, Bu­ ing: Iron and steel, in coil and flat forms, the transfer to Albert E. Harden, Jr, reau of Operations, Room 309, 1252 West from piers in New York Harbor as de­ doing business as Lakeland Trans. Co, Peachtree Street NW., Atlanta, Ga. 30309. fined by the Commission, to Hauppauge 5620 Joylynne Drive, Madison, Wis. No. MC 118130 (Sub-No. 59 TA), filed and New Hyde Parks, N.Y., for 150 days. 53716, of the operating rights in permits March 26, 1968. Applicant: BEN HAM­ Supporting shipper: Tested Metals In­ Nos. MC-124216 and MC-124216 (Sub- RICK, INC., 740 North Houston, Fort ternational, Inc., 60 East 42d Street, New No. 1), issued April 21,1964, and April 27, Worth, Tex. 76106. Applicant’s repre­ York, N.Y. 10017. Send protests to: E. N. 1964, respectively, to Martin E. Scholl, sentative: Ben Hamrick (same address Carignan, District Supervisor, Inter­ doing business as Scholl Trucking Co, as above). Authority sought to operate state Commerce Commission, Bureau of Route No. 3, Stoughton, Wis. 53589, au­ as a common carrier, by motor vehicle, Operations, 346 Broadway, New York, thorizing the transportation of malt bev­ over irregular routes, transporting: N.Y. 10013. erages from St. Louis, Mo, to Watertown, Charcoal briquets, wood charcoal, in bags Wis, and from St. Paul, Minn, to Madi­ and bales, from Lehigh, N. Dak., to points By the Commission. son and Portage, Wis, with certain in Arizona, Montana, Utah, Idaho, [ seal] H . N eil G arson, restrictions. Washington, California, Nevada, and Secretary. No. MC-FC-70341. By order of March Oregon, for 180 days. Supporting ship­ [F.R. Doc. 68-4156; -Filed, Apr. 5, 1968; 28, 1968, the Transfer Board approved per: Husky Briquetting, Inc., Post Office 8 :4 7 a jn .] the transfer to Jackie E. Dautel, doing Box 380, Cody, Wyo. 82414. Send pro­ business as Dautel Truck Line, Abilene, tests to: Billy R. Reid, District Super­ Kans, of the operating rights in certifi­ visor, Interstate Commerce Commission, [Notice 119] cates Nos. MC-108517 (Sub-No. 2), and Bureau of Operations, 9A27 Federal MOTOR CARRIER TRANSFER MC-108517 (Sub-No. 3), issued July 2, Building, 819 Taylor Street, Fort Worth, PROCEEDINGS 1965, and July 2, 1965, respectively, to Tex. 76102. Dale I. Burt, doing business as Clay Cen­ No. MC 126867 (Sub-No. 7 TA), filed A pril 3,1968. ter Freight Service, Clay Center, Kans, March 26, 1968. Applicant: CONTRACT Synopses of orders entered pursuant authorizing the transportation over ir­ TRANSPORTATION, INC., 4008 Schus­ to section 212(b) of the Interstate Com­ regular routes, of processed animal feeds, ter Drive, West Bend, Wis. 53095. Ap­ merce Act, and rules and regulations processed feed ingredients, processed ani­ plicant’s representative: Richard Zima prescribed thereunder (49 CFR Part mal and fowl meat scraps and tankage, (same address as above). Authority 1132), appear below: and grain augers and parts therefor (ex­ sought to operate as a contract carrier, As provided in the Commission’s cept commodities which because of size by motor vehicle, over irregular routes, speeial rules of practice any interested or weight require special equipment), transporting: Italian cheese, from the person may file a petition seeking recon­ from and to specified points in Kansas, plantsite of the Grande Cheese Co., lo­ sideration of the following numbered Nebraska, Colorado, Oklahoma, Iowa, cated 1 Vz miles west of Brownsville, Wis., proceedings within 20 days from the date South Dakota, Texas, Illinois, Arkansas, on the one hand, to New York City, of publication of this notice. Pursuant to Indiana, Ohio, Michigan, North Dakota, Brooklyn, Long Island, Syracuse, Buffalo, section 17(8) of the Interstate Com­ and Montana varying with the commod­ Rochester, and Albion, N.Y., Providence, merce Act, the filing of such a petition ities transported. Clyde N. Christey, 641 R.I., Boston, Mass., Philadelphia, Pa., De­ will postpone the effective date of the Harrison Street, Topeka, Kans. 66603, troit and Lansing, Mich., on the other order in that proceeding pending its attorney for applicants. hand, for 180 days. Supporting shipper: disposition. The matters relied upon by No. MC-FC-70343. By order of March Grande Cheese Co., Brownsville, Wis. petitioners must be specified in their 29, 1968, the Transfer Board approved 53006 (John Candela, Vice President.) petitions with particularity. the transfer to Francis P. Ryan Corp, Send protests to: Lyle D. Heifer, District No. MC-FC-70294. By order of March Drawer 488, Barre, Vt. 05641, of the op­ Supervisor, Interstate Commerce Com­ 29, 1968, the Transfer Board approved erating rights in certificate No. MC- mission, Bureau of Operations, 135 West the transfer to Northeast Freight Lines, 20492, issued March 23, 1967, to Francis Wells Street, Room 807, Milwaukee, Wis. Inc., Paterson, N.J., of the operating P. Ryan, doing business as Ryan’s Heavy Hauling, Drawer 488, Barre Vt. 05641, 53203. rights in certificate No. MC-52870 issued August 31, 1949, to Fred M. Finkle, Inc., authorizing the transportation, over ir­ No. MC 127915 (Sub-No. 4 TA), filed Paterson, N.J., authorizing the trans­ regular routes, of contractor’s equipment, March 26, 1968. Applicant: C & W portation of general commodities, except machinery, and supplies, between points TRUCKING, INC., 2375 15th Street, those of unusual value, and except dan­ in Maine, New Hampshire, Vermont, Denver, Colo. 80202. Applicant’s rep­ gerous explosives, household goods, com­ Massachusetts, Connecticut, and Rhode resentative: Paul D. Wishon (same ad­ modities in bulk, and commodities re­ Island, and between points in Maine, New Hampshire, Vermont, Massachusetts, dress as above). Authority sought to quiring special equipment, over irregular routes, between New York, N.Y., on the and Rhode Island, on the one hand, and, operate as a contract carrier, by motor one hand, and, on the other, points in on the other, points in New York. vehicle, over irregular routes, transport­ New Jersey within 20 miles of New York. [ seal] H . N eil G arson, ing: Foodstuffs (except frozen food and George A. Olsen, 69 Tonnele Avenue, Secretary. meats requiring mechanical refrigera­ Jersey City, N.J. 07306, representative for [F.R. Doc. 68-4157; Filed, Apr. 5, IIP8: tion), restricted to service under con- applicants. 8 :i 7 a.m .] FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5485 FEDERAL POWER COMMISSION , [Docket Nos. R I68-532, etc.] GULF OIL CORP. ET AL. Order Accepting Contract, Providing for Hearings on and Suspension of Proposed Changes In Rates \

