FEDERAL REGISTER VOLUME 32 NUMBER 38
Saturday, February 25, 1967 * Washington, D.C. Pages 3283-3329
Agencies in this issue— U.S. Constitution Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Food and Drug Administration Interstate Commerce Commission Land Management Bureau Office of Special Representative for Trade Negotiations Post Office Department Securities and Exchange Commission Small Business Administration Treasury Department Wage and Hour Division Detailed list of Contents appears inside. I
Just Released
CODE OF FEDERAL REGULATIONS
(As of January 1, 1967)
Title 4—Accounts (Revised) $0.40 Title 26—Internal Revenue (Parts 30-39) (Revised) $0.75 Title 28—Judicial Administration (Revised) $0.65
[A cumulative checklist of VFR issuances for 1967 appears in the first issue of the Federal Register each month under Title 1]
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Notices LABOR DEPARTMENT U S. CONSTITUTION Hearings, etc.: See Wage and Hour Division. Certification of Twenty-fifth Radio Station KQXI______3305 Amendment ------3287 Salter Broadcasting Co. LAND MANAGEMENT BUREAU (W B E L ) et al. (2 docu ments) ______3305 Rules and Regulations EXECUTIVE AGENCIES Lease bonds; m i s c e l l a n e o u s AGRICULTURE DEPARTMENT FEDERAL MARITIME amendments______.*______3297 Nevada; public land order cancel See Consumer and Marketing COMMISSION ing powersite and affecting Service. Notices powersite classification______3297 CIVIL AERONAUTICS BOARD Agreements filed for approval: Notices Central Gulf Steamship Corp. Grazing leases; rentals—______3304 Notices and General Maritime Corp_3310 Montana; classification of public IATA traffic conference; agree Trans-Atlantic P assenger lands______3304 ment regarding specific com Steamship Conference— _3310 modity rate ------3310 FEDERAL POWER COMMISSION OFFICE OF SPECIAL REPRE SENTATIVE FOR TRADE CIVIL SERVICE COMMISSION Rules and Regulations NEGOTIATIONS Rules and Regulations Total gas supply of natural gas Employee appeals; miscellaneous companies; annual reports___ 3292 Notices amendments______-___ 3289 Notices Renegotiation of Venezuelan tariff Excepted service: Hearings, etc.: concessions in U.S. -Venezuelan Defense Department--_------3289 Amerada Petroleum Corp. et trade agreement; hearing____ 3323 State Department—______3289 al — ______— 3311 Arkansas Louisiana Gas Co____ 3317 POST OFFICE DEPARTMENT CONSUMER AND MARKETING Coastal States Gas Producing Rules and Regulations SERVICE Co. -et al______3317 Debarment and suspension; cor Finance & Service Co. et al_,___ 3312 rection ______3296 Rules and Regulations Forest Service (2 documents) __ 3319 Postal savings system; discontinu Fruit grown in Arizona and Cali Home Gas Co__ ^______3317 ance ______i______3294 fornia; handling limitations: Lamar Hunt Trust Estate..___ 3316 Lemons______3290 Land Management B u r e a u , SECURITIES AND EXCHANGE Oranges: Spokane, Wash______3318 Navel- —______3289 Sinclair Oil & Gas Co. et al___ 3318 COMMISSION Valencia______3290 Town of Keosauqua, Iowa, and Notices Michigan Wisconsin Pipeline Proposed Rule Making Co______—— — ___ 3318 Hearings, etc.: Milk in certain marketing areas : Avon Products, Inc., et al_____ 3319 Rio Grande Valley; decision___ 3298 FOOD AND DRUG General Cable Corp. et al_____ 3320 Southern Illinois et al.; hearing- 3298 Georgia Pacific Corp. et al____ 3320 ADMINISTRATION Millstone Point Co. and North Notices east Utilities______3320 CUSTOMS BUREAU Western Massachusetts Elec Rules and Regulations Petitions for food additives : E. I. du Pont de Nemours & Co., tric Co------3321 Air commerce; designation of Inc____ _ !______3310 Houlton Municipal A ir p o r t, S. E. Massengill Co.; with SMALL BUSINESS Houlton, Maine, as international drawal------«___ 3311 airport of entry______3294 ADMINISTRATION Organization; ports of entry, State HEALTH, EDUCATION, AND Notices of Washington______3294 Disaster area declarations: WELFARE DEPARTMENT California ______3322 FEDERAL AVIATION AGENCY See Food and Drug Administra Pennsylvania ______3322 tion. Rules and Regulations TREASURY DEPARTMENT Airworthiness directives: INTERIOR DEPARTMENT See also Customs Bureau. Dassault/Sud fan jet Falcon See Land Management Bureau. airplanes— ______3291 Notices General Dynamics Model 240, INTERSTATE COMMERCE Under Secretary of the Treasury; 340, and 440 airplanes, cer assignment of functions______3304 tain______3291 COMMISSION Notices WAGE AND HOUR DIVISION federal communications Fourth section applications for COMMISSION relief______.______3322 ^ules ancl Regulations Motor carrier:-' Authorization of established basic Proposed Rule Making Temporary authority applica rates for computing overtime Signaling devices; expanded use tions.___ _1______v 3322 Pay; interpretations; miscel- on regular basis______3301 Transfer proceedings—______3323 laneous amendments______3293 3285 3286 CONTENTS List of CFR Parts Affected (Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 5 CFR 14 CFR 43 CFI^ 213 (2 documents) 3289 39 (2 documents) 3291 3130______3297 752______3289 3140------3297 771______3289 18 CFR 3150------3297 260-______7 CFR 3292 3160______3297 P ublic Land Orders: 907 ______3289 1 ^ CFR 908 ______3290 1______3294 4162------3297 910______3290 6______3294 P roposed R ules : 47 CFR 1032______3298 29 CFR 1050______3298 548—— . 3293 PROPOSED R ules: 1062-______3298 2------3301 1067______3298 39 CFR 89------____ 3301 1138______3298 173_____ 3294 91— ------r 3301 956_____ 3296 U.S. Constitution Am endm ent 25 ADMINISTRATOR OF GENERAL SERVICES CERTIFICATION OF AMENDMENT TO CONSTITUTION OF THE UNITED STATES RELATING TO SUCCESSION TO THE PRESIDENCY AND VICE PRESIDENCY AND TO CASES WHERE THE PRESIDENT IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE To A ll to Whom These Presents Shall Coiné, Greeting : K now y e , That the Congress of the United States, at the first session, eighty-ninth Congress begun at the City of Washington on Monday, the fourth day of January, in the year one thousand nine hundred and sixty-five, passed a Joint Resolution in the words and figures as fol lows : to wit— J oint R esolution Proposing an amendment to the Constitution of the United States relating to succession to the Presidency and Vice Presidency and to cases where the President is unable to discharge the powers and duties of his office. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution ^ the United States, which shall be valid to all intents and, purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: “Article— “S ection 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. “S ec. 2. Whenever there is a vacancy in the office of the Vice Presi dent, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. “S ec. 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declara tion to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. “S ec. 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmitió the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3288 U.S. CONSTITUTION “Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty- one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.” And, further, that it appears from official documents on file in the General Services Administration that the Amendment to the Consti tution of the United States proposed as aforesaid-has been ratified by the Legislatures of the States of Alaska, Arizona, Arkansas, California, Colorado, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsyl vania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washing ton, West Virginia, Wisconsin, and Wyoming. And, further, that the States whose Legislatures have so ratified the said proposed Amendment constitute the requisite three-fourths of the whole number of St ates in the United States. Now, therefore, be it known that I, Lawson B. Knott, Jr., Adminis trator of General Services, by virtue and in pursuance of Section 106b, Title 1 of the United States Code, do hereby certify that the Amend ment aforesaid has become valid, to all intents and purposes, as a part of the Constit ution of the United States. I n t e st im o n y w h e r e o f, I have hereunto set my hand and caused the seal of the General Services Administration to be affixed. D one at the City o f Washington this 23rd day of February in the year of our Lord one thousand nine hundred and sixty-seven. [ seal] . L awson B. K nott, Jr.
The foregoing was signed in my presence on this 23rd day of February, 1967. L yndon B. J ohnson [F.R. Doc. 67-2208; Filed, Feb. 23,1967; 4:18 p.m.]
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3289 Rules and Regulations
PART 752— ADVERSE ACTIONS (b) An employee who appeals first to Title 5— ADMINISTRATIVE BY AGENCIES the Commission within the prescribed time limit forfeits his right of appeal PERSONNEL PART 771— EMPLOYEE GRIEVANCES to the agency! AND ADMINISTRATIVE APPEALS (c) When the employee appeals first Chapter I— Civil Service Commission to the agency within the prescribed time Time Limit on Appeal Rights to Com limit, he is entitled to appeal to the Com PART 213— EXCEPTED SERVICE mission and Order of Processing mission only after, but not more than Department of State Appeals 10 days later than: (1) Receipt of the final agency ap Section 213.3304 is amended to show Sections 752.203 and 771.219 are pellate decision, if the agency has only that the position of a second Deputy amended to clarify that (1) an employee one appellate level; or who appeals to his agency’s second ap (2) Receipt of the first-level agency Legal Adviser is excepted under Sched pellate level forfeits his right to appeal ule C. Effective on publication in the appellate decision, if the agency has to the Commission, and (2) an employee more than one appellate level. Federal R egister, subparagraph (1) of who appeals a first-level agency appel paragraph (1) of § 212.3304 is amended late decision to the Commission forfeits If no agency appellate decision has been made within 60 days from the date of as set out below. his right to appeal to his agency’s sec ond appellate level. Sections 752.203 filing the appeal to the agency, the em § 213.3304 Department of State. and 771.219 are amended as set out below. ployee may elect to terminate that ap ***** 1. Section 752.203(b) (3) is amendedpeal by appealing to the Commission. as follows: (d) An employee who appeals to the (1) Office of the Legal Adviser. (1) second agency appellate level forfeits his Two Deputy Legal Advisers. § 752.203 Appeal rights to the Commis right of appeal to the Commission. sion. ***** (e) An employee who appeals a first- ***** level agency appellate decision to the (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, (b) Time limit. * * * Commission forfeits his right to appeal 3 CFR, 1954-58 Comp., p. 218) (3) (i) An appeal to the agency and anto the second agency appellate level. U nited S tates Civil S erv appeal to the Commission from the same (5 U.S.C. 1302, 3301, 3302, 5338, 7701, E.O. ice Commission, original decision may not be processed 10577, 19 F.R. 7521, 3 CFR 1954-58 Comp., [seal] J ames C. S pry, concurrently. p. 218, E.O. 10988, 27 F.R. 551, 3 CFR 1959-63 Executive Assistant to (ii) An employee who appeals first to Comp„ p. 521) the Commissioners. the Commission within the prescribed U nited S tates Civil S erv time limit forfeits his right of appeal to ice Commission, [F.E. Doc. 67-2132; Filed, Feb. 24, 1967; the agency. 8:47 ajn.] [seal] J ames C. S pry, (iii) When the employee appeals first Executive Assistant to to the agency within the prescribed time the Commissioners. PART 213— EXCEPTED SERVICE limit, he is entitled to appeal to the Com [F.R. Doc. 67-2133; Filed, Feb. 24, 1967; mission only after, but not more than 8:47 a.m.J Department of Defense 10 days later than: (a) Receipt of the final agency appel Section 213.3306 is amended to show late decision if the agency has only one that one additional position of Private appellate level; or Title 7— AGRICULTURE Secretary engaged in the interdepart (b) Receipt of the first-level agency appellate decision, if the agency has Chapter IX— Consumer and Market mental activities of the Office of the Sec ing Service (Marketing Agreements retary of Defense is excepted under more than one appellate level. If no agency appellate decision has been and Orders; Fruits, Vegetables, Schedule C. Effective on publication in Nuts), Department of Agriculture the Federal R egister, subparagraph (2) made within 60 days from the date of filing the appeal to the agency, the em [Navel Orange Reg. 127] of paragraph (c) of § 213.3306 is amend ployee may elect to terminate that appeal ed as set out below. by appealing to the Commission. PART 907— N A V E L ORANGES § 213.3306 Department of Defense. (iv) An employee who appeals to the GROWN IN ARIZONA AND DES ***** second agency appellate level forfeits his IGNATED PART OF CALIFORNIA right of appeal to the Commission. An (c) Interdepartmental Proemployee who appeals a first-level Limitotion of Handling grams. * * * agency appellate decision to the Com (2) Six Private Secretaries engaged inmission forfeits his right to appeal to § 907.427 Navel Orange Regulation 127. the interdepartmental activities of the the second agency appellate level. (a) Findings. (1) Pursuant to the Office of the Secretary of Defense. (5 U.S.C. 1302, 3301, 3302, 5338, 7701, E.O. marketing agreement, as amended, and ***** 10577, 19 F.R. 7521, 3 CFR 1954r-58 Comp., Order No. 907, as amended (7 CFR Part p. 218, E.O. 10988, 27 FR. 551, 3 CFR 1959-63 907), regulating the handling of Navel (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, Comp., p. 521) 3 CFR, 1954—58 Comp., p. 218) oranges grown in Arizona and designated 2; Section 771.219 is amended as part of California, effective under the ap United S tates Civil S erv follows: plicable provisions of the Agricultural ice Commission, Marketing Agreement Act of 1937, as [seal] J ames C. S pry, § 771.219 Order of processing appeals. amended (7 U.S.C. 601-674), and upon Executive Assistant to (a) An appeal to the agency and anthe basis of the recommendations and the Commissioners. appeal to the Commission from the same information submitted by the Navel [F.R. Doc. 67-2131; Filed, Feb. 24, 1967; original decision may not be processed Orange Administrative Committee, es 8:47 am.] concurrently. tablished under the said amended mar-
FEDERAL REGISTER, VO L 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3290 RULES AND REGULATIONS keting agreement and order, and upon [Valencia Orange Reg. 188] 26, 1967, and ending at 12:01 a.m., P.s.t., other available information, it is hereby March 5, 1967, are hereby fixed as found that the limitation of handling of PART 908— V A L E N C IA ORANGES follows : such Navel oranges, as hereinafter pro GROWN IN ARIZONA AND DESIG (1) District 1: Unlimited movement; vided, will tend to effectuate the declared NATED PART OF CALIFORNIA (ii) District 2: Unlimited movement; policy of the act. (iii) District 3: 66,155 cartons. (2) It is hereby further found that it Limitation of Handling (2) As used in this section, “handled,” is impracticable and contrary to the § 908.488 Valencia Orange Regulation “handler,” “District 1,” “District 2,” public interest to give preliminary notice, 188. “District 3,” and “carton” have the same engage in public rule-making procedure, meaning as when used in said amended and postpone the effective date of this (a) Findings. (1) Pursuant to the marketing agreement and order. section until 30 days after publication marketing agreement, as amended, and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. hereof in the F ederal R egister (5 U.S.C. Order No. 908, as amended (7 CFR Part 601-674) 553 (1966)) because the time interven 908), regulating the handling of Valencia ing between the date when information oranges grown in Arizona and designated Dated: February 24, 1967. upon which this section is based became part of California, effective under the P aul A. Nicholson, available and the time when this section applicable provisions of the Agricultural Deputy Director, Fruit and Veg must become effective in order to effec Marketing Agreement Act of 1937, as etable Division, Consumer and tuate the declared policy of the act is amended (7 U.S.C. 601-674), and upon Marketing Service. insufficient, and a reasonable time is the basis of the recommendations and information submitted by the Valencia [F.R. Doc. 67-2240; Filed, Feb. 24, 1967; permitted, under the circumstances, for 11:18 a.m.] preparation for such effective time; and Orange Administrative Committee, es good cause exists for making the provi tablished undfer the said amended mar sions hereof effective as hereinafter set keting agreement and order, and upon [Lemon Reg. 256] forth. The committee held an open other available information, it is hereby meeting during the current week, after found that the limitation of handling of PART 910— LEMONS GROWN IN giving due notice thereof, to consider such Valencia oranges, as hereinafter CALIFORNIA AND ARIZONA supply and market conditions for Navel provided, will tend to effectuate the de Limitation of Handling oranges and the need for regulation; in clared policy of the act. terested persons were afforded an op (2) It is hereby further found that it § 910.556 Lemon Regulation 256. portunity to submit information and is impracticable and contrary to the (a) Findings. (1) Pursuant to the views at this meeting; the recommenda public interest to give preliminary notice, marketing agreement, as amended, and tion and supporting information for engage in public rule-making procedure, Order No. 910, as amended (7 CFR Part regulation during the period specified and postpone the effective date of this 910), regulating the handling of lemons herein were promptly submitted to the section until 30 days after publication grown in California and Arizona, effec Department after such meeting was hereof in the F ederal R egister (5 U.S.C. tive under the applicable provisions of held; the provisions of this section, in 553 (1966)) because the time intervening the Agricultural Marketing Agreement cluding its effective time, are identical between the date when information upon Act of 1937, as amended (7 U.S.C. 601- with the aforesaid recommendation of which this section is based became avail 674), and upon the basis of the recom the committee, and information con able and the time when this section must mendations and information submitted cerning such provisions and effective become effective in order to effectuate by the Lemon Administrative Commit time has been disseminated among han the declared policy of the act is insuffi tee, established under the said amended dlers of such Navel oranges; it is neces cient, and a reasonable time is permitted, marketing agreement and order, and sary, in order to effectuate the declared under the circumstances, for prepara upon other available information, it is policy of the act, to make this section tion for such effective time; and good hereby found that the limitation of han effective during the period herein speci cause exists for making the provisions dling of such lemons, as hereinafter pro fied; and compliance with this section hereof effective as hereinafter set forth. vided, will tend to effectuate the declared will not require any special preparation The Committee held an open meeting policy ofthe act. on the part of persons subject hereto during the current week, after giving due (2) It is hereby further found that it which cannot be completed on or before notice thereof, to consider supply and" is impracticable and contrary to the pub the effective date hereof. Such com market conditions for Valencia oranges lic interest to give preliminary notice, mittee meeting was held on February 23, and the need for regulation; interested engage in public rule-making procedure, 1967. persons were afforded an opportunity to and postpone the effective date of this (b) Order. (1) The respective quantisubmit information and views at this section until 30 days after publication ties of Navel oranges grown in Arizona meeting; the recommendation and sup hereof in the F ederal R egister (5 U.S.C. and designated part of California which porting information for regulation dur 553 (1966)) because the timfr interven may be handled during the period begin ing the period specified herein were ing between the date when information ning at 12:01 a.m., P.s.t., February 26, promptly submitted to the Department upon which this section is based became 1967, and ending at 12:01 a.m., P.s.t., after such meeting was held; the pro available and the time when this section March 5, 1967, are hereby fixed as visions of this section, including its must become effective in order to effectu follows: effective time, are identical with the ate the declared policy of the act is in (1) District 1: 1,000,000 cartons; aforesaid recommendation of the com sufficient, and a reasonable time is per (ii) District 2: 500,000 cartons; mittee, and information concerning such mitted, under the circumstances, for (iii) District 3: Unlimited movement; provisions and effective time has been preparation for such effective time; and (iv) District 4: Unlimited movement. disseminated among handlers of such good cause exists for making the provi (2) As used in this section, “handled,” Valencia oranges; it is necessary, in order sions hereof effective as hereinafter set “District 1,” “District 2,” “District 3,” to effectuate the declared policy of the forth. The committee held an open “District 4,” and “carton” have the same act, to make this section effective dur meeting during the current week, after meaning as when used in said amended ing the period herein specified; and com giving due notice thereof, to consider sup marketing agreement and order. pliance with this section will not require ply and market conditions for lemons and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. any special preparation on the part of the need for regulation; interested per 601-674) persons subject hereto which cannot be sons were afforded an opportunity to sub Dated: February 24, 1967. completed on or before the effective date mit information and views at this meet hereof. Such committee meeting was ing; the recommendation and support Paul A. N icholson, held on February 23, 1967. ing information for regulation during the Deputy Director, Fruit and Veg (b) Order. (1) The respective quanti period specified herein were promptly etable Division, Consumer and ties of Valencia oranges grown in Ari submitted to the Department after such Marketing Service. zona and designated part of California meeting was held; the provisions of this [F.R. Doc. 67-2239; Filed, Feb. 24, 1967; which may be handled during the period section, including its effective time, are 11:18 a.m.] beginning at 12:01 a.m., P.s.t., February identical with the aforesaid recom- FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 RULES AND REGULATIONS 3291 mendation of the committee, and infor modified jack assemblies within 200 occurred on a General Dynamics Model mation concerning such provisions and hours’ time in service from the initial 240 airplane equipped with Rolls Royce effective time has been disseminated inspection required by this AD. At that Mk 542-4 engines and Dowty Rotol (c) among handlers of such lemons; it is time, the inspections required by this AD R245/4-40-4.5/13 propellers in accord necessary, in order to effectuate the de may be discontinued. ance with General Dynamics Supple clared policy of the act, to make this Since a situation exists that requires mental Type Certificate SA1054WE section effective during the period here immediate adoption of this regulation, (hereinafter referred to as the CV-600). in specified; and compliance with this it is found that notice and. public proce This failure resulted in the propellers section will not require any special prep dure hereon are impracticable, and good moving to the ground fine pitch stop aration on the part of persons subject cause exists for making this amendment (zero pitch) during the landing roll and hereto which cannot be completed on or effective in less than 30 days. prior to actuating the manual throttle before the effective date hereof. Such In consideration of the foregoing, and lock handles <“T” handles) controlling committee meeting was held on Feb under the authority delegated to me by the withdrawal of the flight fine pitch ruary 21,1967. the Administrator (25 F.R. 6489), § 39.13 stops. While this incident has occurred (b) Order. (1) The respective quanof Part 39 of the Federal Aviation Regu on a CV-600 airplane, the propeller-gust tities of lemons grown in California and lations is amended by adding the follow lock interlock system (P/N2D120907-1) Arizona which may be handled during ing new airworthiness directive: is identical to the propeller-gust lock the period beginning at 12:01 a.m., P.s.t., Dassault/S ud. Applies to Fan Jet Falcon interlock system installed on General February 26, 1967, and ending at 12:01 airplanes, Serial Nos. 1 through 69, ex Dynamics Model 340 and Model 440 air a.m., P.s.t., March 5, 1967, are hereby cept Nos. 59, 62, 63, and 67. planes equipped with Rolls Royce Mk fixed as follows: Compliance required as indicated, unless 542-4 engines and Dowty Rotol (c) Ü) District 1: 18,600 cartons; already accomplished. To prevent inflight R245/4-40-4.5/13 or Dowty Rotol (c) (ii) District 2: 204,600 cartons; jamming of the horizontal stablizer actua R259/4-40-4.5/17 propellers ’ in accord tor, accomplish the following: ance with General Dynamics Supple (iii) District 3: Unlimited movement. (a) Within the next 10 hours’ time in (2) As used in this section, “handled,” service after the effective date of this AD, mental Type Certificate SA1096WE “District 1,” “District 2,” “District 3,” and thereafter at intervals not to exceed (hereinafter referred to as the CV-640). and “carton” have the same meaning as 50 hours’ time in service from the date of ' Failure of the propeller-gust lock in when used in the said amended market the last inspection, inspect the horizontal terlock system together with the posi ing agreement and order. stabilizer actuator Jack assembly, P/N’s tioning of both throttles below 13,000 21-59-0 or 21-59-1-A, for the presence of r.pm. will withdraw both propeller flight (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. moisture in accordance with AMD Service 601-674) Bulletin No. 270 (27-34), dated January 13, fine pitch stops, and the propeller blades of both propellers can then move to the Dated: February 23, 1967. 1967, or later SGAC-approved revision. (b) If, during the inspections required ground fine pitch stops. This condition F loyd F. H edlund, by paragraph (a), the jack body and elec occurring during the approach or land Director, Fruit and Vegetable tric motors show no trace of moisture, before ing phase of a flight may cause an im Division, Consumer and Mar further flight, drill a drain port in the covers mediate loss of air speed and altitude keting Service. of the actuator motors, P/N SEB993A, in ac and possible loss of control of the air cordance with AMD Service Bulletin No. 88, [F.R. Doc. 67-2209; Filed, Feb. 24, 1967; Revision 2, dated January 10, 1967, or a later plane. Since this condition is likely to 8:49 a.m.) SGAC-approved revision. If the jack body exist or develop in other airplanes of the is dry but the motors show traces of mois same types, an airworthiness directive ture, before further flight, dry the motors is being issued to require de-activation and comply with the requirements of the of the propeller-gust lock interlock sys first sentence of this paragraph. If the Jack tem on CV-600 and CV-640 airplanes. Title 14— AERONAUTICS AND body shows traces of moisture, before fur ther flight, dry the jack and replace both Since a situation exists that requires SPACE ¡ g j g g g the normal and emergency motors, P/N immediate adoption of this regulation, SEB993A, with motors P/N SEB993B. it is found that notice and public pro Chapter I— Federal Aviation Agency (c) Within the next 200 hours’ time in cedure hereon are impracticable, and service after the inspection required by para good cause exists for making this amend [Docket No. 7978; Arndt. 39-354] graph (a), replace the actuator jack assem ment effective in less than 30 days. bly, P/N’s 21-59-0 or 21-59-1-A with a modi PART 39— AIRWORTHINESS fied jack, P/N’s 21—59-0—E or 21-59-1-B. In consideration of the foregoing, and DIRECTIVES Upon accomplishing this replacement, the pursuant to the authority delegated to inspection requirements of paragraph (a) me by the Administrator (31 F.R. 13697), Dassault/Sud Fan Jet Falcon Air may be discontinued. § 39.13 of Part 39 of the Federal Aviation planes, Serial Nos. 1 Through 69, Regulations is amended by adding the Except Nos. 59, 62, 63, 67 This amendment is effective March 2, 1967. following new airworthiness directive: There have been several reports of in (Secs. 313(a), 601, 603, Federal Aviation Act General Dynamics. Applies to General flight jamming of the horizontal stabi of 1958; 49 U.S.C. 1354(a), 1421, 1423) Dynamics Model 240 airplanes equipped lizer jack assemblies P/N’s 21-59-0 and Issued in Washington, D.C., on Feb with Rolls Royce Mk 542—4 engines and 21-59-1-A on Dassault/Sud Fan Jet Fal Dowty Rotol (c)R245/.4-40-4.5/13 pro con airplanes. The jamming has been ruary 17, 1967. pellers in accordance with General Dy attributed to freezing water accumulat Edward C. Hodson, namics Supplemental Type Certificate ing in the covers of electric motors in the Acting Director, SA1054WE (hereinafter referred to as the i Flight Standards Service. CV-600), and General Dynamics Model assemblies. Since this condition is-likely 340 and 440 airplanes equipped with to exist or develop in other airplanes of [F.R. Doc. 67-2109; Filed, Feb. 24, 1967; Rolls Royce Mk 542-4 engines and Dowty_ the same type design, an airworthiness 8:45 a.m.) Rotol (c)R245/4—40-4.5/13 or Dowty directive is being issued to require in Rotol (c)R259/4-40-4.5/17 propellers in spections of the horizontal stabilizer jack [Airworthiness Docket No. 67-WE-3-AD; accordance with General Dynamics Sup assemblies, P/N’s 21-59-0 and 21-59-1-A, Arndt. 39-353] plemental Type Certificate SA1096WE (hereinafter referred to as the CV-640). for the accumulation of moisture. A PART 39— AIRWORTHINESS hole for drainage is to be provided and Compliance required within 50 hours’ time the motors are to be replaced with modi DIRECTIVES in service after the effective date of this airworthiness directive unless already ac fied motors if the jack body is found General Dynamics; Models 240, 340, complished. jnoist. Inspections at intervals of 50 440 Airplanes (Equipped With Rolls To prevent unwanted withdrawal of the hours’ time in service are provided for propeller flight fine pitch stops, de-activate the jack assemblies, including the motors Royce MK 542—4 Engines and Dowty Rotol Propellers) the propeller-gust lock interlock system and jack bodies, to insure against inad (P/N 2D3120907—1) on CV-600 and CV-640 vertent collection of moisture. In addi A failure of the propeller-gust lock airplanes in accordance with the following: tion, the AD requires the installation of interlock system (P/N 2D3120907-1) has (A) CV-600:
