FEDERAL REGISTER VOLUME 31 • NUMBER 218

Wednesday, November 9, 1966 • Washington, D.C. Pages 14375-14445 (Part II begins on page 14437)

Agencies in this issue— The President The Congress Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Housing and Urban Development Department Interstate Commerce Commission Land Management Bureau National Labor Relations Board Securities and Exchange Commission Treasury Department Detailed list of Contents appears inside.

No. 218—Pt. I----1 Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1966]

This useful reference tool is designed keep them, and (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains over 900 digests detailing the retention periods for the many types The booklet’s index, numbering over of records required to be kept under Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

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Compiled by 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

rrnrn « i h r r iO T r n Published daily, Tuesday through Saturday (no publication on Sundays, l l lll ll l l w f e n r l l l S I r K on the day after ^ oiflcial Federal holiday), by the Office of the Federal Regi^> ational 1 E«II Archives and Records Service, General Services Administration (mail address N Area Code 202 Phone 963-3261 Arc]lives Building, Washington, D.O. 20408), pursuant to the authority wntattea Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regiNations JP"****? J ^ ^ d e n t istrative Committee of the Federal Register, approved by the President (1 CFR Oh. I). Distribution is made only by P of Documents, U.S. Government Printing Office, Washington, D.O. 20402. oavable in The Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $5 per y , for advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 p g Documents, each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintenaem, o U.S. Government Printing Office, Washington, D.O. 20402. , ... . lir.ripr 5n titles, pur- The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is a * Qnnerintendent of suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by *** Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of ®ac" . regulations. There are no restrictions on the republication of material appearing in the F ederal R egister or the code Contents

THE PRESIDENT CUSTOMS BUREAU Notices Rules and Regulations Hearings, etc.: Atlantic Broadcasting Co. PROCLAMATIONS Vessels in foreign and domestic (WUST) and Bethesda-Chevy American Education Week, 1966_ 14379 trades; master’s certificate on Chase Broadcasters, Inc___ 14421 .Effective date of the Educational, preliminary entry of vessel___ 14394 Scientific, and Cultural Ma­ Branch Associates, Inc., and Notices Ascension Parish Broadcast­ terials Importation Act of 1966_ 14381 ing Co______14423 Disc brake pads from Canada; an­ City of Camden and L & P THE CONGRESS tidumping notice______14418 Broadcasting Corp______14423 FEDERAL AVIATION AGENCY Olmstead County Broadcasting Acts Approved------14433 Co., and North Central Video, Rules and Regulations Inc______14423 Airworthiness directives: Sports Network, Inc., and Amer­ EXECUTIVE AGENCIES Aero Commander (Meyers) ican Telephone and Telegraph Model 200 Series airplanes__ 14391 Co______14423 AGRICULTURAL STABILIZATION Boeing Model 707-300 and -400 AND CONSERVATION SERVICE Series airplanes______14391 FEDERAL HOME LOAN BANK Pilatus Model PC-6 Series air­ BOARD Rules and Regulations planes ______14392 Mainland cane sugar area, 1966 Vickers Viscount Model 744, Proposed Rule Making crop ; sugar commercially recov­ 745D, and 810 Series air­ Federal Home Loan Bank System ; erable ______14390 planes ______14391 maximum rate of return payable Wheat; county projected yields, Alterations: on certificate accounts______14415 1967 crop______14383 Control zone______- 14392 Federal Savings and Loan Insur­ Transition area______14392 ance Corporation; maximum Jet routes; realignment-______14393 AGRICULTURE DEPARTMENT rate of return payable on cer­ Proposed Rule Making tificate accounts______14415 See Agricultural Stabilization Service; Consumer and Market­ Airworthiness directives; Boeing FEDERAL MARITIME ing Service. Model 727 Series airplanes___ 14407 Alterations: COMMISSION Control zone______14408 Notices ATOMIC ENERGY COMMISSION Federal airway______14412 Manaco International Forwarders; Notices Federal airway and transition notice of compliance with order area------14408 to show cause______14424 Petitions filed : Restricted area.______14412 Jones Medical Instrument Co_14419 Transition area______14409 FEDERAL POWER COMMISSION Pyrotronics, Inc______14419 Transition area and control zone------14410 Notices CIVIL AERONAUTICS BOARD Filing of flight plans______14413 Hearings, etc.: Transition area, control zone, and American Gas Company of Wis­ Notices control zone extension; pro­ consin, Inc., et al______14424 Establishment of service rates for posed designation, alteration City of Hamilton, Ohio, et al__ 14424 certain mail______14419 and revocation______14410 Columbia Gulf Transmission Supplemental air carriers; future Transition area; proposed desig­ Co., et al______14424 authorization by exemption of nations (4 documents)_ 14407-14409, Consolidated Gas Supply Corp_ 14424 charter flights______« 14421 14411 Gillespie, H. M., et al______14424 Hearings, etc.: Lone Star Gas Co______14425 Deutsche Lufthansa Aktienge­ FEDERAL COMMUNICATIONS Northern Pump Co., et al_____ 14425 sellschaft (Lufthansa German COMMISSION Town of Napoleon, Ind., and Airlines) ______14419 Texas Eastern Transmission Novo Industrial Corp______14420 Rules and Regulations Corp------14427 “Hertz”; definition of term____ _ 14395 Transcontinental Gas Pipe Line Industrial radio services ; coopera­ Corp______14427 CONSUMER AND MARKETING tive use of radio stations in Woods Oil and Gas Co., et al___ 14427 SERVICE mobile radio service______14400 FEDERAL TRADE COMMISSION Rules and Regulations Radio broadcast services: Expanded use of UHF televi­ Rules and Regulations Cotton research and promotion sion channels ; Rosenberg, Administrative opinions and rul­ orders; establishment of refer­ Tex------14400 enda regulations ings; lifetime guarantees for ______14438 Table of assignments, EM aluminum siding______14393 Proposed Rule Making broadcast stations______14395 Rubber tire industry; rescission of Cotton research and promotion; UHF TV broadcast channel, trade practice rules______14394 Staunton, Va______14399 decision and referendum order Proposed Rule Making with respect to proposed order» 14441 Service of pre-designation amend­ Dried prunes produced in Cali- ments to applications______14394 Men’s and boys’ tailored clothing fornia; handling______14402 Proposed Rule Making industry; trade practice rule__ 14416 [ilk in certain marketing areas: Table of assignments: FISH AND WILDLIFE SERVICE Eastern Colorado et al______14407 Certain FM broadcast stations_14413 Rules and Regulations Northeastern Ohio et al______14403 Commercial UHF television St. Louis et al______14406 channel, New Orleans, La___ 14415 Agassiz National Wildlife Refuge, Tampa Bay______14403 Television broadcast station; Minnesota; hunting______14401 Washington, D.C., et al______* 14402 St. James, Minn______14414 (Continued on next page) 14377 14378 CONTENTS

HOUSING AND URBAN Notices NATIONAL LABOR DEVELOPMENT DEPARTMENT Applications under sections 5 and RELATIONS BOARD 210a(b) ______—— ------— — 14433 Rules and Regulations Notices Fourth section applications for • relief______14428 Ex parte communications; correc­ Acting Regional Director of Ad­ tion ______— ---— 14394 ministration, Region VI (San Motor carrier; Francisco) ; designation------14419 Alternate route deviation no­ tices ______14428 SECURITIES AND EXCHANGE INTERIOR DEPARTMENT Applications and certain other COMMISSION proceedings______14429 Notices See Fish and Wildlife Service; Intrastate applications__ 14432 Land Management Bureau. Temporary authority applica­ Marine Capital Corp.; notice of tions ______14432 application ------14427 INTERSTATE COMMERCE TREASURY DEPARTMENT COMMISSION LAND MANAGEMENT BUREAU See also Customs Bureau. Proposed Rule Making Notices Notices St. Louis, Mo.-East St. Louis, 111.; Idaho; proposed withdrawal and Commandant, U.S. Coast Guard; commercial zone------14417 reservation of lands------14418 delegation of authority------14418

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, 1966, and specifies how they are affected.

1060- 14407 12 CFR 3 CFR 1062- 14406 Proposed Rules: 3753 ------14379 1063- 14406 14381 526 ______14415 3754 ------1064- 14406 ____ _ 14415 1065- 14407 569 _ — - - 7 CFR 1066- 14407 14 CFR 728------14383 1067- 14406 14391.14392 14390 14407 39 (4 documents)— _ 833______— 1068- 71 (2 documents) ______14392 1205______14438 1069- 14407 ______14393 1070- 14406 75 ______P roposed R u l e s: Proposed Rules: _____ 14402 1071- 14406 993______14406 30______:------____ — 14407 1001______— 14402 1073- 71 (10 documents) 14407-14412 _____14402 1075- 14407 — _ 14412 1002-______14407 73______1003 ______14402 1076- 135 ✓ _____ 14413 _____ 14402 1078- 14406 1004 ______14406 1005 ______— — 14403 1079- 16 CFR _____ 14402 1090- 14403 ______14393 1006------1094- 14406 15______:------1008______14403 115______— _ 14394 _____ 14403 1096- 14406 1009______1097- 14406 P roposed Rules: 1011______14403 14403 419. _ 14416 1012 (2 documents) 14402,14403 1098- _____ 14402 1099. 14406 1013 ______14403 19 CFR _____ 14402 1101- 1015 ______14406 14394 1016 ______14402 1102. _____ 14406 1103. 14406 1031— ______1104- .14407 29 CFR 1032 ______14406 . 14407 103 14394 1033 _— — ------_____ 14403 1106. _____ 14403 1108. .14406 1034 ______— . 14407 47 CFR 1035 ______14403 1120. __ 14394 1125- .14407 i 1036 ______„ l — 14403 9 __ 14395 _____ 14406 1126. .14407 — — __ 14394 1038 ______1127. . 14407 1039 ______14466 14395,14309,14400 — 14403 ‘ 1128. .14407 73 (3 documents) — 1040 ------. 14407 QJ 14400 1041-______14403 1129. _____ 14403 1130. . 14407 Proposed Rules: 1043—- ______14413-14415 1044 ______14406 1131. .14407 73 (3 documents)---- ______14406 1132. . 14407 1045 ______. 14407 1046 ______14403 1133. 49 CFR _'l___ 14403 1134. . 14407 P roposed Rules: 1047— ______. 14407 __ 14417 1048 ______14403 1136 1 70 _____ 14403 1137. . 14407 1049 ______: 14407 50 CFR 1050 ______14406 1138 14401 1051 ______14406 1205. . 14441 32______Presidential Documents

Title 3— THE PRESIDENT Proclamation 3753 AMERICAN EDUCATION WEEK, T966 By the President of the United States of America A Proclamation America’s laws, her institutions, her wealth—all the treasures of our civilization—have been shaped not only by American will and ambition, but by American intellect. Without the creative spark of human imagination ; without trained minds and finely-trained men, none of our proudest accomplishments would have been possible. And what is true of our past is even more true for our future: better education must be the base on which we build all our other goals. Because we treasure trained intelligence as a precious national re­ source, we have begun a major effort to expand and improve our schools, colleges and universities. A greatly-strengthened Federal, State and local partnership is at work to serve our 56 million students—the three of every ten Ameri­ cans who are enrolled in school. ; F or fheir sake arid for the nation’s sake, —We are making improved education available to thousands of poor children, so that they need not be poor adults ; —We are increasing opportunities for vocational training to meet changing job needs in a technical age ; —We are helping physically and socially handicapped young people prepare for productive lives ; -W e are cooperating with the States and with private insti­ tutions to improve higher education, and to make it more widely available to deserving young citizens. But even these massive efforts are not enough. No programs of government, on any level, hold more promise for the future of our nation than those which advance thé cause of educa­ tion. The foremost goal of this Administration has-been to create a legacy of educational excellence. We shall continue to pursue that goal until our schools and universities are as great as human wisdom can make them, and the doors to our classrooms are open to every American boy and girl. American Education Week, 1966, should be a time for every Ameri­ can to commit himself anew to completing the unfinished business of American Education—and to developing new and more helpful ways to enrich the minds of our citizens in years to come. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate the period of November 6, through November 12, 1966, as American Education Week.

FEDERAL REGISTER, V O L 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14380 THE PRESIDENT * I call upon all the people of the United States to take an active part in the progress and improvement of American education. I ask the citizens of every community to seek every means of advancing the ex­ cellence of their schools and fulfilling the educational needs of their school children. I urge edupators and laymen to join in common diligence to strengthen our educational system at every level. Above all, I propose that we establish, as our great and immediate goal, the translation into complete reality of our long-cherished hope tor full and equal educational opportunity for all Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE on this twenty-sixth day of October in the year of our Lord nineteen hundred and sixty-six, and of the Independence of the United States of America the one hundred and ninety-first.

By the President:

Acting Secretary of State. [F.R. Doc. 66-12277; Filed, Nov. 8,1966; 12 : 44 p.m.]

FEDERAL REGISTER, VOL. 31, NO. 21 «— WEDNESDAY, NOVEMBER 9, 1966 THE PRESIDENT 14381 Proclamation 3754 EFFECTIVE DATE OF THE EDUCATIONAL, SCIENTIFIC, AND CULTURAL MATERIALS IMPORTATION ACT OF 1966 By the President of the United States of America A Proclamation WHEREAS Section 2 of the Educational, Scientific, and Cultural Materials Importation Act of 1966, approved October 14,1966 (Public Eaw 89—651), provides that the Act shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after a date proclaimed by the President, which date shall be within a period of three months after the date on which the United States instrument of ratification of the Agreement on the Importation of Educational, Scientific and Cultural Materials (commonly referred to as the Florence Agreement) shall have been deposited with the Sec­ retary-General of the United Nations; and WHEREAS such instrument of ratification was deposited with the Secretary-General of the United Nations on November 2, 1966 : NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes of the United States, including Section 2 of the Educational, Scientific, and Cultural Materials Im­ portation Act of 1966, do proclaim that that Act shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after February 1,1967. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this third day of No­ vember in the year of our Lord nineteen hundred and sixty-six, and of the Independence of the United States of America the one hundred and ninety-first.

By the President:

y j J U M . Acting Secretary of State. [F.R. Doc. 66-12278; Filed, Nov. 8, 1966; 12:44 p.m.]

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966

T4383 Rules and Regulations

adjusted average yield. If the 2-year Alabama—Continued Title 7— AGRICULTURE (1964-65) adjusted average yield was Projected Projected less than the 5-year adjusted average 1967 1967 Chapter VII— Agricultural Stabiliza­ yield in subparagraph (4) of paragraph County yield County yield tion and Conservation Service (b), no adjustment for trend was made, Crenshaw __ 26.3 Marengo ____ 24.3 (Agricultural Adjustment), Depart­ (2) the county adjusted average yields Cullman _ 26.5 Marion 30. 2 calculated under subparagraph (1) of Dale ___ 25.6 M a rsh a ll____ 31.8 ment of Agriculture D a lla s______27.7 Mobile 23.4 this paragraph above, were then De Kalb ___ 27.1 - Monroe SUBCHAPTER B— FARM MARKETING QUOTAS weighted by the 1967 county wheat acre­ 26.5 AND ACREAGE ALLOTMENTS Elmore ___ 25.0 Montgomery _ 23.6 age allotment to determine a national Escambia ____ 29.2 Morgan _____ 28.9 [Arndt. 5] weighted average of adjusted county Etowah ___ 25.5 Perry ___ 24.2 average yields, (3) the national weighted P a y e t t e _ 28.3 Pickens 26.3 PART 728— WHEAT average yield (paragraph (c) (2) ) was Franklin ___ 28.0 Pike . .. 25. 9 then divided into the national projected Geneva __ 24.0 R a n d o lp h __ 23. 9 Subpart— Regulations Pertaining to Greene _ . 24.9 Russell 24.3 Acreage Allotments, Yields, Wheat yield (less the adjustment required to Hale —_ 24.1 implement the 95 percent of the preced­ St. Clair_____ 26. 3 Diversion and Wheat Certificate Henry ___ 23.3 Shélby 25.5 ing year’s projected yield rule) to ob­ Houston ___ 25.3 Sumter 25.1 Programs for Crop Years 1966—T 969 tain a national adjustment factor. Each Jackson ___ 26.5 T a lla d e g a __ 24.9 county adjusted average yield (para­ Jefferson ____ 26.5 T a lla p o o sa _ 23.9 The regulations governing the 1966- Lamar 1969 wheat program, 31 F.R. 8758, as graph (c)(1)) was then multiplied by —- 28.0 T u sca lo o sa _ 25. 3 the national adjustment factor to obtain Lauderdale __ 30.2 Walker 28.3 amended, are hereby further amended the county preliminary projected yield. Lawrence _— 30.4 Washington _ 24.9 by adding a new section to read as fol­ For those counties where the yield so Lee ______24.3 Wilcox 21.8 lows: I Limestone __ 30.2 W inston ___ 24.9 computed is less than 95 percent of the Lowndes ___ 24.1 State check § 728.416a County projected yields for 1966 projected yield, 95 percent of the M a c o n __ —- 22. 6 y ie ld ___ 27.9 the 1967 crop of wheat. 1966 projected yield was substituted. Madison — 30.2 The weighted average of county prelim­ (a) A county projected yield has been inary projected yields became the 1967 Arizona determined for each wheat producing State check yield. Apache __ ___ 16.3 N a v a jo ______19.0 county in the United States for the 1967 C o c h is e _ —_ 40.8 crop, except for counties in Alaska, Ha­ (d) Projected county yield computa­ Pima ______38.1 tions made under the foregoing regula­ Coconino ____ 19.5 P in a l______44.6 waii, and New Hampshire, for which no Gila ...... ___ 33.8 Santa Cruz__ 35.7 apparent need for such yields exists. tions were then submitted to the State G rah am _ committees for their review and recom­ — 31.0 Yavapai 27.8 The county projected yield for 1967 was Greenlee ___ 35.7 Y u m a ______49.9 determined on the basis of the average mendations. State committees were au­ Maricopa ____ 50.2 State check of the yields per harvested acre of wheat thorized, where the situation warranted, M o h a v e _ ___ 27.0 y ie ld ____ 44.4 to recommend additional adjustments of for the county during each of the 5 cal­ Arkansas endar years, 1961 through 1965, adjusted county projected yields to compensate for abnormal weather conditions af­ for abnormal weather, trend, and sig­ Arkansas ___ 32.8 Lincoln 25.9 fecting such yields, for trends in yields, nificant changes in production practices Ashley ______25.4 Little River. _ 25.2 and for any significant changes in pro­ based upon specific and detailed knowl­ Baxter ______23.7 L o g a n ______25.2 duction practices. edge of yield conditions in local areas. Benton _____ 27.1 Lonoke 24.7 Upward adjustments in any county were Boone ______25.9 Madison 24.9 (b) In adjusting for abnormal weather Bradley ____ 14.0 Marion 19.6 conditions: (1) 80 percent of the 5-year required to be offset by downward ad­ justments in other counties to the extent C a lh o u n ____ 14.6 Miller ___ 21.5 period, 1961 th rou gh 1965 average C arroll______21.1 Mississippi_ 34.9 yield was substituted for each annual necessary to weight out to the State Chicot ...... 29.6 Monroe 32.0 yield less than 80 percent of the 5-year check yield. Yield adjustments recom­ Clark ______17.9 Montgomery _ 20.9 average, (2) 140 percent of the 5-year mended by State committees were sub­ Clay ------29.2 Nevada ______mitted to the Policy and Program Ap­ C leb u rn e___ 19.9 Newton 21.8 period, 1961 through 1965, average yield C leveland___ was substituted for each annual yield in praisal Division, Agricultural Stabiliza­ «... O u a ch ita ___ 17.5 tion and Conservation Service, for final C olum bia__ _ Perry ______20.6 excess of 140 percent of the 5-year aver­ approval. C o n w a y ____ 24.8 Phillips 32.6 age yield, (3) an average of the 5 annual Craighead i__ 30.6 Pike _____ yields, after adjustment as in subpara­ (e) The approved county projected Crawford ____ 29.4 P o in s e t t ___ 31.2 graphs (1) and (2) of this paragraph, yields determined on the basis of the reg­ Crittenden __ 32.8 P o l k ...... 23.3 was then obtained, (4) the “county ad­ ulations above, with such adjustments as Cross 29.1 P o p e ______23.1 justed average yield” would be the yield D a lla s______20.5 Prairie 24.1 were recommended by State committees D e s h a ______31.3 Pulaski 30.0 calculated under paragraph (3), but not and approved as provided in paragraph D rew ______27.4 R a n d o lp h __ less than the higher of the unadjusted 24. 7 (d) of this section are as follows: F a u lk n er__ _ 23.4 St. Francis__ 33. 7 5-year (1961-65) average yield or the un­ F r a n k lin ____ 26.2 Saline 18. 7 adjusted 10-year (1956-65) average yield. Alabama Fulton ______19.8 Scott 25.3 (Access to the 10-year average yield was Garland ____ 16.5 Searcy 17.4 confined to counties in those States where Projected Projected Grant 11.6 S e b a s tia n __ 27.9 1967 1967 Greene 27.4 S ev ier____ the unadjusted 10-year (1956-65) aver­ County yield County yield age yield, based on State SRS yield data, H em p stea d _ 30.0 Sharp 21. 0 Autauga ____ 26.5 Chilton _------24.7 Hot Spring__ 14.9 Stone 22.0 was equal to or higher than the 5-year Baldwin .------23.1 Choctaw ------20.4 Howard ______U n io n ______21.2 (1961—65) adjusted average yield.) ¿Barbour ___ 23.5 Clarke ------22.4 Independence. 31.2 Van Buren__ 20.6 (c) The adjustment for trend was. as Bibb ____ 24.8 C l a y ------___ 24.7 Izard 17.2 Washington _ 27.1 follows: (1) Each county adjusted aver- Blount ____ 25.7 Cleburne ____ 24.9 Jackson 29.0 W hite ...... 21.6 rff calculated under subparagraph Bullock _____ 24.5 Coffee ------26.4 J efferso n ___ 30.8 W oodruff___ 30. 1 Butler ____ 24.0 Colbert _------30.6 Johnson 28.8 Yell 26.0 Paragraph (b) was then aver­ Calhoun ____ 26.0 Conecuh aged with the 2-year (1964-65) adjusted ------25.1 Lafayette------24.9 State check Chambers ___ 24.3 Coosa ------24.0 Law rence___ 26.3 y ie ld ___ 30.5 average yield to obtain the county trend Cherokee ____ 27.3 Covington __ 25.9 Lee 29.2

FEDERAL REGISTER, V O L 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 No. 218—Pt. I-----2 14384 RULES AND REGULATIONS

California Florida Georgia—Continued Projected Projected Projected Projected Projected Projected 1967 1967 1967 1967 1967 1967 County yield County yield County yield County yield County yield County yield Alameda _. . . 30.8 R iversid e___ 21.0 Alachua ___ 19. 7 L ee______L anier_____ 27.1 Screven _____ 25.7 A lp in e __ 28.2 Sacram ento_ 42.2 Baker ______17.9 L e o n ______22.4 Laurens ___— 29.8 S em in o le ___ 28.9 Amador -- . . . 30.1 San Benito__ 28.8 Bay ------Levy ------24. 5 Lee ______30.2 S p a ld in g ___ 28.1 Butte __ 33.2 San Bernar- Bradford ___ Liberty ______21.0 L ib erty______20.4 S te p h e n s__ 28.5 Calaveras ... 21.4 dino __ __ 25. 6 Brevard ______M adison____ 23.7 Lincoln 28.7 Stewart, _ 29.8 Colusa . . . 35.3 San Diego----- 27.8 Brow ard_... ___ M anatee______L o n g ______■ 20.4 ‘ Sumter 31.6 Contra Costa- 48.7 San Francisco. ___ Calhoun 22.9 M a rio n _____ 24.9 LoWndes___ 27. 0 Talbot 27.5 Del Norte. __ ___ • San Joaquin_ 50.9 C h arlotte______Martin _____ Lumpkin ____ 25.2 T aliaferro__ 26.1 El Dorado. __ ___ San Luis Obis- C itru s______M onroe______McDuffie _ 24. 9 Tattnall 27.0 F r e s n o __ ... 46.1 po ------14. 8 Clay ------___ N a s s a u ______McIntosh ____ 20.4 Taylor______29.2 Glenn __ _ _ 29.0 San Mateo__ 18.9 Collier______O k a lo o sa ___ 28. 1 Macon ______32.6 Teifair 26.4 Humboldt ... 31.0 Santa Bar- C olum bia___ 23.8 Okeechobee_ ___ Madison _ 30.0 Terrell ______28.9 Imperial _... 60.4 bar a _ __ 18. 1 Dade ______O ran ge______M arion ______26.3 Thomas____ 29.2 Inyo __ 21.0 Santa Clara__ 24.2 De Soto______Osceola ______Meriwether __ 26.3 T i f t ______28.7 Kern __ _ ... 25.5 Santa Cruz_ D ix ie ______Palm Beach_ Miller _. __ 28.8 Toombs 27.1 Kings _ __ 48.5 Shasta _ _ __ 21.8 D u v a l______Pasco ______M itch ell____. 27.6 Towns _ __ 23.9 Lake __ — _ 27.9 Sierra . . . 19.4 E scam bia___ 27.1 Pinellas ____ M onroe___ __ 24. 1 Treutlen ___ 23.6 L assen___ __ 32.4 Siskiyou ___ 34.8 F la g le r _____ P o lk ______— Montgomery _ 24.9 Troup ____ 26.7 Los Angeles . . . 18.1 Solano ______41.4 F ran klin____ P u tn a m ____ M organ___ __ 25.5 Turner _____ 27.6 Madera __ 27.3 S o n o m a ____ 24. 7 Gadsden ____ 29.0 St. Joh n s.___ «_- M urray____ 25.3 Twiggs ------30.3 Marin _ _. . 22.4 S ta n isla u s__ 35. 0 G ilc h r is t___ 16.7 St. Lucie______Muscogee __._ 28.2 U n io n ______23.9 . . . 29.4 Sutter _ — 39. 1 Glades ______Santa Rosa__ 29. 8 N ew ton___ _ 24.5 Upson ______26.1 Mariposa _ ___ Mendocino . . . 30. 1 T e h a m a ____ 26. 3 Gulf ...... Sarasota ____ Oconee ____ 29. 2 W alker_____ 24.7 Merced ___ 38.8 Trinity _ _ _ 20.8 H am ilto n ___ 19.7 Seminole ______Oglethorpe ___ 28.3 Walton _____ 26.7 M odoc___ ... 46.6 Tulare __ __ 26. 7 Hardee _____ ;_1 : S u m ter_‘ __ 20.5 P a u ld in g _ ._ 22.8 Ware______21.4 M ono______19.8 T u o lu m n e__ 19.8 H en d ry______S u w a n n ee __ 17. 8 Peach ___ _. 33.7 Warren_____ 27.8 Monterey ____ 23.3 Ventura ___ 29.5 H ernando______T aylor______— P ick en s___ __ 25.0 W ashington_ 30.6 ___ 27.7 Y o l o ______41.7 H ig h la n d s___ U n io n ______— P ie r c e ______21.4 W ayne______21.4 Napa . . V o lu sia _____ — Nevada ______Yuba 29. 5 Hillsborough _ Pike ______28.4 Webster____ 26.5 Holmes — — 28.7 W ak u lla____ i___ Polk ______24.5 Wheeler . .. 26.9 Orange ____ 19.4 State check __ Walton _ 23.2 Placer _ _. . . 27.7 y ie ld ___ 28.4 Indian River. P u lask i___ — 34.2 White ______23.9 28.7 W ashington_ 20. 1 P lu m a s__ ___ 20.8 J a c k so n ___ Putnam __ 25.3 Whitfield___ 23.2 Jefferson ___ 21. 8 State check Q u itm a n _ ._ 30.2 W ilcox______26.7 Colorado Lafayette __ 17.1 yield ¡¿2_ 25.8 R ab u n ______23.4 Wilkes ______28.3 Lake ______— R andolph 24.8 _ __ 30.2 Wilkinson __ 26.1 A dam s------25.1 La Plata __ Richmond ___ 22.6 Worth _____ 27.1 Alamosa ___ 33.2 Larimer__ __ 25.1 Georgia 24. 5 Las Animas__ 14. 5 Rockdale __— 25.8 State check Arapahoe ___ Schley _ 30.1 yield ___ 28.6 A r ch u le ta __ 26.4 Lincoln _____ 20,7 Appling 27.8 Decatur ____ 27.1 Baca ______19.0 L o g a n ______21. 5 A tk in so n ----- 25.0 De Kalb______25. 9 I daho 21.0 Mesa ------31. 8 B a c o n ______28.5 D o d g e ______26.1 Bent ______A d a ______._ 51.9 Gooding____ 56.4 Boulder _ — 30.3 Mineral ____ Baker ______29.2 Dooly _____— 30. 0 23.7 B a ld w in ------23. 6 D ou gh erty__ 29.4 A d a m s___ __ 36.3 Idaho ______49.4 C haffee_____ 29. 2 Moffat ______28.4 Jefferson ___ 51.4 21. 7 M ontezum a_ 19. 8 B a n k s__ 26.9 D o u g la s____ 22. 8 B ann ock__ C heyenne___ Bear Lake.. _. 28.2 Jerome_____ 63.1 Clear Creek______M ontrose__ _ 36.1 Barrow _ 25.3 E arly______28.4 Bartow — — 23. 6 Echols ______21.4 Benewah ____ 50.1 K o o ten a i__ 39.3 Conejos ------31.8 Morgan ____ 23.3 53.7 Otero _ _ _ 35.9 Ben H il l ___ 26.3 E ffingham __ 23.5 B in g h a m _ ._ 50.6 Latah ______Costilla ____ 29.8 40.3 L em h i______50.8 21. 2 Ouray ------24.2 Berrien ------27.2 E lb e rt______29.6 Blaine ___ C ro w ley _— Boise ____ 36.3 Lewis ______56.2 Custer ------28. 6 P a r k ______Bibb _____ 31.4 E m a n u e l___ 26. 7 29.2 Evans ______25. 7 Bonner ____ ._ 31.2 L incoln_____ 55.7 Delta ______34. 6 Phillips __ — 26. 6 B leck ley ____ 37.4 ___ Pitkin ___ __ 33. 6 Brantley ----- 21.3 F a n n in ______22.2 Bonneville ___ 34.7 M adison------D e n v e r _____ Boundary_ _. 49.6 M inidoka___ 58.6 D olores__ __ 17.1 Prowers___ 22.6 Brooks ___ _ 27.3 Fayette ____ 23.3 22.4 Floyd ______25.3 B u t t e ____ . . 38.9 Nez Perce----- 52.4 D o u g la s____ 24.2 Pueblo ____ 21.5 B r y a n ___ __ 25.7 24.3 Bulloch _ 28. 2 Forsyth _____ 23.6 C am as______24.5 O n eid a _____ Eagle — ----- 39. 0 Rio Blanco__ Owyhee 68.0 Rio Grande__ 35. 5 Burke _ _ — 26. 1 Franklin ____ 27.7 Canyon ___ __ 68.0 ____ E lb e rt______20.9 P a y ette------55.6 18.0 Routt . . . 26.3 B u tts ______26. 9 Fulton ______26.3 Caribou ._ 31.2 El Paso___ ------27.1 F rem ont____ 26. 5 Saguache ___ 33. 4 Calhoun ____ 27.7 Gilmer ____ 23.4 Cassia __ ___ 38.5 Power San Juan___ C am d en ____ 20.4 G la sco c k ___ 25.3 C lark______30.2 Shoshone____ G arfield ____ 22.4 ___ T e to n ______31.4 Gilpin ------___ San Miguel_ 18.4 Candler _ — 30.0 Glynn ______20.4 Clearwater ___ 48.3 Gordon ______24.6 Custer ___ __ 51.4 Twin Falls— 67.0 Grand ______22.8 Sed gw ick___ 25.2 C a rro ll_____ 26. 5 25.2 __ _ S u m m it__ __ Catoosa ____ 23. 6 Grady ____ 27. 9 E lm o re___ ._ 35.8 V alley------G u n n iso n __ Franklin ____ 34.0 Washington — 38.2 Hinsdale ______Teller ______31.3 C h a rlto n ___ 20.4 Greene ______24.2 C h a th a m ___ 20.8 G w in n ett___ 26.9 F rem on t__ 38.4 State check H uerfan o___ 18.0 Washington _ 22.6 y ie ld ----- 41.5 Jackson ____ 23. 0 Weld _ . . . 23.3 Chattahoo- H abersham _ 25. 5 Gem _____ . . 52.4 ' __ _ ■' H a ll______23.6 J efferso n ___ 28. 8 Yuma ______23.0 chee _____ I llinois K io w a __ — 18.9 State check Chattooga ... 21.0 Hancock __ __ 27. 3 y ie ld __ 22.3 C h erok ee___ 23.4 H a ra lso n ___ 27. 7 Adams __ . . . 35.2 C o o k ------39.6 Kit Carson.__ 23.3 36.5 L a k e ______Clarke _ _ . 29. 3 H arris______24.9 Alexander _... 34.0 Crawford___ Clay ------26.5 H a rt______30. 6 Bond _ _ 36.5 Cumberland _ 42.2 Connecticut C la y to n __ __ 25.3 H e a r d ______27.3 B o o n e ___ . .. 38.0 De Kalb------41.2 Clinch ______20. 4 H en ry ______28. 7 B row n___ . . . 34.8 De W it t ------42.7 F airfield__ __ 30.6 New London_ _ Cobb ______23.0 Houston 33. (X. B u rea u ___ . .. 38.3 D o u g la s------43.4 H artford____ 30. 6 Tolland __ 30. 6 C offee______25. 3 Irw in ______26. 8 Calhoun ... 33.6 Du Page------41.1 L itch field___ 30. 6 W indham __ .. 30. 6 C o lq u itt____ 27.5 J a c k so n ____ 27.6 C a rro ll___ . .. 34.5 Edgar ------40.1 M iddlesex___ 30.6 State check C o lu m b ia __ 22.9 Jasper ______26. 7 Cass ___ _. _ 35.3 Edwards------34.7 New H aven.__ 30. 6 y i e l d ___ 30. 6 C o o k ______26.1 Jeff Davis___ 26. 4 Champaign __ 41.4 Effingham — 40.9 F ayette------37. 0 Delaware C ow eta______23.9 J efferso n ___ 29.8 Christian ... 41.6 C raw ford___ 31. 7 Jen k in s______23. 6 Clark ____ . .. 37.0 Ford ______39.4 29.3 K e n t ______33.4 State check Crisp ______29.3 J o h n so n _____ 24.1 Clay ------. .. 34.2 F r a n k lin ----- New Castle__ 34. 7 y i e l d ___ 33.7 D a d e ______20.6 J o n e s ______23.0 C lin ton___ ’ 35.1 Fulton _____ 34.6 Sussex ____ 32. 6 Dawson ____ 24.4 Lam ar______25.9 Coles ______41.1 G a lla tin ------36.1

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9 U 1966 RULES AND REGULATIONS 14385

I llinois—Continued I owa K ansas—Continued Projected Projected Projected Projected Projected Projected 1967 1967 1967 1967 1967 1967 County yield County yield County yield County yield County yield County yield Greene----- 35.8 Montgomery _ 38.3 A dair______24. 5 Jefferson____ 29.4 M orton_____ 21.7 Sed gw ick ___ 30.4 Grundy — 39.8 M organ_____ 38.9 Adams ______25.1 Johnson ____ 26.6 N em a h a ____ 30.6 Sew ard ___ 21.4 Hamilton ___ 33.0 Moultrie - ___ 41.1 A llam akee__ 28.0 Jones _____ 27.8 Neosho - _ 29.9 Shawnee ___ 28.9 Hancock — 34.0 O g le ------37.0 Appanoose__ 27.8 Keokuk _ __ 26.4 Ness ______21.7 S h er id a n __ 29. 1 Hardin — 26.3 P eo ria ______39.3 Audubon ___ 26.0 K o ssu th ____ 29.0 N o r to n ____ 25.5 S h er m a n ___ 29.6 Henderson _ ' 36.0 Perry------— 30.5 B e n to n __ ___ 31.9 L ee __ _ - _ 32.4 Osage _____ 29.2 S m ith ______25. 4 Henry------35.7 Piatt ______41.0 Black H aw k_ 29.6 L in n ______30.2 Osborne ___ 22.7 Stafford ____ 23.6 Iroquois — 38.3 Pike ______32.8 B o o n e ___ __ 27.3 Louisa ______35.0 O ttaw a___ 27.2 Stanton ____ 27.0 Jackson —_ 32.4 P o p e ______25.8 B rem er______30.0 L u c a s ------22.7 P aw nee____ 22.9 Stevens ____ 23. 5 Jasper------41. 2 P u lask i_____ 29.6 Buchanan __ 26.9 L y o n ______, 23.0 Phillips __ 24. 1 Sumner — 29.9 Jefferson ___ 31.4 Putnam ______39.8 Buena Vista __ 24.2 M adison____ 26.4 Pottawatomie!_ 27.7 T h o m a s____ 29.6 Jersey — i- 38.2 R andolph----- 33.0 Butler _____ 32. 1 M ahaska____ 29.0 P r a tt______23.4 Trego ______25.3 Jo Daviess—_ 31.5 R ic h la n d ___ 35.3 Calhoun _____ 32.2 Marion ______28.4 R a w lin s___ 28. 6 Wabaunsee — 28.1 Johnson — 26.1 Rock Island _ 32. 5‘ C a rro ll___ __ 30.6 M arshall____ 33.6 R e n o ______29.2 Wallace ____ 25.1 Kane ------41.1 St. Clair ___ 37.1 C ass______26.4 Mills ______26.2 ^Republic__ _ 27.3 W ashington _ 28. 7 Kankakee __ 38.9 Saline ______31.0 C e d a r ______30.0 M itch ell____ 25.6 Rice ______25.3 W ic h ita _____ 29.0 Kendall — 38.9 San gam on__ 41.6 Cerro G ordo_ 26.9 Monona _ _ 23.0 R ile y ______28.9 W ils o n ______30.8 Knox____ _ 37.3 S c h u y le r ___ 34.9 C h erokee___ 31.3 Monroe _ __ 24.0 R o o k s____ - 21.9 W o o d so n ___ 25.3 Montgomery _ 25.9 Lake — 5— 38.7 Scott _ ____ 34.6 C hickasaw __ 29. 6 Rush __ __ 21.2 W y a n d o tte_ 32. 8 La Salle_ __ 39.8 S h e lb y ____ 38.8 Clarke______25.6 Muscatine__ 30.8 R u ssell___ _ 20.6 State check Lawrence __ 35. 7 Stark _ ___ 38.0 C lay------35. 5 O’Brien __ __ 25.7 S a lin e _____ 29.4 y i e l d ___ 26.2 Lee ------40.2 Stephenson __ 32. 7 C layton___ 29.4 Osceola ------24.4 Scott ______31.3 Livingston _«_ 37.0 T a z e w e ll_— 37.7 C lin ton ____ 28.6 Page — — — 25.3 Logan____ 40.5 U n io n ______33.9 C raw ford___ 26.9 Palo A lto ___ 28.8 Kentucky McDonough _ 37.3 V e rm ilio n __ 40.2 D a lla s_____ 28.6 P lym ou th___ 23.3 McHenry_ 38. 6 Wabash _ _ _ 38.3 Davis _____ 28. 8 P ocah on tas_ 25.9 Adair _____ 26.9 Larue ______29.2 M cLean__ 41. 7 Warren _____ 39.1 Decatur _____ 25.3 P o lk ______29.3 Allen _____ 24.0 L aurel______24. 5 M acon__ _ 43. 6 Washington _ 35.3 D elaw are___ 33.6 P ow esh iek __ 27.0 A n derson__ _ 23.7 Lawrence___ Macoupin __ 39.8 Wayne ------32.4 Des M oines__ 36.2 R inggold____ 23.7 B allard ____ 31.4 Lee ______19.9 Madison__ 37. 9 White - ___ 35.3 D ickinson___ 21.3 Sac ______31. 5 Barren ____ 28.3 Leslie ______Marion ____ 36.3 W h ite sid e __ 36.4 D u b u q u e_— ‘ 31. 1 Scott ____ 30.6 B a t h ______24.3 L etcher______Marshall — 40.0 W ill______39.4 East Pottawat- Shelby __ — 30.3 B e l l ______Lewis ______23.7 Mason ___ 34. 6 Williamson __ 28.9 tamie _ _ __ 25.8 Sioux _____;__ 25.7 Boone _____ 25.8 Lincoln ____ 24.9 M assac___ 31. 2 Winnebago __ 33.7 E m m e t_____ 26. 0 Story _ ____ 31.9 B o u r b o n __ 30.8 L ivin gston__ 26.9 Menard ___ 37.9 W oodford------39.4 Payette _ _ - 35.2 T am a______25.1 B o y d ______23.4 Logan ______33.4 M ercer___ 33. 5 State check Floyd ______28.4 T aylor__ __ 25.3 Boyle ____ 25.0 L y o n ______28.1 Monroe___ 37.1 yield _ 37.4 F ran klin____ 28.6 Union __ _ _ 25.6 B ra ck en ___ 31.4 M cC racken_ 32.6 F rem ont____ 25.9 Van B uren__ 28.3 ___* I ndiana Breathitt __ » M cCreary___ G re en e ___ __ 23.5 Wapello _____ 28.8 Breckinridge 27.1 McLean _____ 27.9 A dam s___ 41.0 Madison ___ 40.9 Grundy __ _ 28.8 Warren __ __ 26.1 B u l l it t ____ 26.4 M adison_____ 28.5 Allen____ H 40.2 M arion_____ 37.2 G u th r ie ____ 25. 6 W ashington_ 30.0 Butler ___ 24.4 M agoffin______Bartholomèw _ 37.1 Marshall —_ 35. 1 H am ilton ___ 28.8 W ayne______25.8 C aldw ell___ 31.0 M a rio n __ ___ 28. 6 Benton___ 43. 0 Martin _ 34.3 Hancock ___ 25.8 Webster____ 30.6 C a llo w a y __ _ i 30.6 M arshall____ 28. 2 Blackford _ 38.8 M iam i______41.5 Hardin r __ 26.4 West Potta- C am p bell__ « 26.2 M a r tin ______Boone ____ 41.2 Monroe ______28. 6 H arrison__ __ 26.2 wattamie_ 25.8 Carlisle ___ 26.4 Masgn ______38.0 Brown____ 27.4 Montgomery _ 41.3 Henry _ __ __ 30.4 Winnebago __ 26.1 C a rro ll____ 27.3 M ead e_____ 28. 7 Carroll___ 1 42. 5 M organ______37.5 Howard - _ 25. 7 W inneshiek_ 28.8 C arter_____ 24.7 Menifee _____ Cass______40. 0 N ew ton_____ 41.8 Humboldt ___ 29.6 W oodbury__ 23.9 Casey ______24.7 Mercer 27.6 Clark _1 _ 34.7 Noble _— -- 34. 0 I d a ______—_ 25.9 W orth _____ 25.3 C h ristian __ _ 34.2 Metcalfe I ___ 25.7 Clay------37.0 O h io ______29.7 I o w a ______29.8 Wright — 27.4 Clark _ ;___ 30.6 M onroe______26.9 Clinton___ 41. 8 Orange _ _ 33.5 J a c k so n ____ 29.2 State check C lay------22. 7 Montgomery _ 28.1 Crawford__m. 27.3 Owen _____ 28.9 Jasper ______28.0 y ie ld ___ 26.8 Clinton ___ 26. 1 M organ______20.4 Daviess 40.0 Parke ____ 39.9 _ Kansas Crittenden __ 29.4 M uhlenberg_ 28. 5 Dearborn_ 29.3 Perry ______28.5 Cumberland 22.6 Nelson ______27.7 Decatur . 34. 2 Pike ______36.0 A lle n ______27.9 G rah am ____ 23.0 D a v iess___ 30.4 N ich olas____ 29. 8 De Kalb—__ 36.7 P orter______39.1 A nderson___ 28. 5 Grant _____ 27.7 E dm on son_ 21.1 O h io ______26.1 Delaware __ 39.2 Posey ______34.2 A tc h iso n __ _ 26.9 G r a y ------23.5 E llio tt______O ld h a m ___ 31.0 Dubois 33.0 Pulaski ______36.7 B a r b e r _____ 24.9 G r e e le y ____ 26.3 E s till______23.3 O w en______27.1 Elkhart - 33. 6 Putnam ____ 36.4 B a r to n ____ 21.3 G reen w ood_ 26.1 F a y ette____ 30.5 O w sle y ______Fayette 35. 5 Randolph ___ 38.9 B o u r b o n _— 26.0 H am ilton ___ 26.5 Fleming 27.5 P e n d le to n __ 24. 0 Floyd 31.0 R ip ley______31.2 Brown ------31.2 H arp er______27.5 F loyd ______« _._ Perry ______Fountain __ 40.4 R u sh ______33.7 B u tler______29.4 H a rvey___ __ 33.7 F r a n k lin __ _ 26.5 P ik e ______Franklin'_ 30.4 St. Joseph___ 33.8 C h a se ______29. 5 H ask ell_____ 24.5 F u lt o n ____ 34.7 Powell ______23.3 Fulton 35.1 S c o tt______30. 1 Chautauqua _ 32.2 Hodgeman__ 22.9 G a lla tin ___ 26.9 Pulaski 25. 7 Gibson_ 36.4 S h e lb y _____ 36. 0 C herokee___ 29.4 Jackson ____ 28.2 G arrard ___ 23.4 R o b ertso n __ 27.3 G rant_ 39. 7 Spencer ____ 34. 5 Cheyenne ___ 27.4 J efferso n ___ 25.3 Grant _ __ 28.6 R ockcastle__ 26.9 Greene _ 37.9 Starke _____ 31.4 Clark _____ 21.2 J e w e ll_____ 26.6 Graves ____ 34.4 Rowan 22.6 Hamilton _ _ 41. 1 S te u b en ___ 37.7 Clay ------— 27.3 Johnson _ __ 31.5 G rayson ___ 25.7 R u sse ll__ ___ 25.6 Hancock 39.0 S u lliv a n ____ 41.4 Cloud ___ 28.1 K earn y_____ 28.1 Green ______26.5 S c o t t ______28. 1 Harrison 31.0 Switzerland — 29.1 C offey_____ 28.3 K in g m a n ___ 25.3 G reenup___ 23.7 Shelby ■ 30. 2 Hendricks _-- * *41. 0 Tippecanoe __ 39.8 C om anche__ 19.2 Kiowa __ __ 22.1 Hancock __ 25.4 Simpson ____ 33.8 Henry _ 37.4 T ip to n _____ 44.2 C o w ley ______30.8 L a b e tte __ __ 31.7 H a rd in ____ 30.3 Spencer _ _ 26. 1 Howard _ 42.2 Union _____ 38.0 C raw ford____ 27.3 L a n e _ __ 27.0 H a r la n ______Taylor __ _ _ 27.4 Huntington -i.- . 41. 5 Vanderburgh _ 37.4 Decatur ____ 28.6 Leavenworth _ 28. 5 H arrison___ 28. 8 T o d d ______35.3 Jackson 32. 3 V erm illion__ 39.3 D ic k in so n __ 31.0 Lincoln _____ 25.5 Hart ______27.6 T r ig g ------32.4 Jasper 38.6 Vigo ------39.8 D o n ip h a n __ 30.2 * Linn — — 26.9 H enderson_ 36.9 Trimble ____ 32.6 Jay ______34. 7 W a b a sh ____ 37.8 Douglas _____ 29.9 L o g a n ______28.3 Henry 31.6 Union 35. 1 Jefferson _ 30.6 W arren_____ 40.3 Edwards ___ 22.6 L y o n ______26.7 H ic k m a n __ 33.8 Warren 32. 8 Jennings __ 31.4 W arrick___ 34.6 E l k ______27.0 ‘ M cP h erson _ 29.8 H o p k in s___ 29.2 W ashington_ 24. 9 .Johnson 40.9 Washington _ 31.9 E l l i s ______19.5 M arlon____ 30.6 Jackson 23.1 Wayne _____ 26.9 Knox _ 42.8 Wayne _____ 36.2 E llsw orth__ 24.5 Marshall___ 29.4 J e ffe r so n __ _ 33.4 W eb ster__ 29. 5 Kosciusko _ 34.4 W ells______41.7 F in n e y ___ __ 27.8 M eade______21.1 J e ssa m in e _ 25.2 W hitley ______Lagrange __ 32.4 W h ite ______43.2 F o r d ------23.1 M iam i___ _ 29.5 J o h n so n ______Wolfe ______19.2 Lake _ 42.6 W h itle y ____ 40.0 F r a n k lin ___ 27.8 Mitchell____ 25.7 Kenton 26.7 W o o d fo rd __ 31.3 La Porte 37.2 State check G ea r y ------32.4 Montgomery _ 32.6 K n o t t ______. State check Lawrence_ 30.2 y ie ld ___ 37.6 G o v e ______28.4 ■ Morris ____ 29.3 K n o x ______22.9 y i e l d ___ 30.9

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14386 RULES AND REGULATIONS Mississippi Louisiana Michigan—Con tin u ed Projected Projected Projected Projected Projected Projected 1967 1967 1967 1967 1967 1967 County yield County yield County yield County yield County yield County yield Adams -,------27.9 L incoln------23.6 A c a d ia ------20.9 Natchitoches _ 22. 5 C linton _____ 39.1 Marquette — 20. 8 34.0 Alcorn ------24.9 Lowndes _____ 24.5 A llen ------20.4 O rleans_____ —-- C ra w fo rd ____ 22 .7 M ason — M ad ison __ __ 29.8 26.2 2 0 .4 Mecosta _ __ 34.3 Amite ------23- 7 Ascension — J_ O u a ch ita ____ D e l t a ___ — A tta la ------29.4 M arion_____ 22.2 Plaquemines _ — Menominee _ 2 5 .6 Assumption — ___ Dickinson ,__ 20.8 B e n to n ------26. 5 Marshall ___ 26.3 Avoyelles _— 22.2 Pointe Cou- E a t o n ______38. 8 M idland ____ 39.1 M onroe_____ 27.0 21.7 Missaukee _— 31 .5 B olivar------29.6 Beauregard — __ p e e __ — E m m e t ______28 .8 Calhoun —-— 27. 5 Montgomery _ 25.9 • B ien ville------22.6 Rapides _ — 20.8 G e n e s e e _____ 36.3 M o n r o e ___- 37.2 N esh oba__ — 20.9 26.9 M ontcalm — 35.3 Carroll ------27.9 B o ssier------26. 2 Red River------G ladw in ____ 3 3.4 Chickasaw---- 23. 5 N ew ton------22.4 Caddo ______24.4 R ic h la n d ------23.1 Gogebic _ — 19. 7 Montmorency- 28.8 Noxubee_____ 26.9 — M u sk e g o n ---- 34 .8 Choctaw — .— 21.j2 C alcasieu----- 20.4 S a b in e ______Grand Claiborne - — 26. 3 O ktibbeha__ 20.8 C aldw ell___ - 26.2 St. Bernard__ — Traverse — 2 7.4 Newaygo ------3 3.8 P a n o la _—— 29.4 O a k la n d ____ 35.3 Clarke______22.2 C am eron ___ St. Charles__ G r a t i o t _- __ 41.0 Clay ______24.9 Pearl River__ 22.3 C atah ou la__ 24.4 St. Helena---- — H illsdale ____ 3 5.0 O c e a n a ______3 3.4 P erry______21.7 20.4 31.5 C oah om a------30.2 C laiborne___ 17.3 St. James___ H oughton — 2 2 .6 O g em a w ------Copiah :------23.4 Pike ______22.8 C on cord ia__ 25.0 St. John H uron _ — _ 41.5 Ontonagon — 18.9 C ovin gton ---- 24.7 P o n to to c ___ 25.6 De Soto_____ 21. 1 the Baptist - — I n g h a m _— 3 9 .6 Osceola _____ 30. 5 Prentiss —___ 24.9 18.7 28.8 De S oto-—- — 31.4 E a s t Baton St. Landry___ I o n i a ___ — 39. 6 Oscoda ______F o rrest______22. 6 Q u itm a n ___ 29.0 Rouge ------22.9 St. Martin__ ----- I o s c o ___ — 28 .6 O tsego — — 22.7 R an kin_____ 24.2 35.1 Franklin ------21.1 East Carroll — 25.8 . St. Mary------Iron ___ :------18.9 Ottawa — — G eo rg e------26.9 S c o tt______- 24.0 St. Tammany------27.1 East Feliciana- 21.8 Isabella ____ 36.2 Presque Isle— G reen e------S h ark ey___ - 30.8 E v a n g elin e_ 22. 5 Tangipahoa - Jackson ____ 34.5 Roscommon _ 31.5 Sim pson------22.8 41.0 G renada____ 24.9 F r a n k lin ___ 24.0 Tensas — — 24.9 K a la m a zo o _ 34. 8 Saginaw _ — H ancock______S m ith ______22.4 — 36.2 G r a n t______...__ T errebonne_ K alk ask a___ 17.5 St. Clair------.' H arrison------Stone ______I b e r ia ______Union ___ __ 20.4 K e n t ______34.5 St. Joseph___ 33.4 S u nflow er__ 29.6 38.1 H in d s ______27.7 Ib erville______V erm ilio n __ , 20.4 Keweenaw — ■__ — S a n ila c___ - H olm es______28. 2 Tallahatchie _ 29.6 Jackson ___ 18.3 Vernon _____ — Lake ------29.7 Schoolcraft — 18.9 Humphreys — 29.4 Tate ------— 30.2 J e ffe r so n __ * ___- Washington _ — Lapeer ------37.8 Shiawassee — 39.1 Issaquena — 29.6 T ip p a h _____ 25.5 Jefferson W eb ster------19.9 L eela n a u ___ 24.6 T u s c o la _— 41.0 Ita w a m b a ---- 27.9 Tishomingo _ 25.0 D a v is______19.4 West Baton Lenawee ___ 39.5 Van Buren __ 34. 8 J a c k so n ----- ~ , 24.4 T u n ic a ___ ,— 31.5 L a fa y e tte __ 20.4 R o u g e____ 22.4 Livingston — 35.9 Washtenaw — 37.8 Jasper______24.1 U n io n ______26.9 Lafourche — __ . _ West Carroll _ 24.8 L u c e ______18.1 W a y n e __ - - 32. 4 J efferso n ___ 25.9 Walthall ___ 21.9 La Salle___ - 21.9 West Felici- M ackinac___ 23.9 Wexford _ — 22. 7 Jefferson W arren------28.0 Lincoln ______a n a ______23.4 Macomb ----- 36. 6 State check D avis__ ,— 23.4 Washington 1 _ 30.2 L ivin gston---- ___ W in n ______— M a n iste e ___ 24.6 y ie ld _— 37.0 Jones ______26. 5 W a y n e _—— 20.3 Madison _•__ 26. 6 State check Kem per_____ 21.8 W eb ster____ 28.2 M o reh o u se_ 23.3 y ie ld ___ 25.3 Minnesota L afayette------25.2 Wilkinson __23.2 Lam ar------W in ston ___ - 22.7 M aine Aitkin _ ------19.8 Martin — _1 26.3 Y alobusha__ 24.7 M eek er------25.5 L aud erdale_22.0 Androscog- P en o b sco t__ 30.8 Anoka ___ - 22.5 Law rence___ 23.2 Y a z o o ______31.4 25.7 Mille Lacs__ - 22.2 30. 7 Piscataquis — — Becker ------State check g in ------M orrison ___ 20.2 L e a k e ______23.5 Sagadahoc — — B e ltr a m i___ 21.1 y ie ld ___ 30.1 A roostook ---- 30.8 27.4 L e e ------27.1 29.9 S o m erset___ 30.6 Benton __ — 22.4 Mower ___ — Leflore —----- 30. 6 Cumberland _ M urray______21.6 F r a n k lin ___ W aldo------31.0 Big Stone------21.5 26.6 Missouri Hancock ------____« Washington _ 30.7 Blue Earth __ 27.9 Nicollet ____ 23.7 Nobles — 23.0 K e n n e b e c __ 30.8 Y o r k ______' 30.8 Brown ------G rundy------26.9 C arlton__ — 20.9 N o rm a n ____ 27.8 Adair _------31.1 Knox ______State check Andrew ------27.7 Harrison ----- 28.6 ____ y ie ld ___ 30.8 Carver ------27.5 North St. Lincoln ____ L o u is __ - 23.7 A tc h iso n ___ 29.4 H en ry ------30.0 O x fo rd _1— —— C a s s ------20.2 Hickory —— 25.6 Chippewa — 21.8 Olmsted __ _ 28.8 Audrain —_— 34.2 P en n in gton _ 24.7 Barry _____ 28.9 Holt ------29.7 M a r y l a n d Chisago ____ 21.6 Howard ____ 31.4 27.8 P i n e ______20.4 Barton — 28.0 K e n t ______34.2 Clay ------H o w e ll------20.4 Allegany ------26.0 Clearwater — 22.9 Pipestone __ 21.3 Bates ______27.0 Anne Arundel- 21.8 Montgomery - 30.2 ____ 21.1 B e n to n ______26.8 Iron ______20.7 Cook ______- Pope _ _ — Jackson — — 32.7 Baltimore — 32.4 Prince Cottonwood _ 23. 4 Ramsey ____ — B o llin g er ___ 30.8 C alvert------23.3 G eo r g es__ 20.4 Red Lake_ _— 24.7 B o o n e ____ 31.8 Jasper------28.3 32.1 Crow Wing— 20. 6 Jefferson — - 28.9 C aroline____ 31. 5 Queen Alines- 26.0 R ed w o o d ___ 22.6 B u c h a n a n ___: 29. 7 St. Marys___ 24.0 D a k o ta _____ Joh n son ------26.9 C a rro ll___ - 31.1 Dodge ______26. 8 Renville — — 25.5 Butler ------34.9 C e c il______34.3 S o m erset___ 28.0 Rice ______26.1 Caldwell 30.4 Knox ------32.5 31.8 D o u g la s------23. 1 Laclede ------29.4 C harles------22. 8 Talbot ______24.7 Rock ------21. 7 C allaw ay------35.2 Washington - 29.5 East Otter Tail _ L afayette----- 31.6 . Dorchester_ 31.9 East Polk___ 27.3 Roseau _- 22.4 C am d en _____ 26.8 Frederick___ 28.5 Wicomico —_ 28.0 Scott _ ----- 26.9 Cape Lawrence — - 26.6 28.0 F a r ib a u lt__ 29.8 Lewis ------31.4 Garrett _ _ __ 29. 0 W o rcester__ 26.8 Sherburne__ 21.3 Girardeau _ 36.9 State check Fillmore _ _ _ Lincoln ------34.9 Harford ----- 36.3 F reeb o rn ___ 28.8 S ib le y ___ — 26.4 Carroll —s—— 31.6 Howard ------30.2 y ie ld ____ 30.5 Carter------28. 8 L in n ______31.1 Goodhue ----- 26.0 South Livingston — 30.6 St. Louis— — Cass ------27.5 M assachusetts G r a n t------24. 1 McDonald — 27.6 Hennepin — 24.5 Stearns _ — 22. 1 C ed a r------27.1 Middlesex — 29.7 C h a rito n ___ 33.2 Macon ------— 30.5 B arnstable__ —— Houston _____ 28. 5 Steele x------28. 4 M a is o n ------23.8 30.8 N a n tu ck et__ — 22.9 C h ristian___ 24. 5 B e rk sh ir e __ H u b b a rd __ - 20.2 Stevens ______Maries ------27.6 29.6 N orfolk______— 21.0 Clark ______30.3 B r is t o l__ - I s a n t i____ — 23.6 S w ift------M arion------32.1 D u k e s______P ly m o u th __ 28.9 Itasca ------20.9 Todd ------20. 7 Clay ------31.2 31.0 S u ffo lk ______Clinton _____ 30.5 M ercer------29.6 E s s e x __— - Jackson _ — 23.3 Traverse — - 22.7 M iller ______28.6 Franklin ___ 31.4 Worcester — 29. 8 Kanabec ------22. 5 W ab ash a------28. 9 Cole ------31.1 31.6 State check fcooper------33.5 Mississippi — 40.3 H a m p d e n __ Kandiyohi — 24.9 Wadena _ _ - 20.3 M oniteau----- 30.8 H a m p sh ire_ 30.8 y ie ld __ _ 30. 8 25.7 Waseca _ — 29.4 C raw ford___ . 28. 0 K ittson ------D a d e ____ 27.9 Monroe ------31.3 Koochiching _ 21. r Washington _ 26. e Montgomery - 35.2 M i c h i g a n Lac Qui Parle_ 20. 5 W atonw an__ 22.4 D a lla s___ 25.2 25.4 Daviess _____ 27.9 Morgan ------29.7 A lc o n a ______28.8 Benzie ------17. 9 L a k e ______West Ottertail New Madrid-- 38.8 West Polk------28,1 De Kalb_____ 30. 5 A lg e r __ — 2 3 . 4 Berrien _____ 3 3 . 6 Lake of D e n t ______- 23.6 Newton ------27.0 Allegan ------34.4 B ran ch ______3 3 . 4 th e Woods- 22.6 W ilk in ______25. r 'N od aw ay----- 29.4 27. 9 Winona __ — 28. ( D o u g la s-- 21.6 Alpena ------31.6 C alhou n____ 35.3 Le Sueur_____ D u n k lin ____ 35. 2 O regon ------26.7 Antrim __----- 26.5 C ass______32. 4 Lincoln _ - - 21.5 Wright — — 25.4 F ran k lin ____ 32. 8 Osage ...... ol a A r en a c ____ 33.4 Charlevoix — 24.9 L y o n ___ — 21.7 Yellow O za rk ------— 24.^ 26.7 Medicine _ 21. £ Gasconade — 30.5 B a r a g a _____ 25.6 Cheboygan — 22.7 McLeod _____ G en try _____ 29.4 P em isc o t----- 43. u C h ip p ew a ---- 22. 7 Mahnomen — 26.2 State check Barry ______35.1 G re en e __ 27.8 Perry— —— 35,8 Bay —------41.2 Clare ______33.4 Marshall ------28.0 y ie ld ------25. £