M a r c h 2 9 ,1 9 6 8 . The above-named Respondents have tendered for filing proposed changes in presently effective rate schedules for sales of natural gas subject to the jurisdiction of the Commission. The proposed changes, which constitute increased rates and charges, are designated as follows:

ipoes not consolidate for hearing or dispose of the several matters herein.

Effective Cents per Mcf Rate in Rate Sup­ Amount Date date Date sus- effect sub- Docket Respondent sched­ ple­ Purchaser and producing area of annual filing unless [»ended ject to No. ule ment increase tendered sus­ until— Rate in Proposed refund in No. No. pended effect increased rate docket Nos.

RI6&-532... Gulf Oil Corp. 234 5 Florida Gas Transmission $18,500 3- 6-68 2 4- 368 9- 6-68 2816.0 »**17.0 (Operator) et aL, Co. (Chenango and Blue Post Office Box Lake Fields, Brazoria 1589, Tulsa, Okla. County, Brazoria County. 74102, Attn: Tex.) (RR. District No. 3). Arthur F. Whitt, Esq. RK8-533— 2 » H United Gas Pipe Line Co: 3- 6-68 2 4- 6-68 (Accepted) 1135 Capital 2 12 (Eugene Island Area, 8,135 3- 6-68 »4-6-68 6- 6-68 «10.047 *2 816.75 National Bank Offshore Louisiana). Bldg., Houston, Tex. 77002. RI68-534.._ Forest Oil Corp., 13 3 Transcontinental Gas Pipe 2,432 3-11-68 2 4-11-68 9-11-68 » 15.202 42 «16.2160 RI64614. 1300 National Bank Line Corp. (San Miquel of Commerce Bldg., Creek Field, McMullen San Antonio, Tex. County, Tex.) (RR. 78205. District No. 1). RI68-535... Texaco, Inc., Post 55 w 9 Tennessee Gas Pipeline Co., 3,060 3-11-68 « 4-11-68 9-11-68 16.0 4 « 16.1536 RI66-333. Office Box 430, a division of Tenneco, Inc. Bellaire, Tex. (Raymondville Field, 77401. Willacy County. Tex.) (RR. District No. 4). RI68-636... Woods Petroleum 18 1 Michigan Wisconsin Pipe 5,220 3- 4-68 »4- 4-68 9- 4-68 «15.0 i 13 u 17. g Corp., 4900 North Line Co. (Woodward Area, Santa Fe, Okla­ Major County, Okla.) homa City, Okla. (Oklahoma “ Other” Area). 73118. RI68-537... Phillips Petroleum 332 5 Natural Gas Pipeline Co. of 182 3- 6-68 2 4- 6-68 9- 6-68 *17.0 44 «18.4 RI61-362. Co. (Operator) et America (Southeast al., Bartlesville, Camrick Field, Beaver Okla. 74003. County, Okla.) (Panhandle Area). RI68-538.. Ashland Oil & Refin­ 78 M 16 Panhandle Eastern Pipe 2,829 3- 6-68 2 4- 6-68 9- 6-68 ««17.550 4 17 « 20.958 ing Co., Post Office Line Co. (Northeast Soiling Box 18695, Okla­ Field, Dewey County, homa City, Okla. Okla.) (Oklahoma “ Other” 73118. Area). RI68-539.. Marathon Oil Co. 60 3 Texas Gas Transmission (“ > 3-11-68 2 4r-ll-68 9-11-68 *«18.75 • 8 »3020.25 (Operator) et al., Corp. (Calhoun Field, 539 South Main St., Lincoln Parish, La.) Findlay, Ohio (N orth Louisiana). 45840. RI68-540.. Phillips Petroleum 388 8 Michigan Wisconsin Pipe 9,855 3- 7-68 »4- 7-68 9- 7-68 «15.0 4 « 2119.5 Co., Bartlesville, Line Co. (Woodward Area, Okla. 74003. Alfalfa, Dewey, Major, and Woods Counties, Okla.) (Oklahoma “ Other” Area). EI68-541 Sinclair Oil & Gas 291 2 Panhandle Eastern Pipe 609 2-29-68 »3-31-68 8-31-68 « 23 17.985 4 U 23 23 20.383 Co., Post Office Line Co. (East Trail Field, Box 521, Tulsa, Dewey County, Okla.) Okla. 74102. (Oklahoma “ Other” Area). RI6&-542.. Calvert Exploration 7 4 Kansas Nebraska Natural 2,069 2-29-68 113-31-68 8-31-68 *«17.0 4**« 18.01 Co. (Operator) et Gas Co., Inc. (Camrick al., 2300 Fourth * Field, Beaver County, National Bank Okla.) (Panhandle Area). Bldg., Tulsa, Okla. 74119. RI68-543.. Natural Fuels Corp., 1 10 Lone Star Gas Co. (Cumber­ 44,360 3- 1-68 »4- 1-68 9- 1-68 »*14.0 4 »15.0 11th Floor, V & J land Oil Field, Marshall Tower, Midland, County, Okla.) (Oklahoma Tex. 79701. R168-544.. “ Other” Area). Atlantic Richfield 292 8 Texas Eastern Transmission 787 3- 1-68 »4- 1-68 9- 1-68 15.0 4 « 15.6 Co., Post Office Box Corp. (North Lansing 2819, Dallas, Tex. Field, Harrison County, , 75221. Tex.) (RR. District No. 6). Atlantic Richfield 308 2 Panhandle Eastern Pipe Line 1,696 3- 4-68 »4-4-68 9- 4-68 « 2815.240 4 14 37 28 17. 287 Co. Co. (Putnam Field, Dewey County, Okla.) (Oklahoma “ Other” Area).