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 No. 38----- 2 3292 RULES AND REGULATIONS (1) Disconnect the gust lock switches from prescribing the new abbreviated Form Similar information can be derived from the propeller control circuit in accordance No. 15-A and making a minor revision the data now furnished on Form No. 15 with the instructions outlined in General in Form No. 15. In all other respects and is here necessary in order that such Dynamics Alert Service Bulletin 600(240D) S.B. No. A61-5 or an equivalent approved by this proceeding will be continued for data Will be furnished, as well, by the the Chief, Aircraft Engineering Division, FAA further consideration of the other re companies which do not file Form No. 15. Western Region. visions to Form No. 15 proposed in the The Commission finds that in view of (2) Concurrently with the modification notice and such additional notice as may the foregoing and upon consideration of described in paragraph (A)(1), incorporate be appropriate. , all relevant matters presented, including an FAA approved revision to the Normal These conclusions result from our con the arguments, contentions, suggestions Procedures Section of the FAA approved sideration of the 18 responses1 of the and other views presented in the com Model 600(240D) Airplane Flight Manual ments received and during the course of (General Dynamics Report CS-65-021) which invitation in the notice and the results deletes all reference to the gust lock handle of a conference held on January 6, 1967, the conference held on January 6,1967, it control of the propeller flight fine pitch stops. pursuant to paragraph 9 of the notice is necessary and appropriate in the ad (B) CV-640: herein. ministration of the Natural Gas Act that (1) Disconnect the gust lock switches from As was pointed out in paragraph 2 of the use of Form No. 15, as modified here the propeller control circuit in accordance that notice, Form No. 15 was originally in, be continued for the reporting year with the instructions outlined in General promulgated by Order No. 279, issued 1966; that Form No. 15-A be prescribed Dynamics Alert Service Bulletin 640(340D) March 31, 1964 (31 FPC 750, 29 F.R. for the reporting year 1966 and there S.B. No. A61—4 or an equivalent approved by after; and that in all other respects the the Chief, Aircraft Engineering Division, FAA 4873), which also anticipated a “Second Western Region. Phase” of the report, the possible ex proceeding herein be continued. (2) Concurrently with the modification emption of, or an abbreviated report The Commission, acting under the au described in paragraph (B) (1), incorporate form for, companies having compara thority of the Natural Gas Act, as an FAA approved revision to the Normal tively small volumes of reserves and the amended, particularly sections 7, 10(a), Procedures Section of the FAA approved eventual use of ADP media to the extent 14(a), and 16 thereof (52 Stat. 825, 826, Model 640(340D) Airplane Flight Manual feasible. It has become apparent, how 828, 830; 56 Stat. 83; 15 U.S.C. 717f, 717i (General Dynamics Report CS-65-024) which ever, both from the comments filed here (a), 717m(a), 717o), orders: deletes all reference to the gust lock handle in and the conference held on January 6, (A) Effective upon the issuance of this control of the propeller flight fine pitch stops. 1967, that additional time is necessary order, Part 260, Chapter I, Title 18 of the This amendment becomes effective for further conferences with industry Code of Federal Regulations, is amended immediately upon publication in the representatives and our staff’s considera as follows: F ederal R egister. tion of the revisions or additions to the 1. In § 260.7 paragraphs (a) and (b) (Secs. 313(a), 601, 603, Federal Aviation Act form which will be necessary and their are revised to read as follows: of 1958; 49 U.S.C. 1354(a), 1421, 1423) relationship to the Second Phase and the § 260.7 Form No. 15, Annual report of use of ADP media even for the First gas supply and deliverability for cer Issued in Los Angeles, Calif., on Febru Phase. We recognize that the change tain natural gas companies.1 • ary 17,1967. over poses problems for all concerned J oseph H. T ippets, (a) A revised form of Annual Report and are persuaded that further confer of Total Gas Supply designated FPC Regional Director, ences are not only desirable but nec FAA Western Region. Form No. 15, is prescribed for the re essary. porting year 1966 and thereafter to be [F.R. Doc. 67-2110; Filed, Feb. 24, 1967; A minor clarifying change in Schedule 8:45 a.m.) used by natural gas companies as pro No. 1 of Form No. 15 was proposed in the vided by and in accordance with para notice herein and we are adopting it in graph (b) of this section. substance by adding a footnote to the (b) Each natural gas company, as de schedule. In view of the action we are fined by the Natural Gas Act, as amended Title 1 8 — CONSERVATION OF taking herein, the present text of para (52 Stat. 821), except (1) a company graph (a) of § 260.7, though accurate, is whose gas reserves, owned or controlled POWER AND WATER RESOURCES now outdated so it is being revised to by producer contracts, at the end of any read as set out below. Form No. 15, as Chapter I— Federal Power report-year are less than 50 billion cubic here revised, continues as the first-phase feet of gas, or (2) a company purchasing Commission report referred to in the original text of its entire supply of natural gas from [Docket No. R-308; Order 337] paragraph (a). . other companies subject to the provisions No objections were directed to the new of this section and/or foreign suppliers, PART 260— STATEMENTS AND Form No. 15-A, but we are making one or (3) a company which acts only as a REPORTS (SCHEDULES) addition to the content of the form pro transporter of gas for others, shall pre posed in the notice. A new line 22 is pare and file with the Commission for Total Gas Supply of Natural Gas being added to Schedule 3 to require the the calendar year ending December 31, Pipeline Companies 1966, on or before May 1, 1967, and for respondent to give the number of future subsequent years on or before each May F ebruary 16,1967. years that its annual requirements can 1, thereafter, an original and four con By notice of proposed rule making is be met from the total system gas supply formed copies of FPC Form No. 15. sued herein on September 22, 1966 (31 figure shown elsewhere on the form. Companies described in subparagraphs F.R. 12729, Sept. 29, 1966) the Commis (1) and (2) of this paragraph shall file sion proposed (1) to revise Form 15, 1 Consolidated Gas Supply Corp.; El Paso FPC Form No. 15-A,2 prescribed by Annual Report of Gas Supply; (2) to Natural Gas Co.; Florida Gas Transmission § 260.7a. A transporter of gas similarly allow companies with comparatively Co.; Independent Natural Gas Association exempt from this paragraph by subpara small volumes of reserves to file only an of America (INGAA); Natural Gas Pipeline graph (3) of this paragraph, shall file, in abbreviated report to be called Forpi 15- Co. of America; Northern Natural Gas Co.; lieu of the report, a statement giving the A; and (3) to require the submission of Panhandle Eastern Pipe Line Co.; Phila name(s) and address(es) of the com Form 15 information in printed form delphia Electric Co.; Public Service Electric pany or companies for which it is trans and in appropriate automatic data proc and Gas Co.; Southern California Gas Co., porting the gas. One copy of the report essing media. The comments filed and Southern Counties Gas Co. of California, Pacific Lighting Service and Supply Co.; should be retained in its files. The con- a conference of our staff with interested Southern Natural Gas Co.; Tennessee Gas parties reveal problems in the proposed Pipeline Co.; Texas Eastern Transmission 1 As used herein, “natural gas company^ overall revision of Form No. 15 and im Corp.; Texas Gas Transmission Corp.; Trans does not include “independent producers, mediate use of ADP media which will re continental Gas Pipe Line Corp.; United Gas as defined in § 154.91(a) of this chapter. quire additional time to resolve. Ac Pipe Line Co.; Valley Gas Transmission, Inc.; »Form 15-A filed as part of originai cordingly, this order is confined to Western Gas Service Co. document.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 RULES A N D REGULATIONS 3293 formed copies may be carbon or repro pverlaps two semimonthly periods part duced by any means that provide clearly Title 29— LABOR of the overtime may be performed in one semimonthly period and part in another and accurately aligned impressions. Chapter V— Wage and Hour Division, semimonthly period with a different * * * * * Department of Labor basic rate. If it is desired to avoid com 2. A new § 260.7a is added, as follows: PART 548— AUTHORIZATION OF ES puting overtime compensation in the § 260.7a Form No. 15—A, Annual report same workweek at two different rates, TABLISHED BASIC RATES FOR the employment arrangement may pro of gas supply for certain natural gas COMPUTING OVERTIME PAY companies exempt from the require vide that overtime compensation for ments of paragraph (b) of § 260.7.1 Subpart B— Interpretations each workweek should be computed at the established basic rate applicable in (a) An Annual Report of Total Gas Miscellaneous Amendments the half-monthly or monthly period dur Supply, designated PPC Form No. 15-A,2 ing which the workweek ends. is prescribed for natural gas companies Pursuant to the Fair Labor Standards otherwise subject to the provisions of Act of 1938 (52 Stat. 1060, as amended, 2. In § 548.303, the example in para § 260.7 but excepted from the require 29 U.S.C. 201, et seq.), Reorganization graph (b) is revised to read as follows: Plan No. 6 of 1950 (3 CFR 1949-53 Comp., ments of paragraph (b) by virtue of § 548.303 Average earnings for each subparagraphs (2) and (3) thereof. p. 1004), and General Order No. 45-A of the Secretary of Labor (15 F.R. 3290), I type of work. (b) Each natural gas company, sub * * * * * ject to the provisions of § 260.7, whose hereby amend 29 CFR Part 548 as set natural gas reserves at the end of any forth below. (b) * * * . report-year are less than 50 billion cubic The provisions of section 4 of the Ad Example. An employee who is paid on a feet of gas, or which purchases its entire ministrative Procedure Act (5 U.S.C. weekly basis with overtime after 40 hours 553) which require notice of -proposed works six 8-hour days in a workweek under supply of natural gas from other com rule making, opportunity for public par an agreement or understanding reached pur panies subject to the provisions of § 260.7 ticipation, and delay in effective date are suant to this subsection. He performs three and/or foreign suppliers, shall file an not applicable because these are inter different types of piecework, each at a differ original and four conformed copies of ent rate of pay. The basic rates to be used PPC Form No. 15-A at the times pre pretive rules. I do not believe such pro for computing overtime in this situation scribed in § 260.7(b). cedures will serve a useful purpose here. would be arrived at by dividing the earnings Accordingly, these amendments shall be for each type of work by the number of hours (Secs. 7, 10, 14, 16, 52 Stat. 825, 826, 828, 830; come effective immediately. during which that type of work was per 56 Stat. 83; 15 U.S.C. 717f, 717i, 717m, 717o) 1. In § 548.301, the example in paraformed. There would thus be three differ (B) FPC Form No. 15, heretofore pregraph (b), and paragraph (c), are re ent basic rates, one for each type of work. vised to read as follows: Since the overtime hours used in this illus scribed by the said § 260.7 is amended, tration occur on the sixth day, the types of effective for the reporting year 1966 and § 548.301 Salaried employees. work performed on the sixth day would de thereafter, by adding the following foot 4: 4c * * * termine the basic rate or rates on which note to Schedule No. 1: overtime would be computed that week. (b) * * * Thus, if the average hourly earnings for the Footnote to Schedule No. 1: three types of work are respectively $1.70 an On Line 28 enter the percents of the volume Example. An employee is compensated at hour in type A, $1.80 an hour in type B, and shown on Line 4, Purchased and/or Produced, a semimonthly salary of $154 for a workweek $2 an hour in type C, and on the sixth day under Columns 56 through 64, Total Pipeline of 5 days of 8 hours each, Monday through the employee works on type B, his overtime System for each of the following: Friday. If a particular half-month begins premium for the sixth day would be one- 1. Firm Gas Sales: Those sales made under on Tuesday and ends on the second Tuesday half the basic rate of $1.80 an hour, multi schedules or contracts which anticipate no following, there are 11 working days in that plied by the 8 hours worked on that day. interruption. half-month. The employee’s basic rate would 2. Interruptible Gas Sales: Those sales then be computed by dividing the $154 sal 3. In § 548.306, subparagraph (2) of made under schedules or contracts which pro ary by 11 working days of 8 hours each, or paragraph (c) is revised to read as fol vide for curtailment by the seller in order to 88 hours. The basic rate in this situation lows: protect service to firm customers. would therefore be $1.75 an hour,. The basic 3. Other Use Gas: That volume of gas rate would remain the same regardless of the § 548.306 Average earnings for year or classified as “Company Use and Unaccounted fact that the employee did not actually quarter year preceding the current for Gas”. work 11 days of 8 hours each because of the quarter. occurrence of a holiday, or because the em ***** (C) FPC Form No. 15-A, set out in the ployee took a day off, or because he worked attachment hereto,2 is prescribed, effec longer than 8 hours on some days during (C) * * * tive for the reporting year 1966 and the period, or because he worked fewer than (2) However, an increase in the basic thereafter, for use in accordance with 8 hours on some days, or because he worked salary or other constant factor would more than 11 days. In any of these circum not preclude the use of such a rate §§ 260.7 and 260.7a as revised and added, stances the employee’s basic rate would still respectively, by ordering paragraph (A) be $1.75 an hour. If in the next semimonthly provided that accurate adjustments are hereof. period there are 10 working days the rate made. For instance, assume that dur (D) In all other respects this proceed would be computed by dividing the salary of ing the previous annual period an em $154 by 80 working hours, or 10 days of 8 ployee was compensated on the basis of ing is continued for such further con hours each. The basic rate would therefore a weekly salary of $70 plus a commission ferences, notices and orders as may be be $1,925 an hour. The rate would remain of 1 percent of sales. If his weekly sal appropriate. $1,925 an hour even though the employee ary is raised to $80 for the next an did not in fact work ten 8-hour days during nual period (assuming he still receives (E) The Secretary shall cause prompt the period for the reasons indicated above, or Publication of this order to be made in his commission of 1 percent of sales) the for any other reason. annual rate on which the established rate the Federal R egister. (c) The overtime compensation for is to be computed must be adjusted by By the Commission. each workweek should be computed at an increase of $520 ($10X 52 weeks). For not less than time and one-half the es instance, assume the above employee [seal] Joseph H. Gutride, tablished basic rate applicable in the earned a total of $4,244 and worked Secretary. period during which the overtime is 2,318 hours during the previous annual |F.R. Doc. 67-2120; Filed, Feb. 24, 1967; worked. Thus, in the example given period when his salary was $70 per 8 :46 a.m.] above all overtime worked in the first week. Normally his established basic half-month would be computed at not rate would be computed by dividing 2,318 hours into $4,244, thus arriving at a rate 'As used herein, “natural gas company” less than time and one-half the basic does not include “independent producers,” rate of $1.75 an hour; in the second half- of $1.83. However, since the rate must as defined in § 154.91(a) of this chapter. month overtime would be paid for at not reflect the increase in salary it must 2 Form 15-A filed as part of original less than time and one-half the rate of be computed by adding the anticipated document. $1,925 an hour. Where a workweek increase to the pay received during the
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3294 RULES AND REGULATIONS
previous annual period ($4,244-f$520= dent by Executive Order No. 10289, Sep of providing for convenient compliance $4,764). The established basic rate tember 17,1951 (3 CFR Ch. 6 ) , and pur with customs requirements. It is, there would then be $2.05. suant to authorization given to me by fore, desirable to make the international * * * * * Treasury Department Order No. 190, airport available to the public as soon as Rev. 4 (30 F.R. 15769), the designation of possible and to dispense with the delayed 4. In § 548.400, paragraph (b) is reNorthport, Wash., as a customs port of effective date provision of 5 U.S.C. 553(d). vised to read as follows: entry in the Seattle, Wash., customs dis (80 Stat. 379, sec. 1109, 72 Stat. 799, as § 548.400 Procedures. trict (Region VIII), is revoked and Fron amended; 5 U.S.C. 301, 49 U.S.C. 1509) * * * * * tier, Wash., and Boundary, Wash., are designated as customs ports of entry in [seal] Edwin F. R ains, (b) Prior approval of the Administra Acting Commissioner of Customs. tor is also required if the employer de the Seattle, Wash., customs district (Re sires to use a basic rate or basic rates gion VIII) , effective 30 days after publi Approved: February 16,1967. cation of this Treasury decision in the which come within the scope of a com T rue D avis, bination of two or more of the para F ederal R egister. Assistant Secretary of graphs in § 548.3 unless the basic rate The geographical limits of the customs the Treasury. or rates sought to be adopted meet the port of entry of Frontier, Wash., shall include the following territory in the [F.R. Doc. 67-2152; Filed, Feb. 24, 1967; requirements of a single paragraph in 8:49 a.m.] § 548.3. For instance, an employee may county of Stevens, State of Washington: receive free lunches, the cost of which, Sections 3, 10, 11, 14, 23, and 24 in T. 40 N., by agreement or understanding, is not R. 39 E., W.M.; secs. 19, 30, and 31 in T. 40 N., to be included in the rate used to com R. 40 E., W.M.; sec. 4 in T. 39 N„ R. 40 E„ W.M.; sec. 5 in T. 39 N., R. 39 E., W.M.; and Title 39— POSTAL SERVICE pute overtime compensation.17 In addi secs. 35 and 36 in T. 40 N., R. 39 E., W.M. tion, the employee may receive an at Chapter, I— Post Office Department tendance bonus which, by agreement or The geographical limits of the customs understanding, is to be excluded from port of entry of boundary shall include PART 173— POSTAL SAVINGS the rate used to compute overtime com sections 3 and 4 in T. 40 N., R. 41 E., Discontinuance pensation.18 Since these exclusions in W.M., in the county of Stevens, State of volve two paragraphs of § 548.3, prior Washington. The regulations of the Post Office De approval of the Administrator would be Section 1.2(c) of the Customs Regula partment are amended as follows: necessary unless the exclusion of the cost tions is amended by deleting from the In Part 173 make the following of the free lunches together with the at column headed “Ports of entry” in the changes: tendance bonus do not affect the em Seattle, Wash., customs district (Region A. Section 173.1 is revised to cite the ployee’s overtime compensation by more VIII) “Northport” and by inserting in law under which the Postal Savings Sys than 50 cents a week on the average, in that column in proper alphabetic order tem was discontinued and describes the which case the employer and the em “Boundary (T.D. 67-65)” and “Frontier provisions thereof. ployee may treat the situation as one (T.D. 67-65).” § 173.1 System discontinued. falling within a single paragraph, (80 Stat. 379, sec. 1, 37 Stat. 434, sec. 1, 38 § 548.3(e). Stat. 623, as amended, R.S. 251, sec. 624, 46 The Postal Savings System was dis (52 Stat. 1060, as amended, 29 U.S.C. 201, Stat. 759; 5 U.S.C. 301, 19 U.S.C. 1, 2, 66, 1624) continued by Public Law 89-377, ap et seq.) proved March 28, 1966. The effective [seal] T rue D avis, date for closing the System was April 27, Signed at Washington, D.C., this 17th Assistant Secretary of the Treasury. 1966. Since that date no postal savings day of February 1967. [F.R. Doc. 67-2151; Filed, Feb. 24, 1967; deposits have been accepted, s The law 8:49 a.m.] Clarence T. Lundquist, provides that all funds remaining on Administrator. deposit on‘ July 1, 1967, will be trans ferred to the Treasury Department and [F.R. Doc. 67-2124; Filed, Feb. 24, 1967; [T.D. 67-63] 8:46 a.m.] held there subject to proper claims. In PART 6— AIR COMMERCE terest ceases to accrue on certificates on REGULATIONS the interest anniversay dates of the indi vidual certificates occurring before April Designation of Houlton Municipal Air 26, 1967. After that date no more in Title 19— CUSTOMS DUTIES port, Houlton, Maine, as Interna terest will accrue on any certificate, but Chapter I— Bureau of Customs, De tional Airport the face value of the certificate and the partment of the Treasury interest due to anniversary date will be Under the authority of section 1109(b) paid whenever the certificate is surren [T.D. 67-65] of the Federal Aviation Act of 1958 (49 U.S.C. 1509(b)), Houlton Municipal Air dered. Depositors are not required to withdraw their deposits, but are encour p a r t t— g e n e r a l p r o v is io n s port, Houlton, Maine, is hereby desig nated as an international airport (airport aged to do so. Ports of Entry; State of Washington of entry) for civil aircraft and for mer Note: The corresponding Postal Manual chandise carried thereon arriving from section is 173.1. F ebruary 13, 1967. places outside the United States, as de Notice that it was proposed to revoke B. Section 173.2 is revised to prescribe fined in section 101(35) of said Act as maintaining card records, Form PS 600 the designation of Northport, Wash., as amended (49 U.S.C. 1301(35)), effective a port of entry and to designate Frontier, on date of publication of this Treasury as the official record of postal savings Wash., and Boundary, Wash., as ports of decision in the Federal R egister, and account. entry in the customs district of Seattle, § 6.13 of the Customs Regulations is § 173.2 Records of accounts. Wash., was published in the F ederal amended to include the location and R egister on November 18, 1966 (31 F.R. name of this airport. The card record, Form PS 600, “Record 14685). No objections to the proposal Notice of the proposed designation of of Postal Savings Account,” established were received. the Houlton Municipal Airport, Houlton, when an account was opened, will be Accordingly, by virtue of the authority Maine, as an international airport was maintained as the official record of the vested in the President by section 1 of published in the Federal R egister on De the Act of August 1, 1914, 38 Stat. 623 account at the office where opened. The cember 10,1966 (31 F.R. 15587). No ob amount of each deposit, the amount of (19 U.S.C. 2), which was delegated to the jections were received. Secretary of the Treasury by the Presi- The designation of this airport is based each withdrawal, and the balance on de upon a determination that a sufficient posit are entered on the record. 17 See § 548.304. need exists to justify such action, and Note; The corresponding Postal Manual « See § 548.305. the designation is made for the purpose section is 173.2.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 RULES A N D REGULATIONS 3295
C. In § 173.3, paragraph (a) is revised unless the amount is large and the post (g) By levy for deficiency in Federal to show that the postmaster will await master has to obtain the necessary funds, income tax. (1) A postmaster served instructions from the Postal Data Center in which case a temporary receipt for the with notice of levy by Internal Revenue instead of the Post Office Department in certificates will be given. Depositors are agent shall— Washington where a dispute as to owner not required to withdraw deposits, but (1) Put stop payment on account and ship of a postal savings account arises. any funds not withdrawn by July 1,1967, notify depositor in writing of the levy § 173.3 Ownership and privacy of ac will be turned over to the Treasury De served and request surrender of all or counts. partment and claim for payment will sufficient number of certificates to satis have to be made to that office. fy tax deficiency. Have depositor en (a) Claims. When there is any dis Note: The corresponding Postal Manual dorse certificates. Pay Internal Revenue pute as to ownership, or a claim by other section is 173.51. Service and obtain receipt. File receipt than the depositor is made for payment with Form PS 600. Pay depositor any of a postal savings account, the post 2. Paragraph (b) is revised for clari amount due on certificates above the master will withhold payment of with fication. amount of the levy. drawals from the account involved pend (b) In person. (1) The certificates ing instructions from the Postal Data will be paid at the office of issue if the - (ii) If certificates are not surrendered postmaster is satisfied as to the identity as requested within 10 days from date Center. notice was mailed, prepare Form PS 607, ***** of the holder. The postmaster must identify the depositor with the infor “Depositor’s Application for New Postal No t e : The corresponding Postal Manual Savings Certificates,” in duplicate, for section is^l73.31. mation shown on his account Form PS 600. Compare fingerprints if equipment all certificates outstanding in the ac D. Section 173.4 is revised to explain is available. count. Describe the certificates in sec that interest ceases to accrue on interest (2) Compute interest and enter the tion A and enter an explanation in the anniversary dates of certificates occur amount due on certificate. (Use month space provided for depositor’s signature. ring between April 27,1966, and April 26, ly interest tables, Schedule 100-B for Enter the amount of the entire out 1967, and it also provides for payment of 1939 or earlier series, and Schedule 100- standing balance in the account in the monthly interest on certificates due to CTor 1954 series.) space to the right of the words “Section liquidation of the system. (3) Have the depositor sign the cer B” (on both original and duplicate). tificates in the postmaster’s presence. Attach the notice of levy to the original § 173.4 Interest on deposits. Form PS 607 and send them and the (a) Rate. Deposits earn interest at (4) Pay from postal funds, or use Form PS 600 to the postal data center. the rate of 2 percent per year from the Treasury (symbol 9500) check where Retain the duplicate Form PS 607 as a first day of the month following the date authorized. record of the amount to be shown in of deposit. (5) If any payment is questioned, give your postal savings records and Form (b) Compound interest. Interest is the depositor a receipt on Form PS 305, 704 or 714 as transferred to postal data compounded annually on whole dollar “Depositor’s Receipt for Certificates Sur center. Include the amount with the amounts on certificates issued on or after rendered Without Payment” for the cer total of all Forms PS 607 sent to the September 1, 1954. tificates, and send the account, certifi postal data center for payment of missing (c) Simple interest. Certificates sur cates, and a statement to the postal data certificates during the reporting period rendered between annual periods, or for ^center. under item 38. (See § 173.7(b).) periods of less than 1 year, earn simple Note: The corresponding Postal Manual (2) The postal data center will draw interest computed quarterly. Deposits section is 173.52. a check in favor of the Internal Revenue made before September 1, 1954, earn Service for the amount due it and a simple interest until paid or interest 3. In paragraph (d) the second sen tence, “A postmaster must witness the check in favor of the depositor for any ceases. balance in the account due him. The (d) Payment of interest. Interest signing of Form 315” is deleted as this requirement is no longer in effect. checks will be mailed direct to the In ceases to accrue on a certificate on the ternal Revenue Service and to the de interest anniversary date occurring be 4. Paragraph (f) (3) is revised for positor. The postal data center will tween April 27, 1966, and April 26, 1967. clarification to read: annotate Form PS 607 and Form PS 600 The interest that accrues during any (f) By nonresident aliens. * * * to fully explain the action taken and will quarter is payable on or after the first (3) Method of payment. Instructionsenter on each the payee, number, date, day of the next quarter. Subject to the on Form 304 or 315 shall be followed. and amount of each check drawn. The limitation that interest ceases to accrue A Treasury check, drawn to the order of Form PS 600 will be placed in the postal on the interest anniversary date of a cer the Board of Trustees,-Postal Savings data center’s file of paid accounts. The tificate, monthly interest is payable for System, for the full amount of princi notice of levy will be firmly attached to each full month beyond the end of an pal and interest due, shall be sent to the Form PS 607 and both will be retained interest quarter. Bureau of Finance and Administration by postal data center as permanent (e) Taxation. Interest credited to (Postal Savings), together with a com records. postal savings accounts on moneys de pleted Form 320, “Letter Transmitting posited on and after March 1,1941, is not Postal Savings Payments by Mail,” and Note: The corresponding Postal Manual exempt from Federal income taxes, but name and address of depositor and of section is 173.57. interest credited to postal savings ac representative, if any. If no checking 6. In paragraph (h), the term “re counts on moneys deposited prior to credit has been granted, the postal data gional controller” is deleted and the term March 1, 1941, is wholly exempt from center should be asked to draw a check “postal data center” is inserted in lieu Federal income tax. in favor of the Board of Trustees, Postal thereof in the second sentence of sub- No t e : The corresponding Postal Manual Savings System, and to send it to the paragraph (2) (ii) for clarification. section is 173.4. Bureau of Finance and Administration. 7. In paragraph (h), the term “re § 173.5 [Amended] The Bureau of Finance and Adminis gional controller” is deleted from the last tration will deduct the tax and mail the sentence in subparagraph (3), and the E. In § 173.5, Making withdrawals, payment to the depositor representative. term “postal data center” is inserted in wake the following changes: lieu thereof for clarity. 1. Note: The corresponding Postal Manual Paragraph (a) is revised to providesection is 173.563. F. Section 173.6 is revised to set forth for giving a depositor a temporary re current procedures for handling re ceipt for his certificates if the postmaster 5. Paragraph (g) is revised to clarify quests for payment when a depositor’s does not have funds to make immediate instructions when a postmaster has been inactive account has been transferred to Payment. served with notice of levy for deficiency the postal data center as unclaimed. (a) On demand at office of issue. All in Federal Income Tax, eliminating the any part of funds deposited at the issuance of duplicate certificates, and § 173.6 Inactive accounts. office of issue may be withdrawn on de providing for payment by the postal data When a depositor whose inactive ac mand. Immediate payment will be made, center. count has been transferred to the postal
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3296 RULES AND REGULATIONS data center as “unclaimed” requests pay (3) Postmasters will forward the depositors’ Forms PS 600 every 6 months. ment, the postmaster will furnish him a original Form PS 607 and the Form PS If the totals do not agree, check addition Form 315 and instruct him to complete 600 to the postal data center for veri or subtraction on depositor’s cards. If and send it, with the endorsed certifi fication and payment of missing certifi no error is found, check the entries on the cates, to the postal data center where cates direct to depositor. Postmasters cards with the records of certificates the account is held. Payment will be will retain the duplicate of Form PS 607 paid. Place a dummy account card, made by the postal data center direct to as a record of the amount transferred Form PS 600, in the front of the file, on the depositor. Partial payment of un to the postal data center. The total of which enter the amount of the difference claimed accounts will not be made; they all Forms PS 607 sent to the postal data (circling the amount if the total of the must be paid in full. center during the reporting period should balances of the Forms PS 600 is in excess N ote: The corresponding Postal M anual be entered under item 39 on Form 704 of the amount in item 39 of the Form section is 173.6. or 714 with an explanation. Postmasters 704 or 714). Report to the postal data shall file duplicates of Form PS 607 with center for additional instructions only G. Revised § 173.7 prescribes properthe account records of paid postal sav when an unusual situation arises. steps to follow when a depositor reports ings accounts and retain them for 6 (c) Filing and closing accounts. The any of his certificates lost, stolen, years. postmaster shall file and close accounts destroyed, or improperly withheld, and (4) Postal data centers will send a as follows: how application for payment is handled, check for the total of the missing cer (1) Filing. File the Forms PS 600 providing for payment of missing cer tificates and interest due direct to the de numerically by account numbers. Main tificates by postal data centers. positor. They will retain the Form PS tain an alphabetical cross-index card § 173.7 Depositor’s lost, stolen, or de 600 and original Form PS 607 and will file (if many accounts) showing the de stroyed certificates. file the Form PS 607 in their permanent positor’s name and account number. files so that if the certificates are pre (2) Closing. Mark the depositor’s (a) Report to postmaster. A deposi sented for payment at any future date Form PS 600 “Account Closed” when all tor should advice the postmaster at the certificates issued to a depositor have office where his account is held when any there will be evidence that the amount they represent was paid. • been paid. Place in a separate file with of his certificates are lost, stolen, de (c) Disposition of recovered certifiother closed accounts in numerical order. stroyed, or improperly withheld. The cates. The postmaster shall mark re (d) Correcting errors on records. The postmaster will furnish the depositor covered f certificates “Canceled,” enter postmaster shall correct errors as fol with Form PS 607, “Depositor’s Applica lows: tion for New Postal Savings Certificates,” the date, and send them to the postal data center with an explanation. (1) Draw a line through an erroneous in duplicate. Replacement certificates entry and initial. (Do not make the will not be issued, but Form PS 607 will N ote: The corresponding Postal Manual section is 173.7. original entry illegible.) Make the cor serve as the depositor’s application for rect entry on the line below or by inter payment of missing certificates. Pay H. Revised § 173.8 clarifies the mannerlining immediately above the erroneous ment will not be made by postmasters, in which the paying clerk will initial en entry. but by postal data centers. (See para tries of withdrawals on depositor’s ac (2) Advise the postal data center if an graph (b) of this section.) If a certifi count record. error is discovered, after the accounting cate is found after application for pay period report has been submitted, which ment on Form PS 607 has been made, it § 173.8 Office records and records of depositors’ accounts. in any way affects the accuracy of the must be given to the depository post report. master. (a) Recording withdrawals. With (e) Reporting loss of records. The (b) Application for payment. (1) If drawals shall be posted on Form PS 600, postmaster shall report promptly to the a depositor has certificates for only a showing date of transaction, paid in postal data center that any loss or msyor part of the balance in his account, the “Certificate Numbers” column, total damage of postal savings records by fire, postmaster shall pay them in the regular amount of principal in “Transaction burglary, or any other cause. manner and record the payment on the Amount” column, and the balance in “New Balance” column, followed by the Note: The corresponding Postal Manual record of the account, Form PS 600. section is 173.8. The postmaster will not pay any amount initials of the paying clerk in the “By” claimed for which the depositor does not column, all on the same line. The I. Section 173.9 is deleted^as the regu have certificates. He shall follow in transaction must be dated opposite orig lations contained therein are now con structions in subparagraphs (2) and (3) inal issue of certificate in “Date Paid” tained in § 173.8. column. Certificates must be stamped of this paragraph. § 173.9 Office records and records of (2) Form PS 607 shall be prepared for paid with special paid date stamp and depositors’ accounts. [Deleted] missing certificates if depositor knows initialed. A report shall be made on they cannot be recovered. If depositor Form 713 or Form 708 and the paid cer As the foregoing revisions to Part 173 is uncertain as to what happened to his tificates shall be sent to postmaster daily. are prescribed by law, public rule making certificates, he should be asked to search The postmaster must send the paid cer procedures and a delayed effective date again and return in 10 days to fill out tificates with Form 704 or Form 714 to are unnecessary. Form PS 607. (Exception may be made the postal data center each accounting (Pub. Law 89-377, 5 U.S.C. 301, 39 U.S.C. 501, if delay will cause the depositor hard period. 5201-5224) (b) Verifying records of accounts. ship.) Form PS 607 must be prepared T imothy J. May, in duplicate. The serial numbers of the The postmaster shall verify records of General Counsel. missing certificates should be verified accounts as follows; against those on Form PS 600. The ap (1) Daily verification. Do not file F ebruary 21,1967. plication must not be certified in the Forms PS 600 which have been with [F.R. Doc. 67-2129; Piled, Peb. 24, 1967; postmaster’s name until the identifica drawn in the day’s business until the 8:46 a.m.] tion data in section E, paragraph 4, has payments and extensions have been ver been verified with that on the Form PS ified by adding separately the payments 600 to identify the applicant as the true recorded for the day and the balance PART 956— DEBARMENT AND depositor. Any difference between item to the credit of depositors before and af SUSPENSION REGULATIONS 39 of the postal savings records and the ter entry of the day’s business. Check total of Form PS 600 should be shown the total of payments against the pay Correction on Form PS 607. The amount of the ments as recorded in Form 708 or Form In F.R. Doc. 67-2016 appearing in the outstanding balance shown on Form PS 713. issue for Wednesday, February 22, 1967, 600 should be written in the space to the (2) Six months’ verification. Verify at page 3143, the word “Departpaent” ap right of the words “Section B” (on both the balance in item 39 of Form 704 or 714 pearing in the first line of § 956.2(e), original and duplicate). with the total of the balances on the should read “Debarment.”