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14387

Missouri—Continued Nebraska—Continued New York-—Continued Projected Projected Projected Projected Projected Projected 1967 1967 1967 1967 1967 1967 County yield County yield County yield County yield County yield County yield P e t t is ___ 30.4 S c o tla n d ____ 27.7 Nance ______27.0 Seward .____ 26.1 St. Lawrence _ 31. 0 T o m p k in s__ 65. 9 Phelps ------29.7 Scott ______38.5 Nemaha ___ 28.0 Sheridan ___ 24.2 Saratoga ____ 31. 6 U ls te r __ __ _ 29.1 Pike ------31.9 S h a n n o n ___ 24.8 Nuckolls ___ 26.2 Sherman ___ 25.9 Schenectady _ 29.7 W arren______• P la tte ___ 31.1 S h e lb y ------31.1 Otoe _ __ — 28.3 Sioux ______24.8 S c h o h a rie __ 28. 7 Washington _ 29. 4 Polk — ------28. 2 "Stoddard <___ 36. 8 P a w n e e _— _ 27.9 Stanton ____ 27.2 Schuyler - __ 31.4 Wayne _____ 35. 2 Pulaski ------24.1 Stone ______24.2 Perkins _ ___ 25.1 Thayer - _ 26.5 Seneca __ _ 36.9 Westchester _ 29. 5 P u tn a m ____ 26.9 Sullivan j.__ _ 29. 6 P h e lp s __ _ _ 25.9 Thomas _— _ 14.1 S te u b e n ____ 33.0 Wyoming___ 35. 7 R alls____ 31.4 T a n e y ______21.8 Pierce _ _ ___ 27.0 Thurston ___ 26.0 Suffolk _ ____ 35.9 Yates ______* 3 6 . 3 R a n d o lp h __ 3 2.6 Texas ______; 25. 8 Platte 27.9 V a l l e y _____ 27.5 Sullivan _ _ 29. 8 State check Ray ______1 32.8 V ern on _____ 28. 7 Polk ______28.4 Washington _ 27.9 Tioga ______30. 7 yield _ __ 36.0 R ey n o ld s___ - 26. 4 Warren ____ 35.3 Red Willow. 27.6 W a y n e _ _ _ 26.5 Ripley----- 22.1 Washington _ 32.2 Richardson — 29.0 Webster ____ 22.2 North Carolina St. Charles___ 37.0 W a y n e ______26.3 Rock ____ — _ 18.0 Wheeler __ __ 19.6 A la m a n c e __ 27.9 Jones __ _ _ 3Î. 8 St. Clair____ 26.1 W eb ster_____ 21.8 Saline - _ 26.5 York _ ___ 27.0 A lexan d er__ 25. 7 Lee _ _ __ 27.5 St. Francois _ 33.4 Worth ______26.0 Sarpy ___ 28.1 State check Alleghany ___ 29.4 Lenoir 33.0 St. Louis_ 36.5 W r ig h t_____ 24.8 Saunders _ 28.2 yield ___ 25.7 Anson .... 24.5 Lincoln _____ 28. 3 Ste. Genevieve 35. 6 State check Scotts Bluff-_ 26.2 Ashe ______28.6 McDowell __ 26. 6 Saline______30.4 y ie ld ___ 31.3 Nevada Avery _ ____ 26.2 Macon ______24.9 Schu yler _ 30.3 B e a u fo r t___ 31.5 Madison__ __ 24. 7 C h urch ill___ 46.1 Mineral_____ 29.9 Montana Bertie ______33.1 Martin _____ 34.9 Clark ______30.1 Nye _ _ — 31.1 Bladen __ 31.7 25.4 D o u g la s Ormsby Mecklenburg _ Beaverhead_ 28. 7 M ea g h er___ 27.0 __ __ 38.7 36.1 B r u n sw ick _ 29.5 M itch ell____ 19.2 Big H orn___ , 27.5 Mineral ____ 29.3 E lk o ______38. 7 Pershing _ 61.4 B uncom be__ 27.6 Montgomery _ 22. 8 Blaine ____ _ 20. 4 M isso u la ____ 30.2 E sm eralda__ 36.1 Storey __ _ 36.1 Eureka Burke ______25. 0 Moore ______22.4 Broadwater_ 27.4 Musselshell __ 26. 0 29. 8 Washoe 35.2 Cabarrus ___ 25.1 H u m b o ld t__ 48.5 White Pine__ Nash _ ___ 32.6 Carbon____ 28.5 Park ______27.3 30.6 Caldwell ___ 28.0 New Hanover- 29.4 Carter _____ 17. 7 P etroleu m __ 23. 4 Lander _ _ . ■ 38. 5 State check Lincoln _ __ Camden ___ 37. 5 Northampton 29,8 Cascade____ 30.5 Phillips ____ 21.9 33.4 y ie ld ___ 46. 8 Carteret . .. Lyon _ __ 49.9 33.5 Onslow _____ 28.3 C h outeau__ 30.0 Pondera .__ !_ 31.0 Caswell ____ 25.5 C u ster___ _ Orange _ 28. 6 23.5 Powder River_ 22.3 New Jersey * Catawba __ 28. 8 P a m lic o ____ 35.5 Daniels__ ___ 21.4 Powell ______32.4 C h a th a m ___ A tla n tic ____ 31.4 Monmouth _ 34.0 24.9 Pasquotank _ 36. 1 Dawson ____ r 19.2 Prairie ______22.3 C h erokee___ 22. 6 Pender _____ Deer L odge_ 52. 6 Bergen ____ 30. 6 Morris _ ___ 30.6 29.0 R a v a lli______34.0 C h o w a n _____ 35. 5 Perquimans _ 37.9 Fallon______16.8 B u r lin g to n _ 34. 6 Ocean __ 31. 8 R ic h la n d ___ 21.5 Clay __ ___ 22. 6 Person ______24.5 Fergus ______28. 8 R o o s e v e lt__ 21. 2 C a m d en ____ 34.0 P a ssa ic ___ __ 30.6 Flath ead___ Cape May___ 31.1 S a le m ______36.1 Cleveland *,__ 25.9 P i t t ______35.7 41. 8 Rosebud ___ , 24. 9 C o lu m b u s__ 30.0 Polk ______25. 1 Gallatin ___ 34.7 S a n d e rs____ 26. 5 Cumberland _ 35.9 Somerset ___ 30.2 Garfield____ Essex 30. 6 S u ssex______33.7 C ra v en __ __ 34.5 Randolph___ 25.5 19. 6 S h erid a n ___ 24. 6 Cumberland _ 27.4 Richmond Glacier_____ , 28.6 Gloucester ___ 34.6 U n io n _ 29.6 __ 23.5 Silver Bow__ 20 1 C u rritu ck __ 34.8 Robeson ___ 28.4 Golden Valley 25.4 S tillw a te r __ 27 9 Hudson ____ Warren __ _ 36.3 H unterdon__ 32. 1 State check Dare ______Rockingham _ 26.8 Granite _____ 31.3 Sweet Grass_ 23 0 D a v id so n ___ 25. 5 Rowan ____ 28.1 H ill...... 21.2 T e t o n ______29. 2 Mercer 33.6 yield ____ 33.6 Jefferson___ M iddlesex___ 33.8 Davie ______28.3 Rutherford __ 27.8 24. 0 Toole ______20. 8 D u p lin ______S a m p so n ___ Judith Basin _ 27.5 30.0 30.1 Treasure ____ 28. 7 New Mexico Durham ___ 28. 9 S c o tla n d ___ 29.0 L ak e______32.7 Valley ______21. 8 Lewis and 24 ft B e r n a lillo __ 19.9 Otero ____ 35.7 E dgecom b e_ 32.8 Stanly ______24.3 W h e a tla n d _ F o r s y th __ __ 26. 1 Stokes ______25. 7 Clark ___ _ 26.9 Wibaux _____ 19. 3 Catron _ __ 29. 6 Quay — ----- 17.5 Liberty_____ C h a v es_____ 35.0 Rio Arriba___ 14. 2 F ranklin____ 27. 1 Surry ______29.2 20.9 Yellowstone _ 30 2 G a sto n __ ___ S w a in ______19.4 Lincoln ____ 26.1 State check C olfax____ 21.0 R oosevelt___ 19.9 26.3 C u r r y ...... 29. 0 S a n d o v a l___ 19.7 Gates ______32. 2 Transylvania _ 26.5 McCone ____ 20. 6 y ie ld ___ 24 6 T y r re ll______Madison____ 29. fi De Baca _ _ 30. 9 San Juan___ 29.2 G rah am _____ 17.5 34.9 Dona Ana___ 34.0 San Miguel__ 22. 2 G ran ville___ 24.2 U n io n ______27.3 Nebraska E d d y ______35.9 Sante Fe___ 21.6 G reen e______35. 6 Vance ______23.6 Grant 36. 1 Sierra 32.7 Guilford ___ 27. 0 W a k e ______27.8 Adams ______24. 0 23.9 Guadalupe _ 17.1 Socorro . 17.5 Halifax 31.0 Warren _____ 23.2 A ntelope___ 26.0 25.2 Harding ____ 14.5 Taos ...... 26.6 Harnett 30.0 Washington _ 35.9 Arthur__ _ 17. 7 26.9 Hidalgo __ _ 41.0 Torranc'e___ 16. 0 Haywood ___ 26. 1 W a ta u g a ___ 28.5 Banner_____ 25.9 26.9 Lea ______19. 3 Union ..... 21. 3 H en d erso n _ 27. 6 W a y n e ______34.2 Blaine ______22.3“ Lincoln 18.7 Valencia ...... 23.8 Hertford ___ 31.0 W ilk e s ___ __ 28.3 Boone______27.3 Gosper 24.7 Luna - __ __ 34. 7 State check H o k e ______26. 5 W ils o n ______35.8 Box Butte__ _ 26.3 Grant _ M cK inley___ 14.0 y i e l d ___ 22. 7 Hyde ------33.2 Yadkin 26. 5 Boyd------20.4 Greeley 25.9 M ora______23.0 Iredell 26.8 Y an cey__ ___ 24.9 Brown______22. 5 24. 5 Jackson 23.9 State check Buffalo_____ 25. 2 New York H am ilton ___ 24. 4 J o h n sto n ___ 31.2 y ie ld ___ 27.9 B u r t------29.1 26.2 Albany __ _ _ 27. 7 J efferso n ___ 32.1 Butler _____ 29. 0 24. 7 Allegany ___ 30. 7 Lewis ______31.0 North Dakota Cass ------29.6 H itch co ck __ Broome ____ 24.8 32.3 L ivin gston__ 35.5 Adams __ __ 20.1 Griggs ------28. 3 Cedar------20.5 17.9 Cattaraugus _ 31.4 Madison ___ 35. 1 Chase______23.9 Barnes __ __ 24.8 Hettinger __ 21. 5 H ook er______14.4 Cayuga „ __ 37.8 Monroe . 36.9 Benson _ __ 26.7 K id d e r __ __ Cherry_____ 22.1 H oward_____ 20.1 25.2 . Chautauqua - 33.5 Montgomery _ 32.0 B illin g s _____ 20.5 La Moure___ 21.0 C heyenne__ 25.6 J efferso n ___ 26.3 C h e m u n g __ 31.2 Nassau ___ 31.9 Clay ___------25. 9 Bottineau ,__ 28.9 Logan _ _ _ 17.1 26.8 Chenango __ 35.5 New York B o w m a n __ 19.1 M cH en ry___ Colfax ______29. 4 K earn ey____ 24. 3 23.2 Clinton 25.8 C ity ------B u r k e ______27.2 M cIntosh___ 17. 1 Cuming ------29! 1 Keith ______26. 2 C o lu m b ia __ 30.1 Niagara __ _ 36.9 Custer ------25.3 Burleigh ___ 20.8 M cK en zie__ 22. 3 Keya Paha__ 20. 1 C o rtla n d ___ 36. 1 O n eid a ______36.1 Cass _ __ 26.7 McLean _ __ 27.3 Dakota_____ 26.9 23.0 D elaw are___ 30. 2 Onondaga __ 36.7 Dawes------25.3 C avalier__ __ 30.2 M ercer_____ 23.2 K n o x ______24.2 Dutchess___ 30.2 Ontario 37.7 D ic k e y __ __ 20.4 Morton 22. 5 Dawson_____ 24. 3 Lancaster___ 28. 5 Erie ______35. 1 Orange 30.3 D eu el______27.2 D iv id e _____ 25.7 M o u n tra il__ 27.8 22. 6 Essex ______36. 1 Orleans ..... 39.1 Dunn D ixon_____ 2 24! 9 22.0 N e ls o n ______32.0 Logan 23.1 F r a n k lin ___ 25. 8 Oswego 33.9 E d d y ______25.0 Bodge ------28.4 O liv er______21. 2 26.0 Fulton . 27. 7 Otsego _ __ 34.3 Emmons ____ 18.3 P e m b in a ___ 27.3 Douglas____ 28.3 McPherson 19. 5 Genesee 38.3 P u tn a m _____ D u nd y------25.2 F o ster______26.3 Pierce ______24.9 27.6 Greene 29.2 R ensselaer__ 29.7 Golden Valley 22.3 Ramsey _____ 30.0 Fillmore___ _ ¿ q, q 23.8 H am ilton______R ich m o n d __ Franklin___ 22.5 Grand Forks- 30.2 Ransom ___ 21.0 24.1 H erkim er___ 33. 6 Rockland %___ 27.4 G r a n t______19.0 R e n v ille ____ 29.2

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14388 RULES AND REGULATIONS South Carolina—Continued North Dakota —Continued Oklahoma—Continued Projected Projected Projected Projected Projected Projected 1967 1967 1967 1967 1967 1967 yield County yield County yield County yield County yield County yield County Calhoun — 32.2 Lancaster___ 27.1 Richland — _ 23.5 Tow ner------28.7 O klah om a__ 28. 5 Sequoyah —— 28.9 Charleston — 28.9 L a u ren s____ 27.3 Rolette ___ 26.9 Traill ______30.0 Okmulgee — 24. 5 Stephens —— 26.7 Sargent _ —_ 22.4 W a lsh ______30.4 Osage ______30.0 Texas ____ 17.5 C herokee___ 24.1 Lee ------30.4 _ 22.4 W ard______29.2 Ottawa ----- 30.4 Tillman — 28.3 Chester ----- 25.1 L ex in g to n __ 25.6 S h erid a n __ M cCorm ick_28.1 Sioux ______19.2 Wells ------26 . 3 Pawnee ____ 29. 0 T u ls a ____ 29.8 Chesterfield_26.1 Slope ------_ 19.6 W illia m s__ _ 24.1 Payne ____ 27.9 W a g o n er_— 27.5 Clarendon 27.5 M arion_____ 28.6 Stark __ — 21.5 State check P ittsb u rg ___ 23.0 Washington 29.4 Colleton ___ 26. 2 M arlboro__ 26.4 S te e le ______30.8 y ie ld ___ 25.0 P o n to to c ___ 25.1 Washita —__ 23. 3 Darlington __ 29.2 Newberry___ 31.6 Stutsman ___ 22.4 Pottawatomie. 27.7 Woods _— 23.4 D illo n ______28. 7 O con ee_____ 22.6 Pushmataha _ 26.5 Woodward _— 19.9 Dorchester ~ 27.7 Orangeburg_28.0 Ohio Roger Mills.- 19.4 State ' check E dgefield------28.8 P ickens_____ 21. 5 Fairfield____ 27.5 R ich la n d ___ 30.0 _ 25.6 Logan — - 36.0 Rogers ------29.2 yield __ — 24. 5 A dam s_____ S a lu d a _____ 29.4 A lle n ______36.8 L orain______34.0 S em in o le___ 25.2 F lorence____ 27.0 31.4 L u c a s __ 1___ 37.6 Georgetown_22.0 Spartanburg _ 25.5 A sh la n d ___ Oregon _ 33.6 M adison_____ 36.3 G reen ville__ 25.8 S u m ter___ _ 27.3 Ashtabula U n io n ______21.8 Athens ___ 28.0 Mahoning — 34.9 35. 5 46.2 Greenwood — 28.3 37.2 Marion _ — 36.3 Lincoln ------H am p ton ----- 29.5 Williamsburg. 27.1 Auglaize - Benton ____ 47.5 Y o r k ______25.8 B elm o n t___ 31.0 M ed in a_____ 32.6 Clackamas — 47.5 L in n ______43.0 H o rr y ______,2 9 .8 24.9 Meigs ------26. 6 ___ Malheur ___ 59. 5 Jasper____ C 28. 6 State check B r o w n ___ Clatsop ____ y ie ld ___ 27.2 Butler — 30.4 M ercer------37.0 C o lu m b ia __ 42.2 Marion _ _ - 52.6 K ershaw ____ 27.9 C arroll____ 30. 6 M iam i----- — 37.5 Coos ------____ Morrow ____ 28.7 South Dakota Champaign 38.0 Monroe — __ 26.7 Crook ------54.0 M ultnom ah_ 45.3 Clark _ 37.9 Montgomery _ 33.8 Curry .______Polk ______51.9 Aurora — - 18.2 Jerauld___ 15.5 C lerm on t_ 27.5 M organ------27.7 D e sc h u tes__ 43.2 S h er m a n ------34.3 Beadle — - 14.9 Jones ------23.2 Clinton __ 33.4 Morrow ___ 31.3 D o u g la s___ 31.5 Tillamook — Bennett ___ 28.3 K ingsbury__ 16.7 Columbiana 33.2 Muskingum — 27.8 Gilliam — 30. 6 U m a tilla ___ 36.7 Bon Homme— 17.0 L a k e ___ - 18.0 Coshocton _ 28.6 N ob le___ 28.0 G r a n t------27.1 Union ____ 43.6 Brookings — 17.7 Lawrence----- 20.8 Crawford — 34.7 O tta w a __ __ 36. 6 H arn ey___ - 20.0 W allow a____ 38.7 B row n______17.9 L incoln------18.2 Cuyahoga_ 31.6 P a u ld in g ___ 33.5 Hood River---- 25.0 W asco_- -- 34.2 Brule ------20.9 L y m a n __ - 24.7 D a r k e ------37.1 Perry _ — — 28.0 J a c k so n __ __ 38.4 W ashington_ 55.2 Buffalo — - 19.0 McCook _ __ 18.5 Defiance __ 34. 5 P ickaw ay----- 32.6 J efferso n ------53.0 W h eeler___ 32. 1 B u t t e ------18. 5 M cP herson_ 15.3 D elaw are_ 32.4 P ik e ______27.3 J o se p h in e __ 35.0 Yamhill — _ 54.4 C am pbell___ 17.1 M arshall____ 19.6 E r ie ______37.9 Portage — 32.6 K lam ath___ 44.9 State check Charles Mix— 18.9 M eade------20.6 Fairfield___ __ 31.3 rtreble _____ 34. 2 Lake ______29. 2 y ie ld ___ 37.5 C lark____ — - 15.5 M ellette____ 23.2 F a y ette___ 36.3 P u tn a m ____ 36.0 Clay ------20.2 M in er __ - - 15.9 Franklin__ 32. 0 R ic h la n d ___ 32.5 Pennsylvania C od in gton---- 16.9 Minnehaha _ 18.1 Moody — - 19.7 F u lt o n __ 38.6 R o ss______31.2 Adams _ ----- 29.8 L aw rence__ ’.:Z 32.6 C o rso n _____ Ì7.3 G a llia ___ 26. 3 Sandusky ----- 36.5 Custer ____ - 16. 8 Pennington — 21.8 Allegheny — 27.7 Lebanon ___ 36. 7 16.2 G eau ga_- 31.6 S c io to ------29.8 32.6 Davison _ — 18.6 Perkins _ -_ Armstrong — 28.0 L e h ig h ______17.9 Greene __— 34.4 Seneca ___ 36.3 29.5 Luzerne ____ 30.4 D a y ------17.7 Potter -_ - - 37.2 Beaver ____ Roberts — - 18.0 Guernsey —— 27.9 S h elb y------Bedford ___ 30.2 L y c o m in g __ 30.5 Deuel ______17.8 H am ilton _ — 30.8 S tark __ — 33.8 D ew ey______16.5 . Sanborn — _ 14.9 Berks _ _ - 32. 9 M cK ean ____ 31.5 26.1 H ancock__ 36.7 Summit __ 32.6 31.6 M ercer___ - 31.5 D o u g la s____ 18.9 Shannon ----- 31.8 B la ir ______Spink — 15.5 H a rd in ___ 36.4 Trumbull — Bradford ----- 29. 2 Mifflin _____ 30. 5 E dm unds------15.3 Harrison _ ___ 28.9 Tuscaraw as_ 31.4 Fall River___ 22; 5 Stanley ------23.6 Bucks — — 32.4 M onroe_____ 31.5 19.2 H en ry ____ _ 38.1 U n io n ______34.2 31.4 Montgomery _ 31.5 Faulk ------16.2 S u lly ____ - 39.3 Butler — -- T o d d ------23.9 Highland —„ 27.7 Van W ert___ 28.2 Montour ___ 28.5 G r a n t______17.6 V in to n ------27.5 Cambria _____ 22.0 Tripp ------25.6 H ock in g__ 27. 1 C a m ero n ___ 23.2 Northamp- Gregory _ _ _ Holmes 31.2 W arren_____ 30.4 Haakon _ — 24. 8 Turner _ 18.5 Carbon — _ 30.8 ton ______35.9 19.9 Huron _ — _ 35.2 W ashington_ 26.5 Northumber- H am lin__ __ 17.1 U n io n ___ __ 35.3 Centre ------31.2 Walworth ^— 19.0 J a c k so n __ 27.1 Wayne ------37.5 land _____ 30.4 Hand _____ 17.8 W illiam s____ 36. 7 Chester ____ 18.6 Washabaugh _ 27.3 Jefferson__ — 31.1 C larion------26.2 Perry _ _ 30.6 H anson_____ K n o x _____ 29.8 Wood — ___ 37.1 H ard in g----- 16.1 Y ankton------17.9 C lea rfield __ 27.3 Philadelphia _ 16.9 L a k e _____ „ 30.8 W y a n d o t___ 35.9 30.0 Hughes ------18. 7 Ziebach' — State check C lin t o n ___ 33.1 Pike ____ State check Lawrence -- __ 28.2 Potter _ __ 32.8 Hutchinson . 17.0 y ie ld ^4. 3 C o lu m b ia __ 32. 7 y ie ld ----- 18.4 L ick in g----- 29. 5 ___ 29.4 S c h u y lk ill__ 29.4 Hyde ------17.8 C raw ford------Jackson ____ . 25.3 , Oklahoma Cumberland _ 30.8 S n y d e r ____ 28.4 Dauphin ___ 34. 0 S o m erset___ 29.2 Adair ____ 27.6 Greer ------22. 2 T ennessee 22.2 D elaw are___ 31.9 S u lliv a n ____ . 31.0 A lfa lfa ___ 28. 5 H arm on ------Susquehanna 32.8 A n derson___ 21. 4 Franklin------31.6 22.8 H arp er------16.4 Elk ______28. 4 Atoka ------E r ie ______29. 6 Tioga ______29.5 Bedford __ — 23.4 G ib so n ------25.4 Beaver _ ___ 17.3 H ask ell_____ 27.9 G ile s _____ •— 23.2 24. 6 Fayette ____ 30.3 U n i o n ___ 31.0 Benton __ __ 24.3 Beckham __ 20.7 H ugh es------Venango ___ 27.8 22. 2 Grainger------24.1 26.1 Jackson ___ 23.9 Forest __ — 26. 7 B le d s o e _— Blaine ___ Franklin _ — 30.9 Warren _ __ 28. 5 B lo u n t______24.9 G reen e------23.1 Bryan ----- 25. 6 J efferso n ___ 25.9 30.0 F u lt o n _____ 26.6 Washington _ 30.5 Bradley ------22.6 G rundy------Caddo _ ____ 30.4 J o h n sto n ___ 26.7 Hamblen ----- 27.3 33.3 G reen e _____ 31.0 Wayne ____ 31. 1 C a m p b e ll__ 22. 8 Canadian ___ 28.5 Kay _ ___ -- Westmoreland 29. 8 21.9 H am ilton----- 22.'3 25.5 Kingfisher —_ 26.0 Huntingdon _ 27.9 Cannon _ _ Carter _ — I n d ia n a _____ 28.0 W yom ing__ 29.9 C arroll______24.3 H ancock------21.8 Cherokee __„ 22.9 Kiowa ______23.5 Hardeman 28.7 Latimer _ — 26.1 J efferso n ___ 26.5 York _ ------33.6 Carter _____ 22.6 Choctaw —__ 26.6 State check 27. 1 H a rd in ------22.2 Cimarron —__ 16.9 Le F lo r e ____ . 29.8 . Juniata ____ 29. 4 C h eath am __ y ie ld ___ 32.0 C hester____ 25.3 H awkins------25.3 Cleveland __„ 30.2 Lincoln —— 24. 7 Lackawanna _ 29.7 25.7 Lancaster------38.9 Claiborne — 22.8 Haywood ---- Coal _____ 23.4 Logan ______29.2 Henderson'.- 25.5 L o v e 24.9 Clay ------22. 2 Comanche _— 23. 1 ______R hode I sland 23.9 H en ry------27.1 Cotton — __ 29.6 M cC lain___ 32.0 C o c k e __ — 23.2 Bristol ______Washington „ 29.0 C offee_____ 28. 6 H ick m a n ---- Craig ------__ 29.0 M cCurtain__ 26.7 H ouston------23.9 McIntosh 23.7 K e n t ______State check C rockett_____ 26.3 C r e e k ______22.2 y ie ld ___ 29.0 21.0 Humphreys — 23.6 Custer ----- „ 25.9 M a jo r______26.3 N ew p ort____ 29.0 Cumberland _ 19.6 P ro v id en ce_ — D a v id so n ----- 24.7 Jackson ------D elaw are_ 27.9 M a rsh a ll___ 23. 5 Jefferson ---- 25.9 29.8 Decatur ----- 17.9 Dewey ----- _ 20.6 M ayes______South C a r o l i n a Joh n son------25.7 __ 16.2 Murray _____ 27.1 De Kalb__ — 23.9 Ellis _____ 24.1 Knox ------25.1 Garfield — 28.7 M u sk o g ee__ 27. 7 Abbeville --— 27.7 B a m b erg ------29.8 D ic k so n ____ 37.0 A ik e n 24.7 B a r n w e ll----- 28.5 Dyer ______31.2 L a k e ------— G a rv in __ __ 27.5 Noble ------30.9 ------Lauderdale — 33.0 __ 30.3 Nowata _____ 28.7 A llen dale___ 30.6 B e a u fo r t------31.7 F ayette______25.9 Grady ___ 21.7 Lawrence ---- 26.7 Grant ______27.7 O kfuskee___ 24.8 A nderson----- 25.9 B erkeley____ 29.0 F en tress____

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14389

Tennessee—Continued Texas—Continued Utah—Continued Projected Projected Projected Projected Projected Projected 1967 1967 1967 1967 1967 1967 County yield County yield County yield County yield County yield County yield Lewis — 19.8 Rutherford __ 25.3 Hutchinson __ 28.5 Polk ______-- _ Utah _ __ __ 38.6 Weber ___ __ 50. 0 Lincoln __ 22.1 Scott _____ I r io n ___ __ 14.9 Potter __ — 18.4 Wasatch __ 54. 1 State check Loudon — 23. 9 Sequatchie __ 23.9 Jack __ __ _ 16.7 P re sid io ____ 24.9 Washington __ 26.0 y i e l d ___ 30. 0 McMinn ____ 21.8 Sevier ___ __ 22.4 Jackson _ _ _ 16.2 Rains _ _ 18. 4 Wayne ___ _ 47.0 McNairy ____ 22.2 S h e lb y ___ __ 26.0 Jasper __ ---- .----- R a n d a ll__ __ 20. 2 Macon — _ _ 21.0 Smith __ 19.8 Jeff Davis. --- ‘ ■ Reagan _ ___ 14.9 Madison _ ___ 27.7 S te w a r t__ 25. 5 Jefferson _- - - ___ Real ______Addison _ _ _ 31.6 O ra n g e______25.5 Sullivan 23. 2 Jim Hogg 18. 4 Bennington Orleans _ 31. 6 Marshall ____ 20.6 S u m n e r __ 25. 5 Jim Wefls_ Reeves _•_ __ 24. 2 Caledonia _ Rutland _____ 31. 6 Maury — ___ 26.5 T ip t o n ___ __ 30.2 Johnson __ 18.0 Refugio ____ jp_- Chittenden __ 31.6 Washington __ 31. 6 Meigs _l_ 21.2 Trousdale ___ 22.0 Jones _ _ _ 17.4 Roberts _____ 17.9 E ssex_____ - __ - Windham __ 31. 6 Monroe _ 22.6 Unicoi ___ __ 24. 7 Karnes _ 17.8 R ob ertson __ __ _ F r a n k lin _ __ 31.6 W ind sor____ Montgomery _ 34.9 U n io n ______23.9 Kaufman ____ 18.3 R o ck w a ll___ 20.2 Grand Isle__ . . . 31.6 State check Moore — ___ 22.3 Van Buren_ __ 25.3 Kendall 16.2 Runnels ___ 15.3 L am oille______y i e l d ___ 31; 6 Morgan ____ 22.0 Warren __ 25.9 Kenedy __ R u sk ______'---‘ Obion — 30.4 Washington _ 24. 9 Kent 14. 5 Sabine _____ Overton ____ 24.0 Wayne 22. 7 Kerr 14. 7 San Augustine ----- Accomack ___ 30.4 Louisa 29. 6 Perry___ 17.7 W eakley__ 25. 7 Kimble 14. 7 San Jacinto. _ Albemarle ___ 30.3 Lunenburg _ 28. 3 Pickett _____ 24.6 White __ 27.6 King _ 16.2 San Patricio. _ ■___ Alleghany *__ 25.9 Madison 28. 9 P olk______21.2 Williamson __ 25.9 Kinney ____ San Saba___ 15.1 A m e lia ___ _ 29.8 Mathews . 28. 5 Putnam ____ 23.9 Wilson ___ 21. 4 Kleberg __ ___ • ___ S ch leich er__ 14.2 Amherst 26. 5 Mecklenburg _ 25. 9 R h e a __ ___ 18.6 State check Knox _ _ _ _ 19.5 Scurry __ __ 13.7 Appomattox _ 26.7 M iddlesex___ 29. 0 20. 8 26 5 9.9. 8 18. 0 Augusta _ __ 30.6 Montgomery 28. 9 Robertson _ „ 29.8 Lamb .__ 30.0 Shelby _____ Bath ____ _ 26.3 Nansemond __ 27.8 Lampasas 15.7 S h erm a n ___ 24.1 Bedford _ 28.3 Nelson 27. 5 Texas La Salle__ __ - ___ Sm ith _____ -,__ ■ B la n d __ __ 27.1 New Kent___ 28. 1 Anderson —__ Deaf Sm ith__ 30.9 L a v a ca ___ _ 18.6 S o m e r v ell__ 15.1 B otetou rt___ 29. 9 Newport Andrews____ Delta ______22.2 Lee ______S ta rr______B runsw ick__ 26.1 N e w s__ 24. 9 A ngelina______Denton ______20.9 L e o n ______15.9 S te p h e n s___ 16.0 Buchanan __ 21.8 Northampton. 30.4 Aransas______• De W itt_____ 17.7 L ib erty______S te r lin g ____ 14.4 Buckingham . 27.7 Northumber- Archer _____ 17.6 Dickens _ _ 16. 2 L im eston e__ 17.1 Stonewall _ 16. 0 C am pbell___ 26. 3 la n d ______31.4 19.4 Lipscom b___ 17. 8 S u t t o n ______C aroline____ 28. 2 Nottoway __ 28. 5 Armstrong__ Dimmit ____ 14:9 Carroll _____ Atascosa ___ 16. 5 Donley __ _ _ 17. 7 Live Oak____ 16. 7 Swisher ____ 31.6 27.5 Orange ______30. 3 A u stin ____ !_ ____ Duval ,______- —- Llano ___ _ 15.2 Tarrant ____ 19.5 Charles City_. 31.4 Page ______28.3 Bailey______30.4 Eastland __ Loving ______Taylor ______16.7 C h arlotte___ 27.4 Patrick ____ 27. 2 15.3 Chesapeake _. 32. 8 Bandera____ 16.2 E ctor______- - - - ' Lubbock____ 24. 2 Terrell ______Pittsylvania _ 26. 4 Bastrop ____ 16. 7 Lynn ____ _ 19.3 Terry ______20.4 Chesterfield _ 26. 9 P o w h a ta n __ 29. 0 Edwards ‘___ 14.9 Clarke _____ 29. 7 Baylor _____ 18.8 E l l i s ______18. 9 McCulloch __ 15.4 Throckmorton 18.8 Prince M cLennan__ 17. 7 T itu s______Craig ______28. 5 Edward ___^ 28. 7 B e e ______16. 5 El Paso______Culpeper ___ B e ll______17.3 M cM u llen__ ___ Tom Green__ 15.2 30. 5 Prince Erath _ __ __ 15. 0 Cumberland _ 28. 3 B exar_____ 16. 8 F a lls ______17. 0 M adison____ 15.9 T ravis______16. 8 George ____ 28. 9 B lanco_____ Marion ______T r in ity ______D ick en so n __ 22. 3 Prince 15.9 Fannin __ 22. 2 D in w id d ie __ 27. 5 Borden _____ 14.0 F a y ette_____ M a rtin _____ 16.2 Tyler ------__ William ___ 27. 5 Mason _____ 15.3 U p sh ur______E ssex ______30.0 Pulaski ____ 27. 1 Bosque_____ 17. 1 Fisher ______16. 0 F a ir fa x _____ B ow ie______M atagorda__ .___ U p to n ____ * ------30. 2 Rappahan­ 23.6 Floyd ______26.3 F a u q u ier ___ 29. 8 Brazoria____ F o a r d ____ 17.0 M averick__ _ 15.1 U v a ld e ____ 14. 7 nock _____ 28.9 M edina_____ 19.2 Val Verde___ — F loyd ______29. 3 R ich m o n d __ 31.2 Brazos _____ 20.9 Fort Bend___ F lu van n a__ 28. 5 Brewster _____ —__ _ F r a n k lin ___ ; __ ¡¡J Menard ____ 15.5 Van Zandt—_ 17. 8 R oanoke__ __ 30. 0 M id lan d____ 15. 9 V icto ria ____ 14.2 Franklin____ 27.3 R ockb ridge_ 29. 6 Briscoe_____ 21. 6 Freestone___ F rederick_:_ 27. 9 Brooks_____ — - Frio _ __ _ 17.3 M ilam ______17. 0 W alk er______14.4 Rockingham _ 30.4 M ills ______14. 4 Waller _____ 18.6 G ile s ______25.5 R u sse ll_____ Brown _____ 14. 6 G a in e s _____ 23. 5 G loucester__ 25. 5 M itch ell___ _ 14. 9 Ward ______14.9 27.2 S c o t t ______1 25. 1 B urleson___ G a lv e sto n __ ___ G oochland__ 26. 7 Burnet_____ 15. 7 G a rz a _____ 15.2 M o n ta g u e__ 17.5 Washington _ 16.4 Shenandoah _ 29.6 Montgomery. ___ Webb ______Grayson ____ 25.8 Smyth ______Caldwell____ 17. 9 Gillespie ____ 16.8 G re en e _____ 25. 3 M oore______29.8 W h a r to n ___ 18.2 25.5 Southampton Calhoun____ ---- G la ssc o ck __ 16.1 Greensville __ 27.1 27. 5 Callahan__ £ 16.3 Goliad _ _ 15. 9 Morris ______W h eeler____ 16.2 Spotsylvania _ 27. 9 M o tle y ______17.2 W ic h ita ____ 19.6 H a lifa x _____ 26. 5 Cameron______G o n za les__ _ 17.7 H am p ton ___ S ta ffo rd ____ 29. 6 C am p______Nacogdoches _ ___ W ilb arger__ 20.0 24.9 Surry ______— Gray ------19.0 H anover____ 28.5 26.9 Carson_____ 20. 5 G rayson_____ 21. 8 N avarro____ 18.3 Willacy ______Sussex ______26.8 N ew ton______W illiam son_16.4 H e n r ic o ___ 29. 6 Cass ______— G r e g g ------H en ry ______Tazewell ___ 24. 9 N o la n ______15.8 W ils o n ______18.7 26. 7 Castro ___ _ 36.1 G rim es____ ---_ H ig h la n d ___ 28. 2 Virginia Chambers__ ---- G uadalupe__ 19. 1 N u e c e s______W in k ler______Beach _____ 32. 0 O ch iltree___ 19.0 W is e ______17.9 Isle of Wight. 27.9 Cherokee ___ 14.9 Hale ______34. 9 James City... 32.0 Warren ____ 29.2 Childress____ 18.2 Hall ______17.4 O ld h a m ____ 18.0 Wood ______King and Washington _ 27. 1 Clay ______18. 8 H am ilton ___ 16.5 Orange ______Y oak um ____ 22. 7 Q u een ____ Westmoreland 31. 5 Palo Pinto__ 16. 7 29.0 Cochran ____ 25.4 H an sford ___ 25. 1 Young _____ 18.6 King George_ Wise ______22. 3 Panola ______Zapata ______30.0 Coke______15.3 H ardem an__ 18.9 King William. 30.0 Wythe ______29. 0 C olem an__ _ 15. 5 H a rd in ______Parker______16. 9 Z a v a la __ ___ 16. 9 Lancaster__ Y o r k ______Parm er______42.2 28.9 27. 3 Collin______21. 5 H arris______State check L ee ______28. 9 State check Pecos ______23.1 y ie ld __ 22. 2 Collingsworth. 18. 0 H a rriso n ___ Loudoun ___ 30.0 y ie ld ___ 28.4 Colorado____ 18.8 Hartley ______17.5 Comal _____ 15.1 H ask ell__ _ 17.7 Utah Washington Comanche__ 15.3 Hays ______16.6 Beaver _:____ 47.9 K a n e ______26. 0 A d a m s___ _ 32. 7 G r a n t______Concho _____ 15. 1 H em p h ill___ 15.4 48. 1 Cooke___ Box Elder___ 30.1 M illard ______24. 9 Asotin ______35.7 Grays Harbor 33.4 20. 5 H enderson__ 18.0 C a c h e ______33.2 M organ______37.3 B e n to n _____ 28.3 Coryell __ 17.0 ___ Island _____ 61. 6 H id a lg o ____ C arbon______42.8 P iu te ______48.1 C h e la n ______23.1 J efferso n __ Cottle_____ ~ 17.0 Hill ___ 18.2 55.4 Daggett ____ 37.5 Rich ______21.7 Clallam ____ 54.5 K in g ------37. 7 Crane______— Hockley 23.1 D avis__ ,____ 54.1 Crockett __I” Salt Lake____ 33.4 Clark ______42.0 Kitsap _____ H o o d ______17.9 D u ch esn e__ 42. 6 San Juap___ 18.2 C o lu m b ia __ 52.2 Kittitas ____ Crosby_____ 26.0 Hopkins 19.9 57.4 E m ery______37.3 S a n p e te ____ 32.0 Cowlitz _____ 46.6 Klickitat ___ 33. 7 Culberson 19.9 Houston _ 14.9 G a rfield ____ 32.0 Dallam _ S e v ie r ______57.9 D o u g la s___ _ 25.7 Lewis ______43. 7 17.2 H oward_____ 15.3 G ran d______31. 2 Summit ____ _ 39.1 F erry______36.9 Dallas__ 19.8 Lincoln ____ 36.9 H u d sp e th __ 19.9 Iron i ______i. 35. 0 T ooele______16. 9 F r a n k l i n _____ 40. 2 Mason _____ Dawson__ 22.7 Hunt 21.3 J u a b __ ;____ 25.9 U in ta h ______31.6 G arfield ____ 49.7 Okanogan _ 22.7

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14390 RULES AND REGULATIONS

Washington—Continued Wyoming—Continued sucrose in the normal juice of such sugar- Projected Projected Projected Projected cane, as follows: 1967 1967 1967 1967 (1) For farms in Louisiana. County yield County yield County yield County yield Rate of P a c if ic __ T h u rsto n ___ 42.7 Hot Springs_39.1 Sublette _ ___ Sweetwater — 24.3 recoverable sugar Pend Oreille— 28. 8 Wahkiakum _ __ Johnson ___ 20.8 Percentage of (hundredweight) Pierce ___ —_ 33.2 Walla Walla— 45.4 Laramie .____ 23.0 T e t o n ___ „ 36.5 sucrose in per net ton of San Juan 45.7 W hatcom ___ 37.0 Lincoln .____ 22.1 U in t a ___ 27.7 normal juice1 sugarcane S k a g it __ 61.0 W h itm an ___ 47.9 Natrona .____ 26.9 Washakie __— 39.5 Skamania ______Yakima ____ 48.5 Niobrara ___ 20.0 W e s to n __ _ 21.5 5.0_____------0. 398 Snohomish — 42.0 State check Park ______42. 1 State check 6.0 ___ ------___ . 528 __ 22.7 7.0. ——______i .715 Spokane _ 46.3 y ie ld ___ 40.0 Platte ____ 22.9 yield _ 8.0____ —------—_ .916 Stevens _____ 40.4 Sheridan ___ 25.3 9.0____ ------1.094 West Virginia Effective date. Upon date of publi­ 10.0____ -----„------1.281 cation in the F ederal R egister. 11.0 ____ ------1.465 Barbour _ 26. 1 Mingo _____ 22.6 12.0____ ------1.643 Berkeley _____ 31.4 M onongalia_ 25.5 Signed at Washington, D.C., on No­ Boone ______21.8 Monroe_____ 29.4 13.0— _------1.822 Braxt-on _____ 24. 1 M organ_____ 20.4 vember 2, 1966. 14.0___ ------—_ 1.999 25.5 H. D. G odfrey, 15.0 ___ ------2.171 Brooke __ ___ 27.9 Nicholas______2? 342 C a b ell___ 25.9 Ohio ______27.8 Administrator, Agricultural Sta­ 16.0____ bilization and Conservation 17.0______2.512 C alhou n____ 24.3 Pendleton __ 26.9 18.0. ——...... — 2. 680 C lay------24.3 Pleasants ___ 25.3 Service. Doddridge __ 24.1 P ocah on tas_ 29.4 1 Rates for the intervening tenths of 1 per­ ___ 23.5 P reston______29. 5 [F.R. Doc. 66-12118; Filed, Nov. 8, 1966; cent shall be calculated by interpolation and F a y ette__ 8:45 a.m.] G ilm e r __ 24. 7 P u tn a m ____ 21.1 less than 5.0 percent or more than 18.0 Grant ______28.5 R aleigh__ ___ 20.8 percent shall be computed in proportion to Greenbrier __ 26.4 R andolph___ 30.1 the immediately preceding interval. Hampshire __ 28.0 R itc h ie ___ . _ 24.8 Chapter VIII— Agricultural Stabiliza­ Hancock ___ 24.2 Roane ______20. 5 tion and Conservation Service (2) For farms in Florida. H a rd y ______29.5 S u m m ers___ 27.9 (Sugar), Department of Agriculture Rate of Harrison ___ 24.9 T aylor______25. 6 recoverable sugar Jackson ___ 21.3 T u c k e r _____ 23.0 SUBCHAPTER E— DETERMINATION OF SUGAR Percentage of (hundredweight) Jefferson ____ 28.6 T y ler______25.2 COMMERCIALLY RECOVERABLE sucrose in per net ton of ___ 23.2 U p sh u r______23.7 Kanawha _ [833.13] normal juice 1 sugarcane L ew is____ 23.5 W ayne______22. 6 3.0______0.077 L in coln __ 23.4 W eb ster_____ 22.4 PART 833— MAINLAND CANE 4.0— ______. 186 L o g a n ___ ...__ W etzel______25. 3 ______.342 ___ _ SUGAR AREA 5.0______McDowell . Wirt ______23.3 6 . 0 ______— _____ . 582 M a rio n _____ 24.7 W ood______25.9 Sugar Commercially Recoverable 7.0______—______.804 Marshall ■ 24.0 W yom ing__ 22.2 8.0______...... 1.003 M ason______25.5 State check From Sugarcane; 1966 Crop 9.0______1.185 M ercer_____ 24.0 y ie ld ___ 27.8 1 0 .0 ______1.363 Mineral ___ 28.7 Pursuant to the provisions of section 302(a) of the Sugar Act of 1948, as 11.0______...... 1. 540 Wisconsin 1 2 .0 ______1.712 amended (hereinafter referred to as 13.0______1.884 Adams ------21.7 Marinette __ 24. 7 “act”) , the following regulation is hereby 14.0______2. 059 Ashland _ ___ 21.3 Marquette__ 22.0 issued: 15.0______2.232 B a r ro n ______24.3 Menominee_ 27.8 16.0...... ______2.404 B a y field ____ 23.2 Milwaukee__ 35.2 § 833.13 Sugar commercially recover­ 1 7 .0 ______2.571 Brown _____ 32.2 M onroe_____ 25.4 able from sugarcane in the Mainland 18.0______2. 734 B u ffa lo _____ 27.9 O co n to ______25.9 Cane Sugar Area. B u r n e tt_____ 21.6 O n e id a ______23.2 1 Rates for the intervening tenths of 1 per­ C a lu m e t___ 35. 7 O u ta g a m ie_ 32.2 (a) Definitions. For the purpose of cent shall be calculated by interpolation and Chippewa___ 23.4 Ozaukee ____ 36.3 this section, the terms: for more than 18 percent shall be computed Clark______24. 6 Pepin ------27.7 (1) “Trash” means green or dried in proportion to the immediately preceding C olum bia___ 34. 8 Pierce ______26.1 leaves, sugarcane tops, dirt and all other interval. C raw ford___ 35.5 Polk ______24.1 D a n e ______37.3 P ortage_____ 22.7 extraneous material. Statement of bases and considerations. Dodge — — 36.9 P r ic e ______22. 2 (2) “Gross weight” of sugarcane Determinations of amounts of sugar D o o r ______29.2 R a c in e _____ 38.9 means the total weight (short tons) of commercially recoverable from sugar- D o u g la s_____ 21.2 R ic h la n d ___ 31.7 sugarcane, including trash, as delivered beets and sugarcane are required under D u n n ______25. 1 R o c k ______36. 8 by a producer for processing for sugar section 302(a) of the Act to establish the Eau Claire___ 25.3 R u s k ______23. 1 production. amounts of sugar upon which payments ■Florence 22. 0 St. Croix_____ 26.3 (3) “Net weight” of sugarcane means: are to be made pursuant to the Act. Fond du Lac— 33.5 S a u k ______30.9 The rates of sugar commercially recov­ F o r e s t __ __ 22. 2 Saw yer______21. 5 (i) In Florida, the gross weight of Grant ______34. 8 Shawano ___ 27.6 sugarcane delivered by a producer to a erable at the various normal juice sucrose G r e e n ______35.9 Sheboygan__ 36.8 processor’s mill minus a deduction equal levels, as specified in this regulation, were Green Lake__ 25. 6 T aylor______22. 7 to the average percentage weight of trash calculated from data reported to the De­ I o w a ______34.0 Trempealeau _ 26. 7 delivered with all sugarcane ground dur­ partment by the processors of sugarcane Ir o n ______21.1 V ern on___ __ 38. 1 ing the 1966-crop season at such mill. for sugar in each of the States of Florida Jackson ____ 23.6 V ila s ______21.8 (ii) In Louisiana, the weight obtained and Louisiana. The calculation for the J efferso n ___ 38.1 W alworth___ 38.8 by deducting the weight of trash from various normal juice sucrose levels made J u n ea u _____ 24. 2 W ashburn__ 22.0 use of data representing averages in each Kenosha _____ 39.3 W ashington_ 38.7 the gross weight of sugarcane as deliv­ K ew au n ee__ 36. 7 W au k esh a__ 36. 2 ered by a producer. State for the crop years 1961, 1962, 1963, La C rosse___ 26.0 W au p aca___ 24.3 (b) Recoverable sugar. For the 1966 1964, and 1965, of each of the factors of Lafayette ___ 33.2 W au sh ara__ 23.3 crop of sugarcane, the amount of sugar, normal juice extraction (the quantity of L a n g la d e___ 25.9 W in n eb ago_ 34. 4 in hundredweight, raw value, commer­ normal juice extraction per ton of sugar­ L incoln_____ 25.2 Wood ______23.8 cially recoverable from sugarcane grown cane) , boiling house efficiency (the ratio M a n ito w o c_ 35.8 State check on a farm in the Mainland Cane Sugar of the amount of sugar produced to the Marathon ____ 25.9 y ie ld ___ . 34.8 Area and marketed (or processed by the amount that could theoretically be pro­ Wyoming producer) for the extraction of sugar or duced) , the polarization of the sugar produced, and net sugarcane as a percent Albany ______17.0 C on verse___ 19.0 liquid sugar, shall be obtained by multi­ Big Horn___ 39.6 C ro o k ______22. 9 plying the net weight of the sugarcane of gross sugarcane. The calculation also Campbell ___ 22. 8 F r e m o n t___ 40.6 in tons by the rate of recoverability used the purity or retention factor which C arbon______17.4 Goshen ____ 21.5 specified for the average percentage of correlates purity of normal juice with

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14391 sugar recovery based on the well- lowing manner: The product of normal elevator hinge beam shrouds for proper established Winter-Carp formula. That juice extraction and boiling house effi­ clearance and repair as necessary on formula is expressed mathematically as ciency is divided by the product of the Vickers Viscount Model 744, 745D, and follows: Purity or Retention Factor polarization of sugar produced and net 810 Series airplanes. = (1.4—40/P) in which P is purity of nor­ sugarcane as a percent of gross sugar­ Since a situation exists that requires mal juice. For the purpose of this regu­ cane. The result so obtained is multi­ immediate adoption of this regulation, lation, the computed purity at each of plied by 2,000 to obtain a factor which it is found that notice and public pro­ the 9 to 18 percent normal juice sucrose when multiplied by normal juice sucrose cedure hereon are impracticable and levels for the crop years 1961, 1962,1963, and the purity or retention factor for good cause exists for making this amend­ 1964, and 1965 was used. that normal juice sucrose gives pounds ment effective in less than 30 days. The rates for the 3 to 7 percent normal of sugar per ton of net sugarcane. By In consideration of the foregoing, and juice sucrose levels in Florida and the use of the applicable raw value conver­ pursuant to the authority delegated to 5 to 9 percent normal juice sucrose levels sion factor, in accordance with section me by the Administrator (25 F.R. 6489), in Louisiana were calculated as above, 101(h) of the Sugar Act, pounds of sugar § 39.13 of Part 39 of the Federal Avia­ except that data at each level was not per ton of net sugarcane are converted tion Regulations is amended by adding available for all years of the base period. into sugar, commercially recoverable, the following new airworthiness direc­ In calculating sugar commercially re­ raw value. Expressed mathematically tive: coverable, the data are used in the fol­ the formula reads: Vickers. Applies to Viscount Model 744, N.J.E. X B.H.E. X 2,000 X N.J.S. X P.R. X R.V.C.P. 745D, and 810 Series airplanes. C.R.S., R .v .= (Pol. of sugar) X (net sugarcane, percent gross sugarcane) Compliance required within the next 100 hours’ time in service after the effective date Except for appropriate changes in the (a) Before each flight after the effective of this AD, unless already accomplished. moving 5 year averages, the aforesaid date of this AD until the elevator trim system To prevent fouling between the trailing calculation is the same as that used for has been modified in a manner approved by edge of the elevator hinge beam shroud and the preceding crop. the Chief, Engineering and Manufacturing the elevator skin lap joint, accomplish the Branch, PAA Southern Region, check oper­ following: (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, sec. 302, ation of elevator trim control for freedom (a) Visually inspect top and bottom 303, 304, 61 Stat. 930, as amended, 931; 7 of movement, and check cockpit indicator shrouds on elevator hinge beam assemblies U.S.C. 1132, 1133, 1134) for accuracy by setting the elevator trim to to ensure that clearance between trailing Effective date: Date of publication. neutral position as indicated on cockpit indi­ edge of shroud and the forward edge of eleva­ cator, and visually checking elevator trim tor skin lap joints or rivet heads is not less Signed at Washington, D.C., on No­ surface for zero deflection. than 0.20 inch throughout full range of ele­ vember 3, 1966. (b) If trim control is not free and unbind­ vator movement. ing, or if elevator trim surface is deflected (b) If clearance is less than 0.20 inch, cut Charles M . Cox, when cockpit indicator indicates neutral back trailing edge of hinge beam shroud to Acting Deputy Administrator, trim, repair before further flight in a man­ provide clearance of at least 0.20 inch but State and County Operations. ner approved by the Chief, Engineering and less than 0.26 inch throughout full range Manufacturing Branch, FAA Southern of elevator movement. [P.R. Doc. 66-12181; Piled, Nov. 8, 1966; Region. 8:50 a.m.] (British Aircraft Corp. (B.A.C.), Ltd., Pre­ (c) Before further flight after the effective liminary Technical Leaflet (PTL) No. 263, date of this AD, until the elevator trim sys­ Issue 1 (700 Series) and No. 126, Issue 1 tem has been modified in accordance with (800/810 Series), pertain to this subject.) paragraph (a), attach the following placard Title 14— AERONAUTICS AND to the instrument panel in full view of the This amendment becomes effective No­ pilot: “Before each flight ensure that eleva­ vember 19, 1966. tor trim control is free and unbinding and SPACE (Secs. 313(a), 601, 603, Federal Aviation Act that elevator trim surface is not deflected of 1958; 49 U.S.C. 1354(a), 1421, 1423) Chapter I— Federal Aviation Agency when cockpit indicator indicates neutral trim.” Issued in . Washington, D.C. on No­ [Docket No. 7714; Amdt. 39-305] (d) The checks required by this AD may vember 1, 1966. be performed by the pilot. PART 39— AIRWORTHINESS C. W . W alker, DIRECTIVES This amendment becomes effective No­ Director, Flight Standards Service. Aero Commander (Meyers) Model 200 vember 19, 1966. [P.R. Doc. 66-12126; Filed, Nov. 8, 1966; Series Airplanes (Secs. 313(a), 601, 603, Federal Aviation Act 8:45 a.m.] of 1958; 49 U.S.C. 1354(a), 1421,1423) There has been a failure of the elevator [Docket No. 7712; Amdt. 39-303] tnm control system on an Aero Com­ Issued in Washington, D.C. on Novem­ mander Model 200D airplane. Since ber 1, 1966. PART 39— AIRWORTHINESS this condition is likely to exist or develop C. W . W alker, DIRECTIVES in other airplanes of the same type de­ Director, Flight Standards Service. sign, an airworthiness directive is being [P.R. Doc. 66-12125; Piled, Nov. 8, 1966; Boeing Model 707-300, 707-400 issued to require repetitive checking of 8:45 a.m.] Series Airplanes the elevator trim control system until There have been cracks in the elevator modification on Aero Commander (Mey­ nose structure in the outboard balance ers) Model 200 Series airplanes. [Docket No. 7713; Amdt. 39-304] bay caused by turbulence-induced alter­ Since a situation exists that requires PART 39— AIRWORTHINESS nating stresses resulting from ¡sustained mmediate adoption of this regulation, it actuation of the inboard speed brakes on is found that notice and public procedure DIRECTIVES Boeing Model 707-300 Series airplanes nereon are impracticable and good cause Vickers Viscount Model 744, 745D, that could result in separation of the exists for making this amendment effec­ 810 Series Airplanes balance panel and jamming of the eleva­ tive in less than 30 days. tor. Since this condition is likely to In consideration of the foregoing, and There has been fouling between the exist or develop in other airplanes of the mo KUaí í to the authority delegated to trailing edge of the elevator hinge beam same design, an airworthiness directive sin the Administrator (25 F.R. 6489), shroud and the elevator skin lap joint is being issued to require repetitive in­ s d9.i3 of Part 39 of the Federal Aviation on a Vickers Viscount Model 800 Series spection of the elevators for cracks until regulations is amended by adding the airplane that resulted in an aborted modification and repair or replacement ouowing new airworthiness directive: takeoff due to lack of response to back as necessary on Boeing Model 707-300, Aero._ Commander (Meters) . Applies to pressure on the control column. Since 707-300B, 707-300C, and 707-400 Series Model 200 Series airplanes, this condition is likely to exist or develop airplanes. compliance required as indicated, in other airplanes of the same type de­ Since a situation exists that requires trim ^ event takeoff with excessive elevator sign, an airworthiness directive is being • set- accomplish the following: immediate adoption of this regulation, it issued to require visual inspection of the is found that notice and public procedure