15 Filing from initial certificated rate. Contractually due 19.5 cents per Mcf. 4 Pressure base^ ®on*ra^ oa^ly entitled to 19.5 cents per Mcf. 14 Subject to upward and downward B.t.u. adjustments 15 Seven-step periodic rate increase. * 8ettiemmta d,ownwa'rd B.tu. adjustment. « Applicable to acreage added by Supplement No. 15: No. G-952n m fi 88 aPProved by Commission order issued Apr. 25,1963, in Docket v “ Fractured” rate increase, plus tax reimbursement. Respondent contractually due periodic increase to base rate of 19.5 cents per Mcf. 18 includes 15-cent base rate plus upward B.t.u. adjustment before increase and • TwfSi6 base 1815-°25 p.s.i.a. 17.9-cent base rate plus upward B.t.u. adjustment plus 0.015-cent tax reimbursement “ Sublet increase- after increase. as 890 B.tfu.’s per'citoic foot*"'11' pr*C6 ^i^tm ent. Average B.t.u. content is reported “ “No deliveries presently being made.” 20 Includes 1.75-cent tax reimbursement. a Tax retobursement ^ *be flrst day ai*er expiration of the statutory notice. 21 Respondent filing from conditioned permanent certificated rate to initial contract rate.

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5486 NOTICES

22 Filing from initial certificated rate to initial contract rate. 22 Filing from initial certificated rate to initial contract rate plus tax reimbursement 2 includes base rate of 15 cents plus 2.985 cents upward B.t.u. adjustment before 28 Includes base rate of 15 cents plus 0.24 cent upward B.t.u. adjustment before increase and base rate of 17 cents plus 3.383 cents after increase (1,199 B.t.u. gas). increase and 17 cents plus 0.72 cent upward B.t.u. adjustment plus 0.015-cent tax M Subject to a 2 cents per Mcf compression charge by buyer. reimbursement after increase. 28 Settlement rate pursuant to Commission order issued May 24, 1965, approving 22 Contract dated Nov. 1,1967, provides, among other things, for cancellation of National Fuel’s offer of settlement in Docket No. G-20426. Filing moratorium ex­ the basic contract dated Feb. 8,1951, as amended, and for a new pricing schedule pired Mar. 1,1968. which is the basis for the rate proposed herein. 28 Three-step periodic increase. 80 Applicable to acreage added by Supplement No. 6 only.

Texaco, Inc. (Texaco), requests that its suspended and the use thereof deferred [Docket Nos. R I68-527, etc.] proposed rate increase be permitted to as hereinafter ordered (except for the PHILLIPS PETROLEUM CO. ET AL. become effective as of March 11, 1968, supplement set forth in paragraph (1) and Calvert Exploration Co. (Operator) above). Order Providing for Hearings on and et al. (Calvert) request a retroactive ef­ The Commission orders : Suspension of Proposed Changes in fective date of December 1,1967, for their (A) Newmont’s contract dated Novem­ Rates 1 proposed rate increase. Good cause has ber 1, 1967, designated as Supplement M arch 29,1968. not been shown for waiving the 30-day No. 11 to its PPC Gas Rate Schedule No. The Respondents named herein have notice requirement provided' in section 2, is accepted for filing and permitted to filed proposed increased rates and 4(d) of the Natural Gas Act to permit become effective on April 6, 1968, the charges of currently effective rate sched­ earlier effective dates for Texaco and proposed effective date. ules for sales of natural gas under Com­ Calvert’s rate filings and such requests (B) Pursuant to the authority of the mission jurisdiction, as set forth in ap­ are denied. Natural Gas Act, particularly sections 4 pendix A hereof. Concurrently with the filing of its rate and 15 thereof, the Commission’s rules of The proposed changed rates and increase, Newmont Oil Co. (Newmont) practice and procedure, and the regula­ charges may be unjust, unreasonable, submitted a contract dated November 1, tions under the Natural Gas Act (18 unduly discriminatory, or preferential, 1967, designated as Supplement No. 11 CPR Ch. I ) , public-hearings shall be held or otherwise unlawful. to Newmont’s PPC Gas Rate Schedule upon dates to be fixed by notices from The Commission finds; It is in the pub­ No. 2, which provides the basis for its the Secretary concerning the lawfulness lic interest and consistent with the proposed rate increase. We believe that it of the proposed increased rates and Natural Gas Act that the Commission would be in the public interest to accept charges contained in the above-desig­ enter upon hearings regarding the law­ for filing Newmont’s proposed contract nated rate supplements (except the sup­ fulness of the proposed changes, and that to become effective on April 6, 1968, the plement set forth in paragraph (A) the supplements herein be suspended and proposed effective date, but not the pro­ above). their use be deferred as ordered below. posed rate contained therein which is (C) Tending hearings and decisions The Commission orders: (A) Under the suspended as hereinafter ordered. thereon, the above-designated rate sup­ Natural Gas Act, particularly sections All of the producers’ proposed in­ plements are hereby suspended and the 4 and 15, the regulations pertaining creased rates and charges exceed the use thereof deferred until the date indi­ thereto (18 CFR Ch. I), and the Com­ area price levels for increased rates as cated in the above “Date Suspended mission’s rules of practice and procedure, set forth in the Commission’s Statement Until” column, and thereafter until such public hearings shall be held concerning of General Policy No. 61-1, as amended further time as they are made effective the lawfulness of the proposed changes. in the manner prescribed by the Natural (18 CFR 2.56). (B) Pending hearings and decisions The proposed changed rates and Gas Act. thereon, the rate supplements herein are charges may be unjust, unreasonable, (D) Neither the supplements hereby suspended and their use deferred until unduly discriminatory, or preferential, or suspended, nor the rate schedules sought date shown in the “Date Suspended Un­ otherwise unlawful. to be altered thereby, shall be changed til” column, and thereafter until made The Commission finds: until these proceedings have been dis­ effective as prescribed by the Natural Gas (1) Good cause has been shown for posed of or until the periods of suspen­ Act. accepting for filing Newmont’s contract sion have expired, unless otherwise or­ (Ç) Until otherwise ordered by the dated November 1, 1967, designated as dered by the Commission. Commission, neither the suspended sup­ Supplement No. 11 to Newmont’s PPC (E) Notices of intervention or peti­ plements, nor the rate schedules sought Gas Rate Schedule No. 2, and for per­ tions to intervene may be filed with the to be altered, shall be changed until dis­ mitting such supplement to become ef­ Federal Power Commission, Washington, position of these proceedings or expira­ fective on April 6, 1968, the proposed D.C. 20426, in accordance with the rules tion of the suspension period. effective date. of practice and procedure (18 CFR 1.8 (D) Notices of intervention or peti­ (2) It is necessary and proper in the and 1.37(f)) on or before May 15, 1968. tions to intervene may be filed with the public interest and to aid in the enforce­ By thè Commission. Federal Power Commission, Washington, ment of the provisions of the Natural D.C. 20426, in accordance with the rules Gas Act that the Commission enter upon [seal] Gordon M. G rant, of practice and procedure (18 CFR 1.8 hearings concerning the lawfulness of Secretary and 1.37(f) ) on or before April 15,1968. the proposed changes, and that the [F.R. Doc. 68-4077; Filed, Apr. 5, 1968; By the Commission. above-designated rate supplements be 8 :4 5 a.m .] [seal] G ordon M. Grant, Secretary.