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 RULES AND REGULATIONS 3297
the lessees hold leases or permits a state APPENDIX— PUBLIC LAND ORDERS Title 43— PUBLIC LANDS: wide bond of not less than $25,000 which [Public Land Order 4162] shall cover all leases and permits issued [Nevada 054529] INTERIOR under this part in that State, or (c) a bond in the amount of $75,000 for full NEVADA Chapter II— Bureau of Land Manage nationwide coverage of all leases and Powersite Cancellation No. 219, Af ment, Department of the Interior permits issued under this part pursuant fecting Powersife Classification No. to the Mineral Leasing Act, and also un GROUP 3100— PUBLIC DOMAIN LEASING der Part 3210 of this chapter pursuant to 285 [ Circular No. 2223 ] the Mineral Leasing Act for Acquired By virtue of the authority contained LEASE BONDS Lands (30 U.S.C. sec. 351-359). in the act of March 3, 1879 (20 Stat. 394; 43 U.S.C. 31), and in 1950 Reorganiza Notice is hereby given that pursuant to tion Plan No. 3 (64 Stat. 1262; 5 U.S.C. the authority vested in the Secretary of PART 3150— SODIUM PERMITS AND 133z-15, Note), it is ordered as follows: the Interior by the Mineral Leasing Act LEASES: USE PERMITS 1. The departmental order of March of February 25, 1920 (30 U.S.C. sec. 181 27, 1934, withdrawing the following de et seq.), and section 2470 of the Revised 3. Section 3153.2-2 is amended to readscribed lands as Powersite Classification Statutes, 43 CFR 3132.3-1, 3143.2-2, as follows: No. 285, is hereby canceled: 3153.2-2, and 3162.2 are each amended as § 3153.2—2 Lease bond. M o u n t D ia b l o M e r id ia n set forth below. A compliance bond of not less than T. 18 N„ R. 64 E., These amendments are not published $5,000 will be required prior to the is Sec. 2, lots 2 and 3, SW ^NE^, SE^NW ^, as a “Proposed Rule Making” because suance of a lease. In lieu of such bond NEi4SW(4, Sy2SW]4, and Wy2SEi4; they are not of a controversial nature the lessee may furnish (a) a collective Sec. 10, Ey2SEi/4; and would confer an elective benefit Sec. 11, WVi (except patented mineral en upon lessees and permittees of the bond in an amount not less than the total try survey No. 3723); minimum coverage required if separate Sec. 14, Wy2NW'/4; enumerated minerals. The amendments bonds for each lease were furnished, or will become effective at the beginning of Sec. 15, NE14, Ey2SW}4, and SE>A; (b) for each State in which the lessees Sec. 22 (except patented mineral entry the calendar day in which they are pub hold leases or permits a statewide bond survey No. 4045), W ^NE^, Ey2NW]4, lished in the F ederal R egister. of not less than $25,000 which shall cover E&SWy4, and Wy2SE%. all leases and permits issued under this T. 19 N„ R. 64 E., Sec. 25, Sy2SW%, NE(4SE*4. and S^SE ^; PART 3130— COAL LEASES, part in that State, or
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3298 Proposed Rule Making
Department of Agriculture, Washington, The Dairy Farmers Association sup DEPARTMENT OF AGRICULTURE D.C. 20250 or may be there inspected. plies a substantial portion of the milk Consumer and Marketing Service Signed at Washington, D.C., on Feb which is pooled under the order. This ruary 23,1967. cooperative recently constructed plant E 7 CFR Parts 1032, 1050, 1062, facilities with a view toward providing Clarence H. Girard, 1067 1 a standby supply of milk for Class I Deputy Administrator, uses of regulated handlers, and minimiz (Docket Nos. AO 313-A14 etc.] Regulatory Programs. ing the assembly and transportation [F.R. Doc. 67-2193; Filed, Feb. 24, 1967; costs of milk moved out of the market MILK IN SOUTHERN ILLINOIS, CEN 8:49 a.m.] for manufacturing uses. Under normal TRAL ILLINOIS, ST. LOUIS AND circumstances this plant would not be OZARKS MARKETING AREAS likely to qualify by meeting either the E 7 CFR Part 1138 ] shipment or distributing standards as a Notice of Hearing on Proposed [Docket No. AO 335-A9] pool plant under the present order. Amendments to Tentative Market Treatment of such plant in the same ing Agreements and Orders MILK IN RIO GRANDE VALLEY manner as any other unregulated milk MARKETING AREA plant would seriously limit its availabil Pursuant to the provisions of the Agri ity as a source of supply because milk cultural Marketing Agreement Act of Decision on Proposed Amendments moving from an unregulated milk plant 1937, as amended (7 U.S.C. 601 et seq.), to Tentative Marketing Agreement to a pool plant is treated at the trans and the applicable rules of practice and feree plant as a receipt of other source procedure governing the formulation of and to Order milk and is thus treated differently from marketing agreements and marketing Pursuant to the provisions of the Agri the producer milk which the association orders (7 CFR Part 900), notice is hereby cultural Marketing Agreement Act of regularly furnishes to pool plants. given of a public hearing to be held at 1937, as amended (7 U.S.C. 601 et seq.), A cooperative association which is pri the Gateway Hotel, 822 Washington and the applicable rules of practice and marily engaged in supplying milk directly Boulevard, St. Louis, Mo., beginning at procedure governing the formulation of from farms of its member producers to 9 a.m., local time, on March 2,1967, with marketing agreements and marketing pool plants it does not operate should be respect to proposed amendments to the orders (7 CFR Part 900), a public hear permitted to pool a plant it operates as tentative marketing agreements and to ing was held at Albuquerque, N. Mex., on an adjunct to this primary function. If the orders, regulating the handling of January 19, 1967, pursuant to notice the cooperative association delivers half milk in the Southern Illinois, Central thereof issued December 30, 1967 (32 or more of its total member producer Illinois, St. Louis, and Ozarks market F.R. 91). milk to pool plants of other handlers, ing areas. Upon the basis of the evidence intro either directly or through its plant, the The public hearing is for the purpose duced at the hearing and the record plant may be considered to be a compo of receiving evidence with respect to the thereof, the Deputy Administrator, Reg nent part of the cooperative’s supply economic and marketing conditions ulatory Programs, on February 9, 1967 system for the market. The order should which relate to the proposed amend (32 F.R. 2849; F.R. Doc. 67-1681) filed designate as a pool plant any plant which ments, hereinafter set forth, and any with the Hearing Clerk, U.S. Depart is located in the marketing area and appropriate modifications thereof, to the ment of Agriculture, his recommended which is operated by a cooperative asso tentative marketing agreements and to decision containing notice of the oppor ciation having 50 percent or more of its the orders. tunity to file written exceptions thereto. member producer milk received at pool The proposed amendments, set forth The material issues, findings and con plants of other handlers during the below, have not received the approval of month. the Secretary of Agriculture. clusions, rulings, and general findings of Proposed by Square Deal Milk Pro the recommended decision (32 F.R. The plant for which pool plant per ducers Association, Sanitary Milk Pro 2849; F.R. Doc. 67-1681) are hereby ap formance standards were proposed to ducers Association, Producers Creamery proved, adopted and are set forth in full apply is located within the marketing Co., Pure Milk Association, Paducah herein: area at El Paso, Tex. Its construction Graded Milk Producers Association, The material issues on the record of was completed only recently for the pur Peoria Producers Dairy, and Madison the hearing relate to: pose of better meeting the fluid market Milk Producers Association : 1. Pool plant standards for a plant needs by providing a facility where milk operated by a cooperative. may be received, cooled, and stored for Proposal No. 1, Review the action of fluctuations in daily fluid milk needs, or the “Louisville plan” in the Southern 2. Continuation of present Class I to serve as a collection point for excess Illinois, Central Illinois, St. Louis, and price provisions. milk which must be shipped to distant Ozarks milk orders, by considering 3. Extension of special Class II credits. plants for use in manufactured products. changes in both the amounts and months 4. Increased rate of deduction for ad Its capacity for receiving, cooling and of take-off or deduction, and the ministrative expenses. storage of reserve milk will contribute to amounts and months of pay-back. Findings and conclusions. The fol use of greater quantities of producer milk Proposed by Dairy Division, Consumer lowing findings and conclusions on the for Class I. and Marketing Service: material issues are based on evidence All the members of the association Proposal No. 2. Make such changes presented at the hearing and the record which operates the plant are engaged in as may be necessary to make the entire thereof: the production of Grade A milk for sale marketing agreement and the order con 1. Pool plant standards for a plant to pool plants. All the milk of these form with any amendment thereto that operated by a cooperative. A market dairy farmer members is available for may result from this hearing. equalization plant or “cooperative stand fluid milk uses. Only if there is no need Copies of this notice of hearing and by pool plant” located within the mar for such milk in fluid uses at a pool dis the order may be procured from the keting area that is operated by a cooper tributing plant is such milk received at Market Administrator, Fred L. Shipley, ative association should be pooled if the cooperative standby plant for stor 2710 Hampton Avenue, St. Louis, Mo. such association delivers half or more of age and subsequent delivery to pool 63139, or from the Hearing Clerk, Room its member producer milk to pool plants plants for fluid uses or to manufacturing 112-A, Administration Building, U.S. of other handlers. plants for surplus uses.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 PROPOSED RULE MAKING 3299
The cooperative association performs without a definite expiration date. These sidered, the ratio of producer milk to valuable services for the market in that provide for addition of Class I differen total Class I sales was 105.3 percent in it attempts to maintain an adequate sup tials of $2.25 (July-February) and $1.95 4964, 108.6 percent in 1965, and 104.7 ply of milk for the market’s needs and (March-June) to a basic formula price percent in 1966. Total producer receipts assumes the responsibility for marketing (Minnesota-Wisconsin manuf acturing were less than sales in 1 month of 1964 all milk produced by its member pro milk price), modified by the average of and 3 months of 1966, but exceeded sales ducers that is in excess of handlers’ re the supply-demand adjustments effective each month in 1965. quirements. Permitting the cooperative for the Wichita, Oklahoma Metropolitan, Milk priced under other orders supple association under these conditions to North Texas, Central Arizona, Great ments these supplies of producer milk pool the returns from the sale of pro Basin, and Eastern Colorado orders. On and is a regular source of supply for at ducer milk which moves directly to the the basis of an amendment effective De least one plant. Of the 291 million association plant will contribute mate cember 1, 1966, certain minimums or pounds of total Class I sales in 1966, 45.7 rially to orderly marketing in this “floors” are effective through July 1967 million pounds or 15.7 percent were al market. with respect to the basic formula price located to other source milk, almost all While there is now insufficient milk to be used in computing the Class I of which was priced under other orders. produced locally to meet the fluid needs price. Since there are few surplus disposal of the market, substantial quantities of The present Class I differentials and facilities in the Rio Grande area, maxi such milk must at times be moved to dis supply-demand adjustment factor were mum Class I use of locally produced tant manufacturing plants because there made effective July 1,1965 at which time supplies is desirable if costly surplus are inadequate facilities for manufactur the relationship of prices at various lo removal operations are to be avoided. ing excess milk into dairy products in the cations within the marketing area were While the record does not show that area. Efficient uSe of the plant will tend also changed. The general effect of optimum Class I use of locally produced to maximize the use of available quanti these changes was to reduce the price milk has been achieved, there is now less ties of local producer milk in the higher level at Albuquerque and Santa Fe by 10 of such milk relative to Class I needs and valued fluid uses. Effective utilization cents and at El Paso and nearby points there has been less milk moved out of of the plant will also minimize costs for by 20 cents without material change at the area for surplus disposal. Some assembling, handling, and transporting other locations. sources of outside producer milk have excess milk from the 'area to the distant No opposition was presented to the been discontinued. The plant which manufacturing plants now used for proposal of the local cooperative associa formerly received all of its milk as other processing such milk into manufactured tions, Dairy Producers Association and order milk from Iowa now takes sub dairy products. New Mexico Milk Producers Association, stantial quantities from local producer The Rio Grande Valley milk order is to continue present Class I pricing pro sources. unique in that its marketing area en visions by deleting' the expiration date Under these circumstances, it is con compasses the largest geographic area now in the order. cluded that the present provisions (in of any of the Federal milk orders. The During each of the past 3-year periods cluding the floors to be the basic formula 22 handlers operate plants at widely dis more than 80 percent of total producer price) should continue and that no new persed points throughout the area. Ap receipts have been classified in Class I termination date need be established. proximately 90 percent of all producer each year, 82.4 percent in 1964, 81.3 per Should the relationship of producer re milk for the Rio Grande Valley market cent in 1965, and 80.4 percent in 1966. ceipts to Class I needs for such milk is produced within the extensive market While market data show that producer change substantially appropriate pricing ing area of the order. In these circum receipts in 1966 were about 4.6 percent changes can be considered at a hearing stances, a plant located within the ex less than those in 1964, this comparison when the situation develops. tensive marketing area can best serve is substantially influenced by the fact 3. Extension of special Class II credits. the dual needs of supplementing direct that certain milk reported as producer Temporary order provisions which re shipped supplies to pool plants and as milk in 1964 was reported as producer- duce costs to handlers with respect to sembly of milk for economical movement handler production in 1966. After mak certain uses of Class n milk should be to distant manufacturing plants. ing allowance for this factor, it appears continued through August 1968. Two cooperative associations now rep that 1966 producer receipts were less Since April 1966 the Rio Grande Val resent producers whose farms are not than those of 1964 by only an insignifi ley order has included provisions reduc located in or near the marketing area. cant amount. Locally produced milk, ing costs to handlers for Class II milk These associations raised no objection however, declined by about 2 percent, used or handled in certain ways. For to the proposal that a cooperative asso slightly over 5.3 million pounds. Pro Class II skim milk in producer milk dis ciation plant should be located in the ducer milk from other areas increased posed of for livestock feed or dumped, marketing area if it was to be designated almost 5.2 million pounds, or about 16.5 this reduction results in no charge to the as a pool plant on the basis of the overall percent. handler for such skim milk; for skim milk market performance of the association The principal source of milk supply for in producer milk used to produce con operating it. These associations pres the Rio Grande marketing area is farms densed skim milk, or milk or skim milk ently operate standby plants pooled un located in the marketing area itself. transferred from pool plants or diverted der the provisions of other orders in This supply of locally produced milk is from farms in the marketing area to non which they operate. The in-area loca somewhat less on an annual basis than pool plants outside the marketing area, tion requirement of the Rio Grande Val the total Class I utilization of the market. the reduction results in a charge of ap ley order may avoid conflict of regulation In 1964 total deliveries of locally pro proximately 15 cents per hundredweight with respect to such plants. duced milk were 97.4 percent of the total of skim milk. It was suggested that a corollary sales of the market and exceeded such change be made in the order to provide sales in 4 months. In 1965 local producer The only facilities in the Rio Grande for diversion of producer milk to nonpool deliveries were 98.7 percent of total sales, Valley marketing area for manufacture Plants from a cooperative standby pool and exceeded sales in 5 months. In 1966 of dairy products are for production of plant. No evidence was offered as to local deliveries dropped to 92.3 percent of cottage cheese and ice cream. Handlers sales and were greater than sales in only have need for cream for their ice cream why this was more necessary than for operations but no means of securing an supply pool plants with respect to 1 month. economic return from the resulting skim which no provision is presently made for In addition to this locally produced milk that is in excess of their needs for such diversion. The record does not supply, producer milk under the Rio cottage cheese if producer milk is sepa show need for diversion provision with Grande order is received from producers rated as a source of cream. Movement of respect to standby plants at this time. in other areas, principally Kansas and 2. Continuation of present Class IArizona at present. This supply was milk and skim milk to manufacturing pricing provisions. Present Class I 9.75 percent of all producer milk in 1964, plants outside the marketing area is very Pricing provisions, which are due to ex 9.1 percent in 1965, and 11.9 percent in costly so that much of the economic value pire on February 28, should be continued 1966. When this producer milk is con of the skim milk so transported is spent
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 No. 38- 3 3300 PROPOSED RULE MAKING for transportation. Before the provi ever, if experience shows that a lesser findings and determinations set forth sions were included, handlers were re rate will provide adequate revenue to herein. fusing to accept any substantial quanti administer the order properly, provision (a) The tentative marketing agree ties of milk for which they had no means is made that the Secretary may set a ment and the order, as hereby proposed of recovering an economic value for the rate of less than 5 cents without amend to be amended, and all of the terms and skim milk portion. Local cooperative as ing the order. conditions thereof, will tend to effectu sociations were moving milk to distant The maximum rate of 4 cents provided ate the declared policy of the Act; nonpool plants at substantial cost to under the present order has been effec (b) The parity prices of milk as de their membership. Producers not mem tive since the inception of the order on termined pursuant to section s of the Act bers of such associations were not shar June 1,1962. are not reasonable in view of the price of ing the costs of surplus removal neces It is a policy of the Department that feeds, available supplies of feeds, and sary for orderly marketing in this area. the market administrator maintain a 6- other economic conditions which affect The temporary provisions adopted month reserve of funds to provide for market supply and demand for milk in April 1, 1966, were designed to alleviate the necessary liquidation of operations of the marketing area, and the minimum these problems by encouraging handlers the office including audits of handler’s prices specified in the proposed market to use local producer milk surplus to reports for previous periods if the order ing agreement and the order, as hereby Class I needs of the market as a source should be suspended or terminated. At proposed to be amended, are such prices of cream for ice cream and to reflect in no time since issuance of the order has as will reflect the aforesaid factors, in the blend price of all producers the in an adequate reserve been achieved un sure a sufficient quantity of pure and centive to handlers for this purpose and der the administrative fund. Once this wholesome milk, and be in the public all or a substantial part of the cost in reserve is established it is not expected interest; and volved in the movement of surplus milk that any substantial further accumula to distant manufacturing plants. tion for this purpose will be required. (c) The tentative marketing agree Producers and handlers testified that Currently, a deficit of $16,000 is pro ment and the order, as hereby proposed in their opinion the provisions have been jected for the 1967 annual budget for to be amended, will regulate the han helpful in meeting the problems for the administrative fund. To allow this dling of milk in the same manner as, and which they were designed. Substantially deficit to continue in the reserves would will be applicable only to persons in the more cream from locally separated milk seriously interfere with the accrual of respective classes of industrial and com was used in ice cream. One handler tes a 6-month reserve of operating funds to mercial activity specified in, a market tified that his increased use of local provide for liquidation contingencies. ing agreement upon which a hearing has cream represented 64,000 pounds of but- As indicated above, the Rio Grande been held. terfat during the period of May-Decem- Valley milk order is unique in that its Rulings on exceptions. No exceptions ber 1966. In the last 9 months of 1966 marketing area encompasses the largest were filed. handlers accepted about 4 million more geographic area of any of the Federal Marketing agreement and order. An pounds of milk for which they could use milk orders. The 22 handlers operate nexed hereto and made a part hereof are only the cream portions than in the same plants at widely dispersed points two documents, entitled respectively, period of 1965. The quantity of milk throughout the area. Therefore, there “Marketing agreement regulating the transported to nonpool plants in this is significant cost in carrying out ad handling of milk in the Rio Grande period of 1966 was 8.3 million pounds less ministration of this order. Valley Marketing area”, and “order than in the same period of 1965,13.3 mil In view of the number of small han lion pounds as compared with 21.6 mil dlers expected to continue to be regu amending the order regulating the han lion pounds. The 13 cents per hundred lated by the amended order, the dis dling of milk in the Rio Grande Valley weight which the principal local coopera tances involved, and the cost of adminis marketing area”, which have been de tive association had deducted from its tering orders with comparable milk vol cided upon as the detailed and appro member’s payments for costs of this umes, a maximum assessment rate of 5 priate means of effectuating the fore cents per hundredweight is reasonable to transportation were reduced to an aver going conclusions. age of less than 5 cents for the last 9 meet the expenses of administration of months of 1966. the proposed amended order. If experi It is hereby ordered, That all of this The association has taken steps which ence shows at any time in the future decision except the attached marketing should further alleviate the problem by that a lesser rate will provide adequate agreement, be published in the F ederal installation of the plant facilities dis revenue to administer the order, provi R egister. The regulatory provisions of cussed elsewhere in this decision. Such sion is made that the administrative as said marketing agreement are identical sessment may be reduced at such time. facilities should aid in better allocation of with those Contained in the order as local supplies to Class I needs so that less Rulings on proposed findings and con milk will need be disposed of in Class II clusions. Briefs and proposed findings hereby proposed to be amended by the uses. It is evident, however, that there and conclusions were filed on behalf of attached order which will be published will be need for the present provisions certain interested parties. These briefs, with this decision. to insure orderly marketing through 1967 proposed findings and conclusions and Determination of representative pe and the flush production season of 1968. the evidence in the record were consid riod. The month of December 1966 is The provisions should therefore be ex ered in making the findings and conclu hereby determined to be the representa tended through August 31, 1968. They sions set forth above. To the extent that should not, however, be made permanent the suggested findings and conclusions tive period for the purpose of ascertain as suggested by a handler. The order filed by interested parties are incon ing whether the issuance of the attached cannot indefinitely contemplate the sistent with the findings and conclusions order, as amended and as hereby pro production of milk for which no economic set forth herein, the requests to make posed to be amended, regulating the han use can be found for the skim milk com such findings or reach such conclusions dling of milk in the Rio Grande Valley ponent. are denied for the reasons previously marketing area, is approved or favored 4. Increased rate of deduction for adstated in this decision. ministrative expenses. Proponent co General findings. The findings and by producers, as defined under the terms operatives proposed that the maximum determinations hereinafter set forth are of the order, as amended and as hereby rate of deduction for administrative ex supplementary and in addition to the proposed to be amended, and who, dur penses should be increased from 4 cents findings and determinations previously ing such representative period, were en to 5 cents per hundredweight. made in connection with the issuance of gaged in the production of milk for sale It may reasonably be estimated that the aforesaid order and of the previously within the aforesaid marketing area. a maximum deduction of 5 cents per issued amendments thereto; and all of hundredweight of milk will be necessary said previous findings and determina Signed at Washington, D.C., on Feb to provide sufficient funds to continue tions are hereby ratified and affirmed,, ruary 21,1967. administrative service of the order, and except insofar as such findings and de G eorge L. Mehren, provide reserves for contingencies. How- terminations may be in conflict with the Assistant Secretary.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 PROPOSED RULE MAKING 3301
Order1 Amending the Order Regulating plant from pool plants and other order the Handling of Milk in the Rio Grande plants: Provided, That if such handler FEDERAL COMMUNICATIONS Valley Marketing Area elects pursuant to § 1138.36 to use two accounting periods in any month the ap COMMISSION § 1138.0 Findings and determinations. plicable rate of assessment for such han The findings and determinations here dler shall be the rate set forth above mul E 47 CFR Parts 2, 89, 91 1 inafter set forth are supplementary and tiplied by 2 or such lesser rate as the [Docket No. 17228; FCC 67-228] in addition to the findings and determi Secretary may determine is demon nations previously made in connection strated as appropriate in terms of the - SIGNALING DEVICES with the issuance of the aforesaid order particular cost of administering the ad and of the previously issued amendments ditional accounting period. Expanded Use on Regular Basis thereto; and all of said previous findings Order R elative to Handling In the matter of amendment of Parts and determinations are hereby ratified 2, 89, and 91 of the Commission’s rules and affirmed, except insofar as such find It is therefore ordered, That on and to provide for the expanded use of sig ings and determinations may be in con after the effective date hereof, the han naling devices on a regular basis, Docket flict with the findings and determina dling of milk in the Rio Grande Valley No. 17228: Petition filed by the Central tions set forth herein. marketing area shall be in conformity to Committee on Communication Facilities (a) Findings upon the basis of the and in compliance with the terms and of the American Petroleum Institute to hearing record. Pursuant to the provi conditions of the aforesaid order, as permit use of frequencies listed under sions of the Agricultural Marketing amended and as hereby further amended, § 91.8(j) of the rules for remote control Agreement Act of 1937, as amended (7 as follows: and telemetering in the operational fixed U.S.C. 601 et seq.), and the applicable The provisions of the proposed mar service, RM-390 ; petition filed by the Na rules of practices and procedure govern keting agreement and order amending tional Committee for Utilities Radio to ing the formulation of marketing agree the order contained in the recommended permit use of five frequencies listed un ments and marketing orders (7 CFR Part decision issued by the Deputy Adminis der § 91.8(j) of the rules for remote con 900), a public hearing was held upon cer trator, Regulatory Programs, on Febru trol and telemetering in the operational tain proposed amendments to the tenta ary 9,1967, and published in the Federal fixed and mobile services, RM-458; peti tive marketing agreement and to the R egister on February 14, 1967 (32 F.R. tion of Forest Industries Communica order regulating the handling of milk 2849; F.R. Doc. 67-1681), shall be and tions for amendment of § 91.354 of the in the Rio Grande Valley marketing area. are the terms and provisions of this or rules to add the frequency 154.60 Mc/s Upon the basis of the evidence intro der, and are set forth in full herein: 1. The introductory text of § 1138.10 for remote control purposes, RM-906. duced at such hearing and the record 1. Notice is hereby given of proposed thereof, it is found that: is revised and a new paragraph (c) is added to read as follows: rule making in the above-entitled mat (1) The said order as hereby amend ters. ed; and all of the terms and conditions § 1138.10 Pool plant. thereof, will tend to effectuate the de 2. One of the relatively new and clared policy of the Act: “Pool plant” means any plant meeting highly specialized uses of radio, finding (2) The parity prices of milk, as de the conditions of paragraph (a), (b), or increasing application in recent years, termined pursuant to section 2 of the (c) of this section during the month ex relates to the transmission of tone sig Act, are not reasonable in view of the cept the plant of a handler exempted in nals for, among other things, telemeter price of feeds, available supplies of feeds, § 1138.60 or § 1138.61; ing, for controlling remote objects (such and other economic conditions which af * * * * * as pipelines and locomotives), for police, fect market supply and demand for milk (c) Any plant, hereinafter referred to fire, and highway call boxes, and for elec in the said marketing area, and the mini as a “cooperative standby pool plant”, tric utility peak load shaving.1 The mum prices specified in the order as which is operated by a cooperative asso stations which we have licensed on a de hereby amended, are such prices as will ciation, and is located within the mar velopmental basis to accomplish these reflect the aforesaid factors, insure a suf keting area, if 50 percent or more of the various purposes all utilize nonvoice de ficient quantity of pure and wholesome milk delivered during the month by pro vices, employ low-frequency audio tones, milk, and be in the public interest; ducers who are members of such associ occupy rather narrow channels (5-7.5 (3) The said order as hereby amended, ation is delivered directly or is trans kc/s), and most operate with relatively regulates the handling of milk in the ferred by the association to pool plants low power. In this proceeding, we pro same manner as, and is applicable only of other handlers. pose to adopt rules to govern the use of to persons in the respective classes of in such devices in the Public Safety and In dustrial or commercial activity specified § 1138.51 [Amended] dustrial Radio Services, and to assign in, a marketing agreement upon which 2. In paragraph (a) of § 1138.51 Class frequencies for that use. While the pro a hearing has been held; and prices, the phrase which reads “During posal involves three channels in the mo (4) It is hereby found that the neces the period from the effective date of this sary expense of the market administrator order until March 1, 1967,” is revoked bile service band 150.8-162 Mc/s, the for the maintenance and functioning of and the word “the” immediately follow Commission is proposing a departure such agency will require the payment by ing such phrase is revised to read “The”. from its traditional position that these each handler, as his pro rata share of 3. The introductory text of § 1138.55 bands are reserved for exclusive mobile such expense, 5 cents per hundredweight is revised to read as follows: service use because only small segments or such amount not to exceed 5 cents per not suitable for two-way mobile voice use hundredweight as the Secretary may § 1138.55 Credit for specified Class 11 prescribe, with respect to (i) producer uses. are involved. The Commission has had milk including such handler’s own pro From the effective date hereof through numerous requests to permit fixed opera duction, (ii) other source milk allocated August 1968, producer milk classified as tion for specialized purposes on these to Class I pursuant to § 1138.46(a) (2) Class n milk in the following utilizations narrow channels and while we are pro (i), (3), and (7) and the corresponding shall be subject to a credit at the respec posing fixed service use, it will be incum steps of § 1138.46(b), and (iii) Class I bent on those desiring such use to fully milk disposed of from a partially tive rates specified: regulated distributing plant on routes in ***** justify this departure. Persons foresee ing additional mobile tone service re the marketing area that exceeds Class I § 1138.88 [Amended] milk received during the month at such quirements not contained herein also 4. In § 1138.88 Expense of adminis should offer their comments. 1 This order shall not become effective untration the word “four” is revised to read less and untU the requirements of § 900.14 of “five”. the rules of practice and procedure governing 1A technique involving the temporary re proceedings to formulate marketing agree [F.R. Doc. 67-2157; Filed, Feb. 24, 1967; moval of interruptable loads for short inter ments and marketing orders have been met. 8:49 a.m.] vals during peak power demand periods.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3302 PROPOSED RULE MAKING