No. 218—pt. i -----3 FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14392 RULES AND REGULATIONS hereon are impracticable and good cause (h) After the elevators have been modi­ (3) Replace the part with one modified or exists for making this amendment effec­ fied in accordance with paragraph 3, Part II, one repaired and reinforced in accordance Boeing Service Bulletin No. 2386 (R-l) or w ith Swiss Office Federal de l’Air-approved tive in less than 30 days. later FAA-approved revision or an equivalent Pilatus Service Bulletin No. 65. In consideration of the foregoing, and approved by the Chief, Aircraft Engineering pursuant to the authority delegated to Division, FAA Western. Region, the repeti­ This amendment becomes effective me by the Administrator (25 F.R. 6489), tive inspections required by this AD may be November 19, 1966. § 39.13 of Part 39 of the Federal Aviation discontinued. (i) Upon request of the operator, an FAA (Secs. 313(a), 601, 608, Federal Aviation Act Regulations is amended by adding the of 1958; 49 U.S.C. 1354(a), 1421, 1423) following new airworthiness directive: maintenance inspector, subject to prior ap­ proval of the Chief, Aircraft Engineering Issued in Washington, D.C., on Novem­ B oeing. Applies to Model 707—300, -300B, Division, FAA Western Region, may adjust ber 1,1966. -300C, and -400 Series airplanes. the repetitive inspection intervals specified C. W . W alker, Compliance required as indicated. in this AD to permit compliance at an estab­ To detect cracks of the elevator nose lished inspection period of tfie operator, if Director, Flight Standards Service. structure in the outboard balance bay, ac­ the request contains substantiating data to [FJR. Doc. 66-12128; Filed, Nov. 8, 1966; complish the following: justify the increase for that operator. 8:45 a.m.] (a) Within the next 800 hours’ time in service after the effective date of this AD, This amendment becomes effective unless accomplished within the last 800 November 9, 1966. [Airspace Docket No. 66-EA-58] hours’ time in service, and thereafter at in­ (Secs. 313(a), 601, 603, Federal Aviation Act tervals not to exceed 1,600 hours’ time in service from the last inspection until modi­ of 1958; 49 U.S.C. 1354(a), 1421, 1423) PART 71— DESIGNATION OF FED­ fied in accordance with paragraph (h), in­ Issued in Washington, D.C., on Novem­ ERAL AIRWAYS, CONTROLLED AIR­ spect elevators of Model 707—300 and —400 ber 2, 1966. SPACE, AND REPORTING POINTS Series airplanes with 20,000 or more hours’ time in service on the effective date of this C. W . W alker, Alteration of Transition Area AD, and elevators of Model 707—300B Series Director, Flight Standards Service. airplanes with 12,000 or more hours’ time [F.R. Doc. 68-12127; Filed, Nov. 8, 1966; The Federal Aviation Agency is amend­ in service on the effective date of this AD ing § 71.181 of Part 71 of the Federal in accordance with paragraph (f). 8:45 a.m.] (b) Within the next 200 hours’ time in Aviation Regulations so as to alter the service after the effective date of this AD, Babylon, N.Y., 700-foot floor transition unless accomplished within the last 200 [Docket No. 7715; Arndt. 39-306] area. hours’ time in service, and thereafter at in­ The Republic Airport, Farmingdale, tervals not to exceed 400 hours’ time in PART 39— AIRWORTHINESS N.Y., ADF instrument approach proce­ service from the last inspection until modi­ DIRECTIVES dure was modified, effective August 20, fied in accordance with paragraph (h), in­ 1966, reflecting an alteration on the ADF spect elevators of Model 707—300C Series air­ planes with 2,000 or more hours’ time in serv­ Pilatus Model PC-6 Series Airplanes final approach course predicated on the ice on the effective date of this AD in There has been a failure of the rudder Babylon radio beacon from the 347° MB accordance with paragraph (f). pedal control support on a Pilatus Porter to 350° MB inbound to the RBN. (c) Before the accumulation of 20,800 Model PC-6A airplane. Since this con­ Since this amendment is minor in na­ hours’ time in service and thereafter at in­ dition is likely to exist or develop in other ture, notice and public procedure hereon tervals not to exceed 1,600 hours’ tim e in are unnecessary and the amendment may service from the last inspection until modified airplanes of the same type design, an air­ worthiness directive is being issued to re­ be made effective 0001 e.s.t. December 8, in accordance with paragraph (h), inspect 1966, as follows: elevators of Model 707-300 and -400 Series quire repetitive inspection of the rudder airplanes with less than 20,000 hours’ time pedal support for cracks on Pilatus Model 1. Amend § 71.181 of Part 71 of the in service on the effective date of this AD PC-6 Series airplanes and repair or re­ Federal Aviation Regulations so as to in accordance with paragraph (f). placement as necessary until modifi­ delete in the description of the Babylon, (d) Before the accumulation of 12,800 cation. N.Y., transition area the numbers, hours’ time in service and thereafter at in­ Since a situation exists that requires tervals not to exceed 1,600 hours’ time in “155°”, and insert in lieu thereof the service from the last inspection until modi­ immediate adoption of this regulation, it numbers, “158°”. fied in accordance with paragraph (h), in­ is found that notice and public procedure (Sec. 307(a), Federal Aviation Act of 1958; 72 spect elevators of Model 707—300B Series air­ hereon are impracticable and good cause Stat. 749; 49 U.S.C. 1348) planes with less than 12,000 hours’ time in exists for making this amendment effec­ service on the effective date of this AD in tive in less than 30 days. ' Issued in Jamaica, N.Y., on October 20, accordance with paragraph (f). In consideration of the foregoing, and 1966. (e) Before the accumulation of 2,200 pursuant to the authority delegated to W ayne H endershot, hours’ time in service and thereafter at me by the Administrator (25 F.R. 6489), Deputy Director, Eastern Region. intervals not to exceed 400 hours’ time in § 39.13 of Part 39 of the Federal Aviation service from the last inspection until modi­ [F.R. Doc. 66-12129; Filed, Nov. 8, 1966; fied in accordance with paragraph (h), in­ Regulations is amended by adding the 8:45 a.m.] spect elevators of Model 707—300C Series air­ following new airworthiness directive: planes with less than 2,000 hours’ time in P ilatus. Applies to Model PC-6 Series air­ service on the effective date of this AD in planes. [Airspace Docket No. 66-CE-72] accordance with paragraph (f). Compliance required as indicated. (f) Visually inspect for cracks in the lead­ To prevent failure of the rudder pedal sup­ PART 71— DESIGNATION OF FED­ ing edge of the elevators in bays No. 4 and port, accomplish the following: ERAL AIRWAYS, CONTROLLED AIR­ No. 5 in accordance with paragraph 3, Part (a) Within the next 50 hours’ time in SPACE, AND REPORTING POINTS I, Boeing Service Bulletin No. 2386(R -l), or §prvice after the effective date of this AD, later FAA-approved revision, except that the unless already accomplished within the last Alteration of Control Zone initial inspection of Bay No. 4 need not be 50 hours’ time in service, and thereafter at accomplished until the next repetitive in­ intervals not to exceed 100 hours’ time in On September 2, 1966, a notice of pro­ spection of Bay No. 5 is required, if Bay No. service from the last inspection, until modi­ posed rule making was published in the 5 has been inspected in accordance with fied in accordance with subparagraph (b)(3), this paragraph. visually inspect the guide tube welding seams F ederal R egister (31 F.R. 11615) stating (g) If cracks are found during the in­ of rudder pedal support, P/N 6232.196. for that the Federal Aviation Agency pro­ spections specified in paragraph (f), before cracks, using a lamp and mirror. posed to alter the controlled airspace m further flight, repair or replace cracked parts (b) If a crack is found during an inspec­ the Sioux Falls, S. Dak., control zone in accordance with the FAA-approved Struc­ tion required by paragraph (a), before fur­ area. tural Repair Manual or repair the elevator in ther flight, accomplishd one of the following Interested persons were afforded an accordance with paragraph 3, Part n , Boeing or an FAA-approved equivalent— opportunity to participate in the rule Service Bulletin No. 2386(R-l), or later (1) Repair the part in an FAA-approved making through submission of com­ FAA-approved revision or an equivalent ap­ manner; proved by the Chief, Aircraft Engineering (2) Replace the part with an unmodified ments. The one comment received was Division, FAA Western Region. part of the same part number; or, favorable.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14393

In consideration of the foregoing, Part other period beyond what can reasonably 71 of the Federal Aviation Regulations Title 16-COMMERCIAL be expected. is amended, effective 0001 e.s.t., January (e) The opinion pointed out that both 5,1067, as hereinafter set forth. PRACTICES the trade practice rules for the Residen­ In §71.171 (31 F.R. 2065) the Sioux tial Aluminum Siding Industry and the Falls, S. Dak., control zone is amended Chapter I— Federal Trade Commission’s Guides Against Deceptive to read: Commission Advertising of Guarantees contain the principle that a guarantee shall not be SiOux F alls, S. Dak. PART 15— ADMINISTRATIVE * used which exaggerates the life expect­ Within a 5.5-mile radius of Sioux Falls/ OPINIONS AND RULINGS ancy of a product. In such a case, the joe Foss Field (latitude 43°34'44" N„ longi­ guarantee itself constitutes a misrepre­ tude 96°44'27" W.); and within 2 miles Lifetime Guarantees for Aluminum sentation of fact even though all required each side of the Sioux Falls ILS localizer SW Siding disclosures of material terms and condi­ course extending from the 5.5-mile radius tions might be made in all advertising of zone to the outer marker. § 15.100 Lifetime guarantees for alumi­ num siding. the guarantee. This simply recognizes (Sec. 307(a), Federal Aviation Act of 1958; the principle that a guarantee can be 49 U.S.C. 1348) (a) A seller of aluminum siding re­ used as a representation of an existing quested the Commission to render an fact as well as a guarantee. Viewed in Issued in Kansas City, Mo., on Octo­ advisory opinion concerning the legality this light, use of this guarantee would ber 25, 1966. of its proposed use of a “Lifetime Guar­ constitute an affirmative representation E dward C. M arsh, antee” for aluminum siding. that the siding will last for the lifetime of Director, Central Region. (b) The proposed guarantee would the owner when the evidence furnished represent that the siding will not rust, would indicate this is not true. The [F.R. Doc. 66-12130; Filed, Nov. 8, 1966; peel, blister, flake, chip, or split under gravamen of the offense would be the af­ 8:45 a.m.] conditions of normal weathering for the firmative misrepresentation of the life lifetime of the original owner. If, af­ expectancy of the product and this could ter inspection, the seller determines that not be corrected by a mere disclosure that [Airspace Docket No. 66-SO-43] a claim is valid under the guarantee the what is represented to be a fact is not PART 75— ESTABLISHMENT OF JET seller will within 3 years after instal­ actually true.- lation furnish all materials and labor (f) Of equal importance in the Com­ ROUTES necessary to repair or replace, at the sel­ mission’s view was the fact that the seller Realignment of Jet Routes ler’s option, all siding at no cost to the here proposed to couple two basically in­ owner. For the next 7 years, the seller consistent provisions in the same guaran­ On September 16,1966, a notice of pro­ will furnish all materials and labor at tee. One was the use of the lifetime rep­ posed rule making was published in the a cost to the owner of 8 percent of the resentation and the other was the Federal R egister (31 F.R. 12104) stating then current price for each year or part prorated ^feature. The Commission that the Federal Aviation Agency was thereof after the third year. For the stated its opinion to be that it is concep­ considering the realignment of Jet Route next 10 years, the seller will furnish all tually impossible to combine the two in No. 20 and Jet Route No. 41 in the materials and labor at a cost to the owner the same guarantee when the proration vicinity of Tallahassee, Fla. of an additional 3 percent of the then period virtually terminates at the end of Interested persons were afforded an current price for each year or part there­ 20 years. A guarantee cannot be for a opportunity to participate in the rule of after the 10th year. Thereafter, the lifetime if it terminates after 20 years. making through submission of com­ seller will furnish only the material nec­ Undoubtedly, many owners will live far ments. The Air Transport Association essary to repair or replace, at the seller’s beyond that period of time and so the of America concurred with the proposal. option, at a cost to the seller of 10 per­ guarantee cannot help but confuse even No other comments were received. cent of the then current price. The though a careful reading of its terms In consideration of the foregoing, Part owner must assume all other costs, in­ might show that it states all relevant 75 of the Federal Aviation Regulations is cluding 90 percent ^)f the cost of mate­ facts and even though all advertisements amended, effective 0001 e.s.t., January rials and 100 percent of the cost of labor. make the required disclosures. 5, 1967, as hereinafter set forth. (c) In addition, the seller furnished (g) Literally speaking, some benefit Section 75.100 (31 F.R. 2346) is the results of extensive laboratory and may be claimed for the remainder of the amended as follows: field testing of house siding since 1948 owner’s life after the expiration of the 20-year period, for the seller will still as­ 1. In Jet Route No. 20, “Jackson,under every type of environment which Miss.; Crestview, Fla.; INT of the Crest- would lead to the conclusion that no sume 10 percent of the cost of materials. view 091° and the Tallahassee, Fla., 288" aluminium siding, no matter what its But this would appear to be more a finish, will last for a lifetime. In fact, matter of form than substance. The radials; Tallahassee;” is . deleted and owner would be given a mere pittance in “Jackson, Miss.; Meridian, Miss.; INT of the evidence submitted, if accepted as the Meridian 089° and the Montgomery, true, would establish that the maximum order to furnish some color of justifica­ Ala., 282° radials; Montgomery; Talla­ life expectancy of such siding under nor­ tion for the claim that the guarantee is hassee, Fla.;” is substituted therefor. mal conditions would come closer to 20 for a lifetime. The situation is that the years and would be considerably less un­ owner must pay more than 90 percent of __2. In Jet Route No. 41, “Tallahassee, der more extreme circumstances. This all costs in order to receive the benefit of Fla.; INT of the Tallahassee 288° and the is based upon experience indicating that the remaining 10 percent of the cost of Montgomery, Ala., 144" radials; Mont­ even if it does not rust, peel, blister, flake, materials, which does not leave him with gomery;” is deleted and “Tallahassee, chip or split, the finish will weather to anything of substantial value to justify Fla.; Montgomery, Ala.;” is substituted such an extent as to require repainting the representation of lifetime warranty. therefor. within that time. In the Commission’s view, the purchaser (Sec. 307(a), Federal Aviation Act of 1958; (d) The Commission made it plain must be afforded something of substan­ *9 U.S.C. 1348) that it has not conducted its own investi­ tial value for his lifetime in order to sup­ gation in order to verify the accuracy of port the representation and the Commis­ Issued in Washington, D.C., on No­ this evidence and that the comments set sion did not feel that less than 10 per­ vember 4, 1966. forth in its opinion were based upon the cent of all costs was of substantial value. H. B. H elstrom, facts as presented and upon the assump­ (h) Finally, the Commission noted Chief, Airspace and Air tion that those facts were correct. On that the proposed guarantee excludes Traffic Rules Division. this basis, the Commission advised that damages resulting from normal weather­ it would not be legal for the seller to em­ ing of surfaces. In view of the fact that (FR. Doc. 66-12191; Hied, Nov. 8, 1966; ploy a guarantee to represent that the this appears to be the most prevalent 8:51 a.m.] siding will lasf for a lifetime or for any cause for repainting aluminum siding,

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14394 RULES AND REGULATIONS the Commission also advised that this gers, or baggage shall discharge or take tion or to designate it for hearing. We is a material term or condition which not on cargo, passengers, or baggage before have considered the desirability of such only should be set forth in the guarantee, the vessel has been entered, preliminary a requirement and, although public no­ for whatever period of time it runs, but entry shall be made by compliance with tice of the filing of major amendments is also should be clearly and conspicuously § 4.30 and execution by the master on now given by the Commission, we have set forth in all advertising which men­ the reverse side of the inward foreign concluded that it would be a better prac­ tions the guarantee. manifest of a certificate (stamped there­ tice and would expedite application pro­ on by the boarding officer) certifying ceedings to require that all amendments (38 Stat. 717, as amended; 15 Ü.S.C. 41-58) that the manifest contains a just, true, be served by the applicant upon such Issued; November 8, 1966. and full account of all cargo, and other persons. Authority for these amendments is By direction of the Commission. items, including passengers and their baggage, required by law to be mani­ contained in sections 4(i) and 303(r) of [seal] J oseph W. S hea, fested.18 the Communications Act of 1934, as Secretary. (Secs. 448, 486, 46 Stat. 714, 725, as amended; amended. The amendments are proce­ [P.R. Doc. 66-12089; Piled, Nov. 8, 1966; 19 U.S.C. 1448, 1486) dural in nature, and the notice and effec­ 8:45 a.m.] tive date provisions of section 4 of the (R.S. 161, as amended, 251, sec, 624, 46 Stat. Administrative Procedure Act are there­ 759, sec. 2, 23 Stat. 118, as amended; 5 U.S.C. 22, 19 U.S.C. 66, 1624, 46 U.S.C. 2) fore inapplicable. The revised rules will PART 115— RUBBER TIRE apply to all amendments filed on or after INDUSTRY [ seal] L awrence F leishm an, November 10, 1966. Acting Commissioner of Customs. In view of the foregoing: It is ordered, Rescission of Trade Practice Rules Approved: November 2,1966. Effective November 10, 1966, that the On October 26, 1966, the Commission rules of practice and procedure are T rue D avis, amended as set forth below. rescinded the trade practice rules for the Assistant Secretary of the Treas­ Rubber Tire Industry appearing in Part ury. (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 115 of this title. 154. Interprets or applies sec. 303, 48 Stat. 1082, as amended; 47 UJ3.C. 303) Approved: October 26,1966. [P.R. Doc. 66-12163; Piled, Nov. 8, 1966; 8:48 a.m.] Released: November 4,1966. By direction of the Commission. F ederal Communications [ seal] J oseph W. S hea, Com m ission,1 Secretary, Title 29— LABOR [ seal] B en F . W aple, [P.R. Doc. 66-12090; Filed, Nov. 8, 1966; Secretary. 8:45 a.m.] Chapter I— National Labor Relations Board A. Part 1 of Chapter I of Title 47 of the Code of Federal Regulations is PART 102— RULES AND amended as follows: REGULATIONS, SERIES 8 1. Section 1.522(a) is revised to read Title 19— CUSTOMS DUTIES as follows:.. Subpart P— Ex Parte Communications Chapter I— Bureau of Customs, De­ § 1.522 Amendment o f applications. Correction partment of the Treasury (a) Subject to the provisions of [T.D. 66-249] In F.R. Doc. 66-11737 appearing in the §§ 1.525 and 1.580, any application may issue for Friday, October 28,1966, at page be amended as a matter of right prior PART 4— VESSELS IN FOREIGN AND 13850 an error in a subpart designation to the adoption date of an order desig­ DOMESTIC TRADES occurred. A correction appeared in the nating such application for hearing, issue for Saturday, November 5, 1966, at Master’s Certificate on Preliminary merely by filing the appropriate number page 14313 but inadvertently the wrong of copies of the amendments in question Entry of Vessel subpart was designated. The correction duly executed in accordance with § 1.513. Section 4.8 of the Customs Regula­ should read as follows: Preceding the If a petition to deny (or to designate for tions relating to preliminary entry pro­ table of contents the “Subpart F” desig­ hearing) has been filed, the amendment vides for the execution by the master of nation should read “Subpart P” and in shall be served on the petitioner. See customs Form 3255, Master’s Certificate its entirety should read as set forth § 1.571 (j) for the effect of certain amend­ on Preliminary Entry of Vessel From above. ments to standard broadcast applica­ Foreign Port. A stamp incorporating tions. - the language of customs Form 3255 has * * * * * been approved for local use by boarding Title 47— TELECOMMUNICATION 2. Section 1.744(a) is revised to read as officers for a number of years in lieu of follows: customs Form 3255. No difficulty has Chapter I— Federal Communications § 1.744 Amendments. been encountered because of the use of Commission a stamp rather than the customs form. (a) Any application not designated for An employee has suggested that the [FCC 66-951] hearing may be amended at any time by stamp be adopted on a servicewide basis PART 1— p r a c t ic e a n d p r o c ed u r e the filing of signed amendments in the and that customs Form 3255 .be abol­ same manner, and with the same number ished. PART. 21— DOMESTIC PUBLIC RADIO of copies, as was the initial application. Since the adoption of the stamp on a SERVICES (OTHER THAN MARITIME If a petition to deny (or to designate for servicewide basis will eliminate the MOBILE) hearing) has been filed, the amendment printing of customs Form 3255, release shall be served on the petitioner. additional file space, and at the same Service of Pre-Designation Amend­ * * * * * time insure that the record of prelimi­ ments to Applications nary entry will not become separated 3. Section 1.918(b) is revised to read as from the inward foreign manifest, the Order. At a session of the Federal follows: Bureau has decided to adopt the sug­ Communications Commission held at its § 1.918 Amendment of applications. gestion and abolish customs Form 3255. offices in Washington, D.C., on the 2d day of November 1966: ***** Accordingly, § 4.8 of the Customs Reg­ (b) Any application may be amended ulations is amended to read as follows: At the present time, the rules and reg­ ulations do not require that amendments as a matter of right prior to the designa­ § 4.8 Preliminary entry. to applications filed prior to designation tion of such application for hearing If it is desired that any vessel having for hearing be served upon persons who on board inward foreign cargo, passen­ have filed petitions to deny an applica­ 1 Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS Î4395 merely by filing the appropriate number (1959), shows a secondary, substitution of proposals set out in the notice. All duly of copies of the amendments in question (kHz) for kc/s, (MHz) for Mc/s and filed documents were considered in mak­ duly executed. If a petition to deny (or (GHz) for Gc/s. ing the following determinations. All of to designate for hearing) has been filed, 5. For the above reasons, the Commis­ the proposals made in this proceeding the amendment shall be served on the sion’s definitions under Subpart A of Part are disposed of herein with the exception petitioner. 2 of the rules should be amended by add­ of New Albany, Ohio. Except as noted, * * * * * ing the following in proper alphabetical the proposals were unopposed. B. Part 21 of Chapter I of Title 47 order: 3. RM-957. Leitchfield, Ky. In re­ of the Code of Federal Regulations is § 2.1 Definitions. sponse to the petition of Rough River Broadcasting Co., Inc., licensee of WMTL amended as follows: * * * * « (AM), our notice proposed the assign- Section 21.23(a) is revised to read as Hertz. A unit of frequency equivalent follows: men’; of a first FM channel, 285A, to to one cycle per second. The terms Hertz Leitchfield. § 21.23 Amendments of applications. (Hz) and cycle(s) per second (c/s) are 4. Fifteen thousand eight hundred (a) Any application may be amended synonymous and may be used inter­ and thirty-four persons reside in Gray­ as a matter of right prior to the designa­ changeably. son County.1 Its county seat and the tion of such application for hearing by ***** largest community, Leitchfield, has a filing the appropriate number of copies 6. The rule adopted herein simply rec­ population of 2,982. This community of the amendments.' If a petition to deny ognizes an additional definition which has one station, WMTL, a daytime-only (or to designate for hearing) has been has come into general usage. Its adop­ operation, and no FM assignments. The filed, the amendment shall be served on tion has no effect upon the use of the county has no full-time station. The the petitioner. See § 21.33 for the effect radio spectrum. Thus, the prior notice petitioner states that FM facilities could of certain amendments. and effective date provisions of section 4 be used for nighttime athletic contests, * * * * * of the Administrative Procedure Act are civic events, storm warnings, notice of [F.R. Doc. 66-12167; Filed, Nov. 8, 1966; not applicable. A u t h o r i t y for the road conditions, school closing at night 8:49 a.m.] amendment ordered herein is contained as well as during the early morning in sections 4(i), 303(r), and 308(b) of hours. the Communications Act of 1934, as 5. In light of the above, as well as the [FCC 66-950] amended. fact that the assignment of Channel 285A PART 2— FREQUENCY ALLOCATIONS 7. In view of the foregoing: It is or­ to Leitchfield in no way disturbs any AND RADIO TREATY MATTERS; dered, That effective November 10, 1966, other FM assignment, we are of the view Part 2 of the Commission’s rules is that it is in the public interest to assign GENERAL RULES AND REGULA­ amended to include the new definition this channel to Leitchfield. TIONS contained in paragraph 5, above. 6. RM-940. Rolla, Mo. On March 24, Definition of Term “Hertz” (Secs. 4, 303, 308, 48 Stat., as amended, 1066, 1966, the Commission received a petition 1082, 1084; 47 U.S.C. 154, 303, 308) from The Shaw-Me Broadcasting Co., Order. At a session of the Federal licensee of Station KTTR. In light of Communications Commission held at its Released: November 4, 1966. this petition, our notice proposed to con­ offices in Washington, D.C., on the 2d F ederal Communications sider the assignment of Channel 287 to day of November 1966; Co m m issio n ,1 Rolla and the substitution of Channel 1. The matter of adopting the word [seal] B en F. W aple, 252A for Channel 288A at Columbia, Mo., “Hertz,” synonymous with “cycle(s) per Secretary. required by the proposal. second,” was discussed at the Adminis­ [F.R. Doc. 66-12168; Filed, Nov. 8, 1966; 7. Rolla, located in Phelps County, has trative Radio Conference, Geneva (1959), 8:49 a.m.] a population of 11,132, while the county’s with the resultant English and Spanish population is 25,396 KCLU-FM (li­ editions of the international Radio Regu­ censed to Rolla Broadcasters) occupies lations, Geneva (1959), retaining cycle(s) [Docket No. 16662; FCC 66-964] the community’s only FM assignment, per second in preference to Hertz, and Channel 232A. A daytime-only AM the French edition switching to Hertz. pa rt 73— RADIO BROADCAST service and a Class IV unlimited-time 2. There has been a general trend to­ SERVICES service are also located in Rolla. The ward the use of the term Hertz in radio Table of Assignments, FM Broadcast former, KCLU, is licensed to Rolla frequency matters by Federal agencies Broadcasters while the latter, KTTR, is under the Director of Telecommunica­ Stations operated by petitioner. It is petitioner’s tions Management and by most English First report and order. In the matter position that Rolla and the surrounding speaking countries. of amendment of § 73.202, Table of as­ area need additional full time service JL The term “Hertz,” along "with the signments, FM broadcast stations which it proposes to bring to the com­ other units of the International System (Leitchfield, Ky., Rolla and Columbia, munity on Channel 287. of Units (SI) was given official status by Mo., Bakersfield, Calif., Sandusky, Mich., 8. In view of the fact that the proposal the llth General Conference on Weights Enterprise and Troy, Ala., Ladysmith, would mix a Class A and C assignment fno Measures held in Paris, France, in Wis., and Ironwood, Mich., Sturgeon Bay, in the same community and that it would i960. The American delegation to this Wis., Morris, Minn., Jerseyville, 111., Au­ assign a Class C channel to a community conference was headed by the National gusta, Ga., Brewton and Andalusia, Ala., which is neither very large nor a metro­ Bureau of Standards. In February 1964, Wickenburg, Ariz., Potsdam, N.Y., and politan area, we invited comments on the Bureau officially adopted the system New Albany, Ohio); Docket No. 16662; these aspects of the proposal. With re­ and since then has employed it exclu­ RM-957, RM-940, RM-941, RM-878, spect to the former, Show-Me submits sively in all of its publications. NASA RM-944, RM—948, RM-949; RM-956, that this is necessary in this case to effect uosequently assumed a similar position RM-958, RM-959. a fair and equitable distribution of avail­ or some of its field centers later in 1964. 1. The Commission has before it for able facilities, that such flexibility in he Institute of Electrical and Electronic consideration its notice of proposed rule allocations is needed and has in fact i QnJr eers adopted the system in January making, released May 27, 1966 (FCC 66- been used in a number of similar situa­ fnv TTai}d in its Recommended Practices 479) and published in the F ederal R eg­ tions in several States, and that it would , Ullits in Published Scientific and ister on June 2,1966 (31 F.R. 7838) pro­ serve the public interest. It points out p anical Work specifies Hertz in prefer- posing a number of changes in the FM that Rolla is the center of a large rural thf f t0 cycle(s) second and is using table of assignments. area and is far from any population cen­ term exclusively in its publications. 2. A number of formal and informal ter, with the nearest large cities at dis- n9' p .^tiould be noted that paragraph statements were filed in response to the “be English version of the inter- 1 All population figures herein are those of onal Radio Regulations, Geneva 1 Commissioner Wadsworth absent. the 1960 U.S. Census.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14396 RULES AND REGULATIONS tances of over 50 miles (Jefferson City, with a station is Bad Axe, situated nearly larger of the two communities (11,410 St. Louis, Columbia, and Springfield). 30 miles from Sandusky, and it has only compared to 10,324), and the petition as­ It estimates that a Class C station at a Class IV AM outlet—-no FM station serted that it had a much larger rate of Rolla, with an assumed power of 50 kilo­ at all.” growth between 1950 and 1960 and is now watts and an antenna height of 500 feet 12. In a counterproposal, Lapeer about 13,000 with a new junior college above average terrain, would provide a Broadcasting Co., an AM licensee at and an expanding nearby military in­ first PM signal of 1 mv/m field strength Lapeer, Mich., urged that Channel 276A stallation. The populations of these two to an area of 2,268 square miles and a be assigned there as a first channel.3 communities’ counties are, respectively, second PM signal of the same strength Lapeer has a population of 6,160 and is 30,583 and 25,987; both communities are to an area of 1,101 square miles.2 Show- the county seat and largest community the largest communities in their counties Me further contends that the proposed in Lapeer County, which has a popula­ although Enterprise is not a county seat. station would also serve an AM “white tion of 41,926. There are two AM sta­ Aside from the petition mentioned, no area” with respect to nighttime hours. tions operating in the community, comments or other pleadings were filed Finally, petitioner shows that the use of WTHM, daytime-only and licensed to herein. We invited comments on the de­ Channel 287 at Rolla will not preclude petitioner, and WMPC, a Class IV sta­ sirability of mixing C and A channels in its use or that of any of the adjacent six tion licensed for specified hours to a Enterprise which would result from the channels in any area which contains church and operated on a noncommer­ proposal. communities of over 2,300 population cial religious basis. Petitioner urges that 15. Despite the failure of petitioner to that do not already have at least one Lapeer needs and can support an FM file comments supporting its proposal, in PM assignment. Nor would it preclude station in view of the fact that it is the our view it should be adopted. The man­ a second assignment in any community population, educational, agricultural, and. date of section 307 (b) of the Act, calling as large or larger than Rolla, which, as business center for the county, that there for a fair and equitable distribution of stated, is the largest town in its area. is no adequate nighttime radio service or facilities, indicates that Enterprise, the 9. In view of the large “white area” outlet for many local news, sports, and larger community, should have a Class C which can be served by the proposed other events, and that such an outlet channel rather than being confined to a assignment of a Class C channel to Rolla, would assure the population of the limited-coverage Class A assignment the rural nature of the area, and the county up to 24 hours of weather, emer­ while Troy has two wide-coverage chan­ large distance of Rolla from large popu­ gency, school and other types of news nels. While Enterprise is not the county lation centers, we are of the view that and warnings. Letters from govern­ seat of its county as Troy is, it is its this case warrants departure from our mental, civic, educational, business and largest community. We are not per­ general policies of assigning Class A other groups are attached to the com­ suaded that Enterprise has a need for channels to small cities and Class B or C ments of Lapeer Broadcasting as evi­ two channels, and therefore we are with­ channels to large cities, and of not mix­ dence of interest and support for the drawing the assignment of Channel 228A ing of such assignments in the same city. proposed PM station. Finally, petitioner there, which will avoid the mixture of On the basis of all the comments and shows that there is an area in which a classes of channels. The channel will be data submitted in this case, we believe site may be located to conform to all available for assignment in the area if that the assignment of Channel 287 to the separation requirements and from there is demand therefor and it appears Rolla by the substitution of Channel which the required signal can be placed that the public interest would be served. 252A for 288A in Columbia would serve over all of Lapeer. 16. RM-948. Ladysmith, Wis., and the public interest. 13. W§ are of the view that both Ironwood, Mich. Ladysmith, with a pop­ 10. RM-878. Sandusky, Mich. With Sandusky and Lapeer merit the assign­ ulation of 3,584, is tile county seat and the purpose of providing Sandusky with ment of a first Class A channel and that largest community in Rusk County (pop­ a first PM service, Sanilac Broadcasting this would serve the public interest. The ulation 14,794). Its Class IV AM station, Co. proposed a series of PM reassign­ Canadian authorities have concurred in WLDY, and Class A PM channel, 288A, ments as set forth in our notice. We the assignment of Channel 249A to are the only broadcast facilities in the denied petitioner’s proposals on the Sandusky and to the assignment of county. The area is located at a consid­ grounds set out in our notice and pro­ Channel 276A to Lapeer at a site ap­ erable distance from larger population posed to consider the assignment of proximately 5 miles northeast of the city, centers, the closest sizable city being Channel 249A or Channel 276A to the provided that the Commission would about 50 miles distant (Eau Claire) and community. have no objection to the use of Channel the nearest metropolitan area about 103 11. Sandusky, the county seat of 276A in Leamington, Ontario, with a 5- miles away (Duluth-Superior). Flam­ Sanilac County (population 32,314) has mile tolerance in the direction of related beau -Broadcasting Co., the licensee of a population of 2,066. Petitioner has re­ U.S. stations. WLDY, seeks the assignment of Class C cently been granted a construction per­ 14. RM-944. Enterprise and Troy, Channel 225, which can be done if one mit for a daytime-only AM station in Ala. In response to the petition of Wire- of two Class C assignments at Ironwood, the community. It is petitioner’s view grass Broadcasting Co., licensee of AM Mich., is changed (295 substituted for that Sandusky and the farming region Station WIRB, Enterprise, the notice 226). Petitioner wishes to serve villages surrounding it requires local radio serv­ herein proposed to shift Class C Channel some 25 to 27 miles away, from which it ice. It emphasizes the community’s need 245 from Troy to Enterprise, leaving Troy draws some support but which it assert- by pointing out: “In any county devoted with one Class C assignment (Channel edly cannot provide with a really satis­ so completely to agricultural activities, 289) and giving Enterprise one Class C factory AM signal and could not serve there is a particular need for local radio along with the existing Class A assign­ Well with a limited Class A PM station. service, to supply market reports and ment (228A). None of the channels 17. While Ladysmith is a small com­ weather reports, and to provide a means mentioned is occupied or applied for. munity, it appears to be the center of a of mass communication in times of Enterprise has AM Station WIRB rather isolated area, and therefore the emergency, such as fires, storms and (daytime-only) and Troy has a fulltime assignment of a Class C channel there is power failures. The need is especially regional AM station. In 1960 Census warranted. In supporting comments acute in Sanilac County, because of its population Enterprise is slightly the WECL, Inc., an Eau Claire AM licensee, relative isolation. There is no radio sta­ suggested that Channel 288A be deleted tion of any kind situated anywhere in * On Apr. 4, 1966, Lapeer Broadcasting filed at Ladysmith so as to make it avaiiame the County. The nearest community a petition, RM-943, requesting the assign­ for use as a first assignment at Chippewa ment of Channel 244A to Lapeer. Since this Palls (this is also proposed in a petition proposal would not conform to the separa­ recently filed by another party, following a This showing was made in terms of exist­ tion requirements of the rules, a request for our denial of a proposal to put a ohanne ing services. The “white area” would be cut a waiver of these rules was also included. down somewhat by activation of a Class C Grant of the subject request would make in that city by deleting an Eau Claire assignment at Lebanon, 52 miles away, but RM-943 moot and Lapeer has stated that, in assignment). Therefore, and since there substantial “white area” would still remain. the event its request for Channel 276A is is no reason to believe that there is n There are no other Class C assignments granted, it will seek dismissal of that or demand in Ladysmith for two chan- within 75 miles of Rolla. petition.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14397 nels, we are deleting Channel 288A there, petitioner’s contention that Augusta, a It notes that, according to FCC financial and assigning Channel 225 (along with city containing 70,626 inhabitants, lo­ data, the Bakersfield market (standard the concomitant change at Ironwood). cated in Richmond County with its pop­ metropolitan statistical area) has shown 18. RM-956. Morris, Minn. We in­ ulation of 135,601, requires the potential an overall loss (expenses greater than vited comments on the possible substitu­ for two additional services—on Chan­ revenues) for the last 10 years for radio tion of Channel 298 for Channel 232A nels 272A and 276A—rather than a serv­ and the last 5 years for television (radio at Morris, as requested by petitioner Clif­ ice on its unoccupied Channel 275. In loss in 1964, $63,675). The 1960 popula­ ford L. Hedberg, licensee of Station addition, petitioner alleges that it is not tion of Bakersfield, its urbanized area KMRS-AM, with the stated intention of feasible to bring Augusta service on and its standard metropolitan statistical applying for its use. One supporting Channel 275, in that our regulations on area (Kern County) were respectively comment was filed. channel separations would require the 56,848, 141,673, and 291,984. KUZZ also 19. The facts of this case are generally transmitter of a station operating on quotes recent local estimates of 1965 similar to those in Ladysmith, just dis­ Channel 275 to be located over 20 miles population: Bakersfield, 67,300; Kern cussed. Morris, population 4,199, is the from the center of Augusta because of County, 333,300. KUZZ also sets forth county seat and largest community of existing cochannel stations in Hickory, data showing Bakersfield’s and Kern Stevens County (population 11,262). It N.C., and Columbus, Ga.4 Comity’s economic, social, and cultural is rather far removed from large centers 25. As we have often stated, we have importance and growth, e.g., 1964 county of population, the nearest being St. tried to avoid mixing Class B/C and Class retail sales of $470,102,000 time bank de­ Cloud (80 miles away) and Minneapolis A channels in the same community, to posits of $157,760,000 and farm income (103 miles distant). Its importance to avoid possible technical disparity and of $311,755;440, up respectively 60 per­ its area is indicated by the presence there competitive imbalance between stations. cent, 121 percent, and 39 percent from of a branch of the University of Minne­ However, in this case such mixture ap­ 1954, and in Bakersfield a 20,000 capacity sota and a USDA research station. Peti­ pears warranted, since there are quite stadium, 7,250-seat auditorium, 80-piece tioner seeks to serve this fairly sparsely substantial problems involved in possible symphony orchestra, art gallery, com­ populated area with a wide-coverage fa­ use of Channel 275, and without it three munity theater and a junior college with cility, reaching listeners who cannot be or more channels can be assigned to nearly 8,000 students. We note that of served adequately by his Class TV AM Augusta only by using Class A channels the three existing FM stations, one station. The substitution of a Class C such as those proposed. The increase in (KERN-FM) completely 'duplicates the for a Class A channel appears warranted the number of channels assigned should companion unlimited-time AM station, and is made. also be in the public interest, especially KGEE-PM is programed separately from 20. RM-958. Jerseyville, III. An as­ in an area such as this in which FM the AM station, and the third is inde­ signment of PM Channel 281 to Jersey­ frequencies are scarce. Accordingly, the pendent. ville was proposed in our Notice as a proposal is adopted, and Channels 272A 28. In our judgment, the assignment result of the petition of Tri-County and 276A are substituted at Augusta for of a fourth PM channel in Bakersfield is Broadcasting Co., Inc., licensee of Sta­ Channel 275. warranted and in the public interest. tion WJBM-AM, filed on May 5, 1966. 26. RM-941. Bakersfield, Calif. In Despite the number of other services 21. Jerseyville, the county seat of Jer­ this rule making proceeding, our Notice available, we believe the city’s size and sey County, population 17,023, has 7,420 proposed the addition of Channel 300 as importance, shown by the above material, inhabitants. At the present time, its a fourth PM channel at Bakersfield in make a fourth FM assignment appropri­ only broadcast facility is WJBM-AM, a response to the petition of Thunderbird ate, and it is within the general criteria Class III daytime-only directional oper­ Broadcasting Co., licensee of AM Station used in making up the PM table of as­ ation. Petitioner claims that a Class B KUZZ, Bakersfield (daytime only). This signments (two to four channels in cities assignment is appropriate because in a party filed supporting comments and re­ of 50,000 to 100,000 population) .5 It ap­ three-county area (Jersey, Calhoun and ply comments; KGEE, Inc. (KGEE and pears that the channel will be put to Greene) this is the only station and KGEE-FM, Bakersfield) filed oppositions prompt use. If KUZZ, the petitioner, is there are no PM assignments; Jerseyville to the petition and the notice proposal. the ultimate grantee on the channel, a is the largest city in these counties. It 27. The contentions of the parties cen­ third local and separate FM service dur­ is also asserted that no Class A channel ter on two related questions, the need of ing evening hours will be available. can be assigned there consistent with Bakersfield for an additional PM service, Other parties may of course seek the separation requirements, and that the and the market’s ability to support one. channel, and the best use of it can then only way it can improve service to this KUZZ asserts that there is a need, stat­ be determined on a comparative basis. area is by, the requested assignment, ing that it wishes to extend its program­ 29. As to the economic argument con­ Which would bring service to the three ing (chiefly country-western music) into cerning the ability of the market to sup­ rural counties with a population of over port an additional station, economic 40,000. nighttime hours and that distance and terrain factors present reception of some injury from an additional station in a 22. While Jerseyville itself is fairly outside PM stations. KGEE asserts that community is of course relevant only close to large centers (Alton, 111., about the market is already overcrowded and insofar as it affects the public interest. 12 miles away, and St. Louis about 25 has a plethora of broadcast service, with To impose a limit on the number of nules distant), it appears that the area 8 AM stations (6 fulltime), 3 PM stations channel assignments for this reason is as a whole is well removed from large and 3 TV stations, three other AM sta­ to impose a restriction on the forces of Population centers. Under these cir­ tions in Kern County outside of Bakers­ free competition and diversity of broad­ cumstances—and especially since it does field (all 20 miles or more away) and cast voices. In our judgment, the facts not appear that a Class A channel can numerous TV and four PM signals im­ here do not warrant such a course of oe found—a Class C assignment appears ported from Los Angeles by CATV, so action. It is true, as KGEE points out, appropriate, and the proposal is adopted. that a scarce PM channel should not be that our financial data reports for recent 23. RM-959. Augusta, Ga. In re­ wasted in this surfeited market. In sup­ sponse to the petition of Broadcasting port of its “overpopulation” contention 6 While the city itself, with a population Associates of America, Inc., licensee of of some 56,000, is near the lower limit of the tation WGUS(AM), North Augusta, two-to-four channel bracket, its immediate nil l-our no^ce Proposed to consider the 4 Originally the required distance from area (Bakersfield urbanized area) is unusu­ ^ ° n ° f Channel 275 (one of Augusta’s town was said to be 18 miles. In petitioner’s ally large for a central city of this size, over supplemental comments, which are accepted, 141,000. Little significance is to be attached "tfee FM assignments—each Class C), it is shown that, the minimum distance is to the presence of additional PM and TV sig­ and 27g^ei>lacement w^tl1 Channels 272A about 24 miles; and that, in view of the nals from Los Angeles brought in by CATV. proximity of the Savannah AEC installation, These signals of course do not represent a hac4'«At the Present time, Augusta, Ga., the distance might well have to be 28.5 miles. local service, since they originate in a city rpu~ AM services (four fulltime). With maximum EBP of 100 kw a station so over 100 miles away, and since, moreover, located would have to have an antenna they are not available to rural areas which riAic on« three PM assignments, Chan- height of over 700 feet to put the required the CATV does not serve, or to those unw ill­ s 282 and 289, are occupied. It is principal city signal over Augusta. ing to pay for the service.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14398 RULES AND REGULATIONS years show Bakersfield as an overall mum permitted ERP and substantial Escanaba), and Frankfort, Mich, (popu­ “loss” market. But we also point out antenna height, using a site south of lation 1,690, some 25 miles from Traverse that the “expense” totals used in reach­ Sturgeon Bay. WDOR in opposition City); 7 (3) the preclusive effect on ing that overall figure include certain states that no need has been shown for Channel 232A would be much greater, items which do not represent an actual an additional service, and that—con­ since absent the-Channel 231 Sturgeon cash outgo, i.e., depreciation and pay­ sidering the preclusive effect this pro­ Bay assignment it could be used in a ments to the principals of the station posal would have on needed assignments large area in Wisconsin and upper Michi­ licensees. In terms of actual cash flow, elsewhere (discussed below)—a second gan extending up to 105 miles from the stations licensed to Bakersfield Sturgeon Bay assignment, particularly of that city, including places larger than showed an overall cash flow “plus” in a wide-coVerage channel, amounts to a Sturgeon Bay and with only one chan­ 1965. Moreover, as KUZZ points out, waste of scarce FM channels and would nel presently assigned (e.g., Appleton, KGEE itself in its last renewal applica­ contravene section 307(b) of the Com­ Neenah-Menasha) and smaller places tion showed a net profit (revenues oyer munications Act. It is urged that such with no assignments (e.g., Manistique, expenses) of $9,202, before Federal in­ an assignment would be inconsistent Mich.; and Kawaunee, and Algoma, come taxes, for the first 6 months of with past Commission FM allocation Wis.) which have no FM assignments. 1965.® Under these circumstances, it is policies, including assignment of Class More than one such assignment in the inappropriate to take the restrictive C channels to large centers rather than area might be possible, depending on the course of action which withholding the smaller communities (citing our deci­ location. assignment would represent. Channel sion in Fairhope, Alabama, 2 R.R. 2d 33. If Channel 230 were used at Stur­ 300 is assigned to Bakersfield. 1630, 1639 (1964)), assignment of mul­ geon Bay instead of Channel 231, the 30. RM-949. Sturgeon Bay, Wis. Intiple channels only to larger places, and obstructing effect on other assignments response to the petition of Federalist, against mixing Class A and Class B/C would be somewhat less, since Channel Ltd., a prospective applicant, the notice channels in the same market, to avoid 232A could be used at distances 65 miles proposed to assign Class C Channel 231 potential technical inequality. It is as­ and more, instead of 105 miles and more, to Sturgeon Bay, Wis., population 7,353, serted that Sturgeon Bay—some 40 miles from that city. Thus it could be assigned the county seat and largest community from the metropolitan area of Green Bay at places such as Neenah-Menasha or in Door County, population 20,685. This (population 125,082) and only 22 miles possibly (depending on transmitter loca­ city and county have one AM station, from Marinette-Menominee, combined tion) Appleton, and also places such as WDOR (daytime-only) and one FM population about 25,000—is not the type Gladstone and Manistique, Mich. Its channel assignment, Channel 240A, on of smaller community in which we have impact on other channels would be about which Door County Broadcasting Co., made an exception to our general policy the same at that of 231 (Channel 227, as­ Inc. (WDOR, the AM licensee), holds with respect to Class B/C assignments. signed to Escanaba, cannot be used else­ a construction permit for WDORr-FM Economic arguments are also urged: it where in the area anyhow). (issued in November 1965). Federalist’s is asserted that a second AM station 34. It is also to be noted that this petition sought either Channel 230 or failed to survive in Sturgeon Bay in the area—particularly that portion of Door 231, both assignable at Sturgeon Bay past; that Door County, a fruit-growing County to the north of Sturgeon Bay—is consistent with mileage separations, but and summer resort area of a seasonal an unusually isolated one, lying as it does character, has limited advertising po­ on the peninsula separating Green Bay preferably the latter because of “inter­ from Lake Michigan. While Sturgeon ference” conditions created by other sta­ tential; that, after earlier difaculties, WDOR (AM) has become modestly prof­ Bay itself is about 40 miles from the large tions on the respective channels; the city of Green Bay, the northern part of notice proposed Channel 231, pointing itable and is thus able to afford improve­ out that Channel 230 would be at near­ ment of its facilities via FM at a sub­ Door County lies about 75 miles from that stantial investment ($15,000) , but that city. While it is only some 14 miles by minimum spacings to the Channel 227 air and water from this area to Mar­ assignment at Escanaba, Mich., creating economic difficulties may be expected in the early stages of the FM operation, and inette-Menominee it is over 100 miles by possible site-location problems. The land. Moreover, northern Door County notice pointed out that Sturgeon Bay it is not in the public interest to doom the new FM station by forcing it to compete appears to have little FM service, with is not a very large community and may no 1 mv/m or stronger signals presently not warrant the assignment of a second with a wide-coverage Class C operation, which “can well have a disastrous ad­ received. Neither the Green Bay Class FM channel, but stated that favorable C station nor WDOR-FM when it com­ consideration would be given to the re­ verse effect on WDOR—FM, and perhaps even on WDOR, in this small and limited mences operation provides a signal of as quest if it could be shown that the as­ much as 200 uv/m into the northern end signment would not preclude the assign­ market.” 32. Petitioner’s showing as to the pre­of the peninsula. Other than the Green ment of Channel 231 or adjacent Bay stations and WDOR, the closest channels in other communities where clusive effects of the Channel 231 Sturgeon Bay assignment on this and existing Class C FM stations are at Tra­ there may be a future need for such an verse City, Mich., some 75 miles away assignment. related channels is as follows: (1) There would be no effect on channels other across Lake Michigan. If activiated, 31. The only commenting parties werethan 230, 231, and 232; (2) as far as channels at Marinette-Menominee and Federalist and WDOR, respectively sup­ Channels 230 and 231 are concerned, Escanaba would provide a better signal, porting and opposing the proposal. Fed­ since much of the area involved lies in but these are unapplied for and in any eralist asserts that there is a need for Lake Michigan, there are only fairly event these cities are far removed from an independent FM service in Sturgeon small areas in upper and lower Michigan, the Sturgeon Bay area as far as lana Bay and Door County, that, while a and of course most of Door County out­ travel is concerned. In our view, there is Class A assignment could be made at side of Sturgeon Bay, where one or both considerable to be said for a wide-cover­ Sturgeon Bay a Class C channel would could be used in the absence of the pro­ age assignment in this area. have much wider coverage, which is to posed assignment. As to cities larger 35. It is also to be noted that there ar be desired; and that if the assigment is than Sturgeon Bay, Channel 230 could few wide-coverage assignments in_ this made it will apply for its use with maxi- be used as a fourth FM assignment at whole region. In the entire northeast. Traverse City (population 18,434, the «1965 figures for the 11 stations licensed 7 WDOR’s showing listed Madison a to Bakersfield (6 AM only, 2 AM-FM, 1 FM- three FM channels in use or applied for), or Channel 231 could be used as a third Marinette-Menominee as places w“ere only); Revenues, $1,200,533; expenses (in­ proposed assignment would preclude cluding depreciation and payments to prin­ at Escanaba (population 15,391, neither assignments on Channel 231, hut t _ . cipals), $1,239,887; net loss (expenses over of the two channels occupied). While shown to be incorrect, since the revenues), $39,354; depreciation, $75,266; the showing did not include a study of cannot be used there anyhow. Petitioner payments to principals, $116^332; net cash towns smaller than Sturgeon Bay, it ap­ showing was incomplete in that i^ dea flow gain, $153,244. KGEE or other parties pears that the only ones with popula­ with towns larger than Sturgeon Bay,_ . will, of course, have an opportunity to raise tions of more than 1,500 are some other which have FM assignments, gu the “CarroU issue” in connection with any towns in Door County, Gladstone, Mich, smaller places with no assignments application which may be filed for the new possible future needs. assignment. (population 5,267, some 8 miles from

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14399 quarter of Wisconsin—north of Lake applicants, WDOR-FM and petitioner as spect to the communities listed below, as Winnebago, and east of Stevens Point well as others who may be interested. follows: and Wausau—there are only five Class 38. We also note WDOR’s economic City C assignments, at Appleton, Green Bay, arguments. But, as in the case of Alabama: Channel No. Marinette, Rhinelander, and Shawano. Bakersfield discussed above, the facts A n d alu sia__ ------251 Three of these are in use. Channel 230 here do not warrant our adopting a re­ B rew to n ___ ------292A was formerly assigned to Green Bay; but strictive course of action on the basis Enterprise__ ------245 it could not be used except at a consid­ of such considerations, taking into ac­ T r o y ------289 erable distance out of the city, no de­ count WDOR’s profitability and the fact Arizona: mand developed for its use on this basis, that such objections can be raised later Wickenburg _ ------288A and it was recently deleted to make pos­ California: in connection with an application for the Bakersfield__ — 231, 243, 268, 300 sible a Class A assignment on Channel new channel.' Georgia: 228A in another community. Under 39. As mentioned, we have chosen Augusta____ 272A, 276A, 282, 289 these circumstances, it appears to be a Channel 230 instead of 231 as proposed. Illinois: desirable consideration to provide an­ This is because it has a substantially less Jersey ville __ ------281 other wide-coverage assignment in the restrictive effect on use of Channel 232A, K entucky: general area. permitting its use, for example, for two Leitchfield _ ------285A 36. Upon consideration of all the rele­ Michigan: local assignments at Neenah-Menasha Iro n w o o d __ vant facts and arguments, in our view a and Manistique, which would not be pos­ ------259,295 Class C channel should be assigned at Lapeer______------276A sible if 231 were assigned. Used in Sandusky __ ------249A Sturgeon Bay, and it should be Channel Sturgeon Bay itself it would be at just Minnesota: 230 instead of Channel 231. While Stur­ about minimum spacings to Escanaba, M o rris_____ ------298 geon Bay is not a large community, it and, while petitioner proposes to use it Missouri: is the center of an area at least part of some distance to the south, it cannot C olum bia___ ------244A, 252A which is exceptionally isolated from large be assumed that Federalist will neces­ H o lla ______------232A, 287 population centers and receives rela­ New York: sarily become the grantee. If parties P otsd am ____ tively little PM service. Both the cause interested in the new assignment, or in - ...... — 257A of providing service to this under-served W isconsin: use of Channel 227 at Escanaba, believe L a d y sm ith _ ...... 225 area (some of which could not be ade­ there may be problems in this regard, Sturgeon Bay. ------230, 240A quately served with a Class A assign­ they may seek reconsideration and we ment) and the interests of allocation ef­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. will consider assigning Channel 231 in­ 154. Interpret or apply secs. 303, 307, 48 ficiency are served by making a Class C stead. We do not contemplate allowing Stat. 1082, 1083; 47 U.S.C. 303, 307) assignment in the area, and there appear any short separation between stations at to be no communities where either Chan­ the two cities. Ala), since Channel 230 Adopted: November 2, 1966. nel 230 or 231 can be used more appro­ was not proposed in the notice it has not Released: November 4, 1966. priately than Sturgeon Bay. Moreover, been referred to Canadian authorities for it serves the cause of allocation efficiency their concurrence, and such concurrence F ederal Communications to take advantage of a wide-coverage as­ will be necessary before any authoriza­ Co m m issio n,8 signment formerly located In an area [ seal] B e n F . W aple, tion for the channel can be issued. Secretary. having relatively few of them (north­ However, in view of the lack of any ap­ eastern Wisconsin) but not put to use parent impact on Canadian assignments, [F.R. Doc. 66-12169; Piled, Nov. 8, 1966; where formerly assigned because of sepa­ it is not anticipated that there will be 8:49 a.m.] ration problems. Under these circum­ any problems in this connection. stances—and also because it will prevent 40. Changes on Commission’s own a monopoly of local broadcast services in motion. On our own motion, we pro­ [Docket No. 16882; FCC 66-965] the community and county—the assign­ posed to eliminate several short-spaced PART 73— RADIO BROADCAST ment of the channel to Sturgeon Bay is assignments by making the following desirable and in the public interest, and changes: SERVICES in no sense a “waste” of the channel. It is true that the assignment precludes use UHF Television Broadcast Channel, Channel No. Staunton, Va. of Channel 232A in a number of places, City including some having no local broadcast Report and order. In the matter of outlets (e.g., Kewaunee); but any allo­ Present Proposed amendment of the table of assignments cation judgment represents a balance in § 73.606(b) of the Commission rules between providing wide coverage on the Andalusia, Ala...... 251,293 251 Brewton, Ala______296A 292A and regulations to assign a UHF tele­ one hand and one or more local outlets Wickenburg, Ariz...... 26IA 288A vision broadcast channel to Staunton, on the other, and here the balance must Potsdam, N.Y...... 256 -257A New Albany, Ohio...... Va., and reserve it for educational use; be in favor of making efficient use of the 280A Docket No. 16882, RM-898. wide-coverage channel to provide serv- 1. On September 22, 1966, the Com­ lce to an under-served area. It appears With the exception of New Albany, Ohio, mission issued a notice of proposed rule that other channels are available for as­ none of the above proposals were opposed. making in the above entitled matter, signment in the area if needed (e.g., With respect to New Albany, a number proposing to assign Channel 51 to Staun­ Channel 224A may be assigned to Ke­ of pleadings involving counterproposals ton, Va., and reserve it for educational waunee) . have been filed. These will be consid­ use. The proceeding was initiated on 37. We recognize that the assignmentered in a subsequent report and order. the basis of a joint petition by the Ad­ is contrary to our general policy of mix- Since the remaining proposals require visory Council on Educational Television , g.J"ass B/C and Class A assignments deletion of short-spaced . assignments of the Commonwealth of Virginia and m tne same community; but in our view and in some cases are delaying action on the Shenandoah Valley Educational is is outweighed by the service bene- applications, we find them to be in the Television Corp. Interested parties were Jjis gained. We have given considera­ public interest and are adopting them. invited to comment on the proposal on b l y 0 assigning a Class A channel in- 41. Authority for the amendments or before October 5, 1966, and could re­ Channel 232A—but this adopted herein is contained in sections ply to such comments on or before nn have no less of a Preclusive effect 4(i), 303, and 307(b) of the Communi­ October 17,1966. on otner assignments than does 230 (and cations Act of 1934, as amended. 2. Comments were received from the to be in this respect about as 42. In accordance with the determina­ petitioners and from the National Asso­ as any Class A channel tions made above : It is ordered, That ef­ ciation of Educational Broadcasters be) and would not have the serv- fective December 12,1966, § 73.202 of the assi£x^fit *menti°ned. The new Class C Commission’s rules, the Table of FM As­ 8 Commissioner Cox dissenting to the as­ signment will of course be open to all signment at Rolla, Mo.; Commissioner Wads­ signments, is amended to read, with re- worth absent.