1 Does not consolidate for hearing or dis­ pose of the several matters herein.

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5487

APPENDIX “A”

Effective t per Mcí Kate in Effect Docket Rate Supp. Date Date Date Filing Unless Suspend- Subject To No. Respondent Sched. No. Purchaser and Producing Area of Annua No. Increase Tendere« Sus- ed Until Rate in Proposed In- Refund in pended Effect creased Rate Docket Nos.

(í 14.44 » 4 s 16.8792 KI68-627— Phillips Petroleum 65 15 El Paso Natural Gas Co. $17,635 3- 4-68 *4-4-68 9- 4-68 Co. (Operator) et (Jal Field, Lea County, al., Bartlesville, N. Mex.). Okla. 74003, Attn; Mr. Dan Mayer. 256 8 El Paso Natural Gas Co. 1,235 3- 4-68 »4-4-68 9- 4-68 • >» 14. 5 « » 18.243 (Spraberry Field, Reagan County, Tex.) (RR. District No. 7-C). 274 7 El Paso Natural Gas Co. 1,495 3- 4-68 *4- 4-68 9- 4-68 « » 14.12 » “ 16.8792 (Crosby-Devonian Field, Lea County, N. Mex.) 32 28 El Paso Natural Gas Co. 10,862 2-29-68 *3-31-68 8-31-68 « » 14 49 * 4 • » 15.12897 (Goldsmith and Fullerton 599,171 « B H 12.43 * 4 « la 15.12897 Plants, Ector and Andrews Counties, Tex.) (RR. District No. 8) and (Eunice Plant, Lea County, N. Mex.). 32 29 ____ do...,...... 27,351 « 2-29-68 *3-31-68 8-31-68 • “ 13.70 8 4 í o in 15.2195 580,224 « »«12.43 3 4 5 10 12 15.2195 33 15 15,770 2-29-68 *3-31-68 8-31-68 »»»14.49 * 4 « »0 15.12897 734,120 » »» »< 12.43 »“ '>»* 15.12897 33 16 ___ .d o ...... (li) » 2-29-68 *3-31-68 8-31-68 « »» 13.70 **«•»» 15.2195 (»0 « « »« 12.43 8 4 « io is is. 2195 KI68-628.__ Phillips Petroleum 66 10 EI Paso Natural Gas Co. 1,123 3- 4-68 *4- 4-68 9- 4-68 « »» « 14 51 » 4 » 18.2529 Co. (Denton Plant, Lea 76 « »» » 16.66 » 4 8 18.2529 County, N. Mex.). 151 10 1,983 3- 4-68 *4- 4-68 9- 4-68 «*»14 99 » 4 » 16.8792 (Jal Field, Lea County, N . Mex.). do , , 260 7 El Paso Natural Gas Co. 1,427 3- 4-68 *4- 4-68 9- 4-68«*»13.64 » ‘ 15.7093 (Noelke Field, Crockett County, Tex.) (RR. Dis­ trict No. 7-C). 309 11 430 3- 4-68 *4-4-68 9- 4-68 « ** 14 10 « 4 15.2025 (Jack Herbert Field, Upton County, Tex.) (RR. Dis­ trict No. 7-C).' ___do_ _ 315 5 561 3- 4-68 *4- 4-68 9- 4-68 «*»14 50 » < 18.2430 (Spraberry Field, Reagan County, Tex.) (RR. Dis­ trict No. 7-C). do TTr. 358 7 103 3- 4-68 *4- 4-68 9- 4-68 « *» 13.64 » 4 15.70925 (Noelke Field, Crockett County, Tex.) (RR. Dis­ trict No. 7-C). 368 4 Transwestern Pipeline Co. (“) 3- 4-68 *4-4-68 9- 4-68 • *« 14.40 »4 18.0 (Puckett Field, Pecos County, Tex.) (RR. Dis­ trict No. 8). 374 7 Transwestern Pipeline Co. »11,664 3- 4-68 »4-4-68 9- 4-68 » » *« 16.07 » 4 18.50 (Bell Lake Field, Lea * 623 « *8 a le. 49 * ‘ 18.60 County, N. Mex.). 387 6 Northern Natural Gas Co. 708 2-29-68 *3-31-68 8-31-68 «M17.0 » 4 16.41 (Hunt-Baggett Area, Crock- ett County, Tex.) (RR, District No. 7-C). 306 5 Northern Natural Gas Co. 152,880 2-29-68 *3-31-68 8-31-58 « « 14.36 * 4 18.0 (Emperor Field, Winkler County, Tex.) (RR. Dis­ trict No. 8). 397 4 El Paso Natural Gas Co. 4,370 2-29-68 *3-31-68 8-31-68 •**16.48 » 4 16. 7228 (Lancaster Hills Area, Crockett County, Tex.) (RR. District No. 7-C); 404 El Paso Natural Gas CoJ 2-29-68 *3-31-68 8-31-68 • « 15.91 » « 16. 7228 (Gomez Area, Pecos County, Tex.) (RR. Dis­ trict No. 8). 8-31-68 (Goldsmith Plant, Ector 642,796 • b 8« Î2 .34 8 4 W 88 15.1290 County, Tex.) (RR. Dis- trict No. 8), 10 18 El Paso Natural Gas Co. 613 2-29-68 *3-31-68 8-31-68 •»»16.27 » 4 » »» 18.1332 (Keystone Plant, Keystone 35,996 « B « 14.29 8 4 88 8« 18.1332 Field, Winkler County, Tex.) (RR. District No. 8). 64 15 El Paso Natural Gas Co. 14,785 2-29-68 *3-31-68 8-31-68 • »» 13.70 » 4 8 41 42 15. 2195 (Eunice Plant, Lea County, 418,785 • 18 44 ii. 57 8 4 8 43 43 15. 2195 ÄI68-J29.. N. Mex.). Phillips Petroleum 406 6 El Paso Natural Gas Co. (Wil- 7,329 2-29-68 *3-31-68 8-31-68 * B 4« 14. 51 4 46 18.0 Co. (Operator). son Plant, Lea County, N. 162,810 •»»«16.66 * 4« 18.0 Mex.). -— do...... 438 1 El Paso Natural Gas Co. 392,886 2-29-68 *3-31-68 8-31-68 « 40 14 si 4 48 17. 5 (Luck Plant, Lea County, 87,600 »» « 16.66 4 4» 17.66 N . Mex.). 433 3 El Paso Natural Gas Co. (Wil- (») 3- 4-68 *4- 4-68 9- 4-68 • *» » 16.66 » 4 17.75 1 son Plant, Eunice Area, Lea M 3- 4-68 *4- 4-68 9- 4-68 • 18 80 14 s » 4 17.75 County, N. Mex.). * 4 « 14.o (Andrews Plant, Andrews County, Tex.) (RR. Dis- trict No. 8)...... d o ...... 18 49 Northern Natural Gas Co; 79,312 2-29-68 *3-31-68 8-31-68 • »* «* IL 65 »<14.0 (Benedum Plant, Upton • »» •» 13.65 County, Tex.) (RR. Dis- trict No. 7-C.) 18 «50 Northern Natural Gas Co; 80,000 2-29-68 »3-31-68 8-31-68 • « « 12.0 »4 «14.0 (Spraberry Plant, Midland County, Tex.) (RR. Dis- See foot] trict No. 8)j lotes ai end of table. '