3. A number of narrow channels are nels are suitable such as to divert loads Industrial Radio Services for Fixed and available for assignment in the 150-160 to assist in stabilization of electrical Mobile station tone use, and to the Busi and 173 Mc/s regions on a developmental transmission systems and for load in ness Radio Service for low-power mobile basis under the rules governing the Pub terruption (peak shaving) during peak station tone use. lic Safety and Industrial Radio Services. demand periods. This contemplates (b) The 7.5 kc/s band 154.460-154.4675 It is proposed that all of the Industrial multiple-address fixed use of-the fre Mc/s is proposed to be made available to frequencies, one of the Public Safety fre quencies. the Power Radio Service for multiple- quencies, and one similar frequency be 8. FIRC requests that the business address fixed station use. made available for limited power point- radio low-power frequency 154.60 Mc/s (c) The 7.5 kc/s band 154.4675-154.- to-point telemetry, emergency alarm, be made available for remote control 4750 Mc/s is proposed to be made avail and control functions, and for similar purposes under the Forest Products Serv able to the Petroleum Radio Service and low-power mobile station use. Paging ice rules in the same manner and subject the Special Industrial Radio Service for systems will not be given access to these to the same limitations as the presently limited power fixed station use. frequencies and voice emission will not available frequency 154.57 Mc/s. FIRC (d) The 7.5 kc/s channel 154.4525- be authorized. One frequency would be claims that extensive use of the low- 154.4600 Mc/s is proposed to be made made available for multiple address fixed power frequency 154.57 Mc/s is causing available to public safety activities in the use with a higher power limit to permit problems, and that provision should be Local Government Radio Service for radio control transmission primarily for made for use of another low-power fre limited power fixed station (emergency peakload shaving in the electric utility quency to permit a choice in selecting callbox only) use. industry. Since only one frequency is frequencies in order to control undesired 11. We also are proposing to permit proposed for this use, it is anticipated triggering of remotely controlled devices access to one low-power Business Radio that some method of sharing, such as a such as log hauling machinery. Such frequency by the Forest Products Radio multiple access tone system, will be de undesired triggering can and apparently Service. The logging industry has a re veloped to meet the needs of the electric has resulted in serious safety problems. quirement for both voice and tone trans utilities in large metropolitan areas. 9. Of primary consideration has been mission utilizing a single hand held unit. 4. Tone signaling devices will be re the determination of how the limited Since this requirement cannot be met in quired to meet stringent frequency toler number of available frequencies should the narrow channels proposed for mobile ances; transmitted deviation or swing be divided and to what services they remote control purposes, we are propos will be restricted and the transmission of should be allocated. For the most part, ing to make available the frequency audio tones above 1,000 c/s will not be the petroleum industry requirement ap 154.60 Mc/s under § 91.354 of the rules. permitted in order to insure that the pears to be in remote parts of the country The maximum authorized bandwidth will emissions will be confined to the narrow where wireline facilities are not readily be 20 kc/s, and the provision for tone channels provided. available and for off-shore use in the use will be in accordance with the provi 5. Three petitions for rule making Gulf of Mexico. On the other hand, the sions of note 10 appended to § 91.354. pertaining to expanded use of tone sig power utility requirement appears to be 12. Because of the narrowness of the naling devices in the Industrial Radio in or near centers of population. If channels, deviation will be limited to plus Services have been filed. RM-390 was stations are limited to reasonable power and minus 1 kc/s for FM systems, and the filed by the Central Committee on Com levels and directional antenna systems highest audiofrequency tone permitted is munication Facilities of the American are employed for most of the fixed point- to be 1,000 cps. Higher audiofrequency Petroleum Institute (API) on December to-point installations, it appears that tones may be permitted for AM systems 4, 1962; RM-458 was filed by the Na some sharing can be accomplished, and and for SSB systems where it can be tional Committee for Utilities Radio it is here proposed. The power industry shown that all emission will be confined (NCUR) on June 14, 1963, and amended requirement for multiple-address fixed to the bands specified. The plate input on April 12, 1966; and RM-906 was filed facilities cannot be met with directional power would not exceed 600 watts for the by Forest Industries Radio Communica antennas and moderate power levels be Power Radio Service multiple address tions (FIRC) on January 21, 1966. The cause of the location of their customers. fixed frequency, and would not exceed 200 Special Industrial Radio Service Associa Further, such systems will employ rather watts for fixed stations in all of the serv tion (SIRSA) supports the petitions of inexpensive receivers and simple anten ices. Fixed stations other than those au NCUR and API and indicates its mem na installations, resulting in relatively thorized for multiple address purposes bers also have a similar requirement and poor overall sensitivity. A separate fre will be required to use directional anten requests that access to these frequencies quency is proposed for this use. nas having a front-to-back ratio of at continue for the Special Industrial Radio 10. A number of narrow channels also least 20 db. Mobile station transmitters Service. have been available on a developmental would be limited to a maximum power 6. API requests that splinter frequen basis in the Public Safety Radio Services input of 1 watt. Frequency tolerances cies listed for developmental purposes pursuant to § 89.101(f) and (1), and in proposed are 0.0005 percent for all sta under § 91.8 (j) of the Industrial Radio the Land Transportation Radio Services tions whether fixed or mobile. Trans Services Rules be made available on a pursuant to § 93.204(b). A petition, mitters will be limited to on-off carrier regular basis for point-to-point remote RM-1101, was filed by the Association of or audio tone modulation for remote con control purposes and for telemetering. American Railroads (AAR) on'January trol and telemetering functions. Con API claims there is a need for this type 17,1967, which seeks assignment of some tinuous carrier radiation will not be of service by the petroleum industry, and of these frequencies to the Railroad authorized except for low-power mobile that a part of such need can be satisfied Radio Service. Therefore, the disposi stations having a requirement for such by permitting regular use.of these fre tion of the narrow channels available to operation in order to provide fail-safe quencies. the Land Transportation Radio Serv operation for locomotive control and for 7. NCUR also requests that the fre ices and one of the narrow channels similar remote machinery control func quencies available under §91.8(j) be available to the Public Safety Radio tions that involve safety of life. The made available on a regular basis for Services will be considered at a later safety aspects of low-power remote con point-to-point operations and for low- date. The remaining narrow channels trol operation warrant a deviation from power mobile station use for remote con listed under the Industrial and Public the general rule prohibition against con trol purposes. NCUR claims that there Safety rules are proposed to be used on a tinuous carrier. Comments are sought has been a growing requirement in the regular basis as follows: concerning the feasibility of developing Power Radio Service for additional fre (a) The two 7.5 kc/s bands 173.2000-equipment that can provide the fail-safe quencies to permit the transmission of 173.2075 Mc/s and 173.3925-173.4000 function by other means. It is hoped coded tones, and that the need is for Mc/s and the two 5.0 kc/s bands 173.- that random access systems will be de both fixed point-to-point and low-power 2075-173.2125 Mc/s and 173.3875- veloped as a means of frequency sharing. mobile use. In an amendment to its 173.3925 Mc/s are proposed to be made 13. In view of the foregoing, the peti petition, NCUR claims that there are available on a shared basis to the Power, tions described in paragraph 5 above are, additional uses for which narrow chan- Petroleum, Forest Products, and Special to the extent that they are compatible
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 PROPOSED RULE MAKING 3303 with the proposals contained herein, in reply to the original comments may Adopted: February 17,1967. granted and in all other respects denied. be filed on or before April 10, 1967. All Released: February 21,1967. 14. Authority for the proposed amend relevant and timely comments and reply ment to the appropriate rules is con comments will be considered by the Com F ederal Communications tained in sections 4 (i) and 303 of mission before final action is taken in Commission,4 the Communications Act of 1934, as this proceeding. In reaching its deci [seal] ' B en F. W aple, amended. sion, the Commission may also take into Secretary. 15. Any interested person who is of the account other relevant information be [F.R. Doc. 67-2145; Filed, Feb. 24, 1967; opinion that the proposed amendment fore it, in addition to the specific com 8:48 a.m.] should not be adopted in the form set ments invited by this notice. forth herein may file with the Commis 16. In accordance with § 1.419 of the sion on or before March 24, 1967, written Commission’s rules, an original and 14 2 Commissioner Lee concurring; joint con data, views, or arguments setting forth curring statement of Commissioners Cox, his comments. Comments in support of copies of all statements, views, or com Loevinger, and Johnson filed as part of orig the proposal may also be filed on or be ments filed shall be furnished the Com inal document; Commissioner Wadsworth fore the same date. Comments or briefs mission. absent.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3304
Notices
There were no comments received fol T. 150 k., R. 86 W., DEPARTMENT OF THE TREASURY lowing publication of the Notice of Pro Sec. 21.NE&SE&; posed Classification (31 F.R. 14788). Be Sec. 22, S%NW%, and NW&SW&. Office of the Secretary- cause of the relatively small acreage MOUNTRAIL COUNTY [Dept. Order No. 147-1] involved, and because very little interest T. 155 N., R. 88 W., UNDER SECRETARY OF THE TREASURY had been evidenced, no public hearing Sec. 20, Lot 4. was scheduled for this classification. T. 156 N.,R. 88 W., Delegation of Authority The public lands affected by this clas Sec. 17, SW&NE}4. sification are described below and are T. 156 N., R. 89 W., By virtue of the authority vested in me shown on maps on file in the office of the Sec. 3, SE^NW1^; as Secretary of the Treasury, including State Outdoor Recreation Agency, 107 Sec. 7, Lots 1 and 2. the authority in Reorganization Plan No. T. 157 N..R.89 W., South Fifth Street, Bismarck, N. Dak., Sec. 29, Lot 1. 26 of 1950, the Under Secretary is desig and on the plats located in the Land T. 156 N„ R. 90 W., nated, effective immediately, to perform Office, Bureau of Land Management, Sec. 20, SE1/4SW&, and SW ^SE^. the functions of the Special Assistant to Federal Building, Billings, Mont. T. 158 N., R. 90 W., the Secretary (for Enforcement), until a Sec. 18, SE^NE1^« new Special Assistant to the Secretary F i f t h P r in c ip a l M e r id ia n , N o r t h D a k o t a T. 156 N., R. 91 W., (for Enforcement) has been appointed DIVIDE COUNTY Sec. 5, Lot 4; and assumes the duties of the office. Sec. 13, W%NE%. T. 163 N., R. 95 W., T. 157 N„ R. 91 W„ [ seal] Henry H. F owler, Sec. 25, SW%SWi,4; Sec. 34, Lot 2. Secretary of the Treasury. Sec. 26, SE%SE%; Sec. 27, SW1/4SE14. SHERIDAN COUNTY F ebruary 18,1967. T. 160 N., R. 99 W., T. 145 N., R. 74 W., [F.R. Doc. 67-2154; Filed, Feb. 24, 1967; Sec. 5, SW1/4SE14. Sec. 26, SE[4NEy4> and NE^SE^. 8:49 a.m.] T. 160 N., R. 100 W., T. 150 N., R. 75 W., Sec. 22, SW%NE%, and NW&SE&. Sec. 14, syssNW^. T. 162 N., R. 102 W., T. 149 N., R. 77 W.. Sec. 8, SWy4NW'/4, and Ny2SW»4; Sec. 2, Lot 7. Sec. n.NE&NWVi; T. 150 N., R. 77 W„ DEPARTMENT OF THE INTERIOR Sec. 20, SWi4NE%, S%NW%, and SW&; Sec. 13, Loti; Sec. 29,NWi4; Sec. 17, SW^SW1^; Bureau of Land Management Sec. 30, SE14NE14, and NE^SE^. Sec. 20, Lots 1 and 2; T. 163 N., R. 102 W., GRAZING LEASES Sec. 28, Lot 2; Sec. 26, SE 14NE14, and SW&NWft. Sec. 35, Lot 2. T. 160 N„ R. 103 W., Rentals Sec. 15, W 1/2NW 14, and NW^SW^; WARD COUNTY Notice is hereby given pursuant to the Sec. 21, NE%NW%; T. 151 N., R. 84 W., provisions of 43 CFR 4122.3-3, that rent Sec. 33, Lot 1. Sec. 29, NE&SW&, T. 161 N., R. 103 W., T. 153 N., R. 86 W., als for grazing leases issued under sec Sec. 23, NE14NEJ4, and SE]4SE%; tion 15 of the Taylor Grazing Act shall Sec. 5, Lots 1 and 5. Sec. 24, SW&SW^. T. 152 N., R. 87 W., be computed in all cases for the grazing T. 162 N., R. 103 W., Sec. 1, Lot 6; fee year beginning March 1, 1967, and Sec. 3, Lots 1, 2, 3, and 4, and S%.RE%< Sec. 4,SE%SW%; ending February 29, 1968, on the same T. 163 N„ R. 103 W., Sec. 9, NE^NW1^. rate as for the 1966 fee year. Sec. 11, SE^SE^; T. 155 N., R. 87 W., Sec. 14, SVaSE^. J ohn O. Crow, Sec. 8, NW1/4SW14. M ’HENRY COUNTY Associate Director. WILLIAMS COUNTY F ebruary 20,1967. T. 153 N., R. 75 W„ T. 159 N., R. 100 W., Sec. 3, Lot 6; [F.R. Doc. 67-2130; Filed, Feb. 24, 1967; Sec. 22, SE]4NE^4, SE]4NW$4, NE»4SW#. Sec. 25, NE%SW%; sy2swi4. Ny2SE>4, and SW&SEft. 8:47 a.m.] Sec. 31, Lots 2 and 4. T. 155 N., R. 75 W., PIERCE COUNTY [Montana 498 (ND) ] Sec. 6, SE14NE14; T. 157 N., R. 72 W., Sec. 19, Lot 3; MONTANA Sec. 23, Lot 5. Sec. 23, sy2NWy4. NE14SW 14, and NW& T. 152 N., R. 73 W„ SEi4; Sec. 5, Lot 10. Notice of Classification of Public Sec. 29,Ni/2SW%. Lands T. 152 N., R. 74 W., T. 155 N„ R. 76 W., Sec. 8, Lots 1, 5, and 6. F ebruary 16, 1967. Sec. 23, N&NW&, and NWJ4SE&. T. 154 N., R. 74 W., T. 152 N., R. 77 W., Sec. 30, NE14SW14. Pursuant to the Act of September Sec. 23, SW ^NE^. 19, 1964 (43 U.S.C. 1411-18), and to the T. 153 N., R. 77 W., BARNES COUNTY regulations in 43 CFR Parts 2410 and Sec. 23, SW%SE%? T. 143 N„ R. 60 W., 2411, the public lands described below Sec. 25, Ei/2SWy4. Sec. 12, Lots 1 and 2. are hereby classified for multiple use T. 156 N., R. 77 W., Sec. 10,NW&SWft. BURLEIGH COUNTY management. Publication of this no T. 151 N., R. 78 W., tice has the effect of segregating the de " Sec. 23,NEi/2SE1/4; T. 142 N., R. 75 W„ scribed lands from appropriation only Sec. 24, NW 14NW 14. sec. I2,sy2sw}4; under the agricultural land laws (43 T. 152 N., R. 78 W., Sec. 14, Sy2Swy4, and E%SE%J U.S.C. Parts 7 and 9; 25 U.S.C. sec. 334) Sec. 15, SE&SW14, and SW&SE&J Sec. 22, N^NE1^; Sec. 22, Ni/2, and N&$E$£* Sec. 26, NWy4NE^4, and NE%NWi4. and from sales under section 2455 of the T. 144 N., R. 77 W, Revised Statutes (43 U.S.C. 1171) and m ’lean county Sec. 22, NE14. the lands shall remain open to all other T. 149 N„ R. 84 W„ EMMONS COUNTY applicable forms of appropriation, in Sec. 11, Ei/2SW»4. cluding the mining and mineral leasing T. 150 N„ R. 84 W., T. 135 N., R. 74 W., laws. Sec. 27, N W & SE ^. Sec. 6, Lot 1.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3305
T. 136 N., R. 74 W., Pursuant to agreement of counsel ar et No. 17209, File No. BMP-11646; Has: Sec. 32, sy2Ni4, and Sl/2. rived at during the prehearing confer 1380 kc, 5 kw, DA-N, U, Requests: KIDDER COUNTY ence in the above-styled proceeding held Change night radiation pattern; Great on this date* It is ordered, This 20th day River Broadcasting, Inc., St. Louis, Mo., T. 137 N., R. 71 W., Docket No. 17210, File No. BP-16749; Re Sec. 24, Lot 5. of February 1967, that the hearing in T. 140 N., R. 71 W., this proceeding previously scheduled for quests: 1380 kc, 1 kw, 5 kw-LS, DA-N, U; Sec. 6, SE ^ N E ^, and SE%. March 21, 1967, is continued to April 12, Prudential Broadcasting Co., St. Louis, T. 144 N., R. 71 W., 1967, at 10 a.m., in the offices of the Com Mo., Docket No. 17211, File No. BP- Sec. 28, Lot 3. mission in Washington, D.C. 16752; Requests: 1380 kc, 5 kw, DA-N, T 138 N., R. 72 W., U; Six-Eighty-Eight Broadcasting Co., Sec. 4, NE%, S%NW%, and SW.%; Released: February 21,1967. St. Louis, Mo., Docket No. 17212, File No. Sec. 8, NE14NE14; F ederal Communications BP-16753; Requests: 1380 kc, 5 kw, DA- Sec. 18, Nw Commission, N, U; St. Louis Broadcasting Co., St. T. 140 N., R. 72 W., [seal] Ben F. Waple, Sec. 14, Lots 1 and 2; Louis, Mo., Docket No. 17213, File No. Sec. 22, SE14 NE %, and SE*4. Secretary. BP-16755; Requests: 1380 kc, 5 kw, DA- T. 141 N., R. 72 W., [P.R. Doc. 67-2142; Piled, Feb. 24, 1967; N, U; Victory Broadcasting Co., Inc., St. Sec. 22, L oti. 8:48 a.m.] Louis, Mo., Docket No. 17214, File No. T. 142 N., R. 72 W., BP-16758; Requests: 1380 kc, 5 kw, Sec. 34,NE^SE^. [Docket Nos. 17209-17219; PCC 67M-299] DA-2, U; Home State Broadcasting T. 143 N., R. 72 W., Corp., St. Louis, Mo., Docket No. 17215, Sec. 6, Lot 3. SALTER BROADCASTING CO. (WBEL) File No. BP-16759; Requests: 1380 kc, T. 138 N., R. 73 W., ET AL. Sec. 12, NW^NE^, and SE%SE%; 5 kw, DA-N, U; KWK Broadcasting Sec. i 4,sy 2Ny2. Order Scheduling Hearing Corp., St. Louis, Mo., Docket No. 17216, T. 143 N., R. 74 W., File No. BP-16760; Requests: 1380 kc, Sec. 4, Lots 1 and 2. In re applications of Salter Broadcast 5 kw, DA-N, U; Archway Broadcasting ing Co. (WBEL), South Beloit, 111., Dock LOGAN COUNTY Corp., St. Louis, Mo., Docket No. 17217, et No. 17209, File No. BMP-11646; Great File No. BP-16761; Requests: 1380 kc, 5 T. 136 N., R. 68 W., River Broadcasting, Inc., St. Louis, Mo., kw, DA-N, U; Clermont Broadcasting Sec. 30, NW^NE^4. Docket No. 17210, File No. BP-16749; T. 134 N„ R. 69 W., Co., St. Louis, Mo., Docket No. 17218, File Prudential Broadcasting Co., St. Louis, No. BP-16762; Requests: 1380 kc, 500 w, Sec. 14, NW>/4NWy4, and W%SW&; Mo., Docket No. 17211, File No. BP-16752; Sec. 34, NW^NEii, and NE^NW%. 1 kw-LS, U, Class III-B; Missouri Broad T. 135 N., R. 69 W., Six-Eighty-Eight Broadcasting Co., St. casting, Inc., St. Louis, Mo., Docket No. Sec. 28, Ni/2NEV4; Louis, Mo., Docket No. 17212, File No. 17219, File No. BP-16763; Requests: 1380 Sec. 32, NE%. BP-16753; St. Louis Broadcasting Co., kc, 1 kw, 5 kw-LS, DA-N, Ü; for con T. 136 N., R. 69 W„ St. Louis, Mo., Docket No. 17213, File No. Sec. 8, SW^NE^. BP-16755; Victory Broadcasting Co., struction permits.1 1. The Commission has before it for M'INTOSH COUNTY Inc., St. Louis, Mo., Docket No. 17214, File No. BP-16758; Home State Broad consideration. (á) the above-captioned T. 129 N„ R. 68 W., casting Corp., St. Louis, Mo., Docket No. application of Station WBEL, South Sec. 12, NW14NE14. 17215, File No. BP-16759; KWK Broad Beloit, 111., for improvement in its facili T. 130 N., R. 68 W., ties; (b) the remaining 10 above-cap Sec. 24, Lot 6, SW&NE^, and NW&SE&. casting Corp., St. Louis, Mo., Docket No. T. 132 N., R. 68 W., 17216, File No. BP-16760; Archway tioned applications specifying 1380 kc in Sec. 20, NE^NE^. Broadcasting Corp., St. Louis, Mo., Dock St. Loins, Mo.; (c) “Request that Appli cation not be Accepted for Filing” by STUTSMAN COUNTY et No. 17217, File No. BP-16761; Cler mont Broadcasting Co., St. Louis, Mo., KWK Broadcasting Corp., filed on July 2, T. 138 N., R. 67 W., Docket No. 17218, File No. BP-16762; 1965, objecting to the application sub Sec. 8,NE%NW^. Missouri Broadcasting, Inc., St. Louis, mitted by Clermont Broadcasting Co.; T. 138 N., R. 68 W., (d) “Request that Application not be Sec. 10, SW%SE%. Mo., Docket No. 17219, File No. BP- 16763; for construction permits. Accepted for Filing” by KWK Broad The public lands in the areas described It is ordered, This 20th day of Febru casting Corp., filed on July 2, 1965, ob aggregate approximately 7,914.09 acres. ary 1967, that Charles J. Frederick shall jecting to the application of Great River For a period of 30 days from the date serve as Presiding Officer in the above- Broadcasting, Inc.; (e) “Request that of publication in the Federal R egister, entitled proceeding; that the hearings Application be Returned as unacceptable this classification shall be subject to ex therein shall be convened on April 17, for Filing”, a joint petition filed by Arch ercise of administrative review and modi 1967, at 10 a.m.; and that a prehearing way Broadcasting Corp., Home State fication by the Secretary of the Interior conference shall be held on March 16, Broadcasting Corp., Prudential Broad as provided in 43 CFR 2411.2c. 1967, commencing at 9 a.m.; And, it is casting Co., St. Louis Broadcasting Co., further ordered, That all proceedings and 688 Broadcasting Co. on July 9, 1965, Harold Tysk, shall be held in the offices of the Com objecting to the acceptance of the ap State Director. mission, Washington, D.C. plication of KWK Broadcasting Corp.; (f) a petition to deny filed on December [P.R. Doc. 67-2121; Piled, Peb. 24, 1967; Released: February 21,1967. 8:46 a.m.] 29, 1965, by Roy H. Park Broadcasting of F ederal Communications Virginia, Inc., licensee of Station WTVR, Commission, Richmond, Va.; (g) a petition to deny [seal] Ben F. Waple, and a related pleading filed on May 9, FEDERAL COMMUNICATIONS Secretary. 1966, and May 13, 1966, respectively, by [P.R. Doc. 67-2143; Piled, Feb. 24, 1967; WKJG, Inc., licensee of Station WKJG, 8:48 a.m.] Fort Wayne, Ind.; (h) a letter dated Au COMMISSION gust 2, 1965, from Prairie Radio Corp., [Docket No. 14817; PCC 67M-300] licensee of Station WPRC, Lincoln, 111., [Docket Nos. 17209-17219; PCC 67-225] objecting to a grant of any application RADIO STATION KQXI (KQXI) SALTER BROADCASTING CO. (W BELr “for 1380 kc, in St. Louis, Mo.; (i) a peti ET AL. tion filed on July 1, 1965, by “The St. Order Continuing Hearing Memorandum Opinion and Order xIn the body of the opinion, the applica In re application of Frances C. Gaguine Designating Applications for Con tions wiU hereafter be referred to as WBEL, & Bernice Schwartz doing business as solidated Hearing on Stated Issues Great River, Prudential, 688 Broadcasting, Radio Station KQXI (KQXI), Arvada, St. Louis Broadcasting, Victory, Home State, Colo., Docket No. 14817, File No. BMP- In re applications of Salter Broadcast KWK Broadcasting, Archway, Clermont, and 9769; for construction permit. ing Co. (WBEL), South Beloit, 111., Dock Missouri, respectively.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 75, 1967 3306 NOTICES
Louis Local, American Federation of about 300 yards away) was contra to the (a) Where the Commission has denied an Television and Radio Artists, AFL-CIO”; “thrust of §§ 1.516, 1.518, 1.519, and application for a new station or for any modi (j) a petition filed by “Local No. 4, Inter 1.520 barring the simultaneous prosecu fication of services or facilities, or dismissed such application with prejudice, no like ap national Brotherhood of Electrical tion of multiple or inconsistent applica plication involving service of the same kind Workers, AFL-CIO”; and (k) various tions. By letter received July 12, 1965, to substantially the same area, by substan pleadings in opposition and reply to the Clermont stated that it wished to amend tially the same applicant, or his successor or above-described pleadings. its application by deleting all reference assignee, or on behalf or for the benefit of 2. A review of the events leading to to the two sites originally proposed and the original parties in interest, may be filed this stage of the proceeding appears in designating the site (at the KCFM tower) within 12 months from the effective date of order. The license for Station KWK, specified originally in its application for the Commission’s action * * * held by KWK Radio, Inc., was revoked interim authority, while at the same time 8. The petitioners contend that § 1.519 by Commission decision, released May 29, incorporating by reference any engi (a) is applicable to the présent KWK 1963, 34 FCC 1039, 25 RR 577, because of neering data pertaining to the KCFM Broadcasting proposal, in that (a) the matters arising from a fraudulent radio site set out in the application for interim Commission, within 1 year of the filing of contest conducted by KWK. Reconsid authority. Previously, by letter dated the KWK Broadcasting application, de eration was denied by order released June 17, 1965, Clermont had submitted nied or dismissed with prejudice the ap November 1, 1963, 35 FCC 561, 1 RR 2d programing data which it claimed had plications (i.e., the renewal application, 457. This decision was subsequently been inadvertently omitted. BR-636, and a modification of license ta affirmed by the U.S. Court of Appeals.2 4. The Commission finds that although site change] application, BP-15834) of The Supreme Court denied certiorari on the amendment was untimely, it does KWK Radio, Inc., the former licensee of March I, 1965.3 On April 1, 1965, the make it clear that Clermont intends to Station KWK; (b) KWK Broadcasting Commission issued a Public Notice (FCC prosecute its proposal on a one-site proposes to serve substantially the same 65-260) inviting applications for the basis.8 With respect to the programing area as the KWK renewal and modifica frequency. The notice also invited ap information, we will accept Clermont’s tion applications; and (c) KWK Broad plications for interim authority to oper statement that its omission was inad casting is “substantially the same appli ate the facilities. After oral argument vertent. Since in both instances the late cant” as Radio KWK, Inc., because it is the Review Board, on September 14,1965, filings have not delayed this proceeding controlled by the same parties who con denied all seven applications for interim or resulted in undue administrative con trolled Radio KWK, Inc., when the lat authority.4 On December 22, 1965, the venience, we will accept the Clermont ter’s license was revoked and the renewal Commission reversed the Review Board application for filing. and modification applications dismissed. and granted the application (BPI-11) of 5. In opposing acceptance of the Great The petitioners further contend that, Radio Thirteen-Eighty, Inc.,5 a joint River application, KWK Broadcasting apart from the requirements of § 1.519 “open-ended” proposal participated in alleges that Great River also proposed (a) barring repetitious applications, the by seven of the applicants for perma operation from alternative sites contra serious nature of a revocation calls for nent authority. This action was affirmed to the “thrust” of §§ 1.516, 1.518, 1.519, rejection of the KWK Broadcasting ap by the U.S. Court of Appeals on July 27, and 1.520. In addition, KWK Broad plication as a matter of good admin 1966.® In the meantime, the Commis casting claims that, from its alternative istrative practice. sion, by memorandum opinion and order site, Great River’s operation would cause 9. In opposition, KWK Broadcasting adopted November 17,1965,T accepted for additional interference to several existing denies that it is controlled by the same filing (without prejudice to the Commis stations, namely, Stations WPRC, Lin parties who controlled KWK Radio, Inc., sion’s right to consider the merits of the coln, 111., KCIL, Washington, Iowa, and and argues that § 1.519(a) is inappli petitions against them at a later date) WWCM, Brazil, Ind. cable to either a license revocation or 14 applications for permanent authority. 6. The Commission finds that none of the dismissal of a renewal or modifica Since that date three applicants, Bi- the above-cited rules bar acceptance of tion application, pointing out that the State Radio, Inc., Gateway Broadcasting the Great River proposal under the cir renewal and modification applications Co., and Pike-Mo Broadcasting Co., have cumstances presented here. The only were dismissed as moot on April 6, 1965, dismissed their applications. site specified in the proposal was the following revocation of KWK’s license. 3. We will first deal with the three pe former KWK location. The second site KWK Broadcasting claims that none of titions directed against the acceptance was described not as a present alterna its principals were affiliated with KWK for filing of three applications. KWK tive, but rather as a site which would Radio, Inc., at the time of the events Broadcasting has opposed the acceptance be available in the event that Great which resulted in revocation and that of the Clermont and Great River appli River, after obtaining a grant, was un they are not forever barred from becom cations. In objecting to the acceptance able to consummate a purchase. Thus, ing licensees. In this regard, KWK of Clermont’s proposal, KWK Broad the designation of a second site, in this Broadcasting points out that those prin casting asserts that it has failed to com instance, was merely surplusage and in cipals who control KWK Radio, Inc., also ply with the Commission’s Public Notice no way constituted an inconsistent or control its (KWK Radio’s) parent, Mil (FCC 65-260, released Apr. 1, 1965) re multiple engineering proposal. As far as waukee Broadcasting Co., the licensee of quiring the submission of complete ap the alleged additional interference is con Stations WEMP and WEMP-FM, and plications. According to KWK Broad cerned, we need not explore the matter, that the Commission found that they casting, Clermont failed to include cer because the allegation is relevant only to were qualified to own and operate broad tain engineering and programing data the second site. For these reasons, we cast stations when the licenses of WEMP prior to the May 31, 1965 deadline. will deny the KWK Broadcasting peti (AM and FM) were renewed on Novem KWK Broadcasting also asserts that tion. ber 24,1964, a year after the Commission Clermont’s inclusion of an alternative 7. In their joint petition, Archway, denied reconsideration of its revocation transmitter-antenna site (one was the Home State, Prudential, St. Louis Broad order. In conclusion, although main old KWK site, the “alternative” site was casting, and 688 Broadcasting ask that taining its position that § 1.519(a) is not the KWK Broadcasting application be applicable, KWK Broadcasting requests 2 KWK Radio, Inc., v. Federal Communica a waiver of the rule. tions Commission, 119 U.S. App. D.C., 144, 337 returned as unacceptable for filing. The F. 2d 540 (1964), 2 RR 2d 2071. petitioners allege that the KWK Broad 10. Assuming arguendo that KWK Ra 3 Ibid, 380 U.S. 910 (1965). casting proposal is violative of § 1.519(a) dio, Inc. and KWK Broadcasting are 4 Pike-Mo Broadcasting Co. et al., 1 FCC of the rules. That section, in pertinent “substantially the same applicant” or 2d 790, 6 RR 2d 69. part, reads as follows: that the KWK Broadcasting application 5 Pike-Mo Broadcasting Co. et al., 2 FCC was filed “on behalf or for the benefit of 2d 207, 6 RR 2d 581. the original parties” in KWK Radio, Inc., 6 Sub nom. Beloit Broadcasters, Inc. v. Fed 13 Clermont’s specification of more than onethe questions raised are: eral Communications Commission, 365 F. 2d site was doubtlessly occasioned by the fact 962, 7 RR 2d 2155. that there was no certainty that an agree (a) Was dismissal of the KWK re 7 Archway Broadcasting Corp. et al., 1 FCC ment for sale of the KWK site could be newal tantamount to denial or dismis 2d 1362. reached with the former licensee. sal of an application for a new station?
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3307
(b) Did dismissal of the KWK modi tions will not be required to accept any tical both as to substance and form. fication application for a site change act more interference from the new St. Louis They allege that the union member em as a bar to the present application of proposals than they were required to ployees will suffer “tangible, substantial, KWK Broadcasting? accept from the formerly authorized and particular injury” if the Commission (c) Assuming that § 1.519(a) is ap operation of KWK,12 we believe that they grants a new license on Station KWK’s plicable, should a waiver be granted? cannot be heard to complain that their frequency without obtaining assurances licenses would be modified. We reached from the successful applicant that it will The Commission finds the answer to all the same conclusion recently in Lorain recognize the labor union petitioners, three questions to be in the affirmative. Community Broadcasting Co.1* finding positions as the collective bargaining The rule was adopted to aid the Commis that the Beloit14 case stood for the prop agents. In view of the claimed potential sion in achieving sound administrative osition that “a licensee whose operation injury, the unions request that they be process by barring applicants from con previously received interference from a permitted to intervene as parties. The tinuously relitigating matters already de now defunct station is not entitled to a petitioners rely on Gordon Broadcasting cided. This end could be too easily cir hearing as a matter of law under section of San Francisco, Inc., FCC 62-115, 22 cumvented if a party, whose renewal or 316 * * * where a new applicant seeks RR 236 (1962). To the extent that the modification application had been dis authority, to restore the preexisting labor unions request intervention as par missed or whose license had been re broadcast service.” We can find no rea ties respondent, the petitions are granted. voked, was free to refile immediately for son to rule otherwise in this instance. To the extent that the unions request substantially the same facilities. For To do so would force the Commission to protection of their status as the “collec this reason we find that rule is appli reexamine old interference matters long tive bargaining” agents, the requests will cable.9 See Central Connecticut Broad since decided solely because we revoked be dismissed for lack of jurisdiction. casting Co., 4 FCC 2d 650 and Lorain the KWK license—a decision which 15. Having examined the above appli Community Broadcasting Co., FCC 66- turned on matters totally unrelated to cations, we find that the following de 837, adopted September 21, 1966, 5 FCC technical or frequency allocation con ficiencies must be explored in the forth 2d 55, 8 RR 2d 769. The dismissal on siderations. coming hearing. With respect to the April 6, 1965, of the renewal and modifi 13. As a result of our dismissal of the WBEL proposal (BMP-11646) we find cation applications of KWK Radio, Inc. petitions, those petitioners, as well as all that: was a direct consequence of the revoca other stations whose licenses required (a) WBEL has not submitted any data tion. However, the principals of KWK regarding the -population residing within Broadcasting10 who controlled KWK them to accept interference from KWK, Radio, Inc., when the license was revoked will be required to accept similar inter the 1,000 mv/m contour. were not affiliated with KWK at the time ference if an applicant for St. Louis pre (b) The parameters of the proposed of the events which led to the revocation. vails. In so ruling, however, we wish to directional antenna system do not accu Although the rule was primarily intended emphasize the fact that we are not here rately depict the proposed radiation to be an administrative rather than a deciding that those applicants seeking pattern. punitive device, we nonetheless find that to reestablish KWK’s operation are en (c) WBEL has not submitted interfer under the present circumstances a waiver titled, by virtue thereof, to any 307(b) ence data regarding the proposed night advantages. The question before the time operation of its station. Due to is warranted. Accordingly, a waiver will Commission is still whether the fre be granted and the petitions directed conflicting data, it has not been deter quency, 1380 kc, should be used in St. mined whether the proposed operation against the application denied. Louis, South Beloit, or not at all.15 11. Petitions by Stations WTVR and would enter into the nighttime RSS lim WKJG and a letter objection by Station 14. On July 1,1965, a petition was filed itation of Stations KLIZ, Brainerd, WPRC have been filed requesting that by the St. Louis Local, American Federa Minn., KOTA, Rapid City, S. Dak., the St. Louis applications be designated tion of Television and Radio Artists, KUDL, Fairway, Kans., and WKJG, Fort for hearing on interference issues and AFL-CIO (AFTRA) and on September Wayne, Ind. Therefore, an interference that they be made parties to the pro 15, 1965, a petition was filed by Local issue is specified and the licensees of the ceeding. The petitioners allege that their Union No. 4, International Brotherhood aforementioned stations will be made respective operations would receive ob of Electrical Workers, AFL-CIO (IBEW). parties to this proceeding. jectionable interference from all of the Both labor union petitioners aver that (d) WBEL has not demonstrated that St. Louis proposals and that this inter they had collective bargaining agree adequate nighttime protection would be ference would operate as a modification ments with KWK Radio, Inc., the opera afforded Canadian Station CKPC, Brant of license within the meaning of section tor of Station KWK during the period of ford, Ontario. Therefore, an issue will 316 of the Act and FCC v. National the revocation proceeding. The peti be included to determine if the proposed Broadcasting Co., Inc. (KOA) .n tions, with minor differences, are iden- operation will afford adequate nighttime 12. The above requests will be dis protection to CKPC, and, if not, if it missed for lack of standing. Former 12 Actually, WKJG and WTVR complain would be in violation of the North Amer that all of the St. Louis proposals (if they ican Regional Broadcasting Agreement Station KWK was originally licensed in were to operate with full theoretical values 1927. It was first assigned the 1380 kilo of radiation) would impose greater night (NARBA). cycle frequency in 1941. At that time, time limitations than KWK did because With respect to the Clermont proposal the authorized power was 5 kilowatts KWK emitted less radiation than authorized. (BP-16762) we find that: day and 1 kilowatt at night. In 1948, However, WKJG and WTVR have failed to (a) The proposed operation cannot be KWK was permitted to operate with 5 recognize that the directional radiation pat expected to provide satisfactory service, kilowatts, both day and night. Prior to tern previously authorized for use by KWK incorporates maximum expected operating either day or night, to the city of St. the revocation of its license, this opera values of radiation in directions towards Louis. Based on conductivities from Fig tion involved interference,\either day or WKJG and WTVR which are essentially the ure M-3, the daytime 25 mv/m contour night, with approximately 20 other sta same as proposed by the St. Louis applicants would not encompass the primary busi tions. All of these stations were licensed herein. Since the Commission once approved ness area and the nighttime 25 mv/m or renewed subject to the limitations im these values of radiations towards other sta contour would not encompass any of the posed by the KWK authorization and the tions on the channel, it is reasonable and primary business area. limitations became part of the implied equitable to use these same values of radia terms of their licenses. Since these sta- tion for any operation which may be author (b) The theoretical vertical radiation ized for the deleted KWK facilities. Conse pattern submitted by the applicant does quently, it must be concluded that WKJG not appear to be in agreement with that 9 Assuming, -of course, that KWK Radio, and WTVR will not be subjected to any which would be determined from calcu Jic. and KWK Broadcasting are under com greater interference than obtained from the mon control. previously authorized operation of KWK. lations based on the antenna tower 10 Messrs. Arthur M. Wirtz and James E. 13 FCC 66-839, adopted Sept. 21, 1966, 8 height proposed. In addition, it is pro coston, directors and 25 and 23 percent RR 2d 985. posed to shunt excit (unipole) the pro stockholders, respectively, of KWK Broad 14 Note 6, supra. posed antenna tower but no information casting. ® Pike-Mo Broadcasting Co. et al., 2 FCC has been submited regarding the place “ 319U.S. 239 (1943). 207, at 209. ment or number of wires to be utilized in