No. 218—Pt. I- 4 FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14400 RULES AND REGULATIONS No. 14229; petition for partial reconsid­ City Channels (NAEB). Both comments supported the Rosenberg, Tex------45 proposed assignment. There was no op­ eration re assignment to Rosenberg, Tex. position to the proposal. Staunton is 1. On February 9, 1966, the Commis­ No t e : The appropriate offset w ill be desig­ in the so-called “radio quiet zone” estab­ sion adopted the fifth report and memo­ nated in a further Order. lished for the protection of radio astron­ randum opinion and order in the above- 4. It is further ordered, That the con­ omy observations at the National Radio entitled matter (FCC 66-137) revising struction permit of D. H. Overmyer Astronomy Observatory n e a r Green the table of assignments for UHF tele­ Broadcasting Co. for KJDO-TV at Ros­ Bank, W. Va., and the Naval Radio Re­ vision broadcast channels. As a part of enberg, Tex., is modified, effective De­ search Observatory near Sugar Grove, that proceeding, a petition (RM-857) cember 12, 1966, to specify Channel 45 W. Va. The quiet zone is described in filed by D. H. Overmyer Broadcasting Co. instead of Channel 58, subject to the § 73.623 of the Commission rules. Ne­ (Overmyer), permittee of KJDO-TV, following conditions : gotiations with representatives of the ob­ Channel 58, Rosenberg, Tex., requesting (a) That the permittee shall advise servatories conducted prior to the issu­ the substitution of Channel 14 for Chan­ the Commission in writing by November ance of the notice of proposed rule nel 58 at Rosenberg, Tex., was denied. 15, 1966, of its acceptance of the modi­ making brought about mutually, accept­ On March 11,1966, Overmyer filed a peti­ fication of its authorization; and able criteria concerning the location and tion for partial reconsideration of the (b) That the permittee shall submit use of Chanel 51. The petitioners com­ fifth report insofar as it denied its origi­ to the Commission by December 12,1966, mented that while the proposal does not nal petition, noting the Commission’s all necessary information for the prep­ provide the maximum educational tele­ statement that: aration of a modified authorization to vision broadcast service in the Shenan­ Petitioner may review its requests in light construct and operate on the newly speci­ doah Valley area which would be pos­ of the new plan and renew them with a fied channel with transmitting facilities sible were it not for the proximity of the showing, as described in paragraph 63, that meeting all requirements of the Commis­ Sugar Grove and Green Bank facilities, a requested lower assignment would not re­ sion rules for operation on that channel. the Commission should nonetheless make sult in loss of efficiency. (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. the assignment as proposed. NAEB in The petition was accompanied by an 154. Interpret or apply secs. 303, 307, 48 Stat. its supporting comments also called at­ 1082, 1083; 47 U.S.C. 303, 307) tention to the need for additional facili­ engineering statement showing that ties in the radio quiet zone and expressed Channel 14 could be assigned to Rosen­ Adopted: November 2, 1966. gratification that some accommodation berg by deleting it from Houston, Tex., Released: November 4, 1966. had been reached which permits educa­ and replacing Channel 14 with Channel tional broadcasting without jeopardizing 45 in Houston. The statement claimed F ederal Communications the significant public interests at stake that the assignment of Channel 14 to Commission,1 in the work of the radio astronomy Rosenberg can develop no greater impact [seal] Bén F. W aple, observatories. on other existing or potential assign­ Secretary. 3. In the light of the foregoing and ments than exists with Channel 14 at [F.R. Doc. 66-12171; Filed, Nov. 8, 1966; Houston, pointing out that Overmyer 8:49 a.m.] pursuant to the authority contained in proposes to use Channel 14 near the site sections 4 (i), 303, and 307(b) of the Com­ of the Houston “tall tower” assignments. munications Act of 1934, as amended: [Docket No. 16387; FCC 66-954] It is ordered, That, effective December Some general assumptions were made but 12, 1966, the table of assignments in no detailed showing as to specific mile­ PART 91— INDUSTRIAL RADIO § 73.606(b) of the Commission’s rules is ages and channel availabilities was given. SERVICES amended, by inserting the following 2. Since Channel 14 is reserved for entry at the appropriate place in the educational use in Houston action on Cooperative Use of Radio Stations in table: the petition was deferred until the im­ Mobile Radio Service City Channel pact of the proposed shift of channels Staunton, Va______*51 on the orderly development of educa­ Report and order. In the matter of tional TV broadcasting could be evalu­ amendment of Part 91 of the Commis­ No t e : The appropriate offset will be desig­ sion’s rules governing the Industrial Ra­ nated in a subsequent order. ated. On August 1, 1966, Overmyer filed a supplement to the petition for partial dio Services, to enable licensees to install 4. It is further ordered, That this pro­ reconsideration in which the Commission mobile units in the vehicles of persons ceeding is terminated. was informed that it would be in the who provide certain services to the li­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. public interest to simplify the original censee under contract; Docket No. 16387. 154. Interpret or apply secs. 303, 307, 48 Stat. proposal by substituting Channel 45 for 1. On December 27,1965, the Commis­ 1082, 1083; 47 U.S.C. 303, 307) Channel 58 in Rosenberg and that the sion released a notice of proposed rule making in the above-entitled matter. Adopted: November 2,1966. petitioner, as permittee of KJDO-TV, Channel 58, Rosenberg, is willing to ac­ The notice was published in the F ederal Released: November 4,1966. cept Channel 45 in lieu of Channel 58 or R egister on December 30, 1965 (30 F.R. Channel 14. The assignment of Channel 16271). Comments thereon were re­ F ederal Communications quested by February 7, 1966, and reply Commission,1 45 to Rosenberg would not require any other changes in the table of assign­ comments by March 1, 1966. Timely [seal] Ben F. Waple, comments were filed by Forest Industries Secretary. ments. Furthermore, Channel 45 at the site authorized for KJDO-TV would be Radio Communications; Halliburton Co.; [F.R. Doc. 66-12170; Filed, Nov. 8, 1966; Reclamation District No. 2035, Wood­ 8:49 a.m.] somewhat more efficient in terms of im­ pact on available additional assignments land, Calif.; Houston Contracting Co.; than would the assignment of Chan­ National Association of Manufacturers Communications Committee (NAM). [Docket No. 14229; FCC 66-968] nel 58. 3. Therefore, upon reconsideration of National Committee for Utilities Radio PART 73— RADIO BROADCAST the assignment made to Rosenberg, Tex., (NCUR) ; Special Industrial Radio Serv­ SERVICES ice Association, Inc. (SIRSA) ; and Cen­ in the fifth report and memorandum tral Committee on Communication Fa­ opinion and order in Docket No. 14229, Expanded Use of UHF Television it is our conclusion that Channel 45 cilities of the American Petroleum In­ Channels; Rosenberg, Tex. should be substituted for Channel 58. stitute (API). No reply comments were filed. Memorandum opinion and order. Accordingly, pursuant to the authority 2. In its notice, the Commission pro­ In the matter of fostering expanded contained in sections 4(i), 303, and 307 posed to amend § 91.6 of its rules, which use of UHF television channels, Docket (b ): It is ordered, That, effective Decem­ provides for the shared use of radio sta­ ber 12, 1966, the table of assignments in tions in the mobile service, to permit a 1 Dissenting statement of Commissioner § 73.606(b) of the Commission rules is amended insofar as the city named below Loevinger filed as part of original document; Commissioner Wadsworth absent. Commissioner Wadsworth absent. is concerned, to read as follows:

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14401 licensee to install mobile units licensed effect ten days after filing the control licensee verifying that the licensee has to him in the vehicles of persons fur­ agreement with the Commission, unless the sole right to control the mobile radio nishing the licensee, under contract, a the Commission rejects it within that units, that the vehicle operators shall facility or service directly related to the time. Section 91.6 does not now require operate the radio units subject to the activities in connection with which his submission of control agreements for re­ orders and instructions of the base sta­ radio facilities are authorized. It was view. It requires that they should be tion operator and that the licensee shall also proposed to require the licensee to kept with the station records and should at all times have such access to and con­ maintain exclusive control over the ra­ be made available for inspection on re­ trol of the mobile equipment as will en­ dio units installed in these vehicles and quest. The amendments considered able him to carry out his responsibilities that he enter into a written agreement herein would not change that procedure. under his license. A copy of the agree­ with the owner of the vehicle specifying The suggestion of SIRSA has merit and ment with vehicle owners required hereby that the licensee shall have exclusive will be given consideration with respect shall be kept with the station records. control and the sole responsibility for to all arrangements for the shared use the proper operation of these units. of radio facilities in the mobile service.8 [F.R. Doc. 66-12172; Filed, Nov. 8, 1966; 3. All comments favored our proposal. However, it is beyond the scope of this 8:49 a.m.] However, API and the Halliburton Co. proceeding and there is no urgent need would broaden the rule to permit the to impose this requirement at this time installation of mobile units in the ve­ with respect to the limited shared use of Title 50— WILDLIFE AND hicles of persons for whom the licensee radio facilities authorized herein. performs some service or furnishes equip­ 5. Accordingly, we find that the public ment to the licensee under contract. interest would be served by adopting the FISHERIES This suggestion will be rejected. The amendment of the rules as proposed. Chapter I— Bureau of Sport Fisheries purpose of the proposed amendment of Authority for the amendments ordered and Wildlife, Fish and Wildlife the rules was to satisfy a requirement herein, is contained in sections 4(i) and Service, Department of the Interior of licensees to control and dispatch ve­ 303 of the Communications Act of 1934, hicles operated by subcontractors and as amended. PART 32— HUNTING other persons in situations where a li­ 6. Therefore, it is ordered, That, effec­ censee needs to do so in the same man­ tive December 12,1966, § 91.6 of the Com­ Agassiz National Wildlife Refuge, ner as his own vehicles and where these mission’s rules is amended as set forth Minn. vehicles are used exclusively to conduct below and that this proceeding is hereby The following special regulation is is­ the business activity of the licensee. terminated. Thus, a contractor building a bridge sued and is effective on date of publica­ (Sec. 4, 48 Stat. 1066, as amended; 47 TLS.C. tion in the F ederal R egister. would be able to install units in the 154. Interpret® or applies sec. 303, 48 Stat. vehicles and equipment of subcontractors 1082, as amended; 47 U.S.C. 303) § 32.32 Special regulations; big game; and others furnishing such vehicles and for individual wildlife refuge areas. equipment so that the contractor may Adopted; November 2,1966. M innesota dispatch and control them. The Halli­ Released: November 4,1966. burton Co. and API suggested the reverse AGASSIZ NATIONAL W ILDLIFE REFUGE of this proposition. Thus, for example, a F ederal Communications licensee furnishing the bridge contractor Co m m iss io n ,8 Public hunting of deer on the Agassiz tractors and other specialized equipment [ seal] B en F . W aple, National Wildlife Refuge, Minn., is per­ under contract would be permitted, un­ Secretary, mitted from sunrise to sunset November der the Halliburton and API proposal, to Section 91.6 of the Commission’s rules 12 through November 16, 1966, inclusive, install radio units in the vehicles of the in amended by adding a new paragraph only on the area designated by signs as contractor. This could lead to situations (d) to read: open to hunting. This open area com­ where the radio equipment would be used prises 58,660 acres, is delineated on a for purposes which are not related to the § 91.6 Cooperative use of radio sta­ map available at the refuge headquarters basis upon which the licensee’s eligibility tions in the mobile radio service. at Middle River, Minn., and from the Re­ was established and in which the ve­ ***** gional Director, Bureau of Sport Fish­ hicles would not be subject to the control (d) A licensee may install mobile units eries and Wildlife, 1006 West Lake Street, of the licensee. Thus, broadening the licensed to him in the vehicles of per­ Minneapolis, Minn. 55408. Hunting shall rules as suggested is not considered to sons furnishing to the licensee, under be in accordance with all applicable State be justified.1 É contract, and for the duration of the con­ regulations covering the hunting of deer. 4. SIRSA suggested that the Commis­ tract only, a facility or service directly The provisions of this special regula­ sion review the control agreements be­ related to the activities that constituted tion supplement the regulations which fore the units are installed in the ve­ eligibility for the station licensee in the govern hunting on wildlife areas gen­ hicles of others, but that the licensee be service in which he is authorized. The erally, which are set forth in Title 50, permitted to put his arrangement into licensee shall maintain exclusive control Code of Federal Regulations, Part 32, over the operation of the units. In order and are effective through November 16 1966. NCUR suggested that the new rule should to maintain such control, each person in permit the licensee to install mobile units in whose vehicles the mobile units of the Claude R. A lexander, the vehicles of his employees. This is not licensee are to be installed shall enter Refuge Manager, Agassiz Na­ necessary. Existing rules do not prohibit the into a written agreement with the tional Wildlife Refuge, Middle installation of a mobile radio unit in a River, Minn. vehicle belonging to an employee of the 8 A procedure for prior review of all ar­ ncensee if the unit is used solely to transmit rangements for sharing fixed radio stations O ctober 31,1966. the communications of the licensee and if was adopted in Docket 16218. See § 91.9(g). he maintains control over its use. IF.R. Doc. 66-12153; Filed, Nov. 8, 1966; 8 Commissioner Wadsworth absent. 8:48 am .]

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14402 Proposed Rule Making

§ 993.172 Reports of holdings, receipts, Pursuant to the provisions of the Agri­ DEPARTMENT OF AGRICULTURE uses, and shipments. cultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), Consumer and Marketing Service ***** (d) Shipments by handlers. Begin­ and the applicable rules of practice and [ 7 CFR Part 993 1 ning in 1967 and prior to the 10th calen­ procedure governing the formulation of dar day of each month, each handler marketing agreements and marketing or­ DRIED PRUNES PRODUCED IN shall file with the committee a signed ders (7 CFR Part 900), notice is hereby CALIFORNIA report on Form PAC 12.1, “Report of given of a public hearing to be held at the Interdepartmental Auditorium, De­ Reports of Holdings, Receipts, Uses, Shipments’’ reporting shipments of prunes during the crop year through the partment of Labor, 12th and Constitution and Shipments last day of the month immediately pre­ Avenue NW., Washington, D.C., begin­ ning at 9 a.m., e.s.t., on November 17, Notice is hereby given of a proposal to ceding. Such report shall contain at least the following information: 1966, to consider proposed amendments revise certain provisions of the Subpart— to the tentative marketing agreements Administrative Rules and Regulations (1) The date, the name and address of the handler, and the period covered and to the orders, regulating the han­ (7 CPR Part 993; 31 F.R. 2777, 5751, dling of milk in the Washington, D.C., 13751). The subpart is operative pur­ by the report; Massachusetts-Rhode Island, New York- suant to the marketing agreement, as (2) The poundages of prunes shipped or otherwise disposed of, other than New Jersey, Delaware Valley, Upper Flor­ amended, and Order No. 993, as amend­ ida, Tampa Bay, Southeastern Florida, ed (7 CPR Part 993), regulating the han­ shipments to or for the account of other handlers, as follows: (i) Domestic out­ Connecticut, and Upper Chesapeake Bay dling of dried prunes produced in Cali­ marketing areas to reflect appropriate fornia, effective under the Agricultural lets (including Federal Government agencies) segregated by uses; (ii) ex­ Class I prices in light of economic and Marketing Agreement Act of 1937, as marketing conditions. amended (7 U.S.C. 601-674). port markets, segregated by countries; (iii) by type of pack (carton, visipak, With respect to the Upper Florida The proposal would change the report­ marketing area this hearing will consider ing requirements currently in § 993.172 and other) segregated by domestic out­ lets and export markets, and (iv) as the possible amendment of the order an­ by (1) deleting paragraph (c) thereof nexed to the final decision on a proposed requiring handlers to submit monthly pitted prunes (pitted weight) segregated by domestic outlets and export markets; Upper Florida order which was issued reports of sales, and (2) changing the October 7, 1966, if that order should be­ information currently required by para­ (3) The total poundage shipped to or for the account of other handlers, in­ come effective. graph (d) thereof to be shown on han­ The public hearing is for the purpose dlers’ monthly reports of shipments to cluding interhandler transfers; and (4) The total poundage of prunes not of receiving evidence with respect to the include, among other things, domestic economic and emergency marketing con­ shipments by use, export shipments by covered by, or excluded from, the defini­ tion of the term “prunes” (§ 993.5) ditions which relate to the appropriate country of destination, and shipments by levels of Class I prices to be established type of pack (carton, visipak, and other) shipped. for the months of December 1966 through in domestic outlets and export markets. * * * * * June 1967 under each of the aforesaid Deletion of the sales report requirement Dated: November 4,1966. orders. At the hearing, evidence also would become effective after the time for P aul A. N icholson, will be received on the question of filing sales reports for the period August whether the due and timely execution 1, 1966, through December 31, 1966, has Deputy Director, Fruit and Vegetable Division. of the functions of the Secretary impera­ expired. The first revised shipment re­ tively and unavoidably requires the port would be submitted in January 1967, [F.R. Doc. 66-12187; Filed, Nov. 8, 1966; omission of a recommended decision in and would cover shipments during the 8:50 a.m.] connection with any emergency amend­ current crop year through December 31, atory action that may be required with 1966. Subsequent shipment reports respect to any of the aforesaid orders. would be submitted monthly. The pur­ f 7 CFR Parts 1001-1004, 1006, 1012, This notice is issued in-response to a pose of the proposed action is to provide request by cooperative associations of the committee with more accurate and 1013, 1015, 1016 1 meaningful industry statistics than are [Docket No. AO 293—A15, etc.] producers supplying milk to most of the currently being obtained. areas in which the handling of milk is All persons who desire to submit writ­ MILK IN WASHINGTON, D.C., AND regulated by Federal milk orders. These ten data, views, or arguments in connec­ CERTAIN OTHER MARKETING AREAS associations maintain that emergency tion with the aforesaid proposal should Notice of Hearing on Proposed action is necessary to prevent anticipated file the same in quadruplicate with the price reductions which may result in milk Hearing Clerk, U.S. Department of Agri­ Amendments to Tentative Mar­ culture, Room 112, Administration Build­ keting Agreements and Orders shortages. ing, Washington, D.C. 20250, not later The aforesaid proposals have not re­ than the seventh day after publication 7 CFR Marketing area Docket Nos. ceived the approval of the Secretary of of this notice in the F ederal R egister. Parts Agriculture. All written submissions made pursuant to this notice will be made available for 1001 Massachusetts- RhoSie AO 14-A40. Signed at Washington, D.C., on No­ Island. vember 4, 1966. public inspection at the office of the 1002 New York-New Jersey___ AO 71-A49. Hearing Clerk during regular business 1003 Washington, D.C...... — AO 293-A15. Clarence H. G irard, hours (7 CFR 1.27(b)). 1004 Delaware Valley______AO 160-A32. 1006 Upper Florida.______AO 356-A1. Deputy Administrator, The proposal is as follows: 1012 Tampa Bay______AO 347-A5. Regulatory Programs. Revise the section heading of § 993.172 1013 Southeastern Florida_____ AO 286-A12. 1016 Connecticut______AO 305-A14. [F.R. Doc. 66-12186; Filed, Nov. 8, 1966; and the provisions of paragraph (d) 1016 Upper Chesapeake Bay__ AO 312-All. thereof to read, respectively, as follows: 8:50 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14403

[ 7 CFR Parts 1005, 1008, 1009, 1011, This notice is issued in response to a in the producer-handler definition 1033-1036, 1040, 1041, 1043, request by cooperative associations of should be made. 1046-1049, 1090, 1098, 1101 ] producers supplying milk to most of the The order now provides that a pro­ areas in which the handling of milk is ducer-handler cannot dispose of any [Docket No. AO 179-A27, etc.] regulated by Federal milk orders. These Class n products except those produced MILK IN NORTHEASTERN OHIO AND associations maintain that emergency in his own plant or received from pool action is necessary to prevent antici­ plants. The disposition of other Class CERTAIN OTHER MARKETING AREAS pated price reductions which may result n products would cause him to lose his Notice of Hearing on Proposed in milk shortages. producer-handler status. Amendments to Tentative Market­ The aforesaid.proposals have not re­ The operator of a nonpool manufac­ ceived the approval of the Secretary of turing plant proposed the recommended ing Agreements and Orders Agriculture. change in the producer-handler defini­ tion. The plant manufactures sour Marketing area Signed at Washington, D.C., on No­ 7 CFR Docket Nos. vember 4, 1966. cream, a Class II product; and yogurt, Parts cottage cheese and “dips”, all Class III Clarence H. G irard, products. Before the Tampa Bay order 1005 Tri-State______AO 177-A28. 1008 Wheeling______AO 268-All. Deputy Administrator, became effective, the presently desig­ 1009 Clarksburg______... AO 268-All. Regulatory Programs. nated producer-handlers in the area 1011 Appalachian___r_. . AO 251-A8. 1033 Cincinnati______AO 166-A33. [F.R. Doc. 66-12185; Filed, Nov. 8, 1966; purchased these products, particularly 1034 Dayton-Springfield..... AO 175-A24. 8:50 a.m.] sour cream, from the operator of the 1035 Columbus______AO 176-A21. 1036 Northeastern Ohio___ AO 179-A27. nonpool plant. With the advent of the 1040 Southern Michigan___ AO 225-A17. order, these persons ceased purchasing 1041 Northwestern Ohio___ AO 72-A30. [ 7 CFR Part 1012 ] his products because they did not want 1043 Upstate Michigan____ AO 247-A10. 1046 Louisville-Lexington- AO 123-A31. [Docket Nos. AO 347-A1, AO 347-A4] to lose their producer-handler status by Evansville. ' - selling a Class II product purchased from 1047 Fort Wayne______AO 33-A34. 1048 Y oungstown-Warren__ AO 325-A7. MILK IN TAMPA BAY MARKETING a nonpool source. 1049 Indianapolis. . . _____ AO 319-A8. AREA Handlers and producer groups in the 1090 Chattanooga______AO 266-A7. 1098 Nashville______AO 184-A24. market opposed such a change in the or­ 1101 Knoxville...... AO 195-A12-R01. Decision on Proposed Amendments der. They argued that with this change to Tentative Marketing Agreement producer-handlers could enhance their Pursuant to the provisions of the Ag­ and to Order competitive position relative to other ricultural Marketing Agreement Act of handlers and producers in the market. Pursuant to the provisions of the Agri­ They urged that, instead, more stringent 1937, as amended (7 U.S.C. 601 et seq.), cultural Marketing Agreement Act of and the applicable rules of practice and restrictions are necessary. It was sug­ 1937, as amended (7 U.S.C. 601 et seq.), gested that a producer-handler be al­ procedure governing the formulation of and the applicable rules of practice and marketing agreements and marketing or­ lowed to sell only those Class II products procedure governing the formulation of made in his own plant. ders (7 CFR Part 900), notice is hereby marketing agreements and marketing given of a public hearing to be held at The sofirce of any Class II products orders (7 CFR Part 900), public hearings sold by a producer-handler should not the Statler Hilton Hotel, Euclid and East were held at Tampa, Fla., on March 7, 12th Streets, Cleveland, Ohio, 9 a.m., lo­ be a factor affecting his status under the 1966, and September 13, 1966, pursuant order. Reliance on sources other than cal time, November 14, 1966, to consider to notices thereof issued on February proposed amendments to the tentative his own production or pool plants for 18, 1966 (31 F.R. 3125), and August 23, Class H products would not provide a marketing agreements and to the orders, 1966 (31 F.R. 11397). regulating the handling of milk in the producer-handler with any significant Upon the basis of the evidence intro­ competitive advantage over regulated Northeastern Ohio, Tri-State, Wheeling, duced at such hearings and the records Clarksburg, Appalachian, Cincinnati, handlers with respect to the sale of such thereof, the Deputy Administrator, Reg­ products. Dayton-Springfield, Columbus, Southern ulatory Programs, on September 12,1966 Michigan, Northwestern Ohio, Upstate The Tampa Bay order Class II price (31 F.R. 12102; F.R. Doc. 66-10134), and was established at a level which would Michigan, Louisville-Lexington-Evans­ October 17, 1966 (31 F.R. 13605; F.R. ville, Fort Wayne, Youngstown-Warren, make producer milk competitive with Doc. 66-11488), filed with the Hearing concentrated milk products from unin­ Indianapolis, Chattanooga-, ' Nashville, Clerk, U.S. Department of Agriculture, and Knoxville marketing areas to reflect spected sources. Such products are his recommended decisions containing often used in making Class H products. appropriate Class I prices in light of eco­ notice of the opportunity to file written nomic and marketing conditions. With Whether regulated handlers use pro­ exceptions thereto. ducer milk or concentrated milk products respect to the order regulating the han­ The material issues, findings and con­ dling of mill? in the Knoxville, Tenn., to make Class n products, their product clusions, rulings, and general findings of cost would be comparable to the product marketing area this hearing represents a the recommended decisions (31 F.R. reopening for the limited purposes stated cost of Class II items processed by non- 12102; F.R. Doc. 66-10134 and 31 F.R. pool plants. In this circumstance, pro­ herein of a public hearing held under 13605; F.R. Doc. 66—11488) are consoli­ Docket No. ÁO 195—A12. ducer-handlers obtaining Class II prod­ dated in this final decision, are hereby ucts from nonpool plants for resale would The public hearing is for the purpose of approved and adopted and are set forth receiving evidence with respect to the not have a price advantage over regu­ in full herein. lated handlers on such items. economic and emergency marketing The material issues on the records of conditions which relate to the appropri­ the hearings relate to: Under the present order, a producer- ate levels of Class I prices to be estab­ handler’s status is not contingent on the 1. Producer-handler definition, source of Class products which he lished for the months of December 1966 2. Classification of milk shake mix, ni through June 1967 under each of the and may distribute. Since both Class II and and Class HI products may be made aforesaid orders. At the hearing, evi­ 3. Designating a cooperative as a han­ dence also will be received on the ques-. from non-Grade A milk, there is no eco­ dler of farm tank milk. nomic reason to treat a producer-handler tion of whether the due and timely exe­ Findings and conclusions. The fol­ cution of the functions of the Secretary differently with respect to the source of lowing findings and conclusions are Class n products which he sells. imperatively and unavoidably requires based on the evidence presented at the hearings and the records thereof; Handlers asked for otljer changes in the omission of a recommended decision the producer-handler definition. They m connection with any emergency 1. Producer - handler’ definition. A proposed that a producer-handler with amendatory action that may be required producer-handler should be allowed to Class I sales of over 200,000 pounds per witti respect to any of the aforesaid dispose of Class II products received month be fully regulated and that a orders. from any source without losing his pro­ person who loses his producer-handler ducer-handler status. No other change status and becomes a fully regulated

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14404 PROPOSED RULE MAKING handler on such milk would be 1.5 per­ handler in 1 month may not qualify as a health authorities other than as a food product. cent, and the cooperative would be re­ producer-handler in the following 11 sponsible for any difference between the months. Milk shake mix is generally considered in the same category as frozen dessert gross weight of producer milk received In January 1966, five handlers with in the tank truck at the farms and that own. farm production qualified as pro­ and ice cream mixes. As such, it is classified in the same class as such prod­ delivered to pool plants. This procedure ducer-handlers under the order. Their is followed in a number of other Federal gross Class I sales that month were 5.9 ucts in a number of other Federal orders. percent of the gross Class I sales of all Milk shake mix is sold in Florida in orders. handlers under the Tampa Bay order. competition with soft frozen desserts, Division of the 2 percent shrinkage which are readily available in retail food allowance between the original receiver Of the five producer-handlers, two had and the plant at which it is used is now monthly Class I sales of over 200,000 stores. Ice cream manufacturers, who are not subject to order regulation and provided in the order on interplant ship­ pounds. ments. It has worked satisfactorily in There is no indication that these larger who handle no Grade A fluid milk prod­ producer-handlers have a cost advantage ucts, may and do market milk shake that regard and is equally appropriate mix in the marketing area. There was when à pool plant operator is receiving over regulated handlers on Class I milk farm tank milk on a basis other than -or are a disruptive factor in the market. no opposition to classifying milk shake Moreover, it was not established that mix as Class HI in the Tampa Bay order. farm weights. In that instance, the their exemption from the pooling and 3. Designating a cooperative as the cooperative in its capacity as a handler pricing provisions affect adversely the handler of farm tank milk. A cooperative should be allowed 0.5 percent shrinkage association should be a handler for milk and the pool plant operator, 1.5 percent. competitive position in the market of In those instances in which a pool regulated handlers or producers. delivered from the farm to a pool plant In proposing that a producer-handler in a tank truck owned and operated by plant operator is not purchasing farm who fails to qualify as such in 1 month or under contract to such association. tank milk (from a cooperative as a han­ lose his producer-handler status for the Currently, the operator of the plant dler) on the basis of farm weights, any next 11 months, handlers maintained receiving milk from producers must ac­ difference between the quantities of pro­ that this would prevent him from exploit­ count for such milk and pay the pro­ ducer milk détermined at the farm and ing the pool by becoming regulated when ducers. Once milk from a producer has ascertained as physically received by the it is to his advantage, while retaining his been commingled with milk from other operator of the pool plant should be exempt status at other times. Such a producers in a tank truck', there is no considered a receipt of producer milk provision, however, could result in hard­ further opportunity to measure, sample by the cooperative at the location of the ship in some instances. For example, an or reject the milk of any individual pro­ pool plant. inadvertent failure to meet all require­ ducer whose milk is included in the load. The cooperative would report such dif­ ments for producer-handler status in 1 A similar situation prevails when the ferences, which may reasonably be ex­ month could cause a person to lose his milk of an individual producer is de­ pected to be within 0.5 percent of the designation as a producer-handler for livered in a tank truck to two or more quantity of producer milk determined an entire year. The regulatory effect of plants. The operator of a pool plant to on the basis of farm weights during the such action might too often tend to be which bulk tank milk is delivered has month, to the market administrator for disproportionate to the relative sig­ an opportunity only to determine the inclusion in the monthly pool computa­ nificance of the requirement that was weight and butterfat test of the total tion. Up to 0.5 percent of the total pro­ not met. Since a producer-handler must load. ducer farm tank milk involved would be rely on his own production, he must If a tank truck picking up milk at the reported and pooled as Class m; any establish adequate production facilities farm is owned and operated by or under such difference in excess of the maxi­ to assure a sufficient milk supply for his contract to a cooperative association and mum allowable Class III shrinkage of Class I operation. Because of this, it is the association determines the weight 0.5 percent would be Class I. unlikely that a producer-handler will and butterfat content of each producer’s The cooperative should be responsible shift back and forth between his exempt milk, a handler has no control and gen­ for settling with the producer-settlement status and that of a regulated handler erally takes no part in determining the fund for the total quantity of shrinkage for the purpose of exploiting the pool. weights and butterfat tests of milk at it reported. If the quantities of bulk For the above-stated reasons, the pro­ the farm. In some instances, the han­ tank milk physically received at a pool posal to limit producer-handler status dler may not even know from which plant from a cooperative during the to operations of not more than 200,000 farms the milk is shipped. month are the. same as or greater than pounds of milk monthly mid the pro­ Making a cooperative a handler on its farm weights, the cooperative should posal that would deny producer-handler producers’ bulk tank milk as herein pro­ have no settlement to make with the status during the succeeding 11 months vided will afford a practicable basis of producer-settlement fund on such milk. to a producer-handler who failed to accounting for such milk. In addition, In those instances wherein the quanti­ qualify as such in 1 month are denied. it will provide flexibility to a cooperative’s ties of milk physically received at pool 2. Classification of milk shake mix.operations in allocating its members’ plants are greater than the farm The order should specify that skim milk bulk tank milk among handlers and fa­ weights, the pool plant operator’s obli­ and butterfat used to produce milk cilitate the diversion of such milk to gation to the cooperative and the pro­ shake mix be classified as Class III. nonpool plants by the cooperative when ducer-settlement fund should be on the Including milk shake mix in Class III it is not needed at regulated plants. basis of the weights ascertained at his was proposed by a regulated handler who The milk delivered by the cooperative plant. recently began producing and distribut­ as a bulk tank handler should be con­ Rulings on proposed findings and con­ ing this product. Because the order sidered as a receipt of producer milk by clusions. Briefs and proposed findings does not now specify another classifica­ the operator of the pool plant at which and conclusions were filed on behalf of tion for milk shake mix, it is currently it was physically received. The pool certain interested parties with respect to classified as Class I. plant operator’s obligation for such milk both hearings. These briefs, proposed Milk shake mix is a product more to the producer-settlement fund, to the findings and conclusions, and the evi­ nearly comparable to ice cream mix, a administration fund and to the coopera­ dence in the record were considered in Class product, than to flavored milk tive would be the same as for producer making the findings and conclusions set in forth above. To the extent that the or any other Class I product. The in­ milk1 received directly from the farm of an individual producer. suggested findings and conclusions filed gredients used in its manufacture are by interested parties are inconsistent butterfat, nonfat dry milk, sugar, flavor­ The full 2 percent shrinkage allow­ ance on farm tank milk should be per­ with the findings and conclusions set ing, and stabilizer. The total solids in mitted the pool plant operator only if forth herein, the requests to make such the end product are in excess of 25 per­ he is purchasing it on the basis of farm findings or to reach such conclusions are cent. There is no requirement that milk weights and has so notified the market denied for the reasons previously stated shake mix be made from Grade A milk. administrator. Otherwise, the maxi­ in this decision. It is free from -any regulation by local mum shrinkage in Class HI allowed the

FEDERAL REGISTER. VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14405

General findings. The findings and posed to be amended, regulating the han­ effective date hereof, the handling of determinations hereinafter set forth are dling of milk in the Tampa Bay market­ milk in the Tampa Bay marketing area supplementary and in addition to the ing area, is approved or favored by pro­ shfll be in conformity to and in compli­ findings and determinations previously ducers, as defined under the terms of the ance with the terms and conditions of the made in connection with the issuance of order, as amended and as hereby pro­ aforesaid order, as amended and as here­ the aforesaid order and of the previously posed to be amended, and who, during by amended as follows: issued amendments thereto; and all of such representative period, were engaged The provisions of the proposed market­ said previous findings and determina­ in the production of milk for sale within ing agreement and order amending the tions are hereby ratified and affirmed, ex­ the aforesaid marketing area. order contained in the recommended de­ cept insofar as such findings and deter­ Signed at Washington, D.C., on No­ cisions issued by the Deputy Adminis­ minations may be in conflict with the vember 3, 1966. trator, Regulatory Programs, on Sep­ findings and determinations set forth tember 12 and October 17, 1966, and herein. G eorge L. M ehren, published in the F ederal R egister on (a) The tentative marketing agree­ Assistant Secretary. September 16, 1966 (31 F.R. 12102; F.R. ment and the order as hereby proposed Order1 Amending the Order Regulating Doc. 66-10134), and October 21,1966 (31 to be amended, and all of the terms and the Handling of Milk in the Tampa F.R. 13605; F.R. Doc. 66-11488), respec­ conditions thereof will tend to effectuate Bay Marketing Area tively, shall be and are the terms and the declared policy of the Act; provisions of this order and are set forth (b) The parity prices of milk as de­ § 1012.0 Findings and determinations. in full herein: termined pursuant to section 2 of the The findings and determinations here­ 1. Section 1012.7 is revised to read as Act, are not reasonable in view of the inafter set forth are supplementary and follows: price of feeds, available supplies of feeds, in addition to the findings and determi­ § 1012.7 Fluid milk product. and other economic conditions which af­ nations previously made in connection fect market supply and demand for milk with the issuance of the aforesaid order “Fluid milk product” means milk (in­ in the marketing area, and the m inim um and of the previously issued amendments cluding frozen and concentrated milk), prices specified in the proposed market­ thereto; and all of said previous findings flavored milk, or skim milk. “Fluid milk ing agreement and the order as hereby and determinations are hereby ratified product” shall not include sterilized proposed to be amended, are such prices and affirmed, except insofar as such find­ products in hermetically sealed con­ as will reflect the aforesaid factors, in­ ings and determinations may be in con­ tainers or milk shake mix. sure a sufficient quantity of pure and flict with the findings and determina­ 2. Section 1012.13 is revised to read as wholesale milk, and be in the public in­ tions set forth herein. follows: terest; and (a) Findings upon the basis of the (c) The tentative marketing agree­ hearing record. Pursuant to the provi­ § 1012.13 Handler. ment and the order as hereby proposed sions of the Agricultural Marketing to be amended, will regulate the han­ Agreement Act of 1937, as amended (7 “Handler” means : dling of milk in the same manner as, and U.S.C. 601 et seq.), and the applicable (a) Any person in his capacity as the will be applicable only to persons in the rules of practice and procedure govern­ operator of one or more pool plants; respective classes of industrial and com­ ing the formulation of marketing agree­ (b) Any person in his capacity as the mercial activity specified in, a market­ operator of a partially regulated distrib­ ments and marketing orders (7 CFR uting plant; ing agreement upon which a hearing has Part 900), public hearings were held been held. upon certain proposed amendments to (c) Any cooperative association with Rulings on exceptions. In arriving at the tentative marketing agreement and respect to producer milk which it causes the findings and conclusions, and the to the order regulating the handling of to be diverted from a pool plant to a non­ regulatory provisions of this decision, milk in the Tampa Bay marketing area. pool plant for the account of such co­ each of the exceptions received was care­ Upon the basis of the evidence intro­ operative association; fully and fully considered in conjunction duced at such hearings and the records (d) A coopérative association with re­ with the record evidence pertaining thereof, it is found that: spect to milk of its producers which is thereto. To the extent that the findings ( 1) The said order as hereby amended, delivered from the farm to the pool plant and conclusions, and the regulatory pro­ and all of the terms and conditions of another handler in a tank truck owned visions of this decision are at variance thereof, will tend to effectuate the de­ and operated by or under contract to with any of the exceptions, such excep­ clared policy of the Act; such cooperative association. The milk tions are hereby overruled for the reasons (2) The parity prices of milk, as de­for which a cooperative association is previously stated in this decision. termined pursuant to section 2 of the the handler pursuant to this paragraph Marketing agreement and order. An­ Act, are not reasonable in view of the shall be deemed to have been received nexed hereto and made a part hereof are price of feeds, available supplies of feeds, at the location of the pool plant to which two documents entitled, respectively, and other economic conditions which af­ it was delivered; Marketing Agreement Regulating the fect market supply and demand for milk (e) Any person in his capacity as the Handling of Milk in the Tampa Bay Mar­ in the said marketing area, and the mini­ operator of an other order plant that is keting Area” and “Order Amending the mum prices specified in the order as either a distributing plant or a supply Order Regulating the Handling of Milk hereby amended are such prices as will plant; and in the Tampa Bay Marketing Area,” reflect the aforesaid factors, insure a (f) A producer-handler. which have been decided upon as the de­ sufficient quantity of pure and wholesome 3. Section 1012.14 is revised to read tailed and appropriate means of effectu­ milk, and be in the public interest; as follows: ating the foregoing conclusions. (3 ) The said order as hereby amended, ff is hereby ordered, That all of this regulates the handling of milk in the § 1012.14 Producer-handler. decision, except the attached marketing same manner as, and is applicable only “Producer-handler” means any per­ agreement, be published in the F ederal to persons in the respective classes of son who : register. The regulatory provisions of industrial or commercial activity speci­ (a) Operates a dairy farm and a dis­ n v u f e t i n g agreement are identical fied in, a marketing agreement upon With those contained in the order as tributing plant from which the Class I which a hearing has been held. disposition (except that represented by oh v proposed to be amended by the Order relative to handling: It is nonfat solids used in the fortification of tut.!:'? order which will be published with this decision. therefore ordered, that on and after the fluid milk products) is entirely from his own farm production; r7V^eiem *naiion °f representative pe~ w L month of August 1966 is 1 This order shall not become effective un­ (b) Receives no fluid milk products « determined to be the représenta­ less and until the requirements of § 900.14 from sources other than his own farm of the rules of practice and procedure gov­ production; and i s *or the purpose of ascertain- erning proceedings to formulate marketing (c) Provides proof satisfactory to the uig whether the issuance of the attached agreements and marketing orders have been er. as amended and as hereby pro­ market administrator that the care and met. management of the dairy animals and

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14406 PROPOSED RULE MAKING other resources necessary to produce all ministrator on or before the 20th day [ 7 CFR Parts 1031,1032, 1038, 1039, fluid milk products handled and the after the end of the month his producer 1044, 1045, 1050, 1051,1062- operation of the processing and packag­ payroll for such month which shall show 1064, 1067, 1070, 1071,1073, ing business are his personal enterprise for each producer: 1078, 1079, 1094, 1096,1097, and risk. * * * * .. * 1099, 1102, 1103, 1108 1 4. Section 1012.16(a) is revised to read 7. In § 1012.32, a new paragraph (c) [Docket No. AO 10-A36, etc.] as .follows: is added to read as follows: MILK IN ST. LOUIS AND CERTAIN § 1012.16 Producer milk. § 1012.32 Other reports. OTHER MARKETING AREAS * * * * * ***** (a) Received at a pool plant directly (c) Each handler p u rsu an t to Notice of Hearing on Proposed from a producer or a handler pursuant § 1012.13(d) shall report to the market Amendments to Tentative Market­ to § 1012.13(d): Provided, That if the administrator in detail and on forms ing Agreements and Orders milk received at a pool plant from a prescribed by the market administrator handler pursua'nt to § 1012.13(d) is pur­ 7 CFR chased on a basis other than farm on or before the 7th day after the end Parts Marketing area Docket Nos. weights, the amount by which the total of the month the quantities of skim milk farm weights of such milk exceed the and butterfat in producer milk delivered 1031 Northwestern Indiana. AO 170-A22. weights on which the pool plant’s pur­ to each pool plant in such month. 1032 Suburban St. Louis__ AO 313-A12. chases are based shall be producer milk 1038 Rock River Valley___ AO 194-A15. 8. Section 1012.41(c)(5) is revised to 1039 Milwaukee__— _____ AO 212-A20. received by the handler pursuant to 1044 Michigan Upper Pe- AO 299-All. § 1012.13(d) at the location of the pool read as follows: ninsula. 1045 Northeastern Wiscon- AO 334-A10. plant; or. § 1012.41 Classes of utilization. sin. * * * * * 1050 Central Illinois_____ AO 355-A1. ***** 1051 Madison_____,.___ AO 329-A6. 5. Section 1012.30 is revised to read as 1062 St. Louis______AO 10-A36. (c) * * * 1063 Quad Cities-Dubuque.. AO 105-A25. follows: (5) Skim milk and butterfat, respec­ 1064 Greater Kansas City... AO 23-A30. 1067 Ozarks______AO 222-A21-R01. § 1012.30 Reports of receipts and utili­ tively, in shrinkage at each pool plant 1070 Cedar Rapids-Iowa AO 229-A16. zation. City. (except in milk diverted to a nonpool 1071 Neosho Valley______AO 227-A19. 1073 Wichita______AO 173-A19. On or before the 7th day after the end plant pursuant to § 1012.16) but not in 1078 North Central Iowa__ AO 272-All. of each month, each handler, except a excess o f: 1079 Des Moines______AO 295-A13. 1094 New Orleans______AO 103-A24. handler pursuant to § 1012.13 (e) or (f), (i) Two percent of producer milk (ex­ 1096 Northern Louisiana---- AO 257-A14. 1097 Memphis______'.------AO 219-A19. shall report to the market administra­ cept that received from a handler pursu­ 1099 Paducah.... ------AO 183-A17. tor for such month with respect to each ant to § 1012.13(d)); 1102 Fort Smith...... AO 237-A15-R01. 1103 Mississippi______AO 346-A4. plant at which milk is received, report­ (ii) Plus 1.5 percent of producer milk 1108 Central Arkansas____ AO 243-A16. ing in detail and on forms prescribed by received from a handler pursuant to the market administrator: § 1012.13(d): Provided, That if the han­ Pursuant to the provisions of the dler receiving such milk files notice with Agricultural Marketing Agreement Act (a) The quantities of skim milk and if 1937, as amended (7 U.S.C. 601 et seq.), butterf at contained in or represented by: the market administrator that he is pur­ tnd the applicable rules of practice and (1) Producer milk (including such chasing such milk on the basis of farm »rocedure governing the formulation of handler’s own production) or, in the weights, the applicable percentage pur­ narketing agreements and marketing case of handlers pursuant to § 1012.13 suant to this subdivision shall be 2 »rders (7 CFR Part 900), notice is (b), milk received from dairy farmers; percent; lereby given of a public hearing to be íeld at the Albert Pick Motel, 4625 North (2) Fluid milk products and Class II (iii) plus 1.5 percent of bulk fluid milk Lindbergh Boulevard, Bridgeton (St. products received from pool plants of products received from other pool plants; liouis), Mo., 9 a.m., local time, Novem- other handlers; (iv) Plus 1.5 percent of bulk fluid milk ier 15,1966, to consider proposed amend- (3) Other source milk; products received from other order nents to the tentative marketing agree- (4) Milk diverted to nonpool plants plants exclusive of the quantity for which nents and to the orders, regulating the Class II or Class IH utilization was re­ landling of milk in the St. Louis, North­ pursuant to § 1012.16; and western Indiana, Suburban St. Louis, (5) Inventories of fluid milk products quested by the operators of both plants; Rock River Valley, Milwaukee, Michigan and Class II products at the beginning (v) Plus 1.5 percent of bulk fluid milk [Jpper Peninsula, Northeastern Wiscon­ and end of the month; products from unregulated supply plants sin, Madison, Quad Cities-Dubuque, (b) The utilization of all skim milk exclusive of the quantity for which Class Greater Kansas City, Ozarks, Cedar and butterfat required to be reported II or Class III utilization was requested Rapids-Iowa City, Neosho Valley, Wichita, North Central Iowa, Des Moines, pursuant to this section, including a by the handler; New Orleans, Northern Louisiana, Mem­ separate statement showing the respec­ (vi) Less 1.5 percent of bulk fluid milk phis, Paducah, Fort Smith, Miss., Cen­ tive amounts of skim milk and butter- products transferred to other plants; tral Arkansas, and Central Illinois mar­ fat disposed of as Class I milk in the and keting areas to reflect appropriate Class marketing area on routes; and ***** I prices in light of economic and market­ ing conditions. (c) Such other information with re­ 9. The introductory text of § 1012.60 is This hearing represents a reopening spect to the receipts and utilization of revised to read as follows: for the limited purposes stated herein oi skim milk and butterfat as the market § 1012.60 Compulation of the net pool the public hearings previously held un­ administrator may prescribe. der Docket Nos. AO 222-A21 and obligation of each ljandler. 237-A15 with respect to the orders regu­ 6. In § 1012.31, the introductory text The net pool obligation of each han­ lating the handling of milk in tne of paragraph (a) is revised to read as dler pursant to § 1012.13 (a), (c), and Ozarks and Fort Smith marketing areas. follows: With respect to the Central nknois ma (d) during each month shall be a stun of keting area this hearing will consider tne § 1012.31 Producer payroll reports. money computed by the market ad­ possible amendment of the order ann (a) Each handler p u rsu an t to ministrator as follows: to the final decision on a proposed cen § 1012.13 (a), (c), and (d) shall report ***** tral Illinois order which was issu ~ jtober 27,1966, if that order should be [F.R. Doc. 66-12159;. Filed, Nov. 8, 1966; to the market administrator in detail and »v i a AinA TxHfTi rpsnect to tne on forms prescribed by the market ad­ 8:48 a.m.] FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14407 marketing area defined in Part 1032 Pursuant to the provisions of the which is now designated Suburban St. Agricultural Marketing Agreement Act FEDERAL AVIATION AGENCY Louis the hearing will consider the pos­ of 1937, as amended (7 U.S.C. 601 et sible amendment of the order annexed seq.), and the applicable rules of prac­ [ 14 CFR Part 39 1 to the final decision issued October 27, tice and procedure governing the for­ [Docket No. 7711] 1966, on a proposed amended order un­ mulation of marketing agreements and der the same part which was redesig­ marketing orders (7 CFR Part 900), AIRWORTHINESS DIRECTIVES nated the Southern Illinois marketing notice is hereby given of a public hearing Boeing Model 727 Series Airplanes area if that amended order becomes to be held at the Heart O’Denver Motel, effective. 1150 East Colfax Street, Denver, Colo., The Federal Aviation Agency is con­ The public hearing is for the purpose beginning at 9 a.m., local time, on sidering amending Part 39 of the Federal of receiving evidence with respect to the November 16, 1966, to consider proposed Aviation Regulations by adding an air­ economic and emergency marketing con­ amendments to the tentative marketing worthiness directive requiring the in­ ditions which relate to the appropriate agreements and to the orders, regulating stallation of a placard reflecting the levels of Class I prices to be established the handling of milk in the Eastern stowage provisions for the flotation for the months of December 1966 through Colorado, Minnesota-North Dakota, Ne­ means used in Boeing Model 727 Series June 1967 under each of the aforesaid braska-Western Iowa, Sioux City, Iowa, airplanes. Section 4b.646 of the Civil Air orders. At the hearing, evidence also Minneapolis-St. Paul, Minn., Duluth- Regulations requires the stowage provi­ will be received on the question of Superior, Black Hills, S. Dak., Eastern sions for such safety equipment to be whether the due and timely execution of South Dakota, Red River Valley, Okla­ conspicuously marked. the functions of the Secretary impera­ homa Metropolitan, Lubbock-Plainview, Interested persons are invited to par­ tively and unavoidably requires the omis­ Puget Sound, North Texas, San Antonio, ticipate in the making of the proposed sion of a recommended decision in con­ Central West Texas, Austin-Waco, Cor­ rule by submitting such written data, nection with any emergency amendatory pus Christi, Central Arizona, Texas views, or arguments as they may desire. action that may be required with respect Communications should identify the Panhandle, Inland Empire, Western docket number and be submitted in du­ to any of the aforesaid orders. Colorado, Great Basin, and Rio Grande This notice is issued in response to a plicate to the Federal Aviation Agency, request by cooperative associations of Valley marketing areas to reflect ap­ Office of the General Counsel, Attention: producers supplying milk to most of the propriate Class I prices in light of eco­ Rules Docket, 800 Independence Avenue areas in which the handling of milk is nomic and marketing conditions. With SW., Washington, D.C. 20553. All com­ regulated by Federal milk orders. These respect to the order regulating the han­ munications received on or before De­ cember 8, 1966, will be considered by the associations maintain that emergency dling of milk in the Minnesota-North action is necessary to prevent antici­ Administrator before taking action upon pated price reductions which may result Dakota marketing area this hearing the proposed rule. The proposals con­ in milk shortages. represents a reopening for the limited tained in this notice may be changed in The aforesaid proposals have not re­ purposes stated herein of a public hear­ the light of comments received. All com­ ceived the approval of the Secretary of ing previously held under docket No. ments will be available, both before and Agriculture. after the closing date for comments, in AO 360. the Rules Docket for examination by in­ Signed at Washington, D.C., on No­ The public hearing is for the purpose terested persons. vember 4,1966. of receiving evidence with respect to the This amendment is proposed under the Clarence H. G irard, economic and emergency marketing con­ authority of sections 313(a), 601, and Deputy Administrator, ditions which relate to the appropriate 603 of the Federal Aviation Act of 1958 Regulatory Programs. levels of Class I prices to be established (49 U.S.C. 1354(a), 1421, 1423). In consideration of the foregoing, it [FJR. Doc. 66-12184; FUed, Nov. 8, 1966; for the months of December 1966 through 8:50 a.m.] is proposed to amend § 39.13 of Part 39 June 1967 under each of the aforesaid of the Federal Aviation Regulations by I 7 CFR Parts 1060, 1065, 1066, 1068, orders. At the hearing, evidence also adding the following new airworthiness 1069, 1075, 1076, 1104, 1106, will be received on the question of directive: 1120, 1125-1134, 1136-1138 1 whether the due and timely execution Boeing. Applies to Model 727 Series air­ [Docket No. AO 326-A10, etc.] of the functions of the Secretary im­ planes that do not have a life preserver installed for each passenger. MILK IN EASTERN COLORADO AND peratively and unavoidably requires the Compliance required w ithin the next 1,500 CERTAIN OTHER MARKETING AREAS omission of a recommended decision in hours’ time in service after the effective date connection with any emergency amend­ of this AD, unless already accomplished. Notice of Hearing an Proposed To conspicuously mark floatable cushion atory action that may be required with stowage provisions, install, using life vest Amendments to Tentative Market­ respect to any of the aforesaid orders. placard standards, the following placard, or ing Agreements and Orders This notice is issued in response to a an FAA-approved equivalent, in an FAA- approved manner within the view of each request by cooperative associations of seated passenger: 7 CFR Marketing area Docket Nos. Parts producers supplying milk to most of the “Use seat bottom cushion for flotation.” areas in which the handling of milk is Issued in Washington, D.C., on October 1060 Minnesota-North Dakota.. AO 360-R01. regulated by Federal milk orders. These 28, 1966. 1065 Nebraska-Western Iowa__ AO 86-A20. 1066 Sioux City, Iowa...... AO 122-A14. associations maintain that emergency E dward C. H odson, 1068 Minneapolis-St. Paul, AO 178-A19. action is necessary to prevent anticipated Acting Director, Minn. 1069 Duluth-Superior...... AO 153-A13. price reductions which may result in milk Flight Standards Service. 1075 Black Hills, S. Dak_____ AO 248-A7. 1076 Eastern South Dakota...... AO 260-A9. shortages. [F.R. Doc. 66-12131; Filed, Nov. 8, 1966; 1104 Red River Valley...... AO 298-A9. The aforesaid proposals have not re­ 8:45-a.m ] 1106 Oklahoma Metropolitan__ AO 210-A22. 1120 Lubbock-Plainview...... AO 328-A6. ceived the approval of the Secretary of 1125 Puget Sound...... AO 226-A15. 1126 North Texas...... AO 231-A29. Agriculture. 1127 San Antonio...... AO 232-A16. [ 14 CFR Part 71 1 1128 Central West Texas_____ AO 238-A18. Signed at Washington, D.C., on No­ [Airspace Docket No. 66-EA-61] 1129 Austin-Waco -- AO 256-A12. vember 4, 1966. 1130 Corpus Christi...... AO 259-A15. ' 1131 Central Arizona______AO 271-All. TRANSITION AREA 1132 Texas Panhandle______AO 262-A13. Clarence H. G irard, 1133 Inland Empire______AO 275-A15. Deputy Administrator, * Proposed Designation 1134 Western Colorado______AO 301-A6. Regulatory Programs. 1136 Great Basin...______AO 309-A9. The Federal Aviation Agency is con­ 1137 Eastern Colorado______AO 326-A10. 1138 Rio Grande Valley______AO 335-A8. [F.R. Doc. 66-12183; Filed, Nov. 8, 1966; sidering amending § 71.181 of Part 71 of 8:50 a.m.] the Federal Aviation Regulations so as