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5488 NOTICES APPENDIX “A”—Continued

Effective t per Mcf Ratein Docket Rato Supp. Date Date Date Effect No. Respondent Sched. No. Purchaser and Producing Area csf Annual Filing Unless Suspend­ Subject To No. Increase Tendered Sus­ ed Until Rate in Proposed In­ Refund in pended Effect creased Rate Docket Nos.

RI 68-520 ____ do...... 18 51 Northern Natural Gas Co. 301,344 2-29-68 2 3-31-68 8-31-68 8 83 14.36 3 4 17.1632 (Puckett-Devonian Field, Pecos County. Tex.) (RR. District No. 8). 381 5 Northern Natural Gas Co. 2,530 2-29-68 23-31-68 8-31-68 8 13 8414.83 3 417.0 (Azalea Plant, Midland 56,420 8 » 8816.89 County, Tex.) (RR. Dis­ trict No. 8)...... do-.l...... 386 6 Northern Natural Gas Co. 52,800 2-29-68 2 3-31-68 8-31-68 8 43 84 14.36 3 4 17.0 (Benedum-StUes Area, 1,216 8 11 30 iß. 36 Upton County, Tex.) (RR. District No. 7-C). 359 18 El Paso Natural Gas Co. * 77,575 2-29-68 2 3-31-68 8-31-68 613 56 14. 64 3 4 18. 1823 (Winkler Plant, Winkler 2,831 6 1166 16. 66 County, Tex.) (RR. Dis­ trict No. 8). 363 15 El Paso Natural Gas Co. 2-29-68 2 3-31,68 8-31-68 8 44 8713.32 416.2160 (TunstUl Plant, Reeves 146,880 2-29-68 2 3-31-68 8-31-68 8 43 8711.32 County, Tex.) (RR. Dis­ trict No. 8). 410 5 El Paso Natural Gas Co. 108,360 2,29-68 2 3-31-68 8-31-68 6 11 68 16. 74 3 4 18.0 (Ector Plant, Ector County, 32,077 6 13 59 U 71 Tex.) (RR. District No. 8)...... do...... 9 19 El Paso Natural Gas Co. 5,232 2-29-68 2 3,31-68 ^8-31,68 8 4413.61 3 4 48 88 14.8767 (Crane Plant, Crane Field, 344,120 2-29-68 2 3-31-68 8-31-68 8 43 8411.59 4 8 loss 14.8767 Crane County, Tex.) (RR. District No. 8). 243 19 El Paso Natural Gas Co. 10,863 .2-29-68 2 3-31-68 8-31-68 8 44 15. 14 3 4 8 4415.7272 (Lee Plant, Lea County, 316,527 8 43 8212.97 3 4 8 43 15. 7272 N . Mex.) and (Hobbs Plant, Lea County, N. Mex). 243 20 41 2-29-68 2 3-31-68 8-31-68 8 4415.14 3 4 8 4415.2195 151,844 8 43 4412.97 3 4 8 43 15.2195 RI68-530... Sinclair Oil & Gas 28 8 El Paso Natural Gas Co. 2,664 2-29-68 83 3-31-68 8-31-68 8 84 14. 51 8 418.0 Co., Post Office Box (Denton Plant, Lea County, 521, Tulsa, Okla. N . Mex.). 74102, Attn: Mr. P. T. Davis. _ 71 9 El Paso Natural Gas Co. 2,168 2-29-68 83 3-31-68 8-31-68 8 88 14.31 34 8 16.8793 (Eumont Field, Lea County, N. Mex.). RI68-531... Sun OU Co., 1608 221 3 Transwestern Pipeline Co. 57,150 2-29-68 83 3-31-68 8-31-68 8713.88 4 88 15.15 Walnut St., Phila­ (Hamon-EUenburger Field, delphia, Pa. 19103, Reeves County, Tex.) Attn: C. E. Webber, (RR. District No. 8) Director of Natural (Permian Basin Area). Gas Administration.