No. 38- FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1-967 3308 NOTICES the unipole system. As a result, appli tions must show that they have sufficient tial operating expenses. Also, E. Ken cant has failed to establish what effect, funds available to construct the proposed neth Nealy has not demonstrated assets if any, the proposed method of excitation station and to operate it for 1 year. available to meet his commitment of would have on the horizontal and vertical Where advertising revenues are needed $7,000. plane radiation patterns. to meet operating expenses, applicants (d) Missouri Broadcasting, Inc. Mis With respect to the Great River, Vic are required to support their estimate of souri estimates construction costs of tory, and Missouri applications, we find those revenues.“ In the present case, $824,197 and 3 months operating ex that: however, we are faced with a situation penses to be $137,500 requiring assets or (a) The antenna tower heights andin which all but one of the applicants commitments in the amount of $1,061,697 locations have not received clearance seek to replace a station that has an to be financially qualified. Missouri will from the Federal Aviation Agency. Ac established record of advertising reve have stock and stock purchase commit cordingly, an issue to determine whether nues stretching over a long period of ments of $495,000 and a bank loan com the proposed towers would constitute a time. For this reason, we do not find it mitment of $530,000, totaling only menace to air navigation will be included necessary to hold the St. Louis applicants $1,025,000. Therefore, an additional and the Federal Aviation Agency named strictly accountable under the Ultra $36,697 ($1,061,697—$1,025,000) is needed a party to the proceeding. vision test.17 Instead, we will revert to to cover construction costs and initial 16. We also note that the bylaws of our former standard which required an operating expenses. Victory Broadcasting Co., Inc. were filed applicant to show that he had sufficient 20. Except as indicated by the issues under the certification of Victory’s secre funds to construct the station and oper specified below, the applicants are quali tary, Dr. Wendell Cox, but it was signed ate it for 3 months without revenues. fied to construct, own and operate as by Dr. Haley Bell, a vice president of Under this standard, we find all appli proposed. However, since the applica the corporation. This matter should be cants financially qualified except those tions are mutually exclusive, they must corrected by an amendment to the ap listed below: be designated for hearing in a consoli plication. (a) Great River Broadcasting, Inc. dated proceeding on the issues specified 17. Certain parties in several applica Based on Great River’s financial pro below: posal, costs of construction ($824,245) Accordingly, it is ordered, That pur tions have ownership interests in or are suant to section 309(e) of the Com employed by other standard broadcast and estimated 3 months operating ex pense ($150,000) amount to $974,245. To munications Act of 1934, as amended, stations. In cases where overlap of the applications are designated for hear service areas exists, divestiture and/or defray these proposed expenditures, Great River has paid-in capital of $50,- ing in a consolidated proceeding, at a severance conditions have been specified time and place to be specified in a sub . in the event of a grant. 000, debentures purchased by stockhold ers in the amount of $150,000 and a bank sequent order, upon the following issues: 18. With respect to the financial por 1. To determine the areas and popu tions of the above proposals, we note loan of $400,000, which total $600,000. In addition, Great River claims deferred lations which would receive primary that five of the St. Louis applicants service from the St. Louis proposals, and (Prudential, 688 Broadcasting, St. Louis credit of $490,000. However, this credit has not been documented. Therefore, the availability of other primary service Broadcasting, Home State, and Archway, to such areas and populations. the stockholder participants in Radio Great River has a deficiency of $374,245 Thirteen-Eighty, Inc., the interim oper ($974,245—$600,000), based on the esti 2. To determine the areas and popu ator) specify the site presently utilized mated cost of construction and cost of lations which may be expected to gain by RTEI. One applicant, KWK Broad operation for the first 3 months. or lose primary service from the proposed casting, proposes to use the site and fa (b) Six Eighty-Eight Broadcasting Co. operation of Station WBEL, and the cilities formerly occupied by KWK Radio, 688 Broadcasting estimates that con availability of other primary service to Inc., while the other four (Great River, struction costs ($281,600) and 3 months such areas and populations. Victory, Clermont, and Missouri) specify operating expenses ($125,000) will total 3. To determine whether the proposal new sites. The five applicants specify $406,600. 688 is allowed credit for cash of Station WBEL is in compliance with ing the RTEI site have an agreement on hand of $1,000 and deferred credit of § 73.24(g) of the Commission’s rules con among themselves filed in Docket No. $72,450. The applicant’s financial show cerning population within the 1,000 16097 to: ing includes a $299,000 stock purchase mv/m contour, and, if not, whether cir cumstances exist which .would warrant * * * purchase from Radio Thirteen-Eighty, commitment; however, the commitment Inc. all the assets used and useful in the is not backed by sufficient liquid assets. a waiver of said section. interim operation at the book value of such Thus, the commitment will not be ac 4. To determine whether the proposed assets, excluding goodwill if any, and in addi corded credit. Additionally, 688 offers directional antenna parameters accu tion will assume and accept the assignment a bank loan commitment letter purport rately depict the proposed radiation pat of all outstanding liabilities contracts, leases, ing to make available funds of up to tern of Station WBEL. and obligations of any nature whatsoever of $1 million. This letter, however, is in Radio Thirteen-Eighty, Inc. Book value as 5. To determine whether the proposal used herein shall mean the cost of the assets complete in that it does not contain of Station WBEL would cause objection less depreciation * * * ternas of repayment or security for the able nighttime interference to Stations loan) Thus, the applicant will be given KLIZ, Brainerd, Minn., KOTA, Rapid The Commission, however, in its decision credit for only $73,450, leaving a defi City, S. Dak., KUDL, Fairway, Kans., and granting the interim operation expressly ciency of $333,150 ($406,600—$73,450). WKJG, Fort Wayne, Ind., or any other conditioned the grant so as not to re (c) Victory Broadcasting Co., Inc. existing standard broadcast stations and quire the successful grantee to purchase Victory estimates the cost of construction if so, the nature and extent thereof, the the interim facilities. In view of this to be $158,300. Added operating ex areas and populations affected thereby condition, the Commission believes that penses for the 3 months of $50,000 will and the availability of other primary each applicant participating in the RTEI total $208,300. Victory claims to have service to such areas and populations. interim operation should indicate specif funds available from stock purchase com ically (if it has not already done so) 6. To determine whether the proposal whether or not it intends, if successful, mitments of $100,000 and deferred credit of Station WBEL will afford adequate of $35,884 (no supporting data has been nighttime protection to Canadian Sta to avail itself of the option to purchase submitted as to the deferred credit) and the facilities presently in use. In the tion CKPC, Brantford, Ontario, and, if a bank loaii of $60,000. Victory is short not, whether it would be in contraven event they intend to exercise such right, of demonstrated funds available in the applications should be updated through tion of the North American Regional amendment to reflect such acquisition amount of $48,300 ($208,300—$160,000) Broadcasting Agreement. costs. The Hearing Examiner will be to defray costs of construction and ini- 7. To determine whether the proposal authorized to accept such amendments of Clermont Broadcasting Co. would without the usual “good cause” showing 16 Ultravision Broadcasting Co., FCC 65— provide coverage day or night to the city requirements of § 1.522(b) of the rules. 581, 5 RR 2d 348. sought to be served, as—required by 19. Ordinarily, in order to be finan 17 Nor will we apply the Ultravision criteria § 73.188(b) (1) of the Commission’s rules, cially qualified, applicants for new sta to the WBEL proposal. and, if not, whether circumstances exist
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3309 which would warrant a waiver of said considerations relating to section 307(b) ing conference or such further time as section. which of the operations proposed in the the Examiner shall allow, amend its ap 8. To determine whether the vertical above-captioned applications would best plication to correct the certificate sup radiation pattern proposed by Clermont serve the public interest. porting the bylaws; and the Examiner is Broadcasting Co. Is in agreement with 17. To determine, in the light of thehereby authorized to accept the amend that which would be determined for an evidence adduced pursuant to the fore ment permitted by this order without antenna tower of the height proposed. going issues, which, if any, of the appli requiring compliance with § 1.522(b) of 9. To determine what effect, if any, cations should be granted. the Commission’s rules. the method of antenna tower excitation It is further ordered, That the followr It is further ordered, That, in the event proposed by Clermont Broadcasting Co. ing licensees are made parties to the of a grant of the application of Clermont would have on the proposed horizontal proceeding with respect to the applica Broadcasting Co., the construction per and vertical plane radiation patterns. tion of Station WBEL : mit shall contain the following condi 10. To determine whether there is a (a) Brainerd Broadcasting Co., Sta tion: reasonable possibility that the tower tion KLIZ, Brainerd, Minn. Before program tests are authorized, per height and location proposed by Great (b) Duhamel Broadcasting Enter mittee shall submit sufficient field intensity River Broadcasting, Inc., Victory Broad prices, S ta tio n KOTA, Rapid City, measurement data to establish that the day casting Co., Inc., and Missouri Broad S. Dak. and night radiation has been adjusted to 184 casting, Inc., would constitute a menace (c) KUDL Co., a joint venture, Station mv/m and 130 mv/m, respectively, as pro to air navigation. KUDL, Fairway, Kans. posed. 11. To determine, with respect to the (d) WKJG, Inc., Station WKJG, Fort It is further ordered, That, in the event application of Great River Broadcasting, Wayne, Ind. of a grant of any of the applications, the Inc.: It is further ordered, That the Federal construction permit shall contain the (a) Whether the deferred credit of Aviation Agency is made a party to the following condition: $490,000 is available to the applicant. proceeding. Pending a final decision in Docket No. (b) Whether, in the light of the evi It is further ordered, That the plead 14419 with respect to presunrise operation dence adduced pursuant to the above ings filed by various parties against the with daytime facilities, the present provisions subissue, the applicant is financially acceptance of the applications of Great of § 73.87 of the Commission’s rules are not qualified. River Broadcasting, Inc., KWK Broad extended to this authorization, and such op 12. To determine, with respect to the casting Corp., and Clermont Broadcast eration is precluded. application of Six-Eighty-Eight Broad ing Co. are hereby denied. It is further ordered, That, in the casting Co.: It is further ordered, That the requests event of a grant of the application of (a) The amount, terms, and condi of Roy H. Park Broadcasting of Virginia, Clermont Broadcasting Co., the con tions upon which a loan will be available Inc., Prairie Radio Corp., and WKJG, struction permit shall contain a condi from Tower Grove Bank and Trust Co., Inc., are hereby dismissed. ( tion that program tests will not be St. Louis, Mo., and whether such terms It is further ordered, That the request authorized until the permittee has sub and conditions can be met by the ap for waiver of § 1.519 of the rules filed by mitted satisfactory evidence that Gor plicant. KWK Broadcasting Corp., is granted. don Bruce Hayward has severed all con (b) Whether, in the light of the evi It is further ordered, That the peti nections with The Pulitzer Publishing dence adduced pursuant to the above tions filed by St. Louis Local, American Co., the licensee of Station KSD, St. subissue, the applicant is financially Federation of Television and Radio Art Louis, Mo. qualified. ists, AFL-CIO, and by Local Union No. It is further ordered, That, in the event 13. To determine, with respect to the 4, International Brotherhood of Electri of a grant of the application of Archway application of Victory Broadcasting Co., cal Workers, AFL-CIO, are granted to Broadcasting Corp., the construction Inc.: the extent that they are made parties to permit shall contain a condition that (a) Whether the deferred credit of the proceeding, and their requests that program tests will not be authorized $35,884 is available to the applicant. there be assurance that Station KWK’s until the permittee has submitted satis (b) Whether E. Kenneth Nealy has successor recognize them as the collective factory evidence that Alvin W. Pistorius sufficient cash and/or liquid assets to bargaining agents is dismissed. has divested himself of all interest in and meet his $7,000 commitment. It is further ordered, That the infor has severed all connection with WTAX, (c) Assuming that all the funds upon mation by Great River Broadcasting, Inc., the licensee of Station WTAX, which the applicant relies, will be avail Inc., Missouri Broadcasting, Inc., Cler Springfield, I1L able to it, how the applicant will obtain mont Broadcasting Co., and Victory It is further ordered, That, in the sufficient additional funds to construct Broadcasting Co., Inc., that is contained event of a grant of the application of and operate the proposed station for 3 in Docket Nos. 16095, 16096, 16099, and Prudential Broadcasting Co., the con months. 16100, respectively, which is applicable struction permit shall contain a condi (d) Whether, in the light of the evi to and necessary for consideration of tion that program tests will not be dence adduced pursuant to the above their respective applications for con authorized until the permittee has sub subissues, the applicant is financially struction permits (BP-16749, BP-16763, mitted satisfactory evidence that Wil qualified. BP-16758, and BP-16762) in this pro liam C. O’Donnell and Charles O. Rick 14. To determine, with respect to ceeding is consolidated into docket num have severed all connections with any the application of Missouri Broadcasting, bers assigned to the respective applica affiliates of the Columbia Broadcasting Inc.: tions by this order. System, Inc., licensee of Station KMOX, (a) The manner in which the appli It is further ordered, That Prudential St. Louis, Mo., and KXOK Radio, Inc., cant will obtain additional funds to Broadcasting Co., Six-Eighty-Eight licensee of Station KXOK, St. Louis, Mo., construct and operate the proposed sta Broadcasting Co., St. Louis Broadcast respectively. tion for 3 months. ing Co., and Archway Broadcasting It is further ordered, That, to avail (b) Whether, in the light of the evi Corp. shall, on or before the date speci themselves of the opportunity to be dence adduced pursuant to the «above fied for the prehearing conference or heard, the applicants and parties re subissue, the applicant is financially such further time as the Examiner shall spondent herein, pursuant to § 1.221(c) qualified. allow, amend their respective proposals of the Commission’s rules, in person or 15. To determine, in the light of sec to reflect the financial information out by attorney, shall, within 20 days of the tion 307(b) of the Communications Act lined above and the Examiner is hereby mailing of this order, file with the Com of 1934, as amended, which of the pro authorized to accept the amendment mission in triplicate, a written appear posals would best provide a fair, efficient, permitted by this order without requir ance stating an intention to appear on and equitable distribution of radio serv ing compliance with § 1.522(b) of the the date fixed for the hearing and pre ice. rules. sent evidence on the issues specified in 16. To determine, in the event it is con It is further ordered, That Victory this order. cluded that a choice between the appli Broadcasting Co., Inc., shall, on or be It is further ordered, That the appli cations should not be based solely on fore the date specified for the prehear cants herein shall, pursuant to section
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3310 NOTICES 311(a) (2) of the Communications Act of Dated: February 21,1967. An agreement has been filed with the 1934, as amended, and § 1.594 of the By order of the Federal Maritime Board, pursuant to section 412(a) of the Commission’s rules, give notice of the Federal Aviation Act of 1958- (the Act) Commission. and Part 261 of the Board’s Economic hearing, either individually or, if feasible Thomas Lisi, and consistent with the rules, jointly, Secretary. Regulations, between various air carriers, within the time and in the manner pre foreign air carriers, and other carriers, scribed in such rule, and shall advise the [P.R. Doc. 67-2149; Piled, Peb. 24, 1967; embodied in the resolutions of Traffic Commission of the publication of such 8:48 a.m.] Conference 1 of the International Air notice as required by § 1.594(g) of the Transport Association (IATA), and rules. TRANS-ATLANTIC PASSENGER adopted pursuant to the provisions of STEAMSHIP CONFERENCE Resolution 590 dealing with specific com Adopted: February 15,1967. modity rates. Released: February21,1967. Notice of Agreement Filed for The agreement, adopted pursuant to Approval unprotested notices to the carriers and F ederal Communications promulgated in an IATA letter dated Commission,18 Notice is hereby given that the fol January 19, 1967,1 names a rate under [seal] B en F. Waple, lowing agreement has been filed with the an existing commodity description as Secretary. Commission for approval pursuant to section 15 of the Shipping Act, 1916, as set forth below. The new rate reflects [F.R. Doc. 67-2144; Piled, Peb. 24, 1967; amended (39 Stat. 733, 75 Stat. 763, 46 a reduction of 44.4 percent and is con 8:48 a.m.] U.S.C. 814). sistent with the present level of specific Interested parties may inspect and ob commodity rates within the applicable tain a copy of the agreement at the area. Washington office of the Federal Mari Commodity Item 0006—Foodstuffs, Spices FEDERAL MARITIME COMMISSION time Commission, 1321 H Street NW., and Beverages, N.E.S. 25 cents per kg., Room 609; or may inspect agreements at minimum weight 500 kgs. Bogota to New CENTRAL GULF STEAMSHIP CORP. the offices of the District Managers, New York. AND GENERAL MARITIME CORP. York, N.Y., New Orleans, La., and San The Board, acting pursuant to sections Francisco, Calif. Comments with refer 102, 204(a), and 412 of the Act, does not Notice of Agreement Filed for ence to an agreement including a request find the subject agreement to be adverse Approval for hearing, if desired, may be submitted to the public interest or in violation of Notice is hereby given that the fol to the Secretary, Federal Maritime Com the Act, provided that approval thereof lowing agreement has been filed with the mission, Washington, D.C. 20573, within is conditioned as hereinafter ordered. Commission for approval pursuant to 20 days after publication of this notice Accordingly, it is ordered: section 15 of the Shipping Act, 1916, as in the F ederal R egister. A copy of any That Agreement CAB 19054, R-17, be amended (39 Stat. 733, 75 Stat. 763, 46 such statement should also be forwarded approved: Provided, That approval shall U.S.C.814). to the party filing the agreement (as in not constitute approval of the specific dicated hereinafter) and the comments commodity description contained there Interested parties may inspect and ob should indicate that this has been done. in for purposes of tariff publication. tain a copy of the agreement at the Notice of agreement filed for approval Any air carrier party to the agreement, Washington office of the Federal Mari by: or any interested person, may, within 15 time Commission, 1321 H Street NW., Mr. D. I. Knowles, Chairman/Secretary, days from the date of service of this Room 609; or may inspect agreements order, submit statements in writing con at the offices of the District Managers, Trans-Atlantic Passenger Steamship Con ference, 17 Battery Place, New York, N.Y. taining reasons deemed appropriate, to New York, N.Y., New Orleans, La., and 10004. gether with supporting data, in support San Francisco, Calif. Comments with of or in opposition to the Board’s action reference to an agreement including a Agreement 120-86, between the mem herein. An original and 19 copies of the request for hearing, if desired, may be bers of the Trans-Atlantic Steamship statements should be filed with the submitted to the Secretary, Federal Conference, modifies the basic agreement Board’s Docket Section. The Board Maritime Commission, Washington, D.C. (1) to conform to the requirements of may, upon consideration of any such 20573, within 20 days after publication General Order 9, (2) to provide fpr a statements filed, modify, or rescind its of this notice in the Federal R egister. new format for Article C thereof, and (3) action herein by subsequent order. A copy of any such statement should also to establish a new category of member be forwarded to the party filing the ship, namely, Allied Membership. Such This order will be published in the agreement (as indicated hereinafter) members within any calendar year must F ederal R egister. and the comments should indicate that operate one or more sailings (but an in By the Civil Aeronautics Board. this has been done. sufficient number to qualify as a Mem Notice of agreement filed for approval ber Line) of a ship or ships whose normal [seal] H arold R. Sanderson, by; passenger capacity is more than twelve. Secretary. Dated: February 21,1967. [P.R. Doc. 67-2139; Piled, Peb. 24, 1967; Mr. Ronald A. Capone, Kirlin, Campbell and 8:47 ajn.] Keating, The Farragut Building, 900 17th By order of the Federal Maritime Street NW., Washington, D.C. 20006. Commission. Agreement 9620, between Central Gulf Thomas Lisi, Steamship Corp. and General Maritime Secretary. DEPARTMENT OF HEALTH, EDUCA Corp. provides for the establishment of a [F.R. Doc. 67-2150; Piled, Peb. 24, 1967; joint service—rate making arrangement 8:49 a.m.] TION, AND WELFARE to operate in the trade between the Great Food and Drug Administration Lakes, Atlantic, Gulf and West Coast ports of the United States and ports in E. I. DU PONT DE NEMOURS & CO., the Mediterranean, Red Sea, Persian CIVIL AERONAUTICS BOARD INC. Gulf, India, Pakistan, Ceylon, Burma, [Docket No. 16236; Order No. E-24769] and the Far East including South East INTERNATIONAL AIR TRANSPORT Notice of Filing of Petition for Food Asia, Australia, Hong Kong, Formosa, Additives Adhesives Korea, and Japan, in accordance with ASSOCIATION the terms and conditions set forth Order Regarding Specific Pursuant to the provisions of the Fed therein. eral Food, Drug, and Cosmetic Act (sec. Commodity Rate 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 18 Commissioner Bartley’s concurring state Adopted by the Civil Aeronautics (b) (5)), notice is given that a petition ment filed as part of the original document; Board at its office in Washington, D.C., Commissioner Wadsworth absent. on the 20th day of February 1967. 1 Received in the Board Jan. 23, 1967.
FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3311
(PAP 7B2145) has been filed by E. I. du 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), Pont de Nemours & Co., Inc., Wilmington, the following notice is issued: FEDERAL POWER COMMISSION Del. 19898, proposing an amendment to In accordance with § 121.52 With [Docket Nos. RI67-297 etc.] § 121.2520 Adhesives to provide for the drawal of petitions without prejudice of safe use of olefin-modified polyvinyl al the procedural food additive regulations AMERADA PETROLEUM CORP. ET AL. cohol as a component of food-packaging (21 CFR 121.52), The S. E. Massengill adhesives. Co., Bristol, Tenn. 37620, has withdrawn Order Permitting Rate Filing, Providing Dated: February 16,1967. its petition (FAP 5D1588), notice of for Hearings on and Suspension of which was published in the F ederal Proposed Changes in Rates 1 J. K. K irk, R egister of December 24, 1964 (29 F.R. Associate Commissioner 18397), proposing an amendment to F ebruary 15, 1967. for Compliance. § 121.249 of the food additive regulations The above-named Respondents have (F.R. Doc. 67-2140; Filed, Feb. 24, 1967; to provide for the safe use for the treat tendered for filing proposed changes in 8:48 am.] ment of bovine mastitis of a formulation containing specified amounts of neomy presently effective rate schedules for cin (as neomycin sulfate) and polymyxin sales of natural gas subject to the juris S. E. MASSENGILL CO. B sulfate. diction of the Commission. The pro Dated : February 16,1967. posed changes, which constitute in Notice of Withdrawal of Petition for creased rates and charges, are designated Food Additives Neomycin and Poly J. K. K irk, as follows: myxin B Sulfate Associate Commissioner for Compliance. Pursuant to the provisions of the Fed [F.R. Doc. 67-2141; Filed, Feb. 24, 1967; 1Does not consolidate for hearing or dis eral Food, Drug, and Cosmetic Act (sec. 8:48 a.m.] pose of the matters herein.
Effective Cents per Mcf Rate in Rate Sup Amount Date date Date sus- Docket Respondent sched Effect Sub ple Purchaser and producing area of annual filing unless pended ject To No. ule m ent increase tendered sus until— JSÍO. Rate in Proposed Refund in No. pended Effect Increased Docket Rate Nos.
RI67-297. jf Amerada Petroleum 13 2 11 Texas Gas Transmission Corp. $6,736 1-23-67 32-23-67 7-23-67 6 20.625 4 « « 23.10 RI65-553. Corp. (Operator) (South Lewisburg Field, Acadia, et al., Post Office and St. Landry Parishes, La.) Box 2040, Tulsa, (Southern Louisiana). Okla. 74102. BI67-298.. E. Cockrell, Jr. (Op 2 3 Tennessee Gas Pipeline Co., a divi 359,306 1-27-67 3 2-27-67 7-27-67 «21.25 *2 23.55 erator) et al., 999 sion of Tenneco, Inc. (Patterson The Main Bldg., Field, St. Mary Parish, La.) Houston, Tex. (Southern Louisiana). 77002. R I67-299.J Maynard Oil Co. 1 15 Natural Gas Pipeline Co. of Amer 297 1-24-67 3 2-24-67 7-24-67 22 16.15 » 20 22 17.338 RI67-17. (Operator) et al., ica (Wise County Area, Jack 2715 Mercantile County, Tex.) (RR. District Bank Bldg., Dallas, No. 9). Tex. 75201. ___ d o ..______3 3 Natural Gas Pipeline Co. of Amer 297 1-24-67 3 2-24-67 7-24-67 22 16.15 « » 22 17. 338 RI66-10. ica (Wise County Area, Wise County, Tex.) (RR. District No. 9). ___ do______... 4 2 -.-_.do_.______1,884 RI67-300. 1-24-67 * 2-24-67 7-24-67 1215.355 « 20 22 17.338 Maynard Oil Co____ 6 ____do______594 1-24-67 * 2-24-67 7-24-67 2116.15 RI67-301_ Shell Oil Co., 50 West 152 5 9 20 22 17. 338 RT67-18 Northern Natural Gas Co. (Farns 1,392 1-25-67 »3 4- 1-67 9- 1-67 M 16. 5 # to n 17,5 RI65-475. 50th St., New York, worth Field, Ochiltree County, N .Y . 10020. Tex.) (RR. District No. 10).
^ . rer agreement witn Buyer hated Dec. 22, 1966, providing for the re- “etonuned rate proposed herein. 10 Pressure base is 14.65 p.s.i.a. 11 Includes base rate of 15.0 cents perMcf before increase and 16.0 cents after increase. , stated effective date is the first day after expiration of the statutory notice. Base rate subject to upward and downward B.t.u. adjustment from 1,000 B.t.u.’s. Redetermined rate increase. Rates include upward B.t.u. adjustment of 0.90 cent (1,060 B.t.u. gas) before in- ‘ Pressure base is 15.025 p.s.i.a. creaseand 1.088 cents (1,068 B.t.u. gas) after increase. Rates also include 0.25 cent „Inclusive of tax reimbursement. * for dehydration paid by buyer. Onin-ra FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3312 NOTICES menced more than 3 years ago (date of [Docket Nos. G—6548, etc.) as that of American Petrofina. The pres ently effective rate under said rate sched initial delivery is Peb. 1,1963). FINANCE & SERVICE CO. ET AL. All of the producers’ proposed in ule is in effect subject to refund in Dock creased rates and charges exceed the ap Findings and Order After Statutory et No. RI65-273. American Petrofina plicable area price levels for increased Hearing has requested to be made a party re rates as set forth in the Commission’s spondent in said proceeding and has statement of general policy No. 61-1, as F ebruary 15,1967. agreed to file an agreement and under amended (18 CFR 2.56). Findings and order after statutory taking to assure the refund of any The proposed changed rates and hearing issuing certificates of public con amounts collected by it in excess of the charges may be unjust, unreasonable, venience and necessity, canceling dock amount determined to be just and rea unduly discriminatory, or preferential, et numbers, dismissing applications, sonable in said proceeding. Accordingly, or otherwise unlawful. amending certificates, permitting and American Petrofina will be made co The Commission finds: approving abandonment of service, ter respondent in said proceeding, the pro (D Good cause exists for waiving minating certificates, making successors ceeding will be redesignated and Ameri Condition (2) in the temporary certifi co-respondents, redesignating proceed can Petrofina will be required to file an cate issued in Docket No. CI63-326 with ings, requiring filing of surety bond, re agreement and undertaking. respect to Cockrell’s notice of change, quiring filing of agreement and' under After due notice, a petition to inter designated as Supplement No. 3 to Cock taking and accepting related rate sched vene by Long Island Lighting Co. was rell’s FPC Gas Rate Schedule No. 2, and ules and supplements for filing. filed in Docket No. CI67-543, in the mat that such notice of change be permitted Each of the Applicants listed herein ter of the application filed October 21, to be filed as hereinafter ordered. has filed an application pursuant to sec 1966, in said docket. The petition to in (2) It is necessary and proper in the tion 7 of the Natural Gas Act for a cer tervene has been withdrawn, and no public interest and to aid in the enforce tificate of public convenience and other petitions to intervene, notices of ment of the provisions of the Natural Gas necessity authorizing the sale and de intervention, or protests to the granting Act that the Commission enter upon livery of natural gas in interstate com of any of the respective applications or public hearings concerning the lawful merce, for permission and approval to petitions in this order have been received. ness of the proposed changes, and that abandon service, or a petition to amend At a hearing held on February 9,1967, the above-designated supplements be an existing certificate authorization, all the Commission on its own motion re suspended and the use thereof deferred as more fully described in the respective ceived and made a part of the record in as hereinafter ordered. applications and petitions (and any sup these-proceedings all evidence, including The Commission orders: plements or amendments thereto) which the applications, amendments, and ex (A) Condition (2) in the temporary are on file with the Commission. hibits thereto, submitted in support of certificate issued in Docket No. CI63-326 The Applicants herein have filed re the respective authorizations sought is hereby waived with respect to Cock lated FPC gas rate schedules and pro herein, and upon consideration of the rell’s notice of change, designated as pose to initiate or abandon, add or delete record, Supplement No. 3 to Cockrell’s FPC Gas natural gas service in interstate com The Commission finds: Rate Schedule No. 2, and such rate merce as indicated by the tabulation (1) Each Applicant herein is a ‘‘nat change is permitted to be filed. herein. All sales certificated herein are ural-gas company” within the meaning at rates either equal to or below the of the Natural Gas Act as heretofore (B) Pursuant to the authority of the found by the Commission or will be en Natural Gas Act, particularly sections 4 ceiling prices established by the Commis sion’s statement of general policy No. 61- gaged in the sale of natural gas in inter and 15 thereof, the Commission’s Rules state commerce for resale for ultimate of Practice and Procedure, and the regu 1, as amended, or involve sales for which permanent certificates have been previ public consumption, subject to the juris lations under the Natural Gas Act (18 diction of the Commission, and will CFR Ch. I ), public hearings shall be held ously issued: except that the sales from the Permian Basin area of New Mexico therefore, be a “natural-gas company” upon dates to be fixed by notices from within the meaning of said Act upon the the Secretary concerning the lawfulness and Texas are authorized to be made at or below the applicable area base rates commencement of the service