FEDERAL REGISTER, V O L 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 No. 218—Pt. I----- 5 14408 PROPOSED RULE MAKING to designate a part time 700-foot floor the Federal Aviation Regulations so as [ 14 CFR Part 71 1 transition area over Randall Airport, to designate a part-time 700-foot floor [Airspace Docket No. 66—SO-84] Middletown, N.Y. transition area over Wurtsboro-Mama- A new VOR instrument approach pro­ kating Airport, Wurtsboro, N.Y. CONTROL ZONE cedure to Randall Airport, Middletown, A new VOR/DME instrument ap­ Proposed Alteration N.Y., will be authorized in the near fu­ proach procedure to Wurtsboro-Mama- ture. To provide airspace protection for kating Airport, Wurtsboro, N.Y., will be The Federal Aviation Agency is con­ this procedure, a 700-foot floor transi­ authorized in the near future and air­ sidering an amendment to Part 71 of the tion area designation will be required. space protection via a 700-foot floor Federal Aviation Regulations that would Interested persons may submit such transition area designation will be. alter the Smyrna, Tenn., control zone. written data or views as they may desire. required. The Smyrna control zone, § 71.171 (31 Communications should be submitted'in Interested persons may submit such F.R. 2065), is described as “within a triplicate to the Director, Eastern Re­ written data or views as they may desire. 5-mile radius of Sewart Air Force Base gion, Attention: Chief, Air Traffic Divi­ Communications should be submitted in (latitude 36°00'27" N., longitude 86031' sion, Federal Aviation Agency, Federal triplicate to the Director, Eastern Region, 21" W .).” The airspace so designated Building, John F. Kennedy International Attention: Chief, Air Traffic Division, would be altered by adding “and within Airport, Jamaica, N.Y. 11430. All com­ Federal Aviation Agency, Federal Build­ 2 miles each side of the Sewart TACAN munications received within 30 days after ing, John F. Kennedy International Air­ 128° radial, • extending from the 5-mile publication in the F ederal R egister will port, Jamaica, N.Y. 11430. All com­ radius zone to 7 miles SE of the TACAN.” The. proposed amendment would pro­ be considered before action is taken on munications received within 30 days the proposed amendment. No hearing vide additional controlled airspace that is contemplated at this time, but ar­ after publication in the F ederal R egister is required for the protection of aircraft rangements m ay. be made for informal will be considered before action is taken executing published instrument approach conferences w it h Federal Aviation on the proposed amendment. No hear­ procedures to Sewart AFB during descent Agency officials by contacting the Chief, ing is contemplated at this time, but below 1,000 feet above the surface. Airspace and Standards Branch, Eastern arrangements may be made for informal Interested persons may submit such Region. written data, views or arguments as they Any data or views presented during conferences with Federal A viation may desire. Communications should be such conferences must also be submitted Agency officials by contacting the Chief, submitted in triplicate to the Area Man­ in writing in accordance with this notice Airspace and Standards Branch, Eastern ager, Memphis Area Office, Attention: in order to become part of the record Region. Chief, Air Traffic Branch, Federal Avia­ for consideration. The proposal con­ Any data or views presented during tion Agency, Post Office Box 18097, Mem­ tained in this notice may be changed in such conferences must also be submitted phis, Tenn. 38118. All communications the light of comments received. received within 30 days after publication The official docket will be available for in writing in accordance with this notice of this notice in the F ederal R egister examination by interested persons at the in order to become part of the record for will be considered before action is taken Office of the Regional Counsel, Federal consideration. The proposal contained on the proposed amendment. No hear­ Aviation Agency, Federal Building, John in this notice may be changed in the light ing is contemplated at this time, but ar­ F. Kennedy International Airport, Ja­ of comments received. rangements for informal conferences maica, N.Y. The official docket will be available for with Federal Aviation Agency officials The Federal Aviation Agency, having examination by interested persons at the may be made by contacting the Chief, Air Traffic Branch. Any data, views or completed a review of the airspace re­ Office of the Regional Counsel, Federal quirements for the terminal area of Mid­ arguments presented during such con­ dletown, N.Y., proposes the airspace Aviation Agency, Federal Building, John ferences must also be submitted in writ­ action hereinafter set forth: F. K e n n e d y International Airport, ing in accordance with this notice in Amend § 71.181 of Part 71 of the Fed­ Jamaica, N.Y. order to become part of the record for eral Aviation Regulations so as to desig­ The Federal Aviation Agency, having consideration. The proposal contained nate a 700-foot floor part time transition completed a review of the airspace re­ in this notice may be changed in the area for Middletown, N.Y., described as light of comments received. follows: quirements for the terminal area of The official docket will be available for Middletown, N.Y. Wurtsboro, N.Y., proposes the airspace examination by interested persons at the That airspace extending upward from 700 action hereinafter set forth: Southern Regional Office, Federal Avia­ feet above the surface within a 5-mile radius Amend § 71.181 of Part 71 of the Fed­ tion Agency, Room 724, 3400 Whipple of the center (41“25'55" N., 74°23'30'' W.), eral Aviation Regulations so as to desig­ Street, East Point, Ga. of Randall Airport and within 2 miles each This amendment is proposed under side of the Huguenot, N.Y., VOR 082° radial nate a 700-foot floor part time transition section 307(a) of the Federal Aviation extending from the 5-mile radius area to the area for Wurtsboro, N.Y., described as Act of 1958 (49 U.S.C. 1348(a)). VOR excluding the portions that coincide follows: with the Newburgh, N.Y., and Wurtsboro, Issued in East Point, Ga., on October N.Y., transition areas. This transition area Wurtsboro, New York 28,1966. shall be in effect from sunrise to sunset daily. Within a 5 mile radius of the center J ames G. R ogers, This amendment is proposed under (41°35'50" N., 74°27'35" W.), of Wurtsboro- Director, Southern Region. section 307(a) of the Federal Aviation Mamakating Airport; and within 2 miles each [F.R. Doc. 66-12134; Filed, Nov. 8, 1966; Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). side of the Huguenot, N.Y., VOR 028“ radial 8:46 a.m.] extending from the 5-mile radius area to the Issued in Jamaica, N.Y., on October 19, VOR excluding that portion that coincides 1966. with the Newburgh, N.Y., transition area. W ayne H endershot, This transition area shall be in effect from [14 CFR Part 71 1 sunrise to sunset daily. Deputy Director, Eastern Region. [Airspace Docket No. 66-WE-40] [F.R. Doc. 66-12132; Filed, Nov. 8, 1966; This amendment is proposed under 8:45 a.m.] section 307(a) of the Federal Aviation FEDERAL AIRWAY AND TRANSITION Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). AREA [ 14 CFR Part 71 1 Issued in Jamaica, N.Y., on October 19, Proposed Alteration [Airspace Docket No. 66-EA-59] 1966. TRANSITION AREA The Federal Aviation Agency is con­ W ayne H endershot, sidering amendments to Part 71 of tne Proposed Designation Deputy Director, Eastern Region. Federal Aviation Regulations that wouia realign V-122 and alter the .Klamatn The Federal Aviation Agency is con­ [F.R. Doc. 66-12133; Filed, Nov. 8, 1966; sidering amending § 71.181 of Part 71 of 8:46 a.m.] Falls, Oreg., transition area.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14409

The Federal Aviation Agency is con­ terminal airspace structural require­ office of the Regional Counsel, Federal sidering the realignment of V-122 from ments in the Griffith, Ind., terminal area, Aviation Agency, 601 East 12th Street, Medford, Oreg., to Klamath Falls, Oreg., proposes the following airspace action: Kansas City, Mo. 64106. via the intersection of Medford 117° T Designate the Griffith, Ind., transition This amendment is proposed under the (098° M) and Klamath Falls 282° T area as that airspace extending upward authority of section 307(a) of the Fed­ (263° M) radials. This action would re­ from 700 feet above the surface within a eral Aviation Act of 1958 (49 U.S.C. 1348). duce the airway mileage between Med­ 5-mile radius of the Griffith, Ind., Airport Issued at Kansas City, Mo., on Octo­ ford and Klamath Falls and provide a (latitude 41°31'10" N., longtiude 87°23'- ber 21, 1966. lower minimum en route altitude for a 55" W.), and within 2 miles each side major portion of the route. of the Chicago Heights, 111., VORTAC E dward C. M arsh, The outer perimeter of the Klamath 089° radial extending from the 5-mile Director, Central Region. Palls transition area is designated, in radius area to the VORTAC, excluding [F.R. Doc. 66-12136; FUed, Nov. 8, 1966; part with a 7,500 feet MSL floor between the airspace within the Chicago, HI., 8:46 a.m.] the Klamath Falls 245° and 290° True transition area. radials and an 11,000 feet MSL floor be­ A public use instrument approach pro­ tween the Klamath Falls 290° and 320° cedure is being developed to serve the [1 4 CFR Part 71 1 True radials. The 290° radial that sep­ Griffith, Ind., Airport. This procedure [Airspace D ocket No. 66—S0 -7 4 ] arates the two floors falls within the will become effective concurrently with proposed airway. To provide continuity the designation of the transition area. TRANSITION AREA The portion of the proposed instru­ in the airway floor, it is proposed to Proposed Alteration move the boundary between the two seg­ ment approach procedure which is con­ ments of the transition area 5° clockwise ducted above 1,500 feet above the surface The Federal Aviation Agency is con­ to 295° True. This would floor the seg­ will be contained in the Chicago, 111., sidering an amendment to Part 71 of the ment of the airway within this portion 1,200-foot floor transition area. The por­ Federal Aviation Regulations that would of the transition area at 7,500 feet MSL. tion of the procedure which is conducted alter the Columbus, Ga., transition area. Interested persons may participate in below 1,500 feet above the surface will The Columbus, Ga., transition area is the proposed rule making by submitting be partially contained in the Chicago described in § 71.181 (31 F.R. 2149). such written data, views, or arguments 700-foot floor transition area. The pro­ An Instrument Landing System to as they may desire. Communications posed 700-foot floor transition area is re­ serve the Lawson AAF is under construc­ should identify the airspace docket num­ quired to encompass the remaining pro­ tion. An ILS approach procedure is ber and be submitted in triplicate to the cedure. proposed for the Lawson AAF that will Director, Western Region, Attention: The proposed 700-foot floor transition require small portions of additional con­ Chief, Air Traffic Division, Federal Avia­ area will provide controlled airspace pro­ trolled airspace by altering the Colum­ tion Agency, 5651 West Manchester Ave­ tection for aircraft executing the pre­ bus, Ga., transition area' as hereinafter nue, Post Office Box 90007, Airport Sta­ scribed instrument approach procedure set forth. tion, Los Angeles, Calif. 90009. All com­ during descent from 1,500 to 700 feet 1. In the 700-foot transition area, munications received within 30 days after above the surface. It will also provide “* * * within 2 miles each side of the publication of this notice in the F ederal protection for departing aircraft during Lawson AAF VOR 209/ radial, extending Register will be considered before action climb from 700 to 1,200 feet above the from the Lawson 9-mile radius area to 8 is taken on the proposed amendment. surface. miles SW of the Lawson RBN * * *” The proposal contained in this notice The floors of the airways that traverse would be deleted and “* * * within 2 may be changed in the light of comments the transition area proposed herein will miles each side of the Lawson AAF VOR received. automatically coincide with the floor of 209° radial, extending from the Lawson An official docket will be available for the transition area. 9-mile radius area to 8 miles SW of the examination by interested persons at the A* new approach procedure is to be Lawson RBN; within. 8 miles W and 5 Federal Aviation Agency, Office of the established, therefore no procedural miles E of the Lawson ILS localizer .SE General Counsel, Attention: Rules Dock­ changes will be effected in conjunction course, extending from the 9-mile radius et, 800 Independence Avenue SW., Wash­ with the action proposed herein. area to 10 miles SE'of the LOM * * *” ington, D.C. 20553. An informal docket Specific details of this proposal may be would be substituted therefor. also will be available for examination at examined by contacting the Chief, 2. In the 1,200-foot transition area, the office of the Regional Air Traffic Divi­ Standards and Airspace Branch, Air “* * * excluding the portions within Rr- sion Chief. Traffic Division, 601 East 12th Street, 3002” would be deleted and “* * * and This amendment is proposed under the Kansas City, Mo. 64106. that airspace SE bounded on the NE by authority of Section 307(a) of the Fed­ Interested persons may submit such a line extending from latitude 32°15'00" eral Aviation Act of 1958 (49 U.S.C. written data, views or arguments as they N., longitude 84°45'00" W. to the inter­ 1348). may desirè. Communications should be section of the 26-mile radius arc centered Issued in Washington, D.C., on Novem­ submitted in triplicate to the Director, at Lawson AAF and longitude 84°39'00" ber 1,1966. Central Region, Attention: Chief, Air W., on the SE by the 26-mile radius arc and on the W by longitude 84°45'00" W.; H. B. H elstrom, Traffic Division, Federal Aviation Agency, Chief, Airspace and Air 601 East 12th Street, Kansas City, Mo. excluding the portions within R^3002A” Traffic Rules Division. 64106. All communications received would be substituted therefor. within 45 days after publication of this The additional controlled airspace [F.R. Doc. 66-12135; Filed, Nov. 8, 1966; notice in the F ederal R egister will be would provide protection for aircraft 8:46 a.m.]' considered before action is taken on the holding and executing the instrument proposed amendment. No public hear­ approach procedure during descent from ing is contemplated at this time, but ar­ 1,500 to 1,000 feet above the surface. 114 CFR Part 71 1 rangements for informal conferences Interested persons may submit such [Airspace Docket No. 66-CE-82] with Federal Aviation Agency officials written data, views, or arguments as may be made by contacting the Regional they may desire. Communications TRANSITION AREA Air Traffic Division Chief. Any data, should be submitted in triplicate to the views, or arguments presented during Area Manager, Atlanta Area Office, At­ Proposed Designation such conferences must also be submitted tention: Chief, Air‘Traffic Branch, Fed­ The Federal Aviation Agency is con­ in writing in accordance with this notice eral Aviation Agency, Post Office Box sidering an amendment to Part 71 of the in order to become part of the record for 20636, Atlanta, Ga. 30320. All communi­ Federal Aviation Regulations which consideration. The proposal contained cations received within 30 days after pub­ would designate controlled airspace at in this notice may be changed in the lication of this notice in the F ederal Griffith, Ind. light of comments received. R egister will be considered before action The Federal Aviation Agency, having The public docket will be available for is taken on the proposed amendment. completed a comprehensive review of the examination by interested persons in the No hearing is contemplated at this time,

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 I ill* 11 I : ; 1 1 1 m IS Ü 1 • 14410 PROPOSED RULE MAKING but arrangements for informal confer­ TACAN, excluding the King Salmon, Interested persons may,participate in Alaska, transition area. the proposed rule making by submitting ences with Federal Aviation Agency offi­ such written data, views, or arguments cials may be made by contacting the 4. The King Salmon, Alaska transi­ Chief, Air Traffic Branch. Any data, tion area would be amended to delete as they may desire. Communications views, or arguments presented during reference" to the Kodiak, Alaska and An­ should identify the airspace docket num­ chorage, Alaska control area extensions. ber and be submitted in triplicate to the such conferences must also be submitted Director, Alaskan Region, Attention: in writing in accordance with this notice The Agency will soon commission a new VOR at Kodiak. A VOR instru­ Chief, Air Traffic Division, Federal Avia­ in order to become part of the record for tion Agency, 632 Sixth Avenue, Anchor­ consideration. The proposal contained ment approach procedure will be estab­ in this notice may be changed in the lished which will require a change in the age, Alaska 99501. All communications control Zone description. The altera­ received within 30 days after publication light of comments received. of this notice in the F ederal R egister The official docket will be available for tion of the control zone will protect air­ craft conducting prescribed instrument will be considered before action is taken examination by interested persons at the on the proposed amendments. The pro­ Southern Regional Office, Federal Avia­ approach and departure procedures us­ ing both the existing NAVAIDS and the posals contained in this notice may be tion Agency, Room 724, 3400 Whipple changed in the light of comments re­ Street, East Point, Ga. new Kodiak VOR. The proposed transi­ This amendment is proposed under tion area would provide protected air­ ceived. space for aircraft executing portions of An official docket will be available for section 307(a) of the Federal Aviation examination by interested persons at the Act of 1958 (49 U.S.C. 1348(a)). the prescribed instrument approach procedures, missed approaches, depar­ Federal Aviation Agency, Office of the Issued in East Point, Ga., on October tures, and holding procedures conducted General Counsel, Attention: Rules Dock­ 28,1966. beyond the limits of the Kodiak control et, 800 Independence Avenue SW., Wash­ J ames G. R ogers, zone. Designation of the transition area ington, D.C. 20553. An informal docket Director, Southern Region. will allow revocation of the Kodiak con­ also will be available for examination at [F.R. Doc. 66-12137; Filed, Nov. 8, 1966; trol area extension thereby releasing this the office of the Regional Air Traffic 8:46 am .] airspace for other aeronautical uses. Division Chief. As parts of these proposals relate to These amendments are proposed under the navigable airspace outside the United the authority of sections 307(a) and [ 14 CFR Part 71 1 States, this notice is submitted in con­ 1110 of the Federal Aviation Act of 1958 [Airspace Docket No. 66-AL-9] sonance with the ICAO International (49 U.S.C. 1348, 1510) and Executive Standards and Recommended Practices. Order 10854 (24 F.R. 9565). TRANSITION AREA, CONTROL ZONE, Applicability of International Stand­ Issued in Washington, D.C., on Oc­ AND CONTROL AREA EXTENSION ards and Recommended Practices by the tober 31,1966. Air Traffic Service, FAA, in areas out­ H. B. H elstrom, Proposed Designation, Alteration, side domestic airspace of the U.S. is gov­ Chief, Airspace and Air and Revocation erned by Article 12 and Annex 11 to the Traffic Rules Division. Convention on International Civil Avia­ The Federal Aviation Agency is con­ [F.R. Doc^ 66-12138; Filed, Nov. 8, 1966; sidering amendments to Part 71 of the tion (ICAO), which pertains to the 8:46 a.m.] Federal Aviation Regulation which would establishment of air navigation facilities alter the Kodiak, Alaska terminal air­ and services necessary to promoting the space structure as follows: safe, orderly and expeditious flow of civil [ 14 CFR Part 71 1 air traffic. Its purpose is to insure that *1. The Kodiak, Alaska control zone [Airspace Docket No. 66-AL-13] would be amended to comprise that air­ civil flying on international air routes is space within a 5-mile radius of Navy Sta­ carried out under uniform conditions TRANSITION AREA AND CONTROL designated to improve the safety 'and tion Kodiak Airport (latitude 57°44'50" ZONE N., longitude 152°29'40" W .): within 2 efficiency of air operations. miles each side of the Kodiak, Alaska, The International Standards and Rec­ Proposed Alteration ommended Practices in Annex 11 apply TACAN 094° True radial, extending from The Federal Aviation Agency is con­ the 5-mile radius zone to 7 miles east of in those parts of the airspace under the jurisdiction of a contracting state, de­ sidering amendments to Part 71 of the the TACAN; and within 2 miles south Federal Aviation Regulations that would and 2.5 miles north of the Kodiak, Alaska, rived from ICAO, wherein air traffic services are provided and also whenever alter the controlled airspace in the vicin­ RR east and west courses, extending from ity of King Salmon, Alaska, as follows: the 5-mile radius zone to 8 miles east of a contracting state accepts the respon­ sibility of providing air traffic services, 1. The King Salmon control zone the RR. would be redescribed as that airspace 2. The Kodiak, Alaska, control area over high seas or in airspace of unde­ termined sovereignty. A contracting within a 5-mile radius of the King Sal­ extension would be revoked. mon Airport (latitude 58°40'40" N., lon­ 3. A transition area at Kodiak, Alaska, state accepting such responsibility may apply the International Standards and gitude 156°38'55" N .); within 2 miles would be designated as that airspace ex­ each side of the King Salmon VORTAC tending upward from 700 feet above the . Recommended Practices to civil aircraft in a manner consistent with that adopt­ 312° and 132° True radials, extending surface within 3 miles north and 2 miles from the 5-mile radius zone to 9.5 miles south of the Kodiak, Alaska TACAN 094° ed for airspace under its domestic jurisdiction. NW of the VORTAC. True radial, extending from 7 miles east 2. The King Salmon transition area of the TACAN to 12 miles east of the In accordance with Article 3 of the Convention on International Civil Avia­ would be redescribed as that airspace TACAN; that airspace extending up­ extending upward from 700 feet above ward from 1,200 feet above the surface tion, Chicago, 1944, state aircraft are exempt from the provisions of Annex 11 the surface within 2 miles each side oi within a 29-mile radius of Navy Station the King Salmon VORTAC 132° and Kodiak Airport (latitude 57°44'50'.' N., and its Standards and Recommended Practices. As a contracting state, the 312° True radials, extending from 15 longitude 152°29'40" W.), extending miles SE of the VORTAC to 11 miles NW clockwise from the 085° True bearing to U.S. agreed by Article 3(d) that its state aircraft will be operated in international of the VORTAC; within a 9-mile radius the 040° True bearing from the airport; of the King Salmon Airport (latitude and within a 35-mile radius of Navy Sta­ airspace with due regard for the safety of civil aircraft. 58°40'40" N.J longitude 156°38'55' W > tion Kodiak Airport, extending clock­ extending from the 226° True hearing wise from the 040° True bearing to the Since this action involves, in part, the designation of navigable airspace out­ from the airport clockwise to the 055 085° True bearing from the airport; and True bearing from the airport; and tna that airspace extending upward from side the United States, the Administra­ tor has consulted with the Secretary of airspace extending upward from l, 14,500 feet MSL within 16 miles south feet above the surface within a 24-miie and 25 miles north of the Kodiak TACAN State and the Secretary of Defense in accordance with the provisions of Execu­ radius of the King Salmon VORTAC, 094° True radial, extending from 8 miles within 7 miles S and 9 miles N of the east of the TACAN to 58 miles east of the tive Order 10854.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14411

068° True radial, extending from the ber and be submitted in triplicate to the promoting the safe, orderly, and expedi­ King Salmon VORTAC to 34 miles E; Director, Alaskan Region, Attention: tious flow of civil air traffic. Its purpose within a 37-mile radius of the King Sal­ Chief, Air Traffic Division, Federal Avia­ is to insure that civil flying on interna­ mon VORTAC, extending from the 105° tion Agency, 632 Sixth Avenue, Anchor­ tional air routes is carried out under uni­ True radial clockwise to the SW bound­ age, Alaska 99501. All communications form conditions designed to improve the ary of Airway Blue 27; within 7 miles E received within 45 days after publication safety and efficiency of air operations. and 10 miles W of the King Salmon of this notice in the F ederal R egister The International Standards and Rec­ VORTAC 186° True radial, extending will be considered before action is taken ommended Practices in Annex 11 apply from the VORTAC to 28 miles S of the on the proposed amendments. The pro­ in those parts of the airspace under the VORTAC; and within a 34-mile radius posals contained in this notice may be jurisdiction of a contracting state, de­ of the King Salmon LFR, extending changed in the light of comments re­ rived from ICAO, wherein air traffic from 5 miles S of the 281° True bearing ceived. • services are provided and also whenever from the LFR clockwise to 5 miles NE An official docket will be available for a contracting state accepts the responsi­ of the 312° True bearing from the LFR. examination by interested persons at the bility of providing air traffic services over The proposed amended control zone Federal Aviation Agency, Office of the high seas or in airspace of undeter­ and transition area would provide ade­ G e n e r a l Counsel, Attention: Rules mined sovereignty. A contracting state quate controlled airspace for aircraft Docket, 800 Independence Avenue SW., accepting such responsibility may apply executing prescribed instrument ap­ Washington, D.C. 20553. An informal the International Standards and Recom­ proach, departure and holding proce­ docket also will be available for exami­ mended Practices to civil aircraft in a dures for the King Salomon Airport. nation at the office of the Regional Air manner consistent with that adopted for The present portion of the transition Traffic Division Chief. airspace under its domestic jurisdiction. area extending upward.from 14,500 feet These amendments are proposed under In accordance with Article 3 of the MSL would be deleted. the authority of sections 307(a) and 1110 Convention on International Civil Avia- As parts of these proposals relate to of the Federal Aviation Act of 1958 (49 tiofl, Chicago, 1944, state aircraft are ex­ the navigable airspace outside the United U.S.C. 1348, 1510) and Executive Order empt from the provisions of Annex 11 States, this notice is submitted in con­ 10854 (24 F.R. 9565), and its Standards and Recommended sonance with the- ICAO International Issued in Washington, D.C., on Octo­ Practices. As a contracting state, the Standards and Recommended Practices. ber 31, 1966. United States agreed by Article 3(d) Applicability of International Stand­ that its state aircraft will be operated ards and Recommended Practices, by the H . B. H elstrom , in international airspace with due regard Air Traffic Service, FAA, in areas outside Chief, Airspace and Air for the safety of civil aircraft. domestic airspace of the United States is Traffic Rules Division. Since this action involves, in part, the governed by Article 12 and Annex 11 to [F.R. Doc. 66-12139; Filed, Nov. 8, 1966; designation of navigable airspace out­ the Convention on International Civil 8:46 a.m.] side the United States, the Administra­ Aviation (ICAO), which pertains to the tor has consulted with the Secretary of establishment of air navigation facilities State and the Secretary of Defense in and services necessary to promoting the 114 CFR Part 71 1 accordance with the provisions of Ex­ safe, orderly and expeditious flow of civil [ Airspace Docket No. 66-SO-52 ] ecutive Order 10854. air traffic. Its purpose is to insure that Interested persons may participate in civil flying on international air routes is TRANSITION AREA the proposed rule making by submitting carried out under uniform conditions de­ such written data, views, or arguments signed to improve the safety and effi­ Proposed Designation as they may desire. Communications ciency of air operations. The Federal Aviation Agency is consid­ should identify the airspace docket num­ The International Standards and Rec­ ering an amendment to Part 71 of the ber and be submitted in triplicate to the ommended Practices in Annex 11 apply Federal Aviation Regulations that would Director, Southern Region, Attention: in those parts of the airspace under the designate a transition area in the vicinity Chief, Air Traffic Division, Federal Avia­ jurisdiction of a contracting state, de­ of Sanibel, Fla., as follows: tion Agency, Post Office Box 20636, At­ rived from ICAO, wherein air traffic lanta, Ga. 30320. All communications services are provided and also whenever That airspace extending upward from 2,000 feet above the surface, bounded on the S by received within 30 days after publication a contracting state accepts the respon­ Control 1230, on the E and NE by V-225 and of this notice in the F ederal R egister sibility of providing air traffic services the arc of a 20-mile radius circle centered on will be considered before action is taken over high seas or in airspace of undeter­ the Fort Myers, Fla., VORTAC, on the N by on the proposed amendments. The pro­ mined sovereignty. A contracting state latitude 26°30'OG" N., on the W by W-168 posals contained in this notice may be accepting such responsibility may apply and a line extending from latitude 26°10'00" changed in the light of comments the International Standards and Recom­ M., longitude 82°17'00'' W., to the INT of the received. mended Practices to civil aircraft in a N boundary of Control 1230 and longitude 82°15'00" W. An official docket will be available for manner consistent with that adopted for examination by interested persons at the airspace under its domestic jurisdiction. There are several air activities, civil Federal Aviation Agency, Office of the In accordance with Article 3 of the and military, that would be partially out­ General Counsel, Attention: Rules Convention on International Civil Avia­ side controlled airspace in the vicinity of Docket, 800 Independence Avenue SW., tion, Chicago, 1944, state aircraft are ex­ Fort Myers, Fla., with the revoking of Washington, D.C. 20553. An informal empt from the provisions of Annex 11 Control 1228 as proposed in Airspace docket also will be available for examina­ and its Standards and Recommended Docket No. 65-WA-35. The transition tion at the offiee of the Regional Air Practices. As a contracting state, the area, as proposed, will retain these pro­ United States agreed by Article 3(d) that cedures within controlled airspace. Traffic Division Chief. its state aircraft will be operated in in­ As parts of these proposals relate to These amendments are proposed under ternational airspace with due regard for the navigable airspace outside the United the authority of sections 307(a) and 1110 the safety of civil aircraft. States, this notice is submitted in con­ of the Federal Aviation Act of 1958 (49 Since this action involves, in part, the sonance with the ICAO International designation of navigable airspace outside U.S.C. 1348, 1510) and Executive Order Standards and Recommended Practices. 10854 (24 F.R. 9565). the United States, the Administrator has Applicability of International Stand­ consulted with the Secretary of State and ards and Recommended Practices, by the Issued in Washington, D.C., on Octo­ Secretary of Defense in accordance with Air Traffic Service, FAA, in areas outside ber 31, 1966. the provisions of Executive Order 10854. the domestic airspace of the United Interested persons may participate in States is governed by Article 12 «and An­ T. M cCormack, ‘^proposed rule making by submitting nex 11 to the Convention on Interna­ Acting Chief , Airspace and ucn written data, views, or arguments tional Civil Aviation

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14412 PROPOSED RULE MAKING stricted areas, available to the public [ 14 CFR Part 71 1 Federal Aviation Regulations that would alter Restricted Areas R-2903A Jackson­ when not activated by the user. [ Airspace Docket No. 66—SO—39 ] ville East, Fla., R-2903B Stevens Lake, The proposed changes to R-2903A, FEDERAL AIRWAY Fla., R-2903C Putnam, Fla., R-2903D R-2903B, R-2903C, R-2903D, and R- Jacksonville West, Fla., and R-2903E 2903E are as follows: Proposed Alteration Jacksonville North, Fla. R-2903A J acksonville East, Fla. V-39 is designated in part from Myrtle Interested persons may participate in Boundaries: Beginning at latitude 30°15'- Beach, S.C., 1,200 feet AGL INT Myrtle the proposed rule making by submitting 30" N., longitude 81°43'25" W., clockwise Beach 031° and Fayetteville, N.C., 163° such written data, views, or arguments along an arc of a circle 2 y2 nautical miles in True radials; 2,500 feet MSL Fayetteville, as they máy desire. Communications radius centered at latitude 30°14'00" N., excluding the airspace at and above 5,000 should identify the airspace docket num­ longitude 81°41'00" W., to latitude 30°H'25" feet MSL from 57 miles, southeast of ber and be submitted in triplicate to N„ longitude 81°41'00" W., to latitude 29°52'- the Director, Southern Region, Attn: 00" N., longitude 81°41'00” W., counterclock­ Fayetteville to Fayetteville. wise along an arc of a circle 5 nautical miles The Federal Aviation Agency is con­ Chief, Air Traffic Division, Federal Avia­ in radius centered at latitude 29°47'00" N., sidering an amendment to Part 71 of the tion Agency, Post Office Box 20636, At­ longitude 81 "41'00" W., to latitude 29°49'00" Federal Aviation Regulations that would lanta, Ga. 30320. All communications N., longitude 81°46'20" W„ to latitude 29°- redesignate this segment of V-39 from received within 45 days after publication 52'30" N., longitude 81°53'30” W., counter­ Myrtle Beach direct to Fayetteville ex­ of this notice in the F ederal R egister clockwise along an arc of a circle 5 nautical cluding the airspace below 2,700 feet MSL will be considered before action is taken miles in radius centered at latitude 29° 53'04" on the proposed amendments. The pro­ N., longitude 81°59'09” W., to latitude and the airspace at and above 5,000 feet 29° 55'30" N., longitude 81° 54' 10" W., to lati­ MSL. This action would reduce the route posals contained in this notice may be tude 29°56'45" N., longitude 81°53'15" W., to mileage between Myrtle Beach and Fay­ changed in the light of comments re­ latitude 29°59'50" N., longitude 81°57'40" etteville. Raising the floor of the airway ceived. W., to latitude 29°58'10" W., longitude and extending the floor and the 5,000- An official docket will be available for 81° 59'10" W., counterclockwise along an arc foot MSL ceiling would provide continu­ examination by interested persons at the of a circle 5 nautical miles in radius centered ity in the airway description. The 2,700- Federal Aviation Agency, Office of the at latitude 29°53'04" N., longitude 81'59'09" General Counsel, Attention: Rules Dock­ W., to latitude 29°57'30" N., longitude foot MSL floor would improve aeronau­ 82°02'00” W., to latitude 30°15'30" N., longi­ tical charting legibility as this floor et, 800 Independence Avenue SW., Wash­ tude 82°02'00" W., to the point of beginning. would coincide in part with the 2,700- ington, D.C. 20553. An informal docket Designated altitude. Surface to FL 230. foot MSL floor on a segment of the Golds­ also will be available for examination at boro, N.C., transition area. The estab­ the office of the Regional Air Traffic R-2903B Stevens Lake, F la. lished minimum en route and maximum Division Chief. Identification : R-2904A, Stevens Lake, Fla, authorized altitudes would not be The Department of the Navy has stated Boundaries: Within a 5 nautical mile affected. in a request to modify restricted areas radius of latitude 29° 53'04" N., longitude Interested persons may participate in R-2903B and R-2903C that due to the 81°59'09" W., excluding the airspace bounded the proposed rule making by submitting use of new and faster aircraft, advanced by latitude 29°53'45" N., longitude 82°04'50" such written data, views, or arguments weapons systems and modified ordnance W.;. latitude 29°52'35” N., longitude 82°02'- as they may desire. Communications delivery techniques, these two areas 00" w .; latitude 29°50'27" N., longitude should be altered to provide the air­ 82°00'00" W.; latitude 29°48'30" N„ longi­ should identify the airspace docket num­ tude 81°57'00" W. ber and be submitted in triplicate to the space required to contain the hazardous Designated altitude: Surface to FL 230. Director, Southern Region, Attention: activity. Changes in use of these target Time of designation: Continuous. Chief, Air Traffic Division, Federal Avia­ areas also require alteration of protected Controlling agency: F A A, Jacksonville tion Agency, Post Office Box 20636, At­ airspace. The activities to be contained ARTC Center. lanta, Ga. 30320. All communications within the modified restricted areas in­ Using agency: Commander Fleet Air, Jack­ received within 45 days after publication clude loft bombing, low-level bombing, sonville NAS, Jacksonville, Fla. strafing, dive bombing, glide bombing, Identification: R-2904B, Stevens Lake East, of this notice in the F ederal R egister Fla. will be considered before action is taken and rocket delivery. Boundaries: Beginning at latitude 29°52 - on the proposed amendment. The pro­ The proposed alteration of^ restricted 30" N., longitude 81°53'30" W., to latitude posal contained in this notice may be areas R-2903B and R-2903C make it 29°49'00" N., longitude 81°46'20" W., to lati­ changed in the light of comments re­ necessary to effect some changes in R- tude 29°44'50" N., longitude 81'49'05" W-, ceived. 2903A, R-2903D, and R-2903E since these to latitude 29'48'50" N., longitude 81°56'55" An official docket will be available for areas abut R-2903B and R-2903C. R- W., counterclockwise along an arc of a circle 2903A, D and E will be revoked when the 5 nautical miles in radius centered at latitude examination by interested persons at the 29°53'04" N., longitude 81°59'09" W., to Federal Aviation Agency, Office of the single terminal traffic facility for Jack­ point of beginning. > General Counsel, Attention: Rules Dock­ sonville Imeson Airport, Jacksonville Designated altitudes: Surface to 7,000 feet et, 800 Independence Avenue SW., Wash­ NAS and Cecil NAS is completed and the MSL in the area beginning at latitude 29°- ington, D.C. 20553. An informal docket facility activated. This planned revoca­ 52'30" N., longitude 81°53'30" W., to latitude will also be available for examination at tion accounts for the proposal to re­ 29°51T0” N., longitude 81°51'00" W., to lati­ the office of the Regional Air Traffic Divi­ number R-2903B and R-2903C to R- tude 29°44'50" N., longitude 81°49'05" W., 2904AB&C, and R-2905, respectively. to latitude 29°48'50" N., longitude 8 1 °56'55 sion Chief. W., counterclockwise along an arc of a circle This amendment is proposed under the Highways, small communities and 5 nautical miles in radius centered at latitude authority of section 307(a) of the Fed­ scattered housing can be found within 29°53'04" N., longitude 81°59'09" W., to eral Aviation Act of 1958 (49 U.S.C. 1348). the modified restricted areas R-2904AB& point of beginning. Surface to 5,000 feet C and R-2905, but removed from all im­ MSL in the area beginning at latitude 29 - Issued in Washington, D.C., on No­ pact areas. In view of this situation, the 51'10" N., longitude 81°51'00” W., to latitude vember 4, 1966. rule modifying these restricted areas 29°49'00'r N., longitude.81 °46'20" W., to lati­ H. B. H elstrom, would expressly withhold any exemption tude 29°44'50" N., longitude 81°49'05" W., Chief, Airspace and Air of the user from the requirements of to latitude 29°47'00" N., longitude 8 1 '53 55 Traffic Division Chief. W., to latitude 29°51'10" N., longitude section 91.79 of the Federal Aviation 81°51'00" W. [F.R. Doc. 66-12193; Filed, Nov. 8, 1966; Regulations so that the Navy would be Time of designation: Continuous. 8:51 a.m.] required to observe the minimum safe Controlling agency: FA A, Jacksonville altitudes specified in that section over ARTC Center. . . [ 14 CFR Part 73 ] Using agency: Commander Fleet Air, jacs- any congested area, person, vessel, ve­ [Airspace Docket No. 65-WA-49] sonville NAS, Jacksonville, Fla. hicle ojj structure not owned, operated or Identification: R-2904C, Stevens Lake RESTRICTED AREAS North, Fla. 0R0, leased by the Navy, while operating Boundaries: Beginning at latitude 29 ov - Proposed Alteration within these restricted areas. 50" N., longitude 81°57'40" W., to latitude The Federal Aviation Agency is con­ All five restricted areas proposed for 29°56'45" N., longitude 81°53'15" W., to lati­ sidering amendments to Part 73 of the modification herein are joint-use re- tude 29°55'30" N., longitude 81°54T0 W-,

FEDERAL REGISTER,‘ VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14413 counterclockwise along an arc of a circle 5 who conduct search and rescue opera­ Calif., Sandusky, Mich., Enterprise and nautical miles in radius centered at latitude tions supported the proposal, while those Troy, Ala., Ladysmith, Wis., and Iron- 29°53'04" N., longitude 81o59'09'' W., to who would be subject to the proposed latitude 29°58'10" N.* longitude 81°59'10" wood, Mich., Sturgeon Bay, Wis., Morris, yf„ to point of beginning. requirement vigorously opposed it and Minn., Jerseyville, 111,, Augusta, Ga., Designated altitudes: Surface to 7,000 feet presented reasons for their opposition. Brewton and Andalusia, Ala., Wicken- MSL. In opposing the proposal, the com­ burg, Ariz., Potsdam, N.Y., New Albany, Time of designation: Continuous. ments argued that it would not accom­ Ohio, and Circleville, Ohio); Docket No. Controlling agency,: FAA, Jacksonville plish its stated purpose, or would accom­ 16662, RM-957, RM-940, RM-941, RM- ARTC Center. plish its purpose only to a limited extent 878, RM-944, RM-948, RM-949, RM- Using agency: Commander Fleet Air, Jack­ but at an unreasonably high cost to Part 956, RM—958, RM-959. sonville NAS, Jacksonville, Fla. 135 operators. Furthermore, the com­ 1. In a notice of proposed rule making R - 2 9 0 3 C P u t n a m , F l a . ments stated that, while the proposal re­ issued on May 27, 1966, FCC 66-479, the Identification: R-2905, Putnam, Fla. sponded to one highly publicized inci­ Commission invited comments on a num­ Boundaries: The area within a 5 nautical dent, it appeared to ignore the good over­ ber of proposed changes in the FM Table mile radius of latitude 29°47'00” N., longi­ all accident record of Part 135 operators. of Assignments, including the deletion tude 81*41 *00" w . The comments also pointed out that ade­ of Channel 280A from New Albany, Ohio, R - 2 9 0 3 D J acksonville W e s t , F l a . quate communications facilities were on its own motion. In an order extend­ limited or lacking in those areas where ing time for filing reply comments is­ Identification: R-2903B, Jacksonville West, rapid location was most needed, and that sued on September 6, 1966, the Commis­ Fla. Boundaries : Beginning at latitude the proposal would otherwise place a sion accepted for filing a late Supple­ 30°21'32'' N„ longitude 82°02'00" W., to lati­ heavy burden on the communications mental Comment by the Christian Voice tude 29°57'30" N., longitude 82°02'00" W„ systems involved. Several comments of Central Ohio (Christian Voice) and counterclockwise along an arc of a circle 5 stressed the fact that many operators extended the time for filing reply com­ nautical miles in radius centered at latitude now file VFR flight plans voluntarily, and ments with respect to this portion of the 29°53'04” N., longitude 81°59'09'' W., to that compulsory filing might compromise proceeding only, until September 21, latitude 29°53'50" N., longitude 82°05'00” W., certain confidential operations, such as 1966, upon request of Nelson R. Embrey to latitude 30°00'00'' N., longitude 82°19'3P” W., to latitude 30°03'00" N„ longitude those involving the location and develop­ II, and Honor L. Greenawalt, licensees of 82°20'00" W., to latitude 30° 22'00” N., longi­ ment of mineral resources in remote Station WNRE(FM), Circleville, Ohio tude 82°20'00” W., to the point of beginning. areas. Finally, some comments support­ (WNRE). Christian Voice, on October ing the proposal urged changes, such as 6, 1966, filed an untimely reply to op­ R - 2 9 Ô 3 E J acksonville N o r t h , F l a . expanding the areas in which flight plans position to supplemental comments and Identification : R-2903C, J acksonville would not be required. a petition for leave to file reply to op­ North, Fla. The Agency has reviewed all of the position to supplemental comments of These amendments are proposed under comments received in response to notice WNRE. In the interests of orderly pro­ the authority of section 307(a) of the 66-2. In the light of the lack of a rea­ cedure and in view of the action taken Federal Aviation Act of 1958 (49 U.S.C. sonable assurance that the proposal will herein below, these pleadings of Chris­ 1348). accomplish its stated purpose and the tian Voice are not accepted and the relief Issued in Washington, D.C., on Novem­ possibility that the necessary communi­ requested is denied. ber 2, 1966. cations facilities may not be wholly ade­ 2. A brief summary of the background quate on a nationwide basis, the Agency of this matter will be helpful. On De­ T. M cC ormack, has determined that notice 66-2 should cember 3, 1964, Christian Voice, desirous Acting Chief, Airspace and be withdrawn. of providing a specialized religious FM Air Traffic Rides Division. Withdrawal of a notice of proposed radio service to the Columbus, Ohio, [F.R. Doc. 66-12141; Filed, Nov. 8, 1966; rule making constitutes only such action, area, filed a petition requesting rule mak­ 8:47 a.m.] and does not preclude the Agency from ing, RM-694, looking toward the assign­ issuing another notice in the future or ment of Channel 285A to Columbus (it commit the Agency to any course of ac­ had previously been assigned to this city [ 14 CFR Part 1351 tion in the future. but was subsequently assigned to Circle­ [Docket No. 7115; Ref. Notice 66-2] In consideration of the foregoing, no­ ville) and the substitution of Channel tice 66-2 published in the F ederal R eg­ 296A for 285A at Circleville, Ohio. This FILING OF FLIGHT PLANS ister on January 19, 1966 (31 F .R . 717), proposal was opposed by WNRE since it is hereby withdrawn. Withdrawal of Notice of Proposed had a construction permit for Channel This withdrawal is issued under the 285A in Circleville. On March 3, 1965, Rule Making authority of sections 307, 313(a) and 601 Christian Voice amended its petition to The Federal Aviation Agency has had of the Federal Aviation Act of 1958 (49 request the assignment of Channel 280A under consideration a proposal to amend U.S.C. 1348, 1354 and 1421). to the community of New Albany, Ohio, Part 135 of the Federal Aviation Regu­ Issued in Washington, D.C., on Novem­ about 12 miles northeast of Columbus. lations (Air Taxi Operators and Com­ ber 2, 1966. v Based upon the showing made by peti­ mercial Operators of Small Aircraft) to C. W . W alker, tioner, including one of technical feasi­ require the pilot in command of an air­ Director, Flight Standards Service. bility, the Commission invited comments on the proposal and in a Report and craft operated under that part to file a [F.R. Doc. 66-12142; Filed, Nov. 8, 1966; flight plan containing the information 8:47 a.m.] Order in Docket No. 16006, issued on specified in § 91.83. This proposal was October 22, 1965, FCC 65-950, finalized issued as notice 66- 2, and published in the assignment of Channel 280A at New the F ederal R egister on January 19, Albany. Subsequently, upon the filing 1966 (31F.R. 717). FEDERAL COMMUNICATIONS of an application for the use of this as­ As stated in notice 66-2, the purpose signment by Christian Voice, it was dis­ of the proposal was to provide a means COMMISSION covered that an error was made in the of taking earlier advantage of any avail­ showing of feasibility and that the as­ able search and rescue facilities in the [ 47 CFR Part 73 ] signment could not conform to the spac­ event of an emergency in flight, espe­ [Docket No. 16662; FCC 66-963] ing requirements. As a result, the Com­ cially in flights over sparsely populated mission in this proceeding and on its or mountainous areas. The comments TABLE OF ASSIGNMENTS, FM own motion, proposed to delete Channel received in response to notice 66-2 varied BROADCAST STATIONS 280A from New Albany without any from unqualified endorsement to un­ replacement. qualified objection to the proposal. How­ Notice of Proposed Rule Making 3. The error referred to above lay in ever, a substantial majority of the com­ In the matter of amendment of the assumption that Station WPAY-FM ments opposed the proposal, and several § 73.202, Table of Assignments, FM on Channel 281 in Portsmouth, Ohio, comments that supported the proposal Broadcast Stations (Leitchfield, Ky., was located in Zone I, whereas actually expressed reservations. Generally, those Rolla and Columbia, Mo., Bakersfield, its transmitter is located across the Ohio FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14414 PROPOSED RULE MAKING upon the following reasons: First, River in Zone H, and it is a Class C Channel No. station. See § 73.211(c) of the rules. WNRE claims that the listener confusion . City Thus, while the separation between New which would result from the change Albany and WPAY-FM is only 94.4 miles, would result in a loss of revenue and Delete Add the required separation between a Class could jeopardize its operation. This confusion, it claims, would be increased 285A 296A A station and a Class C adjacent channel 285A station is 105 miles. Christian Voice by the operation of another station in urges the Commission to retain Channel Columbus on its previous assignment. 280A in New Albany and consider WPAY Second, it argues that insufficient public 10. Pursuant to applicable procedures to be a Class B station since the assign­ interest considerations have been ad­ set out in section 1.415 of the Commis­ ment is to Portsmouth, which is located vanced to support the proposal. WNRE sion’s rules, interested parties may file in Zone I.1 In the supplemental com­ states that Columbus already has eight comments on or before December 5,1966, ments Christian Voice advances two al­ FM stations, including two educational and reply comments on or before Decem­ ternative proposals. One is to retain stations and that WEEC(FM) in Spring- ber 20, 1966. All submissions by parties Channel 280A at New Albany but require field also serves Columbus with religious to this proceeding or by persons acting that an application for its use utilize a programs. in behalf of such parties must be made directional antenna which would provide 6. We have carefully considered thein written comments, reply comments or WPAY with "equivalent protection” of comments and data submitted by Chris­ other appropriate pleadings. tian Voice and WNRE with respect to 11. In accordance with the provisions the standard spacing to make up for the of § 1.419 of the rules, an original and 11-mile shortage. It urges that this the matter of retaining Channel 280A would not encroach upon the Commis­ at New Albany and the assignment of 14 copies of all written comments, re­ Channel 285A to Columbus by the sub­ plies, pleadings, briefs, or other docu­ sion’s carefully considered allocation ments shall be furnished the Commission. concepts and that in any event a waiver stitution of Channel 296A for 285A at of the minimum mileage rule would serve Circleville. With respect to the reten­ Adopted: November 2,1966. tion of Channel 280A at New Albany the public interest in this case. Chris­ Released: November 4,1966. tian Voice points out that the principal with or without the suppression of power of "equivalent protection” has been used in the direction of WPAY-FM, we are F ederal Communications several times in television and submits of the view that we cannot adopt this Commission,8 an engineering showing to prove the proposal. We have on several occasions [seal] Ben F. Waple, technical feasibility of such an operation. stated our reasons for not deviating Secretary. 4. The second alternative proposal ad­ from tiie minimum mileage requirements of the rules. See, for example, the mem­ [F.R. Doc. 66-12173; Filed, Nov. 8, 1966; vanced by Christian Voice is the same 8:49 a.m.] as previously proposed by it in RM-694, orandum opinion and order adopted the assignment of Channel 285A to Co­ May 5, 1965, RM-674, FCC 65-387. We lumbus by the substitution of Channel do not believe that there are sufficient 296A for 285A at Circleville. Christian public interest considerations in this [ 47 CFR Part 73 1 Voice submits that this proposal is tech­ case to warrant a departure from our [Docket No. 16968; FCC 66-969] nically feasible, that similar changes basic policy of not permitting violations have been made in the past where it of the adopted separations, or the use of TELEVISION BROADCAST STATIONS was considered that the public interest the principal of equivalent protection to would benefit, citing two such cases justify such violation, especially where Table of Assignments; St. James, (Docket Nos. 15543 and 15542), and that there is available another method to pro­ Minn. it is willing to reimburse WNRE "the vide the requested and needed assign­ ment. As to the need for the proposed In the matter of amendment of legitimate and prudent out-of-pocket § 73.606, Table of Assignments, Televi­ expenses incurred by it, whether they assignment, we disagree with WNRE and have previously found that there is a sion Broadcast Stations (St. James, be engineering costs or otherwise, , neces­ Minn.) ; Docket No. 16968, RM-997. sary for it to effectuate any channel need for the requested Class A assign­ ment in the Columbus area. 1. On July 1, 1966, Hubbard Broad­ change, should Voice ultimately become casting, Inc., licensee of Station KSTP- the permittee on Channel 285A in 7. As to the proposal to assign Channel 285A to Columbus, in lieu of Channel TV, Channel 5, St. Paul, Minn., filed a Columbus.” petition requesting a commercial UHF 5. WNRE submits that it has no ob­ 280A to New Albany, we are of the view that sufficient merit has been shown to channel assignment to St. James, Minn. jection to the establishment of a reli­ 2. St. James, county seat of Watonwan gious station in or near Columbus but not flow from this proposal as to warrant further rule making. In addition to re­ County, is located approximately 100 at the expense and to the detriment of miles southwest of Minneapolis-St. Paul WNRE. It opposes the second alterna­ moving a short spaced assignment the and according to the 1960 U.S. census, tive of Christian Voice, which would proposal has the advantage of adding a has a population of 4,174 persons. modify the license of WNRE to specify new channel in the city of Columbus it­ 3. Petitioner states that if a UHF operation on Channel 296A instead of channel assignment is made to St. James, Channel 285A, on which it is presently self, the area originally intended to be served by the New Albany assignment. it will immediately file an application for operating.8 This opposition is based construction permit to operate on the Accordingly, we are inviting comments assigned channel as a satellite of its li­ 1 Several other contentions are made con­ from all interested parties on this pro­ censed Station, KSTP-TV, which is an cerning the needs of the area for religious posal in order that they may state their NBC affiliate. and educational broadcast service and the views and submit any relevant data. 4. St. James is in an area where UHr plans of Christian Voice to provide the types of programs considered needed. Since WNRE operates on Channel 285A channel availabilities are considered 2 Procedurally WNRE contends that the and the proposal would substitute Chan­ plentiful. The Commission has selected Commission’s grant of Christian Voice’s pe­ Channel 38 as the most efficient channel, tition for leave to file supplemental com­ nel 296A therefor, appropriate action will and its assignment will not have an ad­ ments was premature and in violation of the be taken with respect to its authorization, verse effect on future assignments in the rules in view of the notice that WNRE wished in the event the proposal is adopted. impact area. , . to oppose the petition. We do not find this 5. Pursuant to the authority contained contention to have merit. Our rules do not 8. Authority for the adoption of the prohibit the Commission from accepting a amendments proposed herein are con­ In sections 4(i), 303, and 307(b) of the supplemental pleading without waiting for tained in sections 4(i), 303, 307(b), and Communications Act of 1934, as amend­ oppositions. In fact § 1.45(e) specifically ed, it is proposed to amend the Table oi permits this. Further, the rights of WNRE 316 of the Communications Act of 1934, Assignments in § 73.606(b) of the Com- will not be jeopardized since adequate op­ as amended. portunity will be given for it to file any 9. In view of the foregoing, comments « Commissioners Bartley and Cox dissent­ comments or data it may wish to submit. are invited on the following changes in ing, Commissioner Wadsworth absent, Just as it already has done in its opposition, Commissioner Johnson concurring. considered herein. the FM Table of Assignments:

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14415 mission’s rules insofar as the listed com­ choice in terms of impact on remaining rate of return, higher than the maxi­ munity is concerned, to read as follows: available assignments. There is an ade­ mum rate prescribed for regular ac­ Channel quate number of available assignments counts, on certificate accounts issued at C ity No. remaining in the area to meet foreseeable a time when the total of certificate ac­ St. James, Minn------38 future needs. counts receiving a rate of return (includ­ 4. New Orleans is ranked 43d among ing any deferred return or bonus) high­ 6. Pursuant to applicable procedures television markets based on net weekly er than the maximum rate prescribed set out in § 1.415 of the Commission’s circulation. In the revised UHF plan for regular accounts exceeds 50 percent rules, interested parties may file com­ adopted in the fifth report and memo­ of total withdrawable accounts. ments on or before December 12, 1966, randum opinion and order in Docket No. (Sec. 4, 80 Stat. 823; 12 U.S.C. 1425b) and reply comments on or before Decem­ 14229 (FCC 66-137, released February 11, ber 22, 1966. All submissions by parties 1966), 39 of the top 75 markets were Resolved further that all interested to this proceeding or by persons acting given six or more commercial assign­ persons are hereby given the opportunity in behalf of such parties, must be made ments. Ten of these 39 markets have to submit written data, views, or argu­ in written comments, reply comments, less net weekly circulation than New ments on the following subjects and is­ or other appropriate pleadings. Orleans. Under the circumstances, a sues: (1) Whether said proposed amend­ 7. In accordance with the provisions sixth commercial assignment for New ment should be adopted as proposed; of § 1.419 of the rules, an original and 14 Orleans appears reasonable. (2) whether said proposed amendment copies of all written comments, replies, 5. Accordingly, pursuant to the au­ should be modified and adopted as modi­ pleadings, briefs, or other documents thority contained in sections 4(i), 303, fied; (3) whether said proposed amend­ shall be furnished the Commission. and 307(b) of the Communications Act ment should be rejected. All such writ­ Adopted: November 2,1966. of 1934, as amended, it is proposed to ten data, views, or arguments must be amend the Table of Assignments in received through the mail or otherwise Released: November 4,1966. §73.606(b) of the Commission rules by at the Office of the Secretary, Fed­ F ederal Communications adding Channel 38 to New Orleans, La. eral Home Loan Bank Board, Federal Co m m issio n ,1 6. Pursuant to applicable procedures Home Loan Bank Board Building, 101 [seal] B en F. W aple, set out in § 1.415 of the Commission’s Indiana Avenue NW., Washington, D.C. Secretary. rules and regulations interested parties 20552, not later than November 29, 1966, may file comments on or before December to be entitled to be considered, but any [F.R. Doc. 66-12174; Filed, Nov. 8, 1966; received later may be considered in the £:49 a.m.] 12, 1966, and reply comments on or be­ fore December 22, 1966. All submissions discretion of the Federal Home Loan by parties to this proceeding, or by per­ Bank Board. [ 47 CFR Part 73 ] sons acting on behalf of such parties, By the Federal Home Loan Bank must be made in written comments, reply Board. [Docket No. 16967; FCC 66-967] comments, or other appropriate plead­ ings. [seal] H arry W. Caulsen, UHF TELEVISION BROADCAST Secretary. CHANNEL 7. In accordance with the provisions of § 1.419 of the Commission’s rules and [F.R. Doc. 66-12189; Filed, Nov. 8, 1966; Table of Assignments; regulations, an original and 14 copies of 8:51 a.m.] New Orleans, La. all written comments, reply comments, pleadings, briefs, or other documents In the matter of amendment of the shall be furnished the Commission. table of assignments in § 73.606(b) of the [12 CFR Part 569 ] Commission rules and regulations to add Adopted: November 2, 1966. a commercial UHF television broadcast Released: November 4, 1966. [FSLIC-2,809] channel at New Orleans, La., Docket No. F ederal Communications FEDERAL SAVINGS AND LOAN 16967, RM-1008. INSURANCE CORPORATION 1. On July 25, 1966, Rault Petroleum Co m m issio n ,1 [ seal] B en F. W aple, Corp. of New Orleans, La., filed a petition Secretary. Proposed Limitations on Rate of for rule making requesting that a UHF Return television broadcast channel be assigned [F.R. Doc. 66-12175; Filed, Nov. 8, 1966; to New Orleans for use by a commercial 8:49 a.m.] November 3, 1966. television broadcast station. The peti­ Resolved that, pursuant to Part 508 tioner stated that if a channel is pro­ of the General Regulations of the Fed­ vided, it will promptly apply for authority eral Home Loan Bank Board (12 CFR to construct and operate a new UHF FEDERAL HOME LOAN BANK BOARD Part 508) and § 567.1 of the rules and television station in New Orleans. [12 CFR Part 526 1 regulations for Insurance of Accounts 2. New Orleans is currently assigned [20,261]' (12 CFR 567.1) it is hereby proposed that 4 VHF channels (4, 6, 8, and 12) one of § 569.4 of the rules and regulations for which (Channel 8) is reserved for educa­ FEDERAL HOME LOAN BANK Insurance of Accounts (12 CFR 569.4) tional broadcasting. Stations are in op­ SYSTEM be amended by the addition of a new eration on all of these channels. UHF paragraph, paragraph (d), to read as Channels 20, 26 and 32 are also assigned Proposed Limitations on Rate of follows: with Channel 32 reserved for educational Return § 569.4 Maximum rate of return pay­ broadcasting. Supreme Broadcasting N ovember 3, 1966. able on certificate accounts. Co., Inc. (WJMR-TV), holds a construc­ tion permit for Channel 20 and Channel Resolved that, pursuant to Part 508 of 26, Inc. (WWOM-TV), holds a construc­ the General Regulations of the Federal (d) Amount Limitation. A member tion permit for Channel 26. There are Home Loan Bank Board (12 CFR Part institution may not advertise or pay a n° pending applications for educational 508) it is hereby proposed that § 526.4 rate of return, higher than the maximum Channel 32. of the regulations for the Federal Home rate prescribed for regular accounts, on 3. We have examined the assignment Loan Bank System (12 CFR 526.4) be certificate accounts issued at a time Possibilities in the New Orleans area by amended by the addition of a new para­ when the total of certificate accounts re­ means of the electronic computer and graph, paragraph (d) to read as follows: ceiving a rate of return (including any find that a number of additional assign­ § 526.4 Maximum rate of return pay­ deferred return or bonus) higher than ments could be made. The study shows able on certificate accounts. the maximum rate prescribed for reg­ that Channel 38 is the most efficient ♦ * * * * ular accounts exceeds 50 percent of total withdrawable accounts.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 No. 218—Pt. I- 6 14416 PROPOSED RULE MAKING