2 The stated effective date is the first day after expiration of the statutory notice. 38 Rate of 13.6155 cents effective subject to refund in Docket No. G-20404. 8 Increase from applicable area ceiling rate to contractually provided rate. 87 Rate presently effective subject to refund in Docket No. RI65-186 only to inat 4 Pressure base is 14.65 p.s.i.a. portion of residue gas derived from new gas-well gas. « Includes partial reimbursement for full 2.55 percent New Mexico Emergency 88 Subject to a deduction of 1 cent per Mcf for quality. . ' School Tax. 89 Rato suspended in Docket No. RI65-186, but not placed m effect. * Rate established by previously accepted quality statement. 40 Rate of 17.1286 cents effective subject to refund in Docket No. G-204U5. 7 Effective rate is 15.8562 cents per Mcf effective subject to refund in Docket No. 41 Rate presently effective subject to refund in Docket No. RI65-185 only to v RI63-452; subsequent increase to 16.8792 cents is suspended in Docket No. RI65-206 portion of residue gas derived from new gas-well gas. .,. and has not been made effective subject to refund. 42 Subject to a deduction of 1.75 cents per Mcf for compression, plus 0.75 cen * Effective rate is 17.2296 cents per Mcf effective subject to refund in Docket No. gas volumes used by Phillips in operating its extraction facilities. ,. G-20403; subsequent increase to 18.243 cents is suspended in Docket No. RI65-206 48 Rate suspended in Docket No. RI65-185, but not placed in effect lor tne oiu and has not been made effective subject to refund. residue gas portion. . „ * Rate presently effective subject to refund in Docket No. RI65-187 only to that 44 Rate of 13.6966 cents effective subject to refund in Docket No. Rioa-4M. portion of residue gas derived from new gas-well gas. 48 Increase from applicable area ceiling rate to contractually provided rate. » Subject to a deduction of 1.75 cents per Mcf for compression, plus 0.75 cent for gas 48 Effective rate is initial rate of 16 cents per Mcf. . _ . t volumes used by Phillips in operation, 47 Effective rate is 18 cents per Mcf, effective subject to refund in dock ^ u Pertains to residue gas derived from new gas-well gas. RI67-360. 42 Rate suspended in Docket No. RI65-187, but not placed in effect. 48 Increase to contractually provided rate due Jan. 1,1968. .__M nr0. 13 Pertains to residue gas not derived from new gas-well gas. 49 Initial rate conditioned to Respondent’s submittal of quakty statemeni^ u Rate of 13.6155 effective subject to refund in Docket No. G-20403. vided in order issuing permanent certificate in Docket No. CI67-176». uesp« ,er u Corrected by filing of Mar. 14,1968. has not submitted quality statement to date. Rate shown is initial rai » Rate of 13.6966 effective subject to refund in Docket No. RI63-452. 17 Respondent reports zero volumes presently being sold. 80 Present effective rate is applicable area ceiling rate under Permian Basin 18 Effective rate is 17.2368 cents per Mcf, subject to refund in Docket No. RI64-4; subsequent increase to 18.2529 Cents is suspended in Docket No. RI65-186 and has ?. Appicable only to that portion of the total residue gas that is not derived from not been made effective subject to refund. new gas-well gas. . , , , . ._ rwfcet No. 19 Effective rate is 18.2629 cents per Mcf, effective subject to refund in Docket No. 82 Current effective rate is 14 cents, effective subject to refund in u RI65-186. RI67-359. « j Ti/ii'kpt No. 20 Effective rate is 15.8562 cents per Mcf, effective subject to refund in Docket No. 83 Current effective rate is 16.1536 cents, effective subject to refund in RI63-454; subsequent increase to 16.8792 cents is suspended in Docket No. RI65-205 G-17071. . and has not been made effective subject to refund—both rates include partial reim­ 84 Current effective rate is the initial rate of 16 cents per Mcf. Twket No. bursement for full 2.55 percent New Mexico Emergency School Tax. 88 Current effective rate is 17 cents, effective subject to refund in 21 Effective rate is 14.6958 cents per Mcf, effective subject to refund in Docket No. RI67-360. • • ■ ¡„ nncket No. G-20405; subsequent increase to 15.7093 cents is suspended in Docket No. RI65-205 88 Current effective rate is 18.1823 cents, effective subject to refund in and has not been made effective subject to refund. RI65—185. - a T)nok6t No. 22 Effective rate is 15.2025 cents per Mcf, effective subject to refund in Docket No. 87 Current effective rate is 14.6958 cents, effective subject to refund in _ jj^en RI65-205. G-20417—16.2160-cent rate is suspended in Docket No. RI65-185 and u 28 Effective rate of 17.2295 cents per Mcf, effective subject to refund in Docket No. made effective. . , . . , ■„ nocket No. G-20405; subsequent increase to 18.2430 cents is suspended in Docket No. RI65-205. 88 Current effective rate is 18 cents, effective subject to refund m 24 Effective rate of 14.69575 cents per Mcf, effective subject to refund in Docket No. RI67-360. , , , RI60-2; subsequent rate of 15.70925 cents suspended in Docket No. RI65-205. 89 Current effective rate is the initial rate of 16 cents per Mcf. , that 25 “No current deliveries.” 80 Rate presently effective subject to refund in Docket No. Rlo5 is 28 Effective rate is conditioned initial rate of 16 cents per Mcf. portion of residue gas derived from new gas-well gas. _ n_<«un4 27 For gas from the Devonian Formation. 81 Rate of 13.3632 cents effective subject to refund in Docket No. ^¿,53 28 Current effective rate is 18.5 cents, effective subject to refund in Docket No. 82 Rate of 14.2042 cents effective subject to refund in Docket No. »■ . . * RI67-395. 83 The stated effective date is the effective date requested by Respo •. e{ ^0. 28 For gas from the Pennsylvanian Formation. 84 Effective rate is 18 cents per Mcf, effective subject to refund 30 Current effective rate is 17 cents per Mcf, effective subject to refund in Docket No. R157-360. 88 Effective rate is 16.8793 cents per Mcf, effective subject to refund in Doc 31 Current effective rate is the initial rate of 16 cents per Mcf. RI65-38. . ner Mcf sd- 32 Current effective rate is 16.7228 cents per Mcf, effective subject to refund in 66 Increase from conditioned initial rate to contract rate of l/.o cen n . /gjse Docket No. RI65-205. justed for quality deficiency as provided by Opinion Nos. ’ 60 ana 33 Current effective rate pursuant to certificate issued in Opinion No. 484. rate of 17.5 cents less 1.52 cents for 913 B.t.u. gas and 0.83 cent treating " 1967, to 34 Rate presently effective subject to refund in Docket No. RI65-185 only to that 87 Initial rate under conditioned temporary certificate issued oep • > gasand portion of residue gas derived from new gas-well gas. Docket No. CI67-994. (Base rate of 16.5 cents less 1.62 cents for 902 6 38 Rate suspended in Docket No. RI65-185, but not placed in effect for the old res­ 1 cent treating costs.) idue gas portion. FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 NOTICES 5489