under the of the proposed increased rates and respective authorizations granted here charges contained in the above-desig and under the conditions prescribed in Opinion Nos. 468 and 468-A. inafter. nated rate supplements. Houston Rovalty Co. (Operator) et al, (2) The sales of natural gas herein (C) Pending hearings and decisions Applicant in Docket No. CI64-1391, pro before described, as more fully described thereon, the above-designated rate sup poses to continue the sale of natural gas in the respective applications, amend plements are hereby suspended and the heretofore authorized in said docket ments and/or supplements herein, will use thereof deferred until the date indi and made pursuant to Southwest Petro be made in interstate commerce, subject cated in the above ‘Date Suspended Un leum Management Corp., agent, et al., to the jurisdiction of the Commission, til” column, and thereafter until such FPC Gas Rate Schedule No. 4. Said rate and such sales by the respective Appli further time as they are made effective schedule will be redesignated as that of cants, together with the construction and in the manner prescribed by the Natural Houston. The presently effective rate operation of any facilities subject to the Gas Act. under said rate schedule is in effect sub jurisdiction of the Commission neces (D) Neither the supplements hereby ject to refund in Docket No. RI65-137 sary therefor, are subject to the require suspended, nor the rate schedules sought and Houston has filed a motion to be ments of subsections (c) and (e) of sec to be altered thereby, shall be changed made a party respondent in said proceed tion 7 of the Natural Gas Act. until these proceedings have been dis ing. Therefore, Houston will be made a (3) The respective Applicants are able posed of or until the periods of suspen co-respondent, the proceeding will be re and willing properly to do the acts and sion have expired, unless otherwise designated accordingly, and Houston will to perform the services proposed and to ordered by the Commission. be required to file a surety bond to as conform to the provisions of the Natural (E) Notices of intervention or peti sure the refund of any amounts collected Gas Act and the requirements, rules, and tions to intervene may be filed with the by it in excess of the amount determined regulations of the Commission there- Federal Power Commission, Washington, to be just and reasonable in Docket No. under. D.C. 20426, in accordance with the rules RI65—137. (4) The sales of natural gas by the of practice and procedure (18 CFR 1.8 American Petrofina Company of Texas respective Applicants, together with t and 1.37(f)) on or before April 11, 1967. (Operator) et al., Applicant in Docket construction and operation of any i ~ cilities subject to the jurisdiction oi tne By the Commission. No. CI65-28, proposes to continue the sale of natural gas heretofore authorized Commission necessary therefor, are [seal] J oseph H. Gutride, in said docket to be made pursuant to quired by the public convenience an Secretary. Humble Oil & Refining Co. (Operator) necessity and certificates there [F.R. Doc. 67-2067; Filed, Feb. 24, 1967; et al., FPC Gas Rate Schedule No. 354. should be issued as hereinafter oruereu 8:45 a.m.] Said rate schedule will be redesignated and conditioned. FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3313 (5) It is necessary and appropriate in ing should be redesignated accordingly, amended, shall be filed prior to the ap carrying out the provisions of the Nat and that Houston should be required to plicable dates, as indicated by footnotes ural Gas Act that Docket Nos. CI67-314 file a surety bond. 6 and 18 in the attached tabulation. and CI67-543 should be canceled and (13) It is necessary and appropriate in (E) The initial rates for sales au that the applications filed therein should carrying out the provisions of the Nat thorized in Docket Nos. CI67-189, CI67- be processed as petitions to amend the ural Gas Act that American Petrofina 537, and CI67-538 shall be the applicable certificates heretofore issued in Docket Company of Texas (Operator) et al., base area rates prescribed in Opinion Nos. CI66-635 and G-18369, respectively. should be co-respondent in the proceed No. 468, as modified by Opinion No. 468- (6) It is necessary and appropriate in ing pending in Docket No. RI65-273, that A, as adjusted for quality, or the con carrying out the provisions of the Nat said proceeding should be redesignated tract rates, whichever are lower; and ural Gas Act that the applications to accordingly, and that American Petro no increases in rate in excess of said amend filed in Docket No. G-6740 on fina should be required to file an agree initial rates shall be filed before Janu June 30, 1966, and July 1, 1966, and the ment and undertaking. ary 1, 1968. application to amend filed in Docket No. (14) It is necessary and appropriate (F) If the quality of the gas delivered CI64-457 on December 22, 1966, should in carrying out the provisions of the Nat by Applicants in Docket Nos. CI67-189, be dismissed as moot. ural Gas Act that the respective related CI67-537, and CI67-538 deviates at any (7) It is necessary and appropriate in rate schedules and supplements as desig time from the quality standards set forth carrying out the provisions of the Nat nated in the tabulation herein should be in Opinion No. 468, as modified by Opin ural Gas Act and the public convenience accepted for filing as hereinafter ordered. ion No. 468-A, so as to require a down and necessity require that the certificate The Commission orders : ward adjustment of the existing rate, a authorizations heretofore issued by the (A) Certificates of public convenience notice of change in rate shall be filed Commission in Docket Nos. G-6548, and necessity are issued upon the terms pursuant to the provisions of section 4 G-15810, G-18369, G-19191, CI63-234, and conditions of this order, authorizing of the Natural Gas Act: Provided, how CI63-489, CI64-847, CI64-869, CI64-1391, the sales by the respective Applicants ever, T hat a d ju stm en ts reflecting CI65-28, CI65-574, CI65-1174, CI66-635, herein of natural gas in interstate com changes in B.t.u. content of the gas shall CI66-721, and CI67-35 should be merce for resale, together with the con be computed by the applicable formula amended as hereinafter ordered and con struction and operation of any facilities and charged without the filing of no ditioned. subject to the jurisdiction of the Com tices of changes in rate. (8) It is necessary and appropriate in mission necessary for such sales, all as (G) Within 45 days from the date of carrying out the provisions of the Nat hereinbefore described and as more fully this order Applicants in Docket Nos. ural Gas Act that the certificates here described in the respective applications, CI67-189, CI67-537, and CI67-538 shall tofore issued in the following dockets amendments, supplements, and exhibits file rate schedule quality statements in should be amended to reflect the deletion in this proceeding. the form prescribed in Opinion No. of acreage where new certificates are (B) The certificates granted in para 468-A. issued herein or existing certificates are graph (A) above are not transferable (H) A certificate is issued herein in amended herein to authorize service and shall be effective only so long as Docket No. CI67-774, authorizing Ap from the subject acreage : Applicants continue the acts or opera plicant to continue the sale of natural New certificate and/or tions hereby authorized in accordance gas which was initiated without prior Amend to amendment to add with the provisions of the Natural Gas Commission authorization. delete acreage acreage Act and the applicable rules, regulations, (I) A certificate is issued herein in Or-3894______CI65-574 and orders of the Commission. Docket No. CI67-779, subject to the con G-6740______CI67-766 (C) The grant of the certificates is ditions set forth in paragraphs (E), (F), G-6740______CI67-767 sued in paragraph (A) above shall not and (G) of the order accompanying G-15714-______CI63—603 be construed as a waiver of the require.- CS66-38______CI67-538 Opinion No. 350 (27 FPC 35), except that CS66-39__ ;______CI67-537 ments of section 4 of the Natural Gas said certificate shall not be subject to CS66-54______CI67-189 Act or of Part 154 or Part 157 of the the Commission’s ultimate determina Commission’s regulations thereunder, tion in Docket No. R-200. (9) It is necessary and appropriate in and is without prejudice to any findings (J) The applications to amend filed carrying out the provisions of the Nat or orders which have been or may here in Docket No. G-6740 oh June 30, 1966, ural Gas Act that the certificate hereto after be made by the Commission in and July 1, 1966, and the application to fore issued in Docket No. CI60-72 au any proceedings now pending or here amend filed in Docket No. CI64-457 on thorizing sales of natural gas herein after instituted by or against the respec December 22, 1966, are dismissed as authorized to be continued pursuant to tive Applicants. Further, our action in moot. certificates issued in Docket Nos. CI67- this proceeding shall not foreclose nor 766 and CI67-767 should be terminated. prejudice any future proceedings or ob (K) The certificate heretofore issued (10) The sales of natural gas proposed jections relating to the operation of any in Docket No. G-6548 is amended to in to be abandoned by the respective Ap price or related provisions in the gas clude the interest of the “et al.” party plicants, as hereinbefore described, all purchase contracts herein involved. Nor and the related rate schedule is redesig as more fully described in the tabulation shall the grant of the certificates afore nated as Finance & Service Co., et al. herein and in the respective applications, said for service to the particular custom (L) The certificates heretofore issued are subject to the requirements of sub ers involved imply approval of all of the in Docket Nos. G-15810, CI63^234, CI65- section (b) of section 7 of the Natural terms of the respective contracts par 574, and CI67-35 are amended by adding Gas Act, and such abandonments should ticularly as to the cessation of service thereto or deleting therefrom authoriza be permitted and approved as herein upon termination of said contracts, as tion to sell natural gas to the same pur after ordered. provided by section 7(b) of the Natural chasers and in the same areas as cov (11) It is necessary and appropriate in Gas Act. Nor shall the grant of the cer ered by the original authorizations, carrying out the provisions of the Nat tificates aforesaid be construed to pre pursuant to the rate schedule supple ural Gas Act that the certificates of pub clude the imposition of any sanctions ments as indicated in the tabulation lic convenience and necessity heretofore pursuant to the provisions of the Natural herein. issued to the respective Applicants re Gas Act for the unauthorized 'com (M) The certificate heretofore issued lating to the abandonments hereinafter mencement of any sales of natural gas in Docket No. CI63-489 is amended to Permitted and approved should be ter subject to said certificates. include the sale of natural gas from the minated. (D) The grant of the certificates is additional acreage, subject to the condi (12) It is necessary and appropriate insued herein on all applications filed after tions set forth in paragraphs (C), (D), carrying out the provisions of the Nat-' April 15, 1965, is upon the condition that and (E) of the order accompanying ural Gas Act that Houston Royalty Co. no increase in rate which would exceed Opinion No. 353 (27 FPC 449), except (Operator) et al., should be a co the ceiling prescribed for the given area that said certificate shall not be subject respondent in the proceeding pending in by paragraph (d) of the Commission’s to the Commission’s ultimate determina Docket No. RI65-137, that said proceed statement of general policy No. 61-1, as tion in Docket No. R-200. FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3314 NOTICES FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 j f FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. ir I Purchaser, field, and Docket No. Purchaser, field, and and date filed Applicant location and date filed Applicant location Description and date No. Supp. Description and date No. Supp. of document of document CI63-607...... Pioneer Production 15 C167-35______Douglas E. Fiorance___ 1 1 A 11-6-62 Corp. (Operator) et Co., acreage in Lips- Contract 7-71-58-.i____ 15 1 C 12-6-66 18 Ballard Pictured Cliffs m ènt 12- 1 -6 6 f al. comb County, Tex. Letter agreement 15 2 Field, Rio Arriba C 2-16-63 10-8-59. County, N.Mex. (G-15714) » Letter agreement 15 3 A CI67-189...... Tenneco Oil Co. (sue- Contract 7-10-6219...... 208 C 9-30-63. 3-11-60. (CS66-54) cessor to Cactus Drill- acreage in Lea County, Assignment 6-28-66 20__ 208 1 C 10-14-63 Amendatory agreement 15 4 F 8-16-66 ing Co.). N.M ex. C 4-1-64 12-5-62.9 CI67-314 21...... 343 1 C 11-29-66. « Amendatory agreement 15 5 (CI66-635)___ (Operator) et al. District North Field, celiatimi (undated) . 4 22 6-24-63. D 9-13-66 Stephens County, Okla. Amendatory agreement C167-460 28...... Coastal States Gas Contract 1-20-65 24_____ 65 9-4-63. 15 6 A 10-11-66 « Producing Co. Assignment 9-2-65 23___ 65 1 Compliance 11-29-63___ 15 ' 7 Amendment 3-3-664 26 -. 65 2 Compliance 12-2-63...... 15 8 A C167-537...... Union Oil Co. of Contract 12-4-64 27. 173 Amendatory agreement 15 9 (CS66-39) California (successor Co., Coyanosa Field, Supplemental agree- 173 1 2-28-64. F 10-20-66 to Edward H. Leede). Pecos County, Tex. mènt 12-8-65. Letter agreement 15 10 Supplemental agree- 173 2 9-2-66.’ m ènt 12-8-65. Letter agreement 15 11 Assignment 9-15-66 28__ 173 3 11- 21- 6 6 .0» C164-457 «...... Creek Oil Co., Inc...... Cumberland Natural Gas 2 1 A C167-538____ Ì74 D 12-22-66 Co., Inc., White Plains Effective date: 1-22-67... (CS66-38) fomia (successor to Supplemental agree- 174 1 Field, Hopkins County, F 10-20-66 Victor H. Zoller). ment 12-8-65. Ky. Supplemental agree- 174 2 C164-847 ____ Houston Royalty Co. Texas Eastern Trans- Southwest Petroleum 5 m ent 12-8-65. E 12-2-66 (Operator), et al. mission Corp., East Management Corp. Assignment 9-15-66 28__ 174 3 (successor to South- Melrose andWestWee- (Operator),et al., Effective date: 10-1-66.- west Petroleum satche Fields, Goliad FPC GRS No. 2, C167-543 3 5 2 et al.). NOTICES Assignment 10-1-65 l3.__ 5 3 (undated). Assignment 9-21-66 32__ 11 2 C1-64-869...... CI67-663 ______22 E 12-5-66 mission Corp.,West Management Corp. A 11-18-66 « Co., Ezra Evans Unit, Weesatche Field, (Operator), et al., Mocane Area, Beaver Goliad County, Tex. FPC GRS No. 3. County, Okla. CI67-761...... Great Yellowstone Panhandle Eastern Pipe 2 12-5-66. A 12-7-66 « Corp. (Operator) et al. Line Co., Mocane Field, Assignment 9-1-65 u ___ 6 1 Beaver County, Okla. 6 CI67-763...... C. F. Raymond et al___ 6 A 12-5-66 « Gas Cd., Inc., Bonanza and 10-1-65. Field, Logan County, C164-1391...... Houston Royalty Co. 4 Colo. E 11-28-66 (Operator) et âl. (suc- Management Corp., A CI67-766...... Houston Royalty Co. United Gas Pipe Line Co. Southeastern Drilling 7 cessor to Southwest agent, et al., FPC (G-6740) (successor to George Cabeza Creek Area, Corp. et al.,-FPC Petroleum Manage- GRS No. 4. (CI60-72) R. Brown et al. and Goliad County, Tex. GRS No. 1. ment Corp., agent, Supplement Nos. 1-16.. 4 1-16 F 12-7-66 Southeastern Drilling Supplement Nos. 1-17... 7 1-17 et al.). Corp. et al.33). Notice of succession 11-28-66. 12-7-66. Assignment 9-1-65 12___ 4 17 Assignment 2-26-6634__ 7 18 Assignment 10-1-65 13. . . 4 18 Assignment 2-26-66 34__ 7 19 Effective dates: 9-1-65 Assignment 2-26-66 54___ 7 20 Effective date: 3-1-66__ CI65-28...... 68 G-6740 38______George R. Brown et al_ 2 E 12-8-66 of Texas (Operator) Killens Ferry Field, Co. (Operator) et al., D 6-30-66 Assignment 2-26-66 38.. . 2 12 et al. (successor to Franklin and Tensas FPC GRS No. 354. Assignment 2-26-66 4 3e. . 2 13 Humble Oil & Refin- Parishes, La. 68 1-4 A CI67-767...... Houston Royalty Co. United Gas Pipe Line Contract 11-9-5037...... 8 ing Co. (Operator) (G-6740) (successor to George Co., South Weesatche Amendment 11-13-53 38.. 8 1 et al.). 12-5-66. (CI60-72) R. Brown et al. and Field, Goliad County, Letter agreement 8 2 Conveyance 9-14-66 8__ 68 5 F 12-7-66 Southeastern Drilling Tex. 8-31-54.39 Corp. et al. •*). Amendment 10-15-54 4°._ 8 3 F CI65-574...... Frank J. Hall (Opera- United Gas Pipe Line Assignment 5-9-66 15___ 3 18 Amendment 6-14-55 4>... 8 4 (G-3894) tor) et al. Co., Sibley Field, Web- Effective date: 4-1-66__ Amendment 9-10-6942... 8 5 C 12-9-66 » ster Parish, La. Assignment 2-26-66 43__ 8 6 CI65-1174...... Sinclair Oil & Gas Co. Amendment 3-3-66 41C.. 337 /' ' C 9-13-66 8 (Operator) et al. G-6740 38...... 10 Stephens County, Okla. D 7-1-66 C166-721...... Coastal States Gas Amendment 3-3-66 4 . 59 CI67-769...... J. E. Hillier...... 1 1 D 10-11-66 Producing Co. (CI61-517) Inc., Maetze Field, 11-15-66.4 44 B 11-17-66 See footnotes at end of table. Goliad County, Tex. 3315 No. 38----- 5 FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3316 3316 2» Application covers Applicant’s own interest which was previously covered by Sinclair Oil & Gas Co. s certificate FPC rate schedule to be accepted in Docket No. CI65-1174 and a portion of the acreage previously covered by Applicant’s certificate in Docket No. Purchaser, field, and CI66-721 in order to put all of the acreage in the same unit under one certificate and rate schedule. Docket No. 2* Between Sinclair Oil & Gas Co., Peake Petroleum Co. and Woods Petroleum Corp. and buyer. and date filed Applicant location Description and date No. Supp. Assignment from Peake Petroleum Co. to Coastal States Gas Producing Co. of document 2« Adds acreage previously covered by Applicant’s FPC GRS No. 59. v Between Edward H. Leede and Northern Natural Gas, Co. / 28 From Edward H. Leede and Victor H. Zoller to Union Oil Co. of California. » Between Victor H- Zoller and Northern Natural Gas Co. . , _ , . CI67-770-... Gulf Oil Corp. Arkansas Louisiana Gas Notice of cancellation Co., Haypesville Field, 12-0-66-4 « 88 Application in Docket No. CI67-543 will be treated as a petition to amend the certificate in Docket No. G-18369 (0-7175) and Docket No. CI67-543 will be canceled. A _ _ '¿i , . , ,, . , , B 12- 1 2 -6 6 Claiborne Parish, La. Panhandle Eastern Pipe Contract 10-21-66 *..T 87 Applicant as signatory seller is filing to operate the properties m lieu of Zapata Off-Shore who assigned its Interest CI67-771___ Petroleum, Inc. (Op in the sale to Colorado Oil & Gas Corp. in Docket No. CI67-339. A 12-12-66 « erator) et al. Line Co., Mocane- Laverne Pool, Beaver 22 Conveys interest from G. H. Walker, Jr., to Felmont Oil Corp. County, Okla. 22 Now Southeastern Drilling, Inc, , , , . , , TT .. Contract 12-16-577.. . 84 Conveys a portion of George R. Brown’s interest and remaining portion of Southeastern s interest to Houston Cl67-773.„„_ Spicknall Enterprises... El Paso Natural Gas Co., Royalty Co. at various depths (acreage presently dedicated to George R. Brown, et al., FPC GRS No. 2 and South A 12-12-66 »? acreage in Wheeler County, Tex. eastern Drilling Corp., et a),, FPC GRS No, 1.) .. „„ V‘ .... , . .. „ .. , „ . Cumberland and Alle Contract 1-27-58T___ 88 Only the supplements to the rate schedules are being accepted for filing by this order and the applications to amend CI67-774...... James A. Hughes et a l.. filed on June 30,1966 and July £ 1966, will be dismissed as moot. . A 12-6-66 18 « gheny Gas Co,, Wash 88 Transfers properties from George R. Brown, et al. to Houston Royalty Co. m Docket Nos. CI67-766 and C167-767 ington District, Upshur (Supp. No. 10 to FPC GRS No. 1, provides for a depth limitation of 8,657 ft,). County, W. Va. 87 Basic contract between Sun Oil Co., as seller and United Gas Pipe Line Co., as buyer; on file as George R. Brown CI67-775...... William E. McCommons United Gas Pipe Line Notice of cancellation Co., Baxterville Field, 9-9-66.1 44 et al., FPC GRS No. 1. , „ „ „ (CI62-496) d.b.a. McCommons 88 Provides for. sale of oil well gas by George R. Brown et al. B 12-5-66 Exploration Co. et al. Lamar County, Miss. C167-776.____ Jake L. Hamon______Arkansas Louisiana Gas Ratified 11- 2 5 -66 * 88 Provides fot tax reimbursement. A 12-13-66 « Co., Arkoma Area, Contract 8-16-66 L 48 Adds acreage. _ , , .. , , Le Flore County, Okla. *< Provides for a 1 cent per Mcf increase every 5 years until a price of 9.5 cents is attained. Contract 10-4-66 7._ 48 Provides for a 1 cent per Mcf increase every 5 years until a price of 16.0 cents is attained. CI67-788____- Joseph S, Gruss. United Fuel Gas Co., 48 Conveys George R. Brown’s and Southeastern’s interests to Houston Royalty Co. to depth of 8,657 feet. A 12-14-66 » Walton District, Roane County, W. Va. 44 Source of gas depleted. Panhandle Eastern Pipe Contract 10-19-66 '. 48 Sale being rendered without prior Commission authorization. CI67-779_____ Falcon Seaboard Drill 48 Rate of 22.8829 cents efiective subject to refund in Docket No. RI63-281. vxin xr« « . A 12-14-66 « ing Co.48 Line Co., Northeast Waynoka Field, Woods 47 Ratifies contract dated Aug. 16,1966 between Monsanto Co. and buyer; on file as Monsanto Co. FPC (JR SN o.85: County, Okla. 48 Applicant states its willingness to accept a permanent certificate subject to the conditions imposed in Opinion C167-781___ R. E. Beamon. N atural Gas Pipeline Co. Notice of cancellation No. 350; excluding “ R-200” condition. (G-3061) of America, Fairbanks 12-7-66.* ** [F.B. Doc. 67-2068; Filed, Feb. 24,1967; 8:45 a.jn.] B 12-9-66 Area, Harris County, Tex. NOTICES CI67-816...... E. C. Wedell et al. Northern Natural Gas Contract 12-16-66 7. A 12-28-66 1« Co., acreage in Barton [Docket No. RI67-302] The Commission orders: County, Kans. (A) Under the Natural Gas Act, par* LAMAR HUNT TRUST ESTATE ticularly sections 4 and 15, the regula I Amendment to the certificate filed to include the interest of “et al.” party. tions pertaining thereto (18 CFR Ch. I ), 8 No related rate filing; letter of Nov. 17, 1966, requesting inclusion of “et al.” party placed in interest statement Order Providing for Hearing on and section of Finance & Service Co. et al., FPC GRS No. 1. Suspension of Proposed Change in and the Commission’s rules of practice 8 Deletes certain expired leases. Union states that these leases were undeveloped, no gales were made therefrom and procedure, a public hearing shall be and that Union no longer owns an interest in these leases. Rate, and Allowing Rate Change * Effective date: Date of this order. \ held concerning the lawfulness of the 5 Assignment from Humble Oil & Refining Co. to American Fetrofina Co. of Texas, Southwest Charitable Corp. To Become Effective Subject to proposed change. and First National Bank in Dallas. Refjund 8 July 1,1967, moratorium pursuant to the Commission's Statement of General Policy No. 61-1, as amended. (B) Pending hearing and decision 7 Effective date: Date of initial delivery (Applicant should advise the Commission as to such date). F ebruary 15, 1967. thereon, the rate supplement herein is 8 Applicant has agreed to accept authorization for the additional acreage subject to the conditions imposed in Respondent named herein has filed a suspended and its use deferred until date ? Acreage was previously covered by a Humble Oil & Refining Co. contract (FPC GRS No. 239) and certificate proposed change in rate and charge of a shown in the “Date Suspended Until” granted in Docket No. G-15714. column, apd thereafter until made effec »» Deletes impermissible pricing provisions with respect to Supplement No. 9. currently effective rate schedule for the 10 By order issued Dec. 21, 1966, in Docket Nos. G-5942et al., said certificate was amended to reflect deletion of sale of natural gas under Commission tive as prescribed by the Natural Gas subject acreage eoncurrentlv with the issuance of the certificate to the successor in Docket No. CI67-491; therefore, jurisdiction, as set forth in Appendix A Act: Provided, however, That the sup only the supplement to the'rate schedule is being accepted for filing by this order and the application to amend filed Dec. 22, 1966, will he dismissed as moot. below. plement to the rate schedule filed by II Transfers Tar Springs Formation only from Creek Oil Co., Inc., to Tartan Oil Co, The proposed changed rate and charge Respondent shall become effective sub »» Conveys acreage from Lamar W,. Davis, Jr, to Houston Royalty Co. ject to refund on the,date and in the »» Conveys acreage from W. F. Bowman to Houston Royalty Co. may be unjust, unreasonable, unduly dis 14 Adds acreage acquired from Atlantic Richfield Company in Docket No. G-3894. criminatory, or preferential, or other manner herein prescribed if within 20 18 Assignment from Atlantic Richfield Company to Frank J. Hall, C. B. Sente}) and Jphn D, Whitaker. days from the date of the issuance of this 18 Adds 160 acres previously covered under its FPC GRS No. 343, from which the acreage is being deleted. The wise unlawful. State Commission increased the acre spacing in the “Ford Unit” covered under FPC GRS N°- 337 and to comply The Commission finds: It is in the order Respondent shall execute and file with this spacing, Applicant included this 160 acres in the unit and is transferring this acreage to its FPC GRS No. public interest and consistent with the under its above-designated docket num 337 so all the acreage in the unit would be covered under the same rate schedule. 77 Deletes acreage transferred to FPC GRS No. 65 (Docket No. CI67-460). Natural Gas Act that the Commission ber with the Secretary of the Commis 18 jan. 1,1968, moratorium pursuant to the Commission’s Statement pf General Policy No. 61-1, as amended. enter upon a hearing regarding the law sion its agreement and undertaking to 18 Between Cactus Drilling Co. and El Paso Natural Gas Co. fulness of the proposed change, and that comply with the refunding and report 28 From Cactus Drilling Co. to Tenneco Oil Co. 2i Application in Doeket No. CI67-314 will be treated as a petition to amend the certificate heretofore issued in the supplement herein be suspended and ing procedure required by the Natural Docket No. CI66-635 and Docket No. CI67-314 will be canceled. Gas Act and § 154.102 of the regulations 2» Deletes the 160 acres previously covered under its FPC GRS No. 343; attached thereto is agreement with buyer its use be deferred as ordered below. deleting acreage. FEDERAL REGISTER, VO L. 3 2 , N O . 3 8 ---- SATURDAY, FEBRUARY 25, 1967 NOTICES 3317 thereunder, accompanied by a certificate (C) Until otherwise ordered by the Federal Power Commission, Washing- showing service of a copy thereof upon Commission, neither the suspended sup tion, D.C. 20426, in accordance with the the purchaser under the rate schedule plement, nor the rate schedule sought to rules of practice and procedure (18 CFR involved. Unless Respondent is advised be altered, shall be changed until dispo 1.8 and 1.37(f)) on or before April 11, to the contrary within 15 days after the sition of this proceeding or expiration of 1967. filing of its agreement and undertaking, the suspension period. By the Commission. such agreement and undertaking shall (D) Notices of intervention or peti [seal] J oseph H. Gutride, be deemed to have been accepted. tions to intervene may be filed with the Secretary. A ppendix A 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 pended ject to No. ule ment increase tendered sus until— ' Rate in Proposed refund in No. No. pended effect increased docket rate Nos. RI67-302... Lamar Hunt Trust 7 4 West Lake Natural Gasoline Co.1 * $45 1-25-67 * 2-25-67 42-26-67 8.5 ‘ «9.0 RI60-382. Estate, 1401 Elm (VenaMadre Field, Nolan County, St., Dallas, Tex. Tex.) (R R. District No. 7-b). 75202, A ttn: Donald K. Young, Esq. - 1 For resale to El Paso Natural Gas Co. under West Lake Natural Gasoline Co. 4 The suspension period is limited to 1 day. (Operator) et al., FPC Gas Rate Schedule No. 1. * Revenue-sharing rate increase. 1 Buyer’s resale rate is in effect subject to refund. * Pressure base is 14.65 p.s.i.a. 1 The stated effective date is the first day after expiration of the statutory notice. Lam ar Hunt Trust Estate (Hunt) requests ural Gas Pipeline Company of America CI65-561, Cities Service Oil Co. (Oper a retroactive effective date of January 1, 1965, (Natural) have been extended for a pe ator), change the filing date from “8- for its proposed rate increase. Good cause has not been shown for waiving the 30-day riod of 1 year until May 1,1968, and Peti 19-66” to read "9-19-66”. notice requirement provided in section 4(d) tioner states that due to the present shortage of its own long-term supply and J oseph H. Gutride, of th e Natural Gas Act to permit an earlier Secretary. effective date for Hunt’s rate filing and such the needs of its customers, it is necessary request is denied. for Petitioner to purchase this additional [F.R. Doc. 67-2112; Filed, Feb. 24, 1967; H u n t proposes a revenue-sharing increase gas for 1 more year. The gas is sold 8:45 a.m.] involving a sale of natural gas to West Lake under a three-party transaction wherein N atural Gasoline Co. (West Lake) which Colorado delivers the gas to Natural who gathers and processes the gas and resells the [Docket No. CP67-222] the residue to El Paso Natural Gas Co. in turn delivers equal quantities to Peti H unt’s proposed increased rate of 9.0 cents tioner. On this basis Petitioner requests HOME QAS CO. that its authorization be extended until is for 50 percent of West Lake’s resale rate Notice of Application of 18.0 cents per Mcf which is in effect sub 12:01 a.m., May 1,1968. ject to refund. Although Hunt’s proposed Protests or petitions to intervene may F ebruary 16,1967. rate increase does not exceed the area in be filed with the Federal Power Commis Take notice that on February 6, 1967, creased rate ceiling of 11.50 cents per Mcf for sion, Washington, D.C. 20426, in accord Texas Railroad District No. 7-b as announced Home Gas Co., 800 Union Trust Building, in th e Commission’s statement of general ance with the rules of practice and pro Pittsburgh, Pa. 15219, filed in Docket No. policy No. 61-1, as amended, such area rate cedure (18 CFR 1.8 or 1.10) on or before CP67-222 an application pursuant to ceiling is applicable to the buyer’s, West March 15, 1967. sections 7(b) and 7(c) of the Natural Lake, resale rate which is in effect subject to J oseph H. Gutride, Gas Act for a certificate of public con refund. We conclude that Hunt’s proposed Secretary. venience and necessity authorizing the rate increase should be suspended for 1 day construction and operation of certain re from February 25, 1967, the date of expira [F.R. Doc. 67-2111; Filed, Feb. 24, 1967; tion of the statutory notice. 8:45 a.m.] placement facilities and the permission and approval for the abandonment of [F.R. Doc. 67-2069; Filed, Feb. 24, 1967; certain other facilities, all as more fully 8:45 a.m.] [Docket No. G-13279, etc.] set forth in the application which is on file with the Commission and open to COASTAL STATES GAS PRODUCING [Docket No. CP61-163] public inspection. CO. ET AL. Specifically, Applicant seeks permis ARKANSAS LOUISIANA GAS CO. Findings and Order; Correction sion and approval to abandon its 680- Notice of Petition To Amend horsepower Wellsville Compressor Sta F ebruary 2,1967. tion in the town of Wellsville, in Alle F ebruary 16, 1967. Coastal States Gas Producing Co. et gheny County, N.Y., and authorization Take notice that on February 8, 1967: al., Docket Nos. G-13279 et al.; Cities to replace with 12-inch pipeline two seg Arkansas Louisiana Gas Co. (Petitioner). Service Oil Co. (Operator), Docket No. ments of its parallel 6-inch transmission Post Office Box 1126, Shreveport, La' CI65-561. pipelines A-l, A-2, A-3, and A-4 which 71102, filed in Docket No. CP61-163 a In the findings and order after statu transverse, in total, approximately 8.2 petition to amend the order issued by the tory hearing issuing certificates of pub miles and which aggregate about 33.0 Commission in Docket No. CP61-143 et lic convenience and necessity, canceling miles of pipe, in the towns of Green al. on January 3, 1963, and amended on docket number, dismissing application, wood and Jasper, in Steuben County, December 30, 1963, June 2, 1964, May 25, amending certificates, permitting and N.Y. 1965, and September 12,1966, by extend- approving abandonment of service, Applicant estimates the cost of the tog Petitioner’s authorization to pur terminating certificates, making succes proposed construction at approximately chase natural gas from Colorado Inter sor co-respondent, redesignating pro $385,000, said cost to be financed through state Gas Co. (Colorado) from 12:01 a.m., ceeding, requiring filing of agreement the issuance and sale of promissory notes May l, 1967, until 12:01 a.m., May 1,1968, and undertaking, and accepting related and/or common stock to its parent com ii as more fully set forth in the petition rate schedules and supplements for fil pany, The Columbia Gas System, Inc. amend which is on file with the Com ing, issued December 6, 1966, and pub Applicant estimates that the net salvage ission and open to public inspection. lished in the F ederal R egister December from the retirements will be $2,000. Specifically, Petitioner states that the 16, 1966 (F.R. Doc. 66-13360, 31 F.R. Protests or petitions to intervene may ntracts between it, Colorado and Nat 16165), in the chart after Docket No. be filed with the Federal Power Commis- FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3318 NOTICES sion, Washington, D.C. 20426, in ac Applicant estimates the peak day and tary to the Skagit River, and are with cordance with the rules of practice and annual volumes required as follows: drawn in Power Site Reserve No. 158, procedure (18 CFR 1.8 or 1.10) and the dated October 29, 1910. The portions regulations under the Natural Gas Act Year: 1st 2 d 3d of lots 9 and 12 included in the power (157.10) on or before March 13, 1967. withdrawal are those portions lying in Take further notice that, pursuant to Peak day requirements.. : __ 401 557 779 the tract originally surveyed as the the authority contained in and subject Peak annual requirements.... 45,167 ; 60,359 82,306 w y2NE%. to the jurisdiction conferred upon the The Applicant proposes to sell lot 18 Federal Power Commission by sections 7 Applicant estimates the total cost of of the subject lands to a prospective pur and 15 of the Natural Gas Act and the the proposed construction at approxi chaser for the latter’s access to the Sauk Commission’s rules of practice and pro mately $270,000, said cost to be financed River from lands already acquired by cedure, a hearing will be held without through the issuance of 30 Year Gas the prospective purchaser. The prospec further notice before the Commission on Revenue Bonds. tive purchaser has also indicated that this application if no protest or petition Protests or petitions to intervene may he wishes to acquire lot 18 to eliminate to intervene is filed within the time re be filed with the Federal Power Com undesirable conditions such as raids quired herein, if the Commission on its mission, Washington, D.C. 20426, in ac thereon for wood and trees and its use own review of the matter finds that a cordance with the rules of practice and as a trash dump. grant of the certificate and permission procedure (18 CFR 1.8 or 1.10) on or The Bureau of Land Management also and approval for the proposed abandon before March 14,1967. proposes to dispose of odd-shaped lots ment is required by the public conven ranging from 6.05 acre to 17.75 acres, J oseph H. Gutride, which were the result of the desegrega ience and necessity. If a protest or peti Secretary. tion for leave to Intervene is timely filed, tion of tracts to be used far mineral or if the Commission on its own motion [F.R. Doc. 67-2114; Filed, Feb. 24, 196T; purposes. Should the Commission act believes that a formal hearing is re 8:45 a.m.f favorably on the subject application, the quired, further notice of such hearing Bureau proposes to offer lots 15 and 18 for public' sale, lots 16 and 17 to the will be duly given. [Docket No. RI67-127 etc.] Under the procedure herein provided State of Washington for recreational SINCLAIR OIL & GAS CO. ET AL. development, and lots 9, 12, and 19 to for, unless otherwise advised, it will be the State for sustained timber yield. unnecessary for Applicant to appear or Order Providing for Hearings on and Hie subject lands lie at elevations be represented at the hearing. Suspension of Proposed Changes ranging from approximately 520 feet J oseph H. Gutride, in Rates; Correction along the Sauk River to approximately Secretary. 