Resolved further that all interested amended, which are set forth in an ap­ tions of a written plan supplied to all persons are hereby given the opportunity pendix to this notice, continue in the such competing customers. to submit written data, views, or argu­ industry, particularly in instances where All interested or affected parties are ments on the following subjects and is­ advertising payments or promotional al­ hereby notified that they may file writ­ sues: (1) Whether said proposed amend­ lowances, services, or facilities are ten data, views, or arguments concern­ ment should be adopted as proposed; (2) granted or furnished pursuant to indi-. ing the proposed rule with the Chief, whether said proposed amendment vidually negotiated, oral arrangements. Division of Trade Regulation Rules, Bu­ should be modified and adopted as modi­ Based upon the foregoing and upon reau of Industry Guidance, Federal. fied; (3) whether said proposed amend­ consideration of a petition for an in­ Trade Commission, Sixth Street at ment should be rejected. All such writ­ dustrywide enforcement program, the Pennsylvania Avenue NW., Washington, ten data, views, or arguments must be Commission has initiated this proceeding D.C. 20580, not later than January 11, received through the mail or otherwise having reason to believe that: (1) Sellers, 1967. To the extent practicable, per­ at the Office of the Secretary, Federal including manufacturers and other mar­ sons submitting written presentation ex­ Home Loan Bank Board, Federal Home keters, engaged in the sale of the above- ceeding two pages should file 12 copies Loan Bank Board Building, 101 Indiana enumerated products in commerce, as thereof. Avenue NW., Washington, D.C. 20552, not “commerce” is defined in section 1 of the All interested parties are also hereby later than November 29, 1966, to be en­ Clayton Act, have engaged in the prac­ given notice of opportunity to orally titled to be considered, but any received tice of granting or furnishing discrimi­ present data, views, or arguments with later may be considered in the discretion natory advertising payments or promo­ respect to the proposed rule at a hearing of the Federal Home Loan Bank Board. tional allowances, services, or facilities to be held at 10 a.m., e.s.t., on Wednes­ to customers competing in the resale of day, January 18,1967, in Room 532 of the By the Federal Home Loan Bank such products; (2) such practices con­ Federal Trade Commission Building, Board. stitute violations of sections 2 (d) and/or Washington, D.C. 20580. (e) of the Clayton Act, as amended by On or after January 18,1967, the data, [ seal] H arry W. Caulsen, the Robinson-Patman Act; and (3) that Secretary. views, or arguments presented orally or such violations exist where the seller has in writing relating to the proposed rule [F.R. Doc. 66-12190; Filed, Nov. 8, 1966; not supplied his customers with promo­ will be available for examination by in­ 8:51 a.m.] tional plans in writing, or has deviated terested parties at the office of the Fed­ from a previously circulated plan with eral Trade Commission, Washington, respect to some, but not all, competing D.C. 20580, and will be fully considered customers. by the Commission in taking such action FEDERAL TRADE COMMISSION Sec. as may be warranted. 412.0 Definitions. All persons, firms, corporations, or [ 16 CFR Part 412 1 412.1 The rule. others engaged in the sale or distribution CERTAIN DISCRIMINATORY PRAC­ Authority : The provisions of this Part 412 of men’s, youths', and boys’ suits, coats, issued under 38 Stat. 717, as amended; 15 overcoats, topcoats, jackets, dress trou­ TICES IN MEN’S AND BOYS’ TAI­ XJ.S.C. 41-58: 38 Stat. 730, as amended; 15 sers, and uniforms for resale in com­ LORED CLOTHING INDUSTRY U.S.C. 12-27. merce, as “commerce” is defined in the Clayton .Act, would be subject to the re­ Notice of Proposed Rule Making § 412.0 Definitions. quirements of any Trade Regulation Rule Notice is hereby given that the Federal For the purpose of this proposed rule promulgated in the course of this pro­ Trade Commission, pursuant to the Fed­ the following definitions apply: ceeding. eral Trade Commission Act, as amended, (a) Products. Men’s, youths’, and Where a Trade Regulation Rule is rel­ 15 U.S.C. 41, et seq., and the Clayton boys’ suits, coats, overcoats, topcoats, evant to any issue involved in an adjudi­ Act, as amended, 15 U.S.C. 12, et seq., and jackets, dress trousers, and uniforms. cative proceeding thereafter instituted, the provisions of Part 1, Subpart F of (b) Seller. Any person, firm, cor­ the Commission may rely upon the rule the Commission’s procedures and rules poration, or organization engaged in the to resolve such issue, provided that the of practice, 16 CFR 1.61, et seq., has sale of products for resale with or with­ respondent shall have been given a fair initiated a proceeding for the promulga­ out further processing. hearing on the legality and propriety of tion of a Trade Regulation Rule re­ (c) Customer or purchaser. Persons, applying the rule to the particular case. garding the granting or furnishing of firms, corporations, or organizations en­ Trade Regulation Rules express the advertising payments or promotional al­ gaged in the purchase of products for experience and judgment of the Com­ lowances, services, or facilities by sellers resale. mission based on facts of which it has of men’s, youths’, and boys’ suits, coats, (d) Customers competing in the resale knowledge derived from studies, re­ overcoats, topcoats, jackets, dress trou­ and competing customers. Mean those ports, investigations, hearings, and other sers, and uniforms, to buyers engaged in customers who actively compete with proceedings, or within official notice con­ the resale of such products. each other in the distribution of a sell­ cerning the substantive requirements of In connection with the investigation of er’s products. the statutes which it administers. Information received during prelimi­ the apparel industry for violations of the § 412.1 The rule. Clayton Act, as amended, Special Re­ nary consideration of this matter indi­ ports, authorized under subsections (a) Accordingly, the Commission proposes cates that the practices which would be and (b) of section 6, of the Federal Trade the following Trade Regulation Rule: prohibited by the proposed rule are wide­ Commission Act, were filed with the The granting or furnishing, in whole or spread in the industry. Commission., An examination of those in part, of any advertising payment or This proceeding is designed to inform Special Reports, submitted by leading promotional allowance, service or facil­ all industry members of their obligations members of the Men’s and Boys’ Tailored ity, by any seller of men’s, youths’, and under the law and to attain equitable Clothing Industry, disclosed that viola­ boys’ suits, coats, overcoats, topcoats, treatment of them in its enforcement. tions have been common in instances jackets, dress trousers, and uniforms to All interested or affected parties are where sellers, in granting promotional a customer engaged in the resale of such urged to express their approval or dis­ allowances and services, failed to supply products, within the purview of sections approval of the proposed rule, or to rec­ their customers with written plans or de­ 2 (d) and (e) of the Clayton Act, as ommend revisions thereof and give a full viated from previously circulated plans. amended, will be presumed to be unlaw­ statement of their views in connection Approximately 5 percent of the industry ful unless such payment or allowance, herewith. were afforded the opportunity to file con­ service, or facility has been made avail­ Set forth below are sections 2 (d) and sent agreements pursuant to the Com­ able on proportionally equal terms to all (e) of the Clayton Act, as amended: mission’s Consent Order Procedure, 16 the seller’s customers competing in the (d) That it shall he unlawful for any CFR 2.1, et seq. Knowledgeable sources resale of products sold in competition person engaged in commerce to pay or con­ have indicated that violations of sections with each other pursuant to and in ac-’® tract for the payment of anything of value 2 (d) and/or (e) of the Clayton Act, as cordance with all the terms and condi­ to or for the benefit of a customer of such

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14417

"V ‘ person in the course of such commerce'-as ary of Kirkwood, Mo. Petitioners seek compensation or in consideration for any INTERSTATE COMMERCE redefinition so as to include the following services or facilities furnished by or through area immediately west of Kirkwood and such-customer in connection with the proc­ COMMISSION known as Tree Court Industrial Park: “The area bounded on the east by Kirk­ essing, handling, sale, or offering for sale of [ 49 CFR Part 170 1 any products or commodities manufactured, wood, Mo., city limits, on the south by sold, or offered for sale by such person, unless [MC-C-l; Sub-No. 2; 96 M.C.C. 691] Marshall Road, on the west by Treecourt such payment or consideration is available Avenue, and on the north by Big Bend ST. LOUIS, MO.-EAST ST. LOUIS, ILL., Road.” on proportionally equal terms to all other COMMERCIAL ZONE customers competing in the distribution of No oral hearing is contemplated at Proposed Redefinition of Limits this time, but anyone wishing to make such products or commodities. representations in favor of, or against, (e) That it shall be unlawful for any per­ N ovember 4,1966. the above-proposed revision of the limits son to discriminate in favor of one pur­ Petitioners: Baldor Electric Co., Keil of the St. Louis, Mo.-East St. Louis, 111, chaser against another purchaser or pur­ Engineering Products, Inc., Kepro Circuit commercial zone, may do so by the sub­ chasers of a commodity bought for resale, Systems, Inc., John V. Thiemann, Inc., mission of written data, views, or argu­ with or without processing, by contracting L. E. Sauer Machine Co., Bohn & Dawson, ments. An original and five copies of to furnish or furnishing, or by contribut­ Inc., Western Textile Products Co.; peti­ such data, views, or arguments shall be ing to the furnishing of, any services or tioners’ representative: G. M. Rebman, filed with the Commission on or before facilities connected with the processing, han­ 1030 Boatmen’s Bank Building, St. Louis, December 12, 1966. dling, sale, or offering for sale of such com­ Mo. 63102. Notice to the general public of the modity so purchased upon terms not ac­ By petition filed October 17,1966, peti­ matter herein under,consideration will corded to all purchasers on proportionally tioner request the Commission to reopen be given by depositing a copy of this equal terms. the above proceeding for the purpose of notice in the Office of the Secretary of redefining the limits of the St. Louis, the Commission for public inspection and Issued: November 8, 1966. Mo.-East St. Louis, HI., commercial zone, by filing a copy thereof with the Director, Office of the Federal Register. By the Commission. which were most recently redefined on December 30,1964, in St. Louis, Mo.-East By the Commission. [seal] J oseph W. S hea, S t/ Louis, 111., Commercial Zone, 96 [seal] H . N ell G arson, Secretary. M. C.C. 691 at pages 696-697 (49 CFR Secretary. [F.R. Doc. 66-12091; Filed, No,v. 8, 1966; 170.3). The western limits of such zone [F.R. Doc. 66-12199; Filed, Nov. 8, 1966; 8:45 a.m.] are defined in part by the western bound- 8:52 a.m.]

■ : • ■■ : FEDERAL REGISTER, VOL. 31, NO. 2 1 8-—WEDNESDAY, NOVEMBER 9, 1966 14418 Notices

torical areas and an administrative site Lonesome Cove Campsite DEPARTMENT QF THE TREASURY in the Clearwater National Forest. T. 37 N., R. 12 E., unsurveyed, which probably Bureau of Customs For a period of 30 days from the date will be when surveyed: of publication of this notice, all persons Sec. 18, SWiANE^SW»4SE»4, SE&NWU [Antidumping—ATS 643.3-b] who wish to submit comments, sugges­ SWJ4SE/4, NEi4SW%SW%SE%, and NW >ASEV4 SW% SE %. - DISC BRAKE PADS FROM CANADA tions, or objections in connection with the proposed withdrawal may present Totaling 10 acres. Antidumping Proceeding Notice their views in writing to the undersigned Sinque Hole Campsite N ovember 3,1966. officer of the Bureau of Land Manage­ T. 37 N., R. 10 E., unsurveyed, which probably ment, Department of the Interior, Post will be when surveyed: The F ederal R egister notice dated Office Box 2237, Boise, Idaho 83701. Sec. 36, Ei/2SW & NW % SE 14 and Wy2SEy4 September 9, 1966, is hereby corrected as The authorized officer of the Bureau of NW1/4 SE14. follows: Wherever the manufacturer is Land Mangement will undertake such Totaling 10 acres. stated to be “Certified Automotive Prod­ investigations as are necessary to deter­ ucts, Rexdale, Ontario, Canada” it Indian Grave Site mine the existing and potential demand T. 36 N., R. 10 E., unsurveyedi which probably should be amended to read “Atom-Otive for the lands and their resources. He Products, Rexdale, Ontario, Canada.” will be when surveyed: will also undertake negotiations with the Sec. 1, Sy2 NE %NWi/4 NE% and N'/2SEy4 [seal! E d w in F. R a ins, applicant agency with the view of ad­ NW^NE%. Acting Commissioner of Customs. justing the application to reduce the Totaling 10 acres. [F.R. Doc. 66-12164; Filed, Nov. 8, 1966; area to the minimum essential to meet Smoking Place Historical Site 8:48 a.m.] the applicant’s needs, to provide for the maximum concurrent utilization of the T. 36 N., R. 10 E„ unsurveyed, which prob­ ably will be when surveyed: lands for purposes other than the appli­ Sec. 1, Wi/2NW‘/4SEy4, w y2 Ei/2NW14SEy4, Office of the Secretary cant’s, to eliminate lands needed for NW14NEy4SW14SEy4, and N^NW^SWy4 [Treasury Dept, Order 167-79] purposes more essential than the appli­ SE&. cant’s, and to reach agreement on the Totaling 37.50 acres. COMMANDANT, U.S. COAST GUARD concurrent management of the lands Bald Mountain Campsite and their resources. I Delegation of Authority He will also prepare a report for T. 36 N., R. 10 E., unsurveyed, which prob­ consideration by the Secretary of the In­ ably will be when surveyed: By virtue of the authority vested in the Sec. 20, Ni/2S^NEV4NW^4 and S&Nft Secretary of the Treasury by Reorganiza­ terior who will determine whether or not NE&NW1/4. tion Plan No. 26 of 1950 and 14 U.S.C. the lands will be withdrawn as requested Totaling 20 acres. 631, and pursuant to the authority dele­ by the Department of Agriculture. gated to me by Treasury Department The determination of the Secretary Bald Mountain Historical Site Order No. 190 (Revision 4), there are on the application will be published in T. 36 N., R. 10 E., unsurveyed, which prob­ transferred to the Commandant, U.S. the F ederal R egister. A separate notice ably will be when surveyed: Coast Guard the functions of the Sec­ will be sent to each interested party of Sec. 19, S%SE*4NW]4NEi4 and N^NEi4 retary of the Treasury contained in 42 record. SW14NE14. U.S.C. 1594(c) and 1594b relating to the If circumstances warrant it, a public Totaling 10 acres. financing, maintenance and operation hearing will be held at a convenient time Dry Campsite of housing for military personnel of the and place which will be announced. Coast Guard. The lands involved in the application T. 36 N„ R. 9 E., unsurveyed, which prob­ are: ably will be when surveyed: Dated: November 3, 1966. B o i s e M e r id ia n Sec. 25, S W Vi SW % N W14 NE 14, NW^NW1/, SW1/4 NE1/4 , SE % SE % NE 14 NW %, and [seal! T rue D avis, CLEARWATER NATIONAL FOREST NE % NEi/4 SE »4 NW %. Assistant Secretary of the Treasury. Orogrande Campground Totaling 10 acres. [F.R. Doc. 66-12165; Filed, Nov. 8, 1966; T. 37 N., R. 7 E., Sherman Peak Historical Site 8:48 a.m.] Sec. 3, lots 1, 2, 3, NW14SW14NE14 and Ny2 SE%NW»4 . T. 36 N„ R. 9 E., unsurveyed, which prob­ Totaling 156.59 acres. ably will be when surveyed: Sec. 34, SW i4 NE % SW *4 and Ey2SE%NWy4 DEPARTMENT OF THE INTERIOR Tom Beal Park SW 14. T. 36 N., R. 14 E., unsurveyed, which probably Totaling 15 acres.' Bureau of Land Management will be when surveyed: Cache Mountain Site Sec. 20, SW%NE]4SE]4, SE14NW14SE14, IDAHO and SV2SE14; T. 35 N., R. 8 E., unsurveyed, which prob­ Sec. 29, Ni/aNi/aNE^. ably will be when surveyed: Notice of Proposed Withdrawal and- Totaling 140 acres. Sec. 12, SWJ4NW}4NEi4. Reservation of Lands Spring Mountain Campsite Totaling 10 acres. N ovember 2,1966. T. 37 N., R. 12 E., unsurveyed, which probably Hungery Campsite The Department of Agriculture has will be when surveyed: T. 35 N., R. 8 E., unsurveyed, which prob­ filed an application, Serial No. 1-199 for Sec. 2, . SE % NE % SW%SE%, NE&SE^ ably will be when surveyed: the withdrawal of the lands described SWi4SE]4, SW % N W *4 SE % SE 14, and Sec. 14, SW&NE^SWyi, NW&SE^SWft* NW P W % SE 14 SE %. below, from all forms of appropriation, Totaling 20 acres. under the public land laws, including ■ Totaling 10 acres. the mining laws but not the mineral Indian Post Office Site Retreat Campsite leasing laws, subject to valid existing T. 37 N., R. 12 E., unsurveyed, which probably T. 35 N., R. 8 E., unsurveyed, which prob­ rights. will be when surveyed: ably will be when surveyed: The applicant desires the land for Sec. 17, w y2 NW ^SW ‘/4. Sec. 15, NB%NW%SW%. public purposes as recreation areas, his­ Totaling 20 acres. Totaling 10 acres.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14419

Soup Campsite Dated at Washington, D.C., this 2d day T. 35 N., R. 8 E., unsurveyed, which prob­ ATOMIC ENERGY COMMISSION of November 1966. ably will be when surveyed: [Docket No. PRM-30-26] For the Atomic Energy Commission. Sec. 8, S%NW%NE%SE%. Totaling 5 acres. JONES MEDICAL INSTRUMENT CO. W . B . M cC ool, Secretary. Elbow Bend Campsite Notice of Filing of Petition for Rule [F.R. Doc. 66-12124; Filed, Nov. 8 , 1966 T. 35 N., R. 7 E-, Making ^ 8:45 a.m.] Sec. 13, Wi/2 SW14 SW %NE and SE^4NWi4. Please take notice that the Jones Med­ Totaling 10 acres. ical Instrument Co., 315-323 South Hon­ Horse Steak Meadow Campsite ore Street, Chicago, 111., by letter dated October 20,1966, has filed with the Com­ CIVIL AERONAUTICS BOARD T. 35 N., R. 7 E., mission a petition for rule making to Sec. 14, SE NE % S W % NE ^ , NE%SE% [Docket No. 17782] SW1/4 NE14, S W i/4 N W % SE % NE14, and amend the Commission’s regulation N W i/4 SW % SE i/4 NE %. “General Licenses for Certain Quantities DEUTSCHE LUFTHANSA AKTIENGE­ Totaling 10 acres. of Byproduct Material and Byproduct SELLSCHAFT (LUFTHANSA GERMAN Material Contained in Certain Items,” 10 AIRLINES) PERMIT AMENDMENT Wendover Ridge Campsite CFR Part 31. T. 37 N., R. 13 E., unsurveyed, which prob­ The amendments proposed by the peti­ Notice of Hearing ably will be when surveyed: tioner would amend Part 31 so as to issue Notice is hereby given, pursuant to the Sec. 4,-SW%NE%NE%. a general license authorizing possession Totaling 10 acres. provisions of the Federal Aviation Act and use of iodine 125 for clinical and of 1958, as amended, that a hearing in the Lola Pass Information Site laboratory testing of thyroid function not above-entitled proceeding is assigned to T. 38 N., R. 15 E„ involving administration to human be­ be held on Tuesday, November 22, 1966, Sec. 16, Wi/2NW%SEi/4. ings. The petitioner requests that the at 10 a.m. (eastern standard time) in Totaling 20 acres. general license authorize possession and Room 211, Universal Building, 1825 Con­ The areas described aggregate 544 use of prepackaged units not to exceed necticut Avenue NW., Washington, D.C., acres, more or less, in Clearwater and ten microcuries of iodine 125, with a total before the undersigned examiner. Idaho Counties, Idaho. possession limit at any one time of one For further information, interested hundred microcuries of iodine 125. persons are referred to the prehearing O rval G. H adley, A copy of the petition for rule making conference report and other material Manager, Land Office. is available for public inspection in the contained in the docket of this proceed­ [P.R. Doc. 66-12154; Piled, Nov. 8 , 1966; Commission’s Public Document Room at ing on file with the Docket Section of the 8:48 a.m.] 1717 H Street NW„ Washington, D.C. Civil Aeronautics Board. Dated at Washington, D.C., this 2d day Dated at Washington, D.C., Novem­ of November 1966. ber 4,1966. For the Atomic Energy Commission. DEPARTMENT OF HOUSING AND [seal] B arron F redricks, W. B. M cCool, Hearing Examiner. URBAN DEVELOPMENT Secretary. [F.R. Doc. 66-12160; Filed, Nov. 8 , 1966; 8:48 a.m.] Office of the Secretary [P.R. Doc. 66-12123; Piled, Nov. 8 , 1966; 8:45 a.m.] ACTING REGIONAL DIRECTOR OF ADMINISTRATION, REGION VI [Docket No. 17909; Order No. E-24361] [Docket No. PRM-30-27] SAN FRANCISCO) ESTABLISHMENT OF SERVICE RATES Designation PYROTRONICS, INC. FOR MAIL The officers appointed to the following Notice of Filing of Petition for Rule Order Instituting Investigation listed positions in Region VI (San Fran­ Making cisco) are hereby designated to serve as Adopted by the Civil Aeronautics Acting Regional Director of Administra­ Please take notice that Pyrotronics, Board at its office in Washington, D.C., tion, Region VT, during the absence of Inc., 2343 Morris Avenue, Union, N.J., by on the 4th day of November 1966. the Regional Director of Administration, letter dated October 21, 1966, has filed The President has signed into law with all the powers, functions, and duties with the Commission a petition for rule P.L. 89-725 which establishes a new class redelegated or assigned to the Regional making to amend the Commission’s reg­ of mail which is required to be moved Director of Administration, Region VI, ulation, “General Licenses for Certain by air. provided that no officer is authorized to Quantities of Byproduct Material and The new class of mail consists of first- sepe as Acting Regional Director of Ad­ Byproduct Material Contained in Cer­ class letter mail (including postal cards ministration unless all officers whose tain Items,” 10 CFR Part 31. and post cards), sound recorded com­ titles precede his in this designation are The amendments proposed by the peti­ munications having the character of per­ unable to act by reason of absence: tioner would amend Part 31 so as to issue sonal correspondence, and parcels of any 1. Chief, Budget and Management a general license for fire and smoke de­ class of mail not exceeding 5 pounds in Branch. tectors utilizing not more than 130 mi­ weight and 60 inches in length and girth 2. Chief, Accounting Branch. crocuries of americium 241 for producing combined, mailed at or addressed to an 3. Training and Personnel Officer. an ionized atmosphere within the detec­ Armed Forces Post Office. This class of This designation supersedes the desig­ tor bodies. The general license proposed mail is to be airlifted on a space-avail­ nation effective February 10, 1965 (30 by the petitioner would require testing of able basis between Armed Forces Post F.R. 3401, Mar. 13, 1965). the device, for possible leakage of ameri­ Offices established under 39 U.S.C. 705 (d) and. located outside of the 48 con­ (Delegation effective May 4, 1962, 27 P.R. cium 241, prior to installation of the de­ 4319; Department Interim Order II, 31 P.R. vice, but not thereafter. The proposed tiguous States of the United States, and 815, Jan. 21,1966) general license also wouid permit trans­ between any such Armed Forces Post fer of the installed devices to other gen­ Office and the point of embarkation or Effective as of the 19th day of Septem­ debarkation within the 50 States of the ber 1966. eral licensees. A copy of the petition for rule making United States, the territories and pos­ R obert B . P itts, sessions of the United States in the Pa­ Regional Administrator, Region VI. is available for public inspection in the cific area, the Commonwealth of Puerto [F.R. Doc. 66-12166; Piled, Nov. 8 , 1966; Commission’s Public Document Room at Rico, the Virgin Islands, and the Canal 8:49 a.m.] 1717 H Street NW., Washington, D.C. Zone. In addition, certain second-class

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14420 NOTICES publications mailed at or addressed to 408(b) of the Federal Aviation Act of 1958, ADO will not be integrated with the opera­ an Armed Forces Post Office in an over­ as amended (the Act), for the purchase of tions of any other subsidiary or affiliate of all the assets and business of Air Dispatch, Novo, and that the transaction will have no seas area designated as a combat area Inc. (ADI), a domestic air freight forwarder, adverse effect on the public or the air car­ by the President under 39 U.S.C. 4169, while it (Novo) also controls Fleet Transfer rier since the result should be an improved and parcels over 5 pounds but less than Corp. (Fleet), an interstate common carrier air freight forwarding operation. With spe­ 70 pounds and not exceeding 100 inches by truck.1 Fleet operates under a certificate cific reference to its common control of the in length and girth mailed at or ad­ of public convenience and necessity issued air freight forwarder and the interstate dressed .to overseas Armed Services Post by the Interstate Commerce Commission motor carrier, Novo submits that Fleet oper­ Offices where adequate surface trans­ (MC 41136) authorizing the transportation ates a specialized service involving the trans­ portation is not available are included in of trucks, buses and other automotive ve­ fer of fully assembled trucks and buses from hicles from designated points (e.g., Pontiac, manufacturer to dealer, requiring the use of the new class and are to be similarly Mich., Elmira, N.Y., and Nashville, Tenn.), specially designed tractor-trailer equipment; airlifted. Under the legislation the over irregular routes to unspecified places that such heavy equipment is not now or in Board is required to fix and determine in various states in the United States. the foreseeable future susceptible to air under section 406 of the Federal Aviation ADI operates air freight forwarder and transportation; that the two carriers operate Act of 1958 the rate of compensation to other related services within the United in completely different marketing areas, and be paid the air carriers for the carriage States pursuant to an authorization issued that approval of the relationships will not of this new class of mail. by the Board under Part 296 of the Economic result in creating a monopoly, restrain com­ It is expected that the airlifting of Regulations.2 petition or adversely affect any other air car­ The acquisition of ADI by Novo will be ac­ rier. With the exception of Fleet, Novo does P.L. 89-725 mail will begin immediately. complished by exchanging 25,000 shares of not control and is not directly or indirectly The Board is, therefore, today instituting Novo common stock and 30,000 shares of new affiliated with any other air carrier, common an investigation for the purpose of fixing class B preferred stock of Novo for the total carrier or person engaged in a phase of aero­ and determining the fair and reasonable issued and outstanding stock of ADI, nautics. rate of compensation to be paid by the am ounting to 4,725% shares.* Upon consum­ No comments on the application or re­ Postmaster General for the carriage of mation of this transaction Novo will immedi­ quests for a hearing have been received. mail subject to P.L. 89-725 on and after ately transfer all of the assets, good will and Notice of intent to dispose of the applica­ the date of this order. In some geo­ liabilities of ADI to a wholly owned subsidi­ tion without a hearing has been published in graphical areas existing mail rates are ary, Air Dispatch Operating Co., Inc. (ADO), the F ederal R egister and a copy of such which will continue with the same key per­ notice has been furnished by the Board to applicable to this class of mail, while in sonnel and in the same manner as ADI pres­ the Attorney General not later than one day other areas there-are no applicable rates.. ently operates.4 following such publication, both in accord­ Existing service mail rates are therefore The application states that interlocking ance with the requirements of section 408 reopened to the extent necessary to es­ relationships within the scope of section 409 (b) of the Act. tablish a rate for this class of mail.' of the Act will exist as a result of the holding Upon consideration of the foregoing, it is Pursuant to the Federal Aviation Act by three officers and directors of Novo of posi­ concluded that ADI is an air carrier, that of 1958 and particularly sections 204 and tions with ADO and Fleet, but that such rela­ Fleet is a common carrier, both within the 406 thereof, and P.L. 89-725, tionships fall within the exemption from sec­ meaning of section 408 of the Act, and that tion 409 provided by Part 287 of the Economic the common control of both companies by It is ordered, That: Regulations.® Novo is subject to that section. However, it 1. An investigation is hereby instituted In support of the application, Novo states has been further concluded that these re­ to fix and determine the fair and rea­ that the operations of ADO will be a con­ lationships do not affect the control of an sonable rates of compensation to be paid tinuation and expansion of the air freight air carrier directly engaged in the operation air carriers for the transportation of forwarding business conducted by ADI; that of aircraft in air transportation, do not re­ mail under P.L. 89-725 on and after the as a result of the reorganization, ADI’s suc­ sult in creating a monopoly and do not tend date of this order; cessor, ADO, will be in a sounder financial to restrain competition. Furthermore, no 2. All air carriers holding certificates condition and thus better able to develop its person disclosing a substantial interest in air freight business; ® that operations of this proceeding is currently requesting a of public convenience and necessity au­ hearing, and it is found that the public in­ thorizing the transportation of mail terest does not require a hearing. In this shall be made parties to this proceeding. 1Novo is a diversified manufacturing and services corporation with divisions and sub­ instance, it appears that the ICC certificate 3. This order shall be published in the sidiaries in the United States and Canada. issued to Fleet limits its commodity au­ F ederal R egister. Manufactured products include electrical ap­ thorization to truck and bus assemblies which are not, because of their size, weight, By the Civil Aeronautics Board. pliances, automotive parts, structural steel, air filtering equipment and truck bodies and special handling requirements and other [ sealI H arold R . S anderson, trailers. Services include the preparation factors, susceptible now or in the foresee­ Secretary. and delivery of buses and trucks and the able future, to air transportation. storage, inspection and shipment of film and Thus there is no apparent conflict of in­ [F.R. Doc. 66-12161; Filed, Nov. 8 , 1966; video tapes. terest between the air and surface operations 8:48 a.m.] 2 In Docket 7773, Order E-10571, Aug. 29, of the companies.7 1956, the Board approved the control of ADI However, should the certificate of Fleet be by 14 motor carriers or persons controlling amended to include commodities more read­ [Docket No. 17708] such carriers and by Bonded Film Storage, ily transportable by air, new issues would be NOVO INDUSTRIAL CORP. Inc., now a subsidiary of Novo. None of raised which could only be resolved upon the these persons owned more than 10 percent filing of a further application for approval by Notice of Proposed Approval of of ADI’s stock. the Board. In this posture it appears that 3 The new Class B stock is convertible into approval of the control relationships would Control Relationships common at a per share price of $20 to Decem­ not be inconsistent with the public interest, Notice is hereby given, pursuant to the ber 1, 1970; $25 thereafter to Dec. 1, 1973, and provided that such approval is made effective $30 thereafter to Dec. 1, 1976. Novo’s com­ only so long as the operations of motor vehi­ statutory requirements of section 408(b), mon stock was quoted on the American Ex­ cles by Fleet is limited to the commodities that the undersigned intends to issue the change as of Sept. 21, 1966, at $18 per share. described in ICC Certificate of Public Con­ attached order under delegated author­ At those prices the value of the Novo stock venience and Necessity No. MC 41136 in effect ity. Interested parties are hereby af­ would be $1,050,000. (25,000 x 18 plus 30,000 on the date of the application filed herein. forded a period of fifteen days from the x 2 0 ). Pursuant to authority duly delegated by date of service within which to file com­ 4 By application filed concurrently, ADO the Board in the Board’s regulations, 14 CFR ments or request a hearing with respect requests issuance of an air freight forwarder 385.13, it is found that the foregoing control to the action proposed in the order. authorization pursuant to Part 296 of the relationships should be approved under sec­ Economic Regulations. The operating au­ tion 408(b) of the Act, without a hearing.* Dated at Washington, D.C., November thorization of ADI will be surrendered for 4,1966. cancellation on approval of this request. 5 These officers are Walter E. Bronston, 7 Cf. Telstar Air Freight, Inc., Order E- [ seal] J. W. R osenthal, Chairman of the Board of Directors, Richard 22479, July 27, 1965. E. Garley, Vice President, Secretary and Gen­ 8 To the extent that such approval in­ Director, volves interlocking relationships within the Bureau of Operating Rights. eral Counsel, and James W. Armour, Jr., Vice President. scope of section 409 of the Act, such relation­ By application filed September 13, 1966, * Although ADI operated profitably in ships appear to fall within the exempt o Novo Industrial Corp. (Novo) requests ap­ 1965-66, its June 30, 1966, statem ent shows a from section 409 provided by Part 287 of tn proval, without hearing, pursuant to section negative stockholder equity of $371,478. Board’s Economic Regulations.

FEDERAL REGISTER, V O L 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14421

Accordingly , i t is ordered: 2. For flights occurring on or after No­ (FCC 66-526, released June 16, 1966) on 1. That the acquisition of control of ADI vember 26, a carrier certificated to a par­ issues to determine: (a) Areas and.popu­ by Novo while it also controls Fleet be and ticular foreign area will need no specific lations to be served; (b) whether B-CC it hereby is approved; exemption for charters to that area and is financially qualified; (c) whether 2. That the transfer of all the assets and business of ADI to ADO be and it hereby is none will be issued. WUST’s proposal will provide a realistic approved; 3. For flights occurring within 60 days local transmission facility for Bethesda 3. That the resulting common control by after November 26, the Board will enter­ or for another larger community and, if Novo of ADO and Fleet be and it hereby is tain exemption applications from a car­ the latter, whether WUST will meet all of approved; rier denied authority to the particular the technical provisions of the rules for 4. That such approval shall be effective foreign area in question by the aforemen­ that larger community; and (d) which only so long as the commodities transported tioned orders, provided the charter con­ of the proposals would better serve the by Fleet are confined to those described in tract was executed prior to the date of public interest. ICC Certificate of Public Convenience and Necessity No. MC 41136 in effect on Septem­ Service of the orders—i.e., September 30, 2. In our designation order, we also ber 13,1966, and; 1966. considered the application of § 73.25(a) 5. That to the extent not granted herein, 4. Applications for individual exemp­ (5) (ii)‘of the rules to WUST’s proposal the application in Docket 17708 be and it tions for flights occurring on and after to increase power. That section, which hereby is dismissed. November 26 will continue to be enter­ provides for the operation of daytime Persons entitled to petition the Board for tained from the three supplemental car­ only stations on 1120 kilocycles within review of this order pursuant to the Board’s riers whose applications for certificates the continental United States with the regulations (14 CFR 385.50) may file such petitions within 5 days after the date of serv­ in the “Supplemental Air Service Pro­ facilities authorized as of October 30, ice of this order. ceeding” are still pending, until final 1961, was adopted as part of the Clear This order shall be effective and become decisions on their applications are issued. Channel proceeding, 31 FCC 565, 21 the action of the Civil Aeronautics Board However, exemptions will be granted only RR 1801 (1961), to protect clear channel upon expiration of the above period unless on a first refusal basis in favor of those stations from additional interference. within such period a petition for review supplemental carriers that have certifi­ However, WUST’s proposal to increase thereof is filed, or the Board gives notice that cated authority in the particular area in power was filed prior to the conclusion it will review this order on its own motion. which the flight is to be operated. of the Clear Channel proceeding, and we By J. W. Rosenthal, 5. Transatlantic charter flights will waived § 73.25(a) (5) (ii) of the rules to Director, Bureau of not be authorized by individual exemp­ permit consideration of WUST’s proposal Operating Rights. tions after November 26. in this proceeding. At the same time, we [seal] H arold R . S anderson, By the Civil Aeronautics Board. refused to waive that rule with respect to Secretary. an additional WUST application to [ seal] H arold R . S anderson, change the location of that station from [F.R. Doc. 66-12162; Filed, Nov. 8 , 1966; 8:48 a.m.] Secretary. Bethesda to Washington^ D.C., and to [F.R. Doc. 66-12222; Filed, Nov. 8 , 1966; increase the power of WUST to 1,000 8:52 a.m.] watts, daytime only, which proposal had CHARTER FLIGHTS BY SUPPLEMENTAL been filed after the conclusion of the AIR CARRIERS Clear Channel proceeding, FCC 66-525, released June 15, 1966. Notice Concerning Board Policy With FEDERAL COMMUNICATIONS 3. WUST has now filed a petition for Respect to Future Authorization by reconsideration of the designation order, Exemption requesting grant of its application to in­ N ovember 4, 1966. COMMISSION crease the power of its station in Be­ It has been the Board’s practice to [Docket Nos. 16706-16708; FCC 66-944] thesda to 5,000 watts. WUST asserts grant to any supplemental air carrier an that this application could be granted individual exemption for a specific pas­ ATLANTIC BROADCASTING CO. except for the specification of Issue (c), senger charter in foreign air transporta­ (WUST) AND BETHESDA-CHEVY above, which is based upon our “Policy tion in areas where no supplemental CHASE BROADCASTERS, INC. Statement on Section 307(b) Considera­ carrier holds certificated charter author­ tions for Standard Broadcast Facilities ity. The principal showing required is Memorandum Opinion and Order Involving Suburban Communities,” 2 that the charter be in accordance with Enlarging Issues Conditionally FCC 2d 190, 6 RR 2d 1901 (1965). WUST the Board’s charter concept. At the states that its request for grant of this present time, the principal traffic under In re applications of Atlantic Broad­ application is based on the fact that the this procedure is to Canada, Mexico, casting Co. (WUST), Bethesda, Md., questions raised by Issue (c) are moot in Bermuda, the Bahamas, and the Carib­ Docket No. 16706, File No. BP-14357; light of the undisputed facts: (a) that bean area. for construction permit; Atlantic Broad­ WUST has been operated to serve the By Orders E-24237 and 24242, served casting Co. (WUST), Bethesda, Md., Negro population of Washington, D.C., September 30, 1966, certificates were is­ Docket No. 16707, File No. BR-1513; for and its environs, for more than 15 years, sued to 11 supplemental carriers au­ renewal of license; Bethesda-Chevy (b) that WUST provides a local trans­ thorizing them to engage in passenger Chase Broadcasters, Inc., Bethesda, Md., mission facility for that Negro popula­ Docket No. 16708, File No. BP-16319; for charters in foreign and overseas air tion rather than for Bethesda, and (c) construction permit. that the application shows on its face transportation, as delineated in each cer­ 1. This proceeding involves the mu­that it would not meet all of the technical tificate. This authority is to become ef­ tually exclusive applications of: (a) provisions of the rules for Washington, fective November 26,1966. On that date, Atlantic Broadcasting Co. (hereinafter D.C. Since there are no questions- of fact a major premise for the grant of indi­ WUST) for renewal of its license for to be resolved in the hearing with re­ vidual exemptions—i.e., the absence of standard broadcast Station WUST, spect to this application, WUST asserts Bethesda, Md., and for a construction certificated supplemental service—will that we should waive the 307(b) policy permit to increase the power of WUST statement or the technical requirements uo longer exist. Our intended procedure on 1120 kilocycles from 250 watts to 5,000 of our rules for a station assigned to in this changeover period will be de­ watts, with 1,000 watts during critical Washington so that its application to lineated herein, taking note, however, hours, daytime only, in Bethesda, Md.; increase power may be granted. of three supplemental carriers which and (b) Bethesda-Chevy Chase Broad­ 4. Both the Chief, Broadcast Bureau, have applications for certification still casters, Inc. (hereinafter B-CC), for a and B-CC oppose WUST’s petition, urg­ Pending ; construction permit for a new standard broadcast station to operate on 1120 ing that no reason has been shown for 1. Por flights commencing prior to No-kilocycles, 250 watts power, daytime only, waiver of the 307(b) policy statement vember 26, the Board’s existing practice iii Bethesda, Md. These applications or of our regulations and that there is no will continue. were designated for hearing by our order basis for grant of WUST’s application to

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14422 NOTICES increase power without a hearing.1 In 6. Because of our general policy favor­ 8. For the reasons set forth in para­ reply to those oppositions to its petition, ing waiver of § 73.25(a) (5) (ii) for ap­ graphs 6 and 7, supra, we shall accord WUST notes that our designation Order plications filed in compliance with our WUST an opportunity to retender its states that WUST is operated to serve rules and prior to the conclusion of the 1,000 watt proposal for Washington as the Washington Negro population and Clear Channel proceeding, we have in­ an amendment to its present application that it is fully qualified to receive a grant dicated that WUST could operate with to increase power, or, in the alternative, of its renewal application. WUST ar­ 5.000 watts without prejudicing future to continue the prosecution of its 5,000 gues that, if it is fully qualified to serve consideratioff of the use of clear channel watt proposal for Bethesda. However, the Washington Negro population with frequencies. WUST contends, without if WUST submits such an amendment, 250 watts notwithstanding the 307(b) dispute, that all of the service contours in order not to prejudice the rights of policy statement, no hearing is neces­ of its 1,000 watt proposal in Washing­ any interested party, we shall require sary to prove that it is qualified to serve ton would be within the similar contours WUST to comply with the local notice that same population with 5,000 watts. of its 5,000 watt proposal for Bethesda provisions of section 1.580 of the rules, WUST concludes that there are no is­ and that the 1,000 watt proposal would and we shall permit new applications, sues of fact to be tried and that grant of meet all of the technical requirements conforming to WUST’s proposed opera­ its application to increase power would for a station assigned to Washington. tion, to be filed for a period of 30 days. serve the public interest. Thus, from an engineering point of view, In the event that WUST elects to prose­ 5. Although WUST has made certainthe 1,000 watt proposal would certainly cute its 1,000 watt proposal for Washing­ assertions concerning its present pro­ not create any more interference than ton rather than its present 5,000 watt graming policies, we are not persuaded the 5,000 watt proposal. Contrarily, proposal for Bethesda, we hereby that those assertions, alone, are suffi­ there would be less impact upon the apprise it that any properly filed cient to establish that the public interest, future use of the clear channel frequency application for the same facilities convenience,- and necessity would be from the 1,000 watt proposal than from will be consolidated and given com­ served by permitting WUST to increase the 5,000 watt proposal. Since we have parative consideration in this hear­ its power to 5,000 watts in Bethesda. concluded that the impact of WUST’s ing with WUST’s Washington pro­ Under the circumstances of this proceed­ 5.000 watt proposal would be tolerable, posal.* Under the circumstances of this ing, we are convinced that it would be and since the fundamental purpose of proceeding, we are also persuaded that inappropriate for us to grant WUST’s § 73.25(a) (5) (ii) is to protect the clear good cause has been shown for a waiver application to increase its power without channel frequencies from further deg­ of § 1.522(b) of the rules, if WUST re­ a hearing. Accordingly, WUST’s peti­ radation, we have concluded that con­ tenders its Washington proposal, and we tion for reconsideration and grant will be sideration of WUST’s 1,000 watt proposal shall direct the presiding examiner to denied. Notwithstanding this conclu­ would not subvert our policy with respect accept such an amendment by WUST, sion, WUST’s petition has led us to re­ to the protection of the clear channel conforming with our procedures and reg­ consider the circumstances underlying f T*PnnfkTTPTPC: ® ulations and consistent with this this proceeding. As noted above, we 7. Although WUST’s 1,000 watt pro­ memorandum opinion and order. waived § 73.25(a) (5) (ii) of the rules so posal for Washington may be considered 9. We note that the issues specified in that WUST’s application to increase without impairment of our Clear Chan­ this proceeding do not provide for a power could be considered, and possibly nel policies, such a proposal to change 307(b) comparison of the applicants. granted, in this proceeding, because it station location is a major change, gen­ Without precluding the parties from had been filed before the conclusion of erally requiring the assignment of a new seeking such further issues as they may the Clear Channel proceeding and be­ file number pursuant to § 1.571 (j) (1) of deem appropriate, we are convinced that cause it was in compliance with our rules the rules. However, as noted above, it would be essential, in the event that when it was filed. Although WUST’s WUST’s 1,000 watt proposal would create WUST amends its application, to deter­ proposal to operate in Washington with less interference and have less impact mine in the light of section 307(b) 1,000 watts was filed after the conclusion upon the frequency than would its 5,000 whether WUST’s proposal for Washing­ of the Clear Channel proceeding, WUST watt proposal, and WUST’s programing ton or WUST’s renewal application and requested, by its letter dated June 17, is presently, and for a number of years B-CC’s application for a construction 1965, that its Washington proposal be has been, designed to serve the needs of permit in Bethesda would better provide accepted as an amendment of its pend­ Washington’s Negro population. Since a fair, efficient, and equitable distribu­ ing proposal to increase power in WUST’s Washington proposal would not tion of radio service. While we have Bethesda. After further consideration, create any new interference problems, waived § 73.25(a) (5) (ii) of the rules, we are now persuaded that WUST would not require any change in WUST’s WUST must still establish during the should be permitted to prosecute its pro­ programing policies and would permit course of this hearing whether an im­ posal for Washington, if it desires to do WUST to seek a license in conformity provement of its existing facilities would so. with its stated intention to serve as a serve the public interest. Finally, we local transmission service for the Wash­ shall also add a contingent comparative * On July 28, 1966, B-CC also filed a m otion ington Negro population, we are per­ issue to be resolved if 307(b) considera- to dismiss WUST’s applications for an in­ suaded that good cause has been shown sions are found not to be determinative crease in power and for renewal of its license, for waiver of § 1.571 (j)(l). Cf. Central in this proceeding. which is opposed by both the Chief, Broad­ Du Page County Broadcasting Co., 2 FCC 10. Accordingly, it is ordered, This 2d cast Bureau, and WUST. This motion should 2d 423, 7 RR 2d 136 (1966) * City of New day of November 1966: have been directed to the presiding examiner York Municipal Broadcasting System in this proceeding. See Fidelity Radio, Inc., (1) That the motion to dismiss appli­ 1 FCC 2d 661, 6 RR 2d 140 (1965). However, (WNYC), 1 FCC 2d 1370, 6 RR 2d 455 cations, filed July 28, 1966, by Bethesda- because B-CC’s motion is related to other (1965); and Hubbard Broadcasting, Inc., Chevy Chase Broadcasters, Inc., is dis­ pleadings pending before the Commission, FCC 64-513, released June 8, 1964, 2 RR missed as moot; we shall consider it. B-CC’s motion is 2d 569 (1964). (2) That the petition for reconsidera­ founded upon WUST’s tender on July 21, tion and grant filed July 26,1966, by At­ 1966, of an application for a construction lantic Broadcasting Co. (WUST), is permit for a new standard broadcast station * We wish to emphasize, however, that, in in Washington, D.C., which proposal is mu­ the absence of the special circumstances of denied; tually exclusive with the application for re­ this proceeding where WUST had filed an newal of the license of Station WOL, Wash­ application in compliance with our rules 8 If WUST amends its application to specify ington. At the time B-CC’s motion was prior to the conclusion of the Clear Channel 1,000 watt operation in Washington and if filed, WUST’s application had not been proceeding, we shall continue to adhere to thereafter any additional applications are accepted for filing and it has since been our basic policy that proposals for new day­ properly filed for a station in Washington, a returned to WUST by our order (FCC 66-894, time only stations or increases in the facili­ further order of the Commission will be re­ released Oct. 7, 1966). Under these circum­ ties of daytime stations on clear channel quired to consolidate such new applications stances, B-CC’s motion was premature when frequencies will not be considered. See KXA, with those now in hearing status. The it was filed and, since the application in ques­ Inc., FCC 65-440, released May 21, 1965, 5 RR hearing issues, as modified by the subject tion has been returned, B-CC’s motion may 2d 338; reconsideration denied, FCC 66-840, memorandum opinion and order, would be be dismissed as moot. released Sept. 28,1966. further modified by such susequent order.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14423

(3) That Atlantic Broadcasting Co. trading as Ascension Parish Broadcast­ Docket No. 16669, File No. BPH-5145; (WUST) is granted 30 days from the ing Co., Donaldsonville, La., Docket No. North Central Video, Inc., Rochester, release date of this memorandum opinion 16827, File No. BP-17035; for construc­ Minn., Docket No. 16670, File No. BPH- and order to retender its 1,000 watt pro­ tion permits. - 5192; for construction permits. posal for Washington, D.C., as an amend­ The Hearing Examiner having for con­ It appearing, that the applicants desire ment to its present application (BP- sideration the informal request of Ascen­ postponement until November 10, 1966, 14357) to increase power to 5,000 watts sion Parish Broadcasting Co. for a con­ of the further prehearing conference in Bethesda, Md.; tinuance of the procedural dates herein, heretofore scheduled for November 4, (4) That, if such an amendment is all other parties having consented to a 1966, because additional time is required tendered, which conforms with our pro­ grant of the requested relief; for preparation of an amendment by one cedures and regulations and which is It is ordered, This 2d day of November of the applicants proposing utilization of consistent with this memorandum opin­ 1966, that the presently established pro­ the newly assigned FM channel in ion and order, §§ 1.522(b), 1.571(j)(l), cedural dates are continued as follows: Rochester, Minn. and 73.25(a) (5) (ii) of the rules are Exchange of exhibits, November 7, It appearing, that counsel for all hereby waived, and the presiding exam­ 1966. parties have informally agreed to the iner is directed to accept it as an amend­ Notification of witnesses, November 10, brief postponement and that the Exam­ ment of Atlantic Broadcasting Co.’s 1966. iner made provision for this contingency presently pending application (BP- Hearing, November 17,1966, at 10 a.m. at the prehearing conference held on 14357) to increase the power of Station Released: November 3,1966. October 18,1966; WUST to 5,000 watts in Bethesda, Md.; Accordingly, it is ordered, on the (5) That, if such an amendment is F ederal Communications Co m m issio n , Hearing Examiner’s own motion, this 2U tendered and accepted, the following is­ day of November 1966, that the further sues are to be substituted in lieu of Is­ [ seal] B en F . W aple, Secretary. prehearing conference heretofore sched­ sues (4), (5), and (6) in the designation uled for November 4, 1966, is postponed order: [F.R. Doc. 66-12177; Filed, Nov. 8, 1966; to November 10, 1966, at 9 a.m„ in the (4) To determine whether, in the light 8:50 a.m.] of section 307(b) of the Communica­ offices of the Commission, Washington, tions Act, the application of Atlantic D.C. Broadcasting Co. (WUST) for Washing­ [Docket No. 16792; FCC 66M-1490] Released: November 2, 1966. ton, D.C., or one of the applications (i.e., CITY OF CAMDEN AND L & P F ederal Communications the application for new construction per­ BROADCASTING CORP. mit of Bethesda-Chevy Chase Broad­ Co m m issio n , casters, Inc., and the application for Order Regarding Procedural Dates [ seal] B en F . W aple, renewal of license of Atlantic Broadcast­ Secretary. In re application of City of Camden ing Co. (WUST)) for Bethesda, Md., (Assignor) and L & P Broadcasting Corp. [F.R. Doc. 66-12179; Filed, Nov. 8, 1966 would better provide a fair, efficient, and 8:50 a.m.] equitable distribution of radio service. (Assignee), Docket No. 16792, File No. BAL-5702; for assignment of license of (5) To determine, in the event that Station WCAM, Camden, N.J. it is concluded that a choice between the [Docket No. 16043; FCC 66M-1492] applications should not be based solely It is ordered, This 1st day of November upon considerations relating to section 1966, pursuant to the agreements reached SPORTS NETWORK, INC., AND AMER­ 307(b), which of the proposals would, at the prehearing conference held this ICAN TELEPHONE & TELEGRAPH CO. on a comparative basis, better serve the date: public interest. (1) That the direct affirmative cases Order Continuing Hearing (6) That, if such an amendment is of the parties, if any, shall be presented tendered and accepted, a period of 30 in the form of written sworn exhibits. Sports Network, Inc., New York, N.Y., days, following public notice of such ac­ (2) That all exhibits to be offered into Complainant versus American Telephone ceptance, is allowed for the filing of new evidence in the affirmative presentations & Telegraph Co., New York, N.Y., De­ applications for construction permits for shall be exchanged among the parties fendant, Docket No. 16043. new daytime only standard broadcast and copies thereof supplied the hearing By letter to the Hearing Examiner stations to operate on 1120 kilocycles with examiner on November 30, 1966. dated and received October 24, 1966, 1,000 watts of power in Washington, D.C. (3) That notification of witnesses to counsel for Sports Network asks that the be called for cross-examination shall be hearing be rescheduled from December 5 Released: November 4, 1966. given on or before December 8,1966. “to a date early in January 1967” because F ederal Communications (4) That hearing herein is scheduled of conflict with another case which had Co m m issio n ,8 to commence on December 13, 1966, at previously been scheduled by another [seal] B en F . W aple, 10 a.m., in the offices of the Commission Hearing Examiner for December 5. Secretary. at Washington, D.C. Copies of the letter were sent to other counsel. [F.R. Doc. 66-12176; Filed, Nov. 8, 1966; Released: November 2, 1966. 8:50 a.m.] Treating the letter as the properly F ederal Communications served motion which should, in the cir­ Co m m issio n , cumstances, have been filed, and as no [Docket Nos. 16826,16827; FCC 66M-1491] [ seal] B en F . W aple, oppositions have been received, the re­ BRANCH ASSOCIATES, INC., AND Secretary. quest will be granted. ASCENSION PARISH BROADCAST­ [F.R. Doc. 66-12178; Filed, Nov. 8, 1966; Accordingly, it is ordered, This 3d day ING CO. 8:50 ajn.] of November 1966, that hearing is re­ scheduled from December 5 to January 3, Order Regarding Procedural Dates [Docket Nos. 16669, 16670; FOC 66M-1489] 1967. The other scheduled procedural dates remain in force. In re applications of Branch Asso­ OLMSTEAD COUNTY BROADCASTING ciates, Inc., Houma, La., Docket No. CO. AND NORTH CENTRAL VIDEO, Released; November 4, 1966. 16826, File No. BP-16701; R. E. Hook, INC. F ederal Communications Co m m issio n , 8 Commissioner Bartley concurring in part Order Postponing Further Prehearing [ seal] B en F . W aple, aQd dissenting in part, filed as part of the Conference original document, in which Commissioner Secretary. Cox Joins; Commissioner Wadsworth absent In re applications of Olmstead County [F.R. Doc. 66-12180; Filed, Nov. 8, 1966; and Commissioner Johnson not participating. Broadcasting Co., Rochester, Minn., 8:50 a.m.]