Phillips Petroleum Co., Phillips Petroleum Specifically, Applicant proposes to Seneca Street, Oil City, Pa. 16301 and Co. (Operator), and Phillips Petroleum Co. construct and operate the following Pennsylvania Gas Co. (Penn Gas), 213 (Operator) et al-' (all referred to herein as facilities: Second Avenue, Warren, Pa. 16365, filed Phillips) request waiver of the statutory notice to permit their proposed rate in­ (1) Approximately 0.06 mile of 2%- in Docket No. CP68-257 a joint applica­ creases to become effective as of February 29, inch O.D., w.t. pipeline, with necessary tion pursuant to sections 7(b) and 7(c) 1968, and March 4, 1968. Phillip« also request appurtenances, commencing at a point of the Natural Gas Act for an order per­ that should the Commission suspend their located on Applicant’s 22-inch OJD. mitting the termination of the Keelor rate filings that the suspension periods be Ignacio to Sumas mainline in the SW}4 Storage Area Operating Agreement, an limited to 1 day. Good cause has not been of sec. 13, T. 14 S., R. 44 E., Baker order authorizing the abandonment by shown for granting Phillips’ request for County, Oreg., extending in a northeast­ sale of certain facilities and gas in place earlier effective dates or for lim iting to 1 day erly direction and terminating at the in said storage area by United and a the suspension periods with respect to such meter station described below; rate filings and Phillips’ request is denied. certificate of public convenience and ne­ (2) A positive displacement-type cessity authorizing the acquisition of said Sixteen of Phillips’ proposed rate increases measuring and regulating station, with reflect partial reimbursement for th e fu ll 2.55 facilities and gas in place by Penn Gas, percent New Mexico Emergency School Tax necessary appurtenances, located in the all as more fully set forth in the appli­ which was increased from 2 percent to 2.55 SWy4 of sec. 13, T. 14 S., R. 44 E., Baker cation which is on file with the Commis­ percent on April 1, 1963. The buyer, El Paso County, Oreg. sion and open to public inspection. Natural Gas Co. (El P aso), in accordance The estimated cost of the above fa­ United seeks authorization to abandon with its policy of protesting all tax filings cilities is $8,963 to be financed out of its operations in the Keelor Storage proposing reimbursement for the New Mexico working funds. Field by sale of its remaining natural Emergency School Tax in excess of 0.55 per­ Cascade proposes to construct, at an gas storage inventory and certain meter­ cent, is expected to file a protest to these estimated cost of $52,213, the distribution, rate increases. El Paso questions th e right of ing equipment and to cancel its Rate the producer under the tax reimbursem ent facilities necessary to provide natural Schedule X -l to FPC Gas Tariff, Original clause to file a rate Increase reflecting tax gas service to the community of Hunt­ Volume No. 2. reimbursement computed on the basis of an ington, Oreg., and environs. The cost is Penn Gas seeks authorization to pur- increase in tax rate by the New Mexico Legis­ to be financed out of company generated ‘ chase United’s remaining natural gas lature in excess of 0.55 percent. W hile El funds and funds obtained from a bank storage inventory in the Keelor Stor­ Paso concedes that the New Mexico legisla­ loan. age Field, cancel its Rate Schedule X -l tion effected a higher rate of at least 0.55 The estimated third year maximum to its FTC Gas Tariff, Original Volume percent, it claims there is controversy as to daily and annual natural gas require­ No. 2 and operate the entire storage area whether or not the new legislation effected ments are 196 Mcf and 16,452 Mcf, an increased tax rate in excess of 0.55 percent. for its own account. Penn Gas owns the In view of the contractual problem presented, respectively. physical facilities incident to the entire we shall provide that th e hearings herein Protests or petitions to intervene may storage operation. shall concern themselves with th e contractual be filed with the Federal Power Commis­ In addition, Penn Gas proposes to pur­ basis for the rate filings, as well as the statu­ sion, Washington, D.C. 20426, in accord­ chase from United two orifice meter in­ tory lawfulness of Phillips’ proposed Increased ance with the rules of practice and pro­ stallations with related equipment pres­ rates and charges. cedure (18 CFR 1.8 or 1.10) and the ently located in the Keelor Storage Field All of the producers* proposed increased regulations under the Natural Gas Act and utilized to measure gas injected into rates and charges exceed the applicable ceil­ (§ 157,10) on or before April 29,1968. or withdrawn from storage. The sale ing rates established in the related quality Take further notice that, pursuant to statements previously accepted by the Com ­ price of these facilities is $3,111. the authority contained in and subject The sale price of the gas estimated to mission pursuant to Opinion No. 468, as to the jurisdiction conferred upon the amended,® and should be suspended for 5 be in storage on May 1, 1968 (the as­ months as ordered herein. Federal Power Commission by sections 7 sumed date of the transfer), is estimated and 15 of the Natural Gas Act and the to be $532,924. [F.R. Doc. 68-4078; Filed, Apr. 5, 1968; Commission’s rules of practice and pro­ 8 :4 5 a jn .] Protests or petitions to intervene may cedure, a hearing will be held without be filed with the Federal Power Commis­ further notice before the Commission on sion, Washington, D.C. 20426, in accord­ this application if no protest or petition [Docket No. CP68-261] ance with the rules of practice and pro­ to intervene is filed within the time re­ cedure (18 CFR 1.8 or 1.10) and the regu­ EL PASO NATURAL GAS CO. quired herein, if the Commission on its lations under the Natural Gas Act own review of the matter finds that a (§ 157.10) on or before April 29, 1968. Notice of Application grant of the certificate is required by the Take further notice that, pursuant to A pril 1,1968. public convenience and necessity. If a the authority contained in and subject Take notice that on March 27, 1968, protest or petition for leave to intervene to the jurisdiction conferred upon the is timely filed, or if the Commission on Federal Power Commission by sections H Paso Natural Gas Co. (Applicant), 7 and 15 of the Natural Gas Act and the Post Office Box 1492, El Paso, Tex. 79999, its own motion believes that a formal hearing is required, further notice of Commission’s rules of practice and pro­ filed in Docket No. CP68-261 an applica­ cedure, a hearing will be held without such hearing will be duly given. tion pursuant to section 7(c) of the Nat­ further notice before the Commission ural Gas Act for a certificate of public Under the procedure herein provided on this application if no protest or peti­ convenience and necessity authorizing for, unless otherwise advised, it will be tion to intervene is filed within the time required herein, if the Commission on its toe construction and operation of cer­ unnecessary for Applicant to appear or be represented at the hearing. own review of the matter finds that a tain facilities and the sale and delivery grant of the orders and certificate is re­ of natural gas to Cascade Natural Gas G ordon M . G rant, quired by the public convenience and orp. (Cascade) for resale and distribu­ Secretary. necessity. If a protest or petition for tion in the community of Huntington, [FJt. Doc. 68-4127; Filed, Apr. 5, 1968; leave to intervene is timely filed, or if the a*er County and environs, Oregon, all - 8:45 a.m.] Commission on its own motion believes that a formal hearing is required, further ?? m°r® fully set forth in the applica- [Docket No. CP68-257] notice of such hearing will be duly given. ion which is on file with the Commission Under the procedure herein provided and open to public inspection. UNITED NATURAL GAS CO. AND for, unless otherwise advised, it will be PENNSYLVANIA GAS CO. unnecessary for Applicant to appear or be represented at the hearing. for 2 3 * 1138 not filed a quality statemi Notice of Application G ordon M . G rant, Co 1 to Phillips Petrole- 438 S f ^ tor> F1*0 Gas Rate Schedule A pril 1,1968. Secretary. the anni^v?08^ rates for these sales exc Take notice that on March 25, 1968, [FJt. Doc. 68-4128; Filed, Apr. 5, 1968; pplicable area base rate ceilings. United Natural Gas Co^ (United), 308 8 :4 5 a.m .]