900 feet. The U.S. Corps of Engineers J anuary 25, 1967. has studied development of several dam- [F.R. Doc. 67—2113; Filed, Feb. 24, 1967; Sinclair Oil & Gas Co. et al., Docket sites in the Skagit River Basin, the latest 8:45 a.m.] Nos. RI67-127 et al.; Huval & Dunigan being in 1952, which included a plan for (Operator) et al., Docket No. RI67-128. a high single dam (Faber) on the Skagit [Docket No. CP67-226] In the order providing for hearings on downstream from the Sauk River with and suspension of proposed changes in a pool elevation of approximately 500 TOWN OF KEOSAUQUA, IOWA, AND rates, issued November 1,1966, and pub feet and having an installation of 781,000 MICHIGAN WISCONSIN PIPELINE lished in the F ederal R egister November kw., and an. alternate plan for a low 10, 1966 (F.R. Doc. 66-12210, 31 F.R. Faber dam in conjunction with a dam CO. 14468), in the chart after Docket No. to be located on the Sauk River about Notice of Application RI67-I28, Huval & Dunigan (Operator) 1 mile above its mouth. However, it was et al., correct the respondent’s name to determined by the Corps that the ratio F ebruary 16, 1967. read ‘‘Huval & Dunigan” in lieu of “Auval of benefits to costs of either plan of de Take notice that on February 9, 1967, & Dunigan”. velopment was not favorable. the town of Keosauqua, Iowa (Appli J oseph H. G utride, In a 1933 Corps report on potential de cant), filed in Docket No. CP67-226 an Secretary. velopment of the Skagit River (House application pursuant to section 7(a) of [FJt. Doc. 67-2115; Filed, Feb. 24, 1967; Doc. 187, 73d Cong. 2d sess.) it was the Natural Gas Act for an order of the 8:45 a.m.] pointed out that the pool elevation of the Commission directing Michigan Wiscon single high dam (Faber) on the Skagit sin Pipeline Co. (Respondent) to estab River would be limited by a ridge be [Docket No. DA-201-Wash.; Power Site tween the Sauk and Stillaguamish River lish physical connection of its transpor Reserve No. 158] tation facilities with the facilities pro basins, taken by the Corps to be at an posed to be constructed by Applicant and BUREAU OF LAND MANAGEMENT, altitude of 505 feet at the lowest point. to sell and deliver to Applicant volumes SPOKANE, WASH. However, subsequent mapping in 1936 by of natural gas for resale and distribu the U.S. Geological Survey established tion within the town of Keosauqua, all Determination Regarding Lands With the limiting height by the ridge to be at in the county of Van Buren, in the State drawn in Power Site Reserve an altitude of about 520 feet, and the sub ject lands may have potential value for of Iowa, all as more fully set forth in the F ebruary 16, 1967. application which is on file with the flowage. In the circumstances, while Commission and open to public inspec Application has been filed by the Bu the subject lands may have value for reau of Land Management, Spokane, flowage purposes, it does not appear that tion. Wash. (Applicant), under the Act of Applicant proposes to construct and any power development which would September 19, 1964 (78 Stat. 988) for affect the subject lands is imminent. operate approximately 9.75 miles of 2% a determination under section 24 of the The Commission determines: inch O.D. transmission lateral in a south Federal Power Act affecting the follow The power value of the subject lands erly direction from a point of connection ing described lands of the United States will not be injured or destroyed by with the 2.75 miles of transmission lateral withdrawn for power purposes: restoration to location, entry, or selec proposed to be constructed by Respond W il l a m e t t e M e r id ia n , W a s h in g t o n tion under appropriate public land jaws, ent, from its main transmission facili subject to the provisions of section 24 T. 32 N„ R. 9 E„ the Federal Power Act. ties to the abovementioned point of con Sec. 24, part of lots 9 and 12, and all of The above-described lands are not nection, to Applicant’s proposed distri lots 15,16, 17, 18, and 19 (approximately stored to entry, location, or selection u - bution system. Rural customers will be 25.86 acres). der the conditions of this determination served by short line taps from Appli The subject lands lie on or near the until the Secretary of the Intenor issu cant’s transmission lateral. right bank of the Sauk River, a tribu a formal order of restoration, ana FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3319 preference right to the lands is acquired [Docket No. DA-1077-Calif.; Project No. tract needed for p r o j e c t purposes by the filing of the application for resto 2426] through eminent domain procedures. ration or by this action taken by the FOREST SERVICE The Commission finds: In these cir Commission with respect to the lands. cumstances, it is necessary and appropri By the Commission. Order Partially Vacating Withdrawal ate for the purposes of the Federal Power of Lands Act that the request by the Forest Serv [ s e a l ] Joseph H. Gtjtride, ice for a vacation of the withdrawal for Secretary. F ebruary 16,1967. Project No. 2426 insofar as it applies to [F.R. Doc. 67-2116; Piled, Feb. 24, 1967; Pursuant to application by the U.S. the subject lands be granted. 8:46 a.m.] Forest Service in Docket No. DA-1057- The Commission orders: The power Calif., the Commission on May 26, 1965 withdrawal pertaining to the subject 40- [Project No. 878] issued a finding that it had no objection acre tract of lands pursuant to the appli to the cancellation or revocation by the cation for Project No. 2426 is hereby FOREST SERVICE Secretary of the Interior of Power Site vacated. Classification No. 80 insofar as it af Order Further Vacating Withdrawal fected the following described tract of By the Commission. of Lands lands of the United States: [ seal] J oseph H. G utride, Secretary. F ebruary 16,1967. S a n B e r n a r d in o M e r id ia n , C a l if o r n ia Application has been filed by the U.S. [F.R. Doc. 67-2118; Piled, Feb. 24, 1967; T. 7 N., R. 18 W., 8:46 a.m.] Forest Service (Applicant) for vacation Sec. 21, SW&NE14 (40 acres). of the power withdrawal pertaining to the following described lands of the The Commission’s action was to enable United States within Eldorado National the Forest Service to effect an exchange Forest in El Dorado County, Calif.: of the above-described 40-acre tract to SECURITIES AND EXCHANGE Mo u n t D ia b l o M e r id ia n , C a l if o r n ia gether with 240 acres-of other National Forest lands for 292.15 acres of privately COMMISSION All portions of the following described lands lying at or below elevation 6,379 feet owned lands. Following the Commis [File Nos. 7-2636—7-2641] U.S. Geological Survey datum: sion’s action, the Secretary of the Inte rior issued Public Land Order 3877, dated AVON PRODUCTS, INC., ET AL. T, 12 N., R. 17 E., November 23,1965, which canceled Pow Notice of Applications for Unlisted Sec. 11, lots 2, 5, 6; er Site Classification No. 80 insofar as Sec. 14, lots 6, 7, 8 (approximately 7.36 Trading Privileges and of Oppor a c re s). it affected the 40-acre tract and opened the tract to such forms of disposition as tunity for Hearing The lands are the remaining lands may by law be made of National Forest F ebruary 20,1967. still withdrawn pursuant to the filing on lands effective as of December 29, 1965. In the matter of applications of the February 8, 1928, of an application for Upon issuance of Order 3877, an indi license for Project No. 878 for which the Midwest Stock Exchange, for unlisted vidual and his wife, conveyed to the For trading privileges in certain securities. Commission gave notice of land with est their privately owned lands which drawal to the General Land Office (now were to be exchanged for the aforesaid The above-named national securities Bureau of Land Management) by letter National Forest lands. The executed exchange has filed applications with the dated May 1, 1928. By its order issued deed was recorded and a policy of title Securities and Exchange Commission February 24, 1950, the Commission ac insurance thereon to the United States pursuant to section 12(f)(1)(B) of the cepted surrender of the license for Pro was furnished to the Forest Service. Securities Exchange Act of 1934 and Rule 12f-l thereunder, for unlisted trading ject No. 878 (which had an installed On December 20, 1965, the State of capacity of not more than 100 hp.), pur privileges in the common stocks of the California Department of Water Re following companies, which securities are suant to appplication therefor, which sources filed an application for license order stated that the project powerplant listed and registered on one or more other under the Federal Power Act for pro national securities exchanges: and pipeline had become obsolete and posed Project No. 2426, known as the that since electric service had become California Aqueduct Project, which in File No. available from another source, it was no cludes, among other lands, the above- Avon Products, Inc______7-2636 longer practical or economically feasible Babcock & Wilcox Co______7-2637 mentioned 40-acre tract involved in the The Borden Co______7-2638 to continue the development of power. proposed exchange. The filing date of Applicant has advised that in 1951 it Columbia Broadcasting System, Inc_ 7-2639 the application for license having pre Delta Air Lines, Inc______7-2640 acquired much of the land privaiely ceded the effective date of the Secretary Douglas Aircraft Co______7-2641 owned by the former licensees (individ of the Interior’s Public Land Order 3877, uals) for Project No. 878 and the former the 40-acre tract was still in U.S. owner Upon receipt of a request, on or before licensees’ water rights in connection with ship and again became withdrawn for March 7, 1967, from any interested per the project, and that Applicant presently power purposes under section 24 of the son, the Commission will determine owns the former project dam across Federal Power Act. whether the application with respect to Taylor Creek and controls the water level any of the companies named shall be at Fallen Leaf Lake (formerly the proj The Forest Service, by letter dated No vember 15, 1966, requests the Commis set down for hearing. Any such request ect reservoir) for recreation and man should state briefly the title of the se agement of fish life in Taylor Creek be sion to vacate the further power with curity in which he is interested, the na low the dam. drawal insofar as it affects the 40-acre ture of the interest of the person mak The Commission finds: The subject tract to enable the exchange to be con ing the request, and the position he pro lands no longer have power value and the summated. poses to take at the hearing, if ordered. Power withdrawal pertaining thereto The flood channel adjacent to the pro In addition, any interested person may serves no useful purpose and should be posed Pyramid powerhouse of Project No. submit his views or any additional facts vacated. 2426 would occupy the NE portion of the bearing on any of the said applications The Commission orders: The wit SW1/4NE1/4 of sec. 21, T. 7 N., R. 18 W., by means of a letter addressed to the drawal of the subject lands pursuant comprising about 3 acres. Applicant for Secretary, Securities and Exchange Com the application for Project No. 878 Project No. 2426 by letter dated Decem mission, Washington 25, D.C., not later hereby vacated insofar as it pertains ber 29,1966, advises that it has no objec than the date specified. If no one re the subject lands. tion to the request of the Forest Service quests a hearing with respect to any par as a step to completion of the proposed By the Commission. ticular application, such application will land exchange. By letter dated January be determined by order of the Commis tsEAL] Joseph H. Gutride, 19,1967, Applicant advises that if the ex sion on the basis of the facts stated Secretary. change is consummated and it is licensed therein and other information contained [F.R. Doc. 67-2117; Piled, Feb. 24, 1967; to construct Project No. 2426 it proposes in the official files of the Commission per 8:46 a.m.] to acquire any interest in the 40-acre taining thereto. FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3320 NOTICES For the Commission (pursuant to dele The above-named national securities Rules 43, 45(b)(2), 50(a)(3), 86, 87(a) gated authority). exchange has filed applications with the (2), and (a)(3), and 88 promulgated Securities and Exchange Commission thereunder regarding the proposed trans [SEAL] ORVAL L. DUBOIS, pursuant to section 12(f)(1)(B) of the actions. All interested persons are re Secretary. Securities Exchange Act of 1934 and rule ferred to the said joint application-decla [F.R. Doc. 67-2134; Filed, Feb. 24, 1967; 12f-l thereunder ,for unlisted trading ration, which is summarized below, for 8:47 ajn.] privileges in the common stocks of the a complete statement of the proposed following companies, which securities are transactions. [File Nos. 7-2648—7-2652] listed and registered on one or more The Connecticut Light and Power Co. GENERAL CABLE CORP. ET AL. other national securities exchanges: (“CL&P”), The Hartford Electric Light File No. Co. (“HELCO”), and Western Massa Notice of Applications for Unlisted Georgia Pacific Corp------7-2642 chusetts Electric Co. (“WMECO”) , all of Trading Privileges and of Oppor Massey-Ferguson, Ltd____ i ------_ 7-2643 which are electric-utility subsidiary tunity for Hearing Occidental Petroleum Corp—:------7-2644 companies of Northeast, have engaged SCM Corp______7-2645 the General Electric Co. (“GE”) , by con F ebruary 20, 1967. Scott Paper Co------7-2646 tract dated September 15, 1965, to design In the matter of applications of the Varian Associates______7-2647 and construct a nuclear electric generat Boston Stock Exchange, for unlisted Upon receipt of a request, on or before ing unit with initial net electric capabil trading privileges in certain securities. March 7, 1967, from any interested per ity of 550,000 kilowatts (“Plant”) on a The above-named national securities son, the Commission will determine 500-acre site in Waterford, Conn. exchange has filed applications with the whether the application with respect to (“Site”) . CL&P, HELCO, and WMECO Securities and Exchange Commission any of the companies named shall be (the “Owners”) will own the plant and pursuant to section 12(f) (1) (B) of the set down for hearing. Any such request site as tenants in common with undivided Securities Exchange Act of 1934 and should state briefly the title of the secu interests therein of 53 percent, 28 per Rule 12f-l thereunder, for unlisted trad rity in which he is interested, the nature cent, and 19 percent, respectively (“own ing privileges in the common stocks of of the interest of the person making the ership percentages”). The Owners are the following companies, which securi request, and the position he proposes to negotiating another contract with GE to ties are listed and registered on one or take at the hearing, if ordered. In supply initial fuel cores for the Plant more other n a t i o n a l securities addition, any interested person may sub and, after the Plant becomes operative, exchanges: mit his views or any additional, facts they will own and have available to them File No. bearing on any of the said applications amounts of the net electric capability of General Cable Corp------7-2648 ■the Plant which correspond to their re Lear Siegler, Inc______7-2649 by means of a letter addressed to the Smith Kline & French Laboratories— 7-2650 Secretary, Securities and Exchange Com spective ownership percentages. UMC Industries, Inc------;—------7-2651 mission, Washington 25, D.C., not later Pursuant to the terms of an operating Western Air Lines, Inc------7-2652 than the date specified. If no one re agreement dated June 30,1966, the Own Upon receipt of a request, on or before quests a hearing with respect to any ers have appointed Millstone as their March 7, 1967, from any interested per particular application, such application agent with authority to (1) act for them son, the Commission will determine will be determined by order of the Com in all matters respecting the design and whether the application with respect to mission on the basis of the facts stated construction of the Plant and the pro any of the companies named-shall be set therein and other information contained curement of fuel, materials, and supplies down for hearing. Any such request in the official files of the Commission and services for the Plant, (2) operate pertaining thereto. and maintain the Plant, (3) effect neces should state briefly the title of the secu sary renewals, replacements, additions, rity in which he is interested, the nature For the Commission (pursuant to dele retirements, and modifications to the of the interest of the person making the gated authority). Plant within certain specified limits, and request, and the position he proposes to (4) manage the Plant site. Millstone take at the hearing, if ordered. In addi [ sea l] O rval L. D u B o is, tion, any interested person may submit Secretary. will have sole authority to determine the his views or any additional facts bearing time and manner of operation of the [F.R. Doc. 67-2136; Filed, Feb. 24, 1967; Plant, but will use its best efforts to op on any of the said applications by means 8:47 a.m.] of a letter addressed to the Secretary, erate the Plant in accordance with good Securities and Exchange Commission, utility operating practices and such poli cies as may be established from time to Washington 25, D.C., not later than the [70-4447] date specified. If no one requests a time by the Owners. The Plant will be hearing with respect to any particular MILLSTONE POINT CO. AND operated by employees of Millstone, and application, such application will be de NORTHEAST UTILITIES all corporate, general, and other ex termined by order of the Commission on penses of Millstone as a separate corpo the basis of the facts stated therein and Notice of Proposed Performance of rate entity, together with other costs other information contained in the offi incurred by Millstone for the accounts of Plant Operating Agreement for the Owners in connection with, the de cial files of the Commission pertaining Associate Companies and Issue sign, construction and operation of the thereto. and Sale of Promissory Notes to Plant, will be reimbursed by the Owners For the Commission (pursuant to dele Holding Company by Subsidiary in proportion to their respective owner gated authority). Company ship percentages. [ sea l] O rval L. D u B o is, F ebruary 20,1967. The capitalization of Millstone pres- Secretary. Notice is hereby given that Northeast ently consists of capital stock i n the [F.R. Doc. 67-2135; Filed, Feb. 24, 1967; Utilities (“Northeast”) , 70 Federal stated amount of $15,000 and a promis 8:47 a.m.] Street, Boston, Mass. 02110, a registered sory note in the principal a m o u n t oi holding company, and its wholly owned $25,000, all of which securities are o w n e d [File Nos. 7-2642—7-2647] subsidiary company, the Millstone Point by Northeast. In order to m eet i t s antic Co. (“Millstone”), P.O. Box 270, Hart ipated capital requirements, M ills t o n e GEORGIA PACIFIC CORP. ET AL. ford, Conn. 06101, have filed a joint proposes to issue and sell from t im e Notice of Applications for Unlisted application-declaration and an amend time to Northeast for cash at th e pnn- Trading Privileges and of Oppor ment thereto with this Commission pur cipal amount thereof, and Northeas tunity for Hearing suant to the provisions of the Public proposes to acquire, additional notes no Utility Holding Company Act of 1935 exceeding $125,000 principal a m o u n t . F ebruary 20, 1967. (“Act”) , designating, to the extent appli All of the aforesaid notes will bear inter In the matter of applications of the est at a rate one-fourth of 1 percen Midwest Stock Exchange, for unlisted cable, sections 2(a) (19), 6, 7, 9,10,12(b), trading privileges in certain securities. (c), and (f), and 13(b) of the Act and above the commercial bank prim e ra FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3321 for short-term loans (currently 5% per For the Commission (pursuant to WMECO will apply the net proceeds cent) in effect from time to time in Hart delegated authority). from any permanent financing effected ford, Conn, (adjusted as of the date of [SEAL] ORVAL L. DUBOIS, before June 30, 1968, other than the announcement of any change in such Secretary. proposed Series F Bonds, in full or par prime rate) and mature on June 30,2006. tial payment of the proposed notes, and The notes may be repaid at any time [F.R. Doc. 67-2137; Filed, Feb. 24, 1967; the maximum amount of indebtedness without premium. Millstone proposes to 8:47 a.m.] which it may incur pursuant to this filing maintain its total capital at an amount after any such permanent financing will equal approximately to 2-months payroll [70-4453] be reduced by the amount of the net and other related expenses, but in no proceeds thereof, event more than $165,000. Since its cap WESTERN MASSACHUSETTS The filing states that WMECO intends ital requirements may vary from time to ELECTRIC CO. to use the proceeds from the sale of the time within the aforesaid limits, Mill Series F Bonds to pay bank loans, esti stone may reacquire notes theretofore Notice of Proposed Issue and Sale mated to be outstanding in the aggregate issued to Northeast, and thereafter re of Principal Amount of First Mort amount of $14,600,000, and to reimburse issue and sell such notes to Northeast gage Bonds at Competitive Bidding its treasury for construction expendi at the principal amount thereof, as may and Proposed Issue and Sale of tures. The proceeds from the sale of be required. Notes to Banks the proposed notes are to be used for It is estimated that the fees, com WMECO’s construction program, esti missions, and expenses which will be in F ebruary 16, 1967. mated at $26,634,000 from January 1, curred in connection with the proposed Notice is hereby given that Western 1967, to June 30, 1968, and for other transactions will total approximately Massachusetts Electric Co. (“WMECO”) , corporate purposes. $2,500. It is further stated that no con 174 Brush Hill Avenue, West Springfield, The application-declaration states that sent or approval of any State commis Mass., an electric utility subsidiary com the issue and sale of the Series F Bonds sion or any Federal commission, other pany of Northeast Utilities, a registered is subject to the jurisdiction of the than this Commission, is required in holding company, has filed an applica Department of Public Utilities of the respect of the proposed transactions. tion-declaration and amendments there Commonwealth of Massachusetts and However, Millstone expects to request the to with this Commission pursuant to the that no other State commission and no enactment by the Connecticut General Public Utility Holding Company Act of Federal commission, other than this Assembly during 1967 of legislation 1935 (“Act”), designating sections 6(a), Commission, has jurisdiction over the authorizing Millstone to exercise certain 6(b), and 7 of the Act and Rule 50 proposed transactions. It is further powers as an electric utility. If such promulgated thereunder as applicable to stated that no fees will be paid in con legislation is enacted, the approval of the proposed transactions. All inter nection with the proposed issue and sale the Connecticut Public Utilities Com ested persons are referred to the appli of notes and that expenses, if any, will mission may be required thereafter for cation-declaration, which is summarized be nominal. A statement of fees and the issue of additional notes. below, for a complete statement of the expenses incident to the issue and sale Notice is further given that any inter proposed transactions. of the new bonds is to be filed by amend ested person may, not later than March WMECO proposes to issue and sell, ment. 10,1967, request in writing that a hear subject to the competitive bidding re Notice is further given that any inter ing be held in respect of such matter, quirements of Rule 50 under the Act, ested person may, not later than March stating the nature of his interest, the $15 million principal amount of First 6, 1967, request in writing that a hear reasons for such request; and the issues Mortgage Bonds, Series F , _____ per ing be sheld in respect of such matter, of fact or law raised by said joint appli cent, due March 1, 1997. The interest stating the nature of his interest, the cation-declaration which he desires to rate of the bonds (which will be a mul reasons for such request, and the issues controvert; or he may request that he be tiple of one-eighth of 1 percent) and of fact or law raised by said application- notified should the Commission order a the price, exclusive of accrued interest, declaration which he desires to contro hearing in respect thereof. Any such to be paid to WMECO (which will be not vert; or he may request that he be noti request should be addressed; Secretary, less than 100 percent nor more than fied should the Commission order a hear Securities and Exchange Commission, 102% percent of the principal amount ing in respect thereof. Any such request Washington, D.C. 20549. A copy of such thereof) will be determined by the com should be addressed: Secretary, Securi request should be served personally or petitive bidding. The bonds will be ties and Exchange Commission, Wash by mail (airmail if the person being issued under the First Mortgage Inden ington, D.C. 20549. A copy of such re served is located more than 500 miles ture dated as of August 1, 1954, between quest should be served personally or by from the point of mailing) upon the ap WMECO and Old Colony Trust Co., Trustee, as heretofore supplemented and mail (airmail if the person being served plicants-declarants at the above-stated as to be further supplemented by a Sup is located more than 500 miles from the addresses, and proof of service thereof plemental Indenture to be dated as of point of mailing) upon the applicant- (by affidavit or, in case of an attorney declarant at the above-stated address, at law, by certificate) should be filed March 1,1967. WMECO also proposes to issue and sell and proof of service thereof (by affidavit contemporaneously with the request. At to two banks, from time to time prior to or, in case of an attorney at law, by any time after said date, the application- certificate) should be filed with the re declaration, as filed and amended or as June 30, 1968, its unsecured promissory notes in an aggregate maximum amount quest. At any time after said date, the it may be further amended, may be to be outstanding at any one time of application-declaration, as amended or granted and permitted to become effec $24,500,000, as follows: The First Na as further amended, may be granted and tive in the manner provided by Rule 23 tional Bank of Boston, $21 million, and permitted to become effective as provided in Rule 23 of the general rules and regu of the general rules and regulations New England Merchants National Bank of Boston, $3,500,000. Included within lations promulgated under the Act, or promulgated under the Act, or the Com the Commission may grant exemption mission may grant exemption from such said aggregate amount of notes are those notes which WMECO may issue pursuant from such rules as provided in Rules rules as provided in Rules 20(a) and 100 to the 5 percent exemptive provision of 20(a) and 100 thereof or take such other thereof or take such other action as it section 6(b) of the Act. Each note will action as it may deem appropriate. Per may deem appropriate. Persons who re be dated on the date of issue, will bear sons who request a hearing or advice as quest a hearing or advice as to whether a interest at the prime rate in effect at the to whether a hearing is ordered will re lending bank on such date and there hearing is ordered will receive notice of ceive notice of further developments in further developments in this matter, in after, will mature not more than 9 months after such date but in no event this matter, including the date of the cluding the date of the hearing (If later than June 30, 1968, and will be hearing (if ordered) and any postpone ordered) and any postponements thereof. prepayable at any time without penalty. ments thereof. FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3322 NOTICES For the Commission (pursuant to dele Whereas, after reading and evaluating Tariff—Supplement 77 to Southwest gated authority). reports of such conditions, I find that ern Freight Bureau, agent, tariff ICC the conditions in such area constitute a 4449. [ seal] O rval L. D u B o is, catastrophe within the purview of the By the Commission. Secretary. Small Business Act, as amended. [F.R. Doc. 67-2138; Piled, Feb. 24, . 1967; Now, therefore, as Administrator of [ seal] H . N e il G arson, 8:47 a.m.] the Small Business Administration, I Secretary. hereby determine that: [F.R. Doc. 67-2146; Filed, Feb. 24, 1967; 1. Applications for disaster loans un 8:48 a.m.] der the provisions of section 7(b) (1) of SMALL BUSINESS the Small Business Act, as amended, may be received and considered by the'Office [Notice 342] ADMINISTRATION below indicated from persons or firms MOTOR CARRIER TEMPORARY [Declaration of Disaster Area 599] whose property, situated in the aforesaid AUTHORITY APPLICATIONS county and areas adjacent thereto, suf- CALIFORNIA fered_damage or destruction resulting F ebruary 21, 1967. Declaration of Disaster Area from fire occurring on February 11, 1967. The following are notices of filing of O f f ic e applications for temporary authority Whereas, it has been reported that under section 210a(a) of the Interstate during the month of December 1966, be Small Business Administration Regional Office, 1015 Chestnut Street, Philadelphia, Commerce Act provided for under the cause of the eifects of certain disasters, Pa. 19107. new rules in Ex Parte No. MC 67 (49 damage resulted to residences and busi CFR Part 240) published in the F ederal ness property located in Riverside Coun 2. Applications for disaster loans un R eg ister, issue of April 27, 1965, effec ty in the State of California ; der the authority of this Declaration will tive July 1, 1965. These rules provide Whereas, the Small Business Adminis not be accepted subsequent to August 31, that protests to the granting of an ap tration has investigated and has received 1967. plication must be filed with the field other reports of investigations of condi Dated: February 20,1967. official named in the F ederal R egister tions in the area affected ; publication, within 15 calendar days Whereas, after reading and evaluating B ernard L. B o u t in , after the date notice of the filing of Administrator. reports of such conditions, I find that the application is published in the F ed the conditions in such area constitute a [F.R. Doc. 67-2126; Filed, Feb. 24, 1967; eral R eg ister. One copy of such protest catastrophe within the purview of the 8:46 a.m.] must be served on the applicant, or its Small Business Act, as amended. authorized representative, if any, and Now, therefore, as Administrator of the protest must certify that such service the Small Business Administration, I has been made. The protest must be hereby determine that: specific as to the service which such 1. Applications for disaster loans un INTERSTATE COMMERCE protestant can and will offer, and must der the provisions of section 7(b) (1) of consist of a signed original and six the Small Business Act, as amended, may COMMISSION copies. be received and considered by the Office A copy of the application is on file, below indicated from persons or firms FOURTH SECTION APPLICATIONS and can be examined, at the Office of whose property, situated in the afore FOR RELIEF the Secretary, Interstate Commerce said county and areas adjacent thereto, Commission, Washington, D.C., and also F ebruary 21,1967. suffered damage or destruction resulting in the field office to which protests are from floods and accompanying condi Protests to the granting of an appli to be transmitted. tions occurring on December 1, through cation must be prepared in accordance December 6,1966. with Rule 1.40 of the general rules of M otor C arriers of P roperty practice (49 CFR 1.40) and filed within O f f ic e No. MC 33298 (Sub-No. 1 TA), filed 15 days from the date of publication of sbruary 17, 1967. Applicant: SCHOCK Small Business Administration Regional Of this notice in the F ederal R eg ister. fice, 312 West Fifth Street, Los Angeles, RANSFER CO., INC., 655 Industrial Calif. 