FEDERAL REGISTER, V O L 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 No. 218—Pt. I----- 7 14424 NOTICES The Commission has before it the Pre­ cant), 445 West Main Street, Clarksburg, FEDERAL MARITIME COMMISSION siding Examiner’s decision of August 8, W. Va. 26301, filed in Docket No. CP67- 1966; the briefs on exceptions, the replies 108 an application pursuant to section [Independent Ocean Freight Forwarder to exceptions and the request for oral ar­ 7(c) of the Natural Gas Act for a certifi­ License 1037] gument filed by the various parties in cate of public convenience and necessity MANACO INTERNATIONAL these proceedings. authorizing the sale of natural gas in FORWARDERS Take notice that an oral argument in interstate commerce, all as more fully the above-captioned proceedings will be set forth in the application which is on Notice is hereby given that Melvyn heard by the Commission en banc com­ file with the Commission and open to Paul Cohen doing business as Monaco mencing at 10 a.m., e.s.t., December 5, public inspection. International Forwarders, 9 Clinton 1966, in a hearing room of the Federal Specifically, Applicant seeks authori­ Street, Newark, N.J. 07102, has complied Power Commission, 441 G Street NW., zation for the sale to Texas Gas Trans­ with the Commission’s order to show Washington, D.C. mission Corp. (Texas Gas) of its interest cause dated October 18, I960, and pub­ All parties desiring to participate in in the natural gas to be produced from lished in the F ederal R egister (31 F.R. such oral argument shall notify the Sec­ Block 40 Field, Ship Shoal Area, Terre­ 13682), by filing an effective surety bond retary of the Commission in writing on bonne Parish, La., pursuant to the terms with the Commission. or before November 16, 1966, of the of a contract dated August 15, 1966, be­ J ohn F. G il so n , amount of time desired for presentation tween Applicant and Warren American Deputy Director, of their respective arguments. Oil Co. as “seller” and Texas Gas as Bureau of Domestic Regulation. “buyer.” The application states that the By direction of the Commission. proposed sale will be made at a price [F.R. Doc. 66-12188; Filed, Nov. 8, 1966; G ordon M . G rant, of 21.25 cents per Mcf measured at 15.025 8:51 a.m.] Acting Secretary. psia, including taxes. Initial deliveries [F.R. Doc. 66-12144; Filed, Nov. 8, 1966; are estimated to approximate 90,300 Mcf 8:47 a.m.] per month; Applicant’s share is 50 per­ cent of the total deliveries. FEDERAL POWER COMMISSION Protests or petitions to intervene may [Docket No. RP67-4, etc.] [Docket No. CP65—102, etc.] be filed with the Federal Power Commis­ AMERICAN GAS COMPANY OF sion, Washington, D.C. 20426, in accord­ COLUMBIA GULF TRANSMISSION CO., ance with the rules of practice and pro­ WISCONSIN, INC., ET AL. ET AL. cedure (18 CFR 1.8 or 1.10) and the Notice of Settlement and Rate Filing Notice Fixing Oral Argument regulations under the Natural Gas Act (157.10) on or before November 28,1966. N ovember 1,1966. O ctober 31, 1966. Take further notice that, pursuant to American Gas Company of Wisconsin, Columbia Gulf Transmission Co., the authority contained in and subject Inc., Docket No. RP67-4; Great Plains Docket No. CP65-102; Atlantic Seaboard to the jurisdiction conferred upon the Natural Gas Co., Docket No. RP67-6; Corp., Docket No. CP65-122; Transconti­ Federal Power Commission by sections 7 Midwest Natural Gas, Inc., Docket No. nental Gas Pipe Line Corp., Docket No. and 15 of the Natural Gas Act and the RP67-7. CP65-181 (Phase I ) ; Transcontinental Commission’s rules of practice and pro­ Take notice that on October 26, 1966, Gas Pipe Line Corp., United Natural Gas cedure, a hearing will be held without Northern Natural Gas Co. (Northern) Co., and North Penn Gas Co., Docket No. further notice before the Commission on tendered a settlement, compromise, and CP65-182; United Fuel Gas Co., Docket this application if no protest or petition agreement executed by the above parties No. CP65-198. to intervene is filed within the time in Docket Nos. RP67-4, RP67-6, and The Commission has before it the Pre­ required herein, if the Commission on RP67-7. The tender provides that the siding Examiner’s decision of June 13, its own review of the matter finds that first year contract demands of American, 1966, in Columbia Gulf Transmission Co., a grant of the certificate is required by Great Plains, and Midwest shall become et al., Docket No. CP65-102, et al., and the public convenience and necessity. If operative as of January 27, 1967, rather his decision of September 28, 1966, in a protest or petition for leave to inter­ than October 27, 1966, as provided by Docket Nos. CP65-122 and CP65-181 vene is timely filed, or if the Commis­ Opinion No. 491, issued on May 25, 1966, (both of which dockets are consolidated sion on its own motion believes that a in Docket No. CP65-196. It is also pro­ in the Docket No. CP65-102, et al. pro­ formal hearing is required, further vided that all gas delivered to the afore­ ceeding") . notice of such hearing will be duly given. mentioned customers shall be billed at Take notice that an oral argument in Under the procedure herein provided 25.21 cents per Mcf until the aforemen­ the above proceedings will be heard by for, unless otherwise advised, it will be tioned contract demands become effec­ the Commission en banc commencing at unnecessary for Applicant to appear or tive on January 27, 1967. The settle­ 10 a.m., December 2, 1966, in a hearing be represented at the hearing. ment agreement is filed as a limited term room of the Federal Power Commission, J oseph H. G utride, special rate schedule to be included in 441 G Street NW., Washington, D.C. Secretary. Northern’s FPC Gas Tariff. All parties desiring to participate in Comments with respect to the fore­ such oral argument shall notify the Sec­ [F.R. Doc. 66-12146; Filed, Nov. 8, 1966; going may be filed with the Commission retary of the Commission in writing on 8:47 a.m.] on or before November 18, 1966. or before November 14, 1966, of the amount of time desired for presentation J oseph H. G htride, [Docket No. RI63-63, etc.] Secretary. of their respective arguments. H. M. GILLESPIE, ET AL. [F.R. Doc. 66-12143; Filed, Nov. 8, 1966; By direction of the Commission. 8:47 a.m.] G ordon M. G rant, Order Accepting Notices of Change in Acting Secretary. Rate, and Terminating Proceedings

[Docket No. CP65-402, etc.] [F.R. Doc. 66-12145; Filed, Nov. 8, 1966; O ctober 31,1966. . 8:47 a.m.] H. M. Gillespie, et al., Docket No. RI63- CITY OF HAMILTON, OHIO, ET AL. [Docket No. CP67-108] 63, RI67-95; H. M. Gillespie, Docket No. Notice Fixing Oral Argument RI64-159, RI67-94; Edwin L. Cox, Docket CONSOLIDATED GAS SUPPLY CORP. No, RI67-96; Salmon Corp., Docket No. O ctober 31, 1966. Notice of Application RI64-308. City of Hamilton, Ohio, Docket No. N ovember 1, 1966. The above-named parties have filed CP65-402 ; Texas Gas Transmission notices of change in rate for a sale of Corp., Docket No. CP66-13; The Ohio Take notice that on October 21, 1966, Fuel Gas Co., Docket No. CP66-207. Consolidated Gas Supply Corp. (Appli­ natural gas to Cities Service Gas Co.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14425 (Cities) in the Kansas Hugoton Field.1 (B) The proceedings in Docket Nos.unnecessary for Applicant to appear or The sale is made pursuant to the terms RI63-63, RI64-159, and RI64-308 are be represented at the hearing. and conditions of Pan American Petro­ severed from the area rate proceeding, G ordon M . G rant, leum Corp.’s FPC Gas Rate Schedule No. Docket No. AR64-1, and terminated, and Acting Secretary. 84 because each of the parties have ex­ the proceedings in Docket Nos. RI67-94, ecuted contracts adopting such terms RI67-95, and RI67-96 are terminated. [F.R. Doc. 66-12148; Filed, Nov. 8, 1966; 8:47 a.m.] and conditions. By the Commission.* On April 13, 1966, we issued an order in Pan American Petroleum Corp., Dock­ [ seal] G ordon M . G rant, et Nos. G-9279, et al., approving a com­ Acting Secretary. [Docket No. RI63-9, etc.] panywide settlement proposal filed by [F.R. Doc. 66-12147; Filed, Nov. 8, 1966; NORTHERN PUMP CO., ET AL. Pan American, which, inter alia, in­ 8:47 a.m.J cluded a settlement rate of 12.5 cents per Order Conditionally Accepting Offers Mcf of natural gas at 14.65 p.si.a. for the of Settlement, Accepting Notices sale by Pan American under its FPC Gas [Docket No. CP67-111] of Change in Rate, Requiring Re­ Rate Schedule No. 84. Pan American funds, Severing and Terminating also proposed to amend its contract with LONE STAR GAS CO. Proceedings Cities to eliminate the price redetermina­ tion provision therefrom for 25 years Notice of Application O ctober 31, 1966. On July 18, 1966, W. E. Bakke Oil Co. and to provide for a definite price escala­ O ctober 31, 1966. (Operator), et al. (Bakke), filed an offer tion of 1 cent per Mcf every 5 years Take notice that on October 25, 1966, commencing June 23,1971. of settlement in Docket No. RI64-574 Lone Star Gas Co. (Applicant) ,301 South pursuant to § 1.18(e) of the Commis­ Each of the parties here seeks the same Harwood Street, Dallas, Tex. 75201, filed settlement terms as we approved for Pan sion’s rules of practice and procedure, in Docket No. CP67-111 a “budget-type” and on August 9, 1966, each of the other American’s sale to Cities. Each has filed application pursuant to section 7(c) of for a 12.5 cents rate and has tendered an Respondents to these proceedings filed the Natural Gas Act and § 157.7(c) of the identical offers of settlement of a sale executed amendatory agreement which regulations under the Act for a certificate conforms its contract to the provisions of natural gas made by them to Cities of public convenience and necessity au­ Service Gas Co. (Cities) in the Kansas of the Pan American settlement. thorizing the construction during the H. M. Gillespie previously filed for in­ Hugoton Field under each of their FPC calendar year 1967 and operation of cer­ Gas Rate Schedules. creased rates of 14.5 cents per Mcf of tain gas gathering facilities, all as more natural gas which were suspended by or­ Respondents1 in some cases here are fully set forth in the application which is assignees under farmout agreements with ders of the Commission in Docket Nos. on file with the Commission and open to RI63-63 and RI64-159. Gillespie did not Pan American Petroleum Corp. (Pan public inspection. Am), which specifically provide that the file a motion in accordance with section Specifically, Applicant seeks authoriza­ 4 of the Natural Gas Act to place the assignments are subject to the provi­ tion to construct and operate various sions of the Pan Am-Cities contract (Pan suspended increased rates in effect. lateral pipëlines and related facilities as Salmon also filed for an increased rate Am’s FPC Gas Rate Schedule No. 84). of 14.5 cents per Mcf, which was sus­ additions to and extensions of existing In the other cases Respondents have in­ jurisdictional facilities to enable Appli­ terests covered by separate contracts pended in Docket No. RI64-308, but has cant to take into its system natural gas never been made effective. Conse­ adopting the terms and conditions of from new reserves discovered in the prox­ the Pan Am-Cities contract. All of the quently, acceptance of the subject filings imity of its existing pipeline system. makes termination of those proceedings Respondents and Pan Am thus were sell­ proper. The total cost of such construction will ing gas to Cities under the same contract not exceed $1 million and the cost of no For the reasons set forth in an order prior to the Pan Am settlement. one project will exceed $250,000. ' On April 13, 1966, we issued an order issued October 31, 1966, in Northern Protests or petitions to intervene may Pump Co. (Operator), et al., Docket Nos. approving a rate settlement proposal be filed with the Federal Power Commis­ filed by Pan Am which, inter alia, in­ RI63-9, et al., we think it appropriate to sion, Washington, D.C. 20426, in accord­ accept the notices of change filed herein. cluded a proposed increased rate reduc­ ance with the rules of practice and pro­ tion from the then presently effective Our action should not be construed as cedure (18 CFR 1.8 or 1.10) and the constituting approval of any future rate rate, being collected subject to refund, regulations under the Natural Gas Act of 14.5 cents per Mcf of natural gas at increases, if any, that may be filed under (157.10) on or before November 28,1966. the subject rate schedules in accordance 14.65 psia to 12.5 cents per Mcf for sales Take further notice that, pursuant to by Pan Am under its FPC Gas Rate with any reservation contained therein the authority contained in and subject to of the right to file increases under the Schedule No. 84. Additionally, Pan Am the jurisdiction conferred upon the Fed­ proposed to renegotiate its contract with subject rate schedules, and is without eral Power Commission by sections 7 and Cities eliminating the price redetermina­ prejudice to any findings or orders of the 15 of the Natural Gas Act and the Com­ tion clause therefrom for 25 years and Commission in any future rate proceed­ mission’s rules of practice and procedure, providing instead for a definite price ings, including area rate proceedings, or a hearing will be held without further escalation of 1 cent per Mcf every 5 years similar proceedings, involving each of notice before the Commission on this commencing June 23,1971. Each of the the parties’ rates and rate schedules. application if no protest or petition to Respondents herein propose the same The Commission orders: intervene is filed within the time re­ terms for its interest in the subject sale, (A) The notices of change in rate andquired herein, if the Commission on its and each has filed an executed contract contract amendments filed by the above- own review of the matter finds that a amendment containing the same pricing named parties to 12.5 cents per Mcf of grant of the certificate is required by the provisions contained in the Pan Am- natural gas at 14.65 p.si.a. for the subject public convenience and necessity. If a Cities renegotiation. sale to Cities are accepted and made protest or petition for leave to intervene Since the farmouts and additional effective as of the date of issuance of this is timely filed, or if the Commission on order. dedications of Respondents cover only its own motion believes that a formal shallow depths, they do not propose to aH. M. Gillespie, FPC Gas Rate Schedule hearing is required, further notice of dedicate deeper horizons as Pan Am did No. 9 , Supplement Nos. 2 and 3. H. M. Gilles­ such hearing will be duly given. pie, et al., FPC Gas Rate Schedule No. 2, Sup­ Under the procedure herein provided plement Nos. 4 and 5. Edwin L. Cox, FPC Gas for, unless otherwise advised, it will be 1 Respondents are Northern Pump Co. (Op­ Rate Schedule No. 2, Supplement Nos. 3 and erator) et al., Docket No. RI63-9; John B. 4. Salmon Corp., FPC Gas Rate Schedule No. Hawley, Jr., Docket No. RI63-10; John B. * Commissioner Ross dissenting for the rea­ Hawley, Jr., trustee, Docket No. RI63-11; l, Supplement Nos. 7 and 8. The filings by sons set forth in his statement accompanying Gillespie and Cox were suspended by order Northern Pump Co., Docket No. RI63-12; the order in Docket Nos. RI63-9, e t al., North­ G. S. and Norma D. Davidson, Docket No. issued Oct. 14, 1966, in Docket Nos. RI67-94, ern Pump Co. (Operator), et al., issued Oct. RI67-95, and RI67—96 pending action herein. RI63—13; and W. E. Bakke Oil Co. (Operator) 31, 1966. et al., Docket No. RI64-574.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14426 NOTICES in its settlement. Pan Am’s company­ The Commission orders: trust company in the exercise of its sound wide moratorium also would not be ap­ (A) The offers of settlement, filed with discretion may select. plicable, but the contract amendments the Commission by Respondents on July (3) Such bank or trust company shall proposed by Respondent would, in effect, 18 and August 9, 1966, are approved in be liable only for such interest as the constitute a moratorium for the subject accordance with the provisions of this invested funds described in paragraph sales. order. (2) above will earn and no other interest Each of the Respondents proposes to (B) The notices of change in rate, re­ may be collected from it. refund all monies collected subject to re­ ducing the presently effective rate, being (4) Such bank or trust company shall fund above the settlement rates. The collected subject to refund, from 14.5 be entitled to such compensation as is amount of monies to be refunded is ap­ cents to 12.5 cents per Mcf of natural gas fair, reasonable and customary for its proximately $161,000, plus applicable in­ at 14.65 p.s.i.a. as designated in the Ap­ services as such, which compensation , terest. pendix are accepted for filing and made shall be paid out of the escrow account The Respondents, other than Bakke, effective as of the date of issuance of this to such bank or trust company. Said propose that the settlement rate of 12.5 order. bank or trust company shall likewise be cents per Mcf be made effective as of (C) Respondents shall compute the entitled to reimbursement for its reason­ June 23, 1966, and that the refunds be difference between the rates collected able expenses necessarily incurred in the computed accordingly. However, we find subject to refund and the settlement rate administration of this escrow account, no good cause to grant their request, and of 12.5 cents per Mcf of natural gas at which reimbursement shall be paid out shall condition our approval of the set­ 14.65 p.s.i.a. with applicable interest to of the escrow account. tlement proposals to require refunds to the date of this order, and shall within (5) Such bank or trust company shall be computed to the date of issuance of 45 days from the date of issuance of this report to the Secretary quarterly, certify­ this order. order submit a report to the Commis­ ing the amount deposited in the bank or We do not generally permit a producer sion, with a copy to Cities, setting out the trust company for the quarterly period. to settle only one of its rate proceedings.2 amount of refunds (showing separately (F) If any Respondent elects to com­ However, as indicated above, all of the the principal and applicable interest) mingle the retained refunds with its gen­ Respondents here sell gas to Cities under the bases used for such determination, eral assets and use them for business the same terms and conditions. All of the period covered, and ten days there­ purposes, it shall notify the Secretary of them are small producers.® For the three after each shall submit to the Commis­ the Commission of its intention so to do Respondents which have only one rate sion a copy of a letter from Cities agree­ within 60 days of the issuance of this schedule on file, their offers also consti­ ing to the correctness of such amounts. order, and shall pay interest on such tute a companywide settlement. It is (D) Respondents shall retain the monies at the rate of 6 percent per an­ also clear that at least for the future Re­ amounts shown in the report required num from the date of issuance of this spondents could obtain the advantages under paragraph (C) above, subject to order to the date on which they are paid of the Pan American settlement by hav­ further action of the Commission direct­ over to the person or persons ultimately ing their interests covered under Pan ing the disposition of those amounts. determined to be entitled thereto by final Am’s rate schedule. In view of these (E) Each Respondent may deposit the action of the Commission. special circumstances, we think it ap­ retained refunds in a special escrow ac­ (G) Upon notification by the Secre­ propriate to accord Respondents the same count, and shall tender for filing within tary of the Commission that a Respond­ settlement terms approved for Pan Am’s 60 days of the date of issuance of this ent has complied with the terms and sale to Cities. order an executed Escrow Agreement, conditions of this order, the proceedings We believe that the settlement pro­ conditioned as set out below, accompa­ in its proceedings involved herein shall posals are in the public interest and shall nied by a certificate showing service of terminate and shall be severed from the approve the same. However, we desire to a copy thereof upon Cities. area rate proceeding, Docket No. AR64-1, make it clear that acceptance of Re­ Unless notified to the contrary by the all without further order of the Com­ spondents’ offers of settlement shall not Secretary within 30 days from the date mission. be construed as approval of any future of filing thereof, each escrow agreement (H) The acceptance by the Commis­ increased rate that may be filed by Re­ shall be deemed to be satisfactory and to sion of Respondents’ offers of settlement, spondents under the subject rate sched­ have been accepted for filing. The es­ is without prejudice to any findings or ules and is without prejudice to any crow agreement shall be entered into determinations that may be made in any findings or order of the Commission in between each Respondent and any bank proceeding now pending, or hereafter any future proceeding involving Re­ or trust company used as a depository of instituted by or against each Respondent spondents’ rates and rate schedules. funds of the U.S. Government and the and is without prejudice to claims or con­ Additionally, for all of the reasons set agreement shall be conditioned as fol­ tentions which may be made by each forth in Humble Oil & Refining Co., lows: Respondent, the Commission staff, or any (1) Each Respondent, the bank or Docket Nos. G-9287, et al., 32 FPC 49, affected party hereto, in any proceed­ we shall require Respondents to deposit trust company, and the successors and the refund monies in a special escrow assigns of each, shall be held and for­ ings. account or to commingle the retained mally bound unto the Federal Power By the Commission.4 refunds with each of its general assets Commission for the use and benefit of pending future action of the Commission. those entitled thereto, with respect to [seal] G ordon M. G rant, The Commission finds: all amounts and the interest thereon de­ Acting Secretary. The proposed settlement of the above- posited in the special escrow account, Appendix designated proceedings, on the basis de­ subject to such agreement, and such bank scribed herein, as more fully set forth in or trust company shall be bound to pay Rate Supp. the offers of settlement, filed with the over to such person or persons as may be schedule No. Commission by R&Spondents on July 18 identified and designated by final action and August 9, 1966, are consistent with of the Commission and in such manner Northern Pump Co. (Operator), as may be therein specified, all or any 5 the public interest, and approval thereof 38 as made effective and hereinafter or­ portion of such deposits and the interest 1 ¡1/ dered is appropriate to carry out the John B. Hawley, Jr., Trustee----- 1 thereon. G. S. and Norma G. Davidson— 1 provisions of the Natural Gas Act. W .E. Bakke Oil Co (Operator), (2) The bank or trust company may 1 invest and reinvest such deposits in any 2 Skelly Oil Co., Docket No. RI60-253, order issued Apr. 4, 1966, and Union Oil Company short-term indebtedness of the United [F.R. Doc. 66-12140; Filed, Nov. 8, 1966; of California, Docket Nos. G—3711 and RI60- States or any agency thereof, or in any 8:47 a.m.] 450, order issued Apr. 8, 1966. form of obligation guaranteed by the 3 There are some large producers which sell gas subject to the Pan Am contract, but they United States which is, respectively, pay­ * Dissenting statement of Commissioner have not filed an offer of settlement here. able within 120 days as the said bank or Ross filed as part of original document.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14427 [Docket No. CP67-110] PS-1, and none are to be abandoned as increased rates in Southern Louisiana TOWN OF NAPOLEON, IND., AND a result of the authorization sought. as announced in the Commission’s state­ Protests or petitions to intervene may ment of general policy No. 61-1, as TEXAS EASTERN TRANSMISSION be filed with the Federal Power Com­ amended (18 CFR 2.56). CORP. mission, Washington, D.C. 20426, in ac­ The proposed changed rate and charge Notice of Application cordance with the rules of practice and may be unjust, unreasonable, unduly procedure (18 CFR 1.8 or 1.10) and the discriminatory, or preferential, or other­ O ctober 31, 1966. regulations under the Natural Gas Act wise unlawful. Take notice that on October 25, 1966, (157.10) on or before November 28, 1966. The Commission finds: the town of Napoleon, Ind. (Applicant), Take further notice that, pursuant to It is necessary and proper in the pub­ filed in Docket No. CP67-110 an applica­ the authority contained in and subject lic interest and to aid in the enforcement tion pursuant to section 7(a) of the to the jurisdiction conferred upon the of the provisions of the Natural Gas Act Natural Gas Act for an order of the Com­ Federal Power Commission by sections 7 that the Commission enter upon a hear­ mission directing Texas Eastern Trans­ and 15 of the Natural Gas Act and the ing concerning the lawfulness of the pro­ mission Corp. (Respondent) to sell nat­ Commission’s rules of practice and pro­ posed change, and that Supplement No. ural gas to Applicant for resale, all as cedure, a hearing will be held without 2 to Woods’ PTC Gas Rate Schedule No. more fully set forth in the application further notice before the Commission on 1 be suspended and the use thereof de­ which is on file with the Commission this application if no protest or petition ferred as hereinafter ordered. and open to public inspection. to intervene is filed within the time re­ The Commission orders: Specifically, Applicant seeks delivery of quired herein, if the Commission on its (A) Pursuant to the authority of the natural gas by Respondent at an inter­ own review of the matter finds that per­ Natural Gas Act, particularly sections 4 connection on Respondent’s transmis­ mission and approval for the proposed and 15 thereof, the Commission’s rules sion system in Ripley County, Ind., with abandonment is required by the public of practice and procedure, and the Reg­ a lateral transmission line to be con­ convenience and necessity. If a protest ulations under the Natural Gas Act (18 structed, per order issued September 26, or petition for leave to intervene is timely CFR Ch. I), a public hearing shall be 1966, in FPC Docket No. CP67-15, by the filed, or if .the Commission on its own held upon a date to be fixed by notice town of Osgood, Ind., and the sale of motion believes that a formal hearing is from the Secretary concerning the law­ such gas to Applicant by Respondent at required, further notice of such hearing fulness of the proposed increased rate the town gate of Applicant. Applicant will be duly given. and charge contained in Supplement No. will then distribute the gas within its Under the procedure herein provided 2 to Woods’ PTC Gas Rate Schedule boundaries and environs. for, unless otherwise advised, it will be No. 1. The estimated third year peak-day unnecessary for Applicant to appear or (B) Pending such hearing and de­ and annual requirements of Applicant be represented at the hearing.' cision thereon, Supplement No. 2 to are 138.5 Mcf and 12,466 Mcf respec­ J oseph H. G utride, Woods’ PTC Gas Rate Schedule No. 1 is tively. Secretary. hereby suspended and the use thereof Protests or petitions to intervene may deferred until April 1, 1967, and there­ [F.R. Doc. 66-12151; Filed, Nov. 8, 1966; after until such further time as it is be filed with the Federal Power Com­ 8:47 a.m.] mission, Washington, D.C. 20426, in ac­ made effective in the manner prescribed cordance with the rules of practice and by the Natural Gas Act. procedure (18 CFR 1.8 or 1.10) on or [Docket No. RI67-125] • (C) Neither the supplement hereby before November 28, 1966. suspended, nor the rate schedule sought WOODS OIL & GAS CO., ET AL. to be altered thereby, shall be changed G ordon M. G rant, until this proceeding has been disposed Acting Secretary. Order Providing for Hearing on and of or until the period of suspension has [F.R. Doc. 66-12150; Filed, Nov. 8, 1966; Suspension of Proposed Change in expired, unless otherwise ordered by the 8:47 a.m.] Rate Commission. O ctober 31,1966. (D) Notices of intervention or peti­ On September 26, 1966,1 Woods Oil & tions to intervene may be filed with the [Docket No. CP67-109] Gas Co. (Operator), et al. (Woods),2 Federal Power Commission, Washing­ tendered for filing a proposed change in ton, D.C. 20426, in accordance with the TRANSCONTINENTAL GAS PIPE LINE their presently effective rate schedule for rules of practice and procedure (18 CFR CORP. sales of natural gas subject to the juris­ 1.8 and 1.37(f)) on or before December 15, 1966. Notice of Application diction of the Commission. The pro­ posed change, which constitutes an in­ By the Commission. N ovember 1, 1966. creased rate and charge, is contained in the following designated filing: [seal] G ordon M . G rant, Take notice that on October 25, 1966, Acting Secretary. Transcontinental Gas Pipe Line Corp. Description: Notice of Change, dated Sep­ (Applicant), Post Office Box 1396, Hous­ tember 19, 1966. [F.R. Doc. 66-12152; Filed, Nov. 8, 1966; ton, Tex. 77001, filed in Docket No. CP67- Purchaser and producing area: Plaque­ 8:47 a.m.] mines Oil & Gas Co., Inc. (Potash Field, 109 an application pursuant to section Plaquemines Parish, La.) (Southern Lou­ 7(b) of the Natural Gas Act for permis­ isiana) . sion and approval to abandon certain Rate schedule designation: Supplement rate service, all as more fully set forth No. 2 to Woods’ FPC Gas Rate Schedule No. 1. SECURITIES AND EXCHANGE in the application which is on file with Effective date: November 1,1966.® the Commission and open to public in­ Amount of annual increase: $18,000.; COMMISSION spection. Effective rate: 15.5 cents per Mcf.4 [811-1026] Specifically, Applicant requests that Proposed rate: 16.5 cents per Mcf.4 5 the Commission issue an order permit­ Pressure base: 15.025 p.s.i.a. MARINE CAPITAL CORP. ting and approving the abandonment of Woods’ proposed increased rate and Notice of Application for Order De­ service under Applicant’s Rate Schedule charge exceeds the area price level for claring Company Has Ceased To Be PS-1 as contained in Applicant’s FPC Gas Tariff, Original Volume No. 1. The 1 Filings completed Oct. 7,1966. an Investment Company 2 Address is 1528 International Trade Mart application states that the above-men­ N ovember 3,1966. tioned rate schedule is no longer being Building, New Orleans, La. Attention: J. L. Keefe, vice president. Notice is hereby given that Marine used and that such service is not now 3 The effective date is the contractually Capital Corp. (“Applicant”) , 2030 Marine available. provided effective date. Plaza, Milwaukee, Wis. 53202, a Wiscon­ No facilities were constructed in order 4 Includes 1.5 cents tax reimbursement. sin corporation licensed as a small busi­ to render service under Rate Schedule 6 Periodic rate increase. ness investment company under the

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14428 NOTICES

Small Business Investment Act of 1958 ness Administration, Washington, D.C. loads, from Don, Idaho, and Garfield, and a management closed end nondiver - 20416. Utah, to points in western trunkline sified investment company registered un­ For the Commission (pursuant to dele­ territory. der the Investment Company Act of 1940 gated authority). Grounds for relief—Market competi­ (“Act”), has filed an application pur­ tion. suant to section 8 (f) of the Act for an [seal] O rval L. DuBois, Tariff—Supplement 170 to Western order declaring that the Applicant has Secretary. Trunk Line Committee, agent, tariff ceased to be an investment company as [P.R. Doc. 66-12156; Filed, Nov. 8, 1966; ICC A-4411. 8:48 a.m.] defined in the Act. All interested per­ A ggregate- of-I ntermediates sons are referred to the application on file with the Commission for a statement FSA No. 40778—Commodities between of the representations contained therein. points in Texas. Filed by Texas-Loui- Applicant represents that on July 15, INTERSTATE COMMERCE siana Freight Bureau, agent (No. 586), 1966, its shareholders adopted a plan of for interested rail carriers. Rates on complete liquidation and dissolution. COMMISSION fiber board, pulpboard, or strawboard Applicant represents that, in accordance FOURTH SECTION APPLICATION FOR boxes, spent sulphuric acid and fatty acids, animal or vegetable and inedible with the plan of liquidation, some of its RELIEF portfolio securities, plus a cash liquidat­ tallow and soap grease, in carloads, from, ing distribution, were distributed pro rata N ovember 4, 1966. to and between points in Texas, over in­ to its shareholders during August 1966. Protests to the granting of an appli­ terstate routes through adjoining States. Applicant states that its remaining assets cation must be prepared in accordance Grounds for relief—Maintenance of were subsequently liquidated and the pro­ with Rule 1.40 of the general rules of depressed rates published to meet intra­ ceeds thereof deposited with the Marine practice (49 CFR 1.40) and filed within state competition without use of such National Exchange Bank of Milwaukee 15 days from the date of publication of rates as factors in constructing combi­ (“Bank”) as escrowee for the benefit of this notice in the F ederal R egister. nation rates. the Applicant’s shareholders. Applicant Tariff—Supplement 59 to Texas-Loui­ represents that, after paying the Ap­ Long- and-S hort H aul siana Freight Bureau, agent, tariff ICC plicant’s operating expenses and remain­ FSA No. 40775—Lumber from and to 998. ing liabilities, the Bank will distribute the points in Virginia. Filed by South­ By the Commission. balance of the cash to the Applicant’s western Freight Bureau, agent (No. B - shareholders on or about November 10, 8912), for interested rail carriers. Rates [ seal] H. N eil G arson, 1966, and that the cash which has been on lumber and related articles, in car­ Secretary. deposited with the Bank is not available loads, between points in Virginia, on the [F.R. Doc. 66-12194; Filed, Nov. 8, 1966; to the Applicant except for the payment one hand, and points in southwestern 8:51 a.m.] of expenses and liabilities. territory, on the other. Section 8 (f) of the Act provides, in Grounds for relief—Carrier competi­ pertinent part, that when the Commis­ tion. [Notice 420] sion, upon application, finds that a regis­ Tariff—Supplement 18 to Southwest­ MOTOR CARRIER ALTERNATE ROUTE tered investment company has ceased to ern Freight Bureau, agent, tariff ICC DEVIATION NOTICES be an investment company, it shall so 4688. declare by order and upon the effective­ FSA No. 40776—Chlorine to points in N ovember 4,1966. ness of such order, the registration of Tennessee and Virginia. Filed by Traffic The following letter-notices of propos­ such company shall cease to be in effect. Executive Association-Eastern Railroads, als to operate over deviation routes for Notice is further given that any in­ agent (E.R. No. 2869), for interested rail operating convenience only have been terested person may, not later than No­ carriers. Rates on chlorine, in tank car­ filed with the Interstate Commerce Com­ vember 21, 1966, at 5:30 p.m., submit to loads, from specified points in Michigan, mission, under the Commission’s Devia­ the Commission in writing a request for New York, and Ohio, also Reybold, Del., tion Rules Revised, 1957 (49 CFR 211.1 a hearing on the matter accompanied by Edgewood, Md., and Natrium, W. Va., to (c) (8) ), and notice thereof to all inter­ a statement as to the nature of his in­ specified points in Virginia and Tennes­ ested persons is hereby given as provided terest, the reason for such request, and see. in such rules (49 CFR 211.1(d) (4)). the issues of fact or law proposed to be Grounds for relief—Market competi­ Protests against the use of any pro­ controverted, or he may request that he tion. posed deviation route herein described be notified if the Commission shall order Tariffs—Supplements 1 and 158 to may be filed with the Interstate Com­ a hearing thereon. Any such communi­ Traffic Executive Association-Eastern merce Commission in the manner and cation should be addressed: Secretary, Railroads, agent, tariffs ICC C-611 and form provided in such rules (49 CFR Securities and Exchange Commission, C-334, respectively. 211.1(e) ) at any time, but will not oper­ Washington, D.C. 20549. A copy of such FSA No. 40777—Commodities between ate to stay commencement of the pro­ request shall be served personally or by points in Texas. Filed by Texas-Louisi- posed operations unless filed within 30 mail (airmail if the person being served ana Freight Bureau, agent (No. 585), for days from the date of publication. is located more than 500 miles from the interested rail carriers. Rates on fiber- Successively filed letter-notices of the point of mailing) upon Applicant at the board, pulpboard, or strawboard boxes, same carrier under the Commission’s address set forth above. Proof of such fatty acids, animal or vegetable and in­ Deviation Rules Revised, 1957, will be service (by affidavit or in case of an at­ edible tallow and soap grease, in car­ numbered consecutively for convenience torney at law by certificate) shall be filed loads, from, to, and between points in in identification and protests if any contemporaneously with the request. At Texas, over interstate routes through should refer to such letter-notices by any time after said date, as provided by adjoining States. number. Rule 0-5 of the rules and regulations Grounds for relief—Intrastate rates promulgated under the Act, an order dis­ and maintenance of rates from and to M otor Carriers of P roperty posing of the matter may be issued by the points in other States not subject to the No. MC 1074 (Deviation No. 3), AL­ Commission upon the basis of the infor­ same competition. LEGHENY FREIGHT LINES, INCOR­ mation stated in said application, unless Tariff—Supplement 59 to Texas-Loui- PORATED, Post Office Box 601, an order for hearing upon said applica­ siana Freight Bureau, agent, tariff ICC Winchester, Va. 22601, filed October 25, tion shall be issued upon request or upon 998. 1966. Carrier’s representative: C. F. the Commission’s own motion. FSA No. 40779—Phosphatic fertilizer Germelman (same address as applicant). solution to points in- western trunkline Carrier proposes to operate as a comm on It is ordered, That the Secretary of the territory. Filed by western Trunk Line carrier, by motor vehicle, of general com­ Commission shall send a copy of this no­ Committee, agent (No. A-2476), for in­ modities, with certain exceptions, over a tice by certified mail to the Deputy Ad­ terested rail carriers. Rates on phos­ deviation route as follows: Between Win­ ministrator for Investments, Small Busi­ phatic fertiliser solution, in tank car­ chester, Va., and Hagerstown, Md., over

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14429

Interstate Highway 81, for operating Kentucky Highway 1032 over Kentucky U.S. Highway 30 to junction U.S. High­ convenience only. The notice indicates Highway 1032 to Corinth, Ely., (g) from way 30, about 9 miles northeast of Center that the carrier is presently authorized junction Interstate Highway 75 and U.S. City, Nebr., and return over the same to transport the same commodities over Highway 62 over U.S. Highway 62 to routes. a pertinent service route as follows: Be­ Georgetown, Ky., (h) from junction In­ tween Winchester, Va., and Hagerstown, terstate Highway 75 and Kentucky High­ By the Commission. Md., over U.S. Highway 11. way 922 over Kentucky Highway 922 to [seal] H . N eil G arson, No. MC 52709 (Deviation No. 21), Lexington, Ky., (i) from junction Inter­ Secretary. RINGSBY TRUCK LINES, INC., 3201 state Highway 75 and Kentucky High­ [F.R. Doc. 66-12195; Filed, Nov. 8, 1966; Ringsby Court, Denver, Colo. 80216, filed way 169 over Kentucky Highway 169 to 8:51 a.m.} October 25,1966. Carrier proposes to op­ Richmond, Ky., and (j) from junction erate as a common carrier, by motor ve­ Interstate Highway 75 and Kentucky hicle, of classes A and B explosives, over Highway 595 over Kentucky Highway deviation routes as follows: (1) Prom 595 to Berea, Ky., and (2) from junction {Notice 986] junction U.S. Highway 50 and Utah U.S. Highway 25 and Interstate High­ MOTOR CARRIER APPLICATIONS AND Highway 24 over U.S. Highway 50 to way 75, approximately 2 miles south of Price, Utah, thence over Utah Highway Williamsburg, Ky., over Interstate High­ CERTAIN OTHER PROCEEDINGS 10 to Salina, Utah, thence over U.S. way 75 to junction U.S. Highway 25-W, N ovember 4, 1966. Highway 89 to Sevier, Utah, thence over approximately 1 mile south of Jellico, Utah Highway 13 to Cove Fort, Utah, The following publications are gov­ Tenn., and return over the same routes, erned by Special Rule 1.247 of the Com­ thence over U.S. Highway 91 to junc­ for operating convenience only. The no­ tion Utah Highway 20, and (2) from mission’s rules of practice, published in tice-indicates that the carrier is presently the F ederal R egister issue of April 20, junction U.S. Highway 50 and Utah authorized to transport passengers and Highway 24 over U.S. Highway 50 via 1966, which became effective May 20, the same property over pertinent serv­ 1966. Price, Utah, to Spanish Pork, Utah, ice routes as follows: (1) From Cincin­ thence over U.S. Highway 91 via Cove The publications hereinafter set forth nati, Ohio, over U.S. Highway 25 to Lex­ reflect the scope of the applications as Port, Utah, to junction Utah Highway ington, Ky. (also from Cincinnati across 20, and return over the same routes, for filed by applicant, and may include de­ the Ohio River to Covington, Ky., thence scriptions, restrictions, or limitations operating convenience only. The notice over Kentucky Highway 17 to junction indicates that the carrier is presently au­ which are not in a form acceptable to U.S. Highway 27, thence over U.S. High­ the Commission. Authority which ulti­ thorized to transport the same commodi­ way 27 to Lexington), and thence over ties, over a pertinent service route as mately may be granted as a result of the U.S. Highway 27 to Chattanooga, Tenn., applications here noticed will not neces­ follows: Prom Grand Junction, Colo., and (2) from Lexington, Ky., over U.S. over U.S. Highway 50 to junction Utah sarily reflect the phraseology set forth in Highway 25 via Livingston, Oakley, and the application as filed, but also will Highway 24, thence over Utah Highway East Bemstadt, Ky., to Corbin, Ky., 24 to junction unnumbered highway, eliminate any restrictions which are not thence over U.S. Highway 25-W to Knox­ acceptable to the Commission. thence over unnumbered highway to ville, Tenn., and return over the same junction Utah Highway 62, thence over routes. A pplications A ssigned for O ral H earing Utah Highway 62 to junction Utah High­ No. MC 1515 (Deviation No. 338) (Can­ way 22, thence over Utah Highway 22 to cels Deviation Nos. 43 and 218), GREY­ MOTOR CARRIERS OF PROPERTY junction U.S. Highway 89, thence over HOUND LINES, INC. (Central Division), U.S. Highway 89 to junction Utah High­ No. MC 43251 (Sub-No. 12) (republi­ 210 East Ninth Street, Port Worth, Tex. cation) , filed January 3, 1966, published way 20, thence over Utah Highway 20 to 76102, filed October 28, 1966. Carrier junction U.S. Highway 91, thence over F ederal R egister issue of January 27, proposes to operate as a common carrier, 1966, and republished, this issue. Appli­ U.S. Highway 91 to Las Vegas, Nev., and by motor vehicle, of passengers and their return over the same route. cant: H. MAYNARD GOULD CO., a cor­ baggage, and express and newspapers in poration, Union Street, East Walpole, M otor Carriers op P assengers the same vehicle with passengers, over Mass. Applicant’s representative : deviation routes as follows: (1) From Francis E. Barrett, Jr., 182 Forbes Build­ No. MC 1515 (Deviation No. 337) (Can­ Omaha, Nebr., over Interstate Highway ing, Forbes Road, Braintree, Mass. 02184. cels Deviation No. 303), GREYHOUND 80 to junction U.S. Highway 83, thence By application filed January 3, 1966, ap­ LINES, INC. (Southern Division), 219 over U.S. Highway 83 to North Platte, plicant seeks a permit authorizing opera­ East Short Street, Lexington, Ky. 40507, Nebr., and over available access roads tions, in interstate or foreign commerce, filed October 25, 1966. Carrier proposes between authorized points and Interstate as a contract carrier by motor vehicle, to operate as a common carrier, by motor Highway 80, and (2) from junction U.S. oyer irregular routes, of building mate­ vehicle, of passengers and their "baggage, Highway 6 and Interstate Highway 280, rials, paper, paper products, and mate­ and express and newspapers, in the near Omaha, Nebr., over Interstate High­ rials and supplies used in the installation same vehicle with passengers, over devi­ way 280 to junction Interstate Highway thereof (except commodities in bulk, in ation routes as follows: (1) From junc­ 80, and return over the same routes, for tank vehicles) and flower pots, from Wal­ tion U.S. Highway 25 and Interstate operating convenience only. The notice pole and Norwood, Mass., and Phillips- Highway 75 at or near Covington, Ky., indicates that the carrier is presently dale, R.I., to points in New York, except over Interstate Highway 75 to junction authorized to transport passengers and New York, N.Y., and points in Nassau and U.S. Highway 25 near Berea, Ky., with the same property over pertinent service Suffolk Counties, N.Y. A supplemental the following access routes; (a) from routes as follows: (1) From Omaha, order of the Commission, Operating junction Interstate Highway 75 and Ken­ Nebr., over U.S. Highway 275 via Valley, Rights Board No. 1, dated October 13, tucky Highway 338 over Kentucky High­ Nebr., to Fremont, Nebr., thence over 1966, and served October 27, 1966, as way 338 to Richwood, Ky., (b) from U.S. Highway 30 via Cheyenne, Wyo., to amended, finds that by application filed Junction Interstate Highway 75 and junction relocated U.S. Highway 30 near July 11, 1966, in No. MC 34689 (Sub-No. Kentucky Highways 14-16 over Ken­ Medicine Bow, Wyo., (2) from Omaha, 8), applicant seeks to convert its con­ tucky Highways 14-16 to Walton, Ky., Nebr., over U.S. Highway 6 to junction tract-carrier authority to corresponding (c> from junction Interstate Highway 75 County Highway 52, thence over County common-carrier authority. Inasmuch and Kentucky Highway 491 over Ken­ Highway 52 to junction Nebraska High­ as applicant may not be granted con­ tucky Highway 491 to Crittenden, Ky., way 37, thence over Nebraska Highway tract-carrier authority in this proceed­ (d) from junction Interstate Highway 75 37 to junction Nebraska Highway 31, ing because of said dual operations and Mid Kentucky Highway 22 over Kentucky thence over Nebraska Highway 31 to Highway 22 to Dry Ridge, Ky., (e) from inasmuch as applicant is seeking to con­ junction U.S. Highway 6, thence over vert its contract-carrier authority to Junction Interstate Highway 75 and U.S. Highway 6 to Lincoln, Nebr., and Kentucky Highway 36 over Kentucky common-carrier authority, applicant will (3) from junction U.S. Highway 275 and here be granted common-carrier author­ Highway 36 to Williamstown, Ky., (f) Alternate U.S. Highway 30, about 19 miles from junction Interstate Highway 75 and ity to perform the involved operations, west of Omaha, Nebr., over Alternate subject to the condition, however, that

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14430 NOTICES the certificate sought in No. MC 34689 finds that certificate No. MC-103490 able properly to perform such service (Sub-No. 8> first be issued. (Sub-No. 36), dated October 22, 1964, and to conform to the requirements of That the present and future public be, and it is hereby, modified, by de­ the Interstate Commerce Act and the convenience and necessity require oper­ leting from the segment thereof au­ Commission’s rules and regulations ation by applicant, in interstate or for­ thorizing the transportation of stone thereunder. Because it is possible that eign commerce, as a common carrier by the service restrictions “in bulk, in dump other parties, who have relied upon the motor vehicle, over irregular routes, of vehicles,” subject, however, to prior pub­ notice of the application as published, (1) building materials, paper, paper lication in the F ederal R egister of a no­ may have an interest in and would be products, and materials and supplies tice of the modification actually affected prejudiced by the lack of proper notice used in installation thereof (except com­ by this order; and that an amended cer­ of the authority described in the findings modities in bulk), and (2) flower pots, tificate, setting forth such modification, in this order, a notice of the authority from Walpole and Norwood, Mass., and should be issued to petitioner upon re­ actually granted will be published in the Philipsdale, R.I., to points in New York ceipt of its written request for the co­ F ederal R egister and issuance of a cer­ (except New York, N.Y., and points .in incidental cancellation of the portion of tificate in this proceeding will be with­ Nassau and Suffolk Counties, N.Y.); that certificate No. MC-103490 (Sub-No. 36), held for a period of 30 days from the date dated October 22,1964, so modified. Be­ of such publication, during which period applicant is fit, willing, and able properly any proper party in interest may file an to perform such service and to conform cause it is possible that other parties, appropriate protest or other pleading. to the requirements of the Interstate who have relied upon the notice of the Commerce Act and the Commission’s petition as published, may have an in­ No. MC 127936 (Republication), filed rules and regulations thereunder; that an terest in and would be prejudiced by the January 3, 1966, published F ederal R eg­ appropriate certificate should be issued, lack of proper notice of the modification ister issue of April 21, 1966, and repub­ subject to the two conditions described described in this order, a notice of the lished, this issue. Applicant: CHARLES above respecting the conversion of ap­ modification actually authorized herein ZICHTERMAN, SR., doing business as plicant’s present contract-carrier au­ will be published in the F ederal R egister, PRODUCE CARRIER, 743 Forest Hill thority and prior publication in the F ed­ and effectuation of said modification in Avenue SE., Grand Rapids, Mich. By application filed January 3, 1966, appli­ eral R egister. Because it is possible that this proceeding will be withheld for a other parties, who have relied upon the period of 30 days from the date of such cant seeks a certificate of public con­ notice of the application as published, publication, during which period any venience and necessity authorizing op­ may have an interest in and would be proper party in interest may file an ap­ eration, in interstate or foreign com­ prejudiced by the lack of proper notice propriate protest or other pleading. merce, as a common carrier by motor of the authority described in the findings No. MC 126749 (Sub-No. 4) (Repub- vehicle, over irregular routes, of apple in this order, a notice of the authority lication), filed December 16, 1965, pub­ cider, from points in Michigan, to points in Florida, South Carolina, Georgia, Ala­ actually granted will be published in the lished F ederal R egister issue of Feb­ bama, Mississippi, and North Carolina, F ederal R egister and that any proper ruary 10, 1966, and republished, this party in interest may file an appropriate issue. Applicant: K. P. MOVING & and fruits and vegetables, on return. A protest or other pleading on or before STORAGE CO., INC., 1475 South Acoma report of the Commission, Operating the 30th day following the date of said Street, Denver, Colo. By application Rights Review Board No. 1, decided Oc­ publication. filed December 16, 1965, applicant seeks tober 18, 1966, and served October 28, No. MC 103490 (Sub-No. 36) (Repub­ a certificate of public convenience and 1966, as amended, finds that the pres­ lication of petition for modification), necessity authorizing operation, in inter­ ent and future public convenience and state or foreign commerce, as a common necessity require operation by appli­ filed April 21, 1966, published F ederal cant, in interstate or foreign commerce, R egister issue of May 4, 1966, and re­ carrier by motor vehicle, over irregular published, this issue. Applicant: routes, of general commodities, between as a common carrier by motor vehicle, PROVAN TRANSPORT CORP., New- Ward, Colo., on the one hand, and, on over irregular routes, of apple cider and burg, N.Y. Applicant’s representative: the other, points in that part of Colorado apples (other than frozen), in mixed Bert Collins, 140 Cedar Street, New York, beginning at a point on U.S. Highway 40 loads, from points in the Lower Penin­ N.Y. 10006. On October 22, 1964, a at Granby, Colo., thence east to Colo­ sula of Michigan to points in Alabama, certificate was issued to the above-named rado Highway 93, thence north on Colo­ Florida, Georgia, Mississippi, North carrier, in No. MC 103490 (Sub-No. 36) rado Highway 93 to Colorado Highway 7, Carolina, and South Carolina; that ap­ authorizing, in pertinent part, the trans­ thence east on Colorado Highway 7 to plicant is fit, willing, and able properly portation, over irregular routes, of stone, U.S. Highway 285, thence north on U.S. to perform such service and to conform in bulk, in dump vehicles, from and to Highway 285 to U.S. Highway 34, thence to the requirements of the Interstate specified points and areas in New York, west on U.S. Highway 34 to junction U.S. Commerce Act and the Commission’s Connecticut, Massachusetts, 'and New Highway 40 at Granby, Colo. A supple­ rules and regulations thereunder. Be­ Jersey, which operating rights originally mental order of the Commission, Operat­ cause of the fact that the authority were embraced in certificate No. MC ing Rights Board No. 1, dated October granted in some respects is broader than 103490 (Sub-No. 50), issued March 19, 11, 1966, and served November 1, 1966, that sought, the scope of the authority 1962, in the name of Provan Petroleum as amended, finds that the present and actually granted herein should be pub­ Transport Co., Inc. By petition filed future public convenience and necessity lished in the F ederal R egister and the April 21, 1966, petitioner seeks modifi­ require operation by applicant, in inter­ issuance of a certificate withheld for 30 cation of that portion of its certificate state or foreign commerce, as a common days, during which period any proper in MC 103490 (Sub-No. 36), authorizing carrier by motor vehicle, over irregular party in interest, which may have relied the transportation of, stone, in bulk, in routes, of household goods, as defined by upon the notice of the application as dump vehicles, from points in Rockland, the Commission, between points in that originally published and would be preju­ Dutchess, and Ulster Counties, N.Y., to part of Colorado bounded by a line be­ diced by lack of proper notice of the points in Connecticut, Massachusetts, ginning at Ward, Colo., and extending authority actually granted herein, may and New Jersey (except points in Cum­ over Colorado Highway 160 to junction file an appropriate pleading. berland, Salem, Gloucester, Cape May, Colorado Highway 160 and Colorado A pplication for Certificate or P ermit Atlantic, Camden, and Burlington Coun­ Highway 119, thence over Colorado High­ W h ich is to be P rocessed Concur­ way 119 to junction Colorado Highway ties, N.J.). By the instant petition, peti­ rently W ith A pplications U nder S ec­ 119 and U.S. Highway 6, thence over U.S. tion 5 G overned by S pecial R ule 1.240 tioner seeks elimination of “in dump Highway 6 to junction U.S. Highway 6 vehicles,” as it relates to the transporta­ and Colorado Highway 93, thence over to the E xtent A pplicable tion of stone, and requests the Commis­ No. MC 1733 (Sub-No. 8) filed October sion issue a corrected certificate to trans­ Colorado Highway 93 to Boulder, Colo., thence over Colorado Highway 7 to junc­ 14, 1966. Applicant: LAKE SHORE port stone, in bulk, from and to points tion Colorado Highway 7 and Left Hand presently authorized. MOTOR TRANSIT LINES, INC., 230 Canyon Road approximately 8 miles North State Street, St. Joseph, Mich. An Order of the Commission, Operat­ north of Boulder, thence back to the be­ ing Rights Board No. 1, dated September ginning over Left Hand Canyon Road to Applicant’s representative: William D. 29, 1966, and served October 27, 1966, Ward; that applicant is fit, willing, and Parsley, 117 West Allegan Street, Lan-

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14431 sing, Mich. 48933. Authority sought to No. MC-F-9570. Authority sought for Villalon, 1735 K Street NW., Washington, operate as a common carrier, by motor control by RED STAR EXPRESS LINES D.C. 20006. Operating rights sought to vehicle, over irregular routes, transport­ OF AUBURN, INCORPORATED, doing be transferred: Livestock and poultry ing: Wall paper and general commodities, business as RED STAR EXPRESS feed, and fertilizers, other than liquid, as (1) between points in Lake, Cook, Du LINES, 24-50 Wright Avenue, Auburn, a common carrier, over irregular routes, Page, and Will Counties, 111., and that N.Y. 13021, of WALLACE TRANSPORT from Norfolk and Hopewell, Va., to points portion of Kankakee County, HI., on and CO. LIMITED, 198 Welland Street, Port in Vance and Warren Counties, N.C. north of Illinois Highway 17, that por­ Colborne, Ontario, Canada, and for ac­ Vendee is authorized to operate as a com­ tion of Kendall and Kane Counties, 111., quisition by JOHN BISGROVE, 264 East mon carrier in North Carolina, Maine, on and east of Illinois Highway 47, and Genesee Street, Auburn, N.Y., of control New Hampshire, Vermont, Massachu­ that portion of McHenry County, 111., on of WALLACE TRANSPORT CO. LIM­ setts, Rhode Island, Connecticut, New and east of Illinois Highway 47 and on ITED, through the acquisition by RED Y'ork, New Jersey, Delaware, Pennsylva­ and south of Illinois Highway 120, and STAR EXPRESS LINES OF AUBURN, nia, Maryland, South Carolina, Minne­ (2) between points in the area described INCORPORATED, doing business as sota, Georgia, Alabama, Florida, Missis­ in (1) above, on the one hand, and, on RED STAR EXPRESS LINES. Appli­ sippi, Kentucky, West Virginia, Ohio, the other, points in Illinois, restricted to cants’ attorney: Leonard A. Jaskiewicz, Michigan, Indiana, Illinois, Wisconsin, shipments for shippers located in the 1155 15th Street NW., Washington, D.C. and Tennessee. Application has been area described in (1) above. N o te: Ap­ 20005. Operating rights sought to be filed for temporary authority under sec­ plicant states it proposes to tack this controlled: General commodities (except tion 210a(b). authority with all of its presently held liquid chemicals and coal tar products, No. MC-F-9572. Authority sought authority to permit operation over its in bulk, in tank vehicles), as a common for purchase by TRANSAMERICAN regular routes into southwestern Mich­ carrier, over irregular routes, between FREIGHT LINES, INC., 1700 North igan and northwestern Indiana (includ­ Buffalo, N.Y., and the United States- Waterman Avenue, Detroit, Mich., of the ing off-route points). The joinder would Canada boundary line, through the ports operating rights of FOWSER FAST take place in the Chicago, 111., commercial of entry at Buffalo, Niagara Falls, and FREIGHT, INC., North Lenola Road, zone. This application is directly re­ Lewiston, N.Y.; household goods, as de­ Moorestown, N.J., and for acquisition by lated to MC-P 9557. If a hearing is fined by the Commission, between the ROBERT B. GOTFREDSON (ROBERT deemed necessary, applicant requests it United States-Canada boundary line, on L. GOTFREDSON, EXECUTOR), 1724 be held at Chicago, HI., or Lansing, Mich. the one hand, and, on the other, points Ford Building, Detroit 26, Mich., and in Ohio, Pennsylvania, and New York, CHARLOTTE B. GOTFREDSON, 1700 Applications U nder S ections 5 through ports of entry at Buffalo, Niag­ and 210a(b) North Waterman Avenue, Detroit 9, ara Falls, and Lewiston, N.Y.; nickel Mich., of control of such rights through The following applications are gov­ and nickel products, from the United the purchase. Applicants’ attorneys: A. erned by the Interstate Commerce Com­ States-Canada boundary line, to Cleve­ Alvis Layne, 948 Pennsylvania Building, mission’s special rules governing notice land, Ohio, Erie, Pa., Syracuse, Lockport, Washington, D.C. 20004, and V. Baker of filing of applications by motor carriers Niagara Falls, and Dunkirk, , N.Y., Smith, 2107 Fidelity-Philadelphia Trust of property or passengers under sections through ports of entry at Buffalo, Niag­ Building, Philadelphia, Pa. 19109. Oper­ 5(a) and 210a(b) of the Interstate Com­ ara Falls, and Lewiston, N.Y.; sheet ating rights sought to be transferred: merce Act and certain other proceedings steel, from Cleveland, Ohio, to the United General commodities, excepting, among with respect thereto (49 CFR 1.240). States-Canada boundary line, through others, household goods and commodities ports of entry at Buffalo, Niagara Falls, MOTOR CARRIERS OF PROPERTY in bulk, as a common carrier, over regu­ and Lewiston, N.Y.; iron and steel ar­ lar routes, between Philadelphia, Pa., No. MC-F-9569. Authority sought ticles the transportation of which because and Cedarville and Port Elizabeth, N.J., for purchase by BAYLOR TRUCKING, of size or weight requires the use of spe­ serving all intermediate points, and off- INC.,'Rural Route 1, Milan, Ind., of a cial equipment, from Lackawanna, N.Y., route points in Pennsylvania and New portion of the operating rights of SUB- and the town of Hamburg, N.Y., to the Jersey within 25 miles of Philadelphia, LER TRANSFER, INC., Versailles, Ohio United States-Canada boundary line, at and those within 10 miles of the above- 45380, and for acquisition by CHESTER Buffalo, Niagara Falls, and Lewiston, specified routes; glass products, over ir­ BAYLOR and RUTH BAYLOR, both N.Y., Restriction: The operations au­ regular routes, from Vineland, N.J., to also of Milan, Ind., of control of such thorized immediately above are restricted Philadelphia, Pa., New York, N.Y., and rights through the purchase. (The to a transportation service to be per­ Baltimore, Md.; damaged, rejected or re­ authority being sought was acquired formed in foreign commerce only; Re­ turned glass products, from the above pursuant to MC-F-9257 (Subler Trans­ striction: The authority granted herein destination territory to Millville and fer, Inc.—Purchase—Chrispens Truck to the extent it authorizes the transpor­ Vineland, N.J.; articles used in or useful Lines, Inc.), granted April 25, 1966, by tation of classes A and B explosives shall to the manufacture of glass, from Balti­ the Commission, Finance Board No. 1, be limited, in point of time, to a period more, Md., New York, N.Y., and Philadel­ and consummated June 2, 1966.) Ap­ expiring 5 years after March 30, 1966. phia, Pa., to Millville, N.J.; spaghetti plicants’ attorney and representative: RED STAR EXPRESS LINES OF AU­ products, from Vineland, N.J., to Phil­ Robert W. Loser, 409 Chamber of Com­ BURN, INCORPORATED, doing busi­ adelphia, Pa., Baltimore, Md., and New merce Building, Indianapolis, Ind. 46204, ness as RED STAR EXPRESS LINES, is York, N.Y.; articles used in or useful to and Robert P. Layman, Versailles, Ohio authorized to operate as a common car­ the manufacture of spaghetti products, 45380. Operating rights sought to be rier in New York, Pennsylvania, Connec­ from New York, N.Y., Philadelphia, Pa., transferred: Paper and paper products, ticut, New Jersey, Massachusetts, Ver­ and Baltimore, Md., to Vineland, N.J.; as a common carrier, over regular routes, mont, and Rhode Island. Application empty glass containers, in cartons, boxes, from Hamilton, Ohio, to Providence, has not been filed for temporary author­ and crates, from Salem, N.J., to Balti­ R.I., and points in New Jersey and New ity under section 210a(b). N o te: If a more and Relay, Md., points in Delaware, York (except Buffalo and Rochester, hearing is deemed necessary, Applicants Connecticut, New York, Pennsylvania, N.Y.); and skids for paper, from the request that it be held at Washington, Virginia, and the District of Columbia; destination points specified immediately D.C. empty cartons, boxes, and crates, from above to Hamilton, Ohio. Vendee is No. MC-F-9571. Authority sought for Baltimore and Relay, Md., certain speci­ authorized to operate as a common ear­ purchase by EASTERN MOTOR LINES, fied points in Connecticut, New York ner in Kentucky, Ohio, Indiana, Illinois, INC., Post Office Box 649, Warrenton, (with exception) and Pennsylvania, to Michigan, West Virginia, Arkansas, Colo- N.C., of the operating rights of PAGE Salem, N.J. jfcdo, Connecticut, Iowa, Kansas, Mary­ PERKINSON (PATTIE H. PERKINSON, Empty boxes, broken glass, and re­ land, Missouri, Minnesota, New Jersey, ADMINISTRATRIX), Wise, N.C., and jected jars, from Philadelphia, Pa., to New York, Pennsylvania, Tennessee, for acquisition by W. S. BUGG, and C. M. Salem, N.J.; lumber, from Philadelphia, Texas, Virginia, and Wisconsin. Appli­ BULLOCK, both also of Warrenton, N.C., Pa., to Quinton, N.J.; flat paper sheets, cation has not been filed for temporary of control of such rights through the pur­ corrugated and plain, from Baltimore, authority under section 210a(b). chase. Applicants’ attorney: Edward G. Md., and Philadelphia, Pa., to Salem,