FEDERAL REGISTER, VOL. 33, NO. 68— SATURDAY, APRIL 6, 1968 5490 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

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 April.

3 CFR page 17 CFR Page 3 2 CFR Page P roclamation: 200______— 5259 61 ______— ------5360 3838 ______5251 270______,_____ 5294 3839 _ 5447 3 2 A CFR E xecutive O rders: 19 CFR NSA (Ch. XVIII): 5257 (revoked by PLO 4389) __ 5418 Proposed R u l e s : IN S-1______------5296 11278 (amended by EO 11402) _ 5253 1______5458 11402______5253 13______—______5303 3 3 CFR n o _ _ — ______5261 5 CFR 21 CFR 117 ______5261, 5262 206 ______5262 213____ 5291 8______5259 338____ 5291 121______5259,5295, 5296 Proposed Rules: 138______5353 401 ______5367 7 CFR P roposed R u l e s : 208______5449 1_____ 5268 3 8 CFR 220______5291 3______5365 l ______5298 907 ______5347 5______5268 3 ______5416 908 ______5348 80______5268 17 — ______5298 910______5449 125—______5268 36______5361 948______5292 131______5365 1430______5292 191______5269 3 9 CFR P roposed R u l e s : 132 ______5416 52____ :______5462 22 CFR Proposed Rules: Ch. IX ______5465 41______5410 135 ______5460 967______5303 1002______5304 24 CFR 41 CFR 1012______5304 5451 200______5260 1-15 ______5260 3-60______5301 8 CFR 203_____ . _ 5416 221____ 5260, 5261 101-44 ______103______5255 222______5261 212______5408 4 2 CFR 238______5255 57______5262 26 CFR 73 ______5362 l ______5354 9 CFR 31______5354 4 3 CFR 201______5401 301_____ 5354 1820 _ _ — ______— 5417 12 CFR 29 CFR Public Land Orders: 4386 ______5417 1______;______5293 601_____ 5411 4387 ______5417 207______5348 602_____ 5411 4388 ______5418 220 ______5348 603 _ 5411 4389______5418 221 _____ 5349 604 _ 5411 4390______5418 606_____ 5411 4391 _ 5418 13 CFR 609 _ 5412 4392 5419 5412 Proposed R u les : 610 _ 4393 5419 5412 121______5270 611_____ 4394 5419 612______5412 4395 5419 613 _ 5412 4396 5420 14 CFR 614 _ 5412 4397 5420 39______—- ______5255, 5449 615 _ 5412 4398 5420 71______5349-5352, 5401, 5450 616 _ 5413 4399 5420 73______5352, 5353, 5451 619_____ 5413 5413 75______5353 657_____ 661_____ 5413 47 CFR 77______5255 5302 670 _ 5413 . 5362 97______5402 671 _ 5413 73 Proposed R u les : 672 _ 5414 Proposed R u l e s : 39______5458 673 _ 5414 73 ______5315,5422 71______5269, 5365, 5366, 5459 675___ — 5414 ______5269 677 _ 5414 49 CFR 73______5266 75______1 - ______5366 678 _ 5414 1033 683_____ 5415 P roposed R ules : 687_^___ 5415 5269 16 CFR 688_____ 5415 1048 ______13______5257,5258, 5408-5410 690_____ 5415 15______5293, 5294 50 CFR 694_____ 5416 5364 P roposed R u l e s : 699_____ 5415 28— ___ 5364 303______5459 720_____ 5415 33______

Lyndon B. Johnson -1966 CONTENTS • Messages to the Congress Public Papers of the Presidents • Public speeches and letters -• The President’s news conferences of the United States • Radio and television reports to the American people • Remarks to informal groups

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