90013. L ong- and-S hort H aul oulevard, Kansas City, Kans. 66115. uthority sought to operate as a com- 2. Applications for disaster loans un FSA No. 40904—Beet or cane sugar on carrier, by motor vehicle, over der the authority of this Declaration will from Houston and Sugar Land, Tex. regular routes, as follows: Bottles, Filed by Southwestern Freight Bureau, not be accepted subsequent to August 31, lastic, in boxes, unitized, from Grain 1967. agent (No. B-8859), for interested rail alley, Mo., to Kansas City, K a n s . , for carriers. Rates on beet or cane sugar, Dated: February 16,1967. >0 days. Supporting shipper: dry, in bulk, in covered hopper cars, in •ial Plastic Corp., Post Office Box 205, B ernard L. B o u t in , carloads, from Houston and Sugar Land, lue Springs, Mo. 64015. Send protests Administrator. Tex., to Chicago, HI., and points grouped >: B. J. Schreier, District Supervisor, [P.R. Doc. 67-2125; Filed, Feb. 24, 1967; therewith. ureau of Operations and Compliance, 8:46 a.m.] Grounds for relief—Market competi iterstate Commerce Commission, lioo tion. . / ederal Office Building, 911 W alnut Tariff—Supplement 66 to Southwest [Declaration of Disaster Area 600] treet, Kansas City, Mo. 64106. ern Freight Bureau, agent, tariff ICC No. MC 125533 (Sub-No. 4 TA), filed PENNSYLVANIA 4514. ebruary 17,1967. Applicant: OEO^J^ FSA No. 40905—Coke and coke prod 7 KUGLER, INC., 2800 East W aterloo Declaration of Disaster Area ucts to points in southwestern territory. oad, Post Office Box 6064, Ellet Station, Filed by Southwestern Freight Bureau, kron, Ohio. 44312. Applicant’s, Whereas, it has been reported that during the month of February 1967, be agent (No. B-8953), for interested rail jntative: John P. McMahon, p°LUI^itri carriers. Rates on coke and coke prod enter, 100 East Broad Street, Colum- cause of the effects of certain disasters, us, Ohio. Authority sought to damage resulted to residences and busi ucts, as described in the application, in s a common carrier, by motor yen > ness property located in the town of carloads, from St. Paul, Minn., to points yer irregular routes, as follows: o - Lansford, Carbon County, Pa.; in Arkansas, Louisiana, Missouri, New uit and pipe attachments a/nd W Whereas, the Small Business Adminis Mexico, Oklahoma, and Texas. nd fittings therefor, from Rootstovm tration has investigated and has received Grounds for relief—Carrier competi 'ownship, Portage County, Ohi other reports of investigations of condi oints in North Carolina, and »out tions in the town affected : tion. FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 NOTICES 3323 Carolina, for 180 days. Supporting As provided in the Commission’s spe No. MC-FC-69423. By order of Feb shipper: Orangeburg Manufacturing Co., cial rules of practice any interested per ruary 16, 1967, the Transfer Board ap Division of The Flintkote Co., Ravenna, son may file a petition seeking reconsid proved the transfer to Floyd C. Hough Ohio. 44266. Send protests to: District eration of the following numbered pro ton, doing business as Floyd Houghton & Supervisor G. J. Baccei, Bureau of Op ceedings within 20 days from the date Son, Amsterdam, N.Y., of certificate No. erations and Compliance, Interstate of publication of this notice. Pursuant MC-71188, issued February 27, 1942, to Commerce Commission, 435 Federal to section 17(8) of the Interstate Com Floyd B. Houghton and Floyd C. Hough Building, Cleveland, Ohio. 44114. merce Act, the filing of such a petition ton, a partnership, doing business as No. MC 128881 TA, filed February 17, will postpone the effective date of the or Floyd Houghton & Son, Amsterdam, N.Y., 1967. Applicant: KYLE STREET AND der in that proceeding pending its dis and authorizing the transportation, over KALE STREET, a partnership, doing position. The matters relied upon by regular routes, of fresh meat, and pack business as STREET TRANSPORTA petitioners must be specified in their inghouse and dairy products, between TION COMPANY, Unicoi, Tenn. 37692. petitions with particularity. Amsterdam, N.Y., and Gloversville, N.Y., Applicant’s representative: Clifford E. No. MC-FC-69317. By order of Feb and, over irregular routes, household Sanders, 321 East Center Street, Kings ruary 16, 1967, the Transfer Board ap goods, between Amsterdam, N.Y., and port, Tenn. 37660. Authority sought to proved the transfer to John W. Wash points and places within 15 miles thereof, operate as a contract carrier, by motor ington, doing business as J. D. Trucking, on the one hand, and, on the other, points vehicle, over irregular routes, as follows: Mase Avenue, Dover, N.J., of certificate and places in Vermont, Massachusetts, Cinder blocks, clay and clay products, Nos. MC-1366, MC-1366 (Sub-No. 1), Connecticut, New Jersey, and Pennsyl shale and shale products, concrete and and MC-1366 (Sub-No. 2), issued March vania, traversing Rhode Island for oper concrete products, and mortar mixes, (1) 29, 1956, September 12, 1956, and March ating convenience only. Floyd C. Hough from Kingsport, Tenn.,. to points in Al 21, 1958, respectively, to Herman Condit, ton, Rural Delivery No. 5, Upper Church leghany, Bedford, Botetourt, Buchanan, doing business as Condit Trucking Co., Street, Amsterdam, N.Y. 12010, repre Bland, Carroll, Craig, Dickenson, Floyd, Dover, N.J., authorizing the transporta sentative for applicants. Franklin, Giles, Grayson, Henry, Lee, tion of: Pumps and pump supplies, from and to, or between, Rockaway, N.J., and [seal] H. N eil Garson, Montgomery, Patrick, Pittsylvania, Secretary. Pulaski, Roanoke, Russell, Scott, Smyth, points in Connecticut, Delaware, Massa Tazewell, Washington, Wise, and Wythe chusetts, New York, Pennsylvania, [P.R. Doc. 67-2148; Filed, Feb. 24, 1967; Counties, Va.; (2) from Kingsport and Rhode Island, Maryland, Virginia, Ohio, 8:48 a.m.] Johnson City, Tenn., and Groseclose, and West Virginia; box machines, be Va., to points in Bell, Breathitt, Clay, tween Rockaway, N.J., and points in Floyd, Harlan, Magoffin, Martin, Owsley, the New York, N.Y., commercial zone; Perry, Pike, Rockcastle, and Whitley steel products, between Rockaway, N.J., OFFICE OF THE SPECIAL REPRE Counties, Ky., and points in Fayette, and points in the New York, N.Y., com Logan, McDowell, Mercer, Mingo, Ra mercial zone, those on Long Island, N.Y., SENTATIVE FOR TRADE leigh, Summers, and Wyoming Coun and Bethlehem, Pa.; and household ties, W. Va.; (3) between Kingsport and goods, between Rockaway, N.J., and NEGOTIATIONS Johnson City, Tenn., on the one hand, points within 6 miles thereof, and points and, on the other, Richmond, Va.; (4) in Connecticut, New York, and Pennsyl Trade Information Committee from Kingsport and Johnson City, Tenn., vania. [Docket No. 67-1] to Louisville, Ky.; (5) between Kingsport, No. MC-FC-69382. By order of Feb Tenn., on the one hand, and, on the ruary 10, 1967, the Transfer Board ap RENEGOTIATION OF VENEZUELAN other, points in Alexander, Alleghany, proved the transfer to Deward R. Pug- TARIFF CONCESSIONS IN UNITED Ashe, Avery, Buncombe, Burke, Cald mire, doing business as Elko Transfer and STATES-VENEZUELAN TRADE well, Catawaba, Cherokee, Clay, David Storage, Elko, Nev., of certificate of reg AGREEMENT son, Davie, Forsyth, Guilford, Haywood, istration No. MC-120707 (Sub-No. 1), Henderson, Iredell, Jackson, McDowell, issued November 29, 1963, to Delbert E. Notice of Public Hearing Macon, Stokes, Surry, Transylvania, Paul, doing business as Elko Transfer Watauga, Wilkes, Yadkin, and Yancey and Storage, Elko, Nev., evidencing a Timetable. A. Requests to present Counties, N.C. The proposed operations • right to engage in transportation in in oral testimony must be received by Fri &re to be limited to a transportation terstate or foreign commerce correspond day, March 17,1967. service to be performed under a continu ing in scope to the service authorized by B. Written briefs must be received by ing contract, or contracts, with General the certificate of public convenience and Friday, March 24,1967. Shale Products Corp., Johnson City, necessity CPC A-833, dated September C. Hearing begins Wednesday, March Tenn., for 180 days. Supporting ship 12, 1960, issued by the Public Service 29,1967. per: General Shale Products Corp., Commission of Nevada. Ross P. Eardley, 1. Notice of public hearing. Pursuant Johnson City, Tenn' Send protests to: 469 Idaho Street, Elko, Nev., attorney for to section 3(b)(3) of Directive No. 1 of E. Gamble, District Supervisor, Bureau applicants. the Office of the Special Representative of Operations and Compliance, Inter No. MC-FC-69422. By order of Feb for Trade Negotiations (48 CFR 202.3 state Commerce Commission, 706 U.S. ruary 16, 1967, the Transfer Board ap (b) (3)) and upon its own motion pursu Courthouse, Nashville, Tenn. 37203. proved the transfer to Raymond D. Mc- ant to section 2(d) of its Regulations (48 Naughton and Clifford R. Carnahan, a CFR 211.2(d)), the Trade Information By the Commission. partnership, doing business as McNaugh- Committee (hereinafter referred to as *-SEALT H. Neil Garson, ton Transfer Co., Blairsville, Pa., of cer the Committee) has ordered a public Secretary. tificate No. MC-125454, issued February hearing to be held concerning the pro [FR. Doc. 67-2147; Piled, Feb. 24, 1967; 24, 1964, to Raymond D. McNaughton posed renegotiation of the schedule of 8:48 a.m.] and Twila S. McNaughton, a partnership, Venezuelan tariff concessions annexed to doing business as McNaughton Transfer the definitive trade agreement between [Notice 1481] Co., Blairsville, Pa., and authorizing the the United States of America and Ven transportation of toilet preparations, ezuela of November 6, 1939 (54 Stat. m otor c a r r ie r t r a n s f e r soap, and cosmetics, and related adver 2376), as amended by the agreement of PROCEEDINGS tising material, from Blairsville, Pa., to August 28, 1952 (3 U.S.T. (Pt. 3) 4198) points in Armstrong, Blair, Cambria, (hereinafter referred to as the Agree F ebruary 21,1967. Clarion, Clearfield, Fayette, Huntingdon, ment) . «J^nopses orders entered pursuant to Indiana, Jefferson, Somerset, and West 2. Subject matter of public hearing. 2 ? n 212(b) of the Interstate Com- moreland Counties, Pa. Earl R. Han The Government of Venezuela has re j and rules and regulations dler, Handler, Malcolm and Earley, Indi quested the renegotiation of Schedule I V escnoe(j thereunder (49 CFR Part ana Theater Building, Indiana, Pa. 15701, annexed to the Agreement, which con appear below: attorney for applicants. tains the concessions which were granted FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3324 NOTICES by Venezuela to U.S. products identified strict the time allotted for the presenta pages, a statement of the party’s posi therein. In recent years many of these tion of oral testimony. Any party whose tion and supporting arguments sufficient concessions have become inoperative, in request is denied will be notified of the to inform any other party of the argu whole or in part. It is therefore appro reasons therefor. ments he must meet in order to oppose priate to undertake the renegotiation of 5. Submission of written briefs. Any the position taken in the brief. Schedule I with a view to improving the interested party may submit a written 7. Public inspection of written mate present set of concessions, or replacing brief to the Committee concerning the rials. Subject to the Regulations of the them with a new set of concessions which subject matter of the public hearing. Committee, and in particular sections 7 will give greater recognition to changes Each party presenting oral testimony and 8 (48 CFR 211.7 and 211.8), all writ in United States export interests and de must submit a brief. All briefs must be ten materials filed with the Committee in velopments in the Venezuelan economy submitted not later than Friday, March connection with the hearing will be open since the Schedule was revised in 1952. 24,1967. to public inspection, by appointment, at In preparation for this renegotiation, Briefs must conform with the Regu the office of the Chairman, 1800 G Street it would be helpful to obtain views and lations of the Committee (48 CFR Part NW., Washington, D.C. 20506. Tran information on possible trade concessions 211). scripts of the hearing will also be avail that the United States might seek from 6. Information exempt from public in able for inspection, but not for repro Venezuela. Such concessions may be spection. Parties are referred to sec duction. Transcripts may be purchased those which would either assist present tions 7 and 8 of the Regulations of the from the official reporter. U.S. exports to that country, including Committee (48 CFR 211.7 and 211.8) for 8. Communications. All communica exports already subject to Schedule I the provisions concerning information tions with regard to the hearing should concessions, or which might be of value exempt from public inspection. be addressed to: Chairman, Trade In in developing future U.S. exports to that In particular, it should be noted that formation Committee, Office of the country. requests to present oral testimony should Special Representative for Trade Nego The present provisions of Schedule I, contain no confidential information, and tiations, Room 723, 1800 G Street NW., including a description of the articles that any requests marked “For Official Washington, D.C. 20506. covered by that Schedule, are reproduced Use Only” will not be accepted. In ad as an attachment to this notice. It dition, every written brief must present Louis C. K rauthoff II, should be noted that the present Vene in nonconfidential form, on separate Chairman. zuelan tariff now largely uses both dif D efinitive T rade Agreement betw een the United States and Venezuela of N ovember 6, 1939, ferent tariff numbers and different de as Amended by Agreement of August 28,1952 scriptions for these articles. SCHEDULE L 1 It is pointed out that the proposed re N ote: The provisions of this schedule will be interpreted as though they had been included in the current negotiation would involve only Schedule Venezuelan tarifilaw by an amendment to that law. I annexed to the Agreement and would not concern Schedule II, which contains Venezuelan' Rate of import duty per the tariff concessions granted by the customs 1 Description of article gross kilogram United States to Venezuela. tariff No. ! 3. Time and place of public hearing. 3-F Shellfish, canned------—...... — —------Bs. 2-00. The public hearing will begin on Wednes 7 Bacon______— 77______-— ------— ------Bs. 1.20. day, March 29, 1967. Information con 9-A Prepared milk (including evaporated, condensed, dried skimmed and Bs. 0.50. dried whole m ilk). cerning the place of the hearing may be 11 Cheese, Cheddar Type------¥ ------Bs. 1.00. obtained from the Chairman of the 12- C Chick-peas, peas, lentils and lima beans------Bs. 0.30. 13- B Apples, pears, grapes, and plums (fresh, frozen, or refrigerated)..------Bs. 0.10. Committee. N ote: This concession will be maintained for 3 years. There 4. Requests to present oral testimony. after, (he duty may be raised to 0.40. All requests to present oral testimony 14 Dried or dessicated fruits and nuts— i------Bs. 0.40. 15-A Fruits, canned or bottled (except tropical fruits, pineapples and citrus Bs. 0.90. must be received by the Chairman of the fruits) in light syrups with 20% to 50% sucrose or dextrose. 15-B Fruits, canned or bottled, in syrup (except tropical fruits, pineapples Bs. 1.00. Committee not later than Friday, March and citrus fruits) w ith more than 50% sucrose or dextrose. 17,1967. N ote; The descriptions given for items 15-A and 15-B do not ex Requests to present oral testimony clude those fruit mixtures in which tropical fruits, pineapples, and citrus fruits cannot be considered as the principal element in relation must conform with the Regulations of to the other ingredients. Bs. 0.01. the Committee (48 CFR Part 211). Re 22 Oats, including rolled oats...... ------23-A Barley, in kernels______— ------Bs. 0.10. quests shall be submitted in an original Barley, Pearled______—------Bs. 1.10. 23-B Bs. 0.16. and three copies and must include the 23-C Barley, m alt______—*■------Bs. 0.04. 27-A Wheat flour— — ------7- 7-7— ,--.— '..'------r following information: N ote: This concession will be maintained for 3 years. There (a) The name, address, and telephone after, the duty m ay be raised to 0.15. Bs. 0.15. number of the party submitting the 27-E Oat flour------\------—------Bs. 0.15. request; 29 Semolina_____ —------i------;------— ------Bs. 1.20. 36-A Bs. 0.80. (b) The name, address, telephone 36-C Preserves and preparations, canned or bottled: Podded vegetables, except kidney and black beans; asparagus, bean,-lentil, celery and number, and official position of the per mushroom soups; sauces and relishes, except those made of tomatoes son submitting the request on behalf of or those which contain tomatoes as the principal element in relation to the other ingredients;- and the following vegetables: artichokes, the party referred to in subparagraph sauerkraut, asparagus, Brussels sprouts and celery. Bs. 0.10. (a) ; 37-A Special foods for children and those for dietetic use, which do not contain cacao. . (c) A brief indication of the interest Candy and candied fruits (glacied, frosted or crystallized)...... - Bs. 4.50. of, and the position to be taken by, the 39-A Bs. 3.00. 53-C Whiskey (Bye or Bourbon types)------— ------Bs. 0.40. party; 57 Sterilized fruit juices and those frozen or concentrated (except tnose (d) The name, address, and telephone made from tropical fruits, pineapples and citrus fruits). Bs. 1.00. 66-A Sewing thread------—— ------% —s r r Bs. 15.00. number of the person or persons who will 99-B Corsets, girdles, suspenders, garters, and sanitary elastic Pelts toi present oral testimony; and cotton). Bs. 40.00. 143-B -1 Hosiery of pure silk car mixtures------v 7 7 7 - Bs. 16.00. (e) The amount of time desired for 143-B -2 Corsets, girdles, suspenders, garters, and sanitary elastic belts (01 the presentation of oral testimony. pure silk or mixtures). 159 Canvas tarpaulins (with or without eyelets)------H i 2 0 0 0 + 10% ad valorem. Each party submitting a request will 188 Furs and fur manufactures------—— ------—...... —------Bs. 1.20. be notified of the Committee’s disposi 208-A Hops— 7____¡:------— Bs. 0.02. 221 Unmanufactured rubber (except “camel back”)------Bs. 0.75. tion thereof. Each party whose request 224-F Rubber patches for repairing tires and tubes and emergency repair is granted will also be notified of the date kits consisting of patches, cement and buffer. on which he is scheduled to appear, the 1 It should be noted that the present Venezuelan tariff now largely uses both different tariff numbers amount of time allotted for his presen descriptions for these articles. tation, and the place of the hearing. The Committee reserves the right to re FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 schedule i 3— C o n tin u e d schedule i >—Continued Venezuelan/ Rate of import duty per Venezuelan Rate of import duty per customs I Description of article gross kilogram customs Description of article gross kilogram. tariff No. tariff No. 229 Cigarettes______Bs. 12.00. 321 Passenger automobiles with bodies: 230-B Sawn timber and rough lumber, measuring 25 centimeters or less in Bs. 0.15. -A Weighing not over 800 kilograms...... Bs. 0.55. thickness at both ends, including pitch pine, Ponderosa pine, sugar -B Weighing over 800 kilograms but not over 1400 kilograms...... Bs. 0.60. pine, Douglas fir, spruce, hemlock, redwood (Sequoia), cedar and -C Weighing over 1400 kilograms but not over 1600 kilograms...... Bs. 0.80. Southern cypress. -D Weighing over 1600 kilograms but not over 1700 kilograms______Bs. 1.00. 237-1 Ordinary wood manufactured in sheets of pressed fibers, for revet Bs. 0.16. -E Weighing over 1700 kilograms but not over 2000 kilograms______Bs. 1.40. ments or paneling and insulation. -F Weighing over 2000 kilograms...... Bs. 1.60. 243 W riting peper, not lined__ JU,______Bs. 0.90. N ote: W hen automobiles entering under this number (321-A, 244-D Paper for packing and wrapping: Waterproofed (transparent, opaque, Bs. 0.28. -B, -C , -D, -E , and -F) are imported packed in the usual reinforced white or colored). wooden cases, they will be dutiable under the weight group which N ote: The term “waterproofed paper” includes such papers as: corresponds to the net weight of the automobile, with a deduction of glassine, greaseproof, waterproof, cellophane, paraffin, waxed and 20% from the duty calculated on the gross weight of the package. varnished papers. N ote: The duties established for 321-A, -B , -C , -D , -E , and -F 263 M anufactured glass: do not cover tires or tubes. -A Laboratory utensils and apparatus (except large and small ampoules Bs. 0.05. -G Completely unassembled, unpainted: and tubes for tablets). ,-1 Weighing assembled not over 1800 kilograms...... Bs. 0.001: -B Nursing bottles_____-______-...... - ______—____ Bs. 0.10. -2 Weighing assembled over 1800 kilograms but not over 2000 kilo Bs. 0.05. -L Refractory,______Bs. 0.15. grams. 265-D Spectacles______,______Bs. 1.00. -3 Weighing assembled over 2000 kilograms.______Bs. 0.10.'' 296 Copper, Bronze. Brass: N ote: This description does not include tires or tubes; radios or -E Wire, cable or cord, uncovered______Bs. 0.002. other unessential accessories. The material used for upholstery -F Wire, cable or cord, covered______Bs. 0.002. which is imported at the same time must correspond exactly to the -a Pipes, joints. Valves. Unions, (polished or unpolished).______Bs. 0.10. number of vehicles making up each import shipment. ' -K Unspecified manufactures...... J...... Bs. 0.75. 322 Accessories for vehicles: 298 Iron and steel, semimanufactured: -A Wheels for rubber tires______Bs. 1.00. -H Galvanized sheets..______Bs. 0.05. -I Spring seats______Bs. 1.00. -J Tinplate in sheets...... Bs. 0.001. -O Automobile trunks______— Bs. 1.00. 303 Iron and steel manufactures, porcelain coated (except large and small Bs. 0.005. -P Automobile tops______:...... Bs. 1.00. tiles). -Q Fenders______l______Bs. 0.10. 305 Iron and steel manufactures, except ornamental, unpolished (galva -R Spare tire holders______1______Bs. 0.05. nized, tinplated or painted): -U Liquid for hydraulic brakes______...^ ______Bs. 0.25. -G Screws and bolts. Nuts. Rivets. Washers______Bs. 0.005. 323 Motorcycles______t ______Bs. 0.10. 317 Miscellaneous manufactures .- 324 Airplanes. Parts and accessories for airplanes, (among the parts and Bs. 0.001. NOTICES -B Locksmithing (locks with or without knobs or handles; padlocks; Bs. 1.00. accessories for airplanes are included: wings, steering gear, landing door latches; bolts; hinges). gear, propellers and precision instruments for use aboard the air -F Table flatware (in sets or separate pieces, of any ordinary metal or Bs. 0.005. plane), alloy, with or without handles of other material). 327 Miscellaneous vehicles: 319 Furniture of ordinary metals (except that of aluminum): -A Velocipedes______.: ______Bs. 0.40. -D Filing cabinets..______... ______,______Bs. 1.80. -E Pulled by mechanical traction: -E Unspecified______j . . . ______Bs. 1.80. -1 W ith body suitable for freight______Bs. 0.10. -I Beds of ordindary metals (with or without springs mounted in the Bs. 1.80. -2 W ithout body (with or without platform)______Bs. 0.005. same plane). -3 Suitable for living quarters...... Bs. 0.10. 320 Automotive vehicles: N ote: The duties established for 327-E-l, -2 and -3 do not cover -A Automobile truck and bus chassis, without bodies, but including Bs. 0.09. tires or tubes. chassis with cabs. 330 Radio receiving apparatus. Phonographs: -C Automobile truck chassis with bodies for freight, assembled______Bs. 0.10. -A Up to 10 kilograms net each______Bs. 1.00. N ote: The duties established for 320-A and 320-C do not cover -B More than 10 kilograms net each up to 25 kilograms______Bs. 2.00. tires or tubes. -C More than 25 kilograms net each up to 50 kilograms...... Bs. 3.50, -E Equipped as fire engines______Bs. 0.001. -D Over 50 kilograms______,______Bs. 5.00. Special types for passengers and for passengers and freight, except -E Accessories for radio receivers______Bs. 0.10. 1° buses: -F Accessories for phonographs______Bs. 1.00. -1 Weighing not oyer 1400 kilograms______Bs. 0.15. 330 bis Television receiving apparatus: - 2 Weighing over 1400 kilograms but not over 1600 kilograms______Bs. 0.25. -A Up to 50 kilograms net each______Bs. 1.00. -3 Weighing over 1600 kilograms but not over 1700 kilograms______Bs. 0.50. -B Over 50 kilograms net each up to 75 kilograms______Bs. 1.50. -4 Weighing over 1700 kilograms______i ______Bs. 1.00. -C Over 75 kilograms net each up to 100 kilograms...... Bs. 2.00. N ote: There are included under 320-G vehicles called “station -D Over 100 kilograms net each______Bs. 2.50. wagons”, “station sedans” and similar vehicles. -E Accessories and parts, unspecified...... Bs. 0.10. N ote: The duties established for 320-G-l, -2, -3, and -4 do not 332 Motion picture film: cover tires or tubes. -A Unprinted______Bs. 0.50. -H Completely unassembled, unpainted (except tires and tubes)______Bs. 0.001, -B Printed______Bs. 2.60. N ote: This item does not include unassembled passenger auto 333 Refrigerators: mobiles, which are specified under 321-G. -A Up to 100 kilograms net each______Bs. 0.20. -B Over 100 kilograms Up to 250 kilograms net each...... Bs. 0.30. -C Over 250 kilograms up to 500 kilograms net each______Bs. 0.50. -D Over 500 kilograms net each...... Bs. 0.40. 3325 FEDERAL REGISTER, VOL. 32, NO. 38— SATURDAY, FEBRUARY 25, 1967 3326 3326 s c h e d u l e i 5—Continued s c h e d u l e i 1—Continued Rate of import duty per Rate of import duty per Venezuelan Venezuelan Description of article gross kilogram Description of ârticle gross kilogram customs customs tarifl No. tarifl No. Transformers: Machines, instruments and scientific apparatus: Bs. 0.25. 336 Bs. 0.25. -B Up to 10kilogram s...... Bs. 0.20. -A For engineering, for medical and laboratory use, unspecified...... -C Up to 100 kilograms...... Instruments for the arts and crafts, unspecified...... —...... Bs. 0.001. Bs. 0.16. 337 Bs. 0.001. -D Up to 1000 kilograms...... Bs. 0.08. 338 Sewing machines------—------E Over 1000 kilograms...... 341 Photographic articles: Switchboards...... -— Bs. 0.20. Plates, film, sensitized paper and cardboard...... ------...... - Bs. 1.00. 403 Bs. 0.20. -A Bs. 4.00. 405 Electric batteries (and their parts). -C Photographic appaiatus. Photographic utensils, unspecified....— 406 Storage batteries and their parts: Lamps. Lanterns: Complete...------• Bs. 1.00. 342 Bs. 1.50. -A Bs. 0 .6 0 . -A Electric.— — ...... -...... -...... —— — ...... — -...... -B Cases...... —— ------— ■ Wick and pressure types...... — -...... -...... Bs. 0.40. Bs. 1.00. -B Bs. 0,10. -C PlSjtGS Bs. 0.50. 344 Typewriters. Accessories for typewriters, unspecified...... -D Tops, plugs and collar plates...... — ...... Calculating machines...... j ...... Bs. 0.30. Bs. 0.50. 345 Bs. 0.15. "E, Separators___....— ...... ------...... - Bs. 1.20. 345 bis Multigraphs and other duplicating apparatus...... —...... 408 Electric light bulbs— ...... —— ...... Parts and accessories forimultigraphs and other duplicating apparatus. Bs. 0.05. Accessories, unspecified, for electric in s ta lla tio n s...... ------BS. 0.45. 345 ter Bs. 1.50. 409 346 Cash registers.------—...... ------411 Artificial plastic materials, unspecified: 347 Weighing apparatus (except precision balances included under labora Unmanufactured, and those with a phenol base; of urea, of phthalic Bs. 0.05. tory apparatus): acid; and similar products (hardening or hardened resins). With maximum capacity not exceeding 1 kilogram...... Bs. 1.00. Coumarin resins and nonhardening artificial resins...... — Bs. 0.05. -A Bs. 0.30. Bs. 0.05. -B With maximum capacity not exceeding 30 kilograms...... 422 Transmission belting...... —-...... ——...... — ------With maximum capacity not exceeding 100 kilograms...... Bs. 0.20. Bs. 2.00. -C Bs. 0.14. 424 Pharmaceutical articles, unspecified...... -D With maximum capacity not exceeding 1000 kilograms...... 425 Articles for writing: With maximum capacity exceeding 1000 kilograms...... Bs. 0.08. Pencils, carbon pencils and crayons...... Bs. 0.25. ~E Bs. 0.001. 348 Motors and engines...... — ...... -...... -...... Machines and apparatus: Sparkplugs...... -...... —-...... Bs. 0.001. Textile machinery. Parts for textile machinery...... Free. 349 Bs. Ö.001. -C Free. 350 Steam boilers.------—...... — -D Earth-leveling equipment (aplanadoras). Tractors....— ------Hydraulic pumps. Cylinders for hydraulic pum ps...... Bs. 0.001. Electric or gasoline irons - ...... ------Free. 351 Bs. 0.001. -E Free. 353 Machine packing...... -—- ...... ----...... -—-...... -F Stoves (except coal-burning stoves). Water heaters. Ovens...... Machines and apparatus, unspecified: Free. 356 Bs. 0.50. -H For grinding corn or meat...... ——...... —- -A Machines weighing not over 15 kilograms...... - ...... Tools with handles: -B Machines weighing over 15 kilograms...... -...... Bs. 0.01. Ordinary machetes...... -...... v v Free. Bs. 0.50. Articles for breeding animals (Feeding troughs, stables, stable brushes, Free. Apparatus, unspecified, weighing not over 15 kilograms...... NOTICES -C Bs. 0.01. -D Apparatus, unspecified, weighing over 15kilogram s...... — manger cleaners, fodder-cutting machines, mechanical milking ma Spare parts and accessories unspecified for machines and apparatus. Bs. 0.05. chines, electric milk coolers, individual mangers and their accessories, -E B's. 0.001. -F Machines, apparatus and tools for drillings wells. Parts and acces hygienic sties, stable ventilating equipment). Articles for agricultural use; Parts for agricultural equipment (Pro Free. sories for the same. Bs. 1.95. 357 Pharmaceutical specialties, unspecified...... vided that Because of their nature they axe not susceptible of other 358 Pharmaceutical products: use, and it will be presumed, except when there is proof to the con Unspecified — ...... — — ------—- Bs. 1.95. trary, that the parts are of a kind adapted for use with agricultural Bs. 2.00. 359 Dentifrices...... — ...... —-...... ------—t— machinery when they are Imported in the original packing of com-' 367 panics specializing in their manufacture). S°Toilet soap (including shaving soap of all kinds)...... Bs. 4.00. Tractors, wheel or tracklaying type...... Free. -B Free. Varnishes.— -...... —— —...... ——— Bs. 2.00. 452 Plows of all kinds. Accessories for p lo w s....,...... — ...... - 370 Machinery, presses and utensils for printing and lithographic use ex Free. 371 Paints: Bs. 1.50. 458 -A Liquid, prepared in oil— — —...... -----...... -...... clusively. ■ Bs. 3.60. Equipm ent for the protection of human life: -B Prepared in varnish...... -...... —...... —...... -— ...... Bs. 3.00. 467 Free. -F Cellulose lacquers...... —— -A Life belts...... - ...... —...... ——— -...... —— ...... -— Industrial preparations: .. . , . . -B For workers, unspecified (except gloves)...... Free. For polishing or cleansing (except synthetic detergents)— ...... Bs. 0.60. -C Diving suits. Parts for sam e..,-— Free. ' -C B s-1-20. -H For dyeing or shining footw ear...... -.--..------—------— N ote: There are included in this classification clothing, shoes ana helmets for divers, and the tubing for supplying air. 394 Sporting goods: Free. Bathing suits...... ——...... j ...... j -- Bs. 1.20. -D -C Bs. 0.08. Lumber of white'pine,'’pitch'pine, and Douglas fir, sawn, measuring Free. -E Unspecified...... fe----- Bs. 0.04. 398 Electric p la n ts ...... — ...... ------more than 25 centimeters in thickcness at both ends. 399 Generators: Up to 10 kilograms...— ...... -—- ...... — Bs, 1.00. -A Bs. 0.25. [F.R. Doc. 67-2156; Filed, Feb. 24, 1967; 8;49 a.m.] -B Up to 100 kilograms...... -...... Bs. 0.10. -C Up to 1000 kilograms...... — ...... -...... Bs. 0.001. -D Over 1000 kilograms,...... FEDERAL REGISTER 3327 CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY 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 February. 3 CFR Page 7 CFR— Continued Page 10 CFR— Continued Page Proclamations : Proposed Rules—Continued P roposed R u l e s : 3765 ------1167 319______- 1181 30_____ 2575 3766 ______3131 330______2787 31 ______2649 3767 ______3133 729___ ¡«______2896 32______2575, 2649 3768 ______3135 813______1132 50______2821, 2851 Executive O rders : 814______2573 115___1______2821 822______2708 July 9, 1910 (revoked in part 908______2896 12 CFR by PLO 4159)______3021 qqi qrm 1------2499 May 11, 1915 (revoked in part 100lIIZ Z IIIIiril81, 2447, 2644, 2819 11___------3090 by PLO 4159)____ 3021 1002______2447, 2819, 2896 217______2428 10854 (seeEO 11326)______2841 1008______3156 11198 (modified by EO 11328) _ 3137 531______2366 1015______1181,2447, 2644, 2819 P roposed R u l e s : 11325 ------1119 1031 ______2573 11326 ___ 2841 1032 ______2573, 3298 10------2640 11327______2995 1034______2573, 3064 18------2640 11328 ___ 3137 1036______3156 509___ 2650 Presidential D o c u m en ts O ther 1038 ____ 2573 547 ------2654 Than P roclamations and E x 1039 ____ 2573 548 _ 2654 ecutive O rders : 1044 ______2573 549 ------2654 Letter of Feb. 1,1967...... 2493, 2495 1045 ______2573 550 ____ 2654 1047 ______1132 551 ------2654 5 CFR 1048 ______^______3156 566______2658 213..------2361, 2805, 2931, 3085, 3289 1049 ______2382 13 CFR 410------3085 1050______2573, 3298 531___ 3141 1051______2573 Ch. I------2377 752------3289 1062______2573, 3298 101------2377 171------3289 1063______2573,2644 107------— ______2769 831------2427 1064______1133,2573 121-----'_____------2564 1067 ______2573, 3298 P roposed R u l e s : 7 CFR 1068 __ 2573 121------2710 1070 ______2573, 2644 1 ...... —____ 2805 1071 ___ 2573 14 CFR 51—...... ____ 3213 1078—— ______2573, 2644 21------2999 81------2442 1079______2573,37__ 2644------3141 310______2883 1097 ------2573 39------2438- P ______2443 1098 ____ 2573 2440, 2775, 2807, 3048, 3091, 3218, 401------1123,1169, 2931 1099 ______2448, 2573, 2820 3291. J------1124 1102______2573 61— ------3000 JO------1124 1104______2573 71------____------2002, Jll------1124 1106------2573,2574 2368-2370, 2440-2442, 2615, 2775, 1108______2573 2808, 2884, 2939, 3048-3050, 3091, 1120______2573 3219. 1126 ------2573,2574 73----- 2002, 2370, 2699, 2775, 3092, 3219 S'" ------1124, 2603~ 2609, 2936, 3045 1127 ______2573 75------2002, 2442, 3092 2 .... ------1189 1128 ______2382 91------_____------2940, 3000 ...... 1169, 2997 1129 ______2573 95------3001 Rii------2500 > 1130______2573 97------2371, 2776, 3003, 3220 1132------2573 121------3223 Sä...... —------— 3045 1138------2573,2849, 3298 241------2808 ...... 2697, 2997 P roposed R u l e s : wi------3086 8 CFR ¡¡¡l------1125, 2444, 2805, 3046, 3289 25------_1_ 3226 212----- ___...... J______2500 37------3171, 3175, 3226 ÿl0~— ------2445, 242------2883 39------2382, O,, 2524> 2806, 2843, 3046, 3090, 3290 245------_____ 2883 j 2450, 2451, 2576, 2577, 2821, 2897, 9j,...... -...... - 2445, 2806, 3047 3063...... — 2445, 2806, 3047 9 CFR 61___------3171 901------2938 1------3270 71______2383 2— ------3270 2451-2453, 2578, 2649, 2650, 2709^ 991------2 9 3 9 3------3273 2787,2860, 2897, 2898, 3100-3102, 1001 ---- 1125 53__1...... 2427 3227,3228. 1002 ------2361 IO15...... 2362, 2807 97_------2843 73------2453,3103,3104 1032. 23 62 324 ------2769 75------2453, 2454, 3228 1049 2611 325 ------2769 91------2860 121______2860, 3226 1064 2 9 39 Proposed Rules : 1096 2 3 63 207 ------2821 76------2643 208 ------__------2821 1205 1125 203------j______2575 212------*_«______2821 142lZ...... - ...... 2698 10 CFR 214_____ 2821 Proposed R u l es:" 2883 221------2821, 2955 29— 50------2562, 3090 250------2955 2()i ------—————— 3226 70------2364, 2562 295------2821 ------2 6 « 115______2563 296a______2955 ...... __ 2642 140...... 2563 399...... 3170 3328 FEDERAL REGISTER 15 CFR Page 25 CFR pagß 36 CFR 11— ___ 1126 Proposed Rules: 202_ ___ 2814 52 ___ 3061 230. 2377, 2843 53 ___ 3062 38 CFR 602. ___ 2433 221______2849 ______2613 ______2815 16 CFR ______2429 26 CFR ______3096 13______- ______1170, 3214 2497-2499, 2884, 2885, 3050, 3051, Proposed Rules: 3225. 39 CFR 1__ 3155 15 1171,2844 2565 114______. . . . ______— 3018 302______2377 31. 46. 2565 126_____ 3018 Proposed Rules : 48. 2565 127— ______— 3057 602______1131 49. 2565 1 3 1 ______.______2703,2816 1 3 2 ______— 2703,3018 18 CFR 29 CFR 137______- ...... — 2703,2894 2844 141______2432 2— 3216 143 ______2895 141. 2845 io_. 3050 144 ______•______;___ 2703 260. 3292 548. 3293 155_____ r______2432, 2624 800. 2378 172 _ 3096 19 CFR Proposed Rules: 173 ______3294 i______3008, 3294 460______2708 224______3058 4 ______„ „ 3052 463— ______2709 271______3058 5 ______1176 Ch. V______2953, 3100 956______3143,3296 6 ______3294 608______2648 ___ 3008 8______-— 689______2648 41 CFR 10______2437 694______2820 1_1______|______2624 Proposed Rules: 1602______2852, 3100 1_2______2626 4______2819 1-12 ______2626 11______2819 4_1 ______1176 30 CFR ^ - 3 ______- 1177 53______2944 4_4 „ ___ _ 1177 20 CFR 4-5— III-II"- ______l179 i______2699 31 CFR 4-12______l179 255______3224 3056 4-16______405______1172 3_____ — 4-50______1180 610— ______3052 9-1______1------3146 611______3052 32 CFR 50-202______2431 614______3052 164______2772 101-7______3J48 Proposed Rules: 553______2886 ______2616 405______2688 591. l o i - i i ______h 3147 596______2622 101-20—______2432 597- ______2622 21 CFR 600- ______2623 42 CFR 3______S.______1172 602- ______2623 P roposed Rules: 18 ______1127 606______2623 3169 19 ______1127, 2611 706. ______2624 77______20 ______1128 713- £ __ 2525 25____ - ______H28 726. ______2846 43 CFR 31 1128,2940 818. ______;______2367 407 ______2774 37___— ______£ ______2941 837. ______3009 408 ______2774 45 _ 2893 841. ______3010 410-______2774 120 ______2611, 2893, 3092 908______2367, 3011 2774 121 ______1173 1001______3011 2774 2611, 2612, 2701, 2845, 2846, 2894 1004______3012 3098 2941-2943. 1007___ 3012 3059 146c______— 2894 1009______3012 3297 1481______— --- 1172 1053 ______— ------3017 3297 l48r______1172 1054 ______3018 3297 191______- ______2612 1622______2367 3297 Proposed Rules: 1643______— ______1130 Public Land Orders: 8______2645, 2646, 2897 684 (see PLO 4161)------3151 19 ______2646, 2647 32A CFR 1654 (revoked in part by PLO 27______2953 BDSA (Ch. V ): 4154)______—------3020 120______2647,2709 M-11A, Dir. 2______2886 2198 (revoked in part by PLO 141e______- H84 OIA (Ch. X) 4157)— ------146e„______H84 OI Reg. 1______H75 4152 ______4153 ______23 CFR 33 CFR ______255______2408 4155 ------64„ 3056 4156 ______Proposed Rules: 201. 3057 4157 ______255______2417, 2418 203. 3096 4158 ______207. 3057 4159 ------24 CFR 4160 ______6______3052 35 CFR 4161 ------3216 ______200— ______3092 61._____ FEDERAL REGISTER 3329 45 CFR Page 47 CFR— Continued Page 47 CFR— Continued Page 116 ...... 2742 5______Proposed 1129 Rules—Continued 117 ...... -...... 2753 13...... 2626 73______1135, 118 ______2758 21______2890 1136,2384, 2899, 3023, 3024, 3178 130...... 2946 23______2890 87______4 ______2899 402-...... 3 148 31______2628 89...... 3301 611-______3150 33 ______2635 91...... 3301 705...... 2848 34 ...... 2635 95_____ 3105 Proposed R u l e s : 35 ______2637 85...... 2448 64______2892 49 CFR 73 ______1129, 1130, 2890, 3150 74 ______2891 73------1180 46 CFR 81______2891 77______2818 43— ______3021 87______2891 131_____ 2701,3152 202..—'...... 2705 89______2891 135______3059 310______3022 91______2891 50 CFR Proposed R u l e s : ^ 93______2891 80______3153 95______2891, 2892 28------2892 540______3064 97______2891 32 _____ 3059 99______2892 33 ------1180, 47 CFR P roposed R ules : 2376, 2377, 2639, 2700, 2848, 2893, 0...... 2626 2______2899, 3105, 3301 2952, 3097, 3151, 3216, 3218. 1 ...... 2771,2890 21______2383. Proposed Rules: 2 ...... 2771 64...... 2384 32 1132 PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES CONTENTS • Messages to the Congress • Public speeches and letters • The President’s news conferences Ml PUBLIC PAPERS OF THE PRESIDENTS • Radio and television reports to OF THE UNITED STATES the American people Lyndon B. Johnson • Remarks to informal groups Containing tbt Public Messages, Speeches, and PUBLISHED BY Statements of the President Office of the Federal Register National Archives and Records Service General Services Administration ORDER FROM Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 PRIOR VOLUMES Volumes covering the administra tions of Presidents Truman, Eisen hower, Kennedy, and the first full Lyndon B. Johnson-1965 year of President Johnson are available at comparable prices from the Superintendent of Docu B o o k I (January 1-May 31, 1965) ment^, U.S. Government Printing Office, Washington, D.C. 20402. B o o k II (June 1-December 31, 1965)