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 No. 218—Pt. I----8 14432 NOTICES N.J.; empty glass containers, battery jars, Kansas, Nebraska, and Colorado. Ap­ State Docket No. 15842, filed October carboys, and insulators, from Salem, plication has been filed for temporary 25, 1966. Applicant: KING MOTOR N.J., and points in Maryland, except authority under section 210a(b). COMPANY, INC., 506 East Commerce Street, Greenville, Ala. Applicant’s rep­ Baltimore and Relay, Md.; returned or MOTOR CARRIER OF PASSENGERS rejected shipments and empty cartons, resentative: Robert S. Richard, Post Of­ from the above-specified Maryland desti­ No. MC-F-9574. Authority sought for fice Box 2069, Montgomery, Ala. Certifi­ nation points to Salem, N.J.; soda foun­ control by EVERGREEN TRAILS, cate of public convenience and necessity tains and soda fountain supplies, includ- INC., 1936 Westlake Avenue, Seattle, sought to operate a freight service as fol­ fruits, extracts, flavorings, and syrups, Wash. 98101, of BREMERTON- lows: Transportation of general com­ between Vineland, N.J., on the one hand, TACOMA STAGES, INC., 1936 Westlake modities (except those of unusual value, and, on the other, Philadelphia, Pa., Avenue, Seattle, Wash. 98101, and for goods as defined by the Interstate Corn- Baltimore, Md., and New York, N.Y.; acquisition by ELWOOD ARNESON, 1936 classes A and B explosives, household machinery used for or useful to soda Westlake Avenue, Seattle, Wash. 98101, merce Commission, commodities in bulk fountains, between Vineland, N.J., and MYRL P. HOOVER, 23641 Camino Her- in tank vehicles and those requiring spe­ Baltimore, Md.; glassware and closures mosa, Los Aitos, Calif. 94022, MAURICE cial equipment), over regular routes, be­ for glass containers, from Millville, N.J., H. HOOVER and WILLIAM NISKANEN, tween Greenville, Ala., and Montgomery, to points in Massachusetts and Rhode both of 1068 Bond Street, Bend, Oreg. Ala. From Greenville, Ala., over Ala­ Island; and damaged, defective, and re­ 97701, of control of BREMERTON- bama Highway 10 to Camden, Ala., turned shipments of the above-described TACOMA STAGES, INC., through the thence over Alabama Highway 28 to its commodities, and wooden boxes and acquisition by EVERGREEN TRAILS, junction with Alabama Highway 21, fiberboard cartons, from points in Mas­ INC. Applicants’ attorney: Donald A. thence over Alabama Highway 21 to its sachusetts and Rhode Island to Millville, Schafer, 12321 Southeast Evergreen junction with U.S. Highway 80, thence N.J. Vendee is authorized to operate as Highway, Vancouver, Wash. 98664. over U.S. Highway 80 to Montgomery, a common carrier in New York, Illinois, Operating rights sought to be controlled: Ala., and return over the same route, Indiana, Iowa, Michigan, Ohio, Pennsyl­ Passengers and their baggage, and ex­ serving all intermediate points and the vania, Nebraska, Oklahoma, Texas, Kan­ press, mail and newspapers, in the same off-route points of Forest Home, Alien- sas, Minnesota, Missouri, Wisconsin, vehicle with passengers, as a common ton, and Letohatchee, Ala. Both intra­ Connecticut, Delaware, Maine, Maryland, carrier over regular routes, between state and interstate authority is sought. New Hampshire, New Jersey, Rhode Is­ Pleasant Valley Junction, Wash., and HEARING: Not set. Contact the Ala­ land, Vermont, West Virginia, Massa­ Bremerton, Wash., between Pleasant bama Public Service Commission for this chusetts, Arkansas, Tennessee, Kentucky, Valley Junction, Wash., and Tacoma, information. Virginia, and the District of Columbia. Wash., serving all intermediate points; Requests for procedural information, Application has been filed for temporary passengers and their baggage, and ex­ including the time for filing protests, authority under section 210a (b). press, and newspapers, in the same ve­ concerning this application should be ad­ No. MC-F-9573. Authority sought for hicle with passengers, between Bremer­ dressed to the Alabama Public Service purchase by IDEAL TRUCK LINES, ton, Wash., and Seattle, Wash., serving Commission, Montgomery, Ala. 36102, INC., 912 North State, Norton, Kans., of no intermediate points. EVERGREEN and should not be directed to the Inter­ a portion of the operating rights of DALE TRAILS, INC., is authorized to operate state Commerce Commission. I. BURT, doing business as CLAY CEN­ as a common carrier in the State of By the Commission. TER FREIGHT SERVICE, 1419 Sher­ Washington. Application has not been man, Clay Center, Kans., and for acqui­ filed for temporary authority under sec­ [ seal] H. N eil G arson, Secretary. sition by R. E. BLICKENSTAFF, C. D. tion 210a(b). N ote: A motion to dis­ BLICKENSTAFF and FRED L. GIL- miss for lack of jurisdiction has been [F.R. Doc. 66-12197; Filed, Nov. 8, 1966; HOUSEN, all of Norton, Kans., on control filed simultaneously. 8:51 a.m.] of such rights through the purchase. By the Commission. Applicants’ attorney: John E. Jandera, [Notice 282] 641 Harrison, Topeka, Kans. Operating [ seal] H. N eil G arson, rights sought to be transferred: General Secretary. MOTOR CARRIER TEMPORARY commodities, excepting, among others, [F.R. Doc. 66-12196; Filed, Nov. 8, 1966; AUTHORITY APPLICATIONS household goods and commodities in 8:51 a.m.] N ovember 4, 1966. bulk, as a common carrier, over regular routes, between Clay Center, Kans., and The following are notices of filing of Kansas City, Mo., serving the off-route NOTICE OF FILING OF MOTOR applications for temporary authority un­ point of North Kansas City, Mo., and CARRIER INTRASTATE APPLICATIONS der section 210a(a) of the Interstate the intermediate point of Kansas City, Commerce Act provided for under the Kans.; livestock, over irregular routes, N ovember 4, 1966. new rules in Ex Parte No. MC 67 (49 from Clay Center, Kans., and points The following applications for motor CFR Part 240), published in the F ederal within 25 miles of Clay Center to St. Jo­ common carrier authority to operate in R egister, issue of April 27,1965, effective seph, Mo., between Clay Center, Kans., intrastate commerce seek concurrent July 1, 1965. These rules provide that and points within 25 miles of Clay Center, motor carrier authorization in interstate protests to the granting of an applica­ on the one hand, and, on the other, Kan­ or foreign commerce within the limits of tion must be filed with the field official sas City, Kans., and Kansas City and the intrastate authority sought, pursuant named in the F ederal R egister publica­ North Kansas City, Mo., between Barnes, to section 206(a)(6) of the Interstate tion, within 15 calendar days after the Kans., and points within 15 miles of Commerce Act, as amended October 15, date notice of the filing of the applica­ Barnes, on the one hand, and, on the 1962. These applications are governed tion is published in the F ederal R egister. other, Kansas City, Kans., and Kansas by Special Rule 1.245 of the Commis­ One copy of such, protest must be served City and St. Joseph, Mo.; grain, hides, sion’s rules of practice, published in the on the applicant, or its authorized rep­ and containers for petroleum products, F ederal R egister, issue of April 11,1963, resentative, if any, and the protest mus from Barnes, Kans., and points within page 3533, which provides, among other certify that such service has been made. 15 miles of Barnes, to Kansas City, Kans., things, that protests and requests for The protest must be specific as to tne and Kansas City and St. Joseph, Mo.; information concerning the time and service which such protestant can an and feed, agricultural implements and place of State commission hearings or will offer, and must consist of a signed parts, twine, petroleum products in con­ other proceedings, any subsequent original and six copies. tainers, hardware, fencing, and. building changes therein, and any other related A copy of the application is on nie. and fencing material, from Kansas City, matters shall be directed to the State and can be examined, at the Office of tn Mo., and Kansas City, Kans., to Barnes, commission with which the application Secretary, Interstate Commerce Com­ Kans., and points within 15 miles of is filed and shall not be addressed to or mission, Washington, D.C., and also m Barnes. Vendee is authorized to oper­ filed with the Interstate Commerce the field office to which protests are to oe ate as a common carrier in Missouri,. Commission. transmitted.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 NOTICES 14433

M otor Carriers of P roperty fice Box No. 567, Chelyan (Kanawha County) W. Va. 25041. Applicant’s rep­ Title 2— THE CONGRESS No. MC 87720 (Sub-No. 55 TA), filed resentative: Homer W. Hanna, Jr., 1201 November 1, 1966. Applicant: BASS ACTS APPROVED BY THE PRESIDENT TRANSPORTATION CO., INC., Old Kanawha Valley Building, Charleston, Croton Road, Star Route A, Post Office W. Va. 25301. Authority sought to oper­ E ditorial N o te: After the adjourn­ Box 391, Flemington, N.J. Applicant’s ate as a contract carrier, by motor ve­ ment of the Congress sine die, and until representative: Bert Collins, 140 Cedar hicle, over irregular routes, transporting: all public acts have received final Presi­ Street, New York, N.Y. 10006. Authority Mine roof bolts and accessories, (1) from dential consideration, a listing of public sought to operate as a contract carrier, Lebanon and Ambridge, Pa., Marietta laws approved by the President will ap­ by motor vehicle, over irregular routes, and Mingo Junction, Ohio, to Richwood, pear in the daily F ederal R egister under transporting: Plastic bottles, containers Henry, Bayard, Kingwood, Tioga, and Title 2—The Congress. A consolidated and plastic tubes, for the account of Werth, W. Va., (2) from Marietta and listing of the new acts approved by the Tennepak Department, Tenneco Chem­ Mingo Junction, Ohio, and Huntington, President will appear in the Daily Digest icals, Inc., from Flemington, N.J., to W. Va., to Tire Hill, Pa., for 180 days. in the final issue of the Congressional points in Ohio, Illinois, Indiana, Mich­ Supporting shippers: Maust Coal & Coke Record covering the 89th Congress, Co.; Alpine Coal Co.; Cherry River Coal Second Session. igan, and Wisconsin, for 180 days. Sup­ & Coke Co.; Summersville Coal Co.; porting shipper: Tennepak Department, Approved November 5, 1966 Tenneco Chemicals, Inc., Post Office Box Birch Coal Co.; North Branch Coal Co., 81, Flemington, N.J. 08822. Send pro­ Gauley Coal & Coke Co.; Chapel Coal H.R. 2266------Public Law 89-757 tests to: Raymond T. Jones, District Co. and Bird Coal Co., all of Post Office An Act to provide for the settlement of Supervisor, Bureau of Operations and Box No. 191, Richwood, W. Va. 26261, claims resulting from an explosion at a Compliance, Interstate Commerce Com­ Attention: Mr. H. Frank Harris, Pur­ U.S. ordnance plant in Bowie County, mission, 410 Post Office Building, Tren­ chasing Agent. Send protests to: H. R. Tex., on July 8, 1963. ton, N.J. 08608. White, District Supervisor, Bureau of H.R. 12360------Public Law 89-758 Operations and Compliance, Interstate No. MC 128007 (Sub-No. 6 TA), filed Commerce Commission, 3202 Federal An Act to permit the sale of grain stor­ November 1, 1966. Applicant: HOFER, Office Building, Charleston, W. Va. 25301. age facilities to public nonprofit agen­ INC., Post Office Box 583, 4032 Parkview cies and organizations. Drive, Pittsburg, Kans. 66762. Appli­ By the Commission. H.R. 15024------Public Law 89-759 cant’s representative: John E. Jandera, [ seal] H. N eil G arson, An Act to authorize the Administrator 641 Harrison Street, Topeka, Kans. Secretary. 66603. Authority sought to operate as of General Services to select an available [F.R. Doc. 66-12198; Filed, Nov. 8, 1966; Government-owned site in the District of a common carrier, by motor vehicle, over 8:51 a.m.] Columbia and to improve and lease such irregular routes, transporting: Oil well site for a temporary heliport. sealing mixture, in bulk and in bags, from Gravette, Ark., to points in Okla­ [Notice 988] S. 84------Public Law 89-706 homa, Louisiana, Texas, Kansas, New APPLICATIONS UNDER SECTIONS 5 An Act to provide for reimbursement Mexico, Colorado, Wyoming, and Missis­ to the State of Wyoming for improve­ AND 210a(b) ments made on certain lands in Sweet­ sippi; materials and supplies used in the water County, Wyoming, if and when manufacture of oil well sealing mixture, N ovember 7, 1966. such lands revert to the United States. from points in Oklahoma, Louisiana, The following applications are gov­ Texas, Kansas, New Mexico, Colorado, erned by the Interstate Commerce Com­ £L_360------Public Law 89-761 Wyoming, and Mississippi, to Gravette, mission’s special rules governing notice An Act to provide for the establish­ Ark., for 180 days. Supporting shipper: of filing of applications by motor carriers ment of the Indiana Dunes National Gravette Shelling Co., Inc., Gravette, of property or passengers under sections Lakeshore, and for other purposes. Ark. Send protests to: M. E. Taylor, 5(a) and 210a(b) of the Interstate Com­ S. 476------Public Law 89-763. District Supervisor, Bureau of Opera­ merce Act, and certain other proceedings An Act to amend the Act approved tions and Compliance, Interstate Com­ with respect thereto (49 CFR 1.240). March 18, 1950, providing for the con­ merce Commission, 906 Schweiter Build­ M otor Carriers of P roperty struction of airports in or in close prox­ ing, Wichita, Kans. 67202. imity to national parks, national monu­ No. MC 128638 (Sub-No. 1 TA), filed No. MC-F-9576. Authority sought for ments, and national recreation areas, and November 1, 1966. Applicant: CEN­ purchase by NIELSEN FREIGHT LINES, for other purposes. TRAL GRAIN HAULERS, INC., Route 1, 1272 Gossage Avenue, Petaluma, Calif. S. 1349------Public Law 89-764 Van Meter Road, Winchester, Ky. 40391. 94952, of the operating rights and prop­ erty of CALLISON TRUCK LINES, INC., An Act to amend the inland, Great Applicant’s representative: George M. Lakes, and western rivers rules concern­ Catlett, 703—706 . McClure Building, 1100 West Del Norte Street, Post Office ing sailing vessels and vessels under Frankfort, Ky. 40601. Authority sought .Box C, Eureka, Calif. 95501, and for ac­ sixty-five feet in length. quisition by JAMES P. NIELSEN, also to operate as a common carrier, by motor S. 1496_------Public Law 89-762 vehicle, over irregular routes, transport­ of Petaluma, Calif., of control of such ing: (1) Animal and poultry feed, flour rights and property through the pur­ An Act to repeal section 3342 of title 5, and cornmeal, in bags or containers, from chase. Applicants’ attorneys: Frank United States Code, relating to the pro­ Loughran, 100 Bush Street, San Fran­ hibition of employee details from the Lexington, Ky., to points in Ohio, Indi­ field service to the departmental service, ana, Illinois, Tennessee, Virginia, West cisco, Calif. 94104, and Bertram S. Silver, and for other purposes. Virginia, and Missouri; and (2) materials 140 Montgomery Street, San Francisco, in bags, used in the processing and manu­ Calif. 94104. Operating rights sought to S. ISfifi,------T_ Public Law 89-765 facturing of flour and cornmeal, from be transferred: Under a certificate of An Act to authorize the Board of Points in Ohio, Indiana, Illinois, Ten­ registration, in Docket No. MC-105762, Governors of the Federal Reserve Sys­ nessee, Virginia, West Virginia, and Sub 8, covering the transportation of tem to delegate certain of its functions, Missouri, to Lexington, Ky., for 180 days. general commodities, as a common car­ and for other purposes. Supporting shipper: Buhler Mills, Inc., rier, in intrastate commerce, within the S. 1760------Public Law 89-766 133 South Broadway, Lexington, Ky. State of California. Vendee is author­ Greek Loan of 1929 Settlement Act. *°507. S en d protests to: R. W. ized to operate as a common carrier in Schneiter, District Supervisor, Bureau of California. Application has not been S. 3148------Public Law 89-767 Operations and Compliance, Interstate filed for temporary authority under sec­ An Act to provide for the conveyance tion 210a(b). of all right, title; and interest of the Commerce Commission, 207 Exchange United States reserved or retained in puilding, 147 North Upper Street, Lex­ By the Commission. certain lands heretofore conveyed to the ington, Ky. 40507. [ seal] H. N eil G arson, city of El Paso, Texas. i 128673 TA, filed November 1, Secretary. S.J. Res. 133------Public Law 89-768 i»66. Applicant: CRAIGSVILLE DIS­ [F.R. Doc. 66-12243; Filed, Nov. 8, 1966; Joint Resolution designating February, TRIBUTING COMPANY, INC., Post Of­ 8:52 a.m.] 1967 as American History Month. FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14434 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— NOVEMBER

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 November.

10 CFR Page 3 CFR 7 CFR— Continued P roposed R ules—Continued 30______— 14349 E xecutive O rders: 32______- ______14349 March 31, 1911 (revoked in 1043 ______14403 part by PLO 4113)------13995 1044 ______14406 P roposed R u l e s: 1045 ______14406 35______— 14317 P roclamations: 1046 ______14403 3753 ------14379 14381 1047 ______■______14403 12 CFR 3754 ______- 1048 _____ ■______- 14403 1049 ______——------14403 208______—______13985 5 CFR 1050 ______14028,14406 211______14259 P roposed R u l e s : 213____ 13935,14077,14260 1051 ______14406 1060___ 14407 526______14415 6 CFR 1062 ______14406 569______- ______14415 r:v> ttt __ ___ 14109 1063 ______- 14406 ros ______13940 1064 ______1-;------14406 13 CFR 1065 ______- 14407 121_____ 14311,14351 1066 ______14407 7 CFR 1067 ______■--- 14406 52 ______14249 1068--______14407 14 CFR 61 ______13936 1069 ______14407 39 ___ 13985,13986,14312,14391,14393 Hh TT ______14297 1070 ______14406 71 _ _ 13940,13987,14260,14261,14392 250 ______14297 1071 ______14406 73______13987 3m ______14339 1073______-X------14406 75 ______13940,14393 401______— ____ 14302,14303 1075 ______14407 95______Z______13987 404 ______14304 1076 ______14407 97 ______14262 706 ______13979 1078 ______14406 99____ — ______1-3941 719 ______14253 1079 ______14406 302______-,------— 13942 722______13936,14077,14254 1090______14403 ______14383 P roposed R u l e s: 72R 1094______14406 39 ______14005,14006,14407 751 ______14254 1096 ______14406 ______14390 71 14407-14412 833 1097 ______14406 73______14270,14407 663 ______13937 1098 ______:------14403 135— ______— ------l 4413 906 ______14348 1099 ______14406 907 _____ — __ 14306 1101 ------14403 QOQ ______13939 1102 ______14406 16 CFR 910 ______14307 1103______14081,14406 15 ______14393 039 ______13984 1104______14407 115____ I— — — — ______14394 QR1 ______13984 1106___ —------14407 P roposed R u l e s : Q91 _ __ ...... 14077 1108______14406 412 ______'ll._____ 14416 1205 ______14438 1120______14407 1421 ______14307 1125 ______14407 Ch. XVIII______14109 1126 ______14316,14407 17 CFR P roposed R u l e s: 1127 ______14407 240_____ 13990 52______14081 1128 ______14407 724______14002 1129— ______14407 19 CFR 1130 _ 14407 14313 906______------14359 4 ______13944, 14394 913______-______14316 1131 ______14407 987 14004 1132 ____ 14407 25. 14255 989— 11______-___ 14081,14316 1133 ______14407 993______—------14402 H34______14407 21 CFR 1001 ______14402 1136 ------14407 io _ ___ 13991,14349 1002 __ 14402 12i ___ 14350,14351 1003 ______• 14402 1137 __ - ______14407 1004 ______14402 1138 __ 14407 ilk::::::::::::::::____ 13991 1005 ______14403 1205______------14441 P roposed R u l e s : 1006 _____ -1______14402 14359 120______14359 1008______- ______14403 8 CFR 121______1009:______14403 ^24 ______14078 1011 ______14403 / 327 ______14078 22 CFR 1012 ______14402,14403 14079 1013 ______14402 OOÖ ______14078 1015 ______14402 14078 205 : ______-______13993 1016 ______14402 320 ______14078 1031 ______14406 — 14078 25 CFR 1032 _____ 14028, 14406 499 ______...... 14079 P roposed R u l e s: 1033 ______14403 991 13946 1034 ______J,______14403 1035 ______- 144039 CFR 26 CFR 1036 ______14403 Q7 ______13939 14351 1038 ______14406 P roposed R u l e s: 1039 ______- ______14406 209 ______14005 P roposed R u l e s: 1040 ______14403 inn _ 14359 1041 _ 14403 314 ______14005 FEDERAL REGISTER 14435 29 CFR Page 41 CFR Page 45 CFR Page 102______- ______14313,14394 11-1______14356 703-______13999 1601______14255 11-7____ 14357 801______14357 Proposed R ules: 11-11______14357 505______: _____ 14314 101-25______14260 1207______13946 47 CFR 42 CFR 1 ______13999, 14394 31 CFR 73______14000 2 ______14395 10______13992 21______14394 500 (2 documents)___ '______13945 43 CFR 73______14395, 14399, 14400 515___- ______- ______13945 91______14400 P ublic Land Orders: P roposed R ules: 33 CFR 5 (revoked in part by PLO 4111)___ 13995 18______14007 204______13992,14255 1991 (revoked in part by PLO 21______14318 207____ 14255 4110)______13994 73______14007, 14413-14415 4106 ______13993 35 CFR 4107 ______13994 49 CFR 119______14269 4108 ______13994 4109 ______13994 170______14080 37 CFR 4110 ______13994 P roposed R ules: 4111 ______13995 170______14417 1____ 13944 4112 ______13995 4113 ______13995 50 CFR 38 CFR 32 ______14080,14401 3______;______13992 44 CFR 33 ______14000 21______13992 710______13995 301______14256

FEDERAL REGISTER

VOLUME 31 • NUMBER 218

Wednesday, November 9, 1966 • Washington, D.G.

P A R T II

Department of Agriculture

Consumer and Marketing Service

Cotton Research and Promotion Orders

No. 218—Pt. II---- 1 14438 RULES AND REGULATIONS Secretary, be conducted in accordance include planting an upland cotton crop with this subpart. even though the crop is not harvested if Title 7— AGRICULTURE such failure to harvest is not caused by Chapter XI— Consumer and Market­ § 1205.201 Definitions. the neglect of the farmer. In addition, ing Service (Marketing Agreements (a) “Act” means the Cotton Research (1) Except for a landlord of a stand­ ing rent, cash rent, or fixed rent tenant, and Orders; Miscellaneous Com­ and Promotion Act (80 Stat. 279). (b) “Secretary” means the Secretary each person sharing in an upland cot­ modities), Department of Agricul­ of Agriculture of the United States, or ton crop, or proceeds thereof, on a farm ture any officer or employee of the Depart­ as an owner, cash tenant, landlord of a ment to whom authority has heretofore share tenant, share tenant or share­ PART 1205— COTTON RESEARCH cropper shall be considered engaged in AND PROMOTION ORDERS been delegated, or to whom authority may hereafter be delegated, to act in his the production of such crop. Subpart— Procedure for the Conduct stead and “Department” means the U.S. (2) Each person who was either the Department of Agriculture. owner or operator of a farm for which of Referenda in Connection With an acreage allotment for a crop of up­ Cotton Research and Promotion (c) “Consumer and Marketing Serv­ ice” means the Consumer and Marketing land cotton was established pursuant to Orders Service of the Department. the Agricultural Adjustment Act of 1938, On October 19, 1966, a notice of pro­ (d) “Agricultural Stabilization and as amended, but on which such crop was posed rule making was published in the Conservation. Service”, also referred to not produced shall be deemed to be en­ F ederal R egister (31 F.R. 13478) regard­ as ASCS, means the Agricultural Stabili­ gaged in the production of such crop ing proposed regulations to govern the zation and Conservation Service of the in the year in which such crop, if pro­ procedure for the conduct of referenda Department. duced, would have been harvested if any in connection with cotton research and (e) “Administrator” means the Admin­ acreage of such crop was deemed devoted promotion orders under the Cotton Re­ istrator of the Consumer and Marketing to the crop for history purposes under search and Promotion Act (80 Stat. 279). Service, with power to redelegate, or any applicable provisions of such law and After consideration of all such relevant officer or employee of the Department to he would have shared in such crop if it matter as was presented by interested whom authority has heretofore been had been produced. persons, the regulations as so proposed delegated or may hereafter be delegated (p) “Producer” means any person en­ are hereby adopted, subject to the fol­ to act in his stead. gaged in the production of upland cotton. lowing changes: (f) “Deputy Administrator” means the § 1205.202 Agencies through which a 1. Subdivision (iii) of subparagraph Deputy Administrator or the Acting referendum shall be conducted. (4) of § 1205.202(a) is changed by in­ Deputy Administrator, State and County serting after~the words “prior to the” the Operations, Agricultural Stabilization (a) Consumer and Marketing Service. words “beginning of the”. and Conservation Service. The Administrator shall: (1) Determine the referendum period. 2. In the first sentence of paragraph (g) “State committee” means the per­ (d) of § 1205.204, after the words “plac­ sons in a State designated by the Secre­ (2) Give reasonable advance notice of ing it in” the words “the return postage- tary as the Agricultural Stabilization and the referendum (i) by utilizing without and-fees paid indicia envelope furnished Conservation State Committee. advertising expense available media of by the county committee” are changed (h) “County committee” means the public information (including, but not to read “an envelope”. persons elected within a county as the being limited to, press and radio facil­ 3. Paragraph (a) of § 1205.205 is county committee, pursuant to the regu­ ities) serving the upland cotton produc­ lations governing the selection and func­ ing areas, announcing the dates, places, changed. tions of the Agricultural Stabilization or methods of voting, and other perti­ Effective date. This subpart shall be­ and Conservation county and community nent information, and (ii) by such other come effective on the date of its publica­ committees. means as he may deem advisable. tion in the F ederal R egister. (i) “County office manager” means the (3) Provide ballots and related mate­ Dated: November 3, 1966. person employed by the county commit­ rial to be used in the referendum to tee to execute the policies of the county ASCS. The ballot (i) shall provide for George L. Mehren, committee and be responsible for the recording essential information for as­ Assistant Secretary. day-to-day operations of the Agricul­ certaining whether the person voting is Subpart— Procedure for the Conduct of Refer­ tural Stabilization and Conservation an eligible voter, and (ii) may provide enda in Connection With Cotton Research and Service county office, or the person act­ for recording the total amount of upland Promotion Orders ing in such capacity. cotton produced by the producer during (j) “State executive director” means the representative period. Sec. the person employed by the State com­ 1205.200 General. (4) Make available to producers 1205.201 Definitions. mittee to execute the policies of the through ASCS county committees in­ 1205.202 Agencies through which a refer­ State committee and to be responsible structions on voting, an appropriate bal­ endum shall be conducted. for the day-to-day operations of the lot and, except in the case of a referen­ 1205.203 Voting eligibility. Agricultural Stabilization and Conserva­ dum on the termination or suspension of 1205.204 Voting. tion Service State Office, or the person an order, a summary of the terms and 1205.205 Canvass of ballots. acting in such capacity. 1205.206 Reporting results of referendum. conditions of the order. The instruc­ 1205.207 Challenge of correctness of county (k) “Order” means the order (includ­ tions on voting shall explain the method summary of ballots. ing an amendatory order) with respect to be used in determining the amount of 1205.208 Disposition of ballots and records to which the Secretary has directed that upland cotton produced during the rep­ by county committee. a referendum be conducted. resentative period and shall specify 1205.209 Confidential information. (l) “Representative period” means the whether such amount is to be entered on 1205.210 Additional instructions and forms. period designated by the Secretary pur­ the ballot by the voter, subject to the Authority: The provisions of this subpart suant to section 8 of the act. following terms and conditions: issued under sec. 15, Cotton Research and (m) “Person” means an individual, (i) If a current production year for Promotion Act (sec. 15,80 Stat. 285). partnership, association, corporation, estate, trust, or other business enter­ which harvesting has not been com­ § 1205.200 General. pleted is designated as the representa­ prise, or legal entity, and wherever ap­ tive period, the amount of upland cotton Referenda for the purpose of ascertain­ plicable, a State, political subdivision of produced shall be determined by the of­ ing whether the issuance by the Secre­ a State, the Federal Government, or any fice of the county committee on the basis tary of Agriculture of a cotton research agency thereof. of the acreage planted on the farm ana and promotion order, or the termination (n) “Upland cotton” means any cot­ projected lint yield per acre for the farm. or suspension of such an order, is ap­ ton other than extra long staple cotton. (o) “Engaged in the production.” The (ii) On farms in which more than one proved or favored by producers shall, un­ eligible voter is engaged in production, less supplemented or modified by the term “engaged in the production” shall

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 RULES AND REGULATIONS 14439

the vote cast by each voter shall repre­ acting in a fiduciary capacity will not be to the office of the county committee for sent only the amount of upland cotton eligible to vote. An individual may, if the county in which he is eligible to that is his share of the crop, or proceeds otherwise eligible, cast a ballot in his in­ vote. In order to be eligible for tabula­ thereof. dividual capacity although he may also tion by the county committee, voted bal­ (iii) If an eligible voter is engaged in oast a ballot as a guardian, administrator, lots must be received by the county production of upland cotton on more executor, or trustee. An individual who committee of the county in which the than one farm he is entitled to only one holds more than one fiduciary position voter is eligible to vote during the period vote but any vote cast by such voter shall may vote as a fiduciary in each case in established for holding the referendum. represent the total amount of upland which he is otherwise eligible, as for ex­ A ballot shall be considered to have been cotton that is his share of the crop, or ample, if John Doe is administrator of received during the referendum period if proceeds thereof, on all such farms: Pro­ estate X, he may cast a ballot as admin­ (1) in the case of a ballot delivered to vided, That only farms for which records istrator of estate X, and if he is also thp county committee, it was received in are maintained by the ASCS county of­ administrator of estate Y, he may cast the office prior to the close of the work fice designated as the voter’s polling another ballot as administrator of estate day on the final day of the referendum place shall be considered unless the voter, Y. ' period, or (2) in the case of a mailed prior to the begihning of the referendum, (2) Where a group of several persons, ballot, it was postmarked not later than establishes to the satisfaction of such such as husband, wife, and children, are midnight of the final day of the referen­ county office his share of the crop, or engaged in the production of upland cot­ dum period and was received in the proceeds thereof, on any additional farm ton under the same lease or cropping county office prior to the start of can­ or farms. agreement only the person or persons vassing the ballots. (iv) A person who is eligible to vote in who signed or entered into the lease or (e) Placing of ballots in ballot box. the referendum and who did not have cropping agreement shall be eligible to Notwithstanding the fact that a ballot (s> any planted acreage of upland cotton vote. In the event two or more persons may be later challenged by the county during the representative period, re­ are engaged in the production of upland committee, envelopes containing ballots gardless of reason for not planting, may cotton as joint tenants, tenants in com­ received at the ASCS county office during vote “yes” or “no” with respect to the mon, or owners of community property, the referendum period shall remain un­ order but such person’s volume of pro­ each such person shall be entitled to one opened and shall be placed immediately duction will be considered as zero (0). vote if otherwise qualified. Whether a in a ballot box provided by the county (b) Agricultural Stabilization and husband or wife is entitled to vote does office manager. Such ballot box shall be Conservation Service. Except for the not depend upon whether the other arranged so that ballots cannot be read functions specified in paragraph (a) of spouse is eligible to vote. Eligibility to or moved without breaking the seal on this section, the Deputy Administrator vote applies to each one individually. A the container. wife is eligible to vote if she shares in the shall be in charge of and responsible for § 1205.205 Canvass of ballots. conducting each referendum. Each proceeds of the required crop as an State committee shall be in charge of owner, cash tenant, landlord of a share (a) Canvassing procedure. Canvass­ and responsible for conducting such ref­ tenant, share tenant, or sharecropper. ing of returned ballots shall take place erendum in its State. Each county If a husband and wife are tenants or as soon as possible after the opening of committee shall be responsible for the sharecroppers on a farm, jointly respon­ the county office on the fifth day follow­ proper holding of such referèndum in its sible under the rental or sharecropping ing the close of the referendum period. county. It shall be the duty of each agreement, both are eligible to vote. Such canvassing shall be in the presence committee to conduct each referendum This is true whether the rental or share- of a t least two members of the county in a fair, unbiased and impartial man­ cropping agreement is written, signed by committee and shall be open to the pub­ ner in accordance with the regulations both parties, or oral, provided both hus­ lic. The canvassing and ballots shall be in this subpart. band and wife made the oral agreement. handled in such a manner that no mem­ A minor is not disqualified from voting ber of the public may see how any person § 1205.203 Voting eligibility. solely because of his minority if other­ voted in the referendum. The county wise eligible and he is not less than 18 committee shall supervise the opening of (a) Special eligibility requirements. years of age. the sealed ballot box, the opening of the Each person who was engaged in the (c) Voting by proxy prohibited.envelopes containing the ballots and a production of upland cotton during the There shall be no voting by proxy or determination as to (1) the number of representative period shall be eligible to agent but a duly authorized officer of a eligible voters favoring the order and, vote in a referendum. corporation, association, or other legal where necessary, the amount of upland (b) General eligibility requirements. entity, may cast its vote. cotton represented by them, (2) the num­ (1) A person may qualify as an eligible ber of eligible voters disapproving the or­ voter by meeting the eligibility require­ § 1205.204 Voting. der and, where necessary, the amount of ments, but no such person shall be en­ (a) Place of voting. The ASCS upland cotton represented by them, (3) titled to more than one vote regardless of county office serving the county in which the number of ballots cast by voters the number of upland cotton farms in the producer’s farm is located shall be his found to be ineligible to vote in the ref­ which the person is interested or the polling place. erendum, and (4) number of spoiled bal­ number of communities, counties, or (b) Register of eligible voters. The lots. The ballots determined to be States in which are located farms in county committee shall establish a regis­ spoiled or cast by ineligible voters shall which such person is interested: Pro­ ter of known eligible voters prior to the not be considered as approving or dis­ vided, however, That the individual referendum. approving the order, and the persons who members of a qualified partnership shall (c) Mailing of ballot to eligible voters. cast such ballots shall not be regarded each have one vote, but the partnership The county committee shall furnish each as participating in the referendum. as such shall not have a vote and an in­ eligible Voter a ballot suitable for mail­ (b) Spoiled ballots. A ballot shall be dividual who qualifies as an eligible voter ing back to the office of the county com­ considered as a spoiled ballot if (1) it is by reason of his separate farming opera­ mittee. If an eligible voter does not mutilated or marked in such a way that tions will be entitled to one vote even receive a ballot, he may obtain one dur­ it is not possible to determine with cer­ though he is interested in an organiza­ ing the referendum period from the of­ tainty how the ballot was intended to tion such as (but not limited to) a cor­ fice of the county committee for the be counted, or (2) it does not contain poration which is also eligible as a voter county in which he is eligible to vote. the signature of the voter, or his prop­ and entitled to one vote. A person who, (d) Returning ballot to office of the erly witnessed mark. as a guardian, administrator, executor, (c) Challenge of ballots. A ballot or trustee engages in the production of county committee. Each person to whom a ballot is issued by mail or in person may be challenged by any member of upland cotton will be eligible to vote in the county committee. Before a chal­ such fiduciary capacity if, in such ca­ may vote in the referendum by complet­ lenged ballot is either counted or de­ pacity, he qualifies as an eligible voter, ing and signing his ballot, placing it in clared invalid, a determination shall be in such cases the person for whom he is an envelope, and delivering or mailing it made by the county committee as to the

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14440 RULES AND REGULATIONS eligibility of the voter to vote in the § 1205.207 Challenge of correctness of end of such time, and after the ballots referendum. county summary of ballots. and other records have been examined The State committee shall make a by a representative of the State commit­ § 1205.206 Reporting results of refer­ tee, the voted ballots and challenged endum. prompt investigation and decision in case of any dispute or challenge regard­ ballots shall be destroyed, but the regis­ (a) Each county committee shall ing the correctness of the county sum­ ters and county summary sheets shall be transmit a written county summary of mary of ballots in any county: Provided, filed for a period of 5 years in the office ballots showing the results of the refer­ That no dispute or challenge shall be in­ of the county committee. endum in its county to its State com­ vestigated unless it is brought to the at­ § 1205.209 Confidential information. mittee. tention of the State committee within 3 (b) Each State committee shall trans­ All ballots cast and the contents days after receipt by the State committee thereof shall be treated as confidential. mit a written summary of the referen­ of the county summary of ballots from dum results from the county committees such county. § 1205.210 Additional instructions and within its State to the Director, Cotton § 1205.208 Disposition of ballots and forms. Division, Consumer and Marketing Serv­ records by county committee. The Deputy Administrator is hereby ice, Washington, D.C. 20250, and main­ The county committee shall seal the authorized to prescribe additional in­ tain one copy of the summary in the voted ballots, challenged ballots found structions and forms not inconsistent office of the State committee where it to be ineligible, spoiled ballots, register with the provisions of this subpart for will be available for public inspection sheets, and summary sheets for the the use of State and county committees for a period of 5 years following the end county in one or more envelopes or pack­ in conducting a referendum. Such ad­ of the referendum period. ages, plainly marked with the identifi­ ditional instructions may include pro­

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14441

order dealing with the taking of action act requires that any producer desiring DEPARTMENT OF AGRICULTURE by the Cotton Board by mail, telegraph, a refund shall make the request per­ or telephone. This sentence in § 1205.325 sonally, there is no provision in the act Consumer and Marketing Service is revised to include, in accordance with or order that precludes a producer need­ [ 7 CFR Part 1205 1 the hearing record, provision for author­ ing help, such as assistance in writing izing Board action by mail, telegraph, or letters to the Board or completing appli­ [CRPATDocket No. 1] telephone on matters of an emergency cation forms, from obtaining such help. COTTON RESEARCH AND nature when there is not enough time to No interest should be allowed on any re­ PROMOTION call an assembled meeting of the Board. fund made to a producer, inasmuch as Also, three new sentences reading as fol­ there is no provision therefor in the act Decision and Referendum Order lows are added after the third sentence and no suggestion of congressional intent With Respect to Proposed Order in next to the last paragraph of the find­ to provide for payment of interest.” ings and conclusions dealing with mate­ Annexed hereto and made a part Pursuant to the rules of practice and rial issue (3) (b) as set forth in the hereof is a document entitled “Cotton procedure governing proceedings to for­ recommended decision: “Also, provision Research and Promotion Order” which mulate orders under the Cotton Research should be made for the Board to take has been decided upon as the appropriate and Promotion Act (7 CFR Part 1205, 31 action upon the concurring votes of its and detailed means of effecting the fore­ F.R. 10510), public hearing sessions on a members by mail, telegraph, or telephone going conclusions. This document shall proposed cotton research and promotion on matters of an emergency nature when not become effective unless and jintil the order were held in Memphis, Tenn., on there is not enough time to call an as­ requirements of § 1205.15 of the afore­ August 22-24, 1966, in Dallas, Tex., on sembled meeting. The responsibility for said rules of practice and procedure gov­ August 25-26, in Phoenix, Ariz., on Au­ initiating a poll by mail, telegraph, or erning proceedings to formulate orders gust 29-30, and in Atlanta, Ga., on Sep­ telephone should rest with the Chairman under the Cotton Research and Promo­ tember 1-2, after notice thereof was of the Board, or such person or persons tion Act have been met. published in the Federal Register (31 designated by the Board. It should be Referendum order. Pursuant to the F.R. 10532) on August 5, 1966. the responsibility of the person conduct­ applicable provisions of the Cotton Re­ On the basis of the evidence adduced ing any such poll to explain each proposi­ search and Promotion Act (80 Stat. 279), at the hearing and the record thereof, a tion accurately, fully, and similarly to it is hereby directed that a referendum recommended decision in this proceed­ each member of the Board.” be conducted among the cotton producers ing, including a proposed cotton research Exception was taken on the basis that who, during calendar year 1966 (which and promotion order was filed on Sep­ the recommended decision is inconsistent period is hereby determined to be a rep­ tember 30, 1966, with the Hearing Clerk, with the best interests of cotton pro­ resentative period for the purpose of such U.S. Department of Agriculture. The ducers and would hamper the rebuilding referendum) have been engaged in the notice of the filing of such recommended of a viable cotton industry, and that the production of upland cotton in the decision, affording opportunity to file recommended decision is not supported United States for the 1966 crop to deter­ written exceptions thereto, was published either by the findings and conclusions mine whether such producers favor the in the Federal R egister (31 F.R. 12956) or the body of evidence offered in testi­ issuance of the said annexed Cotton Re­ on October 5, 1966. The time for filing mony during the process of the hear­ search and Promotion Order. exceptions to the recommended decision, ings. Since the evidence does support The procedure applicable to the refer­ with the Hearing Clerk, expired on Octo­ the findings and conclusions the excep­ endum shall be the procedure for the ber 14,1966. tion is denied. However, some of the conduct of referenda in connection with Material issues, findings and conclu­ contentions on which this exception is cotton research and promotion orders (7 sions, rulings and general findings. The based and the contents of another ex­ CFR 1205.200 et seq.) as published in this material issues, findings and conclusions, ception do indicate a need for clarifica­ issue of the F ederal Register. The ref­ rulings and the general findings of the tion on refunds of assessments in the erendum period shall be December 5 recommended decision set forth in the eighth and ninth paragraphs of the find­ through 9, 1966, provided that ballots F ederal Register (31 F.R. 12956) are ings and conclusions dealing with mate­ cast prior to December 5 shall not be hereby approved and adopted as the ma­ rial issue (3) (d). Accordingly, the last invalidated for that reason. terial issues, findings and conclusions, four sentences in the eighth paragraph The ASCS county office will send each rulings and the general findings of this dealing with material issue (3) (d) are eligible voter an appropriate ballot, in­ decision as if set forth in full herein, ex­ deleted and the following sentence is structions on the voting procedure, and a cept as they are modified by the rulings substituted therefor : “The dollar per bale summary of the terms and conditions of on the exceptions hereinafter set forth. assessment is mandatory but each pro­ the said annexed Cotton Research and Rulings on exceptions. Exceptions to ducer has the right to decide whether Promotion Order. If any eligible voter the recommended decision were filed, or not he will exercise his refund pri­ does not receive a ballot on or prior to within the prescribed time, by Joseph O. vilege.” Also, the last four sentences in December 5,1966, he may obtain one dur­ Parker and L. Alton Denslow for the the ninth paragraph dealing with mate­ ing the referendum period from the National Cotton Council of America, by rial issue (3) (d) are deleted and the ASCS county office for the county in the Runnels County Texas Farm Bureau, following sentences are substituted which he is eligible to vote. and by C. H. DeVaney, President, Texas therefor: “The Board may also want to Single copies of the complete text of Farm Bureau, on his behalf and on be­ consider making such forms available to the proposed Cotton Research and Pro­ half of J. D. Hays, Marvin L. Morrison, producers at the ASCS county office, or motion Order may be obtained at any and Boswell Stevens. These exceptions some other government office, in each have been considered carefully and fully, cotton-producing county. Such forms ASCS county office in cotton producing in connection with the evidence in the should not be available at the offices of counties or from the Cotton Division, record and the proposed findings and handlers collecting the $1 per bale be­ Consumer and Marketing Service, U.S. conclusions of the recommended deci­ cause the intense competition for busi­ Department of Agriculture, Washington, sion, in arriving at the findings and con­ ness among handlers could easily defeat D.C. 20250. * clusions set forth herein. To any extent the purpose of the act and order. This It is hereby ordered, That all of this that the findings and conclusions con­ should not preclude the Board from tained herein are at variance with any making the forms available to producers decision, referendum order, and annexed of the exceptions pertaining thereto, such at ASCS county offices even though the Cotton Research and Promotion Order exceptions are denied on the basis of the Board should designate the Commodity be published in the F ederal Register. findings and conclusions relating to the Credit Corporation as a handler. Cer­ issues to which the exceptions refer., tainly, no regulation issued by the Board Dated: November 3,1966. Exception was taken to the last sen­ should contain any impossible, complex, George L. Mehren, tence in § 1205.325 of the recommended or even onerous condition. Although the Assistant Secretary.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14442 PROPOSED RULE MAKING Cotton Research and Promotion Order1 August 25-26, in Phoenix, Ariz., on Au­ § 1205.311 Cotton-producing State. Sec. gust 29-30, and in Atlanta, Ga., on Sep- ' “Cotton-producing State” means each 1205.300 Findings and determinations. tember 1-2. On the basis of the evidence of the following States and combinations adduced at the hearing, and the record of States: Definitions thereof, it is found that: Alabama-Florida; New Mexico; 1205.301 Secretary. (1) The said order, and all of the Arizona; North Carolina- 1205.302 Act. terms and conditions thereof, will tend Arkansas; Virginia; 1205.303 Person. to effectuate the declared policy of the California-Nevada; Oklahoma; 1205.304 Cotton. act; and Georgia; South Carolina; 1205.305 Fiscal period. Louisiana; Tennessee -Ken­ 1205.306 Cotton Board. (2) All cotton produced and handled in the United States is in the current in­ Mississippi; tucky 1205.307 Producer. Missouri-Hlinois; Texas. 1205.306 Handler. terstate or foreign commerce, or directly 1205.309 Handle. burdens, obstructs, or affects interstate or § 1205.312 Marketing. 1205.310 United States. foreign commerce in cotton and cotton “Marketing” includes the sale of cotton 1205.311 Cotton-producing State. products. 1205.312 Marketing. or the pledging of cotton to the Com­ 1205.313 Cotton-producer organization. It is therefore ordered: modity Credit Corporation as collateral 1205.314 Contracting organization or asso­ D e f in it io n s for a price support loan. ciation. 1205.315 Cotton-producing region. § 1205.301 Secretary. § 1205.313 Cotton-producer organiza­ 1205.316 Marketing year. “Secretary” means the Secretary of tion. 1205.317 Part and subpart. Agriculture of the United States, or any “Cotton-producer organization” means Cotton Board officer, or employee of the U.S. Depart­ any organization which has been cer­ 1205.318 Establishment and membership. ment of Agriculture to whom authority tified by the Secretary pursuant to 1205.319 Term of office. has heretofore been delegated, or to § 1205.337. 1205.320 Nominations. whom authority may hereafter be dele­ § 1205.314 Contracting organization or 1205.321 Selection. gated, to act in his stead. association. 1205.322 Acceptance. 1205.323 Vacancies. § 1205.302 Act. “Contracting organization or associa­ 1205.324 Alternate members. “Act” means the Cotton Research and tion” means the organization or associa­ 1205.325 Procedure. Promotion Act (Public Law 89-502, 89th 1205.326 Compensation and reimbursement. tion with which the Cotton Board has 1205.327 Powers. Congress, approved July 13,1966, 80 Stat. entered into a contract or agreement 1205.328 Duties. 279). pursuant to § 1205.328(c). R esearch and P romotion § 1205.303 Person. § 1205.315 Cotton-producing region. 1205.329 Research and promotion. “Person” means any individual, part­ “Cotton-producing region” means each nership, corporation, association, or any Expenses and"jAssessments of the following groups of cotton-pro­ other entity. 1205.330 Expenses. ducing States: 1205.331 Assessments. § 1205.304 Cotton. (a) Southeast Region : Alabama-Flor­ 1205.332 Producer refunds. “Cotton” means all upland cotton har­ ida, Georgia, North Carolina-Virginia, 120i>.333 Influencing governmental action. vested in the United States, and except and South Carolina; Reports, Books, and Records as used in §§ 1205.308, 1205.331, and (b) Midsouth Region : Arkansas, Louisiana, Mississippi, Missouri-Illinois, 1205.334 Reports. 1205.332, includes cottonseed of such cot­ 1205.335 Books and records. ton and the products derived from such and Tennessee-Kentucky; 1205.336 Confidential treatment. cotton and its seed. (c) Southwest Region: Oklahoma and Texas; Certification of Cotton Producer § 1205.305 Fiscal period. (d) Western Region: Arizona, Cali- Organization “Fiscal period” is the 12-months bud­ fomia-Nevada, and New Mexico. 1205.337 Certification of cotton producer getary period and means the calendar § 1205.316 Marketing year. organization. year unless the Cotton Board, with the Miscellaneous approval of the Secretary, selects some “Marketing year” means a consecutive other 12-months budgetary period. 12-month period ending on July 31. 1205.338 Suspension and termination. 1205.339 Proceedings after termination. § 1205.306 Cotton Board. § 1205.317 Part and subpart. 1205.340 Effect of termination or amend­ ment. “Cotton Board” means the adminis­ trative body established pursuant to “Part” means the cotton research and 1205.341 Personal liability. promotion order and all rules, regula­ 1205.342 Separability. § 1205.318. tions and supplemental orders issued Authority: The provisions of this subpart § 1205.307 Producer. pursuant to the act and the order, and issued under sec. 5, Cotton Research and “Producer” means any person who the aforesaid order shall be a “subpart” Promotion Act (sec. 5, 80 Stat. 280). shares in a cotton crop actually har­ of such part. § 1205.300 Findings and determina­ vested on a farm, or in the proceeds C o tto n B oard tions. thereof,„as an owner of the farm, cash tenant, landlord of a share tenant, share § 1205.318 Establishment and m em ber­ (a) Findings on the basis of the hear­ tenant, or sharecropper. ship. ing record. Pursuant to the Cotton Re­ search and Promotion Act (80 Stat. 279), § 1205.308 Handler. There is hereby established a Cotton and the applicable rules of practice and “Handler” means any person who Board composed of representatives of procedure (7 CFR Part 1205, 31 P.R. handles cotton, including the Commodity cotton producers, each of whom shall Credit Corporation. have an alternate, selected by the Secre­ 10510), public hearing sessions on a pro­ tary from nominations submitted by posed cotton research and promotion or­ § 1205.309 Handle. eligible producer organizations within a der were held in Memphis, Tenn., on August 22-24, 1966, in Dallas, Tex., on “Handle” means to harvest, gin, ware­ cotton-producing State, as certified pur­ house, compress, purchase, market, suant to § 1205.337, or, if the Secretary transport, or otherwise acquire owner­ determines that a substantial number of 1 This order shall not become effective un­ ship or control of cotton. producers are not members of or their less and until the requirements of § 1205.15 interests are not represented by any such of the rules of practice and procedure gov­ § 1205.310 United §tates. eligible producer organizations, from erning proceedings to formulate orders under the Cotton Research and Promotion Act have “United States” means the 50 States nominations made by producers in the been m et. of the United States of America. manner authorized by the Secretary.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14443 Each cotton-producing State shall be place and stead of such member and per­ sion to it of research and promotion plans represented by at least one member and form such other duties as assigned. In or projects authorized by § 1205.329, and by an additional member for each 1 mil­ the event of the death, removal, resigna­ for the carrying out of such plans or lion bales or major fraction (more than tion, or disqualification of a member, projects when approved by the Secretary, one-half) thereof of cotton produced in his alternate shall act for him until a and for the payment of the costs thereof the State and marketed above 1 million successor for such member is selected with funds collected pursuant to § 1205.- bales during the period specified in the and qualified. In the event both a mem­ 331, with an organization or association regulations for determining Board ber of the Board and his alternate are whose governing body consists of cotton membership. unable to attend a Board meeting, the producers selected'by the cotton producer Board may designate any other alternate organizations certified by the Secretary § 1205.319 Term of office. member from the same cotton-producing under § 1205.337, in such manner that the The members of the Board and State or region to serve in such mem­ producers of each cotton-producing State their alternates shall serve for terms of ber’s place and stead at such meeting. will, to the extent practicable, have rep­ 3 years, but the initial members and § 1205.325 Procedure. resentation on the governing body of such alternates shall be selected to represent organization in the proportion that the the cotton-producing States in each of A majority of the members of the cotton marketed by the producers of such the cotton-producing regions for terms Board, or alternates acting for members, State bears to the total cotton marketed expiring on December 31, 1968, 1969, or shall constitute a quorum and any action by the producers of all cotton-producing 1970, so that, as nearly as practicable, of the Board shall require the concurring States, subject to adjustments to reflect the terms of one-third of the members votes of at least a majority of those pres­ lack of participation in the program by and their alternates from cotton-produc­ ent and voting. At assembled meetings reason of refunds under § 1205.332. Any ing States in any such region expire each all votes shall be cast in person. For such contract or agreement shall provide year. Each member and alternate mem­ routine and noncontroversial matters that such contracting organization or as­ ber shall continue to serve until his suc­ which do not require deliberation and sociation shall develop and submit an­ cessor is selected and has qualified. the exchange of views, and in matters of nually to the Cotton Board, for the an emergency nature when there is not purpose of review and making recom­ § 1205.320 Nominations. enough time to call an assembled meet­ mendations to the Secretary, a program All nominations authorized under ing of the Board, the Board may also take of research, advertising, and sales promo­ § 1205.318 shall be made within such action upon the concurring votes of a tion projects, together with a budget, or period of time and in such manner as the majority of its members by mail, tele­ budgets, which shall show the estimated Secretary shall prescribe. The eligible graph or telephone, but any such action cost to be incurred for such projects, and producer organizations within each cot­ by telephone shall be confirmed promptly that any such projects shall become effec­ ton-producing State, as certified pursu­ in writing. tive upon approval by the Secretary. ant to § 1205.337, shall caucus for the § 1205.326 Compensation and reim­ Any such contract or agreement shall purpose of jointly nominating two quali­ bursement. also provide that the contracting organi­ fied persons for each member and for The members of the Board, and alter­ zation shall keep accurate records of all each alternate member to be selected to nates when acting as members, shall its transactions, which shall be available represent the cotton producers of such serve without compensation but shall be to the Secretary and Board on demand, cotton-producing State. If joint agree­ reimbursed for necessary expenses, as and make an annual report to the Cotton ment is not reached with respect to the approved by the Board, incurred by them Board of activities carried out and an ac­ nominees for any such position each such in the performance of their duties under counting for funds received and expend­ organization may nominate two qualified this subpart. ed, and such other reports as the Secre­ persons for any position on which there tary may require ; was no agreement. § 1205.327 Powers. (d) To review and submit to the Secre­ The Board shall have the following tary any research and promotion plans § 1205.321 Selection. powers: or projects which have been developed From the nominations made pursuant (a) To administer the provisions of and submitted to it by the contracting to §§ 1205.318 and 1205.320 the Secretary this subpart in accordance with its terms organization or association, together with shall select the members of the Board and provisions; its recommendations with respect to the and an alternate for each such member (b) Subject to the approval of the approval thereof by the Secretary; on the basis of the representation pro­ Secretary, to make rules and regulations (e) To submit to the Secretary for his vided for in §§ 1205.318 and 1205.319. to effectuate the terms and provisions approval budgets on a fiscal period basis of this subpart including the designation of its anticipated expenses and disburse­ § 1205.322 Accept ance. of the handler responsible for collecting ments in the administration of this sub­ Any person selected by the Secretary the producer assessment authorized by part, including probable costs of adver­ as a member or as an alternate member § 1205.331, which designation may be of tising and promotion and research and of the Board shall qualify by filing a different handlers or classes of handlers development projects as estimated in the written acceptance with the Secretary to recognize differences in marketing budget or budgets submitted to it by the promptly after being notified of such practices in any State or area; contracting organization or association, selection. (c) To receive, investigate, and report with the Board’s recommendations with to the Secretary complaints of violations respect thereto; § 1205.323 Vacancies. of the provisions of this subpart; (f) To maintain such books and rec­ To fill any vacancy occasioned by the (d) To recommend to the Secretary ords and prepare and submit such reports failure of any person selected as a mem­ amendments to this subpart. from time to time to the Secretary as he ber or as an alternate member of the § 1205.328 Duties. may prescribe, and to make appropriate Board to qualify, or in the event of the accounting with respect to the receipt The Board shall have the following and disbursement of all funds entrusted death, removal, resignation, or disquali­ duties: fication of any member or alternate to it; member of the Board, a successor for the (a) To select from among its members (g) To cause its books to be audited unexpired term of such member or alter­ a chairman and such other officers as by a competent public accountant at nate member of the Board shall be nomi­ may be necessary for the conduct of its least once each fiscal period and at such nated and selected in the manner speci­ business, and to define their duties; other times as the Secretary may re­ (b) To appoint or employ such persons quest, and to submit a copy of each such fied m §§ 1205.318,1205.320, and 1205.321. as it may deem necessary and to deter­ audit to the Secretary; § 1205.324 Alternale members. mine the compensation and to define the duties of each; (h) To give the Secretary the same An alternate member of the Board, (c) With the approval of the Secre­ notice of meetings of the Board as is ®v,rmg the absence of the member for tary, to enter into contracts or agree­ whom he is the alternate, shall act in the given to members in order that his rep­ ments for the development and submis­ resentative may attend such meetings;

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 14444 PROPOSED RULE MAKING (i) To act as intermediary between thepersonally by such producer in ac­ employees of the Department of Agricul­ Secretary and any producer or handler; cordance with regulations and on a form ture and of the Cotton Board.

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 PROPOSED RULE MAKING 14445 at the end of the marketing year when­ time to time account for all receipts and gation, or liability which shall have ever he determines that its suspension disbursements and deliver all property on arisen or which may thereafter arise in or termination is approved or favored by hand, together with all books and records connection with any provision of this a majority of the producers of cotton of the Board and of the trustees, to such subpart or any regulation issued there­ voting in such referendum who, during a person or persons as the Secretary may under, or (b) release or extinguish any representative period determined by the direct; and (4) upon the request of the violation of this subpart or any regula­ Secretary, have been engaged in the pro­ Secretary execute such assignments or tion issued thereunder, or (c) affect or duction of cotton, and who produced other instruments necessary or appropri­ impair any rights or remedies of the more than 50 per centum of the volume ate to vest in such person or persons full United States, or of the Secretary, or of of the cotton produced by the cotton title and right to all of the funds, prop­ any other person, with respect to any producers voting in the referendum. erty, and claims vested in the Board or such violation. § 1205.339 Proceedings after termina­ the trustees pursuant to this § 1205.339. tion. (c) Any person to whom funds, prop­ § 1205.341 Personal liability. erty, or claims have been transferred or No member or alternate member of the (a) Upon the termination of this sub­ delivered pursuant, to this § 1205.339 shall part the Cotton Board shall recommend Cotton Board shall be held personally re­ be subject to the same obligation imposed sponsible, either individually or jointly not more than five of its members to the upon the Cotton Board and upon the Secretary to serve as trustees, for the with others, in any way whatsoever, to trustees. any person for errors in judgment, mis­ purpose of liquidating the affairs of the (d) Any residual funds not required to Cotton Board. Such persons, upon desig­ takes, or other acts, either of commission defray the necessary expenses of liquida­ or omission, as such member or alternate, nation by the Secretary, shall become tion shall be turned over to the Secretary trustees of all of the funds and property except for acts of dishonesty or wilful to be disposed of, to the extent prac­ misconduct. then in the possession or under control ticable, in the interest of continuing one of the Board, including claims for any or more of the cotton research or pro­ § 1205.342 Separability. funds unpaid or property not delivered motion programs hitherto authorized. or any other claim existing at the time If any provision of this subpart is de­ of such termination. § 1205.340 Effect of termination or clared invalid or the applicability thereof (b) The said trustees shall (1) con­ amendment. to any person or circumstances is held tinue in such capacity until discharged Unless otherwise expressly provided by invalid, the validity of the remainder of by the Secretary; (2) carry out the obli­ the Secretary, the termination of this this subpart or tlje applicability thereof subpart ,or of any regulation issued pur­ to other persons or circumstances shall gations of the Cotton Board under any suant thereto, or the issuance of any not be affected thereby. contracts or agreements entered into by amendment to either thereof, shall not [F.R. Doc. 66-12201; Filed, Nov. 8, 1966; it pursuant to § 1205.328(c) ; (3) from (a> affect or waive any right, duty, obli- 8:52 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 218— WEDNESDAY, NOVEMBER 9, 1966 No. 218—Pt. II------2